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HomeMy WebLinkAboutM2014-0047Real Estate Services DevelopTient ROBERT D. OLSON Presiderit 2955 MAIN ST., THIRD FLOOR IRVINE, CA 92614 TEL: (949) 474-2001 FAX: (949) 222-3777 bob.olson@rdolson.com vrwAvjdolson.com BALBOA ISLAND IMPROVEMENT ASS'N P. O. BOX #64 BALBOA ISLAND, CALIFORNIA 92662 December 10, 1970 City Council 3300 -Newport Blvd. Newport Beach, Calif. 92660 Subject: Harbor Permit Application No. 152-345, Kenneth W. Dixon, 351 East Bay Front, Balboa Island, Enlargement of Slip. Honorable Mayor and Members of the City Council: A review of the subject Application has been completes by the members of the Board of Directors of this Asso- ciation. We respectfully request that this permit, No. 152-345, be denied. It is our understanding that the H,-rbor Per; -,,:it Policy for Balboa Island states that ... "any, additions or re- moOel.ing, shall be restricted to such changes that do not lessen the use of either the immediate water or land (bei c,,ch) areas." ;'his proposed remodelling, if finally approved, would: 1, approximately double the slip size (usinga static 631x 25' area). 2. cause dredging; on public beaches to be none while the City and County �:tre replenishing; sand on island public beaches, and 3. open the City policies to !question insofar as use of tidelands, obstruction of waterways, and denial of use of public beaches. sincerely yours, Tom Houston\ President c.c. G.M. Dawes Harbor and Tidelands Administrator FV7 U W4 hJ±1 1� 0. CITY OF NEWPORT BEACH To: Mr. lKenneth W. Dixon 351 East, Bay Front Da.?boa Island, California YOU 'WILL PLEASE TAICIE- NOTICE that the V'ty Co,=cil of the City of Newport Beach will hold a hearing on Monday, December 14, 1970, at 7:30 P. M., or as soon thereafter as the can low �i�uaau, Arx t1w Council Ch.a hers of the City Council 10CL,Lacl idi tao C.tty '111 .li, 3300 NewiDort Douleva.r°� ,,,Newport Beach, C lbfoa•�dia, to dvtc rivkixic: w.a ther or not Harbor Permit Application 1 S. -34�pprovod an Novom.lae r 9, 1970 to revise the slily bayward of ?51 1 ast Bay Fro.n?:, '3 �1'_,c��� 7s.i<w�d, should be rc;vu-ed. ' You, are requested to attend said hearing and show cause, if any you have, why saij a errant or rights should not be revolted. ' Dated: Novea ber 30, 1970 CI'T'Y 4F NEWPORT BEACH by order of the City Council LAlinA T,AGIOS City Cleric of the City of Newport Be ach cc: Harbor Coordinator f W '' • a�r8a....... � " .�64t� • • A7H54Q Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CAUFORNIA 90053.2325 Robert Olson c/o Jacquelyn Chung Swift Slip Dock and Pier Builders, Inc.. 2027 Placentia Avenue Costa Mesa, California 92627 Dear Mr. Olson: July 3, 2012 1r,52-35/ Reference is made to your request (File No. SPL -2012-00198) for a Department of the Army Permit to complete work within waters of the U.S. 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 work described below at 351 East Bayfront in Newport Bay within the city of Newport Beach, Orange County, California, as shown on the enclosed drawings. Specifically, you are authorized to conduct the removal of an existing 741 square foot "U" shaped floating dock and the installation of a replacement 741 square foot floating boat dock of the same dimensions within waters of the U.S. 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. Thank you for participating in our regulatory program. If you have any questions, please contact Jason Lambert of my staff at 213-452-3361 or via e-mail at Jason.P.Lambert@usace.army.mil. _2_ Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: htt-p://-Per2.nwT.usace.army.mil/survey.html. Sincerely, Corice J. Farrar Chief, Orange and Riverside Counties Section South Coast Branch Enclosure(s) PERMI'f T'EE DATE When the structures or work authorized by this permit are still in existence at the time the property is transferred; the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE _3 - PERMIT CONIDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on Judy 3, 2014. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the rational Register of Historic' Places. 4. If you sell the property associated. with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Furthermore, you must comply with the following non -discretionary Special Conditions: Special Conditions: I . The permitted activity shall not interfere with the right of the public to free navigation on all navigable waters of the United States as defined by 33 C.F.R. Part 329. 2. No earthwork is authorized by this Letter of Permission. 3. Creosote treated pilings shall not be placed in navigable waters unless all of the following conditions are met: A) The project involves the repair of existing structures that were originally constructed using wood products; B) The creosote treated pilings are wrapped in plastic; -4- C) Measures are taken to prevent damage to plastic 'w from boat use. Such measures may include installation of rub strips or bumpers; D) The plastic wrapping is sealed at all joints to prevent leakage; and E) The plastic material is expected to maintain its integrity for at least ten years, and plastic wrappings that develop holes or leaks must be repaired or replaced in a timely manner by the Permittee. 4. No other modifications or work shall occur to the structure permitted herein. 5. A pre -construction survey of the project area for Caulerpa taxifolia (Caulerpa) shall be conducted in accordance with the Caulerpa Control Protocol (see http:/./s,%-r.nmfs.noaa.govlhcd/caulerpa/cep.pdf) not earlier than 90 calendar days prior to planned construction and not later than 30 calendar days prior to construction. The results of that survey shall be furnished to the Corps Regulatory Division, NOAA Fisheries, and the California Department of Fish and Game (CDFG) at least 15 calendar days prior to initiation of work in navigable waters. In the event that Caulerpa is detected within the project area, the Permittee shall not commence work until such time as the infestation has been isolated, treated, and the risk of spread is eliminated as confirmed in writing by the Corps Regulatory Division, in consultation with NOAA Fisheries and CDFG. 6, The Permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum. products, from construction shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed from the work area and disposed of in an appropriate -upland site. 7. The Permittee shall notify the Corps Regulatory Division of the date of commencement of operations not less than 14 calendar days prior to commencing work, and shall notify the Corps of I the date of completion of operations at least five calendar days prior to such completion. 8. To ensure navigational safety, the permittee shall provide appropriate notifications to the U.S. Coast Guard as described below: Commander, 11th. Coast Guard District (dpw) TEL: (510) 437-2980 E-mail: d11LNM@useg.mil Website: http://vv",w.uscg.mil/dpiqnmrequest.asp U.S. Coast Guard, Sector LA -LB (COTP) TEL: (310) 521-3860 E-mail: john.p.hennigan@useg.mil -5- A) The Permittee shall notify the U.S. Coast Guard, Commander, 11th Coast Guard District (dpw) and the U.S. Coast Guard, Sector LA -LB (COTP) (contact information shown above), not less than 14 calendar days prior to commencing work and as project information changes. The notification shall be provided by e-mail with at least the following information, transmitted as an attached Word or PDF file: 1) Project description including, the type of operation (i.e. dredging, diving, construction, etc). 2) Location of operation, including Latitude / Longitude (NAD 83). 3) Work start and completion dates and the expected duration of operations. The Coast Guard needs to be notified if these dates change, 4) Vessels involved in the operation (name, size and type). 5) VHF -FM radio frequencies monitored by vessels on scene, 6) Point of contact and 144 -hour phone number. 7) Potential hazards to navigation. 8) Chart number for the area of operation. 9) Recommend the following language be used in the LNM: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made." B) The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 C.F.R. chapter 1, subchapter C, part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast Guard District in writing,,Mth a copy to the Corps Regulatory Division, not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that requires relocation or removal. Should any federal aids to navigation be affected by this project, the Permittee shall submit a request, in writing, to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee and its contractor are prohibited from relocating or removing any aids to navigation until authorized to do so by the Corps Regulatory Division and the U.S, Coast Guard. C) Should the Permittee determine the work requires the temporary placement and use of private aids to navigation in navigable waters of the U.S., the Permittee shall submit a request in writing to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee is prohibited from establishing private aids to navigation in navigable waters of the U.S. until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. D) The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during project construction. The Permittee shall direct questions concerning lighting, equipment placement, and mooring to the appropriate COTP. rel 9. Within 30 calendar days of completion of the project authorized by this permit, the Permittee shall conduct a post -project survey indicating changes to structures and other features in navigable waters. The Permittee shall forward a copy of the survey to the Corps Regulatory Division and to the National Oceanic and Atmospheric Service for chart updating: Gerald E Wheaton, NOAA, Regional Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, CA 93955-6711. 10. The permittee understands and agrees that; if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers Regulatory Division, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. Endangered Species Act: 11. This Corps permit does not authorize you to take any threatened or endangered species, or adversely modify its designated critical habitat. In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g. ESA Section 10 permit, or a Biological Opinion (BO) under ESA Section 7, with "incidental take" provisions with which you must comply). Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted projector uses thereof as a result of other permitted or unpermitted activities or from natural causes. -7- b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest, c. Damages to persons; property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided, 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this.office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition l establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give you favorable consideration to a request for an extension of this time limit. In LOS A I(GTLESDISTRICT US. AkVY CORPS OF ENGINEERS NOTIFICATION OF COMMENCEMENT OF WORK FOR DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL-2012-00198-JPL Name of Permittee: Robert Olson Date of Issuance: July 3, 2012 Date work•, in waters of the U.S, will commence: Estimated construction period (in weeks): _ Name & phone of contractor (if any): _ Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail, to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that 1, and the contractor (if applicable), have read and agree to comply with the termsandconditions of the above referenced permit. Signature of Permittee Date At least ten (10) days prior to the commencement of the activity authorized by this permit, sign this certification and return it using any ONE of the following three (3) methods: (1) E-MAIL a statement including all the above information to: Jason,P.Lambert@usace.army.mil usace.army.mil OR (2) FAX this certification, after signing, to: (213) 452-4196 OR (3) MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2012-00198 P.O. Box 532711 Los Angeles, California 90053-2325 LOS ANGELES DISTRICT US. AI?,VY CORPS OF ENGINEERS NOTIFICATION OF COMPLETION OF WORK AND CERTIFICATION OF COMPLIAN ICE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: Name of Permittee: Date of Issuance: SPL-2012-00198-JPL Robert Olson July 3, 2012 Date work in waters of the U.S. completed: Construction period (in weeks): Name & phone of contractor (if any): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit. "'-'sG�' '7 Signature of Permittee Date Upon completion of the activity authorized by this permit, sign this certification and return it using any ONE of the following three (3) methods: (1) E-MAIL a statement including all the above information to: Jason.P.Lambert@usace.army.mil OR (2) FAX this certification, after signing, to (213) 452-4196 OR (3) MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2011-01073 P.O. Box 532711 Los Angeles, California 90053-23 )25 C� -10- 0 Applicant. Robert Olson File Number: SPL -2012-00198 Date: July 3, 2012 Attached is: See Section below X INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A PROFFERED PERMIT (Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E A. INITIAL PROFFERED PERMIT: You may accept or object to the permit, • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the fiiture. Upon receipt of your letter, the district engineer wili evaluate your objections and may: (a) modify the permit to address all of your, concerns, (b) modify, the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B. PROFFERED PERMIT: You may accept or appeal the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C. PERMIT DENIAL,: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. + .ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the.approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 1I of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice, E. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. -11 - REASONS R APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record - It -you have questions regarding this decision and/or the appeal process you may contact: If you only have questions regarding the appeal process you may also contact: "Phomas J. Cavanaugh Administrative Appeal Review Officer, U.S. Army Corps of Engineers South ,Pacific Division 1455 Market Street, 2052B San Francisco, California 94103-1399 Phone: (415) 503-6574 Fax: (415) 503-6646 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Signature of appellant or a)zent. Telephone number: ,SPD version revised December17, 2010 Applicant Options with Initial Proffered Permit lnitial proffered permit sent to applicant Applicant/Corps sign standard Does - permit or applicant socie-pts applicant acoeptt>e letter of permission. 4— terms and conditions of the The prospect is authorized. Yes Yes initial proffered pert v No Applicarr sends specific objecbons to district engineer, The district engineer will either mc;01 the permit to remove all objectionable conditions, remove son-ki of the oberlicnable conditions, or not modify the Permit. A proffered perrnitis sent to the applicant for reconsideration with an NAP and an RFA form, Applicant/Corps snit standa:rd Does the PeTrnt Or applIcant accepts applicant accept the applicant letter of permission, terms and conditions of The project is authorized- Yes he proffered es<til - permit? No Applicant,decl Ines the proffered permit. The declined individual permit rray be appealed bysubnitting a, RFA to the division engineervAthin 60 days of the date of the MAP (see Appendix A). Appendix B ���: >,�>z, DOCK & PIER BUILDERS, INC. 2027 PLACENTIA AVENUE COSTA MESA, CA 92627 (949) 631-3121 ;PHONE (949) 631-3122 FAX EMAIL 'gat> Ll ', L ii www, swifts p(L M qcks, co 13 February 2012 Marc Brown California Regional Water Quality Control Board 3737 Main Street Suite 500 Riverside, CA 92501` Re: Boat Floating Dock Replacement Dear Mr. Brown: We are acting as agents for the applicant listed below. This is notification that we intend to replace the boat dock and pile at the address referenced below. It is our intention to comply with all Regional Water Quality; Control Board requirements. We will not discharge vessel waste of any kind or adversely impact water quality at this location. 1. Applicant Name: Robert Olson 2. Project Address: 351 Bay Front East Newport Beach, California 92663 3. Applicant Phone: 949.271.1101 4. Parcel Number: 050-201-01 5. Scope of Work; Remove and replace existing floating dock. Like for like in size, shape, and location. No pile work 6. Latitude/Longitude: N33.6062021, W117.8986605 7. Applicable Fees: Enclosed is a check for the application fee. 8. Statement: This notice is being submitted according to Regional Board General Certification for sheet and dock pile replacement, issued on September 29, 2005. 9. Statement: The information in this notice is complete and accurate: Please contact our office if you should have any questions,` Very truly yfLrs, SW F�T SLI , GK & PIER BUILDERS, INC. Ja e'yn Chu g Permit Division/ RTATF OF CALIFORNIA --NATURAL RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT 200 Oceang ate, 10th Floor LONG BEACH, CA 90802-4416 (562) 590-5071 FAX (562) 590-5084 www.coastal.ca.gov Robert Olson 351 East Bayfront Newport Beach, CA 92663 commuNITY MAY 14 2012 DEVELOPMENT ��� ti SOF IVEWPOV6 EDMUND G. BROWN, JR., Governor Date: May 11, 2012 5-12-084 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on April 20, 2012 and was reported to the Commission on Wednesday, May 9, 2012 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, CHARLES LESTER Executive Director By: LILIANA ROMAN Coastal Program Analyst cc: Local Planning Dept. Swift Slip Dock & Pier Builders, Inc., Attn: Peter Swift / Jacquelyn Chung Chi CALIFORNIA COASTAL COMMISSION CITY OF NEWPORT BER CITY OF HE PORT BERCH W. L P�CIPIC aC ERN VICINITY KRF IFJf M Mr. W C/ -> on O O t/.31 ■ U J California Coastar rl M1 South Coast District Office APPROVED �3 Permit No EFFECTIVE` 7,1 \ Date: _ --------------- 5 JETTY St3i INGS FIE EMMSM IN FEET F MOTE EEEVM016 B w ON hVH Loa Low MM. 2027 Placentia Avenue, Costa Mesa, California 92627 ra kz"U) b31-3121 Fax (9.49) 6.31-312.2 I I IE I I I I I 1 1)17 17I F 1 Jral" I . i I —t—.. )veW- 11 JOB \W W J �,4C0A t .00MM1S �00 k001 �°�K• EXH I BIS#� °gl\\� °c ?N PAGE OF �an0 P V i EN 1' = 40' STATE OF CALIFORNIA — THE RESOURCES AGENCY EDMUND G. BROWN JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Permit Application No. 542-084 Long Beach, CA 90802-4302Date: April 19, 2012 (562) 590-5071 W7b Page I of 7 Z-1 ADMINISTRATIVE PERNHT APPLICANT: Robert Olson PROJECT DESCRIPTION: Remove and replace existing 741 sq, ft. U-shaped floating dock with new like for like floating dock in same size, configuration and location; no work is proposed to existing aangwa-y, pier and support piles. PROJECT LOCATION: 351 East Bayfront,. Balboa Islarid, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERNIINATION: The findings for this deterinination, 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 Cotrinission at the following time and place: N'i,'edhesday, May 9,,9:00 am Marin County Civic Center Board of Supervisors Chambers 3501 Civic Center Drive., Room 330 San Rafael, CA 94903 IMPORTANT - Before you may moceed with develomnent, the following must occur: Purs aiant'to 14 Cal, Admin. Code Sections 13150(b) and 131 y ' 58, you must sign the enclosed duplicate cop acknowledging the perinifs receipt -and accepting its conte'fits, including all conditions, and return it to our 0 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 ATUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. CHARLES LESTER Executive Director By: Liliana Roman Title: -Coastal Program Analyst 5-12-084(Olson) Administrative Permit Page 2 of 7 STANDARD CONDITIONS: Notice of Receipt and Acknowledament. 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 ori which the Commission voted on the application. Development shall be pursued in a, diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any 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 ofthe 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 thru seven. EXECUTIVE DIRECTOR'S DETER1MINATION (continued): The Executive Director hereby deten-nines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by ffie 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 Descrintion The project site is located at 351 East Bayfront Avenue in the City of Newport Beach's Balboa Island (Exhibits 91-2). Single-family residences characterize the subject site and the surrounding area. The proposed project is the demolition of a 741 sq. ft. "U" Shaped floating dock and replacement with, a new "U" Shaped floating dock in the same size, configuration and location. The existing three pipe piles currently supporting the existing floating dock will remain in place to support the new replacement floating, dock; no work is proposed to the existing gangway and pier approach. New materials will be pressure treated Douglas Fir and Timbertech composite decking (Exhibit 43). The proposed dock system conforms to the U.S. Pier head Line. The new dock configuration is the same to that currently in place, therefore, there will not be an increase in the dock's overall shading impacts. The dock project will be used for boating related purposes to serve a single-family residential development, The site was surveyed for eelgrass and Caulerpa taxifolia on March 1, 2012. The area surveyed was greater than 75% coverage of project area. The entire area survey spanned approximately 105' x 105' surrounding the existing dock, Eelgrass was found within 15 feet of the project area and no Caulerpa 5-12-084(Olson) Administrative Permit Page.3 of 7 taxilfolia was discovered within the entire project area (Exhibit 44). Patch 1 is a medium sized eelgrass patch approximately 15' feet from the existing dock, Patch 2 is a small patch approximately 38' from the existing dock, Patch 3 is a large eelgrass approximately 10' from the existing dock. As proposed, the project avoids direct eelgrass impacts. These eelgrass and Caulerpa taxr.'Nlia surveys are valid for a limited period of time (until the next growing season for eelgrass and 90 days for Caulerpa taxilfolia). if construction does not occur within the respective time periods, a subsequent survey will be required. If any additional eelgrass or Caulerpa taxilfolia are found on the project site, Special Conditions No. 2 and No. 3 identify the procedures necessary to be completed prior to beginning any construction. As the site is on the Balboa Peninsula, coastal public access to Newport Bay is available approximately 30' west of the project site at the north Coronado St. street -end and coastal public access to the ocean approximately 400 feet (three city blacks) to the south at the southern Coronado St. street -end. The proposed project has received an approval in concept from the City of Newport Beach Harbor Resources Division, klarbor Permit Number 152-351 and Plan Check Number 0334-2012. The Regional Water Quality Control Board (RWQCB) has issued a `General Certification for replacement of Sheet and Dock Piles" determining that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicant has applied for a permit fromthe U.S. Army Corps of Engineers. Staff expects the U.S. Army Carps of Engineers' Letter of Permission (LOP) deeming the project qualifies for the General Concurrence for impacts to essential fish habitats. Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly by the Commission in regions where the local government having jurisdiction does not have a certified Local Coastal Program.. The City ofNe,,AWrt Beach only has a certified Land Use Plan and has not exercised the options provided in 30600(b) or 30600.5 to issue its overt permits, Therefore, the Coastal Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The certified Land Use Plan may be used for guidance. 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 C:'aulerpa tax folia. 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 Quality The proposed work will be occurring on, within, or adjacent to coastal waters, The storage or placement of construction material, debris, or Waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts oil water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for past -construction impacts to water quality the Commission requires the continued use and maintenance of post construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. Loral Coastal Pro2rarn The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was comprehensively updated on October 13, 2045. 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 local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3, 5-12-084(03son) Administrative Permit Page 4 of 7 E. California Environmental Qu fitv 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 environment, Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally danla,(,,,Jng feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITIONS: 1. EaiLr-Q—Ua1it1V A. Construction Responsibilities and Debris Removal (1) No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion. (2) Any an d all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of conipletion of the project. (3) Demolition or construction debris and sediment shall be removed from work- areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. (4) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone, (5) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (6) Floating boors 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. (7) Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. (8) All trash and debris shall be disposed in the proper trash and recyclingreceptaclesat the end of every construction day. (9) The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. (I O)Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place unless the. Executive Director determines that no amendment or new permit is legally required. (I I)AII stockpiles and construction materials shall be covered. enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. (12)Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm seNver systems. (I 3)The discharge of any hazardous materials into any receiving waters shall be prohibited, (14)Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other Construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms andp t� rotection to prevent any spillage, of gasoline or related petroleum products or Map Output Page 1 of ,H[BIT " http://www6.city.newport-beach.ca.us/servlet/com.esri.esrimat).Esrimao?ServiceName=n... 2/13/201! C=11TY OF NEWPORT BER CITY OF RUPORT BEACH IiEx MY PRCI-pIr- 0 C J�v VICINITY KSP www Or, OLMRKM J= S=INZ 4E DTR= IN FEET E:T RU 3MTF_ aEvwim Ill oN mjJN Lowm Low wm. 2027 Placentia Avenue, Custer Mesa_ Caji:fn,"i. Qjga-j CD1 (949) 631-3121 Fax' (949) 631-3122 44 j f5 - C> C> -T— _�7=7 As �10 4 77 (949) 631-3121 Fax' (949) 631-3122 44 j t 7- -T— _�7=7 As �10 4 77 4 -4 -4L4 - 4_1 Li i F L—L O� 0,4 ue cg 07A.. Lem, I 2�j 0 0 LU 2 0 a. a., b w — z 0 Lo Lo to cz,\ x,iC04M COMMIS31C 0,N-- EXHIBIT 4— PAGE-1 OF --.Y== 2027 Placentia Avenue, Costa Mesa, California 92627 (949) 631-3121 Fax (949) 631-3122 �l E r to P'Ll1)G , { , At NCR Qf�jln ,—_ ii tl - }� t...,._.e. r _ . - .. - . �'•---�—�7 Y � I ` _ �— yam_ !._._,_.! ! : St 1 11 ! I , ` I OL_ i IF !rlT, �j4t S�i it 66 i _ -- a nti _-R_ -F_ �t t EXH -- - - ---- - 'DOCK & PIER BUILDERS' INC. i r . t . 351 EAST BAYFRONT ;z NEWORT BEACH,CA Survey Findings COASTAL COMIMISSIOD Dimensions of existing dock: • Existing dock measures 62' long and 28' 6" wide. Platform/Gangway is 60' long. EXHIBIT # • Bulkhead to beginning of dock is 66'. pgGE____]___,_OF--) • Bulkhead to farthest point of dock is 94' 6" • Width of "U" shape dock is 62' long rjnning parallel with sea wall. Eelgrass was observed and shown in Figure 2 and identified as Patches 1, 2, and 3. • Patch 1 is located approximately 15' from dock growing North Westerly from dock. • Patch 2 is approximately a 3' wide area located approximately 25' f rorn bulkhead and is approximately 38' from dock. • Patch 3 is located approximately 10' from dock and 60' from bulkhead to approximately 81' from bulkhead. This patch spreads South East and crosses into neighboring property. EELGRASS & CAULERPA SURVEY REPORT 5-12-084(0lson) Administrative Pen -nit Page 5 of 7 contact with runoff. The area shall be located as far away from the receiving waters and storm drain inlets as possible. (I5)Best Management Practices (BMPs) and Good Housekeeping Practices (Gf1Ps) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity (16)AII BMPs sball be maintained in a functional condition throughout the duration of construction activity. B. Best Management Practices Program By acceptance of this permit the applicant agrees that the Ion- 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. 1n -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate -free and biodegradable shall be used., and the amounts used minimized. c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing amtrronia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye, (2) Solid and Liquid Waste Management Measures. a. All trash, recyclables, and hazardous wastes or potential water contaminants, including cold 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. a. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined. at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited. b. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump -out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids. 5-12-084(0]son) Administrative Permit Page 6 of 7 c. Bilge cleaners containing detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps, 2. Eelgrass Survev A. Pre Construction Eelgrass Survey. A valid pre -construction eelgass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically pically 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 (mitigatiMimpact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 3. Pre -construction Caulerpa &:ri Lolia 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 detennine the presence of the invasive alga Caulerpa taxffolia. 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. 5-1.2-084(Olson) Administrative Permit Page 7 of 7 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), or their successors. D. If Caulerpa taxrfblia 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 governmenta, ' I 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. 4. Public Rights The Coastal COMMiMiOrl's approval of this permit shall not constitute awaivcr of any public nights that exist or may exist on the property. The pen-nittee shall not use this permit as evidence of a waiver of any, public rights that may exist on the property. ACKNONVLEDWMENT,OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that Uwe have received a copy of this permit and have accepted its contents including all conditions. /`" ", /"", 1� , I?g I'll 6111, 1 � ed Applicant's Signature Date of Signing mg HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace dock system like for like. No pile, gangway or pier work. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to tinai approval. Property Address: 351 E. Bay Front Legal Description: Harbor Permit Number: 152-351 Plan Check Number: 0334-2012 —71 Applicant: Robert Olson Applicant's Mailing Address: 351 E. Bay Front, Balboa Island, CA 92662 Phone Number: 949-631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resources March 1, 2012 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions March 1, 2012 Property Address: 351 E. Bay Front With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with th, e City of Newport Beach and any other applicable agencies. Painting and work conside0,ed to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these aIonditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc—are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate, any tool, equipment or machine in a manner which produces loud noise that disturbs, or could `i'disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. Lisa Walters, Harbor Resources Date W o&rf � , O l son - S - Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 P Worksheet for Building Combo Permit Application P K Print F A �orfn,, A City of Newport Beach - B Uilding Department Please print 3 copies HMrR, ,�ORhtCES F-Fl%j VrNVWW,1Df)DT al.'ArW.Building F_ Grading f7.Drainage Elec F Me 1. Prolect Address of mallin-q address) Tenant Name(if Applicable) 2. Description of Work # Units (if Residential) F_ I. - - � .... .. . .. .... .. Extg Gar sf Demo Garage sf F ,9 New [7 Add F_, Alter Check ADr)rODriate Box for Applicant Add/Reconstruct Garage sf TOTAL BLDG SF F_ Demo TOTAL GARAGE SIF Cu Yd Cut F77 Cu Yd Fill F_ 4. Architect/Designer's Name Last First Lic. No. ................ ... Architect/Designer's Address Architect/Designer's E-mail Address City State ZipF7�Telephone[ 5. Engineer's Name Last% Lic. No. Engineer's Adore)!,,, Engineer's E-mail Address V 1A GA rA I I D IV OY I YV Fj, l �� City State Zip Telephone n YD ....... ...... ................ 1. r_7k_ 6. Contractor's Name Last Lic. N lass Wntractor's^dress Contractor's E-mail Address V/ ............. ....... ..... ...........19 WA ..... ..................... ........ State Telephon City I C IV �(AIA Zip PERMIT NO. ,�,,,E USE ONLY ENERGY P/C FEE $ OT, Y GRADING P/C FEE -$ FIRE P/C FEE $ PLAN CHECK NO. Rev 4116109 ELEC/MECH/PLUM P/C FEE$ PLAN CHECK FEE $ Ci TY OF NEWPORT BER ........... � 01211'sk 3 , 1!,MIJAAMIM*. MA alN 10RCI`-,,C ESN VIONITY KRP www my, axzuv(m MY M:ST JEM E%7 JEM FMSOLMIMNGS FRE EXPRESS® IN FEET AND W40TE ELEVATIONS BASED ON MEAN LOWM LOW WU. 2027 Placentia Avenue- (1—t. xR PLAN V I IBY 1' = 40' 9. MY M:ST JEM E%7 JEM FMSOLMIMNGS FRE EXPRESS® IN FEET AND W40TE ELEVATIONS BASED ON MEAN LOWM LOW WU. 2027 Placentia Avenue- (1—t. xR PLAN V I IBY 1' = 40' HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions March 1, 2012 Property Address: 351 E. Bay Front With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 2027 Placentia Avenue, Costa Mesa, California 92627 (949) 631-3121 Fax (949) 631-3122 - - - - ----......- + - -- - - -- - - - - - --+-- --j--T--t-- ! 4 -' fit - �0 p•Lnt i I ibep I I y� I I IE !tit V* 4L, rL7 ; , F ' I 1 I . ppS , It 661 1 ------------ I p 41 15 - I - - ' 7 9 t I !DOCK & PIER � i ' ! ; BUILDERS, INC. AUTHORIZATION OF AGENT I, Bob Olson , hereby designate and authorize Peter Swift and his representative Jacquelyn Chung, to act on my behalf as my agent in the processing of this permit application and to furnish, upon requesting, supplemental information in support of application. Signed:��'� Dated:? '1� ANN of Dock and Pier Builders, Inc. Contractor's License 797052 A www.swiftslipdocks.com 2027 Placentia Avenue - Costa Mesa, CA 92627 Telephone (949) 631-3121- Fax (949) 631-3122 13 February 2012 Re: Robert Olson 351 East Bayfront Balboa Island, California Remove and replace existing floating dock like for like in size, shape, and location. No work to piling, pier, or gangway. Document 41 — Satellite photograph of project location. Document #2 — Satellite photograph of existing floating dock. Document #3 — Drawing of existing/proposed floating dock 741 sq. ft. Floating Dock: Superfloat Flotation Pontoons 4 x & framing with 5 x7 angle clips and 1/2" bolting throughout 2 '/2 diameter steel torsion tubes built into finger for long term stability 2 x 6 TREX composite decking attached with stainless steel screws 2 x 12 facia with white rubstrip and corners Steel pile guides with 4 polyurethane rollers each Haul away and old floating dock. Recycle and then dispose of remaining items. Map Output Page 1 of 1 vMUI1. RVUCi L 2009-2011 Aerial Imac http://www6.city.newport-beach.ca.us/servlet/com.esri.esrimap.Esrimap?ServiceName=n... 2/13/2012 s DIVE WORKS (949) 759-0773 351 EAST BAYFRONT 429-0 Shoreline Village Drive NEWORT BEACH, CA Long Beach, CA 90802 Date of Preliminary Survey: March 1, 2012 Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 Subject: Preliminary Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey 351 East Bayfront, Balboa Island, CA Attached are the Preliminary Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey Report for the above-mentioned address. Eelgrass patches were observed in subject area noted above. No Caulerpa Taxifolia was observed in subject area noted above. This is a Preliminary report as required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life to reproduce. This survey's assist development projects by contractors like you to conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling the spread of Caulerpa., Responsible development by contractors like you helps protect these sensitive marine ecosystems, which in turn, protects our ocean resources. Thank you. If you have any questions please feel free to contact us. Respectfully, DiveWork@gmail.com (949) 759-0773 EELGRASS & CAULERPA SURVEY REPORT DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Robert Olsen 351 East Bayfront Balboa Island, Ca 92662 Swift Slips Dock & Pier Builders, Inc. Costa Mesa, California Preliminary Eelgrass Survey Report Prepared March 1, 2012 7W Dive Works Robert Wiegand Survey assistance by Sean Donovan EELGRASS & CAULERPA SURVEY REPORT 351 EAST BAYFRONT NEWORT BEACH, CA DIVE WORKS (949) 759-0773 351 EAST BAYFRONT ;E ys 429-0 Shoreline Village Drive NEWORT BEACH, CA Long Beach, CA 90802 Current Situation - Preliminary The homeowner, Robert Olsen, at 351 East Bayfront, Balboa Island, Ca (see Figure 1) has proposed to replace existing U-shaped dock in-kind. Eelgrass beds were found at the survey site. Caulerpa was not observed. No alterations or improvements have been made as of the date of this survey, March 1, 2012. Fi Survey Method Survey conducted March 1, 2012 beginning at 1212 hr approximately N Lat 33.363047- W Long 117.531869. Day was clear and sunny with few clouds; air temperature was 57* F. Water temperature was 63' F. Depth ranged from 0-18' past end of dock. Visibility range was 3'-5'. Survey conducted with divers spaced 1-3 ft swimming parallel with shore, see Figure 2. Lane width was approximately 8 ft wide scanning approximately 5 ft on either side. Area surveyed was >75% coverage of project area. Entire area surveyed spanned approximately 105' by 105'. Areas included under dock and surrounding property area. EELGRASS & CAULERPA SURVEY REPORT Dimensions of existing dock: • Existing dock measures 62' long and 28' 6" wide. Platform/Gangway is 60' long. • Bulkhead to beginning of dock is 66'. • Bulkhead to farthest point of dock is 94' 6". • Width of "U" shape dock is 62' long running parallel with sea wall. Eelgrass was observed and shown in Figure 2 and identified as Patches 1, 2, and 3. • Patch 1 is located approximately 15' from dock growing North Westerly from dock. • Patch 2 is approximately a 3' wide area located approximately 25' from bulkhead and is approximately 38' from dock. • Patch 3 is located approximately 10' from dock and 60' from bulkhead to approximately 81' from bulkhead. This patch spreads South East and crosses into neighboring property. EELGRASS & CAULERPA SURVEY REPORT Discussion DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 351 EAST BAYFRONT NEWORT BEACH, CA Eelgrass was found at this site. Under dock and along sea wall NO Eelgrass found. Nine (9) feet from sea wall new sprouts of Eelgrass detected. Approximately 15' from sea wall Eelgrass about 1" long detected. The further from sea wall the more mature Eelgrass is. Along sea wall the sun is blocked most of the day so the growth was decreased to nothing within nine (9) feet. Figure 2 outlines where eelgrass is located at proposed construction site. Eelgrass is between 10' and 15' from proposed new dock. Figure 3. Eelgrass survey site: 351 East Bayfront, Balboa Island CA EELGRASS & CAULERPA SURVEY REPORT DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Caulerpa Survey Reporting Form 351 EAST BAYFRONT NEWORT BEACH, CA This form is required to be submitted for any surveys conducted for the invasive exotic algae, (Caulerpa) which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The form has been designed to assist to identify and control any potential impacts of the authorized actions on the spread of Calupera. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Calupera 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, contact: Robert Hoffman, National Marine Fisheries Service, 562-980- 4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 351 East Bayfront Balboa Island, CA 92662 Survey Contact: Robert Wiegand (949) 759-0773 DiveWorkC@Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: +33.363047 N (UTM, Lat./Long., datum, accuracy level, attach - 117.531869 W electronic survey area map if possible) Was Eelgrass Detected: YES, within 10' to 15' of project site Description of Permitted Work: Replace existing dock in kind. (describe briefly the work to be conducted at the site under the permits identified above) EELGRASS & CAULERPA SURVEY REPORT DIVE WORKS (949) 759-0773 351 EAST BAYFRONT 429-0 Shoreline Village Drive NEWORT BEACH, CA Long Beach, CA 90802 Caulerpa Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 0' to 18' Bottom is sediment and sand. physical and biological conditions Eelgrass is present. 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: Sediment, sand, dirt Temperature: 630 Salinity: Dominant flora: Eel rass Dominant fauna: Small fish and shell fish Exotic species encountered - None Calu era Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA. (please describe the surveys conducted including type of survey DATE: March 1, 2012 (SCUBA, remote video, etc.) and TIME :12:12 PM survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 3-5' Survey type and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Survey limitations: None 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 1.2, 10/31/04) EELGRASS & CAULERPA SURVEY REPORT DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Eelgrass Survey Reporting Form 351 EAST BAYFRONT NEWORT BEACH, CA This form is required to be submitted for any surveys conducted for Eelgrass located in Newport Harbor, Ca, which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by Marine Bureau and Planning Department. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 351 East Bayfront Balboa Island, CA 92662 Survey Contact: Robert Wiegand (949)759-0773 DiveWork Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: + 33.363047 N (UTM, Lat./Long., datum, accuracy level, attach electronic - 117.531869 W survey area map if possible) Was Eelgrass Detected: YES, within 10' to 15' of project site Description of Permitted Work: Remodel existing dock. (describe briefly the work to be conducted at the site under the permits identified above) See attached drawings. EELGRASS & CAULERPA SURVEY REPORT DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 351 EAST BAYFRONT NEWORT BEACH, CA Eelgrass Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 0' to 18' Bottom is sediment and sand. physical and biological conditions Eelgrass is present. within the survey area at the time of 0' at shore the survey and provide insight into Tat mid -dock variability, if known. Please provide 12' past end of dock units for all numerical information). Substrate type: Sediment, sand, dirt Temperature: 630 Salinity: Dominant flora: Eel rass Dominant fauna: Small fish and shell fish Exoticspecies encountered none Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys conducted including type of survey DATE: March 1, 2012 (SCUBA, remote video, etc.) and TIME :12:12 PM survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 3'-5' Survey type and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Survey limitations: None Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Eelgrass Survey Reporting Form (April 2009) EELGRASS & CAULERPA SURVEY REPORT i NE�YPOR T BEACF I ARBOR APPLiCATiQN., NO. r � � c � ,4 PPS. /CQN7" S N,q.4lE --.— �r ,Y f T / ✓oe .d'c"D,PESS ,;?n.l r'T ennprcc. I C. YY rl u r- I t- AtbUH APPLICATION IN 0. 4-2 '..)'f .SKE.TCH. HARBOR RESOURCES DIV,,, CITY OF NEWPORT BEACH ,D /VC! Glr��� 6 sly/�� ��n�E �F �l%IZ,�� R��OC°,4_�� �'1�/S�yI 5m WA -d aF 3,V444 It � L9 EEL GRASS INSPECTION Cl NO EEL GRASS WITHIN 160F PRE EEL GRASS IN THE PROJECT ARE 4 C4 4e-, kD V / ?0JECT ADDRESS: � 1zI G I 5 l� T E JECT tilUNAl UHI: . /� z 5krjlay lcel: Ii PERMIT # DATE, deo E� o �� " 0 � sow ------ 4 ml 1H, 8. e j, ; =a2 ,5Goc,< 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: Relocate existing float 10' seaward of bulkhead. Install 3 new 18" concrete pile. Business address number must be stenciled on 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Pro ertAddress: 351 E. Bay Front, Newport Beach, CA 92662 Legal Description: Harbor Permit Number: 152-345 Plan Check Number: 1252-2004 pp scant: Rob Olson Applicant's Mailing Address: 351 E. Bay Front, Newport Beach, CA 92662 Phone Number: 949-283-1155 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: 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 rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached conditions to the pier permit. Tom Rossmiller, Manager, Harbor Resources Sicinature hot Chris Miller, Harbor Resources Supervisor May 14, 2004 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions September 17, 2004 Property Address: 351 E. Bay Front, Newport Beach, CA 92662 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. 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 westernmost property line extends exactly parallel to the easternmost property line. 6. A vessel may not extend beyond the end of the fingers by more than the width of its beam. 7. A vessel side tied on the outermost finger may not extend past the easternmost side of the float by more than 15'. 8. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the float is 15'. Signature: �� fltkv Chris Miller, HarbbrfZesources Supervisor Applicant Signature Print Name Joint Pier Applicant Signature (if applicable) Print Name SEP -21-2004 11:49 FROM:SWIFTSLIPDOCK.COM SEP -21-04 12:52PM FROM -R -D Olson September 17, 2004 (949) 631-3122 TO:7230589 P.2 949 222 3777 T-969 P.901/001 F-070 HARBOR RESOURCES IDIvrsloN 829 Harbor Island ©rive Newport Beach. CA 82860 949-044-30341 Fox 949-723-0589 Pier Permit Condition's Propty Addrms: 351 E. Bay Front, Newport Beach, CA 92662 Mth reference to the plans cunv-antly under consideration to reconfigure or modify the dock system, the fbllowJn® conditions will now be In effect on the above referenced pier. 1. The pier perml#ee is aware of the Harbor Psmit Policies and Chapter 1 7 of the City of Newport Beach Murilcipa! Code. The pier permittee understands that the above referenced Pier is under the purview of these Policies and Code& 2. Any fixture work on the above ment;ionsd plel• requires -permits with -the• City of Newport Beach and any other applicable ancies. Painting, r+epJscernent of rub rails and vxrk considered to be arrsmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the current, Proposed dock system under consideration. Anyfuture modifications OF alterations to the dock system may require nor conditions,which m8y override or change these conditions. 4. Only marine odented uses are eliawed on the pler, pier platform. gangway and float Path furniture, plants ete...are not permitted. 5. Your side property lines expend in the water along their same baaring. The westernmost property ilne extends exactly parallel to the eastermost property line. 6. A vessel may not extend beyond the and of the fingers by more fflan the width of its b 7. A vessel side fled on the outermost finger may asternmost side . ay not extend past the eeamof the fiosf by more than 151. 8. The max1mum beam of 8 vessel that is permitted to side tie to the easternmost side of the float Is 151. 5 m,»er, harbor Rezources Super WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATRMBOR RESOURCES DIV. ���E CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH' °°�R�= BUILDING DEPARTMENT PI FACF PRINT (1R TVPF 1. PROJECT ADDRESS (NOT MAILING A DDRESS)gftf;*n—r FLOOR SUITE NO. Ed PH f /f ❑ 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT CITY STATE ZIP 2. DESCRIPTION OF WORK ,t✓ p (f r S L/V"l USE k*VPP& j3o4ll' -PI-7.6 l 3 cvg - C/lp # OF STORIES VALUATION $ I D• ®10 NEW ❑ ADD ❑ ALTEFC DEMO ❑ SQ FT (NEW/ADDED/EXTG) Check Appropriate Box ❑ 3. OWNER'S NAME LASTFIRST OWNER'S ADDRESS] OWNER'S E-MAIL ADDRESS CITY� STATE ZIP PH f /f ❑ 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 LAT FIRST —T STATE LIC. NO. >— ( ENGINEER'S ADDRESS ENGINEER'S E-MAIL ADDRESS i -'-s-© CITY STA ZIP PHONE NO. CA— 310 S -Y,? -?/,3 <--I— ❑ 6. CONTR R'S NAME / f BUSINESS LIC. STATEC. �,l�� 73 N0.7 Class CONTRACTOR'S ADDRESS C� CONT CTOR'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. OFFICE USE ONLY ° i bb PERMIT NO. 7,D0�-� TYPE OF CONSTRUCTION PLAN CHECK NO. 5 PLAN CHECK FEE $ a a OCCUPANCY- GROUP PLAN CHECK ENG. /`l�/ 6 W (S/( o Ci � ; c{,> _. INSPECTION FORM Harbor Resources Department Date: j a' C-( Inspection Requested By: C/ Inspector: Don Duffy Pier Address: Pier Transfer Reinspection GFI Present Yes Need None Needed Yes Need —_� F_—� Anti -Siphon / Backflow Present -..-.--- Other Comments EelQrass Yes -No Presents e� 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 i l { i 5o, rr r urs i �v Hl rttSUK ANNLIC=Af ION, NO. SKETCH HARBOR RESOURCES IDN""�' F43 CITY OF NEWPORT BEACH - „5�4 ,�. �tL;s: ;se5-r;��<: ,..ti` .,::'• �lryl�y 5VPPE of r(-kl Re/064fC EEL GRASS INSPECTION 0 NO EEL GRASS WITHIN 160F PR EEL GRASS IN THE PROJECT AREI �"el jru -S N �iQJECT ADDRESS: a�rn ��e!fc 1n EC SIGNATURE / -� z � ;;-ku/0V 701/ PERMIT # DATE, 'ifo is Coastal Commission /c- Coast Dish t,Offic �! �'aA11Lt a¢mm va9 mm ...a2 \ m ®®aa w.�[aa¢a®�pCaII G3 fC�'r'a EFFE 17 ate: �1�01.--D ------ T,4:-74 0 7- -w --- read- BGOcx STATE ?F CALIFORNIA ---THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT PO Box 1450 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 www.coastal.ca.gov Date: September 14, 2004 Permit No. 5-04-190 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on August 19, 2004 and was reported to the Commission on Friday, September 10, 2004 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 Ecedtive Dir ctor By: FERNJ. SY Coastal rogr m Analyst CC CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. 5-04-1 90 200 Oceangate, Suite 1000F 5b Long Beach, CA 90802-4302 Date: August 19, 2004 (562) 590-5071 Page 1 of 6 ADMINISTRATIVE PERMIT APPLICANT: Robert Olson PROJECT DESCRIPTION: Remove three (3) piles, relocate the existing floating dock portion 10 feet seaward and install three (3) new 18" diameter piles. PROJECT LOCATION: 351 East Bay Front, 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, September 10, 2004 9 am Eureka Public Marina Wharfinger Building Great Room 1 Marina Way Eureka, CA 95501 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: Fernie J. Sy Title: Coastal Program Analyst 5'84'180'[Oson Administrative Permit Page 2 of 6 STANDARD CONDITIONS: 1� The permit kSnot valid and developmentshall 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 isreported tnthe Commission. Development shall bepursued inediligent manner and completed inoreasonable period oftime. Application for extension ofthe permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation Ofany term or condition will be resolved by the Executive Director nrthe 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 beperpetual, and it m the intention of the Commission and the permittee to bind m|| future ovvnwrO end possessors ofthe subject property tothe terms and conditions. See pages fourto six. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development inocategory of development, which, pursuant tuPRC Section 3U624.qualifies for approval bvthe Executive Director through the issuance ofonAdministrative Permit. Subject hoStandard and Special Conditions om 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 8noeoG and public recreation po||o|So nfChapter 3. The subject site islocated at351 East Bay Front onBalboa Island inthe City ofNewport Beach (Exhibits #1-2). Single-family residences characterize the subject site and the surrounding area. The proposed project (Exhibit #3) involves the following: R8nlOm8 three (3) piles, n8|OcGte the existing floating dock portion 1Ofeet seaward and install three (3) new 18" diameter concrete piles. The existing dock ieconstructed ofDouglas Fir and TREXComposite. The dock project vvi||beunodforbomtingre|atedpurpomeatoaarveasing|e-fomi|yreoid8ntia| development. The site has been surveyed by the City of Newport Beach Harbor Resources Division for ee|gnasmand ee|granewas discovered within 15feet ofthe project areo. However, the p ��otdOeanot anticipate adverse irnpoctatneo|gnaenassociated with the proposed project nincethe dock ' and piles will be moved further away from the existing ee|gnaoo beds on site. The site has not been surveyed for Caulerpa taxilfolia, therefore a pre -construction Caulerpa taxilfolia survey must be conducted. These eelgrass and Caulerpa taxilfolia surveys are valid for a limited period of time (until the next growing 5 -04 -190 -[Olson] Administrative Permit Page 3 of 6 season for eelgrass and 90 days for Caulerpa taxilfolia). If construction does not occur within the respective time periods, a subsequent survey will be required. Since eelgrass has been identified in the project site, Special Condition No.2 identifies the procedures necessary to be completed prior to beginning any construction. If any Caulerpa taxilfolia is found on the project site, Special Condition No. 3 identifies the procedures necessary to be completed prior to beginning any construction. Public access exists in the project vicinity along the public boardwalk that surrounds Balboa Island (Exhibit #2). 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 Quality The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. Local Coastal Proaram 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 local government 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 environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. 6 -04 -190 -[Olson] Administrative Permit Page 4 of 6 UNNE ,_ F; (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. 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 under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate - free and biodegradable shall be used, and the amounts used minimized. 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. (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 5 -04 -190 -[Olson] Administrative Permit Page 5 of 6 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: a. 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. Pre -Construction Eelgrass Survey 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 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. 5 -04 -190 -[Olson] Administrative Permit Page 6 of 6 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. 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 H:\FSY\Staff Reports\Sept04\5-04-190-[Olson]AP(NB) 0 14, 8 V° 42 - o <4 r � � K O 0 oLn ®o _ wuZ O Q Co u, u W Ocn U a W Cl) a Off a vi j 4 ° NO' ZZ Ul vWi �j O Q i P 2 / '\ 0 . a 0 � o v 0. 0 f -o.� ��\ O q 0 N . ORS 0 —J 39V7d AVO -Z 30 � U � r�Rmq 2r W�/1�2W�V W�a �t2 a���wwo 4 •cw �w x� —J V / 50r \/I�.rj�'rTY S'KE iCH Nt wPDX >` ��A �r: .. _Y�.. �i.al irj OFj ►t 1/a. .1't^ „ii. r-�•..IOrnr�5 9c.0 Na,Y(CSS(V1 rr/'ey: aria HARBOR RESOURCES D! Y�' CITY OF NEWPORT BEACH - 54. <h.a:.ses�,°�1:�; /611 PE of WOP-k1Re%«-fe e!�rlS44l (04 I ff ' S -M WAV OF (3v4 `2 7 -T-n .;40 3 (8 f le&wwk 67,(15 as �` . e EEL GRASS INSPECTION y ONO EEL GRASS WITHIN 15' OF PR JE1 16 EEL GRASS IN THE PROJECT ARE ROJECT ADDRESS: SIGNATURE ce�W'Z �S PERMIT# DATE Coastal Commission KCoast Dist iTL'c so s�tinit .................... -------------------a-m EFFE VE ate: CO $TAS C MISS10 5'/ — ,Ro '�✓OB aco,eEsS EXHIBIT 3 74 Z 50 FROM:SWIFTSLIPDOCK.COM (949) 631-3122 TO:7230589 P.6 C?'-6� DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O 60X 532711 LOS ANGELES, CALIFORNIA 90053-2325 August 3, 2004 REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch Swift Slip Dock & Pier Builders Attention: Peter C. Swift 2027 Placentia Avenue Costa Mesa, California 92627 Dear Mr. Swift: Reference is made to your request of May 20, 2004 (File No. 200401229-WJC). 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 relocate existing boat dock 10 feet seaward of the bulhead and install three new 18 inch pile, in the Balboa Island North Channel in 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). Thank you for participating in our regulatory program. PERM=EYpe � �! -(—�J Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch &1-1 I Q�� DATE California Regional Water Quality Control Board o.r,... Santa Ana Region Terry Tamminen 3737 Main Street, Suite 500, Riverside, California 92501-3348 Arnold Schwarzenegger Secretaryfor (909) 782-4130 • Fax (909) 781-6288 Governor Environmental http://www.swrcb.ca.gov/rwgcb8 Protection May 18, 2004 Beth Swift Swift Slip Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 PROPOSED REBUILDING OF BOAT DOCK, ROBERT OLSON, 351 E. BAY FRONT, NEWPORT BEACH ORANGE COUNTY Dear Ms. Swift: If standard dock construction methods and materials are utilized, this project should not adversely impact water quality. A statement has been submitted that there will be no waste discharged from the proposed project. Based on these assurances, clearance is provided. However, should the Army Corps of Engineers determine that this project requires a Section 404 permit, it will be necessary for the project proponent to obtain from this Board a Water Quality Certification under Section 401 of the Clean Water Act. Should you have any questions, please contact J. Shami at (909) 782-3288. Sincerely, �3 ril�meno (Jun) T. Martirez, Jr., P.l Chief, Regulations Section cc: California Coastal Commission, Long Beach Army Corps of Engineers — Erik Larsen City of Newport Beach, Marine Department - Tony Meller JIS/blutag2l5let California Environmental Protection Agency Ca Recycled Paper Ul> m I 11, a m I� CMARINE IVIC PLAZA CROW City of Newport Beach Marine Division 829 Harbor Island Drive Newport Beach, CA 92660 Attn: Chris Miller Re: 351 E. Bay Front Enclosed please find the following: Pier Slip Transfer Form. A check in the amount of $192.50 for Pier & Slip Transfer Fee. 4 Civic Plaza, Suite 100 Newport Beach, California 92660 Phone (949) 729-0199 Fax (949) 729-0190 Date: April 18, 2003 Escrow No.: 2 -4118 -DJ Should you have any questions or need any further assistance, please do not hesitate to contact the undersigned. Thank you. Mariners Escrow Civic Plaza Deborah Johnson Escrow Officer ri v n II D n n O 0 A z n <m G j F m Ln G) z c m O m m C m o Z Co Q n z O � N v-, r rt Z -Di O d c A m Q � N O � m n z O y n � � r z ❑❑❑❑❑❑❑❑ Ln G) z c m O m m C m m O m r� rt C) m m C) 71z O m o � � 3 m In m N a w Ul o Co Q O m c m � N v-, r rt Z -Di z 3 m d c A m Q � N O � m Q m O m r� rt C) m m C) 71z O m o � � 3 m In m N a w Ul rn 0:-0 fl Z n . v r m p O m -� n z 0 Ln r z m n R1 p ❑t un, m .,„ no O m F egg M 3 rn z p m, r _t o r m D ` C r �" m a g^.: n ma m, ". �z 0o m, n T v ID m t G� nZ D Gl Z � 32 L{ ^, 'n LnZ o x n OJ -1 m _ c c c N m r m m S o � O m m m m ,.:D n .m z o Z m io 10, v p m r m,N r, �_,., p 0 D ;{ � -I m m m C n 0 o z �s o „ m O Z 3 m. z m A m z D — o q m«. m n Z +�a �r = m m D o m < c m x 0 O D a z �� 3 1 m n 3 n A x O mwP m m,, Q ��W P0RT CITY OF NEWPORT PEACH U P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C �P ql� F0 March 18, 2003 Mariners Escrow 4 Civic Plaza, Suite100 Newport Beach, CA 92660 949-729-0199 Re: Escrow #2 -4118 -DJ Permit #152-0351 351 East Bay Front, Balboa Island Dear Deborah Johnson: The City of Newport Beach has inspected the above pier and found it to meet city standards. The permit will be transferred when we receive the balance of the fee, $192.50 and the completed Harbor Permit Application, which is enclosed with instructions. If you require further assistance in this matter, please call 644-3034. Sincerely, Lorrie Arcese, Dept. Asst. Harbor Resources Division 3300 Newport Boulevard, Newport Beach o ct I �p 117 _To LiNy -13 Ll L w L7 T 35 '3. M) T T C H J31AY, CAL.i. .......... 7-7 arI- Z:7 e Z; _iris .uGJRESS 17 ,3407- CIV C AZA CROW City of Newport Beach Marine Division 829 Harbor Island Drive Newport Beach, CA 92660 Attn: Chris Miller Re: 351 E. Bay Front, Balboa Island 4 Civic Plaza, Suite 100 Newport Beach, California 92660 Phone (949) 729-0199 Fax (949) 729-0190 Date : March 14, 2003 Escrow No. : 2 -4118 -DJ Enclosed a check in the amount of $192.50 for the dock inspection for the property located @ 351 E. Bay Front, Balboa Island. The Sellers agent is John & Anne Hoover #219-2560. Thank you. Should you have any questions or need any further assistance, please do not hesitate to contact the undersigned. Thank you. Civic Plaza HULA ■ \ _ o 2n z 7 ` ( c § \ .❑ ❑ ❑ ❑ ❑ ❑ ) \ \ m w _m z vm m0 c o z O a n 3 mo -i r z o 0 Z D� o m a u� r O z Av _, za m n�,� Oz El El El El El ❑ m a m ..� 2 00 (n Gi E t, n <r O M m i D �� n ' a m v z C1 D Q ... r'm a n m r . m M—F LD m 0 M �o m m � m y n m A zm 2 0 m 0 o en .oaf �. a m ��W < n n P� ip z m . tio. ..,3 Q m .., C) m ' z '�, < z m 3 � m z �, m �_ ao o Ln r k m m m , �` - 4Ati m o m so � �n n n m zM A u 2 G z G)T.., z z IM tb m m D ,, 3 n c c cn , m ' &x 0 mm 2 MARINERS ESCROW CORPORATION City of Newport Beach Marine Division Newport Pier Newport Beach, CA 92663 Attn: Wes Armand Re: Pier Transfer Enclosed please find the following: FULLY SIGNED PIER TRANSFER CARD. Please complete pier transfer, as requested. 190 Newport Center Drive, Suite 250 Newport Beach, California 92660 Post Office Box 8808 Newport Beach, California 92658 Phone(949)640-6040 Fax(949)721-8157 Date: September 12, 2000 Escrow No.: 19204 -DM Should you have any questions or need any further assistance, please do not hesitate to contact the undersigned. Thank you. Mariners Escrow Corporation £ Dana McNeill/Brian Fox oft Escrow Officers MW September 8, 2000 Mariners Escrow 190 Newport Center Drive, Suite 250 Newport Beach, CA 92660 Fax #949-721-8157, Attn: Brian Re: Pier Permit 15203451 for 351 East Bay Front Dear Sirs: The City of Newport Beach Marine Environmental Division has inspected the pier and float for the above mentioned property and has found that it meets City Standards. The pier permit will be transferred upon receipt of the transfer card signed by both the buyer and seller. If you require further assistance in this matter, please call 949-644-3041. Sincerely, Tony Mel m, Director Division of Harbor Resourcese Q ��W Pol 0 6' f- n U Z Cq�/ FORN�P August 29 2000 Mariners Escrow P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 190 Newport Center Drive, Suite 250 Newport Beach, Ca 92660 Re: Pier Permit 15203451 for 351 East Bay Front, #192 -DM Sirs: The City of Newport Beach Harbor Resources Office has received a request to transfer the above noted pier permit for 351 East Bay Front. The facility was inspected on August 29, 2000. We cannot transfer the pier permit until the following deficiency has been corrected and we have been notified of the correction: A Backflow Prevention Device must be installed at the facility. The purpose of this device is to protect the domestic water system from being contaminated by sea water. A drawing of an approved device and a drawing showing a typical installation is attached. The Newport Beach City Council Harbor Permit Policies require that at the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum standards, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit. Please advise this department when the above deficiencies have been corrected. Call 644- 3043 if you require additional information in regards to this matter or to request a re- inspection. Sincerely,L ,,� (2& 47,v-- 3o yo Wes Armand Harbor Resources -2�-�� 3300 Newport Boulevard, Newport Beach � rte•/ _7 c,. V r L` E;iJ �C t�1i T fl<ETC H 6 WX-Oger,taAy, CAL tt;Ok N7/a -'._ :r, �c .. ' ,..� �..r :f• .. - ',:1P,='?I•,5 f: r�.'O yV ft,JC017 Ori �sfuo;'Sh'eo nx .fir s ��e f.o, 0'-A,C. = , ! --, ..r ,� � i � t� h: ........ �*..: �� 3 �� -_..___ �_ �_ C� =k ) •;� T. ur ; r��. n �.ry^' ' �,.• l_i ..,. ..� , , . � - `' ti, � � ., _ i% 1; \,..�, A 1 �. .. .f ... .... .._ ...�,... � - .� ,- r , h ._ e � C �:-> � � . �;,. ; - _ .. _; �� w <., �;, ,,, ., � �.� �,: �_ � t - �:: j �� � �„ `o � ice{. j ��./ � L.n f {1.� i d' �,- ` .. - :. _ f; . r .. °'' � _ _ � � ,� � S --, ..r ,� � i � t� h: ........ �*..: LAW OFFICES OF DOLMAN & SAMUELS A PARTNERSHIP OF PROFESSIONAL CORPORATIONS 1900 AVENUE OF THE STARS, SUITE 2300 MAURICE H. DOLMAN LOS ANGELES, CALIFORNIA 90067 TELECOPIER (310) 556-1346 CERTIFIED SPECIALIST • TAXATION LAW THE STATE BAR OF CALIFORNIA TELEPHONE (310) 201-0777 IN REPLY REFER TO BOARD OF LEGAL SPECIALIZATION S. ZACHARY SAMUELS 1658.01 May 3, 1994 City of Newport Beach Revenue Division P.O. Box 1768 Newport Beach, California 92659-1768 Re: Annual Pier Permit Gentlepersons: This office represents Mary C. Dixon, the Trustee of the Dixon Family Revocable Trust, which is the owner of the real property located at 351 East Bay Front, Balboa Island, California, 92662. Mary C. Dixon has appointed Union Bank Personal Asset Management, Post Office Box 2386, Los Angeles, California, 90051-0386 as her agent in the management of the finances of the Dixon Family Revoca- ble Trust. Her trust officer at Union Bank is Alma D. Banuelos. Please notate in your records that in the future, your bill for annual pier permit should be mailed directly to Alma Banuelos for payment. Also, shouldn't the location of the pier be the same as the address of the residence? I enclose a copy of the statement which was addressed to Kenneth Dixon, who is deceased. Thank you for your attention to this matter. MHD:tew Enclosure cc: Mary C. Dixon (w/o enc.) Sincerely, / MAURICE H. DOLMAN SEW Po�,T °I> CITY OF NEWPORT BEACH �m = REVENUE DIVISION c�c�Fo�N�P 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 TIDELANDS - ANNUAL PIER PERMIT DIXONP KENNETH PIER NER: 0152-0345-1 351 E HAY FRONT RUA DATE: 02/07/94 8ALSCA ISLAND CA 92o62 ro rV r LOCATION OF PIER: 345 E aAY FRONT ANNUAL FEES - DUE 02/01/94 aALANCE DUE AS CF 03/-4'1/94: 365.40 $65.40 DIRECT ALL INQUIRIES TO THE MARINE DEPT AT (714) 6443044. PENALTIES MILL BE ASSESSED AT 25% OF FEE FOR EACH MONTH PAYMENT IS DELINQUENTS UP TO AND INCLUDING 10022, IN ACCORDANCE WITH NEWPORT BEACM MUNICIPAL RESOLUTION 48753. s - n —Fc" ToN`( Mt Lv wN C-, "I'l-i mPwzly-)C -Oc-p MAURICE H. DOLMAN CERTIFIED SPECIALIST. TAXATION CALIFORNIA BOARD OF LEGAL SPECIALIZATION S. ZACHARY SAMUELS LAW OFFICES OF DOLMAN & SAM U ELS PROFESSIONAL CORPORATIONS 1900 AVENUE OF THE STARS, SUITE 2300 LOS ANGELES, CALIFORNIA 90067 TELEPHONE (21 3) 201-0777 March 20, 1990 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED P. 700 728 210 Kenneth D. Kelley 30812 Coast Highway South Laguna, California 92677 Re: Boat Slip Rental TELECOPIER (213) 556-1346 IN REPLY REFER TO 1658.01 Dock Owned by the Dixon Family Revocable Trust Your Boat No. CF9099HJ License No. T-376627 Dear Mr. Kelley: I tried reaching you by telephone today. No one answered the phone. You have not made good on your N.S.F. check in the amount of $745.00 which was intended for boat slip rental at the dock located at 351 East Bay Front,, Balboa Island, California for the period January 1, 1990 to March 31, 1990. Therefore, you are hereby given notice to remove your boat within ten days of this notice. If it is not so removed, we shall ask the Harbor Patrol to remove the boat and to store it at your expense. Very truly yours, MAURICE H. DOLMAN MHD/srd cc: ✓Orange County Sheriff" Mary C. Dixon r SUPERCEDED 1'7- 00 � BRAG aT Nf%,.6i _ 1 ch P BALBOA I \ L6 A 1 CORONA VICINITY SKET H DEL MAR Newport Bay, California hof- "" Nt I G¢AOwlc SGAIE MILES Traced from Los Angeles US.E.D dwg 815A-1 A10 rE- So undings are expressed in Feet and denote dep ihs exisfin.Y pier and f/aaf .iridied�ec� be/ow Mean Lower 4oaw Water, MOXlmurr7 range by dot/e d is,7es of t/de approximate/y /O feet`. Proposed s/io f/o.9t indierf�d b j . solid /ices ° ` A ,\ CtS. 162 Atopo sCd ���o ` • � � , % G \`• ` \ C'51 c/'yam S. 0� 90 -sy s '�' , -�\`x•90 . PZAIV /"= so, -9y PROROS EZ7 SLIP FL DA T Newport Bay Newport Beach, California 4pplicationby CARL IIIZLGRE/V 900:+ GRallo A✓.F Date CITY OF NEWPORT BEACH TO: MAYOR AND CITY COUNCIL FROM: Harbor & Tidelands Administrator SUBJECT: HARBOR PERMIT APPLICATION NO. 152-345 APPLICATION TO: t� n November 91 1970 Revise the slip bayward of 351 East Bay Front, Balboa Island. APPLICANT: Mr. Kenneth W. Dixon RECOMMENDATION: If desired, deny Harbor Permit Application No. 152-345. SITUATION: Mr. Dixon is the owner of Lots 14 and 15, Tract 742. The exis ing pier, ramp and slip bayward of the common lot line between Lots 14 and 15 were authorized by the City Council on February 13, 1951. The existing slip has an overall length of 40 ft. and an overall width of 20 ft. Mr. Dixon desires to enlarge this slip to an overall length of 63 ft. and an overall width of 25 ft. DISCUSSION: Harbor Permit Application No. 152-345 is in violation of a_aopted Harbor Permit Policies, Sections 22 and 23 v, which states in part, "revisions to existing piers will be permitted providing they do not lessen the use of either the immediate water or land areas." The water area used by the slip in the proposed revision would be approximately double the water area presently used. Mr. Dixon was advised prior to applying for this revision that a long standing City Council policy restricts an increase in the size of piers and floats on Balboa Island and that this office would recommend against granting this increase in size. Should the Council desire to approve this application, their approval should be conditioned upon obtaining approval from the U. S. Corps of Engineers. All residents within 300 ft. have been notified by mail and to date no response has been received. G. M. DAWES GMD/db Attachment TY APPLICAtION N'O- C�OF OAl JITY SkETCH VICIM Y'- CAC IF, o Cz P'41 10 .ABC :J,. ro"l W ee OW v X/;1170 -/e; > 5-6e cy': A) .5 IV 'v'C' - CD N! .4,0,PLIC4117S /U4/xgE 0 6 74- 7,�407' U. S. Army Engineer District, laps Angeles Corps of Engineers P. 0. Box 2711 Los Angeles, California 900 0 January 7. 351 last Bayfront Albea, California 92662 Dear N a Dixon Reference .s made to your request of f gber70 for `miss o to install a boat dock in lewport BayUpon tho of the Chief of Wgineors and wader tth+ provisions f Notion �� 0 the � ?' , Act f Coag ppro "od March 3 , +£ . 99 entitled "An act making appropriations r the oonstructioi, repair, and preservation of certain faublic works on river* and harbors, and for other purposesS you are hereby authoriond by the Secretary f the Amy to install float o extend bayward to the U. S � ierhea Line in front of bots 14 and 15,Tx-act 742, halboa Island, Nesport Seach, Orange Cnunty as shown on the attached drawing. This nthi°'.%mation does not givo any ew o e ' y rights, either In r*a! estete or material, oray excluaive privileges; and does not autborize any injury to private property or invasion of private rights, or any whi nment of raderan state, or local I= or regulations, nor d .t obviate the neeessity o , obtaining «tate aniant to the work gthorize t BY AUVORITY OF THE KCRETARY OF THE ARKV ROBERT J. MALLEY Colonel, CIE. Diatrict Engineer CF; ty of Newport Beach Harbor & Tidelands Administrator wo/dw y U. S. Corps of Engineers Post Office Box 2711 Los Angeles, California 90053 Attention: Waterways Control Section Subject: Harbor Permit Application No. Dear Sir: I hereby request a U. S. Corps of Engineers' Permit for the construction and installation of a boat dock and appurtenances thereto, to be located in Newport Bay, bayward o Lot No. 14 & �5Block No. , Tract 742 , Newport Beach, Calafornia. I am ttie owner of the aforementioned property, and I have made application for a Harbor Permit to the City of Newport Beach. The adjoining property owners are: Lot 17 Block Lot Block Tract 742 Tract Henry Brent 341 E. Bayfront Balboa, California Date 10/7/70 Enc. Plans dated 10/5/70 1 Sepia 4 copies r Respectfully submitted, Kenneth W. Dixon 351 E. Bayfront BNIBoa, California CITY OF NEWPORT BEACH APPROVAL The Harbor and Tidelands Administrator of the City of,.Newport Beach has reviewed Harbor Permit application by(�J and subject to the approval of the U. S. Corps ot Engineers,.wiil issue I Harbor Permit No. 1 - G. M. 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