HomeMy WebLinkAboutM2005-0003A.
P.O. BOX 1-76.8, NEWPORT BEACH, CA 92658-89115
June 22, 1993
N. B. Flanders
3502 Marcus Avenue
Newport Beach, CA 92663
RE: Harbor Permit 335-3502 for bulkhead bayward of 3502 Marcus Avenue
Dear Mr. August:
-� -� �� a �-o ?--
The City of Newport Beach Marine Department has been notified by the City Building Department
that the bulkhead bayward of your property is deteriorating and this deterioration, particularly at
high tide, allows water to leak through the bulkhead. This water eventually ends up on City
streets and increases the chances of flooding of private property and creates a threat to public
safety.
Section 4.H. of the Harbor Permit Policies states:
4.H. "The Permittee shall keep the structure in good repair at all times. Failure to repair,
when written notice has been given by the Marine Department, shall be cause for revocation of
the permit."
As a result of this condition it will be necessary for you to institute maintenance repairs or
replacement of the existing bulkhead to resolve the above condition. Failure to make these
repairs couid result in revocation of your Harbor Permit, as stated in Section 17.24.094 of the
Newport Beach Municipal Code which states:
17 * 24.094(5): Grounds for Revocation. "Any permit heretofore or hereafter granted for
any structure or work in the waters of Newport Harbor or the Pacific Ocean may be revoked by
the City Council if the work or structure has fallen into a state of disrepair."
If you have questions regarding the above or would like to discuss this with me, please contact
me at 644-3044.
Sincerely,o
Tony Mell:;z
Deputy Director
3300 Newport Boulevard, Newport Beach
P0
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
September 16,1996
Mr. Robert and Mr. David Norton
3502 Marcus Avenue
Newport Beach, CA 92663
Re: Harbor Permit #335-3502
Bulkhead Bayward of 3502 Marcus Avenue
Dear Sir:
The City of Newport Beach Marine Division in June 1993 corresponded with the
property owner regarding the deterioration of the bulkhead bayward of the
property at the above address. A copy of the letter is attached for your
information. As of this date we have received no indication that those repairs
have been done. A follow-up inspection by the Marine Division indicate that the
walls are still in a deteriorated condition.
Within the next 45 days, it will be necessary for you to hire an engineer to inspect
the wall, prepare drawings and submit drawings to the billing department for a
building permit. Repairs recommended by your engineer must be completed on
or before December 15,1996.
Failure to complete these repairs could result in grounds for revocation of the
Harbor Permit as provided by Section 4.11 of the Harbor Permit Policies and
Section 17.24.094-5 of the Newport Beach Municipal Code as outlined in the
letter addressed to you of June 22, 1993.
If you have any questions regarding the above or would like to discuss this
further with me, please contact me at 644-3041.
Sincerely,
Tony Melum
Deputy Chief Marine Environmental Division
3300 Newport Boulevard, Newport Beach
.- :P, 0"1 21 -
P0
Ilk
CITY OF NEWPORT BEACH
> . . . . . . . . . . . . . V
-Z P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
-q11F0
January 21, 1992
N. B. Flanders
3502 Marcus Avenue
Newport Beach, CA 92663
Re: Property at 3502 Marcus Avenue
Dear Mr. Flanders:
During the most recent cycles of high tides the City of Newport
Beach has received complaints regarding flooding across your
property. Field inspections on January 20, 1992 at your property
indicate that bay water is coming in, either through or over your
bulkhead, across your property and flooding streets and adjacent
properties.
Based on the city of Newport Beach Municipal Code, it is the
property owners' responsiblity to maintain harbor structures such
as bulkheads and to prevent flooding on City streets or onto
adjacent properties.
This flooding situation must be corrected immediately. Repair of
the bulkhead will necessitate a Maintenance Permit from the City of
Newport Beach Marine Department and a Building Permit from the City
Building Department.
Please contact the Marine Department immediately at 644-3044.
Sincerely,
Tony Melum
Tidelands Administrator
3300 Newport Boulevard, Newport Beach
AlOWl' PC)
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
IFO
MEMORANDUM
TO: Tony Melum, Marine Department
FROM: Faysal Jurdi, Chief Plan Check Engineer O -At
SUBJECT: Deteriorated Wood Bulkhead at 3500, 3502, 3504 Marcus Avenue
DATE: June 16, 1993
In an effort to reduce property loss due to flooding in the City of Newport
Beach, we investigated the causes of flooding in the 3500 block of Marcus Avenue.
On June 11, 1993 Lloyd Dalton from the Public Works Department and I inspected
the bulkhead at the subject addresses and found that the wood bulkhead is',
deteriorated and is allowing earth to leak into the channel. Continued earth
leakage will result in the undermining of structural foundations. When high tide
occurs, water leaks through the bulkhead instead of a delayed rise through the
retained earth. This increases the rate of water accumulation in city streets
during rains and high tide when the tide valves have been closed by the General
Services Department. This results in an increased chance of flooding of private
property and creates a threat to public safety.
The worst bulkhead condition was found to exist at 3500 Marcus Avenue where earth
caved behind the bulkhead due to earth leakage to the bay through the
deteriorated bulkhead. Sand bags have been placed behind the bulkhead. However,
it is not an effective method of solving the problem. Since maintenance of the
bulkhead is under your department's authority, please request that the property
owners at the subject sites replace these wood bulkheads in order to protect
their properties and mitigate the causes of flooding in the area.
cc: Lloyd Dalton, Public Works
Mike Pisani, General Services
3300 Newport Boulevard, Newport Beach
NOR -TON B. FLANDERS
3502Marcus Ave-
NexAqpoil Beadi, CA 92663)
IP
Id (714) 6-7/5-0285
Fax: (8 if 01) 793-2284
September 27, 109- 6
City of Newport Beach
P.O. Box 1, -7r,8
i 1�
Newport Beach, CA -912658-891 _5
Attention: Mr. Tony Melum
Deputy ChiefMarine Enrvinonmemaal Division
Reference: Your letter ofSeptember 16, 1996 regarding Harbor Permit #335- 1502; Bulkhead Bayward of
3502 Marcus Avenue
Dear Mr, IVIelum:
The referenced letter c-ites a deterioration ofthe tiulkhead bayward of my property. lialsorefelsto
A,
correspor-dence of June 1993 on the same sUbject. Subsequent to the June 1993 letter, I conta edthe
City (probabl !Y your office) and discussed the condition of the. bulkhead. No ffinher response was received
from the City.
Now, as I'll 1993, the bulkhead is intact and no substantial leak -age is occurring. I had Trautwein Bros. pe-d-'orm
substantial work op. the southeast comer ofthe bulkhead (jusL before they left the busmess)- Th.is involved
constructing a poured concrete wall in. excess of six feet deep for several feet along the bulkhead, together with
a return ofseveral feet along the south property line. This sealed n-ry property firom wate, encroaching- from the
adjacent parcel along this side of my property. To date, t1mis has functioned quite well and I experience little or
Do seepage,
C�-
What little water does penetrate on excessively'nigli tides is promptly returned to the bay by two sump pumps.
Under no circumstances does water end up on City streets or oil adjacent. private property. Further, the height
of the bulkhead was increased to the nine foot level at 'Che time- that this acti-ion was requested ky the City.
I have engaged Swift Slip to perform repairs to the walkway and dock periodically, and they have inspected the
bulkhead each t�nie and found it to be in good condition.
I would be pleased to discuss fl-iis with you further, should the above information not answer your questions.
hicidently, you may wish to correct the narne and address pertaining to this property, in your records.
Thank you for your interest in this inatter.
Very truly yours,
Norton B. Flanders
CITY OF NEWPORV-SEA
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WORKSHEET FOR BUILDING FIRE PERMIT APPLIqMR RES OURCES DIV.
.CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
PLEASE PRINT OR TYPE
1 - PROJECT ADDRESS (NOT M71LING ADDRESS) FLOOR SUITE NO.
LEGAL DESCRIPTION No. UNITS
LOT BLOCK TRACT
2. DESCRIPTION OF WORK
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3. OWNER'S NAME
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ROBERT N. FLANDERS
Mailing Address
P.O. Box 674
La Canada, CA 91012
City of Newport Beach
Office of the City Attorney
P. 0. Box 1768
Newport Beach, CA 92658-8915
Attention: Daniel K. Ohl
Deputy City Attorney
Reference: 3502 Marcus Avenue
Your letter of July 15, 2003 re Bulkhead
Dear 1W. Ohl:
1947 Cumberland Road
Glendora, CA 91741
Bus. Tel: (626) 793-5356,
Res. Tel: (626) 335-1518
Fax: (626) 793-2284
July 19,2003
��I kEOEM-
JUL. 1 zoo,
4NEY'S oFFICE
r
,,TV OF
We are in receipt of the refferenced letter which expresses concern over the street flooding
during high tides at 35-th St. and Marcus Ave. As you know from our prior discussions, we are
actively pursuing a solution to this problem. I did leave a phone message for you on July 16th,,
indicating the current status of the efforts.
The situation now stands as follows:
1. No street flooding is the result of leakage of the bulkhead at 3502 !\/Iarcus Ave.,
since we have pumps in place to return the encroaching water.
2. We have engaged Peter Swift of Swift Slips to represent us in negotiations with the
harbor department, the California Coastal Commission and other interested
agencies.
3. Mr. Swift submitted a request for a waiver to proceed withithe bulkhead repairs.
The harbor department decision was favorable, but the Coastal Cow -mission denied our
application, after proceeding through several levels of review.
4. Katsumi and Helen Imoto, who own the adjacent property at 3500 Marcus Ave., have
been working closely with Swift Slips and ourselves to rectify the problem. The third
property owner to our west, Jerry Reilly, has not been responsive to requests to combine
his new bulkhead with the other two, so as to effect a continuous seawall across all three
of the properties. My last conversation with you indicated that you would contact the
building department to see if your two agencies could encourage Mr. Reilly to participate
in the joint project. I did not hear back from you as to the results of your efforts.
5. Swift Slips will file formal applications with the appropriate agencies, including the
Coastal Commission.. for construction of new seawalls for 3500 and 3502 Marcus Ave.
Since that could take- up to a year for approval, they will also provide some temporary
repairs to the two bulkheads to reduce the flooding.
I hope that this shows good faith in the resolution of this problem. We would welcome any
help that you could offer, in encouraging Mr. Reilly to participate, and in expediting these
applications through the Newport Beach and the Coastal Commission approval process.
Thank you for your past support and we look forward to working with you on the satisfactory
completion of this project.
Very truly yours,
-----------
Robert N. Flanders
Ohl, Daniel
From- Auger, Jim
Sent: Thursday, July 17, 2003 1:32 PM
To: Ohl, Daniel
Cc: Greaney, Rick
Subject: RE: Seawall
These are the residents that need seawall repairs._ 3500 & 3502 Marcus Avenue. 3504 Marcus can lbe removed from your
list. If you need anything else, please give me a c
all at 718-3477. T
----- Original Message -----
From: Greaney, Rick
Sent: Tuesday, July 15, 2003 6:58 AM
To: Auger, Jim '
Subject: FW: Seawall
Sort this out and get Dan what he needs.
----- Original Message -----
From: Niederhaus, Dave
Sent: Monday, July 14, 2003 3:33 PM
To: Ohl, Daniel
Cc: Greaney, Rick
Subject: RE: Seawall
Rick will research and get back to you.
----- Original Message -----
From: Ohl, Daniel
Sent: Monday, July 14, 2003 3:18 PM
To, Niederhaus, Dave
Subject: RE: Seawall
one last thing. in reviewing my file I received a letter from an attorney representing the homeowners at 3504
Marcus. He claims the property owner was present on saturday 2\1 \03 during a 7 foot high tide which peaked at
about 930a.m. He noted that the property two doors south was flooding onto the public street. He claims during the
visit to have encountered a city pump crew working in the area pumping the flooded streets. He claims to have
spoken with Bob Gutierrez who as asked to make an inspection of the seawall and pump. He determined it was
water tight and that any water on the property Was not sufficient to engage the pump system. These findings were
recorded in the red book and he was going to notify his superiors as well.
Can we check on this. I don't want to fire off a letter to him if it is true.
----- Original Message -----
From: Niederhaus, Dave
Sent: Monday, July 14, 2003 8:23 AM
To: Badum, Steve
Cc: Pisani, Mike; Greaney, Rick; Patapoff, Bill; Ohl, Daniel; Elbettar, Jay; Auger, Jim
Subject: RE: Seawall
Steve, this continuing problem is becoming labor intensive and has created liability for the City . You may
remember years ago when we had to pressure Schock Boats to repair their seawall. Finally got done with the
help of the City Attorney.
Please confirm our findings and notice the individual property owners of the repair necessity with a deadline
before the City Attorney does his magic.
----- Original Message -----
From: Augerr Jim
Sent: Monday, July 14,.2003 8:17 AM
To.- Niederhaus, Dave
Cc: Pisani, Mike; Greaney, Rick
Subject: FW: Seawall
1
Dave,
Could you please help me on this seawall problem. For the last three nights our crew had to pump
the street end down at 35th Street @ Marcus. This same problem will happen again tonight. The tide men
are pumping the street end for 2-3 hours every night to keep the bay water from flooding private property.
The private seawalls are not being repaired. Our staff needs to stay on site until the water stops flowing
over the sidewalk and into the storm drain system. This has been an ongoing problem for years, and we
continue to deal with it. Thank you.
----- Original Message -----
From. Auger, Jim
Sent: Tuesday, December 03, 2002 11:30 AM
To: Ohl, Daniel
Subject: RE: Seawall
Dan, this morning one of my guys physically watched the water leaking through the seawalls at these
three locations. Can you call Jay ? and tell him that there is a major high tide on Wednesday at 8:19 AM.
We will be pumping once again at 35th Street @ Marcus. He will see for himself. Will that work?
----- Original Message -----
From: Ohl, Daniel
Sent: Tuesday, December 03, 2002 11:23 AM
To: Auger, Jim
Subject: RE: Seawall
I talked to Jay in building and he suggested that you folks coordinate with his folks and public works to
do some type of inspection. it sounds as though that has not happened. care to take charge and set it
up?
----- Original Message -----
From: Auger, Jim
Sent: Tuesday, December 03, 2002 10:37 AM
To: Ohl, Daniel
Subject: RE: Seawall
These are the same home owners. No changes from our end. Thank you.
----- Original Message -----
From: Ohl, Daniel
Sent: Monday, December 02, 2002 2:00 PM
To, Auger, Jim
Subject: RE: Seawall -
hey did you ever hook up with building and public works to take a look at what is out there?
and what assurance that their seawalls are what is leaking as opposed to anything else. I was
gone last week and have no clue where we are on this. thanks.
----- Original Message -----
From: Auger, Jim
Sent: Tuesday, November 19, 2002 8:54 AM
To: Ohl, Daniel
Subject: RE: Seawall
Dan,
These are the correct addresses for Marcus Avenue. 3500, 3502, & 3504. We do not
need to contact the resident at 3506. Please give me a call if you need anything. 718-
3477
Thank you.
----- Original Message -----
From: Ohl, Daniel
Sent: Monday, November 18, 2002 4:40 PM
To: Auger, Jim
Subject., RE: Seawall
can we absolutely pin this on them and nothing else. I don't to end up with egg on my
face when I charge off to court. but then you guys will be my witnesses so I won't be
2
�ie. I will try to track down names through 6 enforcement and then try to set
office conferences. with the parties involved. thanks for the pictures- they tell a great
deal.
----- Original Message -----
From: Auger, Jim
Sent: Monday, November 18, 2002 4:23 PM
To- Ohl, Daniel
Subject: RE:Seawall
Dan, I have no names, just locations. What would you like me to do next? Please
let me know?
Thank vou.
----- Original Message -----
From: Ohl, Daniel
Sent: Monday, November 18, 2002 2:14 PM
To: Auger; Jim
Subject: RE: Seawall
can you please get me the names of the homeowners involved. how certain
this is the problem. I don't want to charge out after them and then not be able
to prove our claims. doesn't look too good. thanks.
----- Original Message -----
From: Auger, Jim
Sent: Thursday, November 07, 2002 2:11 PM
To: Badum, Steve; Niederhaus, Dave
Cc: Greaney, Rick; Dalton, Lloyd; Ohl, Daniel., Patapoff, Bill; Pisani, Mike;
Stein, Robert
Subject: RE: Seawall
<< File: Flodding 1.doc >> << File: Flooding 2.doc >> << File: Flooding
3.doc >> << File: Flooding 4.doc >>
FYI. This is the condition today at 35th St. @ Marcus on a 7.0 tide. These
pictures were taken before city staff pumped down the storm drain
system.
----- Original Message -----
From, Badum, Steve
Sent: Thursday, November 07, 2002 9:52 AM
To: Auger, -Jim
Subject: FW: Seawall
----- Original Message -----
From: Badum, Steve
Sent: Wednesday, November 06, 2002 3:27 PM
To: Niederhaus, Dave; Ohl, Daniel
Cc: Auger, Dan; Greaney, Rick
Subject: RE: Seawall
Since the bulkheads are private property, there's not much we can do
(unless the City Attorney has an idea or a club). If it isn't affecting the
public's ability to safety use Marcus, I would leave it flooded. If the
property owners don't want to protect their properties or make the
effort to fix it, I don't see why we should care unless there is
something I'm missing. We could close off the street end, wait for
low tide, open the tide valve, drain, and open the street end. If we
keep bailing them out (bad pun) they will never have any incentive to
fix their bulkheads.
----- Original Message -----
From: Niederhaus, Dave
Sent: Wednesday, November 06, 2002 1:40 PM
To: Badum, Steve
3
Cc: Auger, Dan, aney, Rick
Subject: FW: Seawall
Steve, seems time to press for repairs.
----- Original Message -----
From: Auger, Jim
Sent: Wednesday, November 06, 2002 12:56 PM
To: Niederhaus, Dave
Subject: Seawall
We are still having private property flooding that is taking place at
3500, 3504, 3506 Marcus Avenue. This takes place when we
have 7.0 tide or higher. I sent a email to Lloyd Dalton on January
09, 2001 @ 1:49 PIVI about this problem. He stated that the city
attorney sent letters to the home owners, persuading them to
make the needed repairs. These repairs have not been made.
The bay water continues to fill up the whole street end at 35th
Street, and we end up having to pump the water down. Could
you please give me some help from your end.
Thank you.
4
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
July 15, 2003
Robert N. Flanders
PO Box 674
La Canada, CA 91012
RE: 3502 MARCUS AVENUE
Dear Mr. Flanders:
I have again been contacted by the General Services Department concerning flooding of
the street ends during high tides at 35 1h Street and Marcus Avenue. Our prior efforts to
resolve this matter have not solved the problem.
Please contact the Building Department at your earliest convenience in order to
determine what needs to be done to rectify this problem.
Please contact the undersigned should you have any questions or concerns.
Deputy City Attorney for the
City of Newport Beach
DKO:cp
cc: Steve Hook, Building Department
John Burckle, Building Department
FAus e rs\cat\s ha red\cp\C od ee nfo rce\M arcus, 3505\1ette r\RF U pd ate. do c
3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658-8915
Telephone: (949) 644-3131 - Fax: (949) 644-3139 - www. city. newport-beach. ca.us
Ohl, Daniel
Frornr: Niederhaus, Dave
Sent: Monday, July 14, 2003 8:23 AM
To.: Badum, Steve
Cc: Pisani Mike; Greaney, Rick; Patapoff, Bill; Ohl, Daniel; Elbettar, Jay; Auger, Jim
Subject: RE: S�awall
Steve, this contin uing problem is becoming labor intensive and has created liability for the City . You may remember years
ago when we had to pressure Schock Boats to repair their seawall. Finally got done with the help of the City Attorney.
Please confirm our findings and notice the individual property owners of the repair necessity with a deadline before the City
Attorney does his magic.
----- Original Message -----
From: Auger, Jim
Sent: Monday, July 14, 2003 8:17 AM
To: Niederhaus, Dave
Cc: Pisani, Mike; Greaney, Rick
Subject: FW: Seawall
Dave,
Could you please help me on this seawall problem. For the last three nights our crew had to pump the street end
down at 35th Street @ Marcus. This same problem will happen again tonight. The tide men are pumping the street end
for 2-3 hours every night to keep the bay water from flooding private property. The private seawalls are not being
repaired. Our staff needs to stay on site until the water stops flowing over the sidewalk and into the storm drain
system. This has been an ongoing problem for years, and we continue to deal with it. Thank you.
----- Original Message -----
From: Auger, Jim
Sent: Tuesday, December 03, 2002 11:30 AM
To: Ohl, Daniel -
Subject: RE: Seawall
Dan, this morning one of my guys physically watched the water leaking through the seawalls at these three locations.
Can you call Jay ? and tell him that there is a major high tide on Wednesday at 8:19 AM. We will be pumping once
again at 35th Street @ Marcus. He will see for himself. Will that work?
----- Original Message -----
From: Ohl, Daniel
Sent: Tuesday, December 03, 2002 11:23 AM
To: Augerr Jim
Subject: RE:Seawall
I talked to Jay in building and he suggested that you folks coordinate with his folks and public works to do some
type of inspection. it sounds as though that has not happened. care to take charge and set it up?
----- Original Message -----
From: Auger, Jim
Sent: Tuesday, December 03, 2002 10:37 AM
To: Ohl, Daniel
Subject: RE: Seawall
These are the same home owners. No changes from our end. Thank you.
----- Original Message -----
From: Ohl, Daniel
Sent: Monday, December 02, 2002 2:00 PM
To, Auger, Jim
Subject: RE:Seawall
hey did you ever hook up with building and public works to take a look at what is out there? and what
assurance that their seawalls are what is leaking as opposed to anything else. I was gone last week and
1
have no clue where wWare on this. thanks.
----- Original Me ssage -----
From. Auger, Jim
Sent: Tuesday, November 19, 2002 8:54 AM
To: Ohl, Daniel
Subject: RE: Seawall
Dan,
These are the correct addresses for Marcus Avenue. 3500, 3502, & 3504. We do not need to contact
the resident at 3506. Please give me a call if you need anything. 718-3477
Thank you.
----- Original Message -----
From: Ohl, Daniel
Sent: Monday, November 18, 2002 4:40 PM
To:, Auger, Jim
Subject: RE: Seawall
can we absolutely pin this on them and nothing else. I don't to end up with egg on my face when I
charge off to court. but then you guys will be my witnesses so I won't be alone. I will try to track
down names through code enforcement and then try to set office conferences with the parties
involved. thanks for the pictures- they tell a great deal.
----- Original Message -----
From: Auger, Jim
Sent: Monday, November 18, 2002 4:23 PM
To: Ohl, Daniel
Subject: RE: Seawall
Dan, I have no names, just locations. What would you like me to do next? Please let me
know?
Thank you.
----- Original Message -----
From: Ohl, Daniel
Sent: Monday, November 18, 2002 2:14 PM
To: Auger, Jim
Subject: RE: Seawall
can you please get me the names of the homeowners involved. how certain this is the
problem. I don't want to charge out after them and then not be able to prove our claims.
doesn't look too good. thanks.
----- Original Message -----
From: Auger, Jim
Sent, Thursday, November 07, 2002 2:11 PM
To: Badum, Steve; Niederhaus, Dave
Cc. Greaney, Rick; Dalton, Lloyd; Ohl, Daniel; Patapoff, Bill; Pisani, Mike; Stein, Robert
Subject: RE: Seawall
<< File: Flodding 1.doc >> << File: Flooding 2.doc >> << File: Flooding 3.doc >>
<< File: Flooding 4.doc >>
FYI. This is the condition today at 35th St. @ Marcus on a 7.0 tide. These pictures
were taken before city staff pumped down the storm drain system.
--- �-Original Message -----
From: Badum, Steve
Sent: Thursday, November 07, 2002 9:52 AM
To: Auger, Jim
Subject: FW: Seawall
----- Original Message -----
From: Badum, Steve
Sent: Wednesday, November 06, 2002 3:27 PM
2
To: Niederhaus, Dave; Ohl, Daniel
Cc* Auger, Dan; Greaney, Rick
Subject: RE: Seawall
Since the bulkheads are private property, there's not much we can do (unless the
City Attorney has an idea or a club). If it isn't affecting the public's ability to safety
use Marcus, I would leave it flooded. If the property owners don't want to protect
their properties or make the effort to fix it, I don't see why we should care unless
there is something I'm missing. We could close off the street end, wait for low
tide, open the tide valve, drain, and open the street end. If we keep bailing them
out (bad pun) they will never have any incentive.to fix their bulkheads.
----- Original Message -----
From: Niederhaus, Dave
Sent: Wednesday, November 06, 2002 1:40 PM
To: B adum, Steve
Cc: Auger, Dan; Greaney, Rick
Subject: FW: Seawall
Steve, seems time to press for repairs.
----- Original Message -----
From, Auger, Jim
Sent: Wednesday, November 06, 2002 12:56 PM
To: Niederhaus, Dave
Subject: Seawall
We are still having private property flooding that is taking place at 3500, 3504,
3506 Marcus Avenue. This takes place when we have 7.0 tide or higher. I
sent a email to Lloyd Dalton on January 09, 2001 @ 1:49 PM about this
problem. He stated that the city attorney sent letters to the home owners,
persuading them to make the needed repairs. These repairs have not been
made. The bay water continues to fill up the whole street end at 35th Street,
and we end up having to pump the water down. Could you please give me
some help from your end.
Thank you.
3
PO
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
C, P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
4- 11: 0 Vvk, (949) 644-3131
January 10, 2003
Katsumi Imoto
552 Jade Tree Drive
Monterey Park, CA, 91754
Robert Flanders
PO Box 674
La Canada, CA, 91012
RE: 3500 and 3502 Marcus Avenue
Dear Property Owners:
Initially, thank you for your courtesy and cooperation in meeting with us at my office on
January 7, 2003, concerning this matter.
As was indicated, we will assist you in making efforts to move this matter along including
assisting you with your application to the California Coastal Commission. I look forward to
working with Pete Swift in that regard.
In the interim, should you have any questions or comments, please contact me at your
convenience.
Very truly you
Daniel K. Ohl
Deputy City Attorney for the
City of Newport Beach
DKO:CP
cc: Steve Hook, Building Department
FAus ers\cat\s h a red\cp\Cod eenfo rce\M arcus, 350 O\Ietter\Kl Mtg U pd ate. 0 0 G
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3502 Marcus Avenue
Newport Beach, CA 92663
RE: 3502 Marcus Avenue
Dear Mr. Flanders:
Our records indicate that you are the owner of the- bay front property noted above.
Recent high tides resulted in flooding of the surrounding areas, including the public
streets - Inspections have determined that the bulkhead on the bayside boundary of your
property does not meet City standards and allows water to penetrate, resulting in flooding.
We have concerns as to the potential damage and hazard to your property.
In order to discuss this matter in greater detail, I have scheduled an office conference for
January 7, 2003 at 2:00 p.m. Please mark your calendar and plan to attend.
In meantime, you can contact Chief Building Inspector, Steve Hook at (949) 633-3250 for
further detail and information.
Very truly yourl e-,
Dani.6i K. Ohl
Deputy City Attorney for the
City of Newport Beach
DKO:da
cc: Steve Hook, Building Department
Robert Flanders, PO Box 674, La Canada, CA, 91012
F:\users\cat\shared\cp\Codeenforce\Marcus,3505\lefter\RFO1 07mtg.doc
3300 Newport Boulevard, Newport Beach
Sinasek, Jim
From: Ohl, Daniel
Sent: Monday, November 18, 2002 4:46 PM
To: Sinasek, Jim
Subject: property owners
can you by chance please get me the names of the property owners at 3500, 3504, and 3506 Marcus. we have some
flooding problems over there and they need to repair the seawalls. thanks.
Confidentiality Notice:
This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the
addressee. Any review by, reliance or distribution by others or forwarding to others without express permission is strictly
prohibited. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the
taking of any action in reliance upon the communication is strictly prohibited. Moreover, any such inadvertent disclosure
shall not compromise or waive the aftorney-client privilege as to this communication. If you have received this
communication in error, immediately please notify the sender. Thank you.
Z�-
CD.
%
1
Sinasek, Jim
From: Ohl, Daniel
Sent: Thursday, December 05, 2002 4:53 PIVI
To: Sinasek, Jim
Subject: FW: Seawall
'these are"he addIresses forwhich I ne�ed to hoal.eowners nannes. lhanks.
----Original Message -----
From., Auger, Jim
Sent: Tuesday, November 19, 2002 8:54 AM
To: Ohl, Daniel
Subject: RE: Seawall
D&n, need to contar-A the f�esidjent at
I hese are Zhe cors -act addresses fro� N'larcusAvenue. 3500, '3150Z 81- 350d= 'vVAa do riot
35106. Pleose hoe rne a call af You need anything. 7 -43 -34 -?7
Thank you.
----- Oriciinal Messacie -----
From: Ohl, Daniel
Sent: Monday, November 18, 2002 4:40 PM
To: Auger, Jim
Subject: RE: Seawall
can .Pie abcs-o"utely pin this on thenn and nothing else. i don't t10 end up imith egg on rny face viihen I charge offto -GrJurt.
but then you guysvvill be mny ivritnesses so I -%Ajonll ?De alone. - _'I try to track dolfvn names finnough code enforcemen"
and ther, trj '10 set off ice conferences �,ifitlh the _oafties i rivolved. thanks for 'he pimbu res- thev 'fell a great deal .
----- Original Message -----
From: Auger, Jim
Sent: Monday, November 18, 2002 4:23 PM
To: Ohl, Daniel
Subject: RE: Seawall
G Hk 'ease
Dan, i have no .-RI I A_ -S' 'US", 'o &tio-s� vIlhat, vvIould ye, lMe mme ba _-dbo ne'-'d? P" i at -p a t n o P� f
T h a n tk y o u.
----- Original Message -----
From: Ohl, Daniel
Sent: Monday, November 18, 2002 2:14 PM
To: Auger, Jim
Subject: RE: Seawall
Tf ar'n-c-'roners involived. how ca�uala, 'hi �:;z --he problenn, i donl '-v na
r I l" ...
mn jou - 7ZI -
please gelf me the a'arnes o fhe hL
to charge out aiter them. 2 and f -hen not be able to pnove our claims. doesn;t 'Gok too good. thanks.
----- Original Message -----
From: Auger, Jim
Sent- Thursday, November 07, 2002 2:11 PM
To: Badum, Steve; Niederhaus, Dave
Cc: Greaney, Rick; Dalton, Lloyd; Ohl, Daniel; Patapoff, Bill; Pisani, Mike; Stein, Robert
Subject: RE: Seawall
<< File: Floddirg I.-doc. >> <,' File: Flooding _9ACC >> << File: Flooding -'3.dor. >> << File:
4.doe >>
FYI. T his 13 �he- cond-Rion "oday Pi 35th, -St. '@) Marcus on a 7.0 Adde. T,�:,Se picturas 'I�,vere takeni before. --l"PI
staff purnped dovvp the storm dm-lin systerr.
----- Original Message -----
From, Baclum, Steve
Sent: Thursday, November 07, 2002 9:52 AM
To: Auger, Jim
Subjec t. FW: Seawall
----- Original Message -----
From: Badum, Steve
Sent: Wednesday, November 06, 2002 3:27 PM
To: Niederhaus, Dave; Ohl, Daniel
Cc: Auger, Dan; Greaney, Rick
Subject: RE: Seawall
S -ince tie bulkheads are private property, theine's not rnuch -�ve can do (unless the City Advornelp, has
an idea ov a cluU). If it isn't a- cting the publil—I's ab-flity to sarety, use i-Miarcus, I uvouk, Ileave it
flooded. If Ithe property f)%.Amiers don't livant to proviect -their propenties or rrake the er-r-oil to fiX it, 1 don't
see ifihv vve should care uniess there is sonlething i'm missing. "Ade could closs cr the ssti-eet and,
waiL for low tide, ooen the flide v Ive drain, and opera the streei -end. If we keep 1.0ailing thern Cut fbaad
puni�l 1hey iknll never have: aray incenfl,
9 ive to fix thegr bulkheads.
----- Original Message -----
From: Niederhaus, Dave
Sent: Wednesday, November 06, 2002 1:40 PM
To: Baclum, Steve
Cc: Auger, Dan; Greaney, Rick
Subject: FW: Seawall
C-teve, searns ifli—ne to press for repairs.
----- Original Message -----
From: Auger, Jim
Sent: Wednesday, November 06, 2002 12:56 PM
To: Niederhaus, Dave
Subject. Seawall
We are still having private property flooding that is taking place at 3500, 3504, 3506 Marcus
Avenue. This takes place when we have 7.0 tide or higher. I sent a email to Lloyd Dalton on
January 09, 2001 @ 1:49 PM about this problem. He stated that the city attorney sent letters to
the home owners, persuading them to make the needed repairs. These repairs have not been
made. The bay water continues to fill up the whole street end at 35th Street, and we end up
having to pump the water down. Could you please give me some help from your end.
Thank you.
2
..........
OEM
�bl �XV
1 59
v a
----------
_�?BERT N_
Information compiledfrom various sources. Real Estate Solutions makes no representations
. or warranties as to the accuracy or completeness of information contained in this report.
,.,.E TROSCAN QUICK CV' -VPS
1860 Howe Avenue, Suite 45�&
Sacramento, California 95825
PHONE [8001 866-2783
FAX [9161 921-6781
�Prepared For
Date of Report :12106/2002
Company
County Name :Orange (CA)
Address
City, ST, Zip
Prepared By
OWNERSHIP INFORMATION
Parcel No.
:423 372 06
Owner
:Flanders Family Limited -Partnership
CoOwner
Site Address
:3502 Marcus Ave Newport Beach 92663
Mail Address
:PO Box 674 La Canada Ca 91012
Telephone
:949-675-0285
SALES AND LOAN INFORMATION
Current Transfer Previous Transfer
Transferred
:03/10/1999 03/07/1995
Document #
:175593 92697
Sale Price
Deed Type
:Quit Claim Trust Transfer
Loan Amount
Lender
Loan Type
Seller Name
Flanders Robert NI
ASSESSMENT AND TAX INFORMATION
Land
:$554,088 Exempt Type :Homeowners
Structure
:$42,310 Exempt Amount :$7,000
Other
Tax Rate Area :07001
Total
:$596,398 02-03 Taxes .:�6,114.00
% Improved
:7
PROPERTY DESCRIPTION
Map Grid
:888 G7
Census
:Tract:635.00 Block:3
Zoning
Land Use
:77 Res,Multi Family Dwelling
Sub/Plat
Legal
:CANAL SECTION BLK 335 LOT 2
PROPERTY CHARACTERISTICS
•
Bathrooms:
Stories Lot Acres Year Built :1938
•
Bedrooms
Fireplace: Lot SqFt Units
•
Dining Rm:
Tennis Ct: Lot Dimen. OfficeSqFt
•
Family Rm:
Pool :No Bldg SqFt :1,560 Lease SqFt
•
Util Rm
Sauna GarageSqFt Sprinkler
•
Rec.Room
Dishwsher: Garage Sp. levator
E
•
TotalRms
Air Cond.: Addl SqFt WallHeight
Information compiledfrom various sources. Real Estate Solutions makes no representations
. or warranties as to the accuracy or completeness of information contained in this report.
Information compiledftoin various sources. Real Estate Solutions inakes no representations
or warranties as to the accuracy or completeness ofinforination contained in this report.
PREPARED FOR: DATE
:12/06/2002
County
:Orange (CA)
Owner :Flanders Family Limited Partnership
Address :3502 Marcus Ave Newport Beach 92663
:Newport Beach
APN :423 372 06
COMPARABLE PARAMETERS USED
RADIUS,0.500
CITY
TRANSFERDATE,6
BEDROOMS
COMPARABLES FOUND USING THE ABOVE PARAMETERS:
ADDITIONAL SALES
Sale #1 * ---------------- MetroScan Comparable
Sales
--------------------
Own er :Flanders Family Limited Partnership
Parcel
:423 372 06
Site :3502 Marcus Ave Newport Beach 92663
Date
:03/10/1999
Mail :PO Box 674 La Canada Ca 91012
Price
Use :77 Res,Multi Family Dwelling
Doc #
:175593
Map Pg:888 G7
Phone
:949-675-0285
Bedrm Bth: TotRm: YB:1938 Pool:No
BldgSF:1,560 Ac:
Information compiledftoin various sources. Real Estate Solutions inakes no representations
or warranties as to the accuracy or completeness ofinforination contained in this report.
jol-
lout tOT (vUE%-l=-T-
To
V�f'-w\?va 4�
mv7;z�
ROBERT N. FLANL�ERS
Mailing Address 1947 Cumberland Road
P.O. Box 674 Glendora, CA 91741
La Canada, CA 91012 Bus. Tel: (626) 793-5356
Res. Tel: (626) 335-1518
Fax: (626) 793-2284
January 26, 2002
City of Newport Beach
Office of the City Attorney
P. 0. Box 1768
Newport Beach, CA 92658-8915
Attention: Daniel K. Old
DeDutv City Attorney
Reference: 3502 Marcus Avenue
Your letter of January 17, 2002 re Bulkhead height
Dear Mr. Ohl:
We are in receipt of the referenced letter advising us that our bulkhead may not be in
compliance with the height requirement of nine (9) feet above the zero fide line.
Per your suggestion, we met with 1W. Steven K. Hook, Chief Building Inspector, on
January 24th to discuss this matter. It was our understanding that the bulkhead was
brought up to the nine foot level to meet the City requirements, in 1983, by my father who
owned the property until his passing 'in 1998. As a side observation, this bulkhead is
.currently as high or higher than most of the sea walls of nearby neighbors and is at least 6"
higher than the city bulkhead at 35th street (25 feet away).
We have also engaged Pete Swift of SWlift Slip Dock and Pier Builders, Inc. to assure that
our bulkhead is 'in fidl compliance with the City requirements.
We will continue to study this condition to determine our compliance and coordinate our
efforts with City personnel should a deficiency exist. Thank you for bringing this matter to
our attention.
Very truly yours,
Robert N. Flanders
cc: Steven K. Hook, Building Dept.
,IT Y OF NEVT ORT BEACH
Robert N. Flanders
3502 Marcus Avenue
Newport Beach, CA 92663
RE: 35,02 Marcus Avenue
Dear Mr. Flanders:
Please be advised that our records indicate that you are the owner of the bay front .
property noted above. Flooding may occur on your property and in the surrounding areas
during periods of high tides because the bulkhead on the bayside boundary of your
property does not comply with City standards.- The City requires that bulkheads to be
built at least nine (9') feet above the zero tide line to protect against flooding at high tides.
The purpose of this letter is to inform you of this condition, and, to request your
assistance in conforming with this standard.
Raising bulkheads to protect against flooding is a responsibility of the property owner.
The amount of work and vision to raise to the bulkhead is typically not expensive or time
consuming. Please contact Steve Hook of the Building Department at your earliest
convenience to commence this activity. -
Thank you for your anticipated courtesy and cooperation.
A
Da_nie_IK. Ohl
Deputy City Attorney for th�_-
City of Newport Beach
DKO:cp
cc: Lloyd Dalton, Public Works
Jim Auger, General Services
Steve Hook, Building Department
F:\users\cat\sh ared�cp\C ode e nfo rce\Fl and ers\lefte ft u I kh ead. doc
3300 Newport Boulevard, Newport Beach
DISPLAY CUSTOMER RECORDS:
DISPLAY
END
DISPLAY CUSTOMER RECORDS
CUSTOMER NUMBER 040-1960-003
SERVICE ADDRESS
CUSTOMER NAME
3502 MARCUS
AVE
FLANDERS
ROBERT N
NEWPORT BEACH,
CA
OWNERINAME[ADDRESS
92663
FLANDER&-
BILLING ADDRESS
ROBERT N
PO BOX 674
3502 MARCUS AVE.
LA CANADK 1, CA
NEWPORT BEACH, CA
91012
92663 AUTO PAY
CYCLE 1 EXEMPTIONS
TAX N PENALTY N
Prop ID
PHONE:
B-(626) 793-5356
TYPE/SSNB 571-42-3976
EMAIL:
GRD/PHON01 R-(626)
793-5356
ATTN:
SERVICE READING
USED READ BILLED
PAID
DATE TOTAL DUE
1 DEL FEE 0
0
0.00
0.00
0.00
3 SWR SVC 0
0
7.20
7.20
10/26/01
6 SWR UNT 0
0
4.00
4.00
10/26/01
11 WTR SVC 0
0
7.00
7.00
10/26/01
PRESS ESCAPE TO CONTINUE
** ** * **** ***** * ** ** * * * * * * * * **** 'k ** ** * * * * * * * * *** * ** * ** * ** * * * ** * *** ** * * ** * * ****** * * * * *** -�. *
Information compiledfrom various sources. Real Estate Solutions makes no representations
or warranties as to the accuracy or completeness of information contained in this report.
-,ETROSCAN QUICK CO-14PS
1860 Howe Avenue, Suite 45.,,..%
Sacramento, California 95825
PHONE [8001 866-2783 FAX [916] 921-6781
-Prepared For
Date of Report :01/15/2002
Company
County Name :Orange (CA)
Address
City, ST, Zip
Prepared BV
OWNERSHIP INFORMATION
Parcel No.
:423 372 06
Owner
:Flanders Family.Limited Partnership
CoOwner
Site Address
:3502 Marcus Ave Newport Beach 92663
Mail Address
:PO Box..674 La-..Canada,Ca 91012
Telephone
:949-675'�-0285
SALES AND LOAN INFORMATION
Current Transfer Previous Transfer
Transferred
:03/10/1999 03/07/1995
Document #
:175593 92697
Sale Price
Deed Type
:Quit Claim Trust Transfer
Loan Amount
Lender
Loan Type
Seller Name
Flanders Robert NI
ASSESSMENT AND TAX INFORMATION
Land
:$543f223 Exempt Type
Structure
:$41,481 Exempt Amount
Other
Tax Rate Area :07001
Total
:$584,704 01-02 Taxes :$6,062.72
% Improved
:7
PROPERTY DESCRIPTION
Map Grid
:888 G7
Census
:Tract:635.00 Block:3
Zoning
Land Use
:77 Res,Multi Family Dwelling
Sub/Plat
Legal
:CANAL SECTION BLK 335 LOT 2
PROPERTY CHARACTERISTICS
•
Bathrooms:
Stories Lot Acres Year Built :1938
•
Bedrooms
Fireplace: Lot SqFt Units
•
Dining Rm:
Tennis Ct: Lot Dimen. OfficeSqFt
•
Family Rm:
Pool :No Bldg SqFt :1,560 Lease SqFt
•
Util Rm
Sauna GarageSqFt Sprinkler
•
Rec.Room
Dishwsher: Garage Sp. Elevator
•
TotalRms
Air Cond.: Addl SqFt WallHeight
Information compiledfrom various sources. Real Estate Solutions makes no representations
or warranties as to the accuracy or completeness of information contained in this report.
Information compiledfrom various sources. Real Estate Solutions makes no representations
or warranties as to the accuracy or completeness of information contained in this report.
PREPARED FOR: DATE
:01/15/2002
c I -County N..
:Orange (CA)
Owner :Flanders Family Limited Partnership
Address :3502 Marcus Ave Newport Beach 92663
:Newport Beach
APN :423 372 06
COMPARABLE PARAMETERS USED
RADIUS,1.500
CITY
TRANSFERDATE,6
SALESPRICE>,O
COMPARABLES FOUND USING THE ABOVE PARAMETERS:
ADDITIONAL SALES
Sale #1 * ---------------- MetroScan Comparable
Sales
--------------------
Owner :Flanders Family Limited Partnership
Parcel
:423 372 06
Site :3502 Marcus Ave Newport Beach 92663
Date
:03/10/1999
Mail :20 Box 674 La Canada Ca 91012
Price
Use : 7 7 Res,Multi Family Dwelling
Doc #
:175593
Map Pg:888 G7
Phone
:949-675-0285
Bedrm Bth: TotRm: YB:1938 Pool:No
BldgSF:1,560 Ac:
Information compiledfrom various sources. Real Estate Solutions makes no representations
or warranties as to the accuracy or completeness of information contained in this report.
Melum, Tony
From: Ohl, Daniel
Sent: Thursday, January 24, 2002 3:47 PM
To: Hook, Steve; Melum, Tony; Armand, Wes
Subject: RE: Sea Wall Repair at 3502 Marcus Ave.
cool it worked
----- Original Message -----
From: Hook, Steve
Sent: Thursday, January 24, 2002 3:41 PM
To: Ohl, Daniel; Melum, Tony; Armand, Wes
Subject: Sea Wall Repair at 3502 Marcus Ave.
In response to your letters of 1/11/02 and 1/17/02 Mr. and Mrs. Flanders came in today and met with me about the
details of their sea wall repair. They said that they have hired Pete Swift to make the repairs and he is sch. to start in
about one week. FYI
CITY OF NEWPORT BEACH
Q
Sm
0 0
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PROPERTY LINE
C%4
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_0
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EXISTING BLD'G WALL
PROPOSED GUARDRAL
18' MIN
FINISH GRADE
T.O. COPING
EL=+9.0(D',
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PROPOSED
TIE RODS
\—NEW 1"0 THREADEd
TIE ROD TYP
PROPOSED SEAWALL
28.57'(VERIFY)
PROPERTY LINE
S 36' 59' 48" E
PLAN VIEW N.T.S.
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APLICANTS NAME : SWIFT SLIP DOCK & PIER BUILDERS LOT BLOCK
CONTRACTOR : SWIFT SLIP, DOCK DATE
JOB ADDRESS : 3502 MARCUS AVENUE & PIER BUILDERS 03/12/04
NEWPORT BEACH, CA 92663 2027 PLACENTIA AVE.
I COSTA MESA, CA 92627
m
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DREDGE LINE \—PROPOSED CONC
ELEV COPING
VARIES
PROPOSED
CONTINUOUS
DEADMAN
BOT OF
WALL \'--CONC BULKHEAD
TYPICAL BULKHEAD SECTION N.T.S.
SOUNDINGS ARE EXPECTED IN FEET
AND DENOTE ELEVATIONS BASED ON
MEAN LOWER LOW WATER.
\—NEW 1"0 THREADEd
TIE ROD TYP
PROPOSED SEAWALL
28.57'(VERIFY)
PROPERTY LINE
S 36' 59' 48" E
PLAN VIEW N.T.S.
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APLICANTS NAME : SWIFT SLIP DOCK & PIER BUILDERS LOT BLOCK
CONTRACTOR : SWIFT SLIP, DOCK DATE
JOB ADDRESS : 3502 MARCUS AVENUE & PIER BUILDERS 03/12/04
NEWPORT BEACH, CA 92663 2027 PLACENTIA AVE.
I COSTA MESA, CA 92627
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----------
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CITY 0, PORT BEACH
150
EEL GRASS pROJECT
I -
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HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
APPROVAL IN CONCEPT
APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit
application to the South Coast Regional Commission pursuant to California
Administrative Code, Sections 13210 and 13211. CM
C00(yek porrwls &A001
General Description of Proposed Development: Install int
.e�cking fil��Iass
shp6t in front of existing sea wall.
Property Address: 3502 Marcus Ave.
Legal Description:
lHarbor Permit Number: 335-3502
IPlan Check Number: 2324-2003
Applicant: Bob Flanders
Applicant's Mailing Address: 3502 Marcus Ave., Newport Beach, CA 92663
Phone Number: 949-631-3121
3
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
\yThey comply with the current adopted Newport Beach General Plan, Zoning
Ordinance, Subdivision Ordinance and any applicable specific or precise plans or,
[i That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning
Ordinance or other regulations in any manner that would affect the use of the property or
the design of a project located thereon, this approval in concept shall become null and
void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted thereunder, this development:
Has been determined to be ministerial or categorically exempt.
o Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
[i Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
building permit have been given and are final. The development is not subject to
rejection in principal by Newport Beach unless a substantial change is proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach.
Tom Rossmiller, Manager, Harbor Resources
atu re:
Chris Miller, Harbor Resources Supervisor
September 12, 2003
Attachments:
Worksheet for Building Permit Application
Drawing
Page 2 of 2
WORIf—lEET FOR BUILDING / FIRE PERMIT API("-7ATIOP -RB
C A Qff SOURCES DIV.
CITY OF NEWPORT BEACH
PLEASE PRINT OR TY . PE BUILDING DEPARTMENT
1. PROJECT ADDRESS (NOT MAILING ADDRESS)
0
,X:XlEACH
LEGAL DESCRIPTION No. UNITS
LOT BLOCK TRACT
2. DESCRIPTION OF W.,qR USE
w
"'g,
A ZA # OF STORIES
canaek 49a)lz 15- VALUATION $
N EW f -I ADD ALTER DEMO Ej SQ FT
(NEW/ADDED/EXTG)
Check Appropriate Box
3. OWNER'S NAME ___-6AST
L(A-N
n-RQST
OWNER'S,#149R��SS -FO—WNER'S
0 ct A4
E-MAIL ADDRESS
CITY STATE ZIP
/V cll� C� >L__6�� *�
PHONE No
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4. ARCHITECT/DESIGNER'S NAME LAST
FIRST
LIC. NO.
ARCH ITECT/DESIGNER'S ADDRESS
ARCHITECT/DESIGNER'S E-MAIL ADDRESS
CITY STATE
ZIP
PHONE NO.
5. ENGINEER'S NAME LASj-
FIRST I
STATE LIC. NO.
ENGINEER'S �DDRESS
-2�57(qo V't C4,1_,b,1Q; 0
ENG INEEKS E-MAIL ADDRESS
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PHONE NO.
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PERMIT NO.
PLAN CHECK NO.
PLAN CHECK FEE $
PLAN CHECK ENG.
FormsOdg—application 10-18-02
z F
Eelgrass-.Surv,,e----y-.,,,Reporting Form
(Version 1.0, June 20, 2003)
This forin is required to be submitted for any surveys conducted for the celgrass, 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:
(common reference)
1 Survey Contact:
1(name,
phone, e-mail)
Permit Reference: .
(ACOE Permit No.,
CCC Permit No.)
Hydrog aphic System:
(bay, estuary, lagoon, or
harbor)
O's 1-4
Specific Location:
(UTM, Lat./Long., datum,
117a,-coj 14ele
accuracy level, attach
electronic survey area map if
1possible)
Z' C"
Was Eqlgrass
Yes, Eelgrass was found at this site.
Detected:
IIVO_ No, Eelgrass was not found at this site.
Description of
Permitted Work:
(describe briefly the work to
be conducted at the site
under the pemits identifie
above)
I
I IF
Description of Site:
(describe the physical and
iological 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).
J1
Depth range:
01 —
Substrate
type:
/I ot
Temperature:
a
Salinity:
Dominant
flora:
Dominant
fauna: /7
Exotic
species //0
encountered:
Other site
description
notes:
Description of Survey
Survey date
Effort:
and time
/0
(please describe the surveys
period:
conducted including type of
/J" 30 :00
survey (SCUBA, remote
video, etc.) and survey
methods employed, date of
work and survey density
(estimated percentage of the
bottom actually viewed).
Describe any limitations
encountered during the
survey efforts.
Horizontal
visibility in
/0 Aee-f
water:
Survey type
and methods:
a �C- /�O ae _57t
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density:
A
Survey
limitations:
ItIO 6
0 ' th ' er Information:
(Use this space to provide
any additional information or
references to attached
materials such as maps,
reports, etc.)
Eelgrass Survey Reporting Fonn (version 1.0, 6/20/03)
-MR
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AUF,
SWIFT SLIP
Dock and Pier Builders, Inc.
2027 Placentia Avenue
Costa Mesa, CA 92627
(949) 631-3121
Fax (949) 631-3122
email: bhswiftslipi@sb-c—g-lobal.net
www.swiftsiipdock.com
February 10, 2004
Fernie Sy
Califomia Coastal Cominission
200 Oceangate, Suite 1000
Long Beach, CA 92627
RE: Imoto/Flanders, 3 500/3 502 Marcus Avenue,- Newport Beach (Orange County)
Permit Application No. 5-03-396
Dear Femie:
This is in response to your letter dated October 23, 2004. concerning the above -referenced
application.
1: Project alternatives have been explored. The interlocking fiberglass was
proposed as -the method of repair because it creates the least impact to the
surrounding environment. It is not our desire to fill coastal waters and
mitigate.
It is our intention to repair or replace the existing seawall in the same
location to protect the property and existing structures in the area. As an
alternative, we could install precast reinforced concrete panels in place of
the existing structure. We intend to explore the concrete panels as a proj ect
alternative (see attachment 1).
2: Item no. 2 of your letter addresses the filling of open coastal waters which
no longer applies to.this project.
3: Item number 3 of your letter requests additional materials to substantiate the
need to repair the seawalls. Along with our original application we included
a letter from the City Attorney's office requiring a repair be made to prevent
the flooding at high tide .(attachment 2). We have enclosed 4 pages of
Femie Sy
California Coastal Commission
February 10, 2004
Page 2
photographs depicting the seriousness of the flooding (attachment 3). We
have a qualified engineer preparing plans to repair or replace the failing
seawall. His professional recommendations will substantiate the need to
repair or replace the existing seawalls. The7General Services Department of
the Newport Beach contacted the office of the City Attorney to have the
homeowners rectify the problem of flooding at 35t' Street and Marcus
Avenue. The existing seawall no longer protects the existing structures in
the area at high tide. If the existing dilapidated seawall fails prior to proper
repair, it puts public and private property at risk. - The deterio.ration-and
eventual failing ofthis seawall could impact marine life, local shoreline sand
supply, adverse impacts to water quality, etc. Section 30235 of the Coastal
Act states that seawalls shall be permittedwhen required to protect existing
structures. To do no work at all would be reckless and negligent on the part
ik I Commission and leaves the homeowners open to legal action
of the Coasta
by the City
3(a): If the concrete panel method is approved, the bank is protected by sandbags.
The old structures are removed and the concrete panels are driven in at the
appropriate location. To tie into the adjacent property, the seawall at.3502
will have a 12'retum.
3(b): We will submit two sets of detailed, full size plans prepared by an
appropriately licensed professional.
3 (c): Concerning your requirement for a biological study, enclosed you will find
our eelgrass survey reporting forms (attachment 4) and caulerpa taxifolia
survey reporting forms (attachment 5). Neither was found.
3 (d): We have obtained clearance from the Regional Water Quality Control Board
and the U.S. Army Corps of Engineers will issue a permit upon the receipt
of the issuance of the coastal development permit I will notif�, each agency
of the alternative material to be used for the wall when that has been
determined.
3)(e): Construction of the bulkhead will not result in dewatering of the project site
nor will excess water be discharged into Newport Harbor.
3(f): The now proposed method of construction is to replace the existing seawall
Fernie Sy
California Coastal Corarnission.
February 10, 2004
Page 3 )
at the property line. We do not propose to fill open coastal waters. The
Department of Fish & Game is noticed of the project by the U.S. Army
Corps of Engineers and that pennit reflects- the review of the Department of
Fish & Game.
3(g): The repaired or replaced seawall will not encroach seaward beyond the
boundary of the applicants' property. These properties are not located in
C -y tideland
ount S.
4: For forty years this seawall has been puttied and patched with plywood to
hold back the flooding waters. These feeble repairs are no longer acceptable
to the City.
5 There is no proposed dock work associated with this project.
6: Enclosed with this letter is a check in the amount of $400 for the balance
due to process this project on the regular calendar.
7: We will submit reduced sized plans as you requested and two sets of full
size plans you also requested.
Please kall me if you should have any questions or comments.
Very truly yours
SWIFT SLIP DOCK & PIER BUILDERS
A2�
�1�
Beth Swift
Permit Division
/brs
Enclosures
cc: Daniel K. Ohl, Deputy City Attorney, City of Newport Beachvl�'
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Page 1 of 4
400 Oceangate, Suite 1000 Date: June 21, 2004
Long Beach, CA 90802-4302
(562) 590-5071 Permit No: 5-03-396
COASTAL DEVELOPMENT PERMIT
On June 10, 2004, the California Coastal Commission granted to Helen & Katsuml
Imoto, & Flanders Family Limited Partnership Coastal Development Permit 5-03-396,
subject to the attached Standard and Special Conditions, for development consisting of:
Demolition of existing bulkheads and construction of new bulkheads in the same
location. More specifically described'in the application file in the Commission
offices.
The development is within the coastal zone in Orange County at 3500 & 3502 Marcus
Avenue, City of Newport Beach.
Issued on behalf of the California Coastal Commis 7on 4une2 20104.
V.
PETER DOUGLAS By:
Executive Director Title: Coa 'al P36ram Analyst
ACKNOWLEDGMENT
The undersigned permittee acknowledges receipi of this permit and agrees to abide by all terms
and conditions thereof.
The undersigned permittee acknowledges that Government Code Section 818.4 which states in
pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any
permit . . applies to the issuance of -this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION
OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a).
Date Signature of Permittee
Please sign and'return one copy of this form to the Commission office at the above
address.
COASTAL DEVELOPMENT PERMIT
No. 5-03-396
Page 2 of 4
STANDARD CONDITIONS
Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of.the permit -and
acceptance of the terms and conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years
from the date on which the Commission voted on the application. Development
shall be pursued in a diligent manner and completed in a reasonable period of
time. Appllication for extension of the permit must be made prior to the expiration
datd�.'
3. Intero6retation,, Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission.
4. Assi'
gnment., The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee to bind
all future owners and posses'sors of the subject property to the terms:and
conditions.
SPECIAL CONDITIONS:
Construction Responsibilities and Debris Removal
A. No construction materials, -equipment? debris,.or waste will be placed or
stored where it may be subject to wave, wind, or rain eros ion and
dispersion.
B. Any and all construction material will be removed from the site within'l 0
days of completion of construction.
C. Machinery or construction materials not essential for project improvements
will not be allowed at any time in the intertidal zone.
D. If turbid conditions are generated during construction a silt curtain will be
utilized to control turbidity.
E. 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.
IT. KI -buoyant debris Jisd arged into coastal waters will be recovered by
V Non U1 n
divers as soon as possible after loss.
COASTAL DEVELOPMENT PERMIT
No. 5-.03-396
Page 3 of 4
2. Pre -Construction Eelgrass Surve
A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass
(Zostera marina) survey shall be completed during the period of active
-growth of eelgrass (typically March through October). The pre -
construction survey shall be completed prior to the beginning of
construction and shall be valid until the next period of active growth. The
survey shall be prepared in full compliance with the "Southern California
Eelgrass Mitigation Policy" Revision 8 (except as modified by this special
condition) adopted by the National Marine Fisheries Service and shall be
prepared in consultation with the California Department of -,Fish Mid Game.
The applicants shall submit the eelgrass survey for the review and
approval of the Executive Director within five (5) business -days of
comple - tion 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 eelgrasswithin 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 Eelgrasis 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
applicants 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
ri. she ries Service and shall be pre ared in consultation with the California
p
Department of Fish and Game. The applicants shall submit the post -
construction eelgrass survey for the review and approval of the Executive
Director within thirty (30) days after completion of the survey. If any
eelgrass has been impacted, the applicants shall replace the impacted
eelgrass at a minimum 121 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 1.21
(mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio
found within SCEMP shall not apply. Implementation ' of mitigation shall
require an amendment to this permit or a new coastal development permit
unless the Executive Director determines that no amendment or new
permit is required.
3. Pre -construction Caulerpa Taxifolia Surve
A. Not earlier than 90 days nor later than 30 days prior to commencement or
re -commencement of any development authorized under this coastal
development permit (the "project"), the applicants shall undertake a survey
COASTAL -DEVELOPMENT PERMIT
No. 5-03-396
Page 4 of 4
of the project area and a buffer area at least 10 meters beyond the project
area to determine the presence of the invasive alga Caulelpa taxifolia.
The survey shall include a visual examination of the substrate.
B. The survey protocol shall be prepared in consultation with the Regional
Water Quality Control Board, the California Department of Fish and Game,
and the National Marine Fisheries Service.
C. Within five (5) business days of completion of the survey, the applicants
shall submit the survey:
(1) for the review and approval of the Executive Director; and
(2) to the Surveillance Subcommittee of the Southern California Caulerpa
Action Team (SCCAT). The SCCAT Surveillance Sub -committee may
be contacted through William Paznokas, California Department of Fish
& Game (8581467-4218) or Robert Hoffman, National Marine Fisheries
Oervice (562/980-4043).
D.
If Caulerpa taxifolia is found withi n- the project or buffer areas, the
applicants shall not proceed with the project until 1) the applicants provide
evidence to the Executive Director that all C. taxifolia discovered within
the project and buffer area has been eliminated in a manner that complies
with all applicable governmental approval requirements, including but not
,limited to those of the California Coastal Act, or 2) the applicants have
revised:the project to avoid any contact with C. taxifolia. No'revisions to
the project shall occur without a Coastal Commission approved
amendment to this coastal development permit unless the Executive
Director determines that no amendment is legall . y required.
Docurnent2 Printed on June 17, 2004 fs/Irn (G/Permit 2003)
JUN -22-2004 11:58 FRDM:SWIFTSLIPDOCK.COM
REPLY TO
A7 -N.
TION OR
Office of the Chief
Regulatory Branch
C949) 631-3122 TO:7230589 P.3
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
,November4,2063
Mr. Robert N. Flanders & Ms. Helen bnoto
c/6 S iwftSlfp Dock and Pier Builders
Attention: Beth Swift
2027 Placentia Ave
Cbsta Mesa, California 92-627
Dear Mr. Flanders and Ms. Imoto:
I
Reference is made to your request of September 29,2003 (File No. 200400067-SJH). Under
the provisions of Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C. 403), you
are hereby authorized to install 40 corrugated interlocking fiberglass panels for seawall repairs at
3500 and 3502 Marcus Ave., in Newport Bay, in the- city of Newport Beach, Orange County,
California, as shown on the enclosed drawings.
The owner(s) or authorized responsible official must sign and date all copies of this Utter of
Permission (LOP) indicating that he/she agrees to the work as described and will comply with all
conditions. One of the signed cople.s of Us Letter of Permission must be returned to the Corps of
Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached
postcards to notify this offici as to the dates of commencement (wifl-dn 10 days.prior to the start of
construction) and completion of the activity ( 'ft 10 days following the end of construction).
VT
Thank you for participating in our regulatory program.
6WI F i
Sincerely,
Mark Durham
Chief, South Coast Section
Regulatory Branch
-5: .
Z�Ql� -
DATE
uality Control Board
,4�% California Regional Water Q
Santa Ana Region
Terry Tamminen 3737 Main Street, Suite 500, Riverside, California 92501-3348 Arnold Schwarzenegger
Secretaryfor (909) 782-4130 * Fax (909) 781-6288 Governor
Environmental http://www.swrcb.ca.gov/rwqcb8
Protection
March 18,2004
Beth Swift
Swift Slip Dock and Pier Builders, Inc.
2027 Placentia Avenue
Costa Mesa, CA 92627
PROPOSED REPAIRING OF SEAWALL, ROBERT FLANDERS, 3502 MARCUS
AVENUE, NEWPORT BEACH, ORANGE COUNTY
Dear Ms. Swift:
If standard dock construction methods and materials are utilized, this project should not adversely
impact water quality. A statement has been submitted that there will be no waste discharged from
the proposed project. Based on these assurances, clearance is provided.
However, should the Army Corps of Engineers determine that this project requires a Section 404
permit, it will be necessary for the project proponent to obtain from this Board a Water Quality
Certification under Section 401 of the Clean Water Act.
Should you have any questions, please contact J. Shami at (909) 782-3288.
Sincerely,
N,
e '�W!4V
filohieno (Jun) T. irez, J
Chief, Regulations Section
cc: California Coastal Commission, Long Beach
Army Corps of Engineers — Erik Larsen
City of Newport Beach, Marine Department - Tony Meller
jis/blutag2l I let
California Environmental Protection Agency
cci Recycled Paper
California Regional Water Quality Control Board
Santa Ana Region
Winston Hickox Intemet Address: http://www.swrcb.ca.gov
Secrelaryfor 3737 Main Street, Suite 500, Riverside, Califomia 92501-3348
Environinenfal Pbone (909) 782-4130 FAX (909) 781-6288
Protecuon
October 1, 2003
Beth Swift
Swift Slip Dock and Pier Builders
Gray Davis
Governor
2027 Placentia Avenue
Costa Mesa, CA 92627
PROPOSED SEAWALL REPAIR, BOB FLANDERS, 3502 MARCUS AVENUE,
NEWPORT BEACH, ORANGE COUNTY
Dear Ms. Swift:
If standard dock construction methods and materials are utilized, this project should not adversely
impact water quality. A statement has been submitted that there will be no waste discharged from
the proposed project. Based on these assurances, clearance is provided.
However, should the Army Corps of Engineers determine that this project requires a Section 404
permit, it will be necessary for the project proponent to obtain from this Board a Water Quality
Certification under Section 401 of the Clean Water Act.
Should you have any questions, please contact J. Shami at (909) 782-3288
Sincerely,
A,
." ' 4--�W41't
ilomeno (Jun) T. Martirez, Jr., P.
Chief, Regulations Section
cc: California Coastal Cominission, Long Beach
Army Corps of Engineers — Erik Larsen
City of Newport Beach, Marine Department - Tony Meller
JIS/blutag I 881et
California Environmental Protection Agency
05 Recycled Paper
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES. CALIFORNIA 90053
IN REPLY REPLK lu
SPLCO-R 15 January 1982
City of Newport Beach
ATTN: Mr. Tony Melum
Marine Department
3300 Newport Blvd.
Newport Beach, CA 92663
SUBJECT: Replace An Existing Wooden Bulkhead With A Precast
Concrete Bulkhead In Rivo Alto, Newport Bay
Gentlemen:
Reference Is made to your Application No. 82 -54 -RA
We are reviewing your application, and estimate the processing time will be
a minimum of 75 days . Any work done before issuance of a permit is,
prohibited by law and may subject the parties involved to possible civil and
criminal legal action.
To process your application, the Information designated on the attached check
list is required. The requested information must be submitted.within 45 days
from the date of this letter. (not applicable)
Prior to issuance of a permit, -approvals designated on the attached check list
are required.
If you have any questions or wish to bring to our attention special
circumstances justifying expedited processing, please call Bob Atkins
in our Regulatory Branch at (213) 688-5606, before 3:00 p.m.
Sincerely,
1 Incl H. MAHONEY
Assistant Chief, Construction -
Operations Division
LA FL 507C
AUG 81
0)
Ar
It. 1"UMIG 1*011Ge-
US Army Corps
of A location
of Engineers pp
Los Angeles District
P.O. Box 2711 for ermi't
Los Angeles, CA 90053
Public Notice/Application No. 82 -89 -RA
SPLCO-R Date 14 MAY W2 Comment Deadline: 4 JUN ISM
Interested parties are hereby notified that an application has been received for a Department of the Army
permit for the activity described below and shown on the attached drawing(s).
Applicant(s)-- Mr. Norton Flanders
3502 Marcus Avenue
Newport Beach, CA 92663
Location - Rivo Alto Channel, Newport Bay, Pacific Ocean, at, 3502 Marcus Avenue, Lot 21,
Block 335, Tract Canal Section, city of Newport Beach, Orange County, California
Activity, Purpose -
To construct a new concrete bulkhead approximately three feet in front of an existing wood
seawall. (cont.lon page 2)
Comment and Review Period - Interested parties are U.S. Army Engineer District
invited to provide their views on the proposed work, ATTN:SPLCO-R_ 82 -89 -RA -
which will become a part of the record and will be con- P.O. Box 2711 (Public Notice No.)
sidered in the decision. Comments should be mailed to: Los Angeles, CA 90053
EIS Determination - A preliminary determination has been made that an environmental impact statement is
not required for the proposed work.
Public Hearing - Any person may request, in writing, within the comment period specified in this notice. that
a public hearing be held to consider this application. Requests for public hearing shall state with
particularity the reasons for holding a public hearing.
Other Authorizations Required - City of Newport Beach
Water Quality.- !�_ Certification that the proposed work will not violate applicable State Water quality
standards has been requested from location state 11 None Required
Coastal Zone Management: X—j The State of California is reviewing this work for consistency with its
approved Coastal Zone Management Program. 0 None Required
Cultural Resources - The latest version of the National Register of Historic Places has been consulted and
this site is not listed. This review constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Endangered Species - Preliminary determinations indicate that the proposed activity will not affect
endangered species, or their critical habitat, designated as endangered or threatened (Endangered Species
Act). Formal consultation under Section 7 (c) of the Act is not required.
Authority - This permit will be issued or denied under the following authorities:
[X Structures or work in or affecting navigable waters of the United States - Section 10, River and Harbor
Act of 1899 (33 U.S.C. 403).
0 Discharge of dredged or fill material for purpose of dumping into waters of the United States - Section
404, Clean Water Act (33 U.S.C. 1344).
13 Transportation of dredged material for purpose of dumping into ocean waters - Section 103, Marine
Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
Evaluation - The decl-,ion whether to issue a permit will be based on an evaluation of the probable impact
including cumulative impacts of the proposed activity on the public interest. That decision will reflect the
national concern for both protection and utilization of important resources. The benefit which reasonably
may be expected to accrue from the proposal must be balanced against its reasonably foreseeable
Co
detriments. All -factors which may be relevant to the proposal will be considered including the�cumulative
LL
effects thereof; among those are conservation, economics, aesthetics, general environmental concerns,
wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation
co I
LO shoreline erosion, and accretion, recreation, water supply and conservation, water quality, energy needs,
_j
u_ safety, food production and, in general, the needs and welfare of the people. In addition, if the proposal
_j would discharge dredged or fill material, the evaluation of the activity will include application of the EPA
Guidelines (40 CFR 230) as required by Section 404 (b) (1) of the Clean Water Act.
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT. CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES, CALIFORNIA 90053
GI) IN REPLY REFER TO
SPLCO-R 16 April 1982
Mr. Sam Kniss
Trautwein Brothers
2410 Newport.Blvd.
Newport Beach, CA 92660
SUBJECT: Application on Behalf of Norton Flanders to Construct a New
Concrete Bulkhead at 3502 Marcus Avenue, in Newport Bay
Dear Mr. Kniss:
Reference is made to your Application No. 82 -89 -RA
We are reviewing your application, and estimate the processing time will be
a minimum of 60 days Any work done before issuance of a permit is
prohibited by law and may subject the parties involved to possible civil and
criminal legal action.
To process your application, the information designated on the attached check
list is required. The requested information must be submitted within 45 days
from the date of this letter.
Prior to issuance of A permit, approvals designated on the attached check list
are required.
If you have any questions or wish to bring to our attention special
circumstances justifying expedited processing, please call Bob Atkins
in our Regulatory Branch at (213) 688-5606, before 3:00 p.m.
Sincerely,
aunm
1 Incl H. MAHONEY
Assistant Chief, Construction -
Operations Division
CHECK LIST FOR APPLICATION NO. 82 -89 -RA
�(Circled items are incomplete. Numbers refer to numbered items on your
.application form.)
6. Purpose, description of structures on fills or platforms, type,
compositionj quanity of material, method of dredging, means of conveyance,
disposal site of dredged material, step-by-step description of work.
7. Mailing addresses, owners and lessees.
12. When issued, provide copies of approvals or certifications listed on your
application and below under "OTHER".
14. Types of vessels, sewage pump out and refueling facilities, hazardous
materials contingency plan, copy of environmental assessment or report if
prepared.
15. Print name and title of signer, signed statement as described in item
designating your agent.
A fee of _$10.00 will be charged if and when the permit is issued.
Please make the check payable to the Finance and Accounting Officer USAED I.A.
Please place your application number on the check.
DO NOT SEND CHECK UNJIL REQUESTED BY OUR OFFICE..
DRAWINGS - SEE ATTACHED CHECKLIST
OTHER:
The following information is reguired to Process your
-application:
-1. The number of cubic Vards of backfill for the new concrete
-bulkhead.
The following permits or approvals are required prior to issuing
permit:
1. Water Quality Control Board approval for the bulkhead4
2. State Lands Commission.
3. City of Newport Beach.
4. Coastal Commission.
NOTE: Please send copies of the above permits or approvals
when issued.
LA FL 507A
�o
March 11, 1982
Filet SD 82-03-0.11
Samuel F. Kniss
Trautwein Brothers
Waterfront Construction
2410 Newport Boulevard
Newport Beach, California 92660
Dear Mr. Kniss:
,Q J%
'i"j, An.
<f
?j,
0,-
41e,
Ml -
Subject: Proposed Construction of new Seawall for 14r.
Norton Flanders at 3502 Marcus Avenue, Newport
Beach,, Orange County
The staff of the State Lands Commission has,received your letter
dated February 19, 1982 and eopies of the permit drawing relative
to the construction of your client's new seawall in Newport Day.
This is to advise that the tide and submerged lands over which
the proposed project will extend are sovereign lands of the State
of California that the Legislature granted in trust to the City of
Newport Beach. Therefore, you need not apply to the State Lands Commission
for project authorization. You should, however, apply to the City
of Newport Beach for any necessary permits or approvals. You should
also apply to all other agencies having approval authority.
This action does not constitute, nor shall it be construed as,
a waiver of any right, title, or interest by the State of California
in any lands under its jurisdiction.
Very truly yours,
JUDY LUDLOW
Granted Lands Representative
(916) 445-7134
JL: pe
CCI California Coastal -Commission
South Coast District
66 East Ocean Boulevard, Room 3107
Long Beach, California 90801
Attn: Nancy Lucast, District Director
M.
Robert L* Wynn# City Manager
City of Newport Beach
City Hall
33 Newport Boulevard
Newport Beach, California 92660
Mr. Norton Flanders
3502 Marcus Avenue
Newport Beach# California 92660
63eg
bcc: G 09-02
PECU
APPLICATION FOR A DEPARTMENT OF THE ARMY PERMIT
Porm Approved - Office of
For use of thk farm. sie EP 1145-2-1
Mgmt & Budget No. 49-RO420
The Department of the Army permit program in authorized by Section 10 of the River and Harbor Act of 1899. Section 404 of
P. L. 92-500 and Section 103 of P. L. 92-532. These laws require permits authorizing structures and work in or affecting navigable
waters of the United States. the discharge of dredged or fill material into waters of the United States. and the transportation of
dredged material for the purpose of dumping it into ocean waters. Information provided in ENG Form 4345 will be used in evaluating
the application for a permit. Information in the application is made a matter of public record through issuance of a public notice.
Disclosure of the information requested is voluntary: however. the date requested are necessary in order to communicate with the
applicant and to evaluate the permit application. If necessary information is not provided. the permit application cannot be pro—
cessed nor can a permit be issued.
One set of original drawings or good reproducible copies which.show the location and character of the proposed activity must
be attached to this application (see sample drawings and checklist) and be submitted to the District Engineer having jurisdiction
over the location of the proposed activity. An application that is not completed in full will be returned.
U Application ntunber (To be assigned by Corps)
2. Date
3. For Corps use only.
3 5 82
Day MO. Yr.
4. Name and address of applicant.
S. Name. address and title of authorized agent.
NORTON FLANDERS
3502 Marcus Ave.
Trautwein Brothers (Sam Kniss)
Newport Beach, Ca. 92663
2410 Newport Blvd.
Newport Beach, Ca. 92660
Telephone no. during business hours
Telephone no. during business hours
A/C (714) 675-0285
A/C (714) 673-1960
A/C ( I
A/C (
6. Describe in detail the proposed activity. its purpose and intended use (private� public. comimercial or other) including descrip—
tion of the type of structures. if any to be erected on fills. or pile or float—supported platforms. the type. composition and
quantity of materials to be discharged or dumped and means of conveyance, and the source of discharge or fill
material. if
additional space is needed. use Block 14.
Build new concrete bulkhead to be built approximately three 1 (3)
feet in front of old deteriorated wood seawall.
Fill to be by import.
7. Names, addresses and telephone numbers of adjoining property owners, lessees. etc.. whose property also adjoinsthe waterway.
3500 Marcus Ave. -William Bell
3502 Marcus Ave. -Norton Flanders, Applicant
3504 Marcus Ave. -Bill. Rhinesmith
S. Location where proposed activity exists or will occur.
Address: Tax Assessors Description: (if known)
3502 Marcus Ave.
Street. road or other descriptive location K�% No. Subdiv. No. Lot No.
Newport Beach
In or now city or tovm Ser— Twp. R96 -
Orange Calif. 92663 Assessbr's Parcel 4
County State --ap Code 045-242-06
9. Name of Waterway at location of Ow activity.
RIVO ALTO
Ulu PWM 4345. 1 OCT 77 Edition Of I APr 74 Is obsWete.
10. D3te activity isproposedtoconvaerma. Within 60 days after Dermit approval.
Date activity is expected to be conpleted Within. 90 days af ter starting.
11. Is any portion of the activity for v*dch authorization is soughtnow complete? YES M No
If answei is "Yeir* give reasons in *0 aec"u Month and vow the activity was corWleted
hx6cate the existing wadi an the ch -w nge.
12- List all approvals or certifications required bV other federal ' intas ate. state or.local agencies for any sbucture% construc—
tion. discharges6 deposits or other activities cle":ribed in this application.
Issuing Agency Type Approval Identification No. Date of Application Date of Approval
Water Quality letter 2/19/82 2/26/82
State Land
Commission submitted 2/24/8Z
City of Newport
Beach submitted 2/25/82
13. Has any agency denied approval for the activity described herein or for any activity directly related to the activity
described herein?
E] Yes No (If "Yes" explain in remarks)
14. Remarks or additional information.
15. Application is hereby made for a permit or permits to wthOrizO the activities described herein. I certify that I an familiar
with the information contained in this application. and that to the best of rq"nowiedge and belief such information is true.
complete. and accurate. I further certify that I possess the authority to rtake ivities.
SPOnature of AppVcant of Authork(li�FAgsnt
The application must be signed by the appli r however. it may be signed by a duly authorized agent (named in Item 5)
If this form is accompanied by a statement by the applicant designating the i�mt and agreeing to furnish,upon request.
supplemental information in support of the application.
18 U. L C. Section 1001 provides that Vftwwer. In MIT manner within the jurisdiction of any department or agency
of 7he United States knowingly, On'd willfully fslsifis*. conceMs. or covers up by any trick. ache". or device a material fact
or makes any false. fictitious or fraudulent statements or representations or makes or uses any false writing or document
knowing same to contain any false fictitious or fraudulent state' m t or entry. shall be fined not more than $10.000 or
imprisioned not more than five yearv6 or both. Do not ssrW a permit processing too with this application. 7he appropriate
fee wi I I be assessed when a p= . it is issued.
m 1
ADDRESS OF PROPOSED',PACILITY
PERMIT #
NORTON FLANDER-S
3,F-�,2 Marcus A ve
- 3- -'?
MAILING ADDRESS
TELEP, k NO.
FEE IA 4,HECK NO. DAT?E
3502 Marcus Ave.
675-0285
190 '4'187 2/2S/82
.0
APPROVED BYt DATE
APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO
El
CONSTRUCT/RFVISE A
OCHD
El
AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF
ENGR
NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING
BY TRAUTWEIN BROTHERS COMPANY
COUNCIL
DATED 9
El
PUBLIC WORKS
DEPT.
DATE 2/25Z82
F
ESCROW
INSPECTION FJ
SISNATURE
El
SPECIAL CONDITIONS:
CITY OF NEWPORT BEACH. CALIF. wx ronm es-ioto
NAME
ADDRE55 OF PROVObLU 'AU -1 I"
f,
'19ORT00 FLAMERS
Marcus
dH 0. DATE"�,.
FEE ECK N
3502 Harz -us Ave*
90. 2/2,5/
',A ppk6vE&- eyi. DATE
APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT ro
F]
CONSTRUCT/REVISE
OCHD
AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF
EN.R
NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING
TRAUMT14 MOTH=$
f.COUNC(L
By— COMPANY
I
DATED 2/4/82
PUBLIC W OR KS -
DIE PT,
2/25/82
_ESCROW
DATE
��'iNSPECTION
SIGNATUR
SPECIAL CONDITIONS:
A�
CITY OF NEWPORT 8 E A C H. CZL 1 P. WX FORM 68-1010
9.
SECURITY PACIFIC NATIONAL BANK
Newport Beach —BRANCH
P. 0. Box 1847
Newport Beach —CALIFORNIA 92663
F DATE 7/2/74
Marine Safety Dept. 72-847
City of Newport Beach ESCROW NO.
3300 Newport Blvd. City Hall Re: 3502 Marcus
Newport Beach, Ca 92660 Culver to Flanders
L
Gentlemen:
In connection with the pier facility located at 3502 Marcus, Newport Beach
we have enclosed the application for transfer of pier permit and escrow check
for $100.00.
Title has been transferred to Norton B. and Alice R. Flanders, whose mailing
address is 3501 Marcus, Newport Beach, Calif.
Please issue the new permit in the above grantees' name.
r3�ijC Ye�lan�, ,
Senior Escrow Officer
CC/hs
Encl:
02800-1 11-73 * 1 oo I oY Escrow Department Letterhead
RONALD REAGAN, Gov*rnor
41TMt� OF CA111`61A
CALIFORNW COASTAL ZONE CONSERVATION COMMISSION
5,
�bUTH CQA�4EGIONIAL COMMISSION
4'66 E. OCLAN SOULtYARD, SUITE3107
Fl. C). Box 1450
90801
IONG eEACH, CALIFORNIA
436-4201 (714) 8A6-0648
(213) 0- 117
To Commissioners
Froju: I;XeCUtive Director
Subject: Staff SxMary and Recommendations
'Application No.: P-6-20-73-1292
Attachments: 1. Maps
2.
3.
4.
10 Administrative Action:
The application received on June 202 1973
has been reyieved,
and . is co lete and in order. The public.hearing is scheduled for..
7D, '1973
Se-ot. and was held'on
2. Lplica-lit
Alton Culver (714)
673-7463
Applicant's full name
'TelephQne number
3502 Marcus, Newpor�t Beacht CA 92660
Address
OR Trantwen- Bros. (714)
73 —196(1--
Te'le-6hone number
Re-Dresentative's name
2410 Newport Blvd.
Address
Newport Beachy CA 92660
3. ProjectLocation:
(a) City New -port Beach
(b) County Orange
(c) Street: 3502 Marcus St.
(d) Area is zoned Newport Beac h
-1/21/73
LRM
. .. . ..... .... - - - - - - —
SEE MAP
I
%�.CTOPIA ST
ST
upp"
cc Jq IS
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L cf
41
'L4
No..
Z.-
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SEE MAP
-3 3 f -- 3
CITY OF NEWPOR7 BEACH, HARBOR APPLICATION NO.
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VICIMITY SkETCH
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CITY OF NEWPORT BEACH
CONSTR
UCTI
H A R 9 0 P% P r, R PERMIT
I�T, ON
DATE .....
PERMISS'01&4 IS XF-REVY GRANTCK, TO Ckl%rTFUcT Afqa) .. .....
MAINTA114 FpftL,;
wumov, SEE AT HE
AT THE
T
THE 11AROOR
rl
ANY G F A,
IS NOT
THE C�lyy
RIGHTS QWzn. 1-M-- Ti
ow,
AND, THIS Pr��k&U'T IVIAV
ta'y 'fZ9-,M C-,�77 CDIJNC.,;,
IN ACCQrkl:ArjcL! WiTli T�TLk- 27 09'�'T'44E rllUMC'LFAL CODE.
PEWM-IT
NOTE:
1. A Construction Permit is valid for two years from date
of issuance.
2, Separate permits from the Community Development Dept. are
required for any electrical or plumbing work done on
piers and floats.
3. Separate permits from the fire department is required
for any installation of fire protection equipment.
4. Upon completion of all work related to a Construction
Permit the applicant must notify the Marine Safety
Department for an inspection of the facility. This must
be done before a final permit will be issued permitting
occupancy of the facility.
P0
��i ""Ill", 11�4�1�11%"
�V_7;Z �� - -51Z 1
!:�;7mv
�\c \4" -�- �
CITY OF NEWPORT BEACH - --
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
January 21, 1992
Katsumi Imoto
552 Jade Tree Drive
Monterey Park, CA 91754
RE: Property at 3500 Marcus Avenue
Dear Mr. Imoto:
During the most recent cycles of high tides the City of- -Newport
Beach has received complaints regarding flooding across your
property. Field inspections on January 20, 1992 at your property
indicate that bay water is coming in, either through or over your
bulkhead, across your property and flooding streets and adjacent
properties.
Based on the City of Newport Beach Municipal Code, it is the
property owners' responsiblity to maintain harbor structures -such
as bulkheads and to prevent flooding on City streets or onto
adjacent properties.
This flooding situation must be corrected immediately. Repair of
the bulkhead will necessitate a Maintenance Permit from the -City of
Newport Beach- Marine Department and a Building Permit from the City
Building Department.
Please contact the Marine Department immediately at 644-3044.
Sincerely,
Tony Melu7
Tidelands Administrator
-7
3300 Newport Boulevard, Newport Beach
3300 Newport Boulevard, Newport Beach
TIME
DATE—
FOR
WHILE YOU WERE OUT
OF—
PHONE No. EXT.
TELEPHONED
PLEASE CALL
RETURNED YOUR CALL
WILL CALL AGAIN
CAME IN TO SEE YOU
URGENT
P
0
CITY OF NEWPORT BEACH
U �)h
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
. WW
January 21, 1992
William R. Beck
1012 Brioso Drive,#103
Costa Mesa, CA. 92627
Re: Property at 3401 Finley Ave.
Dear Mr. Beck:
During the most recent cycles of high tides the City of Newport
Beach has received complaints regarding flooding across your
property. Field inspections on January 20, 1992 at your property
indicate that bay water is coming in, either through or over your
bulkhead, across your property and flooding streets and adjacent
properties.
Based on the City of Newport Beach Municipal Code, it is the
property owners' responsiblity to maintain harbor structures such
as bulkheads and to prevent flooding on City streets or onto
adjacent properties.
This flooding situation must be corrected immediately. Repair of
the bulkhead will necessitate a Maintenance Permit from the Cit� Of
Newport Beach Marine Department and a Building Permit from the City
Building Department.
Please -contact the Marine Department immediately at 644-3044.
Sincerely,
Tony Melum
Tidelands Administrator
7- q,2L
7�1
3300 Newport Boulevard, Newport Beach
P
CITY OF NEWPORT BEACH
z P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
January 21, 1992
Frank D. KeVler
3313 Finley
Newport Beach, CA 92663
Re: Property at 3313 Finley
Dear Mr. Keller:
During the most recent cycles of high tides the City of Newport
Beach has received complaints regarding flooding across your
property. Field inspections on January 20, 1992 at your property
indicate that bay water is coming in, either through or over your
bulkhead, across your property and flooding streets and adjacent
properties.
Based on the City of Newport Beach Municipal Code, it is the
property owners' responsiblity to maintain harbor structures such
as bulkheads and to prevent. flooding on City streets or onto
adjacent properties.
This flooding situation must be corrected immediately. Repair of
the bulkhead will necessitate a Maintenance Permit from the City of
Newport Beach Marine Department and a Building Permit from the.City
Building Department.
Please contact the Marine Department immediately at 644-3044.
Sincerely,
Tony Melum
Tidelands Administrator
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
January 21, 1992
R.M. Andis and P.A. Benson
501 36th Street
Newport Beach, CA 92663
Re: Property at 501 36th Street
Dear Mssrs. Andis and Benson:
During the most recent cycles of high tides the City of Newport
Beach has received complaints regarding flooding across your
property. Field inspections on January 20, 1992 at your property
indicate that bay water is coming in, either through or over your
bulkhead, across your property and flooding streets and adjacent
properties.
Based on the City of Newport Beach Municipal Code, it is the
property owners' responsiblity to maintain harbor structures such
as bulkheads and to prevent flooding on City streets or onto
adjacent properties.
This flooding situation must be corrected immddiately. Repair of
the bulkhead will necessitate a Maintenance Permit from the City of
Newport Beach Marine Department and a Building Permit from the -City
Building Department.
Please contact the Marine Department immediately at 644-3044.
Sincerely,
Tony Melum
Tidelands Administrator
7—f
3300 Newport Boulevard, Newport Beach
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES. CALIFORNIA 90053
SPLCO-0 24 May 1974
City of Newport
Newport, CA 92660
ATTN: G. M. Dawes,, Harbor & Tidelands Administrator
Gentlemen;
Public
Application for Department of the Army Permit, Los Angeles District'*Notice
Nop.. 64-,-73 by Alton Culver has been:
x Approved and permit/J§�1=KKY,1KXXKX issued on 9 May 1974
(73-32)
Approved and permit/permission letter issued with
revised drawing, copy inclosed.
Denied.
Subject to the following additional conditions:
none
If you have any questions, please contact this office, A-ttention;
Operations Branch, or phone Waterways Control Section, 213-688-5607.
Sincerely yours,
Chief
RK.Pe.YOUNG, hief
Construction -Operations Division
LA PL 497
MAR 73
3.3
CALIFORNIA
RONALD REAGAN, G.vernor
��CA-iit-ORNIA COASTAL ZONE- CONSERVATION COMMISSION
00
tA
SOUITH ro'ST REGIONAL CWVAISSION
616 E. CCFAH COCWL�Y—R:), S',j"TE 31V
4/
-NS
P. 0. BOX 1450
LONG 2EACH, CALIr'O:'.,'IA 9--ZOI
p)
k213) A36-4231 (714) 846-: 13
4�lj
xj
C-) a
R73OLUTION OF APPROVAL ATO PERMIT,
Application Number: P-�6-20-73-1292
I�Iame of Applicant: Alton Culver
3502 Marcus, Newport Beach 92660
Permit'Type: Standard
Administrative
Fmerge'ncy
Development Location: 3502 Marcus, Newport Beach
bulkhead.
Development Description: Construct a new.bulkhead on the
line.
Commission Resolution:
I. The South Coast Conservation Commission finds that the
proposed
devc--'�,,,,ment:
A. llk.)M/will not have a substantial adverse environmental or
ecological effect in that:
the project will cause minimal environmental or ecological
impact.
0
Resolu,C-ion of Approval and Permit Page 3
III Said terms and conditions shall be perpetual and bind all future
cssors of the.property or any part thereof unless
olmers and pos-,
othei-v.rise specified herein.
IV. Section 560 of the Regulations of the Cnlifornia Coastal Zone
Conservation Cor.1,1SSD_on s ecifies that no structure or area of
P
land or water shall be used or occupied in the manner authorized
by the permit or in any other manner until the Executive Director
has issued a Certificate of Compliance with the -Lerms and con-
ditions of the permit.
V. The grant of this permit is further'made subject to.the following:
A. That this permit shall not become effe-ctive until the verifi-
cation has been returned to the South Coast Regional Conser-
vation Commission upon which copy all permittees have acknow-
ledged that they have received a copy of the permit and under-
stood its contents. Said acknowledgement should be returned
'within ten working days following issuance of this permit.
B. That upon completion of the activity authorized by this permit
the ermittee(s) shall promptly complete the "Notice of
P
Completion" and file it with the Executive Director of this
Regional Commission.
C. T . hat said development to be commenced on or before
120 days from effective date of aEproval
VI. Therefore, said Permit (Standard, fixlndWx��U, RM-10�:V-F)
Number P-6--20-73-1292 is hereby granted/dzknJ= for the above
described development only, subject to the above conditions
and, subject to all terris and provisions of the Resolution of
Approval by the South Coast Regional Conservation Commission.
VII. Executed at Long Beach California on behalf of
the South Coa,-+: ILt,,gional Conservation commission on
September 28, 1973
)AAAAUd
M.J. CaVenter
Executive Director
wk
impact.
U.,00lution of Approval ax -id Pennit Tage 2,
06 .
41
B.
I s/izxxv_t consistent with the. -findings and declarafions set
forth in Public Resources Code Sections 27001 and 27302 -in-
that:
it will not hinder preservation of coastal zone resources
for future maintenance planning.
C.
Is subject to the following other resultant s�tatutory:provisions'
and policies:
City ofNewport Beach Marine Safety Dept. and other�State and
Federal Agencies.
D.
Is/lxxxzt consistent with the aforesaid other stdtutory pro-.
visions and policies in that:
City has approved in concept.
E.
The following language and/or drawings clarify and/or. -facilitate.
carrying out the intent of the South Coast Regional Zone Con-
servation Commission:
site location maps and other documents.
II.
Whereas, at a public hearing held on September 17, 1973
(date)
at Los Angeles
(location)
by a 7 to 1 vote hereby approve s/dwwpwdq�
the a=ppication for Permit N r P-6-20-73-1292 pursuant
to the California Coastal Zone Con vati�on Act of 1972, sub--
ject to the following conditionsimposed pursuant to the Public
Resources Code Section 27403:
None
Resolution of Approva.L and -Permit Pago 3
III.
Said terms:and'conditions shall be perpetual and. bihd:��aU future-:..'.-,'.
oimers� and posses.sors of or any part thereof unless-.-
0 therAse specified herein*
IV.-
Section Coastal Z
,560 of the Regulations of the California one
Conservation Commission specifies that no structure or area of
and or water shall be used or occupied in the manner authorized. -
by the permit' or in any other manner until the Executive Director
has issued a Certificate of.Compliance with the terms and.con
of the permit.
V.
The grant ofthis permit is further made subject to the following:-
A. That this permit shall not become effective,until'the fi
veri
cation has been returned to the South Coast Regional Conser-,
vation Commission upon which copy all permittees have acknow
ledged.that they have received a copy of the ermit and under—
p
stood its contents. Said acknowledgement should be returned
-within ten working days following issuance of this permit.
B . That upon completion of the activity authorized.by.this permit,
the permittee(s) shall promptly complete the "Notice of
Completion" and file it with the Executivu Director,ofthis-
Regional Commission*
C That said development to be commenced on or before,�:
120 days from effective date of ap2roval
Vi.
Therefore, said Permit (Standard,
�-6"20-73-1292
Number is hereby granted/dwxl�d for, the above
described development only, subject to the above conditions
and subject to all terms and provisions -of the Resolution of
Approval by the South Coast Regional Conservation Commission.:
VII.
Long Beach.
Executed at California on behalf.,of...
the South Coapt Regional Conservation Commission on
September -28.. 1973
M.J. Ca3yenteru ,
Executive Director:'
wk
�N fv-).r.
fW4 Robert Vo lWoney 10400 Saybrook taro SP
CalikOM10 COBtal ZAMO CODA0rV'UUOn COMDiOSIOn Bbutiag'ton Vomehq Calif
SOU'U, Coast Rpglov
long
g UOU-011f califoralu* July Op 19710"
Ocar Pro Rooney;
Voalizifl( hov- vory illvotvad you Dust bo In 8"fog
guarding our Preelom
Goant"I areat I hosit" 0 QSUIII'-� for your 4681ritanco on a amall Fdrojeott ribioll
I rty un re
AII 1.10 mlm�ost innignificant to , ou tmt to wo tbroo prop* o, e
aajor ondertahing* Lot wo give you a bit of bacLground#
In 1052 the balhboud protoOtlPf! 10t& 10 IS 0110 �01 10 t"100, 019k)o US Ot�OWD
oil the attached, draving-v coMpeed# rOWArinrl lmvodiato roplecoo-oot to avold
timjor property loaaea* Croft ant! 1�0-vlllaj mrine Contractors In t1mT,"Ort 1110a0bg
haottly coustructed a now b"Mead Unings prossuro treatod voodlou slab* tof'.-'Pod
rdt"n a conorate cap,,, 111-ais strtacture was plifteed ebont four feet eunalvarxi of
tbo old bulldaetWl in U110 effort to offect? a gprogjpt repair, �i�110 van
guara-ateed for 15 yearo,
'� 9 &S A
f."U`ber tll�e 00oarl �fiafj r1son or U110 Lamd E)aa fulaftl sif�co vf'-w
Iflon mor tho bullihoad on "veral 000"DIOUG* Tho 111cit" tilaos
.,,One C,
of fiecomberz 19 and 2-v of 100"-11) caudned caajor dM;aC'O* POMorg"Alys, our Immos
were unbatcatiul # vith about 0 Inobes of water flooding oxar - _ g 0
mloo 'o�ao-o f
our neighbors NO- oven Vlore co-atly Onp-Orlenoon, I rbIloving- thiag 0"'h of UN
at th,6 ougg
"'goation 09 WO Utyv by "Chaing,
, emont
blocfw or othor struettirom or. top of One comov�i-t cap, vjjjjO this has affovled-
sor-m alleasuro of protoccion4 46"r, still a 4azardous toqpomarj
'Follorviva tfbo TVCA.�' einjorlovV09 thO MY of la-4-Nuport f)oa-ob ebangml thoir 6uM
holf3A Avocifleatious to provido a 9 foot holght above w0an 10WO lov
Nuring tho lost Isla or so -von years thoro have r)eon ranxorom azteq)ta
to fSet the four Proverty amnern toggethor Ond as a tf'-'ivaup to WGIALLOO t!"'O
detorioratlnG bulkhmadv which to now 91 yearn old md rag-jidly b000si&�V, a-
,. I
P
hazardoas s6ruetnros varing thin smW- t-mrlodl (Al of tho Involv&l pro,
Ozeept ours, Lave o,#qx,-Orf3bjp# -
Owners, ar, a t-Tarip 1,mve vori�xllcmlAy ar.3roeui to ro-r-,11ace m',ae bultfiocv2o
W'Jeu gor anv v2m-it-iar of re-Uponoo 'Nave vit"Alraunt to wait Until tho
b"Ardlowl actmilly toile at Some pointo '��"Onotarilyq WS virtiv-0,11Y Impoonible
Wor a ninglo qvimer to WAAM:Ioarl Ms propovty,, 4ut Wien ioeveml ov-LL--AOrr--1 do no as
a givou",la Uio em';tm aro Dlig.litly 1080 prol-Abitive,
tl!"40 ounore of lots �Rj, f'-3 and 4 have bom zork-lim? vin W�-O
vreatweia BrothOrSs, POVnt-iort f')O-aeb voritrao-Wras md are pv0000dlvj(� to obtaln
tho, mweroun peret.lita veqUiPod* P,'Wm� &-binog of the Tratifto-All or ization,
infolva ma that the C00AW, ("OU04GE1101)o thrm-,t4h your , ro Cappomtor --
11 la"d
dotetl""Avecl that WhIO Wor0e ponvi-to cmat be placed or., -publie -notices, mamt b�o
revioro"I by them A-111 com-Asnion "d I'llat ra� 94,204G. pervAt foo ho q""fpqR10dAk- to
arpenter rolod that " fall
hearlu,g, would sUll r0quiP001 tM" tbat Um truroo 90to vould W oomoddor--O-d
ae a Y)act%-w,- md ono too 04� 'N'"91,50 Would ho
;a
he arp,
pli(xi, f"W&I'leading thm-Se traroo Oropertiom tvill be
wa.ttery In fact 0060 tbroo lots plav, tbo 40joilling- lot
9100 0�' AVG per lot
a pretty routino
sumb,or I in the uloaq
aro the only lots In U10 Divo Alto aroti, taoj6 already protooted 6,y coacrote
The Trantualn people tell rf;o that the "�oulhboadl baerg—fill 'Will tho C,
-f-,oneivo opom'.11ong woving ho prot-lewliesp
difficult and very On", , fill Into t' ,
hetwoo-al housesp by 00011harrov/0 kas opp000d to Airlitod UA the �'klvo
Alto CUDalp which Ourrontly io roww"xioted,
I would line to rompectrully Ouggoat tbat limit-Od droxl,,Av,� In this fl'.voe
or uio canal t,)e seriouely conslaerodo r�ov the lost sovoral yoaro',' 40 tbo
'bigh tidl* period& Oecurp VO City of Nevport ach bw dMu'pod, wOUI-00 tra-01;
Road$ of Sand on the Umprotooto(I -30thm, .4orect, streot orAdv ubwttlog �Vlrjgey
Aveilluo an Ovic V al frov) loto P und t3 V-�a-t are invoAvod in tbo
IF JUG16 acro I=
ponalt request# This aetion or, the part of the City- la doz-aw to hot-pl Yv�revent
the fl000liwg, of ournercius Patoneis In CNo 05th aw! Vftloyi avoa. MatorcAlly, totals
scwd ollpa doi4i into W.,e V..roun,u, Lljdal aotlon avid by
bbovo r,?.,,o use Whe atreet ond, l'or swizavAligo to attend vloorinfle and V
lauaeblta,� of aP411 boatoo The result io predletalle, Cpnoral arom of tho
Ow -al Is fIlling with Oand to tll:�O ozaton-t that att low tide uxwy of Qo floats
wid boats to the lwmdtate area-# rest ov Mo bottom*
It 'WoUld be a betl6fit to r rod
ot or proport ounwal tbv I d 1(3 Of
boatere rho uso the canal und. to tl'-.-,n, City Or , vpov� Peach to b"Ve jbhlf-t
I
aectubulation of awd removoid frowN the o1hunnols es, ocially vithou� evist to
the City#
Let wo humb ly w j
/g ologize for tbo lour b of Ole lattero I hopo bbat
'it -my givo your Cw-oisslan a little clearor pleletwo of M' lti LixavAt cp�:J-Jkatlon.
E
'rhwaris for your patience, anet lioperully yotir th-our-m-el 0o""Adorat'lon-
of - theaO Sum atlons#
Slacerolyo
Iton Culvor,
S. Corps of Engineers
-U.
--Post Office Box 2711
Los Angeles? California 90053
Attention: Waterways Control
Section
Subject: harbor Permit Application No.
Dear Sir:
I hereby request a U. S.
Corps of Engineers' Permit for the
construction and installation
of a Seawall
and appurtenances thereto, to
be lo�iatea in Newport Bay, bayward of
Uot.No. 2 Block No.
Canal Section
Tract Newport
Beach, C-�:.I`ifornia. I am EH—eowner of the aforementioned property, and
t 4 0
I have made applica J. n for a
Harbor Permit to the City of Newport Beach.
The adjoining property owners are:
Lot Block
Lot 3 Block
Tract _Q_a�al Section
Tract . Canal Section
William Bell
Charles Whitney
3500 Marcus
3504 Marcus
Newport Beach, California
Newport Beach, California
Respectfully submitted,
Date 4/19/73
Alton Culver
Enc. Plans dated 4/19/73
1 Sepia
3502 Marcus
4 copies
t Beach, California
Newpor L
CITY OF NEWPORT BEACH APPROVAL
The Harbor and Tidelands
Administrator of the City of Newport Beach
has reviewed.Harbor Permit application
by
and subject -to the approval of
the U. S. Corps of: Engineers, will issue
Harbor Permit No.
G.,,1M. DAWES
Date
Harbor & Tidelands Administrator
CC*
Santa Ana River Basin
Regional Water Quality Control Board
6833 Indiana, Suite 1
Riverside, Calif. 92506
Dear S ir:
This letter is to assure the above agency that' -there
will be no overnight occupancy on vessels moored at the
proposed harbor installation and further that there will
be no.waste discharge from the vessel(q) moored at the
proposed inst�,llation.
y
Sincerel
Alton Culver
3502 Marcus
Newport Beach, Calif. 92660
copy to: Resources Agency of California
State Water Resources Control -Board
1416 Ninth St. Room 1140
Sacramento, California
Los Angeles District
U.S. Army Corps of Engineers
P.O. Box 2711
Los Angeles, California 90053
STATUS SHEET
HARBOR PERMITS