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Home My WebLink AboutM2008-0028STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 February 26, 2008 (562) 590-5071 Mr. Tom Rossmiller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Condition Compliance — Coastal Development Permit 5-06-117 & Conformance with Consistency Certification CC -031-06 - DOCK CONSTRUCTION Dear Mr. Rossmiller: Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5-06-117, and/or as evidence of conformance with Consistency Certifications CC -031-06 for the following sites in the City of Newport Beach: Applicant Site Address Existing Pier, Pier Platform, and Dock Dimensions Proposed Float Dimensions Proposed Gangway and Pier Existing Piles Proposed Piles Additional Descript.'on 1 O'x 14' pier 3-12" Eelgrass survey dated 8/22/07 platform; 3' concrete (expires 3/1/08); Caulerpa 3908 Channel Rectangular Rectangular x 24' piles; 1-14" survey 2/14/08 (expires Christensen, Alfred Place 10'x 16' 10'x30', gangway T -pile 5/14/08) U-shaped 6'x 55' float with 8'wide Eelgrass survey 9/19/07 headwalk;Exi 3-16" (expires 3/1/08); Caulerpa pier and 6.25'x 58' 1038 W. Bay ,sting gangway to finger, Tx 16' concrete survey 2/14/08 (expires Degler, Bruce Avenue remain lobe piles 5/14/08) Commission staff have reviewed the information submitted and determined that the above referenced dock construction projects conform with the submittal requirements established under Consistency Certification CC - 031 -06 the Special Conditions of Coastal Development Permit 5-06-117. Please note that the eelgrass and Caulerpa taxifolia surveys com pl ete d are only valid for a limited time period and that additional surveys must be completed and submitted to Commission staff for review if the proposed dock projects listed above do not commence prior to expiration of the initial survey. In addition, please note that this authorization shall expire on October 23, 2009 and that all authorized work must be completed prior to that date. Finally, please note there are ongoing obligations relative to water quality protection established in the authorization which must be implemented for the entire life of the approved development. Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -031-06 and/or conform with the terms and conditions of Coastal Development Permit 5-06-117. Any change in the projects may cause them to lose their status as consistent with CC -031-06 and/or CDP 5-06-117. This certification is based on information provided by the City of Newport Beach. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC -031-06 and/or CDP 5-06-117, is obtained. If you have any guestions, please contact me at (562) 590-5071 or Mr.'Mark Delaplaine at (415) 904-52GO. Sincerel Karl Schwing Supervisor, Regulation &-Planning, Orange County -Area Cc: Mr. Mark Delaplaine, California Coastal Commission Mr. Dan Swenson, U.S. Army Corps of Engineers -1 - DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.0 BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 April 9, 2008 REPLY TO ATTENTION OF: Office of the Chief Regulatory Division Chris Miller 829 Harbor Island Drive Newport Beach, California 92660 Dear Mr. Miller: This is in reply to your application (File No. SPL -2008 -00100 -DPS) dated January 15, 2008, for a Department of the Army Permit to conduct work in waters of the U.S., in association with the 1038 W. Bay Ave. dock replacement project. The proposed work would take place in Newport Bay within the city of Newport, Orange County, California (as shown on attached drawing). Based on the information you have provided, the Corps of Engineers has 0 determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54 -Maintenance Dredging, Beach Nourishment, and Dock Maintenance. As long as you comply with the general permit conditions of RGP No. 54, an individual permit is not required. Specifically, you are authorized to: 1. Remove existing U-shaped dock; 2. Replace with a 6.25 ft x 58 ft finger dock and a 7 ft x 16 ft lobe dock with three 16 inch concrete pilings (existing gangway and pier to remain). I � 1D -2- A general permit does not -rant any property rights or exclusive privileges. Also, 0 it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law. Thank you for participating in our regulatory program. If you have any questions, please contact Daniel Swenson of my staff at 213-452-3414 or via e-mail at Daniel.P.Swenson@usace.army.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://12er2.nwl2.usace.army.mil/survey.html. Sincerely, Daniel P. Swenson Senior Project Manager South Coast Branch Regulatory Division Enclosure v- 7, PRCI�-j C OZRAi JETTT YICINIT�YMRF UFT JF-� mum w,mvma VWrOW:BFW ON MUN'L%fR LOH RATER. . qr-,-Wocjc; May 22 08 05:01 p B Degler VZ)( ZZI ZU19d I t�: lb 9496313122 949 675 2023 SWIFTSLIPDOCKPIER HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions January 15, 2008 ProPertyAddress� 1038W ' Bay Ave. P.1 PAGE 01/02 W".V �Wft With reference to the plans currently under oonsideration at the above referenced addrew to reconfigure or modify the! clock SyStOM Dr bulkhead, the following conditions vAll now be in effect; 1. The project proponent is ware of the HRTbor Permit Policies (Council Policy H-1) and 'ritle 1 17 of 1he City of Newport Beach MunicipGl Code. The project proponent understand.9 that [lit! above referenced structure (s) - is under the purview of these Pa licles and Codes. 2. Any future work on the, above mentionod stwcturie(s) requires permits with the City of .Newport Beach and any �other applicable agendes. Painting and work considered to be cosmetic in nabire does not mquire a pernrift. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under considere . l�ion. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. Them conditions supersede all past conditions associated wRh this property, 4. Only mairine oriented uses are allowed on the pier, pier platform, gangway and foat. Patio furniture, plants etc—are no�' permitted. 5. In a0cordance with M unicipal Code 10.08.030 & the project proponent shall obtain the proper pen -nits fbr equipment and materials storage. "Except as otherwilse provided in thIs' secUan, no permri shall use any, public street, sidewalk, alley or parkway or o'ther public property for the purpose ol� storing or dispIVng any equipment materials or merchandise, or .any other commaraial purpoed. a. Public sbee ' S, sidewalks, alleys, or parkways ma'y be used -for the purpose of selling, staring, or displaying any equipment, material, merchandLae or for other cornmerciall purpo—" in the folloAing cases: ... For tha temporary storage of construction equipment or material providled a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Unfliorm Buirding Code." 6- The project shall be Implemented in conformanGe with ft Local Coastal Program - Coastal Land Use Plan. POW I of 2 May 22 08 05:02p B Degler 949 675 2023 p.2 Uti/Z'2/'M18 15:18 9496313122 SWIFTSLIPDOCRPIEP, PAGE 02/02 WQVVz1YVd§ 7- In amordance w1th MunIcipal Gode 10,28.040 the following noise regulations apply- "A. Weekdays and Saturdays. No person shall, while engaged in construrtion, mmodeling, digging, grading, dernolfrion, Painting, Pfastering or any uther relaZed buildlng activity, operate any tool, equipment or machine in a manner which produces loud noise that dfsturbs, or could disturb, a person of normal sensitivity who works or reefdez in the vicinfty� on any weekday except between the hours of seven a.m. and six-thlrty p.m., nor on any Saturday excePt between the hours of eight a.m. ancr six p.m. B, Sundays and HoF&M No person shall, while engagecf if, construction, remodeling, digging, grading, demolition, pa.Inting, plastering or any other related building 2ctivfty, operate any tool. equipment or machine in a manner which produces loud noise that distums, or could disturb, a persort of normal sensifivKy who wc>ft or resides in the Vicinity, an any Sunday or any federal hol[day." 8, Your side property lines extend in the water along their same beating. Vessels shall not encroach upon the neighbor's property on eMer side. 9. Vessels may not eXend beyond the end of the fingers by more than the width of its beam. 10. The maximum beam of a vessel that is permitted to side tie to the westemmost side of the float is 29. 11 - The Ma;dmurn beam of a vessel that is permitted to skle tie to the easternmost side of the Boat is a'. APPlicant Signature I-jaje Joint Pier ApplicantSignature (if aPPlicable) pe ame Date Page 2 of 2 CITY OF NEWPORT BEACH HARBOR RESOURCES January 15, 2008 California Coastal Commission Attn: Karl Schwing 200 Oceangate, STE 1000 Long Beach, CA 90802-4416 Army Corps of Engineers Attn: Dan Swenson 915 Wilshire Blvd. Los Angeles, CA 90017 Santa Ana Regional Water Quality Control Board Attn: Adam Fischer 3737 Main Street, STE 500 Riverside, CA 92501-3348 RE: Regional General Permit No. 54 — Dock Construction Application Submittals Enclosed is the recent monthly batch of dock construction applications for your approval, per the California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06, the Army Corps of Engineers Permit No. 54 (File No. 200501233 -DPS) and the Regional Water Quality Control Board General Certification Permit. All of these applications have been checked for accuracy and completeness as evidenced by the attached Dock Construction Application City Checklist. Thank you for your time in reviewing these applications. Please do not hesitate to call if you have any questions. Site addresses included 1038 W. Bay Ave.- Degler Sincerely, Lisa Wafters Harbor Resources Technician (949) 644-3044 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 sWebsite: www.newport-beach.ca.us/HBR/ HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 718-1844 Fax (949) 723-0589 www.newport-beach.ca.us/hbr DOCK CONSTRUCTION APPLICATION CITY CHECKLIST Applicant Name: Project Site Address: ia56 W -Row he Applicant address, phone number Agent name, address, phone number (if applicable) Project site address Assessor's parcel number Project site latitude and longitude Description of proposed work (project must not deviate from the Standard Drawings) Type of construction material used (concrete, wood, steel etc... Scaled drawings (plan view and cross sectional view) Site address Location within the Harbor Location and dimensions of existing dock structure Location and dimensions ofproposed dock structure CK Location and dimensions of existing dock structures on adjacent properties Location of Bulkhead, Pierhead and Project Lines Photo(s) of project area at low tide (including 30' buffer area) 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 oWebsite: www.newport-beach.ca.us/HBR/ Dock Construction Application City Checklist Page 2 19 Eelgrass Survey Survey for presence of eelgrass within 30' of the entire project area Yes No Eelgrass within 15' of entire project area. Proiect no permitted. El If any eelgrass is located greater than 15' from the project area, then no further monitoring required. Caulerpa Survey 50 Survey for Caulerpa within 30' of the project area Project is over (check one box): IN City Tidelands El County Tidelands (State Lands Commission Dredge Lease Approval) El If applicable, check one box: El The Irvine Company owner's approved area 0 Bay Island owner's approved area El Dover Shores owner's approved area El Linda Isle owner's approved area OK Completed Worksheet for Building/ Fire Permit Application and proof of payment of Building Department fees Check for $60 made payable to Santa Ana Regional Water Quality Control Board Signed application AIC -City approved Approval in Concept HARBOR RESOURCES DIVISION 771 829 Harbor Island Drive v. 12-14-06 Newport Beach, CA 92660 (949) 718-1844 Fax (949) 723-0589 www.newport-beach.ca.us/hbr DOCK CONSTRUCTION APPLICATION Regional General Permit 54 CDP 5-06-117 & CC -031-06 Corps File No. 200501233 -DPS Water Board Consistency Permit Valid Until October 23, 2009 This Permit applies to residential dock construction projects only and includes pier, gangway, float andpile repair / replacement. Bulkhead work is notpermitted under this Permit. IApplicant Name, Address, Phone Number: I Bruce Degler 949.675.2032 1038 W. Bay Newport Beach, CA 92661 Agent Name, Address, Phone Number (if applicable): Swift Slip Dock & Pier Builders, Inc. 949.631.3121 2027 Placentia Avenue Costa Mesa, CA 926 27 Project Site Address: Assessor's Parcel Number: 1038 W. Bay Avenue �047-262-02 Project Site: Longitude:, 117.91514 Latitude: I 1 133.60738 Description of Proposed Work (Project Must Not Deviate from the City's Standard Drawings): Remove existing floating dock and replace with a 6.25'x 58'finger, a 7'x 16'lobe with three 16" concrete pilings. (Existing gangway and pier to remain) Regional General Perinit 54 Dock Construction Application Page 2 Type of Construction Material Used (concrete, wood, steel including any chemical treatment etc ... ): Please submit the following on a separate page. Use the check boxes to ensure a complete application is filed. Incomplete applications will not be processed. FX- Scaled drawings of the project (plan view and cross sectional view) FX- Site address FX-, Location within the Harbor FXT Location and physical dimensions of existing dock structure (float, pier, gangway, pile and bulkhead) FX- Location and physical dimensions ofproposed dock structure (float, pier, gangway, pile and bulkhead) FXK Location and physical dimensions of existing dock structures on adjacent properties rK- Location of Bulkhead, Pierhead and Project Lines FK- Photo(s) of entire project area at low tide (including 30' buffer area), with emphasis on eelgrass FX- Eelgrass Survey - Completed by a Certified Eelgrass Diver A. Survey for the presence of eelgrass within 30'of the entire project area B. If eelgrass is within 15' of project area, then the project will not be permitted. (An Individual Permit must be sought.) C. Any eelgrass must be located greater than 15' from project area - No fin-ther eelgrass monitoring is required FX- Caulerpa Survey - Completed by a Certified Caulerpa. Diver A. Survey for Caulerpa. within 30'of the project area Project is over (check one box): R City Tidelands F7 County Tidelands (State Lands Commission Dredge Lease Approval) If applicable, check one box: F The Irvine Company owner's approved area F, Bay Island owner's approved area F Dover Shores owner's approved area F Linda Isle owner's approved area Regional General Permit 54 Dock Construction Application Page 3 F��—, Completed Worksheet for Building lFire Permit Application and proof of payment of Building Department fees FXT Check for $60 made payable to Santa Ana Regional Water Quality Control Board 1, 113eth Swift for Swift Slip Dock& Pier Builders, I (Applicant / Agent), hereby certify that the information on this application is accurate and complete. I also certify that I have read the California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06, the Army Corps of Engineers Regional General Permit 54 (File No. 200501233 -DPS) and the California Regional Water Quality Control Board General Certification for Regional General Permit No. 54 for construction in Newport Harbor and that I will comply with all of the conditions in those permits. I also certify that by acceptance of this Permit, the applicant acknowledges and agrees that the site may be subject to hazards from waves and erosion. I will further hold the City of Newport Beach harmless from and indemnify the City against any claim for damages arising out of the exercise of these permits. In addition, I shall reimburse the City of Newport Beach for all attorney's fees and other costs expended by them in defending any claim, lawsuit, or judgment arising out of the activities of the applicant carried on under the authority of such Permit. I understand that any work authorized must be completed by October 23, 2009, after which a new authorization is required. Per the RGP Permit, all dock construction applications will be processed by the various agencies through monthly batch submittals sent to them by Harbor Resources. Therefore, all dock construction applications must be submitted to and received by Harbor Resources by the I st Monday of every month. Applications submitted prior to this deadline are encouraged and appreciated. and / or Age6t Signature Z- Date HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove existing floating dock and replace with a 6.25'X 58'finger, a 7'X 16' lobe with three 16" concrete pilings. Existing gangway and pier to remain. lAddress number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to Tinai approvai. lPrODertv Address: 1038W.BavAve. I Legal Description: I Harbor Permit Number: 116-1038 jPlan Check Number: 1951-2007 jApplicant: Bruce Degler Applicant's Mailing Address: 1038 W. Bay Ave., Newport Beach, CA 92663 Phone Number: (949) 631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find y They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, o That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: )X Has been determined to be ministerial or categorically exempt. F -i Has received a final Exemption Declaration or final Negative Declaration (copy attached). o Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resources January 15, 2008 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions January 15, 2008 Property Address: 1038 W. Bay Ave. With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1 . The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. 10. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the float is 20'. 11. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the float is 8'. Lisa Walters, Harbor Resources Applicant Signature Date Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Page 2 of 2 Date Map Output Page I of I ---/ --�5 - �� 1. LAJ e-aCLU,0Uk- http:llwww6.city.newport-beach.ca.uslservletleom.esri.esrimap.Esrimap?ServiceName=nb—... 9/6/2007 lain E7Rtv -pim - ��, RMT YICIWITY MRP P 8 , A" -FROF(LE. 11 40."- UffT MEMIONS:WSM ON MEM'LORN LOH KRTER. 41 4 1 49 Is 'AN 40' ---PL I.M. oil, MT ME -V t��e- Im 01A I 'AN 40' ---PL I.M. oil, MT ME -V t��e- -V Eelgrass Survey Reporting Form (Version 1.0, June 20, 2003) This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For ftirther 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) Degler residence 1038 W. Bay Newport each, CA 92661 Survey Contact: (name, phone, e-mail) Debbie Karimoto (949) 887-7041 (cell) (949) 830-1173 (fax & office) d,�b k a rilnotoO),cox. n et Permit Reference: (ACOE Permit No., ACOE RGP #54 CCC Permit No.) Hydrographic System: (bay, estuary, lagoon, or Newport Harbor harbor) Specific Location: (UTM, Lat./Long., datum, 330 36' 24" N accuracy level, attach 1170 54'46" W electronic survey area map if possible) See attached maps Was Eelgrass Detected: Yes, Eelgrass was found at this site. _XXX_ No, Eelgrass was not found at this site. Description of Permitted Work: (describe briefly the work to Remove and replace existing boat dock with finger that is 6.25' x 58' be conducted at the site t:1 under the permits identified and has a Tx 16'lobe and three 16" concrete pilings. Existing pier above) and gangway to remain. - I - Description of Site: (describe the physical and Depth rangae: 2-12' Ti de varl ed between +4.4 8' an d +4. 11 at biological conditions within time of survey. the survey area at the time of the survey and provide insight into variability, if Substrate 0,pe.- Soft, silty sediment & compact, silty sediment known. Please provide units for all numerical information). Temperature: 700 Salinity: Normal bay range of 30-33 ppt Dominantflora: none Bryozoans Dominantfauna: Barnacles (Megabalanus californicus) Mussels (Mytilus calijbrianus) Stingrays Tunicates Exotic species encountered: None Other site description notes., None Description of Survey Effort: Survey date and time 19 September 2007, 3:30 pm -5:30 p.m. (please describe the period: surveys conducted including type of survey (SCUBA, remote video, Horizontal visibility in I foot etc.) and survey methods water., employed, date of work, and survey density (estimated percentage of Survey type and SCUBA survey; Diver swam transects throughout the bottom actually methods: APE. viewed). Describe any limitations encountered during the survey efforts. Survey personnel: Debbie Karimoto (949) 887-7041 (cell) Survey density: —20% of APE Survey limitations: Poor visibility Other Information: (use this space to provide See map and site survey sketch any additional information or references to attached materials such as maps, reports., etc.) Eelgrass Survey Reporting Form (version 1.0, 6/20/03) -2- Site Address: 1038 W. Bay Newport Beach CA 92661 Site A ddress: 1038 W. Bay Newport Beach CA 92661 -3 - kj 0 7:�f 4�, j, Site A ddress: 1038 W. Bay Newport Beach CA 92661 -3 - Pink outline reflects survey perimeter. All area within that perimeter was surveyed. M Site Address: 1038 W. Bay Newport Beach CA 92661 -5- Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state perniits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: 15 February 2008 Name of bay, estuary, lagoon, or harbor: Newport Harbor Specific Location Name: Degler Residence (address or common 1038 W. Bay reference) Newport Beach, CA 92661 Site Coordinates: (UTM, Lat./Long., datum, 330 36' 24" N accuracy level, and an 1170 54'46" W electronic survey area See attached maps map or hard copy of the map must be included) Survey Contact: (name, phone, e-mail) Debbie Karimoto, (949) 887-7041 (cell) (949) 830-1173 (fax & office) debkarimoto@cox.net Personnel Conducting Survey (if other than Same above):(name, phone, e- mail) Permit Reference: (ACOE Pen -nit No., ACOE RGP #54 RWQCB Order or Cert. No.) Is this the first or second survey for this Second project? Was Caulerpa Yes, Caulerpa was found at this site and Detected: (if Caulerpa is found, please has been contacted on date. immediately contact NOAA Fisheries or CDFG xxxx No, Caulerpa was not found at this site. personnel identified above) Description of Permitted Work: Remove and replace existing boat dock with finger that is 6.25' x 58' (describe briefly the work and has a Tx 16'lobe and three 16" concrete pilings. Existing pier to be conducted at the site and gangway to remain. under the permits identified above) Description of Site: (describe the physical and Depth range: 0- 10' Tide varied between +2.25 and +2.52 at time of survey. Substrate type.- Soft, silty sediment & compact, silty sediment biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Temperature: 550 Salinity: Normal b range of 30-33 ppt Dominantflora: none Dominantfauna: Bryozoans Barnacles (Megabalanus californicus) Moon Jellies ( 4urelia aurita) Mussels (Mytilus califorianus) Tunicates Exotic species encountered None (including any other Caulerpa species): Other site description notes: None Description of Survey Effort: Survey date and time period: 14 February 2008, 3:30 pm - 4:30 p.m. Horizontal visibility in water., I foot (please describe the surveys conducted Survey type and methods: Surveillance level SCUBA survey, Diver swam transects throughout APE. including type of survey (SCUBA, remote video, etc.) and survey methods Survey personnel: Debbie Karimoto (949) 887-7041 (cell) employed, date of work, and survey density Survey density: (estimated percentage of the bottom actually —20% of APE; no Caulerpa present Survey limitations: viewed). Describe any limitations encountered Poor visibility during the survey efforts. Other Information: (use this space to provide See map and site survey sketch any additional information or references to attached materials such as maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) Site Address: 1038 W. Bay Newport Beach CA 92661 Site Address: 1038 W. Bay Newport Beach CA 92661 Pink outline reflects survey perimeter. All area within that perimeter was surveyed. Site Address: 1038 W. Bay Newport Beach CA 92661 PO -INK FO V, Facsimile Transmittal Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 Fax (949) 723-0589 Date: February 15, 2008 To: Karl Schwing From: Lisa Walters Fax No: 562.590.5084 No. of Pages: 11 (Including cover sheet) RE: Caulerpa Survey's for 1038 W. Bay & 3908 Channel PI Degler Christensen Attached is the information that you requested. Thanks Lisa This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: 20 September 2007 Name of bay, estuary, lagoon, or harbor: Newport Harbor Specific Location Name: Degler Residence (address or common 1038 W. Bay reference) Newport Beach, CA 92661 Site Coordinates: (UTM, Lat./Long., datum, 330 36'24" N accuracy level, and an 1170 54'46" W electronic survey area See attached maps map or hard copy of the map must be included) Survey Contact: (name, phone, e-mail) Debbie Karimoto, (949) 887-7041 (cell) (949) 830-1173 (fax & office) d e b k -a r I m o to 2 c ox �,.-iet Personnel Conducting Survey (if other than Same above):(name, phone, e- mail) Permit Reference: (ACOE Permit No., ACOE RGP #54 RWQCB Order or Cert. No.) Is this the first or second survey for this First project? Was Caulerpa Yes, Caulerpa was found at this site and Detected: (if Cauleipa is found, please has been contacted on date. immediately contact NOAA Fisheries or CDFG persomiel identified above) xxxx No, Caulerpa was not found at this site. Description of Permitted Work: Remove and replace existing boat dock with finger that is 6.25' x 58' (describe briefly the work and has a Tx 16' lobe and three 16" concrete pilings. Existing pier to be conducted at the site and gangway to remain. under the permits identified above) Description of Site: Depth range: 2-12' Tide varied between +4.48' and +4.11 at (describe the physical and time of survey. Substrate type: Soft, silty sediment & compact, silty sediment biological conditions within the survey area at the time Of the survey and provide insi-ht into variability, if l'alown. Please provide units for all numerical information). Temperature: 700 Salinity Normal bay range of 30-33 ppt Dominantflora. none Dominantfauna: Bryozoans Barnacles (Megabalanus calijbrnicus) Mussels (Mytilus calijbrianu.$) Stingrays Tunicates Exotic species encountered None (including an); other Caulerpa species). - Other site description notes.- None Description of Survey Survey date and time Effort: period: 19 September 2007, 3:30 pm -5:30 p.m. Horizontal visibility in (please describe the surveys conducted water: I foot Survey type and including type of survey (SCUBA, remote video, methods: Surveillance level SCUBA survey, etc.) and survey methods Diver swam transects throughout APE. Survey personnel: employed, date of work, and survey density Debbie Karimoto (949) 887-7041 (cell) Surve density: Y (estimated percentage of Z!, the bottom actually —20% of APE-, no Caulerpa present Survey limitations: viewed). Describe any limitations encountered Poor visibi I ity during the survey efforts. Other Information: (use this space to provide See map and site survey sketch any additional information or references to attached materials such —as maps, reports, etc.) Caulerpa. Survey Reporting Form (version 1.2, 10/31/04) Site Address: 1038 W. Bay Newport Beach CA 92661 Site Address: 1038 W. Bay Newport Beach CA 92661 Pink outline reflects survey perimeter. All area within that perimeter was surveyed. Site Address: 1038 W. Bay Newport Beach CA 92661 Worksheat for Building Combo Permit Application City of Newport Beach - Building Department 1, Me Nease print 3 copies F.-,B� I Id I ng Grading [—Drainage F- Elec f— Mech Plum 1. Project Address (Not mailing address) Floor Suite No 3 _8� . ... .. . . . . ...... ... .. . . .... . ... ........ .. . ........ . .. . ........ .. .. ..... # Units (if Residential) Tenant Name(if Applicable) 2. Description of Work ,� //1 -7 Ex�st House SF Demo House SF Add/Reconstruct House SF . . .... ... ........ Exist Gar SF Demo Garage SF New Add Alter r— Demo Check Appropriate Box for 3. Owner's Name Add/Reconstruct Garage SF TOTAL HOUSE SF F TOTAL GAIRZAGE SF First Last k)wner's Address Owner's E-mail Address . . ......... > city State C�, zip elephoneF77 Use Valuation $ # Stories 1__� Cu Yd Cut Cu Yd Fii]F—: F 4. ArchitectlDesigner's N;aMe Last First Lic. No, .... .... .. Architect/Designer's Address Arch itect/Des ig ner's E-mail Address City State Zip Telephone F7 5. Engineer's Name Last First Lic. No. F- A E:ngineer's Address Engineer's E-mail Address . city . ...... ... State zip Telephone 6. Contractor's Name '77 Last IFIr s Lic, No. F Ciasls! Contractor's Address Contractor's E-mail Address T//7 0 ity ... ...... .. .................. State 7 —7 7, 7 F- &()7 Zip elephone T OFFICE USE ONLY ENERGY P/C FEE $ t'PERMIT NO. GRADING P/C FEE $ PLAN CHECK NO. Rev 1118107 ELEC/MECH/PLUM P/C PLAN CHECK FEE $ TAI? GEf 2" DATE: Date Plan Check No. I ', Received by: __'141,4L, Public Works Pian Check ............................................................... 5200-5002 Performance Deposits (Refundable) ....................................... ......... 010-2201 Records Management Fee (Copies) ..................... ....... * ................. 010-2263 Other(Specify) ................................................. ....... TOTAL FEES V, For Plan Check status log on to: www.city.newport-beach.ca.us[buildingI select On -Line Services or call (949) 644-3255. Fee Receipt No. NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL. (Nfeercpt. 6/05) Received from Job Addres6 Building Plan Clieck ....................................................................... 2900-5002 Harbor Resource Plan Check (Building) .......... ............................ 2900-4627 ZoningPlan Check ..... ......................... ......................................... 2700-5003 GradingPlan Check ...................................................................... 2900-5004 FirePlan Check ............................................................... .............. 2330-5055 Electrical Plan Check ..................................................................... 2900-4612 $ Plumbing Plan Check .............................. __ ....... ........................... 2900-4616 Mechanical Plan Check ............................. .................................... 2900-4618 Harbor Resources Plan Check ............... !�7, '� ...... .......................... 2370-4654 Overtime Plan Check - Building .................................... ............... 2900-5023 Overtime Plan Check - Grading .................................................... 2900-5004 Overtime Plan Check - Planning ............. .......... ......................... 2700-5003 Preliminary Code Compliance Review .......................................... 2900-5002 $ Reinspection B E M P/Special inspection ..................................... 2900-5008 $_ Reinspection Fire ............................................................................ 2330-5050 $ Temporary Certificate of Occupancy ................................... ......... 2900-5008 Underground Utilities Waiver ....................................................... 010-2225 $ Energy Compliance .......... ............................................................ 2900-5017 Planning Department Fees ............................................................ 2700-5000 Sale of Maps & Publications (Planning) ........................................ 2700-5812 Determination of Unreasonable Hardship .................................... 2900-5018 Public Works Pian Check ............................................................... 5200-5002 Performance Deposits (Refundable) ....................................... ......... 010-2201 Records Management Fee (Copies) ..................... ....... * ................. 010-2263 Other(Specify) ................................................. ....... TOTAL FEES V, For Plan Check status log on to: www.city.newport-beach.ca.us[buildingI select On -Line Services or call (949) 644-3255. Fee Receipt No. NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL. (Nfeercpt. 6/05) CITY OF NEWPORT BEACH HARBOR COMMISSION STAFF REPORT Agenda Item No. January 9, 2008 TO: HARBOR COMMISSION FROM: Harbor Resources Division (City Manager's Office) Chris Miller, (949) 644-3043 cmiller(a-).city.newport-beach.ca.us SUBJECT: Appeal: 1038 W. Bay Dock Reconfiguration ISSUE: Should Mr. Degler at 1038 W. Bay Ave. be permitted to reconfigure his float without maintaining the required 5' setback from the side property line? RECOMMENDATION: If desired, the Harbor Commission may chose any of the following options: 1 Advise Harbor Resources to approve the proposed design without the required 5' setback; or 2. Advise Harbor Resources to approve the project with modifications to the design as determined by the Harbor Commission; or 2. Advise Harbor Resources to deny the proposed design. DISCUSSION: Mr. Degler at 1038 W. Bay Ave proposes to convert his U-shaped float to a single finger float and to install (3) new 16" pile on the float. (See attachment B) There will be no work on the existing gangway and pier which will remain as is. However, the applicant proposes to position the float within approximately 1' of the property line. Current Council Policy H-1 and the Harbor Design Criteria require that residential floats be positioned within 5' of the property line. "All piers and floats for residential properties shall be set back a minimum of five feet from the projection of the property line. " Mr. Degler is appealing Harbor Resources' decision to deny the current proposal based on the 5' setback requirement. History According to the 1972 drawing in the files (see attachment C), the U-shaped float, gangway and portions of the pier were positioned within 1' of the property line. In fact, the seawall was positioned 14' landward from the Bulkhead Line and the previous pier extended into this water Appeak 1038 W. Bay Dock Configuration January 9, 2008 Page 2 area. In 1972, this area was backfilled and the pier was shortened yet still remained 1'from the property line. Also, the files indicate that this pier was once a shared pier with 1034 W. Bay Ave as evidenced by a 1983 pier transfer request which required the signatures of both owners. However, the files do not have a drawing that shows the piers in a shared configuration. Although not necessary, the current owners of 1034 W. Bay have approved the proposed design and have signed the drawing. (See attachment B) Alternatives In order to position the float 5' setback from the property line, the gangway would also need to be relocated to the west by approximately 5'. The applicant does not believe this is a viable option because the existing easternmost pile under the pier is positioned such that it is also directly supporting the existing gangway. Relocating the gangway to the west will cause significant loads on the pier without the aid of a pile directly underneath. Relocating the pile or adding an additional pile for a relocated gangway will cause significant more labor, engineering work and cost to the project. Alternately, the applicant could take this opportunity to bring his pier and gangway into compliance in order to adhere to the 5' setback rule. Harbor Resources is not requiring this to be completed because the proposal is only focusing on the float. The gangway and pier are 'grandfathered' until the applicant chooses to reconfigure in the future. It should be noted that a new deck was installed on the pier and gangway in April 2007 with permits from Harbor Resources. Harbor Resources envisions a future possible scenario where the pier piles and gangway could be replaced under a simple maintenance permit. This would essentially complete the rebuild of the entire dock system without ever complying with the 5' setback rule. ENVIRONMENTAL REVIEW: The Harbor Commission's approval of this item is categorically exempt from CEQA under section 15302, Class 2, Replacement and Reconstruction. 'Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced..." Appeal: 1038 W. Bay Dock Configuration January 9, 2008 Page 3 PUBLIC NOTICE: This agenda item has been noticed according to the Ralph M Brown Act (72 hours in advance of the public meetings at which the Harbor Commission considers the item). It was posted at City Hall and on the City's website. Prepared by: Chris Miller Harbor Resources Supervisor ATTACHMENTS Attachment A: Vicinity Map Attachment B: Proposed Layout Attachment C: 1972 Configuration Attachment D: Site Photo ATTACHMENT A ATTACHMENT B Proposed Layout ATTACHMENT C 1972 Configuration ATTACHMENT D Site Photos V setback WORKSHEET FOR BUILDING I FIRE PERMIT APPLICAMOR RESOURCESDIV. CITY OF NEWPORT BEACH c BEACH PLEASE PRINT OR TYPE (9 BUILDING DEPARTMENT 414,2;�O-- 1. PROJECT ADDRESS (NOT MAILING ADDRESS) Azle LAST 3 - ST "912ve;-_ e LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT w I 2. DESCR & 's ,qTION OF WORK 0, USE I -It r&49-- 10 d4l r:*z J# # OF STORIES 4 P's" VALUATION $ NEW ADD 7 ALTER DEMO 7 SQ FT L -C -q- (NEW/ADDED/EXTG) Check Appropriate Box for Applicant F-] 3. OWNER'S NAME LAST 2, /�� ST "912ve;-_ e OWNER'S ADDRESS I A14- ;�>> w WNER'S E-MAIL ADDRESS - CITY STATE f ZIP P H;O NO. F] 4. ARCH ITECT/DESI GN ER'S NAME LAST FIRST LIC. NO. ARCH ITECT/DESIGN ER'S ADDRESS ARCH ITECT/DESIGNER'SL AILADEA�ESS CITY STATE ip PHONE NO. F] 5. ENGINEER'S NAME AST FIRST STATE LIC. NO. ENGINEER'S ENGINEER'S E-MAIL ADDRESS STATE ZIP, PHONE NO. F] 6. CONTRACTOR'S N r-4— -�/e BUSJINESS LIC. STATE I -IC. V67 1 71 lass C.ONTRACTOR'SADDRESs CONTRACTOR'S E-MAIL ADDRESS ITYCI STATE ZIP PH OW, - OFFICE USE ONLY TYPE OF CONSTRUCTION OCCUPANCY GROUP PERMIT NO. -77 PLAN CHECK NO. PLAN CHECK FEE $ PLAN CHECK ENG. . I - FormsUdg_application 6/;-)(/U4 UJI 676 P lei q,. o —10 ;41A-rc1kq t. (SRO LJAJ 0 Ty. 5-1,;p 4-0, 7T IL 2_-�4 A1_5- WIP 0 /7 7- 1— 65) e. AkwpMr P .40 -4 C' . 40 rr2 Oft AfAW lov .VICINITY SKETCH Ncvvpop rr 15Ar, rAu papt NIA grit 21W 1hqL,= axargr5s.-Val i- or~t sm"cl coiw7ayw Aof&1CFV7 197WAv- IeCPW W47V%V-. Af17X.-AW9111 mo t,, -(r /0 ~t- Na.-hav- /"Ms Ow v w&taAbWAsQd A;? M04 Sevy#A�v7 000 hi-JIVA146-70 RRY. A e'rh eelel- rnp it C4, /V, _Ie -w / "Ir Z, 4" d AI�5W,4o iZ7- set, Ralboa 4-0, eA (f 7- Ivi 4 -27 -*-7 3-5 h A" /V, _Ie -w / "Ir Z, 4" d AI�5W,4o iZ7- set, Ralboa 9 CITY OF NEWPORT BEACH HARBOR RESOURCES December 20, 2007 California Coastal Commission Attn: Karl Schwing 200 Oceangate, STE 1000 Long Beach, CA 90802-4416 Army Corps of Engineers Attn: DanSwenson 915 Wilshire Blvd. Los Angeles, CA 90017 Santa Ana Regional Water Quality Control Board Attn: Adam Fischer 3737 Main Street, STE 500 Riverside, CA 92501-3348 RE: Regional General Permit No. 54 — Dock Construction Application Submittals Enclosed is the recent monthly batch of dock construction applications for your approval, per the California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06, the Army Corps of Engineers Permit No. 54 (File No. 200501233 -DPS) and the Regional Water Quality Control Board General Certification Permit. All of these applications have been checked for accuracy and completeness as evidenced by the attached Dock Construction Application City Checklist. Thank you for your time in reviewing these applications. Please do not hesitate to call if you have any questions. Site addresses included 1210 W. Bay Ave.- Collins 1220 W. Bay Ave.- Collins 301 Morning Star Lane- Meer — 06 Harbor Island- Lyons ,1501 N. Bay Front- Benford /3908 Channel Pl- Christensen — new application Sincerely, Lisa Wafters Harbor Resources Technician (949) 644-3044 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) P44-3034 FX: (949) 723-0589 *Website: www.newport-beach.ca.us/HBR/ CITY OF NEWPORT BEACH ELAMOR RESOURCES January 15, 2008 California Coastal Commission Attn: Karl Schwing 200 Oceangate, STE 1000 Long Beach, CA 90802-4416 Army Corps of Engineers Attn: Dan Swenson 915 Wilshire Blvd. Los Angeles, CA 90017 Santa Ana Regional Water Quality Control Board Attn: Adam Fischer 3737 Main Street, STE 500 Riverside, CA 92501-3348 RE: Regional General Pen -nit No. 54 — Dock Construction Application Submittals Enclosed is the recent monthly batch of dock construction applications for your approval, per the California Coastal Cominission Permit 5-06-117 & Federal Consistency Certification CC -031-06, the Army Corps of Engineers Permit No. 54 (File No. 200501233 -DPS) and the Regional Water Quality Control Board General Certification Permit. All of these applications have been checked for accuracy and completeness as evidenced by the attached Dock Construction Application City Checklist. Thank you for your time in reviewing these applications. Please do not hesitate to call if you have any questions. Site addresses included 1038 W. Bay Ave.- Degler Sincerely, Lisa Wafters Harbor Resources Technician (949) 644-3044 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 *Website: www.newport-beach.ca.us/HBR/ 7 7, EMU P HARBOR PERAILIT --PLICATION TRANSFER Al 829 Harbor Islanct Drive % Newport Beach, CA 92660, :$, V., Z. IN 1 4'r 1% **Date of Applicaton: 8/3/05 Permit Number: "Property Address: 1038 W. BAY AVE., NEWPORT BEACH, CA 92661 SELLERS WOODSON K. WQOD5 & ALISON N,X0ODS Billing Addre": 651__17_3 OPEI0 ROAD KAMUELA, HI 96743 Telephone No.: 1'gog) frg_6 SELLER'S SIGNATURE *W, BUYER' S BUYER'S SIGNATURE ;: Joint Owner Signature: DEGLER & REBECCA DEGLER **Escrow Company: ESCROW CORPORATION "Address 1100 NEWPORT CENTER DRIVE, SUITE#200 NEWPORT BEACH., CA 92660 **Escrow Number: 29273 -BF **Fax (949) 721-8157 Closing Date (Estimate): W44015 *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. Inspection Date: Relln-spection Date: Fee Paid: Check No: Application Complete: Harbor Resources Signdturul0a(e Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. W. HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island ]Drive Newport Beach, CA 92660 8/3/05 **Date of Appi 1caton: Permit Number: "Property Address: 1038 W. BAY AVE., NEWPORT BEACH, CA 92661 WOODSON K. ILOODS & ALISON M. WOODS Billing AddresS: 691373 OPEIO ROAD KAMUELA, HI 96743 Telephone No.: SELLER'S SIGNATURE ; BUYER'S BUYER'S SIGNAi7URE ;. Joint Owner Signature: **Escrow Company: __x&ums ESCROW CORPORATION "Address 1100 NEWPORT CENTER DRIVE, SUITE#200 NEWPORT BEACH, **Escrow Number: 29273 -BF **Fax (949) 721-8157 Closing Date (Estimate): ioii9io.5 *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. Inspection Date: Reinspection Date: Fee Paid: Check No: Application Complete, Harbor Resources SignaturelOate Special Conditions: This PeMit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. CA 92660 Cl,ry Or NEWPORT BEAC14 HARBOR PER11,411, IT PERMISSION IS HERESY GRANTED TO COMSTRUCT R AND MAINTAIN THE FACILITY SHOW'N' ON Tfia 2,E--JER5t-: HE EOF, Is] N AT THE SITE ANDICATED, CT TZY 0 S THE HARBOR PEW,19T FOZUJC�-E-,; jC,�- ra 2FACH AN.. - ANY SPECF.AL CGIUD,12TICKS L, T".11"D Tilits, PERM,. IS NOT TRANSFERAF.;Ll'- %V; - I - - � THE CVTY HAIN6k,30R p � RIGHTS GWEN UN'DiUl l,"'.15 fllh'.?lli��INIT AR11- FIIZI:�,%"ISSEVZ ail�,� a 7 cou AND THIS PLEIINUT MAY E'n' Uy 7-", C-�' V IN ACC6119ANCE WiTH 'ilTLC 17 OF THr'-' rVjUNclpAr., c9l), VITY HARBOR COORDINA70R 7,2— PERMIT NO. DATE I CITY OF NEWPORT BEACH P,O� BOX 1768, NEWPORT BEACH, CA 92663-3884 PL August 3, 1983 Maureen Bi-vins Coldwell Banker Escrow 2161 San Joaquin Hills Road Newport Beach, CA 92660 Re: Your Escrow No. 3722 Dear Ms. Bivins: In regard to the pier transfer at 1033 West'Bay in Newport Beach, this is to inform you that the pier has not been transferred for two reasons: 1. The pier transfer fee is now $220. We have your check 24966 for $200. 2. It is necessary for the joint owner of the pier, to sign the transfer card. According to our records the joint owner is Arnold D. Feuerstein, owner of 1034 West Bay. I will enclose the transfer card and ask for Mr. Feuerstein's signature on the line above his typed name. As soon as the transfer card is returned 'to us with the completed signatures and the additional fee of $2Q we will transfer the pier permit immediately. Your5 truly TO ny�v� 1 u m Tidelands Administrator TM:db 3300 tNewport Boulev,ard, Newport Beach Clltblir- NOWPODE 7 B MAM"W"i PSftM8!",S;W-3 IS FHEE'KT71!�Y er"n '12.) TO ANt AT rm- Z2,,Z7-,7 THE ANY S'-� THE -I, I%n- Ti;1- A4 7" 7 P . ................. ...... ...... SEr pi-r-Al"'HED EET vs _71 CD W P August 9, 2005 Mariners Escrow Fax 949-721-8157 CITY OF NEWPORT BEACH 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3034/Fax 949-723-0589 Re: Pier Permit #116-1038 1038 W. Bay Ave. Newport Beach Escrow #29273 -BF Dear Sirs: The City of Newport Beach has inspected the above pier and found it to meet City standards. Once we receive the application signed by the seller and buyer the pier will be transferred. Thanks for your help and if you require further assistance in this matter, please call 644-3034. Sincerely, L- Aroese 01 Lorrie Arc Harbor ResoluDivision P HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 **Date of Applicaton: 8/3/05 Permit Number: "Property Address: 1038 W. BAY AVE., NEWPORT BEACH, CA 92661 '"Buyer's Names," WOOD90N K- WOODS fi ALISON M. -WOODS Billing Address: 65,373 OPEIO ROAD KAMUELA, HI 96743 Telephone No.: Buyers Signatures: "Seller's Names: BRUGE DEGLER & REBECCA DEGLER Seller's Signatures. ,Joint Owner Signature: **Escrow Company:--MAUUM ESCROW CORPORATION "Address 1100 NEWPORT CENTER DRIVE, SUITE#200 NEWPORT BEACH, **Escrow Number: 29273 -BF **Fax (949) 721-8157 Closing Date (Estimate): W4405 *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. Inspection Date: Reinspection Date: Check No: Application Complete: Harbor Resources SignaturelOate Fee Paid - Special Conditions: This PeM7it is re, vocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. CA 92660 INSPECTION FORM Harbor Resources Department Date: Inspection Requested By: Inspector: Don Duffy Pier Address: Pier Transfer Reinspection GFI Present Yes . eed None Needed Yes Need Anti -Siphon Backflow Present Other Co n 2 Eelgrass Yes No PresentE___E Pump Out Pier Location Yes No OperationalF____F Recommended Action Eiicroachmenet Address of Complaining Party Boat Description CIF Number Location on Dock Comments Observations Other Request "INO Cvlaekicc a+ cieOcafiv-, e? 0 ! I-V' q. I ;,AIA-rukq t GYRO 4cj.*j 0 �&�A'IJ U 6� — ( c; _� AV 0 0 cl, #4 1 4 y A. - OV .VICINITY SKETCH Navvpawr ISAY, CAupoPtNIA . aft I = &Wer,41L! 20 1�79 ofiv7oyv ,O;Z'P.- _W%,te',2wwta7Z. Afax.*;brmop L= A=775.e= .-OVVY& CW A'aw dw'o'cw-ox.'"Oow/y /0 Awt. Ma. -Ave 4V IN A�V tAWN V&'VAliW7 Ar ARWAVY-70 Aay. Al.-- klO 0 /7 7- 6A Y Amh_� 7 ljy..57/,;p N '-'7eerh ead Z in, e f-: J rl I ICA 'C7 .4-Z.4- 7 3s 3.5 0,5' 13vlhhead 11 . 4e /V jell "0" 615 lie Ole a " el rA Al�guJ,46 iZ7- fP- kg: 84 0 U) C - IIP60 /40 3 6 �v - aly Ale VIAA 1. Ralhva, PERMIT BUYERS' NAME(S) ADDRES FACILITY: Woods Oil I LEPRONE NO. FEE ECK NO. DATE MAILING ADDRESS ----------- APPLICATION IS HEREBY MAD E TO TRANSFER HARBOR FERMI[ APPROVED BY: E OCHD ----------- BUYERS' NAME(S) SELLERS' NAME(S) (ABOYE NAMES TO BE TYPED) ENG COUNCIL 9R �SIGNATURE Ur 0 PUBLIC WORKS ,DEPT. 01 SIGNATURL vr ESCROW INSPECTION SIGNATURE OF JOINT OWNER APPLICATION APPROVED, (DATE) n1tri HARBOR COGRDINATO IN ACCORDANCE VVI I rl L.E: 17 CONDITJONS: THIS PERMIT IS REVOCXBL BY THE CITY COUNC:IL P CIAL F"THE MUNICIPAL CODE. WX FORM 66-100 REV. ciTY OF NEWPORT BEACH, CALIF. CITY OF NEWPORT BEACH RO. BOX 1768, NEWPORT BEACH, CA 92658-8915 September 4, 1996 Mariners Escrow Corporation P.O. Box 8808 Newport Beach, Ca. 92658 RE: Harbor Permit 116-1038-1, for the property at 1038 West Bay, Newport Beach, California Sirs: Regarding a pier permit transfer for the property above, the structure was re -inspected on August 29, 1996, at which time it was determined that it conforms to City standards. The permit will be transferred To Woodson K. Woods. /S'ncere e d --e Harbor Inspector 3300 Newport Boulevard, Newport Beach -,N"Ipo CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 F0 August 25, 1996 Mariners Escrow Corporation P.O. Box 8808 Newport Beach, Ca. 92658 Re: Harbor Permit 116-1038-1, for the property at 1038 W. Day, Newport Beach, Ca. Sirs: The City of Newport Beach Marine Department has received a request to transfer pier permit 116-1038-1 for the property located at 1038 West Bay, Newport Beach, California. The facility was inspected by a representative of the Newport Beach Marine Division on August 19, 1996. We cannot transfer the pier permit until the following deficiency has/have been corrected and WE HAVE BEEN NOTIFIED OF TEE CORRECTION: 1. All electrical receptacles on the pier and dock must be GFI or twist lock. The outlets must have covers. The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." PLEASE ADVISE THIS DEPARTMENT WHEN THE A13OVE DEFICIENCIES HAVE BEEN CORRECTED. Please -call 644-3044 to request a re -inspection. Sincere� Wes ::V e,,Harbor Inspector 3300 Newport Boulevard, Newport Beach 0 4 /1/ - / rr r (41 PO ILI, ro CITY OF NEWPORT BEACH August 25, 1996 Mariners Escrow P.O. Box 8808 Newport Beach, PO. BOX 1768, NEWPORT BEACH, CA 92658-8915 Corporation Ca. 92658 Re: Harbor Permit 116-1038-1, for the property at 1038 W. Bay, Newport Beach, Ca. Sirs: The City of Newport Beach Marine Department has received a request to transfer pier permit 116-1038-1 for the property located at 1038 West Bay, Newport Beach, California. The facility was.inspected by a representative of the Newport Beach Marine Division on August 19, 1996. We cannot transfer the pier permit until the following deficiency has/have been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: 1. All electrical receptacles on the pier and dock must be GFI or twist lock. The outlets must have covers. The Newport Beach City Council Harbor Permit Policies state: 10.D. ,At the time of transfer, all harbor structures shall be inspected for c?mpliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." PLEASE ADVISE THIS DEPARTTv= WHEN THE ABOVE DEFICIENCIES HAVE BEEN CORRECTED. Please.call 644-3044 to request a re -inspection. Sincere Wes :11 e,,Harbor Inspector 3300 Newport Boulevard, Newport Beach ''S SMEET -,STAW HARBOR PEIVITS Tawf"E"It 4 �"PCA Or I PWWst for -lospection Es"CrIow Co. m �r 'In IMP" 'E's row Of 0i'ver :Ese.r,,ow # Seller c's v Date AW011catim, ft g /m k"r. bato fee Mc V,: 1. tion: 2. PlLonbing: 3. Electrical: 4. Structural: REMARKS: 4C Inspector's Initials Or I PWWst for -lospection Es"CrIow Co. m �r 'In IMP" 'E's row Of 0i'ver :Ese.r,,ow # Imm U" 140 so (if Date Deft-dwency, -,L,.,ett—L,,r. A a "p, Date ft L�ieft, Cormeted (i f appl, f eabito Da"te awl cot 7i ME m, Date Trans fer, 1. tion: 2. PlLonbing: 3. Electrical: 4. Structural: REMARKS: 4C Inspector's Initials 4 - BUYERS' NAME(S) APPROVED BY: OCHD EP (ABOVE NAMES TO BE TYPED) BUYERS' NAME( S) ADDRESS 0 ALITY: PERMIT # Woo k*oo A",ft MAILft'4*I5D~-'%U TELEPHONE NO. E DATE APPROVED BY: DATE APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT OCHD Storm o" creen ENG � A�- ELLERS-N S AMA) BhOb NAN "S - (ABOVE N AMES TO BE TYPED) ,COUNCIL �PUBLIC WORKS �,�,,SlqNATURE OF SELLER LGNATUREOF BUYER iOEPT. 51SCROW E �JGNAT YER 9F�S �INSPECTI ON v2, S GNXTURJ; F J , 00. OWNEIt z6 17 7-1 I N, I.CAT 6 AP E] SPECIAL CONDITIONS: THIS PERMIT 15 REVOCABLE BY THE CITY COUNCIL IN ACC ORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. CITY OF NEWPORT BEACH, CALIF. WX FORM 49.1013 REV. STATUS SHEET HARKR PERM17 TRANSFER 0// (,-, - /a :5� ? LOCATION PERMIT NO.— S e 11 e r ff4d32/ Buyer C.1te Application Received: Date Fee Receive - - Request for Inspection made by: Escrow Coo Date Escrow Off ice. Escrow No.ff�kE—Z:Z� Addres J�� ,I,. &;�!;�P—Phnne: e�—;V0=LJ2v Date Inspection made:--,�—Zg-Lq� Deficienc,Y Letter sent: Defi.ciency corrected: Transfer c-or,;Ieted: Date Inspection: 1. Location 2. Plumbing: 3. El ectri 4. structural 5.OTHER: BUYERS' NAME(S)� ,MAILING ADDRESS APPROVED BY: DATE OCHD t, ENG COUNCIL CODE ORDER NO. ------------ DETACH AND RETAIN THIS STATEMENT .,MARINERS ESCROW CORPORATION T, rACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW. EAST MEZZANINE -FOUR CORPORATE PLAZA IF NO, CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED. NEWPORT BEACH, CALIFORNIA 92660 DATE I DESCRIPTION I AMOUNT 02/08/89 5329JP Reference: 1038 West Bay Avenue Newport Beach, Ca 9266EfCROW NO. Funds due you Pier Transfer $**260.00** January 4, 1989 Mr Tony Melum Tidelands Administrator City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 RE: 1038 Wes Pier PerWtl"0�116-�10�8�� Dear Mr Melum: I am writing to you on behalf of my clients, Mr & Mrs Michael Blower, who are purchasing the above mentioned property on February 6, 1989. They are in receipt of your letter, (copy . attached) , dated November 15, 1988, through Mariners Escrow concerning the deficiencies of the existing dock. Mr & Mrs Blower will be constructing a new dock and have contacted Trautwein Brothers, Newport Beach as their contractors. If you have any questions with regard to this notifi- cation of dock repair please give me a call. Sincerely,, ary DiT lio cc: Mr/Mrs Michael Blower Mariners Escrow Corporation RF/MW @ REALTORS @ of newport beach 3 corporate plaza, suite 101 newport beach, california 92660 office: (714) 760-5000 PO CITY OFNEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 November 15, 1988 Mariners Escrow 4 Corporate Plaza Newport Beach, CA 92660 Dear Sirs: The City of Newport Beach Marine Department has received a request to transfer pier permit #0116-1038 for the property located at 1038 West Bay, Newport Beach, CA. We cannot transfer the pier permit until the folowing deficiency(ies) has/have been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: 1. A City approved anti -syphon device is required at the water connection to the pier and float. 2. Electriciy should be run to the b/ottom of the ramp and connected to a junction box. 3. The pier structure is in serious disrepair and is unsafe. The City Harbor Permit Policies state: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requiremenmts, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." A permit for plumbing or electrical work must be obtained from the Building Department of the City. PLEASE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE BEEN CORRECTED. When we have been notified#, the -'structure will again be inspected and when the requirements have been met the pier permit will be transferred. You can telephone 714-644-3044 to request a reinspection of the structure. If you have questions, please call this n,umber. , Sincerely, 4;vmlty 1611114,��A,,�,-",;-, Tony,:-J44J_um.-,Tia6'iands Administrator 3300 Newport Boulevard, Newport Beach Request for Inspection made by: Escrow Co. T Escrow Office.r Escrow No. Address Phnne: Date Inspection made: Deficiency Letter sent:___ Deficiency corrected: Transfer completed:— Date Inspection: 1. Location 2. Plumbing:_ M SHOftPING CENTER DEVELOPERS ARNOLD CONSTRUCTION CO. 2293 W. SALL RD., ANAHEIM, CALIF. 92804 ARNOLD D. FELIERSTEIN (714) 774-9350 BUYERS NAME(S) ADDRESS OF FACIYTY: MAILING ADDRESS TELEPHO E N FEE cHm" DATE p0APPROVED B . Y: DATE!, APPLICATION IS.�H'EREBY MAD E TO'TRANSFEP HARBOR,, P ERMJIT, OCHD� S BUYVAS! INAME(S) ELLERS' NAME(S)'� E. TY1 �A 9VE �KA 4 -ED) AS DETACH AND RETAIN THIS STATEMENT COLDWELL BANKER ESCROW THE ATTACHED HECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW. 11 NOT CORRECT PLEASE, NOTIFY US PROMPTLY. NO RECEIPT DESIRED. NO 24966 NEWPORT BEACHP CA DELUXE FORM WVO-4 V-7 5-3722 7/19/83 Transfer fee for pier and slip for 1038 West Bay, Newport Beach 200.00 SIMPSON to GRISET New Owner: James R. Griset 1038 West Bay, Newport Beach 92663 � xv� 0 2161 SAN JOAQUIN HILLS NEWPORT BEACH, CALIFORNIA 92660 (714) 644-9060 ESCROW SERVICES J=6 21,1 198'3. City of Newport,Beach Marine Department 3300 Newport Blvd. P. 0. Box 1768 Newport Beach, California :92663 Attn: Tony Re: Our Escrow No.13:722 1038 West Bay, Newport Beach Owner: Margaret H.' Simpson Gentlemen: An inspection report was ordered from your office by us on May 5, 1983, on the above captioned property. To date, we have not received your report. Our escrow closing date is very near so thisAs vital to our closing. Should you have any que stion.in this regard, please call.or otherwise forward the report as soon as possible. Thank you in advance for your cooperation. Very truly yours, Maureen Bivins Escrow Manager 4" 7, �AEACXI A A C I Y",�� --- ----- V Z AYI,4el-) L�� P4),k4f- 4, 55 I �z4' X417. -W Fi��- RES rV �0 71� 7:; y V L ff lYG!'A VI"CIMITY SkETCH NEWPOrW DAY/ CAI IFORNIA 061,*7dlAq?5 CPO' C-Ap.-C s 5 4o Zow M2p4er, A/o"..bo' sec- /4"rp AOL e 7 7 14 �47 40� i4p! W, � F-; kA -71' 4.0 77- 4 P.,