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After consideration of Calendar Item 10. attached, and upon motion duly made and unanimously carried, the following resolution was adopted: THE EXECUTIVE OFFICER IS AUTHORIZED TO EXECUTE A BOUNDARY AGREEMENT WITH COAST CAPITAL, INC., THE CITY OF NEWPORT BEACH, AND THE STATE OF CALIFORNIA, A COPY OF WHICH IS ATTACHED AS EXHIBIT "A" AND HEREBY MADE A PART HEREOF, FIXING THE BOUNDARY OF GRANTED STATE TIDE AND SUBMERGED LANDS'ALONG THE SHORE OF NEWPORT BAY, AND AS SHOWN ON "MAP OF LANCASTER'S ADDITION TO NEWPORT BEACH" ON FILE IN THE OFFICE OF THE STATE LANDS COMMISSION. Attachment Calendar Item 10 (5 pages) S69-71 10,290 s. CALENDAR ITEM 10. APPROVAL OF BOUNDARY AGREEMENT IN ORANGE COUNTY BETWEEN THE CITY OF NEWPORT i BEACH, COAST CAPITAL, INC., AND THE STATE OF CALIFORNIA - W.O. 5160. At the request of the Title Insurance and Trust Company, Coast Capital, Inc., asked the State Lands Division to enter into a boundary agreement fixing the boundary line along a portion of the shore in Newport Bay. Inasmuch as Chapter 494 of the Statutes of 1919 and Chapter 70 of the Statutes of 1927 granted these tide and submerged lands to the City of Newport Beach, the City and Coast Capital, Inc., will be the principal parties concerned, _with the State entering into the agreement as an interested third. party. The original waterway was dredged to form the present channel, known as "The Rhine". A comparison of the landward boundary of this waterway with old charts shows no reason to object to accepting this line as the fixed boundary, and both the City of Newport Beach and Coast Capital, Inc., are agreeable to the location of the agreed line. The boundary agreement attached as Exhibit "A" is acceptable to both Coast Capital, Inc., and the City of Newport Beach. The office of the Attorney General previously approved boundary agreements in this form, and Staff Counsel has determined this agreement to be legally sufficient. IT IS RECOMMENDED THAT THE EXECUTIVE OFFICER BE AUTHORIZED TO EXECUTE A BOUNDARY AGRMMT WITH COAST CAPITAL, INC., THE CITY OF NEWPORT BEACH, AND THE STATE OF CALIFORNIA, A COPY OF WHICH IS ATTACHED AS EXHIBIT "A" AND HEREBY MADE A PART.HEREOF, FIXING THE BOUNDARY OF GRANTED STATE TIDE AND SUBMERGED LANDS ALONG THE SHORE OF NEWPORT BAY, AND AS SHOWN ON "MAP OF LANCASTER'S ADDITION TO NEWPORT BEACH" ON FILE IN THE OFFICE OF THE STATE LANDS COMMISSION. Attachment Exhibit "A" -1- A 69-71 10,291 S 35 W.O. 5'160 BOUNDARY AGREEMENT THIS BOUNDARY AGREEMENT, made and entered into by and between THE CITY OF tEWP ,,ORT- BEACH (as Party of the First Part herein- after referred to as "City") and COAST CAPITALS INC., a California corporation, (as Party of- the Second Part hereinafter referred to as "Capital") and STATE OF CALIFORNIA., acting by and through the STATE LANDS COM- MISSION (as Party of the Third Part hereinafter referred to as "the State"). W I T N E S.S E T H WHEREAS, the State acting through the State Lands Commission is authorized by Section 6357 of the Public Resources Code to establish by agreement the ordinary high crater mark or the ordinary low water mark of the swamp, overflowed, marsh, tide or submerged lands of this State, when- ever it is deemed expedient or necessary; and WHEREAS, the City of Newport Beach, per Chapter 494-f Statutes of 1919, and Chapter.70, Statutes of 1927 holds all right, title and interest in and to the tidelands and submerged lands in Newport Bay.;and WHEREAS, Capital appears of record as owner of certain uplands bordering on a waterway known as "The Rhine" in Nevport Bay, Orange County, California; and WHRIE S, the State Lands Commission, pursuant to Section 6301 of the Public Resources Code, is vested with all jurisdiction and autho- rity remaining in the State as to. tidelands and submerged lands to which -1- f 0. grants have been made or may be made; and WHEREAS, -the ordinary high water mark or the ordinary low water mark as each may have existed in its last natural state has been affected by artificial and natural processes or a combination of both; and WEREAS, the State, the City and Capital consider it expedient and necessary and in the best interests of all concerned to describe and fix permanently *the boundary between private uplands and granted tidelands and submerged lands and forever set at rest any and all questions relat- ing to the location of said boundary line; NOW, THEREFORE, in order to locate, describe and permanently establish the -true and correct boundary line between the uplands oymed by Capital and the tidelands and submerged lands in Newport Bay, it is agreed between the State, the City and Capital that said boundary line shall be as follows: The southeasterly line of Block 324, of Lancaster's Addition to Newport Beach, California, as per map recorded in Book 5, Page 14 of Miscellaneous Maps, Records of Orange County, California, said line also being the northwesterly line of "The Rhine", a waterviay 60 feet in width shown on said map. This agreement shall be binding upon and inure to the benefit of the succes-sors and assigns of the parties hereto. IN WITNESS W MEOF, the parties hereto have executed this agree- ment on the dates hereafter written: D;Xe of SYgnature Date of Signatur CITY OF .,N ORT BEACH By Iayor ity Vlerk 0. grants have been made or may be made; and WHEREAS, -the ordinary high water mark or the ordinary low water mark as each may have existed in its last natural state has been affected by artificial and natural processes or a combination of both; and WEREAS, the State, the City and Capital consider it expedient and necessary and in the best interests of all concerned to describe and fix permanently *the boundary between private uplands and granted tidelands and submerged lands and forever set at rest any and all questions relat- ing to the location of said boundary line; NOW, THEREFORE, in order to locate, describe and permanently establish the -true and correct boundary line between the uplands oymed by Capital and the tidelands and submerged lands in Newport Bay, it is agreed between the State, the City and Capital that said boundary line shall be as follows: The southeasterly line of Block 324, of Lancaster's Addition to Newport Beach, California, as per map recorded in Book 5, Page 14 of Miscellaneous Maps, Records of Orange County, California, said line also being the northwesterly line of "The Rhine", a waterviay 60 feet in width shown on said map. This agreement shall be binding upon and inure to the benefit of the succes-sors and assigns of the parties hereto. IN WITNESS W MEOF, the parties hereto have executed this agree- ment on the dates hereafter written: D;Xe of SYgnature Date of Signatur CITY OF .,N ORT BEACH By Iayor ity Vlerk } i STATE OF CALIFORNIA 1 COUNTY OF Oran� ( ss On this 5th day of •Auggst in: the year 1964 before me, ,a Notary Publie in and .fox sai.d--County and State, personally appeared Paul J. Gruber and Margery. Schrouuer known to me to be the layer` and C.i.ty Clerk of the City that executed the within Instrument and aelmowledged to me that sliab -.ni tr Avx-rn1' .A 4.i A rr 3:.lCA. PRINCIPAL O;P;i;E Ifl t ORANGE COUNTY .w....r. r ............. ..... ._.......... ....................... Dame Typed or Printed NOTARY PUBLIC IN AND FOP, S111D COUNTY AND STATE My Commissim A <pires laiiuury 9,19Z COAST CAPITAL,. INC C. BY Date of Signature President :-.. ] By to of SignatureC• �;�i. Secretary 7 STATE QF 0RtD COUNTY OF } ss On this day, , f �� 41- in the year / G before me, yea n Notary Fublzs< in andPfor said County and State, personally appeared and known to me to bei thei-— and e"_X_e_ iM of the corporation that' executed the within Instrument and acknowledged t� me that such corporation executed the same. . _. ARDMI DEEDS My Commisslom FxNras .Jen. 29,. 1968 Aurae `[`yped or PrintedT— NOTARY PUBLIC IN AND FOR &A.ID COUNTY AND STATE J- I SEE 8 4 Date of Signature STATE OF CALIFORNIA Acting by and through STATE LANDS COMMISSION By F. J.i1TIG Executi/Officer STATE OF c�ORNIA ) ss COUNTY OF On this day of in the year before me,—�c.cfi Notary Public in and forA'ai:d Coufity and State, personally appeared. F.J. HORTIG; known tom to be. the Executive Officer of the State Lands Commission, and.kno*vm to me to be the person who executed the within Instru- ment on behalf of said agency, and acknowledged to me that such agency executed the same. FILE Copy APPRO IM: SOCt. otl Read , Fiscal legal TLE STPj ATTO , Notary Public' Commission Expires October 30, 1966 Name Typed -or PrintedT— NOTARY PUBLIC IN AND FOR SAID COUNTY AND.STATE -4- The undersigned constituting all of'the members of the Board of Directors of Coast Capital, Inc., do hereby unanirroasly-adopt-the, following resolution on this 7th day of August 1964-, as if adopted at a special meeting of the Board of Directors duly and regularly held: RESOLVED that the President and Assistant -Secretary be authorized to execute a Boundary Agreement for and on behalf of Coast Capital, Inca between the City of Newport Beach, Coast Capital, Inc. and the State of California, .acting by and through the State Land Commission, to locate, describe and permanently establish the true and correct boundary linebet.wee.n the uplands owned by Coast Capltal,.lnc.. and ..the tidelands and submerged lands in Newport Beach, said boundary line to be:. The southeasterly line of Block 324, of Lancaster's Addition to Newport Beach, California, as per map recorded in Book. 5, Page 14 of Miscellaneous Maps, Records of Orange County, California, said line also being the northwesterly line of "The Rhine", a. waterway 60 feet in width shown on said map, . signed Noel Singe (signed A rdyth needs (signed _ S. Heifetz ) Certification I hereby certify that the above is a true and correct copy of the Resoluti.on duly adopted unanimously by alI'of the members of the Board of Directors of Coast Capital, Inc. on August 7, 1964 and same has not been altered,' amended br rescinded. Secretary of Coast Capital, Inc, STATE OF'CALIFORNIA EDMUND G. BROWN JR., Governor CALIFORNIA STATE EXECUTIVE OFFICE 100 Howe Avenue, Suite 100-South LANDS COMMISSION y Sacramento, CA 95825-8202 January28, 2013 Mr. Sherman Stacey Gaines & Stacey LLP 111 Bayshore Drive, Suite 280 Corona del Mar, CA 92625 Re: 2808 Lafayette Avenue, Newport Beach Dear Mr. Stacey: JENNIFER LUCCHESI, Executive Officer (916) 574-1800 Fax (916) 574-1810 California Relay Service TDD Phone 1-800-735-2929 Voice Phone 1-800-735.2922 File Ref.: SD 2012-12-13.1 Thank you for your letter dated January 11, 2013. As you pointed out in your letter, you received a letter on December 12, 2012 from Ms. Kato of the Commission's staff that indicated: "After review of the information provided and in-house records, staff has determined the Rhine Channel between 28t" Street and 291h Street consists of an artificial cut from lands the State acquired and patented as Swamp and Overflowed lands (S&O Location 3089)." "A portion of the present Rhine Channel may extend onto the natural bed of lower Newport Bay which at this location has been granted to the City of Newport Beach, pursuant to Chapter 74, Statutes of 1978, as amended." The following paragraph in Ms. Kato's letter indicated that: "This conclusion is without prejudice to any future assertion of State ownership or public rights, should circumstances change, or should additional information become available. This letter is not intended, nor should it be construed as, a waiver or limitation of any right, tile, or interest of the State of California in any lands under its jurisdiction." As you indicated in your letter, the Commission's legal staff earlier in the day on December 12th had informed Coastal Commission staff that: "A very rough and preliminary analysis indicates the parcel in question appears to be former tidelands, and is probably subject to the grant to the City of Newport Beach. (Ch. 74 Stat. 1978). As former tidelands, the parcel would be subject to the public trust. Our title unit examined a Mr. Sherman Stacey January28, 2013 Page 2 U.S. Coastal Survey (T-1032) performed in 1875, and also noted a boundary line agreement (BLA 54) just south of the parcel in question." "It was important to us for you to receive a timely answer. As you know, these issues can be complicated, and take some time to sort out. However, based on a brief review of the records at hand, staff have found evidence that the property may be subject to the public trust." You indicate that is difficult to understand who the legal staff consulted with in reaching their conclusion, given that Mr. Morehart was referred to Ms. Kato of the Land Management staff. The legal staff consulted with our Title Unit staff. The differences in the responses in the two contacts made resulted from a number of factors. The Commission staff has been undergoing a restructuring of responsibilities in which issues relating to lands granted intrust to a local government (like the City of Newport Beach) were previously handled by the Land Management Division, where Ms. Kato is assigned. That responsibility transitioned late last year to the External Affairs staff. Also since staff of two different divisions were contacted by two separate entities from outside, the two responses that were requested had some differences. Technically, Ms. Kato's statements reflect the record of acquisition and disposition of the subject lands by the State. The subject area of Rhine Channel was in fact cut (dredged) out of lands that were designated as swamp and overflowed lands on certain early surveys and the State "acquired" a record patent and subsequently "patented" the area with the designation of swamp and overflowed lands. To clarify, in many instances throughout the state, early surveys often identified marsh tidal areas as salt marsh, or swamp and overflowed, or tidelands. This reflected both the difficulty in determining their true legal character, because these areas showed evidence of inundation and marsh vegetation and were clearly of the physical character of swampy or overflowed, even though they may have in fact been located below the elevation of mean high tide and hence factually and legally tidelands, subject to the public trust doctrine. Tidelands by their very character are, or were where man made changes have changed their character, overflowed on a twice daily basis by the tides, and in protected embayments, such as lower Newport Bay, were often also subject to the growth of marsh vegetation. It should also be acknowledged that other early surveys (such as the 1875 U.S. Coast Survey (T-1032) and 1912 U.S. Army Corps of Engineers hydrographic survey of lower Newport Bay) provide more precise survey data than the township plats of the General Land Office used by the federal government in characterizing lands as swamp or overflowed lands. In reliance on designations by some early surveyors as swamp and overflowed as indicated above, the United States would sometimes issue a patent to California, transferring any interest the United States might own adjacent to the State's sovereign tide and submerged lands. Likewise, many of these areas overflowed (by tide waters) were also subsequently patented by the State, based on the belief as indicated on the survey that they were swamp or overflowed. For a period of time in the 19th Century, California also sold tidelands in certain areas within embayed waters and some of these lands have been determined to be validly patented into private ownership, but remain Mr. Sherman Stacey January 28, 2013 Page 3 subject to the public trust easement. Certain lands designated as swamp and overflowed by patent, but in fact tidelands, were confirmed into private ownership, but likewise remain subject to the state's retained easement. Lower Newport Bay lends itself to much such confusion given the difficulty in determining the factual and hence legal character of the lands. The State Lands Commission has been involved in a number of instances in resolving these issues in Newport Beach, both by litigation and title settlement agreements, including boundary line agreements such as BLA 54 mentioned above. Last year title to just such an area south of the Rhine Channel (Marina Park) located between 16th and 19th streets was resolved by an agreement between the City of Newport Beach and the Commission. In your letter, you requested that we send a written communication to the Coastal Commission as to "whether or not the property where the bulkhead is proposed is subject to the public trust" and "that the State Lands Commission has no objection to the erection of the bulkhead in the location recommended by the Staff of the Coastal Commission." This letter should be considered a determination by the staff of the State Lands Commission that the issues of whether the subject property was or is factually or legally tidelands is unresolved given the present analyses of the evidence. Ultimate resolution of this issue can be determined by either adjudication or agreement among the upland owner, State Lands Commission and City of Newport Beach. You indicated a willingness to discuss this matter further and we are certainly willing to do so as well. As to the issue of objection to the placement of a bulkhead, we believe the California Coastal Commission and City of Newport Beach are the appropriate agencies representing the State as to permitting development at this site. Please feel free to contact me at (916) 574-1992 if you have any questions or comments. Sincerely, Sheri Pemberton Chief of External Affairs cc: City of Newport Beach Matthew Christen, Staff Counsel, California Coastal Commission Hope Schmeltzer, Chief Counsel, California Coastal Commission STATE OF CALIFORNIA EDMUND G. BROWN JR., Govemor CALIFORNIA STATE LANDS COMMISSION 100 Howe Avenue, Suite 100 -South Sacramento, CA 95825-8202 John Moreheart 126 East 16th Street Costa Mesa, CA 92627 December 12, 2012 Via Email: johnmmoreheart@sbcglobal.net SUBJECT: Rhine Channel, Newport Bay, CA Dear Mr. Moreheart: JENNIFER LUCCHESI, Executive Officer (916) 574-1800 FAX (916) 574-1810 California Relay Service from TDD Phone 1-800-735-2929 from Voice Phone 1-800-735-2922 Contact Phone: (916) 574-1227 Contact FAX. (916) 574-1835 File Ref: SD 2011-07-01.1 This letter is in response to your request for a determination by the California State Lands Commission (CSLC) as to whether it asserts a sovereign title interest within the Rhine Channel in Newport Bay. As general background, the State of California acquired sovereign ownership of all tidelands and submerged lands and beds of navigable lakes and waterways upon its admission to the United States in 1850.. The'State holds these Lands for the benefit of all people of the State for statewide Public Trust purposes, which include but are not limited to waterborne commerce, navigation, fisheries, water -related recreation, habitat preservation, and open space. On tidal waterways, the State's sovereign fee ownership extends landward to the mean high tide line, except for areas of fill or artificial accretion or where the boundary has been fixed by agreement or a court. On navigable non -tidal waterways, including lakes, the State holds fee ownership of the bed of the waterway landward to the ordinary low water mark and a Public Trust easement landward to the ordinary high water mark, except where the boundary has been fixed by agreement or a court. Such boundaries may -not be readily apparent from present day site inspections. .The CSLC has jurisdiction and management authority over all ungranted tidelands, submerged lands, and the beds of navigable lakes and waterways. The CSLC also has certain residual and review authority for tidelands and submerged lands legislatively granted in trust to local jurisdictions (PRC §6301 and §6306). All tidelands J. Moreheart Page 2 and submerged lands, granted or ungranted, as well as navigable lakes and waterways, are subject to the protections of the Common Law Public Trust. After review of the information provided and in-house records, staff has determined the Rhine Channel between 28th Street and 29th Street consists of an artificial cut from lands the State acquired and patented as Swamp and Overflowed lands (S&O Location 3089). A portion 'of the present Rhine Channel may extend onto the natural bed of lower Newport Bay which at this location has been.granted to -the City of Newport Beach, pursuant to Chapter 74, Statutes of 1978, and as amended. This conclusion is without prejudice to any future assertion of State ownership or public rights, should circumstances change, or should additional information become available. This letter is not intended, nor should it be construed as, a waiver or limitation of any right, title, or interest of the State of California in any lands under its jurisdiction. If you have any questions, feel free to contact me at the number above, or via email atraq ce.kato(D-slc.ca.gov. Thank you. Sincerely, Grace Kato Public Land Manager FRED GAINEs SHERMAN L. STACEY LISA A. WEINBERG REBECCA A.THOMPSON NANCI S. STACEY KIMBERLY RIBLE ALICIA13. BARTLEY LAW OFFICES OF GAMES & STACEY LLP 1111 BAYSIDEDRIVE, SUITE 280 CORONA DEL MAR, CALIFORNIA 92625 February 25, 2013 BY FEDERAL EXPRESS Jennifer Lucchesi, Executive Officer California State Lands Commission 100 Howe Avenue, Suite 100 -South Sacramento, CA 95825 Re: 2808 Lafayette Avenue, Newport Beach Lots 5 & 6, Block 425, Lancaster's Addition Dear Ms. Lucchesi: TELEPHONE (949)640-8999 FAX (949)640-8330 The undersigned represents 2808 Lafayette Avenue, LLC, a California limited liability company (the "LLC"). The LLC is the title holder of certain real property located at 2808 Lafayette Avenue, City of Newport Beach. The property consists of Lots 5 & 6, Block 425 of Lancaster's Addition. I have enclosed a copy of the original tract map for Lancaster's Addition recorded in 1907 and a copy of a Parcel Map recorded on April 27, 1977 (Book 95 Page 44 of Parcel Maps, Official Records, Orange County) which combined Lots 5 & 6 into a single parcel. On December 12, 2012, my client received a letter from Grace Kato, Public Land Manager, State Lands Commission. Ms. Kato's letter stated: "After review of the information provided and in-house records, staff has determined the Rhine Channel between 28' Street and 29' Street consists of an artificial cut from lands the State acquired and patented as Swamp and Overflowed lands (S&O Location 3089). "A portion of the present Rhine Channel may extend onto the natural bed of lower Newport Bay which at this location has been granted to the City of Newport Beach, pursuant to Chapter 74, Statutes of 1978, as amended." On January 10, 2013, the City of Newport Beach communicated to me that the City believes the water area landward of the property line/Bulkhead Line to be private waterways and not City Tidelands. A copy of the City's letter is enclosed. I have also enclosed a copy of the Ms. Jennifer Lucchesi State Lands Commission February 25, 2013 Page 2 City's GIS mapping of harbor resources showing only the property outside of my client's boundaries to be within the public waterway of the Rhine Channel. On January 28, 2013, I received a letter from Cheri Pemberton, Chief of External Affairs, which stated that the matter of the boundary of the tidelands on my client's property was "unresolved". Ms. Pemberton stated that this issue can be determined by agreement among the upland owner, State Lands Commission and City of Newport Beach, and indicated a willingness to discuss this matter further. My client's property is a portion of Lot 2 in Section 33 as described in the patent for S&O Location No. 3089. The property is immediately south of the boundary between said Lot 2 and Lot 6 in Section 28 also as described in the patent for S&O Location No. 3089. The property is approximately 400 feet east of the west boundary of said Lot 7. I request that the State Lands Commission enter into a boundary line agreement with my client and the City of Newport Beach determining that the boundary between state tidelands subject to the public trust and my client's private property be established on the easterly boundary of Lots 5 & 6. This boundary is shown both on the Lancaster's Addition Tract Map and on Parcel Map, Book 95 Page 44. I have enclosed an aerial photograph identifying with a red line the location of the requested boundary. This boundary would be consistent with the State Lands Commission action on BLA 54 which established the identical boundary for all 12 of the Lots in Block 324 of Lancaster's addition, property within 150 feet of my client's property. A copy of BLA 54 is also enclosed. In addition, approximately 300 feet north of my client's property the California Coastal Commission approved the filling of 32 feet of water area and the construction of a bulkhead on Lots 4, 5, 6 and 7 of Block 328 of Lancaster's addition (2912 Lafayette Avenue). I have attached a copy of the findings of fact by the Coastal Commission on its Coastal Development Permit No. 5-89-286. The State Lands Commission had no objection to such filling and bulkhead as stated in its Status Determination dated August 2, 1989 (PN CE LA 89-224). My client does not intend to construct a bulkhead at the property boundary as others have done. My client proposes to construct a bulkhead to protect the structural integrity of the existing buildings on its property in a location which would be approximately 30 feet to the west and upland of the requested boundary line. In summary, there is a Boundary Line Agreement 54 which establishes the boundary between public tidelands and private lands at the easterly boundary of Block 324 of Lancaster's Addition. There is a bulkhead constructed after 1989 at the easterly boundary of more than V2 of Block 328 of Lancaster's Addition. Only Block 425 lies between Block 324 and Block 328. Ms. Jennifer Lucchesi State Lands Commission February 25, 2013 Page 3 I have requested that the City of Newport Beach, as trustee of the tidelands under Chapter 74, Statutes of 1978, as amended, join in my application for a boundary line agreement at the boundary of Lancaster's Addition. Joinder in my request requires action by the City Council. Upon any such action by the City of Newport Beach, written evidence of the City's concurrence will be submitted to you. I am prepared to discuss this with you or any member of your staff. Sincerely, SHERMAN L. STACEY SLS/sh cc: Warren Crunk, Esq. Mr. John Morehart Mr. Chris Miller NEWPORT BEACH WORKS DEPARTMENT Harbor Resources January 10, 2013 Gaines & Stacey, LLP Attn: Sherman Stacey 1111 Bayside Drive, STE 280 Newport Beach, CA 92625 RE: 2808 Lafayette Avenue Dear Mr. Stacey, I am responding to your December 14, 2012 letter in which you requested clarification of the City's interpretation of the water area fronting 2808 Lafayette. You have noted in your letter that your client has a "60 foot waterside boundary at the established bulkhead line of the Rhine Channel." I have reviewed the aerial photo with the Bulkhead Line shown, and would like to correct your statement by noting that the Bulkhead Line is approximately 40' bayward of the physical bulkhead of the property. In addition, the Pierhead Line is approximately 10' bayward of the Bulkhead Line. I also note that the property line for 2808 Lafayette exactly follows the Bulkhead Line which is 40' bayward of the physical bulkhead as stated above. Per your request, and based on the information available, the City believes the water area landward of the property line/Bulkhead Line to be private waterways and not City Tidelands. Please feel to contact me if you have any additional questions. 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 • www.newportbeachca.gov/harborresources zi 4,11 ca TJ I Nk F9 _q !F-777,7 . IN 3N IN' N t LA A, TF `ly iAl4lo ly ��1 ej ,,Ixly +c ,N � \\ i\\I'. !�� �_ 1 _ C— �� i,s. � I 1 '/-V�, A, -VU IM !Z z Z ji SN onvoik-ion all 85 44 Erxm EmmuH'S CERTIFICIIE: MSINEERE CERTIFI4TE: NAv aREO.P..i wml'rxt T[ iaXgplDmHtNov rw euLunolPx YAPAer Txlf uAP Nae DRTPLRLD eY M[ oq LLXRRR MY D1w[CTIOn AND AND LOaK OgRrIAINDti wN0 rNa W.v N! 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FAufOtwul 33 T"aw�NT;J.�P?ANI: B�P7 r o•,;�iw wl�o.� alp,­,- �� N� wlw°�NA.".[e I:HS'LLe H=a iecTN[ . INwl Naar[uwtXT,wND [wex.lowtiP.aDm M[�r1.Ar uic i�UTID gAt130i SE1RIN06: rx2 i. L„''' 'y��)) uN[ e[AggD3a PF s..fo•[w'eaa • Haw�ow wGl•'Iwv�PRaD In BOOM. YY OOHNIH1aX tNM1LLi .q+•}.�F�—•�,,�sMaAW s NaaY Wu PAeE e0 of q[Ca RD OF 6Y0.KY3. gLCDPne DF OwwN06 L•pueTi6iY. SLI OAWNgNIA, WAS LL1L0 N TNL 41913 OF nLAgiM03 FOL TMIL MAq JATINi E. NNHEF OIONATURuE OMI�lIOwN3: Geste.auWe .x(a)D/Piia� � ii YONUMENTATION: saw _ Ret ww Lt woNwTEi ra+uxlxT Nn w�Ict,T.LNbLwwlw O -i ew'>�Y e�TgN min J*ryD O pGll! 8[r Tlt WRN TLS RCE IGSOY w,a M e.fT • 'Nw wi NwcXr F[ �PCLOL�« �! • / IYPgiv[MLMT GSRDFGT[: N Lea[ I ie. Alae Ari. arrlGl WOONNTMpLNWOLs p6n10N iie1l.l or TMs eueeNlNOa Al Acr, xpi.0 B MY[R( mriX r.Mi rM! TaNYNM[ IWtOY,L1aMf Yn.L L[ GONArRYOitO 90 TN STREET NwXIR x uoRrNa PF TNL arcotlMnex OF TND Na L NAT • ANwaLD p,y,�A LY[TlL ANO e,DeWaLC M OeHiTw.=.ieD A10Ne GFAYETM x.Hil. .i LAUFORMA COAML ga.> PtMit .� �' WHO mkm CA �.W Date IS, Aorl 1 40 &D-HINISTRATIVE PERNIT This permit will be re rated to the COWisSiOft at the ollowi: 9 time and, puce: May 11, 1989 - Thursday: 900 A M. -- Burton Chace Park West End of Mindanao Way, Marina -,del Rehr. AiT-te fore., You m Igy Ptoreed with dev l� Ment the followinq must occur; PETER DOUGLAS Executive Director Title: Coastal pla ni Analyst 1 4/88 4 ` Page, IT—ANDARD CONDITIONS: inspections. The tommission staff shall be allowed t inspect the site and the projectduring its development, subject o 4 -hour advance notice. 6- AssigAr_ent- The permit may be assigned to any qualified person, provide4' assignee files with the Commission an affidavit accepting all terms and conditions, of the permit. 7. Terms rid �ond°itions Run with the tend. These terms and conditions shell be perpetual, and it is the ire entionof the Commission and the permittee to hind all future owners and possessors of the subject property to the terms and conditions, UJlV iR iI.DR' OETERMIOATION (continued); 5-09-286 Page 44 (6) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. (7) Restoration purposes. (8) Nature study, Aquaculture, or similar resource. dependent activities. Section 30230 states: Section 30231 states. The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained andwhere feasiblerestored through, among other means, minimizing adverse effects- of waste water discharpes and entrainment, cortErpi ting runOTT, preventing 4eptetion of substantial interference with surface water reclamation, maintaining natural vegetation riparian habitats, and minimizing -alteration emphasis added Section 30235 states: flow, encouraging waste water buffer areas that protect of natural streams. Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal -dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Existing marine structures causing The applicant has submitted written documentation that the proposed bulkhead it for the improvement and continued utilization of the site as a boatyard, and that without the project as proposed the available area on the site will be insufficient to keep the boatyard open (Exhibit #-2). The improvement of the boatyard by the construction of the bulkhead is consistent with section 30233 (3) Date of Signing N Virintty Map axy California Coastal Comnission 24s w. Broadway, Suite 380 Long Beach, CA 90801 I To whom it may concern: Please call if you have ax y questions. '(714 . )673-3777 z __K_ Ca nery villa4e Investmeft- Partnership 4. ptussell E* FlutertAg— K[uo{)u|put |ouzc | u[| http:/�v\^vvhcit!newpot-t'beackcuus/serv &=-ib��10srinmaMen/iceNuou'=n l2/|0{20|2 FRED GAINES SHERMAN L. STACEY LISA A. WEINBERG REBECCA A. TrIOMPSON NANCI S. STACEY KIMBERLY RIBLE ALICIAB. BARTLEY BY HAND bELIVERY and EMAIL Mr. Chris Miller Harbor Resources City of Newport Beach 829 Harbor Island Dr. Newport Beach, CA 92660 LAW OFFICES OF GAINES & STACEY LLP 1111 BAYSIDE DRIVE, SUITE 280 CORONA DEL MAR, CALIFORNIA 92625 April 3, 2013 Re: Request for Boundary Line Agreement 2808 Lafayette Avenue, Newport Beach Dear Mr. Miller: TELEPHONE (949)640-8999 FAX (949)640-8330 On February 25, 2013, I made a request to the State Lands Commission on behalf of John and Lisa Morehart, the owners of 2808 Lafayette Property, LLC (the "LLC") for a boundary agreement on property owned by the LLC. I sent you a copy of that letter request and have attached it to this letter as well. The LLC owns the real property at 2808 Lafayette Avenue, Newport Beach (the "Property"). The Property measures 60 feet by 100 feet and has a 60 foot waterside boundary at the established bulkhead line of the Rhine Channel. I am advised by counsel for the State Lands Commission that as the trustee of the tidelands in Newport Harbor, it will be necessary for the City to join in any such boundary agreement. I have enclosed a survey of the property which shows the easterly boundary of the Property adjoining the Rhine Channel which is the location at which I have requested that the boundary between the tidelands and the unencumbered private property is located. In 1964, the City entered into a similar boundary agreement related to Block 324 of Lancaster's Addition which is the 2700 block of Lafayette Avenue. I have enclosed a copy of the State Lands Commission file on Boundary Line Agreement 54. It is my understanding that the City disclaims any tideland trust interest in property which lies to the west of the Rhine Channel bulkhead line as established by the Army Corps of Engineers. Mr. Chris Miller City of Newport Beach April 3, 2013 Page 2 The reason this request is being made is that the State Lands Commission has refused to confirm the boundary of the Property and claims that the boundary of public trust interests along the Rhine Channel is "unresolved". I have enclosed a copy of a letter dated December 12, 2012 from Grace Kato, Public Land Manager for the State Lands Commission which affirms that the Rhine Channel was dredged from Swamp and Overflow Lands. However, on January 28, 2013, Sheri Pemberton, Chief of External Affairs for the State Lands Commission wrote to me stating that the matter of the boundary along the Rhine Channel was unresolved, but could be resolved by agreement or by adjudication. I have enclosed a copy of Pemberton's letter. It is the LLC's desire to resolve the boundary determination by agreement. I am available to discuss this matter at any time. You or any other member of the City staff can reach me at 949-500-6326 for any purpose. ncerely, L lef, SHERMAN L. STACEY cc: Mr. & Mrs. John Morehart FRED GAINES SHERMAN L. STACEY LISA A. WEINBERG REBECCA A. TrIOMPSON NANCI S. STACEY KIMBERLY BIBLE ALICIAB. BARTLEY BY HAND DELIVERY Mr. Chris Miller Harbor Resources City of Newport Beach 829 Harbor Island Dr. Newport Beach, CA 92660 LAW OFFICES OF GAINES & STACEY LLP 1111 BAYSIDEDRIVE, SUITE 280 CORONA DEL MAR, CALIFORNIA 92625 May 23, 2013 Re: Request for Boundary Line Agreement 2808 Lafayette Avenue, Newport Beach Dear Mr. Miller: TELEPHONE (949)640-8999 FAX (949)640-8330 I have enclosed two copies of the survey of the real property located at 2808 Lafayette Avenue with notations as to the Bulkhead and Pierhead Lines and other matters which you suggested in your email of April 12, 2013. I request that you place this matter before the City Council for authorization for the City to enter into a boundary agreement with my client; 2808 Lafayette Property, LLC, `,and the State Lands Commission establishing the easterly boundarly of my client's property with the dedicated waterway known as the Rhine at the common boundary of the Bulkhead Line and Lancaster's Addition. The State Lands Commission requires that my client have an approval by the City for a boundary agreement before the State Lands Commission will consider entering into the agreement. I have also included my summary of the relevant facts which have led to the necessity to establish what has been commonly considered the boundary since 1907. If you have any further questions, please do not hesitate to contact me. Sr SHERMAN L. STAC SLS/sh cc: Mr. & Mrs. John Morehart BENCHMARK: OCBM J-782 FOUND 3 3/4" OCS ALUMINUM BENCHMARK DISK STAMPED "J 782 1946", SET IN THE TOP OF A CONCRETE POST. MONUMENT IS LOCATED IN THE NORTHEAST CORNER OF THE INTERSECTION OF 29th STREET AND NORTHBOUND NEWPORT BOULEVARD, 24.3 FT. EASTERLY OF THE CENTERLINE OF THE NORTHBOUND LANES ALONG NEWPORT BOULEVARD AND 23.3 FT. NORTHERLY OF THE CENTERLINE OF 29th STREET. MONUMENT IS SET LEVEL WITH THE SIDEWALK. ELEVATION= 7.142 FEET (NAVD88) OCS 1995 ADJ. YEAR LEVELED, 1989 ` V `' 1 V No1.1111 r 0 A. 114 00 � n P i _ N \t° r 343.86' A — LEGEND: BOUNDARY LINE OF PARCEL 1, PMB 95/44. (FORMERLY LOTS 5 AND 6 OF LANCASTER'S ADDITION TO NEWPORT BEACH) CENTERLINE CONCRETE BULKHEAD U.S. ARMY CORPS OF ENGINEERS BULKHEAD LINE 0 CO CLEANOUT -W UTILITY POLE 0 WM WATER METER A.C. ASPHALT BW BACK OF WALK z 0 a x 0 U) w 0 z 0 U) w Ix W cc X W cli to CONC. CONCRETE LL 02 2 Q 2 z D O cu FF FINISHED FLOOR Q m W F- L i ~ Z 0 � m z O 0-O 2 N GB GRADE BREAK z U �. CN L 00 O U z Q �N�, rnti z 0 >�oo� .>1 0 U N MHW MEAN HIGH WATER � O -cs, > 0 O LL W W APN: 047-023-06qrmm U)W W ♦ ^ NG NATURAL GRADE �y o cu >� Q oVo CL�o CL Q 4. TC TOP OF CURB 0fI� � Q a) 00 Cn Co z TOP OF WALL !t�NTW ,yoR V PIERHEAD LINE U rwn nwv wUn —I THE RHINE PIERHEAD LINE BASIS OF BEARINGS: SITE ADDRESS: CENTERLINE OF LAFAYETTE AVENUE BEING 2808 LAFAYETTE AVENUE N20'54'30"E PER PMB 95, PAGE 44, RECORDS NEWPORT BEACH, ORANGE COUNTY COUNTY, CA OF ORANGE COUNTY. r2 w M °r UQ mLn Q Q N d z v CL x w LL 02 2 L0 04 2 z D O cu U Q m W F- L i ~ Z Q � m z O 0-O 2 N Q (o U �. CN L 00 O U z Q �N�, rnti z 0 >�oo� .>1 0 Q o CV � O -cs, > 0 O LL W W APN: 047-023-06qrmm U)W W cc Q M cu >� Q oVo CL�o CL CL CL Cu 0fI� � Q a) 00 Cn Co z 2 � J Oooo cu co N�� orn L Cu LL LL 02 2 L0 04 2 z D O U Q m W F- i ~ Z Q � m z O 0-O 2 _ W0. w Q (o w LL O 0 >" z Q z ° 0 W z 0 >�oo� PARCEL 1 OF PMB 95, PAGE 44, RECORDS LL O Q o CV �OF-W —i0 OF ORANGE COUNTY W O LL W W APN: 047-023-06qrmm U)W W () Q M Q U) W � CL CL CL 0fI� � Q L � O z O m J m > W � � 2 Z)_ Ch U) LEGAL DESCRIPTION V - PARCEL 1 OF PMB 95, PAGE 44, RECORDS LL O U o CV LL O OF ORANGE COUNTY W Q W W APN: 047-023-06qrmm BENCHMARK: DCBM J-782 FOUND 3 3/4" OCS ALUMINUM BENCHMARK DISK STAMPED "J 782 1946", SET IN THE TOP OF A CONCRETE POST. MONUMENT IS LOCATED IN THE NORTHEAST CORNER OF THE INTERSECTION OF 29th STREET AND NORTHBOUND NEWPORT BOULEVARD, 24.3 FT. EASTERLY OF THE CENTERLINE OF THE NORTHBOUND LANES ALONG NEWPORT BOULEVARD AND 23.3 FT. NORTHERLY OF THE CENTERLINE OF 29th STREET. MONUMENT IS SET LEVEL WITH THE SIDEWALK. ELEVATION= 7.142 FEET (NAVD88) OCS 1995 ADJ. YEAR LEVELED, 1989 Q L�r- 0`O � ,o114i 00 —7.00' P c� N r 343.86' A LEGEND: U) W W BOUNDARY LINE OF PARCEL 1, PMB 95/44. cu U) U O rn Z ::) (FORMERLY LOTS 5 AND 6 OF LANCASTER'S L Q � O = O ADDITION TO NEWPORT BEACH) = W z Ce) i to UN — CENTERLINE zz O U Zw m nl cr) CONCRETE BULKHEAD a 0 - 0 > M cD >°It U) IY 0 o _j Lu 0 U.S. ARMY CORPS OF ENGINEERS BULKHEAD LINE w LL Z V • Lu w o co o ecp 0 CO CLEANOUT Cn co z a _W 0 Q co f UTILITY POLE j cy) W w of ❑ WM WATER METER CCS LL A.C. ASPHALT BW BACK OF WALK a CONC. CONCRETE LLI FF FINISHED FLOOR GB GRADE BREAK Q o � MHW MEAN HIGH WATER Z N Y NG NATURAL GRADE uiU mor TC TOP OF CURB o Q TW TOP OF WALL ✓V LI II IL/ IV LII YL DUCK PILING FLOATING DOCK THE RHINE --- 11 PILING uvLr\ncriu LI/VL yoR J � W \ M U Q \ Ln > Q N o Z O, CL a Ll Z or U) W W L cu U) U O rn Z ::) � L Q � O = O LL O = W z Ce) i to UN g 000 O U Zw m N 0')ti z = c:.� Q 0 - 0 > U) F- cD >°It U) IY 0 o _j Lu 0 0 uj to LL Z V • >� w o co o ecp Cn co z a Lo ti O Q co CVCU o U cy) O CCS LL Ll Z or U) W L U) U O rn Z ::) � � Q � O = LL O = W z � O Q to Q g 2 CENTERLINE OF LAFAYETTE AVENUE BEING 2808 LAFAYETTE AVENUE Zw m O z = i- Q OF ORANGE COUNTY o 0 > U) F- O �� U) IY 0 o _j Lu 0 0 uj to LL Z W OfOf w z '4 O z � 0 a O Q co Ll Z or � � W BASIS OF BEARINGS SITE ADDRESS LEGAL DESCRIPTION ALL UT- � CENTERLINE OF LAFAYETTE AVENUE BEING 2808 LAFAYETTE AVENUE PARCEL 1 OF PMB 95, PAGE 44, RECORDS O 0� 04 W LL O N20'54'30"E PER PMB 95, PAGE 44, RECORDS NEWPORT BEACH, ORANGE COUNTY COUNTY, CA OF ORANGE COUNTY W Q W OF ORANGE COUNTY. APN: 047-023-06 0 m Ll Z or BENCHMARK: OCBM J-782 FOUND 3 3/4" OCS ALUMINUM BENCHMARK DISK STAMPED "J 782 1946", SET IN THE TOP OF A CONCRETE POST. MONUMENT IS LOCATED IN THE NORTHEAST CORNER OF THE INTERSECTION OF 29th STREET AND NORTHBOUND NEWPORT BOULEVARD, 24.3 FT. EASTERLY OF THE CENTERLINE OF THE NORTHBOUND LANES ALONG NEWPORT BOULEVARD AND 23.3 FT. / NORTHERLY OF THE CENTERLINE OF 29th STREET. MONUMENT IS SET LEVEL WITH THE SIDEWALK. P �� ELEVATION= 7.142 FEET (NAVD88) OCS 1995 ADJ. YEAR LEVELED, 1989 Q 1 No1.1111 �-- _ \ os r N ,Opp/ 00 A r 343.86' — LEGEND: BOUNDARY LINE OF PARCEL 1, PMB 95/44. (FORMERLY LOTS 5 AND 6 OF LANCASTER'S ADDITION TO NEWPORT BEACH) CENTERLINE v CONCRETE BULKHEAD U.S. ARMY CORPS OF ENGINEERS BULKHEAD LINE 0 Co CLEANOUT f UTILITY POLE ❑ WM WATER METER A.C. ASPHALT BW BACK OF WALK CONC. CONCRETE FF FINISHED FLOOR GB GRADE BREAK N MHW MEAN HIGH WATER ^ NG NATURAL GRADE �► TC TOP OF CURB TW TOP OF WALL PIERHEAD LINE LJ rLvn invv uvUn rI PIERHEAD LINE THE RHINE BASIS OF BEARINGS: SITE ADDRESS CENTERLINE OF LAFAYETTE AVENUE BEING 2808 LAFAYETTE AVENUE N20'54'30"E PER PMB 95, PAGE 44, RECORDS NEWPORT BEACH, ORANGE COUNTY COUNTY, CA OF ORANGE COUNTY. LEGAL DESCRIPTION: PARCEL 1 OF PMB 95, PAGE 44, RECORDS OF ORANGE COUNTY APN: 047-023-06 z 0 a U U) w z 0 U) w x F w Q ❑ ti M to J 0. M V. J� W °r \M M Y C7 UQ \Lo > O Q N z a � Y ti M to J 0. LL O W W W CN .. U z O � Y W U L p LLI 0 T— LL O w m � 09w Z = L z _ `� U N 00 O U z � N 0) r' r, W .>N 0 c0 .E O O J F- 0 W O O 0 U w ry co > (n o cn o o cu C a) co (n cu z Lo Y ti J cocu co 00 co NO � U� L cu LL. LL O W W .. CN .. U z O � Y W U 0 p LLI 0 T— LL O w m � 09w Z = a z _ `� a- w O w 2 z z LL O z W a U-) o0 0 z O O J F- 0 W O O 0 w ry (nW W (D ary a w zQ Lo Y D O U z 00 J m W W .. � � W 2 :3 U _ M 0 LL O T— � N ~ T— LL O w a W Lu Q U FRED GAINEs SHERMAN L. STACEY LISA A. WEINBERG REBECCA A. THOMPSON NANCI S. STACEY KIMBERLY RIBLE ALICIAB. BARTLEY LAW OFFICES OF GAINES & STACEY LLP 1111 BAYSIDE DRIVE, SUITE 280 CORONA DEL MAR, CALIFORNIA 92625 February 25, 2013 BY FEDERAL EXPRESS Jennifer Lucchesi, Executive Officer California State Lands Commission 100 Howe Avenue, Suite 100 -South Sacramento, CA 95825 Re: 2808 Lafayette Avenue, Newport Beach Lots 5 & 6, Block 425, Lancaster's Addition Dear Ms. Lucchesi: TELEPHONE (949)640-8999 FAX (949)640-8330 The undersigned represents 2808 Lafayette Avenue, LLC, a California limited liability company (the "LLC"). The LLC is the title holder of certain real property located at 2808 Lafayette Avenue, City of Newport Beach. The property consists of Lots 5 & 6, Block 425 of Lancaster's Addition. I have enclosed a copy of the original tract map for Lancaster's Addition recorded in 1907 and a copy of a Parcel Map recorded on April 27, 1977 (Book 95 Page 44 of Parcel Maps, Official Records, Orange County) which combined Lots 5 & 6 into a single parcel. On December 12, 2012, my client received a letter from Grace Kato, Public Land Manager, State Lands Commission. Ms. Kato's letter stated: "After review of the information provided and in-house records, staff has determined the Rhine Channel between 28"' Street and 29' Street consists of an artificial cut from lands the State acquired and patented as Swamp and Overflowed lands (S&O Location 3089). "A portion of the present Rhine Channel may extend onto the natural bed of lower Newport Bay which at this location has been granted to the City of Newport Beach, pursuant to Chapter 74, Statutes of 1978, as amended." On January 10, 2013, the City of Newport Beach communicated to me that the City believes the water area landward of the properly line/Bulkhead Line to be private waterways and not City Tidelands. A copy of the City's letter is enclosed. I have also enclosed a copy of the Ms. Jennifer Lucchesi State Lands Commission February 25, 2013 Page 2 City's GIS mapping of harbor resources showing only the property outside of my client's boundaries to be within the public waterway of the Rhine Channel. On January 28, 2013, I received a letter from Cheri Pemberton, Chief of External Affairs, which stated that the matter of the boundary of the tidelands on my client's property was "unresolved". Ms. Pemberton stated that this issue can be determined by agreement among the upland owner, State Lands Commission and City of Newport Beach, and indicated a willingness to discuss this matter further. My client's property is a portion of Lot 2 in Section 33 as described in the patent for S&O Location No. 3089. The property is immediately south of the boundary between said Lot 2 and Lot 6 in Section 28 also as described in the patent for S&O Location No. 3089. The property is approximately 400 feet east of the west boundary of said Lot 7. I request that the State Lands Commission enter into a boundary line agreement with my client and the City of Newport Beach determining that the boundary between state tidelands subject to the public trust and my client's private property be established on the easterly boundary of Lots 5 & 6. This boundary is shown both on the Lancaster's Addition Tract Map and on Parcel Map, Book 95 Page 44. I have enclosed an aerial photograph identifying with a red line the location of the requested boundary. This boundary would be consistent with the State Lands Commission action on BLA 54 which established the identical boundary for all 12 of the Lots in Block 324 of Lancaster's addition, property within 150 feet of my client's property. A copy of BLA 54 is also enclosed. In addition, approximately 300 feet north of my client's property the California Coastal Commission approved the filling of 32 feet of water area and the construction of a bulkhead on Lots 4, 5, 6 and 7 of Block 328 of Lancaster's addition (2912 Lafayette Avenue). I have attached a copy of the findings of fact by the Coastal Commission on its Coastal Development Permit No. 5-89-286. The State Lands Commission had no objection to such filling and bulkhead as stated in its Status Determination dated August 2, 1989 (PN CE LA 89-224). My client does not intend to construct a bulkhead at the property boundary as others have done. My client proposes to construct a bulkhead to protect the structural integrity of the existing buildings on its property in a location which would be approximately 30 feet to the west and upland of the requested boundary line. In summary, there is a Boundary Line Agreement 54 which establishes the boundary between public tidelands and private lands at the easterly boundary of Block 324 of Lancaster's Addition. There is a bulkhead constructed after 1989 at the easterly boundary of more than % of Block 328 of Lancaster's Addition. Only Block 425 lies between Block 324 and Block 328. Ms. Jennifer Lucchesi State Lands Commission February 25, 2013 Page 3 I have requested that the City of Newport Beach, as trustee of the tidelands under Chapter 74, Statutes of 1978, as amended, join in my application for a boundary line agreement at the boundary of Lancaster's Addition. Joinder in my request requires action by the City Council. Upon any such action by the City of Newport Beach, written evidence of the City's concurrence will be submitted to you. I am prepared to discuss this with you or any member of your staff. Sincerely, SHERMAN L. STACEY SLS/sh cc: Warren Crank, Esq. Mr. John Morehart Mr. Chris Miller i STATE OF CAUFORmtA--THE RESOURCES AGENCY GEORGE DEUKMEMAN, Oammor CALIFORNIA COASTAL COMMISSION SOMH COAST AREA Page 1 of 6 sas WEST ROADWAY, surd 3W Permit Application No. 5-89-28b LONG °EACH• CA 90802 Date 19 Apri 1 1989 (213) M30 1 ADMINISTRATIVE PERMIT APPLICANT: Cannery Village Investments PROJECT DESCRIPTION: Demolish old boat ramps, construct a new bulkhead 32 ft. bayward. and backfill with sand. PROJECT LOCATION: 2912 Lafayette Newport Beach, Orange County APN 047-22-10 and 9 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: May 11, 1989 - Thursday: 9:00 A. M. -- Burton Chace Park West End of Mindanao Way, Marina del Rey. 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 acknowledgment and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. 61; 4/88 PETER DOUGLAS Executive Director By Title: Coastal Planning Analyst 5-89-286 'Page #2 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit. subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 6. 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. 7. 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. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development which. pursuant to RRC 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, will not prejudice the ability of the local government to prepare a Local Coastal Program that is 1n conformity with the provisions of Chapter 3, 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. 5-89-286 FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: Page #3 A. Protect Description The applicant is proposing the demolition of dilapidated boat haul out ramps, and the construction of of a new bulkhead 32 ft. bayward in their place. The bulkhead would be secured with deadman anchors. and backfilled with clean, non toxic sand. The proposed bulkhead will tie into, and be parallel with, the existing bulkhead to the South of the property. The proposed bulkhead will angle back at 160 degrees to tie into the existing bulkhead to the North of the property(Exhibit #1). The proposed project is located at 2912 Lafayette, in the City of Newport Beach in Orange County (Vicinity Map). B. Diking. Dredging. Filling. and Shoreline Structures. Section 30233 (a) of the Coastal Act states in part: I (a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: (1) New or expanded port, energy, and coastal -dependent industrial facilities. including commercial fishing facilities. (2) Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins. vessel berthing and mooring areas, and boat launching ramps. (3) In wetland areas only, entrance channels for new or expanded boating facilities, and in a degraded wetland, identified by the Department of Fish and Game pursuant to subdivision (b) of Section 30411, for boating facilities if, in conjunction with such boating facilities, a substantial portion of the degraded wetland is restored and maintained as a biologically productive wetland. The size of the wetland area used for boating facilities, including berthing space, turning basins, necessary navigation channels, and any necessary support service facilities, shall not exceed 25 percent of the degraded wetland. (4) In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities. (5) Incidental public service purposes, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines. 5-89-286 page #4 (6) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. (7) Restoration purposes. (8) Nature study, aquaculture, or similar resource dependent activities. Section 30230 states: Marine resources shall be maintained, enhanced, and where feasible. restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes. emphasis added Section 30231 states: The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and. where feasible restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff. preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. emphasis added Section 30235 states: Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-deaendent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Existing marine structures causing Emphasis The applicant has submitted written documentation that the proposed bulkhead is for the improvement and continued utilization of the site as a boatyard, and that without the project as proposed the available area on the site will be insufficient to keep the boatyard open (Exhibit #2). The improvement of the boatyard by the construction of the bulkhead is consistent with section 30233 (3) 5-89-286 page #5 and (4), in that the boatyard is a coastal dependent use. In addition. the applicant has stated that the Water Quality Contol Board has deemed the existing boat launch configuration of concrete and steel ramps which slope into the water to be unacceptable by todays standards. and a source of degradation of water quality.Therefore. the demolition of the ramps and their upgrading by the construction of the bulkhead is consistent with sections 30235. 30230, and 30231 of the Coastal Act. C. Feasible Less Environmentally Damaging Alternatives• I. Prefered Alternative. Alternatives to thep resentl configuration are feasible from an engineering y proposed bulkhead g p the bulkhead to reduce the area of intertidal prism such as angling back prism that will be covered by the construction. However. the applicant has stated that the resulting reduction in available -dry land would so constrain the ability of a modern boatyard to function that the project would be infeasible. As the revision of the proposed development by moving the bulkhead inland would render the project unattainable, such an alternative is in reality a no project alternative. 2. No Proiect Alternative As the proposed project will improve the quality of water in the bay, and its stated objective is to maintain and improve a boatyard which is a priority coastal dependent use, the no project alternative would only contribute to the decline of the habitat in the area and a degradation to coastal recreation opportunities. There is no feasible alternative to the construction of the bulkhead which would improve the water quality and recreation opportunities. Without construction of the -bulkhead, the project would not be accomplished. Therefore, a no project alternative is not feasible because the goal of achieving Improved water quality and coastal recreation opportunities would not occur. D. Mitigation Measures: The Executive Director has determined that the project is the least environmentally damaging alternative that is feasible. However, since the project, as proposed, would diminish the estuarine habitat and reduce the tidal prism at the project site, the Executive Director finds that it is necessary to offset these losses through a plan of mitigation. One appropriate method of mitigating the impact of the project is for the project applicant to participate in an offsite restoration and enhancement plan for Upper Newport Bay. This plan, in general, provides that for every square foot of water area filled on the project site, 4 square feet of wetland restoration area (in Upper Newport Bay) shall be provided as mitigation. The Executive Director determines that the project, as conditioned requiring the mitigation measure of wetland restoration in Upper Newport Bay, that the proposed project is consistent with section 30233(a) of the Coastal Act. 5-89-286 page #'6 SPECIAL CONDITIONS: #1. WETLAND MITIGATION PRIOR TO AUTHORIZATION TO PROCEED WITH DEVELOPMENT, the applicant must submit written documentation that they have completed financial arrangements with the California Department of Fish and Game, which allow for the applicant's participation in the Upper Newport Bay mitigation plan. For every square foot of water covered, 4 square feet of wetland restoration shall be provided as mitigation. The mitigation plan, specifying the extent, location, and method of restoration to be carried out in the Upper Newport Bay Ecological Preserve, shall be developed by the California Department of Fish and Game. 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. Applicant's Signature 9712A Date of Signing C "f 4j4'G Site V�c�nlety Map iS a c.w. UPPER NENPEM7 EAS'. " au•u hf ttPiJNI .• \L,� H PROP"00 81K �AlLL woo ASAW SLC T/Q/,/ - A POZA ` -- E EXHIBIT NO. APPUCATION NO. St cdxomit cm" ca,a„w. L-Tx1ST/rvG je41G� TD GSL oC6:M0;1CP appos ed 57 'Lalcr. S9 Ex i slims ti A C�'. or sj7, 4 In Oulkhe -proposed r 4r - E x ist InC&L Oh / / ?G 74! 30.7.4` -- /2%C L4 110YL TTS= AVL �%' BLKID_LINL i March 16, 1989 California Coastal Commission 245 W. Broadway, Suite 380 Long Beach, CA 90801 . To whom it may concern; The purpose of this application is to upgrade an outdated and unusable boatyard.-The-existing'boatyard-concrete ramp and ways t at goes into the water is no longer a owe e y the Water _Quality Board. In order to save the old building, which has a lot of character and charm, a new bulkhead must be constructed at the bulkhead line. Because of the fact that the existing building is built with a bulkhead and fill, the site must -be done in the same manner and cannot be wharf supported. We have a boatyard user tenant who will lease the pro_�rty Please call if you have any questions. '(714) 673-3777 EXHIBIT NO. APPLICATION NO. i iag.kim dt corona, comm con , Ca very village Investment - Partnership Russell E. Fluter,Agent RECEIVED MAR 27 1989 CAUMRNIA � HACOAST VSMICT IMap OUtpUt Page I of I http:"�Ni%NN6.city.tic wport-b achca.LIS/scrvIcu Itl itat) .1;drimap Sc:rrice Nante-n... 1 /14/2011 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Harbor Resources January 10, 2013 Gaines & "Stacey, LLP Attn: Sherman Stacey 1111 Bayside Drive, STE 280 Newport Beach, CA 92625 RE: 2808 Lafayette Avenue Dear Mr. Stacey, am responding to your December 14, 2012 letter in which you requested clarification of the City's interpretation of the water area fronting 2808 Lafayette. You have noted in your letter that your client has a "60 foot waterside boundary at the established bulkhead line of the Rhine Channel." I have reviewed the aerial photo with the Bulkhead Line shown, and would like to correct your statement by noting that the Bulkhead Line is approximately 40' bayward of the physical bulkhead of the property. In addition, the Pierhead Line is approximately 10' bayward of the Bulkhead Line. I also note that the property line for 2808 Lafayette exactly follows the Bulkhead Line which is 40' bayward of the physical bulkhead as stated above. Per your request, and based on the information available, the City believes the water area landward of the property line/Bulkhead Line to be private waterways and not City Tidelands. Please feel to contact me if you have any additional questions. Thank you, Chris Miller Harbor Resources Manager (949) 644-3043 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 • www.newportbea6hca.gov/harborresources m 4 4 mik SHEET 1 GF 1 SHEET SCALE V' a 20, Cl:ISi.q:.}C /Illy : i ty, a � 1 �, At 6Y �,• Is tLt} rl'•J (ilim ,f AL. ! yy,} by ,FJt� 'p�q�' !k'.`.t� PXr `�.J�yS4'.� { �(¢� :�{N 46AS q'TI A�O { i:I� k-( "^ kit »;moi mta y a� THE � 6�r �,C: 1{':Y;.� r ►1j j/OF��'�e�� �.J b / CALIFORNIA. ° e IN `•e"�:kciksr]"'if 14 4i}'"7 lS � i 1 v: ! .lP i�1 1 i�, }`- a it !�, / Y '}i�'1� 3 �i. d L b ,, '^ a A+w e Ws;�'r7 a,FcW'8e-O +r � E :) %F 'Pl! R.�r 9 tdUM�ERED PARCEL ���I•��.� (ggj�'A Q{Q�� CSO y���•@��9R /ds '' )ta , W DD '�N• N Y I I4 '§ Fl N d E Y' J N �J a h f tMr1 G cl3uwf�'i o.t3�3 scar tn, �� y' [ �r � � " gt s . �•,.. . Yf 14�kiA 4J,y t��� 4 4:� ..s .w x.�».. ui a. l`dt{I:n+ati17�rGr 11'y"3�•C yet` N� I'I r�;.,p('•, j��,; 0i' Te iIS hA AP IS t4% Cr}L P�4t:"..14 iE Lo . r e� q !� / 5 f`i V'v ;7'C,b, r=1 ,•� lr'�kTV A al'traZE PARCEL. lt�.:, RO I s�T W. "yLUP3T } R, c, , rlt7. ?C+`"�a. FEIARUARY, 1977 EN(iINEER'S CERTIFICATE: THIS MAP WAS PREPARED By ME OR UNDER MY D1REC;TIIJN AND IS BASED UPON A FIELD 4URVEY !P\ CONFORMANCI✓ WITH THE REQUIREMENTS OF THE SU6DIVV5I0IJ MAP ACT AT THE REQUEST OP HOWARD t1. DENNIS IN FEDRUARY, 1`.'.17 7. I HEfNl3y STATE THAT THE PAP -CEL MAP PROCGPURE5 OF THE I-OCAL AGGFkCY HAVE 5FF-N COMPI-IED WITH AND THAT THIS PA12C-GL. MAP COI`0FVWM5 TO THC APPiZOvED TENTATIv6 MAP AJV THS. CONDITIONS OF A,f'PF.OV;-NL THEREOF WHICH WEQG 0rQOIREP 1-0 E'iE FULFIL -ED PRIOR TO THE FI1=1NG of THE PAg=E•(. //w j." ROF]Es2T VJ. BLUNT, R.0 No. tcd 5q2 OWNER'S CERTIFICATE I , THE UNDERSIGNED, BEING ALL PARTIES HAVINL3 ANY REC:Or?D TITLE INTEREST IN THE LAND COVERED BY THIS MAP, DO HEREOY COAA- SENT TO THE PREPARATION AND R'ECORDATIoN J>" SAID MAP, AS SHOWN WITialN THE COLORED 5ORDER LIhIEi. L. HOWARD U. LILNrlls "all M 44 RLIED ATUM IN BOOK ® pg,G"E— P.S.T. 790 + RESzu$LIvI,ss1Q1ti NCI. 51?4 OF PARCEL MAPS. COUNTY OF ORANGE, CA�Iq AT k .QUEST OF COUNTY SURVE(UR d WYUE C .LYl:,• COUrM CITY 'H)GINEER'S CERTIFICATE : THIS AP CONFORMS WITH THE REQUIREMENTS OF THE SUBDIVISION MAF' ACT ANO LOCAL ORDINANCES AND THE MAP IS TECHNICALLY CORRECT IN ALL F,'. S, E.CTS NOT C6ATIFIEiD TO C5Y THE COUNTY SURvEYOR, I ALSO E,� ,/ CERT"IFY T14AT ?'ble CITY 14/_� APPROVED SUEiJEC7 MAP PURSUANT 70 THE PROVISIONS DATE T'IEIS.r�i3T DAY OF __n eRlL — , 19 7 . OF SECT1DN MAF (C) (0 OF THE �7.� SUBDIVISION MA ACT. iSiNJ/--'MIN 6. NOLAN� k 41 R_.C.E. NO. 12606 CITY ENGINEER OF NEWP 2T bEACH COIINT`f SI.IP,V'EWIR'S L'ERTIFICATE: 'TFI15 MAP CONFORMS WITH THE MAPPING PROVISIONS OF THE SUBDIVISION MAP CT AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT (RF_L TIVE TO THE PARCEL NJAP BOLINDARY, L>�•.T D Tld15 �l�Yt�DAY OF _JIZLc , U C. R rIFLSOhI Culiiv,'i .UF2�EY( BY 4&_v(4_ DE TY STAI-E OF CALIFORNIA) 55 COUNTY OF ORANGc -, 1`377 S ORF Ni F. ; a�, _c ?=— CN THIS/QDAY Of= 11 S r ".<:1c t - -- _ _i� t /\ NOTARY PUCNLJC 1N AND f=GR '_RAIU 5` RICE, P6RS0i4AL.LY APFFf\RED IIOIuARO U. OEI:N(S, CNOWN TO ME TO � _THC 1 pER`ON DE_>c2IBED IN, AND V`./IIOSE NAME IS SttES�r_RILBF'� TO TI;t WITHIN IN5'I_PUMLNTIANp HI. ACKNOWLEDGED T'� F„tg TNA'l HE EY.ECs(J G Frt.51s �)r�.e<Iratas: THE SAMF;. "1 -HL= BEA'ZIh!G, OF N.'LO` 54' 30” E. ALONG THE CENTER L;aF�YE1-TF A'ENUE A5 SHOWN ON A MAI' FILED IN BOOK 7G, MY cOnnNllssloN EXPIRES"Ic—- WiT't:535 wYHAt•ID AND OFFICIAL SEAL: T.^,G tis OF C Cir=.D OF SUIa.VEI'S, RECGRDS OF ORANGE COUNTY, S1 Al 4 CF,!-. 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C' �/ rele/-/.7C/Y /i/?� reef.• `iJrec/ //7 r' Ce. � L_ _ � {h Caun?fy On r/fs 3® doy off/�941rL` /90� 6F{orc= r» .S 7` c7 17c %°gry!/6/ic /n oi/o/{or Ju/a/ Counly oridol/o:�, /c r/v/i/�9'7/scrr /r7� dU/y c�!omr�r/.r/siianoo/Qnd.rrrorri.�E'rroiro///�/� %?i^ror��� G.L_.Ltrncc�.r7"rr-. /rnorvrl ( _� _ (� ,54 /Q ,ia6 �o .esC i��jG' `lam/lS /'o%• rr Ona' ✓Of el" rar7 /r'7orrr/ 7`r -rro ,6 � I r � � �;. die aS"ccrC,7/iar/, o->C7�ie. eor/aoica.7ior/ �d �'��/'i d e :7 F fie e ,�?'17Jiirj irr.r7::-77 c" n z , c�.�o/.f .rc n..� 7c rl�e fo 6 e i 4 v"' or7 />e�of.T7rle mor - C ezrc&ye o'� 71 e v?//7/;,/ /i�r �/»risz� / c 7~/14! J/icj, GOr 7ii'�friri h vm e c7', a r/ c,/ q• c -,(-,-70 »V // LL />e/'ciirr7`a sem rr� iiondoorL �, riciXecl i--, —7I7 jr1c, vT7/C'iC?/ 1 45-o/7`rie �4� crud/r7 47 77 �- i 1 � r STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor CALIFORNIA STATS EXECUTIVE OFFICE 100 Howe Avenue, Suite 100 -South LANDS COMMISSION -°,' , � I Sacramento, CA 95825-8202 January 28, 2013 JENNIFER LUCCHESI, Executive Officer (916) 574-1800 Fax (916) 574-1810 California Relay Service TDD Phone 1-800-735-2929 Voice Phone 1-800-735-2922 File Ref.: SD 2012-12-13.1 Mr. Sherman Stacey Gaines & Stacey LLP 111 Bayshore Drive, Suite 280 - Corona del Mar, CA 92625 Re: 2808 Lafayette Avenue, Newport Beach - Dear Mr. Stacey: Thank you for your letter dated January 11, 2013. As you pointed out in:yo:ur.letter, you received a letter on December 12, 2012 from Ms Kato of the Commission's staff t! at indicated: "After review of the information provided and in-house records, staff has determined the Rhine Channel between 28th Street and 29th Street consists of an artificial cut from lands the State acquired and patented as Swamp and Overflowed lands (S&O Location 3089)." "A portion of the present Rhine Channel. may extend onto the natural bed of lower Newport Bay which at this location has been granted to the City of Newport Beach, pursuant to Chapter 74, Statutes of 1978, as amended." The following paragraph in Ms. Kato's letter indicated that: "This conclusion is without prejudice to any future assertion of State ownership or public rights, should circumstances change, or should additional information become available. This letter is not intended, nor should it be construed as, a waiver or limitation of any right, tile, or interest of the State of California in any lands under its jurisdiction." As you indicated in your letter, the Commission's legal staff earlier in the day on December 12th had informed Coastal Commission staff that: "A very rough and preliminary analysis indicates the parcel:in question appears to be former tidelands, and is probably subject to the grant to the City of Newport Beach. (Ch. 74 Stat. 1978). As former tidelands, the parcel would be subject to the public trust. Our title,, unit examined a Mr. Sherman Stacey January 28, 2013 Page 2 U.S. Coastal Survey (T-1032) performed in 1875, and also noted a boundary line agreement (BLA 54) just south of the parcel in question." "It was important to us for you to receive a timely answer. As you know, these issues can be complicated, and take some time to sort out. However, based on a brief review of the records at hand, staff have found evidence that the property may be subject to the public trust." You indicate that is difficult to understand who the legal staff consulted with in reaching their conclusion, given that Mr. Morehart was referred to Ms. Kato of the Land Management staff. The legal staff consulted with our Title Unit staff. The differences_ in the responses in the two contacts made resulted from a number of factors. The Commission staff has been undergoing a restructuring of responsibilities in which issues relating to lands granted in trust to a local government (like the City of Newport Beach) were previously handled by the Land Management Division, where Ms, Kato is assigned. That responsibility transitioned late last year to the External Affairs staff. Also since staff of two different divisions were contacted by two separate entitles from outside, the two responses that were requested had some differences.. _ Technically, Ms. Kato's statements reflect the record of acquisition and disposition of the subject lands. by the. State. The subject area of Rhine. Channel was in fact cut (dredged) out of lands that were designated as swamp and overflowed lands on certain early surveys and the State "acquired" a record patent and subsequently "patented" the area with the designation of swamp and overflowed lands. To clarify, in many instances throughout the state, early'surveys often identified marsh tidal areas as salt marsh, or swamp and overflowed, or. tidelands. This reflected both the difficulty in determining their true legal character, because these areas showed evidence of inundation and marsh vegetation and were clearly of the physical character of swampy or overflowed, even though they may have in fact been located below the elevation of mean high tide and hence factually and legally tidelands, subject to the public trust doctrine. Tidelands by their very character are, or were where man made ,changes have changed their character, overflowed on a twice daily basis by the tides, and in protected embayments, such as lower Newport Bay, were often also subject to the growth of marsh vegetation. It should also be acknowledged that other early surveys (such as the 1875 U.S. Coast Survey (T-1032) and 1912 U.S. Army Corps of Engineers hydrographic survey of lower Newport Bay) provide more precise survey data than the township plats of the General Land Office used by the federal government in characterizing lands as swamp or overflowed lands. In reliance on designations by some early surveyors as swamp and overflowed as indicated above, the United States would sometimes issue a patent to California, transferring any interest the United States might own adjacent to the State's sovereign tide and submerged lands. Likewise, many of these areas overflowed (by tide waters) were also subsequently patented by the State, based on the belief as indicated on the survey that they were swamp or overflowed. For a period of time in the 19th Century, California also sold tidelands in certain areas within embayed waters and some of these lands have been determined to he validly patented into private ownership, hi it remain Mr. Sherman Stacey January 28, 2013 Page 3 subject to the public trust easement. Certain lands designated as swamp and overflowed by patent, but in fact tidelands, were confirmed into private ownership, but likewise remain subject to the state's retained easement. Lower Newport Bay lends itself to much such confusion given the difficulty in determining the factual and hence legal character of the lands. The State. Lands Commission has been involved in a number of instances in resolving these issues in Newport Beach, both by litigation and title settlement agreements, including boundary line agreements such as BLA 54 mentioned above. Last year title to just such an area south of .the Rhine Channel (Marina Park) located between 16th and 19th streets was resolved by an agreement between -the City of Newport Beach .anal the Commission: In your letter, you requested that we send a written communication to the Coastal Commission as to "whether or notthe property where the bulkhead is. proposed is subject to the public trust' and.that the State Lands Commission has no objection_to , the erection of the bulkhead. in the location recommended by the Staff of the Coastal: Commission." This letter should be considered a. determination by the staff of the State Lands . Commission that the'issues of whether the subject property was or is factually.or iegally tidelands is unresolved given the present analyses of the evidence. Ultimate resolution . of this issue can be determined by either adjudication or agreement among the upland owner, State Lands Commission and City :of Newport Beach. You indicated a willingness to discuss this matter`further and we are certainly willing to do so as: well. As to the issue of objection to the placement of a bulkhead, we believe the California Coastal Commission and City of Newport Beach are the appropriate agencies representing the State as to permitting development at this site. Please feel free to contact me at (916) 574-1992 if you have any question_ s or comments. Sincerely, Sheri Pemberton Chief of External Affairs cc: City of Newport Beach Matthew Christen, Staff Counsel, California Coastal Commission Hope Schmeltzer, Chief Counsel, California Coastal Commission HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development:To construct a bulkhead/seawall and return walls. To construct reinforced concrete deck between the existing structure on the lot and the new bulkhead. Property Address: 2808 Lafayette Avenue, Newport Beach Legal Description: Harbor Permit Number: 221-2808 Plan Check Number: Applicant: Lisa Cervantes-Morehart/Anchor QEA Applicant's Mailing Address: 26300 La Alameda, Ste.240, Mission Viejo, CA92691 Phone Number: 949-347-2780 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resourebs July 15, 2011 Attachments: Worksheet for Building Permit Application Drawing Page 2 of 2 ANCHOR OEA 26300 La AI meow, Slufte 240 -Aisskon Vielio, Gaffe. .12, 92691 Phone 949,_4%,-t8° Fax 940..314.9646 July 12, 2011 Mr. Chris Miller Public Works Department City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92660 Re: Request for Approval in Concept/California Environmental Quality Act Categorical Exemption Determination for the 2808 Lafayette Road Seawall Installation Project Dear Mr. Miller: Anchor QEA, L.P., is pleased to submit the following information on behalf of Ms. Lisa Cervantes-Morehart, property owner at 2808 Lafayette Road in Newport Beach, California. As the City of Newport Beach (City) is aware, on November 6, 2000, an office building and parking structure collapsed into the Rhine Channel at this location. The structure caved in when rusty support beams gave way causing extensive structural damage, resulting in an unstable bulkhead and substantial debris in the Rhine Channel. The collapse required the immediate removal of the three-story structure, but the footing and bond beam supporting the remaining structure were never stabilized. The exposed footing remains unstable. With the upcoming dredging of the Rhine Channel, the property owner seeks immediate approval to install a concrete seawall to shore up the unstable bulkhead. We have submitted a permit application to the U.S. Army Corps of Engineers for approval in May 2011 and are preparing to submit a Coastal Development Permit application to the California Coastal Commission and Section 401 Water Quality Certification application to the Regional Water Quality Control Board. This letter includes a vicinity map and plan sheets (Attachment A) for the proposed improvements. www.anchorgea.com Mr. Chris Miller July 12, 2011 Page 2 Anchor QEA and Ms. Cervantes-Morehart respectfully request that the City issue an Approval in Concept/California Environmental Quality Act (AIC/CEQA) Categorical Exemption determination so the project may proceed. The following information is provided to the City to answer any questions or concerns regarding the proposed concrete seawall installation. DETAILED DESCRIPTION OF PROJECT ACTIVITIES The purpose and need for this project is to replace the existing failed bulkhead and allow for dredging of contaminated sediment, as part of the Rhine Channel contaminated sediment cleanup project, while concurrently removing debris from the failed parking structure. The proposed project includes installation of a concrete seawall along the outboard (western) side of the property (see Attachment A, Sheets S-1 and S-2). The new seawall will extend the length of the property for approximately 60 feet, with a return wall at each terminus. The seawall will be installed approximately 10 feet outboard of the existing property at 2808 Lafayette Road due to geotechnical and constructability concerns. This 10 -foot span will be covered by a new reinforced concrete slab extending from the property to the new seawall, covering an approximate area of 600 square feet. The seawall will be installed at the existing elevation of +2.5 feet mean lower low water (MLLW). It will be jetted into place and secured with helical anchors extending into the adjoining subsurface soils that underlie the property. Prior to installation of the seawall, asphalt/concrete debris will be removed from within the footprint of the installation, currently at +2.5 feet MLLW. These activities would take place using a barge -mounted crane operating within the channel. No dredging of the Rhine Channel or other waterbodies would occur as a result of the project. The project will result in no net fill to the Rhine Channel, although sand backfill will be placed between the seawall and existing property in an area currently occupied by asphalt/concrete debris (to be removed by the project). Removed asphalt/concrete debris will be transported via truck and disposed of at an appropriate recycling center. The project will adhere to established best management practices (BMPs) throughout construction to minimize or eliminate environmental impacts. A silt curtain/debris boom will be employed to ensure no debris enters the Rhine Channel. Mr. Chris Miller July 12, 2011 Page 3 SEQUENCE OF SEAWALL CONSTRUCTION ACTIVITIES After removal of surficial debris, seawall construction activities will occur according to the following sequence: 1. Excavate along the alignment of the new seawall to approximately -1.5 feet MLLW 2. Install new concrete seawall by jetting panels to their required embedment depth 3. Install helical anchors into adjoining subsurface to provide additional stability to the seawall panels 4. Cast -in-place new concrete coping at top of seawall 5. Complete dredging to approximately -3 feet MLLW, as part of the Rhine Channel contaminated sediment cleanup project' 6. Backfill area between new seawall and existing property with sand to final finish grade2 7. Cast -in-place reinforced concrete slab extending from existing property to the new seawall EELGRASS SURVEY An eelgrass survey was conducted by Ecomarine Consulting LLC on June 21, 2011. This biological survey was performed by trained divers and encompassed the area proposed for dredging as part of the Rhine Channel contaminated sediment cleanup project, including the proposed project area adjacent to 2808 Lafayette Road. Eelgrass was not identified as occurring within the project area. CERTIFICATION The agent, Anchor QEA, hereby certifies that the information in this letter is accurate and complete to the best of our knowledge. Ms. Lisa Cervantes-Morehart certifies that she will abide by all the terms and conditions of the resource agency permits and that she will hold the City harmless from and indemnify the City against any damage claim arising from the use of those permits. 1 Dredging conducted as part of the Rhine Channel contaminated sediment cleanup project has been permitted separately. It is not considered part of this AIC/CEQA Categorical Exemption determination request. 2 Backfill would occur in areas currently occupied by asphalt/concrete debris (to be removed by the project). No net fill will be discharged into the Rhine Channel. Mr. Chris Miller July 12, 2011 Page 4 Thank you for the City's consideration of our request. Please do not hesitate to contact me with any questions at (949) 347-2780 or by email at jburnam@anchorqea.com. Sincerely, Joshua Burnam, MPH, D.Env. Principal Planner Anchor QEA, L.P. Cc: Ms. Lisa Cervantes-Morehart ATTACHMENT A PLAN SHEETS E C O M A R I N E CONSULTING L L C BIOLOGY • OCEANOGRAPHY • Iv UNE BIOLOGY • ENVIRONMENTAL SCIENCE • EDUCATION S 24 June 2011 ANCHOR QEA, LP 26300 La Alameda, Suite 240 Mission Viejo, CA 92691 Attention: Jack Malone Greetings Jack, This letter summarizes the diving eelgrass (Zostera marina) and Caulerpa survey conducted by Mr. Mike Anghera and myself (Dr. Kimo Morris) on Tuesday, June 21, 2011 in the project dredging areas within the Rhine Channel, immediately offshore of Marina Park, and within the small boat marina adjacent to the American Legion facility to 15`h Street Pier, in Newport Harbor. Dive conditions during the survey were good, with favorable light conditions throughout the day and fairly good visibility (1-2 m). The water temperature on all dives was 20' C (68° F). This combination of decent light and visibility allowed us to have an unusually clear view of the sea bottom on all swimming transects. No eelgrass or Caulerpa was observed along any of our transects in any of the proposed dredge areas. Please see the attached map that illustrates our track lines using WAAS-enabled GPS. A Google Maps -compatible .kmz file of the track line data is also attached for your convenience. Biota along all swimming transects was typical of a soft -bottom shallow water habitat in southern California. The epibenthos was patchily covered with thin algal mats inhabited by sedentary invertebrates, consisting of unidentified orange sponge, the fairy palm hydroid (Corymorpha palma), tube anemone (Pachycerianthus sp.). Also observed were California halibut (Paralichthys californicus), barred sandbass (Paralabrax nebulifer), round stingray (Urobatis halleri), and spotted turbot (Pleuronichthys ritteri). No marine mammals or brown pelicans (Pelecanus occidentalis) were observed on the day of the survey. One least tern (Sternula antillarum) was observed feeding near shore in the vicinity of Marina Park. Debris was found within the northern half of the Rhine Channel, mostly consisting of metal rebar, what appeared to be a sunken buoy, and small chunks of concrete no more than l m in diameter. In the southern half of the Rhine Channel, we encountered sunken dock floats off shore of the South Coast Boat Yard. Also, a considerable amount of debris was observed along the bulkhead adjacent to Channel Road next to the small boat slips. This debris consisted of more than a dozen abandoned 5 -gallon buckets and 3 -inch diameter pvc pipe fragments. A sunken dock module was also observed in front of Marina Park within the proposed dredge footprint approximately along the 14 ft isobath, mean lower low water. Thank you for the opportunity to continue working with Anchor. Feel free to call me if you have any questions. Cordially, I .j A. Kimo Morris, Ph.D. Principal/Senior Scientist Ecomarine Consulting LLC Attachments: newport_harbor_dredge_6-21-11.kmz newport_harbor_dredge_6-21-11.jpg ECOMARINE CONSULTING LLC • 18673 AGUIRO STREET ROWLAND HEIGHTS, CA • 91748 310-625-5466 • ECOMARINECONSULTING.COM KIMO@PUKASHELL.NET I' OZLZ - 949 18461 M"d dVH AlIN10A R S310N lYm3N30 a00a15 �w E99Z8 tl� 'Uoeee 3iodmeN s ss-� m e> d ool ., g a e ® BBUBA 0 e61/ B 5936 VO'NOV3B lUOdIll SN33NION3 lVdni0MUS ONLLlf1SN00 "qF $ xrzahre 0'.S d 13 i l 909E 3fIN3AY 313AViV'i BOBZ 3NI `SIJLVI3OSSV 't o ;�eyeloW uyop sjW '8 jyy s p NOSdWLS 1NY0llddV / 83NM0 gar MVM Xow uatl°xoo WIVI'I'IIM S' mCliaillXY� Nll�'1lr�Yif tflYOd°tltl 10�< AOtll3d�d [Zl9 ac. Az d ,^ BBi g MO o aaa;aa z� Ez aRz m r$. wK aoa a md h o S �Em bb�b �kbbkk d'^kb3 �� 2 � � € M! 'I @@B@@ 9553@ flohl- W91, oglh � "g W $ Iw a" a <sa< a a€ a. s=e ab 4>:g...> aa ms N v 10 r>o 0Nm3a ! V `5 g a m I w=d.! 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THE CONTRACTOR SHALL ALSO DILLIGENTLY INVESTIGATE ME SITE FOR THE POSSIBLE EXISTENCE & LOCATION OF UNDERGROUND UTILITIES, PRIOR TO ORDERING ANY MATERIAL AND/OR COMMENCING WORK AND SHALL REPORT ANY DISCREPANCIES TO-WLLIAM SIMPSON & ASSOCIATES. INC.- HEREINAFTER CALLED "ME ENGINEER' - 3 . NGINEER.3. CONTRACTOR SHALL PROVIDE BARRICADES AND PEDESTRIAN PROTECTION AS REQUIRED BY STATE AND LOCAL CODES. 4. CONTRACTOR SHALL CONSULT PATH REPRESENTATIVES OF CITY AND UTILITY COMPANIES CONCERNING AVAILABLE FACILITES BEFORE COMMENCING WORK OR CONNECTING TO SEWER, PIPING OR WIRING, ETC., AND REPORT ANY PROBLEMS TO THE ENGINEER. 5. CONTRACTOR SHALL FULLY PROTECT ALL ADJACENT PROPERTIES BEFORE COMMENCING ANY WORK. & OMISSIONS OR CONFLICTS BETWEEN VARIOUS ELEMENTS OF THE DRAWINGS, NOTES, AND DETAILS SHALL BE BROUGHT TO TIE ATTENTION OF ME ENGINEER AND RESOLVED BEFORE PROCEEDING WITH ME WORK. ]. CONTRACTOR SHALL INSTALL TEMPORARY TOILETS BEFORE START OF JOB. 8, NOTES AND DETAILS ON DRAWNGS SHALL TAKE PRECEDENCE OVER THESE GENERAL NOTES. 9. TYPICAL DETAILS SHOWN SHALL APPLY MERE NO SPECIAL DETAIL 15 SHOWN. WERE A DETAIL. TYPICAL DETAIL, SECTION, TYPICAL SECTOR, OR A NOTE IS SHOWN FOR ONE CONDITION, IT SHALL ALSO APPLY FOR ALL LIKE OR SIMILAR CONDITIONS UNLESS NOTED OTHERWISE. 10. DRAWNGS TAKE PRECEDENCE OVER SPECIFICATIONS. DETAILED DRAWINGS AND SPECIFICATIONS TAKE PRECEDENCE OVER GENERAL DRAWNGS AND SPECIFICATIONS, 11. WRITTEN DIMENSIONS (NOT SCALED DIMENSIONS) SHALL BE USED. 12, 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. 13. CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING TIE COURSE OF CONSTRUCTION OF MIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY: THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS: AND MAT THE CONTRACTOR SHALL DEFEND. INDEMNIFY AND HOLD THE OMER AND ME ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WTH THE PERFORMANCE OF WORK ON MIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF ME OMER OR THE ENGINEER. 14. THE CONTRACTOR SHALL EXERCISE EXTREME CAUTION NOT TO UNDERMINE ANY ADJACENTSTRUCTURE DURING ME COURSE OF CONSTRUCTION. 15. CLEAN UP: NO PAINT, PLASTER, CEMENT, SOIL, MORTAR OR OMER RESIDUE SHALL BE ALLOWED TO ENTER ME BAY, STREETS, GUTTERS OR STORM DRAINS. ALL MATERIALS & WASTE SHALL BE REMOVED FROM ME SITE, NEMC 17.32.020. 16. DEMOLITION: ALL MATERIAL FROM ME EXISTING BULKHEAD MAT IS NOT USED AS FILL SHALL BE REMOVED FROM ME SITE & DISPOSED OF IN AN OFFICIAL DUMP SITE. 17. SEE ME LATEST -GENERAL GRADING SPECIFICATIONS OF THE BUILDING OEPARTMENT FOR ME CIMS: GENERAL NOTES. EROSION CONTROLS, REQUIRED INSPECTIONS. GRADING FILLS/CUTS & ALL NECESSARY DOCUMENTATION. I& POOLS, SPAS, FENCES. PATIO COVERS AND OMER FREESTANDING STRUCTURES REOUIRE SEPARATE RENEWS AND PERMITS. 19. ALL A.S. T.M. SPECIFICATIONS NOTED ON THE DRAWNGS SHALL BE M ACCORDANCE WITH THE LATEST ISSUE OF ME A.S,T,M. 20. OBSERVATION VISITS TO THE PROJECT SITE BY THE ENGINEER SHALL NOT BE CONSTRUED AS ANY INSPECTION AS REQUIRED BY CODE. FOUNDATIONS 1. ME CONTRACTOR SHALL ESTABLISH ALL CONSTRUCTION LINES AND PROCEED NM ME EXCAVATION OF ALL FOOTINGS AS CALLED FOR W THE DRAWINGS. 2. FOOTINGS SHALL BEAR ON NATURAL UNDISTURBED UNIFORM EARTH OR ENGINEERED COMPACTED FILL. 3. NO REINFORCING STEEL AND NO CONCRETE SHALL BE PLACED IN ANY EXCAVATION PRIOR TO APPROVAL BY ME BUILDING DEPARTMENT. N D AGAINST HEAVY SURCHARGE 4. THE TOP OF ALL EXCAVATIONS SHALL LOADS AND FROM EROSION DUE TO RAINFALL PROTECTED OR SURFACE RUN-OFF DURING ME ENTIRE CONSTRUCTION PERIOD. 5. SOILS REPORT DESCRIBED UNDER ITEMS No. 7 BELOW SHALL BE A PART OF ME CONSTRUCTION DOCUMENTS. ME CONTRACTOR SHALL OBTAIN ME SOILS REPORT AND COMPLY WITH ALL RECOMMENDATIONS WHEREIN. 6. PAD PREPARATION SHALL DE IN ACCORDANCE WITH ME SOBS REPORT. THE ME PAID SHALL BE INSPECTED AND APPROVED BY ME SOUS ENGINEER PRIOR TO PLACING ANY CONCRETE. THE PAD SHALL BE KEPT MOIST PRIOR i0 ME PLACING OF CONCRETE. 7. FOUNDATION DESIGN IS BASED ON ME RECOMMENDATIONS CONTAINED IN ME SOUS REPORT ON FILE WITH ME BUILDING DEPAR iMENT. SOLS REPORT PREPARED BY .. ...... ...........PETRA ADDRESS: ...................................................3185-A AIRWAY AVENUE COSTA MESA, CA 92626 PHONE NUMBER: ...................................................................(714) 549-8921 FAX NUMBER: .... ,...... I........................................................(714) 549-1438 SOILS REPORT DATES: .......................JANUARY 24, 2011 & JUNE 23, 2011 SOILS REPORT JOB NUMBER: ......... ........ -... ..... ...... ......... .... ,....... J.N 136-07 GRADING NOTES 1. ME ANTICIPATED TOTAL VOLUME OF CUT AND FILL FOR SEAWALL CONSTRUCTION ON THIS PROJECT IS LESS MAN 50 CUBIC YARDS. THUS, GRADING PLAN & PERMIT ARE NOT REWIRED. IT PLANS ARE REQUIRED, IFN GRADING IS ADDRESSED 2. MEN E GRADING PERM & L NS E 0 ON ME PLANS - SEE ME CIVIL &ARCHITECTURAL PLANS FOR ME FINISH GRADINGME SHORE 510E OF ME BULKHEAD. 3. A PRE -GRADING MEETING SHALL SCHEDULED 48 HOURS PRION TO START OF GRADING NM ME FOLLOWING PEOPLE PRESENT: OTHER, GRADING CONTRACTOR. DESIGN CIVIL ENGINEER, SOILS ENGINEER, GEOLOGIST, CITY GRADING ENGINEER THEIR REPRESENTATIVES. REQUIRED FIEL INSPECTIONS WILL BE OUTLINED AT THE MEETING. 4. A PRE-PANNG MEETING SHALL BE SCHEDULED 48 HOURS PRIOR TO START OF GRADING NM ME FOLLOWING PEOPLE PRESENT: OWNER, GRADING CONTRACTOR. DESIGN CIVIL ENGINEER, SOILS ENGINEER, GEOLOGIST, CITY GRADING ENGINEER OR THEIR REPRESENTATIVES. REQUIRED FIEL INSPECTIONS WILL BE OUTLINED AT ME MEETING. 5. ME PROJECT GEOTECHNICAL ENGINEER SMALL INSPECT & APPROVE All AREAS PRIOR LS HA PLACEMENT TE ANY ALL. 6. EN FILLS SHALL BE INSPECTED, TESTED & APPROVED BY CO GEOTECHNICAL ENGINEER VERIFYING MINIMUM OF 901 REQUIRED RELATIVE COMPACTION AS WELL AS STADIUM 7. ALL EXCAVATIONS FOR ANCHORS SHALL BE INSPECTED & APPROVED BY ME GEOTECHNICAL ENGINEER PRIOR TO PLACING CONCRETE. B. TEMPORARY EROSION CONTROL PLANS ARE REQUIRED FROM OCTOBER 15 TO MAY 15. 9. EROSION CONTROL DEVICES SHALL BE AVAILABLE ON-SITE BETWEEN OCTOBER 15 AND MAY I5. 10. BETWEEN OCTOBER 15 AND MAY 15, EROSION CONTROL MEASURES SHALL BE IN PLACE AT ME END OF EACH WORKING DAY WHENEVER ME FIVE-DAY PROBABILITY OFRAIN EXCEEDS 30 PERCENT. DURING THE REMAINDER OF THE YEAR, THEY SHALL BE IN PLACE AT THE END OF ME WORKING DAY, WHENEVER ME DAILY RAINFALL PROBABILITY EXCEEDS 50 PERCENT. 11. LANDSCAPING PLANS SHALL BE SUBMITTED FOR APPROVAL, WORK COMPLETED AND A CERTIFICATE OF CONFORMANCE RECEIVED BY ME CITY GRADING ENGINEER PRIOR TO CLOSURE of PERMIT, UNLESS WAIVED BY TH CIN GRADING ENGINEER. 12. TEMPORARY DES' LTING BASINS, MEN REWIRED, SHALL BE INSTALLED AND MAINTAINED FOR ME DURATION OF ME PROJECT. 13. DATUM: ALL ELEVATIONS ARE BASED ON MLLW DATUM. WELDING 1. ALL WELDING SHALL BE DONE USING ME SHIELDED ELECTRIC ARC PROCESS BY CERTIFIED WELDERS, USING E70XX ELECTRODES. 2. WELDING OF STEEL REINFORCING BARS SHALL BE DONE WITH LOW HYDROGEN ELECTRODES, A233, CLASS E70XX SERIES. 3. WELDS 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 THE SECTION 1704.2.2 OF THE CBC. H 4, SPECIAL INSPECTION IS REQUIRED FOR ALL FIELD WELDINGS. STRUCTURAL GENERAL NOTES SPECIFICATIONS FOR GRADING I SITE CLEANING 1. ALL EXISTING VEGETATION SHALL BE STRIPPED AND HAULED FROM THE SITE. 11 PREPARATION L AFTER THE FOUNDATION FOR THE FILL HAS BEEN CLEARED, PLOWED OR SCARIFIED, IT SHALL BE DISCED OR BLADED UNTIL IT IS UNIFORM AND FREE FROM LARGE CLODS, BROUGHT TO A PROPER MOISTURE CONTENT AND COMPACTED TO NOT LESS THAN NINETY PERCENT OF THE MAXIMUM DRY DENCITY IN ACCORDANCE WITH ASTM:D-1557-00 (5 LAYERS - 25 BLOWS PER LAYER; 10 LB HAMMER DROPPED R-; 4" DIAMETER MOLD). III MATERIALS 1. ON-SITE MATERIALS MAY BE USED FOR FILL, OR FILL MATERIALS SHALL CONSIST OF MATERIALS APPROVED BY THE SOILS ENGINEER AND MAY BE OBTAINED FROM THE EXCAVATION OF BANKS, BORROW PITS OR ANY OTHER APPROVED SOURCE. THE MATERIALS USED SHOULD BE FREE OF VEGETABLE MATTER AND OTHER DELETERIOUS SUBSTANCES AND SHALL NOT CONTAIN ROCKS OR LUMPS GRATER THAN EIGHT INCHES IM MAXIMUM DIMENSION. IV PLACING, SPREADING AND COMPACTING FILL MATERIALS 1. THE SELECTED ALL MATERIAL SHALL BE PLACED IN LAYERS WHICH. WHEN COMPACTED, SHALL NOT EXCEED SIX INCHES IN THICKNESS. EACH LAYER SHALL BE SPREAD EVENLY AND SHALL BE THOROUGHLY MIXED DURING THE SPREADING TO ENSURE UNIFORMITY OF MATERIAL AND MOISTURE OF EACH LAYER. 2. MERE MOISTURE OF THE FILL MATERIAL IS BELOW THE LIMITS SPECIFIED BY THE SOILS ENGINEER, WATER SHALL BE ADDED UNTIL TO MOISTURE CONTENT IS AS REQUIRED TO ENSURE THOROUGH BONDING AND THOROUGH COMPACTION. 3. WERE MOISTURE CONTENT OF THE FILL MATERIAL IS ABOVE THE LIMITS SPECIFIED BY THE SOILS ENGINEER ME FILL MATERIAL SHALL BE AERATED BY BLADING OR OTHER SATISFACTORY METHODS UNTIL THE MOISTURE CONTENT IS AS SPECIFIED. 4. AFTER EACH LAYER HAS BEEN PLACED. MIXED AND SPREAD EVENLY, IT SHALL BE THOROUGHLY COMPACTED TO NOT LESS THAN 90 PRCENT OF ME MAXIMUM DRY DENSITY IN ACCORDANCE WITH ASTM:D-1557-00 (5 LAYERS - 25 BLOWS PER LAYER; 10 LB HAMMER DROPPED 18 5 DIAMETER MOLD) OR OTHER DENSITY TESTS WHICH WILL ATTAIN EOUIVALENT RESULTS. 5. COMPACTION SHALL BE BY SHEEPSFGOT ROLLER, MULTY-MEEL PNEUMATIC TIRE ROLLER OR OTHER TYPES OF ACCEPTABLE ROLLERS. ROLLERS SHALL BE OF SUCH DESIGN THAT THEY WILL BE ABLE TO COMPACT THE FILL TO ME SPECIFIED DENSITY. ROLLING SHALL BE ACCOMPLISHED MILE THE ALL MATERIAL IS AT THE SP ECRED MOISTURE CONTENT. ROLLING OF EACH LAYER SHALL BE CONTINUOUS OVER THE ENTIRE AREA AND THE ROLLER SHALL MAKE SUFFICIENT TRIPS TO ENSURE MAT ME DESIRED DENSITY HAS BEEN OBTAINED. ME FINAL SURFACE OF ME LOT AREAS i0 RECEIVE SLABS ON GRADE SHOULD BE ROLLED TO A DENSE, SMOOTH SURFACE. 6. THE OUTSIDE OF ALL FILL SLOPES SHALL BE COMPACTED BY MEANS OF SHEEPFOOT ROLERS OR OTHER SUITABLE EQUIPMENT, COMPACTION OPERATIONS SHALL BE CONTINUED UNTILL THE OUTER NINE INCHES OF THE SLOPE IS AT LEAST 90 PERCENT COMPACTED. COMPACTING OF THE SLOPES NAY BE PROGRESSIVELY IN INCREMENTS OF THREE FEET TO FIVE FEET OF FILL HEIGHT AS THE FILL 15 BROUGHT TO GRADE, OR AFTER ME FILL IS BROUGHT TO ITS TOTAL HEIGHT. 7. FIELD DENSITY TEST SHALL BE MADE BE ME SOILS ENGINEER OF ME COMPACTION OF EACH LAYER OF FILL. DENSITY TESTS SHALL BE MADE AT INTERVALS NOT TO EXCEED TWO FEET OF FILL HEIGHT PROVIDED ALL LAYERS ARE TESTED. WHERE ME SHEEPSFOOT ROLLERS ARE USED, THE SOIL MAY BE DISTURBED TO A DEPTH OF SEVERAL INCHES AND DENSITY READINGS SHALL BE TAKEN IN ME COMPACTED MATERIAL BELOW THE DISTURBED SURFACE. MEN MESE READINGS INDICATE MET EDENSITY OF ANY LAYER OR PORTION THERE E M IS BELOW THR REQUIRED 90 PERCENT HENPARTICULAR LAYER OR PORTON SHALL BE REWORKED UNTIL REQ THE REQUIRED DENSITY HAS BEEN OBTAINED. 8, ME SOILS ENGINEER SHALL REVIEW THE GRADING PLANS PRIOR TO GRADING. V INSPECTION I. ME SOIL ENGINEER SHALL PROVIDE CONTNUOUS SUPERVISION OF ME SITE CLEARING AND GRADING OPERATION SO MAT HE CAN VERIFY THE GRADING WAS OGNE IN ACCORDANCE WITH ME ACCEPTED PLANS AND SPECIFICATIONS, VI SEASONAL LIMITATIONS 1. NO ALL MATERIAL SHALL BE PLACED, SPREAD OR ROLLED DURING UNFAVORABLE WEATHER CONDITIONS. MEN WORK IS INTERRUPTED BY HEAVY RAINS, FILL SHALL NOT BE RESUMED UNTILL ME FIELD TESTS BY ME SOILS ENGINEER INDICATE ME MOISTURE CONTENT AND DENSITY OF ME ALL ARE AS PREVIOUSLY SPECIFIED. VII EXPANSIVE SOIL CONDITIONS 1. WHENEWER EXPANSIVE SOIL CONDITIONS ARE ENCOUNTERED, ME MOISTURE CONTENT OF ME ALL OR RECOMPACTED SOIL SHALL BE AS RECOMMENDED IN THE EXPANSIVE SOIL RECOMMENDATIONS OF ME SOILS REPORT. BACKFILLING & COMPACTION NOTES 1. ALL BACKFILL SHALL CONFORM TO ME SOILS ENGINEER'S REPORT AND RECOMMENDATIONS. 2. UTILITY TRENCH BACKFILL AND ANY OTHER BACKFILL MUST BE MECHANICALLY N NOT PERMITTED. COMPACTED JETTING AND FLOODING SHALL 0 BE E TED. 3. WERE WALLS ARE BACKFILLED ON ONE SIDE ONLY, PROVIDE SHORING RE OMEN APPROVED MEANS T LATERAL SUPPORT UNTIL RESISTING ELEMENTS ARE ALL IN PLACE AND HAVE ATTAINED THEIR REQUIRED STRENGTHS. RESISTING ELEMENTS SHALL BE CONCRETE SLABS OR OTHER PERMANENT BUILDING COMPONENTS, 4. UNLESS NOTED OTHERWISE IN THE SOLS REPORT, ALL FILLS SHALL BE COMPACTED A MINIMUM OF 90X OF MAXIMUM DENSITY ACCORDANCE NM THE REQUIREMENTS IREMENTS OF THE CBC APPENDIX SECTION3 3313. 5. FILTER GLOM SHALL BE MIRAFI IRON -SERIES NONWOVEN POLYPROPYLENE GEOTEXAND A5 MANUFACTURED BY "TC MIRAFI COMPANY' AND SHALL DE MINIMUM 2.F NDE AND BE PLACED .0 ME INSIDE FACE OF THEFOR AD EXTENDED EQUALLY FROM ME JOINT CT (2.0') BELOW ST FINALSUBMITTED AIRLINE FOR D ENTRE HEIGHT OF ME BULKHEAD. 6. COMPACTION REPORT MUST AT SUBMITTED TO AND BE APPROVED BY ME BUILDING DEPARTMENT T BEFORE OF FOUNDATION INSPECTION. 7 A FINAL SOIL REPORT OF COMPACTION &APPROVAL SHALL BE PREPARED BY CONCRETE 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. 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 5000 PSI AND A 0.45 WATER -TO -CEMENT RATIO. 3. CONCRETEGROUT SHALL HAVE ME SAME COMPRESSIVE STRENGTH AS THE OMER CONCRETE AND 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 STEEL COLUMN BASE PLATES SHALL BE "RAPID -CET OR 'FIVE STAR GROUT" OR APPROVED EQUAL. 4, CONCRETE SHALL BE DESIGNED FOR PERMEABILITY. STRENGTH, CHEMICAL STABILITY AND ABRASION RESISTANCE, APPROPRIATE FOR ITS APPLICATION. PORTLAND CEMENT SHALL CONFORM TO ASTM C 150 TYPE I OR TYPE II MODIFIED, AND LOW ALKALY, CHEMICAL ADMIXTURES SHALL CONFORM TO ASTM C 494. CHEMICALS DESIGNED TO UMIi CORROSION OF INTERNAL REINFORCING MAY BE USED. AIR ENTRAINMENT ADMIXTURES SHALL CONFORM TO ASTM C 260. COARSE AND FINE AGGREGATE SHALL CONFORM TO ASTM C 33, AND ASTM C 330 WHERE LIGHTWEIGHT AGGREGATES ARE USED. LIGHTWEIGHT AGGREGATE, IF USED. SHALL CONSIST OF EXPANDED AND COATED SHALE OR EQUIVALENT MATERIAL OF SUFFICIENT STRENGTH AND DURABILITY TO PROVIDE CONCRETE OF INE REQUIRED STRENGTH. 5. CONCRETE TEST SAMPLES SHALL BE TAKEN IN ACCORDANCE NTH 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. ADDITIONALLY, ALL LIGHT WEIGHT CONCRETE SAMPLES MUST HAVE THEIR IN-PLACE DENSITIES DETERMINED AND REPORTED. 6. SIDES OF FOOTING PADS MAY BE POURED AGAINST STABLE EARTH. 7. SLURRY CONCRETE. MERE SPECIFIED OR USED. SHALL HAVE A MINIMUM CEMENT CONTENT OF 1.5 SACKS OF CEMENT PER CUBIC YARD OF MIX 8, SEE ARCHITECTURAL NOTES FOR COLORED OR TEXTURED CONCRETE, 9. CONCRETE FORM WORK TOLERANCES SHALL BE IN ACCORDANCE WITH CBC AND A.C.I. STANDARDS. 10. ALL STEEL REINFORCING, ANCHOR BOLTS, DOWELS AND OTHER INSERTS SHALL BE SECURED IN POSITION AND INSPECTED BY TIE LOCAL BUILDING DEPARTMENT INSPECTOR, PRIOR TO ME PLACING OF ANY CONCRETE. 11. ALL NECESSARY BRACES, SMONGBACKS, PICK-UP INSERTS. BOLTS, ETC., FOR PRECAST CONCRETE PANELS SHALL BE DESIGNED BY OTHERS FOR SAFE ERECTION OF THE PANELS. 12. NO CALCIUM CHLORIDE SHALL Not BE USED IN ANY CONCRETE. 13, ALL CONCRETE TO BE CURED FOR A MINIMUM OF 3 DAYS BY A METHOD ACCEPTABLE TO THE ENGINEER. FORMS MAY BE STRIPPED ONLY AFTER THE CONCRETE HAS ATTAINED MINIMUM COMPRESSIVE STRENGTH OF 3000 PSI. 14. CHAMFER EXPOSED CORNERS J�- U.N.O. REINFORCING STEEL 1. FOR STRUCTURES EXPOSED TO SALT WATER SPLASH OR IMMERSION, REBAR REINFORCEMENT SHALL CONFORM TO ASIA A 706, UNLESS NOTED OMRNSE ON DETAILS, AND SHALL BE EPDXY COATED PER ASTM A 934, AFTER BENDING OF ME REARS. WELDED WRE MESH SHALL CONFORM TO ASTM A 185 AND SHALL BE EPDXY COATED CONFORMING TO ASTM A 884, WITH ALL VISIBLE DEFECTS AND CUT ENDS REPAIR COATED. WIRES USED TO TIE REINFORCING STEEL SHALL BE EITHER EPDXY COATED STEEL, OR A 316 STAINLESS STEEL. 2. REINFORCEMENT MARKED CONTINUOUS MAY BE SPLICED BY LAPPING 42 BAR DIAMETERS IN CONCRETE AND 48 BAR DIAMETERS IN MASONRY WM 24 INCH MINIMUM LAP IN EACH CASE, UNLESS NOTED OTHERWISE ON PLANS. ALL SPLICES MEN DETAILED SHALL BE LOCATED WHERE SHOWN ON PLANS. 3. REINFORCING STEEL SHALL BE ACCURATELY PLACED AND SECURED IN POSITION WM METAL OR CONCRETE BLOCKS. CHAIRS. SPACERS, ETC., AND WRE TIES BEFORE PLACING ANY CONCRETE. 4. ADDITIONAL REINFORCING REWIRED FOR ERECTION OF PRECAST CONCRETE PANELS SHALL BE ADDED PER ME CONTRACTOR'S DETAILS. 5. MINIMUM CW CRETE COVER FOR REINFORCING STEEL SHALL BE AS FOLLOWS, UNLESS NOTED OTHERWISE. A) CONCRETE BELOW GRADE OR IN CONTACT NTH SOIL: MEN CAST AGAINST EARTH 3% WHEN FORMED 2"- R) WALLS ABOVE GRADE: EXTERIOR FACE IY,", INTERIOR FACE 1-, C) PRECAST CONCRETE ELEMENTS: AS DETAILED. D) CONCRETE SLAB ON GRADE: REINFORCING STEEL AT CENTER OF SLAB. UNLESS NOTED OTHERWISE. 6. REINFORCEMENT DETAILING SHALL BE IN ACCORDANCE WTH CBC SECTION 1907. 7. ALL TIE WIRES SHALL BE MINIMUM 16 GAUGE. BLACK ANNEALED, CONFORMING TO A.S.T.M. AB2. B. ALL REINFORCING BARS SHALL BE FREE OF RUST, GREASE OR OMER MATERIAL LIKELY TO IMPAIR BONDING. 9, ALL BENDS IN REINFORCING SHALL BE COLD BENDS. STEEL 1. STRUCTURAL STEEL SHAPES SHALL CONFORM TO A.S.T.M. A572 GRADE 50 OR A992 NTH Fy = 50 KSI, 2 STEEL PIPE COLUMNS AND OTHER STEEL PIPE STRUCTURAL MEMBERS SHALL CONFORM TO A.S.T.M. A53. GRADE B. 3. STRUCTURAL STEEL TUBING SHALL CONFORM TO A.S.T.M. A500, GRADE B. Fy = 46 KSI. 4. ALL BOLTS SHALL CONFORM TO A.S.T.M. A307, UNLESS NOTED OTHERWISE, WHERE HIGH STRENGTH (H.S.) BOLTS ARE SPECIFIED. THEY SHALL BE MINIMUM `/4" DIAMETER AND CONFORM TO A.S.T.M. A325 SC CLASS A UNLESS NOTED OTHERWISE ON THE PLANS. THE INSTALLATION OF H.S. BOLTS SHALL BE INSPECTED BY A REGISTERED DEPUTY INSPECTOR APPROVED BY THE BUILDING DEPARTMENT, 5. ALL BOLTS HOLESIN STEEL MEMBERS SHALL BE STANDARD HALES, U.N.O. 6. STRUCTURAL STEEL 'NELSON" STUDS SHALL BE MANUFACTURED FROM 01015, C1017 AND C1020 COLD DRAWN STEEL CONFORMING TO A.S.T.M. AIDS -58T. 7. LIGHT GAUGE STEEL MEMBERS SHALL CONFORM TO A.S.T.M. STANDARDS AS FOLLOWS: A) FOR 18 GA. THICK AND LIGHTER STEEL : A446, GRADE A (GALVANIZED) OR A570, GRADE 33 OR A611, GRADE C - ALL HAVING MINIMUM OF 33 KSI YEILD STRENGTH. 1 THICK AN HEAVIER : M46 GRADE GALVANIZED OR A570 8) FOR 6 GA. C DSTEEL D( ) GRADE 50 OR A607, GRADE 50 -ALL HAVING MINIMUM OF 50 K51 YEILD STRENGTH. 8. FABRICATION AND ERECTION SHALL CONFORM TO THE 13th EDITION OF A.I.SC. SPECIFICATIONS. 9. ALL HOLES FOR BOLTS IN STRUCTURAL STEEL SHALL BE DRILLED OR PUNCHED. BURNING OF HOLES SHALL NOT BE PERMITTED. 10, ALL STEEL SHALL BE STAINLESS, HOT DIP GALVANIZED OR EPDXY COATED. ME PROJECT GEOTECHNICAL ENGINEER & SUBMITTED FOR BUILDING DEPARTMENT RENEW AT THE COMPLETION OF ME PROJECT, B. COMPACT SOIL TO ME REQUIRED RELATIVE DENSITIES PER ASTM 155-91, DO NOT USE HEAVY COMPACTION EQUIPM NT WITHIN 20 FEET OF ME BULKHEAD. 9. ON SITE BROKEN CONCRETE & AC PAVING MAY BE USED AS ALL PROVIDED IT ODES NOT EXCEED 6 INCHES IN SIZE & IS NOT STACKED, LAYERED ORPLACED ABOVE ELEVATION +7.0 & IS APPROVED BY THE GEOTECHNICAL ENGINEER. CONCLUSIONS AND REOMMENDATIONS - PER SOILS REPORT. FROM A SOILS ENGINEERING AND ENGINEERING GEOLOGIC POINT OF NEW, ME SUBJECT PROPERTY IS CONSIDERED SUITABLE FOR ME PROPOSED CONSTRUCTION PROVIDED ME CONCLUSIONS AND RECOMMENDATIONS IN ME SUPPLEMENTAL GEOTECHNICAL RECOMMENDATIONS PRINTED ON SHEET S -OA ARE INCORPORATED INTO THE DESIGN AND PROJECT SPECIFICATIONS. EROSION CONTROL NOTES 1. TEMPORARY EROSION CONTROL DEVICES SHALL BE INSTALLED TO ME SATISFACTION OF ME INSPECTOR. THEY SHALL BE RELOCATED OR MODIFIED AS AND MEN THE INSPECTOR SO DIRECTS, AS THE WORK PROGRESSES. 2. ALL LOOSE SOIL AND DEBRIS SHALL BE REMOVED FROM ME STREET AREAS UPON STARTING OPERATIONS AND PERIODICALLY THEREAFTER AS DIRECTED BY THE INSPECTOR. 3. MEN THE INSPECTOR SO DIRECTS, A 12 -INCH BERM SHALL BE MAINTAINED ALONG ME TOP OF ME SLOPE OF THOSE FILLS ON WHICH GRADING IS NOT IN PROGRESS. 4, STAND-BY CREWS SHALL BE ALERTED BY ME OMER OR CONTACTOR FOR EMERGENCY WORK DURING RAINSTORMS. 5. EXCEPT MEN ME INSPECTOR DIRECTS OTHERWISE, ALL DEVICES REQUIRED SHALL BE IN PLACE AT ME END OF EACH WORKING DAY MEN RAIN IN FORECAST, AND SHALL BE MAINTAINED DURING ME RAINY SEASON (OCTOBER 15 TO APRIL 15). 6. SANDBAGS SHALL BE STOCKPILED W SITE, READY TO BE PLACED IN POSITION MEN RAIN IS IN FORECAST, OR MEN ME INSPECTOR SO DIRECTS. 7, PROVIDE A PLASTIC COVER OVER GRADED SLOPES. PLACE SANDBAGS ON TOP OF PLASTIC TO PREVENT THE PLASTIC COVER FROM MOVING, AND AS DIRECTED BY THE INSPECTOR. NAILING AND FASTENERS 1. ALL NAILS AND FASTENERS SHALL BE CORROSION RESISTANT MEETING ASTM AI53 CLASS 0, HOT DIP GALVANIZED AND BE ACRYLIC ADHESIVE OR THERMAL PLASTIC RESIN LATEX ADHESIVE COATED. 2. ALL NAILS SHALL BE 16d (0.148" DIAMETER) HELICAL THREAD NAILS, NTH MINIMUM BENDING YIELD STRENGTH OF Fl = 90.000 PSI, U.N.O. 3. NAILING OTHER THAN ROOF OR FLOOR DIAPHRAGM SHOWN ON THE DRAWINGS SHALL BE IN ACCORDANCE WITH TABLE 2304.9.1 OF THE CBC. 4. NAILS FOR ROOF AND FLOOR SHEATHING SHALL HAVE A MIN OF IYA" PENETRATION INTO THE FRAMING MEMBERS. 5. ALL HARDWARE SHALL BE CORROSION -RESISTANT COMPLYING NTH HOG GI85 FINISH AND BE MANUFACTORED BY "SIMPSON STRONG -TIE CO.. INC." (OR APPROVED EQUAL), AND SHALL HAVE A VALID ICC NUMBER ON THE PRODUCT. ANY DEVIATION FROM THE APPROVED PRODUCTS MUST BE APPROVED BY THE BUILDING DEPARTMENT, NOT BY THE FIELD INSPECTOR. 6. ALL HARDWARE SHALL BE INSTALLED PER MANUFACTURER'S RECOMMENDATIONS. BLIND NAILING SHALL NOT BE ACCEPTABLE AND WALL BE REJECTED. 7. WHERE MECHANICAL OR ADHESIVE ANCHORS/DOWELS ARE INDICATED ON DRAWINGS: A) MECHANICAL ANCHORS SHALL BE HILTI KNK BOLT KB -TZ AND BE INSTALLED IN ACCORDANCE WITH ICC ESR -1917 B) ADHESIVE ANCHORS SHALL BE HILT. "HIT -RE 500 -SD" ADHESIVE AND BE INSTALLED IN ACCORDANCE NTH ICC ESR -2322. C) HOLES SHALL BE DRILLED WITH NON-REBAR-CUTTING DRILL BITS. D) CONTINUOUS INSPECTION IS REQUIRED FOR THE INSTALLATION OF THE ALL ANCHORS/DOWELS BY A REGISTERED SPECIAL INSPECTOR APPROVED BY THE BUILDING DEPARTMENT. THE INSPECTOR SHALL VERIFY THE INSTALLATION OF ANCHORS/DOWELS IN ACCORDANCE NTH MANUFACTURERS RECOMMENDATIONS INCLUDING CLEANLINESS OF DRILL HOLES AND PROPER EMBEDMENT. E) UNLESS NOTED OTHERWISE ON THE DRAWINGS, USE MINIMUM %' DIAMETER AT 24 ON CENTER WITH A MINIMUM OF 5- EMBEDMENT. ABBREVIATIONS A.B. ............ ANCHOR BOLT ON .............. DOWN HT ............... HEIGHT OFF ............. OFFICE T.F. ............. TOP OF FOOTING A.C. ........... A/C ....,,,.,.,, ASPHALT CONCRETE AIR CONOIT.114C OP ................ O.S. ............ DEEP DOWNSPOUT H_S. .............RICH HVAC ........... STRENGTH HEAPNG/VENIRATING & OPNG ...........OPENING OPP HD .......OPPOSITE HAND T.B. .........-. TG ........ _. I... TCP OF BEAM I TAPERED GIRDER AC.P. ......... ADDL ....._... ASPHALT CONCRETE PAVING ADDITIONAL DOLLS .......... (E) ............... DRAWINGS EXISTING IN .,,,......,..... AIR CONDIDENING INCH O.S.F. ..........OUTSIDE P.C. .. FACE .... PIPE COLUMN T,G. ............. THIA -......... TDP OF GIRDER TICK AF.F. ......... ALUM ...... Al -i ............ ABOVE FININSH FLOOR ... ALUMINUM ALTERNATE EA ............... E.F. ............. ELEC ............ELECTRICAL EACH EACH FACE INFO ............INFORMATION INT ,,............ J.B. ............. INTERIOR JOIST BEARING PEN ............. PL -............... ALAS ...... PENETRATION PLATE OR PROPERTY ,... PILASTER THRU .I......_.. UNE T.L.TOP "" "" T.N. ..............TOP THROUGH OF LEDGER " OG NAILER ANOO ......... MRCHT ........ ANODIZED ARCHITECTURAL ELEV ...,.....-.ELEVATOR EMBED ........ EMBEDMENT, EMBEDDED J.G. ............. JST ............. JOIST GIRDER JOIST PLYWD ......... PIT ............. PLYWOOD POUNDS PER SQUARE FOOT T.O.P. ........., i0P OF PARAPET/PANEL 9.B. ........_,. BEL .............. BOTRIM OF BEAM BETWEEN E.N. ............. EO ............... EDGE NAILING EONAL JT ............. K.O.-.,-... JOINT - KNOCK WT P<I ...-.....,.. P.T. ............. POUNDS PER SQUARE PRESURE TREATED INCH T.O.S. .......... TOT ..............TOTAL TOP OF STEEL BLDG ... __.... 8 K _......... BUILDING BLOCKING E5 . ............. E.W. .......-....EACH EACH SIDE WAY L ................. UT ............. ANGLE LATERAL R.D. ............. REBAR ........-REINFORCING ROOF DRAIN BAR MANSE ....... TRANSV ....... TRANSFER TRANSVERSE BM .-.......... BEAM EXIST ...........EMSTING LID ............. LEDGER R.B. ............. ROOF BEAM _ STEEL B.N. ............ BOT .............BOTTOM BOUNDARY NAILING E%P ............. EXT ............. EXPANSION EXTERIOR UG ............... LLH ,,,.,.,,,.....LONG LONG LEG HORIZONTAL READ REIN, .......... REQUIRED REINFORCING T5. ............. T.W. ............. TOPEOF SLAB TOP OF WALL B.W. ............ BOTTOM OF WALL F.O. ............ FLOOR DRAIN LLV ..............LONG LEG VERTICAL REF ........ .,... REFERENCE TIP ..... -...... TYPICAL C .................CHANNEL CAN .-.....- CANTLEVER FON ...._........FOUNDATION F.F. ..............FINISH BOOR LONGIT ........ LP. ..,...,,,.... LONGTUDINAL LOW PONT REV .............REVISION R.J. ............. ROOF JOIST U.N.O.-........ VERT .......... UNLESS NOTED OTHERWISE , VERTICAL Co................ UW117R OF GRAVITY F.G. ......,....A SH GRADE LT ............... LIGHT RM """"""'"" ROOM V.I.F. ........... VERIFY IN FIELD C.J. "..._.."'""" CONSTRUCTION JOINT OR FIN """""""" FINISH MAT. .......... MATERIAL R.O. ::I:::��,:� RW GH OPENING W / N CEILING JOIST F.J. ........_.... RANG JOIST MA% .......,... upxluUM SCH ............ SCHEDULE WD .............. WOOD CL ................. CLG .............. CENTER LINE CEILRJG FLG ..............RANGE M.B. ............ MAIL MACHINE BOLT MATERIAL SECT ........ 9RTG ........... .. SECTOR SHEATHING W --..����� W/O ............ WIDE BARGE WITHOUT RR .............CLEAR FLR .............FLOOR -........ MIX ..""'..... MAXIMUM SIRT .......'..... SHEET W.P. ...............WORK NT PRES C.M.U. ......... COL .... ....... CONCRETE MASONRY UNIT COLUMN F.O.C. F.O.M. ..........FACE FACE OF CONCRETE - M A MASONRY M.B. .......-... TECH MACHINE BOLT MECHANICAL SIM SJ. ............... SIMILAR SAWCUT JOINT W.R. WT ............... WATER RESISTANT WEIGHT CpL1P0 ........ CONCRETION F.0.5. .......... FACE STUD ...._.... MEZZ ,,,....... MEZZANINE S.PP. ............... SPLICE POINT WWF. ..........WELDED WIRE FABRIC CONC ........ CONCRETE F.NN. ............. NA HELD NAILING FAR MFD ............. MANUFACMREO SPA ...............SPACING X EXTRA STRONG CONN .......... CONT .......... CONNECTION CONTINUOUS F,S. ............. FT ......... 90E ..... FEET OR FOOT MFR MIN MANUFACTURER SPECS ....,.... SO SPECIOCATIONS SQUARE XX ............... DWBIE EXTRA STRONG CONST ...,.... CONSTRUCTION FTG ............. FOOTING ..............MINIMUM MISC ............ MISCELLANEOUS G ........... STACG ........... STAGGERED CARR """"" CTR ............ CORRIDOR CENTER GALV ...........GALVANIZED GA ...............GAUGE G.I. GALVANIZED IRON M F.O. ..... MLB .....-...... ...-. METAL FRAMED OPENING BEAM MILES STD ............... STIFF ........... STANDARD STFFERER DBL ............. DOUBLE "'""""' GLB ............. LU -LAM BEAM C M.P.H. - PER ......MILES PER HOUR SR ............. STEEL DF .............. DETAIL DOUGLAS FIR GYP ............. GYPSUM PURUN MTI. ._.......... (N) METAL NEW S.S '-"......... SMUG ....... SELECT STRUCTURAL STRUCTURAL SYMBOLS D . ............ . DRINKING FOUNTAIN GM BD .........GYPSUM BOARD ............. N.I.C. NOT IN CONTRACT SYM ............. SYMEIRICAL .............. AT DIAD DIAGONAL HDR .............HEADER ........... NO . ............. NUMBER T & 0 ......... TOP &BOTTOM ........ ..... CENTER ONE DIAPH .�....... DIA - ............. DIAPHRAGM DIAMETER HDR """ HK. ....,,,,,.,,,, . HANGER HOOK N.S. ............. N.T.S. NELSON STUD OR NEAR SIDE T & G ......... NOT i0 SCALE TEMP TONGUE & GROVE TEMPERED 6 ............ R .............. - DIAMETER PLATE OR PROPERTY UNE DIM ............. DIMEN9W .OR ..........HORIZONTAL H.P. HIGH PRINT -........ O.C. �"'��'�"��' ON CENTER ........... S .............. STEP IN FOOTING ANCHOR RODS 1. ANCHOR RODS/TIE-RODS SHALL CONFORM TO A.S.T.M. A722-95 GR 150 TYPE II THREADED REBAR AS MANUFACTURED BY DYWDAG-SYSTEMS INTERNATIONAL (DSI) WITH DOUBLE CORROSION PROTECTIDN. 2. ROD TENSIONING AFTER BACKFILLING & COMPACTING TO TOP OF ANCHOR BEAM, TENSION RODS TO 1,0001. COMPLETE BACKFILL &COMPACTION TO ROUGH GRADE & TENSION RODS TO 5,000,#. 3. WHERE HELICAL ANCHORS ARE CALLED OUT ON THE DRAWINGS, THEY SHALL BE MANUFACTURED AT THE A. B. CHANCE CO. FACILITY LOCATED AT 210 NORTH ALLEN STREET, IN CENTRALIA. MISSOURI, UNDER A WALLITY CONTROL PROGRAM NTH INSPECTIONS BY RIDGE (AA -650) AND SHALL BE INSTALLED IN ACCORDANCE WTH ER -5110. ANCHORS, PLATES & CONNECTORS SHALL BE HOT DIP GALVANIZED PER A.S.T.M, A153 (LATEST REVISION). THEIR INSTALLATION SHALL BE IN ACCORDANCE NTH ME MANUFACTURER'S RECOMMENDATIONS. 4, ME INSTALLATION TORQUE OF THE IN-PLACE HELICAL ANCHOR MUST BE AT LEAST 6.5 KIP -FT. 5. ACCORDING TO THE GRAPH AND THE SUPPORTING CALCULATIONS, AS SHOWN ON PAGE 17 OF 27 OF ME A.B.CHANCE BULLETIN O1-9204, THE LIFE EXPECTANCY OF ME HELICAL ANCHORS FOR THIS APPLICATION SHALL EXCEED 50 YEARS. HELICAL ANCHORS SPECIAL INSPECTION SPECIAL INSPECTION IN ACCORDANCE WITH SECTION 1701 OF THE CODE SHALL BE PROVIDED FOR THE INSTALLATION OF THE FOUNDATION ANCHORS AND FOUNDATION BRACKETS. ITEMS TO BE CONFIRMED BY THE SPECIAL INSPECTOR SHALL INCLUDE. BUT NOT LIMITED TO, THE MANUFACTURER'S CERTIFICATION OF INSTALLER, THE INSTALLATION TORQUE AND DEPTH OF ANCHORS AND COMPLIANCE WITH THE APPROVED CONSTRUCTION DOCUMENTS AND THE ICC ER -5110. IF PERIODIC SPECIAL INSPECTION IS SPECIFIED, IN ACCORDANCE WITH SECTION 2.4.2 OF ICC ER -5110, STRUCTURAL OBSERVATION IN ACCORDANCE WITH SECTION 1702 SHALL HE PROVIDED. PERIODIC INSPECTIONS SHALL BE PERFORMED IN ACCORDANCE WITH THE FOLLOWING SCHEDULE, SUBJECT TO THE BUILDING OFFICIAL'S APPROVAL: 1. BEFORE THE START OF WORK - VERIFY MANUFACTURER, VERIFY INSTALLERS CERTIFICATIONY MANUFACTURER, AND CONFIRM B THE E PIER AND BRACKET CONFIGURATION COMPLIANCE WITH CONSTRUCTION DOCUMENTS AND ICC E . PIER 2. INSTALLATION OF FIRST HELICAL STEEL PIER -VERIFY THAT LOCATION, INSTALLATION TORQUE, AND DEPTH OF HELICAL STEEL PIERS COMPLY WITH CONSTRUCTION DOCUMENTS. VERIFY THAT INSTALLER KEEPS AN INSTALLATION LOG. 3. FIRST CONNECTION TO BUILDING STRUCTURA - VERIFY THAT INSTALLATION OF FOUNDATION REPAIR BRACKETS OR NEW CONSTRUCTION BTACKETS COMPLIES WITH CONSTRUCTION DOCUMENTS AND ICC ER -5110. 4. END OF WORK - VERIFY THAT INSTALLATION LOG COMPLIES WITH REQUIREMENTS SP IFIETI IN THECONSTRUCTION DOCUMENTS;NTS" VERIFY THAT TALATION OF ALL STRUCTURAL CONNECTION S COMPLIES WITH CONSTRUCTION DOCUMENTS AND ICC ER -5110. CONTRACTOR SHALL USE FIBERMIX STEALTH MULTIFILAMENT FIBERS WHERE CALLED OUT ON DRAWINGS HBERMIX STEALTH FIBER IS A SECONDARY REINFORCEMENT FOR CONCRETE CRACK CONTROL FIBERMIX STEALTH FIBERS ARE NOT RECOMMENDED FOR INCREASING CONTROL JOINT SPACING. APPLICATION RATE - THE STANDARD RANGE OF ADDITION OF FIBERMIX STEALM FIBERS 15 0.75 TO 3.0 POUNDS PER CUBIC YARD OF CONCRETE DEPENDING ON PERFORMANCE REQUIREMENTS. FIBERMIX STEALTH MULTIFILAMENT FIBERS ARE AVAILABLE IN Y.- AND X- LENGTHS. FIBERMIX STEALTH FIBERS MAY BE ADDED BEFORE, DURING OR AFTER THE CHARGING OPERATION - AT ME CENTRAL MIX PLANT OR IN ME TRUCK MIXER. FIBERMIX STEALTH FIBERS ARE UNIFORMLY DISTRIBUTED THROUGHOUT ME CONCRETE AFTER MIXING AT ME RATED TIME AND SPEED. OVER MIXING WILL NOT ALTER ITS PERFORMANCE. GUIDE SPECIFICATION SYNTHETIC FIBERS WILL BE 100 PERCENT VIRGIN POLYPROPYLENE MULTIFILAMENT BUNDLES EXTRUDED FROM POLYPROPYLENE RESIN CONTAINING NO REPROCESSED OLEFIN MATERIALS. FIBERS MUST BE SPECIFICALLY MANUFACTURED FOR USE AS CONCRETE SECONDARY REINFORCEMENT, VOLUME PER CUBIC YARD SHALL EQUAL A MINIMUM OF O.IX AND BE ALKALI PROOF. FIBERS MUST COMPLY NTH APPLICABLE BUILDING CODES AND ASM C-1116. FIBER SHALL BE MANUFACTURED BY FIBERMESH DIVISION, SYNTHETIC INDUSTRIES, 4019 INDUSTRY DRIVE, CHATTANOOGA, TENNESSEE. USA, 37416. (615) 892-7243. GENERAL SPECIAL INSPECTIONS 1. PERIODIC (NON-CONTNUOUS) OR CONTINUOUS SPECIAL INSPECTION BY A CITY CERTIFIED DEPUTY INSPECTOR IS REQUIRED FOR THE FOLLONNG: A) SITE CONCRETE WORK (COPING & ANCHOR BEAM) :..........NON -CONTINUOUS. 8 INSPECT SHEET PILE FOR LENGTH & DAMAGE : ................NON -CONTINUOUS. C T & G LOCKING OF PANELS :............................. ...... ......... ...NON -CONTINUOUS. D2( N N- TNU S. / ANCHOR R00 TENSIONING ................................................. .. 0 CON W E) GROUTING OF PVC SLEEVES :....._ ............._._.........._......_..NON -CONTINUOUS. F) PILING INSTALLATION :........ ... ..... ............................ ..... ......... NON -CONTINUOUS. G) HELICAL ANCHORS INSTALLATION IN ACCORDANCE NTH SECTION 2.4.2 OF ICG ER -5110 :.... SPECIAL INSPECTION 15 REQUIRED FOR SEAWALL PANEL CONCRETE IF NOT CAST IN A CERTIFIED YARD. 2. CONTINUOUS SPECIAL INSPECTION IS REQUIRED FOR THE INSTALLATION OF ANCHOR BOLTS, ADHESIVE ANCHOR BOLTS, ADHESIVE DOWELS AND MECHANICAL ANCHORS IN ALL CONCRETE AND MASONRY WORKS. 3. SPECIAL INSPECTIONS SHALL BE DONE BY ONE OR MORE REGISTERED DEPUTY (SPECIAL) INSPECTORS, APPROVED BY ME BUILDING DEPARTMENT ONLY, HIRED AND PAID FOR BY ME OMER. 4. SITE VISITS CONDUCTED BY ME ENGINEER ARE MERELY FOR OBSERVATION PURPOSE ONLY AND DO NOT CONSTITUTE AN INSPECTION. S. TWO (2) PROPERLY COMPLETED AND SIGNED COPIES OF ME SPECIAL INSPECTION AGREEMENT MUST BE SUBMITTED TO ME PERMIT SERVICES DIVISION PRIOR TO ISSUANCE OF ME PERMIT. 6. AS A MINIMUM, ME DEPTH OF ME SEAWALL EMBEDMENT INTO ME GROUND SHALL BE AS SHOWN ON ELEVATIONS ON (S-1) AND MUST BE ACCURATELY MEASURED BY ME DEPUTY INSPECTOR, A COPY CF THE MEASUREMENT MUST BE SUBMITTED TO ME CITY & ME ENGINEER OF RECORD. 7. SPECIAL INSPECTION FOR ALL NEW CONCRETE CONSTRUCTION. INCLUDING REINFORCING STEEL, IS REQUIRED PR04ECT SITE "" SCOPE OF WORK, 1. TO CONSTRUCT A BULKHEAD/SEAWALL AND RETURN WALLS AS SHOWN ON SITE PLAN. 2. TO CONSTRUCT REINFORCED CONCRETE DECK BETWEEN THE EXISTING STRUCTURE ON THE LOT AND THE NEW BULKHEAD. NOTE TO THE BIDDERS. 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 NTH THE MOST STRINGENT CONDITIONS. 3. THE CONTRACTOR SHALL NOT BE ENTITLED TO ANY ADDITIONAL COMPENSATION FOR ANY DISCREPANCY DISCOVERED AFTER THE "CLOSE OF THE BIO". V M ca = OO N h 610 O) N O Q ' c CC 000 .c Z O Y C.) LO tU to ED .>, ma) J U) to m.* LL- W - T a M to 1.. .I Of 06 m QN Q. Of .O 3 O 3 - m N m o 2NZa Q O � 2 ti M � I U F W 5 N aLi s Z 0) � W Q n F F i V H 3a 4: 0 OW U J F Q U W Y W W YM w IM o LLF w w W W Q I r 0 O I~ 'cy i CO3 D 6 0C4 W U) N Z OW /� o Z W V) ow ow W (D V1 Z m a W- (F^�I w J a 4 E V! � Q o 0� 2 E I.1 ::) 9 U v - ` ® K - (t I - (t (10 p Rm 6 a�� V) �yr�}I O a O N � s m I? . )i1 I N I f D R 1,11111 'It d,'+,,_, -€V- , E t y 'tJ I— , , � � �� � t t!, 1 f J f fW it < ;Iq - 7 0 it k 'A ia,e i n, J� 'I 4 'C2 " –0 , FG i GsA:bP, ( t l i ;.<6 J—, "I al 11 as., 4"'k, fjirl ,5 M:, 4 1 i—li;,3, ll):-14'xw 134. j" i s 3,4 ifn .JV H'a .. «a,.;c, , � il, A A If Ii, 'M OW: NA�ll V PROBABUTY C)FEXCEEDAN(_T 13OZ, 1"TA I j I W9)11 OR SR, COR I 25 yks 5o yrsy I Of) 80 70 so 40 iS 30 U 20 X 10 0 UO 0.25 0,50 0,75 IM 1,25 1,50 Acceleration ito) wI.A1". M-W,M- =lE A i 1 0 1 311 ElP —12013 PROPERTY LINE i oL--- o oI J 1i N`1; (E) BULKHEAD 0 THE I ` ADJACENT PROPERTY TO REMAIN AND BE PROTEC D I V� i TIP SITE PLAN (E) CONC COPING & SPANDREL DECK AT NEIGHBORING PROPERTY TO REMAIN & BE PROTECTED TYP (N) GUARDRAIL (E) MUDLINE (N) GROUT OR CONC FILL. SEEeTYP- S-2 ELEVATION 5'-0" LAFAYETTE ROAD I I OUTLINE OF THE (E) 2 BLDGS ON THE LOT I I I I V V FOR WALL/BULK+IEAD S-2 TW ELEV 10'-0' I 10'-0" (FIELD VERIFY) RHINE CHANNEL T- (E) MUDLINE/RUBBLE COVEREDSURFACE -('---7- -7--T I --- --- --- - - - I I I I IAHLL I/U4.4 REQUIRED VERIFICATION AND INSPECTION OF CONCRETE CONSTRUCTION }1-J III w (E) BULKHEAD P THE ADJACENT PROPERTY FRAME REFERENCED TO REMAIN AND BE PROTECTED VERIFICATION AND INSPECTION CONTINUOUS PERIODIC STANDARD' IBC REFERENCE L INSPECTION OF REINFORCING STEEL. INCLUDING _ % CI 318: 3.5, A"17311 1913.4 PRESTRESSING TENDONS. AND PLACEMENT. 0 CAISSON, PILES, COPING TYP - 7.1-7.7 0 WOOD 2. INSPECTION OF REINFORCING STEEL WELDING IN_ 5 -0" AWS D1.4 _ ACCORDANCE WITH TABLE 1704.3, ITEM 58. 0 MASONRY WALL FRAME _ ACI 318: 3.5.2 WOOD 3. INSPECT BOLTS TO BE INSTALLED IN CONCRETE HILLSIDE SPECIAL ANCHORS SHEARWALLS & PRE -FABRICARED PRIOR TO AND DURING PLACEMENT OF CONCRETE X - - 1911.5 WHERE ALLOWABLE LOADS HAVE BEEN INCREASED. 0 OTHERS: COPING & HELICAL ACI 318: CH. 4, 1904.2.2, 1913.2. 4. VERIFYING USE OF REQUIRED DESIGN MIX. - X 5.2-5.4 1913.3 5. AT THE TIME FRESH CONCRETE IS SAMPLED TO ASTM C 172 FABRICATE SPECIMENS FOR STRENGTH TESTS, _ ASTM C 31 1913.70 PERFORM SLUMP AND AIR CONTENT TESTS, AND ACI 318: 5.6, 5.8 DETERMINE THE TEMPERATURE OF THE CONCRETE. 6. INSPECTION OF CONCRETE AND SHOTCRETE dX PLACEMENT FOR PROPER APPLICATION - ACI 318: 5.9, 5.10 19 191 } 13.7, ,6, 19 TECHNIQUES. 16. 7. INSPECTION FOR MAINTENANCE OF SPECIFIED X ACI 318: 5.11-5.13 1913.9 CURING TEMPERATURE AND TECHNIQUES. 8. INSPECTION OF PRESTRESSED CONCRETE: A. APLICATION OF PRESTRESSING FORCES. X_ ACI 318: 18.20 B. GROUTING OF BONDED PRESTRESSING TENDONS IN THE SEISMIC -FORCE -RESISTING % ACI 318: 18.18.4 _ SYSTEM. 9. ERECTION OF PRECAST CONCRETE MEMBERS. - X ACI 318: CH. 16 - 10. VERIFICATION OF IN-SITU CONCRETE STRENGTH. PRIOR TO STRESSING OF TENDONS IN POSTTENSIONED CONCRETE AND PRIOR TO - % ACI 318: 6.2 - REMOVAL OF SHORES AND FORMS FROM BEAMS AND STRUCTURAL SLABS. 11. INSPECT FORMWORK FOR SHAPE, LOCATION AND DIMENSIONS OF THE CONCRETE MEMBER BEING - X ACI 318: 6.1.1 - FORMED. NOTE: WHERE APPLICABLE, SEE ALSO SECTION 1707 1. SPECIAL INSPECTION FOR SEISMIC RESISTANCE. }1-J III w (E) BULKHEAD P THE ADJACENT PROPERTY FRAME DIAPHRAGM TO REMAIN AND BE PROTECTED 0 CONCRETE 0 \ 0 CONCRETE -(N) CONC DECK i SIM OPP HD S-2 -(N) CONT 0 MAT FOUNDATION 0 MASONRY CONIC 0 STEEL DECK 0 CAISSON, PILES, COPING TYP 0 CONCRETE MOMENT FRAME 0 WOOD 10'-0" 5 -0" (E) BULKHEAD WHETO RE REMAIN & BE PROTECTED OCCURS PLACE COPING TYP CONC '_I---- PROPERTY LINE TYP DESIGN ELEV AT TOP OF (N) S. IF LCONC DECK =+9.00'* M.L.L.W. (N) CONT CAST iN-PLACE -�L- (N) CONIC COPING & BRICK CONC DECK _ _ _ _ WALL ABOVE IT AT -I NEIGHBORING PROPERTY I j-19 KEY I i- I TYP PANEL - - Ill -I t -III= T l I Il--' - I I I III I I I I I I I I (E) CONC PANEL TYP I PROPOSED MUDLINE (E) MUDLINE STRUCTURAL OBSERVATION (o4/oa/1o) 1. IN ACCORDANCE WITH SECTIONS 1710.2 OR 1710.3 OF CBC 2010, THE OWNER SHALL EMPLOY A REGISTERED DESIGN PROFESSIONAL TO PERFORM STRUCTURAL ONSERVATIONS AS DEFINED IN SECTION 1702 OF CBC 2010. 2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR NOTIFYING THE STRUCTURAL ONSERVER FOR REQUIRED OBSERVATIONS DURING THE CONSTRUCTION STAGES CHECKED BELOW: FOUNDATION WALL FRAME DIAPHRAGM 0 FOOTING, STEM 0 CONCRETE 0 STEEL MOMENT FRAME 0 CONCRETE WALLS, PIERS N �TLI-I- 0 MAT FOUNDATION 0 MASONRY 0 STEEL BRACED FRAME 0 STEEL DECK 0 CAISSON, PILES, p WOOD 0 CONCRETE MOMENT FRAME 0 WOOD GRADE BEAMS 0 STEPP'G/RETAIN'G IT OTHERS: 0 MASONRY WALL FRAME ® OTHERS: FOUNDATION, WOOD HILLSIDE SPECIAL ANCHORS SHEARWALLS & PRE -FABRICARED CONCRETE DECK STRONG WALLS ® OTHERS: CONCRETE 0 OTHERS: COPING & HELICAL ANCHORS CONNECTIONS TO IT 3. UPON COMPLETION OF WORK, THE STRUCTURAL OBSERVER SHALL SUBMIT A REPORT TO THE OWNER. THE REPORT SHALL IDENTIFY ANY REPORTED DEFICIENCIES THAT HAVE NOT BEEN RESOLVED. 4. AT THE CONCLUSION OF THE WORK INCLUDED IN THE PERMIT, A FINAL REPORT BY THE STRUCTURAL OBSERVER WHICH STATES THAT ALL OBSERVED DEFICIENCIES HAVE BEEN RESOLVED IS REQUIRED BEFORE ACCEPTANCE OF THE WORK BY THE BUILDING OFFICIALS. IS NSPECW E) elgrass { v/otin 1 5' of projectins•. _ . p. Q El elgrass ',edlhin 15 - 30'ot projeM XN E lgrass u 1 pr Fact area Signature _cd I - inspection Date &I s M c6 c0 t Nn O V N O Q Z p r. rJ v T d � N lames v a J � \ C'6co oD 3 1'00 (D m 0 2 N Z a 2 V) w 0 O LLI cm m F U t Z W Wo w 3 i � V � a J� WU Z Br Ne J F W uWC LLF W F a 0 N N y1 J O 00 00 a w O cDD W ,L0 N Z 1 I y1i I I HARBOR 1 �1�.I _PROPOSED MUDLINE ELEV AFTER 1 -- A AA A® 6® U1® E I�e RUBBLE REBOVAL=-3.0� A1LLW RESOURCES CITY E NEWPORT BEACHp I I I (N) CONIC PANEL TYP _ - -_-�.-�Y.. ^� `. 1 NOTE :VERIFY ALL ELEVATIONS. o a 3a $s N �4 ui Fa a f o N �TLI-I- 3/16" - 1' 0" V N E as/xs/i� i g Y r -ry. Divi 103 FIELD VERIFY VARIES N RETURN (E) RETURN ( ) ° "- (N) MIN 214"STD PIPE TOP RAIL WALL PANED FIELD VERIFT' WALL PANEL ( �@ MIN '- 0 K i. POSTS T V r N GROUT OR 4510 I - -15 @ MAX 8'-0' O.C. TYP I N MIN �"SQ x )fb' PSI CONIC FILL FROM ° = 1 • I : -III_ FILTER CLOTH '" `T - iN INTERMEDIATE BALUSTERS I 2' BELOW MUDLINE TO INTE SEE NOTE 3 BELOW BOT OF COPING REINFORCED(N) UP TO 2" THK(N) CONIC STEP W/FIBERMIX STEALTHFIBERS. APPLYGAVERAGE FINISH llP rl CONSTRUCTION PAPER OPTIONAL k AGAINST THE FACE OF iv ILII (N) 6'' THK (E) STRUCTURE f III III III III ?gra (N) MIN 2"SQx ){s. CONC DECK (E) CONC COL I II-III III III=111 -@t'€ �` 80T RAIL TYP• SEE I & CMU WALL (E) SEAWALL ! `•V (N) POST SKIRT NOTE 3 BELOW K6 @ 12" D.C.I WHERE OCCUR PANEL 6" T� 1-#4 CONT EA AT BOT \°l r zee= { SIDE OF TS P SLEEVE ,y4 @ 18" O.C. n ¢ m QQaG,G Tza° o x a9 F 3A"CHAMFER TYP AT BOT v 111.. 11L, av OO 5% SLOPE MIN 0.5% SLOE MINS MIN ' L GROUT � TOP OF DECK _ - (E) CONIC SLAB < •- AT GROUND 4 °� ELEV = +9.00' MLLW (N) SEAWALL PANE S - - - - L T, a • f LEVEL GARAGE NOTE { .n ¢ 1. PANEL REINF NOT SHOWN FOR CLARITY. (N) CONIC COPING FLOOR DRAIN BY ¢ ( 2. FOR INFO NOT SHOWN, SEE PANEL ELEVATION e &SITE PLAN __-___� 1. 0. ° SO7 (N) TS SLEEVE OTHERS TYP - V 1� k ° - n 3. ACCOUNT FOR NOT ORTHOGONAL LAYOUT • APPLY BOND ' - e WHERE OCCURS. 3" CLR ALL BREAKER AVER TOP _ i AROUND TYP SURFACE OF COPING, i1 .—VOID ,y6 ADHESIVE • cIII III, N.T.S. '411 TYPICAL CORNER DETAIL E � cMc A U.N.O. ° ,� ," AS READ, PRIOR To o DOWELS @ ,B•• o.G. a , r ; CASTING CONIC DECK -� I1� I zR as/zs/�� o CENTER LME OF " (E) RUBBLE COVERED 15 IJ III I y4 CLOSED TIES TYP < CONN TYP " 9)4" MIN SURFACE, SEE SEQUENCE i� �_ a° ° SCONSTRUCTION OF OPERATIONS BELOW d 1-III I II- PAPER �5.-.-., "•//// B- fi CONT IN 4 ISI III-� BETWEEN (E) & • o c N ` N ^, O N N c C O a T 4-qfi CONT EVENLY SPACED @ BACK FACE AT 4'-0' 'WIDE PANEL TYP ADD 1-q6 CONT FOR EA ADDITIONAL FT OF PANEL WIDTH, WHERE OCCURS b a /`• ° ° ° III III- (N) CONIC CLOSED TIES @ ° • (N) CONIC TYP e o e Mi ° ----- ----- •r�Trmlfr�T • III-' I COPING TYP U co C 11/y" 4'-0" U.N.O. e • _ 24 0 C d' �'+.� h M III I I I I -' 1 ° BEARING PLATE �, III III • ..PITT- 1 ° p6 CONT @ EA FACE ° / / (E) CONC �„�• I- Z y U 2V/ " CLR 1 x 6 SO _ (N) FINAL FINISH III �-�IIIIII ILII III I,II (E) CONIC BM & COPING, SEE • 4 - i�/ ° ,r3/x' ^ W/DOUBLE NUT �' - f =III III III ISI III-III 30' LG CONC PILES PLAN FOR GRADE, SEE SEQUENCE I -III III=I=� EXACT • ° ° it 5" 3" 6" OF OPERATIONS BELOW IJII II -III-III III M/M / LOCATION TYPE ° • #6 CONT @ EA FACE - d 0) l0 m a C y.a r (E) MUDLINE &RUBBLE ELEV=+2.5'3MlLW \;. °, /MIN \ co co CL N - 1"0 OR 150 GALVANIZED \ 1 THREADED DYWIDAG \ I I` • BAR ADAPTER TYP UJ O O 3 � L cc O L N Z d y v ^N SCHED 40 PVC \ u x - v J,° N q3 CLOSED TIES @ 12' O.C. e_ • SLEEVE FILLED WITH NON-SHRINK 4-pB CONT EVENLY SPACED / ° >> GROUT /' \ m iR @ FRONT FACE AT 4'-0" WIDE PANEL TYP AOD 1-k6 CONT FOR EA w �� \ M 1 °e a 7yp ^_' F° --- •° °� ---�� V C UAI ADDITIONAL FT OF PANEL SEAWARD FACE WIDTH, WHERE OCCURS m �i PANEL F 1.5 TYP m ELEVATION - TYP PANEL \ . Z 2 0 llP W Ci OF PANEL tt DESIGN WATER LEVEL ELEV ON - SECTION /' E '�" CHAMFER W fD O WATER SIDE=+0.00' M.L.LW- i \ H p (N) TEMPORARY MUDLINE 1 ' —� / ELEV AFTER RUBBLE / I N.T.S. REMOVAL TO ALLOW FOR DETAIL K m N =_ W G ~ W TYPICAL PANEL SECTION N.Ts. F ,y JETTING-IN-PANELS= \ 53MLLW;� =o wa U a J w — — --- — .\ ai w c o ----------- i Qo Fa 4'-0" U.N.O. LOWEST TIDE (ESTIMATED) (N) FINAL MUDLINE ELEV 1 \ ; Y W W 6 U Q m =-AFTER RUBBLE REMOVAL 1�" GALVANIZED RCS SOLID 2.50' MLLW. \ STEEL OUAORIFLE HELIX W W N O F & DREDGING=-3.0'3MLLW - \ LEAD SECTION x 7'-0" LG LL O W a m - n LINES OF TEMPORARY W/8"0, 10"0, 12"0 & 14"0 x _ EXCAVATION/RUBBLE z REMOVAL TO CLEAR THE )4" THICK HELICES0 % w J O O ¢ a 00 m - Z ILII-III III IIIA PATH FOR JETTING-IN \ OZ O < o III III -III III-III PANELS 1-Y" GALVANIZED RCS SOLID -\ IfU W W - m p u - _ a ILII-ISI III-III- STEEL EXTENSION SECTION 1 AT MAX 10 FT O.C. TYP N Z ZZ -III-III-III _III 8 •� V #3 CLOSED TIES TYP 1 - o o a> \ C z LJ m x \ VI ~ Z 1#6 VERT CONT TYP AT EACH FACE w 3 E E FILTER CLOTH * Q l®^ o 37'-1"f TO THE TIP OF LEAD SECTION Ij �mE Q Z LEAD SECTION 1y H m�' o a�Ln I � �o am; 3 I I i I v I IPROPOSED SE�UENCE�OPERAPONS 1 1 SATED TO THE SEAWALL THE SEAWALL C�STRUCTI�: F - 1 II- 1. REMOVE RUBBLE AND EXCAVATE IN FRONT & BEHIND THE EXISTING III_ (N)PRECAST -TIL SEAWALL ELEVATION N'MLLW AS SHOWN ABOVE. PANELS W CONCRETE PANELS AS SHOWN ABOVE. CONIC PANEL III— 2. JET-IN THEE NEW 3. INSTALL HELICAL ANCHORS AS SHOWN ABOVE AND ON SITE PLAN. ESSI 5 qP III-� 1 4. CAST-IN-PLACE NEW CONCRETE COPING AS SHORN ABOVE. `-' S38ix 1 I-III- 5. AFTER CONCRETE AT COPING HAS ATTAINED ITS SPECIFIED 28 DAY nr, no-, ^' ,I '... III- COMPRESSIVE STRENGTH, DREDGE IN FRONT THE WALL TO AN t 11l19UCTURP -ISI; 1 ELEVATION -3.0' MLLW AS SHOWN ABOVE. 6 ACKFLABOVE.BEHIND SEAWALL WITH SAND TO LEVEL FINISH GRADE AS `Ii C 9Tf O�2 SHOWN �. CALIF .-III 7. CAST-IN-PLACE CONCRETE DECK AS SHOWN ABOVE. NOTES: n I 1. FOR INFO NOT SHOWN SEE STRUCTURAL DRAWINGS. > > U p o 2. EPDXY COAT THE ALL FIELD WELOINCS AS REQUIRED. 3. THE SPACING BETWEEN THE INTERMEDIATE RAILS/BALUSTERS AND o 3 n o BETWEEN THE BOTTOM RAIL AND FINISH SURFACE BELOW SHALL BE j SUCH THAT A SPHERE 4 INCHES IN DIAMETER CANNOT PASS THROUGH. N N , TYPICAL BULKHEAD PANEL N.T.S. R SECTION AT SEAWALL TYP V :.�.: OZZZ - 8V9 I6V61 'euoyd MR "M R MM 1Vi13N39 1 n"s ... a .... .. 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'5u S; WIR ac'<U sg���l �_---_—_—_ - / }g oR / SOI iii � I�Ir - #•r-' a _ ______ a�-� / ----------------------- � 1 o - o\ i S yQ \ \ i Vt InlN WW J \Lv fi =e < w4 W c���T81 - M I( t� February 26, 2010 To: Mr. Chris Miller Harbor Resources — Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 From: Seth Hall Source One Spares 2808 Lafayette Drive Newport Beach, CA 92663 Phone 281-844-7641 shall@sourceonespares.com RE: February 5th Letter in regards to Dock Space Dear Chris, We met one time at a Council Meeting a couple of years ago and we discussed the 2808 Lafayette location on the Rhine Channel. You came by to take a look at the location and we discussed the possibility of dredging the area and adding 3 or 4 more slips to the location. 2808 Lafayette is an unusual location. The building used to extend over the water on piers and collapsed about 5 years ago. Once the debris was cleared, the catch 22 of not being able to build over the water again and not being able to dredge the area put the property in neutral for future development. Maybe one day it could be dredged and a few slips added. Source One is a tenant in the building and we lease the space. The letter is being sent on behalf of our landlord, John Morehart at 123 Properties. This letter is written to follow up on the February 5 letter (attached) in regards to the Pier size. We believe there was a misunderstanding in the satellite image as to the actual size of the pier. It appears that the area is permitted to 660 sq ft. The satellite image says that we have 3245 in pier sq ft but we believe this to be incorrect. Attached is a sketch of the pier. It shows that 632 sq ft of pier space and that is under the authorized 660 sq ft noted in the letter. Also attached is a photograph of the pier. We trust this is acceptable and clears the open issue. Please call if we need to discuss. 1818 Memorial # 201 www.sourceonespares.com 281-449-1100 Houston, Texas 77007 f 281-449-6520 rJ February 5, 2010 HALL, SETH 2808LAFAYETTE AVE Permit # CP22128081 Dear Commercial Pier Permitee- c ADMINISTRATIVE E . Revenue Division A recent review of commercial piers in the City of Newport Beach has indicated that some pier permittees are not being billed accurately for the size of their piers. This maybe the result of modifications or improvements made to the original pier, or a re-evaluation of the applicable bulkhead line and pierhead line . Listed below are the original pier permit size and the current pier permit size according to our review. In addition, enclosed please find a GIS aerial photographic map depicting the difference between the pier sizes. F` Prior Size: 660 k J Current Size: 3245 ` If you would like to appeal this determination, please send your appeal in writing to: Harbor Resources 829 Harbor Island Drive Newport Beach CA 92660 Attn: Chris Miller Please also include any documentation substantiating your appeal. The annual Pier Permit bill must be paid in full on or before March 1, 2010. Thank You, Evelyn Tseng Acting Revenue Manager yr WPM'[ if).j�il (i.,.} :',If? 1 f<) 19j 6'— .j(Jf.i<lG'"ti•.11('lt'i}t,tl�)C`8117(-i1.L't1' 01/26/2006 THU 17:24 FAX IZ002/002 HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 **Date of Applicaton: 1/26/06 Permit Number: **Property Address: Newport Beach, Ca 92 **Buyer's Names: A08 �,ikX�� .� �-� Billing Address: 126 E. 16th Street Telephone No.: Buyer's Signatures: Costa Mesa, Ca 92627 *Seller's Names:i� r • ffr4 U Seller's Signatures: Joint Owner Signature: 'Escrow Company: **Address **Escrow Number: Closing Date (Estimate): **Fax #: * *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. Inspection Date: Reinspection Date: Fee Paid: Check No: Application Complete: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. Cly OF NEWPORT BEACH CITY OF �� 3 NEWPORT BERCH f' �iaacp ti 7 ERYI-R— CIFIe occ PIERWEST \ \ VICINITY MRP J. PROFILE 1' = 40' ERsr m3frnr MY, °ig0 SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. of wo r4o Pekin ove �x 5;�; n y ti � �Jen� l , F' ' (a0 ` s w r f New v- s Gv Nc C4a �� ,:� i 5 � I, Q s { j E ?IA If' 'E I-ROJECTAREA r '�►'�`I �tl/a-tSIGNATURE _E, lIT4 j 61-4 e I i i rp Vv� 3z x N � I I. w©r PLAN V I ETN RPPLIW'S NAME el -r JOB ADDRESS ZOO& (A, j---Pq _e'44 DATE 7—`7-p/, 1 CITY.OF-NEWPORT.BERCH CITY OF. NE}iPQRT BE RCH I WS7. l�'PEH A NDPORT Br gm�- r.::�� P�cr�Ic oc E'RN IER YCCINITY MRP Dr, am VA PP, I?cflff'S NAME D l/j11/ _M_ I u_ BHY JETTY E pMFI LE 1' = 40 SOUNDINGS ARE EXPRESSED IN FEET AND.DENOTE ELEVRTIONS BASED ON MEAN LOWER LOW WATER. /' PLAN VIEW 1 ° JOB i0i RDDRESS 2e eEDATE O��EviPpR �. Priht Form:: Worksheet for Building/Fire Permit Application Please print 3 copies City of Newport Beach Building Department >I_t A MOOD RGC(lf IRCFS 1. Project Address (Not mailing address) CITY OF NE1 WRT - . No First[ OVA 1--v Legal Description Lot Block- Tract # Units 2. Description of Work Use :Moor Boat Zip -T Telephon -� / it /f /C # Stories Tenant Name if Commercial Valuation $ Fsollmig-c" j New Add F- Alter i- Demo Cr n4/Ri n'7- Scl Ft (new/add/extended)' Check Appropriate Box for Applicant/Notification Information "' 3. Owner's Name Lastl (n/1 �� First[ OVA 1--v Owner's Address Owner's E-mail Address City State Zip -T Telephon -� 4. Architect/Designer's Name Last L First Lic. No. I- Architect/Designers Address E Architect/Designers E-mail Address I City State- Zip F Telephoned j 5. Engineer's Name Last Bazley First :.Tim Lic. No.'C50019 Engineer's Address Engineer's E-mail Address 12500 Via Cabrillo Marina #200 I City 1`San Pedro State i CC A Zip Telephone[310-548-3132 F 6. Contractor's Name Last Swift Slip First- Lic. No. 1797052 Class A -- Contractors Address Contractor's E-mail Address 2027 Placentia Ave bhswiftslip@sbcglobal.net -- - City Costa Mesa Statef'CI A Zipl':9262�- 7 Telephone 949-631-3121 i OFFICE USE ONLY PERMIT NO. Z Z _ Lek j TYPE OF CONSTRUCTION PAI PLAN CHECK NO. I PLAN CHECK FEE $ 1i41� OCCUPANCY- GROUP FEB��� PLAN CHECK ENG. I � �_'�bz4 CITY OF NEWPORT BEACH HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove existing dock structure. Install new Sea wall, U-shaped float, new gangway, and 4 - 14" pile. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Pro ertAddress: 2808 Lafayette, Newport Beach, CA Legal Description: Harbor Permit Number: 221-2808 Plan Check Number: 0497-2006 App scant: John More art Applicant's Mailing Address: 2808 Lafayette, Newport Beach, CA 92660 Phone Number: 714 631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And f'nd They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted hereunder, this development: N/Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached conditions to the pier permit. Tom Rossmiller, Manager, Harbor Resources Sianature: Mike Ure, Harbor Resources March 8, 2006 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions March 8, 2006 Property Address: 2808 Lafayette, Newport Beach, CA With reference to the plans currently under consideration to reconfigure or modify the dock system, the following conditions will now be in effect on the above referenced pier. 1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Beach Municipal Code. The pier permittee understands that the above referenced pier is under the purview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. The side property lines extend in the water along their same bearing. The western property line extends exactly parallel to the eastern property line. 6. Vessels may not extend beyond the end of the finger by more than the width of their beam. 7. The maximum width of a vessel permitted to side tie to the outside of the southeast finger is 18' feet. 8. The maximum width of a vessel permitted to side tie to the out side of the northwest finger is 8' feet. 9. The length of both of the float fingers are not to exceed 4 feet beyond the Pierhead Line. Signature: Mike Ure, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Map Output Page 1 of 1 http: //www6. city.newport-b each. ca.us/servlet/com. esri. esrimap. Esrimap? S erviceName=n... 03/03/2006 Date: Inspection Requested By: Inspector: Pier Address: Pier Transfer Harbor Resources Department Don Duffy GFI Present Yes Need Anti -Siphon / Backflow Present Other Comments EEelgraass) Yes No Z' Present�Z,vL Reinspection None Needed Yes Need Pump Out Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request KURT DONAT March 13, 2002 ARCHITECT - Mr. Tony Melum ® a Harbor Resources Department 829 Harbor Island Drive 50332nd Street, Suite 130 Newport Beach, CA 92663 Newport Beach, California 92660. p ,7X675 -885644x, 75�885� Re: 2808 Lafayette Avenue 3 Dear Tony: Pursuant to our telephone conversation this date, T am writing to request the requirements for obtaining approval to construct a`Pnew bulkhead anWledge for three new boat slips for the above referenced property. Additionally, I am interested in knowing if the proposed dredging material is considered contaminated due to the former use of the site in the 1940's. (` 4) I have enclosed, for your review, two copies of a schematic plan for the proposed development and ask for your direction as to how to proceed. Thank you for your assistance. Respectfully, g Kurt Donat Architect KD/ad s Map Output Page 1 of 1 http://www6. city.newpoi t-beach.ca.us/servleticom.esri. esrimap.Esrimap?Sei viceName=n... 11/08/2005 M CITY OF NEWPORT BEACH 12/15/2004 FINAL LETTER - COMPLETE r< 2 - HARBOR HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660 Tom Rossmiller - 949-644-3041 / Chris Miller - 949-644-3043 FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915 Nadine Morris - 949-644-3105 RICHARD HALL 17541 17TH ST. TUSTIN, CA 92780 Dear Commercial Pier Permittee, Permit number: HC2004-055 Location : 2808 LAFAYETTE AVE Status : CLOSED This is an acknowledgement letter stating that you have successfully corrected the violations previously noted in the City report that was sent to you earlier this year. Your docks have met the minimum standards as set by The City of Newport Beach Municipal Code. Your actions will help reduce the potential for fire related injury and property damage in Newport Harbor. Please remember that it will be your responsibility to ensure that your docks maintain this level of safety in the years to come. The Harbor Resources and Fire Departments will be conducting routine inspections of your property in the future. Thank you for your compliance. Please feel free to give us a call if you should have any additional questions. INSPECTION DATE COMMENTS CHRIS MILLER - HARBOR RESOURCES SUPERVISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page I of I bj� P-61-11 HARBOR PERMIT TRANSFER APPLICATION Date of Applicaton: Permit Number: Property Address: (,, ( Buyer's Names: Billing Address: Telephone No. -114-, Buyer's Signatures: Seller's Names: Seller's Signatures: Joint Owner Signature: Escrow Company: Address Escrow Number: Closing Date (Estimate): i -/p - o 1 - Inspection Date: Fee Amount: Y/v 3 Daae Paid: /I// -x /n 3 Application Complete: Reinspection Dat i` v� Chec, Numbe : a Harbor L, Signature✓Da e Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. l3euc4 04 92(,60 RECORDING REQUESTED BY: Fidelity National Title Company - ,Aaior Accounts Escrow No. 622047 -PB �� Title Order No. 17 RC1 J/ 07 When Recorded Mail Document and Tax Statement To: Timothy Caldwell 17541 17th Street Tustin, CA 92780 . 6q,l - 62- (P Recorded in Official Records,County of Orange Darlene Bloom, Clerk Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII 8.00 2002001119728 03:55pm 12/10/02 116 4 G02 2 459.25 459.25 0.00 0.00 2.00 0.00 0.00 0.00 GRANT DEED SPACE ABOVE T The undersigned grantor(s) declare(s) Documentary transfer tax is $918.50 [ l computed on full value of property conveyed, or [ X 1 computed on full value less value of liens or encumbrances remaining at time of sale, [ 1 Unincorporated Area City of / t w f f- f3e 4uc�\ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Pacific Storage Partners, a LLC hereby GRANT(S) to Westminster Living, L.P., a Limited Partnership the following described real property in the County of Orange, State of California: Parcel 1, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 95, page 44 of parcel maps, in the office of the County Recorder of said Orange County. DATED: October 31, 2002 STATE OF CALIFORNIA COUNTY OF 0.11P2Ir-e- ON � p(/Q Qr / g � OOA before me, personally appeared :Aichiaa 14. -'qu and personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)-kWare subscribed to the within instrument and acknowledged to me that t+efe+w/they executed the same in#Mafher their authorized capacity(ies), and that by 4iefheNtheir signatures) on the instrument the oerson(s.), or the entity upon behalf of which the persfin(s) acted, executed the instrument. Pacific a ey: _ 1 B: Y tngrs, as 6 5E. aM WTIE M. THIBERT _cornmWowni 1370OW Notary Public - CaNhrnia 1 Oran" county - 10MyCwm Ewliw&g 1a,100/ MAIL TAX STATEMENTS AS DIRECTED ABOVE FD -213 (Rev 7196) GRANT DEED October 14, 2003 Mr. Richard Hall RHC Communities 17541 17th Street Tustin, CA 92780 Re: 2808 La Fayette Newport Beach, CA Dear Mr. Hall: CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3034/Fax 949-723-0589 We have tried to contact you since July of 2003 (see enclosed letter) and as of yet this matter has not been settled. Enclosed you will find the Pier Permit.Transfer Application and the instructions. Please remit the completed form along with the 2003 Commercial Pier Transfer fee of $435.00, plus a penalty of $76.00, for a total of $511.00. If we do not receive the requested application and monies owed to the City within 15 days, this matter will go before the Harbor Commission within 60 days for revocation of your permit. You will be noticed of that hearing. If you have any questions, please contact this office at 949-644-3034. Sincerely, �"t Mtl� Chris Miller Harbor Resources Supervisor August 3, 2003 Mr. Richard Hall 17541 17th St. Tustin, CA 92780 CITY OF NEWPORT BEACH 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3034/Fax 949-723-0589 Re: Residential Pier Permit 2808 La Fayette, Newport Beach Dear Mr. Hall: In July we sent you a letter stating that the pier permit at 2808 La Fayette has not been transferred into your name when you bought the property. As of this date we have not heard from you, nor have we received the application or the fee and penalty charge ($460.00). Please see the section of the City of Newport Beach Harbor Permit Policies dealing with harbor permit transfers, Section H-1: "GENERAL PROVISIONS FOR PERMITS FOR HARBOR STRUCTURES Revocation of Permit. The rights given under this permit are permissive only and the City of Newport Beach reserves full right, power and authority to revoke this permit at any time. In the event the Permittee fails to remove said works within the time specified, then the Harbor Resources Division shall have the right to immediately remove same at the cost and expense of the Permittee." To avoid revocation of your permit you must respond within the next 30 days. Should you have any questions regarding the pier permit transfer please call 949-644-3043. Thanks in advance for your help in this matter. Sincerely, Chris Miller Harbor Resources Supervisor Mr. Richard Hall 17541 17th St. Tustin, CA 92780 CITY OF NEWPORT BEACH 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3034/Fax 949-723-0589 Re: Residential Pier Permit 2808 La Fayette, Newport Beach Dear Mr. Hall: In reviewing of our records, we noted that Paul Sumner no longer owns 2808 La Fayette as of February 26, 2002. Please see the section of the City of Newport Beach Harbor Permit Policies dealing with harbor permit transfers, Section H-1: "TRANSFER OF ANNUAL HARBOR PERMITS A. Permits for harbor structures are issued subject to the condition that any improvements constructed shall not be sold in whole or part, leased, or transferred, without the written consent of the City. B. Whenever a permittee. sells the abutting upland property, a request shall be made to the City to transfer the permit. Forms for this purpose may be obtained from the Harbor Resources Division. Failure_ to apply for a transfer within 30 days from the date that the abutting upland property changed ownership will result in an additional fee by the City. C. The Harbor Resources Division is authorized to approve transfers to the new owners or long-term lessee of the abutting upland property. D. Prior to the transfer of a Harbor Permit, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to the transfer of the permit. A fee will be charged for this inspection, established by Resolution of the City Council." The fee for transfer of the pier is $385.00, plus a late fee of $75.00. There are also yearly fees that have not been paid. That billing will be sent out from our Revenue Division once the transfer process has been completed. Please complete the attached form and enclose a check for the inspection, transfer and late fee, $460.00, payable to the City of Newport Beach as soon as possible. Once we receive the check we will inspect the pier to be sure there is a GFI on the electrical, anti -siphon valve and for any obvious safety issues. Once the pier has passed inspection, we will transfer the permit. Should you have any questions please call Lorrie at 949-644-3034. Thanks in advance for your help and prompt attention in this matter. Sincerely, Tom Rossmiller, Manager Harbor Resources Division JUN -30-03 1S=27 FROM=COAST NEWPORT PROP ID=S4SG441GS0 PAGE 2/3 RECORDING REQUESTED BY: Fideliw National Title Company - Meior Accounts F-Scrcw No. 6Z0 65 -PB Title Order No. 8752768 1 I When Recorded Mail Docurnent and Tax Swoment To, Richard Hall 17541 17th Street Tustin, CA 92780 CIRANT GEED R"order In oHlciai Fteaardr.,Ceunly of Orange oaneno Bloom, interim Clerk Recorder ltl�lullltlfi�lllfil�lll#�fl[�cll�i 2t'�.q¢ 20020543749 04:12pm 06127102 102309022 0,00 0-00 0.00 20.00 2.00 O,OD 0-00 0.00 The undersigned grantors! dedare(S) Documentary ttarnsfer tax is $ I X I computed on full value of property conveyed, or { I computed on full value less value of liens or encumbrances remaining at time of Sale, [ I Unincorporated Area City of Newport Beach fOR A VALUARL E CONSIDERATION, rscelpt of which is hereby acknowledged, 2808 Lafayette, LLC, a California limited liability COmpsnY hereby GnMT(5) to Pacific Storage P2rtners, a Ltd. Liability Co. the following described real propedy in the City of Newport Beach County of Orange, Sate of California; Parcel 1, in Newport Beach, as shown on a Map recorded in Book 95, page 44 of Parcel maps, in the offica of the County Recorder of said CounwY DATED: February 26, 2402 STATE OF CALI WIA COUNTY OF ON before me, personally appeared .person=ally known to me (or proved to me on tete basis of satisfactory evidence) to be the perso%A whose namsO isfeoo subscribed to the within instrument and acknowledged to me that he/ -executed the sante in histherhft Mthorized capacity, and that by tushtw teir signature on 'Rhe instrument the person(„ or the entity upon behalf of which the person(p acted, exec d the instrument. Witness my ha n lal seal. $igr►ature � 284$ wfayerre, LLC, a California limited liability n9Y MAIL TAX STATEMENTS AS DIRECTED ABOVE FO -213 (Rev 7138) CRANT DEED 1366=1ption: 0r=ge;CA Document-Ye42. DocID 2002.543749 .Page: I o:ff 2 -"- order: azalea C'olmant: JUN -30-03 15=27 FROM=COAST NEWPORT PROP ID=9496441690 PAGE 3/3 { Government Code 27361.7 I Gerti#y under the penalty of perjury that the notary seal on this document read as follows: Name of Notary: VICKI L. RANCK Date Commission 6cpires, DECEMBER 17, 2003 County where bond is Filed: ORANGE Commission No,: 1242533 Manufacturer/Vendor No.: BCT4 Place of execution - Newport Beach Date - Jude 27, 2002 RDELITY WATIQ L TITLE COMPANY •scrXptiau: 0�8SSg�9,CA noC't�eut-Y88z.Dar_.in ?dA? a�r��eo n4..,�.- � _r ��•_-- • --•- - .. ... ... PO CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C �-��P �L/ FO RN/ March 19, 2002 Mr. Kurt Donat 503 32nd Street, Ste. 130 Newport Beach, CA 92663 Re: 2808 Lafayette Avenue Dear Kurt: In response to your letter dated 3/13/02, the process for construction of a new bulkhead begins with application at the Building Department. The City's Harbor Permit Policies would allow a bulkhead at that location to be built at or behind the U.S. Bulkhead Line. In addition to City approval, it also requires approval from the California Coastal Commission and the Army Corps of Engineers. The City has a blanket maintenance dredging permit for dredging around residential and commercial docks within the City of Newport Beach, however, the Rhine Wharf area where your property is located is excluded from that permit. My understanding is that the exclusion is a result of high levels of contaminates, not just at your property, but all around the Rhine Wharf area. That does not preclude you from getting a dredging permit, however, it does preclude you from using the City's blanket maintenance dredging permit. More information on that would have to be obtained from the local office of the EPA or the Regional Water Quality Control Board. Your proposed dock and bulkhead location could be approved by Harbor Resources from a conceptual point of view. If you have more questions or wish to discuss this further please contact me. Sincerely, Tony Melum, Director Division of Harbor Resources 3300 Newport Boulevard, Newport Beach CITY OF NE)XIPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 December 23, 1991 orange County Title Escrow 640 N. Tustin Ave., Ste 203 Santa Ana, CA 92705 Attn: Carol Sisley Sirs: Regarding a pier permit transfer for the property located at 2808 Lafayette, Newport Beach, City -.Pier Permit 0221-2808: The facility was inspected on December 20, 1991, at which time it was determined that it conforms to Marine Department requirements, When we have received -the transfer - card, signed by the previous owner and the new owner, and the $300 transfer fee, we will be able to transfer the pier permit. Sincnpely>, , /Tony M lumt Tidelands Administrator 3300 Newport Boulevard, Newport Beach ni ORANGE COAST TITLE COMPANY POST OFFICE BOX 11825 • SANTA ANA, CALIFORNIA 92711 TELEPHONE: (714) 558-0222 DATE ESCROW OR LOAN NUMBER 3/24/93 14611 12808 Lafayette, Newport Beach CITY OF NEWPORT BEACH Marine Department P.O. Box 1768 Newport Beach, California 92659-1768 ATTN: Tony Melum A3mtx Enclosed herewith is the dock transfer card executed by seller, Fainbarg and present owner of pruperty...Sumner ..... This should complete this transaction. thanks OCT -E-29 Carol Sinsley, Escrow Office DETACH AND RETAIN THIS STATEMENT w twgnrino Consulting & Design oral IAB � `l !U r70 h P 7 2 :F S 7 Marine Consulting iii Design Zydl, i�ZXw 7% 90 2 s P LG--: IN �- lZarreoio h ` /7 Si - foo �s�� � 2.717 2.79 �� 36„ X `7 ' 2 2,7 9 /�;? - /, 4 ' QRpF E S,9.1 No.£67 UC TURP FOE CAL%i Of D �3 �3 /27 11-77 /v7-9 9fll �I93 �l1 776- 7 q -J 7G7q-J 07 61 GOlt/ 1�1�00 z /7 t- /036 % F% . c q c( 76 /mss'/ Cc �5 G9 1.3 17-61-21- 42 91/ q3? qd Z, 2� 32 (T1 X732 - i5" 39 / 3 �Y l"L (v0 1066 t02 y 9g,q 2 616,o- 79-( f 71 l7 q6 7d St's 71� o xq z (r Q�pF SSlpyq a No. A7 � m TFOF CAt�FE�,.` ixo nn Consulting & Design , Sof 61 I� sar �III.& A'/l�ll 07 - _ & X/ S r G/a�v 1i✓// Y 14.5' 31,5 lo - --- VIEWED BY PUBLIC W AS DEPARTMENT NO EXCEPTIONS TAKEN BY ' _ - DATE WORK SHALL BE DOFF IN ACCORDAN E MTH THE CONSTRUCTION AND IS SUBJEC t` o CITY iNSO. ECTION 4W dW 4vr. hov$� "ItY.' ����Essrohq . %O M. Sltij�, �e L No. 867 rh �V Of m r I--1 U 1 1 — 12-3/8" -�- H 21- cir. to .d spiral P.w eo 3/4" �-- R -5/8M ohnmfor 'I rcnir R� �__----- 1 V • i^� 450 :hm:for HARBOR PRECAST COMPANY �+�:'�� e�► moi' �' LONG SEACV. CALIFORNIA gotta: PRESTRESSED CONCRETE PILES 12" SQUARE $_@aQks._ ot_cQn©nt_�or cubio _y_nrd 6000 psi_at 28 days L'oi----a -'- �•-p°i °t transfer pftE�T,ftF.�ltiCc ��EEJ�_— - l/2" -270K,_uncoeted stress fie]eved coven v re strand, C, 7,1TIL in. SI1#�ate_ etrongth -- 270'9si 1[nrkl.n�_Q tresA__---_�b2� 000—p e 1 TaO�laeQ__-- + 35,,M --Psi X11 in Initial. taxce_-F.e_r_ s�r�nd_----�o�so lbs Work4 stress- _ __ T 162_1000 _Vol Working xorce . Per _p trrmd__25,�J10 ltis Tp_te1 uo rki ng i'o rc e APPnoVCD DWG No. .VII" "n cn .! 3I / IN,$ 1.4411• - --'— -- -- -- '---'------'-- DpAkWN CH[CNtD D C 1 r' p I h T p N DATC Sc AI_[ _ APPnoVCD DWG No. .VII" "n cn .! 3I / IN,$ 1.4411• Mari -roes Consulting Design `� 29 Z7- X/S T/NG UOC/-,� V'`'- -� /4.5' 3/ 5 x/sr ro/le, ��cK - 2Cl'G /-SCG 3 CX/ST/NG hlL /wG REVIEWED BY PU�5yRRh {I{ e A i S B90 X74 a`�P I t k_ ( r i �C ' -a lr€�A }y }P A, �� I °'y$Fdc{f; `s R. FOR OFESSIp�y �o 9 -O sF {,t'Kk�t{��4{, Y aL."D L•.:' tS k :ni. iia : .� 6.% �L ¢ �{ y�P�f.,W Q goc„ X0.:867 � 0G A Y� ' ,� +r-4 8_j�Uks jpf_ cement_�oi oubio �axd o---� --61000_pei_at 28 Z0j_44 _Fei--At Aransfer PIWTBEWING .S1'EEk_— L/2" Adie_., 270K.. uncoated stress eyed _ecv0n strand, G ro7 L. eQ , in • III._ te__ atrength 2'70, 00�s i ---- - x .6 Whr3dxz-Atrels$__—162 000_psi. P.L - spiral Initi.al_�tx�ovL—_ .__._._ - 197090 pai • 1 P. m 3AN �-- n -5/8v, ahamfor four _r edges R • '� 1" � 45° :.hn. ;fir t,;,;,i�A,, tot• c bo t to: HARBOR PRECAST COMPANY LONG SEACk4. CALIFORNIA PRESTRESSED CONCRETE PILES 12" SQUARE DRAWN _D_[_0 C R 1 r T o N _ - BATF Ar At • ArrnovED DWG No. room HI• C(% .8 "M11.59 1.4A1 � • lUtial. Tone- -per_e�rand_��0��0_lbe forks stress_ — _ lb2jqqq psi — - - - - - -- -- -�15 in Irking f orce - per strand -__--25.3-10 lbe Total Ao.rki.ng,force __.. _ _._ 1-D.6G6lbs ....71.1._in2 L'if@ot1Ye_ pz•est;ese-�- ----�.._.-.���..�.Fsi HARBOR PRECAST COMPANY LONG SEACk4. CALIFORNIA PRESTRESSED CONCRETE PILES 12" SQUARE DRAWN _D_[_0 C R 1 r T o N _ - BATF Ar At • ArrnovED DWG No. room HI• C(% .8 "M11.59 1.4A1 � • m T 100"jui 1 all .4- aA VAri 00 Nr—,W A%lc;llvgo IN/7"H (hF% 4- a T� I rz --). � i vw F 7'Oi4-FT' 'A' 7 :03 V tell r2 7� 44 Gk — ---- - GHC. VA ;,I--- A.— 4-- Ab 'er.� -- 4- I I ' I KURT DONAT ARCHITECT 503 32nl Street, Suite 130 Newport Beach, CA 926613 949.675.8856 fax 675.1286 RHC COMMUNITIES. LAFAYETTE MIXED USE 2808 LAFAYETTE AVENUE NEWPORT BEACH CALIFORNIA 0 PROPOSED A3 7 X 0 r4g7-fj ;Z. 5r 7/q/ ' I KURT DONAT ARCHITECT 503 32nl Street, Suite 130 Newport Beach, CA 926613 949.675.8856 fax 675.1286 RHC COMMUNITIES. LAFAYETTE MIXED USE 2808 LAFAYETTE AVENUE NEWPORT BEACH CALIFORNIA 0 PROPOSED A3 m Ki4RT t,)JI"P�rl Al"172�CT E.A vro T rrvo Flo# 01040 -- -- -- ----- '4GLOWS Pop, 1/1-0 ri 0AlFl 16 t344-1 wItTff Pi I Ul r-70 -/P r-rsA," 6V KIA n. I /llr�. ('Y-) I 76P Stl=. 04=7 .77 7'77 F T -T 4414 + ry llvc-w ei4 -- ALIc'vvrzc vvmH (E) ADt/A A4L-,kL - 0 ria 01iavC_ 'I- �i 7i tk\ 6 re.0 7�y7r-o r -k -00A.- stc 0 coc> .5�/= 7, , KURT DONAT ARCHITECT 503 32 d Street, Suite 130 Newport, Beach, CA 92663 949.675.8856 fax 675.1286 RHC COMMUNITIES LAFAYETTE MIXED USE m 2808 LAFAYETTE AVENUE NEWPORT BEACH CALIFORNIA m PROPOSED A3 i�iJl1 WhLL,f A:. iURN TO: City Clerk 3300 Newport Boulevard Newport Beach, California Book 12055 Page 175 .,Official.records of Orange County 12;0.5 am Feb. 1, 1977 Instrument No. 1367 Npt. Bch Deed No. 1378 Space Above This'Line for Recorder's Use Only CONTINGENT OFFER FOR PUBLIC ACCESS This Contingent Offer for Public Access is made. into this 19 day of January—, 1977, by ED ZIEMER, an individual, hereinafter referred to as "Ziemer". W I T N E S S E T H: A. The Planning Commission of the City of Newport ' Beach on April 1, 1976, approved Use Permit No. 1779 and Resubdivision No. 513 related to the proposed office use on the property owned by Ziemer located at 2808 and 2810 Lafayette Avenue, City of Newport Beach, State of California, hereinafter referred to as "the property". B. As a condition of approval, Ziemer was required to offer to the City public access rights over a pier or wharf to be constructed and owned by Ziemer, extending across the entire bayside of the property bayward of the bulkhead line, which rights should become effective at the time the property or said pier or wharf become connected with adjacent property on either side of the property to form a continuous walkway. C. This Offer is intended to fulfill said conditions of approval of Use Permit No. 1779 and Resubdivision No. 513. THEREFORE, in consideration of the covenants and conditions herein' contained, and further good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Ziemer hereby: 1. Offers to the City, for the 'benefit of the general public, a non-exclusive right of access to and the right to use, but not to obstruct, the pier or wharf constructed across the entire bayside of the property, more particularly described as: Lots 5 and 6, Block 425, Lancaster's Addition to Newport Beach as shown on a map recorded in Book 5, Page 14, Miscellaneous Maps, Records of Orange County, State of California Said Offer shall automatically ripen into an.easement for public access.at such time as the parcel located immediately to the north and the parcel located immediately to the south. of the property become connected with the pier or wharf adjacent to the property by piers or wharfs or other similar structures to form a continuous walkway. City may, at its option, connect the pier or wharf adjacent to the property with piers or wharfs on the parcels to the north or south of the property to _form the above referenced continuous walkway. 2. This Offer shall be irrevocable by Ziemer for a period of twenty-five (25) years after the date of execution hereof. 3. Ziemer agrees to repair and keep ingood and safe condition, and free from obstructions, said pier or wharf adjacent to the property, at his sole cost and expense. • ED Z R STATE OF CALIFORNIA) ss: COUNTY OF ORANGE ) On January 19 1977, before me, the undersigned, a Notary Public in and for said state, personally appeared ED ZIEMER known to me to be the person whose naive is subscribed to -the within instrument and acknowledged to that he executed the same. WITNESS my hand and official seal. OFFICIAL SEAL Notary V, is xn and for sa/ State SALLY A. MC LARRY NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY V.T My comm. expires APR 16, 1979 MARINE DEPARTMENT April 12, 1976 ITEM NO.: H-13 (b) TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION #221-2808 BY ARCHI-TEKTON TO CONSTRUCT A'WHARF AND FLOAT AT 2808 LAFAYETTE AVENUE Recommendation If desired, approve Harbor Permit #221-280.8 subject to the approval of the U. S. Army Corps of Engineers and the following conditions suggested by staff: (1) The harbor permit holder maintain the intertidal zone beneath the proposed pile supported building and wharf free and clear of floating debris. (2) That commercial fire protection devices approved by the Fire Department, be installed for the proposed float. (3) That any electrical or domestic water supply to the float be approved by the Community Development Department® (4) That site grading be designed to direct water from the build- ing and parking area runoff toward the storm drain system. (5). That no portion of the building proposed for the uplands, including overhangs and stairs, be constructed bayward of the U. S. Bulkhead Line. (6) That adequate provisions be taken to insure that no debris, siltation or foreign material be permitted to enter the bay during demolition and construction, (7) That the shoreline under the building be designed so as to prevent any sluffing into the bay. This design to be approved by the City's Grading Engineer. (8) That Engineering calculation for the pilings supporting the proposed wharf and building be checked and approved by the Building Division of the Community Development Department; PAGE TWO APPLIC/�i4T; ARCHI-TEKTON, 2808 LAFAYETTE AVENUE (9) That the wharf or pier extend across the entire bayside of the property and that the owner grant an easement or enter into an agreement with the City to grant an easement for. public access. Said easement should only become effective at such time as this property is connected to. adjacent property to form a continuous walkway. Discussion This permit will provide for 1) the demolition of an existing pile supported wharf,.float and two story metal building and 2) the construction of a new wharf, float and three story commercial build- ing over the waters.of The Rhine Channel. The existing intertidal zone extends landward from the U. S. Bulkhead Line approximately 30 .feet. The adjoining properties on either side are bulkheaded approximately 25 feet behind the U. S. Bulkhead Line. The purpose of the pilings versus fill and bulkheading is for the retention of an intertidal zone. Both the California Department of Fish and Game and the U. S. Department of Interior, Bureau of Sport - fisheries and 'v4ildlife have indicated that they would object to any filling of the bay waters. However, both of these agencies have informally agreed to the pile supported concept. The City staff has no objections to this type of construction as long as the harbor permit holder maintains the area beneath the building so that it does not become a collection point for floating/sunken debris. The Planning. Commission at their April 1 meeting reviewed and approved the proposed project -Use Permit #1782. The Commission also certified a Negative Declaration after reviewing a report which concluded that Negative., no signifant impacts will occur and that the project may eliminate many pollutants that enter The Rhine from the existing use. Conditions 5, 6, and 9 listed above were placed on Use Permit #1782 by the Planning Commission. Condition #7 is suggested to insure proper slope design under the building to eliminate future siltation of The Rhine Channel at this site. D. HARSHBARGE R, ACTING DIRECTOR MARINE DEPARTMENT ,�-e �,. en '� Welden i Tidelands Operations Coordinator GEWe1f c,- �_..v� ° I I `-. d P - g�� Al eta state bta R%ILS NOVIZIPT': TH15 P41 �" d�n�s arc cxPresseJ do c�d {-e des b� w K UJt�4Z�A?' . dR' ascacarn _ a� ebltsecl iii it;s ft�r Ines � rk P 10 uPAIT H a• �, d+ Q �I� ddb -k- a _ LO G c Co N N O t N 4- L rC3 C to J •r N W O f.. 00 00 4- 00 a 00 N S. Z N =4z ai i 34�� 4--) r � S-. m U q o a 3 cr• � W 4- � O W cn rO 4- N N O N S. ro clio Z Q O � W �' N N o O a d L •r ro Cj' V N C z4- W 'o - O O U c W ro dt 4-) Z uCY) -4--A-4--A0 do O' N -o O � .�= P-- O m b a ro ro c Co N O a L U � CS 6l •r r0 'n 3 m m -0 O i m 4--) r � S-. m U q O a 3 cr• 0- +-) AA ,, �1./ ZC-4 00 3 S. n r N N O N S. Z Q O � ' 4-- .N rip ..O N O Z v 4-) L r M O U O r M . r•+S+ G Z uCY) -4--A-4--A0 do O' w ♦ d � O m b U E W W o. cc CD a r- T � /wi ii c Co M L N O CS 6l •r r0 'n N m -0 co > i C..)•r 4--) r S-. m q O -C N 0- +-) U 9- 3 S. ro •r N O N S. Z Q m rc 4-- .N +) O Z S. 0 !; r M d H uCY) ZQ O' E o. � ..: 6.31 Alr • I i162-•E�RMtT ' BUTTNER =, 1—�$M ('`�--' � t .• V 19 FEE CHECK NO. a , y� ; �DATIE erg, NS �D � - 11 MADE 70 TRAFER HARBOR PERMIT on guttn.er r$ BUYER*%.'/'AMEIS) f �/ aJgt / /►BOVE 11AMES TO BE'Etu ? 680�tyR`SIGNAYURE.QF BUYER EE EK wr A •tiii. �r br t �SJGNATURE:Oi BUY.ER`'. 7 , i 2 2000 24 1`1:63 L 3 26 &696ii' `� t JOINT marc 1 APP.uckrlON APP VED CITY HARBOR COORDINATOR M` SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUN IL IN ACCORDANCE, WITH TITLE pF THE MUNICIPAL 'CODE'. wx FORM.66.1013 is ✓, CITY OF' NEWPORT BEAH� CALiF. 1 DATE 10/15/85 �II 1 ❑ FIRE I, p SERV. MAYOR ED GENERAL ED TO: ❑ COUNCIL ❑ LIBRARY -�--z- 2 ❑ MANAGERC3MARINE �- ❑ ASST. TO MGR. ED C3 & REC. C3 EXEC. ASST. C3 PERSONNEL ❑ ATTORNEY ❑ PLANNING ❑ BUILDING ❑ POLICE ❑ CITY CLERKC3PUBLIC WORKS C3DATA PROCESS. ❑ PURCHASING ❑,.DUPLICATING ❑ TRAFFIC FINANCE ❑ UTILITIES FOR; ❑ ACTION &DISPOSITION ❑ FILE ❑ REVIEW EVIEW & COMMENT ION ❑' ❑ RETURN Buannual pier fee with Buttner is paying i REMARKS:. IS d• ur records their account is now paid and is clear. Other amounts s owing cue ki any were Incurre I i a� 1 FROM: STATUS SHEET HARBOR PERMIT TRANSFER LOCATION '2 - PERMIT NO. Z Z l Sel l er % Buyer„_ Date Appl icati'on Received: Date Fee Received. Request for Inspection made by: Escrow Co. Date Escrow Officer Escrow No. Address°, Pune: Date Inspection mado�-/ Deficient Letter sent: Deficiency Deficiency corrected: Transfer competed::« Date Inspection:. 1. Location 2. Plumbi ng: -hA / , +' 4. Structural:"- 5.OTHER: REMARKS: Inspected by: �`°IMERS' NAME(S) MAILING ADDRESS. PERMIT # 27- I DATE O ° �4 H a J �00 00 ►n �z 00 2a O a W ♦ ♦ ° F V pq W Ir w C w IITE, Z ° Z F Z ao 0 Ow w 0 U W Q) P4 4J v 44 w V4 00 0 00 N 3 0 U) -14 p a) U 4) 1J 4- (1) N U) a 4-4 o o o P4 �+ a P. +a "t Oa) �41 NO 4H O 4-4 3 ' S � i I is G4 'J 44 Cn1 1 �.1 4� •i �+ v 41 cc U 4-1 '0 o �! O 44 U), (DC 41 0 0 4-J4-1. 00 c v v u 1.0 o v 0; 14-4 Ln O R; r -I 4-1 ..G *tl {O(�Q) U w co U O l uW,0(3), c v CO � 4-4 W �� o ��r O4-) 00 ..0 U) N 4 a 4-1 r I P+ p 110 U H O U) Z �pq Q 4-4 O 4-3 o m ro ro r -i o v rq p v o " .0 p 0 3 w > -H Rj . y4 •� U " W % 'Li LH (1) Gl (1) U) ro U• �i x C,co W id U +J jZ: 41 N a LU 0 P�� October 3, 1979 Mr. Ed Ziemer 2808 Lafayette Avenue Newport Beach, CA 92663 Dear Mr. Ziemer; The Newport Beach Marine Department has received a complaint regarding the use of your float at 2808 Lafayette. Specifically, the complaint states that several vessels (CF 2436GH, CF 7864AX, and red catamaran) are moored in violation of the Newport Beach Harbor Permit Policies Section 21A which states: "Boats moored at private or public docks shall not extend beyond the projection of -the property lines of the property to which the dock facility is connected in accordance with Section 20-C." and Section 17.20.020 of the Newport Beach Municipal Code which states: "Vessel Tie-up Method. Every vessel lying at any pier in Newport Harbor shall be fastened thereto with such lines, at least from both bow and stern, and in such a manner as to assure the security of such vessel. No permit holder, holding a permit issued under the provisions of Chapter 17.24 of this Code shall permit or allow any vessel lying at any pier under the control of the permit holder to be fastened in a manner other than is required by this section. (Ord. 1722 & 2, 1977: Ord. 1090 (part), 1964: 1949 Code & 10301). To avoid further action by the Marine Department, these vessels must be relocated. Sincerely, Tony M um Harbor Inspector TM: mw City Hall - 3300 Newport Boulevard, Newport Beach, California 92663 July 31, 1978 Mr. Ed Zeimer 2810 Lafayette Ave. Newport Beach, CA 92663 Dear Mr. Zeimer: Recently the Marine Department's attention was directed towards a vessel moored at 2810 Lafayette Avenue. A surveillance of the vessel was performed by the Harbor Patrol to ascertain whether or not persons were living aboard the vessel. The Harbor Patrol concluded that a liveaboard situation does exist. Section 17.40.040 of the Newport Beach Municipal Code reads as follows: "HOUSEBOAT MARINA PERMIT REQUIRED. No person whall operate a houseboat marina or rent or hold out for rent any site or space for the location of a houseboat to be used or occupied for living quarters either permanently or on a temporary basis without having a current permit for such marina from the City Council." In as much as your current Harbor Permit does not provide for liveaboards, you are hereby notified to remove any and all live- aboards to bring your facility into compliance with your Harbor Penni t. Failure to do so will result in action by the City which could mean the removal and impounding of the vessel and revocation of your Harbor Permit. If you have any questions, please contact me at 640-2156. Sincere GYe"n E. lde den Tidelands Administrator Marine Department GEW: I I City Hall s 3300 Newport Boulevard, Newport Beach, California 92663 ORANGE COUNTY HARBOR PATROL 1901 BAYSIDE DRIVE NEWPORT BEACH, CALIFORNIA INCIDENT REPORT TYPE OF REPORT I ASS(S i A EtJP02 i /IAIZIx1E DEPT. 236rrr t JA7G1-/ DATE -TIME REPORTED 7- IS- 7g 1 2 INFORMANT �( \J cz LVJp� 6v") //,�� ADDRESS CITY. PHONE 3 w V •`' 4 5 VICTIM OR VIOLATOR ADDRESS CITY PHONE 6 7 6 BOAT NUMBER LENGTH TYPE MAKE VALUE LOCATION 9 :OAT.NAME 111 12 13 14 15 BOAT OWNER ADDRESS CITY PHONE 16 17 'is 19 E�, I,UFL�1) DF TP E 11/,FWP6PT SE/�GH by o u L_ b i- (K I -F H E_ 1\116 4/T 4) A TG A/ Sl} T OG C� 14 E c R FA 7T f --d S E E h1c, 17 &017 /S SECv EL 7-6 H€ oct� lq'SCC07,91AJ 10 n L) o PJ. _F P E 41EGS TIV E LC_ 7=-' �r - P ,� E -'- - 0 VeSS 9 L RLAQX om e L i s RT c) t,,lt - K I N N I RG"3-I SG DDATE ESTOOTHER OTHER REPORT NO. CZICE j%, ��(y�COPI (- ZI-(V P.D. F.D. L.G. C.G.RECEIVING CALL CDRv)ELL OFFICERASSIGNED UNIT I TIME 1 H.D. REPORT NO. 7-//0 ® F0680-9.1 (8/76) ORANGE COUAITY HARBOR DISTRlff 1901 BAYSIDE DRIVE NEWPORT BEACH, CALIFORNIA SUPPLEMENTAL REPORT TYPE OF ADDITIONAL INFORMATION 02-11 I lz SPLCO-N DEPARTMENT OF THE ARMY' LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES, CALIFORNIA 90053 n i1r. Ed Ziemer Lafayette *urine Commercial Building 2808/10 Lafayette Street Newport Beach, California 92663 t t -I o - 1!;11 1,, f 11 November 1976.., I Dear Mr. Ziemer: Reference is made to your request of 13 May 1976 (76-111). Upon the recommendation of the Chief of Engineers and under the provisions of Section 10 of the River and F�arbor Act of Yarch 3, 1899 (33 U.S.C. 403), you are hereby authorized by the Secretary of the Army to -construct a commercial building approximately floatfeet whichbeyond extends approximatelybulkhead. Also to. construct a deck, ramp and 11 feet bayward of the property line, in Newport Bay, Pacific Ocean, at 2808 and 2810 Lafayette Avenue, (Lancaster Addition Tract, Block 425, Lot 5 and 6), in the City of Newport Beach, County of Orange, California, as shown on the attached drawings and subject to the attached conditions (a) through Notice of thelcorrmencement of the activity must reach this office e S da s before the activity actualllly starts P ease use lepthe inclosed forms. BY AUTHORITY OF THE SECRETARY OF TH 1 Incl ROBERT H. REINEN Work Status Forms (dupe) LTC, CE Acting District Engineer CF: Navigation Br RECEN 0) 310V 2 z1 113' y^ F F ��pytlgN Qc �., 1 A01 0 z _ z S' 1 Es �' ,776.%g1 . COUNCILMEN ROLL CALL �► * �M October 26, 1976 INDEX ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from the Little Balboa Island Property Illegal. Owners Association was presented regarding the Units approval of Modification No. 1084 at 214 Grand Canal in connection with the wording of present regulations which precludes the elimination at the plan check stage of buildings easily convertible to illegal rental units. Charles Rumbold, President of the Little Balboa Island Property Owners Association,addressed the Council regarding the inability to catch possible illegal units in the plan check process. Motion The matter was referred to staff for reply. Ayes K x x x 2. A report was presented from the Community Develop- HUD ment Department regarding the Senior Citizen Center Plan and the Third Year Community Development Block Grant Program. Motion x A public hearing was set for November 8, 1976 on Ayes K x x x X 2 2 the Third Year Community Development Block Grant Program and the Final Plan for the 'Senior Citizen Center. Mayor Pro Tem Barrett stepped down from, the Council,table due to a possible conflict of interest on the next two items. 3. Resolution No. 8923, accepting a Grant Deed from Corporatic Motion x the Estate of Louis R. Benny for property at Yard. Ayes C K x x I y Superior and Industrial Way, City of Costa Mesa, R-8923°" Abstain x was adopted. 4. A report was presented from the Marine Department Harbor'""(� regarding Harbor Permit Applications, Permits,,, 4221-2814 of Ted Cook to revise an existing float' and to relocate another existing float at 2814 Lafayette Avenue. Motion x Harbor Permit Applications 4221-2808 and 221-2814 Ayes K x x x X 2 were approved, subject to approval of the U. S. Abstain x Army Corps of Engineers. Mayor Pro Tem Barrett resumed his seat at the Council table. 5.Letters from the West Newport Beach Improvement Noise Association were presented requesting an ordinance restricting noise levels and requesting that the ordinance pertaining to transient occupancy be amended to include a requirement for informational pamphlets to be distributed in connection with rental contracts. Volume 30 - Page 264 n August 25, 1976. INFORMATION MEMO Re: Lafayette Marine Commercial #7533 To Job Fi Ie From: Ed Kaneshiro Subject: Over-the=Counter meeting he"Id"thi's .date with Mr.. Glen E., We- Ude,n, Tidelands Operations Coord 1 nato,r, C] ty, of Newport Beach . I.0 Information i . I A reta i n"i ng wa 1'1 (or s i mflar structure " - ` not a,- "bulkhead) -b6 1:'khea:81) must be installed as a'means of preventing sluflfing into the Bay". 1.2 The existing topography of that.port1on"of property Linder water, mwst be ;shown= on,,,drawings before" the u project is approved. (Topo to indicate that no stuffing into Bay wi`11 occur). 3.;0 Action 3.1 Verify with City Grading Engineer if requirement for item i 1.2 above. is necessary (additional cost of surveying).`; ' ACTION:" AR TEKTON, °110.' y � 1 JEEK: rg Copy to: AGI"en Wel,de'n, City of Newport Beach II ARCH I +TEKTON, :INC., 359 San M.igue'l Dr. Suite 3Q3 Newport beach, CA 92660 COMMISSIONERS CIT' OF N EWPORT BEACH { A 3 MINUTES z April 1 ; 1976 ROLL cne INDEX Commissioner Agee agreed with the suggestion and had no objections t -o inc,l.ud_ing a condition which would limit the usage as outlined by the applicant, Amende therefore, he amended 'his motion to ad.d the follow - Motion ing condition: 11. That the operation of the club shall be _. _. limited to the following yearly 'schedule as presented to the Planning Commission: NUMBER OF TIVITIES DAY OF THE WEEK TIME 6 Friday Night 7:30 PM to 10:00 PM 12 Saturday Night 5:00 PM to 11:GO PM 2 Saturday Day 8:00 AM to -1::00 PM 1 Sunday Night 6:00 PM;to 8:00 PM Regular: Board Thur ay Night 7.00 .PM to 10:00 PM Meetings Commissioner Parker com nted that denial of the request would discouragerther efforts to up- grade the area, however, on he other hand,: approval would only further i act the area. Commissioner Seely commented that hat -works -to the benefit of one applicant, may wo k to the detriment of another, and felt there s.a need ". for a specific area plan or a parking d1 trict. Ayes X X X Following discussion, the motion as amended s Noes X X voted on and.carried. Absent X X Commissioner Frederickson returned to the dais. Items No. 3 and 4 were heard concurrently because of their relationship, however, separate actions were taken on each item. * * Item. #3 Request to permit the construction.of a commercial USE building in the M-1. District that exceeds the basicPERMIT height limit within the 26/35 Foot Height Limita- 40. 178 tion District and the acceptance of an environ- mental 'document. The proposal also includes a 'PPROVE[ CONDI- Page 6. TIONALLI COMMISSiONERS CITY OF NEWP RT BEACH D2 tmtl M D { MINUTES Apri 1 1 , 1976 INDEX toil CALL modification from the required parking standards in conjunction with the required size of the park- ing spaces es and aisle width. Location: Lots 5 and 6, `Block 425, Lancaster's Addition to Newport Beach,located at 2808 and 2810 Lafayette Avenue, on the easterly side'of Lafayette Avenue between 29th Street and Villa Way in "Cannery Village." Zone: M-1 Applicant: Archi-Tekton, Inc. (William. C. a et), Newport Beach C1p Owner: Ed Ziemer, Newport Beach. Item #4' Request -to establish one building site and elimi- ESUB- nate an interior lot line where two lots. now exist ION l3' so as to permit the construction of a commercial rPPROVEI building on the property. Location: Lots 5 and 6, Block 425, Lancaster's- Addition to Newport Beach, located. IONALL' at 2808 and '2810 Lafayette Avenue, on the easterly side .of Lafayette Avenue between 29th Street and Villa Way in "Cannery Village." Zone: M-1 Applicant: Archi-Tekton Inc. (William C. Clapet), Newport Beach Owner: Ed Ziemer, Newport Beach Engineer: RGB Engineering, Inc., South, Laguna I, I Community Development Director Hogan advised of two. minor revisions which should be made to the recommended conditions.as follows: 1. Add '°except as specifically approved by the harbor permit" to Condition No. (e).. Page 7. _ v COMMISSIONERS (' CITY ' OF N EWPORT BEACH D N o m �► m r m m e m v A m 0 a r r { A 3 MINUTES � N N , ROLL CALL -Z A ri 1 1 , 1976 INDEX findings be made in connection with Use Permit No. 1782: 1. That the proposed project is consistent with I the General Plan and surrounding land uses. I 2. That the proposed project conforms to the four criteria for exceeding the basic height limit. 3. That the proposed project conforms to the standards applicable to site plan review. 4. That the proposed parking is adequate and that the requested modification in the design of the parking area is acceptable. 5. The approval of Use Permit No. 1782 will not, under the circumstances of this case be detri- mental to the health, safety, peace, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhopd or the general welfare of the City. and that Use Permit No. 1782 be approved, subject to the following conditions: 1." That the project substantially conform to the plans as submitted. 2. That the uses permitted within the project be limited to: a. Marine -oriented offices such as yacht_ brokers, marine surveyors, and marine designers. b. Marine -oriented retail uses. c. Professional service offices. 3. That a harbor permit be obtained. 4. That adequate provisions be taken to insure that nodebris, siltation or foreign material be permitted to enter the bay during demolition and construction. 5. That no portion of the proposed" building including overhangs and stairs be constructed" bayward of the U. S. Bulkhead Line except as Page 9. i e i s cOiwiMISSIONERS CTY OF NEWPORT BEACH MINUTES SOApril Izoii cA1, 1976 INDEX specifically approved by the harbor permit. 6. That the pier or wharf extend across the entire bayside of the property and that the owner grant an easement or enter into an agreement with the City to grant an easement for public access. Said easement.or agreement shall only become effective at such time as this property is connected to adjacent property to form a continuous walkway. 7. All signs shall be reviewed and approved by the Director of Community Development. Motion X Motion was made that Planning Commission make, the Ayes X X X X X X following findings in connection with Resubdivision Absent X No. 513: 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed subdivision is consistent wi.th applicable general and specific plans. 3. That the site is physically suitable for the type of development proposed. 4. That the site is physically suitable for the proposed density of development.: 5. That the design of the subdivision or the pro- posed improvements will not cause substantial environmental damamge or substantially and avoidably injure fish or wildlife or their habitat and a Negative Declaration has been prepared and certified. 6. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 7. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 8. ..That the discharge of waste from 'the proposed subdivision will not result in or add to any ' Page 10. cOMMISSiONERS D� m x d vA x.f r rm{11 M 3 � N t ROLL CALL 12 e• . CITY OF NEWPORT BEACH MINUTES April 1, 1976 iNDEX violation of existing requirements prescribed by a California Regional water Quality Control Board pursuant to Division 7 (commencing with Section 1300) of the Water Code. and approve Resubdivision No., 513, subject to the following conditions: 1. That a parcel map be filed. 2. That all public improvements be constructed as required by,ordinance and the Public Works Department. 3. That the water and sewer connections ions to serve the new parcel be made in a manner satisfactory to the Public Works Department. 4. That standard curb and gutter and sidewalk be constructed along Lafayette Avenue. Request to amend Chapter' 20.30 of the Newport AMENDME Beach Municipal Code (formerly Chapter 20.38 NO. 463 N.B.M.C.) as it pertains to the parking require - men for office buildings based on the size of APPROVE; the parking pool. Initiated by: The Irvine Company, Newport Beach Pub 'c hearing was opened in 'connection with this matter. an e ared con with The Irvine Company pp Ron Hendri Y a before the Co ission to review the previous discussions on t 's matter and the basic reason for the request. concurred with the wording of thep ropposed amen nt as stated in the staff report dated March 26, 76. Community Development Direct Hogan commented that the proposed amendment wo d ailow an appli- cant to apply for a change in par ing standards, through the use permit procedure,`w re an office development contained over 425,000 sq`.`` t, and parking was in one central location. There being no others desiring to appear and heard, the public. hearing was closed. Page.11.' l�'IPPi W4��� ENGINEER: RGB Engineering, Inc., South Laguna Application This application proposes to eliminate an existing lot line and combine two lots into one building site so as to permit the construc- tion of a commercial building on the property. Section 20.87.090 of the Newport Beach Municipal Code provides that where a building site is comprised of more than one subdivided lot, or fraction thereof, a resubdivision is required when new construction or alterations to existing structures in excess of $5,000.00 is proposed in any one year period. Resubdivision procedures are outlined in Section 19.12.040 of the Newport Beach Municipal Code. Environmental Significance After an initial study, it has been determined that this project will. not have any significant environmental impact, and a negative declara- tion has been prepared and is attached to Use Permit Application No. 1782, Item No. 3 on the Planning Commission agenda. Conformance with General Plan The Land Use Element of the General Plan designates the site for "Recreational and Marine Commercial" and "General Industrial" uses. The proposed development will comply with the General Plan provided that office uses are limited to marine -oriented activities and offices providing a professional service. Subject Property and Surrounding Land Use The "Newport Marine Engine Works" building and an open storage -work area are located on the subject property. The existing two story facility will be removed in conjunction with the proposed development on the site. To the north, is a vacant lot and a vacant one story building which are proposed to be used by the Voyagers Yacht Club (i.e. Use Permit No. 1779 - Item No. 2 on the Planning Commission agenda). To the east, across "The Rhine," is the Lido Peninsula; to the south, is a one story marine contractor's office; and to the west, across Lafayette Avenue, are a marine surveyors building and handicraft shops. Ttam Nn- _ a Planning Commission Meeting. April 1,`1976 Item No. 4 CITY OF NEWPORT BEACH March 26, 1976 TO: Planning Commission FROM: Department of Community Development SUBJECT: Resubdivision No. 513 (Public Hearing) Request to establish one building site and eliminate an interior lot line where two lots now exist so as to permit the construction of a commercial building on the property. LOCATION: Lots 5 and 6, Block 425, Lancaster's Addition to Newport Beach, located at 2808 and 2810 Lafayette Avenue, on the easterly side of Lafayette Avenue between 29th Street and Villa Way in "Cannery Village." ZONE: M-1 APPLICANT: Archi-Tekton, Inc. (William C. Clapet), Newport Beach OWNER: Ed Ziemer, Newport Beach ENGINEER: RGB Engineering, Inc., South Laguna Application This application proposes to eliminate an existing lot line and combine two lots into one building site so as to permit the construc- tion of a commercial building on the property. Section 20.87.090 of the Newport Beach Municipal Code provides that where a building site is comprised of more than one subdivided lot, or fraction thereof, a resubdivision is required when new construction or alterations to existing structures in excess of $5,000.00 is proposed in any one year period. Resubdivision procedures are outlined in Section 19.12.040 of the Newport Beach Municipal Code. Environmental Significance After an initial study, it has been determined that this project will. not have any significant environmental impact, and a negative declara- tion has been prepared and is attached to Use Permit Application No. 1782, Item No. 3 on the Planning Commission agenda. Conformance with General Plan The Land Use Element of the General Plan designates the site for "Recreational and Marine Commercial" and "General Industrial" uses. The proposed development will comply with the General Plan provided that office uses are limited to marine -oriented activities and offices providing a professional service. Subject Property and Surrounding Land Use The "Newport Marine Engine Works" building and an open storage -work area are located on the subject property. The existing two story facility will be removed in conjunction with the proposed development on the site. To the north, is a vacant lot and a vacant one story building which are proposed to be used by the Voyagers Yacht Club (i.e. Use Permit No. 1779 - Item No. 2 on the Planning Commission agenda). To the east, across "The Rhine," is the Lido Peninsula; to the south, is a one story marine contractor's office; and to the west, across Lafayette Avenue, are a marine surveyors building and handicraft shops. Ttam Nn- _ a T0: Planning Commission - 2. Analysis The applicant proposes to construct a commercial building on the pro- perty in question. Details of the proposed development are discussed in conjunction with Use Permit No. 1782, Item No. 3 on the Planning Commission agenda. Since the proposed commercial building and related offstreet parking spaces will be developed over the common property line between Lot 5 and Lot 6, Block 425 of Lancaster's Addition to Newport Beach, and the proposed construction will be in excess of $5,000.00 a resubdivision is necessary to eliminate the interior property line and combine the par els into one building site. The subject parcel will have an area of f6,000 sq. ft. Specific Findings and Recommendation Section 66473.5 of the Subdivision Map Act provides that no local agency shall approve a map unless the legislative body (in this case the Advisory Agency) shall find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and the proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in such a plan. Staff recommends approval of Resubdivision No. 513 and suggests` that the Planning Commission make the following findings in conjunc- tion with the applicant's request: 1. That the proposed map is consistent with applicable general' and specific plans. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development proposed. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improve- ments will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat and a Negative. Declaration has been prepared and certified. 6. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems;. 7. That the design of the subdivision or the proposed improve- ments will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 8. That the discharge of waste from the proposed subdivision will not result in or add to any violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 1300) of the Water Code. Approval of Resubdivision No. 513 is therefore recommended, subject to the following conditions: 1. That a parcel map be filed. 2. That all public improvements be constructed as required by ordinance and the Public Works Department. Item No. 4 TO: Planning Commission - 3. 3. That the water and sewer connections to serve the new parcel be made in a manner satisfactory to the Public Works Department. 4. That standard curb and gutter and sidewalk be constructed along Lafayette Avenue. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By VjL' 'e. William R. Laycock, Senior Planner WRL/sh Attachments: Vicinity Map Tentative Parcel Map Item No.—4 —57_-Z' IVA,- A10. os C.0 -Z C-2 cloo 3/ST q o $r M-1 FEI�c M-1 30TH 4- m =-, Sl'_ M-1 ad _c 29TN L !L P -C < M C-1 M-1 (71 P_ C 0 C' \X C, P C C, le4 0. X \\ //� IV_E WP ORT B.- LOT 22ALL 314 TMPD 21 LAN. ADD TD COQ o'MNED mpEm WESTsft, sI --EN 1— STS Pro . 0r)_:vvpczT (3Lj- Ti A' STS E a ID--) � TN. %t�T� A- WEST BY 'T11C 09 , '0 C -11E S, 6Y o r Ll. I AND vr t,EW F C POR? C-8fVEL DMENT _2 ANG M_ I W P_G EE MAP A10 9 DISTRICTING MAP NF\A/PC)PT REACH - CALIFORNIA 1RESO'B'DIVI-SION NOB* 513 ORD. NO, 935 DEC- V15, 1250 FEET OF mo aca wo eoo DISTRICTING MAP NF\A/PC)PT REACH - CALIFORNIA 1RESO'B'DIVI-SION NOB* 513 ORD. NO, 935 DEC- V15, 1250 WX FORM 66.1013 REI f° M d M x4 q`f k M WX FORM 66.10171 REQ ADDRESS OF PROPO$ED,FACILITY PERMIT S NAMEXf FEE � ..CHECK -NO. � DATE _ . MAILING ADDRESS - ... LD T� APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO APPROVED BY: lxe. .e OCHD AT THE AB ry L- 'kar,ssw rnQ '�' OVE LOCATION�INAO�OORN�pCE ❑ WITH THE CITY ,OF ENGR "" ❑ NEWPORT BEACH'PERMITT POLICIES AND THE ATTACHED DRAWING O ❑ BY marine,Consulting Design COMPANY COUNCIL 11/10/95 w� PUBLIC WORKS DATED 12,05/95 . DEPT �,", ❑. DATE � /' 1;,." ,�p,�ry 4. ESCROW ,1 . ,. ` (/ ' e i is 5 ieiiden 4 'r 4sr C. SIG R'" INSPECTION^ I SPECIAL CONDITIONS: EACH, CALIF. WX FORM 68.1010 CITY OF NEWPORT BIII J_ -10 t}gg 16. TOlok t� 6Blic61 53L m Lar. 10, ck 7— ML WSAA V_TC_l n ITY : SKF -TC fi� � T N IP ":_ �''.. l�k g 5ourn.�in�s OM -C .expssed- , of w t�'ter t l o,K 4� : axir�csm .tide u�ox t'n�'�io-�c �-• 4}cz+t - liq�es . ,� AI;'e cs-K1�ijishe� 'tip► �i5 sec�iQ•yi o� �'I;e1+�=�t�• -Nor-iC Xual tT *� : �---r- �' �� ,I mss, rl3 I 10IN EXI Kidd: He4=��-- _ - - _ ---- qq zol- f �' clinr OF 110,0011,2PORT o"IT"Acil �Yc) � , IME"FRN1097 77 SEE ATTACHED SHLI:T id S Oc- 4i 1-;z -16 M / w COUNCILMEN 0 3�'< v �o o1 �� aG W Z�'A 0 Oy 1 ROLL CALL 00% y %P April 12, 1976 '�Z MINUTES INDEX The following, harbor permit applications were approved, Harbor subject to the conditions recommended by the staff: Permits (a) Applicatio 143-26 of G. T. Pfleger to relocate an existing groin at 426 Harbor Island. (Report from the Marine Department) (b) Application #221-2508 of Archi-Tekton, Inc. to construct a wharf and float at 2808 Lafayette Avenue. (Report from the Marine Department) 13. The request from the Chief of Police to purchase a I Utility utility van instead of a four -door sedan was approved. Van (Report from the City Manager) 14. The expense account of Vice Mayor Dostal for attend- ance at the National League of Cities Environmental Quality Control meeting and the Legislative Conference in Washington, D. C. on March 13 through 16, 1976 was approved. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A Notice of Deadline for Submission of Conflict of Conflict Interest Codes to the Fair Political Practices Interest: Commission an or before October 10, 1976 was referred Motion x to staff, with direction that it be sent to the Ayes x x x x Procedural Ethics Committee before coming back to Council. i 2. A letter to Mayor. McInnis from the Department of Proclama- Housing and Urban Development was presented requesting tion/ that the Mayor proclaim April as Fair Housing Month Request and publicize the Fair Housing Law in speeches and other official releases in City government. Councilman Kuehn made a motion for the Mayor to honor the request from the Department of Housing and Urban Development and proclaim Aril as Fair Housing Month and publicize the Fair Housing Law in speeches and Motion x other official releases in City government since it Ayes ;x is a law of the State, which motion failed to Noes x x x carry. i Motion x Councilman Rogers made a motion that the letter be Ayes X K x x x x x referred to the Acting City Clerk for filing and inclusion in the records, which motion carried. 3. A report was presented from the Community Development Historicc Department regarding Planning Commission Amendment District No. 465 requesting an amendment to Municipal Code to add a Historical Combining District. March 26, 1976 TO: FROM: SUBJECT: Planning Commission Meeting April 1, 1976 Item No 3 CITY OF NEWPORT BEACH Planning Commission Department of Community Development Use Permit No. 1782 (Public Hearin Request to permit the construction of a commercial building in the M-1 District that exceeds the basic height limit within the 26/35 Foot Height Limitation District and the acceptance of an environmental docu- ment. The proposal also includes a modification from the required parking standards in conjunction with the required size of the parking spaces and aislle width. LOCATION: Lots 5 and 6, Block 425, Lancaster's Addition to Newport Beach, located at 2808 and 2810 Lafayette Avenue, on the easterly side of Lafayette Avenue between 29th Street and Villa Way in "Cannery Village." ZONE: M-1 APPLICANT: Archi-Tekton, Inc. (William C. Clapet), Newport Beach OWNER: Ed Ziemer, Newport Beach Application This application includes a number of specific requests. as follows: hese are 1. The construction of a commercial building in the M-1 District. 2. The construction of a structure which exceeds the basic height limit in the 26/35 Foot Height Limitation District. 3. A minor modification of the required dimension of the parking layout. 4. Site Plan Review. (Note: this requirement applies in general to any proposed development within a Specific Area Plan area. In this case, this requirement is identical to the review of the Use Permit application for a commercial building in the M-1 District.) 5. Certification of a negative declaration. Subject Property and Surroundinq Land Use The "Newport Marine Engine Works" building and an open storage -work area are located on the subject property. The existing two story facility will be removed in conjunction with the proposed development on the site. To the north, is a vacant lot and a vacant one story building which are proposed to be used by the Voyagers Yacht Club (i.e. Use Permit No. 1779 Item No. 2 on the Planning Commission agenda). To the east, across "The Rhine," is the Lido Peninsula; to the south, is a one story marine contractor's office; and to the west, across Lafayette Avenue, are a marine surveyors building and handicraft shops. Project Description The applicant proposes to remove the existing use and construct a new three level commercial structure. The proposed structure will have the following characteristics: Item No. 3 T0: Planning Commission - 2. 1st Level: 2nd Level: 3rd Level: Total Floor Area: Parking Required: Parking Provided: Height District: Proposed height: 20 parking spaces and a boat dock Pedestrian deck and 2,680 sq.ft. of floor area 2,260 sq. ft. of floor area 4,940 sq. ft. 20 Spaces 20 Spaces 26/35 Feet (measured to average height) 30' to average height, 33' to ridge Materials: Weathered tin and wood. Wherever possible, material from existing building will be re -used. Environmental Siqnificance After an initial study, it has been determined that this project will not have any significant environmental impact, and a negative declara- tion eClaration has been prepared and is attached. (Note: The material presented in this report constitutes the initial study.) Conformance with General Plan This site is designated "Recreational and Marine Commercial and "General Industry" and is also located within the Cannery Village Specific Area Plan area. The Land Use Element of the General Plan describes this area as follows: Cannery Village and McFadden Square: The "Cannery Village industrial, marine service, and specialty shop area and the "McFadden Square" area has been designated as a mixture of Recreation and Marine Commercial" and Industrial land use. This area shall be preserved and enhanced by: (1) prohibiting the encroachment of separate residential uses; (2) developing a "specific area plan" to resolve existing orientation,, access, and parking problems, and improve the visual environment; and (3) development of a plan and program to preserve the marine repair and service uses in the Cannery Village area. The applicant proposes to use the development for marine -oriented offices (yacht brokers, marine architects, marine interiors,etc.) and professional service offices. The staff is of the opinion that the proposed project is consistent with the Recreational and Marine Commercial and Industrial designations and is not inconsistent with the specific comments noted above. It should be noted that although the existing marine repair facility will be removed, it will be replaced by uses which cater to the marine industry. Analysis. 1. Basic Land Use. As noted above, the applicant proposes to use this project for marine -oriented uses. In order to ensure that the project is limited to these uses, the staff is recommending a condition of approval which would preclude general office uses. 2. Height. This project is located in the 26/35 Foot Height Limita- tion District. Thus the basic height limit is 26 feet (measured to the average height of the roof; the ridge line can exceed this by a maximum of 5 feet.) The Planning Commission may, by Use Permit, approve structures up to 35 Feet (measured to the average. height of the roof; the ridge may exceed this by 5 Feet). However, in order to approve, a use permit, the Planning Commission must find that the following four points have been met: Lt.em No.. ..3 __ TO: Planning Commission - 3. a. The increased building height would result in more public visual open space and views than is required by the basic height limit in any zone. Particular attention shall be given to the location of the structure on the lot, the percentage of ground cover, and the treatment of all setback and open areas. b. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone. c. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces.' Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. d. The structure shall have no more floor area than could have been achieved without the Use Permit. The applicant proposes to build three commercial elements above the parking level. One of these will be two stories (one level above the parking) and two will be three stories (two levels above the parking). The heights of the project are as follows: Parking Level: At grade Pedestrian deck level: 9 feet 2 story element: 20 feet to average height, 23 feet to ridge 3 story element: 30 feet to average height, 33,feet to ridge Thus the two three-story elements would exceed the basic height limit. The following analysis discusses this project in terms of the criteria listed above: a. Public access and views. The project will provide a`'limited view through the parking level, and will provide visual access to the bay from the 2nd level pedestrian deck. In addition, the staff is recommending that the boat dock be extended across the entire width of the lot so that it may be possible to connect a walkway to adjacent properties in the future. While this project is not providing clear and unobstructed views from the sidewalk level, the design does provide and allow considerable opportunities for views from the second level. b. Improved architectural treatment. The increased height permits the office space to be broken up into three separate areas with open spaces at the second level. This appears to be more desirable than a design which wouldconcentrate all of the floor area on the second level. C. Scale of building. The existing buildings in this area range from 15' to 25' in height (with a few exceptions, such as the Cannery Restaurant which is approximately 35' high.) They range in width from 20' to 60'. The parking level of the proposed project will be 60' wide, but will be partially open. The three office "structures" above are each relatively small, with the two facing Lafayette each being 20 feet wide. This will provide open areas which will help break up the visual mass of the structure. d. Floor area. The total floor area will be limited to 5,000 sq. ft. The M-1 District permits a floor area excluding parking of three times the area of the site. This site is 6,000 sq. ft. and thus in theory would permit 18,000 sq. ft. of floor area. Item No. 3 T0: Planning Commission -. 4. 3. Parking. The total floor area is approximately 4,940 sq. ft.` which would require 20 spaces at 1 space per 250 sq..ft. of floor area. This appears to be adequate although the Police Department has commented on the general shortage or parking in the area which. is created by many uses which are either nonconforming or are not required to provide parking. The applicant has requested a minor modification to the normal parking dimensions, in that he proposes to provide 9'3" wide stalls with a 23' aisle. The normal City standards are: 8'6" stalls with 26' aisles 9' stalls with 24' aisles The reasoning behind these dimensions is that if the spaces become wider as the aisle becomes narrower, cars are still able to maneuver in and out of the stalls. While the City :of Newport Beach only has the two standards, many cities have a sliding scale which permit a range of stall and aisle widths. Both the Community Development staff and the Traffic Engineer concur that the 9'3" stalls with a 23' aisle are adequate. (It should be noted that the Traffic Engineer has sugge,sted to the 'architect,` that additional stall width would be desirable adjacent to the columns, and the architect has indicated that he will be able to add a couple of inches to those stalls. The Traffic Engineer will review the plan when final working drawings are completed.) 4. Water Quality and Marine Life. The existing building is built out to the bulkhead line, and extends further out than many of the adjacent buildings on the Rhine. The applicant proposes to build out to the bulkhead line. He has agreed to put the building on pilings rather than construct a bulkhead. The applicant has had a report prepared which analyzes the existing water quality and marine life adjacent to this site, ' and which assesses the potential impacts of this project. This` report, which is attached, concludes that this project will have no significant impacts, and may help eliminate many of the pollutants which currently enter the bay from the existing use. The project has been designed so that it will drain to Lafayette Avenue. Site Plan Review The Municipal Code requires site plan review for a project within a Specific Area Plan area for which a plan has not yet been prepared or approved. In this particular case, this requirement is somewhat redundant because of the use permit requirement. However, the Site Plan Review ordinance contains a list of standards which where applicable, should be considered. These standards are follows: 1. To ensure that sites subject to Site Plan Review under the provisions of this chapter are graded and developed with due regard for the aesthetic qualities of the natural terrain, harbor, and landscape, and that trees and shrubs are not indiscriminately destroyed; 2. To ensure that buildings, structures and signs are properly related to their sites and are in keeping with the character of the neighborhood and surrounding sites and are not detrimental to the orderly and harmonious development of their surroundings and of the City; 3. To ensure that open spaces, parking areas, pedestrian walks, illumination and landscaping (including sufficient irrigation facilities) are adequately related to the site and are arranged to achieve a safe, efficient and harmonious development, to accomplish the objectives as set forth in this Chapter; Item No. 3 T0: Planning Commission - 5. 4. To ensure that sites are developed to achieve a harmonious relationship with existing and proposed adjoining developments; 5. To ensure, when feasible, effective concealment of electrical. and similar mechanical equipment and trash and storage areas'; 6. The Site Plan Review process shall endeavor to ensure that proposed improvements will not impair the desirability of investment or occupancy nearby; and originality in site, planning and landscaping shall not be suppressed; 7. To ensure that the site plan and layout of the 'buildings, parking areas, pedestrian and vehicular access ways, and other site features gives proper consideration to the func- tional aspects of the site development; 8. To ensure that the proposed development is in keeping with the desired character of the Specific Area Plan area as identified by the General Plan. 9. To ensure that the proposed development is consistent` with the General Plan policies; and 10. To ensure that the -proposed development will not preclude the attainment of the Specific Area Plan objectives stated in the Land Use Element of the General Plan. The staff has reviewed these standards, and is of the opinion that the proposed project complies with them. Conclusion and Recommendation The proposed project represents a significant redevelopment within the Cannery Village area. The staff is of the opinion that the pro- posed uses are consistent with the General Plan and with the "spirit" of what we anticipate will be expressed in the formulation of the Specific Area Plan for Cannery Village. The staff is also of the opinion that the general architectural treatment is consistent with the area. The increased height provides a number of desirable features and permits the project to be broken into individual elements. The alter- natives to the proposed design include: 1. The elimination of the third level. This would probably result in the concentration of additional floor area at the second level and the elimination of the pedestrian deck, or an overall reduction of the intensity of the development. 2. The relocation of the parking to a central parking facility on the inland side of Lafayette. White this is a desirable goal which will be considered as part of the specific area plan, it does not appear to be feasible at this time. 3. The redesign of the project to provide flat roofs. This does not appear desirable. In conclusion, the staff is of the opinion that the project is well designed and would help to set the theme for future redevelopment in the area. Therefore the staff recommends approval of the project and suggests that the Planning Commission take the following actions: 1. Certify the Negative Declaration. 2. Make the following findings: Item No. 3 TO: Planning Commission - 6. a. That the proposed project is consistent with`the General Plan. and surrounding land uses. b. That the proposed project conforms to the four criteria for exceeding the basic height limit. c. That the proposed project conforms to the standards applicable to site plan review. d. That the proposed parking is adequate and that the requested modification in the design of the parking, area is acceptable. e. The approval of Use Permit No. 1782 will not, under the circumstances of this case be detrimental to the health, safety, peace, comfort and general welfare of persons residing and working in the neighborhood or be detri- mental or injurious to property and improvements in the neighborhood or the general welfare of the City. 3. Approve Use Permit No. 1782, subject to the following conditions: a. That the project substantially conform to the plans as submitted. b. That the uses permitted within the project be limited to: 1. Marine -oriented offices such as yacht brokers', marine surveyors, and marine designers. 2. Marine -oriented retail uses. 3. Professional service offices.. c. That a harbor permit be obtained. d. That adequate provisions be taken to insure that no debris, siltation or foreign material be permitted to enter the bay during demolition and construction. e. That no portion of the proposed building including overhangs. and stairs be constructed bayward of the U. S. Bulkhead, Line,. f. That the boat dock extend across the entire bayside of the property and that the owner grant an easement or enter into an agreement with the City to grant an easement for public access. Said easement or agreement shall only become effective at such time as this property is connected to adjacent property to form a continuous walkway. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR 4— By iTTiam R. Foley, Environmental Coord for WRF/sh Attachments: Vicinity Map Statement from Applicant Marine Biology Report Plans and Elevations Negative Declaration Item No. 3 .FEE MAO A/O, 0 -SEE MAP A42. 4 ,a C-� .y. o o•s \\ \ �4i C-2 C2 � \ CI P \\ c•z � cfoo � � \� A t C•1 C•2 ; M-1 a M•I A �\ a \\ < ,F X5:5 A��' ,,�.• �, ♦• G�-.�� � I M=1 � =1 V � �b , OOF md x wri- IK sc dss��'� � k l v � r� 7 P NFi° M,P .Ha , !E� 1 a�7F1N 1fbM_. .1H b; �A� I` T Bi IfIT is AL tosI�TNPU PI kAM 1198Poq NE I PI 01 f eI7WNRI ?dFAapdiY gaRfFdkv 4 ° NC udlh'¢N p41n KVi 41TA e'weoa[a-v as; An k clams r[�u� \, fNW. 7d*� f iPoA 4f ,y F1F W W. pM'7M dd111pp'M, ANpq WjHf PY "'fli[p 5A MCI 91°MIMRIWIf�fpti�NMSI.f IAMC�Il51E I1T �0 A/1'li �A4N �� �• `� �y ---- DISTRICTING MAP NEWPORT BEACH — CALIFORNIA R -A AGRICULTURAL RESIDENTIAL R-4 MULTIPLE RESIDENTIAL R-1 SINGLE FAMILY REFIDENTIAL �. CAI LIGHT COMMERCIAL DUPLEX RESIDENTIAL C-1 GENFRAL COMMERCIAL OF FEET R-3 RESTID. MULTIPLE FAMILY RESIDENTIAL Mml MANUFACTURINGORD. NO. 93S mo 4uo Mno o00 - - COMSINING DISTRICTS UNCLASSIFIED DEC 26,I930 rd De+h In Fr.t Shown Thvm 7-1 - USE 'PE'R M I T 'NO. 1782 PROPOSED USE & DESIGN CONCEPT SUMMARY PROPOSED USE The proposed building use is changed only from marine repair to marine services. These services will include yacht brokerage, marine design,` and a law firm that specializes in marine law, etc. The existing marine repair building located on the site is being abandoned as a marine repair facility. The existing building is also in violation of the building and fire codes. The change from marine repair to marine services will eliminate pollutants and spillage in the bay such as oil, etc., harm- ful to marine life. The potential high cost of rental space in this area will exclude such activities as corporate offices, bookkeeping, and non-public related offices. The spaces will obviously attract lease holders who need public exposure in the marine oriented environment. These are the only tenants that could benefit from the location and pay the price to get it. This form of rental space is not available to the public in the rental market place, but is needed by small marine based businesses. DESIGN CONCEPTS The proposed 5,000 square feet of rental space is divided into three building forms to retain the scale typical of the Cannery Village. These forms and connecting decks are raised on pilings to provide the required parking area. The partially covered open plan of the parking area is designed to offer a view to the Rhine Channel. The building is designed to give as much open feeling to the street as possible with two narrow twenty foot wide forms facing Lafayette Avenue.' These two forms will be connected by a 15 -foot wide landscaped deck that will provide access to a public view to the bay not available with the existing boat repair shop where the public is not welcome because of obvious safety hazards. The third form at the rear of the property and facing the bay is also an independent structure. The design concept of three small buildings instead of one large structure is in keeping with the rambling aesthetic_ appeal of the Cannery Village area. The scale and building separation offering views to the bay from the vast majority of the deck area creates a light -airy atmosphere from all public circulation points and buildings. William C Clapet Fleety` ood B. Joiner Planning/ArchitectLye/Engineering. 714 f 673-4484 3355 Via Lido Suite 205 92663 The exterior treatment is derived or stolen from the existing building. For as much as possible the components of the existing structure will be re -used, such as wood siding, metal roofs, wood frame windows, etc. The proposed exterior treatment will not change from the existing character of marine repair or wharf warehouse motif. In order to open up decks and provide three small buildings, the design requires that two of the three buildings exceed the allowable height by 4 feet but still remain under the allowable height provided with a use permit by 7 feet. The third building located on Lafayette Avenue is a low form that is under the allowable height by 6 feet. The changing roof heights add the variation that is necessary to retain the aesthetic scale desired. The only projection above the height limit is a portion of sloping corrugated metal roof (a desirable characteristic of the area). The only alternative to keep the buildings below the height limit would be a flat roof, which is aesthetically undesirable. The building forms exceeding the height limit occupy approximately 27 percent of the property, whereas approximately 50 percent of the property is either devoted to open landscaped decks only 9'-0" above grade or is uncovered at grade. Building signs will be a white washed graphic directly on the wood siding and sand blasted to retain the old character of the rest of buildings. Exterior lighting will be old warehouse lighting of the type used in the existing building. SUMMARY A marine oriented commercial building for marine activities designed in the character and scale of the existing Cannery Village, using existing materials prevalent in the area -- wood siding, corrugated metal siding ` and roofs, wooden hand rails, and offering open public decks with a view to the bay, building separation providing landscape areas, all raised on pilings to provide a view to the bay from the street, are all part of a design concept that is in keeping with the intent of the City and Coastal Commission. This proposed design meets those desired requirements. VIA II'ti^ BI0L0Gy ' r site r 1 1 a s TT� }� � � i i`etnod� - The �i�., was visited on t -,-.,o d= _'feren� dGS�, ,.�.rc l7 end 20,"" 1170. A Qualitative a.ssessmenu of the biota -u s conducted at lo -..r tide (-.i', 6:45 on March 20. Pilings iinich emer:,-;e from the soft -bottom substrate beneath the Ho: -r Lrd Der_n.is I'larine Engine ';iorks were examined visually, and representative specimens were removed for identification in the 12b. I-;;ine soft-bottorr- sariples (Figure 1 ) z•rere taken from the area bounded by the nort:,ern edge of the overhang- ing deck to the se;zruard edge of the exposed marine -ways south of the dock and from the landward bulkhead beneath the building to a depth of 2 feet seaward in the charnel beneath the deck. Six samnles .were obtained from beneat'r the deck from subtidal levels to a height of approximately +2.01 above IMUJ.' and V1ree sa-moles were taken from the adjacent marine -ways. The soft -bottom samples '.:-faich were taker_ to a depth of six inches, res�l•ted in a. volume of approi: mately- 2 1. They were sifted through a 1,-321 .5 rm screen_ and specimens were extracted and later identified in 'the laboratory. Identification of specimens wa.s rerformed according to Smith' and Carlton. (1975), Hartman (1900, and I-IcLean (1969). A voucher collection of species ob- rained has been retained and is available for inspection at California State Uni- versity, Fullerton. Yindings - The habitat available for. colonization by mm -rine organisms conzists of a soft -bottom arta beneath the overh4n.ging deck that is appro.- ma-tely 80.) e, -,-pose.--' at t ze 10 :-est minus ;ides,and a more steeply sloping arca youth of Vie deer; that is fully exrosed cverhea.d. The area beneath the deck is approxi,nately 451 x 301 and the .rice -rays measures a-rproxiilately 151 x 30' . The water -front area above the ma.-ri:.e-k-Tads consists, of loose s;:Lnd aind silt which t,,ro-:!c;h erosion has been deposited in the channel belo--r the high tide level. ;additionally, Viere are 28 vertical wooden pilings beneath the deck that are in varying stytes of deterior- +;i ht 0 1 b a �Zb oz ones„ pi Ings nave een reinzorced id Uh cemenu casing. kll pilings are heavily encrusted with marine gro 'uh from- subtidzl levelson the most easterly pilings to a height of approximately +4.01 or_ all pilings. There are no apparent differences in biotic composition beti,reen the bare Wooden pilings and the ones encased in cement. Temporary floats border the deck on th:e south and. eastern side, which support t„rpical fouling corcmmnities below the water line.. Soft -bottom Habitat The bottom beneath the deck and in the adjacent marine -trays consists of . a mixture of sediment types ranging from tightly compacted clays near t'e'cement bulkhead beneath the deck (Sample ;,12) to unconsolidated sands and gravel (Sample i1ithin any one sample a mixture of substrate sizes was apparent, but dost' samples were predominantly a very soft black muddy -sand. Immediately beneath the surface in all simples occurred a sulfide odor emitting black "ooze", indicative of anaerobic decomposition of organic residues in the sedi>:ient. The odor uas most pronounced in the samples from the marine -•rays and sample' -',`l in particular. In 1970 a California Department of Public Health survey determined that dissolved oxygen levels in 57,0 of 28 samples analyzed from the �izine Channel did: not, meet the 'Regional ':'iter Cuality Control Board minimum standard of 4 PPII established for rnn-circulating., dead end channels. Samnle residue8, frecuently contained metallic flakes, probably attributable to the industrial and corrmercin1 activity on -the uest side of the Rhine Channel. mercury concentrate ons near boat -repair facilities in the Rhine Channel were 500 times higher thorn in =ormal sediments'in a. study conducted by the Orange County Health Denartment in 1972. The soft -bottom habitat exists in a highly modified state due prim=rily to the proximity of shore -side connercial and industrial developments, one of which is immediately overhead. It is'subject to the effects of such facilities." many of which are "polluting" in t'le sense and to the degree to -:hick they have influ- enced the biota ::7hich is present.etivi ties an -rocesses occurring in the vicin ity of this area which could have such effects are: garbage"or sewage discharge from the heavy co:-Znnercial and recreation_1 vessel traffic in the Rhine Channel, toxic constituents in discharges from local industrial processes such as chemicals and deterp-ents used for boat cleaning, heated ti -rater fror:. steam clealnir_„ bilge cleaners, spilled faint, etc., fresh' z•rater storm drain influent containi:no, nutri- ent fertilizers and other domestic contaminants, and sma11 oil spills from vessel fueling facilities. Occasional broken bottles and rusting cans litter the inter- tidal bottom beneath the deck, and the metallic deposits .in the sediments have been noted above. Similar disturbances to the habitat were noted in a,survey con- ducted two years ago (O'Brien, 197 4) ir:,iediately across the ?nine Ch -an -rel in T•rhich restricted water circulation intensifies pollution effects because of the dead-end nature of the channel. ?-later quality problems in such habitats are pointed out in various previous studies of the area, ie. CwLf. Deut. , of Public Health. (1970), CDTfI (1972), CCHD (1972), ITR_ (1973), and Dixon and 1•Iarsh. (1.973). Macro -organisms inhabiting the soft -bottom h ' .i t= t (Cable 4:1) consist primar- ily rimar-ily of 5 species Of 4 faml i ies of Annelid worals, and the ,pelec7rpod q :^pe3 ; s.am;nea ':hick was only observed beneath the dec'-_ in sample ;r3 (1 ;, �r4 (3), ','5 (1), and '6 (2). _Z. Stns ni n'n is common at other locations throu-bout. P1ei•mart I;; -my- (Searcy, unpublished), although in a previous survey acX = ss the ?nine Channel (O'Brien, 197.10, no living specimens were observed. Heavier sa, :o :ing would have possibly revealed that its abur_d ince was greater in decr.er :r . ,ter as its density : as highest in our deepest subtidal, svnnle,, Cot,p-treble densities of -0, staminea have been observed in.similar disturbed habitats in ot'aer Portions of Ke,... -port ?lay during a study conducted to analyze bivalve distribution patterns in the bay (Soapy, unpublished). P. staminea. appears to tolerate fetid conditions to a greater degree than other bivalve species as it was the orly clan -found in several other highly modified localities studied in this investigation. The sur- face of the mu.d-bottom was heavily littered with tiro species of em U" cla,-i smells with P. st gainea shells greatly outnu.';.bering those of Chione undwtella. The edibility of this popi:lation is uncertain, as 43% of 28 sw~ples taken in the Iahine Channel in 1970 exceeded a I PH of 330 fecal colifo,.'ms per 100 rzl (CBD i, 1970)• The allowable limit for certification of mollusk edibility established by the Regional pater Quality Control Board is 10°;. The annelid fauna is very depauper- ate in ter, -is of numbers of individuals, t• ith fe er than ten specime:s present in most samples. The Glycerid, Heminodus borealis occurred only in sample ;'2 ,.hich was characterized by the compacted clay substrate. The other species were gen erally distributed througho,A other samples with the Spionids,. Bocci rdia- proboscidia and Polydora t:hich filter deed from small tubes extending .7tr above the su'r face,t �.e most abundant. However, their densities t�rere extremel;r lou co soared with the mud flat across the charnel ,f sere they formed extensive matrices of tubes in the „cud botto.ma in 1974• Occasional rock crabs, Pachy � raosis crassiues, were found on the substrate as well as on pilings. Piling Habitat The shoreward four rows of pilings and the cement bulkheads are extensively. covered from the substrate to height of +4.01 with the barnacles ?a=lanu.s andula, and B. amohitrite ssp. arm-itrite which is a non -endemic species to the wost. coast of North America. B. arlchi trite is the more dominant barnacle, occurring about ten times more abundantly and at higher levels on the pilings than �. 1;1:-idula. Intermixed L•Ti-th the barnacles are t --Ie mussels Mytilus edulis azld I.'sodiolus c=22i, e_ -:tending from subtid<al levels to +3.01. 1- ca.o.ax, al tno»gh, sn�.11 .0,:d ir_conspic- ' ` :., ilus modulis, which is coIT_onl r observed else:ahere UOLT.S., is more ac�unde_nt than in bay and estuarine i:rbitats. -'hove the loT--;est water levels speci.me-n3 "f the x tunic te, Styella cla.ve.� appeared to have recently perished, possibly becauao of recent fresh -;rater input, a comL7,:on can„se of mortli ty in this s- ecies. Subtzd hr, occasional living Specimens here o served on pilings and on the temporary floats. ^nticipated Imract of the ProDosed Project - As discussed .above, the soft O.rlttom habitat 'beneath the przaposed project is presently heavily affectedb:; the limited circulation in the Rhine Channel and the considerable commercial and industrial development in the vicinity of the site. Ito particularly unir_ue or rare species i,' -ere detected in either the soft -bottom or piling habitats 'beneath the proposed development. The polychaete fauna is very iTnoverished com-pared -.::ith other areas .in Ide:•rport B. -7y (Barnard and Reish, 1959), with remark� of v few individu;.Is present in our sa-nples. The number of species detected in nine s_moles was the sane as that observed in tiv;o s-_r.:ples on the other side of the cha�rr.el in a stud -.r conducted in 1971, tr'nich further indicates the reduced state of tine biota. 411 of the species observed have been detected in other portions of Ile—k- mo -11b B`r where greater polychaete diversity chara.c'.erizes soft-'.;ottom h=bita-ts (?as and «na Reisch, 1959) or in other regions of southern California (Hartman, 1968)., Although re_ o,,? -al of old pilings and installation of new ones will disrupt t=ie, soft -bottom habitat on a short term basis, any damage to the polyc'naetes of the Rhine Channel -ui.11 be negligible because of t?_e presently hi,hly modified habitat wI-ich has resulted -in a remarkably sparse polychaete fauna. at this site. Should -:lore favorable habitat eventually develo p ac a consequerce of rolluti on abatement neasures in the vicinity, the ubiquitous nature of nany poll: cha.e to siDecies and ti.eir --_:elnrric larvae --,ill enable colonisation of a ;rpronr.,. ate sL'bs trates by U'! .e sal?e and prc"•':'-I • i .'", rent species to ;cci.rr,, resulting in a richer i:olyc; aete fauna. The clan, rrotothaca stami.nea., is present in moderate nufoers bereat7t t:,e deck. Gn a sh-).rt term basis sone individu ,ls ;-rill be damn ed. >r disturbed during VIP nrocess of removing old pilings and installing near ores. o e or, ne;;1i­ '.ble lon- term adverse imo ct should be sustained by the population in the Hnine Channel. Only a 60, x 301 -.rea of so -'t -bottom habitat is being affected and the com,ronness of this species thro,:ghout the lo:•rer ba;, fact that av :ii_.a:ole habitat is not being eliminated but onl;;, temporarily disturbed :ea_n t:_at :ny damage suffered by clams due to construction activity :kill be offset b- recruitment from surrol;nding beds once the bottom stabilizes follo:sing the installation of pilings. The transformation of the present waterside irvtalle.tion from a boat rep`i r facility to an office complex_ wi_l1 possibly have an overall beneficial effect on the fauna by alleviating a potential source of stress.by accident . -I input of polluting substances. Removal of old pilings 1 ill of coarse eliminate the fauna presen ,ly inhabit- ing then. Construction of re-vr pilings and bulkheads ;Till result in colonization by a sessile fauna cpm^arable to that .presently foand on t,l-e pilings and vertical faces. Extending an overhang over the 15, of Crater adjacent to thepre.:ent ;deck on the south side of t'::e nro-perty is not e=timectedto ,dversel-;- irtr_:act bio ti:c com-uni- ties in the bottom or on pilings or vertical f -,ces. �i'he degree to :,;z c�a 4iie reduc- tion in light ;:ill reduce primary prod,:ction in the w at -r column of the Rhine Channel wil1 be insignificant. RE-T_Ra CES (1 TLD rarnard, J. L. and D. J. Reisch. 1959. Ecolo&j of Amn:.inods and : olycha,eta of Newport Ray, California. Cep paper Allan ;tancocl Fdn. ??o. 21. California Depart of -Public health. 1970. Water Quality Investigations of ?Te-uport Bay, Orange County. CDN Inc. 1972. Study of Environment -=l Quality of Nei -.,port ?ay. 31 tip.' Dixon, PL S. and G. A. Marsh. 1973. Ecological Survey for Aquatic and Terrestrial Resources for the City of Die ocrt Leach. 130 pp. Hartman, C. 1968. Atlasof the Errantiate Polychaetous Annelids from California. P11an Hancock Foundation. 828 pp. McLean, J. H. 1969. Mali. ne Shells of Soa.thern California. Science Series 24, Zoology N. 11. Los Angeles -Museum of Natural History. 1011 pn. O'Brien, P. Y. 1974 Marine Biology. pp 39-43 in Environ„_ental Impact Report of Delaney's Cannery Village in Newport Beach prepared by Richard Teary and Associates. Orange County Health Department. 1972. Analysisaf Heavy ; etals -and Chlorinated Hydrocarbons in Nei -Tort Bay Sediments. Smith, R. 7. and J. T. Carlton. 1975. Lightts 11,anual: Intertidal intcrtebrates of the Central California C^ast. University of Cali form= Press, r3cr!:clay California. 716 pp. 'ater Resources Engineers. 1973. Netn)ort Bay Recobmirmended?.&er ',)u ^lit r M_ana5ement Plan. 41 pp. This reaort was prepared by P�:trick Y. O'Brien, graduate student in the De7-:art meat of Ecology and ;evolutionary Biology, University of California, it rine and Dr. Roger Seapy, Assistant Professor, Department of iii o7_0 fir, California State University, Fullerton. Table ?';o. 1. :Species Ooserved Piling Habitat Mollusca Pelecypoda Modiolus capax 1 ilus edulis Arthropoda Crustacea Balasiu.s amphitri to ssp, amphitrite Soft -bottom. Ha ti t•a.t I-'ollu sca Pelecypoda Protothac.a staminea Annelida Poky chaeta Capitellid^e Ca1�i tataµ�,mbi seta Cirratulidae Cirriformia spirabra-:enia Glyceridae H erripodus borealis Spionidae 1occa.rdia pro'ooseidea rolygora sp. Arthro -oda Crustacea Gar-marid ixtphipods - 2 spp. _ . -.', - + L. _.- � �.... } � NEGATIVE DECLARATION FOR LAFAYETTE MARINE COMMERCIAL DEVELOPMENT 1. Project Description.: The proposed project consists of the demolition of any existing structure, and theconstruction of a new three level commercial structure. This, project is the subject of Use Permit Application No. 1782. 2. Location: The project is located at 2808 Lafayette Avenue. 3. Discussion of Environmental Impacts. An initial study, consisting of the staff report for Use Permit No. 1782, dated March 26, 1976. This study discusses the basic land uses, the height of the structure, the parking, and the impacts on water quality and marine biology. 4. Basis for Negative Declaration: This project has been reviewed in accordance with local and state requirements and it has been determined that this project will not have a significant effect on the environment. DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 *J� LOS ANGELES, CALIFORNIA 90053 11 March 1976 SPLCO-N Mr. Howard Dennison 2810 Lafayette Avenue Newport Beach, California 92660 Dear Mr. Dennison: ntion duringsurvys of your aea that It has come to Our atterecent tCorpseof Engineersrpermit. you have filled in a marine way with on or over navigable waters of the Construction of this nature in, United States requires that you acquire a Corps of Engineers permit. Inasmuch as this facility has been constructed, 8eXr10uest that inch doou fill out the attached application form along with an ing and submit them to our Navigation Branch personnel so they can process your after -the -fact application. If no unreasonable objections are received during the pg rocessin of your application, the District Engineer may issue you an after -the -fact permit. Failure to complete and submit the attached forms within 30 days may necessitate the initiation of legal action towards you. The processing time for a permit is approximately 75 days. No fee is required for the above structure. If additional information is needed, please call. our Navigation Branch personnel at (213) 688-5606. Sincerely yours, 1 Incl As stated R. P. YOUNG, P.E. Chief, Construction - Operations Division STATUS SHEET HARBOR PERMITS j LOCATION New Revision Dredging Date Rec'vp - , Fee Amt. �`�m Fee Processed Date Reviewed by M.S.D. Approved Denied Correction Req'd. - Desc. MARDE BIOLOGY Methods - The site :,;as visited on taro different days, March 17 and 20, 1976. A qualitative assessment of the biota was conducted at lo -..-r tide (-.l', 6:45 41;1) on March 20. Pilings which emerge from the soft -bottom substrate beneath the Howard Dennis Marine Engine Works dere examined visually, and representative specimens were removed for identification in the lab. Tine soft -bottom swmples (Figure 1) were taken from the area bounded by the port'"iern edge of the overhang- ing deck to the seaward edge of the exposed marine -ways south of the dock and from the landzrard bulkhead beneath the building to adepth of 2 feet seaw:nrd in the channel beneath the deck. Six samples were obtained from beneath the deck from subtidal levels to a height of approximately +2001 above ILLU.J, and three samples were taken from the adjacent marine -ways. The soft -bottom samples t�nich were taken to a depth of six inches, resulted in a volume of apps o:a. mately 2 1. They were sifted through a #32, .5 mm screen and specimens were extracted and later identified in 'the laboratory. Identification of specimens was rerformed according to Smith and Carlton (1975), Hartman (1968), and McLean (1969). A voucher collection of species'ob- tair_ed has been retained and is available for inspection at California State Uni- versify, Fullerton. Findings - The habitat available for, colonization by marine organisms consists' of a soft -bottom area. beneath the overhanging decd; that is appro:dmately ,80'' exposed at the 1o.;est minus ides, and a. more steeply sloping area south of the deck tzat is fully exposed overhead. The area beneath the deck is approximately 45' x_ 30' and the marine -ways measures a-pproximately 15' sc 30t. The water -front area above the marine -ways consists of loose sand and silt which through erosion has been deposited in the channel below the high tide level. :kdditionally, there: are 25 vertical wooden pilings beneath the deck that are in varying states of deterior- ation. Eight of these pilings have been reinforced id th cement casing.All pilings are heavily encrusted with marine growth from subtidal levels on the most easterly pilings to a height of approxi_ma.tely +4.01 on all pilings. There are no apparent differences in biotic composition between the bare wooden pilings and the ones encased in cement. Temporary floats border the deck on tb.e south and eastern side, which support t .gDical fouling corimunities below the water line. Soft-bottom Habitat The bottom beneath the deck and in the adjacent marine-ways consists of.a mixture of sediment types ranging from tightly compacted clays-near the cement bulkhead beneath the deck (Sample `2) to unconsolidated sands and gravel (Sample f Zit'nin any one sample a. mixture of substrate sizes was apparent, but most samples were predominantly a very soft black muddy-sand. Immediately beneath the surface in all s-mples occurred a sulfide odor emitting black Hooze"., indicative of anaerobic decomposition of organic residues in the sediment. The odor was most pronounced in the samples from the riarine-ways and sample TIrl in particular. In 1970 a California Department of Public Health survey determined that dissolved oxygen levels in 57% of 28 samples analyzed from the Rhine Channel did not meet the Regional 'crater u.ality Control Board minimum standard of 4 PPI-1 established for non-circulating, dead end channels. Sample residues frequently- contained ;metallic flakes, probably attributable to the industrial and com-!ercial activity on the ,:Test side of the Rhine Channel. Mercury concentrations near boat-re-pair facilities in the Rhine Channel were 500 times higher than in `normal sediments in a. study conducted by the Orange County Health Department in 1972. The soft-bottom habitat exists in a_ highly modified state due primarily to the proximity of shore-side commercial and industrial developments, one of which is immediately overhead. It is subject to the effects of such facili ies., many ` of which are "polluting" in the sense and to the degree to ::-hich they have influ- enced the biota ,:Thich is present. Activities and 4;rocesses occurring in the vicin ity of this area which could have such effects are: garbage or seuage discharge from the heavy commercial and recreational vessel traffic in the Rhine Channel, toxic constituents in discharges from local industrial"processes.such as chemicals and detergents used for boat cleaning, heated water from steam cleaning, bilge cleaners,, spilled saint, etc., fresh water storm drain influent containing nutri- ent fertilizers and other domestic contaminants, and small oil spills from vessel fueling facilities. Occasional broken bottles and rusting cans litter the inter- tidal bottom beneath the deck, and the metallic deposits in the sediments have been noted above. Sin, i lar disturbances to the habitat were noted in a survey con- ducted two years ago (OlBrien, 1974) immediately across the Rhine Channel in which rest ric edierater circulation intensifies pollution effects because of the dead-end nature of the channel. Water quality problems in such habitats are pointed out in various previcus studies of the area, ie. Calif. Dept, of i'ublic Health .(1970), CDM (1972), OCHD (1972), '-IRE (1973), and Dixon and Marsh (1973). Macro-organisms inhabiting the soft-bottom habitat (Table #1l consist primar- ily of 5 species of 4 families of Annelid worms, and the pelecypod I cllas'_. Ptot'�..ac s t a i nPa ?.hick was only observed beneath the deck in sample ,=3 (1 ), Y-7``4 (3), 5 (1 ), and '6 (2). -P-. seam is common at other locutions throughout Netimort Ba;,r (Seapy, unpublished), although in a -Previous survey across the Rhine Channel (O'Brien, 197.), no living specimens were observed.: Heavier sampling would have -possibly revealed that its abundance was greater in deeper water as its density :ras hi _hest in our deepest subtidal sariple, Comparable densities of ?. staminea have been observed in similar disturbed habitats in other portions of NeT,,Tport Bay during a study conducted to analyze bivalve di stribu.tion patterns in the bay (Seapy, unpublished). P. staminea appears to tolerate fetid conditions to a greater degree than other bivalve species as it was the only clam found in. several other highly modified localities studied in this investigation. The sur- face of the mud-bottom was heavily littered with two species of em-'5y clam shells with P. sta 'nea shells greatly outnumbering those of Chione undatella. The edibility of this popl:lation is uncertain, as 43% of 28 sa Dles taken in the Rhine Channel in 1970 exceeded a MPIT of 330 fecal coliforms per 100 ml (CDPH, 1970). The allowable limit for certification of mollusk edibility established by .the ?regional Water Quality Control Board is 10;. The annelid fauna is very depauper- ate in terms of numbers of individuals, with fev.,er than -ten specimens nresent in most samples. The Glycerid, Hemi-oodu.s borealis occurred only in sample ,7'r'2 Which was c..aracterized by the com}Dacted clay substrate. The other species were gen- erally distributed throughoi)t other samples with the Spionids, Boccardia. proboscidia and Polvdora sE., which filter deed from small_ tubes extending .5'" above the Sur- face, the most abundant. However, their densities were extremely lots comnared o with the mud flat across the channel 7zenere they formed extensive matrices of tubes in the mud bottom in 1974. Occasional rock crabs, Pachy,racsis crassi-oes, were found on the substrate as well as cn pilings. Piling Habitat The shoreward four rows of pilings and the cement bulkheads are extensively covered from the substrate to height of +1.x.0' with the barnacles Balanus glandula, and B. amohitrite ssp. am-phitrite which is a non-endemic species to the west coast of ?dorth ",merica. B. aniph-itrite is the more dominant barnacle, occurring about ten times more abundantly and at higher levels on the pilings than B. 21-ndu.la. Intermixed with the barnacles are U}ae mussels T)Ndilus edulis az-id iiodiclu.s cap�xJ e:•:ten.ding from subtida_l levels to +3.0t. M. ca ax, although sm.,a.11 end inconspie- u:ous, is more aibundar:t than ,ilus edulis, which is co=only observed elsewhere in 'bay and estuarine habitats. r ove the lowest water levels specimens of the tunica,te, Styella clava appeared to have recently _perished, possibly because of recent fresh -grater input, a common cause of mortality in this sl)ecies.. Subtidally, occasional living specimens were observed on pilings and on the temporary floats. Anticipated Im„a.ct of the Pro-oosed Project - As discussed above, the soft -bottom habitat beneath the proposed project is presently heavily affected by t -ie limited circulation in the Rhine. Channel and the considerable cor=ercial wand industrial development in the.vicinity of the site. No particularly unique or rare species were detected in either the soft -bottom or piling habitats beneath the proposed development. The polychaete fauna is very impoverished co-kr-pared th other areas in Newport Bay (Barnard and Reish, 1959), with remarkably few individuals present in our sa Dles. The number of species detected in nine .sanples :eras the same a.s that observed in two samples on the other side of the channel in a stud,,, conducted in 19741, which further indicates the reduced state of the biota. P-11 of the species observed have been detected in other portions of IFe:.n ort�r :,here greater polyehaote diversity chara.ci.erizes soft -bottom habitats (?ar_ard and Reisch, 1959) or in other regions of southern California (Tiartman, 1968) e iatthou.gh remo=vral of old pilings and installation of new ones will disrupt the soft -bottom habitat on a short term basis, any damage to the polychaetes of the Raine Channel •rill be negligible because of the presently highly modified habitat which has resulted in a remarkably sparse polychaete fauna. at this site. Should a more favorable habitat eventually develop as a consequence of pollution abatement measures in the vicir_ity, the ubiquitous nature of many pol�chaete species and: tneir pelagic larvae -:,-i11 enable colonization of appro°)ri.ate substrates by the sc-�e and pro .ably -,afferent species to ;ccur, resulting in a richer polychaete fauna X The clam, Protothaca staminea, is present in moderate numbers beneath t,<e deck. C. -Li a short term basis some individuL�.ls will be damaged or disturbed during the process of removing old pilings and installing ne:Ir ones.H owever, negligible long term adverse impact should be sustained by the population in the Rhine Channel. Only a E0, x 301 area of soft -bottom habitat is being affected end the co:nnonness of this species throughout the lower 'gay, .and the fact that av:,:ila.ble habitat is not being eliminated but only temporarily disturbed mean that any damage suffered by clams due to construction activity :gill be offset b recruitment from su.rrolnding beds once the bottom stabilizes following the installation of pilings. The transformation of the present waterside installation from a boat repair facility to an office complex will possibly have an overall beneficial effect on the fauna by alleviating a potential source of stress . bar accidental- input ccidentalinput of polluting substances. Removal_ of old pilings t: -ill of coarse eliminate tine fauna presently inhabit- ing nhabit-ing them, Construction of new pilings and bulkheads .,-ill result in colonization by a sessile fauna comparable to that presently found on the pilings and vertical faces. Extending an overhang over the 15, of grater a:dI acent to the present deck on the south side of the property is not e_:pected to adversely impact.bioti_c com;; uni- ties in the bottom or on pilings or vertical faces. The degree to �-7ich the reduc- tion in light reduce primary production in the wa:t.�r co1•unn of the Rhine Channe.1 will be insignificant. REFERc'- ICES CC TED Barnard, J. L. and D. J. Reisch. 1959. Ecology of Anphipods and nolychaeta of Avewport Bay, California.. " paper Allan Ijancock Fdn. TIo. 21. California Depart of Public Health. 1970. Water Quality Investigations of ifeirport Bay, Orange County. CDI,I Inc. 1972. Study of Environmentrl 'Quality of lgef.,port Pay. 31 pp. Dixon, PL S. and G. A. Marsh. 1973. Ecological Survey for Aquatic and Terrestrial Resources for the City of Ne- rocrt Beach. 130 -op. Hartman, 0. 1968, Atlasof the Errantiat.e Polyc'naetous Annelids from California. Allan Hancock Foundation. 828 pp. McLean, J. H. 1969. Mali ne Shells of Southern California. Science Series 24, Zoology 1 . 11 . I.os Angeles -Museum of rFatural H istory. 101 pp. O'Brien, P. Y. 1974. 1•aarine Biology. pp 39-43 in Envi ronme:'Ital Impact Report of Delaney°s Cannery Village in Newport Beach prepared by Richard Terry and Associates. Orange County Health Department. 1972. Analysisof Heavy Metals and Chlorinated Hydrocarbons in Newport Bay Sediments. Smith, R. E. and J. T. Carlton. 1975. Light1s Manual: Intertidal Invertebrates of the Central California Ccast. University of California ,Press, Bcr :eley California. 716 pp. i,;ater R?esources Engineers. 1973. Newport Bay Rec6mmendedWater nuc ity 1,1 agement Plan. 41 pp. This report was prepared by P":.trick Y. O'Brien, graduate student in the De-:.art rrient of F,colo;gy and Evolutionary Biology, University of California, Irtirne and Dr. Roger Seapy, Assistant Professor, Department of Biology, California State University, Fullerton. Ta'ole j o. 1 . Species Observed Piling Habitat Soft -bottom Habitat. Mollusca Mollusca Pelecypoda Pelecypoda Modiolus capax Protothaca staminea P ilus edulis Annelida Arthropoda Polychaeta Crustacea Capi-tellidae T3, -2, -mu s glandula Ca Lata ambiseta Balanus amnhitr to ssp. amphitrite Cirratulidae Cirriformia snirabranchia. Glyceridae H emi-oodus borealis Spi onidae 32ccardi a. Arobosci dea Pohldora sp. Arthropoda Crustacea Gammarid lm-phip0ds - 2 supe 2 Hamilton Machining Co. 320 So. La Cienega Blvd. Los Angeles, Calif. CRestview 6-6003 i PYWA A P4 y 15 7 -Te r p l dr iL ! 4o. 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