HomeMy WebLinkAboutM2014-004813!�— 107
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor
CALIFORNIA COASTAL COMMISSION
South Coast District Office e�
200 Occangate, 1 0th Floor
Long Beach; California 90802-4416
(562) 590-5071 FAX (562) 590-5084
IMPORTANT PUBLIC HEARING NOTICE
COASTAL PERMIT APPLICATION
PERMIT NUMBER: 5-14-1108
Page: I
DFPe#,pk1 r 24, 2014
COMMUNITY
OCT 2 7 2014
APPLICANT(S): Rocky & Julie Dixon DEVELOPMENT Z-
Op
DESCRIPTION: f �� N PO��
Demolition of an existing single-family residence and construction of a new 2,810 square -foot single-family
residence with a spa,landscaping and repairs to an existing seawall.
PROJECT LOCATION:
107 Harbor Island,Rewport Beach
HEARING DATE AND LOCATION:
DATE Friday, November 14, 2014
TIME Meeting Begins at 9:00a.m. ITEM NO :178d
PLACE Ocean Hotel & Spa
280 Capistrano Road, Half Moon Bay, Ca. 94019
PHONE (415) 407-3211
HEARING PROCEDURES:
This item has been scheduled 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. The Coastal Commission is not equipped to receive comments on any official business by
electronic mail. Any information relating to the official business should be sent to the appropriate
Commission office using U.S. Mail or courier service.
AVAILABILITY OF STAFF REPORT
A copy of the staff report on this matter will be available no later than 10 days before the hearing on the
Coastal Commission's website athttp://www.coastal.ca.gov/mtgcuff.html. Alternatively, you may
request a paper copy of the report from Shannon Vaughn, Coastal Program Analyst; at the South Coast
District Office.
SUBMISSION OF WRITTEN MATERIALS;
If you wish to submit written materials for review by the Commission, please observe the following
suggestions:
- We request that you submit your materials to the Commission staff no later than three working -days
before the hearing (staff will then distribute your materials to the Commission).
- Mark the agenda number of your item, the application number, your name and your position in favor or
opposition to the project on the upper right hand corner of the first page of your submission. If you do
not know the agenda number, contact the Commission staff person listed on page 2.
- If you wish, you may obtain a current list of Commissioners' names and addresses from any of the
Commission's offices and mail the materials directly to the Commissioners. If you wish to submit
materials
Page: 2
Date: October 24, 2014
IMPORTANT PUBLIC HEARING NOTICE
COASTAL PERMIT APPLICATION
directly to Commissioners, we request that you mail the materials so that the Commissioners receive the
materials no later than Thursday of the week before the Commission meeting. Please mail the same
materials to all Commissioners, alternates for Commissioners, and the four non-voting members on the
Commission with a copy to the Commission staff person listed on page 2.
- You are requested to summarize the reasons for your position in no more than two or three pages, if
possible. You may attach as many exhibits as you feel are necessary.
Please note: While you are not prohibited from doing so, you are discouraged from submitting written
materials to the Commission on the day of the hearing, unless they are visual aids, as it more difficult
for the Commission to carefully consider late materials. The Commission requests that if you submit
written copies of comments to the Commission on the day of the hearing, that you provide 20 copies.
ALLOTTED TIME FOR TESTIMONY:
Oral testimony may be limited to 5 minutes or less for each speaker depending on the number of persons
wishing to be heard.
ADDITIONAL PROCEDURES:
jue move item maybe moved to the Consent Calendar for this Area by 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 actions 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 Shannon Vaughn, Coastal Program_
Analyst, at the South Coast District Office.
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3044 / Fax (949) 723-0589
HARBOR PERMIT/APPROVAL IN CONCEPT
HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH
as required for permit application to the South Coast Regional Commission pursuant to
California Administrative Code, Sections 13210 and 13211.
General Description of Proposed Development: Repair and replace existing
seawall. Construct a reinforced cantilevered concrete deck atop the coping of the
new seawall.
Address number must be stenciled on at least 1 bayward facing pile.
Pier conditions must be signed by applicant prior to tinal approvai.
Prooerty Address: 107 Harbor Island Road
Legal Description:
Harbor Permit Number: 135-107
Plan Check Number: 1448-2014
Applicant: Rocky & Julie Dixon
Applicant's Mailing Address: 115 Harbor Island Road
Phone Number: 949-718-3528- Patrick Austin
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application.
Page 1 of 2
And find
They comply with the current adopted Newport Beach General Plan, Municipal
Code, Title 17 and any applicable specific or precise plans or,
❑ That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the
Municipal Code or other regulations in any manner that would affect the use of the
property or the design of a project located thereon, this Approval In Concept shall
become null and void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted thereunder, this development:
X Has been determined to be ministerial or categorically exempt.
❑ Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
❑ Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
harbor permit and a building permit have been given and are final. The development is
not subject to rejection in principal by Newport Beach unless a substantial change is
proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
Special Conditions.
Lisa Walters, Harbor Resources
July 7, 2014
Attachments:
Worksheet for Building Permit Application
Drawing
Page 2 of 2
Print Form
F __ Comm'I ;}Residential
Worksheet for Building Combo Permit Application
City of Newport Beach - Building Division
NOTE: PLAN CHECK FEE DUE AT TIME OF SUBMITTAL_
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Building r Grading Drainage Elec I-- Mech
I Plum Cu Yd Cuti . At D Cu Yd Fill
Project Address (Not mailing address)
- �(jNFloor Suite No
107 -1-1 o4 15Z_AAJD P-0
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Description of Work
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___
Use �
-
# Storiesi # Units (if Res)!
valuation $
MateriaULaborf:_:._15 t .
------- -- - - - -- - - -- -
New/Add SF 222 Remodel SF Garage/New/Add
OWNER'S NAME-------------------_._..---
LastI XOAJ
------------ --_.
First ;
Owner's Address
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Owners E-mail Address
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APPLICANT'S NAME Last AUsZ'!)
First;
Applicant's Address
Applicant's E-mail Address
City State i
Zip l�Z� Telephone' W-1- 7J0
ARCHITECT/DESIGNER'S NAME Last GNIr-125
First G-(AYTHI1'� Lic. No. C -ZZ`ff S
Architect/Designers Address
Architect/Designers E-mail Address
2732- L-�15T Cg95T 141,WL-11Y SLi � GGH1LF75 G� GG��2GNr1EG7 -Gor�l
City C j2O� rA StateZip
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ENGINEER'S NAME Last
First �- rf�� Lic. No.
Engineer's Address
Engineers E-mail Address
2 3 u rrc 25O
City �Y-�'dQ�3J State `�¢
Zip 50 Telephoned
CONTRACTOR'SNAME/COMPANY
- -.� _
Lic. No. Class
Contractors Address
Contractors E-mail Address
r
City. State i
Zip ; Telephone
ENERGY PIC FEE $ FIRE P/C FEE $
PERMIT NO.
GRADING P/C FEE 5 PLANNING P/C FEE $
PLAN CHECK NO.
ELEC/PLUM/MECH P/C FEE $
PLAN CHECK FEE $
DEVELOPMENT #
TOTAL FEES PAID $
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DIVE WORKS (949) 759-0773
107 Harbor Island Rd
P.O. BOX 21238 Newport Beach, CA
Long Beach, CA 90801 Pre Construction Survey June 27, 2014
Pat Austin
Cynthia Childs, Architect
2732 East Coast Highway, Suite B
Corna Del Mar CA 92625
(949) 718-3528
Cell: (714) 322-6616
Subject: Pre -Construction Eelgrass (Zostera marina) and Caulerpa (Caulerpa
tax/folia) Survey Report at 107 Harbo Island Rd., Newport Beach, California
Summary:
Eelgrass patches (Zoster marina) were observed in subject area noted above.
Caulerpa (Caulerpa Taxifolia) was not observed in subject area noted above.
This is a Pre -Construction report as required in accordance with the Southern California Eelgrass
Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California
Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea
grass beds that play a role in the life cycle chain for marine life to reproduce. This survey assists
development projects by contractors like you to conduct activities in conjunction with best
management practices (BMPs) concerning impact and management for promoting eelgrass and
controlling the spread of Caulerpa. Responsible development by contractors like you helps protect
these sensitive marine ecosystems, which in turn, protect our ocean resources.
Thank you. If you have any questions please feel free to contact us.
Respectfully,
R�I�u�J
DiveWork@gmail.com
(949) 759-0773
PRE CONSTRUCTION SURVEY
Page 1 of 17
DIVE WORKS (949) 759-0773
107 Harbor Island Rd
P.O. Box 21238 Newport Beach, CA
Long Beach, CA 90801 Pre Construction Survey June 27, 2014
Rocky & Julie Dixon
107 Harbor Island Rd
Newport Beach, Ca
Cynthia Childs, Architect
Costa Mesa, California
Pre -Construction Survey
Survey Conducted
by
Dive Works
Robert Wiegand
Survey assistance by
Sean Donovan
PRE CONSTRUCTION SURVEY
Page 2 of 17
List of Figures
Figure 1. Location of 107 Harbor Island Rd., Newport Beach, California
..................................................................................................................... 10
Figure 2. Dive transects, eelgrass presence, quadrat location in dock slip June 27, 2014
................................................................................................................... 11
List of Tables
Table 1. Tides and Currents
........................................................................................................................................ 12
Table 2. Baseline evaluation of depth, length of turions and density of turions in quadrats in the
dock slip. Evaluation is based on quadrat reading of left to right in Figure 2.
......................................................................................................................................... 12
Table 3. Bounding Coordinates
......................................................................................................................................... 13
Surveys
Caulerpa Survey
.................................................................................................................. 14
Eelgrass Survey
.................................................................................................................. 16
PRE CONSTRUCTION SURVEY
Page 3 of 17
DIVE WORKS
(949) 759-0773
r
P.O. BOX 21238
107 Harbor Island Rd
Newport Beach, CA
F,l�2 Long Beach, CA 9oso1
Inc, ,t.►�
Pre Construction Survey June 27, 2014
CONTENTS
Introduction
5
Location
6
Purpose
6
Survey Method
6
Bounding Coordinates
8
Description of Existing Habitats
8
and Conditions
Findings
10
Discussion
10
Conclusion
12
List of Figures
Figure 1. Location of 107 Harbor Island Rd., Newport Beach, California
..................................................................................................................... 10
Figure 2. Dive transects, eelgrass presence, quadrat location in dock slip June 27, 2014
................................................................................................................... 11
List of Tables
Table 1. Tides and Currents
........................................................................................................................................ 12
Table 2. Baseline evaluation of depth, length of turions and density of turions in quadrats in the
dock slip. Evaluation is based on quadrat reading of left to right in Figure 2.
......................................................................................................................................... 12
Table 3. Bounding Coordinates
......................................................................................................................................... 13
Surveys
Caulerpa Survey
.................................................................................................................. 14
Eelgrass Survey
.................................................................................................................. 16
PRE CONSTRUCTION SURVEY
Page 3 of 17
DI`lE WORKS (949) 759-0773
P.O. sox 21zs8 107 Harbor Island Rd
Newport Beach, CA
Long Beach, CA 90801 Pre Construction Survey June 27, 2014
PRE -CONSTRUCTION SURVEY
Introduction.
This current Pre -Construction Eelgrass survey was conducted to determine existence of and
potential impacts to eelgrass habitat with project site. Proposed project is to replace existing sea
wall with Jetted Concrete Panels.
Even in cooler waters, 61' deg F, eelgrass is growing faster than what would have been expected
in this area (average water temperature range is 580-620 deg F, see Description of Existing Habitat
and Conditions -Temperature). At time of survey water temperature was 70 deg F which is warmer
temperature which promotes eelgrass growth.
The following report will detail the eelgrass habitat expansion and address some of the reasons for
this expansion. It is noted that we are still in early summer and summer temperatures are being
recorded above average. Based on these findings it may be assumed eelgrass will continue to
increase in density and area.
Please note, as- is typical of eelgrass in Newport Harbor, conditions will vary at any time. This
survey was completed within the eelgrass growing season and per the Southern California Eelgrass
Mitigation Policy (SCEMP).
Location
The customer (Rocky & Julie Dixon) at 107 Harbor Island Rd., Newport Beach, California is
proposing to replace existing sea wall see Figure 1 below.
Purpose
This is a Pre -Construction survey report addressing one of the requirements under the SCEMP to
establish a baseline for the density and extent of eelgrass for the purpose of evaluating future
proposed impacts on existing natural habitat, in particular eelgrass within the waters of the United
States (U.S.), in Newport Harbor, California (Refer to Figure 1).
Please note that this survey report is not a scientific research paper. This report is provided to a
private individual with limited resources for the purpose to comply with the SCEMP.
Survey Method
The survey was conducted on the following date:
June 27, 2014 beginning at approximately 0800 hr. The survey day was overcast with an air
temperature of 77° Fahrenheit (F). Water temperature was 70° F.
PRE CONSTRUCTION SURVEY
Page 4 of 17
DIVE WORKS (949) 759-0773
P.O. Box 21238 107 Harbor Island Rd
Newport Beach, CA
Long Beach, CA 90801 Pre Construction Survey June 27, 2014
Pursuant to SCEMP, Section 3 for "Mitigation"', eelgrass habitats and surrounding potential habitats
were measured.
Determining sample size is complex. The dock slip was reviewed from the surface and a
determination of sample size was completed prior to conducting the survey. Sample size was
confirmed after a thorough evaluation of the potential eelgrass habitat within the dock slip was
completed. No additional quadrats were felt to be needed to provide reliable survey results of the
potential and impact area and changes that could occur in the future.
A total of 9 quadrats were placed in approximately 5,000 square feet (1,524 meters square) of the
sample area (i.e., dock slip). The sample size was believed to be adequate because of the pattern
of the eelgrass between bulk head and pier head lines. Expected eelgrass patterns, although ever
changing, are expected to be fairly similar.
For the impact area under at the bulk head to the beach head (approximately 1,200 square feet)
was dry land at time of dive. Area dove where water was present was approximately 3,800 square
feet where a total of 9 quadrats (V foot square) were taken as samples for a sampling size of .2
percent (9 square feet sample size/3,800 square feet area of potential impact Refer to Figure 2
Table 2). Thus, the largest sample area would be where it is important to measure impacts of the
eelgrass habitat in and around existing dock slip.
Determining location and placement of 9 quadrats as per requirements of SCEMP is complex and
must be completed using numerous considerations, in addition to considerations of habitat
suitability, primarily in association with the level of expected impact from the proposed project. After
an initial over -water and under -water review of the eelgrass area, quadrant locations were selected
representing a range of suitable habitat, potential habitat and anticipated impacts to eelgrass habitat
from the gangway within the dock slip. (Refer to Figure 2).
As described above, a total of 9 quadrants were placed within and around the entire dock slip (3,800
square feet of water covered sediment). Each quadrant measured one square foot (0.3 meter) and
was used to measure eelgrass density. They were placed in depths of 2 feet (0.6 meters) to 8 feet
(2.5 meters) depending on time of dive (Refer to Figure 2). Eelgrass in Southern California has
been found in depths of up to 98 feet (27.8 meters)2; however, eelgrass is primarily found up to 20
feet (6.0 meters) in depth in this type of sheltered intertidal habitat3, and therefore representative
depths found within the dock slip were selected, including potential habitat found within the dock
slip. Due to limited private individual resources, a basic assumption was made to were eelgrass
presence is considered to be the most likely area to support suitable eelgrass habitat within the
surveyed area in the future. (Refer to Figure 2). Other considerations must be discussed as there
are factors within this dock slip that appear to be limiting the growth of eelgrass beyond a certain
depth (Refer to Figure 2 and the Discussion section of this report below).
1 The project applicant shall map thoroughly the area, distribution, density and relationship to depth contours of any
eelgrass beds likely to be impacted by project construction. This includes areas immediately adjacent to the
project site which have the potential to be indirectly or inadvertently impacted as well as potential eelgrass habitat
areas. Potential habitat is defined as areas where eelgrass would normally be expected to occur but where .no
vegetation currently exists. SCEMP 1991.
2 California Department of Fish and Game. State of Fisheries Report (2008).
3 California Department of Fish and Game. State of Fisheries Report (2008).
PRE CONSTRUCTION SURVEY
Page 5 of 17
DIVE WORKS (949) 759-0773
P.O. sox 21238 107 Harbor Island Rd
Newport Beach, CA
Long Beach, CA 90801 Pre Construction Survey June 27, 2014
The survey area was delineated as 80 feet by 60-80 feet (5,000 square feet approximately). Diver
transects were parallel to the sea wall starting at end of dock to beach head or 60 feet out from beach
head, thus 12 transects (2 divers spaced approximately 1 foot apart. Lanes ran parallel to sea wall
and the width of each lane was 5 feet wide) were conducted (Refer to Figure 2). The survey was
conducted covering the entire area to ensure >75% coverage of bay floor. A 1' square (0.3 meter
square) grid was used to take quadrant samplings. (Refer to Figure 2 and Table 2).
Based on location of dock slip and eelgrass habitat, 6 of the 9 qaudrats were placed at each
eelgrass location in and around dock slip. (Refer to Figure 2 & Table 2). As per the SCEMP and
due to the size of the dock slip, 3 other potential eelgrass habitats were also measured at or around
the head walk of dock slip.
Bounding Coordinates
Bounding Coordinates for existing eelgrass are calculated as per requirements of SCEMP and are
listed in Tables 3.
Description of Existing Habitat and Conditions
According to SCEMP, Section 3, "Mitigation", factors to be considered in delineating potential
habitat areas include appropriate circulation, light, sediment, slope, salinity, temperature, dissolved
oxygen, depth, proximity to eelgrass, history of eelgrass coverage, and etc. The data in this report
is compared with the data of habitat in P.L.A. Erftemeijer and K.E. van de Wolfshaar (2006) report
that describes minimum tolerated, optimum range and maximum tolerated conditions for Zostera
marina eelgrass and personal experience of diving in Southern California Bays. (Refer to Dive
Observations and Discussion below)4. Please note that in general, abiotic parameters are
generally stable year around for this site location.
Dive Observations of 107 Harbor Island Rd., Newport Beach:
Depth: Depth ranged depending on time of survey due to tide from beach head at sea wall to 8 feet
at end of survey area at a length of 80 feet out from sea wall. (Refer to Figure 2.
Appropriate Circulation: Circulation in this particular dock is likely similar to the circulation pattern in
the main channel of the Newport Harbor because of proximity between the water bodies.
Light: Within the dock slip, visibility was 3 feet and murky due to particulate matter in water. The
origin of the particulate matter is unknown, but is likely to be the same as the condition in the nearby
Harbor channel.
Sediment: The survey area bottom substrate was sand and dirt (sediment). Detailed analysis is not
available due to lack of financial resources of the land holder and the size of the project.
4 P.L.A. Erftemeijer and K.E. van de Wolfshaar. May, 2006. Ecological model of the Lagoon of Venice. Part III.
Seagrass Habitat Model.
5 Richard F. Ford Ph.D. April 4, 2003. Recommended Options for Maximum Water Temperature Limits and Minimum
Dissolved Oxygen limits at a Compliance Point for Discharges from the South Bay Power Plant in San Diego Bay,
Necessary to Protect Beneficial Uses
PRE CONSTRUCTION SURVEY
Page 6 of 17
V, woR
DIVE WORKS (949) 759-0773
sox 21238 1 Newport Beach CA
Long Beach, ca 90801 Pre Construction Survey June 27, 2014
Salinity: Salinity would be expected to be the same in the dock slip as in Newport Harbor.
Temperature: Water temperature variation ranges from 580 to 62° F in Newport Harbor (Refer to
NOAA: Water Temperature Table of All Coastal Regions). Water temperature can likely be
higher due to factors not observed in this survey such as water temperature of tides entering and
leaving Newport Harbor, or the direct effect of warm day time temperatures that did occur during
the 2013 eelgrass growing season, thus, resulting in a higher than average water temperature of
700 deg F for this Pre -Construction Eelgrass Survey.
Dissolved oxygen: Hypoxia, which is generally defined as dissolved oxygen levels that are less than
2 to 3 mg/L and creates dead zones where this condition is present in some locations of Newport
Harbor from water runoff of Newport Beach City. Dissolved oxygen can range from 4.2 mg/L to
10.3 mg/L due to several Abiotic factors. What is important here is this range is acceptable for
eelgrass habitats. At time of survey dissolved oxygen was approximately 6.1 mg/L using the
LaMotte Dissolved Oxygen Test Kit. The data in this report is compared to the data of habitat in
Recommended Options for Maximum Water Temperature Limits and Minimum Dissolved Oxygen
limits at a Compliance Point for Discharges from the South Bay Power Plant in San Diego Bay,
Necessary to Protect Beneficial Uses April 4, 2003, Richard F. Ford, Ph. D. 5 Please note that in
general, abiotic parameters are generally stable year around for this site location.
Depth: The depth of the eelgrass habitat measures between Beach Head and 8 feet, while the
depth of the potential eelgrass habitat measures 4-8 feet in depth. (Refer to Figure 2).
Proximity to eelgrass coverage: The potential eelgrass habitat is located immediately adjacent to
the eelgrass habitat so eelgrass has the potential to spread.
Low Tide Exposure: Optimum conditions for eelgrass habitat include less than 0 to 5 percent of the
time for low tide exposure. Due to the dock's location in the southern portion of Newport Harbor,
the dock slip does not have any low tide exposure and an all day sun exposure.
Slope: Slope descent increases as distance increases from sea wall. The slope of survey site
bottom depth starts at sea wall where the depth is +2 feet (Refer to Figure 2) out 80 feet to a depth
of -8 feet for a total difference of 10 feet. The slope from sea wall to beach head is 10 percent. The
potential eelgrass (eelgrass absence) habitat slopes from 20 feet (0 foot depth) to 80 feet (8 feet in
depth) and has a slope of 13.3 percent. There is little difference in slope between the eelgrass
habitat and the potential eelgrass habitat. The contour of bottom is a slow descent from sea wall at
a slightly increasing rate but paralleling the length of the sea wall the contour of bottom and its
depth is uniform inside project site.
Circulation: Please note that this tide information is not exact as circulation is difficult to estimate in
the Newport Harbor because there are no gauges available in that area. However, circulation would
be anticipated to be similar as in the Newport Harbor Channel.
Fauna: Observation included common species of Newport Harbor mussels on piles -5 and common
5 US Army Corps of Engineers. Biological Report 82(11.84). Life Histories and Environmental Requirements of Coastal
Fishes and Invertebrates (Pacific Southwest); California Sea Mussel and Bay Mussels.
PRE CONSTRUCTION SURVEY
Page 7 of 17
DIVE WORDS
P.O. BOX 21238
Long Beach, CA 90801
round rays (Urobatis halled, rays)6.
(949) 759-0773
107 Harbor Island Rd
Newport Beach, CA
Pre Construction Survey June 27, 2014
Other factors effecting eelgrass growth is visibility, dissolved oxygen, and water depth. Some
areas of Newport Harbor show signs of hypoxia and no marine life exists in these areas due to
water run-off from the city. A complete study of dissolved oxygen in Newport Harbor has not
been conducted but having dived nearly 50% of the Bay since 1995 and observed large areas
devoid of much of the marine life. The need to monitor and protect our marine life is paramount
in Newport Harbor.
Findings
Caulerpa: No caulerpa was observed (see attached Caulerpa Survey Reporting Form).
Eelgrass: Eelgrass was observed within the dock slip. (Refer to attached Eelgrass Survey
Reporting Form and Figures 2).
This Pre -Construction survey found eelgrass distribution patchy on June 27, 2014 (Refer to Figure
2). Eelgrass density and uniformity with the beginnings of migrating into potential habitat area
around dock slip (Refer to Figure 2). Density and length throughout survey area was also uniform
with a slight decrease in length and density of eelgrass after the 6 foot depth. After the 8 foot depth
mark no eelgrass was observed while diving further out from the sea wall towards the channel.
Near sea wall at the 4 foot depth and going out to the 8 foot depth, eelgrass was approximately 1-
36 turions per square meter and approximately 6 inches to 3 feet in length. The density varied
throughout survey area and did not appear to be dependent on depth.
Due to murky water pictures were blurry, nothing observable.
Sample quadrats are depicted as blue stars (q1 through q9) in Figure 2, that helped determine
eelgrass distribution, eelgrass density in relation to depth, and eelgrass lengths, including sediment
type, slope and contour of bottom.
Discussion:
First, it is important to understand that SCEMP requires a level of assessment in accordance with
the level of impacts, and does not require an exhaustive research report. It was felt in this report
that a trend be shown regarding eelgrass density and distribution in order to determine if eelgrass is
receding, staying the same, or expanding. The observational survey report should provide a
baseline for evaluation of future impacts to eelgrass. The survey should provide an assessment of
the survey site such that the baseline can be used to adequately assess impacts to eelgrass in the
future. Thus, a selection of sample size and evaluation of the quadrats are of primary importance.
Second, it is important to know this Pre Construction Survey report is for the purpose of permitting
the replacement of this properties sea wall.
6 Allen, Larry G., Amy M. Findlay, and Carol M. Phalen. 2002. Structure and Standing stock of the Fish Assemblages of
San Diego Bay, California from 1994 to 1999. Bulletin of Southern California Academy of Science. 101(2), 2002. Pp 49-
85,
PRE CONSTRUCTION SURVEY
Page 8 of 17
DIVE WORKS (949) 759-0773
P.O. sox 21238 1 Newp0rtt Beach, CA
Long Beach, CA 90801 Pre Construction Survey June 27, 2014
The distribution of eelgrass within bay and estuarine systems is defined by numerous variables,
including light, temperature, salinity, substrate, wave exposure, currents and nutrient availability.
Eelgrass forms extensive meadows in soft -bottom habitats from the low intertidal to depths of about
20 feet (6 meters), and from sheltered areas to exposed coasts. In southern California, eelgrass has
been reported to occur as deep as 98 feet (30 meters). Optimum temperatures for eelgrass growth
seem to lie between 50 and 680F (10 and 20°C). However, eelgrass is known to survive with a lower
tolerance level of 21°F (-60C) and an upper level of 104.90F (40.50C). Eelgrass is a euryhaline
species (able to live in a wide range of salinities) that is capable of growing near stream mouths
when the water is fresh at low tide, but does not grow in persistent fresh water. A salinity range of
10 to 30 parts per thousand is optimum for growth.7
In general, low circulation (<5 cm/second) to medium circulation (20 — 40 cm/second) is considered
an optimum range of circulation for eelgrass to grow$. Circulation may increase in the main Bay
channel, which could account for lack of eelgrass in the outer portion of the dock slip, although
there are likely other causes for this lack of eelgrass in the potential eelgrass habitat of the dock,
which cannot be fully analyzed due to limited resources of the customer. However, circulation would
be expected to be suitable to support eelgrass.
Reduction in light due to turbidity has been identified as a major cause of the loss of sea grasses
worldwide (Shepherd et al., 19899; Green and Short, 200310). Particulate matter in Newport Harbor
is high, but is likely equal in all areas of the dock slip. Visibility in Newport Harbor is low due to an
increased density of particulates in the sea water. Low visibility has effect on sunlight penetration
into water and is a limiting factor for eelgrass existing at deeper than 12-15' depths. This
measurement varies throughout Newport Harbor.
Sediment is a general term, which in this case is used in describing Newport Harbor bottom make
up which sediment is in this case made up of sand and dirt. No observation of clay or boulders or
gravel has been noted while diving throughout Newport Harbor docks. There is bedrock that does
exist and sometimes some form of obstruction whether rocks/boulders/refuse at varying depths
roughly averaging 20 feet below bottom existing slowing down pile installations. This bedrock does
not appear to have a visible impact on the surface of the bottom of Newport Harbor water ways.
Based on my experience of conducting surveys in the Newport Harbor, a pattern exists where it is
common in some areas of the Newport Harbor for eelgrass to grow under gangways. My
observations indicate that eelgrass grows under docks with gangways having a north — south
orientation and allows for the sun to shine underneath the dock a large part of the day due to the
angle of the sun overhead tracking in a westerly direction. This survey does not show this trend.
7 California Department of Fish and Game. State of Fisheries Report (2008).
s P.L.A. Erftemeijer and K.E. van de Wolfshaar. May, 2006. Ecological model of the Lagoon of Venice. Part III.
Seagrass Habitat Model.
9 Shepherd, S.A., A.J. McComb, D.A. Bulthuis, V. Neverauskas, D.A. Steffensen and R. West, 1989. Decline of
seagrasses. In: A.W.D. Larkum, A.J. McComb and S.A. Shepherd (Eds.) Seagrasses: A Treatise on the
Biology of Seagrasses with Special Reeference to the Australian Region. Elsevier, North Holland, pp.
346387.
10 Green, E.P. and F.T. Short, 2003. World Atlas of Seagrasses. Prepared by the UNEP World Conservation
Monitoring Centre. University of California Press, Berkeley, USA, 298 pp.
PRE CONSTRUCTION SURVEY
Page 9 of 17
Conclusion
DIVE WORKS (949) 759-0773
P.O. BOX 2123$ 107 Harbor Island Rd
Newport Beach, CA
Long Beach, CA 90801 Pre Construction Survey June 27, 2014
A total of 9 quadrats were placed in 107 Harbor Island Rd., Newport Beach, California. Six of the
quadrats were placed in the eelgrass impact zone (Refer to Figure 2 & Table 2). In addition to the
general results of the survey, the results in Table 2 of each quadrat should be used in evaluating
any future surveys conducted and potential future mitigation. The cause of the lack of eelgrass
under a portion of the dock slip cannot be specifically identified by observations or anecdotal
accounts.
Figure 1. L
PRE CONSTRUCTION SURVEY
Page 10 of 17
PRE CONSTRUCTION SURVEY
Page 11 of 17
9� -C. WoAk
si G
s�
DIVE WORKS
P.O. BOX 21238
Long Beach, CA 90801
(949) 759-0773
107 Harbor Island Rd
Newport Beach, CA
Pre Construction Survey June 27, 2014
Table 1. Below depicts tide at + 1.0' ft MLLW during the survey. Additionally, tidal variations
are also included. June 27, 2014
NEWPORT BAY ENTRANCE, CORONA DEL MAR, CA Statlonld: 9410580
Daily Tide Prediction in Feat _
6.80
Time Zone:
LSTILDT
4
5
6
0.@A
Datum: NILLVJ
9
Length of Turions
8" - 2'
10" - 2.6'
Date,[���v
Tittle tlg� .'
4.60
46/27 Fri
44:27 AM -0,64 L
3.80
46127 Fri
14:54 AM 3.85 H
2.00
46127 Fri
43:39 PM 2.47 L �y
46127 Fri
09.49 PM 5.91 H
x.60
06,128 Sat
44;59 AM -4.54 L 2-
0.80
46128 Sat
as
11:28 AM 3.87 H z
15-36
-1.00
46128 Sat 44:14 PM 2.12 Li 88127 05127 00/27 96/27 no/28 A6/28 06/28 05/28 86/23
46128 Sat 14:22 PM 5.72 H' 12an Can 12pn 6pn 12an Ban 12pn Opn 12an
__.. Date/Tins (LST/LOT)
Bac
Table 2. Baseline evaluation of depth, length of turions and density of turions in quadrats in
the dock slip. Evaluation is based on quadrat readina of left to riaht in Figure 2.
Quadrat
1
2
3
4
5
6
7
8
9
Length of Turions
8" - 2'
10" - 2.6'
8"
6" - 1.6'
6" - 1'
10" - 3-
'Photo
Photograph
ra h
Turions/
10
12
1
3
3
15-36
Quadrat
Depth in Feet
8
8
7
7
6
5
Quadrants in Impact
Area
Quadrants in Eelgrass
Habitat
x
x
x
x
x
x
Quadrats in Potential
Eelgrass Habitat
x
x
x
The photographs of eelgrass in the sample quadrats below are representative of the type of
eelgrass coverage within the eelgrass habitat in the dock slip. (Refer to Figure 3).
PRE CONSTRUCTION SURVEY
Page 12 of 17
DIVE WORKS
P.O. BOX 21238
Long Beach, CA 90801
Table 3. Bounding Coordinates
(949) 759-0773
107 Harbor Island Rd
Newport Beach, CA
Pre Construction Survey June 27, 2014
EELGRASS SPECIFIC LOCATIONS
Square Feet
Patch
Latitude and
Universal Transmercator
(Square Meters)
Longitude
Zone 11 Hemisphere N. NAD 83
Density (Turions sqM-Length
Q1
33.611072,
Easting
10 Turions - 8" to 2' long
-117.901297
Northing
2 feet x 2 feet Patch
Q2
33.610959,
Easting
12 Turions - 10" to 2.6' long
-117.901315
Northing
3 feet x 3 feet Patch
Q3
33.610978,
Easting
1 Turions - 8" long
-117.901294
Northing
Q4
33.611115,
Easting
3 Turions - 6" to 1.5' long
-117.901217
Northing
Q5
33.610959,
Easting
3 Turions - 6" to 1' long
-117.901261
Northing
Q6
33.611016,
Easting
5-12 Turions - 10" to 3' long
-117.901211
Northing
6 feet x 6 feet Patch
PRE CONSTRUCTION SURVEY
Page 13 of 17
DIVE WORKS (949) 759-0773
P.O. sox 21zss 107 Harbor Island Rd
Newport Beach, CA
Long Beach, CA 90801 Pre Construction Survey June 27, 2014
Caulerpa Survey Reporting Form
This form is required to be submitted for any surveys conducted for the invasive exotic algae, (Caulerpa)
which is required to be conducted under federal and/or state permits and authorizations issued by the U.S.
Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The
form has been designed to assist to identify and control any potential impacts of the authorized actions on
the spread of Calupera. Surveys required to be conducted for this species are subject to modification
through publication of revisions to the Calupera survey policy. It is incumbent upon the authorized permittee
to ensure that survey work is following the latest protocols. For further information on these protocols,
contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California
Department of Fish & Game, 858-467-4218. This survey is valid for (60) sixty days from March to August
and valid for (90) ninety days from August to October. For information regarding this survey please contact
Robert Wiegand, Dive Works Diving Service at 949-759-0773.
Required Information:
PRE CONSTRUCTION SURVEY
Page 14 of 17
107 Harbor Island Rd
Site Name:
Nepwort Beach, California
Robert Wiegand
Survey Contact:
(949) 759-0773
DiveWork@Gmail.com
Permit Reference:
(ACOE Permit No., CCC Permit
No.)
Hydrographic System:
Newport Harbor
(bay, estuary, lagoon, or harbor)
Specific Location:
(UTM, Lat./Long., datum,
Not observed
accuracy level, attach electronic
survey area map if possible)
Yes, Caulerpa was found at this site and
Was Caulerpa Detected:
Has been contacted on date.
xxxx No, Caulerpa was not found at this site
Description of Permitted Work:
(describe briefly the work to be
conducted at the site under the
Pre -Construction Survey - to permit sea wall replacement
permits identified above)
PRE CONSTRUCTION SURVEY
Page 14 of 17
DIVE WORKS (949) 7540773
P.O. BOX 21238
Long Beach, CA 90801
107 Harbor Island ltd
Newport Beach, CA
Pre Construction Survey June 27, 2014
Caulerpa Survey Reporting Form (Cont.)
Description of Site:
(describe the physical and
biological conditions within
the survey area at the time
of the survey and provide
Depth range: 0'— 8'
Bottom is sediment composed of
insight into variability, if
sand and dirt.
known. Please provide units
for all numerical
information).
Substrate type:
Sediment is sand and dirt
Temperature:
June 27, 2014 Air 77°, Water 70°
Dissolved Oxygen:
Average 6.1 m /L
Salinity:
Newport Harbor salinity
Dominant flora:
Eelgrass
Dominant fauna:
Common Bay mussels, round rays
Exotic species encountered
None
- Cauler a
Other site description notes:
Description of Survey
Effort: (please describe the
surveys conducted
including type of survey
(SCUBA, remote video,
Survey date and time
Survey conducted using SCUBA
etc.) and survey methods
period:
>75% area including bottom
employed, date of work,
surveyed.
and survey density
DATE: June 27, 2014
Refer to the above report.
(estimated percentage of
TIME : 0800 AM
the bottom actually viewed).
Describe any limitations
encountered during the
survey efforts.
Horizontal visibility in water:
3 feet
Survey type and methods:
SCUBA
Survey Personnel:
Robert Wie and, Sean Donovan
Survey density:
None noted
Survey limitations:
None noted
Other Information: (use
this space to provide any
additional information or
Refer to the above report.
references to attached
materials such as maps,
reports, etc.
Cau/erpa Survey Reporting Form (version 1.2, 10131104)
PRE CONSTRUCTION SURVEY
Page 15 of 17
��� wfl'
Ile, 1-
DIVE WORKS
P.O. BOX 21238
Long Beach, CA 90801
(949) 759-0773
107 Harbor Island Rd
Newport Beach, CA
Pre Construction Survey June 27, 2014
Eelgrass Survey Reporting Form
This form is required to be submitted for any surveys conducted for Eelgrass which is required to be
conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers
and the Coastal Commission and required for review by Marine Bureau and Planning Department. The form
has been designed to assist in identifying eelgrass while ensuring that the required information is
consistently documented. Surveys required to be conducted for this species are subject to modification
through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee
to ensure that survey work is following the latest protocols. For further information on these protocols,
contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California
Department of Fish & Game, 858-467-4218. This survey is valid for (60) sixty days from March to August
and valid for (90) ninety days from August to October. For information regarding this survey please contact
Robert Wiegand, Dive Works Diving Service at 949-759-0773.
Re uired Information:
PRE CONSTRUCTION SURVEY
Page 16 of 17
107 Harbor Island Rd
Site Name:
Nepwort Beach, California
Robert Wiegand
Survey Contact:
(949) 759-0773
DiveWork@Gmail.com
Permit Reference:
(ACOE Permit No., CC Permit
No.)
Hydrographic System:
(bay, estuary, lagoon, or
Newport Harbor
harbor
Specific Location:
(UTM, Lat./Lang., datum,
accuracy level, attach
See Table 3 for Bounding Coordinates
electronic survey area map if
possible)
Was Eelgrass Detected:
Eelgrass within 15' of project / disposal site
xxx Eelgrass within 15'-30' of project / disposal site
No eelgrass in project / disposal site
Description of Permitted
Work:
(describe briefly the work to be
Pre -Construction Survey - to permit sea wall replacement
conducted at the site under the
permits identified above
PRE CONSTRUCTION SURVEY
Page 16 of 17
DIVE WORKS (949) 759-0773
P.O. sox 21238 107 Harbor Island Rd
Newport Beach, CA
Long Beach, CA 90801 Pre Construction Survey June 27, 2014
Eelgrass Survey Reporting Form (Cont.)
Description of Site:
(describe the physical and
biological conditions within
the survey area at the time of
Depth range: 0'— 8'
Bottom is sediment composed of sand
the survey and provide
and dirt.
insight into variability, if
known. Please provide units
for all numerical information).
Substrate type:
Sediment is sand and dirt
Temperature:
June 27, 2014 Air 770, Water 700
Dissolved Oxygen
Average 6.1 m /L
Salinity:
Newport Harbor salinity
Dominant flora:
Eelgrass
Dominant fauna:
Common Bay mussels, round rays
Exotic species
encountered
none
Other site description
notes:
Description of Survey
Effort: (please describe the
surveys conducted including
type of survey (SCUBA,
Survey date and time
remote video, etc.) and
period:
survey methods employed,
Survey conducted using SCUBA
date of work, and survey
DATE: June 27, 2014
>75% area including bottom surveyed.
density (estimated
TIME :0800 AM
percentage of the bottom
actually viewed). Describe
any limitations encountered
during the survey efforts.
Horizontal visibility in
3 feet
water:
Survey type and
SCUBA
methods:
Survey Personnel
Robert Wie and, Sean Donovan
Survey density:
1-36 turions/square meter in eelgrass
habitat.
Survey limitations:
None noted
Other Information: (use this
space to provide any
additional information or
references to attached
materials such as maps,
reports, etc.
Eelgrass Survey Reporting Form (April 2009)
PRE CONSTRUCTION SURVEY
Page 17 of 17
Date: May 3, 2013
DIVE WORKS (949) 759-077
107 Harbor Island Rd
429-0 Shoreline Village Drive Newport Beach, CA
Long Beach, CA 90802
Swift Slips
2027 Placentia Avenue
Costa Mesa, CA 92627
Preliminary Survey
Subject: Preliminary Eelgrass (Zosters marina) Survey Report and Caulerpa Taxifolia Survey
107 Harbor Island Rd., Newport Beach CA
No Eelgrass patches were observed in subject area noted above.
No Caulerpa Taxifolia was observed in subject area noted above.
This is a Preliminary report as required in accordance with the Southern California Eelgrass Mitigation Policy
(SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions.
This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life
cycle chain for marine life to reproduce. This survey's assist development projects by contractors like you to
conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass
and controlling the spread of Caulerpa. Responsible development by contractors like you helps protect
these sensitive marine ecosystems, which in turn, protects our ocean resources.
Thank you. If you have any questions please feel free to contact us.
Respectfully,
PRELIMINARY SURVEY
Page 1 of 11
DIVE WORKS (949) 759-077
107 Harbor Island Rd
429-0 Shoreline Village Drive Newport Beach, CIA
Long Beach, CA 90802
Rocky & Julie Dixon
107 Harbor Island Rd.
Newport Beach, California
Swift Slips
Dock & Pier Builders, Inc.
Costa Mesa, California
Pre -Construction Survey
Report Prepared
May 3, 2013
by
Dive Works
Robert Wiegand
Survey assistance by
Sean
Donovan
PRELIMINARY SURVEY
Preliminary Survey
Page 2 of 11
DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive
Long Beach, CA 90002
CONTENTS
List of Tables
List of Figures
Current Situation
Survey Method
Survey Findings
Discussion
Caulerpa Survey Form
Eelgrass Survey Form
List of Tables
Tablet. Tides and Currents
107 Harbor Island ltd
Newport Beach, CA
Preliminary Survey
3
3
4
4
4
4
8
10
..................................................................................................................5
List of Figures
Figure 1. Location of 107 Harbor Island Rd., Newport Beach
.....................................................................................................................5
Figure 2. Dive Transects
..................................................................................................................6
Figure 3. Survey Results
.....................................................................................................................7
PRELIMINARY SURVEY
Page 3 of 11
DIVE WORKS (949) 759-0773
107 Harbor Island Rd
429-0 Shoreline Village Drive Newport Beach, CA
Long Beach, CA 90802
Current Situation — Preliminary Survey
Preliminary Survey
Resident (Rocky & Julie Dixon) at 107 Harbor Island Rd., Newport Beach, CA is proposing to replace
existing "U" shape dock with a similar "U" shape with slightly different dimension and a reduction in
overall square footage.
Construction has not started; this is a Preliminary Survey Report addressing the requirement to
determine impact on existing natural habitat and navigational impact to waters and channel. See Figure 1
Eelgrass was not observed at the survey site. Caulerpa was not observed.
Survey Method
Survey conducted May 3, 2013 beginning at 1130 hr approximately N Lat 33.611007°, W Long
-117.9012260. Day was sunny with air temperature 78' F. Water temperature was 62° F. Depth ranged
from beach head at the sea wall to 3' at head -walk to 7' at end of dock. Visibility was 6 feet. See Table 1
Survey area delineated spanning 80 ft wide and 80 ft out from sea wall to cover all shade and impact areas
of the existing dock. Survey conducted with divers spaced 1-3 ft and perpendicular to shoreline. Lane
width was approximately 6 ft wide scanning approximately 3 ft on either side, covering the entire area to
ensure >75% coverage of bay floor. See Figure 2
Survey Findings
Flora: No Caulerpa was observed (see attached Caulerpa Survey Reporting Form). No Eelgrass was observed
within the property (see attached Eelgrass Survey Reporting Form), nor within 20 feet of the property.
Fauna: Observation included mussels on piles. Remainder of survey area was sand and dirt (sediment).
Visibility was 6 ft. The water depth ranged from 2' at sea wall to 7' at end of dock. See Figure 3
Discussion
Eelgrass (Zostera marina) was not observed throughout the area from sea wall to just past end of dock.
Mussels were observed on piles and floats. Proposed dock fingers will be 3' longer and 7' longer than
existing dock fingers. Width of proposed dock fingers will reduce by 1' from 5' to 4'. Head -walk of
proposed dock will increase by 1' foot from 7' to 8'. Gangway will lengthen from 20' to 24' reducing square
footage of pier. Width of existing dock will reduce by 6' from 32' wide to 26' wide. Existing dock square
footage is 712 sqft and proposed dock will reduce to 585 sqft. See Figure 3.
This Preliminary Survey finds no impact to habitat or navigation. Best management practices are
encouraged which provide for continuation of habitat life.
PRELIMINARY SURVEY
Page 4 of 11
DIVE WORDS (949) 759-077
429-0 Shoreline Village Drive
Long Beach, CA 90802
Table 1: Tides and Currents
NEWPORT BAY ENTRANCE, CORONA DEE MAR, CA StatidnId: 9410580
107 Harbor Island Rd
Newport Beach, CA
Preliminary Survey
Daily Tide. Prediction in feet Back to Station Listing
.Time Zone: LST/LDT 2013/05/02-2013105/03 Bookmark
Datum. MLLW kielo
= 5,00 -7—
J Predicte�d ML —
;-----------
4.50-
4,00
3.50 } -- r ,XDiv3e0 ThiYm
e /... .'.
-
3.98 -- - r : Ma�3; 207,3
---
2,58 -- li -,-- � -` � - -- , -
2,00 - --
L.. .-. ......:�
d 1.50 --- -- -
V 1'09 ---"
N 0.59 ---- r - /----- 4
;, - , -
x
-0,50
65/02 05/02 05/82 05/02 05/03 85/03 05/83 85/83 65/04
12an ban 12pn 6pn 12an ban 12pn 6pn 12an
Date/Tine CLSTADT)
Figure 1. Location of 107 Harbor Island Rd., N
vport Beach
r
r � ,
PRELIMINARY SURVEY
Page 5 of 11
DIVE WORKS (949) 759-077
107 Harbor Island ltd
429-0 Shoreline Village Drive Newport Beach, CA
Long Beach, CA 90802
Figure 2. Dive Transects
Preliminary Survey
PRELIMINARY SURVEY
Page 6 of 11
V- wop
DIVE WORKS (949) 759-077
107 Harbor Island Rd
3 429-0 Shoreline Village Drive Newport Beach, CA
Long Beach, CA 90802
INC SOWIC Preliminary Survey
Figure 3. Proposed Dock
PRELIMINARY SURVEY
Page 7 of 11
DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive
Long Beach, CA 90802
Caulerpa Survey Reporting Form
107 Harbor Island Rd
Newport Beach, CA
Preliminary Survey
This form is required to be submitted for any surveys conducted for the invasive exotic algae, (Caulerpa)
which is required to be conducted under federal and/or state permits and authorizations issued by the U.S.
Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The
form has been designed to assist to identify and control any potential impacts of the authorized actions on
the spread of Calupera. Surveys required to be conducted for this species are subject to modification through
publication of revisions to the Calupera survey policy. It is incumbent upon the authorized permittee to
ensure that survey work is following the latest protocols. For further information on these protocols, contact:
Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California
Department of Fish & Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90)
ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive
Works Diving Service at 949-759-0773.
Required Information
Site Name:
107 Harbor Island Rd.
Newport Beach, CA
Survey Contact:
Robert Wiegand
(949) 759-0773
DiveWork@Gmail.com
Permit Reference:
(ACOE Permit No., CCC Permit No.)
Hydrographic System:
Newport Harbor
(bay, estuary, lagoon, or harbor)
Specific Location:
N 33.6110070 Lat
(UTM, Lat./Long., datum, accuracy
W -117.901226° Long
level, attach electronic survey area
map if possible)
Was Caulerpa Detected:
Yes, Caulerpa was found at this site and
Has been contacted on date.
xxxx No, Caulerpa was not found at this site
Description of Permitted Work:
(describe briefly the work to be
conducted at the site under the
Replace existing "U" shape dock with a new "U" shape dock
permits identified above)
PRELIMINARY SURVEY
Page 8 of 11
DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive
Long Beach, CA 90802
107 Harbor Island ltd
Newport Beach, CA
Preliminary Survey
Caulerpa Survey Reporting Form (Cont.)
Description of Site: (describe the
Depth range: 0'-7"
Bottom is sediment, Sand and Dirt.
physical and biological conditions
within the survey area at the time of
the survey and provide insight into
variability, if known. Please provide
units for all numerical information).
Substrate type:
Sediment, sand
Temperature:
780 Air 620 Water
Salinity:
Dominant flora:
Dominant fauna:
Mussels,
Exotic species encountered -
None
Caulerpa
Other site description notes:
Description of Survey Effort:
Survey date and time period:
Survey conducted using SCUBA
(please describe the surveys
>75% area including bottom
conducted including type of survey
DATE: May 3, 2013
surveyed.
(SCUBA, remote video, etc.) and
TIME : 1130 hr
survey methods employed, date of
work, and survey density (estimated
percentage of the bottom actually
viewed). Describe any limitations
encountered during the survey
efforts.
Horizontal visibility in water:
6'
Survey type and methods:
SCUBA
Survey Personnel:
Robert Wiegand, Sean Donovan
Survey density:
Survey limitations:
None noted
Other Information: (use this space
to provide any additional information
or references to attached materials
such as maps, reports, etc.
Caulerpa Survey Reporting Form (version 1.2, 10/31/04)
PRELIMINARY SURVEY
Page 9 of 11
DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive
Long Beach, CA 90802
Eelgrass Survey Reporting Form
107 Harbor Island Rd
Newport Beach, CA
Preliminar Survey
This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted
under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the
Coastal Commission and required for review by Marine Bureau and Planning Department. The form has been
designed to assist in identifying eelgrass while ensuring that the required information is consistently
documented. Surveys required to be conducted for this species are subject to modification through
publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure
that survey work is following the latest protocols. For further information on these protocols, contact: Robert
Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish
& Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from
date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving
Service at 949-759-0773.
Required Information
Site Name:
107 Harbor Island Rd.
Newport Beach, CA
Survey Contact:
Robert Wiegand
(949) 759-0773
DiveWork@Gmaii.com
Permit Reference:
(ACOE Permit No., CCC Permit
No.)
Hydrographic System:
Newport Harbor
(bay, estuary, lagoon, or harbor)
Specific Location:
N 33.6110070 Lat
(UTM, Lat./Long., datum, accuracy
W -117.901226° Long
level, attach electronic survey area
map ifpossible)
Was Eelgrass Detected:
Eelgrass within 15' of project / disposal site
Eelgrass within 15'-30' of project / disposal site
X No eelgrass in project / disposal site
Description of Permitted Work:
(describe briefly the work to be
Replace existing "U" shape dock with a new "U" shape dock
conducted at the site under the
permits identified above)
PRELIMINARY SURVEY
Page 10 of 11
DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive
Long Beach, CA 90802
107 Harbor Island Rd
Newport Beach, CA
Preliminar Survey
Eelgrass Survey Reporting Form (Cont.)
Description of Site: (describe the
Depth range: 0'-7"
Bottom is sediment and sand
physical and biological conditions
within the survey area at the time of
the survey and provide insight into
variability, if known. Please provide
units for all numerical information).
Substrate type:
Sediment, sand
Temperature:
780 Air 620 Water
Salinity:
Dominant flora:
None
Dominant fauna:
Mussels
Exoticspecies encountered
none
Other site description notes:
Description of Survey Effort:
Survey date and time period:
Survey conducted using SCUBA
(please describe the surveys
>75% area including bottom
conducted including type of survey
DATE: May 3, 2013
surveyed.
(SCUBA, remote video, etc.) and
TIME :1130
survey methods employed, date of
work, and survey density (estimated
percentage of the bottom actually
viewed). Describe any limitations
encountered during the survey
efforts.
Horizontal visibility in water:
6'
Survey type and methods:
SCUBA
Survey Personnel:
Robert Wie and, Sean Donovan
Survey density:
Survey limitations:
None noted
Other Information: (use this space
to provide any additional information
or references to attached materials
such as maps, reports, etc.
Eelgrass Survey Reporting Form (April 2009)
PRELIMINARY SURVEY
Page 11 of 11
d t MEWe
p
P2014-00551
rd—rds, Helen 2 05 37 111,1 HP
OC Parks Contact Number
949-923-2280
PERMITTEE
Swift Slip, Dock & Piet- Builders, Inc.
2027 Placentia Avenue
Costa Mesa, CA 92627
Contact Person : Jacquelyn
Telephone No. 949-631-3121
Insured SWIFT SLIP DOCK [County/State]
COUNT' OF ORANGE
OC Parks Permits
13042 Old Myford Road
Building #4
Irvine, CA 92602
(866)627-2757
Fax: (7 14) 973-3336
Page I of2
6.13!2014
Permit No: P2014-00551
Effective Date: 6/13/2014
12:00 Avi
Expiration Date: 2/1/2015
12:00 AM
C Parks �C3flt�
Jame Number
4EWPORT HARBOR TIDELANDS 002
Policv ML9783032 Expires 2'1'2015
PERMITTED USE: User of County property is hereby authorized as follows, subject to provisions attached hereto:
For temporary access to rctnove existing 590 sq. ft, overwater coverage dock system and (3) existing 14- inch square concrete guide pile.
Remove 7 ft. of existing pier, resuse pier support pile in different location. Replace with new 484 sq_ ft overwater coverge dock system and
(3) new 14 -inch concrete guide pile. Install new 3 x 24 ganway within a portion of Orange County Newport Harbor Tidelands, per attached
plans and provisions and to the satisfaction of on -duty OC Parks staff.
OC PARKS PERMIT IS FOR ACCESS ONLY. THE DOCK REPAIRS WILL BE INSPECTED BY THE CITY OF NEWPORT BEACH
CEQA Code I SWPPP: No
LOCATION OF WORK:
107 Harbor Island Newport Beach Ca 92660
Dimensions l'ype: Thomas Brother: Orange COuntyArca: Newport Beach
CONSIDERATION:
'vies PWO# Permit Fees Sure iy Penalty Total Total Fees: 300.00
IP EI -168120 300.00 (2085) 0.00 (2092) 0.00 300,00
'ayment Trust C'lieck Receipt Date Amount Total Payment. 300.00
;heck 6701 65879634 5%13!2014 300.00
Vote: Deposits will not be refunded until Final Inspection is performed and signed -off permit is submitted to OC Parl<s Permits.
Surety Paid By:
Contractor
En-ineer:
Inspection:
grid'`. A Y Q l 1,-Mkl P-P0lad :.00" 55 v
2TUF lu oice Paid By:
Swift Dock and Pier Builders INC7027 Placentia Ave Costa Mesa Ca_9262 7
OCP Coastal Facilities - South Beaches
CC: OCT Coastal Facilities Supervisor
PERMIT INSPECTORS REPORT. DATE WORK COMPLETED:
3`hc mrmiYrcd work was completed in satisfactory manner per instructions zw(l/ol. the as -built plans and inspectors venort submitted herni th for onkmY3,
files
Remarks:
P201d4)0551
Inspector:
Date
Refund Recommended By:
(Dake
Refund Approved By:
Date:
COUNTY OF ORANGE
ORANGE COUNTY COMMUNITY RESOURCES
; OC PARKS PERMITS
SPECIAL PROVISIONS
�gLZFOR���
Permit 4
2014-00551
A. County hereby grants to permittee the right to use and occupy a portion of those lands, commonly referred to
as "Tidelands", conveyed to County of Orange on May 25, 1919, by Act of Legislature of the State of
California. This permit is issued subject to applicable Ordinances of the County of Orange. Validation of
permitted use may be subject to approval of the Coastal Commission, U.S. Army Corps of Engineers. City of
Ne,,ATort Beach and other regulatory entities.
B. This permit may be revoked by County and permittee agrees, upon notification from the Director of Orange
County Community Resources, or his designated representative, to remove, relocate, reconstruct or modify
subject pier, including floating dock and ramp, at no expense to County,
If litigation is required by County to enforce the terms of this permit because of breach or default by
permittee, County shall be entitled to recover from permittee administrative and legal costs.
C. Permittee agrees to maintain the permitted facilities in good and substantial repair and condition. All
improvements shall remain the property of pernittee during the terms of this permit. County shall have no
obligation to permittee for the condition of the improvements. Permittee shall make all necessary repairs or
improvements, including, but not limited to the maintenance of piers, moorings, buoys, walkways, plumbing
and electrical installations (including lighting). Permittee further agrees to keep the area free and clear of
rubbish, debris and litter at all times.
D. Permittee acknowledges that County Tidelands utilized under this permit are for the recreational use of the
fee owners or long-term lease holders of the adjacent uplands and if the facilities are rented, leased or used in
any manner for applicant's financial gain, permit will be automatically forfeited,
E. This permit is not subject to transfer. assignment, alienation, pledging or hypothecation; any change in
ownership requires a nese permit.
F. Any improvement is limited to a single pier and float or slip bayward of each parcel or lot.
Construction of any other improvements on the County Tidelands, including bulkheads, walks, decks and
retaining walls is prohibited under the scope of this permit.
G. Permittee shall provide the County with verification of combined single limit insurance in the minimum
amount of Five Hundred Thousand Dollars ($500,000) for public liability and property damage. from an
insurance company satisfactory to County, in which the County of Orange and the State of California shall be
named as additional insured with permittee or as additional interest. The insurance verification certificate
must contain a clause requiring the insurance company to give the County thirty (30) days written notice
prior to any change in insurance coverage. Property coverages mast contain a standard subrogation clause.
Dock and Pier Builders, Inc.
Contractor's License 7970;52 A
www,s A iftstipdocks.coni
2027 Placentia Avenue .- Costa Mesa, CA 92627
'Pelepbone (949) 631-3121 - Fax (949) 631-3122
Rocky and Julie Dixon
107 Harbor :island Road
Newport .Beach, California 9266o
Remove existing 590 sq. ft. overwater coverage dock system and 3 existing 14" sq. concrete guide pile,
Remove 7' of existing pier. Re --use pier support: pile in different location.
Replace with new 484 sq. ft.overwater coverage dock system and 3 new 14" sq. concrete guide pile.
Install new 3 x 24 gangway.
Document #1 -- Assessors Map
Document #2 — serial View of Project. Site
Document #3 — project Site
Document #4. - Drawing of Exisiting Floating Dock
Document #5 -- Drawing of Proposed :Floating Dock
Floating Dock
Superfloat flotation pontoons
4 x 8 framing with 5 x 7 angle clips and 1/2" bolting throughout
3 — 14" square pre -stressed concrete guide pile
1 x 6 TREX composite decking attached with stainless steel screws
3 x1;? facia with white rub strip and corners
Steel pile guides with 4 polyurethane rollers each
Gangway
24'x 3' dimensions
2 x 12 stringers
Heavy duty binge and axle wheel combination
3 x 4 posts
Milled handrails an double sided rails
Decking to match floating dock
Pier
RemOve 7 x 5 section of existing pier
Remove and re -locate existing pier support pile
pll'-'T'
PROJECT OWNER JO !N ,,411 JUt,\
PERMITTEE `fid+Ny - DIY
Address 10-1
Contact Name
E-mail Address ! u
CONTRACTOR f)
Address
202-1 4C1 ��
State -LL—Zip e Contact N/� mend
E-mail Address
ENGINEER/AGENT
Refer to the Applicant Requirements for Construction/Encroachment Permit
City. yi th State S Zip
Phone 0411 � 711.7712-1
fees can be invoiced to?
'T
City _
Phone) �A )W
Address 140 � TA, 01 CA Ylf m p City t ✓ ) �I q l '�
State _a__ -Zip i Contact Names t Va PhoneM) & I - W1
E-mail Address
PROJECT INFORMATION: Park Area /Location /Address of Work 10-1 DY_ vo 14 t oU
Nearest cross streets d'2 Nme, Area/Lot/Tract Rm
PLAN REQUIREMENT& Please submit (3) sets of fully dimensioned or scaled plans with the project area clearly highlighted.
Proiect Qetail: Provide a description of request including: pro)g�ct area, scope, type of resources e uipment, materials and
lenctth of time required �(" P,v.IA" 0 !k�; ��F' k / fi r � �° _Ut�trrrl-��rt /I 7A�
Permit Fee: A $200.00 fee is required to initiate processing the permit per Board Resolution 10-198. If permit is cancelled, $75.00 will be retained and
applied as the initial permit processing cost. Upon receipt of the completed application, staff will coordinate the review of the material. Applicant will be
advised of any revisions, additional fees, surety deposit/hond amounts, insurance requirements or other items required prior to permit issuance. A valid
certificate of liability insurance complying with the requirements of the County Risk Management Office is required prior to permit being issued. If needed, a
sample certificate can be provided. Please allow,tninimum of (30) working days to process request.
Upon completion of the permitted usX, PERI
Office to request the refund of any Xurety de
Signature of Applicant:
(Petmit
long 1111122113.010
MAIL, FAX; OR DELIVER
OC Parks Reservations and
13042 Old Myford Road
Irvine, CA 92602-2304
FAX: (714) 973-3336
is responsible for calling the assigp_04rsfaector for final inspection and sign -off, and contacting the Permit
funds are processed approx ely 6-8 weeks after sign -off by the Inspector.
Date
be pro e sed without a legible signature)
PhoneCIM) R1
I zi
AP LIC N TO PUBLIC COUNTER HOURS:
Monday—Friday: 8:00 a.m. —4:00 p.m.
�rmits Unit
QUESTIONS: PLEASE CALL OR E-MAIL
Phone Number: (866) 627-2757
E-mail: Permits@ocparks.com
Map Output Page 1, of 1,
http � //wvjw6, city, esri mat), Es rl Mal)? Servi ce'Nomen,,, 4/10/2013
2027 PAace-rana, A v ern u e, Costa Mesa, California 92627
(94 x)h31-31.21 a F a (949)6311-3,122 10
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Remove existing 590 sq. ft. overwater coverage dock system and 3
existing 14" sq. concrete guide pile. Remove 7' of existing pier.
rM Re -use pier support pile in different location,
Replace with new 585 sq. ft. overwater coverage dock system and
3 new 14" sq, concrete guide pile.
2k �' g;-. I
-Y Install new 3 x 24 gangway.
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RII.-SOUR(CES D
D" OF NEWPORT BEA
IM®
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR
CALIFORNIA COASTAL COMMISSION
South Coast District Office
200 Oceangate, 10th Floor io
Long Beach, California 90802-4416
PH (562) 590-5071 FAX (562) 590-5084
April 18, 2014
Permit No. 5-13-0582
Please be advised that the Administrative Permit with the above permit number which
was sent to you on December 20, 2013 and was reported to the Commission on
January 8, 2014 is now fully effective. Development of your project is subject to
compliance with all terms and conditions specified in the Administrative Permit.
Should you have any questions please contact our office.
CHARLES LESTER
Executive Director
14-�-
Jeffrey Rabin
Coastal Program Analyst
STATE OF CALIFORNIA -. NATURAL RESOURCE=S AGENCY
CALIFORNIAN COASTAL. COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562)590-5071
EDMUND G. BROWN, JR., Governor
Staff, J. Rabin -LB
Date: D e ,o��.
-Y
AVIVIENISTRA
`"
IVE PERMIT
JAilli 1 6 2014
application No.:
Applicant: Rocky & Julie Dixon
Agent: Swift Slip Dock & Pier Builders, Inc.
Location: 107 Harbor Island Road, Newport Beach (Orange County)
ProjectDescription- Remove existing dock and tbxee 14" square concrete piles. Constrict
new U-shaped dock with three new 14" square concrete piles. Narrow
boat slip from 24' to 18' wide. Increase the length of one dock finger
from 42' to 49'. Increase the length of the other dock finger from 42' to
45'. Replace the existing 3' x 20' gangway with a new 3' x 24'
gangway. Increase the width of the headwalk from 7' to 8'. Total
overwater coverage for the structures involved in this project decreases
from 590 square feet to 585 square feet.
E' CITI'IVE DIRE CT a DETERMINATION:
The findings for this determination, and for any special conditions, appear on subsequent pages.
NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is
reported to the Commission at its next meeting. If one-third or more of the appointed
membership of the Commission so request, the application will be removed from the
administrative calendar and set for public hearing at a subsequent Commission meeting.
Our office will notify you if such removal occurs.
This permit will be reported to the Commission at the following time and places
January g, 2014 — 9;00 a.m,
Catamaran Resort Hotel
3999 Mission Blvd.
Sari Diego, CA 92109
I
5-13-0582 (Dixon)
Administrative Permit
IMPORTANT - Beforeoy u may proceed with development the following must occur:
Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed
duplicate copy acknowledging the permit's receipt and accepting its contents, including all
conditions, and return it to our office. Following the Commission's meeting, and once we have
received the signed acknowledgement and evidence of compliance with all special conditions, we
will send you a Notice of Administrative Permit Effectiveness.
, ,.� .,.jig
i
_
CHARLES LESTER
Executive Director
By: Jeffrey Rabin
Title: Coastal Program Anal
This permit is granted subject to the following 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 agent,
acknowledging receipt of the permit and acceptance of the terms and conditions, is returned
to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years from the
date on which the Commission voted on the application. Development shall be pursued in a
diligent manner and completed in a reasonable period of time. Application for extension of
the permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any term or condition will be
resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee files
with the Commission an affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to bind all future
owners and possessors of the subject property to the terms and conditions.
SPECIAL CONDITIONS° See pages five through nine.
2
5-13-0582 (Dixon)
Administrative permit
EXECUTIVEIRECTOP.'S DETERMINATION (continued). -
The Executive Director hereby determines that the proposed development is a category of
development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive
Director through the issuance of an Administrative permit. Subject to Standard and Special
Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the
Coastal Act of 1976 and will not have any significant impacts on the environment within the
meaning of the California Environmental Quality Act. If located between the nearest public road
and the sea, this development is in conformity with the public access and public recreation policies
of Chapter 3.
FAIA®TA�TGS ROM AaE�0U v� I�� ADETERMINATION-
Il
The subject site is a waterfront lot at 107 Harbor Island road in the City of Newport Beach
(Exhibit 1). Single-family residences with private docks characterize the site and the surrounding
area (Exhibit 2). The proposed project would remove the existing dock and three 14" square
concrete piles. A new U-shaped dock would be built with three new 14" square concrete piles. The
existing boat slip would narrow from 24' to 18' wide. The length of one dock finger would increase
from 42' to 49'. The length of the other dock finger would increase from 42' to 45'. The existing
3' x 20' gangway would be replaced by a new 3' x 24' gangway. The width of the headwalk would
Increase from 7' to 8' (Exhibits 3 and 4)_Total ove.rwater co:vPragP for the structures Involved IrA
this project decreases from 590 square feet to 585 square feet. This area includes only the dock and
gangway bayward of the bulkhead line. It does not include the deck and pier structures between the
actual bulkhead and the bulkhead line.
Tl.e dock project, associated with the existing single-family home, will be used for boating related
purposes. As required by the City of Newport Beach Harbor Resources Division, an eelgrass survey
was conducted on May 3, 2013. No eelgrass was discovered within the project area. Eelgrass
surveys completed during the active growth phase of eelgrass (typically March through October) are
valid for 60 -days with the exception of surveys completed in August -October. A survey completed
in August -October shall be valid until the resumption of active growth (i.e., March 1), The project is
on the agenda for the January 2014 Coastal Commission meeting so the eelgrass survey is no longer
valid. Therefore, a subsequent eelgrass survey will be required prior to beginning any construction.
As required by the City of Newport Beach Harbor Resources Division, C a pre -construction ouletpa
tarifolio survey was done on May 3, 2013. No Caulerpa taxifolia was found. Caulerpa taxifolia
surveys are valid for 90 days. The project is on the agenda for the January 2014 Coastal
Commission meeting. The Caulerpa taxifolia survey is not valid since more than 90 days have
passed since the survey was completed. Thus, an updated Caulerpa taxifolia survey Must be
conducted prior to commencement of the project. Therefore, the Commission imposes Special
Conditions 2 and 3, which identifies the procedures to be completed prior to beginning any
construction. If any C'auleipa taxifolia is found on the project site, Special Condition 3 also
identifies the procedures to be completed prior to beginning any construction.
5-13-0582 (Dixon)
Administrative Permit
Local Government and Other Approvals
The proposed project has received Harbor Permit Number 135-107 and Plan Check Number 1096-
2013 from the City of Newport Beach Harbor Resources Division. The applicant's agent has
applied for approval from the Santa Ana Regional Water Quality Control Board (RWQCB) and the
U.S. Army Corps of Engineers.
As part of its Harbor Permit for the project, the City of Newport Beach has imposed Special
Condition 8, which states: "Vessels shall not encroach upon neighbor's property on either side."
The City also included Special Condition 9, which says: "Vessels may not extend beyond the end of
the fingers by more than the width of its beam, except as otherwise noted in the Municipal Code."
The City's Special Condition 10 specifies that the maximum beam of a vessel that is permitted to .
side -tie to the northernmost side of the float is 22'. The City's Special Condition 11 says that the.
maximum beam that is permitted to side -tie to the southernmost side of the float is 12'.
B. PUBLIC ACCESS
The subject site is located on the bayfront in the City of Newport Beach. The nearest vertical public
accessway to the bayfront and lateral access along the sand is approximately 575 feet away at the
Beacon Bay Beach and Public Dock.
As conditioned, the proposed development will not have any new adverse impact on public access
to the coast or to nearby recreational facilities. Thus, as conditioned, the proposed development
conforms to Sections 30210 through 30214, Sections 30220 through 30224, and 30252 of the
Coastal Act.
C. MARINF, RESOURCES
The proposed recreational boat dock development and its associated structures are an allowable and
encouraged marine related use. The project design includes the minimum sized pilings and the
minimum number of pilings necessary for structural stability. There are no feasible less
environmentally damaging alternatives available. As conditioned, the project will not adversely
impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa
taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for
recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act.
The City of Newport Beach has imposed Special Condition 4 on their Harbor Permit for this
project. "Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio
furniture, plants etc ... are not permitted."
The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or
placement of construction material, debris, or waste in a location where it could be discharged into
coastal waters would result in an adverse effect on the marine environment. To reduce the potential
for construction related impacts on water quality, the Commission imposes Special Condition 1
L!
5.13-0582 (Dixon)
Administrative Permit
requiring, but not limited to, the appropriate storage and handling of construction equipment and
materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for
post -construction impacts to water quality the Commission requires the continued use and
maintenance of post -construction Best Management practices (BMPs). As conditioned, the
Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act.
m LOCAL COASTAL PROGRAM
The Land Use Plan (LUP) for the City of Newport Beach was effectively certified on May 19, 1982.
The certified LUP was updated on October 8, 2009. As conditioned, the proposed development is
consistent with Chapter 3 of the Coastal Act and with the certified Land Use plan for the area_
Approval of the project, as conditioned, will not prejudice the ability of the local government to
prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3.
F. CALIFORNIA RONMENTAI QUALITY ACT (C A)
As conditioned, there are no feasible alternatives or additional feasible mitigation measures
available that would substantially lessen any significant adverse effect that the activity may have on
the environment. Therefore, the Commission finds that the proposed project, as conditioned to
mitigate the identified impacts, is the least environmentally damaging feasible alternative and can
be found consistent with the. requirements of the Coastal Act to conform to CEQA.
SPECIAL SON ITIONS®
This permit is granted subject to the following special conditions:
�o
Water Quality
Aa Construction Responsibilities and Debris Removal
(1) No demolition or construction materials, equipment, debris, or waste shall be
placed or stored where it may enter sensitive habitat, receiving waters or a storm
drain, or be subject to wave, wind, rain or tidal erosion and dispersion.
(2) Any and all debris resulting from demolition or construction activities, and any
remaining construction material, shall be removed from the project site within 24
hours of completion of the project.
(3) Demolition or construction debris and sediment shall be removed from work
areas each day that demolition or construction occurs to prevent the accumulation
of sediment and other debris that may be discharged into coastal waters,
(4) Machinery or construction materials not essential for project improvements will
not be allowed at any time in the intertidal zone.
5-13-0582 (Dixon)
Administrative Permit
(5) If turbid conditions are generated during construction a silt curtain will be
utilized to control turbidity.
(6) Floating booms will be used to contain debris discharged into coastal waters and
any debris discharged will be removed as soon as possible but no later than the
end of each day.
(7) Non buoyant debris discharged into coastal waters will be recovered by divers as
soon as possible after loss.
(8) All trash and debris shall be disposed in the proper trash and recycling
receptacles at the end of every construction day.
(9) The applicant shall provide adequate disposal facilities for solid waste, including
excess concrete, produced during demolition or construction.
(10) Debris shall be disposed of at a legal disposal site or recycled at a recycling
facility. If the disposal site is located in the coastal zone, a coastal development
permit or an amendment to this permit shall be required before disposal can take
place unless the Executive Director determines that no amendment or new permit
is legally required.
(11) All stock piles and construction materials shall be covered, enclosed on all
sides, shall be located as far away as possible from drain inlets and any
waterway, and shall not be stored in contact with the soil.
(12) Machinery and equipment shall be maintained and washed in confined areas
specifically designed to control runoff. Thinners or solvents shall not be
discharged into sanitary or storm sewer systems.
(13) The discharge of any hazardous materials into any receiving waters shall be
prohibited.
(14) Spill prevention and control measures shall be implemented to ensure the proper
handling and storage of petroleum products and other construction materials.
Measures shall include a designated fueling and vehicle maintenance area with
appropriate berms and protection to prevent any spillage of gasoline or related
petroleum products or contact with runoff. The area shall be located as far away
as possible from the receiving waters and storm drain inlets.
(15) Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs)
designed to prevent spillage and/or runoff of demolition or construction -related
materials, and to contain sediment or contaminants associated with demolition or
construction activity, shall be implemented prior to the on -set of such activity.
(16) All BMPs shall be maintained in a functional condition throughout the duration
of construction activity.
6
5--13-0582 (Dixon)
Administrative Permit
Best Management Practices Program. By acceptance of this permit the applicant
agrees that the long -terra water borne berthing of boat(s) in the approved dock
and/or boat slip will be managed in a manner that protects water quality pursuant to
the implementation of the following BMPs.
(1) Boat Meaning and Maintenance Measures:
a. In -water top -side and bottom -side boat cleaning shall minimize the discharge
of soaps, paints, and debris.
b. In -the -water hull scraping or any process that occurs under water that results
in the removal of paint from boat hulls shall be prohibited. Only detergents
and cleaning components that are designated by the manufacturer as
phosphate free and biodegradable shall be used, and the, amounts used
minimized.
c. The applicant shall minimize the use of detergents and boat cleaning and
maintenance products containing ammonia, sodium hypochlorite, chlorinated
solvents, petroleum distillates or lye.
(2) Solid and Liquid Waste Management Measures:
a. 4ll trash, recyclables, and hazardous wastes or potential water contaminants,
including old gasoline or gasoline with water, absorbent materials, oily rags,
lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will
be disposed of in a proper manner and will not at any time be disposed of in
the water or O77tter.
wm .
(3) Petroleum Control Management Measures:
a. Boaters will practice preventive engine maintenance and will use oil
absorbents in the bilge and under the engine to prevent oil and fuel
discharges. Oil absorbent materials shall be examined at least once a year and
replaced as necessary. Used oil absorbents are hazardous waste in California,
Used oil absorbents must therefore be disposed in accordance with hazardous
waste disposal regulations. The boaters will regularly inspect and maintain
engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills.
The use of soaps that can be discharged by bilge pumps is prohibited,
b, If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels,
lubricants or other liquid materials), the boaters will use a bilge pump -out
facility or steam craning services that recover and properly dispose or
recycle all contaminated liquids.
i
5-13-0582 (Dixon)
Administrative Permit
c. Bilge cleaners which contain detergents or emulsifiers will not be used for
bilge cleaning since they may be discharged to surface waters by the bilge
pumps.
2. Eelgrass Survey(s)
A. Pre -Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera
marina) survey shall be completed during the period of active growth of eelgrass
(typically March through October). The pre -construction survey shall be completed
prior to the beginning of construction and shall be valid until the next period of
active growth. The survey shall be prepared in full compliance with the "Southern
California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special
condition) adopted by the National Marine Fisheries Service and shall be prepared in
consultation with the California Department of Fish and Wildlife. The applicant
shall submit the eelgrass survey for the review and approval of the Executive
Director within five (5) business days of completion of each eelgrass survey and in
any event no later than fifteen (15.) business days prior to commencement of any
development. If the eelgrass survey identifies any eelgrass within the project area
which would be impacted by the proposed project, the development shall require an
amendment to this permit from the Coastal Commission or a new coastal
development permit.
B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area
by the survey required in subsection A of this condition above, within one month
after the conclusion, of construction, the applicant shall survey the project site to
determine if any eelgrass was adversely impacted. The survey shall be prepared in
full compliance with the "Southern California Eelgrass Mitigation Policy" Revision
8 (except as modified by this special condition) adopted by the National Marine
Fisheries Service and shall be prepared in consultation with the California
Department of Fish and Wildlife. The applicant shall submit the post -construction
eelgrass survey for the review and approval of the Executive Director within thirty
(30) days after completion of the survey. If any eelgrass has been impacted, the
applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on-site, or at
another location, in accordance with the Southern California Eelgrass Mitigation
Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1
(mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found
within SCEMP shall not apply. Implementation of mitigation shall require an
amendment to this permit or a new coastal development permit unless the Executive
Director determines that no amendment or new permit is required.
3. Pre -construction Caulerpa Taxifolia Survey
A. Not earlier than 90 days nor later than 30 days prior to commencement or
re -commencement of any development authorized under this coastal development
permit (the "project"), the applicant shall undertake a survey of the project area and a
buffer area at least 10 meters beyond the project area to determine the presence of
the invasive alga Caulerpa taxifolia. The survey shall include a visual examination
of the substrate.
Jan 13 14 12:21 p River Cabin 5092432694 p,1
5-13-0582 (Dixon)
Administrative Perxxrit
13 °1"hc sutve ' Protocol shall be prepared in consultation A6ih the Regional °mater.
Quality Control Board, the California Department of Fish and Wildlil- and the
l�latMai Marine �'ish,�fies Service.
C9 Within five (5) business days of rorttplctiort
the sntvey: of the survey, the applicant shall submit
(1) for the review and approval of tote Executive Director; and
(2) to the Susvelllarice Sub [1n,mit, of tt�c 3oiiilsern California C:suler'pa ActionTeam (SCC.,q�')- °t'krc SCC AT Surveillance Subcommittee may be contacted
through William Paznokas, California Department of Fish and Wildlife
(35$/467-4218) or Robert Flof lean, National Manrro 1 kijlfries Service
(562/980-4043), or theta successors.
D. if C'crl""rl)a ?0y f )lia is found within tine prgiect or buf_ler areas, the applicant shall
not proceed with the project until 1) the applicaxrt pr'�vid�s evidersc� to the Ixecuti
elimina- that all C tcxa�`r,,at discovercd within the project and buf'icr area has been.
eliminated in a znanrrer that complies with all applicable l over"I rental approval
requirements, including but not limited to those of the California Coastal Act, or
2) the applicant has revised the project to avoid arty cc, It with C frcrf folks_ iso
revisions to the protect shall occur %ithout a Coastal C'oMmmsmn appaover7
ainendnlent to this coastal development pern.11t unless the Executive Director
detemline s that no amendment is legally required.
4. Public Rjoas
a -he Coastal
�Pinv V'a, 01 tills permit shall not consdiute a waiver of any public rights
that eT of or may exist On the properly- - lte peranittee shall trot use this permit as evidence of a
v�aiver of any public rights
that may exist ®rr the propert}r,
AC DG 'T OF PERMIT RECEIPT/ACCEPTANCE
F CO1°Il'EN`f°Se
JAVe acknowledge that 1/we have received a copy of this Permit and have accepted its contents
including, all conditions.
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2027 Placentia
.Avenue,
Costa
Mesa,
California 92627
(949)
631-3121
> Fax
(949) 631-3122
California Coastal conuiiission
CJ I 5owh Cloast District Office
� APPROED
)106 1 Permit ---_--
--
---------------------
EFFEC IVE � m�,mm�.�a�m®�
Date: _------,®��
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PAGE f ®F
,r 371.
10H DOCK & PIER
BUILDERS,
2 0 2 7, p I
a ,-3 c --a A; �-� I AAA v e vrro. a�-z e ew, a Ad e -- a, CCI a '.d - � I f. oo - r DI, a 0" 221 6 2 7
(949) 631-31.21 Fax (949) 631-3122
Rocky and Julie Dixon
c/o Jacquelyn Chung
Swift Slip Docks
2027 Placentia Avenue
Costa Mesa, California 92627
Dear Mr. and Mrs. Dixon:
Reference is made to your request (File No. SPL-2013-00567-JPL) for a Department of the
Army Permit to complete work within waters of the U.S. Under the provisions of Section 10 of the
Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to conduct
the work described below in Newport Harbor within the city of Newport Beach, Orange County,
California, as shown on the enclosed drawings.
Specifically, and as shown on the attached drawing(s)/map(s), you are authorized to:
1. Reprove an existing 324bot by 42 -foot "U" shaped dock, a 3 -foot by 20 -foot gangway a
2 -foot by 5 -foot pier, with a total overwater coverage of 590 square feet, and replacing it
with a new 26 -foot by 49 -foot "U" shaped floating dock, and a 3 -foot by 24 -foot
gangway (5 -feet by 3 -feet of which would be landward of the bulkhead), with 585 square
feet of overwater coverage within the project site.
2. Remove three (3) 14 -inch square concrete guide piles and replaced them with three (3)
new 14 -inch square concrete guide piles.
The owner or authorized responsible official must sign and date all copies of this Letter of
Permission (LOP) indicating that he/she agrees to the work as described and will comply with all
conditions. In addition, please use the two attached forms to notify this office as to the dates of
commencement (within 10 days prior to the start of Lonstruction) and completion of the activity
(within 10 days following the end of construction).
Furthermore, you are hereby advised that the Corps of Engineers has established an
Zn
Administrative Appeal Process which is fully described in 33 CFR Part 331. The complete appeal
process is diagrammed in the enclosed Appendix B.
Thank you for participating in our regulatory program. If you have any questions, please
contact Jason Lambert of my staff at 213-452-3361 or via e-mail at
Jason. P. Lambert@usace. army. mi I.
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT CORPS OF ENGINEERS
915 WILSHIRE BOULEVARD, SUITE 930
REPLY TO
LOS ANGELES, CALIFORNIA 90017
- ATTENTION OF
March 28, 2014
Regulatory Division
Rocky and Julie Dixon
c/o Jacquelyn Chung
Swift Slip Docks
2027 Placentia Avenue
Costa Mesa, California 92627
Dear Mr. and Mrs. Dixon:
Reference is made to your request (File No. SPL-2013-00567-JPL) for a Department of the
Army Permit to complete work within waters of the U.S. Under the provisions of Section 10 of the
Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to conduct
the work described below in Newport Harbor within the city of Newport Beach, Orange County,
California, as shown on the enclosed drawings.
Specifically, and as shown on the attached drawing(s)/map(s), you are authorized to:
1. Reprove an existing 324bot by 42 -foot "U" shaped dock, a 3 -foot by 20 -foot gangway a
2 -foot by 5 -foot pier, with a total overwater coverage of 590 square feet, and replacing it
with a new 26 -foot by 49 -foot "U" shaped floating dock, and a 3 -foot by 24 -foot
gangway (5 -feet by 3 -feet of which would be landward of the bulkhead), with 585 square
feet of overwater coverage within the project site.
2. Remove three (3) 14 -inch square concrete guide piles and replaced them with three (3)
new 14 -inch square concrete guide piles.
The owner or authorized responsible official must sign and date all copies of this Letter of
Permission (LOP) indicating that he/she agrees to the work as described and will comply with all
conditions. In addition, please use the two attached forms to notify this office as to the dates of
commencement (within 10 days prior to the start of Lonstruction) and completion of the activity
(within 10 days following the end of construction).
Furthermore, you are hereby advised that the Corps of Engineers has established an
Zn
Administrative Appeal Process which is fully described in 33 CFR Part 331. The complete appeal
process is diagrammed in the enclosed Appendix B.
Thank you for participating in our regulatory program. If you have any questions, please
contact Jason Lambert of my staff at 213-452-3361 or via e-mail at
Jason. P. Lambert@usace. army. mi I.
-2 -
Please be advised that you can now comment on your expericric e with Regulatory Division
by accessing the Corps web --based customer survey form at:
11ttjL/t?er2. iw tisace.ii-rtnv.niii/survev.html.
l'ERNII'I 11 E
Sincerely,
C:orice J. Farrar
Chief, Orange and riverside Counties Section
South Coast Branch
P,egutatory Division
DATE
When the stru tLires or work authorized by this permit arc still in existence at the titrl " the
property is {rans:terred, the terms and conditions ol'this LOP will continue to be binding on the new
owncr(s) of the property. To validate the transfer of this permit and the liabilities associated with
compliance with its terms and conditions, have the transferee; sign and date below.
,.l..RA SFEREE
Enctosure(s)
DATE
-3-
General Conditions.-
1.
onditions:
1. The time limit for completing the authorized activity ends on March 28, 2016. If you find that
you need more time to complete the authorized activity, submit your request for a time extension to
this office for consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance
with the terms and conditions of this permit. You are not relieved of this requirement if you
abandon the permitted activity, although you may make a good faith transfer to a third party in
compliance with General Condition 4 below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing
the activity authorized by this permit, you must immediately notify this office of what you have
found. We will initiate the Federal and state coordination required to determine if the remains
warrant a recovery effort or if the site is eligible for listing in the National Register of Historic
Places.
4. If you sell the property associated with this pertnit, you must obtain the signature of the new
owner in the space provided and forward a copy of the permit to this office to validate the transfer
of this authorization.
5. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished with the terms and conditions
of your permit.
Furthermore, you must comply with the following non -discretionary Special Conditions:
Special Conditions:
1. The permitted activity shall not interfere with the right of the public to free navigation on all
navigable waters of the United States as defined by 33 C.F.R. Part 329.
2. No earthwork is authorized by this Letter of Permission.
3. Creosote treated pilings shall not be placed in navigable waters unless all of the following
conditions are met:
A) The project involves the repair of existing structures that were originally constructed using
wood products;
B) The creosote treated pilings are wrapped in plastic;
C) Measures are taken to prevent damage to plastic wrapping from boat use. Such measures
may include installation of rub strips or bumpers;
-4—
D) The plastic wrapping is sealed at all joints to prevent leakage= and
E) The plastic material is expected to maintain its integrity for at least ten years, and plastic,
wrappings that develop holes or leaks must be repaired or replaced in a timely planner by
the permittee.
4. No other modifications or work shall occur to the structure permitted herein.
3. A pre --construction survey of the project area for Caulerpa taxifolia (Caulerpa) shall be conducted
in accordance with the Caullerpa Control Protocol (see
http://swr.nmfs.noaa.gov/hed/catiterpa/cep.pdf) not earlier than 90 calendar days prior to planned
eonSirtrctron and trot later" than 30 calendar (rays prior to c;onstruc;tion. 1 ne results or tnat SUrVey
Shall be ftrrtri_She(i to the Corns Regulatory Division, NOAA Fisherics and the Cali:Forni;,
Department of Fish and Wildlife (CDFW) at least 15 calendar days prior to initiation of work in
navigable waters. In the event that Caulerpa is detected within the project area, the Permittee shall
riot commence work until such time as the infestation has been isolated, treated, and the risk of
spread is eliminated as confirmed in writing by the Corps Regulatory Division, in consultation with
ACOA Fisheries and CDFW.
6. The Permittee shall discharge only clean construction materials suitable for use in the oceanic
environment. The Permittee shall ensure no debris, sod, silt, sand, sawdust, rubbish, cement or
concrete washings thereof; oil or petroleum products, frons construction shall be allowed to enter
into or placed where it may be washed by rainfall or runoff into waters of the United Mates. Upon
completion of the project authorized herein, any and all excess material or debris shall be
completely removed rrom the work Lrea and disposed of in tlti a�nrnpritiie tlpiatit� S11 -C,
7. The Permittee shall notify the Corps Regulatory Division of the date of corrunencernent of
operations not :less than 14 calendar days prior to commencing work, and shall notify the Corps of
the (late of completion of operations at least five calendar days prior to such cornpletiion.
8. To ensure navigational safety, the permittee shall provide appropriate notifications to the U.S.
Coast Guard as described below:
Commander, 11th Coast Guard District (dpw)
TEL: (510) 437-2980
P. -mail: dIILN't\/t@,usc;g.rniI
Website: htip://wvvw.uscg.rril/dp/Inrnrecluest.asp
U.S. Coast Guard, Sector LA --LB (CG't.P)
TFL; (310) 521-3860
E-mail.- jolnr.p.herrnigan�ct uscg.mil
A) The Permittee shalt notify the U,S. Coast Guard, Commander, 11th Coast Guard District
(dpwv) and the U.S. Coast Guard, Sector LA -LB (COTP) (contact information shown
above:), not less than 14 calendar days prior to c,omnlencing work and as project information
-5 -
changes. The notification shall be provided by e-mail with at least the following
information, transmitted as an attached Word or PDF file:
1) Project description including the type of operation (i.e. dredging, diving, construction,
etc).
2) Location of operation, including Latitude / Longitude (NAD 83).
3) Work start and completion dates and the expected duration of operations. The Coast
Guard needs to be notified if these dates change.
4) Vessels involved in the operation (name, size and type).
5) VHF -FM radio frequencies monitored by vessels on scene.
6) Point of contact and 24 -hour phone number.
7) Potential hazards to navigation.
8) Chart number for the area of operation.
9) Recommend the following language be used in the LNM: "Mariners are urged to transit
at their slowest safe speed to minimize wake, and proceed with caution after passing
arrangements have been made."
B) The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage,
make fast to, or interfere with any aids to navigation defined at 33 C.F.R. chapter I,
subehapter C, part 66. The Pern-iittee shall ensure its contractor notifies the Eleventh Coast
Guard District in writing, with a copy to the Corps Regulatory Division, not less than 30
calendar days in advance of operating any equipment adjacent to any aids to navigation that
requires relocation or removal. Should any federal aids to navigation be affected by this
project, the Permittee shall submit a request, in writing, to the Corps Regulatory Division as
weft. as the U.S. Coast Guard, Aids to Navigation office (contact inrormation provided
above). The Permittee and its contractor are prohibited from relocating or removing any
aids to navigation until authorized to do so by the Corps Regulatory Division and the U.S.
Coast Guard.
C) Should the Permittee determine the work requires the temporary placement and use of
private aids to navigation in navigable waters of the U.S., the Permittee shall submit a
request in'Writing to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to
Navigation office (contact information provided above). The Permittee is prohibited from
establishing private aids to navigation in navigable waters of the U.S. until authorized to do
so by the Corps Regulatory Division and the U.S. Coast Guard.
D) The COTP may modify the deployment of marine construction equipment or mooring
systems to safeguard navigation during project construction. The Permittee shall direct
questions concerning lighting, equipment placement, and mooring to the appropriate COTP.
9. Within 30 calendar days of completion of the project authorized by this permit, the Permittee
shall conduct a post -project survey indicating changes to structures and other features in navigable
waters. The Permittee shall forward a copy of the survey to the Corps Regulatory Division and to
the National Oceanic and Atmospheric Service for chart updating: Gerald E Wheaton, NOAA,
Regional Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082,
Seaside, CA 93955-6711.
_6 -
IR The perarittee understands and agrees that, if fixture operations by the United States require the
removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall
cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be
required, upon due notice from the Corps of Engineers Regulatoiy Division, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such removal or alteration.
11. This Corps permit does not authorize you to talo:, any threatened or endangered species, or
. , r.a, .�
kic bti;Aai ey rA.oCdr�y res d.c51�i1at�',(a critical irabltat. lIl order to legi�ll}- lake a ltsiccl species, rE s, yc)ll rl:lUst
have serra.raie authorizatieri under the Fndangered Species Act (ESA) (e.g_ ESA Serct;nn 10 pert -nit
or a biological Opinion (:ESC) under ESA Section %, with "incidental take" provisions with which
you must comply).
Further i forination:
1. Congressional Authorities: You have been authorized to undertake the activity described above
pursuant to Section 1.0 of the divers and Harbors Act of 1899 (33 U.S.C. 03),
2. Limits oi'this authorization.
a. This permit does riot obviate the need to obtain ether Fe_elE Inl, state or local ,ntl,nrl7ltrollS
required by law.
b. This permit does not grant any property rights or exclusive privileges.
This perlrrit dnn.s not arithnri-10'Inv inhiry tri tura nrrrnPrh (-)I, riuht�z nf'nthc=I-
d. This permit does riot authorize interference with any existing or proposed Federal project.
3. i_.rrnits o[Tedc al Liabrlrty. in Issuing this permit, the: federal Gover lment doer not assume an
liability for the following:
a. Darnages to the permitted projector uses thereof as aresrllt of other perrnined or
unpermitted activities or from natural causes.
b. Damages to the pc;rrnittc;d projector rises the reo as a rCsult of current. or future activities
undertaken by or on behalf of the United. States hr the public.: interest
c. Damages to persons, property, or to other permitted or unpermitted activities ox structures
caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the perninted �� ork.
-7-
e. Damage claims associated with any future modification, suspension, or revocation of this
pen -nit.
4. Reliance. on Applicant's Data: The determination of this office that issuance of this permit is
not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any
time the circumstances warrant. Circumstances that could require a reevaluation include, but are
not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been
false, incomplete, or inaccurate (See 4 above).
c. Significant .new information surfaces which this office did not consider in reaching the
original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures
provide for the issuance of an administrative order requiring you to comply with the terms and
conditions of your pen -nit and for the initiation of legal action where appropriate. You will be
required to pay for any corrective measure ordered by this office., and if you fail to comply with
such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity
authorized by this permit. Unless there are circumstances requiring either a prompt completion of
the authorized activity or a reevaluation of the public interest decision, the Corps will normally
give you favorable consideration to a request for an extension of this time limit.
_8 -
LOS ANGELL'S DISTRICT
v.S
NOTIFICATION Off' COMMENCEMENT OF WORK
FOR
DEPARTMENT OFTHE ARMY PERMIT
Permit Number.
Name of Permittee -
Date of Issuance -
SPL -2013-00567
Rocky and Julie Dixon
March 2$, 2014
Date work An wlatu-rs, of file U%'S. will conlInelice.
Estimated construction period (in weeks). - -
Name & phone of contractor (if any) -
Please note that your permitted activity is subject to a compliance inspection by an Arrriy
Corps of Engineers representative. If you fail to comply with this permit you may. be subject to
permit suspension, modification, or revocation.
I hereby certify that I, and the contractor (if applicable), have read and agree to comply with
the terms and conditions ofthe above referenced permit.
�
rgnatill'c i7". rP
s[[tlittee
Date
At least tell (10) Gays prior to the commencement of the activity authorized by this permit,
sign this certification and return it using any ONE of the t.61lowing three; (7) methods:
(1) E -i AHL, a statement including all the above infornlat-ioii to:
Jason.P.Lat,ibertic�usace.ai-mv,iilil
OR
(2) FAX this certification, after signing, to: (213) 452-=1196
OR
(3) MAIL. to the following address:
U.S. army Corps of Engineers
Regulatory Division
ATTN1: C ESPL-RG-SPL-2013-00567
Los Angeles District. Corps of Erigirieers
915 Wilshire Roulevard, Suitc 930
Los Angeles_ California 900 t 1
-9-
LOSANGELES DISTRICT
U.S. ARzVYCORPS OF, ENGINEERS
Permit Number:
SPL -2013-00567
Name of Permittee:
Rocky and Julie Dixon
Date of Issuance:
March 28, 2014
Date work in waters of the U.S. completed:
Construction period (in weeks):
Dame c& phone of contractor (if any):
Please note that your permitted activity is subject to a compliance inspection by an Army
Corps of Engineers representative. If you fail to comply with this permit you may be subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed
in accordance with the terms and conditions of said permit.
Signature of Permittee
Date
Upon completion of the activity authorized by this permit, sign this certification and return it
using any ONE of the following three (3) methods:
(1) E-MAIL a statement including all the above information to:
Jason. P. Lambert@usace.army.mil
OR
(2)_ FAX this certification, after signing, to: (213)452-4196
OR
(3) MAIL to the following address:
U.S. Army Corps of Engineers
Regulatory Division
ATTN: CESPL-RG-SPL-2013-00567
Los Angeles District, Corps of Engineers
915 Wilshire Boulevard, Suite 930
Los Angeles, California 90017
-10-
NOTIFICATION
1Q_.TI `I .`ATI I ADMIN T R-IATIVF APPEAL OPTIONS AND PROCESS
REQUEST FOS PEA
Appiicant Rocl<v and Julie Dixon �File Number: SPL 2013-00567-JPL Date. 3/28!2011
_Attached is: _ See Section belov
INI PIAL PROFFERED PERM IT (Standard Permit or Letter of-'Permission) A
X—PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DET\1IAL C
--- APPROVED JURISDICTIONAL, DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following; identifies your rights and options regarding; an administrative appeal of the above
decision. Additional information may be foundat hitl�;''���vy�.tr�acr�.arn�� rridF'�ecsr,t %�srre x ntatr r -a1s.as x or
Cor s`iegulatons at r C`I`P fart 331, — -
A. —11a11TIAL. IAL PROIFERED PERMIT: RMI I : x ou may accept or object to the permit.
ACCEPT: If you received a Standard Permit, you m iy si.an the permit document and return it to the distr icr ?mince, for
final authorization. if you received a Letter of Permission (LOP), you may accept the LOP and Your work is authorized.
Your sig nature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive
all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with
the permit.
* OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section fI of this form and return the form to the district
en ineer. Your obiections must be received by the district engineer within 60 days of the date of this notice, 01-You Will
Forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer wilt evaluate your
objections and inay: (a) modil}- the permit to address all oFyour concerns, (b) modify the permit to address some of your
objections. or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below'.
-------------------- ----- ------------------------------------ --
B. PROFFERED PERMIT: You may accept or appeal the permit.
0 ACCEPT: if you received a Standard Permit, you may sign the permit document and return it to the district engineer for
final authorization, Ifyou received a Letter of Permission (LOP), you may accept the LOP and your work is authorized.
Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive
all rights to appeal the permit, including its terms and conditions, acrd approvecljurisdictional determinations associated with
the permit.
a APPEAL: If you choose to decline the prot'fet-ed permit (Standard or L.-OP) because of certain terms and eonctitions therein.
you may appeal the declined permit under the Corps of Engineers .Administrative Appeal Process by completing Section It of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C. PERMITDENIAL: YOU may appeal the denial ofa permit under the Corps or Engineers Administrative Appeal -
Process b,, completing Section I1 of this forni and sending the lot-in to the division engineer.
This form must be received by the division engineer within 60 days of the date of this notice.
D. APPROVED JURISDIC['IONAL, DETERMINATION: You rnav accept or appeal the approved JD or provide
new information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 clays of the
date of this notice rneans that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
AuM n�5t2'ail - -_�1, ol'a?,..,g 1w iirIi�ivi?er. �ii, � i�u
form rust be received by the division engineer within 60 days of the date of this notice.
E. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding
the preliminary JD. The Preliminary JD is not appealable. If Voir Wish, you may request an approved JD (-which
may be appealed), by contacting the Corps district for further instruction. Also you may provide new information
for further consideration by the t:orps to reevaluate. the JD � ��
-11. -
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to
an initial proffered pert -nit in clear concise statements. You may attach additional information to this form to clarify where your
reasons or objections are addressed in the administrative record.)
ADDITIONAL. INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
If you have questions regarding this decision and/or the appeal
Process you may contact:
Jason Lambert, Project Manager
ATTN: CESPL-RG-SPL-2013-00567-JPI.,
Los Angeles District, US Army Corps of Engineers
915 Wilshire Boulevard, Suite 930
Los Angeles, Cali Ibrnia 90017
Phone:(213)452-3361 Fax: (213) 452-4196
Email Jason.P.Lambert�i=usace.armv.mil
If you only have questions regarding the appeal process you
may also contact: Thomas J. Cavanaugh
Administrative Appeal Review Officer.,
Li.S. Army Corps of Engineers
South Pacific Division
1455 Market Street, 2052B
San Francisco, California 94103-1399
Phone: (415) 503-6574 Fax: (415) 503-6646
Email: thorn€is.i.cavanauh_'«�usacc.arm�_mi1
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You wilt be provided a 15 day
notice of anv site investigation, and will have the opportunity to participate in all site investigations.
of appellant or
Date: I Telephone namber:
SPD version revised December17,1-010
-12 -
Applicant Options with Initial Proffered Permit
45 a PMAnd,
PWIN un)t "C
awwwIt,
PapywouOTS vg'l Standard
PW rn W n"Ry A S.,
wwou aid cwRions Ww�
I hL- Yes irlit', pfver&'
--I ,, PeM? 11
No
Apokz-: Seus up.fn Cinm or3 to
ditrk-.-. ai,-yseer , I ie r-,.eer
vv.11 either
of nr-'t mc-. fy
t po-f-mit A -.5tIi
I ar'
anc an RFA "am.
Avoky=Wb
the
u r ,-! i m 1 reAs and cordiacro of
T"ie Y'es thc
No
App wont dedues te pnhamd pem r
appeded by Mr -Ung a RFA w th-�
Unim- engreer w0m 00 cps
d2v of Wo NA" !"n Anguni r A:
Appendix B
2027 Placentia Avenue, Costa Mesa, California 92627
(949) 631-3121 - Fax (949) 631-3122
m
i -RIA""'
DOCK & PIER
BUILDERS, INC.
DOCK ±.; PIER BUILDERS,
2027 PLACENTIA AVENUE1, MESA, it 92627
49PHONE i FAX
EMAIL: r rr rrr.
WWW.Swiftslipdocks.com
24 April 2013
Marc Brown
California Regional Water Quality Control Board
3737 Main Street
Suite 500
Riverside, CA 92501
Re: Boat Floating Dock Replacement
Dear Mr, Brown:
We are acting as agents for the applicant listed below. This is notification that we intend to remove existing 712
sq, ft. floating dock and 3 existing 14" sq. concrete guide pile. Remove 6 ft. from existing pier. Re -use pier
support pile in different location. Replace with new 625 sq. ft. floating dock and 3 new 14" sq. concrete guide pile.
Install new 3 x 24 gangway. It is our intention to comply with all Regional Water Quality Control Board
requirements. We will not discharge vessel waste of any kind or adversely impact water quality at this location.
1. Applicant Name:
Rocky and Julie Dixon
2. Project Address:
107 Harbor Island Road
Newport Beach, California 92660
3, Applicant Phone:
949.631.3121
4. Parcel Number:
050 220 03
5. Scope of Work:
Remove existing 712 sq, ft. floating dock and 3 existing 14" sq.
concrete guide pile. Remove 6 ft. from existing pier. Re -use pier
support pile in different location. Replace with new 625 sq. ft. floating
dock and 3 new 14" sq. concrete guide pile. Install new 3 x 24
gangway.
6. Latitude/Longitude:
N33.363902, W-117.540440
7. Applicable Fees:
Enclosed is a check for the application fee.
8. Statement:
This notice is being submitted according to Regional
Board General Certification for sheet and dock pile
replacement, issued on September 29, 2005,
9. Statement:
The information in this notice is complete and accurate.
Please contact our office if you should have any questions.
Very truly yours,
SWIFT SLIP DOCK & PIER BUILDERS, INC.
Jacquelyn Chung
Permit Division
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR
CALIFORNIA COASTAL COMMISSION
South Coast District Office
200 Oceangate, 10th Floor nqa
Long Beach, California 90802.4416
PH(562)590-5071 FAX(562)590-5084
April 18, 2014
Permit No. 5-13-0582
Please be advised that the Administrative Permit with the above permit number which
was sent to you on December 20, 2013 and was reported to the Commission on
January 8, 2014 is now fully effective. Development of your project is subject to
compliance with all terms and conditions specified in the Administrative Permit,
Should you have any questions please contact our office.
CHARLES LESTER
Executive Director
Jeffrey Rabin
Coastal Program Analyst
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY EDiVlllidD G. BROWN, JR., Governor
CALIFORNIA COASTAL CONIMISSION
South Coast Area Office
200 Oceangate, Suite 1000 i
Long Beach, CA 90€302-4302 v.
(562) 590-5071 W6a
Staff: J. Rabin -%B
Kato; Deh 19,. 201:3,
K r ,
Application No.- -13-0582
Applicant: Rocky ,Julie Dixoii
Agent, Swift Slip Dock & pier Builders, Inc.
Location: 107 Harbor Island Road, Newport Beach (grange County)
Project Description: Remove existing dock and three 14" square concrete piles, Construct
new U-shaped dock with three new 14" square concrete piles. Narrow
boat slip from 24' to 18' wide. Increase the length of one dock finger
from 42' to 49. Increase the length of the other dock finger from 42' to
45'. Replace the existing 3' x 20' gangway with it new 3" x 24'
gangway. Increase the width of the headwalk from T to 8'. Total
overwater coverage for the structures involved in this project decreases
Froin 590 square beet to 585 square :feet.
The findings for this determination, and for any special conditions, appear on subsequent pages.
MOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is
reported to the Commission at its next meeting. If one --third or more of the appointed
membership of the Commission so request, the application will be removed from the
adira.nistrative calendar and set for public hearing at a subsequent Commission tweeting.
Our office will notify you if such removal occurs,
This permit will be reported to the Con-limssion at the follo�witlg tirr�r� and place;
January 8, 2014 — 9:00 a.m.
Catamaran resort Motel
3999 Mission Blvd.
Sam Diego, CA 92109
STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor
CALIFORNIA COASTAL. COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302 n
(562)590-5071 W6a
6
Staff: J. Rabin -LB
Date: December 19, 2013
Application No.: 5-13-0582
Applicant: Rocky & Julie Dixon
Agent: Swift Slip Dock & Pier Builders, Inc.
Location: 107 Harbor Island Road, Newport Beach (Orange County)
Project Description: Remove existing dock and three 14" square concrete piles. Construct
new U-shaped dock with three new 14" square concrete piles. Narrow
boat slip from 24' to 18' wide. Increase the length of one dock finger
from 42' to 49'. Increase the length of the other dock finger from 42' to
45'. Replace the existing 3' x 20' gangway with a new 3' x 24'
gangway. Increase the width of the headwalk from 7' to 8'. Total
overwater coverage for the structures involved in this project decreases
from 590 square feet to 585 square feet.
The findings for this determination, and for any special conditions, appear on subsequent pages.
NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is
reported to the Commission at its next meeting. If one-third or more of the appointed
membership of the Commission so request, the application will be removed from the
administrative calendar and set for public hearing at a subsequent Commission meeting.
Our office will notify you if such removal occurs.
This permit will be reported to the Commission at the following time and place:
January 8, 2014 — 9:00 a.m.
Catamaran Resort Hotel
3999 Mission Blvd.
San Diego, CA 92109
5-13_I1582 (Dixon)
Administrative Permit
IMPORTANT - Be ori yon ��ay ��rocccd rvitl� div€lo i��cz�,t �l�c lolitwriza �s� r�cc�r:
Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed
duplicate copy acknowledging the permit's receipt and accepting its contents, including all
conditions, and return it to our office. Following the Commission's ineeting, and once we have
received the signed acknowledgement and evidence of compliance with all special conditions, we
will send you a Notice of Administrative Permit Effectiveness.
BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH
DIJVEI,OPMF'NT YOU MUSTHAVE AVE RE, CEI' ED BOTH YOUR ADMINISTRATIVE
ISI; RMIT AND THE NOTICE OF PERMIT EFFECTIVENESS I+ROM °I HI FI I
CHARLES I ESTER
I"'xecutive Director
By: J fi eRabin
Title. Coastal Program Analyst
STANDARD CONDITIONS -
This permit is granted subject to the following 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 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 ern 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.
Interpretation. any questions of intent or interpretation of any term or condition will be
resolved by the Executive Director or the C"ominission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee files
with the C'orrrnrission an affidavit accepting all terms and conditions of the peal -it.
5. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to bind all future
owners and possessors of the subject property to the terms and conditions,
SPECIAL CONDITIONS- See pages rave through nine.
2
5-13-0582 (Dixon)
Administrative Permit
EXECUTIVE DIRECTOR'S DETERMINATION (continued):
The Executive Director hereby determines that the proposed development is a category of
development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive
Director through the issuance of an Administrative Permit. Subject to Standard and Special
Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the
Coastal Act of 1976 and will not have any significant impacts on the environment within the
meaning of the California Environmental Quality Act. If located between the nearest public road
and the sea, this development is in conformity with the public access and public recreation policies
of Chapter 3.
FINDINGS FOR E' XECUTIVE DIRECTOR'S DETERMINATION -
A.
PROJCCT MSICRIPTION
The subject site is a waterfront lot at 107 Harbor Island Road in the City of Newport Beach
(Exhibit 1). Single-family residences with private docks characterize the site and the surrounding
area (Exhibit 2). The proposed project would remove the existing dock and three 14" square
concrete piles. A new U-shaped dock would be built with three new 14" square concrete piles. The
existing boat slip would narrow from 24' to 18' wide. The length of one dock finger would increase
from 42' to 49'. The length of the other dock finger would increase from 42' to 45'. The existing
3' x 20' gangway would be replaced by a new 3' x 24' gangway. The width of the headwalk would
increase from 7' to 8' (Exhibits 3 and 4). Total overwater coverage for the structures involved in
this project decreases from 590 square feet to 585 square feet. This area includes only the dock and
gangway bayward of the bulkhead line. It does not include the deck and pier structures between the
actual bulkhead and the bulkhead line.
The dock project, associated with the existing single-family :home, will be used for boating related
purposes. As required by the City of Newport Beach Harbor Resources Division, an eelgrass survey
was conducted on May 3, 2013. No eelgrass was discovered within the project area. Eelgrass
surveys completed during the active growth phase of eelgrass (typically March through October) are
valid for 60 -days with the exception of surveys completed in August -October. A survey completed
in August -October shall be valid until the resumption of active growth (i.e., March 1). The project is
on the agenda for the January 2014 Coastal Commission meeting so the eelgrass survey is no longer
valid. Therefore, a subsequent eelgrass survey will be required prior to beginning any construction.
As required by the City of Newport Beach Harbor Resources Division, a pre -construction Cauletpa
taxifolia survey was clone on May 3, 2013. No Cauletpa taxifolia was found. Caulerpa taxifolia
surveys are valid for 90 days. The project is on the agenda for the January 2014 Coastal
Commission meeting. The Cauletpa taxifolia survey is not valid since more than 90 days have
passed since the survey was completed. Thus, an updated Cauletpa taxifolia survey must be
conducted prior to commencement of the project. Therefore, the Commission imposes Special
Conditions 2 and 3, which identifies the procedures to be completed prior to beginning any
construction. If any Caulerpa taxifolia is found on the project site, Special Condition 3 also
identifies the procedures to be completed prior to beginning any construction.
3
5,13.0582 `Dixon)
Administrative Permit
Local Government and Other Approvals
The proposed project has received Harbor Permit Number 135-107 and Plan Check Number 1090..
2013 ftom the City of Newport Beach Plarbor Resources Division. The applicant's agent has
applied for approval from the Santa Ana Regional Mater Quality Control Board (RWQCB) and the
U.S. Army Corps of Engineers.
As part of its Harbor Permit for the project, the City of Newport teach has imposed Special
Condition 8, which states: "Vessels shall not encroach upon neighbor's property on either side."
The City also included Special Condition 9, which says: " Vc� ssels may riot extend beyond the end of
Me s.intgers by anore roan the wicitn of its bearer, except as otherwise noted in the Murnrcipal C;ode."
The City's Special Condition 10 specifies that the rnaximurn beam of a vessel that is permitted to
side -,tie to the northernmost side of the float is 22'. The City's Special Condition l l says that the.
ixraxiinum beam that is permitted to side -tie to the so artherni host side of the fl,»l
.- V446 r.9 dG.
B. PUBLIC AcCESS
The subject site, is located on the, bayfront in the City of Newport Beach. The nearest vertical public
accessway to the bayfront and lateral access along the salad is approximately 575 feet away at the
Beacon Bay Beach and Public lock.
As conditioned, the proposed development will not have airy new adverse impact on public across
to the c oast or to nearby recreational acrlrties. Thais, as conditioned, the proposers (levelopinnent
conforms to Sections 30210 through 30214, Sections 30220 through 30224, and 30252 of the
Coastal Act.
'The proposed recreational 'boat dock development and its associated structures are an allowably; and
encouraged marine related use. The project design includes the mirnirnunn sized pilings and the
minimum number of pilings necessary for structural stability. 'Where areno feasible less
environmentally dannaging alternatives available. As conditioned, the project will riot adversely
impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Ccaule? 7)a
tax falls. Further, as proposed and conditioned, the project, which is to be used solely for
recreational boating purposes, conforms to Sections 30224 and 30233 of'the Coastal Act.
The City of Newport Beach has imposed Special Condition zl on their harbor Permit for this
project. "Only marine oriented uses are allowed on the mer_ Inicr platform ganImmy an float, Patin
furniture, plains etc ... are not pertnitted.'9 02 ^Y
D. WATER QUALITY
The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or
placement of consti-uction material, debris, or waste Ma location where it could be discharged into
coastal waters would result in an adverse eff-ect on the marine envirornnnent. To .reduce the potential
for construction related impacts on water duality, the Connrnission imposes Special Con itio , I
I
5-13-0582 (Dixon)
Administrative Permit
requiring, but not limited to, the appropriate storage and handling of construction equipment and
materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for
post -construction impacts to water quality the Commission requires the continued use and
maintenance of post -construction Best Management Practices (BMPs). As conditioned, the
Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act.
E. LOCAL. COASTAL PROGRAM
The Land Use Plan (LUP) for the City of Newport Beach was effectively certified on May 19, 1982.
The certified LUP was updated on October 8, 2009. As conditioned, the proposed development's
consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area.
Approval of the project, as conditioned, will not prejudice the ability of the local government to
prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3.
F. CALIFORNIA ENVIRONMENTAL, QUALITY ACT (CEQA)
As conditioned, there are no feasible alternatives or additional feasible mitigation measures
available that would substantially lessen any significant adverse effect that the activity may have on
the environment. Therefore, the Commission finds that the proposed project, as conditioned to
mitigate the identified impacts, is the least environmentally damaging feasible alternative and can
be found consistent with the. requirements of the Coastal Act: to conform to CF.QA.
SPECIAL CONDI'T'IONS:
This permit is granted subject to the following special conditions:
1. Water Quality
A. Construction Responsibilities and Debris Removal
(1) No demolition or construction materials, equipment, debris, or waste shall be
placed or stored where it may enter sensitive habitat, receiving waters or a storm
drain, or be subject to wave, wind, rain or tidal erosion and dispersion.
(2) Any and all debris resulting from demolition or construction activities, and any
remaining construction material, shall be removed from the project site within 24
hours of completion of the project.
(3) Demolition or construction debris and sediment shall be removed from work
areas each day that demolition or construction occurs to prevent the accumulation
of sediment and other debris that may be discharged into coastal waters.
(4) Machinery or construction materials not essential for project improvements will
not be allowed at any time in the intertidal zone.
5-13-0582 (Dixon)
Administrative Permit
(5) If turbid conditions are generated during construction a silt curtain will be
utilized to control turbidity.
(6) Floating booms will be used to contain debris discharged into coastal waters and
any debris discharged will be removed as soon as possible but no later than the
end of each days
(i) Non buoyant debris discharged into coastal waters will be recovered by divers as
soon as possible anter loss.
(8) All trash and debris shall be disposed in the proper trash and recycling
receptacles at the end of every construction day.
(9) The applicant shall provide adequate disposal facilities for solid waste, including
excess concrete, produced during deinnolifion or construction.
(10) Debris shall be disposed of at a legal disposal site; or recycled at a recycling
facility. If the disposal site is located in the coastal zone, a coastal development
permit or an annendment to this permit shall be required before disposal can tame
place unless the Executive Director dete.rnrinaes that no amendment or new permit
is legally required.
(11) All stock piles and construction nnater,ials shall be covered, enclosed on all
sides, shall be located as far away as possible front drain inlets and any
waterway, and shall not be stored in contact with the soil.
(12) Machinery and equipment shall be maintained and washed in confined areas
spedl3raily desioned to con-tre,I r'un-ff 'r",;liniers inn"" solvents sildil 1Aot be
�^
discharged into sanitary or stoat sewer systems.
(1 3) The discharge of any hazardous materials into ally receiving waters shall be
prohibited.
(14) Spill prevention and control measures shall be implemented to ensure the proper
handling and storage of petroleum products and other construction n-laterials.
Measures shall include a designated fueling and -vehicle maintenance area with
appropriate berms and protection to prevent any spillage of gasoline or related
petroleum products or contact with runoff. The area shall be located as far away
as possible 'rot) the receiving waters and Storm drain inlets.
__�
(15) Best Management Practices ( MPs) and Good 1-fousekeeping Practices (GNPs)
designed to prevent spillage and/or runoff of demolition or construction -related
nnaterials, and to contain sediment or contaminants associated with demolition or
construction activity, shall be implemented prion to the on -set of such activity.
(16) All BMPs, shall be maintained in a functional condition throughout the diaration
o1.construction activity.
6
5-13-0582 (Dixon)
Administrative Permit
B. Best Management Practices Program. By acceptance of this permit the applicant
agrees that the long-term water -borne berthing of boat(s) in the approved dock
and/or boat slip will be managed in a manner that protects water quality pursuant to
the implementation of the following BMPs.
(1) Boat Cleaning and Maintenance Measures:
a. In -water top -side and bottom -side boat cleaning shall minimize the discharge
of soaps, paints, and debris.
b. In -the -water hull scraping or any process that occurs under water that results
in the removal of paint from boat hulls shall be prohibited. Only detergents
and cleaning components that are designated by the manufacturer as
phosphate -free and biodegradable shall be used, and the amounts used
minimized.
c. The applicant shall minimize the use -of detergents and boat cleaning and
maintenance products containing ammonia, sodium hypochlorite, chlorinated
solvents, petroleum distillates or lye.
(2) Solid and Liquid Waste Management Measures:
All trash, recyclables, and hazardous wastes or potential water contaminants,
including old gasoline or gasoline with water, absorbent materials, oily rags,
lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will
be disposed of in a proper manner and will not at any time be disposed of in
the water or gutter.
(3) Petroleum Control Management Measures:
a. Boaters will practice preventive engine maintenance and will use oil
absorbents in the bilge and under the engine to prevent oil and fuel
discharges. Oil absorbent materials shall be examined at least once a year and
replaced as necessary. Used oil absorbents are hazardous waste in California.
Used oil absorbents must therefore be disposed in accordance with hazardous
waste disposal regulations. The boaters will regularly inspect and maintain
engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills.
The use of soaps that can be discharged by bilge pumps is prohibited.
b. If the bilge needs more extensive clearing (e.g., due to spills of engine fuels,
Iubricants or other liquid materials), the boaters will use a bilge pump -out
facility or steam cleaning services that recover and properly dispose or
recycle all contaminated liquids.
7
5-13-0582 (Dixon)
di-ninistrwive Perrxait
c. Bilge cleaners which contain detergents or emulsifiers will not be used for
bilge cleaning since they may be discli'arga.d to surface waters by the; bilge
pumps.
Eelgrass Serve '(s)
A. PIT-Cn struction Eelgrass Survey. A valid pre -construction eelgrass (Zostera
marina) survey shall be completed during the period of active growth of eelgrass
(typically March through October). The pre -construction surrey shall be completed
prior to the beginning of construction and shall be valid until the next period of`
active growth. The survey shall be prepared in Ball compliance with the "Southern
California Eelgrass Mitigation Policy" Revision b (except as modified by this special
condition) adopted by the National marine Fisheries Service and shall be prepared in
consultation with the California Department of fish and Wildlife. The applicant
shall submit the eelgrass survey fbr the review and approval of the Executive
Director within eve (5) brrsiness days of completion of each eelgrass survey and in
any event no later than fifteen (15) business nays prior to cornnaencement of any
development, If the eelgrass survey identifies any eelgrass within the project area
which would be impacted by the proposed project, the development shall require an
amendment to this permit from the Coastal C'orninission or a new coastal
development perrnit.
a host Construction Eelgrass Survey. If any eelgrass is identified in the project area
by the survey required in subsection A of this condition above, within one month
alter the conclusion. of construction, the applicant shall survey the project site to
determine if any eelgrass was adversely impacted. The survey shall he prepared in
hall compliance with the "Southern California Fclgrass mitigation Policy" Prevision
8 (except as modified by this special condition) adopted by the National lvlarine
l'ashel;;cs Qcrvlce and shall be prepared II] consultation with the California
Department of Fish and Wildlife. The applicant shall submit the pont-construction
eelgrass survey for the review and approval of the Executive Director within thirty
(30) days after completion of the survey. If any cel.grass has been impacted, the
applicant shall replace the impacted eelgrass at a minimum '1.2:1 ratio ora -site, or at
another location, in accordance with the Southern California Eelgrass Mitigation
Policy, All impacts to eelgrass habitat shall be mitigated at a miuirnutn ratio of 12:1
(mitigation: impact). The exceptions to the required. 1.2:1 mitigation ratio found
within SCEMP shall not apply. Implementation of mitigation shall require an
amend_rnent to this permit or a neve coastal development perruit unless the Executive
Director determines that no amendment or new permit is required..
35 Pr ,deo str�rctior� Cauleri zf�la , Survey
A. Not earlier than 90 days nor later than all days prior to commencement or
re -commencement of any development authorized under this coastal development
Permit (thee "project"), the applicant shall und,ortake a survey of the project area and a
buffer area at least 10 meters beyond the protect area to determine; the presence of
the invasive alga Caulerl-- taxr folio. The survey shall include a visual examination
of than substrate.
5-13-0582 (Dixon)
Administrative Permit
B. The survey protocol shall be prepared in consultation with the Regional Water
Quality Control Board, the California Department of Fish and Wildlife, and the
National Marine Fisheries Service.
C. Within five (5) business days of completion of the survey, the applicant shall ,submit
the survey:
(1) for the review and approval of the Executive Director; and
(2) to the Surveillance Subcommittee of the Southern California Caulerpa Action
Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted
through William Paznokas, California Department of Fish and Wildlife
(858/467-4218) or Robert Hoffman, National Marine Fisheries Service
(562/980-4043), or their successors.
D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall
not proceed with the project until 1) the applicant provides evidence to the Executive
Director that all C. taxifolia discovered within the project and buffer area has been
eliminated in a manner that complies with all applicable governmental approval
requirements, including but not limited to those of California Coastal Act, or
2) the applicant has revised the project to avoid any contact with C. taxifolia. No
revisions to the project shall occur without a Coastal Cornmission approved
amendment to this coastal development permit unless the Executive Director
determines that no amendment is legally required.
4. Public Rights
The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights
that exist or may exist on the property. The permittee shall not use this permit as evidence of a
waiver of any public rights that may exist on the property.
ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS:
I/We acknowledge that I/we have received a copy of this permit and have accepted its contents
including all conditions.
Applicant's Signature Date of Signing
9
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2 027 P i a c e Yal a Avenue, Cos I, a. Mesa., California 9262
(949) 631-,3121 - '-Fax, (949) 631-3122
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COASTAL COMIUMSION
PAGE .—.—OF—J---
DOCK & PIER
BUILDEMS, INC.
2027 Placentia Avenue, Costa Mesa, California 92627
8 (949) 631-3121 ® Fax (949) 631-3122 A,
Walters, Lisa
From: Jacquelyn Chung <Jacquelyn.chung@sbcglobal. net>
Sent: Monday, July 22, 2013 10:12 AM
To: Walters, Lisa
Subject: RE.- Dixon
Okay, make it 12 and 22. I'm going off of google maps and continuing on the extended property lines.
Jacquelyn
Jacquelyn Chung
Swift Slip Dock and Pier Builders, Inc.
Permit Coordinator
2027 Placentia Avenue
Costa Mesa, California 92627
949.631.3,121 office
949.631.3122 fax
From: Walters, Lisa I ma i Ito: I-Wa Iters(a newoortbeachca. qov]
Sent: Monday, July 22, 2013 10:00 AM
To: 'Jacquelyn Chung'
Subject: RE: Dixon
That = 62'. You have 60' as the total frontage.
Thanks,
Lisa
From: Jacquelyn Chung [mgi[toL:Jaqquelyo.cjiun_q@stKgLobaLnet]
Sent: Monday, July 22, 2013 9:58 AM
To: Walters, Lisa
Subject: RE: Dixon
Looking from the house out to the bay...
Left side = 13'
Right side = 23'
Jacquelyn
Jacquelyn Chung
Swift Slip Dock and Pier Builders, Inc.
Permit Coordinator
2027 Placentia Avenue
Costa Mesa, California 92627
949.631.3121 office
949.631.3122 fax
From: Walters, Lisa [mai Ito: I-Wa Iters@ newportbeachca.ciov]
Sent: Monday, July 22, 2013 9:37 AM
To: Jacquelyn Chung
Subject: Dixon
Hi Jacquelyn,
I am working on the Dixon AIC. Can you please give me the distance from the fingers to the side property lines on
either side.
1
Thanks,
Lisa
Lasa Walters-.farbor Resources 949.644.3044
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644--3034 / Fax (949) 723-0589
July 22, 2013
Property Address: 107 Harbor Island Rd.
With reference to the plans currently Lnder consideration at the above referenced address to
reconfigure or modify the dock systern or bulkhead, the following conditions will now be in
effect:
1. The project proponent is aware of the Harbor Permit Policies (Council Policy H--1) and Title
17 of the City of Newport Beach Municipal Code The project proponent understands that the
above referenced structure(s) is under the purview of these Policies and Codes.
2. Any future work on the above mentioned structure(s) requires permits with the City of
Newport Beach and any other applicable agencies. Painting and work considered to be
cosmetic in nature does not require a permit.
3. The conditions set forth in this document pertain to the proposed dock system and/or
bulkhead under consideration. Any future modifications or alterations to the dock system
and/or bulkhead may require new conditions which may override or change these conditions.
These conditions supersede all past conditions associated with this property.
4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio
furniture, plants etc ... are not permitted.
5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the
proper permits for equipment and materials storage. "Except as otherwise provided in this
section, no person shall use any public street, sidewalk, alley or parkway or other public
property for the purpose of storing or displaying any equipment, materials or merchandise, or
any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used
for the purpose of selling, storing, or displaying any equipment, material, merchandise or for
other commercial purposes in the following cases: ... For the temporary storage of construction
equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and
the storage is consistent with provisions of the Uniform Building Code."
6. The project shall be implemented in conformance with the Local Coastal Program - Coastal
Land Use Plan.
Page 1 & 2
7. In accordance with Municipai 'Code 10.28.0 40 the following noise regulations apply, "A.
Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging,
grading, dernolition, painting, plastering or any other related building activity, operate any tool,
eoPipment or machine in a manner which produces loud noise that disturbs, or . could disturb, a
person of normal sensitivity who works or resides in the vicinity, on any weekday except
between the hours of seven a -m. and six -thirty p.m., nor.on any Saturday except between the
hours of eight a.m. and six p.rn, B Sundays and Holidays. No person shall, while engaged in
construction, remodeling, digging, grading, demolition, painting, plastering or any other related
building activity, operate any tool, equipment or machine in a manner which produces loud
noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the
vicinity, on any Sunday or any federal holiday,"
8- y0wr side property lines extend in the water along their same bearing. Vessels shall
not encroach upon the nePiq1h_ht0r'1_c_- pge0"_O_rt-j on eithuer side.
9. Vessels may not extend beyond the end of the fingers by more than the width of its
b e a rn p w
e M Jz
10.
71M -
I I -RAR1 bearn of a vessel that is permitted to side -tie to the northernmost aide of the
, 10
float is 22',
11, The maxii-nurn beam of a vessel that is permitted to side -tie to the southernmost side of the
float is 12'.
Lisa Walters, Harbor Resources
Date
ApOlicAnt Signature
Joint
licant Signature (if 2pplirq�)Ip)
C
Print Name
Prinf KlQrnn 3 'e
Page 2 ,,, f 2
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3044 / Fax (949) 723-0589
Y. I
HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH
as required for permit application to the South Coast Regional Commission pursuant to
California Administrative Code, Sections 13210 and 13211.
[Propertv Address: 107 Harbor Island Rd.
Legal Description:
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application.
Page 1 of 2
And find
They comply with the current adopted Newport Beach General Ilan, Municipal
Code, Title 17 and any applicable specific or precise plans or,
o That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract raps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the
Municipal Code or other regulations in any manner that would affect the use of the
property or the deign of a project located thereon, this Approval In Concept shall
become null and void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted thereunder, this development:
Inas been determined to be ministerial or categorically exempt.
n Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
n Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
harbor permit and a building permit have been given and are final. The development is
not subject to rejection in principal by Newport Beach unless a substantial change is
proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Dench. See attached
Special Conditions.
Lisa Walters, Harbor Resou
July 2, 2013
Attachments -
Worksheet for wilding hermit Application
(Drawing
Pier Conditions
Fuge 2 of 2
Print Forrn. Worksheet for Combo Building & Solar Permit Application
F_ Comm'I Residential City of Newport Beach - Building Division
NOTE: PLAN CHECK FEES DUE AT TIME OF SUBMITTAL
F -Building F_ Grading F -Drainage F Elec F- Mech F Plum Cu
Address (Not mailing address) I- Flood F Fire r Liq
107 HARBOR ISLAND ROAD
Description of Work
Remove existing 590 sq. ft. overwater coverage dock system. Remove T of existing pier. Re -use
system Remove and replace 3 -14" sqconcrete guide pile. Install new 3 x14 gangway.
ite No
Use F - Const Type
# StoriesF_ # Units (if Res)
Valuation $ 50,000
New/Add SF x Remodel SF Garage/New/Add F Material/Labor
OWNER'S NAME Last Dixon First Rocky & Julie
Owner's Address Owner's E-mail Address
107 Harbor Island Road Jacquelyn.chung@sbcglobal.net
City Newport Beach State CA Zip 92660 Telephone 949.631.3121
APPLICANT'S NAME Last Swift First Pete
Applicant's Address Applicant's E-mail Address
2027 Placentia Avenue Jacquelyn. ch ung@sbcglobal. net
City Costa Mesa State CA Zip 92627 Telephone 949.631.3121
ARCHITECT/DESIGNER'S NAME Last First Lic. No.
Architect/Designer's Address Architect/Designer's E-mail Address
F 71
City State F_- Zip I Telephone
ENGINEER'S NAME Last Bazley First Tim Lic. No. 50019
Engineer's Address Engineer's E-mail Address
2500 Via Cabrillo Marina Unit 200 Jacquelyn.chung@sbcglobal.net
City San Pedro State CA Zip 90731 Telephone 949.631.3121
CONTRACTOR'S NAME/COMPANY Swift Slip Dock and Pier Builders, Inc. Lic. No. 797052 Class
Contractor's Address Contractor's E-mail Address
2027 Placentia Avenue Jacquelyn.chung@sbcglobal.net
City Costa Mesa State CA Zip 92627 Telephone 949.631.3121
SETBACKS REAR SETBACKS FRONT PERMIT NO.
SETBACKS LEFT SETBACKS RIGHT
USE ZONE
PLAN CHECK NO. Ii,9--2-015
DEVELOPMENT NO PLAN CHECK FEES $
Worksheet for Building Combo Permit Application
City of Newport Beach - Building Division
Comm'I j— Residential NOTE: PLAN CHECK..FEE DUE.AT TIME OF SUBMITTAL
rBuilding F7 Grading F -Drainage .7 Bec j-` Mech I— Plum cu Yd cut Cu Yd Fill r
Project Address (Not
address)
Floor Suite No
F
Description of Work .
Use
Remove existing 712 sq, ft. floating dock and 3 existing 14" sq. concrete guide pile. Remove
6 ft. from existing pier. Re -use pier support pile in different location. Replace with new 625 sq. #Stories— #Units (if Res
ft. floating dock and 3 new 14 sq. concrete guide pile. Install new 3 x 24 gangway. I
�— Valuation $ �/-� D
D .�
New/Add SFRemodel.SF� � Garage/Ne
1 w/Add I Material/LaborV lJ(/
OWNER'S NAME. Last ( �Y1 First I l�Y U iP!
Owner's Address Owner's E-mail Address
D IJacquelyn.chung@sbcglobal.net
CNewport Beach State Califomia 949. 631.3121
Tele hone
p Zip ZO p
APPLICANTS NAME Last Swift First ,Pete
Applicant's Address Applicant's E-mail AddressY
2027 Placentia Avenue Jacquelyn.chung@sbcglobal.net ti C "E"C
City Costa Mesa State Califomia Zip 92627 - Telephoner949.631.3121
ARCHITECT/DESIGNEIrS NAME Last �— First �- Lic. No.
Architect/Designer's Address Architect/Designer's E-mail Address
City State Zip Telephonel��
ENGINEER'S NAME Last Bazley First Tim Lic. No. 50019
Engineer's Address Engineer's E-mail Address
2500 Via Cabrillo Marina Unit 200 1Jacquelyn.chung@sbcglobal.net
City San Pedro State. California. Zip 90731 Telephone 949.631.3121
CONTRACTOR'S NAME/COMPANY Swift Slip Dock and Pier Builders Lic. No. 1797052 Class 1A
Contractor's Address Contractor's E-mail Address
2027 Placentia Avenue Jacquelyn.chung@sbcglobal.net
City
Ci Costa Mesa StateCalifomia Zip J92627 Telephone 949.631.3121
ENERGY P/C FEE $ FIRE P/C FEE $ PERMIT NO.
GRADING'P/C FEE $ . PLANNING P/C FEE $ PLAN CHECK NO. l
ELEC/PLUM/MECH PIC FEE $ PLAN CHECK FEE $
DEVELOPMENT# TOTAL. FEES PAID $
CITY OF NEWPORT BEACH
CITY OF
NEWPORT BERCN ;
I
\ v
ISLE M"AN
FIFR �� BHY
PTCI FI 4C \ �� f It
RIV
HIMT
VICINITY MAPrrr
PROF I LE 1' = 40'
SIDINGS FIRE EXPRESSED IN FEET RND DENOTE
ELEVRTIONS BRSED ON MEM LOWER LOW WRTER.
-- — _I SCOPE OF WORK ---- -- -
p Remove existing 590 sq. ft. overwater coverage dock system and 3
existing 14" sq. concrete guide pile. Remove T of existing pier.
Oar%( ��y� Re -use pier support pile indifferent location.
4 - -- - -;- - Replace with new 585 sq. ft. overwater coverage dock system and
'Alpl=1� -- - 3 new 14" sq. concrete guide pile.
2Xs g` ; Install new 3 x 24 gangway.
-
- I -
; — — z
o
fLU ooCIS
h yrs
5- - 04i"
f to ii Lo 'o c
tr,,,, - 0
r'x � G i V '�
q ��
l
- - - y
CD
CL
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_ - -
W
-$ WWZ
10,i
T
IV
,�
- -} _ CITY OF NEWPORT BEACH
—
T
17MICANT'S MM �l Ky D1 �N JOB ADDRESS 101 w Di(WARA [DRTE -1-01. 20 I77
Map Output Page I ®f I
http://www6,.city.newport-beach.ca.Lis/serviet/com.esri.esrimap.Esrimap?ServiceName=n... 4/10/2013
Dock and Pier Builders, Inc.
Contractor's License 797052 A
,www.swiftslipdocks.com
2027 Placentia Avenue - Costa Mesa, CA 92627
Telephone (949) 631-3121- Fax (949) 631-3122
Rocky and Julie Dixon
107 Harbor Island Road
Newport Beach, California 92660
Remove existing 590 sq. ft. overwater coverage dock system and 3 existing 14" sq. concrete guide pile.
Remove 7' of existing pier. Re -use pier support pile in different location.
Replace with new 484 sq. ft.overwater coverage dock system and 3 new 14" sq. concrete guide pile.
Install new.3 x 24 gangway.
Document #1— Assessors Map
Document #2 — Aerial View of Project Site
Document #3 — Project Site
Document #4 — Drawing of Exisiting Floating Dock
Document #5 — Drawing of Proposed Floating Dock
Floating Dock
Superfloat flotation pontoons
4 x 8 framing with 5 x 7 angle clips and 1/2" bolting throughout
3 —14" square pre -stressed concrete guide pile
1 x 6 TREX composite decking attached with stainless steel screws
3 x 12 facia with white rub strip and corners
Steel pile guides with 4 polyurethane rollers each
Gangway
24'x 3' dimensions
2 X 12 stringers
Heavy duty hinge and axle wheel combination
3 x 4 posts
Milled handrails an double sided rails
Decking to match floating dock
Pier
Remove 7 x 5 section of existing pier
Remove and re -locate existing pier support pile
AUTHORIZATION OF AGENT
(We
Di k6 Kl' '--el-eby designate and
I
authorize Peter Swift, and his representatije �acque;yn ad, '-hu
L L
or, my behalf as,,,-ny agent in the prcess ina of this permit appkation
and to furnishupCir7 requesting, soppier .,entai Information il-, support
of, applicatior.
EXHIBIT "E"
Recording Requested By
and When Recorded Return To:
City of Newport Beach
3300 Newport Beach Blvd.
P.O. Box 1768
Newport Beach, California 92658-8915
Attn: City Glerk
(Exempt From Recording Fees Pursuant to Government Code § 27383)
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
MEMORANDUM OF LEASE
THIS LEASE is made and entered into between the City of Newport Beach, a
California municipal corporation and charter city ("Lessor") and John W. Dixon and Julie
B. -Dixon, husband and wife as community property with right of survivorship ("Lessee").
Lessor hereby leases to Lessee that real property located in the City of Newport
Beach, County of Orange, California, described in Exhibit °1" attached hereto
("Property"). The term of the Lease is fifty (50) years, commencing March2013,
and ending March �� , 2063.
This Lease is subject to the terms conditions and provisions of an unrecorded
lease between the parties dated. March N 2013, which is incorporated herein by
reference. Unless extended by a recorded amendment or supplement hereto, this
Memorandum of Lease will automatically terminate as of March j ; 2063.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties have caused this Memorandum of Lease
to be executed on the dates.written below.
APPROVED AS TO FORM:
OFFICE OF THS� CITY ATTORNEY
Date: T /oV 13
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:_ '3-
By:��/aL By.
Aaron Harp David i
City Attorney City Manager
ATTEST:
3�L� l� LESSEE
Date:
Date: 7
By:
Leilani Br wn
. John . Dixon
City Clerk
Date: 3 _q� l3
By: -
Julie B. Dixon
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF GA-L-�M }
COUNTY OF A�56-rtAj ; S.S.
On J before me, 1 r �� a Notary Public in and for
said state personally pp`afed
T' ! • z -S
who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her7thei sipature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY of PERJURY under the laws of the State'of Cali forn n�ty)�f® b_' Paragraph is true
"y
and correct. a�Q
WITNESS my and and official sea].
Signatu JA 61)1
' !Ron'ThWi ea for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons
relying on the document.
[ } INDIVIDUAL
[) CORPORATE OFFICER(S) TITLE(S)
[ ] PARTNER(S) - [ ] LIMITED [ ] GENERAL
[ ) ATTORNEY-IN-FACT
[ ]
TRUSTEE(S)
[) GL1ARDIAN/CONSERVATOR
[) OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATF. OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
WASHINGTON INDIVIDUAL ACKNOWLEDGEMENT
STATE OF WASHINGTON
COUNTY OF -A6 -0h4
04. tis day p rsonally appeared before me �� u��. �(X 6Yl and
to me known to be the individual(s) described in and who executed the within
and foregoing instrument, and acknowledged that they signed the same as their free and voluntary
act and deed, for the uses and purposes therein mentioned.
Give under my hand and seal of office this day of Zp_.
Printed Name: �N�wr�rnyi
D O
My Comission Expires:
7� h
yam.
iron
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
On March 18, 2013 before me, M Locey, Notary Public, personally appeared David Kiff
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
Notary Public in and for said e
OPTIONAL INFORMATION
Title or Type of Document:
Memorandum of. Lease -Dixon
-------------
M. LOCEY
Commission #t 1864451 z
-� Notary Public - California zz
Z Orange County
My Comm. Ex fres Oct 7, 2013
EXHIBIT "1"
LEGAL DESCRIPTION OF THE PROPERTY
That certain real property located in the City of Newport Beach, County of
Orange, California, described as follows:
Lot B as shown on the map filed in Book 13, Page 42 of Record of Surveys in the Office
of the County Recorder, County of Orange, State of California.
Date: May 3, 2013
DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive
Long Beach, CA 90802
Swift Slips
2027 Placentia Avenue
Costa Mesa, CA 92627
107 Harbor Island Rd
Newport Beach, CA
Preliminary Survey
Subject: Preliminary Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey
107 Harbor Island Rd., Newport Beach CA
No Eelgrass patches were observed'in subject area noted above.
No Caulerpa Taxifolia was observed in subject area noted above.
This is a Preliminary report as required'in accordance with the Southern California Eelgrass Mitigation Policy
(SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions.
This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life
cycle chain for marine life to reproduce. This survey's assist development projects by contractors like you to
conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass
and controlling the spread of Caulerpa. Responsible development by contractors like you helps protect
these sensitive marine ecosystems, which in turn, protects our ocean resources.
Thank you. If you have any questions please feel free to contact us.
Respectfully,
PRELIMINARY SURVEY
Page 1 of 11
'e o
sin DIVE WORKS (949) 759-03
107 Harbor Island Rd
.:429-0 Shoreline Village Drive Newport Beach, CA
Long Beach, CA 90802
Preliminary Survey
Rocky & Julie Dixon
107 Harbor Island Rd.
Newport Beach, California
Swift Slips
Dock & Pier Builders, Inc.
Costa Mesa, California
Pre -Construction Survey
Report Prepared
May 3, 2013
by
Dive Works
Robert Wiegand
Survey assistance by
Sean
Donovan
PRELIMINARY SURVEY
Page 2 of 11
DIVE WORKS (949) 759-0773
a
` 429-0 Shoreline Village Drive
`a4r Lang Beach, CA 90802
List of Tables
List of Figures
Current Situation
Survey Method
Survey Findings
Discussion
Caulerpa Survey Form
Eelgrass Survey Form
CONTENTS
107 Harbor Island Rd
Newport Beach, CA
Preliminary Survey
. List of Tables
Tablet. Tides and Currents
.....................................................................................................................5
List of Figures
Figure 1. Location of 107 Harbor Island Rd., Newport Beach
..................................................................................................................'5
Figure 2. Dive Transects
..............................................................................:.............................6
Figure 3. Survey Results
..............................................................................................................7
PRELIMINARY SURVEY
Page 3 of 11
" 'VcOR
' DIVE WORKS (949) 759-0773
107 Harbor Island Rd
�Y 429-0 Shoreline Village Drive
, g Newport Beach, CA
3r�F.
]Long Beach, CA90802
Preliminary Survey
Current Situation — Preliminary Survey
Resident (Rocky & Julie Dixon) at 107 Harbor Island Rd., Newport Beach, CA is proposing to replace
existing "U" shape dock with a .similar "U" shape with slightly different dimension and a reduction in
overall square footage.
Construction has not started; this is a Preliminary Survey Report addressing the requirement to
determine impact on existing natural habitat and navigational impact to waters and channel. See Figure 1
Eelgrass was not.observed at the survey site. Caulerpa was not observed.
Survey Method
Survey conducted May 3, 2013 beginning at 1130 hr approximately N Lat 33.6110070, W Long
-117.9012260. Day was sunny with air temperature 78° F. Water temperature was 62° F. Depth ranged
from beach head at the sea wall to 3' at head -walk to 7' at end of dock. Visibility was 6 feet. See Table 1
Survey area delineated spanning 80 ft wide and 80 ft out from sea wall to cover all shade and impact areas
of the existing dock. Survey conducted with divers spaced 1-3 ft and perpendicular to shoreline. Lane
width was approximately 6 ft wide scanning approximately 3 ft on either side, covering the entire area to
ensure >75% coverage of bay floor. See Figure 2'
Survey Findings
Flora: No Caulerpa was observed (see attached Caulerpa Survey Reporting Form). No Eelgrass was observed
within the property (see attached Eelgrass Survey Reporting Form), nor within 20 feet of the property.
Fauna: Observation included mussels on piles. Remainder of survey area was sand and dirt (sediment). .
Visibility was 6 ft. The water depth ranged from 2' at sea wall to 7' at end of dock. See Figure 3
Discussion
Eelgrass (Zostera marina) was not observed throughout the area from sea wall to just past end of dock.
Mussels were observed on piles and floats. Proposed dock fingers will be 3' to 7' longer than existing dock
fingers. Width of proposed dock fingers will reduce by 1'. Head -walk of proposed dock will increase by 1'
foot from 7' to 8'. See Figure 3.
This'Preliminary Survey finds no impact to habitat or navigation.
PRELIMINARY SURVEY
Page 4 of 11
o,5'
DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive
° r� r �� Long Beach, CA 90802
c
Table 1: Tides and Currents
NEWPORT BAY ENTRANCE, CORONA DEL MAR, CA Stationld: 9410580
107 Harbor Island Rd
Newport Beach, CA
Daily Tide Prediction in Feet'r� -a;a�& tro5tataa ue tuna l
Time Zonei LST/LDT W 201-3/D5/02-2013105/03 Gookraw&
Datum, MLLW
5.88
4.59
J
L 4.89
D
*' 5.58
m
3.89
2.58
c 2.88
m
1.59
.�' 1.88
r 8.58
oa
8.88
x
8',.58
85/82 85/82 95/92 85/82 85/83 85/03 .85/63 65/83 85/84
12an ban 12pn 6pn 12an 6an 12pn 6pn 12an
Date/Tine (LST/LDT)
Preliminary Survey
r
PRELIMINARY SURVEY
Page 5 of 11
a s DIVE WORKS (949) 759-077
t
x, 107 Harbor Island Rd
429-0 Shoreline Village Drive Newport Beach, CA
Long Beach, CA 90802
Preliminary Survey
Figure 2. Dive Transects
1 } � "Id
if
'r1
33x14007'
i JJ�jj//�qAp�
r !M! 226'
}�,' M
$
Transects
{
Dive.
Perimeter
ArI
r IL
LY
k
r `
j IILLLL �y d ,< I
61 kyJ"°
yYo � 1
PRELIMINARY SURVEY
Page 6 of 11
µ DIVE WORKS (949) 759-0773
0'F't"±.r 429-0 Shoreline Village Drive
"
Long Beach, CA 90802
Figure 3. Proposed Dock
PRELIMINARY SURVEY
107. Harbor Island Rd
Newport Beach, CA
Preliminary Survey
Page 7 of 11
9 Wt'S,
DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive
Long Beach, CA 90802
Caulerpa Survey Reporting Form
107 Harbor Island Rd
Newport Beach, CA
Preliminary Survey
This form is required to be submitted for any surveys conducted for the invasive exotic algae, (Caulerpa)
which is required to be conducted under federal and/or state permits and authorizations issued by the U.S.
Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The
form has been designed to assist to identify and control any potential impacts of the authorized actions on
the spread of Calupera. Surveys required to be conducted for this species are subject to modification through
publication of revisions to the Calupera survey policy. It is incumbent upon the authorized permittee to
ensure that survey work is following the latest protocols. For further information on these protocols, contact:
Robert Hoffman, National. Marine Fisheries Service, 562-980-4043, or William Paznokas, California
Department of Fish & Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90)
ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive
Works Diving Service at 949-759-0773.
Required Information
Site Name:
107 Harbor Island Rd.
Newport Beach, CA
Survey Contact:
Robert Wiegand
(949) 759-0773
DiveWork@Gmail.com
Permit Reference:
(ACOE Permit No., CCC Permit No.)
Hydrographic System:
Newport Harbor
(bay, estuary, lagoon, or harbor)
Specific Location:
N 33. 6110070 Lat
(UTM; Lat./Long., datum, accuracy
W -117.901226° Long
level, attach electronic survey area
map if possible)
Was Caulerpa Detected:
Yes, Caulerpa was found at this site and
Has been contacted on date.
xxxx No, Caulerpa was not found at this site
Description of Permitted Work:
(describe briefly the work to be
conducted at the site under the
Replace existing "U" shape dock with a new "U" shape dock
permits identified above)
PRELIMINARY SURVEY
Page 8 of 11
op
DIVE WORKS (949) 759-0773 107 Harbor Island Rd
RM
w hr
v.. 7429-0 Shoreline Village Drive MI
Newport Beach, CA
0"S"2
� AR "� Long Beach, CA 90802
Preliminary Survey
Caulerpa Survey Reporting Form (Cont.)
Description of Site: (describe the
Depth range: 0'-7"
Bottom is sediment, Sand and Dirt.
physical and biological conditions
within the survey area at the time of
the survey and provide insight into
variability, if known. Please provide
units for all numerical information).
Substrate type:
Sediment, sand
Temperature:
7811 Air 620 Water
Salinity:
Dominant flora:
Dominant fauna:
Mussels,
Exotic species encountered -
None
Caulerpa
Other site description notes:
Description of Survey Effort:
Survey date and time period:
Survey conducted using SCUBA
(please describe the surveys
>75% area including bottom
conducted including type of survey
DATE: May 3, 2013
surveyed.
(SCUBA, remote video, etc.) and
TIME :1130 hr
survey methods employed, date of
work, and survey density (estimated
percentage of the. bottom actually
viewed). Describe any limitations
encountered during the survey
efforts.
Horizontal visibility in water:
6'
Survey type and methods:
SCUBA
Survey Personnel:
Robert Wiegand, Sean Donovan
Survey density:
Survey limitations:
None noted
Other Information: (use this space
to provide any.additional information
or references to attached materials
such as maps, reports, etc.
Caulerpa Survey Reporting Form (version 1.2, 10/31/04)
PRELIMINARY SURVEY
Page 9 of 11
DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive
Long Beach, CA 90802
Eelgrass Survey Reporting Form
107 Harbor_ Island Rd
Newport Beach, CA
Preliminar Survey
This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted
under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the
Coastal Commission and required for review by Marine Bureau and Planning Department. The form has been
designed to assist in identifying eelgrass while ensuring that the required information is consistently
documented. Surveys required to be conducted for this species are subject to modification through
publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure
that survey work is following the latest protocols. For further information on these protocols, contact: Robert
Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish
& Game; 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from
date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving
Service at 949-759-0773.
Required Information
Site Name:
107 Harbor Island Rd.
New' port Beach, CA
Survey Contact:
Robert, Wiegand
(949) 759-0773
DiveWork Gmail.com
Permit Reference:
(ACOE Permit No., CCC Permit
No.)
Hydrographic System:
Newport Harbor
(bay, estuary, lagoon, or harbor)
Specific Location:
N 33. 6110070 Lat
(LITM, Lat./Long., datum, accuracy
W -117.901226° Long
level, attach electronic survey area
map ifpossible)
Was Eelgrass Detected:
Eelgrass within 15' of project / disposal site
Eelgrass within 15'-30' of project / disposal site
X . No eelgrass in project / disposal site
Description of Permitted Work:
(describe briefly the work to be
Replace existing "U" shape dock with a new "U" shape dock
conducted at the site under the
permits identified above)
PRELIMINARY SURVEY
Page 10 of 11
DIVE WORKS (949) 759-0773
429-0 Shoreline Village Drive
Long Beach, CA 90802
107 Harbor Island Rd
Newport Beach, CA
Preliminar Survey
Eelgrass Survey Reporting Form (Cont.)
Description of Site: (describe the
Depth range: 0'-7"
Bottom is sediment and sand
physical and biological conditions
within the survey area at the time of
the survey and provide insight into
variability, if known. Please provide
units for all numerical information).
Substrate type:
Sediment, sand
Temperature:
780 Air 620 Water
Salinity:
Dominant flora:
None
Dominant fauna:
Mussels
Exotic species encountered
none
Other site description notes:
Description of Survey Effort:
Survey date and time period:
Survey conducted using SCUBA
(please describe the surveys
>75% area including bottom
conducted including type of survey
DATE: May 3, 2013
surveyed.
(SCUBA,, remote video, etc.) and
TIME :1130
survey methods employed, date of
work, and survey density (estimated
percentage of the bottom actually
viewed). Describe any limitations
encountered during the survey
efforts.
Horizontal visibility in water:
6'
Survey type and methods:
SCUBA
Survey Personnel:
Robert Wie and, Sean Donovan
Survey density:
Survey limitations:
None noted
Other Information: (use this space
to provide any additional information
or references to attached materials
such as maps, reports, etc.
Eelgrass Survey Reporting Form (April 2009)
PRELIMINARY SURVEY
Page 11 of 11
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
Special Conditions
July 22, 2013
Property Address: 107 Harbor Island Rd.
With reference to the plans currently under consideration at the above referenced address to
reconfigure or modify the dock system or bulkhead, the following conditions will now be in
effect:
1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title
17 of the City of Newport Beach Municipal Code. The project proponent understands that the
above referenced structure(s) is under the purview of these Policies and Codes.
2. Any future work on the above mentioned structure(s) requires permits with the City of
Newport Beach and any other applicable agencies. Painting and work considered to be
cosmetic in nature does not require a permit.
3. The conditions set forth in this document pertain to the proposed dock system and/or
bulkhead under consideration. Any future modifications or alterations to the dock system
and/or bulkhead may require new conditions which may override or change these conditions.
These conditions supersede all past conditions associated with this property.
4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio
furniture, plants etc ... are not permitted.
5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the
proper permits for equipment and materials storage. "Except as otherwise provided in this
section, no person shall use any public street, sidewalk, alley or parkway or other public
property for the purpose of storing or displaying any equipment, materials or merchandise, or
any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used
for the purpose of selling, storing, or displaying any equipment, material, merchandise or for
other commercial purposes in the following cases: ... For the temporary storage of construction
equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and
the storage is consistent with provisions of the Uniform Building Code."
6. The project shall be implemented in conformance with the Local Coastal Program - Coastal
Land Use Plan.
Page 1 of 2
7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A.
Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging,
grading, demolition, painting, plastering or any other related building activity, operate any tool,
equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a
person of normal sensitivity who works or resides in the vicinity, on any weekday except
between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the
hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in
construction, remodeling, digging, grading, demolition, painting, plastering or any other related
building activity, operate any tool, equipment or machine in a manner which produces loud
noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the
vicinity, on any Sunday or any federal holiday."
8. Your side property lines extend in the water along their same bearing. Vessels shall
not encroach upon the neighbor's property on either side.
9. Vessels may not extend beyond the end of the fingers by more than the width of its
beam except as otherwise noted in the Municipal Code.
10. The maximum beam of a vessel that is permitted to side -tie to the northernmost side of the
float is 22'.
11. The maximum beam of a vessel that is permitted to side -tie to the southernmost side of the
float is 12'.
Lisa Walters, Harbor Resources
Applicant Signature
Joint Pier Applicant Signature (if applicable)
Print Name
Print Name
Page 2 of 2
Date
Date
Date
HARBOR PERMIT
TRANSFER APPLICATION
829 Harbor Island Drive
Newport Beach, CA 92660
** Date of Application: February 19, 2013 Permit Number: 13s— kp-
** Property Address: 107 Harbor Island Road, Newport Beach, CA 92660
** Buyer's Names: John W. Dixon and Julie B. Dixon
Billing Address: A TP&PACre& /4 q-/ 67 -
Telephone No.: C+LJ ?j' 39k5
** Buyer's Signatures:
** Seller's Names: The :Dorothy 1. Devine Residence Trust dated June 30, 1.981
** Seller's Signatures:
Joint Owner Signature:
** Escrow Company: Mariners Escrow Corporation
** Address: 1100 Newport Center Drive, Suite 200, Newport Beach, CA. 92660
** Escrow Number: 44550 -BF ** Fax Number: 949-721-8157
Escrow Officer: Brian Foxeroft Phone Number: 949-640-6040
Closing Date (Estimated): March 15, 201.3
"STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS.
Inspection Date: CQ— )&ko) Reinspection Date:
Fee Paid: 4 Check No.: 5Sc? -7D
Application Completed:
Harbor Resources Signature/Date
Special Conditions: This permit is revocable by the City Council
In accordance with Title 17 of Newport Beach Municipal Code
HARBOR PERMIT
TRANSFER APPLICATION
829 Harbor Island Drive
Newport Beach, CA 92660
"Date of Application: February 19, 2013 Permit Number: 1 3S --t®-
** Property Address: 107 .Harbor Island Road, Newport Beach, CA 92660
** Buyer's Names: John W. Dixon and Julie B. Dixon
Billing Address:
Telephone No.:
** Buyer's Signatures:
** Seller's Names:
** Seller's Signatures:
Joint Owner Signature:
The :Dorothy .I. Devine .Residence Trust dated June 30, 1981.
** Escrow Company: Mariners Escrow Corporation
** Address: 1100 Newport Center Drive, Suite 200, Newport Beach, CA. 92660.
** Escrow Number: 44550 -BF ** Fax Number: 949-721-8157
Escrow Officer: Brian Foxcroft Phone Number: 949-640-6040
Closing Date (Estimated): March 15, 2013
"STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS.
Inspection Date: Reinspection Date:
Fee Paid: -moi Check No.: 55 q1477 0
Application Completed:
Harbor Resources Signature/Date
Special Conditions: This permit is revocable by the City Council
In accordance with Title 17 of Newport Beach Municipal Code
F� F c ' 6r. v1 r� r Yr "a. �"S
EwP°'b
o4 CITY OF NEWPORT BEACH
829 Harbor Island Drive, Newport Beach, CA 92659
U949-644-3044/Fax 949-723-0589
�9LIFOVL
March 22, 2013
Mariners Escrow
Fax# 949.721.8157
Re: 107 Harbor Island Road
Escrow#44550-BF
®ear Mariners Escrow,
The City of Newport Beach has inspected the above pier and found it to meet
City standards. Once we receive the application signed by both the buyer
and seller the pier will be transferred.
Thanks for your help and if you require further assistance in this matter please
call 949.644.3044.
Sincerely,
Marr WaB
Lisa Walters
�Ij
CITY OF NEWPORT BEACH
Harbor Resources Division
829 Harbor Island Drive, Newport Beach, CA 92659
949-644-3044/Fax 949-723-0589
February 26, 2013
Mariners Escrow
Fax #949.721.8157
Re: Escrow# 44550 -BF
107 Harbor Island Road
We were unable to locate the backflow device during our field visit for the
property transfer. Please call me and let me know of its location.
If there is not a testable backflow prevention device, one will need to be installed
prior to pier transfer.
Thank you,
.,PBa QUI%alters
Lisa Walters
Harbor Resources
INSPECTION FORM
Harbor Resources Department
Date:
Inspection Requested By: o�lCC-
Inspector: `Z"y
Pier Address:
Pier Transfe
GFI Present
Anti -Siphon / Backflow Present
Other Comments
Reinspection
YeV Need None Needed
3.
Eelgrass
Date Time Eelgrass Within 15' of Project
Eelgrass Within 15'- 30' of Project
❑ No. Eelgrass in Project Area
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
Map Output Page I of I
http://www6.city.newport-beach.ca.uslservleticom.esri.esrimap.Esrimap?ServiceName=n... 02/25/2013
Harbor Resources Depairtment
Date:
Inspection Requested By:
Inspector: Don Duffy
r
Pier Address: ,7,/CI
—) o—,l H,� D, sit.
Pier Transfer
GFI Present Yes Need
Anti -Siphon / Backflow Present
Other Comments
1, NOW=
Yes No
Presentl I
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Pier Location
Reinspection
None Needed Yes Need
------ Recommended Action
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July 11, 2005
CITY OF NEWPORT BEACH
Harbor Resources Division
829 Harbor Island Drive
Newport Beach, CA 92660
Mr. Tad Devine
1424 Dolphin Terrace
Newport Beach, CA 92625
RE: Illegal Live Aboard at 107 Harbor Island Rd.
Dear Mr. Devine,
It has been brought to my attention through an anonymous complaint that there may be an illegal
live aboard on the vessel "Hildago" which is berthed at your residential pier at 107 Harbor Island
Rd.
Please be advised that it is illegal to live aboard a vessel at a residentially zoned pier such as
yours. The Harbor Permit Policies, Section: General Provisions For Permits For Harbor
Structures — K, state:
"In those areas of the Harbor where the piers and floats are bayward of residential zoned
areas, live aboards shall not be permitted."
On December 29, 2004, I wrote you a letter describing this same complaint. At that time, you
were very cooperative and assured me, through a written letter to your dock tenant, that the
problem would cease.
On a July 6, 2005 phone call, I informed you of the reoccurring complaint about a possible live
aboard at 107 Harbor Island Rd. I explained that Harbor Resources and the Harbor Patrol would
be investigating the complaint and if we found that someone was living aboard a vessel at your
dock, I would be forced to issue you an Administrative Citation based on your previous warning.
Current rules allow for people to stay aboard their vessel 3 nights out of every 30 days.
Please take whatever measures necessary to cease live aboard activity at your residential dock
immediately. If you fail to take corrective action to bring your dock into compliance, an
Administrative Citation may be issued to you, the pier permittee, and penalties will begin to
accrue ($100, $200, $500 daily increments). Your cooperation is greatly appreciated.
If you have any questions regarding the enforcement of the Harbor Permit Policies, please feel
free to give me a call. This letter was sent via first class regular mail and certified mail.
Thank you,
019,
Chris Miller
Harbor Resources
(949) 644-3043
cmiller@city.newport-beach.ca.us
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■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.'
A. Receiv a riot Clearly) e o eli srrl
■ Print your name and address on the reverse
so that we can return the card to you.
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4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
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PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-142
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UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
City of Newport Beach
Harbor Resources Division
829 Harbor Island Drive
Newport Beach, CA 92660
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See Reverse for Instructions
December 29, 2004
CITY OF NEWPORT BEACH
Harbor Resources Division
829 Harbor Island Drive
Newport Beach, CA 92660
Ms. Dorothy Devine
107 Harbor Island Rd.
Newport Beach, CA 92660
Mr. Tad Devine
1424 Dolphin Terrace
Corona Del Mar, CA 92625
RE: Illegal Live Aboard at 107 Harbor Island Rd.
Dear Ms. Devine and Mr. Devine,
It has been brought to my attention through an anonymous complaint that there is an illegal live
aboard on the vessel "Hildago" which is berthed at your pier at 107 Harbor Island Rd.
Please be advised that it is illegal to live aboard a vessel at a residentially zoned pier such as
yours. The Harbor Permit Policies, Section: General Provisions For Permits For Harbor
Structures — K, state:
"In those areas of the Harbor where the piers and floats are bayward of residential zoned
areas, live aboards shall not be permitted."
Please take whatever measures necessary to cease live aboard activity at your residential dock
within ten (10) calendar days from the date of this letter. If you fail to take corrective action to
bring your dock into compliance by January 8, 2005, an Administrative Citation may be issued to
you, the pier permittee, and penalties will begin to accrue ($100, $200, $500 daily increments).
Your cooperation will be greatly appreciated in this matter.
If you have any questions regarding the enforcement of the Harbor Permit Policies, please feel
free to give me a call. This letter was sent first class regular mail and certified mail.
Thank you,
Chris Miller
Harbor Resources
(949) 644-3043
CMiller@city.newport-beach.ca.us
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T.A. Devine, Pres./CEO
Captain Fred Bockmiller
P.O. Box 4012
Newport Beach, CA 92661
Dear Fred,
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Estab.1969
January 9, 2005
I want to review in writing the issues discussed in our meeting yesterday January 8, 2005, where I gave you a copy of
a letter I received from the City of Newport Beach regarding your alleged "Living aboard" the "Hidalgo". I reviewed
with you the City's position and the surveillance actions they will be undertaking to monitor your possibly "living
aboard", in violation of city ordinances. As I told you, this will include close observation of "Hidalgo" by the Harbor
Patrol as they make their patrols on the bay. Police on motor patrol will be looking for the presence of your car parked
in the Beacon Bay area at hours that would indicate that you were spending an overnight aboard. The city is initiating
this activity in response to a complaint and must be responsive. I must take action or as you will note in the letter, I'm
subject to fines. Needless to say, this does not make me very comfortable.
Fred, we have discussed this in the past. You may recall my letter of August 8, 2004. 1 think] made my position
clear, there is NO living aboard. You have assured me that you are not living aboard, "Hidalgo" but residing at your
son's residence in Costa Mesa. You acknowledged that you spend a lot of time aboard, and sometimes stay aboard
"Hidalgo" in the evenings to watch TV. You assure me that you don't stay overnight. I will take that at face value.
However Fred, I want no misunderstanding, which is, should you engage in activity which is assessed as "living
aboard", as determined by the authorities, you will be asked to remove "Hidalgo" from the dock immediately.
I want you to acknowledge your understanding of the situation. I want you sign and return to me, a copy of this letter
(a copy and stamped envelope is enclosed), acknowledging your understanding of the above.
Sony Fred, but I know you understand the situation.
Regards,
Tad Devine
Encl.
cc. Chris Miller, Harbor Resources, City of Newport Beach.
Acknowledgement: I have received a copy of the City of Newport Beach's letter of December 29, 2004, regarding "live
aboard", and I have read and understand the above letter.
Captain Fred Bockmiller, Date
1424 Dolphin Terrace, Corona Del Mar CA 92625, Phone (949) 644-9664, Fax (949) 644-9667'
Cell: (714) 292-5677 Email: devinepropinc(caol.com
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Message
From: Miller, Chris [CMiller@city.newport-beach.ca.us]
Sent: Wednesday, December 15, 2004 8:32 AM
To: GIUDICE, ERIN L ,
Subject: Illegal Live Aboard at 107 Harbor Island Rd.
Erin,
Page 1 of 1
We received an anonymous complaint from a neighbor that there is an illegal lige aboard at a residential pier at
107 Harbor Island Rd. The informant has been monitoring this activity for many months and in fact, she was in
our office earlier this year asking what the rules were about live aboards. At the time, she was afraid to file a
complaint.
Per the Harbor Permit Policies, "in those areas of the Harbor where the piers and floats are bayward of residential
zoned areas; live aboards shall not be permitted." Of course, one of the major reasons for this Policy revolves
around water quality. Appparantly, the boat does not move from its slip for pump out. We do not know if a
service comes to pump out either.
Could I ask for your department to monitor this vessel on a regular basis, especially at night? Attached are
pictures and locations. As you can see, the vessel windows are covered with a heavy tarp so it would be
impossible for anyone to see lights from the inside. The only way to check things out would be to board the
vessel, I suppose.
Since this is Policy and not Code, I would be responsible for writing the Administrative Citation ($100, $200 &
$500 daily increments) to the pier permittee who is ultimately responsible. But, I would need verification from your
department that this is actually occuring. I would appreciate if you could let me know what you find out so I can
begin writing letters and taking action.
Thanks. Please give me a call if you need additional information.
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Vicki L. Wilson, Director
0� COUNTY OF ORANGEpay
Coun Pro Permits
300 N. Flower Street
PUBLIC FACILITIES & RESOURCES DEPARTMENT
�gLtFOR~� / Santa Ana, CA,92703
Telephone: (714) 834-5707
�. Fax: (714) 835-7425
January 31, 2002
Dorothy I. Devine, R.E. Trust
T.A. Devine Trustee
1424 Dolphin Terrace
Corona Del Mar, CA 92625
Subject: Annual Tidelands Encroachment Pier Permit # 1999-01551
Property address: 107 Harbor Island Road, Newport Beach. Assessors. parcel number 050-220-33
Dear Mr. Devine:
Enclosed you will find your Tidelands Encroachment pier permit and your receipt. Attached to your new
permit are the special provisions that are a condition of the permit.
It has been reported to this office that you are in violation of Section E of the permits special provisions.
Per Section E of the special provisions, sub -leasing your pier will cause you to forfeit your permit and your
pier will be subject to removal by the County of Orange.
Please consider this letter as your notification that you must comply with Section E of the special
provisions within thirty days from the date shown above.
The County's Code Enforcement Unit will attach a copy of this letter and a copy of the special provisions
to your pier for reference.
Please call me at 714/834-5707 with any inquires you may have or email me at
carolyn.uribe(a-,)pfrd.ocgov.com.
Respectfully yours, -
C' C�
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Caro yn A. Uribe
Engineering Technician II
County Property Permits Dept.
Attachments: 4
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
February 2, 1994
Dorothy Devine
107 Harbor Island Rd.
Newport Beach, Ca. 92660
Re: Pier Permit 0135-0107-1
Dear Ms. Devine:
The City of Newport Beach has received notice of a complaint from
the Orange County Sheriffs Harbor Department regarding the pier and
float bayward of 107 Harbor Island Rd., Newport Beach.
Specifically, the complaint is that there is a violation of Section
4-K of the Harbor Permit Policies, which states:
"In those areas of the harbor where the piers and floats are
bayward of residential zoned areas and are reserved for the
occupants of the abutting upland property, liveaboards shall
not be permitted."
Initial verification has established that there exist a liveaboard
situation with a vessel berthed at your dock, and this letter
requires the permittee to correct the situation and come into
compliance with the above stated policy within fifteen (15) from
the date on this letter.
If you need to discuss this further, please call me at 714-644-
3044.
�.
Sincerely, /
,
Wes Armand
Harbor Inspector
City of Newport Beach Marine Department
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-11768
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3300 Newport Boulevard, Newport Beach
CIS' OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
gClF0FN
10-01-90
Ms. Dorothy Devine
lib, Harbor- island Rd.
92 L
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Re:Harbor" Permit � 135-4 '.
Dear his. Devine:
-she City oi Newport Beach has received a complaint regart"_;-g
the use of your residential pier and float tbayw.ard ,of *h
above address. Specifically, the complaint is that the vessel
Freedom Hope is being used as a live aboard boat in viniation
of Section 4 of the Harbor- Permit Policies, which states:
4-k--: " in those areas of the harbor- where the piers a:nd
4luats are baywar-d of residential zoned areas, and are
reserved for occupants of the abutting upland property,
1 i•veaboar-ds shall not be permitted.''
F 1'=a_ c_jonta`t me at the Marine Depar-tmOt as soon as
t C 714-644-0044.
1��c'4t�1F�? todi ACUS=. this 5 La r r1� 1 �� all
Sincerelyf
Wes Armand
Marine Department
3300 Newport Boulevard, Newport Beach
Worksheet for Building Combo Permit Application aEWPo
i'nnt Qrin - � -�Rr
City of Newport Beach - Building Department' , }
Please print -3 copies \ z
IF
[7Building f7 Grading F -'Drainage F— Elec MechHAMR RE UR
1. Project Address (Not mailing address) I I OF NEWPORT
Tenant Name(if Applicable) �, Y `W l < ............
# Units (if Residential)
2. Description of Work
Use
l
........ ...... ...........................
Exist House SFF77
Demo House SF
........................
F77
./.:...................:.. .�
Add/Reconstruct House SF
.........
Valuation $
W
1
Exist Gar SF
Demo Garage SF
,
Add/Reconstruct Garage SF
...............................................:
#Stories
F7
TOTAL HOUSE SIF
. ............ ..... ..........
,. Cu Yd Cut,
New Add
Alter
Demo
TOTAL GARAGE SF
Cu Yd Fill
Check Appropriate Box for Applicant
Owner's Name
Last®
First[ -TAD
Owner's Address
o ►.r�. ...... .
City State
Owner's E-mail Address
. .... . .
Zip Telephone
............. .
4. Architect/Designer's Name Last First' Lic. No.
Architect/Designer's Address
17 ............................. ...............
.. .
City ' State
Architect/Designer's E-mail Address
Zip� Telephoned
[7.5. Engineer's Name Last First Lic. No.
Engineer's Address
CityState ................... : ........................................................ ......................F77
6. Contractor's Name Last
Contractor's A dress
...... ...... DI .
City State ff
OFFICE USE ONLY ENERGY P/C FEE $
GRADING P/C FEE $
Engineer's E-mail Address
... ......................................... ....... ........
Zip .................... .............Telephone
First`
Lic. No. Class
....................: `
Contractor's E-mail Address
P .................... V..WT ................. ....................................
�
.....
�I� j ... .................................
Zip Telephonew,V 1
PERMIT NO.
PLAN CHECK NO.
Rev 1118107 ELEC/MECH/PLUM P/C PLAN CHECK FEE $
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1A SCOPE OF WORK:'-- --
T, PIC -I,:) Remove and replace 1, 4' "T" Pile E-XZSi
! 'XIS T, BULXHF 12
27"F1445
( L I
o : HARBOR RESOURCES DIV.
CITY OF NEWPORT BEACH
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PERMIT NO.
DREDGING APPLICATION
Project Location: 107 Harbor Island Dr.
Cubic `dards to be Dredged: 277
Method
of
Dredging:
Hydraulic Suction
Nature
of
Dredged Material:
Sand/Silt
Disposi Kwon of Dredged Material: Place material on adjacent beach
Method of ,Materia'_ Disposition: Pump through discharge pipe to disposal
fill area
Turbidity Control Method:- Filter screen around discharge site, if needed
Effect of dreGc-.a_n7 on contiguous bulkheading and beaches Will
restore depleted beach and reinforce bulkhead
LaVerne Harris , hereby state that I have read the S. Army.
;print r_a.m.e
Corps orc�-;ear permit for maintenance dredging in Newport Harbor, the
City of Newport Beach and Orange County Harbors,Beaches and Parks District
(If applicable? Dermit for maintenance dredging and that I accept all the
Provisions the:reln. Additionally I guarantee teat the proposed dredging
will not occur because of any altering of existing use of +:'-.e affected
zone.
Dorohy Dev
ine _ Newport Dredging
�Aon-I c a name)
.,..oa, ~or--.9''e� :aye'
2/21/85
Re-esentat i ve
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CITY OF NEWPORT BEACH
H A RZE 0 R F Elk- I I„,,999
PERMISSMeN 9S f83EREGV GRA14'rM TO AN,.
MAINTAIN T244E FACHATY Tv
AT THE Sz72
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CITT. u7mli
DATE
SPECIAL CONDMONS:
Qar,ps 10” Er,'j,, nesrs Permit
Or, nge county Perfalt
Other
PERMIT ISSUED SUBJECT To
DREDGE MATER AL. BEING
Hk,4'JLED TO SEA
PLACED ON BEACH_ 7-- 7 7 e,.f-
CITY OF -NEWPORT BEACH
HARBOR PER Pkfi IT
PERMISSION IS H"R EBY cONSTRU ND
. CT A
MAINTAIN THE ITACWTY
AT T14E SIT -e 5.qj�DPCATLD,
.S
THE HARBOR PEFVnAirf UAC+lApl.
ANY SPECIAL CONDIT20IN'S T"NiM PEPM:
IS NOT "ANSFERARLE C'.-Xql ENT C
tt
THE C41Y PARSOR T
RIGH7S G%IVILTR U11MIDEr,
AND THIS PER'ONT VIA',E-1 VVI
IN ACCORDANCE WTH TITLE: 'KE iNliC, P L -,G,DE.
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PERMIT NO. DATE
SPI'tiCIAL
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Orange COU."ty permi't 7
Other -.61,
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STATUS SHEET
HARBOR PERMITS
LOCATION ,/217T, ._ .S /e" l
New
PERMIT N0. /
--/
Revision
APPLICANT NAME
% ,��, .:._ f/°,a,
Dredging
f
CONTRACTOR
Date Rec'v
- r Fee Amt. - Fee
Processed,-_
Date Reviewed by
Marine Dept.
Approved
Denied
Corection Required,-
Description
City Council:
Approved Denied
Remarks
DATE
MATERIAL SENT/APPROVED
C.O.E. SCRZCC SARWQCB J.H.C.
OR. CTY. T.I.C.
1. Application
2. Consent Ltr.=G=��V7
3.' "Waste" Ltr.
4. Drawings
5. Staff Report
6.
7.
8.
REMARKS
/ NAME
DOROTHY I. DEVINE
MAILING ADDRESS
APPROVED BY:,
P DATE
❑
OCHD
❑
ENGR
❑
COUNCIL
PUBLIC WORKS
❑
DEPT.
❑
ESCROW
1
INSPECTION
SPECIAL CONDITIONS:
ADDRESS OF PROPOSED FACILITY PERMIT #
107 4arbor Island Dr. 135-107 ,-
TELEN._ E NO. - _ FEE CHECK NO. DATES
80.- 5-8-78
[APPLICATION IS HEREBY MADE FOR A HARBOR PEERMIT TO
JCiTIREVISE A pier anifl9�b
T THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF
EWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING
BY
COMPANY
DATED
DATE
SIGNATUR
CITY OF NEWPORT BEACH, CALIF. Wx FORM 68.7010
.>
ADDRESS ESS OF PROPOSED FACILITY
PERYrtIT
5, AILI'NG ADDRESS
TEL NO.�
FEE
CHECK NO
DAT
M
-APPROVED DATE
APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO
-OCHD'
T/REVISE A�',
EN.GR ., ❑
AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY 'OF
-
NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING
-COUNCIL ❑
BY
. COMPANY.,
PUBLIC WORKS
DATED
.❑
DEPT'.
'ESCROW. ❑
DATE.
INSPECTION El-
IN
SIGNATU R-
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SPECIAL CONDITIONS:
CITY OF NEWPORT BEACH, CALIF, wx,FORM seroio
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SPLCO-N 15 May 1978
Miss Dorothy I. Devine
107 Harbor Island Road
Newport Beach, CA 92660
Dear Miss Devine:
Thank you for your letter of 8 May 1978 notifying us of
your intent to construct a modification of a pier and float at
107 harbor Island Road, Lot B, Tract Westside addition.
Your drawings have been reviewed and, generally conform to the provisions
of General Permit GP004 for privately owned boat docks
in Newport Bay.
Providing you have complied with State and local laws, you may proceed
with the work.
Your proposed work has been assigned General Permit No. GP 004-043
If you have any further questions please feel free to call our Navigation
Branch at (213) 688-5606, and refer to this number. A copy of the General
Permit is inclosed.
1 incl
As stated
� r
sE FL 537
Apr 77
Sincerely yours,
R.P. UTE P.E.
Chief, Construction -
operations Division.
DEPARTMENT OF THE ARMY
5r) �
LOS ANGELES DISTRICT, CORPS OF ENGONEERS
P. O.
�
CALIFORNIABOX4
LOS AGELES, CAL90053
iV
SPLCO-N 15 May 1978
Miss Dorothy I. Devine
107 Harbor Island Road
Newport Beach, CA 92660
Dear Miss Devine:
Thank you for your letter of 8 May 1978 notifying us of
your intent to construct a modification of a pier and float at
107 harbor Island Road, Lot B, Tract Westside addition.
Your drawings have been reviewed and, generally conform to the provisions
of General Permit GP004 for privately owned boat docks
in Newport Bay.
Providing you have complied with State and local laws, you may proceed
with the work.
Your proposed work has been assigned General Permit No. GP 004-043
If you have any further questions please feel free to call our Navigation
Branch at (213) 688-5606, and refer to this number. A copy of the General
Permit is inclosed.
1 incl
As stated
� r
sE FL 537
Apr 77
Sincerely yours,
R.P. UTE P.E.
Chief, Construction -
operations Division.
May 17, 1978
i
Mrs. Dorothy I: Devine
107 Harbor Island Road
Newport Beach, CA 92660
Dear Mrs. Devine:
Your letter dated May 8, 1978, requesting clearance for pier
and float construction in Newport Bay has been reviewed. We
require,in addition to the no waste discharge stipulation, a
statement that no boat moored at such facility will be
utilized for live -aboard purposes.
As soon as your statement is amended, we will provide the
necessary clearance.
Sincerely,
q
khn M. asadzinski
Senior Engineer
OMZ : t1c�
from a bridge located between the Baywood
Apartments and the Harbor ew homes as he
rode his bicycle on the bridge and fell off
the bridge breaking his jaw because of',an
alleged inadequate railing.
(h) Claim of Ellen B_ Smith for damages and
personal injuries sustained on or about June 4
1977 when she stepped off the curb at the
corner of 26th Street and Balboa Boulevard
and twisted and fractured her foot because of
a defective area in the asphalt".and is
.alleging negligence on the part of th& City
in connection with street maintenance.'.
(i) Claim of Southern California Gas Company for
damages and costs allegedly incurred when
City work forces damaged their main at!#22
Baruna Court on or about June 20, 197.71.
(j) Claim of Nancy Kilpatrick and Kay Cooper, dba
as "Agate 108" for loss of revenue from their
parking lot, which was allegedly caused by
Fleming Engineering and Construction Company
while doing work for the City by parking.
their heavy construction equipment in 'the
private lot, damaging same as well as a gas
pipe.
(k) Claim of J. W. Arnold for damage to his door,
allegedly caused by a Newport Beach police
officer who pursued Mr. Arnold's son into
their home at 365 Ramona Way, Costa Mesa on
May 6, 1977.
6, The following request to fill personnel vacancies
was.approved: (A report from the City Manager)
(a) One Equipment Mechanic III in the General`
Services Department to fill a position now.
vacant.
(b) Two Laborers in the General Services Depart-
ment to fill positions now vacant.
7. The sound amplification permit of the Villa Nova
Restaurant, 3131 West Coast Highway for the use of
a public address system to be used between the
hours of 4 P.M. and 11 P.M. on August 14, 1977 was
approved. (Attached with a report from the Police
Department)
8. The following maintenance dredging harbor permits
were approved subject to the conditions of'approva
Volume 31 - Page 209
✓-3r-)0
Smith
(2739)
So Calif
Gas Co
(2740)
Agate 108`.
(2728)
Arnold
(2729)
(1203F)
Sound
Amplif ica-
tion
(1564F)
Permits
L304F
A
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
,o
2
A 9( Z �
s is
ROLL CAI I �� \ Aiiv„cr R i 477
under the general permit issued by the U: S. Army
Corps of Engineers: # 35-107 by Dorothy Devine,
107 Harbor Island Drive and ;'135-082 by Beacon Bay
Community Association, X610 Beacon Bay Drive. (A
report from the Marine Department attached)
9. The following.budget amendments were approved:
BA -4, $87,500 transfer of Budget Appropriations,
transfer of Gas Tax Funds for expenditures of
maintenance ($80,000) under Section 210.7IS & H
Code and for engineering services ($7,500') under
Section 2107.5 S & H Code, from Unappropriated
Surplus, State Gas Tax Fund to General Fund.
BA -S, $300,000 transfer and a decrease in'Un-
appropriated Surplus to provide for reserve funds
for Corporation Yard, General Fund.
BA -6, $419,365 increase in Budget Appropriations
and decrease in Unappropriated Surplus for salary
adjustments, General Fund.
BA -7, $31,420 increase in Budget Appropriations
and decrease in Unappropriated Surplus for 1977-78
Salary Adjustments, Park and Recreation Fund.
BA -8, $24,690 increase in Budget Appropriations
and decrease in Unappropriated Surplus for 1977-78
Salary Adjustments, Library Fund.
BA -9, $50,955 increase in Budget Appropriations
and decrease in Unappropriated Surplus for retire-
ment contributions to cover salary adjustments,
Retirement Fund.
BA -10, $21,935 increase in Budget Appropriations
and decrease in Unappropriated Surplus for 1977-78
Salary Adjustments, Water Fund.
BA -11, $530 increase in Budget Appropriations and
decrease in Unappropriated Surplus for 1977-78
Salary Adjustments, Marinapark Fund.
BA -12, $10,300 increase in Budget Appropriations
and decrease in Unappropriated Surplus; from off-
street parking reserve for acquisition of the
State right-of-way parcel between Tustin Avenue
and City -owned lot from State of California,
General Fund.
BA -13, $141,140 transfer and a decrease in Unap-
propriated Surplus to provide for a reserve -of 7.07-
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CITY OF NEWPORT
HARBOR PERi,,d- ia
PERMISSION IS HERLSY GRA,.,Q7F-D To ANIC
MAINTAIN THE FACWTV T"""
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AT TME SiTZ 7. C A'kte V,
'T zl�,,�q.A4CK AN!
Tore nARPou P R,�Vfff
Al4y 1-tPECI4.L CGV'V'i4, '"-2'
IS NOT -FRAAt-5r-V-i.AELE VJ
T
THE Cz a�,ASSOR§00 EbB�t
RlGvfl� CIVE14 UN'Dr-r-21, 1,1,w�,,-:
y �p, EV
AND
AND! p
L CODE.
IN ACCORDANCE 'VATH "i'VeL 7
is
ARBOR COORDINATOR
4?!5--
PERMIT NO. DATE
Permit
Oran,ge COmII t Permit
othen F -,r- 77
7
MARINE DEPARTMENT
August 8, 1977 ITEM NO.: H-10
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATION NUMBERS 135-107 AND 135-082 FOR
MAINTENANCE DREDGING AND BEACH RESTORATION
Recommendation
If desired, approve the maintenance dredging applications.
Discussion
These applications require City Council approval under the conditions of
approval of the City of Newport Beach general permit for maintenance dredging
issued by the U. S. Army Corps of Engineers on February 12, 1974 and sub-
sequently amended on May 10, 1977 to allow beach restoration.
The location and applicants for the proposed dredging and beach restoration
are:
135-107 - Dorothy Devine, 107 Harbor Island Drive
135-082 - Beacon Bay community Association, #10 Beacon Bay
The staff has reviewed these projects and has determined that the work will
be done within the parameters of the Corps of Engineers permit. The dredging
contractor will place a filter screen around the discharge site to control
turbidity. There is no known eel grass within the project zone.
The projects will aid in the protection of the bulkhead at 107 Harbor Island
Drive and in beach restoration and maintenance for Beacon Bay Community
Association as well as providing adequate depth to moor vessels at the
applicants docks.
D. HARSHBARGER, DIRECTOR
MARINE DEPARTMENT
V6n- Wel den
Tidelands Administrator
GEW:II
PERMIT NO.
DREDGING APPLICATION
Project Location: 107 Harbor Island Dr.
Cubic Yards to be Dredged: 178
Method of Dredging: Hydraulic Suction
Nature of Dredged Material: Sand/Silt
Disposition of Dredged Material: Place material on adjacent beach
Method.of Material Disposition: Pump through discharge pipe to
disposal fill area
Turbidity Control Method: Filter screen around discharge site.
Effect of dredging on 'contiguous bulkheading and beaches Will restore
depleted beach and reinforce bulkhead
I► Wm. L. Harris , hereby state that I have read the U. S. Army
(print name)
Corps of Engineers permit for maintenance dredging in Newport Harbor, the
City of Newport Beach and Orange County Harbors,Beaches and Parks District
(if applicable) permit for maintenance dredging and that I accept all the
provisions therein. Additionally I guarantee that the proposed dredging
will not occur because of any altering of existing use of the affected
zone.
Dgrothy Devine
(Applicant -type name
7/8/77
(Date)
Shellmaker Inc.
Contractor -type name)
Signed:
on ractor s
Representative