HomeMy WebLinkAboutM2005-0109OWNER- M DEC!Ag=
I hereby af f irm, that I am exeTrPt from the contractor f s license
law for the following reasons: (Sec.7031d.5, Business and
Professions Code) �ny City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure,
prior to its issuance, also requires the applicant for such
permit to file a signed statement that he Is licensed pursuant to
the pro -vision of the Contractors License Law (Chapter 9,
commencing with Section 7000) Of Division 3 Of the Business and
Professions Code) or that he is exempt therefrom and the basis
for the alleged exemption. Any 'violation of Section 7031.5 by any
applicant for a permit subjects the applicant to a civil pernalty
for not more than five hundred dollars ($soo) .
I, as owner of the property, or my employees with wages as
aTe—Ir sole compensation, will do the work, and the structure is
not intended or offered for sale I (Sec. 7044, Business and
Professions Code: The Contractor s License Law does not apply to
an owner of property who builds or improves thereon, and who does
such work himself or throuVh his'own employees, provided that
such improvements are not intended or offered for sale. If,
however, the building Or improvement is sold within one year of
completion, the owner -builder will have the burden of proving
that he did not build or improve for the prupose for sale.)
I, as owner of the property , am exclusively contracting
witH-Ticensed contractors to construct the project (Sec. 7044,
Business and Professions Code: The Contractor's License Law does
not apply to an owner of property who builds or irrProves thereon,
and who contracts for such ects with a contractor' (s) License
pursuant to the Contractor I PF217cense Law) .
I am exempt under Sec. of Business and
P—roTe-Usions -Code for this reasSH.
Owner SignatureL�-/ Date
Contractorz�, C) (� -T_�ZfL�/ 5 -
Telephone
Address -3 7 W�95
License class State Board No. <-
�31�IlLty License No
I
LICENSED CM;TRACMR 1 S DECLARATICN
I hereby affirm that I am licensed under provisions of qmpter 9
(commenc�ng with Section 7000) of Division 3 of the Business and
Professsions Code, and my license s in full force an
Contractor Signature Date lif Afc2t
HARBOR PIM= AppLICMT:[CN
Clity of NekMOrt Baagja FijZe & Ma ine-, D=ar_tMent
Please Print: (Front & Back)
-r is� a �4 a 'T 6- c-- '8 v I � b i " - 0 Q " & _ PA
tzxj rc W P a T
3 6 A C i� 8A V I v AF- e /'j r� L� d A A -7 o cD
A A -s A 6 o V6_
3. New Constructjon — Revision tenance Dredging
4 - Fee Check Aj Da7te ;�3 - Z
=4Ef
/5. Brief Descripti Of Proposed Work: r� m p o 1z A p- c- x ^j s 1 6
c r- le-) -F 0 A e c -� m m ' '� A -- f D k A -r
U(a_ —IN --------------------
Li 6
A F & r- A -r
(�j t-)
Lf 4 A &LA: 12- r- 3 o
DraWingS(3) I=lUde: 0 ; C_ V P,A r- —;-
6. Submit .Location and dimension of
Proposed structure 2. Location Of bulkhead 3. Location of
property lines and lot size 4. Location of channel markers within
200 feet of proposed pro�ect S. ExistinV ground profile, and area
and profile of any dredgi�iqr with elevations showing deyth
relative to MLLW 6. Elevations of top and bottom of pi es and
bulkheads with respect to MLLW 7. Any special conditions
affectinV the construction or affecting boating operations. 7.
Owner Builder/Contractor DeclaratiOn/Insurance Information
V7. Applicant, s/Agent's Signature fj) Date 3 --(-17
DAVI �, I�Icwo�s ( MAP -1-A AAA,4AC36.A_
8. Work can begin once the City has received evidence of the
following additional approvals and 3MUj2MMjMMn_nQUfied__=
PIM=Ad�
OMCE ME MMY
Approval in Concept. Date
Approval of the City of Newport Beach Council. Date
Approval of the AzTny Corps of Engineers. Date
Approval
of
the
California Coastal conmission.
Date
—L'-APPrOval
of
the
C'tyFs Public Works Department.
7�
Date3h 17
Approval
of
the
City's Building Department.
Date / I
_�L Site Inspection. (call Date
Site Re -Inspection. Date
County
of orange.
Date
Issued.
(Pwrmit is stamped drawimg)
Date_2z��V 7
_�L Site Inspection. (call Date
Site Re -Inspection. Date
M
RECEIVED
APR - 4 1996
US Army Corps
of Engineerse
LOS ANGELES DISTRICT
PUBLIC NOTICE
Public Notice/Application No.: 96 -00161 -MFS
Comment Period: April 3, 1996 through May 2, 1996
APPLICATION FOR PERMIT
Applicant Contact
Orange County Tom Rossmiller
Environmental Management Agency (714) 489-9473
Harbors, Beaches and Parks
P.O. Box 4048
Santa Ana, California 92702-4048
Location
In the southern end of Upper Newport Bay in Newport Beach, Orange County, California
Activi!y
To maintenance dredge approximately 75,500 cubic yards of sand and silt material from the
Newport Dunes Marina to a design depth of -8 feet mean lower low water (MLLW), and offshore
disposal of this material, as well as 10,500 cubic yards of similar material dredged from the same
site and temporarily stored in a two-stage sedimentation basin historically used for that purpose,
previously authorized under Department of the Army nationwide permit (File number
95 -00389 -BH), dated July 5, 1995, at the EPA -approved LA -3 disposal site (see attached drawings).
For more information see page 3 of this notice.
Interested parties are hereby notified that an application has been received for a Department
of the Army permit for the activity described herein and shown on the attached drawing(s).
Interested parties are invited to provide theit views on the proposed work, which will become a
part of the record and will be considered in the decision. This permit will be issued or denied
under Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), Section 103 of the
Marine Protection Research and Sanctuaries Act of 1972 (33 U.S.C. 1413), and Section 404 of the
Clean Water Act of 1972 (33 U.S.C. 1344). Comments should be mailed to:
U.S. Army Corps of Engineers, Los Angeles District
Regulatory Branch
ATTN: CESPL-CO-R-96-00161-MFS
P.O. Box 2711
Los Angeles, California 90053-2325
Evaluation Factors
The decision whether to issue a pern�dt will be based on an evaluation of the probable impact
including cumulative impacts of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The benefit
which reasonably may be expected to accrue from the proposal must be balanced against its
reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof. Factors that will be considered include
conservation, econonucs, aesthetics, general environmental concerns, wetlands, cultural values, fish
and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and
accretion, recreation, water supply and conservation, water quality, energy needs, safety, food
production and, in general, the needs and welfare of the people. In addition, if the proposal
would discharge dredged or fill material, the evaluation of the activity will include application of
the EPA Guidelines (40 CFR 230) as required by Section 404 (b)(1) of the Clean Water Act.
The Corps of Engineers is soliciting comments from the public; Federal, state, and local
agencies and officials; Indian tribes; and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects, and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment and/or an
Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to detern-dne the overall public
interest of the proposed activity.
PrelfininaKy Review of Selecte4 Fadors
EIS Determination- A prelin-dnary determination has been made that an environmental
impact statement is not required for the proposed work.
Water Ouali The applicant is required to obtain water quality certification, under Section
401 of the Clean Water Act, from the California Regional Water Quality Control Board. Section 401
requires that any applicant for an individual Section 404 permit provide proof of water quality
certification to the Corps of Engineers prior to pern-dt issuance.
Coastal Zone Management The applicant must certify that the proposed activity complies
with and will be conducted in a manner that is consistent with the approved State Coastal Zone
Management Program. The District Engineer hereby requests the California Coastal Commission's
concurrence or nonconcurrence.
Cultural Resources- Because the project site is located in an existing marina that has been
maintenance dredged in the past, it is presumed that the project area does not currently possess
any artifacts of cultural or archaeological significance. This review constitutes the extent of cultural
resources investigations by the District Engineer, and he is otherwise unaware of the presence of
such resources.
Endangered Species- Preliminary determinations indicate that the proposed activity would
not affect federally listed endangered or threatened species, or their critical habitat. Therefore,
2
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exceeded ERL values for cadmium, copper, lead, mercury, and nickel; all of these metals were well
below Long's ERM values.
The composite sample contained no detectable PCBs, 13 parts per billion (ppb) of organotins
(11 ppb of DBT and 2 ppb of TBT), 140.2 ppb of total DDT compounds (including 5.2 ppb of DDT)
and 150 ppb of total PAHs. Sulfides were not detected, and 58 parts per million (ppm) of
petroleum hydrocarbons were measured. Among the individual core samples, levels of organic
contamination were also generally correlated with grain size. The highest levels of pesticides
(DDTs) and PAHs were found in NPD5, and the lowest levels in NPD2 and NPD6 (about 15%
fines). Long's ERL values were not exceeded by the total PAHs, total low molecular weight PAHs,
or the total high molecular weight PAHs. Long's ERM value (46.1 ppb) for total DDT values was
exceeded in the composite sample and in four individual core samples. Levels of sediment
conventional constituents were generally low in individual core samples; sulfides were not
detected, and petroleum hydrocarbons ranged from 34 to 100 ppm in the four finer grained
samples.
Bioassay Analysis - Survival and normal development of bivalve larvae (Mytilus edulis) in
undiluted elutriates of Newport Dunes Marina sediment were significantly reduced when
compared with the reference. LQ, and EQ, values were 71.63% and 72.04% elutriate. Survival of
speckled sanddab (Citharichthys stigmaeus), when exposed to undiluted elutriates for 96 hours in a
static bioassay, resulted in 90% survival in reference sediment and 70% survival in Newport Dunes
Marina sediment, and was determined to be a statistically significant decrease. However, 50%
dilutions of the elutriate were not toxic to either species. Toxscan suggests the observed effects on
the two species may reflect toxicity contributed by ammonia (pore -water concentration of ammonia
was measured at 18 ppm). Survival of the mysid, Holmesimysis costata, in undiluted elutriate from
Newport Dunes Marina sediments exceeded the 98% survival seen in the reference sediment.
Survival of the amphipod, Rhepoxynius abronius, in the 10 -day static solid phase bioassay was
78%, whereas survival in the reference sediment was 65%. Survival of H. costata in the 10 -day
flow-through solid phase bioassay was 97% in the test sediment, and compares to 78% in the
reference sediments. Survival of the polychaete, Nephtys caecoides, in the 10 -day flow-through solid
phase bioassay was 92% in the Newport Dunes Marina composite sample, and 96% in the LA -3
reference sediment. Statistical analysis indicated that worm survival was not significantly reduced
by exposure to sediment from the Newport Dunes Marina.
Bioaccumulation Assessments - The clams (Macoma nasuta) and worms (Nereis viriens)
exposed to test sediment from the * Newport Dunes Marina did not have detectable levels of
cadmium, selenium, silver, PCBs, or PAHs. Chromium, nickel, mercury and zinc were not in
significantly greater concentrations in clam tissues exposed to test sediment compared to clam
tissues exposed to reference sediment. However, dams exposed to Newport Dunes Marina
sediment showed slightly, though significantly, elevated concentrations of arsenic, copper and lead
after 28 days of exposure.
DDE concentrations in tissues increased significantly in clams exposed to the Newport Dunes
Marina sediment; however, the final mean tissue concentration of 234 ppb is below the current
FDA Action level. Endrin Ketone and gamma -BHC were detected in only one of five replicate
clam tissue samples, and tissue concentrations did not significantly increase after exposure to the
test sediment.
Worm tissues indicated no detectable arsenic. Of the remaining metals, no accumulation of
chromium, copper, lead, mercury, nickel or zinc occurred in worm tissues after 28 days of
exposure to the Newport Dunes Marina sediment.
Of the pesticides analytes, alpha -Chlordane and DDD were each detected in one of five
replicate worm tissue samples exposed to the Newport Dunes Marina sediment; mean tissue
concentration was not significantly increased over reference levels. DDE and dieldrin was detected
in three of five replicate worm tissues exposed to the Newport Dunes Marina sediment; tissue
concentration of DDE and deildrin was not significantly increased after exposure to the sediment.
ProRosed Special Conditions
None proposed, however, this project, if authorized, will have conditions typical of other.
projects authorized for offshore disposal to ensure minimal impacts to the aquatic environment.
I For additionat. information please call Mark F. Sudol of my staff at (213) 894-0353. This public
notice is issued by the Chief, Regulatory Branch.
. �.j
LL.
TOXSCAN, INC.
T-12195
Page 20
Newport Beach
Newport Dunes Marina
Table 3. Summary of bioaccumulation results, Newport Beach, Newport Dunes Marina.
SUMMARY OF RESULTS
TEST DESCRIPTION TECHNICAL EVALUATION
Newport Dunes Marina
BIOACCUMULATION - Macoma nasuta
Arsenic
ns
Cadmium
nd
Chromium
ns
Copper
ns
Lead
nd
Mercury
ns
Nickel
ns
Selenium
nd
Silver
nd
Zinc
ns
Endrin Ketone
ns
gamma -BHC
ns
4,4' -DDD
ns
4:4' -DOE
ns
Polychlorinated Biphenyls (PCB's)
nd
BIOACCUMULATION - Nereis vitiens
Arsenic
nd
Cadmium
nd
Chromium
ns
Copper
ns
Lead
ns
Mercury
ns
Nickel
ns
Selemium
nd
Silver
nd
Zinc
ns
alpha -Chlordane ns
4,4' -DDD ns
4,4' -DDE ns
Dieldrin ns
Polychlorinated Biphenyls (PCB's) nd
ns indicates statistically non-significant results (alpha = 0.05)
. indicates statistically significant results (alpha = 0.05)
nd indicates the constituent was not detected in tissues
I
Newport Beach
Newport Dunes Madna
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ToXSCAN, INC.
T-12195
Page 21
DEPARTMENT OF THE ARMY FIRST CLASS MAIL
LOS ANGELES DISTRICT, CORPS OF ENGINEERS POSTAGE AND FEES PAID
P. 0. BOX 2711 DEPARTMENT OF THE ARMY
LOS ANGELES, CALIFORNIA 90053-2325 LAD. CORPS OF ENGINEERS
PERMIT NO. 4474
OFFICIAL BUSINESS
CITY OF NEWPORT BEACH
ATTN DON WELOB
PUBLIC WORKS DIRECTOR
3300 NEWPORT BLVD
NEWPORT BEACH CA 92663
....... . . ..... ..... ..... - ------
ac� 0-i alAv
3V/7 70&INOD
--------
---- ---
- - - - - - - -
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2
WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION
CITY OF NEWPORT BEACH
PLEASE PRINT OR TYPE (9 � BUILDING DEPARTMENT
1. PROJECT ADDRESS (NOT MAILING ADDRESS)
-7
OOR
SUITE NO.
LEGAL DESCRIF.TION
LOT BLOCK TRACT
51,50
1 C- k IVA VA e!s -\t4
jLi, -
No. UNITS
PHONE NO.
c- cj&or-./e- 6�1 T -f-1 CA �O Z3c
1310 0 5 () S 0 S-
7 4. ARCHITECTIDESIGNER'S NAME LAST FIRST
.2. DESCRIPTION OF WORK
ARCHITECTIDESIGNER'S ADDRESS
USE
# OF STORIES
VALUATION $13400,`
SQ FT
(NEW/ADDED/EXTG)
PHONE NO,
E] 5. ENGINEER'S NAME LAST FIRST
STATE LIC. NO.
NEW F-1 ADD E3 ALTER DEMO [:1
Check Appropriate Box for Applicant
3. OWNER'S NAME LAST FIRST
7- 19anws 7�1,
c,
OWNER'S ADDRESS
OWNER'S E-MAIL ADDRESS
51,50
1 C- k IVA VA e!s -\t4
jLi, -
CITY STATE ZIP
PHONE NO.
c- cj&or-./e- 6�1 T -f-1 CA �O Z3c
1310 0 5 () S 0 S-
7 4. ARCHITECTIDESIGNER'S NAME LAST FIRST
LIC. NO.
ARCHITECTIDESIGNER'S ADDRESS
HITECT/DESIGNER'S E-MAIL ADDRESS
CITY STATE ZIP
PHONE NO,
E] 5. ENGINEER'S NAME LAST FIRST
STATE LIC. NO.
r6n 2eb
C��
ENGINEER'S ADDRESS
EN��IWFZ' ESS
ADDR
,9,500 VIA O�AEi uo mAav\j,.a- lzQ3
'-Uej zT- A o L,, Co r -w -
CITY STATE ZIP
PHONENO.
-S(A�j RED Qc c[- 31
110 SIT-TISL.-I
F� 6� CONTRACTOR'S NAME
13USINESS LIC.
ST�TE LIC.
No. Class
A TOR'S ADDRESS
CONTRACTOR'SE-MAiLADE
CITY STATE, ZIP
PHONE NO.
OFFICE USE ONLY
PERMIT NO.
TYPE OF CONSTRUCTION PLAN CHECK NO.
PLAN CHECK FEE $
OCCUPANCY - GROUP PLAN CHECK ENG.
�omMbldg—apphCatlon 8/27/04
CITY OF NEWPORT BEACH
(S) FINAL LETTER - COMPLETE
HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660
Tom Rossrniller - 949-644-3041 Chris Miller - 949-644-3043
FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915
Nadine Morris - 949-644-3105
NEWPORT DUNES RESORT MARINA
ATTN: WADE KERLEY
10 1 BAYSIDE DR.
NEWPORT BEACH, CA 92660
Dear Commercial Pier Permittee,
Permit number: HC2004-045
Location : 101 BAYSIDEDR
Status : CLOSED
11/23/2004
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
,1 111 �
'�OWIA-w 7w
'19 1 0 '11 10 1 LN I IN 10 1 10 na
November 9, 2004
The City of Newport Beach, Harbor Resources
Attn: Chris Miller
829 Harbor Island Drive
Newport Beach, CA, 92660
To whom it may concern:
We are writing you this letter to follow up on our final City dock and fire inspection. Thc
inspection sited a multiple berthing issue in slip J-6, and Fire Department Access issue at
I -dock. Both violations have since been resolved. The Knox Box for I -dock was ordered
on November 3 from the Knox Box web site and will be installed as soon as it arrives. I
will contact Nadine Morris (Fire Department Inspector) as soon as installation is
complete.
If you have any questions, please do not hesitate to contact me at (949) 729-1100. Thank
you for your cooperation in this matter.
Sinccrely,
Drew
Newport Dunes Resort Marina
101 N. Bayside Drive - Newport Beach, California 92660 - (949) 729-1100 - Fax (949) 729-4470
4WPQ,4�
4,
XIL
Date: April 23, 2003
Harbor Resources Division
To: Fleming March, Revenue
Memorandum
From: Chris Miller, Supervisor Harbor Resources
Subject: 5.18 Charter Permit Application
M.V. White Light & Adagio Yachts
Mr. Wes Heinmiller, (949) 300-8888
This memo authorizes Mr. Heinmiller of M.V. White Light and Adagio to load and
unload passengers from the Newport Dunes launch ramp piers on the following
dates:
Date
Time
Yachts
4/26/03
7-11 pm
White Light
5/17/03
7-12 pm
White Light & Adagio
5/31/03
7-11 pm
White Light
As a safety precaution, Mr. Heinmiller has agreed to station people along the
launch ramps to assist in the loading and unloading of passengers.
Mr. Heinmiller will still be responsible for securing any other authorizations that
may be required, in addition to the 5.18 Charter permit itself.
July 8, 2003
1 was informed by the Dover Shores HOA that the Dunes is not allowed to
have ANY charter activity from their launch ramps. Therefore, this should
not have been allowed.
-Miller, Chris I
From:
Miller, Chris
Sent:
Tuesday, July 08, 2003 3:13 PM
To:
Rossmiller, Tom
Subject:
Newport Dunes Charter Activity
Tom,
FYI
I got a visit today from the Dover Shores HOA who said that it is against the Dunes business permit to operate ANY
charters from their facility. The charters in question were the 3 that I had permitted back in April as one time events,
before I knew about these rules.
Therefore, we need to make a mental note to not allow any temporary permits to operate from the Dunes. IT also put this
in the file.
Thanks
WA Z- Z-
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CITY OF NEWPORT BEACH
marine Department
September 19, 1994
TO: CHERYLE, DATA PROCESSING
FROM: Marine Department
00// -
SUBJECT: HARBOR PERMITS 0011-0100, 0011-0300 & 0018-0056
We need to make some changes in the above three Harbor Permits,
ifically, two need to be combined and renumbered and one needs
spec�
to essentially be renumbered. Also, we need to change the fees due
on the revised permits.
The first permit, 0011-01-00-1, should now be numbered 0011-0300-1,
and is still for the facility at 300 East Coast Highway, owner's
name DeAnza Bayside Village,, mailing address 300 East Coast
Highway, Newport Beach, CA 92660. The yearly rate should be
rev-1sed to $153.50. This is a result of applying the formula on
page 8 of the Harbor Permit Policies under Section B, Pier Fees;
also it's based on the fact that the correct number of slips for
the DeAnza Bayside Village is 227.
The next change regards the consolidation and renumber-ing of two
permits. The two permits, 0011-0300 and 0018-0056, should be
renumbered. The new number should be 0011-0101, for the facility
located at 101 N. Bayside Drive, permittee Newport Dunes, mailing
address 101 N. Bayside Drive, Newport Beach, CA 92660. The yearly
rate for the consolidated two permits is $268.00 and is based on
applying the same formula as mentioned above, based on the number
of slips being 556.
We would have made these changes over here, but I understand that
to change dollar amounts it needs to be done over in your
department.
Tf you have any questions regarding this memorandum, please give be
a call at 3044.
Tony Mellum
Deputy Director
� . i�_ — CITY OF NEWPORT BEACH
e
Marine'D part.rtnt
April 12, 1993
TO* MAYOR AND CITY COUNCIL
FROM Marine Department �0
SUBJECT: HARBOR PERMIT APPLICATION
TO TEMPORARILY REVISE THE
DUNES AT 101 NORTH BAYSIDE
Recommendation:
Agenda Item 16
oole-0056 by DUNCAN MACINTOSH
DOCKS BAYWARD OF THE NEWPORT
DRIVE
If desired, approve the application subject to the following
conditions:
1. The dock units and methods of attachment must be approved
by the Marine Department and the City Public Works Department prior
to installation.
2. Contact the Sherif f I s Harbor Patrol and meet any I conditions
they might impose prior to installation.
3. The applicant must have the plan reviewed by the City Fire
Department and meet any requirements they may have, prior to
installation.
4. The temporary docks must be removed no later than April 20,
1993.
5. The applicant'. must provide proof 'of ir:is I mrance. approved bv
the City Attorney's office.
docks
.6. Prior approval by the County of I orange, since the
extend over tidelands claimed by the county.,
.DiscussiOrv-
This application is before the City Council as required by section
5.C.4 of the Harbor Permit Policies, which state "I: :
5.C.4. "Prior approval of the \City Council will be required
before issuing a permit for shore -connected structures when
approved bulkhead lines, pierhead lines, or setback lines do not
exist".
The applicant wishes to temporarily revise a section of the docks
at Newport Dunes to make space available for his In -The -Water Boat
Show. The revision will consist of placing approximately 1000 feet
of temporary docks for side tie berthing and raft berthing adjacent
to K Dock and behind the footbridge in the Newport Dunes Lagoon.
The docks will be placed in position with appropriate pilings and
will remain until April 19, 1993 at which time they will be removed
from the marina.
The applicant has discussed the conf iguration of the docks with the
City of Ne v . jpo rt Beach Fire Department and the Orange County
Sheriff's Harbor Patrol and they have approved the permit on a
preliminary. basis,: subject to a number.of conditions the applicant
must meet prior to installation. In addition the applicant -Will,
make minor revisions to the docks bayward of Billy's Restaurant and
the Chart --House -for use of the sail boat,.sectio.ni since the Dunes
will not accomodate sailboats because of height . restrictions at the
Coast Highway Bridge.
The temporary dock systems and
licensed construction engineers
city Public works Department -
Tony Melum
Deputy Marine Director
pilings have been prepared by
and they will be reviewed by the
3 _oL,O\
P(
May 18, 1992
Robert D. Moran
155-29 Singingwood Street
Orange, CA 92669
Dear Mr. Moran:
In response to your letter to the Newport Beach City Council, which
I was recently forwarded, I apologize for the inconvenience you
experienced regarding the Newport Dunes Resort boat launch
f acility. our launch rates, as you know, are good f or up to a
twenty-four (24) hour period for any calendar day. We have
recently amended this time period to also include a twelve (12)
hour exemption for those who launch for a single evening's use;
that is, boaters who launch between 12:00 Noon and 12:00 Midnight
will receive a 12 hour launch period without incurring boat storage
expense.
I hope that this amendment to our operating procedure will satisfy
your concerns. It is through letters such as yours that help us to
better serve our guests and maintain the high quality of sevice for
which we strive. I, personally, had not realized the "gap" in our
boat launch policy until your letter brought it to attention.
I am enclosing a free coupon for your next vessel launch with the
hope that you will soon revisit our facility.
Again, I am sorry for the inconvenience you experienced at Newport
Dunes Resort. If you have any other questions or problems
concerning Newport Dunes Resort, please feel free to contact me
directly at (714)729-3863.
Sincerely,
Anne Evans Quinn
General Manager
cc: Newport Beach City Clerk
Newport Beach City Council
Robert G. Fisher, Director of Orange County EMA/HBP
Grace Secketa, Orange County EMA/HBP
David Harshbarger, Marine Director, City of Newport Beach
Robert Gleason, Vice President, Evans Hotels
1131 Back Bay DriNe -Newport Beach, California 92660 -(714) 729 -DUNE
FIRST AMENDMENT TO AMENDED
NEWPORT DUNES SETTLEMENT AGREEMENT
This First Amendment to Amended Newport Dunes Settlement
Agreement ("First Amendment") is made as of December 12 , 1990 by
and between THE CITY OF NEWPORT BEACH, a Municipal Corporation and
Charter City, hereinafter referred to as "City", THE COUNTY OF
ORANGE, a Political Subdivision of the State of California,
hereinafter "County", and NEWPORT DUNES PARTNERSHIP, a Califo=ia
partnership, hereinafter "Company", who agree as follows,
1. This First Amendment is executed in contemvlation of the
following facts and circumstances:
(a) City, County and Company are parties to that certain
Amended Newport Dunes Settlement Agreement, dated December 9,
1988 ("Settlement Agreement").
(b) It is the intent of City, County and Company to amend and
modify certain of the provisions and conditions of the
Settlement Agreement; it is the express intention of City,
County and Company that except as expressly amended or
modified by 'the provisions and conditions of this First
Amendment, the Settlement Agreement shall remain in full force
and effect.
(c) The capitalized terms used in this First Amendment shall
have the same meaning as is otherwise ascribed thereto in the
Settlement Agreement.
2. Paragraph I.H is modified to include with the
improvements so described a marina club house and storage building,
together with appurtenant facilities, constructed in accordance
with the requirements of paragraph H.8 of the tettlement Agreement.
0
3. Pa=graoh I�H of the Settlement Agreement is hereby
amended and modified by adding the following Provisions and
conditions thereto as paragraph 8:
"8. A marina club house and storage building an -
appurtenant
The gross
�ac4l4ties. shall be constructed upon the P
,loor area of the office and amenity uses shall not exceed
6,000 scua-re feet and the gross floor area 0�
szorage uses
shall not exceed 3,200 souare feet- The fit-- I
ess room within
the marina club house shall be no larger than the size shown,
.on the approved Conceptual Plans (approximatsly 475 squa--e
feet) and all exercise equipment shall be located wit , hin the
fitness room. The marina club house shall contain no more
than two stories and the storage building shall be limited to
one story.
'The marina club house shall be constructed at or below t-
'rle
northerly Prolongation of the sight line drawn from a uoint
five feet above Pacific Coast Highway (along the section shown
on the revised schematic site plan) to tZe too of the north
side of 'the proposed Family Inn.
Ihe marina club house and storage building shall he available
only to tenants of '-the marina upon the Property and their
guests and access shall be controlled by Company. In the
event the city finds evidence that the marina club house
and/or storage building are bei. ig used by other than tenants
the marina and that additional vehicular traffic is beina
generated 'thereby, the City will so adv I ise the County and t�,--
County
shall as part of its lease administration
-2-
resoonsibilitieS correct the situat
tion to ensur� that the
traffic 4mna-+-s do not occur.
'The ma--ina club house and storage building and appurtanarit
facilities shall' substantially conform. to approved Conceptual
Plans on file with the County and City and the architect
=all
theme of the marina club house and storace building and
aDvurtezant
facilities shall be consistent with the
medit_-r=anean.stvle of existina Phase I imorovements on the
Proverty. The pool, courtyard and related areas appurtenant
to the marina club house shall be sized, designed and
landscaoed in substantial contormance with the "prelimi-nary
landscape technical plan" on fila with the City and County
and all landscanina shall be maintained at a height of at
least five feet below the highest pci-nt of the marina club
house.
Marina tenants and users shall be prohibited, and their lErises
shall so provide, from undertaking and otherwise pursuing,
co,mmercial activities within the marina club house and storac 7e
building, including boat charters. However, the limitation on
charter activities shall- not orchibit charters of um to and
including six pass angers,
-For marina office
The marina club house shall include sr�ace
personnel and three distinct recreational amenity areas. The
amenity areas include a television room, fi - =esS center and
club lounoe- The storage building shall consist of large
1 ockers, laundry facilities, vending machines and the storage
area for marina maintenance equipment."
-3-
31
3- ��XceDt as exoressly amended or modified by �_he c)rovis4ons
and condit ions of this First Amendment,. the Settle,,,en' Agreement
shall and joes remain in full force and effect.
CITY
By:
Mayor
po�z* � y of New -port Be;,�h
-� � TO FORM: -
-�y
APPRGV7D TO FOPM:
Coun'ty COU:-�SPI
N;\2\2529\332Z0\: ,STAt,.
COUNTY QR.0R_ANGE
The Chairman of
Board
of Supervisors
SiGH—M
ATACCFIYOF'
THIS
-: n
TO
THE C�
_,ELPJ'ERED
Clerk c-''tt'e i3oar�
COMPANY
NEWPORT DUNES PARTNERL_�--p,
a Ca ia z)artne__,. -
By:
Anne L. Evans
0
BO.&RD OF SUPERVISORS
ORWE COUNMY, CALIFORNIA
MINUTES December 18, 1990
FIRST AMENDMENT TO AMENDED NEWPORT DUNES SETTLEMENT AGREEMENT- WITH
NEWPORT DUNES PARTNERS FOR DEVELOPMENT OF A MARINA CENTER: Environ—
mantai Management Agency requests approvai of an amendment to an
agreement for development of a marina center.
MOTION: On motion by Supervisor Rath, seconded by Supervisor Vasquez,
the Board authorized ezecution of the First Amendment to the agreement
with Newport Dunes Partners. MOTION UNANIMOUSLY CARTIED,
Q1 I
A/
PERMIT No. U,
DREDGING APPLICATION
Project Location: Upper Newport Bay,Newort Dunes
Cubic Yards to be Dr6dged: Approx 900
Materiel too hard to dredge hydraulically
Method of Dredging: Jfydra71±J-j7e--S_uet-j7&nMust be removed by clamshell
Nature of Dredged mat erial: Sand/Siit/hard cemented sand & shell fragments
Disposition of Dredged Material: Haul to sea -and dump @ Latitude 33131'42"N
Longitude 117154'48" W. SITE LA -3
method of Material Disposition: Barge to sea.
Turbidity Control Method: Material to be contained in Dump Barge at
Dredge Site
Effect of dredging on contiguous bulkheading and beaches NONE
Dredge as necessary for safe navigation
I, Lorenzo C. Miller hereby state that I have read the U. S. Army
(print name)
Corps of Engineers permit for maintenance dredging in Newport Harbor, the
City of Newport Beach and Orange County Harbors,Beaches and Parks District
(if applicable) permit for maintenance dredging and that I accept all the
provisions.therein. Additionally I guarantee that the proposed dredging
will not occur because of any altering of existing use of the affected
zone.
New '1 s
___7Wp'p_01'Hca2n2t2t�pe name)
November 21, 1990�
(Date)
S.E.A. Constructors
(contractor -type name)
Signed:
Contractor's
Representative
D.C. Putt for Lorenzo C. Miller
SECTION A -A
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PA20JECT
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F120M "~AVA7
VICI"17-Y f1yL9C-X
PROJECT ADDRESS: 1131 BACK BAY DRIVE, NEWPORT BEAC H,- CA 92662
PURPOSE:
DATUM:
M�Lw
P RO P 0 S E D.,. !�e� 7p6/ /-k3
A# ro w.,
DREDGE AS NECESSARY FOR SAFE NAVIGATION. ('yoo c.-/)
DATLIM: MLIN APPLICANTS:
AUJACENT PROPERTY OVMERS I - IN: UPPER NEWPORT BAY
NEWPORT AT: NEWPORT BEAM
DEPT. OF FISH & GAME IRVINE DUNES CXWY OF: ORANGE, CA.:�
CCMPANY 998 W. MISSION BAY -DRIVE
SAN DIEGO, CA.
',trl4to;-- YF- 4 GArA*dors SHEEr I OF 3
LEJMAN ANo LEE INCORPORATEO
November 20, 1990
RONALO J. LEJMAN
OAVIO H. LEE
COLIN E. CUNNINGHAM
�OTECHNICAIL ENGINEE�
Mr. Lorenzo Miller
S.E.A. CONSTRUCTORS
103 North Bayside Drive
Newport Beach, CA 92660 Our Project 90-79
SUBJECT: Grain Size Test Results for Your Sample Obtained Between
A Doc% and B Dock, Newport Beach, CA.
Dear Mr. Miller:
Presented herewith, are the results of a grain size analysis
performed on the sample provided to us by your firm. We did not
include the pieces of hard cemented sand and shell fragments in our
grain size analysis. These ranged in size from 6 to 8 inches in
maximum dimension and comprised approximately 60% by volume of the
bulk sample provided to our laboratory. The test procedure was in
accordance with ASTM D422-63 and U.S. Army Corp of Engineers Report
Number CETA 19-7 criteria.
Please do not hesitate to call if you have any questions. after
you have reviewed the attached data.
I Z
Respectfully submitted,
NO. GE
LEJMAN AN LEE, INCORPORATED EXPIRES.'
0
..David H. Lee QFC
Geotechnical Engineer
One copy submitted
Attachments: Plate
1
Grain Size
Summary
Plate
2
Cumulative
I
Grain Size Distribution
23011 Moulton Parkway Suite 1-4 Laguna Hills 0 CA 92653 (7141 5el -5730
Grain Size.Surnmary
Sample provided to Lejman and Lee, Inc. in a bulk
bag by S.E.A. constructors. Sample consists of
gray fine sand with some seashell fragments and
pieces of hard cemented sand with shell fragments
to 8 inches in maximum dimension. This was ob-
tacined from Newport dunes channel between A dock
and B dock, Newport Beach, CA. at a mudline eleva-
tion of -4.01 MLLW. The sample was recovered
utilizing a backhoe bucket.
LLEJMAN ANo LEE
M j N 0 0 P P 0 R A T 0 0
GEOTECHNICAL ENGINEERS
For: S. E.A. Constructors I
GRAIN SIZE SUMMARY
roject 90-79
November, 1990.,
r -PT _ATTE__'�
% Material,
Cumulative
opening
Size
Sieve
Retained
Percent
(mm)
----------
Phi
Mesh
by Weight
Retained
------------------------------------------------------------
Gravel 2.83
-1.5
7
5.9
5_9
2.00
-----------------------------------------------------------------------
-1.0
10
0.6
6.5
1.41
�0.5
14
0.4
6.9
1.00.
0 0
.18
0.4
7.3
0.71
0:5
25
0.5
7.8
0.50
1.0
35
�1.4
9.2
Sand 0.35
1.5
45
4.6
13 8
0.25
2.0
60
20.0
33:8
0.177
2.5
80
41.8
75.6
0.125
3.0
in
18.2
93.8
0.088
3.5
170
5.1
98.9
0.074
3.75
200
0.3
99.2
--------------------------------------
Silt-clay <0.07.4
-----------------------------------------------------------------------
<3.75
<200
--------------------------------
0.8
100
6.5% Gravel
92.7%
Sand
0.8% Silt -Clay
Sample provided to Lejman and Lee, Inc. in a bulk
bag by S.E.A. constructors. Sample consists of
gray fine sand with some seashell fragments and
pieces of hard cemented sand with shell fragments
to 8 inches in maximum dimension. This was ob-
tacined from Newport dunes channel between A dock
and B dock, Newport Beach, CA. at a mudline eleva-
tion of -4.01 MLLW. The sample was recovered
utilizing a backhoe bucket.
LLEJMAN ANo LEE
M j N 0 0 P P 0 R A T 0 0
GEOTECHNICAL ENGINEERS
For: S. E.A. Constructors I
GRAIN SIZE SUMMARY
roject 90-79
November, 1990.,
r -PT _ATTE__'�
I
46
so
Be
GSAWRL
SAND
___11ILT
PASTIOLI DIAMETER IN PHI
i 1 0!6
PARTICLE INAUXTER IN MIL
Median - 2.2 0 (0.23 DEn) 6.5 % Gravel
Mean - 2. 10 (0.24 Dun) 92.7 % Sand
0.8 % Silt -Clay
Sample location: Newport Dunes Channel between A dock and B dock,
Newport Beach, CA. Mudline elevation -4' MLLW.
Ih.
LEJMAN ANO
I H C 0 R P 0 A A � I
IMiI G1110TOCHNICAL ONOW415EF15
For: S.E.A. Constructors
CUMULATIVE GRAIN SIZE DISTRIBUTION
PHI UNITS
yroject 90-79 Noveviber,l
PLATE
2
SESSION
MARK
PASTIOLI DIAMETER IN PHI
i 1 0!6
PARTICLE INAUXTER IN MIL
Median - 2.2 0 (0.23 DEn) 6.5 % Gravel
Mean - 2. 10 (0.24 Dun) 92.7 % Sand
0.8 % Silt -Clay
Sample location: Newport Dunes Channel between A dock and B dock,
Newport Beach, CA. Mudline elevation -4' MLLW.
Ih.
LEJMAN ANO
I H C 0 R P 0 A A � I
IMiI G1110TOCHNICAL ONOW415EF15
For: S.E.A. Constructors
CUMULATIVE GRAIN SIZE DISTRIBUTION
PHI UNITS
yroject 90-79 Noveviber,l
PLATE
2
LEJMAN ANo LEE INCORPORATEO
Mr. Lorenzo C. Miller
SEA CONSTRUCTORS
103 North Bayside Drive
Newport Beach, CA 92660
RONALD J. LEJMAN
OAVIO H. LEE
COLIN E CUNNINGHAM
GEOTECHNtCAL ENGINEE�
November 20, 1990
OUr Prolect 90-79
(VIA -- PICKED UP)
LETTER OF TRANSMITTAL:
we are sending you herewith x separately
the
following items. Test Results
Calculations Copy of Letter Drawings
Maps
Plans Prints Proposal—Reports
Memo
Conies
Date or Number
Description
November 20, 1990
Grain Size Test Results for
Your Sample
Obtained Between A Dock and
B Dock,
Newport Beach, CA
x These are transmitted:
Remarks:
_2LAs Requested
—.As.Requested b
xFor Your Information and.Use
—For Your Action
For Your Files
—For Approval
For,.Review and Comment
As a Correction to Our Report Dated
—Resubmit Copies for Approval
—Submit Copies for Distribution
la
23011 Moulton Parkway a Suite �-4 0 Laguna Hills 0 CA 92653 - 1714] 581-5730
F-9 (a)
I . / 1��, �)�
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
June 5, 1990
TO: Mayor and Members of the City Council
FROM: Robert H. Burnham
SUBJ: Newport Dunes Settlement Agreement
Request for Amendment to Construct
Marine Amenity Facilities
The Newport Dunes Settlement Agreement authorizes renovation
of the existing marina and the construction of 200 additional
slips, some of which are attached to the pedestrian bridge to be
built across the mouth of the swimming lagoon. Approximately 430
slips will be available to the public upon completion of this phase
of the redevelopment project. Newport Dunes is asking for
permission to demolish existing marina office buildings and replace
them with two structures known as the Marina Center.
The Marina Center would consist of a 6,000 square foot
clubhouse and a 3,200 square foot storage building. The proposed
clubhouse includes space for Marina office personnel and "three
distinct recreational amenity areas." The amenity areas include a
television room, fitness center and club lounge. The storage
building consists of large lockers, laundry facilities, vending
machines and a storage area for Marina maintenance equipment. (A
complete description of the Marina Center uses is attached as
Exhibit A.)
The Planning Department, Marine Department and this office
have reviewed, and generally support, the Newport Dunes request.
However, we recommend the City Council approve the proposal subject
to certain conditions that will ensure the project does not
increase traffic, increase the demand for parking, or reduce bay
views from Pacific Coast Highway. The conditions, and the
rationale for their imposition, can be summarized as follows:
- 2 -
1. FLOOR AREA LIMITS
The clubhouse and storage and building should be
limited to the size proposed by Newport Dunes. As proposed, the
facilities are too small to generate additional traffic or parking
demand. Specific limits on the size of the fitness center will
ensure no expansion of that use.
2. USE RESTRICTIONS
Use of the facilities should be limited to Marina
tenants and their guests, with the City reserving the right to
require Newport Dunes to prohibit, or limit the number of, guests.
The limited size of the facilities provide the best protection
against excessive use, but the City should reserve the right to
control the number of persons permitted access to the clubhouse and
storage area.
3. HEIGHT LIMIT
As currently proposed, the Marina Center would
slightly obstruct bay views from the highway and Promontory Point.
The height of the Marina Center should be reduced to eliminate any
view impact beyond that which results from the Family Inn. (See
Newport Dunes Site Plan attached as Exhibit B.)
4. NO CHARTER ACTIVITIES
The provision of amenities for Marina tenants could
encourage some boat owners to conduct charter activities from the
location. The Newport Dunes Settlement Agreement currently
prohibits charter activities unless a permit has been issued by the
appropriate licensing department. To ensure no additional traffic
or parking demand, staff proposes to prohibit any charter activity
unless authorized by an amendment to the Settlement Agreement.
it is recommended that the City Council authorize the Mayor
and City Clerk to execute an amendment to the Newport Dunes
Settlement Agreement authorizing construction of marine amenity
facilities subject to the following conditions:
- 3 -
1. The gross floor area of the marina clubhouse shall
not exceed 6,000 square feet and the gross f loor area of the
storage building shall not exceed 3,200 square feet. All
structures shall substantially conform to approved conceptual
plans.
2. The fitness room within the clubhouse shall contain
no more than 400 square feet and all exercise equipment shall be
located within the fitness room.
3. The clubhouse shall contain no more than two stories
and the storage building shall be limited to one story. The
clubhouse shall be constructed at or below the northerly
prolongation of a sight line drawn from a point five feet above
Pacific Coast Highway (along the section shown on the revised
schematic sight plan) to the top of the north side of the Family
Inn.
4. The clubhouse and storage building shall be
available only to tenants of the marina and their guests and access
shall be controlled through a security system approved by the
Planning Director. City reserves the right to impose other
conditions on, or prohibit, guest access.
5. The architectural theme of the Marina Center shall
be consistent with the mediterranean style of existing Phase I
improvements.
6. The pool, courtyard and related areas shall be
sized, designed, and landscaped in substantial conformance with the
"preliminary landscape technical plan" and all landscaping shall be
maintained at a height at least five feet below the highest point
of the clubhouse.
7. The written agreement between Newport Dunes and
Marina tenants , shall prohibit boat charters, leases or other
commercial activity and Newport Dunes shall strictly enforce the
prohibition unless and until charter activities are permitted
pursuant to an amendment of the Settlement Agreement.
Robert H. Burnham
City Attorney
RHB: j g
Attachments
LT DU� Lt
NEWPORT DUNES REDEVELOPMENT PHASE IIA - SUPPLEMENT
MARINA CENTER
DESCRIPTION OF USES AND IMPROVEMENTS
MAY, 1990
The County of Orange has approved plans for Phase
IIA of the Newport Dunes redevelopment project - the
replacembnt and expansion of the facilities at the
Newport 'Dunes Marina. These plans include the complete
replacem . ont of all waterside improvements, all landside
sitework' and utility distribution systems, and two
restroom buildings. They also call for the renovation
of the existing marina office and auxiliary office
buildings to bring them into architectural conformity
with the balance of the project. Construction of
this. phase of the project is scheduled to begin in
SeptembelF, 1990. (Please see. the Approved Schematic
Site Plan which has been attached for your reference.)
Aft� er evaluating the operational demands of our
Marine Department, surveying current tenants of thE
Marina, visiting other marinas from Newport Harbor
to San Diego, and performing informal market research,
1131 Back Bay Drive - Newport Beach, California 92660 , (714) 729 -DUNE
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MICHAEL M. RUANE
DIRECTOR, EMA
ROBERT G. FISHER
C) F DIRECTOR OF HARBORS, BEACHES & PARKS
CA a
LOCATION:
12 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
P.O. BOX 4048
IRONMENTAL MANAGEMENT AGENCY SANTA ANA, CA 92702-4048
HARBORS, BEACHES AND PARKS TELEPHONE:
(714) 834-3262
FAX # 834-6132
FILE
May 24, 1990
Commander
Eleventh CoRst Guard District
Union Bank Building
400 Oceangate
Long Beach, California 90822
SUBJECT: APPLICATION FOR BRIDGE PERMIT, NEWPORT DUNES PEDESTRIAN BRIDGE
Dear Sir or Madam:
Application is hereby made by the County of Orange, Environmental Management
Agency and Newport Dunes Partnership (998 West Mission Bay Drive, San Diego,
California 92109) for approval by the Commandant, U.S. Coast Guard, of the
location and plans of a pedestrian bridge to be constructed across the
Newport Dunes Lagoon in Upper Newport Bay located at the Newport Dunes
Aquatic Park, 1131 Back Bay Drive, Newport Beach, California 92660.
This project is part of a three-phase redevelopment of the Newport Dunes
Aquatic Park. The land is on long-term ground lease from the County of
Orange to Newport Dunes Partnership. Federal funds will not be utilized for
construction of this pedestrian bridge. U.S. Army Corps of Engineers.
approval has been received as permit number 89 -235 -GS.
The bridge wi - 11 have significant Dublic coastal access benefits for Upper
Newport Bay by completing a pedestrian promenade around the swimming lagoon.
It will also facilitate development of an additional 90 boat slips.
While this structure is technically over "navigable water" and would
therefore impede navigation, the Newport Dunes lagoon has been closed to
motorized craft for the last thirty years. Additionally, it is important to
note that the lagoon provides no access to any other waterway, and that
navigation is currently constricted through the mouth of the lagoon. It is
the intent of this pedestrian bridge to create a safe environment in the
lagoon for swimmers and human -powered craft. A raised section has been
provided to allow access by harbor patrol emergency vessels; this section is
also removable to allow access for dredging equipment to be used during
maintenance dredging at the project.
Commander
Eleventh coast Guard District
Page 2
The plan has the support of the City of Newport Beach Marine Department and
the County of Orange Harbor Master. Letters evidencing this are enclosed
with this letter.
other necessary approvals for this project have been granted and include
those of the California Coastal Commission, State Lands Commission, and the
City of Newport Beach. These approvals are attached for your reference. An
Environmental Impact Report (#230) and Addendum have been prepared in
conjunc-ion. with. this work and have also been enclosed.
If you need any additional information or have any questions regarding the
enclosed, please feel free to call: Fisher (714) 834-3262 or Gleason at
(619) 488-0551, extension 3290 or on-site in Newport Dunes at (714)
729-3863. We look forward to hearing from you.
Very truly yours,
Robert H/Gleason�, Robert G. Fisher, Director
Assistant-Vilff-e-11--resident Harbors, Beaches and Parks
Newport,Dunes
RGF:sk 0052411295963
Enclosures:
1. Original and three copies of vicinity map and plan for pedestrian
bridge.
2. U.S. Army Corps of Engineers Permit.
3. Coastal Development Permit and Amendments.
4. State T ands Commission approval.
5. County of Orange approval.
6. City of Newport Beach approval.
7. Environmental Analysis (EIR 230 & Addendum).
8. County Lease Agreement.
9. Settlement Agreement among Newport Dunes, City of Newport Beach and
County of Orange.
10. Letter from Captain Harry Gage, County of Orange
11. Letter from Mr. Tony Melum, City of Newport Beach
cc: Robert Fisher, Director, Orange County EMA/HBP
Tom Rossmiller, Orange County EMA/HBP
Harry Gage, Orange County Harbor Master
Veony Melum, Tidelands Administrator, CNB/MD
David Cherashore, Newport Dunes
Tom Welch, Dock Master, Newport Dunes Marina
BRAD GATES
SHERIFF -CORONER
May 11, 1990
SHERIFF -CORONER DEPARTMENT
COUNTY OF ORANGE
CALIFORNIA
Mr. Robert H. Gleason
Newport Dunes
1131 Back Bay Drive
Newport Beach, Ca= 92660
Dear Mr. Gleason,
The purpose of this letter is to discuss the proposed pedestrian
bridge which would span the Newport Dunes Lagoon and to give our
perspective on the uses of the lagoon.
As we have reviewed the re -development plans for Newport Dunes we
have always done so from the perspective that the lagoon would
remain closed to vessel traffic. Swimming and use of non -
motorized recreational craft have traditionally been the only
uses within this area. We would suggest, therefore, that the
foot bridge should not be marked as having a navigation span and
should in fact be obstructed in a manner that would allow it to
be transited only by emergency vessels, or by maintenance equip-
ment during closures for repair.
In the event that you should propose any change in the tradi-
tional uses within the lagoon or propose to allow navigation un-
der the foot bridge we would wish to review the proposal and com-
ment on the advisability of such a ch=�nge.
We appreciate the opportunity to participate in this project and
look forward to working with you in the future.
Respectfully,
B HERIFF-CORONER
Ha 'r
Harb
1901 BAYSIDE DRIVE - CORONA DEL MAR, CALIFORNiA 92625 * (714) 723-1002
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
1990
Robert H. Gleason
Assistant Vice President
Newport Dunes
1131 Back Bay Drive
Newport Beach, CA 92660
RE: Pedestrian Bridge
Dear Mr. Gleason:
It is my understanding that over the past 30 years the lagoon
within the Newport Dunes area has been closed to motorized craft
and has been available for swimmers and human powered craft only.
It is my further understanding that the Newport Dunes company in
its redevelopment of the site is going to continue this use and
these restrictions on activities within the lagoon.
With this restriction on the lagoon, the pedestrian bridge in
effect, would not be built to accomodate traffic in and out of the
lagoon. Our only concerns in the past have been that there be
emergency access for rescue vessels from the Orange County'
Sheriff's Harbor Patrol and that there be a removable section of
the bridge to allow future maintenance dredging.
With the above restrictions on the lagoon and the only need for
entrance into the lagoon being for emergencies or for maintenance
dredging, we would not view the bridge as one that should be able
to accomodate navigation, exept for these limited situations.
This states .- the Marine Department position -on t I he pedestrian
bridae. if you have cruestions please call me at 644-3044.
sincerely,
Tony Melum
Tidelands Administrator
3300 Newport Boulevard,, Newport Beach
0
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1-163
April 11, 1990
Robert H. Gleason
Assistant Vice President
Newport Dunes
1131 Back Bay Drive
Newport Beach, CA 92660
RE: Pedestrian Bridge
Dear Mr. Gleason:
It is my understanding that over the past 30 years the lagoon
within the Newport Dunes area has been closed to motorized craft
and has been available for swimmers and human powered craft only.
It is my further understanding that the Newport Dunes Company in
its redevelopment of the site is going to continue this use and
these restrictions on activities within the lagoon.
With this restriction on the lagoon, the pedestrian bridge in
effect, would not be built to accomodate traffic in and out of the
lagoon. Our only concerns in the past have been that there be
emergency access for rescue vessels from the Orange County
Sheriff's Harbor Patrol and that there be a removable section of
the bridge to allow future maintenance dredging.
With the above restrictions on the lagoon and the only need for
entrance into the lagoon being for emergencies or for maintenance
dredging, we would not view the bridge as one that should be able
to accomodate navigation, exept for these limited situations.
This states the Marine Department position on the pedestrian
bridge. If you have questions please call me at 644-3044.
Sincerely,
Tony elum
Tidelands Administrator
3300 Newport Boulevard, Newport Beach
C/e,// r,3U6%
April 2, 1990
Mr. Tony Melum
CITY OF NEWPORT BEACH
Marine Department
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658-8915
RE: PEDESTRIAN BRIDGE
Dear Tony:
The purpose of this letter is to elicit the City
of Newport Beach's aid with respect to our pedestrian
bridge and the Coast Guard's contention that it should
be the subject of a bridge permit.
As you recall, the bridge is approximately 600 feet
in length and is suspended over the mouth of the
swimming Lagoon. It is of fixed construction, resting
on 12 -inch prestressed concrete pilings set 30 feet
apart at an elevation ranging from 8.5 feet to 13.5
feet MLLW clear (I have attached reduced -size copies
of the bridge design for your reference). The
construction of this bridge was mandated by the terms
of the Settlement Agreement, which also approved
its use. Originally signed by the City, the County
of Orange and Newport Dunes on May 17, 1983, this
Agreement was later amended on December 9, 1988.
For the past thirty years, the Lagoon has been closed
to motorized craft, thus providing the only safe
area within Newport Bay for beach -going families,
swimmers and human -powered craft, such as kayaks,
outrigger canoes and the Scouts Afloat sailing program,
sponsored by the Girl Scouts. It was initially the
desire of all parties involved in the planning process
to formalize this distinction, and therefore, provide
an aquatic haven for the local public and vacation
travelers alike.
1131 Back Bay Drive - Nmport Beach, California 92660 - (714) 729 -DUNE
Mr. Tony Melum
CITY OF NEWPORT BEACH
April 2, 1990
Page 2
To address concerns raised by the County, who not
only owns the land under the bridge, but who, through
the Harbor Patrol, has policing responsibilities
for the area, we made two modifications to the design
of the bridge. First, the area closest the western
side of the bridge was raised to accommodate emergency
Harbor Patrol vessels. Second, this raised section
was also designed to be removable in the event that
future maintenance dredging projects in the Lagoon
utilize equipment that requires greater vertical
clearance than that allowed by the bridge.
The plans for this bridge have been approved by the
U.S. Army Corps of Engineers, the California Coastal
Commissionr the State Lands Commission and the County
of Orange. Construction plans, as I understand it,
are currently ready to be permitted through your
department for the City.
Because access to the Lagoon has in essence been
restricted for many years, because the Lagoon itself
does not provide access to any other waterways and
because there is no commerce or transportation
conducted in or through the Lagoon, Newport Dunes
feels that a Coast Guard Bridge Permit should not
be required in this case.
If this letter adequately addresses the situation
as you understand it, please draft a letter outlining
the City's position on this matter, addressed to
me, for my use in conjunction with our efforts.
I have a bridge permit application prepared and will
meet with the Coast Guard as soon as I have received
letters of support/concurrence from yourself and
the Harbormaster, Mr. Harry Gage.
Mr. Tony Melum
CITY OF NEWPORT BEACH
April 2, 1990
Page 3
Thank you in advance for your assistance in this
regard. Please do not hesitate to call me if you
have any questions. Tuesdays and Wednesdays, I am
at Newport Dunes at (714) 729-3863, and the remainder
of the week I am at our San Diego office. The number
there is (619) 488-0551.
Si,Kcej1e
Assistant�Vice)President
RHG:mjo
cc: Tom Rossmiller, Orange County EMA/HBP
David L. Cherashore
DEPAR TMENT'0F THE ARMY PERMIT
Permittee:
Newport Dunes
c/o David L. Cherashore
998 West Mision Bay Drive
San Diego, California 92109
(619) 488-0551
Permit Number:
89 -235 -GS
Issuing Office:
Los Angeles District
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any
future transferee. The term "this office" refers to the appropriate district or diviiion office
of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate
official acting under the authority of the commanding officer.
You are author i zed. to per form work in accordance w i th the terms and cond it ions 5pec if ied below
and the attached drawings.
Project Description: (1) Replace and expand existing 230 slip marina with 430 slip marina,
including a pedestrian bridge spanning the swimming lagoon; (2) replace the existing rental dock;
(3) replace and relocate the existing convenience docks at the launch ramp; (4) replace and
expand the existing 12 slip transient (short-term) docks with IS slips; (5) dredge, as needed,
the east pier at pedestrian bridge, channel northwest of launch ramp, and north end of transient
docks; (6) discharge 18,000 cubic yards of sand on the beach between -6 MLLW and +10 MILLW; (7)
create 26,700 square feet of intertidal habitat on Sheilmaker Island, in the Upper Newport Bay
Ecological Reserve, (see drawing in file)l
Project Location: Upper Newport Bay at '131 Back Bay D,ive, Newport Beach, Orange County,
California (see attached drawings).
Permit Conditions
General Conditions:
1. The time limit for completing the authorized activity ends on March 22, 1993. if you find
that you need more time to complete the authorized activity, submit your request for a time
extension to this office for consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance
with the terms and conditions of this permit. You are not relieved of this requirement if you
abandon the permitted activity, although you may make a good faith transfer to a third party in
compliance with General Condition 4 below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification from this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown h ' istoric or archeological remains while accomplishing
the activity authorized by this permit, you must immediately notify this office of what you have
found. We will initiate the Federal and state coordination required to determine if the remains
warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the
new owner in the space provided and forward a copy of the permit to this office to validate the
transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this permit.
For your convenience, a copy of the certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any
time deemed necessary to ensure that it is being or has been accomplished with the terms and
conditions of your permit.
Special Conditions: See attached sheet(s).
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described
above pursuant to:
Structures or work in or affecting navigable waters of the United States - Section 10,
River and Harbor Act of 1899 (33 U.S.C. 403).
Discharge.of dredged or fill material into waters of the United States - Section 404,
Clean Water Act (33 U.S.C. 1344).
2. Limits of this authorization.
M
a. This permit does not obviate the need to obtain other Federal, state, or local
authorizations required by law. I
b. This permit does not grant any property rights or exclusive priviteges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize Interference with any existing or proposed Federal
project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit.
d. Design or construction deficiencies with the permitted work.
Damage claims associated with any future modification, suspension, or revocation of this
permi
4, Reliance on Applicant's Data: The determination of this office that issuance of this permit
is not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at
any time the circumstances warrant. Circumstances that could require a reevaluation include, but
are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been
false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to Use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such
as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for
the issuance of an administrative order requiring you to comply with the terms and conditions of
your permit and for the initiation of legal action where appropriate. You will be required to
pay for any corrective measure ordered by this office, and if you fail to comply with such
directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition I establishes a time limit for the completion of the activity
authorized by this.permit. Unless there are circumstances requiring either a prompt completion
of the authorized activity or a reevaluation of the public interest decision, the Corps will
normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms
and conditions of this permit.
(PERM I TTEE ffAI( 9 (DATE
.q�, Y,ca- WwEj
This permit becomes effective when the f Federa� official, designated to act for the Secretary of
the Army, has signed below.
( jV vv,�, , A &
-L,-1 6-1" IcIv6
CHARLES M. HOLT (DATE)
Chief, Regulatory Branch
(for the District Engineer)
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on
the new owner(s) of the property. To validate the transfer of this permit and the associates
liabilities associated with compliance with its terms and conditions, have the transferee sign
and date below.
(TRANSFEREE)
(DATE )
SPECIAL CONDITIONS
PERMIT'NO. 89 -235 -GS
1. That the applicant shall create 26,700 square feet of intertidal
habitat on Shellmaker Island, in the Upper Newport Bay Ecological Reserve,
(see drawing in file), concurrent with or in advance of the proposed
project. All dredged material shall be disposed of inland.
2. That the applicant shall post permanent signs at each dock access
notifying the public of speed limits, the preclusion of sewage and trash
discharges, and the ecological sensitivity of the Upper Newport Bay Ecological
reserve.
3. That the permittae shall Notify the Commander (oan) Eleventh Coast
Guard District, Union Bank Building, 400 Ocean Gate, Long Beach, California
90822, (213) 499-5410 at least 2 weeks prior to start of the activity and 30
days if buoys are to be placed. The notification should include the following
information: 1. The location of the work site. 2- The size.and type of
equipment that will be performing the work. 3. Name and radio call signs for
working vessels, if applicable. 4. Telephone number for on-site contact with
project engineers. 5. The schedule for completing the project. A copy of
the post survey drawings shall be sent to the National Ocean Service for chart
updating to the following address: Director; Charting and Geodetic Services;
ATTENTION: N/CG22; National Ocean Service, NOAA; Rockville, Maryland 20852-
3806.
4. That this permit is not valid until the California Coastal Commission
concurs that this project is consistent with the State of California's Coastal
Zone Management. Program.
5. That the permitted activity shall not interfere with the public's
right to free navigation on all navigable waters of the United States.
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
PO. BOX 1768, NEWPORT BEACH, CA 92659-1768
Mr. David L. Cherashore
Newport Dunes
1131 Back Bay
Newport Beach,
(714) 644-3131
February 27, 1990
Drive
California 92660
Re: Newport Dunes Water Quality Study
Dear David:
The City Council approved the Newport Dunes Water Quality
Study on February 26, 1990. Council approval was subject to
written confirmation from Newport Dunes of your commitment to
regularly remove surface debris trapped in and around the
improvements constructed at the mouth of the swimming lagoon.
Please forward written confirmation to this office with copies to
the Planning Department and Marine Department.
Ver truly yours,
ly,
kert H- Burnham
City Attorney
RHB: j g
cc: Dana Aslami, Planning Department
Jim Hewicker, Planning Director
Tony Melum, Marine Department
3300 Newport Boulevard, Newport Beach
F 9 (a) 7e
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
February 16, 1990
TO: Mayor and Members of the City Council
FROM: Robert H. Burnham
SUBJ: Newport Dunes Settlement Agreement
Water Quality Study
The Newport Dunes Settlement Agreement requires the owner to
prepare a Water Quality Study prior to constructing any
improvements in the mouth of the swimming lagoon. This requirement
stemmed from a concern that the construction of slips and/or the
pedestrian bridge could reduce tidal flushing action.
The consultant for Newport Dunes has completed the Water
Quality Study and a copy is attached as Exhibit A. The City has,
in the past, used this consultant to analyze water quality impacts
and staff believes the consultant is qualified to conduct the
study. The consultant has concluded that the proposed improvements
will have "a minimal impact on tidal flows in and out of the
lagoon." In fact, water quality may be slightly improved as a
result of the turbulence created by the structures. The dredging
of the area north of the improvements may reduce tidal current
velocity by 115 to 10 percent" but this reduction will be offset by
the slight increase in the depth of the channel through which water
flows.
Staff also asked the consultant to analyze the impact of the
structures on surface debris. As one would expect, the consultant
concluded the improvements would "increase the chance of trapping
any surface floating material .... 11 Newport Dunes has agreed to
manually remove debris on a regular basis and this should have the
effect of reducing surface debris in the Upper and Lower Bay.
- 2 -
RECOMMENDATION:
It is recommended the City Council approve the Water Quality
Study prepared by Noble Consultants subject to written confirmation
from Newport Dunes of their commitment to regularly remove surface
debris trapped in and around the improvements.
-Ai ---------
Robert H. Bur
City Attorney
M�
Attachment
INOBLE
C 0 N
7 S U L T A N T S
January 16, 1990
Mr. Robert H. Gleason
Newport Dunes
1131 Back Bay Drive
Newport Beach, CA 92660
Re: Water Quality Study
Dear Mr. Gleason:
NCI No. 663-01
This letter report summarizes our results of a water quality study
conducted to assess potential impacts associated with the proposed
recreational marina improvements at the Newport Dunes Resort. Our
scope of services was conducted in accordance with our letter
proposal, dated December 22, 1989. The purpose of this investigat-
ion was to assess the general water quality concerns as a result
of the -construction of water -related amenities at the resort.
The city of Newport Beach has requested an assessment of water
quality impact associated with the above-mentioned improvements.
The specific items of interest were listed in a letter from
Robert H. Burnham of the City of Newport Beach, dated December 21,
1989. This report was directed to respond to those questions
reproduced below:
The extent to which construction of the pedestrian bridge
and/or slips at the mouth of the lagoon will restrict
tidal flows in and out of the swimming lagoon;
2. The extent to which construction in the mouth of the
lagoon will trap surface material within the swimming
area;
3. Assuming some reduction in tidal flows resulting from
construction in the mouth of the lagoon, identification
of mitigation measures that would minimize restriction
on tidal flows or improve water quality by reducing the
extent to which pollutants enter the swimming lagoon;
-3944
Ej ioo,',iio9I.I.]NF 11IGHWAY, SUFFE 11-;96, MILL VALLEY, CA 94941-3610 415/331
41 2201 DUPONF DRIVE, SUITE 620, IRVINE, CALIFORNIA 927,15-1515 7141752-1530
Pi
N 0 B 1. 1: C ONS 11 LTA N I'S
Robert H. Gleason
Newport Dunes
January 16, 1990
Page 2
4. Assuming the construction will trap surface pollutants,
measures and procedures available to remove these
pollutants from the swimming lagoon; and
5. The extent to which dredging for boat slips or other
activities in the lagoon will increase the time required
for complete tidal turnover of water in the lagoon.
Site Description
The Newport Dunes study area, as shown in Figure 1, occupies
approximately 96 acres located within the southern portion of upper
Newport Bay, north of pacific Coast Highway and west of Jamboree
Road. The water -related components of the existing facility
consist of a boat -launching ramp, a marina, and a swimming lagoon.
The lagoon, with an approximate dimension of 800 feet wide by 1,200
feet long, is connected to the main navigation channel through a
350 feet wide by 300 feet long entrance channel.
The master plan proposes construction of 90 additional slips at the
mouth of the Newport Dunes Lagoon and approximately 110 additional
slips within the existing 211 slip marina. The construction will
be performed by extending the length of the existing main walkways
and constructing two new piers at the entrance to the swimming
lagoon. To accommodate the new wet storage area at the mouth of
the lagoon, about 15,500 cubic yards of material will be dredged
to establish a controlling depth of -8 feet, MLLW. Access at the
resort is proposed for improvement via a pedestrian bridge that
will span the lagoon entrance. The t1mber structure will be
supported by two -pile bents spaced at 30 feet intervals. The plan
sketch is illustrated in Figure 1.
Tidal Flow Pattern
Tides in the Newport Bay are characteri2�ed as mixed semidiurnal and
consist of two unequal high tides and two unequal low tides each
day. The typical tidal range for the study area is about six feet
with the tidal exchange between the ocean and the bay taking place
through the main navigation channel.
4
I
NOBLE CONSIILTANTS
Robert H. Gleason
Newport Dunes
January 16, 1990
Page 3
The entire upper Newport Day experiences semidiurnal tides with a
tidal prism of about 1,500 acre feet'. Rapid fresh seawater
exchanges of the upper bay through the main navigation channel
occurs and a complete turnover is estimated to occur within a few
tidal cycles. It was estimated that the mean residence time of
water in the upper bay is about 1.7 days'. The duration for a
complete tidal exchange in the lagoon is slower since it is not
located within the course of the main tidal flow which is the
primary mechanism for tidal exchange.
In order to estimate the circulation patterns within the pro.-ject
site, visual observations were made on December 29, 1989 during
peak ebb flow conditions. Preliminary field observations indicate
that current velocity of tidal exchange through the entrance of the
lagoon is considerably slower than the ebb flow observed in the
main navigation channel. Figure 2 illustrates the estimated flow
pattern during an ebb tide condition. The current pattern on the
ea-st side of the entrance appears to flow toward the area of state
ecological reserve peninsula. The water column on the marina side
tends to be directed toward the main navigation channel and merge
into the main tidal flow. The tidal current at the entrance to the
lagoon was estimated to be less than 0.1 feet per second by
monitoring floatable traces; and the duration of a complete turn-
over of water in the lagoon was estimated to be approximately two
days. Although the field observations were not performed in a
flood tide condition, it is felt that under a flood tide, a slow
tidal current at the mouth of the swimming lagoon is expected as
well. Because of the relatively small current velocity, wind -
drifted surface flow may be significant in the east side of the
entrance.
impacts on Water Quality
Given the above -discussed assumption of tidal flow conditions, the
following paragraphs summarize development impacts.
1 EIR, Newport Dunes Development, 1980
NOBLE CONSULTANTS
Robert H. Gleason
Newport Dunes
January 16, 1990
Page 4
Pedestrian Bridge construction and Marina Expansion on
The pedestrian bridge will be support ed by two parallel 12 -inch
diameter piles on a 30 foot span. The timber docks for boat slips
will float on the water surface in accordance with the tidal range.
The bridge and the docks are estimated to not appreciably reduce
seawater exchange since they do not act as a dam and block the
tidal flow. The observed low velocity flow pattern within the
swimming lagoon suggests that the basin raises and lowers more in
response to the tide wave frequency as opposed to direct water
discharge. As a consequence, the tidal cycle is not appreciably
effected by the proposed structures. There may be some increase
in mixing of the water flow exchange due to turbulence which would
be beneficial. However, because of the overall low flow velocit-
ies, this effect is considered to be minor.
impacts on Trapping the surface Floatinq Material
Floating debris is estimated to primarily originate from upstream
sources or to a lesser extent from within the swimming lagoon area.
it was noted during the December 29 field observation that no
delivery of debris from upstream areas of Newport Bay is likely to
propagate into the swimming lagoon area unless strong, persistent
northerly winds exist. This is estimated on the basis of the pre-
dominant downstream flow pattern in the main channel that bypasses
the Newport Dunes area. in general, a prevailing westerly wind
tends to set up a surface flow pattern that would drive debris out
of the lagoon. The additional slips and boats would tend to
increase the chance of trapping any surface floating material in
and out of the lagoon. As a result the slips would tend to provide
a means to trap debris for subsequent removal. The regular clean-
up of the floating debris in the boat and slip area can be perform-
ed to remove trapped debris. No debris comes in during ebb flow
conditions.
0
NOBLE CONSULTANTS
Robert H. Gleason
Newport Dunes
January 16, 1990
Page 5
es to Minimize Restriction on
Because the proposed improvements are estimated to have a minimal
impact on the existing circulation of the lagoon, the need for
mitigation measures to minimize restricted flow conditions is not
necessary. Some improvements might be obtained if surface water
runoff from the upland areas of the lagoon is directed to points
of discharge closer to the main channel. This recommendation has
been previously addressed and was implemented during recent
construction activity to the maximum extent practical.
Alternatives of Removing the Surface Pollutants
Based upon the field observation, the surface pollutants and
floating debris are likely to be trapped at Areas A and B, as
illustrated in Figure 3, after completion of the project. It is
believed that the majority of the floating debris will be trapped
in Area A. Accumulated debris may simply be removed manually at
regular intervals.
impacts of Dredging on the Exchange of Lagoon Water
Dredging will be conducted north of the pedestrian bridge, as
necessary, to construct 90 boat slips. Approximately 15,500 cubic
yards will be dredged at the mouth of the lagoon to accommodate the
slip construction. it is estimated that the nominal deepening
would not alter the tidal prism inside the swimming lagoon because
the circulation is mainly related to long period tide wave propa-
gation as opposed to water discharge. The average tidal current
velocity would be decreased as a result of deepening the lagoon
entrance. However, it is estimated that the velocity would be
reduced by about five to ten percent over existing conditions.
Therefore, -'it would have little effect, if any, on the exchange of
lagoon water.
VA
NOBLE CONSULTANTS
Robert H. Gleason
Newport Dunes
January 16, 1990
Page 6
This completes our assessment of project impacts on water quality
and alternative recommendations to preserve /improve the water
quality in the swimming lagoon. Please contact us should you have
any questions regarding the information presented in the report.
Sincerely,
CONSULTANTS, INC.
TJonre P. E. Chia -Chi 1,11, Ph.D.
oo in
'_'n. Engineer
�'r
or Enf ear
: CCL; s lh
Attachments: Figure 1
Figure 2
Figure 3
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U �Ell NEWP-O
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OPOSED
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PPDESTRIAN BRIDGE
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AWATIC PARK
STUDY SITE
REFERENCE: KATIONAL OCEAN SURVEY, NO. 19754. 19W INOBLE-1
1 4701111 ULTASKYS 1[ FIGURE I
41
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X001110"xt ooAr stj;_�o� -� iAT SLIP
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REFERENCE: kATIOK&L OCEAN SURVEY, NO. 111r7Mo 1960
IG
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BOAT
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FIGURE 2
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— IL ps
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SURFACE 1AATERIAL TRAPPED AREA
REFERENCE: X&TIOR&L O-CEAN SURVEY. NO- I"- 12bo
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UM FIGURE 3
IF% a v L T
STATE,OF CALIFORNIA-TKE RESOURCES AGENCY' GEORGE DEUKMEJIAN, C��r
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA
2A5 WEST BROADWAY, SUITE 380
LONG BEACH, CA 90802
(213) 590-50711
AMENDMENT TO-COASTAL-DEVEtOPMENT-PERMIT
Date- February 14, 1990
Permit Number 5-83-962 -is�uod-to-*-NEWPORT-OUNES,&.COUNTY U ORANGE
for Original project consisted ofa*redevelopment of and an addition to the
72 acre Newport Dunes aquatic park-including-a�275 rOom family run inn, 430
slip marina, 310 unit recreational vehicle park, 300 unit boat s , torage, 10
boat launch ramps and a.m.arina busines,s-building.-
at North of Pacific Coast Hi:ghway�-and west�cf-Jamboree Road in I the City of
Newport Beach.
has been amended to include the following -changes: '
Changes approved by this amendment - consist of'Des� 1 n of Amen en'
Increase the RV park by 134 units,-delete�-146-50 squag 'f ot WrTTbfliness—
buil,ding, relocate the 5000 square f oo I t'-re5t�i.tiraiht--t6'ttf6'wes,t 5ide of -the:
lagoon,. replace the stacked dry -boat �stdrage-'Vith--at�gj-ade -storage,- relocate...
the operation center and maintenance -building;--te�build--the Anthony's
restaurant to 15,000 square feet. in public service -area, implement an access
management and si.gn plan, and reconstruct the marine repair and.coffee shop.
Description of Amendment #2: Demolish and replace two restrooms, add entry
gate withgate house, dredge 50,000 cubic yards of accumulated sediment in
existing marina area, remove upland fill on Shellmaker Island to create 26,700
square feet of new intertidal.habitat and spread suitable d,redge spoils onto
the sandy beach portions of the aquatic park around the perimeter of the
lagoon.
5-83--9.62
Page 2
This amendment will become -eff ective�'tfgwf- return -of -a -signed copy of this form
to the Commission office. Please 'hateF-that-the -original. permit conditions
unaffected by this a.mendment-are:'-s�ii-i-iff�e�ff6tt-.,---
PETER M."DOUGLAS
Executive Director
Title:'—' Staff Analyst
ACKNOWLEDGMENT
I have read and understand the 'a4dve'-ameridment "an -d -agree. to,..be- bound- by. -the -
conditions as amended of Pe.rmit:-No-.--- 1-5�83--962=)
2 -Si e
Date— 14, qu 9,nat.ur
0288M:VK/gf
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
REPLYTO
A�ENTION OF-- February 12, 1990
Office of the Chief
Regulatory Branch
Newport Dunes
ATTN: David Cherashore
1131 Back Bay Drive
Newport Beach, California, 92660
Dear Mr. Cherashore:
Reference is made to your request of December 20, 1989 (Permit no. 90 -116 -
GS). Under the provisions of Section 1.0 of the Rivers and Harbors Act of
March 3, 1899 (33 U.S-C. 403.), you are hereby authorized to construct a 120 -
foot boat dock, and a 90 -foot pedestrian promenade bridge connection in
Newport Bay at.1131 Back Bay Drive, Newport Beach, Orange County, California,
as shown on the enclosed drawings and subject to the enclosed conditions.
The owner or authorized responsible official must sign and date all copies
of this Letter of Permission (LOP) indicating that he/she agrees to the work
as described and to comply with all conditions. One of the signed copies of
this Letter of Permission must be returned.to the Corps of Engineers -(a pre -
addressed envelope is enclosed for your convenience). Notice of the
commencement of the activity must reach this office at least 10 days before
the activity actually starts. Please use the enclosed card. ,
Sincerely,
Charles M. Holt, P.E.
Chief, Regulatory Branch
r
1 (DATE)
When the structures or work authorized by this permit are still in
existence at the time the property is transferred, the terms and conditions of
this LOP will continue to be binding on the new owner(s) of the property To
v.alidate the transfer of this permit and the associates liabilities associated
with compliance with its terms a,nd conditions, have the transferee sign and
date below.
(TRANSFEREE)
(DATE)
Enclosure
PERMIT CONDITIONS
PERM.I,TNO. 90-116--�GS
General Conditions:
I. The time limit for completing the authorized activity ends on February 12, 1993. If you,
find that you need more time to complete the authori zed activity, submit your request for a time
extension to this office for consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith transfer
to a third party in comprliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith
transfer, you must obtain a modification from this permit from this office, which may require
restoration of the area.
3. If you discover any previously unknown historic or archeolog7cai rennains while accomplishing
the activity authorized by this permit, you must immediately notify this office of what you have
found. We will initiate the Fe.de ral and state coordination required to determine if the I remeins
warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the
hew owner in the space provided and forward a copy of the permit to this office to validate the
transfer of this authorization.
5, lf.a conditioned water quality certification hes been issued for your project, you must
comply with the conditions specified in the certification as special conciltions to this
permit. For your convenilence, a copy of the certification is attached if it contains such
conditions.
6. You must allow representatives from this office to inspect the authorized activity at any
time deemed necessary to ensure that it is being or has been accomplished with the terms.and
conditions of your permit.
Special Conditions; See attached sheet.
III. Further Information:
I. Congressional Auth itie5: You have been authorized to undertake the activity described
above pursuant to S act n 10 of the Rivers and Harbors Act of 1899 (33 U. 5 C. 403).
2. Limits of this
a. This permit
authorizations
b. This permit
c. This permit
d. This permit
project.
izatfon.
not obviate the need to obtain other Federal, state, or local
red by law.
not grant any property rights or exclusive privileges.
not authorize any injury to the property.or rights of others.
not authorize interference with any existing or proposed Federal
3. Limits of Federal Liability. In issui.ng this permit, the Federal Government does not assume
any liability for the following:
a. Damages to the permittedproject or uses thereof as a result of other permitted or
activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the publi,c interest.
c. Damages to persons, property, or to other permitted or unipermitted activities or
structures caused by the activity authorized by this,permit.
d. Design or construction deficiencies with the permitted work.
a. Damage claims associated with any future modification, suspension, or revocation of this
permit.
4. Reliance on Applicant's Data: The determination of,th'5 office that issuance of this permit
is not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at
any time the circumstances warrant. Circumstances that could require a reevaluation include,
but are not limited,to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit appi
ication proves to have
been false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching.the
original public interest decision.
Such a reevaluation may.result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such
as those contained I n 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for
the issuance of an administrative order requiring you to comply with the terms and conditi ons of
your permit and for the initiation of legal action where appropriate. You will be required to
pay for any corrective me asure ordered by this office, and if you fail to comply with such
directive, this office may in certain situations (such as.those specified in 321 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost,
6. Extensions. General condition I estabi is.hes a time I imit for the completion of the activity
authorized by this permit. Unless there are circumstances requiring either a prompt comRletion
of the authorized activity or a reevaluation of the public interest decision, the Corps will
normally give favorable consideration to a request for an extension of this,time limit.
SPECIAL CONDITIONS
PERMIT NO. 90 -116 -GS
1. That the permitted activity shall not interfere with the public's right to free navigation on
all navigable waters of the United States.,
2. That the permittee shall Notify the Commander (can) Eleventh Coast Guard District, Union Bank
Building, 400 Ocean Gate, Long Beach, California 90822, (213) 499-5410 at least 2 weeks prior to
start of the activity and 30 days if buoys are to be placed. The notification should include the
following information: 1. The location ofthe work site. 2. The size and type of equipment that
will be performing the work. 3. Name and radio call signsfor working vessels, , if applicable.
4. Telephone number for on-site contact with project engineers. 5. The schedule for completing the
project. A copy of the post survey drawings shall be sent to the National Ocean Service for chart
updating to the following addre.5s.: Director; Charting and Geodetic Services; ATTENTION: N/CG22,-
National Ocean Service, NOAA; Rockville, Mary.land 20852-3806.
3. That this permit is not valid until the California Coastal Commissi I on concurs that this
project is consistent with the State of Ca'lifornJals Coastal Zone Management Program.
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDU
January 18, 1990
TO: Sandy Genis, Planning Department
Tony Melum, Marine Department
Pat Temple, Principal Planner
Don Webb, City Engineer
FROM: Robert H. Burnham
SUBJ: Newport Dunes Water Quality Study
I have attached a copy of the Water Quality Study submitted by
Newport Dunes. The report concludes construction of the pedestrian
bridge and slips in the mouth of the lagoon will not significantly
impact tidal exchange. Assuming you are all satisfied with the
report, I will place the item on the Consent Calendar for 2/12/90
with a recommendation for approval subject to construction of the
bridge as described in the report and a program for regular pickup
of surface debris.
UltY Attorney
RHB: j g
NOBLE
C 0 N S U L T A N T S.
January 16, 1990 NCI No. 663-01
Mr. Robert H. Gleason
Newport Dunes
1131 Back Bay Drive
Newport Beach, CA 92660
Re: Water Quality Study
Dear Mr. Gleason:
This letter report summarizes our results of a water quality study
conducted to assess potential impacts associated with the proposed
recreational marina improvements at the Newport Dunes Resort. Our
scope of services was conducted in accordance with our letter
proposal, dated December 22, 1989. The purpose of this investigat-
ion was to assess the general water quality concerns as a result
of the construction of water -related amenities at the resort.
The City of Newport teach has requested an assessment of water
quality impact associated with the above-mentioned improvements.
The specific items of interest were listed in a fetter from
Robert H. Burnham of the city of Newport 'Beach, dated December 21,
1989. This report was directed to respond to those questions
reproduced below:
1. The extent to which construction of the pedestrian bridge
and/or slips at the mouth of the lagoon will restrict
tidal flows in and out of the swimming lagoon;
2. The extent to which construction in the mouth of the
lagoon will trap surface material within the swimming
area;
3. Assuming some reduction in tidal flows resulting from
construction in the mouth of the lagoon, identification
of mitigation measures that would minimize restriction
on tidal flows or improve water quality by reducing the
extent to which pollutants enter the swimming lagoon;
100SHORFLINE HIG.11WAY, SUITE B-386, MILL VALLEY, CA 94941-3610 415/331-3944
f4fl 2201 DUPON'r Dizivr, surn; 620, IRVINE, CALIFORNIA 92715-1515 714/752-1530
I
NOBLE CONSULTANTS
Robert H. Gleason
Newport Dunes
January 16, 1990
Page 2
4. Assuming the construction will trap surface pollutants,
measures and procedures available- to remove these
pollutants f rom the swimming lagoon.; -and
5. The extent to which dredging f or boat slips or other
activities in the lagoon will increase the. time required
for complete tidal turnover of water in the lagoon.
Site Description
The Newport Dunes study area, as shown in Figure 1, occupies
approximately 96 acres located within the. southern portion of upper
Newport Bay, north of Pacific Qoast Highway and west of Jamboree
Road. The water -related components of the existing facility
consi st of a boat -launching ramp, a marina, and a swimming lagoon.
The lagoon, with an approximate dimension of SOD feet wide by 1,200
feet long-, is connected to the main navigation channelthrough a
350 feet wide by 300 feet long entrance.channel.
the master plan proposes construction of 90 additional slips at the
mouth of the Newport Dunes Lagoon and approximately 110 additional
slips within the existing 211 slip marina. The construction will
be performed by extending the length of the existing main walkways
and constructing two new piers at the entrance to the swimming
lagoon. To accommodate the new wet storage area at the mouth of
the lagoon, about 15,500 cubic yards of material will be dredged
to establish a controlling depth of -8 feet, MLLW. Access at the
resort is proposed for improvement via a pedestrian bridge that
will span the lagoon entrance. The timber structure will be
supported by two -pile bents spaced at 30 feet intervals. The plan
sketch is illustrated in Figure 1.
Tidal Flow Pattern
Tides in the Newport Bay are characteri2�ed as mixed semidiurnal and
consist of two unequal high tides and two unequal low tides each
day. The typical tidal range for the study area is about six feet
with the tidal exchange between the ocean and the bay taking place
through the main navigation channel.
NOBLE CONSULTANTS
Robert H. Gleason
Newport Dunes
January 16, 1990
Page 3
The entire upper Newport Bay experiences semidiurnal tides with a
tidal prism of about 1,500 acre feet'. Rapid fresh seawater
exchanges ' of the upper bay through the main navigation channel
occurs and a com lete turnover is estimated to occur within a few
�p
tidal cycles. it was estimated that the mean residence time of
water in the upper bay is about 1.7. days'. The duration for a
complete tidal exchange in the lagoon is slower since it is not
located within the course of the main tidal flow which is the
primary mechanism for tidal exchange.
ln�ordej:' to estimate the circulation patterns within the pro.-ject
site ' Visual observations were made on December 29, 1989 during
peak ebb flow conditions. Preliminary field observations indicate
that current velocity of tidal exchange through the entrance of the
lagoon is considerably slower than the ebb flow observed in the
main navigation channel. Figure 2 illustrates the estimated flow
''pattern during an ebb tide condition. The current pattern on the
east sid:6 of the entrance appears to flow toward the area of state
ecological reserve peninsula. The water column on the marina side
.tends to�be directed toward the main navigation channel and merge
-into the main tidal flow. The tidal current at the entrance to the
lagoon was estimated to be less than 0.1 feet per second by
monitoring floatable traces; and the duration of a complete turn-
over of water in the lagoon was estimated to be approximately two
days. Although the field observations were not performed in a
flood tide condition, it is felt that under a flood tide, a slow
tidal current at the mouth of the swimming lagoon is expected as
well. Because of the relatively small current velocity, wind -
drifted surface flow may be significant in the east side of the
entrance.
Impacts on Water Qualit
Given the above -discussed assumption of tidal flow conditions, the
following paragraphs summarize development impacts.
' EIR, Newport Dunes Development, 1980
NOBLE CONSULTANTS
Robert H. Gleason
Newport Dunes
January 16, 1990
Page 4
of Pedestrian
I -I--- -
and
The pedestrian bridge will be supported by two parallel 12 -inch
diameter piles on a 30 foot span. The timber docks for boat slips
w ill float on the water surface in accordance withthe tidal range.
The bridge and the docks are estimated to not appreciably reduce
seawater exchange since they do not act as a dam and block the
tidal flow. The observed low velocity flow pattern within the
swimming lagoon suggests that the basin raises and lowers more in..
res-oonse to the tide wave. frequency as opposed to direct water
discharge. As a consequence, the tidal cycle is not. appreciably
effected by the Proposed structures. There may be.some increase
in mixing of the water flow exchange due to turbulence which would
be beneficial. However, because of the overall low flow velocit-
ies, this effect is considered to be minor.
Impacts on Trapping the Surface Floating Material
Floating debris is estimated to primarily originate from upstream
sources or to a lesser extent from within the swimming lagoon area.
It was noted during the December 29 field observation that no
delivery of debris from upstream areas of Newport Bay is likely to
propagate into the swimming lagoon area unless strong, persistent
northerly winds exist. This is estimated on the basis of the pre-
dominant downstream flow pattern in themain channel that by-passes
the NewDort Dunes area. In general, a prevailing westerly wind
tends to set up a surface flow pattern that would drive debris out
of the lagoon. The additional slips and boats would tend to
increase the chance of trapping any surface floating material in
and out of the lagoon. As a result the slips would tend to provide
a means to trap debris for subsequent removal. The regular clean-
up of the floating debris in the boat and slip area can be perform-
ed to remove trapped debris. No debris comes in during ebb flow
conditions.
NOBLE CONSULTANTS
Robert H. Gleason
Newport Dunes
January 16, 1990
Page 5
Mitigation Measures to Minimize Restriction on Tidal Flows or
Because the proposed improvements are estimated to have a minimal
impact
on the existing circulation of the lagoon, the need for
measures to minimize restricted flow conditions is not
necessary. Some improvements might be obtained if surface water
runoff from the upland areas of the lagoon is directed to points
of discharge closer to the main channel. This recommendation has
been previously addressed and was implemented during recent
construction activity to the maximum extent practical.
Alternatives of Removing the Surface Pollutants
Based upon the field observation, the surface pollutants and
floating debris are likely to be trapped at Areas A and B, as
illustrated in Figure 3, after completion of the project. it is
,believed that the majority of the floating debris will be trapped
in Area A. Accumulated debris may simply be removed manually at
regular intervals.
Impacts of Dredging on the Exchange of Lagoon Water
Dredging will be conducted north of the pedestrian bridge, as
necessary, to construct 90 boat slips. Approximately 15,500 cubic
yards will be dredged at the mouth of the lagoon to accommodate the
slip construction. It is estimated that the nominal deepening
would not alter the tidal prism inside the swimming lagoon because
the circulation is mainly related to long period tide wave propa-
gation as opposed to water discharge. The average tidal current
velocity would be decreased as a result of deepening the lagoon
entrance. However, it is estimated that the velocity would be
reduced by about five to ten percent over existing conditions.
Therefore, it would have little effect, if any, on the exchange of
lagoon water.
NOBLE CONSULTANTS
Robert H. Gleason
Newport Dunes
January 16, 10-90
Page 6
This completes our assessment of project impacts on water quality
and alternative recommendations to preserve/ improve the water
quality in the swimming lagoon� Please contact us should you have
any questions regarding the information presented in the report.
Sincerely,
INOINE CONSULTANTS, INC.
Jon �. �4obre, P.E.
Seniior/Enqineer
: CCL: slh
Attachments: Figure 1
Figure 2
Figure 3
Chia -Chi Lul Ph.D.
Engineer
R NEW
13AY 7
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STA LOGICAL$'
...... PROPOSED ESERVE
WO�Tloo' 80A r S4.1 BOAT SLIPS
pi
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FE FROPOSED
SCALE 200 4w �EDESTRIAN BRIDGE
N
k
SWIMMING
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STUDY SITE
REFERENCE: NATIONAL OCEAN SURVEY, NO. 19754. 1960
NOBLEIrFIGURE I
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REFERENCE: NATIONAL OCEAN SURVEY, NO. 19754, 1260
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NEWPORT DUNES
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SURFACE MATERIAL TRAPPED AREA
REFERENCE: NATIONAL OCEAN SURVEY, NO. 19754, IWO
NOBLE
C 0 V & V L T A VT N FIGURE 3
I
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
December 27, 1989
Robert H. Gleason
Assistant V.P.
Newport Dunes
1131 Back Bay Drive
Newport Beach, CA 92660
Dear Mr. Gleason:
I have received your letter of December 11, 1989 regarding the
statement of accounts for the pier permit 0016�0101-1. We are in
the process of combining your two permits since they are now under
one ownership.
The permit for 16-101 was transferred November 23, 1989, based on
a request for transfer and with the payment of the appropriate fee.
As of that date there was an outstanding pier permit fee due of
$275 which is still due and payable. Please send those funds to
our finance department for that permit.
In the future all billings willbe under the permit 0018-0056.
If you have questions pleas call me at 644-3044.
Sincerly,
Tony M um
'71,
Tidelands Administrator
3300 Newport Boulevard, Newport Beach
-CITY -OF NM-WP�ORT�:�B
The Property description should bo,101
Bayside Ilewport Beach..
Thea:
Mailing address -.qhojjja,-
-be 9984.::-MIssion'Bay�Drive, S . an Die I go 9 - 2 - 0 1. 9
The owner name is Cherashore, D.L., Newport Dunes
Annual fee +
penalty owing is $275. This will change later in the year.
PeNy Wmted 0
Reply no tneceswry 13Y..
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
December 13, 1989
TO: Tony Melum, Marine Department
FROM: Robert H. Burnham
SUBJ: Newport Dunes Redevelopment
I have no objection to the Newport Dunes proposal to submit new
slip fees in two equal payments. I have prepared a draft letter
regarding the Water Quality Study and have submitted it to Sandy
Genis, Pat Temple, Don Webb and Dave Harshbarger for their review
and comment. I would appreciate your input as well. Once I have
received comments from all interested staff members, the final
letter will be transmitted to the Dunes with a copy for your file.
RHB: i g
December 11, 1989
Mr. Tony Melum
Tidelands Administrator
City of Newport Beach
Marine Department
P.O. Box 1768
Newport Beach, CA 92658-8915
Re: Statement of Account
Pier Permit 0016-0101-1
Dear Tony:
Enclosed please find the Statement of Account I just
received for the annual renewal of Pier Pemit
0016-0101-1.
It is my understanding that we currently have two
permits, the original Newport Dunes Permit (#18-56)
and the permit for Marina Dunes (#16-101) which was
recently transferred to the new owner, David L.
Cherashore. Per our conversation of Friday, we will
be combining these two permits under one number for
the entire property, including both phases of the
proposed redevelopment. For this purpose, we will
utilize the Newport Dunes permit, #18-56. Accordingly,
I am returning this statement for renewal of the
former Marina Dunes permit; please adjust your billings
to reflect this agreement.
I apologize for the misunderstanding concerning these
permits, but hope that this will finally resolve
the situation. If you have any questions, please
call me at (619)488-0551.
H .
Assis
ident
RHG: ma
cc: David L. Cherashore, Newport Dunes Marina
1131 Back Bay Drive - Newport Beach, California 92660 - (714) 729 -DUNE
City of Newport Beach
3300 NEWPORT BOULEVARD STATEMENT
NEWPORT 8EACH, CALIFORNIA 92663-3884 OF
FINANCE DEPT. 714-644-3121 ACCOUNT
PLEASE RETURN WITH PAYMENT
LOCATION% 101 N RAYSIUC ril
q9A W MISSTON R.Ay nx
1AN r1FQi0j CA 9/109
Please make check payable to City of Newport Beach. Direct
all correspondence to Finance Director, City of Newport
Beach, 3300 Newport Blvd., Newport Beach.
5T,NTEMENT RATE
1 '-, I �-' "
AMOUN
,T%`:T T Iij]RTtS TO 'JPONT 11 rl�-PT:
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LOCATION% 101 N RAYSIUC ril
q9A W MISSTON R.Ay nx
1AN r1FQi0j CA 9/109
Please make check payable to City of Newport Beach. Direct
all correspondence to Finance Director, City of Newport
Beach, 3300 Newport Blvd., Newport Beach.
5T,NTEMENT RATE
1 '-, I �-' "
City of Newport Beach
3300 NEWPORT BOULEVARD STATEMENT
NEWPORT LEACH, CALIFORNIA 92663-3884 OF
FINANCE DEPT 714-644-3121 ACCOUNT PLEASE RETURN WITH PAYMENT
AMOUNT
J Ilk F (T T i-Alu I R I E S TO M Ak 1 0 f -P T 7 1 4 L+ –3 � 4��
r 1�.–r 1 ;1– 1
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�N.Cr VIT11 1HL hiWOOPT �rACN PAJ�lTfTdAL RrSOL(JILD-.' '�7:,-.
LOCATION% 101 N BAYSIUE no
CHERASHORL I JI-OWIPATOUNES
99A W MISSTUN RAY n8
SAN rlEoof CA 92109%
Please make check payable to City of Newport Beach. Direct
all correspondence to Finance Director, City of Newport
Beach, 3300 Newport Blvd., Newport Beach.
SIAJEMENT RATE
City of Newport Beach
3300 NEWPORT BOULEVARD STATEMENT
NEWPORT -t;EACH, CALIFORNIA 92663-3884 OF
FINANCE DEPT 714-644-3121 ACCOUNT
PLEASE RETURN WITH PAYMENT
AMOUNT
C T T -4 1 U I R T r S Tu M Ak TA r El I- P T .17 14 4 4 - 3
�'�L A L p F pw E T �_3rj�—n'L .1-1 1/ i / i 9
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LOCATIONt 101 N SAY51uc noll
rHFRA.%H0RCj0LvNWPRT0UNF5
99A W MISSTON 9AY Dk
SAN IIIE00t CA 9,e109%
Please make check payable to City of Newport Beach. Direct
all correspondence to Finance Director, City of Newport
Beach, 3300 Newport Blvd., Newport Beach.
?T6TEMENT VATE
If. r 7
December 12, 1989
Mr. David L. Cherashore
Newport Dunes
1131 Back Bay
Newport Beach,
Drive
California 92660
Re: Water Quality Study
Dear David:
This letter is in response to your inquiries regarding the
Water Quality Study referenced on page 8 of the amended Newport
Dunes Settlement Agreement. . I have reviewed those provisions of
Final EIR #230 that pertain to water quality in the swimming
lagoon and which prompted the City's concerns over the impact of
construction at the mouth of the lagoon. Planning staff has
conducted a similar review. In our opinion, the Water Quality
Study should address the following:
1. The extent to which construction of the pedestrian
bridge and/or slips at the mouth of the lagoon will restrict tidal
flows in and out of the swimming lagoon.
2. The extent to which construction in the mouth of the
lagoon will trap surface material within the swimming area.
3. Assuming some reduction in tidal flows resulting from
construction in the mouth of the lagoon, identification of
mitigation measures that would minimize restriction on tidal flows
or improve water quality by reducing the extent to which
pollutants enter the swimming lagoon.
4. Assuming the construction will trap surface.
pollutants, measures and procedures available to remove these
pollutants from the swimming lagoon.
Mr. David L. Cherashore
December 12, 1989
Page 2
I have enclosed a copy of those section of EIR #230 reviewed by
City staff. I intend to discuss the Water Quality Study with the
Marine and Public Works Departments. These departments nay offer
additional suggestions regarding the issues to be analyzed or the
information to be presented.
Very truly yours,
Robert H. Burnham
City Attorney
RHB: j g
Enclosure
CITY OF NEWPORT BEACH
Marine Department
December 6 , 1989
TO: CITY ATTORNEY
FROM: Marine Department
SUBJECT: NEWPORT DUNES DOCK REDEVELOPMENT/AMENDED
NEWPORT DUNES SETTLEMENT AGREEMENT
Attached is a copy of a letter dated November 8, 1989 that I sent
to the principals in Newport Dunes. Also attached is their
response dated December 4, 1989.
Questions are: (1) As regards the water quality issues, they
suggest in their letter that is being handled with you, Pat Temple
and Sandra Genis. I need to know how to proceed from �here before
issuing the final permit, and
(2) They want to pay the fee in two payments. Do
you find this to be acceptable?
Please let me know how to proceed.
Tonyft-e4�1 3m
Tidelands Administrator
December 4, 1989
Mr. Tony Melum
Tidelands Administrator
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658
Re: Newport Dunes Marina
Harbor Permit 18-56
Dear Tony:
I am in receipt of your November 8, 1989 letter to
Mr. David Cherashore concerning modifications to
the above-mentioned permit in conjunction with Phases I
and II of the Newport Dunes redevelopment project.
First, as concerns other discretionary approvals,
I understand that the City Public Works Department
has reviewed and approved all plans and specifications
for both phases. A Coastal Development Permit
(5-83-962) was issued for the original project in
January, 1984 and subsequently amended in February,
1989. 1 have enclosed a copy of both the permit
and the amendment for your files. Additionally,
a U.S. Army Corps of Engineers Permit is in the works
for the entire project and will be forwarded to you
once it is made available.
Second, the plans are in compliance with the Amended
Newport Dunes Settlement Agreement, specifically
Section I.H. which discusses new marine improvements.
I will address these issues according to their order
and number in the Settlement Agreement:
1. We are currently discussing the requirement for
the referenced water quality study with Bob
Burnham, Pat Temple, and Sandra Genis. Once
they have determined a scope of work, I will
coordinate this study with you as well to determine
an estimated time frame.
1131 Back Bay Drive - Newport Beach, California 92660 - (714) 729 -DUNE
Mr. Tony Melum
December 4, 1989
Page Two
2. The slips shown on the plans in the mouth of
the lagoon are 28 feet in length; boats mooring
in these slips will be restricted to this length.
3. The slips in the mouth of the lagoon have been
designed as we are best able to ensure that there
is a minimal interruption of tidal flow into
and out of the lagoon.
4. No overnight occupancy will be allowed an these
boats and Newport Dunes will make every attempt
to enforce this rule.
5. The pedestrian bridge is elevated above the water
surface and built on pilings and does contain
a removable section to facilitate the entry of
dredging equipment.
6. A pump -out station has been provided at the
end of F Dock in the marina for the convenience
of boaters.
7. This mentions the chartering of vessels for
commercial purposes; Newport Dunes is not currently
proposing this activity at this time, but would
like to keep this option available for future
consideration.
Third, there is the matter of fees. Per the terms
of the Settlement Agreement, there is a $100,000
Traffic Phasing ordinance/Fair Share fee associated
with marina construction. For the sake of simplicity,
this amount was prorated as $500 per permanent mooring
slip (an additional 200 of which are proposed).
Due to the phased nature of the project, we anticipate
going ahead with Phase I marine improvements (which
include the slips in the mouth of the lagoon) prior
to beginning Phase II improvements at the existing
marina. This results in roughly, a 45/55 split in
terms of new slips. Therefore, we anticipate
presenting two checks, the first for $45,000 and
the second for $55,000, prior to pulling the two
stages of the harbor construction permit.
Additionally, our records do indicate that we have
paid the Phase I Revision Fee, but not that for
Phase II. Please let me know what the amount of
the fee for the second revision is and we will forward
a check.
Mr. Tony Melum
December 4, 1989
Page Three
Once you have had a chance to review this information,
please give me a call at (619)488-0551 so we can
discuss how best to proceed towards the issuance
of our permit and the commencement of construction.
ent
RHG: ma
cc: David L. Cherashore
14
Agenda Item No.16 (c)
CITY OF NEWPORT BEACH
Marine Department
November 13, 1989
TO; MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATION 16-101 BY NEWPORT DUNES
TO REVISE THE DOCKS BAYWARD OF THE MARINA DUNES
COMPLEX AT 101 NORTH BAYSIDE DRIVE
Recommendation: If desired, approve the application, subject to
the following conditions:
1. Approval of Army Corps of Engineers
2. Approval of California Coastal Commission
3. Approval of County of Orange
4. Approval of plans and specifications by City Public
Works Department
5. Approval of City of Newport Beach Fire Department
6. That the applicant meet all those conditions listed in
the Amended Settlement Agreement of 12/9/88 between the
City of Newport Beach and the County of orange, as
pertains to Water Site Facilities.
Discussion:
THis application is before the City Council as required by Section
5.C.4. of the Harbor Permit Policies, which states:
5.C.4. "Prior approval of the City Council will be required
before issuing a permit for shore -connected structures when (4)
Approved Bulkhe�d Lines, Pierhead Lines or setback lines do not
exist. 11
As part of the redevelopment of Newport Dunes, the applicant is
proposing a revision of the existing docks bayward of 101 North
Bayside, known as Marina Dunes. The revision consists of
rebuilding the existing slips and extending them all further
bayward. In addition to the revision to the slips, the applicant
is proposing a small pedestrian bridge joining a existing concrete
groin and bulkhead wall to an existing concrete slab, thereby
enhancing public access to views of the Upper Bay and the revised
marina. The proposed revisions have been initially approved in
concept by the County of Orange and the City of Newport Beach
through a settlement agreement reached by those agencies in
conjunction with the redevelopment project as a whole. The marine
Department feels that the conditions listed as part of that
agreement will address any additional concerns the City may have
with regard to the revisions of the existing docks and the
pe destrian bridge.
Tony I =elum
Tidelands Administrator
I)-
CITY OF NEWPORT BEACH
. PO� BOX 1768, NEWPORT BEACH, CA 926594768
November 8, 1989
David L. Cherashore
998 West Mission Bay Drive
San Diego,CA 92109
Re: Harbor Permit 18-56 and 16�101 for Newport Dunes and Marina
Dunes
Dear Mr. Cherashore:
On February 13, 1989 the City of Newport Beach approved in concept
the revision to the docks bayward of Newport Dunes, including the
proposed pedestrian bridge. Scheduled for the November 13, 1989
City Council meeting, the staff is recommending approval in
concepts for the second phase of the revision for the docks bayward
of the Marina Dunes area, including the small pedestrian bridge in
that location.
As a condition to both of these permits, several things must be
done. There must be City Public Works approval of the plans and
specifications, which I understand have been received for the first
phase and are in process for the second phase. We will also need
approval from the US Army Corps of Engineers and from the
California Coastal Commission for both phases of the revision.
Additionally, the applicant must exhibit compliance with the
Amended Newport Dunes Settlement Agreement, specifically Section
H, numbers one through seven.
There will be a fee of $500 per slip for each additional slip added
in the revision, over and above the slips that were originally on
the site. It is my understanding that this number is approximately
200 slips. There is an outstanding Revision Fee for the Phase Two
construction, which we have not received from the applicant.
All the above items must be completed prior to issuance of the
permit by the City and before construction work can begin. Please
call me at 644-3044 if you have questions about any of the above.
Sincerely
Tony Idelum, Tidelands Administrator
3300 Newport Boulevard, Newport Beach
NEWPORT DUNES MARINA
October 9, 1989
Mr. Tony Melum
Tidelands Administrator
City of Newport Beach
Marine Department
P.O. Box 1768
Newport Beach, CA. 92658
RE: PIER PERMIT 0016-0101-1
Dear Tony:
Enclosed please find a transfer application, $275.00
transfer fee, and $275.00 annual pier permit fee in
connection with the transfer of the marina at Newport
Dunes from Marina Dunes, Inc. to David L. Cherashore
dba Newport Dunes Marina and pier permit 0016-0101-1.
As I mentioned during our conversation last week, a
previous application was completed and checks pre-
pared last spring, but they apparently never reached
your office. Hopefully, this material should clear
up any confusion concerning the operation of the
marina.
If you need any additional information, please call
me.
RHG: j h
cc: David Cherashore
101 N. Bayside Dr., Newport Beach, CA 92660
(714)644-0126, (714)644-0510
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1APPLICAUrS AIA"A '1'1�-=WPORT 0U1\14-:-57 jeor - � - BeR,- . 7,'CACr I
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1131 BACI < BAY NEWPORT BEACH CALIFORNIA 926CO (714) 644-05110
e, BEAC� PACIFIC COAST HIGHWAY OFF JAMBOREE ROAD
June 9, 1989
Mr. Robert G4 Fisher, Director
Orange County EMA
Harbors, Beaches & Parks
P.O. Box 4048 -
Santa Ana, CA 92702
Re: Leasehp],d Boundary at Marina
Dear Mr . PJXVr
The Design Review Board's June 6, 1989 preliminary
plan review required Newport Dunes to hold back the
reconstruction of the new marina docks 10 feet from
the new leasehold boundary. Pursuant to our
discussions on this matter, I have contacted Steve
Blanchard, Tom Rossmiller, Harry Gage, and Tony Melum
at the City of New -port Beach concerning the possibility
of adjusting the leasehold boundary outward to
accomodate the new marina as per the preliminary
plans.
No one had any objection to changing the leasehold
boundary, nor could anyone recall any particular
technical parameter and/or constraint for having
established the new leasehold boundary *other than
that it was the intent to establish the leasehold
boundary to accomodate the proposed marina expansion.
Therefore, in consideration of the above, it appears
that the northerly leasehold boundary can be adjusted
outward by approximately 15 feet to accomodate the
new marina as per the preliminary plans. This would
allow end -ties to dock. within the leasehold' boundary
and thereby reach. the total of 430 slips originally
contemplated by the redevelopment. There are
potentially 14 end -ties in question and the public
benefit of allowing for these additional slips is
apparent given the. limited supply of boat slips in
Newport Beach.. The County of Orange also obtains
additional rent. A site plan has been included for
clarification of the area needing adjustment.
TRAILER PARK - BOATSLIPS - LAUNCHING RAMP -MARINE SERVICE -PICNIC AREAS -SWIMMING
I understand that this proposed leasehold boundary
adjustment will. require an Amendment to the Lease.
Newport Dunes hereby requests that EMA begin processing
this Amendment as soon as possible. I will begin
working on the revised legal description immediately.
As you know, Tom Rossmiller is presently working
with the City.of Newport Beach to establish the revised
Harborlines in the area to coincide with the leasehold
bo undary. I will keep him informed of this proposed
change as we proceed.
Thank you for your consideration of this matter.
S'ncer 1
D R rashore
Executive Vice President,
DLC:ma.
cc: Steve Blanchard, Orange County GSA/RED
Tom Rossmiller, Orange County EMA/HBP
Harry Gage, Sheriff -Coroner, Harbor Patrol Divison
Tony Melum, City of Newport Bea * ch,�
Randy Streeter, Adams -Streeter
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8 �Tli oF le"ALIFORNIA— THE RESOURCES AGENCY
*ALIFORNIA COASTAL COMMISSION
SOU`tH COA87 AREA
245 WEST BROADWAY, SUITE 330
L6-'- NIAIiH, CA P0002
(� . 196-5071
Date: 6 April 1989
-,to
Lawrence H. Buxton
1.400 Quail St. Suite 145
Newport Beach., CA. .92660
File Number: 5-83-962A
Re: Clarification of the staff report for
Specifically th p
5,-83-962A. a roject
descriptlan of 320 slips In the marina
as.apposed to 430, and the number of at
grade dry boat storage spaces as being
400
Bear Larry:
As you requested In your correspondence of February 21, 1989, 1 have
drafted and enclosed a cl,ariflcation of the language In the staff
report for 5-83-962A., specifitally, pertaining to the number of
slips in the marina and the, dry boat storage area as composed in the
project description for the Newport Dunes development.,
The marina descriptl.on of 320 slips an page one of 6-8 ' 3-962A is a
typographical error. The correct number of 430 slips was listed on
page 4 of the same staff report. In addition, the number of marina
slips was not part of the amendment request, and t * he correct number
of 430 slips was fn the description of thapreviously approved
p'roject (5-a83-962); therefore, the error is not ultimately.germans
to the amendment granted by the Coa.5tal Commission,
In reference to the number,o,f at grade dry boat storage spaces, the
exact number is not referenced in the staff report 'for the
amendment; rather, the staff report describes the project change
from stacked dry boat storage to at grade. This Is due to the fact
that the number of spaces was not specified In theamendment request
form drafted by yourself on 12-19-98. However,. the number and
location of spaces was displayed.clearly onthe submitted plans, and
underwent a comprehensive review.by myself prior to the issuance of
thepermit. therefore, the 400�at grade dry boat storage spaces is
not contrary to the letter or Intent of the permit approved by the
Coastal Commission.
I ZIP
RECEIVED FROM 06CA714 756 2576 P1.2
If you have any further question; regarding this matter, please
doh,'.t hesitate to.contact me. Please refer to your file number when
communicating with this office. It. was a pleasure workl.ng with you
on this project,
Sincerely
Donald W. Schmitz
Coastal Planning Analyst
DWS:ds
cc. TOM Crandall
Charles Uamm
Teresa Henry
9544A
RECEIVED FROM 09CR714 756 2576 P, 3
STATE OF !A'. >RNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN. Ga�r
CAUFai-A,!!A COASTAL COMMISSION
SOUTH COAST AREA
WEST BROADWAY, SUITE 390
BEACH, CA 90002
590-5071
AMENDMENT TO COASTAL DEVELOPMENT PERMIT
Dat.e-February 15, 1989
Permit Number S -63-962A Issued to Orange County and Newport Dunes
,DESCRIPTION OF PROJECT PREVIOUSLY A I PPROVED: Redevelopment of andadditionto a
72 ac. Newport Dunes Park. It includes.a 275 room family.inn, 320 slip I marina,
310 unit R.V. park, 300 unit boat storage, 10 boat Taunch ramps.and a marina
business building.
I)ESCRIPTION OF AMENDMENT: Amend the previously approved permit to increase the
RV park by,134 units, delete the 5,000 sq. ft. marina business building,
relocatethe 5.000 sq. ft. restaurant use to the west side of the lagoon,
replacethe stac.ked dry boat storage with at grade storage, relocate.the
operation center and.maintenancebull.ding, rebuild the Anthony's restaurant to
,15,000 sq,..ft. in public area, implement an access management and sign plan,
and reconstruct the existi.ng marine repair and coffee shop.
PROJECT LOCATION: 1131 Back Bay Dr., Newport Beach APN 440-132-9, 31, 32
This amendment will become effective upon return of a signed copy of this form
to the Commission office. Please note that the ori.gjnal permit conditions.
unaffected by this amendment are still in effect.
.PETER M. DOUGLAS
Executive Director
By:
Title: aff Analyst
ACKNOWLEDGMENT
I have read and understand the above amendment and agree to be bound by the
conditio a d d of Permit No. 5-83
s as me
Date
Signature
FEP,
CAUFORNIA
COASTAL COMMISSION
SOuTH CCAST DISTRI.Cr
5 -B3 -962A
Page 2.
STANDARD CONDITIONS:
Notice -of Receipt and Acknowledgment . The permit is not valid and .
development shall. not commence until a copy of the permit, s:igned by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditio.ns, is returned to the Commission
office.
2. Expiration. . If development has not commenced, the permit will expire, two
years from the date on which the. Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reaso.nabl-e period of time.. Application for extension of the permit must
be.made prior to the expiration date.
Compliance * All development mutt occur In strict compliance with the
proposal as set forth below. Any deviation from the approved plans must
be reviewed..and approved by the staff and may require Commission approval.
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 si I te
and the development during construction, subject to 24-hour advance
njotice.
6- Assignment. The permitmay be assigned to any qualified pe . rson, 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 shal 1
be perpetual. and it is the intention of the* Commission and the permittee
to bind all future owners and possessors of the subject property to the
terms and conditions.
SPECIAL CONDITIONS.
1. Public Access
(a) Prior to the issuance:of the Coastal Development Permit, the
applicant shall submit revised plans for the reviewind approval of.the
Executive Director which clearly delineate a minimum 8 foot wide public
pedestrian walkway along the waters edge around the proposed
reconstruction of Anthony's Restaurant. The width,. location. and siting
of walls shall be consistent with special condition 41, from 5-63-962
(Ex,hibit #2). At part of the a,,ccess management and sign plan,, the plans
must incorporate, access signs at the day use bmach parking entrance, the
eastern entrance to the pedestrian bridge, and at the sodih eastern
entrance of the walkway around Anthony's restaurant. The signs must
indicate that the walkway is open to the public and the hours of
operation, as well as diagram the walkway around the lagoon and all
vertical access points.
5-63-962A
Page 3
( bY. The applicant shall endeavor in, good faith to obtain from the City
of Newport Beach authorization to erect a Coastal Access sign sited at
Orange County Transportation District bus stop located near the
intersection of Jamboree Rd. and Backbay Dr.. Upon the granting of such
authorization, the applicant shall. submit for the review and approval, of
the Executive -Director, plans which show the location of the sign at .
Jamboree and Back Bay Drive. The sign shall be mounted on a post, 241, by
36% and utili%z6 the standard coastal access logo design employed by the
Coastal Cd n.s er vancy, and shall includ e a diagram mapping the pedestrian
route from the bus stop to. the Newport Dunes beach area, and. the hours of
operation.
2. Parking
Prior to the issuance of the Coastal Development Permit. the applicants
shall submit a parking plan for the review and approval of the Executive.
Di rector which shows thedesignated parking areas for:
1. Day Use/Boat Trailer 1,011 spaces
2. Marina 327 spaces
L Anthony's Restaurant 283 spaces
4. Marina Business 20 spaces
5. Family Inn spaces
All designated parking will be sited in reference to the facility that is
being served within the distance limitations specified in the City of
Newport Beach parking, codes.
8968A
COURTION & ASSOCIATES, INC.
1400 Quali St., suite 145, NeWport BeaCh, CA 92660 (714) 752-5712 , 121 South Main Street, Lake Elsinore, CA 92330 (7141674 8691
TRANSMITTAL MEMORANDUM
TO: Tony Melum
FROM: Lawrence H. Buxton
DATE: January 5, 1989
SUBJECT: Newport Dunes Marina Plans - Plan Check #GPC 2263A-88
Attached are two copies of the Newport Dunes Marina plans. These plans
have been submitted to the City Building Department for review.
Please contact me if you have any questions.
LEB: pmd
Attachments
cc: David Cherashore
Robert Gleason
Environmental Research Engineering - Planning - Governmental Relations
, � ed�
County of Orange
Q44, ro rt�
D 7- C 2 2 101 8 8
TO: Captain Gage, Sheriff Coroner/Harbor Patrol
FROH: Manager, EMA/HPP Program Planning
SUBJECT: Additional Boat Slips at Newport Dunes - Redevelopment . Project
The 88 additional boat slips in the lagoon mouth which you mention in
your recent memo of December 7, will be constructed under permits from
the City of Newport Beach. The design and access from the pedestrian
bridge across the lagoon mouth are all subject to final approval by the
City. In that respect, I believe the City of Newport Beac'h Fire Department'
will ensure that necessary emergency access :6s available on docks in accordance
with their applicable fire safety regulations.
By copy of this memo to the City of Newport Beach Fire Department, (With
your 12/7 memo attached) I will ensure the City's Fire Department is aware
of your concerns and that they will review the plans for the additional 0
boat slips in the lagoon entrance as they go through the City's plan
check review.
I will ask David Rosso, in this office, to contact the City building officials
as the plans are being reviewed to ensure that they are aware ofethe concerns
regarding the additional boat slips.
If you have any other additional comments don't hesitate to give me a
call at 834-3808.
0
1-7
Bob Hamilton
DR:es:ps(5-027)8356
attachment
cc: City of Newport Beach, Planning Director (w/attach.)
City of Newport Beach, Fire Department
David Cherashore - Newport Dunes
. .� I I - I - - - I
0
L-1
ecount-y of Orang
TO
F
R.E. Hamilto
SUBJECT:
6�) F850-123.2
7,. 12-7-88
DA I E.-
DEPT/DIST: EMA/Harbor, Beaches & Parks
gAeriff-Coron(
elopment Pro
�rbor Patrol
ne
PHONE NO.: 673-0933
I was pleased to receive your memo reference the Newport
Dunes launch ramp closures. In reading the Dunes project
outline which was attached to your memo I became concerned over
a portion of the plan. Page six of the phased development plan
states that 88 boat slips will be built off the pedestrian
bridge in the mouth of the swimming lagoon. our Concern is one
of access by fire and safety personnel during an emergency.
Prior to proceedin
Newport Beach Fire
develop an emergen
restricts the size
used on the docks.
these restrictions
I
g with the plan to build these slips, the
Department should be consulted in order to
cy plan since the pedestrian bridge severely
and type of emergency equipment that can be
An emergency plan must be developed taking
into consideration.
R E_ C E � V E D
OFC 13 1988
AMENDED NEWPORT DUNES SETTLEMENT AGREEMENT
THIS AGREEMENT, entered into this of
1988, by and between. THE CITY OF NEWPORT BEACH, a Municipal
Corporation and Charter City, hereinafter referred to as 11City,,t
THE COUNTY OF ORANGE, a Political Subdivision of the state of
California, hereinafter "County," and NEWPORT DUNES PARTNERSHIP, a
calif ornia Partnership, hereinafter "Company, 11 is made witli
reference to the following facts, the materiality and existence of
which is stipulated by and between the parties hereto:
A. Pursuant to the provisions of Chapter 526 of t�,-e
California State Statutes of 1919, the State of California granted
certain tidelands to county. These tidelands were regranted by
the state to the county', pursuant to the provisions of Chapter 415
of the Statutes of 1975. The legislature imposed certain
conditions and restrictions an the use of the granted property.
The tidelands referred to in these two grants, together with a
small parcel of uplands, are described in Exhibit "All to this
Agreement, and are hereinafter referred to as "the Property";
B. Newport Dunes, Inc., formerly a California
corporation (NDI) has, in the past, constructed certain
recreational �and Visitor -serving faCil4tieS
an the property,
including the following:
1
I
(1) A beach, consisting of approximatelv ten (10)
acr . es, together with concessions to serve beachgoers, such as,
fast food stands and businesses which rent beach equipment;
(2) A recreational vehicle and travel trailer
camp ing area, with 64 spaces fully serviced by sewer, water and
electricity and 80 spaces which are partially served by such
utilities;
(3) A restaurant known as Anthony's Pier II located
on the northwesterly edge of the -swimming.1 ago on. and consisting .1 of
approximately 7,500 sq. ft. of public area, and a coffee shop,
consisting of am roximately 2, 2.c area and
P, 000 sq. ft. of publ*
located an the easterly side 'of the lagoon in the area of the
current boat -launching facilities;
(4) Boat and marina -related facilities consisting of
approximately 230 slips, a boat repair business, a canvas shop,
maintenance storage and dry boat storage area
with room for
approximately 350 boats and a six -lane boat launching ramp;
(5) A structure, located near Anthony's Pier 11,
consisting of approximately 1,500 sq. ft. which presently serves
as the headquarters and equipment yard for Company.
C. Commencing in 1976, County, and NDI embarked on a
process designed to redevelop 'the Property by enlarging or
improving existing facilities and con structing new facilities.
This process culminated in 1980, with the approval, in concept,
of a redevelopment plan for the Property which called for the
construction.of:
2
A motel or family inn;
(2) Meeting rooms with a seating capacity for 400
persons;
(3) Additional restaurants, coffee shops and snack
bars, at least one of which would seat 150 persons;
(4) 263 additional bcat slips;
(5) A "marina village" consisting of approximately
50,000 sq. ft. of commercial and retail development with
approximately 20,000 sq. ft. of facilities described as marina
amenities;
(6) A modern recreational vehicle park; and
(7) Other development to support the primary uses.
D. The city instituted litigation challenging the
County's approval of the redevelopment plan for the property.- In
1993, the parties resolved this litigation through a settlement.
agreement which reduced the size and scope of certain components
of the project and obligated County and NDI to comply with
provisions of the Building and Zoning Codes of the City.
E. NDI has assigned its rights, duties and obligations
under the leas es and original Settlement Agreement to Company.
F. The Orange County Harbor, Beaches and Parks District,
which was a party to the original Settlement Agreement, has been
dissolved, with County of Orange designated as successor agency,
therefore, District is not a necessary or appropriate party to
this amended Agreement.
3
G. The parties to the original settlement agreement have
determined that unanticipated delays in constructing the project,
a desire to construct a revised project, and changes in the
circumstances surrounding 'the project require execution of an
amended settlement agreement.
NOW, THEREFORE, -the parties hereto agree as
follows:
1. City, in consideration of the covenants and promises
made by County and Company in this agreement agrees to approve
the development of the property contemplated in
this agreement,
(conceptually illustrated on . Exhibit 11B, 11) provided County . and
Company have complied with all conditions precedent to development
that are specified in this agreement. The development
contemplated in this agreement may proceed in phase$ as deemed
appropriate by Company. The development of the property
authorized by this agreement is as follows.
A. The construction of a family inn, not to exceed
275 rac ts, to be located on the west side of the swimming lagoon
subject to the following:
1. The
tM
family
inn will be
designed and
constructed with features that
will make it
attractive to
tamilies and these design and construction features
shall include,
but not necessarily be limited to, the following:
IN
(a) Kitchen
facilities in
approximately
forty
01
percent (40%) of the units;
(b) A room
containing
recreational
facilities and equipment for use by
the guests of the inn;
tM
to
4
(c) No permanent audio/visual facilities
or equipment are to be. -integrated into the design.
2. The area immediately adjacent to the family
inn shall be designed, improved and maintained such that it is
consistent with the concept of a visitor -serving facility
attractive to families.
3. The familv inn will be constructed in
accordance with the Building and Zoning Ordinances of the City of
Newport Beach, all as more fullv described in paragraph 111-A.
4. The structure which houses the family inn
shall not exceed 500,000 sq.ft. of gross floor area (per city
standards) inclusive of area used for the service, storage and
preparation of food or beverage.
B. The construction of a new restaurant on the site
previously occupied by Anthony's Pier 11, and the const2�uction of
restaurant and food serving areas within, or" adjacent to, the
family inn, subject to the following:
1. Restaurant area within, and adjacent to,
the family inn, shall be limited to 12,500 sq.ft. of net public
area (per City standards);
2. The restaurant to be constructed on the
site formerly occupied by Anthony's Pier 11 shall be limited to
15,000 sq.ft. of net public area (per City standards) .
3. Restaurant and food serving area outside of
the structure which houses the family inn shall be limited to
5
those areas which are intended to primarily serve guests of the
inn, such as the pool and cabana -area;
4. A substantial portion of restaurant space
within the family inn shall be located, designed, maintained and
omeratpd such that it principally serves the patrons and guests of
the family inn, with special consideration given to families with
children; and
5. Th e permitted development for restaurant
uses may be reapportioned in a manner other than that specified in
the preceding paragraphs provided:
(a) The reapportionment is on a per square
foct.basis such that there is no increase in permitted restaurant
development;
(b) The reapportionment has been reviewed
and approved by the County's Director of Harbors, Beaches and
Parks/EMA and the Planning Director of the City of Newport Beach;
and
(c) The reapportionment does not result in
a transfer of restaurant development to the east side of the
swimming lagoon.
C. The construction of a structure or structures
which will house commercial, office or retail tenants, subject to
the following:
1. The size of new structure or structures
shall not exceed a total of 5,000 sq. ft� of gross floor area (per
City standards);
9
2 The tenancy shall be limited to those
activities permitted by the le ase and with County and Company and
which are consistent with the tidelands grants businesses listed
on Exhibit "C" to this Agreement.
D. The construction of a structure or structures to
replace the existing marine repair. facility and cof fee shop on the
east side of the swimming lagoon subject to the following:
1. The structure shall not exceed a total of
7,500 sq. ft. of gross floor area (per City standards) and
2. Approximately 3 000 sq.
of the
structure shall be utilized as a marine repair facility, with the -
remaining portion of the structure or structures to be used as a
coffee shop and retail uses which support the needs of those
using the boat launch or boat storage areas.
E. The construction of a meeting room with a
seatinq capacity not to exceed 100 persons to be located on the
west side of the swimming lagoon.
F. The construction of a str-ucture which will serve
as the headquarters for company, subject to the following:
1. The size of the structure shall not exceed
7,000 sq. Et.;
2. The structure will contain approximately
6,200 sq. ft. of space devoted to office and administrative uses,
with the remaining space within the structure to be devoted to
parking of equipment, a first aid station and 'the storage of
materials.
G_ The construction of a recreational vehicle park
not to exceed 444 spaces, all Of which will have full service
capabilities, including electricity, water and sewer, together
with a recreational vehicle support center, tile center to contain
a small convenience store and an equipment rental area
(aPprOXi mately . 3,500 sq.ft. Of gross floor area), an equipment
rental area, recreation/ meeting room and clubhouse (approx I imately
2,900 feet of gross floor area), restrooms, showers and a laundry
facility (approximately 2,100 feet of gross floor area), a storage
area and swimming pool.
H. The construction of approximately 200 boat
slips, a pedestrian bridge connecting the easterly and wester , ly
portions of the property, and a pump -out station, subject to the
following:
1. No boat slips shall be constructed in the
mouth of the lagoon, or in the lagoon itself, until such'time*as
designated representatives of the City *and County have reviewed
and approved a water quality study which considers the effects of
the construction of boat slips an the water quality in the
swimming lagoon;
2. Boat Slips Constructed in the mouth of the
lagoon, or within the lagoon itself, shall not accommodate boats
exceeding 28 ft. in length;
3. Boat slips constructed in the mouth of the
lagoon, or in the lagoon itself, shall be designed and constructed
R
�o ensure that there is minimal interruption of the tidal flow in
and out of the lagoon;
4. Overnight occupancy of boats moored in the
mouth of the lagoon, or in the lagoon itself, is Prohibited and
County and/or Company shall take all action necessary to ensure
enforcement of that prohibition;
5. The pedestrian bridge which is to be
constructed across the mouth of the swimming lagoon will be
elevated above the, water surface, built on pilings, and designed
to minimally restrict tidal flows in and out of the lagoon and
permits the entry of dredging equipment (such as removable center
section);
6. A pumpout station shall he constructed at a
location convenient to boaters with a sufficient capacity to
service any boat for which slip or mooring spa ce is available an
the property; and
7. Company may charter vessels for commercial
purposes from a location on the west side of the swimming lagoon
subject to issuance, by City, of a commercial, harbor activities
permit and compliance with ail City ordinances.
II. Company shall retain, and in certain cases upgrade
and/or add to, certain existing facilities and uses, as follows:
A. The existing dry boat storage capacity may be
increased to no more than 400 units. During the first phase of
construction, all dry boat storage shall he at surface level. if
additional spaces are to be provided, the increase may be
accomplished by the construction or installation of a facility
that will allow stacking of small boats. The st I crage facilitv,
will be covered and will be administered in a manner that will
insure adequate security of private property;
B. Comoanv shall restripe the existing six -lane
la . unch ramD to at least seven 15, lanes, and retain, or upgrade,
the washdown facilities located in Proximity to the launch ramp,
C. Company shall provide at least 185 boat -
trailer parking spaces in proximity to the boat launch are I a.
These spaces shall be used for vehicles and trailers u I sing the
boat launch facilities, and by patrons of the mar.,Lne service
building and dry boat storage facility, and to extent space is
needed and available by beach users when day -use parking 'area is
filled.
D. County and Company shall Preserve substantially
all of the existing beach area and retain and assure the
continuing operation Of concessions and facilities which serve
beachgoers, including, but. not limited to, boat and equipment
rentals, fast food stands, lifeguards, and picnic area. At least
645 day use area parking spaces, in addition to parking spaces
specified elsewhere in this Agreement, will be made available for
persons using the facilities. NO more than 25% of the parking
spaces shall be designated for use by compact vehicles and compact
spaces shall be distributed evenly throughout the parking area.
E. Company shall provide for overnight camping use
and all related facilities in the recreational vehicle park areas.
plus]
III. Company, in consideration of the commitment of city
t_o approve the contemplated development as generally described in
this Agreement, stipulates and agrees as follows:
A. Company agrees to design and construct all new
development in accordance with the applicable Building and Zoning
Ordinances of the City of Newport Beach and, specifically, ag:r�ee
to construct new development in conformance with the following:
1. No structure, nor any portion of the
structure, shall exceed a height of 33.5 feet. Mechanical
equipment may be permitted in excess of the basic 35 fact -height
limit provided the equipment does not exceed a height of 38 .5 feet
and is fully screened from public view. No structure shall exceed
three (3) stories and the family inn shall he constructed with a
pitched roof. Chimneys and vents are permitted to exceed the
height limit specified in this paragraph only to the extent
required to comply with state law or local ordinances;
2. Except as othe
rwise provided in this
agreemeht, parking for all new development will be in conformance
with the parking standards of the City of Newport Beach as set
forth in chapter 20.30 of the Newport Beach Municipal code; and
3. All signs and sign structures shall conform
to tte provisions of Chapter 20.06 of the Newport Beach Municipal
Code.
B. Company shall comply with the Traffic: Phasing
Ordinance and Fair Stare Ordinance of the City of Newport Beach.
Company shall have satisfied Traffic Phasing and Fair Share
11
requirements upon pavment 0f: the sums specified in this section.
Amendments to the Traffic Phasing or Fair Share Ordinance which
would otherwise increase the fees to be paid by County or Company
shall not be applicable to the development contemplated in this
agreement. The appropriate method and time for the payment of
these fees.has been difficult to determine in that: (1) while the
early phases of development will not generate substantial levels
of traffic over and above those which now exist., infrastructure
necessary to accommodate the family inn and other traffic
intensive uses will be constructed during the initial phases of
the project; and (2) the number of building and grading permits
required for each phase of the project, and the potential that
development within each phase will not proceed at th e same time,
make it extremely difficult for the parties to determine what
percentage of Traffic Phasing or Fair Share Fees should be paid.in
conjunction with any specific permit. The method of pay
,ment
specified in this Agreement represents the parties best efforts -to
establish a fee schedule consistent with the intent of the Fair
share and Traffic Phasing Ordinances.
1 . Company shall pay $600,000 to comply with
the provisions of the Traffic Phasing ordinance. This sum will be
used to reimburse the City for a portion of the $2,058,000 spent
to date, and the additional $724,000 to be spent in the 1988-89
fiscal year, an circulation system improvements which were
required, in part, because of traffic generated by this project.
Company and County have benefitted by the City's early
12
construction of these improvements which were to have been funded,
in part, by the $600,000 payment required by the original
aareement.
2. Company shall pay Fair Share fees in the
sum of $235,402. This fee is based upon "new traffic" Of 5,213
average daily trips, multiplied by the current rate Of $99.27 a
trip and reduced by a credit of $282,902 for master -clan
circulation system improvements funded by the Traffic Phasing
ordinance payments required by this Agreement.
13. The Fair Share and Traffic Phasing
ordinance fees required by this Agreement shall he paid . as
follows:
a) The sum of Twenty Five Thousand
($25,000) Dollars concurrent with the execution of this Agreement;.
b) The sum of Seventy Five Thousand
($75,000) Dollars prior to the issuance of the first building.
permitf,,.or any of the projects described in Phase I (RV Park, Day
'Use, Boat Launch, Boat storage, Marine Repair Facility, Coffee
shop and Operations Center);
c) The sum of Seventy Five Thousand
($75,000) Dollars prior to the issuance of the first occupancy
i:)ermit for any project described in Phase 1;
d) The sum of Five Hundred ($500)
Dollars per slip to be paid prior to the issuance of the final
building or harbor permit necessary to the construction of the
slips (the Fair Share and Traffic Phasing fees totalling $835,402
13
have been calculated on the assumption that 200 new boat slips
will be constructed. In the event less than 200 boat slips are
constructed, the Traffic Phasing and Fair Share fees required by
this Agreement shall be reduced by a sum equal to the difference
between the 200 slips predicted and the actual number constructed
multiplied by $500.)
e) The sum of Fifty Thousand ($50,000)
Dollars prior to the issuance of the first building permit for the
first building permit. for the construction of a restaurant on the�
site formerly occupied by Anthony's Pier 11;
f) The sum of One Hundred Thousand
($100,000) Dollars prior to the issuance of the first building
permit for the family inn;
g) The sum of Four Hundred Ten Thousand
Four Hundred Two ($410,402) Dollars prior to the issuance of the
first occupancy permit for the family inn.
4. The fees required by the preceding
paragraph shall be paid by Company or by Company's sublessee.
S. The County, City and company will meet and
confer on the specific circulation system improvements to be
financed by Company's payment of the Fair Share and Traffic
Phasing fees required by this Agreement, to the eXt2nt funds
remain after consideration of improvements previously made by
City. The parties acknowledge that, to the extent possible,
Company's payments should be used to finance improvements to those
14
comoonents of the City's circulation system most heavily
impacted
by the development authorized in this Agreement.
C. Company shall construct an interPrative centerr
t o be located near the northeast corner of the prope2:-ty. The
function of the interpretive center shall be the Provision of
information and educational materials relative to the Upper
Newport Bay Ecological Reserve. Educational Programs offered by
the interpretive center shall be coordinated with the Department
of Fish and Game"and the interpretive center shall be. integrated
into a trail system, approved by the Department of Fish and Game,
that will allow interested persons access to portions of Upper
Newport Bay.
D. Company agrees to construct a launching area
for human-powerad and small sail craft and this launch area shall
be of sufficient size to accommodate, at a minimum, the current
use of the area for the launching of small sail boat . s and human -
powered. craft by members of non-profit organizations such as the
Boy Scouts, Girl Scouts or similar organizations.
E. Company shall construct a bike trail, the
design, width and location of which is subject to the approval by
the County's Director of Harbors, Beaches and Parks/EMA and the
City Engineer, connecting Back Bay Drive with Bayside Drive. No
admission or user charge shall be imposed upon persons for use of
trail. Bicyclists shall be allowed access to the interpretive
center, Company shall install bike racks along the 'trail
adequate in number to accommodate demand. The bike trail mav be
used by the City, County and other public entities engaged in
constructing, repairing or maintaining public facilities or
landscaping. The bike trail shall be designed to allow convenient
access for public vehicles engaged in the maintenance and repair
work.
taxes will be imposed upon
F. Transient occupancy
users of the family inn and recreational vehicle park in
accordance with the provisions of Chapter 3.16 of the Newport
Beach Municipal Code. Transient occupancy taxes will. be
collected, processed, and paid in accordance with the provisions
of Chapter 3.16 of the Newport Beach Municipal code.
G. Company, with respect to any use of the
property which requires the payment of any tax or fee, for the
issuance of any permit, pursuant to the provisions of Title 5 of
the Newport Beach Municipal Code, agrees to pay such fee or tax
and/or obtain the required permit and comply with any and all
conditions imposed upon the issuance of the permit;
H. The following uses of the property shall not be
permitted:
1. Skateboard courses;
2. Fireworks displays except as approved by
the City Council of Newport Beach;
3. Small animal or reptile zoo;
4. The use of loudspeakers for paging or
announcements outside of any structure provided, however,
16
lifeguards may use such equipment for safety and beach control
purposes; and
5. Amplified music, except in the family inn
or other structure, and in no event shall amplified music Provided
by Company, its lessees, licensees or operators of the property,
exceed 55 dbs when measured at a point 50 ft. distant from any
exterior wall.
I. Grading and building permits shall be issued by
the City of Newport Beach and may contain appropriate conditions
to.ensure t hat can I s I truction activities do not adversely impact the
citizens of Newport Beach. Such conditions may include, but are
not necessarily limited to, the following:
1. Designation of specified haul routes;
2. Restrictions on hours of activity; and
3. Installation of erosion control facilities
to ensure that silt doeq. not enter the Bay from the construction
site.
J. Final design of the project shall incorporate
the following:
I- A lighting system designed and maintained
to conceal the light source and minimize light spillage and glare
offsite;
2. The incorporation of water -saving devices;
3. The installation Of grease traps in all
restaurant facilities;
17
4. Conformance with energy requirements as
specified in Title 24 of the California Administrative Code;
5. Access and fire suppression systems in
acc ardance with the requirements of the �'ire Department of the
city of Newport Beach; and
6. A landscape plan which emphasizes the use
of drought resistant native vegetation, irrigated with a system
designed to avoid surface runoff or overwatering, with the
landscaping to be installed during the initial phase of
construction or as early as practicable once conflicts with other
construction activities are resolved.
IV. City agrees to provide a level of services to
Newport Dunes appropriate to the uses developed an the site and
consistent with that provided other properties in the City,
including, but not limited to, water, fire and police.
V. The promises and commitments of the parties as set
forth herein, are intended to bind the parties now and in the
future. The parties understand that this Agreement is similar to
a Joint Powers Agreement, and, as such, contains commitments. of
both City and County sufficient to bind future boards and
councils, notwithstanding any change in the composition thereof.
City and County hereby expressly waive and give up any right to
challenge the validity of this Agreement, or any specific term or
Condition hereof, based upon the contention that the legislative
bodies of cities or counties are not empowered to bind future
boards or councils, and each of the parties hereto stipulates that
PIL-11
11
M, 0
us
the consideration set forth in t his Agreement is, adequate to
support this waiver.
VI. county shall not allow, and company shall not
construct, any development on the property exceeding that
contemplated by this Agreement, without the concurr ence of the
city council of the city of Newport Beach. Any plan for future
development, not contemplated by this Agreement, must be
accompanied by adequate environmental documentation as required by
law, and will be processed through the Planning Commission and
City Council of the City of Newport Beach in accordance with the
provisions of chapter 20.80 of the Newport Beach Municipal Code.
VII. The parties hereto recognize that the approval of the
California Coastal Commission and the State Lands Commission, will
be required for development of the property, and County and
Company covenant that, in requesting such approval, they will
seek no development in excess of that contemplated herein. city
upon request by County or Company agrees to notify, in writing,
all agencies which are required to approve the development
contemplated in this Agreement of its support and City will
endeavor to appear at public hearings before any Board or
commission reviewing a proposal for such development or any
portion thereof, to express its support for the project. To the
extent that the California Coastal commission and/or State Lands
commission impose requirements upon County and Company riot set
forth in, or at variance with, the provisions of this Agreement,
County and City agree to accept and incorporate as amendments to
19
this Agreement all said changes and/or variances, so long as said
changes and/or variances do not expand or increase -the
concentration, intensity, densitv Or type of the develocnient as
contemplated by this Agreement. All parties understand that this
Agreement is intended to establish the limits of development and
not to guarantee construction or development. County and Company
shall . endeavor to notify city of any Public hearing Or meeting
which may relate to the development contemnlated by this
Agreement at least ten (10) days prior to the date of such meeting
or hearing. Notice shall be given as Provided in this Agreement.
To City: City Attorney
City Of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
To County: Director, Harbors, Beaches
and.Parks/Orange County
Environmental
Management Agency
P.O. Box 4048
Santa Ana, CA 92702
To Company: Newport Dunes Partnership
c/o David Cherashore
998 West*Mission Bay Drive
San Diego, CA 92109
VIII. This Agreement is in furtherance of a plan for
redevelopment of the property. County and Company seek to
transform underused Portions Of the property to their economic
advantage by constructing visitor -serving facilities of greater
intensity than now exist. City seeks to obtain certain offsite
benefits, including, among others, circulation system
improveme . nts All parties agree and recognize that it will not be
practical to restore this property to its Previous state once any
20
I
significant portion of the contemplated development is Undertaken.
The parties hereto have made significant and irrevocable
commitments and have each given up certain rights and powers in
order to achieve thi s agreement. The parties agree that damages
would not be an adequate remedy for the failure of one of the
parties to carry out its obligations under '"his Agreement, both
because the property and this Agreement are unique, and because it
would be very difficult to estimate the amount of damages which
could, or would, properly compensate the other parties in the
event of such failure or breach.
Thus, the parties agree that specific performance,
rather than damages, is the only remedy which would adequately
compensate the other parties in the event of the failure of one
party to comply with its duties and obligations as set forth in
this Agreement.
Ix. in the event Company fails to comply with its
obligations pursuant to this agreement, County shall have the
right to perform and shall be entitled to the rights and benefits
confered thereby.
X. The provisions of this Agreement shall be binding
upon and inure to the benefit of the parties and their respective
successors and assigns.
XI. No modification, amendment or other change in this
Agreement or any provision thereof shall be affected for any
purpose unless specifically set forth in writing and signed by a
I
21
j
duiY authorized representative of the parties hereto.
Executed the day and year first above written.
CITY
By-.
ayor
City Of Newport Beach
ATTEST:
Nf�
City Clerk
APPROVED AS TO FORM:
County Counselk,
COUNTY OF ORANGE
Bv:
The Chairman of its Board of
Supervisors
A10 CER7Fi'-ED T'r".AT A COPY OF
C. C; C Lj,1Vj C' A �O
TH2 �N 11� 1EE" NLIVERED TO
THE CKAii,'AAN OF THE ;HARO.
UNDA D. ROSEIRTS OF -C 13
Clark of the Board OfSL'pervisors
COMPANY Coun of Orange, Cjji'Qrr1;a
NEWPORT DUNES PARTNERSHIP
A California Partnershim
y'
Bavid GAeEashGE
A� t--) �� �--- L- � �-:- �--G
23
SIAIL OF CAL
GEORGE DEUKMEJIAN,
RESOURCES, AGENCY
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA
2 EST BROADWAY, SUITE 38.0
U 1ACH, CA 90802
(2._ 10-507)
COASTAL DEVFI,OPMFNT.PERMIT
Page.
1 of 3
17. 10
Date,: Navember...17....1—
Permit No. 5-83-96P ''
on January 25,1984, . Itie California Coastal Conunission granted to
of . Ora In(:. this Permit ',IJbjP(t in the attached
Standard and Special conditiori;��For (level opmeni. consisting of Redpvelo.pment of
and addition to a 72 acre Newport, Bunes Park. It inrlude�' a 275 room family itIII,.
430 %lip marina, 310 unit R..V. Park, 300 In.it. boat ,torage, 10 boat I I aunch ranip,,
and marina business huilding.
more . spec.ifi.ra.11y de.srribed in the appliratio,n file in the Commission of f i c e %
The development is within the Coastal 7one in Orange County at
1131 Rack Bay Drive., Newport Reach.
Y
CUTIVE DIRK111H OF THE COMMISSION. THFSF PIAN.S WlII,. BE FOR TWO 5,000 sq.
ft. MARINA RIJSIN�T)I.S, THE 4,,000 S,q. ft. QUA111Y RFSIAIIRANT, THE 61000 �q. ft,.
HEADQUARlERS OF OPFRAlinN, THE 5,870 sq. ft.. AN111ONY'S PIER 2, THE 7,..500 "q. ft.
RESTAURANT , THE 215 ROOM FAI,111.Y INN, AND THE 100 SEAT MFFlING ROOM. UNTIL TH17-
PIANS HAVE RFFN SlJRMITTrD TO HE rnmvTc��InN FOR RrvlFW, NO, 8071 DING FRMITS �HAII
RF TWIFO FOR THIS pL0jFCT!
issued on behalf of the California CoasAa.l Commissi0o by
PETER DOUGLAS
Fxecutive Director.
Ry:
Title: Coastal Planning Analy,t
ACKNOWI-FDGMENT
The undersigned permittee acknowledges receipt of this permit..and agrees,to,abide
by I all terms and conditions thereof.
The undersigned permittee acknowledges that Government Code Section 818.4 which
states in pertinent part, that: "A public entity is not liablefor injury �aused
o the issuance.of 1:his permit.
by the issuance. any permi.t. . . . 11 appl ies 1;
TMPORTA THIS PERMIT IS. NOT VAIJR. I)NI.FSS AND UNTIL A COPY OF THE PFRMIT WITH.
THE SIGNED ACKNOWI,FOGFMFN1 HAS BEEN RETURNED To THE cumissION OFFICE. C, I al.
Admin. Code Section 13156(A);
Date ig
COASTAL DEVELOPMENT PERMIT
STANDARD CONDITIONS:
Page 2 of 3
Permit No. 5 -B3,--962
Notice of Receipt and Acknowledgment. The permit i% not valid and
a�eveiqpmentsh,all n91. commence until a copy of the permit, signed by the
permittee or, author-i7.pol Ageni, acknowledging rereipt. of the permit a.nd
acceptance of the iernv� ilid condition,,, is rpLurned in the Commission office..
riopiraLion. if development has not commenced. th.p. permit will expire two
yvars from the (late on which the Commission vote(] on the application.
Development shall lie iiiir-stied. Ift a,diligent maiiner and completed in a
reasonable lierind of iimp. Application for extension of the permi I mu%I. he
made prior to the expiraLion date.
3. Coirripliarir.p. All dev . elopmerd moist occur in ,I.rir.t compliance Witt) the
proposal a-, �sel. forth in i I h I e application for permit, subjeri to a,ny special
conditions set forth.below. Any, deviation from the approved pl,ans must be
reviewed . and approved, b I y i he staff and may require Cummission a I pproval..
4. Interpr I -V. t . ati on - Any que%tion% of intent or inter-pretation. of any condition
will be resolved by the rxer.utive Oirector 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 a.dvance notice.
6. Assignment. The permit may I he assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting.a 11 terips,
conditions of -the permit.
7 Terms and Conditions Rijn With the Land. These ternis and conditions,%hall be
perpetual, and it. * is the intention of the Commissio * n and the permittee to
bind all- future owners and possesscir-(; of the subject property to the terms
and conditions.
SUCIAL CONDTTJONS:
1. Public Acces.s
Prior to transmittal of permit, the applicant
a. ?nits The plaris
shall submit r(, plans for approval of the Executive Director.
.v, s
Vian Promenade.
%hall provide a minimimi of 8 feet wide public walkway along the entire. waterfront
of the project located along the ])each. This walkway shall.be connected to the
similar walkway around the adjacent Anthony's Restaurant . rates shall be provided
in the existing fences betwe�en �AnLhoriy's Restaurant and the project and %ijch gates
shall be ope n for pedestrians and bi.cyclists access during daylight hours.
donission of -bicyclists and pedestrians to the
ties 5 -i(lmis.sion or use.r charges.
day use facili ti�ll be f ree of any
5-83-962
Page I
c.. Public Transit Syste, The applicant shall initiate, in
coordination with the City of Newport Reach and Orange County Transit District,,
investigation of the possibility of providing a public bun stop within the project
site for thin buses serving this goneral area. Tf found feasible, the applicant
shall provide a. public bus stop withi.n the project boundary.
2. Water QuaUty
Prior In transmit tal of permit, applicant shall submit plans for an
on-site drainage system.for the &pproval of the Fxecutive Director that shall be
constructed and maintained to:collect roof And surface runnff so it does not flow
-intn the swimming lagoon. Said drainage system shall also firovide for retention
and treatment, or off-site disprisal of dry weather flow, from 1hp first hone of
fain %term.
3. Ruilding Plans
Priorin the construction of any building on the property, the applicant
W11. submit architectural drawringn,for approval of the Wcutive.DirariorM the
Commission!, Any dpviat inn from the approved plan shall require an amendmenl n.r a
separak coastal development permit.
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5 3 Ft^NC�P-
ENVIRONMENTAL MANAGEMENTAGENCY
PARKS AND RECREATION
OCT 14 1985
FILE DP:.IA
David Cherashore
Newport Dunes, Inc.
1131 Back Bay
Newport Beach, CA 92660
Subject: Marina Dunes
Dear Mr. Cherashore:
MURRAY STORM
Director, EMA
H. J. KRIZAN
Director of
Perks & Recreation
Location
12 Civic Center Plaza
P.O. BOX 4048
San(a Ana, CA 92702-4048
Mailing Addrecs:
P.O. Box 4048
Santa Ana, CA 92702-4048
We have discussed, during the past several months, the used dock section-,, being
stored in the water at Marina Dunes. Mr. Stewart has expressed the hope the
flotation of the dock sections may be used when be redeveiops the marina at
some time in the future. We have explained to Mr. Stewart the conditions for
County approval of the used floats:
1. The flotation system meet County standards.
2. A qualified marine engineer attest to the acceptability of the floats.
3. The floats must be removed from the water and can only temporarily be placed
on the leased property and must be fenced.
In the months that have passed since we met at the Marina Dunes office and
discussed the dock sections, this office has received many calls from boat
and home owners concerning the unsightliness of the floats and the navigational
hazard where the floats extend beyond the marina boundaries. We have recently
received more calls and a letter from 6) boat owner who states a dock. section
had broken loose and lodged under his vessel. Another dock section was re-
trieved from the ecological reserve area by the Newport Beach Marine Department.
As you can see, inaction on the part of the Dun.es and your sublessee Marina
Duties to deal with the ultimate use of the subject material has resulted in
a continuing nuisance and hazardous situation which in turn has created an
unacceptable liability risk to all. parties, specifically to Orange County.
During the past six months, no plan for the use of the dock sections has been
submitted nor have we received an evaluation of the flotation from a qualified
marine engineer; also, the dock sections have not been removed from the water.
Telephone:
(714) 834-8834
I
David Cberashore
Page 2
The existing situation is no longer acceptable to this office. The dock section,,;
must now be removed from the leased property within the next 30 days. In the,
event they are not removed, County staff will remove them and the cost , of their
removal will be billed to the Newport Dunes as stipulated by the terms of your
lease. The dock sections used as a temporary dock during dreding operations
at the Marina Dunes must be securely anchored and must be removed within one.
week after completion of the dreding operations.
We regret the need to take this action, but it is felt six months is sufficLent
time to resolve the matter. Any further delay may result in serious injury
or damage caused by the floats in the channel.
I Can be reached at 834-8202 if there is a question about the dock section
removal. .
Very truly yours,
�Znice Bingel, Lease Administration
A/Parks and Recreation
JB:no(7)(023)
cc: Richard Stewart, Marina Dunes
Charlie Yates, Newport Dunes
Lt. Harry Cage, 0. C. Sheriff
Kurt Brittain, EMA/Parks & Recreation Operations
Tony Mellum, Newport Beach Marine Dept.
Stephen Blanchard, GSA/RED
I -Y-I F;b FYA
County of Orange �u4wjt
MZ31
TO: Distribution List
MI
FROM: Program Manager, EMA-Open Space/Recreation/Special Districts
Program Office
SUBJECT: Attached Specifications
Submitted for your review and comment are proposed design and construction
criteria for Newport Dunes Marina redevelopment.
Please return any comments you may have
this office by May 15, 1985. Subject to
modify the criteria accordingly. Should
at Centrex 7064
DR:ww
concerning this draft criteria to
comments received, this office will
you have a question, call David Rosso
Attachment
Distnibution:
J. W. Williams, Design Division
K. Brittain, Rec. Fac. Operations
R. E. Hudson, Rec. Fac. Design
W. Hartman, P.W. Construction
Lt. Harry Cage, Sheriff's Harbor Bureau
D. Harshbarger, Director, Marine Dept.
City of Newport Beach
F850-1880/84) 6�.�
4. HARBOR CONSTRUCTION
A. GENERAL
The basic philosophy governing the construction of facilities in the water areas
of the harbor shall be based upon the need for safety and durability as well as
convenience and sightliness.
Structural elements of gangways, floats, plling, and similar features must be
adequate to safeguard Plot only human life but also the integrity of the boats
and other material objects kept by boaters. Materials of construction must res-ist
the corrosive effects of the saltwater environment to assure low maintenance and
long -life of -the structures. Floats must be designed to assure permanent buoyancy.
Good utilities will be required to provide for the convenience and safety of boaters,
and all construction must conform to the pleasing appearance of the overall harbor
project.
B. FLOATS
1. Dimensions
Main floats serving finger floats on on -e side only shall have a minimum width
of 6 feet. Main floats serving finger floats on both sides shall have a minimulil
width of 8 feet.
Marginal floats, where used to connect main floats, shall be parallel to the
quay wall and shall have a minimum width of 6 feet.
Finger floats up to 30 feet in length shall have a minimum W4 dth of 3 feet.
Finner floats over 30 feet in length shall have a minimum width of 4 feet.
Slips shall not be occupied by boats more than 3 feet longer than the slip. All
slips shall be single occupancy unless otherwise approved by the District.
Where finger floats are connected to a main float, a fillet shall be incorporated
in the design ano shall extend a minimum of 4 feet along both the finger float
and the main float.
The clear water dimension between opposing rows of finger floa'us shall be a alini-
mum, of 1.75 times the length of the longest finger float.
2. Lateral Loading
Finger floats shall be designed to withstand a wind load imposed by the berthed
craft determined by the following formulas:
(1) P = 15 (0.10L 2 )
(2) P = 15 (0.15L 2 )
I = 70 feet or less
L = greater than 70 feet
Where P = total load in pounds
L = length of slip in feet
3. Materials
Flotation units shall be one of the following: (1) concrete cast around a
solid core of expanded cellular plastic; (2) pressure -molded fiberailass re-
inforced plastic; or (3) an expanded cellular plastic material coaied with
an approved material to prevent physical damage. Hollow concrete floats will
not be permitted.
Iron and steel parts shall be heavily,gaivanized or equally protected w'!th a
corrosion resistant coating.
Deck surfaces may be concrete, Plastic or wood. Lumber for decks shall be a
minimum of I—, inches net thickness, unless otherwise specifically approved by
the Harbor Review Board. All, lumber except decking shall be' s'
grade Douglas Fir. elect structural
W'ood deck -Ing, shall be vertical grain Hemlock.' Use of"other
woods for decking shall be subject to the approval of the Harbor Review Board.
All deck surfaces shall have a non -slip finish.
All lumber shall be dried to an averade moisture content when used of 10
to 18 percent with 90 percent of load less than 12 percent. All lumber shall
be treated with fluorchrome arsenate phenol meetlng the requirements of the
American Wood Preservers' Association. Methods of application and results of
treatment shall be as specified by the American Wood Preservers' Association.
All lumber cuts and bolt holes shall be given a brush coat of concentrated
chrome arsenate phenol solution.
All lumber, except decking, shall be given a primer coal, as recommended by the
manufacturer, and two finish coats of approved epoxy paint. Hemlock decking
shall not be painted, but instead shall be given a finish treatment of penta-
chloroph.enol meeting the requirements of the American Wood Preservers' Associ-
ation standards for oil -borne perservatives.
4. Flotation
Sufficient flotation shall be provided to support a -live load of 20 pounds per
square foot of deck area, with a freeboard o�f not less than 9 inches. With no
live load, the freeboard shall be between 15 inches and 18 inches. Flotation
units shall be the oroduct of a manufacturer regularly engaged in the production
of such units excepi where guide piles are located in the end of the;f1inger float.
5. Fire Test
A typical float assembly shall receive a fire test to determine 'the fire re-
sistive characteristics of the assembly. The test shall be in accordance with
the following procedure and evaluted accordingly by a qualified testing agency.
The Fire Protection Department of Orange County must be in attendance during
the test.
a. Required Equipment and Mallerials
Heat measuring device - capable of reading developed temperatures up to
2,000 degrees F.
Stop watch - used to give accurate recording of events during the test.
Suitable tank or pond - should be large and deep enough so that the entire
X,
float is surrounded by water and is free floating.
Fuel - diesel oil and an accelerant.
Fuel measuring can - used to measure accurately the amount of fuel used in
test.
Igniting wand - suitable length stick with oil soaked rag at one end.
Probes, saws, hai-ilmers, etc. - needed to properly conduct and evaluate the
test.
Fire Departm_-nt hose and nozzle - used to extinQulsh "he fire after 4 minutes
of test fire. Use I-, inch or 23� -inch hose with 1 inch diameter nozzle and
50 -pound nozzle pressure.
b. Procedure
(1) Preparations for Test
Place complete float upon water. Secure i t in a fixed position so that it
is centrally located. The water should extend a minimum of one foot beyond
all portions of the float.
Place heat measuring device on the downwind side of the float located under
decking or in an area where entrapped heat and flames should exist.
Pour enough diesel oil upon surface of water for form a layer of oil 3/16
inch to I ' /4 inch thick. 'his should provide a burn period of 3.5 to 4
minutes. Record amount o� oil used.
When ready to start the test, pour two gallons of accelerant upon the oil -
may be gasoline, JP -4 or other similar material.
-12-
(2) Observations during test
When all preparations are complete, ignite the fuel (usina wand) uPon
a signal from the timer.
Heat generated should be recorded at either 15 or 30 second maximum
intervals over a free burn period of exactly four minutes. The tem.pera-
tures generated should reach approximately 1,500 degrees F. maximum and
average close to 1,200 - 1.300 deQrees F. �Will vary due to placement
of heat measuring device, wind directions, etc.)
Upon signal from the timer at expiration of four minutes, cause the
extinguishment of the fire. Use the I inch diameter nozzle pressure.
Attempt to penetrate 'the pontoon sides with the steam from approximately
20 feet from the float.
Complete extinguishment USinq spray if desired.
NOTE: The above test should be conducted in an open area and with wind
not exceeding 10 mph. Large amount of heat and smoke are generated and
this should be anticipated prior to conducting the test.
c. Evaluation Methods
When the float has cooled, an observer should ge'u upon it (if possible) and
determine the float's stability, strength of deckina. etc.
Observe whether any water is entering the pontoons.
lfwater is entering the float, leave observer upon it as long as possible
or until the float no lonner sinks - measure time and note all pertinent
information, (NOTE: The float should support 'the observer for 30 minutes
without sinking). Use probes, saws., etc.
When no further inflGrmation is to be gained, remove float from the tank.
Measure and record all physical damage which occurred from the test.
d. Evaluation
Apply the following table to all portions of the float - rate separately
"he pontoons, deckine and frame.
(1) Rating "A" - Very acceptable in all respects. Little or no damage
occurred during the test. No indication of stability loss or change in
structural strength.
(2) Rating "B" - Acceptable, even though damage,occurred from the test.
No loss in stability evident; some decrease in physical strenQth occurred
but part being rated is still stable. Anticipated that further exposure
to flre could be suffered without sinking or serious loss in stability.
(3),:Ratinq "C" - Barely acceptable. Laroe amount of damacie occurred with
some loss in stability. 'Further exposure to fire would probably result in
failure. No hazard to life or limb is apparent.
(4) Rating "D" - Non -acceptable. Little or no stability retained; large
structural strenqth loss. Materials used in construction were defective,
contributed to extension of fire or other hazardous feature occurred.
e. Conclusions
Where any pontoon, decking or frame is rated "D", the entire assembly is con-
sidered,as non-acceptablie until defect has been corrected and re -tested
satisfactorily.
Where all portions of the assembly are rated as "A" or "B", it is considered
to have passed successfully.
A "C" rating for the pontoons is not permissible but is allowed for decking
or frames.
When exposed lumber is used on fram�e or decking, it should.be a minimum of
1�, inch thick. An automatic ratinc of "C" is given to Such lumber. Where
minimum thickness is 2 'Inches or more,. it is given a "B" rating. -1
C. GANGWAYS
Gangways shall be provided at the ends of all main floats exceplu where marginal
floats are used, in which case on oangway may serve more than one main float.
Gangways shall have a minimum clear width of 4 feet and a minimum 'length of 30
feei.
Each gangway shall be provided with a locked gate at or near the shoreward end
so arranged as to provide an effective barrier against access by unauthorized
persons. No part of the gate structure will be permitted to intrude upon the
perimeter walk. The arrangement and appearance oil the gate structure will be
subject to the approval of -the Plarbor Review Board.
Where the gangway rests on the main float, adequate width shall be added to the
main float to provide a clear space oil the main float of not 'less than 8 feet on
one side, or 4 feet on each side of the gangway to the -edge of the manin float.
Gangways shall be designed for a live load of 40 pounds per square fOOt.
Protective handrails shall be provided along both sides of each gangway. The
handrail construction shall match that used by the District on the Harbor quay
walls. Handrails shall be designed to withstand a lateral load of 30 pounds per
lineal foot, applied to the top rail.
D. GUIDE PILES
All piles shall be precast reinforced concrete or concrete -filled steel pipe and
shall be placed att maximum 50 -foot centers alono the main floats. Finger floats
over 30 feel in length shall have a guide pile at the outboard end. The tops of
all piles shall be at eleva t4 on, +12 +0.2 feet. An effective cone-shaped bird
deflecting device shall be provided alF the top of each pile.
Sufficient investigation and design shall be carried out to insure that each pile
is adequate to resist -the lateral load imposed. The number of piles provided shall
be sufficient to withstand wind loading on berthed craft with all slips occupied.
Wind loading normal to the axis of berthed -raft shall be determined by the �orm-
ulas listed in Paragraph 5 B.L Wind loading parallel to the axis oil berthed craft
shall be determined by the following formulas:
(1) P = 15 (0.10 WL) L = 70 feet or less
12
P = 15 (0.15 WLY) L = greater than 70 feet
Where V1 = Width of slip
The full load, P, shall be applied to all unshielded craft, and 10 percent oil the
,ull load to all craft in the lee of unshielded craft. Guide piles shall be de-
signed by a licensed engineer and al! calculations and other pertinent data shall
be submitted for approval i Steel pipe for piling shall have a minimum diameter
of 8 inches, a rin . nimum wall thickness of 3/8 inches and shall receive two coats
ol' coal ]for epoxy applied after sandblasting.
LOCKERS
A locker of not less than 6 cubic feet capacity, and not over 24 inches in height,
shall be provided bv the lessee for each slip, and shall be iocated on one of the
fillets at the Junction of the finger float and main walkway. Lockers shall be
constructed of fiberglass or oil fiberglass -covered plywood.
Rental lockers may be provided for boat owners at convenient locations onshore,
preferably in conjunction W4 th rest room facilities. These lockers should be no'
L
less than 6 feet in height, 2 fee t 4 n width and 21-, feet in depth.
I
LIGHTING
All main floats shall be lighted. Lighting fixtures may be free-standing or
incorporated in locker boxes, but shall riot in any case be more than 7 feet
above the float deck. Fixtures shall be so arranged that approaching vessels
will not be subjected to glaring liQht.
G. LIVING ABOARD BOATS
This Design Criteria has been written based on the assumption that, in general,
the boat owners will not be living on their boats. In the event the lessee
desires to develop a portion of his lease area for boat owners who will live on
their boats, the lessee shall, prior to submittal of preliminary plans,. meet
with the District to determine what additional criteria will be applicable.
H. LIVE BAIT
Live bait shall not be maintained or sold in the harbor except in floating,
anchored bait receivers conveniently 'located in the refuge anchorage area.
Dead bait shall not be dumped in the harbor.
5. UTILITIES
A. GENERAL
Main utility lines have been provided by the lessor as indicated on Exhibit E.
Lessee must install all service facilities with -in the leased area at his -own
expense. All utilities on the ]eased area, except those on 'the floats, must be
placed underground in accordapce with the requirements of this Design Criteria.
All underground utilities, including service connections, must be installed
prior to surface improvements, such as paving, curbs and gutters, etc.
B. GAS
Lessee shall provide facilities for the transmission of gas within the lease
area in accordance with the requirem-ents of the Southern Counties Gas Company.
The New Business Department should be contacted at (7/14) 538-0211 to coordinate
the installation of the facilities,
C. SEWERS
1. General
The Orange County Harbors, Beaches and Parks District has provided necessary
sewage lift stations so that all sewers within the lease areas are gravity
flow. Sewer lines entering the lift stations from the lease areas shall, be
at approved elevations.
Sewers shall be in accordance with "General Regulations Aumber 2, Dana PO4 I nt
Sanitary District" dated February, 196-1. and, shall be extra strength clay pipe.
Clay pipe joints shall be made with preformed resilient gaskets, ASTM C 425.
2. Main Line Criter 4 a
I
Main lines shall be located so that no house connection is over 150 feet in
length.
The minimum size shall be 8 inches in diameter. Pipes shall be designed at
li, depth at maximum flows with n = 0.013.
The minimum orade is 0.004 feet per foot.
The minimum earth cover ove- the sewer shall be 4.0 feet.
Manholes shall be located at the ends of all main lines, at all changes in
direction and shall have a maximum spacing of 400 feet.
-15-
1, Location Relative to Water Lines
Sewer locations -in relation to water lines shall adhere, as a minimum, to. the
standards set in the Orange County Health Department�s bulletin entiLled
"Required Separation Between Water Mains and Sanitary Sewers". A copy of said
bulletin shall be made available to optionee-liessee upon request.
4. Holding Tank Pump -Out Facilities
It is anticipated that State and/or Federal laws will be ' passed and implemented
lequiring marinaS to provide facilities for pumping out and disposina of the
contents of marine toilet devices on boats. Tit shall be the responsibiiity of
the lessee to keep informed of such laws and to comply promptly with their re -
qui rements.
I;
1. Pump -Out Stations
A minimum of one holding tank pump -out station is required to be provided in
each of Parcels 6, 10, 20, and 22.
D. ELECTRICAL POWER
1. -eral
I Gen
Lessee shall provide facilities for the transmission, metering, and distribution
of electrical power within the lease area in accordance with this criteria and
the requirements of '-the San Diego Gas and Electric Company. The Customer Exten-
sion Planner Should be contacted at (714) 492-5!11 to coordinate the installation
of the facilities.
2. codes
All electrical construc'Lion shall comply with the requirements of the National
Electric Code as amended and adopted by the County of Orancie, and the Safety
Orders of the State of Calijornia.
1. Underground Requirements
A-11 exterior wiring including feeders, distribution systems, street and parking
area lighting and building services shall be underground in conduit. Load
center substations and transformers may be above ground on concrete pads,
weather protected and located so as to blend with the architectural design of
the area.
a. Materials
a. General
Conductors shall be Type 'IT" for dry locations and "TV for damp I I ocations
and underground.
Conduit in buildings and where allowed by code may be electrical metallic
tubingor flexible steel. Wiring devices shall be of the highest grade.
Switches shall be 'IT" rated.
Lighting fixtures in all areas and locations shall be U.L. listed. Swivel,
hangers shall be provided on all suspended 'Interior fixtures and all inulti-
sLem interior fixtures shall be equipped with shock absorbing washers.
All wiring devices shall be U.L. listed and designed for corrosion resistant
locations.
b. Land Areas
Conduit installed underground or In, concrete shall be hot dipped galvanized
or sherdardized rigid steel,.threaded bype, plastic cloated. Conduft larger
than 2 --inch trade size installed underground may be non-metallic if concrete
encased.
-16-
c. Wailer Areas
Concuit on the floats and in or near the water shall be plastic coated -
galvanized steel or polyvinylchloride (PVC') Schedule 40.
Connection between 'the onshore facilities and the electrical system or. the
loats shall be made by means oil a flexible multi -conductor neoprene sheathed
T I
cable, code sized to suit the design load. A loop shall be provided with
suffic-lent lenoth to aUlow for extreme tidal fluctuations without the im-
position of any stress upon the cable. The arrangement shall also be such
as to protect the cable from wear due to rubbing or dragging on any surface
as the q oat moves. The cable loop may dip into the water as needed to
obtain the required flexibility.
All mietal straps, hangers, boxes, cabinets and other -materials or equipment
used for the. electrical system on the floats shall be galvanized and plastic
coated. flon-metallic boxes and flittings may be used with the non-metallic
(PVC) conduit -if all devices are grounded by a separate ground w1re.
Power centers for the boat slips shall be corrosion resistant (fibre glass
or equal), enclosures installed on each side of the main floats in such a
wav that shore cords used by boat owners will never have to cross a main
float to reach the power center. At least one power center shall be in-
stalled for each 2 slips. These units shall offer a varietv of weatherproof
service grounded type outlets depending on size of boat slip, with each in-
dividual outlet protected by its own. circuit breaker. The shore power
service outlets that shall be -installed for various S4 zed boat slips are
listed below:
(1) All. slips up to 35 feet in length shall have nothing less than one
115 VAC, 3 wire, 30 amp single grounding type outlet for each slip.
(2) A!` slips 36 feet to 49 feet in length shall have at least one 1115
VAC, 3 W4 re, 30 amp single grounding + De outlet with 75 percent having
I I - ly. -1 1
proviSiG, -IS for two independent 115 VAC, 3 wire, 30 amp single grounding
type outlet.
(3) All slips 50 feet to 59 feet in length shall have at least two in-
dependent 115 VAC, 3 wire, 30 amp single grounding type outlet and a
115/230 VAC, 4 wire, 550 amp sinqle Phase shore service grounding type out-
let wired in such a way that t -he 115/230 VAC shore cord can be used in place
of the two 115 VAC shore cords, Fort,, percent of these slips shall have
two 115 YAC, 3 wire, 50 amp shore service grounding type outlets in place
of the 30 amp set -vice outlets.
'4) L L, 11 have crovisions for Un
All slips 60 fee' in length and longer sha I,
to two independent 115 VAC, 3) wire, 50 amp service grounded type outlets
and a 115/2310 VAC, 4 W4 re, 50 amp single phase serV4 ce grounded t pe out -
j - I Ly
let wired In such a way that the 115/230 VAC shore cord can be used in
-place oil the 115 VAC service outlets.
i� TELEPHONE AND TELEVISION
Adequate telephone and cable television provisions shall be provided in the lease
areas. A minimum of one public pay phone shall be installed at each rest room
facility. Provisions shall also be made to serve boat owners with a private phone
and cable television outlet center on each side of "he main floats. These shall
be installed either -in the dock lockers or made into an integral part of the
power center. The enclosures and wiring devices shall be corrosion resistant.
Wiring devices provided for telephone service shall be in accordance with the re-
quirements of The Pacific Telephone and Telegraph Company. To coordinate the
installation, call (710 493-4561. No TV antenna will be permitted on floats.
F. WATER
1. General q v Z
The water supply system shall conform. to the provisions of this eS4 V
ign Criteria,
to the applicable requirements of National Fire Protection Ass ' cia�ion Bulletin
No. 303, "Fire Protection of Boatyards and Mal-inas"; to the applicable require-
ments of "Standard Speci flicaticns for Domestic Water Sys tern, "-Ga-p� Beach
�,�; and other NFPA standards referenced
+herein, exc �t as modified herein.
-17-
The District Manager of the Capistrano Beach County Water District should be
contacted at (714) 496-5261 to coordinate the installation of the facilities.
2. Land Areas
a. General,
All water mains shall be asbestos cement or cast iron pipe with resilient or
mechanical joints.. The minimum size of mains shall be 8 inches and gate valves
shall be installed on mains at lease lines and at intersections ol mains. All
water rnains shall extend to the furtherest fire hydrant or fire sprinkler system.
Minimuml earth cover shall be 2.5 feet.
b. Fire Protection
Average area per fire hydrant shall not exceed the following values, including
parking areas which shall have hydrant protection:
Required Fire Flow
G. P. M.
1,000 and under
2,000
3,000
4,000
Area Served Per Hydrant
� Square Fee+,
i60,OOO
140,000
120,000
100,000
Hydrants shall, be located so that all exierior parts of each building can be
reached by at least one hose stream with length of hose not exceeding 250 feet.
All fire hydrants shall have one 2�'2 inch oAtlets and one 4 -inch pumper outlet
and be Greenberg or equal with National Standard threads. Hydrant branches
shall be 6 inches and have gate valves. Hydrants will be maintalned by the
Capistrano Beach County Water District.
3. Water Area
a. General
Each ma 4 n float shall be served independently with a flexible connection from
the underground main and reduced pressure Principle back flow prevention device
shall be installed at the land end of the main float. All water lines in-
stalled on the floats shall be Placed under 'the deck and shall be copper pipe,
lype L. The minimum pipe size shall be 1 inch, except that the minimum pipe
size serving hose stations shall be 2 inches. Piping shall be sized to pro-
vide a residual pressure of not less than 25 psi at the niost remote hose
station with the two most remote hose stations operating simultaneously. Com-
plete calculations justifying the design shall be submitted for approval.
One 3/4 inch brass double hose bibb or two 3/4 inch brass hose bibbs on one
riser shall be provided -for each Pair of slips. Each riser shall be equipped
with an a"Wospheric type vacuum breaker backflow preventer.
b. �'ire Protection
Hose stations shall be provided on the main floats at spaces of 100 feet.
Each hose station shall consist of a hose cabinet painted red, and 100 feet
of approved single jacket hose treated to Prevent mildew. The hose shall be
11-� inch eQ ' uipped with a combination straight stream and fog nozzle, and a
hose valve in the cabinet. A I -F -Pound CO2 or an 8 -pound dry chelinical fire
extinguisher shall be placed in each cabinet.
Each main float shall have a pumper connection with check valves.
G. ALARM SYSTEM
The lessee shall extend, within 'the limits of the lease parcel, the alarm system
installed by the Orange County Harbor District to the 'lease boundary. This alarm
system transmits fire and rescue calls to a central dispatch office.
_18-
H. RUBBISH COLLECTION
1. General
All individual refuse containers shall be provided with single use disposable
liners which can be tied off and removed to a concentration po-Int.
2. Land Area
Adequate numbers of approved containers shall be placed throughout the lease
area to provide the public and boat owners convenient means of disposing of
trash.
At points of concentration, the lessee shall provide adequate numbers of
attachable containers that are compatible with the rubbish collection eqU4p_
ment serving the harbor area. These containers shall be stored in a totally
enclosed area. The enclosed areas shall be designed of smooth, easily clean-
able floors and walls and shall be provided with equipment and drainage for
cleaning all containers.
3. Water Area
Adequate numbers of approved containers shall be provided on the main floats.
It shall be the responsibility of the lessee to transport the contents of these
containers to the points of concentration mentioned previously.
T
1. DISPOSAL OF FLAMMABLE 'LIQUIDS
Each lessee whose lease includes boat slips, except Parcel 23, shall provide
the means for boat owners to dispose of wastEr oil, paint, thinner, diesel fuel
and similar flammable liquids. At least one such facility shall be provided in
each lease area. Receivers shall be underground, liquid -tight and be designed
and located so as to be easily emptied by means of vacuum trucks for remote dis-
posal at an approved site. The details and location of "he receiving container
shall be subject to the approval of the Orange County Fire- Prevention Department
and the Harbor Review Board.
_19-
STATE OF CAUFORMA-REWURCES AGE
CALIFORNIA REGIONAL. WATER QUALITY CONTROL BOARD
SANTA ANA REGION
6609 INDIANA AVENUE, SUITE 200
RIVERSIDE, CALAFORMA 92506-4298
I PHONE: M4) 6a4-9-330
December 8, 19.83�:
-Enviromyental Protection Agency - PRC (M-5)
U. S. Army District.. Los Angeles, Corpst of 'Engineers.- Permits Section
N'OAA,, Natiorral' Mlarin& Fisheries Service.
U. S. Fish and WiT.Alife Service
State Water Resources Control Board,� John -Rich'arcLsj, Office of the Chief Counsel
State: 90artmeret of Wdt�er %sources
State Department, of, Ffstr- and- Gam,- - Maff ne Resnuxroaas' Region
State. Depart—. -n -t iof H�ea�!,th 8e ices -� Sant
-rv.,
a� Ana
State. Coastal Zone: Conversati= Cond-ssion, Sduth, Coast �Reg,.
Orange�County Health Department
Orange County Water. District
City -of Newport Beachv'
Gentl errL-n:
Enclosed is a copy of tentative Ord . er No. 84-9� rescinding the waste� discharge,
requirements for Orange County Environmental Management Agency's.maintenance
dredging project in Newport Dunes- This action is being taken because the.
dredging has been completed and: the spoils generate<[ from the project have been;
re,mved.
This order is scheduled for consideration at the,Board"s January 13, 1984,
meeting. Your cor�ments are requested to be available priorL to,.Decerfber 30,
1983.
If there are any questions,. please contact�this office.
Sincerely,
n
UY
JAMES W. ANDERSON
Executive Officer
Enclosure:. Tentative Order No. 84-9
FEV:pk
California Regional Water Quality Control Board
Santa Ana Region
January 13, 1984
ITP -4:
SUBJECT: Rescind Waste Discharge Requirements, (Order No.
80-29, NPDES No. CA 0106585) for Orange -County
Environmental Management Agency,.Newport Dunes.
Maintenace Dredging, Orange County, Order No.
84-9.
DISCUSSION:
On February 29, 1980, this Board adopted Order No. 80-29,
NPDES No. CA 0106585,.for Orange County Environmental
Management Agency (OCEMA). OCEMA proposed to do mainte--
nance dredging within the Newport Dunes area. The
resultant spoils were to be properly disposed of one year
after the project's completion.
The dredging was completed in January 1983, and on March 22,
1983, this office was informed that the dredged spoils had
been completely disposed of and the site covered with
asphalt for construction purposes.
Therefore, Order No. 80-29 (NPDES No. CA 0106585) is no
longer needed.
RECOMMENDATION:
Adopt Order No. 84-9 as presented.
WOES No. N�-Q�658y, for Orange County
Envi ronuk-nt XO W.L�ment Agency, was
adopt24,bv rd for the proposed
m * . �6 - I I . I I I . . p —
ai c 6 g� ng of Newport Dunes..
V91
.2. oj 'is now compl eta,. and all of�
.dr e
Sspoils from thesite have.
Abeenen
r ed.
���fore, Order No. 80-29 (NPDES N
Of 0,585) is I
no onger necessary..
H p ORDERED that,Order No. 80-29 (NPDES No.
IrA 0 be� rescinded. -
--W Anderson Executive Officer, do hereby
ce i th e forego -Ing is.a full, t ru e , a rid correct copry
of rder adopted by the Cal-Iformia Regional I -later
Quality Control Board, Santa Ana Region., on January 13,,
84.
JAMES W. ANDERSON
Executive Officer
VICINITY SRETCH
are 7�'s; 5 s dr CXI 0,�
pw R 7
I Q
�DA
Move Made Over Cityls Oh*cdons
Newport Dunes Upgrading
Approved by Supervisors
By GARY JARLSON, Times Staff Writer
Over the protests of the City of
Newport Beach, the Orange County
Board of Supervisors Tuesday ap-
proved an extensive redevelopment
Of Newport Dunes Aquatic Park.
The plan calls for updating and
expansion of facilities within the 70 -
acre park, located north of Coast
Highway at Bayside Drive. as well
as the development of new projects,
including a 350 -room, family-tyPe
inn and a retail complex.
The redevelopment plan, which
has been more than four years in
the making, would be executed in
phases by Newport Dunes Inc..
-which holds leases on the property
running through the year 2015,
Newport Beach officials, who
unsuccessfully sought to have the
Board of Supervisors delay its ac-
tion Tuesday, believe that elements
of the redevelopment proposal are
not consistent with the city's
'p
general plan and that traffic. water
quality and noise problems are not
/adequately addressed in the envO,
ronmental impact report. n
Current public uses of the parl.'
include recreational facilities, overle
night camper parking, restaurarz,
and food services, and boat aro
marina facilities. The most popull,
feature is a 13.7 -acre beach thZil
annually serves 150,000 people. W
9,
Secondary facilities inclul ",
rental facilities, a wading pool an(tw
'tent camping area for grot4l.,
County studies have shown mosv� I
the facilities have physically d=
1 50
riorated due to the marine env4
ment and public use. r 31
Under the plan approved in c:U-11h
cept Tuesday, new facilities nOmt
besides the family inn and re=
complex — would include at l(w=
100more boatslips, a bicycle trzili, a
Pleas see DUNES, Page 4
I It
4 - V
�Kl e_
� 1
DUNES: Plan
OKd by Board
Cmitinued from Firfft Page i
350 -space recreational vehicle
park, a restaurant and more than
2,000 parking spaces.
Areas to be expanded or upgraded
include dry boat storaLge, the beach,
an existing restaurant and conces-
sion stands.
The plan is a revision of a
proposal submitted to the Board of
Supervisors last July. The first plan
called for a second motel, still
another restaurant, reduction of the
beach by 3.9 acres and expansion of
the current 230 -slip boat anchorage
to accommodate 610 vessels.
Newport Beach, in opposing
county adoption of the plan, claimed
traffic sections of the impact report
were inadequate because they, only
discuss the project in terms of exist-
ing traffic and do not take into ac-
count other projects that have been
approved for the area.
The city also charged that it is
possible that nearby residential
areas will be impacted by unaccept-
able noise levels generated by traf -
fic in, the park.
The thrust of Newport's argu-
ment, however, was that the
redevelopment plan is not
consistent with its general plan for
the property.,The park is on state
tidelands granted to the county.
The city surrounds the park on all
sides.
"The city General Plan is the
only one in effect for that property
and state law requires that there be
a mandatory finding, when a project
is approved, that it be consistent
with that General Plan," said New-
port Mayor Jackie Heather.
May 22, 1979
Charles Rivezzo
% "Anthony's"
103 N. Bayside Drive
Newport Beach, CA
Dear Mr. Rivezzo:
CITY OF NEWPORT BEACH
As I pointed out to you by telephone on May 21 ' 1979, there are two
,structures located at your bulkhead that are not covered by a City
Harbor Permit.
Specifically the "T" shaped float chained to the bulkhead nearest
your restaurant is not covered by a permit and most be removed.
The "U" shaped float -has been revised without a permit.and the
revisions must be removed. Our drawings indicate that only a ramp
and rectangular float are permitted. The "fingers forming the U"
must be removed.
This situation should be corrected within -two weeks of this letter
to avoid further action by the City.
If you have any questions regarding the above, please call me at
640-2156.
Sincerely,
Tony Me!,/UM
Harbor Inspector
Marine Department
TM: I I
City Hall - 3300 Newport Boulevard, Newport Beach, California 92663
A/
CITY OF NEW, PORT BEACTI-11
April 19, 1978
Mr. Dennis Sundstrom
Environment al. Services Division
Environniental Management Agency
P. 0. Box 4108
Santa Ana, CA 92702
Dear Mr. Sundstrom:
The [Aarine Department has received your notice regarding the proposed
dredging in the Newport Dunes area. Several items of concern are not
covered in -the Environmental Information attached to your notice. These
itenis -include:
1. Plans showing specific location of dredge site and disposal site.
2. Design of desilting basins to prevent spoils from re-entering the
Upper Bay.
3. Location of desilting basins discharge pipe outlet and affect on
adjacent marina.
4. Fencing around desilting basins to prevent public access to the
basins.
5. Restoration of disposal. site upon -completion of project.
6. Location of transfer p-Epes if they are to remain floating and the
effect on vessel access to the adjacent marina.
Any information -you could provide on the above items would enable us
J.o complete a review of the project and forward our remarks to you.
Si ncerely,
/ n e '�de n
W -
n 14'
Tidelands Administration
Mar-Ine Department
GEW: I I
Cl�v Hall 3300 Ncwport Boiilcvard, Newport Beach, California 92662
CITY OF NEWPORT BEACH
April 17, 1973
Ms. Sandra L. Genis
I
Environmental Analyst
Westec Services T nc.
1
180 E. Main Street
Tustin, CA 92680
RE: Newport Dunes Environmental
Dear [is. Genis: Analysis
As you are aware, the 26 acres of water in the Dunes is an enclosed
bay. In the past, some concern has been expressed regarding water
circulation within this bay. Should the proposed development include
a marina,consideration should be given to the location of the marina
and the size of the marina. It has been the Marine Department's
experience that marinas tend to act as traps for floating debris,
petroleum residues and biological surface scum.
Additionally, construction of a marina could require bulkheading and
fill -Ing of the adjacent -land site which may, depending on the design,
either contribute to the trapping of debris mentioned above or assist
in flushing the marina.
The City of Newport Beach does have criteria for marinas and supporting
facilities which will have to be met. These criteria deal with parking,
restrooms, vessel wastes, electrical and plumbing among other. A harbor
permit for any water oriented activity must be obtained from the iilarine
Department. The above criteria is considered during the permit process.
If I can provide additional information, please let me know.
Sincerely,
n
G I Xn;",l '1"6 1'e5
Tidelands Administrator
Marine Department
GEW: I I
City Hall - 3300 Newport Boulevard, Newport Beacb, California 92663
WESTEC Services, Inc.
180 East Main Street
Tustin, CA 92680
(714) 838-4644
78-16SSLG-2174
April 11, 1978
Mr. Glen Welden
Tidelands Administration
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Dear Mr. Welden:
WESTEC Services is
analysis for the Newpor
study area covers 70+ a
itself. The area is—sh
like to identify those
ities which may prevent
ational development on
currently performing an environmental
t Dunes area in Newport Beach. The
cres of land and 26+ acres of the Bay
own on the enclosed7map. We would
environmental constraints and opportun-
or influence possible commercial/recre-
the property.
We would appreciate any information you might provide us
concerning any factors which could constrain, limit, or shape
future development of the site. This information will be used
as input to define optimal uses for the property.
Thank you for your cooperation.
Sincerely,
��� g, cz��
Sandra L. Genis
Environmental Analyst
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DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES, CALIFORNIA 90053
SPLCO-N Public,Notice No. 76�199
12 November 1976
Date Comments Due:
13 December 1976
YOU ARE INVITED TO COMMENT ON THIS APPLICATION FOR A PERMIT
APPLICANT: Marina Dunes, Inc.
101 North Bayside Drive
Newport Beach, California 92660
APPLICANT's AGENT: Ekil Harris (Shellmaker) 714-644-0550
ACTIVITY: Under Section 10 of the River and Harbor Act of 1899, under
Section 404 of the Federal Water Pollution Control Act, and under Section
103 of the Marine Protection, Research and Sanctuaries Act to perform
.maintenance dredging of approximaiely 445 cubic yards of material using
a hydraulic suction dredge, from beneath -multiple floats at 101 North
..Bayside Drive, Block 54, Tract Irvine Subdivision, in Newport Bay,
Pacific Ocean, City of Newport Beach; Orange County, California, as
shown on the drawing accompanying this notice.
The dredge . d material will be barged and bottom -dumped at approved Environ-
mental Protection Agency (EPA) disposal site LA -3, Newport Beach, 250
fathoms, within a 1,000 -yard radius of Latitude 33031'42" N, Longitude
117054'48". W.
PURPOSE AND USE: to maintain an adequate depth for small craft operating
in the area.
FEDERAL, STATE AND -LOCAL AUTHORIZATIONS. Approval has been received
from the City of Newport Beach and the Water Quality Control Board.
This project is e-Kempt from -the Coastal Zone-Conservation-Commiss1on.
ENVIRONMENTAL IMPACT: This.office does not intend to prepare an Environmental
Impact Statement . on this.activity unless s ignificaut detrimental effects
are brought to our attention�
PUBLIC HEARING: Any person who has an interest which may be adversely
af.
tected by theissuance of a permit may request a public hearing.
The reques..must be submitted in writing to the District Engineer within
thirty (30) days of the date of this,notace and must clearly set forth
the interest which may be affected and the.manner in which the interest
may be affected by the activity.
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MARINE DEPARTMENT
September 13, 1976
TO: MAYOR AND CITY COUNCIL
ITEM NO.: H-10 (b)
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATION NUMBERS 016-101 and 129-1221
BY MARINA DUNES, INC. AND BALBOA BAY CLUB RESPECTIVELY TO
PERFORM MAINTENANCE DREDGING.
RECOMMENDATION
If desired, approve the application subject to the approval of the
U. S. Army Corps of Engineers.
DISCUSSION
These applications are for dredging 445 cubic yards of material at the
Marina Dunes and 780 cubic yards of material at the Balboa Bay Club in
those specific locations as shown on the attached drawings.
Because these applications exceed the 100 cubic.yard limit of the
"Blanket Permit" the U. S. Army Corps of Engineers must approve separate
permits for the dredging. City Council approval is required prior to
submittal to the Corps.
There is no anticipated adverse affect on contiguous bulkheads or beaches.
Shellmaker, Inc., the dredging contractor, will minimize turbidity as
much as is possible and will barge the dredged material to the Environmental
Protection Agency's designated disposal site, four miles at sea.
D. HARSHBARGER, DIRECTOR
MARINE DEPARTMENT
Gel tK eel d
Tidelands Administrator
GEW: ts
Attachments
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STATUS SHEET
HARBOR PERMITS
LOCATION /U A! /G e� L4
PERMIT No.
APPLICANT NAME A:�j I
CONTRACTOR
Date Rec'v (0—
Fee Amt.
Date Reviewed by Marine Dept.
Approved Denied
Corection Required - Description
City Council: Approved
Remarks
DATE MATERIAL SENT/APPROVED
C.O. E.
I . Application
2. Consent Ltr.
3. "Waste" Ltr.
4. Drawings
5. Staff Report
6.
7.
8.
REMARKS
DATE FINAL INSPECTION
SCRZCC
Denied
New
Revision
Dredging
Fee Processed
SARWQCB J.H.C. OR. CTY. T.I.C.
M
CHECK LIST FOR APPLICATION NO. 76-199
.111ary0r, P/"?�-j
(Circled items are incomplete. Numbers refer to numbered items
on your application form.)
6. purpose, description of structures on fills or platforms, type,
composition, quantity of materials, method of dredging, means of
conveyance, disposal site of dredged-m-a-t-e-r-i-aT,—step-b;-step description
of work.
mailing addresses, owners and lessees.
13. when issued, provide copies of approvals or certifications listed
on your application and below under "OTHER".
15. types of vessels, sewage pump out and refueling facilities, hazard-
ous materials contingency plan, copy of environmental assessment or
report if prepared.
16. Print name and title of signor, signed statement as described in
item 16 designating your agent, fee.
DRAWINGS - see attached check list
OTHER: Need
Copy of City Approval 97Z-746 el 1/11,; C-1
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PERMIT NO. 016— /0/
DREDGING APPLICATION
Project Location;- 101 N. Bayside Dr.
Cubic Yards to be Dredged: 445
Method of Dredging. Hvdraulic Suction
Nature of Dredged Material: Sand/Silt
Disposition of Dredged Material: Haul to sea and dump at Latitude 33031142"N,
117054148"w
Method of Material Disposition: Barge.to sea
Turbidity Control Method: Material to be contained in Dump Barge
site.
Effect of dredging on contiguous bulkheading and beaches None
I'll, p hereby state that I have read the U. S. Army
rint name)
Corps of Engineers permit for maintenance dredgingin Newport Harbor, the
City of Newport Beach and orange County Harbors,Beaches and Parks District
(if applicable) permit for maintenance dredging and that I accept all the
provisions therein., Additionally I guarantee that the proposed dredging
will not occur because of any altering of existing use of the affected
zone.
Dunes Inc.
(Applicant -type name)
Shellmaker, Inc.
(Contractor -type name—)
Signed:
i�ontractor s
Representative
July 7, 1976
TO.:
City Council Meeting July 12, 1976
Study Session Agenda Item No. 5(c)]
CITY OF NEWPORT BEACH
City Council
FROM:,
Department
of
Community
Development
SUBJECT:
Status Report
Proposed
Redevelopment Newport Dunes
At its meeting of June 23, 1,976, the Board of Supervisors received
and accepted the report of the Newport Dunes. Redevelopment Committee
and adopted Resolution No. 76-909, embodying the Committee's racom-
mendations. A copy is attached. I am pleased to r.eport that the
most important issue (the joint City and County environmental analysis
and the request for conclusions and recommendations of the City Council
to the Board of Supervisors regarding the plan) were included in the
resolution.
In proposing the resolution, Supervisor Riley commented that it was
�,his expectation,. and he assumed the expectation of the Board, that
any development on the Dunes' property woul.d be self-supporting and
would not require subsidy from the general taxpayers ofthe County.
Thi's could create a problem only if the.proposed uses in the p.lan
submitted by the developer are not acceptable in the final analysis.
The most contr:oversial of the uses approved by the Committee was the
"family-oriented motel," and this is likely to be the most contro-
versial use considered during the public hearings.
The City staff recommended that -The Reynolds Environmental Group be
used as the environmental consultant. The firm appears to be accept-
able to the County and the developer as well. The firm is in the
process of preparing a proposal for the Environmental Impact Report
which will be considered in the near future.
I will keep you informed of the development of the plan as it moves
along.
Respectfully submitted,
DEPARTM�"F COMMUNITY DEVELOPMENT
"00
K V. ��Di��
RVH/kk
Attachments for Council only:
1. Resolution of the Board of Supervisors
2. Recommendations of the Committee and Minority Report
or
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY., CALIFORNIA, ALSO ACTING AS
THE GOVERNING BOARD OF THE ORANGE COUNTY
HARBORS, BEACHES AND PARKS DISTRICT
June 23, 1976
On I motion of Supervisor Riley, duly seconded-and.carried, the
following Resolution was adopted:
WHEREAS, this Board by Minute Order of March 6, 1976,, instructed
the Direc I tor of theiEnviror mental Management Agency to establish a
citizens' committee to analyze and report on the redevelopment of the.
'Newport Dunes leasehold located in the lower portion of upper Newport
Bay in the City of Newport Beach; and
WHEREAS, the Newport Dunes Redevelopment Committee has been estab-
lished, has analyzed the various proposals for redevelopment of the
Newport Dunes and has submitted its report containing various recommen-
dations to this Board for consideration on this date;
NOW. -THEREFORE, BEIT RESOLVED AS FOLLOWS:
The Director of the General Services Agency is hereby authorized
to begin negotiations of a new or amended.lease with Newport Dunes,.Inc.,
incorporating th e Uses as rec- ended by the Newport Dunes_Redevelopment
committee in its report to this Board and return the proposed amended
.or newlease to this Board for consideration -in conjunction with a de-.
velopment plan.
2. This Board hereby requests the lessee, Newport Dunes, Inc., to
submit preliminary plans adequate for environmental anilysis, starting
with a total site planning effort to the Director of the Environmental
Management Agency.
3. This Boardhereby authorizes.a joint City of Newport Beach
County of orange environmental analysis of the proposed redevelopment.
The Newport Beach City -Council is requested to notify the.Board
of Supervisors of.its,findinis, conclusions and,recommendations,of. the
development plan based upon Oe environmental analysis within 60 days
of camp letion of said analysi s��y City and County staff.,
Resolution No. 76-009
proposed Redevelopment of
Newport, Dunes
VA
91
10
5. The Newport Dunes Redevelopment Committee established pursuant
to Minute Order of March 6, 1976, is hereby terminated.
6. The Environmental Impact Report and the planning shall be done
concurrently, so that the plan can take.into account the findings of the
Environmental Impact Report.
7i, The Planning Consultants and their work program are to be mu-
tually agreeable to the County, the City and the Lessee.
The Planning Consultant shall include at least three public
hea rings during the planning program to allow forcitizen input during
the planning process.,
9. The final plan must be approved by the.State Lands Commission.
17
,19 AYES: SUPERVISORS THOMAS F. RILEY, RALPH B. CLARK, ROBERT W. RATTIN,
LAURENCE J. SCHMIT, AND RALPH A. DIEDRICH
19
NOES: SUPERVISORS NONE
ABSENT: SUPERVISORS NONE
21
STATE OF CALIFORNIA
22 ss.
COUNTY OF ORANGE
23
I. WILLIAM E. STJOHN, County Clerk and ex -officio Clerk of the
24 Board of Supervisors of Orange County, California, alsoa tinp_ as
S-- T 1,
the Governing Boar.d.of the Orange County Harbors, Beache an arks
25: District hereby certify that the above and foregoing,Resolution was duly
and regularly adopted by the said Board at a regular meeting thereof held
26 on the 23rd day of June 19_UL, and passed by a unanimous
vote of sa13 Board.
27
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
28, 23rd day of June 19-ZfL.
29 WIL�-IAM -iE.S S'T� JOHN
County Clerk,4nd�ex-ijffioio Clerk of the
30 Board of Supi2frvisors of ()range County,
-s
Californiji'�' also -acting -A —C- the
31 Governing�,I.�oard of the Orange ounty
Harbors,�.Beaches and Parks:District
32
BV CQ t 1� J1,J
Deputy
F0192-197 ...........
14
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15
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17
,19 AYES: SUPERVISORS THOMAS F. RILEY, RALPH B. CLARK, ROBERT W. RATTIN,
LAURENCE J. SCHMIT, AND RALPH A. DIEDRICH
19
NOES: SUPERVISORS NONE
ABSENT: SUPERVISORS NONE
21
STATE OF CALIFORNIA
22 ss.
COUNTY OF ORANGE
23
I. WILLIAM E. STJOHN, County Clerk and ex -officio Clerk of the
24 Board of Supervisors of Orange County, California, alsoa tinp_ as
S-- T 1,
the Governing Boar.d.of the Orange County Harbors, Beache an arks
25: District hereby certify that the above and foregoing,Resolution was duly
and regularly adopted by the said Board at a regular meeting thereof held
26 on the 23rd day of June 19_UL, and passed by a unanimous
vote of sa13 Board.
27
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
28, 23rd day of June 19-ZfL.
29 WIL�-IAM -iE.S S'T� JOHN
County Clerk,4nd�ex-ijffioio Clerk of the
30 Board of Supi2frvisors of ()range County,
-s
Californiji'�' also -acting -A —C- the
31 Governing�,I.�oard of the Orange ounty
Harbors,�.Beaches and Parks:District
32
BV CQ t 1� J1,J
Deputy
F0192-197 ...........
"-lr'Y C)� F=
0
ENVIRONMENTAL MANAGEMENT AGENCY
TELEPHONE: $34-2300
AREA CODE 714
DEVELOPMENT DIVISION. CID
H. G. OSS I OR NE 400 CIVIC CENTER DRIVE Es MAILING -ADDRESS
DIRECTOR SANTA ANA. CA. P.O. gOX 1078
SANTA ANA, CA. 927OZ
ASSISTANT DIRECTOR
DEVELOPMENT
FILE
SO
June 16, 1976
F HE DUNES REDEVELOPMENT COMMITTEE
MEMO TO. MEMBERS 0 T
FROM:_ LARRY, - M. LEAMAN, CHAIRMAN
SUBJECT: BOARD OF SUPERVISORS HEARING ON COMMITTEE REPORT
Enclosed is a copy of the package submitted to the Clerk of the board.
The hearing is set for Wednesday, June 23j 1976 at 9:45 A.M. The location
of the hearing is as follows:,
Hearing room, 5th Floor
Administration Building
515 North Sycamore
Santa Ana, California
We will be forwarding minutes of the last three meetings as we can get them
ared,aud hope you ran,.bear with this.delay., Wehad to ch6ose:between
,prep,
doing minutes or doing the report; naturally, the report took,precedence..
Thank you all for your participation in this. committee. While diverse
views frequently.Were.voiced,.I am sure you share my belief that the
committee was a good thing and that much constructive work was indeed
accomplished.
Larry M. Leaman, Chairman:
LHL:vc
Encl.,
G_ OSBORNE
DiRECTOR
Li M—t—yr C>F=�
FIR, Ak M4 F=
'ENVIRONMENTAL MANAG EMENT AGENCY
811 NORTH BROADWAY
SANTA ANA, CALIFOR
119y
JUN 2 3 19 C,
G V\Ic� C�A��
-A CP
TELEPHONE:,334-267i
AREA CODE 14
MAILMG ADORES.,
P.O. BOX 4046
ITA ANA. C.ALIFORNIA,92702
V,
'The Honorable Board of Supervisors
County of Orange
Santa Ana, California
SUBJECT: Neu -port Dunes-� Citizens Committee Redevelopment Report (District 5)
. ...nYNOPSIS-: Submitted is a report in which the committee has identified -uses
which it recommends for inclusion' in any redevelopment project of
the Dunes..leasehold as supportive of the original lease intent of
providing a public beach park operated and -maintained entirely. by
... . ... private -enterprise. Recommendationsare submitted for. proceeding
with a redevelopment project.
Gentlemen:
By Minute Order of March 16, 1976, your board instructed the Director of the
Environmental Management Agency to establish a citizens' committee to analyze
and report on the -redevelopment of the Newport Dunes.leasehold, located in the
f Op
..ower portion o per Newport Bay in the city of.Newport Beach.
Your.,board, ordered.that the committee.include representatives of the EMA, County
Counsel, the General Services.Agency, City of Newport Beach, Newport Dunes, Inc.,
Friends of Upper Bay and the South. Coast Regional Coastal Zorie.Conservation
Commission, Each group w as contacted and asked to participate in the.committee,
with allexpre�sing a,willingness to do so. The South Coast Regional Coastal Zone
Con"rVation Commission'eypresseda desire to attend the meetings in An advisory
capacity and not have 'a vote. County:Counsel expressed a -similar opinion, and thus
mmittee was formed
participated on call as an advisor. As a result a voting co
consisting.of the following people:
Mr Larry M. Leaman, Manager of EMA Recreation Programs-, Chairman
Mr. Richard Hogan, City of Newport Beach, Community Development Director
Mr� Robert Caplan, Attorney at Law, representing Newport Dunes,,Inc.
Mr. Jean Diaz, Real,,PToperty Agent, GSA -Real Property Services
Mr. Allan -Beek, Friends of Newport Bay
In an' advisory capacity
L were:
Ms. -Tiffany Bousseloub., State Lands Commission
Mr. Robert Jdseph,.,Coastal Zone Conservation Commission
The Honorable Board of Supurvi-sors
P,
Zia 2
In addition to this membership, a citizen representative, Mrs. Jean Watt; ac�
ontributed to the discussions.
companled Mr. Hogan to most of the meetings and c
At certain mLetings other local citizens of.the.Newporrt Beach.communityalso
attended and were afforded opportunities to speak as desired.
The attached report identifies those uses on the Dunes property which were dis,—
i-d
cussed.by the committee and provi es a subjective recommendation for each.
COMPLIANCE WITH E.I.R. PROCEDURES:
The committee feels that an EIR is necessary to address the issues of the re
development project.. This Elk will be undertaken with the concurrence of your
'Honorable Board. The.city and county will, work cooperatively toward the re—
view,and redevelopm entof the EIR which will be based on the Citizens' Commit—
tee report and adevelopment plan to be prepared by the.les.see.
Committee Recommendations:, 1. Authorize GSA to begin negotiation of a new
or amended lease with Newport Dunes Inc. in"
�co,rporating the uses as recommended by the -
committee and,return to the Board,for con id
eration in conjunction with a development,plan.
2. Request lessee to submit preliminary plans
adequate for environmental analysis., starting
w th a total site planning�effo.rt, to the
Director, EMk.
3. Authorize joint city—county environmental
analysis.
4. Request the Newport Beach City Council to notify
the Board of Supervisors of its findings, conclu
recommendations�of�the development pla
n
�sions and
based upon the environmental analysis within 60
days.of completion of.said analysis by city and
county staff....
Terminate committee.
Respectfully Submitted;
garM. Le
Y
w rt Dune ttee
DF:dh259bl
-including Appendices A through E
Attachments.* Report,
NEWPORT DUNES REDEVELOPMENT
COK41TTEE REPORT
The attached report was developed from the Newport Dunes Redevelop -
der of
ment.Committee meetings which were ordered by Board MinuteOr
Makch.16, 1976.
Each voting member of the Newport Dunes Redevelopment Committee
acknowledges by signature below that the attached report reflects the
views of all committeemembers.
-16-76
City of Newport Beach
6�10-76
NewportPunes, Inc.,
-Friends of Upper Bay,. 6-10-76
General Services Agency,
r -in -7r
Environmental Management AgenC
June 1976
This letter confirms that I havedeclined to. sign the
majority report of the Dunes committee. I find it.wahting in -
useful recomn.endations, and it does not explain the rationale
%,ihich guided either the staff members or the citizens members of
the committee. The voting record.of the coim-nittee, sho,.l.,s that, the
report reflects tl� e v. i e,.��, s ofthe staff.members as opposed t 0 the
ci , tizens menbers;. it is, essentially a staff report. Conse4uently.,
Dick Hogan and I are submitting a minority report.
want to thank you for your cooperation in having the
sand samples analyzedi and.the many other courtesies you have�
sho-vin. during the,weeks vie� have worked together. :1 am�surle there
were times -.rhen it was trying to you. I particularly want.to
express my arpreciation for the detailed and.carefV-1 minutes�you-r
office prepared. �I hope �I will have the pleasure of viorking� with.
ams.
you again on beach recreational progra
Very truly yours,
Representing the Friends of He*, --;port Bay
TABLE OF CONTENTS
.DF:dh 259b2
Page
I �Text,
ofReport
Appendix
A.''
Proposed
Uses and Recommendations ... ...............................
B4
Tabular
Presentation of Committee Use Recommendations ..............
9
C.
Comments
of State Lands Commission .............. o ..................
12
D.
Minority
Report of.Allan Beek, Friends of Newport Bay, and
Richard
Hagan, City of Newport Beach ..................... ......
. 15
E.
Written
Input of Local Citizens ................. ......
16
.DF:dh 259b2
The Newport Dunes Redevelopment Committee- was"established to analyze and report
on.the redevelopment of property and improvements.of the Newport Dunes lezisehold
in Newport Harbor. The committee has identified uses which it recommends for in—
clusion in Any redevelopment project of the Dunes leasehold as supportive.of the
original lease intent of providing a public beach park operated and maintained -
entirely by private enterprise.
The State Lands Commission representative provided written input,with regard,
to edu ur e
,proc ral matters in p suing a red velopmient project. A copy of this
material appears in the Appendix. The committee has met 7.times during,the..
months ofApril, May and early June. The first meeting,occurred on site at
the,.Newport Dunes as an orientation to existing facilities. The next two
meetings dealt with familiari,zation.�of the Dunes lease structure andhistory,
operational and attendancetrends, And a general.discussion,of. existing,us,es,
on thelleased premises�and identification of same as to importance.in further—
ing the recreational intent of the property as a,public beach park. Subsequent,�
meetings then involved identification of recreational facilities andisevices-
which,, in the opinion of the committee, are zupportive of the, public beach
park intent-.
After considerable discussion as to the merits of expecting zi�public beach park
to be economically self-supporting and thus feasible as a -lease operation, the
committee determined that'i t was desirable to attempt to maintain�the Dunes.as
a commercial lea . se opertion which presently has no direct t axpayer burden,
rather than have portions or all of the.park being operated directly by.the
County of Orange at taxpayer expense. There was some support on the comrai-ttee,
although not a majority position,that perhaps the county should attempt to
— 1 —
redeem direct operational control of the swimming beach area as it,is not a
revenue producer, leasing only areas which can return a revenue equal to or in
excess.of.operating and investment expense. However, the committee maintains
the post ure that the best approach would be to attempt to make the entire
Dunes area.economicall.y feasible as a concession operation rather than burden.
the taxpayer with a new recreationa.l.expense.
Theco I mmittee recognizes that a lease amendment is necessary and desirable
with regard to required and permitted uses, the actual areaof landand water
to be leased and the.rental fate structure. The recommendations.of the committee
.-have been reviewed by.County Counsel. Counsel indicates thatj�while not beyond
djoubt� the, recommendations arepermissible on the county tideland a and Harbors,
-Bdac fies. . and I Parks District fee property comprising the leaseholdifyour Board
and the State Lands Commission make a specific finding that.those uses are inci-
dental,, necessary and.convenient for the promotion and accommodation of the
allowable uses of the tidelands which are:
"Forthe establishment, improvement and conduct of apublic-harbor, and
a
for the construction, maintenance and operation thereon of .... structure
i and appliances necessary or convenient for the promotio.it oraccommodation,
of commerce and navigation."
For the establishment, improvement and conduct of public bathing beaches,
public marinas, public, aquatic playgrounds,and similar. recreational
facilities open to the public and for the construction, reconstruction,
repair, maintenance and operation of all works, buildings, facilities,
utilities, structures and appliances incidental ..... thereto." (Emphasis added)
This -report also contains, in the appendix section,comments which individual
member I s of the committee wished to bring to your Board's attention. La stly,
co of w itten public input are also presented.
pies r
The committee feels that a n EIR is necessary to address the issues of the
redevelopment project. The city and county.will work cooperatively toward
the�review and redevelopment of the EIR whi ch will be based on this report
development plan to be prepared by the lessee..
The committee recommendations are:
1. Authorize GSA to begin negotiation of a new�or ammended-lease,
Inc., incorporating the uses as recommended
with Newport Dunes,
by the committee and return to the Board of Supervisors for
consideration in conjunction with the development plan.
Request I essee to,,su,bmit preliminary plans a,dequ ate for
environmental analysis, starting with a total site -planning.
effort, to the.Director, EMA.
3- Authorize,joint city -county environmental analysis as described
above..
4. Reques.t.the Newport Beach City Council to notify the Board of,
Supervisors of its.findings, conclusions and recommendations
on the.plan based upon the environmental analysis,within 60
days of completion of said analysis by city.andcounty staff.
Terminate. committee.
DF:dh259b2
- 3 -
APPENDIX A
Members of the committee identified the following as uses of.the Dunes,
property. Those identified by.an asterisk would be new uses and thus require
a new or amended lease.,
1. Public Beach 7 The public beach is the main activity,of the Newport
Dunes as a public beach park. The pnasentlease appears to require
a per person entry fee to the premises. The committee members agreed
that an entry.fee was not desirable and therefore the lease should
be amended.
Recommendations: (1) Maintain publicbeach.
(2) Eliminate per person entry fee -requirement of
lease.
2. Boat.Repair.Yard,— The boat repair yard and facilities are of vital
concern to the Newport Harbor boatman and to -the County as a basic..'
support service for recreational boating.f,To ensure continued boat
Xepair facilities in the harbor, the.committee is of the belief -that.,
theboat repair facility should be retained and if at all possible,
It
expanded and redeveloped through increased capital investment.
is noted thatthe lessee, while agreeing with this philosophy,, has
doubts about the ability to attract a quality boat yard operator.
The committee as a whole is not as convinced about this difficulity,
but feels if there is an,economic feasibility problem it should be
reflected in, the.r.ental rates of any new or revised lease..
Recommendations: (1).Keep boat repair facilities, although not
ssarily in the present 1
nece ocation..
(2) Encourage development and expansion of repair
facility somewhere on the leased premises.
3� Public Launch Ramp —.The.committee agreed that the current public
launch ramp and wash facilities use should be continued. Location may
change but current launching and parking capacity should be retained.
It was noted that.the Dunes launch ramp is the only quality launch
ramp in all of Newport Harbor and beacuse it is on public property
is the only onethat can be guaranteed to exist by a policy decision
of local government.
Recommendations:, (1) Retain launch ramp at its current capacity.
(2) Retain current capacity of car and trailer,
parking,
(3) Retain boat wash facilities.
44 Dry Boat Storage The consensus of the committee.found it,des,irable
to maintain acreage for dry boat storage on the Dunes property.
Recommendation: Maintain dry boat storage.
5. Swimming and Boating Lagoon Concession.Recreational Activities,7- Some
activities are necessary in.the swimming lagoon in,.Qrder to foster or
eficourage its.use. Rental of low power and non—powered boat and water—
play equipment, such as electric powered motor boats, sabots, pedal
boats, canoes, paddle boards, swim mats, etc. shouldbe provided.
In addition, a major water oriented activity features such as,slides,
diving boards, perhaps even a super—slide type unit launching,the
user, should beinvestigated. Installation.of improvements in the
lagoon will requirethat the lagoon area be added to the leasearea.
Recommendation: (1) Amend lagoon into lease area.to.allow use for
above described concession recreational activities
Recreation Vehicle Park The current recreation vehicle campground
is an asset to the public recreation intent.of the facility and this
use should be accommodated and expanded to help meet the deficiency
of recreational vehicle campsites along the coastline of Southern
California, particularly in Orange County.
Recommendation. (1) Continue recreation vehicle.park as a required
use and expand existing facility. Hookups,
restrooms with hot showers and laundry facil
ities should also be provided.
7. Group Campground A group camping area,.particularly for tent camping,
should be established. There are many youth groups in Orange County
-in need of camp sites for weekend camp outs, an4no,such coastal
facilities exist. A well planned group camping area could also
serve non -recreational vehicle family.camping.demand.
Recommendation: (1) Establish a group camping Area for tent,cam
ping,
Restrooms with hot showers and water faucets.
8. Group Picnic Facilities Members of the committee were aware of the
shortage of.group picnic facilities wherein company picnics could be
held, with the shortage being more severe along the,coastline.
Envisioned are picnic ramadas, cooking areas outdoor -kitchen and
support restrooms.
Recommendation:,- (1) Create a. group picnic area.
9. Family Motel,- A majority of the committee felt that a family oriented
motel was supportive of the public beach use and could be developed
to,allow and encourage citizens from throughoutGalifornia to utilize
3
the beach which is comprised of public tidelands to be managed for the,
citizens of the State. It should be stated here, however, that the
City of Newport Beach representative, reflecting theattitude of the
City Council expressed opposition to this use. The committeegrappled
the issue of the size or number of units which would be acceptable,
but finally derided,that such a judgement would have to await a specific
proposal'and environmental analysis.
Recommendation: (1) Permit a family�oriented motel.
10. Family Restaurant A majority of the committee agreed that a family,.
restaurant/or coffee shop supportive of the beach and motel use (if
permitted) would be.desirable. The recreation vehicle and campground
patrons couldalso benefit from this type of resta:urant.
Recommendation.:— W Allow a family restaurant or coffee shop in
addition to existing Duffy's.Restauratit.
11. :,Quick Food All members of.the committee agreed that a quick food
:or snack stand supportive of the beach and camping areas was desirable.
Recommendation; �(1) Continue this use and redevelop or -re lace -
existing stands.
12. Shops Supportive of Dunes Uses The members agreed that shops provid—
i-ng services which are ancillary and compatible with.the use of the
aquatic park and recreationactivities could be permitted on the property.
The shops should be of a nature which sells merchandise for recreational
uses of the beach, camping and boating use and not designed, in themselves
to attract visit ors to the Dunes. The County lease administrator should
be empowered to make the final determination as to whether any proposed
4
shop use.is.acceptable.
Recommendation: (1) Allow shops which sell.merchandise and services,for
the recreational uses of the beach, camping, and
boating uses.
Additional Boat Slips A majority of the committee members -agreed that
additional boat slips located in the vicinity of�the mouth of the
lagoon could be provided. The manner in which the slips are laidout
should not.interfere or detract from the other recreational uses in the
lagoon. In addition, some existing boat slips lie.partially outside the
lease boundaries and should be,amended into the lease area.
Recommendation: (1) Allow additional boat slips.,to.be.constructed.
:14. Multi—Purpose Meeting Room Thecommittee agreed that a meeting room
should be provided for patronsof the recreation.vehicle park,.campground,
or
and,motel facilities,. Somecommittee members felt.that civic groups,
nizations could also benefit from the use of meeting rooms.
service orga
:However,.the- City representative said that caution must be,taken to.make
certain the room or rooms serve to support the basic recreationaluses
pf,the property an.d.not,to function.as a convention/conference center.
Recommendation: (L) Allow the construction of a.meeting room or rooms..
to serve Patrons of the Dunes as well as civic.,
or service organizations.
outdoor hardcourt games such as basketball, paddle te
nnis, tennis,
raquet ball, etc.' could be construed as being compatible with
the recreational intent of the property.
Recommendation: (1) Allow outdoor hardcourt games.
17.1 Indoor Games and/or Amusements A majority of the committee members felt
that indoor games and/or amusements would be desirable. Campers picnickers,
as well as beach users could utilize these facilities which could consist
of pinball machines, ping pong tables, pool taKesi etc. County Counsel,
however,:expregs.6d.doubts that such a use is perm:Lssable..under.the
tidelands,grant..,
Recommendation: M.Allow the use of indoor games and/or amusements
18i Public, Competition Size, Swimming.Pool The committee agreed that a com�
petition.size swimming.pool would enhance the recreational,opportunities 11
available at the Dunes. It is stressed that the pool should be made avail—
able to the -general public.as opposed to the pool.being available to
motel customers only.
Recommendation:,, Allow a competition size swimming,pool for:use by
the general public.
19., Portable Skating Facilities A majority of the committee members believed
that portable skating facilities might be compatible with recreational.uses
at the Dunes. Ice skating or roller skating.could be featured during dif—
ferent seasons� of the year. County Counsel, however, expresses doubts
that such uses are permissible under the tidelands grant.,
.,Recommendation:,, (1) Allow portable skating facilities.
6
Skateboard Facility - A majority of the committee members agreed that a
skateb . oard facility would help attract children.and teenagers to, the Dun I es
and provide an alternative to their use of cement flood control channels,
public walkways, and even public streets. Skateboarding is a close rela
tive to surf.boarding and requires the same balancing.skills.
Recommendation: (1) Allow a skateboard facility.
Bike Trail Connection The committee was unanimous, in.its agreement of
.encouraging bike trails through the Dunes and providing for.their ton
...nection at l.ease boundaries to the County Arterial, Bikeway System.,
Recommendation:,. (1) Allow bike.trails through Dunes property and.
ide for their connection at lease boundaries.
prov
The Committee hasidentified some uses as being not needed.ork the Dunes Property,
The Committee believes that -the Dunes can b.e,.operated as a bathing beach and
aqu I atic,playground at A profit to a lessee. Therefore, the.Committee recommends
that -none 6f the uses the Committee lists as not needed be permitted for any -
reason, includingthe premise that such permission is necessaryin order to make
the lessee sufficiently.profitable to hold the interest of a�leasee. Uses not
needed:
I. Convention Hotel A majority of committee members agreed that this type
of use would not be supportive of public beach use.
Additional Quality Dinner House A majority of.committee, members were
in agreement that plenty of quality dinner houses alr,eady.exist in
the Newport area and therefore, other than the existing Duffy's restau-
rant, none should be provided on the.Dunes Property�
7
3. Miniature Golf A concensus of committee members felt thaC this use
DF:dh259b3
was not compatible with beach use and might
be better located inland.
4.
Outdoor Amusements The committee was at a
standstill on this issue.
Some members said that something like the Balboa
Fun Zone was needed
in this area. Other members felt that this
was not an appropriate
.,use. The committee agreed that such use could
only be addressedin a
site planning effort.
5.
Apartments The majority of the committee
was against.this use which
was pfoposed,as a.hotel with extended stays
duringithe:.winter. .Serious
questions exist as to whether the Tideland
Grant would permit such a use.
6.
'Recreation/Vehicle Storage The committee
was mixed on, this issue also�'.
It was generally felt.that it would.be a use,more
suited to an�inland
area rather than a public beach recreation
area.
DF:dh259b3
Appendix B
USES
STRONGLY
STRONGLY
FAVOR
FAVOR
NEUTRAL
OPPOSED
OPPOSED
Pifolic Beach
All.
'Boat Repair
Ali
�Yard
(a)
Caplan
Public Launch Ramp
All
Dry Boat Storage
Hogairt
Beek
Leaman
Diaz
Swimming & Boating
�All
Lagoon &.Support Activ-
i ties
Beek
Rec� Vehicle Park
Hogan
Diaz,
C)
Caplan
Leman
Group Campgrounds
Hogan
Beek
Diaz
Caplan
Leaman
Group Picnic
Hogan
Beek
Facilities
Df�z
Caplan
Leaman
Beek
Hogan
Family Motel
Caplan
Diaz
Leaman
Convention Motel
Caplan
Hogan
Leaman
Diaz
Beek
Additional�Quality
Caplan
Hogan
Beek
Dinner House
Diaz
Leaman
family Rest . aurant
Caplan
Leaman
Beek
Diaz
Hogan (d)
Quick,Food
Beek
Hogan
Caplan
Diaz
Leaman
USES STRG�,�LY STRONGLY
FAVOR FAVOR NEUTRAL OPPOSED OPPOSED-
ve-of
Hogan
Diaz
Leaman
,-Sbops-Supporti
Dunes Uses
Caplan
Beek
Beek
Outdoor Hard, Court
Caplan
�:Games
Leaman
Beek
0 t, Slips
Additional B a
�Caplan
Leaman(e)
Diaz
Leaman
.Outdoor Amu I se�
Hogan
Aeek
Leaman
Hogan
Power Boats
Caplan
Diaz
Hogan
Beek
in Lagoon
Ca Ian
'Leaman
Multi-purpose
Caplan
Hogan
Room
Beek
e ng
Diaz
Diaz
Hogan
Leaman
Sand.Volley Ball
All
Hogan(f)
Beek
Outdoor Hard, Court
Caplan
�:Games
Diaz
Amusements.
Leaman
Minia ture Golf"
e�ition
Caplan
Diaz
Hogan
Leaman
Beek
indoor Gamei.
Caplan
Diaz
.,Hogan
Amusements.
Beek
Leaman
.Outdoor Amu I se�
Aeek
Leaman
Hogan
Caplan,
Diaz
Ca Ian
Hogan(G)
c omp
Size Swimming 'pool Diaz
Beek
Leaman
10
USES
STRONGLY
FAVO R FAVOR NEUTRAL STRONGLY
OPPOSED OPPOSM)
.Skate:Board.1
Facillities Caplan Hogan Diaz
Leaman
Beek
,Bike Trail
Hogan
Connection Caplan
Beek
Leaman
Diaz.
40TE ------------
Ifleconomically feasible.
I Unless. a higher and better use is available.
C), Desires ekt . ended stays du
ring Winter months.
,Should sery
e the beach also.
e). Right, Quantity that does not inte:rf ere
with Lagoon swimming or other support acfiviti
es.
f), Should beaway from beachs
Available to general public act large.
Appendix C
STATE Of CALIFORNIA�STATE LANDS COMMISSION EDMUNDo- BROWN JR., Governor
STATE LANDS DIVISION
1807 13TH STREET
SACRAMENTO, CALIFORNIA 95314
-SUBJECT: Actions Requiring State Lands Commission Approval
'The Orange County-N.ewport Dunes lease is situated on�tidelands granted in
trust. to the County.by.Chapter 526, Statutes of 1919. The use and
administration of these tidelands must.be consistent with the common law
trust,.with the terms and conditions of the statute, whose most recent
amendment occurred under Chapter 315, Statutes of 1975, and with the Public
Resources Code.
A. MMISSION APPRGVAL OF,CAPITAL IMPROVEKENTS
,According to subdivision (n), Section I.of the 1975 statute, whenever
there is an "accumulation and expenditure of revenues for any single
Improvement on the granted lands involving an amount in excess
of two hundred fifty thousand dollars ($250,000) in the aggregage,
the county:shall file with the State Lands.Commission a detailed des
cription of such.capital improvement..." and the Commission may make
certain determinations.
The facilities now existing within the leased area were established
prior to 1975.and.were not affected by this requirement. If new.
facilities are to be.built, however, and if it is intended that they
:be self-support ng, the VO
.1 n tidelands revenues will clearlybe in Ived.
...Should such expenditure be expected to exceed $250,000,.Cbmmission
approval.will b , e necessary.
In order to give its. approval, the.Commission must make the following
findings:
That tbqbte..is,a statewide interest and benefivto�be generated'from
the proposed capital improvements and related.uses.
2-W That the,proposed improvements and related uses are among those
authorized by.subdivision (a), Section 1,.of the�1975 statute.
3. That there.a�e.sufficient guarantees that the.proposed uses
r
and related Uses are compatible with and do not.unreasonably
interfere with the use of portions of the gra. nted lands which.
have been set aside as an ecological reserve.
12
Newport Dunes
Redevelopment Committee -2- June 9, 1976
4., That if a portion of the leased area isto be used for non-
trust purposes, such purposes are incidental to and do not.
interfere with the primary purposes and uses, whichare trust
purposes.
51.1 That in all other respects the.proposed improvements and.related
uses are consistent with the common law trust and other provisions
of.law.
B., COMMISSION APPROVAL OF LEASE AMENDMENTS
Subdivision (w), Section lof the statute states that the provisions
of Public Resources Code Sections 6701 to 6706, inclusive, shall be
0
applicable..
'These sections protect third party rights and inter 'ts by providing
es
that no amendment, modification, or revocation of tidelands grants
shall impair or affect their rights. or obligations. To benefit from
this protection, however, a.lessee must submit his lease to the State
Lands Commission, for. approval..
In the.case of Newport Dunes, the lease was entered into after Sections
6701 to 6706 went into effect; so long as there is no amendment,
modification or. alteration or the term of the lease�%. for more than
six.months,,or so long as.there is no new authorization of�improvements
upon lands unoccupied by permanent structures as of January 1, 1970,
�..Commission approval is not necessary.
If however3 new.authorization is given to the lessee by the County,
itwould be to the lessee's advantage.to seek,Commission approval..
lhe.basis for gran tin . g such approval is specified in the Public Resources.
Code:
I..- That such,jease—is in accordance with the terms of the -grant or
grants under- which title tothe tide or submerged lands in question
is held.
2. That the proceeds of such lease, contract, or other instrument shall
�be deposited in an appropriate fund expendable.only for:statewide
purposes authorized by a legislativegrant.
That suc4,lease ... is in the best interests of the.State.
13
- 14 -
DUM CITIZENS ADVISORY COMMITTEE
MI.NORITY REPORT
I P.rivate vs. public op�eration
2 FINDINGS,�OFTACT
County Counsel has informed the Board of the various I ega 1'
criteria which any use of the park.must satisfy in order to
be permissible.,,under the tidelands trust and,under Section -
255,36 of- the. Government. Code. During the Committee's. inv.es--
tigations, it was pointed out t,hat certain uses requ,ested by'
the -.lessee probably will hot satisfy these criteria., Although.
the Committee elected not to make any findings of fact in.this
regard, ivisreco.mmended�that the Board.make.such findings in,
relati:onship to.any or all of the proposed uses.
3 PHASED%INTRODUCTION OF NEW USES
The heavy overcrowding of other bay beaches in the Newport.Beach
.�area shows that.there is a large unsatisfied demand -for such
beaches. But, the, Dunes is not heavily used. It is.evident
that for some reason this beach does. not satisfy the beachgoing
publ i c.. In order to make it yield, the satisfaction of which- it
is potentially capable, the Committee has1considered a number
ofnew uses or features intended to enhance the beach.
The number of these features to be allowed should be:held to.�Q
minimum, because all but a few of them have the undesirable
side effect of attracting visitors to the Dunes.who wou1d not
use the beach. �These extraneous visitors would.crowd out:
legitimate beach user.s, both with -in the.Dunes itself and on the
congested street*s and highways leading t o the Dunes. And the.
features Would compete with legitimate, beach uses for the
imi ted area within the park.
Therefore, the 'introduction �of these features should be care-
fully timed i n at least two phases... In the first phase, only
those features -should be permitted which are directly.
supportive
of beach use, or Which serve to create a y'
outh and family -center
,at the Dunes. .(The area is in need of a,
youth, center. The
center would -contribute to Public acceptance of the Dunes by
.making it.the i n
place for young people to
go,. 1f.the first
phase does,nOt succeed in making the Dunes satisfactory
to the
beac,hgoi.ng public, then the
granting of J.-ess-desirabl.e uses
�May be:considered. -Jhe.4eatures a
ppro priate f o r the:first phase
could include:
Free admission (including bikeway through the�
property):..
Improvemen.t
in sand and water,quality (see
Appendix to the majority report)
Aquatic playground equipment
Water sports equipment rental
boats) �(UP to battery7powered
Sand volleyball.cQurts
Increased camping area
M
Youth centerbuilding
Enlarged marina facilities outside the lagoon
swi-m.ming area
Organized activities (sand castle or frisbee-.
throwing contests)
The,fLatures which should be held back to the second phase
coulA include:
Skateboard. run
Hardcourt games (tennis, basketball, etc..)
Olympic swimming pool
'Miniature golf
Portable skating rink
Amusements (skee-ball, etc.)
Restaurants
-is ton- of on-site housing for v'
Prov isitors should be considered
only in the third phase, if at all. Hotels and mote.1s. exist
in the area and.can be profitably developed andoperated on
private property without being located in the beach park itself.
The dangers inherent in permitting a "family motel" are great.
is very easily converted into a convention motel. If any
such :use is to, be permitted, it should be severely limited in size.
4 OTHER PRESENT: MSES
The bathing beach, and the lagoon it fronts: on cons-titute the
majority of the area'of the Dunes. T -here are also,a marin,a And
a boat launching, facility which front on Upper Nemport-Bay.
The mino-rity concurs with the majority with respect to thes-e
uses. The marina and the restaurant which serves it should be
al I ow,ed to continue. The boat. launching ramp andrepair facility.
,provide a valuable service to trailerable-boat owners throughout
the region and sholul d be continued.:
BOATING EDUCATION,
Small boat training activities organized by colleges, cities,
counties, scout,groupsi and others, often compete with each.
other -for waterfront sites for their faci I i ti es. The.groups
i n the Newport area, have pioneered in their cooperative.use of.
the facilities -that have bleen found. This cooperat-ive,effor,t
hasso impressed, the California Department of Navigation- an&:
Ocean, Development that �i t, has.offered to help finance a joint:�
facility if a site can be located. The Dunes would be a part.icu�
larly appropriate site, and the boating center would supplement
the for
youth cehter�recommended. the Dunes.
6 RECOMMENDATIONS
a) Adopt the, rationale of Parts I and 3 of, fij s report: as.. ,
quiding.policy. for the Dunes.
u
b) Having an ap
praisalmade should,determine. the feasibility
of buying out the,,Aease..
'Make the.. findings. of fact discussed in Part,,.2- of this report.
d) D.Irect staff to work with the lessee and the cooperativ.6
boating groups to try to find a site for a boating facility in
the Dunes.
6
ej- Di rect s ta ff to guide the l6ssee i n preparing a plan
�or.redevelopment, . in accordance with the policyadopted by
-J un e 7s
11976
TO: Membors.of the Newport Dunes Redevelopment
Committee
Jean '.1 a t t
Cc:�CE-HNTNG. Publie-input
1�nclOSeG are copies of replies from
peoDle. in the county who
are
familiar. with the Dunes area eithe
because they are.users
of the
facilities or observers of the impact
of the Dunes area on
Newport
Be ac h In generali
Some of the uses are not as well defined
as they might be
but here is
a tally of general responses.
USE
Good
Bad
=�.CESSI O"TS
rental boats
XuX
XXX
bikes
Xxxxxxx
XX
food and beverage
XXXX
)(XY
amusement rides,
XXXXXXXX
swimming pool
XXX
XXXXX
camp/ I/ pic nic. sup-Dlystore
XX
XXXXX
T -D
BOAT ORIEN r,
boat repair-
xxxx�
dry storage
XXXXX 7
-XX
launcl ramp
XXXXXXX
X,
sales
XXX
XXXXI
maritime museum
XXXXXXX
XXX
expanded marina
I
XXXXXXX
water taxi oi�-bus.
X
XXXXXIA,
0 H_
T.
restaurants
XX.
XXXXX
botel
X
Xxxxxxxx
hotel-:
XXXXXXXX
motel
X
XXXXXXXX7
game, courts
XXXXXXX
XXXX
shops
XXX
XXXXX
group bicnic area (liquor)
XXXX
XXX
group picnic area.� (no liquor)
XXXXXXX
XXX
RV SDaces
XXXXXX
nXX
youth group- camoinr,
XXXXXXXXXXX
31
indoo�r/'outdoorrecreatiori center
XXXXXXX
XXX
These and other Dublic res�oonses lead
me to believe that, the. following
COMMOM-Us are generally valid:
1. is no..i)ublic need or desire
for commercialization.
of 'the
-There
area in ter ps of hotel, motel
use -and, to a lesser aegree,,res_
taurants.
2 There is some Indication that
U
such commercialization
will.be.de-
to the uses which are
generally.agreed to
be. compatible
with the needs and desires of
the public such as youth
group cam-
pin- and inexpensive public use
of.other possible facilities.
_3. Certain uses which have been discussed
such as amusement
rides,
expanded marina, water taxis,
and sales, seem to be
considered
.1ess than desirable on the basis,
a�ain, of too much
commerciali-
zation to the detriment of the
natural quality of the
area.and
more natural uses.
4. Certain uses suchas rental boats,
food and beverages,
boat re-
pair, swimming pool, a -id ca -,:p sunDly s tore, seem. to be..border-
line--not really necessary but not really,detrip.ental.
5.
Certain uses such as bi'mes, dry stora.ge, launch ra I mp,, I r I e I creation
center, garne courts, picnic areas, ard especially youth groul,
camping seem.to be generally needed and wanted
There seems to be evidence that "no liquor" in the DiGniC area
is desirable but certainly there Is no concensus.
7.
There seems to be evidence that,since co=ercialization of the
area is undesirable as far as the public is concerned, county
operation�of the Dunes park would be desirable.
8.
There should be maximization of the natural cualities of the
area and of uses w1alch would brin- Deople by -boat, bike�, foct,
bus or car pool. If the lagoon w�
as open to small boata which
could land on the beach, picnic etc.9 it would iacrease public
use without more car traffic.
Lawrence T. Houston
s ite to, Union Bank Squarr, Orange, California 92668 Telepbone! 541-3 3 74 Area Code v4
June 3. 1976
Larry M. Leaman, Chairman
Newport Dunes Redevelopment,Com.
Environmental Management Agency
Development Division
400 Civic Center Drive West
Santa Ana, CA 92702.
Dear Mr. Leaman:
As'l.pass the Newport Dunes area at least twice a
.,day,on the way to and.from my home on Balboa Island, I am
veryinterested in the Newport Dunes Redevelopment. I
see no reason why this�particular area must be azprofit
making venture.'as muclh.of the county recreational areas
do not make a profit.. The corner of Jamboree and Pacific
Coast Highway is a terribly congested corner and will
continue to get worse. Consequently, I am vigorously
opposed to much other than passive development of this
area.
Some suggested uses that cote to mind would be picnic
facilities, recreational vehicle and trailer spaces,'camping
areas, swimming�biking and boating. With the City of
Newport Beach having final approval of whatever ends up as
suggested uses, this only makes sense, since the area, is
virtually completely surrounded by city property.
appreciate -the. opportunity to make, my views:known.
Sincerely,
Lawrence T. Houston
LTH*J,ml
RECEIVED
JUN 07 1976
IMA
IXYROPMf NT D)VIVU14
FACTS:
A. A -committee -has been assigned to:
Study future development of Newport Dunes including the re-,
development plan, that -has been proposed by the lessee,
Newport Dunes Inc.
2. Develop a list of uses -that would be appropriate to.the
conditions of the tidelands grant and, the desires of the
public.
'3. Prepare a proposal,for consideration by the Board of Super-
. -Visors on June: 23.
B.. Public'. imput is.vital.since the purpose of the Grant,is in the
main.. 7for the usie,of the people".
C Replies andim-put should be sent to:,
Larry M. Leaman, Chairman Newport.Dunes Redevelopment Com.
Environ.m.ental�Management Agency
-Development Division
400 civit Center Drive West
Scanta Ana, Ca... 9.2702
and/or
Orange County Board of Supervisors
..515, N. Sycamore
Santa-Anal,Ca. 92702 j.:.*_
Jmrs. Tean Watt, SPON Representative
#4 Harbor Island
-Newport Beach, Ca. 92660
.The following is a pattial list cur
.. ,rently under discussion.
Please _�circle__ desirable. u.5os and 4-ross "t those you feel are undesirable.
COi4CF�SIONS: r_p�-a+-boa
t-s-, bikies--) ..food & b ye
e ajT�U-slernerlwt__nides�
S3w1mmtTrgpoDl.1- cart.per/picnic SUPRV
etc.
BOAT ORIENTED: am salp-s�. 6 14ps,
marj-"me-mus-eum, expanded-maT-i-rrar, -etc.
OTHERS: rze-&�_ ts , 139tel, Mote.1, qaaieet7�,
i chic'facilit'les where.liquor�:gaW6j�'t�be tons umed,,� re cr eat iona I
-;!el
,r spaces,. youth group cam
'pi
,Additional comments and your recommendations would be helpful. Please
comment on the back.
'Signed,
I
=CUSSIGE . OF NE PORT DUNES RE-DEVELOPiiiENT NEED
NI -PW
The shoreline of Orange County is not only a recreation area for
the people of the county, but also fort he millions of people who live
er interior valleys of Los Angeles, San Bernardino,
inthe j-iiuch bott
Riverside, and Imperial Counties. During the hot summer months there,
lies and their
should be opportunity for all southern California fami
children to have access to thecool coastal beaches.of our county,-
-creation, but for their health and well-being.
.not* only for rc
Coastal counties and cities have a responsibility to make shorelines
idbeaches easily accessible at minifqum cost to all.people of the Stalle.
Their'tfailure to do so must result in State acquisition and administrat 0
of the:coastline:on-the behalf of all Californians..
county and o f
has b e en unf ortunat e I�or t he people of the n.
southern Calif ornia" that the Newport Dunes County Park lands have bee,
under lease gement for profit'.. Because,
to..,private corporation for mana
of. the high entrance fees that kept people of m6dest means out, -the
area has not beca sufficiently ut _ized at a time when the need 'or
additional; shoreline., recreational areas, has grown ever more acute.
nt y
Without further'delay the Board of Supervisors.of Orange Gotu,
r the. -same.
ent unde
should return the Dune.Park to. county manageh
a , dministration-as.,the other parks of the county parksystem. The �Park
space,
should serve the normal recreational,iibeds of the.-peopTe.,",open
cri . cking, camping,
relaxation, sunning, airing exercise, swimming, pi 2,
boating fishing,,i-,rith peopie'entertaining themselves. Commercial
. I ) tith
enteit.rise should.be kept out of the park as at�oth6r countyiparks, w �
business concessions limited to lunch foods, soft drinks, picnic supplies
-assure
should have a limit of: a 'few days. to
-minor water gear... Camping
Maximum use. There should be no reservation ot-campsites, except for
ups. B'6at size should be limited and restricted.to special
yout.. gro anching ramp should be Drovided:..Heavy boat use,
channels. - A public 18L
y should be prcrhibited,to prevent
boat storage, and boat industr
U
degradation of,water:quality for swimming, pper bay wateitbeilig,of..
mijjImuj;j quality at�the.b,est.;
a .1 and
The first need is to provide for maximum day use of the be c'
tt6d as
ith other uses,- camping, boating, Ti6hing;, permiv
...�!.vater areas, w
they are compatible with the primary.. use.
n to all the'peopl�.,of thE
would urge. -that, as thedune park belo gs .
at -people of all communities of the county. b -e informed�of.the
county., th, -ure of the Dunes Pa ur. I y
present deliberations over the f ut rk and opport it
be afforded to, them for participation in the planning.
tf 11
Respec u y,
0 n
Ruth Dh(hnson john 14. nso
0
620 Narcis,sus Ave. 62.0'Narci-sus Avenue
Corona. del Mar, Corona del Mar, Calif Orr,
Vn I i rni
SUGGESTIONS FOR NE -1 POET DUTE S hEDIEVELOPKENT
1. Terminate the I e a s o of the public park lands to private
corporations for exploitation and profit-taking at.the expense
of the public.
Operate the Newport Dunes Park under the County parks administration
ed.
under which other county parks are manag
3. Make recreation facilities available to all citizens for a minimum
day use fee consistent with charges at other county parks.
r
4. The principal pupose of t he park should be to provide public access
to the beach and water areas for sunning, resting, exercise,.swimmini
picnicking.
As space behind the beAch and parking areas permits,'camping facilit:
:should be urovided with limits on length of stay as at other county
parks.
6. The major part of the shoreline should be kept for the above beach
Led uses, but fishing, boating, boat launching shouId'L
:orien'.
provided for in restricted areas with limits on boat size and
Protection of swimming areas.
-7. Therc should: be Drovided a� limited number of concessions to supply
lunch food and soft drinks, picnic supplies, limited water gear
.:rafts, fishing gear such as exist at the Corona del Mar State Beach.
No ale -
8 14 oholic beverages in the park.
9 There should..be public restrooms,, dressing.ro.orris, outdoor showers.
'ro swimming pools, no bicycles, no amusement.rides, no fun.zonei
10.
no boat repairshops, no slips, no marina or boatstorage, no
.:vater taxis, no restaurants, no shops, no motels, hotels, game
...-.courts, no outdoor -indoor recreation halls, no museum. Interpretive
museums would be moreneaningful if built later further up the bay
as the upper bay iSdeveloped into marine conservation area and
-__:natural park.
John W. Johnson
620 Narcissus Avenue
Corona: del Mar, California,.
J
Ruth D. hnson
620 Narcissus Avenue
Corona del Far, California
R AM
ECE I
JUN 0 4 1976
WA
ID.jYfjoPW'4j. DjYjUlQV4
C�- Aw cs-e-, f�� 0
No C>,/-
0- 1 J�Q� M-4 WA-�
UX4
A0
CL)
rentlY under discussion
owing is a partial list of uses cur those You feel are undesirable.
-.:Tbe f0l, c desirable uses and cross zlut
cir le
please
CONCESSIONS: renta . I boats, bikes, food & beverage,
Swimming pool-, camper/picn ic supply store, etc -
launch ramp, sales, slips,
boa t repair, dry storage,
BOAT ORIENTED: panded marina,
maritime museum, eN
OTI
EIIERS center,
campin-, indoor/outdoor recreation
grou
etc:. please
your recommendations would be helpful
Additional comments and
comment on the back—
I _U�
PON--O�GRAM�
ou" May. 1976
DEAR MEMBER,
AGAIN WE NEED TO STATE OUR POSITION OR NEEDS
THIS MONTHS ISSUE NEWPORT DUNES REDEVELOPMENT
FACTS:
A. A committee has been assigned to:
1. Study future develooment of Newport Dunes includi:ng the re
development plan that -bas been proposed by the lessee,
Newport Dunes�InC-
2. Develop a list Of uses that would be appropriate to the
tidelands grant and, tbe,.,desires of. the
conditions. of the i
public.
3. Prepare a proposal for consideration by the Board of Super
visors on juh6 23.
B. Public imput'is vital since the purpose of the Grant is'in the
main, "for the use of the people".
C.: Replies and imput should be sent to:. om.
Larry M. Leaman, Chairman Newport Dunes Redevelopment C
Environmental Management Agency
Development Division
400 civic Center�Drive West
Santa Ana, Ca. 92702
and/or
Orange.County Board of Supervisors
515 N� Sycamore
Santa.Anal Ca -92702
Mrs. JeanWatt, SPON Representative
#4 Harbor Island
Newport Beach, Ca. 92660
The following is a,partial list of uses curi�ently underdiscussion.
e circle -desirable ases and cross out those you feel are undesirable
Pleas
SIONS: rental boats, bikes, food & beverage, amusement rides,
CONCES
swimming pool, camper/picnic supply store, etc.
BOAT ORIENTED: boat repair, dry storage, launch ramp, sales, slips,
maritime museum, expanded marina, water taxi or bus, etc.
OTHERS-: restaurants, Botel, Ho5aj..� Motel, -game courts, sh ' ops, group
7 . recreational
picnic. facilities where liquor ca
vehicle spaces, youth. group caMpon'g, indoor/oNdoor recreation center,
.swimming lagoon, etc.
Additional comments�and yo ur rec ommendations would be.helpful. Please
comment on the back.'
Signed
Q�Jm�I
EE�SPON� 0 GRAPF=���
N41. �UR May, 1976
DEAR MEMBER,
'AGAIN WE NEED TO STATE OUR POSITION OR NEEDS
THIS MONTHS ISSUE NEWPORT DUNES REDEVELOPMENT
FACTS:
A. A,committee has been assigned to:
1. -study future d evelopment of Newport Dunes including the re-
development:plan:that-has been proposed by the lessee,
Newport Dunes.1n.c.
2.. Develop a list of uses -that would be appropriatetothe
the tidelands grant and, the desires ofthe
conditions:of
public.
3. Prepare a� proposal for considerati.on by the Board of Super
visors on June 23.
B. Public imput i s vital since the purpose of the Grant is in'the
main, "for the use of -the people".
C., Replies and imput should be sent to:
Lsa�2_ Larry M. Leaman, Chairman Newport Dunes Redevelopment Com.
Environmental Management Agency
Development Division
400 Civic Center Drive West
Santa Ana, Ca. 92702
and/or
i Orange C6unty Board of Supervisors
_515 N. Sycamore,
Santa Ana, Ca. 52702
Mrs. Jean Watt, SPON.Representative
Harbor Island.
Newport Beach, Ca. 92660
artial list of uses currently under discussion.
The following is a p s o-ut those you feel are undesirable.
Please.circie�desirable uses and cros
CONCESSIONS: rent-&I—boats/ bikes;% fo_6d e,
Ga . mp�
BOAT- ORIENTED. boat r.epair,N dry storage, 1.:aG6-chr_--"rnp,, 4S_,F�S( �Slips�,
maritime o3z_,LDus, etc.
S,
��ame courts ��shop
OTHERS: (_,restaurants., %BOtei,"�Hotel, Mat!zl-,
co-n_&�med, _x�ber-eatdq_nal
picnic- e --
up camping- cenE r-,)
-youth gro
ng lagoon�
Additional comments and your recommendations would be helpful. Please
comment on the back.
Signed (�4. I-
OuR
DEAR MEMBER,
J
May, 197 6
AGAIN WE NEED TO STATE OUR POSITION OR NEEDS
I THIS MONTHS ISSUE NEWPORT DUNES REDEVELOPMENT
FACTS:
A� A committee has been assigned to: including the re-
1� Study future development of Newport Dunes
development plan tbat-has been proposed by the lessee.,,
Newport DuneslInc.
2. Develop alist of uses -that would be appropriate to the
.conditions of the tidelands grant and:, tbe.desires of the
public.
3. Prepare a proposal for consideration by the Board of Super-.
visors on June 23.,
ant is in the
B. Public imput is vital since the purpose oftbe Gr
main, "for the use of the people".
-.C� Replies and imput should.be sent to.
Larry M. Leaman, Chairman Newport D unes Redevelopment Corn.
-Environmental management Agency
Development Division
400 Civic Center Drive West
Santa Ana,; Ca. 92702
and/or
Orange.County Board of Supervisors
515 N. Sycamore
Santa Ana, Ca.�92702
Mrs. JeanrWatt, SPON Representative
.#4 Harbor Island
Newport Beach, Ca. 92660
The following'is a partial list of uses currently under discussion -
Please circle'desirable uses and cross out those you feel -are undesirable.
CONCESSIONS . rental boats, bikes, food & beverage�
swimming pool, camper/picnic supply s tore, etc.
BOAT ORIENTED: dly _ata�, launch ramp, aEac�,. mtiTm,
maritime museum. �,w
pqnd d t -e C.
OTHERS:, . restaurant's, _Bj�!,t�jf, H.Q &m=3n�- shops, 'group
9
picnic facilities where.liquor-ea7y/can't be consumed, recreational
vehicle spaces, youth group camping, indoor/outdoor recreat ion I center,
swimming lagoon, etc..
helpful. Please
Additional comments and your recommendations would be
comment on the back.
Z
ee ir-�- .
9
Signed
, /j_ a4
J)Fr PON -0
Ma 197G
Y
DEAR MEMBER,
-AGAIN WE NEED TO STATE OUR POSITION OR NEEDS
THIS�MONTHS ISSUE NEWPORT DUNES REDEVELOPMENT
PACTS:
A. A committee has been assigned to:
1. Study future development of Newport Dunes including.the re
deve.lopment plan tbat-has been proposed by the lessee,
'Newport Dunes Inc.
2. Develop a 1ist of uses- that would be appropriate to the
conditions of'the tidelands grant and, the desires of the
public -
3. Prepare a proposal for consideration by the Board of Super-
visors on June 23.
B. Public impu t -is vital since the purpose of the Grant is in the
main, "for the use of the people"_
C. :Replies and imput should be sent to:
Larry M. L earnan,. Chairman Newport Dunes Redevelopment Com.
Environmental Management Agency
Development Division
400 Ciyic Center Drive West
Santa And, Ca. 92702
and/or
Orange County Board of Supervisors
515 N..Sycambre
Santa Ana, Ca. 92702
Mrs. Jean Watt, SPON Representative
#4 Harbor, Island
Newport Beach, Ca. 92660
'the following is a partial list of uses currently.under discussion.
Please circle desirable us:..s and cross out those you feel are undesirable.
CONCESSIONS: rental boats,<,�ik. food & beverage,�.amusement rides,,.
�imming pool, camper/picnic supply store, etc.
BOATORIENTED: boat.repair, dry storage, launch ramp, sales, slips,
Qm�Li��itime museum,) expanded marina, water taxi or bus, etc.
OTHERS: restaurants, Botel, Hotel, Motel, Cgame courts shops,�_gr - oupN
�picnic facilities-Yhere. liquor can/can,'t- be.cnnsum ecT,- - r,e creat ion a
n�',
vehicle spaces,(Kot�th-jroup campi lindoor/outdoor recreation cej�t6�r,)
tswi,TTinj lagoo n , et c'�_—
Additional comments and your recommendations would be helpful. Please
comment on the back.
Signed
,:,If /1,6dc 1� �)X'T."N/tO V
I
DEAR, MEMBER,
OUR
-F==PG
May, 1976
AGAIN WE NEED TO STATE OUR POSITION OR NEEDS
THIS MONTHS ISSUE NEWPORT DUNES REDEVELOPMENT
FACTS:
'A. A committee has been assigned to:
1. Study future development of Newport Dunes including the re—
development plan that -has been proposed by the I lessee,
Newport Dunes Inc.
2. Develop a list of uses-tbat would be appropriate to the
conditions of'tbe,tidelands grant and, the desires of.tbe.,
public.
3. Prepare a proposal for consideration by the Board of Super,
visors on June 23.
B. Public imput is vital since the purpose of the Grant is inthe:
mainj "for the use of the people".
lies and imput should be sent to:
C., Rep
Larry M. Leaman, Chairman Newport D unes Re - development Com.
Environmental Management Agency,
Division
Development
400 Civic Center Drive West
Santa Ana, Ca. 92702
and/or
Orange County..Board of Supervisors
515 N. Sycamore
Santa -Ana, Ca. 92702
Mrs. Jean Watt, SPON Representative
Harbor Island
Newport Beach, Ca. 92660
The following is a partial -list of uses currently under discussion.
Please circiE� desirable uses and cross out- those you feel are undesirable.
CONCESSION§;_—x`6`htal b6ate-;—bikes, food &—beverage, aT_usement_X_-Ld.es,
per/ -f-o-'re, etcl_:V_�
swimming-'Pbol, cam picnic. su_pply--9
BOAT ORIENTED�— boat repal-r. dry storage-r-launcb r� y
T_,sales,� lips
ma I r&time museum,-expdn"ded taxi_�ug�, etc
,11�T . HERS: restaurants,..4 ��t-e�, -HOt-e-4, game courts,, shops, group-----,
picnic facilities where liquor ajafr/can't be consumed, recreational I )
vehicle spaces, youth group camping, indoor/outdoorrecreation center,./
Additional'comments and your recommendations wouldbe helpful. Please
..comment on the back.
Signed
OuR
DEAR MEMBER,,
May, 1975
AGAIN WE NEED TO STATE OUR POSITION OR NEEDS
THIS MONTHS ISSUE NEWPORT DUNES REDEVELOPMENT
FACTS:
IA. A committee has been as -signed to:
1. Study future develol-mene of Newport Dunes including.the re
-has
development plan that been proposed by the lessee,
Newport Dunes'Inc.
2_1 Develop a list of uses -that would be appropriate to the,
Conditions'of the tidelands grant and, the desires of the
public.
3. Prepare a proposal for consideration by the Board of Super—
visors on June 23.
Public imput is vital since the purpose of the Grant,is in the
main, "for the use.of the people" -
C. Replies and imput should be sent to:
Larry M. Leaman, Chairman Newport Dunes Redevelopment Comw
Environmental Management Agency
Development Division
400 Civic -Center Drive West
Santa'Ana., Ca. 92702
and/or
'Orange County Board of Supervisors
515 N. Sycamore
Santa Ana, Ca� 92702
Mrs. Jean Wat,t,,SPON Representative
#4 Harbor Island
Newport Beach, Ca. 92660
The following is a partiallist of uses currently under. discussion.._
Please circle- desirable uses and cross crut those you feel are undesirable.
CONCESSIONS: 'rental od & beve a afaus-ement --- ride�z;,
swimming pool, camper/picnic.supply stofe, ee
BOAT ORIENTED:
epaj-._,Cdry_storag&
(maritime museui�; -ex panded__ mar i-na, 4,�at-er__t-ax-i-43,r-43,u�, etC.--
OTHERS: e taur_,,_�_t_s;CBotel; Hotel,CMotel,�, q[ me A`courrs-,Cs'hoP§,P
(t �(Ls _z group
ie eTi-q-L1or*cari-can �t—'.be..-consumed,-(recreati.ona
rpicnic facil_it�s--whi5r
<�"hicle _spaces-,_,� yo-u,th group'-cam]�5in-j; noggr/outdoor recreation center—,
lagoon, jetc..
Additional comments and your recommendations would be helpful.. Please
commen j t on the back.
Signed
. �T(c
0
K -Z � �i5
---i �_4 i
�s PON 0
J41 �Iu
OUR
may, 1976
DEAR I -EMBER,
AGAIN WE NEED TO STATE OUR POSITION OR NEEDS
1: THIS MONTHS ISSUE - NEWPORT DUNES REDEVELOPMENT
FACTS
A. A committee has been assigned to:
rt Dunes including the re -
Study future development of Newpo
development.plan tbat-has been proposed by the lessee,
Newport Dunes.Inc..
2. Develop a list of uses -that would be appropriate to the
conditions.of the tidelands grant and, the desires of the,
public.
3. Prepare a proposal.for consideration by the Board of super-
visors on:June 23.
B. ..Public imput is v ital since the purpose of,the Grant is in'the
main, "for the vise of the people" -
C., Replies and imput should be sent to:
Chairman Newport Dunes Redevelopment Com.
Larry M. Leaman,
Environmental management Agency
Development Division
400 Civic Center Drive West
Santa -Ana, Ca. 92702
And/or
Orange County Board of Supervisors
515 N. sycamore
Santa Ana, Ca.. 92702
-Mrs. Jean -Watt, SPON Representative
#4 Harbor island
Newport Beach,:,Ca._ 92660
The following is a partial list of uses currently under discussion.
Please -circle -desirable uses and cross o-ut those you feel. are undesirable.
CONCESSIONS: rental boats, bikes, food & beverage,au�
.w-immJ7n-g--pf_,o+, Gampkar4
<�BO�TOI� TED-."\, boat repair,. dry storage, launch ramp, sales, slipsi
AT__OR�IENTED -
expanded marina, water taxi or bus, etc.
e-1-, 4� courts 9_�, group
OTHERS-- Hab-1, Mct- �ame
courts
iq,arr/can't be consume t
picnic facilities wljej��J_ u�or 0 nsume re
ng
outh group camp
Additional comments and your recommendations would be helpful. Please
comment on the back.
Signed
I really don't feel any of the suggested land.uses
are undesirerable in themselves,, what's undenirerable is the
ennstant emphU$is on the same kinds of land use; tennis courts;
motels; office buildings; shops; boat
oriented; apartments; condominiums etc. Maybe.it's time we
brought another.dimension into what1to do with ou-r remainimg,
land.
It may be the rigfit time to consider a vast theatre
complex, with the addition of museum and art center. 'Consider—
ing the level of intelligence and Educati-Ca of Newport Beach
and surrounding areas:.population.this.is certainly a, must
for the quality of life vie ho
pe to attain iq the future.
V -letve
come. a long: way with our doing many good things
with,the land and some irreversible mistakes. Novi we have
very little land left,, lets love it with all our soul.
Sincerely,
Gloria Shoemaker
C2 .2 e) evo,,--e- ae4e,
;?2 c &
it
OUR
PON�&,GRAT
May, 17976
DEAR
TEEDS
AGAIN WE NEED TO STATE OURPOSITION OR h
.,�THIS MONTHS ISSuE NEWPORT DUNES REDEVELOPMENT
FACTS:
A. A committee has been assigned to:
1. Study future development of Newport Dunes including the re-
development. -plan that -bas been proposed by th I e, lessee,
Newport Dunes Inc
list of uses that would be appropriate to the
2. Develop a lands grant and, the desires ofibe
conditions of the tide
public.
3. �Prepare a proposal for consideration by the Board ofSuper
visors on June 23.
B. Public imput is vital since the purpose of the Grant is in the.
main, "for the use of the people"..
C. Replies and jrlput should be sent to:.
t'Duner, Redevelopment Con -1
Larry M. Leaman, Chairman Newpor
Environmental Management Agency
Development.Division
4110 C,�vic Center Drive West
Santa Ana, Ca. 92702
and/or
Orange County Board of Supervisors
515 N. Sycamore
Santa Ana, Ca. 92702
Mrs. Jean Watt, SPON Representative
#4 Harbor Island
Newport Beach,.Ca.. 92660
The following is a partial list of uses currently�under discussion -
Please circle -desirable uses and cross-6u*t' those you feel are undesirable.
CONCESSIONS: al boats4 kq
rent� �b�ies� food & beverage, amusement ridc-s,
Ic u
-swimming pool, camper/pi,cnic vr�151y. store, etc -
BOAT QRIENTED-- boat repair, dry storage riaurch ramp,,sales, slips',
,-'r-n-aritime museum,' expanded marina, water taxi or bus, etc.
U
oup
otel, Mote-IrGame courtsj_ sho�s,cjr ul�
restaur Botel,
OTHERS; -ants,
Pic ic jacilities)whera--l_j
-quor canA�:can't be co sC e rje reat o
.n. recre tion cenOerl
-cl&
7'vehi y utb jroup camping 12 indoor/outdoor a
--swimming laCgoon, e�
I omments and your recommendations would be helpful.
ona c
comment on the back.
Fd:Signed
Ae
f2 . r -
Please
DEAR MEMBER,
it J,
PGN
Ouri May, 197 6
AGAIN WE NEED TO STATE OUR POSITION OR NEEDS
THIS MONTHS ISSUE NEWPORT DUNES REDEVELOPMENT
FACTS:
A. A committee has,been assigned to:
Study future development of Newport Dunes including the re
development plan that -has been proposed by the lessee.
Newport Dunes Inc.
uses that would be appropriate.to the
2. Develop a list of,
s of the tidelands grant and, the desires of.the
condition
public.
3. Prepare a proposal.for consideration by the Board of I Super..
visors on June 23.
B. Publ I ic imput is vital since the purpose of the Grant is in the
main, "for the use of the people".
C. Replies and imput should be sent to:
unes Redevelopment Com.
Larry M_ Leaman, Chairman Newport D
EnvironmentalManagement Agency
Development Division
400 Civic.Center Drive West
ia Ca. 92702
Santa Ar
and/or
Orange County Board of Supervisors
515 N. Sycamore
Santa Ana, Ca.. 92702
Mrs. Jean.Watt, SPON Representative
#4 -Harbor Island
Newport Beach, Ca. 92660
The foil owing is a partial list of uses currently under. discuss,ion.,
P I le I ase circle -desirable uses and cross out those you feel are undesirable.
CON CESSIONS: rental boats, bikes, f-oQd--&-beverage, amus-e�id6s,
s�_LLmnunj_poca, camper/pi7eni-c-supp-lY s -t -o -r -e, etc_
oa� epa �ram &a-) e -
BOAT O-RIENTED.:_ Ci�aitr ------ -r- or etc.
--ma wat��-ay. Jbus
IMe museu v., exja,�rndcrd -r-i-na,
OTHER S: rest u-ran's, B4aL-�, Het -e-1, mot-e��, game-com-r-ts, s4opf-, grauP,
picnic- fdcilitie&-whe.re-l�,quor--c-an/oan2-t--be--corrsx2tr.ed, recrea-ttaTral
campi6d;;) indogf-/Outdoor---recre-at-ion--ce.iter-,
vjeh-icle spaces, �You OuP
_*wimming-lagoon, etc.
Additional comments and your recommendations would.be helpful. P I lease
comment on the back.
signed
T
NOBERTW4 UNUTSEN
CALW�RMIA 92GS2
675-6342
June 8, 1976
Ret Dunes Redevelopment
Orange County Board of Supervisors
515 N. sycamore
Santa Ana, Ca. 92702
Dear Sirs: Z
In the Dunes area which is being studied for redevelopment,
may I again remind you of the extreme traffic congestion at
the corner of Ja,mboree and Coast My. I -attended one meeting
of the Dunes Redevelopment Committee. and my appraisal of the
situation is that -the lessee would like to build Hotel - Motel
or Inn type facilities.in order to make his lease more profit -
7 able. Tbe City and the. citizens representatives do not feel
..:this.- is an appropriate use.
In my opinion this would be a disasterous use, as we have
'hotels adjacent and nearby, ane the traffic generatedby such,
facilities would be impossible. Also, the access to this
area is limited and would put a heavy burden on Coast Hwy.
and Jautboree.
fly re commendat ions for this area would includet Up-
grading the present facilities and adding some c�oncessions
such as;. rental boats, bikes, food & beverage stands, game
courts, group picnic areas where liquor can be consumed,
recreational vehicle spaces, swin.ming pool, youth group,
camping, Indoor recreation center and swimming lagoon.
Iwould not include an expanded marina or lauhch-rampo
one is nearby, and I feel that these types of facilities
cause more pollution for our Day.
Thank you for your time and consideration'of these sugges-s-
tions.
Sincerely,
Mrs. Shirley knutsen
Member of SPON
(Stop Polluting our Newpor VECEIVED
cc:ls Larry Leaman
JUN 10 1976
ez
45��- 4e
IA'
j
The following is a partial list of uses currently :under discussion.
-ase circle -desirable uses and cross cut tbose'you feel are undesirable.
Pie
-id
CONCESSIONS. al boatLC �ike�� t ---r
��jood beverage, amu&em4t
C�wimm�ng p?p:1--., camper -/p -i -c supPL,Itox-e�, etc -
s et!��
sa-les
47ijach i�am
BOAT ORI�ENTED: boat r- a P4 -i -r
M . a-r-i-t-JMa-mus eum, exparde-d--mar-arria, rz-taxi or bus, - etc.
_]�a. e
mute!,(game courts,) sh
ts, Bet -e -l'. Hat -el, _!?ps, arolin
OTHERS::' restauran -::�
c n kc I facilities where liqu6ro jan�/c--a7n-!--t- be Cbnsui�ed, -r_ecrea ion'U
in oor outdoor
V
h* 'le spaces, (,youth group.. c4ampi
n��—Iaj n,)
Additional comments�and your recommendations would be helpful. Please
commentlon the back.
Signed
David H. Holmes, Principal
May 26, 1976
Mr. Larry Leaman�
Newport Dunes Redevelopment Committee
Environmental Management Administration
Civic Center Drive
Newport Beach, California 92762
:Dear,Mr. Leaman -
As a marine education.instructor for the Irvine School District. and
an active member at the Sea Scout Base, I am concerned about the long
range planninq for the future use of Newport Bay., The enclosed in -m
formation relates how,we are presently making use of local facilities.
The overall safety of our youth is also a vital concern to me.
The conjestion '-and crowding, is a safety hazard. Last Thursday, May 20
two girls in a sabot from the Sea Scout Base were run down by a 27' boat.
.,This is not an uncommon occurrence and will get worse unless,some long,,
range coordination and planning begins as soon.as possible.
I viould I i ke to propose the use of the Back Back area with the Dunes
arevas headquarters for a�small boat training program. Small boat
training.1-tould include Instruction in the use of kayaks, canoes, row
boats, and small sailboats (14 ft. and under)..,This area could be used
in conjunction with existi I ng locations and thus spread out and help
eliminate the unsafe and overcrowded conditions.. A boat storage area.
and classroom facilities are needed to augment the instruction process.
It seems,to me that by developing the Back Bay for use by our,schbQ]s
and.yobth groups as well as the publ.ic, it would maximize.the usage and
be most.beneficial to people in Orange County.
Your consideration in this proposal would,be greatly appreciated.
Sincerely
Alan Lukei
AL/Jb,'�
cc, Orange County Board�of Supervisors
I z.,l Al'�(Jver da
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70 Newport Pier
June 13, 1974
TO: CITY ATTORNEY
FROM: Marine Safety Department
SUBJECT: INTREPRETATION OF CERTAIN SECTIONS OF THE
MUNICIPAL CODE
1. Recently this department has received a number of complaints
regarding boats moored in the Grand Canal. The department
position in this matter is that boats not belonging to residents
abutting the Grand Canal cannot be moored in the Canal. In
requesting the removal of these illegally moored boats, we have
been citing Section 17.32.030 of the Municipal Code.
The above results in two questions we -feel requires clarificatioa
by your office. Those are:
A. What is the status of the Grand Canal as regards
use by residents versus non-residents?
B. Is this department correct in its use of Section
17.32.030 of the Municipal Code to accomplish removal
of vessels from, the Canal?
2. Early this week this department received a complaint regard-nq
the use of sound amplifying equipment at the Dunes marina in t1ie
Upper Bay. The Municipal Code, Section 10.32 speak—s—t-3-1-he use Of
such equipment for commercial or non-commercial uses. Before c;o-nq
any further towards a solution to this problem, it is felt Lliat a
determination should be made by the City Attorney to the status of
the Dunes Marina's use of sound amplifying equipment to page its
clientele. Is this use commercial or non-commercial as defined by
the Municipal Code?
Since the above complaint was received by this department via the
City Manager's office with a request for a quick solution, it is
requested that a de,termination be made within a day or two.
Glen L. Welden
Marine Affairs Aide
GEW: 1 f
Family Inn
hony's
F . Inn
Family Inn/ Marina Parking p
Sallcornla
Int etive
A I lea
�—�,M. he
Amenitle
estaurant
Restaurant
Marina
Pedestrian 8 Idge,
ultl—use Area
Swimming Lagoon
S
Fac
Beach & Concessions
a Parkkng) Day.—Pse
'41 Ecological
Reserve
Dry Boat
Storage p
!Boat
Launch;
siteuianti
.prIterpVative
enter/War1rie
Me a
............
B lcycle/Hiking
Vehicular Access
RECREATION & NEW DEVELOPMENT
newport dunes
NORTH COAST PLANNING UNIT
N LOCAL COASTAL PROGRAM
1":400' ENVIMNMENTAL MMAGUgEW AG8CY =1�1 � ZGE
Vehicle Tdrn
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Vehicle
Sallcornla
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ultl—use Area
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S
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Launch;
siteuianti
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Me a
............
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Vehicular Access
RECREATION & NEW DEVELOPMENT
newport dunes
NORTH COAST PLANNING UNIT
N LOCAL COASTAL PROGRAM
1":400' ENVIMNMENTAL MMAGUgEW AG8CY =1�1 � ZGE
Vehicle Tdrn
Sallcornla
Int etive
A I lea
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ultl—use Area
Swimming Lagoon
S
Fac
Beach & Concessions
a Parkkng) Day.—Pse
'41 Ecological
Reserve
Dry Boat
Storage p
!Boat
Launch;
siteuianti
.prIterpVative
enter/War1rie
Me a
............
B lcycle/Hiking
Vehicular Access
RECREATION & NEW DEVELOPMENT
newport dunes
NORTH COAST PLANNING UNIT
N LOCAL COASTAL PROGRAM
1":400' ENVIMNMENTAL MMAGUgEW AG8CY =1�1 � ZGE
wI
UPPER NEWPORT BAY ... BOLOGMAL PRESEFIVI
CCfIP0pATE
SHELLMA�ER ISL.AND
MARINA EXPANSION
BOAT LAUNCH/ CRAM
VE RAMP FACILITIES:."
t
'CONEY ISLAND OPEN SPACE_____LAGOBN
AND INTERPRETIVE CENTER I -CONEY ISLAND
DOCK
7 i DRY BOAT
VJ -5' 'STORAGE.
MARINA BU 11 �SS/ COMMERCIAL5%�,
Fri, INTERPRETIVE AMENITI,,
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AA /9
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SWIMMING LAGOOIT' OFFICE
RECREAT16AA
i
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-VEHICLE! ,
ME PATH /map
A
BEACH AREA
DAY USE FACIUTIES
Vb
fw
01
L� ME PA 0
49
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RECREATION & NEW
DEVELOPMENT PLAN
newport dunes
lj9lilll..
�1.04
COURTON & ASSOCIATES #T% NORTH COAST PLANNING UNIT
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VICINITY SRETCH
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ADJACM PROPER17 ORNERS
DElyr. OF FISH & CAME
IRVINE COMPANY
APPIACNTPS:
COUNTY OF ORANGE & NBqPORT
DUNES
998 W. MISSION BAY DRIVE
SAN DIE -GO, CA.
7 la
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APPLICANTS: IN: UPPER NFWPORT BAY
COUNTY Of" ORANGE & NEW11ORT AT: NEWORT BEACH
DUNES COUNTY OF: ORANGE, CA,
993 W. MISSION 13AY DRIVE
SAN DIEGO, CA.
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10-04-01 1 Hunting!en Beach, Ca 9 7164.9.
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PROPOSED:
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0 A r
PURPOSE:
d9
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ACCESS.
VICIMITY SKETCH
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DEPT. OF FISH & WE
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DUNES COUNrY OF: ORANGE, CA.
993 W, MISSION BAY DRIVE
SAN DIECO, CA.
q i I I SHEET I OF I
PROJECT 51rE
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poor.
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DUNES
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IN: UPPE�,R MPORT BAY
AT: NMPORT BEACH,
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NEWPORT DUNES REDEVELOPMENT PHASE II
P R E L I M I N A R Y P L A N S
MARINE ENGINEER
TITLE
SHEET
TITLE SHEET
0
MASTER LAYOUT
1
SLIP AND PILING LAYOUTS: DOCKS A,
B, Sz C
2
SLIP AND PILING LAYOUTS: DOCKS D
& E
3
SLIP AND PILING LAYOUTS: DOCKS F
& G
4
SLIP AND PILING LAYOUTS: DOCKS H
& 1
5
GANGWAY DETAILS
6
GANGWAY STEEL
7
PLUMBING LAYOUTS: DOCKS A, B, & C
P-8
PLUMBING LAYOUTS: DOCKS D & E
P-9
PLUMBING LAYOUTS: DOCKS F & G
P-10
PLUMBING LAYOUTS: DOCKS H & I
P-11
ELECTRICAL LAYOUTS: DOCKS A, B, &
C
E-12
ELECTRICAL LAYOUTS: DOCKS D & E
E-13
ELECTRICAL LAYOUTS: DOCKS F & G
E-14
ELECTRICAL LAYOUTS: DOCKS H & I
E-15
UTILITY INSTALLATION DETAILS
U-16
UTILITY INSTALLATION DETAILS
U-17