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Home My WebLink AboutM2005-0073o HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions May 4, 2005 Property Address: 1417E.BayAve. 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 r)ier is under the r)urview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not reauire a Dermit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. Your side property lines extend in the water along their same bearing. The westernmost property line extends exactly parallel to the easternmost property line. 6. A vessel may not extend beyond the end of the fingers by more than the width of its beam. 7. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the float is 32'. 8. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the float is 5'. ; '� mly C7 // -� /0 �- uate Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date SEP -13-2005 15',41 FROM:SWIFTSLIPDOCK.COM May 4, 2005 (949) 631-312P TO:7230589 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions Property A ddress: 1417 E. Bay Ave. F.I. 5 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 reauire a permit, 3. the conditions set forth in this document pertain to the current, proposed dock system under consideration. Anyfuture modifications or alterations to the dock system may require now conditions which may override or change these conditions. These conditions supersede all past conditions associated with this. property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc—are not permitted. 5. Your side property lines extend in the water along their same bearing. The westerrirnost property line extends exactly parallel to the easternmost property line. 6, A vessel may not extend beyond the end of the fingers by more than the width of its beam. 7, The maximum beam of a vessel that is permitted to side tie to the westernmost aide of the float is 32'. 8. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the float is 5'. Joint Pier Applicant Si�nature (if applicable) Print Name Date .,60 Z' NO EEL GRAS� 5 C! EEL GRASS IN THE PRbJE�rR'E0A A It' i c; q -(Y r) --PERMIT# DATE 1,1711�7 �eA ,14 j"J., &AY wco/e A,—, " cee t> 14:� � 3 -12 �"111 011,1�'Xi 1�71.1/,>' 'e e v L �7 G�4 U �g - - - :ic, — — :�;_c - -Flo SCT 3 �6_ 6 7 3v /Z:� P��b /c--3 400esss 3v is' P��b _Z' ze &,ecy- ��! qVI � I .7� HARBOR RES HOES DIV CITY OF NEWPORT BEACH T2014w,v HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions May 4, 2005 Property Address: 1417 E. Bay Ave. 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 r)ier is under the Durview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not reauire a r)ermit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. Your side property lines extend in the water along their same bearing. The westernmost property line extends exactly parallel to the easternmost property line. 6. A vessel may not extend beyond the end of the fingers by more than the width of its beam. 7. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the float is 32'. 8. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the float is 5'. 6t by 1'� mt 67 //-� �0 �- Chris Miller, Harbor Resources Supervisor Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date SEP -13-2005 15:43. FRMSWIFTSUPDOCK.COM May4,2DD5 (949) 631-31R2 TO:=0589 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions Property Address: 1417E.BayAve. 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 Dler is under the Durview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not reouire a oermit. 3. the conditions set forth in this document pertain to the current, proposed dock system under consideration, Any future modifications or alterations to the dock system may require now conditions which may override or change these conditions. These conditions supersede all past conditions associated with this. property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc. ..are not permitted. 5. Your side property lines extend in the water along their same bearing. The westemmost property line extends exactly parallel to the easternmost property line. 6, A vessel may not extend beyond the end of the fingers by more than the width of its beam. 7, The maximum beam of a vessel that is permitted to side tie to the westernmost side of the float is 32'. 8. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the float is 5'. Print Name AA-,r-/%r-4.oUate' Joint Pier Applicant Signature (if applicable) Print Name Date Q, 7-"�� =,C- Nr-�,,COAV7� 4' .4 NO EEL GRASS WITHIN 0 EEL GRASS IN THE PRt q - (yo PERMIT# DATE ML L a (D /0' ll�-117 jo C-1 er-, lo 12 lat'l -f (;Ice le 6;lze' v I 12-e.A,e6r— CX 32� 1 H Is 4 1 ll�x Tic 2 �6- 7 C -A 4�' r 5 C.1.4,-rRA c 7-C �a .4t e,— 7� 'Zl HARBOR RES HOES DIV, CITY OF NEWPORT BEACH 4- 7-45'/-p 2, 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 and reFlace —floating dock and (3) 12" concrete pile like for like. Re -deck existing gangway and pier. Address number must be stenciled on at least I bayward facing pile. Pier conditions must be signed by applicant prior to final approval. jProperty Address: 1417 E. Bay Ave. I ILegal Description: I lHarbor Permit Number: 109-1417 —1 IPlan Check Number: 1111-2005 1 V—p—pric—an—f-7ane Knocles 1 Applicant's Mailing Address: 1417 E. Bay Ave, Newport Beach, CA 92661 1 1 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 XThey comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and anv applicable specific or precise plans or, ci 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 nlans. 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 chanae is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached conditions to the vier permit. Tom Rossmiller, Manager, Harbor Resources Chris Miller, Harbor Resources Supervisor 4.2005 vvorKSneet Tor building Fierm Drawing Pier Conditions Page 2 of 2 WORKSHEET FOR BUILDING i FIRE PERMIT APPLICATION CITY OF NEWPORT BEACH BUILDING DEPARTMENT PLEASE PRINT OR TYPE 1. PROJECT ADDRESS (NOT MAILING ADDRESS) (q( 7 -- I 64v ecpl�'�C- OWNER'S ADDRESS / Y(7 FLOOR SUITE NO. LEGAL DESCRIPTION LOT BLOCK TRACT ONE NO. No, UNITS LIC. NO. AR CH I TIECTI "DESIGNER'S AD DRESS ITECT/DESIGNERS E -F fflu SS CITY STATE ZIP 5. ENGINEER'S NAME Fl ST( CITY0"m 3'-e� 2. DESCRIPTION OF WORK A�: t;�,e 6 I'le c. Age '0'reev'- USE # OF STORIES C?�VALUATION $ SQ FT (NEW/ADDED/EXTG) STATE ZIP PH NE NO. NEW)( ADD 0 ALTER E] DEMO 0 Check Appropriate Box for Applicant F -i 3. OWNER'S NAME �AS FIRS - ll� 1,17 de j �4-0 e OWNER'S ADDRESS / Y(7 R'S E-MAIL ADDRESS bT STA�5 ZIP ONE NO. F� 4. ARCHITECT/DES)GNER'S NAME LAST FIRST LIC. NO. AR CH I TIECTI "DESIGNER'S AD DRESS ITECT/DESIGNERS E -F fflu SS CITY STATE ZIP 5. ENGINEER'S NAME Fl ST( CITY0"m 3'-e� ENGINEER'S ADDRESS ou ENG ENUlNEI,-K'6 m -MAIL ADDRESS STATE ZIP PH NE NO. E] 6. CONfRAi�rp:R'S NPIM BM/S(S STA TE LIC. No7? ?Af -,Iass?q—, ,,,CON!r!TR'SAD C) iCONTRACTOR'S E -MAILADDRESS STATE ZIP ? PHO"O. b OFFICEUSE RTY PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. VC)O_C� PLANCHECKFEE$ OCCUPANCY - GROUP ===m PLAN CHECK ENG. Date: Inspection Requested By: Inspector: Pier Address: Pier Transfer INSPECTION FORM Harbor Resources Department 0 Don Duffy )V 1-7 6-- , L�u 16 ou 9 1 J ( L-::� - 1&7 /-) `C, ) Reinspection GFI Present Yes Need None Needed Yes Need Anti -Siphon I Backflow Present Pump Out Pier Location Yes N.o Operational Recommended Action . Enc,roachmenet I Address of �omplaining Party Boat Description -CF.Number Location on Dock Comments / Observations Other Request -F7 ..:7 ST-pf'_ C2 d6 FIN> Av, 0 % q%w C5* 0 STATE OF CALIFORNIA —THE RESOURCES AGENCY IA COASTAL COMMISSION SOUTH COAST DISTRICT PO Box 1450 200 Oceangate, 1 Oth Floor LONG BEACH, CA 90802-4416 www.coastal.ca.gov Date: August 11, 2005 Permit No. 6-05-182 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on July 21, 2006 and was reported to the Commission on—Tuesday, August 9,2005 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely, PETER M. DOUGLAS Executive Director By: LAURINDA OWENS Coastal Program Analyst t& CALIFORNIA COASTAL COMMISSION Governor 1h, �4 _-'71122 `�P STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. 5-05-182 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 Date: July 21, 2005 (562) 590-5071 Page 1 of 6 Tue 4d ADMINISTRATIVE PERMIT APPLICANTS: . Marjorie S. Rhodes, LLC PROJECT ' DESCRIPTION: Remove and replace existing "U" -shaped floating dock system with same including: two fingers (4' x 38'), 5'x 15' backwalk, three 12" concrete pilings including re -decking of existing gangway and pier with Douglas Fir and Trex composite materials. PROJECT LOCATION: 1417 E. Bay Avenue, 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, August 9, 2005 10:00 a.m. The Westin South Coast Plaza 686 Anton Boulevard Costa Mesa, CA IMPORTANT - Before you may proceed with development, the following must occur7 Pursuant to 14 Cal. Admin, Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. PETER DOUGLAS Executive Director By: Laurinda R. Owens Title: Coastal Program Analyst 5 -05 -182 -[Rhodes] 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 permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages four to six. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Prolect Descriotion The subject s4e is located at 1417 E. Bay Avenue in the City of Newport Beach (Exhibits #1-2). Single- family residences characterize the subject site and the surrounding area. The proposed project (Exhibit #3) involves the removal and replacement of an existing "U" -shaped floating dock system with same including: two fingers (4'x 38'), 5' x 15' backwalk, three 12" concrete pilings and re -decking of existing gangway and pier with Douglas Fir and Trex composite materials. The dock project will be used for boating related purposes to serve a single-family residential development. The site has been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 feet of the project area. Public access is available STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. 5-05-182 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 Date: July 21, 2005 (562) 590-5071 Page 1 of 6 Tue 4d ADMINISTRATIVE PERMIT APPLICANTS: Marjorie S. Rhodes, LLC PROJECT DESCRIPTIOW Remove and replace existing "U" -shaped floating dock system with same including: two fingers (4' x 38'), 5' x 15' backwalk, three 12" concrete pilings including re -decking of existing gangway and pier with Douglas Fir and Trex composite materials. PROJECT LOCATION: 1417 E. Bay Avenue, 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 30U4 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,August9,2005 10:00 a.m. The Westin South Coast Plaza 686 Anton Boulevard Costa Mesa, CA IMPORTANT - Before you may Proceed with development, the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. PETER DOUGLAS Executive Director By: Laurinda R. Owens Title: Coastal Prooram Analyst 5 -05 -182 -[Rhodes] 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 pernnittee 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. 41 Assicinment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages four to six. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Proiect Descriation The subject site is located at 1417 E. Bay Avenue in the City of Newport Beach (Exhibits #1-2). Single- family residences characterize the subject site and the surrounding area. The proposed project (Exhibit #3) involves the removal and replacement of an existing "U" -shaped floating dock system with same including: two fingers (4' x 38'), 5'x 15' backwalk, three 12" concrete pilings and re -decking of existing gangway and pier with Douglas Fir and Trex composite materials, The dock project will be used for boating related purposes to serve a single-family residential development. The site has been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 feet of the project area. Public access is available 5 -05 -182 -[Rhodes] Administrative Permit Page 3 of 6 along an existing walkway/bikeway/accessway on Balboa Blvd., half a block south of the project site and direct public access to the beach is located approximately one -and -a -half blocks southwest of the project site along Ocean Front where there is another existing walkway/bikeway/accessway adjacent to the beach. The.proposed project has received an approval in concept from the City of Newport Beach Harbor Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicants have applied for a permit from the U.S. Army Corps of Engineers. B. Marine Resources The proposed recreational boat dock development and its associated structu; a� 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 Quallt The proposed work will be occurring on, within, and adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where It could be discharged into coastal waters -would result in an adverse effect on the marine environment, To reduce the potential for construction re ted impacts on water quality, the Executive Director imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Executive Director requires the continued use and maintenance of post construction BMPs. As conditioned, the Executive Director finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. Local Coastal Prourarn The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on January 9, 1990. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the City of Newport Beach to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. California Environmental Qualitv Act (CEQA As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Executive Director finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and is consistent with the requirements of the Coastal Act to conform to CEQA. 5 -05 -182 -[Rhodes] Administrative Permit Page 4 of 6 SPECIAL CONDITIONS: Water Qualit A. Construction Responsibilities and Debris Removal (1) No construction materials, equipment, debris, or waste will be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion. (2) Any and all construclion material will be removed from the site within 10 days of completion of constru�,tion. (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 boorns 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-watertop-side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. b. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate - free and biodegradable shall be used, and the amounts used minimized. c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: a. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will 5 -05 -182 -[Rhodes] Administrative Permit Page 5 of 6 bedisposed of in a proper manner and will not at any time be disposed of in the water or gutter. (3) Petroleum Control Management Measures: a. Oil absorbent materials shall be examined at least once a year and replaced as necessary. The applicant will recycle the materials, if possible, or dispose of them in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. Boaters will use preventive engine maintenance, oil absorbents, bilge pump -out services, or steam cleaning services as much as possible to clean oily bilge areas. Bilges shall be cleaned and maintained. Detergents will not be used for cleaning. The use of soaps that can be discharged by bilge pumps is prohibited. 2. Eelgrass SurveV A. Pro Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adoptA by the National Marine Fisheries Service and shall be prepared in consultation with thd�California Department of Fish and Game. The applicant shall submit the eelgras�p_ survey.. for the review and approval of the Executive Director within five (5) busines's days of completio6� o'f each eelgrass survey and in any event no later than fifteen,(.1 5) business days prior to commencement of any development. If the eelgrass survey_ entifi6s any eelgras-$' within the project area, which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 11.21 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy; All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 11.21 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 5 -05 -182 -[Rhodes] Administrative Permit Page 6 of 6 Pro -construction Caulerpa 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. The survey protocol shall be prepared in consultation with 'he Regional Water Quality Control Board, the California Department of Fish and Gz.,;ie, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043). D. If Caulerpa taxifolie is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all C. taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions, Applicants' Signature Date of Signing G:\Admin. Permits\2005\2005-08\5-05-182 (Rhodes) NB Dock LO.doc - - - ------- - RECEIVED Sdufk Cocist Region M0 1 2 2005 CNLIFORNIA COASTAL COMMISSION ---------- - - - - - - - - - - - - - - ORANGE CO. 04) A COASTAL COMMISSION EXHIBIT # I PAGE I OF I C�j RECEIVED South Coast Region mt MAY 1 2 C �LJFORNIA Acaj4 a)l C4 71 LU 'IF 0,1 0 cz� Qz LLj .1 N, ----------- j .z 33Y.L 6 LQ 11 Z4 0 N �U c� RECEIVED South Coast Region MAY 1 2 C �LJFORNIA Acaj4 a)l 0 N �U c� COASTAL COMMISSION EXHIBIT # PAGE I OF C4 71 LU COASTAL COMMISSION EXHIBIT # PAGE I OF to q -1� 1 ?-.'Io — ISERMIT # DATE VICINJITY -5KETCH Nxw"� SAy Ore c a bl�,,Jhwol j;v 7,/P; s Iy- al �*le C;ge L) 7- C,=' IV&7A�CO,477— 4/— 32.1 bl lsj+� L/77L�y; EEL GRAS4 IN AT" T NO EEL GRASS WIfHIN J-1 I I I 1-�— PROJ REA EEL GRASS IN THE PROJE 1 .11 17 F G �s to q -1� 1 ?-.'Io — ISERMIT # DATE VICINJITY -5KETCH Nxw"� SAy Ore c a bl�,,Jhwol j;v 7,/P; s Iy- al �*le C;ge L) !P.VL/c-.4A-/7-5 AZ4(W 7- q�� EXHIBIT # PAGE I OF I Alaoze55 17-1 32.1 bl lsj+� 41 AT" J-1 I I I 1-�— 17 F :—,,astalC� amisslon -Listrict I I Qffice j,Elo iVED 6 ft",WrJ4 P i t r ' _tl, (:Qo aLjja I Oil / MA1 1 2 2005 9-A IQ HARBOR RES FICES I P9,11 ------ --------------- e12 Loog 0 COASTAL 51 F (5R- COMMISS'TN CITY OF NEW, ORT BEA -3c 5 3a 7 47 COASTAL COMMISSION !P.VL/c-.4A-/7-5 AZ4(W 7- q�� EXHIBIT # PAGE I OF I Alaoze55 17-1 .-60 ;P—( NO EEL GRASS WITHIN 0 EELGRASSINTHEPW 3 - 1, Ice ,-e (;Ize , /0. 11-1117 C, 's VICI�J17Y -5KETCH 54y, CAZIArCANIA I eep � -4 4y, /ow, Zow ra"Fe /0��04. C're dafcbll5h�d /.;I "A; 1 5 . Jecy,,.� ��,: j oastal C nmission I i J,:�l Urmst District f Cpffice E r7 M� el 1o5 Dato: --------------------- C coAST, 3C 5 V 30 3 6 7 31, Ice, Pei I IJVED �n 1. 2 2005 HARBOR RE ROES 01\ UlF(5R-9FA S4 L ComMISSITN CITY OF NEWPORT BEAC 4, �23 T-��- q-� ?- --o: FROM:SWIFTSLIPDOCK.COM C949) 631-3122 TO:7230589 P.4 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 20063-2326 June 17,2005 REPLY TO ATTENTION40P Office of the Chief Regulatory Branch Susan Rhodes-Matijasevic c/o Swift Slip Dock & Pier Builders Attention: B6th Swift, Permit Coordinator 2027Placenda Avenue Costa Mesa, California 92627-3405 Dear Ms. Rhodes-Matijasevic: Reference is made to your request of May 10, 2005 (File No. 200501363-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 replace and existing U-shaped boat dock, like -for -like, bayward of 1417 E. Bay Avenue, within Newport Bay, in the City of Newport Beach, Orange County, California 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 this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions, One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre -add . ressed envelope is enclosed), in addition, please use the two attached po stcards 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. PERMTrME Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch DATE SEP- 13-2005!:15"1 14JI FROM: SWIFTSLIPDOCK. COM C949) 631-3122 TO:7230589 P.6 rnia Regional Water Quality Control Board Santa Ana Region Alan C. Lloyd, MD. 3737 Main Street, Suite 500, Riverside, California 92501-3348 Arnold Schwarwneggor A . gency secrelivy Phone (951) 7a2-4130 - FAX (4)51) 791-6299 Goverwar http://www.waterboards.ca.Upy/santouna May, 16,2005 Beth S.Vnf.t . . Swift. Slip'. Dock and Pier Builders, Inc, 2027 Placentia Avenue Costa Mesa, CA 92627 PROPOSED REBUILDING OF BOAT DOCK, SUSAN RHODE$ MATIJASEVIC, 1417 E. Dear Ms. Swift4. If standard dock construction methods and materials are utilized, this project should not adversely impact water quality. A statement has been submitted that ther e will be no waste discharged from the proposed project. Based on these assurances, clearance is provided. However, should the Army Corps of Engineers determine that this project requires a Section 404 permit, it will be necessary for the project proponent to obtain from this Board a Water Quality Certification under Section 401 of the Clean Water Act. Should you have any questions, please contact me at (951) 782-3288. J.,Shami Water Resources Control Engineer cc: California Coastal Conu-nission, Long Beach Army Corps of Engineers — Erik Larsen County of Orange, County Property Permits Division — Patricia Bigger JISIblutaS249let California EnvironinentalProtection Agency Recycled Paper DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS 300 NORTH LOS ANGELES STREET LOS ANGELES, CALIFORNIA 90012 REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch Mr. Tony Melurn Tidelands Adn-dnistrator City of Newport Beach P.O. Box 1768 Newport Beach, California 92658-8915 Jutie 28, 1995) SUBJECT: NOTICE TO PROCEED (No. 95 -00381 -BH) Dear Mr. Melum: Reference is made to your letter dated May 17, 1994 in which you submitted on behalf of Mr. Frank Rhodes at 1415 to 1500 East Bay Avenue, a notification for the maintenance dredging of 120 cubic yards of sand and silt material by hydraulic suction and disposal of the dredged material to an adjacent beach reclamation area. Based on the furriished information, we have determined that the proposed maintenance dredging activity complies with the terms and conditions of Permit No. 89 -211 - GS provided that Mr. Rhodes' contractor does not exceed the maximum dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW. If you have any questions, please contact Bruce Henderson at (213) 894-0351. Sincerely, Enclosure(s) NAME APPROVED BY: DATE OCHD F EZIP COLUICIL PUBLIC WORKS F DEPT. ESCROW INSPECTION F] F I SPECIAL CONDITIONS: OF PROPOSED FACILIT PERMIT 0 1 �7 ;?— . / / MlAol TELEPHON. APPLICATION IS HEREBY MAXIFOR A HARSCIP PERMIT TO D 1.0 - AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING BY ZO-5 COMPANY DATED DATE CITY OF NEWPORT BEACH, CALIF. WX FORM 58�1010 - So Jl- f Alt�l 77 e X=aj C*., Vlcl�jj7y SkETCH NMWI"� DAY, C.ALJArOA"4A - - F 70 6 '12� lAc7L1c-,4A-17-5 IV,4(-.�l J,a, 4ageessZ2 . - Z,l 7__.,� S'a V�7 &I ^ once C/�'2rce ,y,p 0,4 s 4awa-P 4aw Wbr�d-m Woxi�� ' I Z' L I t e- DRed I I 4z 7; C-) Fa 7 -k Z. T � 6 1 5 1 /61 4. a) 0) 'M RMIT NO. Zd� DREDGING APPLICATION Project Location: Cubic Yards to be Dredged: Z_ac) I Method of Dredging: !bL�jaulic suction Nature of Dredged Material:—Sand / silt Disposition of Dredged Material; Sand replenishment for existing bay beaches Method of Material Disposition: Pipeline transport to beach restoration site Turbidity Control Method: -Reduced dischEj�elo�city, Effect of dredging on contiguous bulkheading and beaches Restores sand to depleted beaches Sand fill reinforces and protects existing bulkheads. if Mark Sites hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. Z IN�4 L kApplicant-type name) (Date) Intracoastal Dredging (Contrac -type name) Signed: Contraciffbr 'I's Representative DREDGING APPLICATION PERMIT NO. 109-1401-1417 Project Location: 1401-1417 E. Balboa Blvd. Cubic Yards to be Dredged: 170 cubic yards Method of Dredging: tractor w/blade will push sand Nature of Dredged Material: sand Disposition of Dredged material: placement behind seawall & against seawall Method of Material Disposition: pushing sand to desired location by tractor with blade Turbidity Control Method: work will be done at low tide above the water line Effect of dredging on contiguous bulkheading and beaches there is no contiguous bulkheading. No affect on contiguous beaches. Frank odes hereby state that I have read the U. S. Army (pript name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. See Below Owner -Contractor (Applicant -type name) (Contractor -Type �name) (Date) R. English R. J. Brooks G. Stephens R. McLain D. McHone F. Rhodes C. L. Peck Signed: Contract s Frank Rhodes Representative mp!:-j IT NO. DREDGING APPLTCATZON ?ro-,;ect Location: 1417 E. Balboa Blvd. -ubia Yards to be Dredged: 110 Method of Dredging: FL;:,j-jjTjjj� qjIn*j Nature of Dredged Material, Disposition of Dredged Material: tn le ach reclamation Method of Material Disposition: n_e trams-cort Control Method, �ect Of dredging On ccntigl-'Ous bulkheadirg and beaches ReirifOrce/mrotect bulkhead-res,tore sand to enjeted beach hereby state that : have read -he U. -. r- Zj cor=s Of Engineers permit for maintenance dredging �n New-co�� Har-cz/ City Of NewPOrt Beach and Orange Ccun'tv Hazbcrs,Beaches and Pl-azks ojst-i-� (if amml-icable) permit for naintenance dredging and th., ac-en� the Pro'visions therein. Addi t4 onally I guarantee that the proposed dredgia-a will not occur because of any altering of existing use of the affected zone. Frank Rhodes (Applicant -type name) 1/24/92 (Date) Signed: C . h Att 2 a t- Xor I &s Representative 7- A) 4'. I ItA -S� i 7-a VICINJITY SkETCH N4W"Mr &AY, CAZIPrOaMiA le) 5i -l- V-/ ,T0L/-'7C'j^qS 00d eA�00CSSed /" "ee'/ b�e C'O"a�e &,,a �A'7 below A -foo? Low?, 4ow W016&�. 'Wort�" ro�,?e 0?�' 1414FeF4- ��e6O� are d S�c 61e 5-hv& A�v "A; 3 , .5,ecbC4 4 7,7 e. Zt. I Ji. I — . . i ; � r -- I .. a CT A14Af ZJ7--z� Fo 7? —3 T Nj 5 1 /c, 0,4r,e CIT" 'f, '4. " 'IF j1XV, Ats &an, x - A �. u '; w: I lookfoloslopf Is HERRHY IRRAWED Th a."ON A It P.� MAINTAIN Ty sp� �. "� "-m *0 AT T W E S Vn,. V I., -a 's I. 'I� f i2.'."�F T 0 '1 R" THU HARBOR PTAIVT yuj,&A AV Nd=Rt ULATI Afd;'� ANY SPECAAL CoNumom 7,6W.; Is Mhwumvcu Www'myor T�AF ctTy LH4 CiTy UW40L. '"N." WIQHTS SWEM TMTEP�! AU;.". OWLT AND TWIS PQ��'.Xiff idly W RAWAID By VHM GH'Y COUNOL IN ACCOROAMIQ." W�',.TH �7 TAM 1WUNICMAL CODE. PEI'MIT To OR4M,G": PONImma e - >s---�� PLACEooms,�j,CH_____//e2 44 PERMIT NO. /0 9- 1 �,el -7 DREDGING APPLICATION Project Location:— 1412 Z. _Rq]Lo@ LI�Ld. Cubic Yards to be Dredged: 110 Method of Dredging: ad..,,11, g11t_j!jnn Nature of Dredged Material; qg7ld /q i I t., Disposition of Dredged material: t"ansport tQ beach reclamation Method of material Disposition: pipe line transrort T,,=biditv Control Method: Redlir'a Effect of dredging on contiguous bulkheading and beaches Rein.forcezrrotect bulkhead -restore sand to derleted beagh mar hereby state that I have read the U. S. Army �5h__Sfftnke) -or=s of En gineers permit --Or maintenance dredging in Newport Harbor, *he City of Newport Beach and Orange County Ha.-bors,Beaches and Parks District (if applicable) permit -for maintenance dredging and that I acc�_pi: all the provisions therein. Additionally I guarantee that the proposed dredginc willnot occur because of any altering of existing use of the affected zone. Frank Rhodes Mpplicant-type name) 1/5/87 (Date i'cl�on%'r_aftft®r�a:d��t) Si gned: ContractoPs Representative Ic ;g.tvu,.I L//b ,,� A m cll� 30-1. .1= , 11, a - - x LI " Ce. VICINJITY 57kZTrC H N&-00gr SAY, CAItXOAMiA Jerry 6,041,nolings are C'#Pl'hs below A-fec'? 1.4we, ZOW woee, Woxl�� pa"ge, C.4" Ho" 1,10 -hoe /,;Ics bh'sh,m 0( /�, ?,A; scrcjAlq� olrvs W ~,t 'sar. Y�O ea 74 if DO j#AI 17, 1 L -4-4 I -e4 IL- _"q 7Z p9v ell e —3 CT 41 .. 1) a4lir OA C'4z,F dITY OF NEWPORT BEACH HARBOR PERMIT PEFIMISSION IS jg,,Roa-y a"Awrro TO CONSTRU�!T AND E�c Hr OF, 2 ME MAINTAIN FAM!TY !M'GleITF-1 C)"l AT THE SM�- To "G"�ONS OF THE HARalon p1rillmHIT ms, BEACH AME ANY SPWA.L �sy ' �'D TEIS VERmir IS. NOT VVTN��';T "Mx. j7,'�jp4CiL. TM IN TIM. CUY L) ON G,,VF.W TU N I. AND TM5 PYTIMIT f�!AY "� V" C�Ty Cotj Cl - r ��AL CODE - IN ACCORDANCE W�TfA TZn.E it 1 4. , t mut"; T lf� CITY �Yl -7 F-rRMIT NO. SPF.CIAL COTIMITSONS: Cr ,rp,p rA Enkforeev.s Permlt arLinge, cou rillit Other 44 4EI PERMIT ISSUED SUBJECT TO DRE CE MATERIAL BEING HAULED TO SEA PLACED ON BEACH (10 � T3 ( - -z- 5-- 8-'�5 '7 Project Location; DREDGING APPLICATION 1417 East Balboa Blvd Cubic Yards to be Dredged: 185 Method of Dredging: Hydraulic Suction Nature of Dredged Material; Sand/Silt PERMIT NO. Disposition of Dredged material: Place material on adjacent beach. .Method of Material Disposition:- Pump through discharge pipe to disposal f ill area Turbidity Control Method: Filter screen around discharge site. I Effect of dredging on contiguous bulkheading and beaches Will restore depleted beach and reinforce bulkhead. L. Harris hereby state that I have read the U. S. Army (p r i n t --mim-e) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. 'Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. Frank Rhodes DAPP1 i can t- type name -)--- 3/4/86 (Date) Newport Dredging Co. (Contractor -type name) Signed: Contractor fs Representative Cl r r Nfw,=oAvr eff.4cw r -&led < A 70 Ald, lk cl, VICIMITY SKETCH r j#rTy Nawpopr I C." SA Y, CAL IFORM(A u Jerry MUG ",aecssad /0 racy' a�ce awn0yed, Z,4,lqw A�Cap? ZaW,, IOW WCpofe, Mail� PO.XJIVFO 'Yorhop /,ng,5 are lih;s .1sllcZip" Oyrrvew~'d Bar, ................ .. �vo I Ll - /01 L-A �5�, X? L4 PpL1c,4A-,7-s-.&gl&zd Al- 7 5 2�' 7e.4C7- XYw;', Aoozess 11117 Z�,57 �P, CvAlrRA c rom L52=1PAre- Z1271?d CITY OF NEWPORT BtAdk HAR BOR PERMIT P'SRT'""'ZOM 'r' WERE -By IRMNTAIN THF FACILI-y - AT HSPEOF. THE SITF WDICATF:D, yo jtpoV�SIONS THE RARSOn PE9kW,;T PUUCI'�� OF NEWPG�XT ANY SPECiAL Tjjj5 PVR�'7�,� IS NOT TRAN5FERjBLL .1 , THE CiTY RARROR COOL.'()� cc," RIGHTS C.?Vr�jsf pM-: v.�' Fi AND 'r`I49S f"4:RWAIT MAY '"iv IN ACCOR�Wl(�E %WTH T."M.E: ��7 9 xe. C. /o 7 7 SPECIAL COFPS Of EqbftceErea Penrit Orange Coanty pt��ryjgt Other /V yt�re '�) /5, -7 PERMIT ISSUED SUBJECT TO DREDGE, MATERIAL OEING HAULEDTOSEA.--. -1 PLACED ON BEACFi---../g,) Cl 7-),.- no. Nw-, - 7 7 snz 'k, hl� ZO 6 S 1 n5 ed". VICIMITY SkETCH Pogrr SAY, CA41FOORNIA 0'O,-I'h5 below �F�on 4awe, 4aw W"d". '/;7 ore &ZjCh1e',qhffa' .1h;S �t 7Z,. tl� 1- �T: T Z) L41 T.- jl� if n e - ) I I , lz� 0 ee) UL —!;CT TO —730 C.) 7 5 9 IC) 01 ev 7-'1? 1 6 /Z/F 2,3 7 -RA C CoAlr)VA C rO �C IA'7�m 3/31/86 .Permit originally issued to Newport' Dredging dredging,,however, so permit transferred. Sites (IntraCoastal) did the CITY OF NEWPORT BEACH DEMAND FOR PAYMENT Demand of:— Newport Dredging Address: PO Box 2025 Newport Beach, CA 92660 In the amount of $ $165.00 3/31/86 ITEM OF EXPENDITURE BUDGET # AMOUNT Refund of payment for dredging ermit. Permit fee 23-44040. $165.00 LV2s__p iqtwice. Permit 109-1417, Frank Rhodes. Approved For Payment: TOTAL $165.00 Audited and Approved: k, Finan or / )'t -- ORZOGING APPLICAT:ON Project Location: 1417 E. Balboa Blvd. �,Llzic Yards to be Dredged: 185 Method of Dredging: E7dr%I1111g, Nature of Dredged Material.: Disposition of Dredged Material: heach reclamation Method of Material Dismosit4on: pite, 4 ng trans,cort T*,=bid4 tV Control Method: -�-ct of dzedging on contiguous bulkheading and beaches hereby state that 1 have read the U, �;H.ftttna-9me) �or=s or, Engineers --Or maintenance dradaing 4 a Iewzo�t HaZI-cr, LI C-4ty of Newrort, Beach and orange County Hazbcrs,Beaches —d Pa--ks 04-sz--iCt (if a==1-4cable) per.-U� for maintenance dredging and that --, ac --em- a" the provisions therein. Additionally I guarantee 'that t�,e =Zonosad d=edgina will act occur because of any altering of exis-"ng use 0� the a!factsd zone. Rhodes pilcant-cvize name) Y,=e name) 3/17/86 (Date) Contractor 1:3 I Re" . JrSs -tat4ve Cl 7-)-- cow- 0014liwi, Y, 117 1 MLLU.). Ll 0- ce. 19 VICIMITY SkETCH . lsmrl I 5104/17cings are ex'o,"S", I" CiO&O'ee 0*0 "1, z be/ow 'Wea,7 lawer Zow k/av�&, P="17t? 0,0,0�wy., "o H0^60, Ore vx� 7 41 74 ZZ, ri e - S Ae .23 -Z J jl� �CT 30 vx� 7 41 74 ZZ, ri e - S Ae .23 -Z �CT 30 6 7 6 9 vx� 7 41 74 ZZ, ri e - S Ae .23 CALIFORNIA MARINE DEPARTMENT January 14, 1975 /07-MI/7 City Hall 3300 W, Newport Blvd. Area Code 714 673-zi 10 English, 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 qpr 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 questionsp 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 referyou to his office, since the material has already been placed, taking the situation from local control. Again, if any further 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 C7, R. E. Reed, Director RER: lf 2410 Newport Boulevard Newport Beach, CaW. 9266D GENERAL ENGINEERING CONTRACTORS Contractors License No. 258975A Phone (714) 673-1960 Exblanation of Dredaed Material FLOATS AND B-ULK11k.'."DS PIERS, PILE DRIVING, ETC. !Material will be dredgdd from the Bay and placed directly behin d the new seawall. Material to be dredged is minimal and is only required to replace sand lost during the setting of the new wall. I low 7% Dz- .' I P.17,��z��i,.,�'i�ii�i"".��illy 03F ar -gymn"A v 20 Ago, 1971',. &Cn....struct and install a wood 6eawall (8 f ag higa by 10 f aw loug), 55 feet shoreward of the U. S. luMind Liao; to romova a portim'' Qlovawaro of proposed seawall) of Ma aviating pier aul juin bayward porrim! A one axisting piar with I the seawall in Awport Bay (Pacific Mean) 9 w:'.d 10, Block A mad 23, Tracy Aastsida Additiau, City of Zewpor,: W.3 SEEN WSUED TO An. Frauk A. Rhodw Ojq 20 Wqu= 190 1417 K. Balboa Boulevara jewpozo Beach, California 92661 FWAIT NUMBER 74-A --- V - ----- THIS NOTICE MUST BE CURIOUSLY DOLIAY.E5 llff 0."', �"Wl- LOS ANGELES 0;- P. 0. soX 2711 LOS ANCELES, CALIFOPNIA SOOSS SPLC04N hr. Frank A. Rhodes 1417 E. Balboa Boulevard Newport Beach, California 92661 Down Mr. Rhodes: 20 August 1974 Your permit, dated 20 August 1974 (74-71), has been validated and is inclose!. Notice of Authorization and copies of forms for reporting tAe status of work are also inclosed. 3 incl 1. Permit 2. Notice of Authorization 3. fork Status (du?e) I - - -- -P ' e- Sincerely yours, 126 JOLN V. IOTLEY CE District Engineer Applicotion No. 74,71 U. S. Army Engi,:,eer District, Los Angeles t Corps of Engineers Nana of Applican Mr. Frank A, Rhodes Effective Date___Z0_A,,,,E�. Los Angeles, California Expiration Date DEPARTMENT OF THE ARMY PERMIT Referring to written request dated 26 November 1973 for a permit to: ( 4 Perform work in or affecting navigable 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., T-47-7i-s—chargedredged 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):- ransport dredged material for the purpose 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 1.03 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052; P. L. 92-532); Mr. Frank A, Rhodes 1417 E. -Ba,-145tya�u4reva�e,+- /:�/V/ Newport Beach, California 92661 is hereby authorized by the Secretary of the. Army: to construct and install a wood seawall (8 feet high by 110 feet long), 45 feet shoreward of the U. S. Bulkhead Line� to remove a po��tion (shoreward of proposed seawall) of the existing pier and join bayward portion of the existing pier with the seawall Newport Bay (Pacific Ocean) " Lots 9 and 10, Block N and 23, Tract Eastside Addition, City of Newport Beach, Orange County, California. in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit on drawin.gs� "Frank A. Rhodes, 1417 E. Balboa Blvd., Tract Eastside Addition, Block N and 23, Lots 9 and 10. Drawn by Trautwein Bros. Dated 16 No SubT�—c7f-ro--rH-e—fo=(5-w:—Liig conditions: (rR 114.5-2-304) FORM MAY 74 581 (LR 1145-2-303) Page I of 5 PREVIOUS EDITIONS ARE OBSOLETE I AleW -fop 0 x I-Ij �j VIC�,QITY SKETCH N,�,�we &�y CA,,F.AN,, 5OUIJ CYI�q$ 1.110 Q�ell�4C ave'-�A5 b,l,� IW4X,�w�l ,c,?e .,� Mv, A.-) wzqel� Hqrb4, or, , �Obllshwd I.;, "h;s sec"'o, bar. �5 r- A I Z PA opp L J�', CO -V s vc,7 � ew 4 J'��20o,/cc� (a) That all activitica identi2lod mid authorized herein shall be coa,nistent 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 (j?. 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 o 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 circumstances. (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. (e) That the permittee agrees that it will prosecute the construction or work authorized herein in a manner so as to minimize any degradation of 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.th.e terms and conditions prescribed herein. (g) That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and drawings attached hereto. (h) That this permit does not convey aiiy property rightso 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 l"ws or regulations, nor does it I'VI'llo 1:11e to obf.R-11) locpl p9qe7a. by xuf.'.Cll� wilAVILY (i) That this permit does uot authori:6. existing or proposed Federal project and that the permittee shall not Pap 2 of 5, 'be eo.-itled to compensation for damage or injury to the structures or wor '- X4 , authorized herein which may be caused by or result from e .,.sting or future ope rations undertaken by the United States in the public interest. (j) That this permit may be summarily 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 permittee of a written notice thereof which shall indicate (1) the extent of the suspension, (2) the reasons for this action, and (3) any corrective or preventative measures to b& taken by the perraittee which are deemed necessary by the District rngineer to abate imminent hazards to the general public interest. The permittee shall take immediate action to comply with the provisions of this notice. Within ten days following receipt of this notice of suspension, the permittee 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 nay be either modified, suspended or revoked in whole or in part if the Secretary of 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 modification, suspension, or re- vocation shall become effective 30 days after receipt by the permittee 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 (b) the alleped violation was accidental, and the permittee has been operating. in compliance with the terms and conditions of the 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 he held to present oral and written evidence concerning the proposed modifica- tinn, suspension or revocation. The conduct of this 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 of En�ineers. (1) That in issuing this permit, the Government has relied on the information and data 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 false, 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) That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United States, (n) That the permittee shall notify the District Engineer at what time hr n"l i\'i LV liereln wl I I 1'r, Od, qq Far ill RdV'9ll('P Page 3 of 5 of t!L-le 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 iLs completion. (o) That if the activity authorized herein is not started on or before 31stday of December , 1975 , and is not completed on or before 31st day of December 1977, this permit, 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 on 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 r . equire authorization by the Congress or other agencies of the 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. I (t) That if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be 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 the�eby 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 lierein and this permit shall be recorded along with the deed with the Register of Deeds or other ar 3 signature. Permittee hereby accepts and agrees to comply with the terms and conditions of this permit. '�ermittee Date By tvri- oVrhecretary f the Army t x'O'Eln Z7 JO-Auguar-1974 Date Transferee hereby agrees to comply with the terms and conditions of this permit. ansferee Date Page 5 of 5 /0'9- /4/7 �F CAUFORNIA liz '7AGAN, G�r,?,,wr 11FORMIN UDASTAL ZO'NE C:01NSERVATION COMMISSION11111 AMI'MAST REGIONAL COMMISSION 666 E. OCEAN BOULEVARD, 501TE 3107 P.O. BOX 1450 LONG BEACH, CAUFORMIA 90801 (213) 4U,4201 (714) B46-0648 RESOLUTION OF APPROVAL AND PE A:, Application Number; P-4-2-74-2959 Name of Applicant. Frank A. Rhodes 1L�17 E. Bay Front, Newport Beach 92661 Permit Type: Standard Emergency Development Location: 1417 Bay Front, Newport Beach .Development Description: _Construct- a wooden seawall for beach pres- ervation. The wall is 3"xl&" tongue and groove and is to be buried 8' deep. Top of.the wall will be +8.0 on or just below existing sand profile. (Sand profile is +8.0 mean low lower water) Commission Resolution: 1. The So - uth Coast Conservation Coim-nission.finds that the proposed development: A. Will not have a substantial adverse environmental or ecolog- ical effect. .B. Is consistent with the findings and declarations set forth in Public Resources Code Sections 27001 and 2002. C. Is subject to the following other resultant statutory pro- visions and policies: City of Newport Beach ordinances, -------—-..— D. Is consistent With the aforesaid other statutory provisions and policies.in that: approval in concept has been issued. E. The followinglanguagO and/or drawings clarify and/or facil- itate carrying out the intent of the South Coast Regional Zone Conservation Commission: application, site map, plot plan and approval in concept. itesoiution oi Approvai ana rermit vage Il. Whereas, at a public hearing held on May 6 1974 at Long Beach by aunanimous �S6 - (d a-teY — vote here- Uocati�T) by approves the application for Permit Number P-4-2-74-2959, pursuant to the California Coastal Zone Conservation Act of 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 Commission upon which copy all permittees have acknowledged that they have received a copy of the permit and understood its contents. Said acknowledgment should be returned within ten working days following issuance of this permit. B. That said development is to be com menced on or before 360 days from effective date of approval. V. Therefore ' said Permit (Standard, Ebncn3&=-z7) No. P-4-2-74-2959 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 20 197 4 - M -J ent ve irector 2471P Ix e c u 7tC wk '---/'A5TA1 Z(X,1"' wv, SQU11H COASI REGIONAL COMMISSION 665 E. OCEAN 11OULEVARL), SVII 1 3107 0. BOX 1450 LONG BEACH, CALIFORNIA 90801 (M) 436-4201 (714) 8460,548 RESOLUTION OF P-PPROVAL-Z',]—IrLl-),L�LA]Vfl—T Application Nwmber' Name of Applicant: Frank A. Rhodes 1417 E. Bav Front, Newport Beach 92661 Permit Type: Ex] Standard Emergency - Development Location: 1417 Bay Front,.Newport Beach Development Description: Construct a wooden seawall for beach pres- ervation. The wall is 3 VVxl2" tongue and groove and is to be buried 87 deep. Top of the wall will be +8.0 on or just below existing sand profile. (Sand profile is +8.0 mean low lower water) Commission Resolution: I. The South Coast Conservation Commission finds that the proposed development: I A. Will noL have a substantial adverse environmental or ecolog- ical effect. th B. Is consistent with the findings and declarations set foru in Public Resources Code Sections 27001 and 27302. Is subject to the following other resultant statutory pro- visions and policies: city of Newport Beac?i ordinances. D. Is consistent with the aforesaid other statutory prov�sions and policies.in that: approval in concept has been issued. E. The following language and/or drawings clarify. and/or facil- itate carrying out -the intent of the South Coast Regional Zone.Conservation Commission: application, site map, plot plan and approval in concept. 11. 'vThereas, at a public hearing held on May 6, 1974, (da ej at Long -Beach by aunanimous 4,�u. vote here- 710-c-ation by approves the application for Permit Number P-4-2-74-29-59 pursuant to the California Coastal Zone Conservat_�L_ c of 1972, subject to the following.conditions imposed pursuant to the Public Resources Codes Section 27403: Hone I!I. 'Said terms and conditions shall be Perpetual and bind all future owners and possessors of the proper�by or any part thereof unless otherwise specified herein. ILV. The grant of this permit is further made subject to the following,,. A. That this permit shall not become effective until the attal-hed verification of permit has been returned to the South Coast Regional Conservation Commission upon which copy all permittees have acknowledged that they have received a copy of the permit and understood its contents. Said acknowledgment should be returned within ten working days following issuance of this permit. -S B. That said development is to be commenced on or before 360 days from effective date of approval. V. Therefore, said Permit (Standard, &eagav,*) No. P-4-2--74-2959 ,is hereby granted for the above described development only, sub- ject to the above conditions and subject to all -terns 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 P 197-L-. 2474 M.J. C& ent Execut, e Director wk DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES, CALIFORNIA 90053 Public Notice No. 74-71 15 May 1974 YOU ARE INVITED TO COMMENT ON THIS APPLICATION FOR A PERMIT APPLICANT: Mr. Frank A. Rhodes 1417 E. Balboa Boulevard Newport Beach, California 92661 ACTIVITY: Proposed construction and installation of a wood seawall (8 feet high by 110 feet long), 45 feet shoreward of the U.S. Bulkhead Line; to remove a portion (shoreward of proposed seawall) of the existing pier; to join bayward portion of the existing pier with the seawall; and.to conduct work on Lots 9 and 10, Block No. N'and 23, Tract Eastside Addition, Newport Bay, City of Newport Beach, Orange County, California, as shown on the drawing accompanying this notice. 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 noobjections; and Application No. P-4-2-74-2959 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 Protec- tion, Research 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 detriments. VAIE Of CAWO�NIA CALIFORNIA COASTAL ZONE SOUTH COAST REGIONAL COMMISSION 645 F OCF&N BOULEVAM, SUITE 3107 P.O. BOX Wo LONG BEACH, CALIFOPNIA 90801 C213) 436-4201 '(714) BA&0643 RONAW PfACAN, CONSERVATION COMMISSION (Die ,April 15, 1974 NOTICE OF PUE3LIC HEARING Pursuant to order of the California Coastal Zone Conservation Comnission, notice of public hearing is hereby given. Said public hearing.is scheduled on the May 6, 1971� Agenda for application for Permit, Fumber P-4-2-74-2959 *** as submitted by Frank Rhodes. The subject request is to permit Construction of a.wooden seawall for beach preservation at 1417 Bay Front, Newport Beach Said agenda public hearings will commence at 9:00 am on May 6, 11974 at Long Beach Harbor Department 925 Harbor Plaza, Long Beach, 6th Floor, Bcard Room during which time all persons either favoring or opposing the application will be heard. Any written correspondence regarding the application should be directed to this office prior to the hear- ing date. All interested individuals tact this office. enO�- M E;eJcLCi VDirector wk lt** FOR APPLICANT ONLY... who wish additional information may con- . COPY,OF THIS NOTICE IS TO BE POSTED ON SUBJECT PROPERTY 2410 Newport Boulevard Newport Beach, Calif. 92660 A U 7 t1IJ E 1 0 7 E-] E� �J S FLOATS Ai,i_ BUY- ��S PIERS, PILE DRIVING, ETC. GENERAL ENGINEERING CONTRACTORS Contractors License No. 258975A Phone (714) G73-ISGO 9 April, 1974 California Regional Water Quality Control Board 6.848 Magnolia Ave. Riverside, Calif. 92506 Attn:. John M. Zasadzinski; Associate Water Quality Control Engineer Subj: Proposed wood bulkhead between F & G streets in Newport Beach. Dear John: I am in receipt of your memo (copy enclosed) dated 4/3/74. The following is submitted for your information: 1. All removals of piers, walls, debris, etc. will be the responsibility of the contractor. 2. A floating boom shall be placed in the water, around the water discharge opening in the wall, in order to contain the surface scum during the dredging operation. 3. The floating boom mentioned in item 2 shall be used around the wall work area as we are installing it. This will be done -to contain the surface scum due to the jetting operation. 4. The required amount of jetting will be approximately 20-25 cubic yards per lot as a possible total of 200* cubic yards. I hope the above is satisfactory but in the event any questions arise, feel free to contact me. Sincerely, TRAUTWEIN BR� RS Sam Kniss - Engineer .c.c. Ted Yee - Frank Rhodes 5 27 March, 1974 . �14 :;.'rnia AegionQ Water Quality Control Board 6846 Magnolia Ave. Riverside, QUA §2506 Attn:i John MAasakinski Associate Water Quality Control Engineer. Subj: Proposed wood bulkhead between F & GGstreets in wport Beach. Dear John: Enclosed please find a set of drawings for a pro- posed wooden bulkhead between the aforementioned streets. The permit was submitted under the seven seperate KAN viduals whose names are noted on the6rawings. I have requested dredging the backfill material,whlihh should be very minor due to the fact that the sand profile is now approximately at the height of the proposed wall. The backfill required will only be that amount that is d6splaced due to the installation of the wall. The Corps of Engincers has.roquested a letter frow your office regarding this dredging. Hopefully you will support this manor dredging, but in the event your office has a negative 3 response, please let we know. Your letter should probably mention each individual since the permits were filed this way. Thank you in advance for yourppnomltness. Sincerely, TRAUTWEIN BROTHERS Sam Rhiss - Engineer U. S. Corps of Engineers Post Office Box 2711 Los Angeles,. California 90053 Attention; Waterways Control Section Subject: Harbo r. 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 loTct-e-, n; 1wpor Lot No. N&23 Tract ,_ Tr It 9& 1Q Block No. Eastside Ad iti Newport Beach, C;�' =iornia. I am ET�W-15�ner of TF<�-T�-`or—eFjEE16-ne-T -property, and I have made aPPlicatioll for a Harbor Permit to the City of Newport Beach. The adjoining property owners are: Lot B Block N&23 Tract B�1,6_taijfte Ad4�ltion Lot Block Tract "G" Street 1415 E. Balboa Blvd. Balboa, California Respectfully subm��tted, Date 11/26/73 4 Frank Rhodes Enc. Plans dated 11/16/73 --=4'�, 3 sepia 7 copies Newport Beach, California CITY OF NEWPORT BEACH APPROVAL The harbor and Tidelands Administrator of the City "I of Newport Beach rW Z- 5 has reviewed Harbor Permit application by Z&azl and subject to the approval of the U. S. Corps o ngineers 0 w! SSU6 harbor Permit No. Date Z -2 - .Z- 7 4-- CC,: /D. H&rshbarger, Captain Marine Safetv Department MARINE SAFETY DEPARTMENT 70 Newport Pier February 25, 1974 TO: MAYOR & CITY COUNCIL FROM: Marine Safety Department ITEM NO.: F-1 SUBJECT: JOINT HARBOR COMMITTEE RECOMMENDATION; REF. HARBOR PERMIT REVISION APPLICATIONS FOR THE CONSTRUCTION OF A WOODEN SEAWALL 301 13AY-WARD 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 Council'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 and 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 recommendations 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. Reed, Director R. E Marine Safety Department RER:DH:lf Attachments CITY OF NEWPORT -BEACH CALIFORNIA MARINE SAFETY DEPARTMENT 70 Newport Pier February 8,'1974 Mr. Doug Lynn, President Balboa Peninsula Point Asso. 1585 E. Ocean Blvd. Balboa, California 92661 Dear Mr. Lynn: 7266G City Hall 3300 Newpoit Blvd. (714) 673-2110 ' The attached staff report, reference harbor permit applications for a wooden bulkhead was reviewed at the City Council Study Session and evening calen- dar on January 28, 1974. The Council referred the application to the Joint Harbor Committee for review and recommendation at their meeting scheduled for February 13 at 3;30 in the after- noon. The committee meets at the Harbor Department office located at 1901 Bayside Drive. I bring your attention to these applications and city staff report should you wish to furnish input -to the Joint Harbor Committee. Please feel free to call me at the Marine Safety Department if I can answer any questions you might have. Respectfully, D. Harshbarger, Captain Marine Safety Department DH..If IV, . 1�1.16r Akto "I Wif 161 live- 0, JH I rb q5 I live- 0, JH I -All PINO� X, � � �l '01 q5 -All PINO� X, � � �l '01 MARINE SAFETY DEPART14ENT 70 Newport Pier TO: CHAIRMAN AND MEMBERS OF THE JOINT HARBOR COMMITTEE FROM: 14ARINE SAFETY DEPARTMENT SUBJECT: HARBOR PERMIT APPLICATIONS FOR THE CONSTRUCTION OF A WOODENSEAWALL 30' 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, reviewed the attached Harbor 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 o—/,, � zg�L '11� D. Harshbarger, Captain Marine Safety Department RER. DH: dw ,AAW1,9 A//O� ®r, Pio�f---A'2010— ....... . . . . .. ..... ... 0 IV, lvo MARINE SAFETY DEPARTMENT 70 Newport Pier January 28, 1974 TO: MAYOR A14D CITY COUNCIL FROM: Marine Safety Department SUBJECT: Harbor Permit Applications for the construction of a wooden seawall 301 a ward of Vacated East Bay Avenue _P� between -F & �Gsti�`eets on--T-ITe--ff-aIEo-a--P-e--n3-n—s-u-rZ� APPLICANTS: Property owners; Eastside Addition Tract; Block N & 23. Listed as follows:, Mr. R. English, 1401 E. Balboa Blvd., Lot 1; Mr. G. Stephens, 1405 E. Bal. Blvd., -Lots 3 & 1/2 (4); Mr. D. McHone, 1409 E. Bal. Blvd. -Lots 1/2 (4) & 5;. Mr. C. Peck, 1411 2. 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 eight property I owners bordering the Bay between F & G Streets on the East Balboa 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 30' length wooden return walls at the F & G Street -ends. Discussion The subject harbor permit application requires City Council approval because the proposed seawall would be constructed 301 bayward of "Vacated Last 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 retaining wall structures proposed to be constructed bayward of the bayward most line of Vacated East B I ay Avenue shall be subject to City Council approval.,, The applications for Lots 1 and 10 bordering F & G Street, I street - ends show 301 wooden return walls. Because these 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 right-of-way lines shall conform to tile City Standard Drawings for a concrete bulkhead". The U. S. Bulkhead Line 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. 2. To maintain as much as is possible conformity with respect to 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 K 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 151 landward of the proposed seawall construction. Currently the sand elevation at the berm line is approximately 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 30' 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,.the Marine 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:lf Attachments CITY OF NEWPORT BEACH HARBOR APPLICATION NO. v;l S4IAID C, coo.. 7-6 .1, VICIMITY SkETCH c... J,rr N-I'PORr 5AY CAL IF.RNfA t 014 /Z E A /V 5 If ole,- ` A 5 be/ow �co� Zowe, Low �0�5,e r ?'</I /0 are e , �061"5hlrd _;, llh;s Secbo, 0'rIvew I�Ve IX /0 /VeE:w A100,0 k/f Fill A ve. 25,eAl" Vey A IZ20 3L /I A,0VAPeSS 4or A%47'0 CITY OF NEWPORT BEACH HARBOR APPLICATION.- NO. -Al 4�,w A,q.� oe � y6i r. -s.,q.v-4A NO OC14L 6 50, I� I rvi 1 1 KE I CH Nl��ORr 5AY, CALIF�RNII irr" &,Tprc�56ri erce� OnY Q(�nol& aeRIOh5 bela, Wco� 1,1�,, low Mole�. /&jQj,, ro�qe 0/' ?,.,, /0 A16rbo, /,nes are e , I`06115hed /" ?//715 5CC41, B... U, 5� I VV e". r Iq fill -T APRZ.IC4N7-�9 AIAVd- Z. VGA �3,- vzl f , JOV A0.0,efJS 74 161,1- V, 4),47 /-/0 /- Z S- 7-� 1! CITY OF NEWPORT BEACH HARBOR APPLICATION 'N X z 3. Y a -adz Aju"* 0 r. A_ 76 9_ V I C I �J I TY SkETCH 1 NN�PORr DAY, FAL IFOaNfA J'r'r 0�& exp�CNS&d /ed/ ond od.0/6 2dO/ 6 AA /Vo Sc A 4 46 5 below Mcon 4owe, 4ow lay IT, /a/ ore c iabltsh h's -secy"O" otc"'vew 'T ------ �.'t4 . tf!p 3 Mkk Maw k/, Vi Al - L _'_iT i A PIT V4,11i 7 ____,'5e0FA4_ ZlMe A&IR vle -1a 7� 40 6 qLloe7V 9 to 8LOCA APft1"*r9E MAW V00 AEAPAWOS Z 13 0 4 3 Z VO. 1-le'15-1 7U 12%e.4PVA1 AVY rA A, Alj, f r MARINE SAFETY DEPARTMENT 70 Newport Pier December 5, 1973 TO: BILL FOLEY FROM: Marine Safety Department SUBJECT: COUNCIL POLICY X-3 - REFERENCE PROPOSED BULKHEAD CONSTRUCTION Please find attached permit applications for a proposed bulkhead between "F" and "G" Streets on the Balboa Peninsula. The applications are to construct a bulkhead 30' bayward of "Vacated Bay Avenue". These permits require Council approval in accordance with Council's Harbor Permit Policies Section 16.A. It is my initial feeling that these applications could be environ- mentally sensative for the following reasons: 1. The necessity to fill over tidelands 2. Reduction of existing sand sloping "energy absorbing beaches" 3. Loss of the public easement over a portion of private partially submerged property NOTE: (Reference First American Title Insurance Company). .At such time that said submerged lands are filled, in conformance with all applicable permits, to an elevation above the line or ordinary high tide, the public easement exception will be thereby eliminated. 4. A precedent as far as other Balboa or bay front zones. 5. Effect on adjacent sand beach zones. Please review the attached drawings and based on Council Policy K-3 advise us of the necessity for an E.I.R. or Negative Declar� ation. D. Harshbarger, Captain Marine Safety Department DH; lf 7 CITY OF NEWPORT BEACH HARBOR APF p e i / -1 Z �lj 4W �l 6r � s Aq W I - �fl eA f�-Illl /� kowe VeK o da c 0 led' P-/ v C.- o'l % 1 w7l W,W . ..... . Yx/s n D 4W ViCiMM" ' 5AY, C, No 'o'ge c,", ez,�oble,51,& 0 , Z -,Y,4 u e9 VA 49 4 7 1 r 3 ----- ----- .... ....... 7 40e A&,", A)� Z Z/ �l 6r � s Aq W I - �fl eA f�-Illl /� kowe VeK o da c 0 led' P-/ v C.- o'l % 1 w7l W,W . ..... . Yx/s n D ViCiMM" ' 5AY, C, No 'o'ge c,", ez,�oble,51,& 0 , Z -,Y,4 u e9 VA 49 4 7 1 r 3 ----- ----- .... ....... 7 40e A&,", A)� Z Z/ �l 6r � s Aq W I - �fl eA f�-Illl /� kowe VeK o da c 0 led' P-/ v C.- o'l % W,W . ..... . ViCiMM" ' 5AY, C, No 'o'ge c,", ez,�oble,51,& 0 , Z -,Y,4 u e9 VA 49 4 7 1 r 3 ----- ----- .... ....... 7 40e A&,", A)� Z Z/ 4 5. 6. 7. A STATUS SHEET HARBOR PERMITS LOCATION_,�� E, ��7 1 _,&&,,2 ef New �Z?C2�01 Revision xn�o Dredging Date Rec'v_.../Z- 3 73 Fee Arnt.- Fee Processed -- Date Reviewed by M.S.D. Approved_ZLIfl-1.4- Denied Correction Req'd. - Desc. City Council: Remarks Application Consent Letter [,Waste" Letter Drawings Staff Report I .A� . Appi�!oved DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC 1-Z7-q�W7o,7q- 2 d— it , I it ;I 1E REMARKS (Y11 7/ eJ I I I I /I ,,toy god , Denied SARWQCD J..H.C. Or.Co. 7� 4",� e 7- I Ij T. 1. C. ' MARINE SAFETY DEPARTMENT 70 Newport Pier June 18, 1973 ITEM NO. G-10 TO:. MAYOR AND CITY COUNCIL FROM: Marine Safety Department SUBJECT: AMEND THE CITY COUNCIL'S HARBOR PERMIT POLICIES REFERENCE SUBSECTION 16 BULKHEADS -ZONE: FROM "A" STREET TO APPROXI- MATELY.9 PARCELS EAST OF K STREET (BETWEEN U. S. BULKHEAD STATION NUMBERS 112-109) Recommendation If desired, amend the City Council's Harbor Permit Policies by adding Subsection 16. A (1),defining bulkhead construction bayward of "Vacated East Day Avenue". 16. A (1), "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 Avenuey. Concrete bulkheadsand wooden retaining wall structures proposed to be constructed bayward of the bayward most line of vacated East Bay Avenue shall be subject to City Coun.ci_1_ap.pxo_v_ Discussion Currently the City Co uncills Harbor Permit Policie s reference bulkhead locations states: "16. A. All bulkheads in residential districts shall be installed on the established bulkhead line or at a location*behind the bulkhead line that would preserve the design profile 'of the harbor. Any retaining or ornamental wall installed landward of the bulkhead line shall be considered a bulkhead if it also serves to contain ,the waters of the harbor and shall be processed in the same man- ner as if it were on the bulkhead line." It has been an unwritten City staff policy not to permit concrete bulk- heads or wooden retaining walls to be const7u—cted bayward of the bayward line of7acated East Bay Avenue. However, in some cases a few harbor permits have been issued in the past which have allowed bulkheads to be constructed from 10'-301 bayward of the vacated strip. Also approxi- mately�.50� of the existing quasi bulkhead structures have been built without authorized harbor permits. The primary problem encountered by the staff for the subject zone is: Bulkhead or Retaining Wall Locations - Because the U. S. Bulkhead Line is bayward of tRe z—OnIngset �ac Tne from approximately 55� to 1401 and.the "Underwater Lots" and Vacated East Bay Avenue is owned in fee 2. by the -contiguous upland property owners, it has become extremely difficult for staff to present a uniform policy on the placement iocation of bulkhead type structures for property owners requesting bulkhead permits. Within the majority of the harbor, bulkheads have been built on the U. S. Bulkhead Lin6; however, for this area it is the staff's recom- mendation that bulkheads should be back from the U. S. Bulkhead Line in the majority of�the irea to within the vacated Bay Avenue Strip for the following reasons: (1) To preclude thepossibili�:y of extensive sand fill over tidelands. (2) Maintain a basic bulkhead line, so as to avoid a see- saw shoreline configuration. (3) Retention of the.existing sand sloping energy absorbing beaches. (4) Retention of.the public easement over a portion of private pro- perty which is submerged. NOTE: (Reference First American Title Insurance Company). At su-ch- time that said submerged lands are filled, inconformance.with all applicable permits, to an elevation above the line or ordinary h I igh . tide, the public easement exception will be thereby eliminated. The U. S. Department of Interior, Bureau of Sport Fisheries and Wildlife has indicated, in generall that.they are opposed to the continuation of the bulkhead fill process in lower Newport Bay. It is their feeling that this can restrict water circulation and can result in the degradation of water quality which would further reduce -valuable fish and wildlife resources of the bay. The following phrases are summarized as follows: Vacated,Ea,st Bav Avenue - The vacated East Bay Avenue strip is located inune iately ba -y -w -a -rd -77 -the existing residential structures and extends from "A" Street to six lots east of "K" Street of*the peninsula. The strip, which is 30' in width, was vacated by City Resolution #4751 (Feb. 24p 1958) and Resolution #4678 (August 26, 1957). Lots a gyEard 2 7acated East Bay Avenue - The existing lots bayward of —2 aga st;,L Fhe va p are owned in ee bv the contiguous upland property owners. These quote "underwater lots" existing in the A -K Street zone vary in length from approximately 15' (A -C Streets) to as much as 1001 (approximately F Street). U. S. Bulkhead Line - This line was established by the U. S. Army Corps of Enginieens-and is positioned from 551 to as much as 1401 bayward of the zoning set back line. R. E 0 REED, DIRECTOR Marine Safety Department D. Harshbarger, 6aptain DH.1f V CITY OF NE14PORT BEACH 1, CALIFORNIA SUGGESTED DEALER VRI V 3 PbRCHASE REQUISITION ADDRESS 2301 Campus Drive, Irvine, CA 92664 DELIVERY ADDRESS Inc DEPARTMENT Public Works DATE— - April 12, 1973 Quantity Ordered Description Unit Price Total Budget Number Lump Sum, Provide aerial photographs at scale 1" = 501 3016 reDroduced on mylar sneets of size 24" x 36". The area to be covered is along the shore of Newport 3ay from "A" Street to Seville Street as shown on the attached 1" = 1600' drawing. The attached I" = 100' drawing may be used for tia purpose of reducing the photographs to scale. Estimated Price $500.00 27ZL Approved: Approved: Purchasing Agent Department Head MARINE SAFETY DEPARTMENT 70 Newport Pier February 14e 1973 Trautwein Brothers 2410 Newport Blvd. Newport Beach, Calif. 92660 Dear Sam: I have reviewed the attached informal harbor permit drawing with the Public Works and Community Development Departments, The consensus of opinion from the staff level is that we would have -to recommend denial to the Joint Harbor Committee a"a City council should you wish to make a formal application on behalf of Mat Rhodes. it has been staff policy not to recommend any type of quasi bulkhead structures beyond the bayward line of vacated Day Avenue because of the followingc 1) The probability of altering existing profiles. 2X The possibility that the proposed wood wall could encourage patio type of encroachments beyond current zoning set -backs, Should the applicant want to formally apply for a harbor perAitg we would ask the Joint Harbor Committee and city Council for a formal policy decision. If you have any questions, please call. Sinuerelyo D. Harshbarger, Captain Marine Safety Department DHIlf Attachment 41 tj (6A A ,a-eclVe 5c a1w: S'ao ow jll*e� Av Sa eA y -,Aw fn Jf ON 043 lie 9 /oil &A Y,4 'r- Aj Ir C C AJ ICA r --------- &A Y VE -1v I -IE jo, r A 0,0 7*/, Io /Vill Are //�7 " le /1-/7 AS 1614 YC��O A.1 7-, cITY OF NEWt I AT BEACH RAIRSOR A PP, .�;ATWN NO, 3 0 X, 16 60 VICI M I TY SkETCH er N.w,."r BAY CAL IPOMNfA ale, 04e below �Ieo, 4,we, Z�� ^.yvx,�am ro�qp�./" 011�lro A'�Ov�/x 149 4ef 14"A" /")e, aec e Yabl,'sh��l scC40, Sr- At. off L S. 116 2� k e�) i Z/17, PA OPP 44FO LJ CO IV S rA VCr/PAI z-. e dy/,� 0 cr elvol A 17 1 1 1-117 z- eal.12oc;1 i .0 <') V OT 11-14-7-9 AATA