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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 NEWPORT BERCH BRY '�'RCI-F-rC 0Q'RA( VICINITY MRP M. MOMMM AT llqx 10 IMP �A Al BW WST � A JEM SOLMINGS FEE EXPRESSED IN FEET M DENOTE ELEVRTIONS ERSED ON MERN LOWER LOW WRTER. 2-4YA ID A� u nM 14, Ic/ 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. tx z u . -:53: Z icy ig:15N : Lw �la LL v —L, ... ....... . .... ................ ; 61 Zi'.2 �l % A 0 0 , z u b v —L, ... ....... . .... ................ ; % A , z u b IF It -,, ......... ............. .. v —L, ... ....... . .... ................ ; )K 'J4 va IF ......... ............. .. )K 'J4 va leet' 1000 earth nL-tersr . ............ . 500 feet' 300 on earth meters' Mon V, wo 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 -e 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 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 V, wo 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 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 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 Iiir, wo 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 e WO 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 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 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 "4jv, WO 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 �F, 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 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 -2 E 6 ' . > 6 > E 0 0 -6 72 > - g c E -E T 5 2 2 �2 X b t 2 0 0 0 .A—q ­SZ:Z TIOZZo,dV ,-' c bn qj 12 5 CL CL co 0 0 r- " - W CL — t- o ':E :E U) 0 wwz 0 [oil LL C -r> Ljj L -Li d= C) cl- C Li -i -9: J-.� = f-slo LJLJ C*11 :a: C), am cle L-A 9 a) 0 0-0 C .2 a, 2 u ,u CL 0 u -0 "I 0 CL 0 r- 0 CL C-4 a) to -0 Q) a) _0 CL a) m CL 2 a_ fu co a) z LU Q) < G LU 73 cn C: m m aj 0 CD U U U 0 V, 0 > 0 u r4 -60 tw LU ro cj Z < U wo (MIIA) JODJ Ul U01jeAD13 fn R ID 0= > Z—Stj O.P*Roo-d�-10519060\10-ST9060\�l,I �p.!I-ST9060\,�pj ­j.,d ov).,n,\:l —4-e,dw wdgS;V IIOZ 'SZ AeN a) 0 0-0 C .2 a, 2 u ,u CL 0 u -0 "I 0 CL 0 TRACT '1113 ShtA of -10- z D'o Z w 10 ol z w z 0 Ld J cc --A7 7'R.j;cT 4a.3 5;atf-�y 114 1 "?l x z IL -Z og Ul " Nov" L n NMI ie N$l @ G '- N'Va I ---27L ------ nrlf ---- Tl-- 9 —_q- I i 1 gg .......... NMI ie N$l @ G '- N'Va I ---27L ------ nrlf ---- Tl-- 9 —_q- I i TRACT 4- S", UTTV z 0.. US S k 41 "I I � Ln R� 7 t' PF=' Jl* W�j —C J - - - - - - - - - - ---L J-- - - - - - z 0.. US S k 41 ui UJ "I I � Ln R� Jl* W�j Ld �-i u z 4T ui UJ "I I � Ln -- - W�j Ld �-i u z 4T 128 �6- 2 al� 8v alli u j' .'j UB; uj u k w a - w w a, u z 0 u z ou F, ,A�jk wo -j D ji; z 5� z "I I � -- - 128 �6- al� 8v alli u j' .'j UB; uj u k w a - w w a, u z 0 u z ou F, ,A�jk wo -j D ji; z 5� z 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 Cire aw:.N",o"r 604cw. Jv dr AIP 0 jo IV df I 0 'o Ao rl 1-6 VI C"I N I TY Sk E TC H w"r -Isrrr X4* o"PoAs AeloW Majr1WVt1,VV /V e+16� are 'C'sioVe'shwal Me W/'O.- 5 or. o �PA wk' /0-4, 33-9 YY M Ir N 4 Nfo. 4 - jog C e- *Alleie 7-,CAC7-�j-eoi- tv D CAA,7WACrOAV IIJOA 7 Lu -WR RESOURCES DIV. 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. CITY STATE,� ZIP /,-v PHONE NO. � 31- -3/ �!_ � F] 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT PHONE NO. 2. DESCRIPTION OF WORK �e-e -6(-e- —USE r --n -5 vy- t I IL14?-W _ &—A 2 Q/4 L ,ae4 &IQ q—Z— OF STORIES �', " VALUATION$ N FW 4DD ALTER DEMO Ej SQ FT )v C1�6n�,S� I I% �.(, (NEW/ADDED/EXTG) Ch6ck Armrooriate Box for ADDlicant ST 3. OWNER'S NAME LA c&07/(e. OWNER'� ?,DDRESS q 6�ndq OWNER'S E-MAIL ADDRESS 1 CITY STATE,� ZIP /,-v PHONE NO. � 31- -3/ �!_ � 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 Mrmoo* ki 47F AwMJ;W v 4r, -'l I 'alb / 32� -0 �o V. %. 'V 14pla, JAVF r 'm 0 At olga oq�] "ORO, A*L 48 0 Ce- VICIMITY SkETCH f4swpowr ISAY, CAL 11FOOLMIA " rry Y jerrr SO&A7&1^475 owpo* 5 'bo/orw Aweo'� L,/opfep-. 'wax"moc."Pr 1197075pop a/' /Awlc Arl'y /0 Ala. -460.- /,;lei cr4re axiable'3hdrd /.�v A41"Is . sccleop ayc'Mewodwl Bor. ./"� "�- C7-� /0 Nn - 13 A 0 N +* op + -z- I 4e--715 �-4 JCO 4- oda&1c-,4"-rs A1,4A" a 7nr -jZoft)-r-uvel,�U SAO$ —Z Z- IAJD 4 /-r& 05 ca" 7wA c ro. a +m. 16J DA -re; El�-71 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 - (*w APR 06,2005 08:48 HAR`iO MOG 17'FQ 9494940321 CHICY)GO TITLC COMOW LHUU Q-40 �,. 00 ,F,wp HARBOR PERMTT % 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 4 97 5 106 pavo 3 rc� ):�q zt 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 C� C.* r)e cw Mropoer drAcH (At 0-02 ilk AW r) P/ . 2- / � �zr 2,41 " .:j-e)t-3 -!�/ 7�67 <1 -11 1 00 )33--o Y2 dR 7' 49 *dI A 0, VICI PJ I TY SKETCH Nsw,vvorr� ISAY,� CAL isr4oftNIA S'O,V,Id",gps c2pr &AR.Pcvscd ,. 4 041PY4 00)of C/4-oople ofdpp oh s be/ow A"Col? lo*v,,. Zow A-faze."tIwr ^ff"pe 0/, A-Ve /0 v -.r&4. Afl6rho.- //;Ies are /;, 5eclov oyr1v&w1ftw-1 SCY,-. C7 104 13 grA cp Tom Wo. R 9 4- C.4AJ'rg AIA&A& L AAO 4 c re Ar : 5-,4,w I -6115Y OA 7-e,- 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- 0 'I'Le-co Lex V 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 A, V4 L.� t;?,,& L - 2Z C J4 --'A. L F= L..m lorl. A)J 1-A <- I�N C, 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