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HomeMy WebLinkAbout132-0427-0433-1 & 2CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 FAX April 30, 2008 Mariners Escrow Fax: 949.721.8157 Re: HARBOR PERMIT TRANSFER Pier Permit # 132-427 Escrow# 33192-BF 433 Harbor Island Dr. The Harbor Resources division has received the completed & signed application and fee for the pier permit transfer. The pier inspection performed by our office has determined that it meets City standards. The permit will be transferred into the buyer's name. Thank you for your help. For further assistance in this matter, please contact me at 949.644.3044. Sincerely, CISa Waters Harbor Resources Division CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 January 30, 2008 Mariners Escrow Corp. Fax# 949-721-8157 Re: Pier Permit # 132-427 433 Harbor Island Dr. Escrow # 33192-BF Dear Mariners Escrow, 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 buyer and seller the pier will be transferred. Thanks for your help and if you require further assistance in this matter please call. Sincerely, Lisa Walters Harbor Resources Division Feb 19 08 01:00P Gemstone Vineyard 707 Hob U"L:75 N•1 HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 `* Date of Application: January 28, 2008 Permit Number: «z - *` Property Address: 433 Harbor Island Drive, Newport Beach, CA 92660 '* Buyer's Names: Paul L. Frank And Susan J. Frank, Trustees of The Frank Family Trust dated Billing Address: Telephone No.: ** Buyer's Signatures: Setter's Names: The — Seller's Signatures: Joint Owner Signature: Escrow Company: Mariners Escrow corporation *• Address: 1100 Newport Center Drive Suite 200 Newport Beach CA 82660 _ * Escrow Number. 33235-BF `- Fax Number: 949 721-8157 Escrow Officer. Brian Foxcrotit Phone Number. 949-640.6040 Closing Date (Estimated): February 28, 2098 *STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. T Inspection Date: -1 DES TReinspectionDate: 1 b� Fee Paid: Application Completed: ._ Check No.: Special Conditions: This permit is revocable by the City Councli in accordance with Title 17 ornewport Beach Municipal Code Eel i HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 ** Date of Application: January 28, 2008 Permit Number: ** Property Address: 433 Harbor Island Drive, Newport Beach, CA 92660 ** Buyer's Names: Billing Address: Telephone No.: ** Buyer's Signatures: ** Seller's Names ** Seller's Signatures: Joint Owner Signature: Paul L. Frank and Susan J. Frank, Trustees of The Frank Family Trust dated AuEust 17, 1994 The Warren Person Living Trust Dated ** Escrow Company: Mariners Escrow Corporation 1997 ** Address: 1100 Newport Center Drive, Suite 200 Newport Beach, CA. 92660 ** Escrow Number: 33285-BF ** Fax Number: 949-721-8157 Escrow Officer: Brian Foxcroft Phone Number: 949-640-6040 Closing Date (Estimated): February 28, 2008 "STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. Inspection Date: Fee Paid: Application Completed: Reinspection Date: Check No.: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code MARINERS ESCROW 1100 NEWPORT CENTER DR. SUITE 200 / NEWPORT BEACH / CA / 92660 / USA T 949.640.6040 1 F 949.721.8157 WWW..MAIUNERSESCROW.COM April 22, 2008 City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 ATTN: LISA / HARBOR PERMIT TRANSFERS RE: Escrow Number: 33285-BF Property Address: 433 Harbor Island Drive, Newport Beach, CA 92660 In connection with the above referenced escrow, we enclosed the following: (2) Harbor Permit Transfer Applications Please do not hesitate to call should you have any questions. Mariners Escrow Corporation \jj C"' Brian Foxcroft Escrow Officer WC HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 ** Date of Application: December 10, 2007 IJ� Permit Number: 15R-Lfa7 ** Property Address: 433 Harbor Island Drive, Newport Beach, CA 92660 ** Buyer's Names: Albert L. Grasso Billing Address: Telephone No.: ** Buyer's Signatures: ** Seller's Names: Warren H. Person, Trustee of the Warren Person Living Trust dated April 30, 1997 ** Seller's Signatures: Joint Owner Signature: ** Escrow Company: Mariners Escrow Corporation 7) 4) LP �� �.a ** Address: 1100 Newport Center Drive, Suite 200, Newport Beach, CA. 92660 ** Escrow Number: 33192-BF ** Fax Number: 949-721-8157 Escrow Officer: Brian Foxcroft Phone Number: 949-640-6040 Closing Date (Estimated): January 1,5, 2008 "STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. Inspection Date: iob� Reinspection Date: Oqkg- l Gg Fee Paid: A Check No.: 4T11aa(p Application Completed: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code January 4, 2008 Mariners Escrow Corp Fax# 949-721-8157 Re: Pier Permit #132-427 433 Harbor Island Dr. Escrow # 33192-BF Dear Mariners Escrow, CITY OF NEWPORT BEACH 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 7AXED n"ice The above dock was inspected by The Harbor Resources Division of the City of Newport Beach at the property mentioned above. We cannot transfer the pier permit until the following deficiencies have been corrected and the property has been re -inspected: 1. It needs a new testable Backflow Prevention Device installed (please see diagram). 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 call 949-644-3044 to request a reinspection. Once the property has passed reinspection and we have the signed application, the pier will be transferred. Sincerely, .L'iaa `Ulaetww Lisa Walters Harbor Resources Division INSPECTION FORM Harbor Resources Department Date: '7 ( L Inspection Requested By: 15 C�_ Inspector: Pier Address: Pier Transfer GFI Present Anti -Siphon / Backflow Present Other Comments Eelgrass Date Time Pump Out Pier Location Don Duffy 4 (i ar,(O r--- Reinspection Yes eed ---None —None Needed° Yes Need ❑ Eelgrass Within 15' of Project Eelgrass Within 15' - 30' of Project r 1 r3 o No Eelgrass in Project Area Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request Map Output Page 1 of 1 http://www6.city.newport-beach.ca.uslservleticoin.esri.esrimap.Esrimap?ServiceName=n... 01 /08/2008 01/25/2008 12:15 FAX 3435156263 WARREN PERSON 16001/003 PER cww* Am' 1 4 p a* WARREN PERSON 2672 CRESTVIEW DRIVE NEWPORT BEACH CA 92663 PHONE# 949 675-4710 FA%# 949 515-6263 EMAIL WPERSON a.PAC ELL.NE_T FACSIMILE TRANSMITTAL SHEET DATE; TTMF.: ATTENTION: COMPANY' 14s we- FAX NUMBEIL . TOTAL NO. OF PAGES INCLUDING CO R: rj{ ?-x3 - o Ve-q1 3 FROM: rn � YOUR RF.FnRr•.Ncri NUMBt.R 21 eeTV-Q.41 Srke / B AAO/Vt-�'j belih LL ❑ URGENT 0 FUR REVIEW ❑ PLEASE COMMLNT 51PLFASF RF.PLY ❑ PLL:ASI: RECYCLR NOTES/COMMENTS: L, S� �- baa-� d evi L � Pro � �.� sr.Q,.��SC� � n �•.s t n Sv ��i rn•-- � '1� 01/25/2008 12:15 FAX 949515GM WARREN PERSON 1a0021003 1-26-2008 1O:24AM FROM BROTHERS PLUMBING 949 S46 41SS P.1 . �B�R#: .. TEST Dpffi•DA,'�; , MANUFAJ C' OpEAT _2,,f(PMD 47t T PSG �-- Ted FAIL CLUMM 01F NaarMACH p.aeooc�ss . �cna�ra+ee pD AT "33D c eS f�� $ SEP-27-2005 13:4e FROM:SWIFTSLIPDOCK.COM (949) 631-3122 03/i3/2003 18:43 FAX 8498754838 WARREN PERSON - _ EQ: 4B FROM: SIIFTSLYPDDCK. CQM (949) &M -31,a CITY OF NEWPT BEACH i cirf or NMI 1m 1 pkIfi.tC oN i 3 b TO:161976723e4 P.5 Z 002/002 T0:6764936 P.1 --1 A N r M co r. G _ �9 rrnn c 1 v c fio � Wm -ti ' V l.0 I N 1� TT MAP AFglt I LE 1' 2 40' � V-VAnOW IMM ON WN pow wRrp�. SC©Pe of work: Remove egbtingfloat California Coastal Commission lusnow float ®Vitb 2 1Z�aY at �33 address South Coast District Office " PJP9 Pilo and new 3' x 24' gangway evilltppR0 VD o - 12 cone � = 4 � �Y lobe wlsh l rate rapport pUe. Red04 joint jWt r,To. 'D_rS s7r_P-------- Hke for Hke and bnatall ewe 3' r 24' 9an9W*Y 4t 427 addreu. By: ,[,, Lmn Awca 427 ka rbor Island Dr epprove of ll�$'tECTIVE dock dealan. Date Date: ,RBOR RESOURCES DIV. rY OF NEW -PORT PEACH hf 1S M (& 9 26IGs VQ )Iaka' f Dl I `- wte/3�xZ�'G Et is 91X y' 6AMW*"I Hir • r ,vrw I.� Zoo y jFk1GW'9 me AM-P L'a1V f vVb'A ' Jov Ru ' 1433 /0i� f,X W11A PLAN I dlf V = 40 "s W a 9 -Z1.. �zc, STATE OF CALIFORNIA —THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT PO Box 1450 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 (562) 5905071 www.coastal.ca.gov Date: November 28, 2005 Permit No. 5-05-285 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on October 31, 2005 and was reported to the Commission on Thursday, November 17, 2005 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely, PETER M. DOUGLAS Executive D' ector By: LAURfLZOWENS Coastal Program Analyst dt CALIFORNIA COASTAL COMMISSION n STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application NO. 5-O5-285 200 Oceangate, Suite 1000 -w Long Beach, CA 90802-4302 Date: October 27, 2005 (562) 590-5071 Page 1 of 6 Fri 3a ADMINISTRATIVE PERMIT APPLICANTS: Warren Person PROJECT DESCRIPTION: Remove and replace existing floating dock, gangway and two pilings and replace with wedge-shaped floating dock (40' x 28' x 20'), 3' x 24' gangway, 4' x 4' gangway landing with one 12' concrete support pile and installation of two 12" pipe piles with non -toxic coating and re -decking existing pier with Douglas Fir. PROJECT LOCATION: 433 Harbor Island Drive, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Friday, November 18, 2005 9:00 a.m. Westin LAX 5400 West Century Boulevard Los Angeles, CA (310) 216-5858 IMPORTANT - Before you may proceed with development, the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. PETER DOUGLAS Executive Director By: Laurinda R. Owens Title: Coastal Program Analyst 5-05-285-[Person] Administrative Permit Page 2 of 6 STANDARD CONDITIONS: Notice of Recent and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages four to six. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Proiect Description The subject site is located at 433 Harbor Island Drive in the City of Newport Beach (Exhibits #1-2). Single-family residences characterize the subject site and the surrounding area. The proposed project (Exhibit #3) involves the removal and replacement of an existing floating dock, gangway and two pilings and replacement with wedge-shaped floating dock (40' x 28' x 20'), 3' x 24' gangway, 4' x 4' gangway landing with one 12" concrete support pile and installation of two 12" pipe piles. A non- toxic coating (e.g. NSP 120) is proposed to be used for the two new pipe piles. Also proposed is the re -decking of the existing pier with Douglas Fir. 5-05-285-[Person] Administrative Permit Page 3 of 6 The dock project will be used for boating related purposes to serve a single-family residential development. The site has been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 feet of the project area. In addition, Special Condition 3 requires a Caulerpa taxilfolia survey not more than 90 days prior to commencement of construction. The surveys are valid for a limited period of time (until the next growing season for eelgrass and 90 days for Caulerpa taxilfolia). If construction does not occur within the respective time periods, subsequent surveys will be required. Special Conditions 2 and 3 identify the procedures necessary to be completed prior to beginning construction in the case the surveys expire prior to commencement of construction. In addition, Special Conditions 2 and 3 identify post -construction eelgrass and Caulerpa taxifolia procedures. Public access is available along an existing walkway/bikeway/accessway all along Bayside Drive immediately adjacent to the project site. The proposed project has received an approval in concept from the City of Newport Beach Harbor Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicants have applied for a permit from the U.S. Army Corps of Engineers. B. Marine Resources The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. C. Water Qualit The proposed work will be occurring on, within and adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Executive Director imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Executive Director requires the continued use and maintenance of post construction BMPs. As conditioned, the Executive Director finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. Local Coastal Program The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on January 9, 1990. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the City of Newport Beach to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. California Environmental Quality Act (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the 5-05-285-[Person] Administrative Permit Page 4 of 6 environment. Therefore, the Executive Director finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and is consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITIONS: 1. Water Quality A. Construction Responsibilities and Debris Removal (1) No construction materials, equipment, debris, or waste will be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion. (2) Any and all construction material will be removed from the site within 10 days of completion of construction. (3) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (4) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (5) Floating 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. (6) Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. B. Best Management Practices Program By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (1) Boat Cleaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. b. In -the -water hull scraping or any process that occurs underwater that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate - free and biodegradable shall be used, and the amounts used minimized. c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. 5-05-285-[Person] Administrative Permit Page 5 of 6 (2) _Solid and Liquid Waste Management Measures: a. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. (3) Petroleum Control Management Measures: Oil absorbent materials shall be examined at least once a year and replaced as necessary. The applicant will recycle the materials, if possible, or dispose of them in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. Boaters will use preventive engine maintenance, oil absorbents, bilge pump -out services, or steam cleaning services as much as possible to clean oily bilge areas. Bilges shall be cleaned and maintained. Detergents will not be used for cleaning. The use of soaps that can be discharged by bilge pumps is prohibited. 2. Eelgrass Survev A. 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 and Game. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area, which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the 'Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on -site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall 5-05-285-[Person] Administrative Permit Page 6 of 6 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 Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project"), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with 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 applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043). D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all C. taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicants' Signature Date of Signing MAAdmin. Permits\2005\2005-1 1 \5-05-285 (Person) Administrative Permit LO.doc u0169� Jsaa-) otr CRAIEM 0i ..t - .[��,� / '• 1. " •�� art :c� t � f('LiJ.- -.� � _i COASTAL COMMISSION EXHIBIT # PAGEOF 1-- -\ `\ ilia � y.• .�y33d � � i� S7 �3�.�� o`O PU PAS + EE S � .-'4� ; N �o •.a � .�rS MAP r KES ` (}C \..r r ♦ L � � '\ \ • SES HAP t O i,y7ESyS7® �� . UP a y rME tin p ® /y rtt J \ •� v �� O 0 O �1 4 SEE 6.10 8 \ ® SEC! •I6.10CD ` O Cv � r • � N A �,• a •` A s. W •l, •r f, .�� I � S A u T q V 4 V •� ® FA4 a Z Z Z i en �1 o ' .., • ' � O .. O 1 \ w � •r �.,. d .gym ♦ N ttoe / I I^ y I OTC .. u' ny ....r H •. � � `yam \ A'H('40 J S .l� O C • ; - -_ — �� O b a 23 41 COASTAL COMMISSION 03AI3:)311 EXHIBIT #�L PAGE i OF I OCT'-c7-2005 13:43 FROM:SWIFTSLIPDOCK.COM (949) 631-3122 TO:15625905084 P.2 08/23/2005 19:43 FAX 9496754938 WARREN PERSON 0 002/002 i :ER-0-81W 96:48 FRom:8WIFTSLIPDO(,1C. COM C949) 631-322 M 6754M PA • Vf CITY.OF NEWpONT SERCHCITY o N All"I Lai ' Q) qJ c fr y Fyl_ zZ c r PwF I LI V = 40' J aarS M o. RAI�1 �. MY i8t 1myAOE NIN QUe ww 4'01671. um W=l Apo of Work: Ranova =1165 float & Puffwoy at 433 address Instep MOW tbat wbb 2 —13" PIPS pile and um 3' s 74' .paWay with 41: 4' pWay lobs *th 3•-12"coner g sUpport pill. Reduk Joint pier Mks for Hke and 6utsdl 39 Y 24' gangway at 427 address. IlK 427 Harbor Island Dr approve of this dock desipi. DataL—*/ V— HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH ,NCW 3'914'0 /ri �'� al 0wo GX ,rsr✓ y'XM' .Wrw 't" Ale COASTAL COMMISSION EXHIBIT # 3 PAGE PLAN [IN 1' m 40' �m,s wit AURR m m' . q339WKVs W.an -Z! m q5 08/23/2005 18:43 FAX 9496754S3.6 WARREN PERSON 1J002/002 218:4e FROM.- SWIFTSUPDOCK. COM t949) 631-322 TO: 6754936 P.1 C I TY oFUri I C�fYr� a r NNW moo ''r— w � r � z n-ii co �� 2 M ear z ri W it !! mr I LE 1 ` = 40' OLWOM i. 90fMItVG9 fiFiE ELMIONS ° Mar ER ow w rE SCape of Work: Remove exbtiwg float 8t gangR'ay at 433 address mm dal! new 'lost with 2 —12" Pif+e Pilo and new 3' x 24' a 4'x 4' gan9way.lobe with 1 " 'aY with 1Z concrete support pile. Radeck joint pier like for Like and iaat�ll e^w 3' x 24' gangway at 427 address. I of 427 Harbor Island Dr $ dock design. bate PProve of this H OBOR RESOURCES DIV. C OF NEWPORT BEACH, /4#yw 3'044'4;Tel t dS t x PLAN t I* 1' = 40' rar'S M eeN � .. JOB ' 14 �� as _Z1-as HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions July 25, 2005 Property Address: 433 Harbor Island Dr., Newport Beach, CA 92660 With reference to the plans currently under consideration to reconfigure or modify the dock system, the following conditions will now be in effect on the above referenced pier. 1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Beach Municipal Code. The pier permittee understands that the above referenced pier is under the purview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. Your side property lines extend in the water along their same bearing. The northernmost property line extends exactly parallel to the southernmost property line. 6. A vessel may not encroach upon your neighbor's property on either side. 7. A vessel may not extend beyond the end of the finger by more than the width of its beam. Signature: Chris Miller, kvi� "A (2 /y/o< r Resources Supervisor ate Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date ut�-l-�bb3 1�:45 July 25, 2005 FROM:SWIFTSLIPDOCK.COM (949) 631-3122 TO:6754936 L1:r COD< HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions Property Address: 433 Harbor island Dr., Newport Beach, CA 92660 With reference. to the plans currently under consideration to reconfigure or modify the dock system, the following conditions will now be in effect on the above referenced pier. P.2 1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Beach Municipal Code. The pier permittee understands that the above referenced pier is under the purview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants -etc ... are not permitted. 5. Your side property lines extend in the water along their same bearing. The northernmost property line extends exactly parallel to the southernmost property line. 6. A vessel may not encroach upon your neighbor's property on either side.. 7. A vessel may not extend beyond the end of the finger by more than the width of its beam. er Applicant Signature (if applicable) Print Name D-C-9.3-2005 13:51' FF M:SWIFTSLIPDOCK.COM C949) 631-3122 TO:7230589 0.5 alliornia Regional Water Quality Control Board g tY Santa Ana Region 3737 Main Street, Suite 500, Riverside, California 92501-3348 Men C. 41ayd, Ph.iD. Arnold',Schwatzenegger Agene), Seeroary Phone (951) 782-4130 - FAX (951) 781-6288 - TrY (951) 782-3221 Governor http:/nvww.vvalerboards.ca.gov/santaana t 3, 2005 Beth S . "ft SWISli Dock and Pier Builders Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 REIr(tiOVE EXISTING FINGER AND REPLACE WITH 6' X 45' FINGER, REPLACE EXIfiTING 3' X 24' GANGWAY AND TWO PILINGS - WARREN PERSON BOAT DOCK, 433 HARBOR ISLAND DRIVE, NEWPORT BEACH, ORANGE COUNTY Dear Nis. 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 Jawed Shami at (909) 782-3288. Sincerely, �* 1 �'Ya e4 ilomeno (Jun) T. Martirez Jr., P. . Chief, Permitting Section cc: California Coastal Commission, Long Beach Army Corps .of Engineers — Erik Larsen County of Orange, County Property Permits Division — Patricia Bigger JI$fblutagl411et California Environmental Protection Agency %5 Recycled Paper DK-13-2005 13 8 FROM:SWIFTSLIPDOCK.COM C949) 631-3122 TO:7230589 P.4 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.0 80X 532711 LOS ANGELES, CALIFORNIA W053-2325 REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch Mr, Warren Person c/o, Swift Slip Dock & Pier Builders Attention: Peter C. Swift 2027 Placentia Avenue Costa Mesa, California 92627-3405 Dear Mr. Person: December 7, 2005 Reference is made to your request of October 14, 2005 (File No. 200501829-DPS). 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 conduct the following activities at 433 Harbor Island Drive: Remove existing 8 ft x 42 ft (336 fe) finger dock and ,two pipe piles and replace with new wedge-shaped floating dock (40 ft x 28 ft x 20 ft, approx. 260 fe), including two new 12 inch pipe piles; remove existing. 3 ft x 24 ft gangway, replace like -for -like; and construct new 4 ft x 4 ft gangway landing/lobe with one new 12 in pile .(16 fe). In addition, you are hereby authorized to conduct the following activities at 427 Harbor island Drive: Remove existing 3 ft x 24 ft gangway, replace like -for -like (no change to existing 8 ft x 42 ft finger dock). These activities would take place in Newport Bay in the city of Newport Beach, Orange County, California, as shown on the enclosed drawings. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (A pre -addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Furthermore, you are hereby advised that the Corps of Engineers has established an Administrative Appeal Process which is fully described in 33 CFR Part 331. The complete appeal process is diagrammed in the enclosed Appendix B. �W -0 1 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 float and gangway at 433 address. Install new float with 2 12" pipe pile and new 3' x 24' gangway with 4' x 4' gangway lobe with 1 12" concrete support pile. Redeck joint pier like for like and install new 3' x 24'gangway at 427 address. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Pro ertAddress: 433 & 427 Harbor Island Dr, Newport Beach, CA 92660 Legal Description: Harbor Permit Number: 132-427 Plan Check Number: 1780-2005 pp scan : Warren Person Applicant's Mailing Address: 433 Harbor Island Dr., Newport Beach, CA 92660 Phone Number: 949 631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. And find Page 1 of 2 'They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in conceot and said anoroval has been written upon said plans. sianed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: XHas been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to reiection in principal by Newport Beach unless a substantial chancre is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached conditions to the pier permit. Tom Rossmiller, Manager, Harbor Resources re: / iJI/lr1'd� Chris Miller, Harbor Resources Supervisor September 26, 2005 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 INSPECTION FORM Harbor Resources Department Date: �-2 /Z Inspection Requested By: Gtl P401c,oni C0 ) V1 5 Inspector: Don Duffy Pier Address: I/L3 HA/6o !SIQhd Dy. Pier Transfer Reinspection GFI Present Yes Need None Needed Yes Need Anti -Siphon / Backflow Present Yes No Pump Out Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request JOB RDI SS ATE Miller, Chris From: Miller, Chris Sent: Thursday, September 08, 2005 8:15 AM To: warrenperson@personford.com Cc: Brady Helm Subject: FW: withdraw Appeal Warren, Please see the appeal withdraw below. I'll put this in the file to close the loop. Chris -----Original Message ----- From: MARTIN LITKE [mailto:martlit@earthlink.net] Sent: Wednesday, September 07, 2005 8:46 PM To: Miller, Chris Subject: withdraw Appeal We wish to withdraw our appeal before the Harbor Commission concerning the new dock configuration proposed by Warren Person at 433 Harbor Island Dr. Mildred and Martin Litke 427 Harbor Island Dr. Newport Beach, CA 92660 martlit@earthlink.net 1 Harbor Commission: Sept.16, 2005 Reso,".ce> CC_0� We are appealing the Harbor Cor. , ssion's decision to permit a dock change at 433 Harbor Island Drive. When the Irvine Company first proposed building our homes in 1957, their master plan called for the docks along our very narrow (93 foot) waterway to be parallel to our sand beaches. There are good reasons for these rules: large boats navigating our narrow channel must frequently turn around abruptly. Depending upon the tides, these boats suddenly find themselves unable to fit under the Linda Isle Bridge and must turn rapidly right in front of us. There have been accidents, and even one fatality. Our city runs the risk of increased legal liability by enabling ever -larger boats docking along this waterway. Additionally, state and federal regulations make it unlawful to obstruct the passage of other vessels. And we know that our neighbor wishes to own a larger boat. He recently circulated a neighborhood letter stating his intent to acquire a 3-level64x18 foot boat "like the Ocean Alexander." At low tide a huge boat of that type would sit on the seabed, would list, lean, and possibly roll over, causing personal and/or property damage, another potential City liability. Environmentally, the Army Corps of Engineers states that boats docked perpendicular or obliquely to a beach act as a groin, causing erosion of our beaches and damage to our bulkhead resulting in possible structural damage to our home. Furthermore, repeated dredging can ultimately lead to total loss of beach. Forty neighbors on both sides of our channel have signed petitions to halt this dock change. It is markedly unpopular. The applicant is vice -commodore of the Newport Harbor Yacht Club. Several members of the Harbor Commission are fellow club members; doesn't this represent a conflict of interest? Shouldn't they recuse themselves? Why can't we all just live by the existing rules and avoid future litigation? Martin & Mildred Litke 427 Harbor Island Drive Newport Beach, CA No v s� q rzb �G� 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: Install new 8' x 45' float and 3' x 24' an wa and 2 pipe pile. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. PropertyWroperty Address: 433 Harbor Island Dr., Newport Beach, CA 92660 Legal Description: Harbor Permit Number: 132-427 Plan Check Number: 1780-2005 pp scan : Warren Flerson Applicant's Mailing Address: 433 Harbor Island Dr., Newport Beach, CA 92660 Phone Number: 949 631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. And find Page 1 of 2 X They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concert 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: X Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to reiection in principal by Newport Beach unless a substantial chanae is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached conditions to the pier permit. Tom Rossmiller, Manager, Harbor Resources Signature:/f+ i Chris Miller, Harbor Resources Supervisor _July 25, 2005 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 WORKSHEET FOR BUILDING / FIRE PERMIT APPLICAII 0 HA R� RESOURCES DIV. CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH ,�J PLEASE PRINT OR TYPE BUILDING DEPARTMENT h�►� NJ -7/Z , 1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. ,3 3 b e. LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT 2. DESCRIPTION OF WORK yf S USE i� T Zt �— i Ile # OF STORIES VALUATION-$ �e NEW ADD ❑ ALTER ❑ DEMO ❑ SQ FT (NEW/ADDED/EXTG) Check Appropriate Box for Aaalicant ❑ 3. OWNER'S NAME AAST FIRST OWNER' r _ 14Ar -�P(, OWNER'S E-MAIL ADDRESS CITY STATE � ZIP ^ ��� C/'' PHONE NO. f � 6 .� � ` 3 I ❑ 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. ❑ 5. ENGINEER'S NAME � � 2 71--�/ ST FIRST J� STATE LIC. C` 7 ENGINEER'S ADDRESS � —Z_5-v;y4 �t C" 1`� �0 4' v4141�,A-,/4- ENGINEER'S E-MAIL ADDRESS CITY/ STATE ZIP �rNO. J i ❑ 6. CONTRACTO ' A / 1 l BUSINESS LIC. JUL STAo' ! !! L No. Class CON CTO, 'S AYRESS CONTRACTOR'S E-MAIL ADDRESS CI i Y OF NEWPORT BEACH CITY STAT ZIP PHO E OFFICE USE ONLY PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. PLAN CHECK FEE $ OCCUPANCY -GROUP PLAN CHECK ENG. orms o a aoIca ion 8/27/04 V" t I.T:YONWP VS T BERCH ERY •: :. r PRCI�IC pct �I �sr Y I C I N I TY ,-MRP E rTft Wl L-E 1' = 44' 1E-. ,, SQI(DING:..Ei;;`.EXPRE SaD :IN .FEEI "RM DENOTE ELEYHTIONB"8R5ED ON hEf�! LOFER LOW Wr�TER, l�oPE vP rtio4e r�ernove �x %ioRT ,XN I (,A'4 '+Y 4f4e iV-eW !'t" ta"Ia — PLAN::VIE�V 1' = 40' ORTE y 7 r7 Date: Inspection Requested By: Inspector: Pier Address: Pier Transfer INSPECTION FORM Harbor Resources Department C" Don Duffy Reinspection GFI Present Yes Need None Needed Yes Need Anti -Siphon / Backflow Present Other Comments Yes No Present Pump Out Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description _CF .Number Location on Dock Comments / Observations Other Request CITY OF NEWPORT BEACH HARBOR COMMISSION June 8, 2005 FROM: Harbor Resources Division (City Manager's Office) Chris Miller, (949) 644-3043 cmiller@city.newport-beach.ca.us SUBJECT: Dock Reconfiguration Appeal — Person @ 433 Harbor Island Dr. ISSUE: Mr. Person at 433 Harbor Island Dr. shares a pier with his neighbor at 427 Harbor Island Dr. Mr. Person has submitted plans to Harbor Resources to reconfigure his float and gangway and to install a gangway lobe on this shared pier. Per the Harbor Permit Policy, both owners need to approve plans for reconfiguration prior to Harbor Resources issuing an Approval In Concept. Mr. Person's neighbor has refused to approve the plan and he has not provided an explanation of his position. Mr. Person is appealing Harbor Resources denial of the proposal. ALTERNATIVES: If desired, the Harbor Commission may: Approve the proposal for dock reconfiguration. 2. Deny the proposal for dock reconfiguration based on the neighbor's refusal to approve the plans. BACKGROUND: Mr. Person proposes to reconfigure his float and gangway and to install a new gangway lobe where a lobe did not exist before. He also proposes to re -deck the pier at his expense. The float will be reconfigured to a triangular shape and the gangway will be moved from the end of the pier to midway down the pier. The gangway will be attached to a newly constructed 4' x 4' gangway lobe which will be attached to the shared pier. It is because of this connection to the shared pier that Harbor Resources requires both pier permittees to approve plans for this shared pier. (See attached plan.) Mr. Person's proposal is identical to the already approved and installed dock at 443 Harbor Island Dr. Prior to Harbor Resources issuing an Approval in Concept (AIC), Harbor Resources requires all joint pier permittees to approve plans for reconfiguration when the proposed project affects the shared portion of the dock system. Mr. Person has asked his neighbor to approve his plans but he has refused to do so. Mr. Person's recourse is to bring his case to the Harbor Commission for a determination. 2 On May 25, 2005, Harbor Resources mailed a certified letter to Mr. Person's neighbor informing him of the proposed reconfiguration change and inviting him to attend the Harbor Commission meeting to voice any concerns. Per the returned certified mail receipt, Mr. Person's neighbor received the letter on May 27, 2005. Harbor Resources supports Mr. Person's proposal because it does not appear to have a direct impact upon the neighbor's side of the pier nor does it appear to prohibit equal use or rights to the pier. Harbor Permit Policies state the following concerning joint ownership of piers: "...the permit application must be signed by the fee owners or long-term lessee of all abutting upland property having access to the facility. The permit shall provide that all parties shall have equal rights under the permit and shall be held jointly responsible for compliance with all rules, regulations and conditions set forth in the permit." ENVIRONMENTAL REVIEW: The Harbor Commission's approval of this Agenda Item does not require environmental review. 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). Prepared by: Chris Miller Harbor Resources Supervisor Attachments: Aerial Photo Dock Construction Plan Submitted by: Tom Rossmiller Harbor Resources Manager 3 Aerial View 433 Harbor Island Dr. 4 P Rciric OCC8N y I c I NITY;l MR2 Proposed Reconfiguration 433 Harbor Island Dr. T BERCH LFM I 79 WM LE EGE'VHTION Wo4e, , I F/o*r 6*"l W4y /Oes e, olec x aef An7 401 IN -FEET RE DENOTE I LOFB LOW WTER ,P 116 V'v litt "V101W /Ve Cie ;(q 1 ( A14WkY hie Nvewl'vl rai'le. I,( 9"u4f*'d( Mw- 1-(33 PLM 40 R.ZSA'1;.110B FM DRTE Ll— 7- f? 9 NEWPORT BEACH HARBOR COMMISSION MINUTES City Council Chambers June 9, 2005 CALL TO ORDER 6:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Commissioners, Seymour Beek, John Corrough, Marshall Duffield, Paulette Pappas and Ralph Rodheim were present. Staff: Lorrie Arcese, Aaron Harp, Dave Kiff, Chris Miller and Tom Rossmiller. Absent: Tim Collins and Don Lawrenz MINUTES: The minutes from the last meeting were approved. PUBLIC COMMENTS: Deana Bergquist was introduced as the new Harbor Master/Captain. Don Gilliland expressed concern with the fishery barge out in the bay. It is an eye sore and is unkempt. The residents have signed a petition asking that the barge be moved. The sea lions have taken it over. REQUEST FOR CONTINUANCES: None APPEAL ITEMS: ITEM # 1 Subject: Live Aboard Appeal — Woodworth, Vessel Located at Mooring H-75 Summary: Pursuant to Section 17.23.075 of the Municipal Code: A. Any permit granted pursuant to this chapter and Chapter 17.22 may be cancelled by the Harbor Resources Director upon a determination that: 4. The permittee, or any person on the vessel, has engaged in conduct which has unreasonably interfered with the health, safety, welfare, or peace of any person. Based on at least 21 calls for service and/or complaints regarding the Woodworth's actions on the vessel located at Mooring H-75, Harbor Resources has made the decision to: (1) cancel James Woodworth's and Victoria Woodworth's Mooring Live -Aboard Permit for the vessel located at Mooring H-75; and (2) deny the Woodworths' Application for Renewal of the Permit. Discussion: The Harbor patrol gave some accounts of some incidents. Commissioner Corrough said he was surprised that no other citizens were there to complain and it was said that people were afraid of retaliation. James Woodworth said that he has lived in Newport all of his life, all of his vessels are functional and he pays his taxes on time. The revocation will impact his life and employment. Action: Commissioner Corrough made the motion to affirm the decision of Harbor Resources. The motion was seconded and carried with all ayes. ITEM #2 Subject: Residential Live Aboard Appeal — Huzyak, MV Besame Berthed at 915 Via Lido Soud Summary: Chris Miller presented a PowerPoint review of the staff report. Mr. and Mrs. Huzyak are currently renting dock space at a residential pier at 915 Via Lido Soud for their 100' motor vessel Besame. While at this residential pier, their licensed captain has been living aboard in order to keep watch on the vessel. Harbor Permit Policies restrict any persons living aboard a vessel in a residentially zoned area. The Huzyaks are appealing Harbor Resources decision to uphold the Harbor Permit Policies. Public Comments: Sally Huzyak, appellant, stated they are were residents of Newport Beach and still own property here. They are asking for this modification because large yachts like the Besame have lots of refrigeration, wiring, pumps, bilges and holding tanks. All this requires someone on board to keep it maintained and monitored. She stated that harbors usually like large yachts because it is prestigious, high dollar business and safety to the harbor, as the captain keeps an eye on the area around as well as that vessel. They are in a private dock because there are not many other places and they are in and out for a month or two at a time. Moorings are not an option as there is too much electricity to run, even when they are plugging in. The Captain and Crew are respectful and trained to keep a low profile, particularly in a private dock. They came in May and will stay until August, they will be back in October, and at first of year will leave for a couple of years. They are requesting that the Harbor Commission grant a modification that captains and crew be allowed to live on a boat when they are in a private dock. Marinas are more convenient with trash, parking, etc. She said that the trend is going to larger boats which the private commercial marinas should consider. She said it is a technically different to live aboard a public dock, private dock or and mooring. She said it is not practical for them to try to find a furnished, rental apartment for a Captain and his wife, on and off, and there are no options in this area. She asked for a modification for large mega yachts in the harbor for the Captains and this process allow our crew to live aboard the Besame. John Brelin, mooring company owner, was aboard the Besame. As an ex - navy office, the captain is an exemplary person. He recommended allowing the live aboard. Mike Joseph, 901 Via Lido Soud, said he was new to the area and his family is the aggrieved party by having this boat essentially in their back yard. It is not a good experience and not knowing we woke up to a large vessel docked with the crew living aboard. It affects our property, it influences our life in our own home and is in the left corner of our vision. Since we launched the complaint we noticed they are not staying over night now. People are right there outside of their backyard. We hope you support this rule and everyone would be impacted by you allowing this. No matter how good a live aboard person's character, it does impact the adjacent homeowner. The boat is still there, but activity is way down. Thanks to Harbor Resources for bringing this forward. How does this affect your life negatively? In the back yard, I work out at night and my wife gardens. We didn't pay for this and feel everyone would feel the same. Keep the rule and stay with the status quo. If there was a vessel of similar size that was your neighbors and was berthed permanently by your neighbor, would this bother you?. We would understand that, it is having the crew on board that is the problem. Discussion: Chairman Beek is sympathetic to the Besame. We do need to discuss modifying the ordinance to allow liveaboard in residential areas. Commissioner Corrough said the biggest problem is that this liveaboard is a legitimate activity. Transient boats are usually in for 30 days and this one is pushing that envelope. We could amend the rule and set a time limit - it works in other parts of the world. He feels we have a need to change the rule since there aren't places for the larger vessels. Tom said the Commission tonight can give temporary exception, but an amendment would need to be agendized. Commissioner Duffield asked where the boat is based. It has no base. Commissioner Rodheim understands predicament, but we are a small boat harbor, we don't have room for the mega yachts, we are trying to accommodate residents and recreational boating and in this case I think it is wise not to have liveaboards (as stated by the aggrieved party). Commissioner Rodheim said there are liveaboards all around the harbor and the Harbor Patrol should take a survey. He said he knows of some and Tom said we respond on a complaint basis only. Action: Commissioner Rodheim made the motion to uphold the staffs recommendation, #1. We could agendize reviewing the Municipal Code at a later time, but it is a small boat harbor. Commissioner Corrough seconded the motion with an amendment to agendize a discussion of a modification of the policy. Harbor planning should include facilities for larger vessels. The issue here is that there is a complaint and they feel their privacy is impacted. There must be a time limit if there is a modification. The motion carried with all ayes. ITEM # 3 Subject: Dock Reconfiguration Appeal — Person @ 433 Harbor Island Dr. Summary: Mr. Person at 433 Harbor Island Drive has submitted plans to reconfigure his float and gangway and install a gangway lobe to his shared pier. Harbor Permit Policy requires concurrence of the shared pier neighbor. The neighbor has refused to provide concurrence. Mr. Person is appealing Harbor Resources denial of the proposal. Discussion: Chairman Beek said that the size of the boat is not an issue. Public Comments: Mr. Person said neighbor thinks it will affect their view, but Mr. Person does not. There is another dock in the same configuration. Boats and docks up and down the channel are in all types of configuration. He brought letters in support. Reorientation of dock will help with safety and docking issues. Peter Swift, of Swift Slip, said they designed it because of less dredging permits being issued and boats are going aground. This will help. Martin Litke, 427 Harbor Island Drive, said that the neighbors up and down have signed a petition against this plan, due to views, property values and property rights. Our channel view is part of our property rights. Mr. Person sent a letter to the other homeowners saying the proposed dock is due to safety reasons. The dock reconstructed in same configuration down the block was approved by the adjacent neighbor because he is an absentee landlord and doesn't live there to enjoy the view. Mildred Litke, 427, Harbor Island Drive, said Mr. Person wants to get a much larger boat. This channel is very narrow and it will block navigation. There have been incidents due to not enough room. An Army Corp of Engineer report (and designers of jetties) states, "that the orientation of a boat sticking out into the channel perpendicular to tidal flow causes unusual eddying which can adversely affect the shift of sand". Foundations built on slabs, not seawalls, are not deep enough to accommodate sand loss. This plan falls into the category of a nuisance. There are other alternatives. The rules are in place. She read a letter from Mr. and Mrs. Lipscomb. Ned Wallace said that the pier down the way was done because the co- permittee did approve it. You will set a precedent by passing this. Joseph Caveral, 531 Harbor island Drive, objects because the neighbor didn't approve and this will set a precedent for all docks to have 80 foot boats. These large boats block the views and greatly impact us. Ben Bennis, 153 Harbor Island Road, says all boats so far have abided by the rules. Linda Isle is a passageway for many boats and larger boat intrusion will greatly limit it. James Turner, 409 Bayside Dr., says if you start reorienting all of these docks at 45 degree angels, all of the views will be blocked. Marge Austin — 407 Bayside Dr., read an article about the large Cook boat at Balboa Island issue a few years ago and what happened with that. She lives on the water for the open space. Action: The motion to deny the proposal for dock reconfiguration based on the neighbor's refusal to approve the plans was made and seconded. The motion was denied with 2 for and 3 against. The motion to approve the proposal for dock configuration was made and seconded. The motion carried with 3 for and 2 against. ITEM #4 Subject: Dock Reconfiguration Appeal — Rabbitt @ 634 Via Lido Nord Summary: Mr. Rabbitt at 634 Via Lido Nord has submitted plans to Harbor Resources to replace his entire dock system like for like. He proposes to maintain the same 3' width on the fingers of his U-Shaped float. City dock construction standards require 4' minimum finger widths for residential piers. Mr. Rabbitt is appealing Harbor Resources denial of the proposal. Discussion: 3 foot finger widths have been approved in unique situations. The applicant needs to replace docks and would like to keep it as it is. The new standards will have variable widths. There have been no problems with the 3 foot setbacks. Public Comments: Action: The motion was made by Commissioner Rodheim to approve the proposal as submitted with 3' fingers. The motion was seconded and carried 4 to 1. ACTION ITEM ITEM # 1 Subject: Americans with Disabilities Act (ADA) Requirements as Applied to Public and Commercial Docks in Newport Bay Summary: Faisal Jurdi, Deputy Building Official of the City of Newport Beach Building Department discussed the Building Department's approach to applying ADA guidelines to public and commercial dock projects in Newport Bay The Building Department advised Harbor Resources that ADA requires removal of access barriers to public docks. In hind sight it should have been included in 1992 —1994 ADA improvement projects. It was not pointed out to the Building Department, then by the Harbor Department that the city owned public docks and the main focus was then on access to buildings and parking. The city was also trying to keep cost of providing ADA compliance to a minimum since the budget was very tight in the early 90's. The California Building Code re uires that private commercial and public docks that have additions, alterations or repairs, spend 20% of the cost of the project on providing access to the altered area according to a priority list (with accessible gangway as the highest priority). The California Building Code requires privately owned commercial and public docks that are new construction or replacement to provide full compliance. (Exceptions can be made for physical constraints. It requires Appeals Board approval.) Discussion: Public Comments: Mark Sites asked if the new pumpout facility dock at 15t' Street will need ADA compliancy. Faisal said no as long as it is for service personnel only and they are not handicapped. Action: Receive and File. SUB -COMMITTEE REPORTS: None HARBOR RESOURCE UPDATES: Tom Rossmiller gave a PowerPoint presentation on harbor updates. The Harbor Resources Update is posted at. http://www.city.newport-beach.ca.us/hbr (under minutes, Harbor Resources Updates). PUBLIC COMMENTS ON SUB -COMMITTEE REPORTS OR HARBOR RESOURCES UPDATE: Mark Silvey gave a presentation on his proposal for Marina Park. Pacific fisheries — Harbor Resources will take into account all the complaints that have been received on the station and the seal situation. Commissioner Corrough asked why it can't be moved to another location. It will be agendized. Carter Ford — The manager for NOAA spoke at their meeting and is helping on mooring issues. Mark Silvey — There will be a speaker on copper in the bay at the Marine Committee meeting on June 21 at 7:30 am. Mark sites — Asked for an update on the 15t' Street Pump out dock. COMMISSIONER'S ANNOUNCEMENTS OR MATTERS TO BE PLACED ON FUTURE AGENDAS FOR DISCUSSION, ACTION OR REPORT: RECOMMENDED TOPICS FOR FUTURE AGENDAS: • CEQA Boot Camp • Discussion of the Final Report of Rhine Channel Remediation Plan • Proposed Revision to the Municipal Code 17.10 for Commercial Harbor Activities • Guest dock at the Rhine Channel • White Sea Bass Barge • Seal problems in the harbor. • Temporary living at private docks. • 15t' Street Pumpout station DATE OF NEXT MEETING: Wednesday, July 13, 6:00 pm Council Chambers ADJOURNMENT CITY OF NEWPORT BEACH HARBOR COMMISSION June 8, 2005 TO: HARBOR COMMISSION FROM: Harbor Resources Division (City Manager's Office) Chris Miller, (949) 644-3043 cmiller@city.newport-beach.ca.us SUBJECT: Dock Reconfiguration Appeal — Person @ 433 Harbor Island Dr. ISSUE: Mr. Person at 433 Harbor Island Dr. shares a pier with his neighbor at 427 Harbor Island Dr. Mr. Person has submitted plans to Harbor Resources to reconfigure his float and gangway and to install a gangway lobe on this shared pier. Per the Harbor Permit Policy, both owners need to approve plans for reconfiguration prior to Harbor Resources issuing an Approval In Concept. Mr. Person's neighbor has refused to approve the plan and he has not provided an explanation of his position. Mr. Person is appealing Harbor Resources denial of the proposal. ALTERNATIVES: If desired, the Harbor Commission may: Approve the proposal for dock reconfiguration. 2. Deny the proposal for dock reconfiguration based on the neighbor's refusal to approve the plans. BACKGROUND: Mr. Person proposes to reconfigure his float and gangway and to install a new gangway lobe where a lobe did not exist before. He also proposes to re -deck the pier at his expense. The float will be reconfigured to a triangular shape and the gangway will be moved from the end of the pier to midway down the pier. The gangway will be attached to a newly constructed 4' x 4' gangway lobe which will be attached to the shared pier. It is because of this connection to the shared pier that Harbor Resources requires both pier permittees to approve plans for this shared pier. (See attached plan.) Mr. Person's proposal is identical to the already approved and installed dock at 443 Harbor Island Dr. Prior to Harbor Resources issuing an Approval in Concept (AIC), Harbor Resources requires all joint pier permittees to approve plans for reconfiguration when the proposed project affects the shared portion of the dock system. Mr. Person has asked his neighbor to approve his plans but he has refused to do so. Mr. Person's recourse is to bring his case to the Harbor Commission for a determination. 2 On May 25, 2005, Harbor Resources mailed a certified letter to Mr. Person's neighbor informing him of the proposed reconfiguration change and inviting him to attend the Harbor Commission meeting to voice any concerns. Per the returned certified mail receipt, Mr. Person's neighbor received the letter on May 27, 2005. Harbor Resources supports Mr. Person's proposal because it does not appear to have a direct impact upon the neighbor's side of the pier nor does it appear to prohibit equal use or rights to the pier. Harbor Permit Policies state the following concerning joint ownership of piers: "...the permit application must be signed by the fee owners or long-term lessee of all abutting upland property having access to the facility. The permit shall provide that all parties shall have equal rights under the permit and shall be held jointly responsible for compliance with all rules, regulations and conditions set forth in the permit." ENVIRONMENTAL REVIEW: The Harbor Commission's approval of this Agenda Item does not require environmental review. 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). Prepared by: Chris Miller Harbor Resources Supervisor Attachments: Aerial Photo Dock Construction Plan Submitted by: Tom Rossmiller Harbor Resources Manager Aerial View 433 Harbor Island Dr. F11 Proposed Reconfiguration 433 Harbor Island Dr. `75 C 1:'301 ON T BERCH RO 6MR LFM "RCIp, N C, 'CERN `\ `, i \ 1 OT W1 LE 401 YlClN1T-Y;..1,MRP OM%-IN TEST RC DENOTE -LUtU LOW WTER kit it' pite., :FM3' fill IV.f-w pfp,tr - "vew 'X?4 6*-ft ,."CW 194116*14**Oe_ *,ew I'z " ?01 a — q33 W,4g)Ce.,V lae.ZSvllS Pie CL pO, Fi4t.,,4. e 40 NEWPORT BEACH HARBOR COMMISSION MINUTES City Council Chambers June 9, 2005 CALL TO ORDER 6:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Commissioners, Seymour Beek, John Corrough, Marshall Duffield, Paulette Pappas and Ralph Rodheim were present. Staff: Lorrie Arcese, Aaron Harp, Dave Kiff, Chris Miller and Tom Rossmiller. Absent: Tim Collins and Don Lawrenz MINUTES: The minutes from the last meeting were approved. PUBLIC COMMENTS: Deana Bergquist was introduced as the new Harbor Master/Captain. Don Gilliland expressed concern with the fishery barge out in the bay. It is an eye sore and is unkempt. The residents have signed a petition asking that the barge be moved. The sea lions have taken it over. REQUEST FOR CONTINUANCES: None APPEAL ITEMS: ITEM # 1 Subject: Live Aboard Appeal — Woodworth, Vessel Located at Mooring H-75 Summary: Pursuant to Section 17.23.075 of the Municipal Code: A. Any permit granted pursuant to this chapter and Chapter 17.22 may be cancelled by the Harbor Resources Director upon a determination that: 4. The permittee, or any person on the vessel, has engaged in conduct which has unreasonably interfered with the health, safety, welfare, or peace of any person. Based on at least 21 calls for service and/or complaints regarding the Woodworth's actions on the vessel located at Mooring H-75, Harbor Resources has made the decision to: (1) cancel James Woodworth's and Victoria Woodworth's Mooring Live -Aboard Permit for the vessel located at Mooring H-75; and (2) deny the Woodworths' Application for Renewal of the Permit. Discussion: The Harbor patrol gave some accounts of some incidents. Commissioner Corrough said he was surprised that no other citizens were there to complain and it was said that people were afraid of retaliation. James Woodworth said that he has lived in Newport all of his life, all of his vessels are functional and he pays his taxes on time. The revocation will impact his life and employment. Action: Commissioner Corrough made the motion to affirm the decision of Harbor Resources. The motion was seconded and carried with all ayes. ITEM # 2 Subject: Residential Live Aboard Appeal — Huzyak, MV Besame Berthed at 915 Via Lido Soud Summary: Chris Miller presented a PowerPoint review of the staff report. Mr. and Mrs. Huzyak are currently renting dock space at a residential pier at 915 Via Lido Soud for their 100' motor vessel Besame. While at this residential pier, their licensed captain has been living aboard in order to keep watch on the vessel. Harbor Permit Policies restrict any persons living aboard a vessel in a residentially zoned area. The Huzyaks are appealing Harbor Resources decision to uphold the Harbor Permit Policies. Public Comments: Sally Huzyak, appellant, stated they are were residents of Newport Beach and still own property here. They are asking for this modification because large yachts like the Besame have lots of refrigeration, wiring, pumps, bilges and holding tanks. All this requires someone on board to keep it maintained and monitored. She stated that harbors usually like large yachts because it is prestigious, high dollar business and safety to the harbor, as the captain keeps an eye on the area around as well as that vessel. They are in a private dock because there are not many other places and they are in and out for a month or two at a time. Moorings are not an option as there is too much electricity to run, even when they are plugging in. The Captain and Crew are respectful and trained to keep a low profile, particularly in a private dock. They came in May and will stay until August, they will be back in October, and at first of year will leave for a couple of years. They are requesting that the Harbor Commission grant a modification that captains and crew be allowed to live on a boat when they are in a private dock. Marinas are more convenient with trash, parking, etc. She said that the trend is going to larger boats which the private commercial marinas should consider. She said it is a technically different to live aboard a public dock, private dock or and mooring. She said it is not practical for them to try to find a furnished, rental apartment for a Captain and his wife, on and off, and there are no options in this area. She asked for a modification for large mega yachts in the harbor for the Captains and this process allow our crew to live aboard the Besame. John Brelin, mooring company owner, was aboard the Besame. As an ex navy office, the captain is an exemplary person. He recommended allowing the live aboard. Mike Joseph, 901 Via Lido Soud, said he was new to the area and his family is the aggrieved party by having this boat essentially in their back yard. It is not a good experience and not knowing we woke up to a large vessel docked with the crew living aboard. It affects our property, it influences our life in our own home and is in the left corner of our vision. Since we launched the complaint we noticed they are not staying over night now. People are right there outside of their backyard. We hope you support this rule and everyone would be impacted by you allowing this. No matter how good a live aboard person's character, it does impact the adjacent homeowner. The boat is still there, but activity is way down. Thanks to Harbor Resources for bringing this forward. How does this affect your life negatively? In the back yard, I work out at night and my wife gardens. We didn't pay for this and feel everyone would feel the same. Keep the rule and stay with the status quo. If there was a vessel of similar size that was your neighbors and was berthed permanently by your neighbor, would this bother you?. We would understand that, it is having the crew on board that is the problem. Discussion: Chairman Beek is sympathetic to the Besame. We do need to discuss modifying the ordinance to allow liveaboard in residential areas. Commissioner Corrough said the biggest problem is that this liveaboard is a legitimate activity. Transient boats are usually in for 30 days and this one is pushing that envelope. We could amend the rule and set a time limit - it works in other parts of the world. He feels we have a need to change the rule since there aren't places for the larger vessels. Tom said the Commission tonight can give temporary exception, but an amendment would need to be agendized. Commissioner Duffield asked where the boat is based. It has no base. Commissioner Rodheim understands predicament, but we are a small boat harbor, we don't have room for the mega yachts, we are trying to accommodate residents and recreational boating and in this case I think it is wise not to have liveaboards (as stated by the aggrieved party). Commissioner Rodheim said there are liveaboards all around the harbor and the Harbor Patrol should take a survey. He said he knows of some and Tom said we respond on a complaint basis only. Action: Commissioner Rodheim made the motion to uphold the staffs recommendation, #1. We could agendize reviewing the Municipal Code at a later time, but it is a small boat harbor. Commissioner Corrough seconded the motion with an amendment to agendize a discussion of a modification of the policy. Harbor planning should include facilities for larger vessels. The issue here is that there is a complaint and they feel their privacy is impacted. There must be a time limit if there is a modification. The motion carried with all ayes. ITEM # 3 Subject: Dock Reconfiguration Appeal — Person @ 433 Harbor Island Dr. Summary: Mr. Person at 433 Harbor Island Drive has submitted plans to reconfigure his float and gangway and install a gangway lobe to his shared pier. Harbor Permit Policy requires concurrence of the shared pier neighbor. The neighbor has refused to provide concurrence. Mr. Person is appealing Harbor Resources denial of the proposal. Discussion: Chairman Beek said that the size of the boat is not an issue. Public Comments: Mr. Person said neighbor thinks it will affect their view, but Mr. Person does not. There is another dock in the same .configuration. Boats and docks up and down the channel are in all types of configuration. He brought letters in support. Reorientation of dock will help with safety and docking issues. Peter Swift, of Swift Slip, said they designed it because of less dredging permits being issued and boats are going aground. This will help. Martin Litke, 427 Harbor Island Drive, said that the neighbors up and down have signed a petition against this plan, due to views, property values and property rights. Our channel view is part of our property rights. Mr. Person sent a letter to the other homeowners saying the proposed dock is due to safety reasons. The dock reconstructed in same configuration down the block was approved by the adjacent neighbor because he is an absentee landlord and doesn't live there to enjoy the view. Mildred Litke, 427, Harbor Island Drive, said Mr. Person wants to get a much larger boat. This channel is very narrow and it will block navigation. There have been incidents due to not enough room. An Army Corp of Engineer report (and designers of jetties) states, "that the orientation of a boat sticking out into the channel perpendicular to tidal flow causes unusual eddying which can adversely affect the shift of sand". Foundations built on slabs, not seawalls, are not deep enough to accommodate sand loss. This plan falls into the category of a nuisance. There are other alternatives. The rules are in place. She read a letter from Mr. and Mrs. Lipscomb. Ned Wallace said that the pier down the way was done because the co- permittee did approve it. You will set a precedent by passing this. Joseph Caveral, 531 Harbor island Drive, objects because the neighbor didn't approve and this will set a precedent for all docks to have 80 foot boats. These large boats block the views and greatly impact us. Ben Bennis, 153 Harbor Island Road, says all boats so far have abided by the rules. Linda Isle is a passageway for many boats and larger boat intrusion will greatly limit it. James Turner, 409 Bayside Dr., says if you start reorienting all of these docks at 45 degree angels, all of the views will be blocked. Marge Austin — 407 Bayside Dr., read an article about the large Cook boat at Balboa Island issue a few years ago and what happened with that. She lives on the water for the open space. Action: The motion to deny the proposal for dock reconfiguration based on the neighbor's refusal to approve the plans was made and seconded. The motion was denied with 2 for and 3 against. The motion to approve the proposal for dock configuration was made and seconded. The motion carried with 3 for and 2 against. ITEM #4 Subject: Dock Reconfiguration Appeal — Rabbitt @ 634 Via Lido Nord Summary: Mr. Rabbitt at 634 Via Lido Nord has submitted plans to Harbor Resources to replace his entire dock system like for like. He proposes to maintain the same 3' width on the fingers of his U-Shaped float. City dock construction standards require 4' minimum finger widths for residential piers. Mr. Rabbitt is appealing Harbor Resources denial of the proposal. Discussion: 3 foot finger widths have been approved in unique situations. The applicant needs to replace docks and would like to keep it as it is. The new standards will have variable widths. There have been no problems with the 3 foot setbacks. Public Comments: Action: The motion was made by Commissioner Rodheim to approve the proposal as submitted with 3' fingers. The motion was seconded and carried 4 to 1. ACTION ITEM ITEM # 1 Subject: Americans with Disabilities Act (ADA) Requirements as Applied to Public and Commercial Docks in Newport Bay Summary: Faisal Jurdi, Deputy Building Official of the City of Newport Beach Building Department discussed the Building Department's approach to applying ADA guidelines to public and commercial dock projects in Newport Bay The Building Department advised Harbor Resources that ADA requires removal of access barriers to public docks. In hind sight it should have been included in 1992 —1994 ADA improvement projects. It was not pointed out to the Building Department, then by the Harbor Department that the city owned public docks and the main focus was then on access to buildings and parking. The city was also trying to keep cost of providing ADA compliance to a minimum since the budget was very tight in the early 90's. The California Building Code requires that private commercial mercial and public docks that have additions, alterations or repairs, spend 20% of the cost of the project on providing access to the altered area according to a priority list (with accessible gangway as the highest priority). The California Building Code requires privately owned commercial and public docks that are new construction or replacement to provide full compliance. (Exceptions can be made for physical constraints. It requires Appeals Board approval.) Discussion: Public Comments: Mark Sites asked if the new pumpout facility dock at 15th Street will need ADA compliancy. Faisal said no as long as it is for service personnel only and they are not handicapped. Action: Receive and File. SUB -COMMITTEE REPORTS: None HARBOR RESOURCE UPDATES: Tom Rossmiller gave a PowerPoint presentation on harbor updates. The Harbor Resources Update is posted at: http://www.city.newport-beach.ca.uslhbr (under minutes, Harbor Resources Updates). PUBLIC COMMENTS ON SUB -COMMITTEE REPORTS OR HARBOR RESOURCES UPDATE: Mark Silvey gave a presentation on his proposal for Marina Park. Pacific fisheries — Harbor Resources will take into account all the complaints that have been received on the station and the seal situation. Commissioner Corrough asked why it can't be moved to another location. It will be agendized. Carter Ford — The manager for NOAA spoke at their meeting and is helping on mooring issues. Mark Silvey — There will be a speaker on copper in the bay at the Marine Committee meeting on June 21 at 7:30 am. Mark sites — Asked for an update on the 15th Street Pump out dock. COMMISSIONER'S ANNOUNCEMENTS OR MATTERS TO BE PLACED ON FUTURE AGENDAS FOR DISCUSSION, ACTION OR REPORT: RECOMMENDED TOPICS FOR FUTURE AGENDAS: • CEQA Boot Camp • Discussion of the Final Report of Rhine Channel Remediation Plan • Proposed Revision to the Municipal Code 17.10 for Commercial Harbor Activities • Guest dock at the Rhine Channel • White Sea Bass Barge • Seal problems in the harbor. • Temporary living at private docks. • 15th Street Pumpout station DATE OF NEXT MEETING: Wednesday, July 13, 6:00 pm Council Chambers ADJOURNMENT JOHN P. KING, JR. 415 Bayside Drive Newport Beach, CA 92660 June 2, 2005 City of Newport Beach Harbor Commission Attn: Seymour Beek, Chairman & Members of the Board 3300 Newport Beach Blvd Newport Beach, CA 92663 Re: Dock Reconfiguration Appeal; Mn Warren Person, 433 Harbor Island Drive Dear Mr. Beek and Members of the Board, I live at 415 Bayside Drive, and am writing this letter in reference to the appeal filed by Mr. Person, who lives at 433 Harbor Island Drive, regarding his proposed dock reconfiguration. When I moved from my home of 30 years in Victoria Beach, Laguna, and gave up the "ocean", one of the attractive alternatives about my new location was the opportunity to have my boat in front of my home. My pier and float is in the same configuration as Mr. Person's is presently. However, in that configuration, we are limited as to the size of boat by the width of our lots, despite being adjacent to a substantially wider channel which will accommodate a lengthier boat. In fact, piers across the channel for Linda Isle homes access the same channel, but because their docks point "nose in" to the seawall, they accommodate substantially larger craft. I am in favor of Mr. Person's proposed dock reconfiguration. It will expand his alternatives by allowing a larger craft for him and his family to enjoy. Incidentally, I believe it will also increase the value to his home to have that additional capacity. I believe that the updated and reconfigured dock will also improve the aesthetic views to both Mr. Person and his surrounding neighbors. It is true that larger boats may negatively impact views from some properties, but any diminished view would probably be only at the ground level, and Harbor Island Drive is migrating, and will continue to migrate, toward two story homes. If view were the only or the prime consideration, then there should be NO boats out in front of our homes. However, we live in a boating community, each of us has dock rights, most of the owners have boats, and it would seem that the size of one's vessel is better dictated by navigational limits and concerns, and not by alleged "view corridors." Otherwise, you will first need to develop view ordinances, and then you will have to evaluate every boat in the harbor and its "impact" on neighboring properties. You'll be asked "pass" on the size of every landowner's boat, whether it must be a sail boat (which has a lower profile) or can be a power boat (with a higher profile), and whether it should be docked "bow to" or "stern to", etc., all in light of its impact on the "views" of various neighbors. At that point, good luck! ! Where would you stop with such "regulation", and how could you apply it consistently? For the above reasons, I request that the Commission approve Mr. Person's request for the reconfiguration of his dock. Ve ly yours, J 9P. King, Jr. 415 Bayside Drive Newport Beach, CA 92660 (949) 675-7588 Postmark Here ------------ — ...... Di CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 May 25, 2005 Mr. Martin Litke 427 Harbor Island Dr. Newport Beach, CA 92660 RE: Your Shared Pier at 427 & 433 Harbor Island Dr. Reconfiguration of Float, Gangway and Pier Platform at 433 Harbor Island Dr. Dear Mr. Litke, The City of Newport Beach has been requested by Mr. Person, your neighbor at 433 Harbor Island Dr, to approve plans to reconfigure his float and gangway that are attached to your jointly owned pier. Typically, if the plans conform to the City's dock construction standards, this department will issue an Approval in Concept (AIC) that will in turn be submitted to the various federal agencies that must approve such a project before it may begin. However, when a shared pier is involved, Harbor Resources requires all joint owners to sign off / approve the plans before an AIC can be issued. Mr. Person proposes to 1) reconfigure his float to a triangular shape, 2) reposition the gangway and 3) install a gangway lobe that will overhang onto his property yet will be directly attached to your shared pier. It is because of this gangway lobe attached to the shared pier that Harbor Resources requires both owners to approve these plans prior to an AIC being issued. Mr. Person also proposes to re -deck the pier, which is commonly shared, at his expense. Please see the attached proposal. Mr. Person has informed this department that he has asked for your cooperation in approving his proposal and that you have refused to do so. Therefore, Harbor Resources cannot approve his proposal and will not issue an AIC. Mr. Person's only recourse is to bring his case to the Harbor Commission for a hearing and determination. (The Harbor Commission is a seven member Commission appointed by the City Council and charged with overseeing all issues relating to the Harbor, including appeals.) This letter is informing you that this matter will be discussed at the next Harbor Commission meeting at: City Hall Council Chambers 3300 Newport Blvd. Newport Beach, CA 92663 Wednesday, June 8, 6:00 pm A Staff Report will be available on the Harbor Resources website by Friday, June 3 for you to review. Please go to: http://www.cily.neyMort-beach.ca.us/HBR/ then click on Harbor Commission then 2005 Agenda. city of Newport Beach Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 2 Please review the attached drawings. If you would like to reconsider and agree to Mr. Person's proposal, please print, sign and date one of the plans and return it to this office in the envelope provided by June 8, 2005. Although the Harbor Commission may make any decision they collectively deem appropriate, Harbor Resources' staff report will recommend approval of this proposal as it does not appear to have a direct impact upon the pier on your side of the property. You are encouraged to attend the Harbor Commission meeting to voice any concerns that you may have with this matter. Please feel free to call me if you have any additional questions or would like to know more about the appeal process. This letter was sent via first class regular mail and certified mail. Thank you, /- �/ i1 0 Chris Miller Harbor Resources Supervisor (949) 644-3043 cmiller(i�citewport-beach.ca.us CC: Mr. Warren Person, 433 Harbor Island Dr, Newport Beach, CA 92660 CITY'NWP T BERCH4, 1'ORT=`BEACN , LFFER �.- . ­ . . . . . . . . . . . all Y I C I M I�T•Y ; MRP ' \EFeT PAOF:I LE . 1 = 40'JWQ* j xm S0lF1AING$ .RW'D RESSED JN-FEET.'AND DENOTE EIEVATTQNS :BASED QN -WA LOSER LOW WATER, zDPE Q� lNO,P.�-' i �2`riDV� fX 54(4-11 Pe PI I F(o�T - 'X H 16Al4WkY 44 e ,v,ew I. " ?°� l e ---. q3 3 IC tT'S NF Gt%�e,r� peeSvli5 jlQB FUE C�y�S o @yl l/ To gee-�� PLAN.:V I EWf 1' = 40' 3 de_s .'i�r2rE y-� o 84 �80R ISM �Owvw) 7a• e �• tii E);4 " 0 M 1 �' s,.� T 471 182 �r � 7 37 Qy r � 4 i �94 AC. ply 6 12 to?$ 3 2 30- @32 33 N 27 CP .16 1 �' 4s• i pp a ` 58 67 68 �� 6665 6.0/ZG 39vd v6vZEZZ6b6 v0:10 b00Z/bZ/90 Action DREDGING PERMIT Harbor Resources Division Address: 1-f 3 3 1J9_i46r Ej/a�a' Pier Permit #: / 3 � -�� Status Application Received Date: Eelgrass Inspection Eg el rass No ,/ Date: Present Yes H. R. Approval to Comments: Completed Submit to Agencies C ti Date: 3hs 44 Date: Sent to Corps/Costal 3/Z r/C,y OK from Corps Yes j�5 No OK from Coastal L Yes /® No 7 Dredging Approval H. R. Initials: GM Date: Completion Report Date: Received Comments: 7// loy '. i )Need,s CetIQ,' fry, s-6+r huh A 2) Go-C nC4 nfP4 (etip' fre Foe owki-4„ (=rr?nQ (o ) %ecav�e Il u Yearfard' (jVvn'S fi,3) IveedS �iSC�A��1e✓ 0/?_ \pja(re, qV -%,O/l -P POST DREDGING COMPLETION REPORT �1;LIFQIt�~• The permittee shall send one (1) copy of the post -dredging report for each completed individual dredging project to the Corps and the CCC documenting compliance with all general and special conditions defined in this permit. The post -dredging report shall be sent within 45 days after completion of the complete individual dredging project authorized in this permit. The post -dredging report shall include the following information for the completed individual dredging project: Permit Number: 132-427 433 Harbor Island Drive Start Date:6/1/05 Completion Date: 10/18/05 Total dredged material to Beach. 85 cubic yards to Sea (LA3): Total acreage impacted: . 03 Mode of dredging and transportation, and method and frequency of disposal: - Hydraulic Suction transported through a pipeline onto adjacent beach. Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip to the LA-3 ocean disposal site. USCG Contact: Yes No Form of dredged material: Sl x Cohesive Procedure and location where the disposal barge or scow was washed: No washing.necessary. A certified report from the dredging site inspector and the captain of any tug or other vessel used to transport and dispose of dredged material at LA-3 indicating all general and special permit conditions were met. Any violations of the permit shall be explained in detail.. All conditioning permits were met: Yes No Post project surveys of Eelgrass beds potentially affected by the dredging - Not necessary as no eelgrass was identified in dredging area. l he post -dredging report shall be signed by a duly authorized representative of the permittee. The permittee's representative shall make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supemision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those directly responsible for gatherin !4puLormation, the information submitted is, to the best of my knowledge and belief, e, r te, lete. I am aware that there are significant penalties for su tong se T �77 i the possibility of fine and imprisonment for knowing violm s. t C� - LIFOR RECEIVED South Coast Region STATE & FEDERAL AGa NCW004 DREDGING APPL�b� ��10N Permit No. 3a " `� 7 Payment: 3 Check No: Date: 3 / 6 Project Location: // Latitude/Longitude: .33 ° 36. ?Q6 GJ /! 2,0 6 Y . 030 Cubic Yards to be Dredged;_ _ _ Method of Dredging: . J 1 � _ o Nature of Dredged Material (Grain size data): Dispositiof Dredned Material: Y .mac .e Method of Materia)Dispos}tion: I Effect of Dredging on Contiguous„B ng irISTj&c Project Begins: f�4 Project Ends: ocR �cX Page 2 Dredging Application 1, M A-k 1/, S / rl� S ,(Applicant/Applicant's agent), hereby certify that I have read the U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal Commission permit #5-99-282 for maintenance dredging in Newport Harbor and that I will comply with all of the conditions of those permits. I will further hold the City harmless from and indemnify them against any claim for damages arising out of the exercise of these permits. In addition, I, as the applicant 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. Applicant — Please Print III koeG-Coal /--- I Contractor — Please Print Date Signed: C Applicant/Agent STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 ' Long Beach, CA 90802-4302 August 24, 21004, < (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 5-99-282, as amended & Conformance with Consistency Certification CC-078-99 & CC-077-01- Dear Mr. Rossmiller: Commission staff have received information submitted as evidence.of compliance with Coastal Development Permit 5-99-282, as amended, and/or as evidence of conformance with Consistency Certifications CC-078-99 or CC-077-01 for the following sites in the City of Newport Beach: City Site Address Beach Harbor ' Disposal Permit # Q cu: ds Ocean Disposal Qty=1 . cu`; ds -, Cumulative Total$ for 2004 : 132-427 433 Harbor Island Drive 85, D 133-45 45 Linda Isle 0 750 153-233 233 East Bayfront 93 �0 171-933 1 933 Via .Lido Soud 150 0 112-411 1 411 Edgewater 85 0 . 165-17 17 Bay Island 125 0 129-1221 1221 West Pacific Coast 85 0 Sub -total 623 750 Year-to-date total 3108 Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certifications CC-078-99 and/or CC-077-01 and that no further federal consistency review is necessary from the Commission for the dredging components of the projects. In addition, the proposed beach disposal events have been reviewed and found by the Executive Director to be consistent with Special Conditions 1-3 and 9-12 of Coastal Development Permit 5-99-282, as amended. No:further review is• necessary from the Commission for the -beach disposal components of the projects. 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-078-99 and CC-077-01 and/or conform with the terms and conditions of Coastal Development Permit 5-99-282, as amended. Any change in the projects' may cause them to lose their status as consistent with CC-078-99 and CC-077-01 and/or -CDP 5-99-282, as=.amended. This certification is based 'on information provided by the recipient of,.this letter. If,'at a Iater;date;.tFris information is found to be incorrect or incomplete, this letter will become invalid; and any development occilrl'ing at that time must cease until a new determination regarding conformance with CC-078-99 and CC-077=0:1-?and/or CDP 5-99- 282, as amended, is obtained. If you have any uestions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine' at (415) 904-5200. Sincerely, tit' Karl Schwing Supervisor, Regulation & Planning, Orange County Area Cc: Mr. Mark Delaplaine, California Coastal Commission Ms. Cori Farrar, U.S. Army Corps of Engineers ' Not to Exceed 500 cubic yards per dredging and beach disposal event t Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event Not to Exceed 20,000 cubic yards per year rf� STATES OF ��P REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS PO BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 Mr. Chris Miller City of Newport Beach Harbor Resources Division PO Box 1768 Newport Beach, California 92658-8915 Dear Mr. Miller: July 22, 2005 This is in reply to your recent request for extensions of the expiration period on several Department of the Army Permits to conduct maintenance dredging and beach disposal of dredge material, per Regional General Permit No. 54 in Newport Bay, Newport Beach, Orange County, California. This letter authorizes the extension to complete work at the specific sites within Newport Bay (see below). USACE Base # City Harbor Permit # Site Address Volume (Cubic Yards) Beach Disposal Ocean Disposal 200401075 132-427 433 Harbor Island Dr. 85 Supratidal 0 200400428 105-2525 2525 Ocean Blvd. 500 Supratidal 0 Totals 585 585 cy 0 Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the -terms and conditions of Regional General Permit (RGP) No. 54. As long as you comply with the general permit conditions of RGP No. 54, an individual permit is not required. Furthermore, you must comply with the following non -discretionary Special Condition: L­Thepermittee shall complete all dredging and beach disposal activities prior to January 24, 2006. Should additional time be required, the permittee shall conduct anew eelgrass presence/absence survey per the requirements of the Southern California Eelgrass Mitigation Policy (see: http://swr.nmfs.noaa.gov/hcd/eelpol.htm) and submit results to the Corps with a request for additional time. -2- A general permit does not grant any property rights exclusive privileges. Also, .it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law. Thank you for participating in our regulatory program. If you have any questions, please contact Corice J. Farrar of my staff at (213) 452-3296. I am forwarding copies of this letter to: Mr. Karl Schwing, California Coastal Commission, PO Box 1450, Long Beach, California 90802-4416; Mr. Bob Hoffman, NOAA Fisheries, 501 West Ocean Blvd, Suite 4200, Long Beach, CA 90802-4213. Sincerely, U Mark Durham Chief, South Coast Section Regulatory Branch CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive LIFOR� Newport Beach, CA 92660 June 17, 20005 Army Corps of Engineers Attn: Cori Farrar 911 Wilshire Blvd. Los Angeles, CA 90017 RE: Extension Request for Approved Dredging Applications Dear Cori, Per your earlier instructions to this office via email, this letter requests your approval to extend the project completion deadline for the attached application, to July 23, 2006 (1 year after the permit expiration date of July 24, 2005.) Thank you for your consideration in this matter. Please feel free to contact me with any questions you may have. Sincerely, � / ,- (� od, Chris Miller Harbor Resources Supervisor (949) 644-3043 cmiller(a),city.newport-beach. ca.us T Op JTFD STATES OF�P REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS PO BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 August 30, 2004 City of Newport Beach Harbor Resources Division Attention: Tom Rossmiller PO Box 1768 Newport Beach, California 92658-8915 Dear Mr. Rossmiller: This is in reply to your recent applications for Department of the Army Permits to conduct maintenance dredging, per Regional General Permit No. 54 in Newport Bay, Newport Beach, Orange County, California. This letter authorizes maintenance dredging with beach disposal at six sites within Newport Bay (see below). USACE Base # I City Site Address Volume Area (.est.) Beach Ocean Harbor (Cubic Disposal Disposal Permit # Yards).-.- 200401075-CJF 132-427 433 Harbor Island 85 2997 sf Yes - No Dr. Supratidal 200401274-CJF 153-233 233 E. Bay Front 93 1260 sf Yes - No Supratidal 200401761-CJF 165-17 17 Bay Island 125 3900 sf Yes - No Supratidal 200401762-CJF 112-411 411 Edgewater 85 2300 sf Yes - No Nearshore 200401763-CJF 171-933 933 Via Lido Soud 150 3000 sf Yes - No Supratidal 200401764-CJF 129-1221 1221 W. Pacific Coast 85 1400 sf Yes - No Hwy Supratidal _ Totals 623 14857 sf 623 cy 0 -2- Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54. As long as you comply with the general permit conditions of RGP No. 54, an individual permit is not required. This letter of verification is valid until July 24, 2005, when RGP No. 54 will expire. A general permit does not grant any property rights exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law. Thank you for participating in our regulatory program. If you have any questions, please contact Corice J. Farrar of my staff at (213) 452-3296. Sincerely, n6i Mark Durham Chief, South Coast Section Regulatory Branch Cl T Y oa' Nwi oo er ",I I L \. � it PPO��Z_ U O rti JAI Q C• + N � /,LL ,j��N /jcl4p D 19 s- 0 C e- --I ti VICINITY SkETCH NIWIORr DAY, CAL IG'2AN/q � r/r," '0 6 S/ ?'e:' Z w ,tt MAC evoir JGrr r (( Jarrr Sournd/ngs ore eApiCssad rn /Qe>r and dp�o/e drp,'hs below A-seorr Gower Low klolrer. �rlaxnssu�„ ronpe of /i&& gpprvx�n►o�o/y /O.rc04. //or6or /.ices ore ea�ob//'shed rn s/i,is , sec�io r orr.'Veov f Bob 70 n12-4 39• I fr'r , lob Ne �}� 3� S3 (� 7 NI o �nG � • > , i SITE EKr� E 4, �BucKrrF REDGE qEA �h 5 g� IRASS ACTION NO 65L GMSS WITH ZVbF PRO, 0 EEL GRASS IN THE PROJECT AREA fa SIGNATURE kIARBO� RESOURCES D�V, 13-Z�Y�-�- �r2�1� TMIk DATE CITY OF NEWPORT BEACH ,4PPL/c.4,vr WARREN PERSON I Cora 6 '3 -- 7-RAC7-,•3283_1 -/o,5 AODgESS.f 433 HARBOR ISLAND DR. CeAlrwc ro.c MAR-19-2004 10:46 AM MARK & MARY 949 675 1071 P_01 •••++��v��..aa ra-t NOU 14d4U ip 2 or 18 Mash 2oo4 Intracoastal Dredging Service P, 0. Dox 490 B004 Island, CA 92682 Attwntinn' Mark 91t9s Re; Physical Sediment Testing Results Dear mr. Sloes: '3-1,7-U4/ Enclosed are the results of the grain size oeetlrtg 1116WISted with the Regional General Permit for dredging in Newport H1lrtlor. The testing toAowed particle Size: Sieve Analysis: Me In Pmc'WufOs for Handling and Chemical Analysis of Sediment and Wa(er 5argpl thth od 2 as defined (Plumb 1 fined The analysis requested was for basic testing of the core samples forpartide (grain) size and reporting Of the percent sand and siltlday fractions to the nearest 1 % for each fraction. If you have questions regarding tha methodology or the results, please do not hesitate to contact me. The Mt3C staff appreciated the opportunity to work with you on this project. Please let me know if we can assist you on any other environmental projects in the future. Cordially, NBC ARPIJed Environmental sclellces !�� . lk�� Michael J. Mancuso Vice President Operatlons MSC APP"Od EnvtWnm4A►h/ SCIOBCOt. 3000 Redhill Ave.. CQSta Mesp, CA 92628 (714) 850-4830 - WaWe, mbcnet.net MAR-19-2004 10:47 AM MARK & MARY 949 675 1071 P.02 11CF- .10 UM Mpp i l ed Lnv I ronmenta l 714 850 4940 P. 3 MBC SAMPLE ANALYSIS SUMMARY STATION LOCATION: 433 Harbor Island Drive SAMPLE COLLECTION HATE: 12 March 2004 TEST METHOD: Steve Analysis: Method 2 (Plumb Joel) COLLECTED BY: Intracoastal Dredging Service ANALYSIS START DATE: 12 March 2004 1A 18 DREDGE SITE RECEIVING BEACH Total Dry Weight of Sample: 339.38 prams (g) 159.3 grams (g) Analysis Weight (Split Wt): 81.13 g 7B,88 q Vlsuat Description; A light brawn sand. A dark grey tine send. 1= on Fraction FMcton Fraction walaht °Ye of Total Weight % of Total Gravel / Shell Hash Fracticn: 0,13 g 0 % 0,01 g 0 % >2.Omm (i .1 �) #10 Sieve Send Fraction: 77,33 g 96 % 78.39 Q 100 % t2.Ornm >0.063rern 4 f) #230 Sieve Sint / Clay Prection: 3,07 g 5 % 0.26 g 0 % 40.063mm 4 4 OUTLINE OF SAMPLE COLLECTION AND ANALYSIS COLLECTION Samples collected by a nand coring device driven Into a reprosentative area of the dred8e site and receiving beach, Stored in plastic containers and Immediately delivered to the lab. SAMPLE PREPARATION Entire sample transferred Into 1 liter glass containers, deionized water added, and mixed to desalt and disperse the sediment, The sediment is allowed to completely RFlttIp and thm i-InAr wAtwr Is rrmnved by siphnning. The rample Is placed in a drying oven at 60°C and occasionally attrred until the entire sample Is ootnpletely dry. The dry sample is transferred to a desiccator for cooling. The sample Is dlsaggregeted and a Riffle sedirrmt splitter is used to evenly spk the sample to reduce the quantity of material to be analyzed to an allowable retention weight for the sieves. SAMPLE ANALYSIS The dry split fraction Is prneessed through a * 10 U.S. standard sieve to remove the grevel/shell fraction of the sample. The material retained on the sieve is weighed and value recorded. The material passing through the# 10 sieve is wet sieved througn a #230 sieve to remove the silt/clay fraction. The material retained on the sieve is transferred back into the glass container and placed back rota the drying oven at 50°C. The remaining sample Is allowed to completely dry and the material is weighed and recorded to yield the sand traction. The silt/day fraction is calculated by subtracting the graveilshsll and sand fractions from the total analysis weight. MBC Applied Envrronme»b! Sciences, S000 Redhill Avenue, eoeta Mesa, CA 92626 Caulerpa Survey Reporting Form (Version 1.0, September 18, 2001) 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 Caule Ya. 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, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Site Name: (common reference) 3 3 JAc 1s At v, J Survey Contact: (name, phone, e-mail) Q 4 !' (o Permit Reference: (ACOE Permit No., RWQCB Order or Cert. No.) Hydrographic System: (bay, estuary, lagoon, or harbor) Specific Location: © 6 (UTM, Lat./Long., datum, accuracy level, attach 112��T ) J Q 7 electronic survey area map if possible) Was Caulerpa Yes, Caulerpa was found at this site and Detected: (if Caulerpa is found, please has been contacted on date. immediately contact the permitting agency project � No Caulerpa was not found at this staff and NMFS or CDFG �aulerP site. personnel identified above) Description of Permitted Work:„�,��� describe briefly the work to ie conducted at the site order the permits identified Description of Site: Depth range: describe the physical and )iological conditions within he survey area at the time of he survey and provide nsight into variability, if mown. Please provide units or all numerical LA - Tc AV -G '/%GL uJ encountered: Other site description notes: Description of Survey Survey date 3 /may /U ���-• Effort: and time (please describe the surveys period: conducted including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottomactually viewed). Describe any limitations encountered during the survey efforts. orizontal visibility in J / water: Survey type and methods: J Survey � �'� personnel: - - --- F : Survey 11 limitations: Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.0, 9/18/01) 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 docuruented. Surveys required to be conducted ur uiis 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 Hoffinan, National Marine Fisheries Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). * Required Information Site Name: (common reference) /41- n CAO Survey Contact: (name, phone, e-mail) a,� 9cz Permit Reference: (ACOE Permit No., CCC Permit No.) _ Hydrographic System: (bay, estuary, lagoon, or harbor)( _ Specific Location: 33 °1(o O d 6 (UTK Lat./Long., datum, accuracy level, attach I J 7 / l o J! [� 0 o electronic survey area map if possible) Was Eelgrass Yes, Eelgrass was found at this site. etected: F*-x No, Eelgrass was not found at this site. Description of Permitted Work: * �Gt.!✓! 2� �/ / (describebrieflythe work to / be conducted at the site under the permits identified above) Description of Site: Depth range: (describe the physical and biological conditions within the survey area at the time of the survey and provide insight -into -Variability, if known. Please provide units for all numerical information). Substrate type: Temperature: Salinity: Dominant flora: Dominant fauna: Exotic species encountered: - - - - Other site description notes: Description of Survey Effort: Survey date and time (please describe the surveys conducted including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. period: Horizontal visibility in water: ` 3 Survey type and methods: * s'C. C i3 Jr �2 re Survey personnel: Survey �8 density: V%v - - Survey limitations: Other Information: (use this space to provide / ' �� 0 any additional information or references to attached materials such as maps, reports, etc.) Eelgrass Survey Reporting Form (version 1.0, 6/20/03) STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA STATE LANDS COMMISSION 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 July 21, 2004 Mr. Chris Miller Harbor Resources Supervisor/Inspector Harbor Resources Division P.O. Box 1768 Newport Beach, CA 92658-8915 PAUL D. THAYER, Executive Officer (916) 574-1800 FAX (916) 574-1810 Relay Service From TDD Phone 1-800-735-2922 from Voice Phone 1-800-735-2929 Contact Phone: (916) 574-0234 Contact FAX: (916) 574-1324 File Ref: G09-02 / SD2004-07-02.6 RE: Dredging Project at 433 Harbor Island Drive, Newport Beach Dear Mr. Miller: This is in response to your recent request for a determination by the California State Lands Commission (CSLC) whether it asserts a sovereign title interest in the property that the subject project will occupy and whether it asserts that the project will intrude into an area that is subject to the public easement in navigable waters. The facts pertaining to the proposed project, as we understand them, are these: The subject project includes dredging approximately 85 cubic yards with disposal of the dredged material to be onsite, within the property limits, for beach replenishment. The proposed dredging project will be located within Rancho San Joaquin, landward of the adjudicated mean high tide line along the shore of Newport Bay as set forth in Orange County v. The Irvine Company, Superior Court Case Number 20436, Superior Court of Orange County. Accordingly, the CSLC presently asserts no claim that the project intrudes onto sovereign lands or that it would lie in an area that is subject to the public easement in navigable waters. This conclusion is without prejudice to any future assertion of state ownership or public rights, should circumstances change, or should additional information come to our attention. If you have any questions, please contact Jennifer Lucchesi at (916) 574-0234. Sincerely, Mar Howe Y Public Land Manager II cc: Jennifer Lucchesi Jul 29 2004 5:45AM WARREN PERSON 9496754936 P.1 RISK DISCLAIMER This agreement forJRisk Disc 'mer, is made and entered into this _ day of : o, 2004, by ri , in partial fulfillment of the Conditions of ATh ppr val of e City of Newport Beach Harbor Resources Division Harbor Permit Application No. 2 - y2r1 -,as required by the Cal Nomis Coastal Commission ("Commission"). RECITALS A. WO-0—Ul. fled with the City, Harbor Permit Application No. i 3 Z , yz7 to obtain the permits necessary for maintenance dredging of material in front of the residential property in the City of Newport Beach, Orange County, which is located with the California Coastal Zone. (Dredged material to be hauled to sea and dumped or placed on an adjacent bead.) B. The Commission has imposed various conditions upon its approval of Harbor Permit Application No. 13 Z - 4 2,7 for the dredging. C. In compliance with the conditions imposed by the Commission,�PJI�� hereby acknowledges and agrees as follows: COVENANTS RISK DISCLAIMER A. By acceptance of these Permits,W[i iiCU1r. PQ('&C acknowledges and agrees that the site may be subject to hazards from waves, erosion and the like and that the dredging authorized by these Permits is not permanent but is temporary and does not provide long term protection. IN WITNESS WHEREOF, this Agreement has boon executed the day and year first above wriKen. Property Owner L Gn t Property Addres CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 July 27, 2004 California Coastal Commission Attn: Karl Schwing 200 Oceangate, STE 1000 Long Beach, CA 90802-4416 RE: 433 Harbor Island Drive Dredging Application Dear Karl, In a recent email correspondence, you requested a letter from the fee owner of the property at 433 Harbor Island Dr. in order to complete the dredging application. Upon researching this request, it was discovered that the property lines for this address extend out to the center of the channel as can be seen by the attached aerial photo generated from the City's website. The applicant owns this water out to the center of the channel. Therefore, a letter from the fee owner is not applicable for this address. I hope this explanation is acceptable. Please feel free to call if you should have any questions or require further clarification. Thank you, Chris Miller Harbor Resources CMill erQcity.newport-b each. ca. us (949) 644-3043 1-0 C2 CD 0 Harbor Resources Division Memorandum Date: July 29, 2004 To: Karl Schwing, California Coastal Commission From: Chris Miller, Supervisor Subject: 433 Harbor Island Drive Dredging Attached are the documents you requested in order to complete the application for dredging for 433 Harbor Island Drive. 1. Letter from the California State Lands Commission 2. Risk Disclaimer signed by the applicant 3. Letter from fee owner, if applicable 4. A stamped and signed drawing of the site. I noticed I may have omitted this in my previous submittal to you. I hope this satisfies your requirements for this application. Please give me a call if you have any additional questions or concerns. Chris Mark Sites P. O. Box 498 Balboa Island, CA 92662 (949) 675-1071 March 14, 2004 Alex Fishman 439 Harbor Island Drive Newport Beach, CA 92660 Dear Mr. Fishman, This letter is to inform you that your neighbor, Mr. Person, at 433 Harbor Island Drive, has applied for a permit to dredge. The proposed project is shown in the accompanying drawing. The city's Harbor Resources Department asks that this notice be sent as a courtesy. Any questions you may have should be directed to that department's supervisor, Mr. Chris Miller, at (949)644-3043. Sincerely, // /6- Z- J-1 L - �C,4 t Mark Sites Intracoastal Dredging MAY BE USED FOR DOMESTIC AND INTERNA�T pEgLOMAMAD VIDE FORI PRO MAY INSURANCE—POSTMASTERNOT o'c Received From: z y� 0 o mU O A 1~ C � m m '^ One piece of ordinary �" z mail addressed to: o J o E c �O 3ACD «)x-0.� -n>- 4 WLn 7�0)m00 --+ -n>m v7 :D 2 M m D PS Form 3817, Mar. 1989 / 6� PS i Mark Sites P. O. Box 498 Balboa Island, CA 92662 (949) 675-1071 March 14, 2004 Martin Litke 427 Harbor Island Drive Newport Beach, CA 92660 Dear Mr. Litke, This letter is to inform you that your neighbor, Mr. Person, at 433 Harbor Island Drive, has applied for a permit to dredge. The proposed project is shown in the accompanying drawing. The city's Harbor Resources Department asks that this notice be sent as a courtesy. Any questions you may have should be directed to that department's supervisor, Mr. Chris Miller, at (949) 644-3043. Sincerely, Mark Sites Intracoastal Dredging 'VIA Y sE _I: mot CERTIFICgTE P 'VIDE Fpq INICS(j RRANDOMESTIC gryp INT CE—p ERNATIONAOF RAILIIVC, - ceived Fr OSTMASTER MAIL, DOES ry0 om' nPs and of oo �lv ant c � y o CIS T One Piece of ordinary mail Mar. 1989 .� r1 N A►RTIN K. LITKE, M.D. 427 Harbor Island Drive Newport Beach, CA 92660 June 20. 1997 A."3z' y27 Tony Meium,Deputy Chief Environmental Management Division 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658-8915 Dear Mr. Melum: Wes Armand, during a recent conversation, advised us to put in writing for your files our request to. be informed_ of any proposed 'gangway,. ramp, dock, etc_ revisions or variances on the part of Warren Person, 433 Harbor Island Drive. Previous attemps to reconfigure our shared facility were vehemently opposed by us and 53 immediate neighbors, who signed a petition to that effect. Thus we request notification of any change requests. Thank you. Yours truly, Martin H. Litke, M.D. DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS 911 WILSHIRE BOULEVARD LOS ANGELES, CALIFORNIA 90017 EPLY TO ATTENTION OF: Office of the Chief Regulatory Branch Tony Melum Tidelands Coordinator P.O. Box 1768 Newport Beach, California 92658-8915 May 13, 1997 SUBJECT: NOTICE TO PROCEED (File No. 97-00235-SDM) Dear Mr. Melum: Reference is made to your letter dated January 27, 1997 in which you submitted on behalf of Mr. Person who resides at 433 Harbor Island Drive a notification for the maintenance dredging of 90 cubic yards of sand and silt material by hydraulic suction and disposal of the dredged material on the adjacent beach. Based on the furnished information, we have determined that the proposed maintenance dredging activity complies with the terms and conditions of Permit No. 89-211- GS provided that Mr. Person's contractor does not exceed the maximum dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW. If you have any questions, please contact Spencer D. MacNeil of my staff at (213) 452-3417. Please refer to this letter and 97-00235-SDM in your reply. m6-Ax,(LI Mark Durham Chief, South Coast Section Enclosure(s) t, „ , Own ! i � nl�Pl• U nrfr"M/ �A • t :MIv� 0 e, i •ed d//+ VICINITY SKETCH �•••�r i e.,,, New+sowF O.a � C.at irs�wl� yi � = lirr SOt��pin9� oi� �pirssod /�+ fief and , d..•ote d�frn� 0�/ow �rtot Gow►ea Le.v M/efir� �b1or/w.vr.. ,Volpe se fides op�ros/�q/.Iy �l0 f �loi6or /,fires are dvoami5A061 n. iAis . dtefiaa oi'New►�.r dej. �Z7 7 8 6 � 9 dia- Od / e.4Ac/ TS AI,4AoIPe "',I s s-ZZ B L,r. Titer t7� / • .4O s ti 3 . r A / „ the/n►4 ,-1i,c..- ,,,..�,�. rj_y/ 97 1 aJ EACH o-AHBOR PERMIT ERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL. THE RIGHTS GIVEN UNDER THIS PERMIT ARE MISSNE ONLY AND THIS PERMIT MAY REVOKED IN ACCORDANCE WiTHE CITY COUNCIL ,i7 OF E. uNlctael r flAKBUR COORDNVA "ERMtT NO. DATE PERM ISSUED SUBJECT TO DREDGE MATERIAL BEING HAULED TO SEA PLACED ON BEACH_ HARBOR PERMIT APPLIC&TICH City of Ne=Qrt Beach Fire &: Mar Please Print: (Front & Back) Warren H. Person (714) 675-4710 1. App icant Property Owner ess Telephone' 433 Harbor Island Drivel N olect ess street a c rt Beach 3. New Constructs Revision Maintenance Dredging x 4. Fee $358.00 V Check No.-*7784 Date 4/17/97 S. Brief Description of Proposed Work:,maintenance dredging 6. Submit Drawings(3) Include: 1.1jocation and dimension of proposed structure 2. Location of bulkhead 3. Location of property lines and lot size 4. Location of channel markers within 200 feet of proposed project 5. Exstingr ground profile, and area and profile of any dredgingr with elevations showing depth relative to MLLW 6. Elevations of top and bottom of piles and bulkheads with respect to Mf,T,W 7. Any special conditions affecting the construction or affecting boating operations. 7. Owner Builder/Contractor Decla-ration/Insurance Information 7. Applicant's/Agent's Signature Date 4/18/97 8. Work can begin once the City has received evidence of the following additional approvals and ym have been notified. to proceed: OFFICE USE ONLY Approval in Concept. Date Approval of the City of Newport Beach Council. Date Approval of the Army Corps of Engineers. Date Approval of the California Coastal Commission. Date Approval of the City's Public Works Department. Date Approval of the City's Building Department. Date County of Orange. Date Issued. (Permit is stamped drawing) Date Site Inspecticn.(call 644-3043 for appointment) Date Site Re -Inspection. Date Conditions: I hereby affirm that I am BUICK exempt from the contractor's law for.the following reasons: tor's license Professions Code (Sec.7031d.5, Business and ) �y City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, per error `to its issuance, also re Perm - to file a signed statementres the applicant for such the Provision of the Contractors License Law (meted P�'suant to ' ccmMe:ncing with Section 7000) of Division 3 of the ,Busi Professions Code) or that he is exempt Hess and for the alleged exemption. Any violaattion of Sectionrom d7031,the basis applicant for a pernut subjects the a licant to a 5 by any for 'not more than five hundred dollars civil pernalty ($500) . I, as owner of the property, or tMe r sole compensation, will do the work,employeesswith wages as not, intended or offered for sale (Sec. 7044, Business andture is Professions Code: The Contractor's License Law does not apply to an owner of property who builds'or not thereon, and h does such work himself or through his own employees such improvements are not In or offeredf Prsale. ded If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of Poving that he did not build or improve for the propose for sale.) I, as owner of the propert wi icensed contractors to construct t exclusively ect(Sec. 7044 contracting Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or i and who contracts for such projects with a Contracttor'�(s)tLicense pursuant to the Contractor's License Law). I am exempt under Sec. ro essions Code for this reason: of Business and Owner Signature Date Contractor Shelimaker Inc. Telephone (714) 548-5359 Address 875 "B" West lath Street, Newport Beach, CA 92663 License Class A_ State Board No,561434 City License No.96002210 I her L CESED CaNTRACTOR , S DEC LARATIM eby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professsions Code, and is e full force and effect. Contractor Signature C. Date April 18, 1997 z� PEtuiIT NO. DREDGING APPLICATION Project Locatign: 433 Harbor Island Drive, Newport Beach CA 9266`0 Cubic Yards to be Dredged: 90 cubic.yards Method of Dredging: hydraulic suction Nature of Dredged Material: ,and/silt Disposition of Dredged Material: n„mn nnro adiacent beach Method of Material Disposition:: nineline Turbidity Control Method: turbidity curtain as required Effect of dredging on contiguous bulkheading and beaches restores beach and reinforces bulkhead If T.nrpn7p C. millp hereby state that I have read the U. S. Army (print name Corps of Engineers permit for maintenance dredging in Newport Harbor, the. City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein.. ;Additionally I y guarantee that the proposed. dredging will not occur because of any altering of -existing use of the affected zone. Warren Person Applicant -type name Contractor -type name April 18, 1997 (Date) oC. Signed: Con actor s Representative. w.N Opp NEwpaer 86.4CN • s�J' z ti op •*�' ti O •/fwNf t Z :.f.�r. VICINITY SKETCH �^••�mr� IS • Nt.i►1+te� b4Y C/1i�/O4NIY e... • lfl�y S'ovnp%ngs OP& OXA-vesssd 'Pot Tiff One &&Aote ds/IPA 5 OI/ow Afeepi Cowo, 9,,, Wo lav^ W&&j=%oAg pOtlp• e< Opppolll"i lY w fN% NOibo, /,., are eato4/rs��d Jr. �J�.s . i testiom oedvew .es •ti3 tn4"1 • 48 4C W. Wit Ci T Y w NZWOORr &AWCW R6MA& ArgAos /.I rrt ro: v I PW f� Q L hM ��•i Q �f/Iw - i -so o•o A • �ra.,.� D t o ` dry` e de r Our Liw1 � e Off, �goesof op-1 ov i VICINITY SKETCH �••• ►, s,,. New powf Oar, Cat eroOM/a � 3d" .rON/Ip�iI�9� oro o�,oiessod /n loro *Ad ammoof dM�aa &*/o.r Mfoof 4owy 49e.v Wbh� Mor"0 ssafP• se /ids oyrot/agi 0>0 /n !ve-A Moibor /,iirs - asf ti�vll�yAsd w. iwis ;��fnr. N'Ntw.,wt dart 1 7 h 8 9 /o AX sis air Pl�reoeasoilzmv- 33 J R WAP// j ` o • Are �^ N ♦ ~ go O R r Q 1 V1CIWITY SKETCH aw..mr., �... SOt�4�e s orr ' dipre= 4ee%�+► M��ato.v •,�ew•e� ones dd.e�e reoP• aeei�oN�jAod�,,,'.vA:�°�.1y r!D �iwt Norio /.ies s . ,t*vjtiM oi'Hew,p�f Son v - OA r� REPORT FOR THE CITY COUNCIL AGENDA For Agenda of: 2- Date A. Title of report: B. Report initiated by: Date City Council Date City Manager Date2:2-- Other a resolution, ordinance, agreement or other legal matter? C. Does the report include Yes No D. Do es the report recommend an expenditure? Were the funds budgeted in the approved budget? Yes —� No Has it been approved by the Finance Director? Yes No E. List any other departure is the report affects: 3. 1. 4. 2. Has it been discussed with eac ? Yes No F, List any att chments: 1. 2. 3. G. Evaluate the potential environmental impact of this enda Item: 1, No potential impact Class 2, Categorically exempt 3. Negative declaration 4, Environmental Impact Report Date: Submitted by: FA 1.9 C. REPORT FOR THE CITY COUNCIL AGENDA For Agenda of: Date Title of report: Report initiated by: City Council Date City Manager Date Other Date Does the report include a resolution, ordinance, agreement or other legal matter? Yes No Does the report recommend an expenditure? Were the funds budgeted in the approved budget? Yes No Has it been approved by the Finance Director? Yes No E. List any other departments the report affects: 1. 3. 2. 4. Has it been discussed with each? Yes No F List any attachments: 1. 2. 3. G. Evaluate the potential environmental impact of this Agenda Item: 1. No potential impact 2. Categorically exempt 3. Negative declaration 4. Environmental Impact Report Class Submitted by: Date: SEW PO ° m CITY OF NEWPORT BEACH U ? P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 February 8, 1995 Swift Slip 500 - 30th Street Newport Beach, CA 92663 Re: Harbor Permit 132-427 for Revision of the Dock Bayward of 433 Harbor Island Drive Dear Pete: It is my understanding that the applicant has requested that this matter be continued to the meeting of March 13th, 1995. In that regard, we will need all of the documents that the applicant proposes to submit by February 27th, 1995. If you have any questions, please contact me at (714) 644-3044. Very truly yours, Tony Me Um Acting Marine Director tmpete.rev 3300 Newport Boulevard, Newport Beach � SEW PO�� ° _ CITY OF NEWPORT BEACH U? P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C'9G/ Fp FiN`P January 16, 1995 Alex Fishman 439 Harbor Island Drive Newport Beach, CA 92660 Re: Attached diagrams for revision of the dock at 433 Harbor Island Drive Dear Mr. Fishman: For your information, attached is a proposed revision for the dock bayward of 433 Harbor Island Drive. My plan is to take this to the City Council for consideration on February 13, 1995. If you have any questions or concerns regarding this revision, please contact me at (714) 644-3044. Sincerely, Tony Melum Acting Marine Director 3300 Newport Boulevard, Newport Beach WARREN H. PERSON 433 HARBOR ISIANd DRIVE NEWPORT BEAch, CA[IFORNIA 92660 December 13, 1994 Marine Department Attn: Tony Melum City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mr. Melum: I need the City's permission to turn my dock 90' in order to accomodate my boat in front of my house at 433 Harbor Island Drive because my neighbor and pier co-permittee at 427 Harbor Island Drive will not grant me his permission. Obstensably, he says he does not want my boat there, but truthfully, the reason for his lack of cooperation is his dislike of me and my family. I purchased my 57' DeFever new in 1991 when 427 Harbor Island Drive was owned by a Charles Rotkin, who also owned a 50' Spoiler. Both of our boats were berthed in front of our homes. Mr Rotkin agreed to let me turn my dock as I am now requesting, but unfortunately, he lost his home. I was unaware of his financial problems or I would have done this two years ago. My wife and I were so upset with the complete lack of neighborly spirit in the new owner at 427 Island Drive, that we decided to sell our home. During the broker preview, our neighbor's wife improperly represented herself in order to secure entrance to our home whereupon she started yelling at the listing agent about illegal boats. She also made anonomous calls to Coldwell Banker claiming that the lot size was incorrect (another lie). Shortly after those incidents, we decided to stay in our house and fight for our rights. My boat is not extending over the property line at 427 Harbor Island Drive, but is at 439 Harbor Island Drive. That neighbor does not want me extending over his property line either, but is temporarily cooperative because I am only docked in front of my house one night a week for maintenance, while waiting to get my dock turned around. My neighbors at 427 Harbor Island Drive knew I had this boat when they purchased their house, and all I'm asking is for the City to respect my property rights. P.1 If further letters of support are needed, I have numerous neighbors on Harbor Island Drive who are ready to provide them. Sincerely, YA, W4--, Warren Person NAME ADDRE POSE AGILITY d PERMIT # i MAILING ADDRESS TEL PHONE NO. CHECK NO. FEE DATE p 3 0 APPROVED BY: DATE APPLICATION IS HEREBY MADE FOR A HARBOR PE MIT TO ' CONSTRUCTIREVISE A V� Sl�i �� �""` J�F✓ *1-'-�rC OCHD AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF ENGR NEWPORT BEACH PERMIT POLICI"THEATTADRAWING BY COMPANY COUNCIL DATED PUBLIC WO. KS� - PT� DATE 10 INSPECTION o -lyvw SPECIAL CONDITIONS:) r III r yr n�wrvn r�cr�t n, �;nur. WX FORM 6..... WIFT SLIP DOCK AND PIER BUILDERS 500 - 3M Street Newport Beach, CA 92663 Telephone: (714) 723-5550 FAX COVER LETTER FAX to (714) 723-6502 DATE: PAGES TRANSMITTED INCLUDING COVER LETTR: , TO: COMPANY NAME: FAX NUMBER: SUBJECT: MESSAGE: n PLEASE RESPOND FOR YOUR INFORMATION_.._ .— OWGINALS NAILED WAITING FOR YOUR REPLY FROM: � REPORT FOR THE CITY COUNCIL AGENDA For Agenda of: 11/28/94 Date A. Title of report: HARBOR PERMIT APPLICATION 132-427 BY WARREN PERSON TO REVISE THE RESIDENTIAL FLOAT AND CONSTRUCT TWO GROIN WALLS BAYWARD OF 433 HARBOR ISLAND DRIVE B. Report initiated by: City Council Date City Manager Date Other Applicant Datg 11/16/94 C. Does the report include a resolution, ordinance, agreement or other legal matter? Yes No X D. Does the report recommend an expenditure? Were the funds budgeted in the approved budget? Yes No X Has it been approved by the Finance Director? Yes No E. List any other departments the report affects: 1, Public Works 3 2. 4. Has it been discussed with each? Yes X No F. List any attachments: 1, Diagram of Revision 2. 3. G. Evaluate the potential environmental impact of this Agenda Item: 1. No potential impact X 2. Categorically exempt Class 3. Negative declaration 4. Environmental Impact Report Submitted by: / Date: `1171e,(.4 CITY OF NEWPORT BEACH Marine Department November 16, 1994 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 132-427 BY WARREN PERSON TO REVISE THE RESIDENTIAL FLOAT AND CONSTRUCT TWO GROIN WALLS BAYWARD OF 433 HARBOR ISLAND DRIVE Recommendation: If desired, approve the application subject to the following conditions: 1. Approval of the Army Crops of Engineers. 2. Approval of the California Coastal Commission. 3. Review of the plans and specifications by the City's Public Works Department. Discussion• This application is before the City Council as required by Section S.B. of the Harbor Permit Policies which states: 5.B. "Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to standard drawings and the adopted Harbor Permit Policies." Currently, there are no standard drawings regarding the installation of groin walls bayward of residentially zoned properties. However, groin walls are routinely installed bayward of residentially zoned properties where appropriate. In this particular location, the applicant is proposing the groin walls within his existing permit zone. They will be installed as a method of stabilizing the existing bottom profile to maintain the desired water depth for the berthing of his vessel at the revised dock. They would also maintain a sandy sloping beach bayward of his residence. All other aspects of the revision meet the City's Standard Drawings and the adopted Harbor Permit Policies. Tony Melum Acting Marine Director REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 2711 LOS ANGELES, CALIFORNIA 90053-2325 November 7, 1994 City of Newport Beach Attn: Mr. Tony Melum Tidelands Administrator P.O. Box 1768 Newport Beach, California 92658-8915 SUBJECT: NOTICE TO PROCEED (No. 95-039-BH) Dear Mr. Melum: Reference is made to your letter dated September 12, 1994 in which you submitted on behalf of the Mr. Warren Person at 433 Harbor Island Drive, a notification for the maintenance dredging of 90 cubic yards of sand and silt material by hydraulic suction and disposal of the dredged material to an adjacent beach replenishment area. Based on the furnished information, we have determined that the proposed maintenance dredging activity complies with the terms and conditions of Permit No. 89-211-GS provided that Mr. Person's contractor does not exceed the maximum dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW. If you have any questions, please contact Bruce Henderson at (213) 894-0351. Sincerely, John A. Gill Chief, Regulatory Branch C! jp i i 0row �'�" ��' 6F Q IV t Wa/-� • ..^I rswwMl •*�.. ,;�• �>><I'0` R,-�`�•y�wvs.. wiirrE f: , � O•G �iay.ba � ' �s � p �' sa•�.• ��AA•'`sue eN + a....Q �s e- - VIC1N1TY SKETCH w«,n,,, i ew,r toy • - /� / t 7 w LUIN Sovnp�,ngs ape e.fPpesaed in 4ei 040f d u.ole d®p��9 be/Ow ti/eph LOwtp low WoAs-r. fV/0/�/ww1/wio /on�I of didB OP/rDRinRO�e1r /O ✓eP HovBoa: ✓ii't3 oie a�lp�iisN�d dig ®f New vt: 60 a y33 ¢ • TI- T.3 Ole P�� / C'Aw P5 A/.4wA•e _� yrt n y !•'�/ co n I CITY,OF NEWPORT BEACH HARBOR P , ERiviIT I PEMASSION IS HEREBY .GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE' SITE "MICATED. SUBJECT TO THE PROVISIONS OF THE HARBOR PERM POLICIES OF NEWPORT BEACH AND ANY SPEa& CONDff"SL' LISTED HEREON. THIS . PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF r T ffi am- HARBOR COORDINATOR OR CRY'COUNCIL. THE -' WGW8 GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AM THIS PERMIT MAY EVOKED BY THE CRY COUNCIL INACfAROYRI�ICEfry}IRif* 1T OF TAUIpPkU. CODE. CITY HARBOR COORDINATOR PERMIT NO. DATE PERM.- NO. fi DREDGING APPLICATION Project Location: 433 Harbor Igland Drive Cubic Yards to be Dredged: 90 cubic yards Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Pump onto adjacent beach Method of Material Disposition: Pipeline Turbidity Control Method: Turbidity curtain as required Effect of dredging on contiguous bulkheading and beaches Restores beach and reinforces the bulkhead I, Lisa E. Miller , hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. Warren Person (Applicant -type name August 22, 1994 . (Date) Shellmaker Inc. Contractor -type name) Signed: Co tractor s Representative 1 CITY OF NEWPORT BEACH HARBOR PERMIT pgVMSMM a HEREBY GRANTED TO CONSTRUCT AND MAWMA THE FACILITY SHOWN ON THE REVERSE HEREOF. K THE WM MWED, SUBJECT 70 THE PROVISIONS OF THE HARBOR PWX POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERW 13 NOr 7RANSFERASLE WITHOUT THE MTTEN CONSENT OF THE MY NARIIOR COOROKAM OR CITY COUNCIL THE MMM &M UNDER THIS PERM T ARE PERIJIISBIVE ONLY N 00 AND IM PERAW MAY (ED BY1" THE CITY COUNCIL I ACCORIPACE 'murm COOL CITY HARBOR -COORDINATOR PERMIT NO. DATE to f."'.TERIAL EEING 27 A SEW PORT CITY OF NEWPORT BEACH V z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 �'gc�FoaN�P August 26, 1993 Warren Person 433 Harbor Island Drive Newport Beach, CA 92660 RE: Harbor permit 132-427 for the pier and float at 433 Harbor Island Drive Dear Mr. Person The City of Newport Beach has received a complaint regarding the above float. Specifically, the complaint is that a vessel the "Otradez" is being berthed at the above slip in violation of section 21-A of the Harbor permit policies which state: 11(21-A) Boats moored at private or public docks shall not extend beyond the projection of the property lines of the property to which the dock facility is connected in accordance with Section 20-C." On August 19, 1993 our field inspectors verified that the boat "Otradez" was in fact encroaching across the property line shared between 439 and 433 Harbor Island Drive. To preclude further action by the Marine Department, the offending vessel must be brought into compliance with the above quoted section of the Harbor permit policies. If you have any questions regarding this complaint, please give me a call at 644-3044. Sincerely, Tony Melum Deputy Director TM:ss TMFISHMA.LTR 3300 Newport Boulevard, Newport Beach PETITI PW J We. the undersigned are all residents of Linda Isle with houses located on the West side of the channel 'between Linda Isle and Saide Drive. e strongly object to the construction of 2 groins and a sea wall, the dredging and elimination of sand beach, and the re -orientation of the dock protruding into the channel at 433 Harbor Island Drive for the reasons stated in the attached document. NAME ADDRESS SIGNATURE �� .�i• L , p mid 0 0 �oH Y7 063� 57�11 ZZ 01'�e' $ i V, w1m��e No 5- a � ��e ' p--2�40> C, c�rclsl l�e 3 LIAJOL Isler L � LJ n� �,• fJ�• �P acz,�-. l �,� �nd�. � s ie VY �1111�D ) s 6 ►1 a; L `� / k ` 1: I �� -PEr1r1orq1 L r We, the undersigned are all residents of Harbor Island Drive and BaYside Drive with houses located on the East side of the channel behind Linda Isle. We all have beaches and docks on this channel. We strongly object to the construction of 2 groins and a sea wall, the dredging and elimination of sand beach, and the re -orientation of the dock protruding into the channel at 433 Harbor Island Drive for the reasons stated in the attached document. M.''ff DO ���.'I � ���=�• fir_ I .. ,. I Em, WA m 1111mmv Lzl- -'0 i _ �i P�ririon' I/,& AN We. the undersigned are all residents of Harbor Island Drive and Bayside Drive with houses located on the East side of the channel behind Linda Isle. We all have beaches and docks on this channel. We strongly object to the construction of 2 groins and a sea wall, the dredging and elimination of sand beach. and the re -orientation of the dock protruding into the channel at 433 Harbor Island Drive for the reasons stated in the attached document. NAME 89v� Z3G 3 AQQRSSS SIGNATURE Ae IL 3/6 Z73 7-3 73 L ! ' A,� 3 7/� Bd2� Ji 2 � ,.•ter--� ego SC,--C\qK(i i/ 14k4 � /w 1'e re Fli r)ETITIOri We, the undersigned are all residents of Linda Isle with houses located on the West side of the channel between Linda Isle and Sayside Drive. We strongly object to the. construction of 2 groins and a sea wall, the dredging and elimination of sand beach, and the re -orientation of the dock protruding into the channel at 433 Harbor Island Drive for the reasons stated in the attached document. NAME I ADORE59 I SIGNATURE -- n-1r�Or� -15LC •�� nli vc.L�� s- Lolela IfU ` /s--z 0 LOCATION STATUS SHEET HARBOR PERMITS 'TRANSFER Seller' Buyer. 1� PERMIT # �.1 Date Application Rec'v: 7 Date Fee Rec'v: Oral Request for -Inspection Escrow Co. Date 4. Structural REMARKS: D'h'YV. .a.wx s.tiaeu .> a e"ZT 4 ._ ... .. -_ �►M. - f . u rMAN r, E:-E,- 2 G - 9 2- 44ED 10".26 r. e% 1. c. l r to 875 B West 15th 8tre6t--- Newport Beach, California 92663 (714j548-5359 2�7 conipany - .1 1 1 ,� 7\ bate Time, A N di -n b e r 'J P;V AX N -berg (714)548-5315 3.nis vars-nimpFc., ion econtains pages inciuding th's cover sheet. y '1,0 7- F D 0 � �' — :2 1 S-1 -F Ll C D 6z — p . 0 1 Ag, u iU. OOL � -v . C. "al-iornia 92663 M C-4 5!D �,J f". , - x k ��f ; D a-vaTime. ,x o, t Ov. (714)-248-5315 This transmission contains page--s; —Juaing tr-i 3 o0var sne8t, $HCLO6.Wpd I F;E ;- 2 E, — 'D W E D 1 0 f' r - P _ %D 2 r f.� ♦fie+ � � f O4° •ir d �i T s+4IdR i eJ6 CA f+A4 Carly PAS 3 u?i t"r$Wr;L9aR+ 1°+�wiQ�ar"s Ib9arl/iY�P./�A + *7( aHiyo�bpr /r%f �' POST } U �? qC1 FORK CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 January 20, 1992 Swift Slip 500 30th Street Newport Beach, CA 92663 Re: Harbor Permit Revision 132-427 for property bayward of 433 Harbor Island Drive Dear Pete: We have set up a pending permit file for the above permit. We will need the following prior to processing the permit further: 1. Before issuing Approval in Concept we will need signed approval from the joint permittee for the revision to the dock and the groin wall, and 2. We will need a letter of approval and a signed drawing from the property owner on the east side of the property, acquiesing to the groin wall on the common property line between 433 and 439 Harbor Island Drive. After we have received these letters we will issue the Approval in Concept and after approval from Public Works, Army Corp of Engineers and the Coastal Commission we will be ready to issue the final permit. Please call me if you have questions. Sincerely, Tony Melum Tidelands Administrator 3300 Newport Boulevard, Newport Beach NAME APPROVED BY: OCHD ❑ ENG Wl COUJC ❑ PUB WORKS DEPT. ❑ ESCROW INSPECTION El��/ PR / ADDRESS OF PROPOSED FACILITY PERMIT �— ^-7 I / CHECK NO. DATE YELEPHONE NO. F APPLICATION IE�AFOR A HARBOR PERMIT DATE / A, '/ SPECIAL CONDITIONS:/A Z t pgNBTRbCP/REVISE A _ I AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OFI NEWPORBEACH PERMIT POLICIES AND THE ACHED DRAWING COMPANY BY DATED DATE 3 I _ SIGNATURE �I m WX FORM 68-1010 CITY OF NEWPORT BEACH, CALIF. I� C-Rc,nJ�ALL PRoF.LF- C/ TrY Nkvoo er CA vo ....... 417 IN 1C raffirm 1 ;d Pro.6 At, /•,= 30/ • T Low Q Ol I a r �s � N � t Q a.' 0 rill llry ewCQOA A R N VICI MI TY SKETCH w�fr�s>rr �: Ewrr NfwOORr 13AY CAI IF-ORNAIA r Sound/nqs owe expressed /n Feer( one d„�o{� dapfhs below Ajeorr Loavae Cow Wofer..Motirw.,s range of fide p rox/.»ole/Y ore eaiob/�she ii, 7/h:s , section af'Newpof,_Ba�: °!J � W , wA t,�. S Pock 1 i I oo i ' � 1 Li 433 DotC W / //Ye.S 1 kA/A VPM PrkAAA G/CANTS ., a L07- BGK, TRACT'�D`� ✓o e ` AoDes ss `/ 3 3 COA.IreAC rope 5 LJ I 'T- OArd2 40-7 -tea 7- DREDGING APPLICATION Project Location: 433 Harbor Island Rd. O,Ibic Yards to be Dredged: 90 Methcd of Dredging: i C�ir�i nr, Nature of Dredged Material: Disposition of Dredged Material: �,{,.vi 1r,o i„orQ! �,.�. t ? seac + rec amation Method of "Iaterial Disposition: '01„oiine transtort T::-biditV Control Method: �o���,.Q r?i onti.7�..•e rvi nr•i t-. ==i:ect of dredgi :a on contiguous bul cheadirg and beaches Reinforce/trotect bulk-dead-resto"e sand" to derleted beach =, ark Sites ereby stat_ that _T have read the u. S. zr:-ty ( print name) - Corps of Engineers pe=it :or maintenance dredging in "ew-zort arbcr, City of Newport Beach and Orange County Harbors. Beaches and _arks Di.sz_ict (if applicable) permit for maintenance dredging and t = _ I accep = provisions therein. Additionally I guarantee that the proposed dreddgina will act occur because of any altering of existing use of the af-fected =one. Warren Person npD 1icant-type name) Contractor -type :1arc) 10/13/91 (Date) Signed: o tIrtor' Representative Cl r Y ow' Nrwoo er d e.gcAv sib R T 4/A.e F AILWI .pss a+.,�• scwwp D Q sells. Cetaaw C'e. VICINITY SKETCH wu''anr #48w"ffr bwY Qu liraismA P 'Las SOL/nd"ngp5 Cre sfioiessed /sr isei and drnoie crop 01As below A-re0.7 Lower Gow Wofer. AjCz/.wc/wn rouge of ride !O 4-e4. AA rboe 4. 7rs are e�lob/�'slrsd /.+ �/�is . seefio r ofrmcw,rf Bor. 7 /3jGbS+1 � 3 f v f AP /c'A,vr's 70ACT m AD ss �9 3 ,^ %s 1a •, AOSr� OAD HT BEAC I T :- PERIMIT TED TO CONSTRUCT AND MAMTAiN " L gam;= L€ T' ' ON T"r- REVERSE HEREOF, AT THE SITE 9 .QICATED, k;*:-U'CCT TO TIAE p.ROVISIONS 00 THE HARBOR PERMIT OF I;II'WPOPIT $EACH AND ANY SPECIAL CfDN0,TIODI'S .ISIF,:o FIER EON. TH53 PERM17 IS NOT TRANSFERABLE 11°+RE:TEA CONSENT Of THE CITY HARBOR Coojj. D:gL;",-tan OR CITY Cf3UNCIL. THE RIGHTS GIVEN UNDER rHIS I7L'i.�i'£ -IRE Fa..R1.4i551VE ONLY AND THIS PERMIT IVI-%Y 3E REVL I' EO `:Y THE Ct6 . y COUNCIL IN ACCORDANCE WITH TITLE 17 OF 74% slwF' CODE. cITnsti ., :_ no, PERFAIT NO. PERMIT ISSUED SUBJECT TO DREDGE MATERIAL BEING HAtXED Tfl SEA PLACED ON BEACH, SPECIAl CONDjiiONS: Coftw Of Enjims PeIpt Or4Uige County Pirm. it <r6-->-- �-; -�� 9`�"�-�� I* Cl T Y co /VEwP4,Pr B�AcN R I W// :UR&A S/ p U e wawNi +�*f H by 0 Iwceo� ire &as z e...�. 0 C E^9 ti lb VICINITY SKETCH N crvieRr DAY, C..t troa-14 yr / �trry S'0t/ndon9,s ore, e.roressed ,» fsri one dirofe o'ip,oh5 be/Ow yleorf Lawer /.*W Wofsr. ewarn.w�.r ran p o of Hale /O VC&vl t/0roor 4. 7 C.S aie ealob/tSheel n► "h%s . secf o r of Newp4+f 450r <--- q33 4 I—� �y� b 7 8 9 Ax /C'A�vTS arc i or BC,r. T, ,4cr .✓ s D sS . L13 r e 1S / 10A CAQ7WAC rbOArX 474 ".NTED Ti} CONSTRUCT AND MAINTAIN '.':± ? %ro;::LiTY ',k S;.:i� ON THE'REVERSE HEREOF - AT THE %I a:tg:CAYEl?, >= C'T TO T141: PROVISIONS OF THE HARBOR PERMIT P 3L.'eff_; OF NEWPt)PT BEACH AND ANY SPECIAL CONDITIWIS :dSi .0 t?EFti:ON. THIS PERMIT IS NOT TRANSFERABLE 41I � Y1e7U T ►i; 1� fii :TL"J -GoNSENT OF THE CITY HA':SOW Cc)OFtUiFd;' ;'OR 'JR CITY C*.IUNCIL. THE RIGHTS GIVEN UNDER THIS PL"ky+=tl 3.pE E'ER;,4SKIVE ONLY AND THIS PERMIT MAY ijC REVi KZD ''Y THE [;I: Y COUNCIL 114 ACCORDANCE WITH TITLE 17 OF T �N;CM"#_ L CODE. 13a- v - -�PER-MIT NO. PERMIT ISSUED SUBJECT TO DREDGE MATERIAL BEING !MAULED TO SEA PLACED ON BEACH c� PECIAL CONDITIONS: omrage /.52 2 Cl T Y oP' N�'fYPO,PT B�ACN xK � � i U Hi PoOF�LE _ ti- r ,tom O 0/ AP 00 fists, ltANp of O oss •+et VICINITY- SKETCH NfwP*Rr bnY CatWeaMIA ' "r7 S'0j/, ndi»9s ope eXpiessed /» Atev and deir01e depths below Afeor/ Lower Low Wofrr. 449MOW-I'm ro s9e air Hole opprox/aso/r/y /O +r�e,� JSrorbor Xi%!OS are esiob//shso' as Vhis . seefio s of*dV&W, l Bor. ft'e) J '%n 7 V Gv� 7° • 4- 80L�fHF J IJ S ,�7DG/L r p� .,rs AlAme-I l L'E SS lsx,4A,lp f%e"t," r� �l° 9no fa BcK, T,eACr; 3z83 P,vreAere Ar SM D.'1 _0 tff OF NEWPORT BEACH -TR y epi, -.U----T AND IPERMISSION InAINTAIN Tur rtcvLfry AT THE SiTna. -1--, AND THE ANY SFZCa'.AL IS NOT THE MY RIG14TS GA"ZW L AND TrNIZZ FERN-,'�T IN ACCOCCAll":E W 77�TLE 17 GF 1`r P416' ;fJOE- .0 -m-'kt�knw - Ton oft ral. iv. J1 TE......... 1. c Cl r Y ar / zwoo er cam__-z_-tc�� C 111 ! Al !e 9YA Pooh/LE.. M. 7�H H'. ® O o � I � N �. w �'*�' wf..i•fr '� � R T 0 •wceoA /,fi ffgrN Q lLANp D c ,.o,.• / c cov's— O V I C I N I T Y SKETCH wur -lorry fwt� NfWIORr DAY, CAL WORNIA y t L Jerry S'oundinys are eXpiessed !n feeJA and C101PO e dip/hs below 4fcor7 Lower- Low WoXe^ A4*rlsui" ronye of fide GpPrvxl�+so�li/y /C %ev Alorhor /Imes Ore eslobl!'shed in fh%s , secf/orr of NewPorf Sor: 194)1LJ1 !yD '7 'a, •��• ? N¢ 3253 � 1 ! � N� • 1 BU'4 45 - — i q 5 ; t7 s54 L / CA.vT 5 ; C></�,e�ES /2 �-l�� a✓ G o r: 3 B c K. — T,¢A cr• 3Z 8 3 TR,4vru���.v r�Qvs, �eB ADO�ESSS 4,Z? /CIA /� D ._ I��r'►�/� ,O/el- � CoA mAPACroAr- O�4TE,'/? Z�I�i OF -NIEWPORT BEACH HARBOR PE. MIT PERfAISSION IS HER-FBY GRAPITED "Co. CON'STPUCT A.N. MAINTAIN THr- FACILITY SMLyj.+rp.g - " 0`�" "L mo— i'm AT THE SITE UPIDICATEED, S Ely THE HARBOR Pffnf,?-,.'T 0 ANY SPECM.L -T P.-ACH APQ�' Is NOT 711 THE Cj'ry RIGHTS Ga`VF-j4 AND THIS PEK-MUT t., IN ACCORDANCE J;d.-FN is LE 17 - c i . CODE. JHV� k, '7c) ON u DATE ....... RE SPECIAL CONDITIOINS: Coms nf ErIginears Per,71., Orange Courez, P6rfQ Other Cl r Y aw NE000gr d c.4c w S1T� T Lor eoeh /n"s'!' ps to, Ito ti I WOW Lim-¢ ,393 � b 04, Olt 4 Now /ifL ffoe•.y Q 0 /wLQOA D rp Q if w)a' I.4 N+ Qoa O w afa wrest VICI MITY SKETCH Av"r'trry e Nfwiegr BwY, CAL i`oams,% y Jer/r ILIS 30' Scum p4nys opr a ariCSSL-d /n ferf and dsnofN drptAs be/ow tileor) LOWQr Gow Woftr. �t/lox/ .a. roe9dp of Male opprox/.rso�./y /O { Horbor //ices ore es�ob/is�@d iir �i,:s . sec>sie.� oFN�wpo.f Sor L/C-4k1rs e/ o 407- BGK, TRACT ,/oe Aooes$s " J-133 Ardpr /S/rh k_ COAAMACro.e OATS// / CITY OF NEWPORs-1 BEACH HA R B 0 R P E T PERMISSION IS HMrFBY M:,VZTCD TJ "Cl'TlUCT AND MASM—aAlN THE HErmov, 5,O7cS or io THE tlALQE-:0R AN Arai( sprCY-L AS f-e CIT A'XF-'� THIS P'U,-'4v,;7f L", 6.1 ACCORDAP.LE W-iT:1 Z;OE)r.. NO. DATE cl q 0 1h,"of 01 PER,,'%?,IT IS -SUM SU3jEcT 70 DRE-DG-E uk�,-R:AL HPLULED TO SEA_ Pukam C�q L--a-ACH iie Cl T Y ov' NEwPD,PT BEACH Low# SCOC.4 //7Ory' Rrdp ro+ �^ �.s� _3 D/s 1 v �. v v I IV, < ,oe � - - o, o ry f /�iLW/ At wfrrlll� *�' As � T 0 •wcQoA D /![i ffgrN Q 0.0 StAwo �S.D A Q } / l/r)r' -�- - •At�f any CO41MI O C e.'9 74 N VICINITY SKETCH wrrr /,7ry N[wiowr SAY CAL trastmlA y Jerry SOuhd/nys arf exowessed /rp %e', and dr�ofe drp fh s b eJow �eo.'7 Lower Low Wo fCr. ,vlor/...c,.,s ron9e of fide OpProx/nso�r/y !Oe"f Hgibor ties are estob//'shwd ir, 71s,:3 . secb.., of/1/ewPeit Bar 7 4 8 9 /O y s9.s ,s�oas•i �`3 f•,� Assn./CA-4ar5 AIAAee arrt,4 J.er o 407- BGK. %,¢ACT -laD A04ozes5 yt 3,3 ardo/^ /S%h lcoAlrwc rom S DATE// / fr NEWPGR'Y BEACH HARBOUl PEnMIT Pmmossiou is Hmnmmy GFJ3NTM TO �',,-ONSTRUCT AND APA;M-aAlN THE FACEUTY ON UEREOF, AT TO :rV.S:ONS 0�� T;IIF- SITE THE illkq&nrlia cZ C---Y I AND ANY SPEC"t',L CC!'- ZY G PS N OT TR A!" TMCK Cil"Y vt ON — AND THIS Viiif,"d IN ACCORDP"P-.CE V61T.-I 'ti"YL-1 P-ee 7 c CODE. HATOR CiTy M ,�r7rtlff NO. DATE -','Jiki- U-VNNID, WIS., rs- ---j perrrd Pr-,R.k?,IT ISSUED SUaJECT TO DREDGE � AffETEAL R-�-'MMIG .11 HAULED- TO MACED ON BEACH -iie Cl r Y ox' Nzopaer d rA W xx� 1 :z a�w;— OU No PG,dF_/LE'_ 4C a \�•� Ar E hr r hit I0� me C% - -- 'c IwcleA D �tAA►I e �;; I' •.. GKIN/ VICINITY SKETCH '""''«r Nswtewr &AV Cat frsamm �xrrr ,tom S'oundinys ore a rprerseef feel$ once do,0e30e depths be%w Meoh Lower Zow WbArn Moxn.w.i, raA9e of �idc oPProz,•noily /O+iref ,�lorbor /iitc5 are esio6//shed A 7'bis . SC0hd i ofA/ewporf Bor . ,-�p1 t) E ?7e' � • .� 39• LO,o r yj• ¢ 3Zg3 10 ex r .k►�' �4 ;S9.4a . fs 9�F 170 GN , '-' te, olv ')e Ai0 6�/9 9 /CA4vTS : CsfA,et_ES .%. 12A BLK, T,eAC 3783 _1.A AoapESs: 427 /-/A jef•�o2 'VAivo COArnrACTOA: F :__ r NO. Z*7 Z- q,2, Z - 2- DREDGING APPLICATION Project Location: 433 Harbor Island Drive Cubic 'bards to be Dredged: 90 Method of Dredging: R�rirut�l i rt C»nti nr, Nature of Dredged Material: S nc3/ai 1 t Disposition of Dredged Material: ptalira t,+onsnnrt to b ach reclamation areA_ Method of Material Disposition: Pipeline transport Turbidity Control Method: R�Ai�rP. rii sn+ lg c,R vol nfJ tam _ __feet of dredging on contiguous bulkheadirg and beaches Reinforce/protect bulkhead -restore -sand to derleted 'peach I► Mark Sites , hereby state that I have read the U. S. r:�v (print name) Corps of Engineers permit `or maintenance dredging in Newport Harbcr, = e City of Newport Beach and Orange County Harbors,Beaches and ?arks District (if applicable) permit for maintenance dredging and that I accep, a'i the provisions therein. Additionally I guarantee that the proposed dre?gina will not occur because of any altering of existing use o:: the of-ected zone. Warren H. Person e hpp scant -type name) Contractor -type nam ) 11/12/ 87 (Date) Signed: C ntractor's Representative DETACH AND RETAIN THIS STATEMENT GOLD COUNTRYESCROW, INC. THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW. IF NOT CORRECT PLEASE NOTIFY US PROMPTLY, NO RECEIPT DESIRED DELUXE FORM WVO-4 V-2 DATE DESCRIPTION AMOUNT 12/21/89 Pier Transfer Fee $275.00*** Property Address: 427 Harbor Island Drive, Newport Beach, CA Escrow No. 6003-MB` Sales Price: $1,400,000.00 Recorded: December 20,;1989 Seller: Lawrence A. Diamant,- Trustee in Bankruptcy for Kenneth L. Dufour and Gail M. Dufour, Debtors, Bankruptcy No. LA88=12305-CA Buyer: Charles J. Rotkin and Barbara W. Rotkin Listing/Selling Broker: CENTURY 21 Inland Pacific dyt THANK YOU V-z f STATUS SHEET HARBOR PERMIT TRANSFER LOCATION PERMIT NO. 173 Z- _P Seller U ►-. Q _ vPO Buye Date Application Received: '_U Date. Fee Received: Request for Inspection made by: Escrow Co. Date Escrow Officer Escrow No. Address Phone: Date Inspection made: Deficiency Letter sent: Transfer completed: Inspection: 1. Location UK 3. Electrical: 4. Structural: 0.Y-,_ S.OTHER• Date Deficiency corrected: REMARKS: Inspected by: � \ k - a37�n CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 30, 1987 •Jean at Residential Escrow 1470 Jamboree Road Newport Beach, CA 92660 Dear Sir: The City of Newport Beach Marine Department has recived a request to transfer, ier permit # 132-427-2 for the property located at 433 Harbor Tsland Drive Newport Beach, C7. We�,0cannot transfer the pier permit until the following deficiencies have been corrected and we have been notified: For your information: the electrical conduit is loose, needs repair. Be sure to have the 3. transfer card. joint owner of the pier sign the 4. The structure was inspected on 11/30/87 and in accordance with .Section 10-D of the Harbor Permit Policies it cannot be transferred until it meets City requirements. 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." 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 notified, the structure will again be inspected and when the requirements have been met the pier permit will be transferred. (No need for notification). PLEASE TELEPHONE (714) 644-3044 TO REQUEST A REINSPECTION OF THE STRUCTURE. If you have questions please call this number. Sinc ly, / ,00440%,'- Tony 'm Tidelands Administrator 3300 Newport Boulevard, Newport Beach STATUS SHEET HARBOR PERMIT TRANSFER LOCATION ,(�� r PERMIT NO. (=CAL% -z Seller Wi �4- 12, ' Date Application Received_:_ i ��' ��— to Fee Received: 0 Request for Inspection made by: 0o� Escrow Co �✓ e•�rc Date -----� " z s �7 -- �u�Escrow Officer Escrow No. Address Phene: �rl.. "7 7 r Date Inspection made: �� D Deficiency Letter sent: Deficiency corrected: Transfer completed: Date r Inspection: 1. Location 2. Plumbing: 4. Structural: 5.OTHER: REMARKS: Inspected by: 1 C. CITY OF NEWPORT BEACH August 14, 1986 Starboard Escrow 1617 Westcliff Drive Suite 109 Newport Beach, CA 92660 Dear Sir: The City of Newport Beach has received an application to transfer pier permit # 132-427 for the property located at 427 Harbor Island Drive Newport Beach, California. The structure was inspected on 8/7/86 at which time it was determined that the following deficiencies exist: 1• A City approved anti -syphon device is required at the water connection to the pier and float. 2. Loose conduit needs attention. 3, SINCE THIS IS.A JOINT PIER, THE SIGNATURE OF THE JOINT PIER OWNER IS ALSO REQUIRED ON THE PERMIT CARD. Please obtain this, signature and return the card to us. Our records show that 4. the joint owner is Edward M. Souza, at 493 Harbor Island Drive. 5. The permit will not be transferred until all three above items have been taken care of. In accordance with Section 10-D of the City Harbor Permit Policies: "All structural deficiencies must be corrected......", it will be necessary for these to be corrected. A permit for any electrical or plumbing work must be obtained from the Building Department of the City. All other work requires a Harbor Permit. Please advise this department when the above deficiencies have been corrected. If you have any questions, please contact me at 640=2156. Thank you for your cooperation. Sincerely, A* Tony Meldm, Tidelands Administrator City Hall - 3300 Newport Boulevard, Newport Beach, California 92663 -�^BUYERS' NAME(S) ADDRESS OF FACILITY: PERMIT # - AV, " / 3 ' MAIL NG�0 ADDRESS TELEPHONE NO. I FEE I CHECK NO. I DATE APPRI. JED BY: DATE APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT OCHD ,-'( SELLERS' NAME(S) BUYERS' NAME(S) ENG El (ABOVE NAMES TO BE TYPED) COUNCIL � SIGNATURE OF SELLER SIGNATURE OF BUYER u (.. rlra-a..c+.rrenaviv .-+, s:.ov...... C� CITY HARBOR COORDINATOR SPECIAL CONDITIONS: THIS :PERMIT IS REVOCABLE. BY THE CITY COUNCIL IN.. ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. CITY OF NEWPORT BEACH. CALIF, _ _ wx FORM aa.aaa acv_ _ DETACH AND RETAIN THIS STATEMENT 1Ht Al lAGH—J CHECK 19 IN rAYt.tENT OF ITEMS t FIIRIR— BELOW. STARBOARD ESCROW CORPORATION IF NOT CO T PLEASE NOTIFY US PROMPTLY. NO REUt-I UESIRED. DELUXE FORM WVO-3 V-2 DATE DESCRIPTION AMOUNT Aug. 8, 1986 Esnow # 3751-AM TxansfeA bee 6qt pien and dock box $230.00 addxes4 be,Law' 5 am DUFOUR / COLE 427 HaItbvn Z,stand Dtive Newpant Beach., Ca. d.s RESIDENTIAL ESCROW CORPORATION DETACH AND RETAIN THIS TIAIrDESCRI THE ATTACHED CHECK IS IN PAYMENT. OF ITEMS DESCRIBED BELOW. IF NOT CORRECT.: PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED. DELUXE FORM WVO-4 SPL N-224 AMOUNT DESCRIPTION DATE 12/01/87 Properly: 433 Harbor island Drive Newport Beach, Cal i forni @SCROW NO. 10129MS $**250e00** Funds due you Transfer Fee SElIerr Edward Souza to Warren Person N-224 STATUS SHEET HARBOR PERMIT TRANSFER Off 4-0 TA LOCATION 427 Harbor Island Drive PERMIT NO.132-427 Seller Jack Cole Buyer ''Kenneth Dufou i` Date Application Received: 8/5/86 Date(Fee Received: Request for Inspection made by: Escrow Co. Starboard Date 8/5/86 Escrow Officer Escrow No. 3751-AM Address 1617 Westcliff Dr. Ste 109 / Phene: 548-7723 Date Inspection made: 00� Deficiency Letter sent: Deficiency corrected: Transfer completed: _ Date Inspection: �� s I. Location 3. Electr.ical:.a ose i 4. Structural: �2� A9 -Z) /J �1°�;tv✓e��`�''�j` 5.OTHER• REMARKS: Inspected b PO�T CITY OF NEWPORT BEACH �'qc� Fo aN`P July 7, 1986 Kenneth Dufour 427 Harbor Island Dri.'ve Newport Beach, CA 92660 Dear Sir: The City of Newport Beach has received an application to transfer pier permit # 132-427 fbr the property located at 427 Harbor Island Drive, Newport Beach, California. The structure was inspected on 8/7/86 at which time it was determined that the following deficiencies exist: 1. A City -approved anti` -syphon device is required at the water connection to the pier and float. 2. Loose conduit needs attention. a c /C" Aq- w q To 8' .r 3. t9ccv+fc- cewyoc�Te ��s��.z 14 ce_ouu T 13 Lie a 0 E O cJ s T [ o .aT• v. In accordance with Section 10-D of the City Harbor Permit Policies: "All structural deficiencies must be corrected......", it will be necessary for these to be corrected. A permit for any electrical or plumbing work must be obtained from the Building Department.of the City. All other work requires a Harbor Permit. Please advise this department when the above deficiencies have been corrected. Another inspection will be made, and if the deficiency is solved; it will then be possible to transfer the pier to the new owner. If you have any questions, please contact me at 644-3044. Thank you for your cooperation. Sincerely, Tony Meldm, Tidelands Administrator City- Hall • 3300 Newport Boulevard, Ne�vport Beach. California 92663 BUYERS' NAME(S) DDRE,ErS OF FACILITY: PERMIT # 1113 MAILING ADDRESS b TELEPHONE NO. FEE CHECK NO. DATE 1 22 I " APPROVED BY: " DATE "" - -`' APPLICATION IS HEREBY MADE TO: TRANSFER HARBOR PERMIT OCHD El SELLERS' NAME(S) �' BUYERS' NAME(S) ENG - (ABOVE NAMES TO BE TYPED) i, El A COUNCIL ,. ' PUBLIC WORKS , SIGNATURE OF SELLER., SIGNATURE OF BUYER r �i: '* Cali `�.-�, DEPT.. ESCROW t_S a SIGNATURE OF SELLER , SIGNATURE OF BUYER INSPECTION a- -*13NA"A#'@W JOINT OWNER ' z` u APPBJ ICATION APPROVED (DATE) CITY HARBOR COORDINATOR SPECIACO° CONDITION- THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. RESIDENTIAL ESCROW CORPORATION THE ;DETACH AND RETECK 15 IN AINTHISIIS ISTATEMS MEDEScRIOED BELL IF NO, —RECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIREO. DELUXE -FORM WVO-4 SPL N-224 -DATE D SCRIPTION AMOUNT 6-5 Pier &`slip transfers 1304 & 1304 112 S. Bayfront and 433 Harbor Island Drive ESCROW NO. 6570-MS 440.00 w_22- residential11 escrow WE ENCLOSE THE FOLLOWING ITEMS: 1470 Jamboree Road Newport Beach, CA 92660 (714) 640.8772 Pier and slip transfer signed by ®ATE: June 20th 1984 McCallum and Souza. ICE: Escrow No. 6570-MS TO: City of Newport Beach P.O. Box 1768 - RESID/6 AL E_ ' CROW CORPORATION Newport Beach, Ca. MARINE DIVISION BY: Form NO. 210 Marilyn Sauter, Escrow Officer jh /_5 ;:? -�? SEW Pp�T c'��iFoaN�P December 27, 1978 CITY OF NEWPORT BEACH Jack Cole 427 Harbor Island Drive Newport Beach, CA 92660 Dear Mr. Cole: The Newport Beach Marine Department has received a complaint regarding the use of your residential pier. The complaint, specifically, is that the float is being used in violation of Harbor Permit Policy Section 1-A which states: "Shore connected piers and floats bayward of residential zoned areas shall be reserved for the occupants of the abutting upland property and controlled by the Harbor Permittee. Vessels moored at residential piers shall not create a nuisance with regard to vehicle parking, vessel waste, liveaboards, or'noise disturbances to adjoining residents." The situation will have to be corrected to avoid further action by the Marine Department. If you have any questions in this regard, please call 640-2156. Sincerely, Tony Melum Harbor Inspector Marine Department TM:11 cc: A. Selby, 864 Crafton Ave., Redlands (CF1592EJ) City hall • 3300 Newport Boulevard. N CITE' OF NEWPORT BEACH December 27, 1978 Michael McCallum 10400 Downey Avenue Downey, CA 90241 Dear Mr. McCallum: The Newport Beach Marine Department has received a complaint regarding the use of your residential pier. The complaint, specifically, is that the float is being used in violation of Harbor Permit Policy Section 1-A which states: "Shore connected piers and floats bayward of residential zoned areas shall be reserved for the occupants of the abutting upland property and controlled by the Harbor Permittee. Vessels moored at residential piers shall not create a nuisance with regard to vehicle parking, vessel waste, liveaboards, or noise disturbances to adjoining residents." The situation will have to be corrected to avoid further action by the Marine Department. If you have any questions in this regard, please call (714) 640-2156. Sincerely„ Tony Melumm Harbor Inspector Marine Department TM :11 - > [- CILf..Ei9Yf e &:/pt�ElAm.. cc: J. Peel, 4407 Seashore Dr., N.B. (CF3209FZ)�r� ��" R. MacDonald, 32 Sicilian Way, Long Beach (CF5838CG) V. M. McNaughton, 86 Linda Isle, N.B. (Angela) ic,---`rfl;e-i P() , ° CITY OF NEVt1'PORT BEACH December 27, 1978 Jack Cole 427 Harbor Island Drive Newport Beach, CA 92660 Dear Mr. Cole: The Newport Beach Marine Department has received a complaint regarding the use of your residential pier. The complaint, specifically, is that the float is being used in violation of Harbor Permit Policy Section 1-A which states: "Shore connected piers and floats bayward of residential zoned areas shall be reserved for the occupants of the abutting upland property and controlled by the Harbor Permittee. Vessels moored at residential piers shall not create a nuisance with regard to vehicle parking, vessel waste, liveaboards, or'noise disturbances to adjoining residents." The situation will have to be corrected to avoid further action by the Marine Department. If you have any questions in this regard, please call 640-2156. Sincerely, Tony Melum Harbor Inspector Marine Department TM:11 cc: A. Selby, 864 Crafton Ave., Redlands (CF1592EJ) CITY OF NEWPORT BEACH MARINE SAFETY DEPARTMENT RECORD OF ORAL INFORMATION From: A16.,_. � e-QW � � � iIn person Address: , la & Telecon (� �Y131- 9 9 — Oct 3 7 TO: ( �1�"�- �/t / / A1-4Je Div. L (M.S. DIRECTOR ASST.DIRECTOR'1 SUBJECT: C ^ File: Date: Outline of Information received i 4 A A given C =l r'^ Action Required Person Responsible Date Due: PUBLIC WORKS SIGNtITURE Q� }SELLER,� .� . DEPT. SIGIe"ATIIRE' OF BUYER .ESCROW . TIt#'Cf SIGMATURE OF SELLEi? 'SIGh7ATURE OF,BUYER'. e,� 4L 3 s a SIGtATURE 'd023 C7kYkEi} Zi CAT ED tI3ATE? SPECIAL COI�Ii71TAL & THIS PERMIT IS REVOCABLE BY THE CZT7'' GOUAiCiL II! ACCORL�AI+ICE OF 7`HEIYLi1sIICLE�4L C OIDE. VtiITH TITLE: 17 CITY OF NEfVPORT BEACH, CALIF. WX FOfthq 00.70 C9 REV,