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Home My WebLink AboutM2005-0082June 14, 2005 CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 Mr. William Smith 15 Harbor Island Newport Beach, CA 92660 80 No. La Senda Laguna Beach, CA 92651 RE: Encroaching Pier at 14 Harbor Island Proposal to Reconfigure Pier at 14 Harbor Island Dear Mr. Smith, This letter describes the pier located at 14 Harbor Island and the proposal to reconfigure said pier. Many years ago, lots 15 and 16 on Harbor Island were separate lots that had their own pier permit. More precisely, lot 14 and lot 15 enjoyed a shared pier that was positioned directly on the property line while lot 16's pier was well within the lot lines. Over time, lots 15 and 16 were combined to its present configuration of one residential property. The large dock at the old lot 16 remained and the float in front of 15 was removed. However, the pier that was positioned along the property line of 14 and the old lot 15 remained so that it continued to encroach upon the newly combined lot 15. In 2002, a letter was signed by the property owners at 14 and 15 acknowledging that this encroachment exists. Per the Harbor Permit Policies which state you are only allowed one pier per residential property, you have not had any rights to this encroaching pier. (See aerial photo.) The above facts are not in dispute but merely stated to clarify the position of the encroaching pier. The purpose of this letter is to inform you that your neighbor at 14 Harbor Island intends to completely rebuild his dock system within the guidelines of City Standards. Therefore, he will be bringing his pier into compliance per the Policies by removing the encroachment and positioning his new pier, gangway and float 5' setback from the property lines. (See attached proposal.) 2 This letter is intended to be a courtesy notice to keep you informed. Please feel free to call me with any questions that you may have concerning this matter. Thank you, Chris Miller Harbor Resources Supervisor (949) 644-3043 cmiller@ciiy.newport-beach.ca.us Attachment: Aerial Photo Current Proposal j.. -c ITY of'NEWPORT BEACH' L. R. NE wp HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions June 14, 2005 Property Address: 14 Harbor Island With reference to the plans currently under consideration to reconfigure or modify the dock system, the following conditions will now be in effect on the above referenced pier. 1. The pier permittee is. aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Beach Municipal Code. The pier permittee understands that the above referenced Dier is under the Durview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not reauire a r)ermit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system 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. Your side property lines extend in the water along their same bearing. The westernmost property line extends exactly parallel to the easternmost property line. 6. A vessel may not extend beyond the end of the finger by more than the width of its beam. 7. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the float is 20'. 8. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the float is 8'. Signature: Chris Miller, ;641, ( rj urces Supervisor /a /( z /0� Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date SEP -P jij�,'-17! FROM:SWIFTSLIPDOCK.COM (949) 631-3122 TO:7230589 j 'WP6 4� :1�44 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions June 14., 2005 Property Address: 14 Harbor Island With reference to the plans currently under consideration to reconfigure or modify the dock system, the following conditions will now be in effect on the above referenced pier. 1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Beach Municipal Code. The pier permittee understands that the above referenced Dier is under the Durview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not reauire a Dermit. 3. The conditions set forth In this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system may require now 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. Your side property lines extend in the water along their same bearing. The westemmost property line extends exactly parallel to the easternmost property line. 6. A vessel may not extend beyond the end of the finger by more than the width of its beam. 7. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the float is 20'. 8. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the float is 8'. Joint Pier Applicant Signature (if applicable) Print Name Date HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code. Sections 13210 and 13211. General Description of Proposed. Development: Remove existing float, gangway andpier. Install new float with (3) 14" pile, new 3'x 24'gangway and a 10' x 14' pier with (2) 14" T -pile. COUNTY APPROVAL REQUIRED. jAddress, number must be stenciled on at least 1 bayward facing pile. jPier conditions must be signed by applicant prior to final approval. 113roperty Address: 14 Harbor Island I Legal Description: lHarbor Permit Number: 140-14 1PIan Check Number: 1486-2005 jApplicant: Graig McCallister Applicant's Mailing Address: 14 Harbor Island, Newport Beach, CA 92660 Phone Number: (949) 631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. And find Page 1 of 2 >�/7hey comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and anv applicable specific or precise plans or, o That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in conceDt and said aooroval has been written Won said olans. sianed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance 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 quidelines adopted thereunder, this development: //< Has been determined to be ministerial or categorically exempt. o Has received a final Exemption Declaration or final Negative Declaration (copy attached). o Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to reiection in princir)al bv Newport Beach unless a substantial chanae 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 conditions to the pier permit. Tom Rossmiller, Manager, Harbor Resources .Signature: 6 "XY .Chris Miller, Harbor Resources Supervisor June 14, 2005 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 WORKSHEET FOR BUILDING I FIRE PERMIT APPLIMT406R RESOURCES DIV. �CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH BUILDING DEPARTMENT ?( tj 131 P,&Q= POINT r%P TVPI= (p. It, 6 1. PROJECT ADDRESS (NOT MAILING ADDRESS) dA� FLOOR SUITE NO. 4 y WNER'S E-MAILADDRESS LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT PHONE NO. 3>1 2. D�SCRIPTION OF WORK Y9 i P"/- - -� - 114, & Z� -- NEW 9��r) ADD Check ADDroDriate Box ALTER [—] DEMO [:] 1# OF STORIES ILI> a 'er VALUATION S::Z SQ FT 3. OWN ERIS NAME lXc LAST C41111c /e -r FIRST 1�41 OWNER'S ADDRESS WNER'S E-MAILADDRESS CITY STATE ZIP, PHONE NO. 3>1 [-1 4. ARCH ITECT/DESIGN ERIS NAME LAST FIRST LIC. NO. ARCH ITECT/DESIGNER'S ADDRESS —r HITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. F1 5. ENGINEER'S NAME LAST FIRST 41�� STATE LIC. NO. e -5 -29-9 ENGINEER'S ADDRESS ENGINEER'S E-MAIL ADDRESS S lm-- ZIP �HONE NO. :5t -"O SV-�13 �,- F] 6. CONTRAC BUS114ESS LIC. 3A STATE LIC. No. 0-5–c?Class ONTRACTOR'S AD7 1�� 7 + CONTRACTOR 'S E-MAIL ADDRESS CIT blAl ZIE�>Ze-> IPHONE A0.q OFFICE USE ONLY TYPE OF CONSTRUCTION OCCUPANCY - GROUP JUN 0 9 PERMIT NO. PLAN CHECK NO. 74L PLAN CHECK FEE$ 37.:�04410 PLAN CHECK ENG. Date: Inspection Requested By: Inspector: Pier Address: INSPECTION FORM Harbor Resources Department Don Duffy Pier Transfer Reinspection GFI Present Yes Need None Needed Yes Need Anti -Siphon Backflow Prese nt Other Comments E lgrass Yqs No Present Pump Out Pier Location. Yes No Operationall Recommended Action. Encroachmenet Address of qomplaining Party Boat Description -CF Number Location on Dock Comments* / Observations Other Request O w 0 June 14, 2005 CITY OF NEWPORT BEACH Mr. William Smith 15 Harbor Island Newport Beach, CA 92660 80 No. La Senda Laguna Beach, CA 92651 Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 RE: Encroaching Pier at 14 Harbor Island Proposal to Reconfigure Pier at 14 Harbor Island Dear Mr. Smith, This letter describes the pier located at 14 Harbor Island and the proposal to reconfigure said pier. Many years ago, lots 15 and 16 on Harbor Island were separate lots that had their own pier permit. More precisely, lot 14 and lot 15 enjoyed a shared pier that was positioned directly on the property line while lot 16's pier was well within the lot lines. Over time, lots 15 and 16 were combined to its present configuration of one residential property. The large dock at the old lot 16 remained and the float in front of 15 was removed. However, the pier that was positioned along the property line of 14 and the old lot 15 remained so that it continued to encroach upon the newly combined lot 15. In 2002, a letter was signed by the property owners at 14 and 15 acknowledging that this encroachment exists. Per the Harbor Permit Policies which state you are only allowed one pier per residential property, you have not had any rights to this encroaching pier. (See aerial photo.) The above facts are not in dispute but merely stated to clarify the position of the encroaching pier. The purpose of this letter is to inform you that your neighbor at 14 Harbor Island intends to completely rebuild his dock system within the guidelines of City Standards. Therefore, he will be bringing his pier into compliance per the Policies by removing the encroachment and positioning his new pier, gangway and float 5' setback from the property lines. (See attached proposal.) 2 This letter is intended to be a courtesy notice to keep you informed. Please feel free to call me with any questions that you may have concerning this matter. Thank you, Chris Miller Harbor Resources Supervisor (949) 644-3043 cmiller(�Dcity.newport-beach.ca.us Attachment: Aerial Photo Current Proposal j� O w 0 .-CITY of - NE L. B*. - �wp P -OR -T BEACH" .. m�. I 4�o - I �l J08 kD I'DATE I. -CIT -Y of:-NE-WPOET BEACH' L. B'. N V'/ p wp T D A v Iq i *ECEIVED -"U+ egion: o -ftast R . JUN 2 0 2005 1 CALIFORNIA COASTAL COMMISSION (ittiNGS:�RW'DO)RESSED";N�FEET'RND DE140TE %u':,L0H HATER, EVATI": BASED ON MEW"I � ` RT' FFTWF-F-v I I vlv 8VITHIN15'OFPROJqcT AN IN TH'E PROJECT AREA BIGNAT URE PERMITW'. DATE HARBOR RESOURCES DIV. CITY..OF NEWPORT BEACH I '6,�hvi'v nit, 4, e, co co calijorlAla ofilce Ew i _�TeAJQB RDORESS. DATEA STATE Oi CALIFORNIA —THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT PO BOX 1450 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 www.coastal.ca.gov Date: September 20, 2005 Permit No. 5-06-231 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on August 25, 2005 and was reported to the Commission on Friday, September 16, 2005 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. Sincerely, PETER M. DOUGLAS Executive Director By: LAURIJA OWENS Coastal Program Analyst Or CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CAUFORNIA COASTAL COMMISSiON South Coast Area Office Permit Application No. 5-05-231 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 Date: August 25, 2005 (562) 590-5071 Page 1 of 6 Fri 3c ADMINISTRATIVE PERMIT APPLICANTS: Craig McCallister PROJECT DESCRIPTION: Remove and replace existing "U" shaped floating dock system with a single finger "L" configuration consisting of a 12' x 43' finger, 4' x 14' backwalk, 3' x 24' gangway, 10' x 14' pier platform and a 4' x 8' approach including replacement of three 14" concrete pilings and two 14" "T" pilings with same and re -decking of existing gangway & pier with Douglas fir and Trex I composite materials. PROJECT LOCATION: 14 Harbor Island, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Friday, September 16, 2005 9:00 a.m Wharfinger Building 1 Marina Way Eureka, CA (707) 268-184 IMPORTANT - Before you may proceed with development, the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. PETER DOUGLAS Executive Director By: Laurinda R. Owens Title: Coastal Program Analiit 5-05-231 -[McCallister] Administrative Permit Page 2 of 6 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the pprmit and acceptance of the terms and conditions, is returned to the Commission office. 2. ExRiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. 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 four to six. 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 EXECUTIVE DIRECTOR'S DETERMINATION: A. Pronect Description The subject site is located at 14 Harbor Island in the City of Newport Beach (Exhibits #1-2). Single- family residences characterize the subject site and the surrounding area. The proposed project (Exhibit #3) involves the removal of an existing "U" shaped dock system and replacement with single finger "L" configuration consisting of a 12'x 43'finger, 4'x 14' backwalk, 3'x 24'gangway, 10' x 14' pier platform and a 4' x 8' approach including replacement of three 14" concrete pilings and two 14" "T" pilings with same and re -decking of existing gangway & pier with Douglas fir and Trex composite materials. 5-05-231 -[McCallister] Administrative Permit Page 3 of 6 The dock project will be used for boating related purposes to serve a single-family residential development. The site has been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 feet of the project area. In addition, Special Condition 3 requires a Caulerpa taxilfolia survey not more than 90 days prior to commencement of construction. The surveys are valid for a limited period of time (until the next growing season for eelgrass and 90 days for Caulerpa taxilfolia). If construction does not occur within the respective time periods, subsequent surveys will be required. Special Conditions 2 and 3 identify the procedures necessary to be completed prior to beginning construction in the case the surveys expire prior to commencement of construction. In addition, Special Conditions 2 and 3 identify post -construction eelgrass and Caulerpa taxifolia procedures. Public access to the bay is available approximately 1 /1 Oth of a mile east of the project site on the other side of the Harbor Drive Bridge along Bayside Drive where there is an existing walkway/bikeway/accessway adjacent to Promontory Bay and the Balboa Island Channel. The ,.proposed project has received an approval in concept from the City of Newport Beach Harbor Resources Division. The. Regional Water Quality Control Board (RWQCB) has determined that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicants have applied for a permit from the U.S. Army Corps of Engineers. B. Marine Resources The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine reJated use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxi/blia. 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. C. Water Quality - The proposed work will be occurring on, within and 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 Executive Director imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post-const�uction impacts to water quality the Executive Director requires the continued use and maintenance of post construction BMPs. As conditioned, the Executive Director finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. Local Coastal Proararn The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on January 9, 1990. 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 City of Newport Beach to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. 5-05-231 -[McCallisterl Administrative Permit Page 4 of 6 E. 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 Executive Director finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and is consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITIONS: 1. Water Quali A. Construction Responsibilities and Debris Removal (1) No construction materials, equipment, debris, or waste will be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion. (2) Any and all construction material will be removed from the site within 10 days of completion of construction. (3) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (4) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (5) 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. (6) Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. 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 underwater 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. 5-05-231 -[McCallisterl Administrative Permit Page 5 of 6 c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: a. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. (3) Petroleum Control Management Measures: a. Oil absorbent materials shall be examined at least once a year and replaced as necessary. The applicant will recycle the materials, if possible, or dispose of them 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. Boaters will use preventive engine maintenance, oil absorbents, bilge pump -out services, or steam cleaning, services as much as possible to clean oily bilge areas. Bilges shall be cleaned and maintained. Detergents will not be used for cleaning. The use of soaps that can be discharged by bilge pumps is prohibited. 2. Eellgrass Survey 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 Game. 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 Game. 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 1.21 ratio on-site, or at another location, in accordance with the Southern 5-05-231 -[McCallisterl Administrative Permit Page 6 of 6 California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.21 (mitigation: impact). The exceptions to the required 1.21 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 Surve A. Not earlier than 90 days nor later than 30 days pdor to commencement or re -commencement of any development authorized under this cc -_ctal 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. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Madne 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 (SICCAT). The SCCAT Surveillance Subcommittee may be contacted through Will . iam Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043). D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all C. taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. ACKNOWLEDGMENT OF PERMIT RECEIPTACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicants' Signature Date of Signing G:\Admin. Permiis\2005\2005-09\5-05-231 (McCallister) NB Dock LO.doc 918 Illp R� I r 2 south Coast R gion JUN 2 0 2 CQWW 5 CALIFORM"k —G)ASTAL COMA lw!� 1� c Q �� ov Af Z6, 4 Be 10— rT,-r, .91 A%v f 4' S p PY ,4; COASTAL COMMISSION T1 EXH I BIT # RPA, PAGE I OF I dyw l(UPOW03 ktPNOW PION SWZ Ask 1.11lb- Allill. r I is ST - - - - - - - - - - cc kz 4k, lw!� 1� c Q �� ov Af Z6, 4 Be 10— rT,-r, .91 A%v f 4' S p PY ,4; COASTAL COMMISSION T1 EXH I BIT # RPA, PAGE I OF I dyw l(UPOW03 ktPNOW PION SWZ Ask 1.11lb- Allill. .... ... .. J 2 l.. 4"', 47. T CD 'j. t ; N r1l -4 j:` -:1-j1 W--. Ji: Z. tA vj. NN -nvl .4-1 9t 4 J _j 4-1 J. . 7Z. Z cm 00 V— .0 COASTAL COMMISSION EXHIBIT # PAGE I OF 5.1 oop v/v abed !6 �q#—YfflxVndzv:9 so/zE/90 !qE3�v Est, rt�z qouejq AJO;BTnbej aoesn :Aq ;uaE .. - I - Z. r, - 7L .-CIT-Y of 'NEWPORT BEACH' L. F. �,� "I 1� . T : �� IV v� 7- 0 ef he", i q SMINGS: RRE: EX-VESSE33 IN; ' FEET AND DENOTE ELEYRTIONS-BRSED ON MERN:LOHER LOH WATER. E�L.611499 INSPECT FON tbtti dM96-MITHIN 15'OF PROJ�CT Ml IN THE PROJECT AREA SIGNATU, /0 e� PERMIT'Jr- DATE HARBOR RESOURCES DIV. C CITY OF NEWPORT BEACH t . kH, 6 FA, 6//Mj�',, �5,, 41gr ep"I eel -ndiss,10IR c0i COASTALCOMMISSION EXHIBIT # PAGE_j_0F .�Alkr�,4JQB RDORESS 114 PLAN.Y I EN I SEP-29�cmkp�.;11 i r F�OMSWIFTSLIPDOCKXOM C949) 631-3122 TO:7230589 P.4 lit REPLY TO MENTION OF: Office, of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.0 BOX I$= I LOS ANGELES, CALIFORNIA 90053-2325 Craig McCallister 14 Harbor Islmd Newport, Beach, California 92660 Dear Mr. McCallister: July 19,2005 Reference is made to your request of June 21, 2005 (File No. 200501571-CLK. Under the prov; arbors Act of March 3, 1899 (33 V.S.C. 403), you are sions of Section 10 of the Rivers and Hc hereby authorized to replace the existing V'shaped boat dock with a single finger 'V' shaped boat dock in the Pacific Ocean in Newport Beach, -Orange County, California, as shown on the enclosed drawings. The owner or authorized responsible official must sign and date all copies of " Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office as to the dates of commencement (wid-dn 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Further,more, you are hereby advised that the Corps of Engineers has established an Administrative Appeal Process which is fully described in 33 CFR Part 331. The complete appeal process is diagrammed. in the enclosed Appendix 13. Thank you for participating in our regulatory program, Sincerely, Mark Dqrhm Chief, South Coast Section Regulatory Branch SEP -29 bH,:swI'FTSLIPD0CK.00M I lii� :1 . I Regional Water Quality Control Board Santa Ana Region C949) 631-3122 TO:7230589 P. 7 3737 Main Street, Suite 500, Riverside, California 92501-3348 Arnold Schwampnegger Alan C. Lloyd. Ph.D. Phone (951) 7824130 - FAX (9S 1) 791-6288 Governor ,tenq&,60100 httpd/www.waterboards.ca.gov/san=m June 21, 2005 T JEW Swi lio Dock and Pier Builders, Inc. 2027, Placentia Avenue CostaMesa, CA 92627 OSED, REBUUDING OF BOAT DOCK4 CRAIG MCCALLISTEX 14 HARBOR --ik��'NFWPORT-IMACH!I-ORANGLr-COUNTY- Door Ms. Swift: if standar and materials are utilized, this project should not adversely been submitted that there will be no waste discharged from the proposed project. Based on these assurances, clearance is provided. However, should the Army Corps of Engineers determine that this project requires a Section 404 permit, it will be necessary for the project proponent to obtain from this Board a Water Quality Certification under Section 401 of the Clean Water Act. Should you have any questions, please contact me at (951) 782-3288. Sincerely, df i. Shami Water Resources Control Engmeer 0c: California Coastal Commission, Long Beach Army Corps of Engineers — Erik Larson County of Orange, County Property Permits Division — Patricia Bigger JIS/bluteg251let Cal(fornia Environmental Protection Agency % WD' 4 Re�kd Pope,- Payer: Address: Phone #: Notation: FR,OM:SWIFTSLIPDOCK.COM C949) 631-3122 TO:7230589 P.6 dounty Of Orange Development Processing Center 300 N. Flower Street Resources & Development Management Department P.O. Box 4048 Receipt #: R0517476 Santa Ana, CA 92702-4048 Misc Item #- M1055298 Posted: 9129/2005 11:53 AM Operator; Pedro Castillo Payer Swift S.Ilp Dock & Pier Builders, Inc Applicant: Craig McCallister J 2027 Placentia Ave.. Address: Costs Mesa, CA 92627 Phone #: Notation: Encroachment permit 2005-01544 ---_Charges_. Description Cost _q�y Subtotal Tax Charge Fee Item Coding CPP HBP Construction ------- ---- ---------- No $100.00 2062 40540557406460 22 Total Charges $100.00 Type Amount Account Notation Check $100.00 ...... No.31732 Total Paid $100.00 Printed: 9/2912005 11:53 AM The fees, deposits, dedications, reservations or other exactions imposed by this development approval. must be protested, if at all, within the 90 day -approval period imposed by Government Code section 66020. PO 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 February 22, 2002 Strada Escrow MYD 140 Newport Center Drive, Suite 100 U Newport Beach, Ca 92660 '?'—, Re: Pier Permit 14000 141 for # 14 Harbor Island, Escrow # 1269 Dear Sirs: The City of Newport Beach Harbor Resources Office has received a request to transfer the above noted pier permit for 14 Harbor Island. The facility was inspected on February 22, 2002. We cannot transfer the pier permit until the following deficiencies has been corrected and we have been notified of the corrections: A new Backflow Prevention Device must be installed at the facility. The purpose of this device is to protect the domestic water system from being contaminated by seawater. A drawing of an approved device and a drawing showing a typical installation is attached. The electrical receptacles on the pier/dock must b e Gfl or Twist Lock for use in a water environment. The pier and dock encroaches along the northeast side property line and a portion is in front of #16 Harbor Island. The City of Newport Beach Harbor Permit Policies, Encroaching Piers and Floats, specify that in areas where existing piers and floats Or -- encroach, a new permit shall be required with any change in existing ownership of the abutting upland property. With this new permit the City has the option to allow the structure to remain where it is or require the structure to be brought into compliance with the harbor regulations. To allow the structure to remain in its present location, the adjoining property owner must sign an agreement allowing the structure to encroach across the side property line. The Newport Beach City Council Harbor Permit Policies require that at the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum standards, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit. 3300 Newport Boulevard, Newport Beach Please advise this department when the above deficiencies have been corrected. Call 644- 3043 if you require additional information in regards to this matter or to request a re- inspection. Sincerel Wes Armand Harbor Inspector FEB -28-2002 16:35 STRADA ESCROW 949 644 3448 P.03 FROM -, RETRIEVER FRX NU. : 1:1 M (01 ;qom : "1.%.Tmqm PF;>6 No. Fab, 28 M 12- 32PM P! Ul!j IV IV& tf!LU L% 1 10" prolmolo F!mb is -De GGIAMP -BLIPLIaLlm ;'cbnm .19- I= blmd4knowledr *deeds& adjAwad %bm POW" Trw blawma %2 Two popftft %Am ft*%2y"mftd vilbm OdAmcm Is &*"at Ig bobg T, ld Q! is plfm =Qs= Ah- ll:Rmrbw. MAW FEB -28-2002 16:35 STRADA ESCROW 949 644 3448 P.04 �41 /Jj ArJU4 I -, I . February ^;.9,2002 The Hatbor Permittees at 14 and 15 Harbor bland acJmawledge that the dockand pier cm the ,co=on property hne between the two pToperties were originally pwmitted without set-ba-cks aud unlem revised or replaced may remain in their prment locatim This doc=ent is being executodwithout Pfejudice, to and %ithout waiving any of the legal rights of the parties with reapect to the dock and pier. Maitha.Macnab WaiUumont, Trustee 14 Harboi- blmd Ted Chriestensen 15 Harbor Island Bve Chh-.;tmsen 15 Harbor Island Pate Date Date INNAMMUMA Armand, Wes From: Ohl, Daniel Sent: Thursday, March 07, 2002 11:56 AM To: Armand, Wes Subject: pier\docks At our meeting this morning I reviewed the information you provided and as set out in your letter of 2\22 concerning the pier\dock issue on Harbor Island. I agree with your position as stated and as agreed to by the property owners. The pier \dock can remain as is as long as the parties agree to such but if there is an application to revise or reconstruct the pier \dock it will necessitate that is be brought into compliance with current standards and regulations. CITY OF NE.WPOM'BEACH PZOPOSC-0 CITY OF 'I NEUMT BEACH X GeOlAl MEBT o 501-1 SIT49. isum BRY .0 4:3, .1c OCtR)V PIER 4 HEST JETTY PROF ME 1 10 YMNITY mnp MfM VW, MINIM JETTY SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELURTIONS BASED ON MEAN LOWER LOW WATER. Feoposc-L) 1?4L--PLACC-A4C-1V7- f li, JUL L1,Vc- P-- GrQ011,19- 17 40f 4� 12 r/Z4 C 7 - "ARBOR 401 ,401 90,Z -TL 40VD PLM V I EN i w = 40' IFF)PLICANT'S WE JEAhi A4cl\1,413 . 2.1 JOB RDDFZESS l-"14 A-lApgog 1-5LA14D I DRTE 6 1271 J� DATE .... ........... SEE MACHU SHEET Cirf OF NEWPORT 13FACH HARBOR PERMIT RE 'RAM -ED AND P"IWISSION IS 13Y r Lrf 0 MAINTAIN THE FAWCf Y SHOWN N THE RCEOVIEMSIEMNEREOF AT THE SITE INDICATED, SUBACT PROVISIONS OF T14E HARBOR PERWr POLICIES WONE ORT BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERIWT IS Nar TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF T14E CITY HARBOR COORDINATOR OR CITY COUNCIL THE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSW ONLy AND THIS PERMIT MAY HE REVOKED 13Y THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OF THE MUNI IPAL CODE. C-00RDI-NATOR I T I � -0 DATE July 11, 1994 City of Newport Beach Building Department 3300 Newport Blvd. Newport Beach, CA 92663 Re: 14 Harbor Island Newport Beach, CA 92663 Gentlemen, I would like to request a maintenance permit to renew a portion of the groin wall which is perpendicular to the bulkhead at the western boundary of my property. This renewal is necessary to ensure that the groin wall will continue to perform its original function. Sincerely, Jean McNab CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 March 8, 2002 Strada Escrow 140 Newport Center Drive # 100 Newport Beach, Ca 92660 Re: Pier Permit 14000141 for #14 Harbor Island, No. 1269 Dear Sirs: The City of Newport Beach Harbor Resources Division has inspected the pier and float for the above-mentioned property and has found that it meets the City standards. The pier permit will be transferred once we receive the Transfer Application Form signed by both the Seller and Buyer and $190.00 balance for the transfer fee. If you require further ass . ance in this matter, please call 644-3043. Sincerely, Wes Armand Harbor Resources amF ft 011DWE 0 "M VA 3300 Newport Boulevard, Newport Beach 0, VW . . P1 HARBOR PERAHT TR"SFERAPPLTCA77ON .Ad Date of Applicaton: Permit Number: Property Address: Buyer's Names: Billing Address: _C5: A,4� ku Telephone Buyer's Signatu Seller's Nan Seller's Signatu Joint Owner Signature: Escrow Company:. �_Wdde, EscrowNumber:. Jabq—,- fM -Fax#: 7P / -5 0/ 0 Inspection Date: Reinspection Date: Fee Amount: Date Paid: Check Number: Application Approved: 1' Harbor Rsuources SignaturelDate Special Conditions: This permit is ravocable by the City Council in accordance with ritle 17 of the Newport Beaoh Municipal Code. 0 03 P-( & - - 7 /,, 0 / '1'42I A le 4�e I;R*1 J,� , �; - /) gll4*' -1 STRADA LXII,;W"I--n:-,40""W--,4�* 1 140 Newport Center Dr. #100 - Newport Beach, CA 92660 - Phone: (949) 721-5000 Fax: (949) 721-5010 Date: 2-113102- 1 1 City of Newport Beach Marine Department 70 Newport Pier Newport Beach, CA 92658 Attention: Wes Armund Escrow # ) 2- (� 9f Please be advised that we have an escrow in process for the property located at iq +qorbor 16ty�cj Enclosed please find our check in the amount of $ leo representing your inspection fee. Mndly complete your inspection at your earliest convenience, and forward your written report to our office. We in turn will provide copies to the Buyer, Seller and Real Estate Agents. At the close of escrow, we will forward the completed pier transfer card to you, along with an additional check for $ I 9b Please do not hesitate to call if you need any additional information. TlIank you. M Sincerely, Julie McMillan Escrow Officer, Manager 'm tv'Aftk ceiVU F�5! / q -Wq_ —, �C/:7 /f 1�4EI lo 7-777 iv t4, ivl, 4�i lop Ar kk Vit.0,41TY SKETCH Cl WrEWPOOT VAY,,CALlfzOQMfA z7.-45- cvLi �A pae e �'i . oe ,ew r ZVI -4-j Avv-�. 114Z .9. cr Z4- -,, 5- 77 5 0 7 Al2 A /I . 1,�CCIA 6- A/,c / , c /�� rV-�� 14)—' �eo t 24- 7 z��' 5 xwv/ /V -fl 14- 1:EB-28-2002 16:34 STRADA ESCROW 949 644 3448 P.01 FAX TRANSMITTAL DATE : Febmaty 28, 2002 Tm- 4: 10 PM TO: : FAX NO &9 &oqaf7d ATTN FROM TOTAL NUMBER OF PAGES4 4 (INCLUDING THIS PAGE) SUBJECT: 7-ralOf6r ECORTANT NOTE: Should any of these papers require an ORIGINAL SIGNATME, Please take a XEROX COPY BEFORE SIGNIN('. We will not accept an Original Signature OnFAX Paper - Thank you for your cooPeration in this matter. THIS MESSAeE IS M'ENDFJ) ONLY FOR THE USE OF THE INDWMUAL OR ENTITY TO W141CH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT'IS PRIVILEGED OR CONFIDENTIAL, IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR I�GENT RESPONSIBLE FOR DELIVERING THE MESSAGETO THE INTENDED RCCIP= YOU ARE HERESY NOTIFIED THAT AN� DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE READ THIS COWAUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RErrUPN THE ORIGINAL MESSAGE TO US AT "HE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE, F -EB -28-2002 16:35 STRADA ESCROW 949 644 3448 P.02 FROM: GEORGINA SMITH DIRE, -T LINE: 949,721.5078 E-MAIL gsmith@,stradaproperties-com ATTENTION: - ' COMPANY: FAX #: DATE: TIME: TOTAL OF PAGES: COMMENTS - 11 NO NAME APPROVED BY: �DIIE OCHO El ENGR COUNCIL PUBLIC WORKS DEPT. ESCROW iNSPECT(ON El SPECIAL CO-NDjTjONS.. ADDRESS OF PROPOSED FACILITY 14 Harbor APPLICATION I� HEREBY MADE �FO A PERMIT 7.ECK NOL-7'/-� I DATE CONSTRUCT/REVISE A AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING BY - Shellmaker I DATED COMPANY DATE (de 430 /9 SIGNATURE CITY OF NEWPO`8-T-B-EAC--H--CA------ LIF WX FORM 68.101, ................ 77, 77 '7 7 -7 No 7 44 It ......... --I C' ZP 1 . I .4 L4 to C* E, T, VICINITY SKETCH WrLWPOCT CA-,- CALIFORNIA A _V, AWO Qt� L 4 J Z 41 A4!. "Y 24- _,q, A/P-A-3.53 n WA, ZAA_719,1,j� tj _f4