HomeMy WebLinkAboutM2011-0011DEPARTMENT OF THE ARMY
P.O. Box 532711
Los Angeles, CA 90017-3401
February 17, 2011
REPLY TO
ATTENTION OF:
Chief, Regulatory Division
ATTN: Steve Dunbar
4102 River Avenue
Newport Beach, California 92660
Dear Mr. Dunbar:
This is in reply to your application (File No. SPL-2009-00387-VCC) dated January
19, 2011, for a Department of the Army Permit to work or place structures in navigable
waters of the U.S., in association with the Dock Replacement Project at 4102 River
Avenue. The proposed work would take place in Newport Bay witliiil the City of
Newport Beach, Orange County, California.
Based on the information you have provided, the Corps of Engineers has
determined that your proposed activity complies with the terms and conditions of
Regional General Permit (RGP) No. 54 -Maintenance Dredging, Beach Nourishment, and
Dock Maintenance.
As long as you comply with the general and special conditions of RGP No. 54, an
individual permit is not required.
Specifically, you are authorized to conduct the following regulated activities:
1.. Replace an existing 17 -foot by 12 -foot dock and pile with a new 8 -foot by 12 -foot
float and two 12 square inch concrete piles; and
2. Redeck and relocate existing gangway approximately 5 feet to the west.
Furthermore, you must comply with the following non -discretionary Special
Conditions:
Special Conditions:
1. The permitted activity shall not interfere with the right of the public to free navigation
on all navigable waters of the United States as defined by 33 C.F.R. Part 329.
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2. No earthwork is authorized. by this general permit.
3. Creosote treated pilings shall not be placed in navigable waters unless all of the
following conditions are met:
A) The project involves the repair of existing structures that were originally constructed
using wood products;
B) The creosote treated pilings are wrapped in plastic;
C) Measures are taken to prevent damage to plastic wrapping from boat use. Such
measures may include installation of rub strips or bumpers,
D) The plastic wrapping is sealed at. all joints to prevent leakage; and
E) The plastic material is expected to maintain its integrity for at least ten years, and plastic
wrappings that develop holes or leaks must be repaired or replaced in a timely manner by
the Permittee.
4. No other modifications or work shall occur to the .structure permitted herein.
5. A pre -construction survey of the project area for Caulerpa taxifolia (Caulerpa) shall be
conducted in accordance with the Caulerpa Control Protocol (see
11ttp://swr.mnfs.noaa.gov/hcd/caulerpa/ccp.pdf) not earlier than 90 calendar days prior to
planned construction and not later than 30 calendar, days prior to construction. The results
of that survey shall be furnished to the Corps Regulatory Division, NOAA Fisheries, and
the California Department of Fish and Game (CDFG) at least 15 calendar days prior to
initiation. of work in navigable waters. In the event that Caulerpa is detected within the
project area, the Permittee shall not commence work until such time as the infestation has
been isolated, treated, and the risk of spread is eliminated as confirmed in writing by the
Corps Regulatory Division, in consultation with NOAA Fisheries and CDFG.
6. A valid pre -construction eelgrass 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 the construction and shall be valid until the next
period of active growth. If eelgrass is found within 15 feet of the project site, the Corps
shall be n9 fie prior to start of construction and the following measures shall be
Once a 'oriied impacts to navigable waters authorized by this permit have ceased, the
Pe itte shall conduct two years of post -construction eelgrass monitoring surveys per the
m pping defines in NOAA Fisheries' Southern California Eelgrass Mitigation Policy
( Icy) ( ttp://swr.nmfs:noaa.gov/hcd/policies/EELPOLrev11_final.pdf). All required post-
nstructIn monitoring surveys shall be submitted by the Permittee to the Corps
egulato Division and NOAA Fisheries within 30 calendar days of each survey
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completion date. Based upon the post -construction monitoring survey .results and in
accordance with the Policy, the Corps Regulatory Division will determine the need and/or
amount of Essential Fish. Habitat (EFH) mitigation required to offset adverse impacts to
such habitat. The Corps Regulatory Division will transmit its determination to the
Permittee in writing. Within 60 calendar days of receiving the Corps Regulatory Division's
determination specifying the need and amount of mitigation, the Permittee shall submit a
draft EFH mitigation plan to the Corps for review and approval. The EFH mitigation plan
shall be prepared in accordance with the Policy and the Corps' Los Angeles District
Mitigation Guidelines and Monitoring Requirements, dated April 19, 2004, unless updated,
in which case the updated requirements would apply. The Permittee shall fully implement
the final EFH mitigation plan as approved by the Corps Regulatory Division.
7. The Permittee shall discharge only clean construction materials suitable for use in the
oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust,
rubbish, cement or concrete washings thereof, oil or petroleum. products, from construction
shall be allowed to enter into or placed where it may be washed by rainfall or runoff into
waters of the United States. Upon completion of the project authorized herein, any and all
excess material or debris shall be completely removed from the work area and disposed of
in an appropriate upland site.
8. The Permittee shall notify the Corps Regulatory Division of the date of commencement
of operations not less than 14 calendar days prior to commencing work, and shall notify the
Corps of the date of completion of operations within 30 calendar days upon completion..
9. To ensure navigational, safety, the Permittee shall provide appropriate notifications to
the U.S. Coast Guard as described below:
Commander,11th Coast Guard District (dpw)
TEL: (510) 437-2980
E-mail: d11LNM@uscg.mil
Website: http://www.uscg.mil/dp/h=equest.asp
U.S. Coast Guard, Sector LA -LB (COTP)
TEL: (310) 521-3860
E-mail: john:p.heiuuganCauscg.mil
A) The Permittee shall notify the U.S. Coast Guard, Commander, 11th Coast Guard District
(dpw) and the U.S. Coast Guard, Sector LA -LB (COTP) (coritact information shown above),
not less than 14 calendar days prior to commencing work and as project information
changes. The notification shall be provided by e-mail with at least the following
information, transmitted as an attached Word or PDF file:
n
1.) Project description including the type of operation (i.e. diving, construction, etc).
2) Location of operation, including Latitude / Longitude (NAD 83).
3) Work start and completion dates and the expected duration of operations. The Coast
Guard needs to be notified if these dates change.
4) Vessels involved in the operation (name, size and type).
5) VHF -FM radio frequencies monitored by vessels on scene.
6) Point of contact and 24 -hour phone number.
7 Potential hazards to navigation.
8) Chart number for the area of operation.
9) Recommend the following language be used in the LNM: "Mariners are urged to
transit at their slowest safe speed to minimize wake, and proceed with caution after
passing arrangements have been made."
B) The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully
damage, make fast to, or interfere with any aids to navigation defined at 33 C.F.R. chapter I,
subchapter C, part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast
Guard District in writing, with a copy to the Corps Regulatory Division, not less than 30
calendar days in advance of operating any equipment adjacent to any aids to navigation
that requires relocation or removal. Should any federal aids to navigation be affected by .
this project, the Permittee shall submit a request, in writing, to the Corps Regulatory
Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information
provided above). The Permittee and its contractor are prohibited from relocating or
removing any aids to navigation until authorized to do so by the Corps Regulatory
Division and the U.S. Coast Guard.
C) Should the Permittee determine the work requires the temporary placement and use of
private aids to navigation in navigable waters of the U.S., the Permittee shall submit a
request in writing to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids
to Navigation office (contact information provided above). The Permittee is prohibited
from establishing private aids to navigation in navigable waters of the U.S. until authorized
to do so by the Corps Regulatory Division and the U.S. Coast Guard.
D) The COTP may modify the deployment of marine construction equipment or mooring
systems to safeguard navigation during project construction. The Permittee shall direct
questions concerning lighting, equipment placement, and mooring to the appropriate
COTP.
10. Within 30 calendar days of completion of the project authorized by this permit, the
Permittee shall conduct a post -project survey indicating changes to structures and other
features in navigable waters. The Permittee shall forward a copy of the survey to the Corps
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Regulatory Division and to the National Oceanic and Atmospheric Service for chart
updating: Gerald E Wheaton, NOAA, Regional Manager, West Coast and Pacific Ocean.,
DOD Center Monterey Bay, Room 5082, Seaside, CA 93955-6711.
11. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the Permittee will be required, upon due notice from
the Corps of Engineers Regulatory Division, to remove, relocate, or alter the structural
work or obstructions caused thereby, without expense to the United States. No claim shall
be made against the United States on account of any such removal or alteration.
A general permit does not grant any property rights or exclusive privileges. Also,
it does not au.thonze any 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.
Attached to this verification that your project is authorized by RGP No. 54 is an
approved jurisdictional determination (JD). If you are not in agreement with that
approved JD, you can. make an administrative appeal under 33 C.F.R 331.
Thank you for participating in our regulatory program. If you have any questions,
please contact Veronica Chan at 213-452-3292 or via e-mail at
Veronica.C.Chan@usace.army.mil.
Please be advised that you can now comment on your experience with Regulatory
Division by accessing the Corps web -based customer survey form at:
htW:Z/2er2.nwl2.usace.army.mil/survey.htmL
Sincerely,
� V✓ _ � �4� 4 � .I/ A yr.3
Spencer D. MacNeil, D.Env.
Chief, Transportation & Special Projects Branch
Regulatory Division
Enclosure
>r
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Page 1 of 7
200 Oceangate, suite 1000 Date: February 2, 2011
Long Beach, CA 90802-4302
(562) 590-5071 Permit No: 5-10-088
COASTAL DEVELOPMENT PERMIT
On October 13, 2010, the California Coastal Commission granted to Steve Dunbar
Coastal Development Permit 5-10-088, subject to the attached Standard and Special
Conditions, for development consisting of:
Demolition of an existing 10' by 17' floating dock including removal of two
12 -inch diameter concrete piles and construction of a new 8' by 12' float
with two 12 -inch diameter concretepiles. The existing gangway is
proposed #o be re -decked- and ro-used. Also proposed is construction of a
separate 10' by 13' platform supported by the bulkhead and one new
fourteen -inch "T" pile. More specifically described in the application file in
the Commission offices.
The development is within the coastal zone at 4102 River Avenue, Newport Beach,
Orange County.
Issued on behalf of the California Coastal, Commission on 2/2/2011.
PETER DOUGLAS _. By; t
Executive Director Title: Coastal Program A lyst
ACKNOWLEDGMENT
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 PEIWIT 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
Please sign and return one copy of this form to the Commission office at the above
address:
1. Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent,acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years
from the date 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. Assignment. The permit maybe 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. Elimination of 13' by 10' Separate Platform
A. The development approved under this coastal development permit (5-10-088;
Dunbar) at 4102 River Avenue in Newport Beach includes only the demolition of
the existing 10' by 17' floating dock and removal of two existing, 12 -inch
diameter concrete piles and construction of a new 8' by 12' float and placement
of the two related 12 -inch diameter concrete piles, and re -decking and re -using
the existing. gangway; and does not include approval of the proposed 13' by 10'
platform supported by the bulkhead and pile within coastal waters.
B. Prior to issuance of the coastal development permit, the applicant shall
submit, for the review and approval of the Executive Director, revised plans
indicating that the platform has been deleted from the project.
C. 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
COASTAL DEVELOPMENT PERMIT
Application No. 5-10-088
3of7
without a Commission amendment to this coastal development permit unless the
Executive Director determines that no amendment is legally required.
2. Eelgrass Survey
A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass
(Zoestera marina) survey shall be completed during the period of active
growth of eelgrass (typically March through October). The pre -
construction survey shall be completed prior to the beginning of.
construction and shall be valid until the next period of active growth. The
survey shall be prepared in full compliance with the "Southern California
Eelgrass Mitigation Policy" Revision 8 (except as modified by this special
condition) adopted by the National Marine Fisheries Service and shall be
prepared in consultation with the California Department of Fish and Game.
The applicant shall submit the eelgrass survey for the review and approval
of the Executive Director within five (5) business days of completion of
each eelgrass survey and in any event no later than fifteen (15) business
days prior to commencement of any development. If the eelgrass survey
identifies any eelgrass within the project area which would be impacted by
the proposed project; the development shall require .an amendment to this
permit from the Coastal Commission or a new coastal development
permit.
B. Post Construction Eelgrass Survey: If any eelgrass is identified in the
project area by the survey required in subsection A of this condition
above, within one month after the conclusion of construction, the applicant
shall survey the project site to determine if any eelgrass was adversely
impacted. The survey shall be prepared in full compliance with the
"Southern California Eelgrass Mitigation Policy" Revision 8 (except as
modified by this. special condition) adopted by the National Marine
Fisheries Service and shall be prepared in consultation with the California
Departirent of Fish and Game. The applicant shall submit the post -
construction eelgrass survey for the review and approval of the Executive
Director within thirty (30) days after completion of the survey. If any
eelgrass has been impacted, the applicant shall replace the impacted
eelgrass at a minimum 1.2:1 ratio on-site, or at another location, in
accordance with the Southern California Eelgrass Mitigation Policy. All
impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1
(mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio
found within SCEMP shad not apply. Implementation of mitigation shall
require an amendment to this permit or a new coastal development permit
unless the Executive Directordetermines that no�amendment or new
permit is required.
COASTAL DEVELOPMENT PERMIT
Application No. 5-10-088
4of7
3. Pre -construction Caulerpa Taxilfolia Survey -
A. Not earlier than 90 days nor later.than 30 days prior to commencement or
re -commencement of any development authorized under this coastal
development permit (the "project"), the 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 taxilfolia.
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:
i. for the review and approval of the Executive Director and
ii. to the Surveillance Subcommittee of the Southern California
Caulerpa Action Team (SCCAT).. The SCCAT Surveillance
Subcommittee may be contacted through William Paznokas,
California Department of Fish & Game (858/467-4218) or Robert
Hoffman, National Marine Fisheries Service (562/980-4043), or
their successors.
D. If Caulerpa taxilfolia is found within the project or buffer areas, the
applicants, shall not proceed with the development approved under this
coastal development permit until 1) the applicants provide evidence to the
Executive Director that all C. taxilfolia discovered within the project area
and all. C. taxilfolia discovered within the buffer area have been eliminated
in a manner that complies with all applicable governmental approval
requirements, .including but not limited to those of the CaliforniaCoastal
Act, or 2) the applicants have revised the project to avoid any contact with
C. taxilfolia. No revisions to the project shall occur without a Coastal
Commission approved amendment to this coastal development permit
unless the Executive Director determines that no amendment is legally
required.
4. Construction Responsibilities and Debris Removal
The permittee shall comply with the following construction related requirements:
A. No demolition or construction materials, equipment, debris, or waste shall be
placed or stored where it may enter sensitive habitat, receiving waters or a
storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion.
COASTAL DEVELOPMENT PERMIT
Application No. 5-10-088. 5 of 7
B. Any and all debris resulting -from demolition or construction activities, and any
remaining construction material, shall be removed from the project site within
24 hours of completion of the project.
C. Demolition or construction debris and sediment shall be removed from work
areas each day that demolition or construction occurs to prevent the
accumulation of sediment and other debris that may be discharged into
coastal waters.
D. Machinery or construction materials not essential for project improvements
will not be allowed at any time in the intertidal zone.
E. If turbid conditions are generated during construction a silt curtain will be
utilized to control turbidity.
F. Floating booms will be used to contain debris discharged into coastal waters
and any debris discharged will be removed as soon as possible but no later
than the end of each day.
G. Non buoyant debris discharged into coastal waters will be recovered by divers
as soon as possible after loss:
H. All trash and debris shall be disposed in the proper trash and recycling
receptacles at the end of every construction day.
I. The applicant shall provide adequate disposal facilities for solid waste,
including excess concrete, produced during demolition or construction.
J. Debris shall be disposed of at a legal disposal site or recycled at a recycling
facility. If the disposal site is located in the coastal zone, a coastal
development permit oranamendment to this permit shall be required before
disposal can take place unless the Executive Director determines that no
amendment or new permit is legally required.
K. 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.
L. Machinery and equipment shall be maintained and washed in confined areas
specifically designed to control runoff. Thinners or solvents shall not be
discharged into sanitary or storm sewer systems.
M. The discharge of any hazardous materials into any_receiving waters shall be
prohibited.
N. Spill prevention and control measures shall be implemented to ensure the
proper handling and storage of petroleum products and other construction
COASTAL DEVELOPMENT PERMIT
Application No. 5-10-088 6 of 7
materials. Measures shall include.a designated fueling and vehicle
Maintenance area with appropriate berms and protection to prevent any
spillage of gasoline or -related petroleum products -or contact with, runoff. The
area shall be located as faraway from.the receiving. waters and storm drain
inlets as possible:
O. Best Management Practices (BMPs) and Good Housekeeping Practices
(GNPs) designed to prevent spillage and/or runoff of demolition or
construction -related materials, and to contain sediment or contaminants
associated with demolition or construction activity, shall be implemented prior
to the on_ -set of such activity.
P. All BMPs shall be maintained in a functional condition throughout the duration
of construction activity.
5. Best Management Practices Program
By acceptance of this permit the applicant agrees that the iong-term water -borne
berthing of boat(s) in the approved dock and/or boat slip will be managed in a
manner that protects water quality pursuant to the implementation of the
following BMPs.
(a) Boat Cleaning and Maintenance Measures:
1. In -water top -side and bottom -side boat cleaning shall minimize the
discharge of soaps, paints, and debris.
2. In -the -water hull scraping or any process that occurs under water that
results in the removal of paint from boat hulls shall be. prohibited Only
detergents and cleaning components that are designated by the
manufacturer as phosphate -free and biodegradable shall be used, and the
amounts used minimized.
3 The applicant shall minimize the use of detergents and boat cleaning and
maintenance products containing ammonia, sodium hypochlorite,
chlorinated solvents, petroleum distillates or lye.
(b) Solid and Liquid Waste Management Measures:
1. All trash, recyclables, and hazardous wastes or potential water
contaminants, including old gasoline or gasoline with water, absorbent
materials, oily rags, lead acid batteries, anti -freeze, waste diesel,
kerosene and mineral spirits shall not at any time be disposed of in. the
water or gutter but, rather be disposed of in a manner consistent with state
and/or federal regulations.
(c) Petroleum Control Management Measures:
COASTAL DEVELOPMENT PERMIT
Application No. 5-10-088 page 7 of 7
1. Boaters will practice preventive engine maintenance and will use oil
absorbents in the bilge and under the engine to prevent oil and fuel
discharges. Oil absorbent materials shall be examined at least once a
year and replaced as necessary. Used oil absorbents are hazardous
waste in California. Used oil absorbents must therefore be disposed in
accordance with hazardous waste disposal regulations. The boaters shall
regularly inspect and maintain engines, seals, gaskets, lines and hoses in
order to prevent oil and fuel spills. The use of soaps that can be
discharged by bilge pumps is prohibited.
2. If the bilge needs more extensive cleaning (e.g., due to spills of engine
fuels, lubricants or other liquid materials), the boaters will use a bilge
pump -out facility or steam cleaning services that -recover and properly
dispose or recycle all contaminated liquids.
3. Bilge cleaners which contain detergents or emulsifiers will not be used for bilge
cleaning since they may be discharged to surface waters by the bilge pumps.
6. Public Riahts
The Coastal Commission's approval of this permit shall not constitute a waiver of any
public rights that exist or may exist on the subject property including, but not necessarily
limited to, the tideland and submergedland beneath the development approved by this
coastal development permit. The permittee shall not use this permit as evidence of a
waiver of any.public rights that may exist on the property.
My/1m (g permit 5-10-088) Printed on February 2, 2011
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HARBORRESOURCES DIV .
CITY OF NEWPORT BEACH
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Appu OvFn
Permit No. _ - _
By:-- -- -- -G -- -r--
EFFECTIVE
Da,,,; ----------
PLAN V! BN \ p `
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3044 / Fax (949) 723-0589
HARBOR PERMIT/APPROVAL IN CONCEPT
HARBOR PERMIT/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 float & pile.
Install new 8'X 12' float w/2-12" concrete pile. Re -deck and
Address number must be stenciled on at least 1 bayward facing pile.
Pier conditions must be signed by applicant prior to final approval.
Property Address: 4102 River Ave.
Legal Description:
Harbor Permit Number: 241-4102
Plan Check Number: 0487-2010
Applicant: Steve Dunbar
Applicant's Mailing Address: 4102 River Ave., Newport Beach, CA 92663
Phone Number: 949-631-3121
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application. Page 1 of 2
And find
They comply with the current adopted Newport Beach General Plan, Municipal
Code, Title 17 and any applicable specific or precise plans or,
❑ That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the
Municipal Code or other regulations in any manner that would affect the use of the
property or the design of a project located thereon, this Approval In Concept shall
become null and void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted thereunder, this development:
Has been determined to be ministerial or categorically exempt.
❑ Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
❑ Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
harbor permit and a building permit have been given and are final. The development is
not subject to rejection in principal by Newport Beach unless a substantial change is
proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
Special Conditions.
sa Walters, Harbor Resources
January 12, 2011
Attachments:
Worksheet for Building Permit. Application
Drawing
Pier Conditions
Page 2 of 2
Worksheet for Building Combo Permit Application
City of Newport Beach - Building Department
Nease print 3 copies u A no/°` n neeni I
ng [71 Grading r—Drainage [7 Elec
1. Project Address (Not mailing address)
Tenant Name(if Applicable)l
........................... ......... ..............
No
............................. . ...........................
# Units (if Residential)
Exist Gar SF Demo Garage SF Add/Reconstruct Garage SF
F777
.................................................
TOTAL HOUSE SIF
New F7. Add f7 Alter7Demo ................. ..........................
. ...... . . ..
r
TOTAL GARAGE SF
'heck ADDroDriate
3. Owner's Name Last First
I ............. ..............................
Owner's Address
... ..... . .......... . . ........... ........... .......... ......................................................... .
City State
......... ...... . .
.. . ..... ....
Owner's E-mail Address
......................... ....................................................... ....................................
Zip Telephone
.....................
4. Architect/Designer's Name Last1First Lic. No. W .................. ............................................. ........................................................
Architect/Designer's Address
.......................................................................................................................................................................... ...........................
city
State
I .. . ..... . .. . ....... .... . ... .. ....... .. .. ........ ... __ .. ... . .... ........ . ..... . ... .......
.... .... ..
Architect/Designer's E-mail Address
Zip Telephone
.......................... ............. .......................................... .............
5. Engineer's Name Last First
Lic. No.
.................................... ............................................. .................. .............................
Engineer's Address,
City p. State
.......................................:
Engineer's E-mail Address
............... ............ . .. ................ ............................ ........................ ...........
Telephone
Zip
.............. ............................ :
....................... .....................................
F-,,'6. Contractor's Name Last First Lic. No Class
......... ..................................................... .............................. 7 ............
Contractor's Address
014-
......
........................... z
City State
..................... .......... ...............
OFFICE USE ONLY ENERGY P/C FEE $
GRADING P/C FEE $
Contractor's E-mail Address
I.......................................................
................................................................................ ................ ................................
Zip Telephonel
........ ... ..
PERMIT NO.
PLAN CHECK NO.
Rev 1118107 ELEC/MECH/PLUM P/C PLAN CHECK FEE $
ur un-mrun P uERcH
CITY OF
WNPORT BEACH
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EEL GRASS INSPESTION
El Eelgrass within 15' of pr affect
0 Eelgrass within 15 - 30, of project
No el ra sin pr i ct area
Signature
n s p e c t —io 'nD—Wt—�—,q-
Tim—e
PLAN VIEW
CITY OF NEWPORT BEWCH
CITY OFMMT
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V I i I N I TY MHP JETTY PFW i LE 1`= 40
t+�oRr a4r, c .rraauA SOUNDINGS FRE EXPRESSED IN FEET RND DENOTE
€ ELEVATIONS BRSED ON MEAN LOWER LOW WATER.
tl PLAN f1EN 1' - 40
HPC rcRNT'S NW .e fDRTE\�J
03/09/2011 16:16 9496313122 SWIFTSLIPDOCKPIER
v. f xvf Vyi lou in: v.2 fAA ,l,WIrm blip
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644.3034 / Fax (049) 723-0589
Special Conditions
January 12, 2011
Property Address: 4102 River Ave.
PAGE 01/02
®001/002
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-13-each.....and .airy nth r..-applicabl ... g Cie Painting ....acrd- virork......considered ..ta..._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
03 09x'2011 16:16 9496313122 SWIFTSLIPDOCKPIER PAGE 02/02
- �raa2l�az
7. In acoordanee with Municipal Code 10.28.040 the faitowing noise regulations apply: "A.
Weekdays and SaturUays. No persan shall, while engaged in construction, rernudelinSdigging,
grading, demolition, painting, Plastering or any other related buFidin act Pdisturb,
,ytool,
equipment or machine in a manner which produces loud noise that diMrbs- or mulddi t rb, a�
person of normal sensitivity who works or resides in the vicinity, on any weekday except
between the hours of severs a.m. and six-Worty p.m„ nor on any Saturday except between the
hours of elgilt a.m. and six p.m- B. Sundays and Holidays. No person shall, while engaged in
construction, remodeling, digging, grading, demolftn, paining, plastering or any otftar related
building act;v�ty,. apv�atc any Cool, equipment or machine in a manner which produces laud
mise that disturbs, or could disturb, 8 person of notrttal sells
ftitY • vicinity, on any Sunday or any federml hariday.* who �'`o or resides in the
l
S. 'Your site property lures extend in tho water along their same beating. Vessels shall,
not encroach upon the neighbors property an aitherside,
9, Vessels may not extend beyond the end of the fingers by mate than the width of its
bean.
10. The rnaxirnurn beam of 3 vessel that is permitted tO side tie tD the wes ernmost side of the
float is 14'.
11, The maximum beam of a vessel that is permitted to side de to the easternmost side of the
I float IS
i
Lisa Waftrs, Harbor Resources
i
N C1 -
Jvint Pier Applicant Signa(ure (if applla�ble)P nt Name
Dais
Page 2 of 2
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
Special Conditions
January 12, 2011
Property Address: 4102 River Ave.
With reference to the plans currently under consideration at the above referenced address to
reconfigure or modify the dock system or bulkhead, the following conditions will now be in
effect:
1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title
17 of the City of Newport Beach Municipal Code. The project proponent understands that the
above referenced structure(s) is under the purview of these Policies and Codes.
2. Any future work on the above mentioned structure(s) requires permits with the City of
Newport Beach and any other applicable agencies. Painting and work considered to be
cosmetic in nature does not require a permit.
3. The conditions set forth in this document pertain to the proposed dock system and/or
bulkhead under consideration. Any future modifications or alterations to the dock system
and/or bulkhead may require new conditions which may override or change these conditions.
These conditions supersede all past conditions associated with this property.
4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio
furniture, plants etc ... are not permitted.
5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the
proper permits for equipment and materials storage. "Except as otherwise provided in this
section, no person shall use any public street, sidewalk, alley or parkway or other public
property for the purpose of storing or displaying any equipment, materials or merchandise, or
any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used
for the purpose of selling, storing, or displaying any equipment, material, merchandise or for
other commercial purposes in the following cases: ... For the temporary storage of construction
equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and
the storage is consistent with provisions of the Uniform Building Code."
6. The project shall be implemented in conformance with the Local Coastal Program - Coastal
Land Use Plan.
Page 1 of 2
7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A.
Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging,
grading, demolition, painting, plastering or any other related building activity, operate any tool,
equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a
person of normal sensitivity who works or resides in the vicinity, on any weekday except
between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the
hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in
construction, remodeling, digging, grading, demolition, painting, plastering or any other related
building activity, operate any tool, equipment or machine in a manner which produces loud
noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the
vicinity, on any Sunday or any federal holiday."
8. Your side property lines extend in the water along their same bearing. Vessels shall
not encroach upon the neighbor's property on either side.
9. Vessels may not extend beyond the end of the fingers by more than the width of its
beam.
10. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the
float is 14'.
11. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the
float is 8'.
Lisa Walters, Harbor Resources Date
Applicant Signature Print Name Date
Joint Pier Applicant Signature (if applicable) Print Name Date
Page 2 of 2
EEL GRASS INSPECTION
* Eelgrass Within 15' of project
* Eelgrass within 15 - 30'of project
MF.;
M' m ME
40'
M NT)IWS AW "YPQ-rC=n Itr r T
'LLEVATTQNIS USED ON FEFKU� LIU-n' i.:.
OF Wok 1z
10 P 7
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ele Ac
ell
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I alt N,
13' I - /` -� r ,
P L K� V
Page 1 of 2
Amanda
From: Meg Vaughn [mvaughn@coastal.ca.gov]
Sent: Friday, December 03, 201011:10 AM
To: Walters, Lisa
Cc: Amanda
Subject: FW: Dunbar dock - 4102 River Ave, newport beach 5-10-088
Hi Lisa,
I just wanted to let you know that I'm working on condition compliance for coastal development 5-10-
088 (Dunbar) at 4102 River Ave (see emails below). The applicant has indicated that he'd like to make
a minor change to the layout of the dock design. We have determined this minor change is in
substantial conformance with the plans that were approved by the Commission. However, we need to
know whether the City finds the revised design to be acceptable. We-,dornotically require a
separate eel grass survey at the time of condition compliance/permit issuance, and are not. requiring an
additional eel grass survey prior to issuance of this permit. The Commission's approval included a
special condition that requires submittal of revised plans. Because of the applicant's proposed minor
change, we want to confirm with the City that the revised plans are acceptable before we issue the
permit. Just wanted to let you know our position re the AIC for this project.
Please let me know if you have any question.
Thank you,
Meg Vaughn
From: Meg Vaughn
Sent: Friday, December 03, 2010 9:26 AM
To: 'SDDunbar@aol.com; 'Amanda'
Subject: RE: Dunbar dock - 4102 River Ave, newport beach 5-10-088
Thank you both for checking with us prior to making changes to the approved plan. I've had a chance
to review the proposed change and can let you know how to proceed.
The change proposed appears to be minor and in substantial conformance with the approved pian.
The permit approval included a special condition that required submittal of revised plans (deleting the
originally proposed 13' x 10' foot platform). The plans submitted to comply with this special condition
can include the minor change (reversing the location of the dock as shown on the plan emailed
11/29/10) without having to process an amendment to the approved coastal development permit.
Please note, however, that the revised plans with the minor change must include Approval in Concept
from the City Harbor Department.
Once we receive the revised plans (2 copies) with the City's AIC, the permit can be issued.
All conditions of approval of 5-10-088 will remain in effect.
Please let me know if you have any questions.
Thank you,
Meg Vaughn
Staff Analyst
From: SDDunbar@aol.com [mailto:SDDunbar@aol.com]
Sent: Monday, November 29, 2010 9:07 PM
To: Meg Vaughn
Subject: Dunbar dock - 4102 River Ave, newport beach 5-10-088
Here is the pian. I removed the cantilevered pier that the commission did approve. What I would like to
do is reverse the position so that the dock position is closer to the south property line. The dimensions
and spacing on each side are the same only in reverse of what was on the approved plans. On the
approved plan the distance from the dock to the property line was 8 feet and distance on the south was
14 feet to the property line. In this version it is the opposite 14 feet on the north and 8 feet on the
12/3/2014
Page 2 of 2
south. The reason for my request is directly across. from the south side of my lot is across the channel is
another house and a boat and dock. If I were to put a maximum allowable size boat on the 14 foot side of the
approved plans then this would make the channel very narrow and risk of accident. If we could flip the plan
then the 14 foot side would not have a house, dock or boat because it is a cul-de-sac road next to sea wall and
this would keep the channel wider and less risk of accidents from other boats. These channels are narrow and
my house is the last house from the north that is allowed to put a boat in toward the sea wall due to the
narrowing that starts at about mid -lot. I would like to apply for a change without having to reapply for a new
hearing with the coastal commission since nothing is changing in size only moving the dock 6 feet to the north
while maintaining the same distance from the bulkhead line. I think this is a safer design and would like your
help.
Thanks
Steve Dunbar
714-851-2729
12/3/2010
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3044 / Fax (949) 723-0589
�j
HARBOR PERMIT/APPROVAL IN CONCEPT
HARBOR PERMIT/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 float & pile.
Install new 8'X 12' float w/2-12" concrete pile. Install new 10'X 13' pier w/1-14" T - pile.
Re -deck and re -use existing an wa .
Address number must be stenciled on at least 1 bayward facing pile.
Pier conditions must be signed by applicant prior to final approval.
Property Address: 4102 River Ave.
Legal Description:
Harbor Permit Number: 241-4102
Plan Check Number: 0487-2010
Applicant: Steve Dunbar
Applicant's Mailing Address: 4102 River Ave., Newport Beach, CA 92663
Phone Number: (949) 631-3121
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application. Page 1 of 2
And find
,They comply with the current adopted Newport Beach General Plan, Municipal
Code, Title 17 and any applicable specific or precise plans or,
❑ That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the
Municipal Code or other regulations in any manner that would affect the use of the
property or the design of a project located thereon, this Approval In Concept shall
become null and void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted thereunder, this development:
.,Has been determined to be ministerial or categorically exempt.
❑ Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
❑ Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
harbor permit and a building permit have been given and are final. The development is
not subject to rejection in principal by Newport Beach unless a substantial change is
proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
Special Conditions.
Lisa Walters, Harbor Resources
March 25, 2010
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
T YORT BE.HCH
,4.. i..
,T""\
Im
Please print 3 copies
Worksheet for Building Combo Permit
Cit
of Newport
ort Be
ach - Building De artm
i
0f
Iding f7, Grading (-...Drainage
1. Project Address (Not mailing address)
Tenant Name(if Applicable)
2. Description of Work
Exist House SF
2
M
f- Elec F
Exist Gar SF Demo Garage SF Add/Reconstruct Garage SF
M mo
# Units (if Residential)
Use
Valuation $
# Stories 17
TOTAL HOUSE SF Cu Yd Cut
New Add Alter f7Demo ........................
TOTAL GARAGE SF Cu Yd Fill
. ......... . ........................... ..
Check App ro riate Box for Applicant
3. Owner's Name Last '(1 First )ice We
�//0 °............................................................
Owner's Address Owner's E-mail Address
.......................... _. q / 0.....................................................................................................................;
City State _ Zip .......
...............................................Telephone...................... ......... ..................... ....1..�.............................................................
l�3
174. Arch itect/Des 1 g ner's Name Last First Lic. No.
Architect/Designer's Address Architect/Designer's E-mail Address
.... ........ .. ... . .
City State Zip Telephone
_. ............................. . v........... .......................
OFFICE USE ONLY ENERGY P/C FEE $
GRADING P/C FEE $
Rpv 1/1R1n7 ELEC/MECH/PLUM P/C
PERMIT NO.
PLAN CHECK NO
PLAN CHECK FEE $
0 t4s I -Zo Io
�So.b"
2726 Shelter Island Dr.
WS S 1 San Diego CA 92106
(800) 236-0013 • (800) 225-9730 (fax)
08 March 2010
To: Mr. Brady Helm
Swift Slip
2027 Placentia Avenue
Costa Mesa, CA 92627
Re: Preliminary Eelgrass Survey, 4102 River Ave, Newport Beach, CA
Dear Mr. Helm,
Attached is the preliminary Eelgrass (Zostera marina) survey as well as a Caulerpa Survey
Reporting Form for the dock replacement and pile -driving project at 4102 River Ave, Newport,
CA. No Caulerpa was observed, and no eelgrass was present in the general vicinity of the
project area.
As you know, this preliminary report was required in accordance with the Southern California
Eelgrass Mitigation Policy (SCEPM) since eelgrass is widely distributed throughout the
Newport Bay. This policy protects an important marine habitat, seagrass beds, which provide
habitat and food for adult and juvenile marinelife such as halibut, lobster, seabirds and even
endangered sea turtles.
Responsible development by homeowners and contractors like you help to protect these
sensitive marine ecosystems here in southern California, contributing to the greater challenge
of protecting our ocean resources. We appreciate the opportunity to work with you. A digital
copy of this report has also been emailed to you as well.
If you have any questions, please do not hesitate to contact us at any of the numbers below.
Sincerely,
-11 �. 0�
Mary Ostrander
WSSI Environmental Consulting & Monitoring
2726 Shelter Island Dr. San Diego, CA 92106
mostrander@wssica.com
619-246-1597 Direct Line
800-236-0013 Main Office
800-225-9730 Fax
2726 Shelter Island Dr.
WS S 1 San Diego CA 92106
(800) 236-0013 • (800) 225-9730 (fax)
4102 River Avenue
Newport Beach, California
Swift Slip
Dock & Pier Builders, Inc.
Costa Mesa, California
Preliminary Eelgrass Survey
Prepared
08 March 2010
i�
WSSI Environmental Consulting
Mary Ostrander
DiegoArqw 2726 Shelter Island Dr.
San 666
H
2726 Shelter Island Dr.
W S S 1 (800) 236-0013 - (800) 225-9730 (fax)
San Diego CA 92106
The survey was conducted on 05 March 2010 beginning at1100h[at approximatelyNUat
33.620046)-, W (long -117.935840)0 Itwas inthe mid 6D°BFthe water was approximately
GO"F.The depth ranged from 4.5ftGtthe wall tO1Oftinthe center Vfthe channel. Visibility was
appr0xinnEte|y3R.
Adiver entered the water from 8dock. Asurvey area was delineated, spanning 6Oft(18m)
nOrthOaSt-tO-SOuthvve8tand H2 ft(1Sm)nOr[hvv8St-tO-SOuth8a8ttOcover all shade -impacted
areas. The diver surveyed along transects 818ft(2rn) intervals through the entire survey area
, No eelgrass was present within survey area.
u Alk A �90 0 2726 Shelter Island Dr.
San Diego CA 92106
(800) 236-0013 - (800) 225-9730 (fax)
w � I
IBM 2726 Shelter Island Dr.
San Diego W455 1 (800) 236-0013 - (800) 225-9730 (fax)
A, 92106
Pm a . .
Dock and piles to be removed and replaced at 4102 River Avenue, Newport, CA
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 identify and control any potential impacts of the authorized actions on the spread of
Caulerpa. 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 permittee to
ensure that survey work is following the latest protocols. For further information on these protocols,
please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043,
or William Paznokas, California Department of Fish & Game, (858) 467-4218).
Report Date:
Friday 05 March 2010
Name of bay, estuary,
lagoon, or harbor:
Newport Harbor
Specific Location Name:
(address or common
4102 River Avenue, Newport Beach, CA
reference
Site Coordinates:
. (UTM, LatAong., datum,
N 33.620046 Lat
accuracy level, and an
W 117.935840 Long
electronic survey area map
or hard copy of the map
must be included)
Survey Contact:
Mary Ostrander, 800-236-0013, mostrander@wssica.com
name, phone, e-mail)
Personnel Conducting
Survey (if other than
Tom Nelson
above): (name, phone,
949-910-2310
TomNnewport@yahoo.com
e-mail
Permit Reference:
pending
(ACOS Permit No.,
RW CB Order or Cert. No)
Is this the first or second
This is the first survey.
survey for thisproject?
Was Caulerpa Detected?:
(if Caulerpa is found, please
Yes, Caulerpa was found at this site and
immediately contact NOAA
Fisheries or CDFG personnel
identified above)
has been contacted on date.
XXX No, Caulerpa was not found at this site.
Description of Permitted
Work:
(describe briefly the work to
be conducted at the site
Removal of existing dock and pile. Install
new 10x 13 Pier per city standards. Redeck
existing gangway. New 8x 12 float with 2-12"
under the permits identified
above)
concrete piles.
Description of Site:
Depth range:
-
Substrate e:
sand with light si Tt cover
(describe the physical and
60 deg F
biological conditions within the
-Temperature:
Salinity:
survey area at the time of the
survey and provide insight into
variability, if known. Please
Dominant flora:
None
provide units for all numerical
information).
Dominant fauna:
mussels, barnacles
Exotic species
encountered
None encountered
(including any
other Caulerpa
species):
Other site
description notes:
Description of Survey
Effort:
Survey date and
timeperiod:
Friday, 05 March 2010, 1100hrs
Horizontal
visibilityin water:
3 feet
(please describe the surveys
conducted including type of
Survey type and
methods:
SCUBA
survey (SCUBA, remote
video, etc.) and survey
methods employed, date of
work, and survey density
(estimated percentage of the
bottom actually viewed).
Survey personnel:
Tom Nelson
Describe any limitations
encountered during the
survey efforts.
Survey density:
one found
Survey limitations:
None
Other Information:
(use this space to provide
Refer to Preliminary Eelgrass Survey Report
additional information or
08 March 2010.
references to attached maps,
reports, etc.)
Caulerpa Survey Reporting Form (version 1.2, 10131104)
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
Special Conditions
March 23, 2010
Property Address: 4102 River Ave.
With reference to the plans currently under consideration at the above referenced address to
reconfigure or modify the dock system or bulkhead, the following conditions will now be in
effect:
1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title
17 of the City of Newport Beach Municipal Code. The project proponent understands that the
above referenced structure(s) is under the purview of these Policies and Codes.
2. Any future work on the above mentioned structure(s) requires permits with the City of
Newport Beach and any other applicable agencies. Painting and work considered to be
cosmetic in nature does not require a permit.
3. The conditions set forth in this document pertain to the proposed dock system and/or
bulkhead under consideration. Any future modifications or alterations to the dock system
and/or bulkhead may require new conditions which may override or change these conditions.
These conditions supersede all past conditions associated with this property.
4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio
furniture, plants etc ... are not permitted.
5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the
proper permits for equipment and materials storage. "Except as otherwise provided in this
section, no person shall use any public street, sidewalk, alley or parkway or other public
property for the purpose of storing or displaying any equipment, materials or merchandise, or
any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used
for the purpose of selling, storing, or displaying any equipment, material, merchandise or for
other commercial purposes in the following cases: ... For the temporary storage of construction
equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and
the storage is consistent with provisions of the Uniform Building Code."
6. The project shall be implemented in conformance with the Local Coastal Program - Coastal
Land Use Plan.
Page 1 of 2
7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A.
Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging,
grading, demolition, painting, plastering or any other related building activity, operate any tool,
equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a
person of normal sensitivity who works or resides in the vicinity, on any weekday except
between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the
hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in
construction, remodeling, digging, grading, demolition, painting, plastering or any other related
building activity, operate any tool, equipment or machine in a manner which produces loud
noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the
vicinity, on any Sunday or any federal holiday."
8. Your side property lines extend in the water along their same bearing. Vessels shall
not encroach upon the neighbor's property on either side.
9. Vessels may not extend beyond the end of the fingers by more than the width of its
beam.
10.. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the
float is 8'.
11. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the
float is 14'.
Lisa Walters, Harbor Resources
Date
Applicant Signature Print Name Date
Joint Pier Applicant Signature (if applicable) Print Name Date
Page 2 of 2
Walters, Lisa
From:
Walters, Lisa
Sent:
Tuesday, February 08, 2011 9:11 AM
To:
'Amanda'
Subject:
FW: 4102 River Ave (SPL-200900387-VCC) (UNCLASSIFIED)
FYI
Lisa Walters
City of Newport Beach
Harbor Resources
949.644.3044
-----Original Message -----
From: Walters, Lisa
Sent: Monday, February 07,
To: 'Chan, Veronica C SPL'
Subject: RE: 4102 River Ave
2011 4:21 PM
(SPL-200900387-VCC) (UNCLASSIFIED)
Hi Veronica,
Sorry I think I somehow missed this email. Yes, the City approves this modification. I did
give an updated "stamped" drawing to Amanda. I believe she has sent this to you.
Thank you,
Lisa
Lisa Walters
City of Newport Beach
Harbor Resources
949.644.3044
-----Original Message -----
From: Chan, Veronica C SPL[mailto:Veronica.C.Chan@usace.army.mil]
Sent: Wednesday, January 26, 2011 11:14 AM
To: Walters, Lisa
Subject: 4102 River Ave (SPL-200900387-VCC) (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Lisa,
Although, the proposed area of the dock structures is 104 sq ft smaller, the
configuration of the gangway is being revised to be located 5 feet to the
left of its existing location. Two 12 inch concrete piles would be installed.
The old piles would be removed and the first new pile would be installed 12
ft right of the existing pile and the second pile would be installed 10 feet
left of the other existing pile. Per Section II.c. of RGP 54, replacement of
piers, docks, gangways and floating structures is always in-kind and in the
existing alignment, unless an alternative alignment, in compliance with the
City of Newport Beach Harbor Resources Department's Harbor Design Criteria,
is authorized in writing. Could you please verify that the City approves of
the proposed modifications?
Thanks,
Veronica Chan
Project Manager
Los Angeles District Regulatory Division U.S. Army Corps of Engineers PO Box
1
532711, Los Angeles, CA 90053-2325
Tel: 213-452-3292 Fax: 213-452-4196
http:ZZwww..spl.usace.army.mil/regulatory
Assist us in better serving you!
You are invited to complete our customer survey, located at the following
link: http://per2.nwp.usace.army.mil/surveV.html
Classification: UNCLASSIFIED
Caveats: NONE
-1-
DEPARTMENT OF THEARMY
. P.O. Box 532711
Los Angeles, CA 90017-3401
May 26, 2009
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Division
Mr. Steve Dunbar
C/O: Lisa Walters
City of Newport Beach Harbor Resources Division
829 Harbor Island Drive
Newport Beach, California 92660
Dear Mr. Dunbar:
t'Y)
RG P�
`� - "tr
U
This is in reply to your application (File No. SPL-2009-00387-VCC) dated May 1,
2009, for a Department of the Army Permit to conduct work in waters of the U.S., in
association with the Steve Dunbar Boat Dock Replacement Project. The proposed work
would take place bayward of 4102 River Ave in Newport Bay within the City of
Newport Beach, Orange County, California (see attached maps).
Based on the information you have provided, the Corps of Engineers has
determined that your proposed activity complies with the terms and conditions of
Regional General Permit (RGP) No. 54: Maintenance.Dredging, Beach Nourishment, and
Dock Maintenance.
As long as you comply with the general permit conditions of RGP No. 54, an
individual permit is not required.
Specifically, you are authorized to:
1. Replace existing 17 foot by 12 foot dock and pile with new 8 foot by 12 foot float
and two 1.2 -square inch concrete piles;
2. Install new 10 foot by 13 foot pier; and
3. Redeck existing gangway.
-2-
A general permit does not grant any property rights or exclusive privileges. Also,
it does not authorize any 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.
Thank you for participating in our regulatory program. If you have any questions,
please contact Veronica Chan at 213-452-3292 or via e-mail at
Veronica.C.Chan@usace.army.mil.
Please be advised that you can now comment on your experience with
Regulatory Division by accessing the Corps web -based customer survey form at:
htU�://2er2.nwp.usace.army.mil/survey.
Sincerely,
Dan Swenson
Senior Project Manager
South Coast Branch
Regulatory Division
Enclosures
j a
t i : •'
I t �
NM A MxnM' �Yco �>ti1 RA
IVIQP kJUr PUT
http://www6.city.newport-beach.ca.us/serviet/com.esri.esrimap.Esrimap?ServiceNa... 11/10/2008
VF EWPORT
MY or
�mo�v Emn.
EEL GRASS INSPECTION
• Eelgrass within 15' of project
• Eelgrass within 15 - 30' sof projed
NO I rass in pr6ject area
Signature
Inspection Date & 7ims
,50
6,- , q)
30 1
YDESS
/Z
(4"
WA,
PWR', V
4I)e-
rrr,,"'S�V)
,U 7 Z
May 1, 2009
California Coastal Commission
Attn: Karl Schwing
200 Oceangate, STE 1000
Long Beach, CA 90802-4416
Army Corps of Engineers
Attn: Dan Swenson
915 Wilshire Blvd.
Los Angeles, CA 90017
CITY OF NEWPORT BEACH
Santa Ana Regional Water Quality Control Board
Attn: Adam Fischer
3737 Main Street, STE 500
Riverside, CA 92501-3348
HARBOR RESOURCES
RE: Regional General Permit No. 54 — Dock Construction Application Submittals
Enclosed is the recent monthly batch of dock construction applications for your approval, per the
California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06,
the Army Corps of Engineers Permit No. 54 (File No. 200501233 -DPS) and the Regional Water
Quality Control Board General Certification Permit. All of these applications have been checked
for accuracy and completeness as evidenced by the attached Dock Construction Application
City Checklist.
Thank you for your time in reviewing these applications. Please do not hesitate to call if you
have any questions.
Dunbar -4102 River Ave.
Warmington-328 Buena Vista Blvd.
Sincerely,
Lisa Wditers
Harbor Resources Technician
(949) 644-3044
829 Harbor Island Drive, Newport Beach, CA 92660
PH: (949) 644-3034 FX: (949) 723-0589 •Website: www.newport-beach.ca.us/HBR/
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3044 Fax (949) 723-0589
www.newport-beach.ca.us/hbr
DOCK CONSTRUCTION APPLICATION
CITY CHECKLIST
Applicant Name:
Project Site Address: 4 2 'i41 Vir AVC—,
® Applicant address, phone number
® Agent name, address, phone number (if applicable)
® Project site address
Assessor's parcel number
f Project site latitude and longitude
® Description of proposed work (project must not deviate from the Standard Drawings)
Type of construction material used (concrete, wood, steel etc...):
® Scaled drawings (plan view and cross sectional view)
® Site address
® Location within the Harbor
® Location and dimensions of existing dock structure
Location and dimensions of proposed dock structure
® Location and dimensions of existing dock structures on adjacent properties
® Location of Bulkhead, Pierhead and Project Lines
Photo(s) of project area at low tide (including 30' buffer area)
829 Harbor Island Drive, Newport Beach, CA 92660
PH: (949) 644-3044 FX: (949) 723-0589 •Website: www.newport-beach.ca.us/HBR/
Dock Construction Application
City Checklist
Page 2
Eelgrass Survey
® Survey for presence of eelgrass within 30' of the entire project area
❑ Yes ® No Eelgrass within 15' of entire project area. Project not
permitted.
❑ If any eelgrass is located greater than 15' from the project area, then no
further monitoring required.
�I Caulerpa Survey
® Survey for Caulerpa within 30'..of the project area
l� Project is over (check one box):
�I City Tidelands
❑ County Tidelands (State Lands Commission Dredge Lease Approval)
❑ If applicable, check one box:
❑ The Irvine Company owner's approved area
❑ Bay Island owner's approved area
❑ Dover Shores owner's approved area
❑ Linda Isle owner's approved area
® Completed Worksheet for Building /Fire Permit Application and proof of payment of
Building Department fees
Check for $60 made payable to Santa Ana Regional Water Quality Control Board
® Signed application
�I AIC -City approved Approval in Concept
0
mr.41,
May 1, 2009
California Coastal Commission
Attn: Karl Schwing
200 Oceangate, STE 1000
Long Beach, CA 90802-4416
Army Corps of Engineers
Attn: Dan Swenson
915 Wilshire Blvd.
Los Angeles, CA 90017
CITY OF NEWPORT BEACH
Santa Ana Regional Water Quality Control Board
Attn: Adam Fischer
3737 Main Street, STE 500
Riverside, CA 92501-3348
HARBOR RESOURCES
RE: Regional General Permit No. 54 — Dock Construction Application Submittals
Enclosed is the recent monthly batch of dock construction applications for your approval, per the
California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06,
the Army Corps of Engineers Permit No. 54 (File No. 200501233 -DPS) and the Regional Water
Quality Control Board General Certification Permit. All of these applications have been checked
for accuracy and completeness as evidenced by the attached Dock Construction Application
City Checklist.
Thank you for your time in reviewing these applications. Please do not hesitate to call if you
have any questions.
Dunbar -4102 River Ave.
Warmington-328 Buena Vista Blvd.
Sincerely,
Lisa 7Wdlters
Harbor Resources Technician
(949) 644-3044
829 Harbor Island Drive, Newport Beach, CA 92660
PH: (949) 644-3034 FX: (949) 723-0589 *Website: www.nevTport-beach.ca.us/HBR/
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
Special Conditions
May 6, 2009
Property Address: 4102 River Ave.
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
10. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the
float is 8'.
11. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the
float is 14'.
Lisa Walters, Harbor Resources
Applicant Signature
Date
Print Name Date
Joint Pier Applicant Signature (if applicable) Print Name Date
Page 2 of 2
HARBOR RESOURCES DIVISION
829 Harbor Island Drive v.12-14-06
Newport Beach, CA 92660
(949) 718-1844 Fax (949) 723-0589
www.newport-beach.ca. uslhbr
DOCK CONSTRUCTION APPLICATION
Regional General Permit 54
CDP 5-06-117 & CC -031-06
Corps File No. 200501233 -DPS
Water Board Consistency Permit
Valid Until October 23, 2009
This Permit applies to residential dock construction projects only and includes pier, gangway,
float and pile repair / replacement. Bulkhead work is not permitted under this Permit.
Applicant Name, Address, Phone Number:
Steve Dunbar 949 631 3121
4102 River Avenue
Newport Beach, CA 92663
Agent Name, Address, Phone Number (if applicable):
Swift Slip Dock & Pier Builders, Inc. 949 631 3121
2027 Placentia Avenue
Costa Mesa, CA 92627
Install new 10' x 13' pier, per city standards 609-L
Project Site Address: Assessor's Parcel Number:
4102 River Avenue 142330105
Project Site: Longitude: -117.93603 Latitude: 33.61985
Description of Proposed Work (Project Must Not Deviate from the City's Standard Drawings):
Remove existing dock & pile
Install new 10' x 13' pier, per city standards 609-L
Re -deck existing gangway
New 8'x 12' float with two 12" square concrete pile.
Regional General Permit 54
Dock Construction Application
Page.
Type of Construction Material Used (concrete, wood, steel including any chemical treatment etc...):
Please submit the following on a separate page. Use the check boxes to ensure a complete application is
filed. Incomplete applications will not be processed.
Scaled drawings of the project (plan view and cross sectional view)
Site address
FX—: Location within the Harbor
R Location and physical dimensions of existing dock structure (float, pier, gangway,
pile and bulkhead)
Location and physical dimensions ofproposed dock structure (float, pier, gangway,
pile and bulkhead)
Location and physical dimensions of existing dock structures on adjacent properties
Location of Bulkhead, Pierhead and Project Lines
F Photo(s) of entire project area at low tide (including 30' buffer area), with emphasis on
eelgrass
,FX Eelgrass Survey - Completed by a Certified Eelgrass Diver
A. Survey for the presence of eelgrass within 30' of the entire project area
B. If eelgrass is within 15' of project area, then the project will not be permitted.
(An Individual Permit must be sought.)
C. Any eelgrass must be located greater than 15' from project area
• No further eelgrass monitoring is required
EX Caulerpa Survey - Completed by a Certified Caulerpa Diver
A. Survey for Caulerpa within 30' of the project area
IVY
Project is over (check one box):
City Tidelands
County Tidelands (State Lands Commission Dredge Lease Approval)
F If applicable, check one box:
F The Irvine Company owner's approved area
Bay Island owner's approved area
Dover Shores owner's approved area
F Linda Isle owner's approved area
Regional General Permit 54
Dock Construction Application
Page 3
Completed Worksheet for Building /Fire Permit Application and proof of payment of
Building Department fees
Check for $60 made payable to Santa Ana Regional Water Quality Control Board
I, liennifer Beserra I (Applicant / Agent), hereby certify that the
information on this application is accurate and complete. I also certify that I have read the California
Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06, the Army Corps
of Engineers Regional General Permit 54 (File No. 200501233-13PS) and the California Regional Water
Quality Control Board General Certification for Regional General Permit No. 54 for construction in
Newport Harbor and that I will comply with all of the conditions in those permits. I also certify that by
acceptance of this Permit, the applicant acknowledges and agrees that the site may be subject to hazards
from waves and erosion.
I will further hold the City of Newport Beach harmless from and indemnify the City against any claim for
damages arising out of the exercise of these permits. In addition, I shall reimburse the City of Newport
Beach for all attorney's fees and other costs expended by them in defending any claim, lawsuit, or
judgment arising out of the activities of the applicant carried on under the authority of such Permit.
I understand that any work authorized must be completed by October 23, 2009, after which a new
authorization is required.
Per the RGP Permit, all dock construction applications will be processed by the various agencies through
monthly batch submittals sent to them by Harbor Resources. Therefore, all dock construction applications
must be submitted to and received by Harbor Resources by the l' Monday of every month. Applications
submitted prior to this deadline are encouraged and appreciated.
to/6).
Date
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 & pile.
Install new 10' X 13' pier. Re -deck existing an wa . New 8'X 12' float with two 12"
square concrete pile.
Address number must be stenciled on at least 1 bayward facing pile.
Pier conditions must be signed by applicant prior to final approval.
Property Address: 4102 River Ave.
Legal Description:
Harbor Permit Number: 241-4102
Plan Check Number: 2109-2008
Applicant: Steve Dunbar
Applicant's Mailing Address: 4102 River Ave., Newport Beach, CA 92663
Phone Number: (949) 631-3121
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application.
Page 1 of 2
And find
X They comply with the current adopted Newport Beach General Plan, Municipal
Code, Title 17 and any applicable specific or precise plans or,
❑ That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the
Municipal Code or other regulations in any manner that would affect the use of the
property or the design of a project located thereon, this Approval In Concept shall
become null and void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted thereunder, this development:
), Has been determined to be ministerial or categorically exempt.
❑ Has received a final Exemption Declaration or final Negative Declaration (copy
attached). \
❑ Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
harbor permit and a building permit have been given and are final. The development is
not subject to rejection in principal by Newport Beach unless a substantial change is
proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
Special Conditions.
Lisa Walters, Harbor Resources
May 6, 2009
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
2Lt)-L4 102—
Y OF NEWPORT BE -HCH
CITY OF
WWORT BEKk
77
EEL GRASS INSPECTION
El Eelgrass within 15' of project
0 Eelgrass within 15 - 30' of Pf0j6dt
No rass i project Ject area
aN4x7--
51-alm t0:5Inspebtion Date & Time
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9
4
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
marina, that are required to be conducted under federal or state permits and authorizations
issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been
designed to assist in identifying eelgrass while ensuring that the required information is
consistently documented. Surveys required to be conducted for this species are subject to
modification through publication of revisions to the eelgrass survey policy. It is incumbent upon
the authorized permittee to ensure that survey work is following the latest protocols. For further
information on these protocols, please contact: Robert Hoffman, National Marine Fisheries
Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858)
467-4218).
* Required Information
Site Name:
* 4102 RIVER
(common reference)
NEWPORT BEACH CA.
Survey Contact:
[TTOM NELSON (949)910-2310
(name, phone, a -mail)
TOMNNEWPORT@YAHOO.COM
Permit Reference:
(ACOE Permit No.,
CCC Permit No.)
Hydrographic System:
* NEWPORT HARBOR
(bay, estuary, lagoon, or
harbor)
Specific Location:
117.93683
( JTM, Lat./Long., datum,
33.61984
accuracy level, attach
electronic survey area map if
possible)
Was Eelgrass
* Yes, Eelgrass was found at this site.
Detected:
* xxxxx xxx No, Eelgrass was not found at this site.
Description of
Permitted Work:
(describe briefly the work to
be conducted at the site
under the permits identified
above)
Description of Site:
(describe the physical and
biological conditions within
the survey area at the time of
the survey and provide
insight into variability, if
known. Please provide units
for all numerical
information).
Depth range:
*2.5 FT TO APROX. 12.5 FT
INCOMING TIDE VARIED BETWEEN
+3 TO +4
Substrate
*SILT OVER SAND
type:
Temperature:
64' IF
Salinity:
Dominant
NONE
ora:
Dominant
MUSSELS, BARNACLES, TUNICATES
fauna:
ON PIER AND BULKHEADS
Exotic
NONE
species
encountered:
Other site
NONE
description
notes:
Description of Survey
Survey date
*MARCH 28 2009
Effort:
and time
(please describe the surveys
erio&
9:15 A.M. TO 10.15 A.M.
conducted including type of
survey (SCUBA, remote
SCUBA SURVEY
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 1.0, 6/20/03)
Horizontal
* 2.5 FT
visibility in
water:
Survey type
* SCUBA SURVEY
and methods:
SWAM TRANSECTS THROUGHOUT APE
Survey
*TOM NELSON 949-910-2310
personnel:
Survey
100%
density:
Survey
* NONE
limitations:
Other Information:
(use this space provide
any additional information or
SEE PAGE 4 FOR SURVEY AREA
5 WORK TO BE COMPLETED
references to attached
materials such as maps,
reports, etc.)
Eelgrass Survey Reporting Form (version 1.0, 6/20/03)
a
m
E A . /
E.
MI:
a
Caulerpa Survey Reporting Form
Tins form is required to be submitted for any surveys conducted for the rrwasive exotic alga Caulerpa t ifc�i a
that are required to be conducted ander federal or state permits and authorizations .issued by the U.S� Army Corps.
of Engineers or Regional grater Quality Control Boards (Regions 8 & 9). The foram has been designed to assist in
controlling the costs of reportingg while, ensuring that the required information necessary- to identify and control
any potential impacts of the authorized actions on the spread of Ccaide7pa. Surveys iequired to be conducted for
this species are subject to modification through publication of revisions to the Cauletpa survey policy. It is
incumbent upon the authorized permittee to ensure that survey work is following the latest protocols.. For f irther
information on these protocols, Tease contact: Robert Hof nan, -National -Marine Fisheries Service (NOAA.
Fisheries), (562) 98€0-404 , or William Paznokas, California Department of Fish& Cane, (858) 467-4 18).
Repot t date:
03/28/09
?game of bay, estuary,
newport harbor
lagoon, or, harbor:
Specific Location lame:
4102 RIVER
(address or con mon '
NEWPORT BEACH CA.
reference
site rtrorclimatesa
117.93683
(UTK Lat./Longi., datum,
33.61984
accuracy level, and a
electronic sure area nap
or hard copy of the map
must be included)
Survey Contact:
TOM NELSON
(949)910-2310
name, plone, e-mail)
tomnnewportC@_yahoo.com
Personnel Conducting
NONE
Survey if other than
above): (name, phone,
e-mail
Permit Reference.
(,kCOE Permit No.,
R QCB Order or Cent. No.)
Is this the first or 'second
SECOND
survey for this project? '-
-% Cau le a Detected?:
if6au a is found please
Yes, C aulerpa was found at this site sled
inunediatel;,t contact NOAA
Fisheries or CDFO personnel
identified above)
Inas been contacted on date.
XXXX
No, Caulerpa was not found at this site.
mitted'
(describe briefly the work to
be conducted at the site
under the, pet nits identified
above)
Descitiption of Site:
DWIi range:
2.5 FT TO APROX 12.5 FT
Substrate type:
SILT OVER SAND
(describe the physical and
biological conditions v tliin the
survey area at the time of the
survey and provide insight into
variabih,ty, if known- Please
Temperature:
64F
Saliniiy:
Doininantflora:
NONE
provide units for all nummical
DOninantfau'na:
BARNACLES, M USSELSJU N I CATES
ON PIER AND BULKHEADS
Exotic species
NONE
encountered
(including any
other Caulelpa
species):
Other site
NONE
description notes:
Descxiption of -Survey
Survq,date and
03/28109
Effort-
time period:
9-15 AM TO 10-15 AM
HoriZ, on ta I
APROX 2.5FT
(please describe the surveys
conducted including type of
visibility in Water:
Su m6T iXpe and
SCUBA DIVE SURVEY SWAM TRANSECTS
sinvey (SCUBA, remote
video, etc.) and survey
metkods:
THROUGHOUT APE
methods employed, date of
work and survey density
(estimated percentage of the
bottom actually view- ed).
Describe any limitations
Surveypersonnel:
TOM NELSON 949-910-2310
encountered during the
survey efforts.
Surv-qy densiiv:
100%
Survky limitations:
NONE
Other hif6rmati6w-
SEE PAGE 3 FOR APROX SURVEY AREA
(We this space to Provide
4 WORK TO BE COMPLETED
additional information or
references to attached maps,,
reports, etc.)
Description ofTer
1Mft1rL--
Caulerpa'Survey Repoituig form (version 1.2-1013 1 t04)
� � e � ���•� a �� �a� h '�1 v �{�' � a ��6� ' ill � �, a 'k n ,�:.�'
Please print 3 copies
Worksheet for Building Combo Permit Application
City of Newport Beach - Building Department
Building Grading ?Drainage"` Elec f Mech Plum
?. Project Address (Not mailing address)
Tenant Name(if Applicable)
........................................................
f 2. Description of Work
:L .... �1 � Y }j' . t... ....r t '
Exist House SF Demo House SF Add/Reconstruct House SF
F7777
Exist Gar SF F
Demo Garage SF Add/Reconstruct Garage SF
TOTAL HOUSE SF
' New Add Alter Demo ......
/ TOTAL GARAGE SF F77777
Check Appropriate Box for Applicant
Floor Suite No
# Units (if Residential);
i.. .... ..... .
Use
Valuation $
# Stories
Cu Yd Cut
Cu Yd Fill
F
Til x 3, Owner's Name Last
... First....... s ` "
. ......
Owner's Address Owner's E-mail Address
City t �,t C' r� State U �� Zip ... t oCli�� . Telephone .
........................
F. 4. Architect/Designer's Name Last First Lic. No
. ..... .............
Architect/Designer's Address
i
i
..... ....... _......._...................... ..................................... ........._................ ................................ ........_............................
....
City ; State
5. Engineer's Name
Engineer's Address
Arch itect/Designer's E-mail Address
Zip.. Telephone ��
Last /� c :............. First ....... \ .�.. Lic. No , ,
�!
City
State
s.fi.:CJ.0...................
Engineer's E-mail Address
................
"Zip Telephone l
�►
6. Contractor's Name Last yl� First Lic. No. Class
Contractor's Address
City .......�.-............. State ............. �.
Contractor's E-mail Address s pj
1
Zip ( Telephone tl
e
OFFICE USE ONLY ENERGY P/C FEE $ PERMIT NO. �!
GRADING P/C FEE $ PLAN CHECK NO. 0J
ELEC/MECH/PLUM P/C PLAN CHECK FEE $ o
Rev 1 11810 O i
Jun 29 09 07;53a Laura Kay Uungar P. +
Worksheet for Building Combo PerMit Application
Ott F 3i t7 City of Newport Beach - Building Department
Please print 3 copies '� " Z'a � �� "V
>�ftjilding (J Grading r -Drainage r Elec r Meeh F Plum
1. Project Address (Not mailing address) KRIOR �� �% !
4102 River CI16
Tenant Name(if Applicable) VILE
2. Description of Work
improvement of sea �0 LIF
" Building SF[Derm SuMing SF AftiReccastr► Bldg SF
Extg Gar si r Demo Garage s`� AddlRetonstructGarage sf
Use
166 ®V�19�ite No
fd1,0�lVf 6
Valuation $
Stories
T )TAS BLDG SF Cu Yd Cut
F New F- Add Atte I DerTIO 1
TOTAL. GARAGESF Cu Yd Fill
Owner's Name Last Dunbar
First ISteuen and Jan tom`
Dw ner's Address
O wnees E mad ,Address
5125 Avenida de Amor
City Yorba Linda Stale
Zip ,:8815 Telephone 714-779-9627
�4 ArchitecMesi €'s Name Last Dunbar
First Laura Uc- No_
FvchitectJ ner's Address
Archil sig rrs E --mail Addf s
9 ettA a
k9 -9 -11 --lett ±
c�ca4 bcglo stet
Gay v2ntura State
ICA
Zip 93003 Telephone 806-558-1223
�C 3. Engineer`s Name Last I j&ari
First FMasoud Lir. No. 5-3817
Engineer's Address
Engineer's E-mail Address
25341 Cornmercentre Dr. Sine '100
rnai€gwsase-usa.corn
City Lake Forest state
GA
Zip 92630 Tetephone 949-206-993
F - S. Con"ctor's Name List
First F UW- No. �— Class�-
Contracfor's Address
CantracWs E-mail Address
City State
zip �T %Jephone
1 01- 1
OFFICF ltSE OJVLY ENERGY PIC EEE $
PERMdTNO.
GRAD[NG PIG FEE $ FERE PIC FEE $
PLAN CHECK Nfl_
Rev 4176129 ELECAAECHIPLUM PJC FEE $
PLAN CHECK FEE$
04.E
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RS I PECIAL INNGSPECTION FOR REOALL NEW CONCRElt. uuI'4z)lmu"lv"
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"VICINITY MAP
SkOUPIllm- OF WORIKO
1. REINFOFCE THE EXISTING SEAWALL BY UTILIZING DYWIDAG TIE -RODS.
2. REPAIR ALL CRACKS AT COPING AND PANELS IN ACCORDANCE WITH
CONCRETE REPAIR NOTES ON THIS SHEET.
/A\
AOTE TO THE BIDDER&
AFTER THOROUGHLY EXAMINING THE CONS . TRUCTION DOCUMENTS AND THE SITE:
NOTIFY THE ARCHITECT AND/OR THE ENGINEER IN WRITING, REGARDING ALL
PRIOR TO THE "BID SUBMITTAL".
DISCREPANCIES REQUIRING CLARIFICATION,NOTIFIED, AS REQUIRED PER
2. IF THE ARCHITECT AND/OR THE ENGINEER IS NOT N IOT
N THAT THE CONTRACTOR ITEM #1 ABOVE, IT SHALL MEA ACTOR HAS CONSIDERED
ADEQUATE CONTINGENCY IN HIS BID To COVER ALL COSTS TO
COMPLY WITH
THE yOST STRINGENT CONDITIONS. COMPENSATION
LED TO ANY ADDITIONAL C I t
3, THE CONTRAr'TOR SHALL NO I.1 BE ENTITLED COMPE"
FOR ANY DISCREPANCY DISCOVERED AFTER THE "CLOSE OF THE BID
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SkOUPIllm- OF WORIKO
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CONCRETE REPAIR NOTES ON THIS SHEET.
/A\
AOTE TO THE BIDDER&
AFTER THOROUGHLY EXAMINING THE CONS . TRUCTION DOCUMENTS AND THE SITE:
NOTIFY THE ARCHITECT AND/OR THE ENGINEER IN WRITING, REGARDING ALL
PRIOR TO THE "BID SUBMITTAL".
DISCREPANCIES REQUIRING CLARIFICATION,NOTIFIED, AS REQUIRED PER
2. IF THE ARCHITECT AND/OR THE ENGINEER IS NOT N IOT
N THAT THE CONTRACTOR ITEM #1 ABOVE, IT SHALL MEA ACTOR HAS CONSIDERED
ADEQUATE CONTINGENCY IN HIS BID To COVER ALL COSTS TO
COMPLY WITH
THE yOST STRINGENT CONDITIONS. COMPENSATION
LED TO ANY ADDITIONAL C I t
3, THE CONTRAr'TOR SHALL NO I.1 BE ENTITLED COMPE"
FOR ANY DISCREPANCY DISCOVERED AFTER THE "CLOSE OF THE BID
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Private Client Services
MAC E2019-031
350 W. Colorado Boulevard
Suite 390
Pasadena, CA 91105
626 585-4335
626 793-6584 Fax
suttonm@wellsfargo.com
June 11, 2001
Mary Sutton
Vice President
Senior Trust Officer
Private Client Services
City of Newport Beach
Revenue Division
3300 Newport Blvd.
P. O. Box 1768
Newport Beach, CA 92658-8915
RE: 4102 River Avenue
Newport Beach, CA
APN: 423-301-05
Gentlemen:
The above referenced property was distributed on April 30, 2001, please change
your records as follows:
Tod A. Saylor
3437 Sunnyside Drive
Riverside, CA 92506
If you have any questions, please give me a call.
Sincerely,
148L00IR IG ����
Iy STEVW T
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
ANGLEA & BANNON, APC (KH)
199 South Los Robles, Suite 711
Pasadena, CA 91101-2460
MAIL TAX STATEMENTS TO:
Tod A. Saylor
3437 Sunnyside Drive
Riverside, CA 92506
This document w,—electronically recorded by
Stev4 `Title Company
Recorded in Official Records,Couniy of Orange
Ga L. Granville, Clerk -Recorder
10.00
20010270211 04:30pm 04/30/01,-
100 48 Q01 3 F
0.00 0.00 0.00 0.00 4.00 0.00 0.00 0.00
APN: 423-301-05
QUITCLAIM DEED
The undersigned grantor declares that
documentary transfer tax is -0-. See note below.
Wells Fargo Bank, N.A., as successor to Esther Klotz, Trustee of the Esther Klotz 1989 Living
Trust under Declaration of Trust Dated August 29, 1989
hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to
Tod A. Saylor, a married man, as his sole and separate property
improved real property in the City of Newport Beach, County of Orange, State of California,
legally described as follows:
Lot 2, Block 241,. Canal Section, Newport Beach, as per map recorded in Book 4,
Page 98 of Miscellaneous Maps, in the Office of the County Recorder of said
County of Orange, State of California.
SUBJECT TO covenants, conditions, restrictions, reservations, rights, rights of
way and easements of record, if any.
Commonly known as 4102 River Avenue, Newport Beach, CA 92663
NOTE: This conveyance is a distribution pursuant to the dispositive pprovisions of an inter vivos
trust upon the death of the Settlor. This is a bona fide gift under RW Code Section 11911, not
pursuant to a sale, not subject to documentary transfer tax.
Dated: WELLS FARGO BANK, N.A., Trustee
By:
u icer
By: �� ✓v �✓�
ut orized C fFicer
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On a i �- , 2001, be or- me, the un ersigned a Notary Public in and for said State,
personally appeared r , , ersonally known
to me (or proved to me on basis of atis actory evi ence to e e persons) whose name(s)
is/are subscribed to the within instrument, and acknowledged to me that he/she/they 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(ies) upon behalf of which the person(s) acted, executed the
instrument. WITNESS my hand and official seal.
Notary Public in and for California
2
T KAREN HEFFEL
COMM
#1251305
TARy PUBLIC -CALIFORNIA
LOS ANGELES COUNTY
COMM. EXP. JAN. 23, 2004
Government Code Section 27361.7
I certify under penalty of perjury that the notary seal on the document to
which this statement is attached reads as follows:
Name of Notary: Karen Heffel
Date commission expires: January 23, 2004
County where bond is filed: Los Angeles
Commission No.: 1251305
Vendor No.: MGCI
Place of execution: Irvine, CA
Date: April 30, 2001
Stewart Title of California
By: Monica Diaz
i r/ rr//f���qj' n
P0 CI11 OFNEWPORT &.. ACH
° r• �etn REVENUE DIVISION
3300 NEWPORT BLVD
P. O. BOX 1768, NEWPORT BEACH, CA 92658-8915
9trFOR� E -Mail Address: RevenueHelp@City.Newport-Beach.ca.us
WELLS FARGO
PO BOX 1300
PASADENA, CA
Service
DELINQUENT: NOaTIC'E
BANK-ATTN: MARY SUTTON
91102
ANNUAL RESIDENTIAL PIER PERMIT
BUSINESS NO: RP24141021
NOTICE DATE: 06/05/2001
DUE DATE: 03/01/2001
Qty Unit Price Extension
1 $78.00
$78.00
Total Invoice:
$78.00
Adjustments:
.00
Penalties
19.50
Payments:
-78.00
Past Due:
.00
Total Amount Due:
$19.50
Penalties will be assessed as of April 1st at 25% of fee for each month
delinquent, up to and including 100%,in accordance with Newport Beach
Municipal Resolution # 8753.
Inquiries regarding your Residential Pier Permit should be directed
to the Marine Department at (949) 644-3044. For billing or payment related
questions, please contact the Revenue Division at (949)644-3141.
Fl�ease .d,etach and return the,; l,owe.r polrtion of� this, i,nvoice�`with your payment.
Service Addr 4102RIVER AVE NBR RP24I41021
WELLS FARGO BANK-ATTN: MARY SUTTON NOTICE DATE: 06/05/2001
PO BOX 1300 DUE DATE: 03/01/2001
Total Amount Due
MP RP24141021� 1950
$19.50
Y OF Ek PORT � E_ACH HA ED APPLICATION ��0.
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2410 Newport Boulevard
Newport Beach, Calif. 92660
TRAUTWEIN BROTHERS
GENERAL ENGINEERING CONTRACTORS
Phone (714) 673-1%0
October 24, 1972
Capt. Dave Harshbarger
70 Newport Pier
Newport Beach, California
Dear Sir:
FLOATS AND BULKHEADS
PIERS, PILE DRIVING, ETC.
Enclosed is copy of a letter from a customer for
whom we have attempted to get a permit. This permit
is still in process and unless the wall is replaced
in the near future it will cause much more serious
problems. In fact, it may very possibly involve
Trautwein Brothers and the permittees in a very
serious legal suit.
Any help you can give us to expedite this permit
so we can finalize our obligations to Mr. and Mrs.
Klotz to secure their property will be greatly
appreciated.
Yours very truly,
TRAUTWEIN BRO HERS
, Z
Sam Kniss
SK:ms
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2410 Newport Boulevard
Newport Beach, Calif. 92660
TMAUTWEIN BROTH91S
GENERAL ENGINEERING CONTRACTORS
Phone (714) 673-1960
Corpsof Engineers
Los . Office
P. 04 Zox,2711
Angelesi California90053
FLOATS AND BULKHEADS
PIERS, PILE DRIVING, ETC.
Attention:: John E. Wood
Subject; Pending permit for Mr. and Mrs. 14. J. Klotz,
1�2 River Ave., Newport Beach, California
The amount of fill required to backfill after the new
bulkhead is installed is approximately 74 cubic yards.
The yardage is questionable since the ground behind the
broken seawall has been washing down done to the tidal
action.
Presently there is a.small house existing at this loca—
tion, approximately 20 front the proposed bulkhead.
Between the house and the old bulkhead there is a brick
patio which has been partially destroyed. As far as I
know, the owners intend to replace this patio out to the
proposed bulkhead:. They have .not expressedany desire
to build anything other than, the patio in the area
between the house and: the proposed bulkhead.
Further background on this location is as follows
1. The old bulkhead was wood with a concrete cap which
collapsed, When it collapsed, the pier fell down and
the scall behind the bulkhead washed clown; underneath the
existing float.
2 When I looked at the job, I felt the wall could be
replaced on its original location and backfilled: with
dredged material without any permits, due to the emer-
gency
er-gency of the: situation
3 When talking with the owners, I convinced them that
they could put the new bulkhead -on the bulkhead line
which would .line up with the existing bulkheads on each
U. S. Army Corps of Zngineers
Oct, 30o 1972
side, told the owners we should apply for a permit and,
daze to the emergency of the work, we: uld stet a permit
without problem. Such is not the case.
0 e this letter clears uta all, the details but, if you
have any questions, plea a call
sincerely,
Sim Kass® deneral Manager
SX:ms
c Gaut. Dare Harshbarger
i
U. S. Corps of Engineers
Post Office Box 2711
Los Angeles, California 91053
:attention: Waterways Control Section
a
Subject: Harbor Permit .Application
No.
Dear Sir:
I hereby recruest'a U. S. Corps of
Engineers' Permit for the
construction and installation of a
Seawall
4 and appurtenances thereto, to be located in Newport Bay, baywar of
Lot No. 2- , Block No. 241, Tract
Canal Section Newport
Beach, Cali ornia. I am the owner of
t e aforementioned property, and
I. have made application for a Harbor Permit
to the City of Newport Beach.
The adjoining property owners are:
f
Lot , Blocq 241
Lot 3 dock 241
Trace Canal Sectit3n
Trac'E�anal Section
John D Clare
Ruth L. ''ales
4100 river Ave.
8007 Tampa
-- Newport Beach, California
Reseda, California
Respectfully submitted,
DateAug® 30, 1972
Enc. Plans datedIcV
—°'
1 Sepia
4102 River Ave.
4. copies
Newport 'Beach., Calif.
CITE' Off' NEWPORT BEACH APPROVAL
The Harbor and Tidelands Administrator of the City of Newport Beach
has reviewed Harbor Permit application
by �Z,
and subject to the approval of the Li. S: Corps of Engineers, willissue ,
Harbor Permit No.
J
Date ,
H nd - a o r
CC:
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