Loading...
HomeMy WebLinkAboutM2005-0036Action DREDGING PERMIT Harbor Resources Division Address: V"'Z Pier Permit #: / 7 Status Application Received Date: -7 9� /7 /0 15 Eelgrass Inspection Eelgrass Present No X Date: Yes H. R. Approval to Comments: Completed Date: Submit to Agencies 0 �c eyd 7 Sent to Corps/Costal Date: -71111oS- OK from Corps Yes -7 N o OK from Coastal Yes I b- 4 0 5 No Dredging Approval H. R. Initial Date: Completion Report Date: Received Comments: POSTDREDGING COMPLETION REPORT The perntittee shall send one (1) copy of the post -dredging report for each completed nulividual, dredging project to the Corps and the CCC documenting compliance with all general and special conditions defined in this permit. The post-dredgmg report shall be sent within 45 days after completion of the complete individual dredging project authorized in this permit Me post -dredging report shall include the followmg information for the completed inclividual dredging project. Permit Number 11,5- f Ito Start Date: 10- 19- 06 Completion Date: 1,0-ato-vs- Total dredged material to Beach- 11P-aahoe- latr,46 to Sea (LA3): Total acreage impacted. .,o 3 Mode of dredging and transportation, and method and frequency of disposah Hydraulic Suction transported through a pipeline onto adjacent beach. Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip to the LA -3 ocean disposal site. USCG Contact Yes No Form of dredged materiak Slurry X Cohesive Procedure and location where the disposal barge or scow was washed: No washing.necessary. A certified report from the dredging site inspector and the captain of any tug or other vessel used to transport and dispose of dredged material at LA -3 indicating all general and special permit conditions were met Any violations of the pernut shall be explained in detail. All conditioning permits were met Yes No Post -project surveys of Eelgrass beds potentially affected by the dredgin,-- Not necessary as no eelgrass was identified in dredging area. The post -dredging report shall be signed by a duly authorized representative of the permittee. The pernuttees representative shall make the follovving certification, I certifij under penalty of law that this document and all attachments were prepared under my direction or supervision in awordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted Based on My inquuy of the person or persons who manage the system, or those direcilij responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, tru�, accurate, and complete. I A Wi am aware that there are significant penalties for bmi fidse inforn"idn, ind di the possibility offine and imprisonmentfor knowing viola * s qio-nafiirp ?J?E:S STATE & FEDEPAL AGENCY DREDGING APPLICATION Permit No' L Payment: Check No: Date: Project Location: '31(4> V(A I-IncD kJc,?,6 dELA-9 OIL> C A Latitude/Longitude: �J W C1 1 (9 Cubic Yards to be Dredged: Method of Dredging: 4!J Q IZA L) Ltc- -5uc-,,=-tJ Nature of Dredged Material (Grain size data): R(EAS,P- -SEE A=6cjAL-r1 A,6�� Disposition of Dredged Material: BEAC.d RZaE*.11 kqur- Tr-) A�n)pc�r- &---A4c�4 ( < Method of Material Disposition: HVD9kL-&ir- Effect of Dredging on Contiguous Bulkheading and Beaches: REPLE&JISkES SAisin Th, (<19PPO Awo �fpays FIZOT-OC-T- 5JEA,6JA,-C-- Project Begins: Project Ends: Page 2 Dredging Application 1, SEA&J LJALI�W— (Applicant/Applicant's agent), hereby certify that I have read the U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal Commission permit #5-99-282 for maintenance dredging in Newport Harbor and that I will comply with all of the conditions of those permits. I will further hold the City harmless from and indemnify them against any claim for damages arising out of the exercise of these permits. In addition, 1, as the applicant shall reimburse the City of Newport Beach for all attorney's fees and other costs expended by them in defending any claim, lawsuit, or judgment arising out of the activities of the applicant carried on under the authority of such permit. SGAvJ WALqk� Applicant – Please Print SuF–i—L-HA - ve—m ii, c Contractor – Please Print" 6 — 2-9 — C)9-' Date Signed- ��AwLA,(L ApplicantFA-gent STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 July 20, 2005 (562) 590-5071 Mr. Tom Rossmiller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Condition Compliance — Coastal Development Permit 5-99-282, as amended & Conformance with Consistency Certification CC -078-99 & CC -077-01 Dear Mr. Rossmiller: Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5-99-282, as amended, and/or as evidence of conformance with Consistency Certifications CC -078-99 or CC -077-01 for the following sites in the City of Newport Beach: City Harbor Permit # Site Address Beach Disposal Qtj (cu.yds) Ocean Disposal Qtyt (cu.yds) Cumulative Total� for 2005 175-816 816 Via Lido Nord 112 0 None Identified 235 East Bay Front 1 60 0 Sub -total 5461 1200 Year-to-date total 1 9529 Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certifications CC -078-99 and/or CC -077-01 and that no further federal consistency review is necessary from the Commission for the dredging components of the projects. In addition, the proposed beach disposal events have been reviewed and found by the Executive Director to be consistent with Special Conditions 1-3 and 9-12 of Coastal Development Permit 5-99-282, as amended. No further review is necessary from. the Commission for the beach disposal components of the projects. Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -078-99 and CC -077-01 and/or conform with the terms and conditions of Coastal Development Permit 5-99-282, as amended. Any change in the projects may cause them to lose their status as consistent with CC -078-99 and CC -077-01 and/or CDP 5-99-282, as amended. This certification is based on information provided by the recipient of this letter. , If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC -078-99 and CC -077-01 and/or CDP 5-99- 282, as amended, is obtained. If you have any questions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200. Sincerely, Karl Schwing Supervisor, Regulation & Planning, Orange County Area Cc: Mr. Mark Delaplaine, California Coastal Commission Ms. Cori Farrar, U.S. Army Corps of Engineers Not to Exceed 500 cubic yards per dredging and beach disposal event Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event Not to Exceed 20,000 cubic yards per year DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532111 LOS ANGELES, CALIFORNIA 90053-2325 REPLY TO �TTENTION OP July 22, 2005 Office of the Chief Regulatory Branch City of Newport Beach Harbor Resources Division Attention: Chris Miller PO Box 1768 Newport Beach, California 92658-8915 Dear Mr. Nfiller: This is in reply to your applications dated June 21, 2005, for Department of the Army Permits to conduct maintenance dredging, per Regional General Permit No. 54 in Newport Bay, Newport Beach, Orange County, California. This letter authorizes maintenance dredging at five project sites within Newport Bay (see below). USACE Base # City Harbor Permit Site Address Volume (Cubic Yards) Beach Disposal Ocean Disposal 200501708 175-816 816 Via Lido Nord 112 112 0 200501709 None 235 E Bay Front 60 60 0 200501679 133-16 16 Linda Isle 240 0 .240 200501680 133-9 8, 99 98 & 99 Linda Isle 800 0 800 200501681, 114-328 328 Buena Vista Blvd 160 0 160 Totals 1372 172 1200 -- v -2- Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54. As long as you comply with the general permit conditions of RGP No. 54, an individual permit is not required. Furthermore., you must comply with the following non -discretionary Special Condition: 1. The permittee shall complete all dredging and beach disposal activities prior to January24,2006. Should additional time be required, the permittee shall conduct anew eelgrass presence/ absence survey per the requirements of. the Southern California Eelgrass Mitigation Policy (see: http://swr.nmfs.noaa.gov/hcd/eelpol.hbn) and submit results to the Corps with a request for additional time. 2. The pern-dttee shall confirm coordinates for location of offshore disposal site with City Harbor Resources Division of all material approved for ocean disposal prior to the disposal of material. The location of the designated site for LA -3 is expected to change in September 2005. A general permit does not grant any property rights exclusive privileges. Also., it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law. Thank you for participating in our regulatory program. If you have any questions, please contact Corice J. Farrar of my staff at (213) 452-3296. 1 am forwarding copies of this letter to: Mr. Karl Schwing, California Coastal Commission, PO Box 1450, Long Beach, California 90802-4416; Mr. Bob Hoffman, NOAA Fisheries, 501 West Ocean Blvd, Suite 4200, Long Beach, CA 90802-4213; Mr. Brian Ross., USEPA, Region 9, 75 Hawthorne Street San Francisco, CA 94105. Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch VK;lMlY MFU- NaNport Bay, CA. or. .. a . I bbdwddmft Isom* of DAY. EEL GRASS INSPECTION NO EEL GRASS WITHIN 15'OF PROJECT EEL GRASS IN THE PROOJECT REA M Ito) U 17:5- -3/jo 0)" HARBOR RESOURCES 31V. (;ITY OF NEWPORT BE, kCH 4'57hr'j"r HAV 7 1-2 /01 NMPMS–N jNwFft8vPPaftd INk-WQMgAW 4�1� Zn 44z r 'noposamwoo* PROFILE Eddk* VIM - NM — 'Mwpa6s 0 US6MERHODUM I I W.4r 4W-tr 41r - — - — - — -- — - — - L - — - — - — - — - — - / — -- - — - — - — *4lVdA' EIM.GANGVW or W4rX=42 exlswmpm iieNrim tWWrx2M 4W T 4W -Cr ow 4w -w 1RAcrNo. TRACMD. mar"o. IPACMD. 347 346 30' 344 343 . . . . . . . . . .. L - — - — - — - — - — - - — - — - — - — -- j - — - — - — - — - — - -- — - — - — - — - — Curd Dock lun nam J"CuFd 1A3Vv.M%%UftN0d Kw*od8emchM n Ks Exh&V Lawd 7.; ws 'a"m r4m can CbedodDr. Mmm CA W429 scdoc Dow Sheet CLI Job NM ma-rm 0101MINEEMINEEN NEMESESUMN: 0 A R : N R 4 41-T-J�-910 I RNMENE KNINININ1110111 M1 TIM-, . Scan Walsh BELLPORT 101 Shipyard Way, Suite M Newport Beach, CA 92663 July 6, 2005 Our Pro)ect K05.045.00 SUBJECT: Phi Grain Size Test Results for the Soil Samples Obtained from -'ak 06r0a.:, the Curci Residence located at 816 Via Lido Nord, Lido Isle, Newport Beach, California. Dear Mr. Walsh: Presented herewith are the results of our phi grain size analyses performed on the two soil samples provided to us by your firm. The test procedures were in -63 (1998) and US. Army Corps of Engineers accordance with ASTM D 422 Report Number CETA 79-7 criteria. Please do not hesitate to call if you have any questions after you have reviewed the attached data. Respectfully submitted, Karen E. Geraci, Project Engineer � "M WIT, OF;ESS1 �A E - G 0 No, 6 �97 Mn a U3 Cr EXP. clvl\� OF C Attachments: Plates 1.1 and 1.2 Grain Size Summaries Plates 2.1 and 2.2 Cumulative Grain Size Distributions PHI Units Distribution: Addressee (2) ------ P.-\PRCTECrS\KO5.045.00\KO504500-P -GS Er L111 dO I 9 9 K Sieve Opening Particle Diameter in U.S. Standard % Matedal Cumulative Percent (mm) Phi Units Sieve Size Retained by Weight Retained ----------------------------------------------------------- 9.5 -3.25 3/8" 0 0.0 4.75 -2.25 4 0.2 0.2 Gravel 2.83 -1.50 7 0.1 0.4 2 -1.00 10 0 0.4 1.41 -0.50 14 0 0.5 1 ------------- -------- 0.00 ------------------------------------ 18 0 0.5 0.71 0.50 25 0.2 0.7 0.5 1.00 35 1.5 2.2 0.35 1.50 45 5.9 8.1 0.25 2.00 60 23.7 31.7 0.177 2.50 80 32.4 64.2 Sand 0.125 3.00 120 27.1 91.2 0.088 3.50 170 7.6 98.8 0.075 3.75 200 0.5 99.3 0.063 4.00 230 0.1 99.4 ----------------------------------------------------------- Silt-Clay <0.063 <4.00 <230 0.6 100 A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by BELLPORT. The sample consists of a POORLY GRADED SAND (SP): olive -olive -gray (5Y 4/2-3); humid; fine to medium sand. The sample was obtained from the Curci Residence, 816 Via Lido Nord, Lido Isle, Newport Beach at a depth of 2.5 feet to 0.0 feet MLLW. IMEMENERNME is ;.:"Mmmmmml MF I I David H. Lee & Associates, Inc. I PHI GRAIN SIZE SUMMARY 23011 Moulton Parkway, Suite D-1 1 L a Hills, CA 92653 agun BE Telephone: 949-461-5690 CLIENT: BELLPORT Fax: 949-461-7901 A! 3 1 Sieve Opening Particle Diameter in U.S. Standard % Material Cumulative Percent (mm) Phi Units Sieve Size Retained by Weight Retained ----------------------------------------------------------- 38.1 -5.25 11/2" 0 0.0 19 -4.25 3/4" 1.2 1.2 Gravel 9.5 -3.25 3/8" 0.6 1.8 4.75 -2.25 4 1.8 3.6 2.83 -1.50 7 1.1 4.8 2 ----------------------------------------------------------- -1.00 10 0.5 5.2 1.41 -0.50 14 1.1 6.3 1 0.00 18 2.5 8.8 0.71 0.50 25 4.6 13.4 0.5 1.00 35 10.8 24.3 0.35 1.50 45 16.5 40.8 Sand 0.25 2.00 60 29.1 69.9 0.177 2.50 80 17.1 87.0 0.125 3.00 120 8.8 95.9 0.088 3.50 170 3 98.9 0.075 3.75 200 0.3 99.2 0.063 ----------------------------------------------------------- 4.00 230 0.1 99.3 Silt-Clay <0.063 <4.00 <230 0.7 100 A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by BELLPORT. The sample consists of a POORLY GRADED SAND (SP): olive gray (5Y 4/2); saturated; abundant shells & shell fragments. The sample was obtained from the Curci Residence, 816 Via Lido Nord, Lido Isle, Newport Beach at a depth of -1.5 feet to -4.0 feet MLLW. David H. Lee & Associates, Inc. PHI GRAIN SIZE SUMMARY 3011 Moulton Parkway, Suite D-1 I IMM :sMiNNE11111 Laguna Hills, CA 92653 mmmmmlllmmmmmml Telephone: 949461-5690 CLIENT: BELLPORT 100MERNMENEEMEM11 Fax: 949-461-7901 up ON I RAN !�� Eelgrass Survey Reporting Form (Version 1.0, June 20, 2003) This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For fin-ther information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4/2-18). Site Name: 816 Via Lido Nord, Newport Beach (common referen��e) Survey Contact: (name, phone, e-mail) Mark Sites J949) 675-1071 Permit Reference: . . . (ACOE Permit No., RWQCB Order or Cert. No,) RGP #54 Hydrographic System: (bay, estuary, lagoon, or harbor) Lower Newport Harbor pecific Location: (UTK Lat-/Long-, datum, N 33 36.6761 accuracy level, attach W 117 54.681' electronic survey area map if ossible) Was Eelgrass Detected: Yes, Eelgrass was found at this site. XXXX____No, Eelgrass was not found at this site. Description of Permitted Work: Maintenance dredging for boat slip. Sand pumped to (describe briefly the work to adjacent beach. be conducted at the site under e permits identified above) Description of Site: Depth range: (describe the physical and +2'to -9'MLLW biological conditions within the survey area at the time of e survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate � pe, Sand to silt over sand Temperature: 64 F Salinity: NA Dominant flora: I None Dominant fauna: Mussels on dock floats. Exotic species encountered: None Other site description notes: None Description of Survey Survey date Effort: and time June 30, 2005 1445-1515 (please describe the surveys period. conducted including type of urvey (SCUBAL, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in 2' water Survey type and methods: SCUBA survey follo-wing submerged lines parallel to ro erty lines Survey personnel: Mark Sites F urvey ensi Over 50% rvey Mitations: r Poor visibility Other Information: [+ (use this space to provide any additional information or +4.2' MLLW flood tide references to attached materials such as maps, Drawing and aerial attached reports, etc.) Eelgrass Survey Reporting Form (version 1.0, 6/17/03) Map Output Page I of I http://www6.city.newport-beach.ca.uslservleticom.esri.esrimap.Esrimap?ServiceName=nb... 6/30/2005 Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic alga Cauterpa tadfulta that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boardg (Regions 8 & 91) The fbrm hag been designed to ass-ist in con"lling- the costg of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Cmderpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caiderpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For fiirther information on these protocols, please contact: Robert Hoff -man, National Marine Fisheries Service (NGAA Fisheries), (562) 9804G43, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: July 2, 2005 Name of bay, estuary, lagoon, or harbor: Newport Harbor Specific Location Name. - (address or common reference) 816 Via Lido Nord Site Coordinates: (UTM, Lat./Long., datum, N 33 36.676' accuracy level, and an W117 54.681' electronic survey area map or hard copy of the map must be included) Survey Contact: (name, phone, e-mail) Mark Sites (949) 675-1071 Personnel Conducting Survey (if other than above): (narne,phone, e-mail) same Permit Reference: (ACOE Permit No., RWQCR Order or Cert. No) ACOE RGP 954 Is this the first or second survey for this project? second Was Caulerpa —Yes, Caulerpa was found at this site and Detected?: (if Caulerpa is found, please immediately has been contacted on date. contact NOAA Fisheries or CDFG personnel identified XXXXXXXXX above) No, Caulerpa was not found at this site. Description of Permitted Work: (describe briefly the Maintenance dredging work to be conducted at the site under the permits identified above) Description of Site: Depth range: +2' to -9' MLLW (describe the physical and Substrate type: Sand to silt over sand biological conditions within die survey area at the time of the survey and provide insight into variability, if known. Please Temperature: 64 F Salinity: NA Dominantflora: provide units for all numerical None information). Dominantfauna: Mussels on dock floats Exotic species encountered (including any other Caulerpa None species): Other site description notes: None Description of Survey Survey date and Effort: timeperiod: June 30, 2005 1445-1515 (please describe the surveys Horizontal conducted including type of visibility in water.- 2' survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the Survey type and methods: Surveillance level SCUBA survey following submerged lines parallel to property lines bottom actually viewed). Describe any limitations Surveypersonnel: encountered during the Mark Sites survey efforts. Survey density: Over 50% Survey limitations: Poor visibility Other Information: (use this space to provide +4.2' MLLW flood tide additional information or references to attached maps, reports, etc.) I Drawing and aerial attached Caulerpa Survey Reporting Form (version 1.2, 10/31/04) Map Output Page I of I http://www6.city.newport-beach.ca.us/servlet/com.esri.esrimap.Esrii-nap?Serv1ceNanie=nb... 6/30/2005 W L.0 LL CU 07/0e/2005 11:11 NO.649 1?03 W B E L L P 0 R T July 8, 2005 Richard Carroll 820 Ma Udo'Nord Newport Beach, CA 92663 Re; Curci Residence Dear Richard: As you may be aware. we're getting ready to install the new dock for my grandfather and Lois in the next few months and prior we will be doing a little necessary dredging work to accommodate the new slip size. The City requires that we notify the neighbors on either side in writing as a courtesy before work commences so in accordance with the City of Newport Beaches dredging permit application procedure this letter is intended to serve as that written notification. We will be doing what is commonly known as beach replenishment which is where sand which has eroded from the beach is dredged and replaced back onto the beach where it came from. We 'anticipate moving approximately 112 cubir- yards (y) of sand in the proosss. Please feel free to contact me at the number below if you have any questions. Best regards, Sean Walsh BellPort Group 101 Shipyard Way, Suite M, Newport Beach, CA 92663 Tel: 949-723-7780 fax- 949-723-7786 www-beliportgroup.com 07/08/2005 11:11 NO.649 IP02 IK B E L L P 0 R T July 8, 2005 Congdon Family 812 Via Lido Nord Newport Beach, CA 92663 Re: Curci Residence Dear Bill: As you may be aware, we're getting ready to install the new dock for my grandfather and Lois in the next few months and pdor we MI be doing a little necessary dredging work to accommodate the new slip size. The City requires that we notify the neighbors on either side in writing as a courtesy before work commences so in accordance vAth the City of -Newport Beaches dredging permit application procedure this letter is intended to serve as that written notiffication. We will be doing what is commonly known as beach replenishment which is where sand which has eroded from the beach is dredged and replaced back onto the beach where it came from. We anticipate moving approximately 112 cubic yards (Y) of sand in the process. Please feel free to contact me at the number below if you have any questions. Best regards, Sean Walsh BeFort Group 101 Shipyard Way, Suite M, Newport Eleach, CA 92663 Tel, 949-723-7780 bx- 949-723-7786 www.beliportgroup.com X -:N0 -I 0 EEL r)5-?) VICINITY MAP Newpon Bay, CA. S.—Mg - — - xp,..ftd i. fied M deo0fl- depft below Mean L�Low VAMWWM� Maxin-n ramp offdo i—pp-d-*B� 10 feeL kftgborh� wowteb%had In Oft swdon of fiftwpodBay- HARBOR RESOURCES DIV. CITY OF NEWPqRT BE kCH C11";,; M)-Ilc-;/ 1111q101 F;hal Dfct.;ns5 shall 1-ndu4e' Cc,, 11 ouk jCcy -<-e+ba6(c- , PM f- be cA Z- ea 5- � !�; " &anbv-,ay mu T-� be- 2,/' pele, STD- 6cV-6 New Poe New Piles New PVe Suppoded NM sangwray -E pier- (3!.6'x 231 vi EL GRASS INSPECTION Pmposed New DO& GRASS WITHIN 15'()F PR 4V ASS1N THE PROJECYA PROFILE SIGNATURE EZslinq BoM I/j/2,J01 ly, FLEGEM NEWPILES M Snow -Tr-r— 6- 14�rdd US FIERHEADME IIEW 4LU-01a V-Crdd + — - — - — - — /4-NEWSW 30'(r 41r -Cr EX15r- SLI' LM BULKHEAD UWE IV-ul NEINGANGMY V-" 5&-W EMST94GPIM NEWPIER CM4rX25'177 - — - — - — - — - — - — - 4V -V' 'W4r -W4r 4V -W TRACrNO. TRACT NO. TRACT NO. TRAcr No. TRACTNG. 347 346 345-' 344 343 - — - — - — - — - — - . . . . . . - — - — - — - — - — - -- — - — - Revisio= Curd Dock Bellingham John curd Lzt 345,816 Via Lido NDFd Newpoft Beach ca. W..d. hrb'.- and wahwfm& sakdAms sbus., . j., nhohd= by. XG Eyisting Layout W- .22D5 Badnem Park Drim Scalm nft Mon. CA 9500 7EI- gq 678-2 0 385 Sheet CLI JOb ND. ...W- FAk M-1760 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions November 19, 2004 Property Address: 816 Via Lido Nord 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 reauire 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. The size of the pier platform was allowed per a Harbor Commission decision on October 14, 2004. See attached Staff Rpnort. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. Vessels will be allowed to project beyond the end of the finger / slip by the width of their beam. 6. The maximum beam of a vessel that is permitted to side tie to the eastern finger is 5'. 7. The maximum beam of a vessel thatis permitted to side tie to the western finger is 7.5'. Signature: Chris Miller, R I/- IS_ rces Supervisor ':;7/16/,r--/ Applicant Signature Print Name Joint Pier Applicant Signature (if applicable) Print Name 36p S h e 1 1 m a k e r I nc 9495485315 p.3 U0 JL'4 ZF NLJ. 'J33 IM4 r x no 949S 5 h a I Wroo 10- !9!4 HARIWR RESOURCES DIVISION M Harbor Island Drive NewPMt Beach. CA 92660 949-644-3034 / Fax 949-723-0589 pier permit CondMons NmooMber 119.2004 Properly Address: 816 Via Udo Nord WA h reffferm to ft plans myrenitly under consideratim to recorfture or modify the dock SyMM, the following condnkm vWj row be in effect on " above referenced Pier - 1. The pier pwmittos is aware of the Harbor Permit Policies and Chapter 17 Of the C'ty of Newport Beach Municipal Code. The pier permittee understands that the above referenced OW is under #0 pmiew of these Pefficies and Codes. 2. Any future work an the above Mentiomci pier requires permits with the City Of Newport Beach and any other applicable agencies. Niftrig, replacement of rub rails and work considemdw be cosmetic "I natm dow not mQUim a MuM. 3. The cwdftm set forth in fts domment peftin to the current PqwsQd dock system under c0nsW6rdt!Dn- Any future modrwetions. or altera*yns to the dock sYSVM MY require MW CwWMW% which my override or change these conditions. The size of the Pier Platf0cm VM allowed per a Haftr CkimmiSsID11 decision on October 14, 2004. SM allschsd -ftO RmKO. Pato 4. 0* nvdne oriented uses are allovied Orl the pier, pier plaffon7k. gangway and 1110at- fum"ure. plarft etr—are not oerwated - 5. Vqsseft will be allowed to project beyond " end ol ft *Ver I slip by the width of theit basm 6. The "Wdmum bearn of a vem, that is permitted to side tig to thig eastern finger is 5'. 7- The maximum beam of a vessel that is permfted to side tle to ft westem finger Is 7.5'. sWature: Chris MNW, HMW 148SOURM SuPeIVIS" Pier Applicant Sigr-sluffl fWappikable) Print Name '��Wpo �' 7tr � 4--ro 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: Replace wooden dock with new concrete dock in a modified configuration. Replace existing non -conforming pier in same basic configuration. The only change being to allow space for the new ramp at the correct length. See 2 requested additions for final drawings. jAddress number must be stenciled on 1 bayward facing pile.- jPier conditions must be signed by applicant prior to final approval. Wroperty Address: 816 Via Lido Nord I Legal Description: lHarbor Permit Number: 175-816 1PIan Check Number: TBD jApplicant: John Gurci Applicant's Mailing Address: 816 Via Lido Nord, Newport Beach, CA 92663 Phone Number: 949-631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any-. 3. The general uses and intensity of use proposed for each part of the area covered in the application. And find Page 1 of 2 They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and anv applicable specific or precise plans or, ii 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 concer)t and said annroval has been written uDon said n1ans. sianed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local quidelines adopted thereunder, this development: �(Has been determined to be ministerial or categorically exempt. o Has received a final Exemption Declaration or final Negative Declaration (copy attached). o Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to reiection in principal bv Newport Beach unless a substantial chanae is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached conditions to the pier permit. Tom Rossmiller, Manager, Harbor Resources Sicinature: i f M .Chris Miller, Harbor Resources Supervisor November 19, 2004 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 WORKSHEET FOR BUILDING I FIRE PERMIT APPI-49RUOR RESOURCES DIV. 'iffl �CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH BUILDING DEPARTMENT ts I jq 16m PI FARF PRINT C)R TVPF= 1. PROJECT ADDRESS (NOT MAILING ADDRESS) LOOR SUITE NO. vi �-o mov-d i CAFN LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT I I 2. DESCRIPTION OF WORK . NEW n ADD n ALTER E] Check Armrooriate Box cl-ot, IL USE m �Qjeal ist-L e -b-- % � A # OF STORIES VALUATION DEMO FT EW/AD D E D/EXTG) D,T OWNER'S NAME LAST FIRST curc-i i CAFN OWNER'S ADDRESS OWNER'S E-MAIL ADDRESS 2 11., V L tdz Kt 0 r ej . I CITY STATE ZIP PHONE NO. Be-a� CAIN, 4. ARCH ITIt-CT/D ES IGNER'S NAME LAST FIRST LIC. NO. ARCH ITECT/DESIGN ER'S ADDRESS ARCH ITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. F] 5. ENGINEER'S NAME LAST FIRST STATE LIC. NO. ENGINEER'S ADDRESS ENGINEER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 6. CONTRACTOR'S NAME BUSINESS LIC. STATE LIC. S ba I V*�� T -4-,--C- . 15-F Ma '�O� INo. 541 LA-:�q CIassA8 CONTRACTOR'S ADDRESS CONTRACTOR'S E-MAIL ADDRESS 0 Pk&lc�� sv\eAt��'Sb��IoW.Ne-f 9TY STATE ZIP PHON" . K-p–s 0-- — CA 1(p; OFFICE USE ONLY PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. PLAN CHECK FEE $ OCCUPANCY- GROUP PLAN CHECK ENG. INSPECTION FORM /2 Wed or F/,;dc� Harbor Resources Department Date: /S /0� Inspection Requested By: CM Inspector: Don Duffy Pier Address: U;cf ('11du Nova Pier Transfer Reinspection GFI Present Yes Need None Needed Yes Need Anti -Siphon / Backflow Present Eelgrass Yes No Presenti I Pump Out 46i, Pier.Location Yes No Operational I Recommended Action Encroachmenet Address of Complaining Party Boat Description _GF Number Location on Dock Comments / Observations Other Request r -e q Ice— do (,k- -<—ys ,�, 6; k -e- Permits Output Page I of I e-mail all technical problems and errors. Please Building Department Online Services Building Department Information: (949) 6"-3275 - Inspection Line: (949) 6"-3255 Plan Check Submittal Information Plan Check Number Status Description Street No. Street Name Applied Approved Expired Plan Check Target Date Plan Checked By 0880-2005 APPLIED NEW CONC DOCK/PIER/RAMP 816 VIA LIDO NORD 417/2005 10/4/2005 5/5/2005 Street Dir Notice - Building Contractor and Owner / Builder After your project is approved, please call 949/644-3288 before you come in to obtain the permit to verify that the responsible plan check engineer is available to sign the dravAngs. Plan Check History Date Department Action Entered by 09/06/2005 BUILDING 1st Notice Sent RPT 05104/2005 BUILDING Approved SK 04/15/2005 HARBOR Corrections -Required C Miller RESOURCES 04/07/2005 BUILDING Plan Check Pending SK 04/07/2005 HARBOR Plan Check Pending RESOURCES The above plan review status reflect the last 10 activities of the relevant department when entered in the system. For further information or status inquiries please contact the individual departments. Building (949) 644-3288 Plannning (949) 644-3204 Public Works (949) 644-3311 Fire (949) 644-3106 http://www2.city.newport-beach.ca.us/permitsN200plan—ck.asp 9/26/05 'klpo?7� 09/06/2005 SHELLMAKER INC 2035 F PLACENTIA AVE COSTA MESA CA 92627 CITY OF NEWORT BEACH SUBJECT: PLAN CHECK EXPiRATION DATE ADDRESS: 816 VIA LIDO NORD BUILDING DEPARTMENT Jay Elbettar, Director Our records indicate your Plan Check Number(s) 0880-2005 will expire on 10/04/2005 based on limitations set forth in Section 304.4 of the Uniform Administrative Code. You must obtain a building permit or request an extension by writing to the Building Director prior to the expiration date and show that circumstances beyond your control have prevented you from obtaining the permit. If you allow your application to expire, you must pick up any drawings that we have in our office within ten (10) days after the date of expiration. After that time, we will assume you have no further interest in the plans and dispose of them. To continue this project after the expiration date, a new application and plans must be submitted and new fees must be paid. For further information, please contact a permit technician at (949) 644-3288. Very truly yours, BUILDING DEPARTIROE�4­1­ For Jay Elbettar, P.E., C.B.O., Director By: Au_)� Permit Technician 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3275 - Fa)c (949) 644-3250 -Website: www.newport-beach.ca.us/building e-mail: enb�-blg@city.newport-beach.ca.us STATE OF CALIFORNIA --THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER. Govem CALIFORNIA COASTAL CqMMIGSSION SOUTH COAST DISTRICT PO Box 1450 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 www.coastal.ca.gov Date: . September 26, 2005 Permit No. 5-05-127 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on August 24, 2005 and was reported to the Commission on Friday, September 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. Q.OUGLAS Executive Di�ctor By: KARL SCHWING Orange County Area Supervisor dt CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA- THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER. Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. 5-05-127 200 Oceangate, Suite 1000 Date: August 25, 2005 Long Beach, CA 90802-4302 a (562) 590-5071 F3a Page 1 of 6 ADMINISTRATIVE PERMIT APPLICANTS: John Curci, Trustee PROJECT DESCRIPTION: Remove and replace existing "U" shaped boat dock system consisting of a wood pier, gangway, and floating dock and three concrete pilings with a new system including: two (2) 5' x 48' fingers, 6' x 27' headwalk, 3 1/2 , x 25' gangway, including removal and replacement of three 12" square concrete pilings with three new 14" square concrete pilings, and demolish existing 15 ./2' x 25' pier with four 12" square pilings and re -construct 15 Y2' x 25' pier with two 14" square "T" pilings, and use of a TREX-like composite decking material in lieu of wood for the new pier and ramp. PROJECT LOCATION: 816 Via Lido Nord, 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: September 16, 2005, 9:00 a.m. Wharfinger Building I 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 LAS Execu* or By: — Karl Schwing Title: Coastal Program Analyst 5-05-127 (Curci) Administrative Permit Page 2 of 6 STANDARD CONDITIONS: Notice of Receil?t and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extensior 3f the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages four to six. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Prooect Description The subject site is located at 816 Via Lido Nord in the City of Newport Beach (Exhibits #1-2). The subject site is located at Lido Isle, a bulkheaded island developed primarily with single-family residences. The proposed project (Exhibit #3) involves the removal and replacement of an existing "U" shaped boat dock system consisting of a wood pier, gangway, and floating dock with a new system including: two (2) 5' x 48' fingers, 6' x 27' headwalk, 3 1/2 ' x 25' gangway, including removal and replacement of three 12" square concrete pilings with three new 14" square concrete pilings, and demolish existing 15 1/2' x 25' pier with four 12" square pilings and re -construct 15 1/2' x 25' pier with two 14" square "T" pilings, and use of a TREX-like composite decking material in lieu of wood for the new pier and ramp. The dock project will be used for boating related purposes to serve a single-family residential development. The site has been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 feet of the project area. In addition, Special - 0 5-05-127 (Curci) Administrative Permit Page 3 of 6 Condition 4 requires a Caulerpa taxilfolia survey not more than 90 days prior to commencement of construction. The surveys are valid for a limited period of time (until the next growing season for eelgrass and 90 days for Caulerpa taxilfolia). If construction does not occur within the respective time periods, subsequent surveys will be required. Special Conditions 3 and 4 identify the procedures necessary to be completed prior to beginning construction in the case the surveys expire prior to commencement of construction. In addition, Special Conditions 3 and 4 identify post -construction eelgrass and Caulerpa taxifolia procedures. Public access to the bay is available approximately 150 feet west of the project site at the end of Via Waziers and approximately 300 feet east ot '.he site, where in both locations, there are small pocket parks adjacent to Newport Bay. 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. The proposed project includes the demolition and re -construction of a 15 1/2' by 25' pier. Typically, the City has limited pier platforms to a maximum of 10' x 14' with two "T" piles supporting the platform. However, in this case, the City allowed the re -construction of a 15 % by 25' pier at this site because there is presently a pier platform of the same size at the site. The City typically does not allow pier platforms to exceed the City's adopted standard size, unless there is already such a pier platform at the site. As with a 10' by 14' platform, the proposed pier will only require two "T" piles; thus there is no difference in the quantity of fill for the pilings associated with this larger pier platform. Furthermore, there is no eelgrass in the vicinity of the proposed project, thus the proposed pier platform will have no adverse effects upon existing eelgrass beds. B. Marine Resources The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. C. Water Qualit The proposed work will be occurring on, within and adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Executive Director imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Executive Director requires the continued use and maintenance of post construction BMPs. As conditioned, the Executive Director finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. 5-05-127 (Curci) Administrative Permit Page 4 of 6 D. Local Coastal Program The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on January 9, 1990. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. I Approval of the project, as conditioned, will not prejudice the ability of the City of Newport Beach to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. California Environmental Quality Act (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Executive Director finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and is consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITIONS: 1. Water Quality A. Construction Responsibilities and Debris Removal (1) No construction materials, equipment, debris, or waste will be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion. (2) Any and all construction material will be removed from the site within 10 days of completion of construction. (3) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (4) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (5) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. (6) Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. B. Best Management Practices Program By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (1) Boat Cleaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. 5-05-127 (Curci) Administrative Permit Page 5 of 6 b. In -the -water hull scraping or any process that occurs underwater that re- suits 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 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. Eel -grass Surve A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish 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 5-05-127 (Curci) Administrative Permit Page 6 of 6 eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.21 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.21 (mitigation: impact). The exceptions to the required 1.21 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a hew coastal development permit unless the Executive Director determines that no amendment or new permit is required. 3. Pre -construction Caulerpa Taxifolia Surve A. Not earlier than 90 days nor later than 30 days prior to commencement or re-commencerhent 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 Cauierpa taxi/blia. 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. taxifoiia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I[We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicants' Signature Date of Signing WAdmin. Permits\2005\2005-09\5-05-127 (Curd) ADMINISTRATIVE PERMIT.doc 'qat�"L' 2� 4�' IS38J 'o LWLJ U-) ")A ds A CD 4 2 0 65 - 0,5"Iq Iv lie � At M GolfA Qz' 21 21 g 7_:R Alm j _4 ca COASTAL COMMISSION .9 z - EXHIBIT # < PAGE OF jz; L. C�j V* '00 �39NWO 11W� �33S t4� I C) C). aj ou- Eb C: IL m 0 N (D ca w 'D w 0 00) UO) m C c— . 'a 0 -2 cm .2 E E � --� 0 c' -c D '00 < CE W, E a E 0 T) a) �L LU w LLJ 0 E .0. 5o; cu CD (U 0- a) (0 z: E .2 E E f -Izu 'o -s -00 -00 o 5 '. cc 0 co - co Zt--"a m >,= -D 0 05 (D 0 M E 0 0 -6 1, (D � (D LL 6 0 Q) j-, m — 2� - �b -�; :5. � t� (a IOD 10 m m LE :2 -j 0- , a- , U) _ : .0 � , (U C: 0 ol a) 3. -6 w m WIM '77 �i I , , M, � Q),Ln o C', z -E zol -2- 0 Q) lu m u) u E LLJ Iz mm .2 8 Goo CA 4p,� VICINITY MAP Newport Bay, CA. 0100-t" S-WkV am -PVUW I" lad and derat dspft balaw Mun Laww uw viaw wuw� Makr— mr" of oft to apPirwim"y 10 fooL N IoipomS�y. SUP SITE co. . . . . . . . . . .... ... lz 121 ...... . . . . . . ....... ... .... ... ... . . . . . . . E X I I PAGE OF -L- P -WW PW (IT -W x 25� a" SWPO(W ==."rUsft 0 Pmposed Gangway S2 (.T-6* x 241, we /—C—I\ + Proposed DoCk By BeNnghm Mar** ZPMPQS$d Too Ple SuPWPOned Mumls PW TYP (WW of 2L sw v S2 PROFILE G r;*Ung Sodom + - !LEGEND EXIST. PXES a NEWPILES III vnew IT4rnp� =EIGST NEW :1 W -Wald Ilr4rold V -v dd U.S. PNMEAD LLNE — - I r- ---� z '.' . + W"OscDcowpus AT PROPOSED SUP.SEE (TOTAL OF 31 Y.w 1 21 9 1 400 1 old PROPOSED SLIP 411' UJLDAXW"uw EXIW. - — - — - — --- - — - L .—.—.J—/ — -- - — - — - — - L rr EXIST. OWWAY (74r x IF -C) PROPOSED GAMMAT( (7 -Ir x 2,r -n SEE S2 EXISTWO PER (IW4rx2r4n MLES AT PROPOSED DMV. v M -r SM (TOTAL OF 2) S2 PROPOSED PIER R (IT -V x 25*4r)6 &M 2 —s 4014r TRACT NO. TRACT NO. TRACT No. TRACT No. TRACT NO. 347 346 1 345 344 343 - — - — - — - — - — - - PILING LAYOUT -L. - -. -. APLICANTS NAME : JOHN CURCI - LOT: JOB ADDRESS :816 VIA LIDO NORD CONTRACTOF :SHELLMAKER. INC. NEWPORT BEACH, CA 92663 2035 F PLACENTIA AVENUE COSTA MESA, CA 92627 TRACT: DATE - 08/09�05 5-05-127 (Curci) Administrative Permit Page 6 of 6 eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.21 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.21 (mitigafion:impact). The exceptions to the required 1.21 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 Caulema Taxffblia Survey AL Not earlier than 90 days nor later than 30 days prior to commencei s it:;r,'L or re -commencement Qf any development authorized under this coastal development permit (the "project7), 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 taxilblia. The survey shall include a visual exa rmnafion of the substrate. B. The survey protocol shall be ppepared 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 (5621980-4043). D. If Caulerpa taxifolla 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. taxftia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. ��bKAJ��� L-A -It - Os - Q Applicants' Signature Date of Signing G:XAdmin. Permit!A200M2005-09X5-05-127 (Curd) ADMINISTRATIVE PERMIT.doc May3,2005 REPLYTO ATTENTION OR Office of the Chief Regulatory Branch John Curd c/o Shellmaker, Inc. Attention: Lisa Miller, President 2035-F Placentia Ave. Costa Mesa, Califon -da 92627 Dear Mr. Curci: Reference is made to your request of January 5,2005 (File No. 200500852-SJM. Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are 4ereby authorized to disclwge fill into - approximately 0 -003 -acre of open waters of the US Disdmrge is associated with dock replacement and improvements at 816 Via Lido Nord, in Newport Bay, in the community of Newport Beach, Orange County, California, as shown on the enclosed drawings. i The owner must sign and date all copies of this Letter of Permission (LOP) indicating that she agrees to the work as described and wiR comply with all conditions. One of the signed ies of this Letter of Pernaission must be returned to the Corps of Engineers (a pre -addressed elope is enclosed). Jn addition, please use the two attached postcards to notify this office as to dates of commencement (wifl-tin jo days prior to the start of construchon) and completion of activity (within 10 days following the end of construction). Furthermore, you are hereby advised that the Corps of Rngmeers has established an nistrative Appeal Process which is fully descritied in 33 CFR Part 331. The complete appeal 3s is diagrammed in the enclosed Appendix B. Thank you for participating in our regulatory program. Sincerely, MarkDurham Chief, South Coast Section Regulatory Branch !Aftjn PUM��/John C%Ird DATE DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX M2711 LOS ANGELES, CALIFORNIA 90053-2325 May 3,2005 REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch John Curci c/o Shellmaker, Inc. Attention: Lisa Miller, President 2035-F Placentia Ave. Costa Mesa, California 92627 Dear Mr. Curch Reference is made to your application dated December 30, 2004, for a Department of the Army (DA) permit to replace an existing floating boat dock bayward of 816 Via Lido Nord, in Newport Bay, in the community of Newport Beach, Orange County, California. Replacement of the existing dock will result in a discharge of fill into approximately 0.003 -acre of waters of the United States (U.S.). Enclosed is a "Provisional Letter of Permission" (provisional LOP). This provisional LOP is NOT VALID and does not constitute authorization for you to do work. The provisional LOP describes the work that will be authorized, including general and special conditions which will be placed on your final DA permit, should you receive Coastal Zone Management (CZM) consistency concurrence from the California Coastal Commission (CCC). No work is to be performed until you have received a validated copy of the DA permit. By Federal law, no DA permit can be issued until the state has concurred with a permit applicant's C2M consistency certification. This requirement can be satisfied by obtaining C2M consistency concurrence, or providing evidence that 6 months have passed since you applied to the CCC for concurrence. Be aware that any conditions on your C2M consistency concurrence will become conditions on your DA permit, unless the Corps of Engineers deems these conditions to be either unreasonable or unenforceable. WHEN YOU RECEIVE CZM CONSISTENCY CONCURRENCE, THE FOLLOWING STEPS NEED TO BE COMPLETED: 1.The owner must sign and date both copies of the provisional LOP indicating that he/she agrees to comply with all conditions stated in the permit. 2.The signer's name and title (if any) must be typed or printed below the signature. 3.Both signed provisional LOPs must be returned to the Corps of Engineers at the above address (Attention: CESPL-CO-R). SPA 4.The CZM concurrence must be sent to the Corps of Engineers with the signed provisional LOPs. Should the C2M consistency concurrence contain conditions which might result in a modification to the provisional LOP, by signing and dating both copies of the provisional permit and returning it to the Corps of Engineers (along with the permit fee and C2M concurrence), the Corps of Engineers will assume the. applicant agrees to comply with all C2M conditions which are added to the final permit. Should the CCC deny the required concurrence, then the DA permit is considered denied without prejudice. If you subsequently obtain C2A4 concurrence, you, should contact this office to determine how to proceed with your permit application. If you have any questions, please contact Stephanie J. Hall of my staff at (213) 452-3410. Sincerely, , -",\ A 61 Mark Durham Chief, South Coast Section Regulatory Branch Enclosure(s) Sep 26 05 03:36p S h e 1 1 m a k e r I no 9495485315 p.2 Calffornia Regional Water Quality Control Board VW-; Santa Ana Region a Alan C. Lloyd, PLD. 3737 Main Sbvet, Suite 500, Riverside, California 92501-3348 Arnold Schwarzenegge. Agency Secretary Phone (951) 782-4130 - FAX (951) 781-6298 Governar http://www.waterboards.ca.gov/santaana December 31, 2004 Lisa E. I�filler, President Shellmaker, Inc. 2035F Placentia Avenue Costa Mesa, CA 92627 PROPOSED REBUILDING OF BOAT DOCK, JOHN CURC4 816 VIA LEDO NORD, NEWPORT BEACH, ORANGE COUNTY Dear Ms. hfiller. 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 I Shami at (951) 782-3288. Sincerely, eomeno (Jun) T. Martirez, Jr., EA hoict Regulations Section cc: California Coastal Commission, Long Beach Army Corps of Engineers — Erik Larsen County of Orange, County Property Permits Division — Patricia Bigger JIS(blubtg2381et California Environmenud Protection Agency 0 Recycw Pap- NEWPORT BEACH HARBOR COMMISSION MINUTES City Council Chambers October 14, 2004 CALL TO ORDER 6:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Commissioners, Seymour Beek, Tim Collins, John Corrough, Marshall Duffield, Don Lawrenz, Paulette Pappas, Ralph Rodheim were present. Staff: Lorrie Arcese, Tom Rossmiller, Chris Miller. MINUTES: The minutes for the last meeting were approved. PUBLIC COMMENTS: REQUEST FOR CONTINUANCE& None APPEAL ITEMS: ITEM # I A - Subject: Curci Residence, 816 Via Lido Nord Summary: Applicant wishes to retain the same dimensions of his pier platform (25'x 15.5') when he replaces his entire dock system in a similar configuration. Discussion: The applicant is requesting twice the square footage that is allowed in the standard drawings. The platform is currently in disrepair and must be replaced. Public Comments: None Action: Commissioner Rodheim made the motion to allow the applicant to rebuild his platform with the current dimensions of 25'x 15.5'in the same orientation. Commissioner Lawrenz seconded the motion and it carried with all ayes. ACTION ITEM ITEM # I Subject: Dock Construction Standards. Summary: The consultant has provided another iteration of the draft dock standards which is close to the final draft. The new standards reflect a change to performance criteria. Discussion: We need to notify the public and have an outreach meeting once these are ready. Public Comments: Action: Commissioners to have comments and suggestions to the sub -committee by October 27. The sub -committee will meet to discuss those comments before the next meeting. ITEM # 2 Subject: Bait Boat Docking Issue Summary: The bait boat has lost its berthing location and has requested the assistance of City staff and the Commission in Discussion: finding a new home within Newport Harbor. Discussion: At a meeting today, the issue of commercial access in the Public Comments: Richard Flugg feels that we don't need time limits at all since harbor was discussed and the Staff said that this subject is boats are never towed. Boat size should be limited or the out of the Planning Commission's control. We need docks should be limited. incentives for developers and to help the Planning Dept with Commission Lawrenz made the motion to approve the the implementation of the general plan and to gather the proposed time limits and forward the revision to the City business community together on this through the Chamber Council for adoption with the following stipulations: of Commerce. Public Comments: Chuck South said that a bait boat is a hard one to place. They need to run in and out the Rhine Wharf continually, are noisy and smelly. A mooring would not be a good place for them. Action: Receive and file. ITEM # 3 Subject: Revise time limits on all public piers in Newport Harbor. Summary: Public piers with or without pumpout stations will have varying times for each of the four sides of the float. Discussion: The public will be educated on the new rules. No boats are to be left on the beach. Public Comments: Richard Flugg feels that we don't need time limits at all since boats are never towed. Boat size should be limited or the docks should be limited. Action: Commission Lawrenz made the motion to approve the proposed time limits and forward the revision to the City Council for adoption with the following stipulations: 1 . Harbor Patrol must agree to strictly enforce the time limits. 2. The length of the boats allowed at the docks will be approached at a later date. 3. We will limit the number of boats tied behind the pier. 4. In one year, staff will give an update on how the limits have worked and what enforcement has been done. The motion was seconded and carried with all ayes. SUB -COMMITTEE REPORTS: None HARBOR RESOURCE UPDATES: Tom Rossmiller gave a Powerpoint presentation on harbor updates. The Harbor Resources Update is posted at. http://Www. city, newport-beach. ca. uslhbr (under minutes, Harbor Resources Updates). RECOMMENDED TOPICS FOR FUTURE AGENDAS: • Revisions to 5.18 and 17/41 • Dock Construction Standards Final Approval. • Review Task List. • Delayed Appeals: Electra Cruises (December), Len Miller (November) • Extensions at Public Docks DATE OF NEXT MEETING: Wednesday, November 10, 2004, 6:00 prn Council Chambers ADJOURNMENT CITY OF NEWPORT BEACH HARBOR COMMISSION October 13, 2004 TO: HARBOR COMMISSION FROM: Harbor Resources Division (City Manager's Office) Chris Miller, Supervisor, 949-644-3043 cm iller@ city. newport-beach. ca. us SUBJECT: Appeal — Curci Residence, 816 Via Lido Nord ISSUE: Should Mr. Curci at 816 Via Lido Nord be permitted to retain the same dimensions of his pier platform (25'x 155) when he replaces his entire dock system in a similar configuration? RECOMMENDATIONS: If desired, the Harbor Commission may chose any of the options as listed at the end of this report. BACKGROUND: The Problem: According to the Design Criteria and Standard Drawings for Harbor Construction, 1994, Drawing STD -608-L, a pier platform for a single residential use float with a pier is permitted to be 10' x 14' maximum with the 10' side parallel to the bulkhead. For reasons unknown, the existing pier platform at 816 Via Lido Nord is currently 25'x 15.5' (387.5 square feet). The file for this dock does not reveal when this pier platform was constructed with these dimensions. The Related Considerations: Harbor Resources is currently reviewing and proofing an updated version of the Design Criteria and Standard Drawings for Harbor Construction. This revised document will also be submitted to the Harbor Commission for review at tonight's meeting. The newly proposed maximum allowable dimensions for all pier platforms, whether residential (single / shared) or commercial will be 170 square feet with no restriction on the orientation. This new square footage number was derived from the following current requirements. Single residential pier 10'x 14' 140 square feet Shared residential pier 12'x 14' 168 square feet Commercial pier 12'x 14' 168 square feet Environmental Review: Harbor Resources does not feel there is an environmental concern with respect to the larger pier platform. The platform will be constructed with nearly the same dimensions as the existing platform. The slight difference in dimensions will allow for a longer gangway per current City standards. The float will keep its basic configuration except the slip will be slightly longer and wider. Eelgrass is not present at this location. Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers this item). Options: The Harbor Commission may elect one of the following options: 1 Allow the applicant to rebuild his pier platform with the current dimensions of 25' x 15.5' in the same orientation; 2. Offer amendments to the proposal and adopt it with those amendments; 3. Offer amendments to the proposal and return it to the applicant for additional review; 4. Refuse the applicant's proposal. Allow the applicant to build a pier platform to the current City standards of 10' x 14'. Prepared by: Chris Miller, Harbor Resources Supervisor Attachments: Aerial View of 816 Via Lido Nord Dock Proposal for 816 Via Lido Nord U .1 TMMI W f W., 816 Via Lido Nord am amp mv am I I I vl:. I - - I I f I , I � I I 40 1 _2 ff mna September 28, 2004 City of Newport Beach Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Attn: Tom Rossmiller Re: Curci Residence, 816 Via Lido Nord Dear Tom, I am writing to request that we be calendared on the next available Harbor Commission docket to appeal the denial of the replacement of the existing, non- conforming pier at the above referenced address. Thank you for your consideration. Sincerely, Lisa E. Miller President 2035F P�acent�a Ave., Costa Mesa, CA 92627 Plnone (949) 548-53-5-9 Fax (949) 548-5315 General Eng�neenncj No. 561434/M:Pwh-4e Construct�on and Dredging p,ropo.secl pork 911(0 Vict Gado Nord . / -i_--i-_- -- - / . _-- -'_/-- '- | i ! . . -�_ � � _.77777- J � � (Sul k V)eo, &;n e- s om mo r �w 0" BMW am om "M 3 PI e Y, P!Git+C)rM zs G) Z41 P,, p 0 Docic zr7 -5 F I ocit 216 vio &',CJO Nord '01 , I Li 173 4- I Cl - C\ P. lev4wad 14 0 I T-1—FRulkhead L,;ne, --L I I I it -1 1 L L. I i Lr�LT r -!IT r po5eq ter I -T- T Nj Ll I L L. L I L i I i if -Ll i J 2 `7 s LF I Curct Dock 4� 1 -L 1- -1 L if li I 1 11 1 111 6 V i'a Lido i Noral i I-1 L -j I. I T 4. 1 1 1 T JI 7 - if --T 4 i 1. if L -T1 fill T-1 F1 T -T-F T: if 14 Pley-heaO &;ne 'I Lcl i'llco 1:7 M .... ....... X, �A M I General 6 Harbor Permits and Drawings 1 .1. The construction of harbor facilities -shall accommodate the need for safety 2.2.15 Dock (float) minimum clear width for commercial passenger use' 51 Harbor permits shall be obtained per Harbor Permit Policy H -i. Detailed and durability as well as convenience and appearance. Structural elements of shall be 6 feet to 80 feet long and 8 feet for docks over 80 feet construction plaris (4 sets) and substantiating calculations (11 set) shall be 'submitted 'gangways, floats, piles, etc. shall be adequate to safeguard human life, boats long. to the Building Department with the permit application for the and boating equipment. Boat berthing facilities shall be designed to US MERHEADLM 4+ following items: adequately handle an.ticipated,loadg with an ample factor of safety. 2.2.16 Walkways- or landing platforms shall not have less than 4 feet - - - - - - - - - r unobstructed Width adjacent to gangways, nor 6 feet In front of 5.1.1 bulkheads and groins 1.2 Materials of construction shall resist the corrosion of saltwater In order to gangways. at +75 foot M LLW water surface elevation. assure low maintenance requirements and long life of the facility. 5.1.2 piers and landings 2.2.17 Fillets at the connection of marginal walkways, main walkways 1.3 Floats shall be desigq�d to assure stability and -buoyancy throughout the life of and finger floats shall be Included in the berth designs and shall 5.1.3 gangways, !ncluding hinge connections and hand tailings the float. oulind at least 4 feet *,31ong both floats. 5.1.4 anchor piles and guide piles, including roller assemblies 1-.4 Adequate Utilities shall be provided for the convenience ind safety of boaters. 2.2.18 Gangway (brow) slope for commercial passenger, multiresidentlal and maintenance workers. and small craft marina use shall not exceed I foot vertically for 5.1.5 cantilevered patio decks each 3 feet of length when the tide is at -2.0 feet MLLW- All other gangway slopes shallnot exceed I foot vertically for each 2 Y2 5.1.6 other harbor structures 2 Layout and Design feet of length, when the tide Is at -2.0 feet M LLW. CId 5.2 Plans and calculations for the above Items shall be prepared by a Civil or 2.1 Designs for harbor facilities shall be based upon the use of the facility, defined .2.2.19 Walking surfaces of gangways (brows), piers and floats shall have Structural Engineer registered In the State of California. as follows: non-tkid finish, such as punched metal, unpointed timber, or grit on- metal, timber or plywood. 5.3 In addition, detailed. construction plans shall Include, but not be limited to, 2.1.1 Single or joint residential. indicating the following dimensions and detailed items: 2.2.20 Gangway (brow) minimum clear width for commercial passenger, �.1.2' Multl-�resldentlal and small craft marina. multi;,residengal or small.craft. marina use shall be 484nches. All 5.3.1 dock, pier gangway and anchor pile layout - - - - - - --- other gangway minimum dear width shall be 30 -Inches. 2.1.3 Commercial Passenger, 5.3.2 po�toon or float layout (with Rotation calculations provided separately) 2.2 Harbor stiuctures shall conform with uLayout Design Guidelines for Small 2.2.21 Gangways (brows) for commercial passenger, multi -residential or small.craft marina uses shall be equipped with self-closing, self- 6.3.3 framing details Including angles, bent plates, bolt and -nail Ctaft Berthing Facilities", latest edition published by the State. of California latching gates at the bulkhead end. Gates shall not open Into patterns, splices, bumpers, deals, etc. '060adment of Boating and Waterways (Cal Boating), 1629 "S" Street, - intersecting walkWays. 5.3.4 knee connections Sacramento, California 95814; telephone (916) 263-0784, except as modified. by the City'§ 'Standdrd Dtawings. for Herbor C onstrudion ", or as folloft 2.2,22 Toe slept at the bottom of gangways (brows) for single or joint 5.3.5 guide p!le roller assemblies oldential' use shall not exceed 9 Inches. Skid resistant too 2.2.1 Berths shall not be occupied by vessels more than a bearn width 'plates shall be Installed. on all other gangways.. 5.3.6 pier piles and anchor piles longer than the berth nd larger than the vessel used In design calculations, 2.2.23 Rallings.for single or joint. residential use shall be 36 -inches minimum height. All other railings shall be 42 -Inches minimum 5.3.7 top of bulkhead and pier deck elevations 2.2.2 Maximum length ossel.is the largest vestal that shall be height. 5.3.8 maximum dredge contours (labeled as such) permitted to occupy a berth, 2.2.24 Railings for commercial harbor structures shall be built such that a 5.3.9 Maximum length vessels used In design calculations for each 2.2.3 Applied loads shall. be calculated for not lower.thbn -a +7.5 feet sphere 4 -Inches In diameter cannot pass through.* berth, (circled Within the berth). above MLLW water surface. 2.2.4 Wind l6ads shall be calculated both parallel to -and perpendicular 2.2.25 Railings for commercial passenger, multi -residential or small craft marina uses shall be capable of resisting ahtirizontal forcs Of at 5.4 Harbor . permits Will be conditioned to. limit the size of vessels berthed In the OThe td maximum length vessels and structures. least 30 pounds per linear foot applied at the top rail. All other facility; e.g., Harbor P ermit for this facility shall be conditioned.to allow berthing of one -70 fd6t and three- 45 foot maximum length vessels' harbor railings shall be capable of supporting a -horkontal forte of 2.2.5 Wind loads'on lateral area of vessels or structures 'Shall not *be 20 pounds per linear foot applied at the top rail. 5.5 Future dredging In the vicinity of a permitted harbor facilitywill be restricted,, less than 15 pounds per square foot. e.g. Dredging not permitted below the contours shown hereon'. 2.2.6 Lateral area of vessels for wind load calculations shall be equal to (0-15) X (maximum length vessel) X (maximum length vessel) 3 Materials PROCEDU wR4 ES 2.2.7 Ten percent (10%) of the full wind,load for an unshielded vessel 3.11 Materials for harbor facilities shall conforrh to the "Standard SPecificallons for shall be applied to each vessel in the lee of the unshlelded vessel. Public Works Construction", published by Building News, Inc,.except as modified as folloivs: PERMIT PROCESSING PROCEDURES 2.2.8 Guide pitles (those that priovide lateral support for floats) shall be 3.2 Fl6atation units shall consist of. I., Fill out a Building permit application at the Building Department permit positioned around berthing areas such that the centtofd of lateral 2T_T counter. support provided at the +7.5 foot M LLW watet surface elevation coincides with the centrold of.applied taitet4l loads. 3.2.1 Cond(ete cast around a solid, dosedcell foam. core, 2.. Use city standaid harbor construction drawings (cost $2.00 per sheet). Draw 2.2.9 Pile penetration shall not be less than 10 feet, nor calcullated 3.2.2 Fiberglass, polyethylene oT plastic shell with'i- firm fiffing solid, a site plan showing the scope of work and select the applicable details. Submit engineering calculations as requited. Follow the Instructions on drawings. penetrall ton plus. 3 feet. closed cell foam core, or 2.2.10 Pile cutoff elevation shall not be lower than +11 -feet M LLW. 3. 2.3 A solid, closed cell foam core covered Oth an approved coating 1 Three sets of drawings are required. Do step 2 dn three sets or make copies. .0 . to prevent physical damage. 4. Permit Technician will process the permit application and charge the plan 2.2.11 Floatation systems and piles shall be the products of manufacturers and contractors regularly engaged in the 3.3 Timber for docks* shall have a minimum net thicknes's of I Yt inches. check fees. production of such items for marine construction. 3.4 Walking surfaces of gangways (brows), piers and floats shall have a non-skid 5. One set of drawings Is placed In the Building Department plan check stack. 2.2.12 Sufficient Rotation shall be provided to support dead load plus 20 finish, such as punched metal, unpainted timber, or grit on metal, timber or The remaining two sets are given to the applicant to carry to Harbor Resources. pounds per square foot live load with a.freeboard of not less than: plywood. 345 2.2.12.1 1 0 -inches for modular concrete flotation systems for 3.5 Timber shall be treatedwith ammonlacal copper arsenate (ACA) chromated 6. Harbor Resources will review the drawings and stamp the drawings "Approved In Concepr. oomrherdal'passenger use. copper arsenate (CCA) or ammonlacal copper zinc arsenate (ACZA), per PILING LAYOUT AWPA Standard C2. Field cuts and bored holes shall receive a brush coat of concentrated CCA, ACA or ACZA. 7. The �ppllcant will pick up these drawings from Harbor Resources and pursue 2.2.12.2 8 -Inches for modular concrete floatation systems for all' state and federal approvals as required by H airbor Resources. Plan check may other uses. 3.6 Timber piles shall be dual treated per AWPA Standard C3. resume simultaneously while these approvals are pending. 2. 2.123 3 -inches pontoon freeboard for detached pontoon 3.7 Rollers shall be fabricated from polyethylene or polyolefin material. 8. After the Building Depaoment plan check has been completed, the applicant . Rotation systems for commercial passenger use. Will pick up and resolve Building Department corrections. 2.2.12.4 l'inch pontoon freeboard for detached pontoon Rotation 3.8 Iron and steel (including fasteners) in harbor structures, except for reinforcement covered by at least 3 inches of concrete, shall be stainless steel 9. The applicant will resubmit to the Building Department tha Building check set systems for all other uses. alloy, hot-clip-galvanizedi or epoxy coated. and two sets bearing required state and federal approvals. 2.2.13 Weight of treated Douglas Fit shall be assumed to'be 35 pounds 10. The Building Department Will veri� that the Building corrections have been per cubic foot. Weight 6f sea water shall be assumed to be- 64 . 4 Allowable Stresses resolved and all the required federal and state approvals are on the drawings pounds per cubic foot. and 9 s*ue the Harbor permit. The Building Department record set must bear all 2 . 2.14' Finger floats with wood decks shall be equipped with 2 YrInch 4.1 Allowable stresses for harbor structures shall not exceed those recommended required approvals. minimum diameter steel pipe torsion bars along float centerlines. In the "Uniform Building Code". wo VICINITY MAP Newport Bay, CA. Sourwinp av expmsw In foot SM d"s C!"Ots b0aw M"" Loww Low Watv (MLLM Maximm rwoe &Ode to eppmximetely 10 fmL Harbw Ims are ft"istted In tKs seaba of ,4$wpon 13,Y. SUPSITE -*N Proposed Pier /R (15--V It 26), see ProPosed Piles Sumorted Dock (total of 3). see 0 Proposed Ganry x 21 ,e wr B(� R, P" Do 9 d ��_n S2 S 2 Is pl�'� (3'-6* x 241. +1Z C6 Proposed Dock By Bellingham Marina .led Propossood Teee Pile Suppo Vier Typ (total of 2). see /07111% PROFILE E.1sting �eo,- APLICANTS NAME : JOHN CURCI - LOT- TRACT:345 JOB ADDRESS :816 VIA LIDO NORD CONTRACTOR :SHELLMAKER, INC. NEWPORT BEACH, CA 92663 2035 F PLACENTIA AVENUE DATE COSTA MESA, CA 92627 08/09/05 M = t .--nia Coasta' -----ission i C, -Coast Distric ''OVE -_,it N --------- - %J %0 1= INL. T APPROVALS SITE PLAN INSTRUCTIONS Provide a partial site plan in the space provided above drawn to an adequate scale to clearly show the following The following checked (V) approvals are required pricit to issuing a Buildinj Permit. information: - Approval in Concept Newport Beach Council i. Location and dimension of proposed structure Including piles and location of existing structures on adjacent properties. - Army Corps of Engineers California Coastal Commission 2. Location of bulkhead, plethead and project fines. Public Works Department Building Department 3. Location of property lines. County of orange 4. Location of channel markers within 200 feet. Site Inspection. Site Re -inspection 5. Lot sizes and lot numbers, it available. Call (949) 644-3043 for appointment 6. Existing ground profile beneath proposed sttucture CONDITIONS 7. Elevation of top and bottom of bulkheads and piles with respect to IM LLW. S.V The Harbor Permit for this facility. shall be conditioned to allow the berthing of. �Cv 8. Area and profile of any proposed dredging With elevations showing depths with respect of M L.I.W. Number of boats Maximum boat length -feet 9. Any special conditions affecting the construction or affecting boating operations. 10. Existing structures shall be shown In light dashes. New work shall be shown In heavy solid lines. E831 HARBOR CONSTRUCTION 'STANDARDS =12 CITY OF NEWPORT BEACH BUILDING DEPARTMENT m 1 007 # 4�10S JITLE SHEE"r & SPECIPICATIONS RMBOR RESOURCES APPROVAL M. SCALE: DATE AUG 0 9 5 BY: DATE: PRAWING NO. AS SHOWN AUGUST 25, 20 . 0011 SHEET - 01. LFCITNO EXIST. PUS a WIN Pima v MST------ "Im US MERHEADLM 4+ - - - - -- - - - - - - - - - - - r - - - - - - - - PROPOSE. 0 ATPROP ... gS.Mr (TOTAL OF Si 30W CId PROPDSEO SLIP 4W U S. BULKHEAD LW_ -- - - - - - - --- - - - L . EXIST. SUP - - - - - - - - - - - / - - - - - - - - EXIST.1104WAY 4" (TV X it-rj PROPOSED GAWSWATf C -A W1.0. (rrx2f.0,15a EXISTWG PtER 7/ I -P PROPOSED CON PUS ATAW (D2 2T_T SEE (TOTAL OF02S)gtMK' PROPOS PlE R S ...... ...... .. ----- ---- ----- 40!0 "'o. TRACT NO. TRACT NO. TRACT NO. TRACT NO. TRACT NO. 347 346 345 344 343 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . . . . . PILING LAYOUT APLICANTS NAME : JOHN CURCI - LOT- TRACT:345 JOB ADDRESS :816 VIA LIDO NORD CONTRACTOR :SHELLMAKER, INC. NEWPORT BEACH, CA 92663 2035 F PLACENTIA AVENUE DATE COSTA MESA, CA 92627 08/09/05 M = t .--nia Coasta' -----ission i C, -Coast Distric ''OVE -_,it N --------- - %J %0 1= INL. T APPROVALS SITE PLAN INSTRUCTIONS Provide a partial site plan in the space provided above drawn to an adequate scale to clearly show the following The following checked (V) approvals are required pricit to issuing a Buildinj Permit. information: - Approval in Concept Newport Beach Council i. Location and dimension of proposed structure Including piles and location of existing structures on adjacent properties. - Army Corps of Engineers California Coastal Commission 2. Location of bulkhead, plethead and project fines. Public Works Department Building Department 3. Location of property lines. County of orange 4. Location of channel markers within 200 feet. Site Inspection. Site Re -inspection 5. Lot sizes and lot numbers, it available. Call (949) 644-3043 for appointment 6. Existing ground profile beneath proposed sttucture CONDITIONS 7. Elevation of top and bottom of bulkheads and piles with respect to IM LLW. S.V The Harbor Permit for this facility. shall be conditioned to allow the berthing of. �Cv 8. Area and profile of any proposed dredging With elevations showing depths with respect of M L.I.W. Number of boats Maximum boat length -feet 9. Any special conditions affecting the construction or affecting boating operations. 10. Existing structures shall be shown In light dashes. New work shall be shown In heavy solid lines. E831 HARBOR CONSTRUCTION 'STANDARDS =12 CITY OF NEWPORT BEACH BUILDING DEPARTMENT m 1 007 # 4�10S JITLE SHEE"r & SPECIPICATIONS RMBOR RESOURCES APPROVAL M. SCALE: DATE AUG 0 9 5 BY: DATE: PRAWING NO. AS SHOWN AUGUST 25, 20 . 0011 SHEET - 01. [44*441A.1 'I'm all t 1111gft4i 1. CONSTRUC11ON SHALL BE IN CONFORMITY NTH THE 2001 EDITION OF THE CALIFORNIA BUILDING CODE (CBC) AND ALL APPLICABLE LOCAL AND STATE CODES AND ORDINANCES. 2. SITE INSPECTION: THE CONTRACTOR SHALL EXAMINE THE PROJECT SITE & SHALL VERIFY ALL DIMENSIONS, LOCATIONS & ELEVA71ONS OF THE EXISTING CONSTRUCTION. THE CONTRACTOR SHALL ALSO DILLIGENTLY INVESTIGATE THE SITE FOR THE POSSIBLE EXISTENCE & LOCATION OF UNDERGROUND UTILITIES, PRIOR TO ORDERING ANY MATERIAL AND/OR COMMENCING WORK AND $HALL REPORT ANY DISCREPANCIES TO "WILLIAM SIMPSON & ASSOCIATES, INC." HEREINAFTER CALLED "THE ENGINEER". 3. CONTRACTOR SHALL PROVIDE BARRICADES AND PEDESTRIAN PROTEC71ON AS REQUIRED BY STATE AND LOCAL CODES. 4. CONTRACTOR SHALL CONSULT WITH REPRESENTATIVES OF CITY AND UTILITY COMPANIES CONCERNING AVAILABLE FACILITIES BEFORE COMMENCING WORK OR CONNECTING TO SEWER, PIPING OR WIRING, ETC., AND REPORT ANY PROBLEMS TO THE ENGINEER. 5. OMISSIONS OR CONFLICTS BETWEEN VARIOUS ELEMENTS OF THE DRAWINGS, NOTES, AND DETAILS SHALL BE BROUGHT TO THE ATTENTION OF THE ENGINEER AND RESOLVED BEFORE PROCEEDING WITH THE WORK. 6. CONTRACTOR SHALL INSTALL TEMPORARY TOILETS BEFORE START OF JOB. 7. NOTES AND DETAILS ON DRAWINGS SHALL TAKE PRECEDENCE OVER THESE GENERAL NOTES. 8. TYPICAL DETAILS SHOWN SHALL APPLY WHERE NO SPECIAL DETAIL IS SHOWN. 9. WRITTEN DIMENSIONS (NOT SCALED DIMENSIONS) SHALL BE USED. 10. TEMPORARY ERECTION BRACING AND SHORING SHALL BE PROVIDED AS REQUIRED ON ALL STRUCTURES, ADEQUATE TO PROVIDE FULL STRUCTURAL STABILITY AND SAFETY. BRACING SHALL NOT BE REMOVED UNTIL THE ELEMENTS ARE FULLY CONNECTED AND ARE CAPABLE OF SUPPORTING THE DESIGN LOADING. 11. CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE COND111ONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER. 12. THE CONTRACTOR SHALL EXERCISE EXTREME CAU11ON NOT TO UNDERMINE ANY ADJACENT STRUCTURE DURING THE COURSE OF CONSTRUCTION. 13. CLEAN UP: NO PAINT, PLASTER, CEMENT, SOIL, MORTAR OR OTHER RESIDUE SHALL BE ALLOWED TO ENTER THE BAY, STREETS, CUTTERS OR STORM DRAINS. ALL MATERIALS & WASTE SHALL BE REMOVED FROM THE SITE, NBMC 17.32.020. 14. DEMOLITION: ALL MATERIAL FROM THE EXISTING BULKHEAD THAT IS NOT USED AS FILL SHALL BE REMOVED FROM THE SITE & DISPOSED OF IN AN OFFICIAL DUMP SITE. 15. SEE THE LATEST "GENERAL GRADING SPECIFICATIONS" OF THE BUILDING DEPARTMENT, CITY OF NEWPORT BEACH, FOR THE CITY'S: GENERAL NOTES, EROSION CONTROLS, REQUIRED INSPECTIONS, GRADING FILLS/CUTS & ALL NECESSARY DOCUMENTATION. 16. PIER, GANGWAY & DOCK STRUCTURES SHALL BE CONSTRUCTED IN ACCORDANCE WITH CURRENT CITY STANDARD DRAWINGS AND SPECIFICATIONS FOR HARBOR CONSTRUCTION. 17. PONTOONS SHALL BE AS MANUFACTURED BY BELLINGHAM MARINE U.N.O. ON PLANS. 18. CLEATS SHALL BE CAST DUC11LE IRON - HOT DIP GALVANIZED, AS MANUFACTURED BY HENDERSON MARINE SUPPLY, INC. OR EQUAL. FOUNDATIONS 1. PILING DESIGN IS BASED ON THE RECOMMENDATIONS CONTAINED IN THE TABLE 18-1-A OF THE CBC. CL Ln 0 co 0 �n 1. ALL CONCRETE MIX DESIGNS, CONFORMING TO CBC SECTIONS 1904 & 1905, SHALL BE SUBMITTED TO THE ENGINEER FOR REVIEW AND APPROVAL BEFORE ANY CONCRETE IS PLACED. ALL CONCRETE MIXES SHALL HAVE A MINIMUM CEMENT CONTENT OF 6.0 SACKS OF CEMENT PER CUBIC YARD OF MIX, FOR USE IN A SALT WATER ENVIRONMENT. ALL CONCRETE MIXES SHALL BE CERTIFIED BY A CONCRETE TESTING LABORATORY AND SIGNED BY A CALIFORNIA REGISTERED CIVIL ENGINEER. 2. CONCRETE SHALL HAVE MINIMUM 28 DAY COMPRESSIVE STRENGTH OF 6000 PSI. THE MAXIMUM CONCRETE SLUMP SHALL NOT EXCEED 4". PLACING OF ANY CONCRETE SHALL BE CON71NUOUSLY INSPECTED BY A REGISTERED DEPUTY INSPECTOR, PAID FOR BY THE OWNER. 3. GROUT SHALL HAVE A MINIMUM 28 -DAY STRENGTH THE SAME AS THAT OF THE PANELS. THE CONCRETE GROUT SHALL BE A SUITABLE MIX CONSISTING OF PEA GRAVEL, SAND, CEMENT AND WATER. MAXIMUM SLUMP SHALL BE 5 INCHES. AN APPROVED SUPERPLASTICIZING ADMIXTURE MAY BE ADDED TO INCREASE THE SLUMP TO MAXIMUM 7.5 INCHES. GROUT UNDER PLATES SHALL BE "POR -ROK" OR "FIVE STAR GROUT" OR AN APPROVED EQUAL. 4. PORTLAND CEMENT SHALL BE TYPE V LOW ALKALI CONFORMING TO A.S.T.M. C150 AND SHALL BE TESTED. AGGREGATES SHALL BE NORMAL WEIGHT (145 PCF) U.N.O. CONFORMING TO A.S.T.M. C33, WITH CONCRETE SHRINKAGE CHARACTERISTICS OF LESS THAN 0.050% ; WATER -CEMENT RAT10 SHALL NOT EXCEED 0.40. 5. CONCRETE TEST SAMPLES SHALL BE TAKEN IN ACCORDANCE WITH A.S.T.M. AND CBC STANDARDS. RESULTS OF THE 7 & 28 DAY TESTS SHALL BE SUBMITTED TO THE ENGINEER FOR HIS RECORDS. SLUMP TESTS ARE REQUIRED FOR ALL TEST SAMPLES AND MUST ALSO BE REPORTED. 6. SIDES OF DEADMAN FOOTINGS SHALL BE POURED AGAINST STABLE EARTH. 7. ALL STEEL REINFORCING, ANCHOR BOLTS, DOWELS AND OTHER INSERTS SHALL BE SECURED IN POSITION AND INSPECTED BY THE LOCAL BUILDING DEPARTMENT INSPECTOR, PRIOR TO THE PLACING OF ANY CONCRETE. 8. ALL NECESSARY BRACES, STRONGBACKS, PICK-UP INSERTS, BOLTS, ETC., FOR PRECAST CONCRETE PANELS SHALL BE DESIGNED BY OTHERS FOR SAFE ERECTION OF THE PANELS. 9. NO FLY ASH SHALL BE USED IN ANY CONCRETE. NO CALCIUM CHLORIDE SHALL BE USED IN ANY CONCRETE. 10. ALL CONCRETE TO BE CURED FOR A MINIMUM OF 3 DAYS BY A METHOD ACCEPTABLE TO THE ENGINEER. 11. FORMS MAY BE STRIPPED ONLY AFTER THE CONCRETE HAS REACHED A MINIMUM COMPRESSIVE STRENGTH OF 3000 PSI. 1. ALL REINFORCING STEEL, UNLESS NOTED OTHERWISE, SHALL CONFORM TO A.S.T.M. SPECIFICATIONS A615 AND BE INTERMEDIATE GRADE 60 FOR BARS #4 AND GREATER, AND GRADE 40 FOR BARS LESS THAN #4 AND ALL TIES AND DOWELS. 2. ALL REINFORCEMENT TO BE WELDED SHALL CONFORM TO A.S.T.M. A706, UNLESS NOTED OTHERWISE. 3. REINFORCEMENT MARKED CONTINUOUS MAY BE SPLICED BY LAPPING 42 BAR DIAMETERS IN CONCRETE AND 48 BAR DIAMETERS IN MASONRY NTH 24 INCH MINIMUM LAP IN EACH CASE, UNLESS OTHERWISE NOTED ON PLANS. ALL SPLICES WHEN DETAILED SHALL BE LOCATED WHERE SHOWN ON PLANS. 4. REINFORCING STEEL SHALL BE ACCURATELY PLACED AND SECURED IN POSITION WITH METAL OR CONCRETE BLOCKS, CHAIRS, SPACERS, ETC., BEFORE PLACING CONCRETE. 5. ADDIT10NAL REINFORCING REQUIRED FOR ERECTION OF PRECAST CONCRETE SHALL BE ADDED PER THE CONTRACTORS DETAILS. 6. MINIMUM CONCRETE COVER FOR REINFORCING STEEL SHALL BE AS FOLLOWS, UNLESS NOTED OTHERWISE. A) CONCRETE BELOW GRADE OR IN CONTACT WITH SOIL: WHEN CAST AGAINST EARTH 3", WHEN FORMED 2". 8) WALLS ABOVE GRADE: EXTERIOR FACE 11/2", INTERIOR FACE 1". C) PRECAST CONCRETE ELEMENTS: AS DETAILED. D) CONCRETE SLAB ON GRADE: REINFORCING STEEL AT CENTER OF SLAB, UNLESS NOTED OTHERWISE. 7. REINFORCEMENT DETAILING SHALL BE IN ACCORDANCE WITH CBC SECTION 1907. MAILING AND FASTENERS ABBREVIATIO14S ON Z C14 ti) C14 Lf) a) q) 1. ALL NAILS, FASTENERS AND HARDWARE SHALL BE EITHER STAINLESS OR HOT DIP z Say w coast Hwy Z > c) GALVANIZED OR EPDXY COATED. A.8 . ............ ANCHOR BOLT N.T.S . .......... NOT TO SCALE 2. ALL NAILS SHALL BE 16d (0.148" DIAMETER) HELICAL THREAD NAILS, WITH A.C.P . ......... ASPHALT CONCRETE PAVING O -C . ............. ON CENTER T", Otte MINIMUM SENDING YIELD STRENGTH OF FyB= 90,000 PSI, U.N.O. ADDL .......... ADDITIONAL OFF ............. OFFICE 3. NAILING SHALL BE IN ACCORDANCE WITH TABLES 23-11-8-1 & 23-11-8-2 A.F.F . ......... ABOVE FININSH FLOOR OPNG ........... OPENING OF THE CBC, U.N.O. ON DRAWINGS. ALT ............ ALTERNATE OPP HD ....... OPPOSITE HAND 4. ALL HARDWARE SHALL BE MANUFACTORED BY "SIMPSON STRONG -TIE CO., INC." ARCHT ........ ARCHITECTURAL O.S.F . .......... OUTSIDE FACE AND SHALL HAVE A VALID ICBO NUMBER ON THE PRODUCT. ANY DEVIATION FROM B.B . ............ BOTTOM OF BEAM P -C . ............ PIPE COLUMN T-_ THE APPROVED PRODUCTS MUST BE APPROVED IN THE PLAN CHECK OFFICE, BET .............. BETWEEN PL ................. PLATE OR PROPERTY LINE IA AND NOT BY THE FIELD INSPECTOR. BLDG ............ BUILDING PILAS .......... PILASTER 5. ALL HARDWARE SHALL BE INSTALLED PER MANUFACTURER'S RECOMMENDATIONS. SIM ............. BEAM PLYWD ......... PLYWOOD z 3: BLIND NAILING SHALL NOT BE ACCEPTABLE AND WILL BE REJECTED. BOT ............. BOTTOM PSF ............. POUNDS PER SQUARE FOOT S.W . ............ BOTTOM OF WALL PSI ............. POUNDS PER SQUARE INCH C ................. CHANNEL REeAR ......... REINFORCING BAR STEEL CANT .......... CANTILEVER R.B . ............. ROOF BEAM CL ................. CENTER LINE REOD ........... REQUIRED 1. PLATES SHALL CONFORM TO A.S.T.M. A36. CLG .............. CEILING REINF .......... REINFORCING 2. STEEL PIPES SHALL CONFORM TO A.S.T.M. A53, GRADE B. CLR ............. CLEAR REF ............. REFERENCE 3. ALL BOLTS SHALL CONFORM TO A.S.T.M. A307, UNLESS NOTED OTHERWISE. WHERE HIGH C.M.0 . ......... CONCRETE MASONRY UNIT REV ............. REVISION STRENGTH (H.S.) 13OLTS ARE SPECIFIED, THEY SHALL BE MINIMUM X" DIAMETER AND COL ............ COLUMN T.L . ............. TOP OF LEDGER CONFORM TO A.S.T.M. A325 SC CLASS A UNLESS NOTED OTHERWISE ON THE PLANS. CONC .......... CONCRETE TS ............. TUBE STEEL THE INSTALLA11ON OF H.S. BOLTS SHALL BE INSPECTED BY A REGISTERED DEPUTY CONN .......... CONNECTION INSPECTOR APPROVED BY THE BUILDING DEPARTMENT. CONT .......... CONTINUOUS 4. ALL BOLTS HOLES IN STEEL MEMBERS SHALL BE STANDARD HOLES, U.N.O. CONST ........ CONSTRUCTION SYMBOLS 5. FABRICATION AND ERECTION SHALL CONFORM TO THE 9th E0111ON OF A.I.S.C. SPECIFICATIONS. CTR ............ CENTER 6. ALL HOLES FOR BOLTS IN STRUCTURAL STEEL SHALL BE DRILLED OR PUNCHED. BURNING DSL ............. DOUBLE @ .............. AT OF HOLES SHALL NOT BE PERMITTED. DIET ............. DETAIL CENTER LINE 7. ALL STEEL SHALL BE EITHER STAINLESS OR HOT DIP GALVANIZED OR EPDXY COATED. DIAG ........... DIAGONAL DIAMETER DIAPH ......... DIAPHRAGM ........ PLATE OR PROPERTY LINE DIA ............... DIAMETER ........ STEP IN FOOTING SOLID SAWN MEMBERS AND GLU-LAM BEAMS DIM ............. DIMENSION (E) ....... EXIS71NG DN .............. DOWN (N) .............. NEW 1. ALL ROUGH LUMBER USED IN THE WORK SHALL BE SELECT STRUCTURAL DOUGLAS H.P . ............... HIGH POINT FIR -LARCH TREATED WITH ACZA PER THE LATEST AWPA STANDARD C-2, MIMIMUM LOR ............. LEDGER RETENTION 0.60 #/CF. ALL LUMBER TO BE S4S & EXPOSED MEMBERS TO BE LG ............... LONG PICKED FOR APPEARANCE. LLH .............. LONG LEG HORIZONTAL 2. ALL BOLT HOLES IN WOOD MEMBERS SHALL BE A MINIMUM OF 1/32" TO A MAXIMUM OF 1/16" LLV .............. LONGIT ........ LONG LEG VERTICAL LONGITUDINAL LARGER THAN THE BOLT DIAMETER. WOOD MEMBERS WITH HOLES NOT MEETING THE ABOVE L.P LOW POINT CRITERIA SHALL BE REMOVED AND REPLACED BY THE CONTRACTOR AT HIS OWN EXPENSE. . ............. LT LIGHT 3. FIELD CUTS AND BORED HOLES SHALL RECEIVE A BRUSH COAT OF CONCENTRATED ACZA. ............... MAX ............ MAXIMUM 4. WALKING SURFACES SHALL HAVE A SKID RESISTANT FINISH, SUCH AS UNPAID TIMBER OR M -B . ............ MACHINE BOLT GRIT ON TIMBER. MECH .......... MECHANICAL 5. ALL GLUED LAMINATED MEMBERS SHALL COMPLY WITH STANDARD SPECIFICA11ON MEZZ .......... MEZZANINE FOR STRUCTURAL GLUED LAMINATED DOUGLAS FIR LARCH (COAST REGION) MFD ............. MANUFACTURED LUMBER, AITC 117 - THE LATEST EDITION. MFR ............. MANUFACTURER A) GRADE COMBINATION 24F -V4. MIN .............. MINIMUM B� INDUSTRIAL APPEARANCE GRADE (U.N.O.) MISC ............ MISCELLANEOUS C ADHESIVE SHALL BE 'PHENOL-RESORCiNAL' CONFORMING TO THE LATEST M.F.0 . .......... METAL FRAMED OPENING EDITON OF A.S.T.M. D 2559. MTL METAL D) TREATED NTH ACA OR ACZA PER THE LATEST AWPA STANDARD. ............. (N) ............. NEW E) ENDS SHALL BE SEALED NTH PENETRATING SEALER. N.I.0 . ........... NOT IN CONTRACT 6. ALL GLU-LAM MEMBERS SHALL BE CONSTRUCTED BY A LICENSED FABRICATION SHOP. NO . ............. NUMBER 7. THE FABRICATORS SHALL PROVIDE PROTECTION FOR THE GLU-LAM MEMBERS N.S . ............. NELSON STUD OR NEAR SIDE DURING TRANSIT. THE ERECTOR SHALL BE RESPONSIBLE FOR PROPER CARE AND PROTECTION OF GLU-LAM MEMBERS DURING UNLOADING AND ERECTION. 8. GLU-LAM FABRICATOR SHALL SUBMIT A CER11FICATE OF INSPECT10N TO THE . LOCAL BUILDING DEPARTMENT FOR EACH GLU-LAM MEMBER PRIOR TO ERECTION. WELDING 1. ALL WELDING SHALL BE DONE USING THE SHIELDED ELECTRIC ARC PROCESS BY CER11RED WELDERS, USING E70XX ELECTRODES. 2. WELDING OF STEEL REINFORCING BARS SHALL BE DONE WITH LOW HYDROGEN ELECTRODES, A233. CLASS E70XX SERIES. 3. WELDS IDENTIFIED AS REQUIRING CONTINUOUS OR PERIODIC SPECIAL INSPECTION NEED NOT HAVE SPECIAL INSPECTION WHEN WELDING IS DONE IN AN APPROVED FABRICATOR'S SHOP, HOWEVER, THE APPROVED FABRICATOR MUST SUBMIT A CERTIFICATE OF COMPLIANCE IN ACCORDANCE WITH C8C SECTION 1701.7. ALL ADHESIVE ANCHORS SHALL BE SIMPSON "SET" IN ACCORDANCE WITH ICBO ER -5279 (SET). California Coastal Commission South Coast Dist ic ffi APPROV 2 PermAN,... ........ By: ---- - - ----------- EFrECFIVE Date: -------- .......... I- f 'p Upper ON Z C14 ti) C14 Lf) a) q) 'tn 1 j gs Rd Newpott z Say w coast Hwy Z > c) I= 4) w j CL 0 �j as��! 11 2; 04 w LU wo (1) N PROift T", Otte LLJ Z x _j a. 6 U 0 -3 -q- < P oft T :c 0)(010 W z �v CO Z OEM wmw oc zoft cq V) U) cn 7- 4z T-_ x r < Udo 0 IA M w 2 _- Li 200 m M i I L 1.000 ft < < 0 2=4 Yahoo 1 hc LLJ VICINITY MAP 0 REPLACING THE EXISTING DECK, GANGWAY & FLOATING DOCK WITH NEW ONES AS SHOWN ON PLANS. AFTER THOROUGHLY EXAMINING THE CONSTRUCTION DOCUMENTS AND THE SITE: 1 . NOTIFY THE ARCHITECT AND/OR THE ENGINEER IN WRITING, REGARDING ALL DISCREPANCIES REQUIRING CLARIFICATION, PRIOR TO THE "BID SUBMITTAL". 2. IF THE ARCHITECT AND/OR THE ENGINEER IS NOT NOTIFIED, AS REQUIRED PER ITEM #1 ABOVE, IT SHALL MEAN THAT THE CONTRACTOR HAS CONSIDERED ADEQUATE CONTINGENCY IN HIS BID TO COVER ALL COSTS TO COMPLY WITH THE MOST STRINGENT CONDITIONS. 3. THE CONTRACTOR SHALL NOT BE ENTITLED TO ANY ADDITIONAL COMPENSATION FOR ANY DISCREPANCY DISCOVERED AFTER THE "CLOSE OF THE BID". 0", L01 3 5 0 2 wo. n: i z w 0 gm�ug cz�, 4w �, g0glo z IV* 00 .J > 0 ON Z C14 ti) C14 Lf) a) q) he 0 z 0) :c Z > c) I= mom w j CL 0 0 2; 04 w LU wo (1) N 0 M 0 0 0 I!= j z LLJ Z x _j a. 6 U 0 -3 -q- < U) T :c 0)(010 W z 0) CO Z OEM wmw oc zoft cq V) U) cn 0 Two x 0 < M w 2 _- Li < < Uj LLJ 0 0 z 3: 0 IV* 00 .J > 0 ON Z C14 ti) C14 Lf) a) q) he 0 w. a 04C - 0) :c Z > c) rq F- cj VM<' cc CO w j CL 0 00 2; LLI y 6 -� ! LU wo (1) < 0 0 M 0 0 0 I!= j z LLJ Z M > 0 > 0 1q. N 0 C14 ti) C14 Lf) a) q) LO 0) 0 Z rq F- < _j w j CL 0 00 2; 0: c� n y 6 -� ! . a. , a. < 0 Uj LLJ Z _j a. 6 U 0 -3 -q- < T Uj w cq U) (0 < cq V) U) cn z < U) V) M w 2 _- Li < < 0 > 0 > 0 1q. N 0 > c� 0 LO 0 LLJ a- w < CL < _j w j CL 0 00 w a a: 0: c� n y 6 -� ! . a. , a. < 0 V_ S2C : 01/10/05 S20 01/10/05 2 x 4 CLEAR DOUG FIR 3-16d CEMENT COATED S2E : 01/10/05 3/1 z . 241 -Of' SHAPED AS SHOWN TYP SCREW NAILS COUNTERSINK TYP PLUG TYP 3/1 8 7 POSTS @ S-8" SPACING -Ott e. 1 x 4 CLEAR DOUG FIR TYP 3 x 4 S.S. DOUG FIR 2 x 4 CLEAR DOUG FIR ---------------- -------------- ----------------- F_ -- ------------- ------------------- To 0 0 co z 7 a_ 0 0 Ln 70 0 Tr o 0 1. on 0 STRINGER STIRRUPS L x 6 WEATHER BEST SOLID DECKING co GANGWAY BRACKET 4-2 x 12 S.S. 'S4S G EACH STRINGER W/3 -Y2"0 M.B. TYP DOUG FIR -UNDER SIDE AT X" SPACING (NER - 603) C14 'z- I j 3 x 4 S4S POST TYP NN b t3-3 0 1 Y441 e V4 TYP TYP 5" TYP tz Yg"O M.B. W/WASHERS ON BOTH ENDS TYP 04 EA POST -3/8" x 2" STRIP TYP 0 PIN. 1 x 4 S4S RAILING DUE TO LL DUE TO E/W W/2 -8d NAILS P- (COMPRESSION) (KIPS) 3.5 PER POST TYP 17.0 31-0#1 - - 2y2" -4 14" SO < M- (SENDING) (FT -KIPS) TYP 76.5 _x !V- (SHEAR) (KIPS) 3.2 3.2 %tl �YA4 x 6 DECKING TYP 0: N-1 C14 'z- I j 3 x 4 S4S POST TYP NN b t3-3 0 1 Y441 e V4 TYP TYP 5" TYP tz Yg"O M.B. W/WASHERS ON BOTH ENDS TYP 04 EA POST -3/8" x 2" STRIP TYP 0 PIN. LOAD DUE TO DL DUE TO LL DUE TO E/W TOTAL P- (COMPRESSION) (KIPS) 3.5 13.5 17.0 P- (TENSION) (KIPS) - - - -4 14" SO < M- (SENDING) (FT -KIPS) 76.5 76.5 !V- (SHEAR) (KIPS) 3.2 3.2 0: L CENTER LIN; OF PILE & a=W 2Y21 1 Typ _j z w _j _1z a. x _j SECTION X—X N.T.S. LOAD DUE TO DL DUE TO LL DUE TO E/W TOTAL P- (COMPRESSION) (KIPS) 3.5 13.5 17.0 P- (TENSION) (KIPS) - - - - M- (SENDING) (FT -KIPS) 76.5 76.5 !V- (SHEAR) (KIPS) 3.2 3.2 CAP vAw J?;= = 7_ —1 U's — - — N� c 11"x Z �t < 2 x BLOCKING ITYP L 3 x 3 x )41 x 5Y21G TYP @ EA PILE 4) DESIGN IS BASED ON THE FOLLOWING LOAD COMBINATIONS z TYP @ U.J PILES CAP (TOTAL OF 4) W12-Y2"O x 1Y2" LG 0- FRI BENDING AND COMPRESSION uJ !Z Z hit 9/4 x 6 DECKING 2 x STRINGER TYP LAC SCREWS AT EA LEG too u- oz Ic" a C) _5 16" O.C. MAX TYP C14 TYP ELEV=+9.0' 0 2 x 12 STRINGERS 4T L R BENDING AND TENSION M.L.L.W. 1 PITCH F-1 OTHER, DESCRIBE Lf) p— <z F\ % Ix ArT X2"O M.B. W/WASHERS 5) FLEXURAL LENGTH IS EQUAL TO 2/3 OF TI-iE PILE LENGTH. '104 UOJ 9/4 x 6 WEATHER (D < ON BOTH ENDS TYP N � BEST SOLID _j AT + + EA POST 0) DECKING SPACED GANGWA 0 < )/4" APART WITH 14 Z 2- #1 2GA x 2)�" LG 6 x 12 F- V) < it :2 N.T.S. _j WOOD SCREWS SHAPE CONCRETE PILE AT FLOATING DOCK PER BOARD PER W/5-%" EQ E0 S2V oij/397ob < CROSS MEMBER LAG 71-0'0 #4 REBAR PRESTRESSED CONCRETE PILE ALTERNATE DESIGN REQUIREMENTS z U) 11 i #4 CLOSED 0 'SCREWS It 11 Of EA FACE 0 3" MIN it ELEV= + 7. 0' TIES @ MAX _j 1) CONCRETE Qa p -4 M.L.L.W. 12" O.C. u - EMBED MINIMUM COMPRESSIVE STRENGTH (F -c) @ 28 DAYS = 6000 PSI C14 .4 v 3 x 4 POST AT 4'-0" AT PILE .4 16" TYP @ TRANSFER = 4000 PSI CAP < < 4 O.C. MAX TYP 4 2) REINFORCING 4 0 q 6 x 12 PILE CAP 4 CENTER LINE PRESTRESSING STEEL SHALL CONFORM TO ASTM A-416 GRADE 270. 4 .1 U to =_b%1" PITCH vz u % SPIRAL SHALL CONFORM TO ASTM A-185 GRADE 70. CAP 4 OF PILE & PILE < 0 4 z lo 4'-211 4 4 4 w 3) FACTORED LOADS, EXCLUDING THE WEIGHT OF THE PILE, ARE AS FOLLOW �:FESS/ 0 v 1) P1 Let'- TVD 11 16 cq U c- r% _j 3--Y4"0x23" LG ALL THREADED < :-H _H L 5 x 5 W/4-,V"O M.B. W/ x 5 x 5 x X CLIP ADHESIVE ANCHORS CENTERED !z to o �CLR Z 0 WASHERS ON BOTH ENDS TYP WITH PILE & 6 x PILE CAP -4 SPIRAL X ANGLE TYP 7 W @FL w ALL CONN, SEE ..4 it -Ott W/NUT & WASHER AT PILE TYP CAP TYP DETAIL 01 .3 r 4 TYP z --j"J . i w 16 CONC SUPPORT PILE _j LOAD DUE TO DL DUE TO LL DUE TO E/W TOTAL P- (COMPRESSION) (KIPS) 3.5 13.5 17.0 P- (TENSION) (KIPS) - - - - M- (BENDING) (FT -KIPS) 47.5 47.5 IV- (SHEAR) (KIPS) 4.5 4.5_ S 3812 E . 03/31/2 7 WPO Qg "M 0 -00-1 - ffi- I �r� On H 4A 0 0 1 A b^ R"%sources DIVISI N % a ur Un I I I I FACSIMILE TRANSMITTAL City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 Fax 949-723-0589 Date: 7b A& To: `��Y) Wd I Sk From: FAX #: # of Pages: -Tem VOEkjQ1eV 723- TO(c (including cover page) Comments: Ii, � �' K- Z' r Y, gvc� I/A; T F/j, C -S 17-v2' &F W/ t � "011 COOSIVA 0 34 We& ^Ooc VICIMITY SRETCH CAMP NEWPOar DAYI CALI i. jerrr P'OSXNIA I &XPP*CSSeOI I., r,,.l ,,,( donoile, 5 below A-fee2r7 I-oWep low Wa�deo-. AjOX1"vC1jvv 0 /' /I - &C 1-110,rhos- /,;Ies Ore C a ia ble'Shdr d /;7 -//7.1' s . Secytrc,? ojCMa w po,-1 ro to., 5"eh e07-reA-I P, eol-: 7 74 � &� ?0 %&I 0 .3,47 ."T'S7, Ai V. 5, 9VLk I- 1AIL= 041.1aW,4 Y 40, rRAe 7' 907 2 46 3 4.6;- 341 3>43 V1,126) L IL�C) -AA-1 r 5 IV,4" J014AY A PPL / C 0 7,C-AC2- 907 VIA Aaozess 1,12-w1vaer &c -ACA) CcAlrmA c roc OA re F- J �t� - Sr 1z, .Cl NxwPovr dewc.A.1 �ZTW . �;X- P//- c- Ylsr /5�11z-:: 7 V Z?I-; IV t 1- 5710 z5)(19T.- eO7-r69Al so Wall "'Oe VICINITY SRETCH NEWPORr aAY, CAI. 1IF'ORNIA 510 eln 01i'm 47 5 are ex,---cssed f., A..., ,,,f olept'As below AfcaF7 lowep I-aw 1,10sre^ range 0/' Y(2rho,- /,;?eS ore esic6lt'shod /;7 7�A secl.,op o1cVew V. 57, 6.4waW14 y 4a, 40' r&PAe 7* —0 '907 34 . 7 3 46 VIL20 L /00 APP,Llc.4,urs AIA" -101-41v e 70-AC7-907 ,914, VIA L.100 "Of -?P -Ioa AoDeess �vczwpaer CoAlrvAcrom DA -re NO. �0. NO V x /A x L WIA?y /0 4rr4cHz--:z:> ewes,,, C A TIN, I 14 .5- Lg "'y 40 VN* X 1/ L -TY 7 7AIG 24 i /4="o w -0 c- c A —1 " j -, L�-YCTIAIC 1-4 44'-0' ly C, ^It 11 -0, 19 101 100 10, lot 5100 Cal:: eo z- �4 A 4 1 7 A I 0of -01 10. too I-MA4&5-le 4Z-1 4Z,1M'&C-,e a -Ile CXW, &OL z y ZLVW11367� Fr—= ?OL 71," (5 /< CO - 74 .40 �/n�= ,ez-:-r4w- 7-10A1 OR 5-7 0-LIFIV7 fi� 40L775 s Y r1>L.:-c1<1 A/. :2 zi �0 L eLz* 4,�5 Z-�� - Lx- ef�,,O, "617-5- 7-0 &6:- 00 4 1K 1;1 11\16 4�;OWIV Z�2C- C-AIIIM�. F ji O.C. 7-1-M?V FOA17-00,AIS /--�A,171COA19 /s X 9 7 ZZ20/v TOO" &A 7225�� A:?ArS Axlr-- &-0,1A47 0 -Le--7 7-) 11A, 117-1-1 F--, 10 rA 19A-- 4 X lot lot tot #0# Ix IV -4 L Al D '01 tot ST glul.'su, tot, 1,01 101 ids lot -lot Z, 4-a -,5CX P45 ��-7L '7 iiof EMU o. 2.' 401 001 too tot 0# to, It 4 0 4 �-2 bF CA 7.0 104 DATE REVISION: ow DRAWN Sy SHZET NO. 774�- JV�R& fe -sv/ DATE MARINE CONSULTING & DESIGN f/ A r 2W Fi. 0 A -rl"G 4,oiili`0C14e SCALE 2400 W. COAST HIGHWAY NEWPORT BEACH, ' CA 92663 —00 SUITE F 714 642 — 2206 MaORA S AAeWol ORr 84eACAO�CALh�.� or SmrrTS NoTg SXMPRMS I ''I'l I gN IN 11 Y4, - Z- 515', -574 A 4-016 /--/o Z� C5') �4- 7' 'N�l If 9 CLIP,XIAIGLE 4 X5 2 Y6 re X 5)A 4, e CA12 &0Z -7'Y' 14:'L`W "t, '/�'-""="T�r'777�-'7 . . . .. . -�r7 I LAP 4. Z4 4 x <6, 57pl-lc6F 3c- c7 -loll 0 x 6 C,-912. 00Z- 7"Y Y9 OXIS iSACIA X, ..... . .... 1PAVITM, ENT ................... /;?l 0 1 4f - AIA z 4 7 1��Z-�<�V451VC-4�;' rO OA 4 P,) J �5-L:-c T101".1 ORAWN NO. 7� M A R I'lk\I'E C 0 PIN'S U L T I'lk\4'G D E S I DATC SCALt 2400 W. COAST HIGHWAY NEWPORT BEACH, CA 92663 2 Cc- W/<./ SUITE F 714 642 2206 Mc. WP OR T'494 5o 4 C14,* CA 4 154 OF 2. SHEVrol ZA- �-14,4 i2l No. 226 12- ly X3 ?It ( el 17 Z-,� c 744 All 1 42, --------------- 7 7ZI Z- ir Y pew W Hiz, �-14,4 i2l No. 226 s7 W1 Af C- C-� 7 75 f 4- 71, 7_ L -7c- 7, 7r, / �7, 75-�� 77 �Z-/ 74/-/ 157 Z_ z -x 5 y 16�1 lltll-w-70V/L-11' � alld V,76 p 7,7 71 - It -7,7 V, ZT -5T 6", rif-ESSIOAN S. Hop 00V 0. 226 u CA OF Vilf- THOMPSON FLOATATION, INCORPORATED (714) 645-2842 1645 Monrovia Avenue I -Costa Mesa, CA 92627 I Telex 678308 THOMPSON CSMA /7-0 7 - Flange width 3' on all 4 sides FIGURE 2- FLOATATIOR UNIT DIMENSIGAS 1117 68� 3&� 16-- 96 68-.95.. -68- 36 -3 20 103 68.95 1119 68- 361 - 1 90 68.95 10 1 4 8.4-06 1130 726-- 4 8- 14 122 102.74 1131 96 �e 4a 14- 161. 140.04 1230 —72- T02. 74 1231 - 9 6 48� 16 167 140.04 1430 72 481 23 145 102.74 1431 96 4 8j 25. 198 140.04 Potent No. 0 270 325 1.103-.2 .1,379-A 973.9 1.151.2 1,978.8, 1.657.7 2,259.0 2,376.9 3,519.8 C_ r . k H r.4 C. 6_&&pkq_qf_.q,ppent par cubic yard psi at 28 dgya V ej- Ls Q0Q_p@j_ At _transf or PfUTREWING -STEEL- j _270KA iqQp_.ted stress .rLU_evo_p.g7qp,_!1xv_.vt,mnd, 7-o7-,4L- MA_Uya�� 270,P29 ,gth -psi x .6 =Jdxz_.atreojL___ 362.0 00 r)si + Ihitial_PUv3j__ 197.000 psi 2 .155 in Initial for"- _p.er_sU-and __30.8_530 The 162 1000 ped 2 ftridmg f orce. P -e -Lr ptrand 25 Xtal working.force 1570,6661bo 2 Itfociive- prestreas-... 450 zhm�fojr HARBOR PRECAST COMPANY LONG BEACV. CALIFORNIA botto: PRESTRESSED CONCRETE PILES 12" SQUARE DRAWN CHfC1KfO APPROVED —D f P T 0 N EJATf t DWG No. - poofm pop -cc, a sem ta... +1 3.2-3/8" 2j Cir. to spiral P. F4 W% 3AN n-5/8# chamfor f our -edges 6_&&pkq_qf_.q,ppent par cubic yard psi at 28 dgya V ej- Ls Q0Q_p@j_ At _transf or PfUTREWING -STEEL- j _270KA iqQp_.ted stress .rLU_evo_p.g7qp,_!1xv_.vt,mnd, 7-o7-,4L- MA_Uya�� 270,P29 ,gth -psi x .6 =Jdxz_.atreojL___ 362.0 00 r)si + Ihitial_PUv3j__ 197.000 psi 2 .155 in Initial for"- _p.er_sU-and __30.8_530 The 162 1000 ped 2 ftridmg f orce. P -e -Lr ptrand 25 Xtal working.force 1570,6661bo 2 Itfociive- prestreas-... 450 zhm�fojr HARBOR PRECAST COMPANY LONG BEACV. CALIFORNIA botto: PRESTRESSED CONCRETE PILES 12" SQUARE DRAWN CHfC1KfO APPROVED —D f P T 0 N EJATf t DWG No. - poofm pop -cc, a sem ta... r� :12 -Speare pdes 6 Sle-opid, k)d axial Idad P>e-o perlies a -r -5 L- e- I idn A Sedloo Moddtis -oLoul I,,-& c 14 11 .yA d /Z V4 Iz 9 6 .3 i On 44eal 1,416,41 4-X iS d YA r2- 172914 Ir -2 U -Se.) C,,o 00 2 6� .00 6 Is 0 .0 0 PSI' X 16", od 0 10 0 0 let, PSI' 10 p e SS id F VA MIZ 2- M-6 knen limded Zj 4 nompre-ij F'V� -T Ire5S d,4 513, -fC' A4 M q -77 6 6 /,'.�7;/e4i 4� leAsi'loo s �ress dp y 7, 8:5'o P 16s Af-a oi em limded I �oms;le x1ress el' V f e. - M z, Zdq ej 5'6 4- S96)11Z Z7, '716 PI. 4.3 4e V�-e 1373 /7 �-3 1 q y 71 0-? 1?77 il 77 /07-9 17( f 231 /0-7( 776 I- lot (of7 7(, 971 Alycl-Ine P/4 4,7 9/(,p VIA 114pe 1Vz--:-Yv1ooRr F,g1v&r,r,a7-1o,A1 Col-lnn< X(I Z/J-) 70A 4- C4 Z- 6 01,,4 7-101VS !5r ev ,< /"�), lec-�q f -,A - / / C, � /,r '! � v--/ = 7 -I ,ul 29 02,03:27p�, BellPort Group 349-723-7702 P.1 If -/ Facsimifle �-/ I / 711!xt Fyom: Sean M. Walsh, BeflPort Grotnp To: Tony Melum Re: Curcil Residence, 816 Via Lido F�0�--,nJ Pc .js: 3 (including this cover) if you have any pi�'able-mis rrecei,,�q �J--,,,g fa-, rj;lej�se call 949�.723.?781 K TIony: - ' - . i- � i ried' to get th is dolle oll I riday but It St. n -)- , - S11 ��,Jhat we wolild like 'Ur.) dc� is, to rnove the e I ting dlo,-',� tl— Ieft ffiorth-ofest� by 4 feet wNch would center thc: dc)ck between tl�e :�ron-l'-'rty 011 eitilc�"I- 3ide of <est vv'. L get this 'Llie existing dock, Pleasle- let ir-ne know 1&1e, an -d. quic' accomplished. Our thanks in ar-'-k,fance. Regards, Sean \Nalsl-i This communication is interclecl on�%/ for the ise cf the pr�J'Ly b:) Nrh �L is aoj e SPI- Uld n -,ay contain informalition ftit is pFjvil�gedl, cor dis,,-. -,sl-n-, Lind -r m, yc.),.! are F--deral and/or State law. If the reader of this thc ide.cli recipic', hereby notified that any dis3ernmation, distribijtjon, o-,, -V.-;-ion of Lhis is strici-ly -c-, -ton error, �i!ease -ider mniediately prohibited by law. If YOU have receved Uhis corrim m! -1b sei by telephone and return th'-1 original transm;itt.al to zcid:-ess al0c'vc %,;.;n th--� 1-U,J)..S. Ct.ir tha'iks in advance. Jul 29 02 03:27p Bel",Port Group 9 4 9 --'?12,3 -.77 �3 2 .......... Jul 29 02 03:28p Bel I Port Group 13 4 9 7 2:3 —7 7 9 2 j. hi -xr 4119 4 1141 4 3 eg, 4 -14 4vt c WNI'-�.-�, �tu-� c"i I I 3 z S. o. 2 2 G &f, c� - C r-0 � 0 11 mi Ll N-4 e - I I t -4 ce-: A /0 rl-: Z./ -Z/ CTAA /-194/ 4,xgx 14"", 9 /1 Ri 1.4 �4 --s- Lg 'y Z L -:"Y/.57 7-XA/G 6 "'y 16 �-7YISTIAIG G,4AA,--jV1,)y-1 2- 44 0 0 Oft 101 1T 120 el - %4 eOZ- TS /0' �D 1 --4 2 _T44 4 f4 10, lot ALL _5 /6 4 4,, /-?0/ 7�9 c' 4Z -Z Z Z1A4A6Z_:7 �A- III �41171-1 W,4rLz�e -5,� L7-!; x 74 t-`cnq -:�4��- L) r/OA/ A-o;�//V, 0/ 4 &OZ -7715,-1 S&IV7 At eOL7-5 A&177 -5- h -z R L?Z. 41L I\IV7-5' 7-0 Z?C- 4-d Ln" -ZA 7- X4 T A 72�' /Z:-"O/V 7'OOA.1 0 "JA" .7 tA I 0/, A # in NO. I DATE RF-V[Slo?4: VIS&:�� / 1=-IAI 77e,� )Allpe- SIS140P GRAPHICSIAOCUPRESS REORDER NO. A15406 41,0 0, X 2 CIA 7-.5* x �5` 4 a 9 12. A. - 16 &: Z -w. yg lot 10 101 - Olt 101 101 ;N REVIEWED BY pUCUIC N no, 00,- rp T I C By '(3 VVOR HALL Ca STANDARD GpECIF'"" tot H 'CATIOus �p' r, lot 104 101 101 COMSTRUOTIONARD SUBJECT - 0 0. —LI \M I too 101 101 400 tL 101 101 lot 01 f L'S * DRAWN "y SHZCT M0. R'o OATII N,ARINE CONSULTING & DESIGN Fl. OA 0 c 1-e 2400 W. COAST HIGHWAY NEWPORT BEACH, CA 92663 JO/-/" C.41RCI jl*�� 816, 1/24 41DO."0z'D A) e W)= OR 7 i9EA C".. CAL A -c. SUITE F 714 642 — 2206 or I? 514ttT$ ." I - /' >oe 4"' /0 � Ic pz-,4 /\,/ - 4 14,V cy) it .0, 0 0. L:: 5 '0012 x J? x -4'1 Z :'- \lN (T) �4 (oD 57 4 /--/0 L L:-�57,,/ —T- IYOL C -5- o ]c3F 0-11, Z -:-:,A J 7 ox? Z- Alf1k, A?04 L L=-, p- OA-) a,,41 L V &-OL r, lol� "14 NO. I DATE I REVISION: BISHOP GRAPHtCSIACCUPRESS, REORDER NO. MUM -//ro Y-! 13,, 90 CLIP SEC 77 OVV F 4 >5 l---2 X 9 le�_nf /ic"m/c f ----j I I ir 6 0 A41", 45 1-7 A, 1A IZ- -T 0 0: "'0, C. Z_�WL-1 /'o" lool ......... 4 x 6 x PZ- A 7-Y 4* 0/1 .0 z��)/2 &OZ -7'_5 , L"IXI kj x --------------------- - Foieslolv IZ- -s-, C, /C� >11 �cj 'K tor z--: r T lorilthe 1,4o. 226 CO3 DRAWN SHEET NO. 121 DATZ :v/ MARINE CONSULTING & DESIGN EL I -A M5 0 US L.A97AIL.S SCALZ 2400 W. COAST HIGHWAY NEWPORT BEACH, CA 92663 2 wmwmmm� 816 VIA Z.00 A10RD "G WP OR r � Z34CA CA Z. /*,C*. J. N.6 92- SUITE F 714 642 2206 or S"ErTs 0 -7 5-�- YI-6 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 11/17/86 John Curci 816 Via Lido Nord Newport Beach, CA 92663 Dear Mr. Curci: Re: Application for Harbor Permit 175-816 for pier maintenance Sir: Please sign and date�the enclosed card as indicated. After we have received the completed card and after you have indicated to us the name of your contractor and the requisite information hbout the contractor's insurance, we will be able to issue the permit. If you have questions, please call me at 644-3044. Sincerpoly Tony MeAm Tidelands Administrator by db 3300 Newport Boulevard, Newport Beach II Lido Yacht Anchorage Lido Peninsula - P.0, Box 1549. Newport Beach, California 92663 - Phone: (714) 673-9330 � 7 T- T-74/ June 18, 1985 City of Newport Beach Marine Department P. 0. Box 1768 Newport Beach, CA 92658-8915 Re: 816 Via Lido Nord Gentlemen: We plan to replace an old and deteriorated dock at Mr. John,Curcils residence, 816 Via Lido Nord, on Lido Isle in Newport Beach. Enclosed are 40 copies of the proposed project, for your staff and the City Council if necessary. Please let us know if you need any further infor- mation to grant a permit for this project. nc erely, Ronald Snyder Lido Peninsula Manager Owned and Operated by Curci-Turner Company Cl avm Nzmwavr de.4c.A.1 T A/ -'k & CONCRC /- "i � P/1- C-57, . ':S, 411,e IMOIPO-15115,9 Ivael'o"2 5'47 �?4C 1 345- -T AIL -=,W j/. 57. ,VLZ"W SZ/p G,4NCfiVA Y 344 P- -Y/ 5 � r. , PIGR 40, 40 ' 40, 4.0, 4o' I MAe 7' v e 907 1 . 1 347 946 3,4:�;' 34-d VIL70 1100 Al ,4"e -IOJ44AJ CIIRCI ecr- X4,� Age..r, 7,e -,4c7-907 916 VIA I-IL20 1-ta&;4P Aopesss &Izzwpaer CAZI,=� CoAlreAcroc OA r -e C% 044 PIZ 0 C'e-.., v -"r VICWITY SkETCH Jer.-r evpohs below Arcro#7 lowep Low WaAdom. I PC" p d' 0.4, iliec - 0,0,0^0 it " nro Ar/.y 10 4.&V Map- A*,- /,;? es ore C.Tio6l."Shed f;v 71/p;.s . o)P'VdWd~1 Asar. 5'47 �?4C 1 345- -T AIL -=,W j/. 57. ,VLZ"W SZ/p G,4NCfiVA Y 344 P- -Y/ 5 � r. , PIGR 40, 40 ' 40, 4.0, 4o' I MAe 7' v e 907 1 . 1 347 946 3,4:�;' 34-d VIL70 1100 Al ,4"e -IOJ44AJ CIIRCI ecr- X4,� Age..r, 7,e -,4c7-907 916 VIA I-IL20 1-ta&;4P Aopesss &Izzwpaer CAZI,=� CoAlreAcroc OA r -e 73 0-� — p-1 PERMIT NO. / tj �/ 6 Project Location: DREDGING APPLICATION 816 Via Lido Nord Cubic Yards to be Dredged: 148 Method of Dredging: Hydraulic Suction Nature of Dredged Material: sand/silt Disposition of Dredged Material: Place material on adjacent beach Method of Material Disposition: PuM2 through discharge pipe to disposal fill area. Turbidity Control Method: Filter screen around discharge site. Effect of dredging on contiguous bulkheading and beaches Will restore depleted beach and reinforce bulkhead kJ_ T.- Harrig hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. aohn Qijrgi (Applicant -type name) -i,/i n /78 '(Date) Shellmaker, Inc. (Contractor -type name) Signed: Conirractor! Representative Cl r Y- Niw,,,�aer" 9,6-,4c,,w S 30 70 4-��6c-o.'h %j J'�5 '60 —35 2 '20 2 Al � '11.0') 111,14.iq �&-Aowr It- a,,,- 0 A 7- 0 P"f'L Q'Qn M -L-1 LZI 40 polio, 0 cle ca 1k VIC) M I TY SKE T C H pr4 Na—poar 5AY, CAL IFORNIA Or& e-ARF'C,�SCci bCIOW eWCOr7 40NVer ZOW 4, Fu av,7o1,p �%10A&r�, t are 71,6z's .5(rc/.'0'Y '0" T --T ri T., Drej plln.IC7 el P. ire -3 q7 3 15 3 'qq 3143 VIa- Zl::YIO AlOrel CA 3 4-5- 7A, r 7 peess comreA croA SAe kcro.A-re 3 11,��117 CITY OF NEWPORT Br,-Athl HARBOR PERMT PERMISSION iS --g�T Ajq- MA,INTAIN 71331,7- 73�11 AT THE S471— THE AZ� A,NY IS N10"", C 1 §H' N ��cl Zff �a C V h-AWZ c:, �-',-"17'0 R PERMIT NO. VATE 'OPECUM cenjr-pormn"S: Corps of ,�PNIce-rs Permit -3,-Ia - -2 Oroago CGurtY Pernait other — L4`�; ,-, "T"oltr6ED By My COUNCIL ? Sl IN Irp l c", oft, VICINITY SKETCH WIEWPORT MAY, CAi—F--j�R"tA �A Y - - - - - - eael/ 3" 71'wr- 14-7 ---:L' A /V ItZr144 117 7e) -- Dez5l�,7/1 0 f DAT F- r - f SUBJEC,T____-.. - -------------------- ---------------- S14E:E-r .. ........... 71Vc Zs;,�c/,i m RAUB, BEIN, FROST & ASSOCIATES ENGINEERS & SURVEYORS, PHONE 54a-7723 P. 0. Box 117 136 ROCHESTER STREET COSTA MESA. CALIFORNIA August 21, 1969 Mr. David A. Kaylor The Irvine Company. 550 Newport Cent-er Drive Newport geach, California 92660 Dear Mr. Kaylor: Re PromontorZ Point Larioon Stud%/ "B" Pursuant to your request, I have analyzed Promontory Point Lagoon Study "B" to determine whether a problem will exist j,!jtjj debris or biological pollution. Also the question of erosion or accretion in the entrance channel and lagoon was investigated The proposed Promontory Point . Lagoon Study "B" encompasses approxi- mately 10.5 acres of water, ranging in depth from, -5 ri-,ean sea, level datum at the bulk -head to a bottom, depth. of -11 mean sea I evel datum in 'fie laccon, 18 feet bayward from tht bulkheadi The prevailinq winds in the area are from the southwest direction (See Exhibit "A"). The entrance channel to the lago-on joins the North Balboa Island channel and is protected by Balboa Island from the main channel of Newport Bay. There is gooda circulation in the North Balboa Island channel. Any debris which would enter the lagoon would derive from I -rash thri:�,-,,n Into the lagoon writhin the lagoon itself or accasional trash drifting into the entrance of the lagoon -being carried by the.prevalling v"inal and flood 'slide. This floating debris should be almost inconsequential, and with the clean, unobttrutted bulkheading, which is prcposed for the perimeter 0� the lagoon, the. debris will collect a t 4he �j first bend in the chan-, nel closest to the Bayside Shopping Centerand be swept out due to tidal flushing action. Since the cycle occurs twice daily in this area, it is my opinion that most if not alI of Lthe floating -debris would leave the lagoon by way of the entrance channel on an- ebb tide at times when the wind is calm. Mr. David A. Kaylor Page 2 August.21, 1969 One area of possible trash accumul.atio.n is in front of Lot 59 behind the groin -westerly of the beach. This can be alleviated by proper attention to the design of the groin. As far as biological pollution is concerned, there are no sources of effluent discharge or large storm drain systems discharging into this lagoon. Due to the geometry of the entrance and the size of the lagoon, the water will be replaced by the normal tidal action with approximately the same rapidity which occurs in t ' he lower Newport Bay. It is therefore my opinion that there. will be no biological pollution in excess of the acceptable limits as established by the Health De- partment. We have also analyzed the.bea th processes in the area and find no evidence of erosion or accretion in the Balboa Island channel within the vicinity of the entrance to this lagoon. Due to the low non -scour- ing tidal velocity in this main channel, there appears to be no littoral drift of sand in this area which could tend to block the entrance. As far as accretion of sand within the lagoon due to sedernentary de- positing of sand from the storm drain system is concerned, I feel that this is a problem of temporary and minor consideral.-Ion due to the small size of the drainage area contributing to the discharge into the lagoon. Any accretion should stop as soon as the residen-tial area surrounding the lagoon and Upper Promontory Point area is de- veloped and landscaping established. if you have any further questions regarding these matters, please call on rae. Sincerely, RAUB, BEIN, FROST & ASSOCIATES Jack G. Raub Civil Engineer JGR/cem I 09 November 16, 1972 CITY' OF NEWPORT BEACH CALIFORNIA 92660 MARINE SAFETY DEPARTMENT City Hall 70 Newport Pier 3300 Newport Blvd. 673-3360 (714) 87.0-2110 Councilman Paul Pyckoff City of Newport Beach City Hall Dear Mr. Ryckoff: Attached hereto are documents and correspondence which I believe are the most germane items, available within our files, involving the grants of easements for the Promontory Bay waters landward of the Pierhead Line. Please note that Captain Harshbarger identifies some papers which we would appreciate having returned, since they are either originals or are difficult to copy. If you have any further questions on this matter, please let me know, Sincerely, MARINE SAFETY DEPARTMENT re— N",' R. E. Reed, Director RER: lf cc: City Manager MARINE SAFETY DEPARTMENT 70 Newport Pier TO: R. E. REED, MARINE SAFETY DIRECTOR FROM: Captain Harshbarger SUBJECT: BACKGROUND MATERIAL FOR COUNCILMAN RYCXOFF REFERENCE PROMONTORY BAY "GRANT OF EASEMENT" At the Joint Harbor Commitee meeting, November 14, 1972, Council, -,tan Rycko]"-f requested that we gather the background documents that ident-ifY the reasons for the "Grant of Ease- ment' for the portion of dedicated waterways between the bulkhead line and the pierhead line, of the above subject project. The following attached exhibits are the primary documents that identify the rational for the "Grant of Easement" with reference to the dedicated City waterways within Promontory Bay. Exhibit A - Tract Map #'3867 On sheet 1, first column is a Note which r�i_a.ds.-"I.ntenTe_d use for Lettered Lots. Lot A - For public water navigation purposes subject, however, to an easement appurtenant to each of the lots within the tract,for pier, mooring and maintenance purposes over portions of Lot "A" lying between the bulkhead line and the pierhead line as shown on the tract map contiguous to each lot." Exhibit B - Proposed Grant of Ea'sernent This document was pre- pared by the City Attorney to clarify the ambiguity noted on the Tract Mao, Exhibit C - Proposed Corporation Grant Deed This document was prepared by the Title insurance and Trust Company for the City to execute. The.Public Works Department and City Attorney have prepared the Grant of Easement document rather than a Grant Deed which indicates fee simple property. Exhibit D "Proposed Council Resolution" This resolution autho- rizes the Mayor and City Clerk to execute the subject easement on behalf of the City� Exhibit E - "Staff Report - Grant of Easement"'(11-13-72) The staff report prepared for the ��_ouncilNovember 13, 1972, explains thereasoning for Grant Easement with reference to the Tract Map wording. R. E. REED Page 2 November 16, 1972 Exhibit F - "Staff Re�)ort - Summary of Promontory Bay Permits" (5-19-72) This report prepared by George Dawes tor the City Mapager su=,,arizes the permit process and background of the Promontory Bay project. Exhibit- G - "Staff Report - Harbor Permit #200-000" (PromontorV Bay ) (8-10-70) The Harb6_r -Permit. was approved by'the City Council, August 10, 1970. The report lists the recommended conditions wiLh supportive discussion. Exhibit H - "Sta-Ef Report - Ownership of Privately Created Waterways" (4-27-70) It'is recommended in this report prepared by G. Dawes for the City Manager that the waterways in Promontory Bay be dedicated to the City. The report outlines the reasoning for this recomm, endation . The "Grant of Easement" does not void the Council's Harbor Permit Policies for the easement area. It does, however, guarantee the abutting upland owner the right to an approved harbor structure. Should Councilman Ryckoff wish additional information or any points clarified, please let me know. The Promontory Point file is maintained in our office. The Public Works D�epartriient has requested that the dupl icate Tract 14ap (EXHIBIT A) be returned when the requested information has been identified. If this exhibit is returned to me, I.will see that it is replaced in the appropriate file. Sincerely., D. Harshbarger, Captain Marine Safety Department DH:lf Exhibits A-11-1 S I � T '1 9 f C A L I F 0 A R t Al t @ U �l T Y .3 F D R A 9 G E i 0 � T 4 1 S D A Y 0 f "q ta A IJ 0, 7 A PAI P J L I IN AM) PDX SAID COUHTY AND STAT 1, FERS-9 AIALLY I - Ta hill 51 vicl PRIESMIT A P E A i P 1P 0 lil il h N S k A S MA R T 'l TO —M T 5 BE ASSISTANT SEEMARI OF T 11 E P A N A '-4 E S T V I Wi'i I A CORNMT I 91A , THE CORPORATI33, I A AT klio Ivisylu mAT AND X41UN T� ME To WE Tfil nasom E D 'f li I VIT-2 I R 11 ST?llumi3T 012 H 14 -ALF Of SAID [Cape %0 109 AH) T i I C K 0 W L � D G I D TO ME 1RAT S 0 C 2 CORPRATICH EXECITED 7 suil. C ri il I S S 10 ;gl 49 IS 7�K S 5 M Y ',R A 1 D A )l 0 1 C I A L S I 4 0 T A Z Y 9 6 L I I IN MID iR, SAID COUNTY A0 �TAT i F T E kNTEMOSO U252, 1--f LOT A POR ,�7 sa mAw WOHEV ER, TO AM SWbElWEN-11 APPURINENA0,4T To EACH 01: THE LOT'�, KITRIN T�Ar-- T---7ACT 'r -OR PIER)M -VtC ;S OP -T -A- c)os 6 c- ;L Lo NRPqr.-�5 CW R PDA L "( I W �1'tr ES C- T 'A E 4- 1\� T M S G U L 4!,4 E A 0 L I WE A N 0 T �4 E Pit S 1.7. A F- A 0 L i N i -A 4D O�4 TWE TMACT MAP C-ONTIGUOUS TO EAC9 L -GT. I L01 2)— A 7 LOT C — P-01-2 1-40,ADIZ,�CA PONC, A90 -.1G-4,041C VISTA PU PA2-V-lWC, ANWO 9,,3!wA-lE 01EACH FURPOSS-a- 6 �-0,7 FOR PURILIC PARK PUPtPO ES, 716, bk -SAC-) V-4A'UTSUA&,lr-S ?L;';zPos. AND 'SCENIC VIFBT?� PURPC'alSS- WL-( 7-ou bAYSIDS (R;E:L0CA7S-6)j 4 , 04�, 30 YC bxrs S, cb ttz I v a n 1 KI D [r- X MAP C- I r- 17 M r A r7 I h I MO S CA LE GRA,NT OF EASENCEET mHE CITY* OF NEWPORT BEACH, a municipal corporation L organiz-ed under -the laas of -the State of California, hereby grants to THE IRVINE COMPANY, a West Virginia corpora -Lion, an eXclusive easement, together with the right to grant and transfer same, for pier mooring, and maintenance purposes, over real property situated in the City of Newport Beach, County of Orange, State of California, described as follows: . Thatportion of Lot A, in Tract No. 3867., in the City of Ne-oTport Beach, County of Orange, State of California, as per map recorded in Book 301, pages 40 to 46 inclusive of kliscel-laneous Maps, located on the westerly, southwesterly and southerly portion of said Lot Al lying between the Pierhead 'Line and the boundary lines of Lots 1 to 45 inclusive, together with -that portion located on the north- easterly and northerly portion of said Lo"t A, lying between said pierhead line and the boundary lines of Lots 46 to 61 inclusive, as sho�,,-n on said rotap of Tract No. 3867. IN WITNESS �ATETEEEREOF, said municipal corporation has caused its corporate name and seal to be affixed hereto and this instrumcDnt to be exlecuted by its Mayor and City Clerk thereunto duly authorized. DATED: CITY OF NEWPORT BEACH By: Mayor ATTEST-.� STATI_!, O -F CALIFOlUlIA ) City Cler'j,-,. County of Orange ss On 1972, beforte me, -the undersigna(H, a 1�fot-.ary P,,)blic i n za nn d id State, personally appeared FA DONA1,D A. McIN,1TIS, known to m_- -to De the 14ayor, and LAURA LAGIOS, R�no-i.vn.to me to be city Clerk of the municipal corporation that executed -the within instrument, known to me to be the persons executed t'he within instrument on behalf of -the municipal corpora -Lion therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to a resolution of its CitY COUTICil. WITNESS my hand and official seal Notary Public in and for said State T) 11,�_COROFNG REQUESTED BY AND WHEN RECORDED MAIL TO [_-.CHE IRVINE COMPANY Name 610 Newport Center Drive Newport Beach, CA 92660 Addr.&) city Attn.- Linda Alperstein s!"to L SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO F Name THE IRVINE COMPANY Street 610 Newport Center Drive Address Newport Beach, CA 92660 City & ""' [—Attn: David Kuhn - TO 406 CA (7-63) CorDorationGrant Deed I 'HIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY D.T.T. S FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, municipal THE CITY OFNEWPORT BEACH a/corporation' organized under the Idws of the state of hereby GRANTS to THE -IRVINE COMPANY, a West Virginia corporation the following described real property in the City of Newport Beach County of Orange , State of California: AN EXCLUSIVE EASEMENT, TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER SAME, FOR PIER MOORING, AND MAINTENANCE PURPOSES OVER THAT PORTION OF LOT A, IN TRACT NO. 3867, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE., STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 301, PAGES 40 TO 46 INCLUSIVE OF MISCELLANEOUS MAPS, LOCATED ON THE WESTERLY, SOUTHWESTERLY AND SOUTHERLY PORTION OF SAID LOT A5 LYING BETWEEN THE PIERHEAD LINE AND THE BOUNDARY LINES OF LOTS 1 TO 45 INCLUSIVE, TOGETHER WITH THAT PORTION LOCATED ON THE NORTHEASTERLY AND NORTHERLY PORTION OF SAID LOT A, LYING BETWEEN SAID PIERHEAD LINE AND THE -,,.Q,OUNDARY LINES OF LOTS 46 TO 61 INCLUSIVE, AS SHOWN ON SAID MAP OF TRACT NO. 3867. In Witness Wbereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- inent to be executed bv its __—J -resident and Secretary thereunto duly authorized. Dated: STATE OF CALIFORNIA SS. By-- President COUNTY OF On before me, the under- By - signed, a Notary Public in and for said State, personally appeared Secretary known to me to be the— President, and known to me to be —Secretary of the Corporation that executed the ividii n JuStVuraent, known to me to be the persons who executed the Ivithi 'I Jnstrument oil hchalf (If the Corporation therein named, and ac.knowfedl--d to me that sucli Corporation executed the within Tnstru ment pur�ivant in its by-)aws or a resolution of its board of directors. WITNESS my hand and official seal. Signature Title Order No Name (Typed or Printed) or Loan N (Thk aiea for offirial not-jal ,,val) MAIL TAX STATEMENTS AS DIRECTED ABOVE RESO'[=ION NO - A 1ZESOLUTION OF TIDE CITY COUNCIL OF THIE. CITY 0-'c.T' 1,-q'EW1-,`OP-,.'-P BEACH 2�'-0iTHORIZT�-TG THE EXECUTION, 0JF A GRANT b -P, EASE"L.-LEINT TO THE IRVIN�E, COMPANi-y FOR PIER M'OOaLl-k-J�,- A -,%TD T�NIITENANTCE --L)U POSES -�N jR CO'N:NECTIO--L\T WIT11 TIRACT --N10, 3867 ��!'JIHEPLCAS, or) June- 29, 1-972, ri�rlie Irvine Company recorded -P-I-nal- 1,11--D-0 of Tract No. 3867 in the Office of the Orange County I R, I z -,corder; andt NHEREAS, said rLap contained a note ti-Lat LoL A (the Bay) was to be used for public wate-r navigation subjec-1-- I- I- L-0 an easement t a-opurtenan'C- to each of the bayfront lots for Pier Purposes; and TI�IHEREAS,l Title Insurance and Trust Co-mpany advises tilat said note did not. technically acco-u�plish the intended reservation by The -11-rvine Co-mpany of the easeiments for pier purposes adjacent to each of the I.,ettered lots; and VVETEREAS, the City Council wishes to clarify this a-)oare-Int a!��biguity by granting to The Irvine Company an easement - A - mooring anc! maintenance purposes, -)ve,r Lo'� A for pier i L- N0�1., TUE=FORE, BEE IT RESOLVEED by the Ci- Council- of L -y L. J- -e City of Ne%�,-part Beach that the Ma.yor and C-ity Clerk. are -tuthori2ed and directed to execute a grant of easement conveying L L- o TA�a Irvine Cosr.,ipany an easemenl-_ for pier mooring and maint-enance TUIUTLMOIS('-�s 0V2r real prop-ex-ty described as foil L 0 W S U J- L- .1 -[1 That portion of Lot A, in Tract No. 3,367 ii t). e city of '-N,e�,-rport Beach, Count- of O.cange, StaLe of California, z as per Majo recorded. in Book 301, p ages 40 to 46 inclusive oF P-Ji-scellaneous J.'4aps, located on the westerly, soutlh,�Vest-erly and southerly portion c -C said Lot A, lying between the Pierhead lin-- a:ncl the boundary lines o.-11' Lots I to 45 m I,., S 4 V E� , c -L to-geLher -,,-74.th that pol-tion located on t -he north- easterly an: -1 -1-lortherly Portion of said Lot A, lying 'between said pierhead li-t,)e and the 1),ounC-71,ary lines of Lots 46 t -o 61 il-�ClU,34Ve, -LS t NTo� -31867. , ..L C Shmm on said Map of Trac 7 ADO.""'RID t -his day ol. i-,"ovembe.-r-, 1972. 'JU 1-1, . L - J. y 3 01-7 2 /Y/ 7 4 - CITY OF NEWPORT BEACH Office of CITY ATTORNEY To- The Honorable Mavor and November 13, 1972 Members of the City Council From: City Attorney Subject Grant of Easement for Pier Moorings (Promontory Bav) On June 29, 1972, the Final Map of Tract No. 3867 (Promontory Bay) oias recorded in the Office of -the Orange County Recorder. The map contained a note that the Day was being dedicated for public water navigation purposes, subject'to an easement appurtenant to each of the bayfront lots for pier purposes.. Title Insurance and Trust Company, the title company, has informed The Irvine Company that the language used for the dedication of� the Bay on the recorded tract map was too vague and did not accom- plish -the intended re,sorvation. To clear up this apparent ambiguity, T.I. and The Irvine Company have requested that the City execute a grant of easement for pier mooring and maintenance purposes over a small area,of the Bay cont-iguous to each of the adjacent lots. The attached resolution authorizes the Mayor and City Clerk to execute the subject easement on behalf of the.City. Z;8NNIS O'NEIL City Attorney D QN: Irth CC: Citv Clerk Pub liC T 07orks Director CITY OF f!"r "'IPORT BEACH HARBOR AND TIDELANDS DIVISION May 19, 1972 Q TO: CITY 'I"LANAGER FROM: Harbor and Tidelands Administrator -IONTORY SAY PERMITS S U "D J rEC T P R,),� You requested that 1 provide you Information relative -to the permi t. for dred9i.ng and bulkheading Promontory Bay. LL)F I n D a c esra b e r 1969, prior to Planning Commission action on the e -n+lre project, The irvine Company provided basic data relative to dredgi ng. and bulkheading the proposed bay. These data were transmitted to the ty Control Board, the Los Angeles District Corps, Regional 1-11ater QUal i L olf Engineers, and the Director of the Harbor District for preliminary inforimation with a reaue3t that thos-- agencies advise me if more infor- m was d�--ired.. f1he Corps of Engine�-2rs and the Harbor District were specifically advised of concern over water quality and the possible impacl., on beaches near the proposed bay and the 'Water Quality Board vias asked for reco-mime�idations pertaining to conditions that might. be imposed, if any. In January 1970, the Corps replied that the formal aoDlication, when submitted, would require their review of tidal exchanges for posslabb pollution problems, and for impact on beaci-.es and the liorth Balboa Channel. In Febru--ry 1970, The lrvin6 Company for-nally applied, for a Pa m,,it from, both tha City and the Corps of Engineers. In that sarse month., the Joint Harbor Committee aDDroved the Dro,4f ect in concept subject to other 'iy (rciaster plan a-mandments, use permits, etc.). actions being taken by the C1 In April 1970, the Corps of Engineers adivised t�at they had receiyed no adverse cc,--ments or objections from any interested State or Federal agency and that a permflt would be issued only after the Corps was advised of the City's position. Also in 'April, the Joint Harbor tee approved the project after hearing a verbal report fron-the Harbor C o.-, mi. i t L 1. . I ;, -.y Public Nlcr�.s Depart,91a -1 District Engineers and a -report that the Cit nt had reviewed the engineering and -had no objections.' Jlt its abpro-Viils the Joint Harbor Coniani ttee conditioned the pemi it that "the applicant. must 'Lake pre- cautions against creating excess turbidity." In April, the Corps was advised that the Cit -y had no object - ion at that time to issuance of a Corps permiit proyiding the Corps was assured that 'there would be no water quality or beach 2rosion proble:rs. - 2 - In May 1970, the Cos-ps issued a permit conditioned as follows: "That-tha parmittee shall comply promptly with any regulations, con-ditions, or i�structio'ns affecting the worik- hC-reby authorized if any when issued by the Federal ter Pollution Control Ad-,iAnistration and/or the State water pollution control agency having jurisdiction to abate or prevent water pollution." A portion of tl-h2 Corps per -mit was a letter of March 1970 to the Corps frcm the, State Resources Agency which reported that eight State epa.tm;e,,�its had revie�Wed the :application and that the State bad no objections but that "all de -watering operations shall be done in a manner to preven-116- flulsar,co; or uf1s-1Q_htlinesS,, and that if it is proposed that discharges frcn. � I de,watering operations will be to the waters o.f the S -tate, in this case to Nedport Bay, -hen the pro-popent is requested to file a report of waste 6 L discharge with 'L�e Califo�nia Regional Water Quality Control Board, Santa Ana Region. The Department of Fish and Ga.me notes that this project will Incr--ase the habitaL available to fish and wildlife, and recommends -that ti'12 following pre-autiMlary rneasures be taken: All excavated material will , - Mzed in a r1anner, that Will riot significantly increase be disposed oi: and stabi -the Siltation into, or tturbid-ity of, the waters of the State. For purposes of Ithis pe—)�,Iit the rcaximui-,? a-mOUDt of settleable solids allc-.�,iable shall be one rnilligrZm per liter pair �our (1mg/l/i r) F-;­asur.--d where runoff -watfler enters �' the State; no petroleum products shall be disposed of in the aaters of- L P excavated area; and alal constructio.-i 'e�lri - will be removed from thl-�- e^-cavaited c � area pi-lor to opEning the are to Nl&wport Bay." in August 19709 the City Council approved the pem.it citing the requirenents for the Corps pennit and the Resources Agency. In Decamber 1971, The Irvine Commpany filed a request for waste 11scharce oDeration) wilth the Regional 'ilater Quality Control a . LU oard. After requiring an alternate contingency plan, the Executive Officer of the Eluard in January 1972 authorized The Irvine Ccmpany to proceed ad'hering to the following requircamerts: no discharge if s u ch waters contain visible Solids, debris, oil or scum. "2. The waters of 'Newport Bay shall not be depressed In .dissolved oxygen . . . below a level of 5.0 r.P,911. U3. shall not contain sulfides greater than 0.1 rqg/l. "49 . � . Po nuisances." In folarch 1972, the full Water Quality Control Board confirmed the ExeCUtI111- Officer's action adding a require,-.,,,ent for chlorine control (less 'L�an 0.11 mg/] and a rrl-�quire;rent-1 for -a mioni'toring and reprrtlag progra-.Q.. 3 In April. 1972, The Irvine Company complied with the new regulations requiring applications for -permits under the National Refuse A%ct of 1899. The Regional Water Quality Board has been inspecting the . discharge operations. at. frequent intervals. To the best of my knowledge, The Irvine Ccmpany has been and is complying with discharge regulations except for one s)n9le event. The single exception was a limited sediment discharge which accured �-,,hen a Section of pipe vias changed and the new Section had dirt in i A. Th e Irvifle Ccmpany is planning controls so that there wi I I be nor Massive inrush or outflow of -water when the.bay is opened up to the main harbar. The background file is located in the Marine Safety Department. GEORGE M. CANIES G i' -,'D h cc. : X-ar-Ine Safety Director C01--fluni ty Devel ournent Director 1-1ty Atterney Robert S ry,--; r I ry i r, e Colmpany 17 01 CITY OF NEWPORT BEACH TO: MAYOR AND CITY COUNCIL FROM: Harbor & Tidelands Administrator SUBJECT: HARBOR PERMIT NO, 200-000 APPLICATION TO: August 10, 1970 ITEM NO. H-1 Dredge and bulkhead approximately an 11 acre lagoon, connected to the harbor with a 100 foot channel just east of Balboa' Yacht Basin for the purpose of developing an additional waterfront community. See attached drawing. APPT.TCANT- V, The Irvine Company RECOMMENDATION: Approve the application subject to the following conditi-ons: 1. Approval of the Corps of Engineers. (Corps of Engineers Permit .was issued on 20 May, 1970) 2., Approval of the Joint Harbor Committee. (Approved on 14 April, 1970.) 3. That the applicant observe precautions against creating excess turbidity as outlined in the State Resources Agency's letter of.25 March, 1970. 4. That the waterway, up to but not including the bulkhead, be dedicated to the City of Newport Beach. ' 5. That the bulkhead design be approved by the Public Works Director. 6. That there be no overhead wires or lines over the entrance -channel and that any underground utilities'in the water area .have a minimum of five feet'of soil cover. 7. That the Harbor and Tidelands Administrator and the Santa Ana River Basin Regional Water Quality Control Board be notified 48 hours in advance of opening the pro2osed chan.-nel to the main harbor. (21 *9- V L A - leo ) y"A Mayor and City Council 8/10/70 Pg. 2 DISCUSSION: A. The granting of a harbor permit is the final action required to initiate the dredging and -construction phase of the Promontory Bay project. B. All other necessary permits or approvals have been obtained from the Corps of Engineers and the Joint Harbor Committee. The Corps of Engineers, in.gran-t-ing a permit, coordinated with the State Resources Agency which in -turn coordinated with the following State departments and agencies: Department of Navigation & Ocean Development Department of,Parks and Recreation State Water Resources Control Board Department of Fish and Game Department of Public Health Department of Conservation Division oil Highways State Lands Division C. In ratifying the approval of the Joint Harbor Committee, the Orange County Harbor Commission recommended: 1. That the water area be dedicated to a public agency. Dedication of the wa'ter'area to the City is a recoinmended condition to the application. 2. That The Irvine Company be responsible for any maintenance dredging that might be required because of siltation from the adjacent, undeveloped uplands. This recommendation has not been included in the conditions because the Porter -Cologne Water Quality Control Act places the burden for sediment control on builders and developers. 3. That some level of responsibility should be placed on the developer -in the event the proposed bay causes beach erosion on Balboa Island. This recommendation has not been included in the conditions because engineering studies! reviewed by -the Corps of Engineers and -the City Public Works Department, indicate that erosion is improbable. The dedication of the waterway to the public also alters the situation. D. In approving the tentative tract 8 July, 1970, the City Council directed that the water area be edicate to the City. G. M. DAWES GMD/db Attachment 11 eel DIL )AA?, EAST ST JF�,ETTY TIDE SECTIOM s s 0 c - E E I 1.11 G I G APPLICATION M: I rt -6. 141a SECTION 6-6 TU RIVINE 0H VANY sso �IEVPUT UhTU DR, IVIIIIIII ss 0 c - E Ej kN I A �JN G 6 NY, THE ltV'NE SECTION 6-6 SS NEW P W CENTER DR. 9- T.S. C/I r rl IALbOA 6ZACO ISLAND re OA C E4)V DEL MAK VE�T VICINITY SKETCH JE Y EAST A ENV P IIAT bA-Y , CALIFOk9lX o I J�Tly 14 OT E. , SOUNDINbS APLE E�PKESSED Gpppl4i( SCALE - Was IN FEET AND DENOTE �DEPTHS, ki 16ELOW MEAN LOVER LOW WATEK. MA%IMUM WGE OF 71DE APPM. 10 FT. HAWK 1-114ES AVE. BF VINPOK i�NY. T ESTA.61-1514FD IN -THIS SECTION -101, le LULUEND + ss 0 c - E Ej kN I A �JN G 6 NY, THE ltV'NE SECTION 6-6 SS NEW P W CENTER DR. 9- T.S. 0 M A R, J. 1, it L_ 1, E: VA N G FeNow, American society of Civii EinginSer5 CONSULTENG ENGINEER ;213' 626-6219 CABILL OJAYELL July 15, 1969 T -vine Company 550 Newport Center Drive I Newport Beach, CaiilCornia 9 6 6 0 Attention. Mr. Charles Th I- Gentleznen: 621 SOUTH HOPE 5TREET, LOS ANCELES, CALIFOkNiA 90017 I hzve discussed very-briefflly with Mr. Thompson Irv;ne ,el T ­ornpany s plans to dredge and develop a srnall laaoon, which has "ean sclael-41aillcaLLy described in a by Raub, Bein, Frost & .Mssocla�es entitled "Proposed 1-1:romo'ntory Point Lag -,00n.11 This is L -o reco:,d comrneras I had after these brief discussions -and cursory exam.;natio-;ls of the RBF&A sketch. 'E'ssentially, the question. that has been d, Iscussed by 3%1r. -;-I ion-lp soil and Ime is whether or -not unacceptable water conditions M; be expected in the westerly reaches of '" g tbe proposed lacoon, or can Lt be d-eveloped with reasonable expectatioas that esthetic "'I not be inripaired and biolo.aical pollution will not be a Without detailed and tedious cornputations or a sophisticated model, no positive ans�,ver shoj:,ld be given, but relying on the Judge - rzient- and consideration 01 prevalent wind directions, and perhaps nnost iinportantly, 'the prevailing discipline that boat owners exercise ';- preventing waste discharrie fr.ozn boats into the bay at Newpo�­, I ILA. See no reason to antic ipate undue proble-nis if you do develop the pro,p,osed lagool'i. -igate any possib il 4 + 0 1 n it I ��y that 'Hushing of the lagoon would 00 3.1'ripaired by a too -restricted exit, to Balboa Island Nort-a Channel woi.,ld sugyest that the entra-ti-ce between the Channel and the -Dro- -oosed Pro-nno-utory Icloint Lagoon be dred�-led and rn aintained so that 11 W11, be a miniznurn of 1 000 square feet of cross-section at ',Aean Ilo,,yer Low Water tide stao-e. Yours very tr"' L 7, OMA. J. L'UIEVAN e SPLED-E Mr. George M. Dawes Harbor & Tidelands Administrator City of Newport Beach. 3300 Newport Boulevard Newport Beach, California 92660 Dear Mr. Dawes: 22 January 1970 A copy of the proposal to alter a portion of lower Newport Harbor. as outlined in your submission to Mr. Herron of this office, has been reviewed by the Coastal Engineering and Operations Branch. Mr. Herron discussed our preliminary findings with you in a telephone conversation on 15 January 1970. A detailed review will be given this pr9posal when your formal request for a navigation. permit is made. Our initial reaction is as follows: a. Tidal exchange of waters in the newly created bay should be studied to determine possible pollution effects. b. The effect of ebb tide currents from the proposed new entrance should be studied.to avoid any adverse erosion and/or shoaling effects on the banks of the.existing channel. c. It does not appear desirable to extend harbor lines into the proposed basin. d. A navigation permit will be required to connect the pro - posed basin and entrance channel to the existing navigation channel. At least 30 days should be allowed to process this permit request. If you desire further information on the proposal, please do not hesitate to canon us. Sincerely yours,, S. J. B LACK LTC, CE Deputy District Engineer February 4. 19TO District Engineer U.S. Army Corps of Engineers Post Office Box 2711 Los Angeles, Ca lifornia 90053 Dear Sir: On behalf of our client, The Irvine Company, we are hereby applying for a Navigation Permit for the purpose of dredging and constructing bulkheads in Promontory Bay, Newport Beach, California. The proposed bay extension is shoreward of the U.S. Bull -head Line and lies between U.S. Bulkhead Stations 101 and 200, as shown on the enclosed permit application sketch. We intend to excavate the area to the proposed project depth of -9 elevation in the dry and remove the material at the entrance only after all the dredging has been completed, thereby creating as little disturbance as possible to the existing Balboa Island North Channel. I have discussed this project with Mr. Wendell Reese of the Permit Section, and he has indicated that a detailed review will be given to this application vith regard to exchange of the newly created bay and the effect of ebb - tide currents from the proposed new entrance on the existing North Balboa Island Channel. If during this review you require any further detailed information on this proposed project, we will be more than happy to supply you with the information required. I have enclosed with this permit application one (1) reproducible copy of the permit sketch and.three (3) prints outlining the area of the work in red. Also enclosed is a copy of the Tentative Mapwhich gives more detail, for your use. As The Irvine Company is very anxious to begIn work on this project and your approval is req:uired before any construction can corm-ence, we would be most appreciative of anything you can do to ex-pedite the approval of this permit. Sincerely, ES )RA , BEM, FROST & ASSOCIATE Jack G. Raub Civil Engineer JGR/cem Enclosures cc:. Mr. Dave Kaylor, The Irvine Company February, 1970 City of Newport Beach 3300 Newport Boulevard Newport Beach, California Attention of: Mr. GeorM Daves,--Cj�X-Harbor Coordinator Gentlemen: On behalf of our client, The Irvine Company, and in accordraice with your standard requirements for the application of a Harbor Permit for new construction in the city of Newport Beach, we are hereby applying for a Harbor Permit to dredge and bulkhead the Promontory Bay development in the vicinity of Beacon Bay. At this time ve are unable to supply finished dredging and bulkheading plans, although we would like to receive a pernit contingent upon final approval of these construction drawings. We have applied to the U.S. Army Corps of Engineers for a Navigation Permit, and they are now reviewing it and setting it for public hearing. Enclosed with this application please find four (4) copies of the drawing indicating the new work which we propose, a check for $100 to cover the basic Harbor Permit fee and your harbor Permit application blank. Since we are seeking approval on the Tentative Map and Use Variance at this tine, we would appreciate it if this item could be included on the Harbor Agenda of Februaxy 10 at 11 a.m. If you have any questions or need any further information to consider this matter, please contact me. Sincerely, BEIN FROST &-ASSOCIATES L/Jack G. Raub Civil Eng;ineer JGR/cem Enclosures cc: �lr. Dave Kaylor, The Irvine Company February.10,, 1970, TO; Joint Harbor Committee FROM: City Harbor and Tidelands Admini` trator is SUBJECT: 'Harbor Application 200-00.0 APPLICATION TO: Dredge and bulkhead an 11 -acre lagoon, connected to the H E_ ar or with a*100 foot channel just east o� Balboa Yacht Basin, for the purpose of developing an additional waterfront commiinity. See attached drawing. APPLICANT: The Irvine Company SITUATION: A. This application is part of a series of actions required for the full development of the additional community. These actions, currently being coordinated by the City Planning Department, includef 1. A Master Plan Amendmentt- for changing of the Street and Highway Plan. 2'. A Use Permit.. 3. A Tentative Tract Map. 40 A study to determine the effect this development would have on the value of City property adjacent to Bayside Drive. A separate study by the City considering the pros - and cons of dedicating privately created waterways. 6. The basic Harbor Permit plus incremental additional requestsas the proposal develops'.. B. The.present request is for dredging and bulkheading only, but further applications will have to be made for the detailed bulkheading ,plan and for proposed dock and slip facilities. Requests for private residential slips and �loats would be the responsibility of individual waterfront residents in accordance with an overall plan to be proposed by -the -Irvine Company. C. A Corps of Engineers permit is necessary and has been applied'for. The Corps ha's already advised me that a detailed review will be given the request to include: 1. Tidal exchange to determine possible pollution effects. 2. Ebb tide currents to determine if there are adverse erosion or shoaling effects on the banks of the existing channel. -00 Harbor Application 200 0. 2/10/70 2 The Corps has further stated that it does not appear desirable to extend harbor lines into the proposed basin.. D. The Director� of the Harbor District have expressed similar interests in water quality, water circulation and erosion Of the banks of the existing channel. Hefurther feels that consi- deration.should be given to: 1. Responsibility for maintenance of basin project depths. .2. Establishment of pier permit areas for individual.' lots. 3 -for ...Dedication of water areas to a public agency enforcement. E. Any approval of the Harbor Application at this time would have to be.j in essence, an approval in concept and would have to be subject to: 1. Approval of the Corp.s of Engineers'. 2. Approval of the.City of Newport Bqach, which would imply approval of other concurrent actions by the City. F. -Other conditions that could be considered -are*. 1. Dedication of the waterway.. 2'. Maintenance Responsibilities�. 3. Public right of entry. 4. Engineering parameters. 5. - Pier -permit areas.' ..G. Me-DAWES G14D/db DATE20�4U9 11 9 SU BJ CHKD. DATE - - ----------- - 7 74 �/ ------ i:: �zz Z _: 2 f/4 7 7' :5. -5Pe, ex:, g:::) Cn/ 7, 4`7 17-2 /'5p'::7e C::"7/ '::�>74 - SHEET NO.----/ ----- OF -0 ---- JOBNO ----------- ------------------ C�- 5>c) ?/., -1-7,C> W--Ve- ZIII�1�2 741dC 42'75 a,06-11? 11::2 v e / L-4, k/ K"Ce'? CL.1",77) / .5 1 :::,C--> 74 7.3 74 ly L000l (34 By'le.��-,x-9 ..... \DATF-Z2.4".,76.qSU13JEC:T.-/ SHEET NO.. -.4;f CHKD. BY ........... DATE --------------- --------- JOB NO -------- - . .................. -------- — --------- - --- - --- - ----------------- - ----------------------- --------------- - --- - ------------ - ------- <0 4', Ld I Idl-CC56, CD X, /CC),) 4e. ,0,-nexe� C=5; 1=4/LF 71— CALj. 0i.i.iiA Depurlin -.t �r i �—i oi.. .nd Wolurcroft Departm-nt cf F�,;' . i� Pecreation r Doporlmunt of '%Vc.:— %.--uicc5 THE RESOURCES AGIENCY OF CALIFORNIA SACRAMENTO, CALIFOW,411A MNAR225qj70 Dist rict Engineer S , Army Corps of Engineers L,.��s ".ngeles District L 0. Box 2711 Los 1--1%ngeles, California 90053 State Review and Comment Public Notice No. 4 - Proposed dredging and clonstruction of concrete bulkhead, Newport Beach, Orange County 1416 -�L�Trk STxL�-.' 9�581-; Air Resources BoDrc; Colorado Ri,,er Board State Lands Cornin;ssion C)Mce of Auclear Energy Slate Reclamation Board Regional Water Quality Control Boards Slato Water Resource& Control Board Dear Sir: 'C kilis Is 'o advise that your Public Notice No. 4 regarding a permit application by The Irvine Company has been coordinated with the z 'ollowing State agencies for the purpose of review and -comment: Department of Navigation and Ocean Development .Department of Parks and Recreation State Water Resources Control Board Los Angeles Regional WQG Board Department of Fish and Game Wildlife Conservation Board Department of Public Health Department of Conservation Division of Highways State Lands Division j�-,e State Water Resources Control Board recommends that all dewatering o,)erations shall be done in a manner to prevent nuisance of unsightli- '-;-'ss� a.-ld that 11' it is proposed that discharges from dewatering opera ,,ons will be to waters of the State, in this,case.to Newport Bay, then zi-ie proponent is requested to file a report of waste discharge with the California Regional Water Quality Control Board.4 Santa Ana Region. .. ........ "7 ------ District Engineer P. 2 Public Notice 1�o. 4 T e Department of Fish and Game notes that this project will increase the�l-,abitat available to fish and wildlife, and recori-imends that the following precautionary measures be taken: AH excavated material will be (,'IsPosed of and stabilized in a manner that will not significantly incre'�Qse the siltation into, or turbidity of, the waters of the States For purposes of this permit the maximum amount of settleable solids allowable shall be one milligram per liter per hour (I mg1l1hr.) measured ers waters of the State; no petroleum products shall t re runof water ent be disposed of in the excavated area; and all construction debris will be removed from the excavated area prior to opening the area to Newport Bay, The applicant being advised of the above coninents and requirements by 6 . istribution of this letter as indicated below, and trusting that they will be complied with, the State of California interposes no objection - to your issuance of the permit requested. Sincerely yours, FORD B. FORD Ford B. Ford Assistant Secretary for Resources cc: Department of Navigation and Ocean Development State Water Resources Control Board Los Angeles Regional WQC Board Department of Fish and Game ..Department of Conservation Division of Highways State Lands Division South Pacific Division Applicant The Irvine Company RESOUECE.') CAUFOMNIA 1416 1141;�T,i STxZLT, 9531 Air Resourc- Bo.-ard �:.-n C.n�i Gum, Colorado Ri�er Board DCPL;r I ri—i t o.' r -d Wolurcraft State Lands Commission -­nr cf `�i: ,,creation CMce of Aucleur Energy Oopaoi j�%: I' 0oporlmunt f —vices State Reclamation Board Regional Water Quality Control Boards T H &E RESOURCES' AGLENCY OF CALIFORNIA State Water Resources Control Board SACRAMENTO, CALIFORNIA MT1, RZ 25 �j 970 Istrict Engineer Is Army Corps of Engineers os -'.rgeles District 0. Box 2711 Los Angeles, California 90053 State Review and Comment: Public Notice No. 4 - Proposed dredging and construction of concrete bulkhead,, Newport Beach, Orange County Dea.r S i r: b -;Js is to advise that your Public Notice No. 4 regarding a permit application by The Irvine Company has been coordinated with the following State agencies for the purpose of review and,comment: Department of Navigation and Ocean Development .Department of Parks and Recreation State Water Resources Control Board Los Angeles Regional WQC Board Department of Fish and Game Wildlife Conservation Board� Department of Public Health Department of Conservation Division of Highways State Lands Division :,c State I -later Resources Control Board recommends that all dewatering operations shall be done in a manner to prevent nuisance of unsightli- i-,ass, and that if it is proposed 'that discharges from dewatering opera- -,�ions will be to waters of the State, in this.case to -Newport Bay, then 'Zille-proponent is requested to file a report of waste discharge with the California Regional Water Quality Control Board.,"'Santa Ana,Region. .... .... . ... ...... .. .. District Engineer P. 2 Pub I i c Not ice No. 4. The Dcpartj-,�,ent of Fish and Game notes that this project will increase t 1-e�habltat available to fish and wildlife, and recommiends that the following precautionary measures be taken: Ail excavated material will be disposed of and stabilized in a manner that will not significantly increase the siltation into, or turbidity of, the waters of the State ,-or purposes of this permit the maximum amount of settleable solids allowable shall be one milligram per liter per hour (I m9111hr.) measured �-.lnere runoff water enters waters of the State; no petroleum products shall be disposed of in the excavated area; and all construction debris will be reimoved from the excavated area prior,to opening the area to Newport Bay. The- applicant being advised of -the above comments and requirements by distribution of this letter as indicated below, and trusting that they will be complied with,the State of California interposes no objection to your issuance of the permit requested. Sincerely yours, r� ORD 13. FORD Ford B. Ford Assistant Secretary for Resources cc: Departmient of Navigation and Ocean Development State Water Resources Control Board Los Angeles Regional 14QC Board ,Department of Fish and Game Department of Conservation Division of Highways State Lands Division South Pacific Division, Applicant The Irvine Company NEWPORT BEACH CALIFORNIA city Hall 3300 Newport Blvd. (714) 673-2110 March 21, 1973 Mr. Kenneth Sampson, Director Harbors, Beaches and Parks District County of Orange 1901 Bayside Drive Newport Beach, California 92662 Attention: Mr. Larry M. Leaman, Chief of Operations Dear Mr. Sampson: This is in answer to your letter dated March 16, 1973 wherein you requested, on behalf of the Joint Harbor Committee, an opinion from this office on legal responsibility for any pos- sible damage to public or private property resulting from the tidal flow into and out of Promontory Bay. Generally, in this instance and in the absence of a mistake or defect in the design or construction of the project, the City would be responsible for any resultant damages caused by the tidal flow emanating from the Promontory Bay area. Unfortunately, there is no exact means,. without the availability of a model testing basin, for determining potential adverse ef- fects which could result from the tidal action flowing into and out of Promontory Bay. The developer's engineers and experts addressed themselves to this concern, and based on their best technical knowledge and research it was determined to the City's satisfaction that the potential beach erosion or debris problems caused by the project were remote. Had this been a concern, the City perhaps could have required an indemnity agreement from the developer at the time the various permits and maps re- quired in connection with the project were approved. In June of 1972 the waterways were dedicated to and accepted by the City. Accordingly, the City assumed the responsibility for the maintenance and control of any accumulation of debris, or beach erosion, caused by the construction of the project. The City has a beach erosion control program which monitors and keeps these types of problems in check. Mr. Kenneth Sampson -2- March 21, 1973 If significant erosion does occur which can be directly related to the Promontory Bay project, the developer may be held liable on a theory of implied warranty. However, it would have to be shown that the construction did not conform to the approved de- sign or that certain basic assumptions as I represented were, in fact, incorrect. I trust that the foregoing answers the question raised by the Joint Harbor Committee. However, should you require additional information, please let me know and I will attempt to respond further. Very truly yours DENNIS O'NEIL City Attorney DON dm CC: City Council /ity Manager MZ Marine Safety Director Public Works Director e November 6. 1972 MRINE SAFETY DEPARTMENT 70 Newport Pier TO: MARINE SAFETY DIRECTOR FROM: D. Harshbarc$er, Captain SUBJECT: PROMONTORY ZA'� - cHmNEL OPENING PLAN Bob: For your information,, attached are two memo's from (1) David B. Kuhn, Project IManager for Promontory Bav, and (2) Mr. A. D, Peiihall, Ilarine Contractor -for' the" Proo montory project* The memo's outline the steps t-liat are proposed in the opening of Promontory Bay. I will distribute these memols per your requests. D. Harshbarger,, Captain D11: lf MARINt SAP.'ETY COPY RESOLUTION NO. 7874 A RESOLUTION OF THE CITY COUNCIL OF THE CITY -AUTHORIZING THE EXECUTION OF NEWPORT BEACH OF A GRANT OF EASEMENT TO THE IRVINE COMPANY FOR PIER MOORING AND MAINTENANCE PURPOSES IN CONNECTION WITH TRACT NO. 3867 WHEREAS, on June 29, 1972, The Irvine Company recorded the Final Map of Tract No. 3867 in the Office of the Orange County Recorder; and WHEREAS, said map contained a note that Lot A (the Bay) was.to'be used for public water navigation subject to an easement appurtenant.to,each of the bayfront lots for pier purposes; and WHEREAS,'�Title Insurance and Trust Company advises that said note did not technically accomplish the intended reservation by The Irvine Company of the easements for pier purposes adjacent to -each of the lettered lots; and WHEREAS, the City Council wishes to clarify this apparent ambiguity by granting to The Irvine Company an easement over Lot A for pier mooring and maintenance purposes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Mayor and City Clerk are July 16, 1976 7-0. 7XY /JC*S7—,.Vd" aAPAC MARINE DEPARTMENT a TO: MAYOR AND CITY COUNCIL FROM: Marine Director ITEM NO.: G-6 SUBJECT: THREE MILE PER HOUR SPEED LIMIT - PROMONTORY BAY Recommendati-on If desired, direct the City Attorney to prepare the necessary ordinance. Discussion The Board of Directors of the Promontory Bay Community Association have,,requested by letter dated June 21, 1976 (attached),, that the speed limit within Promontory Bay be reduced from five miles per hour to three miles per hour. The speed limit reduction is proposed for the following reasons: 1. Wake Damage: Certain types of vessels at five miles per hour have caused minor float damage. Promontory Bay is completely bulkheaded and wakes tend to rebound in this confined zone. 2. Safety: During the summer months, children use the bay for swimming. The narrow entrance channel, leading into the bay leaves little room for a vessel to avert a swimmer near or just inside the entrance channel. 3. Enforcement: The Orange County Sheriff Department, Harbor Patrol Bureau do not patrol these channels as frequentlyas the more heavily used main channels, thus there is a I tendency for sightseers to push the existing five mile,per Spur speed limit. Promontory Bay is a dedicated City waterway. In discus"ng the sl proposed speed limit change with the orange County Sheriff's Department, Harbor Patrol Bureau,, the Assistant Harbor Master PAGE 2 PROMONTORY BAY has indicated that their division has no objections to the request if it is approved by City Ordinance and subsequent County Ordinance, if necessary. '4� �.A' / 4�� 1 IV t -l/ D. Harshbarger, Director Marine Department DH:ll Attachment G. W. MCCLELLAN JR.,, D.D.S., INC. ARTHUR B. PARKINS, D.D.S. 1879 NEWPORT BOULEVARD COSTA MESA, CALIFORNIA 92627 (714) 645-6631 June 21, 1976 . Mr. David Harshbarger Assistant Director: Tidelands City of Newport Beach 3300 Newport Boulevard NT ewport Beach, California 92663 Dear Dave: I'm writing this letter at the direction of the Board of Directors of the Promontory Bay Community Association pursuant to our phone conver- sations of this day. I appreciate your swift and attentive reply to my questions concerning reduction of boat speed ligits in Promontory Bay. As I mentioned during our conversation this morning the Association app- ointed me to inquire which path would be most appropriate for our Assoc- iation to take in changing the waterway speed liniLt from five M.P.H. to three M.P.H. As per your suggestion Itm writing this letter to state', the Associations' position. The intention here is to give your office adequate information to enable you, in conjunction with the City Attorney, to write an ordinance for submission to the City Council'lowering the speed limit from five M.P.H. The following three points are most prom- inent in our request for a reduced waterway speed lifLit; 1. The wake from certain types of boats (heavily laden,outboards and outdrives) is sufficient to cause cracking of concrete docks even when the five M.P.H. speed limit appears to be observed. 2. During the summer months small children often use the bay for swimming, surf mat riding, paddle boarding, and sailing. 3. Due to its rather "off the beaten path" location the Harbor Patrol infrequently patrols the bay. For this reason weekend excursionists feel secure to violate the posted 5 M.P.H. speed limit by a seemingly innocent knot or two. In order to put the above stated items in proper prespective it must be noted that we in Promontory Bay have a unique problem in that portions of the bay are particularly narrow and that wave action (cross -bouncing off sea walls then back again) often continues for several minutes following passage of the offending boat. Boats often come charging around the corner which constitutes the entrance to the bay at an estimated six to nine knots or faster. This is the narrowest portion of the bay and is a blind sixty degree turn. Children often swim in this area. This speed combined with the narrowness of the channel leaves little'running room for a boater (probably not paying adequate attention)tto avert a swimmer. G. W. MCCLELLAN JR., D.D.S., INC. ARTHUR B. PARKINS, D.D.S. 1879 NEWPORT BOULEVARD COSTA MESA, CALIFORNIA 92627 (714) 645-6631 2. Wakes caused by certain boats (the stern -heavy ones) which are observing the speed limit causes severe damage to docks in the narrower portions of the bay. Finally it is the position of the Board of the Association that a permanently posted 3 M.P.H. speed limit in Promontory Bay plus .a stenciled warning of "caution children swimming" or the like posted on the bulk -head at.the entrance to the channel will do much to slow down weekend boat traffic. We feel this change will improve the situation . to the extent that we will not have to demand increased patrols from the Harbor Patrol. We -stand ready to assist you in any way we can when you our prompt� a6�tibi on t S make your presentation,to the City Council. Yi matter is appreciated. Reaftl 3 G.W *cClellan, Jr, Vic resident: Promontory Bay Coiity, Association 14 I 7,p WE MiElf I ,&On, (MMI&M09 )UMD. LANDSCAPE ARCHITECTS / PLANNING CONSULTANTS 218 EAST BROADWAY ANAHEIM, CA 92805 - (714) 772-3110 3995 E. BAYSHORE RD. PALO ALTO, CA 94303 - (415) 969-3376 TO: Mr. Glen Weldon NeWport Beach M6rine Dept. Sent by: Mail #70 Balboa Blvd. TN Messenger Picked up Date: 4-21-75 Other Project: Promontory Bay We transmit: 10 copies each of Handrail Details Remarks: �.MCITITAIINIT-Wo, TO: EDMAYOR El COUNCIL MANAGER ASST. MGR. ADMIN. ASST. ATTORNEY CITY CLERK comm. ormv. FINANCE FIRE DATE -,Z ---------- ............. [:1 GEN. SERVICES 9 "RARY 9�t'MARINE SAFETY El PARKS & REC. -0 PERSONNEL El POLICE El PUBLIC WORKS PURCHASING TRAFFIC FOR: F] ACTION & DISPOSIT . ION FIL E INFORMATION 5LIV"EW & COMMENT UdkW. TU RN REMARKS: ............................................................................................................. ............................................... m .......................................................... ................................................................................... ....................... ........................................... 11 ........... ....................................................... ............. I ..................................... I - ........ ......................................... FROM ..... j .................. 9 ........... ......... LANDSCAPE ARCHITECTS / PLANNING CONSULTANTS �/—o W 218 EAST BROADWAY ANAHEIM, CA 92805 - (I (� 4 19 2 --3 �1 PALO ALTO, CA 94303 - (415) 9 3995 E. BAYSHORE RD. 15M �7E TO: Marine Department Date: 4-8-75 Project: Promontory Bay WNHS I AA 110[l Sent by Mail TC Messenger Picked up Other We transmit: 1 set of xerox copies showing Handrail atop Seawall. Remarks: For your use V I e7 e- 47 4r. �L) 0 !r n, , 0 �11 IJ , 'I I , '.4 -Y' 7,41V 4'—' 0 vo 'b Az AL- f 0 A- -2 on /*/,, , -/. 1 6.1 /-, / I z By: Tony (bacon A V?e�' I Q( -'e OCYLII 4�7 QVQ)Hygo ILD mummooBu M'MB' AS OF AMERICAN'SOCIETY OF LANDSCAPE ARCHITECT9 M 1A.1 BROADWAY. ANA HEIM. CALIFORNIA $2405 - TELEPHONE (7141 172-3110 DETAIL NO. SERIES OF DATE 04 k4 1� SHT. NO. OF CQ 'Q 61F -1 oy #4 VA WIN V1 CIO 'f � 1114 '' .. F 4z. YL 41 L 11U IL 06 "4 A I tzl -4r- MEMBERS OF AMERICAN SOCIETY Of LANO 9 CAPE ARCHITECTS It* EAST @ROADWAY. ANAHEIM. CAILIFOANIA 92865 - Trito.ofte 17.41 Im$too .4 wq- �vm 0 i HAHt-';PAoNlL—. - SHL NO. DETAIL NO- OF SERIES OF DATE -4-6-71 C; -j icz. qv 0'. A 0 pi IL Cl, Ilk Iv, as of JL1 77 fly t, �,4 0�j misA SHL NO. T- NO. *4--f QUOMMO TIMITIMM201\3 DETAIL NO. OF MEMOIRS Of AmtRICAN SOCIETY OF LANDSCAPE ARCHITECTS SERIES OF DATE4.08,-7 216 a A31 @*OADWAY, AMAHIIM CAUFOMA 12891 - VILIPHOME 11M ITE -1110 I COF �JD x,�r A, 4 0 CD co VA .04 /L N ,7T CD o— fu L ru i SHL NO. DETAIL NO. OF EMU. ME" BEN$ OF AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS SERIES OF DAT E -751 m .1. IAST *A0A0WA"".. C...IA .1 lftl[P.OM 111.1 112.3tti ol r -J, , A co WA 04 Of tMIS 4r -V� 10 It SHT. NO. �,k DETAIL NO. OF MCM11101 OF AMINICAN 80019TY OF tAMOSCAPI ARCHITECTS ERIES OF DATE 314 IA$V ORGADWAY. A�ANVM, CAUPORMIA 0189% - TILIPHOME (Tid) 172-3110 87 i At 1�jl vr�j IVW VA . Cf. od 44 .41 CD I It EmmilwL 14 744, 4o 4w SHT. NO. DETAIL NO. OF MEMBERS OF AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS SERIES OF J0 :AT o 210 EAST BROADWAY. ANAHEIM . CALIFORNIA 02095 - TELEPHONE OtIl) 771.2114 �Jl 11"t"i JFI Al re kll 04 VA r.r od All U deNiine properties inc, October 8, 1976 City of Newport Beach Marine Department 3300 Newport Blvd. Newport Beach, Calif. 92660 Re: Promontory Bay Community Association Bay Cleaning Dear Sir: In July of this year, we sent you a letter requesting information as to who is responsible for the cleaning of the rocks and rip -rap in the bay near Bayside Drive. Would you please contact this office as soon as possible so that we may report to the Board of Directors of the Association if you do, indeed, clean the bay,_or if we should contact another department of the -City. Thank you very much for your cooperation in this matter. Sincerely, DEVINE PROPERTIES, INC. Sam John J�egp Association Manager KE: ke 'k, cc: Board of Directors Promontory Bay Community.Association 2865 east coast highway, p.o. box 687, corona del mar, california 92625 (714) 675-7611 61 0 C) — V'�7 MARINE DEPARTMENT August 2, 1976 TO: P.B.& R. DIRECTOR FROM: Marine Department SUBJECT: DEBRIS ON PROMONTORY BAY Cal, As you may recall, I mentioned the problem of debris on the rocks in Promontory Bay to you a week or so ago. I believe you indicated you would have your people look at the situation. I received the attached letter today. Unless I hear from you, I will call Devine Properties and inform them that we will keep tabs on the situation and try to keep the area a little cleaner. 6en E. Welden Tidelands Administrator Marine Department GEW:ll deNine properties inc. City of Newport Beach Marine Department 3300 Newport Blvd. Newport Beach, California 92660 Re: Promontory Bay Community Association Bay Cleaning Dear Sir: I have been informed that the Marine Department of the City of Newport Beach is responsible for the cleaning of the rocks and rip -rap in the bay on Bayside Drive. This is part of the Promontory Bay Community Association. As the managing company for this Association, we have been asked to inquire as to whom is responsible for this cleaning. If your Department is responsible, would you please contact this office as to when the cleaning can be done. Thank you very much for your consideration in this matter. We will await your call. Sincerely, DEVINE PROPERTIES, INC. ' *,V- ' &,zez') Kathy Ler Association Secretary KE:ke 2865 east coast highway, p.o. box 687, corona del mar, california 92625 (714) 675-7611 MARINE DEPARTMENT July 16, 1976 TO: MAYOR AND CITY COUNCIL FROM: Marine Director ITEM NO.: G-6 SUBJECT: THREE MILE PER HOUR SPEED LIMIT - PROMONTORY BAY Recommendation If desired, direct the City Attorney to prepare the necessary ordinance. Discussion The Board of Directors of the Promontory Bay Community Association have,,requested by letter dated June 21, 1976 (attached), that the speed limit within Promontory Bay be reduced from five miles per hour to three miles per hour. The speed limit reduction is proposed for the following reasons: 1. Wake Damage: Certain types of vessels at five miles per hour have caused minor float damage. Promontory Bay is completely bulkheaded and wakes tend to rebound in this confined zone. 2. Safety: During the summer months, children use the bay for swimming. The narrow entrance channel, leading into the bay leaves little room for a vessel to avert a swimmer near or just inside the entrance channel. 3. Enforcement: The Orange County Sheriff Department, Harbor Patrol Bureau do not patrol these channels as frequentlyas the more heavily used main channels, thus there is a tendency for sightseers to push the existing five mile per hour speed limit. Promontory Bay is a dedicated City waterway. In discussing the proposed speed limit change with the orange County Sheriff's Department, Harbor Patrol Bureau, the Assistant Harbor Master ep PAGE 2 PROMONTORY BAY has indicated that their division has no objections to the request if it is approved by City Ordinance and subsequent County Ordinance, if necessary. D. Harshbarger, Director Marine Department DH: 11 Attachment G. W. MCCLELLAN JR., D.D.S., INC. ARTHUR B. PARKINS, D.D.S. 1879 NEWPORT BOULEVARD COSTA MESA, CALIFORNIA 92627 (714) 645-6631 , June 21, 1976 Mr. David Harshbarger Assistant Director: Tidelands Uity of Newport Beach 3300 Newport Boulevard T Newport Beach, California 92663 Dear Dave: I'm writing this letter at the direction of the Board of Directors of the Promontory Bay Community Association pursuant to our phone conver- sations of this day. I appreciate your swift and attentive reply to my questions concerning reduction of boat speed 1ii4its in Promontory Bay. As I mentioned during our conversation this morning the Association app- ointed me to inquire which path would be most appropriate for our Assoc- iation to take in changing the waterway speed linlit from five M.P.H. to three M.P.H. As per your suggestion I'm writing this letter to state' the Associations' position. The intention here is to give your office adequate information to enable you, in conjunction with the City Attorney, to write an ordinance for submission to the City Council lowering the speed limit from five M.P.H. The following three points are most prom- inent in our request for a reduced waterway speed li-Ait; 1. The wake from certain types of boats (heavily laden outboards and outdrives) is sufficient to cause cracking of concrete docks even when the five M.P.H. speed limit appears to be observed. 2. During the summer months small children often use the bay for swimming, surf mat riding, paddle boarding, and sailing. 3. Due to its rather "off the beaten path" location the Harbor Patrol infrequently patrols the bay. For this reason weekend excursionists feel secure to violate the posted 5 M.P.H. speed limit by a seemingly innocent knot or two. In order to put the above stated items in proper prespective it must be noted that we in Promontory Bay have a unique problem in that portions of the bay are particularly narrow and that wave action (cross -bouncing off sea walls then back again) often continues for several minutes following passage of the offending boat. Boats often come charging around the corner which constitutes the entrance to the bay at an estimated six to nine knots or faster. This is the narrowest portion of the bay and is a blind sixty degree turn. Children often swim in this area. This speed combined with the narrowness of the channel leaves little'running room for a boater (probably not paying adequate attention)tto avert a swimmer. G. W. MCCLELLAN JR., D.D.S., i.vC. ARTHUR B. PARKINS, D.D.S. 1879 NEWPORT BOULEVARD COSTA MESA, CALIFORNIA 92627 (714) 645-6631 2. Wakes caused by certain boats (the stern -heavy ones) which are observing the speed limit causes severe damage to docks in the narrower portions of the bay. Finally it is the position of the Board of the Association that a permanently posted 3 M.P.H. speed limit in Promontory Bay plus .a stenciled warning of "caution children swimming" or the like posted on the bulk -head at,the entrance to the channel will do much to slow down weekend boat traffic. We feel this change will improve the situation , to the extent that we will not have to demand increased patrols from the Harbor Patrol. We -stand ready to assist you in,any way we.can when you make your presentation.to the City Council.. Your prom�t:ael`tibii on this matter is appreciated. Res;661 t G.W JeClellan, Jr. Vic resident: Promontory Bay Coiity Association Ij CITY OF NEWPORT BEACH MARINE SAFETY DEPARTMENT RECORD OF ORAL INFORMATION From: In person Address: ,Z Telecon TO: Div. : 27—(f? SUBJECT: C-5-/1 - Outline of Information received F-25 , --given lel,:::3 '7ZIe- .1kao 0 -; �)o 0 No I i -. , . . INITO. DATE M.S. DIRECTOR ASST.DIRECTOR SECRETARY e, 71 n 7Z? ---f tu e r e 7 4,� e� or 10vef le'r 41e. e -.s el I/V e"I 0 Z,:/ 7 File: Date: - 5-- 7�('— S -7-1a /c, -S lhl",Iva e r r 4 hlov,,,,? /9 rA 7117 q /P 0 w -4,/ e Ala C, -S 7 104 61 /1/ ,/-7 eS e? C Xe ---o Action Required Person Responsible Date Due: COUNCILMEN ROLL CALL "'t CITY OF NEWPORT 3. 4. 197 BEACH MINUTES Resolution No. 8512 awarding a contract to Ted R. Jenkins Co., Inc. in connection with the 1974-75 Seal Coat Program, Contract No. 1699. (A report from the Public Works Director was presented.) The following communications were referred as in- dicated: Referred to Planning Commission for inclusion in on- going study, letters from Isabel Andrews Pease and James W. Ray regarding a proposed ordinance to create setbacks along Buck Gully. Referred to Planning Commission for inclusion in on- going study, letter from property owners on Mariners Mile submitting recommendations for Mariners Mile. Referred to staff for report back on June 23, petition bearing 50 signatures of citizens objecting to the "Pussycat" Theater in Balboa. Referred to staff for reply, letter bocker regarding a possible problem with the Promontory Bay seawalls. from C. B. Knicker- in connection Referred to Pending Legislation Committee, Resolution of Seal Beach supporting Assembly Bill 1604, which would provide for an annual appropriation of $3 Million from monies received by the State Lands, and applied to the General Fund to be distributed to coastal entities for reimbursement of beach -related costs. Referred to staff for study, letter from Bertha S. Staebler in regard to unsatisfactory directional signing for the municipal buildings on Jamboree Road. Referred to staff for reply, letter from Bonnie M. Rawlings protesting animals on the ocean beach. The following communications were referred to the City Clerk for filing and inclusion in the records: Letter from Fountain Valley stating that that City nominates Councilman Al Hollinden for reelection as one of the two cities' representatives to the Orange County Transit District Board of Directors. Letter from Orange County Health Planning Council enclosing a position paper on health systems agency designation. Letter from the State Attorney General's office enclosing a letter from the Secretary of Resources to Senator Beilenson indicating the administration's support of Senate Bill 368 which appropriates $3,481,000 to the Department of Fish and Game for the acquisition of coastal wetlands located in Upper Newport Bay. Volume 29 - Page 126 INDEX 1974-75 Seal Coat Program R-8512 Buck Gully Setbacks Mariners Mile Obscenity �Promontor Bay AB 1604 Jamboree Police Facility Dogs on Beaches 7 00 - Oo-O it- k e r.61 )stee P. 0. Box 98, Balboa Island, Ca. 92662 �01 No. Bayfront Phone 714 673-4247/673-0166 May 22,1975 City Council- A Cityof Newport Beach 3300 Newport Newport BeachIcalif 92661 Gentlemen: I wish to call your attention to what I believe is a very dangerous situation on our water front. I am referring to the wall on both sides of the entrance to Promontory Bay.If some one should happen to fallin even if he were a good swimmer he would have a difficult time sving himself. Soon after this bay was fvrmed there were ladders going down to a ledge but at low tide no one could,reach the ladders. .There has been at least one death in this channel.. How many more must die beforesomething is done about this hazardous situation? With the recent change in.command relative to policing the harbor I don't know where the responsi.bil.iy lies so I am sending a copy of this -letter to our'Board of Supervisors whogwith the exception of Ri.ley;I have no confidence, Yours., tru y# C.B.Knickerbocker 7S_ M TO: cy o r //>Y' 2 6 ce F,.7 0 - P. 0. Box 98, Balboa Island, Co. 92662 501 No. Bayfron, Phone 714 - 673-4247/673-0166 City Cj -ty of Newport In-aael-i Newport k's'ffPOrt ",!�ao.hv Calif IIP26-61 Gentlemens Vj;V 22ol975 I Wish to call your attewticia to Vnh�jt I baliovs, s a very dirZeroua "E'ituz.-tion on Our rxa,'%,-�nr an) relarrix vqzal on bothc ::'Ud.Q!� 01� entrams 4, px,O*.,,,j�)-.- � I to ev-:An if lie wNro a good A4 < A ho would haVe a tiLna 6v,,, iog 1-41mveLf,* -con aZter tilis bLV, wcs fm 40-4 jvjz�_ but a4; lnw t-,Uvtl� could r,�ach -4,ha 1"­dderz. to There ha -,i lrm-n at- least one i-11 this chan.,ael, I'low many ji�orn, Mjst ,3 A _ie is dca-a about th*S hazard0j,$ Si.,Mation? �-Uth the rec,:)nt jr, c, nd rc-Aatlma to K, the iharbor i don 6 t -rivri wiric---re the rosponsibiliy lJoa r4g) I a�.-,t a Copy 0: this le t.Iter to our lloard of SU'PerVISQ-rS W. . 60,,With excePtion of Rlley,l have -10 con1fidwice, Your- V r, ly C*:u Kni iterb I(VI Pacific development company LETTER OF TRANSMITTAL TO: CITY OF NEWPORT BEACH DATE: May 17, 1974 3300 Newport Blvd. Newport Beach ATTN: Glen Welden RE: CERTIFICATE OF COMPLIANCE - PROMONTORY BAY WE ARE SENDING: Plans ) Photographs Grading Plans Elevations ) Brochures Sketches Sections ) Plot Plans 'Copies Presentation Panels ) Originals (x Other THIS MATERIAL IS SENT FOR: Construction Use (XX) Information & Files Other Review As Requested Approval Preliminary COMMENTS: Enclosed is the copy of Certificate of Compliance from the California Coastal Zone Conservation Commission. BY: RICHARD PUTMAN ENGINEERING MANAGER mm /� 610 newport ceder drKe newport beach calffomia 92663 (714) 644-3165 RONALD REAGAN, Governor STATE OF CALIFORNIA CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION i� -)T REGION SOUTH COA, AL COMMISSION 666 E. OCEAN BOULEVARD, SUITE 3107 P. 0. BOX 1450 LONG BEACH, CALIFORNIA 90801 14 AY I G 19 (213) 436-4201 (714) 846-0648 CERTIFICATE OF COMPLIANCE IRVINE PACIFIUC' The California Coastal Zone Conservation Actq Section 5609 specifies that no structure or area of land or water shall be used or occupied in t he manner authorized by the permit or in any other manner until the Executive Director has issued a Certificate of Compliance with the terms and conditions of the permit. You are hereby notified that an inspection of your project authorized under Permit No. E-5-25-73-95 approved on was made on 1, lla.v 10, 1974 The following determination has been made: The work is considered complete and a Certificate of Compliance is issued for the entire approved project as authorized by permit. The authorized work is incomplete and the items listed below must be accomplished before a Certificate of Compliance can be issued for the entire project. nnpnq `er�R' tM. . J . ar e Executive Director By: John Q.. -King Date: PI -ay 10, 19`74 MARINE SAFETY DEPARTMENT 70 Newport Pier N December 27, 1973 TO: CHAIRMAN & MEMBERS OF THE JOINT HARBOR COMMITTEE FROM: Marine Safety Department SUBJECT: CANTILEVERED PATIO DECKS - PROMONTORY BAY On September 25, the Irvine Company asked the City Council to consider amending Section 29 (Patio Decks) of the Harbor Permit Policies to include Promontory Bay. The Council, at the,October 9 meeting referred the request to the staff and the Joint Harbor Committee for study and report back. The matter was brought to the Joint Harbor Committee by the Marine Safety Department on November 13. The Committee requested the sub- ject be reviewed at a Council Study Session. At the Council Study Session of December 10 The Irvine Company was advised to bring back to the Council, in writing, a method of placing responsibility on each property owner for 1) debris,control and 2) maintenance dredging for the zone between the established Bulkhead and Pierhead Lines. Following deliberation between the staff and The Irvine Company, it was determined that conditioning each harbor permit with the above mentioned two conditions would accomplish Council's request. On December 17, the staff reported back to the Council with the subject proposal. At their regular meeting the evening of the 17th, the City Council approved amending Section 29 of the Harbor Permit Policies to include Promontory Bay subject to each harbor permit in Promontory Bay being conditioned to include debris control and maintenancedredging. Section 31 will be added to the Harbor Permit Policies and will read as follows: Page Two 31. Promontory Bay 1. The permittee shall be responsible and maintain the area delineated on the harbor permit free and clear from floating rubbish, debris or litter at all times. 2. The permittee shall be responsible for all maintenance dredging, in accordance with the design profile for Promontory Bay, for the area between the Bulkhead line and Pierhead line as delineated by the harbor permit. R. E. REED, DIRECTOR D. Harshbarger, Captain Marine Safety Department DH: GEW: 1 f MARINE SAFETY DEPARTMENT 70 Newport Pier December l3f 1973. TO CITY MANAGER FROM: Marine Safety Department SUBJECT: CANTILEVERED PATIO DECKS - PROMONTORY BAY COUNCIL STUDY SESSION (December 17) The subject of cantilevered decks for Promontory Bay was reviewed at the Council Study Session of December 10, 1973. The Irvine ,Company was advised to bring back to the Council something in writing, such as wording in the C.C.& R's which spells out that -each property owner abutting Promontory Bay would have the res- p6nailbility for: 1. Debris Control 2. Maintenance dredging for the zone between the established Bulkhead and Pierhead Lines. The C.C.& R's, as currently adopted are non-specific with reference to the above maintenance concerns, They state that the owner has an easement between the Bulkhead and Pierhead Lines for 11 ... pier mooring and maintenance purposes". The staff and the Irvine Company have discussed amending the C.C.& R's to specifically include debris�and maintenance dredging; however, because of the amount of time necessary to accomplish this (approxi- mately 3-6 months) and the fact that each and every harbor permit issued by the City for Promontory Bay can be conditional to include both maintenance dredging and litter control it appears that this alternative would be a more Viable solution. If Council desires,the following worded conditions will be placed on each harbor permit for Promontory Bay: (2,1 T -ha -t the permittee shall be responsible and maintain the area delineated on the harbor permit free and clear from floating rubbish, debris or litter at all times. (J2 -Th-&t the permittee shall be responsible for all maintenance dredging, in.accordance with the design profile for Promon- tory Bay, for the area between the Bulkhead line and Pier - head -line as delineated by the harbor permit. CITY MANAGER Page 2 December 13,1973 .The above conditions, if not adhered to, would be grounds for permit revocation. The Newport Beach Municipal Code, Section 17.24.090 Revocation of Permit, outlines grounds by which Council can r'evoke a harboF_p�Tr_­m1_t.The paragraph that would apply is #7 which states, "The permittee has breached or failed to comply with the terms or conditions contained in the permit or upon which the permit was granted". 1_1 CONCLUSION In summation and if Council desires, 1) direct the staff to condi- tion each harbor permit for Promontory Bay as outlined above, and 2) approve and amend the Council's Harbor Permit Policies Section 29. Patio Decks as shown below: 29. PATIO DECKS "In areas where the waterways are privately owned, and within Promontory Bay, patio type decks may be cantileverea*L;�ao* Bulkhead Lines subject to the following conditions": R. E.. REED, DIRECTOR MARINE SAFETY DEPARTMENT C D. Harshbarger, Captain DH:lf I -z-s N v C) -,,-n e,-, a 2 j 7L'- I r, T, P LLI 3 5 dOy.4 cz- xj S"IB ma a nia n, a a Z e C 7 -A 't - harbor e e G 0 e r a a � I A/0 t -e -1-t an :7� -.0 7 -,D MARINE SAFETY DEPARTMENT 70 Newport Pier November 29, 1973 TO: CITY MANAGER FROM: Marine Safety Department SUBJECT: COUNCIL STUDY SESSION (DECEMBER 10) CANTILEVERED PATIO DECKS - PROMONTORY BAY The Irvine Company, reference the attached letter dated September 23, 1973, has requested the City Council to consider amending the City Council's Harbor Permit Policies, Section 29 Patio Decks, to allow cantilevered pat -1 -3 -decks within Promontory Bay. The request was referred by the Council (October 9) to the staff and Joint Harbor Committee for study and report back. The attached staff report was s ' ubmitted to the November 13 Joint Harbor Committee meeting; they continued the subject and requested that the item be reviewed at Study Session. Mr. David Kuhn, Project Manager for The Irvine Company, has indicated he will provide further information and visual aids at Council's request. You will notice near the end of page 2 of.our report, an amendment recommendation which identifies the additional verbage to the exist- ing Council Policy. R. E. Reed, Director marine Safety Department RER: lf Attachment MARINE SAFETY DEPARTMENT 70 Newport Pier November 1, 1973 TO: CHAIRMAN AND MEMBERS OF THE JOINT HARBOR COMMITTEE FROM: Marine Safety Department SUBJECT: PROPOSED AMENDMENT TO THE CITY HARBOR PERMIT POLICIES (SECTION 2.9 PATIO DECKS) - TO ALLOW CANTILEVERED DECKS IN PROMONTORY BAY Recommendation If desired, recommend to the City Council an amendment to the City Council's Harbor Permit Policies (Section 29 Patio Decks), which would allow cantilevered decks within Promontory Bay. Discussion The attached letter from the Irvine Company addressed to the City Council, entitled Harbor Permit Policies - Proposed -Amendment, was referred by the Cit� Council (Octo_b_e_r__9T to the staff and Joint Harbor Committee for study and report back. The Irvine Company in their letter has asked that consideration be given to amending Section 29 - Patio Deck of the Harbor Permit Poli- cies to include Promontory Bay. The Marine Safety Department staff has met with representatives of the Irvine Company, Public Works Department and Community Development Department to discuss the attached proposal. The City staff con- curred with the Irvine Company's reasoning as outlined in their letter. In particular, cantilevered decks, if allowed within Promontory Bay, would not infringe upon or interfere with the public's right to use the waterways within Promontory Bay, and they would possibly increase the aesthetic appeal of the Bay itself. Currently cantilevered patio decks are allowed in the Dover Shores Waterways and around Linda Isle; these structures have not generated any citizen complaints to staff or have they been a problem from a structural standpoint. 2. Section 29. Patio Decks taken from the current Harbor Permit Policies readg —as fo-11—ows: "In areas where the waterways are privately owned, patio type decks may be cantilevered beyond the established bulkhead lines subject to the following condition: A. The maximum projection of patio decks encroachments beyond the bulkhead line shall be limited to 5 feet. B. The minimum setbacks from the prolongations of the side pro - property lines shall be 5 feet. C. No float shall be permitted within 2 feet of the decks. D. No permanent structure shall be permitted on the projecting portion of the patios except: 1. Planters and benches not. ove-r''16 inches in height. 2. Railings not over 3 feet in height with approximately 95% open area." The first paragraph, based on recommendation from the Joint Harbor Committee to the City Council, could be amended to read, "In areas where waterways are privately owned, and within Promontory Bay, patio type decks may be cantilevered lines.....11 The remaining sub -paragraphs would remain the same as outlined above. R. E. REED, DIRECTOR D. Harshbarger Marine Safety Department DH: lf Attachment September 25, 1973 City of Newport Beach 3300 West Newport Boulevard Newport Beach, CA 92660 Dear Members of the City Council: JHE IRVINE COMPANY 610 Newport Center Drive Newport Beach, California 92663 (714) 644-3011 -7-_7 Y RE: Harbor Permit Policies - Proposed Amendment We would like to propose an amendment to the City's Harbor Permit Policies. The particular area we would like you to consider re- vising is Section 29 - Patio Decks, as shown in the adopted Harbor Permit Policies amended August 14, 1972. This particular section allows patio type decks to cantilever beyond the established bulk- head line up to five feet where waterways are privately owned. We would like to suggest this section be enlarged to include Promontory Bay. As you are aware, The Irvine Company's original concept was to have Promontory Bay be a private waterway. During the tentative tract map hearings, however, it was suggested and adopted that the water- way be dedicated to the City of Newport Beach. This has been accomplished with the exception of perpetual easements for pier, mooring and maintenance purposes reserved to the individual lot owners. What we are suggesting is thatthe lot owners be allowed on an individual permit basis to build cantilever patio type decks over their bulkheads in accordance with the prescribed permit policies and not to exceed five feet. Attached are plans prepared by Raub, Bein, Frost and Associates showing our proposed deck design. These drawings are a part of the Promontory Bay Development Standards, which each homeowner must conform with. In our opinion, these patio decks will not infringe upon or interfere with the public's right to enjoy the use of the waters of Promontory Bay. The decks will be only within the easement areas reserved to the lot owners for their own slips and boats and, therefore, will not affect navigability of the waterway. Further, it is our opinion that the existence of cantilevered patio decks will increase the visual appeal of the bay itself. This is due to the fact that the decks will tend to break up the linearity of the bulkhead as they have done in and around Linda Isle. Promontory Bay was designed with the verbal understanding that these decks would be allowed. Without the decks, the front (waterside) yards will be minimal and in some cases unacceptable. Members ot the City Council ,,Harbor Permit Policies - Proposed Amendment 2 SeF mber 25, 1973 In conclusion, we feel that allowing cantilever patio decks in Promontory Bay will not in any way,infringe upon the public's right to use the water and in addition will increase the-a.esthetic .appeal of the bay itself. Therefore, we ask that you amend your Harbor Permit Policies to allow cantilever patio decks in Promontory Bay. Sincerely, 00, . ) 1 13 David B. Kuhn, Jr Project Manager Residential Division DBK: j e Attachment CC: Dave Harshbarger - Department of Marine Safety Ben Nolan Assistant Director of Public Works Dick Hogan Director of Community Development r. -PROMONTORY BAY DEVELOPME-NIT STANDARDS - Appendix A Cantilevered Patio Plan Views (See drawings on next page) i A 7) 'K hs!^, It is �S k,,. I sia;lj lisl(ih is KiquiWl. I R i I P �All—v J XLY, b Pa' E, I ". 1: PROM ONTO KY 5 A v I - 4 3 L- vl 0 USE 7 I %I 'ff'- v I �. v -- N 0 T E : IMACKS M S901.11'! 191. 1EFIR5M DILY; fok MILIAL 11TWK Kuulkwaas, su IX8161T "Ad. (if NRk� 140TES I ZME [CIA WK A WhLP IG ?�4M.;T VJV 2,E C; -V.:3 FMI Ilt; Wy N bE D:S!�%20 TO A, IVI'MLIM, J,E 04.!l SPACE 4 Q VnM v --,v W-, A,,z Sl !.'-"f KE BC.-- SIJK:�,. I c T F-7 -1WN !-;--,T Ka- tz.� 1, WD -�k L AIL M11-0 2i -1 E To 9, A: -L (-NSIR-MiN B (Ifv Ol, ii -am! J XLY, b Pa' E, I ". 1: PROM ONTO KY 5 A v C kN T1 L EV E R E D PM- 10 P L-A N.'- V I _W" -S FIAU13 rjfz[N rnO'— A 1� D "r .T JU N r I T I M 7 -PROMONTORY BAY DEVELOPMENT STANDARDS - Appendix B Cantilevered Patio Details (See drawings on next page) A F� r, fid F RIN 1JPIEI;. 10 YJ11,. EMT OC L T M, -77 --7.—,.T 7JI -6 14.74, vim wu ba.lol-1 hi, [DUE R."?Kv. c:4 INSP WLE r a - EMSTIM, bl�".��. NOTE 1; DE"'. Is TO i -11E 0��P,-TE YX-E; W D 101i,, T4WA:ZS 0� GUY, Q V V.P; USE V D�ip L3 Y cutiiKhcllol jumi Lj CZ05S 0 C MA A, SUb. Sit PLIN THIS SIKET SECT I ON IN- A' MWOUED CO:.Vi-TE MIS71RUCT104 5'-q' MM WITILUR EIIST 1-1W -10i NMB EXE W,!!',-UTED i6J K,,ILS IYU: ST�5--'-RED REDWOOD PUTE R VW J. i;)A� P.RY of -4: 14, -IT .6. 6ALV M b 1-4 A N' D UIASU SHIELD W, CON'T 'LV W. i 4' 114 G. 19 i". I + up DECIA -7— EXISTIN6 bu-,-g"w SECTION 'A -A" T11,16A I s 0 11, 0 , -wl, LM�RAL R,:,� z�4 9 w 1UY,:cW '—s' "Mi M IWUMM HOLE a p0di PEk AILAAb�. A35 1�' I' co -o CR. KC.07,1've 11�'Ptli`;11! I'DZEF WiiUL ANT & 11' DC.- 1,!ZL TYPICNL P N! V�EW PD. hT I t��G LICT M-L� i L i -'A i, ;,E i -:,S V- V TWA P A 0 M-0- NTORV--b-A-Y- - NOTE CANTILEVERED PATIO DETAILS RA*UF3 13UIN - FRos,r 7� MARINE SAFETY DEPARTMENT 70 Newport Pier November 1, 1973 TO: CHAIRMAN AND MEMBERS OF THE JOINT HARBOR COMMITTEE FROM: Marine Safety Department SUBJECT: PROPOSED AMENDMENT TO THE CITY HARBOR PERMIT POLICIES (SECTION 29 PATIO DECKS) - TO ALLOW CANTILEVERED DECKS IN PROMONTORY BAY Recommendation If desired, recommend to the City Council an amendment to the City Council's Harbor Permit Policies (Section 29 Patio Decks), which would allow cantilevered decks within Promontory Bay. Discussion The attached letter from the Irvine Company addressed to the City Council, entitled Harbor Permit Poli:aies, - Proposed Awendme:nt, was referred by the City Council (Octo-b-e—r--97 to the staff and ToInt Harbor Committee for study and report back. The Irvine Company in their letter has asked that consideration be given to amending Section 29 - Patio Deck of the Harbor Permit Poli- cies to include Promontory Bay. The Marine Safety Department staff has met with representatives of the Irvine Company, Public Works Department and Community Development Department to discuss the attached proposal. The City staff con- curred with the Irvine Company's reasoning as outlined in their letter. In particular, cantilevered decks, if allowed within Promontory Bay, would not infringe upon or interfere with the public's right to use the waterways within Promontory Bay, and they would possibly increase the aesthetic appeal of the Bay itself. Currently cantilevered patio decks are allowed in the Dover Shores Waterways and around Linda Isle; these structures have not generated any citizen complaints to staff or have they been a problem from a structural standpoint. 2. Section 29. Patio Decks taken from the current Harbor Permit Policies read'9 —as f—o'lTows: "In areas where the waterways are privately owned, patio type decks may be cantilevered beyond the established bulkhead lines subject to the following condition: A. The maximum projection of patio decks encroachments beyond the bulkhead line shall be limited to 5 feet. B. The minimum setbacks from the prolongations of the side pro - property lines shall be 5 feet. C. No float shall be permitted within 2 feet of the decks. D. No permanent structure shall be permitted on the projecting portion of the patios except: 1. Planters and benches not over 16 inches in height. 2. Railings not over 3 feet in height with approximately 95% open area." The first paragraph, based on recommendation from the Joint Harbor Committee to the City Council, could be amended to read, "In areas where waterways are privately owned� zp�iq.nithin Promontory BaX, patio type decks may be cantilevere beyoni'���*���z;��'i���ed*�ulkhead lines ..... go The remaining sub -paragraphs would remain the same as outlined above. R. E. REED, DIRECTOR D. Harshbarger Marine Safety Department DH: lf Attachment 7 STATE OF CALIFORNIA—RESOURCES AGENCY RONALD REAGAN, Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD- SANTA'ANA REGION 6833 INDIANA AVENUE, SUITE 1 RIVERSIDE, CALIFORNIA 92506 PHONE: (714) 684-9330 October 31, 1973 State Department of Water Resources State Department of Fish & Game State Department of Public Health - L.A. Orange County Health Department Orange County Flood. Control District Orange County Harbor District City of Newport Beach / The enclosed Order No. 73-61 rescinds waste discharge requirements for dewatering operations by the Irvine C3 Company at Promontory Point. The board will consider this matter at the December 7� 1973 meeting. Your comments are requested by December 1. 1973 4_�&�ES W. ANDERSON Executive Officer Enos: Tentative Order 73-61 cc: 9 Board Members yh X, PUBLIC IV, 'y Or California Regional Water Quality r ,�o rol BoaTa-, Santa Ana Regil ,Ord� r No. Rescind WAte Di h" -so qrge'l.Re-quirements ,.for Irvine Company at'�'romoiiiory-Point, Newport Beach The California Regional Water Quality Control Board, Santa Ana Region finds that: 1. Waste discharge requirements were prescribed on February 24, 1973 for a proposed waste discharge to result from dewatering operations by the Irvine C'o-�mpany at Promontory Point, Newport Beach. 2. These construction operations have been completed eliminating the need.for waste discharge requirements. IT IS HEREBY ORDERED, that Order No. 72-8 "Waste Discharge Requirements for the Irvine Company at Promontory Point, Newport Beach be rescinded. I, James W. Anderson, Executive Officer, do hereby certify the foregoing is a full, true, and correct copy of an order adopted by the California Reglonal Water Quality Control'Board, Santa Ana Region, -on DaceQr 7, 1973 JAMES W. ANDERSON Executive Officer f DATE... TO: El MAYOR GEN. sr=RVICES El COUNCIL LIBRARY EIMANAGER.' FZ'MARINE SAFETY E] . AS I S'T . .�MG.R. PARKS & REC. ,.EjAD.MIN..:ASST. ATTORNEY I EIPERSONNEL 0 POLICE Elq�Ty CLERK 0 PUBLIC WORKS El COMM. DEV. El PURCHASING Cl FINANCE E] TRAFFIC FIRE F OR: E:l ACTION & DISPOSITION FILE INFORMATION L?'REVIEW af.COMMENT E]RET6RK s ' IRMARK : .. . . ...... ; ..... - r - of - .................................................................. . .. ........................................... I ........................................................ .......................................................................................................... ................................ ....... .... ....... ............................................ I ...... ............................ .... ... . ....... ............. ----- . ............... 'A ....... ....... ----------------- --------------- September 25, 1973 City of Newport Beach 3300 West Newport Boulevard Newport Beach, CA 92660 Dear Members of the City Council: THE IRVINE COMPAW 610 Newport Center Drive Newport Beach, C�Iifornia 92663 (714) 64.4-3011 RE: Harbor Permit Policies - Proposed Amendment We would like to propose am amendment to the City's Harbor Permit Policies. The particular area. we would like you to consider re- vising is Section 29 - Patio Decks, as shown in the adopted Harbor Permit Policies amended August 14, 1972. This particular section allows patio type decks to cantilever beyond the established bulk- head line up to five feet where waterways are privately owned. We would like to suggest this section be enlarged to include Promontory Ba.y. As you are aware, The Irvine Company's original concept was to have Promontory Bay be a, private waterway. During the tentative tract ma.p.hearings, however, it was suggested and adopted that the wa.ter- way be dedicated to the City of Newport Beach. This has been, accomplished with the exception of perpetual easements for pier, mooring and maintenance purposes reserved to the individual lot owners. What we are suggesting is thatthe lot owners be allowed on an individual permit basis to build cantilever patio type decks over their bulkheads in accordance with the prescribed permit policies and not to exceed five feet. Attached are plans prepared by Raub, Bein., Frost and Associates showing our proposed deck design. These drawings are a part of the Promontory Bay Development Standards, which each homeowner must conform with. In our opinion, these patio decks will not infringe upon or interfere with the public's right to enjoy the use of the waters of Promontory Bay. The decks will be only within the easement areas reserved to the lot owners for their own slips and boats and, therefore, will not affect navigability of the waterway. Further, it is our opinion that the existence of cantilevered patio decks will increase the visual appeal of the ba.y itself. This is due to the fact that the decks will tend to break up the linearity of the bulkhea,d as they have done in and around Linda, Isle. Promontory Bay was designed with the verbal understanding that these decks would be allowed. Without the decks, the front (waterside) yards will be minimal and. in some cases unacceptable. Members of the City --,uncil �Harbor Permit Polici-6 - Proposed Amendment 2 September 25, 1973 In conclusion., we feel that allowing cantilever patio decks in Promontory Bay will not in any way infringe upon the public's right to use the water and in addition will increase the aesthetic appeal of the bay itself. Therefore, we ask that you amend your Harbor Permit Policies to allow cantilever patio decks in Promontory Bay. Sincerely, C4 . D. David B. Kuhn., Jr Project Manager Residential Division DBK: j e Attachment CC: Dave Ha.rshba,rger - Department of Marine Safety Ben Nolan Assistant Director of Public Works Dick Hogan Director of Community Development r -PROMONTORY BAY DEVELOPME-NIT STANDARDS - Appendix A Cantilevered Patio Plan Views (See drawings on next page) r i r r A "Alm --S-T RJ A Ij 5 T S 16 f C L 1 i i I 11 1 1 WD ML -o to U.. I .-. -i L N-11 - --%, I E - "I -- Lil Lf, t I I P" I RED - H . 0 u I 3 14-7 1 t 4:,t -Wil A,:: PAT 0 4,M t.. I T F N 0 T E : 5 11 !, A ( KS A I ( SI;OVI! 107, iiil,�NCE M A(-IUXL IMMIC 1,!JST E, Z��W.D Uf,11 NIL Cki'? 5� IV 1 �,, T1. or 9s,-, Pi T1,C J 11 F, 11 r f.! I 7 Q V 1!-'� V k" S U S� k C�,' I All 7,1 i D f, C111, :;,3 KA -,I tk OL'_ P go HIONTO F\Y 6 A V ChN'F I LEV E RED P h -r 0- - ----- PLAN -.V.I.[.-.kVS .-- -3 F- n o E;,r RAU 0 1 N r -PROMONTORY BAY DEVELOPMENT STANDARDS - Appendix B Cantilevered Patio Details (See drawings on next page) ii r ]it[ OR bvl(v. Wilily, IQ %,all —7=- r 7: T 14 74' M.0 48 0 C bu. 1911 1 lil �N) Ai INA t I cti Am -I iH --SL' -S 11 D ;i1`j(Lu To V MM M I!.I� la t D; F.��w LAU (NI-AC1101i JON! V I Ud fills SKIVT �ECTIGN smi. 1 0' -.i� .0" MN MM cMillt EVEZ umu I Q11 , OU �.;Mtu .,1111 I� I NLS 16' 0 C pi lz- I DWOOD PLNI 1. 11' C ohiv M b 114 WELD 4 W, CU0. 4" '14 64V W 6' Ot it, n ),,-- K101011MILE SICT Ill �11 OF DECIA 111STING bul-YIIIEND Ir -j SECTION "h -A" 'MIFIEV, COMMUCIlotl OP11011AL REM.I.MEWND INMCUNI 110LIE i PUIE PER YWVII,�k A35 11' , 11' to','R. 0?. DiCOVJN� INSPECTION - — - - — ------------ J1 11, 0" U.M.YL P.6I;V joilif IC Oc T%p11CNL T I N p T i 0 N I� D I t\ I t 6 T, I f .4 "-1 j- 1 '1 TYPI( N[ P L N N V � E W Whi AW J04MUC, ULT XJL�— lf-., X U C,L 6 P R 0 Mi 0 N T 0 R V 5 A Y NOTE CANTILEVER I E .9 PAT 10 MI MUM t41I.TM DITA I LS liul .1 U Il I 13 1 � - ------ qi lt;e 4�2w,r,�- o Aol A64 —ft"ft OOU /ok -ae-.#Of' C- 41 Ir- qr e?4 /11 100" 40, -ool V e --v cau,111,11-w edl C/C -1417 r- xft4.rcv, Ak .000 A* Of IL Cog, ll000e,�, May 16, 1973 City of Newport Beach Marine Safety Department 70 Newport Pier Newport Beach, California 92660 Attention: Mr. Robert E. Reed TW IRVINE CDMPAW 610 Newport Center Drive Newport Beach, California 92663 (714) 644-3011 Subject: Promontory Bay Channel Opening Schedule Dear Mr. Reed: This is to advise you that our current schedule calls for the channel opening at Promontory Bay to take place during the period of June 1 to June 8, 1973. The actual opening will by design be a slow process. There will be no dam breaking, but rather a gradual introduction of sea water into Promontory Bay through pipes installed in an earthen dike. When the water level has been equalized on both sides, we will begin to remove the dike by dredging from the bay side. This will take approximately a week and could take longer since the dredge will be operated at a low capacity to ensure proper clarification of the discharge. We would be happy to have you visit the site and inspect the work during this operation if you so desire. Sincerely, David B. Kuhn, Jr. Project Manager Residential Project Administration DBK: gr cc: Captain David Harshbarger Identical Letters to: Mr. Walter S..Boyle, U. S. Corps of Engineers Mr. Krieger, Environmental Protection Agency May 16, 1973 City of Newport Beach Marine Safety Department 70 Newport Pier Newport Beach, California 92660 Attention: Mr. Robert E. Reed mi rLie"E; I R V I N E C 0 M PA N Y 610 Newport Center Drive Newport Beach, California 92663 (714) 644-3011 Subject: Promontory Bay Channel Opening Schedule Dear Mr. Reed: This is to advise you that our current schedule calls for the channel opening at Promontory Bay to take place during the period of June I to June 8, 1973. The actual opening will by design be a slow process. There will be no dam breaking, but rather a gradual introduction of sea water into Promontory Bay through pipes installed in an earthen dike. When the water level has been equalized on both sides, we will begin to remove the dike by dredging from the bay side. This will take approximately a week and could take longer since the dredge will be operated at a low capacity to ensure proper clarification of the discharge. We would be happy to have you visit the site and inspect the work during this operation if you so desire. Sincerely, David B. Kuhn, Jr. Project Manager Residential Project Administration DBK: gr vet-4� Captain David Harshbarger Identical Letters to: Mr. Walter S. Boyle, U. S. Corps of Engineers Mr. Krieger, Environmental Protection Agency A.16 /V�_' &01�1' /I - �11 -0co 0 — MARINE SAFETY DEPARTMENT 70 Newport Pier April 12, 1973 Mr. James Turner 409 Bayside Drive Newport Beach, California 92660 Dear Mr. Turner: Mayor McInnis,, throulgh the City Manager, has asked that we reply to your written inquiry received April 2,, 19731, with reference to Promontory Bay and Promontory Point. The Promontory projects, both the bay And the upland con- struction, are Irvine Company developments. At this point in time, the City, after extensive reviews, has issued all the necessary permits for both subject projects, . There are basically two main projects within this develop- inent* These are: lo Promontory Bay - This includes an 11 acre lagoon, connected to the harbor with a 1001 channel# bulkheading, and single family dwellings fronting the lagoon, 2* Promontory Point - This project is located on the bluff between Bayside Drive and Coast Highway and is a 520 unit apartment complex, Attached for your information are three memorandums copied - from our files with reference to the Promontory Bay project, which hopefully will answer your questions concerning the lagoon and channel. Mr, James Turner Page Two Should you wish further information, you are more than wel- come to come to the Marine Safety Department and review the Promontory Bay file6 The files concerning Promontory Point are located at the Community Development Department and can be reviewed at their location. Sincerely, D. Harshbarger, Captain Marine Safety Department DH: lf Enclosure L RECOVED APR 2 '19-73�� i i M a y o r ty of Newport Beach Us Al )c �l �KA bA r Ch A L 60A V1 C i N IT'� SKETC H \q P t K 7 b A C A Ll F 0 k N I A, ml �1� S�.%qjNb� A EmVSS�D 1 VEEI AN D EN G E E �_O W M E A ,, L 0 V F. K LOW WkT�K. MVIMUM RN�G� N P P R 6 1. j', PAO,�'K LlWbS A Y, i. S IVA 6 U S V1 E D N ILI C�hl c l6d�K'HEND - e�. N is lop Y .61 SUT 10 A -A 7 1/ /0 W 8, '6 -Ile 4,4s 4 'V6 %\ S. __lk r 419 i�AYSID[, R. bULYqLAD LNE PIEK�W LINE —7 V, A U 1� b I N P K 0 P 0 S E D ul AND 6 u L K _k 0 M 0 WT 0 KY N Y' ro �SIDF D�. 14 EW P 0 �T b� jk C 9, CkLIFOW� -t- UUCATC. A P P L I C C W by T�E RVISE UMiANY SECTION 6-6 0 --er i-larc! ,-1 1 �0 7 3 TO: CHAI.R�IAN, - JOINT HARBOR CO-'-'U!IITTEE FROM: City Marine Safety Director SUBJECT: PROIMONTORY BAY; TID.-'�L EBB CURRENTS A1114D WATERWAYS DEBRIS 1,1,ear t -he closing of the February.13 meeting of the Joint Harbor Committee, Councilman Rvckoff and Harbor Commissioner Robinson posed ques-tions on the possible effects of the.Promontory Bay project's tidal ebb current upon the already eroding beaches of Balboa Island. Questions included accountability, should this erosion be exacerbated with the additional ebb volumes generated by the Project. Also questLoned,was identification of responsibility for waterways debris cleaning within the project itself after completion. Council- man Kym-la, Committee Chairman, directed the staff to review -these aspects of the project and make a report backto the commit . tee. 1. EROSION: BALBOA ISLAND BEACHES According to the engineers I have consulted on this subject, the problem is threefold. one problem, of course, is the littoral transport of sand created by existing currents during tidal ebbing. A portion of this has been retarded by the groin-ing project.now being conducted in stages. Another aspect is the problem existing ,through the profile's slope toward the channel's middle. A third' ,influence, interestingly so, was pointed out as being the t . rans- port of material away from the beaches onto the sidewalks and streets by sunbathers and bathers. This material is then swept by maintenance crews and hauled away. Erosion is a problem which is occurring along the three sides of- Little Island having open bay exposure. 2. EFFECTS BY PROMONTORY BAY The effects upon this problem by the opening of Promontory Bay may, or may not, have significance. I base this upon the only mathematical values available to me at this point in time. (Exhibit 1) The calculations therein were submitted by Raub, Bein, Frost, and Associates. They are cor..ipleted with a shown tidal ebb current velocity of 0.34 feet per second. Converted, this is 4.1 inches per second, or .227 miles per hour. Their conclusion is that this is vrell below the rate of erosion velocity. Currently, the C-itv staff finds no dis,7-igree-ment with - the calcula- 0 -.1 i 5 r 0 E T al" T �Ie Tf, 110.i�_ z;_ L I e i L a r_- r t 5 S ;i 4 o _ri a ge rr,,,an e o a , o i i w, c, t- - -, Z L Z: _'Ld be cons 4-ILIte-red the Cib., st-H-f-f encourage f-Ily �Droposes -lis 4 1 - review for Joint -4-11fLor-mat-ion be sub__­_1_.eU L S E 1�: 7 DEBRIS N-T.H-E P20iECT , 0-,, 11 J_ -,J'G CL RESPONSIBILIT-Y A material review reveals that the project's. waterways were de�di- cated -L-o the C 4 -1 - - �L_Y, �-,Tlt_h a,- easef.ient granted .t7ithin the pierhead line to the owners within the developinnent. Raub, Bein, Frost, and Associates address themselves to this problem in a letter to the Irvine Company, dated August 29, 1969. it is attached as Exhibit 2. Althoug-h th-e waterways are dedicated to the City, and the debris cleaning in the waterways would be the City.'s, it should not be a problem of much significance. The bay is projected to completely flush during a 33 hour period. If any problem develops, it will izltore likely be isolated within the granted local owner's easement area, landward of the pierhead line. I cannot find anything in the engineering firm's material which is directly related to 'the occasions dealing with high winds. For instance, the heavy sout-heasterlies leading oncoming rainstroms heavy westerlies on the trailing sides of rainstorms, and Santa Ana winds, However, these are not prevailing winds, they are sporadic. 4. ADDED ITEMz 'NAVIGAT TON pER�,JIT Attached, for further information as Exhibit 3, is a copy of the Army's navigation permit for this Project, issued on I -lay 20, 1970. included, is the original written request, and the conditional -permit. CONCLUSIONS At this stage of development, I do not know if a seperate E.I.R . . on the waterways could be required. This is perhaps a matter for legal counsel, in view of the project's overall timing. Permits have been granted, and the developer has moved ahead within the parameters of these permits. Should the Joint Harbor Committee care to pursue this issue, I recommend that a special meeting be held with the Irvine Company's L representatives. The bulkheading is p ; roceeding toward the Balboa Island North Channel, and the completion might be somewhat close to the scheduled Joint Harbor Committee meeting in April. Submitted by, _jEr CITY OF - VIPORT BEACH Marine Safety Department R. E. Reed, Director Attachments R4,v, fEA -�We�omp C4-. / '11) POR AO S&C--,OVPS Z/,o 0 �PE-R AAAAW7.-F- �)/ Z60 ** 0�,,e 1-140VA, (4��5 7-11,4,,V �14 14 MPH -=.))3zo PER HR, P2 7 3,fF7- Pep, sirc., M P H C44S.S.CS 0,lP ebvV;P-V 6RAA-Ire-D rlPeLAMPS Clry CweAoV72F.P 71-jP4e4o4A1,PS AelvAr& amAFRwA71ER /-Or- ooWAleRsoO�IoP PUBLIC VVPeeK1A7-EX /.Or- OWVER-S#'P PR1V,47-,&- 1JL-,e".4AodR17- SUBJECT: "GRANT OF EASEMENT." - CLARIFICATION Reference telephone conversation (11/17/72) between Marine Safety Director and Councilman Ryckoff. Councilman Ryckoff has posed the following questions for clarification with reference to the packaged material submitted for his review 11/16/72. Ques-tion 1. What is the status of the waterway dedication to the City at this point in time? a. Has it already been done? b. Does it now need dedication? Answer - I=& The waterway was dedicated to the City when the City Council approved Tract Map #3867 (Promontory Bay) 6/12/72. On June 29, 1972, the Tract Map was recorded in the Office of the Orange County Recorder. A condition of the Tract Map approval was that Lot A be dedicated for public water navigational purposes subject to an easement between the bulkhead line and pierhead line for pier and maintenance purposes. Question 2. If it is dedicated to the City, who will be responsible for maintenance dredging, water quality control and law enforcement? Answer - Maintenance Dredging - The City and/or County Harbor District NONNOMME� would be responsible for maintenance dredging of that portion of iCh is dedicated to the City. Promontory Bay A, The "Grant of Easement" area (between the bulkhead line and the pierhead line) would be the responsibility of the abutting upland owner. NOTE: (1) It is possible to assess the individual waterfront owners as indicated in the memo dated 4/27/70 from G. Dawes to the City Manager. NOTE: (2) The Orange County Harbor Commission recommended that the Irvine Company be made responsible for any maintenance dredging that might be required of siltation from the adjacent, undeveloped uplands, was not included in the City's Harbor Permit because the Porter -Cologne Water QualitZ Control Act places the burden for sediment control on % builders and developers. (See discussion Harbor Permit memo 8/10/70). . AAC Answer (b). Water Quality and Law Enforcement A basically the same as above, (City and County Harbor District.responsibility) Question 3. What problems do we foresee if permanent easements are granted to property owners for waters landward of the pierhead line? Answer - None. The individual upland owners must still comply with the Council's Harbor Permit Policies, Harbor Regulations and Army Corps of Engineers permit requirements. azt, Z�, C�t- - J.A V tL A, 1 '00.0.1 6- oe 10' 10 10! 38htz-s, fo E -r DATF SHEE .0 HK Y ------- EDA T F ------------ ---------- JOB NO ----------------- --------- - - ---------------------------- ----------------------------------- - ------ -Lok-H-1-B-F F--- -7,,0 Z-, Z-, tj, fD -7c:) C- c -ZZ --3,:!? C7 0- CD AA�AL' 7 -75 ;t-/, Z, .4, - 711 OF H K 0. E3'T ------------- DA�C --------- - JOB --- - --------------------- ----- - ------- - - ---------7 ------ -------- ----------------------------------- ------------------------ - -------------------------------------- R,N u E3,. E-1 N, F"R 0 S T A- S30MATES Z) ENGINE -ERS & SURVEYORS PHONZ 542-7723 0. ROX 117 136 ROCHESTER STREET COSTA MESA. CALIFORNIA August 9-1 9; 0-9 Ir,. ARISIT Mir. David, A. veiaylcr The Irvine Ccm.pany 560 N--vort Cemter DD H. v e -0 C Cal-ifornia p or t Bea -h, Dea r. Kay I or: Pe: Promontol-v Point Laf::Con Stut/ PUMLfant to your requc_�t, I ave analyzed. Pr',1j--j0n+ La " '1) .7- - J) 01�1,1 PoInL 0 C If Study B a prDbler-9 will E!X4_ I_Z. WIG,, debris 01, biological P011L lon. AlIsO 1'.he quesl�Aon of croslon or accrp­ -Lion IV Vie ent'rarce C11";.annel and lagoon was im;,estigateo. -,Nj- Y Point La-3oon Stuey e r L)asses :"L p Ma Coly 1.0.5 acras of lwater, ran�ing in dept! -1 frim -5 -mean sea level LL L dall-urii at the b u I ck lhea d 't, 0 a deP`h Of -11 Moean sea le'UP-11 daftm i n t 1'. e la.f!oon, IS fe-et bay;,,ard from tj,,L% ufk�eaid. The, pr -availing, winds in ihe area are f mm the direction. (See Exhibit [Wf). Thl- entrance channel to th,' lac -Con Joins the. Vort-h Brlabl.o;j Island channel and is p-)otec,ed by Balboa Island frnmm the main channel of L 3--y. There is c1MUl---_r10n In -'�-,n e N!Orth Ballbo,, .1sland channel Any L debris vhich um.uid -Y"2- 'he In -con would derive I _�; frrm Itrash 1-- h m,,,n I Zhe lagoon i W, I , I P -to 4 *t�'n the la:'Gan, itself or acca ionall trash d-r­1-;,Ft1?-,9 into t -he. entrance of tile lac,0011 !%p4ng carried by the prevailing !,Irld --Id and f1cod le. This floating debrls Should be alimost inconsequential, a j -,d v, lith the c I Z, N V? I rj_;D S M c I s pmposed for Vn e perin'eter at 4 L 1.9 irst bend in the chan- Of thc I a fZ37 0 0 f-) , the di�bris lie' aY S1 d a 0 ni-,-, i Il I:; C a r. te 7, and te s1wept ou-,- IuZ2 to t ti�al ql sh I rig action. Sinc h " Cycle occurs -11--wice eaily in -LII4S e '�. t,2, area, it is my opinion th_,At .7,,.3,st ix, -lot 01, 1 ?1; S o ` th a floating de b. t' I a �J'0 019 bY I,' ?a.Y Of the entrance chamn�l on an ebb ti de at t-jT-;!_C-S when t1he, V-117nd is calm.. 111r. David A.� Kaylor Page 2 -.69 August 21, 1.2 - One area of posslible trash accu,-.uTation is in front of Lot 59 behind -erly o -F V- beach. This -an be alleviated by p—nipet. the groin v­_st a --en�ion to tlh_;n� C*CSI*gn Of t L tl the croin. I tic -is concerned, there arc- no sources of As faras biological pol ju 1, an I lue t dis­harge or large sto rain systems discharging Into -his tor,:,, di L L i agoon. Due to the geo.metry cif 1:11he ent-rance and the size of the lagoon, the water will be replaced by the tidal action with approximnately theasame rapidity which occurs in t * �e Newport Day. in4on that t�ere will be no Lion 1--r op It is th efore P., biological Pollut tablished b the Health De - In excess of the acceptable limits as e s t Y partment. aih processes in the area and find no We have also analyzed t�e_beac evidence oil eroSion or accretion in -the Balboa Island d"-,an.nel within lt� of t ne tile Vicint entrance to this lagoon. Due to the low non. -scour- ing tida". veloci-ty in this main channel, there appears t-10 be no littoral drift ol" sand in 11,his area wh1C1',. could 'Lend to block tim entrance. As 1-ar as accretion oil sand within the lagoon due to sedementary elle- torm rai - ter feel L i in positing of sand f rom the sl d sya P is concerned, T this is a problern of temporary and minor consileration due to thm, the swial I size of -4[he di-ainage area contributing to the discharge int oog soon as the residenHal to the lagv i Any accretion should stop as area surroundling th, lagoon iand 12pper Promontory Point. area"is de - V0 loped and landscaping established. -ions regarding these matters pleas- all ther quest C If you have a ny. fur on Me. Sincerely, )0- ASSOCIATES RAUB, BEIN Fr. ST 4a Jack. G. Raub Civil Engineer SECTION �-6 MONA ga MAK EAST J E� \_ : MY 1 .5 0 K U, L L-Ck I.TZ r-011TA i L 1.= E ET PROPOSED DREDGIMG Ail D H LKR E AD IM 6 I R- 0 M 0 N T 0 f� Y b A Y' TRE RVINE CV -1 P'KY RAU13, SEINY FPzoST & AsSOCIATES C11/11- & STRUCTURAL- ENGINEERS (714) 548-7723 LAND SURVEYORS &PLANNERS 542-1022 P.O. SCIX 117 . 136 ROCHESTER STREET, COSTA MESA. CALIFORNIA 92627 February 4, 1970 District Engineer E�ngineers U.S. Arr.V Corps of E Post Office Box 2711 Los Angeles, California 90053 Dear Sir: On behalf of our client,,The. Irvine Company, we are hereby applying fo r a Navigation Perrdt for the purpose of dredging and constructing bulkheads i Pronontory Bay, Newport Beach, California. "The proposed bay extension is shoreward of the U.S. Bulkhead Line and lies between U.S. Bull -head Stations 101 and 200, ez shown on the enclosed permit amlication sketch. We -intend to excavate the area to the proposed project depth of -9 elevation in the di -I and renmov-_ the material at the entrance only after all the dredging has been completed, thereby.creating as little disturbance as -possible to the existing Balboa Island North Channel. I have discussed this project withl Mr. Wendell Reese of the Permit Section, and he has indicated that a . detedled revi I 6w will be given to this application with regard to ticial exchange of the nelily created bay and the effect of ebb - tide currents from the proposed new entrance on the existing 'I"Torth Balboa island Chaanel. If during this review you require axry further detailed information on this proposed project, ve -will be more than happy to supply you Vith the information required. I h eve enclosed -with this peznmit ap �plication one (1) reproducible copy of the D e rr—i t sketch end three (3) prints outlining the area of the wor'k. in red. Also enclosed is a copy of the Tentative Map, which gives more detail, for your use. As The Irvine Co=any is v-ery anxious to begin work on this project and your approval is required before any construction can cormence, we would be most appreciative of anything you can do to expedite the approval of this permit. Sincerely, RAUB, BEIN, FROST ASSOCIATES .1a6k G. R aub E -B _1970� LCivil Engineer THE .JGR/cem Enclosures cc: L, -Mr. Dav6 Kaylor, The Irvine Cor-Vany T3 Zo IV P4C T LEA ISU0.3 y C, OA Clr4 4, v Z: L A Al VEST JETTY VICINITY S Y, E T c H EAST KEN11 p 0 0 IS XY , CAUFO�)Mk. JMY -7.77, NOTE: SOUNDINuS AKE ExPKESSE) Im FEET AND Umautt UcrillS 6ELOW MEAN LOVER. LOW WTE.7— MWHUM RX11GE OF TIDE APPRO1. 10 FT. 14,\K6OF, L114SS AWS ESTAbLISHED N -TqlS SECTIO1.4 OF 14EV?O?,T 6NY. USL too, LULKHEAD ev 4p, 3 e SECTION A -A 7. y 17, 110 4P, A 4�, 4 IF4 *6 cell s p Ile 't WST. bAYSIDE H. 13 9 L A N t? In --,a LkgEAD LIKE PIMEXI) A S 7A P 0 S E D D K E D G I AN D 27 U UK 9 E D I M G I k 0 q, .0 �l T Y b i J 7 14 T 1. k C.4. C A' —;F i I X 14Y S E CT 10 N b-� E C "A DEPARTMENT OF THE A y LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. 0., BOX 2711 LOS ANGELES, CALIFORNIA 90053 IN REPLY REFER TO SPLCO-0 2 0 May 1970 The Irvine Company 550 Newport Center Drive Newport Beach, California 92664 Gentlemen: In response to your request of 4 February .1970, there is inclosed a permit authorizing excavation and the construction of a bulkhead at Promontory Bay, Newport Beach, California. If it becomes necessary for any reason to make any material changes in the location or plans of the work, revised plans should be sub- mitted promptly to this office in order that, if found to be unobjec-. tionable from the standpoint of navigation, they may be approved as required by law before construction is begun. A form, in duplicate, is inclosed for your convenience in reporting the status of work under this permit. One copy is to be retained in your files and the other returned to this office. Also inclosed for your information are copies of letters received from Southern California Edison Company and the Ocean Fish Protective Association. Sinc y yoursli .4 Incl OBERT J. p LLEY 1. Permit Colonel, CE 2. Work status form (dupe) District Engineer 3. Ltr fr So. Cal. Edison. 4. Ltr fr Ocean Fish Prot. Assn. R EC LE I V EL D 2 1970 9 t I PROJECr DZ"'ELCP:,!-,j-F DEPARTMENT OF THE AT! 1Y �h -real estate or mate- .NoTE.—It is to be understood that this instrument does not give any property rig ts either in rial, or any exclusive privile.ges; and that it does not authorize any injury to private property or invasion of private rights, or any infringement of Federal, State, or local laws or regulations, -nor does it obviate the necessity of obtaining ffl e T It Eft -4 -1-4 State assent to the work authorized. f , nin't1t:Y r1c ftEtll� 8 HE! - 3 3 efmira Iffff! ±1tBt!e ftfaftTs b, f. (See C-temiltings V. Ghicavo, 188 U. S., 4i -j-) PERMIT U. S. Army Engineer District, 0 Los Angeles Corps f Engineers.. Los Angeles, California - - ------ 2DL.U4Y-----t 1970 The Irvine Company 550 Newport Center Drive Newport Beach, California 92664 Gentlemen: Referring to written request dated4 February 1970 for permission to excavate and construct a bulkhead have to inform you that, upon the recommendation of the �Chief of E�ngineers, and under the provisions of Section 10 of the Act of Congress approved March 3, 1899, entitled "An act making appropriations for the construction, repair, and preservation of certain.public works on rivers and harbors, and for other pur- poses," you are hereby authorized by the Secretary of the Army. to excavate an irregular shaped area about 2,300 feet long by 100 to 400 feet (Here describe the proposed structure or work.) wide and deposit approximately 290,000 cubic yards of material on shore off the site and construct about 5,100 linear feet of concrete bulkhead in Newpor t Bay (Here to be named the river. harbor, or waterway concerned.) cat a ,,.�.ocatgn shoreward of and about midway between U. S; Bulkhead Stations (Her De namet e nearest well-known locality—preferably a town or cify—and the distance in miles ar'd tenths from some deffulte point In the same, stating whether above or below or giving direction by points of corapaaa.) 101 and 200 in accordance with the plans shown on the drawing attached hereto marked "Proposed (Or drawings: give file number or other definite identification marks.) 'Dredging and Bulkheading, Promontory Bay, Newport Beach, Calif. Application by: The Irvine Company, 550 Newport Center"Dr., Newport Beach. 3 Feb. subject to the following conditions: 4 ngineers, (a) That the work sh oe subject to the supervision and approval of the jistrict Engineer, Corps of E I . . in char . ge of the locality, N, may temporarily suspend the work at any t; if in his judgment the interests of navi- gation so require. (b) That any material dredged in the prosecution of the work herein authorized shall be removed evenl I y . and no large refuse piles, ridges across the bed of the waterway, or deep holes that may have a tendency to cause.injur.y to r cable hereby authorized is laid navigable channels or to the banks of the waterway shall be left. If any pipe, wire, o illing in a trench, the forniation of permanent ridges across the bed of the waterway shall be avoided and the back f shall be so done as not to increase the cost of future dredging for navigation. Any material to. be deposited or y or on shore above high-water mark, shall be deposited or dumped under this authorization, either in the waterwa so prescribed thereon, within or behind a good dumped at the locality shown on the drawing hereto attacned, and, if or bulkheads, such as will prevent escape of the material in the waterway. If the mate - and substantial bulkhead tributary waters, or in Long Island Sound, a rial is to be deposited in the harbor of New York, or in its adjacent or bor, New York City. permit therefor must be previously obtained from the Supervisor of New York Har (c) That there shall be no unreas I onable interference with navigation by the work herein authorized. (d) That if inspections or any other operations by the United States are necessary in the interest of navigation, all, expenses connected therewith shall be borne by the pe-rmittee. to forb id the full . and free use by the public of (e) That no attempt shall be made by the permittee or the owner all I navigable waters at or adjacent to the work or structure. (f ) That if future operations by the United States require. an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army, it shall cause unreasonable obstruction to the f ree of said water, the owner will be required upon due notice from the Secretary of the Army, to remove or navigation i alter the str . uctural w ork or obstructions caused thereby without expense to the United States, so as to render naviga tion reasonably f ree, easy, and unobstructed; and if, upon the expiration or revocation of this permit, the, structure, ion, or other modification of the watercourse hereby authorized shall not be completed, the ovmers shall, fill, excavat er as the Secretary of the Army without expense to the United States, and to such extent and in such time and mann to its for I mer condition t I he navi- may require, remove all or any portion of the uncompleted structure or fill and, restore laim shall be made against the United States on account of any such removal gable capacity of the watercourse. No c or alteration. h rei (g) That the United States shall in no case be liable for any damage or injury to the structure or work e n authorized which may be caused by or result from future operations undertaken by the Government for the conserva tion or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. (h) That if the display of lights and signals on any -work- hereby authorized is not otherwise provided for by law, may be prescribed by the U. S. Coast Guard, shall be installed and maintained by and at the such Hights and signals as expense of the owner. work will be . commenced, and as (i) 'That the permittee shall notify the said district engineer at what time the far in advance of the time of commencement as the said district engineer may specify, and shall also notify him promptly, in writing, of the commencement of work, suspension of work, if for a period of more than one week, resumption of work, and its completion. M That if the structure or work herein authorized is not completed on or before -------------------- --------- day, of — ------------- Df�gz?.mbar ---------- 19-11, this permit, if not previously revoked or specifically ext I ended, shall cease and be null and void. M That the permittee shall comply promptly with any regulations, conditions, or instructions afIfecting the work hereby authorized if and when issued by the Federal Walter Pollution Control Administration and/or, the State water.pollutiOn control agency having jurisdiction to abate or prevent water pollution. Such regulations, conditions or instructions in effect or prescribed by the Federal Water Pollution Control Administration or State agency are hereby made a condition of this permit. - By authority of the Secretary of the Army: ROBERT J. ALLE Colonel, District Engineer 1131111 1721 (CiVil) Tbis foryu supersedes ED Form 98, dated I Apr 48, wbtch trifty be used unfli e.xbsustel I SEP 48 V. 3. G0YKRhMLMT P-1-4-� 01r11:9 18-13158-3 EM 1145-11-303 OF THE ARN'Y �_OS co.�!�,S O�' NG I,"! H—Ps p. 0. E -,OX 2711. LOS ANG�LES. CALIFORNIA M REPLY P.EFER TO SPLCO -0 -The Irvine- Company 550 Newport Center Drive Newport Beach, Cali fEorni a 92664 20 Mal 1 1 1970 Gentlemen: In response to your request of 4 February 1970, there is inclosed a permit authorizing excavation and the constru--tion of a bulkhead at Promontory Bay, Newport Beach, California. If it becomes necessary for any reason to make any material changes in the location or plans of the work, revised pl-3,ns should be sub - mi -ted promptly to this office in order that, if found to be unobjec- tionable from the standpoint of navigation, they may be approved as required by law before construction is begun. A form, in duplicate, is inclosed for your convenience in reDorting the status of work under this permit. One copy is to be retained in your files and the other returned to this office. Also inclosed for your information are copies of letters received from Southern California Edison Company and the Ocean Fish Protective Association. 4 Incl 1. Permit 2. Work status for -m (dupe) 3. Ltr fr So. Cal. 'Edison 4. Ltr fr Ocean Fish Prot. Assn. Since'Pt�_y yours., BERT J. LLEY colonel, CE District Engineer I L L TAAY '11970 THE P R 0117 C f 3 E L DIEPAIR-MiAlENIT OF TIHEE 'A'RN!Y ,I does riot gi-ve any v r; q I.-, a : th r e a, e st a -� e o - M:!- t S 'a hc: that "'his inst, Li �er. ITIV-1 -ror)P-rW 0- s' o 7, P or XCIU-ive and L�ot �'o�"; not au L-Z:e 21 j 1'-Y W j — , " ,, ; any e I , ss:ty of --S of re 1 -1 Is, -.no r does i" o-viaLle the nece frjngi2n1U1-1t Of I'Cdel:al, St,Ltk�, or 1CCa' 12--" t:() ights, or a! -,Y III sl�ate assrnt to tl.-- TArorK au"horizod. ...... -- PER11,111T u. S. Army 7n,.7;neen District, Los Angeles co�-Ps 0 f Er, 21, –J'n E) E–'rs C L Los Angeles� alifOrnia ------------------ - ------ The Irvine COmPanY 550 Newport Center Drive - %-.ewport Beach, California 92664 Gentlemen: te Referring to written request dated 4 February 1970 for permission to excavaL and construct a bulkbead ------ ndation of the Chief of Engineers, —T—ha—ve to inform You that, upon the recomme. the provisions Of Section 10 Of the Act of Congress approved March 3, and under 1899, entitl ed "An act meking appropriations for the construction, -repair, and preservation of certain.public works on rivers and harbors, and for other pur- poses," you are hereb - y authorized by the Secretary of the Army- 7egular shaped area about 2,300 feet long by 100 to 400 feet to excavate an irl C, (H�re describe the proposed atructUre or work.) wide and deposit approximately 290,000 cubic yards of material an sho e off the site and construct about 5,loo linear feet of concrete bulkhead ?jewport Bay (Here tc be named the, river. bsxl>or, or waterway concerned.) reward of and about midway between U. S-. Bulkhead Stations Elt a �.ocat gn, 6hq 1--kn.-.,-n 1.caEty—preferably a towm or C16 --and the distance in miles and tenths from vome dedult-a PoInt tq (Rere to ns-mt� L neare3t 'we i the 5.-ame, stazing whether above or below or giving direction by points off compass.) 101 and 200 in accordance with the plans shown on the drawing attached hereto marked Proposed (Or drawings; give fle number or ether definitp identification xnaxk.i.) Dredging and Bulkheading, Pro.montory Bay, Newport Beach, Calif. Application by. C, port Center"Dr. Ne -,Tor- Beach. The Irvine COMDany, 550 New subject to the followl-ng conditions: Er. k" -s-;", co-ps 9., (a) Tr�;i� S." uL' �;ubji_�zt to j�, :-, th�� ir-'�t�e3ts Of f a;; LY SUS�r_ and no at;��a s') 0 rno V orl- _1__L S, T1 la, in t��:� tend2ncv to CaLlSe -.0 large I-C'LISO ridf-cs across tlt�� be,-; of th-� Oep 1,,oje- that rn�y R_ S 1�� *ef t. If a ny ppe, -ire, or cable h.erpby aul-toriz-1 '-s !a;d n -a,.- �an!!el- or to the b-nlis 0� Ule e Lerwav shal! be avoided and the back ft'En.,Z; --ccoss "-e I- �-d CF the wa in a trericb. fo-11-Lon of permanent ial to be depos:-led, or ry inater shall be so done a.-5 not to iac,izase the coz;L oF fL,,ture �4­'gin, for navigation. A ark, I shaii be deposited or or on shore above higln­�'ti�r rn duurp,?']. 117.flor t'!is �"uthoriz-atio-, eit'rlcr i,i t.10 %V�_.tcry 1 thereon, within or behnd a �:rood t so prescrioe'a dumped at th�- 110­1itY s"O"' or' tl`e 0 r t,�: r,,. - ' n- scaDe at�!r,__j ir. the -waterwaY- If t! " mat - and substan'al bui:zltead or bulki-ead's, suca as Nvi;l rl­' -�r'.' e - 1 :-7 ad;--ent or tributary waters, or in Long Is,_-nd '_",rind, a York, or in — rial is to ba (I e p o s: �� e d i -, i t he h a rl)o r 0 Ta t..Ic Z�­pervisor of New York H_--bor New York CitY. permit therefor must be pre%iously cbtain­d fro (c) That there shall be no unrea-sonabie interference with na-vigation by the work herein authorized. sary in the interest, of navigation, (d) That ii. inspe&ion3 or any other ocerations by tlne United States are neces all expenses connected therewith shall be borne by the -.ermittee. M'Ltee or the owner to forbid the full and free use by the public of (e) That no attempt shall be made by the per � all navigable waters at or adjacent to the work or structure. That if -luture operations by the United States require an alteration in the position Of the structure or work -1 it shall cause unreasonable obstruction to the free herein authorized, or if, in the opinion of the Secretary of the Army, navigation of sai,! water, the ov.-ner -will be required upon due notice from the Secretary of the Army, to remove or -without expense to the United States, so as to render navi..-a- alter the structural work or obstructions caused thereby _. tion reasonably -free, easy, and unobstructed; and if, upon the expiration or revocation of this permit, 'the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners shall, without expense to the United States, and to such extent and in such time and manner ans the Secretary of the Army may require, remove all or any portion of the uncompleted structure or fill and restoreto its former condition the n---,i- laim shall be made against the United States on account of anysuch removal gable capacity of the viatercourse. No c or alteration. woek herein (g) That the United States shall no case be liab';e for any damage or injurry to the structure or for the conserva- authorized which may be caused by or result from future operations undertaken by the Government ses, and no claim or right to compensation shall accrue from tion or improvement of navigation, or for other purpo any such damage. d signals on any work hereby authorized is not otherwise provided for by law, (h) That if the display of lights an I , shall be installed a;nd maintained by and at the such lights and signals as -may be prescribed by the U. S. Coast Guard expense of the owner. the said dist I rict en-ineer at what time the work- will be commenced, and as - (i) 'That the permittee shall notify far in advance of the time of commencement as the sa:d district engineer may specify, and shall also notify him promptly, in writing, of the commencement of work, suspension OIL work, if for a period of more than one weelk resumption of work, and its completion. M That if the structure or work herein au' thorized is not completed on or before ------------------- ? 3.6-t - --------- day c fically extended, shall cease and of - ------------- P,_� mb ft r --------- 19-11, this permit, if not previously revoked or spe i be null and void. (k) That the permittee shall comply promptly with any regulations, conditions, or instructions afE.EL-ecting the work hereby authorized if and when issued by the M p 1!"+;nn Control Administration and/or the State water pollution rederall CLk.1;;J., - control agency having jurisdiction to :---:bate or prevent water pollution. �s t or prescribed by the regulations, conditions or instruction in effec- Water Pollution . Control Administration or State agency are hereby made of this permit. By authority of the Secretary of the Army: LAROBEERT J. Colonel, 1�,Mr District Engineer, C, (CiVil) Th.s supersetles ED Form 96. dAted 1 Apr 43, wbich mAy be UY-.4 Untr a.xhauszod- 11 N S' EFT14mg 1721 'j. .. w' --y 0'r"t 1,1--13158-5 Such Federal a condition Y Y; 7 C-,. U 0, 'D 1:.-%TTjk1f-1T-1--- C 01vi M -A "i _--�A- N -�l -:�-b ru!,).1- y 13 of Jo -int Harbor C om - N." e a - the C'Osino c f Z ne in, 0 1, b i n s a -posed. Questions an Ryokoff and, la-bor Co-TiL:-dissi oiler LO U -I-.ri- Prorriontory Bav ,i tt-e oossible effaCt3 of U -p- o e- Is tidal ebb currents uO-n the alre-ady eroding beacl--tes of' Ba]lboa, Island. '-�uastioils included ac- count-.-::�b,'Ity, should this erosion be exacerbated wlth tha addit-on al. ebb VO -LIAMe 3 generated by the project. C. Also questioned, was identification of responsibility for waterwa-,rS debris cleaning within the project itself after completion. Councilman Kymala directed the staff to review these aspects of the project and make a, report back to the Commit-11-ee, 1. EROSION: BALBOA ISLAND BE4CHES According to t -he engineers I have consulted on this subject, the prob- lem is t1hreefold. One problem, of course, is the littoraltransport- created by existing currents during tidal ebbing. A port-iozi of t1nis has been retard- ed by the groining project now being conducted in stages. Another aspect is the -oroblem created by the profile slope toward the channel' s middle* A third.influence, interestingly so, was pointed out as being the transport of rmaterial ayay from the beaches onto the sidewalks and strea.ts by sun- bathers and bathers. This materialis then swept by maintenance crews and hauled away., The exact order of value on these three sand 'Loss factors is unkno-wn to ine One s ituat ion is apparent, however, and it is obvious that groins are needed (and are installed) along the south side of the Little Island. Thus, the Problem is occurring on three sides having open bay ex- p o su, r -3 a - The, effects upon this problem by the opening of' �Promontory Bay may, or may not, have signi.-C-1cance., I base this upon the only mathematical values i--\ T M, r E Y 1\.1Q. �_ -.1 2 aVa_11ab'1e to at t1nils point iri time. (Exhibit 1) calculations; sub- mitt,ed by Raub, Bein, Fros-t', and 1:_'Lss,�Dciates, on Plugust 20., 1969,'. are com- pleted with a t] -dal ebb cu. ­ren' VelocIty of 0.34 feet per second. Convert- ed, t1riis is 4.1 inclnes per second., or .2.27 miles per 'nour, Their conelusion is that this _13 we!l, below the rate of erosion velocity, R E C 0 111111i'llE N D A T 10 N If the Joint Harbor Committee disa--ireas with the above calculations, and their conclusions; recommend to Council tnat t1hey demand a performance bond be posted by the developer to insure against any damaging effect upon +-he beaches in question when the project is opened into the Balboa Island North Channel., This might.require action through legal counsel. However, if the Irvine Companydesires to stand on the calculations, they might be willing to put up this bond in good fait -h, provided the cost is not prohibitive. 2* DEBRIS WITHIN THE PROJECT, ON WATERIWAYS;� CLEAi�ING RESPONSIBILITY A further review of material reveals that the project's waterways,were dedicated to the City, with an easement granted within the pierhead line to the owners within the development, Raub, Bein, Frost, and Associates address themselves to this problem in a letter.to the Irvine Company, dated August 29,, 1969* It is attached as Exhibit 2 Although the waterways are dedicated to the City,, and the debris cleaning responsibility would be the Cityts, for the waterways alone, it should not be a problem of much significance. The bay is projected to COM_ pletely flush during.a 38 hour period. If any problem develops, it will more, likely be isolated within the granted local owners' easement area, landward of the pierhead line. I cannot firid anything in the engineering firm's material which is T, Y Y 3 A d -1 T e c. t I v r-iated to oc,--acions deali,-nc- with hi-;�-,h winds. F'o-1 lnstanc�e, t'Cle heavy sou"L-1heaste--lies leading orcomi-Lng rain storrias , 1aeavy westerlies on the tl-ailing sides of rainst-orms, and the Santa. Ana. Winds. However, these are not- Prevailinc'; wilnds, they are sporadic. RECaOY,Y_'-NDAT!O_�,,TS 'At this stage of development, I do not know if a separate ED I.. R.. on the watenways could be required. This is a matter.for legal counsel, in view of the project's overall timing. However, permits have been granted,, C. and the developer has moved ahead within the parameters of these permits'* Should the.Joint Harbor Committee want to pursue this issue, I recom- mend that a special meeting be held with the Irvine Companyts representa- tives. The bulkheading is proceeding toward the Balboa Island North Chan- nel, and completion might be somewhat close to the next sch eduled J, H. C. meeting in March. Submitted by City of Newport Beach Marine Safety Department RO ED ReedY Director Attached: 2 Exhibits. By /16 12, DATEZ-0-,41969 13JECT,zZ:_?_ SHE ET NO.----/ ---- OF. -Jo ---- JOB NO CHKD. BY ------------ DATE -------------- - --- --------- - --------------------------------- ----------------------- TT ------- I --------- -:22 A�D, 5 -3. 77c-) .0 000000��,,� J 74;71 �'d Ae- AV- �7 (-7 7- Z). L__j .9:) r---1 L-4, k/ 7-3 ------------- RAUE3, BEIN, FRoST & AssOCIATES EN13INEERS Sc SURVEYORS PHONE 548-7723 P- 13- BOX 117 136 ROCHESTER STREET C13STA MESA, CALIFORNIA August 21, 1969 -EXH)151T 2e Mir. David A. Kaylor The Irvine Comp,2ny 5510 Newport Cent-zr Drive N"awport B . each, Cal-ifornia 92660 Dear,Vir. Kaylor: Rev Promontory Point Laccon Study Pursua'nt to your request-, I 1)ave analyzed Proxiontorij Point Lagoon St"Idy "B" to diterl?,-Ine Whether a problem %,All ex -S I" deb jz- biological pollu-40n. Also Ithe qu.-stion of e 1 t 1,11 , d , rl -. or rosion or acCretion ,in t�,e entrance ti'jh'arinel and lagoon was investigated ..The pr oposed Promontory Point Lagoon St-udy "B" encompasses -approxi- mately 10.� acres of water, rancling in deptth from -5'mean sea level daturn at the bul-head +.o a bo-l-L- 1,tcm "OPth Of -11 mean sea n Z in the laccoij, Ito feat ba3rviard froz��i tht bulkheadi The prevailinq w1nds in ihe area are fro -m the sout�,westt direCtion. (See Exhibit "A"). -The entrance chan.n.-.l tO the lag"On Joins the P-11orth Balboa island channel and is protected by Balboa 'Island fron, the main channel of Newport Bay. There is go -d circulation in NOrth Bal n- lboa Island channel. Any .debris which would enji.- , the "a -c -on would derive from -1-rash thrc.-�-,,n Into the lagoon %-Ithin the 11ago-r- itself or accasional "trash dri-fting into the. eiitrance of the I lagoon 0 -being carried by the prevalling -wrind and fleod t1ide. This floating debris should be alrost inconseqventlal, ai-,d wi-!,,-'h M -le 'In cl-an, un o 4bs r L, r, t - d bulkheading, -�s proposed for th-e perimeter of the lagoon, thle- d-ebris will col'11--ect at the f-irst bend in tfije cnLin- t to t- nel closes.. ne Bayside S!,onpi Canter and be s1wept ou�C due to, tidal flushing action. Since th-' cycle �ocCurs -twice daily -in 'Whis area, it is MY Opinion that mos" -1-r t i --lot all Of thle floating debris would leave the lagoon bY.'elaY of the entranice channel on an- ebb tide at tln!as �jhen the wind is calm. Mr. David A. Kaylor Page 2 August 21, 1969 One area of possible trash accumulation is in front of Lot 59 behind the groin t-,restterly of the beach. This can be alleviated by proper att-ention to th-c, dcsign oil the groin. As far as biological pollution is concerned,thiere are no sources of effluent discharge or larboe stom.,� drain systeris discharging Into this lagoon. Due to the geo-metry of the entrance and the slz-2 of the lagoon, the water will be replaced by the normal tidal action i-Mth approxi,m,ately the.same rapidity i-,,hich occurs in t - he lo;�.-er Newport Bay. It is therefore miy opinion that them. will be no biological pollution in excess of the acceptable li.mits as established by the Health De- partment. We have also analyzed the.bea& processes in the area and find no evidence of erosJon or accretion in the Balboa Island channel within the vicinity of the en-t-rance to this lagoon. Due to the low nan-scour- ing tidal velocity in this main channel, there appears to lbe no littoral .drift o-14' sand in this area which could tend to block the entrance. As far as accr"�Itlon of sand within the lagoon due to se-dement-ary de- positing of sand fron Ithle storim drain system is concerned, I feel that this is a problem o" temporary and minor consideration due to t,he small size of ithe drainage area contributing to th�e discharge into the lagoon. Any accretion should stop as soon as the residential area surrounding the lagoon and Upper Promontory Point area'is de- veloped and landscaping established. if you have any further questions regarding these matters, please call on me. Sincerely, RAUB, BEIN, FROST cot ASSOCIATES L -Jack G. Raub Civil Engineer JGR/cem. —TO Al F 1� p HEIjP047 A 6EAC, ISL !;D y A C �r4 N DEL MAK V EST JETTY VICINITY SKETCH EAST 14 E W P 0 XT bA? , CALIFORNIA 0 JETTY GWAML S-CALE-141LES NOTE : SOUNDINbS AKE E�PKESSED IN FEET AND DENOTE DEPTHS 16ELOW MEAN LOVER LOW WATEK. MA%IMUM WGE OF TIDE APPRO%. 10 FT. 14ARP60K LINES AZE. ESTA,61.1514ED IN T91S SECTION OF. 14EVPOFT 2, NY. 10 UL 4, le� CONC, LULKREhD *9.0 3 _40 SECTI 0 N A -A ILT.S. 77 .�j "74 ea 1,d .4 S 18e 114 't EXIST. WSIDE DR. P L A N p lot M 310 4141 Sao ULMAD LINE ?_ SCALL IN MEILHEAD KAU&-bEIN- FROST iE, ASSOC.— C15b UCHESTER log' 110' GSTA D R E D G I W G 80,milm. so 40' Ail D 2, U L.K " E A D I M p ROMONTOKY b A Y' (-t ULOCATED JkfSIDE DK, 14EW P 0 KT ZZA(II, CALIFORNi� SECTIO N U -THE MINE COMPAIlY WTS SSO %4EV?UT UNTE2. DZ. Promontory B_"ay Plan The Irvine Company has been before Newport Beach city government many times with plans for housing developments. But their proposed Promontory Bay plan is a horse of a different color. The difference is that Irvine Company wants to terminate a major thoroughfare — 11,000 -cars -per -day Bayside Drive — and reroute traffic. The proposed development is in the crook of Bayside Drive as it -swings. from Coast Highway near the riverboat restaur- ant toward Balboa Island. To develop a lagoon ringed by waterfront homes and yacht slips it is necessary to cut a channel through the present roadway. A high-level bridge appears out of the question. ' The plan is for old Bayside Drive to become a dead- end with a new Bayside Drive constructed along the foot of the bluff to handle through traffic. But that would leave the six Balboa Yacht Basin businesses on city -lease property isolated on the old Bayside Drive. -And therein lies thei rub. The businesses undoubtedly would suffer some from loss of drive-by traffic that might see their signs and turn in. It seems probable courts would decree some severance damages. The Irvine, Company representative told the New- port Beach City Council the company would not pay severance damages. Whereupon city councilmen called for more study. Real estate appraiser Cedric White says the market value of the entire city -owned property would be in- creased by the Promontory development because it would create more exclusiveness for Beacon Bay homes. Losses by the businesses in drive-in. trade shouki be nominal by comparison, lie says. I � �! Ci,,� councilmen need to satisfy themselves on this point. They are in a bargaining position to negotiate with the Irvine Company to share the cost of severance damages. Otherwise, the development looks de�sirable from the city's standpoint. Waterfront homes and yachts fit in nicely with the surroundings and there will be more view of the water for the public than there is now. The land on the overlooking bluff called Promon- tory,Point is another matter, however. It provides a natural vista and the city should hold out for no lbss than a public street around the rim like Ocean Boiile�- vard in Corona del Mar, as councilmen in the Prorrkpn tory Bay discussion gave some indication they Will do. -3�nt Ha--rt��,- 3 r. Uomr�,Ilttee Yep.-1-4-nLr -Feb. 1,35, Bays):-Lores il!arina !,.Scussi-on: IS "Vera distributed. Ba.Tward position of floats discuss -a L it Wa3 pointed out that the size of boats wcluld be 3malle-- -LIhan beffore.' A1,90, that they were considering putting sailboats on insIde tie3. A question fram t --hie Committee cam Ili- _e up on 'he degree of input experienced from.Bayshores residents Further, that PUtting sailboats on the inside should be a condition of thepermit. Sammson oointed out that exhaust fumes will.drift inshore because of the PreVaUi�g winds. Also, that boats had been tied there since the 1930fa. The homes had been built later. He said that sailboats will have a hard time maneuvering to inside ties. He talked of the mi&r-,hief problem with local children.0 He thought that any building constructed on the land., connected with the -marina, should be of minimum height. He recommended approval of Alternate No. 1. Mr. Frank James, a Bayshores resident, wanted the project held up until a tract -map is filed with the Real Estate Commission. He talked of in- gress and egress needs at both ends of the project. He reviewed public ,safety and traffic problems, both within Bayshores and on the highway near the bridge. He wanted any additional homes construction stopped.. He showed pictures of.traffic problems,, and stated that the N.'.B. Police were unable to enforce speeding within the Bayshores district, He also pointed out that Bayshores is not incorporated within the City. Alr..Kymla stated that the Bayshores Association should get together with the 72-ty on enforcement. He recognized the effort of all positions in working out the.problems related to the project, and that there had been a lot of tgive and take' throughout this -period. He agreed with Sampson's recommendation to adopt Alternate No. J., Mr. Ryckoff stated that he liked the E. I. R., and cited itts beneficial aspects. He briefly talked of the ingress and egress problem. However he posed the question of holding tanks. Were the . y.required? If not,_ they should be. Ken Sampson said they were part of the lease requirements. Mr. Ryckoff.wanted policing of holding tank requirements. ..Sampson said 1974 is the deadline. R ekoff replied that policing should be active from thenon, Samp�on then said that the entire field will ultimately pre empted. Federal Government anyway. by the Kymla. m ad e a. motion for approval of the project. Motion passed with sailboats being tied inside as a recommended condition. L eb. '3 - Con'!- -d 2. I H ull Cleanln- Or­-ance �oro-oosal Dave New of the Chamber of Commerce, reviev.,ef --he hist ----- of this o,-dinance proposal. and it Is enforcing problems. --e stated it mialht, t --e too early for passing, and that it needed fu-1,7_-1--er st-udy, especially in the area of bay bottom deposits. He also to get the Daint manufacturers involved. He suggested that the Dunes be the study zone since it was isolated from other areas. Frank Robinson said.that the C of C letter states that we should do nothine until a study is made, but statistics shot,�.r some things are happeningw He discussed paints. He then posed the question,.Where do you start?" Ryckoff asked Dave if his concern only relat-ed to boat yards. Dave New replied that his corcern was for the general boat- I ing pTb-lic. Robinson stated thata conversion of presented figures translated itself to approximately 1,000 boats of 261 to 301, and wanted to know if it constituted about 75"f of the floating, berthed boats in the harbor* Sampson said it was about 50%.9 maybe* New stated that some boats were scrubbed about once 8. month, and some at longer intervals. Also, that this would put s'ome firms out of busin- ess, especially all divers. He pointed, out the difference between hard and soft bottom paints,along with other problems* He thought that pas- sing the ordinance might encourage the use of the wrong kind of paints. KMla agreed with the need for further study, and ace-epted the Chamber of Commerce report. Coves DeveloDment Harshbarger gave a staff report on this project, pointing out that the Irvine Company hadrepresentatives on hand who could speak on it's be- half. Morris., of the Irvine Co. made a synopsis report using a demonstration- mole_16f the proposal. He submitted a land title.report. He stated that A- included city tidelands only, and therefore city policy was the project prevailing as far as they were concerned. He indicated that he wanted to avoid controversy, so they *ere proceeding with the City Council,, not the County for final approval* He addres&ed the question of exclus- ive use of boat slips. Also� he addressed the question of fisheries easement by identifying their ownership of land to extend to the bulk- head line. He.said they wanted to fill to the bulkhead line in ace-ord- ance with standard procedure per previous precedents. Robinson said that since 1960 there has been a loss, of fishing waters by bulkheading, and that perhaps now is the time to reconsider public needs for recreation. He also stated that he wants to see more beaches. 1;Torris replied that as things are now, the area isprivately owned, with `on`�-­-d 3. I _tC 3 S 7 :D Ine is -proposir 'D C'. ces -v i_ib 11 c g ub J., ac -le also observed tnat --he land had been offered pro ec U T1 U c, a e C�l `-e lity did not buy it, Fle showed where -I-- - - -1 -1 - ,,Y, buL. 1111 1_1 - --- -he s =--a! was cated oi.. the model. Ryckoff wanted to know where the sidE­.,-,!alk tied into the eIr-Ist- Lng public- s i d e w al"K s !.,,Iorris identified the locations on the modelo Robinson stated the past policies are in error. Everyone.should now be more responsive to,public need for recreation. Morris showed where an existing crumbling seawall is behind a mudflat. Ballinger wanted to.know who would maintain the public walkway. Kymla replied,that the City would undertake it. Ballinger then brought up the past problems with narrow walkways, citing shrubbery encroacIments, etc. Dave Kuhn said these walkway s would have a 'minimum width of five feet�. Kl,-mla stated that maintenance crews could utilize clippers to maintain wMkway width. BallinEer asked some -questions about land support area identified with public use. He also wanted to know about the "cut off"' of the existing ..marina to the westward, adjacent to this Droject. He asked if we should have public walkways along the:waterfront of the westward marina alsoo Morris then asked Ballin-er if it was practical. He stated that this' area was operated by the Me Lean Company. Kuhn said that there was not enough room at this time. Ballinger then asked about public restrooms on the Me Lean oper,ated,mar- ina. Kuhn said that this was Me Leants option* He thourrht that Me Lean was Tonsidering construction of restrooms. Ryckoff wanted to know more about restroom facilities within the Coves r-evelopments Kuhn said there was one near the pool area, however at this time was -not for public use. Ryckoff replied that maybe it.will suffice for public use. Kymla began finalizing by stating that exclusive use of the boat slips was not on trial here. He went on by outlining how Irvine has complied with City rules. Also, that the City did not purchase the land when it was offered. He said the issue now is to whether or not we should recom- Mend Council support. Feb. L5 Contl'--'_�ed 4 sc�irl he --,:ic1-."d.qualifLJ*Ledly approve. c ko Kvm1a made A --rotion '['or Joint Harbor Committee app. -oval. 0 for lack of a second, �K- --,an directed t'-rle staff to re -submit the pro�ect to ---e Council ITm 1 a L___ Ir approval, showing that the motion died irn the C o mm 7' It, e e T Fie U Joint Powers Agreement Samp s on a3ked that this item be carried over. Shoreline Encroachments: Harbor Island.(Porter's Complaint) This item was held over because Mr. Porter did not appear. NewDort Dunes-Pro.lect Proioosal Sampson requested that a joint meeting be held with tile City Council and the Harbor Commission in attendance, to discuss this project. Kvmla suggested that he make this request of the Mayor. Miscellaneous Item Robinson introduced Mr. Holmberg of the Department.of the Interior, Bu-. reau. of Sport Fisheries and Wildlife, Holmberg advised that they now had an office in Corona del Mar. Promontory Bay Ryckoff had a letter written by George Dawe -s to Sampson on the subject of an E. I. R* for Promontory Bay. He expressed concern for the,project's influence on erosion of Balboa Island beaches. He wanted to know who would be financially responsible if these beaches were eroded-. He also wanted to know who would pay for the cleaning of debris within the pro- ject waterways, Sampson stated that since this was a waterway dedicated to the City, that it would be a City responsibility. Robinson. talked of the current erosion problem on Balboa Island'now need- ing,groins for control. He asked about how much more would occurr with the introducing of the Promontory Bay channel into the North Balboa Island channel. Ryckoff stated that he was wondering if we should re -open the subject at this time. K7mla then said that the staff should review the project and make a re- port to the Committee on this subject. Robinson again po.sed the question of who would be responsible for further --b 125 - "join t �Jd 5. -ion which n e 1,o C3 Ved ioro-oe-r,'y dama-xe. It was -moved, and seconded., to close the -meeting. Vote E -�n an i -no u January 29, 1973 Mr. Kenneth Sampson, Director of Harbors, Beaches & Parks Harbors, Beaches and Parks District County of Orange 1901 Bayside Drive Newport Beach, California 92669 subject: Environmental Imp __act Report, Promontory Bay Project Dear Ken: Thank you for your letter of January 26, 1973, in which you express concern over the Promontory Bay project. The City has not received an Environmental Impact Report on the Promontory Bay project. After receiving your letter I checked with the Community Development De- partment, the Public Works Department and the Marine Safety Depart- ment, and have determined that all permits necessary have been issued to The Irvine Company for the subject project. These permits were issued prior to the City's requirement for an Environmental Impact Report. It is, therefore, my understanding that the City cannot require an Impact Report from the developer inasmuch as all City - permits have been issued. In addition to contacting the various departments, I have reviewed the Promontory Bay folder and have found numerous pieces of zoxre- spondence concerning this project. One report of interest was pre- pared by Raub, Bein, Frost & Associates, dated April of 1970. This report concerns itself with pollution and tidal current summary of the proposed project. The report contains comments from Omar J. Lillevang, a reputable marine engineer. While this report is not considered an Environmental Impact Report, it does address itself to possible erosion effect of the bay and proper circulation with- in the bay. The City has only one copy of this report and I am therefore reluctant to release it, but you and your staff are more than welcome to come to the City Hall and review the file and spec- ifically the report prepared by Raub, Bein, Frost & Associates. Attached you will find cop ies of material which may have been sub- mitted to you earlier, consisting of the permit granted by Xhe City of Newport Beach, a history of the Promontory Bay permits Page -2- compiled by the City's former Harbor and Tidelands Administrator, and a staff report dated August 10, 1970. While the City is unaware of any way to require an Environmental Impact Report on Promontory Bay* we would be very interested in knowing of any factual data or reports from your office which may indicate adverse erosion effects -or inadequate flushing action in the lagoon. Sincerely, ROBERT L. WYNN City Manager RLW:m CC: Comissioner Robinson Commissioner O'Keefe Councilman Kymla Councilman Ryckoff bcc: Captain Harshbarger Mr. Robert Shelton ;&� (�) (DUM7­)r C:>F= _ _"Y \ � January 26, 1973 CA P_ HARBORS, BEACHES AND PARKS DISTRICT KENNETH SAMPSON DIRECTOR 1901 BAYSIDE DRIVE NEWPORT BEACH, CALIFORNIA 92662 TELEPHONE: 834-4794 AREA CODE 714 Mr. Robert L. Wynn, City Manager P - City of Newport Beach City Hall, 3300 Newport Boulevard Newport Beach, California 92660 SUBJECT: Environmental Impact Report, Promontory Bay Project Dear Mr. Wynn: In response to our letter of November 27, 1972, your office recently trans- mitted a copy of an Environmental Impact Report on the Promontory Point Project. It is noted that the report covers the Promontory Point Project only, and not the Promontory Bay Project. Therefore, the impact of the Bay Project upon the waters of Newport Harbor is not included. Our November 27 letter outlined a general concern of the Newport Harbor Joint Harbor Committee as to the impact of the Promontory Bay Project on the waters of Newport Harbor. The Committee was concerned about the Bay Project, rather than the Promontory Point Project which apparently consists of grading operations of the hillside and planned construction of condo- minium units. The Committee's concern is in two principal areas and is restated: Area 1: The possible erosion effect on the shore of Balboa Island resulting from the tidal flows in and out of the Promontory Bay channel. Area 2 The impact of the new Promontory Bay channel as to accumu- lation of debris and its ability to be completely self - flushing in relation to maintaining a satisfactory level of dissolved oxygen to sustain aquatic life. We are, by copy of this letter, advising the members of the Joint Harbor Committee that a copy of the Environmental Impact Report on the Promontory Point Project is on file in our office for the members to review. It is anticipated that the Committee will discuss this matter at its February 13 meeting and that they will find this report does not address the issues which are of primary concern to the Committee. KS:LML:mph cc: Councilman Ryckoff Councilman Kymla Commissioner Robinson Commissioner O'Keefe Yo2urs /ver truly, I MONETH SAMPSON, D—irector VT Harbors, Beaches and Parks January 10, 1973 Mr. Larry M. Leaman, Chief of Operations County of Orange Harbors, Beaches and Parks District 1901 Bayside Drive Newport Beach, California 92662 Dear Larry: Sorry for the delay in responding to your letter of Novem- ber 27, 1972, concerning the Promontory Point project, and specifically the requirement that the City require an en- vironmental impact report. The City was in a transition stage with respect to adoption of a policy concerning en- vironmental impact reports. A decision has now been made to require a complete environmental impact report and process this report by the staff of the City. By carbon copy of this letter, I am requesting the Community Develop- ment Department to make a copy of the EIR available to you if we have,extra copies. It is the City's belief that the project has received all discretionary approval required and the only act remaining is ministerial in nature, such as the issuance of building permits. The staff, therefore, will review the EIR rather than the Planning Commission orthe City Council. If you have any questions, please feel free to contact either myself or Dick Hogan, Community Development Director. Sincerely, ROBERT L.. WYNN City Manager RLW:mm CC: Mr. Richard Hogan Community Development Director bcc: Mr. Robert Shelton KENNETH SAMPSON DIRECTOR U M-rY C) F= 1901 BAYSIDE DRIVE NEWPORT BEACH, CALIFORNIA 92662 ^N CA R TELEPHONE: 834-4794 AREA CODE 714 L 1 Novem r 27, 1972 HARBORS, BEACHES AND PARKS DISTRICT Mr. Robert L. Wynn, City Manager V, o - City of Newport Beach City Hall, 3300 Newport Boulevard Newport Beach, California 92660 Dear Mr. Wynn': - As you are aware, the Newport Harbor Joint Harbor Committee expressed some concern at its October meeting over the impact upon the waters of Newport Harbor of the Promontory Bay development presently under construction. Particular concern was expressed on the flushing aspects of the new Promon- tory Bay waterway, its ability for self-cleaning, and the affect of tidal flows out of the Promontory Bay project on the shore of Balboa Island immediately across the channel from the Promontory entrance. As a result of this discussion, the Committee requested that staff provide copies of pertinent documents describing the history of the Promontory Bay project and its analysis by District and City staff. With the assistance of your office, such material was obtained and distributed to members of the Committee, copies of which were also forwarded to you. With this background and submittal information, the Committee at its Novem- ber 14 meeting discussed the project further, with emphasis as to its impact upon Newport Harbor. The concensus of the Committee was that, although several independent studies of the Promontory Bay project may have been undertaken by consulting engineers, City staff, and perhaps the Corps of Engineers, there was uncertainty as to whether or not an analysis had been made on the impact of the entire Promontory Bay project. In other words, the Committee felt that a total impact evaluation had not been made, and that the fears of some over tidal and water quality problems due to this development and its accompanying population density have neither been dispelled, nor proven. By unanimous vote of members present (Councilman Kymla being absent), the Joint Harbor Committee agreed to request that the City of Newport Beach require a full Environmental Impact Report on the Promontory Bay project, including both the land and the water areas, and the affect of the project upon the waters of Newport Harbor, as well as the water of Promontory Bay itself. The Committee felt that such a report should be prepared and analyzed prior to cutting the Promontory channel through to the Balboa Island channel. This information is provided in order that the City of Newport Beach may be aware of the Committee's concerns, and initiate whatever action the City deems appropriate. LML: mph Yours very truly, N LAR1tM.V_EAMAI4,_Cffihf of Operations Secre a r y to Joint Harbor Committee 14ARINE SAFETY DEPARTMENT 70 Newport Pier 14ovember 30, 1972 Mr, Paul Thakur Project Engineer Irvine Company 610 Newport Center Drive Newport Beach, California Dear Xro Thakar: It has come to our attention that the Irvine Ccvipan7 is possibly planning a maintenance dredging prodect in connection with tile i5ayside Marina. The U6 So Army Corps of Engineers and the California Regional Water Quality Control Board now require a per- mit for dredging in any amount. The current city liarbor Permit Policies do not reflect these requirentents,, however they are in the process of being amended to reflect these changes, As soon as the changes have been made in the Council Policies, we will forward you a copy. In the mean- time, we will assist you however we can in acquiring the needed permits. Sincerely, Do 11arshbargerl Captain Marine Safety Department DH:lf CC: Chuck Saffellf Senior Dock Master &0Z hy MARINE SAFETY DEPARTMENT 70 Newj�ort Pier 673-3360 November 16, 1972 Councilman Paul Ryckoff City of Newport Beach City Hall Dear Mr. Ryckoff: Attached hereto are documents and correspondence which I believe are the most germane items# available within our files, involving the grants of easements for the Promontory Bay waters landward of the Pierhead Line* Please note that Captain Harshbarger identifies some papers which we would appreciate having returned, since they are either originals or are difficult to copy. if you have any further questions on this matter# please let me know. Sincerelyt MARINE SAFETY DEPARTMENT Ra Et Reed# Director RER3 lf cc: City Manager Builders of Tomorrow's Cities ... Today October 31, 1972 Mr. Richard A. Buee-rmann Executive Officer State of California Resources Agency Regional Water Quality Control Board Santa Ana Region 6848 Magnolia Avenue Riverside, California 92506 Subject: Promontory Bay Channel opening Plan Dear Mr. Bueermann: In conformancelwith the conditions.of the harbor permit and the requirements of the.Santa Ana Regional.Water Quality Con . trol Board, we are submitting for your review and approval. the enclosed plan for the final opening of the Promontory Bay channel. The plan is self explanatory and takes the'precautions necessary to preclude excessive turbidity. I would only add, in reference to Step 8, that the discharge from.the dredging operation will be behind the bulkhead into a series, of settling ponds. Also, we will be sure to contact your department and the City of Newport Beach at least forty eight hours prior to opening the gate valve mentioned in Step 7. our current schedule indicates this will occur in January of 1973. Should you have any questions concerning this plan, both myself and Mr., Penhall are available to discuss the operation in greater detail. Sincerely, David B. Kuhn, Jr. Project Manager Residential Project Admini-stration Attachment " cc: D. Harshbarger, City of Newport Beach Mr.'B. Nolan., City of Newport Beach Mr. J. Raub, Raub,, Bein, Frost and Associates Mr. A. Penhall, Penhall Marine, Inc. DBK:jdc The Irvine Cornp3rly 610 Newport (.eiter Drive Nev.00rt Beach. Califnnt- 92660 (714) 64d-3011 ,/EN11ALL TMARINE., 11, CONTRACT -ORS 223 - 21ST STREET. NEWPORT BEACH. CALIFORNIA 92660 AREA CODE (714) 675-3728 October 20, 1972 Irvine Co. 610 Newport Center Drive Newport Beach, California Attention: David Kuhn Dear Dave: In order to alleviate any pollution of Newport Bay, we are proposing to use the following steps to fill the Promontory Bay.project from the existing Balboa Island Channel: I Remove the -existing concrete sheet piles which project into the channel entrance area way - 2. Build the existing sand berm to form a levee approximately 15' across the top, and to a +8 elevation. 3. At a low tide, instal I a 10" pipe at approximately +2 elevation with a gate valve on one end. 4. Compact the berm by track rolling with the bulldozer. 5." Dredge the complete project from within, working outward to within approximately 25' of the berm. The water level should be at about a minus 3,at this phase of construction, within the project limits. 7. On a minus flood tide, open the gate valve to bring the water level iA the marina, to the approximste7 same. elevation as the bay. 8. After the waters on each side establish a common level, the berm will be dredged out and discharged behind the bulkhead. Should you have any questions, please contact me. Very truly yours, A. D. Penholl ADP/mak TO: Planning Commission 5. Ar Fi P ', /0 f! P *I 3e 4 7 in the street intersection that it should be deleted as a separate parcel and the succeeding lettered lots be relettered. The intended uses of the seven lettered lots are as follows: Lot A - public waterway including private pier and mooring facilities. Lot B - planting area Lot C - landscaping and scenic vista Lot D - marina, parking and private beach Lot E - publ ic park Lot F - not specif ied Lot G. - 1 andscaping and scenic vista Lot 62 will be developed in conjunction with the property to t4e south and east; most.likely as a restaurant site; and will require a separate use permit. Recommendation The final map has been checked and found to be in compliance with the approved tentative map, except as noted, and approval is recom- mended subject to the following conditions: 1. That all conditions of approval attached to Tentative . Map Tract 3867 be.satisfied except as amended herein. 2. That Lot "B" be deleted as a separated parcel and the succeeding lettered lots be appropriately re -lettered. 3. That street dedications not provided for on the final � map be completed prior torecordation of the final map. 4. That Condition No. 6 as attached to the Tentative Map be amended to provide for a 3 foot wide parkway on the northerly side of realigned Bayside Drive except where sidewalks are required, in which case the parkway shall be 6 feet wide, and that the parkway on the southerly .side of -realigned Bayside Drive be 13 feet wide to accommodate a bicycle trail. 5. That Condition No. 5 as attached to the Tentative Map be amended to read as follows: That access to Lots 44 through 61 shall be provided by means of drives located on common lot lines, each drive serving two parcels; and that adequate turnaround areas be provided so that vehicles need not back into the street. Cross easements or non -barrier agreements satis- factory to the City Attorney shall be provided so as to guarantee perpetuation of the.access arrangement. 6. That Condition No. 14 as attached to the Tentative Map be amended to read as follows: That all "side -on" garages shall observe a setback of at leas -L-. 6 feet measured from the Item No , 'I I TO:, Planning Commission - 6. property line. All garages which face onto a street shall observe a setback of. at least . 24 feet measured from the back of the sidewalk, or the back of the curb where there are no sidewalks. 7. That the C.C.& R.'s controlling the development and maintenance of this Tract shall be reviewed and approved, by the City Attorney and Director of Community Develop- ment. r mes eniorEVaunnzuemr J E N : h h Attachment: Vicinity Map Enclosure: Final Map Tract 3867 Item No . 11 City Council Meeting June 12, 1972 Council Agenda Number G-8 CITY OF NEWPORT BEACH June 8, 1972 TO: City; Council FROM: Department of Community Development SUBJECT: Final Map Tract No. 3867 Request approval of the Final Map of a previously approved Tentative Map subdividing 26.073 acres into 61 lots for development as single-family residential, 6 lettered -lots for a waterway, landscaped areas and a marina and 1 lettered lot for future development. LOCATION: Portion of Block 94 of Irvine's.Subdivision located northerly of Bayside Drive between Marine Avenue and Linda Isle Drive. ZONE: Unclassified, C -N -H and C -1-H APPLICANT: The Irvine Company, Newport Beach ENGINEERS: Raub, Bein, Frost & Assoc., Costa Mesa OWNER: Same as applicant. Recommendation At its meeting of May 4, 1972, the Planning Commission unanimously (Commissioner Martin being absent) recommended approval of Final Map Tract 3867 subject to the 8 conditions of approval as indicated Jn the attached excerpt of -the Planning Commission Minutes -of May 4, 1972. Staff Comment Condition No. 8 provides that Lot "F" and future access over Lot ��acent city owned property shall be resolved to the satisfaction of the City Council. Since the Planning Commission meeting on May 4th the staff has met with'the subdivider to resolve the use of this parcel. As indicated on the Sheet I of the Final Map, Lot "F" is offered for dedication to the public for landscap- ing, scenic vista and bulkhead maintenance purposes, In addition the staff also feels that a means of guaranteeing vehi-. cular access to the residual parcel formerly occupjed by the Shark Island Yacht Club and lying easterly of the channel entrance should be considered at this time. It is therefore recommended that an additional condition to the Final Map of Tract No. 3867 be added as follows: 4/ "That the subdivider shall record a covenant satisfactory to the -0.41 ty Attorney and the Director of Community Development which pro - v 'des access for vehicular ingress and egress from Bayside Drive across Lot B to the residual parcel lying immediately east of the channel entrance, Said access shall have a minimum width of 20 feet and shall remain until Such time as the -residual parcel is,combined with adjoining property or alternate means of access are provided, CITY OF NEWPORT BEACH HARBOR AND TIDELANDS DIVISION May 19, 1972 Tot CITY MANAGER FROM. Harbor and Tidelands Administrator SUBJECT: PROMONTORY BAY PERMITS You requested that I provid6 you information relative to the permit for dredging and bulkheading Promontory Bay. In December 1969, prior to Planning Commission action on the entire project, The Irvine Company provided basic data relative to dredging and bulkheading the proposed bay. These data were transmitted to the Regional Water Quality Control Board. the Los Angeles District Corps of Engineers, and the Director of the Harbor District for preliminary information with a request that those agencies advise me if more infor- mation was desired. The Corps of Engineers and the Harbor District were specifically advised of concern over water quality and the possible impact on beaches near the proposed bay and the Wate� Quality Board was asked for recommendations pertaining to conditions that might be imposed, if any. I n Ja nuary 1970, the Corps replied that the formal application, when submitted, would require thdir review of tidal exchanges for possible pollution problems and for impact on beaches and the North Balboa Channel. In February 1970, The Irvine Company formally applied for a permit from both the City and the Corps of Engineers. In that same month, the Joint Harbor Committee.approved the project in concept subject to other actions being taken by the City (master plan amendments, use permits, etc.). In April 1970, the Corps of Engineers advlsedt�at they had received no adverse comments or objections from any interested State or Federal agency and that a permit would be issued only after the Corps was advised of the City's position. Also in April, the Joint Harbor Committee approved the project after hearing a verbal report from the Harbor District Engineers and a report that the City Public Works Department had reviewed the. engineering and had no objections. It its approval, the Joint Harbor Committee conditioned the permit that "the applicant must take pre- cautions against creating excess turbidity." In April. the Corps was advised that the City had no objection at that time to issuance of a Corps permit providing the Corps was assured that there would beno water quality or beach erosion problems. 2 In May 1970, the Corps issued a permit conditioned as follows: "That the permittee shall comply promptly with any regulations, conditions, or Instructions affecting the work hereby authorized if any when issued by the Federal Water Pollution Control Administration and/or the State water pollution control agency having jurisdiction to abate or prevent water pollution." A portion of the Corps permit was a letter of March 1970 to the Corps from the State Resources Agency which reported thAt eight State epa tments had reviewed the application and that the State had no objections but that "all dewatering operations shall be done in a manner to prevent nuisance or unsightliness, and that if it is proposed that discharges from dewatering operations will be to the waters of the State, in this case to Newport Bay, then the proponent is requested to file a report of waste discharge with the California Regional Water Quality Control Board, Santa An& Region. The Department of Fish and Game notes that this project will increase the habitat available to fish and wildlife, and recommends that the following precautionary measures be taken: All excavated material will be disposed of and,,,- stabilized in a manner that will not'significantly increase the siltation into, or turbidity of, the waters of the State. For purposes of this permit the maximum amount of settleablesolids allowable shall be one milligram per liter per hour (lmg/l/hr) measured where runoff -water -enters waters of the State; no petroleum products shall be disposed of in the ex avated area; and all construction debris will be removed from the excavated area prior to opening the are to Newport -Bay." In August 1970,.the City Council approved the permit citing the requirements for the Corps permit and the Resources Agency. In December 197.1, The Irvine Company filed a request for waste discharge (dewatering operation) with the Regional Water Quality Control Vy/Board� After requiring an alternate contingency plan, the Executive Officer of the Board in January 1:972 authorized The Irvine Company to proceed adhering to the following requirements: no discharge if such waters contain visible solids, debris, oil or scum. "2. The waters of Newport Bay shall not be depressed In dissolved oxygen . . . below a level of 5.0 mg/l. "3. . . . shall not contain sulfides greater than 0.1 mg/l. "4. . . . no nuisances." In March 1972, the full Water Quality Control Board confi med the Executive Officer's action adding a requirement for chlorine control (less than 0.1 mg/1) and a requirement for a monitoring and reporting program. - 3 - In April 1972, The Irvine Company complied with the new regulations requiring applications for permits under the National Refuse Act of 1899. The Regional Water Quality Board has been inspecting the discharge operations at frequent intervals. To the best of my knowledge, The Irvine Company has been and is complying with discharge regulations except for one single event. The single exception was a limited sediment discharge which occured when a section of pipe was changed and the new section had dirt in it. The Irvine Company is planning controls so that there will be no massive inrush or outflow of water when the bay is opened up to the main harbor. The background file is located in the Marine Safety Department. Jll n� GEORGE M. DAWES GMD-.sh cc: Marine Safety Director Community Development Director City Attorney Mr. Robert Snyder, The Irvine Company Y Planning Commission'—Meeting May 4, 1972 Item No.- 11 CITY OF NEWPORT BEACH May 1 , 1972 TO: Planning Commission FROM: Department of. Community Development SUBJECT: Final Map Tract 3867 Request approval of the Final Map of,a previously approved Tentative Map subdividing 26.073 acres into 61 lots for development as single-family residential, 7 lettered lots for a waterway, landscaped areas and. a marina and 1 numbered lot for future development. LOCATION: Portion of Block 94 of Irvine's Subdivision located northerly of Bayside Drive between Marine Avenue and Linda Isle Drive. ZONE: Unclass ified, C -N -H and C -1-H APPLICANT: The Irvine Company, Newport Beach ENGINEERS: Raub, Bein, Frost & Asso., Costa Mesa OWNER: Same as -applicant. Application This application requests approval of the final map.of a previously approved tentative map subdividing 26'.073 acres into 61 lots for development as single-family residential, 7 lettered lots for devel- opment as waterway, landsca e areas, vista points and marina, and 1 numbered lot (Lot number 62� for future development. Planning Commis- sion procedures are outlined in Section 19,16.140 of the Newport. Beach Municipal Code. Background This fi.nal map covers the Irvine Company project known as "Promontory Bay". The property is largely in an Unclassified District with small portions.in the C -N -H and C -1-H Districts, and was approved through use permit procedures by the Planning Commission on February 19, 1970 and by the City.Council on June 8, 1970 (UP -1466). The following conditions of approval were attached to the use permit by the Commi.ssion and confirmed by the Council: 1. That approval of Use Permit%No. 1466 be subject to satisfactory demonstration of the engineering feas- ibility of,the proposed lagoon design and issuance of a harbor permit. 2. That an amendment to the Master Street and Highway Plan is approved. 3. That Parcel No. 3 and Parcel No. 4 be approved in principle only and be subject to a separate use permit for each of the two parcels. 4. The Irvine Company:will undertake to rezone Parcel No. 9 to single-family residential and Parcel No. 1, to include any designated channel cut, to an un- classified district. Item No. 11 TO: Planning Commission -2. 5. Parcel No. 2 subject to approval of Planning Director; however, Planning Commission does not waive any part of the parking requirements of the parcel . The above conditions,have been satisfied as follows: 1. Harbor Permit No. 200-000 was approved by the City Council on August 10, 1970. 2. Master Plan Amendment No. 25 was approved by the Planning Commission on February 19, 1970 and by the City Council on June 8, 1970 subject to the following conditions: a. That the Bayside Shopping Center parking lot be redesigned to the satisfaction of the Planning Director, and constructed con- currently with construction of realigned Bayside Drive. (Plans have been submitted and approval is pending.) b. That access requirements to the Shark Island Yacht Club and the adjacent apartments be restored to the satisfaction of the Planning Director. (The Shark Island Yacht Club has been relocated; access plans for the apartments have been submitted and approval is pending..) 3. Parcel 3 is not a part of the tentative or final map. Parcel 4 is shown as Lot 62 and will be developed at a later date under a separate use permit. 4. Rezoning has been initiated. 5. Parcel 2 is shown as Lot "D" on the final map and is indicated as being "for marina, parking and private beac h pu rpo s es " . Tentative Map Tract 3867 was approved by the Planning Commission on March 5, 1970 and by the City Council on June 8, 1970 subject to the following conditions ! : 1. That final approval be subject to the approval of Use Permit 1466 and the conditions,thereto. 2. That final approval of the subdivision be subject to approval of an appropriate revision to the Master Plan of Stree t s and Highways. 3. That final approval of the subdivision be subject to the abandonment of certain existing public rights- of-way as contemplated and to satisfactory arrangements. being made for dedication:and improvement.of the,new rights-of-way required. 4. That final approval of the subdivision be subject to satisfactory arrangements being made to relocate existing facilities of the Orange County Sanitation District and of other affected utilities. 5. That access to Lots,27 through 34, 42 through 44 (and unless a frontage road is provided - all parcels al,ong:realigned Bayside Drive), be provided by means Item No4 11 TO: Planning Commission - 3. of drives located on common lot lines, each drive serving two parcels; and that adequate turnaround areas be provided so that vehicles need not back into the street. Cross easements or non -barrier agreements satisfactory to the City Attorney shall be provided so as to guarantee perpetuation of the access arrangement. 6. That unless a frontage road is provided, the right- of-way width of realigned Bayside Drive be.at least 86' and the.curb-to-curb width be at least 70'. This cross section will provide for 4 travel lanes, 2 eight foot wide parkways, a 12' wide median left turning lane and an 8' wide parking lane on the southerly side. (Alternate "B" on the attached drawings.) 7. That the new cul-de-sac be located entirely on the developer's land. 8. That the design of the new intersections of -re- aligned Ba.yside Drive with existing Bayside Drive be subject to review and approval by the City. 9. That all improvements be constructed as required by ordinance and the Public Works Department. 10. That the boundary of the final tract ma.p be checked by the County Surveyor before being submitted to the City for approval . 11. That all grading be in accordance with grading plans, and reports approved by the Public Works Director and a qualified Soils Engineer. Upon completion of the grading, the Civil Engineer and the Soils Engineer shall certify that the grading has been completed in accordance with the plans, the soils report.and the grading ordinance. Reproducible copies of the plans on standard size sheets.shall be furnished to the Public Works Department. 12. That the connecting street southeasterly of Lot "B" be 52' in width between exterior curbs in order to provide for a,20' entering roadway, an 8' median and a 24' exiting roadway. 13. That all driveways be a minimum of 20.' in length from the property line to ensure no parking will be in the public right-of-way. 14. The portion of Lot "E" not included in the public right-of-way, resulting from the closing of Bayside Drive, be dedicated to the City, and the existing right-of-way of Bayside Drive west of the proposed waterway be retained under public control. 15. A length of tangent be,provided between the two reversing curves,at the east end of the development adjacent.,to the existing Bayside Shopping Center. 16. Parkway trees be installed on all public rights-of- way in accordance with Parks, Beaches and Recreation Department specifications. 17. Appropriate landscaping be installed on all slopes Item No. TO: Planning Commission - 4. and vacant spaces resulting from this development. 18. A setback plan allowing for a variation of front and rear setback lines.be submitted to the Planning Director for approval. 19 That there be no City financial obligations. connected with construction of realigned Bayside Drive. 20. That realigned Bayside Drive be constructed to its full width in connection with the development of Tract 3867. Conditions,added by the City Council. 21. That the Planning Department and Irvine Company work out details,for a bicycle trail along Bayside Drive. 22. That provision be made for adequate off-site signing for the Balboa Yacht Basin. Analysis The conditions applied to the tentative map have either been satis- fied or are in the process.of being met with the exception of those conditions which pertain to the actual development of the residential units (driveway length, landscaping, setbacks, etc.). There have been four significant changes -as follows: I. The number of lots fronting on realigned Bayside Drive has been reduced by one. Those lots shown on the tentative map as 50 feet wide (t) have been increased to 55 feet in width (±) and the total number of residential lots fronting on Bayside Drive (realigned) has been reduced fr-om 18 to 16. (One lot was previously deleted by a revised design which allows for private water access to each parcel.) 2. The provision,for common driveways for each pair of lots, as required by Condition 5, has.been included in part. The applicant'has widened those lots abutting Bayside Drive (realigned) in order to provide a separate turn -around area on each lot. The approved tentative map would permit a total of 48 driveway openings (including 9 on realigned Bayside Drive) while the final map proposes 52 (including 8. on rea.ligned Bayside -Drive). 3. Condition 13 requires that�all driveways be.a minimum of 20.feet..in length and th.e applicant proposes garage setbacks of 6 feet.for those lots fronting on realigned Bayside Drive and 14 feet.for all other 1 o t s . 4. Condition No. 6 requires an 8 foor wide parkway on each side of realigned Bayside Drive. As a result of the bicycle trail required by the City Council (Condition No. 21) the parkway on the northerly side of Bayside Drive has been reduced to 6 feet.where a sidewalk is necessary and 3 feet in other areas, and the parkway on the southerly side has been increased to 13 feet to accommodate the bicycle trail. The Public Works Department feels that since Lot "B" is an island Item No. 11 TO: Planning Commission - 5. i n the s treet i nters ec ti o n tha t i t s ho ul d be del eted a s a separa te parcel and the succeeding lettered lots be relettered. The intended uses of the seven lettered lots are as follows: Lot A - public waterway including.private pier and mooring facilities. Lot B - planting area Lot C - landscaping and scenic vista Lot D - marina, parking and private beach, Lot E - public park Lot F - not specified Lot G.- landscaping and scenic vista Lot 62 will be developed in conjunction with the property to the south and east; most,likely as,a restaurant site; and will require a separate use permit. Recommendation The final map has been checked and found to be in compliance with the approved tentative map, except as noted, and approval is recom- mended subject to the following conditions: 1. That all conditions of approval attached to Tentative Map Tract 3867 be.satisfied except as amended herei.n. 2. That Lot "B" be deleted as a separated parcel and the succeeding lettered lots be appropriately re -lettered. 3. That street dedications not provided for on the final map be completed prior torecordation of the final map. 4. That Condition No. 6 as attached to the Tentative Map be amended to provide for a 3 foot. wide parkway on the northerly side of realigned Bayside Drive except where sidewalks are required, in which case the parkway shall be 6 feet wide, and that the parkway on the southerly side of -realigned Bayside Drive be 13 feet wide to accommodate a bicycle trail. 5. That Condition No. 5 as attached to the Tentative Map be amended to read as follows: That access to Lots 44 through 61 shall be provided.by means of drives located on common lot lines, each drive,serving two parcels; and that adequate turnaround areas be provided so that vehicles need:not back into the street. Cross easements or non -barrier agreements satis- factory to the City Attorney shall be provided so as to guarantee. perpetuation of the access., arrangement. 6. That Condition No. 14 as attached to the Tentative Map be amended to read as follows: That all "side -on" garages shall observe a setback of at least 6 feet measured from the Item No., 11 TO: Planning Commission - 6. property line. All garages which face onto a street shall observe a setback of at least 24 feet measured from the back of the sidewalk, or the back of the curb where there are no sidewalks. 7. That the C.C.& R.'s controlling the development and maintenance of this Tract shall be reviewed and approved by the City Attorney and Director of Community Develop- ment. ames L._"nuz­um enior PTanner J E N : h h Attachment: Vicinity Map Enclosure: Final Map Tract 3867 Item No.— 11 0 AXY 0�- 7� 1 . ....... . 151 .14 SI N Sil 15) A co Ing Ilk 6D n V.T V 01 �101 CV � AVlk , :V, �iq. (\j . 3.4y5ioE , -4� Iv 14 Aq, OV CITY OF NEWPORT BEACHz April 27, 1970 TO: City Manager FROM: Harbor & Tidelands Administrator SUBJECT: OWNERSHIP OF PRIVATELY CREATED WATERWAYS The proposed development of Promontory Bay again brings up consideration as to whether privately created waterways should'remain in private ownership, be dedicated as public rights-of-way, or be granted to the City. The City Engineer and the Harbor & Tidelands Administrator visited Ventura t&obtain their opinions and also separately discussed the situation with Huntington Beach. These two cities have situations analogous to ours� In Ventura, a private developer created waterways leading into the public marina and further established single family and multiple family residences bordering the waterways. The residents were formed into a community association. The waterways were subsequently granted in fee to the City with a perpetual easement to the residents for pier purposes. The reasoning in requiring granting of fee ownership to the City was based on their experience in'pr'ivate' streets and they felt that the association would, over a period of years, never give proper mainte- nance to the channel -ways and that ultimately the City would inherit them when they were in poor condition and with high maintenance costs. The City now performs maintenance in these waterways, but assesses the water- front owners to cover the cost, In Huntington Beach, privately created waterways were also granted in fee, from bulkhead line to bulkhead line, with perpetual water easements for pier purposes. Huntington Beach cited the same reasons as Ventura as far as maintenance was concerned, but the City also felt that they were greatly simplifying police problems. They had had experie I nce in one small privately owned waterway where they were constantly responding to requests of the residents to chase public boaters away. The City is of the opinion that their harbor patrol has no right to enter the private waterways for enforcement purposes unless invited by the owner. On April 14, the Orange County Harbor Commissioners expressed their opinion that the dredged area at Promontory Bay should be dedicated to a public agency. The rationale for their opinion was not included in the letter from the Harbor District to the City Manager, but the Harbor District Operations 'Officer states that they were.influenced by maintenance and law enforcement considerations as outlined above. t�COMMENDATION: It is recommended that the p . rivately created waterways in the proposed Promontory Bay development should be granted in fee to the City for the following reasons: a. Maintenance: There should be little initial maintenance cost. goweverl The Irvine Company intends to sell the individual lots fronting - 2 - on the waterway so that there will be multiple ownership of the shoreline. Future maintenance problems could then involve a number of shoreline owners, plus a private owner of the waterway, plus the City and the Harbor. District. Future maintenance problems could best be handled in a coordin- ated approach by the City or Harbor District. In requiring granting of fee ownership, it should be taken from bulkhead line to bulkhead line with the bulkheads themselves being the responsibility of the abutting property owners as is the case in the'rest of the City. If necessary, conditions can be imposed upon The Irvine Company in the harbor permit relative to external factors that might affect the lagoon such as, for instance, excess sedimentation from storm drains during upland development, or any possible adverse affect creation of the lagoon might have on adjacent public areas. b. Water Quality: It is possible that the lagoon could become a catch basin for debris entering from the main harbor in which case the City and the Harbor District could find themselves constantly harassed by the waterfront owners who would claim., "The debris came from public waters so you clean it out". It would be better to have the responsibility in the first place. C. Law Enforcement: It is difficult for boaters, particularly those who may visit the City from other areas, to determine who owns the land underlying the water. A rash of calls from residents at Promontory Bay could occur -when other boats cruise around the.lagoon, which they are sure to do. It would be better to have the waterways public in the first place. Further, the Harbor District believes their enforcement authority is questionable in private waterways. d. Proliferation of Ownership: There are four different types of ownership of submerged lands in Newport Harbor. By requiring granting of fee ownership, the City would be taking a step towards eliminating one type of ownership. e. Future Contingencies: It is difficult to forecast con tin-, qencies many years from now,, therefore, the City would be retaining an option forthe future if it owns the waterways. While granting of fee ownership is recommended, and present harbor permit policies adequately protect shoreline owners insofar as pier rights are�concerned, water easements for pier rights could also be reserved. Should the Council agree in this recommendation, I suggest we draft a formal policy to this effect for the Council Manual. G. M. DAWES GMD/db California Regional Water Quality Control Board Santa Ana Region ORDER NO. 72-8 Waste'Discharge Requirements for The Irvine Company at Promontory Point, Newport Beach The California Regional Water Quality Control Board, Santa Ana Region, f inds that: 1. The Irvine Company submitted a report on waste discharge dated December 21, 1971. 2. The Irvine Company proposes to discharge approximately 800 gallons per minute from a surface dewatering operation to Newport Bay in connection with the construction of a marina a� Promontory Point, Newport Beach. 3. The board adopted an Interim Water Quality Control Planion . June 9, 1971. 4, The beneficial uses of Newport Bay are: Water Contact Sports Fishing Propagation and Sustenance o.,l!' !,Iquatic Life Boating Aesthetic Enjoyment S. The board has notified.the discharger and interested agencies and persons of its intent to prescribe waste discharge require- ments for the proposed discharge. 6. The board, in a public me eting, heard and considered all comments pertaining to the discharLae. 3 IT IS HEREBY ORDERED THAT The Irvine Company shall comply with the follow- ing A. Waste Discharge Requirements 1 Discharges to Newport Bay shall be limited to those resulting from dewatering operations. 2. Discharges to Newport Bay shall not contain any visibl e solids, debris, oil, or scum.. Order No. 72-8 - continued The Irvine Company at Promontory Point Page 2 3. The dissolved oxygen of the waters of Newport Bay shall not be depressed below 5.0 mg/l by this waste discharge. 4. The discharge shall not contain total sulfides greater than 0.1 mg/l. 5. The waste discharge shall create no nuisances at the dewatering site or at the point of discharge to Newport Bay. 6. The dis ' charge shall not cause any scum accumulation or discoloration in the waters of Newport Bay. 7. In the event chlorination of the discharge is required,, then the discharge must be controlled so that the chlorine residual is less than 0.1 mg/l. 13. Provisions 1. The discharger shall comply with the Monitoring and Reporting Program No. 72-8 and the General Provisions for C� Monitoring and Reporting as specified by the Executive Officer. 2. Compliance with Requirements (1), (2), (5), and (6) shall be based on each visual observation by the staff of this board or other responsible agency. A minimum of two inspections per month shall be performed by the staff of this board. 3. Compliance wit-1-1,Requirements (3), (4), and (7) will be based on each analy.sis,specified in Monitoring Program 72-8. I, Richard A. Bueermann, Executive Officer, do hereby certify the fore- 4 - going is a -full, true, and.correct copy of an Order adopted by &.he California Regional Water Quality Control Board, Santa Ana Region, on February 24, 1972. RIC--YiRD A. BUEERMNN Executive Officer California Regional Water Quality Control Board Santa Ana Region Monitoring and Reporting Program No. 72-8 for The Irvine Company, Promontory Point, Newport Bay Monitoring Monthly monitoring reports shall be submitted to this board by The Irvine Company prior to the 10th day of each month for the preceding 30 -day period. 2. In reporting the monitoring data, the discharger shall arrange the data in tabular form so that the date, the constituents, and the concentrations are readily discernible. The following shall be included in the monitoring report: a. A "grab" sample shall be collected each day and analyzed for the following constituents: Total Sulfides Chlorine Residual* b. Once per week, and when a discharge is occurring, a representative sample of Newport Bay waters within 50 feet of the discharge point shall be taken and analyzed for dissolved oxygen. C. The total quantity of waste discharged to Newport Bay for the reporting period shall be recorded. d. The above reports shall be signed by a responsible officer of -The Irvine Company and shall be submitted under penalty of perjury. 3. All analyses shall be performed in a laboratory currently certified to perform such analyses by the State Department of Public Health or a laboratory approved by the Executive Officer. All sampling and sample preservation shall be coordinated with the analytical laboratory. *Chlorine residual analyses will be required only if the discharge is chlorinated. Ordered by RICHARD A. BUEER1,1AITIT Executive Officer February 24, 1972 J -Infine Builders of Tomorrow's Cities ... Today February 3, 1972 Mr. George M. Dawes Harbor and Tidelands Administrator City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92660 Dear Mr. Dawes: Per your request, attached is correspondence regarding the Water Quality Control Board permit for Promontory Bay. If you,need additional information, please do not'heg-itate to contact me'. Very truly yours, David B. Kuhn Jr. is Project Engineer Residential Engineering DBK: j dc Attachment The IrvineCompany- 550 Newport Center Drive- Newport Beach, California 92660 -(714) 644-3011 '.,;TA7�� OF CALIFORNIA—RESOURCES AGENCY RONALD REAGAN, Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD - SANTA ANA REGION 6848 MAGNOLIA AVENUE RIVERSIDE, CALIFORNIA 92506 January 25,,.1972 Irvine Company 550 Newport Center Drive Newport Beach, California 92660 Attention: Robert L. Snyder, Residential Engineering This will acknowledge receipt of supplemental information necessary to complete your report on waste discharge dated December 21, 19,71. Based on the above, this board will be setting specific! requirements in the near future. Due to your need to proceed with construction, you may do so guided by the following tentative requirements which may or may not be materially altered by the board at adoption: 1. There shall be no discharge from dewatering operations at this site to Newport Bay if such waters contain visible solids, debris, oil or scum. 2. The waters of Newport Bay shall not be depressed in dissolved oxygen by these dewatering discharges ,below a concentration of 5.0 mg/l.. 3. The dewatering discharge shall.not contain total sulfides greater than 0.1 mg/l. 4. There -shall be no nuisances created at the de- watering site or at the dewatering waste disposal area in Newport Bay. It might be advisable for the Irvine Company to avail itself of some field test kits for sulfide,, dissolved oxygen and chlorine residual. ,In the event that any problems occur where the above require- ments are being exceeded, the contingency plan will have to be implemented. This may require shutting the project down C3 RECLIVED for the short period necessary to receive the waste discharge requirements which officially are adopted by the board. JAN 26 1972 THE IRVINE COMPANY RESID&UT)AL ENGINREMBW Irvine Company Newport Beach, Ca 92660 -2- 1-25-72 Please notify this office prior to startup of this phase of oonstruction so that a reasonable field monitoring program will be set up. eIC RD A. BUEERMANN Executive Officer January 17, 1972 Mr. John M. Zasadinski State of California Resources Agency Regional Water Quality Control Board Santa Ana.Region 6848 Magnolia Avenue Riverside, California 92506 Subject: Promontory Bay Dear John: This will confirm our telephone conversation of January 14, 1972 concerning the availability of chlorination equipment that might be required for this project. The Fisher Porter Company indicated that a 250# Unit is stocked locally by Ecio-Matics and, consequently, would be i -n -mediately available to us if the need arises. At the outside,, assuming the equipment was not locally available, the distributor indicated that a chlorinator could J - be shipped in within 7 to 10 days. Very truly yours, Pobart L. Snyder, Manager residential Engineering V RLS.- j dc January 7, 1972 State of California Resources Agency California Regional Water Quality Control Board Santa Ana Region 6848 Magnoliac' Avenue Riverside, California 925006 Attention:. Mr. Richard A. Bueerman Subj ect: P r omo n -I--- o ry Bay Dear Mr. Bueerman: Reference your letter dated January.3, 1972 re-,-:�irdin,- the need for addit-iona'l details of our contingency plancin the event the discharged ground water deterior CP rates to an unaccept-able level and requires chlorination. I have discussed this problem with Mel Whitt and Len Har+L . --ford of Brown and Caldwell. Their.r-ecommendation based on an assured discha-rc-e rate of .4 to .8 M.G.D. and H S contamination -w C� 2 as. to construct a rapid mix chlorination system �vith a contact -1--ank or b basin. The ptim—ped discharge would be chlorinated, discharged into C.") the contact chamber, and t'h�e-n allowed to gravity flow to our dischar-e line. A list of the major equi-rmatie-,I­ nd its availab-1_1-it'y 0 . L _L E -a L is attached for your inforonatt-ion. I estimate that such a system could be created easily wit"hin. a -t,.vo week period. We anticipate that during this setup ti-,a.e th.,a d-;Lsc;-iarce can be diverLed to niL_ ID the sa tary s-�wer. Preli-mi-Liary arran-ements have beep, made With Mr. Roy L;2wis of 4 S I? j Sanitation Ict -No. 5 for t' is al-i-er-na-iiVe. T E_ also seerints practical 'EhaL L!Iae pum-ping o-oeration could be ter-minat-ed durin'- setup I CD t-itne if required. T -�,70­uld also like 'to point our that our testinc, botil geo] ocic ;-In d water quality, has not indicat I k U ed even a reimote -chance of high ,.i?S conCentration. i H-MIY b-21ieve that our construction siLe is of an enti--cely di ' Eferent:. character from. the Nfewport 'high ri.se that vresented so -much trouble. Deep e-xcavation of s-L:o�rm drains . a Ln- d S -ewer lines in thils. VICInity have presented no problem in- the p as t- . I can point -to rhe recent trunk se wer crossing at the Pacific CD Goast Highway bridge as a pri[me example. The excavation there,, Tne Comp2ny 55,U) Cen�er Drive - N�'­"m'O!-t B��,)Oh, C.?Ilforn�a 92-660 - (714)S�4-�,01 i -A t T-9,11orm"I's ciw�s Today January 7, 1972 State of California Resources Agency California Regional Water Quality Control Board Santa Ana Region 6848 Magnoliac' Avenue Riverside, California 925006 Attention:. Mr. Richard A. Bueerman Subj ect: P r omo n -I--- o ry Bay Dear Mr. Bueerman: Reference your letter dated January.3, 1972 re-,-:�irdin,- the need for addit-iona'l details of our contingency plancin the event the discharged ground water deterior CP rates to an unaccept-able level and requires chlorination. I have discussed this problem with Mel Whitt and Len Har+L . --ford of Brown and Caldwell. Their.r-ecommendation based on an assured discha-rc-e rate of .4 to .8 M.G.D. and H S contamination -w C� 2 as. to construct a rapid mix chlorination system �vith a contact -1--ank or b basin. The ptim—ped discharge would be chlorinated, discharged into C.") the contact chamber, and t'h�e-n allowed to gravity flow to our dischar-e line. A list of the major equi-rmatie-,I­ nd its availab-1_1-it'y 0 . L _L E -a L is attached for your inforonatt-ion. I estimate that such a system could be created easily wit"hin. a -t,.vo week period. We anticipate that during this setup ti-,a.e th.,a d-;Lsc;-iarce can be diverLed to niL_ ID the sa tary s-�wer. Preli-mi-Liary arran-ements have beep, made With Mr. Roy L;2wis of 4 S I? j Sanitation Ict -No. 5 for t' is al-i-er-na-iiVe. T E_ also seerints practical 'EhaL L!Iae pum-ping o-oeration could be ter-minat-ed durin'- setup I CD t-itne if required. T -�,70­uld also like 'to point our that our testinc, botil geo] ocic ;-In d water quality, has not indicat I k U ed even a reimote -chance of high ,.i?S conCentration. i H-MIY b-21ieve that our construction siLe is of an enti--cely di ' Eferent:. character from. the Nfewport 'high ri.se that vresented so -much trouble. Deep e-xcavation of s-L:o�rm drains . a Ln- d S -ewer lines in thils. VICInity have presented no problem in- the p as t- . I can point -to rhe recent trunk se wer crossing at the Pacific CD Goast Highway bridge as a pri[me example. The excavation there,, Tne Comp2ny 55,U) Cen�er Drive - N�'­"m'O!-t B��,)Oh, C.?Ilforn�a 92-660 - (714)S�4-�,01 i California Regional Water Quality Control Board Mr. Richard A. Bueerman January 7, 1972 much deeper.than ours, was dewatered without a trace of H2S or any other contaminate. This project was completed as recently as four months ago and the dewater operation continued for att C:) least 'Lour months. Please advise me as soon as possible if any additional information is required, or it is my understanding that the above information is all that is required to complete ouOr reDort. Very truly yours., Robert L. Snyder, Ma-oa-er Residential Engineering RLS:jdc Attachment IR STAT_EOF . .-ifORNIA—RESOURCES AGENCY RONALD REAGAN, Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD - SANTA ANA REGION 6948 MAGNOLIA AVENUE RIVERSIDE, CALIFORNIA 92506 January,3, 1972 The Irvine Company 550 Newport Center Drive Newport Beach, California 92660 Attention: Mr. Robert L. Snyder, Manager Residential Engineering This will acknowledge receipt of your report on waste discharge for a dewatering operation connected with the development of the Promontory Point Marina. The report contains minimum information regarding the possibi-lity of potential problems with the quality subsurface waters that.will be pumped out and discharged to Newport Day. Having only one sample for a project that will extend for one-half mile will require, that these results be interpreted very conservatively. The contingency plan which is necessary because of the uncertainties of f5e `­Crua_1i_t_v___o__f­t­he. subsurface waters is not sufficiently des- cribed. Possibly this is the item referred -to in your report wherein discharges that are found to be a problem will be diverted to the sanitary sewers on a short-term basis. We do not believe this is acceptable as stated because, if the problem is one of sulfide, there would be immediate need for pre-treatment prior to discharge to the sanitary sewer. Since this would require certain special equipment which might not readily be available at the time of need we believe that the previously mentioned contingency plan must be more fully developed as part of this report on waste discharge. Furnishing this information will complete your report on waste discharge. We hope you will have the contingency report available soon so that we can begin processing your requirements. RICHARD A BUEERMANN Executive Officer RECEIVED jrt B S 197Z --it COMPARf 1 -1.11 Builders of Tomorrow's Cities ... Today i -ul n , , I I December 22, 1971 State of California Resources Agency California Regional Water Quality Control Board Santa Ana Region 6848 Magnolia Avenue Riverside, California 92506 Attention: Mr. Richard A. Bueerman Executive Officer Gentlemen: Attached is our completed Report of Waste Discharge. The grading plan and water analysis we delivered to your office on December 10., 1971 should be made a part of this report. In addition we attach a report from Associated Laboratories showing the results of their analysis of a sample collected on December 14, 1971. This sample was taken from the dis- charge of a well point that was placed to a depth of 12 feet MSL. The discharge was allowed to run 30 minutes before the sample was taken. The well point was placed approximately 20 feet North of the bulkhead line adjacent to Lot 17. We anticipate that the wastewater generated will be of a high enough quality that it can be discharged directly into Newport Bay at the location indicated on the grading plan. If the quality deteriorates to an unacceptable level we have made arrangements to discharge water on a short -"term basis in the sanitary sewer in Bayside Drive. During this interim period we will be able to design and construct a treatment facility to correct the unacceptable characteris- tics of the discharge water. We hope that thes.e arrangements will be satisfactory. Very truly yours, Robert L. Snyder, Manager Residential Engineering RLS:j 1p Attachment I I 10 Irv'('(', Compally - 5,,0 N,,wV;,(;, I C,w,l :)rl"'o -:,I �!,.%p )f! RE�!tich- Ca I, I wm�i 92660 - (7 14) 6,111-301 1 ASSOCIATED LABORATORIES TESTING & CONSULTING Chemical Microbiological* Environmental -MAN ORANGE, CALIFORNIA 92668 7i4/639-1650 714/533-5303 I P 15 W. CHAP AVENUE Fs -i' ;922 The Irvine Conilpany Laboratory No.--.— 20 1 55G Ne,.-ir)ort Center Dri ve 12 /2 1 Date----- I'lewport Beach, California We have receivedi ycur sample of--.-- water --- R EC E i V E D._ 12/14/71 MARKED as and fOUndi B -0-D. (5 day @ 35.'F) 6 mg/liter (pQm.) P H 7.00. Electrical Conductivity (ECxl06@25'C) 6,250.0 mmho/cm. SLI I f i des 4 0.01 ppm. N', i t ra te s 0.25 ppm. Color Nil Odor Normal Resygctfully submitted, TLP/'f-r Thf- is �j As,o,.!,iled are confid­nfi�:l property of our clients and may not be reproducer! or LISrt,171 for pt,blication in -,r m fu!i Nvilh:)ut our permission. Thii ;s in Mutual protection to our clients and ourselvc,5. STATE OF CALIFORNIA �AE RESOURCES AGENCY OF CALIFORNIA CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD REPORT OF WASTE DISCHARGE Pursuant to Division 7 of the State Water Code (A) REPORT FROM: Name The Irvine Company Attn: Mr. David B. Kuhn (owner of Facility,Municipality,County,District,Firm or Individual) Mailing Address 550 Newport Center Drive Newport Beach, CA 92660 Telephone No. 714- 644- 3419 (B). DESCRIPTION: I. WASTE DISCHARGE: (check) FOR USE OF REGIONAL BOARD WRCB Form 200 Rec'd: Duty Fee: Letter to Discharger: Report Rec'd-. Effective Date. 1. New discharge . . . . . . . . . . . . . . . . . . . . . . (X:4 2. Existing discharge . . . . . . . . . . . . . . . . . . . 3.. increase in quantity of discharge . . . . . . . . . . . . 4. Change in character of waste . . . . . . . . . . . . . 5. Change in place or method of disposal . . . . . . . . . . 6. Exact location of point of disposal (describe)(attach map or sketch) II. WASTE TREATMENT FACILITIES': (check) 1. Construction of entirely new facilities . . . . ... . . . 2. Enlargement of existing facilities . . . 3. other (explain)- Temporary treatment: ta�ciftiies' will be constructed if required. (C) TYPE'OF WASTE DISCHARGE: (check) 1. Sewage only i . . . . . . . . 2. Industrial wastes only . . . . . . . . . . . (xA Ground water only 3. Mixed sewage and industrial wastes . . . . . . . . . . . 4. Solid wastes . . . . . . . ... . . . . . . . . . . . . . (D) QUANTITY OF WASTES: 1. Present flow (in mgd) 4. 2. Design flow (in mgd)_ .4 to , 8 MGD 5. 3. Present population (E) SOURCE OF WATER SUPPLY: 1. Surface ( ) Ground (X) 2. Name of Stream 3. Type - Water Rights Riparian 4. Municipal or utility service ( Design population Solid waste disposal site (in cubic yards) — Amount 1 .4 tn .8 mcm Appropriation ( ) Permit or License ( ) (F) AMOUNT OF FILING FEES - (See attached Fee Schedule) Amount of fee accompanying Preliminary Waste Discharge Report $_I 00 ALL OF THE STATEMENTS CONTAINED HEREIN ARE TRUE AND CORRECT TQ__rMjT_ BEST OF MY KNQWVDG ,r�� AND BELIEF AND ARE SUBMITTED UNDER PENALTY OF PERJURY. !::Z�4 SIGNATURE OF AUTHORIZED P1 B, Kuhn Title Project L�ngineer 7Manaefer,Cierk,7,ngineer,consultant,etc.) Date —December 21, 1971 You will be notified of the correctness of filing fee and submittal of any additional information deemed necessary to complete your Report of Waste Discharge pursuant to Division 7, Section 13260 of the State Water Code. WRCB Form 200,(12-69) -;2 0 6 - e�'w 1kaub,'1;Beiq,'Fz-ost Qtc,9ssociates PROFESSIONAL ENVIRONMENTAL ENGINEERS & PLANNERS November 1, 1971 Mr. George M. Dawes Harbor and Tidelands Administrator City of Newport Beach 3300 Newport Boulevard Newport Beach, California Dear Sir: On behalf of our client, The Irvine Company, and in accordance with your standard requirements for the application of a Harbor Permit for new construction in the City of Newport Beach, we are hereby applying for a revision to the harbor permit to dredge and bulkhead the Promontory Bay development in the vicinity of Beacon Bay. The proposed two revisions are: (1) the elimination of a boat slip marina and the addition of a sand beach easterly of Lot #62 and southerly of relocated Bayside Drive, and (2) the relocation of two lots, previously numbered 45 and 46, so as to provide an opening to the proposed bay from relo- cated Bayside Drive. Also transmitted hereby are finished dredging and bulkheading plans for your review and approval. We have applied to the U.S. Army Corps of Engineers for a navigation permit, and they are now reviewing it and setting it for public hearing. Enclosed with this application are four copies of the drawing indicating the revised new work which we propose. As The Irvine Company is very anxious to begin work on this project, and your approval is required before any construction can commence, we would be most appreciative of anything you can do to expedite the approval of this permit. If you have any questions or need any further information in order to approve this revision, pleasjz—,pontact me. nc rely, JJick G. Raub il I ivil Engineer JGR:cd Encls. cc: The Irvine Company P.O. BOX 117 0 136 ROCHESTER STREET, COSTA MESA, CALIF el" ala- 9ZI5,27 (V711) 548 423 102 CD ---_--__-_......... ............... __-- --'-___'__............ '----------- ........ - EAC AMD VEST JETTY T CH VICINITY SKE EAST GRAPHIC, SCALE MILES ---- N OT E. : SOUNDINbS ARE E�PRESSED IN FEET` AND DENOTE DEPTHS 15ELOW MEAN LOVER LOW WATER. MA11HUM RWE OF TIDE TION OF 14EWPORT 6 NY. 100, LL (59c. LULK9END SECTION A -A S141, 4 EXIST 6AYSIDE DR. tg 16ULKqEAD LINE «v PIEMAD _JODI 841 SECTION 6-6 t-UiO@T0 MWDE DK. &U ED D AND �ULKHEADIMG ` THE IRVINE (DWANY CITY OF NE.WPORT BEACH MEMORANDUM: FroM Assistant City Manager To ... T.I-DELAND.S...ADM I Ni STRATOR Since this project with the bay configuration as drawn has been approved by all necessary agencies, I think it would be inadviseable for the City to independently reopen the question. I think this was understood at the time the Beacon Bay -matter was considered. Attachment R6PlY wanted C) Reply not neces"ry [3 By. .... . ............... ...... N4 20 July 26, 1971 TO: Assistant City Manager FROM: Harbor & Tidelands Administrator SUBJECT: RE-EVALUATION OF PROMONTORY BAY You will recollect that when the issue arose of transferring the Balboa Yacht Basin lease to The Irvine Company, that the mayor was interested in a re-evaluation of entrances to Promontory Bay. Since the lease has been transferred, I have heard nothing further on this subject. Is it dead, or do you desire me to proceed with a re-evaluation? Timing is rather critical because The Irvine Company is beginning to accelerate construction of the bay. 0 G . M . ADS'Ah TWAIE S9 GMD/db OFFICE 2 So 1971 CM OF WlYPORT 8E4C'4 CALIF., July 26, 1971 TO: Assistant City Manager FROM: harbor & Tidelands Administrator SUBJECT: RE"EVALUATION OF PROMONTORY BAY You will recollect that when the issue arose of transferring the Balboa Yacht Basin lease to The Irvine Company, that the Mayor was interested,in a re-evaluation of entrances to Promontory Bay. Since the lease has been transferred, I have heard nothing further on this subject. Is it dead, or do you desire me to proceed with a re-evaluation? Timing is rather critical becaus e The Irvine C ompany is beginning to accelerate construction of the bay. G. M i DAWES GMD/db 0 C3— RONALD REAGAN, Gcyernor S',AtE 'OF CALIFORNIA CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION SOUTH COAST REGIONAL COWMSSION 666 E. OCEAN BOULEVARD, SUITE 3107 P. 0. BOX 1450 mun'tty LONG BEACH, CALIFORNIA 90801 Com MeOt Deqe%OP (213) 4364201 (714) W-0648 Dept. 7AV- RESOLUTION OF APPROVAL AIND PERMIT Cx of -V ,.C%A, C Application Number: P-12-28-73-2450 Name of Applicant: Mr. Russell S. Penniman 17802 Sky Park Circlev Suite 203, Irvine 92664 Permit Type: Standard, Administrative = Emergency romentory Point, Ne fort Beach Development Location: #3 P" W'P Development Description: Construction and installation of a new slip float within the established 50' pierhead line. Commission Resolution: I. The South Coast Conservation Coru-nission finds that the proposed, development: A. =W_ will not have a substantial adverse environmental or ecological effect in that: —the project will cause minimal environmental or ecologic —impact. W.6 njjjj.L %J V C" CA43." L -;.L L" -L V B. Is/±mxmxrt consistent with the findings and declarations set .forth in -Public Resources Code Sections 27001 and 27302 in that: it will not hinder preservation of coastal zone resources for future maintenance plannin'-'* C. Is sub4:e-.t to the folloi.,in- other resultant statutory provisions and policies: City of Newport Beach Ordinances. D. Is/tzxm= consistent with the aforesaid other statutory pro- visions and.policies in that: approval in concept has been issued. E. The following language and/or drawings clarify and/or facilitate carrying out the intent of the South Coast Regional Zone Con- servation Commission: application, site map, plot plan and approval in concept. II. Whereas, at a public hearing held on February 11, 1974 (date) at Long Beach (location) by an unanimous vote hereby approves/&K��� the �TplicatFo_nfor Perm -it Ni=ber P-12-28-73-2450 pursuant to the California Coastal Zone Conservation Act of 1972, sub— ject to the following conditions imposed pursuant to the Public Resources Code Section 27403: None Resolution of Approval and Permit Page 3 III. Said terms and conditions shall be perpetual and bind all future owners and possessors of the property or.any part thereof unless other -wise specified herein. IV. Section 560 of the Regulations of the California Coastal Zone Conservation Conirission specifies that no structure or area of land or water shall be used or occupied in the manner authorized by the per -mit or in any other manner until the Executive Director has issued a Certificate of Compliance -vrith the terms and con— ditions of the permit. .V. The grant of this permit is further made subject to the following: A* That this permit shall not become effective until the verifi— cation has been returned to the South Coast Regional.Conser— vation Commission upon which copy all permittees have acknow— ledged that they have received a copy of the permit and under— stood its contents. Said acknowledgement should be returned within ten working days following issuance of this permit. Vi. B. That upon completion of the activit L tth' zed by this permit t � � Hi y u . 0 the permit"!(sA shall e "Notice of ComDletionll , 11 _- le i J& rector of this nt�M s sl n Regional Co s n. C. That said development to.be commenced on or before .180 days from effective date of approval Therefore, said Permit (Standard ' kd=L zrnl­� Number P-12-28-73-2450 is hereby grantedAbente& for the above described deveiop.rient only—, subject to the above conditions and subject to all terms and provisions of the Resolution of Approval by the South Coast Regional Conservation Commission. VII. Executed at Long Beach California on behalf of the South Coast Regional Conservation Commission on February 27 1974�_. A A A -A M.J. CarUnterQ/ Executive Director wk 8 1-73 Ad Al j, SHT- NO. T- NO. DETAIL NO. OF MEMBE 9 OF AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS SERIES OF DATE "I Its EAST 1100ADWAY. AWARCIM, CALIPOPINIA MIS - TELIPHON1 17141 771.3110 .41 al Ad Al j, SHT- NO. T- NO. DETAIL NO. OF MEMBE 9 OF AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS SERIES OF DATE "I Its EAST 1100ADWAY. AWARCIM, CALIPOPINIA MIS - TELIPHON1 17141 771.3110 NF U_ CITY OF VvpoFj'T MEACH AIND PERMISSIOM C�v MAINTAIN Tl� AT THE S' THE AMN is mc___ q. AND 4 A c RDINATO�ft _z� 200-000 DATE O-E-RMIT-NO- Or IA 751, t --- WA zz* co VA 77: VA it co jo co I 4:�; �-fjv L lu F Foy.; I.N COMMISSIONERS ROLL CALL Motion Second Al 1 Ayes CITY OF NEWPORT BEi A ,P MINUTES June 3, 1971 INDEX further that the proposed ordinance in its present form has been sent to approximately 40 homeowners' and civic associations, chambers of commerce, the Newport Harbor -Costa Mesa Board of Realtors, etc. This amendment contains several definitions which would be added to the Code for off-street parking purposes; a definition for the term "bedroom". 11carport" and "garage". The following persons spoke in opposition, some stating they had not had sufficient time to review the ordinance. Ed Vanden Bossche of 121 - 40th Street; Thomas H. Blandi, 4109 Seashore Drive; Francis J, Horvath, 4525 Roxbury Drive, Corona del Mar; Harvey D. Peas(, 304 Collins, Balboa Island; Joe Casala, 812 West Ocean.Front, Balboa. Mr. George Woods of 115 Apolena Avenue, Balboa Island spoke for the Balboa Island Improvement Assn., and stated they feel as a general rule, the proposal is desirable and no further postponement should be made. Mr. Charles Griffin of 208 Opal, Balboa Island, also spoke in favor of the proposed amendment. Mr. Tom Hyans of the Central Newport Beach. Communily Association stated they received their copy on May 27th and asked that the matter be deferred until the next meeting. Chairman Jakosky observed that it appears some of the associations have not had an opportunity to review the latest amendment to this ordinance and in all fairness to them and to the -City, the item should be continued. x The Commission concurred and the application was x continued until June 17, 1971. Item 9., Request to permit the construction of a 536 unit USE apartment house complex. TERMIT NO. 7T94 Location: Portion of Block 94, Irvine's Subdivi- sion, located on the southwest corner APPROVED of Pacific Coast Highway and Jamboree Road, north of the proposed realign- ment of Bayside Drive (Promontory Poi nt) . Page 9. COMMISSIONERS CITY OF NEWPORT BE.* - _H ROLL CALL. Junp 3-1971 MINUTES INDEX Zone: Unclassified Applicant: The Irvine Company, Newport Beach Owner: Same as applicant Zoning Administrator Hewicker presented the appli- cation to the Commission and explained the differ- ence in this application and the original use permit which was denied by the Commission on January 5, 1971, subsequently appealed, and then referred back to the Commission by the City Counci Mr. James E. Taylor, Director of General Planning Administration for the Irvine Company addressed the Commission, introducing into the record the following documents:, 1. A copy of the 1963 Master Plan for the Promontory Point area which designates this area for a combination of high density, multi -family and commercial development. 2. A copy of the Precise Land Use Plan for Use Permit Application 1466 which was considered and approved in part relati.ve to the Promontory Bay Project. 3. A map indicating the land use that existed as of February 1971 in the general vicinity of Promontory Point. 4. A revised site plan and architectural renderings. 5. The staff report written by the Planning Department for the January 5, 1971 meeting recommending approval. 6. A copy of the traffic access and circu- lation study that was conducted by J.D. Drachmen, Associates, Transportation Consultants hired by The Irvine Company. 7. Transcript of the meeting of January 5, 1971 containing the complete comments of the traffic consultant Mr. Robert Crommelin, who was hired by the Balboa Island Association as well as the comments of Mr. Robert Jaffe, City Traffic Engineer. Page 10. COMMISSIONERS CITY OF NEWPORT BE, _ZH 0 0 0 ROLL CALL — June 3. 1971 MINUTES INDEX 8. A copy of a letter from Mr. Crommelin, to the Planning Director for the City of Newport Beach clarifying a state- ment made At the public hearing of January 5, 1971. 9. Minutes of the Planning Commission meet- ings of November 5, 1970 and January 5, 1971 relative to this item. Mr. Taylor explained the changes that had been made in the proposed development and Mr. William Watt, Director of the Multi -Family Development Section of the Irvine Company indicated these changes on a large display rendering. There was a lengthy discussion regarding the various phases of this development including the vista corridor, vista points, the streets within the development and a park which the Irvine Company would dedicate to the City in exchange for the excise taxes which would accrue to the City for an apartment complex of this size. Mrs. Lois Chambers of Balboa Island inquired whether the streets would be available for public u s e . The following persons spoke in opposition to the proposed development: Bill Thompson, Balboa Island Col. Selim Herring Franklin, Balboa Island Al Kelso, 207 N. Bayfront, Balboa Island Allan Beek, 28 Beacon Bay Harvey D. Pease, 304 Collins The following persons spoke in favor of the pro- posed development: Lee Henley,.Clown Cleaners John J. Elliott, Resident E. W. Dakin, 1220 Dolphin Terrace Karl Barnum, 2901 Cassia Street Chick Iverson, 445 E. Coast Highway James P. Felton, 1839 Sabrina Terrace Mrs. Anne Thomas Lundy representing the Women's Civic League of Newport,Harbor.stated they had not had ti.me to reply to the letter from the City and requested a geology report of the area. Page 11 . COMMISSIONERS CITY OF NEWPORT BEk �H 0 Un 0-1 ROLL CALL June 3, 1971 MINUTES INDEX Motion X After a further lengthy discussion, the applica- Second x tion was approved subject to the following condi- Ayes X x xx tions: (A complete transcript of the hearing is Noes X xx on file in the Community Development Department.) 1. That action of the Planning Commi.ssion shall constitute a recommendation to the City Council, and final determination of this application shall be decided by.the City Council 2. That a resubdivision and parcel map be filed, prior to issuance of building permits. 3. That utility and street improvements be constructed as required in conjunction with the resubdiviston and appropriate surety and ' agreements provided guarantee- ing completion of the improvements. 4. That private streets conform to the City Private Street Policy, with the geometric design and structural section to be approved by the Public Works Department. 5. That public vehicular access to those private streets serving the vista points be irrevocable. 6. That precise design and location of all entrances and exits to public streets shall be subject to approval by the Director of Public Works. 7. That a traffic signal and related channelization be installed at the developer's expense at the connection with Coast Highway, with the design to be approved by the Traffic Engi,.neer. 8. If the City Engineer and the City Traffic Engineer feel that the Coast Highway entrance, as signalized, is hindering the flow of traffic in that area of the City, a grade separation shall be commenced (prior to January 1, 1974) and that on or near that date, and prior to the commencement of construction of said grade separation., that those two parties report to the Planning Commission their analysis of the situation as they have studied it. Page 12. COMMISSIONERS CITY OF NEWPORT Bb. -'H MINUTES ROLL CALL June 3, 1971 INDEX 9. That easements providing public pedestrian and bicycle access to the development shall be provided in locations meeting the approval of the Director of Community Development, and in a manner meeting the approval of the City Attorneyo 10. That detailed landscaping plans, includ- ing a watering system and schedule for installation, shall be prepared by a landscape architect and shall be subject to approval by the Director of Community Development. Said landscaping may consist of lawn, trees, shrubbery and other plant materials and shall provide for immediate erosion control and perimeter planting of. the entire site. The landscaping and watering system shall be installed in accordance with the approved plan and shall be properly maintained. In the event installation of landscaping is not completed on schedule, the City of Newport Beach may require a reasonable guarantee forcompletion of said landscaping. 11. That landscaping adjacent to Bayside Drive be designed so that sight distance prob- lems will not be created. 12. That all swimming pools shall be enclosed with fencing as required by the Building Code. 13. That all trash shall be stored in closed containers located, within walled enclosures. 14. That all development shall comply with the requirements of the Fire Marshal. 15. That identification signs not to exceed forty square feet per face (double faced) shall be allowed at one entrance on East Coast Highway and two entrances on Bayside Drive. Final design, including copy and lighting, shall be subject to approval by the Director of Community Development6 16. That the developer shall be responsible for all precautionary actions necessary to protect the quality of the waters of Newport,Harbor during grading operations, and shall prepare and submit erosion control plans and specifications designed, Page 13. COMMISSIONERS CITY OF NEWPORT BEA j-1 0 0 LA 0 V 0 tP LA .& ROLL CAL June 3- 1971 MINUTES INDEX to prevent deposition of sediment. 17. That the question of acquisition and dev- elopment of the one and one-half acre park site adjoining Bay5ide Drive for public use shall be determined by the City Council. If the City Council decides not to acquire the park site said area shall be developed for private recreation use exclusive of a public vista and vehicu- lar parking area. In either event, ease- ments providing public vehicular access to the park or vista shall be provided in locations meeting the approval of the Director of Community Development and in a manner meeting the approval of the City Attorney. 18. There shall be no obstructions projecting above the. south curb elevation of East Coast Highway within a triangle bounded by Jamboree Road, the easterly end of the south property line, and line projecting southwest from the intersection of East Coast Highway and Jamboree Road, at an angle to be determined by.the Director of Community Development that will encompass the view of the Pavilion. 18(a) The main entrance shall be maintained as as a view corridor with a width of between 250 and 282 feet, and no grade w *thin that strip of land shall be above the elevation of the highway as it passes that opening. 19. Thata building setback of not less than sixty feet, measured from the curb faces, be established from Jamboree Road. 20. That a beach area, available to residents of the Promontory Point apartments,shall be provided at Promontory Bay (south of Bayside Drive). A legal description defin- ing said area shall be submitted to the Director of Community Development and made a part of this application. 21. That the design and improvement of all recreation and view areas, both public and private, shall be subject to the review and approval of the Director of Parks, Beaches and Recreation. Page 14. E—i AQ' DEN37E DHTHS U M RkMG� OF -FIDE 5LIS14ED IN IRIS SCLTION OF �IEVUJ I�NY. \C LL (09C. LULK�EAD lu S E C T 10 R A -A 4e - x /14�/ C// '174 )4 '64 S 4 4,o t8 _4 ;li�T DK- P L A N 0 �o all X0 ULYgEAD LI NE r7F',A:�U7 b E IN k 0 S i � A SS 0 CC. sb sTKEz-, Z,4 A N D 1, 0 L K A D 19 G M 0 W T 0 KY b k Y, 'li EW P 0 RT 6E A (14, CALIFOKNIA 't- ULOCATIED V61DF H. 1 76. IM2 SECTIO N 6-6 THE RVINE CORANY KEVISID V O(T igil SSQ IIEWPORT CENIEk N. =11slull"Al A DEL MAR �kv EST JETTI EAST j! -L 'ETly S�.,E E—i AQ' DEN37E DHTHS U M RkMG� OF -FIDE 5LIS14ED IN IRIS SCLTION OF �IEVUJ I�NY. \C LL (09C. LULK�EAD lu S E C T 10 R A -A 4e - x /14�/ C// '174 )4 '64 S 4 4,o t8 _4 ;li�T DK- P L A N 0 �o all X0 ULYgEAD LI NE r7F',A:�U7 b E IN k 0 S i � A SS 0 CC. sb sTKEz-, Z,4 A N D 1, 0 L K A D 19 G M 0 W T 0 KY b k Y, 'li EW P 0 RT 6E A (14, CALIFOKNIA 't- ULOCATIED V61DF H. 1 76. IM2 SECTIO N 6-6 THE RVINE CORANY KEVISID V O(T igil SSQ IIEWPORT CENIEk N. MY OF NEWPORT' -ACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERrE HIEREOF, AT THE SITE INDICATED, SURJECT TO THE PrG�;SIONS OF THE HARBOR PERMIT POLICIES OF NEWPOPT REACH AN!,. ANY SPECIAL CONDITIONS LISTED HEREON. TENS PERM., #S NOT TRANSFERABLE VV;T HOUT TI -Ir VVAiTTF-N C 0�15--NT THE CITY HARBOR C0OjZD..1j1.�,jToT .Z Oft CITY COUNCL. Ti; RIGHTS GIVEN UNDER THIS PERMIT ARE P, k-- r , ISSIVE ONL. AND THIS PERMIT MAY BE ft--V-0t',ED UY THE ITY COUNCIL IN ACCORDANCE WITH .1 IT�ej 7 1 ,,,qF,T51E filUN IPAL CODE. -I-oo -000 PIEP?*V!T !6'-** C I T V -H A Ft 9 6r--ZC SPECIAL CONDITIONS REQUIRED: 1. Approval of the Corps of Engineers. (Corps of Engineers Permit was issued on 20 May, 1970) 2.- Approval of the Joint Harbor Committee. (Approved on 14 April, 1970.) 3. That the applicant observe I precautions against creating excess turbidity as outlined in the State Resources Agency's . letter of 25 March, 1970. 4. That the waterway, up to but not including the bulkhead, be dedicated to- the City of Newport Beach. 5. That the bulkhead design be approved by the Public Works Director. 6. That there be no overhead wires or lines over the entrance channel and that any underground utilities in the'water area have a minimum of five feet of soil cover 7. That the Harbor and Tidelands Administrator and the Santa Ana River Basin Regional Water Quality Control Board be notified 48 hours in advance of opening the proposed channel to the main harbor. APPROVED AUG 10/ By The CITY COUNCIL CITY OF NEWPORT BEAC�-j TO Planning Commission '2. 4 Im That u t i I i ty and street provements be. constructed as required in conjunction with the resubdivision.. 56 That private streets conform to. the C i, tY Private Street Policy. 6' That precise design and location of all e . ntrances and exits to public street -s shal I be subject to approval by the -Director of Public Works. 7 That all costs related to the design, purchase and instal lation of traffic signals at the entrance to East Coast Highway shall be the responsibili�ty of the developer.,,�,�­' 8 That easements providing public pedestrian and i icycle b access to the development shall 'be provided in locations meeting the approval of the Planning Director, and in a. manner meeting the approval of the City Attorney. 9 That detailed-land'scaping plans, including a watering system and s chedule for installation, shall be prepared by a landscape architect and shall be subject to approval by the Planning 'Director. Said landscaping may consist of lawn, trees, shrubbery and other plant materials and shall prov.ide for immediate erosion control and perimeter plantin.g. of the entire site. The landscaping and watering system shall be installed in accordance With the approved plan and shall be properly mai,ntained. In the event i.nstallation of landscaping is not completed on schedule, the City of Newport Beach- may require a reasonable guarantee for completion of said landscaping.. That landscaping adjacent'to Bayside Drive.be desi:gned so that sight distance problems will not- be created, i%:':� That all parking spaces shall conform to City standards, and� perpendicular parking spaces abutting aiproperty line or s r t ucture shall be provided with wheel 'Stops. Al I . dri veways and off-street parking areas shall be paved, and parking spaces shall be properly delineated, :..I 21.�� Open and carport parking spaces adjacent t o Coast H i hwa 9 y and Baysi.de.Drive shall be'screened with p.1 ant materials. "I_ 113. All lights shall be shielded or directed so:,as to%co'nfine 'direct rays to the subject property. 14. Al f swi mming pools shall be enclos.ed.,wlth fencing as. require'd by the Building Code. 15.1 All trash shall. be. stored Vn. closed containers Iocated within walled enclosures. Builders of Torn.orrow's Cities ... Today irvoiflL August 7, 1970 City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92660 Attention: Mr. Harvey L. Hurlburt City Manager Subject: PROMONTORY BAY Gentlemen: Our Promontory Bay project will generate approximately 300,000 cubic yards of surplus material that would be very suitable for your beach replenishment projects. We plan to make this material available during the next three (3) months to contractors and other government agencies on a "first come first served" basis. Loading and hauling will be done at no cost to The Irvine Company and there will be no charge for the material removed. If the City of Newport Beach is interested in any of this material, please contact Mr. Reg Glahn at (714) 644-3421 (The Irvine Company) at your earliest convenience. Sincerel yl Robert L. Snyder Project Engineer. RLS/si The Irvine Company - 660 Newport Center Drive Newport Beach, California 92660 - (714) 644-,3011 20 �%icjy 1970 The I.r-virla Cxm-p =,y "lenter Drive Californi4 92GG4 llcwport l3aach. 0.1 rQspcmioe to -vour request 0 r Lin, js inclos " I j -A -le con'struction of o. DO_khrl." �,uthorizing excavation anfl 1_1 .l a 11. L' o m I'l -I- Promontory 16,4,V, NCWPOrt C Y e r any to -mal c all mEltOrl.,21 7jacessary fo I. , 1) 'k, revised PLIT's wor ,a � Ca-tj�gj o- nlams 0 t xjet to be utiobjr-c- J.' 1, cc L-1 ur(�_r t,,", TI.,uttej prnmptly to this Of.k- I vj­ation, tbcy -aiy be am-moovld as st�jndpoiyjt of P. a tionable f'rom th requiredA loy law be -fore construction i -S bl:,�17)1 T licate, is illcloseet for your convenience i�l VOVO L t�,e Stittlif3 f work under pernlit. One Copy is to he retaiuod in 0 to this office. Your Ziles and the Othe".. r0tJrne�l your a.ro co� XILL;O lnclo:�ed fo_ livO CAL 3.4 and the Ocean F �2 C a ociatio-a. J. Sincerely YOuvs, 2. n f-. Ocean FiSh Prot- As-wn. Operations Branch.w, R ;3,r, r% I ; � UEY J. MA' District V-V i, i rl" Ai NOTE.—It is to be understood that this instrument does not give any property rights either in real estate or mate- rial, or any exclusive privileges; and that it does not authorize any injury to private property or invasion of private rights, or any infringement of Federal, State, or local laws or regulations, nor does it obviate the necessity of obtaining State assent to the work authorized. T��WTV-PLYPRUIQ4.-P-Q 'TT-TV­_A_Q5:Vb;1 QP R W IRIHNIP 80 P*ft-AVrAeM- QQ";@ WHE PUBE&O ffiGHT19 eip NA-ViGATiON, (0ee Getonmings Y. Ghicago, HS U. S., 4iO.) PERMIT U. S. ArV Engineer DisSriet,oLos Angeles orps f Engineers. Los Angeles, California -------------------------- 2a--N&y ------- 1 1970 "Ihe Irvine Company 550 Newport Center Drive llewport.Beach,, California 92664 Gentlemen: Referring to written request dated 4 February 1970 for pem. Ission to excavate and construct a bulkhead have to inform you that, upon the recommendation of the Chief of Engineers, and under the provisions of Section 10 of the Act of Congress approved March 3, 1899, entitled nAn act making appropriations for the construction, repair, and preservation of certain,public works on rivers and harbors, and for other pur— poses," you are hereby authorized by the Secretary of the Army. toL excavate an irvagular shaped area about 2,300 fiset long by 100 to 400 foet (Here describe the proposed structure or work.) wide and deposit approximately 290,000 cubic yards of material on shore off the pite and construct about 50100 linear feet of conerate bulkhead-_ Day (Here to be named the river, harbor, or waterway concerned.) it a location shorwward of and about midway between U* S-. Bulkhead Stations (Here to be named the nearest well-known locality—preferably a town or city—and the distance In miles and tenths from some.deflulte point in the same, stating whether above or below or giving direction by points of compass.) 101 and 200 i ., n aa cordance with the plans shown on the drawing attached hereto marked "Proposed (Or drawings; give file number or other definite identification marks.) XYredging and Bulkheading, Promontory Bayq Nevrport Beach, Calif. Application by: The Irvine Company, 550 Newport Center Dres Newport Beach.. 6rU_.'5J­Wct to the following conditions: is u in charge of the locality, who may temporarily suspend the work at any time, if in ..a judgment the interests of navi gation so require. (b) That any material dredged in the prosecution of the work herein authorized shall be removed evenly and no large refuse piles, ridges across the bed of the waterway, or deep holes that may have a tendency to cause injury to navigable channels or to -the banks of the waterway shall be left. If any pipe, wire, or cable hereby authorized is laid in a trench, the formation of permanent ridges across the bed of the waterway shall be avoided and the back filling shall be so done as not to increase the cost of future dredging for navigation. Any material to be deposited or dumped under this authorization, either in the waterway or on shore above high-water mark, shall be deposited or dumped at the locality shown on the drawing hereto attached, and, if so prescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of'the material in the waterway. If the mate- rial is to be deposited in the harbor of New York, or in its adjacent or tributary waters, or in Long Island Sound, a permit therefor must be previously obtained from the Supervisor of New York Harbor, Now York City. (c) That there shall be no unreasonable interference with navigation by the work herein authorized. (d) That if inspections or any other operations by the United States are necessary in the interest of navigation, all expenses connected therewith shall be borne by the permittee. (e) That no attempt shall be made by the permittee or the owner to forbid the full and free use by the public of all navigable watersat or adjacent to the work or structure. M That if future operations by the United States require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army, it shall cause unreasonable obstruction to the free navigation of said water, the owner will be required upon due notice from the Secretary of the Army, to remove or alter the structural work or obstructions caused thereby without expense to the United States, so as to render naviga- tion reasonably free, easy, and unobstructed; and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners shall, without expense to the United States, and to such extent and in such time and manner as the Secretary of the Army may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navi- gable capacity of the watercourse. No claim'shall be made against the United States on account of any such removal or alteration. cture or work herein (g) That the United States shall in jno case be liable for any damage or injury to the stru authorized which may be caused by or result from future operations undertaken by the Government for the conserva tion or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. (h) That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be prescribed by the U. S. Coast Guard, shall be installed and maintained by and at the expense of the owner. at what time the work will be commenced, and as (i) That the permittee shall notify the said district engineer far in advance of the time of commencement as the said district engineer may specify, and shall also notify him promptly, in writing, of the commencement of work, suspension of work, if for a period of more than one week, resumption of work, and its completion. U) That if the structure or work herein authorized is not completed on or before ------------------- 31st --------- day of --------------- DacanOor ------------------- 1 19-11, this permit, if not previously revoked or specifically extended, shall cease and be null and void. W That '96the permittee shall comply promptly with any regulations, Conditions. or instructions affecting the work haroby authorizod if and when Issued by the 4 -or pollution Vederal Wator Pollution Control Administration and/or the State wa%. control agency having jurisdiction to abate or prevent water pollution. Such regulations, Conditions or instructions in effect or proscribed by the Federal .Water Pollution Control Administration or State agency are he-Mby maft 4 COndition of thia perwit. By authority of the Secretary of the Army: ROBERT J. MALIXY Colonel, CE District Engineer ING FORM (CIVII) This form supersedes ED Form 96, dated 1 Apr 48, which maybe used until exhausted. r 1721 'i SEP 48 a. 8. GOVINaMENT FRIKVING CFFJCC 16-13168-6 EM 1145-2-303 Nt- ea'� -LR�v Mrs. Gloria Gartz 1500 South Bay Front Balboa I�land, California 92662 Dear Mrs. Gartz: mayor Marshall has referred to the harbor and the responsibilities April 15, 1970 me your letter concerning of the Harbor District. In regard to any development proposed for Upper Newport Day or for the so called Promontory Say project, you can be assured that no work will be authorized by the City until such time as we have permits from the U.S. Army Corps of Engineers. This is a routine procedure for any development of this scope, and we are now in the process of determining if the Corps will issue a permit for the Promontory Bay project. We are also, as the Corps is, concerned about the effects, of pollution and whether or not any construction will.contribute to pollution problems. We maintain a continuing dialogue with the Harbor District, the Regional Water Quality Control Board, the Fish and Game Department, and the Corps of Engineers in this respect. Your interest in the harbor is greatly appreciated, and I will be happy to answer any further questions you may have. Yours truly, G. M. DAWES Harbor & Tidelands Administrator GMD/db July 28, 1970 TO: Public Works Director Planning Director FROM: Harbor & Tidelands Administrator SUBJECT: PROMONTORY BAY It in my intention to take before the city council the Harbor Permit No. 200-000 for bulkheadin�g and dredging Promontory Bay on August 10. The Corps of Engineers had indicated they have no objections to the proposal, but they are awaiting City approval before issuing their permit. Could you forward to me by 31,july any special conditions or prohibitions you desire on this harbor permit. G. M. DAWES GMD/db -W—I%l JJ I Du'-? -promontory , ea , 6 Newport Orders Study of Irvine Proposal The Irvine Company's chief attorney Monday offered to exempt the city of Newport Beach from payment of dam- ages of up to $50,000 in suits that might be brought as the result of'Promontory 'Bay development. Newport city councilmen have been holding out for the Irvine Company to indemnify the city against damages in loss of casual drive-by customers for Balboa Yacht Basin business when Bay- side Drive is terminated. The Promontory Bay plan of 62 water- front homes with boat moorings on a la- goon calls for Bayside Drive to dead end where the lagoon entrance channel is cut and through traffic to be rerouted on a new Bayside Drive. The Yacht Basin businesses, on property leased from the city, would be on the old Bayside Drive arm. Councilmen ordered City Attorney Tully Seymour to explore further the Ir. vine Company's indemnity offer and re. ToFFE-a"M next Monday. t Previously, Irvine Company represen. tatives had said they did not think the company should assume liability for damages. But in the face of City Council intran- sigence, Irvine Company General Coun- sel Guy Claire said Monday the company would consider indemnifying the city up to $50,000, the amount city -hired apprais- er Cedric White had said would be the probable extent of damages. Claire told of the Irvine Company's re- luctance to make such an offer. "Your own appraiser said the benefit to the city would outweigh the loss. tinder those circumstances the Irvine Company wa . s shocked to be asked to indemnify the city. This is an additional benefit " a windfall," he said. Claire said the Irvine Company would not be willing to give unlimited indem- nity to the city.. "We have to establish parameters of benefit to. both the city and thia'Irvine Company," he said. The offsetting monetary. benefit to the city Claire spoke of is in increased value of Beacon Bay residential property, also on land leased from the city, caused by making the access road exclusive. City councilmen were still concerned that damages might exceed $50,000, which White said is the estimated loss in rental value of the Yacht Basin property over the remaining 17 years of the city lease. Councilmen recalled that attorney for the Balboa Yacht Basin properties. Harry Westover, had warned damages could be based on loss of income to the businesses rather than loss of rent to the master lessee. But City Attorney Seymour discounted that possibility. He said there is room for different opinions on cases Westover cited in his brief. "There are different interpretations but sometimes cases are loosely used in a brief," he said. Seymour agreed with appraiser White that loss of rental value is the measure normally used by the courts. April 28, 1970 Mr. Wendel Reece Corps of Engineers Los Angeles District Post Office Box 2711 Los Angeles, California 90053 Dear Mr. Reece: In reply to your letter of 23 April, 1970, concerning the application by The Irvine Company to excavate and construct bulkhead -to-i-0--ii -hax-ina opening into Newport Bay, you are AdVils-e-&'that the City Council cannot take action until its meeting of 11 May, 1970. The City Staff has analyzed the application and has no objection to the excavation and will recommend to the City Council that the application be approved subject to certain conditions. The conditions cannot be expressed until the Council makes a decision as to whether or not the resultant waterway should be granted in fee to the City or remain in private ownership. The City has no objection to your granting a permit at this time if your office is assured that the engineering indi- cates that there will be no subsequent water quality problems or beach erosion problems on Balboa Island. Yours truly, G. M. DAWES Harbor a Tidelands Administrator GMD/db CITY OF NEWPORT BEACH April 27, 1970 TO-, City Manager FROM: Harbor & Tidelands Administrator SUBjECT: OWNERSHIP OF PRIVATELY CREATED WATERWAYS The -proposed development of Promontory Bay again brings up consideration as to whether privately created waterways should remain in pr`va­�e ownership, be dedicated as -public rights-of-way, or be qranted to the City. The City Engineer and the Harbor & Tidelands Adninist-rator.visited Ventura to obtain their opinions and also separately discussed the situation with Hunting -ton Beach. These two cities have situations analogous to ours. In Ventura, a private developer created waterways leading into the nublic otarina and further established single family and multiple fam-i-ly rcasidences bordering the waterways. the residents were formed ifito a cox=Liunity association. The waterways were subsequently granted in -fee to the City with a perpetual easement to the residents for pier purposes.. The reasoning in requiring granting of fee ownership to the City was based on their experience in private streetts and they -felt that the association would, over a period of years, never give proper mainte- nan,ce to -the chanhel-ways and that ultimat-ely the City would inherit them wh-en, -they were in -poor condition and with high maintenance costs. The 'City now -ce--f-forms ma-intenance in these waterways, bu---' assesse-s, t.he In Huntington Beach, privately created waterways were also granted in fee, from bulkhead line. to * bulkhead line, with perpetual water easeLm,ents for pier purposes. Huntington Beach cited the same reasons as L 4- __�ara as far as 7-i,,aintenance was concerned, but the City also felt that hay �.,Tere greatly simplifying police problems. They had had experience in one sinall privately <Dwne-d waterway where they were constantly responding to request -s of the residents to chase public boaters away. The City is of the o-oinion 'that their harbor natrol has no right to enter the private W,-_1ta_­wa­s for enforcement purposes unless invited b-,7 'the owner. On April 14, 'the Orange County Harbor Commissioners expressed -their opinion 'that the dre%,"Iged area at Promontory Bay should be dedicated to a public agency. The rat4 onale for their opinion was not included in the letter frrom the Harbor Dist-rict to the City Manager, but the Harbor District O-perations Officer states.that they were influenced by maintenance and law enforcement considerations as outlined above. REC-OMMENDATION: It is recommended that the privately created waterways Er7 t -he proposed Promontory Bay development should be granted in fee -to the City for the foilowing reasons: a. Maintenance: There should be little initial maintenance cost. However, The Irvine Company in -tends to sell the individual lots fronting 0 - 2 - on the waterway so that there will be multiple ownership of the shoreline. Future maintenance problems could -then involve a number of shoreline , owners, plus a private owner of -the waterway, plus the City and the Harbor District. Future maintenance problems could best be handled in a coordin- ated approach by the City or Harb= District. In requiring granting of fee ow.;ership, it should be taken from bulkhead line to bulkhead line with the bulkheads -themselves being the responsibility of the abut -Ling property owners as is the case in the rest of the City. If necessary, conditions can be imposed upon The Irvine Company in the harbor permit relative to external factors that might affect the lagoon such as, for instance, excess sedirientat-ion from storm drains during upland development, or any possible adverse affect creation of the lagoon might have on adjacent public areas. b. Water Quality: It is possible -that the lagoon could become a cat.ch basin for debris entering from the main harbor in which case the City and the Harbor District could find themselves constantly harassed by the waterfront owners who would claim,, "The debris came from public waters so you clean it out". It would be better to have the..responsibility in the -first place. C. Law Enforcement: it is d 4ffiCUJt for boaters, particularly those who may visit the City from other areas., to determine who owns the land unde.rly4ng the water. A rash of calls from residents at Promontory Bay could occur when other boats cruise around the lagoon, which they are sure to do. It would be better to have the waterways public in the fi-rst place. Further, the Harbor District believes their enforcement authority is questionable in private waterways. d. Proliferation of Ownershin: There are four different types of ownership of submerged lands in Newport Harbor. By requiring granting of fee ownership, the City would be taking a step.towards eliminating one type of ownership. e. Future Contingencies: It is difficult to forecast contin- q-enc-Les many years from now, therefore, the City would be retaining an oDiCion for the future if it owns the waterways. Whii-e grant4 ng of fee ownership is recommended, and present harbor permit policies adequately protect shoreline owners insofar as pier rights are concerned, water easements for pier rights could also be reserved, Should the Council agree.in this recommendation, I suggest we draft a formal policy to this effect for the Council PQlir-y Manual. G. M. DAWES G:-,!D/db DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES, CALIFORNIA 90053 IN REPLY REFER TO SPLCO-O - Mr. G. M. Dawes Harbor and Tidelands Administrator City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Dear Mr. Dawes: 23.April 1970 I-fAABOR- PeOQ,%I-r zoo-ovep Reference is made to our Notice No. 4, dated 17 February 1970, regarding an application by the Irvine Coirpany for permission to excavate and construct bulkheads to form a marina, opening into Newport Bay. No adverse comments or objections to the proposed work were received from any interested Federal or State agency in response to our notice. To complete our records and enable us to take final action on the application of the Irvine Company, it is requested that the position of the City of Newport Beach, regarding the proposed work, be furnished this office. Receipt of the views of the City by 5 May 1970 would be appreciated. Sincerely yfoprs, C5 . J�11 District Engineer J ORANGE C D. HARBOR COMMISSION "W"I C. C. (i CK) WOOLLEY,_CHA:RMAN W. ALLEN GRUBB, VICE CHA RMAN FRANK F. MEAD DEAN E - SHULL ' JR. ROBERT K. HENSON April 20, 1970 Mr. Harvey L. Hurlburt, City Manager City of Newport Beach City Hall, 3300 Newport Boulevard Newport Beach, California 92660 Dear Mr. Hurlburt: NOR DISTRICT KENNETH SAMPSON DIRECTOR - HARBORS, BEACHES & PARKS 1901 BAYSIDE DRIVE NEWPORT BEA C H. CALIF. 9 2662 DANA. PONT ?.4,2ARIOR .Z TELEPHONE (714) 834-3800 At the regular scheduled meeting of the Joint Harbor Committee on April 14, 1970, the Harbor Permit for Promontory Point was approved, in principle, subject to the following conditions: 1. The applicant must receive approval from the Corps of Engineers. 2. The applicant must receive approval from the City of Newport Beach. 3. The applicant must take precautions against creating excess turbid- ity, as outlined in State Resources letter of March 25, 1970. Later that day at its regular meeting, the Harbor Commission ratified the above. However, the Commissioners had some additional thoughts which they wanted to convey to you. First, it was felt that the ]I+ acres to be dredged should be dedicated to a public agency. Second, the Commissioners felt that if maintenance dredging of the area is necessitated because of storm damage or silting from the adjacent, undeveloped uplands, that the cost for such dredging should be the responsibility of the developer. Thiswas a concern of the District staff in a memo to the Com- mittee members. The third concern was that, although engineers for the developer indicated that the project will have no erosion effect on Balboa Island, some level of responsibility should be placed on the developer in the event adverse condi- tions might prevail. The Harbor Commission is hopeful that you might place a high degree of cre- dence on its observations in your negotiations on the Promontory Point project. Yours very truly, K. C. KLINGER, C14-ief Operations Division, Harbors, Beaches & Parks Asst. Secretary to the Harbor Commission KCK:mph 071 - CITY OF NEWPORT BEACH April 13, 1970 TO: JOINT HARBOR COMMITTEE 10 FROM: Harbor & Tidelands Administrator SUBJECT: HARBOR PERMIT No. 200-000 vi % APPLICATION TO: Dredge approximately an 11 acre lagoo!n, co Wnected to the Harbor with a 100 foot channel just east of Balboa Yacht Basin, for the purpose of developing an additional waterfront community. See attached drawing. APPLICANT: The Irvine Company 4� "Zkon subject to the following RECOMMENDATION: Approve t )eA applica conditions: 1. Approval of the Corps of Engineers. 2. Approval by the City of Newport Beach. 3. That the applicant observe precautions against creating excess turbidity as outlined in the State Resources Agency's letter of 25 March., 1970. DISCUSSION: A. This application was.first discussed in the Joint Harbor Committee meeting on 10 February, 1970. Since then the following events have occurred: 1) The Corps of Engineers has reviewed the applica- tion and has verbally advised that they have no objections from the State Resources Agency or the Department of Interior and that their engineering studies confirm that there should be sufficient tidal flow to permit a high water quality and that their studies indicate there should be no adverse effect on nearby beaches. The Corps has advised it will confirm this in writing to the City in the near future and that the Corps will not issue a permit until they have learned the City's position. 2) The Harbor District Staff has reviewed engineering calculations and will submit a verbal report. 3) The Public Works Department of the City of Newport Beach has reviewed the engineering calculations and has no engineering objection's to the project. Harbor Permit #200-000 4/13/70 Pg. 2 B. It is understood that there are still a number of actions to be taken by the City of Newport Beach in regard to the overall project. These actions will include considering of tract maps and a determination at that time as to whether or not the City desires the waterways to be dedicated, and a responsibility for t depths maintenance of the Basin projec zii4i6A� . AWES GMD/db Attachment �c 4' # P ME 1, a A LEAtg 0.4 ELI SITE &PA CE4 DEL MAR 14 ES JETTI V I C I N IT Y S KET C 14 EAST IAEWF%tT bAY , C&LIFO&O I.A sit JfTTy 6RAPHIC. SCALE -MILE NOTE : SOUNDINbS ARE UPIESSED IN FEET AND DENOTE DEITHS 16ELOW ME AN r LOVEK LOW WATEK. MA%IMUM R&UGE OF TIDE APPKQ%. 10 FT. 14AL160K LINES Atli ESTAWSHED IN TKIS SECTION OF HEVIOUT j� Jy. 100 allf- LOLKNEAD 'Vol 10 SEC 109 A_A 174 i 41, )_4 14 '64 —qk EXIST. 6AYSIPE DR. S ECTI 0 N P3_ 6 W T. S_ 4 F41 41t 41, 94 17f"(4164 4 lrIfiflTrn llytinc fit 1- KAW 6EIN- FKUST F, ASSOL 13 6 X 0 C 41 E S T W,;S T K E E T Co STA M F C, A F0QN TA ROPOSED D & E D 601 G AND MKH EAD IN 6 K 0 M 0 9 T 0 K Y b A Y, NEWPORT 16EACH, CALIFORNIh PLICATION bY: I iLb. All THE WINE COMPANY SSO NEWORT (ENTER Dit. V:WI)t7T fJ:),fVi. ULIP N CITY OF NEWPORT BEACH TO: MAYOR AND CITY COUNCIL FROM: Harbor & Tidelands Administrator SUBJECT: HARBOR PERMIT NO. 200-000 APPLICATION TO: pffi�� 01. -1 - August 10, 1970 ITEM NO. H-1 Dredge and bulkhead approximately an 11 acre lagoon, connected to the harbor with a 100 foot channel just east of Balboa Yacht Basin, for the purpose of developing an additional waterfront community. See attached drawing. APPLICANT: The Irvine Company RECOMMENDATION: Approve the application subject to the following conditions: 1. Approval of the Corps of Engineers. (Corps of Engineers Permit was issued on 20 May, 1970) 2. Approval of the Joint Harbor Committee. (Approved on 14 April, 1970.) 3. That the applicant observe precautions against creating excess turbidity as outlined in the State Resources Agency's letter of 25 March, 1970. 4. That the waterway, up to but not including the bulkhead, be dedicated to the City of Newport Beach. 5. That the bulkhead design be approved by the Public Works Director. 6. That there be no overhead wires or lines over the entrance channel and that any underground utilities in the water area have a minimum of five feet of soil cover. 7. That the Harbor and Tidelands Administrator and the Santa Ana River Basin Regional Water Quality Control Board be notified 48 hours in advance of opening the pro�2?sed 4annel to the main harbor. -kf� Mayor and City Council 8/10/70 Pg. 2 DISCUSSION: A. The granting of a harbor permit is the final action required to initiate the dredging and construction phase of the Promontory Bay project. B. All other necessary permits or approvals have been obtained from the Corps of Engineers and the Joint Harbor Committee. The Corps of Engineers, in granting a permit, coordinated with the State Resources Agency which in turn coordinated with the following State departments and agencies: Department of Navigation & Ocean Development Department of Parks and Recreation State Water Resources Control Board Department of Fish and Game Department of Public Health Department of Conservation Division of Highways State Lands Division C. In ratifying the approval of the Joint Harbor Committee, the Orange County Harbor Commission recommended: 1. That the water area be dedicated to a public agency. Dedication Of the w&ter'area to the City is a recommended condition to the application. 2. That The Irvine Company be responsible for any maintenance dredging that might be required because of siltation from the adjacent, undeveloped uplands. This recommendation has not been included in the conditions because the Porter -Cologne Water Quality Control Act places the burden for sediment control on builders and developers. 3. That some level of responsibility should be placed on the developer in the event the proposed bay causes beach erosion on Balboa Island. This recommendation has not been included in the conditions because engineering studies! reviewed by the Corps of Engineers and the City Public Works Department, indicate that erosion is improbable. The dedication of the waterway to the public also alters the situation. D. 'In approving the tentative tract 8 July, 1970, the City Council directed that the water area be e icate to the City. Z) GMD/db Attachment Planning Commisbion Meeting Feb. 19, 1970 Ite rrps No . 18 , .19 & 20 February 13, 1970 TO: FROM: SUBJECT: CITY OF NEWPORT BEACH Planning Commission Planning Department Master Plan Amendment,No. 25 (Item 18) Proposal to amend Master Street and Highway Plan by realigning Bayside:Dri-Ve between East Coast Highway and Jamboree Road (Marine Avenue) and also to close a section of existing Bayside Drive west- erly of Jamboree Road (Marine Avenue). Use Permit Application,No.___1_466 (Item 1gy r Request to permit development of a residential area of single family'dwelling units, with support- ing commercial and.recreational facilities, to in- clude a yacht basin and marina. Tentative Map Tract No. 3867 .(Item 20) Request to permit subdivision of 24.Ot acres into 6-2. re.sident.ial lo.ts., and Lot "A" reserved for waterway purposes, Lot "'B"'reserved for planted area, Lot "C" reserved for common waterway access area, Lot 'T" reserved for parking and marina facility, Lot "E" reserve.d for park site and Lot 63reserved for commercial site. LOCATION: Portion of-BI-ock-94 of Irvine's Subdivision located between Pacific Coast Hi:ghway and Bayside Drive, west of Jamboree Road (proposed Promontory Bay).7 ZONE: Unclassified, C-N�-;H and R-3 APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant Background Use Permit No. 1466 was continued from the meeting of January 15, 1970 at the request of staff and the Irvine Company. Subsequently the Pla-n- ning Commission continued Master Plan Amendment No. 25, Use Permit No. 1466, and Tentative Map Tract No. 3867 at the.meeting of February 5,. 1970. The staff report previously prepared for the meeting of February 5, 1970 is still pertinent.and should be reviewed concurrently.With this report. TO: Planning Commission - 2. Master Plan Amendment No, 25 This application requests approval to realign Bayside Drive between -East Coast Highway and Jamboree Road,,and to close a section of existing Bayside Drive westerly of Jamboree Road. Approval of this application would require that the information presented show to the satisfaction of the Planning Commission that the amendment to the Master Street and Highway Plan as con- templated would not have a detrimental effect on adjacent pro- perties, the neighborhood, or the community. The proposed amendment could have the following benefits: 1. The new alignment would be more direct than the existing alignment. 2. An existing sharp curve would be eliminated. 3. Direct access to the arterial street would be eliminated from approximately 12 homes having garages so located as to requi,re backing onto the street. 4. An existing poor intersection connecting Harbor Island Road to the arterial street would be greatly improved. 5. The easterly entrance to Beacon Bay could be opened and made usable. 6. Access to any future development north of the proposed realignment could be taken directly from Bayside Drive. The proposed.amendment could rai-se the following questions: 1. The operators of businesses located on the Balboa Yacht Basin property (land leased from City of Newport Beach) believe they could be adversely affected by the lower traffic volumes on existing Bayside Drive. 2. The proposed realignment would necessitate re- designing a portion of the Bayside Shopping Center parking lot. 3. A portion of the apartments along the south side of Bayside Drive adjacent to the Shark Island Yacht Club would not have direct access to the proposed realigned Bayside Drive. It is the opinion of staff that Bayside Drive would more efficiently TO: Planning Commission - 3.. serve the community in the capacity of a secondary highway in the proposed realigned location. Staff, therefore, recommends ap- proval of this application subject to the following conditions: 1. That the Bayside Shopping Center parking lot be redesigned to the satisfaction of the Planning Director, and constructed concurrently with con- struction of realigned Bayside Drive. 2. That access Yacht Club restored to Director. requirements to and the adjacent the satisfaction ,Use Permit Application No. 1466 the Shark Island apartments be of the Planning This application requests approval of the general land use concept of parcels 1, 2, 3, 4 and 9 as shown on the proposed land use plan submitted by the Irvine Company. Approval of this application would require that the proposed use of these parcels would be com- patible with and not detrimental to the ordinary maintenance, devel- opment and redevelopment of the surrounding area as determined by the Planning Commission. It is the opinion of Staff that the lagoon and surrounding single family residential development would be compatible with the gen- eral character of the surrounding area and the Newport Tomorrow Goals Report which stresses a harbor related environment. It is also the feeling of Staff that commercial uses of Parcels #2, 3 and 4 could be compatible with the surrounding land uses. However, more detailed information regarding these parcels would be desirable, and they are not subject to further review if un- conditionally approved under this use pe . rmit. It is the opinion of Staff that the proposed Promontory Bay Devel- opment concept would be an asset to the community over alternative traditional developments. Staff, therefore, recommends approval of Use Permit No. 1466 subject to the following conditions:. 1, That approval of Use Permit No. 1466 be subject to satisfactory demonstration of the engineering feasibility of the proposed lagoon design and issuance of a harbor permit. (See report to Joint Harbor Committee from City of Newport Beach Harbor and Tidelands Administrator attached.) 2. That an amendment to the Master Street and Highway Plan is approved. TO: Planning Commission - 4. 3. That Parcel No. 4 be approved in principal only, and be subject to a separate use permit. 4. That final plans for the relocation of the Shark Island Yacht Club on Parcel No. 3 be subject to approval of the Planning Director. 5. That Parcel No. be approved in a separate use 2 (parking and principal only, permit. Tentative Map Tract No. 3867 marina facility) and be subject to This application requests approval of the Tentative Tract Map for Lots I through 63 and Lots "A" through "E" as shown on the tenta- tive map which coincides with Parcels 1, 2, 4 and 9 as shown on the Land Use Plan for Use Permit No. 1466. A detailed description of the development characteristics was in- cluded in the Staff report of February 5, 1970, and will not be repeated in this report. However, there are other important matters yet to be resolved. Section 19.20.050 of the Municipal Code requires - "when the front of any lots abuts any major, primary or secondary stree,t or high- way; the subdivider shall be required to dedicate and improve a service road to provide ingress or egress to and from such lots The Irvine Company has asked a waiver of this requirement stating the following reasons: 1. Traffic studies presented by consultants for the Irvine Company indicate a potential reduction in average daily traffic on Bayside Drive to 6,500 vehicles from the present flow of 13,000 to 16,000 vehicles. This is based on anticipated diversion of traffic following completion of the Pacific Coast Freeway. 2. The Irvine Company proposes driveways along realigned Bayside Drive with adequate turn- around areas provided so that vehicles need not back into the street. 3. The Irvine Company states that their studies indicate that a service road will not provide a more desirable environment or enhance the marketability of the lots in this proposed development. 4. Reduction of existing curb cuts now taking access onto Bayside Drive from 18 to 12 or 17 to 11. TO: Planning Commission - 5. The Planning Department believes a waiver of the service road requirement should be denied for the following reasons: 1. The Staff agrees that there could be a diversion of traffic when the freeway is completed and that Bayside Drive could function with driveway accesses. However, Bayside Drive is classified as a secondary highway with a 45 m.p.h. speed limit. Even if present traffic volumes should be reduced, at these speeds it would not be desirable to front single family residences on Bayside Drive. Furthermore, due to minimum lot area and maximum building coverage, driveways fronting on this street will be one of the main areas for children to play. 2. Due to minimum front yard setbacks and traffic volumes, environmental qualities are jeopardized by fumes and noise levels. A frontage road would provide additional separation. 3. It will be a minimum of eight years until the freeway will be opened for traffic. 4. In the location of the previously approved turnaround type drives, Bayside Drive is not serving in the capacity of a secondary highway. With a parking lane to Bayside Drive which could possibly limit sight distances and the increased speed limit, the turnaround type driveway is less desirable in this location. Environmental values represent the essentially intangible, un- quantifiable essence of a community's character and meaning. The Planning Department believes that these values should not be compromised. Staff has previously noted the minimum setbacks as shown on the tentative map are within the minimum requirements of�applicable ordinances. However, front yard setback lines may be determined by the Planning Commission in accordance with Section 19.20.110 (c) of the Municipal Code. Staff believes that strict conformance to minimum provisions of the ordinance could produce a very static and sterile environment, both from land and water.. Staff suggests that the Irvine Company file a setback plan as a part of this application allowing for variation of front and rear setback lines. Staff recommends approval of Tentative Map Tract No-. 3867 subj'ect to the following conditions: 1. That final approval be subject to the approval of Use Permit 1466 and the conditions thereto. TO: Planning Commission - 6. 2. That final approval of the subdivision be subject to approval of an appropriate revision to the Master Plan of Streets and Highways. (Public hearings required.) 3. That final approval of the subdivision be subject to the abandonment of certain existing public rights-of-way as contemplated and to satisfactory arrangements being made for dedication and im- provement of the new rights-of-way required. (Public hearing required.) 4. That final approval of the subdivision be subject to satisfactory arrangements being made to re- locate existing facilities of the Orange County Sanitation District and of other affected utilities. 5. That Section 19.20.050 of the Municipal Code re- quiring a service road not be waived, and that the cross section for realigned Bayside Drive shall be in accordance with Alternate "C" of the attached drawings. 6. That access to Lots 27 through 34, 42 through 44 (and unless a frontage road is provided - all parcels along realigned Bayside Drive), be pro- vided by means of drives located on common lot lines, each drive serving two parcels; and that adequate turnaround areas be provided so that vehicles need not back into the street. Cross easements or non -barrier agreements satisfactory to the City Attorney shall be provided so as to guarantee perpetuation of the access arrangement. 7. That unless a frontage road is provided, the right-of-way width of realigned Bayside Drive be at least 86 feet and the curb -to -curb width be at least 70 feet. This cross section will provide for 4 travel lanes, 2 eight foot wide parkways, a twelve foot wide median left turning lane and an eight foot wide parking lane on the southerly side. (Alternate "B" on the attached drawings.) 8. That the new cul-de-sac be located entirely on the developer's land. 9. That the design of the new intersections of re- aligned Bayside Drive with existing Bayside Drive be subject to review and approval by the City. TO: Planning Commission - 7. 10. That all improvements be constructed as required by ordinance and the Public Works Department. 11. That the boundary of the final tract may be checked by the County Surveyor before being sub- mitted to the City for approval. 12. That all grading be in accordance with grading plans and reports approved by the Public Works Director and a qualified Soils Engineer. Upon completion of the grading the Civil Engineer and the Soils Engineer shall certify that the grading has been completed in accordance with the plans, the soils report and the grading ordinance. Reproducible copies of the plans on standard size sheets shall be furnished to the Public Works Department. 13. That the connecting street southeasterly of Lot "B" be 52 feet in width between exterior curbs in order to provide for a twenty foot entering roadway, an eight foot median and a twenty-four foot exiting roadway. 14. That all driveways be a minimum of twenty feet in length from the property line to ensure no. parking will be in the public right-of-way. 15. The portion of Lot "E" not included in the public right-of-way, resulting from the closing of Bayside Drive, be dedicated to the City, and the existing right-of-way of Bayside Drive west of the proposed waterway be retained under public control. 16. A length of tangent reversing curves at ment adjacent to the Center. be provided between the two the east end of the develop - existing Bayside Shopping 17. Parkway trees be installed on all public rights - of -ways in accordance with Parks, Beaches and, Recreation Department specifications. 18. Appropriate landscaping be installed on all slopes and vacant s,paces resulting from this development. 19. A setback plan allowing for a variation of front and rear setback lines be submitted to the Planning Director for approval. TO: Planning Commission - 8. 20. That there be no City financial obligations connected with construction of realigned Bayside Drive. 21. That realigned Bayside Drive be constructed to its full width in connection with the develop- ment of Tract 3867. =1\ G RODNEY L. GUNN Assistant Planner RLG/kk Attachments: Report to Joint Harbor Committee from Harbor Administrator Typical Cross Sections Land Use Plan lar;, February 01 4 TO: Joint.Harbok Committee FROM: City Harbor and Tidelands Administrator, SUBJECTs Harbor Application 200-OOG APPLICATION TO: Dredge and bulkhead an: _11 'acre 1agoon ,.,,connected to the Harbor with:a'100 foot channel -just -east of Balboa Yacht -Basin 0 f r the purpose of developing an additional,-waterfr'ont comminity Selo. attached drawing.' APPLICANT -s The -Irvine Company, S ITUATIOMi Ae This application is part of a series of actions required;`,�- for the full development,of the -additional community. These actions— e rrently b ing coordinated by the City Planning Departmentp include �3 "A Master Plan Afiiendmentt�for.ch ling of. the"� Street and Highway Flanii�-- 2-: A Use Permit.. -,A Tentative Tract Map. 4 4 A study to determine the effect this develo ent PM would -have on the value of City property adjacent to*Bayside Drive, A separate study by.the City considering the*pros,- and cons -of dedicating privately created waterways. 6. The basic Harbor Permit plus incremental additional requests as the proposal develops. - B. The'present request is -for dredging and'bulkheading onl . y,, t further applica i bu t"ons will have to be made for the detailed bulkheading-!' plan and for proposed dock and slip facilities. Requests for private residential slips and floats would be the responsibility of individual,,,', waterfront residents in accordance with an,overall plan to be propose b the:..Ir'ine Company. y v C. A Corps of Engineers permit is necessary And has been lied for. The -Cor s ha app p s already advised me that a detailed review. will be given 'the request to include: 1. Tidal -exchange to determine possibl 8 pollution. effects':,.V 20 Ebb'tide currents to determine if'there are advbrse.-_',1'.�:.'1.l, erosion ar,.,ohoaling.�offecto,on,.,the.-.bankt�,'of-the.existLng�chanft6'l'.,!.� 1 _W1. Harbor Application 2 -000, 2/10/70 2 The Corps has further stated that it does not 'appear. desirable to extend harbor lines into the proposed basin. A). The Directors of the Harbor District have expressed imilar.interests.in watek quality, water circulation'and erosion of the banks of the existing channel. He further feel� that consi-`..'­,. d ration.should be e given to: -16 -Responsibility for maintenance of basin project depths. 2. Establishment of pier permit areas for individual lots. 3.. Dedication of water areas to a blic a ency for PU .9 enforcement. E. Any approval of the Harbor Application at -this -time e would. have to be,,.in essence, an approval in concept and would hav 'to'be� -sub ect�to: Approval of,the Corp.s of Engineers, 2 A proval of the City of New P port Bqachl, which would' mply approval of other concurrent actions by. -the'. City. J �Other conditions that could be cdnsidered!..&te's,� J. :Dedication of the waterway' %tj, �4 maintenance Responsibilitieo'.-"�","fl.'-"',"-' :7 3 Public tight of e 4-d 4 parametersib'.: A." Ir pe 10 F� -.:w% L J t t .. . ....... . IV t" jL 2. y� v:;, J� :5 '66 . , 0 . '! , p ... .. .. . ...... Ao "! � It. T IN q. L1 Lf t% A., a A unittee IA Tidelands Administrator Lon 200-000. J1,Cr AJ JL %�,MX.LVLA ureage ana Duxjmeaa arr ju acre-lagoonl,connecte d to the Ha`r_Fo_rwith�a*l00 foot channel'.Just-east at Balboa Yacht,Basin for the purpose of developing an ad itio al-waterfiont c6mmItinity See' d n aw :attached dr ing.' TO: Joint Harbor Cc FROM; City Harbor and SUBJECT: Harbor Applicat for the full development -of the -additional community, These actions currently�.being coordinated by the City Plannipg Department include A Master Plan Amendmentt,for-ch"gin -of, the g unittee IA Tidelands Administrator Lon 200-000. J1,Cr AJ JL %�,MX.LVLA ureage ana Duxjmeaa arr ju acre-lagoonl,connecte d to the Ha`r_Fo_rwith�a*l00 foot channel'.Just-east at Balboa Yacht,Basin for the purpose of developing an ad itio al-waterfiont c6mmItinity See' d n aw :attached dr ing.' APPLICANT: The,Irvine Company, :'SITU JONI AT A. This application is part of a series of actions required for the full development -of the -additional community, These actions currently�.being coordinated by the City Plannipg Department include A Master Plan Amendmentt,for-ch"gin -of, the g y- Str eet and Highway Pllani­' .:!:: 2 A Use Permit. 3. ­,,": A Tentative Tra'ct Map. 'A study to determine the effect this development would -have on the value of City property aajacent. t o'Bayside Drive. 5 A separate study by the City considering-the7pro s and cons of d6dicating privately created waterways. 6. The basic -Harbor Permit plus incremental additional requests as the proposal develops. B. The present request is -for dredging and bulkheading onl A, but further applications will have to be made' for the detailed bulkheadipcjk, p an and for proposed dock and slip facilities. Requests for private N residential slips and floats would be the responsibility of individual..':.'��--.f waterfront residents in accordance with an overall plan to be proposed b the:,.Irvine y Company. 0 C. A Corps of Engineers permit is necessary and has been f applied Vor. The -Corps -has already advised me that a detailed review e ..,-..will b given "the request to include: 1. Tidal -exchange to determine possible pollution effects," j 2. Ebb tide currents to determine'if there are adverse-:�%._ erosion, or, shoaling ef feats ..on - the., banks'.. of the. existing chi ninelo' Harbor Application 2,, -000 2/1.0/70 2 The Corps has further stated that it does not Appear. desirable to extend harbor lines into the proposed basin. 1 4, 4), The Directors of the Harbor District have expressed 9 1 Uar interests in watek quality, water circulation and erosion mi of the banks of the existing channel. He further feels that consi-I.;..., deration-should be given ti o: Responsibility for maintenance of basin project depths.. 2. Establishment of pier permit areas for individual lots. 3.., Dedichtion of water areas to a public a ency-for .9 enforcement. Application at this -time E. Any approval of the Harbor would have to be.p in essence, an approval in concept and would have -'be:subject:tos 1 Approval of the Corp.s of Engineers, ''.--2 Approval of the City of New port Bqachp which would imply,appro al of other concurrent actions by the' v City. j other conditions that could be colasidered;-.'ar4i's Dedication of the waterw ay's, 2 .'Maintenance, Responsibilities%,�..­ q Y W o; 3 Public tight of entry g.-paramete a En iheerin r 9 4 i I -lei -areas", Pier'.permit' 0. AA, K "vDAft19- r, t,q J, Vq lo t it F J, f A"I If: j jif i V�: Z L---] 0 0 4, 0, 0 0 0 9 Is 0 0 0, 0 0 0 0 0 4, 0, 0 IN 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0, 0 0 19 0 0 9 0 0 0 0, * 4, a 0 0 0, 0 9 0 4, 9 0 0 0 4, 0 0 0 9 0 0 0 0 0 * 9 0 0, 0 0 0 0 0 0 0 0 w 0 * 0 0 0 0 0, 0 0, 0, 0 0, 4, 0, 0 0, 0 0 9 0 0 0 0 0 0 0 0 * Is 0 0 0 0 0 * 0, 4, 0 0 0 0 0 0 0 0 * * 0 41 0, & 0 0 0 40 0 01 * 0 0 0 0 41 0, 0 41 Is 0 0 0 0, 0 0 0 0 0, 0 Is Is 0 0 0, 0 0 0 0 0, 0 0 0 0 0 9 0 0 0 9 0 01 0 0, 0 0 0 0 0, 0 9 0 0 0 0 0 0 0 0 01 0 0, 0 0, 0 0 0 0 0 Is 0 0 0 0 0 0 0, 0 9 0 0 0 40 0, 0 0 * 01 0 * 0 0 41 G, 0 0, 01 * 9 0 0 0 0, 0 0 0, 0 0 0 0 0 0 0, 0, 0 0 0, 0 9 0 0 0 0, 0 0 0 0 4, 0 0 0, 9 0 0 Is 0, 0 0 0 0 0 s, 0 0 0 0 0, q 0 q 0 9 0, 0 0 0 0 0 0, 0 01 9 0 0, 0 * 0 0 0 0, 0 0 0 0, 0 9 0 0, * 0, 0 9 0 0 9 * 0 0 0 0 0 4, 0 0 0 0 01 9 0 0, 0 * 0 0, 0 * 0 9 0 9 01 0 0 0 0 0 0 0 0 0 0 0 0, 0 0 * 0 0 0 0 & Is 0 0 9 0 0 0 0 0 40 0, 0 * 0 0 0 0 0 * 0 0, 9 0, 0 * 0 0 0 * 0 0 0, 4, 0, 0 0, 0 0 0, 0 * * 0 9 0 0 f, 0 9 9 0 0 4, 0 9 9 0 0, 0 Is 9 0 0 0, 0 4, 0 0 Is Is 9 0 0 0 0 0 41 0 0 0 0, 0 9 0 0 0 0 9 0 9 0 0 0, 0, 0, 0 Is 0 * 0 109 0 0, 0 0 0, 0 4, 0 0 0 9�,* 0 0 0, 0 4, 0 9 0 ***-* 41 0 0, 0, 0 0 0 0 4, 0, 0 9 0 a * 0 0 0 G, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0, 9 0 0 9 0 41, 4, 0 0 0 0 0 9 0 0, 0 0 0 0 0, 0 0 0 0, 0 0 0 9 4, 0 0 0 0 0 Is Is 0 0, * * 0, * 0 0 0 0 0 0 9 0, 0 0 9 0, 0 & 0 0 0 9 0 0 0 0 4, 0 0 0 0 0 0 0 a 0 0 41 0, 4 0 0 0 0, 0 0 0 0 4, 9 Is 0 9 0 0, 0, 0 0 0 0 0, 0 * Is 0 0 0 0 & 0 0 Is 0 0 4, 0 0 0 0 0 0 0 9 0 0 IN a 0 0, 41, 0 0 0, 0 0 0 0 0 0 * 0, 111 0 0 9 0 0 0 CO 0 0 0 9 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 a 0 0 0 0 9 9 0 0 0 0 e 0 0 9 0 Is 0 0 0 0 0 0 0 0 0 0 0, 0 0 0 0 0, 0, 0 0, 0 0 0 0 0 01 0 0 0 0 0 0 0 0 0 0 9 9 0 * 0 9 9 0 0 0 0 0 9 0 0, 9 0 0 0 0, 0 0 0 0, 0, 0, * 9 0, 0 0 0 * 9 0 0 9 0 0 0 0 0 0, 0 41, 0 0 0 0 0 0 0 9 4, 0 9 0 0 0 0, 0 0 0 0 9 9 9 0 0 0 Is 0 0, 0 0 0 0 0 0 0, 0 0 0 9 * 9 0 0 0 0 * 0 0 * 0 0 0 0 9 0 0, 0 4, 0 0 0 0 0 0, 0 0, 0, 0 0, 0 0, * 0 0 .0 0 0 0 Q1 41 0 0 0 Q, 0 0 0 0 0 0 0 0 0 0 0 0 9 0 0 0 0 * 0 0 0 0 0 0 0 0 0 0 0, 9 0 0 0 0 0 0, 0 0 0 0 0 0 0 4, 0, 0 9 0 IN 4, * 0 0, 0 0 9 0 0 0 0 Q, 0 0 0 Is 9 9 0 0 0 0 0 0 0 0, 0 0 0 0 0, 0, 0 0 0 0 0, 0 0 0 0 0 0 0, 0 0 4, & 0 0 9 0 Is 0 0 9 41 0 0 0 0 9 0 0 0 0 0 0 0, 40 0 0 41 0 0, 0, 0 0 41 0 0 0, 9 0 4, 0, 0 0 0 *0 0 0 0 *MA : " 0, 0 0 0, # 0, 0 0, 0 0 0 0 0 0 0, 0 0 0 0 0 0 0 * 0 0 0 Is 0 0 9 e 0 0 0 0 0 0, 01 0 0 0 Q, Is 0 40 01 0 0 0 0 0 0 0 0 0, 0 0 0 * * 0, Is * 0, 0 01 0 0 0 0 * 0 0 0 9 0 10. 0 0 4, *�* 0 Is 0, 0 0, 0 0, 4, 0 0, 0 0, * 0, 0 0 9 0 0 0 * 0 0 0 * 0 0 0, 0 0 0 0 * 0 0 0 9 0 0 IS 0 9 0 0, 0 0 0, a 0 0 * 0, Is 0 0, 0 4, 0 0 0 41 4, 0, 0 Is 0 0 0 0 0 0, * 0, 0 4, a 0 4, 0 0 0 0 0 0 0 0 0 Is 41 0 0 9 0 0 0 0 0 0 0 9 0 0 0 0 0 0 9 0 0 0, 9 0 Is 9 9 .0 0, 0 0 0 v 0 0 0 0, Is 0, 0 0 0 0 9 0, 0 0 0 0 0 9 0 0, s, 0 Is 0 0 0 0 s, Is s, Is s, Is 0 0 0 411 0, 0, Is * 0 41 0 9 0, 0 0 0, 0 0 0 0 0 Is 0 0 0 0 0 0 41, 0 0 0 0 0 0 0, Q, 0 0 0, 0 0 0 0 IN 0 0 0 0 0 0 0 0 0 0 41 IN 0 0 0 0 0 0 0, 0 0 0, 0 9 0 0 0 0 0 0 0 0, NJ N 0 0 0 0 1* Is 0 0, 0 * s, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 Is 0 0 0 0 0 0 0 0 0 0 0 0 0 k 0 0 *00 0 **so* `0 Q, 0 0 0 0 0, 0, 0, 0*0 0 41, Isso * *00 0, 0 * 0*0 0 0 IS *00*00000*0 0 0*0 0 0 0 0 0 0 jp 0 0 0 4, 0 0 0 4, 0 0 0 IS 0 0 4, 0 0 4, 0 * 0 0 0, 41, * 0 0 0 0 0 0 Is 0 0 0 0 0 0 0, * 0 9 0, 41, 0, 0 Q, 0 Is 0 0 0 Is *00 0 000*0 0 *0000 0 000 0 *0000 9 0 9 9 0 0 0 0 00000, 0 0 0 004106, s, 0 0 0 0 0 0 0 0 0 0 1004000 0 * Is 0 0, * 0 Is . Is . . 0 0 Is 0, 0 0 0 '01 0 0 0 * 0 0, 0 Is 0 Is, It 0 0, 0 & 0 * 0 0 0 0 0 0 0, 0 0 & 0, 0 * 0 0 0 0, 0 * 0 0 0 4, 0 9 0 0 0 40 * 9 0 0, 0 0 0 so* 0 *** 0, 4, . . & 0 0 0 0 0, 9 0 01, 41 0 4, 4, 0, 0 0 0 0 0 & 0 0 9 0 0 0, 0 0 0 0 s, 0 Is w 0 0 so* 0 Sk * 0 * 0 0 41, 0 0 0 0 0 9 009 0 0 0 0 0 0, 0 0 0 0 9 0 111 0, * 0 0 4, 0 009 Is 0 0 4, 0 0, 4, 0 0 *00 0 0 0 0*0 0, 0 *so 0, 0000000 0 0, 0 0 0 0 0, 0 Is 0 0 0 e 0 0*0 0 0 4, 0, 0, 0 0, 0 0 0 0 9 0 0, O's 0006*49*0 Is 0 0 0 * 0 41 0 0 9 000 4, 0 0 Is 41, 0 * 0 9 & 009 0 0 0 0 0, 0 Is 0*0 0 000*0 111 0*0 0 0, 41 0 Q, 0 0 0 0 0 0 0 41, 0 0 0 0, 0 * 0 0 0 0, * * 0, 0 0, 0, 9 0 0 4, f r 0 9 0, 0 0 Is 0 . 0 0 0 0 0 0 0 0 0 0, s, 9 s, Is 0 0 01 0 0, 0 0 4, 0 '0 0 0 0 0 0 9 0, 0, 0 #0 Is 0 0 Is 4, . . . . Is s, . 0, . . . Is Is 0 . . Is . Is Is 4, 0 0 0 s, 0 s, Iv 0 Is 0, 0 0, 0 0 0 0 0 0 0 Is 0 41 0 0 9 0 01 0 0 0 0 0 0 0 0 0 41 0, 0, 0 0 0 0 0, 0 0, 0, w 0 0, 0 0 * 0, 0 0 0 * * w 0 0 0 0 9 0 0 9 0 0 0 0 0, 0 0, 90 0 Is 0, Q, 01 0 09 0 *0 9 4, 41 0 0 0 0 0 9 0 0 0 00, 0 * 0 0 00 0 0 0 0 0, 0 0 Sk 0 Is 0 Is 0 IN 0 0 9 0 0 0 0, 0 0, 0 0 0 0 0, 0 0 0, 41 0 0, *900 Is 9 9 0 40 0 0 0 0 0 41 0, 0:90AL 0*0* 0 *0 0009*0*,0000 0 0 0 Is 0 's Is 0, 0 0 0, 0 0 0 0, 0 0.0 0, 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0, * 0 0 & 0 0 0 0 0 0 * 0 0, 0 9 0 0 0, 0 0 0 IN Is 0 0 0 0 .0 9 0 Is 41, * 0 * 0 # 0 & * 0 Is 0 & 0 0 0 # 0 0 0 0 0 0 0, 0 40 0 0 0 0 0 0 0, 0 0 0 0 0 0 0 Is 0 0, 0 0 0 0 0 0 's 0 0 9 0 0 0 0 0 9 0 0 0 0 0 0 0 9 0 0, 0 0 0 0 40 0, 4, 0 0 0 0 0 0 9 9 0 * 0 9 9 0 0 0 0, 0 0 0, 9 0, 0 0 0 0 0, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 41 00 0 0 0 9 Is 0 0 0, 0 Is Is 0 0 q 0 0 0 Is, s, 0 0 0 Is 9 0 0 Is 0 0 0 0 q 0 0 0 0 01 0 0 Is 0 0 41 0 0 0 9 0, 0 0 41 0 0 0, 0 0 Is 0 Is 0 0 0 0 0 0 0 0 0 Ap 0 0 0 Is Is 0 0 0 Is 0 0, 0 Is 0 0 0 0 0 0 41 0 0 0, 0 9 * & 0 9 * 0 0 0 0 0, 0 0 0 0 4, * 0 0 9 4, 0 * 0 0, 0 0 0, 0 0 * e * 0 0 0 0 0, 0 0 0 0 0 0, & * 0 010 0 0 9 G, 0 0 0 9 41, 0 0 9 0 0 9 Is 0 0 0, 0 0 0 0 0 9 0 0, 0, 0, 0 0 0 0 0 0 0 9 0 4, 0, 0 0 0 41 0, 0 0 0 * 0, 0, 0 01 0 0 * 0 0 * 0 0, 0 0, 0 0 0 0, 0, 0 0 0 0 Is 0 0 0 9 9 Is 0 0 0 0 0 0 0 0 0 0 0 0 9 0 Is 0 0 0 0 0 0 0 0 Is 0 0 0 9 0 0 0 0 0 0 0 0 0 0 0 0 0 4, 0 0 0 0 0 0 0 0 0 0 0 9 0 0 Is 0 a 0 0, 0 0 9 0 9 0 0 0 0 0 Is 0 0, 0, 0 0, 41 0 0, 0 0 Is 41, 0 0 0 0, 0 0, 0 0 0, 0 0 0 0 0 9 41, 0 * 0 9 * * 9 0 4, * 9 0 0 * 0 0 0 0 & 0 0 0 0 0 0 0 Q, 0 0 9 0, 0 0 0, 0 0, 0, 0 0 0 0 9 0 0 0 0, 0 9 0 0, 0, 0 0 0, 0 * * 0 0 0 0 0 0 9 0 0 Q, 0 0 9 01 0 0 0 0 0 0 0 0 0, 0 4, 0 0 Ok 0 0 0, 0 0 0, 0 0 0 0 0 0, 0 0 0 0 0 0 0 41, 9 0 0 0 0 0 0 0 Q, 9 0 0 0 0 9 0 0 0 0, 41, 0, 9 0 0 0 0 4, 0 & 0, 0 Is & 0 0 0 0 0 0 0 s, & 0 0 0 0 0 0 0, q q 0 0 Is 9, 0 0 0 0 0 0, lip IS 41 0 0 0 9 0 0 Is * 0 Q, 0, 0 0 0 0, 0 0 0 0, 0 0, 9 * 0 0 0 0 0 * 0 Is 0 0 0 0 0 * * 0 Q, 0 0 0 0 0 0 41 0 0 0, 0 9 0 a 0 0 Is Is 0 01 0 0 0 0, 0 9 0 4, 0 0 0, 0 000"Ie"o, 0, 0 0 0 0 0 0 0 0 0 Is 0 0 0 0 0 0 0 , 0 Is 0 0 0 0 0 40 9 0 q 0 0 41 Is 41, q 0 0 0 0 0 0 0 0 0 0 Is 0 0 4, 0 41 0 Is 0 0 0 0 Is 0 0 Is 0, 0 41, 41, 0 0 0 0 0 0 0 0, 0, 0 0 0 0 0 Is 0 0 & 4, 0 0 0 0 0 0 9 Is 0 0 0 * 0 0 0 41 0 0 9 0 0 0 40 0, 0 0 0 0 0, Is 9 .%s`.*.*.*.s`.00*. 0 0 Is 0 9 0 0 0 4, 9 0 0 0 IS 0 Is 0 0 0 0 0, Is 0 0 0 4, & 0 41, 0 9 w 0 0 9 0 0, 0 0 0 0 0 0, 0, 0 0 0, 0 0 0 0 0 0 Sk 0 0, 0 0 0 0 0 0, 9 a 0 0 9 0 0 0 0 * 0 * 0 40 0 0 0, 0 9 0 0 0 0 0 0, 0 0 0 9 0 Is 0 0 0 0 0 0 0 0 0 0 0 0 0 0 q 0 0 0 0, 0 0 0 0 0 0 Is 0 0 0 0 0 0 Is 0 0 * 0 0 41 4, 0, 0 0 0 0 0 9 0, 0 0, 0 0 0 0 0, 0, Is 0 0 0 9.0 0 9 01 0 0 0 0 Is 0 41 0 0 0 9 0 0, Is 0 0 0 4, 0 0 0 0, 0 0, 0 G, 0, Is # 0 0, 0 0 0 Sk 0 0, * 0 0 01 0 0 0 0 Q, 0 0, 0, 0 . 0 0, 0 0 0 0 0 0 0, 0 0 9 0 0 4, 0 0 0 0 9 0 IS 0 0 0 0 0, 0, 0, 0, 0 0 0 0, Is 0 0 0 0 IN 0 9 0 41, 9 0, 0 0 41 0 0 0 0 0 9 0 01 0 0 Is 4, 0 0, 0 0 0 0 0 0 0 4, 0 0 0 0 0 0 0 0 111 0 0 0 0 0 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 IN 0, 9 0 0 0 0 0 9 0 0 4, Q, 0 0 9 * 0 0 0 0 0 0 0 0 0 Qk 41 0 * 9 1* 4, 0 9 0 0 0 0, 0 01 0 9 0 41, 0 9 0 0 0 0 9 0 0 0 0 0 0 0 0 9 0, 0 0 0 0 0, 0 0 0 0 0, 9 41 0 4, 4, 0 9 0 0 0 0 9 4D 0 0 0, Is Is 0 0 0 0 9 0 0 0, 0 0 0, 0 0, Is 0 0 0 0 0 0 0 0 0 Is 0, 0 0 0, 0, Is 0 0 0 9 0 0 0 0 0 0 0 Is 0 0 0 0, 0 0 0 0 0, 10 0 01 0, 01 0 01 0 0, 01 0 0 V, 0, 0 0 0 0 0 0 0 0 0, e 0 0 01 0 0, 0 0 0 0 0 0 0 41 0, 0, 0 0 0 0, 41, * 0 0 0 0 0 Is 0 Is 41 0 0 0 0, 0 0 0 0 0 0 0 0, 0 0 0 41 41 9 9 0 0, 0 0 0 0 0 0 9 0 0 0 0 0 0 0 9 0 0, 0 0 0 0 0 0 0 0 0 Ok 0 0 0 0 0 0 0 0 0, 9 0 0 0 IS 0 0 9 0 0 Is 0, 0 0 0 0, 0 0 0 0 0 4, 0 0 0, 0 0 0 0 01 0 0 0 0 0 10 0 0 0 9 0 0, 0 0 0 0 0 41, 0 0 0 4, 0 0 0 0 Is 0 0 4, IS 01 0 0 0 9 0 01 0 0 0 0 0, 0 0, 0 0 0 0 0, 0 0 Is 0 4, * 0, 0 0 & 0 0 0 9 9 0 0 0, 0 0 0 0 9 0 a 0 Is 41 0 0 0 & 0 0 0 Is 0 0 0 *****1 41 4, 0 0 41 9 9 Sk 0 * 0 0 0 0 0 0 * 0 0 0 0 0 * 0 9 0 0 0, 0 0, Is 0 0 0 0 Is 4, 0 0 0 0 0 0 0 9 * 0, 0 Q, 0 0 0 0, 41 0 0 0 0 9 0 0 0 0, 4, 0 0 Is 0, 0 0 0, 0 0 * 0, * 0 0, 0 * 0 0 Is Is 0 0 00 00 9 0- 0 0 0 0 41, 0 0 9 0 0 0 4, 0 0 0 0 0 0 0, 0, 0 0 0 0 0 0 0 0 *0 0, 0 0 * 9 9 0 0, 0 0e 9 01 0 0 * 0, 0 0 * & 9 0 0, 4, * 0 0 0 0 0 9 40 0 0 0 0 9 41, 0 0 0 0 & 0, 0 0, 0 IS 0 0 0 Is & 0 0 0 4, s, 0 0, 0 * 0 0 0 0 0 0 0 0 0 9 0, 0 0 0 0 0 0 9 0 4, 0 Is 0 0 0 9 9 0 0 0 0 0 0 0 0 0 0 0 0 9 0 Is 0 0 Is 0 9 0 0, 0 0 4 41, 0 Is Is 0 41, 0 0 0 9 9 0 0 0 0 0 0 41 0 0 0 * * 0 0 0 0 0 0 0 0, * * 0 0 0, 0 0 0 01 0 IS 0, 4, 0 0 0 0 0 Is 0, 0 0 Der 0 0 0, 0, 0 0 4, 0 0 0 0 0 * 4, 0 0 0 0 0 0, 0 * 0 0 * 0 .0 0 0 0 0 0, 9 0 41 0 a 0, 0 IS 0 0 0 0 0, 0 0 0 0 0 0 0 0 0 0 0 0, 0 0 0 Is 0 0 0 Q, 0 0 0 0 0 0, 0 0 0 0 0 coo 0 Is mAL-0 0 0 0 0 0 9 0 0 0 9 0 0 0 0 0 0 0, 4, 0 0 0 0, 0, 0 0, 0 0, 4, 0 * * * 0 0 0 0 0 0 * * 0 0 0 0, 9 0 0 Is 0 &4 0 0 0 s, 0 0 4, 0 9 0 0 4, 0 Is, 0 0 0 0 0 0 0 s, Is 9 0 0, 4, 0 0, 0, 0 0 0 0 9 Is 0 0 0 0 * 0 0 0 * 01 4, 0 0 0 0 0 * 0 0 0 0 A/ 0 0 0 0 0 0, 0 0 0 0 0, 9 0 0 0 41, 0 0 0 0, 0 0 0 0 0 0 0, 0 0 0 0 0 0 Is 0 0 0 0, 0 0 0 0 4, 9 Is 0 0 Ma 4, 0 BAYsIDE DRIVE L E G E N D ww Low Density Residential High Density Residential Commercial THE IRVINE k,..0 I JANY PLAN N ING DEPARTMENT 550 NEWPORT CENTER DRIVE * (714) 644-3011 V, EWPORT BEACH , CALI FORN I A 92660 TITLE: PRECISE LAND USE PLAN DESCRIPTION: PROMONTORY POINT 0 100, FILE: SCALE: DATE: FEB 13 1970 B A y WIA 0 rebruary,10,,, 1970, TO; Joint Harbor Committee FROM; City Harbor and Tidelands Administrator, SUBJECT: Harbor Application 20G-000 APPLICATION'TO: Dredge and bulkhead an .11 acre lagQon,,...connected to the Ha—r-So—rwith a'.100 foot channel -just�east of Balboa Yacht Basin,,. for the purpose of developing an additional waterfront commtinity. See attached drawing. APPLICANT: The Irvine Company, SITUATION: A. This application is part of a series of actions required for the full development of the additional community.- These actions,. currently being coordinated by the City Planning Department include: A Master Plan Amendmentt for changing of.the. Street and Highway Plan. - 2 A Use Permit., .3.. A Tentative Tract Map. 4. A study to determine the effect this development ..would have on the value of City property adjacent to Bayside Drive. separate study by the City considering the pros.... and cons of dedicating privately created waterways. 6. The basic.Harbor Permit plus incremental additional requests as the proposal develops. B. The present request is for dredging and bulkheading onlyl but further applications will have to be made for the detailed bulkheadin - 91 plan and for proposed dock and slip facilities. Requests for private residential slips and floats would be the responsibility of individual waterfront residents in accordance with an overall plan to be proposed by the:..Irvine Company. C. A Corps of Ehgineers permit is necessary and has been applied for. The Corps:has' already advised me that a detailed review will be.given;the request to include: 1. Tidal exchange to determine possible pollution effects.. 2., Ebb,tide currents to determine if there.are adverse erosion or shoalin -effects on the banks -of -the existing -ch npel. .9" n �aL '14 at C, - ;e_ ' C.- . I � Harbor Application )-000, 2/10/70 2 The Corps has further stated that it does not appear "4-- 4- 1, - - - - - - - - D. The Directors of the Harbor District have expressed ..similar interests in water quality, water circulation and erosion. of the banks of the'existing channel. He further feels that consi�_ deration.:,should be.given-to': 1. Responsibility for maintenance of basin project depths. 2. Establishment of pier permit areas for individual.. lots. 3. Dedication of water areas to a public agency for enforcement. Ee Any approval of the Harbor Application at this time would have to be, in'essence, an approval in concept and would have, to be.subject to:, A. Approval of the Corps of Engineers - 2. Approval of the City of.Newport Bqach, whichwould imply approval of other concurrent actions by the - City. F. Other conditions that could be considered.are., 1. Dedication.of the waterway-. ,2'. Maintenance Responsibilities -i 3. Public right of entry.-, 4.: Engineering parameters, 5.16� - Pier-perMit areas. - 00 G., Me DAWES LI GMD/db TO "t"tox rRoKs' Mwbor & Tidolan" mmijaistrator susirM PROMMTORY DAY OU 30 jam"YO I not With Dave mylor "d ja0k Raub to diocuss Pro"Osil"O Of 14 hazloor Perskit for 'Pro"Mtory say. we arrived at tua i�llowiaq conalusimmt a. jadk R*ub will i=aodiatoly appl-y for & Corp$ ot XnVineors'navigation permit in am*%,done* with the emlosod lwtt*r f rots the Corp* * b. Jack R"b will,, for Tho Irvi" compamy, imediately apply for a City Haxbor Vomit for tU6 drodgling. *".rstion. In a subs-Oquout 41scussion with Ro4 Guano I aqr"d to got this up for Comwil oonsideration or* 9 Marab along with your *W of the vxajeat. oo we will apply- for Joint narlxw comittea avvnwal on 10 rebr,"-ry. Tbis will, Otart the. ball rollino in tho co"ty AX*& 16 Thor* will have to be a Oftaidorable amunt of *06"tioning of *PPxQV&U and Pozzits UU0.1, we got soxe, sAvauoed and furthov 4*taiis A" resolved. I am howul of having the. Carps of Sugimoto Persit prior to go to co"OUL tot tho co" will MS&TS the 460assary -bog wator q4auty oxA bydraulics studLes 4"Jxod by boo the Mor DMt am "X* Tb* carps I s4sailt 141" &Utomatically ts)UM 0"0 Of &"nat4w suah as the Departmat of State Fish w4 am* oad Ue ftSional 'Water Owaity: Centxel bmvd on* other &r#^ raw ro"iros atteatica. The cowmil will want 00aw"ts relative to tho d*strOLUty of dedioati" privatoly created W4kt*xV4Ys# "VO xeyter will w"d up The Irvi" Coqpa-ny#s Positiou* x Will sadoav*x to 000rdizate * Staff positiou. Go M , 0 Ok"s Attadh"At CO.' City, MA"OV PUblic Works DiXWO"r *Wim satoty Dixector IN REPLY REFER TO SPLED-E DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES. CALIFORNIA 90053 Mr. George M. Dawes Harbor & Tidelands Administrator City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 C livo,111+11- ZZ January 1970 Dear Mr. Dawes: 4 A copy of the proposal to alter a portion of lower Newport Harbor, as outlined in your submission to Mr. Herron of this office, has been reviewed by the Coastal Engineering and Operations Branch. Mr. Herron discussed our preliminary findings with you in a telephone conversation on 15 January 1970. A detailed review will be given this proposal when your formal request for a navigation permit is made. Our initial reaction is asfollows: a. Tidal exchange of waters in the newly created bay should be studied to determine possible pollution effects. b. The effect of ebb tide currents from the proposed new entrance should be studied to avoid any adverse erosion and/or shoaling effects on the banks of the existing channel. c. It does not appear desirable to extend harbor lines into the proposed basin. d. A navigation permit will be required to connect the pro - posed basin and entrance channel to the existing navigation channel. At'least 30 days should be allowed to process this permit request. If you desire further information on the proposal, please do not hesitate to call on us. Sincerely ours, FM e �, L/ --vv U STATE OF CALIFORNIA— RESOURCES AGENCY RONALD REAGAN, Governor SANTA ANA RIVER BASIN REGIONAL WATER QUALITY CONTROL BOARD 6848 MAGNOLIA AVENUE, SUITE 14, RIVERSIDE, CALIFORNIA 92506 E. DANA BROOKS LAWRENCE E. COFFEY ROBERT A. DAILY WILLIAM H. McGURTY DONALD F. MITCHELL EVERETT C. ROSS ANDREW L. HOLTZ RICHARD A. BUEERMANN Executive Officer January 13, 1970 City of Newport Beach City Hall Newport Beach, California 92660 Attention: Mr. G. M. Dawes, Harbor & Tidelands Administrator This will acknowledge receipt of your letter dated December 29, 1969 regarding d)Z� �et�ivit�ies in Newport Bay and a proposed lagoon development. This board is certainly interested in maintai-ning the waters within this region in the best possible condition and dredging and other construction activities can create problems in surface waters such as Newport Bay. Therefore, in any case relating to man's activities involving potential degradation of any waters of the state, we would appreciate any information to enable us to institute proper controls. The staff of this board and personnel of the Department of Fish & Game reviewed several dredging and other construction proposals in the Newport Bay area on January 5, 1970. Among the proposals reviewed was the Irvine Lagoon you mentioned. Although it appears that this will not be a dredging opera- tion, according to information from the Harbor Department, we would like to be fully informed about the project and its water quality implications. We appreciate your concern and believe that past cooperative endeavors in water quality matters have been most helpful and should he continued. RICHARD A.- BUEERMANN Executive Officer JOVAWXY 30, 1970 TO: PWK: U61bor & WidelWa" Administrator subjums PROOMTORY DAY On 30 JauwaY If I mot with Dave JUWJL*r and Jack Raub to disauss Prooessi" of & Harbor ft=it for ftemwtogy Day. Ue arrived at tb* follovinq O"Olusious a, Jack xaub will imudiately apply for a Corps of A;"iU**WA*' A&Vijj&tiOfA POMit ib aGO*Vd&AG* WitAl the 04010004 letter frm the Carpt, D. Jack Raub will$ 90V The Irvin* copwanyt ins"i&tOly apply for a City harbor Vomit for the 4z*dqiag operation. in a subsequout disoussion with ft4 Qwnj I aqr*#A to sot this up for Council Consideration (a 9 March along with your WW of the Projoet. a,, We will opply for Joint k4urlxw Ccmitta* approval on I* r"ruaXy. This will start the ball rolluiv to the covaty at" 0 There will hav* to be a considerable amoust of comutioning of approvals and Vomit* uAtil we got more advawmd *ad ftrthor dotails am xesolved* I am hapeftl of having the Corps of Bagifteers, P*rnit prior to go tv Opmailt for the Corps Win Oak* tho Aecossavy water quallty *W hydraulUm studies 4asired by both, tho maxbox biguict WW 1. TUO Corps I pax -Nit also Utonatically takes aare Of other &qsnot" such " the Popartwout of interior " su" Fish nod Goo and th* ft9i"al water Quality C"trol ftaxd,* QW other area now requjxos attentioa. TUS Council will W"t 00meats relative to t1W 40sirability of dodioatUq privately created waterways, Dave Kaytor will round up Tho Xrvino Compauy t a position* I will ondea"r to aoarftuata ak Staff position. 0. U. DAWAS Attadvant 00.- city Hana"r Pubuo Works Diroator "rine safety Director DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES, CALIFORNIA 90053 IN REPLY REFER TO SPLED-E - Mr. George M. Dawes Harbor & Tidelands Administrator City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Dear Mr. Dawes: 22 January 1970 A copy of the proposal to alter a portion of lower Newport Harbor, as outlined in your submission to Mr. Herron of this office, has been reviewed by the Coastal Engineering and Operations Branch. Mr. Herron discussed our preliminary findings with you in a telephone conversation on 15 January 1970. A detailed review will be given this proposal when your formal request for a navigation permit is made. Our initial reaction is as follows: a. Tidal exchange of waters in the newly created bay should be studied to determine possible pollution effects. b. The effect of ebb tide currents from the proposed new entrance should be studied to avoid any adverse erosion and/or shoaling effects on the banks of the existing channel. c. It does not appear desirable to extend harbor lines into the proposed basin. d. A navigation permit will be required to connect the pro - posed basin and entrance channel to the existing navigation channel. At least 30 days should be allowed to process this permit request. If you desire further information on the proposal, please do not hesitate to call on us. Sincerely your s, CE SJ4 District Engineer C&se j Waterway status studied Y', Attorney Tully Seymour said Private versus public water� that the city,s powers were a topic of st& limited the same as on private ways will be streets. Harbor study before the Newport Beach Administra- the Ir - tor George Dawes expressed City Council acts On for development however, that the vine Co. plans the opinion; of Promontory Bay near the harbor policies provide for re - north Balboa Island channel. gulation of boating on both pub - on was reached lic and private waterways. This decisi still ning's dis- The ri during Monday eve ght of entry is cussion of the 12-10t tract fron- shaky, Mr. Parsons thought. ting on a dredged out area along Councilman Paul Gruber ex - Bayside Dr. below Irvine Ter- pressed opposition - to any incil approved the further approval of private race. The Col the tract, leaving waterways, because of difficul- final map for in the the newly created water area ties with such features City Mana- Dover shores and Linda Isle ite butdirected priv� ger Harvey Huriburtto under- developments. a study. Following results of having take Vice Mayor LindsleY Parsons the waterways dedicated to the ested: the pror- x,,cought up the issue with a city were sugg que-tion about the city,s police erty would be taken off tte t x powe-,�s on private lots, in- rolls, and the city could c' r-ge rs. eluding underwater lots- City tidelands use fees for ORANGE C HARBOR COMMISSION KEWPOly NA1101 C. C , (JACK) WOOLLEY,_CKA:RMAN W. ALLEN GRUBB, VICE CKA RMAN FRANK F. MEAD DEAN E. SHULL, JR. ROBERT K. HENSON January 14, 1970 Mr. George M. Dawes Harbor and Tidelands Administrator City of Newport Beach City Hall, 3300 Newport Boulevard Newport Beach, California 92660 Dear Mr. Dawes: F IL .Arkz, RMH R DISTRICT KENNETH SAMPSON DIRECTOR - HARBORS, BEACHES 81 PARKS 19 0 1 BAYSIDE DRIVE NEWPORT BEACH. CALIF. 9 2662 TELEPHONE (714) 834-3800 By letter, dated December 29, 1969, you requested that this office review The Irvine Company's marina development proposal for the area commonly referred to as Promontory Point.4 The District's reply as regards to the specific inquiries in your letter, is as follows: a. The Irvine Company's proposal, in our opinion, will affect the use of Newport Harbor and, therefore, should be presented to the Joint Harbor Committee. b. Additional data is not desired at the present time. However, upon submittal of the proposal to the Joint Harbor Committee, it may be necessary to request information regardi-ng possible effects on water quality, water circulation, and erosion of the public beach area across from the entrance channel. c. Special conditions that may be desirable to incorporate into any approvals should include the following: (1) Responsibility for maintenance of basin project depths. (2) Establishment of pier permit areas for individual lots. (3) Dedication of water areas to public agency for enforcement. d. The possible effect of the development on the items you mentioned cannot be determined without a detailed study. (See reply to Item B above). Should you desire to discuss this matter in detail, it is suggested that you contact the District's Development Engineer, Mr. R. Wingard, 834-3814. Yours very truly, KENNETH SAMPSO-K-, Directeof KS:RFW:mph Harbors, Beaches and Parks A 9 January 12, 1970 Mrs. Doreen Marshall City of Newport Beach 3300 Newport Boulevard Newport'Beach,'California J': Honorable Mayoi Marshall. - We are very much concerned and oppoacd t--. the proposed Irvine Company:. developement north clff for the following reasonst We would find ourselves at the ez-,e-�, -.n.1-ard to find dead end street with little; exposure which we certainly nead We think our whole operation would be afr-e-cted, and our Yacht brokerage in.particular. We would be in the same unfortur, that h 3tate the gas station owner would be i,. - .changed the highway passing.his r,.,. business. Also, would not the value o -o'--- ti�..: p-1-c-,per'i - Ly, which the City owns, be substa-t,-,�'Jally reduced by isolating it as this proposal It is hard for us to understand how Ci-c,k; Govern- ment could destroy a public street for the sole benefit of the Irvine Company and at the expe'r.se of ourselves as well as the resLa,"-.-ant, 'Ahardware store and shipyard on the Basin Sincerely yovr;�, BALBOA YACR'-'�, ILNC� Carl H. Flac--a, Mana�.,.-,r CHH: 1 c.c. Newport Beach Planning Commi.-,s.-i6on ALLAN SEEK Planning Commission City of Newport Beach 3300 Newport Boulevaid Newport Beach, California.92660 Gentlemen: January 12., 1970 Re: Promontory Point As a neighbor of the subject development, I wish to endorse it. I feel it will be an asset to the community and to my neigh- borhood. There are some points to which I think you should give attention.in granting apprqval,, however: Dredging the entrance channel will reiftove 100 linear fe'et of public beach on the north side of the Balboa _Lsland Channel., and some compensation should be made, such as ded4b-cating the Promontory Lagoon as a public waterway, and aslking the Corps of Engineers to run their harbor lines into the lagoon. I admit that L the 100 feet of beach to be destroyed are not at resent in a condition to be used or enjoyed by the public, but the practice of letting privated developers dredge away public beaches at will has resulted in the loss of nearly a mile of public beaches in Newport Harbor (notably on the south and west sides of Linda Isle) and it is time for the City to start requiring compensation. 2. The permit which has been requested includes -che blufftop ("Promontory Point" proper.) one of the most insistent desires of the Newport Tomorrow Townscape Committee was that all future bluff - top developments provide for a view drive., somewhat similar to Cliff Drive in Corona del Mar. Since no sp�ecific plans for bluff - top development are shown on the permit, it may be premature to raise zhis point.. but the City should be assured that a height limit of 45 feet above mean lower low water will be inj­_Dsed on all building in the proposed high-density area below the to]� .-,,.f the bluff. Otherwise the! question of a view drive might ' becone academic because the view had all been obscured. If possible, a similar L 'ing along the bluff. limit should be placed on trees and other plant -Ba side The existing 7 Drive has oeen designated as par-� of the bicycle path network. Care should be taken that the new 3a'y- side Drive is saf ,er and more appropriate for this use than the .existing one, which is really quite dangerous. I trust -�';hat the strip 8 feet wide along the north side. of the new Bayside Dr"wve will be a bicycle path. Very truly -yours, cb Allan Beek 28 Beacon Bay Newport Beach California 92662 Waunry 10 ecc-C Eaton To the Newport Bepch City Pla-D-1-ling coyn-riij-�,, im).: I see by the local press that the Irvinn AMU- any's plan foxa new lagoon, additional boat sliph and housing is.to.be pre.onnted to your body this month. is one Atizeny I would like to express myself as being opposed to making our exisi.-ing bay another �Huntington Harbor. i realize that a company such as the Irvine, can pretty well dictate wbat,direction it would lite Newport to grow since it is the largest single landowner within our boundaries, ,However, they can Set enough housing on the sAid property, nnd orobably,will, without dredging" another inlet, Tt wo-ld indeed be pleasant to see some of our iriSinal contours reamin static, 5y no mc�.,-ns can such a plan.be called progressive in my book. Th�-nk you for you attention in this hatter, and happy wrestling with future Amhplanning�problems as t5ey must ond,will arise,- I replize the numbcr ,of.brickbats you-re.ceive far outnumbpr the bouquets. Cordi.ally.. Charles Sj) -0,.-nton V PROMONTORY POINT MEETING Planning Director's Of f i1ce :11 170 People in Att6ndance Wade B eye 1 er,:,, General Services Department Jan Briscoe Fire -Department Mike Stang Planning Department Dave Kaylor The Irvine Company Ben Nolan Public Works Dep a rtmen t.,,,, Bob Jaffe P u b I i c Works Department. Chuck Thompson The Irvine Company Jack G. Ra b u Raub, Bein & Frost 'Rod Gunn �Pianning Department. Bill. Foley Planning Departmen.t B,ob Bein Raub, Bein, Frost & Asso-ciates Jim Tay.lor The Irvine Company Dick Dusterhoff C Parks, Beaches A Re r6i' ion Larry Wilson Planning Department i ver Grant Building Departmen George Dawes Harbor & 'Tidelinds� _ ,2 3 4 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST /HARBOR COORDINATOR - G. Dawes ED PUBLIC WORKS DEPARTMENT C3 FIRE DEPARTMENT E3 BUILDING DEPARTMENT El PARKS & RECREATION APPLICATION OF— Tke Irvin* Company FOR A r1VARIANCE EIRESUBDIVISION Date Dec. 24'. 1969 EE PLANS ATTACHED PLANS ON.FILE IN PLANNING DEPARTMENT rr1USE PERMIT No. 1466 M TRACT MAP TO PERMIT d4V9l0,#0*nt, Of & Small* hOMOSVIONS POSidVAtial arria Con- sisting of single family 404 multiple family dwelling units$ with SUPPOrtifts -CeMerti4l facilities and recreational amenities to inv,lu4e a ya-cht basin and *&ring. 0 N 04 1 PORTON OF —BLOCK 94 TRACT—IrV1005 SUbdIVIS180 Approximately 60 acres of land lot&tod between Pacific Coast Highways, 48ySiOG DriVe, West of Oamborot Road (Promontory Point). REPORT REQUESTED BY January so 1970 COMMISSION REVIEW jafivary Is$ 1970 COMMENTS THE IRVINE COMPANY NEWPORT FINANCIAL PLAZA 550 NEWPORT CENTER DRIVE NEWPORT BEACH, CALIFORNIA 92660 (714) 644-3011 December 22, 1969 Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, California Gentlemen: PROMONTORY POINT Submitted herewith is the development plan of the Irvine Company for the property commonly referred to as Promontory Point.- The plan proposes a homogenous community of single family lots for the construction of custom homes, multiple family residences and supporting commercial facilities, which are oriented toward a.,yacht basin and lagoon. The project is divided into two (2) phases. Phase I, which constitutes the basis of the present Use Permit application, IS Comprised of sixty-two (62) single family lots, a ten (10) acre lagoon with access to Newport Ba a commercial marina with ancillary facilities, and two (2� commercial sites totalling approximately two (2) acres. It is anticipated that construction of -the thirty (30) acre Phase I will commence in the early part of 1970.' The remaining thirty-two (32) acres containing medium high density residential units and an approximate-two'(2) acre commercial site,would be developed at a later date and be subject to the approval of an additional Use Permit which will provide specific information relative to densities, circulation and performance standards. It is proposed 'that Bayside Drive be realigned to accommodate the lagoon. Therefore, it is requested that the City of Newport Beach initiate vacation proceedings forthat portion.of existing Bayside.Drive that will'be eliminated by.the access channel and realignmept of �said'/ street. STATISTICAL ANALYSIS PROMONTORY BAY PHASE I RESIDENTIAL Type Area Acres DU/Ac. DU Per/DU Population Single Family '11.5 1 62 3 Sub Total 11.5 18 SUPPORT FACILITIES Tvpe Commercial 2 2.1 3 .4 1.2 Lagoon and Marina 1 11.0 Sub Total 14.7 Grand Total 186 V 796. C17), or !&4cff, R— E02 ; —bla lan d-�, Marnia Ilroi-nor-tory.Point, rising between East planning Commissioners on Jan.'15., .Oast Highway and Bayside Drive east of Tile 62 -lot residential-inarina develop- J,miborec Road, is the site of a new -ment proposal calls for relocation of �Uter-oriented community propose - d for Bayside Drive to.a.route along,the base (levelopment by the Irvine Company, Of the bluff, city aides said today—The Ph"--. for, thQ project just inland of road would be shoved inland, thus pro. iblk,i Island, called Promontory Bay, viding an area for construction of a �,Jll 1.7,� considered by Newport Beach lagoon marina behind Beacon Bay and the Balboa Yacht Basin. The marina would contain 17 piers and would provide waterfront sites fbr�, restaurants. The lagoon itself would i� average about 100 feet in width� ac- cording to Irvine plans. Its length would be about a half a mile. A total of 60 acres is encompa�sed by tile project, about half of which involves the marina lagoon development, . . " In their application for a use f"r" .1 Pe mit that would allow the development Irvine officials describe the project as a ",small, homogeneous residential area consisting of single family and multiple family ,dwelling units, with 'Supporting com- mercial facilities and r e c r e a t i o n a ' , amenities to include a yaclit.basin and marina." Entrance to the lagoon would b between the Balboa Yacht Basin and thel Villa Marina Motel. At the waterway' easterly end, the Irvine plans show a gu float and small boat'storage area. 4. The Promontory Bay w a t e r f r o n residential lots would be developc�.- similarly to those on nearby Linda Isle; another Irvine project. At the top of thd point, which i1ses some 50 feet above tho bay, high density apartment development is envisioned -Cr.ord;.-,g to Irvine spokesmen. =I ,W waterway in, e. develo ment I . P r747�A new waterway to the bay and a lagoon lined with slips and a little less than a half mile in High density development is length, will be lined 3! W luxury homes are features of a with 62 planned for Promontory Point residential lots, according to itself, which rises some 45 to spectacular, new development 50 the preliminary land use plan feet above the lowlands. revealed this week by the Irvine Co. submitted by the Irvine Co. A The se permit app - u Ilea guest float, smaR boat storage tion will be considered by the The location includes Pro - montory Point area and a marina are shown Planning Commissionat its Jan. at the easterly end of the lagoon. 15 along Coast meeting. Hwy., westerly of Irvine Ter- race and the lowlands between the ;Iuff and Bayside Dr. The p ans call for relocation of Bay - We Dr. to a route along the base of the bluff to make way for the lagoon development west of the Bayside shopping center. The Irvine Co. is applying to the Newport Beach P],anning COmmissioli for a use permit for "development of a small, homogenous residential area consisting of- single f4mily and multiple family dweRing'uaits, With supporting commercialfa- cilities andrecreationalameni- ties to inclyde.a yachtbasinand marina." The waterway entrance con- necting the proposed lagoon to Balboa Island's North Bay, Channel is located hetween the Balboa Yacht: Ba3hl': and the Villa Marina motel. The lagoon, December 30, 1969 TO., Planning Director PROM.- Harbor and Tidelands Administrator SUBJEOT: USE PFJWT #1466, Prorontory Point If the Planning Comaission approves Use Permit #1466, it is recomended that it do so subjeot to the condition that the City Council approves a Harbor Permit for dredging and.bulkheading---' the proposed 11 -acre lagoon. In regard to the Harbor Permitg which has not yet been applied for, itis quite possible that recommendationo from outside will be required in order to insure maintenance of water quality standards and to make sure that the proposed construction will not adversely affect maintenance of nearby beaches. Outside agencies who may have aza interest are: a. Corps of nngiueers b. "gional Water Quality Control Board '00 Orange..County Harbor District if therefis a tinit element involved,, it would be helpful if T40 Irvine Company would provide all engineering data for the dredging and bulkhea ding. I I am particularly interested in any data available on flushing characteristics of the lagoont locations.of storm drains, and any studies on the -possible alterations of currents in the North Balboa Island Channel that may affect nearby beaches. G. M. DAMS cc: Public Works Director December 29, 1969 Mr. Kenneth Sampson,D�rector Orange County Harbor District 1901 Bayside, Drive .Newport Beach, California Dear Ken: .1 have enclosed an application for a Use,Permit by the Irvine Company for a proposed new development that would,involve dredging out an 11 acre lagoon just.below Promontory Point. The Use Permit. is.proliminaky, and�ariy,dredging would require A Harbor Permit. A Harbor Permit has not yet been applied for, but it is anticipated that the City will want to process the whole development as one package. would appreciate your opinions regarding The Irvine Company proposal. Specifically, I'd like your thoughts regarding.the following: a. Should the proposal be considered by the Joint Harbor Committee? b. Is there additional data that you desirefor an evaluation of the proposal? c. What special conditions or restrictions would the Harbor District desire on a permit for the dredging of�thelag.00n and the ,-proposed use'of the lagoon? For example, should there -be a prohi- bitibn of storm drains emptying into'the lagoon? d. is the proposed construction likely to adversely affect water quality, water circulation or maintenance of beaches elsewhere in the bay? Please don't feel constrained to comment only on the above specific points. .The proposal is on the calendar for the Planning comission for 15 January; however, it is the intention of the City Staff to request Mr. K. Sampson 12/29/69 Pg. 2 deferment pending further evaluation. I would preliminary response indicating your interest, to 15 January. Details can follow at a later Sincerely . G. M. Dawes Harbor and Tidelands Administrator GMD/db Enclosures appreciate a if any, prior date. Mr. William J. Herron Coastal Engineering Branch Los Angeles District U. S. Corps of Engineers Post Office Box 2711 Los Angeles, California 90053 Dear Bill: I have attached a copy of to alter lower Newport Harbor. applied for a harbor permit for Planning Commission procedures. package the whole proposal. December 29, 1969 the latest Irvine Company proposal The Irvine Company has not yet they wish to go through some Ultimately, however, we$ll � In the meantime, would you mind looking over their plans to see if there is any Corps.interest. Even though all dredging is behind the bulkhead line, it is my present thinking that a Corps permit should be required because of the postible impact on.the remainder of the harbor. Regardless of permit requirements, I would appreciate your thoughts on the possible impact on water quality, water cirdula- tion and maintenance of beaches elsewhere in the harbor. If possible, I'd like your indication of Corps interest by 15 January. If you feel the Corps has an interest, I'll follow up with a formal request which will include any engineering data I can get from The Irvine Company. I hope that -you will find the New Year happy and prosperous! Sincerely, G. X. Dawes Harbor & Tidelands Administrator GMD/db Enclosures December 29, 1969 Mr. Richard Bueerman Santa Ana River Basin Regional Water Quality Control Board 6848,,Magnolia Avenue Riverside, California 92506 Dear Dick: ­ Thanks very much for sending me a copy of your letter to the Harbor District requiring them to clear their dredging plans with your office. I am delighted to see youand your Board taking such an active interest in the waters of Newport Harbor.. I'm afraid Vm going to need all the help I can get in maintaining a dynamic interest in the quality of harbor�waters. I am taking theliberty of enclosing a recent Irvine Company proposal to create an 11 -acre lagoon connected'to-the harbor. 'I'd appreciate your review -of the.�roposal to see'i,f th'ere is a Boardinterest. Even though the dredging is behind the U. S. Bulkhead Lino, my present thinking is to require approval of your 'Board and the Corps of Engineers prior to recommending approval of the City Council-- if in fact -1 do recommend appr�.1. I would appreciate knowing by 15 January: a. Whether or not -the Board has an interesto in which case I'll send you an official letter with a formal requ6st for Board action. b. Any recommendations you may have concernin �_,the proposal. For example, if approved, I am thinking of conditioning a permit with a prohibition of storm drains in the lagoon. I hope that you'll find the New Year happy and prosperous! Sincerely, G. X. Dawes Harbor & Tidelands Administrator GMD/db , , Enclosures ....... ... . ...... .. > --t-f 7 06 T EAZ 4 VLA QA N \V EST V I C I N IT Y SKETCH JETTI EAST JE E w P 5 K I b A le C A L I F 0 k N I A RAP91L SULE - MWES, NOTE SOUWDINbS ARE E�PUSSED IN FEET AND.�DCNOTE DEPTHS I�ELOW MEAN LOVER LOW WkJEK� MAJIMUML Rk�gGE OF. TI Di 191 $ SECTION Es�TxbusViEb IN APPRO%. 10 FT. HAR60K LINES Pvr= mtkIPUT �Y. c 1 0, 0 CO A C, Ld LKIIE �D� —ta Sl CT 10 W� k'A v A 1-4 1 4 % ? J� �J, 4/j, "4 Ile f I,,) 4 4 `%J eg V L A N 4 EXIST. 6AYSIDE DR. s - . 1. �— /1 0 104 too 100 411 Soo & LULKRE&D LINE SCALF IN FFET RO C HE: �T E F�,L'STILE ET Ito' 8 4' A, c iFoPN [A too 1� COSTA VASS P KQ P 0 S E D KED,�6 IN G SO' 80, MIN. st, 44' 4 XND bU LKA E k -D I'M 6 'PRO M ONJOKY 6A y NEWPOKT tEk(%,, ChLIFORNA +-kEUCATED WSIDE K. 5 Mb. 1570 THE IRVINE. C09fANY SECTION 6-6 TABIPUT CENTER Dz. )j. T. S. K E V I S 17 OCT, 1971 , jave t XELOCATED UYSIDE Pt. SE TIGH 6-6 (�7 kS-SOL i E Er 'N IA HT 0 KY b k y" VEA(H EhLIFO&HIh - by: 5 r=lm THE WINE COMPANY SSO 14EVPDIT CENTEt Dt. MS"/PqVT Uk(14. ULIF ®r C) lot 1/,00 HE VFUXT SEA C Y. C004A DEL '14AIL WEST VICINITY SKETCH JETTV EAST i ETTY NOTE : SOUNDINH ARE EllgeSSEV 10 -MILES FEET AND DENOTE DE?THS 16ELOW MEAN LOVER LOW ATEK. Mh%IMUM IthIGE OF TIDE CIA APPROI. 10 fT. HAU60K LINES AkIlE F REWtO&Y b kyj ESUbUSHEID IN US SECIIIIII 10 0 44 X u SEC 109 A -A ,'4 41 4 , jave t XELOCATED UYSIDE Pt. SE TIGH 6-6 (�7 kS-SOL i E Er 'N IA HT 0 KY b k y" VEA(H EhLIFO&HIh - by: 5 r=lm THE WINE COMPANY SSO 14EVPDIT CENTEt Dt. MS"/PqVT Uk(14. ULIF Crff OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HERERY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PROV:SIGNS Or THE HARBOR PERMIT POLICIES OF NEWPOPT REACH AN!'. ANY SPECIAC CONDITIONS LISTED HEREOH. TFiS PERM., IS NOT TRANSFERABLE WiTHOUT THE WF?,-,Tr-lll CONS'ENT C -r THE CITY HARBOR COORDIIN.ATOR OR CITY COIJNC�L. Th RIGHTS GIVEN UNDER THIS PERMIT ARE P-E-ItIkIISSIVE ONL-. AND THIS PERMIT MAY BE RE YOKED 13Y THE JITY COUNCM IN ACCORDANCE WITH TITLC 17 -OF "E MUNWIPAL CODE. CITY HARBOR :�71 �2-00 -0co jz" -I- / ? P0 PERMIT v SPECIAL CONDITIONS REQUIRED: 711. Approval of the Corps of Engineers., (Corps of Engineers Permit was issued on 20 May,.1970) 2. Approval of the Joint Harbor Committee. (Approved on 14 April, 1970.) 3. 'That the applicant observe precautions against creating excess turbidity as outlined in the State Resources Agency's . letter of 25 March, 1970. 4. That the waterway,. up to but not including the bulkhead, be dedicated to- the City of Newport Beach. 5. That the bulkhead design be approved by the Public Works Directo'k. 6. That there be no overhead wires or,lines over the entrance channel and that any underground utilities in the water area have a minimum of five feet of soil cover. 7. That the Harbor and Tidelands, Administrator and the Santa Ana River Basin Regional Water ouality Control Board be notified 48 hours . in advance of opening the proposed channel to the main harbor. -A-PPROVED AUG 10, By The CITY COUNCIt CITY OF NEWPORT BEACH 777- 0 t It Y. A 0 VA p Z� -- - 2oo-000 �'Vm I i MA DETAIL NO. a, I T d - MEMBERS OF A [RICAN SOCIETY OF " OSCAPE ARCHITE TO SERIES OF 1, a , AST GPOADWA�. ANAHEIM. CALIFORNIA 62691 TELEPHONE (714) I?IC3110-__ JWDATR 4-6-75� SHT- NO. OF 4r p Z� -- - 2oo-000 �'Vm I i MA DETAIL NO. a, I T d - MEMBERS OF A [RICAN SOCIETY OF " OSCAPE ARCHITE TO SERIES OF 1, a , AST GPOADWA�. ANAHEIM. CALIFORNIA 62691 TELEPHONE (714) I?IC3110-__ JWDATR 4-6-75� SHT- NO. OF CITY OF NEIN"EMOK7, 4= J Hu A 6 Li PERMISSION IS C'M.-MM D NNIO MAINTA.'M Ttln-' S �,�t U, 7-171 LE 0 a AT THE TH E Hinvnr; ANY 'E' E2 E C U t u iCu ly H cl Alyki, MOR COOM"'MIATOR 6/- 2 7 PERMIT NO. DATE go 4" ZZ �:!z JI. W �1- Planning Commission Meeting Feb. 5, 1970 CITY OF NEWPORT BEACH February 5, 1970 Items No. 5, 6 & 7 TO: Planning Commission FROM: Planning Department SUBJECT: Master Plan Amendment No. 25 (Item 5) Proposal to amend Master Street and Highway Plan by realigning Bayside Drive between East Coast Highway and Jamboree Road (Marine Avenue) and also to close a section of existing Bayside Drive west- erly of Jamboree Road (Marine Avenue). Use Permit Application No. 1466 (Item 6) Request to permit development of a residential area of single family and multiple dwelling unitsi with supporting commercial and recreational facili- ties, to include a yacht basin and marina. Tentative Map Tract No. 3867 (Item 7) Request to permit subdivAsion of 24.0± acres into 62 residential lots, and Lot "A" reserved for waterway purposes, Lot "B" reserved for planted area, Lot "C" reserved for common waterway access area, Lot "D" reserved for parking and marina facility, Lot "E" reserved for park site and Lot 63 reserved for commercial site. LOCATION: Portion of Block 94 of Irvine's Subdivision located between Pacific Coast Highway and Bayside Drive, west of Jamboree Road (Promontory Point and proposed Promontory Bay) . ZONE: Unclassified, C -N -H and R-3 APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant Application Bayside Drive is designated as a secondary highway on the Master Street and Highway Plan and, therefore, the proposed realignment of Bayside Drive.requires an amendment to the master plan in accordance with Section 19.20.010 of the Municipal Code. TO: Planning Commission - 2. The proposed development is located in an unclassified "U" district and, therefore, requires a use permit in accordance with Section 20.34.020 of the Municipal Code. Section 19.12.101 of the Municipal Code requires the filing of a tentative map as the first step in subdivision of the land into separate building lots for sale or lease. Background Use Permit No. 1466 was continued from the meeting of January 15, 1970, at the request of Staff and the Irvine Company so that all three items which require Planning Commission action regarding this proposal could be brought before*the Commission concurrently. Staff has consolidated the reports for these items. Subject Property The subject property includes Phase I of the proposed development consisting of Parcels 1, 2, 3, 4, and 9 as shown on the proposed Land Use Plan for Use Permit No. 1466, as submitted by the Irvine Company. Phase II of the proposed development would be the subject of a separate use permit application in the future. This phase would include Parcels 5, 6, 7 and 8, which are shown for informa- tion only. These parcels lie north of the proposed realignment of Bayside Drive,and comprise the existing Bayside Shopping Center, a limited expansion of this center to the west, and an apartment, development of all the high ground known as Promontory Point as well as a small area of land at a lower elevation bordering Bayside Drive. The legal description filed with the application for Use Permit No. 1466 includes all of the land in both Phase I and Phase II. However, Phase I is the only portion for which specific informa- tion has been submitted. The existing and proposed uses and existing zoning of the parcels comprising Phase I are approximately as follow: Zoning Existing Use Parcel #1 _U_ Vacant R-3 Boat Repair Facility Parcel #2 _U_ Vacant Parcel #3 R-3 Yacht Club Proposed Use Lagoon Channel Marina Facility and Parki'ng Marina Related Commercial TO: Planning Commission - 3. Parcel #4 Parcel #9 Surrounding Uses Zoning Existing Use R-3 Vacant and Public Right - of -Way Proposed Use Commercial _U_ Vacant Single Family Residential The following properties surround the proposed development and are affected by the realignment of Bayside Drive: 1 Balboa Yacht Basin (land leased from City of Newport Beach). City Manager's office is investigating the possibility of retaining an appraiser to study the effect which realignment of Bayside Drive would have on this property. 2. Beacon Bay (land leased from City of Newport Beach). This property would also be included in the ap- praiser's study. However, the Staff feels that due to the reduction of traffic on existing Bay- side Drive (which could permit use of the rear access to Beacon Bay), the Beacon Bay residential property would benefit. 3. Residences adjacent to Harbor Isle Drive. At present these residences front on a very busy street with potentially dangerous problems of driveway access. Staff feels the reduction' in traffic resulting from the realignment of Bayside Drive would benefit these homes and decrease' the traffic hazards. 4. Bayside Shopping Center. The proposed realignment of Bayside Drive would cut through the southwest corner of the parking lot which would necessi- tate redesigning a portion of the driveway access and parking layout. The driveway connection -shown on the Tentative Map would require further study. 5. Apartments along south side of Bayside Drive be- tween Villa Marina Motel and Shark Island Yacht Club. These apartments'how have direct frontage., on Bayside Drive but would not have direct frontage on the proposed realignment. Further,study of access would be necessary. TO: Planning Commission - 4. Statistical Analysis 3 Marina Related .4 Commercial 4 Commercial 1 .2 9 S i n g 1 e Family 11.5 62 3 186 TOTAL 26.2 62 3 186 Development Characteristics RESIDENTIAL (Lots 1-62) - The Tentative Map proposes 62 single family residential lots surrounding the greater part of the pro- posed lagoon. The Tentative Map includes a typical cross section showing the proposed lagoon and the relationship of lots and streets on both sides. Other drawings on the Tentative Map show typical building sites and street sections. Single family resi- dential lots have the following characteristics: A. Size and Shape. The proposed development is in conformity with the minimum requirements of Section 19.20.110 of the Municipal Code regarding area (not less than 5000 sq.ft. average), width (not less than 50 ft. average), and depth (not less than 80 ft. average). B. Access. Access to lots adjacent to the proposed realignment of Bayside Drive would utilize drive- ways located on common lot lines with turnaround areas so that vehicles would not necessarily be required to back into the street. The Planning Commission recently approved this concept of driveway design for another Irvine Company devel- opment of 12 lots along Bayside Drive near El Paseo Drive. Access to lots adjacent to existing Bayside Drive is provided by conventional driveways. How- ever, Lots 29 through 34 and 42-44, due to their location at intersections and on the curvature of the road, have limited sight distances. The turn- around driveway concept properly could also apply to these lots. Estimated Estimated Parcel Proposed Population Total No.— Use Acres D/U per D/U Population Lagoon and 11.0 Marina 2 Marina Faci 1 ities 2.1 3 Marina Related .4 Commercial 4 Commercial 1 .2 9 S i n g 1 e Family 11.5 62 3 186 TOTAL 26.2 62 3 186 Development Characteristics RESIDENTIAL (Lots 1-62) - The Tentative Map proposes 62 single family residential lots surrounding the greater part of the pro- posed lagoon. The Tentative Map includes a typical cross section showing the proposed lagoon and the relationship of lots and streets on both sides. Other drawings on the Tentative Map show typical building sites and street sections. Single family resi- dential lots have the following characteristics: A. Size and Shape. The proposed development is in conformity with the minimum requirements of Section 19.20.110 of the Municipal Code regarding area (not less than 5000 sq.ft. average), width (not less than 50 ft. average), and depth (not less than 80 ft. average). B. Access. Access to lots adjacent to the proposed realignment of Bayside Drive would utilize drive- ways located on common lot lines with turnaround areas so that vehicles would not necessarily be required to back into the street. The Planning Commission recently approved this concept of driveway design for another Irvine Company devel- opment of 12 lots along Bayside Drive near El Paseo Drive. Access to lots adjacent to existing Bayside Drive is provided by conventional driveways. How- ever, Lots 29 through 34 and 42-44, due to their location at intersections and on the curvature of the road, have limited sight distances. The turn- around driveway concept properly could also apply to these lots. TO: Planning Commission - 5. C. Setbacks. Setbacks are as follow: 1. Rear Yard - 10' Minimum 2. Side Yard - 4' Minimum 3. Front Yard - 10' Min. -Realigned Bayside Drive 17' Min. -Existing Bayside Drive Staff recommends that the front yard setback on existing Bayside Drive should be 20 feet minimum in the drive- way area to prevent blocking of the public sidewalk and right-of-way. C. Grading. Lots 46 through 62 are split-level with approximately 9' difference in pad elevations. A retaining wall separates a portion of Lot 45 from Lot 46. WATERWAY (LOT "A") - The entry channel to the proposed lagoon is proposed to be cut through property owned by the Irvine Company, now occupied by Basin Marine Incorporated and a portion of the Shark Island Yacht Club. The channel location would be immediately adjacent to City -owned property occupied by the Balboa Yacht Basin. The Irvine Company has applied to the Army Corps of Engineers for the necessary navigation permit. The Corps as part of the proces- sing of the permit will make water quality and hydraulic determina- tions as well as coordinate with other agencies such as the Depart- ment of Interior, State Fish and Game, and the Regional Water Quality Control Board. Approximately thirty days are required for,the Corps to process a navigation permit, at which time the results Will be included in the application for a harbor permit. The City Council has asked the Staff to prepare a study on the question of private vs. public waterway for the lagoon proposal. Thi,s topic will be discussed at the joint Harbor Committee Meet- ing on February 10, 1970, and will also be a consideration in the application for a harbor permit. One of the questions for Planning Commission consideration regarding the lagoon is the general concept of adding additional waterways to the existing harbor. LOT "B" (Planted Area) - This is a planting area that forms part of the intersection between the proposed realignment of Bayside Drive and the existing Bayside Drive. (Note: A new name would be necessary for the portion of existing Bayside Drive which would no longer be part of the through route. One name which has been suggested is Harbor Isle Drive.) Staff is of the opinion that the proposed intersection would function satis- factorily; however, the connecting street should be 52 feet i.n width between exterior curbs in order to provide for a 20 foot entering roadway, an 8 foot median, and a 24 foot exiting road- way. TO: Planning Commission - 6. LOT "C" - This is a common waterway access area and beach for Lots 42 through 45. LOT "D" (Marina Facilities and Parking) - Lot "D" is located adjacent to the proposed realignment of Bayside Drive and is an adjunct to the marina, providing space for parking and rest room facilities. The parking lot, 17 -slip marina and dry boat storage facility provide a window -to -the -bay approximately 800 feet in 1 e n g t h . Parking requirements for the marina and small boat dry storage include: 17 slips @ .75 space per boat slip = 13 40 storage spaces @ .25 space per dry storage spaces = 13 Total Required Spaces 26 The proposed parking area presently shows 18 parking spaces. Redesign would be necessary to provide 8 additional parking spaces, or reduce the'number of slips and/or dry boat storage spaces. This,portion of the project offers an opportunity to create a trul-Y outstanding relationship between water,docks, roadway, pedestrian ways, and the development inland from Bayside Drive. Maximum advan- tage should -be obtained from the differences in elevation and the area should be thoughtfully designed to provide for landscaping, benches, etc. LOT "E" (Park Site) - Lot "E" is located adjacent to the west side of the proposed waterway at the point where existing Bayside Drive would be closed and terminated in a cul-de-sac. The Tentative Map shows the cul-de-sac centered on Bayside Drive and overlapping onto City property at the Balboa Marina; this could raise certain prob- lems. However,,it is important that the turning area be fully adequate for larger vehicles,in view of the length of the cul-de- sac, and possible use of the road by large vehicles, trailers transporting boats, etc. The park site would be an additional asset to the community, pro- viding a window -to -the -bay with possibilities for adjacent parking. The portion of Lot "E" not included in the public right-of-way, resulting from the closing of Bayside Drive, should be dedicated to the City, and the existing right-of-way of Bayside Drive should be retained under public control. LOT 63 (Commercial Site) - One proposal for this site is a restaurant to be located on that portion north of the present right-of-way of Bayside Drive. Further information and study would be necessary concerning the relationship between Lot 63 and Parcel No. 3 as shown on the proposed land use plan, as well as the previously mentioned apartment complex. TO: Planning Commission - 7. PARCEL 3, AS SHOWN ON PROPOSED LAND USE PLAN FOR USE PERMIT 1466 (Commercial Site) - The proposed channel would necessitate the removal of the existing Shark Island Yacht Club. One proposal for use of Parcel 3 would be to accommodate replacement facilities for the Yacht club. Further information and study is necessary regarding this parcel. UTILITIES - This project involves major questions of reconstruc- tion and/or relocation of existing utilities to avoid conflict with the proposed channel crossing. The largest single question involves rerouting of the existing 21" trunk sewer line of Orange County Sanitation District No. 5 which serves Balboa Island and Irvine Terrace as well as a large part of Corona del Mar. One of the alternative plans now under consideration for serving the future requirements of Sanitation District No. 5 would involve expansion of this sewer,to 39" diameter. The questions involving utility relocation have been identified and are under study by the Irvine Company, the public and private utility agencies involved, and the City Public Works Department. STRE ET STANDARDS - Comments from the City Engineer are contained in the attached memorandum dated January 28, 1970. Standards shown .on the Tentative Map for existing Bayside Drive appear to be satis- factory, with the exception of questions concerning the cul-de-sac at the east end, and the intersection between existing Bayside Drive and the proposed relocation of Bayside Drive. The alignment shown on the Tentative Map appears to be satisfactory, except that a length of tangent should be provided between the two reversing curves at the east end of the development adjacent to the existing Bayside Shopping Center. Consideration has been given to designing the relocated Bayside Drive to intersect Pacific Coast Highway east of the Iverson Volks- wagen Agency rather than west of the Bayside Inn. Inform-ation has been received from the California Division of Highways indicating that such a connection would be feasible so far as design of the Pacific Coast Freeway is.concerned; however, a freeway crossing of Bayside Drive east of the Volkswagen Agency would not be compatible with a freeway grade separation serving a north entrance to Promon- tory Point, west of Jamboree Road. Such a relocation of Bayside Drive might offer opportunities for increasing the available land area adjacent to the upper end of proposed Promontory Bay and sim- plifying intersection design. The advantages and disadvantages of - any such relocation are under study. Any of these proposed relo- cations of Bayside Drive offer opportunities for shortening the length of the main thoroughfare, improving alignment and reducing traffic past single family homes along the west side of existing Bayside Drive. The attached drawings illustrate three possible typical sections for the relocation of Bayside Drive. Alternate A is the proposal of the Irvine Company as shown on the Tentative Map. Alternate B TO: Planning Commission - 8. has been proposed by the Public Works Department and is based on four travel lanes, an optional left -turn median and parking'along the south side only.. Alternate C has been proposed by the Plan- ning Department and is based on a separate frontage road serving single family dwellings and a four lane major street with no park- ing on either side and a variable median allowing left turns only at intersections. Traffic studies have been presented by consultants for the Irvine Company indicating a potential reduction in average daily traffic on Bayside Drive to 6,500 vehicles from the present flow of 13,000 to 16,000 vehicles. This is based on anticipated diversion of traffic following completion of the Pacific Coast Freeway. E—AVRENCE WTU—SON Planning Director LW/kk Attachments Im # fly, NEVIpU XT S OA &EAtf c c A AAL11A MONA DEL MAt WEST JETTY VICINITY SKETCH EAST 9 1- W P I k T b A'? CALIFOINIA o i ETTY 6RAPHIC, SCALE -MILES NOTE: SOUNDINbS AILE MUSSED IN FEET AND DENOTE DEITHS bELOW MEAN LOVER LOW WATER. MUIMUN HUGE OF TIDE APPROL 10 FT. IMILUR LINES AXIE. ESTAbLIS-1461) IN 'TAI S, SECTIOU OF NEW?Q&T &Ay. ClAf- LULKAUD 2 X� SECTION A -A ILT4 % S. �'4 "4 44 411 qk; 4 4", z EXIST. 16AYSIDE ULKAEAD LIKE L A N iii sit Sao SCALF IN rEET AD 9. A u ROST I, ASS 0 A NbEIN- �"f , 6.r, K 0 C H E S T E K 14' So' PROPOSED D R E D 6 1 N G 144, AND 1� U L K H I A D 19 6 0 b hL Y' P K 0 14 0 N T 0 Ky NEWPDXT MAU. CALIFOXIIIIIi I(ELOCATED UYSIDE Dt. AIPLICATIQN bY: S il-b. 1=11 SECTI 0 H b-6 THE WINE (IMPARYDtL SSO NEV?oxT UNTElt 9. T. S. IIV-jp17,T C.&LIF