HomeMy WebLinkAbout133-0085BUYER'S'NAME + "
ADDRESS bFACf�ITY
PERMIT #
«�-
j-gRDAN, James C. & Nar on P-4
45-11ada� lili
MAILING ADDRESS
++
RySELEPHONE NO. `
FEE
CHEC NO.
D T,E
APPROVED BY: DATE N
APPLICATION )IS HEREBY MADE TO TRANSFER HARBOR PERMIT
OCHD ❑
BRIGGE tANI George JORDAN, James
ENG ❑
SELLER' NAME(S BUYER'S NAME(S)
i
.:
a' (ABOVE NA ES TO BE PED),
µ
PUeuC,WORKSP❑
SI NATURE EL E y SIGNA E OF BUYER
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II /L.;4 �f
1
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ESCROW ❑
SIGNATURE OF SELLER SIGNATURE"OF BUYER
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9
INSPECTTION I!"J ! ! •"A�
� ,I�aG�N/ATURE OF DINT • WNER ?7
APICI ATIOVEy A
�(DATE)HARBOi7
9,/
I SPECTOR
SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITYCOUNCIL IN ACCORDANCE WITH TITLE
% OR THE MUNICIPAL CODE
0619'1—
P�gSED /V`/ / OD
CITY OF NEWPORT BEACH, CALIF WX FORM 66:
{
613 REV.
Permit # % 3 3-,Y
DREDGING PERMIT STATUS
Comments/Date
Action Completed
Permit Received
/0 3
Eelgrass
Inspection
6� �� � 3
Sent to Agencies
From Corps
j��� 3 d,3
From Coastal
Notified OK to
Dredge
/v�a 3 /� 3
�
Not Approved
Completion Report
Comments:
POST DREDGING
COMPLETION REPORT
:._,ra ;ro 7_'�:,
The permittee shall send one (1) copy of the post -dredging report for each completed individual
dredging project to the Corps and the CCC documenting compliance with all general and
special conditions defined in this permit. The post -dredging report shall be sent within 45 days
after completion of the complete individual dredging project authorized in this permit. The
post -dredging report shall include the following information for the completed individual
dredging project.
Permit Number: 13 3 - 8 5
Start Date: 8 2 3 0 4 Com letion Date: 10 7 0 4
Total dredged material to Beach:
toSea'(LA3): 650 cubic yards
Total acreage impacted: ! $
Mode of dredging and transportation, and method and frequency of disposal:
Hydraulic suction pumped into dump barge.
Barge towed to L.A. 3 and dumped.
Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip to
the LA-3 ocean disposal site.
USCG Contact: (Yes) No
Form of dredged material: Slurry Cohesive
Procedure and location where the disposal barge or scow was washed:
Barge was dumped clean -at L.A. 3.
A certified report from the dredging site inspector and the captain of any tag or other vessel
used to transport and dispose of dredged material at LA-3 indicating all general and special
permit conditions were met. Any violations of the permit shall be explained in detail.
All conditioning permits were met: (Yes) No
Post -project surveys of Eelgrass beds potentially affected by the dredging:
Not necessary as no ee.lgrass was identified in dredging area.
The post -dredging report shall be signed by a duly authorized representative of the pernutiee.
The permitteds representative shall make the following certification:
I certifij under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to ensure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the sijstem, or those directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I
am aware that there are significant penalties for submitting false in Lion, including the
possibility of fine and imprisonment for knowing violations. �.
l' Signature Vice President
Shellmaker Inc.
.,ASK
r�o Stares oe �'�e
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
October 17, 2003
City of Newport Beach Harbor Resources Division
Attention: Mr. Tom Rossmiller
PO Box .1768
Newport Beach, California 92658-8915
Dear Mr. Rossmiller:
This is in reply to your applications, for Department of the Army Permits to conduct
maintenance dredging and ocean disposal, per Regional General Permit No. 54 in Newport
Bay, Newport Beach, Orange County, California. This letter authorizes maintenance dredging
at four sites within Newport Bay (see below).
USACE
Base #
City
Harbor
Permit #
Site Address
Volume
(Cubic
Yards)
Area (est.,
Square
Feet)
Beach
Disposal
Ocean
Disposal
200400074
133-89
89 Linda Isle
500
2400
No
Yes
200400075
C'33-8,
84 & 85 Linda Isle
650
8180
No
Yes
200400076
134-38
38 Linda Isle
260
3500
No
Yes
200400078
124-3336
3336-3348 Via Lido
240
6318
No
Yes
Totals
1650
20398
0 Cy
1650 cy
Based on the information you have provided, the Corps of Engineers has determined that
your proposed activity complies with the terms and conditions of Regional General Permit
(RGP) No. 54.
As long as you comply with the general permit conditions of RGP No. 54, an individual
permit is not required. This letter of verification is valid until July 24, 2005, when RGP No. 54
is scheduled to expire. A general permit does not grant any property rights exclusive
privileges. Additionally, a general permit does not authorize any injury to theproperty or
rights of others or authorize interference with any existing or proposed Federal project.
Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations
required by law.
-2-
Thank you for participating in our regulatory program. If you have any questions, please
contact Ms. Corice Farrar of my staff at (213) 452-3296.
Sincerely,
Mark Durham
Chief, South Coast Section
Regulatory Branch
Enclosure
STATcIFORNIA - THE RESOURCES AGENCY GRAY DAVIS Governor
CALIFORNIA COASTAL COMMISSION
..South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302 October 10, 2003
(562), 590-5071
Mr. Tom Rossmiller
City of Newport Beach/Division of Harbor Resources
829 Harbor Island Drive
Newport Beach, CA 92660
Subject: Condition Compliance — Coastal Development Permit 5-99-282, as amended
& Conformance with Consistency Certification CC-078-99 & CC-077-01
Dear.Mr, Rossmiller:
Commission staff have received information submitted as evidence of compliance with Coastal Development
Permit 5-99-282, as amended, and/or as evidence of conformance with Consistency Certifications CC-078-99 or
CC-077-01 for the following sites in the City of Newport Beach:
City Harbor
Permit #
Site Address
Beach
Disposal
Qty'
cu. ds
Ocean
Disposal
Qtyt (cu.yds)
Cumulative
Total* for
2002
175-748
748 & 756 Via Lido Nord
333
0
124-3336
3336-3348 Via Lido
0
240
151-1201
1201 & 1203 North Bay Front
175
0 .
171-921 & 925
921 & 925 Via Lido Soud
285
0
134-38
38 Linda Isle
0
260
133-8-6
84-85 Linda Isle
0
650
133-89
89 Linda Isle
'0
500
Sub -total
793
1650
Year-to-date total
2160
4507
6667
Commission staff have reviewed the information submitted and determined that the above referenced dredging
events conform with Consistency Certifications CC-078-99 and/or CC-077-01 and that no further federal
consistency review is necessary from the Commission for the dredging components of the projects. In addition,
the proposed beach disposal events have been reviewed and found by the Executive Director to be consistent with
Special Conditions 1-3 and 9-12 of Coastal Development Permit 5-99-282, as amended. No further review is
necessary from the Commission for the beach disposal components of the projects.
Please be advised that only the projects described in the materials submitted for the sites listed above have been
found to conform with Consistency Certification CC-078-99 and CC-077-01 and/or conform with the terms and
conditions of Coastal Development Permit 5-99-282, as amended. Any change in the projects may cause them to
lose their status as consistent with CC-078-99 and CC-077-01 and/or CDP 5-99-282, as amended. This
ceI iification is based on information provided by the recipient of this letter. If, at a later date, this information is
found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time
must cease until a new determination regarding conformance with CC-078-99 and CC-077-01 and/or CDP 5-99-
282.,. as amended, is obtained.
If you have any. questions -please contact me at (562) 590-5071 or Mr. James Raives at (415) 904-5200.
Sin I
Karl Schwing
Supervisor, Regulation & Planning, Orange County Area
Cc: Mr. James Raives, California Coastal Commission
Ms. Cori Farrar, U.S. Army Corps of Engineers
Not to Exceed 500 cubic yards per dredging and beach disposal event
t Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event
$ Not to Exceed 20,000 cubic yards per year
4wpo
FOR
STATE & FEDERAL AGENCY
DREDGING APPLICATION
Permit No. J � 3-?y -
Payment- $206.50 & $216.50
Check No:6246 & 5882 Date. - 3/10/03 & 3/6/03
Project Location: 84 & 85 Linda Isle
Latitude/Longitude: A L I
N 330 36.8471 W 1170 54.258-
ZOM
Cubic Yards to be Dredged:
650
Method of Dredging: HYDRAULIC SUCTION
Nature of Dredged Material (Grain size data): REPORT ENCLOSED
Disposition of Dredged Material: HAUL TO SEA AND DUMP
Method of Material Disposition: BARGE TO SEA AT L.A. 3
LATITUDE 33 31,4211 N LONGITUDE 117 54, 481, W
Effect of Dredging on Contiguous Bulkheading and Beaches: NONE
Project Begins: Project Ends:
WILL SCHEDULE PROJECT WHEN WE RECEIVE PERMIT
Page 2
Dredging Application
Lorenzo C. Miller ,(Applicant/Applicant's agent), hereby certify that I have
read the U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal
Commission permit #5-99-282 for maintenance dredging in Newport Harbor and that I
will comply with all of the conditions of those permits. I will further hold the City
harmless from and indemnify them against any claim for damages arising out of the
exercise of these permits. In addition, I, as the applicant shall- reimburse the City of
Newport Beach for all attorney's fees and other costs expended by them in defending
any claim, lawsuit, or judgment arising out of the activities of the applicant carried on
under the'authority of such permit.
James Jordan Michael Herrigan
Applicant — Please Print
Shellmaker Inc.
Contractor — Please Print
May 27, 2003
Date
Signed:°
Applicant/Agent
crr Y OF. NEWPORT
-J P & ✓v _=M! =:_ ...- _ Rom!
.VICINITY MRP MIT
pop= Nw, asgom ; - .
s N4w� f
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DocK
.iIN 11D
a U. MLLt„
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PV10F] LE f.
SCC tnz fFE-D�x :. IN FAT AND EMOTE
U_EvMCNS i=t ON t UN' LCKR LCH M I E K.
'jEtdR}�S9INSPECTION
NO EEL GRASS WIT IN 15OF I
GA. EEL GRASS IN THE ROJECT A
�M'Ile
I"— SIGNATU E
C
84 PERMIT # DATin
T. IIIQQ� Cott, I
t
G-):ego
Date:
Inspection Requested By:
Inspector:
Pier Address:
Pier Transfer
INSPECTION FORM
Harbor Resources Department
5 1Lgla)
0 tn., "
Don Duffy
Reinspection
GFI Present Yes Need None Needed Yes Need
Anti -Siphon / Backflow Present
Other Comments
Eeigrass
Yes No ..
Present '
Pump Out
Pier Location
-- Yes No
Operational
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments / Observations
Other Request
DAVID H. LEE & ASSOCIATES, INC.
GEOTECHNICAL ENGINEERING ❖ ENGINEERING GEOLOGY
Ms. Lisa Miller
SHELL MAKER, INC.
2035-F Placentia Avenue
Costa Mesa, CA 92627
May 8, 2003
Our Project K03.022.00
SUBJECT: Phi Grain Size 'Vest Result for the Soil Sample Obtained from
the. Hennigan & Jordan Properties at 84 & 85 Linda Isle Drive,
Newport Beach, California 92660.
Dear Ms. Miller:
Presented herewith is the result of our phi grain size analysis performed on the
soil sample provided to us by your arm. The test procedure was in accordance
with ASTM D422=63 (1998) and U.S. Army Corps of Engineers Report Number
CETA 79-7 criteria.
Please do not hesitate to call if you have any questions after you have reviewed
the attached data.
Respectfully submitted,
Karen Masterson
Project Engineer
Attachments: Plate 1 -- C
Plate 2 -- Cumulative Grain Size Distribution PHI Units
[IDMas v%swverdafa{PRwEGTs1K03.omoo1K0w2wQ PHI GSLsd--d-
Sieve Opening
Particle Diameter
U.S. Standard
% Maternal
Cumulative
(mm)
in Phi Units
Sieve Size
Retained by
Percent Retained
- - - - - - - - - - - - - - - - - -
- - - - - - - - - - -
- - - - - - - - - -
- - Weight------------
38.1
-5.25
11 /2"
0.0
0.0
19
-4.25
3/4"
1.7
1.7
Gravel 9.5
-3.25
3/8"
1.7
3.4
4.75
-2.25
4
0.7
4.1
2.83
-1.50
7
0.9
5.0
2
-----------------------------------------------------------
-1.00
10
0.5
5.5
1.41
-0.50
14
0.4
5.9
1
0.00
18
0.4
6.2
0.71
0.50
25
0.3
6.5
0.5
1.00
35
0.4
6.9
0.35
1.50
45
1.0
7.9
Sand
0.25
2.00
60
2.5
10.4
0.177
2.50
80
4.1
14.5
0.125
3.00
120
3.7
18.1
0.088
3.50
170
2.4
20.6
0.075
3.75
200
1.3
21.9
0.063
----------------------------------------------------------
4.00
230
1.6
23.4
Silt-Clay <0.063
<4.00
<230
76.6
100
A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by
Shellmaker. The sample consists of a SILTY CLAY to CLAYEY SILT (CL-MUML): olive
gray (5Y 4/2); saturated; with seashells and seashell fragments. The sample was
obtained from the Hennigan & Jordan Properties, 84 & 85 Linda Isle Drive, Linda Isle,
Newport Beach, California at a depth of -1.0 feet to -3.5 feet MLLW.
ii
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Site Name:
(common reference)
Survey Contact:���
(name, phone, e-mail)
Permit Reference:
+S-6- \t 40, � s1
(ACOE Permit No.,
RWQCB Order or Cert. No.)
Hydrographic System:
(bay, estuary, lagoon, or �^� r
harbor)
Specific Location:
(UTM, Lat./Long., datum, I
accuracy level, attach .3 (6 LJ
electronic survey area map if
possible) ' I Z
Was Caulerpa Yes, Caulerpa was found at this site and
Detected:
(if Caulerpa ik found, please has been contacted on date.
immediately contact the
permitting agency project
staff and NMFS or CDFG No, Caulerpa was not found at this site.
personnel identified above)
Description of
Permitted Work:
(describe briefly the work to �, /�
be conducted at the site r�(Jl �^ n
under the permits identified
above) T
Description of Site: Depth range:
(describe the physical and
biological conditions within
the survey area at the time of
the survey and provide �. a
insight into variability, if f
known. Please provide units 5
for all numerical
information).
Substrate
type:
Temperature:
],
i �l
1
Salinity: JI
Dominant
flora:
Dominant
fauna:
Exotic
species
encountered:
`
1 0 A -),-
Other site
description
notes:
Description of Survey
Survey date
Effort:;
and time
(please describe the surveys
conducted including type of
survey (SCUBA, remote
video, etc.) and survey
methods employed, date of
work, and survey density
(estimated percentage of the
bottom actually viewed).
Describe any limitations
encountered during the
survey efforts.
period. -
4- Z �3
Horizontal
visibility in
C- V-%
P
A -a
water:
Survey type
and methods:
C V\ �"
0
Survey
personnel:
Survey
density:
so
y
Survey
limitations:
1( �a,a Ck-aJc5
Other Information:
(use this space to provide
any additional information or
references to attached
materials such as maps,
reports, etc.)
Caulerpa Survey Reporting Form (version 1.0, 9/18/01)
CauleMa Eradication in Southern
California
a Southwest Region Home Page
BUYER'S NAME
JORDANj James C. &Marion
MAILING ADDRESS
APPROVED BY:
DATE
OCHD
ENG
COUNCIL
PUBLIC WORKS
ED
DEPT.
ESCROW
INSPECTTION
ADDRESS OF FACILITY;
✓
5 Iinda Isle
TELEPHONE NO.
PERMIT #
1
FEE
APPLICATION IS HEREBY
.5
CHECK NO.
�� DA E
//
Q 0
MADE TO TRANSFER HARBOR PERMIT
3RIGGEI
ELLER' ' Geor e
NAMES
JORDAN Jame s
(ABOVE A ES TOJPD)
BUYER'S NAMES)
SI NATURE EL `
C
SIGN RE OCF BUYER,
�'/�"
SIGNATURE OF SELLER
l
SIGNATUR��
F BUYER
AP I ATIO TURF OF DINT NER
I
OVE
SPECIAL CONDITIONS: (Dare)
OR T THIS PERMIT IS ITY HARB I SPECTOR
HE MUNICIPAL CODE REVOCAS
LE BY THE CITY COUNCIL IN
ACCORDANCE WITH TITLE
CITY OF NEWPORT BEACH; CALIF.
WX FORM 66-1013 REv.
r✓��W�Y%,O�
. �tr) reAcT
AIA
y, �
STATE OF CALIFORNIA—THE RESOURCES AGENCY GRAY DAVIS, Governor
CALIFORNIA COASTAL COMNUSSION
SOUTH COAST AREA ' January 15, 1999 °� ^
PO Box 1450
200 Ooeangate, 10th Floor
LONG BEACH, CA 90802-4416 ! O
(562) 590-5071
IMPORTANT PUBLIC HEARING NOTICE
COASTAL PERMIT APPLICATION
PERMIT NUMBER: 5-98-295
APPLICANT(S): George Briggeman
PROJECT DESCRIPTION:
Remove an existing dock and pier. Construct a new 3 foot wide by 22 foot long, 79 foot long by 332
foot wide " L" shaped dock with a 14 foot long by 10 foot wide concrete deck.
PROJECT LOCATION:
85 Linda Island, Newport Beach (Orange County)
HEARING DATE AND LOCATION:
DATE: Wednesday, February 3, 1999
TIME: Meeting begins at 9:00 AM ITEM NO: Wed 20i
PLACE: Hotel Del Coronado
1500 Orange Ave, Coronado, CA 92118
(619) 435-6611
HEARING PROCEDURES:
This item has been schedued for a public hearing and vote. People wishing to testify on this matter
may appear at the hearing or may present their concerns by letter to the Commission on or before
the hearing date. Copies of all correspondence will be provided to the Commission if received a
minimum of three working days prior to the public hearing. Written comments may be of any length
oral testimony may be limited to 5 minutes or less for each speaker, depending on the number wishing to
be heard.
The above item may be moved to the Consent Calendar for this Area by the Executive Director when,
prior to Commission consideration of the Consent Calendar, staff and the applicant are in agreement on
the staff recommendation. If this item is moved to the Consent Calendar, the Commission will either
approve it with the recommended conditions in the staff report or remove the item from the Consent
Calendar by a vote of three or more Commissioners If the item is removed, the public hearing described
above will still be held at the point in the meeting originally indicated on the agenda.
No one can predict how quickly the Commission will complete agenda items or how many will be
postponed to a later date. The Commission begins each session at the time listed and considers
,each item in order, except in extraordinary circumstances. Staff at the appropriate Commission
office can give you more information prior to the hearing date.
Questions regarding the report or the hearing should be directed to Robin Maloney-Rames, Coastal
Program Analyst, at the South Coast Area office.
410k CALIFORNIA COASTAL COMMISSION
TAN-2S-1899 THU 12:28 ID:CA COASTAL
TEL : 562 590 5084 P : 02
GRAY DAVIS. GOVOrnor
STATE OF CALIFORNIA - THE RESOURC:t� ACJPrv%.T
CALIFORNIA COASTAL COMMISSION
South ,Coast Area Office
200 Oceangete, Suite 1000
Long Beach, CA 90602-4302
(5e2) 590-6071
5ela r sa s ADDEN
January 26, 1999
TO: Coastal Commissioners and I
FROM: South Coast District Staff
SUBJECT: ADDENDUM TO ITEM 20b, APP
COMMISSION MEETING OF FE
Please note the following additions to the staff
replaced entirely, strikethrough indicates delet,
text.
A. Please delete the existing "Issues of
it with the following:
1. ISSUES OF CONTROVERSY:
At the January 1999 hearing, an issue was re
are allowable in association with private recrw
30233 of the Coastal Act. The issue arose in,
foot deck structure with four pilings seaward o
5-98-295 (Briggeman). Because the permit a
a 10 foot wide by 14 foot long platform suppor
raised as to whether this type of structure Is al
The Issue of concern to the staff and Commisi
under the Coastal Act and which would suppo
structures are an allowable use under Section
foot by 14 foot platform/deck structures an into
or do they constitute accessory "deck" structui
Staff investigated this Issue and will supplems
Staffs current recommendation to the Commi:
to submit revised plans as per new special co.
condition Is flexible and allows the applicant a
30233 of the Coastal Act.
This issue is discussed in greater detail In the
In addition, staff has contacted the applicant's
�►Wed 20b
Parties
ICAT1,0N #5-99-229 (Close)
RUA Y 2, 1999.
port. Where sections are not being
text and underline indicates added
section on page 1 and replace
5ed concerning what types of structures
:ional boating facilities under Section
onjunction with a proposed 10 foot x 14
an existing bulkhead in Newport Harbor,
plication 5-98-229 (Close) also involves
3d by four (4) pilings, questions were
)viable under 30233 of the Coastal Act.
)n is whether pilings which constitute fill
the 10 foot by 14 foot platform/deck
0233 of the Coastal Act. Are these 10
ral part of the residential boating facility
s for the adjacent residential uses?
its findings at the February hearing.
Ion is that the applicant be conditioned
Iltion number 5, below. The special
Inge of options consistent with Section
ngs in section C of this addendum,,
nt and the City 0f Newport Beach to
2
Addendum Item 20b
5-98-22
get their comments. Any correspondence recei ed concerning this project will be
provided at the hearing.
B. Add the following as Special Condition # .
5. Submittal of Revised Plane
Prior to the issuance of a coastal development
review and written approval of the Executive Di
shall choose one of three alternatives regardint
a. Retain Existing Development
The revised plans shall show the
The applicant can conduct repair
but shall not relocate and rebuild
b. Revised Platform Confi uration
armit, the applicant shall provide for the
actor, revised plans, The applicant
the 10 foot by 14 foot platform:
r and platform as it currently exists,
f maintenance on the pier platform
platform as proposed.
The revised plans shall show that the 10 foot by 14 foot platform has
been removed and the width reviE ad to be consistent with the width
of the 4 foot wide pier walkway.
C. Revised Piling Supports
The revised plans shall show a re
platform would not require pilings
does not exceed the number of p
4 foot wide pier walkway and floe
The proposed development shell be construct
approved by the Executive Director. Any devi
to the Executive Director for a determination s
Any substantial deviations shall require an arr
development permit.
C. Additional Findings.
The last paragraph In Section "D" on page 13
and replaced with the following findings:
Subseotion (a)(4) of Section 30233 of th
expanded boating facilities are an allowo
proposed development consists of the e
supported by 1 new pilings, rebuilding a
and cantilevering -a deck 9 fleet seaward
ocated platform only if the relocated
ind the total number of project pilings
ings necessary to support the approved
i in compliance with the final plans
,Torts from said plans shall be submitted
to whether the changes are substantial.
ndment to this permit or a new coastal
the staff report needs to be deleted
t Coastal Act states that new or
ble use In open coastal waters. The
;tension of an existing duck by 15 feet
d relocating a pier and pier platform,
:)f th'e existing' bulkhead.
JAN-28-1SSS THU 12:23 IM CA COASTAL TEL:562 590 6084 P:04
3
Addendum Item
6-98-2e
The proposed 10 foot by 14 foot platform
Bulkhead Line (see Exhibit 8), The existi
deck (see Exhibit 6, site plans for the der
residence) at the seaward extent of whirl
bulkhead.
Existing private, residential boating facili
Newport Harbor often consist of a pile-sL
platform, a gangway and a rectangular o
fixed, pile -supported structures which ex
areas connecting to a gangway leading f
depends on the size of the boat, the am(
depth of the water. In Newport Harbor, t
because they cannot extend seaward of
The piers and gangways are typically
vary in size and configuration dependir
of boat being docked, Staff consulted
and Marine Department, which has gu
The City also has aerial photographs o
related 10 fort by 14 foot platforms d
Newport Harbor. This fact was suppo
coastal development permits for boatir
Harbor. Based upon a site visit to Newl
aerials of the harbor, conversations with
of the City of Newport Beach, and reviai
development permits, staff confirmed thi
platforms. Staff observed that while ma
small boats,' kayaks, boating equipment
chairs and tables or,benches, flowers, e
of the 10 foot x 14 foot platforms were s
platforms and piers were supported by e
in the case of this permit applicant, exl
x 14 foot pier platform, gangway and d
provided at an adjacent street and, hoi
restricted by the existence of,the reside
proposing to extend the dock by 18 fe4
foot platform. In order to rebuild the pi
applicant Is proposing to remove the p
pilings landward and reconstruct the pl
Because the existing pier platform stru
landward, the proposed 10 foot x 14 fi
development.
20b
extends out to but not beyond the U.S.
g development Includes a wooden
olition and construction of a new
Is located a pipe and railroad tie
t structures in this beach -front area of
sported pier with a 10 foot x 14 foot
"U" shaped float or dock, Piers are
rnd from beach and land areas to water
a float or dock, The length of a pier
ant of draft the boat needs, and the
e length of boating facilities is limited
ie adjudicated U.S. Pierhead Line.
to 4 feet wide. The docks or floats
d in large part upon the type and size
with the City of Newport Beach Fire
Islines for boating facility structures.
the harbor which show that pier -
exist in beach -fronting areas of
ted in part by staff research into
a facility development in Newport
art Harbor (Balboa Island), review of
,he Fire and Marine Safety Department
of prior waivers and coastal
approval of several 10 foot x 14 foot
y of the platforms contained lockers,
or were empty, many others had plastic
Staff also observed that while some
pported by pilings at each corner, other
single row of "T" shaped pilings.
;development includes a pier, 10 foot
Public access to the beach Is
or, lateral access along the beach is
�I boat piers, The applicant is
th two pilings and rebuild the 10 x 1.4
rm element and move it landward the
arm, extract the pilings, re-insert the
MI.
re Is being removed and reconstructed
platform is analyzed as new
JAN-ze-1995 THU IZ: Z4 IL: CA COASTAL
4
TEL : SSL SSO 5084 P : LS
Addendum Item JOV20b
5-98-22
Under the Coastal Act, fill is allowable ur
expanded boating facilitles� As such, tht
beach to the float Is an expanded boatin
support the float and the pier walkway al
addition, the proposed cantilevered deO
can also be found consistent with Sectio
However, the additional pilings propose
allowable use under Section 30233 of tl
which exceeds that necessary for a boe
which require additional pilings and are
necessary boating facilities and not allc
Coastal Act.
Therefore, staff is requiring that the appl
(1) allow the existing platform to remali
revised plans showing that the pier is a
revised plans showing a relocated platfc
pilings and the number of total project p
pilings necessary to support the float ar
Only as conditioned does the Commiss
consistent with Section 30233 of the
D. Miscellaneous Corrections
1. To the "PROJECT DESCRIPTIO
subsequent text please revise the folli
The existing isp rand 14 foot
be rebuilt.
2. To the "SUMMARY OF STAFF
2 of Section "Q" of the staff report pl
special conditions:
..,submittal of revised plans, ...I
3. On page 3 the staff report and
text refers to the Executive Director a
Please change "Executive Director" tc
instances, except where condition coi
ier subsection (a)(a) for new or
pier walkway providing access from the
facility and the pilings necessary, to
t allowable under the Coastal Act. In
would not require any pilings or fill and
30233 of the Coastal Act,
for the relocated platform are not an
i Coastal Aot because it is development
ng recreational facility. Structures
tilized as private decks are not
able under Section 30233 of the
rant either redesign the project to:
at its present location, (2) to submit
niform width of 4 feet, or (3) to submit
,m only if the platform would not require
ings does not exceed the number of
I pier walkway.
n find that the proposed development is
'.oastal Act.
" and wherever it appears in the
vine sentence to read:
de and 14 foot long platform pW will
IMMENDATION" and to paragraph
add the following to the list of
n other sections of the staff report the
Issuing waivers and other actions,
"Commission Staff" in those
ipliance isconcerned
iAN-2S-1595 THU 12:25 IM CA COASTAL TEL:562 590 5084
6
Addendum Item VV20b
6-98-2219
4.. The first sentenoe of subsection on page 6 of the staff report needs
to be revised as follows:
The certified LUP did not adopt
residential development 40,F-on I•
6. The last paregraph'on page 7 Is
1+9 Commission's stringline policy for
rbor-fronting lots.....
sad as follows:
Up until 1987permits
for residential boat facilities were handled as administrative, consent or
regular calendar permits with no special conditions. After 1987, the
record shows that residential bo Wng facilities in Newport harbor were
processed by staff as de minim' waivers.
The City harbor policies allow re Bidential boating facilities with a few
restrictions and also allow applii ants to construct bulkheads at the
bulkhead line and back fill behinp them. Neither the California
Department of Fish and Game ..I.
H;\blurbs & addendum\addendum\6-98.229 cloee.�
CITY OF -WPORT BEACH FIRE MARINE L ?ARTMENT
HARBO`K PERMIT APPLICATION (Please print all information)
1
erty Owner) Address
2. Project Address (Street Address)
/33-P5
Harbor Permit Number
3. New Construction Revision ✓ Maintenance Dredging
4. Feeo Check No. Date
5. Brief Description of Proposed Work: �fit/l7� /S2 ,fyl
6. Submit 81/2" x 11" Drawings (3), Include:
1). Location and dimension of proposed structure including piles and location of existing structures.
on adjacent properties.
2). Location of bulkhead, pierhead and project lines..
3). Location of property lines.
4). Location of channel markers within 200 feet.
5). Lot sizes and lot numbers, if available.
6). Existing ground profile beneath proposed structure.
7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W.
8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W.
9). Any special conditions affecting the construction or affecting boating operations.
10).Complete all information required iri information block, bottom of sheet. Note that the OWNER.
of the property is the applicant.
11).Drawing size shall be 8 -1/2" x 1 V.
12).Scale shall be adequate to clearly show the above information.
13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines.
7. Owner -Builder Declaration must be completed (on reverse side of this sheet)
8. Applicant's/Agent's Signature: Date:
Joint Permittee Signature (If applicable): Date:
9. Work can begin once the City has received evidence of the following additional approvals and you have
been notified to proceed. If you begin prior. io the 'notice you will be in violation of the Newport Beach
Municipal Code and subject to penalties
it 10. Your permit will not be final until we .have conducted an on site inspection once construction is
completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection.
OFFICE USE ONLY
_1,�< Approval in Concept
Approval of the City of. Newport Beach Council.
✓ Approval of the Army Corps of Engineers
Approval of the California Coastal Commission.
Approval of the City's'Public Works Department.��?�?�/f
Approval of the City's Building Department.
Approval of County of Orange.
-Electrical and/or plumbing permit (Building Department)
Issued. (Permit is stamped drawing)
Site Inspection. (call 644-3043 for appointment)
Site Re -Inspection
Conditions:
Date
Date
Dated
Date
Date � t
Date
Date
Date
Date Z� Z�
Date 7'
Date
OWNER -BUILDER DECLARATION
I hereby affirm that I am exempt from the contractor's license law for the following reasons:
(Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires
the applicant for such permit to file a signed statement that he is licensed pursuant to the
provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of
Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis
for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit
subjects the applicant to a civil penalty for not more than five hundred dollars ($500).
I, as owner of the property, or my employees with wages as their sole compensation,
will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and
Professions Code: The Contractor's License Law does not. apply to an owner of property who
builds or improves thereon, and who does such work himself or through his own employees,
provided that such improvements are not intended or offered for sale. If, however, the
buikling or improvement is sold within, one year of, completion, the owner -builder will have
the burden of proving that he did not build or improve for the purpose of sale).
I, as owner of the property, am exclusively contracting with licensed contractors to
construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law
does not apply to an owner of property who builds or improves thereon, and who contracts for
such projects who builds or improves thereon, and who contracts for such projects with a
Contractor(s) License pursuant to the Contractor's License Law).
I am exempt under Sec. of Business and Professional Code for this reason:
Owner's Signature:.L ZkMf r"
Contractor:
Address:
License class: State Board No,
License Contractor's Declaration.
Date: _
Telephone:
City License No
I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code, and my license is in full force and
effect.
Contractor's Signature Date:
VO•/• �� moo
f. OF NEWPORT 13Efq
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5 ORNIA COASTAL Comm
SOUTH COAST DISTRICT
• SPECIAL CONDITION EXHIBIT No. 2
F Xel ./V COPVIPLIA�CE DOCUMENT Application Number.
C 1737 C>bP NO. 5 .._._..--5-98-295
•
/ ACAI C CONDITION NO.
P>^ACCEPTED. BY:. Site Plan
JOB k -s €.6 dt Ca6iom'e Coas%"
CITY OF NEWPORT BEACH
HARBOR PERMIT
PERIS HEREBY GRANTED TO CONSTRUCT AND
M=MAIE FACILITY SHOWN ON THE REVERSE HEREOF,
AT THE SITE INDICATED. SUBJECT TO THE PROVISIONS OF
THE .HARBOR PERMIT POUCIES OF NEWP05T BEACH AND
ANY SPECIAL. CONDITIONS LISTED HEREON. THIS PERMIT
IS NOT TRANSFERANX WITHMTHE WRITTEN CONSENT OF
THE•d,tSy HARBOR` COORDINATT3R OR. CITY COUNCIL THE
MOWLGNM UNDER THIS PERMIT ARE PERMISSIVE ONLY
AND THIS PERMIT MAY BE REVOKED BY THE CITY COUNCIL,
IN AdWROANCE WITZHg 17 OF MUNI r L
CITY HA ROR COORDINATOR
1:5 j5 -z5- '19--23-ell
PERMIT NO. DATE
57
..Iowa
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CO F. NEWPORT BED� E 2 319
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5 ORN A COASTAL COIL MISSIU
SOUTH COAST DISTRICT
• SPECIAL CONDITION
... Alf. X�� i.« COMPLIANCE DOCUMENT EXHIBIT No. 2
C- /7377 CDP NO. 5- y�
cA - Application Number.
/ cA—/ C . CONDITION NO. 5-98-295
ex. ; z&- ACCEPTEn BY: Site Plan
(714) 7z-4f
Lam^•^ TPLZfr�C 1[]S. /':!� /! r� L .'7 j,,- /' r iw • o 1
CITY OF S JEVVPO T BEACH
PERMIT
PERMISSION 18 HEREBY GRANTED TO CONSTRUCT AND
MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF
AT, THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF
n4E.,wARBOR pERMITPOLICIES OF NE mqr BEACH AND
ANC PECIAL CONDITIONS LISTED HEREON. THIS PERMIT
J FS NTRANSFERABLE Wm{pUTTHE WRITTEN CONSENT OF
THE CITY HARBOR COORDINATOR OR CRY COUNCIL THE
RIGHTS .GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY
A#VD'FIIS PERMIT MAY 8E REKED BY THE CRY COUNCIL
IN
�►OCORDANCE WITH NRIPINp� .
CITY BOOR COORDINATOR
PERMIT NO. DATE
STATE OF CALIFORNIA - THE RESOURC, ,GENCY GRAY DAVIS, Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Page 1 of 3
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302 Date: February 2, 2000
(552) 590-5071 Permit No: 5-98-295
COASTAL DEVELOPMENT PERMIT
On 13 April 1999, the California Coastal Commission granted to George Briggeman
Coastal Development Permit 5-98-295, subject to the attached Standard and
Special Conditions, for development consisting of: Remove an existing dock and
gangway (ramp) and construct a new 3 foot wide by 22 foot Long gangway, 79
foot long by 32 foot wide "L" shaped dock with a 14 foot long (seaward) by 10
foot wide piling -supported concrete deck seaward of the bulkhead. More
specifically described in the application file in the Commission offices.
The development is within the coastal zone in Orange County at 85 Linda Isle,
Newport Beach.
Issued on behalf of the California Coastal Commission on February 2, 2000.
RECEIVED BY
PLANNING DEPARTMENT
PETER DOUGLAS CITY nF hlr1A'0nRT I=:EAJY: '
Executive Director Title: Coastal Program Analyst
FEB 014 2000AM P
ACKNOWLEDGMENT 71$i91��l�lilllii31.4'S'6
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all
terms and conditions thereof.
The undersigned permittee acknowledges that Government Code Section 818.4 which
states in pertinent part, that: "A public entity is not liable for injury caused by the issuance
... of any permit ..." applies to the issuance of this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION
OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a).
Date Signature of Permittee
Please sign and return one copy of this form to the Commission office at the above
address.
COASTAL DEVELOPMENT PER-irIIT
No. 5-98-295
Page 2 .of 3
STANDARD CONDITIONS
1 . Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the
proposal set forth in the application for permit, subject to 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 will
be resolved by the Executive Dire.ctor,or:the Commission.
5. Inspections. The Commission staff shall be allowed to inspect the site and
the project during its development, subject to 24-hour advance notice.
6. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual,"and it is the intention of the Commission and the permittee to
bind all future owners and possessors of the subject property to the terms
and conditions.
SPECIAL CONDITIONS:
1. Submittal of Revised Plans
Prior to the issuance of the coastal development permit the applicant shall submit, for the
review and approval of the Executive Director, revised deck plans demonstrating that the 10
foot by 14 foot reinforced concrete deck seaward of the bulkhead has been redesigned and
engineered so that the deck can be cantilevered from the bulkhead. The plans shall be signed
by a consulting engineer, who shall also certify in writing that cantilevering the deck is feasible
COASTAL DEVELOPMENT PERMIT
No. 5-98-295
Page 3 of ,3 _
from an engineering perspective and that pilings will not be required in the future to support the
proposed cantilevered deck.
The proposed development shall be constructed in compliance with the final plans approved
by the Executive Director. Any deviations from said plans shall be submitted to the Executive
Director for a determination as to whether the changes are substantial. Any substantial
deviations shall require an amendment to this permit or a new coastal development permit.
2. Storage of Construction Materials, Mechanized Equipment and Removal of Construction
Debris
Disturbance to the harbor waters and intertidal areas shall be minimized. The applicant agrees
not to store any construction materials, oils or liquid chemicals or other waste where it is
subject to wave erosion and dispersion into the harbor waters. The applicant shall remove
from the waters, bulkhead and dock area any and all debris resulting from the demolition of the
existing dock facility and the construction of the new dock facility. No mechanized equipment,
with the exception of a barge or land -mounted crane, is allowed seaward of the bulkhead at
any time.
3. Location of Debris Disposal Site
Prior to the issuance of a coastal development permit, the applicant shall identify in writing, for
the review and approval of the Executive Director, the location of the proposed disposal site of
the demolition and construction debris resulting from the proposed project. Disposal shall
occur at the approved disposal site. If the disposal site is located within the coastal zone a
coastal development permit or an amendment to this permit shall be required before disposal
can take place.
4. Regional Water Quality Control Board Approval
Prior to the issuance of the coastal development permit the applicant shall submit for the
review and approval of the Executive Director, written evidence from the Regional Water
Quality Control Board demonstrating that the Regional Water Quality Control Board has
approved the proposed project: If the Regional Water Quality Control Board requires any
substantial changes to the project, as approved by the Commission, the changes shall be
submitted to the Executive Director for a determination as to whether the changes require an
amendment to this permit. Any changes that require an amendment shall not occur without an
amendment to this permit.
SFR:
G:\PERMITS\l998 permits\5-98-295 briggeman permit.doc'
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California ®nal Water Quality;®ntr®1®ard
%VJW Santa Ana Region
Winston Hickox Internet Address: http://www.swrcb.ca.gov
Secretaryfor 3737 Main Street, Suite 500, Riverside, California 92501-3339
Environmental Phone (909) 7824130 • FAX (909) 781-6288
Protection
January 4, 2000
Swift
Swift Slip Dock and Pier Builders
2027 Placentia Avenue
Costa Mesa, CA 92627
PROPOSED REPLACEMENT OF FLOATING DOCI{, GEORGE BRIGGEMAN, 85
LINDA ISLE, NEWPORT BEACH, ORANGE COUNTY
Dear Ms. Swift:
If standard dock construction methods and materials are utilized, this project should not adversely
impact water quality. A statement has been submitted that there will be no waste discharged from
the proposed project. Based on these assurances, clearance is provided.
However, should the Army Corps of Engineers determine that this project requires a Section 404
permit, it will be necessary' for the project proponent to obtain from this Board a Water Quality
Certification under Section 401 of the Clean Water Act.
Should you have any questions, please contact Jawed Shami at (909) 782-3288.
Smcerel
Gary D. Ste art, Chief
Regulations
cc: California Coastal Commission, Long Beach
Army Corps of Engineers — Erik Larsen
City of Newport Beach, Marine Department - Tony Mellum
City of Newport Beach, Building Department - Faysid Jurdi
JIS/blutag7l .let
California Environmental Protection Agency
R 1 dPa er
�.r1 ecyc e P
DISPLAY BUSINESS RECORDS: DISPLAY EXIT
DISPLAY BUSINESS RECORDS
---------------------------------------------------------------------
10/15/99
BUSINESS
NUMBER
RP13300851
TOTAL DUE
150.00
BUSINESS
NAME
BRIGGEMAN, GEORGE
JR.
SERVICE
ADDRESS
85 LINDA
ISLE
APT
NEWPORT BEACH, CA
ZIP
92663
BILLING
ADDRESS
85 LINDA
ISLE
CYCLE A
TAX Y
PENALTY N
PROPERTY
ID
NEWPORT
BEACH, CA
UNAPPLIED
CREDIT
0.00
92660
SERVICE
TITLE
BILL REF
DATE
BILLED
PAID
DATE PAID
RES
RES PIER
1999-02
150.00
0.00
RES
RES PIER
1998-02
02/03/98
75.00
75.00
03/25/98
RES
RES PIER
1997-02
02/05/97
75.00
75.00
02/20/97
RES
RES PIER
1996-02
02/01/96
75.00
75.00
03/01/96
RES
RES PIER
1995-02
02/13/95
70.00
70.00
02/21/95
PRESS ESCAPE FOR NEXT
SCREEN
JFIrn,[D
#'/ r, f 7
CITY OF NEWPORT BEACH
FIRE AND MARINE DEPARTMENT
P.O. BOX 1768
NEWPORT BEACH, CA 92658-8915
7 � �
00,
October 1, 1999
George Briggman
17291 Irvine Blvd, Suite 300
Tustin, Ca 92780
Re: Pier Permit
Dear Mr. Briggman:
The City of Newport Beach Revenue Division has notified this office that you
have not paid the annual pier permit fee for the pier and dock bayward from 85
Linda Isle. Are you still the property owner? Please contact Wes Armand at
949-644-3043 regarding this matter as soon as you can. Your cooperation will
be appreciated.
Sincerely,
Wes Armand
Fire and Marine Department
1911, Annual
w
3
s,s
:: �sj Eli P•
a < �tt���s
ANV�
OR DAY
SaturdayMay , 1.9,1999
8:30am to 1:00pm • The Cannery Restaurant
(30W Lafayette Ave., Newport Beach)
It's time to give back to the harbor that
gives us so much! loin volunteers of all ages
from local businesses, schools and the
residential community taking to the water
and shore, cleaning up the debris &
restoring our beautiful Newport Harbor.
After getting your hands dirty for a good
cause, join the fun at The Cannery
Restaurant. Invite your family, friends or co-
workers and come out for Clean Harbor Day!
"After Clean Up Party" begins
at 10:30 am at The Cannery
.1 Barbecue!
1 Prize Drawings!
1 Educational Booths!
1 Entertainment!
We need volunteers and boats... Gold Sponsor
Use the form below or call the Chamber at (949) 729-4400. Beacon Bay Auto Washes
Wn event of the I (We) will volunteer at the event to help clean the harbor.
NewportHarbor Area 1 will bring my boat to the event. It can accommodate
Chamber of Commerce
Narne(s)
Id ia
£ ° °
CLEAN
9�HARBOR
DAY 414'
ti o
F �
h••
_ volunteers.
Phone
Fax
Volunteers and boats should be at The Cannery Restaurant by
8:30 am for instructions. Any questions? Please call (949) 729.4400.
U I want to be a "Harbor Hugger," helping support the 1999 Clean Harbor Day effort.
Enclosed is my contribution for this important community event.
am enclosing: O $25 O $50 O $75 O $100 O Other $
❑ Check Enclosed ❑ Mastercard ❑ Visa ❑ Amex
Amt. $ Card # Exp. Date
Please mail or FAX to: Name on Card Signature
Newport Beach Chamber of Commerce
1470 Jamboree Rd., Newport Beach, CA 92660 - (949) 729-4400 - FAX (949) 729-4417 -entail: Info@NewportBeach.com
DISPLAY BUSINESS RECORDS: DISPLAY
EXIT
DISPLAY BUSINESS RECORDS
---------------------------------------------------------------------
10/15/99
BUSINESS NUMBER RP13300851
TOTAL DUE
150.00
BUSINESS NAME BRIGGEMAN, GEORGE
JR.
SERVICE ADDRESS 85 LINDA
ISLE
APT
NEWPORT BEACH, CA
ZIP
92663
BILLING ADDRESS
85 LINDA ISLE
CYCLE A
TAX Y
PENALTY N
PROPERTY ID
NEWPORT BEACH, CA
UNAPPLIED
CREDIT
0.00
92660
SERVICE TITLE BILL REF
DATE
BILLED
PAID
DATE PAID
RES RES PIER 1999-02
150.00
0.00
RES RES PIER 1998-02
02/03/98
75.00
75.00
03/25/98
RES RES PIER 1997-02
02/05/97
75.00
75.00
02/20/97
RES RES PIER 1996-02
02/01/96
75.00
75.00
03/01/96
RES RES PIER 1995-02
02/13/95
70.00
70.00
02/21/95
PRESS ESCAPE FOR NEXT SCREEN
1
�+V A
�
V
/V
fie+
October 1, 1999
George Briggman
17291 Irvine Blvd, Suite 300
Tustin, Ca 92780
Re: Pier Permit
Dear Mr. Briggman:
The City of Newport Beach Revenue Division has notified this office that you
have not paid the annual pier permit fee for the pier and dock bayward from 85
Linda isle. Are you still the property owner? Please contact Wes Armand at
949-644-3043 regarding this matter as soon as you can. Your cooperation will
be appreciated.
Sincerely,
Y
Wes Armand
Fire and Marine Department
STATE OF CALIFORNIA - THE RESOURCES AGLNCY
0
PETE WILSON, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(T,62)590-5071
Filed:
10-09-98
49th Day:
11-27-98
180Th Day:
04-07-99
Staff:
RMRILB
Staff Report:
01-13-99
Hearing Date:
Feb. 2-5, 1999
Commission Action:
STAFF REPORT: REGULAR CALENDAR
APPLICATION NUMBER: 5-98-295
APPLICANT: George Briggeman
AGENT: Construction Resources
PROJECT LOCATION: 85 Linda Island, Newport Beach, Orange County
PROJECT DESCRIPTION: Remove an existing dock and pier. Construct a new 3 foot
wide by 22 foot long, 79 foot long by 32 foot wide °L" shaped
dock with a 14 foot long by 10 foot wide concrete deck.
SUMMARY OF STAFF RECOMMENDATION:
Staff recommends the Commission approve the proposed development with special
conditions regarding provision of Regional Water Quality Control Board approval, removal of
construction debris, location of disposal site for construction debris, and a prohibition on
future shoreline protective structures to protect the deck.
STAFF NOTE:
This application was scheduled for the January 14, 1999 hearing. Neither the applicant nor
the applicant's agent were available at the hearing. At the hearing, staff considered a
significant modification to the recommendation. Instead of proceeding with the hearing,
absent the applicant or applicant's agent, the Commission trailed the application item to the
January 15, 1999. On January 14, 1999 staff contacted the applicant's agent. The agent
indicated that the applicant was out of town and that he (the agent) was not prepared to
discuss staff's revised recommendation. Therefore, the agent requested that the item be
continued to February 1999. Because these developments occurred at the last minute, staff
has not had time to revise the staff report to conform with the revised staff recommendation.
Therefore, the January 1999 staff report is being put forward with the original staff
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recommendation. Staff will prepare an addendum staff report which will include the revised
recommendation.
SSUES OF CONTROVERSY:
Staff is recommending approval of the proposed development. In areas of Newport Beach
where the private ownership extends out into the Bay or Harbor, City of Newport Beach
harbor policy allows either a 5 foot cantilevered deck or a 10 foot wide by 14 foot long pile -
supported deck structure. In areas of City, County or State Land jurisdictional waters this
policy is not in effect and these structures are not allowed. Previously, the cantilevered or
10 by 14 decks have been approved by the Commission as waivers or administrative or
consent permits with no special conditions. Staff has scheduled this application on the
Regular Calendar because of the special condition requiring d deed restriction. to prohibit
future shoreline protective measures to protect the 10 foot by 14 foot concrete deck,
LOCAL APPROVALS RECEIVED: Approval in concept from the City of Newport Beach fire
and Marine Department.
SUBSTANTIVE FILE DOCUMENTS: City of Newport Beach Certified Land Use Plan, City
of Newport Beach Harbor Permit Policies, Coastal Development Permits at 153 Harbor
Island Rd (5-83-853), 1617 Bayside Dr. (5-85-112), 721 Bayside Dr. (5-97-272-W), 3 Linda
Isle Dr: (A-8837), 701 Bayside Dr. (P-3310), 651 Bayside Dr. (A-3607), 440 Harbor Island
Dr. (P-4715), 654 Harbor Island Dr. (P-5589), 600 Harbor Island Dr. (A-5-24-77-973), 26
Linda Isle Dr. (5-97-200-W), 27 Linda Isle (5-87-862), 22 Linda Isle Dr. (5-88-1058), 554
Harbor Island Dr. (A-2-24-77-239), 615 Bayside Dr. (P-3107), and 536 Harbor Island Dr. (A-
9351).
RECOMMENDATION:
The staff recommends that the Commission adopt the following resolution:
I. Approval with Conditions
The Commission hereby grant s a permit, subject to the conditions below, for the proposed
development on the grounds that the development will be in conformity with the provisions
of Chapter 3 of the California -Coastal Act of 1976, will not prejudice the ability of the local
government 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 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.
II. Standard Conditions:
Notice of Receipt and Acknowledgment. The permit is not valid and development
shall not commence until a copy of the permit, signed by the permittee or authorized
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agent, acknowledging receipt of the permit and acceptance of the terms and
conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years
from the date this permit is reported to the Commission. Development shall be
pursued in a diligent manner and completed in a reasonable period of time.
Application for extension of the permit must be made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the proposal
as set forth in the application for permit, subject to 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 will be
resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect the site and the_
project during its development, subject to 24-hour advance notice.
6. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and conditions of
the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to bind all
future owners and possessors -of the subject property to the terms and
conditions.
III. SPECIAL CONDITIONS
Future Coastal Protective Structure
Prior to the issuance of the coastal development permit, the applicant shall record a deed
restriction in a form and content acceptable to the Executive Director, which shall provide
that no shoreline protection devices shall be permitted to protect the 10 foot by 14 foot
concrete deck which extends a maximum of 14 feet seaward of the bulkhead line. In the
event that the concrete deck becomes damaged, the applicant may submit an application
amendment to repair and replace the existing structure but not to place fill, additional
caissons or place any hardened structures beyond the existing bulkhead underneath or
seaward of the proposed 10 foot by 14 foot deck.
The document shall run with the land binding all successors and assigns, and shall be
recorded free and clear of prior liens and encumbrances which the Executive Director
determines may affect the enforceability of the restriction. This deed restriction shall not be
removed or changed without a Coastal Commission approved amendment to this coastal
development permit unless the Executive Director determines that no amendment is
required.
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2. Storage of Construction Materials, Mechanized Equipment and Removal of Construction Debris
Disturbance to the harbor bottom and intertidal areas shall be minimized. The applicant agrees not
to store any construction materials, oils or liquid chemicals or other waste where it is subject to wave
erosion and dispersion into the harbor waters. The applicant shall remove from the beach, bulkhead
and dock area any and all debris resulting from the demolition of the existing dock and the
construction of the new dock. No mechanized equipment, with the exception of a barge or land -
mounted crane, is allowed seaward of the seawall at any time.
3. Location of Debris Disposal Site
Pr ivr.t.^, the issuance of a coastal development permit, ti ie applicant sliali identify ii 1 writing, lg, lU Li is
review and approval of the Executive Director, the location of the proposed disposal site of the
demolition and construction debris resulting from the proposed project. Disposal shall occur at the
approved disposal site. If the disposal site is located within the coastal zone a coastal development
permit or an amendment to this permit shall be required before disposal can take place.
4. Regional Water Quality Control Board Approval
Prior to the issuance of the coastal development permit the applicant shall submit for the review and
approval of the Executive Director, written evidence from the Regional Water Quality Control Board
demonstrating that the Regional Water Quality Control Board has approved the proposed project. If
the Regional Water Quality Control Board requires any substantial changes to the project, as
approved by the Commission, the changes shall be submitted to the Executive Director fora
determination as to whether the changes require an amendment to this permit. Any changes that
require an amendment shall not occur without an amendment to this permit.
IV. Findings and Declarations
The Commission hereby finds and declares:
A. Project Description
The proposed development consists of the removal of ramp and dock. and the construction
of a 79 foot long by 32 foot wide "L" shaped dock, a 3 foot wide by 22 foot long ramp, and a
14 foot long by 10 foot wide cantilevered concrete deck. The concrete deck is proposed to
be supported by four pilings, while the ramp and dock are proposed to be supported by five
pilings. The proposed deck will extend a maximum of 14 feet seaward of the existing
bulkhead line.
The project site is located on Linda Isle in the Newport Harbor (see Exhibit 1). Linda Isle is
a private, gated island accessible from Bayside Dr. just south of where Pacific Coast
Highway crosses Lower Newport Bay. The site and surrounding properties are protected by
an existing bulkhead. There are docks and piers on the adjacent properties which extend to
the U.S. Pierhead Line (see Exhibit 2). The waters within the U.S. Pierhead Line are under
the jurisdiction of the City of Newport Beach, however, the area encompassing the proposed
deck are privately owned waterways.
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Staff was contacted by the Department of Fish and Game which has no comments on the
proposed project. In addition, the Army Corps of Engineers sent staff a Letter of Permission
(LOP) which states that the project does not require any dredging or filling and no eelgrass
is impacted by the proposed development.
B. Stringline Policy and Shore Protection Structures
Coastal Act Policies
Section 30235 of the Coastal Act provides guidelines for the construction of structures which alter
shoreline processes. It states:
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other
such construction that alters natural shoreline processes shall be permitted when required to
serve coastal -dependent uses or to protect existing structures or public beaches in danger from
erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand
supply. Existing marine structures causing water stagnation contributing to pollution problems
and fish kills should be phased out or upgraded where feasible.
2. City of Newport Beach Policies
The certified LUP did not adopt the Commission's stringiine policy. The seaward extent of
development on waterfront lots in Newport Beach is government by city -imposed setbacks.
There are generally two setbacks which the City imposes, a setback for enclosed residential
development from the bulkhead, and the bulkhead line.
Historically, the Commission and the Executive Director have not imposed the Commission's
stringline guidelines on development in Newport Harbor but have used the City's setbacks
for guidance. The City policies governing bulkheads and development between the
bulkhead line and the pierhead line are found in the 1998 City of Newport Beach Harbor
Permit Policies. This document was adopted by the City in 1964 and amended in 1998.
The Harbor Permit Policies also includes guidelines for cantilevered decks and other decks,
as well as a list of definitions. On Linda Isle the Commission historically has used these
harbor policies as guidance in approving development. There are several definitions of
note in these guidelines:
PIER: The term "Pier" shall mean any fixed or floating structure for securing
vessels, loading or unloading persons or property, or providing access to the water,
and includes wharfs, docks, floats or other landing facilities, and dry docks.
BULKHEAD LINES: The "Harbor Lines," as established, shall define the limit of
solid filling or solid structures.
PIERHEAD LINE: The "Pierhead Lines," as established, shall define the limit for pier
and float -type structures.
The general harbor regulations contains the following policy pertaining to seaward
encroachment:
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Only piers, floats, certain patio decks and their appurtenances shall be permitted
between the bulkhead and pierhead lines.
The section on bulkheads contains the following policy:
All bulkheads in residential districts shall be installed on the established bulkhead
line or at a location behind the bulkhead line that would preserve the design profile of
the harbor. Any retaining or ornamental wall installed landward of the bulkhead line
shall be considered a bulkhead if it also serves to contain the waters of the harbor
and shall be processed in the same manner as if it were on the bulkhead line.
The Citv has policies concerning exceptions. Among these exemptions are:
PATIO DECKS: in areas where the waterways are privately owned, and within
Promontory Bay, patio type decks may be cantilevered beyond the established
bulkhead lines subject to the following conditions:
A. The maximum projection of patio deck encroachments beyond the
bulkhead line shall be limited to five feet.
Section 5a of the Harbor Permit Policies provides that the Marine Department can approve
and issue permits which conform to the standard harbor drawings. The standard harbor
drawings include provision for a maximum 10 foot by 14 foot deck on private waterways in
the City of Newport Beach as part of the overall dock system.
Linda Isle is a private, gated community with access to it from the mainland by Aloha Dr.
Exhibit 3 shows that the island is horseshoe shaped. The waters inside the horseshoe are
private waterways. The waters between the island and PCH are private waterways. The
channel between the island and Bayside Drive are private waterways. However, the waters
on the southern horseshoe are county tidelands and are not private. Exhibit 3 shows a
parcel map of the area. Exhibit 4 is the assessors parcel map. As can be seen from these
exhibits, the site is located on waters between the horseshoe, which are private waterways.
3. Proposed Project
The proposed development consists of the removal of an existing dock and pier and the
construction of a new 3 foot by 22 foot ramp, 79 foot long by 32 foot wide "L" shaped dock
with a 14 foot by 10 foot concrete deck. The concrete deck extends a maximum of 14 feet
seaward of the bulkhead and is a maximum of 10 feet wide. A 3 foot wide by 22 foot long
ramp connects the concrete deck with the dock. The applicant is proposing to install 5
pilings for the new dock and four pilings for the concrete deck. The dock is located within
the U.S. Pierhead Line (see Exhibit 2).
4. Project Analysis
The proposed development is located on Linda Isle, an area where the private property
jurisdiction extends out beyond the bulkhead line into harbor waters. The City of Newport
Beach, the Executive Director and the Commission have approved permits for development
extending beyond the bulkhead line on Linda Isle and other specified areas of Newport
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Harbor. The City and the Commission do not approve development such as decks
extending seaward of the bulkhead in waters of Newport Harbor which are in the public
domain.
Specifically, there are Commission approvals for cantilevered decks extending five feet
beyond the bulkhead at 153 Harbor Island Rd (5-83-853), 1617 Bayside Dr. (5-85-112), 721
Bayside Dr. (5-97-272-W), 3 Linda Isle Dr. (A-8837), 701 Bayside Dr. (P-3310), 651 Bayside
Dr. (A-3607), 440 Harbor Island Dr. (P-4715), 654 Harbor Island Dr. (P-5589), and 600
Harbor Island Dr. (A-5-24-77-973).
Permits issued for 10 foot by 14 foot piers/decks include: 26 Linda Isle Dr. (5-97-200-W), 27
Linda Isle (5-87-862), 22 Linda Isle Dr. (5-88-1058), 554 Harbor Island Dr. (A-2-24-77-239),
1615 Bayside Dr. (P-3107), and 536 Harbor Island Dr. (A-9351).
Staff documented these instances by reviewing the application address files and the permit
record files in the South Coast Office. However, there are probably more examples of decks
and cantilevered decks in the areas of Linda Isle, Harbor Island and Bayside Dr., because
project descriptions in agendas and permit logs which mention piers may also be referring to
the 10 foot by 14 foot decks.
The Commission routinely approves the installation of boating dependent facilities, i.e.,
floating docks, ramps and boat slips, between the bulkhead line and the U.S. Pierhead Line.
The typical boating structure includes a ramp extending from the bulkhead to the dock. The
Commission does not routinely approve the placement of reinforced concrete deck
structures beyond the bulkhead line in Newport Harbor, except in the areas where private
property extends out into the harbor.
On bayfront property in Newport Beach the City imposes setbacks landward from the
bulkhead line for enclosed residences. This setback line then becomes the line for seaward
encroachment of enclosed residence living area. This often happens on coastal bluffs as
well where some communities or subdivisions where blufftop setbacks become the
residential seaward line of development. However, both the City imposed setbacks from the
bulkhead and the bulkhead line do form de facto seaward lines for development on Linda
Isle. There is a difference between the Commission's stringline policy and the use of
setbacks to restrict seaward development. The stringiine is calculated on aline drawn from
the corners of adjacent structures. For setbacks, the applicant can build out to a set line
without regard to the adjacent structures. The criteria for bulkheads is that the Commission
does not permit the seaward encroachment of bulkheads and the use of backfill. Bulkheads
either have to be replaced in the same location or moved landward.
In addition, there is the question of whether allowing this type of structure means that a
resident might be able to fortify or place shoreline protective structures in front of the decks
to protect them, as per Section 30235 of the Coastal Act.
5. Seaward Encroachment of Development
In most cases the Commission does not permit the placement of deck structures seaward of
the bulkhead line. The bulkhead line acts as the seaward extent of development. No
hardened structures would be required to protect the rear yard improvements because of
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the existing bulkhead. However, in the case of private waterways, the City policies do allow
the placement of 5 foot cantilevered decks and 10 foot by 14 foot pile -supported
decks/platforms beyond the bulkhead. The Commission also has a policy of approving 5
foot cantilevered decks in Huntington Harbor. Staff was concerned whether the City had
policies in place limiting the size of these deck structures and whether approval of a 10 by
14 deck might lead to approvals of much larger decks. However, the criteria in the harbor
drawings show that the City limits the size of these decks is limited to a 10 foot wide by 14
foot long (seaward of the bulkhead) deck.
The City of Newport Beach's harbor development policies are included in subsection 2 of
this staff report. Clearly, the City of Newport Beach allows for the installation of cantilevered
decks (5 feet) and 10 foot by 14 foot decks in areas where the waterways are privately
owned. The waterways in Linda isle are privately owned. Therefore, this type of
development is allowable under the City's`harbor policies. In addition, the Executive
Director and the Commission have approved at least 20 previous permits for five foot
cantilevered decks and 10 foot by 14 foot decks. Three of these previous Commission
approvals are for 10 foot by 14 foot decks at residences in Linda Isle, the latest being 5-97-
200 at 26 Linda Isle Dr.
6. Future Shoreline Protective Structures
As to the question of further shoreline protective measures to protect these decks, the City
of Newport Beach Harbor Permit Policies clearly state that the "Bulkhead Line" shall define
the limit of solid filling or solid structures. However, the Coastal Act does not provide this
distinction. Instead, Section 30235 of the Coastal Act specifies under what conditions shore
protection structures are allowed. This section specifies that construction that alters natural
shoreline processes shall be permitted when required to serve coastal -dependent uses or to
protect existing structures. Under the Coastal Act if the Commission approves a structure
then that structure becomes eligible for protection under Section 30253. For this reason, the
Commission finds that the applicant shall comply with a special condition stating that no
shoreline protection measures shall be taken to protect decks beyond the bulkhead line at
the locations where these decks are permitted under the City of Newport Beach Harbor
Permit guidelines. If the decks become damaged they can be repaired or replaced but no
shoreline protective structures can be placed seaward of the bulkhead under or seaward of
the decks. Only as conditioned does the Commission find the proposed development
consistent with Section 30253 of the Coastal Act.
C. Filling of Open Coastal Waters
Section 30233 of the Coastal Act states in part:
(a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and
lakes shall be permitted in accordance with other applicable provisions of this
division, where there is no feasible less environmentally damaging alternative,
and where feasible mitigation measures have been provided to minimize adverse
environmental effects, and shall be limited to the following:
(1) New or expanded port, energy, and coastal -dependent industrial facilities,
including commercial fishing facilities.
I
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(2) Maintaining existing, or restoring previously dredged, depths in existing
navigational channels, turning basins, vessel berthing and mooring areas,
and boat launching ramps.
(3) In wetland areas only, entrance channels for new or expanded boating
facilities; and in a degraded wetland, identified by the Department of Fish
and Game pursuant to subdivision (b) of Section 30411, for boating facilities
if, in conjunction with such boating facilities, a substantial portion of the
degraded wetland is restored and maintained as a biologically productive
wetland. The size of the wetland area used for boating facilities, including
berthing space, turning basins, necessary navigation channels, and any
necessary support service facilities, shall not exceed 25 percent of the
degraded wetland.
(4) In open coastal waters, other than wetlands, including streams, estuaries,
and lakes, new or expanded boating facilities and the placement of
structural pilings for public recreational piers that provide public access
and recreational opportunities.
(5) Incidental public service purposes, including but not limited to, burying
cables and pipes or inspection of piers and maintenance of existing intake
and outfall lines.
(6) Mineral extraction, including sand for restoring beaches, except in
environmentally sensitive areas.
(7) Restoration purposes.
(8) Nature study, aquaculture, or similar resource dependent activities.
(b) Dredging and spoils disposal shall be planned and carried out to avoid significant
disruption to marine and wildlife habitats and water circulation. Dredge spoils
suitable for beach replenishment should be transported for such purposes to
appropriate beaches or into suitable long shore current systems.
Section 30108.2 of the California Code of Regulations provides a definition of "fill":
"Fill" means earth or any other substance or material, including pilings placed for
the purposes of erecting structures thereon, placed in a submerged area.
The applicant is proposing to remove an existing ramp and dock and construct a new ramp,
dock and concrete deck seaward of the bulkhead. Four pilings are required to support the
10 foot wide by 14 foot long reinforced concrete deck and five pilings are necessary to
support the proposed 79 foot long by 32 foot wide dock. Exhibit 2 shows the existing ramp,
the neighboring docks and the proposed deck, ramp and dock. The exhibit refers to the
concrete deck as a concrete deck. The exhibit also shows that the concrete deck is
seaward of the bulkhead. The proposed concrete deck connects with the new ramp which
connects with the dock.
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The Army Corps of Engineers issued a Regulatory Guidance Letter in 1990. Although the
letter expired in 1993, it provides guidance on the Army Corp's policy of when a piling is or is
not considered to constitute filling of coastal waters. The letter states:
For some years, the Army Corps of Engineers, as a matter of policy, has taken the
position that pilings do not ordinarily constitute fill material and that the placement of
pilings do not ordinarily constitute a discharge of fill material under the Clean Water
Act.
Historically, pilings were generally used for traditional pile -supported structures such
as decks and bridges where the effect, purpose, and function of the pilings were not
to replace an aquatic area with dry land or to change the bottom elevation of a
waterbody.
The letter concludes that in some situations pilings are considered fill. in these instances,
the pilings are placed so close together that sedimentation rates are increased and result in
the replacement of aquatic area or change in the bottom elevation. In addition, piling
projects are analyzed to determine if the functional use and effect of the pilings constitutes
fill.
The Corp's policy is that no mitigation is required for pilings (except for marinas) because
although the pilings do displace some harbor bottom and water column, the pilings
themselves provide habitat for marine organisms.
The pilings are not closely spaced and do not serve the functional equivalent of fill,
according to the Army Corps definition. It is the Commission's policy that placement of
pilings constitutes fill. In this instance the applicant's plan show that four pilings are required
for the concrete deck and five pilings are required for the dock_ The deck, ramp and dock
are all facilities associated with recreational boating. Additionally, the pilings themselves are
self -mitigating in that they provide habitat for marine organisms. Finally, the use of pilings to
support a recreational pier, in this instance, is the least damaging alternative. Therefore,
the use of fill for pilings for recreational boating use is an allowable use under Section
30233(a)(4) of the Coastal Act.
D. Public Access and Recreation
Section 30604(c) of the Coastal Act requires that every coastal development permit issued for any
development between the nearest public road and the sea includes a specific finding that the
development is in conformance with the public access and recreation policies of Chapter 3 of the
Coastal Act. The proposed development is located between the sea and the first public road.
Section 30212 of the Coastal Act states, in relevant part:
(a) Public access from the nearest public roadway to the shoreline and along the coast shall
be provided in new development projects except where:
(2) adequate access exists nearby.
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Section 30224 of the Coastal Act states:
Increased recreational boating use of coastal waters shall be encouraged, in accordance with
this division, by developing dry storage areas, increasing public launching facilities, providing
additional berthing space in existing harbors, limiting non -water -dependent land uses that
congest access corridors and preclude boating support facilities, providing harbors of refuge,
and by providing for new boating facilities in natural harbors, new protected water areas, and in
areas dredged from dry land.
The proposed development is located on Linda Isle in the Lower Newport Bay portion of Newport
Harbor. Linda Isle is a private, pre -Coastal Act, locked -gate community in Newport Harbor.
The proposed development consists of the removal of an existing dock and ramp and the
construction of a new dock, ramp and concrete deck for a private recreational boat. No work is
proposed on the residence. The proposed development is a normal improvement for single-family
residences in this area. The proposed development will not adversely impact existing navigation.
The development will have no adverse impacts on coastal access and recreation.
Sections 30210, 30211 and 30212 of the Coastal Act require that new development provide
maximum public access and recreation, not interfere with the public's right of acquired access, and
provide public access from the nearest public roadway to the shoreline and along the coast except
under certain circumstances. Public vertical and lateral access does not exist in the immediate
project vicinity. Linda Isle is a private residential island in Newport Harbor. The private nature of the
island precludes public access and recreation to the harbor frontage within the community. In
addition, the waterfront in this area is dominated by private boat docks and ramps, further limiting
public access to the waterfront in the subject area. The community was in existence prior to the
Coastal Act.
In this case the proposed improvement, is the replacement of a private boating recreational dock with
a private boating recreational dock. The proposed development does not constitute an intensification
of use. The proposed development will not create additional significant adverse impact to public
beach access. Therefore, the Commission finds that the proposed development does not pose
significant adverse impacts on public access and recreation and is consistent with Section 30212 of
the Coastal Act.
In addition, the proposed improvement is a recreational boating facility. Recreational boating
facilities are an encouraged use under Section 30224 of the Coastal Act. Therefore, the proposed
development, as conditioned, is consistent with Section 30224 of the Coastal Act.
E. Water Quality
Section 30230 of the Coastal Act states:
Marine resources shall be maintained, enhanced, and where feasible, restored. Special
protection shall be given to areas and species of special biological or economic significance.
Uses of the marine environment shall be carried out in a manner that will sustain the biological
productivity of coastal waters and that will maintain healthy populations of all species of marine
organisms adequate for long-term commercial, recreational, scientific, and educational
purposes.
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The project site is waterfront property in Newport Harbor. The existing development is protected by
a bulkhead. The applicant is proposing to demolish an existing ramp and dock and construct a new
ramp, dock and concrete deck. The Army Corps LOP (see Exhibit 6) indicates that no eelgrass is
present at the site. However, the applicant has not provided approval from the Regional Water
Quality Control Board. Regional Water Quality Control Board approval is necessary to assure that
the project has been reviewed and will not adversely affect water quality in the harbor. Special
condition number 4 of this staff report requires the applicant to submit Regional Water Quality
Control Board approval prior to issuance of the_ coastal development permit.
The development is located on the water and there is always the possibility that materials from
demolition or construction may end up in the harbor waters. In order to prevent adverse impacts to
marine waters from construction and demolition, special conditions 2 and 3 provide for the safe
storage of construction materials and the disposal of demolition end -products.
Only as conditioned for provision of Regional Water Quality Control Board approval, storage of
construction materials and equipment, removal of demolition and construction debris and disposal of
the aforementioned debris does the Commission find that the proposed development is consistent
with Section 30230 of the Coastal Act.
P. Land Use Plan
Section 30604(a) of the Coastal Act provides that the Commission shall issue a coastal permit only if
the project will not prejudice the ability of the local government having jurisdiction to prepare a Local
Coastal Program which conforms with Chapter 3 policies of the Coastal Act.
The Commission certified the Land Use Plan for the City of Newport Beach on May 19, 1982. As
conditioned, the proposed development is consistent with the policies contained in the certified Land
Use Plan regarding development in coastal waters. Therefore, approval of the proposed
development will not prejudice the City's ability to prepare a Local Coastal Program for Newport
Beach that is consistent with the Chapter 3 policies of the Coastal Act as required by Section
30604(a).
G. Consistency with the California Environmental Quality Act
Section 13096 of Title 14 of the California Code of Regulations requires Commission approval of
Coastal Development Permits to be supported by a finding showing the amendment to the coastal
development permit, as conditioned by any conditions of approval, to be consistent with any
applicable requirements of the California Environmental Quality Act (CEQA). Section
21080.5(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are
feasible alternatives or feasible mitigation measures available which would substantially lessen any
significant adverse effect which the activity may have on the environment.
The proposed project has been conditioned in order to be found consistent with the marine resource
protection policies of Section 30230 of the Coastal Act and Section 30235 of the Coastal Act .
Mitigation measures; special conditions requiring removal of construction debris, provision of
Regional Water Quality Control Board approval, mitigation of construction impacts and prohibition on
future shoreline protective structures will minimize all adverse effects. As conditioned, there are no
feasible alternatives or feasible mitigation measures available, beyond those required, which would
Page 13
5-98-295
Newport Beach
substantially lessen any significant adverse effect which the activity may have on the environment.
Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified
effects, is the least environmentally damaging feasible alternative and can be found consistent with
the requirements of the Coastal Act to conform to CEQA.
\\HAMMERHEAD\rmaloney$\staff reports\5-98-295.doc
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EX. �,4MP E'J(, BU[,C�f�EAO CALIFORNIA
R DOCK— r • �'�22'RAMP r- 4Z ?A_KM 0 STAL COMMISSION
.' -,VAMP
soi(I I E DOCK
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yo loS, _ i I U.S. PiEf�f''�_4D
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1LPPi30VE� C 98
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• AA1 f. /✓/SS Permit No. _ �r
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WPi.ICANT'S NF�hE= C�a2l- f 8R/C-C-C.�Isf �f/ JOB IIOIRES'S :5 G/JvC11 /Sly
EXHI:Number:
0. 2
Applicatio5-5Sino Coastal
ission
A G
. ME . -
rEXHIBIT No. 4
n Number:
98-295
sors' Map
alifornia Coastal
Commission
0
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L TWER. SHALL BE SEL. 3TRUCT. D.F. TREATED WITH ACA OR ACZA.
2 FIELD CUTS AND BORED MOLES SHALL RECEIVE A BRUSH COAT OF CONCENTRATED
ACA OR AC2A.
S, BRACKETS AND FUTENERS SHALL BE HOOT DIF GALVANIZEC, EPDXY COATED OR STAINLESS. 2
4. WALKING SURFACES SHALL HAVE A SKID RESISTANT FINISH~ SUCH A5 UNPAINTED TIMBER
OR GRIT ON TIMBER.
5. LOCOou of PIER. PLATFORM GANGWAY.SLIP b FLOATS IS OPTIONAL PROVIDING PROPER
SETBACKS ARE MAINTAWED.
6. SEE STD..604-L, 409-L III 612-L FDR GANGWAY. PIER, AND �4ANGER BRACKET DETAILS. 0 " . 2/22 m,
WHERE PIER IS .JOINTLY OWNED CY ADJACENT PROPERTIES. P:.ATrOAM VIWH a 17 MAX. acv. -F•ia0a
R*w �•�
ORAV M .. �
CITY OF N EWPORT REACH
PUBLIC WORKS DEPARTMENT EXHIBIT No. 5
SINGLE RESIDENTIAL USE Application Number:
F_OAT WITH P1FR nw�wlww f 5-98-295
Deck Policy
California Coastal
Commission
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF, ENGINEERS
Rod
W%7civitV
AUG 181998
L
CO L
i
AUG 191998
CALIFORNIA
MP-FACSIMIL$ TRANSMITTAL COASTAL COMMISSION
US ARMY CORPS OF ENGINEERS DISTRICT CONTACT:
LOS ANGELES DISTRICT--SPLCO-R Name: Jae Chung
P.O. BOX 532711 - Phone: (213) 452-3408
LOS ANGELES, CA 90053-2325 FAX:. (213) .452-3292
DATE INITIATED: August 18, 1998 Please review the LOP materials and
provide substantive, site -specific comments to the District on or before
soptember 2, 1998. If no comments are received by this date, the District
assumes compliance 'with 33 CFR Part 325.2(e)(1).
AGENCY:
(X] California Department of Fish and Game
[X] U.S. Environmental Protection Agency
IX] U.S. Fish and Wildlife Service
[X] National Marine Fisheries Service
[X] U.S. Coast Guard
(X] California Coastal Commission
- LOP NumBER 98-00603=YJC
APPLICANT NAME George Briggeman
- AGENT NAME: Construction Resources
WATERWAY NAME: Newport Bay.
FAX number
619-467-4299
415-744-1078
760-431-9624
562-980-4092
562-980-4427
41.5-904-5400
Attn:
M. Fluharty
R. Tuden
J. Bartel
B. Hoffman
Lt. R. Coller
J. Raives
LOCATION: The proposed work would be done just seaward of 85 Linda island,
within Newport Bay, in the City of Newport Beach, Orange County, California
(see attached).
BRIEF DESCRIPTION OF PROPOSED WORK: The applicant proposes to replace a
dock with a.79 ft. by 32 ft. dock (comprised of 6 pilings) and to build a
14 ft. by 10 ft. cantilevered deck (comprised of 4 pilings). The project
would not require any dredging or filling in waters of the U.S. The
resulting structure would be within the U.S. Pierhead Line. No eelgrass
would be impacted by the work.
AREA OF WATERS SUBJECT TO LOSS AS A RESULT OF PROPOSED WORK: The proposed
work would result in temporary 'impacts to 0.17 acres of waters of the U.S.
The proposed work would not increase the coverage area of navigable waters
of the U.S.
EXHIBIT No. 6
Application Number:
5-98-295
- 7 I Army Corps
California Coastal
d Commission
I
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t
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fc t 6,000-psi at 28 days
- - -'-
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HARBOR PRECAST COINIPANY
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bottoz,
LONG BEACH. CALIFORNIA
PRESTRESSED CONCRETE P( L E S
14m S; C4F�
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DRAWN I C'1�LCK E0 j APPROVED
D L! C P oT 1 O N DATA - I-5-"--____---_ I D YVG NO. -�
10 RM M►CO.1 )Up 17•V 1 +�2.1
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1645 Monrovla'Avenue X Costa Mesa, CA 92627
(714) 645-2812 X Telex 678308 THOMPSON CSMA
Flange width 3°
on all 4 sides
B
FIGURE 2- FLOATATION UNIT DIMENSIONS
Dimensions
(in)
Wei ht (lbs)
Buoyancy
( lbs )
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in salt
water
Model
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8 __
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Patent No. 0 278 329
PERMIT # ..
4RBOR:'PERMIT
tJ�W . 0
CITY OF NEWPORT BEACH
v ` P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
cq�=
November 21, 1997
Mariners Escrow Corporation
P.O. Box 8808
Newport Beach, Ca. 92658
RE: Harbor Permit 133-0085 for 85 Linda Isle, Newport
Beach, Escrow # 15147-MS
Sirs.
Regarding a pier permit transfer for the above mentioned property,
the structure was re -inspected on November, 1997, at which time it
was determined that it conforms to City standards.
Once we have the Transfer Application card, with both the buyer
and seller signatures, and the remaining $163 for the transfer
fee, the permit will be transferred.
Sincerely,
Wes Armand
Harbor Inspector
'- -,*q
FM
-
3300 Newport Boulevard, Newport Beach
�0 MARINERS
{�}ESCROW CORPORATION
City of Newport Beach Marine Division
P. O. Box 1768
Newport Beach, CA 92658
Attn: LES
Re: 85 linda Isle, Newport Beach
Enclosed please find the following:
Our check for $163.00, represents 1
Transfer Card, signed by all parties
Should you have any questions or need any
Mariners Escrow Corporation
Pam Amburgey for
Marilyn Sauter
Escrow Officer
Transfer Fee.
190 Newport Center Drive, Suite 250
Newport Beach, Califomia 92660
Post Office Box 8808
Newport Beach, Califomia 92658
Phone (714) 640-6040 Fax (714) 721-8157
Date: December 5, 1997
Escrow No.: 15147-MS
assistance, please do not hesitate to contact the undersigned. Thank you.
�ti�w PO -
°� f `1::� CITY OF NEWPORT BEACH
?
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
q�IFORN
November 7, 1997
Mariners Escrow Corporation
190 Newport Center Drive
Newport Beach, Ca. 92658
Re: Harbor Permit 133-0085-1 for 85 Linda Isle, Newport Beach
Escrow # 15147-MS
Sirs:
The City of Newport Beach Fire and Marine Department has received
a request to transfer pier permit 133-0085-1 for the above
mentioned property. The facility was inspected on November 4,
1997.
We cannot transfer the pier permit until the following deficiency
has/have been corrected and WE HAVE BEEN NOTIFIED OF THE
CORRECTION:
1. A City -approved anti -syphon device is required at the water
connection for the water supply to the pier and float. A sketch
showing the approved type of device and its installation is
enclosed. This requirement is in accordance with Title 17 of the
California Administrative Code.
2. The dock has been modified and this office will require an 8 1-�
X 11 drawing depicting the existing dimensions.
The Newport Beach City Council Harbor Permit Policies state:
10.D. "At the time of transfer, all harbor structures
shall be inspected for compliance with the City's
minimum plumbing, electrical and structural
requirements, and the conditions of the existing
permit. All deficiencies must be corrected prior to
transfer of the
permit."
PLEASE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE
BEEN CORRECTED. Please call 644-3044 to.request a re -inspection.
Wes Armand / Harbor Inspector !�
3300 Newport Boulevard, Newport Beach
MARINERS 190 Newport Center Drive, Suite 250
Newport Beach, California 92660
ESCROW CORPORATION Newport Beach, California 92652658
Phone (714) 640-6040 Pax (714) 721-8157
AM
{ iLK
October 29, 1997 rid -
City of Newport Beach
Marine Division
Re: 15147-MS
Please begin pier inspection on property 85 Linda Isle, N.B.
Current owner is Barnett Simon, and Patricia Gaines
Listing Agent is Barbara Amstadter 644-6373
We appreciate the opportunity to be of service to you in this transaction. Should you have any questions, please call us at the
telephone number(s) referenced above.
Mariners Escrow Corporation
9
Marilyn Sauter
Escrow Officer
AS
133
. ` • ��`
10
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JK4got
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S'OV"OfoAg5 ors �,P�o�►e6fiCd ,n feo! and d•..o/e
�l `'' t7�Ir/Ifs •e:ow' �I�epq LOwre Low "Ofer. M01/awa/gar
iMrre�e or lilp gr/rp;,.pp{s/ ✓O e^jpl, Horbor ✓.nes
are �eilobf'r's�pd nw lA:s tfCf�p,y osrNa+vpvrr �a�
U
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11
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT
HARBOR PERMIT APPLICATION
(Please print all information)
MF
rty Owner) Address
2. Project Address (Street Address)
3. New Construction Revision _
4. Fee /V ;�_ Check No.
e-`
arbor
Tele
i- MVP-5--
Number
Maintenance Dredging
Date
5. Brief Description of Proposed Work:
%1 % iAi-F /Ski IV6
i2D C4L
6. Submit 81/2" x I V Drawings (3), Include:
1. Location and dimension of proposed structure.
2. Location of bulkhead.
3. Location of property lines and lot size.
4. Location of channel markers within 200 feet of proposed project.
5. Existing ground profile, and area and profile of any dredging with elevations showing depth relative
to MLLW.
6. 'Elevations of top and bottom of piles and bulkheads with respect to MLLW.
7. Any special conditions affecting the construction or affecting boating operations.
8. Owner Builder/Contractor Declaration/Insurance Information.
7. Owner -Builder Declaration mus a co et (o rever a ide of this sheet)
8. Applicant's/Agent's Signatur `� ate: zxO91h
9. Work can begin once the City has received evidence of the following additional approvals and you have
been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach
Municipal Code and subject to penalties.
10. Your permit will not be final until we have conducted an on site inspection once construction is
completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection.
OFFICE USE ONLY
Approval in Concept.
Approval of the City of Newport Beach Council.
Approval of the Army Corps of Engineers
Approval of the California Coastal Commission.
Approval of the City's Public Works Department.
Approval of the City's Building Department.
Approval of County of Orange.
Issued. (Permit is stamped drawing. l�
r� Site Inspection. (call 644-3043 for appointment)
Site Re -Inspection GE70 r
Conditions:
Date
Date
Date
Date
Date
Date
Date
Date
Date
Date r
OWNER -BUILDER DECLARATION
hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec.
7031d.5, Business and Professions Code). Any City or County which requires a permit to construct, alter,
improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit
to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law
(Chapter 9, commencing with Section 7000) of Division 3 of the Business and Professions Code) or that
he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any
applicant for a permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500).
I, as owner of the property, or my employees with wages as their sole compensation, will do the
work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code:
The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and
who does such work himself or through his own employees, provided that such improvements are not
intended or offered for sale. If, however, the building or improvement is sold within one year of
completion, the owner -builder will have the burden of proving that he did not build or improve for the
purpose of sale.)
I, as owner of the property, am exclusively contracting with licensed contractors to construct the
project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an
owner of property who builds or improves thereon, and who contracts for such projects who builds or
improves thereon, and who contracts for such projects with a Contractor'(s) License pursuant to the
Contractor's License Law).
I am exempt under Sec. . of Business and Professional Code for this reason:
Owner's Signature: Date:
Contractor: Telephone:"
Address:
License class State Board No.
LICENSED CONTRACTOR'S DECLARATION
City License No.
I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code, and my license is in full force and effect.
Contractor's Signature Date:
- taA D
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THE IR VINE COMPANY TITLE
IRVIN8, CAUFORNIA 92664 PHONE .544-0120 L1 NDA ISLZ LQ"T � J
DATE DRAWN DY CHECKED BY OVERLAY DRAWING NO.
J Lttu:►�(a-7 B.Y. F-1:E.G. SHEET OF j
BUYERS HAM
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ADDRESS OFFACILITY:
PERMIT �F
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ENO."
i
h MAILVNG"ADDRESS
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FEE
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APPRO,NEb BY ��°
DA7Er
APPLICATION IS HEREBY Mdq,E TO 7R�iNSFEk HAR110R
PERTri1T
i
.
�.,.
OCHD
ENG
SELLERS' NAME(S)
BUYERS NAME(S)
(/4BOV.E bIAME3 TO BEr TYPED)
°
ADDRESS OF�FACILITY:
PERMIT #
BUYERS rNlOIE(S)
', s;
vy
TELEHONE NO
P
FEE
CHECK NO
DATE
bKAIU1Nl �`ADDRESSi �. \
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\ BUYERS' NAMES)
NAMElS)
SELLERS'
ED)
(ABOVE" PYAMES TO BE TYP ,
4.
STATUS SHEET
HARBOR PERMITS:
a TRANSFER
LOCATION --LEE
Seller Buyer S� u,
Date Appl i"cation Rec'vr Date ? Fm Rec'v
- Oral Request for Inspection' .
•ryµ,,--Oral-
- �
Escrow Co. Date C
t.
N a
" n i
Escrow Offiter En v #
_
Date Inspection Made"
TG 1
Date 'Deficiency_Letter.:Sent' cif-Epp}iceble) _.._
- -
Date Deficiency , Corrected
i ewOrate icy No"� _;(i ap�l� +lej
. ....
-
- Dane Transfer Comp3eted
2:
Plumbing•...
e
3.
Electrical:
4-
Structural:%
t.4
s r"c
133-85
c�
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deP�hs bC"Ow A71=017 Lower ow Wo�cr. .v/or;.»cin
range of et'cec OroproXiMo�Q/r l0lief fror6or /.��s
Ore esfob/r'Shes in fh;5 secf.or� ofn'ewPo�f Bar
1•
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G,Q :3..01 T
BUYERS NAME(S)
ADDRESS OF FACILITY
I PERMIT #
3 -
MAILING ADDRESS -�
TELEPHONE NO -
FEE
CHECK NO.
DATE
_
-" APPROVED BY: - DATE
APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT
❑
e€#r s'€ 'xa
OCHD
,ache
❑
SELLERS,' NAME(S) BUYERS' NAME(S) - -
- - ENG
(ABOVE NAMES TO BE TYPED)
❑
COUNCIL _
_ _
SIGNATURE OF SELLER SIGNATURE OF BUYER
PUBLIC WORKS ❑ -
-- DEPT.
:F ESCROW ❑
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SIGNATURE OF SELLER -SIGNATURE OF BUYER -
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INSPECTION ❑-
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- -
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F I OWNER SIGNATURE O JOINT O R -
❑
APPLICATION APPROVED (DATE)
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CITY HARBOR COORDINA OR
- SPECIAL CONDITIONS:- THIS PERMIT IS REVOCABLE
SY THE CITY COUNCIL IN ACCORDANCE WITH TITLE ] 7
OF THE MUNICIPAL CODE.
CITY OF. NEWPORT BEACH„ CALIF. Wx FORM 66.1013 REV.
-
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BUYERS NAME(S)
ADDRESS OF FACILITY
PERMIT
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MAILING ADDRESS g`
TELEPHONE NO.
FEE
CHECK NO. DATE
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' APPROVED BY: - DATE
APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMITOCHD
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SELLERS' NAME(S) - BUYERS' NAME(S) - -
-ENG - l�,J
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COUNCIL
SIGNATURE OF SELLER SIGNATURE OF BUYER
-
PUBLIC WORKS
-
DEPT.
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f ;ESCROW
SIGNATURE O SELLER SIGNATURE OF BUYER
51
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INSPECTION
-SIGNATURE OF JOINT OWNER _
APPLICATION APPROVED (DATE)
CITY HARBOR COORDINATOR _ -
- SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 1
- - OF THE MUNICIPAL CODE. - - - -
CITY OF NEWPORT BEACH, CALIF. Wx -FORM 66.1013 REV.
STATUS SHEET
HARBOR PERMITS
......... ......
1
�i.ocati on:
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2. �
Plumbing:
3.
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Electrical:
4.
Structural
V STATUS SHEET
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Date Application Rec'v: �`% Date Fee Rec'v:
Oral Requestfor`-Inspection
4. Structur
REMARKS:
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Inspector's Initials
aEW PORT
° { ; CITY OF NEWPORT BEACH
T - deland?. �q*, RT BEACH, CA 9265&8915
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qCI Fp RN�P
July 6, 1989
Residential Escrow
1470 Jamboree Road
Newport Beach, CA 92660
Harbor Permit 133-85
Sirs:
The City of Newport Beach Marine Department has received a request
to transfer pier permit #0133-85 for the property located at 85
Linda Isle, Newport Beach, CA. The facility was inspected on
7/6/89.
We cannot transfer the pier permit until the following
deficiency(ies) has/have been corrected and WE HAVE BEEN NOTIFIED
OF THE CORRECTION:
1. A City approved anti -syphon device is required at the water
connection to the pier and float. A drawing and description of
the device approved by the City is enclosed.
The City Harbor Permit Policies state:
10.D. "At the time of transfer, all harbor structures
shall be inspected for compliance with the City°s
minimum plumbing, electrical and structural
requiremenmts, and the conditions of the existing
permit. All structural deficiencies must be corrected
prior to transfer of the permit."
A permit for plumbing or electrical work must be obtained from the
Building Department of the City.
PLEASE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE
BEEN CORRECTED. When we have been notified, the structure will
again be inspected and when the requirements have been met the
pier permit will be transferred.
You can telephone 714-644-3044 to request a reinspection of the
structure. If you have questions, please call this number.
S�i,.n-ccerraly..,..
Tony�M lu.i p -X delands Administrator
3300 Newport Boulevard, Newport Beach
PO
CITY OF NEWPO T BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
cqC� Fo aN��
July 18, 1989
Residential Escrow
1470 Jamboree Road
Newport Beach, CA92660
Sirs:
The City of Newport Beach has received an application to transfer
Pier Permit 133-85 for the property located at 85 Linda Isle,
Newport Beach.
The structure was inspected on July 14, 1989, at which time it was
determined that it conforms to City standards.
When we have received the pier transfer card, signed by both the
previous owner and the new owner, and the $275 transfer fee, we
will transfer the pier permit.
For your information, a cover is needed over the electrical outlet
on the structure.
Sincerely,
�..
Tony 41 um'"'"
Tidelands
Administrator
3300 Newport Boulevard, Newport Beach