HomeMy WebLinkAboutM2006-0022BALBOA IS
H. S. BEEK
PRESIDENT
410 Sou
BALBOA ISLANC
City of Newport Beach
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0 n & Wiker Insurance Co.
cc: T lma
Blind CC: Mr. Tony,Melu'm, Cit of Newport Beach, Marine Dept.
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since 1919. Our boats maintain a regular schedule every day and you are
aware of our need for unobstructed access to our tie up area.
'Being I a.vessel operator yourself, I hope that you can appreciate how
difficu.1t it can be at times to maneuver a 65' by 21' barge, then add
to that, the often surging currents and high winds.
We have on numerous occasions brought to your attention the fact that
one or some of your boats were encroaching our slip area. Some of these
occasions were:
6/9/83 Commodore Trawler
4/25/84 Captain / Sea Escape
4/30/84, Meeting with Adrienne & Bob Bisbee
We have observed.very inconsistent cooperation on your part towards our
previous.requests. Enclosed of the Plot Plan" relative to
is a copy
your business property.
We�now request that you seriously.heed this notification.
Very.truly yours
BALBOA ISLAND FERRY, INC.
A�s A�
Robert,K. Snyder,
Operations Manager
RKS: ab
0 n & Wiker Insurance Co.
cc: T lma
Blind CC: Mr. Tony,Melu'm, Cit of Newport Beach, Marine Dept.
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ROBERT H. TELLER
SUITE 1025
660 NEWPORT CENTER DRIVE
NEWPORT BEACH, CALIFORNIA 92660
714-640-0840
December 9, 1985
Mr. Don Matics
Balboa Island Market
500 So. Bayfront
Balboa Island, CA 92662
Dear Don:
The following will confirm our agreement in principle relative to
Bob Teller's use of the 30' of water area adjacent to his property
at 504 South Bayfront:
That you have no objection to our developing a dock on this
water area in conjunction with the development of our water
area. This development is to be in substantial conformance
with the layout which you have already seen subject to re-
vision by the various agencies involved.
In return for this agreement you, your heirs and assigns are to
have irrevocable rights to the use of a dock of approximately
38' x 12'. Additionally, a consideration of $75.00 per month
will be paid you by us.
If you are in agreement with the above, please indicate this by
executing the signature block below.
If you have any questions or require additional information,
please let me know.
(7 ry ruly yours,
Byr7on rulySt-i-egemeyer
BGS/cm
Don Matics
/ - �7
Date
RECEIVED
JAN 1.0 1986
ARS'd
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__�',_ ______ I . � 1. I i ll� -� TDAE SWITCH REQUIREMENTS: TIMESVnT -,
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- � - - __ ''I ___ I � _ , � , -, . � _ I I I i L . � SErMGS ONLY. INSTALL TIME'SWITCHES AND LIGHTING - 7' 1
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I . - � , I I - � - T(RS IN LICRITING PANELS UNDER SEPARATE LOCKABLE HINGED I �
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I I � � I 11 LTG, L.v..TRANSF'6'.,T1'1 THRUTIG.' - . � I . . . I � I I I , I I � - � I I � I . . � I I I � ''I - I . � I .COVERS. CONTACTORS TO HAVE MINIMUM OF ONE SPARE POLE OR, , , : � . . I �
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1. - I . 11 I (50V-A.XFMRS.1,20v,To-24V.)_ - - '' � - W. P PfAsw S L . I � � - I , I � � I / I '' - , I I . .1 . . I I I I I I I I . - I . ; , MME WHERE INDICATED. TIME SWITCHES SHALL BE AS MANUFAC_ I . : I
. CA5 ,5HALL'Sra CoMpARTMF_NTED , -1 - � : , I I 11. I � I � I =============I __ - � . ! TUIRRD BY TORK- PARAGON, SANGAMO OR PRECISION- MULTIPLE. �� 1,; I � I .
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PREPIA ao IYORFt THE
IRE 11110"XF
ROO LUNOIN ANO ASSOCIATES
DATE:
T M --
TV --1 yj ",-*I
.7 I tcj
7 7 7 T-� 71
777 777777
A
ispection by a specia� inspecior approved'by-ihe
and Engineer is reluired for'oll eoncrete.
;hall be as shown on he drawings except bars marked
)y be lopped spliced 4n convenient lengths'. ' Unless
licated the length ofilap shall be 36 diameter3,minimum.
reinforcement shall be fabricated end ploced.in
.th ACI 315 an -d ACI 318.
between reinforcing -bars sholl,be a minimum,of 14 bar,
or 1-1/3 times the, !maximum aggregate size, whichever
;hall hove the following minimum protective' co'ver,of'
!ssotherwise noted:�!
-.e poured against gro�und or formed
:e in contact �with se�cwater 3
'contact
concrete surfaces, In" with ground 2
concrete surfaces exposed,to-weather 14
or pipes, conduit, e-tc. shall be made in concrete without''.
of the Engineer unless shown on the drawings.
joints' shall be local"ted as shown on the drawings or sholl
)y the Engineer. Surfaces @ const. joints shall. be clean,
ince and mechaniccllyi roughened to expose course
a full amplitude ofA".
-ete tabs fabricated by on approved fabricator or. shall
;ly inspected by a so, ecicl inspector approved by
dhd Engineer.
tapes and plate shall c9nform to ASTM A36.,,
:onform to ASTM A307.
oolts & threaded insert jAU�, De, HOT
IP, U, I
ae -*JgA "'RALL 'Of. PE A h7A�
-Fil
-�T
st 11
r Tfia�5� t-oc>ATi�.IN:57.
ification for further in o-
of all precast concrete�sheet piles shall be
'approved
inspected by a special ins 'ector by
p
Dept. and Engineer.
and -;hapcs :-hall be type6061 -T6.
-*�ith inert �:c
.ri parts rhall 1 weLd an gas, shielo'k!d
nce v?ldiiig p,.L>c(,ss. All welds sha-11-beperforre
alified,in accordance.04ith the pl-ocedures-of the TJ .'E -C
o.
Tj
ess steel shall type
're6cm-nendations
pecification faj�weld'IiSg of' staltil.ess
R4A SHRUT, NO.
R
0 4,11
J7 'SO 14-37
OIRIY ---- ZT,
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0 1A %9 It- 419 -TOTAL SQUALLY 51*ACED
o t
(4
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25. 25
NOTP-50#
CHAMFER---- /—I" CHAMFER
REINF SHOWN ON ELEVATION� IS
PRINCIPAL RBINF.'
6 - PANELS P, 4 0 24 0 PANELS a 4 0" 24 0 112 0- 0 12 - FANE LS, S 4�d' 6 c _W5.0 SIOIRAL 2. PRINCIPAL RC -INF 15 ON, SOUT14
OF THE PANEL.
FAGS
-r E– tn 3. SECONDARY, RMINF SHALL 13E
FOP, PA�4r=L SIZE 4� XEINF FOR PANEL S'ZE REINF: P
z
4-#S- TYP.
RaFER TOi,�4 'ro CLK To
0
0
5FIRAL A. PANP-L. ELEVATION 19. VIEW
1`96M THE SOUTH.
4
GrFz r-,,> I E7 VA -71 0 1. 1 , I
A 511
'A A
CHANIFEk -SECONPARY REINF
I" (:HAMFC-R G -h" STRAN05 CRAMFER
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C U T �'Z 5 T KA I` I t;�
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PATCH W1 5EALANT.
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FILE ENGTH
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1 �Y4 CLk 3 11/21, NOTE:
MUM
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_VL �1211
L P,' FILE'SHALL HAVE MINIs
I't-',INCIPAL X S IN F: FER F-MOMPMENT 0 F le'- 0 " )N I T14'
5HCEET FILE ELr-_VS,� T010 OF PILE AT ELEV +12.50
ffdi�
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ROD LUNDIN AND ASSOCIATES.
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S Y _B'0 L'S G E N, E,. R- -A L N 0' T- L -'S
UTILITY POWER CENTER COMPLETE XITH 'CORROSION-RESI STANT ELECTRICAL R�ST!ALLATION SHALL MEET ALL REQUMEMENTS,OF
30 AMP., 120V., 10, 2 -POLE, 3 -WIRE -GROUNDING TYPE'TWIST-LOCK THE MOST CURRENT EDITION OF THE NATIONAL ELEC-M
C CODE,
RECEPTACLE, (NEMA REF. #L5 -30R) WITH 30A -1P. CKT. BREAKER; THE LOCAL ELECTRICAL CODE, AND ALL OTHER CODES HAVING
CORROSION -RESISTANT 50AMP., 120/24OV., 10, 4rWIRE, .3rPOLE- JURISDICTION. IN ANY CASE, THE MOST STRINGENT RULE SHALL
APPLY.
GROUNDING TYPE TWIST -LOCK RECEPTACLE (WeMA L(o- W110
�WITH 5OA-2P CKT. BREAKER,AND BUILT-IN 4VATT, 120V. 2.. INSTALL ALL WORK IN ACCORDANCE WITH PLANS APPROVED AND'
FLUOR. LIGHTING, FIXTURE. 17M1SUW000H6,&D *NSFPL;. INITW PHOTO STAMPED BY THE: ELECTRICAL DIVISION OF THE BUILDING DEPT.
C -Lc -c. 4WITCH OBTAIN AND PAY, FOR ALL PERMITS PRIOR TO CONSTRUCTION.
STORAGE LOCKER BOX WITH POWER CENTER SAME AS UTILITY 3. PRIOR TO AND DURING CONSTRUCTION, VERIFY AT THE JOB SITE
CONDITIONS AND DIMENSIONS WHICH EFFECT ELECTRICAL WORY,
POWER CENTER EXCEPT MOUNTED ON LOCKER BOX.
4. IT IS THE INTENT HEREIN THAT ALL LABOR,'MATERIAL, CONTROLS
U.S. PROJSCT _—LE#,SE LINE W.P. DISTRIBUTION POWER & LIGHTING PANEL. AND -CONNECTIONS BE FURNISHED AND INSTALLED FOR COMPLETE
AND OPERATIVE SYSrEMS AS REQUIRED TO SATISFY ALL ELECTRICAL
17"L. X 13"W. X 10"D. POWER PULLSOX FLUSH MOUNTED IN DOCK -PLASTIC. REQUIREMENTS OF: APPLICABLE CODES, BUILDING DEPT., FIRE
END OF TIVOLI LIGHT TUBE RUNS -TYP. DEPT., APPLICABLE PLANS, SHOP DRAWINGS,
AND OTHER TRADES SUCH AS PLUMBING, MECHANICAL AMMSMW*
TIVOLI LIGHT 7LIbS W17H LAMPS 17"L. X 13"W. X 10"D. COMMUNICATIONS PULL BOX FLUSH MOUNTED- PRIOR TO A -NY INSTALLATION, REFER TO SHOP DRAWINGS.
ON 4-"cGNTISRZ- ROUTC- LIGHT IN DOCK -PLASTIC. ANDjUE DRAWINGS OF OTHER TRADES AND CONFIRM ALL DIMEN-
SIONS,' OBSTRUCTIONS, CLEARANCES, TYPE OF CONSMUCTION,
TU6E IN CHkSs-wt#%Y CUT IN70 DETAILS AND REQUIREMENTS WHICH EFFECT' ELECTRICAL WOM
15ES CIVI L VW4�s
LIGHT '5TMID'j-29" H. K I I"w, Y. 7" O.'WITH - 7 WATT f=LLIOR. AND -THREF, (5)
LIGHT VIFFLr=ING L6WSfr=l'A6 MFR -p1 -W 71-16 STOCKLAOND CO. 5.' CONDUIT RUNS ARE SHOWN DIAGRAMMATICALLY, DETERMINE EXACT
LOCAnONS AND ROUTINGS IN THE YIELD TO SUIT FIELD CONDITIONS.
LOCATE FIXTURES, DEVICES AND EQUIPMENT SO AS TO CLEAR ALL HNTCH
DOOR SWINGS AND OBSTRUCTIONS.
f -FEED POIWT FOR (`2) LIG H F I L a y r.)/ V. L. VERIFY LOCATION. .6. MATERIAL & EQUIPMENT SHALL BE NEW, U. L. APPROVED, RATED
T 7U5F_ RLIHS. FOR TYPE OF INSTALLATION 04 AREA IN WHICH IT IS TOMEINSTALLED
TYPICNL UNLESS N07ED OTHERWISE. P. 0. C. POINT OF I CONNECTION. AND.UNLESS OTHERWISE NOTED SHALL BE FURNISHED AND INSTALLED
AS PART OF THIS WORK DO NOT HOOK UP ANY EQUIPMENT FURNISHED'
C LAGS IRING HOM N. By OTHERS WHICH IS NOT U. L. APPROVED.'
HA -GH KS INDICAT WLIM5ER.
L 7. DERATE WIRING INSTALLED IN AREAS WITH
c AMBIENT TEMPERATURES
OF '51Z I A%v4G. 7HW C CONDUCTORS, OVER 30* C (860 F) IN ACCORDANCE WITH TABLE 310-16 OF THE NEC.
INSTALL� I PVC SLEEV5 P�OUTED UWDEP,
INCREASE BOTH CONDUIT AND WIRE SIZES AS REQUIRED.
STRI _,se NOT e 2 ff:raLow. 8. UNLESS NOTED OTHERWISE: CONDUCTORS SHALL BE COPP
(Typ. LAW ONLY) ER, CON-
DUCTORS #6 AND LARGER SHALL BE XHHW` AND CONDUCTORS #8 AND'
T
FUT. 5LPG. I
SMALLER THHN-THWN. CONDUCTORS M AND LARGER TO BE STRANDED.
T5 &-T4
POWER CENIER "fb1 — 0OCK
NO
MIP"717CO'NS.
. . .........
PROVIDE GROUND SYSTEMS AND GROUNDING AS REQUIRED BY CODE
_,kf5l. AND BY 250-81 & 83 OF NEC.
00 W. P, M. AF MR. ��51 w
T15*TIG UPON COMPLETION OF PRCJE CT,' SUBMIT TO OWNER A COMPLETE
1!�'- T I I T 12 Sim L R TO L R, v, eyzePT SET OF ELECTRICAL "AS -BUILT"' DRAWINGS NEATLY DRAWN.
WIT TI THRU TIO.
wP.%L.\/- X�FMR. cAbINST 11 E511 -YFNIRIB-12 V TO 124\/.) TDAE SWITCH REQUIREMENT&- TIME SWITCH NUMBERS INDICATE
10"W. x�24"Hx 7V2"v,(CFuUGr* HINP5 CA�e>. 174 TS SWSRAL WaT I!) SLr71NGS ONLY. INSTALL TIME SMTCHES AND LIGHTING CONTAC-
r-WJ5102407 GERIES)FOR TIvOL1 ,ALY-. WAf TORS IN LIGHTING PANELS UNDER SEPARATE LOCKABLE HINGED
LTG. L,v. TRksISF"S. T1 I THRU TIG. COVERS. CONTACTORS TO HAVE MU41MUM OF ONE SPARE POLE OR
(5OV.X,YFMRS. 1,20v, To 124V.) p P/&A S L, MORE WHERE INDICATED. 71ME SWITCHES SHALL BE AS MANUFAC-
f�)LL 50A Sr --f: S TURED BY TORK� PARAGON, SANGAMO OR PRECISION MULTIPLE.
CA5.,5HALL 5S COMPARTMENTED it
FOR, LINE VOLTACaE �, LOW VOLTAGE: cAb. tT� Mfws FOP, FfAUIF.tmEWT� TIME SWITCH SETTING LEGEND
roSPAR-4,TION. SEE GiISNERAL NOTE#jb. CAL FOR ALL PANEL SCHEDULES)
T. & SETTING fl DUSK TO DAWN
T. & SETTING #2 DUSK TO PRE -DAWN
FEED P),(?�41 -OR (1) LIG T STA 0 L66,1' �TF_FL M64 H Cw5(-S d Wot-_T -Al f". - TYp,
, I F T.& SETTING f3,4 5,etc. SPECIALSETTINGS
TU5E, KLf TYR .3, rL ES.
a. SETTING #1 ENDICATES A 2000 WATT PHOTOELECTRIC CONTROL-
SEE G.L. MAO;4m 01� GHT. e z,
F
LER WHICH CONTROLS A CONTACTOR. WHERE ONLY ONE
f
BRANCH LIGHTING CIRCUIT IS TO BE CONTROLLED, THE CON-
TACTOR MAY BE DELETED.
W�Iyl b. SET71NG #2 INDICATES A CONTACTOR CONTROLLED BY BOTH A
—icRM�1lIA7=__ AT TDdE SWITCH AND A PHOTOELECTRIC CONTROLLER INSTALLED
WAILL ON THE LINE SIDE OF THE TIME SWITCH CONTACTS.
A17H F-11--aL ENIV, ;
A p"'l4j. El -f eT�4eizr',, -SEC- eTRaeT� PL4�c-je"_Tfp, C. SETTIINGS #3, #4, #5, ETC, INDICATE A SEPARATE TIME SWITCH
FOREACHSETTING. PROVI E A CONTACTOR CONTROLLED BY
CA5. "A:* - 7� 4 7 10 1 V4AY- 15F_ SHT. F,-2. APPgox-, 1:"hVC, 60HPIJ17 GLEf_=VtG WITH P�,eLL tWr,;. THE TIME SWITCH WHERE MORE THAN (3) POLES ARE REQUIRED
FOR A SETTING.
S 1:M P01�1112, 641�,Lli A�JE? 'a, fo!tL
V4 0. FOP, V. TIVOLI LTG. CONDUCTORS. a4jc7T� call
CTRIC
-0—INGOT&L.1- WOUIT Iw c0mr C-OMMW! e,4TIO4 6AP_;i_E5, d. EXTEND CONDUIT WITH 3 #12 TO EACH PHOTOELE
CONTROLLER. ALL PHOTOCELLS SHALL BE GROUPED
TOGETHER FACING NORTH. AND AT ONE LOCATION #,T,, FPMEL V
PICR�
GROIN WAL1L1_____-_ �--TIVOLI G HT 7 U 5S W/ LAM Pe ON
UNLESSNOTED.
E_
tl_ _c r -u ppior
All pt: _7H _T (S)?4
Ci -SE N T ROUT9 LICRI-IT 7U66 F,:!;,r- eA caet�.
RE OWNER HAS THE RIGHT TO REARRANGE 71ME SWITCH CONTROL
IQ Recess. FULI�_He4D WALL OF LIGHTING AND EQUIPMENT PRIOR TO INSTALLATION.
_-A
A IN SOME BRANCH CIRCUIT RUNS, SPARE, CONJIUCTORS HAVE
--PF2,0FeRTY LIWF- BEEN PROVIDED FOR THIS FLEXIBIL11TY.
12. R DO XES IN WALL 0 F PIER SHALL BE CAST
IRON AS MANUFACTUR 0
#A-1677 EXCEPT SIZES
PR QUIRED.
DOCK, TIVOLI LIGHTING LAYOUT 0 e TAI L,
jol - ol' 6E- I
13. COORDIN&TE WITH TIVOLI LIGHT INSTALLER TO VERIFY ADEQUATE
SPACE & CLEARANCES FOR WIRING AND FOR NUMBER OF SOVA L.V.
TRANSFORMERS IN CABINETS "A" & "B7 INCREASE SIZE OF CABINETS
TIVOLI LIGHTING N07e'5. IF NECESS ARY TO ACCOMMODATE INSTALLATION.
TIVOLI LjG. tJQTES CONT'D.
14. ALL CONDUIT NOTED SHALL BE TYPE PVC, MIN. SCHEDULE 40 UNLESS
I , FEE0 WIRING FROM TIVOLI LIGHTING LOW `V0LTPGE: _TRAW5f=ORNA1F-R'5 TI 7H U TI TIVOL-I LAGHTS SHNLL F_)S 15INGLIE, CIRACUIT W17H 4" LAMP SFACIWG If4 1/411 51ICv" Rr=cTmGLs NOTED OTHERWISE.
TO TIVOLI LIGHT 7ue>F-S 6HALL 5S CLASS 2.
F0L,YCARF60W^-TS 7UF_5E WITH GiEL f=ILLING. COLOR OF P0LYCARPb0NA,`Tr= 7U69 15HALL, F-1,6 15. ALL HARDWARE SHALL BE STAINLESS STEEL UNLESS NOTED OTHERWISE.
I" CONVJIT SLEEVEe SHALL ESE FROVICE-Ec> To FACILITATE 1,q157ALLATION op CLA,5S,2 Vr=PIFI6I:;P WITH OWNER. TIVOLI LIGHTS 15HALL e�S MANUFACTURSO 5Y TEMPO INDIr-57RISS INC,.
FGaV WIRING 70 71VOLI LIGHT TU5eS. PROVIDE SLF-EVF-15 Lk1HEpX_- Cc>NC>UCrc�p.S C.,O KIT#,CT SXLES REF. MR. GARY caur=RwSay A%T (714) C,04.1- 0315. IG. PROVIDE SUPPORTS FOP, ALL Ae>OV'F- DOCK PULL b0)(E-SsFq_1Cs
C -P -09S 00CV-, UWC)F_P�. GANGV.1^*(, FOP, P r-,OTECTION or- CONDurToPs F,-Iom oAmpGs A6 REaC% F!>OXES, rA,5iwETs, FAwEL--> EQUIPMENT AS PSKSPECS.
E5Y TIVOLI LIGH*r 5y6Tp_M IN5�,kLLE_R, AN[) CODE- AsUTHOR-ITIES,, AWD NHr-p.E INDICATEC)
DR -41M N (3G
COr->RVIW1h--'TG; A%LL cOWPUIT INI:�57T,4,LL�ATIOtsl AND 7SF:kMINAN7io`N15 VVITH 71VOL.1 LTG.
INl:E,Tt&,LLER ANJO OTHEK TRJs,,C>r='s IN FIELZ>,��-OAs ToAovoiD 0Owf=LIrTs.
FF;;:
cm
S�Uf4LGr;,r, c57EISL PIPE SUProiz_'T
'�TF4ZT,
--CO�JDUITS ISC-S G.L. PIAGRAM.
--------W.F>,
f .0ow,
CA51 NP -7 "A" 5EE NCITE #15.
PIPF-5TRAP- TYR 14
V41TH STAIWLSS5,STP_EL
Krzt-LEMS CRJP.
PVC CONDUIT SLr=E:V9W/e>F_LLSW0S �'_--TYP& "G" CoN.51-e -TYPICAL r -OR. -2.
FOR CA61_9 SUPPORT - IYF-, FOR -2.
��TA,[ W LEGS STSIBL
1579E;L� C-%rF_F_5OLT FORSUPF�2RT
OF CA,15LS - ON Cz A7 :=ACH END OF SA4H CaqDU IT
SLILSN/6 SUPpoRTSD �-r;Gm risp,
W. 7. S,
DITOIVIAS�0 ANDASSOCIATES INC.
CONSULTING ENGINEERS
7658 HASKELL AVE. (818) 782-1755
VAN NUYS, CALIF. (213) 873-7676
91406
JOB NO. 8oG41
wf. j-. '161 N Lo I I 4w N tz� - �zztv Loclkorws
COMMUNICATION PLAN'.'
F5U LKH eAD Per,'/I PE GTAI 0 LB;G GTEEL Fye e,4T (ONE, AT EACH tN9
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COUNCIL AGEN
DA
AG�NOA 1T -
CITY OF NEWPORT BEACH BY THE CITY COUNCIL
Marine Department CITV OF NEWPORT BEACH
February 24, 1986 �EB 24 1986
'TO: MAYOR AND CITY COUNCIL
FROM: Marine Department rZ
SUBJECT: HARBOR PERMIT APPLICATION 256-504 BY ROBERT TELLER
AND BYRON STIEGEMEYEk TO REVISE THE COMMERCIAL PIER
AND FLOAT BAYWARD OF 504 SOUTH BAY FRONT, BALBOA ISLAND.
Recommendation:,
If desired, (1) Deny the application, or
(2) Refer the application to the Tideland Affairs Committee
for review and recommendation.
Discussion:
This applfcation is before the City Council as required by Section 5.B. and
5.C. of the Harbor Permit Policies, which state:
5.B. "Prior approval of the City Council will be required before the
Marine Department may issue any permit that does not conform to standard
drawings and the adopted Harbor Permit Policies."
5.C. "Prior approval of the City Council will also be required before
issuing a permit for shore-tonnected structures when (1) The abutting
upland property is a dedicated public right-of�way except along the
Grand Canal on Balboa Island/"
For the City Council to approve the revision as submitted it would be
necessary to grant exceptions to the following Harbor Permit Policy
sections: Sections 17.A., 23.V.2., and 1.C. Exceptions to the policies
can be approved as outlined in Section 24 of the Harbor Permit Policies,
which states:
24. "The City Council may approve exceptions to any of the requirements
and regulations set forth if there are special circumstances or conditions
affecting the harbor installations that would impose undue hardship on
the applicant or if i't would be detrimental to the best interest of the
Ci ty.'I
As the attached diagram indicates, the applicant proposes removal of the
existing structure., which in the past housed a barine gas dock and related
retail sales facilities, and replace it with a Vessel Brokerage operation
with slips sufficient to berth a maximum of s ls for sale. Because
even vesse
the only vessels berthed at the location would be vessels for sale, the
applicant is requesting that the Council waive the requirements of Section
17.A. of the Harbor Permit Policies Which,state:
- ----------
17.A. "All commercially operated boat docking facilities shall provide
0.75 parking stalls for each single boat slip and 0.75 parking stalls
for each 25 feet of available mooring space not classified as a slip."
If the natur(Ei"of the water side operation changed and it became a commercially
operated boat docking facility, the permittee would have to comply with the
above quoted section of the Harbor Permit Policies and provide parking for
five vehicles.
To achieve the depth required for:the proposed revision it would be necessary
for the applicant to dredge i'n vi-olation of Section 23.V.2. of the
Harbor Permit Policies, which states:
23.V.2. "South Bay Front between U.S. Bulkhead Sta. No. 256 and
No. 259. Piers may be permitted to extend 10 feet channelward of
the U.S. Pierhead Line. Dredging around floats shall not exceed a
depth of 2 feet at mean lower low water along a line 60 feet channel -
ward of and parallel to the bulkhead line."
This sec tion of the Harbor Permit Policies was enacted to protect the
relatively shallow bulkhead pane.12s that support the City sidewalk, and to
provide sandy, sloping beaches bayward of this bulkhead.
To acheive the depth the revision -would require, the applicant is proposing
an additional bulkhead bayward of the existing bulkhead, and a groin wall
on the easterly side of the aproperty approximately 60 feet long.
If" Council were to grant an exception to Section 23.V.2. of the policies
as quoted above, it would be recommended that the,bulkhead and groin wall
plans and specifications be reviewed and approved by the City's Public
Works Department. In addition to the above, we would further recommend
that the applicant commission a review by.an independent marine engineering
firm to determine the effect the proposed groin wall would have on the
beaches easterly of the project.
As the attached drawi'ng*further shows, the applicantis requesting that a
building be constructed on the baywardmost portion of the docks. This
building would be used in conjunction with the "vessels for sale" use of
the property. To allow -a building to be constructed in this location is
in violation of Section 1.C. of the Harbor Permit Policies, which states:
i.c. "On1y piers, floats, certain patio decks and their appurtenances
shall be permitted between the bulkhead and pierhead lines."
In the most recent past, the City Council has allowed exceptions to th , is
section of the policies only in connection with gas dock operations.
The applicant further proposes a,zero set back on the westerly portion of
the.baywardmost float. This would require vessels using the westerly
inner docking area to cross the adjacent permi't zone. For this reason it
is recommended that the westerly section of the baywardmost float be set
back 20 feet from its current proposed location.
�2_
AGENDA ITEM: J-1
Marine Department
CITY OF NEWPORT BEACH
February 24, 19 6 fly
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATION 256-504 BY ROBERT TELLER
AND BYRON STIEGEMEYER TO REVISE THE COMMERCIAL PIER
AND FLOAT BAYWARD OF 504 SOUTH BAY FRONT, BALBOA ISLAND.
Recommendation:
If desired, (1) Deny the application, or
(2) Refer the application to the Tideland Affairs Committee
for review and recommendation.
ni cr-ijeclnn -
This applfcation is before the City Council as required by Section 5.B. and
5.C. of the Harbor Permit Policies, which state:
5.B. "Prior approval of the City Council will be required before the
Marine Department may issue -any permit that does not conform to standard
drawings and the adopted Harbor Permit Policies."
5.C. "Prior approval of the City Council will also be required before
issuing a permit for shore -connected structures when (1) The abutting
upland property is a dedicated public right-of-way except along the
Grand Canal on Balboa IslandP
For the City Council to approve the revision as submitted it would be
necessary to grant exceptions to the following Harbor Permit Policy
sections: Sections 17.A., 23.V.2., and 1.C. Exceptions to the policies
can be approved as outlined in, Section 24 of the Harbor Permit Policies,
which states:
24. "The City Council may approve exceptions to any of the requirements
and regulations set forth if there are special circumstances or conditions
affecting the harbor installations that would impose undue hardship on
the applicant or if it would be detrimental to the best interest of the
Ci ty. Is
As the attached diagram indicates, the applicant proposes removal of the
existing structure, which in the past housed a marine gas dock and related
retail sales facilities, and replace it with a Vessel Brokerage operation
with slips sufficient to berth a maximum of seven vessels for sale. Because
the only vessels berthed at the location would be vessels for sale, the
applicant is requesting that the Council waive the requirements of Section
17.A. of the Harbor Permit Policies which state:
17.A. "All commercially operated boat docking facilities shall provide
0.75 parking stalls for each single boat slip and 0.75 parking stalls
for each 25 feet of available mooring space not classified as a slip."
If the nature of the water side operation changed and it became a commercially
operated boat docking facility, the permittee would have to comply with the
above quoted section of the Harbor Permit Policies and provide parking for
!.ive ehicles.
To achieve the depth required for:the proposed revision it would be necessary
for the applicant to dredge in vi'olation of Section 23.V.2. of the
Harbor Permit Policies, which states:
23.V.2. "South Bay Front between U.S. Bulkhead Sta. No. 256 and
No. 259. Piers may be permitted to extend 10 feet channelward of
the U.S. Pierhead Line. Dredging around floats shall not exceed a
depth of 2 feet at mean lower low water along a line 60 feet channel -
ward of and parallel to the bulkhead line."
This section of the Harbor Permit Policies was enacted to protect the
relatively shallow bulkhead panels that support the City sidewalk, and to
provide sandy, sloping beaches bayward of this bulkhead.
To acheiVe the depth the revision would require, the applicant is proposing
an additional bulkhead bayward of the exi'sting bulkhead, and a groin wall
on the easterly side of the aprbperty approximately 60 feet long.
If' Council were to grant an exception to Section 23.V.2. of the policies
as quoted above, it would be recommended that the -bulkhead and groin wall
plans and specifications be reviewed and approved by the City's Public
Works Department. In addition to the above, we would further recommend
that the applicant commi'ssion a review by an independent marine engineering
firm to determine the effect the proposed groin wall would have on the
beaches easterly of the project.
As the attached drawi'ng further shows, the applicant is requesting that a
building be constructed on the baywardmost portion of the docks. This
building would be used i'n conjunction with the "vessels for sale" use of
the property. To allow a building to be constructed in this location is
in violation of Section 1.C. of the Harbor Permit Policies, which states:
1.C. "Only piers, floats,.certain patio decks and their appurtenances
shall be permitted between the bulkhead and pierhead li*nes."
In the most recent past, the City Council has allowed exceptions to this
section of the policies only in connection with gas dock operations.
The applicant further proposes a zero set back on the westerly portion of
the baywardmost float. Thi's would require vessels using the westerly
inner docki'ng area to cross the adjacent permit zone. For this reason it
is recommended that the westerly section of the baywardmost float be set
back 20 feet from its current proposed locati'on.
-2-
If the City Council does not desire to deny the application, it is
recommended that, for the above reasons, the application be referred to
the Tideland Affairs Committee for review and recommendations.
David Harshbarger
Marine Director
To� t e 1 4Ufi14'
Tidelands Administrator
TM:db
DOCK STRUCTURE FLOATING DOCK SECTION
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ROBERT H. TELLER
SUITE 1025
660 NEWPORT CENTER DRIVE
NEWPORT BEACH, CALIFORNIA 92660
714-640-0840
January 28, 1986
Mr. David Harshbarger
Marine Director
Mr. Tony Melum
Tidelands Administrator
City of Newport Beach
P. 0. Box 1768
Newport Beach, CA 92658
Re: 504 So. Bayfront
Balboa Island
Dear Messrs. Harshbarger and Melum:
We are pleased to submit our proposal for the
of the abovementioned property. You will note
cludes a dock bayward of the abutting property
front.
development bayward
the proposal in -
at 500 So. Bay -
The layout in this proposal is virtually identical to the sketches
shown to the Tidelands Affairs Committee when we met with them on
the site on August 13, 1985. It is also the same layout we have
discussed on several occasions with Mr. Mellum.
The lineal footage of dock proposed is slightly less than what is
existing on the property. The proposed footage is 310 lineal feet.
The proposal submitted, and we believe approved, by John Broughton
in 1980 was for 300 lineal feet.
We have obtained the concurrence of the abutting property owner,
Mr. Don Matics, for utilization of the area bayward of his proper-
ty. The attached letter indicates the conditions under which we
will maintain this concurrence. This agreement retains for Mr.
Matics an amenity which was established by his father with the
previous owners.
-1-
January 28, 1986
Mr. David Harshbarger
Mr. Tony Melum
City of Newport Beach
Page 2
The Balboa Island Improvement Association has reviewed the pre-
liminary plans for the building and the dock. Although their
letter of endorsement, copy attached, is limited to the building,
there was considerable positive conversation about the proposed
dock. There was an especially positive reaction to the small
structure we are proposing on the dock. We are aware the Marine
Department is not in favor of this structure and that it may be
contrary to policy to allow it.
We have shown the proposed development to Mr. & Mrs. Vallely, the
abutting property owner to the south. They have told us they like
and support the project. They expressed a concern about the on-
going erosion of the beach bayward of their property. We have
included in our design some measures we hope will alleviate this
problem.
We have also reviewed the proposal with Mr. Seymor Beek of the
Balboa Island Ferry Co. He assures us he is in favor of the
project and will support it as necessary.
If you have any questions or require additional information, please
don't hesitate tp contact Rod Lundin, Mitch Brown or myself.
Very
_J
BGS/cm
Enclosures
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AGENDA ITEM NO. I-1
CITY OF NEWPORT BEACH
Marine Department
March 24, 1986
TO: MAYOR AND CITY 0OUNCIL
FR3M: Marine Department
SUBJECT:- TIDELAND AFFAIRS C0yMTTEE RECONvIENDATION, HARBOR PERMIT
APPLICATION 256-504 BY BYRON STEIMIEYER AND ROBERT TELLER
RecomTendation:
If desired, approve the application subject to the following conditions:
1. Grant exceptions to the following Harbor PerRiit Policies: Section 17.A.,
23.V.2.1, and l.C. These sections are quoted below in the Discussion.
2. California Coastal Commission approval.
3. Army Corps of Engineers approval.
4. Public Works Department approval of plans and specifications.
5. Building Department approval of water, electricity, and lighting at
piers and floats.
6. Fire Department approval of fire fighting plan for a commercial dock,
7'. That should the piers and floats be operated as a ccnraeroial boat docking
facility, applicant must:
a. Provide upland parking as required by Section 17.A. of Harbor Pennit
Policies, and
b. Establish a 15 foot set back at the bayward most float on the
westerly side.
8. The maKLmm number of vessels to be berthed at the facility shall be
seven.
9. The proposed building on the.float shall:
a. Remain opem on all four sides,
b. The maximum heiqht of the building shall be 16 feet.
Discussion:
This application was referred to the Tideland Affairs Ccmittee by the City
Council at the meting of February 24, 1986. On March 7, 1986 the Tideland
Affairs CoTmiittee mt with one of the applicants, Byron Steigemyer-and-his
representative blitch Brown.
The project was discussed in detail, relative to those sections of the Harbor
Permit Policies which uuuld require the City -Council to grant an exception:
17.A. "All comexcially operated boat docking facilities, shall provide
0.75 parking stalls for each single boat slip and 0.75 parking stalls for
each 25 feet of available rcoring space not classified as a slip."
It is the intent of the applicant to operate the facility as a storage for
brokerage boats for sale only. In the past the Council has waived the parking
requirements for this type of operations with a condition as listed above
in condition 7.
23.V.2. "South Bay Front between U.S. Bulkhead Sta. No. 256 and No. 259.
Piers may be permitted to extend 10 feet channelward of the U.S. Pierhead
Line. Dredging around floats shall not exceed a depth of 2 feet at mean
lcwer low water along a line 60 feet channelward of and parallel to the
bulkhead line."
Traditionally, in this permit area there have been no public beaches and
Public Works Department approval of the plans and specifications will assure
protection for the City bulkhead and adjoining beaches.
l.C. "Only piers, floats, certain patio decks and their appurtenances
shall be permitted between the bulkhead and pierhead lines."
The applicant has indicated the purpose of this building on the docks is to
carry out the upland architectural them from the landside to,the docks -for
an overall blending. The Balboa Island Irprovenent Association voted 9 to 3
in favor of the building on the docks, with 3 abstentions.
The existing pier and floats are in desperate need of repair. The current
applicant is proposing a total demolition of the existing deteriorated
structure and a caTlete rebuilding. It is in the City is best interest to
grant the requested exceptions and to approve the plan as submitted, with
the conditions recomTended above, to get this much need rehabilitation under
way -
DAVID HARSHBARGER, Marine Director
Tony MelyT�-e&ds �Administrator
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i.,; attaclled togctiler with all conditions of
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iAlls Inc,judirly approved tentative tract map';. Oil 'L.'O of th�s
tjl(�se plans roved in concept and said approval has het'-.�n upon
are app
sai.d plans, signed, and dated.
or addi to the
Should Newport Beach adopt an ordinance deleting, amencl4ng, -n J
zoning ordinance or other regulations ill any r -tanner that- would affec't the use
of the property or the design of a project located thereon, thiS �.I')T)rO-Val in
the effective date of this said
—concept shall become null and void as of
ordinance.
in accordance with the California Environmental Quality Act of 1970 .-and s tate
and local guidelines adopted thereunder, this development:
ias been determined to be ministerial or categorically e x e rap t
0 lias received a final Exemption Declaration or final Negative Declaration
(�o py attached).
0 Has received a Final Fnvironmental Impact Report (copy attachud).
pprovals legally required of New -Dort Beach prior to issuanc.
;�l 1 discretionary a y
of a building permit have been given and are final. The developrilent: is riot
a S bst
5ubject to rejection in principal by Newport Beach unless u �antial hange
in it is proposed.
This concept approval in no way excuses the applicant from complyino with all
applicable policies, ordinances, codes, and regulations of Ne%,lport Beach.
D. Harshbarc4er
Marine Director
By:
ure
'S n e
O/V V
P r i n t d narne anu title of
Date:
Atta,chments:
L
2.
3
4.
-1V
CITY OF NEWPOWl" 131"ACI
C A L I F 0 It N I A
City Hall
MARINE DEPARTMENT 3300 NewporL Mvd.
7 0 tjewDo r t 1-1 i (-- r (714) (im -'-)I I (�
APPROVAL IN
j%PPROVAL jrj CONCEPT BY THE CITY OF NEWPORT as required for perinit
application. to the South Coast Regional Coyr�-,jjss�i(,-)jj pursu,111t to California
Administrative Code, Sections 13210 and 13211.
General Description of Proposed Development:
Property Addre ss:
Lepl Description:
City Harbor Permit Number:
Applicant:
Applicant's Mailing Address:.,-��w V!5; W-Z�F�
.Applicant Is Telephone Number:
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to
the shoreline.
2. The grading plan, if any.
3. The general.uses and intensity of use. proposed for each p -art of
the area covered in the application.
zind find
rhey comply with the current adopted N&,rport Beach General I'l n
Zoning ordinance, Subdivision ordinance, and any applic.able�-,pe-cific
or precise plans or
That a varian cc or exception has b(-�en .ipproved ..md is, finl"iL,,
BROWN AND CALDWELL
ANALYTICAL LABORATORIES
LOG NO:
P86-06-200
Received: 3.1 JUN 86
Reported: 02 JUL 86
Rob Dixon
Brown and Caldwell
150 S. Arroyo Parkway
Pasadena, California 91109
Project: 2851-01
REPORT OF ANALYTICAL
RESULTS
LOG NO SAMPLE DESCRIPTION , SOIL SAMPLES
--------- -------------------------------------------
DATE SAMPLED
06-200-1 B#1 (0-8')
-------------------
11 JUN 86
06-200-2 8#2 (0-10')
11 JUN 86.
0,6-200-3 B#3 (0-111)
11 JUN 86
PARAMETER
--------------
06-200-1
06-200-2
06-200-3
Oil 9 Grease by Infrared, mg/kg
(10
<10
<10
Cadmium, mg/kg
<0.5
(0.5
<0.5
Lead, mg/kg
<13
<13
<13
Mercury, mg/kg
�1.0
0.275
<0.21
Zinc, mg/kg
2.1
17
38
Nitric Acid Digestion, Date
---------------- — ----------- ------ --- - — -------
06i25iB6
----------
06i25/86
- — — --- -
06/25iB6
---- -----
7
Edward Wilson, Laboratory.;�Director
373 SOUTH FAIR OAKS AVENUE PASADENACA911.05 (818�7957553 Z3)681-4655
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16
PUBLIC NOTICE - APPUCATION NO. 86 -228 -CH
Evaluation - The decision whether to issue.a permit will be based on an evaluation of the proba impact
including cumulative impacts of the proposed activity on the public interest. That decision wi I reflect
the -national concern for both protection and utilization of important resources. The benefit which
reasonably may be expected to accrue from the proposal st be balanced against its reasonably
foreseeable detriments. All factors which may be relevant tomtuhe proposal will be considered including
the. cumulative effects thereof; among those are conservation, ec nomics, aesthetics, general
environmental concerns, wetlands,, cultural values, fish and wildlife valuoesq flood hazards, flood plain
values, land use, navigation, shoreline erosion, and accretiong 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.
W Determination - A preliminary determination has been made that.an environmental i . mpact statement
is not required for the proposed work.
Public'Hearing - Any person may request, in writing, within the comment period specified in this noti I ce,,
that a. public hearing be held to consider this application. Requests for public hearing shall state with
particularity the reasons for holding a public hearing.
Proposed Activity for Which a Permit is Required construct 60 linear feen of concrete
sheetpile groin -wall; construct a 1900 -square foot dock, construct 11 guide piles, a pier and
gangway; place articulated precast concrete mats for slope protection; dispose of about 1200
cubic.,yards of granular dredged materials at EPA interim dumpsite LA -3.
Additional Project Information -
The applicant, Mr. Robert Teller, proposes to construct a new dock system to replace an
existing dock system that is deterion-ted in conjunction with new landside facilities. The
applicant has worked with the U.S. F'ih and Wildlife Service, the National Marine Fisheries
Service, and California Department of Fish and Game to develop a scope of project to address
the concerns of the resource agencies. Due to severe space restrictions, the proposed project
does not meet all of the recommendations of the agencies. Therefore, the applicant would be
willing to contribute to the City of Newport Beac.h/.Fish and Game Mitigation Fund administered
by the City of Newport Beach to mitigate the impacts of the proposed project in the Lower
Newport Bay, restoring an equal amount of Upper Bay uplands to a marine habitat.
An evaluation of the material to be dredged has been executed by Bro.wnand Caldwell,
Consulting Engineers, Pasadena, California, for the applicant. The document is'titled "Teller
Property, Balboa Island: Proposed Dredging Study. July 1986.11' The document is currentl'y
being evaluated by the Environmental Planning Branch of the Corps of Engineers and the Water
Management Branch of the Environmental Protection Agency.
OCEAN DUMPING
a. Location and physical boundaries. LA -3 is about 5 miles SW of the entrance to Newport
Bay. Depth at center is 14NO ft. -varies from 1380 to 1450 ft. Radius is about one half mile.
b. Federal site designation. LA -3 is a federally approved fnde . finite interim location to
receive discharge mai�iials.
c . Site dese I ription if not Federally approved. N/A
d. Historic uses of site.. The site was designated as a dump sit
e in 1977.
e. Existence and documented effects of previous dumping. LA -3 disposal site is
con . ta minated with the hea0y metals ciawF_U__�, =copper, and lead. The presence of these metals
PUBLIC . NOTICE - APPLICATION No. 86 -228 -CH
are representative by-products of industrial wastes.
f. Estimated length of time of dumpi The dumping is expected to take about three
weeks, depending on available barge size.
g. Characteristics and composition of dredged material.
Three soil borings were hand-augered to ' depths of 8-, 10- and 11 -feet deep, respectively. The
ground surface at boring 1 was at -2 MLLW and was covered by ocean water most of the time,
except for periods of very low tides. Consequently, the first 1 foot of boring was muck (PT
under the Unified Soil Classification system). The remaining soil was poorly -graded sand (SP)
with minor silts. More than 5% of the soil was finer than a #200 sieve. The ground surfaces at
Borings 2 and 3 were 0 and +1 MLLW, respectively, and were exposed except during the high
tides. Soil at Borings 2 and 3 was poorly -graded sand (SP). Laboratory results of oil and grease,
cadmium, lead, mercury, and'zinc are attached.
For Additional Information Please call Cheryl Hill, Regulatory Branch, (213) 894-5606, before
3:00 p.m. any work day.
This Public Notice is issued by the Chief, Regulatory Branch.
- ---------
.ROD LUNDIN and ASSOCIAT"-
9010 Reseda Blvd. Suite 226
THkIDGE, CALIFORNIA 91324
(M) 349-4493
TO Alz rle e
4 4'al
DATE
DATE
NO.
ATTENTION
RE:
e-
WE ARE SENDING YOU ;KAttached 0 Under separate cover via the following items:
• Shop drawings K. Prints El Plans El Samples 0 Specifications
• Copy of letter 0 Change order 0
COPIES
DATE
NO.
DESCRIPTION
THESE ARE TRANSMITTED as checked below:
El For approval
0 For your use
N(As requested
I _
El For review and comment
0 FOR BIDS DUE
REMARKS
COPY
• Approved as submitted
• Approved as noted
• Returned for corrections
F�
• Resubmit -copies for approval
• Submit -copies for distribution
• Return -corrected prints
19 0 PRINTS RETURNED AFTER LOAN TO US
SIGNED: '111�
If enclosures are not as noted, kindly notify us at once.
US"ARMY CORPS PUBLIC NOTICE
of ENGINEERS OF APPLICATION FOR PERMIT
Los Angeles District
Public WAADDlication . No, 86 -228 -CH
Date I JO Coment Deadline SP 1319M
Interested parties are hereby notified that an application has been received for a Department of the
Army p ermit for the activity described below and shown on the attached drawin I g(s).
Applicant(s) Mr. Robert Teller
660 Newport Center Drive, Suite 1025 AGENT: Rod Lundin
Newport Beach,.California 92660 Rod Lundin and Associates
9010 Reseda Blv& Suite 226
Northridge Cali ornia 91324
(818) 349-4493
Location - Newport Harbor, Pacific Ocean at Newport Beach, Orange County, California.
Activity - construct concrete groin wall, dock, plerg and gangway; dispose. of about 1200 cu yds of
materials at LA -3 dumpsite, place concrete mats as slope protection. (For more information see page 2
of this notice.)
Comm,ent and Review Period - Interested parties'are U.S. Army Engineer District
invited to provide their views on the proposed work, ATTN: SPLCO-R-86-228-CH
,which will become a part. of the record and will be con- P. 0. Box 2711
sidered in the decision. Comments should be mailed to: Los Angeles, CA 90053-2325
Water Quality - Certification that the proposed discharge will comply with the applicable effluent
limitations and water quality standards is hereb requested from the location state. A
certification obtained for the construction of any Vacility must also pertain to the, subsequent
operation of the facility.
Coastal Zone Management - The applicant has qertified that his 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 - The latest version of the National Register of Historic Places and other available
archeological and historical information have been reviewed. There are no known cultural
resources within the Area of Potential Environmental Impact of the proposed activity. Additional
cultural resources assessment does not appear to be warranted at this time.
Endangered Species - Preliminary . determinations indicate. that the proposed activity will not affect
endangered species, or their critical habitat, designated as endangered or threatened (Endangered
Species Act), Therefore, formal consultation under Section 7 (c) of the Act is not required.
Authority - This permit will be issued --or denied under the following authorities:.
• 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).
• Transportation of dredged material for purpose of dumping into ocean waters Section 103, Marine
I Protection, Research and Sanctuaries Act of 19.72 (33 U.S.C. 1413).
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dROWN AND, CALDWELL ANALYTICAL LABORATORIES
Rob Dixon
Brown and Caldwell
150 S. Arroyo Parkway
Pasadena, California 91109
LOG NO: P86-06-200
Received: 11 JVN 86
Reported: 02 XJL 86
Project: 2851-01
REPORT OF ANALITICAL RESULTS
LJDG NO SAMPLE DESCRIPTION S OIL SAMPLES DATE SAMPLED
11 JUN 86
Q6-200-2 B#2 (0-10') 11 JUN 86
06-200-3.- B#3 (0-11') 11 JUN 86
06-200-1 06-200-2 06-200-3
PARAMETER
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Mercury, mgtkg 21 17 38
Zinc, mg/kg 06i25i86 06i25/86 06/25iB6
Nitric Acid Digestion, Date
Aze,
Edward Wilson, 4aboratory.�-'-Director
313 S6UTHfAIR OAKS AVENUE PAS�t' -.CA91105 (818)795-7553 (213)681-4655
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July 20, 1989
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
Mr. Lorenzo C. Miller
S.E.A. Constructors
1200 Shellmaker Road
Newport Beach, Ca. 92660
Subject: Emergency Concrete Pour at 504 S. Bayfront
Dear Mr. Miller:
This is your authorization to pour concrete for an offshore wall at 504 South
Bayfront on Balboa Island starting at 5:30 a.m., Saturday, July 22, 1989 during
low tide conditions.
This permission is given under provisions of Section 10.28.040 which grants
exceptions due to necessity from the normal Saturday construction hours from 8:00
a.m. to 6:30 p.m.
Very truly yours,
BUILDING DEPARTMENT
R Raimar W. Sch ler,
a croW. Sch
Director
cc: Police Department
Fire Department
Marine Department
Business License Division
ik
3300 Newport Boulevard, Newport Beach
S.E.A. Constructors
July 19, 1989
1200 Shellmaker Road, Newport Beach, California 92660 (714) 640-0355
City of Newport Beach.
3300 Newport Blvd.
Newport Beach., CA 92658-8915
Attn: kaimar W. Schuller
Building Director
Dear Sir,
Re: Teller Project
504 So. Bayfront
Balboa Island, CA
We are in the ' process of installing an offshore groin wall
at the above referenced address. It is necessary to pour
a concrete coping, the invert elevation of which is .5'MLLW.
The only tides available to pour this coping are July 20,21,
22,1989 at about 5:30 AM. We are unable to get concrete on
the 20th or 21st. All suitable tides during the month of
August are even earlier ( 3:00 AM).
By this letter I am requesting a permit to pour concrete at
the above address starting 0530, Saturday moorning, July 22,
1989. The total volume is only 7 1/2 Cubic Yards.
We will make every effort to keep the noise level to a
minimum.
If you have any questions, please call.
Sincerely,
Lorenzo C. Miller
OWING DEPARTMENi
JUL 19 11989
CiTY OF NEWPORT BEACH
CALIFORNIA
General Engineering Contractors / License No. 251985 / Underwater and Marine Construction / Inspection / Survey / Design
DEPARTMENT OF THE ARMY PERMIT
I
Permittee:
Mr. Robert Teller
660 Newport Center Drive, Suite 1025
Newport Beach, California 92660
Permit Number:
86 -228 -CH
Issuing Office:
Los Angeles District
NOTE: The term "you's and its derivatives, as used in this permit, means the permittee or any
f uture transf eree. The term lith I s of f i cell ref ers to the appropr I ate d 1 str i ct or d I v I s I on of f i ce
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 authorized to perform work in accordance with the terms and conditions specified below.
Project Description: construct 60 linear feet of concrete sheetpile groin wall; construct a
1900 -square foot dock, construct 11 guide piles, a pier and gangway; place articulated precast
concrete mats for slope protection; dispose of about 1200 cubic yards of granular dredged
materials at EPA interim dumpsite LA -3.
Project Location: Newport Harbor, Pacific Ocean at Newport Beach, Orange County, California.
Permit Conditions
General Conditions:
1. The time limit for completing the authorized activity . ends on FEB 1 2 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 g ood 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 historic or archeological remains while accomplishing
the activity authorized by this permit, you must immediately notify this office of what you have
found. We wi I I 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.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
4. 1 f you se I I the property assoc i ated w i th th 1 s perm i t, you must obta i n the s i gnature 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 a I I ow representat i ves f rom th i s of f i ce to i nspect the author i zed act I v I ty 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
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described
above pursuant to:
(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
Section 404 of the Clean Water Act (33 U.S.C. 1344).
(X) Section -103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S,C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local
authorizations required by law.
b. This permit does not grant any property rights or exclusive,privileges.
c. Thi.s 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.
a. Damage claims associated with any future modification, suspension, or revocation of this
permit.
4.' Reliance on Applicant's Data: The determination of this office that issuance of this permit
is not contrary to the public interest was made in reliance on the information you provided.
5, Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at
any time the circumstances warrant. Circumstances that could require a reevaluation include, but
are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been
false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such
as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for
the issuance of an administrative order requiring you to comply with the terms and conditions of
your permit and for the initiation of legal action where appropriate. You will be required to
pay for any corrective measure ordered by this office, and if you fail to comply with such
directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 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 conditionspf this permit.
(PERMITTEE) Ro�ert
This permit becomes effective when the Fed
the Army, has signed below.
&ARLES M. HOLT
Chief, Regulatory Branch
(for the District Engineer)
2.
(DATE
I official, designated to act for the Secretary of
/,? - 6!�,l
(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 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. 86 -228 -CH
a. That the permittee shall notify the Commander (oan) 11th Coast Guard
District, Union Bank Building, 400 Oceangate, Long Beach, CA 90822, (213)
590-2222 at least 2 weeks prior to start of the activity and 30 days if buoys
are to be placed.
b. That the permittee shall control floating debris, from dredging
activities, so that none enters the navigable pqrtions of the harbor.
c * That the permittee shall notify the U. S. Coast Guard, Captain of the
Port, (Los Angeles/Long Beach) 24 hours prior to dumping of dredged material
at the disposal site, at (213) 590-2340. (Note: All ocean dumping permits
will be sent to the Captain of the Port).
d. That the permittee shall submit, at the completion of ocean disposal,
the attached disposal report to the Regulatory Branch, Los Angeles District,
Corps of Engineers.
e. No vessel moored to the authorized pier shall extend more than 18 feet
beyond the end of the pier.
f. That the applicant shall compensate for the loss of 2700 square feet
of intertidal and subt idal habitat by restoration of an equivalent area of new
habitat in the Upper Newport Bay Ecological Reserve. The restoration area
shall be determined through consultation and agreement with California
Department of Fish and Game. Habitat restoration shall be completed prior to
commencement of the authorized project. Completion shall be demonstrated to
the Corps of Engineers, Regulatory Branch.
-2 -2
1. PARTIES:
This Lease is made and entered into
by and between -
;N,
LEASE
F'OO,
(General Form)
of
(hereinafter referred to as '' Landlord "') and
Q14-1 z
-e — (hereinafter referred to as "Tenant").
2. PREkISES:
Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, on the terms and conditions hereinafter
set fort , that certain real property and the building andlther Jmprovements located thereon situated in the City of
YZrt,,,, -;2L - Z�,) , commonly known as
State of
�JZ_,�We insert addre, �) -
and de�cribed as -) " -t� ZZZ4 z&
hgre'�inseri le at des ription)
Mr
(said real property is hereinafter called the ''Premises'').
3. TERM:
The term of this Lease shall be for commencing o z
and ending on
4. RENT:
Tena"all pay to Landlord as rent for the Premises, the sum of &&2 J
per month, in advance on the first day of each month during the t hereof.
Rent shall be payole without notice or demand and without any deduction, off -set, or abatement in lawful money of the
United States to the Landlord at the address stated herein for notices or to such other persons or such other places as the
Landlord may designate to Tenant in writing.
5. TAXES:
(a) Real Property Taxes.
Landlord shall pay all real property taxes and general assessments levied and assessed against the Premises during
the term of this Lease.
(b) Personal Property taxes.
Tenant shall pay prior to the delinquency all taxes assessed against and levied upon the trade fixtures, furnishings,
equipment and other personal property of Tenant contained in the Premises.
6. UTILITIES:
Tenant shall make all arrangements and pay for all water, gas, heat, light, power, telephone and other utility
services supplied to the Premises together with any taxes thereon and for all connection charges.
7. ALTERATIONS AND ADDITIONS:
Tenant shall not, without the Landlord's prior written consent, make any alterations, improvements or additions in
or about the Premises.
8. HOLD HARMLESS:
Tenant shall indemnify and hold Landlord harmless from and against any and all claims arising from Tenant's use or
occupancy of the Premises or from the conduct of its business or from any activity, work, or things which may be permitted
or suffered by Tenant in or about the Premises including all damages, costs, attorney's fees, expenses and liabilities
incurred in the defense of any claim or action or proceeding arising therefrom. Except for Landlord's willful or grossly
negligent conduct, Tenant hereby assumes all risk of damage to property or injury to person in or about the Premises.
9. ASSIGNMENT AND SUBLETTING:
Tenant shall not voluntarily or by operation of law assign, transfer, sublet, mortgage, or otherwise transfer or
encumber all or any part of Tenant's interest in this Lease or in the Premises without Landlord's prior written consent which
consent shall not be unreasonably withheld.
10. .-DEFAULT:
It is agreed between the parties hereto that if any rent shall be due hereander and unpaid, or if Tenant shall -default------ .
and'breach any other covenant or provision of the Lease, then the Landlord, after giving the proper notice required by law,
may re-enter the Premises and remove any property and any and all persons therefrom in the manner allowed by law. The
Landlord may, at his option, either maintain this Lease in full force and effect and recover the rent and other charges as they
become due or, in the alternative, terminate this Lease. In addition, the Landlord may recover all rentals and any other
damages and pursue any other rights and remedies which the Landlord may have against the Tenant by reason of such
default as provided by law.
11. SURRENDER:
On the last day of the term of this Lease, Tenant shall surrender the Premises to Landlord in good condition, broom
clean, ordinary wear and tear and damage by fire and the elements excepted.
12. HOLDING OVER:
If Tenant, with the Landlord's consent, remains in possession of the Premises after expiration or termination of the
term of this Lease, such possession by Tenant shall be deemed to be a tenancy from month-to-month at a rental in the
amount of the last monthly rental plus all other charges payable hereunder, and upon all the provisions of this Lease
applicable to such a month-to-month tenancy.
WOLCOTTS FORM 982—LEASE—GENERAL—Rev. 9-84a (9)WOLCOTTS, INC. 1984
(price class 3) This standard form is intended for the typical situations encountered in the field indicated. However, before you sign, read it. fill in all blanks, and make
whatever changes are app,-ipriate and necessary to your particular transaction. Consult a lawyer if you doubt the form's fitness for your purpose and use.
13. BINDING ON SUCCESSORS AND ASSIGNS:
Each provision of this Lease performable by Tenant shall be deemed both a covenant and a condition. The terms,
conditions and covenants of this Lease shall be binding upon and shall inure to the benefit of each of the parties hereto, their
heirs, personal reDresentatives, successors and assigns.
14, NOTICES:
Whenever under this Lease a provision is made for any demand, notice or declaration of any kind, it shall be in
writing and served either personally or sent by registered or certified United States mail, postage prepaid, addressed at the
addresses as set forth below:
TO LANDLORD AT:
TO TENANT AT:
Such notice shall be deemed to be received within forty-eight (48) hours from the time of mailing, if mailed as
�provided for in this paragraph.
15. WAIVERS:
No waiver by Landlord of any.provision hereof shall be deemed a waiver of any other provision hereof or of any
subsequent breach by Tenant of the same or any other provisions.
16. TIME:
Time is of the essence of this Lease.
The parties hereto have executed this Lease on the date first above written.
LANDLOR�t TNANT:
-1 -
By: ft, �'T) /Yiz�r
By: By
KAREN STALLCUP
1204 Park Avenue
Newport Beach, CA 92662
714-673-2217
April 15, 1991
Attn: Tony Mellum
City of Newport Beach Marine Department
Dear Mr. Mellum:
Enclosed please find a random petition circulated to Island residents. These
residents indicate no opposition and indicate if they use this service they
would walk to boarding dock.
Pacific Adventure Yacht Charters wishes to operate from the dock at 504 South
Bayfront, Balboa Island.
At this time there is not enough available parking to satisfy the amount of
passengers that the Pacific Adventure is certified to carry. We have obtained
parking for 10 cars which would allow us to carry 30 passengers. The parking
lot is located at 108 Agate which is directly in back of the parking structure
at the commercial dock. Based on a parking facility for 10 cars, we wish to
restrict to our permit to carry 30 passengers.
We wish to operate this parking facility as a tandem parking lot. Also,
please be advised that each cruise has a specific time schedule and all
passengers would be arriving and leaving at the same time.
Sincerely you
'i P/
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DEPARTMENT OF THE ARMY
LOSANGELES DISTRICT, CORPS OF'ENGINEERS
P.O BOX 532711:
LOS ANGELES, CALIFORNIA 90053-2325
August 24, 200Q
REPLY TO
Office of the Chief
Regulatory Branch
City of Newport Beach
Attention: Wes Armand
P.O. Box 1768
Newport Beach, California 92658-8915
Dear Mr. Armand:
Due to the recent issuance of Regional General Permit (RGP) 54 and a telephone
discussion between Mr. Tony Melum and myself on August 22, 2000, our office requests an
update on the status of the following maintenance dredging permit applications:
1) July 16, 1999 - Robert Teller - 504 South Bayfront
2) September 28,1999 --Linda Isle Community Association -Linda Isle Lagoon Areas 1-10
(submitted separately per area)
3) October 1, 1999 - Ben Bennett - 153 Harbor Islancl Drive
If the above applications are still valid requests, please indicate in writing that you would
like to re -submit the requests under RGP 54 and include any additional information required
-under RGP 54 that may not have been enclosed in your previous permit applications. The
applications that are no longer valid will be withdrawn.
If you have any questions, please contact me at 213-452-3418. Thank you and have a nice
dav-
Sincerely,
Susan Sturges
Project Manager
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ROBERT H. BURNHAM, City Attorney, #44926
ROBIN FLORY, Assistant City Attorney, #123326
CITY OF NEWPORT BEACH
P. 0. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Attorneys for City of Newport Beach
In Re the Matter of:
Harbor Activity Permit Application
No. 3178, Karen Stallcup,
Appellant,
S70
HEARING BRIEF
DATE: JULY 3, 1991
TIME: 8:30 A.M.
David Harshbarger, Marine Director for the City of Newport
Beach, submits the following in support of his decision denying the
Commercial Harbor Permit Application filed by Karen Stallcup.
I. BACKGROUND
A. SITE HISTORY
This appeal involves piers and floats bayward of the property
at 504 South Bayfront on Balboa Island. On January 23, 1986, the
Planning Commission of the City of Newport Beach approved a Use
Permit No. 3178 authorizing retail, office and residential uses of
the site and a re -subdivision eliminating an interior lot line.
(See City Exhibit "All) . During the public hearing on the project,
the applicant concurred with a condition recommended by the
Planning Director that:
"The use of the boat slips will be restricted only for
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the upland users and that the boat slips cannot be rented
or leased."
On March 24, 1986, City Council approved an application by the
property owner for a permit to reconstruct the docks bayward of 504
South Bayfront. (See City Exhibit "B") . The proposed
reconstruction was to provide storage for boats to be sold by the
yacht brokerage on the property. The permit was issued subject to
certain conditions including a requirement that parking be provided
in accordance with provisions of the Harbor Permit Policies, and a
fifteen foot setback on the westerly side of the most bayward
float. (See Page 2 of Exhibit "B").
B. APPLICATION HISTORY.
On April 8, 1991, Karen Stallcup, doing business as Pacific
Adventure Yacht Charters, submitted an application for a commercial
harbor permit. (See City Exhibit 11C11) . The application seeks
approval to engage in a charter and tour boat operations from the
docks bayward of 504 South Bayfront. Appellant proposed to operate
every day of the year except Christmas and Thanksgiving. The
vessel would accommodate thirty passengers and crew members.
Appellant would conduct harbor cruises from 11:00 a.m. to 6:00 p.m.
while the hours of evening and nighttime charters would "vary."
Appellant proposed a buffet and bar on the vessel that would
sell food and liquor. Trash was to be disposed of in containers
located on the dock, while the vessel used a pump -out station at a
dock bayward of the Fun Zone, which is located across the channel.
Initially, parking for passengers, employees and the crew was to be
provided at 108 Agate Street. However, parking was unavailable at
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that location, and, on April 25, 1991, an associate of Appellant
submitted a letter advising the Marine Department of the
possibility that parking might be provided at the corner of Park
and Agate on Balboa Island.
On May 7, 1991, the Marine Director gave Appellant written
notice of his decision denying the application and the findings
supporting that decision (see City Exhibit I'D"). Appellant filed
a timely written appeal (See City Exhibit "Ell), and on May 28,
1991, the City Council referred the matter for a hearing and report
pursuant to the Newport Beach Municipal Code.
C. RODHEIM APPLICATION.
The appeal focuses on one aspect of the denial --the issuance
of a permit authorizing an electric boat rental business at 504
South Bayfront. This permit was issued to the Rodheim Marketing
Group pursuant to an application submitted on January 3, 1991.
(See City Exhibit 'IF").
The permit issued to Rodheim Marketing Group was subject to
thirteen conditions including a requirement that the permittee
submit a parking plan demonstrating the exclusive right to park
twenty vehicles at a remote lot on Park Avenue and Agate Street.
e permittee was required to develop a method of insuring the
Ispaces would remain available exclusively to its patrons, that the
Rot was appropriately signed, and that parking would be available
t no charge to prospective customers. Rodheim Marketing Group
ailed to comply with this condition and the- permittee has been
otified of the Marine Director's intent to revoke his permit.
(See City Exhibit "Gll).
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D. COMMERCIAL HARBOR REGULATIONS.
The City Council of Newport Beach has enacted two ordinances
to regulate commercial activities in Newport Harbor. Reqular
charter activities conducted from a fixed location are governed by
Chapter 17.41 of the Newport Beach Municipal Code --the "Ordinance"
(See City Exhibit 11H11). The Ordinance was adopted by the Council
in response to a "significant increase in the nature and intensity
of commercial activities such as harbor cruises, dinner cruises and
I water taxi services occurring on and over the waters of Newport
jBeach.11 (Section 17.41.005)
The Council determined that this type of commercial activity
"created an additional demand for available parking," "created
traffic congestion," on occasion "created an unreasonable level of
noise," and has "the potential to increase the amount of pollution
and litter in the harbor."
In line with the purpose and intent of the Ordinance, the
marine Director is required to deny the application if the activity
is likely to create noise, pollution and litter, marine traffic
congestion or does not provide facilities to insure adequate
parking, safe vehicular ingress and egress, and the safe loading
and unloading of passengers and supplies (Section 17.41.050);
II. DISCUSSION.
A. Introduction. The Marine Director denied Appellant's
rmit for three reasons --inadequate parking, absence of a pump -out
11station on site, and marine congestion. Revocation of the Rodheim
ermit eliminates that as a consideration, but, safety is still a
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Ifactor. Subsequent to the appeal, City has determined that Use
JPermit No. 3178 prohibits the rental or lease of slips bayward of
1504 South Bayfront.
B. Parking. The Marine Director is required to deny
commercial harbor activities permit applications if the proponent
"does not provide facilities to insure adequate parking... 11.
(Section 17.41.050 N.B.M.C.)
Appellant provided the Marine Department with no concrete
information regarding the location and number of parking spaces
exclusively available for her customers. The owner of the property
on which Appellant proposes to provide parking has provided a copy
of a letter indicating no such agreement exists and confirming his
rejection of such proposals. (See Exhibit "I") Moreover, the
proposed parking lot at Park and Agate is approximately 3/10ths of
a mile away from the dock to be used, is difficult to access
because of cars backing up while waiting to board the Ferry and no
provision has been made to insure exclusive use by charter
customers.
C. Pump -out Station. Appellant proposes to use the pump -out
station near the Fun Zone across the Channel. However, this is a
public facility and there is no guarantee of its availability when
Appellant needs to use it. Moreover, the boat to be used by
Appellant cannot access the pump -out station if a vessel is moored
on the west side of the dock closest to the Balboa Island Ferry.
Finally, Section 17.30.020 of the Newport Beach Municipal Code
uires a pump -out facility to be installed on any dock used for
rter activities. (See City Exhibit "ill).
D. Marine Congestion. While Rodheim's permit may be
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revoked, the Harbor Master and Marine Director still have concerns
about the proximity of the proposed charter activities to the
Balboa Island Ferry. The charter boat would be moored at a dock
that is only a few feet from the route taken by the Ferry as will
be shown by an exhibit introduced at the hearing. While there is
a commercial dock on the other side of the Ferry, that facility has
been in existence for more than forty years and would not be
authorized under current rules.
E. Rodheim Permit. Appellant fails to understand the
significant differences between her application and the permit
issued to Rodheim Marketing Group. These differences can be
summarized as follows:
(i) The small electric boats rented by Rodheim
would enter the Channel from the east side of the pier --the side
furthest from the Ferry;
(ii) Those renting boats would not be expected to
arrive at the same time --unlike charter customers;
(iii) Rodheim did not propose to sell food or liquor
in conjunction with their operations, thus little or no trash could
be expected from rental activities;
(iv) The electric boats would be rented only during
daylight hours, while Appellant proposes evening charters;
(v) The electric boats did not have holding tanks
and thus no pump -out station was required.
�(vi) A greater proportion of rental boat customers
would be in the area for other reasons.
6. Use Permit --Harbor Permit Restrictions. During
preparation for this hearing, City staff determined that the rental
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or lease of docks bayward of 504 South Bayfront would violate the
terms and conditions of Use Permit No. 3178. Also, the harbor
permit authorizing construction of the docks limits their use to
storage of boats for sale by upland users. These are separate and
additional grounds for denial of the permit that were not known to,
or considered by, the Marine Director when the original denial was
made.
Dated: June 19, 1991 CITY OFAEWPORT BEACH
By
7
Robert H. Burnham,
City Attorney
CO/\A/\AISSIO�NIERS
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ROLL CALL
MINUTES
January 23, 1986
rt Beach
7. The grading permit shall include, if required, a
description of haul routes, access points to the
site and a watering and sweeping program designed
to minimize impact of haul operations.
8. An erosion and dust control plan, if required,
shall be submitted and be subject to the approval
of the Building Department.
9. That an erosion and siltation control plan, if
required, be approved by the California Regional
Water Qual-*.ty Control Board - Santa Ana Region,
and the plan be submitted to said Board ten days
prior to any construction activities.
10. Chimney Heights shall conform with Section
20.02.060 of the Municipal Code.
11. That the on-site driveway shall maintain a minimum
clear width of 18 feet.
12. That the proposed 27 foot wide driveway approach
shall be approved by the City Council.
13. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.08.090 A of the Newport
Beach Municipal Code.
. A. Use Permit No. 3178 (Continued Public Hearing).
Request to permit the construction of a combined
residential -commercial structure on property located in
the C-1 District, which exceeds the 26 foot basic
height limit in the 26/35 Foot Height Limitation
District. The proposal also includes a modification to
the Zoning Code so as to allow tandem and compact
parking spaces for a portion of the required off-street
parking; a nine foot, nine inch high wall along the
easterly side property line that encroaches nine feet
into the required ten foot rear yard setback; and to
allow a portion of the required parking spaces and a
portion of the second floor of the proposed building to
encroach into the required 10 foot rear yard setback
adjacent,to an alley.
ff�vb
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EXHIBTT A
INDEX
JItem No.4
UP3178
R82 1
Approve
C()/\/\MISS10NERS January 23P 1986 MINUTES
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ROLL� INDEX
Motion
All Ayes
B. Resubdivision No. 821 (Continued Public Hearing)
Request to resubdivide two existing lots and eliminate
an interior lot line so as to create a single building
site on property located in the C-1 District.
LOCATION: Lots 3 and 4, Section one, Block 9,
Balboa Island, located at 504 South Bay
Front, on the northerly side of South
Bay Front between Agate Avenue and Opal
Avenue, on Balboa Island.
ZONE: C-1
APPLICANT: Mitchell K. Brown, Urban Assist, Inc.,
Costa Mesa
OWNERS: Robert and Rita Teller, Newport Beach
The public hearing was opened in connection with this
item, and Mr. Mitchell K. Brown, Urban Assist, Inc.,
3151 Airway, Costa Mesa, appeared before the Planning
Commission on behalf of the applicant. Mr. Brown
presented background information of the property site.
Mr. Brown explained that the proposed concept is for
retail uses consisting of two shops on the first level,
the second level will partially consist of office
space, and the remaining half of the second level and
third level will consist of a townhouse. Mr. Brown
commented that the applicant intends to replace the
existing dock structure. He stated that the 9 foot 9
inch wall along the easterly side property line
referred to in the staff report has been removed. Mr.
Brown stated that the applicant concurs with the
findings and conditions in Exhibit "A".
James Hewicker, Planning Director, stated that no
parking will be available for the boat slips;
therefore, the applicants should be aware that the use
of the boat slips will be restricted only for the
upland users and that the boat slips cannot be rented
or leased. Mr. Brown concurred with the condition.
The public hearing was closed at this time.
Motion was made to approve Use Permit No. 3178 and
Resubdivision No. 821, subject to the findings and
conditions of approval in Exhibit "A". Motion was
voted on, MOTION CARRIED.
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COAANNISSIONERS
T
January 23, 1986
City of Newport Beach
MINUTES
Use Permit No. 3178
FINDINGS:
1. The project is consistent with the adopted goals
and policies of the General Plan and the adopted
Local Coastal Program, Land Use Plan.
2. The increased building height will result in more
public visual open space and views than is
required b- the basic height limit inasmuch as
there is a greater amount of open space on the
site adjacent to the public walkway than is
required.
3. The increased building height will result in a
more desirable architectural treatment of the
building and a stronger and more appealing visual
character of the area than is required by the
basic height limit.
4. The increased building height will not result in
undesirable or abrupt scale relationships being
created between the structure and existing devel-
opments or public spaces.
5. The structure will have no more floor area than
could have been achieved without the use permit
for the building height.
6. The project will not have any significant environ-
mental impact.
7. With the exception of the minor building and
parking space encroachments into the required 10
foot rear yard setback and the parapet wall that
exceeds the basic height limit, the proposed
development meets or exceeds all of the
development standards of the C-R District.
S. Adequate off-street parking and related vehicular
circulation are being provided in conjunction with
the proposed development.
9. That the approval of a modification to the zoning
Code, so as to allow the use of compact and tandem
parking spaces as well as to allow portions of the
second floor of the proposed building and a
portion of the on-site parking spaces to encroach
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INDEX
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January 23, 1986
City of Newport Beach
MINUTES
Use Permit No. 3178
FINDINGS:
1. The project is consistent with the adopted goals
and policies of the General Plan and the adopted
Local Coastal Program, Land Use Plan.
2. The increased building height will result in more
public visual open space and views than is
required b- the basic height limit inasmuch as
there is a greater amount of open space on the
site adjacent to the public walkway than is
required.
3. The increased building height will result in a
more desirable architectural treatment of the
building and a stronger and more appealing visual
character of the area than is required by the
basic height limit.
4. The increased building height will not result in
undesirable or abrupt scale relationships being
created between the structure and existing devel-
opments or public spaces.
5. The structure will have no more floor area than
could have been achieved without the use permit
for the building height.
6. The project will not have any significant environ-
mental impact.
7. With the exception of the minor building and
parking space encroachments into the required 10
foot rear yard setback and the parapet wall that
exceeds the basic height limit, the proposed
development meets or exceeds all of the
development standards of the C-R District.
S. Adequate off-street parking and related vehicular
circulation are being provided in conjunction with
the proposed development.
9. That the approval of a modification to the zoning
Code, so as to allow the use of compact and tandem
parking spaces as well as to allow portions of the
second floor of the proposed building and a
portion of the on-site parking spaces to encroach
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INDEX
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January 23, 1986 MINUTES
of Newport Beach
--mom
INDEX
ROLL CALL
6.
That a maximum of 6 tandem and 3 compact parkin
spaces shall be permitted on-site.
7.
That the applicant shall obtain a Harbor Permi
If
for all development or reconstruction baywa: I
the site.
8.
That all conditions of approval of Resubdivision
No. 821 shall be fulfilled.
9.
That as long as the property is developed with a
structure which exceeds the basic height limit,the
applicant shall record a covenant, of which the
form and content is acceptable to the City
Attorney, binding the applicant and its successors
in interest inperpetuity,to not exceed a
limitation of 1.34 times the buildable area on the
subject property. This is in consideration of
approval of the use permit to exceed the height
limit.
10.
That all signs shall be in conformance with the
provisions of Chapter 20.06 of the Municipal Code.
11.
The following disclosure statement of the City of
Newport Beach's policy regarding the John Wayne
Airport shall be included in all leases or
subleases for space in the project and shall be
included in any Covenants Conditions, and
Restrictions which may be recorded against any
undeveloped site.
DISCLOSURE STATEMENT
The
lessee, his heirs, successors and assigns, herein,.
acknowledge that:
a.) The John Wayne Airport will not be able to
provide adequate air service for business
establishments which rely on such service;
b.) The City of Newport Beach will continue to
oppose additional commercial area service
expansions at the John Wayne Airport;
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CO/\A/,v\ISSIONERS1 January 23, 1986 MINUTES
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c.) Lessee, his heirs, successors and assigns,
will not actively oppose any action taken by the
City of Newport Beach to limit jet air service at
the John Wayne Airport.
12. That prior to the occupancy of the residential
unit, a qualified professional engineer practicing
in acoustics, retained by the City at the
applicant's expense shall demonstrate to the
satisfaction of the Planning Director that the
noise impact from adjoining streets and the alley
on the project does not exceed 65 db CNEL for
outside living areas and the requirements of law
for interior spaces.
13. That any roof top or other mechanical equipment
shall be sound attenuated in such a manner as to
achieve a maximum sound level of 55 Dba at the
property lines.
14. That any mechanical equipment or trash containers
shall be screened from view from South Bay Front,
adjoining properties, and the alley.
15. That only one dwelling unit shall be permitted
on-site.
16. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090 A of the Newport
Beach Municipal Code.
Resubdivision No. 821
FINDINGS:
1. That the map meets the requirements of Title 19 of
the Newport Beach Municipal Code, all ordinances
of the City, all applicable general or specific
plans and the Planning Commission is satisfied
with the plan of subdivision.
2. That the proposed resubdivision presents no
problems from a planning standpoint.
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COMMISSIONERS January 23, 198�_ MINUTES
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ROLL CALLM -I I I M NUMMMUMMEM
3. That the design of the subdivision or the proposed
improvements will not conflict with any easements
acquired by the public at large for access through
or use of property within the proposed subdivi-
sion.
On7,MTTTnM.q -
1. That a parcel map shall be recorded.
2. That arrangements be made with the 'Public Works
Department in order to guarantee satisfactory
completion of the public improvements, if it is
desired to record a parcel map or obtain a build-
ing permit prior to completion of the public
improvements.
3. That the commercial and residential portions of
the building be served with an individual water
service and sewer lateral connection to the public
water and sewer systems unless otherwise approved
by the Public works Department.
4. That the on-site parking, vehicular circulation
and pedestrian circulation systems be subject to
further review by the Traffic Engineer.
5. That the deteriorated portions of sidewalk be
reconstructed along the South Bay Front frontage
under an encroachment permit issued by the Public
Works Department.
6. That County Sanitation District fees be paid prio . r
to issuance of any building permits..
7. That the proposed structural encroachments shall
be permitted within the 10 foot rear yard setback
provided they maintain a minimum 8 foot vertical
clearance above the alley.
8. That this resubdivision shall expire if the map
has not been recorded within 3 years of the date
of approval,unless an extension is granted by the
Planning Commission.
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March 24, 1986
TO:
SUBJECT:
Recommendation:
CITY OF NEWPORT BEACH
Marine Department
mAyOR AND CITY COUNCIL
Marine Department
AGENDA ITEM NO. I-1
TIDELAN� AFFAIRS M,2,a= RECMENDATION, HARBOR PERMIT
APPLICATION 256-504 BY BYRON STEIGEMEYER AND ROBERT TELLER
If desired, approve the application subject to the following conditions:
1. Grant exceptions to the following Harbor Permit Policies: Section 17.A.,
23.V.2., and l.C. These sections are quoted below in the Discussion.
2. California Coastal Carmission approval.
3. Army Corps of Engineers approval.
4. Public Works Department approval of plans and specifications.
5. Building Department approval of water, electricity, and lighting at
piers and floats.
6. Fire Department approval of fire fighting plan for a corm-tercial dock,
7'. That should the piers and floats be operated as a com-neroial boat docking
facility, applicant nust:
a. Provide upland parking as required by Section 17.A. of Harbor Permit
Policies, and
b. Establish a 15 foot set back at the bayward most float on the
westerly side.
8. The noxinum. nuntex of vessels to be berthed at the facility shall be
seven.
9. The proposed building on the float shall:
a. Remain opem on all four sides,
b. The maximum heiqht of the building shall be 16 feet.
E N.'11 I B I T
Discussion:
This application was referred to the Tideland Af fairs ccromittee by the City
Council- at the Rjeeting of February 24, 1986. on march 7, 1986 the Tideland
Affairs Con-mittee ret with one of the applicants, Byron Steigemyer.-and—bis
representative Mitch Brown.
The project'was discussed in detail, relative to those sections of the Harbor
Permit Policies which would require the City - Council to grant an exception:
17.A. "All ccnrrercially operated boat docking facilities. shall provide
0.75 parking stalls for each single boat sli and 0.75 parking stalls for
ip
each 25 feet of available nooring space not classif iea as a slip."
It is the intent of the applicant to operate the facility as a storage for ,
brokerage boats for sale only. In the past the Council has waived the parking
requiren-ents for this type of operations with a condition as listed above
in condition 7.
23.V.2. "South Bay Front between U.S. Bulkhead Sta. No. 256 and No. 259.
Piers may be permitted to extend 10 feet channelward of the U.S. Pierhead
Line. Dredging around floats shall not exceed a depth of 2 feet at mean
lower low water along a line 60 feet channelward of and parallel to the
bulkhead line."
Traditionally, in this permit area there have been no public beaches and
Public Works Department approval of the plans and specifications will assure
protection for the City bulkhead and adjoining beaches.
l.C. "Only piers, floats, certain patio decks and their appurtenances
shall be permitted between the bulkhead and pierhead lines."
The applicant has indicated the purpose of this building on the docks is to
carry out the upland architectural them from the landside to the docks for
an overall blending. The Balboa Island ITTrovenent Association voted 9 to 3
in favor of the building on the docks, with 3 abstentions.
The existing pier and floats are in desperate need of repair. The current
applicant is proposing a total demolition of the existing deteriorated
structure and a conplete rebuilding. It is in the City's best interest to
grant the requested exceptions and to approve the plan as submitted, with
the conditions reconvended above, to get this much need rehabilitation under
way -
DAVID HARSHBARGER, Marine Director
g -
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Tony MelyT;'e ds Administrator
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MARINE DEPARTMENT Telephone 644-3044
COMMERCIAL HARBOR PERMIT APPLICAT—ION
Filing Fee $400-00
Business Name:
Business Mailing Address
City and Zip
Address of Business---,
Business Telephon
If business is a corporation or operated under a fictitious name . or
partnership, please indicate ALL principals:
Give name, address and telephone for each:
2.
3.
Give name, address and telephone number of the person, or persons,
who will have general management responsibility f or applicant
business:
Please give a complete description of the proposed method of
operation of vessel, watercraft and/or other facilities, including,
but not limited to:
1. Location where vessel will be permanently berthed
4- A
2. Location wherg passengers will be loaded andunloaded _
3. Maximum number of passengers carried (include crew),�_ I !-i�i SCO,
4. Location where required parking for passenge employeesland
crew will be provided.- I All
5. Days business will operate:
6. Hours of operatio I
EXHIBIT.
7. Routes of Travel:.
8. Types of acl�,ivities permitted on board:
/ ) 7'� '4- 'EZ ;� ' AL' ?L le , - - �-P/ - -
9. Types of merchandise to be sold
10. Is Coast Guard certification required?\/��-'- If not, why not?
7-
11. Type and amount of liability insurance carried for this
operation:
Carrier:
12. other pertinent information:
13. Describe the manner in which you intend to dispose of trash,
I - 1)
sewaae and litter resulting from this operation:,"' — . I . I
14-
14. Describe the type of
proposes, if any: X/
14'
.it.which,the applicant
PLEASE SUBMIT A DETAILED DRAWING OF THE BOAT, WATERCRAFT. AND/OR
OTHER FACILITIES WHICH APPLICANT PROPOSES TO USE, TOGETHER WITH
SUCH SPECIFICATIONS AND OTHER TECHNICAL DATA AS MAY BE NEEDED FO
PROPER EVALUATION OF THIS APPLICATION.
I declare under penalty of perjury that the_!gr-egoing is true and
correct:
Date_��-',�/Y� Signature:
Telephone
R; e� e address
TO BE FORWARDED TO FOLLOWING FOR INVESTIGATION & RECOMMENDATION:
Chief of Police
Orange County Harbor District
Other
Approved/Denied by Marine Department (and Date)
PO
r
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH. CA 92659-1
may 7, 1991 1A. ) . t3
Pacific Adventure Charters
2104 Park Avenue
Balboa Island, CA 92662
c/o Karen Stallcup, sion, commercial
Re: Notice of Deci
Pacific Adventure Charters
Harbor Permit Application for
Dear MS. StallcUP: nied your application for a commercial
The Marine Director has de ur operations from 504 South Bay
Harbor Permit to conduct harbor to suant to Chapter 17.41
Front, Balboa island, Newport Beach, CA, pur
of the Newport Beach Municipal Code, Section 17.41-050. The
decision to deny your application is based on the findings attached
as Exhibit A hereto. sDect of the Marine Department
you have the right to appeal any a ,
decision to the City Council. The appeal must be in writing and
h the city Clerk no later than fifteen days after the date
filed wit you are required to specify the, facts and
of this letter. e basis of your appeal.
nircumstances that form th
Please contact Tony Melum at 644-3044
regarding this Notice of Decision, or
Sincerely yours,
David Harshbarger
Marine Director
17
EXHIBIT
if you have any questions
any related matter.
N
3300 Newport Boulevard, Newport Beach
EXHIBIT "A"
Findings in support of denial of commercial Harbor Activities
Permit for Pacific Adventure Charters!
I have reviewed and considered the written material submitted in
conjunction with the application for. a commercial Harbor Permit
authorizing vessel tour Operations from 504 South Bay Front, Balboa
island.
After considering the application and the evidence submitted by the
applicant the Marine Department finds as follows:
1. All-1parking for the operation is provided at a remote site at
the corner of Park* ;��enue and Agate on Balboa island. The
'lable at the site. The
applicant indicates that 20 spaces are avai ile from the boarding
site is approximately three tenths of a m a walk-on, per head
location. The proposed business is for
passenger tour business. The Marine Department feels that because
of the nature of such a charter operation, it is very unlikely that
+-'he parking facility would be used by the customers of the
operation.
2. There is no PUMPOut facility at the commercial location, as
required by Section 17.30 of the Newport Beach municipal Code. The
applicant has indicated that they' have under lease a pumPOut
he harbor at the FunZone Marina. This proposed
station across t 5 is a public pumPOut station
location is remote from the site, would prohibit a vessel
adjacent to transient slips that, if used,
of the size proposed by the charter to access the pumpOut facility
itself. The Marine Department therefore feels that the remote
pumpout site does not satisfy the requirements of Section 17.30 of
the Municipal Code.
3. The Marine Department has recently approved a commercial Harbor
Activities Permit at this particular site for the operation of an
electric boat rental business. At the time of this approval, the
Orange County Sheriff's Harbor Patrol indicated concern as to the
intensity of use at this location due to the large amount of
traffic generated by the adjacent Balboa island Ferry, and would
recommend against further commercial activities of this type.
Based on the above, the Marine Department feels that the proposed
commercial activity is apt to create marine traffic congestion,
interfere with the rights of others to use the waters of Newport
Harbor, and might contribute to the problems of pollution on or in
rn-r these reasons the Marine
the waters of Newport Deach. pplication.
Department denies the subject a
David Harshbarger, Marine Directorr City of Newport Beach
DENIAL APPEAL
_FORCOMMERCIAL HARBOR ACTIVITY PERMIT
Dock Location
The Marine Department has issued a commercial harbor activities permit at this
location for an electric boat business. The permit allows 10 vessels to be
berthed at permittee's slip. The following facts should be taken strongly
into consideration:
1. Permittee\,has no properly executed lease with landlord.
2. Permittee has no vessels as of May 17, 1991 berthed at the dock site.
3. Tidelands Commission has ruled that 7 vessels are the maximum number of
vessels allowed at the dock site.
4. The Orange County Sheriff's Department's opinion is that 10 vessels in
addition to the 3 vessels already there constitute excessive amounts of
marine traffic at this dock site. However, if these 10 vessels were not
at this dock site the dock would not have more vessels than allowed by the
Tidelands Commission.
Based on these facts, our opinion is:
1. The Permittee has no contractual agreement to operate business.
2. The Pacific Adventure falls within the parameters of vessels that should
be at the dock site.
3. The Pacific Adventure would not constitute an excessive amount of marine
traffic considering:
a. The boat is clearly visible to all.
b. The boat is manned by a licensed captain.
Conclusion
The permittee has misrepresented the information in the application. We
appeal to the City Council to follow the revocation process set forth in
Harbor regulation 17.14.090.A.
Pumpout Station
Pacific Adventure has under lease a pumpout station at Marina Sailing. This
facility although at a remote location is directly across from the Pacific
Adventure dock giving it quick accessibility and a clear view of its
availability. The pumpout facility has been used by the Pacific Adventure
successfully and its captain to demonstrate that the pump facility and vessel
are compatible. The pumpout facility at Marina Fun Zone meets the
requirements required by Section 1730. It is also under the W-tx.-al of the
Pacific Adventure.
EXHIBIT 11�
Parki ng
1. The parking operation has been approved by Richard El,minston of the
Traffic Department of Newport Beach. However, the Marine Department feels
that it would be difficult to control the customer's actual use of the
provided lot.
a. Pacific Adventure is prepared to provide proper signing at the
parking lot site as well as at the vessel location indicating'
that parking is available at no charge.
b. Brochures and promotional packages distributed to customers will
indicate location of the parking site provided by the business.
MARINE DEPARTMENT Telephone 644-3044
COMMERCIAL HARBOR PERMIT APPLICATION
Filing Fee -$400.00
Business Name: Balboa Island Electric Boat Rental
Business Mailing Address c/o Rodheim Marketing_ Grotip 125 F- Baker #266
City and Zip Costa -Mesa 92626
Address of Business 504 South Bayffont.-- 4100
Balboa Island, CA 92662
Business Telephone (J14) 557-5100
if business is a corporation or operated under a fictitious name or
partnership, please indicate ALL principals:
Give name, address and telephone for each:
1. Ralph M. Rodheim 311 Onyx Balboa Island (714) 675-2044
2. Tom Schock 2908 Broad St. Newport Beach (714) 631-3141
3.
Give name, address and telephone number of the person, or persons,
who will have general management responsibility for applicant
business:
Ralph M. Rodheim 311 Onyx Balboa Island (H) 675-2044 (w) 557-5100
Please give a complete description of the proposed method of
operation of vessel, watercraft and/or other facilities, including,
but not limited to:
1. Location where vessel will be permanently berthed
504 South Bayfront Balboa island*
2.. Location where passengers will be loaded and unloaded
504 South Bayfront Balboa Island
3. Maximum number of passengers carried (include crew)
6
4. Location where required parking for passengers, employees and
crew will be provided: 504 South Bayfront. Renters will wal
to the boats, hotels will shuttle the guests to the boats,
5. Days business will operate: Monday - Sunday
6. Hours of operation: Winter 8-5 Summer 8-8
E-71HIBIT
7.
Routes of Travel: --Newport Harbo'r
8. Types of activities permitted on board:
Touring of the bay and small picnics.
9. Types of merchandise to be sol
lo. Is Coast Guard certification required? No If not, why not?
The boats are limited to 6 passengers.
11. Type and amount of liability insurance carried for this
operation: Marina Operator and Comprehensive General $1,000, 00
Carrier: Hull and Company Ltd. (U.K.)
12. other pertinent information: This will be an electric boat
rental company with 10 boats.
13. Describe the manner in which you intend to dispose of trash,
sewage and litter resulting from this operation:
Limited trash will be generate&, howeve'r, what does accumulate
will be disposed of as part of an existing contract at the ocation.
14. Describe the type of entertainment which the applicant
proposes, if any: None
PLEASE SUBMIT A DETAILED DRAWING OF THE BOAT, WATERCRAFT AND/OR
OTHER FACILITIES WHICH APPLICANT PROPOSES TO USE, TOGETHER WITH
SUCH SPECIFICATIONS AND OTHER TECHNICAL DATA AS MAY BE NEEDED FO
PROPER EVALUATION OF THIS APPLICATION. A
I declare under penalty of perjury f ore�in�/r) true - and
correct: ? I T
Date January 3, 1991 Signature:
Telephone (W) 557-5100 311 On,�k Balboa I
Residence address
TO BE FORWARDED TO FOLLOWING FOR INVESTIGATION & RECOMMENDATION:
Chief of Police
Orange County Harbor District
other
Approved/Denied by Marine Department (and Date)
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March 21, 1991
r::
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
TO: RODHEIM MARKETING GROUP
125 EAST BAKER #266
COSTA MESA, CA 92626
RE: COMMERCIAL HARBOR ACTIVITIES
ELECTRIC BOAT RENTALS
Dear Mr. Rodheim:
PERMIT/BALBOA ISLAND
As required by Chapter 17.41 of the Newport Beach Municipal Code,
the Newport Beach Marine Department is issuing a Commercial Harbor
Activities Permit to Balboa Island Electric Boat Rentals f or a boat
rental business at 504 South Bay Front, Balboa Island, subject to
the following conditions:
1. This Commercial Harbor Activities permit will be
for one year only, commencing on April 1, 1991, and ending on March
31, 1992. It may be renewed at the discretion of the Marine
Director subject to the applicant providing evidence satisfactory
to the Marine Director of sufficient parking for the operation
after March 31, 1992.
2. The boats will be berthed at the commercial dock
facility bayward of 504 South Bay Front. They will be berthed on
the easterly side of the docks only and no vessels will be berthed
on the westerly side of the docks.
3. The hours of operation will be: winter 8 AM to 5 PM
and summer 8 AM to 8 PM, seven days a week.
4. The maximum number of vessels allowed under this
permit are ten (10) electric boats. They must be berthed at the
facility in such a way that they are not rafted or that it is
required to remove one boat to allow another boat to enter or exit
the marina.
5. The only location allowed for loading and unloading
of passsengers is the commercial facility at 504 South Bay Front.
6. The applicant must be responsible for towing and
recovery of any vessel(s) that become disabled in the bay or ocean.
E T'7
XHIBIT
3300 Newport Boulevard, Newport Beach
7. Each vessel must be equipped with a communication
device to facilitate call backs to the commercial location, if an
emergency should arise "of if the vessel becomes disabled in the
harbor.�
8. Sewage, trash and litter must be disposed of at the
upland facility at 504 South Bay Front in an area and manner
approved ' by the Marine Department. One men's and one women's
restroom must be provided for applicant's customers.
9. The applicant recognizes that there is no parking on
the upland site at 504 South Bay Front. Parking will be provided
at a remote lot at the southeast corner of Park Avenue and Agate on
Balboa Island, California. Applicant(s) have submitted a land
lease for one year at that site, giving them exclusive space for 20
parkingispaces during the hours and days of the operation. Prior
to commencing operations the applicant must submit to the -�-City
TrafficlDepartment a parking plan for their approval showing:
(1),that the leased site can accomodate 20 vehicles and
that it is appropriately marked for the parking of these
vehicles and
(2)1that the applicant has the exclusive right to park 20
vehicles on the site within the specified hours of
operation,
(3) that the applicant has a suitable method of insuring
that the spaces will remain available exclusively to the
applicant's patrons,
(4) that the parking spaces will be at no charge to the
applicant's customers; brochures and promotional packages
distributed to customers will indicate the location of the
parking sites provided by the business, and
(5) the applicant will provide signing at the boat rental
location indicating that parking, at no charge, is
available at the remote site.
10. All the rental vessels will be equipped with U.S.
Coast Guard approved and required devices for safety.
11. Permittee agrees to comply with all Municipal Codes
and City Council Harbor Permit Policies.
12. The permittee shall hold the City, the County of
of Orange and the orange County Harbor District harmless from and
indemnify said agencies against, any claims for damages arising out
of the exercise of this permit. In addition, the permittee shall
reimburse said agencies for all attorney's fees and other costs
which are expended by them in defending any claim, lawsuit or
judgment arising out of the activity of the permittee carried on
under the authority of such permit.
13. The Marine Director or City Council, on approval or
review, shall have the power to impose new conditions or modify
existing conditions with regard to this permit upon a
determination that the operations by permittee in the absence of
the new or modified conditions, does adversely impact the health,
safety or welfare of those who use, enjoy or own property near the
waters of Newport Beach.
THIS PERMIT IS NOT VALID UNTIL SIGNED BY THE MARINE DIRECTOR.
Your attention is particularly invited to the above conditions.
All copies shall be signed by the permittee or his authorized
agent, and dated. The signer(s) name and title, if any, must be
typed below the signature. All copies should be returned to the
Marine Department office. The permit will then be validated and
one copy returned to the permittee.
Permittee Date
Title
Permittee
Title
Date
For the Marine Department Date
CITY OF NEWPORT BEACH
r) 'A 92b59-1766
P.O. BOX 1768, NEW110RT BEACH, C
May 30, 1991
Ralph Rodheim
Queen's Landing and America Concepts
125 East Baker, Suite 266
Costa Mesa, CA 92626
Re: Balboa Island Electric Boat Rental CHAP
Dear Ralph:
On May 30,1991 we received the attached letter from the property
owner at 504 South Bay Front. The letter states that you do not
have a lease with Robert Teller, and until such time as you do, you
do not have the right to operate from the dock at 504 South Bay
Front. We have also learned that you do not have a lease for
parking at the corner of Park and Agate on Balboa Island. Pursuant
to Section 17.41.090 (a) of the Newport Beach Municipal code, we
are giving you five days written notice from the date of receipt of
this letter to appear at the Newport Beach Marine Department
office, which will be on or before June 10, 1991 at 8 A.M. to show
cause as to why your permit should not be revoked.
Newport Beach Municipal Code Section 17.41.090 "Revocation Any
permit granted pursuant to the provisions of the Chapter may be
revoked by the Marine Director, in whole or in part, upon f ive
day's prior written notice to permittee, directing the permittee
to appear at the time, date and place specified in the notice to
show cause why the permit should not be revoked. The notice shall
specify the reasons for the proposed action. A permit may be
revoked on the following grounds: (a) That the permit holder has
made a misrepresentation as to any material fact set forth in the
application... 11.
If you have questions please call me at 644-3044.
Sincerely,
Tony Melum,
Tidelands Administrator
EXIHIBIT
3300 Newport Boulevard, Newport Beach
R013ERT H. TELLER
504 SOUFM BAY FRONT
BALBOA ISLA�?qD, NFWPOIZT BP-ACH
CALIFORNIA 92W
(714) 723-64�5, FAX (714) 723-6639
May 23, 1991
Dave HArshbarger, Marine Division
At this time, it ihould be understood that Ralph Rodheim has not executed
a icase witli Kobert ff. TeUcr alld ULILU -sa-11 time 4005� "t r'chf. -to
.operate from my dock. This should be taken into consideration as this
relates to Karen Stacup's request for a Commercial Activities permit.
Sincerely,
Robert Hi Teller
RHT:bl'
cc: Robert W Wynn City Manager,
Robert Burnham, City Attorney*
1. V. f= 'r I= W W a W rN T 0 T 6 0
17.40.090-17.41.005 HARBOR REGULATIONS
(b) The houseboat marina has become a source of pollution of th
)me a sou 0 po"u"on or 'n
harbor.
(c) The facilities of the marina or the houseboats located in have
fallen into a state of disrepair.
tt it i
(d) Individual houseboats are permitted or ained within the
I
marina which do not meet the requirements fo use -boats established by
9
this Chapter. (Ord. 1029 (part), 1963: 194 _.01� e § 8705).
17.40.090 Administration 0 iapter — Appeal. The provisions of this
Joel -i -
Chapter shall be administeloe6y the Community Development Director in
coordination with th I t�
po?�farine Director. Any a -grieved person may appeal
any decision o ��eluilding Official to the City Council by filing a written
not !ce of eal with the City Clerk within 15 days after the date on which
not ;�P� the ecision is mailed to the applicant. The City Council shall make
-podecision on the appeal within thirty (30) days and such decision shall be
final. (Ord. 1602 § 11, 1975: Ord. 1286 § 11, 1968: Ord. 1029 (part),
1963: 1949 Code § 8706).
Chapter 17.41
die COMMERCIAL ACTIVITIES ON THE WATERS
OF NEWPORT HARBOR*
Sections:
17.41.005
Findings and Purpose.
17.41.010
Definitions.
17.4 1.020
Permit for Commercial Activities Required.
17.4 1.025
Exceptioiis.
17.4 1.03 )0
Applicatiort for Permit.
17.41.040
Filin- Fee.
17.41.050
ISSLIaiice of Permit.
17.41.070
Power to Impose Coiiditions,- Hold Harmless.
17.41.080
Duration of Permit.
17.41.090
Revocation.
17.41.095
Appeal.
17.41.100
Transfer of Permit.
17.41.110
Licenses and Fees not Exclusive.
17.41.11-0
Application to Existing Activities.
17.41.005 Findin-s and Purpose. In adopting this Chapter, the City
Council makes the followin- findin-s:
(a) There has been a significant increase in the nature and intens'
M itV
of commercial activities SLIch as harbor cruises, dinner cruises and wate'r
tax] services OCCUrrin- on and over the waters of Newport Beach; and
*Prior ordinance history: Ords. 1345, 1573, 1602, 1612, 1759 and 1766.
(Newport Beach 3-85) 368
EXHIBIT 11
COMMERCIAL ACTIVITIES, HARBOR 17.41.010-17.41.030
(b) This cornmercial activity has created an additional demand for
available parking and created traffic congestion in and around the water-
front; and
(c) On occasion, this cornmercial activity has created an unreasonable
level of noise which has interfered with the right of persons who own prop-
erty on or near Newport Bay to the peaceful enjoyment of their property;
and
(d) This commercial activity has the potential to interfere with the
free-flow of boats and vessels operating on waters of Newport Beach and, the
potential to increase the amount of pollution litter on and in those waters-,
and
(e) In adopting this Chapter, the City Council intends that the health,
safety and welfare Of those Who use, enjoy and own property near the waters
of Newport Beach are not adversely affected by commercial activities con-
dUcted on those waters. (Ord. 84-29 § I (part), 1984).
17.41.010 Definitions. (a) For the purpose of this Chapter, the term
waters of Newport Beach" sliall mean all waters within the corporate limits
of the City of Newport Beach and within which the tide ebbs and flows,
whether or not the ordinary or rnean high tide line of the Pacific ocean has
been fixed by ordinance, statute, Court action or otherwise, and wlicther or
not the lands lying Linder the tidal water are privately or public owned.
(b) For the purpose of this Chapter, the term "cominercial activity"
sliall mean any service, trade, business or Occupation carried on, for which
any monetary or other valuable consideration is received, or for the Purpose
of profit. (Ord. 84-29 § I (part), 1984).
17.41.020 Pen -nit for Commercial Activities Required. No person sliall
engage in, or conduct, any commercial activity on the waters of Newport
Beach, unless that person has obtained a permit for Such activity pursuant
to the provisions of this Chapter. (Ord. 84-29 § I (part), 1984).
17.41.025 Exceptions. The requirements of this Chapter are not ap-
plicable to the following:
(a) Commercial fishing activities-,
(b) Boat repair and maintenance services;
(c) Marine construction or contracting services� or
(d) Vessels used in conjunction with an exempt activity shall also not
be used for office purposes unless such use is specifically authorized via per-
mit issued pursuant to this Chapter. (Ord. 84-29 § I (part), 1984).
17.41.030 Application for Permit. An application for permit Linder this
Chapter shall be filed with the Marine Director, upon forms provided by the
City, and shall contain the following information, and such other informa-
tion as the City Council may require:
368-1 (Newport Beach 3-85)
17.41.040-17.41.050 HARBOR REGULATIONS
(a) The name, business address and business telephone number of
applicant
(b) If the applicant proposes to conduct business under a fictitious
name, the application shall state the name, address and telephone number of
each person owning a financial interest in the business-,
(c) The name, address and telephone number of the person, or persons,
who will have general management responsibility for applicant's business-,
(d) A detailed drawing of the boat, watercraft and/or other facilities
applicant Proposes to use, together with such specifications and other tech-
nical data as may be needed for proper evaluation of the application',
(e) A full description of the proposed method of operation of such
vessel, watercraft and/or other facilities, including but not limited to:
I . Hours of operation,
2
Maximum number of patrons or passengers,
3. Route or routes of travel,
4. Embarkation and debarkation points,
5. Type of activities permitted on -board,
6. Type of merchandise sold;
(f) A description of tile manner in which applicant intends to dispose
of sewage, trash and litter resulting from the operation;
Q-0 A description of the type of entertainment applicant proposes to
provide, if any,
(h) A description Of ally Sound amplification which applicant proposes
to use,
(i) A description and location of parking facilities available for the pro-
posed operation:
0) Other information which may be pertinent to vehicular or marine
traffic, parking, noise, pollution, litter, or any other matter which Could
adversely affect tile health, safety and welfare of those Who use, enjoy or
own property near the waters of Newport Beach. (Ord. 84-29 § I (part),
1984).
17.41.040 Filing Fee. Ali application for a Commercial Harbor
Activities Permit shall be accompanied by the fee established by resolution
of the City Council- (Ord. 84-29 § I (part), 1984).
17.41.050 Issuance of Pennit. Upon receipt of an Application for Com-
mercial Harbor Activities Permit, the Marine Director shall investigate the
information contained in the application. The Marine Director may refer tile
application to the Planning Department or other appropriate City depart-
rnents. or to the Orange County Sheriff's Harbor Patrol for investigation,
report or recommendation.
Except as provided in this section, the Marine Director shall issue the
Permit upon a determination that approval of the Application will not ad-
versely affect the health, safety or welfare of those Who use, enjoy, or own
propety near the waters of Newport Beach.
(Newport Beach 3-85) 368-2
COMMERCIAL ACTIVITIES, HARBOR 17.41.070
The Marine Director shall deny the Application if:
(a) The proposed commercial activity is likely to create noise which
Would adversely affect use or enjoyment of the waters of Newport Beach by
members of the public, or interfere with the rights of those who own prop-
erty near the waters of Newport Beach to the peaceful and quiet enjoyment
of that property:
(b) The proposed commercial activity is likely to contribute to the
problem of pollution and litter on and in the waters of Newport Beach;
(c) The vessel or craft to be used by the Applicant does not satisfy the
applicable standards of the U.S. Coast Guard;
(d) The proposed commercial activity is likely to create marine traffic
con-estion, or otherwise interferc with the rights of others to use tile Waters
Of Newport Beach, and
(e) The proposed commercial activity does not provide facilities to
ensure adequate parking, safe vehicular ingress and egress, and tile safe load -
1z'
ing and unloading of passengers and supplies.
The Marine Director sliall notify Applicant of his decision within 90
days frorn the date on which the application is submitted. (Ord. 84-29 § I
(part), 1984).
17.41.070 Power to Impose Conditions, Hold Harmless. In granting
any permit pursuant to this Chapter, the Marine Director, or the City
Council on appeal, may impose any additional conditions on tile permit to
ensure that the proposed commercial activity will be compatible with tile
predominantly recreational character of the waters of Newport Beach, the
ri-lits of other persons using the waters of Newport Beach, the interests of
residents and property owners whose properties abut or are in close proxi-
mity to the waters of Newport Beach, and the interests of the general public.
Any Such permit shall contain a provision stating that the permittee shall
Z� i
hold the City, the County of Orange, and the Orange County Harbor District
harmless from, and indernnify said agencies against, any claim for damages
arising Out of the exercise of the permit-, in addition, the perinittee shall
reimburse said a-encies for all attorney's fees and other costs which are ex-
pended by them in defending against any claim, lawsuit orjud-i-nent arising
Out of the activities of the perinittee carried on under the authority Of Such
permit.
The Marine Director or City Council, on approval or review, sliall have
the power to impose new conditions or modify existing, conditions with re-
.ard to any permit issued pursuant to this Chapter upon a determination
that the operations by permittee, in the absence of the new or modified
conditions, does adversely impact the health, safety or welfare of those who
use, enjoy and own property near the waters of Newport Beach. (Ord. 84-29
§ I (part), 1984).
368-3 (Newport Beach 3-85)
17.41.080-17.41.100 HARBOR REGULATIONS
17.41.080 Duration of Permit. Unless otherwise specified, a permit
issued pursuant to this Chapter sliall be valid until terminated or revoked.
(Ord. 84-29 § I (part), 1984).
17.41.090 Revocation. Any perrilit granted pursuant to the provisions
of this Chapter may be revoked, by the Marine Director, in whole or in part,
upon five days' prior written notice to permittee, directing the permittee to
appear at the time, date and place specified in the notice to show cause why
the permit should not be revoked. The notice sliall specify the reasons for
the proposed action. A permit may be revoked on any of the following
(Y
,-rounds:
(a) That the permit holder has made a misrepresentation as to any ma-
terial fact set forth in the application,
(b) For the violation of any law, rule or regulation of the United
States, the United States Coast Guard, the State of California, the City of
Newport Beach, the County of Orange or the Orange County Sheriff's
Harbor relatin g to the commercial activities authorized by any permit issued
pursuant to this Chapter;
(c) That tile commercial activities of permittee adversely affect the
health, safety or welfare of those Who use, enjoy or own property near the
waters of Newport Beach-,
(d) That the commercial activities of permittee fall within the criteria
for denial of all application, as set forth ill Subparagraph (a), (b), (c), (d) or
(e) of Section 17.41.050. (Ord. 84-29 § I (part), 1984).
T
17.41.095 Appeal. Any applicant ag I rieved by a decision of the Marine
Director may appeal to tile City Council. The appeal must be in writing. filed
with the City Clerk within 15 days from the date oil which ljotice�`of tile
action by the Marine Director was deposited in the U.S. Mail, and Must Set
forth the facts and circumstances that form the basis of the appeal.
The City Council May preside over the hearing oil appeal or, in the al-
ternative, may appoint a licaring officer to receive all relevant evidence and
to prepare findings and recommendations to be considered by the City
Council at a regular meeting held within 60 days from the date of tile hear-
ing. The City Council shall determine the merits of the appeal and may
sustain, overrule, or modify the action of tile Marine Director. Tile decision
of the City Council sliall be final. (Ord. 84-29 § I (part), 1984).
' 17.41.100 Transfer of Permit. No permit issued pursuant to the provi-
sions of this Chapter sliall be transferable either by assi<,nment, sale, hypo-
thecation, operation of law or otherwise without periiission of the Citv
Council having first been obtained. Application for transfer of any permit
shall be Subject to the same terms, conditions and requirements as an
application for an original permit. In approving the transfer of any exi
istinLy
permit, the City Council may impose Such conditions as it may determine
are in the public interest. (Ord. 84-29 § I (part), 1984).
(Newport Beach 3-85) 368-4
COMMERCIAL ACTIVITIES, HARBOR 17.41.110-17.41.130
17.41.110 Licenses and Fees not Exclusive. Fees and permits required
by this Chapter shall be in addition to any license, permit or fee required
under any other Chapter of this Code or any other provision of law. (Ord.
84-29 § I (part), 1984).
17.41.120 Application to Existing Activities. The commercial activities
of those holding permits issued prior to the effective date of this Chapter
may be continued to the extent aUtliorized by permit or prior ordinances,
but the permittce shall not increase, or expand activities beyond those which
are conducted on the effective date of this Chapter, unless an amendment to
the permit has been approved by the Marine Director or City Council on
appeal
Any person, firm, corporation or other entity conducting any com-
mercial activity on the waters of Newport Beach on the effective date of this
Chapter, who does not possess a valid permit issued pursuant to this Chapter,
shall apply to the City for such a Permit not later than ninety (90) days from
the effective date of this Chapter. (Ord. 84-29 § I (part), 1984).
17.41.130 Misdemeanor — Public Nuisance. (a) Any person violating the
provisions of this Section shall be guilty of a misdemeanor. Any person con-
victed of a violation of this Section shall be punishable by a fine of not more
than $500.00, or by imprisonment in the County jail for a period not to
exceed six months, or by both such fine and imprisonment. A person
violatin- the provisions of this Chapter sliall be guilty of a separate offense
for each day during which any violation is committed.
(b) In addition to the penalties provided ill Subsection (a), any condi-
tion caused or permitted to exist in violation of any of the provisions of this
Section shall be deerned a public nuisance. (Ord. 84-29 § I (part), 1984).
368-5 (Newport Beach 3-85)
14:49 N0TT/H0RT0NZGALLRRD0
June 7, 1991
?14 ?54 1?28
r"')
B F- U C B E. N 0 T T
318-4 J AIRWAY AVENUE
COSTA MESA, CA 92626-4610
FAX 714 754,1728 PHONE 714 754.1420
P. 02
Mr. Jose De Miguel
215 14th Street, Apartment 8
Hunt.Lngton BGaoh, C -A 92648
Re: kgate Parking Lot
Balboa island, California
Dear Jose;
The terns and condItions of" your proposed lease are not
acc(�ptable to me.
'YL'hank you for your intnrest.
Very Truly,
Bruce E. Nott
BEN/lf
Enclosure
EXHIBIT I
INSTALLATION OF PUMPOUT STATIONS 17.30.015-17.30.020
allowed to continue, could jeopardize the economic viability of busines
which utilize, or are located on, Newport Bay, and severely restrict re a-
tional. use of the bay.
G. The number of public pumpout facilities in N port bor to
I
serve the number of vessels using the Harbor and the loc!w io
at those fa-
cilities are not convenient to a large number of vessels'that r ire pumpout
of holding tanks. Substantial quantities of human was have been dis-
Ick of ad
charged directly into the Bay because of the lack of a uate pumpout fa-
cilities.
H. The heaviest commercial users of the B , and those which have
the greatest need for adequate pumpout faci * es, are sailing clubs, com-
mercial harbor activity permittees, and bareb t charter operations that load
and unload passengers at the docks of or permittees located in com-
mercial zones.
I. The installation and use of mpout facilities by the heaviest com-
mercial users of Newport Bay w' help insure that bacteria, coliform and
human pathogen levels remain elow those which would cause the adverse
impacts described in this sec ' n. (Ord. 88-18 § I (part), 1988).
17.30.015 DefinitIA. For purposes of this Chapter, the following
wordswords and phrases s have the meanings specified in this section:
A. Commer ' I Harbor Activity Permittee. Any person, or persons,
partnership, - c oration, or other entity holding a permit issued pursuant to
A
pa n
a
nd p
Commas
e
hr es
r
s
rt ership' c oratlo
t p 0 s 0
he /provisioof Chapter 17.41 of the Newport Beach Municipal Code.
r P rm
B. rbor Permittee. Any person, or persons, partnership, corporation
o or ot
r ot entity holding a permit issued pursuant to the provisions of Chapter
I of t wpo
17 of the Newport Beach Municipal Code and: (1) the permit zone is
j
hin an area designated as a commercial district; and (2) the permittee
permits or allows the loading and/or unloading of passengers of a bare boat
charter or other chartered vessel from any fa-cility within the present zone.
C. Sailing Club. Any person, or persons, partnership, corporation, or
other business entity engaged in the business of leasing, renting, or charter-
ing 5 or more vessels equipped with marine toilets by members of the club
and/or the general public for use on Newport Bay by members of the Club
and/or the general public.
D. Permittee. Commercial harbor activity perm,ittee and harbor per-
mittee. (Ord. 88-18 § I (part), 1988).
17.30.020 Pumpout Facility Required. A. Within 180 days of the
effective date of the ordinance codified in this Chapter, all sailing clubs,
commercial harbor activity permittees and harbor permittees shall install a
vessel waste pumpout system solely for the use of vessels leased or chartered
by the club or permittee. The pumpout facility shall be installed on dock
space under the control of the club or permittee with convenient access to
all vessels, owned, leased or chartered by the club or permittee. The
362-1 (Newport Reach 9-88)
EXHIBIT
17.30.025 HARBOR REGULATIONS
pumpout facility shall have a capacity commensurate with the capacity of
the holding tanks of the vessel or vessels of the club or permittee.
B. All pumpout facilities required by this Chapter shall be installed
pursuant to permit issued by the Marine Director. Application for permit
shall be made on forms prepared, and furnished, by the Marine Director. No
fee shall be charged for the issuance of the pumpout facility permit or any
other permit required prior to installation.
C. The application for permit shall be accompanied by appropriate
plans and specifications setting forth in detail the work to be done.
D. The application, plans and specifications required by this Chapter
shall be reviewed by the Marine Director to determine if the proposed work
meets all requirements of this Chapter and other provisions of the Newport
Beach Municipal Code. The Marine Director shall issue the permit if the pro-
posed pumpout station complies with all applicable ordinances, rules and
regulations. A separate permit may be required from the Building Director
prior to installation of the pumpout facility. (Ord. 88-18 § I (part), 1988).
17.30.025 Maintenance. Permittee shall maintain the pumpout facility
in good condition and repair at all times. (Ord. 88-18 § I (part), 1988).
(Newport Beach 9-88) 362-2
14
September 29, 2001
Beek Family
Gas Dock
406 South Bay Front
Balboa Island, CA
In July when it appeared that the large boat that was parked directly in front of
residences, blocking our precious view of the Pavilion and the bay, would be
permanent, we asked you about it. We were told that you had an agreement with
the owner through Labor Day and that it would seldom be there as it would be out
on charter fishing trips. It was seldom gone and was still there after Labor Day.
Later that week, we inquired again of you and we were told that it would be gone by
Friday September 14. It was not. There has been little activity around the boat until
last evening. The owner was cleaning the boat. We asked him what was
happening. He said that he had an agreement with you to keep the boat there
through the month of September and would move it by October 1. Someone was
not telling the truth.
Please do not do this to your neighbors again.
(ft�) I &^' e�'
Diane Christie 404 S. Bay Front
1� I
eterson 400 S. Bay Front # 1 Vic Sheffeit� 400 S. Bay Front #5
CC. Steve Bromberg 0 0 5 Bct�- Fn.&,4 -*43
City of Newport Beach Harbor & Marine Dept
�d6n� - 6 S. hay Front #2
Brady B 40
COMMERCIAL HARBOR ACTIVIMS PERMIT
This permit confirms that Walk On Water, Inc., a California corporation, is authorized to
conduct those activities specified in Paragraph "B" subject to strict compliance with the terms
and conditions specified in Paragraph "C". This permit is issued pursuant to Chapter 17.41 of
the Newport Beach Municipal Code titled Commercial Activities on the Waters of Newport
Harbor.
A. Findino
Walk On Water, a California Corporation, has filed an application pursuant to
Chapter 17.41 of the Newport Beach Municipal Code. Such application was
received by the Marine Department on August 3, 1995.
Th; is not a destination busliness and rnost customers wil"I be walk-up customers.
3. As a result of the nature of the business and the limited number of passenger
capacity, the Marine Department and the Planning Department have agreed that
the requirements for parking, as provided by Section 17E of the Harbor Permit
Policies do not apply and no parking will be required for this business as
currently permitted.
B. Permitted Operations
Walk On Water is authorized to conduct as the principal component of its business the
rental of Seadoo vehicles from the location at 504 South Bayfront, Newport Beach,
California. More specifically, to rent the Seadoos bayward of 504 South Bayfront. The
number of Seadoos rented from this site will be five (5), two (2) will have a maximum
passenger capacity of two individuals, three (3) of the Seadoos will have a capacity of
three individuals for a total passenger capacity of five. All the Seadoos will be registered
and insured; the hours of rental operation will be 8 AM to 7 PM daily, 365 days of the
year. The last rental out of the site will be no later than 5:30 PM. The routes of travel
for the operations will be out of the harbor and in the main navigational channels. Also,
the applican—t-s will follow all applicable rules ond regulations relative to operation of
vessels within the Newport Harbor.
C. Term and Conditions
The commercial harbor activities authorized by this Permit are subject to strict compliance
with the following conditions:
All vessels operated by Walk On Water shall be berthed at 504 South Bayfront,
Balboa Island, California;
2. Loading and unloading of all passengers shall occur at 504 South Bayfront,
Balboa Island, California;
3. Any significant change in permitted operations shall require approval of an
amendment to this permit pursuant to Chapter 17.41 of the Newport
Municipal Code;
4. All vessels operated by Walk On Water pursuant to this permit, may operate only
between the hours of 9 AM and 7 PM, daily;
5. Walk On Water shall comply with all provisions of the Newport Beach Municipal
Code and the Harbor Permit Policies adopted by the Newport Beach City Council.
The City Council reserves the absolute right to amend the provisions of the
Municipal Code or the Harbor Permit Policies relevant to commercial harbor
actiViti&s;
6. All employees will be required by terms of their employment to park on the
peninsula in the public parking lot at the Balboa Pier and they will take the ferry
to work. The company will reimburse all employees parking and ferry expenses;
7. All vessels should have current California registration and be covered by property
and liability insurance;
8. Walk On Water shall defend, indemnify, and hold harmless the City of Newport
Beach, the County of Orange, the Orange County Harbor District and their
respective officers, employees, agents and representatives, with respect to any
claim or lawsuit alleging any loss, damage, injury or entitlement that is in any
way related to the issuance of this Permit or the commercial harbor activities
authorized by this Permit unless such claim or lawsuit resulted from the
negligence, action, inaction or intentional act of any officer, employee, agent or
representative of any of the aforesaid public entities. The City Council reserves
the right to retain legal counsel to defend its interests in the event of any
litigation, which Walk On Water is obligated to defend pursuant to this Permit.
In the event the City Council retains special counsel to defend its interest, Walk
On Water shall reimburse the City of Newport Beach for all reasonable expenses
and costs incurred by it in defending the litigation, as well as paying and/or
complying with any judgment resulting from the, litigation;
9. The Marine Director, or City Council on appeal or review, shall have the power
to impose reasonable new conditions, or modify existing conditions, upon a
determination, supported by substantial evidence, that the operations of Walk On
Water are adversely impacting the health, safety, or general welfare of those who
use, enjoy or own property near the waters of Newport Bay and will continue to
do so in the absence of the new or modified conditions;
IN
10. City Council approval is.required to transfer some or all of the commercial harbor
activities authorized by this Permit to a location other than 504 South Bayfront.
The City Council reserves the right, in its sole discretion, to require Walk On
Water to comply with all provisions of the Newport Beach Municipal Code with
respect to those commercial harbor activities transferred to a different location,
including without limitation, the provisions of parking and other la ' nd-side support
facilities. The City Council also reserves the discretion to waive some or all
of the required parking or land -side support facilities upon a determination that
the transfer will not adversely impact the health, safety or general welfare of those
working or living in the area to which commercial harbor activities would be
transferred;
11. The City of Newport Beach is the Grantee of all tide and submerged lands
bayward of the actual or adjudicated line of mean high tide. The issuance of this
Permit shall not be considered a waiver of the City's right or authority with
respect to any tide or submerged lands which Permittee uses to conduct
operations pursuant to this Permit. The City of Newport Beach hereby expressly
reserves the right to administer such tide and submerged lands as it sees fit,
including, without limitation, the right to propose, require and approve a lease,
franchise or long term license as a condition to continued use and occupation of
the tide and submerged lands;
12. The provisions of this permit shall be binding on and inure to the benefit of the
successors and assigns of Walk On Water, Inc.
Dated
/ ADated
WALK ON WATER, INC
By K IJ4 Al , /I
7
Title PPeNje,-4 — --T4, P -
CITY OF NEWPORT BEACH
A Municipal Corporation
By
. Tony Mel)�(m, Deputy Chief
EPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT CORPS OF ENGINEERS
911 WILSHIW BOULEVARD
LOS ANGELES, CALIFORNIA 90017-3401
City of Newport Beach
Attn.: Mr. Wes Armand
P.O. Box 1768
Newport Beach, California 92658-8915
April 27, 1998
SUBJECT: NOTICE TO PROCEED (File No. 98-00467-VAW)
Dear Mr. Armand:
Reference is made to your letter dated April 10, 1998 in which you submitted on behalf
of Mr. Robert Teller who resides at 504 South Bay Front, Balboa Island, a notification for the
maintenance dredging of 50 cubic yards of sand and silt material by hydraulic suction and
disposal of the dredged material on the adjacent beach.
Based on the furnished information, we have determined that the proposed
maintenance dredging activity complies with the terms and conditions of Permit No. 89 -211 -
GS provided that Mr. Teller's contractor does not exceed the maximum dredging design
depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW.
If you have any questions, please contact Vicki A. White of my staff at (213) 452-3410.
Please refer to this letter and 98-00463-VAW in your reply.
Sincerely,
"'y
Mark Durham
Chief, South Coast Section
Enclosure(s)
HARBOR PEMUT APPLICATION
-(�jt]�'of NeLaport Beach Fire & na-r-ine De ar m nt-
Please Print: (Front & Back)
Robert Teller 504 S. Bay Front, Balboa Island
1. Applicant (Property Owner) Address Teiephone
3. New Constructio — Revision Maintenance Dre4ging xxxx
4. Fee 358.00 Check No.=0 Da�t_e 4/2/98 _ I
S. Brief Description of Proposed Work:
maintenance dredging of southeast side -tie. eacft disposal.
6. Suhmit Drawings(3) Include: 1.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 project S. Existin� ground profile, and area
and profile of any dredginq with elevations showing depth
relative to MLLW 6. Elevations of top and bottom of piles and
bulkheads with respect to MLLW 7. A�ay special conditions
affectinV the construction or affecting boating operations. 7.
Owner Builder/Contractor Declaration/InsuraucgoIilformation
7. Applicant's/Agent's Signature _Z --- Z Date
8. Work can begin once the City has received evidence of the
following additional approvals and you have been notified to
pmceed -
OFFICE USE ONLY
- Approval in Concept.
Approval of the City of Newport Beach Council.
_ Approval of the Army Corps of Engineers.
Date
Date
Date
Approval of the California Coastal Commission. Date
Approval of the City's Public Works Department. Date
Approval of the Cityls'Building Department. Date
County of orange. Date
Issued. (Pe=dt is stanped drawing) Date
Site inspection.(cckll 644-3043 nt=ent) Date
Site Re -Inspection. Date
Conditions:
OMER-BUILDER DEC7ARATION
I hereby af f irm that I am exempt from the contractor I 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, in -prove, 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 provision 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 wage� as
_tEe—ar sole compensation, will do the work, and the structure is
not intended or offered for sale (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 ye,�r 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
wit=icensed 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 improves thereon,
and who contracts for such projects with a Contractorl(s) License
pursuant to the Contractor's License Law).
I am exempt under Sec. of Business and
Pr-o-f—essions Code for this reason:
Owner Signature
ContraCtor Mark Sites
Address P.O. Box 498, Balboa Island
Date
Telephone 675-1071
License Class A/HAZ State Board No. 460235 City License No. 97021127
LICENSED CONTRACTOR,S DECLARATICN
I hereby.affirm that I am licensed under provisions of �hapter -9
(commencing with Section 7000) of . ff1sion 3 of the Business and
Professsions Code ' and c se ia-f-u-1-1 force and e fect.
Contractor Signature D.... �98
4 � I
PERMIT NO.
DREDGING APPLICATION
Project Location: 04 South-Bav Front Balboa Island
Cubic Yards to be Dredged: 50
Method of Dredging: —Hydraulic Suction
Nature of Dredged Material: Sand/silt
Disposition of Dredged Material: Beach restoration
Method of Material Disposition: Pipeline transport to beach restoration site.
Turbidity Control Method: Reduced *discharge velocity
Effect of dredging on cOntiguous bulkheading and beaches Protects
and reinforces existing seawalls and bay beaches.
Mark Sites 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.
Robert Teller
Mark Sites
(Appl--icant-type name) (Contractor -type name)
4/7/98
(Date)
Signe d:
C6ntractor's
Representative
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CITY OF NEWORT BEAcI4
-HARB0R.,',,,PERMl,T
TO CONSTRUCT AND
THE REVERSE HEREOF
AT THE SITE INDICATED, SUBJECT 70 THE PROVISIONS O�
THE HARBOR PERM POUCIES ()F NIAVPORT BEACH AND
ANY SPECIAL CONDITIONS LISTED HmEoK THIS PERmrr
IS NOT TRANSRRAW WITHOUT THE WRITTEN CONSENT OF
THE CITY HARBOR COMDINMR OR CITY COUNCIL THE
RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY
AND THIS PERMIT BE REVOK By THE CITY 4UNCIL
IN ACCORDANCE MMUME I MUNICI CODE.
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PO
r) CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
Robert H. Teller
660 Newport Center Drive
#1025
Newport Beach, CA 92660
re: Harbor Permit 256-504
Dear Mr. Teller:
It has come the attention of the City of Newport Beach Marine
Department that you are beginning construction under the above
permit in violation of the permit that was isued to you.
Specifically, construction of the easterly groin wall is exceeding
the dimension approved in the City of Newport Beach permit, the
California Coastal Commission permit and the Army Corps of
Engineers permit.
The exhibit provided with each of the above permits indicated that
the maximum extension bayward of the subject groin wall would be
60 feet. Construction of this groin wall in excess of that
dimension would be in violation of all the above permits and will
not be allowed.
The purpose of this letter is to put you on notice that we
consider an extension of the groin wall in excess of 60 feet a
violation of the above named permits. Contruction beyond the 60
feet must stop immediately.
If you have questions regarding the above please call me at 644-
3044,
Yours truly
Tony Moum
Tidelands Administrator
3300 Newport Boulevard, Newport Beach
0, PO
4''
> CITY OF NEWPORT BEACH
r)
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
F 0
June 4, 1991
Balboa Island Improvement Association
Tom O'Brien
105 Marine Avenue
Balboa Island, CA 92662
Re: Commercial Harbor Activities Permit by Karen Stallcup for a
charter operation at 504 South Bay Front
Dear Sir:
Attached for your information is an application and a denial for a
Commercial Harbor Activities Permit from 504 South Bay Front. The
Marine Department staff has denied this application, the applicant
has appealed it to the City Council. It has been referred to a
hearing officer for additional testimony and will eventually be
returned to the Newport Beach City Council.
The Marine Department is making the homeowner association aware of
the application and the ongoing process, and we elicit any comments
the association finds appropriate regarding this application.
If you have questions in this regard please call me at 644-3044.
Sincerely,
Tony Melum
Tidelands Administrator
3300 Newport Boulevard, Newport Beach
PO
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
June 4, 1991
Harry Gage
Orange County Sheriff's Harbor Patrol
1901 Bayside Drive
Corona del Mar, CA 92625
Re: Commercial Harbor Permit Application by Karen Stallcup
Dear Harry:
Attached for your information is a copy of the application and the
Marine Deprartment's denial for a Commercial Harbor Permit
Application for a charter boat operation from 504 South Bay Front.
The applicant, Karen Stallcup, appealed the staf f denial to the
City Council. The City Council, as required by the Newport beach
Municipal Code, has referred the denial of the application and the
appeal to a hearing officer. We expect that once that hearing is
held the matter will be back before the City Council.
We have had informal discussion regarding the Harbor Department
concerns about additional traffic in that location. We would like
to ask if you would put those concerns in writing so that in the
future they can be presented to the City Council.
If you have questions regarding this matter please all me at 644-
3044. Thank you for your cooperation.
Sincerely,
Tony Melum.
Tidelands Administrator
3300 Newport Boulevard, Newport Beach
DENIAL APP
FOR COMMERCIAL HARBOR,.ACTIVITY )ERM
Dock Location
ftui6nwj%
The Marine Department has issued a commercial harbor activities permit at this
location for an electric boat business. The permit allows 10 vessels to be
berthed at permittee's slip. The following facts should be taken strongly
into consideration:
"'�has no properly executed lease with landlord.
1. Permittee
2. Permittee has no vessels as of May 17, 1991 berthed at the dock site.
3. Tidelands Commission has ruled that 7 vessels are the maximum number of
vessels allowed at. -the dock site. ' !� ". 11
4. The Orange County Sheriff's Department's opinion is that 10 vessels in
addition to the 3 vessels already there constitute excessive amounts of
marine traffic at this dock site. However, if these 10 vessels were not
at this dock site the dock would not have more vessels than allowed by the
Tidelands Commission.
Based on these facts, our opinion is:
1. The Permittee has no contractual agreement to operate business.
2. The Pacific Adventure falls within the parameters of vessels that should
be at the dock site.
3. The Pacific Adventure would not constitute an excessive amount of marine
traffic considering:
a. The boat is clearly visible to all.
b. The boat is manned by a licensed captain.
Conclusion
The permittee has misrepresented the information in the application. We
appeal to the City Council to follow the revocation process set forth in
Harbor regulation 17.14.090.A.
Pumpout Station
Pacific Adventure has under lease a pumpout station at Marina Sailing. This
facility although at a remote location is directly across from the Pacific
Adventure dock giving it quick accessibility and a clear view of its
availability. The pumpout facility has been used by the Pacific Adventure
successfully and its captain to demonstrate that the pump facility and vessel
are compatible. The pumpout facility at Marina Fun Zone meets the
requirements required by Section 1730. It is also under the 4ajral of the
Pacific Adventure.
Parking
1. The parking operation has been approved by Richard Elminston of the
Traffic Department of Newport Beach. However, the Marine Department feels
that it would be difficult to control the customer's actual use of the
provided lot.
a. Pacific Adventure is prepared to provide proper signing at the
parking lot site as well as at the vessel location indicating
that parking is available at no charge.
b. Brochures and promotional packages distributed to customers will
indicate location of the parking site provided by the business.
ji
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W
10'j
BALBOA ISLAND IMPROVEMENT ASSOCIATION
P.O. BOX 64
BALBOA ISLAND, CALIFORNIA 92662
TELEPHONE (714) 675-1773
,.jean
4 Harbor is.1and Dri'�,Te
Ne-wport Beench, CA 92660
hdayr 9,1991
Dear �J-ean,
it was brought to our attention -at our monthl�,? meeting, on
P�r
lay 7.. that there is to be a; "pa-urty" or "h;=-Irbor cruise" boat
starting to operz;ite from the n.-:;-,,:, doelks located on South B;: -a -v Front
y I
Agate -and C-jpc-.-El. unen-e-aare oef ;=-.n-,r su-ch operation
jr anT,.7 permits- bein.g issued and -v-.7-e -,,7oulld you to pleaste look
into this for us. are c;-=ite:goric.-=jl1,.,T agz-ains--t this sort of
operating from the island due to the imp;-=J-ct of p.-=irkin. , people, ;---Ind
trash.
Please feel free to contact me at my home, 673-2706,
regarding, thi- issue.
Wriceredy,
Tom O'Brien, President
`7� '
BALBOA ISLAND IMPROVEMENT ASSOCIATION
P.O. BOX 64
BALBOA ISLAND, CALIFORNIA 92662
TELEPHONE (714) 675-1773
Ton,
1 .7 Melum
Tidelands Administrator
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92659-1768
June 7, 1991
Re: Charter application at 504 South Bay Front,
Dear I*Ylr. Melum,
Thank you for your letter dated June 4, regarding the
application and denial of Commercial Harbor Activities for a charter
operation at 504 South Bay Front.
11 y
I am enclosing a copy of my letter to Jean Watt, stating that
we are cateqoricall-,,,7 against any type of boat business operating
from the Island, for the reasons stated,
We appreciate being informed of any such activities which
could impact our T sland and I will be in touch with you regarding
i
this particular application.
Sincerely,
Tom O'Brien
President
cc Dave Harshbarger
-z
Business Name
Business Mail
City and
MARINE DEPARTMENT Telephone 644-3044
COMMERC AL HARBOR PERMIT APPLICATION
Address of Business
Business Telephone--4-�? -
If business is a corporation or operated under a fictitious name or
partnership, please indicate ALL principals:
Give name, address and telephone for each:
2.
3.
Give name, address and telephone number of the person, or persons,
who will have general management responsibility for applicant
business:
'tr ) 4 f"-�4 --k '/ -4 --
Plieas�t give a complete. description of the proposed method of
operation of vessel, watercraft and/or other facilities, including,
but not limited to:
1. Location where vessel will be pez
';�� Ll -1-4- /� "/ -/-- ,
2. Location where passengers will be loaded and. unloaded _
— .:S: LL --22U
3. Maximum number of passengers carried (include crew)Sa2z —:30
4. Location where required parking for.pasgenigers,
crew will be provided: /'l 'F,
5. Days business will operate: d,41 LIO,,�e-l-)�- �1411a-Z :Z/e?,zZ
6. Hours of operation: ?9M :.�Lo "00 W�"7/N'5�
VO
7. Routes of
12 D / S
8. Types
-avel:
117 17
ities
e-;X-
tted on board:
Types of merchandise to be sold
Is Coast Guard certification required?_\,LeS_ If not, why not?
Type and amount of liability insurance carried for this
operation:
Carrier:
12. other pertinent information:
13. Describe the manner in which you intend to dispose oX trash
sewage and litter resulting from this operation:
14. Describe the type of entertainment which the applicant
proposes, if any: 4 7�_ /F- -A- L _S '�- / M �a
PLEASE SUBMIT A DETAILED DRAWING OF THE BOAT, WATERCRAFT -AND/OR
OTHER FACILITIES WHICH APPLICANT PROPOSES TO USE, TOGETHER WITH
SUCH SPECIFICATIONS AND OTHER TECHNICAL DATA AS MAY BE NEEDED FO
PROPER EVALUATION OF THIS APPLICATION.
I declare under penalty of perjury%thart Zt-hef.megoing is true and
correct:
Date Signature.
Telephone�L 73 A ell
Residence address
TO BE FORWARDED TO FOLLOWING FOR INVESTIGATION & RECOMMENDATION:
Chief of Police
Orange County Harbor District
other
Approved/Denied by Marine Department (and Date)
PO
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
I -I F 0 VLV1\
May 7, 1991 VA. 13
Pacific Adventure Charters
2104 Park Avenue
Balboa Island, CA 92662
c/o Karen Stallcup
Re: Notice of Decision, Commercial Harbor Permit Application for
Pacific Adventure Charters
Dear Ms. Stallcup:
The Marine Director has denied your application for a Commercial
Harbor Permit to conduct harbor tour operations from 504 South Bay
Front, Balboa Island, Newport Beach, CA, pursuant to Chapter 17.41
of the Newport Beach Municipal Code, Section 17.41.050. The
decision to deny your application is based on the findings attached
as Exhibit A hereto.
You have the right to appeal any aspect of the Marine Department
decision to the city Council. The appeal must be in writing and
filed with the City Clerk no later than fifteen days after the date
of this letter. You are required to specify the facts and
circumstances that form the basis of your appeal.
Please contact Tony Melum at 644-3044 if you have any questions
regarding this Notice of Decision, or any related matter.
sincerely yours,
David Harshbarger
Marine Director
3300 Newport Boulevard, Newport Beach
EXHIBIT "A"
Findings in support of denial of Commercial Harbor Activities
Permit for Pacific Adventure Charters:
I have reviewed and considered the written material submitted in
conjunction with the application for a Commercial Harbor Permit
authorizing vessel tour operations from 504 South Bay Front, Balboa
Island.
After considering the application and the evidence submitted by the
applicant the Marine Department finds as follows:
-parking for the operation is provided at a remote site at
1. All
the corner of Park Avenue and Agate "on Balboa Island. The
applicant indicates that 20 spaces are available at the site. The
site is approximately three tenths of a mile from the boarding
location. The proposed business is for a walk-on, per head
passenger tour business. The Marine Department feels that because
of the nature of such a charter operation, it is very unlikely that
the parking facility would be used by the customers of the
operation.
2. There is no pumpout facility at the commercial location, a's
required by section 17.30 of the Newport Beach Municipal Code. The
applicant has indicated that they have under lease a pumpout
station across the harbor at the FunZone Marina. , This proposed
location is remote from the site, is a public pumpout station
adjacent to transient slips that, if used, would prohibit a vessel
of the size. proposed by the charter to access the pumpout facility
itself . The Marine Department therefore feels that the remote
pumpout site does not satisfy the requirements of Section 17.30 of
the Municipal Code.
3. The Marine Department has recently approved a Commercial Harbor
Activities Permit at this particular site for the operation of an
electric boat rental business. At the time of this approval, the
Orange County Sheriff's Harbor Patrol indicated concern as to the
intensity of use at this location due to the large amount of
traffic generated by the adjacent Balboa Island Ferry, and would
recommend against further commercial activities of this type.
Based on the above, the Marine Department feels that the proposed
commercial activity is apt to create marine traffic congestion,
interfere with the rights of others to use the waters of Newport
Harbor, and might contribute to the problems of pollution on or in
the waters of Newport Beach. For these reasons the Marine
Department denies the subject application.
David Harshbarger, Marine Director, City of Newport Beach
ROBERT H. TELLER
504 SOUTH BAY FRONT
BALBOA ISLAND, NEWPORT BEACH
CALIFORNIA 92662
(714) 723-6665, FAX (714) 723-6659
April 8, 1991
Toni Mellon
City of Newport Beach
Marine Division
RE: Parking
Please be advised that 6 parking spaces will be made available to Pacific
Adventurer Yacht Charters on Saturdays.and Sundays, contingent upon our
signing a lease.
Sincerely,
Robert H. Teller
R H T! h]
7HU SE:AVIE:W 714677 '�4�21B
JOSE DE MIGUEL
6 --2217
73
April 25, 1991
mr:': T66 i mellum
Ci..ty.'.b". ewport Beach
marine-.0ppartment
Rr�� A.�..;fjvlty Permit
0 �M.
": I M
ear t ellum.
P 1: a s:� d-l''b"le advised thza <1ease is being proposed �etween Bruce Nott aod�
th� I f W'11`1 give me parkin'q spaces on the corner of Park and Agate oh
nd
W-sh, to ask your department to proceed with my application at this tJ'
I �am'qsilng that a permit be Issued subject to a lease as described a�6
Th.,.a' n k 'yo very much.
Sincerely,
io�� De Miguel
P. 01
B:�l P4
nd
STEWART R. SUCHMAN
TEE) A. GALFIN
KENNETH D. PASSON
LORRAINE KAY BROWN
MICHAEL R. ADAMS
MICHAEL J. RUBINO
WILLIAM E. ALSNAUER, JR.
SUCHMAN, GALFIN F6 PASSION
ATTORNEYS AT LAW
EAST TOWER, SUITE 420
5000 BIRCH STREET
NEWPORT BEACH, CALIFORNIA 92660
TELEPHONE FACSIMILE
(7J4) 7S2-2444 (714) 633-8256
May 22, 1991
Dave Harshbarger, Director
Marine Department
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92659-1768
Re: Robert H. Teller
Annual Pier Permit 256-0504-1
504 South Bay Front, Balboa Island
Dear Mr. Harshbarger:
OF COUNSEL
ROBERT A. FOSTER [I
OF COUNSEL
BETTY L. KOONTZ*
'PRACTICE LIMITED TO ESTATE
PLANNING. PROBATE a T—ST
As we discussed during our recent telephone conversation, enclosed
you will find our client's check for the sum of $2,040.10 in
payment of his annual pier permit and a copy of the statement dated
May 7, 1991 which he received from the City of Newport Beach.
Pursuant to your instructions, this check does not include the past
due penalty of $1,020.05 because, as we discussed, the May 7, 1991
statement was the first statement Mr. Teller received and it is our
understanding that the penalty will be abated.
Thank you for your assistance in this matter. Please do not
hesitate to call me if you have any questions or require any
additional information.
Very truly yours,
SUCHMAN, GALFIN & PASSON
By: 9z L/I
MICHAEL R. ADAMS
MRA: cab
Enclosures
bofgenel.har
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j
fl',R0BERT H-._,T(ELLER.' 1-7
14 -BAY 0,
504 �Out H, -,BAY FRO
BALBOA ISLAND;kEW�OiT
CALIF0JW[A'926 2,
723,
(714)723-6��, �AX (T
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Z
Mr W�S,� Apiiiind
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IP
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
June 10, 1998
8a
JUN 11
Robert Teller ......
504 South Bay Front
Newport Beach, Ca 92662
Re: Pier Permit CP25605041
Dear Mr. Teller
The City of Newport Beach Fire and Marine Department has received a
complaint from the Balboa Ferry Company that the vessel side -tied to
the pier bayward of 504 South Bay Front, is too large and restricting the
commercial use of their property.
A field inspection revealed that the above mentioned vessel is berthed
in a position that impacts the traditional use of the ferry's operation.
When you originally applied for a revision of this pier it was granted
with the understanding that activities associated with the use of your
pier would not disrupt the long established ferry operations.
The Marine Environmental Management Division has the authority to
place additional conditions on your harbor permit and will if you are
unable to work this situation out to an amicable solution with the ferry
company.
Please reiocate this vessel within 10 working days from the date on this
letter.
Your cooperation will be greatly appreciated.
Sincerely,
tp
Wes Armand
Fire and Marine Department
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
June 10, 1998
Robert Teller
504 South Bay Front
Newport Beach, Ca 92662
Re: Pier Permit CP25605041
Dear Mr. Teller
The City of Newport Beach Fire and Marine Department has received a
complaint from the Balboa Ferry Company that the vessel side -tied to
the pier bayward of 504 South Bay Front, is too large and restricting the
commercial use of their property.
A field inspection revealed that the above mentioned vessel is berthed
in a position that impacts the traditional use of the ferry"s operation.
When you originally applied for a revision of this pier it was granted
with the understanding that activities associated with the use of your
pier would not disrupt the long established ferry operations.
The Marine Environmental Management Division has the authority to
place additional conditions on your harbor permit and will if you are
unable to work this situation out to an an-dcable solution with the ferry
company.
Please relocate this vessel within 10 working days from the date on this
letter.
Your cooperation will be greatly appreciated.
Sincerely,
- ��A -
tiv
Wes Armand
Fire and Maxine Department
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT
HARBOR PERMIT APPLICATION (Please print all information)
ROBERT TRTLFR 5
1. Applicant (Property Owner) Address Telephone
504 S. BAYFRONT BALBOA ISLAND
2. Project Address (Street Tddress) Harbor Permit Number
3. New Construction Revision Maintenance — Dredging X
Check No. Da I ff
,�,5; te
4. Fee F .— :2,1
5. Brief Description of Proposed Work: JET PUMP 5 0 0 CUBIC YARDS OF SAND
6. Submit 8 1/2" x 11" Drawings (3), Include:
1). Location and dimension of proposed structure including piles and location of existing structures.
on adjacent properties.
2). Location of bulkhead, pierhead and project lines.
3). Location of property lines.
4). Location of channel markers within 200 feet -
5). Lot sizes and lot numbers, if available.
6). Existing ground profile beneath proposed structure.
7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W_
8)_ Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W.
9). Any special conditions affecting the construction or affecting boating operations.
10).Complete all information required in information block, bottom of sheet. Note that the OWNER.
of the property is the applicant.
1 1).Drawing size shall be 8 - 1/2" x 11
12).Scale shall be adequate to clearly show the * above information.
13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines.
7. owner -Builder Declaration must be co (on reverse side his sheet)
ate:
8. Applicanfs/Agent's Signature: - ?4 1
Joint Permittee Signature (if appTcai�lle): ( I ' 3ate:
9. Work can begin once the City has received evidence of the following additional approvals and you have
been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach
Municipal Code and subject to penalties.
10. Your permit will not be final until we have conducted an on site. inspection once construction is
completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection.
OFFICE USE ONLY
Approval in Concept.
Date
Approval of the City of Newport beach Council-
Date
Approval of the Army Corps of Engineers
Date
Approval of the California Coastal Commission.
Date
Approval of the City's Public Works Department.
Date
Approval of the City's Building Department.
Date
Approval of County of Orange.
Date
Electrical and/or plumbing permit (Building Department)
Date
Issued. (Permit is stamped drawing)
Date
Site Inspection. (call 644-3043 for appointment)
Date
Site Re -Inspection
Date
Conditions:
OWNER -BUILDER DECLARATION
I hereby affirm that I am exempt from the contractor's license law for the following reasons:
(Sec. 7031d.5, Business and professions Code). Any 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 perinlit to file a signed statement that he is licensed pursuant to the
provision 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 penalty for not more than five hundred dollars ($500).
- 1, as owner of the property, or my employees with wages as their sole compensation,
will do the work, and the structuxe is not intended or offered for sale (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 through 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 purpose of sale).
__ 2 1 1, as owner of the property, am exclusively contracting with licensed 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 improves thereon, and who contracts for
such projects who builds or improves thereon, and who contracts for such plojects with a
Contractor(s) License pursuant to the Contractor's Lice
Law). z 2 /1(
_5W
I in exempt under Sec. of Business anfFrofessional Code for flus rea
Owner's Si
,gnattd e/- "-7
Contract6r: I
Address:
License qA: State Boa -4 T4oe,.'. Z� b
License Contractor's Declaration
Date:
Telephone:
.City License N
I herebv affirm that I am licensed under provisions of Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code, and my license is in full force and
effect.
Contractor's Signature Date:
PERMIT NO - C- Z5�; -5;-0 V"
DREDGING APPLICATION
Project Location: 504 SO- BAYFRONT BALBOA ISLAND
cubic Yards to be Dredged: 5oo CUBIC YARDS
Method of Dredging: JET PUMP TO TRUCKS
Nature of Dredged Material: SAND
Disposition of Dredged Material: HAUL TO IRVINE CO. CONSTUCTION SITE
AT BAKE PRKY. AND IRVINE CTR RD.
Method of Material Disposition: PUMP TO TRUCK
Turbidity Control Method: SCREENS IF NECASSARY
Ef f ect of dredging on "contiguous bulkheading and beaches NONE
I JACK BENSON 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.
ROBERT TELLER
name)
JACK BENSON
(Contractor -type name
Signed I
Date) CTn ra or'-
_40res tative
i7- "C/7,
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CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT
HARBOR PERMIT APPLICATION (Please print all information)
ROBERT TET,LER 5 949-723-6660
1. Applicant (Property Owner) Address Telephone
504 S. BAYFRONT BALBOA ISLAND .2 — 5!!�
2. Project Address (Street Address) Harbor Permit NumffieF t
3. New Construction Revision _ Maintenance Dredging X
4. Fee Check No. Date
5. Brief Description of Proposed Work: JET PUMP 5 0 0 CUBIC YARDS OF SAND
6. Submit 8 1/2" x 11" Drawings (3), Include:
1). Location and dimension of proposed structure including piles and location of existing struct ures.
on adjacent properties.
2). Location of bulkhead, pierhead and project lines.
3). Location of property lines.
4). Location of channel markers within 200 feet.
5). Lot sizes and lot numbers, if available.
6). Existing ground profile beneath proposed structure.
7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W.
8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W.
9). Any special conditions affecting the construction or affecting boating operations.
10).Complete all information required in information block, bottom of sheet. Note that the OWNER.
of the property is the applicant.
11). Drawing size shall be 8 - 1/2" x 11
12).Scale shall be adequate to clearly show the above information.
13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines.
7. Owner -Builder Declaration must be co'no (on reverse side gf�his sheet)
8. Applicant's/Agenfs Signature:
Joint Permittee Signature (if apXayle)- Date:
9. Work can begin once the City has received evidence of the following additional approvals and you have
been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach
Municipal Code and subject to penalties.
10. Your permit will not be final until we have conducted an on site inspection once construction is
completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection.
OFFICE USE ONLY
Approval in Concept.
Approval of the City of Newport Beach Council.
Approval of the Army Corps of Engineers
Approval of the California Coastal Commission.
Approval of the City's Public Works Department.
Approval of the City's Building Department.
Approval of County of Orange.
Electrical and/or plumbing permit (Building Department)
Issued. (Permit is stamped drawing)
Site Inspection. (call 644-3043 for appointment)
Site Re -Inspection
Conditions:
Date
Date
Date
Date
Date
Date
Date
Date
Date
Date
Date
OV%7NER-BUILDER DECLARATION
I hereby affirm that I am exempt from the contractor's license law for the following reasons:
(Sec. 7031d.5, Business and professions Code). Any 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
provision 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 penalty for not more than five hundred dollars ($500).
I, as owner of the property, or my employees with wages as their sole compensation,
will do the work, and the structure is not intended or offered for sale (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 through 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 purpose of sale).
I, as owner of the property, am exclusively contracting vAth licensed contractors to
c nstruct the project (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 contracts for
such projects who builds or improves thereon, and who contracts for Suchn p .
Sojects with a
Contractor(s) License suant to the Contractor's Lice Law).
IPr
exempt under Sec. of Business an Professional Code for tthis rea �on:
Owner's Si
Contrac or:
e, 0
Address: n
License da4s: State Board Not
License Contractor's Declaration
I hereby affirm that I am licensed under provisions
7000) of Division 3 of the Busine I
_ss-aiid Professions
effect.
Contractor's Signature
Date:
Telephone: eo
City License No.
of Chapter 9 (commencing with Section
Code, and my license is in full force and
Date: X
PERMIT NO.
I- DREDGING APPLICATION
Project Location: 504 S,O.,:BAYFRONT BALBOA ISLAND
Cubic Yards to be Dredged: 5oo CUBIC YARDS
Method of Dredging: JET PUMP TO TRUCKS
Nature of Dredged Material: SAND
Disposition of Dredged Material: -HAUL -TO IRVINE CO. CONSTUCTION SITE
AT BAKE PRKY. AND IRVINE CTR RD.
Method of Material Disposition: PUMP TO TRUCK
Turbidity Control Method: SCREENS IF NECASSARY
Effect of dredging on 'contiguous bulkheading and beaches NONE
I, JACK BENSON hereby state that I have read the U. S. Army
(print name)
Corps of Engineers permit for maintenance dredging in.liewport 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.
ROBERT TELLER
(App ant -type name)
(Date
JACK BENSON
--(Contractor-type,name)
Signed:
'ntrad-or
es tative
3
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02/24/2005
CITY OF NEWPORT BEACH
COMPLETE
FINAL LETTER
Q
HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660 -Z �561
Tom Rossmiller - 949-644-3041 Chris Miller - 949-644-3043
FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915
Nadine Morris - 949-644-3105
ROBERT TELLER Permit number: HC2004-048
504 SOUTH BAY FRONT Location 504.00 S BAY FRONT
NEWPORT BEACH, CA 92662 Status: CLOSED
Dear Commercial Pier Permittee,
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.
CHRIS MILLER - HARBOR RESOURCES SUPER VISOR
NADINE MORRIS - FIRE DEPARTMENT INSPECTOR
Page 1 of 2
CITY OF NEWPORT BEACH
FINAL LETTER - COMPLETE
HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660
Tom Rossmiller - 949-644-3041 Chris Miller - 949-644-3043
FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915
Nadine Morris - 949-644-3105
ROBERT TELLER
504 SOUTH BAY FRONT
NEWPORT BEACH, CA 92662
DATE COMMENTS
Permit number: HC2004-048
Location 504.00 S BAY FRONT
Status : CLOSED
02/24/2005
Multiple Berthing 12/16/2004 All boats shall be readily removed in an emergency without the necessity of moving other boats. At
the time of the inspection, all vessels were removed from docks. Inspection based on November
2003 photo which showed multiple berthing. This configuration was verified as typical. NFPA 303
Chapter 5 Section 5. 1. 1
01/06/2005 Multiple berthing to be discontinued by January 30, 2005.
CHRIS MILLER - HARBOR RESOURCES SUPER VISOR
NADINE MORRIS - FIRE DEPAR TMENT INSPECTOR
Page 2 of 2
Z"
ROIBERT �H. TELLER'
5�64 SOUTH BAY FRONT
'BALBOA ISLAND, NEWPORT,,BEACH
CALIFORNI A 92662
(949) 723-6665, F X-(9'49),723-6659
0-
'N' vember 2 2004
Chris-Nfiller, Harbor Resources Division
- ' C 'N ort Beach,
Ay ort s e WIP
829 Harbor Island'Drive
Newport, Beach,, CA 92660-
Dear/Mr-., Miller.
\�Re` din the dock-at'504 SqathBay Front, port-Bekh
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gar 9 e
fre
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S, unseeker, Yachts.
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
MARINE DEPARTMENT
November 16, 1988
Robert H. Teller
660 Newport Center Drive, #1025
Newport Beach, CA 92660
Re: Harbor Permit 256-504
Dear Mr. Teller:
Attached is your Harbor Permit for the installation of the water side im-
provements at 504 South Bay Front.
Also attached is a copy of the Staff Report which includes those con-
ditions under which the Harbor Permit has been issued. In addition to
these, the permit is further conditioned that you, as Harbor Permittee,
are required to maintain the grid mat once installed should maintenance
become necessary as determined by the City of Newport Beach.
If you have any questions regarding the above, please call me at (714)
Sincerely,
' vol -'4'q
Tony Mel'um
Tidelands Administrator
TM: 1 a
3300 Newport Boulevard, Newport Beach
ROD LUNDIN and ASSOCL.,,ES
90j eignain
10021 Melvin Afe. A
NorfArik,, CA 91324
(213) 349-4493
TO —7
25. &Aeo-f
DATE
JOB NO��r
--ZTTENTION
A
RE�
DESCRIPTION
co-V4,4a 4104#;4
WE ARE SENDING YOU X Attached 0 Under separate cover via the following items:
Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications
-,Copy of letter 0 Change order 0
THESE ARE TRANSMITTED as checked below:
0 For approval El Approved as submitted
For your use El Approved as noted
As requested 0 Returned for corrections
0 For review and comment F1
0 FOR BIDS DUE .19—
REMARKS
• Resubmit—copies for approval
• Submit—copies for distribution
• Return —corrected prints
0 PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNED:
If enclosures are not as noted, kindly notify us at once.
DATE
NO.
DESCRIPTION
co-V4,4a 4104#;4
C
04OU
THESE ARE TRANSMITTED as checked below:
0 For approval El Approved as submitted
For your use El Approved as noted
As requested 0 Returned for corrections
0 For review and comment F1
0 FOR BIDS DUE .19—
REMARKS
• Resubmit—copies for approval
• Submit—copies for distribution
• Return —corrected prints
0 PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNED:
If enclosures are not as noted, kindly notify us at once.
-._
I.
��-
HERTEL THOMPSON ARCH ITECTS
ARCHITECTURE * UnRAN DESIGN
SPACE PLANNING —
901 Civic Center Drive West
.Santa Ana, CA 92703 '
--F C:) F= 7 X I FEE
PROJECT: 504 South Bayfront
85031
DATE: --5j29/87 —TIME-.
PHONE CALL FROMs —PHONE NO.s
PHONE CALL TO.. Tony_Mellum, Marine Department —PHONE NO. 644-3044
CONFERENCE WITH:
PLACEs
SUBJECT: Review of proposed bulkhead reinforcement and. storm drainage outfl-ow.
ITEMS DISCUSSED:
1. Regarding proposed sump outflow pipe with discharge through conc..pier: Better
to connect directly to new storm drain line below sidewalk; check with Dick
Hoffstadt for size.
2. No other comments - Tony has spoken with Dick Hoffstadt & will defer to his
review of drainage details.'
3. Tony will stamp plans after Dick gives his final approval.
ACTION TO BE TAKEN:
1. Hertel to coordinate with'Dick Hoffstadt.
To y Mellum Byron Steigemeyer
BY: n
—COPY to:
Di"k Hoffs'tadt
Rod Lundin
.,,HERTEL THOMPSON ARCHITJS
901 Civic Center Drive West Suite 360
SANTA ANA, CALIFORNIA 92703
(714) 543-0335
DATE
1,1011 NO*
ATTENTION
RE:
WE ARE SENDING YOU X Attached 0 Under separate cover via the following items:
El Shop drawings 0 Prints 0 Plans 0 Samples El Specifications
El Copy of letter El Change order F�
COPIES
DATE
NO�
DESCRIPTION
r
THESE ARE TRANSMITTED as checked below:
P\"Or approval 0 Approved as submitted El Resubmit -copies for approval
0 For your use El Approved as noted 0 Submit -copies for distribution
El As requested E] Returned for corrections El Return -corrected prints
KFor review and comment 0
0 FOR BIDS DUE 19 -El PRINTS RETURNED AFTER LOAN TO US
A
REMARKS // K'
W,
COPY TO
PCX m7��� SIGN EDA91*e_1?!_&11_
PRODUCT 240.2 �� Im, GroW, Ma.. 01471. if enclosures are not as noted, kindly notify us at once.
PROM M2 L� Im. Gtm Mm. 01471. To Od. PHONE TOLL FREE I + BM -225-6380
HERTEL THOMPSON ARCHITECTS
901 Civic Center Drive West Suite 360
SANTA ANA, CALIFORNIA 92703 —
(714) 543-0335
TO
0 7A / V.
DATE
JOB NO. 4:S -j
ATTENTION
RE:
PC 21!!� 5-1—e —6
WE ARE SENDING YOU XAttached 0 Under separate cover via_6m�612 the following items:
• Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications
• Copy of letter 0 Change order 0
COPIES DATE NO. DESCRIPTION
zf-LZ-7- A
THESE ARE TRANSMITTED as checked below:
• For approval 0 Approved as submitted
• For your use El Approved as noted
El As requested 0 Returned for corrections
>( For review and comment EJ
0 FOR BIDS DUE 19
REMARKS ��� t __T &Ve Aw 6a
El Resubmit -copies for approval
• Submit -copies for distribution
• Return -corrected prints
0 PRINTS RETURNED AFTER LOAN TO US
! I V
All
PROOIV 240�2 I., Gdw M... 0 14 71. b Oder PHONE TOLL FREE 1+ 800 .225-6380
HERTEL THOMPSON ARCHITECTS
901 Civic Center Drive West Suite 360
SANTA ANA, CALIFORNIA 92703
(714) 543-0335
TO
(9� 046
WE ARE SENDING YOU 0 Attached 0 Under separate cover via the following items:
[I Shop drawings El Prints 0 Plans 0 Samples El Specifications
0 Copy of letter 0 Change order 0
COPIES DATV
wljoatl
ATTENTION
0'
4,
V
WE ARE SENDING YOU 0 Attached 0 Under separate cover via the following items:
[I Shop drawings El Prints 0 Plans 0 Samples El Specifications
0 Copy of letter 0 Change order 0
COPIES DATV
NO.
DESCRIPTION
0'
Al -
V
'C AL
T_r
THESE ARE TRANSMITTED as checked below:
XFor approval 0 Approved as submitted
• For your use 0 Approved as noted
• As requested El Returned for corrections
AV'For review and comment 0
0 FOR BIDS DUE 19 --
REMARKS 1��6 .
El Resubmit -copies for approval
• Submit -copies for distribution
• Return -corrected prints
EJ PRII`jTS RETURNED AFTER LOAN TO US
!TATE 6. -CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Govemor
C . ALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA
245 WEST BROADWAY, SUITE 380
LONG BEACH, CA 90802
(213) 590-5071
November 17, 1986/do
COASTAL DEVELOPMENT PERMIT NO. 5-86-506
Page.1 of 2
On October 9, 1986 . the California Coastal Commission granted to
Robert Teller
this permit for the development described below, subject to the attached
Standard and Special Conditions.
DESCRIPTION AND SITE:
Demolition of a vacant commercial/residential structure, and construction of a
three-story, 7,300 square -foot commercial/residential structure with 12
on-site parking spaces.
7
Site: 504 SoUt h Bayfront, Newport Beach, Orange County.
Issued on behalf of the California Coastal Commission by
PETER DOUGLAS
Executive Director
By: --------
Coastal Program Analyst
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE..
ACKNOWLEDGEMENT
The undersigned permittee acknowledges
receipt of this permit and agrees to
abide by all terms and conditions
thereof.
d -J � 1,,e4
Date S i g n a fd de __ _0 f_"Iif�_e
0
V
5-86-506
Page 2
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgement. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration ' . If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must
be made prior to the expiration date.
3. Compliance. All development must 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.
4. Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect the site
and the development during construction, subject to 24—hour advance notice.
6. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee
to bind all future owners and possessors of the subject property to the
terms and conditions.
SPECIAL CONDITION:
1. Prior to transmittal of a permit, the applicant shall submit to the
Executive Director an evidence, that adequate funds to restore the
same area of the Upper Newport Bay Ecological Preserve as the dredged
area of this project have been deposited to the City of Newport
Beach. The amount of the funds shall be determined by the California
Department of Fish and Game.
1769A
CITY OF NEWPORT BEACH
IS X P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
November 3, 1986
Mr. Robert Teller
660 Newport Center Drive
-Suite 1025
Newport Beach, CA'92660
Subject: Harbor Permit 256504 for the property at 504 South Bay Front
Dear Mx. Teller:
The purpose of this letter is to document the fact that on October
21stj 1986, we received from you a check in the amount of $6,000.
The purpose of this check was offsight mitigation to cover the twelve
hundred cubic yards of material that -will be dredged in and around .
your sight during construction. It is my understanding, through fish
and -game, that the current cost per cubic yard�for upper bay -mitigation
is $5.00 per cubic yard. Therefore by taking -the 1,200 cubic yards that
*11 be disposing of times the $5.00 per cubic yard is the basis of
you wi
.the $6,000 figure.
It is also my -understanding that this figure and a one.to.one mitigation
-has been.agreed upon with yourself, the Army Corps of -Engineers and.the
California Coastal Commission.
If you have any questions in this regard, please contact me at 644-3044.
Sincerely,
Ton:y�M,
Tidelands Administrator
TM: la
cc: Rod Lundin & Associates
Don Hertel
piivli� 111,111111111
MKI WL &_A 0
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ITA 181.
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6—m av
DOLLARS
"00'Q WESTCLIFF OFME
4504 Wesftliff Dd,,
Newport, seach, callio,'l,
J:12220049
Al
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7-7
Teller Property, Balboa
PROPOSED DREDGING
STUDY
■
July .•
ffc 0
BROWN AND CALDWELL
CONSULTING ENGINEERS
BROWN AND CALDWELL 16
CONSULTING ENGINEERS
July 2, 1986
Mr. Byron Stiegemeyer
Bob's Old Fashioned Ice Cream
Suite 1025
660 Newport Center Drive
Newport Beach, California 92660 12-2851-01/2
Subject; Field Explorations and Analytical. Chemistry
Tests for Proposed Dredging at Teller Property,
Balboa Island
Dear Mr. Stiegemeyer:
This letter report summarizes the results of soil sampling and
testing of materials to be dredged from the bay adjacent to the
Teller Property at 504 and 506 South Bay Front, Newport Beach. The
site ground surface contours and boring locations are shown on
Figure 1. Work was restricted to that specified by Mr. Rod Lundin.
Proposed dredging plans were examined and borings were located at
the toe of the proposed articulated precast concrete mat with all
borings extending 2 feet below the lowest level of proposed dredging
per Mr. Lundin's direction (Figure 2). Representative samples . of
soils encountered were tested to determine particle size distri-
bution and to evaluate for concentrations of cadmium, lead, mercury,
zinc, and oil and grease.
Soil Borings
Soil Borings 1, 2, and 3 were hand-augered to depths of 8-, 10-,
and 11 -feet deep, respectively. This brought the bottom elevation
of each boring to -10 MLLW as noted in Figure 2. The ground
surface at Boring 1 is at -2 MLLW and is covered by ocean water
most of the time, except for periods of very low tides. Conse-
quently, the first 1 foot.of boring was muck (PT under the Unified
Soil Classification system). The remaining soil was poorly -graded
sand (SP) with minor silts. The ground surfaces at Borings 2 and 3
are 0 and +1 MLLW, respectively, and are exposed except during the
high tides. Soil at Borings 2 and 3 was poorly -graded sand
(SP). Samples of all three borings were continuously composited
during augering to yield a representative sample for analytical
chemistry and particle size distribution.analyses. Samples for
analytical chemistry analyses were sealed with teflon into clean
brass tubes, capped,.chilled on-site, and transported to the Brown
and Caldwell Analytical Laboratory in Pasadena. Further detail of
the soil borings is included in the attached boring logs.
150 SOUTH ARROYO PARKWAY - P.O. BOX 7103, PASADENA, CA 91109 (818) 577-1020 (714) 971-0504
Mr. Byron stiegemeyer
July 2, 1986
Page two
Testing Results
Tests for particle size distribution by
Converse Consultants
Pasadena confirm the field observations
that the material to be
dredged is poorly -graded sand. The particle
size distribution is
in accordance with�the U.S. Army Corps of
Engineers' guidelines for
ocean disposal. Plots. of particle size
distribution and analytical
chemistry results are attached behind the
boring logs.
We hope this data will aid you in having
a successful project.
Please call me if we can be of further assistance.
Very truly yours,
B WN AND
W,
�LDWELL
P rvaiz Anwar
Chief Engineer
VIJAY KUMA BEDI
No. EG 1247
CER D
OGIST
Robert A. Dixon
tp. UP. 6/30188
Project Manager
I '4'OF CA \�"J'
RAD:em
Enclosure
BROWN AND CALDWELL
150 SOUTH ARROYO PARKWAY - P.O. BOX 7103, PASADENA, CA 91109 (818) 577-1020 (714) 971-0504
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CLEAN
, .06.
GW
Well graded grovels. gravel-sond mixtures.
little'or no fines.
GRAVELS
GRAVELS
(more than 50% of
(LiHIS or no fines)
GP
Poorly graded grovels or groviiii-sond mixtures,
liftle or no fines.
coarse fraction is
LARGER than the
No. 4 sieve size)
GRAVELS
GM
Silty grovels, gravel- sand -silt mixtures.
WITH FINES
COARSE
GRAINED
(Appreciable amt.
of fines)
GC
Cioyey grovels, gravel- sand -clay mixturesi
SOILS
(More than 50% of
material is LARGER
SW
Well graded sands, gravelly sands, little or
no fines.
than No.200 sieve
size)
SANDS
CLEAN SANDS
(Little or no f ines
SP
Poorly graded sands or gravelly sands, little
or no fines.
(More than 50 % of
coarse fraction is
SMALLER than the
No. 4 sieve size)
SANDS
I
SM
Silty sands, sand -sift mixtures.
WiTH FINES
(Appreciable amt.
of fines)
S C
Clayey sands,sand-cfay mixtures.
Inorganic silts and very fine sands, rock flour,
ML
silty or clayey fine sands or clayey silts
with slight plasticity.
SILTS AND CLAYS
(Liquid limit LESS than 50)
CL
Inorganic clays of low to medium plasticity,
gravelly clays, sandy clays, silty clays, ieon
I clays.
OL
Organic silts and organic silly clays of low
plasticity .
FINE
GRAINED
SOILS
(More thom 50% of
material is SMALLER
MH
Inorganic silts, micaceous or dictomaceaus
fine sandy or silly soils, elastic silts.
than No.200 sieve
size)
SILTS AND CLAYS
(Liquid limit GREATER than 50)
CH
Inorganic clays of high plasticity, fat clays.
OH
Organic clays of medium to high plasticity ,
organic silts.
HIGHLY ORGANIC SOILS
Pj
Peat and other highly organic soils.
BOUNDARY CLASSIFICATIONS: Soils possessing characteristics of two groups are designated by
combinations of group symbols.
_P A R T I C L E S I Z E L I M I T S
SILT OR CLAY
SAND
GRAVEL
COBBLES I BOULDERS
FINE
L_
MEDIUM
CO&ASE
I
FINE
I COARSE
NO. 200 MM 40 NO.10 NO.4 -* in. Sim.
u. S. S T A N 0 A R 0 S I E V E S I Z E
UNIFIED SOIL CLASSIFICATION SYSTEM
Reference :
The Unified Soil Closiificalion System, Corps of Brown and
Engineers, U. S. Army Technical Memorandum No. 3-357, Caldwell
Vol. 1, March, 1953. (Revised April, 19SO)
Brown and BORING LOG
Caldwell
Project Name. BALBOA ISLAND DREDGING STUDY Project Number 2851-01
I T
Soil Boring rM Monitoring Well Cl- Boring/Well Number 1
Sheet 1 .,Of 1
Boring Location: 26' from bulkhead on -2 MLLW--- Contour
Elevation and Datunt -2 to -10 MLLW
Drilling Contractor: Brown & Caldwell
Driller K.Von Aspern
Date Started 6/11/8
Date Firished:6/11/86
Drilling Equipment: Hand auger
Borehole Diameter: 3
Completed
Depth: (feet)
Water Depth: Saturated
(feet)
Sampling Method: California Modiffed(:3 Shelby-Tubeo Split Spoono
WEE CONSTRUC-nON
Drilling Fluid- N/A
Type d.0lameter N/A
of WX Casi
Backfill Materiat N/A
Slot Size: NrA7R[ter
Material. N/A
Logged By. R. A. Dixon
Checked By, Vijay Bedi
Development Method N/A
Graphic Log
C3
U
Description
0
Q
CM
.2
(M
C
-S
Remarks
0
CO
:3
PT
Bay bottom muck, black,.strong
Samples for particle
organicbenthose odor.
size distribution
-SP
Poorly graded sand, medium to
Z
ana,lysis and
medium fine, gray, color chzLnge
-W
analytical chemical
to tan.
0
U)
analyses composited
continuously during
a)
4J I
boring.
r-4
>
04:
04 M
0
I . 0-
1S-
7:
20
Ground surface is
exposed only during
the lowest of tides
in the season.
25—
Brown and BORING LOG
Caldweil
Project Name. BALBOA ISLAND DREDGING STUDY Project Number 2851-01
Soil Boring Monitoring Well BoringiWell Number Sheet -L—'Of 1
Boring Location- 24 1 f rom bulkhead on 0 MLLW contour
Elevation and Datum: 0 to -10 MLLW
Drilling Contractor: Brown & Caldwell
D Her K.Von Aspern
Date Started: 6/11/86
Date FiNshed:6/11/86
'Drilling Equipment Hand auger
BorehoieDlametert 3"
Completed
Depth: (feet) 10
Water Depth:
t
(f eet) saturated
Sampling Method: California. Modified 0 Shelby TubeO Split Spoono
WELL CONSTRUCTION
Drilling Fluid: N/A
Type and Diameter
of ell C4sincc N/A
Backfill Materist N/A
Slot Size: N/A
Filter Material. N/A
Logged By' R.A. Dixon
Thecked BY* ViJ ay Bedi
Development Method N/A
0)
CL
Graphic Log
Z
"S
Description
0
0
73
-S
U -
-�-a
Remarks
0
-SP
Poorly graded sand, medium to
Samples for particle
medium-f-ine, tan, 10 percent very
size distribution
fine sand, 5 percent coarse,
>1
-1
W
analysis and
5 to 10 percent seashells.
0
analytical chemical
analyses composited
2
continuously during
4J
boring.
0
Cn
Q4
10 -
0
Ground surface is
routinely exposed
during low tides.
20
7:
25—
Brown and BORING. LOG
Caldwell
Project Name: BALBOA ISLAND DREDGING STUDY Project Number 2851-01
Soil Boring Monitoring Well C3 Boring/Weli Number 3 - Sheet 1
Boring Location: 27' from bulkhead on +1 MLLW contour
Elevation and Datufft. +1 to -10 MLLW
Drilling Contractor: Brown & Caldwell
Driller K. Von Aspern
Date Starts&- 6/11/86
Date Finished: 6/11/86
Drilling Equipment: Hand auger
Borehole Diameter: 3
Completed 11
Depth: (feet)
Water Depth: saturated
(feet)
Sampling Method. California ModIfIedC3 Shelby Tube(:], Split SpoonC3
WELL CONSTRUCTION
Drilling Fluid: N/A
T and Diameter
.1,ype
f Well Casing N/A
Backfill Materiat N/A
Slot Size: N/A
I Filter Material. N/A
Logged BY. R. A. Dixon
Checked By, Vijay Bedi
Development Method N/A
Graphic Log
!2 5
-6
Description
0
4)
-a
C3
0
2
LL�
-�.o
Remarks
CL
0
E
Z
a
C
co
(D
<
-SP
Poorly graded sand, medium to -
Samples for particle
medium -fine, tan, 10 percent very 7
size distribution
fine sand, 5 percent coarse,
analysis and
5 to 10 percent seashells.
analytical chemical
--;:I
U)
. :.
>
rd
analyses composited
0
3
.:,:
continuously during
>1
75
boring.
0.
rA
4-1
1a4
ia4
10—
OF
L)
7:
Ground surface is
20-
routinely exposed
during low tides.
25—
Converse Consultant,,-lasadena -,'onsulting Engineers
and Geologists
126 West Del Mar Boulevard
Suite A
Pasadena, California 91105
Telephone 818 795-0461
June 16, 1986 SA
Brown and Caldwell
P.O. Box 7103
Pasadena, California 91109
Attention: Mr. Robert Dixon
Subject: GRAIN SIZE ANALYSES
Seafloor Sample from Newport Bay
CCP Project No. 86-31-331-01
At your request, we performed grain size analyses on 3 samples of
soils which you submitted to this office. The samples were
reportedly obtained from the seafloor in Newport Bay in Orange
County, California.
The results of our analyses are presented on Drawing 1. Sample 1
would technically be classified, in accordance with the Unified Soil
Classification System, as SP/SM, poorly -graded sand and silty sand
as more than 5% was finer than a #200 sieve. Samples 2 and 3 were
poorly -graded sands (SP).
Thank you for the opportunity of being of service.. If you have any
questions, please contact the undersigned.
Respectfully submitted,
CONVERSE CONSULTANTS PASADENA
Leonard T. Evans, Ph.D
Chief Engineer
LTE/djm:86L
Encl: Drawing I
Dist: 3/Addressee
A Wholly Owned Subsidiary of
The Converse Professional Group
uj
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Z;
I
0
i
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LV
4
z
0
c
r lu
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2
0
r
Ch
CD
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CA
Ift
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LAJ
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3ZIS 3A31S 5NIC3NO(=IS3EUCO
NVH-L 63NI--J LN3:)Lf3d
BROWN AND CALDWELL
ANALYTICAL LABORATORIES
LOG NO: P86-06-200
Received: 11 JUN 86
Reported: 02 JUL 86
Rob Dixon
B
rown and Caldwell
150 S. Arroyo Parkway
Pasadena, California 91109 Proiect: 2851-01
REPORT OF ANALYTICAL RESULTS
SAMPLE DESCRIPTION SOIL SAMPLES DATE SAMPLED
LOG NO
11 JUN 86
06-200-2 B#2 (0-10') 11 JUN 86
06-200-3 B#3 (0-1l') 11 JUN 86
---------- ------------------------------------------------- ---------------------
PARAMETER 06-200-1 06-200-2 06-200-3
----------------------------- ---------- ---------- ---------- ---------- ---------
Oil & Grease by Infrared, mg/kg (10 <10 <10
Cadmium, mg/kg <0.5 (0.5 <0.5
Lead, mgikg (13 <13 <13
Mercury, mg/kg 1.0 0.275 <0.21
Zinc, mg/kg 21 17 38
06i25iB6 06i25i86 06/25i86
Nitric Acid Digestion, Date
------- ----------
----------------------------- ---------- ---------- ---------- --
7
Edward Wilson, Laborator 'Director
373 SOUTH FAIR OAKS AVENUE PASADENA, CA91105 (818)795-7553 (213)681-4655
CD
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US . ARMY CORPS PUBIJC NOTICE
of ENGINEERS OF APPLICATION FOR PERMIT
Los Angeles District
Public UticeiWication No. 86 -228 -CH
Date Comment Deadline 13 1986
Interested parties are hereby notified that an a6rffl6ation has been received for a Department of the
Army permit for the activity described below and shown on the attached drawing(s).
Applicant(s) Mr. Robert Teller,
660 Newport Center Drive, Suite 1025 AGE3ff: Rod1undin
Newport Beach, California 92660 Rod Lundin and Associates
9010 Reseda Blvd , Suite 226
Northridge Caliiornia 91324
(818) 349-4493
Location - Newport Harbor, Pacific Ocean at Newport Beach, Orange County, California.
Activity - construct concrete groin wall, dock, pier, and gangway; dispose of about 1200 cu yds of
materials at LA -3 dumpsite, place concrete mats as slope protection. (For more information see page. 2
of this notice.)
Comment and Review Period Interested parties are U.& Aimy Engineer District
invited. to provide their views on the proposed work, ATTN*. SPLCO-R-86-228-CH
which will become a part of the record and will be con-, P. 0. Box 2711.
sidered in the decision. , Comments should be mailed to: Los Angelesp CA 9100.53-2325
Water. Quality - Certification that the proposed discharge will comply with the. applicable effluent
limitations and water quality standards is hereby requested from, the location state. A
i
certification obtained for the construction of any facility must also[ pertain to the� subsequent
operation of the facility.
Coast , al Zone Management - The applicant has qertified that his proposed activity complies with and will
be' conducted in a manner that is consistent with the approved State ;Coastal Zone Mana ement
i 9
Program. The District Engineer hereby requests the California Coastal Commission's concurrence
or nonconcurrence.
Cultural Resources - The latest version of the National Register of Historic Places and other available
archeological and historical information have been reviewed. There are no known cultural
nt�al Environmental Impact of the proposed activity. Additional
resources. within the Area, of Pate i
cultural resources assessment does not appear to be warranted at this time.
Enda . ngered Species - Preliminary determinations indicate that the proposed activity will not affect
endangered species, or their critical habitat, designated as endangered or threatened (Endangered
Species Act). Therefore, formal consultation under Section 7 (c) o? the Act is not required.
s- permit Will'tie issued-ord&ff-wid-Uri-derthe -fallowing authoritlest
Auth6rit'y -Thi---
"X� 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
U.S.C. 1344).
x Transportation of dredged material for purpose of dumping into ocean waters - Section 103, Marine
Protection, Regearch and Sanctuaries Act of 1972 (33 U.S.C. 1413).
PUBL[C NOTICE - APPL[CATION NO. 86 -228 -CH
Ev I aluation - The decision whether to issue apermit 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; among those are conservation, economics, aesthetics, general
environmental concerns, wetlands9 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 23.0) as required by Section 404 (b)(1) of
the Clean Water Act.
ETS Determination - A preliminary determination has been made that an environmental impact statement
is not required for the proposed work.
Public, Hearing - Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider this application. Requests for public hearing shall state with
particularity the reasons for holding a public hearing.
Proposed Activity for Which a Permit is Required construct 60 linear feen of concrete
sheetpile,,, , groin wall; construct a 1900 -square foot dock, construct 11 guide piles, a pier and,
garigway;-place articulated precast concrete mats for slope protection; dispose of about 1200
cubic, yards, of granular dredged materials at EPA interim dumpsite LA -3.
Additional Project Information -
The applicant, Mr. Robert Teller. proposes, to construct a new dock system to replace an.
existing dock system that is deteriorvted in conjunction with new landside facilities. , Thle
applicant� has worked with the U.S. F'sh and Wildlife Service, the National Marine Fisheries
Service, and California Department of Fish and Game to develop a scope of project to address
the concerns of. the resource agencies. Due to severe space restrictions, the proposed project
does not, meet all of the recommendations of the agencies. Therefore, the applicant would be
to contribute to the City of Newport Beach/Fish and Game Mitigation Fund administered
by the City of Newport Beach to mitigate the impacts of the proposed project in the Lower
Newport Bay,,restoring an equal amount of Upper Bay uplands to a marine habitat.
An evaluation of the material to be dredged has been executed by Brown and Caldwell,
Consulting Engineers, Pasadena, California, for the applicant. The document is titled "Teller
Property, Balboa Island: Proposed Dredging Study. July 1986.11 The document is currently
.being evaluated by the -Environmental Planhing Branch of the- Corps of Engineers and the Water
Management Branch of the Environmental Protection Agency.
,OCEAN. DUMPING
a. Location and physical boundaries. LA -3 is about 5 miles SW of the entrance to Newport
Bay. Depth at center is 1420 ft. varies from 1380 to 1450 ft. Radius is about one half mile.
b. Federal site designation. LA -3 is a federally approved indefinite interim location to
receive discharge materials.
c. Site description if not Federally approved. N/A
d. Historic uses of site. The site was designated as a dump site in 1977.
e. Existence and documented effects of. previous dumping. LA -3 disposal site is
contaminated with the heavy metals cadmium, copper, and lead. The presence of these metals
PUBLIC NOTICE - "PL[CATION NO. 86-2kw�CH
are representative by-products of industrial wastes.
f. Estimated length of time of dumping. The dumping is expected to take about three
weeks, depending on available barge size.
ir. Characteristics and composition of dredged material.
Three soil borings were hand-augered to depths of 8-, 10- and 11 -feet deep, respectively. The
ground surface* at boring I was at -2 MLLW and was covered by ocean water most of the time,
except for periods of very low tides. Consequently, the first 1 foot of boring was muck (PT
under the Unified Soil Classification system). The remaining soil was poorly -graded sand (SP)
with minor silts. More than 5% of the soil was finer than a #200 sieve. The ground surfaces. at
Borings 2 and 3 were 0 and +1 MLLW, respectively, and were exposed except during the high
tides. Soil at Borings 2 and 3 was poorly -graded sand (SP). Laboratory results of oil and grease,
cadmium, lead, mercury, and zinc are attached.
For Additional -Informatior! Please -call Cheryl HUI, Regulatory Branch, -(2-13)-994-5606,- -before
3:00 p.m. any work day.
This Public Notice is issued by the Chief, Regulatory Branch.
....................... ..
APPIZO)4. 1&00 C�(. OF 6tZ41QULocht7
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� 17:
Edwa-rd Wilson, La-boratory�Di-rector
373 SOUTH FAIR OAKS AVENUE PASADENA CA 91105 (818) 795-7553 (213) 681-4655
BROWN AND CALDWELL
ANALYTICAL LABORATORIES
LOG NO: P86-06-200
Received: 3.1 JUN 86
Reported: 02 JUL 66
Rob Dixon
Brown and Caldwell
150 S. Arroyo Parkway
Pasadena, California 91109
Project, 2851-01
REPORT OF ANALITICAL
RESULTS
LOG NO SAMPLE DESCRIPTION SOIL SAMPLES
-06---2-00
---------- — ----------
DATE SAMPLED
-------- —
11 JUN 86
06-200-2 B#2 (0-10')
11 JUN 86
06-200-3 B#3 (0-11')
11 JUN 86
PARAMETER
06-200-1
06-200-2 06-200-3
Oil & Grease by Infrared, mg/kg
<10
<10 <10
Cadmium, mg/kg
<0.5
<0..S <0.5
Lead, mg/kg
<13
<13 <13
Mercury, mg/kg
1.0
0.275 (0.21
Zinc, mg/kg
21
17 38
Nitric Acid Digestion, Date
06i25iB6
06i25/86 06/25i86
� 17:
Edwa-rd Wilson, La-boratory�Di-rector
373 SOUTH FAIR OAKS AVENUE PASADENA CA 91105 (818) 795-7553 (213) 681-4655
ROD LUNDIN and ASSOCIMIS
9010 Reseda Blvd. Suite 226
NORTHRIDGE, CALIFORNIA 91324
(2N) 349-4493
TO
3 "3�eo
WE ARE SENDING YOU XAttached El Under separate cover via—
El Shop drawings X Prints 0 Plans
0 Copy of letter 0 Change order 0—
L1EUUM,1 OF UMMMAUUMU
DATE
17 '�I?Ce
I JOB NO.
ATTENTION
RE.
X; P41il
DESCRIPTION
following items:
0 Samples 0 Specifications
COPIES
_DATE
NO.
DESCRIPTION
THESE ARE TRANSMITTED as checked below:
E3 For approval
XFor your use
El As requested
0 For review and comment
0 FOR BIDS DUE
REMARKS
E3 Approved as submitted
El Approved as noted
El Returned for corrections
R
El Resubmit—copies for approval
• Submit—copies for distribution
• Return —corrected prints
19 El PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNED:
If enclosures are not as noted, kindly notify us ar once.
'90/0
2A),
CK
July 9, 1986
Mr. Charles Holt
Chief, Navigation Branch
Los Angeles District
Arqj Corps of Engineers
Post Office Box 2711
Los Angeles, California
90053
NEWPORT BEACH HARBOR
BALBOA ISLAND'
APPLICATION FOR SHEET PILE WALL AND DOCK PROJECT
Dear Chuck:
Enclosed please find an application for Department of Army Permitfor
the subj'ect,project. Also enclosed are: (1) the originals of two (2)
sheets of the application drawings� (2) a copy of Newport Beach City
Harbor Permit No.256-504, with an indication that the project is Cate-
goricaZZy exempt; and (3) four (4) copies of a Field Exploration and.
Laboratory Teats performed by Brown & CaZcijeZZ, dated July 2, 1986. It
is proposed that the granular material to be -removed will be disposed
of at EPA Ocean Site LA -3.
We have worked closely over a period of time with Jack Fancher, Fish &
Wildlife Service; Richard Nitsos_, Department of Fish a I nd Game; and
Robert S. Hoffman-, National Ma2-,ine Fisheries Service, to develop a scope
of project that will address the concerns of those three agenczes. Due
to severe space restrictions, the proposed project does not meet all of
the recommendations of the agencies. Therefor, the Applicant would be
willing to contribute to the City of Newport BeachlFish and Game Miti-
gation Fund administered by the City of Newport Beach to mitigate the
small inpact of this project in the Lower Newport Bay thereby restoring
an equal amount of Upper Bay uplands to -a marine habitat.
Please have members of your Staff contact this office in the event that
they have any questions or if any additional information is required.
Ve t Zy X71
P.
R pdney P.. Lundin
Enclosures President
cc: Buron Stieaemeyer_, w1encZs.
J�ck Fanch�r-, U.S. Fish & Wildlife Service, wlencZs.
Richard Nitsos, State Department of Fish & Game, wlencZs.
Robert S. Hoffman, National Marine Fisheries Service, wlencZs.
Tony MeLum, Tidelands Administrator., City of Newport Beach, wlenczs.
David Neish, Urban Assist, wlencZs., (2)
RPL1dk'z
APPLICATION FOR DEPARTMENT OF THEARMY PERMIT
OMB APPROVAL NO. 0702-0036
(33 CFR 325) . I
Expires 30 June 1986
The Department of the Army permit program is authorized by Section 10 of the River and Harbor Act of 1899, Section 404 of the
Clean Water Act and Section 103 of the Marine, Protection, Research and Sanctuaries Act. These laws require permits authorizing
activities in or affecting navigable waters of the United States, the discharge of dredged or. fill material into waters of the United States,
and the transportation of dredged material for the purpose of dumping it into ocean waters. Information provided on this form will be
used in evaluating the application for a permit. Information in this application is made a matter of public record through issuance of a
public notice. Disclosure of the information requested is voluntary; however, the data requested are necessary in order to communicate
with the applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be
processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must, be
attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having Jurisdic-L..Dn over
the location of the proposed activity. An application that is not completed in full will be returned.
1. APPLICATION NUMBER (To be assigned by Corps)
3. NAME, ADDRESS, AND TITLE OF AUTHORIZED AGENT
Rod Lundin
Rod Lundin and Associates
9010 Reseda Blvd., Suite 226
Northridge California 91324
Telephone no. diring business hours
2. NAME AND ADDRESS OF APPLICANT
Robert Teller
660 Newport Center Drive, Suite 1025
A/C (Residence)
Newport Beach, California
A/C 818) 345- 44� 3 (Office)
Statement of Authorization: I hereby designate and authorize.
92660
Rod Lundi to act in my behalf as my
Telephone no. during business hours
agent in the processing of this permit application and to furnish, upon request.
supplemental information in support of the application.,
AfC (Residence)
SIGNATURE OF APPLICANT
DATE
A/C( 714) 64o-o84o (Office)
I
4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
4a. ACTIVITY
Construct 60 L.F. of Concrete Sheetpile Groin wall, 1900 sq.ft. of Dock, 11 Guide Piles,
Pier and Gangway. Approximately 1200 C.Y. of granular dredge material will be disposed
of at EPA Ocean Dump site LA -3. Articulated precast concrete mats will be used for
slope protection.
4b. PURPOSE
In conjunction with construction of new landside facilities, replace existing dock
system that is seriously deteriorated.
4c. DISCHARGE OF DREDGED OR FILL MATERIAL
To EPA Ocean Dump Site LA -3
tIMU 1-UKM 434b, Apr 83 - EDITION OF 1 OCT 77 15 OBSOLETE . (Proponent: DAEN-GVVQ-NJ
5. NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC., WHOSE PROPERTY ALSO ADJOINS THE WATERWAY
Donald F. Matics Roland F. Vallely
500 So. Bayfront 508 So. Bayfront
Balboa Island, California Balboa Island, California
92662 92662
6. WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
Lower Newport Harbor
SW End of Balboa Island
7. LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
ADDRESS:
504 So. Bayfront Balboa Island, California 92662
STREET, ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION
r;41 i fr-, r -n 1 ;4
ZkUNT STATE ZIP CODE
— City of NewDort Beach
LOCAL GOVERNING BODY WITH JURISDICTION OVER SITE
S. Is any Portion of the activity for which authorization is sought now complete? El YES (2 NO
If answer is "Yes" 9 ive reasons, month and year the activity was completed. indicate the existing work on the drawings.
9. List all approvals or certifications and denials received from other federal, interstate, state or local agencies for any structures. construction,
discharges or other activities described in this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
State Coastal Commission Permit Pending
City of
Aewport Beac'h - Harbor Permit 256-5o4 3/24/86
10. Application is hereby made for a permit or permits to authorize the activities described heroin. I certify that I am familiar with the info rmation contained in
this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that I possess the
authority to undertake the proposed activities or I am acting as the duly authorized agent of the applicant.
7
SIGNATUR)E OF APPLICAN+
DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in Block 3 has been filled Out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The United States
knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any falsefictitious or
fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.
Do not send a permit processing fee with this application. The appropriate fee will be assessed when a permit is issued.
TIDELAND AFFAIRS COMMITTEE
3/4/86
ond! tiDns, -reoui, red i rmit.,256-504,,applicatton by Teller:
-Coastal ommission approval
2. Amy Corps of Engineers approval
3.
4. Plans and specifications must,be approved by Public Works Department
Building permits where necessary:
a. Water
b. Electrical
c. Lighting
6. Fire Department approval
7. Applidant will be required to provi�/e p�rking and restrooms if
the facility becomes a commercial boat dock
8. Boats berthed at subject property -limited to seven vessels at
all times
9.
le,�4,
ROBERT H. TELLER
SUITE 1025
660 NEWPORT CENTER DRIVE
NEWPORT BEACH, CALIFORNIA 92660
714-640-0840
February 24, 1986
Finance Director
City of Newport Beach
3300 W. Newport Blvd.
Newport Beach, CA 92663-3884
Re: Location: 504 S Bay Front
Commercial Pier: 0256-0504-1
Gentlemen:
The abovementioned property was purchased by me on August 9, 1985.
Please change your records to reflect this change in ownership.
Very truly yours,
/2
Robert H. Teller
RHT/cm
BALBOA ISLAND IMPROVEMENT ASSOCIATION
P.0- BOX #64
BALBOA ISLAND. CALIFORNIA 92662
TELEPHONE (714) 675-1773
January 8,1986
Planning Dept.
City of Newport Beach
3300 Newport Blvd.
Newj)ort Beach, CA
Dear Mr. Hei-�icker:
Mr. Mitch Brown and architect Dori Hertel appeared before
the Balboa Island IMprovem�ent Association with plans for Robert
Tellers property at 504 So. Bay Front Balboa Island, formerly
owned by the Union Oil Company.
The Board voted to endorse the prop osed building based on
the preliminary plans presented to us in December.
Sincerely,
01 q
151-�IWAV_
Natalie Fogarty, President
N F / pm
CC: Robert Teller
RECEIVED
JAN 17 iqRs
Aas'd ............
BALBOA ISLAND IMPROVEMENT ASSOCIATION
P.O. BOX #64
BALBOA ISLAND, CALIFORNIA 92662
TELEPHONE (714) 675-1773
February 11,1968
Ruthelyn Plummer, Chairman
Tidelands Affairs Committee
City of Newport Beach
Dear Councilwoman Plummer:
The Balboa Island Improvement Association voted to
conditionally approve the proposed dock on the property at
504 South Bay Front. This approval is subject to the endorse-
ment of these plans by the adjacent property owners directly
affected by the contruction.
The Vallelys and the Matics were mentioned in regard to
this matter. A few board members did voice objections to the
proposed gazebo in the plans,( a vote of nine in favor, three
against with three abscences of board members) but were in
agreement on the overall presentation.
Sincerely,
Natalie Fogarty,
NF/pm
CC: Mitchell K. Brown
CITY OF NEWPORT BEACH
Marine Department
March 24, 1986
AGENDA ITEM NO. I-1
4c)
TO: ---MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT:, TIDELAND AFFAIRSPOtVITTEE RECOMIENDATION, HARBOR PEPMIT
APPLICATION.I256-504.BY BYRON STEIGEM= 'AND ROBERT TELLER
.Recom-ftendation:
If desired, approve.the application. subject to the following. conditions:
1. Grant exceptions to.the following HarborPermit Policies: S ection 17.A.,
23.V.2., and,l.C. These sections are quoted below in the Discussion.
2. California Coastal Ccumission approvaL
3. Army Corps of Engineers approval.
4. Public Works Department approval.of-plans and specifications.
5. Building Department approval -of water! electricity,.and lighting at....
piers and floats.
6. Fire Department approval of fire fighting plan*for a comnercial dock,
7'. That should the piers and*11oats be operatedas a comiercial boat docking
facility,* applicant must:
a. Provide upland:parking as required,by Section 17.A. of Harbor Permit
Policies, and
b. Establish a�15- foot set back at the.bayward most float on the
westerly side.
8. The maximum number of vessels,to be berthed at thefacility shall be
seven.
9. The proposed building on',the float shall:
a. Remain ope�i on all four sides,
b. The maximum height of the building shall be 16 feet.
Discussion:
This application was referred to the Tideland.Affairs Committee by the City
Council at the meeting�of February 24,.1986. On March,7,.1986 the Tideland
Affairs Ccmnittee met with one of the applicants, � Byron Steigemeyer�_and__his
representative Mitch Brown.
The -project was discussed in detail, relative to those sections of the Harbor
Permit Policies which Twould require the City. -Council to.grant an exception:
"All comwxcially operated boat docking facilities,shall provide
0.75 parking stalls for each single boat slip and 0.75 parking stalls for
each 25 feet of available mooringzpace not classified as a slip."
It is the intent of the applicant to opexate the facility as a storage for
brokerage boats for sale only. In the past the Council has waived the parking
requirements for:this type of operations with a condition as listed above
in condition 7.
23.V.2. "South Bay Front between U.S * Bulkhead.Sta. : No. 256 and No. 259.
Piers may�be permitted to extend 10feet channelwara�of theU.S. Pierhead
Line. Dredging around'floats shall not exceed a depth of 2 feet at mean
lower low water along aline.60 feet channelwara of andparallel to the
bulkhedd'line.
Traditionally, in this permit area there have been nopublic beaches and
Public Works Department approval of-the.plans and specifications will assure
protection for the City�bulkhead and adjoining beaches
l.C. "Only piers, floats, certain �patio. decks and their appurtenances
shall be permitted between the bulkhead and pierhead lines."
The applicant has indicated the purpose of this buildihg.on thedocksis to.
carry. out the upland architectural. them from the 1andside - to' -the do�.-ks-_for
an overall blending. The Balboa.Island.inpro�7en-�--nt'Associ-ation voted 9 to 3
in favor of the building on the dockst.with 3abstentions.
The existing pier and floats.are in desperate.need of repair, The current
applicant is.proposingla total demolition of the existing deteriorated
structure and a complete rebuilding.. It is in the City I's best interest to
grant the requested exceptions and to,approve the plan as submitted, with
the conditions recommended above,.to get this much need rehabilitation under
way
DAVID HARSHBARGER, Marine Director
Tony�Melum, Tidelands Administrator
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AGENDA ITEM: J-1
CITY OF NEWPORT BEACH
Marine Department
February 24, 1986
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATION -256-504 BY ROBERT TELLER
AND BYRON STIEGEMEYER TO REVISE THE COMMERCIAL PIER
AND FLOAT BAYWARD OF 504 SOUTH BAY FRONT, BALBOA ISLAND.
Recommendation:
If desired, (1) Deny the application, or
(2) Refer the application.to the Tideland Affairs Committee
for review and recommendation.
Discussion:
This applTcation is before the City Council as required by Section 5.B. and
5.C. of the Harbor Permit Polici*es, which state:
5.B. "Prior approval of the City Council will be required before the
Marine Department may issue any permit that does not conform to standard
drawings and the adopted Harbor Permit Policies.".
5.C. ."Prior approval of the City Council will also.be required before
issuing'a.permit for shore -connected structures when (1) The abutting
upland property is a dedicated public right-of-way except along the
Grand Canal on Balboa Island/"
For the City Counci'l to approve the,revision as submitted it would be
.necessary to grant exceptions to the following Harbor Permit Policy
sections: Sections 17.A., 23.V.2., and 1.C. Exceptions to the policies
can be approved as outlined in.Section 24 of the Harbor Permit Policfes,
which states:
24. "The City,Council may approve exceptions to any of the requirements
and regulations set forth if there are special circumstances or conditions
affecting the harbor installations that would impose undue hardship on
the applicant or if i't would be detrimental to the best.inte,rest of the
Ci ty. 11
As the attach -,d diagram indicates, the applicant proposes removal of the
existing structure, which in the past housed a marine gas dock and related
retail sales facilities, and replace it with a Vessel Brokerage operation
with slips sufficient to berth a maximum of -seven vessels for sale. Because
the only vessels berthed at the location would be vessels for sale, the
applicant is requesting - that the Council waive the requirements of Section
17.A. of the Harbor Permit Policies which state:
17.A. "All commercially operated boat docking facilities shall provide
0.75 parking stalls for each single boat slip and 0.75 parking stalls
for each 25 feet of available mooring space not classified as a slip."
If.the nature of the water side operation changed and it became a commercially
operated boat docking facility, the permittee would have'to comply with the
above quoted section of the Harbor Permit Policies and provide parking for
five vehicles.
To achieve the depth required for�the proposed revision it would be necessary
for the applicant to dredge -in vi-olation of Section 23.V.2. of the
Harbor Permit Policies, which states:
23.V.2. "South Bay Front between U.S. Bulkhead Sta. No. 256 and
No. 259. Piers may be permi'tted to extend 10 feet channelward of
the U.S. Pierhead Line. Dredging around floats shall not exceed a
depth of 2 feet at mean lower low water along a line 60 feet channel -
ward of And parallel to the bulkhead line."
This section of the Harbor Permit Policies was enacted to -protect the
relatively shallow bulkhead panels that support the City sidewalk, and to
provide sandy, sloping beaches bayward of this bulkhead.
To acheiVe the depth the revision.would require, the applicant is proposing
an additional bulkhead bayward of the exi'sting bulkhead, and a groin wall
on the easterly side of the aproperty approxi . mately 60 feet long.
If,�.: Council were to grant an exception.to Section 23.V.2. of the policies
as quoted above, it would be recommended that the -bulkhead and groin wall
plans and specifications be reviewed and approve8 by the Ci'ty's Public
Works Department. In addition to the above, we would fu-rther recommend
that the applicant commi'ssion a review by an independent marine engineering
firm to.determine the effect the proposed groin wall would have.on the
beaches easterly of the project. ,
As the attached drawing'fufther shows, the applicant is requesting that a
.building be constructed:on the'baywardmost portion of the docks. This
building woul:d be used in conjunction with the "vessels,..for sale" use of
the -property. To allow a bui'ldi'ng to be constructed i'n this location is
in violation of Section 1.C. of the Harbor Permit Policies, which states:
1.C. "Only piers, floats,.certain patio decks and their appurtenances
shall'be permitted -between the bulkhead and pierhead li"nes."
In the most recent past, the City Council has allowed exceptions to this
section of the policies I only in connection with gas dock operations.
The applicant further proposes a zero set back on the westerly portion of
the baywardmost float. Thi's would require vessels using the westerly
inner docking area to cross the adjacent permit zone. For this reason it
is recommended that -the westerly secti'on of the baywardmost float be set
back 20 feet from its cqrrent proposed locati,on.
if the City Council does not desire to deny.the applicatton, it is
recommended that, for the above reasons, the application be referred to
the Tideland Affai'rs Committee for review and recommen.dations.
David Rarshbarger
Marine Director
To�ny � e 1 1"P— -
Tidelands Administrator.
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January
23, 1986
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7. The grading permit shall include, if required, a
description of haul routes, access points to the
site and a watering and sweeping program designed
to minimize impact of haul operations.
8. An erosion and dust control plan, if required,
shall be submitted and be subject to the approval
of the Building Department.
9. That an erosion and siltation control plan, if
required, be approved by the California Regional
Water Qual.`.ty Control Board - Santa Ana Region,
and the plan be submitted to said Board ten days
prior to any construction activities.
10. Chimney Heights sha 11 conform with Section
20.02.060 of the Municipal Code.
11. That the on-site driveway shall maintain a minimum
clear width of 18 feet.
12. That the proposed 27 foot wide driveway approach
shall be approved by the City Council.
13. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.08.090 A of the Newport
Beach Municipal Code.
A. Use Permit No. 3178 (Continued Public Hearing)
Request to permit the construction of a combined
residential -commercial structure on property located in
the C-1 District, which exceeds the 26 foot basic
height limit in the 26/35 Foot Height Limitation
District. The proposal also includes a modification to
the .,Zoning Code so as to allow tandem and compact
parking spaces for a portion of the required off-street
parking; a nine foot, nine inch high wall along the
easterly side property line that encroaches nine feet
into the required ten foot rear yard setback; and to
allow a portion of the required parking spaces and a
portion of the second floor of the proposed building to
encroach into the required 10 foot rear yard setback
adjacent to an alley.
AND
O=
INDEX
Item No.4
UP3178
R821
Approved
CUMAISSIONERS January 23, 1986 MINUTES
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Motion
All Ayes
I X
B. Resubdivision No. 821 (Continued Public Hearing)
Request to resubdivide two existing lots and eliminate
an interior lot line so as to create a single building
site on property located in the C-1 District.
LOCATION: Lots 3 and 4, Section One, Block 9,
Balboa Island, located at 504 South Bay
Front, on the northerly side of South
Bay Front between Agate Avenue and Opal
Avenue, on Balboa Island.
ZONE: C-1
APPLICANT: Mitchell K. Brown, Urban Assist, Inc.,
Costa Mesa
OWNERS: Robert and Rita Teller, Newport Beach
The public hearing was opened in connection with this
item, and Mr. Mitchell K. Brown, Urban Assist, Inc.,
3151 Airway, Costa Mesa, appeared before the Planning
Commission on behalf of the applicant. Mr. Brown
presented background information of the property site.
Mr. Brown explained that the proposed concept is for
retail uses consisting of two shops on the first level,
the second level will partially consist of office
space, and the remaining half of the second level and
third level will consist of a townhouse. Mr. Brown
commented that the applicant intends to replace the
existing dock structure. He stated that the 9 foot 9
inch wall along the easterly side property line
referred to in the staff report has been removed. Mr.
Brown stated that the applicant concurs with the
findings and conditions in Exhibit "A".
James Hewicker, Planning Director, stated that no
parking will be available for the boat slips;
therefore, the applicants should be aware that the use
of the boat slips will be restricted only for the
upland users and that the boat slips cannot be rented
or leased. Mr. Brown concurred with the condition.
The public hearing was closed at this time.
Motion was made to approve Use Permit No. 3178 and
Resubdivision No. 821, subject to the findings and
conditions of approval in Exhibit "A". Motion was
voted on, MOTION CARRIED.
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January
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Use Permit No. 3178
FINDINGS:
MINUTES
1. The project is consistent with the adopted goals
and policies of the General Plan and the adopted
Local Coastal Program, Land Use Plan.
2. The increased building height will result in more
public visual open space and views than is
required bi-, the basic height limit inasmuch as
there is a greater amount of open space on the
site adjacent to the public walkway than is
required.
3. The increased building height will result in a
more desirable architectural treatment of the
building and a stronger and more appealing visual
character of the area than is required by the
basic height limit.
4. The increased building height will not result in
undesirable or abrupt scale relationships being
created between the structure and existing devel-
opments or public spaces.
5. The structure will have no more floor area than
could have been achieved without the use permit
for the building height.
6. The project will not have any significant environ-
mental impact.
7. With the exception of the minor building and
parking space encroachments into the required 10
foot rear yard setback and the parapet wall that
exceeds the basic height limit, the proposed
development meets or exceeds all of the
development standards of the C-R District.
8. Adequate off-street parking and related vehicular
circulation are being provided in conjunction with
the proposed development.
9. That the approval of a modification to the zoning
Code, so as to allow the use of compact and tandem
parking spaces as well as to allow portions of the
second floor of the proposed building and a
portion of the on-site parking spaces to encroach
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INDEX
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January
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Beach
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into the required 10 foot rear yard setback will
not, under the circumstances of the particular
case, be detrimental to the health, safety, peace),
comfort and general welfare of persons residing or
working in the neighborhood of such proposed use
or be detrimental or injurious to property and
improvements in the neighborhood or the general
welfare of the City and further that the proposed
modification is consistent with the legislative
intent of Title 20 of this Code.
10. The approval of Use Permit No. 3178 will not,
under the circumstances of this case, be detri-
mental to the health, safety,peace, morals,comfort
and general welfare of persons residing and
working in the neighborhood or be detrimental or
injurious to property and improvements in the
neighborhood or the general welfare of the City.
1. That development shall be in substantial confor-
mance with the approved plot plan, floor plans and
elevations except as may be noted below.
2. That Parking Spaces No. I and 2 shall be designat-
ed for residential use only and shall be clearly
posted as such.
3. That a minimum of 10 on-site parking spaces shall
be provided at all times for the retail and office
uses of the property.
4. That any enclosure of the on-site parking area
shall be open in nature, such as wrought iron or
wire mesh.
5. That the property owner shall record a covenant,
the form and contents of which is acceptable to
the City Attorney, stating that gates or doors
installed to enclose the commercial parking spaces
shall remain open at all times when the commercial
leasable space is open for business. This cove-
nant shall also assure that said parking spaces
shall be used exclusively for off-street parking
for the commercial uses conducted on the site.
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INDEX
COMMISSIONERS January 23, 1986 MINUTES
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6. That a maximum of 6 tandem and 3 compact parking
spaces shall be permitted on-site.
7. That the applicant shall obtain a Harbor Permit
for all development or reconstruction bayward of
the site.
8. That all conditions of approval of Resubdivision
No. 821 shall be fulfilled.
9. That as long as the property is developed with a
structure which exceeds the basic height limit,the
applicant shall record a covenant, of which the
form and content is acceptable to the City
Attorney, binding the applicant and its successors
in interest inperpetuity,to not exceed a
limitation of 1.34 times the buildable area on the
subject property. This is in consideration of
approval of the use permit to exceed the height
limit.
10. That all signs shall be in conformance with the
provisions of Chapter 20.06 of the Municipal Code.
11. The following disclosure statement of the City of
Newport Beach's policy regarding the John Wayne
Airport shall be included in all leases or
subleases for space in the project and shall be
included in any Covenants Conditions, and
Restrictions which may be recorded against any
undeveloped site.
DISCLOSURE STATEMENT
The lessee, his heirs, successors and assigns, herein,
acknowledge that:
a.) The John Wayne Airport will not be able to
provide adequate air service for business
establishments which rely on such service;
b.) The City of Newport Beach will continue to
oppose additional commercial area service
expansions at the John Wayne Airport;
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c.) Lessee, his heirs, successors and assigns,
will not actively oppose any action taken by the
City of Newport Beach to limit jet air service at
the John Wayne Airport.
12. That prior to the occupancy of the residential
unit, a qualified professional engineer practicing
in acoustics, retained by the City at the
applicant's expense shall demonstrate to the
satisfaction of the Planning Director that the
noise impact from adjoining streets and the alley
on the project does not exceed 65 db CNEL for
outside living areas and the requirements of law
for interior spaces.
13. That any roof top or other mechanical equipment
shall be sound attenuated in such a manner as to
achieve a maximum sound level of 55 Dba at the
property lines.
14. That any mechanical equipment or trash containers
shall be screened from view from South Bay Front,
adjoining properties, and the alley.
15. That only one dwelling unit shall be permitted
on-site.
16. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090 A of the Newport
Beach Municipal Code.
Resubdivision No. 821
FINDINGS:
1. That the map meets the requirements of Title 19 of
the Newport Beach Municipal Code, all ordinances
of the City, all applicable general or specific
plans and the Planning Commission is satisfied
with the plan of subdivision.
2. That the proposed resubdivision presents no
problems from a planning standpoint.
-24-
MINUTES
3. That the design of the subdivision or the proposed
improvements will not conflict with any easements
acquired by the public at large for access through
or use of property within the proposed subdivi-
sion.
CONDITIONS:
1. That a parcel map shall be recorded.
2. That arrangements be made with the Public Works
Department in order to guarantee satisfactory
completion of the public improvements, if it is
desired to record a parcel map or obtain a build-
ing permit prior to completion of the public
improvements.
3. That the commercial and residential portions of
the building be served with an individual water
service and sewer lateral connection to the public
water and sewer systems unless otherwise approved
by the Public Works Department,.
4. That the on-site parking, vehicular circulation
and pedestrian circulation systems be subject to
further review by the Traffic Engineer.
5. That the deteriorated portions of sidewalk be
reconstructed along the South Bay Front frontage
under an encroachment permit issued by the Public
Works Department.
6. That County Sanitation District fees be paid prior
to issuance of any building permits.
7. That the proposed structural encroachments shall
be permitted within the 10 foot rear yard setback
provided they maintain a minimum 8 foot vertical
clearance above the alley.
8. That this resubdivision shall expire if the map
has not been recorded within 3 years of the date
of approval,unless an extension is granted by the
Planning Commission.
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January
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3. That the design of the subdivision or the proposed
improvements will not conflict with any easements
acquired by the public at large for access through
or use of property within the proposed subdivi-
sion.
CONDITIONS:
1. That a parcel map shall be recorded.
2. That arrangements be made with the Public Works
Department in order to guarantee satisfactory
completion of the public improvements, if it is
desired to record a parcel map or obtain a build-
ing permit prior to completion of the public
improvements.
3. That the commercial and residential portions of
the building be served with an individual water
service and sewer lateral connection to the public
water and sewer systems unless otherwise approved
by the Public Works Department,.
4. That the on-site parking, vehicular circulation
and pedestrian circulation systems be subject to
further review by the Traffic Engineer.
5. That the deteriorated portions of sidewalk be
reconstructed along the South Bay Front frontage
under an encroachment permit issued by the Public
Works Department.
6. That County Sanitation District fees be paid prior
to issuance of any building permits.
7. That the proposed structural encroachments shall
be permitted within the 10 foot rear yard setback
provided they maintain a minimum 8 foot vertical
clearance above the alley.
8. That this resubdivision shall expire if the map
has not been recorded within 3 years of the date
of approval,unless an extension is granted by the
Planning Commission.
-25-
INDEX
T S 'S S'U A A, A
7110� 'T'Hl 7 Z�1'1" 2 -7,;' ':"�E31 Nlcl� �"Jl-plll"E-�'
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P. 0. BOX 1607 COMPAN'�ES AFFOF D,",,,'NG �'�OVERA,',',. E
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NEWPORT BEACH, CA. 92663
A
AETNA C&S INSURANCE COMPANY
'0 .",A, F A N Y
gm
ER
MISSION NATIONAL INSURANCE COMPANY.
ROBERT H. & RITA TELLER H&W AS JT.
660 NEWPORT CENTER DRIVE, #1025
NEWPORT BEACH, CA. 92660
mo@�
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CONA-PA"J'!
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RE: LOCATION AT 504
SOUTH BAY FRONT, BALBOA
ISLAND, CALIFORNIA.
0, / ADDITIONAL INSURE'D.
C!'" OF NEWPORT BEA%Ai
COUNCIL MEMBERS
00 -5- '5� -7
Q1
March 24, 1986
MINUTES
INDEX
Motion
X
Following further discussion among the
All Ayes
Council, motion was made to introduce
and pass to second reading on April 14,
1986, proposed ORDINANCE NO. 86-5,
being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING CHAPTER 3.16 OF THE
NEWPORT BEACH MUNICIPAL CODE.
PERTAINING TO UNIFORM TRANSIENT
OCCUPANCY TAX.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. Report from the Tidelands Affairs Harbor Perm
Committee regarding HARBOR PERMIT #256-504
APPLICATION #256-504 by Robert Teller �(51)
and Byron Stiegemeyer, was presented.
Report from the Marine Department, dated
February 24, 1986, was presented.
It was noted that this application was
referred to the Tidelands Affairs
Committee by the City Council on
February 24, 1986. On March 7, 1986,
the Tidelands Affairs Committee met with
one of the applicants, Byron Steigemeyer
and his representative Mitch Brown, at
which time the project was discussed in
detail. The.applicant has indicated the
purpose of the building on the docks is
to carry out the upland architectural
theme from the land side to the docks
for an overall blending. The Balboa
Island Improvement Association voted 9
to 3 in favor of the building on the
docks, with 3 abstentions.
With regard to the existing pier and
floats,. which are in desperate need of
repair, it was pointed out that the
applicant is proposing a total
demolition of the deteriorated structure
---and- a -c-omplete- rebui-ld-i-n-g-4--
Motion
X
Following consideration, motion was made
All Ayes
to approve the application to revise the
commercial pier and float bayward of 504
South Bay Front, subject to the
conditions of approval listed in the
staff report.
2. Report from the Executive Assistant to Arts Cmsn/
the City Manager regarding R. BRET PRICE Metalphor
SCULPTURE "METALPHOR," was presented. (24)
Volume 40 - Page 104
-�-,i;ITY OF NEWPORT 6!�ACH
COUNCIL MEMBERS MINUTES
00 0 - 5�
pni i r 1 March 24, 1986 INDEX
Council has a commitment to try and make lUniformTOTx
the industry successful and look to all
options available to successfully fill
those hotels. He also feels the Council
should select the less "cumbersome"
option and have this issue decided by a
majority vote of the Council rather than
2/3 of the electorate.
Council Member Heather stated that she
Ifechoed" Council Member Agee's remarks.
She also felt the Arts Commission made a
good point in their letter of request
for 25% of the proposed 1% increase.
Chip Stuckmeyer, President, Newport
Beach Conference and Visitors Bureau,
addressed the Council and stated that he
"was speaking for the hospitality
industry of Newport Beach, which
includes restaurants, shops and also
hotels. The hotels are not asking for
the money. The hotels are willing to
tax themselves to help promote the City
of Newport Beach. With regard to the
request by the Arts Commission, the
funding to attract visitors to spend
money in the City vs. funding to enhance
art in the City are two different issues
which lie has not been able to discuss
with his board as yet.
Deborah Polonsky, Member of the Arts
Commission and Chairman of Art in Public
Places, addressed the Council and stated
that Newport Beach is a wonderful place
in which to live and a beautiful place
to visit. However, a resource that is
missing is public art. Art in Public
Places wants to expand art from the
museum to the City streets. They are
requesting 25% of the proposed 1%
increase be designated for Art in Public
Places because they believe that their
objectives and those of the Conference
and Visitors Bureau are complimentary.
The Arts Commission promotes sculptural
services for the enrichment and pleasure
of residents and visitors, and the
Conference and Visitors Bureau promotes
Newport Beach as a desirable location
for visitors and conferences. More
visitors would create a need for more
cultural attractions and more cultural
attractions bring more visitors.
Together they could work to enhance the
economic vitality of Newport Beach.
Volume 40 - Page 103
CITY OF NEWPORT" BE4-tH
COUNCIL MEMBERS MINUTES
00 tp
RAI 1, AI February 24, 1986
Mr. Stewart Carl, owner of the
hydro hoist, addressed the Council and
stated that one of their major concerns
when they placed the boat at its present
location, was to make sure it was far
enough beyond the bulkhead to not block
or infringe upon any boat users, which
they do not feel has been done.
Motion
X
Following discussion, motion was made to
All Ayes
uphold staff's recommendation to deny
subject application.
J. CURRENT BUSINESS:
1. Report from Marine Department regarding Harbor Perm
HARBOR PERMIT APPLICATION #256-504 by #256-504
Robert Teller and Byron Stiegemeyer to (51)
revise the commercial pier and float
bayward of 504 South Bayfront, Balboa
Island, was presented.
Mayor Maurer stated that this particular
Harbor Permit was brought before the
Balboa Island Improvement Association,
and they felt that since the subject
property is in a commercial zone, and
inasmuch as the pier and upland property
is proposed to be rebuilt, it would be a
great improvement. In addition, the
Tidelands Affairs Committee did view
this property approximately three to
four months ago. It was not a formal
meeting of the Committee, but one in
which the property was inspected.
Mayor Maurer stated that it was hoped
that at this meeting the subject permit
could be approved without sending it
back to the Tidelands Affairs--Committee-;--
however, there are some Council Members
that feel it should go back to the
Committee in order that certain
conditions can be added to the permit.
In response to Mayor Pro Tem Plummer,
Tony Melum, Tidelands Administrator,
addressed the Council, and stated that
the plans and specifications for the
bulkhead, groin and dock would have to
be approved by the Building and Public
Works Departments as an automatic
condition for the permit unless they
were built according to Standard
Drawings; however, according to the
drawings he has seen, this is not the
case.
Motion
x
Following discussion, motion was made to
refer this item back to the Tidelands
Affairs Committee for report back on
Match 24, 1986.
Volume 40 - Page 71
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
prn)l I A[ February 24, 1986 lNnFy
Mitchell Brown of Urban Assist, Inc.,
representing the applicant, addressed
the -Council and submitted a copy of a
letter to the Mayor from H. S. Beek,
owner of the Balboa Islai�d Ferry,
advising that "as long as the dock and
float arrangement is constructed per the
attached specification sheet, and that
this same plan causes no additional
encroachment into the Ferry docking area
from the present dock layout, and that
the new operation does not interfere
with our exisiting operation, I have no
objections to the construction plans."
All Ayes
The motion was voted on and carried.
K. ADDITIONAL BUSINESS:
Motion
x
1. Motion was made to authorize Council Ofshr Oil
All Ayes
Member Hart to travel to Washington, Drlg
D.C. on February 24 and 25, 1986, to
speak on the City's position regarding
Off -Shore Oil Drilling.
Motion
2. Motion wag made to direct the City NBMC/Bus
All Ayes
Attorney to review Section 5.16 of the Lic
Municipal Code relative to
going-out-of-business",sales and report
back on March 10, 1986.
Meeting adjourned at 10:00 p.m.
Volume 40 Page 72
California Regional Water Quality Control Board
L,%
Santa Ana Region
Winston Hickox Internet Address: http://www.swrcb.ca.gov Gray Davis
Secretaryfor 3737 Main Street, Suite 500, Riverside, California 92501-3348 Governor
Environmental Phone (909) 782-4130 FAX (909) 781-6288
Protection
February 7, 2003
Beth Swift
Swift Slip Dock and Pier Builders
2027 Placentia Avenue
Costa Mesa, CA 92627
PROPOSED REPLACEMENT OF EXISTING DOCK, JOHN VALLELY, 309 PALM
STREET, BALBOA, ORANGE COUNTY
Dear Ms. Swift:
If standard dock construction methods and materials are utilized, this project should not adversely
impact water quality. A statement has been submitted that there will be no waste discharged from
the proposed project., Based on these assurances, clearance is provided.
However, should the Army Corps of Engineers determine that this project requires a Section 404
permit, it will be necessary for the project proponent to obtain from this Board a Water Quality
Certification under Section 401 of the Clean Water Act.
---Sh-oul-d-you-h-ave-any-q-ffesti-o-ns-,-Please-contact-J-.—S-h-ami-at-(909) 782-3288.
Sincerely,
Yi omeno (Jun) T. Martirezjr., P.E.
Chief, Regulations Section
cc: California Coastal Commission, Long Beach
Army Corps of Engineers — Erik Larsen
City of Newport Beach, Marine Department - Tony Meller
JIS/blutagl67let
California Environmental Protection Agency
01 Recycled Paper
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10021 Melvin Ave,
NorthrOge, CA 91324
Mr. Lorenzo C. MiZZer
President
SEA Constructors
1200 SheZZmaker Road
Newport Beach, CaZifornia
92660
TELLER PROJECT
REVTSED SHEETS E-1 AND E-2
Dear Mr. �YiZZer:
01 priZ 4, 1989
p
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%-A\ op C, D" 11�
EncZosed please find one (1) copy of Sheets E-1 and E-2 which have been
revised because of the elimination of the buiZding on the dock. Copies
were sent di.rectZy to Bellinghm by DiTomaso and Associates in order to
expedite the shop drawing preparation.
jVer 0
y t
y t
o 0
dney P. Lundin
y P
e si
siden;t
cc: Byron Stiegemeyer, wlencZ. I
Dick Hoffstadt-, City of Newport Beach, wlencZ. /
RPL/dkZ
U.S. PROJECT LIWE LINE bULKHE-AP
END OF TIVOLI LIGHT TU5F_ RuNs -i rp.
TIVOLI LIGHT 'TUbS WITH LAMPS
ON 4"OSWITERS. ROUTC-'LIGHT
TU15E IWCHASS-WXY, CUT INTO
rvTKINGER-TYR ftS CIVIL., VWI
FILI Cly -'-
FEED PI FOR C-2) LIGHT 7u5r= RuNs.
TYPir.,NL UNLESS NO750 OTHrmvviss..
c IRINIG Hom N.
z I A -WG. �H ou Rs,
EeW C N CTO
Vp
I Pvc 61 1, F.-CUTED UWMK
STR I W SGG'NoTP_ .7-. ffiaLOWt,
Clyp TW
T I hAN ONLY)
cAb. T3 &T4
POWE-R CENTER rb 0OCK
Al
CA5. 11 e>11 W. W V. XF MR.
715 * TlIG c:Aj!>. V'- TI I T 12 SIM L�R 1 R coI V, EYZSFTI
wl T T1 THRW TIO.
:NlFk.0lkIblwI5T_ 5 YF I V. TO -'24-v.)
10"W. K14"H X7 V20v.(C.Rouss m IN175, CA -5."x, - T75 Ts
$NJ 5102407 SERJES) FOR TIVOLI %
LTG. L.V. T8-AwSF'G. T1 I THRU Tfro. W. P., FmaL 11 Ll;O
(50V.AAFMRS. 1'20\1.TO 24V.)
r _1
FOP, LINE VOLTACiE � LIOW VOL'TAGP_ tTP r (TYPICAL FOR ALL PANEL SCHEDULES)
SC-F>ARATION - SEE aC-NERAL NOTE * le).
DUSK TO DAWN
T. S. SETTING f 2 DUSK TO PRE -DAWN
T.S. SETTINGf3,4,5,etc. SPECIAL SET71NGS
FEED POINJ FOR �1) LIG
TUF5F- PYN -TYP. F S. C-c4APIJ IT (5� 6= rOWE4Z C,6� - SEE -I MACI;2AM O� evHT, 5-Z. a. SETTING fl INDICATES A 2000 WATT PHOTOELECTRIC CONTROL-
F94M CAESLE LER WHICH CONTROLS A CONTACTOR. WHERE ONLY ONE
sp Ll c c- P_�o Y, BRANCH LIGHTING CIRCUIT IS TO BE CONTROLLED, THE CON -
P O.C. MLI?Jcl TACTOR MAY BE DELETED.
b. SE"rMG #2 INDICATES A CONTACTOR CONTROLLED BY BOTH A
POWER CONDUIT TIME SWITCH AND A PHOTOELECTRIC CONTROLLER INSTALLED
ON THE LINE SIDE OF THE TIME SWITCH CONTACTS.
e-ee Doo- K FaN C-R (DLAW'. F4J. t!>'( OThEVG. -SEE ;TM PWCIS�-V?. SE`TITINGS 13, f4, #5, ETC, INDICATE A SEPARATE TIME SWITCH
SA, MPS IGUPPDXT rU e -T
FOR EACH SETTING PROVIDE A CONTACTOR CONTROLLED BY
VIA 2Te CdNbLE $I.. to V& THE TIME SWITCH WHERE MORE THAN (3) POLES ARE REQUERED
CA15. "I TO) 4 7 10 1 LINDeFt. VI - 13 SHT. APFgo>:_, LDc.ATjoN oF FVc, coNtAill e_-j_mvI WrTH I�e� Uvex FOR A SETTING.
s For- PC�4eg CA5LE 1-51WPC� AND 5 folt,, 4. EXTEND CONDUIT WITH 3 #12 TO EACH PHOTOELECTRIC
1;2"0. FOR N-TIVOLl LTG.,cowDUCToRS. aI ("'z3o 1:4�JMWICCAT144 e-Al�-LES,
7�:I-t, WDUIT iw coNop.&Te. rNULKALLIIII, AJWUWD -J CONTROLLER. ALL PHOTOCELLS SHALL BE GROUPED
TOGETHER FACING NORTH AND AT ONE LOCATION XT FMEL 0"
C-ONOUIT AND C -OP -EC> eeA.WALL UNLESS NOTED.
GROIN WAL.L------- PIER, TIVOLI GHT TuFy- W/ LAMPe OtI GTEEL MC-Gli CAfII effPI <:;F4r. -TYP.
e. OWNER HAS THE MIGHT TO REARRANGE TIME SWITCH CONTROL
llcr,:N ROUTIS LIGHT 7USS R GA. FOWM OF LIGHTING AND EQUIPMENT PRIOR TO INSTALLATION.
r7� SC -A W,15,LL (WL�4,14e^o) IN SOME BRANCH CIRCUIT RUNS, SPARE, CONJIUCTORS HAVE
BEEN PROVIDED FOR THIS FLEXIBILITY.
PROPeRTY LIWE
12. RE
WIL BOXES IN WALL OF PIER SHALL BE CAST
IRON AS'MANUFACTUR liiu* TO
#A-1677 EXCEPT SIZES I!PASS _TAMp9FI GCFTAS.
P QUIRED.
(DOCK,- Tl\/OLI LIGHTING LAyoul- OeTAIL G EC -17 I oN
E.- 1 13. COORDINATE WITH TIVOLI LIGHT INSTALLER TO VERIFY,ADEQUATE
N.T.15. SPACE & CLEARANCES FOR WIRING AND FOR NUMBER OF 50VA L.V.
RANSFORMERS IN CABINETS "All & IID7 INCREASE SIZE OF CABINETS
_TI I
,IV NECESSARY TO ACCOMMODATE INSTALLATION.
71VOLI LIGHTIN5 NOIC-S. TIV(DILI, LTG. NOTES CONVO. 14. ALL CONDUIT NOTE D SHALL BE TYPE PVC, MIN. SCHEDULE 40 UNLESS
NOTED OTHERWISE.
1. FEED WIRING FROM TIVOLI LIGHTING LC>W voLTmI TpAw5F:oRMERS TI THpu TIG 4, TIVOLII L-Idx_1475 SHALL II SINGLS CIRCUIT WITH 4" LAMP spActwG iw V411 Y. sVial FzrzrTmGLr--
TO TIVOLI LIGHT TL15SS 6111�,LL E!>F, CLASS 2. FOI�YC.ARMONI TUBe WITH CaEL FILL.ING. Cot.I TUSS SHALL F -se 15. ALL HARDWARE SHALL B13 STAINLESS STEEL UNLESS NOTED OTHERWISE.
Vr=RIFI ED,VYITH OWNER. TIVOLI LIGHTS SHALL Me -MANUFACTUREDBY TEMPO INDLn.,-TRIES lwr,.
2. 1" WNPUITSLESVIE-e 95HAI arz Ppoviceo To FACILITAT6 INSTALLAIII or- CLASS 2 C-OWTACT SXLSS REP. MR -GARY GlUaRN66YA-T (714) CP41-0315. I Go. PROVIDE SUPPORTS FOR ALL AbOVE DOr-K PULL WXSS,SrLICS
Frzav WIRING 70 TIVOLI LIGHT TUeeS. PRCVIDe SLEEVIE-5 WHEPX-- CONDUCTI� F!>oXES, CX81WEIS, PMELS EOUIPMEWT�NS FSKSPSCS.
CP.099 occv-, UWC>eP.. GANGIII FOR. P ROTECTION OF CONDUCTORS FRom oAmPGrz #,,s REAGM
E5Y TIVOLI LIGHT SySTEM INS�XLII AND CODE AJTHOPOTIES, AWE) NHr-;LF- INDICATED
ON
5. 000RDIWAII t&,LL CONPUIT INST4,LLATIOW #.NO 7EALMINAIIITIONS WITH "TIVOLI II
INcv,TA,I_LeR A.IIND OTHF-K TRJ�,Dr=6 IN FISL�D '::50 A,15 TO "010 CONFLICITS.
P I E R-,
A
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DITOMASO AND ASSOCIATES INC.
TG ENGMERS
CONSULTIN
7658 'HASKELL AVE.,'.,. (818)782-,T755
VAN NUYS, CALIF. (213) 873-7676
91406
JOB NO. BI
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lot
COMMUNICATION PLA,,h.
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DITOMASO AND ASSOCIATES INC.
TG ENGMERS
CONSULTIN
7658 'HASKELL AVE.,'.,. (818)782-,T755
VAN NUYS, CALIF. (213) 873-7676
91406
JOB NO. BI
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lot
COMMUNICATION PLA,,h.
W. F. GPL-lap_ Wx 101-- Pi P_& FF -0'/I r>t- GTAI 0 LgGG e
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(b)vcc*L;iurTsLeevErw
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CKTIBREAKER OUTLETS LO D (WA S)
400k'/
R. 1 0 REMARKS, WGINLL-350AMP. DUAL SLISMENT, rURRrzWT
NO -1 A. I P. L THER LI 1!14"C' 50�2 :;A14 $'I* f2 rAF10.(rKT. 0.1a).
f<CKT. 0-G,&)'30A.RJ5C.'8-50Ajx4C�
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6 100 a 12, IpwK. C14m., �(CKT. 0- IG�18)
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7 '0/2",CONDUIT SLsr=v'r= WITH $C -LL FENDS FOR 71V, -:"-J LT64-00DJe*096,
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NO -
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I N or" "rH 5AYF;ZO�47
CONTSULTING ENGWEERS,,
.,-ROD- LUNDIN AND ASSOCIATES
rp
ORN
7658 HASKELL AVE.
(818)782-1755, BY
VAN NWS, CAL
P.
IF7 (213) 873-7676
APP�
91406 low
CA�ff
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jJ1411
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6
JOB NO. 6G41 Ljp4e -
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