Loading...
HomeMy WebLinkAboutM2006-0010HARBOR RE80URCES CITY Qr= AIMPMT Rr:A W -CITY of'NEWPORT BEACH N B A Y CIP, C PIE P, 0 v MINITY MRP S U uset Bch 01VOM REC,MVk:LP Sot�jt!,- !-ocist Region OCT 3 1 2005 a PRO -F I LE .1 MMINGS RI;E DWESSED IN FEU RNB DENETE EL-LWIONS BASED ON �E� LOU LOH HATER. Or 8 California Coastal Commission South Coast Di�triA Office R v 0 4 r Per ------------ EFFE IVE EEL GRASS INSPECTION Date: --- Z�� 11 a �; -------- NO EEL GRASS WITHIN 15'OF PROJECT 0 EEL GRASS IN THE P90JECT AREA /See p fl ac -Ad —,kUfv,e;4 SIGNATURE - — ------------ 2 2� 8, 8/ 11 /!;- 165- K PEF'iMIT# DATE Ir HAR OR RESOURCES DIV. CITY F NEWPORT BEACH 4i) v A,,,k K/4 P LM N vu I D; JQ8 RM SS DATE STATE OF CALIFORNIA THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT PO Box 1450 200 Oceangate, 10th Floor LONG BEACH. CA 90802-4416 www.coastal.ca.gov James W. Ray, Tr Date: March 13, 2006 15 Bay Island Permit No. 5-05-441 Newport Beach, CA 92661 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on February 17, 2006 and was reported to the Commission on Tuesday, March 7, 2006 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. DIDLIGLAS �Vjlv By:IFER�IE JJ SY Coastal RmWam Analyst cc: Local Planning Dept. Swift Slip Dock/Pier Builders, Attn: Peter Swift 4W CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA -THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Offi - ce Permit Application No.5-05-441 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 TU 3c Date: February 16, 2006 (562) 590-5071 Page 1 of 6 ADMINISTRATIVE PERMIT APPLICANT: James W. Ray Trust AGENT: Swift -Slip Dock & Pier Builders, Inc. PROJECT DESCRIPTION: Remove an existing "U" shaped dock system and install a new dock system consisting of: an 8' x 48'finger, a 10' x 14' pier platform, a 3' x 24' gangway, 1 - 14" concrete piling, 1-16" concrete guide pile, and 2-12" concrete pilings. The dock will be constructed of Douglas fir and trex materials. PROJECT LOCATION: 15 Bay 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: Tuesday, March 7, 2006 10:00 am Hyatt Regency Monterey I Golf Course Road Monterey, CA 93940 IMPORTANT - Before you may proceed with development, the followinci 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: Fernie Sy Title: Coastal Program Analyst 11 5-05-441 -[Ray] 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 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 pernnittee 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. Prowect Location and Description The subject site is located at 15 Bay Island in the City of Newport Beach (Exhibits #11-2). Single-family residences characterize the subject site and the surrounding area. The proposed project involves the following: removal of an existing "U" shaped dock system and installation of a new dock system consisting of an 8'x 48'finger, a 10'x 14' pier platform, a 3' x 24' gangway, 1-14" concrete piling, 1-16" concrete guide pile, and 2-12" concrete pilings (Exhibit #3). The dock will be constructed of Douglas fir and trex materials Bay Island is a privately owned island accessed from the Balboa Peninsula. The nearest public access is available along the public walkway that surrounds Balboa Island, approximately a half mile to the east. Public access also exists along the ocean fronting sandy beach, approximately a half mile south of the subject site (Exhibit #1). 5-05-441 -[Ray] Administrative Permit Page 3 of 6 The do ck 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. The site has not been surveyed for Caulerpa taxiffiblia, therefore a pre, -construction Caulerpa taxiffiblia, survey must be conducted. These eelgrass and Caulerpa taxiffiblia surveys are valid for a limited period of time. Eelgrass surveys completed during the active growth phase of eelgrass are valid for 60 -days with the exception of surveys completed in August -October. A survey completed in August - October shall be valid until the resumption of active growth (i.e., March 1). Caulerpa taxil/blia surveys are valid for 90 days. If construction does not occur within the respective time periods, a subsequent survey will be required. If any eelgrass or Caulerpa taxiffiblia are found on the project site, Special Conditions No. 2 and No. 3 identify the procedures necessary to be completed prior to beginning any construction. The proposed project has received an approval in concept from the City of Newport Beach Harbor Resources Division. The Regional Water Quality Control Board (RWOCB) 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. 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 Progra The LUP.,forthe-,City of Newport Beach, was, effectively, certified on May.19, 1982. At the October 2005 Coastal Commission Hearing, the certified LUP was updated. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for 5-05-441 -[Ray] Administrative Permit Page 4 of 6 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 provilsions,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 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 construction materials- enuipment. debris- or waste will be Dlaced 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 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. 5-05-441 -[Ray] Administrative Permit Page 5 of 6 G_ The applicant shall minirniz6the usO�of:det6tgentg 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 pumpsis prohibited. - I I . I 2. Pre -and Post -Construction Eelcirass Survey(s) A. Pre C onstruction 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 modi ' fied 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 (115) 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. Th e. survey shall be prep I ared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by,.thi,s.sppQial,cqnditiQ�).adoptgo,py-the National Marine Fisheries Service and shall be prepared in consultation With the, California Department of Fish and Game. The applicantshall submit the posit-constwction 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 5-05-441 -[Ray] Administrative Permit Page 6 of 6 minimum 1.21 ratio on-site, or at another location, in accordance with the Southern California Eelgrass I Mitigation Policy. All impacts to-eelgrass- habitat shall be mitigated at a minimum ratio of 1-21 (mitigation:ir-hpact). 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 Cauterpa Taxifolia Surve 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. C. D. 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. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to, the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043). 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: Me acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature H:\FSY\Staff Reports\Mar06\5-05-441-[Ray]AP(NB) Date of Signing Aw lay 4w 'W W W 1p w a ID COASTAL COMMISSION BA Y ISL A ND 66 EXHIBIT# PAGE IF 70 us ss �2 US N Ls $A Y zz"rv., us i1w *Zp ISL A ND us S� us siy us M 1� _3237 .25 17 4 41 #4 Ar Q: C4 $4 eq 0 Ml ry 4 VD Cq WR -S'2' _V 70 04 r� 0) 4N '&A ? t'80A cv IV (n 10 'T P*QNr 19Z 111D ej ,yx IR ry c -A 16-W g2 a .-CITY of'NEWPORT BEACH L. B. W N WP r B A Yc;� c/p/ P I E c/p/c oc tv I z RECEIVED i- '-- Sou th Coast Reyon -Z 0 C T 3 1 2005 CALIFPRNIA -COASTAL COMMISSION 101.31f< /!;-0& PERMIT# DATE !Lg' L �' I evj HARBOR RESOURCES DIV. Je CITY F NEWPORT BEACH +1) d /.Z - /d po -'2. ri9w,4y b-610' IX q '(0A CO� WAL COMMISSION ki EX� I BIT* PAG E OF-LL— 7))qwo JQ8 RDIRSS -ra, 4eqr-1 4n,— PLAN-Vtowl i, =Lw DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 December 14,2005 REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch James Ray c / o Swift Shp Dock & Pier Builders Attention: Beth Swift, Permit Coordinator 2027 Placentia Avenue Costa Mesa, California 92627-3405 Dear Mr. Ray: Reference is made to your request of November 7,2005 (File No. 200600177-SJH). 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 modify an existing U-shaped floating dock structure bayward of 15 Bay Island in Newport Bay 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 tl-ds 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 program. Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch 1AAA1 AAaln I (D PETI DATE 'r. T7" IZSAPla HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions October 25, 2005 Property Address: 15 Bay Island, Newport Beach, CA 92661 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 pier is under the purview 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 require a permit, 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 and are exactly perpendicular to one another. Vessels must not encroach upon the neighbor's property on either side. 6. Vessels may not extend beyond the end of the finger by more than the width of their beam, 7. The maximum beam of a vessel that is permitted to side tie to the northernmost side of the finger is 8'. 8. The maximum beam of a vessel that is permitted to side tie to the southernmost side of the finger is 22'. 1 Signature:_ (Oh -C&- U C�X Chri�, Miller, -Rah"esou�ces S6pervisor Date V) Rao rfatUre Applic nt Sig ( V/ Pr[int Name Date U& d ra& oy),!�f /V V sha)o� Joint Pi(�r Applicant Signature / - Print Name Date SWIFT SLIP Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 (949) 631-3121 Fax (949) 631-3122 email: bhswiftsllp@sbcglobal.net www.swiftslipdock.com November 3, 2005 Adam Fischer California Regional Water Quality Control Board 3737 Main Street Riverside, CA 92501 Re: James Ray Boat Dock 15 Bay Island, Newport Beach (Orange County) Scope of Work: Replace existing "U" shaped boat dock with single finger that is 8, x 48', Yx 24'gangway, 10'x 14'pier, one 14" pile, one 16" pile and two 12" pier pilings. Dear Mr. Fischer: We are requesting clearance to perform the work as noted above and on the enclosed drawing. It is our intention to comply with all Regional Water Quality Control Board requirements. As a condition of this letter we will not discharge vessel waste of any kind or adversely impact water quality at this location. Please contact our office if you should have any questions. Very truly yours, SWIFT SLIP DOCK & PIER BUILDERS Beth Swift Permit Division /brs Enclosures cc: U.S. Army Corps of Engineers California Coastal Commission HE �ffii .-C]T-Y of NEWPORT BEACH BAY PIE P�� C 1�7.4 N YMNITY MRP Sunset Bch - OLD -am or- tl�xeve "y 6u I' ft EEL GRASS INSPSOMON 1 GRASS WITHIN 15- OF PROJE-1 T RASS IN THE PROJECT AREA SIGNATURE P E AMI I T —* TT� DA]RE HAR6.OR RESOURCES DIV. - 1..F NEWPORT BEACH ki"ITY 6' 'Mort* - Me -ICFVTIS 0E -)AM � ul 70 PROF I LE .1 v =: 1W MWINFAMIM-1 M 2 0 RUN 16 N M. k: 8, m Z 14 �-w to e/!�, -Z�L� o" e tq p.er 3, to tx lqlf"i, fero�,60?-Z- TJ-08 DRESS All /�llvl A nPTF- 12 _Q PROF I LE .1 v =: 1W MWINFAMIM-1 M 2 0 RUN 16 N M. k: 8, m Z 14 �-w to e/!�, -Z�L� o" e tq p.er 3, to tx lqlf"i, fero�,60?-Z- TJ-08 DRESS All /�llvl A nPTF- 12 cd" 0 0 N N O 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 48'float with (1) 16" pile and (1) 14" pile, new gangway and pier with (2) 12" pier pile. Bay Island Corporation approval required. jAddress number must be stenciled on at least 1 bayward facing pile. Per conditions must be signed by applicant prior to final approval. Wroperty Address: 15 Bay Island, Newport Beach, CA 92661 Legal Description: lHarbor Permit Number: 165-15 Man Check Number: 2126-2005 1 jApplicant: James Ray I Applicarift Mailing Address: 15 Bay Island, Newport Beach, CA 92661 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 They 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 conceot and said aooroval has been written uoon 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 principal bv Newport Beach unless a substantial chancie 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: NA' 1&/ 7, ( /C'�( Chris Miller, Harbor Resources Supervisor October 25, 2005 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 "WORKSHEET FOR BUILDING / FIRE PERMIT APPLWA-ffl-- W'-- RESOURGE'S Dlhk F NEWPORT CITY OF NEWPORT BEACH 7,;J� P, PARP PPiKIT 1-vP TVDr- BUILDING DEPARTMENT 1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. &FARST -- i LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT OWNER'S ADDRESS 2. DESCRIPTION OF WORK cla"vi NEW � ��fO ADD E] Check AonmDriate Box r74p,,<v7"`-- I U S -E- 41" -r- . # OF STORIES VALUATION $ Ilt � �4' ALTER E] DEMO E] JSQ FT I(NEW/ADDED/EXTG) 3. OWNER'S NAME LAST &FARST -- i OWNER'S ADDRESS --7R'S E-MAIL ADDRESS C FFY STAT ZIP PHONE,,,,NO. F-1 4. ARCH ITECT/DES IGNER'S NAME LAST FIRST LIC. NO. ARCH ITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 5. ENGINEER'S NAME LASTf -:�A FIRST !�-pvvl S I TI A -1 E L 1 C. NO. I C ENGINEER'S ADDRES� TN N INEER'S E-MAIL ADDRESS CITY p STATE C+— ZIP PHONE NO. ) �0 sygq F-] 6. CONTRACTOR'S NAME I ( BUISINESS LIC. PTATE LIC. ,:�7w �)f-00� Class CONTRACTOR'S ADDRES 2- -7 c4� —F�'WW7311N[o. CONTRACTOR'S E-MAIL ADDRESS CITY c ov021 P E pN OFFICE USE ONLY PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. Mi AKI �1� -- - -- �Z - L_,-"1,4 �_, r Cr\ FE ;p OCCUPANCY- GROUP CHE E PLAN CHECK ENG. r fY 15 Bay Island, Newport Beach, CA Eellgin-ass Su-Irvey Reporting Forlin .Y V -I (Version 1.0, June 20, 2003) 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 celgrass 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 infon-nation on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service, (562) 980-4043, or William Paznok-as, California Department of Fish & Game, (85-8) 467-4218. * Required Information Site Name: -in Bay Island, Newport Beach, CA (common reference) Survey Contact: Rick Ware, (949) 412-9446, rware.erm@carthlink.net (name, phone, e-mail) Permit Reference: (ACOE Permit No., CCC Pernlit No.) Hydrographic System: Developed Harbor (bay, estuary, lagoon, or harbor) Specific Location: 15 Bay Island, Newport Beach, CA (Bay Island, Lower (UTM, Lat./Long., datum, Newport Bay accuracy level, attach electronic survey area map NAD 83 State Plane CA V1 (X,Y): 6057617.14, if possible) 2168580.25 Was Eelgrass Detected: * Yes, Eelgrass was found at this site. * XXX No, Eelgrass was not found at this site. Description of Removal of existing gangway, pier, dock and pilings Permitted Work: followed by construction of new gangway (3' x 24'), pJ er (describe briefly the work to (10'x 14'), and dock (48'x 8') as well asmistallation of be conducted at the site four new pilings. under the permits identified above) Description of Site: (describe the physical and Depth range: Water depths range between approximately +1.0 ft and -9.0 ft bioloalcal conditions within MLLW. the survey area at the time ofthe survey and provide Substrate Sediments consisted of sands to insight into variability, if known. Please provide units type: approximately -4.0 ft MLLW. Fine for all numerical silts were obsei ved from -4. 0 ft to -9 ft information. MLLW. Temperature: Water temperature was 65 degrees Fahrenheit. Salinity: Salinity variable, from 20s to 35 ppt, depending on depth and the time of year. Dominant No dominant flora was observed. flora: Description of Survey Effort: (please describe the surveys conducted including type of suivey,(SCUBA, remote video, etc.) and survey Dominant Invertebrates observed included Horizontal fauna: mussels (4ytilus galloprovincialis), visibility in tabe-dwellino, anemones water: (Pachycerianthusfinibriatus), ectoprocts (Zooboti))on verticillatum), The underwater survey was conducted bottom actually viewed). orange chain tunicates (Botrylloides and methods: using SCUBA. Transects were swam diegensis), tunicates (Ciona every three meters along the shoreline intestinalis) and (Si)�ela montereyensis), amphipods (Grandidierella sp.), and out to the pierhead line. Transect sponge (Haliclona sp.). Fish observed visual width was approximately 10 feet included spotted sand bass (Parala.brax (5 feet on each side of the diver). maculatofasciatus), and round sting Bottom type, common marine life, and rays (Urolophus halleri). Exotic No exotics were observed. species encountered: Other site description notes: Description of Survey Effort: (please describe the surveys conducted including type of suivey,(SCUBA, remote video, etc.) and survey Survey date and time period: October 3, 2005 from 1500 to 1530. Horizontal 5 feet on either side of the diver. methods employed, date of visibility in work, and survey density water: (estimated percentage of the Survey type The underwater survey was conducted bottom actually viewed). Describe any limitations and methods: using SCUBA. Transects were swam encountered during the every three meters along the shoreline survey efforts. out to the pierhead line. Transect visual width was approximately 10 feet (5 feet on each side of the diver). Bottom type, common marine life, and the presence or absence of Zostera marina was noted. Depths were standardized to Mean Lower Low Water (MLLW) based.upon time of observation and tidal corrections for the Newport Bay Entrance, Corona del Mar NOAA tidal survey station. Eelgrass Survey ReporLmg Form (version 1.0, 6/20/03) Survey The survey was conducted by Mr. personnel: Stephen Whitaker, Senior Marine Technician of Coastal Resources Management. Survey The total dock improvement project density: area size within Area of Potential Effect is 5,5 10 sq ft. Of the 5,5 10 sq ft in the APE, 5, 100 sa ft of seafloor were surveyed. This accounts for 93 % of the area within the dock improvement APE project area. Survey None limitations: Other Information: See attached photos of the project area (use this space to provide any additional information or references to attached materials such as maps, reports, etc.) Eelgrass Survey ReporLmg Form (version 1.0, 6/20/03) X.f A 50- p W , Wn WAS MR one ' it My, NEW 1 z S t, g!" x - Asks- A. WQ- AZT 0 A- n I�h Am Sao 47— - t L--,7 Y7 Figure 1. Location of 15 Bay island in Lower Newport Bay Figure 2. Location of project area dock at 15 Bay Island, Lower NesATort Bay **Date of Applicaton: "Property Address: "Buyer's Names -H -A -RB OR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92,660 ,am es illing Address: Telephone No.: Buyer's Signatures: "Seller's Names: Seller's Signatures: Joint Owner Signature: PermitNumber: "Escrow Company: 411es_� eloast 95�.foa) "Address 140 lRewort Center Dr., Newport Beach, C& 92660 "Escrow Number: 5 t- - 0,-,% 3(,,S -**Fax#: (949) 721-5010 Closing Date (Estimate): !� I �i I a; *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. Inspection Date: , Reinspection Date: Fee Paid: Check No: Application Complete: Harbor Resources SignaturelDate Special Conditions: This permit is revocable by the City Council in accordbnce with Title 17 of the Newport Beach Municipal Code, F-8� -V'WP0 4 - Ma West Coast Escrow Fax 949-721 -5010 CITY OF NEWPORT BEACH 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3034/Fax 949-723-0589 Re: Pier Permit #165-15 15 Bay Island, Newport Beach Escrow #ST -02365 Dear Sirs: The City of Newport Beach has inspected the above pier and found it to meet City standards. Once we receive the application signed by the buyer and seller the pier will be transferred. Thanks for your help and if you require further assistance in this matter, please call 644-3034. Sincerely, LorrL*e Aroese Lorrie Arcese Harbor Resources Division Date: Inspection Requested By: Inspector: Pier Address: INSPECTION FORM Harbor Resources Department Don Duffy Za-�Z I- 6 5- -/-S— Pier Transfer Reinspection GFI Present Yes Need None Needled F - Anti -Siphon Backfiow Present Other Comments 1-1�11PAA "Aw Eelgrass Yes No Present] I Pump Out Pier Location Yes No Operationall 1 --1 Recommended Action Encroachmenet Address of C .omplaining Party Boat Description ..CF Number Location on Dock Comments Observations Other Request j - HA, R�,---AFPLICATIOINI' NA 41 `EWP-C-!RT- 89 -AC 080 CITY OF IN —77 . . .... 4- Th A. . . . . . . . . . . . . . . . . . . . . . `�sl Mix . . . . . . . . . . . . . . . . . . . % V b A' Ng VIC 11\111 "Y' 5 k- E,, -r C H A -w, Throwner Sol a all MW NWIT. zw C -,e 7 -e Qgjgg 2,� MR va" Ally r -h 4 k _Y1 ----------- M jk Iwo v -51-�---- TEAR -7:; - . . . . . . . . . . . too yy-. BAT f., �,A A� CC i�� f.5 LA lei' - - - - - - - - - - - - - I A bly SIA January 12, 2005 West Coast Escrow 949-721-5010 CITY OF NEWPORT BEACH 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3034/Fax 949-723-0589 Re: Pier Permit #165-15 15 Bay Island, Newport Beach Escrow No. ST -02365 Dear Sirs: The above dock was inspected by The Harbor Resources Division of the City of Newport Beach inspected the dock 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. It needs 2 new testable Backflow Prevention Devices installed (please see diagram). The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." Please call 644-3034 to request a reinspection. Once the property has passed reinspection and we have the signed application, the pier will be transferred. Sincerely, Lorr'be Aroese Lorrie Arcese Division of Harbor Resources Date: City of Newport Beach Harbor Resources 829 Harbor Island Newport Beach, CA 92658 Attn: Lorrie Arcese Escrow# 5-t- —O'a 136S Please be advised that we have an escrow in process for the property located at: 16 *�� 1�� Imo, A - 1 00 Enclosed please find our check in the amount of 44-1 representing your inspection fee. Kindly 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. Please do not hesitate to call if you need any additional information. Thank You. Sincerely, Julie McMillan Escrow Officer CITY OF NEWPORT BEACIN HARBOR PEE MDT PERMISSION IS HEREny GRAN7ED TO CON'STnUCT AND MAINTAIN THE FACILITY SHorypq AT THE SITE INDICATED, St,%z�jr GS4 "V r!F-VZR5C--' HVIEGF, S THE HAR0021? pj:RLjjy ON OF um.Acl-1 ANY SPlkCIAL CQHDjTtc,!p-,,�; u-svn D�,cmuom yms IS NOT TRANSFERABLE' CON-SEUT 03. THE CITY HARBOR ' &, clo"UrAcAl. TE -21 _ , �,A 43 -� RIGHTS GWEN UNDER TURS ill"ll.-PlIlr"l, ARE 4T -E3"- ySfl';lVZ GNI., AND TRIS Ptrjr�jdjT 611ALY By IN ACCORDANCE WIT, 1-d"LL 17 CiTY H C R 00 CD Cl) 04 0 4-) LO C) C) 4J CN �4 Q) 4-) 0 < c) C) M V > C14 — 0 (n -a =3 — cn LU < 0 C) Z 0 < LL (1) w LL, co Z3 U) (U ry 0 (D CV) ED -0 CO U.) 0 < 0 C) a) I a) 0') CD t _r_ L: < C'4 Lu Z: OD Z (1) o = :3 a) " (1) \�L LL M U) a- 'l k CITY OF NEWPORT BEACH ANNUAL PIER REGISTRATION FEE Card I Card Code 'PIERV Pier Permit Number _T2T_ Facility Address* (15-19 StreeE 1) C2T-_,7U TT Apt # Str *Right justify, (Or use Direction space fill for (M,S,E,W or Ex: 1 2 3 ,, etc) blank) Code f I - non-commercial Number of slips or floats e�2 0 (zero fill --2F3— 2 - commercial T67 ex: 001) Amount to be billed Joint Owner Y - yes 5� N - no (_U7 (zero fill ex: 010 00) Owner's Name T53 Lass—t,—Mrst, Mid (Initials OK Type Form N -New Owner _77 C -Change Owner Card Card 2 Code 'PIER2' _T - _5 Owner's Mailing Address Pier Permit Number e Z, ) /- o, � C b-38) �,treet Ma re S S 5 -7 blank (63-68) cc 69-80 Spaces (12) cc 6 - 14 -3 e? / cc 78-80 leave blank Oc72 6;Z 7 T-59-.62) Zi P