HomeMy WebLinkAboutM2006-0096HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3044 / Fax (949) 723-0589
HARBOR PERMIT/APPROVAL IN CONCEPT
HARBOR PERMITIAPPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH
as required for permit application to the South Coast Regional Commission pursuant to
California Administrative Code, Sections 13210 and 13211.
General Description of Proposed Development: Remove and replace existing
dock, gangway and pile.
lAddress number must be stenciled on at least I bayward facing pile.
vier conditions Must be signed by applicant prior to final approval.
113roperty Address: 43 Linda Isle I
Legal Description:
lHarbor Permit Number: 133-43
1131an Check Number: 2542-2014
jApplicant: Anthony Hsieh
Applicant's Mailing Address: 43 Linda Isle, Newport Beach, CA 92660
Phone Number: 949-631-3121 Swift Slip
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application. Page 1 of 2
And find
They comply with the current adopted Newport Beach General Plan, Municipal
Code, Title 17 and any applicable specific or precise plans or,
o That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the
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:
N�- Has been determined to be ministerial or categorically exempt.
o Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
Ei Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
harbor permit and a building permit have been given and are final. The development is
not subject to rejection in principal by Newport Beach unless a substantial change is
proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
Special Conditions.
Lisa Walters, Harbor Resources
November 20, 2014
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
Print 170��j Worksheet for Combo Building & Solar Permit Application
Comm'I Residential City of, Newport Beach - Building Divislon
NOTE: PLAN CHECK FEES Dt IF: AT TIMP nP.ql IRWROP xvil 10ra-t
r—Building r- Grading
[—Drainage r— Elec F_ Mech Plum Cu Yd Cut W11 RT BEACH
Project Address (Not mailing address), F Flood F_ Fire f— Liq La sli N/A
0
F34 LINDA ISLE
Description of Work
Use F Const Type F
StoriesF_ # Units (if ResF_
Remove and replace existing
660C, gangway, and pile
Valuation 105,000
Material/Labor
New/Add SF
Remodel SF Garage/New/Add F_
OWNER'S NAME
Last IHSIEH First FANTHONY
Owner's Address
Owners E-mail Address
143 Linda Isle
iJacquelyn.chung@sbcglobal.net
city lNewport Beach
CA
State ZiPF92660 Telephonelg4g.631.3121
APPLICANrS NAME
Last lChung First FJacquelyn
Applicant's Address
Applicants E-mail Address
1642 Baker Street
iJacquelyn.chung@sbcglobal.net
City lCosta Mesa
State FA Zip [92626 Telephonel949.631.3121
ARCHffECT/DESIGNER'S NAME Last — First I Lic. No.
Architect/Designers Address
F
ArchitecttDesignerjs E-mail Address
city
State Zip Telephonel
ENGINEER'S NAME
Last 113azley FirstFTim Lic. No.IC50019
Engineer's Address
Engineer's E-mail Address
12500 Via Cabrillo Marina #200 iJacquelyn.chung@sbcglobal.net
city 1Los Angeles
State CA Zip Telephone -
1310-548.3132
CONTRACTOWS NAMEXOMPANY Lic. No. 797052 ClassFA
ISwift Slip Dock� and Pier Builders, Inc. F
Contractors Address
Contractor's E-mail Address
1642 Baker Street
iJacquelyn.chung@sbcglobal.net
city lCosta Mesa
State ICA Zip [92626 Telephonel949.631.3121
SETBACKS REAR
SETBACKS FRONT PERMIT NO.
SETBACKS LEFT
SETBACKS RIGHT PLAN CHECK NO.
USEZONE
DEVELOPMENT NO PLAN CHECK FEES $
ZZ541�_ C zo, t4
CITY OF NEWPORT BERCH
CITY OF
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ELEVRTIONS ERSED ON MERN LOWER LOW WRTER.
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EEL GRASS INSPECTION
'4-'-elgrass within 15'of project
• Eelgrass within 15 - 30'of project
• No �elgrass in pr9ject area
Sighature
InIspection Date & Time
se
C)
00 e
11PRIM"INREA9T�W1 MIM mans 41 �rOA 1,5�& JmTE 11-1Z.14
1 joB- F
2027 Placentia Avenue!
(949) 631-31�1
Costa Mesa, California 92627
a Fax (949) 631-11122 -0,
2027 Placentia Avenue Costa Mesa, California 92627
(949) 631- 3121 - Fax (949) 631-3122 J10-1,
DOCK & PIER BUILDERS
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
#13729
Anthony Hsieh 9/30/2014
Re: #43 Linda Isle
Newport Beach, CA 92663
Cell: 949-351-8466
Email: ahsieh@loandepot.com
ESTIMATE
Remove and replace floating dock, pilings and gangway
Floating Dock
1. 4x8 framing with 5x7 angle clips and 1/2" bolting throughout.
2. Superfloat pontoons filled with styrofoam.
3. 2x6 diagonals built into framing for sheer strength.
4. 1x6 AZEK Premium decking attached with stainless steel screws.
5. 3X12 facia with white rubstrip and corners.
6. (5) — 1W9 square prestressed concrete guide piles.
7. Steel pile guides with rubblocks built below decking.
Gangway
1. 4'x 24'dimensions.
2. (3) — 2X12 stringers.
3. AZEK Premium decking to match dock.
4. 1" half rounds for traction.
5. 3x4 Posts.
6. Milled top rail.
7. (5)-1/4" stainless steel cable side rails.
8. Heavy duty hinge and axle wheel combination.
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DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive
Long Beach, CA 90802
Eeigrass Survey Reporting Form
43 Linda Isle
Newport Beach, CA
Pre Construction October 09, 2014
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 o ' f revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee
to ensure that survey work is following the latest protocols. For further information on these protocols,
contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California
Department of Fish & Game, 858-467-4218. This survey is valid for (60) sixty days from March to August
and valid for (90) ninety days from August to October. For information regarding this survey please contact
Robert Wiegand, Dive Works Diving Service at 949-759-0773.
Reauired Information:
Site Name:
43 Linda Isle
Newport Beach, CA
Robert Wiegand
Survey Contact:
(949) 759-0773
DiveWorkp,Gmail.com
Permit Reference:
(ACOE Permit No., CC Permit
No.)
Hydrographic System:
(bay, estuary, lagoon, or
Newport Harbor
harbor)
Specific Location:
(UTM, Lat./Long., datum,
accuracy level, attach
Refer to Bounding Coordinates Table 3
electronic survey area map if
possible)
Was Eelgrass Detected:
xxx Eelgrass within 15' of proposed project
Eelgrass within 15'-30' of project/ disposal
No eelgrass in project / disposal site
Description of Permitted
Work:
(describe briefly the work to be
Pre Construction Survey
conducted at the site under the
permits identified above)
Page 16 of 17
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DIVE WORKS (949) 759-0773 43 Linda Isle
429-0 Shoreline Village Drive Newport Beach, CA
Long Beach, CA 90802
S Pre Construction October 09, 2014
Eelgrass Survey Reporting Form (Cont.),
Description of Site:
(describe the physical and
biological conditions within
the survey area at the time of
Depth range: 5'— 18'
Bottom is sediment composed
the survey and provide
of sand and dirt.
insight into variability, if
known. Please provide units
for all numerical information).
Substrate type:
Sediment is sand and dirt
Temperature:
800 Air 680 Water
Dissolved Oxygen
7.1 mg/L
Salinity:
Newport Harbor salinity
Dominant flora:
Eelgrass
Dominant fauna:
Common mussels; Round
Rays
Exotic species encountered
none
Other site description notes:
Refer to Table 2 — Quadrat
ample
Description of Survey
Effort: (please describe the
surveys conducted including
type of survey (SCUBA,
Survey date and time
remote video, etc.) and
period:
Survey conducted using
survey methods employed,
SCUBA
date of work, and survey
DATE: October 09, 2014
>75% area including bottom
density (estimated
TIME : 1300 PM
surveyed.
percentage of the bottom
actually viewed). Describe
any limitations encountered
during the survey efforts.
Horizontal visibility in water:
> 1 foot
Survey type and methods:
SCUBA
Survey Personnel:
Robert Wiegand, Sean
Donovan
Patch 1 : 10-90 Turions sq.m
Survey density:
Patch 2: 20-30 Turions sq.m
Survey limitations:
None noted
Other Information: (use this
space to provide any
additional information or
references to attached
Refer to the above report.
materials such as maps,
reports, etc.)
Eelgrass Survey Reporting Form (April 2009)
Page 17 of 17
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DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive
Long Beach, CA 90802
S
Swift Slips
2027 Placentia Avenue
Costa Mesa, CA 92627
43 Linda Isle
Newport Beach, CA
Pre Construction October 09, 2014
Subject: Pre Construction Eelgrass (Zostera marina) and Caulerpa Taxifolia Survey
43 Linda Isle, Newport Beach CA (949) 673-2323
Summary:
Eelgrass patches (Zostermarina) were observed in subject area noted above.
.Caulerpa (Caulerpa Taxifolia) was not observed in subject area noted above.
This is a Pre Construction report as required in accordance with the Southern California Eelgrass
Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California
Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea
grass beds that play a role in the life cycle chain for marine life to reproduce. This survey assists
development projects by contractors like you to conduct activities in conjunction with best
management practices (BMPs) concerning impact and management for promoting eelgrass and
controlling the spread of Caulerpa.. Responsible development by contractors like you helps protect
these sensitive marine ecosystems, which in turn, protect our ocean resources.
Thank you. If you have any questions please feel free to contact us.
Respectfully,
DiveWork@gmaii.com
(949) 759-0773
Page 1 of 17
W
DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive
Long Beach, CA 90802
S
43 Linda Isle
Newport Beach, CA
Pre Construction October 09, 2014
HSIEH Family
43 Linda Isle
Newport Beach, California
Swift Slips
Dock & Pier Builders, Inc.
Costa Mesa, California
Pre Construction Survey
Report Prepared
October 09, 2014
by
Dive Works
Robert Wiegand
Survey assistance by
Sean Donovan
Page 2 of 17
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DIVE WORKS (949) 759-0773 43 Linda Isle
429-0 Shoreline Village Drive Newport Beach, CA
Long Beach, CA 90802
Pre Construction October 09, 2014
CONTENTS
Introduction 4
Location 4
Purpose 4
Survey Method 4
Bounding Coordinates 6
Description of Existing Habitat and 6
Conditions
Findings 8
Discussion 8
Conclusion 9
List of Figures
Figure 1. Location of 43 Linda Isle, Newport Beach, California
................................................................................................................. 10
Figure 2. Dive Transects, eelgrass presence, quadrat location and proposed dock slip
................................................................................................................. 11
List of Tables
Table 1. Tides and Currents
................................................................................................................. 12
Table 2. Baseline Eelgrass Evaluation
................................................................................................................. 12
Table 3. Bounding Coordinates
................................................................................................................. 13
Surveys
Caulerpa Survey
................................................................................................................. 14
Eelgrass Survey
.................................................................................................................. 16
Page 3 of 17
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d"
DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive
Long Beach, CA 90802
G
Introduction
43 Linda Isle
Newport Beach, CA
Pre Construction October 09, 2014
Please note, as is typical of eelgrass in Newport Harbor, conditions will vary at any time. This
survey was completed within the eelgrass growing season and per the Southern California Eelgrass
Mitigation Policy (SCEMP).
Impacts to eelgrass were difficult to assess due to the size of the survey area. Considerable time
diving and mapping taking quadrats where possible and were conducted based with results based
on visibility, depth, and tidal flow (current).
Existing dock system has been in place more than 10 years. (Refer to Figure 2)
Survey conducted is for the purpose of addressing the requirement to determine impact on existing
natural habitat and navigational impact to waters and channel.
Location
Client at 43 Linda Isle, Newport Beach, CA proposes to expand existing "I" shape dock slip. (Refer
to Figure 2).
Purpose
This is a Pre Construction survey report addressing one of the requirements under the SCEMP to
establish a baseline for the density and extent of eelgrass for the purpose of evaluating future
proposed impacts on existing natural habitat, in particular eelgrass within the waters of the United
States (U.S.), in Newport Harbor, California (Refer to Figure 1).
Please note that this survey report is not a scientific research paper. This report is provided to a
private individual with limited resources for the purpose of obtaining the required Coastal
Development permits to float a dock into place and comply with the SCEMP.
Survey Method
Survey was conducted on October 09, 2014, beginning at approximately 0930 hour. The survey day
was sunny, air temperature was 800 Fahrenheit (F), water temperature was 680 F. Pursuant to
SCEMP, Section 3 for "Mitigation"', eelgrass habitats and potential habitats were measured.
Determining sample size is complex. The dock slip was reviewed from the surface and a
determination of sample size was completed prior to conducting. the survey. Sample size was
confirmed after a thorough evaluation of potential eelgrass habitat within project site had been
The project applicant shall map thoroughly the area, distribution, density and relationship to depth contours of any
eelgrass beds likely to be impacted by project construction. This includes areas immediately adjacent to the project site
which have the potential to be indirectly or inadvertently impacted as well as potential eelgrass habitat areas. Potential
habitat is defined as areas where eelgrass would normally be expected to occur but where no vegetation currently
exists. SCEMP 1991.
Page 4 of 17
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DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive 43 Linda Isle
Newport Beach, CA
Long Beach, CA 90802
S
Iii Pre Construction October 09, 2014
completed. No additional quadrats were felt to be needed to provide reliable survey results of the
potential impact area and changes that could occur in the future.
A total of 9 quadrats were placed in approximately 6,270 square feet (1,911 meters square) of the
sample area (i.e., dock slip + adjoining properties either side of Clients property lines, see Figute 2).
The sample size was believed to be adequate because of the pattern of the eelgrass near the
shoreline. Expected eelgrass patterns, although ever changing, are expected to be fairly similar
over time.
For the potential impact area under the gangway and around the dock slip (eelgrass is in area of
existing dock slip at head walk near sea wall), the sample size is 0.1 percent (9 square feet sample
size/6,300 square feet area of potential impact). (Refer to Figure 2). Thus, the largest sample
areas would be where it is important to measure impacts to eelgrass (and potential) habitat.
Determining location and placement of 9 quadrats as per requirements of SCEMP is complex and
must be completed using numerous considerations, in addition to considerations of habitat
suitability, primarily in association with the level of expected impact from the proposed project. After
an initial over -water and under -water review of the eelgrass area, quadrant locations were selected
representing a range of suitable habitat, potential habitat and anticipated impacts to eelgrass habitat
from around Clients dock slip. (Refer to Figure 2).
As described above, a total of 9 quadrants were placed within the entire survey area (6,300 square
feet). Each quadrant measured one square foot (0.3 meter) and was used to measure eelgrass
density. They were placed in depths of 5 feet (1.5 meters), 6 feet (1.8 meters), 7 feet (2.1 meters) , 8
feet (2.4 meters), 12 feet (3.7 meters) and 18 feet (5.5 meters). Eelgrass in Southern California has
been found in depths of up to 98 feet (27 . 8 meters)2 ; however, eelgrass is primarily found up to 20
feet (6.1 meters) in depth in this type of sheltered intertidal habitat3 , and therefore representative
depths found within the dock slip were selected, including potential habitat found within the dock
slip. Due to limited private individual resources, a basic assumption was made the eelgrass
presence is considered to be the most likely area to support suitable eelgrass habitat within the
survey area in the future. (Refer to Figure 2). Other considerations must be discussed as there are
factors within this dock slip that appear to be limiting the growth of eelgrass beyond a certain depth
(Refer to Figure 2 and the Discussion section of this report below).
The survey area was delineated as 114 feet by 55 feet (6,270 square feet) and accounted for a
minimum of 15' past Clients property lines. Diver transects were parallel to the sea wall and starting 15'
feet out from end of dock slip fingers. The survey was conducted with 2 divers spaced approximately
1 foot apart. Lanes ran parallel to sea wall and the width of each lane was 5 feet wide with divers
scanning approximately 1 foot on either side, thus 11 transects were conducted starting out 55 feet
from sea wall (Refer to Figure -2) covering the entire area to ensure >75% coverage of bay floor. A
1' square (0.3 meter square) grid was used to take 9 quadrant samplings. (Refer to Figure 2).
The exact location of eelgrass roughly estimated in Figure 2. Based on this information, 9 qaudrats
were placed in the expected areas adjacent to proposed gangway and dock slip and a minimum of
15' past "I" shape dock slip.
2 California Department of Fish and Game. State of Fisheries Report (2008).
California Department of Fish and Game. State of Fisheries Report (2008).
Page 5 of 17
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. ' DIVE WORKS (949) 759-0773 43 Linda Isle
429-0 Shoreline Village Drive Newport Beach, CA
Long Beach, CA 90802
Pre Construction October 09, 2014
As per the SCEMP and due to the size of the dock slip, other potential eelgrass habitats were also
observed and found barren of eelgrass in what might be considered potential habitat. (Refer to
Figure 2.). All 9 quadrats were placed in areas where eelgrass is present and probably has grown
for several years; exact length of time is unknown. The potential eelgrass habitat was surveyed and
determined abiotic parameters are consistent with the existing eelgrass habitat. A review of any
potential differences in the eelgrass habitat and potential eelgrass habit could be compared as both
are comparable for the proliferation of eelgrass.
Bounding Coordinates
Bounding Coordinates for existing eelgrass are calculated as per requirements of SCEMP and are
listed in Figure 3.
Description of Existing Habitat and Conditions
According to SCEMP, Section 3, "Mitigation", factors to be considered in delineating potential habitat
areas include appropriate circulation, light, sediment, slope, salinity, temperature, dissolved oxygen,
depth, proximity to eelgrass, history of eelgrass coverage, and etc. The data in this report is
compared with the data of habitat in P.L.A. Erftemeijer and K.E. van de Wolfshaar (2006) report that
describes minimum tolerated, optimum range and maximum tolerated conditions for Zostera marina
eelgrass and personal experience of diving in Southern California Bays. (Refer to Dive Observations
and Discussion belOW)4. Please note that in general, abiotic parameters are generally stable year
around for this site location.
Dive Observations of 43 Linda Isle:
Depth: Depth ranged from 5 feet near shore to 18 feet at end of survey area at a length of 55 feet
out from sea wall and 114'wide along sea wall. (Refer to Figure 2).
Appropriate Circulation: Circulation in this particular dock is likely similar to the circulation pattern in
the main channel of the Newport Harbor because of proximity of this survey area to the main
channel.
Light: Within the dock slip, visibility was > 1 foot and murky due to particulate matter in water. The
origin of the particulate matter is unknown, but is likely to be the same as the condition in the nearby
Harbor channel.
Sediment- The survey area bottom substrate was fine sand, shell fragments and dirt or clay
(sediment).
Salinity: Salinity would be expected to be the same in the dock slip as in Newport Harbor.
Temperature: Water temperature variation ranges from 590 to 620 F in Newport Harbor,
California. Water temperature is likely higher due to shallow waters and higher than normal daily
temperatures at time of survey.
4 P.L.A. Erftemeijer and K.E. van de Wolfshaar. May, 2006. Ecological model of the Lagoon of Venice. Part Ill.
Seagrass Habitat Model.
Page 6 of 17
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DIVE WORKS (949) 759-0773
43 Linda Isle
429-0 Shoreline Village Drive Newport Beach, CA
41WG SE10401' Long Beach, CA 90802
Pre Construction October 09, 2014
Dissolved oxygen: Hypoxia, which is generally defined as dissolved oxygen levels that are less than
2 to 3 mg/L and creates dead zones where this condition is present in some locations of Newport
Harbor from water runoff of Newport Beach City. Dissolved oxygen in Harbor Waters near 43
Linda Isle, Newport Beach, CA can range from 4.2 mg/L to 10.3 mg/L due to several Abiotic
factors. What is important here is this range is acceptable for eelgrass habitats. At time of
survey dissolved oxygen was approximately 7.1 mg/L using the LaMotte Dissolved Oxygen Test
Kit. The data in this report is compared to the data of habitat in Recommended Options for
Maximum Water Temperature Limits and Minimum Dissolved Oxygen limits at a Compliance
Point for Discharges from the South Bay Power Plant in San Diego Bay, Necessary to Protect
Beneficial Uses October 09, 2003, Richard F Ford, Ph.D.5 Please note that in general, abiotic
parameters are generally stable year around for this site location.
Depth: The depth of the eelgrass habitat measures between 5 and 18 feet and 2 patches (1,2),
while the depth of the potential eelgrass habitat measures 6-18 feet in depth. (Refer toRgure 2).
Proximity to e,elgrass coverage: The potential eelgrass habitat is located immediately adjacent to
the eelgrass habitat so eelgrass has the potential to spread.
Low Tide Exposure- Optimum conditions for eelgrass habitat include less than 0 to 5 percent of the
time for low tide exposure. Due to the dock's location in the southern portion of Newport Harbor,
the proposed dock slip would not have any low tide exposure.
Slope: Slope descent increases as distance increases from rock wall. The slope of survey site
bottom depth starts at 5 feet at the sea wall and slopes out 55 feet out from sea wall, where the
depth is 18 feet with an overall slope of 23.6 percent (13 foot depth differential / 55 feet). The slope
of the eelgrass covered portion of the survey area (3 foot depth / 25 feet from sea wall) is 12
percent. The potential eelgrass (eelgrass absence) habitat slopes from 15 feet from sea wall at 6
foot depth to 55 feet from sea wall at 18. foot depth (12 feet depth / 40 feet non-eelgrass extending
out from sea wall) and has a slope of 30 percent. There is a 18 percent difference in slope between
the eelgrass habitat and the potential eelgrass habitat since they parallel from sea wall to channel.
The contour of bottom is a slow descent from sea wall out to the channel at a slightly increasing rate
evenly paralleling the length of the sea wall within the surveyed area.
Circulation: Please note that this tide information is not exact as circulation is difficult to estimate in
the Newport Harbor because there are no gauges available in that area. However, circulation would
be anticipated to be similar as in the Newport Harbor channel.
Fauna: Observation included common species of Newport Harbor mussels on pileS6 and common
round rays (Urobatis halleri, rays)r.
Other factors effecting eelgrass growth is visibility, dissolved oxygen, and water depth. Some
-1 Richard F. Ford Ph.D. April 4, 2003. Recommended Options for Maximum Water Temperature Limits and Minimum
Dissolved Oxygen limits at a Compliance Point for Discharges from the South Bay Power Plant in San Diego Bay,
Necessary to Protect Beneficial Uses
6 US Army Corps of Engineers. Biological Report 82(11.84). Life Histories and Environmental Requirements of Coastal
Fishes and Invertebrates (Pacific Southwest); California Sea Mussel and Bay Mussels.
7A]Ien, Larry G., Amy M. Findlay, and Carol M. Phalen. 2002. Structure and Standing stock of the Fish Assemblages of
San Diego Bay, California from 1994 to 1999. Bulletin of Southern California Academy of Science. 10 1 (2), 2002. Pp 49-
85.
Page 7 of 17
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DIVE WORKS (949) 759-0773 43 Linda Isle
429-0 Shoreline Village Drive Newport Beach, CA
Long Beach, CA 90802
S Pre Construction October 09,2014
areas of Newport Harbor show signs of hypoxia and no marine life exists in these areas due to
water run-off from the city. A complete study of dissolved oxygen in Newport Harbor has not
been conducted but having dived nearly 50% of the Bay since 1995 and observed large areas
devoid of much of the marine life. The need to monitor and protect our marine life is paramount
in Newport Harbor.
Findings
Caulerpa: No caulerpa was observed (see attached Caulerpa Survey Reporting Form).
Eelgrass: Eelgrass was observed within the survey area. (Refer to attached Eelgrass Survey
Reporting Form and Figures 2).
This Pre Construction survey site has existing "I" shape dock structure. This survey was
conducted within existing floating dock system (Refer to figure 2). Eelgrass distribution was
observed at 2 locations noted as Patches' 1,2, as shown in Figure 2. Density and length throughout
survey area was uniform. After the 9 foot depth mark no eelgrass was observed while diving further
out from the sea wall towards the channel where it appears dredging has taken place in the past
some time ago. Near sea wall at the 5 foot depth and going out to the 9 foot depth, eelgrass was
approximately 8" to 24" inches in length and ranged in density from 10 turions sq meter to 90
turions per square meter. Eelgrass was not present after approximately the 9 foot depth and
deeper. At the 10+ foot depth, eelgrass did exist, and, a rapid decent of the bottom was observed
after 9 foot depth. The 9 foot depth started approximately 20 feet from sea wall. (Refer to Figure 2).
Due to murky water and a less than 1'foot visibility pictures underwater were not possible. to help
determine eelgrass distribution, eelgrass density in relation to depth, and eelgrass lengths, including
sediment type, slope and contour of bottom a total of 9 quadrats were taken at varying depths and
distances from the sea wall. Table 2 lists all quadrats taken in relation to existing and potential
eelgrass habitats and are shown as blue stars in Figure 2.
Discussion:
First, it is important to understand that SCEMP requires a level of assessment in accordance with
the level of impacts, and does not require an exhaustive research report. The observational survey
report should provide a baseline for evaluation of future impacts to eelgrass. The survey should
provide an assessment of the survey site such that the baseline can be used to adequately assess
impacts to eelgrass in two sequential years if required under SCEMP. Thus, a selection of sample
size and evaluation of the quadrats are of primary importance.
Second, it is important to know the history of dock slip. Historically, the existing dock has been
present more than 10 years.
The distribution of eelgrass within bay and estuarine systems is defined by numerous variables,
including light, temperature, salinity, substrate, wave exposure, currents and nutrient availability.
Eelgrass forms extensive meadows in soft -bottom habitats from the low intertidal to depths of about
20 feet (6 meters), and from sheltered areas to exposed coasts. In southern California, eelgrass has
been reported to occur as deep as 98 feet (30 meters). Optimum temperatures for eelgrass growth
seem to lie between 50 and 680F (10 and 200C). However, eelgrass is known to survive with a lower
Page 8 of 17
V, wo
DIVE WORKS (949) 759-0773 43 Linda Isle
429-0 Shoreline Village Drive Newport Beach, CA
Long Beach, CA 90802
S Pre Construction October 09, 2014
tolerance level of 21OF (-60C) and an upper level of 104.90F (40.50C). Eelgrass is a euryhaline
species (able to live in a wide range of salinities) that is capable of growing near stream mouths
when the water is fresh at low tide, but does not row in persistent fresh water. A salinity range of
10 to 30 parts per thousand is optimum for growth.
In general, low circulation (<5 cm/second) to medium circulation (20 — 40 cm/second) is considered
an optimum range of circulation for eelgrass to grow9. Circulation October increase in the main
Harbor channel, which could account for lack of eelgrass in the outer portion of the dock slip,
although there are likely other causes for this lack of eelgrass in the potential eelgrass habitat of the
dock, which cannot be fully analyzed due to limited resources of the customer. However, circulation
would be expected to be suitable to support eelgrass.
Reduction in light due to turbidity has been identified as a major cause of the loss of seagrasses
worldwide (Shepherd et a[., 198910; Green and Short, 20031"). Particulate matter in Newport
Harbor is high, but is likely equal in all areas of the dock slip. Visibility in Newport Harbor is low
due to an increased density of particulates in the sea water. Low visibility has effect on sunlight
penetration into water and is a limiting factor for eelgrass existing at deeper than 12-15' depths.
This measurement varies throughout Newport Harbor.
Sediment is a general term, which in this case is used in describing Newport Harbor bottom make
up which sediment is in this case made up of silt to clay saturated with traces of fine sand, shell
fragments. No observation of boulders or gravel has been noted while diving throughout most
Newport Harbor docks. There is bedrock that does exist and sometimes some form of obstruction
whether rocks/boulders/refuse at varying depths roughly averaging 20 feet below bottom existing
slowing down pile installations. This bedrock does not appear to have a visible impact on the
surface of the bottom of Newport Harbor water ways.
Conclusion
A total of 9 quadrats were placed in 43 Linda Isle, Newport Beach, California. In addition to the
general results of the survey, the results in Table 2 of each quadrat should be used in evaluating
any future surveys conducted and potential future mitigation. The cause of the lack of eelgrass in the
outer portion of the dock slip cannot be specifically identified by observations or anecdotal accounts.
13 California Department of Fish and Game. State of Fisheries Report (2008).
9 P.L.A. Erftemeijer and K.E. van de Wolfshaar. May, 2006. Ecological model of the Lagoon of Venice. Part Ill.
Seagrass Habitat Model.
10 Shepherd, S.A., A.J. McComb, D.A. Bulthuis, V. Neverauskas, D.A. Steffensen and R. West, 1989. Decline of
seagrasses. In: A.W.D. Larkum, A.J. McComb and S.A. Shepherd (Eds.) Seagrasses: A Treatise on the
Biology of Seagrasses vi/ith Special Reeference to the Australian Region. Elsevier, North Holland, pp.
346387.
Green, E.P. and F.T. Short, 2003. World Aflas of Seagrasses. Prepared by the UNEP World Conservation
Monitoring Centre. University of California Press, Berkeley, USA, 298 pp.
Page 9 of 17
Figun
-ewo
�k DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive
Long Beach, CA 90802
G S
43 Linda Isle
Newport Beach, CA
Pre Construction October 09, 2014
Page 10 of 17
43 Linda Isle
Newport Beach, CA
Pre Construction October 09, 2014
dock slip
Sufvey Area
Ee�grass Patch 1,2
Transects = 10
Page 11 of 17
? Time -
0 hr
)/2014
30
.er 68
2'
V, wo
DIVE WORKS (949) 759-0773 43 Linda Isle
429-0 Shoreline Village Drive Newport Beach, CA
4!) Long Beach, CA 90802
GS
1i Pre Construction October 09, 2014
Table 1 below depicts tide at + 3' ft MLLW during the survey. Additionally, tidal variations
are also included.
NEWPORT BAY ENTRANCE, CORONA DEL MAR, CA Station1d: 9410580
10/10 Fn 10:41 AM 6.2 H
-1.0. L
10/10 Fri 05:30 PM -0.25 L 19/09
10/10 Fri 11:48 PM 4.38 H 12an
18/09 10/09 10/09 18/10 10/10 10/10 10/10 10/11
6an 12pn 6pn 12an 6an 12pn 6pn 12an
Date/Tine (LST/LDT)
Table 2. Baseline evaluation of depth, length of turions and density of turions in quadrats,
per square meter, in the dock slip. Evaluation is based on quadrat reading of left to right in
Fiaure 2.
Quadrat
7.80
1
'
'
'
.
' ' . I
Daily Tide Prediction in Feet
8
!
!
!
!
!Pre�licied'HL
Time Zone: LST/LDT
6.80
------------- --------
8"-24"
-----------
--------
---------- ......
Datum: MLLW
5.00
--------- -------
i.
---------------
: ------
Photograph
DiveT!Me�
4.06
... .... ... ..........
--------- 1,300 - r ---- -----------------
Turions/
I .........
71
3 00
------------
20-30
-------
.
......... -------
&
2.00
--------
------------
----- -----
-------------- ---- --------
10/10 Fri 04:29AM 1.22L&
0 .00
.... — ... i ----------------
5'
---- -------------
6'
A-:
10/10 Fn 10:41 AM 6.2 H
-1.0. L
10/10 Fri 05:30 PM -0.25 L 19/09
10/10 Fri 11:48 PM 4.38 H 12an
18/09 10/09 10/09 18/10 10/10 10/10 10/10 10/11
6an 12pn 6pn 12an 6an 12pn 6pn 12an
Date/Tine (LST/LDT)
Table 2. Baseline evaluation of depth, length of turions and density of turions in quadrats,
per square meter, in the dock slip. Evaluation is based on quadrat reading of left to right in
Fiaure 2.
Quadrat
1
2
3
4
6
6
7
8
9
Length of
W-1811
8"-24"
8"-24"
8"-24"
8"-24"
Turions
Photograph
Turions/
Quadrat
20-30
20-30
10-90
10-90
10-90
Depth in
Feet
12'
7'
5'
18'
6'
5'
8'
12'
18'
Quadrants
in Impact
x
x
Area
Quadrants
in Eelgrass
x
x
x
x
x
x
Habitat
Quadrats in
Potential
Eelgrass
x
x
Habitat
Page 12 of 17
.,.JV, WO
S
DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive
Long Beach, CA 90802
Table 3. Boundina Coordinates
43 Linda Isle
Newport Beach, CA
Pre Construction October 09, 2014
EELGRASS SPECIFIC LOCATIONS
Square Feet
Latitude and
Universal Transmercator
Square Meters
Length
Patch
Longitude
zone 11 Hemisphere N.
Density
NAD 83
33.613339,
416028.7
-117.905198
Easting
3719652.3
Northing
33.613343,
Easting
416022.7
-117.905263
Northing
3719652.8
33 .613386,
Eastipg
416024.6
-117.905243
Northing
3719657.6
33.613381,
-117.905215
Easting
416027.2
3719657
113 feet x 10 feet
Northing
34.4m x 3.Om
1
33.613580,
-117.905124
Easting
416035.8
3719679
10-90 Turions sq meter
Northing
8'�-24""Iength
33.613601,
-117.905080
Easting
416039.9
3719681.3
Depth 5-9'foot
Northing
33.613634,
Easting
416041.1
-117.905068
Northing
3719684.9
33.613634,
Easting
416042.5
-117.905053
Northing
3719684.9
33.613339,
-117.905198
Easting
416028.7
Northing
3719652.3
33.61 1 3684,
Easting
416044.3
-117.905034
Northing
3719690.5
25 feet x 15 feet
33.613707,
Easting
416038.3
7.6m x 4.6m
-117.905099
Northing
3719693.1
2
20-30 Turions sq meter
33.613732,
Easting
416040
8'�- 18" length
-117.905080
Northing
3719695.8
Depth 5�-9" foot
33.613697,
Easting
416046.5
-117.905010
Northing
3719691.9
Page 13 of 17
V, wo
DIVE WORKS (949) 759-0773 43 Linda Isle
429-0 Shoreline Village Drive Newport Beach, CA
Long Beach, CA 90802
GS Pre Construction October 09, 2014
Caulerpa Survey Reporting Form
This form is required to be submitted for any surveys conducted for the invasive exotic algae, (Caulerpa)
which is required to be conducted under federal and/or state permits and authorizations issued by the U.S.
Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The
form has been designed to assist to identify and control any potential impacts of the authorized actions on
the spread of Calupera. Surveys required to be conducted for this species are subject to modification
through publication of revisions to the Calupera survey policy. It is incumbent upon the authorized permittee
to ensure that survey work is following the latest protocols. For further information on these protocols,
contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California
Department of Fish & Game, 858-467-4218. This survey is valid for (60) sixty days from March to August
and valid for (90) ninety days from August to October. For information regarding this survey please contact
Robert Wiegand, Dive Works Diving Service at 949-759-0773.
Required Information:
Page 14 of 17
43 Linda Isle
Site Name:
Newport Beach, CA
Robert Wiegand
Survey Contact:
(949) 759-0773
DiveWork@Gmaii.com
Permit Reference:
(ACOE Permit No., CCC Permit
No.)
Hydrographic System:
Newport Harbor
(bay, estuary, lagoon, or harbor)
Specific Location:
(UTM, Lat./Long., datum,
Caulerpa not observed
accuracy level, attach electronic
survey area map if possible)
Yes, Caulerpa was found at this site and
Was Caulerpa Detected-
Has been contacted on date.
xxxx No, Caulerpa was not found at this site
Description of Permitted Work:
(describe briefly the work to be
Pre Construction Survey
conducted at the site under the
permits identified above)
Page 14 of 17
"�V' wo
DIVE WORKS (949) 759-0773 43 Linda Isle
429-0 Shoreline Village Drive Newport Beach, CA
Long Beach, CA 90802
Pre Construction October 09, 2014
Caulerpa Survey Reporting Form (Cont.)
Description of Site:
(describe the physical and
biological conditions within
the survey area at the time
of the survey and provide
Depth range: 5'— 18'
Bottom is sediment composed of
insight into variability, if
sand and dirt.
known. Please provide units
for all numerical
information).
Substrate type:
Sediment is sand and dirt
Temperature:
800 Air 680 Water
Dissolved Oxygen:
7.1 mg/L
Salinity:
Newport Harbor salinity
Dominant flora:
Eelgrass
Dominant fauna:
Common Bay mussels, round rays
Exotic species encountered
None
- Caulerpa
Other site description notes:
Description of Survey
Effort: (please describe the
surveys conducted
including type of survey
(SCUBA, remote video,
Survey date and time
Survey conducted using SCUBA
etc.) and survey methods
period:
>75% area including bottom
employed, date of work,
surveyed.
and survey density
DATE: October 09, 2014
Refer to the above report.
(estimated percentage of
TIME :130OPM
the bottom actually viewed).
Describe any limitations
encountered during the
survey efforts.
Horizontal visibility in water:
> 1 foot
Survey type and methods:
SCUBA
Survev Personnel:
Robert Wiegand, Sean Donovan
Survey density:
None noted
Survey limitations:
None noted
Other Information: (use
this space to provide any
additional information or
references to attached
Refer to the above report.
materials such as maps,
reports, etc.)
Caulerpa Survey Reporting Form (version 1. 2, 10131104)
Page 15 of 17
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3044 / Fax (949) 723-0589
HARBOR PERMIT/APPROVAL IN CONCEPT
HARBOR PERMITIAPPROVAL 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.
lGeneral Description of Proposed Development:
I Dredqinq of 3, 100 cubic vards. I
jProperty Address: 43 Linda Isle I
Legal Description:
lHarbor Permit Number: 133-43
IPlan Check Number:
jApplicant: Orange County Investments, LLC
Applicant's Mailing Address: 43 Linda Isle, Newport Beach, CA 92660
Phone Number: Anchor 949-347-2780
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application. Page 1 of 2
And find
X They comply with the current adopted Newport Beach General Plan, Municipal
Code, Title 17 and any applicable specific or precise plans or,
o That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the
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.
o Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
o Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
harbor permit and a building permit have been given and are final. The development is
not subject to rejection in principal by Newport Beach unless a substantial change is
proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
Special Conditions.
Lisa Walters, Harbor Resources
June 3, 2011
Attachments:
Worksh eet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
ANCHOR
OEA
26300 La Alameda, Suite 240
Mission Viejo, California 92691
Phone 949.347.2780
Fax 949.334.9646
May 27,2011
Chris Miller
Harbor Resources Division
City of Newport Beach
829 Harbor Island Drive
Newport Beach, California 92660
Re: Request for AIC/CEQA Determination for the 43 Linda Isle Maintenance Dredging
Project
Project Number: 100715-01
Dear Mr. Miller:
Anchor QEA, L.P., is pleased to submit the following information on behalf of
Orange County Investments, LLC, for the maintenance dredging project at 43 Linda Isle in
Newport Beach. Orange County Investments respectfully requests that the City of Newport
Beach (City) issue an Approval in Concept (AIC)/California Environmental Quality Act
(CEQA) Categorical Exemption for this project so that applications to the Regional Water
Quality Control Board, California Coastal Commission, and the U.S. Army Corps of
Engineers (USACE) may proceed. This letter and attachments is provided to the City to
address any questions or concerns regarding the proposed maintenance dredging activity.
The vessel berthing area at 43 Linda Isle has experienced significant sedimentation over time,
resulting in insufficient depth for safe navigation and berthing. Orange County Investments
is seeking approval to dredge the slip area to the original design elevation of -10 feet Mean
Lower Low Water (MLLW) with 2 feet of allowable overdepth. Some portion of the USACE
channel will also be dredged to provide connecting depths between the slip and the channel;
concurrence has been obtained from the USACE to do so. The area of dredging is shown in
Figure 1. The total estimated volume of removal is approximately 3, 100 cubic yards (cy).
www.anchorqea.com
Request for AIC/CEQA Determination for the 43 Linda Isle Maintenance Dredging Project
May27,2011
Page 2
PROPOSED PROJECT INFORMATION
Project History and Purpose of Dredging
The proposed project area is used for recreational navigation by residents and visitors of the
43 Linda Isle property. Maintaining safe navigation within the project area entails ensuring
full use of the existing dock and channel access, which requires maintenance dredging to
remove sediment that has accumulated since the last dredging episode.
The proposed project area is within the City and lies within the geographic service area for
the Los Angeles District USACE Regional General Permit 54 (City Maintenance Dredging,
Repair Work, and Beach Nourishment; RGP 54). However, due to the proposed dredge
depth and volume, Orange County Investments is seeking authorization for the proposed
maintenance dredging through a USACE standard individual permit. The overall goal of the
project is to restore the navigable capacity of the existing dock by removing sediments
accumulated above the original design depth of -10 feet MLLW.
Method of Dredging and Disposal Location
Sediment sampling and analysis in accordance with an agency -approved Sampling and
Analysis Plan will be completed in summer 2011. The results of this analysis will be utilized
to determine the ultimate disposal location; currently, the planned disposal site is LA -3.
Upon receiving all necessary approvals, material would be mechanically dredged and placed
in a floating dump -scow for transport to the offshore site. Since a dredging contractor has
not yet been selected for this project, the exact vessel names or operator names are not
currently available.
A preliminary dredge plan was developed based on the information obtained and is provided
on Figures 1 and 2. Approximately 21,318 square feet of dredge area is divided along the
boundary of the 43 Linda Isle property and the federal channel line. The estimated volume
to design depth (-10 feet MLLW) for this dredge plan alternative is 2,300 cy. Assuming
1 foot of allowable paid overdepth, the resulting total paid volume is 3,100 cy. With an
additional 1 foot of unpaid overdepth allowance, the maximum dredge volume is 3,900 cy.
Request for AIC/CEQA Determination for the 43 Linda Isle Maintenance Dredging Project
May27,2011
Page 3
Evaluation of Effects on Existing Structures
Removal of subaqueous sediments has the potential to adversely impact existing structures,
such as bulkheads, pile -supported docks, or floating docks that rely on guide piles for
stability. In an effort to ascertain information that may aid in the development of dredge
plan alternatives, as -built construction drawings for 43 Linda Isle were obtained from the
City and reviewed by Anchor QEA engineers. Several of these documents (provided as
Attachment A) proved useful in providing the original dredge design depth for this area. To
demonstrate how the proposed maintenance dredging plan compares with the original design
dredge elevation for this site, Figure 2 shows the approximate location of the original design
mudline in a cross-sectional view.
Based on Anchor QEA's investigation, the floating dock and gangway appear to have been
replaced in recent years, while the 12 -inch square concrete guide piles date back to original
construction at the site (c. 1965). The original guide piles were installed by Trautwein
Brothers, a contractor involved with marine construction in Lower Newport Bay, during
construction of the Linda Isle development. It is also understood that the Trautwein
Brothers typically installed concrete guide piles with lengths of either 30 or 34 feet for
private residences, such as 43 Linda Isle. Based on an inscription in one of the piles observed
by Anchor QEA staff on November 16, 2010 ("WFM SH 30' 10-1-65"), it is assumed that
the guide piles at 43 Linda Isle are 30 feet in length. The approximate pile location wit h
respect to the proposed dredging and the original design mudline elevation is provided in
Figure 2.
Anchor QEA anticipate that the structural support to the bulkhead wall will be unaffected
by the proposed dredging, due to the planned offset of the dredging from the bulkhead and
because the original design dredging depths were considerably closer to the wall than what is
currently planned. The guide piles are situated within the dredged side slope area and are
expected to experience a lowering of the immediately surrounding mudline. Thi s will lessen
the current degree of support to the guide piles, although this is mitigated by the expectation
that most (if not all) of the removed material is soft, recently deposited sediment which
contributes little to guide pile support. Anchor QEA's review of existing documentation also
indicates that the planned dredging is less than what has been performed historically at the
site, implying that the piles have been in place with greater water depths in the past.
Request for AIC/CEQA Determination for the 43 Linda Isle Maintenance Dredging Project
May27,2011
Page 4
Eelgrass Survey
An eelgrass survey was conducted by Ecomarine Consulting, LLC, on October 8, 2010. This
biological survey was performed by trained divers and included the proposed dredge area and
the area offshore of the property at 43 Linda Isle. The pertinent results of the eelgrass survey
are provided in Figure 1; the fall report can be provided by request.
Based on the anticipated post -dredge angle of repose of the sediment surrounding the dredge
prism, approximately 659 square feet of eelgrass exists within the dredge impact zone. The
Southern California Eelgrass Mitigation Policy (SCEMP) requires mitigation for direct
impacts to eelgrass (e.g., removal of eelgrass via dredging) at a ratio of 1.2:1; therefore,
approximately 791 square feet of mitigation could be required for the proposed dredging at
43 Linda Isle. The mitigation plan for eelgrass impacts is still under development at this time
in coordination with the City.
CERTIFICATION
Anchor QEA hereby certifies that the information in this letter is accurate and complete to
the best of our knowledge. Orange County Investments certifies that they will abide by all
the terms and conditions of the resource agency permits and win hold the City harmless
from and indemnify the City against any damage claim arising from the use of those pen -nits.
Orange County Investments will submit a dredging completion report within 30 calendar
days of completing dredging operations. All work shall be scheduled to occur Monday
through Friday between 7 AM and 6 PM, and any deviations must be approved by the City.
CONCLUSION
Thank you for your consideration of our request, and please contact me with any questions at
(949) 347-2780 or at rwalkeraanchorqea.com.
Sincerely,
;K�Ae_
Rob Walker, P.E.
Coastal Engineer
Anchor QEA, L.P.
Request for AIC/CEQA Determination for the 43 Linda Isle Maintenance Dredging Project
May 27,2011
Page 5
List of Attachments
Figure 1 Preliminary Dredge Plan
Figure 2 Proposed Conceptual Dredge Cross Section Showing Original Design
Mudline
Attachment A As -built Drawings
Cc:
Richard Stoltz, Orange County Investments, LLC
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August 9, 2007
Mariners Escrow Corp
Fax: 949.721.8157
CITY OF NEWPORT BEACH
829 Harbor Island Drive, Newport Beach, CA 92659
949-644-3044/Fax 949-723-0589
Re: HARBOR PERMIT TRANSFER
Pier Permit # 133-43
Escrow# 31483 -BF
43 Linda Isle
The Harbor Resources division has received the completed & signed application
and fee for the pier permit transfer. The pier inspection performed by our office
has determined that it meets City standards. The permit will be transferred into
the buyer's name. Thank you for your help.
For further assistance in this matter, please contact me at 949.644.3044.
Sincerely,
U'Sol Wofterg
Harbor Resources Division
January 31, 2007
Mariners Escrow Corp
Fax# 949-721-8157
Re: Pier Permit #133-43
43 Linda Isle
Escrow # 31483 -BF
Dear Mariners Escrow,
CITY OF NEWPORT BEACH
829 Harbor Island Drive, Newport Beach, CA 92659
949-718-1844/Fax 949-723-0589
The City of Newport Beach has inspected the above pier and found it to meet
City standards. Once we receive the application signed by the buyer and
seller the pier will be transferred.
Thanks for your help and if you require further assistance in this mafter please
call.
Sincerely,
4;�d A&I-F
Lisa Walters
Harbor Resources Division
MARINERS ESCROW CORPORATION
Newport Beach, CA 92660 CbeckNo- 421168 421168
Check Amount $ 444. 00
zD�ite: 1/30/2007 EscrowNo- 31488 -BF (IM ) Closed: - 7/23/2007
Payee: City Of Newport Beach -Harbor Dept
829 Harbor Island Drive
Newport Beach, CA 92660
Seller: Charles Rohrer and Kirkland Crossing Associates, LLC, Miscellaneous Fee
a Florida Limited Liabilit
Buyer: Orange County Investments LLC Property: 43 Linda Isle, Newport Beach, CA
92660
Ref: .
Memo 1 -
Memo 2:
Detail: Pier Inspection Fee 444.00
We Aooreciate Your Business!
0,
cgz
kxl., Q
PLEASE SIGN AND RETURN
HARBOR PE-RAIHT
TRANSFER -APPLICATION -
829 Harbor Island Drive
Newport Beach, CA 92660
**Date of Applicaton: 1/30/07 Permit Number:
"Property Address: 43 LINDA ISLE
NEWORT BEACH, CA 92660
"Buyer's Names: ORANGE coum iNvEsmENTs LLc
Billing Address: CIO MR. KENT GREEK SOUTHWEST PROFESSIONAL CTR.
441 W. PLUMB LANE, RENO Nv. 89509
Telephone No.:
Buyers Signatures;
"Seller's Names: MARLER ROHRER & KIRIMAND CRQq.-,TNr. AMROCTATES Tj C
Sellers Signatures:
Joint Owner Sic
gnature:
""'Escrow Company: MARINERES ESCROW CORP
"Address 1100 NEWPORT CENTER DRIVE,-STE#2OO NEWPORT BEACH, CA 92660
Escrow Number: 31483 -BF **Fax #: (949) 721-81.57
Closing Date (Estimate): 2/27/07 611 r ---A 0 7
*,.*STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS
Inspection Date: lia/67
Fee Paid: 4 '
Application Com
Reinspection Date:
, Check No: -Mges
Harbor Resources SignaturelOate
Special Conditions: This permit is revocable by the City Council
in accordance with Title 17 of the Newport Boach Municipal Code.
PLEASE SIGN AND RETURN
HARBOR PERMIT
TRANSFER APPLICATION
829 Harbor Isla:nd Drive
Newport Beach, CA 92660
9,
**Date of Applicaton: 1/30/07 Permit Number: 1�33-qS
"Property Address: 43 LINDA ISLE
NEWPORT BEACH, CA 92660
"Buyer's Names: ORANGE COUNTY INVESDIENTS LLC
Billing Address: C/O MR. KENT GREEN SOUTHWEST PROFESSIONAL CTR.
441 W. PLUMB LANE, RENO NV. 89509
Telephone No.:
Buyer's Signatures;
"Seller's Names:_ CHARLES ROHRER & KTRICLAwn CRORSTNG Ag-OCTATEq Tj,C
Sellers Siq
, natures:
Joint Owner Signature:
**Escrow Company: MARIN ERE s ESCROW CORP
"Address 1100 NEWPORT CENTER DRIVE, STE#200 NEWPORT BEACH9 CA 92660
Escrow Number: 31483 -BF _**Fax #: (949) 721-8157
Closing Date (Estimate): 2/27/07
*,.*STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
Inspection Date: Reinspection Date:
Fee Paid:
Application Complete-,
Check No:
Harbor Resources SignatunglOate
Special Conditions: This PeAn7it is revocable by the City Council
in aGoordance with Title 17 of the Newport Beach Municipal Code.
MARINERS ESCROW
1100 NEWPORT CENTER DR. SUITE 200 / NEWPORT BEACH / CA / 92660 / USA
T 949.640.6040 1 F 949.721.8157
City of Newport Beach
Harbor Transfer / Lisa Walters
829 Harbor Island Drive
Newport Beach, CA 92660
Re: 43 Linda Isle, Newport Beach, CA 92660
WWW.MARINERSESCROW.COM
In connection with the above referenced escrow, we enclose the following:
Signed Pierslip Transfer Fonns.
If you have any questions or need anything fiirther, please do not hesitate to call.
Sincerely,
Mariners Escrow Corporation
Brian Foxcroft
Escrow Officer
Date: August 8, 2007
Escrow No.: 31483 -BF
Your Re:
Date:
Inspection Requested By:
INSPECTION FORM
Harbor Resources Department
/07
Inspector: Don Duffy
4
,�)
Pier Address: 4P
Pier Tran
GFI Present
Anti -Siphon / Backflow Present
Other Comments
4E Ig a
ate __�_Trirne
Pump Out
Pier Location
Reinspection
Yes Need None Neede Yes Need
F] Eellgrass Within 15' of Project
F] Eelgrass Within 15'- 30' of Project
n No Eelgrass in Project Area
Yes No
Operational I I
Recommended Action
Encroachmenet
Address of Complaining Party
FA
Boat Description
CIF Number
Location on Dock
Comments / Observations
Other Request
ArcIMS Viewer
Page I of 1
http://www6.city.newport-beach.ca.us/website/nb—info/MapFrame.htm 01/30/2007
iv
THE� IRVINE COMPANY-po'r
November I �, 2006
Aaron Harp, Esq.
Assistant City Attorney
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658-8915
Subject: Underwater Parcels,.Newport Harbor
Dear Aaron:
Enclosed for Acceptance by the City of Newport Beach are:
BYMESSENGER
R E C EE- I V E D
NOV 1. 3 20006
CITY.ATTORNEY'S OFFICE
31TY OF NEWPORT BEACH
Quitclaim Deed (Underwater Parcels — Fee Interest); and,
Assignment of Easements (Navigation Easements over Underwater Parcels),
in favor of the City, fully executed and acknowledged by The Irvine Company LLC.
Drafts of these documents were previously reviewed and approved by your office.
Once the Acceptance has been signed by the City Manager, please return the documents
to me for recording.
Thank you for your assistance in processing these documents. If you have any questions
or require any further information regarding this matter, please feel free to call me
directly at (949) 720-2564 or send me an email at bincinalion0dryineegm i Gom.
pgly
*Sincere Ly,
Brigid D. McMahon
Senior Director, Legal Administration
Enclosures (2)
cc: Dan Miller, TIC (w/o encls.)�
Mary Westbrook, Esq., TIC (w/o encls.)
550 Newport Center Drive, Newport Beach, California 92660-7011 # (949) 720-2000
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WORKSHEET FOR BUILDING / FIRE PERMIT APPLICM
CITY OF NEWPORT BEACH
CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
P1 PARP PPIMT nP TVPF
1. PROJECT ADDRESS (NOT MAILING ADDRESS)
FLOOR
SUITE NO.
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PHONE NO.
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F] 4. ARCHITECT/DESIGNER'S NAME LAST FIRST
LEGAL DESCRIPTION
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PHONE NO.
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ST
3. OWNER'S NAME LA c&07/(e.
OWNER'� ?,DDRESS
q 6�ndq
OWNER'S E-MAIL ADDRESS
1
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PHONE NO.
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F] 4. ARCHITECT/DESIGNER'S NAME LAST FIRST
—
LIC. NO.
ARcHITECT/DESIGNER'S ADDRESS ARCH ITECT/DES IGN�ER'�ADDRESS
CITY STATE ZIP
PHONE NO.
F] 5. ENGINEER'S NAME LAST FIRST
STATE LIC. NO.
ENGINEER'S A _SS
ENGINEER'S E-MAIL ADDRESS
STATE ZIP
PHONE NO.
6. CONTRACTOR'S NAME
BUSINESS LIC.
STATE LIC.
CONTRACTO 'S ADDRESS
CONTRACTOR'S E-MAIL ADDRESS
'ITY STATE ZIFL?
Ec vt,� '�,, 7
PHO(� N.�
OFFICE USE ONLY
PERMIT NO.
TYPE OF CONSTRUCTION PLAN CHECK NO.
PLAN CHECK FEE $
OCCUPANCY- GROUP PLAN CHECK ENG.
Form_s0fdgj_ppTicaUon 8127104
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CITY OF NEWPORT BEAC"11-
HARBOR PERMIT
eEpMISSION IS HEREBY GRANTED TO CONSTRUCT AND
MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF,
AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF
T141E HARBOR PERMIT POLICIES OF NEWPORT REACH ANf-
ANY SPECIAL CONDITIONS LtSTED HEREON. THIS PERMI't
NOT TRANSFERABLE WITHOUT THE wRiTrEN CONSENT OE
-0tNA'f0fTt OR CITY COUNCIL. TH,
..HE CITY HARBOR COOP E PERMISSIVE ONLN
, iGHTS GIVEN UhDER THIS PERMIT AR
-!-;D THIS PERMIT MAY BE REVCKED BY THE CiTy COUNClt
CF WITH TITLE��170 JTHE MU.NLCIPAL CODE.
ACCORDAN
CITY HA -13
DATK
;�-A*X_ �n -
yff,IAL CONDMOM
jb6fo§ Of WrIeers Permit I 2�
6t,joso cou* Permit Fr -
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APR 06,2005 08:48
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HARBOR PERMTT
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TRANSFER APPLICA.TION
Page 3
DateOtAPPIlCaton: Permit Number ---Z-, �5—�1,3
Property Address. A-2 f*i ..
Buyer's Names: L e�
Billing Address: -r) q1 00ark r -of
TelePhone No.:
Buyer's Signatures:
Seller's Names:
Selley's Signatures:
Joint Owner Signature.
Escrow Company:.
9 2V9 Jol
Address —L7—
Escrow NUMber:
Y r_��e
Closing Date
Inspection Date: Y1X4-0--'1 ReInspection Date:
Fee Amount:
Date Paid- 1116 Ch k Number- 5-1?)
Application Completo, z
/ 49
Harbor R7e-s;—urcej5(S—ignafur91Dafe
SPecial Conditions: Thi,,; perrnit jq rQvocqj)jc, by the City Councit
in accorda.nce willi Title 7 7 of the Nowpofj Bearh Muiyi6ipal Codo.
qo- 2, � rl
TCITAI 1. O'll,
MAR '18:0S 9 49
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April 12, 2005
Chicago Title Company
Fax 949-497-5106
CITY OF NEWPORT BEACH
829 Harbor island Drive, Newport Beach, CA 92659
949-644-3034/Fax 949-723-0589
Re: Pier Permit #133-43
43 Linda Isle, Newport Beach
Escrow # 058520444-S43
Dear Sirs:
The City of Newport Beach has inspected the above pier and found it to meet
City standards. Once we receive the application signed by the buyer and
seller the pier will be transferred.
Thanks for your help and if you require further assistance in this matter, please
call 644-3034.
Sincerely,
Lorrte Aroese
Lorrie Arcese
Harbor Resources Division
INSPECTION FORM
Harbor Resources Department
Date:
Inspection Requested By:
Inspector: Don Duffy
Pier Address: e13 x"/,�
Z-3-3 — 5/-3
Pier Transfer
Reinspection
---l-----�GFI Present Yes Need, None Nee Yes Need
Anti -Siphon / Backfiow Present
Other Comments
Eelgrass
Yes No
Present]
Pump Out
Pier Location
Yes No
Operationall I
Recommended Action
Encroachmenet
Address of C.omolaining Party
Boat Description
-CF Number
Location on Dock
Comments Observations
Other Request
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CITY OF NEWPORT IMleACFf
PERMISSION HAR13OR PERMIT
MAINTAIN TH IS HEREBY ORANTED To CONSTnVc-r 4M�-
AT E FACILITY SHOWN ON THE REVERSE 141EREOF
THE SITE INDICATED, SUBJECT TO THE PROV;sIONS or:
THE HARBOR PERM.IT POLICIES OF NEWPORT REACH Alc
"NY SPE.C-'AL CONDITIONS LS-rrzC,
is NOT TRANSF'-ZRABLE W4THoUT THE WRITTEN CONSENT 0 -
THE CITY HARBOR HEREON. THIS PERMj'-,
RIGHTS COOR�fUArOR OR CITY COUNCIL. Tk'
GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONL'
AND THIS
IN ACCOR PERMIT MAY BE REVOVD By THE -.-y
DANCE WITH TITLE OF THE COUNCII.
DE.
CITY HA OR COORDINATOR
F� ..........
SPECIAL CONDITIONS:
COrPs Of Engineers Permit
MIMI? County Pirmit
Othcw
I-
I
State of Cakfornia, C.*wqeDeAmejian,CWMrn0r
Cakfornia coastal Corriffission
South Coast District
245 West Broadway, SLAe 380
P.O. Box 1450
Long Beach, C&kfomia 90801-1450
(213) 59D-5071
STATUS LETTER
Date:
Rr-: Application/Appeal No. 5-83-245
The status Of this matter is noted below.
Your application was filed on
The lic a is tentativelyscheduled on
-,-- 2 T PI i: A �fion'
r 1, T, - " l' in; -Inf ation
in This tentative sched6l
is being provided for your convenience and is subject to change -
Written notification of final scheduling of the hearing, along with
a'copy of the staff report, will be mailed approximately 10 days
prior to the hearing.
IMPORTANT: The enclosed Notice of Pending Permit must be posted on
the site, in a conspicuous place, within 3 days of its receipt.
This application is incomplete and cannot be filed or processed
until the items listed on the attached sheet have been completed
and submitted to the District office.
This appeal was received and has been
determined to be a valid appeal. You will be no:Eified of the
place and date of the public hearing.
This appeal was received . after the
expiration of the appeal period, hence it is not a valid appeal.
This appeal was received but has been
determined invalid for the following reason:
No permit required.
if you have any questions,.please oontactAL
at (213) 590-5071.
Staff Analyst
1/5/83
Y'Y C) F=
^MCAIR
ENVIRONMENTAL MANAGEMENT AGENCY
REGULATION .
400 CIVIC CENTER DRIVE WEST FILE
SANTA ANA, CALIFORNIA
(714) 834-2626
MURRAYSTORM
DIRECTOR, EMA
H. J. KRIZAN
DIRECTOR OF REGULATION
MAILING ADDRESS;
P.O. BOX 4048
SANTA ANA , CA 92702
Application Reference
Trautwein Brothers Waterfront MR 14 tll
Construction No. 82-01843(HE)
2410 Newport Boulevard
Newport Beach, California
Dear Sir:
Your request for a permit to use property under the jurisdiction of the Board of Super-
visors has been:
0 Received and is presently being reviewed by this agency's Public Property Permits
Division. Upon completion of our review, you will be notified of the results.
FLI Received by this agency's Public Property Permits Division. In order to complete our
processing, please provide the following:
1. Proof of concurrence from City of Newport Beach.
2. Submit $130.00 permit fee (check or cash only).
3. Submit insurance certificate (see instructions attached).
4. Submit copy of title report documenting ownership.
5. After execution of permit by permittee, return ALL copies to this office.
-6. Submit letter of authorization for person signing permit.
0 Accepted and will be approved by this agency's Public Property Permits Division, subject
to execution of the enclosed permit by the permittee, or an authorized representative.
Please return all cogies for final Processing by this office. An approVed copy will be
returned to you for your records.
0 Approved subject to your compliance with the provisions of the enclosed fully executed
permit. Inspection services shall be arranged, as noted in the permit, prior to com-
mencement of the permitted use.
Any questions regarding our permit procedures may be directed to the person whose name and
telephone number are noted below.
Maurice Bowar
Division Representative
RDB:am
834-5707
Representative's Telephone Number
-4� tnd� J&
R. D. Burk, Manager
Public Property Permits Division
5-83-245
SPECIAL CONDITIONS: NONE
III. EXECUTIVE DIRECTOR'S -DETERMINATION
A Project Description. The applicant proposes to de-molish a
p;ivate boat dock and construct a new dock in conjunction
with an existing single-family dwelling.
The site is located on Linda Isle, a private community, in the
waters which provide access to and egress from Upper Newport
Bay. The community was substantially developed prior to
enactment of Proposition 20. Access to the Isle is by bridge
from the mainland. The proposed dock is located seaward of the
bulkhead which surrounds the Isle.
B. Public Access. Section 30212(a) of the Coastal Act states:
Section 30212.
(a) Public access from the nearest public roadway to the
shoreline and along the coast shall be provided in new
development projects except where (1) it is inconsistent
with public safety, military 'security needs, or the
protection of fragile coastal resources, (2) adequate access
exists nearby, or (3) agriculture would be adversely
affected. Dedicated accessway shall not be required to be
opened to public use until a public agency or private
s sociation agrees to accept responsibility for maintenance
nd liability of the accessway.
Public vertical access to the shoreline of Linda Isle does not
exist due to the private ownership of the street that leads from
the mainland bridge to the interior of the Isle. This private
street, Linda Isle Drive, is also the only street on the Isle.
Since the homeowners association owns the street, not the in-
dividual property owners, the applicant is not legally capable
of granting vertical access through the community to the beach.
Therefore, the Executive Director determines that, though there
is inadequate public access to and along the shoreline on Linda
Isle, the applicant is absent the legal ability to grant
such access and that the development is otherwise in conformance
with the policies of Chapter 3 of the Coastal Act.
A policy relating to public lateral access appears on page 9(a)
of the Certified Land Use Plan which states that lateral
access easements are not required "in established existing
residential subdivisions where no sandy beach exists".
The waterside parcels on the Isle are adjacent to an existing
bulkhead seaward of which no sandy beach exists. The Executive
Director determines that public lateral access is therefore
not required and further, that the proposed development is con-
sistent with the access policies of the Certified Land Use Plan
and Chapter 3 of the California Coastal Act.
- 3 - (continued)
5-83-245
C. Certified Local Coastal Program Consistency.. Based on the
abov—e,-7E-e-T'xecutive Director determines that the project is
consistent with the certified Land Use Plan and will not pre-
judice the ability of the City of Newport Beach to prepare
implementing ordinances consistent with and adequate to carry
out that certified Land Use Plan.
- 4 -
State of California, Ceorge Deukmejian, covermr
California Coastal Commission
SOUTH COAST NSTRICT
245 West Broadway, Suite 380
P.O. Box 1450
Long Beach, California 90801-1450
(213) 59L�5071
NA Yq
0 1983b
k" qu
CP
STAFF REPORT: ADMINISTRATIVE ITEM
APPLICANT: Robert Milhous AGENT:
PERMIT NO.: 5-83-245 (Milhous)
PROJECT LOCATION: 43 Linda Isle, Newport Beach
F= 4/15/83
4MnW 6/3/83
10/6/83
sm�n D.Pickens/Js/rm%g
5/6/83
5/24-27/83
Trautwein Bros.
PROJECT DESCRIPTION: Demolition of private boat dock and construction
of new dock.
LOT AREA n/a
BLDG. COVERAGE n/a
PAVEMENT COVERAGE n/a
LANDSCAPE COVERAGE n/a
ZONING Unclassified
PLAN DESIGNATION Unclassified
G.P., LUP draft, LUP adopt, LUP cert.,
PROJECT DENSITY n/a
HEIGHT ABV. FIN. GRADE n/a
LOCAL APPROVALS RECEIVED —Approval in Concept, City of Newport Be ch
SITE CHARACTERISTICS Flat adjacent to the bulkhead in the Channel
leading into Upper Newport Bay.
SURROUNDING LAND USE: Similar single-family residences, the majority
of which have boat docks.
COASTAL ACT ISSUES: Public Access/Certified Land Use Plan.
5-83-245
EXECUTIVE DIRECTOR'S ACTION
Approval
L]
The Executive Director hereby issues a permit for the proposed develop-
ment on the rounds that the development will be in conformity with the
provisions of Chapter 3 of the California Coastal Act of 1976,,4ill
not prejudice the ability of the local goverment having jurisdiction
over the area to prepare a Local Coastal Program conforming to the
provisions of Chapter 3 of the Coastal Act, is located between the sea
and the first public road nearest the shoreline and is in conformance
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.
I. STA14DARD CONDITIONS
1. Notice of Receipt and Acknowledgement. The permit is not valid
and construction 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 construction has not commenced, the permit will
expire two years from the date on which the Commission voted on the
application. Construction shall be pursued in a diligent manner and
completed in -a reasonable period of time. Application for extenstion
of the permit must be made prior to the expiration date.
3. Compliance. All construction must occur in strict compliance with
the proposa s set forth in the application for permit, subject.-tc�.-,
any special conditions set forth below. Any deviation from the approved
plans must be reviewed and approved by the staff and may require Commission -
approval.
4. Interpretation. Any questions of intent or interpretation of any
condition wilT-Fe--resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect
the site and the development during construction, subject tc 24-hour
advance notice.
6. Assignment. The permit may be assigned to any qualified person,
provrN76�a-ssignee files with the Commission an affadavit accepting all
terms and conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions
- T -n of the Commission and the
shall be perpetual, and it -is the intent o
permittee to bind all future owners and possessors of the subject
property to the terms and conditions.
W 2 - (continued)
7
State of California, George D�ukmejian, Governor A
California Coastal Commission
South Coast District COASTAL DEVELOPMENT PERMIT NO. 5-83-245
245 West Broadway, Suite 380
P.O. Box 1450 Page 1 of 2
Long Beach, California 90801-1450
(213) 590-5071
on May 24, 1983 _, The California Coastal Commission granted to
Robert Milhous, 43 Linda Isle, Newport Beach, CA 92663
this permit for the development described below, subject to the attached
Standard and Special conditions.
Demolition of a private boat dock and construction of a new
dock.
SITE: 43'Linda Isle, Newport Beach
Issued on behalf of the California Coa
IMP&UAN; IM MLUT IS NOT VALID
UNLEU AND WIL A COPY OF TK PUWT
WN UK 3100 ACKNOMEDGMT IMS
SM KRUS TO UK om
zxecutive Director
and
W-01-2-ftplmm
ACKNOWLEDGEMENT
The undersiqned permittee acknowledges
receipt of this permit and 4grees to abide
by all terms and conditions thereof.
Date Signature of Permittee
5/81
Coastal Development Per mit No. 5-83-245
Page 2
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgement. The permit is not valid and construction shall not coon, nce until a copy of
-the pey—miff�—Slgned by the permittee or authorized agent, acknowledging receipt of the peTit and acceptance of the
terms and conditions. is returned to the Comission office.
2. Expiration. If construction has not commenced. the permit will expire two years from the date on which the Commission
od of
voteFlo—n-fhe application. Construction shall be pursued in a diligent manner and completed in a reasonable peri
time. Application for extension of the permit must be made prior to the expiration date.
3. CqWliance. All construction must occur in strict compliance with the proposal as set forth in the application for
0
permit�--Subject to any special conditions set forth below. Any deviati n from the approved plans must be reviewed and
approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director
or the commission.
5. Inspeq�ions. The Commission staff shall be allowed to inspect the site and the development during construction,
s "E —
u Ject to 24-hour advance notice.
6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an
'affa-cTa—vit accepting all terms and conditions of the permit.
7. Terms and Conditions Run with the Land. These terns and conditions shall be perpetual. and it is the intention of the
commission and the permittee to bind all Tuture owners and possessors of the subject property to the terms and
conditions.
SPECIAL CONDITIONS: None
TOMM W1
14; 4U 1AU3 A ATWJ W U6,i...
lb Tft�
A OW
A&
WHE APPROVED THIS Is YOUR
-BLIC PROPERTY NNCROACHMENT PERMIT'
4 C
E
NV PERNT
OFORANGE 82-01843(HE)
DESIG'NA�ED PHONE: 834-3488 ENVIRONME ALL MANAGEMENT AGENCY No.
Failure to make arrangements for inspection prioil REGULATION/PUBLIC PROPERTY PERMITS EFFECTIVE
to commencement o! Permitted Use Shall V01111 Main omee-400 CAnC CENTER ORIVE WEST
this permit. SANTA ANA, CALJFORNIA 9M
OR— P.O. BOX 4048, SANTA ANA, CA 92702
PHONES; 834-5M 83"73 or $34-2626
The undersigned declares to be the current legal owner of property/facirnles affected by this permit
PERMITTEE This permit shall be non -transferable.
Robert Mi-1hous
43 Linda Isle
Newport Beach, California
Person
Telephonallo. 675-2034
DATE
EXPIRATION
Spec.. Prov. "B"
DATE!
NAME
NEWPORT TIDELANDS
NUMBER
USE: Use of County property is hereby authorized as follows. subject to provisions on reverse hereof and afta&.-d hereto:
To remodel a residential pier at Lot 43 Linda Isle as shown on attached sketch.
I
MAXIMUM ENCROACHMENT FROM THE PIER SHALL BE 22 FEET.
LOCAnON OF WORK:
I
NEWPORT TIDELANDS AT LOT 43
CONSIDERATION:
Permit Fees $iaa-no (Tim9 7 9) Surety No required TOTAt
Check No Cash Receipt — Date Trust Fund
Contractor — Trautwein Brothers Waterfront Const., 2410 Newport Blvd., N
PERMITTEE'S ACCEPTANCE:
Permittee accepts permit and agrees to comply with and be bound by terms thereof.
Invoice
rt Beach, CA
COUNTYAPPROVAL: Title 2,
Division 5
of
the
Codified
Ordinances
of
O.C.
V L
INSPECTION ASSIGNMENT. Construction, cc: Recreation Facilities.
PERMITTEE SHALL COMPLY WITH REGULATIONS PRINTED ON REVERSE SIDE OF PERMIT AND ATTACHMENTS
NOTE: FOR YOUR PROTECTION CALL ALL UTILITIES BEFORE STARTING PERMITTED USE
B-63-245
EXHIBITi
RRAYSTORM
ECT
H J �OK RFIG
T*Y C) F= 01 RECTOR 0 R EG LAT
2 1
0
T
MAILING ADORESS:
P.O. BOX 4048
5 3 FR^M C1 e SANTA ANA. CA 92702
ENVIRONMENTAL MANAGEMENT AGENCY
REGULATION
400 CIVIC CENTER DRIVE WEST FILE
SANTA ANA, CALIFORNIA
834-2626
Trautwein Brothers Waterfront Application Reference
Construction APR 41983
2410 Newport Boulevard No. 82-01843(HE)
Newport Beach, California
Dear Sir-'
Your request for a permit to use property under the jurisdiction of the Board of Super-
visors has been:
0 Received 'and is presently being reviewed by this agency's Public Property Permits
Division. Upon completion of our review, you will be notified of the results.
0 Received by this agency's Public Property Permits Division. In order to complete our
processing, please provide the following:
I I
0 Accepted and will be approved by this agency's Public Property Permits Division, subject
to execution of the enclosed permit by the permiftee, or an authorized representative.
Please return all coDies for final �rocessing b7 this office.- An approved cop� will be
returned to you for your records.-
MApproved subject to your compliance with the provisions of the enclosed fully executed
permit. Inspection services shall be airanged, as noted in the permit, prior to com-
mencement of the permitted use.
Any questions regarding our permit procedures may be directed to the person whose name and
telephone number are noted below.
.'Maurice Bowar 834'-5707.
Division Representative Representative's Telephone Number
Manager
RDB:am Publ ic, Property Permits Division
STANDARD PROVISIONS,
11. Permits issued by this Agency are pursuant to the authority v by the Board of Supervisors for the
County of Orange, Orange County Rood Control District and', range County Harbors, Beaches and
Parks District. any one or all of which are hereinafter referred to as county.
2. Permittee agrees to save County, its agencies, districts., etc., including its officers, agents or
employees. harmless from any and all penalties, liabilities or loss resulting from ciaimsorcourt actions,
arising directly or indirectly out of any damage or injury to persons or properly by reason of the acts or
omissions of Permittee, its agents, employees or independent contractors, in exercising any'of the
privileges herein granted or in consequence thereof.
3. Should any damage or injury to the County works occur. either through the acts of agents, servants or
employees of Permittee or by any independent contractor., of Permittee in the exercise of the rights
herein granted. Permittee shall immediately. upo"n the written demand of County, restore such works to
the condition of same on the date of the occurreoce of said damage or injury at Permittee's cost or
expense. The question as to whether or not any subb damage or injury has been caused to the works
� tal t,
shall be determined by the Director of the Environme, anagement Agency and his determination
shall be final.
4. County reserves the right unto itself to perform any work. upon any portion or all of the area covered by
this permit. or to do any other work necessary at any time. Such work may be performed without
incurring any liability of any nature whatsoever to the Permittee. It is further understood and agreed that
County reserves unto!tself the rights of ingress over,all or any portion of the subject area.
5. Neither this permit nor any of the rights herein granted shall be assigned without the prior written
approval of the County.
6. By acceptance of this permit, permittee ackngwfedges and assumes all responsibility for compliance
with requirements of other regulatory governing agencies including but not limited to zoning
regulations. applicable ordinances and laws. E�tc.. of the County of Orange. the State of California. or
others having regulatory control over the use granted herein.
7. A copy of this permit and approved plans. it a ' oplicable. shall be maintained at the site of work and be
snown to any authorized representative of the County or other regulatory governing agency upon
r�,Juest�
8. Concurrently with the processing of this permit acplication. permittee shall deposit fees and surety, it
reauired. in the amounts as specified.
9: Noaccess or work shall be performed within County right -of -way without the full knowledge of assigned
inspector. who shall be given not less than 24 hours advance notice of the initiation of permitted use
either by telephone, or by written notice delivered to this office during normal work days and hours. Said
notice shall include the name and telephone number of Permittee's authorized representative
responsible for coordination and supervision of the permitted use.
Permittee further agrees that all operations within County right-ot-way shall be subject to the operafions�
of County and other authorized persons and under the con�ol and to the satisfaction' of County
inspector.
10. This permit may' be immediately revoked for reasons in the best interest of the County
including violation of permit provisions or oth&r applicable rules and regulations or for the -
creation of a nuisance upon notice given by the Director of the Environmental Management
Agency' or authorized representative. In the. event of such revocation, Permittee shall
immediately cease all operations and restore County right-of-way as directed by assigned
inspector. i
0
COUNTY Or- ORANGE
MU-j,r AGENCY
FNIVIRONNIENTAL.MANAGE. 82-01843(HE)
UL,AT10N/PUBL1C PRON'.RTY PER"I'Ll'S DIV I
SPECIAL PROVISIONS page 1 of 2
JA. Cobn t y - �ereby -rants to permittee the right to use and occupy a portion of
those 1 , ands, commonly referred to as "tidelands", conveyed to County of Orange
on May 125, 1919 by Act of Legislature of the State of California.
Further, this permit is issued subject to Title 1 2, Division�2 of the CodLfied
Ordinances of the County of Orange; however-, validation of permitted use is
subject to approval -of the City of Newport Beach.
B. This pe�rmit may be revoked in accordance with Section 2-2-151 of previously
mentio:n:ed ordinance. All rights of permittee shall end at the time of such
termination'. In the event of such termination, permittee forfeits and waives
any and all claims or rights and shall remove permitted facilities.
C if subject faciii�:ies interfere wi--h future development, operation or mainte-
nance of County tidelands area, permitcee agrees to relocate, reconstr'uct, mod -
fly or remove subject float4na do .1.
L - , ck and -amp, at no expense Lo County, upon
notificat--l'on 'from the Director or his designated representative.
D. if litigalion is required by County to enforce the terms of t1his pecmit because
of breach -or defaul t by permittee, County shall be entLtled to recover From
permittee attorney's fees, as fixed by tlie cour�, including all costs (f the
services of the Office of County Counsel.
E. Permittee shall keep and -maintain the permitted facilities, in good and subsLan-
tial. repair and donditions. Ail improvements shall re-..iain the property of
permittee during the terms of this permit. County shall have no obligation to
permittee for the �fondition of the improvements. Permittee shall make all
necessary repairs or improvements, including but not 14-mited to the u,.aintenance
of piers, moorings, buoys, walkways, plumbing ard elec trical . insEallat ions
(including lighting). Permittee further agrees to keep the area -free and
clear of rubbish, debris, and litter at all times.
F. Permittee shall provide the County with verification of combined single limit
instirance in the amount of Five Hundred Thousand Dollars ($500,000.00) for
public liability and property damage, from an insurance -ompany satisfactory
to County, in which the County of Orange, Orange County Harbors, Beaches and
Parks District and the State of California shall be named as additional insured
with permitt ' ee. The insurance verification certificate must contain a clause
requiring 'th�� insurance company to give County thirty (30) days written notice
prior to any change in insurance coverage. Property coverages mus!�contain a
standard subrooation clause. Evidence of workers compensation insu'rance must
be given. Thi!3-permit shall not be effective until evidence of such insurance
is approved by the Office of,,the County Counsel and filed with this office.
The insurance certificat(i shall refer to this permit application number and be
mailed to Orange County EMA/Regulation, Public Property Permits Division, Post
Office Box 4048, Santa Ana, CA 92702-4048.
G. Permittee acknowledges that County tidelands utilized under this permit are
for the recreational use of the fee owners or long term lease holders of the
adjacent upland' and if the facilities are rented, leased or used in any r,�anner
for applicant's financial gain, permit will be automatically forfeited.
H. This permit is not subject to transfer, assignment, alienation, pledging or
hypothecation; any change in ownership requires a new permit.
COUN r), OF (DWANGE
FiNIVIRONMENTAL iMANAGEMENT AGENCY
83-01843(HE)
PROPERTY �EKIIITS DIVISLO17
Permit Na
SPECIAL PROVISIONS Tage 2 of 2
All facilities covered by.this permit shall bt maintained in good repair and
failure to comply will be cause for cancellaeion of this permit.
J. Any improvement is limited to a sinale. pier -and float or slip bayward of each
parcel or lot.
K. County has adopted a policy for the renting of tideiands.,Io the adjacent
property owners. The,area covered by this permit -will be subject to the fee so
established by4FResolution 75-1096.
V
L. Constru'ction of any other improvements on the County cideiands,'incUidtn5c,
bul'Kheads, walks, deck's and retaining walls, is prohibited'�\',
4
Z
�9,
k114 <
December 23, 1982
File Xef.i SD 82-12-10
TrauLwein Brothers
2410 NewporL Boulevard
Newport B"eh, Calitornia. 92663-3798
Attention.- Stuuuei F. Kaiss
aear Mr. Kn-issz
Subject; Dock for Robert Pllilhous
le, rt k�each, - Ca I if orn ia.
The staff of the State Lands Comigsion has received your letter
dated December 7, 1982 and copies of Lhe permit drawing relative to
the proposed construction of your clienLs dock in Newport Bay.
This is to advise Lhat the -Lide and subamerged lands over which
the proposed project will extend are sovereign lands uf Lhe S��ate
of Caiifornia that the Legislature granted in trust to the Couvty
of. Orange. Therefore, you need noL apply to the Stace Lands Com-missioll
for project authorization. You should, however, apply -Lo the CouniLy
of Orange for any necessary permits or approvais. You should also
apply Lo all other agencies having approval auchoriLy.
This action does not canstitute, nor shall it be construed as,
a waiver of any right, title, or interest by Lhe SLaLe Of Gal-ifornia
in any 'Lands under its Jurisdiction.
Very truly yours,
ORIGINAL SIGNED BY
JUDY LUDLOW
Granted Lands Representative
(916) 445-7134
JLi rw
CC. California Coastal Comaission
South Coast District
666 Jhast Ocean Boulevard, Room 3107
Long Beach, California 90801
obert L. Wynn, City 14anager
klIcity of Newport Beach
City Hali
3300 Newport Boulevard'
Neu -port Beach, California 92660
bcc: G 90-02
_A�
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT. CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES. CALIFORNIA 90053
iN REPLY RUM
SPT.CO-R 15 December 1982 -
Subject: Build New Dock For Robert Milhous
Dear Mr. Kniss:
Thank you -for your letter of 7 December 1982 notifying us of your
intent to construct a new dock at
43 Linda Isle. Lot 43, ract 4003.
Your drawings have been reviewed and generally conform to the provisions of
General Permit GP004 for privately owned boat docks
in Newport Ba�
Providing you have complied with State and local -laws you may proceed with the
work.
Your proposed work has been assigned General Permit No. GPO04-145
If you have any further questions, please feel free to call our Regulatory
Branch at (213) 688-5606 and refer to this number. A copy of the General
Permit is inclosed.
I Inc 1
As stated
Sincerely,
J. P. FAST
Chief, Construction -
Operations Division
STATUS SHEET
HARBOR PERMITS
LOCATION New
PERMIT NO. Revision V/
APPLICANT NAME Dredging
CONTRACTOR
Date Rec'v fee Amt. Ifte Fee Processed
Date Reviewed by Marine Dept. —or -
Approved Denied
Corection Required - Description
City Council: Approved Denied
Remarks
DATE MATERIAL SENT/APPROVED
1. Application
2. Consent Ltr.
3. "Waste" Ltr.
4. Drawings
5. Staff Report
6.
7.
8.
C.O.E. SCRZCC SARWQCB
I -1,t- A 5
J.H.C. OR. CTY. T.I.C.
REMARKS
0,111011804'Ke- Xjeovow �o 5
we'.0; 00 a ej 4
45; e
0 /,
DATE FINAL INSPECTION
To: Robert Milhous
43 Linda Isle
Newport Beach, Ca. 92663
Re: New Dock
Dear Mr. Milhous:
2410 Newport Boulevard.,
Newport Beach, California 92663 -3798r -
Telephone (714) 67-3-11960�
Contractors License No. 322996A
October 22, 1982
I For your convenience and to expedite the processing
of the permits, etc. that are necessary to the above
project, I can sign for you as your agent on all such
documents. If this is your desire, please endorse below.
Please retain one copy for your files.
Sincerely,
TRAUTWEIN BROTHERS
WATERFRO CONSTRUCTION
��e 7
Samuel -F. Kniss
.December 23, 1980
First American Escrow
114 E. Fifth Street
Santa Ana, CA 92701
CALIFORNIA
City Hall
3300 w. Newport Blvd.
Area Code 714
640-2156
Dear Sir:
The City of Newport Beach has received an application'to transfer
pier permit # 133-43 for the property located at #43 Linda Isle,
Newport Beach, CA 92660
The structure was inspected on 12/18/80 at which time it was
determined that the structure conforms to the City standards.
Upon receipt of the $175.00 transfer fee and the completed forms,
this pier permit will be transferred as requested.
Sincerely,
Tony Heluz
Tidelands Administrator
MARINE DEPARTMENT
TM: ak
STATUS SHEET
HARBOR PERMITS
TRANSFER
LOCATION— I Y, ck� PERMIT # 33-
00'sel I e r C�Z_Ir_ \C�,. f -V e-�A f:7t -,-Lt) Buyer
Date Application Rec'v: Date Fee Rec'v:
Oral Request for -Inspection
Escrow Co. T q-A�
Escrow Officer 01>L,:2-
5 1-4?
Date Inspection Made
Date /.--2 --�? - -2,0
Escrow # /50 q�,-70
Date. Deficiency Letter Sent (if applicable)
Date Deficiency Corrected (if applicable)
Date Orange County Notified (if applicable)
Date Transfer Completed
1. Location:
2. Plumbing: OK,<'
3., Electrical: Of< -
4. Structural:
REMARKS:
Inspector's Initials-
r
�55,g,5g2 ) I
C_ 4Lr. 0
CIV= 4:7.AV4T%L-i§vr.
5,4r
v
ol
LIU
Al
�—kcz r'_t�"f
4C el' A.
TRANSFERRED
FROM S,,�amcl
,07 43.
TOi
PaN
.April 9, 1979
-Safeco Title
825 N. Broadway
Santa Ana, CA 92701
CITY OF NEWPORT BEACH
Marine Department
640-2156
Attn: Roni Smiles RE: Escrow 6-8198
Dear Sir:
The City of Newpor Bea received an application to
t 9�_P�s
transfer pier permit /#F-11 33-43) for the property located
,at 43 Linda Isle, Newpo4-2�-
The structure was inspected on April 9, 1979
at which time it was determined that the structure conforms
to the City standards.
Upon receipt of the $155.00 transfer fee and the completed
forms, this pier permit will be transferred as requested.
Sincerely,
1��, �
Ray
Tidelands Aide
GEW: nn
City Hall'* 3300 Newport Boulevard, Newport Beacb, California 92663
AA461,4
3
11 A n
C,7 to
3 3
4"T I L-- i;'v 5
43
,z IV
c 4:4
t-� 7,
L
E-=
C, ... A.
j4
MARINERS ESCROW
(714) 673-3322
MARINERS SAVINGS
AND LOAN ASSOCIATION
1024 Bayside Dr. - Newport Beach, CA 92660
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CaLifornia
Atn: Marine Division
Date 8-17-77
Escrow No. 52239
Your No. Lot 43 of Tract 4003
aka-: -43 Linda Isle, Newport Beach
We are enclosing the following in connection with our above numbered escrow:
) ORIGINAL Policy of Title Insurance No.
) COPY Dated issued by
) ORIGINAL Fire Insurance Policy No. For $
) COPY Expiring Issued by
(Y,xx) Per your rqquest, please find enclosed herewith a copy of the letter
from Deane Development Co. to Mr. Stein dated June 30, 1977. If you
will note item 15 of same regarding the agreement for the completion
.of the pier slip. If we can be of any further assistance, please do not
heititate to contact us!
M -101 -ESD
ery truly yours,
WHEN DET ED AND PAID THE ABOVE C14ECK BECOMES A RECEIPT
PLEASE DETACH BEFORE DEPOSITING FULL PAYMENT OF THE ACCOUNT BELOW,
DATE 0 E S C R I P T 1 0 N G. L. ACCT. AMOUNT
7-29-77 202-52239 983(�-52239-17 $150.00
Pier and Slip Transfer
R OF
MARINERS SAVINGS 174242
AND LOAN ASSOCIATION
WESTCLIFF AT DOVER - NEWPORT BEACH, CALIFORNIA
k -
L �A) 1 -11 PC Illy
11.),'"RY f� Dcl:,Nc. P—,., -,—z
SOO NEV,PORT CENTER (:,RA'C f, tj �j_ NEWPORT 8Eac. CAL-FORNIA 92 -SCO - 714./61;4-6433
Julie 30, 1977
4r. David Stein
1101 Dove Street, Suite 100
Newport Beach, CA 92660
Dear Dave:
In accordance -t,�U-h our Escrow No. 202-52239 at Mariners
Savings and Loan, Mariners Escrow, wherein it states
that Buyer and are to agree upon approved plans
and specifications, which were . agreed upon and made a
part of said escro��'$on May 2nd, I would like to notify�'�
yjqu,�-qf, the' -status ol_ �,,aid 'standard plans and spe6if icA-
the 'ork'that Deane is to have
w
done.
Item 1
Iron handrail completed.
Item 2
Painting - completed except for final touch up which
would suggest should be done af�,*r-the Fields have
completed all of their extra work. However, to comply
wit,j� these standard plans and specifications and in
accordance with the escrow instructions, we arg,",willing
and able to do final paint touch up immediate.-ty.
Item 3
Lath and plaster completed.
Item 4
Finish.hardware completed.
Item
5�
Finish carpentry completed. Any additional work
that Frankie,Esposito is doing in the house is by
direct contract between the Fiel.ds and Mr. Esposito.
N.,
Mr. David St-.ein
-2-
June 30, 1977
Item 6
Mirrors - completed.
Item 7
Formica completed.
Item 8
Lighting fixtures - completed, except that the install::I,...
tion of the living room major fixture has been delivered
but not installed.
Item 9
Carpeting - we presently have possession of the carpet
which is locatod at Leonard's Carpet, who are the
installers, and �-!,,e carpet can be installed as soon as
we are instructed ':o do so by the Fields. To date,
carpet installation �ias been held because Mrs. Judy
Field requested that the carpet not be installed until;,.
all of the painting the panelling and flooring had
been completed.
Item 10
Vinyl flooring
Item
Ceramic tile - completed.
Item 12
Ma�vble t,ops - completed.
Item 13
Kitchen cabinets - completed.
Item 14
Appliances completed..
...�..,Has not been completed pending finalizing an oral agree.-
�,,,,ment between Mr. Ted Field and Mr. Larry Deane -wherein
a new dock will be designed and constructed at a cost
of roughly $9,000. and said tost to be split 50-50 be-
t
-Mr. Ted Field and ourselves.
Item 16 -
Cash to be credited through eS(--.rk)W in the amount of
$20POOO.
Mr. David Stein
-3- June 30, 1977
I am requesting a final walk-thru of the house to insure
that all of the items that Deane was to have done in
accordance with the escrow instructions have infact been
accomplished. If there is any discrepancy between -what
has been accomplished and what the escrow instructions
state that Deane is to accomplish, a list of those iterris
will be made during that walk-thru and upon completion
of -that deficiency list the escrow to this house sha-1.1
be closed.
I would like to make note in the escrow instructions
Item 1 wherein it states that escrow is to close by
July 31st or 10 days after file of notice of completion,
whichever first occurs, that it is impossible at this
stage for us to receive notice of completion until the
front'aoors, haye 1-,,een:installed and'completed. Inas-
to
much 'als wo,have rio ;Pontrol over when these doors are
be installed because the Fields contracted directly to�
have them installed, this item as to filing of notice.
of completion canno 'Oe complied �Jith when the house
would normally be re.A�r.
All other items in t'K,-� 'K.i.ise at 43 Linda Isle have been
complied with in orde. .o file a notice of completion..!
I -would like to schedule this walk-thru for Tu ' e s day,
July 5th in accordance with our previous conversation
to inspect the house and go over the items that Deane
i�;,,�to have done in accordance with the escrow instruc-
tions.
If"there are additional changes that the Fields.would
like done to the house, we will work with therm',to the
'0;
best of our ability to.see that they are accomplished..
Very truly yours,
led/pm
cc:. Tom Baldikoski
Ted Field
Jon Jarvis
Marihers Escrow
STATUS SHEET
HARBOR PERMITS
TRANSFER
Location,*,z-"-!!5 2,"
Date Application Received -2 -62
Oral Request for Inspection
Escrow Co.
Date Inspection Ma��e
/–�J— ��
Permit #
Fee Rec1d
Dat e
Date Deficiency Letter Sent (if applicable)
Date Deficiency Corrected (if applicable)
Date Orange County Notified (if applicable)
Date Transfer Completed
MARINERS ESCROW
A! (714) 673-3322
MARINERS SAVINGS
AND LOAN ASSOCIATION
1024 Bayside Dr. - Newport Beach, CA 92660
City of Newport Beach
3300 Newport Blvd.
Newport Beach, California
ATTN: Marine Division
Date 8-5-77
Escrow No- 202-52239
Your No.
We are enclosing the following in connection with our above numbered escrow:
) ORIGINAL Policy of Title Insurance No.
) COPY Dated issued by
)
ORIGINAL
Fire Insurance Policy No. For
)
COPY
Expiring . Issued by
;KX)
M -101 -ESD
Pier and Slip Transfer with Fees.
y
July 7,1977
44-3
_3 -3
CITY OF NEWPORT BEACH
Mr. L. E. Deane
500 Newport Center Drive, Suite 815
Newport Beach, California 92660
Dear Mr. Deane:
Enclosed is a copy of the City of Newport Beach Harbor Permit Policies
per your request of June 28, 1977, plus a copy of the Newport Beach
Municipal Code, Section 17.24.030 Transfer of Permit.
These Policies do not state who is responsible for correcting deficiencies
to a harbor structure at the time a Permit for the structure is being
transferred from a seller of a piece of property to a buyer. This deter-
mination is normally made by the parties involved.
Also enclosed is a copy of an application to transfer a harbor permit
signed by those individuals involved in #43 Linda Isle. Upon receipt
of this application, completed in the appropriate places, accompanied
by the necessary transfer fee; an inspection of the structure made; and
notification to a responsible party regarding deficiencies, if any, the
Permit may be transferred.
Should any deficiencies not be completed in compliance with the Policie s
the City Council may require those parties involved to show cause as to
why the Harbor Permit should not be revoked and the structure removed in
accordance with Section 4 G of the Policies.
Sincerely.
rQ� �,Wel�deVn_e�
Tidelands Administrator
GEW: nn 3 / . 4�cv)"4'JA) 'Fick- oq)(�7_7-
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City Hall * 3300 Newport Boulevard, Newport Beach, California 92663
Deane DeVeLOpmenT company
6"t
LARRY E. DEANE. President
500 NEWPORT CENTER DRIVE. SUITE 815, NEWPORT BEACH. CALIFORNIA 92660 - 714/644-6433
June 28, 1977
Mr. Glen E. Welden
Tideland Administrator
Marine Department
City of Newport Beach
3300 West Newport Boulevard
Newport Beach, CA 92660
Dear Mr. Welden:
On June 28th, we received your letter dated June 21,
1977 in regard to the transfer of pier permit #133-43
for the property located at 43 Linda Isle. You state
that the structure was inspected on February 25th and
again on June 20th and have listed five items which
you consider deficiencies.
Being unfamiliar with your Section 10-D of the City
Harbor Permit Policies (which City Harbor Permit
Policies we would request a copy of), I am unaware
of who -is r esponsible for completing the list of de-
ficiencies you have listed and I am also unaware of
the exact legal interpretation of a "structural de-
ficiency."
We purchased this home and pier from another party.
Am I to understand that you are requesting the party
we purchased this house from to. correct these items
before this permit can be transferred to us? If that
is not the case, may I ask who you are requesting to
have this work done by.
I am unaware at present as to what an application to
transfer pier permit actually is. Does that mean that
Mr. Glen E. Welden -2- June 28, 1977
the pier permit has not been transferred from party A
to party B until the City has received an application
for said transfer and has inspected the property and
given party A a list of deficiencies that must be
corrected prior to transfer?
Your help and explanation to these questions will be
greatly appreciated.
Very truly yours,
led/pm
0,
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W, Newport Blvd.
Area Code 714
640-2156
June 21, 1977
Ben C. Dean
500 Newport Center Dr., Suite 815
Newport Beach, CA 92660
Dear Sir:
The City of Newport Beach has received an application to transfer
pier permit # 133-43 for the property located at 43 Linda Isle.
The structure was inspected on 2/25 & 6/2Qt which time it was
determined that the following deficiencies exist;
I. Rub rail not properly attached to float.
2. Metal straps across float and attached to rub rails are unsafe and not
according to standards.
3. Electrical conduit broken and hanging in water.
4. Electrical outlet boxes broken
5. Concrete deck chipped and in need of repair.
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 Depart-
111ent.
Would you please advise this department when this requirement has
been met. if you have any questions, please contact me at 640-2156.
Thank you for your cooperation.
Sincerely,
Glen E. Welden
Tideland Administrator
Marine Department
TRAffS--MITTAL Tk5ViCE 'OEPARTMSNT
Popeil to Deane Escrow
Escrow 11423 FebriiaryDAT14, 1977
DESCRIPTION
Re: re Linda Isle
We enclose escrow check for $150-00 together with card for pier.transfer.
Please send your approval directly to..buyer herein.
Title 1,nsurance and Trust
25200 La Paz Road, Suite 104
City of Newport Beach Laguna Hills, California 92653
City Ha-rbor Coordinator
Newport 13eachp California Title Insurance and Trust Company
�Nancy Meyers, Escrow Officer
STATUS SHEET
HARBOR PERMITS
TRANSFER
Location
Date Application Received
Oral Request for Inspection
Escrow Co.
Q- / j � — Ll,�
Permit # / �
Fee Rec'd
Date
D a t e Inspection Made
2-- 2, or�o 0 �, ,, Qw C cj%-, Lo, I Z"9
Date.Deficiency Letter Sent (if a p p h "rat -l -re
r_,�� 1�c 77,
Date Deficiency Corrected (ii applicable).
Date Orange County Notified (if applicable)
Date Transfer Completed
C4 z ZC,
7
3 3
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2Z
C J4
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June 21, 1977
/ -� :3 - 413
CITY OF NEWPORT BEACH
Ben G. Dean
500 Newport Center Dr., Suite 815
Newport Beach, CA 92660
Dear Sir:
CALIFORNIA
The City of Newport Beach has received an application to transfer
pier permit # 133-43 for the property located at 43 Linda Isle.
The structure was inspected on 2/25 & 6/2Qt which time it was
determined that the following deficiencies exist:
I. Rub rail not properly attached to float.
City Hall
3300 W. Newport Blvd.
Area Code 714
640-2156
2. Metal straps across float and attached to rub rails are unsafe and not
according to standards.
3. Electrical conduit broken and hanging in water.
4. Electrical outlet boxes broken
5. Concrete deck chipped and in need of repair.
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 Depart-
ment.
Would you please advise this department when this requirement has
been met. If you have any questions, please contact me at 640-2156.
Thank you for your cooperation.
Sincerely,
n,
Glen E. Welden
Tideland Administrator
Marine Department
G IL714: 11