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Home My WebLink AboutM2006-0021Date of Applica(on: Pro,-.., Buyer's Names: Billing Address: Telephone No.: Buyer's Signatures: Seller's Names: Seller's Signatures: Joint Owner Signature HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 2013 Permit Number: The Robert B. Stewart, Jr. Trust —Henry Neill Lehr, Jr. and Stephanie Ann Lehr I Cq - 14 15 I ZQ's I Henry Neill Lehr, Jr Stepanie Ann Lehr ** Escrow Company: Mariners Escrow Corporation Address: 1100 Newport Center Drive. Suite 200, Newport Bea Escrow Number: 45534 -BF ** Fax Number: Escrow Officer: -Brian Foxcroft Phone Number: Closing Date (Estimated): August22,2013 949-640-6040 "STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. Inspection Date: Reinspection Date: Fee Paid: Application Completed: Harbor Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 Date of Application: July 26, 2013 Permit Number: Property Address: 1415 East Bay Avenue, Newport Beach, CA 92661 Buyer's Names: —The Robert B. Stewart� Jr. Trust Billing Address: Telephone No.: Buyer's Signatures: ** Seller's Names: —Henry Neill Lebr, Jr. and Stephanie Ann Lehr ** Seller's Signatures /7f* -144 1, '14n�Ar �9- k2 -Q Henry Ne#1 Lehr, Jr I U Stepdnie Ann Lehr Joint Owner Signature: ** Escrow Company: Mariners Escrow Corporation Address: 1100 Newport Center Drive, Suite 200, Newport Beac Escrow Number: 45534 -BF ** Fax Number: Escrow Officer: —Brian Foxcroft Phone Number: Closing Date (Estimated): August22,2013 949-640-6040 "STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. Inspection Date: Fee Paid: Application Completed: Reinspection Date: Check No.: Harbor Resources SignaturelDate Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 Date of Application: May 14, 2013 Permit Number: Property Address: 1415 E.Hay.Avenue, Newport.Beach, CA 92661 Buyer's Names: —Ha rryBerkowitz and Alec Glasser Billing Address: Telephone No.: Buyer's Signatures: Harry Berkowiz Alec Glasser Seller's Names: —Irhe,layne'T. Lehr 2006 QPRT, dated September 13, 2006 Seller's Signatures: Henry Neill Lehr, Trustee Stephanie Ann Lehr, Trustee Joint Owner Signature: Escrow Company: Mariners Escrow Corporation Address: 1100 Newport Center Drive, Suite 200, Newport Beach, CA. 92660 Escrow Number: 451.1.1 -BF Fax Number: 949-721-8157 Escrow Officer: —Brian Foxcroft Phone Number: 949-640-6040 Closing Date (Estimated): June 27, 2013 "STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. Inspection Date: Fee Paid: Application Completed: Reinspection Date: Check No.: Resources SignaturelDate Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code 6/10/13 Mariners Escrow Fax# 949.721.8157 Re: 1415 E. Bay Escrow#451 11 -BF Dear Mariners Escrow, CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 kz '; �- 144% The City of Newport Beach has inspected the above pier and found it to meet City standards. Once we receive the application signed by both the buyer and seller the pier will be transferred. Thanks for your help and if you require further assistance in this matter please call 949.644.3044. Sincerely, 4k A/4&" Lisa Walters INq I.P.TC14411 11101 0.1 IT, Harbor Resources Department Date: 2-b 15 Inspection Requested By: Inspector: Pier Address: J J�4 ID Pier Transfer GIFI Present Anti -Siphon / Backflow Present Other Comments co I (I I c� Reinspection Yps Need None Needed Yes Need Eelgrass Date Time F] Eelgrass Within 15'of Project [—] Eelgrass Within 15'- 30' of Project F� 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 P X w I " 1 21 "M W- ..................... " 1 21 CITY 9F NEWPORT BEACH CITY OF NEWPORT BERCH kwT UIPM DRY k� IPFW Pi VICINITY MRP JETTY ' vi &w� t� e we 0 L -L, 11 --311 V 11 -' � 4 �, PROFILE I' = 40' EFET iuma;T'NGS -FK 10 SaMINGSSFKBR EWRESSED IN FEET AND DENOTE ,ELEVATIONS BASEI ON MEAN LOWER LOKWAYER. -2-3 Of. v� Z�-nr -7z �- FPPLICANT'S NRIE Ale— NAM _h6p JOB ADDRESS I vi te UTY OF PLAN VIEW 1- �tVf— DATE Worksheet for Building/Fire Permit Applicatioi Lis Please print 3 copies City of Newport Beach RESOURCES Building Department My OF NEWFURT E` 1. Project Address (Not mailing address) 3'MFloor Suite No 11415 E Bay Ave F_ Legal Description Lot F__ BlockF_ Tract F_ # Units 2. Description of Work Use I Moor Boat Replace 32T" pile under pier & Re -Deck City 1, N B # Stories F_ Tenant Name if Commercial Valuation $ — FIZZ111,19, 01 Architect/Designers Address Architect/Designers E-mail Address F- New I— Add F- Alter F- Demo Scl Ft (new/add/extended)F Check Appropriate Box for Applicant/Notification Information F- 3. Owner's Name Last I Leher First FJayne Owner's Address Owner's E-mail Address F1415—E Bay Ave I City 1, N B State FCA zip F92661 Telephone F949-631-3121 F- 4. Architect/Designer's Name Last First Lic. No. F Architect/Designers Address Architect/Designers E-mail Address city I State zip F_ TelephoneF— F- 5. Engineer's Name Last Bazley First FT, Lic. No. [CS00I 9 Engineers Address Engineers E-mail Address 12500 Via Cabrillo Marina #200 1 City I San Pedro State FcA zip F Telephone F310-548-3132 F- 6. Contractor's Name Last First Lic. No. 797052 Class FA Swift Slip F F Contractors Address Contractors E-mail Address 12027 Placentia Ave bhswiftslip@sbcglobal.net City I Costa Mesa State F—A zip F92627 Telephone F949-631-3121 OFFICE USE ONLY PERMIT NO. AN 1415 TYPE OF CONSTRUCTION PLAN CHECK NO. PLAN CHECK FEE $ OCCUPANCY- GROUP PLAN CHECK ENG. BUYERS' HARMS) ADDRESS OF FACILITY: I PERMIT # AVY usits, Toult 1415 SAW SAT 1169- TELEPHONE NO. NO. DATE MAILING ADDRESS =F��CHECK I VAX&" X)lto 0 223 286 11 0 412-1 CLS" PERMIT -W A 15�1.APPLICATION �A PLICATION 15 HEREBY MADE TO TRA.�I�K 15 HE EBY M nAmOwn APPROVED B APFBOVEDB El OCHD A (ABOVE NAMES TO BE TYPE.) ENG COUNCIL -- -�I�NATBREDF SELLER F LL R S E:E SIGNATURE OF BUYER ::::� ;PUBL!C WORKS DEPT - —,GN�TBI101 SILIIR SIGNATURE OF BUYER ESCROW �11NSPECTION S N 0 F JOINT OWNER —ji-GN-A—TURE OF JOINT OWNER PLICATION PROVEC P ATION AP A PLI C (DATE) r -A is CITY OF NEWPORT BEACH, CALIF. ,CITY OF NEWPORT BEACH HARBOR APPLICATION NO. k AL� '1171rx reel o�"( 01"ole below Lower Low Male,,j AJaXl�u� '�:Cm 9 VZ -e,(. '�rho, 1,e7e.S Ore e i0blf'SheW '/h;S SeCllo" orrAlew,,orl' 5 -r- 1A I d��POIWI &,- Alo -T'r ;cvy I Ll Z-, 15C71hCO L 4vJ /.f7) .,,Iou �JD. S32 -04- L- Z4F,1-1,e AC`P!41C4N7-.!9 IVAoWdr &a160a A,0 -0 -e --,V-9 Ale 7-.0407' -4c1W, 1640CIC 4or 'Olk- 0/ r-O&I/&�01;7 49, 0.r. 0 Kilf) 477-IX�; J-0 PeAWM-&K 0-,O.A,/. oR X1411 0 po '�d. ce Col. V(CiMITY SKETCH N,�PoRr 5AY, CAL iroa"t reel o�"( 01"ole below Lower Low Male,,j AJaXl�u� '�:Cm 9 VZ -e,(. '�rho, 1,e7e.S Ore e i0blf'SheW '/h;S SeCllo" orrAlew,,orl' 5 -r- 1A I d��POIWI &,- Alo -T'r ;cvy I Ll Z-, 15C71hCO L 4vJ /.f7) .,,Iou �JD. S32 -04- L- Z4F,1-1,e AC`P!41C4N7-.!9 IVAoWdr &a160a A,0 -0 -e --,V-9 Ale 7-.0407' -4c1W, 1640CIC 4or 'Olk- 0/ r-O&I/&�01;7 49, 0.r. 0 Kilf) 477-IX�; J-0 PeAWM-&K 0-,O.A,/. CITY Or NEWPORT BEACH HARBOR PERNIPT PrIMISSION fs H rn1---sy CRAPITEI) -ro Cl,,, 41tiNrAIN y 11 STRUCT ANV -r r"t 17", "HE HAF Rrvij,?tE it TV 0- To CREOF, c"Al.-rJoNs Of (7C �,ur -AC11 AN; 'ERMr 'N Acc C)NIL, �TY cojjNC(j 'Nt 41' L cQoc. rill 0 IM UCrj,j r 1STR ON PERI-mvill DATE ...... SPECIAL Cor4DITIONS: "" " E."s"Reers Permit arc,Mre county Permit Other C�i &-(? ;p --e & —k3 TRAUTWEIN BROS. WATERFRONT CONSTRUCTION xm N -- General Engineering Contractors 2410 He�part W�d. Hwpm "ach, Calif. 92663 A4—/e-�- (714) 673-1960 CHXD- Ity- DATE kav, z C,V, I �? C-- - F-1 X)/Lor 4�1 41 lv�j State of California, G e orge Deukmej ian, Governor 9/27/83 California Coastal Commission South Coast District . 245 West Broadway, Suite 380 P.O. Box 1450 Long Beach, California 90801-1450 (213) 590-5071 COASTAL DEVELOPMENT PERMIT NO. 5-83-601 page 1 of 2 On— September 15, 1983 , The California Coastal Commission granted to Neill Lehr 8400 Reseda Blvd., Northridge, CA this permit for the development described below, subject to the attached Standard and Special conditions. Relocate existing private boat dock and add five feet to back walk. The project is located on Balboa Peninsula. SITE: 1415 E. Bay Street, Newport Beach Issued on behalf of the California Coa Kg=' 11W PEOUT X WA VALID MISS A* I J11 A UM UP TW ftNT MTN THE S"D ACK1111011111011ANT NAS WN U769U TO INE COMMISSO Orfla. OCT 3 Executive Director and I V ga-aa DHP/r ACKNOWLEDGEMENT The undersigned permittee ack'nbwledges receipt of this permit and agrees to abide by all terms and conditions thereof. Date Signature of Permittee 5/61 Coastal Development Permit No. 5-83-6bi Page 2 STANDARD CONDITIONS; 1 , Notice of �gei,1,4�1 Ag1nL4,1,e The permit is riot valid and construction shall not commence until a copy of n6 y the pe mit n authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions. is returned to the Commission office. 2. Expiratim. If construction has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Construction 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. CM1 ijg ME All construction must occur In strict compliance with the proposal as set forth in the application for , su ject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interr,,,W12�, Any questions of intent or Interpretation of any condition will be resolved by the Executive Director e ' ss Ion. S. Inspections. The Commission staff shall be allowed to Inspect the site and the development during construction, subject to 24-hour advance notice. 6. A ' m t The permit may be assigned to any qualified person, provided assignee files with the Commission an aM viNt cceVting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. Thes e 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: none I a m U, 11 14wr 1601A -fil % rv: A 11&4 J 4ULIOM .4, 1 - 1 10. A U I VV 44K,V, ff) e(W 41 QM"A oklt CITY OF NEWPORT BEACH HARBOR APPLICATION NO. /0 0 0 0 4 t Ci .100R 010c -/z Z- /', = So' 1-4 -pea Alc w 4/00c/ 4v ar Irj , 0 slouna"495 ore In ',,/ "o, &ep �A 5 below Aleor, Lower Low Waxz�m SQ�Ith op, H6rbo, /,n&.5 seclon orveWp,,1 Bar. A 1) V t L 1,0 0 1 V,6Lt N ,C. &b,16oa &It-ol 1412 C, � " 1 30, L 7 4 4UG 11983 CALWORN"k COMMISSION CoASIAC100'sT ()ISIR0 SOUTH 5-83-601 MARINE DEPARTMENT ch CITY HALL = NEWPORT BLVL NEW"CH. CA Q= 7 AA�14' f, 2- --F 3 76T,�zT,w IOU �JD. 93 Zo4 APA41C4IV7�9 V4Wdr &a160a J00 A,0J0de,-$S 46(d. f) 4;ry - /NO 2,eAWN &?- 0-,0. A/. a47'0 <1 0, \< .4W VIC)MITY SKETCH wait Jrr NEwpoar aAy CAL jr,aNtA Jlrrr slouna"495 ore In ',,/ "o, &ep �A 5 below Aleor, Lower Low Waxz�m SQ�Ith op, H6rbo, /,n&.5 seclon orveWp,,1 Bar. A 1) V t L 1,0 0 1 V,6Lt N ,C. &b,16oa &It-ol 1412 C, � " 1 30, L 7 4 4UG 11983 CALWORN"k COMMISSION CoASIAC100'sT ()ISIR0 SOUTH 5-83-601 MARINE DEPARTMENT ch CITY HALL = NEWPORT BLVL NEW"CH. CA Q= 7 AA�14' f, 2- --F 3 76T,�zT,w IOU �JD. 93 Zo4 APA41C4IV7�9 V4Wdr &a160a J00 A,0J0de,-$S 46(d. f) 4;ry - /NO 2,eAWN &?- 0-,0. A/. a47'0 REPLY TO ATTENTION OF: Regulatory Branch SUBJECT: Remodel Dock For Neill Lehr DEPARTMENT OF THE ARMY LOS ANGELES OISTRICT, CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES, CALIFORNIA 900013 June 1 , 198 3 Sam Kniss Trautwein Brothers 2410 Newport Boulevard Newport.Beach, California 92663-3798 Dear Mr. Kniss: . Thank you for your letter of May 23, 1983 notifying us of your intent to construct a modification of a boat dock I -at 1415 East Balboa Blvd., Lot 8, Block N & 23, Tract Eastside. Your drawings have been reviewed and generally conform to the provisions of General Permit GP 004 for privately owned boat docks in-Rewport iIay Providing you have complied with State and local laws you may proceed with the work. Your proposed work has been assigned General Permit No. GPO04-155 If you have any furthur qu6stions, please feel free to call our Regulatory Branch at (213) 688-5606 and refer to this number. A copy of the General. Permit is enclosed. Sincerely, J.P. Fast Chief, Construction - operations Division Enclosure STATE bf!�CALIFORNIA—RESOURCES AGEN�. GEORGE DEUKMEJIAN, Governor -CALIFO AIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANK REGION 6800 INDIANA AVENUE, SUITE 200 RIVERSIDE, CALIFORNIA 9ZS0G PHONE: (714) 684-9330 May 31, 1983 Mr. Samuel F. Kniss TrautweAn Brothers Waterfront Construction 2410 Newport Blvd Newport Beach, CA 92663-3798 Dear Mr. Kniss: Remodel dock for 1415 E. Balboa Blvd Newport Beach, CA 92663 Based on the submitted no liveaboard statement and standard dock- cons-truction,.water quality should not be affected and clearance is provided. Sincerely, Ga ryy _D. tewart Staff Engineer GDS -. ky6 la .. I I CITY OF NEWPORT BEACH ITEM NO. F-11 Marine Department June 27, 1983 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 109-1415 BY NEILL LEHR TO REVISE THE RESIDENTIAL FLOAT BOAYWARD OF 1415 EAST BAY AVENUE Recommendation: If desired, deny the application. Discussion: This application is before the City council as required by Section 5.B of the Harbor Permit Policies which states: 5.B. "Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to the standard harbor drawings and the adopted Harbor Permit Policies." Specifically, the applicant is requesting that the Council waive Section 20.A which states: 20.A. "All piers and floats for residential properties shall be set back a minimum of 5 feet from the projection of the property line." This applicant has a 42 foot vessel which he wishes to berth bayward of his property. Given the beam width of a vessel of this size, a U-shaped slip cannot be constructed on a 30 foot lot and provide the required setbacks. Therefore, the applicant wishes the setback requirement be waived as outlined in his attached letter of June 3, 1983. The City Council may approve exceptions to the policies as set out in Section 24 which states: 24. "The City Council may approve exceptions to any of the requirements and regulations set forth if there are special circumstances or conditions affecting the harbor installations that would impose undue hardship on the applicant or if it would be detrimental to the best interest of the City." In this case no undue hardship exists, in that the applicant could construct a structure other than a U-shaped one and berth his boat bayward of his property. It does not appear that adherence to Section 20.A would be detrimental to the City's interest. DAVID HARSHBARDER, Marine Director Tony Melum� Tidelands Administrator TM: d1b CITY OF NEWP.AT BEACH HARBOR AN -ACATION NO.. F er/S7-�5- A� 01 OR 0.4 C -/z / .1 =450 , In, I", K Woo "o".. Col.. c VICi J%J I TY SkETCH W"r js�r r d 5164enol,,,95 0,0 eAprcsSed 1� Aeej� Once oln,,te ale, -Ohs below 41�0,n /ow" Zow Pans?e, 0/' p Wxfno"W/,- 10"ce-1 yarbo, are e , io61,'shcj1p1,�r,11,;s seclo"DrIvewoor/ say-. 4! 0 , 4,1 '1914 ZA S. 0;q Llne, z:lo e tJeD. 9 � 2 o4- 2 3 APPI IC4,Vr�F 0VA40,W f- &al6oa &/Va/ Zar/r/c/P Alr ej 8 or. &�16oa -00,OV. 70. ri ti - 30' W�v A-1--oo A;"&// A v &Y .4v On 4T Li z:lo e tJeD. 9 � 2 o4- 2 3 APPI IC4,Vr�F 0VA40,W f- &al6oa &/Va/ Zar/r/c/P Alr ej 8 or. &�16oa -00,OV. 70. OFFICE OF THE PRESIDENT June 3, 1983 C /rw/ "/; I - Kvmr W, C &. 8400 RESEDA BOUUEVARD NORTHRIDCE, CALIFORNIA 91324 Mr. Tony Melum, Harbor Coordinator c/o Marine Safety Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Re: New dock at 1415 East Bay Avenue, Newport.Beach Dear Mr. Melum: Mrs. Lehr and I are the new owners of the residence at 1415 East Bay Avenue. We would like to modify the existing U-shaped slip to accommodate our vessel, a 42 foot Grand Banks. We have authorized Mr. Samuel F. Kniss, a partner in Trautwein Brothers Waterfront Construction, to repre- sent us in obtaining the necessary permits as well as handling the construction. This modification would encroach the setback between our property and that of Mr. & Mrs. Frank Rhodes at 1417 and 1419 East Bay Avenue. Mr. Rhodes has no objection at this time. I understand that if, at a future date, Mr. Rhodes or a future purchaser of his property should wish the easement vacated, with 90 days notice I must so modify the dock. I am in agreement with this premise. Mr. Meium, I will certainly appreciate your assistance in obtaining the necessary permit at the earliest possible date. Respectfully.yours, H. Neill L h President HNL/dj P.C. Mr., Frank Rhodes Mr. Samuel F. Kniss 5 ST�TE OF CALIFORNIA—STATE LANDS IMISSION "GEORGE DEUKMEJIAN, Go�ernor STATE LANDS COMMISSION 1807 13TH STREET SACRAMENTO, CALIFORNIA 95814 June 10, 1983 J, File Ref. SD 83-05-31 Mr. Samuel F. Kniss Trautwein Brothers Waterfront Construction 2410 Newport Blvd. Newport Beach, CA 92663-3798 Dear Mr. Kniss: 16 1 4 J01 14V a& 4ty .16 1983 Subject: Remodel Dock for Mr. Neill Lehr at 1415 East Balboa�� Boulevard, Newport Beach, CA The staff of the State Lands Commission has recieved your letter dated May 24, 1983 and copies of the permit drawing relative to the remodeling of your client's docking facility in Newport Bay. This is to advise that the tide and submerged lands over which the proposed project will extend are sovereign lands of the State of California that the Legislature granted in trust to the City of Newport Beach. Therefore, you need not apply to the State Lands Commission for project authorization. You should, however, apply to the. City of Newport Beach.for any necessary permits or approvals. You should also apply to all other agencies having approval authority. This action does a waiver of any right, in any lands under its JL;bL not constitute, nor title, or interest jurisdiction. cc: California Coastal Commission South Coast District 666 East Ocean Blvd., Room 3107 Long -Beach, CA 90801 FR-6bert L. Wynn, City Manager C-i—ty-of-Newporf B—each City Hall 3300,,,,Newp9rt,.Boulevard Newport Beach, CA 92660 bcc: G�90.-� P C shall it be construed as, by the State of California Very. truly yours, JUDY LUDLO14 Granted Lands Representative (916) 445-7134 WATERFRONt CONSTRItTION To: Neill Lehr Cadillac 2410 Newport Bouleyord Newport Beach, California 92663.3798 Telephone (714) 673-1960 Contmaors U,enw No. 322996A April 13, 1983 8400 Reseda Boulevard Northridge, Ca. 913 Re: New dock @ 1415 E. Balboa Blvd., Newport Beach Dear Mr. Lehr:, For Your convenience and to expedite the processing of the permits, etc. that are necessary to the above project, I can sign for you as your agent on all such documents. If this is your desire, Please endorse below. Please retain one copy for your files. Sincerely, TRAUTWEIN BROTHERS WATERFRO CONSTRUCTION Samuel F. Kniss I authorize you to act as my agent on the above project. SignatAure V Date STATUS SHEET HARBOR PERMITS LOCATION____j?j P E RN I l. tlo � AV Revision APPLICANT NAME Dredging CONTRACTOR Dwe jec I v Amt. Fee Processed V& Date Reviewed by Marine Dept., Approved_jf��.---- Den i ed Corection Yequired - Description City Council. Approved Denied Remarks 1 2 3 DATE MATERIAL SENT/APPROVED Application Consent Ltr. "Waste" Ltr, Drawings Staff Report REMARKS C.O.E. SCRZCC- SARWIICB UATE FINAL INSPECTION 9- ?-- F'5 OR. CTY. ---- ------ - -- CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES 0 0 'P June 27, 1983 0 -V ROLL \CALL\ tp INDEX (e) Resolution No. 83-61 modifying the Res 83-61 Annual Pier Fee pursuant to Section Pier Fee 17.33.030 of the Newport Beach Muni- (40) cipal Code effective July 1, 1983 and rescinding Resolution No. 82-94. (f) Resolution No. 83-62 establishing Res 83-62 Mooring Fees and a Late Payment Penalty Mooring Fees pursuant to Section 17.22.050 of the (40) Newport Beach Municipal Code, and rescinding Resolution No. 82-95. (g) Resolution No. 83-63 amending Subsection Res 83-63 A of Section 12 of the Harbor Permit Harbor Permit Policies relating to the Schedule of Fees Fees for Permits to become effective (40) July 1, 1983 and rescinding Resolution No. 82-93. 4. A report from the Marine Department recom- Harbor Permt mending denial of HARBOR PERMIT APPLICATION LEHR 109-1415 by Neill Lehr to revise residential (51) float bayward of 1415 East Bay Avenue, was presented. Neill Lehr, 1415 E. Bay Avenue, addressed the Council and stated that he would like to remodel the boat slip to accommodate his 42 foot Grand Banks. He stated that the modi- fication would encroach the setback between his property and that of Mr. & Mrs. Rhodes at 1417 and 1419 E. Bay Avenue, who have no objection to the request. He added that if, at a future date, Mr. Rhodes or a future purchaser of his property should wish the easement vacated, he would modify the dock within 90 days as required. Motion X Motion was made to grant the request, subject to the 90 -day condition referred to by the applicant. Tony Melum, Tidelands Administrator, addressed the Council and stated that there is continual pressure to maximize the water use in the harbor, and they feel by granting this exception weakens their position in supporting Council policies. He stated there are several single -finger slips in the harbor that have a similar problem, but are able to back their boats out into the channel, turn around and back in, re -tie, and handle vessel maintenance. The request does not interfere with any swimming activities. Ayes x x x The motion was voted on and FAILED. Noes x x x Abstain x No further action was taken. Volume 37 - Page 214 CITY OF NEWPORT BEACH COUNCIL MEMBERS 01, June 27, 1983 ROLL CAL Motion All Ayes Motion Motion All Ayes MINUTES Volume 37 - Page 215 INDEX Ordinance Live Enter- tainment (27) Santa Ana Hts Annex (21) Legal Adv (20) 5. Proposed.Ordinance No. _ being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.28 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE ISSUANCE OF PERMITS FOR LIVE ENTERTAINMENT TO ESTABLISH- MENTS THAT SERVE FOOD OR BEVERAGES, with a report from the City Attorney's office, was presented. x Motion was made to defer the subject ordinance for introduction on July 11, 1983. 6., A report from the City Manager regarding SANTA ANA HEIGHTS ANNEYATION AND PRE -ZONING, was presented. Dan DeMille, representing property owners in the agricultural area of Santa Ana Heights addressed the Council and discussed the Cit;'s intent to paya portion of the cost of the EIR for Santa Ana Heights Annexation. He indicated his objections to the recommendation of participating in the funding of the EIR. Jack Mullen, 2031 Mesa Drive, Santa Ana Heights, appeared in support of the recommendation. Bill Warren, 20412 Birch Street, Santa Ana Heights, addressed the Council and stated he was not supportive of the City Jointly funding the EIR, indicating he felt as a result of the EIR, his ptoperty would be rezoned. x Motion was made to approve the recommendation contained in the staff report. x Substitute motion was made to fund the cost of an adequate EIR for Santa Ana Heights Annexation after the proponents for said annexation have deposited the sum of $15,000 with the City Finance Director. 7. A report from the City Clerk recommending the City Council accept the bid of the Daily Pilot for LEGAL ADVERTISING SERVICES FOR FISCAL YEAR 1983-84, was presented. Steve Hadlin, Co -publisher and General Manager of the Newport Ensign, addressed the Council regarding the subject recommenda- tion. He stated he felt there were exterruat- ing circumstances involved, i.e., the total circulation of the Ensign is greater than that of the Daily Pilot in Newport Beach, the break down per column inch cost per 1,000 circulation is lower than the Daily Pilot, and the deadline for legal notices is greater as to lead t-ime in the Doily Pilot as opposed to the one -day ahead time needed for the Ensign... Volume 37 - Page 215 INDEX Ordinance Live Enter- tainment (27) Santa Ana Hts Annex (21) Legal Adv (20) 3 -173438 DOMAMTAWf tOMFER TAXIII,,/ �Comfputedlon "'consideretion . or . value of property corrvirtntd., OF ...... C01hput0d on the consideration or valu.w IOU Ilene or q"'oh'aft", remaini attimoot4ale. ��ak wm _ A. P. No., FIRST AMERICANT TITLE INSURANCE COMPANY 7� GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,., ROBERT B. MC LAIN AND JOSEPHINE H.,.MC, LAIN, HUSBAND AND WIFE AS JOINT TENANTS hereby GRANT(S) to H. NEILL LEHR AND JAYNE LEHR, HUSBAND AND WIFE AS COMMUNITY PROPERTY the real property in the City.of NEWPORT BEACH County of ORANGE State of California, described as LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF, �Mtmim Z i',t. -, L- '! -1-kA-19= IM '� �' jag SUBJECT TO: 1. GENERAL AND SPECIAL TAXES. 2. COVENANTS, CONDITIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS AND RESERVATIONS OF RECORD, IF ANY. el, 4 �ak' STATE OF CALI NIA 83-173438 COUNTY OF— ange On --_April 18, 1983 before me. the undersigned, a Notary Public;n and for A said State, personally appes and Josephine H. McLain personally known to me (or proved to me on the basis of sells - factory evidence) to be the penson(s) whose namels) Ware sub- scribed to the within Instrument and acknowledged to me that )QMQShey executed the same. WITNESS my hand and official seal. Stgnatu'7'� il�dred J clNie�illy OFFICIAL SEAL Mildred J. McNeilly NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY MY COMMISSiOn Exp. Oct 4,1985� (This area for official notarial seal) SEAL IC - CA ;- OFFICE IN E COUNTY Emp. Oct 4.19M' I notarial MI) tQ02 (6182) 83-173438 p j?�k� 7' PARCEL 1: Lot 18 in Block 23 of East Side Addition to the Balboa",T'r'act, as,shown on recorded in Book,4�" a.map page 20 of Miscellaneous Maps, records of Orange County, California. PARCEL 2: Lot 8 in Block 23 of East Side Addition to the Balboa Tract, as shown I on a map recorded in Book 4. page 20 of.Miscellaneous Maps, records of Orange County, California,' together with that portion of Bay Avenue, 30.00 feet wide, as shown on said Map of the East Side Addition to the Balboa Tract, as vacated by that certain resolution No. 4687 of the City Council of the City of Newport Beach, a certified copy of which was recorded September 3, 1957 in Book 4025, -page 185 of Official Records of said Orange County, said portion lying.between the Northerly prolongation of the Easterly and Westerly line , of said Lot 8.' PARCEL 3: Lot 8 in Block N of Bay Front section of the Balboa Tract, as shown on a MaR recorded in book 6, page 15 of Miscellaneous Maps, records of Orange County, California. PARCEL 4: Beginning at t * he Northeast corner of Lot 8 in Block N of Bay Front Section of the Balboa Tract,,as shown on a Map recorded in Book 6, page 15 of Miscellaneous Maps, records of Orange County, California, thence Westerly along the Northerly line of said Lot 8 to the Northwest corner thereof; thence Northerly along the Northerly extension of the Westerly line of said Lot 8 to its intersection with the line of ordinary high tide of the Pacific Ocean in Newport Bay as described in the decree of the Superior Court of Orange County, California dated July 30, 1928, a certified copy of which was recorded August 14,-1928-JaL-Book tide line to its intersection with the Northerly extension of the Easterly line of said Lot 8; thence Southerly along said extended line to the point of beginning. Excepting therefrom any portion lying below the line of natural ordinary high tide. Also excepting any artificial accretions waterward or sa.id.line of ordinary high tide. EMBIT A CALIFORNIA MARINE DEPARTMENT January 14, 19.75 /0? - 141_5� City Hall 3300 W. Newport Blvd, Area Code 714 673-2110 gnglish, Pittroef, Stephens? McHone, Brookes, Peck,, McLain, Rhodes Dear Sir: The Los Angeles District of the Army Corps of Engineers has notified us that you have been placing sand bayward of your recently installed retaining walls between F and G Streets on the Balboa Peninsula. Further, they have requested that we contact you on -this first recorded offense. The placement of any fill material in the bay is an illegal act, punishable by federal action, unless prior approval is granted by the Army. The material must be analyzed for con- taminant content before being placed anywhere within the harbor. The analysis of samples is an expense to be born by the tidelands user, and the samples must meet certain stand- ards. The standards are reviewed by the Environmental Pro- tection Agency, the California Fish and Game, the Regional Water Quality Control Board, and the Department of Interior, River Basin Studies. Since this activity is now under very close surveillance by the Corps of Engineers, and other agencies, we strongly suggest that you contact this department before any further fill mater- ial is contemplated to be placed along the shoreline. The permit procedure must now be strictly adhered to, or, as the Army related to us, they will file with the Attorney General for prosecution. This letter is written in order to inform you of the situation in the event you were previously not aware of it. If you have any questions, please feel free to contact the U. S. Army Corps of Page Two Engineers, Los Angeles District, Harbors, and Waterways Division, Attention: Mr. John McVey, Area Manager - South Coast Areas, P. 0. Box 2711, Los Angeles' California 90053 (Tele. (213)688-5607). We refer you to his office,'since the material has already been placed, taking the situation from local control. Again ' if any fUrtqer fill material placement is contemplated, please do not fail to file for the necessary permits with the City of Newport Beach Marine Department. This way, we can all assist in retaining the necessary controls at the local level. Very truly yours, MARINE DEPARTMENT CITY OF NEWPORT BEACH R. E. Reed, Director RER: lf 0 CALIFORNIA �,-OASTAL ZONE CONSERVATION COMMISSICnN SOUTH COAST,REG* ONIAL COMMSSION 666 E. OCEAN !-_U,�VA!a, SUITE 3ID7 P.O. tax 14z) LONG BEACH, CALIFC;NIA 91301 (213) 46-4231 (714) 846,0"S April 15' 1974 NOTICE OF PUBLIC HEARIN4G P�rsuant to order of the California.Coastal Zone Conservation Commission, notice of public hearin.g is hereby given. Said public hearing is scheduled on the May 6. 1974 Agenda for application for Permit, 1'umber P-1,-2-74-2c)6o as submitted by Robert McLain. The subject request is to permit Construction 'of a -wooden seawall for beach preservation at 1415 Bay Front, Nei-mort Beach Said agenda public hearings will cc=mezice at 9: CO am on may 6, 197 at Long Beach Harbor Department 925 Harbor Plaza, Long Beach, 6th Floor, Board Room during which time all persons either -favoring or opposing the application will be heard. Any written correa-pondence regarding his off�ice prior to the hear - the application should be directed to 2. ing date. All interested individuals who wishadditional information may con- tact this office. MI. J. entU'" Exe7cutcaemrector- wk FOR APPLICANT ONLY... COPY OF THIS NOTICE IS TO BE POSTED ON SUBJECTPROPERTY STATUS SHEET HARBOR PEP24ITS LOCATION &ZZ0,, ,,/? New Revision 00 Dredging Date Rec'v 1 Fee Amt. Fee Processed Date Reviewed by M.S.D. Approved 'Z -*L -?--/6 Denied Correction Req1d. Desc. City Council: App oved Denied Remarks 2_-. L f-7 P 5. Staff Report 6. 7. 8. REMARKS J.H.C. Or.Co. T. 1. C. DATE MATERIALSENT/APPROVED C.O.E. S CRZCC SARWQCD 1. Application 7 -7 2. Consent Letter .3. "Waste" Letter 4. Drawings 5. Staff Report 6. 7. 8. REMARKS J.H.C. Or.Co. T. 1. C. LOS ANGELES COR�-S OF ENGINEERS P. 0. sox 2711 LOS ANGELES, CALIFORNIA 90053 SPLCO-N Mr. Robert B. McLain 1415 E. Balboa Boulevard Newport Beach, California 92661 Dear Mr. McLain: 22 August 1974 Your permit, dated 22.A.ugust 1974 (74-77), has been validated and is inclosed. Notice of Authorization and copies of forms for reporting the status of work are also inclosed. Sincerely yours, jeLy! I ; '-W� 1're C CC 3 Incl JOHN V. FOLEY 1. Permit COL, CE 2. Notice of Authorization District Engineer 3. Wrk Status (dupe) ��.Ze of Applicant I CGrps c�f Eq�Qi---ers I I�nliprl- 'R- e Effective Date 99 Al,gu,f- IQ74 Los Angeles, California Expiration Date 11 T)PrPnhP-r 1977 DEPARTYEENT OF THE ARMY PERMIT Referring to written request dated 26 November 1973 for a permit to: 01) Perform work in or affecting nav-Jgable waters of the United States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3. 1899 -a--Y—Discharge dredged or fill material into navigable waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act (86 Stat. 816, P. L. 92-500), T—T-7—ransport, dredged material for the i - Durpose of dumping it into ocean waters upon the issuance of a permit from, the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052; P. L. 92-532); Robert. B. McLain 1415 E. Balboa Boulevard Newport Beach, California 92661 is hereby authorized by the Secretary of the Army: -to construct and install a wood seawall (8 feet high by 30 feet long) , 45 feet shoreward of the U. S. Bulkhead Linei to remove a portion (shoreward of proposed seawall) of the existing pier and to join bayward portion of the existing pier with the seawall New%port Bay (Pacific lr---Lot No. 8, Block No. N and 23, Tract Eastside Addition, Neuport Bay, City of Newport Beach, Orange County, California. '-rn--ac—c`or�rdance with the plans and drawings attached hereto which are incorporated in and made a part of this permit on drawings: "Robert B. McLain, 1415 E. Balboa Blvd., Tract Eas.tside Addition, Block N and 23, Lot 8. Drawn by =utwein Bros. Dated 6 November A973.' SUb �UL I -U g FORM (ER 1145-2-304� SPL I MAY 74 581 (ER 1145-2-303) PREVIOUS EDITIONS ARE OBSOLETE Page 1 of 5 Alc.w wall 50 '11�� 0147L Z— Ala VC'.4ZX- -4,'V VlCh',J!T'i� 5kETCH 11h;5 SCC11-1 L L r� L) 6,1 kal IT I 1 1 4 1 u C9 /0 A 0 Ale ?�Y 7-�'�407- ,�16oa elvol r�/&�Cf;7 C�as (I ilf) (Z 7.7 - 13vo 121-'AWV Z,r' '9"O -Y' ZY 7 o a6 -1 - -- on s (a) That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; and.that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General Conditions j or k hereto, and -'in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this permit has been previously modified, suspended or revoked in whole or in part. (b) That all activities authorized herein shall, if they involve a discharge or deposit into navigable waters or ocean waters, be at all times consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, and pretreatment standards established pursuant to Section 301, 302, 306 and 307 of the Federal Water Pollution Control Act of 1972 (P. L. 92-500; 86 Stat. 816), or pursuant to applicable State and local law. (c) That when the activity authorized herein involves a discharge or deposit of dredged or fill material into navigable waters, the authorized activity shall, if applicable water quality standards are revised or modified during the term of this permit, be modified, if necessary to conform with such revised or modified water quality standards, within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implementation plan contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the- circum tances. (d) That the permittee agrees to make every reasonable effort to prosecute the construction or work authorized herein in a manner so as to minimize any adverse impact of the construction or work on fish, wildlife and natural environmental values. (a) That the permittee agrees that it will prosecute the construction or work authorized herein in a manner so as to minimize any degradation water quality. 'f) That the permittee shall permit the District Engineer or his authorized representative(s) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance with,the terms. and conditions prescribed herein. (g) That the permittee shall maintain the structure or work authorized herein in good condition a -Lid in accordance with -the plans and drawings attached hereto. (h) That this permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. (i) That this permit does not authorize the interference with any existing or proposed Federal project and that the permittee shall not. Page 2 of 5 be entitled to conpensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. (j) That this permit may be surnmarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. Such suspension shall be effective upon receipt by the perraittee of a written notice thereof which shall indicate (1) the extenL of the suspension, (2) the reasons "or this action, and (3) any corrective or preventative measures to.be taken by the permittee which are deemed nec essary by the District Engineer to abate imminent hazards to the general public interest. The pernittee shall take immediate action to comply with the provisions of this notice. Within ten days following receipt of this notice of suspension, the pernittee may request a hearing in order to present information relevant to a decision as to whether his permit should be reinstated, modified or revoked. If a hearing is requested, it shall be conducted pursuant to procedures prescribed by the Chief of Engineers. After completion of the hearing, or within a reasonable time after issuance of the suspension notice to the permittee if no hearing is requested, the permit will either be reinstated, modified or revoked. (k) That this permit may be either modiflied, suspended or revoked in whole or in part if the Secretary ol the Army or his authorized representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. Any such modifica t4on, suspension, or re- vocation shall become effective 30 days after receipt by the pernittee of written notice of such action which shall specify the facts or conduct warranting same unless (1) within the 30 -day period the permittee is able to satisfactorily demonstrate that (a) the alleged violation of the terms and the conditions of this permit did not, in fact, occur or Ob) the alleged violation was accidental, and the permittee has been operating in compliance with the terms and conditions of tile permit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and conditions of this permit; or (2) within the aforesaid 30 -day period, the permittee requests that a public hearing be held to present oral and written evidence concerning the proposed modifica- tion, suspension or revocation. The conduct of thi:s hearing and the procedures for making a final decision either to modify, suspend or revoke this permit in whole or in part: shall be pursuant to procedures prescribed by the Chief o� Engineers. (1) That in issuing this permit, the Government has relied on the information and daEa which the permittee has provided in connection with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be lalse, incomplete or inaccurate, this permit may be modified, suspended or revoked, in whole or in part, and/or the Government may, in addition, institute appropriate legal proceedings. (m) Thal, any modification, suspension, or revocation of this permit shall not be the basis for any claim for damalges against the United States. (n) That the permittee shall notify the District Engineer at what: time tho �i,!vivitv authori.zod hero.Lu will bc c.ommenced, as far in advance Page 3 of 5 of the time of commencement as the District Engineer may specify, and of any suspension of work, if for a period of more than one week, re- sumption of work and its completion. (o) That if the activity authorized herein is not started on or before 311st day of December , 19 75 , and is not completed on or before 31st dav of December 1977, this permi-it, if not previously revoked or specifically extended, shall automatically expire. (p) That no attempt shall be made by the permittee to prevent the full- and free use by the public of all navigable waters at or adjacent to the activity authorized by this permit. (q) That if the display of lights and signals or. any structure or work authorized herein is not otherwise provided for by law, such 'lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of -the permittee. (r) That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of tile Federal Government. (a) That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a 'transfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition v hereof, he must restore the area to a condition satisfactory to the District Engineer. (t) That if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may b a necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. (u) That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. (v) That this permit may not be transferred to a third party without prior written notice to the District: Engineer, either by the trans- feree's written agreement to comply with all terms and conditions of this permit or by the transferee subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other Page 4 of 5 r's signature. Permittee hereby accepts and agrees to comply with the terms and conditions of this permit. A 152,� a By A, Secretary of the Arm i e, I rc C Ile v JQ:Z-,\T V FhT.py District -Engineer 22 Auguat-1974 Date Transferee hereby agrees to comply with the terms and conditions of this permit. Transferee val� Page 5 of 5 19 22 Awwt V: feet by 33 faw of the Wer aad to ja jaywaz- LS feet Wsz%s jffo" (PACLfic scw-�; 122-jawarc 0- Hu'', to tie Lsawl" Eay� Am M �1;ejqort If the T-aC2 Co. lot .... h, osange W 19y, .. ....... Rob art g, ISSUEED TO ncuWva," —1, 14,D Bcacb, G - Dewport I 6E V�--77 7,i LA 16 A. ?lease make all reports re status of work under this insutiment, direct to the District Engineer, Department of the Army, Los Angeles District. Corps of Engineers, P.O. Box 2711, Los Angeles, California 90053. -he attention of the applicant is directed to the conditions of the permit, which specify that the District Engineer shall be notified as to the date of commencement, the dates of suspension of the work, and date o, completion. If it is anticipated tbar the work will not be completed by the date of expiration, application should be made to the District Engineer, well 'in advance of that date, for extension of time to continue the work, provided that there has been no change in the attendant circumstances. The following forms are attached for your convenience, and it is requested that the appropriate one be completed and returned to this office as work progresses. (Extra copy is for your record.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - �cu't crz. I inc) subject-. mipieti-an o, work under Department of the xv pemuilt. (Date) .0: DISZrict Engineer, Corps of Engineera, Departraeut of the Art.w. Los Angeles, Ca- -Us in ampliance wIM Ll.e conditions, Of trie Pe -nit d&ted IS--- for Mis is to nozif�7 you T27.at such work w—u completed or, 19 (Address) Signed: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 29---. (cut an Itnc) E-,;b,ect� R4simptlon off -omunder Departzienz, of ne ArFq pernit. j)IsrrIct Zzglneer. Corps of MigineerS, Depar=-gnt of V21e A -My, LOS Angeles, California In C,,%pIjanCe WI -b Me Conditions Of tM NZM�t issued lg___for mis Is to notify you that worir will be resiuned on 19 — ------- — -- — ---- ---------------- — --- ------- I signed: ----- — - — - — -------- — - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - �Mt On. lina) Sub, ec--- Ss.,sperislon of work under Department of the Anry pe�Mlr. To, Dst'jct Engineer, Corps of Zrigineers, Depazr=ent of the Army, Los Angeles, California it. compiiance with Me conditions or the pern.it issued ... . .. . .... IS__ for - ------- this is to notify you that Wom Will be, suspended * for ..... days, beginning ig--. /* If for zore t4w. I =eA0 � Si Shed. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ( cu, t On I i'rx) 19-- &ib;ect: Cwmeacevient of Work under Dapartuient of the Arrty perrilt. To: District Engineer, Corps of Eqginee�,� Departrent nf the AnV, Los Angeles. California in win, tho conaizions or the pomit i6stiea if; ___rnr ..... . . this Is to notify you that the authorized work will be carMlehcee L.k FL 225 ol . ?'Gaae make all reports ra status of work under ffJs instrument, direct to the District Engineer, Department a,' the Army, T as geles Disuict. Corps of Engineers, P.O. Be! 2711. Los Angeles, Califorma 90053. Az. z Tbe attention of the applicant is directed to the conditions of the pezmlt, whtch specify that the District Engineer shall be notified as to the date of commencement, the dates of suspension of the work, and date of comp'ation. It it is im-.'�cipaared that the work will hot be corardsted by the date of expi-ittion, application should be made to the District Engineer, well in advance of that date, for Extension of time to continue the work, provided that there has been no change in the attendant circumstances. The following forms are attached for your convenience, and it is requested that the appropriate one be completed and returned to this office as work progresses. (Extra copy is for your record.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,cut or. tinc) S,,bjecc: Ctmpletlai of worl-, under Depar=ent of t�ia AZ.4 pemit. (Late) .D; Dlst-Mct Engineer, Corps of Engineers, D2parrtmezat of t:,,e AriV. Los MnSeles, C&Ijfr5znIa In. conplialee 'NIM the cond!ZlonS of the pe—Mir dared 19--- for r -b -S Is to notlf�' you that, such work Waa 0=pletad 0.11 19 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (cut on It'no) aib�oou Resumption of wor-4 under N-partment of ME Arp-v Pe -'-at. ite) o: Metric' . Engineer, Corps of Engineers. Departr-rit of the Amy, Los Angeles, Call fornia In c,-zrpl.�ance wltri tne condit.10as of the pem-lt Issued 16 --for --- — ---- ---- — — Min Is to notify you that work will be resusied on ig - ------- --- --- 7-4��7�T37) ---- ---------- - - - -- - ------ - Signed: . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i cut or. ;inaj ,9ubleoz;: %spenSIM of work under Department of the Ar.MY parTalt. To: District Engineer, Corps of Engineers, Department of Lie Amy, Los Angeles, California In coripliance with Ulte condItIms of Me perrait ISSued ... . ........ 19__ for - ------- tbs Is to notify you that Work Will be suspended kl, fo ------ days, beginning If for �re thari I we,) Slgied: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (cut on �rta) Subject: Cpsaencensr.�; of work under Department of the Anny pentait. TO: Dist-lCt Engineer, Cor-ps of Engineem, Department nf the An -.W, Los An@ales, California "Mililtinoo 1�10% W10 C'"IdlLiono or rho. oor-,iln Itictied 1�� ___,or ..... . .. — - — — - — — ------------- — -------- — thin Is ton-otlfy yen that the au*.orlze(I work will be Coatietic0C LA FL M 0. Box ��7i LOS ANGELES. CALSFORNIA 9(�053 SPLCO-N ?x. Robert B. Main 1415 E. Balboa Boulevard Newport Beach, caliioruia 92661 Dear ' . MaLa:7--. 22 August 1074 Your permit, dated 22 August 1974 (74-77), has beea valWated and is inclosed. Notice of Authorization and copies of forms for reporting the status of wor! are also in.clowd. 3 I — ParMt 2. Mice of huthotization 3. --,fork Status Sincerely yours, WAN Z FGLEY COL, az District Engineer S14,,TE OF CALIFORNIA CAUFORO�XIA COASTAL ZONE C-01NISERVATION, COMTVJSSION SOUTH COAST REGIONAI COM141551,01IN 665 r. OCEA.M 1301_EVAR'D, SU;TE 3107 KO. LOX 1450 LONG BEACH., CALIFORNIA 90M (213) /,&4261 (714) 346-064-U RESOLUTIO'N, OF I.PDROVAL PUM P! An -ication Nuumber., P-4-2-74-29bO P -L !,'1a_1y.,e of Applicant- Robert B. McLain RONIAID REAGAN, 1415.E. Bay Front, Newport Beach 92661 Permit Type. Ox 3 t an d -1 r d F-1 Emeri-,ency Development Location: _1_�L15 E�ay_LronL,_Newpo�L_Eeach Development Description. CoDstruct a wooden seawall for beach preservation. The wall is 3"xl2" tongue and groove and is to.be buried 8' deep. Top of the wall -will be +8.0 on or ju,�t below existing sand profile. (Sand profile is +8.0 mean low lower water) Commission Resolution: 1. The South Coast Conservation Commission finds that the -proposed development: A. V -Lill not have a substantial adverse environmental or ecolog- ical effect. B. Is consist-nt.-with the findings and declarations set- forth � in Public , Resources Code Sections 2/001 and 27302. C. Is subject to the following other resultant statutory pro- visions and P014 CieS. City of Newport Beach ordinances. D. Is. consistent with the aforesaid other statutor provisions and policies. in that: �Iapproval in concept has been issued. E. The following language 'and/or drawings clarify and/or facil- itate carryingg out the intent of the South Coast Regional Zone Conservation Corn2mission: application, site map, plot plan and approval in concept. II. Whereas, at a public hearing held on May 6, 1974 (date) at Long Beach by a unanimous lbix vote here - (location) b -r approves the application for Permnit Number P-4-2-74-2960 pursuant to the California Coastal Zone Conservation Act oi 1972, subject to the following conditions imposed pursuant to the Public Resources Codes Section 27403: None III. Said terms and conditions shall be perpetual and bind all future owners and possessors of the property or any part thereof unless otherwise specified herein. IV. The grant of this permit is further made subject to the following: A. That this permit shall not become effective until the attached* verification of permit has been returned to the South Coast Regional Conservation Copznission upon which copy all permittees have acknowledged that they have received a copy of the permit and understood its contents. Said acknowled0lient should be returned within ten working days following issuance of this permit. B. That said development is to be commenced on or before 360 days from effective date of approval. V. Therefore, said Permit (Standard, Emnx,��_) No. P -4-2-74-226o is hereby granted for the above described development only, sub- ject to the above conditions and subject to all terms and pro- visions of the Resolution of Approval by the South Coast Regional Conservation Commission. VI. Executed at Long Beach, California on behalf of the South Coast Regional Conservation Commission on May 20 , 1974 M.J. Catltente(/ Executive Director 2474 wk a Cil'i OF NEVIPORT BEACK HA.`�BOR APPUCADoN NO. .d I � ria 8' '(F 3 p Z0 fop 0 �:1111 �Ond p AORO-SPID COM67-AVCTIC'M 0 -4W VICIrVITY 5KETCH NI—I-Pr 5AY CAL olep�h, below �,o� 4o,,, 4.W �o�r,. Ore e3106115h�d Z;l "A;S SeCl,�, 1 611 /.S. L b? C, fit 50' /V� A�ooc 1'.41all -) ri— I 1 1 .4V 23 xv-f Z- 45'aIA6o,�y Z,-7.r/ri0/-p Ale ?,f 77',107- 5,v O'� "".j I I DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES, CALIFORNIA 90053 Public Notice No. 74-77 30 May 1974 YOU ARE INVITED TO COMMENT ON THIS APPLICATION FOR A PERMIT APPLICANT: Robert B. McLain 1415 E. Balboa Boulevard Newport Beach, California ACTIVITY: Proposed construction and installation of a wood seawall (8 feet high by 30 feet long), 45 feet shoreward of the U.S. Bulkhead Line; to remove a portion 4shoreward of proposed seawall) of the existing pier; to join bay - ward portion of tfi-e existing pierwith the seawall; and to conduct work on Lot No. 8, Block No. N and 23, Tract Eastside Addition, Newport Bay, City of Newport Beach, Orange County, California, as shown on the accompanying drawini. PURPOSE AND USE: Beach preservation. FEDERAL, STATE AND LOCAL AUTHORIZATIONS: Approved by the City of Newport Beach; California Regional Water Quality Control Board - Santa Ana Region has no objections; and Application No. P-4-2-74-2960 filed with the California Coastal Zone Commission - South Coast Region. ENVIRONMENTAL IMPACT: Based on information received, it is not anticipated that the activity will require the preparation of an Environmental Impact Statement by this office. PUBLIC HEARING: Any person who has an interest which may be adversely affected by the issuance of a permit may request a public hearing. The request must be submitted in writing to the District Engineer within thirty (30) days of the date of this notice and must clearly set forth the interest which may be affected and the manner in which the interest may be affected by the activity. Activities under Section 103 of the Marine Protection, Re,search and Sanctuaries Act (PL 92-532) and Section 404 of the Federal Water Pollution Control Act (PL 92-500) will be considered in conjunction with this notification. CRITERIA: Your written comments or objections should include the number and date of this notice and must reach this office within thirty (30) calendar days. The decision whether to issue a permit will be based on an evaluation of the probable impact of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the activity must be balanced against its reasonably foreseeable detri- ments. All factors which may be relevant to the activity will be considered; among those are conservation, economics, aesthetics, general environmental concerns, historic values, fish and wildlife values, flood damage prevention, I Public Notice No. 74-77 30 May 1974 APPLICANT: Robert B. McLain land u�se classificationl� navigation, recreation, water supply, water quality, and,. in general, the needs and.welfare of the people. Details. of changed conditions on the final permitaction will be provided upon request. FOR.THE DISTRICT ENGINEER: JAMES Z. METALIOS LTC,, CE Deputy District Engineer I 2 U. S. Corps of Engineers Post Office Box 2711 Los Angeles, California 90053 Attention: Waterways Control Section Subject:: Harbor Permit Application No. Dear Sir; I hereby request a U. S. Corps of Engineers' Permit for the construction and installation of a wood seawall and appurtenances thereto, to be loZ5—atea-in pw)ort Bia , bayward ox Lot No. 8 Block No. N&23 Tract Easts I AddJYion , , Newport Beach, c7a-ITE-ornia. I am Eli-e--o-w'ner of pr—operty, and I have maie application for a Harbor Permit to the City of Newport Beach. The adjoining property owners are: Lot �&10 Block N&23 -.-- I TractEaaj��i_de k(fLditian Frank A. Rhodes Lot , Block N&2 3 TracF-f��-tside 206(7i -t -ion R.J. Brookes 1417 E. Balboa Blvd. 1413 E. Balboa Blvd. Respectfully submitted, Date 11/26/73 - ------ Fnc. Plans dated 11/16/73 3 Sepia Robert B. McLain 7 copies --Naw.ppz± -.Beach.Ca3Jfornia CITY OF NEWPORT BLACH APPROVAL The Harbor and Tidelands Administrator. 0� the ity of ew ort Beach 7' has reviewed Harbor Permit application by 'y , O't ew �e-u. S. Co neers,L7" 11-1i )'c wl -� �Issue and subject to the approval of t rps of harbor Permit No. Da te -:z -,-77- 721- CC,. I /Q Marine SafetV Department MARINE SAFETY DEPARTMENT 70 Newport Pier February 25, 1914 .� ITEM NO.: F-1 TO: MAYOR & CTTY COUNCIL FROM: Marine Safety Department SUBJECT: JOINT HARBOR COMMITTEE RECOMMENDATION; REF. HARBOR PERMiT;REVISION APPLICATIONS FOR THE CONSTRUCTION OF A WOODEN SEAWALL 30 BAYWARD OF VACATED EAST BAY Action If desired, (1) deny the revision permits as applied for or (2) approve the permits subject to the Joint Harbor Committee's recommendation that the proposed bulkhead be built on the bayward most line of Vacated East Bay Avenue with approval for wooden return walls at the F & G Street -ends. Discussion The City Council at their regular meeting on January 28 referred the subject permit revisions to the Joint Harbor Committee for their recommendation. The Joint Harbor Committee met on February*13, 1974, and discussed the attached staff report which was originally prepared for the Council's January 28 meeting. The staff prior to submitting the report to the Joint Harbor Committee "drew" in a second sand berm line representing berm positioning with respect to the proposed bulkhead. This second berm line measurement was taken in accord- ance with Councill's.instructions and represents positioning based on a Public Works survey made on January 29, 1974. The Joint Harbor Committee after reviewing the staff report, quest- ioning of staff an ' d testimony by the applicants recommended that Council not approve the applications as applied for, however, they did recommend that the proposed wooden bulkhead, if built, be con- structed no further bayward than the bayward most line of Vacated East Bay.Avenue,:.with approval for wooden return walls at the F & G Street -ends. Page Two Summarily, the Marine Safety Department has no set recommendati6ns in this matter since it relates strictly to policy. The staff will assist the applicants in processing the permits through the South Coast Regional Zone Conservation Commission and U. S. Army Corps of Engineers in accordance with Council's policy decision on the loca- tion of the proposed bul head. R. E. Reed, Director Marine Safety Departmen I t RER:DH: If Attachments MARINE SAFETY DEPARTMENT 70 Newport Pier TO: CHAIRMAN AN. D MEMBERS OF THE J0114T HARBOR COMMITTEE FROM: MARINE.SAFETY DEPARTMENT SUBJECT: HARBOR -PERMIT APPLICATIONS FOR THE CONSTRUCTION OF A WOODEN SEAWALL 301 BAYWARD OF VACATED EAST BAY AVENUE. BETWEEN F & G STREETS ON THE BALBOA PENINSULA. DISCUSSION: The Newport Beach City Council at their meeting on January 28, reviewe - d the attached Harbof:Permit Application and staff report. The Council referred the Harbor Permit Applications to the Joint Harbor Committee for their review and recommendation. The staff, at the direction of Council,have drawn in a second sand 'berm line' based on the results of a Public Works,survey taken on January 29, 1974.�. The first 'berm line' was measured on December 12, 1973, by the Marine Safety Department staff. The difference between the two 'berm lines' represents beach prograding by homeowners contracting with a small equipment operator who, on an annual or bi-annual basis, pushes sand, at low tide, up in front of the homes to maintain beach frontage. R. E. REED, DIRECTOR MARINE SAFETY DEPARTMENT D. Harshbarger, Captain Marine Safety Department RER: DH: dw 14ARINE SAFETY DEPARTMENT 70 Newport Pier January 28, 1974 TO: MAYOR AND CITY COUNCIL FRDM:. Plarine Safety Department SUBJECT: Harbor Permit Applications for the construction of a wooden seawall 31' bayLaard Vacated ENS� Biay Avenue between T -&(,, s Ei�e:E� O_E ThoefBalboa Pe- I su APPLICA14TS: Prop erty owners; Eastside Addition Tract; Block N & 23. Listed as follows: Mr. R. English, 1401 D. Balboa Blvd., Lot 1;,Mr. G. Stephens, 1405 E. Bal. Blvd., -Lots 3 & 1/2 (4)a Mr. D. McHone, 1409 E. Bal. Blvd.�Lots 1/2 (4) & 5, Mr. C. Peck, 1411 E. Bal. Blvd. -Lot 6; Mr. R. Brookes, 1413 E. Bal. Blvd. -Lot 7; Mr. R. McLain, 1415 E. Bal. Blvd., Lot 8 ; Mr. F. Rhodes, 1417 E. Bal. Blvd. -Lots 9 & 10. Project Description Seven of the eiglit property owners bordering the Bay between F & G Streets on the Easthalboa Peninsula have -applied to the City for harbor permits to allow for the construction of a wooden seawall 301 bayward of "Vacated East Bay Avenue". The wooden seawall is proposed to be built at an elevation of +8 MLLW with 301 walls at the F & G Street -ends. length wooden return Discussion The subject harbor permit application requires City Council approval because the proposed seawall would be constructed 30' bayward of "Vacated East Bay Avenue". The Harbor Permit Policies (Section 16 Bulkheads) was amended by Council in June of 1973. The following paragraph, applicable -to these pending permits states�*. "The Marine Safety Department may issue permits for bulkheads, between U. S. Bulkhead Station Numbers 112-109.not to exceed the bayward side of the 'Vacated East Bay Avenue'. Concrete bulkheads and wooden reLaining wall structures proposed to be constructed bayward of the bayward most line of Vacated East Bay Avenue shall be subject to City Council approval." The applications forlots 1 and 10 bordering F I G Street, street - ends show 301 wood(�!.Ylreturn walls. Because thes"e return walls are Page 2. proposed to be constructed of wood rather than concrete they would also require Council approval to deviate from City Harbor Permit Policies. Section 16 - Bulkheads, paragraph H, of the Harbor Permit Policies address the above and states: "All private bulkheads constructed along street ri 1 -of -way ght lines shall conform to the City Standard Drawings for a concrete bulkhead". The U. S. Bulkhead Li ne is 115' bayward of the zoning setback line for the block between F & G Street. The Property between the front of the homes and the U. S.. Bulkhead Line is owned in fee by the respective homeowners, but any. construction within this zone where the tide may ebb and flow requires a harbor permit. Within the majority of the Harbor, bulkheads,have.been built on the U. S. Bulkhead Line; however, for this area (Between A and K Streets) it has been the City's basic position that bulkheads or retaining wall structures should be held back from the U...S. Bulkhead Line to the bayward side of "Vacated East Bay Avenue" for the following reasons: 1. To preclude the possibility of sand -fill below the line of ordinary high tide. I I I 2. To maintain as much as is possible conformity with respect Lo Section 16, paragraph A of the City's Harbor Permit Policies establishing a quasi bulkhead line. 3. To retain sand sloping beaches, which are energy absorbing versus bulkhead structures which can reflect wave energy. 4. The possible retention of an undefined public easement over a por- tion of private property over which the tide ebbs and flows. NOTE: It is the staff's understanding (reference the First American Title Insurance Company, that rights and easements for Commerce ' Navigation and Fishery is in favor of the public, or the federal, state or municipal government over any portion of the subject property which is submerged. Also, at such time that said submerged lands are filled, in conformance with all applicable permits, to an elevation above the line of ordinary high tide, that the above public easement exception will be thereby eliminated. The attached proposal drawings should warrant special Council attent- ion because these are the first harbor permit applications that repre- sent several homeowners requesting a variance to Council policy. The magnitude of the project could possibly set a precedent for other bayfront property owners within the A to R street zone. The attached summary drawing depicting the F to G street block shows an existing Sand Berm Line plotted by the Marine Safety Department Page 3. staff. This line on an average is approximately 15' landward of the proposed seawall construction. Currently the sand elevation at the berm line isapproximately an +8.5 MLLW. The sand level at the proposed.bulkhead line is approximately a +4.0 MLLW. The zone between.the proposed wall and the current sand berm line will require fill. During recent field inspections of the lower harbor with staff members from the Bureau of Sport Fisheries and Wildlife and the South Coast Regional Zone Conservation Commission, bulkhead construction along sand beaches was discussed. In general, these agencies which review and comment on harbor permit applications for the U. S. Army Corps of Engineers, have held to the position that they are opposed to the continuation of the bulkhead and associated fill process in the lower Newport Bay. It is their analysis that this can retard water circula- tion resulting in the degradation of water quality. Summarily, the applicants are proposing to construct a quasi wooden bulkhead structure 301 bayward of "Vacated East Bay Avenue" with wooden return walls.at the F & G Street -ends. The wooden wall bulkhead, based on staff inspection.,..will require limited landside fill. In conclusion, themarine Safety Department staff has not made a recom- mendation on this'application because of the policy nature of the request. The staff could alter its position on this proposed project if the bulkhead structure was brought back 30' to the bayward most line of Vacated East Bay Avenue. The following alternatives are listed for Council's consideration: 1. Construction of the proposed wooden bulkhead on the Bayward most line of "Vacated East Bay Avenue" (301 landward of the proposed location) with concrete return walls,, 2. Construction of the proposed wooden bulkhead on the Bayward most line of "Vacated East Bay Avenue" with approval for wooden return walls. R. E. REED, DIRECTOR D. Harshbarger, Captain Marine Safety Department DH: GEW: 1 f Attachments CITY OF NEWPORTBEACH HARBOR APPLICATIOW NO.. 4A-) R X 4 40 "T71 5 VIC) PLJ I TY SkETCH N'�POI?r DAY FAL [FORWAL PW01-14 E 14 5'041�dlnqs O'd /vo Isc,1946 &eII below Alco� 40we, 4ow ",I are eliab/'S'Agni rclh;S SCIC/lon Bar. P*N z). - _T Fe Aloao WV,44 __II lu I'll, A I A 4 (5 6 .90 Aaa 7_79-4II ZIAMI AV V '�� J� A I e ZWrAr or F CITY OF NEWPORT BEACH HARBOR APPLICATION NO. fop 540 �y. Y. 2 vo SC411'r --7FT7- Tj ' i5p%g 0"' '14 a0z S"Ve. - ce"-y 41 VIC)"ITY SkETCH �'�pomr E3�AY � CAL IP�At4(A 01, VAPICSSI& 11 IreO 1,& ' ..... lwco� Z,w pp ,,, /0 cjiob/'She.� ',, /A's secl'o' OrA . ewpo", 7 e 4b), L44: - S—'e ? "r;v z it 30 ,Vclw A/a t .4vifflocT —T— -T -7 '9 ,z-. 5��xl6oa tp .1 A�Jeere7 -C'.' eal6ocy &/Vc/ 401cl. 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