HomeMy WebLinkAboutM2008-0052 (2)Caulerpa Survey Reporting Form
This form is required to be subrilitted for any surveys conducted for the ilivasive exotic aLwl Cilahvpa raxiJblia
thatare required to be conducted under federal or state pennitsand authorizations issued by the U.S. Arilly Corps
Of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The forni has been desiened to assist irl
controllintz the costs of rq)orthig while ensraing that the reclilired inforniation necessary to ident I ify Twd control
ally potential impacts of the authorized actions on the spread of Caalvipa. Surveys required to be conducted for
This species Ue subject to modification thr011-01 PUblicatioll of revisions to the Coulerpa survey policy. IT is
incurnbeat upon the authorized pennittee to ell'sure that survey work is followilirg, thelattstprotocols� For filrther
inforl"Otioll 01) these protocols, please contact Robert Hoffinna, National Marine Fisheries Service (NO.A.A
Fiihtries)� (562) 980-4043� or lVilliaill Pqznokas. California. Department. of Fish & Glqjje� (858) 467-42 19).
Report Date:
-Nime of bay, estuary�
lagoon, or harb or:
Specific Location ame�
C, 14, (+ tj N C.; L- AT
(address or corninon
N Lf � VJ �-b jq T L5 WI<, t4
refertlice)
Site Coordinates-
L.e�06r� —114.661k�2-
(UTA4 -, Lat./Long., clatlilli,
acclivacy leveL and all
'33- 59e59
electronic survey area imp
or hard copy of the inap
inusk be inchided)
sumey Contact:
-TZWA U;M4Z-4F<) LyHjw. c6rk7.
(narne, pbone, e-ineil)
Personnel Conducting
Survey (if other than
libove): (narne, phone,
e-nlail)
Permit Reference.:
(ACOE Permir No.,
R%7QCB Order oi- Cert. No)
ls this the first or second
survey for this project?
-6p,
Was Caiderpa Detected?:
(if Caulaipa is found, pleFLse
Yes, CA ulerp.9 -was found at this site and
hnaii�diately contact NOAA
Fisheries or CDFG personnel
identified, above)
has been conticted on date.
XNo, -was
Caulerpa not found at this site.
Descx-iption of Pevinitted
Work-
cZ-50C r4-Ti-r�cd-Lra Sk6�TC-14
(de.�-Cribe bliefly tile work TO
be condiacted at the site
under the permits identified
above)
Description of Site,
(desLiibe the ph�,sicai and
biological Conditions Within the
survey area at tile tilue. of the
sin-veyand provide. insight into
variabilir�y. if known. Pleava
Depth range.,
to T --r T-0
Subst? ate. tyjm,
SIL:r Ovc(z sn-mc)
T�jj1pe?-,7tjj ;-0,,
EEL
provide units for all numerical
inforillition),
Exo tie spocIes
etwountered
(inalvding emy
wher caulelpa
spi,cres):
Othersire.
descrfpflon notes:
Descriptiou of Survey
Effort:
(plcasa Aescribe the surveys
conducted including tAwc of
Survey date and
thiseperiod.,
<>L -PT Ci e)
PtA 2% cx-.) 1,4
HmIzontal
Sia-vq), type. and
merhods:
suivey (SCTjBA, remoa:
video. etc.) and slu-my
methods employedt date of
wo& andullvcYdelisity
(estinnited percentage of the
bottom actually viewed).
Describe imy limitations
encountered during the
Survey efforts.
s'Impo'Pers.0miek
—rc)m we'�'sor%
2- 25 1 o
Tom
Sw-vey density:
C
Swv�y limitations:
Ofllel� 111forguatioll:
see, PA6-A- 34LA (-o,� �-cxa-nw.)
(use this spm;c to provide
addition,
91 infortuation or
e>Kt:TL4�6r- WORK.
references to attached 11IRP&
reports, etc.)
Uaulerpa "'luvey Keporting sion 12, 10!31/04)
, korni (ver,
Saafn T.vraSemer
Svr�t
12210 CKWIEL
City
SLate
FCA-
Lungitude Latitvae
F-117MI62 fH.S9&%
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Mather Forecast
Mapa for We point 20
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STATE OF CALIFORNIA - THE RESOURCES AOrNCY
CALIFORNIA COASTAL
506�H COAST b[STRICT OfFicf�
P r) Box 14'to
20D QUANGATE 101 FLOoft.
LONG DFAC14. CA 90502-4325
(5V),59045071
WENDMENT TO COASTAL DEVELOPIVI�ENT PERMIT
IDWe'.March 4 2008.
Permit A0plibation Nb.:6-00-421 -Al
Issued V
Erik Anderson
for..
Rdmovjl,bf.ah existing s footby 60 foot dock float and.5 foot -by 24'foot ganjwak,�
aficic.p.nsirudtfort of. a neW35 foot by, 4 foot gangway, 4 foot by 4-fdot lobe
c9nnectingthe qlangwaTtOthe existing Pier, now4footbyllo foot la nding.at the
base.0f ft now,gangway, and construction Of 6 new 'V'-sh4podfloat With two 8
MOM
,y 08 f0ortAingers andan 8 foot by 37 foot I)ao
kwalk. The existing pier, Is
proposed to remain in.place. Four 12.4nob diameter piles are prop
removed. Fdur'nowlifLinch diameter concre . te, piles are Pr I oped to he
oposed to anchor the
Proposed float.
at,
2210 Channel ZtreeI4 Newport Beach (Orange C unty)
has been amended to include the following Changes:
Tho�amendment proposes r6VIsIO"S' to thle,approved boat dock configuration and
rePlacementof the existing Pier that previously was to remain. The currently
proposed boat dock configuration will be a "U" shaped float with one 61 by 601
finger, one -51 by 60'finger and a 6' by 30' m4inwalk. Also proposed are a now 24' by
3' gangway, 4' by 41 lobe connecting the how pier and' -gangway, jnd*a 6, by 8,
landing at.the bas -6 of the new gangway connecting it to the fl * o ' at.. -Alto Proposed
under this amendment is --the removal of -the -existing 24' by 7' pier with solid docking
and single 12", "T�' PHO Piet stipport,and replacement with a.new 261.by 7' pier with
grated docking and two now lVdiameter, concrete "T* Pjles�. F I o.ur 12" diameter
piles are proposed to -he removed with the existing float. The new "U" shaped floati
will be anchored by fo.ur now 18" diameter concrete piles,
T I his amendment was determined by the Executive Director to be immaterial, was duly noticed,,
and no objections were received or tho. Commission concurred with the Executive Directors
determination. of immatenaiity (Sec. 13166 (b)(2)). '
This amendment will become effective upon return of a signed copy of this fornn to the
South Coast oistrict c)ffice'. Please note that the: original Permit conditions are SUN In effect.
Date: March 25, 2008
Pernnif AppliCofien No�� 5�06-421-Al
Page 2 of 3
Sincerely,
PETER M. DOUGLAS
Ex�ecaubUvq, Dirertor
ly, WMeg "Vaugh
Coastal Program Analyst
ACKNOWLEDGMENT
11 have raEKandl understand the abov.e:.arhendmeht and agree to be bound by its
Conditions 8ind the r6rhaining conditions; of Permit No: 5-06-421 -Al
signature:
Delte AL
Date-MorCh 26., 2008,
Permit Appica tion NO.- 5 -06 -421 -Al
pOge 3 Of 3
81AYMBID.CONDITIONS:
1. N6tIce,ofLRSbeIgt and Acknowledgment. The permit is not valid and development �Shail
net cownence; until ja. copy of the� oeirmjt� signed by the perm, i
ackno ftee or authorized agent�
wledging mcelpt of -the. permit and acceptance of'the terms and conditions, is
returned to fitne:Commission office.
2. Expiration. If development has. not comm nced, the, permit will ex
a pire, two years from the
date. on. which the. Commission Voted on this, application. Development shall be pursued in
a.d.iligent Manner and comoleted
In a, reasonable Oeriod,of time. Application for extension
Of 06 pernilt Must be made prorIQ the: expiration date. --17
3. Iroiterpr6tat[Qn. Any:que8tion$ Of. infentor Interpretation of an con I n will be resolved
y di jo
by:th6.15x'.ecutIve Director or the CoMfInjisslon,
4. Assignment. The permit rn—ay be. alssignpd to anyquallfled person,, provided assignee files
with the Commission anaffidavit doGepting off terms.and conditions of the permit.
5" Taimns and Gandiflonn Rion w�tt, +b- I These termsand conditions ghall be
Perpetual, and it is thelintention ofthe
Commission end. the pernifttee to bind all future
owners ancl.possessors of the�suhiect ProPerty,to the terms and conditions.
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
VENTURA FIELD OFIFICE
2151 ALESSANDRO DRIVE, -SUITE 110
')P VENTURA,:CALIFORNIA93001
PGPLYTO. Apri t 31 2008
ATTEWT(ON OF�
Office of the CJ -def
Regulatory Division.
HkAndersori
c/o BhLeWa ter Desi6tq Group
Titn.Bazley
.2.510.0 Via Cabrillo MarinajSaite.z0o,
SartPedro.Q.1-ifoynia 5031
.Dear IV[r. Anderson:
Rcfereruce-is ruade to yoUrrcquest(C6rps File No, 2008-301-CLlvl) to replace the existing
bOa(docL located at 2210 Channel Roa.di Ne�qcrt BLacj 1, California. Undet the provisions of
Section 10 of [lie Rivers andHarbors, Act Of March 3,1899 (33 U.S,C. 405.), yon are lie b
re
DUthOrized to construsla replac�ifterit. dock in anew corifiguratioii.impacting 0.01 acno of open
"'at -Lys of the United. States in Newport Bay, Orange Courity, California as show.n:on the
encloseddrawings Specificedly,,younrLaitid w i7ed to:
L, Remove an existing 10,5 -foot b
50-footflOating dock, an existing 5 -foot by M-foat
ga"P\TaY, and four sLlypoi�'Lilig'12-iiich-diaiiieter piles;
2. Recleek-an existing aecesS pier; and
3. Construct a, new concrete dock ajad garigway consisting of a 4 -.foot by 4400t
connectirLg lobe from the remaining a.ccoss. pier; aad.a 4-footby 24400t gangway
leading to a 6-fookby 8-footgangway landitig connected to the new U-shaped
floating dock. The new clock Would be comprised oftwo fingers 60 feet king of 5 feet
and 0 feet in width, comiected by a 6 -foot by 80 -foot backwalk. The new dock would,
be Supported by four 1.8-inch-djarnetel. piles.
The owner or lutlaorized.responsible official must signand date all oo
pies of. this Letter of
Pera-681sion (LOP) indicating that lie/she agrees tathe work as described and will comply with all
c I onclitions- One of the signed copies of thlq Letter of Permission inustbe returned to the Cw. I ps of
Engineers (a pre -addressed erivelope is�tszclo8ed); hi addition, please use the,two attached
postcards lo.notify thiaoffice as to fhe dates of 10 days prior to the start of
Construction),and coin
pletion of 0 e activity (within 10 days followhig the end of construction).
Furthermore, You are hereby advised.fliat tl ie Corps of Enghieers has established.111
AdniiiListrobve AppeaLf'rocess wh0d ' lis fbUy descri bed in 33 CFR Part'331. ThL cornpletL:appea I
processkq.dia.grannrned in the enclo�od Appendix B,
-2-
Th4nkY01:( for PIticiPAtifIg in on, regulatory program.
PERMITTFE
�ERIIJTIICI ANDERSON
Sincerely,
Bruce A. Henderson
Senior Pr9ject-Menager
North Coast Branch
DATE
When the&tTLIcft'xes or -work avdiorized by this petaut are stillhyexistellce -at d-Le,tire the
PrOP", is b!mWerred, the terms and comWoms of tl-d8 LOP Wifl. continue to be binding.on the
new ownor(s) offfie pyopej-ty. To validate the transfer of this perrrdt andthe liabilities associated
with COMPIlarloe with fts4ermsand conditians, have the transferee sign and date below,
TRANSFERE F
Enclosurd(s)
DATE
-3 -
PERMIT CONDITIONS
General Conditioaq�
I The..timejimit for cornpleting4he 4.uthoiized activity ends on April 2, 2010. If you find that
you nee
. ... a more time to complete the authorized activity, submit your request for a tj ' meextension
to. this office.for considers honat least one mor.tth before the above date is reached.
2. You mi-ist,m.aihtaiii.tli:e.:a�fivit.y authorized by this permit in good Condition and. -in
conformance wift, the terms and.conditions.of ti'lls permit. You are. not relieved of tl!�'s
reqgireinei.i.tify.ou.��'��doriithepern-dtted.-,lctivity,altLiOLIghyQti ayrn e od-f f
m ak a go aith trans er
to third party ijicomplianee,:with Gen -iould
e1ral Condition 4 below. SI you wish to cease to
maintain..U-je at'Lithorized. activity or should yqu desire to aband
on it without a good, faithtnansfer,
you must obtairL a mocifficatioll 0 f this permit from this office, w1-dcb may require restoration of
the area.
1 If you discover any Previously 1,ulknown historic of archeological remains while accomplishing
die activity 4 uthorized by this permi-t, you must immediately, notify dais off ' ice:of what you have
fovnd. We will irtitiate.the Federal and state.coordination required to determirL,e if the rem ains
Warninta recovery effort or if the site is eligible for, listing in the Natioijd Register ofmstoric
Places.
4z If you sell the pyopel,ty associated with d -ds permit, you must obtain ti-te..signalure of the new
Owner in the space provided andtforward a. copy of the Permit to this office to validate the
transfer of t1tis authorization,
5. YOuMUSt-allow representatives�from this Office to inspeCttl'te authorized activitat emy time
deemed necessary to ell.SLIV-0 thRtU is being or hasheen accomplished with the terms and
Condit -ions of your pennit.
Forttler"Ore, you must comply with the following non-discretionaryBpecial Conditions:
L The permitted activity shall not, interfere witi-I the right Of the public to free navigation. oil. all
I",Tvi.94�t��vatei'soft]-teUW,ted.�States,asdefi4iedby33.,C.F.R.Pa,v�t329�
2. No. earthwork is all thorized by -this Letter of Permission.
3. Creosote treate.dpilings:shall.notbe placed in navigable waters.unless ill ofth6fajjowing
conditions are met
A.) The proj!octinvolves the repair of edStil-19structLues that were Originally constructed
using wood products;
-4-
B). The creosote treated pilings are wiapped. in� plastic;
C) Measures are taken to preverit damage to Plastic wrapping fron-L boat use. Such
Measures may include installation: of rub Strips or bumpers;
D) The. plastic wrapping -is sealed at all joilits to preverit leakage; and
E) The Plastic material is expected. to rhauitain it integrity for at least ten years, and
plastic wrappings that. develop, ho es or leaks inust be repaired or replaced in a timely
I
mamer by tile Permittee,
4, No othormQdificadons or worl�.shall occur to the structure,perrnitted herein.
5� A pre-c.bi-Ls.ti+.Lic.tion.siine.y of the projectarea for Caulei-pa mxif�jia (Caulerpa) shall be
conducted in accordance with the Caulerpa Control Protocol.( . see
,hMi//�Wi.ucsd,ed,Lllcd`/c�c,2vl.h ) gqk,earlier ffian 90 calendar. days prior to pharried
construction and.nolt latex ffiart 310 calendar days prior to construction. T - lie results of dhat
survey shall, be fu . misbed to the Corps� NOAA Fisheries, and the California Depevtment of Fish
and Ga �ast 15 caiendar days prior to ill ria 'or., 0 avi I gable waters. In
IL i ti f, woi�k in n,
�tl te even t tliat.Caulerpa is: detected within the project, area, the Pem . ittee shall not commence
in
work until such time as the infestaticinhas been isolated, treated, and the risk of spread is
eliminated as confirmed in wilting by the Cbrps� inconsulta-tion wiffi NO.AA Fisheries ard
CDFG.
6. FOR BOAT DOCKS and OTHER STRUCTURES PLACFD IN WATERS OF THE Us WITH
THE POTENVAL TO 11UPACT EELGRASS: Once authorized imp
acts, to navigable waters
allthoriyed by this permit have cease thePe iteeshall
rinit conduct* two �years of post-
construction-eelgrass monitoring suj%reys.pex the dlappir.iggi�idelines in NOAAFislieries'
Southern, California Felgrass MJtigdtiori Policy (Policy)
'icd/eel o�-tttn)..Allreqttiredpost-const�,uction.monitoringstirveys
sl,iaUbesubiiiitted�bytlieFe.rniiLtee to theCorpsand NOAAFisheries wifhViWcalendar days
;of.each survey completion date, Based upon the post -construction monitoring survey results
and hi accordance with the Policy� the, Corps�wffl cfetermir�e the need and/or arnourru of
Essential Fisl-tHibitat (EFFI) mitigation requixed to offset -adverse irnpacts-to such habitat. TI -Le
.Corps��viUliansirLitilsdeteTAiiit)a�'ohtati,tePetinittLe.i�iwiitiiag. Within 6Ucalondar days of
receiving the Corps' deterniiiiation specifying the.need and amount of rinitigation, the Pertufttee
s1hal]. submit a draft EF -H mitigation plan to tile Corps for revieW Lid approval. The EFH
paitigation plai i shall be. prepared in accordance with, the Policy.and the Corps' Los Ancreles
District Mitigation Guidelines and Monitoring Requirements, dated April 19, 2004. The
Permittee shall fully irriplemerit the.f.inal EF H mitigation plan as approved by. tlie Corps.
The -appIJ caift shall in
-onitor light lev.els, below thegrate6 overwater structures to ensure that
sufficient ligbt.is available for eelgrdss growt b. The methodologyand results from this
mold,borirtgsliall be
-provided to the�Corps.and NOAA Fisheries no later than 30 days from
Ef�l,i.ghtcondlitiohs.,Tr�iiotsutficienttoaccGminodate
-5-
"Igrass growththen:a contiagencyptan skrall be adopted and implementedin cooperation
ivith the.Corps and NOAA Fisheries.
S. The Perroittee.shall discharge only clean construction Materlajs suitable for use in the oceanic
environAftent. The Permittee shall ensure no debris, soil, silt sand, sawdust, rubbish, ceine . nt or
concrete WaShings t1lereot oil or petroleum products,frorn construction shall be allowed to
en.ter into or placed. where it maybe washed by rainfall or rurtoff
into waters of the United
Sttltes� UP011 completion.of the Pt.0jectauthorized herein, anyend all excess material or d6ris
4.1011 be completely rernoved.from the work area and disposed of ft -L an appropriate uplzrrid site.
9. TlieVeIrmittee ghall notify the Corps of the date. of coinliiencemQnt of operations notless thaa,
14 ca lendar da . s prior to cornmencing Woik, mid shall not�, the Corps of the date. of
y
compl0tion of , opetations a � least five calendar days prior to sudi. completion,
10. Tfi(�.Perinittee-shall notify the Co.mmander, Eleventh Coast Guard District, the coast
and
Guard Marine -Safety Office Group LA -LB, not less than 14 calejadar days prior to
�work and as project orm commencing
ml, ation changes. The notification, either by letter, fay, or e-mail, shall
include as a, D-m-YU-Publi OIL following information:
A) Project description including the type ofoperatkon (i.e, dredging"divin&
construction, etc).
B) Location of operation, including, latitude / Ion-itude NAD 83)�
C) Work start and completion dates and th.e,expected duration of operations,
D) Vel9sels involved in the opera tion (na . me, size and type),
E) VHF -FM �adio frequencieS monitored by vessels on scene.
F) Point of contact and 24-hQur phone number.
G) Potential hazards to naviga[iont,
1-1) -Chart rturnber for the area of operation,
Commander, 11th Coast Guard District (oan)
Attn - Local Notice to Mariners
Coast G nard Maori, Building 50-3
Alameda, CA 94501-5-100
TEL- (510) 437-2986
FAX:�(510) 437-3423
U.S.. Coast Guard
Marine -Safety Office / Group LA -LB
Attn,. WaberwaysMarfagment
lQQf South.Sea�ide Ave., Bldg 20
San Pedro, CA 90731
TEL- (310) 73M020
FAX: (310) 732-2029
11, The Permittee and its contractor(,$) shall not remove, relocate, Obstruct, willfully darnage,
rnikelast to, or interfere with any aids to navigation defined at 33 C.F.R ' chapter L sub,cli,apter
C, part 66. The.NrniRtee shall ensure its contractor notifies the Eleventh Coast Guard -District
in writing, WIM1.4 dopyto.the Corps, riot less t1lan
equi 30. calendar days in advaace of operating arty
, pment adjacent.to any aids to navig-ation which requires relocation Or removal. Should any
0
.federal aids tailavigation be:affectef i by this project, the. Permittee shall submit a request, in
Writing, to the -Corps as well.ps the U.S. Coast Guard� Aids to Navigation office. The Perinittee
and its contractor ate prohibited from relocating or removing any aids to navigation until
.authorized to do so by the Corps and. the ug. Coast Guard.
12, Should the Perinittee determine the w6rl<, requires the placement and use of private aids to
riaviga tion in navigable waters. of the U.S., the Permittee shall submit a request in writing to t . he
Corps as well as the US, Coast. Guard, Aids to Navigation office. The Permittee is pro
hibited
from establishing private aids to rl� VigatJon in -navigable waters of the U.S. until authorized to
do so by the! Corps and. the tj.S. Coast Guard.
,13.. Upon. notification to the U.S. Coast Guard as specified in Special Condition 10, the Permittee
eopy.ofthenoidificad0lito t I �e Coast Guard Ci -Le Port (COTP). T�e
p tain of U
'COTP Inlay Illoclify the deploymei*of mardle,construction equipillent or mooring systpins.,to
safegu,,irdriavig,�tiopdLujiigp�!?ject.�oi�st3:ttction. TI -le Permittee shall direct questions
cox�cei-iiijig.li,ghting;equip.iijeAtpl�c6ihent,ajidri'tooriii�totlieapptopri�ito(�OTP,
14., Wid-lin 30 calendar days Of Completion of the project authorized by this permit, the
Permitteesball conduct a post�projectlsurvey indicating Changes to structures and other
features in navigable "raters. 'Me. Perinittee shall fbrwaxd.a COPY Of the STATVey to tN'� Corps and
to the National Oceanic and Almospheric Smice for chart -updating;
Gerald E Mieatorl, NOAA
Regional Manager, West Coastand Pacific Ocean
DOD Center Monterey Bay, Room 5082
Seaside, CA 93955-6711.
f5; The perinittee lixiderstands, And ag-rees that, if future operatfolls by the UnitLd States require
the removal, relocation, or other alteration, of the structure at w ork h6reiii xarhorized,.or if, III
ffie.npinion of the Secrptaxy of the Arnly, or his authorized representative, said structure or
work shall cause Luir-L,�isoiiableLobst-iuctioi� to the, free navigation of the navigable waters� the
perinittee will be required, upon du� noLice from tfie Corps of Engineers, to remoVe,.relocate,or
alter the structural work or obstructibils CATSed t . hereby, withou texpense to the Ullit,ed States.
No claim shall be made against the United States on account of any such removal or )Iteration.
Further Inforination:
i. Corlgre8sionalAuthori[ies: You, are authokized to undertake the activity dese ribed above
Pairsumit to Section 10 of the Rivers and Harbors Act of'1899 W U.S.C. 403).
2. Lindts,of 611s,autharizAbon
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a. 'Mispermit does riotobyaa.te. thexteed to obtab.i.otl-,ier Federal, state, Or local
authorizabons required, by Jaw�
b. This permi t. does not g I�t f�rt ally PrOP�AY rights or exrJusive privileges.
c� TIAS permit does not,authorize.,aiy irqury tothe property. or �ights of others,
d. 71-tisperm es . 0 ti
it.do n.t.A th6tize h1terfelenceWith MY existing or proposed Fed eril
project,
I LkI is of FMerg Liability. in issLihig flli� POrarit, the Federal Goverru-nent does not assume
any - liability for the following -
A. Damages to the perir�itted prqject�or uses thereof as a result of other permitted or
Ltrtpermitted activities, OT, from natural causes;
b. Dam
agestoffie. ernu- e nlhereof as a resultof coxteot or future activities
p. tted,proi Ct Ox use
.Luiciertakeiib.ybkbtib6li,iffof-illeO.r.�.tedSta.t(�s:intliepi-tblicint-e.rest.
c,- Qwnages to -persona, property-, or tbotlier, I
'perinitted or uriperinitted activities or
stnicttires caused by tbe activit ',
,y authorized by tl-ds:peTrnit.
4. Design.or construction defici , endes associated widl the perrnitted work.
e. Damage claims associated with,any future modification suspension, or revocation of this
permit.
4. Relhince 01, Applicant's Data: TRe i office ffiat issuance of this pern itiB
determination. of �tIL S u
n0tc0RtrftrYtO thepublicintexesit was inade inrelianceon the i4fornaption you provided.
5. Reevalua-timi of Permit Demion. This office may t
fte the circmmtanees wajTarl , t, Circumstances . . , reevalt Efte its decision on this petmit ata�oy
not limited to, -th e followi . ng: . tha t cOW.d r6quirez reevaluation include, but ate
a. YQU.fail tO Comply With-. the terms and �onditiibns of tl-ds permit�
b. The ft-dormatioll provided
by you in support Of y0br*peirnit, appEcation proves to have
been -false, incomplete, by inaccurate (See 4 above),
Ic. Significant new information-surfacQ6 wilich this office did not corLsider in reachin 010
original pttblic interest decision. .9
Such a reevaluation may resultin a detertninatiori that itis�appropriate to use the suspengioni,
Mortification, and revoc-abon prowdirres contained int,53. CtR 325.7 or en-foxcernent pro�eduzes
such -as those cOnt8in6d ha 33 CF`R 326.4. and 3Z6.5; Thereforertced enforcementprooedure�s
Provide for 010 issuaiice of an adrniiiistrative'arder requiring you to coxr�ply W 0
ithth, terms -and
conditions ofyour permit and for the ihitiatiorf of legataction where appropriEfte, You will be
reqtAred to pay for any correqtive measure ordered by thi& Office, arLd if fail to,comply with
such directive, this e:may iii certain�sitdatic)ns (mch as those specified in 33 CFR 205A70)
-offic YOU
t esby contract or otherwiscand bill you for Ifie cost.
tr
M
6. Ek�ensions.. . Gei)eral cond itiort I establishes a tirne lirnit for the completion of the activity
au*or ed by tWs permit. Unless there are circumstances requiring either a prompt completion
of of a reevaluation of the priblic interest decision, the Corpswill normalJ[y
give youiavof-�jble consideration to a request for rai extension of tijis, ffi-ne limit,
!'d'%R8OR RESOURCES DIV.
CITY OF NEWPORT BEACH
CITY OF NEWPORT BEACH
CITY OF
NEWPORT BEACH
FIER
BAU
VICINITY MAP OCIE�A/ PIER
.MIMI MY. .m.
BAY
PROJECT SITE
)/�'PER I
NEWPORT v
84Y I
REMOVE EXISTING FLOATING DOCK. PILES.
GANGWAY AND PIER. INSTALL NEW CONCRETE
DOCK W/ 4-18" SO. PILES. INSTALL NEW
3'x24' GANGWAY, INSTALL NEW 4'x4' GANGWI8
SUPPORT PIER W1 1-12- SQ. PILE. INSTALL
NEW 7'x2O' PIER W/ 2-14" "T' PILE,
�ERTF LINE
Ex7ENSim
EELWASS PATCH (TIP)
'8' PXE I'r,)
E�T
JEM
EEL GRASS INSPECTION
0 Eelgrass within 15' of project
)4 Eelgrass within 15 - 30'of project
0 No Fmal n project area
S�gnature
I nspecti Date & Time
70'
0.
MI.LW IML�=l
SCALE 1"=40' Fl EVATIO
SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE DEPTHS
BELOW MEAN LOWER LOW WATER. MAXIMUM RANGE OF TIDE
APROXIMATELY 10 FEET. HARBOR LINES ARE ESTABLISHED IN
THIS SECTION OF NEWPORT BAY.
TYP. nl-<�RASS PAICH'A5
PER 07/1 E/O, E", REPORT.
TYP. EELqMSS PATCH AS
PER CITT OF NWORT OEACK
DATABASE (NOT SVMM OURNC
�E 07/16/06 SUR�).
EPSTW GuWb
u� . Hu"
UNE
VllcX' C4NOWAY 63 It
IF ORA IEL? OCCKINU
RE)A01W EfflST 24Ir7' R
& R�CE W1 M-17- PER
W1 GRA TW GEWN0 P ERTY LINE
W1 MO 14- -T- ML TENRON
N S`0 414 109C
I/ I.A 10 ECO"
W 'ME 12" 50
(E) 24'�- VNOWY
(To W REWOWD)
LJ
�C) I &/ '�50' FLUA TWU VOCII'
To 66 REVOWD)
� I . , , , — — , � , , � � , ",
U.a aEVITAD LINE
TEL: (949) 202-9 - 3 , 49 IJOB ADDRESS: 2210 CHANNEL ROAD I DATE: 26 JULY 07
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
APPROVAL IN CONCEPT
APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit
application to the South Coast Regional Commission pursuant to California
Administrative Code, Sections 13210 and 13211.
General Description of Proposed Development: Remove existing dock system.
Install new concrete dock w/4-18" pile.New 3'X24'gangway. New 4'X4' lobe w/1 -12"
pile. New TX20' pier w/2-14" "T" pile.
Address number must be stenciled on at least 1 bayward facing pile.
.Pier conditions must be signed by applicant prior to final approval.
jProperty Address: 2210 Channel Road, Newport Beach, CA 92661
Legal Description:
I Harbor Permit Number: 108-2210
IPlan Check Number: 1693-2006 / 162-0-2�WB —1
jApplicant: Erik Anderson
Applicant's Mailing Address: 2210 channel Road
Newport Beach, CA 92661
Phone Number: (949) 202-9349
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.
P2ge 1 of 2
And find
A They comply with the current adopted Newport Beach General Plan, Zoning
Ordinance, Subdivision Ordinance and any applicable specific or precise plans or,
Ei That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the 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
guidelines adopted hereunder, this development:
'K 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
rejection in principal by Newport Beach unless a substantial change is proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
conditions to the pier permit.
Lisa Walters, Harbor Resources
September 11, 2007
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
Special Conditions
September 11, 2008
Property Address: 2210 Channel Road
With reference to the plans currently under consideration at the above referenced address to
reconfigure or modify the dock system or bulkhead, the following conditions will now be in
effect:
1 . The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title
17 of the City of Newport Beach Municipal Code. The project proponent understands that the
above referenced structure(s) is under the purview of these Policies and Codes.
2. Any future work on the above mentioned structure(s) requires permits with the City of
Newport Beach and any other applicable agencies. Painting and work considered to be
cosmetic in nature does not require a permit.
3. The conditions set forth in this document pertain to the proposed dock system and/or
bulkhead under consideration. Any future modifications or alterations to the dock system
and/or bulkhead may require new conditions which may override or change these conditions.
These conditions supersede all past conditions associated with this property.
4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio
furniture, plants etc ... are not permitted.
5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the
proper permits for equipment and materials storage. "Except as otherwise provided in this
section, no person shall use any public street, sidewalk, alley or parkway or other public
property for the purpose of storing or displaying any equipment, materials or merchandise, or
any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used
for the purpose of selling, storing, or displaying any equipment, material, merchandise or for
other commercial purposes in the following cases: ... For the temporary storage of construction
equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and
the storage is consistent with provisions of the Uniform Building Code."
6. The project shall be implemented in conformance with the Local Coastal Program - Coastal
Land Use Plan.
Page 1 of 2
7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A.
Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging,
grading, demolition, painting, plastering or any other related building activity, operate any tool,
equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a
person of normal sensitivity who works or resides in the vicinity, on any weekday except
between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the
hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in
construction, remodeling, digging, grading, demolition, painting, plastering or any other related
building activity, operate any tool, equipment or machine in a manner which produces loud
noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the
vicinity, on any Sunday or any federal holiday."
8. Your side property lines extend in. the water along their same bearing. Vessels shall not
encroach upon the neighbor's property on either side.
9. Vessels may not extend beyond the end of the fingers by more than the width of its beam.
Lisa \iy4ters, Harbor Resources Date
Signature Print Name Date
Joint Pier Applicant Signature (if applicable) Print Name Date
Page 2 of 2
Worksheet for Building Combo Permit Application
City of Newport Beach - Building Department
Please print 3 copies Elec F7 Mech F7 Plum
V'Building I— Grading [7.Drainage r
1. Project Address (Not mailing address) Floor Suite No
.. _io
# Units (if Residential)
Tenant Narne(if Applicable)
F . .. ...
2. Description of Work use
/"A/ r
. .... ...... ... ........ .... .. ......... ............. ........................................................ Valuation$
Exist House SFF—Demo House'SF r Add/ReconstrLICt House SF
Exist Gar SF Demo Garage SF SF # Stories
Add/Reconstruct Garage
1771
TOTAL HOUSE SF
Yd Cut
New f—,, Add F. Alter f7,..Derno Cu
... .. . .....
TOTAL GARAGE SF Cu Yd Fill
F
Check Appropriate
Box for Applicant
3.
Owner's Name
Last
............
First
Owner's Address Owner's E-mail Address
If
.... .. ... ....... . . ...
r ;�F
Telephone
city Zip
0
State
. . .... .. .... .... ... ... ..... ...... ........ ... . .... ......... .. ....
F- 4. Architect/Designer's Name Last First
Lic. No.
Architect/Designer's Address Arqbitect�gesignw'��-E7Ma-il'Address
City
5. Engineer's Name
Telephone
State Zip
J F
Last FirstF i 1/pi Lic. No. ov,
1, --11, ... .. .... ... ... . 1 1-7 _ L_ .. . .... ...... ........ ....... r;F
Contractor's Address Contractor's E-mail Address
F-772--:7 .............
.. ..........................
elephone
city S State Zip
i 1 77/
................. ...........................
OFFICEUSEONLY ENERGYP/CFEE$
PERMIT NO.
GRADING P/C FEE $ PLAN CHECK NO. I G-� C)
Facsimile Transmittal
Harbor Resources Division
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3044
Fax (949) 723-0589
Date: September 11, 2008
To: Prabin T.
From: Lisa Walters
Fax No: (310� 548-1924
No. of Pages: 3 (Including cover sheet)
RE: AIC for 2210 Channel Road
Attached is the. information that you requested.
Thanks!
Lisa
Walters, Lisa
From: erik anderson [erik.a@4afc.com]
Sent: Wednesday, July 18, 2007 12:01 PM
To: 'Jennifer Pettis'
Cc: 'Marquez, Crystal SPU; 'BazT'
Subject: FW: new dock layout
Attachments: Jennifer. Pettis.vcf; Proposed over Exist 07-02-071.pdf
Am in
Jennlfer.Pettls.vcf Proposed over Exist
(558 B) 07-02-071....
Thank you for the great news. I look forward to working with you
on this
submittal.
Erik
----- Original Message -----
From: Jennifer Pettis (mailto:Jennifer.Pettis@ncaa.gov)
Sent: Wednesday, July 18, 2007 11:26 AM
To: erik anderson
Cc: Marquez, Crystal SPL; bryant.chesney
Subject: new dock layout
Hello Mr. Anderson,
Bryant and I have had a chance to review and discuss your newest dock
design (titled 'Proposed over exist 07-02-07-l'). We are satisfied with
your minimization of overwater coverage and are comfortable proceeding
forward with this design.
Recommendations in our letter to the Corps regarding your permit
application will include pre- and post- construction eelgrass surveys
according to our policy
�http://swr.nmfs.noaa.gov/hcd/policies/EELPOLrevll final.pdf) and
monitoring light levels to assure that alternative construction
materials are allowing sufficient light passage for eelgrass growth. if
light conditions are not sufficient to eelgrass growth and/or eelgrass
is directly impacted we will need to recommend mitigation.
Thank you for submission of your design.
Best,
Jennifer
562-980-4046
I
CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
P.O.BOX 1768, NEWPORT BEACH, CA 92658, (949) 644-3288
FEE RECEIPT
TARGETDATE:
Date _J J3 -d, Plan Check No._LU__z9:d�0 Received by:
'2,2�j
Received from I_ . Job Address
Building Plan Check ....................................................................... 2900-5002
Harbor Resource Plan Check (Building) ............ .......................... 2900-4627
ZoningPlan Check ......................................................................... 2700-5003
GradingPlan Check ...................................................................... 2900-5004
FirePlan Check .............................................................................. 2330-5055
Electrical Plan Check ...................................................... ............... 2900-4612
PlumbingPlan Check ..................................................................... 2900-4616
Mechanical Plan Check ........................ ........ 2900-4618
Harbor Resources Plan Check ............. ........ 2370-4654 00
Overtime Plan Check - Building .................................................... 2900-5023
Overtime Plan Check - Grading .................................................... 2900-5004
Overtime Plan Check - Planning ................................................... 2700-5003
Preliminary Code Compliance Review .......................................... 2900-5002
Reinspection B E M P/Special Inspection ..................................... 2900-5008
ReinspectionFire .... I .......... I ............................................... ............ 2330-5050
Temporary Certificate of Occupancy .................................. .......... 2900-5008
Underground Utilities Waiver ....................................................... 010-2225
Energy Compliance ........................... ..........
Planning Department Fees ................................ V . NO -1 ............... 2900-5017
............... %� ....... 2700-6000
Sale of Maps & Publications (Planning). � '� T
........... ok, - - . .. �%'� ............... 27 00-5812
Determination of Unreasonable Hardship ................ 130_6COO-5018
Public Works Plan Check .................................. ............. 5200-5002
Performance Deposits (Refundable) ..... lc"�� .......... 010-2201
... ' ... ...... * .......... *
Records Management Fee (Copies) ................................................ 010-2263
Other(Specify) ................................................................................ $
TOTAL FEES 00
For Plan Check status log on to:
www.city.newnor+-hPnP1,
select On -Line Services or call (949) 644-3255, Fee Receipt No. �1�
NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL.
(f\feerept, 6/05)
FROM : Mark Sites FAX NO. : 949 675 1071 Jul. 19 2006 04:57PM P2
Caulerpa Survey Reporting Form
This form is required to be submitted for any surveys conducted for the invasive exotic alga
Caulerpa taxifolia that are required to be conducted under federal or state permits and
authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control
Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of
reporting while ensuring that the required information necessary to identil)r and control any
potential impacts of the authorized actions an the spread of Coulerpo, Surveys required to be
conducted for this species are subject to modification through publication of revisions to the
Caulerpa survey policy. It is incumbent upon the authorized permuttee to ensure that survey
work is following the latest protocols. For further information on these protocols, please contact:
Robert Hoffinan, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or
William Paznokas, California Department of Fish & Game, (858) 467-4218).
Report Date:
July 19,2006
Name of bay, egtu2ryl
lagoon, or harbor:
Newport Harbor
Specific Location Name:
(address or common
reference)
2210 Channel Read
Site Coordinates:
(UTM, Lat./Long., daturn,
N33 35.8911
accuracy level, and an
W 117 519391
electronic survey area map
or hard copy of the map
most be included)
Survey Contact-
(name.,phone, e-mail)
Mark Sites (949) 675-1071
Perao,nuel Conducting
Survey (if other than
above); (name, phone,
e-mail)
same
Permit Reference.
(ACOE Permit No.,
RWQCB Order or Ced, No.)
City buildina permit
h this the first or second
survey for this project?
First
Was Casderpa
Caulerps was found at this site and
Detected?: (if Caulerpa is
found, please immediately
has been contacted on date.
contact NOAA Fisheries or
CDFG personnel identified
above)
X)COM—No, C2U]erpa was not fob0d at this Site.
FROM ; Mark Sites FAX NO. : 949 675 1071 Jul. 19 2006 04:57PM P3
Description of Permitted
Work. (describe briefly the
Remove existing float, replace with new configuration and new
work to be conducted at the
ramp and piles.
site under the permits
identified above)
Description of Site-
Depth range:
-5' to -14' MLLW
(describe the physical and
Substrate Ve:
Medium grain sand to mud over sand
biological conditions within the
survey area at the time of the
survey and provide insight, into
variability, if known. Please
Temperature:
6SF
salthy—,
NA
Dominantflora:
pmvide units for all numerical
information).
None
Dominantfiiruna:
Mussels on dock floats
Exotic species
encountered
(including any
other Caulerpa
None
species):
Other site
description n0les:
None
Description of Survey
Survey date and
Effort:
anteperw
JtAy 18, 2006 1300-1345
(please describe the surveys
Horizontal
conducted including qV Of
vk1bilitY in water'
3'
survey (SCUBA, remote
video, etc.) and survey of
methods employed, dau ;
work, and survey density
Survey type and
methods:
Surveillance level SCUBA survey in the
area of the proposed new float
(estimated percentage of the
bottom actually viewed).
Describe any limitations
SwTeypersonnel.,
encountered during the
survey efforts.
Mark S'
Survey density.,
Over 60%
Survey limitatiom
Poor visibility due to surf and surge at
1
harbor entrance
Other Information. (on
this space to provide
+4.0' NffiLW flood tide
additional information or
rciercaccs 10 attached maps,
reports, etc.) I
Drawing attached
I
R�Vurxiug Farm MiGR I.Z, LU1,111V41)
FROM : Mark Sites
FAX NO. : 949 675 1071 Jul. 19 2006 04:58PM P4
CITY OF NEWPORT BEACH , I�
CITY p5
NEWPORT 66LC.4
FROM : Mark Sites FAX NO, : 949 675 1071 Jul. 18 2006 05:39PM P2
jul ),:) 06 0-;.45P Tim Doxleu jiun"MICIL'? I.. I
CITYOF NEWPORT BEACH
NE WWRYT (95EACR
wm NEW= 0
AV
occq
/VM
VICINITY
Kv
NZ SCALE V-40'
CAP
PROJECT GITE ATTY SCILINOM,% A7F Fypprw-n IN ffn
ELEVATRW
4 ��IO* It- WPM= AM
SCOPE Ow WOR)LI ur oxwv. MUM,
REPLAC[� EKISTING FLOATING DOC4(. PILES
AND GANGWAY VAIN NEW CONCRETE DOCK
PH FS ANn GANGWAY.
goo" �
~w,11 owam�&�
ANTS N2AMF-' EIRIK AMPhWiUN 0$ ADDRESS: 2210 CHANNEL �ZOAD i DATE! 08FEE106
. . . . .
. . . . . . . .
ANTS N2AMF-' EIRIK AMPhWiUN 0$ ADDRESS: 2210 CHANNEL �ZOAD i DATE! 08FEE106
Sep 19 06 10:09a Tim Bazle!j 3105481924 P.1
BLUEWATER DESIGN GROUP
FACSIMILE TRANSMITTAL SHEET
TO: FROM;
CHRIS MILLER/LISA WALTERS TONU METS
COMPANY�
DATE:
CITY OF NEWPORT BEACH
19SEP06
HARBOR RESOURCES DIVISION
PAX NUNWER'.
TOTAL NO. OF PAGES INCLUDING COVER:
(949) 723-0589
5
PRONENUMBER:
SENDEWS REFERENrE NVM13FR:
(949) 718-1844
2064 -AIB
RE: . YOUR 1USFERENCE NUMBER:
ANDERSON RESIDENCE EELGRASS:
SURVEY
E]URGFNT 11 FOR REVIEW OPLEASE! COMMENT Rl PLEASE RrPLY 1:1 PLEASE RECYCLE
NOTFS/COMMENTS:
2500 VIA CABRILLO MARINA, SUITE 200, SAN PEDRO, CA 90731
THLE; 310.548.31,32 / FAX: 310.548.1924 / EMAIL: BAZT@AOL.COM
Sep 19 OG 10:09a Tim Bazle,,j
SEP -12-2006 OR:07 PM MARK & MARY
3105481924 p.2
949 675 1071 P-02
Eelgrass Survey Reporting Form
(Version 1.0, June 20, 2003)
This fam is required to be submitted for my surveys conducted for the ealgtus� zostem
tWHm, tI.A ta be a6stfusted undw f4doral op ctato platmitit and autharhillitiono
Isswd by tho U.S. Anny Cuipb uf E. i4sid6trs and the Coastal Commission, 11w filtm. bus been
designed to assist in identif�ing celgrass while ensuring that the required information is
consistently documented. Surveys "uired to be conducted for this species am subjea to
modification through publication of revisions to the cclgrass survey policy. It is incumbent upon
the authorized permittec to ensure that survey work is following the latest protocols..For further
jnfqTMjMqA VU IbW VjyjW?j!h please contact: Robcrt Hollinew, National Mariac I:ishcries
S.-c�m7le,4% (.562) 40-ai.143. ,Ic VWTIOIOI'� (Wifill-fliA Dt�]VWTTUIII orn�ii & oame. (n5h.l
467-0 19).
IttN
Name:
2210 Channel Place, Newport Beach
common refirr"C6)
ommen
urvey Contact.
qm� Contact'
name, phone, e-mail)
e , phone' e_�)
Mark Sites �94?1 675-1071
ermit Reference-.
e
"IL P
ACOE Nnnil N0.1 RN%,'Q('R
)r&I ,,
City building permit
rite
ydrographle Syitem-
y Mr
estuary� Iwon. or
IWM. or
ry
Lower Newport Harbor
P;Ociflc Location:
ec M 6'
kf, L&LIUKi., Atears,
U
N33 "All,
curacy level, stanch
carsey
W117 52.9391
lecuftic survey amma map if
leelf,ml ey
'bit)
gal
Was Eetrasy Detectird:
xxx Vex, Edgrass was found at this sitc.
Eelgrass was not found at this site.
Description of
Permitted Wnrkf
611juv" "Juell" floaL Replace with now Configur3tion and
ReA_ %flhoWnflyihavAnt-kin
ow ramp and piles.
conducted at the aitc undcr
c permirs identified abov I
a)
Sep 19 06 10:10a Tim Bazle!:j
SEP -18-2006 08:09 PM MARK & MARY
3105481924 p.3
949 675 1071 P.03
one I
Depth range:
dwnbo Ow OyvW wid
-5'tQ-14'MLLW
OID&BI CWWWOM Within
e survey am at the time of
FP
a survey and pmvide insighl
vsrisbinty, ifkwvnl,
lu:nm
esse proodic units for tal
OrfCa) InfDrMWOn).
Substrate
rmw
MeOlum graln sena to muo over Sana
168 F
Salinity:
NA.
Dominant
fibra.,
Eelgrass patch"
Dominant
fauna:
Mussels on dock floats, piles, and seawall -
Exotic
species
encountered:
None
site
auripsta"
otes.,
Notie
2
Sep 19 06 10:10a Tim Bazle!j
SEP -12-2006 08:09 PM MARK M MARY
3105481924 p.4
949 675 1071 P.04
DoscrIption of SurvOY
rvey date
nd time
July 16, 201016 1300-1345
Effort:
(plea" deswribe ffic surveyl
ew,
conducted including type of
y (SCUBA, remote
We, cu.) ond survey
mthods employed, date of
icit, and survey density
astirmto percentage of the
ottom "ally viewed).
)escribe imy limitations
m6waved duving
urvey Cftn&
Flu, i4dluW
visibility in
3'
water:
Survey type
and methods.,
Surveillam�e level SCUBA survey using gidd pattem
Vurvey
Personnel. -
Mark Sites
unslLy:
over Oulb
U
imilations:
Poor visibility due to surf and surge at nmby harbor
cntra=,
er
' er Information;
0 0 thi5 SPOOO to provide asly
thi5
+4.0'MLLW
flood tide
itio"al inibravdion or
("0"
as to attached
terialaauch as maps,
r4=01
Drawing altached
ons, etc.)
Eelgrass Survey Repnrting Form (version I.Q. 6/17/Q3)
3
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CITY OF NEWPORT BEACH
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PROJECT SITE
SCOPE OF WORK:
REPLACE EXISTING FLOATING DOCK, PILES
AND GANGWAY WITH NEW CONCRETE DOCK,
PILES AND GANGWAY.
PRO1110M), LIVE Drlm-qcN
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SCALE 1"=40'
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JETTY SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE
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EEWRASS IN THE PROJECT/
CONCRE'Ir DOCK -1 NEW 41x101 LANDING � NEW 35' GANG WAY
I
SID. 4�4 LOITE
10
PERMIT #
PROM?7Y UNE EXTENSION
EI(IS7ING RER
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GANGWAY
- EXISTING Blk!50'
nOADNG DOCK
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141 NEW 78- PTLE (TvFg
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SCALE 1"=20 u PIERHEAD UNE
APPLICANT'S NAME: ERIK ANDERSON
TEL: (949) 202-9349 lJOB ADDRESS: 2210 CHANNEL ROAD DATE: 08FEB06
WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION
CITY OF NEWPORT BEACH
PLEASE PRINT OR TYPE BUILDING DEPARTMENT
1. PROJECT ADDRESS (NOT MAILING ADDRESS)
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USE
# OF STORIES
?ALUATION $ 20 00a
SQ FT
(NEW/ADDEDIEXTG)
PHONE NO.
F-1 5. ENGINEER'S NAME LAST FIRST
STATE LIC. No.
NEW,pj' ADD El ALTER DEMO E]
I I
Gheck Appropriate Box for Applicant
F-1 3. OWNER'S NAME. LAST FIRST
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OWN ER'S ADDRESS
OWNER'S E-MAIL ADDRESS
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CITY STATE ZIP
PHONE NO.
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F] 4, ARCH ITECTIDESI GN ER�S NAME LAST FIRST
LIC. NO.
ARCHITECT/DESIGNER'S ADDRESS
ARCH ITECT/DESIGNER'S E-MAIL ADDRESS
CITY STATE ZIP
PHONE NO.
F-1 5. ENGINEER'S NAME LAST FIRST
STATE LIC. No.
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F-1 6. CONTRACTOR'S NAME
BUSINESS LIC.
STATE LIC.
No. Class
CONTRACTOR'S ADDRESS
70—NTRACTOR'S E-MAIL ADDRESS
L=cl STATE, Jul- �j ZIP
ONE NO.
OFFICE USE ONLY �"ITY oF INV-'Y010H I O'�
PERMIT NO.
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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: Replace existing floating dock,.
piles and gangway with new concrete d ock, piles and gangway.
Address number must be stenciled on at least I bayward facing pile.
Pier conditions must be signed by applicant prior to final approval - -------------------
I Property Address: 2210 Channel Road, Newport Beach, CA 92661 1
Legal Description:
lHarbor Permit Number: , 108-2210 1
[F���mber: 1693-2006 1
jApplicant: Erik Anderson I
Applicant's Mailing Address: 2210 Channel Road, Newport Beach, CA 92661
Phone Number: (949) 202-9349
I have reviewed the plans for the foregoing development including. -
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application.
Page 1 of 2
And find
They comply with the current adopted Newport Beach General Plan, Zoning
Ordinance, Subdivision Ordinance and any applicable specific or precise plans or,
o That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps, On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the 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
guidelines adopted hereunder, 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
rejection in principal by Newport Beach unless a substantial change is proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
conditions to the pier permit.
Tom Rossmiller, Manager, Harbor Resources
nature: (�V(ScL-
Lisa Walters, Harbor Resources
October 3. 2006
Attachments:
Worksheet for Building Permit Applicati—on
Drawing
Pier Conditions
Page 2 of 2
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
Pier Permit Conditions
October 3, 2006
Property Address: 2210 Channel Road, Newport Beach, CA 92661
With reference to the plans currently under consideration to reconfigure or modify the dock
system, the following conditions will now be in effect on the above referenced pier.
1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of
Newport Beach Municipal Code. The pier permittee understands that the above referenced
pier is under the purview of these Policies and Codes.
2. Any future work on the above mentioned pier requires permits with the City of Newport
Beach and any other applicable agencies. Painting, replacement of rub rails and work
considered to be cosmetic in nature does not require a permit.
3. The conditions set forth in this document pertain to the current, proposed dock system under
consideration. Any future modifications or alterations to the dock system may require new
conditions which may override or change these conditions. These conditions supersede all
past conditions associated with this property.
4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float, Patio
furniture, plants etc ... are not permitted.
5. Your side property lines extend in the water along their same bearing. Vessels shall not
encroach upon the neighbor's property on either side.
6. Vessels may not extend beyond the end of the float by more than the width of their beam.
7. The maximum beam of a vessel that is permitted to side tie to the southernmost side of the
finger is 5'.
Lisa Walters, Harbor Resources Date
Applicant Signature Print Name Date
Joint Pier Applicant Signature (if applicable) Print Name Date
STATE OF CALIFORNIA —THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Go��
CALIFORNIA COASTAL COMMISSION 9
SOUTH COAST DISTRICT
PO Box 1450
200 OceangatD, 10th Floor
LONG BEACH. CA 90802-4416
www.coastal.ca.gov
Date: January 17, 2007
Erik Anderson Permit No. 5-06-421
300 South Harbor Blvd., Ste.#1 010
Anaheim, CA 92805
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number
which was sent to you on December 22, 2006 and was reported to the
Commission on Wednesday, January 10, 2007 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: MEG VAUGHN
Coastal Program Analyst
cc: Local Planning Dept.
Bluewater Design Group, Attn: Tonu Mets, P.E.
(k CALIFORNIA COASTAL COMMISSION
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
South Coast Afea Office
200 Oceangats. Suite 1000
Long Beach, CA 90802-4302 Me
(562) 590-5071
Permit Application No.5-06-421
Date: December 20, 2006
Page I of 7
ADMINISTRATIVE PERMIT
APPLICANT: Erik Anderson
PROJECT
DESCRIPTION: Removal of an existing 8 foot by 60 foot dock float and 5 foot by 24 foot
gangway, and construction of a new 35 foot by 4 foot gangway, 4 foot by 4 foot lobe connecting the
gangway to the existing pier, new 4 foot by 10 foot landing at the base of the new gangway, and
construction of a new "U" -shaped float with two 8 foot by 68 foot fingers and an 8 foot by 37 foot
backwalk. The existing pier is proposed to remain in place. Four 12 -inch diameter plies are
proposed to be removed. Four new 18 -inch diameter concrete piles are proposed to anchor the
proposed float.
PROJECT
LOCATION: 2210 Channel Place, 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:
Hyatt Regency Long Beach
200 S. Pine Avenue
Long Beach, CA 90802
Wednesday, January 10, 2007
10 a.m.
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.
PETER DOUGLAS
Executive Director
By: Meg Vaughn
Title: Coastal Program Analyst
5-06-421 Anderson
Administrative Permit
Page 2 of 7
STANDARD CONDITIONS:
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 Description
The applicant proposes to remove an existing 8 foot by 60 foot dock float and a 5 foot by 24 foot
gangway, and construct a new 35 foot by 4 foot gangway, 4 foot by 4 foot lobe connecting the
gangway to the existing pier, new 4 foot by 10 foot landing at the base of the new gangway, and
construct a new "U" -shaped float with two 8 foot by 68 foot fingers and an 8 foot by 37 foot
backwalk. The existing pier is proposed to remain in place. Four 12 -inch diameter piles are
proposed to be removed. Four new 18 -inch diameter concrete piles are proposed to anchor the
proposed float. The proposed boat dock conforms with the U.S. Pierhead line.
The subject site is located at 2210 Channel Street in the City of Newport Beach. The subject site
is currently developed with a single-family residence and private boat dock serving the residential
development. The site fronts on Newport Harbor. The majority of harbor front, residential
5-06-421 Anderson
Administrative Permit
Page 3 of 7
development in Newport Harbor is surrounded by private recreational boat docks. The proposed
dock project is similar in function to other docks associated with residential development in the
immediate vicinity. The boat dock will be used solely for boating recreation purposes. The site has
been surveyed for eelgrass and patches ofeelgrass were discovered within the project area. No
eelgrass was found within the proposed project's footprint. The eelgrass patches are located near
the bulkhead and approximately 10 feet channelward of the proposed float (see exhibit B). Four
new piles are proposed. The nearest proposed pile will be approximately 20 feet from any
eelgrass. No eelgrass will be displaced by the proposed piles or any part of the proposed project.
Thus, adverse impacts to eelgrass are not anticipated with the proposed project. In any case,
Special Condition No. 3 provides procedures to follow should any unanticipated eelgrass impacts
occur during project construction.
The site has also been surveyed for Ca,ulerpa taxilfolia and none was found. These eialgrass and
Caulerpa taxilfolia surveys are valid for,a limited period of time (until the next growing season for
eelgrass; and 90 days for Caulerpa taxilfolia). If construction does not occur within the respective
time periods, a subsequent survey will be required. Since eelgrass has been identified in the
project site, Special Condition No.2 identifies the procedures necessary to be completed prior to
beginning any construction. If any Caulerpa taxilfolia is found on the project site, Special Condition
No. 3 identifies the procedures necessary to be completed prior to beginning any construction.
The proposed project has received an approval from the City of Newport Beach Harbor Resources
Depatrtment (Permit #108-2210). 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
US. Army Corps of Engineers.
B. Marine Resources
The proposed recreational boat dock development and its associated structures are an allowable
and encouraged marine related use. The project design includes the minimum sized pilings and
the minimum number of pilings necessary for structural stability. There are no feasible less
environmentally damaging alternatives available. As conditioned, the project will not significantly
adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic
algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used
solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal
Act.
C. Water Qualit
The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or
placement of construction material, debris, or waste in a location where it could be discharged into
coastal waters would result in an adverse effect on the marine environment. To reduce the
potential for construction related impacts on water quality, the Commission imposes special
conditions requiring, but not limited to, the appropriate storage and handling of construction
equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce
the potential for post -construction impacts to water quality the Commission requires the continued
use and maintenance of post construction BIMPs. As conditioned, the Commission finds that the
development conforms to Sections 30230 and 30231 of the Coastal Act.
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NEW CONO?m DOCK NEW 4'�W' UNNNG NEW J5* GANGWA Y
4.7' 0GSnNG PIER
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5 .81 /� GANGWAY
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5. aOAPNG VC�&
5.6,
CITY OF NEWPORT BEACH
L;FORN'IA
CITY OF
NEWPORT BEACH
WEST UPPER
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SAY
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PIER CLAY
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PROJECT SITE
SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE
ELEVATIONS
NEW 16- PU (ryp)
NOM' REPLACE
51TE PLA
4 EXISTING 12' CONCREfU PILES
SCOPE OF WORK: W/ 4 NM IS- CONCREM PIUM EEL GRASS INSPECTION
REPLACE EXISTING FLOATING DOCK, PILES 0 NO EEL GRASS WITHIN 15'OF Pf
C.IECT
AND GANGWAY WITH NEW CONCRETE DOCK,
PILES AND GANGWAY. EEL RASS IN THE PROJECT AREA
U.S. PIERHEAD UNE
�PLICANT'S NAME: ERIK ANDERSON
SIGAATIIE
c Ci
IjOe ADDRESS: 2210 CHANNEL ROAD
DATE: 08FEB06
PERMIT DAT
PRGMTY INE DrIINSON
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NEW CONO?m DOCK NEW 4'�W' UNNNG NEW J5* GANGWA Y
4.7' 0GSnNG PIER
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5 .81 /� GANGWAY
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U.S. PIERHEAD UNE
�PLICANT'S NAME: ERIK ANDERSON
TEL: (949) 202-9349
IjOe ADDRESS: 2210 CHANNEL ROAD
DATE: 08FEB06
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SCOPE OF WORK:
REPLACE EXISTING FLOATING DOCK. PILES
AND GANGWAY WITH NEW CONCRETE DOCK,
PILES AND GANGWAY.
PROPERTY UNE EXTENSION
NEW CONCRETE DOCK
t I �- - - � IP
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—A
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SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE
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4.r EVS77NO PIER
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NOTE REPLACE 4 EXISTiNG 12" CONCRETE PILES
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W/ 4 NEW 13- CZRIETE PILES. NEW 18- PAE (TW)
IN
SITE PLA
Us SCAL—E 1—=12 -0' -
APPLICANT'S NAME; ERIK ANDERSON —FJOB ADDRESS. 2210 CHANNEL ROAD DATE, 17 OCT 20D
TEL: (949) 202-9349 F
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SCOPE OF WORK:
REPLACE EXISTING FLOATING DOCK. PILES
AND GANGWAY WITH NEW CONCRETE DOCK,
PILES AND GANGWAY.
PROPERTY UNE EXTENSION
NEW CONCRETE DOCK
t I �- - - � IP
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—A
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SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE
ELEVATIONS
SM 04 LOBE
3. 3.0 PROPERTY LAW EXIENSSION
4.r EVS77NO PIER
3. TO RE"N
EfflSRNG 5'x24'
4.8' GANGWAY
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ci FLOARVO DOCK
NOTE REPLACE 4 EXISTiNG 12" CONCRETE PILES
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IN
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Us SCAL—E 1—=12 -0' -
APPLICANT'S NAME; ERIK ANDERSON —FJOB ADDRESS. 2210 CHANNEL ROAD DATE, 17 OCT 20D
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STA�E OF CALIFORNIA - THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSI
Sooth Coast Areim office
200 OceangatL, Suite 1000
Long 8each, CA 90a0Z-4302
(662) 590-5071
Page I of 7
Date: January 12, 2004
Permit No: 5-02-174
COASTAL DEVELOPMENT PERMIT
On August 7,2003, the California Coastal Commission granted to Erik Anderson
Coastal Development Permit 5-02-174, subject to the attached Standard and
Special Conditions, for development consisting of: Demolition of two existing
single family residences and construction of a new, two story, 6,881 square foot,
.29 foot high at maximum point, single family residence with an attached four car,
887 square font garage and a 391 square foot basement. In order to
-accommodate the proposed basement, 148 cubic yards of grading is proposed.
Also proposed is a parcel map to combine the multiple existing lots on which the
development described above will occur, into a single legal lot. In addition,
reinforcement of the seawall directly in front of the subject property and
replacement of the approximately 30 foot long seawall at the adjacent City owned
property (2204 Channel Road), is proposed. More specifically described in the
application file in the Commission offices,
The development is within the coastal zone in Orange County at 2210 Channel
Road, Newport Beach.
Issued on behalf of the California Coastal Commission on January 12, 2004,
PETER DOUGLAS
Executive Director
ACKNOWLEDGMENT
By:
Title: "Oestal Prog*rama,
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all
terms and conditions thereof.
The undersigned permittee acknowledges that Government Code Section 818.4 which
states in pertinent part, that: 'A public entity is not liable for injury caused by the
issuance . . . of any permit , , .' applies; to the issuance of this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION
OFFICE, 14 CAL. ADMIN. CODE SECTION 13158(a).
Date Signature of Permittee
Fe
LAR
COASTAL DEVELO PMENT PERMIT
No. 5-02-174
Page 2 of 7
Please sign and return one copy of this form to the Commission office at the above
address.
STANDARD CONDITIONS
Notice of Recei2t 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 on which the Commission voted on the application.
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 condition will
be resolved by the Executive Director or the Commission,
4. As�t 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:
1 , Final Bulkhead Reinforcement Plans
PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for the Executive Director's review and approval, final
design and construction plans for the bulkhead reinforcement. The final plans shall
be signed and approved by the applicant's engineering consultant,
2. Basement Design and Construction
A. Final design and construction plans for the basement shall be consistent
with the geotechnical recommendation which requires that the basement
will be designed to resist hydrostatic loading, to accommodate hydraulic
COASTAL DEVELOPMENT PERMIT
No. 6-02-174
Page 3 of 7
uplift forces and to incorporate fail proof waterproofing. PRIOR TO THE
ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall
submit, for the Executive Director's review and approval, evidence that an
appropriately licensed professional has reviewed and approved all final
design and construction plans for the basement and certified that each of
those final plans is consistent with the requirement identified above,
The permittee shall undertake development in accordance with the approved
final plans. Any proposed changes to the approved final plans shall be reported
to the Executive Director. No changes to the approved final plans shall occur
without a Commission amendment to this coastal development permit unless the
1�xecutive Director determines that no amendment is required.
3. Assurngtion of Risk. Waiver of Liability and Indemnity
By acceptance of this permit, the applicant acknowledge and agrees 0) that
the site may be subject to hazards due to excavation below ground water
level on a water front site; 00 to assume the risks to the applicant and the
property that is the subject of this permit of injury and damage from such
hazards in connection with this permitted development; (iii) to
unconditionally waive any claim of damage or liability against the
Commission, its officers, agents, and employees for injury or damage from
such hazards; and flv) to indemnify and hold harmless the Commission, its
officers, agents, and employees with respect to the Commission's approval
of the project against any and all liability, claims, demands, damages, costs
(including costs and fees incurred in defense of such claims), expenses, and
amounts paid in settlement arising from any injury or damage due to such
hazards.
4. Conformance of Design and Construction Plans to Geotechnical Information
A. All final design and construction plans, including grading, foundations, site
plans, elevation plans, and drainage plans, shall be consistent with all
recommendations contained in the Geotechnical Investigation prepared by
Geofirm, dated March 12, 2002. PRIOR TO THE ISSUANCE OF THE
COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the
Executive Director's review and approval, evidence that the geotechnical
consultant has reviewed and approved all final design and construction
plans and certified that each of those final plans is consistent with all of the
recommendations specified in the above -referenced geologic evaluation
approved by the California Coastal Commission for the project site.
B. The permittee shall undertake development in accordance with the approved
final plans. Any proposed changes to the approved final plans shall be
reported to the Executive Director. No changes to the approved final plans
COASTAL DEVELOPMENT PERMIT
No. 5-02-174�
Page 4 of 7
shall occur without a Commission amendment to this coastal development
permit unless the Executive
5. Pre- & Post -Construction Eelgrass Surveys
A, Pre Construction Eelgrass Survey. A valid pre-constructior) eelgrass
(Zostera marina) survey shall be completed during the period of active
growth of eelgrass (typically March through October). The pre -
construction survey shall be completed prior to the beginning of
construction and shall be valid until the next period of active growth.
The survey shall be prepared in full compliance with the 'Southern
California Eelgrass Mitigation Policy" Revision 8 (except as modified
by this special condition) adopted by the National Marine Fisheries
Service and shall be prepared in consultation with the California
Department of Fish and Game, The applicant shall submit the
eelgrass survey for the review and approval of The Executive Director
within five (5) business days of completion of each eelgrass survey
and in any event no later than fifteen (115) business days prior to
commencement of any development. If the eelgrass survey identifies
any eelgrass within the project area which would be impacted by the
proposed project, the development shall require an amendment to this
permit from the Coastal Commission or a new coastal development
permit.
B. Post Construction Eelprass Survey. Within one month after the
conclusion of construction, the applicants shall survey the project site
to determine the extent of eelgrass that was adversely impacted. The
survey shall be prepared in full compliance with the "Southern
California Eelgrass Mitigation Policy" Revision 8 adopted by the
National Marine Fisheries Service and shall be prepared in consultation
with the California Department of Fish and Game. The applicants
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 adverse impacts are identified, the
applicant shall submit, for the review and approval of the executive
director, a mitigation plan addressing the impacts. The mitigation plan
shall reflect that the applicants shall replace all impacted eelgress at a
minimum 1.2:1 ratio on-site, or at another location, in accordance
with the Southern California Eelgrass Mitigation Policy. The
exception$ to the required 1.2:1 mitigation ratio found within SCEMP
shall not apply.
6. Eelgrass Protection Plan
COASTAL DEVELOPMENT PERMIT
No. 5-02-174
Page 5 of 7
A. All eelgrass at the project site shall be protected during all phases of
construction, and specifically during the bulkhead reinforcement phase, to ensure
no loss of eelgrass. The applicant shall identify all eelgrass present in the project
vicinity pursuant to special condition 5 above. The applicant shall take all
necessary measures to ensure that there is no disruption to the on site eelgrass.
S. PRIOR TO THE IS$UANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for the Executive Director's review and approval, an
Eelgrass Protection Plan, prepared by a licensed professional, outlining the
specific measures to be employed to ensure no disruption of the eelgrass occurs
as a result of the project. The Eelgrass Protection Plan shall specifically include
measures to be employed during the bulkhead reinforcement phase of
construction.
7, Pre -construction Caulerpa IgK!6��
A. Not earlier than 90 days nor later than . aO days prior to
commencement or re -commencement of any development authorized
under this coastal development permit (the "project"), the applicants
shall undertake a survey of the project area and a buffer area at least
10 meters beyond the project area to determine the presence of the
invasive alga Caulerpa taxifolia. The survey shall include a visual
examination of the substrate.
B. The survey protocol shall be prepared in consultation with the
Regional Water Quality Control Board, the California Department of
Fish and Game, and the National Marine Fisheries Service,
C. Within five (5) business days Of completion of the survey, the
applicants shall submit the survey:
for the review and approval of the Executive Director; and
to the Surveillance Subcommittee of the Southern California
Cavlerpa 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 taXifolia is found within the project or buffer areas, the
applicants shall not proceed with the project until 1) the applicants
provide evidence to the Executive Director that all C. taxifolia
discovered within the project area and all C. taxifolia discovered
within the buffer area have been eliminated in a manner that complies
COA)'TAL DEVELOPMENT PERMIT
�o5�-02-17
Page 6 of 7
with all applicable governmental approval requirements, including but
not limited to those of the California Coastal Act, or 2) the applicants
have revised the project to avoid any contact with C. taxifoliff. No
revisions to the project shelf occur without a Coastal Commission
approved amendment to this coastal development permit unless the
Executive Director determines that no amendment is legally required.
CONSTRUCTION RESPONSIBILITIES AND DEBLIS REMOVAL
The permittee shall comply with the following conStruction-related
requirements:
(a) No construction materials, eQuipment, debris, or waste shall be placed
or Stored where it may be subject to tidal and Wave erosion and
dispersion.
(b) Any and all debris resulting from construction activities shall be
removed from the site within 10 days of completion of construction.
(c) Machinery or construction materials not essential for project
improvements shall not be allowed at any time in the intertidal zone.
(d) Sand from the beach, cobbles, or shoreline rocks shall not be used for
construction material,
(e) If turbid conditions are generated during construction a silt curtain
shall be utilized to control turbidity.
(f) Measures shall be taken to ensure that barges do not ground and
impact eelgrass sites.
(g) Floating booms shall be used to contain debris discharged into coastal
waters and any debris discharged shall be removed as soon as
possible but no later than the end of each day.
(h) Non -buoyant debris discharged into coastal waters shall be recovered
by divers as soon as possible after loss.
(I) Reasonable and prudent measures shall be taken to prevent all
discharge of fuel or oily waste from heavy machinery, pile drivers, or
construction equipment or Power tools into coastal waters, The
applicant and applicant's contractors shall have adequate equipment
available to contain any such spill immediately.
Q) All stock piles and construction materials shall be covered, enclosed
on all sides, shall be located as far away as possible from drain inlets
and any waterway, and shall not be stored in contact With the soil.
(k) All debris and trash shall be disposed of in the proper trash and
recycling receptacles at the end of each construction day.
(1) The applicant shall use the least damaging alternative for the
construction of pilings and any other activity that will disturb benthic
sediments. The applicant shall limit, to the greatest extent
COASTAL DEVELOPMENT PERMIT
No. 5-02-174
Page 7 of 7
practicable, the suspension of benthic sediments into The water
column.
9. Location of Debris Disposal Site
The applicant shall dispose of all demolition and construction debris resulting from
the proposed project at an appropriate location. If the disposal site Is located
within the coastal zone, a coastal development permit or an amendment to this
permit shall be required before disposal can take place.
'10. Deed Restriction
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant
shall submit to the Executive Director for review and approval documentation
demonstrating that the landowner has executed and recorded against the parcel(s)
governed by this permit a deed restriction, in a form and content acceptable to the
Executive Director: (1) indicating that, pursuant to this permit, the California
Coastal Commission has authorized development on the subject Property, subject
to terms and conditions that restrict the use and enjoyment of that property; and
(2) imposing the Special Conditions of this permit as covenants, conditions and
restrictions on the use and enjoyment of the Property. The deed restriction shall
include a legal description of the entire parcel or parcels governed by this permit,
The deed restriction shall also indicate that, in the event of an extinguishment or
termination of the deed restriction for any reason, the terms and conditions of this
permit shall continue to restrict the use and enjoyment of the subject property so
long as either this permit or the development it authorizes, or any part,
modification, or amendment thereof, remains in existence on or with respect to the
subject property.
Dorument2 Printed on January 12, 2004
2094 S. C00st HIghway, #8
Lagvnd Beech, CA 92661
6 1 : 9 4 9 4 9 7 a 3 7 4
0 x ; 9 4 9 4 9 7 9 8 1 4
morris 5KOnderlan 8; Anoclates. A.I.A. A R r P I T V r' T C
DATE: 1/23/2004
TIME: 8:33 AM
TO. Tom Rossmiller
COMPANY: City of Newport Beach
PHONE: (949) 644-3041
FAX: ��) 723,05S9
CC. NIA
FROM: Gall Farnworth for Charlie Williams
Morris Skenderian & Associates
Tel: 949-497-3374
Fax: 949-497-9814
PROJECT. Anderson Residence
RE: Coastal Commission CDP
PAGE$: (8) Including this cover page
HARD COPY TO FOLLOW VIA MAIL- Yes x No
cornments:
For your review...
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CITY OF NEWPORT BEACH
3300 Newport Blvd. – P. 0. Box 1768
Newport Beach, Ca 92658-8915
(949) 644-3200
NOTICE OF EXEMPTION
To:
X — Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, Ca 95814
X_ County Clerk, County of Orange
Public Services Division
P. 0. Box 238
Santa Ana. Ca 92702
From: City of Newport Beach
Planning Department
3300 Newport Blvd.
P. 0. Box 1768
Newport Beach, Ca 92658-8915
(Orange County)
Date Received for filing at OPR:
Name of Project: Anderson Residence and adjacent City Beach Bulkhead Repair and
Replacement Project
Project Location: Newport Bay, Newport Beach
Specific: 2210 Channel Road and "M" Street Beach
Project Location -City: Newport Beach Project Location -County: Orange
Project Description: The bulkhead (98') at 2210 Channel Road is proposed to be
repaired in place. In order to protect the stability of the site, the highly corroded
bulkhead (29') on the City Beach at M Street will also be replaced in its current location.
Exempt Status: (check one)
— Ministerial (Sec. 21080(b)(1);15268);
— Declared Emergency (Sec. 21080(b)(3); 15269(a));
— Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
_X_ Categorical Exception. State type and section number: 15301 Class I (d)
— Statutory Exemptions. State code number:
— General Rule (Sec. 15061(b)(3))
Reasons why project is exempt: Restoration or rehabilitation of deteriorated
structures, facilities, or mechanical equipment to meet current standards of public health
and safety.
Name of Public Agency Approving Project: City of Newport Beach
Date of Approval: 1-23-04
Name of Person or Agency Carrying Out Project: Eric Anderson
Contact Person: Tom Rossmiller Title: Harbor Resources
Manager
Signature: Phone #(949) 644-3041 Date:1-23-04
2094 S. Coast Hlgh,,Y, #3
Laguna Be0oh, CA 9265 1
T e I : 9 4 9 - 4 9 7 - 3 � I A
ANA Fax: 949-497-�8 1 4
Morris SkOndericin &Associates, A.LA, A R C H I T E C T 8
1 of 1
DATE: 1/8/04
PROJECT, Anderson Residence
2210 Channel Road
Newport Beach
ATTENDERS: Lloyd Dalton, City of Newport Beach Public Works (LD)
Tom Rossmiller, City of Newport Beach Harbor Resources (TR)
Ergun Kunter, AEC Associates (EK)
Plazi Miller, Shellmaker, Inc. (PM)
Charlie Williams, Morris Skanderian & Associates (CW)
MEETING DATE: January 8, 2004
CC: Morris Skenderian (MS) and Erik Anderson (EA)
BY: Charlie Williams
The following items represent M$A's understanding of the Items discussed. Please comment an any
items that May be Missing Or incorrect.
---------------
-
Lloyd Dalton expressed his concerns regarding the sequence of construction and measures
r
taken to prevent the sand from 2210 and 2204 sliding into the channel upon commencement of
construction. An additional concern included sand
Info
seeping through the panel joints.
Plazi addressed Lloyd's concerns by outlining his construction methods and sequencing as
follows:
Info
Removal Of Panels - the soil behind the existing bulkheads will be laid back at a 3:1 slope
prior to removing any panels
Info
preventing sand from sliding into the channeIr Additionally,
the Panels Will be removed and replaced in groups so as not to leave the full length of the
property line exposed to the channel.
Joint Sealing — Each panel joint shall be constructed With a tounge and grove connection,
which is then grouted to seal the joint. Additionally, a rebar frame with filter fabric sewn
Info
around the frame shall be jetted in place tight up against the bulkhead at each panel joint
to prevent the Penetration
of sand through the joints.
Notes regarding the proposed construction sequence and joint Protection m"Sures shall be
provided on the plariSr
EK
Ergun shall be provided with a written narrative describing the Construction sequence,
To address the intersection of the new City bulkhead and the existing City bulkhead to the north a
note shall be added to the plans stating that a connection detail shall be
PM
EK
provided to the City upon
field conditions being uncovered.
Southern California Edison shall be contacted regarding the utility easement located on the City
property adjacent to the Anderson
CW
property.
All revisions, including Building Department corrections, shall be included upon resubmittsl,
Tom Rossmiller shall be Provided with an update on the Revocable Encroachment Permit.
EK/CW
EAICW
-End of Memo -
1 of 1
Eelgrass Survey Reporting Form
(Version 1.0, June 20, 2003)
This form is required to be submitted for any surveys conducted for the eelgrass, Zostera
1778rina, that are required to be conducted under federal or state permits and authorizations
issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been
designed to assist. in identifying eelgrass while ensuring that the required information is
consistently documented. Surveys required to be conducted for this species are subject to
modification through publication of revisions to the celgrass survey policy. It is incumbent upon
the authorized permittee to ensure that survey work is following the latest protocols. For farther
information on these protocols, please contact: Robert Hoffinan, National Marine Fisherigs
Service, (562) 9804043, or William Paznolcas, California Department of Fish & Game, (858)
467-4218).
Required Information
Site Name:
14 #�j " N EX -
(common reference)
Qawpole-t e4�A-e-l* C'm
Survey Contact.
rt
Kname, P one, e-mail)
Permit Referen e-
(ACOE Permit No,
.CCC Permit No.)
Hydrographie System -
(bay, estuary, lagoon, or
harbor)
Specific Location:
(UTK Lat,/Long., datum,
accuracy level, attach
electronic survey area map if
possible)
'Was Eelgrass
Yes, Eelgrass was found at this site,
I
Detected:
L —
No, Eelgrass was not found at this site.
-
PDescription of
/Q-T7Y1 C I -la S
pe-r—mitted W-ork:
1(describe briefly the work to
conducted at he site
Ile
under the Permits identified
above)
Description of Site:
(desci ibe the physical and
Depth range:
LA --P, 1F7 --
biological conditions within
the survey area at the time of
OAT
the survey and provide
insightinto variability, if
r3 IA -W
known. Please provide units
foralinumerical
information).
Substrate
I L -T- 0 U Or.. AV tj v
type:
Tcmperature:
7 0
Salinity:
Dominant
flora:
E6: -L
Dominant
fauna:
9,4KNA-CLES, Wvs�e,15
'T-14 11 % CA It, 5. e� r) etc V -
Exotic
Speer es
encountered:
Olhersi'e
de,verl tion
r1b n e—
note'q.
Description of Survey
Survey dale
ZOOB
Effort:
and time
(please describe the surveys
perio&
A -t> 0 0 (2 M,
conducted including type of
survey (SCUBA, remote
video, etc.) and survey
methods employed, date of
work, and survey density
(estimated percentage of the
bottom actually viewed).
Describe any limitations
encountered during the
survey efforts.
Eelgrass Survey Reporting Form (version I �0, 6/20103)
Horizontal
visibility in
L4
water:
Survey type
*SCMgA -SQ"e-I
and methods:
T e>LA-, W&A tj $4-C—Ts
ivwv,41�vko— nf 0C
Survey
*—F3rYj Pc,15on�
personnel:
Sul -Vey
densio;:
- _"
Survey
limitations:
t r In
"e formation
0 Other Information:
(use this space to provide
0
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any additional information or
"
ce a ac
references to attached
materials such as imnaps,
F_
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reports, ete.)
U ete
Eelgrass Survey Reporting Form (version I �0, 6/20103)
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2094 5� Cocist H]Ghwoy, #3
Loguno UeOC�, CA 92�51
T 0 1 : 9 4 9 - 4 9 7 - 3 3 7 4
AINA Fox: 949-497-98 1 4
Morris Skenderion & Associates, A.I.A. A R C H I T E C T 8
DATE: 6/412003
TIME: 3:55 Pm
TO.
COMPANY:
PHONE;
FAX:
CC:
Tom Rossmiller
723-0589
FROM, Charlie Williams
Morris Skenderian & Associates
Tel: 949-497-3374
Fax: 949-497-9814
PROJECT: Anderson Residence (2210 Channel Rd.)
RE: Bulkhead Alternatives
PAGES: (4) Including this cover page
HARD COPY TO FOLLOW VIA MAIL: Yes
commants;
Please call me to discuss further,
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9494979814
MSA ARCHITECTS
2094 5, Coast Highway, #5
Laguna Beach, CA 02657
7 0 1 9 4 9 4 9 7 3 3 7 4
F Q x 9 4 9 4 9 7 9 8 1 4
Morris Skenderiqn & Associctes, A.I.A, A R C H I T E C T S
TO:
Ergun Kunter
COMPANY:
AEC Associates
PHONE:
FAX,
(949) 252-9198
CC:
Plazi Miller
(949) 548-5315
Tom Rossmiller
(949) 723-0589
FROM. Charlie Williams
Morris Skenderian & Associates
Tel: 949-497-3374
Fax: 949-497-9814
PROJECT: Anderson - 2210 Channel Road
RE: Bulkhead Changes
PAGES� (3) Including this cover page
HARD COPY TO FOLLOW VIA MAIL: Yes X No
Comments:
PAGE 01/03
MTE: 6/4/2003
TIME: 1:24 PM
The following is a final draft of what I plan to submit to Coastal regarding bulkhead alternatives.
Please review and contact me with your comments.
06/04/2003 13:44 9494979814 MSA ARCHITECTS PAGE 02/03
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HarbResources D a I I
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FACSIMII E TRANSMITTAL
829 Harbor Island Drive
Newport Beach, CA 92663
949-644-3034
Fax 949-723-0589
Date: 8 11 WO -S
To: (�'howko– �WkaM5
From: —Iovy\
FAX #:' �-Jj] –
0 4 1
Harbor Resources Division
FACr- TMILE TRANSMI17A'
— ----------
829 Harbor Island Drive
Newport Beach, CA 92663
949-644-3034
Fax 949-723-0589
Date: Md
To: JvWA VPILJ Y\ Ldlkmo� efflm:tal e&Mkm%1O'11\
From: TO,/V\ ROS'Gh�lk\e
FAX #:
# of Pages: �1
(including cover page)
Comments:
CITY OF NEWPORT BEACH
Harbor Resources Division
829 Harbor Island Drive
Newport Beach, CA 92660
May 8, 2003
California Coastal Commission
Attn.: Meg Vaughn, Staff Analyst
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
Re.: Coastal Development Permit Application Number 5-02-174
Erik Anderson Residence
2210 Channel Road, Newport Beach, Orange County
Dear Ms. Vaughn,
The City of Newport Beach, Harbor Resources Division requested the City's Harbor
Commission to consider a request from the homeowner at 2210 Channel Road to rebuild
his bulkhead. After considering several options, the Harbor Commission approved on,
February 12, 2003, issuance of an Approval in Concept for the project as presented to the
Coastal Commission for further approval.
We recognize that the bulkhead will be built in its present location which is 3 and Y2 feet
bayward of the bulkhead line and which was previously permitted by the City of Newport
Beach in the late 1950's. This position provides for alignment with adjacent bulkheads
including a bulkhead on City property which is in poor condition. The homeowner has
proposed to rebuild the bulkhead on the adjacent City parcel and the City has concurred
with this proposal. The City is in the process of finalizing an Encroachment Agreement that
will formalize this concurrence. A draft of the Encroachment Agreement is attached. The
City is waiting to execute this agreement pending any special conditions that may be
imposed by action of your Commission.
The City of Newport Beach concurs in moving forward with this project and prefers to
coordinate the project with the property owner through the terms of the Encroachment
Agreement rather than sign the Coastal Development Permit Application as co -applicant.
Thank you for your assistance in processing this Coastal Development Permit. If you have any
questions, please call me at (949) 644-3041.
Sincer,ely,
Tom Rossmiller
Harbor Resources Manager
Attachment: Final Draft Encroachment Agreement
Cc: Charlie Williams, Morris Skenderian & Associates
Newport Beach Harbor Commission
Staff Report
February 12, 2003
TO: Harbor Commission
FROM: Tom Rossmiller, Manager of Harbor Resources
SUBJECT: Approval in Concept for 2210 Channel Road Bulkhead
RECOMMENDATION:
Select one of the following alternatives:
1. Deny the applicant's Approval in Concept (AIC);
2. Approve the applicant's AIC with modifications;
3. Approve the applicant's AIC; or
4. Take no action (which is, in effect, a denial of the AIC).
BACKGROUND:
Mr. Eric Anderson is planning to rebuild his home at 2210 Channel Road and upon
submittal of plans found that the existing bulkhead did not meet current building codes
and required replacement. A search of the Harbor Resources files found that the
bulkhead is currently located two feet seaward of the federally established bulkhead
line. Files also indicate that this seaward encroachment of the bulkhead was allowed by
the City of Newport Beach in the late 1950's apparently in an effort to replace a failing
wooden bulkhead that was built on the bulkhead line.
The Anderson property is adjacent to a City -owned beach, easterly of "N" Street that is
currently leased to the Balboa Peninsula Point Association for recreational purposes.
Northwesterly and adjacent to this beach is another recreational bay beach and pier that
is open to the general public. See aerial and oblique photos below.
Page 2
Aerial Overview of Proposed Project Site
The bulkhead fronting the parcel (2222 Channel Road) southerly and adjacent to the
Anderson property also extends seaward two feet beyond the bulkhead line. This
seaward encroachment of the bulkhead was similarly approved by the City of Newport
Beach in the late 1950's.
The applicant has requested that he be allowed to maintain the current two -foot
seaward encroachment for the new bulkhead to enable him to tie into the adjacent
bulkheads and avoid construction of wing walls to contain the fill on his property. The
applicant has submitted the attached statement of special conditions and hardships
(Aftachment A) that explain the practical difficulties of moving the bulkhead back two
feet.
In addition to his building and grading permits, the applicant needs a Harbor Permit for
this bulkhead reconstruction project from Harbor Resources. He'll also need an
"Approval in Concept" (or "AIC" also from the City) that he can take to the Coastal
Commission for Coastal Commission consideration of a Coastal Development Permit
(CDP) for this construction project. As the Commission is aware, Newport Beach does
not have an approved Local Coastal Program (LCP). The City's LCP Committee is
finalizing a draft of the proposed LCP for submittal to the Coastal Commission later this
summer. Until there is an approved LCP, the Coastal Commission must consider all
Newport Beach -area qualifying construction projects.
Page 3
I -
N79 -
Applicant's Bulkhead
Adjacent BPPA Bulkhead
Applicable Excerpts from the Harbor Permit Policy and Municipal Code
The City of Newport Beach Harbor Permit Policy, Section H, in reference to Bulkheads
states that "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." In addition the policy states, "Bulkheads shall be at the existing
height established for the area and shall be connected to adjacent bulkheads. In cases
where no adjacent bulkhead or bulkheads exist, a wing wall or wing walls shall be
constructed from the bulkhead landward adequate to contain the fill behind the
bulkhead. "
The Harbor Permit Policy provides for exceptions as follows: "Exceptions may be
approved by the Harbor Commission to any of the requirements and regulations set
forth if there are special circumstances or conditions affecting the harbor installations
that would impose undue hardship on the applicant, or a waterfront property owners
access to the water is impacted by a public works project, or if it would be detrimental to
the best interest of the City."
Page 4
Section 17.24.050 of the Municipal Code states: "The Harbor Resources Director and
Building Department are authorized to approve and issue permits for new structures
and for revisions to existing structures that conform to the provisions of this Code,
standard harbor drawings approved by the City Council, or harbor permit policy adopted
by the City Council.
A, The application shall be denied if.,
1. The application does not conform to the provisions of this Code,
standard harbor drawings approved by City Council, or the harbor
permit policy adopted by the City Council...
B. Appeals: Decisions by the Harbor Resources Director relative to Harbor
Permit applications may be appealed to the Harbor Commission ... The Harbor
Commission shall consider the appeal and render a decision within 45 days
or the next scheduled meeting of the Harbor Commission."
Section 17.24.070 of the Municipal Code states: "in granting any such application, the
Harbor Resources Director may impose conditions in the permit which are deemed
necessary to protect commerce, navigation or fishing or the use, operation or
development of Newport Harbor."
Conditions of the State of California Tide and Submerged Lands Grant
Chapter 74, Section 1-b of the Statutes of 1978, relative to the granting of tide and
submerged lands to the City of Newport Beach states "Except as otherwise provided in
this section, the city or its successors shall not, at any time, grant convey, give or
alienate the lands, or any part thereof, to any individual, firm or corporation for any
purpose whatever; except that the city or its successors may ... lease the lands or any
part thereof, for a period not exceeding 50 years for purposes consistent with the trust
upon which the lands are held by the state and with the uses specified in this section. "
Alternatives in Consideration of the Approval in Concept
With consideration given to the Municipal Code, Harbor Permit Policy, State Tidelands
Grant and adjacent property uses, following are the alternatives in response to the
applicant's request:
Deny the request for the AIC. Strict interpretation of the Harbor Permit Policy
requires that all bulkheads be constructed at or landward of the bulkhead line.
The late 1950's permission to extend beyond the bulkhead line was not
consistent with the terms of the State Tidelands Grant. According to the
Municipal Code, the Harbor Resources Director shall deny the request if it is
not consistent with the provisions of the Harbor Permit Policy. In
consideration to the applicant, this action was not taken because the Coastal
Development Permit for his home reconstruction is scheduled for the March
hearing of the Coastal Commission and the multirstep appeal process would
cause the item to be delayed to a significantly later date.
Page 5
2. Conditionally approve the AIC request to rebuild the bulkhead at its present
location two feet seaward of the bulkhead line. The Harbor Commission may
approve exceptions if there are special circumstances or conditions affecting
the harbor installations that would impose an undue hardship on the
applicant. Selection of this alternative would give consideration to the ability
of the applicant to tie the new bulkhead into the adjacent bulkheads without
the use of wing walls. The applicant has expressed a willingness to replace
the failing bulkhead on the Peninsula Point lease parcel to make this
alternative more feasible. If the failing bulkhead on the Peninsula Point parcel
is not replaced, then a wing wall may be required on this side of the property
to protect the applicant's fill. To meet the requirements of the State Tidelands
Grant, this alternative requires execution of an encroachment agreement for
the authority to encroach two foot beyond the bulkhead line. These
encroachment agreements typically allow the City an opportunity to revoke
them for any reason with appropriate notice to the permit holder.
3. Approve an AIC for reconstruction of the bulkhead on the federally
established bulkhead line. This alternative would set the new bulkhead two
feet back from the adjacent parcels and would require wing walls and related
impacts on adjacent properties during installation. The applicant has not
established the relative costs of alternatives 2 and 3.
4. Take no action. This alternative would result in the denial of the applicant's
request and further processing through the appeal process.
I recommend that the Commission approve Alternative #2, including requirements for
replacement of the adjacent bulkhead and compliance with an encroachment permit's
terms, consideration, and conditions. In my opinion, the applicant has established that
special circumstances of this application will create a hardship if he is required to move
the wall back two feet. The hardship would result not only to the applicant but also to the
two adjoining properties because the applicant would have to create wing walls where
none exist today and dig back into the property. The applicant's continued
encroachment of the additional two feet does not significantly detract from Harbor uses,
given its proximity to the Harbor entrance. The applicant proposes a public benefit of
improving a public bulkhead and agreeing to pay reasonable fee (to be determined via a
Harbor.Resources analysis of similar encroachments) for an ongoing encroachment, I
look forward to the Commission's input and decision in this matter.
Attachments: Hardship Statement
Request for AIC
Newport Beach Harbor Commission
Staff Report
February 12, 2003
TO: Harbor Commission
FROM: Tom Rossmiller, Manager of Harbor Resources
SUBJECT: Approval in Concept for 2210 Channel Road Bulkhead
RECOMMENDATION:
Select one of the following alternatives:
1. Deny the applicant's Approval in Concept (AIC);
2. Approve the applicant's AIC with modifications;
3. Approve the applicant's AIC; or
4. Take no action (which is, in effect, a denial of the AIC). t�at
—T LC,�,, �-Ijfij 3�fr-l-e�
a
BACKGROUND: W 1"', 0 1 t h) I rj\(-, IC 03 1 1�1 -z-
Mr. Eric Anderson is planning to rebuild his home at 2210 Channel Road and upon
submittal of plans found that the existing bulkhead did not meet current building codes
and required replacement. A search of the Harbor Resources files found that the
bulkhead is currently located two feet seaward of the federally established bulkhead
line. Files also indicate that this seaward encroachment of the bulkhead was allowed by
the City of Newport Beach in the late 1950's apparently in an effort to replace a failing
wooden bulkhead that was built on the bulkhead line.
The Anderson property is adjacent to a City -owned beach, easterly of "N" Street that is
currently leased to the Balboa Peninsula Point Association for recreational purposes.
Northwesterly and adjacent to this beach is another recreational bay beach and pier that
is open to the general public. See aerial and oblique photos below.
Page 2
Aerial Overview of Proposed Project Site
The bulkhead fronting the parcel (2222 Channel Road) southerly and adjacent to the
Anderson property also extends seaward two feet beyond the bulkhead line. This
seaward encroachment of the bulkhead was similarly approved by the City of Newport
Beach in the late 1950's.
The applicant has requested that he be allowed to maintain the current two4obt
seaward encroachment for the new bulkhead to enable him to tie into the adjacent
bulkheads and avoid construction of wing walls to contain the fill on his property. The
applicant has submitted the attached statement of special conditions and hardships
(Attachment A) that explain the practical difficulties of moving the bulkhead back two
feet.
In addition to his building and grading permits, the applicant needs a Harbor Permit for
this bulkhead reconstruction project from Harbor Resources. He'll also need an
"Approval in Concept" (or "AIC" also from the City) that he can take to the Coastal
Commission for Coastal Commission consideration of a Coastal Development Permit
(CDP) for this construction project. As the Commission is aware, Newport Beach does
not have an approved Local Coastal Program (LCP). The City's LCP Committee is
finalizing a draft of the proposed LCP for submittal to the Coastal Commission later this
summer. Until there is an approved LCP, the Coastal Commission must consider all
Newport Beach -area qualifying construction projects.
Page 3
Applicant's Bulkhead
Adjacent BPPA Bulkhead
Applicable Excerpts from the Harbor Permit Policy and Municipal Code
The City of Newport Beach Harbor Permit Policy, Section H, in reference to Bulkheads
states that "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. " In addition the policy states, "Bulkheads shall be at the existing
height established for the area and shall be connected to adjacent bulkheads. In cases
where no adjacent bulkhead or bulkheads exist, a wing wall or wing walls shall be
constructed from the bulkhead landward adequate to contain the fill behind the
bulkhead."
The Harbor Permit Policy provides for exceptions as follows: "Exceptions may be
approved by the Harbor Commission to any of the requirements and regulations set
forth if there are special circumstances or conditions affecting the harbor installations
that would impose undue hardship on the applicant, or a waterfront property owner's
access to the water is impacted by a public works project, or if it would be detrimental to
the best interest of the City."
Page 4
Section 17.24.050 of the Municipal Code states: "The Harbor Resources Director and
Building Department are authorized to approve and issue permits for new structures
and for revisions to existing structures that conform to the provisions of this Code,
standard harbor drawings approved by the City Council, or harbor permit policy adopted
by the City Council.
A. The application shall be denied if.,
1. The application does not conform to the provisions of this Code,
standard harbor drawings approved by City Council, or the harbor
permit policy adopted by the City Council...
B. Appeals: Decisions by the Harbor Resources Director relative to Harbor
Permit applications may be appealed to the Harbor Commission ... The Harbor
Commission shag consider the appeal and render a decision within 45 days
or the next scheduled meeting of the Harbor Commission. "
Section 17.24.070 of the Municipal Code states: "In granting any such application, the
Harbor Resources Director may impose conditions in the permit which are deemed
necessary to protect commerce, navigation or fishing or the use, operation or
development of Newport Harbor."
Conditions of the State of California Tide and Submerged Lands Grant
Chapter 74, Section 1-b of the Statutes of 1978, relative to the granting of tide and
submerged lands to the City of Newport Beach states "Except as otherwise provided in
this section, the city or its successors shall not, at any time, grant convey, give or
alienate the lands, or any part thereof, to any individual, firm or corporation for any
purpose whatever; except that the city or its successors may ... lease the lands or any
part thereof, for a period not exceeding 50 years for purposes consistent with the trust
upon which the lands are held by the state and with the uses specified in this section.
Alternatives in Consideration of the Approval in Concept
With consideration given to the Municipal Code, Harbor Permit Policy, State Tidelands
Grant and adjacent property uses, following are the alternatives in response to the
applicant's request:
Deny the request for the AIC. Strict interpretation of the Harbor Permit Policy
requires that all bulkheads be constructed at or landward of the bulkhead line.
The late 1950's permission to extend beyond the bulkhead line was not
consistent with the terms of the State Tidelands Grant. According to the
Municipal Code, the Harbor Resources Director shall deny the request if it is
not consistent with the provisions of the Harbor Permit Policy. In
consideration to the applicant, this action was not taken because the Coastal
Development Permit for his home reconstruction is scheduled for the March
hearing of the Coastal Commission and the multi -step appeal process would
cause the item to be delayed to a significantly later date.
Page 5
Conditionally approve the AIC request to rebuild the bulkhead at its present
location two feet seaward of the bulkhead line. The Harbor Commission may
approve exceptions if there are special circumstances or conditions affecting
the harbor installations that would impose an undue hardship on the
applicant. Selection of this alternative would give consideration to the ability
of the applicant to tie the new bulkhead into the adjacent bulkheads without
the use of wing walls. The applicant has expressed a willingness to replace
the failing bulkhead on the Peninsula Point lease parcel to make this
alternative more feasible. If the failing bulkhead on the Peninsula Point parcel
is not replaced, then a wing wall may be required on this side of the property
to protect the applicant's fill. To meet the requirements of the State Tidelands
Grant, this alternative requires execution of an encroachment agreement for
the authority to encroach two foot beyond the bulkhead line. These
encroachment agreements typically allow the City an opportunity to revoke
them for any reason with appropriate notice to the permit holder.
3. Approve an AIC for reconstruction of the bulkhead on the federally
established bulkhead line. This alternative would set the new bulkhead two
feet back from the adjacent parcels and would require wing walls and related
impacts on adjacent properties during installation. The applicant has not
established the relative costs of alternatives 2 and 3.
4. Take no action. This alternative would result in the denial of the applicant's
request and further processing through the appeal process.
I recommend that the Commission approve Alternative #2, including requirements for
replacement of the adjacent bulkhead and compliance with an encroachment permit's
terms, consideration, and conditions. In my opinion, the applicant has established that
special circumstances of this application will create a hardship if he is required to move
the wall back two feet. The hardship would result not only to the applicant but also to the
two adjoining properties because the applicant would have to create wing walls where
none exist today and dig back into the property. The applicant's continued
encroachment of the additional two feet does not significantly detract from Harbor uses,
given its proximity to the Harbor entrance. The applicant proposes a public benefit of
improving a public bulkhead and agreeing to pay reasonable fee (to be determined via a
Harbor Resources analysis of similar encroachments) for an ongoing encroachment. I
look forward to the Commission's input and decision in this matter.
Attachments: Hardship Statement
Request for AIC
Jan -31-03 02:31P Sh�llnnakev Inc 949 548 5315
ERIK K, ANDERSON
January 30,2003
Harbor Commission
Uty ofNewport Beach
XXX) Ncwpnrr H1vJ.
'Newport Beach, CA 92663
Re: Z210 Chatuicl Road, Newport Beach, CA 92663
Property Owners: Samantha and I �dk Anderson
Applimfion for permit to tebuildscawall
Dear Ladies and Cicnticmark:
I = writing to you a personal letter to accompany my formal request for 2 pennit to reconstruct the sea wall in
front of our howc, at 2210 Channel Road, Ile scawall currently protects my propetty against tides and wave
action and, was pcmiittcd in 1958 by the City of Newport Beach, The City has discovered. in its files, a copy of
the pennitted plans validating the seawall's current location. -1 am asking the Harbor Commission to simply let
me continue the existing, permitted use in its cutneni loeatiod, in accordance, with previous approvals.
Currently the seawall along my property and my neighbor's property to the south align. Another �eawgll that is
adjacent to and contiguous to my ptopetty to the North is on land leaned by the City to the peninsula Point
Association. My seawall contmetorShOlmAker I nc:�, has conducted a visual inspection of the Association's wall
and foural it to be in N Mate of disrepair, The wall is severeiy rusted causing band to lcak into the bay. In light
of that condition, it might be a liability to both the City and the A u5ociation, In addition to reconstructing my
seawall, I am willing to expand the project to include rebuilding the. Association seawall. lWher than making a
jagged will that is oul. of step with neighboring properties, rebuilding the iwo walls will create one attractive
Reatulcu,s wall ilicning my property with both my neighbors. I think thin provides a significant benefit to the
City; the City gets its own land improved and also avoids any hability and a safety havard in the ptoccss,
Relocating my seawall will create adverse affccts on the existing Association wall.
I
This seawall his remained, undisturbed arid without interference. or concern by the City since it wa, s built,
Seawalls not only protect Property, they can present an aesthetically ple"ing appearance and avoid potential
safety concem� as wc,11.1bis wall will not block or impede au�one's view, not will it create an eyes<,te. I know
that this Commission, urtdcr its rules, has the ability to Apptov4 my application for this harbor pennit and, to
the =tmt that it needs to, advise the City Couna. I also know that this body has the ability to reew the City
Manager's decisions.
57 JM1.r,()QRT DR3Y�,' NCWFURT HUACH, CA - 926(0
P110NE: (949) 76e,�1913 ER1K-SAM@Mi(:(;T.0HA2..NPT
P � DE5
Jan -31-03 02:32P Shellmaker- Inc 949 54B 5315 P�07
—2— January 30, 2003
I AM Writing this lcttcr fv)cn it personal viewpoint, my contractor, Shtl1m2ker And my Architect, Morris
Skenderion, can provide you with the technical jusdfications for why this seawall should remain where it is my
letter is written from the point of view of A harbor u5m, a landownex mid someone who wants to benefit the
City and make it A hener place by repairing and renovating t.wo seawalls.
Pleasc take All of diege points into account when you consider my applicadoft. I ihank you in Advance for your
courtesy. cooperation and attention.
ERIK ANDERSON
57 HFLCMIRT DRIVR NPWPOkl' REACH, CA - 92660
PlIONP, (049) 706-193.1 PRIK-�AM43SOCCLOBAL.NET
10f - / e
July 24, 2002
City of Newport Beach Harbor Resources
Aftn.: Tony Melurn
829 Harbor Island Drive
Newport Beach, CA 92660
Re.: 2210 Channel Road
Dear Tony,
Per our telephone conversation and your request, the following will provide additional
information regarding the reconstruction of the seawall at 2210 Channel Road.
The project is located at the intersection of L Street and Channel Road adjacent to and
directly to the west of the private beach. The City has required an analysis of the structural
integrity of the existing wall, in conjunction with our application for the construction of a new
house.
From discussions and investigation by our consultant team and in order to insure future
safety for the applicant, the neighbors and the beach going public, it is our judgment that
the wall could be repaired, however, replacement would be the most prudent solution.
As the wall is currently constructed, it extends approximately 3'-6" beyond and parallel to
the ocean ward property line and in alignment with our westerly neighbor, It is estimated
that the wall was constructed in the early fifties and has provided a substantial section of
property the homeowner has maintained and come to enjoy for many years. We are
requesting replacement of the wall in its current location.
In relocating the wall behind the property line, a significant amount of soil (190 cubic feet)
would need to be removed from the ocean ward portion of the site, which could
compromise the stability of the adjacent property. It would also create a 3'-6" offset from
the neighbors seawall. Our desire is to minimize any hazardous condition for the adjacent
neighbor and also retain a consistent line of wall with the neighboring property.
Should the wall be relocated, a 3'-6" return wall would need to be created to retain the
grade of the adjacent property. The grading, shoring and construction of the new wall will
not only impose additional cost, there may be other unintended consequences created by
the offset, i.e., debris concentration, tidal disturbances, destabilization of the adjacent
property etc.
Enclosed are photographs and a site plan to provide further clarification of the existing
condition. Upon your review please contact me to discuss this issue further and to clarify
the process by which our request can be facilitated. We hope that your review will result in
your concurrence that given the special circumstances unique to this site, the wall could
remain in its present location. Thank you for your time and consideration.
Sincerely,
Charlie Williams
shellmaker inc.
December 27, 2002
City of Newport Beach
Harbor Resources
829 Harbor Island Drive
Newport Beach, CA 92660
Attn: Tony Melum
Re: Anderson Residence, 2210 Channel Road
Dear Tony,
Enclosed are several photos of the seawall on city property north of the Anderson's
property. The city's wall is constructed of steel interlocking sheet piles driven into the
sand.
Amongst the problems with the city's wall are:
I . The wall is heavily corroded and has actually rusted through in the intertidal zone.
The only thing keeping the wall from leaking sand is that the caked rust has not yet
opened up and fallen.
2. The wall is obviously leaning seaward indicating that the tieback system has failed
or is failing.
3. The seal between the city's wall and the Anderson property has failed and sand is
leaking. The seal failure could cause loss of fill on the Anderson property.
4. The wood coping at the top of the city's wall is deteriorated as are the fastenings at
the top of the wall.
The city's wall is approximately 29' long. At $1,500.00 per lineal foot (today's
approximate cost) it would cost approximately $43,500.00 to replace this wall with a
modern concrete wall. This figure does not include the cost of design, permits, testing,
and inspection.
If you have any questions, please call.
Sincerely,
/,� " r, -
Lorenzo C. Miller
Vice President
875 B West 15th Street, Newport Beach, California 92663 Phone (949) 548-5359 Fax (949) 548-5315
General Engineering Contractors/License No. 561434/Marine Construction and Dredging
f tj I vv�
fa
0afthellmaker inclill
December 6, 2002
City of Newport Beach
Harbor Resources
829 Harbor Island Drive
Newport Beach, CA 92660
Attn: Tony Melum
Re: Anderson Residence, 2210 Channel Road
Dear Tony,
I want to thank you for meeting with me and my client, Eric Anderson, on
Wednesday. As you can see from the survey drawings of the lot, my client's
seawall was built over his property line. He was unaware of this when he bought
the property and only discovered it when he made plans to rebuild house and
subsequently the seawall. The seawall as it currently stands does not comply
with current building codes and needs to be replaced in order to meet current
codes.
My client is asking that he be allowed to rebuild his seawall along the existing
alignment. Based on the 1957 document that you found in the City records the
current placement of the wall was approved by the City.
Next to the Anderson lot is a park that is owned by the City and leased to the
Peninsula Point Association. It currently has a steel sheet pile bulkhead (that is
also built over the property line) that is in extremely poor condition.
The steel sheet pile wall has rusted completely thorough in the intertidal zone.
We removed large concentrations of this rust in this area on only one panel and
have determined that it is only a matter of time before the wall starts to leak sand
from the recreation area into the bay. Additionally, considering the age and
condition of the wall it is questionable as to the integrity of the tieback system.
Should this wall fail, Mr. Anderson's property will also lose soil into the bay.
On December 6, 2002, it was observed that the concrete seal between the
Anderson's wall was leaking water as the tide dropped. Additionally, another
area of the steel wall was observed to be leaking sand.
Mr. Anderson is requesting that in return for the City's approval to keep his
bulkhead in the current location that he will continue his wall and replace the City
bulkhead (at his expense) with a new bulkhead that meets today's current code
and height requirements. As you can see from the drawings we are actually
proposing that in order to make the wall smooth and to avoid jogs we are looking
875 B West 15th Street, Newport Beach, California 92663 Phone (949) 548-5359 Fax (949) 548-5315
General Engineering Contractors/License No. 561434/Marine Construction and Dredging
to pull the wall back on the north end of the property so there is no loss of
tidelands, but actually a slight gain.
I appreciate any help you can offer in this matter.
Sincerely,
Lisa E. Miller
cc: Erik Anderson
Harbor Resources Division
Memorandum
Date: December 20,2002
To: Robert Burnham, City Attorney
From: Tony Melum
Subject: 2210 Channel Place Bulkhead Replacement
1#417
Bob, as yol� recall,,?ppticant came in for a request to replace the existing
meering as part of the remodel2W of the whole side, including rebuilding of
the home. My first impression was, because the bulkhead was out beyond the
bulkhead line approximately two to three feet, we should go -16tad and
request that at this point in time, it weuW be the— I ad
back, and as I mentioned to you, this situation also has occurred with the
property to South of the subject property. In further research of the file, it
turns out that both of these bulkheads were built with City approval in the late
1950's and were allowed to be Mut? !1"e f eet,bigger than U.S. Bulkhead line
for whatever reason, I don't kno . Tfi6k'opti��nt` r ng that the
bulkhead be able to b4puilt where it was originally or another
reason he gets a little bit more land, but he hasn't really stated that. Number
two, it will line up with the property to the South, which is the permitted
bulkhead and it will also line up with the City's bulkhead to the North, which
contains a city owned beach, which we lease to ? Homeowners Association.
? the applicant is willing to rebuild the City's bulkhead adjacent to his
property? ? ? in place bulkhead, it is getting close to failing and he will be
willing to rebuild it, if the City could see its way clear to let him go ahead and
rebuild the bulkhead where it was permitted. I know we discussed this
before, but it has sort of taken on a new wrinkle and I just wanted to know if
this changes your opinion on whether we should allow him to replace it as it
was originally permitted, or require him to pull it back.
I 04,x ,
ANDERSON SEAWALL
2210 CHANNEL ROAD
NEWPORT BEACH, CA
AERIAL VIEW OF SEAWALL:
VIEW OF SUBJECT SEWALL AND ADJACENT NEIGHBOR:
Morris Skendenan and Associates
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DETERIORATED WOOD COPING AND TOP OF WALL LEANING SEAWARD
FASTENINGS AT TOP OF WALL INDICATING FAILING TIE BACKS
SAND LEAKING AT JOINT BETWEEN
STEEL WALL ON CITY PROPERTY AND
CONCRETE WALL ON ANDERSON
PROPERTY
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FEB 03 2003 1:36PH HP LASERJET 3200 P.2
CITY OF NEWPORT BEACH
CITY or
MWMff @Lfn
ww Maml.o
my
ee� %®r
PROJECT ba7
TYPICAL BULKHEAD SECTION
SITE JEM
NTS
CIS?
VICINITY
SOUNDINGS ARE EXPRESSED IN FEET AND
MAP
DONATE 9LEVATIONS BASED ON MEAN LOWER
NTS
LOW WATER
EXISTING WALL
TIE -BACKS TYP NEWSEAVVjl�.L
DEAD"N
N67'�1-51' E-100.00,
SEAWALL
NEMEXISTING
DMMAN
n
TiE-BACKS P
w
z
LLA
iL
00)
N 730 13'30- E 100,00.
PLAN VIEW
NTS
I APPU ANTS NAME' ERIK ANDERSON I LOT: A OF LOT 2,2, LOTS 23 & 24, AND POR. LOT M
BLOCK. P TRACT 51a
JOBADDRESS: 221UUMANNUMOAD CONTRACTOR: ZHELLMAKERINC.
DATE:
NEWPORTSEA 875 8 WEST 16� STREET
D2/05/03
NEWPORT BEACH, CA 92663
Jan -31-03 02:31P Shellnnak�� Inc
949 548 5315 P.05
WORXSH' POR BUILDING PERMIT APPLY TION
CITY OF NEWPORT BEACH
PLEASE PRINT BUILDING & PLANNING DEPARTMENTS
I,PR70JECT ADDRESS (�NOT MAILING
IF2210 Channel
ADDRESS)
FLOOR
SUITE NO.
ZIP
Roadr New�ort Beac�)
92661
61
LEGAL DESCRIPTION
!=026
ETRACT
LOT ��Z2�22, BLOCK P
CT 5:
518
No. UNITS
-DESCRIPTION OF WORK remove
ane replace approx,
98' Of seawall and
f6 I Of
rElturn wall
ESTI
E E XISTING STRUCTURE SQ.FT. N7A
G 'Sq
[2
PROPOSED NEW / ADDITIONAL SQ.
FT, N/A
NE:
W ADD ALTER
DEMO
OTHER
U L)SE 0 S
SE OF STRUCTURE R as j d e n c e
No. OF STORIES
3.OWNERIS NAME LAST
FIRST
PHONE NO.
Anderson
ErDc
(�149)706-1932
OWNER'S ADDRESS
CITY
STATE
ZIP
11, lu,:, Chateau Roya.10
Newport Beach
CA
92663
4.APPLICANTIS NAME LAST
FIRST
PHONE No.
ellma;cer T.1c.
(949)548-5359
APPLICANT'S ADDRESS
CITY
STATE
ZIP
875 B We,,;t 15tb Street
Newport Beach
CA
92663
S-ARCHITECTIS NAME LAST
FIRST
STATE LIC. NO.
Morris Skenderian & Associatus
C5703
ARCHITECT'S ADDRESS
CITY
STATE
IP
PHONE NO.
2094 S. Coast F11,1hway
Laguna BE�ac
CA
2651
(949)497-33374
6.ENGINEERIS NAME LAST
FIRST
STATE LIC. No.—
REC Assoc;ates Kunter
Ergun
1878
ENGINEER'S ADDRESS
CITY STATE
ZIP
PHONE No,
269, Pichter Avenun, Suite 110
Irvine CA
92606
(949)2:�5?-9188
7.CONTRACTOR'S NAME
LIC. CLASS
STATE LIC, No.
Tnc.
A&P
561434
CONTRACTOR'S ADDR��SS
CITY
STATE
ZIP
PHONE NO.
875 3 Wet;t 15th 91 reet
N�I-w ort Pch
CA
92663
(949)548-5359
UUjnPtuN1 kamh (ar clirferent)
OFFICE USE ONLY
TYPE OF CONSTRUCTION
OCCUPANCY - GROUP
CLASS CODE
NEWPORT BUS. LIC. NO.
BT0009706
White; Sultding bopt Yatl6w: Cashier Pink: Applicant
PERMIT NO.
PLAN CHECK RO�.--
PLAN CHECK FEE $
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
BUILDING DEPARTMENT - (949) 644-3288
FEE RECEIPT
Date Plan Check No.1 M�-260--� Received By:—b�
z 3 C K Plt) �-rl L- r�-Z
Received From I Job Address
Building Plan Check ............. ........ ........... ..................................
2900-5002
Harbor Resource Plan Check (Building) ......................................
2900-4627
Zoning Plan Check .......................... ............................................
2700-5003
Grading Plan Check ................. ...................................................
2900-5004
FirePlan Check .............................................................................
2330-5055
Electric Plan Check .......................................................................
2900-4612
Plumbing Plan Check ........... ........................................................
2900-4616
Mechanical Plan Check .................................................................
2900-4618
Harbor Resources Plan Check ................ 1:.Sl ..................................
2370-4654
$ (L/ G
Overtime Plan Check - Building ............................................
...... 2900-5023
Overtime Plan Check - Grading ...................................................
2900-5004
Overtime Plan Check - Planning ..................................................
2700-5003
Preliminary Code Compliance Review .........................................
2900-5002
Reinspection B E M P/Special Inspection .....................................
2900-5008
Reinspection Fire ................................. ........................................
2330-5050
Temporary Certificate of Occupancy .............................................
2900-5008
Underground Utilities Waiver ......................................................
010-2225
Energy Compliance .................................................................
2900-5017
Planning Department Fees .................. ... ... I .............
I— ... I ..... I I ....... 2700-5000
Sale of Maps & Publications (Planning) .......................................
2700-5812
Determination of Unreasonable Hardship ...................
............... 2900-5018
Copies/ Misc ........ ......................................................................
2900-5019
Records Mana�ement Fee .............................................................
010-2263
$
Other (Specify) � ............ ...................................
PAID
AUG 14 2002
67
.............. I ......
TOTAL FEES $
Fee Receipt No.
NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL
(f\feerept.11/00) 3300 Newport Boulevard, Newport Beach
I Y UF NEWPORT BEACH
TITY OF
, �un
P)�c
IFIc— El
occl�N pw --..Z
F"9,p 3 E 4 T'
vi rc _;
TYPICAL BULKHEAD SECTION
Z7Ty S*y
N GS ARE EXPRE SSED IN F E E T AND
f SOUNOJNGS ARE EXPRESSED IN FEET AND
DONATE ELEVATIONS EASED ON MEAN LOWER
LOW WATER
12. �0)
g,
A—
TYPICAL BULKHEAD SECTION
Z7Ty S*y
N GS ARE EXPRE SSED IN F E E T AND
f SOUNOJNGS ARE EXPRESSED IN FEET AND
DONATE ELEVATIONS EASED ON MEAN LOWER
LOW WATER
PLAN VIEW
NTS
il CA NA E ERIKAIIDER _L707T: Y� OF LOT 2222, �LOCTS 23 � 24 AND FOR, LOT M
D �N S )N
TS M S�
�IJDRI:Sb: 2210 �CHANNEJL RCOAD . ...... I Ont"MAM-N INC.
NEWPORT BEACH. CA 92661 1 875 B WEST 15T�l STREET DATE:
I NEWPORT BEACH CAWRill 08/07/02
g,
A—
I- �18
. . ..... ...
PR�0$60 FWPRW .......
— 7�z.
WT
—
77,
—t�—
lop.
PLAN VIEW
NTS
il CA NA E ERIKAIIDER _L707T: Y� OF LOT 2222, �LOCTS 23 � 24 AND FOR, LOT M
D �N S )N
TS M S�
�IJDRI:Sb: 2210 �CHANNEJL RCOAD . ...... I Ont"MAM-N INC.
NEWPORT BEACH. CA 92661 1 875 B WEST 15T�l STREET DATE:
I NEWPORT BEACH CAWRill 08/07/02
I- �18
— 7�z.
L
—
77,
—t�—
lop.
PLAN VIEW
NTS
il CA NA E ERIKAIIDER _L707T: Y� OF LOT 2222, �LOCTS 23 � 24 AND FOR, LOT M
D �N S )N
TS M S�
�IJDRI:Sb: 2210 �CHANNEJL RCOAD . ...... I Ont"MAM-N INC.
NEWPORT BEACH. CA 92661 1 875 B WEST 15T�l STREET DATE:
I NEWPORT BEACH CAWRill 08/07/02
LEASE AGREEMENT
BETW10,;N THE
CITY''OUNOWPORT WCH
AND THi
BALBOA PENINSULA MAT AS36CIATION
_01 street
Q
THIS LEASE AGREEMENT enteTed into this'12,_ day of
1969, by aid between the CITY OF NEWPORT BEACH, a
municipal corporation, hereinafter called "City" and the BAIZO)A
PENINSULA POINT ASSOCIATION, a California non-profit corporation,
hereinafter called "Association":
RECITALS:
City is the Owner of a certain parcei of land located
in the City of Newport Beach on the Balboa Peninsula at the foot
Of "N" Street, which property has been leased to the Balboa
Peninsula Point Association by City pursuant to an agreement dated
November 28, 1949, which will expire on November 30, 1969. The
Association has constructed improvements on said property, and
has complied with all terms of the existing agreement, The
Association has requested that the City Council authorize an
extension of the present lease, and.the City Council is willing
to do an on the basis of the following terms and conditions:
NOW, THEREFOM1,1T IS AGREED between the parties hereto
as follows:
TERM. City bureby leases to the Association all
that certain rea 1 property lying in the City of Newport Beach,
legally described as follows:
Lot 43, Tract 756, City Of We port Beach,
County of Orange, State of California, as
shown on a.map recorded in Book 23, pages 7
and 8, Miscellaneous Maps, records o!
Orange County,
L
for an indefinite term extending from year to year, subject to
.termination at any time, without cause, by either party, said
termination to be effective 90 days from the date of mailing
written notice of cancellation.
2. USE. The Association agrees to use said land solely
.... ..... for recreational purposes and riot to permit any commercial use of
said land. However, the Association may charge its members a
small , reasonable annual fee for use of the land.and improvements.
The Association further agrees to permit any person who is a perma-
neo�t.or temporary resident of the Balboa peninsula area extending
easterly from Main Street to join the Association on identical
terms with other members without regard to race, creed, nationality
or whether they own, rent or lease their place of residence.
3. DRROVEMENTS. The Association agrees that it shall
riot make, erect, cons . truct or otherwise place upon said land any
improvement, building, structure or permanent facility of any
kind, without first obtaining the written consent of the City.
The Association further agrees that all improvements of a permanent
nature which become affixed to the property shall become the
property of the City.
(P MAINTENANCE. The Association agrees to maintain
said land and ail in*ip rove ments thereon in good condition and
repair at all times during the term of this lease.
5. HOLD HARMLESS. The Association agrees to indemnify
and hold harmless the City-, it� officers and employees against and
from arty and all claims, demands, actions, judgments or liability
of every kind and nature arising out of or related to the
Associatioi:,i's occupation and use of said property, and tile
Association shall reimburse the City for any costs and expenses
Incurred by City in defending any such claim, demand or action,
including any attorneys' fees, court costs or other expenses
incurred by the City.
-2-
3
6. LIABILITY INSURANCE. The Association shall file
with the City C16rk' 'and sifts�111'�hereafter during the term of
the lease'maintain in full force and effect, at its own expense,
a general comprehensive liability insurance policy which shall
insure the City, ita officers and employees against liability ill
the amount A $500,000 combined single limit per occurrence for
bodily injury and property damage. The policy shall name the
City, its officers and employees as additional insureds, and
shall contain a provision that a written notice of any eancella-
tiun, modification or reduction in coverage of said policy shall
be delivered to the City Clerk thirty (30) days in advance of
the effective date thereof.
7. ASSIGNMENT. This lease shall not be subject to
assignment.
8. CANCELLATION OF EXISTING LEASE. The lease agreement
between the City and the Association dated November 28, 1949, is
hereby canceled as of the'effective date of this agreement.
CITY OF NEWPORT BEACH
APPROVED AS TO FORM, Mla r
ATTEST:
-f /41 UZ
City e
CI�y
BALBOA, PENINSULAPOWNT ASSOCIATION
By:
----------
I
By:
ja4-Ll—
ASSOCIATION
THS:dh
7 /1 A /6Q
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92659-1768
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2003-0_)
THIS AGREEMENT is made and entered into this day of
2003, by and between Erik Anderson, (hereinafter "OWNER"), and the
City of Newport Beach, California, a municipal corporation organized and existing under and
by virtue of its Charter and the Constitution and the laws of the State of California, (hereinafter
"CITY"). OWNER.is the owner of property located at 2210 Channel Road, Newport Beach,
CA 92663, and legally described as (Multiple Lots, including a portion of one or more lots, Lot
22-24&M; Block: P; City: Newport Beach; Tract Number: 518; Recorder's Map Reference:
MP17 PG33-36 recorded in Miscellaneous Maps in the office of the County Recorder of
Orange County, California (hereinafter "PROPERTY").
W I T N E S S E T H:
WHEREAS, OWNER desires to demolish and reconstruct an existing seawall/bulkhead,
constituting non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within
the western border of the main channel of Newport Bay, which constitutes tidelands owned by
CITY in trust as granted by the State of California pursuant to Legislation authorized by
Chapter 74 of the Statutes of 1978, (hereinafter "TIDELANDS".) The PERMITTED
IMPROVEMENTS occupy a portion of Newport Bay comprising dimensions of �feet and
'b inches, and more particularly described as follows (Needs legal description of area of bay
that seawall encroaches upon as per survey)
1
WHEREAS, CITY owns beach property adjacent to the Property with a seawall
continuou s to OWNER's existing seawall/bulkhead, ('CITY BULKHEAD") which seawall is in
need of repair or replacement.
WHEREAS, owner has need to "tie in" the PERMITTED IMPROVEMENTS to either an
adjoining seawall or a newly constructed wing wall along Property lines.
WHEREAS, IN February 12, 2003, Newport Beach Harbor Commission approved
OWNER's request to reconstruct the PERMITTED IMPROVEMENTS as authorized CITY
Council Policy H-1 provided that OWNER agree, and be permitted to reconstruct the on CITY
BULKHEAD at OWNER's own cost and expense.
WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with
CITY'S ability to construct, operate, maintain, and replace CITY and other public facilities and
improvements within TIDELANDS; and
WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment
of the conditions required by CITY to permit OWNER to reconstruct and maintain said
PERMITTED IMPROVEMENTS.
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree
as follows:
1 It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a
seawall/bulkhead, together with all structural caissons, tiebacks, concrete footings and related
walls and other revetments, in the right-of-way as shown on EXHIBIT "A" attached hereto and
particularly described in plans dated_, approved by the Public Works Department.
In addition, the proposed PERMITTED IMPROVEMENTS may vary at the time of construction,
Hence, any changes must be approved by the Public Works Department and shall be shown
on the "As Built" plans.
Z CITY will permit OWNER to construct, reconstruct, install, maintain, use,
operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances
incidental thereto, within a portion of TIDELANDS, all in substantial conformance with plans
and specifications on file in the CITY. CITY will further allow OWNER to take all reasonable
measures necessary or convenient in accomplishing the aforesaid activities.
F,
3. As and for consideration for the release of any liability for fair rental value of the
applicable TIDELANDS area for the life of the PERMITTED IMPROVEMENTS or 50 (fifty)
years whichever comes first, Owner agrees to repair and reconstruct the CITY bulkhead
contiguous to the PERMITTED IMPROVMENTS. All parties agree that the scope and extent
of the repairs and reconstruction shall be at the expense of Owner, and designed and
constructed according to plans and specifications approved by CITY. All parties further agree
that any and all liability for injury, damage, destruction, or any other civil remedy shall inure to
Owner on1v during the actual construction of the CITY bulkhead. Upon issuance of a final
permit to Owner, CITY shall thereupon assume any and all liability of any ki ' nd or nature with
regard to any injury or damage to any third party arising out of or in connection with the
construction of the CITY bulkhead. Any and all further obligations to maintain or otherwise
operate the CITY bulkhead shall thereupon transfer to CITY.
4. Rights granted under this Agreement may be terminated by CITY at any time by
giving six (6) month's notice, specifying in said notice the date of termination. CITY shall incur
no liability whatsoever in the event of the termination of this Agreement, and subsequent
removal of improvements by CITY.
5. OWNER and CITY further agree as follows:
a. OWNER may construct and install PERMITTED IMPROVEMENTS and
appurtenances incidental thereto, in substantial conformance with plans and specifications
therefore on file in the CITY's Public Works Department, and as described on Exhibit "A"
hereto attached.
b. OWNER shall maintain the PERMITTED IMPROVEMENTS in accordance
with general prevailing standards of maintenance, and pay all costs and expenses incurred in
doing so. However, nothing herein shall be construed to require OWNER to maintain, replace
or repair any CITY -owned pipeline, conduit or cable located in or under said PERMITTED
IMPROVEMENTS, except as otherwise provided herein.
C. If City or other public facilities or improvements are damaged by the
h
installation or presence of PERMITTED IMPROVEMENTS, OWNER shall be responsible for
the cost of repairs.
3
d. That should CITY be required to enter onto said TIDELANDS to exercise
its primary rights associated with the TIDELANDS, including but not limited to, the
maintenance, removal, repair, renewal, replacement or enlargement of existing or future public
facilities or improvements, CITY may remove portions of the PERMITTED IMPROVEMENTS,
as required, and in sudh eveft
(i) CITY shall notify OWNER of its intention to accomplish such work,
if any emergency situation does not exist.
(ii) OWNER shall be responsible for arranging for any renewal,
replacement, or restoration of the PERMITTED IMPROVEMENTS
affected by such work by CITY.
(iii) CITY agrees to bear only the cost of any removal of the
PERMITTED IMPROVEMENTS affected by such work by CITY.
(iv) OWNER agrees to pay all costs for renewal, replacement, or
restoration of the PERMITTED IMPROVEMENTS.
5. OWNER acknowledges and agrees that this Agreement may in the future be
superseded by Harbor Policies or other policies requiring a lease or other agreement for the
PERMITTED IMPROVEMENTS. OWNER agrees to enter into any such agreements
applicable to the PERMITTED IMPROVEMENTS.
6. OWNER acknowledges and agrees that the authority granted by this Agreement
is subject to OWNER first obtaining an Encroachment Permit from Public Works Department
and all other required building permits, Harbor Permits, or other permits from other local, state
or federal agencies necessary to construct the PERMITTED IMPROVEMENTS and the CITY
BULKHEAD on CITY p roperty, CITY agrees to cooperate with OWNER to sign any required
applications for any permits related to reconstruction of the CITY BULKHEAD.
7. In the event either party breaches any material provision of this Agreement, the
other party at its option may, in addition to the other legal remedies available to it, terminate
this Agreement, and, in the event the breaching party is OWNER, CITY may enter upon the
TIDELANDS and remove all or part of the improvements installed by OWNER. Termination
because of breach shall be upon a minimum of sixty (60) days' written notice, with the notice
specifying the date of termination. In the event of litigation, commenced with respect to any
term of condition of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees and costs incurred.
8. OWNER shall defend, indemnify and hold harmless CITY, its City Council,
boards and commissions, officers and employees from and against any and all loss, damage,
liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees
(when outside attorneys are so utilized), arising from or in any manner connected with the
design, construction, maintenance, or continued existence of the PERMITTED
IMPROVEMENTS.
9. OWNER agrees that this Agreement shall be recorded against the PROPERTY
in the Official Records of the County Recorder of Orange County, California. OWNER further
agrees to execute and record, contemporaneously with this agreement, a Request for Special
Noticein favor of CITY, reflecting OWNER'S desire to give CITY notice of any foreclosure
under private power of sale brought against PROPERTY.
10. OWNER agrees that this Agreement shall remain in full force and effect from
execution thereof; shall run with the land; shall be binding upon the heirs, successors, and
assigns of OWNERS' interest in the land, whether fee or otherwise,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written.
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
0
OWNER:
M
61
City Manager
ERIK ANDERSON
OrderNo. @
Escrow No. @
Loan No. @
WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDERS USE
Request For Notice Under Section 2924b Civil Code
In accordance with Section 2924b, Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any
Notice of Sale under the Deed of Trust recorded as Instrument No. @, on @, 19@, in Book @, Page @, Official Records of
@ County, California, and describing land therein as
N
executed by @, as Trustor, in which @ is named as Beneficiary, and @, as Trustee, be mailed to
at @, (Number and Street)
@ (City and State)
NOTICE: A COPYOF ANY NOTICE OF DEFAULTAND OFANY NOTICE OF SALE WILL BE
SENT ONLY TO THE ADDRESS CONTAINED IN THIS RECORDED REQUEST. IF YOUR
ADDRESS CHANGES, A NEW REQUEST MUST BE RECORDED.
STATE OF CALIFORNIA
COUNTYOF
ME
personally
before me,
personally known to me (or proved to me on die basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within.instrument and acknowledged to me that
he/she/they executed the same in hiAer/their authorized
capacity(ics), and that by hiAer/dieir signature(s) on the
instrument the peison(s) or the entity upon behalf of which the
person(s) acted, executed the instrument
WITNESS my hand and official sea].
Signature
n1is area for official notarial seal)
1168(1/94)
Iss
@
n1is area for official notarial seal)
1168(1/94)
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE
On 200, before me,
personally appeared personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they has executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE
On
personally appeared
200, before me,
(This area for official notarial seal)
personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they has executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)
2094 S. COOST H193hWay, #3
Loguna BeCloh, CA 92651
T e I : 9 A 9 - 4 9 7 - 3 5 7 4
ANA FOX: 949-497.9$ T4
Morris Skenderian &Associates, AJ -A, A R C H I T E C T S
DATE;
TIME:
TO: Lloyd Dalton
COMPANY, City of Newport Beach Public Works
PHONE: 644-3328
FAX, 644-3318
CC: Tom Rossmfller
(949) 723-0589
Lorenzo "Plazi" Miller
(940) 548-5315
Ergun Kunter
(949) 252-9198
FROM.' Charlie Williams
Mords Skenderlan & Associates
Tel: 949-497-3374
Fax: 949-497-9814
PROJECT, 221OChannelRoad
RE- 1/8/04 Meeting
PAGES: (2) Including this cover page
HARD COPY TO FOLLOW VIA MAIL: Yes X No
Comments:
Please review the following...
118/2004
2:45 PM
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.
.nnnsed Development: '[7,move- '3113 ITPRT
LGan.eral Dqscril:)tion of Prop
X I I \1k
.ax�s . �z /11
In ii1jiA ZV a A011 &yx
Propert�y Address: -'i-' A RRA
Legal Description:
Number: 102 -?,?J0
Applicant: AyicjQx---j0jv-\
Applicant's Mailing Address: Ph;qtea6 &Y�(Q
Phone Number: (9qq) I -70(b -
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 .... ..
..........
* They comply with the current adopted Newport Beach General Plan, Zoning
Ordinance, Subdivision Ordinance and any applicable specific or precise plans or
* That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning
Ordinance or other regulation's 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 of 1970, and state and
local guidelines adopted thereunder, this development:
Has been determined to be ministerial or categorically exempt.
Has received a final Exemption Declaration or final Negative Declaration
(copy attached).
* Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
building permit have been given and are final. The development is not subject to
rejection in principal by Newport Beach unless a substantial change in it is proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach.
1��241��
Kirector
Signature:
Print Name/Title:
Date:
Attachments:
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Page 1 of I
Rossmiller, Tom
Dear Ladies and Gentlemen:
Per my client's conversation with Tom Rossmiller of the Harbors Department of the City today, I attach the final draft of the
revocable Encroachment Permit. It reflects the City's changes limiting the life of the permit to 50 years or the destruction of the
work of improvement; we have a.lsq.agreed to prepare and record a Request for Notice to advise the City formally in the event of a
foreclosure, and we have added language requiring my client to obtain a Harbor Permit as well.
I note that the document requires the signature of the City Attorney and the City Clerk rather than for Mr. Rossmiller.
Perhaps he can either authorize the City clerk to sign it or simply sign it on behalf of the City Clerk. I thank everyone for their
patience and cooperation; I will stand by to do whatever I can to facilitate this document getting signed. PAUL WEINBERG
PAUL J. WEINBERG
ATTORNEY AT LAW
18201 Von Korman Avenue, Suite 1160
Irvine, California 92612-1099
Phone. 949.553.0500
Fox. 9A9.474.0529
E-mail. office@piwmadicttion.com
Web site. www.piwmadiclion.com
'06/2003
DRAFT
California Regional Water Quality Control Board
Santa Ana Region
Aftn.: Adam Fischer, 401 Coordinator
3737 Main Street, Suite 500
Riverside, CA 92501-3348
Re.: 2210 Channel Road
Dear Adam,
Per our telephone conversation and your notice of incomplete application you had requested
additional information regarding our submittal. Please review the following:
CEQA Notice of Exemution Form
As outlined in our Approval in Concept form. submitted with our initial submittal, the
development has been determined to be categorically exempt by the City of Newport
Beach per section 15304 "Minor Alterations to Land" and 15305 "Minor Alterations in
Land Use Limitations". However, at the present timelhe city has elected not to file th
challenge for 180 days
Storm and Pool Water Drainag
Storm Water— The storm water accumulated on site shall be dispersed to permeable surfaces
such as lawns and planters, Excessive storm water not absorbed by the permeable surfaces will
be collected by area and trench drains that will carry water through drain lines, perforated were
appropriate to allow additional absorption on site, to a pump located near the mid point of the
South property line. The pump shall direct storm water to the street to prevent water from being
discharged to the bay.
Pool Water — The water discharged by the pool equipment shall be connected to the sewer to
prevent water from being discharged to the bay.
Additional fees
The additional fees of $1,250 as requested shall be issued to you directly by the property owner
via mail.
The items as outlined above should address your concems and fulfill the remaining items
required to complete our current appliration. Please contact me with any additional questions.
Regards,
I Deleted; it is not City policy to file a
NoVce of Exemption from with CEQA
or the County Recorder's office The
City currently uses the Approval in
Concept to" to document
exemption. As a result I am unable to
provide the form you have requested
Should you need additional evidence
of City policy pNease contact Patty
Temple. City of Newport Beach
Planong Director (949) 644-3228
r Formatted: Font: 10 fit
05/08/20133 12:27 9494979814 MSA ARCHITECTS PAGE 01
2094 S. Coust Highway, #3
Laguno Becch, CA 92651
T 9 1 : _ 3 3
9 4 9 4 9 7 3 3 7 4
AROA F 0 X : 9 A 4 9 7 9 6 1 4
Morris Skenderion & Associates, A.I.A. A R C H I T E C T 6
KDATE: 6/812003
TIME: 12:14 Pm
TO:
Meg Vaughn
COMPANY.
California Coastal Commission
PHONE:
(562) 590-5071
FAX.
(562) 590-5084
Tom Rossmiller
723-0589
Erik Anderson
723-1750 - Call first
FROM., Charlie Williams
Morris Skenderlan & Associates
Tel: 949-497-3374
Fax: 049-497-9814
PROJECT: 221OChanneiRoad
RE, Bulkhead
PAGES: (4) Including this cover page
HARD COPY TO FOLLOW VIA MAIL: X Yes No
Comments;
The following is our response to your recent letter regarding outstanding bulkhead questions,
To get you a COPY of the photo mentioned in my letter today I will issue an email with the photo
attached. I will forward the hard copy of the letter and photograph via FedEx to insure it arrives
at your office by 5/9/03 as requested. Tom Rossmiller will forward the City's correspondence
via fax and follow by mail as well,
05/08/2003 12:27 9494979814 MSA ARCHITECTS PAGE 02
Morris Skenderldn Me
& A890claites; A.I.A, y 8, 2003
A R C H 1 7 E C, I.$ CalifOrnia Coastal ComTiiss ion
Attn.: Meg Vaughn; Staff Analyst
2094 S, Coast Hlghwoy
Loguncl Beach, CA 92651
Tel.; 9A�._497-3374
FOX: 949-497-9�14'
MsaQrchltec,s.CoM
-200 Ocearigate,�Suite'1000
Long Beach, CA 908024302
Re,: Coastal Developme4 Permit A"pplicat�ion Number 5-02-174
Erik Anoerson Residence
2210 Channel Road" Newport Beach, OrInge County
'bear.Ms. Vaughn,
The following is i� response to your letter dated May 1 2003 regarding . 'questions y6u
have about the proposed bulkhead,
rEngineerb Assessment
de_locad�n of Sulkhead Inland:
As currently constructed, and approv4d by The City of Newport Beach in the
I �50'sl' the.bulkhead. alijns 'with the adjacent properties to the south and horth
and is 3'-6" oceanward of the property I'
ine measured from the property line to..
the , ocean side face of the bulkhead. To relocate the bulkhead inland'Of the
property line would create a bulkhead line Out Of alignment with the adjaceni
bulkheads and create several issues that make refo6ation un@61sable and
undesirable.
It is teo.hnically possible to relocate the bulk . head to the Property line,however,
the relocation of the bulkhead inland of,its current location would I create a 3'-61,
right angle return wall between the new bulkhead and the existing bulkhead of
our neighbors.
In constructing the, return wall, we would be' required to retain the,soil of . the
adjacent Property. Retention of the soil issequired to prevent the soil from
collapsing into the bay, thus desta6ilizing the adjacent lot and the stability of
structures within proximity to the wall. The reiponsibilftyof retaining the soil and
insuring the safety of existing structure&, during construction and throughout the
Jife span of the proposed bulkhead would'fall upon the applicant and would be
an unnecessary and burdensome risk,
-Additionally,'the no'rthe rly bulkhead, also in a I lignmen . t, is in a ste to of disr8pair
with -sand currently leaking into'the �4ay along with remnants of the bulkhead,
Due' to. the existing. condition of the northerly bulkhead, relocati;j th�
applicant's bulkhead inland would have adverse aff&cts on the City's bulkhead
by creating a Precarious connection, TO miti�gate this condition, and reduce
liability associated the
with connecting to the -City's existing bulkhead, th pplicant
he.% offered to replace the City"bulkhead at his expense as Ibng ase a
conti it can be
guous to his proposal.
05/08/2003 12:27 9494979814 MSA ARCHITECTS PAGE 03
Lastly, based upon aesthetic concerns of the City and adja . cent neighbors, it is.,
most desirable to construct 6 bulkhead that is aligned with adjao6nt properties
creating la drifform. bulk ' head line, A uniform bulkhead line Will Prevent the
creation, of small eddy pockets where debris May collect and. a'vold the,
incongruo.us transition resulilng.froM the stepping �f.the bulkhead.
to
As outlined in the initial lett6r from our Structural Engi . neer the safe I ty factor . of
stability for the existing bulkhead is less, than 1 .0, well below- the a6captal�le
safety factor. A safety factor of 1.0 indicates a high likelihood.
of failure. As a
comparison to conventional retaining walls, the Minimum required safety factor
per-t.he CalifoMia. Building Code is 1.5. Our Structural Erigineeir's calculations
indicate the high likelihood Of failure, however, the actual'point or tlme'of failure
cannot be predicted.
The consequences associated with not replacing the'bulkhead would be the
poterlti6l. for failure and thus destabilization of adjacent property an
d structures., -
The bulkhead as currently constructed i's a hazard to exi§ting� structures,
flatwork and land within 30'-0' of the buikhead. When the bulkhead fails, the $oil
within the failure. area will doll'
apse into the bay threatening the stability of'the
property, the loss of existing improvements and existing habitat within the bayi
should the'fallure occur near the property lines the adjanent'pr6perties would
also be threatened.
R010ca 0— of ProPosed De��Ment:
As designecf, the Proposed residence is outside 'the 301-01, impact area that
would be effected by bulkhead failure, I The location of the Proposed
development does, not dictate the nee8 for a hew bulkhead, The requirem6nt is
diotaled by City of Newport:BeacfT Policg' that requires an Engineer certify the
safety of all existing bulkheads where new development or a substantial
remodel is proposed. In. our efforts to satisfy the City requirements we have;
analyzed the existing bulkhead to determine how to meet current design
standards. Becau I 8e of the. low safety factor, as noted above, repair of the
!bulkhead is not feasible without destro�jng the wall or extending the existing
wait furtherseaward with'attachments,
With repaj� options exhausted, the onl
Y Way to meet currant design standards is
through the construction of a replacame� 'the existing residence
nt bulkhead, if
were proposed to remain, with a desired lifespan of more than a few years, it
still would bE� advisable -6 replace the existing bulkhead,
Currently there are minor improvements located on the City's beach P ropert I y to
the north. -. As noted on the site survey' provided with our initial submittal,
improvements include Ratwork, portabld sitting areas at the landward portion of
the site, landscaping and 8. small portable storage shed. On the northerly
portion of the City's propertya're a boat launch area and a boatdock.-
12:2t 94J4'J/J814 M�;A ANUHilEGIS HAUL U4
The City curr�ntly'leases th6 adjacent beach property to the Balboa Peninsula
Point Association, the arba'§ Comm, Unity Association, The Association uses
the property to Provide its members with beach and boaf lau
hch access.
De sign Alie �natj�LOI'
The option to Place the proposed bulkhead
behind the existing was dismissed
because the damage that, would be incurred to the existing bulkhead during.
congtruction' would be extensive, rendering the bulkhead, debilitated and
Unsightly. The installation of a bulkhead requires that the'new panels be driven
into the soil. The vibration. created by the install�
atlon ofthe ryew panels would
cause the existing panels to disintegrate and fall into the waterway. Those
panels that do rem6in af* installatio '
I I M is Complete, would be unsightly,
unstable and would continue. twdeteriorate at a rapid.pace into the bay.
A!A—h�Orizaftn �frOmPrO �errt Owner
The City is cur.rer7fly in the process of complati I ng an, Encroachment Permit
which is the leol document that will provide Erik Anders'on,. th6,6pplIca ' -
nt, the
right to Perform �work over the property line and extend 30' onto the adll�cent
CltV owned property,
Per your discussions with Tom ROSsmiller, Director of Harbor Resources, the
City,will issue tP`you a draft of the R . ncroachment Permit and a letter stating the
City's intent to approve the project, The letter -will peovid rellminar�
authorization to the applicant, to 'coi 8 P
ntract to construct the bulkhead. on City
owned property and subsequently offer it for dedication.
BecaUse the City hai decided to
Issuo an Encroa hment Permit to the
applicant, they feel it is unnecessary to becor�e a co-appelicant. The forthcoming,
letter frior� the City.shall in
included as a 6o-applicaht I clud6 -a statement regarding* their decision not to be
Jo assist in the understarIchng- of the current wall alignment I have provided an aerial
photograph of t . he . existing bulkheads. Should you have questions or require additibnal
information, please -contact me.
Sincerely,
Charlie Williams
Morris Skenderlan an6 Associates
Eno-:
Bulkhead Aerial -Phot;9'raph
May 8, 2003
California Coastal Commission
Attn.: Meg Vaughn, Staff Analyst
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
Re.: Coastal Development Permit Application Number 5-02-174
Erik Anderson Residence
2210 Channel Road, Newport Beach, Orange County
Dear Ms. Vaughn,
The City of Newport Beach, Harbor Resources Division requested the City's Harbor
Commission to consider a request from the homeowner at 2210 Channel Road to rebuild
his bulkhead. After considering several options, the Harbor Commission approved on,
February 12, 2003, issuance of an Approval in Concept for the project as presented to
the Coastal Commission for further approval.
We recognize that the bulkhead will be built in its present location which is 3 and 1/2 feet
bayward of the bulkhead line and which was previously permitted by the City of Newport
Beach in the late 1950's. This position provides for alignment with adjacent bulkheads
including a bulkhead on City property which is in poor condition. The homeowner has
proposed to rebuild the bulkhead on the adjacent City parcel and the City has concurred
with this proposal. The City is in the process of finalizing an Encroachment Agreement
that will formalize this concurrence. A draft of the Encroachment Agreement is attached.
The City is waiting to execute this agreement pending any special conditions that may
be imposed by action of your Commission.
The City of Newport Beach concurs in moving forward with this project and prefers to
coordinate the project with the property owner through the terms of the Encroachment
Agreement rather than sign the Coastal Development Permit Application as co -applicant.
Thank you for your assistance in processing this Coastal Development Permit. If you
have any questions, please call me at (949) 644-3041.
Sincerely,
Tom Rossmiller
Harbor Resources Manager
Attachment: Final Draft Encroachment Agreement
The option to place the proposed bulkhead behind the existing was dismissed
because the damage that would be incurred to the existing bulkhead during
construction would be extensive, rendering the bulkhead debilitated and
unsightly. The installation of a bulkhead requires that the new panels be driven
into the soil. The vibration created by the installation of the new panels would
cause the existing panels to disintegrate and fall into the waterway. Those
panels that do remain, after installation is complete, would be unsightly,
unstable and would continue to deteriorate.
Authorization from Property Owne
The City is currently in the process of completing an Encroachment Permit,
which is the legal document that will provide Erik Anderson the right to perform
work over the property line and extend 30' onto the adjacent City, owned
property. Per your discussions with Tom Rossmiller, Director of Harbor
Resources, the City will issue a draft of the Encroachment Permit and a letter
stating the City's intent to approve the project to you directly. The letter will
provide preliminary authorization to the applicant to contract to construct the
bulkhead on City owned property and subsequently offer it for dedication.
Because the City has decided to implement the Encroachment Permit they feel
it is unnecessary to become a co -applicant. The forthcoming letter from the City
shall include a statement regarding their decision not to be included as a co -
applicant.
Should you have questions or require additional information, please contact me
Sincerely,
Charlie Williams
Morris Skenderian and Associates
Enc.:
Page I of I
Rossmiller, Tom
From: Rossmiller, Tom
Sent: Thursday, May 08, 2003 10:30 AM
To: 'Charlie@msaarchitects.com'
Subject: FW: 2210 Channel Road
Charlie:
I provided some recommended changes to your draft letter to CRWQCB. I sent this to Patty Temple to confirm my interpretation
of CEQA policy. I'll let you know when I hear back from Patty. I also provided a draft letter to the Coastal Commission that
coordinates with your CCC letter. Let me know if you think that letter is ok and I'll go ahead and send and/or revise it.
Thanks,
Tom
----- Original Message -----
From: Charlie Williams [mailto:Charlie@msaarchitects.com]
Sent: Wednesday, May 07, 2003 4:38 PM
To: trossmiller@city.newport-beach.ca.us
Subject: 2210 Channel Road
Tom,
Per our telephone conversation the following are letters to Coastal and RWQCB regarding additional information they have
requested. I would like you to review those sections that pertain to you and provide your comments.
Those items I would like you to review have been highlighted in blue.
Please contact me with your comments.
Thank you,
Charlie Williams
Morris Skenderian & Assoc.
2094 South Coast Hwy., #3
Laguna Beach, CA 92651
www.rnsaarchitects.corn
charlienmsaarchitects.com
949.497.3374 T
949.497.9814 F
05/08/2003
Page I of I
Rossmiller, Tom
From: Clauson, Robin
Sent: Monday, May 05, 2003 10:03 AM
To: 'Paul Weinberg'; Kiff, Dave; Kiff, Dave
Cc: Rossmiller, Tom
Subject: RE: 2210 Channel Road, Newport Beach, CA 92660 (Erik Anderson); Revocable Encroachment Permit
Paul I am not sure either but I would rather not sign it til Coastal approves the Project. I think the Andersons wanted to make sure
as well. I am assuming that as part of the response to the Coastal staff letter you sent me we could include the agreement and as
part of a joint supplemental app say the same. Tom what do you suggest is the best way to handle it?
----- Original Message -----
From: Paul Weinberg [mailto:pjweinberg@pjwmediation.com]
Sent: Monday, May 05, 2003 9:57 AM
To: 'Clauson, Robin'
Subject: RE: 2210 Channel Road, Newport Beach, CA 92660 (Erik Anderson); Revocable Encroachment Permit
How does the City let Coastal know that it is satisfied with the terms of the agreement and supports the application?
Aren't they going to want to see it signed by everybody? (I'm just asking, I'm not clear on this.) PAUL
----- Original Message -----
From: Clauson, Robin [mailto:RClauson@city.newport-beach.ca.us]
Sent: Monday, May 05, 2003 6:58 AM
To: 'Paul Weinberg'
Subject: RE: 2210 Channel Road, Newport Beach, CA 92660 (Erik Anderson); Revocable Encroachment Permit
I think we better submit it to Coastal first and represent in the joint application that the parties will sign and record
if the project is approved.
----- Original Message -----
From: Paul Weinberg [maj Ito: pjweinberg@pjwmediation.com]
Sent: Friday, May 02, 2003 4:06 PM
To: 'Clauson, Robin'
Subject: RE: 2210 Channel Road, Newport Beach, CA 92660 (Erik Anderson); Revocable Encroachment
Permit
Okay to run it in final, get the clients to sign it?
----- Original Message -----
From: Clauson, Robin [maiito:RClauson@city.newport-beach.ca.us]
Sent: Friday, May 02, 2003 3:42 PM
To: 'Paul Weinberg'
Subject: RE: 2210 Channel Road, Newport Beach, CA 92660 (Erik Anderson); Revocable
Encroachment Permit
I am good with it. Thanks
----- Original Message -----
From: Paul Weinberg [mailto:pjweinberg@pjwmediation.comI
Sent: Friday, May 02, 2003 3:23 PM
To: 'Clauson, Robin'
Subject: RE: 2210 Channel Road, Newport Beach, CA 92660 (Erik Anderson); Revocable
Encroachment Permit
05/06/2003
DRAFT
California Regional Water Quality Control Board
Santa Ana Region
Attn.: Adam Fischer, 401 Coordinator
3737 Main Street, Suite 500
Riverside, CA 92501-3348
Re.: 2210 Channel Road
Dear Adam,
Per our telephone conversation and your notice of incomplete application you had requested
additional information regarding our submittal. Please review the following:
CEQA Notice of Exemption Form
As outlined in our Approval in Concept form, submitted with our initial submittal, the development
has been determined to be categorically exempt by the City of Newport Beach per section 15304
"Minor Alterations to Land" and 15305 "Minor Alterations in Land Use Limitations". However, at
the present time it is not City policy to file a Notice of Exemption from with CEQA or the County
Recorder's office. The City currently uses the Approval in Concept form to document exemption.
As a result I am unable to provide the form you have requested. Should you need additional
evidence of City policy please contact Patty Temple, City of Newport Beach Planning Director
(949) 644-3228.
Storm and Pool Water Drainage
Storm Water — The storm water accumulated on site shall be dispersed to permeable surfaces
such as lawns and planters. Excessive storm water not absorbed by the permeable surfaces will
be collected by area and trench drains that will carry water through drain lines, perforated were
appropriate to allow additional absorption on site, to a pump located near the mid point of the
South property line. The pump shall direct storm water to the street to prevent water from being
discharged to the bay.
Pool Water — The water discharged by the pool equipment shall be connected to the sewer to
prevent water from being discharged to the bay.
Additional fees
The additional fees of $1,250 as requested shall be issued to you directly by the property owner
via mail.
The items as outlined above should address your concerns and fulfill the remaining items
required to complete our current application. Please contact me with any additional questions.
Regards,
DRAFT
May 5, 2003
California Coastal Commission
Attn.: Meg Vaughn, Staff Analyst
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
Re.: Coastal Development Permit Application Number 5-02-174
Erik Anderson Residence
2210 Channel Road, Newport Beach, Orange County
Dear Ms. Vaughn,
The following is in response to your letter dated May 1, 2003 regarding questions you
have about the proposed bulkhead.
Enciineers Assessment
Relocation of Bulkhead Inland
As currently constructed, and approved by The City of Newport Beach in the
1950's, the bulkhead aligns with the adjacent properties to the south and north.
To relocate the bulkhead inland of the property line would create a bulkhead
line out of alignment with the adjacent bulkhead and create several issues that
make relocation unadvisable and undesirable.
It is technically possible to locate the bulkhead at the property line. However,
the relocation of the bulkhead inland would create a 3'-6" right angle return wall
between the proposed bulkhead and the bulkhead of our southerly neighbor. In
constructing the return wall we would be required to retain the soil of the
adjacent property. Retention of the soil is required to prevent the soil from
collapsing into the bay potentially destabilizing the adjacent lot and effecting the
structural stability of off site structures. The responsibility of retaining the soil
and insuring the safety of existing structures during construction and throughout
the life span of the proposed bulkhead is an unnecessary and burdensome risk,
imposed upon the property owner, if required to construct the bulkhead behind
the property line.
Additionally, the Northerly bulkhead, also in alignment, is in a state of severe
disrepair causing sand to leak and remnants of the bulkhead to fall into the bay.
Due to the existing condition of the Northerly bulkhead, relocating the proposed
bulkhead inland would have adverse affects on the City's bulkhead making it
technically infeasible to connect. To further address this issue and reduce the
liability associated with the City's bulkhead our client has offered to replace the
City bulkhead in conjunction with his bulkhead.
Lastly, based upon aesthetic concerns of the City and adjacent neighbors it is
most desirable to construct a bulkhead that is aligned with adjacent properties
creating a uniform bulkhead line. A uniform bulkhead line will prevent the
creation of small eddy pockets where debris may collect and become unsightly
as would be created by a recessed bulkhead.
Protection of Existing Structures:
As outlined in the initial letter from our Structural Engineer the safety factor of
stability of the existing bulkhead is less than 1.0, well below the acceptable
safety factor. A safety factor of 1.0 indicates a high likelihood of failure. As a
comparison to conventional retaining walls, the minimum required safety factor
per the California Building Code is 1.5. Our Structural Engineer's calculations
indicate the high likelihood of failure, however, the actual point or time of failure
cannot be predicted. The consequences associated with not replacing the
bulkhead would be the potential for failure. The bulkhead as currently
constructed is a hazard to existing structures, flatwork and land within 30'-0" of
the bulkhead. When the bulkhead fails, the soil within the failure area will
collapse into the bay threatening the stability of the property and the loss of
existing improvements. Should the failure occur near the property lines the
adjacent properties would also be threatened.
Relocation of Proposed Development:
As designed, the proposed residence is outside the 30'-0" impact area that
would be effected by bulkhead failure. The location of the proposed
development does not dictate the need for a new bulkhead. The requirement is
dictated by City of Newport Beach Municipal Code (Section XXX) that requires
an Engineer to certify the safety of all existing bulkheads, where new
development (OR SUBSTAIANL REMODELING?) is proposed. In our efforts to
satisfy the City requirements we have analyzed the existing bulkhead to
determine how to meet current design standards. Because of the low safety
factor, as noted above, repair of the bulkhead is not feasible without destroying
the wall or extending further seaward. With repair options exhausted the only
way to meet current design standards is through the construction of a
replacement bulkhead. If the existing residence was proposed to remain, with a
desired lifespan of more than a few years, it would be advisable to replace the
existing bulkhead.
City Properly:
Currently there are minor improvements located on the City's property. As
noted on the site survey provided with our initial submittal, improvements
include flatwork, portable sitting areas at the landward portion of the site,
landscaping and a small portable storage shed. On the Northerly portion of the
site are a boat launch area for small boats and a boat dock.
The City currently leases the adjacent beach property to the Balboa Peninsula
Point Association, the areas Community Association. The Association uses the
property to provide its members beach and boat launch access.
Design Alternative
Page I of I
Rossmiller, Tom
From: Clausen, Robin
Sent: Friday, May 02, 2003 11:28 AM
To: Rossmiller, Tom
Subject: FW: 2210 Channel Rd., NB
please review attached letter from Coastal on the 2210 Channel Road bulkhead project. I told them
we would co-sign the application along time ago, right after the HC hearing. Don' t know why they
didn't ask. Anyway, hope its okay I told them to contact you to co-sign.
----- Original Message -----
From: Paul Weinberg [mailto:pjweinberg@pjwmediation.com]
Sent: Thursday, May 01, 2003 2:33 PM
To: 'Clausen, Robin'
Subject: FW: 2210 Channel Rd., NB
05/06/2003
STATE OF CALIFORNIA - JHE RESOURCES AGENCY GRAY DAVIS. QoyeM2C_
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302 May 1, 2003
(562) 590-5071 1 1 (a
Charlie Williams
Morris Skenclarian & Associates
2094 South Coast Highway, #3
Laguna Beach, CA 92651
RE: Coastal Development Permit Application No. 5-02-174
2210 Channel Road, Newport Beach, Orange County
Dear Mr. Williams:
A package amending the above referenced coastal development permit application to include
replacement of the existing bulkhead at the subject site and at the adjacent, City owned site, was
received in this office on April 11, 2003. The submittal raises the following questions.
Engineer's Assessment
Can the bulkhead be relocated inland to the property line? If not, please provide a detailed
explanation.
Are the bulkhead replacements required to protect existing structures? What would be the
consequences of not replacing the bulkheads? Would the lots themselves be threatened? Could
the proposed residential development be relocated in such a way as to avoid the need for a
bulkhead? Do any structures exist on the City's property? What is the current use on the City's
parcel?
An alternative considered was "placement of new longer wall panels behind the existing." But this
alternative was dismissed because "such an operation could not be possible without damaging the
existing wall." If the existing wall is proposed to be removed, why would damaging it be a reason
to dismiss this alternative?
Authorization from Property Owner (City)
No evidence of the applicant's (Erik Anderson) legal ability to perform the proposed development
on property he does not own has been submitted. The State Tidelands Grant (included with the
submittal) does not demonstrate such ability and neither does Harbor Permit No. 108-2210. In
addition to providing evidence of the applicant's legal ability to perform the development, evidence
that the property owner (City) has been invited to join in the application as co -applicant must be
submitted. The property owner (City) is not required to become a co -applicant, but must be invited.
Please submit the responses to these questions by May 9, 2003. Please do not hesitate to contact
me at the above number with any questions regarding this matter.
Sincerely,
Meg Vaughn
Staff Analyst
5-02-174 Anderson b1khd Itr 4.30.03 mv
JMA
Date 3-25-03
Number of pages including cover sheet
111110.
Robin Clauson
Assistant City Attorney
Phone
Fax Phone X 3139
CC:
Hi Robin:
City of Newport Beach
Harbor Resources Division
El Urgent [A For your review
From:
Tom Rossmiller
Manager, Harbor
Resources Division
829 Harbor Island Drive
Newport Beach, CA 92663
TRossmiller@city.newport
-beach.ca.us
Phone (949) 644-3041
Fax Phone (949) 723-0589
1 --
Reply ASAP El Please comment
Charlie Williams faxed this attachment to Gil Wong and me for review. Technically, I do not seE
any problems with this engineering contract. What is the proper protocol for the City to approve
this, so the homeowner can get his plans and move on to the Coastal Commission?
Apparently, the Engineer has completed the design; has been paid by the homeowner; but will
only release the design after the property owner (the City) has executed a similar contract. Doec,
Peninsula Point Homeowners Association also need to be signatory?
Thanks for your help,
Tom
TO:
COMPANY: City of Newport Beach
PHONE. 644-831V %04�
FAX: 644-3311 -7;F0,4;5
CC:
FROM:, Charlie Williams
Morris Skenderian & Associates
Tel: 949�497-3374
Fax; 949-497-9814
PROJECT: 221OChannelRoad
RE: City's Seawall
PAGES: (7) Including this cover page
HARD COPY TO FOLLOW VIA MAIL: Yes X No
Comments:
DATE: 3/20/2003
TIME: 3:02 PM
7 —71
Per our telephone conversation the following is a copy of the contract I have regarding the
reconstruction Of CitY'r Seawall adjacent to my client's property, As you will notice the contract
Is currently address to my client. However, I think this is incorrect considering the City is the
legal property owner. Please review and see how I should revise the contract to include the
City. Per agreements negotiated with the City my client has agreed to pay for the construction
of the wall, however, the City will have ownership and maintenance responsibilities.
AEC Associates 2691 Richter Avenue, $VRO 110. Irving, CA 92605
Ar"1% Architecture EngIngerInW Construction E-mail 4100-ca@rnsn'com
Telephone 949/252 9188
March 3, 2003 Fox 9491252 9196
Mr. & Mrs. Erik and Samantha Anderson
2210 Channel Road
Newport Beach, CA 92661
Subject: Proposal for the Design of a 30 -foot Seawall on
City Property Located at the Nortb of
2,210 Channel Road, Newport Beach, CA
Dear Mr. & Mrs. Anderson:
In response to the request of Charlie Williams of Morris Skenderian & Associates, we are pleased to
propose ouT stLuccujal trigineering services for the design of a 30 -foot seawall on the City property
located at the north of 2210 Channel Road, Newport Beach, California.
ABC Associates' structural engineering job scope will include the following:
Preparation of design calculations, drawings and specifications in the form of general
notes for the new seawall consisting of a main wall and the return wall at the north of
the property
Signing and stamping of calculations and drawings
'Preparation of a report required by the Coastal Commission
4, Revision of drawings and calculations according to the plan check requirement$ of the
City of Newport Beach
ABC Associ.ates'job Scope Will exclude EMY service which is not included in the above job Scope and
specifically the items listed below:
Design mid drafting of handrails, if required by the City, and other items which are not
part of the seawall structure
2. Any work extending in the property Of the north and South neighbors
Cost estimating, construction Scheduling
4. Filing of calculations and drawings with the City and Coastal Commission and
Payment of related fees )il
AEC Associates
Mr. & Mrs. Erik and Samantha Anderson
Q7, Proposal for the Design of a 30 -foot Seawall on
City Property Located at the North of
22 10 Channel Road, Newport Beach, CA
March 3, 2003
Page Two of Three
5. Preparation Of reports, revision of drawings for the Coastal Commission's request
relating to matters other than structural safety concerns
6, Inspection of work during construction
The below listed items need to be Provided to AEC Associates prior to commencement of the work:
I , Soils report including the data necessary for seawall design
2,
Site surveying plan (final updated copy)
3, Sounding of an about 30 foot wide area in front of the wall (Shelimaker Inc. can
provide this information)
AEC Associates proposes to perform this work for a lump -sum fee of $4,650.00 (four thousand six
hundred -fifty dollars), AEC Associates design man-hour and coast estimates for this project are
enclosed for your information (Attachment 1). About one third of this fee, a retainer in the amount of
$1,500,00 is payable prior 10 conitriencernent of the work. A portion of the fee, $2,500-00 will be
payable at the completion of the work for City submittal. The remaining $650,00 of the fee is billable
at the completion of the work by the City and payable in 15 calendar days.
Any additional work required will be performed only after authorized by you in writing and will be
billed on an hourly rate basis according to the APEC Associates'rates listed in the enclosed job
Classification and Hourly Rate Schedule (Attachment 11). Invoices for additional work (if my) will be
payable in 15 calendar days,
AEC Associates will complete its work in five weeks after authorized to commence the work, retainer
fee is paid and all the above -required information is provided.
Enclosed AEC Associates' Standard Terms and Conditions are an integral part of this proposal
(Attachment 111).
14
AEC Associates
Mr. & Mrs. Erik and Samantha Anderson
Proposal for the Design of a 30 -foot Seawall on
City Property Located at the North of
22 10 Channel Road, Newport Beach, CA
March 3, 2003
Page Three of Three
Please call me if you have any question regarding this proposal. We appreciate the opportunity to be of
service to you and took forward to working on this project.
Y 'ru
a
Ergun (Ed) Kunter, S.E.
Enclosures
The undersigned hereby agree to the fees and conditions and authorizes AEC Associates to proceed
with the work.
Erik —Anders
Pi P71�LO,30303
L030303a
i22�lo rHANNELINEWPORT BEACH, CA
JC�� Nlil,
P71
AEC
r'U.'ECT; TY SEA WALL DESIGN
Associates
DESIGN BY: 1. K. 11; 1.
REVISE BY:
AM
DATE; reb-03 DATE.
�Samantha
D -
&'Mrs. Erik & Anderuon
Proposal for thp. Damign ni a 30 foot Soawall on
City Property Located at the North of I
2210 Channel Road, Newport Beach, CA
Attachment I r
I
__T
DESIGN MAN-HOUR ESTIMATE FOR NEW WALL
—
PRINCIPAL
--------
SENIOR
AD
ITEM I T E M
STR. ENG,
SYR. ENO..
OPE RATOR
No.
MH
mu I
MH
1.00 PRELIMINARY ANALYSIS
INVESTIGATION OF SITE
REVIEW OF DESIGN REQUIREMENTS
2.00
"00
2.00 WALL DESIGN
W4.004.00
STRUCTURAL ANALYSIS. MAIN WALL
STRUCTURAL DESIGN OF CAP BEA
- M AND DEADMAN
—_.
2.00
2.00
E$IGN OF DETAILS
D E"'GN 0, DETAILS
I n -
2.00
2,00
ECIFICATION9 G5
SPECIFICATIONS (GENERAL NOTES)
_NERAL NOTE,
N/C
3.00 DRAFTING
— 9-1 GENERAL NDTES. LOCATION AND WALL PLANS
2"00
_6ASTAL
Z00
16.00
4.00 COMMISSIONI! L III III I III I !!I
— rkItrAtfA I ION OF A REPORT AND RELATED DOCUMENTS
2.00
5.00 REVISIONS PER CITY PLAN CHECK REQUIREMENTS
HILVISIONS ACCORDING TO THE REQUIREMENTS OF
4,00
—2.00
CITY AND COASTAL COMMISSION
TOTAL DESIGN MAN-HOURS
21.00
0.00
37.00
DE91t:N COST rSTIMATE
ITEM I T E M RATE
MAN-HOUR
TOTAL
NO., $/MH
MH
$
1.00 PRINCIPAL STRUCTURAL ENGINEER 100.00
'STRUCTU
21.00
2,100.00
2.00 SE141OR RAL ENGINEER 100
8100
600.00
3.00 CAI) OPERATOR $0.00
37.00
11850,00
4,00 MISCELLANEOUS (PRINTIN ETC,)
100,00
TOTAL - DESIGN
Q),
,� ME
AEC Associates
Mr. & Mrs. Erik and Samantha Anderson
Proposal for the Design of a 30 -foot Seawall on
City Property Located at the North of
22 10 Channel Road, Newport Beach, CA
March 3,2003
Attachment H
CONFWENTIAL
JOB CLASSIFICATION
AND
HOURLY RATE SCHEDULE
JOB CLASSIFICATION HOURLY RATE $
Principal Structural Engineer 100.00
Senior Structural Engineer 75.00
CAD OPerator/Draftsperson 50.00
In addition, incurred direct non -Salary 8xPenses will be reimbursable and will include:
a. Travel cost billable at direct expense for public conveyance or $ 0.45 per mile (Not applicable in
Orange County.)
b. Actual out -of pocket eXptnses, per dipm, car rentals, etc. (Not applicabele in Orange County,)
All identifiabiv cost appli�ablc to the projuct, such as fllms, printing, reproduction, maiung, delivery
cost, etc.
d. Cost for special c0o5ultants and services as authorized by the Client
The above rates tire guaranteed flrm through and Including December 31, 2003. Compensation invoiced
according to this schedule Is payable in 15 calendar days. Late payments are subject to a 1,0% monthly
interest charge,
PV1,0303031L
AEC Associates
Mr. & MrIt. Rrik and Samantha Anderson
eP11 Proposal for the Design of a 30 -loot Seawall (in
City Property Located at the North of
2210 Channel Road, Newport Beach, CA
March 3, 2003
Attachment IR
AEC Associates Standard Terms and Conditions
The following terms and conditions are pan of the AFC Associates proposal and will become pan of the agreement resulting from the
proposal when It Is signed by both partics.in this text pthe Client" means the person or entity (partnership, corporation, etc.) who or
whose repreAcmativc has signed the agreement.
I All additions, changes and amendments to this agreement shall be in writing signed by both patties and shall be subject to
general terms and conditions of this agreement.
21 Services rondeted pursuant to this agreement am for the exclusive use of the Client.
This agreement shall not be assigned to Others without the prior written consent of both parties.
4. Completion dates for so�ices to be tendered are expressly conditioned upon AEC Associates receiving all requested
pertinent information and cooperation from the Client or, the dates so requested.
5- Invoices submitted by AEC Associates In accordance with this proposal shall be paid within 30 days of invoice date unless
otherwise noted In the proposal. Any sum not paid within 30 jays of invoice date shall be subject to 1% monthly interest
charge- Should ABC Associates be required to retain a collection agency or initiate cowl proceedings to collect unpaid
sums, the Client shall pay all collection fees, court costs and attorneys fees. Invoices unpaid after 60 clays shall be cause
for termination of the agreement. The Client agrees to hold AEC Associates harmless for any darragc: whatsoever due to
such termination. In such an event, all the services provided by AEC Associates until the tenuination date will become
chargcab1c, to the Client.
6, Compensation for services shall not be contingeat upon the clie0s ability to collect from others,
7. Should the Client terminate flit services of AEC Associate& for my reason, all sums for COAL&tCd task shall be
immediately due and payable uppolding to ABC Associatos'Job Classification and Hourly Rate Schedule. Notice of
tellairstiOn mum be in writing and shall not be in effect Until received by AEC Associates.
8. AEC! Associates makes no repmecutation cQaccming soil conditions Unless specifically included fil writing in its proposal
andis nut responsible for sty liability thet may arise out of the making or failure to make soil survey& or 5ulb-surface soil
tests or general soil testing,
91 AEC Associates does not guarantee the accuracy of any statement of estimates of probable construction goats.
10, All services tendered pursuant to this agreement are AEC Associates professional opinion based upon facts communicated
to AEC Associates by the Client No other warranty expressed or iftiplicd is contained in this proposal,
11 AEC Associates does not guare'dw that services tendered are free of emrs sort omissions, but the services tendered will
fall within the standard of usual customary professional oAre of other moineers offierine eimilar servicea in the ,enc
locality. ABC Associates shall conect its cr-rors; and omissions as integral part of the services provided during the
construction phase of the work.
12. Should my disp"tc arise under Ws agrtcalcla. AEC Ansughtes and the Client agree to resolve it by mediation in Orange
County- However. if any dispute arising under this agromcat results in legal Action, the prevailing party shall receive
reasonable Ittionley fees, expert witness fees, and court coat from the other patty. 11, the event that litigation is instituted
Under the terms and conditions of this agreement, the same is to be brought and tried in jurisdiction of Orange County.
Cnln�'MiA- T110 Clic�lf w-!�eb the fight to have the suit brought or removed to any other county ofjudicial jurisdiction.
13, The Client andjor Client's representative and AEC Associates have discussed the risks, rowilrds, and benefits of the
project and AEC Associates, compensation for services, The risks have been allocated such that the Client agrees
that, to the fullest extent permitted by law, AEC Associates, total ability to the Client for any and all Injuries,
claims, loses, expenses, damages or dalm expenses arlsing out of this agreement from any cause or causes, shall not
evened the total amount of AEC Associate$, total compensation or Its lFrotessional Liability Insurance ooverpue
which ever provides the uniximen, payment, Such causes include but are not limited to ADC Associates' negligence,
orrors, omissions, strict liability, breach of contract or breach of warranty. The Client shall indemnify AEC
Associates again3t third party dalms.
14, In the event any pAryision pursuant to this Agreement shall be held to be invalid and unenforceable, the Other flDvisions of
this agremient shall be valid and binding the parties hqmto.
1`71\0300303S YJ
X Ase eNns, Is
ANA
Morrts Skanderian
& Associates, A.I.A.
A R C H' I T E'C T.'S
2094 S. Coast HighWay
Laguna Beach, CA 0651
Te 1.: 949-497-3374
Fax: 949-497-9814
1
J61Y 24,2002
City of Newport Beach Harbor Resources
Attn.: Tony Melum
U9 Harbor Island Drive
Newport Beach, CA 92660
Re.: 2210 Channel Road
Dear Tony,
Per our telephone conversation and your request, the following will provide additional
information regarding the reconstruction of the seawall at 2210 Channel
The project is. located at the intersection of L Street and Channel Road adjacent to and
directly �o the west of the private beach. ' The City has required an, analysis of the structural
integrity of the existing wall, in conjunction with our application for the congtru
house. ction of a new
From discussions and investigation by our consultant team.and in order to insure fu ture
safety for the, applicant, the neighbors and the beach going Public, ifis our judgment that
the wall could be repaired, however., replacement would be the most prudent solution.
As the wall is currently constructed, it extends approximately Sw13" beyond and parallel to
the ocean ward property line and in alignment with our westerly neighbor.. It is estimated
that the wall was constructed in the early fifties and has provided a substantial section of
property the homeowner has maintained and come to enjoy for many years, We are
requesfing replacement of the,wall in its current location.
In relocating the wall behind the'property line; a significant amount I of soil (190 cubic feet)
would need to be removed from the ocean ward portion of the site, which could
compromise the stability of the adjacent property. It would aJso create'a 3'-6" offset -from
the neighbors seawall. Our desire is to minimize any hazardous condition for the adjacent
neighbor and also retain a consistent line of wall with the neighboring property.
Should the wall'be re.located, a T-6" return wall would need to be created to 6Mairi the
gradeof the adjacent property. The, grading, shon - ng and construction o . f the new wall will
not only impose additional cost, there may be other unintended.conseq�uenbes cre�ted b�
the offset, i.e., debris concentration, tidal disturbarices,'destabilization of the adjacent
property etc.
Enclosed are photographs and a site plan to provide further clarification of the existing
condition. Upon your review please contact me to discuss this issue. further and to'clarify
-the process by which our request can be facilitated. We hbpe-that*y6ur review,will result in
your concurrence that given the special circumstances Unique to this site, the wail could
remain in its present.location. Thank.you for your time and consideration.
Sincerely,
Charlie Williams
I
kto l,z6o?-
CITY OF NEWPORT BEACH
CITY OF
NEWPOKT BERCH
WMT UPPM
NG4'ORT Lw
BRY
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VICINITY MAP
NTS
NIM
M 4 LV��
TYPICAL BULKHEAD SECTION
NTS
ERST bUUNUINUS ARE EXPRESSED IN FEET AND
Jum DONATE ELEVATIONS BASED ON MEAN LOWER
LOW WATER
q
y�! �111�i!� F -17 -
LAW
If
PR�SED F�VRW�
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PLAN VIEW
NTS I
APPLICANTS AME: ERIK ANDERSON LOT: '/� OF LOT 22, LID I S 23 & 24 1 AND FOR. LOT M BL6&�CT 518
JOBADDRESS: 221�CHANNELROAD CONTRACTOR: I SHELLMAKERINC.
NEWPORT BEACH, CA 92661 875 B WEST 15 Til STREET DATE:
NEWPORT BEACH, CA 92663 08/07/02
PLAN VIEW
N I Zi
I APFUUAN FS NAME: ERIK ANDERSON LOT: V� OF LOT 22, LOTS 21 A ?A Awn�pnp I OT M BLOCK: P TRACT 518
I
JOB ADDRESS: 221 HANNEL ROAD uVNIKAUJUK: 6HELLMAKER:INFC. 0 Lo
TH ST ODATE:
NEWPORT BEACH, CA 92661 875BWEST15 STREET 8/0
4,
NEWPORT BEACH, CA 92663 7/02
CITY OF NEWPORT BEACH
CITY OF
NEWPORT BERCH
BRY
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"RCIFIC
0 13
CC%
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?'a*v3c4c-r �CST
TYPICAL BULKHEAD SECTION
:s I rL5 ERST
—NTS
SOUNDINGS AR EXPRESSED IN FEET AND
PA�
VICINITY MAP
DONATE ELEVATIONS BASED ON MEAN LOWER
NTS
LOW WATER
8
n it
F
—71 r . .....
-AAA
-4A
I
PLAN VIEW
N I Zi
I APFUUAN FS NAME: ERIK ANDERSON LOT: V� OF LOT 22, LOTS 21 A ?A Awn�pnp I OT M BLOCK: P TRACT 518
I
JOB ADDRESS: 221 HANNEL ROAD uVNIKAUJUK: 6HELLMAKER:INFC. 0 Lo
TH ST ODATE:
NEWPORT BEACH, CA 92661 875BWEST15 STREET 8/0
4,
NEWPORT BEACH, CA 92663 7/02
F.y a
PA�
-4A
PLAN VIEW
N I Zi
I APFUUAN FS NAME: ERIK ANDERSON LOT: V� OF LOT 22, LOTS 21 A ?A Awn�pnp I OT M BLOCK: P TRACT 518
I
JOB ADDRESS: 221 HANNEL ROAD uVNIKAUJUK: 6HELLMAKER:INFC. 0 Lo
TH ST ODATE:
NEWPORT BEACH, CA 92661 875BWEST15 STREET 8/0
4,
NEWPORT BEACH, CA 92663 7/02
Melum, Tony
From:
Wittmeyer, Wes
Sent:
Friday, August 23, 2002 2:02 PM
To:
Melum, Tony
Cc:
Gunther, Robert
Subject:
bulkheads
We measured from the street to the bulkhead in 2 locations at 2210 and 2218 Channel Road. The bulkhead is 5 feet
bayward from the US BULKHEAD LINE, I think that it's in State property.
I
2094 S. Coast Hlghwoy, #3
Laguna Beach, CA 9265 1
T e I : 9 4 9 - 4 9 7 - 3 3 7 4
AINA Fax: 949-497-98 1 4
Morris Skenderlan &Associates, A.I.A. A R C H r T E C T 8
DATE: 7/26/02
PROJECT: Anderson Residence
2210 Channel Road
Newport Beach, CA
ATTN: City of Newport Beach Harbor Resources
Tony Melurn
cc
BY: Charlie Williams
WE TRANSMIT: METHOD OF DELIVERY:
X Herewith Pick-up X US Post Overnight delivery
Per your request Hand delivered Courier Under separate cover
FOR YOUR:
X Review&comment Approval Use & records Distribution
COPIES
DATE
REV. NO,
DESCRiPTION
2/4/02
Proposed Site Plan
7/24/02
Letter of Explanation
-
Photographs
L
I
If enclosures are not as noted, please inform us immediately.
Remarks:
F —r
V Original Office Copy
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DATE; 712.5102
TIME: 2:22 PPl
TO, "rony mowrn
ANY�� Of NG"vPort Beach Harbor Resources
ONE! 64,3,'3041
FAX,*, 723-081,139
C C,, ErN, Anderson
706-1934
FROM, Chs.,,!rflo WlUiarns
Moryt %enderian & Associates
Tel: 949-497-3374
Fax:
P JECT', 2."-�10 5h,,mnel Roacd
RE-' Sem�6w�ill
AGE& ("Z"'41fJuding this xwer page
HARD COPY TO FOLLOW V1 MAIL. Yes No
Comments:
'rhefollowing is a copy of the
mentioned in the letter I shall
conditions with the copy to be
discuss the issue further.
regaiTling the �VPIL4,08ment of an existing Seawall, As
a Ph(ADS 1SIX" a PiOn to further clarify the oxisting
d via mall. Phinse review the� letter and contact mp to
05/24/2002 11:50
;�A T E 0F (�A0�01RNIA. TH
CALIFORNIA COAST
$m;M Cuubt Ar�a Otfice
(%P.anqjl� 5wle 1000
CA �0802 4302
4q(;.5071
On 10 April 2002, the
Coastal Development
Conditions, for develo
dock and install a ne
will be installed, Tw
dock. The floating d
specifically described
The development is
Newport Beach.
issued on behalf of
PETER DOUGLAS
Executive Director
The undersigned perM
and conditions thereof.
122 SWIFT PAGE 03
AGENCY GRAY DAVIS, 00,erinu!
;OMMISSIOW
Page I of 4
Date: May 21, 2002
Permit No: 5-02-024
6TAL DEVELOPMENT PERMIT
14- 77-10
I
.alifornia Coastal Commission granted to Erik Anders'aq
ermit 5-02-024, subject to the attached Standard and SpeolaT-
-nent consisting of; � Remove an existing 12' x 20' floating
f 10' x 50' floating dock. In addition, two (2) new 12" piles
(2) existing 12" piles will remain to anchor the new floating
ck will only be used for boating related purposes, More
the application file in the Commission offices.
hin the coastal zone in Orange County at 2210 Channel Rd.,
California Coastal Commission on May 21,
Title:
Analyst
acknowledges Fe�eipt of this permit and agrees to abide by all term�
The undersigned pemltt�e acknowledges that Government Code Section 818A which states in
pertinent part, that: "A ppolic entity is not liable for injury ca6sed by the issuance ... of any
permit . . ." applies to th� issuance of this permit.
IMPQETANT, THIS P=5 NO -F VALID UNLESS AND UNTIL A COPY OF THE PERMIT
wiTH THE SIGNED AC LEDGMENT HAS BEEN RETIJ, NED TO T�E COMMISSION
OFFICE. 14 CAL. ADmI . CODE SECTION 13155(a).
Date
Please sign and
address.
Signature of Permittee
one copy of this form to the Commission office at the above
05/24/2002 11:50 9496313122 SWIFT PAGE 04
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 00534M
SPLY TO
ArreNTION OR March 5,2002
Office of the Chief
Regulatory Brandi
rric Anderson
C/Oswiftslip
Attention: Beth Swift
2027 Placentia Avenue
Costa Mesa, Califorrtia 42627
RE: File No.
Dear Mr-. Anderson:
Reference is mad( to your request of Februaq 5,2002. 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
an existing 12 -foot by 20 -foot floating dock wiih a 10 -foot by 50 -foot floating dock bayward of
2210 Charmel. Road, in Newport Bay in City of Newport Beach, Orange County, California, as
shown on the enclosed Jrawings. Activities include the installation of two new 12 -inch diameter
guide pile and would r �sult in approxima tely 0.006 acre of permanent impact to open waters of
the U.S,
The owner or an orized responsible official must sign and date all copies of this Letter of
Permission (LOP) indic, iting that he/she agrees to the work as described and will comply with all
conditions. One of the! igned copies of this Letter of Permission must be returned to the Corps of
Engineers (a pre-addr(gsed envelope is enclosed). In addition, please use the two attached
postcards to notify this office as to the dates of commencement (widiin 10 days prior to.the start of
construction) and competion of the activity (within 10 days following the end of construction).
Thank you for pa ticipating in our regulatory program.
$incerely,
Mark Durham
Chief, South Coast Section
Regulatory t;ranch
05/24/2002 11:50
9496313122
SWIFT
PAGE 01
DATE:
TELEF
5/21/02
SWIFT SLIP
DOCK AND PIER BUILDERS, INC.
2027 PLACENTIA AVENUE
COSTA MESA, CA 92627
HONE (949) 631-3121 - FAx (949) 631-:3122
FAx COVER LETTER
PAGES TRANSMITTED
TO: Tony
INCLUDING COVER LETTER: 4
Melum
COMPANY
FAXNUMBER:
NAME:_
(949)
Newport Beagh, Harbor Resoiirces
723-Q589
SUBJECT:
Plan
checkk number 054-2002
MESSAGE:
Tony
-Me againi Here are the necessary approvals
for
the above -referenced plancheck no. Do you think
you
might get to this tod.ay'� Thanks in advance,
Beth Swift
PLEASE RESPONI
IF YOU DO NOT
—FOR YOUR INFORMATION xx
VE ALL OF YOUR PAGES, OR IF YOU RECEIVE THIS FAX IN ERROR�
PLEASE CALL US AS SOON AS POSSIBLE.
05/24/2002 11:50 9496313122 SWIFT PAGE 02
4'; "1 r"rNxCr04n
California Regional Water Quality C o-ntrol Board
Santa Ana Region
Winston H. HICkox InternetAddresc http:/1�,Awt&ca,Zov/�c1cb2 Grity Davis
Sacrelory,for 3737 Main 5ont. Suite 500, Riverside, Califomia 92501-3348 Governor
Environmental Phone (W9) 782-4130 � FAX (909) 781-6288
Protection
Via anergy ebaflongeJoeftg liformla is real, Every Califarniant needs to take immediate action to reduce energy consumption,
far a. list o(simple wayr 9 can reduce demand and cut your energy costs, see our rvabsitE at
February 7, 2002
Beth Swift
Swift Slip Dock and Piet Builders
2027 Placea�a Avenue
Costa Mesa, CA 92627
PROPOSED ALTERA�ION OF DOCX, 2210 CHANNEL ROAD, BALBOA, ORANGE
COUNTY
Dear Ms. Swift:
If standard dock const�ction methods and materials are utilized, this project should not
adversely impact water �uality. A statement has been submitted that there will be no waste
discharged ft)6m the pro*sed project. Based on these assurances, clearance is provided,
However, should the Ari�y Corps of Engineers determine that this project requires a Section 404
permit, it will be necessa�y for the project proponent to obtained from this Board a Water Quality
Certification under SectiOn 401 of the Clean Water Act.
Should you have any qu*tions, please contact Jane Qiu at (909) 320-2008.
Sincerely,
Plo Martitu,1r., P, E.
chief of Regulations section
rc: California Coast Co ission, Long Beach
Army Corp of Engjnee:s- Erik Larsen
City of Newport Beitob, Marine. Department — Tony Meller
JQ1doeVsNvifter1c0220G2.doc
California Environmental Protection Agency
0 RacycdedPapar
BUYER'S NAME
'
ADDRESS OF FACILITY-
PERMIT H
MAILING ADDRES-9
0 Ckla ric N F7
TELEPHONE
NO.
EE
CHE K NO. D
APPR&ED By DATE
APPLICATION 15 HEREBY MADE TO A SFER HA BOR PER,
OCHD
ENS
SELLERS NAME(S)
BUYER S �NAME(Sj
COUNCIL
(ABOVE NAMES TO BE rYP
PUBLIC WORKS
S GNATU L
DEPT,
SIGNATURE OF BUYER
ESCROW
INSPECTTION,
SI NATU
OF SEL R SIGNATURE OF BUYER
F-1
SIGNATURE OF J WNER
APP to RO 0 (DATE)
SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE
17 OR THE MUNICIPAL CODE
By THE CITY COUNCIL IN ACCORDANC'
E WITH TITL.E
CITY OF NEWPORT BEACH, CALIF
WE F-- 66-1013 R�
BUYE10S NAME
L
ADDRESS OF.- CILITY
ERMrtJ
ING ADDRESS4
13
APPROVED Ely�
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CHECK NC
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DATE
iAPPLII T10 E
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ENG
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COUNCIL
BUYER S NAM�E(Sl
.(ABOVE NAMES TO BE TYPED
PUBLIC WORKS
DEPT,
SIGNAT
vul UR F R SIGNATURE OF BUYER
ESCRow
,
�q
INSPECnION
SIG ATU REL CF SEL ')
�UUNAI URE OF FUYER—
CNTOWNUR – – – – – – – – – –
APPLICATION APPROVED DATE)
CITY HA ISPECTO
SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE 13Y THE CITY C
77 OR THE MUNICIPAL CODE OUNCIL IN ACCORDANCE.WITH TITLE
CITY OF NEWPORT BEACH, CALIF
WX F". 66, ID13 R,
CITY OF NEWPORT BEACH
August 23, 2001
P.O. BOX 1768, NEWPORT BEACH, CA 92658,8915
Strada Escrow
140 Newport Center Drive, #100
Newport Beach, Ca 92660
Re: Pier Permit 10822101 for 2210 Channel Rd., Newport Beach #1092
Dear Sirs:
The City of Newport Beach Harbor Resources Division has inspected the pier and float
for the above-mentioned property and has found that it meets the City standards.
The pier permit will be transferred once we receive the Transfer Application Form signed
by both the Seller and Buyer and $198.00 balance for the transfer fee.
If you require further assistance in this matter, please call 644-3043.
Sincerely]
Armand
Harbor Resources
1, K
IN , wo, 4 @
2#4
3300 Newport Boulevard, Newport Beach
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STRADA
140 Newport Center Dr. #100 -Newport Beach, CA 92660 -Phone: (949) 721-5000 Fax: (949) 721-5010
Date:
City of Newport Beach
Marine Department
70 Newport Pier
Newport Beach, CA 92658
Attention: Wes Armund
Please be advised that we have an
Escrow#
process for the property located at
Enclosed please find our check in the amount of $ M. ()0 representing your inspection fee. Kindly complete
your inspection at your earliest convenience, and forward your written report to our office. We in turn will provide
copies to the Buyer, Seller and Real Estate Agents.
At the close of escrow, we will forward the completed pier transfer card to you, along with an additional check for
s / 7,-�k- — -
Please do not hesitate to call if you need any additional information.
Thank you.
Sincerely, 1W -
r>,&i C 1,�vA
Jolt Millan
Esc&Officer, Manager
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SHEEr 1 OF
JOB NO.
10527
Nov P,
Torn Daly
County Clerk -Recorder
P. 0. Box 238
Santa Ana, CA 92702
Office of the Orange County Clerk -Recorder
Memorandum
SUBJECT: Environmental Impact Reports
Amendment of oPublic Resources Code, Secdon 21092.
The attached notice was received, filed and a copy was posts - -- -
It rennined posted for 30 (THIRTY) days.
Torn Daly
County Clerk -Recorder
in and for the County of Orange
By: 1UGAINE M�EEABO —Deputy
Public Resource Code 21092.3
The notices required pursuant to Sections 21080.4 and 21092 for an environmaaW In3pad
Mod $hall be posted In the office of the County Clerk of each county � In which the projeol will
be located and shall remain posted for a period of 30 days. The notice reguired nursuant to
All nolloss filed pursuant to this section shall be available for public Inspection. and shall be
posted *"within 24 hours of recelpf In the office of the County Clark. Each notice shall remain
posted for a period of 30 days.
***Thereafter, the dark shall return the notice to the local JeAd agency ***'MthIn a notaflon of the
period it was posted. The local-kiLd agency shall retain the notice for not less than nine months.
Additions or changes by underline deledons by *"
Name of Project: Anderson Residence and adjacent City Beach Bulkhead Repai"M
Replacement Project
Project Location: Newport Bay, Newport Beach FEB 0 3
Specific: 2210 Channel Road and "M" Street Beach TOM DALY, CLEA�
Project Location -City: Newport Beach Project Location -County: Orange
Project Description: The bulkhead (98') at 2210 Channel Road is proposed to be
repaired in place. In order to protect the stability of the site, the highly corroded
bulkhead (29') on the City Beach at M Street will also be replaced in its current location.
Exempt Status: (check one)
— Ministerial (Sec. 21080(b)(1);15268);
— Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
_X_ Categorical Exception. State type and section number: 15301 Class 1 (d)
Statutory Exemptions. State code number:
General Rule (Sec. 15061 (b)(3))
Reasons why project is exempt: Restoration or rehabilitation of deteriorated
structures, facilities, or mechanical equipment to meet current standards of public health
and safety.
Name of Public Agency Approving Project: City of Newport Beach
Date of Approval: 1-23-04
Name of Person or Agency Carrying Out Project: Eric Anderson, 11� K46, 00. �a
Contact Person- Tom Rossmiller Title: Harbor Resources Manager q, tlol
Signature: Phone #(949) 644-3041 Date:1-23-04
V
!on4
V
ECOADER
_* DEPUTY
CITY OF NEWPORT BEACH
0
C=�
POSTED
3300 Newport Blvd. – P. 0. Box 1768
0
C'.i C=
Newport Beach, Ca 92658-8915
i�'
:- E
q
FEB 0 3 2004
(949) 644-3200
0
��
0
-n:
=—=
C,
TOM DALY, Cftft0Efl
NOTICE OF EXEMPTION
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29i Z�;
C5
01
To:
From: City of Newport Beach
Ei_= co
• Office of Planning and Research Planning Department
0 0
1400 Tenth Street, Room
121 3300 Newport Blvd.
Sacramento, Ca 95814
P. 0. Box 1768
'a
N
0
Newport Beach, Ca 92658-8915
'00
,a
• County Clerk, County of Orange (Orange County)
0
u E
Public Services Division
0 0
P. 0. Box 238
Santa Ana, Ca 92702
Date Received for filing at OPR:
Name of Project: Anderson Residence and adjacent City Beach Bulkhead Repai"M
Replacement Project
Project Location: Newport Bay, Newport Beach FEB 0 3
Specific: 2210 Channel Road and "M" Street Beach TOM DALY, CLEA�
Project Location -City: Newport Beach Project Location -County: Orange
Project Description: The bulkhead (98') at 2210 Channel Road is proposed to be
repaired in place. In order to protect the stability of the site, the highly corroded
bulkhead (29') on the City Beach at M Street will also be replaced in its current location.
Exempt Status: (check one)
— Ministerial (Sec. 21080(b)(1);15268);
— Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
_X_ Categorical Exception. State type and section number: 15301 Class 1 (d)
Statutory Exemptions. State code number:
General Rule (Sec. 15061 (b)(3))
Reasons why project is exempt: Restoration or rehabilitation of deteriorated
structures, facilities, or mechanical equipment to meet current standards of public health
and safety.
Name of Public Agency Approving Project: City of Newport Beach
Date of Approval: 1-23-04
Name of Person or Agency Carrying Out Project: Eric Anderson, 11� K46, 00. �a
Contact Person- Tom Rossmiller Title: Harbor Resources Manager q, tlol
Signature: Phone #(949) 644-3041 Date:1-23-04
V
!on4
V
ECOADER
_* DEPUTY
STATE OF CALIFORNIA - THE RESOURCES AGENCY
DEPARTMENT OF FISH AND GAME I
ENVIRONMENTAL RUNG FEE CASH RECEIPT 238523
DFG 753.5a (8-03)/_
Lead Agency: �u o�- (A Date:,�,) 3 -
County I State Agency of Filing,: Document NZ'SLLC&2__7
�4
Project Titlhlii (/r'�A-n 1 4- TA) J
Phone aNdr— crz
Project Applicant Name,04xc
Project Applicant Address: -la Lou kk, �(A cA�e
Project Applicant (check appropriate box): Local Public AgencyE]) School DistrictEl Other Special District
I/ J StateAgencyF] Private Entity
CHECK APPLICABLE FEES:
Environmental Impact Report
$85000 $
Negative Declaration $1,250.00 $
Application Fee Water Diversion (State WaterResources Control Board Only) $850.00 $
Pro tsS b t t C rtiled Regulatory Programs $850.00 $
u qec o e
o qu
unty Administrative Fee
Project that is exempt from fees
TOTAL RECEIVED $
Signature and title of person receiving payment: (41P0
WHITE -PROJECT APPLICANT YELLOW-DFG/FASB PiNK-LEAD AGENCY GOLDENRODZTATE AGENCY OF FILING
CITY OF NEWPORT BEACH
3300 Newport Blvd. – P. 0. Box 1768
Newport Beach, Ca 92658-8915
(949) 644-3200
NOTICE OF EXEMPTION
To:
X — Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, Ca 95814
X County Clerk, County of Orange
Public Services Division
P. 0. Box 238
Santa Ana, Ca 92702
From: City of Newport Beach
Planning Department
3300 Newport Blvd.
P. 0. Box 1768
Newport Beach, Ca 92658-8915
(Orange County)
Date Received for filing at OPR:
Name of Project: Anderson Residence and adjacent City Beach Bulkhead Repair and
Replacement Project
Project Location: Newport Bay, Newport Beach
Specific: 2210 Channel Road and "M" Street Beach
Project Location -City: Newport Beach Project Location -County: Orange
Project Description: The bulkhead (98') at 2210 Channel Road is proposed to be
repaired in place. In order to protect the stability of the site, the highly corroded
bulkhead (29') on the City Beach at M Street will also be replaced in its current location.
Exempt Status: (check one)
— Ministerial (Sec. 21080(b)(1);15268);
— Declared Emergency (Sec. 21080(b)(3); 15269(a));
— Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
_X_ Categorical Exception. State type and section number: 15301 Class I (d)
— Statutory Exemptions. State code number:
— General Rule (Sec. 15061 (b)(3))
Reasons why project is exempt: Restoration or rehabilitation of deteriorated
structures, facilities, or mechanical equipment to meet current standards of public health
and safety.
Name of Public Agency Approving Project: City of Newport Beach
Date of Approval: 1-23-04
Name of Person or Agency Carrying Out Project: Eric Anderson
Contact Person: Tom Rossmiller— Title: Harbor Resources Manager
Signature: Phone #(949) 644-3041 Date:1-23-04
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT. CORPS OF ENGINEERS
PC Box 6a2711
LOS ANGELES, CALIFORNIA 90053-2325
January 22,2004
DEPARTMENT OF THE ARMY NATIONWIDE YEAMIT AUTHORIZATION
Mr. Erik Anderson
c/o Morris Skenderian & Associates, AIA
Attention: Mr. Charlie Williams
2094 S. Coast Highway, #3
Lag-una Beach, California 92651
Dear Mr. Anderson:
This is in reply to your letter (No. 200300948-CJF) dated April 8, 2003, cQncernmg our
permit authority under Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.$.C.
40��) and Section 404 of the Clean Water Act of 1972 (33 U,S.C. 1344) over your proposal to
discharge fill material in order to remove and replace up to 130 feet of an existing seawall located
bayward of 2204-2210 Channel Road, in Newport Bay, within the city of Newport Beach, Orange
County, California, as shown on the enclosed diagrams.
'Ihe Corps of Engineers has determined that your proposed activity complies with the
terms and conditions of nationwide pern-dt NW03 as described in enclosure 1. Furthermore,
you must comply with the attached non -discretionary Special Conditions.
This letter of verification is valid for a period not to exceed two years, January 29, 2006,
unless the nationwide permit is modified, reissued, revoked, or expires before that time.
Presently, all nationwide permits are scheduled to expire on March 18, 2007. It is incumbent
upon you to remain informed of changes to the nationwide permits. We will issue a public
notice announcing the changes when they occur. Furthermore, if you commence or are under
contract to commence this activity before the date the nationwide permit is modified or
revoked, you will have twelve months from the date of the modification or revocation to
complete the activity under the present terms and conditions of the nationwide permit.
A nationwide perinit does not grant any property rights or exclusive privileges. Also, it
does not authorize arty injury to the property or rights of others or authorize interference with
any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain
other Federal, state, or local authorizations required by law.
-2 -
Thank you for participating in our regulatory program. If you have any questions, please
contact Ms. Cori Farrar of my staff at (213) 452-3296,
Sincerely,
Mark Durham
Chief, South Coast Section
Regulatory Branch
Enclosure
cc: Bob Hoffman, NOAA Fisheries, Habitat Conservation Division, 501 W. Ocean Blvd., Suite
4200, Long Beach, CA 90802-4213
Marilyn Fluharty, California Department of Fish and Game, South Coast Region, 4949
Viewridge Ave., San Diego, CA 92123
Jill Terp, US Fish and Wildlife Service, Carlsbad Office, 6010 Hidden Valley Rd-, Carlsbad,
CA 92009
Rick Ware, Coastal Resources Management, 638 Camino de los Mares, Suite C-240, #627,
San Clemente, CA 92673
-3 -
SPECIAL CONDITIONS FOR PERMIT NO. 200300848.CJF-
1. Essential Fish Habitat— Compliance with the Southern CaliforniaBelgrass Mitigation Policy
(National Marine Fisheries Service, 1991)
1. 1, Prior to initiating construction, the perniittee shall conduct a pre -construction survey to
map the location and areal extent of aelgrass resources located within 15 feet of the
project area. Pennittee shall provide the pre -construction report to the Corps, within 15
days after initiating construction,
1.2. The permittee shall a post -construction survey of eelgrass resources within 30 days after
completion of construction.
1.3. All eelgrass mapping, including survey methodology and timing, shall comply with the
requirements of the Southern Califomia Eelgrass Mitigation Policy.
1.4. The permittee shall mitigate for all direct and indirect, construction -related impacts to
eelgrass (Zostera tnarina) resources as described in the Marine Resources Impact
Assessment (Coastal Resources Management, March 2003) and at a 1.2:1 Mitigation ratio
as required by the Southern California Eelgrass Mitigation Policy.
1.5. To avoid the imposition of penalties for temporal losses WFAFH, the perMitteC shall
initiate work mitigation within 45 days of completion of in -water construction for on-
site mitigation (per section 6 of the Southern California Eelgrass Mitigation Policy).
1.6. Delays in the implementation of the mitigation shall result in a seven percent increase in
areal extent of the required mitigation, accrued monthly for each month of delay (per
section 7 of the Southem California Eelgirass Mitigation Policy).
1.7. The permittee shall wtify the Corps when the mitigatioTi/transplant begins.
1 -8. As required by section 8 of the Southern California Eelgrass Mitigation Policy, the
permittee shall provide scheduled maintenance and monitoring of the eelgrass mitigation
site for a period of no less than rive years for on-site mitigation and a period of no less
than seven years for off-site mitigation -
L9. Additionally, the permittee shall submit monitoring reports to the Corps of Engineers
and the resource agencies within 30 days of the required monitoring period,
1.10. All the required reports shall be submitted to the U.S. Army Corps of Engineers,
Regulatory Branch, ATTN: CESPL-CO-R-200200896-CJF, PO Box 5327 11, Los
Angeles, CA 90053-2325.
2. The permitted activity shall not interfere with the right of the public to free navigation on all
navigable waters of the United States.
3. No dredging orearthwork is authorized by this Nationwide Permit 3,
4. No new pilings are authorized by this permit.
-4-
3. No debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or
petroleum products, from construction shall be allowed to enter into or placed where it may
be washed by rainfall or runoff into waters of the United States.
5.1. Therefore, the permittee shall employ all standard Best Management Practices to ensure
that toxic materials, silt, debris, or excessive erosion do not enter waters of the United
States during project construction.
5.2. Upon completion of berthing improvements, any excess material or debris shall be
removed from the work area and disposed of in an appropriate upland site.
6. The permittee shall discharge only clean construction materials suitable for use in the oceanic
environment.
7. The permittee shall notify the Army Corps of Engineers of the date of commencement of
operations and the date, of completion of operations at least five days prior to such
completion.
8, Prior to the commencement of construction, the permittee shall notify the US Coast Guard in
writing. Please include: name of company conducting the operation, work to be completed,
project location, hours of operation, duration of project, equipment being used, and an on-site
point of contact, This information will be used in the Local Notice to Mariners (LNM) to
notify the maritime community of activities affecting navigation, Please send the notification
letter to: US Coast Guard, 1 Vh District, Attn: QM2 Rachel Mentz, Staff Symbol: can, Coast
Guard Island, Bldg. 50-6, ISC Alameda, CA 94501-5 100
9. Should any federal aids to navigation (AtoN) be affected by this project, the permittee shall
contact the US Coast Guard AtoN office at (510) 437-2982.
10. If the work requires that private aids to navigation be established, the permittee or contractor
should contact Mr, Brian Aldrich of the US Coast Guard at (510) 437-2981
11. Upon the US Coast Guard's receipt of the notification to start work, a copy of the appli=t's
letter will be sent to the Coast Guard Captain of the Port (COTP) of Los Angeles/Long Beach
forreview. The COTP may modify the deployment of marine construction equipment or
mooring systems to safeguard navigation during the project. Questions concerning lighting,
equipment placement, and mooring should be directed to the COTP at (310) 383-1600.
12. The permittee shall send a post -project survey to the National Ocean Service for chart
updating: Attn: Gerald E. Wheaton, NOAA Regional Manager, West Coast and Pacific
Ocean, DOD Center Monterey Bay, Rm 5082, Seaside, CA 93955-6711 -
-5 -
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
CERTIFICATION OF COMPLIANCE WITH
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT
Permit Number: 200300848-CJF
Name of Permittee: Erik Anderson
Date of Issuance: famiary 22, 2004
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to the following address:
U& Army Corps of Engineers
Regulatory Branch
ATTN: CESPL-CO-R-200300848-CJF
P.O. Box 532711
Los Angeles, Califon -da 90053-2325
Please note that your permitted activity is subject to a compliance inspection by an Army
Corps of Engineers representative. If you fail to comply with this nationwide pern-dt you may
be subject to permit suspension, modification, or revocation procedures as contained in 33 CFR
330.5 or enforcement procedures such as those contained in 33 CPR 326-4 and 326.5.
I hereby certify that the work authorized by the above referenced perrrdt has been
completed in accordance with the terms and conditions of the said permit, and required
mitigation was completed in accordance with the pern-dt condition(s).
Signahire of Permittee
Date
S
'p
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I
REPLY TO
ATTENTION OF:
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES. CALIFORNIA 90053
August 24, 1983
SUBJECT: Build New Dock, Ramp, and Pier for Laura Lee Woods
Mr. Sam Kniss
Trautwein Brothers
2410 Newport Blvd..
Newport.Beach, California 92663-3798
Dear Mr. Kniss:
Thank you for your letter of August 11, 1983 notifying us of your
intent to construct a boat dock, ramp, and T)ier at 9210
Channel Road, T,ots 22, 23, and 24, Block P. -.Tract 518
Your drawings have been reviewed and generally conform to the provisions
of General Permit GP004 for -privately QLMed
boat docks in Newport B v
Providing you have complied with State and local laws you may proceed
with the work.
Your proposed work has been assigned General Permit No. GPO04-160
if you have any furthur questions, please feel free to call our Regulatory
Branch at (213) 688-5606 and refer to this number. A copy of the General
Permit is enclosed.
Sincerely,
_ 7
J. P. Fast
Chief, Construction -
Operations Division
Enclosure
TA FL 537
May 83
State of Cafforria, Ge cW DeLkrneW, cawrnw
C�WorniaCoast&!Covnn sion
SOUTH COAST DISTRICT
24S West Broadway, SLite 38D
P.O. BOX 14SO
Lorg Beach. Calfoff" 90601-1450
(213) 590-SO71
STAFF REPCRr
AEMMISMATIM nEM
5-83-754
Filed:
10
49th Day:
12
i8Oth Day:
—42
staff Rewrt:
—11
?beting of:
Staff:
_D
APPLICANT: Laura Lee Woods AGENT: Trautwein Brothers
PROJECT IXATTON: 2210 Channel Rd.
Newport Beach, CA Orange County
/83
33
F4_
33
-1979'�
-kens/sws
PROJECT DESCR=CN: Construction of a private boat dock in conjunction
with a single-family residence.
IM AM N. A. ;AMSCM OMMUM N.A. PPO= DEN= N.A.
71I.Me *Do
i Ll r -r
11
a
E=rrrvF nTPFMM'1z tMEWMAIMM. Pursuant to PRC Sec. 3D624. the Ezecvtive Director hereby issues a perydt for
the proposed development, subject to Standard Ccrdlticris adopted by the C=dssion and Special CandItIons below. on
the Vvts-d3 that, as condItIoned, the developoe., -is In canfomity with the provisions of Chapter 3 of to�— Cmstal
Act at' 1976, will not prejudice the ability of the local Ipvez.van, to'prepaiv a Local Coastal hvVwn that is In
confmdty with the provisions of Chapter 3. and will not have " slVifIcant adverse Inpacts an the envirxxrent
within the aeanlM of the California Dwirwriental "lity Act. Any developnent located between the nearest public
road and the see Is in confbmity with the public access and public recreation policies of Chapter 3.
e
Pame I of 2
State of California,George Ieukmejian, Governor
California Coastal Commission
South Coast District COASTAL DEVELOPMENT PERMIT NO.
245 West Broadway, Suite 380
P.O. Box 1450
Long Beach, California 90801-1450
(213) 590-5071
on_ November 17, 1983
W'45
5-83-754
Page I of 2
the California Coastal Commission granted to
Laura Lee Woods, 10801 Ambazai Way, Los Angeles, CA 90077
this permit for the development described below, subject to the attached
Standard and Special conditions.
Construction of a private boat dock in conjunction with
a single-family residence.
SITE: 2210 Channel Rd.
Newport Beach, CA
Issued on behalf of the California Coa
ME= THIS PERM is NOT
UNLESS AND UNTIL A COPY CF T; -,'E N.Tg'
WITH THE SIGM
BEEN RETURNED TO THE COVIMV-SKIN
V
D - ' ne't
C1 3J�-
/Ve Or
WPORYSCACH,
Executive Director
and
ACKNOWLEDGEMENT
AS DHP
The undersigned permittee acknowledges
receipt of this permit and agrees to abide
by all terms and conditions thereof.
Date Signature of Permittee
5/81
Coastal Development ermit No. 5-83-754
Page 2
STANDARD CONDITIONS:
1. Notice of Rogjl aFd Ac:nR!� The permit is not valid and construction shall not comwnce until a copy of
We permit , na Y pe authorized agent, acknowledging receipt of the permit and acceptance of the
terms and conditions. is returned to the Cosimission office. I - �
2. Expiration. If construction has not commenced. the permit will expire two years from the date on which the Commission
voted on the application. Construction shall be pursued in a diligent manner and completed in a reasonable period of
time. Application for extension of the permit must be made prior to the expiration date.
3. Compliance. All construction must occur in strict compliance with the proposal as set forth in the application for
permit, Subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and
approved by the staff and my require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director
or the Commission.
5. Insigtigns- The Commission staff shall be allowed to inspect the site and the development during construction,
SUB 24-hour advance notice.
6. A ' T t - The permit my be assigned to any qualified person, provided assignee files with the Commission an
ME
aM —vilit accepting all terms and conditions o f the permit.
7. Terms and Conditions Run with the Land. These terms &W conditions shall be perpetual, and it is the intention of the
Commission and the permittee to bind all future owners and possessors of the subject property to the terms and
conditions.
SPECIAL CONDITIONS:
None.
Al'
Z+'
73
/0 43�0' �Q I
ILI
7c—)e I s -r L— c- aw " o
36'
11 4A
5-03-754
1� -V C, .9 ? �
VICIMITY SkETCH W"r Jsrry�
NgwPO� 5AY, CALIFOMNIA J rrr
MARINE DEPARTMENT
C/4 CITY kUL SOeIA011495 ale in Ac"t O'd don"i,
o,o,-,,A5 be/ow �7eo" Lower Low
30 NEWF"T KILVIL ro"spe C/' AA�rh,,
NEWMAT KAM GA sm ore eziobl�'.shcal
//RW7;� �,r ")
1983
36' 36" coxsrAL COMMISSION
Z 5' SOUTH �OAST DISTRICT
1 1-31-1 1 th coast.D lat ofjoic
a/ Z- 24
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of,
19,
fame
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0
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lo 7— 7�-2—/D
-14-A
VICIAJITY SKI�TCH
Nawpogr DAY, CAZIFORNIA
5'0z,tnd"95 alk
a erPressed In Yqre,4 an&
below A-Ico� Lower Low Woree. A4,,x�
rO�qe 0/- h'orl AlalhOe 11�7eS
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-16a, Aagge ss ' -2 2- X) C Y,4WWV�- 1,2,AE> CoAzr4rAc roa,5;4* I", sT
ki
CITY OF NEWPORT BEACH
HARBOR PERMIT
PERMISSION IS HERESY GRANTED TO CONSTRUCT AND
MAINTAIN THE FACILITY SHOWN ON7;!� REVENZ�4 HEREOF,
AT THE SfTE ONWCArEO, SU2M.-T To Tw`lr� C�Z'01V�SIONS OF
THE HARSOR PF.%M�T Or nr;.-CH AND
ANY SPECIAL. CCNrITR�74'5 L-ST"D Ni T��ls PERMIT
IS NOT
THE CITY C C N ",'-NT OF
GWEN p,
RIGHTS A.. THE
ONLY
AND THIS PER?"" 1I COUNCIL
IN ACCORDANCE WfTV TiTLE 13-,rF i', PAI CODE
6TY
10-7-72-X-10
CONSTRUC FION i
DATE .....
sg-wAe��
SPECIAL CONE)ITIOMS.
COrPs Of Engineers Permit
O"a"ft County Pirmit
Other
STATUS SHEET
HARBOR PERMITS
L 0 CA T 10 N_Z Z/ 0 Ae-� New I/
PERMIT NO. P;7 - Revi s ion
APPLICANI NAME__/,�. Dredging
(11,1IRACTOR
Date Rec'v—. Fee Alplt� I�ee Processed
Date Reviewed by Marine Deot.
Approved Denipd
Corection Required - Description
City Council Approved Deni e�
Remarks
DATE MATERIAL SENT/APPROVED
C.O.E. SCRZCII�
I . -ation
I App I i c
2. Consent Ltr.
3. "Waste" Ltr.
4. Drawings
5� Staff Report
6.
7.
a.
REMARKS
1 NA L
t,l� � , INSPECTIO
J, H . C. 0;R . C �Y
14aa4aaa B4aAeoU
WATERFRONT CONSTRUCTION
To: Laura Lee Woods
10801 Amba�&c Way
Los Angeles, Ca. goo24 71
Re: New dock at 2210 Channel Rd.,
Newport Beach
Dear Mrs. Woods:
2410 Newport Boulevard
Newport Beach, California 92663-3798
Telephone (714) 673-1960
Contrceors Licenm No. 322996A
August 1, 1983
For your convenience and to expedite the processing
of the permits, etc. that are necessary to the above
project, I can sign for you as your agent on all such
documents. If this is your desire, please endorse below.
Please retain one copy for your files.
Sincerely,
TRAUTWEIN BROTEERS
WAT:ERFRO CONSTRUCTION
I authorize you to act as my agent on the above project.
Signature
Date
J,
RF—qQRPIN.rP it9QUESTUP F
AND WN9N asco"aso MAIL we
r Leland K. Whittier
Street
d'"I 1600 Huntington Drive
IT &
Stale Lsouth Pasadena, a 91030
MAIL TAX 4TATaNMN, To
Leland K. Utittier
1600 Huntington Drive
;y &
Jaie
I LSOuth Pasadena, CA 91030
82-409008
Recorded'at-the request of
TITLE INSURANCE & TRUST CO.
8:00 NOV 221982
A.M.
Official ka,,,o,
Orange County, Califomii
L
M "I'll
mom. FuND
FEE $10.0o
D
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Individual Grant Deed
TO 1923 CA 112-74) THIS FORM FURNISHIZO BY TICOR TITLE INSURERS
A.P.N.048-301-08
ir9 The undersigned grantor (a) declare (I;) P41D
%Documentary transfer tax is $ .2,200.00 Doe t1e,
"EE ti'tR
z (X computed on full value of property conveyed, or A 8RANC,
CO. 8
Lr computed on full value less value of liens and encumbrances remaining at time of sale. RECZ"'.
too Unincorporated area; (x ) City of pt.-ar-h
A Nagip= and
31 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
LELAND K. WHITTIER bY ARLO G. SORENSEN and EILEEN MC INEIRNEY as his
he ., attorneys—in—fact.
r y GRANT(S) to LEWID K. WHITTIER, an unmarried man,
for life, remainder to LAURA—LEE WHITTIER MODS, a married woman as
her sole and separate property
the following described real property in the City of Newport Beach,
County of Orange State of California:
SEE EXHIBIT A HERETO
U)
EXCLUDED F'RCM REAPPRAISAL UNDER REVENUE AND TAXATION SECTION 62.
THIS DOCLMU RESERVES A L ESTATE IN FAVOR OF THE CRANTOR.
3
I
Dated July 27, 1982
4?
0
0
Z�5�. '4
Leland K. Whittier by Arl(5'0. Sorens
3�
—_ as his attornney=ixi.—fact
STATE OF CALIFORNIA
SS".
4V "�'CZ2�e
COUNTY OF
a4q
On
before me, the under-
Lielancl R. Wtuttier by Eileen Wfierx'_A
signed, a Kotary F�ubfic in and for said State,
personally appeared
as his attorney—in—fact
known to me
to be the perwn--whose name subscribed to the within
inatrumentand acknowledged that_—executed
the same.
WITNESS my hand and official Beal.
Signature
IT10. r,�, tur mw wtaria m.i)
Title Order No.
Escrow or Loan No ----
I
DESCRIPTION: 82-4o.goli
.PARCEL 1: LOTS 22,, 23 AND 24p BLOCK f'P" OF TRACT NO. 518, IN THE
CITY OF NEWPORT BEACH., COUNTY OF ORANGE, STATE OF CALIFORNIA,
RECORDED IN BOOK 17 PAGES 3-T TO 36p INCLUSIVE., OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THE SOUTH HALF OF LOT 22 DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 22; THENCE' NORTHERLY
ALONG THE EASTERLY LINE OF SAID LOT 22.. A DISTANCE -OF 19.135 FEET;
THENCE WESTERLY TO A POINT IN THE WESTERLY LINE OF SAID LOT 2-2,
DrSTANT,NORTHERLY THEREON 17.5 FEET FROM THE SOUTHWESTERLY CORNER
THEREOF; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT, A
DISTANCE OF 17.5 FEET TO THE SOUTHWESTERLY CORNER THEREOF;- THENCE
EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT A DISTANCE OF 80.00
FEET TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF LOT lfMlv� BLOCK "P" OF TRACT NO. 518, IN THE CITY OF
NEWPORT BEACHo COUNTY OF ORANGE, STATE OF CALIFORNIA.. AS PER MAP
RECORDED IN BOCK 17 PAGES 33 TO 36, INCLUSIVE OF MISCELLANEOUS MAPS..
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED SOUTHEASTERLY
BY THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF THE SOUTHERLY
HALF OF LOT 22 AS DESCRIBED IN PARCEL 1 ABOVE, AND BOUNDED NORTHWESTERLY,
BY THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT 24 AS
DESCRIBED IN PARCEL I ABOVE.