HomeMy WebLinkAboutM2009-0063STATE OF CALIFORNIA —NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT
PO Box�!,t"50 j
200 O�;(`o'„4a1oy 'Jth Floor
LONG B� �1C 1, !� A 90802-4416
(562) 59(1,,-,,071' FAX (562) 590-5084
www.cuaastal.ca.gov
Date: November 12, 2009
Jack Cancelleri 5-09-174
1001 N. Bay Front
Newport Beach, CA 92663
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number
which was sent to you on October 15, 2009 and was reported to the
Commission on Thursday, November 5, 2009 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
n i
y: LILIANA ROMAN
Coastal Program Analyst
cc: Local Planning Dept.
Swift Slip Dock & Pier Builders, Inc., Attn: Peter Swift
CCS CALIFORNIA COASTAL COMMISSION
STATE OF CALIFORNIA— NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
South Coast °,rea Office
200 fteangate, Suite 1000
Long t5each, CA 90802-4302 Item T h 6 c
(562)590-5071
Permit Application No. 5-09-174
Date: October 14, 2009
Page 1 of 7
ADMINISTRATIVE PERMIT
APPLICANT: Jack Cancelleri
PROJECT
DESCRIPTION: Remove existing floating boat dock and replace with a new 8'x30' float with two
14" sq. ft. concrete piles, new 3'x24' gangway, new 10'x14' pier platform with
two 14" T -piles, and a 26'x4' pier with one 14" T -pile.
PROJECT
LOCATION: 1001 N. Bayfront, Balboa 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:
Thursday, November 5, 2009
9:00 am
Long Beach Civic Center
City Council Chambers
333 West Ocean Boulevard
Long Beach, CA 90802
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
��iL�GJa J
By: Liliana Roman
Title: Coastal Program Analyst
5-09-174 (Cancelleri)
Administrative Permit
Page 2 of 7
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
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 thru seven.
EXECUTIVE DIRECTOR'S DETERMINATION tcontinuedi:
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. Proiect Description
The project site is located at 1001 N. Bayfront, Balboa Island in the City of Newport Beach (Exhibits #1-
2). Single-family residences characterize the subject site and the surrounding area. The proposed
project involves demolition of an existing floating boat dock and replacement with a new 8.'x30' float
with two 14" sq. ft. concrete piles, new 3'x24' gangway, new 10'x14' pier platform with two 14" T -piles
and a 26'x4' pier with one 14" T -pile (Exhibit #3). The new floating dock system is slightly smaller in
square footage than the existing floating dock, however still exceeds the U.S. Pier head Line by
approximately 10 feet but conforms to the Project Line allowable by the City Harbor Resources Division
in this area of Newport Bay.
The dock project will be used for boating related purposes to serve a single-family residential
development. The site was surveyed for eelgrass and Caulerpa taxilfolia on July 31, 2009 and no
eelgrass or Caulerpa taxilfolia were discovered within 15 feet of the project area. These eelgrass and
Caulerpa taxilfolia 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, a subsequent survey will be required. If any eelgrass or Caulerpa taxilfolia are found on the
5-09-174 (Cancellers)
Administrative Permit
Page 3 of 7
project site, Special Conditions No. 2 and No. 3 identify the procedures necessary to be completed
prior to beginning any construction.
Coastal public access is available to Newport Bay immediately adjacent to the site to the west, at the
Coral Ave street -end.
The proposed project has received an approval in concept from the City of Newport Beach Harbor
Resources Division, Harbor Permit Number 151-1001 and Plan Check Number 1050-2009. The
Regional Water Quality Control Board (RWQCB) has issued a "General Certification for replacement of
Sheet and Dock Piles" determining that the proposed project will not adversely impact water quality if
standard construction methods and materials are used. The applicant has applied for a permit from the
U.S. Army Corps of Engineers. Staff expects the U.S. Army Corps of Engineers' Letter of Permission
(LOP) deeming the project qualifies for the General Concurrence for impacts to essential fish habitats.
Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly
by the Commission in regions where the local government having jurisdiction does not have a certified
Local Coastal Program. The City of Newport Beach only has a certified Land Use Plan and has not
exercised the options provided in 30600(b) or 30600.5 to issue its own permits. Therefore, the Coastal
Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The
certified Land Use Plan may be used for guidance.
B. Marine 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 significantly
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.
C. Water Quality
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 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 -construction impacts to water quality the Commission requires the continued use and
maintenance of post construction BMPs. As conditioned, the Commission finds that the development
conforms to Sections 30230 and 30231 of the Coastal Act.
D. Local Coastal Proaram
The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP
was comprehensively updated on October 13, 2005. 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.
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
5-09-174 (Cancelleri)
Administrative Permit
Page 4 of 7
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 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) 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)AII 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
from the receiving waters and storm drain inlets as possible.
5-09-174 (Cancelleri)
Administrative Permit
Page 5 of 7
(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)AII BMPs shall be maintained in a functional condition throughout the duration of
construction activity.
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:
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. 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 cleaning services that recover and properly dispose or recycle all
contaminated liquids.
c. Bilge cleaners containing detergents or emulsifiers will not be used for bilge
cleaning since they may be discharged to surface waters by the bilge pumps.
5-09-174 (Cancelleri)
Administrative Permit
Page 6 of 7
2. Eelgrass 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 1.2:1 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.
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 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
5-09-174 (Cancelleri)
Administrative Permit
Page 7 of 7
(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 & Game (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 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 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
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2009-12-04 14:11 >> 9496313122 P 2/17
Fx 0'
DEPARTMENT OF THE ARMY
Los Angeles District, Corps of Englneers
P.U. Box 532711
Los Angeles, CA 90053-2325
December 4, 2009
REFLY M
AMNTtQN QF:
Office of the Chief
Regulatory Division
Jack Cancellieri
c/o Peter Swift
Swift Slip Dock & Pier Builders, Inc.
2027 Placentia Avenue
Costa Mesa, California 92627
Dear Mr. Cancellieri:
Reference is made to your request dated September S, 2009 (File No. SPL-2009-00777-PJF)
for a Department of the Army Permit. 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, located seaward of 1001 N. Bayfront Avenue, in the Newport Harbor area of the
Pacific Ocean, within/near the city of Newport Beach, Orange County, California, as shown on
the enclosed drawings.
Specifically, you are authorized to conduct the :Following activities within waters of the
United States:
Replace an existing dock and associated structures with a new dock structure,
including the removal of the existing structures, and the installation the new
structures, each with the following dimensions: a pier (4 ft x 26 ft), pier platform
(10 ft x 14 ft), gangway (aft x 24ft), and float (8 ft x 30 ft). The replacement dock
would measure a total of approximately 380 square feet (representing a reduction
in overall structural footprint from 598 sq. ft.). The replacement dock would extend
approximately 10 feet beyond the U.S. Pier head line; but conforms to the Project
Line allowable by the City Harbor Resources Division in this area of Newport Bay.
2. install four new 14 -inch T piles associated with the replacement dock structures.
2009-12-04 14:12
-2-
>> 9496313122 P 3/17
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. 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 (within 10 days prior to the start of
construction) 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
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 programa if you have any questions, please
contact Priya Finnemore of my staff at (213) 452-3719 or via e-mail at
Priya.J.FinnemoreQusace.army.zxiil.
Please be advised that you can now comment on your experience with Regulatory
Division by accessing the Corps web -based customer survey form, at.
htt�//pert.nwp.usace.army.mil/su,rKe-y:.html.
Enclosure(s)
PEWTTEE
Sincerely,
0j n,,L
Mark Durham
Chief, South Coast Branch
Regulatory Division
DATE
2009-12-04 14:12 >> 9496313122 P 4/17
-3-
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this LOP will continue to be binding on the
new owners) 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.
TRANSFEREE
Enclosure(s)
DATE
2009-12-04 14:12 >> 9496313122 P 5/17
-4-
PERMIT CONDITIONS
General Conditions:
1. The time limit for completing the authorized activity ends on December 2, 2011. 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 irdtiate 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
'laces.
4. If you sell the property associated with this permit, 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.
3. 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. fart 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:
2009-12-04 14:12 >> 9496313122 P 6/17
-5-
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;
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 manner by
the Permittee.
4. No other modifications or work shall occur to the structure permitted herein.
5. A pre -construction survey of the project area for Caulerpa taxi folia (Caulerpa) shall be conducted
in accordance with the Caulerpa Control Protocol (see
http://swr.rtmfs.noaa.gov/hcd/Caulerpa/ccp.pdf) not earlier than 90 calendar days prior to planned
construction and not later than 30 calendar days prior to construction. The results of that survey
shall be furnished to the Corps Regulatory Division, NO,AA Fisheries, and the California
Department of Fish and Game (CDFG) at least 15 calendar days prior to initiation of work in
navigable waters. Zn the event that Caulerpa is detected within the project area, the Permittee shall
not 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 NOAA Fisheries and CDFG.
7. The Permittee shall discharge only clean construction materials suitable for use in the oceanic
environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or
concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter
into or placed where it may be washed by rainfall or runoff into waters of the United States. Upon
completion of the project authorized herein, any and all excess material or debris shall be
completely removed from the work area and disposed of in an appropriate upland site.
8. The Permittee shall notify the Corps Regulatory Division of the date of commencement of
operations not less than 14 calendar days prior to commencing work, and shall notify the Corps of
the date of completion of operations at least five calendar days prior to such completion.
9. To ensure navigational safety, the permittee shall provide appropriate notifications to the U.S.
Coast Guard as described below:
U,S. Coast Guard Contact Informati n:
Commander, 11th Coast Guard District (dpw)
TFL: (510) 437-2980
E-mail: d11LNM@uscg.mil
Website: http://www.uscg.mil/dp/l=request.asp
2004-12-04 14:13 >> 9496313122 P 7/17
-6-
U.S. Coast Guard Contact Information (continued):
U.S. Coast Guard, Sectoir LA -LB (COTP)
TEL, (310) 521-3860
E-mail: johii.p.henrdgam@uscg.mil
a) The Permittee shall notify the U.S. Coast Guard, Commander,11th Coast Guard District (dpw)
and the U.S. Coast Guard, Sector LA. -LB (COTP) (contact information shown above), not less than
14 calendar days prior to commencing work and as project information 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 LNK "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 contractors) skull not remove, relocate, obstruct, willfully daM.age, make
fast to, or interfere with any aids to navigation defined at 33 C,F.R. Chapter 1, subchapter C, part
66. The Permittee 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 well as the U.S. Coast Guard, Aids to
Navigation office (contact information 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
2009-12-04 14:13 >> 9496313122 P 8/17
-7-
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.
11. 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 Centex Monterey Bay, Room 5082, Seaside,
CA 93955-6711.
12. The permittee understands and agrees that, if future operations by the United Stages 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 Regulatory 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.
13. Within 45 calendar days of completion of authorized work in waters of the U.S., the Permittee
shall submit to the Corps a post -project implementation memo indicating the date authorized
impacts to or work within waters of the U.S. ceased.
Further Information:
1, Congressional Authorities: You have been authorized to undertake the activity described
above pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
7. Limits of this authorization.
a, This permit does not obviate the need to obtain other Federal, state, or local authorizations
required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
2009-12-04 14:14 >> 9496313122 P 9/17
-8-
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted
activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures
caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this
permit.
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.
3. 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 GFR 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 permit 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.
2009-12-04 14:14 >> 9496313122 P 10/17
-9-
6. Extensions. General condition 7 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.
2009-12-04 14:14 >> 9446313122 P 11/17
-10-
LOS ANGELES DISTRICT
i.I.S. ARMY CORPS OF ENGINEERS
NOTIFICATION OF COMMENCEMENT OF WORK
FOR
DEPARTMENT OF THE ARMY PERMIT
Permit Number.
SPL -2009 -00777 -PIF
Name of Permittee:
Jack Cancellieri
Date of Issuance:
December 3, 2009
Date work in waters of the U.S. wil1 commence:
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 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 L and the contractor (if applicable), have read and agree to comply with
the terms and conditions of the above referenced permit.
Signature of Permittee
Date
At least ten (1.0) days prior to the commencement 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:
Priya.r.Finnemere@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
ATS'N: CESPL-RG^SPL-2000-00777-PJF
Los Angeles District, Corps of Engineers
P.O. Box 532711
Los Angeles, CA 900532325
2009-12-04 14:14 >> 9496313122 P 12/17
-11-
LDS ANGELES DISTRICT
U.S. ARMY CORDS OF ENGINEERS
NOTIFICATION OF COMPLETION OF WORK AND
CERTIFICATION OF COMPLIANCE WITH
DEPARTMENT OF THE ARMY PERMIT
Permit Number:
SPL-2009-00777-PJF
Name of Permittee:
Jack Cancellieri
Date of Issuance:
December 3, 2009
Date work in waters of the U.S. completed: -
Construction period (in weeks):
Name Sr phone of contractor (if any):
Please note that your permitted activity 9s 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:
Priya.Y.Finnemore@usace.arrny.mil
OR
(2) FAX this certification, after signing, to: (213) 452-4196
LIQ
(3) MAIL to the following address:
U.S. Army Corps of Engineers
Regulatory Division
ATTN: CESPL-RG-SPL-2009-00777
Los Angeles District, Corps of Engineers
P.O. Sox 532711
Los Angeles, CA 90053-2325
2009-12-04 14:15 » 9446313122 P 13/17
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2009-12-04 14:16
9496313122 P 14/17
::!Al
PLICATJQW:Wo,
le,
W'AOR RESOURCES DW,
soW�Cdny5,
' 0-4pecifebi - 0n �
-� .� ;.
— , -
A. �/00r7 40we,�v,�,,.
rorrga ,deovcrjv�e4AeT*V.ty /viYb5hy/,VA
2V x �'�&4
EEL GRASS INSPECTION
0 Ealgrass within i5' of project
c Eelgrass within 15 - 30` of pmW
a
signature
a am
-7k,K
2009-12-04 14:17 >> 9496313122 P 15/17
Applicant. Peter Swift, Swift Slip Dock & Pier Builders, File Number: SPL -2009 -00777 -PIF Date: 12/03/2009
Inc,
Attached is: See Section below
X INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A
PROFFERED PERMIT (Standard Permit or Letter ofpermission) B
PERMIT DENIAL C
APPROVED J'I.1'RISDICTIQNAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
.A_ INITIAL PRWFERED PERMIT: You may acceptor object to the pen -nit.
• ACCEPT= If you received a Standard Permit, you may sign the permit document and return it to the district Engineer for final
authorization- If you received a better 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, 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 II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to
appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your 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.
ACCEPT: If you received a Standard Permit, you may sign the permit document and .return it to the district engineer for final
authorization. If you 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, and approved jurisdictional determinations associated with the permit.
• APPEAL- If you choose to decline the proffered permit (Standard. or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers .Administrative Appeal Process by completing Section II 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! PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II 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,
D: APPROVED JURISDICTIONAL DETERMINATIQN: You may 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 days of the date
of this notice, means 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 JV under the Corps of Engineers Administrative
Appeal Process by completing Section II of dds 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.
E: PRELIMINARY JURISDICTIONAL DLTERANATION: You do not need to respond to the Corps regarding the preliminary JD_
The Preliminary JD is not appealable, If you 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 Corps to reevaluate the
J�.
2049-12-04 14:17 >> 9496313122 p 16117
-13-
" :. A�
REASONS FOR APPEAL OR OBJECTIONS -(Describe your reasons for appealing the decision or your objections to an initial
proffered permit 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.
wii g .
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you
appeal process you may contact: may also contact:
DISTRICT ENGINEER DIVISION ENGINEER
Los Angeles District, Corps of Engineers South Pacific Division, Corps of Engineers
ATTN: Chief, Regulatory Division ATTN: Tom Cavanaugh
P.O. Box 532711 Administrative Appeal Review Officer,
Los Angeles, CA 90053-2325 South Pacific Division, CnSPD-PDS-O, 2042B
Tel. (213) 452-3425 1455 Market Street, San Francisco, California 94103-1399
Tel. (415) 503-6574
Email: thomas.".cavanau h@usace.arm .mit
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 will be provided a 15 day
notice of EX site investigation, and will have the opporturdto participate in all site investigations.
Date:
Telephone number:
Si,ature of appellant or agent.
2009-12-04 14:18
>> 9496313122 P 17/17
-14-
ApplicantOptions with Initial Proff.dred'Piarmit
1ri-Oavqroffero'
permit sent 6
appAcant
APPI!Icanvr'qeP':*rD:SW I ', Does
torm$. md CondMOS of, the
+ rn
The., pr4id',i&Authorjied. YO$ ibitial.proftred
No
fiopk-antsoinds to
dfsinct eng'unioer. '�—eeO.strfct erqineerr
vdil. ei her imclIfy the• Pennit to remover all
of I the 01i !aCtIor'ObIle:ondWoris, ;6r hot :mod4-
applicant ftr mconsiderat.lon -WFd1l an NAP
amd;mn, R—FAform.
-APPI:ICatWC&PS-SignItOdOO,
Poes,the
perhvor 4066ntwpfg
app ribantaccepttl v
lWer of perm'Issibm
Th gs,,au orize d
termr* and cQnd'Nions: of
es<
yes. the pr6ff.er�d
permit?
Nd
A_pp9icantdecl:ines:.fhL- pvftradipermlt,
ThoAeclUned ihdividwl per nia may be;
appealed boy-mbrh6hg la.RFA tQ the
O;ate.'of,th6 RW ( e AOP 0ri Iik A).
Apperldix-B
SWIM Slip
949-631-3121 fax 949-631-3122
2027 Placentia Ave Costa Mesa CA 92627
WWW.swiftslij2dicks.coin
swiftslij2dicks.cons
11-4-09
Adam. Fisher
California Regional Water Quality Control Board
3737 Dain Street
Riverside Ca 92501
Re: Jack Cancelleri Boat Dock and Dile Replacement
This is notification that we intend to replace the boat dock and pile at the address
referenced below. 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: Jack Cancelleri
2) Project Address: 1001 N. Day Front, Newport Beach, CA
3) Applicant 'Telephone 714-736-1800
4) Scope of Work: install new dock, 2-14" square pile, 3 x 24 gangway,
pier and three 14" "i'" pier pile.
5) Federal file number: Pending
6) Latitude/Longitude: -117.892581 / 33.628807
7) Applicable Fees: Enclosed is a check for the $60 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, officp''if you have any questions.
r
Brady Helm
Permit Coordinator
Worksheet for Building Combo Permit Application EWPo
Print 1=orm o�'e
City of Newport Beach - Building Department sy
Please print 3 copies �`5!
0 l� V� S
;Building F- Grading ("!Drainage F Elec [7 Me IA u«f fff 111
1. Project Address (Not mailing address) tv IT ur h _ — loor ulte No
ry
lal,IV Tenant Name(if Applicable) 1--� l - - # Units (if Residential) F
�A� i�L,�� � i} � .
2. Description of Work
Use
. ........
_..... _..... Valuation $
Exist House SF Demo House SF Add/Reconstruct House SF " �. p
�......
.. .......... ........... ...........
Exist Gar SF Demo Garage SF Add/Reconstruct Garage SF #StoriesF7
.:
............ ........ ...... _............... .
TOTAL HOUSE SF Cu Yd Cut
New Add Alter Demo
TOTAL GARAGE SF Cu Yd Fill
uneCK ADDroDnate bOX Tor ADDllcant
OFFICE USE ONLY ENERGY P/C FEE $
GRADING P/C FEE $
n,.., 1 /10/n7 FI Ft^/MFr.H/PI I IM P/r`
PERMIT NO.
PLAN CHECK NO.
D1 API (I IC(`I! CCC N /! 1 ( J ✓
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 dock structure.
Install new 8'X 30' float w/2-14" pile. 3'X 24' std. gangway.10' X 14'pier w/2-14" T - pile.
32'X 4'pier w/1-14" T- pile.
Address number must be stenciled on at least 1 bayward facing pile.
Pier conditions must be signed by applicant prior to tinal approval.
Property Address: 1001 N. Bay Front
Legal Description:
Harbor Permit Number: 151-1001
Plan Check Number: 1050-2009
Applicant: Jack Cancellers
Applicant's Mailing Address: 1001 N. Bay Front, Newport Beach, CA 92663
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.
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:
❑ 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 23, 2009
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
WFOR ' :P U CATJ Ho, jam% - 1001
----------�
,J
N � \
HARBOR RESOURCES PIV.
ViCINTCH
O /P
b0Ur1pOn9$. Drt P(picsted /n Pcn/
&P"�hc de/v.. ;vPcor7 Go wCr L�i� wi:fc•,.,
5 rc/
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o
w
-44�.nq �a
EEL GRASS INSPECTION
❑ Eelgrass within 15' of project
❑ Eelgrass within 15 - 30' of projet
fV el rass iroe t area
Signature
Chi a� F,,: 3o -9,45 a v*,
Inspection Date & Time
el, _
cl�
r
to�
HARBOR RESOURCES PIV.
ViCINTCH
O /P
b0Ur1pOn9$. Drt P(picsted /n Pcn/
&P"�hc de/v.. ;vPcor7 Go wCr L�i� wi:fc•,.,
5 rc/
P� }�t r. frole0�" V�JI
o
w
-44�.nq �a
EEL GRASS INSPECTION
❑ Eelgrass within 15' of project
❑ Eelgrass within 15 - 30' of projet
fV el rass iroe t area
Signature
Chi a� F,,: 3o -9,45 a v*,
Inspection Date & Time
el, _
cl�
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iditions '�Ct ,
ler consider
yad rn2y regi
ons superse
dnQ
, � oriented
t8 E�,tc—ara ri
dtan,c-", vVith i
S for equipr
ormn ShaH
le Purpose C
-Imle"rcia,t purl
3& (,�)f se -fling,
cial purpose
lnateria! pro,
Coj,-Fz!!-sIP.rI4, W
AD
01
HARBOR RESOUR
829 Harbor is
Newpo,12 Beach,
(949) 644-3034 1 Fax
i ay FroM
IES DIVISION
rid Drive
-,A 926PO
,243,) 7230589
P. 1
u, u rr&ndy under con&-kIers-Tion at tile SbOV,6, rafla�ranced al` oress t�)
system Or bulkhfd, We WISAng oondiUons wW no" be in,
is i�wvare, of i'he Hari;or
each Municipai Cada,
(s) is r.,nder the: purview
:he agave mentioned is
other applicabl,- &gQm
t require a permit,
)rth in this do=nnenf
don. Any fuzuip, rnodii
No nWAI condlons suldo
e ail past conditions ass
J89s srs calla -w -ad on tho
�t permitted.
iur'JOIN Code WWOL-
ent and mater isis stor,,
inc any public straet,
string or dihplyng a
u aa.8. Public strccis, ,
storin-g, or di�,piayrig a,
in f0flowing
ded :i per -mit jS
h provisions of ihzw 4Jnift
Dleene,nied in comforrnar,
My I of:
el'T'Ylit POIicie* (COUI-Icd P01k;Y H-1) a I W TiUe
'he ,mrojeci proponent under,5tands that thio
f thesa Policies and Codes.
icture(s) requires pe nijts VVthe City of
as. Painting and wori,, UMsidw�uO to be
rutin tO the PrOpased doisk SyStudiand"eur
.stuns or �itaraticns tc-,, the dock System
moy ovcrride, or change these, conn ffion6.
clated with this property.
ier, pier platform, gangyvay and flow. pavo
ige. "Except as otherviise provided lin this
ii
alley or parkway Or Qtl-letl pubic
y equipment, materials or marchan , ise, or
�,ways may be, u5z;d
' devfa�ks, afleys, or park
�Y equipment, material, marchanss; or for
I -For tha tGmp0rar'Y --k0r;290 Of con-,B�Fucfion
urs;Lant to Chapter 12,62 of this Co e and
Iffn sullding Code."
with, 1.4c Local Coastal Prograrn - 6
Nov 1,' 210L�'S 12: 14 H P 1 RSERJE-11 FAX
9
p.2
7 in accordance vvWijKAurPic'1ps1 Code '10.26.0k0 thEj foliawing noiss reguiations a��piy! "A,,
Weekdays Pnd Saturday . No person shaill, �,-vNie 6ngaged in constr6ction, remodeling,
t digging,
g rad inc
de;f'noliltiorl Painprig, plaslerin� Cir arly 01 or related building acilvity, operate ^ny tooi,
equipment br machine in a manner which produe -s laud noise that diSWCIOS, or could disturb, a
per�n of � r I %orrnsi *ertsi ivity who works or resi as irg thtE; vi(;ICAY, on any Weekday except
between thip how z of en a,m. and six -thirty pA ., nor on any Saturday Gxcept between the
hours of bright 2.rnand fx P.rn, G, S' Und"'iy's. and, HOIidaYs. M6 Person shi�lli, vvWla enaged In
re(nodalingdigging grading, demo) ion, Painting, plastering or lany othe, related
building ac��Mzy, Dparatiqpny tool, equipmeiit or Machil-IG in a mannor which produces ioud
noise that J'
11sturDs'! or co[Ad disturb, a person of r ortnal sensitivity who works br resid�.s in the
Vi ci n i t Y, ori c,� ri Y z5 . u ri (JI I a -y o� any, -federal hol'tdL�V."
3. Your 5,de property' Iries iExtend in Ua& waipr along their sain& boa
rind' . VOSSOis shail
jorg the Leliahbcr'a prcpeu�ty On x"'r sida>
no't Ordcro* Ur
got
beyond the and of Fha fingers by more than flee widths 10 jm,,
be a i1q,
10. The
earn pf a vessel that is Perm i d to side tie to theuvestsmrrost _�,jdd of the
float is i 0'.
I I The a Vassel Lhat is Permit i 0 Ul
U,�ed to sidic- tie e sastamrnost sidelof thy.
.t 2'
is 12',
Lisa
licant S; 14, ne.,tura
Joint Pic-,- A
Z0,1_70 30V,:,;�
Urces
icant&gna�' lr _ "
Pint Name
paq,) 2 01
?dnt Name
Date
Date
S 71 6 T
(7.
1tFCo
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
Special Conditions
July 23, 2009
Property Address: 1001 N. Bay Front
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.
10. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the
float is 10'.
11. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the
float is 12'.
Lisa Walters, Harbor Resources
Date
Applicant Signature Print Name Date
Joint Pier Applicant Signature (if applicable) Print Name Date
Page 2 of 2
Eelgrass Survey Reporting Form
This form is required to be submitted for any surveys conducted for the eelgrass, Zostera
marina, that are required to be conducted under federal or state permits and authorizations
issued by the U.S. Army Corps of Engineers and the Coastal Commission. 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.
Required Information
Site Name:
* 1001 NORTH BAYFRONT
(common reference)
NEWPORT BEACH CA. 92662
urvey Contact:
v
*TOM NELSON TOMNN,EWPORT@YAHOO.COM
ame, phone, e-mail)
949-910-2310
Permit Reference:
(ACOE Permit No.,
CCC Permit No.)
Hydrographic System:
* NEWPORT HARBOR
(bay, estuary, lagoon,
or harbor)
Specific Location:
LONG. -117.892581
(UTM, Lat./Long.,
datum, accuracy level,
LAT. 33.608807
attach electronic survey
area map if possible)
Was Eelgrass
Yes, Eelgrass was found at this site.
Detected:
❑ EELGRASS WITHIN 15' OF PROJECT
❑ EELGRASS WITHIN 15'-30' OF PROJECT
* xxxxx No, Eelgrass was not found at this site.
Description of
* REMOVE EXISTING DOCK STRUCTURE. INSTALL NEW
Permitted Work:
8 X 30 FLOAT WITH 2 - 14 PILE. 3 X 24 GANGWAY.
(describe briefly the
10 X 14 PIER PLATFORM WITH 2-14 T PILE. 32 X 4 PIER
work to be conducted at
WITH 1-14 T PILE.
the site under the
permits identified
above)
Eelgrass Survey Reporting Form (April 2009)
Description of Site:
Depth range:
*SHORELINE TO APROX 1 I FT
(describe the physical
AT TIME OF SURVEY TIDE VARIED
and biological
conditions within the
survey area at the time
BETWEEN +3.3 TO APRON` +3.0
of the survey and
provide insight into
TIDE OUT GOING
variability, if known.
Please provide units for
all numerical
information).
Substrate*
OVER
type:
Temperature:
17
Salinity:
NA
Dominant
NONE
flora:
Dominant
MUSSELS, TUNICATES, BARNACLES,
fauna:
ON DOCK AND BULKHEADS
Exotic
NONE
species
encountered:
Other site
NONE
description
notes:
Description of Survey
Survey date
*JULY 31 2009-----08:30 AM TO 09:45 AM
Effort:
and time
SCUBA SURVEY
(please describe the
period:
SWAM TRANSECTS THROUGHOUT APE
surveys conducted
including type of survey
(SCUBA, remote video,
etc.) and survey
methods employed,
date of work, and
survey density
(estimated percentage
of the bottom actually
viewed). Describe any
limitations encountered
during the survey
efforts.
Eelgrass Survey Reporting Form (April 2009)
Eelgrass Survey Reporting Form (April 2009)
Horizontal
*1 TO 2 FT
visibility in
water:
Survey type
and
* SCUBA SURVEY
SWAM TRANSECTS THROUGHOUT APF_
methods:
Survey
*TOM NELSON 949-910-2310
personnel:
Survey
%
ro
density:
Survey
*NONE
limitations:
Other Information:
SEE PAGE 4 FOR MAP OF AREA
(use this space to
5 FOR AREA SURVEYED
provide any additional
6 SCOPE OF WORK TO BE COMPLETED
information or
references to attached
materials such as
maps, reports, etc.)
Eelgrass Survey Reporting Form (April 2009)
Latitude and Longitude of a Point
Page 1 of 1
iTouchMap.com Maps t State Places GoogleEarth Cities Earthquakes eI re Lat
Mobile and De ktap Mape. I """" a } I I I I �"' m `'
Home » Latitude and Longitude of a Port
by Google v V
To find the latitude and longitude of a point Click on the map, Drag the marker, or enter the...
Address: 11001 north bayfront newport beach ca. Go Goo
g€e Baps API
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your website. Get full
Try out the Google Earth Plug-in. Google Earth gives you a 3D look of the area around the center of the map, licensing and support.
which is usually your last dick point, and includes latitude, longitude and elevation information. google com/entemrise/e arth maps
Latitude and Longitude of a Point
Note: Right dick on a blue marker to remove it.
Clear/Reset All Markers I Center Red Marker
Get the Latitude and Longitude of a Point
When you dick on the map, move the marker or enter an
address the latitude and longitude coordinates of the point
are inserted in the boxes below.
Latitude: 133.60880703484278
Longitude: -117.89258122444153
Degrees Minutes Seconds
Latitude: 33 36 131.7046
Longitude: -117 53 33.2916
Show Point from Latitude and Longitude
Use this if you know the latitude and longitude coordinates of
a point and want to see where on the map the point is.
Use: + for N Lat or E Long - for S Lat or W Long.
Example: +40.689060 -74.044636
Note: Your entry should not have any embedded spaces.
Decimal Deg. Latitude:
Decimal Deg. Longitude:
Show Point
Example: +34 40 50.12 for 34N 40'50.12"
Degrees Minutes Seconds
Latitude: I_ I-- (—
Longitude: F_ F— I—
Show Point
® iTouchMap.00m 2008
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Navigation
Develop Navigation
System (SDK)
WindwsCE based GPS
API
www.teletype.com
Too Online Dearees
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Schools and Degrees.
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Geocoding Web
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Add roof -top geocodes
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webco upon codes.com/Apple G iflC
http://itouchmap.com/latlong.html 7/30/2009
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New
Caulerpa Survey Reporting Form
this form 15 required to 17e subillitted for allay slll'-C s cond"IcteCI :or the invasive exotic alga Caiil e?pa t( xil' i tCd
that are required to be conducted under Lederal or state perinits aiiel authorizations issued by the U.S. Arany Corps
of Engineers or Regional Z["ater Quality Control Boards (Regions 8 AC 9). The forni has been desilaned to assist in
contl'ollins• the costs of reporting 11 -Mile ensurnl__ that the required iilfornlatioil necessai' 7 to identify and control
any. potential Wroacts of the authorized actions on the spread of Caidelpa. Stirveys required to be conducted for
this species are subject to iriodification through publication of re``isioIls to the Cattle?pa stul-ey policy. It is
nlctinibent upoIl the authorized permittee to ensure that sul ,, ey work is following the latest protocols. For ftu-ther
information on these protocols, please contact: Robert Hofflllan. NatioIlal Marine Fisheries Service (NOAA
Fisheries). (56 1980-4043. or lVillianl Pazilokas, California Department of Fish S: Game.. (858) 467-4218).
Report Date:
JULY 31 2009
-Name of bats, estuary-.
Newport Harbor
lagoon. or harbor:
Specific Location Name:
(address or coirilllon
1001 NORTH BAYFRONT
reference)
NFWPQRT REACH
CA
-
Site Coordinates:
117.892581
Lat. Long- dattun.
accuracy level. and all
33.608807
electronic survey area 1nap
or hard copy of the inap
must be included)
Survey Contact:
TOM NELSON
(949)910-2310
(nine. phone. e-ruail)
tomnnew ort ahoo.com
Personnel Conducting
NONE
Survey (if other than
above): (name. phone.
e-iIlail)
Permit Reference:
(aCOE Perinit No..
R1VCB Ordr or Celt. No.)
Is this the first or second
FIRST
sui•Vev for this project?
Was Coulerpa Detected?:
(if Caideipa is fotuld. please
Yes, Caulerpa was found at this Site and
iilunediately contact N0A A
Fisheries or CDFG personnel
identified above)
has been contacted on date.
XXXX
No. Caulerpa was not found at this site.
Description of Permitted
REMOVE EXISTING DOCK STRUCTURE, INSTALL NEW
NVork:
18 X 30 FLOAT WITH 2 - 14 PILE. 3 X 24 GANGWAY.
(describe briefly the ,work to
10 X 14 PIER PLATFORM WITH 2-14 T PILE. 32 X 4 PIER
be conducted at the site
WITH 1-14 T PILE.
under the perillin ldeii ifi.d
above)
Description of Site:
De pri: ra77!�e:
SHORE LINE FT TO APROX 11 FT
Substrate n• e:
SILT OVER SAND
(describe the physical and
biological conditions ,v ittlin the
�e771 e) trt7�7'e:
74' F
sur,-ev area at the rune of the
sur•eyand pro.ideinsighr1111'
ariability, if known. Fiease
Saii7;ii1:
Dowing tfio7r:
NONE
provide hunts for all numerical
infornkation).
Do171ina7:.tfa:7na:
BARNACLES & MUSSELS
ON PIER AND BULKHEADS
Exotic species
NONE
e77co7irte7•ed
ihicfud771a any
other Ca:r1erpa
species):
oti:erstre
NONE
dese7lpr7vR: 1 Pores:
Description of Survey
Surrey da, re a7:d
JULY 31 2009
Effort:
h.we eriod:
(please describe the stirvey-s
conducted including type of
H071-071tal
visibility ir, water:
APROX. 2 FT
survey(SCUBA. remote
video. ete.) and swyey
Su7ve1 ope ani
7PPethods:
SCUBA DIVE SURVEY SWAM TRANSECTS
THROUGHOUT APE
inethods employed. date of
work. and slu'vey density
(estiilkated percentage of the
bottom actually viewed i.
Suul!�ev pe7so777Pe1:
TOM NELSON 949-910-2310
Describe any limitations
encotultered dluin¢ the
sill -Vey efforts.
Survey deiisin,:
80%
Survev limitations:
NONE
Other Information:
SEE PAGE 3 FOR APROX. SURVEY AREA
(rise this space to provide
additional inforluatioIl or
references to attached inaps.
reports, etc.
Caulerpa Survey Reporting Forni (eersiou 1.2, 10i31 iO4)
a
S uvuE�t A E-A
0
�� CITY OF NEWPORT BEACH
�•�� r, �r829 Harbor Island Drive, Newport Beach, CA 92659
6v j n 949-644-3044/Fax 949-723-0589
I
June 24, 2009
First American
Fax: 714.913.6358
Re: Pier Permit #151-1001
1001 N. Bay Front
Dear First American,
The City of Newport Beach re -inspected the above pier and found it to meet City
standards. The pier will be transferred in to the buyer's name.
Thanks for your help, please call with any further questions in this matter. I can
be reached at 949.644.3044.
Sincerely,
Lisa Walters
Lisa Walters
Harbor Resources Division
INSPECTION FORM
Harbor Resources Department
Date:
Inspection Requested By
Inspector:
Pier Address:
;Pi;errransfer
GFI Present
Anti -Siphon / Backflow Present
Other Comments
Eelgrass
Don Duffy
Do) rel �E" FIrU-v+
W4.
751`27%®9
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 1 of 1
http://www6. city.newport-beach. ca.us/servlet/com. esri. esrimap.Esrimap? ServiceName=n... 05/21/2009
1-,21" �a,'`P
r�.LlFOR�
June 2, 2009
1 CITY OF NEWPORT BEACH
Harbor Resources
829 Harbor island Drive, Newport Beach, CA 92659
` 949-644-3044/Fax 949-723-0589
First American Title
Fax # 714.913.6358
Re: Pier Permit # 151-1001
1001 N. Bay Front
Dear First American,
The dock was inspected by the Harbor Resources Division of the City of Newport
Beach at the property mentioned above. We cannot transfer the pier permit until
the following deficiencies have been corrected and the property has been re-
inspected:
1. A GFI (Ground Fault Interrupter) is required on the electrical line to the plug-in
outlet on the dock.
The Newport Beach City Municipal Code 17.60.030 states:
CA. Prior to the transfer of an annual pier permit, all harbor structures
shall be inspected for compliance with the City's minimum plumbing,
electrical and structural requirements, and the conditions of the existing
permit. All structural deficiencies must be corrected prior to the transfer of
the permit. A fee will be charged for this inspection, established by
Resolution of the City Council.
Please call 949-644-3044 to request a reinspection. Once the property has
passed reinspection and the application is signed by all parties, the dock will be
transferred.
k
Sincerely,
.tea Waete o
Lisa Walters
Harbor Resources
HARBOR PERMIT
TRANSFER APPLICATION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3044
**Date of Applicaton: 5- [ • D9 Permit Number:
**Property Address: i Do i n. j3 uy ►'ani
��•rreflr Ca A, y Gk `12tv{v2
"Buyer's Names: a c.4c C v.n �e11 � er i
Billing Address: �64Y- �,A�.¢�i�✓ g �L ��
g cl 0--o f9-,
Telephone No.: ___7 7/_
Buyer's Signatures:
*'Seller's Names:v'? ��,,�Y -r S �,,� tY � / KOA�tci at. ���'C �s�n
Seller's Signatur s:
It
Joint Owner Signature:
"Escrow Company: Phtone# -11A. ISO. 101 i
**Address�Ys-vn�r�GAn�1�,�a.I, Sax�u �2�D1
**Escrow Number: **F x #: -A\k. 635g
Closing Date (Estimate): `� �nP, Sar 2V>Vn
* *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
--------------------------------
Inspection Date Reinspection Date:
Fee Paid. Check No: _'�714-q a -Y.3
Application Complete:
Harbor,?esourc2s SignaturefDaia .
Special Conditions: This permit is revocable by the City Council
in accordance with Title 17 of the Newport Beach Municipal Code.
HARBOR PERMIT
TRANSFER APPLICATION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3044
**Date of Applicaton: 5. i . o9 Permit Number: 151--
**Property Address: I Dc ( h. 13a t-Yoni
1'1twr0,>A Hca c�, Glc `l2 [PU 2 -
"Buyer's
**Buyer's Names: j & c k 01 c.h mel\ i'Ur
Billing Address:
Telephone No.:
Buyer's Signatures:
**Seller's Narr,
Seller's Signatu
Joint Owner Signature:
LSnn
**Escrow Company: f iysk xj rix" Phone# "114. P50.1 2-k
**Address 2 'tYs�C - w, �r i can �° a.(, So► ,� GPS � 21 b j
**Escrow Number: **F x #: -j%kl C ti t, 35g
Closing Date (Estimate): j �nq, 3 i 21an
* *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
Inspection Date: Reinspection Date:
Fee Paid: Check No:
Application Complete:
Harbor Resources Signature/Date
Special Conditions: This permit is revocable by the City Council
in accordance with Title 17 of the Newport Beach Municipal Code.
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MESSAGE
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CITY OF NEWPORT BEACH
Marine Department
February 10, 1992
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATION 151-1001 BY BOB SEAT
TO REVISE THE RESIDENTIAL FLOAT AND PIER BAYWARD
OF 1001 NORTH BAY FRONT
Recommendation: If desired, approve the application subject to the
following:
1. Approval of the plans and specifications by the City's
Public Works Department
2. Approval by the U.S. Army Corps of Engineers
3. Approval by the California Coastal Commission.
Discussion: This application is before the City Council as
required by Section 23.V of the Harbor Permit Policies, which
states:
23.V. "Balboa Island. All new piers shall be subject to
special permits approved by the City Council. Revisions to
existing piers will be permitted providing they do not lessen the
use of either the immediate water or land areas".
The attached drawing indicates that the applicant proposes revising
the existing structure by taking the existing rectangular float and
turning it into a single finger float and also by making a minor
change in the large portion of the pier platform. The applicant's
contractor has indicated that the revision will, in fact, reduce
the square footage in use over State Tidelands. Therefore, the
revision to the existing pier will not lessen the use of the
immediate water or land areas. Approval is therefore recommended
by the Marine Department.
Tony Melum
Tidelands Administrator
Cl T Y oF' Nwwpogr BEACH
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PUNT
CITY OF NEWPORT BEACH
V = P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
February 11, 1992
Swift Slip
500 30th Street
Newport Beach, CA 92663
Re: Application by Bob Seat, 1001 North Bay Front
Dear Pete:
We have reviewed, in the field, the request by Bob Seat to revise
his rectangular float to a triangular float, bayward of 1001 North
Bay Front.l As I discussed with you on the phone, the triangular
float does not conform to the Standard Drawings of the Harbor
Permit Policies currently approved by the City Council. The
application would, therefore, require special approval by the City
Council. In addition to that, you should be aware that any dock
revision on Balboa Island requires approval of the Council.
The staff position in the past, on the triangular float, has been
that where there is sufficient water area there is probably no
problem with such a float. However, where the water area is very
narrow, and in this case we are talking about a 30 foot lot with
shore moorings on either side of the permit zone, there is a
potential for problems with the shore moorings and with
encroachments across the side property lines. Staff position
therefore, would be a recommendation for denial of the application
for the triangular float.
The applicant could have built, as was proposed earlier, a single
finger float. This would have accomplished berthing of his vessel
there and not would not present the encroachment problems.
If you have questions please call me at 644-3044.
Sincerely,
Tony Mel�im
Tidelands Administrator
3300 Newport Boulevard, Newport Beach
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COUNCIL MEMBERS
ROLL CRLL
Motion
All Ayes
Motion
All Ayes
x
x
1, . rY OF NEWPORT BEACH
February 24, 1992
17. SPECIAL. EVENTS APPLICATION - Uphold
staff's recommendation to approve the
Special Events Application No. 91-435
(Sea Sing Running Club) for temporary
street closure, 5K Run, Jamboree Road,
MacArthur Boulevard and Birch Street,
May 31, 1992, from 8:00 - 10:00 a.m. ,
subject to conditions listed in the
staff report. [Report from Revenue
Manager/Finance Department]
18. HARBOR PERMIT APPLICATION NO. 151-1001 -
Uphold staff's recommendation to approve
the application by Bob Seat to revise
the residential float and pier bayward
of 1001 North Bay Front; subject to
conditions listed in the staff report.
[Recycled report dated February 10, 1992
from the Marine Department]
19. BUDGET AMENDMENTS - For approval:
None.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the Marine Department
recommending approval of HARBOR PERMIT
APPLICATION N0. 124-611 by Vista del
Lido Corporation to revise the bulkhead
bayward of 611 Lido Park Drive, subject
to the conditions in the staff report.
The City Clerk advised that after the
agenda was printed, a letter was
received from Margaret Young, agent for
Vista Del Lido Corporation, requesting
the subject application be withdrawn
until further notice.
In view of the foregoing, motion was
made to receive and file the above
application.
2. Report from the Marine Department
recommending approval of COMMERCIAL
HARBOR ACTIVITIES PERMIT to transfer a
commercial activities permit currently
held by Fun Zone Boat Company at 700
Edgewater to Catalina Passenger Service,
Inc., subject to the conditions in the
staff report.
The City Clerk advised that after the
agenda was printed, a letter was
received from Doug Boyd, President,
Balboa Peninsula Point Association
regarding the subject application.
Upon recommendation of the City
Attorney, motion was made to defer
action on this item to March 9, 1992.
3. Status report from the Public Works
Department on OCEAN FRONT ENCROACHMENT
PROGRAM and recommended modifications to
CITY COUNCIL POLICY L-14, OCEANFRONT
ENCROACHMENT POLICY.
Volume 46 - Page 57
MINUTES
INDEX
>pecial
;vents Apl
1-435
,27)
3arbor Per
Apl 151-
1001
Harbor Per
Apl 124-611
(51)
Cmcl Harbr
Per/Fun Zn
(51)
'ouncil
Plcy L-14
(69)
COUNCIL MEMBERS
\1\1\�V\l
ROLL
Motion
All Ayes
CITY OF NEWPORT BEACE
MINUTES
February 24, 1992
Motion was made to defer action on this
item to March 9, 1992, in order for the
City Attorney to review the report with
the Coastal Commission staff, as well as
investigate the possibility of an
encroachment near 30th Street and West
Ocean Front.
4. GENERAL PLAN AMENDMENT NO. 92-1 - Report
from the Planning Department
recommending the City Council sustain
the recommendations of the Planning
Commission to initiate Amendments A, B,
and C, and direct staff to proceed with
the preparation of any necessary
environmental documents and set for
public hearing before the Planning
Commission for the following:
A. 498 Park Avenue and 203 Abate
Avenue: A request of Evelyn Smith
Cornell, Trustee for the H. Pease
Family Trust to amend the Land Use
Element of the Newport Beach
General Plan and the Local Coastal
Program Land Use Plan to change
the land use designation from
Retail and Service Commercial to
Two Family Residential.
B. Fac Tel Site: A request of Resco
Development to amend the Land Use
and Housing Elements of the
Newport Beach General Plan to
redesignate the site at the corner
of Bison Avenue and Camelback
Street from Retail and Service
Commercial to Multi -Family
Residential and to allow a density
of 30 dwelling units per acre with
the standard 20% affordable
housing component.
C. Old Newport Boulevard: A request
of Owen Minney to amend the Land
Use Element of the Newport Beach
General Plan to allow
Residential/Commercial mixed use
in the island portion of the Old
Newport Boulevard Specific Plan
Area.
In reference to Item C above, the City
Clerk advised that after the agenda was
printed, a letter was received from Owen
Minney, applicant, transmitting a
sampling of the responses to a recent
poll in support of his request for
mixed-use zoning in the "island" area of
Old Newport Boulevard. In addition, a
letter was received from Albert and Lois
Irwin opposing the proposed amendment.
Volume 46 - Page 58
INDEX
SPA 92-1
;45)
c ff OF NEWPORT BEACH
COUNCIL MEMBERS
February 10, 1992
ROLL CRLL
Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
x
x
x
INUTES
INDEX
(a) Application No. 91-476 -
Apli No.
Harbor View Elementary
91-476
School request for street
closure for 9th Annual
Spirit Run 5K & 10K Run and
Walk, Newport Center Drive,
on February 23, 1992, 6:00
- 10:30 a.m.
(b) Application No. 92-010 -
No.
Loral Aeronutronic/S. T.
JApli
92-010
Johnson request for
temporary street closure
for 1, 5, and 10K Runs,
Annual Spring Tuneup, Loral
site, Ford -Jamboree -Bison -
MacArthur, May 2, 1992,
6:00 - 10:30 a.m.
14. BUDGET AMENDMENTS - For approval:
(40)
BA -039, $62,721 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations for technical
assistance to complete Draft
Environmental Impact Report for
CIRCULATION IMPROVEMENT AND OPEN SPACE
Agreement; General Fund.
BA -040, $5,000 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations to provide for
additional funds for the Newport Harbor
High Aquatic Center; Parks, Beaches and
Recreation Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the Marine Department IHarbor
recommending approval of HARBOR PERMIT Perm Apli
APPLICATION 151-1001 (subject to No. 151 -
conditions listed in the staff report) 1001
by Bob Seat to revise the residential (51)
float bayward of 1001 North Bay Front.
The City Clerk advised that after the
agenda was printed, a letter was
received from Peter Swift, representing
the applicant, requesting this item be
continued to February 24, 1992.
Motion was made to defer action on the
above item as requested.
2. Report from the Public Works Department
recommending approval of ENGINEERING
AGREEMENT FOR PACIFIC COAST
HIGEVAY/NEWPORT BOULEVARD INTERCHANGE
IMPROVEMENT STUDY with IWA Engineers.
Motion was made to refer the subject
item back to staff for further study.
3. Upon recommendation of the City
Attorney, motion was made to reject that
portion of the William W. Green claim
that is based on events that occurred
more than 180 days prior to the date of
filing (January 27, 1992); and deny that
Volume 46 - Page 51
PW/Engr
Agm/PCH
Npt Bl
Intrchg
(74)
Claims/
Green
(36)
COUNCIL MEMBERS
,r
ROLL CALL
CITY OF NEWPORT BEACI._
February 10, 1992
portion of the subject claim based upon
events occurring within 180 days from
the date of filing (January 27, 1992) -
regarding Late claim of William W. Green
alleging constant harassment by City
Police Department and Code Enforcement
Officials from November 1990 and
continuing.
4. Report from General Services Director
concerning HOUSEHOLD HAZARDOUS WASTE
EI.EI�NT (HHWE) .
Mayor Sansone stated he removed this
item from the Consent Calendar to point
out that the subject proposal is a
result of the California Integrated
Waste Management Act of 1989 and will
financially burden the City in the
future.
Mot ionI I I I x l I I I Motion was made to accept the Household
All Ayes Hazardous Waste Element as recommended.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. None.
J. CURRENT BUSINESS:
None.
Meeting adjourned at 8:10 p.m.
The agenda for this meeting was posted
on February 4, 1992 at 9:00 a.m., on the
City Hall Bulletin Board located outside
of the City of Newport Beach
Administration Building.
Volume 46 - Page 52
MINUTES
JS/Haz Wst
(44)
IVs?o v+ I3eac,�
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Ce) /, 7� A" Uai tC-P- 69A.) f nC ,�`Yt4Zflr "
�`�i�, -r/iaq k You -�6(- IV oar o ola e- rcL+U t
r
cq<� Fo RN`P
TO: U. S. Department of the Interior
Bureau of Sport Fisheries & Wildlife
2855 E. Coast Highway
Z Corona del Mar, CA 92625
Gentlemen:
The enclosed permit drawing application(s) is being sent
for your information in accordance with conditions of
City Hall
3300 W. Newport Blvd.
Area Code 714
673-2110
approval under the U. S. Army Corps of Engineers "blanket"
permit for maintenance dredging issued to the City of
Newport Beach on February 12, 1974.
The City Council of Newport Beach will hear the application
at its April 28, 1975 meeting.
If you have any questions regarding this application, please
contact the City of Newport Beach, Marine Safety Department
at (714) 673-2110.
R. E. REED, DIRECTOR
MARINE SAFETY DEPARTMENT
Glen E. Welden
Marine Affairs Aide
GEW:1f
I
COUNCILMEN Ch Y OF NEWPORT E A C H MINUTES
o�
0
ROLL CALL
00.
ID 7,r\Z
Motion
Ayes
Absent
Motion
Ayes
Absent
Motion
Ayes
Absent
Motion
Ayes
Absent
Motion
Ayes
Absent
X
X
X
X
x
Ix
Ix
April 28, 1975 INDEX
11. The staff was authorized to proceed with the demolition Begonia
of the upper (undermined) portion of the Begonia Park Park
stairway. (A report from the Public Works Director Stairway
was presented.)
12. The following maintenance dredging harbor permits were,`
approved, subject to the conditions of approval under;
the Blanket Maintenance Dredging Permit issued by the,,,
U. S. Army Corps of Engineers: #151-1001, Lester King;
1001 North Bay Front; and #151-911, Kathryn Smith,
911 North Bay Front. (A report from the Marine
Department was presented.)
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A letter from James R. McCauley, Special Consultant,
Senate Rules Committee, asking if the City Council
had taken a position or had any pertinent comments to
make on Governor Brown's nominations of David Com-
mons and Frank Casado to the South Coast Regional
Commission, was referred to staff for a background
report at the May 12 Study Session.
ADDITIONAL BUSINESS:
1. A Tennis Center Site Analysis Study was presented.
The staff was authorized to discuss Site X61, Pacific
Coast Highway west of the Arches (known as the Cagney
property), with the State to determine what costs
would be involved for City acquisition and also to
determine whether or not the site would be available
for a long-term lease; and the staff was also author-
ized to consult with various land appraisers to deter-
mine the cost of an appraisal if one is necessary.
2. The Mayor was directed to send a letter to Senator
Carpenter expressing the City's opposition to Senate
Bill 189, which would decrease court fines and affect
the revenues to cities.
3. The Council gave unanimous support and commendation
to The Bridge Action Team '76 and gave complete ap-
proval to their recommendations to date.
4. A report from the Public Works Department regarding
the proposed plan showing the basic geometrics for
replacement of the Pacific Coast Highway Bridge was
presented with a draft letter to the State Department
of Transportation commenting on the draft Environ-
mental Impact Statement and supporting an early
replacement of the existing Coast Highway Bridge.
The draft letter was approved, as amended; and the
Mayor was directed to send the amended letter to
the Department of Transportation for presentation to
CALTRANS as part of the Design Public Hearing.
Volume 29 - Page 89
Harbor.-
Permits
So Coast
Regional
Cmsn
Tennis
Center
Citation
Fines
BAT '76
'Coast
Bridge
MARINE DEPARTMENT
April 28, 1975 ITEM NO.: H-13
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATIONS FOR MAINTENANCE DREDGING
PERMIT NUMBERS 151-1001, 151-911
RECOMMENDATION
If desired, approve the Maintenance Dredging Harbor Permit applications.
DISCUSSION
These applications require City Council approval under the conditions
of approval of the City of Newport Beach "blanket" permit for main-
tenance dredging issued on February 12, 1974, by the U. S. Army Corps
of Engineers.
The locations and applicants for the proposed maintenance dredging are:
151-1001 Lester King, 1001 N. Bayfront
151-911 - Katherine Smith, 911 N. Bayfront
The staff has reviewed the proposed dredging and has determined that
the work to be done is within the parameters of the Corps of Engineers
permit. There is no anticipated adverse affect on proximity beaches
or contiguous bulkheads.
Shellmaker, Inc., the dredging contractor, will minimize turbidity
as much as is possible and will barge the dredged material to the
Environmental Protection Agency's designated disposal site, four
miles at sea.
R. E. REED, DIRECTOR
D. Harshbarger, Assistant Director
Tidelands operations Division
Marine Department
DH : l f
PERMIT NO.
DREDGING APPLICATION
Project Location: 1001 North Bay Front, Balboa Island
Cubic Yards to be Dredged: 100
Method of Dredging: Hydraulic Suction
Nature of Dredged Material: Sand/Silt
Disposition of Dredged Material: Haul to sea and dump at Latitude 33°31'42N,
Longitude 117°54'48" W
Method of Material Disposition: Barge to sea
Turbidity Control Method: Material to be contained in Dump Barge
at dredge site.
Effect of dredging on contiguous bulkheading and beaches None
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.
Lester F. Kin
Applicant -type name
April 11, 1975
(Date)
Shellmaker, Inc.
(Contractor -type name)
Signed: e
Contractor's
Representative
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CITY OF NEWPORT EACH
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