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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
JAttorneys for City of Newport Beach
JIn Re the Matter of:
Harbor Activity Permit Application
No. 3178, Karen Stallcup,
Appellant,
HEARING BRIEF
DATE:1 JULY 3,-- 1991
TIME:[ 8:30 A.Me -- -
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 IIBII) . 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
%dventure Yacht Charters, submitted an application for a commercial
aarbor permit. (See City Exhibit IICII) . The application seeks
approval to engage in a charter and tour boat operations from the
locks bayward of 504 South Bayfront. Appellant proposed to operate
avery day of the year except Christmas and Thanksgiving. The
iessel would accommodate thirty passengers and crew members.
%ppellant would conduct harbor cruises from 11:00 a.m. to 6:00 p.m.
qhile the hours of evening and nighttime charters would "vary."
Appellant proposed a buffet and bar on the vessel that would
3ell 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
lock bayward of the Fun Zone, which is located across the channel.
Enitially, parking for passengers, employees and the crew was to be
?rovided 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.
The permittee was required to develop a method of insuring the
spaces would remain available exclusively to its patrons, that the
lot was appropriately signed, and that parking would be available
at no charge to prospective customers. Rodheim Marketing Group
failed to comply with this condition and the permittee has been
notified of the Marine Director's intent to revoke his permit.
I(See City Exhibit IIGII).
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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
Karine 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
tation on site, and marine congestion. Revocation of the Rodheim
ermit eliminates that as a consideration, but, safety is still a
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factor. Subsequent to the appeal, City has determined that Use
Permit No. 3178 prohibits the rental or lease of slips bayward of
504 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... if.
(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 f rom 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
requires a pump -out facility to be installed on any dock used for
charter activities. (See City Exhibit "J").
D. Marine Congestion. While Rodheim's permit may be
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revoked, the Harbor Master and Marine Director still have concerns
I about the proximity of the proposed charter activities to the
JBalboa Island Ferry. The charter boat would be moored at a dock
Ithat is only a few feet from the route taken by the Ferry as will
The shown by an exhibit introduced at the hearing. While there is
Ia 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;
(i i) 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
ration 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
I made.
jDated: June 19, 1991 CITY OF
L" -A
VA
T BEACH
Robert H. Burnham,
City Attorney
C(_)MN\ISSION,IERS January 23, 1986 MINUTES
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ROLL CALL
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.
"WONA,
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E 7
31HIBIT
INDEX
lItem No.4
UP3178
R82 1
,Approved
C0A/\A/\ISS10NERJ January 23, 1986 MINUTES
City of Newport Beach
ROLL CALL I I I I I I I I I 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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City of Newport Beach
ROLL CALL I I I I I I I I I 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.
Men
COA/\ N\ISSION,1ERS
ROLL CALL
January 23, 1986 MINUTES
City of - Newport Beach
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,r 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
-21-
INDEX
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ROLL CALL
January 23, 1986 MINUTES
City of - Newport Beach
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,r 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
-21-
INDEX
COMPAISSIO',',,'ERS
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January 23, 1986 MINUTES
of Newport Beach
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
or reconstruction bayward of
for all development I flf
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 STATF14ENT
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;
CV41:
INDEX
COMMISSIO�N'ERS
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January 23, 1986
City of Newport Beach
MINUTES
ROLL CALL] I I - I I I I I I INDEX _
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-
COMMISSIONERS
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ROLL CALL
January 23, 198L MINUTES
City of Newport Beach
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
A
March 24, 1986
TO:
FROM:
SUBJECT:
Reoorm-vandation:
CITY OF NEWPORT BEACH
Marine Department
MAYOR AND CITY COUNCIL
Marine Department
AGENDA ITEM NO. I-1
TIDELAND AFFAIRS CO�,MTTEE RECUVENDATION, 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 CaTmission 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 conTnercial dock,
7'. That should the piers and floats be operated as a ccmmercial 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 maKinum. number of vessels to be berthed at the facility shall be
seven.
9. The proposed building on the float shall:
a. Remain open on all four sides,
b. The maximum heiqht of the building shall be 16 feet.
E 1111 B, I T
Di i r)n -
This application was referred to the Tideland Affairs Conynittee by the City
Council -at the neeting 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 uuuld require the City -Council to grant an exception:
17.A. "All corm-ercially 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 nmring 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 man
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 bc) the docks -for
an overall blending. The Balboa Island Irprovement 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 demlition 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 recommended above, to get this much need rehabilitation under
way.
DAVID F]ARSHBARGER, Marine Director
A -
Tony MelyT�-,elds �Adniinistrator
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MARINE DEPARTMENT Telephone 644-3044
CgMERCIAL HARBOR PERMIT APPLICATION
Filing Fee $400-00
Business Name:-'..
Business Mailing Add�ess
City and Zip
Address of Business
Business Telephone___,,-,
If business is a corporatio n 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:
Please- give a complete description of the proposed metnoa or
operation of vessel,, watercraft and/or other facilities, including,
but not limited to:
1. Location where yessel will be permanently be;thed-=L_,'
2. Location wherg passengers will be loaded andunloaded _
3. Maximum number of passengers carried (include crew)-"34��-i
4. Location where required parking for passenge emplcyveep/an-d
crew will be provided: /a
5. Days business will operate: --/J`//`��--r:4-'.A
6. Hours of operation: 0 o
VL�--
�2
EXHIBIT.
4 1
7. Routes of Travel:
8. Types of actiVities permitted on board:
X
All 6; CY
9. Types of merchandise to b e sold /7-
10. Is Coast Guard certification required? If not, why not?
11. Type and amount of liability insurance carried for this
operation:
Carrier: AZZ A�- e zL
12. other pertinent information:
13. Describe the manner in which you intend to dispose
sewage and litter resulting from this operation:_L
d
14. Describe the type of
proposes, if any: 41
4�:
,it.which,the applicant
trash,.
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 f9rogoing is true and
correct:
D e Signature: 77
at
Telephone,/-�, 73
address
TO BE FORWARDED TO FOLLOWING FOR INVESTIGATION & RECOMMENDATION:
Chief of Police
Orange County Harbor District
Othe
Approved/Denied by Marine Department (and Date)
P()
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-10 ORIA
W
CITY OF NEWPORT BEA�H
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1 -1 bS
may 7, 1991 VA - ) . t3
Pacific Adventure Charters
2104 Park Avenue
Balboa Island, CA 92662
c/o Karen StallcuP 'it Application for
Re: Notice of Decision, commercial Harbor Perm
Pacific Adventure Charters
Dear Ms. StallcUP: nied your application for a commercial
The Marine Director has de
Harbor Permit to conduct harbor tour operations from 504 South Bay
rt Beach, CA, pursuant to Chapter 17.41
Front, Balboa Island, Newpo The
of the Newport Beach Municipal Code, Section 17.41-050.
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
y Clerk no later than f if teen days after the date
filed with the Cit 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,
42—
David Harshbarger
Marine Director
EXHIBIT
if you have any questions
any related matter.
NI
3300 Newport Boulevard, Newport Beach
6
6-
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EXHIBIT '.'A"
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Findings in support of denial of commercial Harbor Activities
Permit for Pacific Adventure Charters:
I have reviewed and considered the written material submitted in
-onjunction with the application for - a Commercial Harbor Permit
C. rations from 504 South Bay Front, Balboa
authorizing vessel tour ope
is"and.
After considering the application and the evidence submitted by the
applicant the Marine Department finds as follows:
1. All -parking for the operation is provided at a remote site at
the corner of Park ;i�renue and Agate on Balboa Island. The
ap licant indicates that 20 spaces are available at the site. The
p of a mile f rom the boarding
site is approximately three tenths
location. The proposed business is for a walk-on, per head
passenger tour business. The Marine Department f eels 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, as
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
rol indicated concern as to the
Orange County Sheriff's Harbor Pat 1
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,
e the waters of Newport
interfere with the rights of others to us
Harbort 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
DENIAL APPEAL
FOR COMMERCIAL HARBOR ACTIVITY PERMIT
Dock Location
WUN1116116 MAJLnun
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\�as 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 Ualxal of the
Pacific Adventure.
EXHIBIT 11�
W
Parki ng
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 actualuse 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.
-7
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, � � 'A'-1 P '0 �' - �-
MARINE DEPARTMENT Telephone 644-3044
COMMERCIAL HARBOR PERMIT APPLICATION
Filing Fee $400.00
Business Name: Balboa Island Electric Boat Rental
Business Mailin
City and Z
Address c/o Rodheim Marketing Group 125 F.- Baker #266
Address of Business 504 South Bayf)�ont-- 41 on
Balboa Island, (A 92662
Business Telephone ('/14) 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)
I
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
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L',�-.HTBIT
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7. Routes of Travel: New ort Harbor
8. Types of activities permitted on board:
Touring of the bay and small picnics.
9. Types of merchandise to be sol
r';
10. 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 $1,000,000
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 generated', howeve - r, what does accumul te
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
correct:
f
Date January 3, 1991 signature: //k X
V
Telephone (W) 557-5100 311 On. Balboa I
Residence address
true and
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
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 PERMIT/BALBOA ISLAND
ELECTRIC BOAT RENTALS
Dear Mr. Rodheim:
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 for 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 1 19 9 2. 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.
Ex7flIBIT
3300 Newport Boulevard, Newport Beach
r,
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
parking spaces during the hours and days of the operation, Prior
to commencing operations the applicant must submit to the ---City
Traffic Department 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) that 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
Title
Permittee
Title
Date
Date
For the Marine Department Date
0
CITY OF NEWPORT BEACH
i>
U P.O. BOX 1768, NEW110RT BEACH, CA 92659-1766
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 five
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
E 7.7
XHIBIT
3300 Newport Boulevard, Newport Beach
ROBERT H. TELLER
504 SOUTH SAY FRO.N`T
BALBOA ISLANTD, NEWPORT BP-ACH
CALIFORNIA 92f&
May 23, 1991
Dave HiLrshbargerw Marine Divii1on
At this time it ihould be understood that Ralph Rodheim has not executed
a ickwe witri holoert U., TeUcr Wid U&AtU
operate from my dock, This should ' be taken into consideration as this
a Commercial Activities permit.
relates to Karen Stallcup's request for
Sincerely,
Robert H TeDep
RHT:b1
cc:Robert We Wyyrn City Manager,
Robert Burnham, City Attorney-'
3 0 Ci I I.L is I is w V H V a w in w III lor V T 6 0 T 6 '0 F- S 0
17.40.090-17.41.005 HARBOR REGULATIONS
(b) The houseboat marina has become a source of pollution of thhj�
harbor.
(c) The facilities of the marina or the houseboats located in have
fallen into a state of disrepair.
(d) Individual houseboats are permitted or aimed within the
marina which do not meet the requireme�nts fo seboats established by
this Chapter. (Ord. 1029 (part), 1963: 194 9 e c § 8705).
17.40.090 Adininistra tion _2,�*�iap ter — Appeal. The provisions of this
Chapter shall be administe
.;od'By the Community Development Director in
coordination with th�arine Director. Any a -grieved person may appeal
any decision oftkcO—Building Official to the City Council by filing a written
>notice of al with the City Clerk within 15 days after the date on which
notic 6 tt�edecision is mailed to the applicant. The City Council shall make
e ecis] tj
cision 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
the COMMERCIAL ACTIVITIES ON THE WATERS
OF NEWPORT HARBOR*
Sections:
17.41.005
Findings wid Purpose.
17.41.010
Definitions.
17.41.020
Permit for Commercial Activities Required.
17.4 1. 02 5
Exceptions.
17.4 1 . 03 ) 0
Applicatioii for Permit.
17.41.040
Filing Fee.
17.41.050
Issuance of Permit.
17.41.070
Power to Impose Conditions-, 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.
17.4 1. 1210
Application to Existing Activities.
17.41.005 Findings and Purpose. In adopting this Chapter, the City
Council makes the following findings:
1� 0
(a) There has been a significant increase in the nature and intensitv
of commercial activities such as harbor cruises, dinner cruises and water
taxi services occurring 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
EXHI B I T ff
COMMERCIAL ACTIVITIES, HARBOR 17.41.010-17.41.030
(b) This corninercial 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, tile City Council intends that the health,
safety and welfare of those Who use, enjoy and own property near the waters
of Newport Beacli arc not advcrsely affected by commercial activities coll-
dUCted oil those waters. (Ord. 84-29 § I (part), 1984).
17.41.010 Definitions. (a) For tile purpose of this Chapter, the term
"waters of Newport Beach" shall 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 mean hi(fli tide line of the Pacific ocean has
-1
been fixed by ordinance, statute, Court action or otherwise, and whether or
not the lands lying under the tidal water are privately or public owned.
(b) For the Purpose of this Chapter, tile term "commercial activity"
shall 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 shall
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 fislilng activities;
(b) Boat repair and maintenance services;
(c) Marine construction or contracting services; or
(d) Vessels used ill Conjunction with an exempt activity shall also not
be used for office purposes unless Such use is specifically authorized via per-
rnit issued pursuant to this Chapter. (Ord. 84-29 § I (part), 1984).
17.41.030 Application for Permit. An application for permit under this
Chapter shall be filed with the Marine Director, upon forms provided by tile
City, and shall contain the following information, and such other infornia-
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 Linder a fictitious
name, tile application shall state the name, address and telephone number of
each person owning a financial interest in the business-,
(c) The narne, address and telephone number of tile person, or persons,
who will have general management responsibility for applicant's business,
(d) A detailed drawing of tile 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 tile proposed method of operation Of Such
vessel, watercraft and/or other facilities, illChiding but not limited to:
I . Hours of operation,
Maximl.1111 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 the manner in which applicant intends to dispose
of sewage, trash and litter resulting from the operation;
(g) A description of the type of entertainment applicant proposes to
provide, if any:
(h) A description Of ally Sound amplification which applicant prop
Oses
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 the 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.OSO Issuance of Pen -nit. Upon receipt of all Application for Com-
mercial Harbor Adivities Permit, the Marine Director shall investi(Tate the
information contained in the application. The Marine Director may refer the
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
Tile Marine Director shall deny the Application if:
(a) Tile 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 tile 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 oil and in tile waters of Newport Beach;
(c) The vessel or craft to be used by the Applicant does not satisfy the
applicable standards of tile U.S. Coast Guard;
(d) Tile proposed commercial activity is likely to create marine traffic
con-estion, or otherwise interfere with the ri-hts of others to use the waters
Of Newport Beach; and
(e) Tile proposed commercial activity does not provide facilities to
ensure adequate parking, safe vehicular ingress and egress, and tile safe load-
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. 84-119 § I
(part), 1984).
17.41.070 Power to Impose Conditions, Hold Harmless. In granting
Z --
any permit pursuant to this Chapter, the Marine Director, or the City
Council oil appeal, may impose any additional conditions on the permit to
ensure that the proposed cornmercial activity will be compatible with the
predominantly recreational character of the waters of Newport Beach, the
ri-lits of other persons usin- the waters of Newport Beach, the interests of
residents and property owners whose properties abut or are in close proxi-
inity to the waters of Newport Beach, and the interests of the general public.
Any SLICII permit sliall contain a provision stating that the perinittee sliall
0
hold the City, tile County of Orange, and the Orange County Harbor District
harmless from, and indemnify said a-encies a-ainst, any claim for daillages
arising Out of the exercise of tile permit- in addition, tile perinittee shall
reimburse said agencies for all attorney's fees and other costs which are ex-
pended by thern in defending against any claim, lawsuit orjudIgillent arisin.-,
Out of the activities of the permittee carried on under the authority Of SLICII
permit.
The Marine Director or City Council, on approval or review, shall have
the power to impose new conditions or modify existing conditions with re-
gard 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 shall be valid until terminated or revoked.
(Ord. 84-29 § I (part), 1984).
17.41.090 Revocation. Any permit '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 tile 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 any of the following
(T
Vrounds:
(a) That the permit holder has made a misrepresentation as to any nia-
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 Oraillge or the Orange County Slicriff's
Harbor relating to tile 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 tile
waters of Newport Beach-,
(d) That tile commercial activities of permittee fall within the criteria
for denial of an application, as set forth in SUbpara-graph (a), (b), (c), (d) or
(e) of Section 17.41.050. (Ord. 84-29 § I (part), 1984).
17-41.095 Appeal. Any applicant aggrieved by a decision of the Marine
7
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 notice of the
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 lieaFill" oil appeal or, in tile al-
ternative, may appoint a hearing officer to receive 'all relevant evidence and
to prepare finding's and recommendations to be considered by the City
Council at a regular meeting held within 60 days from the date of tile hear-
inL--. The City Council shall determine the merits of the appeal and may
sustain, overrule, or modify the action of the Marine Director. The decision
of the City Council shall 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 shall be transferable either by assi.-nment, sale, hypo-
thecation, operation of law or otherwise without permission of the City
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 existing
permit, tile 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 authorized by permit or prior ordinances,
but the permittee 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,
sliall 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 shall be guilty of a separate offense
for each day during which any violation is committed.
(b) In addition to the penalties provided in subsection (a), any condi-
tion caused or permitted to exist in violation of any of the provisions of this
Section shall be decined a public nuisance. (Ord. 84-1-9 § I (part), 1984).
368-5 (Newport Beach 3-85)
06/19/1991
14'49 N0TT/H0RT0tA/,GALLARD0 714 754 1728 P.02
K U C E E N 0 T T
31184 J AIPWAY AVENLIf
COSTA MESA, CA 02626-4610
FAX 714 754.l726 HIONL 714 754�1420
June 7, 1991
Mr. Orose De Higuel
215 14th Street, Apartment 8
Huntington Beaoh, CA 92648
Re: kgat8 Parking Lot
Balboa island, California
1jear Jose;
The terns and conditions of your proposed lease are n0t,
to me.
'"hank you for your intorest.
Very Truly,
x�'� 4/,/ �,
Bruce E. Nott
BEN/lf
Enclosure
E XIII B I T I
INSTALLATION OF PUMPOUT STATIONS 17.30.015-17.30.020
allowed to continue, could jeopardize the economic viability of businesslo
which utilize, or are located on, Newport Bay, and severely restrict r a-
tional use of the bay.
G. The number of public pumpout facilities in Newport or to
serve the number of vessels using the Harbor and the locatio 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-
ay' a
t
nd
s
severely res
r
t *c t
r' re
'a e n N /eb
0 t or
cil' i oc wp those f
r and the I atlo
of vessels that r ire pumpol
human was have been dl
charged directly into the Bay because of the lack of a quate pumpout fa-
cilities.
H. The heaviest commercial users of the B , and those which have
I
I j j I bs co
the greatest need for adequate pumpout faci es, are sailing clubs, com-
I
j
mercial harbor activity permittees, and bareb t charter operations that load
,ks of
and unload passengers at the dod" bor permittees located in com-
mercial zones.
1. The installation and use of mpout facilities by the heaviest com-
mercial users of Newport Bay Xw*help insure that bacteria, coliform and
Y
I
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 Definilp& For purposes of this Chapter, the following
Xwords 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
words a
And
C
a nersh
p
0 in
ip c
in
a'
e
hr e
rs s
rt oratlo
the provisio of Chapter 17.41 of the Newport Beach Municipal Code.
B. rbor Permittee. Any person, or persons, partnership, corporation
I
I
or ot entity holding a permit issued pursuant to the provisions of Chapter
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 facility 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 permittee 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 Beach 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
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
Ms. Karen Stallcup
Pacific Adventure Charters
1204 Park Avenue
Balboa Island, Ca 92662
Re: Hearing on Appeal
Dear Ms. Stallcup:
(714) 644-3131
June 20, 1991
This letter will confirm that the hearing on your appeal of
the decision of the Marine Director to deny your commercial Harbor
Activities Permit will be conducted on July 3, 1991 at 8:30 a.m. in
the Office of the City Attorney. This will also confirm that you
have no objection to Philip Kohn, Esq. acting as hearing officer.
As I indicated during our recent conversation, Mr. Kohn was
selected because he is familiar with Municipal law and represents
private individuals and public agencies in matter similar to your
appeal.
The Municipal Code is silent as to the procedures to be
followed during the hearing. As a courtesy to you, this of f ice
will stipulate that the Marine Director has the burden of proof.
Administrative hearings are generally conducted in an informal
atmosphere without strict adherence to the rules of Evidence. This
office will prepare and serve documents relative to the hearing on
or before July 1, 1991.
Please call me if you have any questions.
Very,yruly yours,
bb7'r'T Tr -Burnham
ity Attorney
RHB: kmc
cc: Philip D. Kohn, Esq.
Rutan & Tucker
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92626
Mr. David Harshbarger, Marine Dept.
3300 Newport Boulevard, Newport Beach
06/19/1991
14:36 NOTTMORTON/GALLARDO 714 754 1728 P.02
Ij C p, p-. N 0 T T
3184 j AIRWAY AVPWIJE
(;05TA MESA, CA 92026-4619
PAX 714 754,1720 PHO14 F 714 7154.JA20
n." '?A
June 7p
Mr. Jose De Miguel
215 14th Street, Apartment 8
Huntington Beach, CA 92648
Re: Agate ParXing Lot
Balboa Island, California
Dear
The terMs and conditiong of your proposed lease are not
acceptable to me.
Thank you for your interest.
Very Trulyr
Bruce E. Yott
BEN/lf
Enclosure
06/is/igsl 14-37 NOTTMORTON/GALLARDO 714 754 1728 P.04
LEASE AGREEMENT
1. Lessor; Bruce Nott and individual, hereinafter referred to as (Lessor),.
hereby leases to Jose De Miguel an individual, hereinafter referred to as
Lessee effective as of , 1991 hereinafter referred to as
the effective date. The parking lot located at the corner of Park and
Agate, Balboa Island, in the city of Newport Beach in the County of
Orange, State of California in accordance with the following terms and
conditions:
2. Term of Lease: This lease shall be for a term of five (5) years
commencing at 12:01 a.m. on 1991 and ending on
., 1996 unless sooner terminated -ashere'in provided,
3. Rent: The Lessee agrees to pay the sum of $19,000 per year. Payments are
to be made on the first day of each calendar month. Payment schedule is
as follows:
June 1
$2,000
'July I
$2t000
August 1
$2,000
September 1
$2,000
October 1
$2,000
November 1
$1,000
December 1
$2,000
January I
$jt000
February 1
$1,000
March 1
$1,000
April 1
$1,000
May 1
$2,000
4. Security deposit of $2,000 shall be delivered to Lessor upon presentation
of this lease.
56 it is further understood by both parties that the City of''Newport requires
that certain parking requirements be met in order to operate Lesseels
business and that the parking lot is an integral part of the Lessee's
business. It is agreed that the Lessee will maintain the parking lot in a
manner acceptable to the City.
6. It is also un'derstood that if Lessor sells the property or develop$ the
property that Lessor has the right to terminate this lease within 90 days.
7. it is also agreed that �essor will cancel or terminate any or all leases
with any parties to which lease agreements have been entered into upon
accepting this lease.
f
f
06/19/1991 14:3e NOTT/HORTON/GALLARDO 714 754 1728
WN
sole and only ag . reement. This lease constitutes thO sGIO and only
Lessor and Lessee respecting said parking lot, the
agreement between or the lease term herein specified
leasing of said parking lot to Lessee to each
and correctly sets forth the obligations of Lessor and Lessee . ng said
other as of this date, Any agreements or representations I respecti
premises or their leasing by Lessor or Lessee not express Y set forth 1. n
this lease are null and void.
ruce Nott
Date
jose De Miguel
Date
TOTRL P.05
06/19/1991 14:36 NOTT/HORTON/GALLARDO 714 754 172e P.01
G
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Oro
c 051 PA -N y
3184-J hIRWAY AVENUS
COSTA MESAt CALZrORNIA 92�26
(714) 754-1420
)rAX (714)'754-1728
TTAL_
DATE q --cl TIMS
PLEASE DETIVV.R I!HE, rOLLOWING pAGE(S) TOs
NAMEt,
COMPANY!
rAx NUMBER:
TOTAL NUMBER Or PAGE(S 1___��.(INCLUDING COVER SHEET)
MHz
REGARDIM
-I Uw y,
TRANSMITTER: -
'PAGES INDICATEDy PLZABS CM -
IF YOU Do NOT pFC,31VE ALL THE
PHONE& (714) .754-1420
COHHruXTSt
#
MARINE DEPARTMENT Telephone 644-3044 C�
Business Name:
Business Maili
City and
Address of Business
Business Telephon
If business is a corporatio n or operat - under a fictitious name or
e
partnership, please indicate ALL princi als:
Give name, address and telephone for de%ac :
Give name, address and telephone number of the person, or persons,
who will have general management responsibility for applicant
business:
Pn16
e S,
e give a complete description - of the proposed method of
operation of vessel, watercraft and/or other facilities, including,
but not limited to:
1. Location w ereyessel will be
'S --j 0 -/- —
2. Location where passengers will be loaded and -unloaded
3. Maximum number of passengers carried (include crew)�:'�L'
4. Location where required parking for pp,�engerp, employeeslan
crew will be provided:
5. Days business will operate: a114 7L -
Fd
6. Hours of operation -L./ Z -'O' 40 4�00
7. Routes Of
80* Types
vel:
q9
,�77
ivities
/-, e- /—
tted on board:
9. Types of merchandise to be sol
10. Is Coast Guard certification required? If not, why not?
11. Type and amount of liability insurance carried forthis
operation:
carrier: W7�4 16
12. Other pertinent information:
13. Describe the manner in which you intend to dispose of trash,
sewage and litter resulting from this operation:
2
:6f/'�/Ao 5!
+ I
14. Describe the type of en
proposes, if any: 41-D
;t which,the applicant
Is
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 fqx-�igoing is true and
correct:
Dat Signature:
Telephone/-/� Z— /r��-) C/ �7�—J
ResiCence 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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DATE:
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
(714) 644-3131
FAX COVER SHEET
JUNE 19, 1991
BRUCE NOTT
TO:
BUSINESS PHONE: A *y -6q -
FAX NUMBER: _--_�'�(714) 754-1420
RE: Stallcup Appeal --Harbor Activity Permit
THE FOLLOWING DOCUMENT IS FROM:
ROBERT H. BURNHAM, CITY ATTORNEY
CITY OF NEWPORT BEACH
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92663
PHONE NO: (714) 644-3131
FAX NO: (714) 644-3339 or
(714) 644-3250
NO. OF PAGES: (3) three, including this cover sheet
SPECIAL
INSTRUCTIONS: Please review Declaration; sign;
call us when ready and we will arrange
for pick up of the signed original.
Any questions, feel free to call Bob.
Thank You.
3300 Newport Boulevard, Newport Beach
APR-�21r5-91 THU 15:2e SEAVIEW 714r --.,73242S P.01
F
JOSE DE MIGUEL
All
673-2217
i`j
April 25, 1991
C ly'W' Newport Beach
arl6d --N�Partment
'A I` t Permit
R E?:' c ivi y
/L
D 6a r :.M Mel 1 um:
f
Zlease is being proposed hetween Bruce Nott aeiq
PI e-agd:'bb advised th
wl IT give me parking -s ac s bn the corner of Pa"A and ate 0� :41
p e Ag a
0 ask your department to proceed with my application at this t fl.n'e n d
I oWasOng that a permit be issued subject to a lease as described a�*
very much.
Sincerely,
Jo De Miguel
AJ
MARINE DEPARTMENT
Telephone 644-3044
7
COMMERCIAL HARBOR PERMIT APPLICATION
Filing Fee $400.00
Business Name: Balboa Island Electric Boat Rental
Business Mailin
City and Z
Address c/o Rodheim Marketing Group 125 F.- Baker #266
Address of Business 504 South Bayfront-- 41 On
Balboa Island, C7A 92662
Business Telephone ('/14) 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
-r
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 sold Electric boats
10. 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
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:
M16
Limited trash will be generate&, howeve - r, what does accumul�Lte
will be disposed of as part of an existing contract at the- ocation.
14. Describe the type of entertainme�t 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 fore�in�rJtrue - and
correct: "� T
Date January 3, 1991 signature:
Telephone W 557-5100
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)
CITY OF NEWPORT BILACH
OFFICE OF THE CITY ATTORNEY
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
(714) 644-3131
June 17, 1991
Philip D. Kohn, Esq.
Rutan & Tucker
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92626
Re: Stallcup Appeal
Dear Mr. Kohn:
This letter will confirm that you will act as hearing officer
relative to the appeal filed by Karen Stallcup. Stallcup is
appealing the denial of her application for a commercial harbor
activities permit. (Copy of Ordinance attached.)
The hearing will be conducted on June 20, 1991 at 8:30 a.m. in
the Office of the City Attorney. Our offices are located at 3300
Newport Boulevard and we are on the second floor of the most
southerly of the two buildings located just behind City Hall.
On June 18, 1991, we intend to file, and contemporaneously
serve appellant with, a hearing brief. The hearing brief will
summarize the position of the City, the evidence we intend to
offer, and reference pertinent documents. We assume the hearing
will be conducted in accordance with the ordinary rules applicable
in administrative matters of this type.
Very truly yours,
R,:#ber't H. Burnham
City Attorney
RHB: kmc
cc: Ms. Karen Stallcup
Pacific Adventure Charters
2104 Park Avenue
Balboa Island, CA 92662
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
Memorandum
May 29, 1991
TO: TIDELANDS AFFAIRS COMMITTEE
FROM:- City Manager
SUBJECT: HEARING FOR A COMMERCIAL HARBOR
ACTIVITY PERMIT
The City Council on May 28th referred the appeal of the
Pacific Adventure Charters to the Tidelands Affairs Committee for
review, hearing, and report back to the City Council. This involves a
request for a commercial harbor activity permit which has been
denied by the staff and appealed to the City Council. Attached is a
copy of the appeal and a copy of the staff letter denying the initial
application.- It is my understanding that Pacific Adventure Charters,
and specifically Ms. Karen Stallcup, would appreciate an early
hearing date on this matter.
ROBERT L. VVYM
RLW:kf
cc: D. Harshbarger
WUNIAM6 MUMMA
DENIAL APPEAL
FOR COMMERCIAL 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. Permitte-e-ts no properly executed lease With landlord.
2. Permittee as 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 co ntractual 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 Aalzo-1 of the
Pacific Adventure.
'. (�? j
Parki ng
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 actualuse 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.
PO
0 CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWI)ORT BEACH, CA 92659-17 b8
FO
May 7, 1991, 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:
nied your application for a Commercial
The -Marine Director has de
Harbor Permit to conduct harbor tour operations from 504 south Bay
rt Beach, CA, pursuant to Chapter 17.41
Front, Balboa Island, Newpo ection 17.41-050. The
of the Newport Beach Municipal Code, S on the findings attached
decision to deny your application is based
as Exhibit A hereto.
spect of the Marine Department
you have the right to appeal any a
decision to the ity council. The appeal must be in writing and
ty Clerk no later than fifteen days after the date
filed with the Ci ired to specify the facts and
of this letter. you are requ.
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 Youtso
42—
David Harshbarger
Marine Director
3300 Newport Boulevard, Newport Beach
EXHIBIT,"A"
Findings in support of denial of Commercial Harbor Activities
Permit for Pa.cific Adventure.Charters:
d considered the written material submitted in
I have reviewed an lication for a commercial Harbor Permit
conjunction with the app rations from 504 south Bay Front, Balboa
authorizing vessel tour ope
island.
Aft er considering the application and the evidence submitted by the
applicant the Marine Department finds as follows:
1. All -parking for the operation is provided at a remote site at
Balboa Island. The
corner of Park Avenue and Agate on
the re available at the site. The
applicant indicates that 20 spaces a ding
site is approximately three tenths of a mile from the boar head
location. The proposed business is for a walk-on, per
The Marine Department feels that because
passenger tour business. rter operation, it is very unlikely that
of the nature of such a cha
the parking facility would be used by the customers of the
operation. acility at the commercial location, as
2. There is no PUMPOUt f
required by Section 17.30 of the Newport Beach municipal Code. The
applicant has indicated that they have under lease a pumpOut
at the FunZone Marina. This proposed
station across the harbor the site, is a public PumPOut station
location is remote from ps that, if used, would prohibit a vessel
adjacent to transient slil ss the pumpout facility
of the size proposed by the charter to acce emote
itself. The Marine Department therefore feels that the r
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 tYPO-
Based on the above, the marine Department feels that the proposed
pt to create marine traffic congestion,
commercial activity is a� thers to use the waters of Newport
interfere with the rights of 0 the problems of pollution on or in
Harbor, and might contribute to
the waters of Newport Beach. For these reasons the Marine
Department denies the subject application.
David Harshbargeri Marine Director, City of Newport Beach
P0
CITY OF NEWPORT BEACH
Y
-1768
P.O. BOX 1768, NEWPORT BEACH, CA 92659
F o
March 21, 1991
TO: RODHEIM MARKETING GROUP
125 EAST BAKER #266
COSTA MESA, CA 92626
RE: COMMERCIAL HARBOR ACTIVITIES PERMIT/BALBOA
ELECTRIC BOAT RENTALS
Dear Mr. Rodheim:
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. -1
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.
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 arisel"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
parking spaces during the hours and days of the operation, Prior
to commencing operations the applicant must submit to the-::�iCity
Traffic Department 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) that 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
reviewi 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
Title
Permittee
Title
Date
Date
For the Marine Department Date
H-1
HARBOR PERMIT POLICIES - Page 13
D. All bulkhead permits may be subject to a detailed
construction drawing being approved by the Building
Department. DrawingB signed by a Civil or Structural
Engineer may be required and shall clearly show the
following:
1) Exact location of bulkhead and anchor blockB.
2) Top and bottom elevations.
3) Design loads and any surcharge loading.
4) Depth of dredging and any Bounding data.
5) Details of returns or connection to existing walls.
6) Any special conditions'affebting bulkhead construction or
design.
E.
The bulkhead Bhall not be used to support any structure on
the abutting upland property unless the bulkhead has been
properly designed to carry the additional loads.
F.
In areas where there is existing development and it is of
direct benefit to the City to have a bulkhead constructed,
the City may contribute 1/3 of the cost of constructing a
bulkhead across street ends.
17. PARKING REQUIREMENTS
A.
All commercially operated boat docking facilities shall
provide 0.75 parking stalls for each -single boat Blip and
0.75 parking stalls for each 25 feet of available mooring
Bpace not classified as a slip.
B.
For dry boat storage areas, 0.33 parking stalls shall be
provided for each Btorage space available.
C.
For floating dry docks, at least two (2) off-street parking
stalls shall be provided exclusively for each dry docki
D. All parking shall conform to the City of Newport Beach
off-street parking standards.
E. commercial Activities Permits
1. on-site Parking
A. On-site parking shall be provided as follows:
1) Charter vessels: one parking space for
each three occupants, including crew
members;
11
H-1
HARBOR PERMIT POLICIES - Page 14
2) Sport fishing vessels: one parking space
for each two occupants, including crew
members.
B. Said on-site parking shall be provided on the
adjoining upland property. If adequate parking
is not available on-site, all or a portion of
the required parking spaces may be provided at
an off-site location, subject to the approval of
the Marine Director and the Planning Director.
The use of an off-site lot shall not be approved
unless:
1) Such is so located as to be useful in
connection with the use of the vessel.
2) on such lot will not create undue
traffic hazards in the surrounding area.
3) Such lot and the adjoining upland property
are in the same ownership and the owner is
entitled to the immediate possession and
use thereof. Ownership of the off-site
lot is defined as ownership in fee or a
leasehold interest of a duration adequate
to serve the proposed commercial activity.
C. When a vessel will not offer services to the
general public, all or a portion of the required
parking may be provided at a remote off-site
location, if transportation is provided from the
off-site parking location to the site where the
vessel is moored. Parking for the shuttle
vehicles must be provided near the site where.
the vessel is moored unless said vehicles Will
be stored at the remote off-site location at all
times when not in use.
D. If the use of the off-site parking location is
approved, the owner(s) and the City shall
execute a written instrument (the form and
content of which is acceptable to the City
Attorney) providing for the maintenance of the
required parking spaces on such lot for the
duration of the commercial activity. Said
instrument shall be recorded in the office of
the County Recorder prior to issuance of a
Commercial Harbor Activities Permit, and copies
thereof shall be filed with the Marine
Department.
CC)A/\PAISSION'ERS
;K X T
C 0 0
r in
z C m > rn Z
Go M M Z r 6) X
C Z (A 0 K 0 0
m rn o m > -n -n city
Z M M Z 'n M
ROLL CALL MI
January 23, 1986
of Newport Beach
MINUTES
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
Wa . ter Qual'.ty . Control Board - Santa Ana Region,
and the plan be submitted to said Board ten days
prior to any construction activities.
lo. 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.
AND
-19-
INDEX
lItem No.4
UP3178
R82 I
Appro
ComMISSIOIN'ERS
C 0 0
M T X
I 'D r -v M
z C M > M z
M M M Z r M X
C z (n a r o o
m m 0 rn > -n -n
Z M z M z -n M
ROLL 7ALL
Motion
All Ayes
I X
January 23, 1986
City of Newport Beach
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.
MINUTES
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.
-20-
INDEX
C (I AA I S S I ONE IRS January 23, . 1986 MINUTES
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ROLL CALL I I I I J - I I I I INDEX
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,r 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.
B. 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
-21-
CO/\/vAISSIO'N'ERS
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ROLL CALL
January 23, 1986 MINUTES
of Newport Beach
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
for all development or reconstruction baywi I Itf
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;
-23-
NDEX
Al"_
AA-2��
ComMISSONIERS
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ROLL CALL
MINUTES
January 23, 1986
of Newport Beach
INDEX
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-
COA/\N%ISSIO',NERS
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MINUTES
January 23, 198t
itv of Newr)ort Beach
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
CITY OF NEWPORT BEACH AGENDA ITEM NO. I-1
Marine Department
March 24, 1986
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT:- TIDELAND AFFAiRs CommiTTEE RECOYMENDATION, HARBOR PERMIT
APPLICATION 256-504 BY BYRON STBIGaq= AND ROBERT TELLER
Reconv�endation:
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 Ccmmission 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 conmercial dock,
7'. That should the piers and floats be operated as a ccnm-p-rcial boat docking
facility, applicant must:
-ection 17.A. of Harbor Permit
a. Provide upland parking as required by S
Policies, and
b. Establish a 15 foot set back at the bayward most float on the
westerly side.
8. The ma� 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 Cam-Littee by the City
Couhdil at the meting of February 24,1986. On March 7,.1986 the Tideland
Affairs Committee met with one of the applicants, Byron Steigemyer--and:-his
representative Mitch Brown.
The p
,roject was discussed in detail, relative to those sections of the Harbor
G�
Permit Policies which would require the City -Council to grant an exception:
17.A. "All conriercially 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 mooring 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 channelwara 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 channelwara of and parallel to the
bulkhead line."
Traditionally, in this pei:mit 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 pierheaa 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 Improvement 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 complete rebuilding. It is in the City's best interest to
grant the requested exceptions and to approve the plan as submitted, witi-,
the conditions recommended above, to get this much need rehabilitation under
way.
DAVID HARSHBARGER, Marine Director
Tony MelYT7el ds AcIministrator
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May 31, 1994
Tony Mel=
City of Newport Beach Marine Department
P.O. Box 1768
Newport Beach, CA 92663
Dear Tony:
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As per our conversation last week, I am submitting this correspondence on behalf of
Robert H. Teller in order to amend the Harbor Permit that currently exists on the property at
504 South Bay Front on Balboa Island,
As you are aware, Mr. Teller is the owner of the subject property. When the property
was acquired by Mr. Teller he developed the landward property as well as the construction of
the docks that currently exist today, He is requesting an -alternate use for the existing dock.
This use would allow the rental of electric boats. Subsequently, as renters realize how easy they
are to operate, some may be motivated to purchase one, and we would like the ability to sell.
It is our intent that the rentals will occur on weekends and evenings when our existing
parking. can be available. However, we assume that practically all rentals will be walk -lip
patrons and will not have automobiles, We will have 6 to 10 boats and they will travel no faster
than 5 miles per hour which will adhere to the speed limit on the bay. -
I would like to meet with you at your earliest convenience so that we may commence this
amendment process. In addition, we would be more than happy to answer any questions you
might bave. Please feel free to contact me at your convenience. Thank you very much.
,ZVery trul yours
. 'y e , �;—Vz
David B. Neish
DBN/'emy
cc: Robert H. Teller
D.B. NEIS-U, INC. 19100 Von Karman Aue., Suite 800, Imin.e., CA 92715. (714) 2,550-4,904, FAX(714) 9,55-9009
DATE: August 18, 1993
TO:' Jim Upton, City of Newport Beach Fire Department
Captain Harry Gage, Orange County Sheriff Is Harbor Patrol
FROM: Tony Melum
RE: World Wide Boat and Breakfast Incorporated
Dear Sirs,
Attached for your information, is a copy of an application by World
Wide Boat and Breakfast Incorporated. As we discussed several
weeks ago, we have requested that they provide us with this
application so that we might condition their operation to address
the concerns all of us have about this type of business.
Please let me know at your earliest convenience what your concerns
are and what you would like to see as potential conditions on this
business should a permit be issued.
If you need to discuss this with me further, please give me a call
at 644-3044.
sincerely,
Tony Melum
Deputy Director
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MARINE DEPARTMENT Telephone 644-3044
C ERCIA PERMIT APPLICATIQN
Filing Fee $400-00
Business Name: Balboa Island Electric Boat Rental
Business Mailing Addres <eti . ng Group 125 R- Baker #266
City and Zi Costa Mesa 92626
Address of Busines �ont--- iH On
Balboa Island, C7A 92662
Business Telephone— t /14) 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:
Ralph M. Rodheim 311 Onyx Balboa Island (714) 675-2044
2. Tom_Schock 2908 Broad St. Newport.Beach -(714) 631-31.41-
3,
Give name, address and telephone number of the person, or personst
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
2r. 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 walk
to the boats, hotels will shuttle the guests to the boats,
5. Days business will operate: Monday - Sunday
6. Hours of operatio mmer 8-8
'a
7. Routes of Travel: Newport Harbo'r
S. Types of activities permitted on board:
Touring of the bay and small picnics.
9. Types of merchandise to be sold Electric boats
10. 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&. however, what does accumul�Lte
will be disposed of as part of an existincr contract at the ocation.
14. Describe the type of entertainme�t 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
correct:
Date January 3, 1991 Signature:
f
Telephone (W) 557-5100 311 onl/x Balboa
Residence address
true and
TO BE FORWARDED TO FOLLOWING FOR INVESTIGATION & RECOMMENDATION:
Chief of Police
Orange County Harbor District
Othe�
Approved/Denied by Marine Department (and Date)
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ROD LUNDIN and ASSOQ. ES
9010 Reseda Blvd. Suite 226
NORTHRIDGE, CALIFORNIA 91324
(213) 349-4493
TO L"4 e ( &—a—
Pa
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WE ARE SENDING YOU 0 Attached 0 Under separate cover via—
• Shop drawings X Prints 0 Plans
• Copy of letter El Change order 0
LIEUME , OF VERASIOWUL
DATE __rI3 NO-,
ATTENTION ,44, Ale
RE.
the following items:
El Samples 0 Specifications
—COPIES
DATE
NO.
DESCRIPTION
THESE ARE TRANSMITTED as checked below:
0 For approval El Approved as submitted
KFor your use 0 Approved as noted
0 As requested 0 Returned for corrections
kFor review and comment F1
El FOR BIDS DUE 19
REMARKS
COPY TO
El Resubmit—copies for approval
• Submit—copies for distribution
• Return —corrected prints
0 PRINTS RETURNED AFTER LOAN TO US
SIGNED:
if enclosures are not as noted, kindly notify us at once.
APPLICATION.OF: Mitchell Brown
FOR: USE PERMIT NO. 3178
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 includ6s a modification to the Zoning Code so as to allow tandem and
compact parking spaces for a portion of the required off-street parking; 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.
LOCATION: 504 South Bay Front
REPORT REQUESTED BY: December 27, 1985
COMMISSION REVIEW: January 9, 1986
COMMENTS: (1) Any revision to the structure b�ayward of the bulkhead
requires a Harbor Permft
(2) Depending on the confi,guratton andluses of the docks and
floats, additional parking could -be required on the upland
site.
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
PLAN REVIEW REQUEST
Date December
13,1985
X
ADVANCE PLANNING DIVISION
X
PUBLIC WORKS DEPARTMENT
X PLANS ATTACHED
(PLEASE RETURN)
TRAFFIC ENGINEER
)CFIRE
DEPARTMENT
PLANS ON FILE IN
PLANNING DEPT.
PLAN REVIEW DIVISION
PARKS & RECREATION
POLICE DEPARTMENT
,,,,X,
MARINE --SAFETY.4-
X
GRADING
APPLICATION.OF: Mitchell Brown
FOR: USE PERMIT NO. 3178
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 includ6s a modification to the Zoning Code so as to allow tandem and
compact parking spaces for a portion of the required off-street parking; 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.
LOCATION: 504 South Bay Front
REPORT REQUESTED BY: December 27, 1985
COMMISSION REVIEW: January 9, 1986
COMMENTS: (1) Any revision to the structure b�ayward of the bulkhead
requires a Harbor Permft
(2) Depending on the confi,guratton andluses of the docks and
floats, additional parking could -be required on the upland
site.
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Union Real Estate Division
Union Oil Company of California
Union Oil Center
Los Angeles, California 90017
Telephone (213) 977-6586
union
Frank J. Rickman
Vice President
Properties and Administration
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CITY OF NEWPORT BEACH
13.0. BOX 17 68, N EWPORT BEACH, CA 92663-3884
August 28, 1984
Deryl W. Sprague
Union Oil Co.
1432 North Main
Orange, CA 92667
Re: Harbor Permit 256-504
Dear Mr. Sprague:
As the attached correspondence will substantiate, I have been
attempting over a two year period to get Union Oil to do something
regarding the illegal operation underway on the old Union Oil
gas dock at 504 South Bay Front, Balboa Island. All my attempts
have been to no avail.
This operation is in violation of Sections 17.24.010 and
17.41.020 of the Newport Beach Municipal Code, and as such
the operation must cease.
In this regard, I will, as soon as possible, ask the Newport Beach
City Council to declare this structure a nuisance ' as required
by Section 17.24.100 of the Municipal Code, and request that as
such the nuisance be abated.
If you have any questions in this regard, please call me at
640-2156.
Yours truly,
lAwl
Tony M&M
Tidelands Administrator
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3300 Newport Boulevard, Newport Beach
CA
SUSPECT #1 - PERSONAL ODDITIES SUSPECT
PERSONAL ODDITIES
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CITY OF NEWPORT BEACH
Marine Department
August 12, 1982
TO: GEORGE PAPPAS
FROM: Marine Department
SUBJECT: PIER ADMINISTRATION FEE FOR HARBOR PERMIT 0256-0504-1
Sometime in late 1981 the leasee -for the above Harbor Permit went out of
business and the property Was put into escrow. Several groups attempted
to purchase it, but none were successful. Eventually the property reverted
to the land owner, Union Oil.
In the meantime, we. had been sending out bills to the old leasee, which
were not paid and subsequently a 100/10 penalty was levied.
Union Oil has asked that we waive the penalty, because they were unaware
that it had not.been paid and had not received a bill.
The Marine Department is.requestling that the penalty be waived, based on
the above, and that.Union Oil be billed for the original amount due
of $753.95.
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To y Melum
Tidelands Administrator
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CITY
OFNEWPORT
BEACH
P.O. BOX
17/68,NEWPORT
BEACH, CA
92663-3884
April 13, 1982
W. F. Orr
Real Estate Representative
Union Oil Company
3701 Wilshire Blvd., Suite 800
Los Angeles, CA 90010
Dear Mr. Orr:
'it is our understanding that Harbor Permit #256-504 for the -fuel dock
at 504 South Bay Front, Balboa Island, is no longer in the name of
Marine Sales, Inc.,.and has been transferred back to Union Oil Co.,
the upland property owner.
It is also Our understanding that the facility is no longer being
operated as a fuel dock as originally permitted. The net effect of
this is that the structure over State Tidelands is now without a permit.
It is therefore necessary for Union Oil Co. to make application to the
City of Newport Beach to have a new permit issued. This application
must also include a statement as to what use Union O-il plans for the
facility.
Please contact me at your earliest convenience so this matter can be
resolved.
Yours truly
Tony Me17u
Tidelands Administrator
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3300 Newport Boulevard, Newport Beach
August 14, 1985
Byron Stiegemeyer
660 Newport Center Drive
Suite 1025
Newport Beach, California 92660
Dear Mr. Stiegemeyer:
The Tideland Affairs Committee, comprised of Chairman Ruthelyn
Plummer,,Councilwoman Evelyn Hart, and Mayor Phil Maurer, ex officio,
and Marine Director David Harshbarger, met With you on August 13,
1985 at 504 South Bay Front, Balboa Island to review' Harbor Permit
256-504.
It is my understanding that the Tideland Affairs Committee would
support some type of pier and dock configuration bayward of Lots
3 and 4, as long as they were in conformity with the City Council
adopted Harbor Permit Policies. In addition, the committee will
review the possibility of allowing dock encroachment bayward of
Lot 2.
The Tideland Affairs Committee is advisory -to -the City Council, and
in this situation, reference Harbor Permit Number 256-504, prior
approval of the City Council will be required before the Marine
Department may issue any permit when:
(1) The abutting upland property is a dedicated public right of way,
(2) The abutting upland property is zoned commercial,
There -is presently a nonconforming office bayward of the bulk-
head line,.which is prohibited by the Harbor Permit Policies,
(4) An existing float encroaches in front of abutting upland
property owned by others, and
(5) A change in the existing type and use of the pi-er is proposed,
David Harshbarger
Mari'ne Director, City of Newport Beach
DH: db
3300 Newport Boulevard, Newport Beach
M
H-1
HARBOR PERMIT POLICIES - Page 17
U. Bay Island. Piers will be permitted to extend to the U.S.
Pierhead Line on the west, northerly and easterly sides of the
Island. Piers will not be permitted on the north side of the
channel south of Bay Island.
V. Balboa Island. All new piers shall be subject to special permits
approved by the City Council. Revisions to existing piers will
be permitted providing they do not lessen the use of either the
immediate water or land areas.
1. South Bay Front East of U.S. Bulkhead Sta. No. 256. Piers
may be permitted to extend 16 feet channelward of the U.S.
Pierhead Line. Dredging around floats shall not exceed a
depth of 4 feet a mean lower low water along a line 85 feet
channelward of and parallel to the bulkhead line.
2. South Bav 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.
3. ISouth Ba Front from Emerald Avenue Northwest t? t�!
__!r�y o the
Westerlv Prolongation of the Northerly Line of Lot 5, Block
1, Resubdivision of Section 1, Balboa Island. Piers will be
permitted to extend to City pierhead line. Dredging around
floats shall not exceed a depth of 2 feet at mean lower low
water along a line 45 feet channelward of and parallel to
the existing concrete bulkhead.
4. E2E.�� ��. Piers may be permitted to extend 10 feet
.channelward of the U.S. Pierhead Line, except where a pier
line has been established by the City. Dredging around
floats shall not exceed a depth of 2 feet At mean lower low
water along a line 60 feet channelward of the parallel to
the U.S. Bulkhead Line or the existing concrete bulkhead.
5. East Bay.Front. Piers may be permitted to extend 10 feet
channelward of the U.S. Pierhead Line northerly of the
northerly line of Park Avenue and 16 feet channelward of the
U.S. Pierhead Line southerly of the northerly line of Park
Avenue. 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.
W. Collins Isle. Piers will be permitted to extend to the U.S.
Pierhead Line on the southwest and west side of Collins Isle. No
piers will be permitted on the north or east side of Collins
Isle.
PO
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>- CITY OF NEWPORT BEACH
U -Z MARINE DEPARTMENT
-10 F0 \V" 640-2156
November 4, 1980
Mr. John Broughton
504 South Bay Front
Balboa Island, CA 92662
Dear Mr. Broughton;
As I indicated to you the other day by telephone, the property'
bay -ward of the bulkhead surrounding Balboa Island is State
Tidelands, administered in Trust by the City of Newport Beach.
Discussions with the Newport Beach City Attorney confirmed
what I had said, that these tidelands cannot be leased by
individuals to each other, but can be leased by individuals
from the City of Newport Beach, as long as the lease complies
with the terms of the Tidelands Trust Statutes.
If I can be of any further help in this regard, please call at
640-2156.
Sincerely,
Tony Melum
Tidelands Administrator
MARINE DEPARTMENT
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City Hall - 3300 Newport Boulevard, Newport Beach, California 92663
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HARBOR RESO
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Please print 3 copies
Worksheet for Building/Fire Permit Application
City of Newport Beach
Q,,;1A;nn I-)annrtmant HARBOR RESOU IV.
1. Project Address (Not mailing address)
Legal Description Lot F Block[ Tract
2. Description of Work
Tenant Name if Commercial
, T_
F New F- Add Alter F- Derno X M/+, n
F_
# Units
Use I WW _m/v, C f A&
# Stories F -
Valuation $
,q Ft (new/add/extended)
Check Appropriate Box for Applicant/Notification Information
First
F 3. Owner's Name LastF 6&o5�
owner's Address owner's E-mail Address
State Zip Telephon
City el t
F_
First Lic. No.1
F 4. Architect/Designer's Name Last'
I
Arch itect/Desig ne rs Address Architect/Designers E-mail Address
City State Zip Telephone
F
F- 5. Engineer's Name Last FBazley FirstFTm Lic. No. F50019
Engineer's Address Engineer's E-mail Address
r
12500 Via Cabrillo Marina #200
city I CA Zip
San Pedro State F Telephoner310-548-3132
6. Contractor's Name Last Swift Slip First- Lic.No.F797052 Classr�
Contractors Address Contractors E-mail Address
12027 Placentia Ave bhswiftslip@sbcglobal.net
City Costa Mesa State 2627 Telephone 949-631-3121
[CA zip F9 F
OFFICE USE ONLY
TYPE OF CONSTRUCTION
OCCUPANCY- GROUP
PERMIT NO.
PLAN CHECK NO.
PLAN CHECK FEE $
PLAN CHECK ENG.
AME1j', C
4N
First American Title Insurance Company
114 EAST FIFTH STREET, (P. 0. BOX 267) SANTA ANA, CALIFORNIA 92702 - (714) 558-3211
August 6, 1981
City of Newport Beach
City Hall
Newport Beach, Ca.
Attn: Toni Malin
.Harbor Department
Re: Escrow No. 132 5344 -BH with Union Oil Company
Lots 3 and 4, Block 9 of Resubdivision of Section 1, Balboa Island
We have in our above numbered escrow 2.pier permits #256-504 relative
to the above property, a photo copy of which is enclosed.
Please advise escrow if permits have been issued from your office OR
do we have Union Oil Company sign off to new owner.
I would appreciate any information you can. give me concerning these
permits.
61TE HOL
Assistant Secretary
Escrow Officer
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Encl.
C111i,'Y OF NEWPORT BE#-., N%H
�Ao
C UNC L
kP REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
ROLL CAL DATE: November 24, 1980
MINUTES
1 kfr%ry
Present
x
x
x
x
x
x
A. ROLL CALL.
Absent x
Motion
x
B. The reading of the Minutes of the Regular Meeting
i
All Aye s
of N ovember 10, 1980 was waived, and the Minutes
1
were approved as written and ordered filed.
C. The reading in full of all ordinances and resolu-
tions under consideration was waived, and the City
Clerk wag directed to read by titles only.
D. HEARINGS:
Motion
x
1. The public hearing regarding the appeal of Dr.
Zone A mnd
All Ayes
Raymond J. Dern, Newport Beach, concerning Use
(94)
Permit No. 1955, a request to expand a nonconform-
ing medical office to permit the conversion of an
existing residential apartment into a dentist's
office on property located at 601 Irvine Avenue, on
the northwesterly corner of Irvine Avenue and 15th
Street in Newport Heights; zoned R-1; and denied by
the Planning Commission at its meeting of October 9,
1980, was continued to December 22, 1980, as
requested by the appellant due to his illness.
E. ORDINANCES FOR ADOPTION:
None.
F. CONTINUED BUSINESS:
Motion
x
1. (District 5) Councilman Maurer's appointment of
CAC
All Ayes
Paula Godfrey to the Environmental Quality Control
(24)
Citizens Advisory Committee to fill the unexpired
term of Robert F. Millar, ending,December3l, 1980,
was confirmed.
Motion
x
2. The report presented from the Public Works Depart-
St Irapvmt
All Ayes
ment regarding the condition of summit Street, was
(82)
referred back to staff for further study and
report subsequent to the County Flood Control
District being contacted regarding possible access
to their property via Seashore Drive.
Paul D. Breithaupt addressed the Council in support
of his request to improve the condition of Summit
Street. He did not feel the property owners would
support any improvements financially, due,to fixed
incomes and absentee ownership.
3. A report was presented from the Marine Department
Harbor"Per
dated November 10, 1980 regarding an application by
(51)' -
John Broughton to revise Harbor Permit #256-504 for
the property located at 504 South Bay Front,
Balboa Island.
Volume 34 Page 281,
L. -TY OF NEWPORT BLACH
C UNCIL MINUTES
pni i r I I mnirpyn'kpr 9L 1QAn I KJr%rV
A letter dated November 18, 1980, was presented
from the applicant, requesting withdrawal of his,
application.
Motion
X
The applicant's request was approved as submitted.
All Ayes
G. CURRENT BUSINESS:
1. A report was presented from the Planning Department
Tr 10625
regarding the Final Map of Tract No. 10625, a
request of The Irvine Company, Newport Beach,
subdividing 10.615 acres into twenty-one lots for
residential purposes, one lettered lot for private
street purposes (Lot A) and one lettered lot for
private landscape and open space (Lot B); on
property located'at 1401 San Miguel Drive, between
MacArthur Boulevard and the proposed extension of
San Miguel Drive,,southwesterly of Roger's Gardens;
zoned R -A and R -1-B.
Dave Dmohowski of The Irvine Company advised that
he concurred with the Findings and Conditions as
recommended by the Planning Commission, and request
ed approval by the Council.
Motion
X
The Final Map of Tract No. 10625 was approved,
All Ayes
incorporating by reference the Findings and Condi-
tions, I through 52, as enumerated in the Supple-
mental Report from the Planning Department, and
recommended by the Planning Commission subject to
the conditions that:
a) All remaining conditions of Tentative
Tract Map No. 10625, as amended by City
Council on May 14, 1979 and October 14,
1980, be fulfilled; and
b) All mitigation,measures described in the
Initial Study, Items 1 through 16, be
incorporated into the final design of the
project, unless otherwise modified by a
specific condition of approval; and
Resolution No. 9922 was adopted, authorizing the
R-9922
Mayor and City Clerk to exec�ite Subdivision Agree-
ments between the City of Newport Beach and The
Irvine Company in connection,with the public
improvements required with Tract No. 10625 and
accepting the.offer of dedication of right-of-way
on San Miguel Drive at MacArthur Boulevard,and
Avocado Avenue.
Volume 34 Page 282
CITY OF NEWPORT BEACH
MARINE DEPARTMENT
MAYOR AND CITY COUNCIL Page -2-
November 10,1 1980
28. ENCROACHING PIERS AND FLOATS
in areas where existing piers and floats encroach in front of abutting
upland property owned by others, a new permit, approved by the City
Council, shall be required upon:
1. Any change in type of existing use of the piers and floats.
Before the'City Council acts on the new permit, the owner of the
abutting upland roperty, in front of which the harbor facility encroaches'
p 31,
shall be notified in writing of the meeting in which the new permit will be,
considered."
Since approximately 1959, the Union.Oil Company has operated a fuel dock bayward
of the upland property they owned at 504 South Bay Front, Balboa Island. Specifi-
cally, the parcels owned by Union Oil Company are Lots 3 and 4 of Block 9. This
area is zoned C-1 and the existing fuel dock is bayward of dedicatedpubl-icright�
of way. The structure as originally built, and later revisions in 1961 and 1964,
included floats that encroached in front of Lot 2 of Block 9. This property was
not owned by Union Oil Company and a written agreement for use of.this water area
had existed between Union Oil Company and the upland property owner.
The current applicant, John Broughton, has managed the fuel dock for Union Oil
Company -and is in the process of purchasing the upland properties from them.
(Lots,3 and4of Block 9)
Once Mr. Broughton has acquired these properties -,he wishes to remove the fuel
dock and build boat slips in its.place (see attached diagram). The slips, as
revised,,.will1notlessen the use.of either the immediate water or land area, as
required by'the- Harbor Permit Policie I s, Section 22,, quoted below:
1122. BALBOA ISLAND
..Piers presently in use may be repaired but recommendations for any
additions or remodeling shall be restricted to such.changes that do not
lessen the use of either the immediate water or land areas."
The Balboa Is land Improvement Association has reviewed the dock plan and favors
the modification as indicated in their letter attached.
As-requir-ed by the above,quoted Harbor Permit Policies, the upland, property owner
of.Lat 2 'Block .9 has been notified by registered letter that the application for
revision will be considered by the City Council at their regularly scheduled
meeting on November 10, 1980.
DAVID HARSHBARGER, DIRECTOR
MARINE -DEPARTMENT,
Tony Melum
Tidelands Administrator
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Union Oil Company t alifornia
union
City of Newport Beach
Marine Department November 18,1980
70 Newport Pier
Newport Beach* California
Mr. Tony Melum,
It is hereby requested that our Application for
Marine Dock Remodeling No. 256-504 at 504 So. Bay Front
Balboa Islandq California be with drawn as per our
discussion. Thank you for your help in this matter.
Sincerely yours,
Agent For Union 01 ompany
Form 402 SD (Rev. 7/67)
In Reply Give No.
,via
Marine Sales & Service, Inc.
504 South Bay Front
Balboa Island, California 92662
Telephone (714) 673-4300
John's Union Dock
John Broughten
union
STATUS SHEET
HARBOR PERMITS
LOCATION New
PERMIT NO.— ;W -le Revision
APPLICANT NAME j t Dredging
CONTRACTOR— —/—. Ag -
Date Rec'.v 104—" Fee Amt. Fee Processed
Date Reviewed by Marine Dept.
Approved Denied
CorectionRequired - Description
City Council: Approved Denied
Remarks
CITY OF NEWPORT BEACH
MARINE DEPARTMENT
November 3, 1980
TO: CITY CLERK
FROM: Marine Department
SUBJECT: AGENDA FOR CITY COUNCIL MEETING OF NOVEIMBER 10, 1980
Please include the following on the agenda of the November 10, 1980 City
Council meeting:
1. A report from the Marine Department regarding an application by
John Broughton to revise an existing structure over tidelands,
under Harbor Permit #256-504, located at 504 S. Bay Front.
ACTION: If desired, (a) approve the application subject to
the conditions of approval listed in the staff report;
(b) deny the application.
2. A report from the Marine Department regarding the Orange County
LIfeguard Financial Assistance Agreement for FY 1980-81. The
County has requested that Newport Beach request this aid b y formal
resolution. The amount of $98,037 has been set aside in the
1980-81 County budget.
ACTION: If desired, adopt Resolution No. authorizing the
Mayor and City Clerk to request financial assistance
from the County of Orange in the amount of $98,037.
Tony Melum
Tidelands Administrator
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DATE 4; -TIME
FOR- Ll
WHILE YOU WERE OUT
M- :tilo -)l w 0:47 c- 5
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PHONE No. -L1,5 f�ac) EXT
TELEPHONED
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PLEASE CALL
RETURNED YOUR CALL
WILL CALL AGAIN
CAME IN TO SEE YOU
URGENT
MESSAGE Z106� /f�
November 4, 1980
CITY OF NEWPORT BEACH
Balboa Island Improvement Ass'n.
P.O. Box 64
Balboa Island, CA 92662
Gentlemen:
MARINE DEPARTMENT
640-2156
The Newport Beach City Council, at its regularly scheduled meeting
on November 10, 1980, at 7:30PM, will consider a permit application
by Mr. John Broughton. The object of this permit is to revise the
Union Oil Company fuel dock which is bayward of 504 South Bay Front.
If you have concerns which you would like to make known to the Council,
a representative of your association should attend the above referenced
meeting.
If I can be of any assistance regarding the above, please give me a
call at 640-2156.
Sincerely,
Tony Melum
Tidelands Administrator
MARINE DEPARTMENT
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City Hall - 3300 Newport Boulevard, Newport Beach, California 92663
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POO 911603962
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDEo—
NOT FOR INTERNATIONAL MAIL
See Reverse)
Dear Mr. Kniss:
Thank you for your letter of 9 0 tober lq�g notifying us of
your intent to construct a :modification of a boat dock at
504 S. Bayfront,, ots 2.3;and 2 Block 9., Tract Balboa Islafid
Your drawings have been reviewed and generally conform to the provisions
of General Permit GPOO4 for privately owned boat docks
in Newport Ba�7-
Providing you have complied with State and local laws you may proceed
with the work.
Your proposed work has been assigned General Permit No. GP 004'106 -
if vou have any further questions please feel free to call our Navigation
Branch at (213) 688-5606- and refer to this number. A copy of the General.
permit is inclosed.
Sincerely,
1 Incl W. H. MAHONEY
As stated Assistant Chief, Construction -
Operations Division
F P Rke
FL 537A
Apr 77
WATERFRONT CONSTRUCTION
2410 Newport Boulevard
Newport Beach, California 92660
Telephone (714) 673-1960
Contractors Licenso No. 258975A
To: John Brouahton 29th Septe-rber 1980
504 S. Bayfront
Balboa Island, California 92662
Re: New Dock
Dear Mr. Broughton :
For your convenience and to expedite the processing
of the permits, etc. that are necessary to the above
project, I can sign for you as your agent on all such
documents. If this is your desire, please endorse below.
Please retain one copy for your file.s.
Sincerely,
TRAUTWEIN BROTHERS
e- N
9a -m Kniss / -/
I authorize you to act as my agent on the above project.
(iig'natur'e
Date
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CITY OF NEWPORT BEACH
MARINE DEPARTMENT
November 10, 1980
TO: MAYOR AND CITY COUNCIL ITEM NO.:
FROM: Marine Department
SUBJECT: APPLICATION BY JOHN BROUGHTON TO REVISE HARBOR
PERMIT #256-504 FOR THE PROPERTY LOCATED AT
504 SOUTH BAY FRONT, BALBOA ISLAND
Recommendation:
If desired,
(A) Approve the application subject to:
1. Harbor Permit #256-504, now in the name of Union Oil Company,
be transferred to the applicant.
2. The applicant provide the Marine Department with documentation
indicating he is the upland property owner of Lots 3 and 4 of
Block 9, or long-term lessee.
3. That the boat slips be res erved for the use of the upland
occupants And that in the event the facility is operated as a
commercial marina, restrooms and parking be provided in
accordance with Council Policies.
4. That during the demolition of the existing structure, the
applicant take positive measures to prevent debris from entering
the.bay.
(B) Deny the application.
Discusgion:
The prior approval of the City Council is required on.this application as called
for in several sections of.theNewport Beach Harbor Permit Policies, listed below.
"5. ISSUING OF PERMITS
B. Prior approval of the City Council will be required before the Marine
Department may issue any permit that does -not conform to the standard
harbor drawings and the adopted Harbor Permit Policies.
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.
3. The abutting u�land property is zoned commercial.
MAYOR AND CITY COUNCIL Page -2-
November 10, 1980
28. ENCROACHING PIERS AND FLOATS
In areas where existing piers and floats encroach in front of abutting
upland property owned by others, a new permit, Approved by the City
Council, shall be required upon:
I., Any change in type of existing use of the piers and,float6.
-Before the City Council acts on the new permit, the owner of the
abutting upland property, in front of which the harbor facility -encroaches
shall be notified in writing of the meeting in which the new permit will be
considered."
Since approximately. -1959, the Union.Oil Company.has operated a fuel dock bayward
of the upland property they owned at 504 South Bay Front, Balboa Island. Specifi-
cally, the parcels owned by Union Oil Company are Lots 3 and 4 of Block 9. This
area is zoned C-1 and the existing fuel dock is bayward of dedicated public.right
of way. The structure as originally built, and later revisions in 1961 -And 19 64,
included floats that encroached in front of Lot 2 of Block 9. This property was
not owned by Union Oil Company and a written agreement for use of.this water area
had existed between Union Oil Company and the upland property owner.
Thecurrent applicant,, John Broughton, has managed.the fuel dock for Union Oil
Company and is in the process of purchasing the.upland properties from them.
.(Lots 3 and 4 of.Block 9).
Once Mr. Broughton has acquired these properties he wishes to remove the fuel
dock and build -boat slips in its place (see attached diagram). The slips, as
revised, willn,ot lessen the use of either thelmmediate water or land area, as
required by the Harbor P-1 drmit Policies, Section 22, quoted below:
"22. BALBOA ISLAND
presently in use may be repaired but recommendations for any
additions or remodeling shall be restricted to such changes that do not
lessen the use of either the immediate water or land areas.1'
The.Balboa Island Improvemen . t Association has reviewed the dock plan and favors
the modification as indicated in their letter attached.
As, -required by the above quoted Harbor Permit Polities, the upland property owner
of1ot Z Block 9 has been notified by registered letter that the application for
revision will be considered by the City Council at their regularly scheduled
meeting on November 10, 1980.
DAVID HARSHBARGER, DIRECTOR
MARINE DEPARTMENT
Tony Melum
Tidelands Administrator
TM:ak
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BALBOA ISLAND*-----,_',-.-' IMPROVEMENT ASS'N
P. 0. BOX #64
BALBOA ISLAND, CALIFORNIA 92662
TELEPHONE (714) 675-1773
September 12, 1980
Mr. William Laycock
Planning Administrator
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Mr. Laycock:
SUBJECT: Proposed plans for the Union Dock and two lots on Balboa Island
Your department, I believe, is aware that Mr. John Broughten is working on
plans for the area of Balboa Island now used as docks by the Union Oil-dompany.
Our Board looked at the plans this week. We encourage efforts to beautify
the Island and support the proposed 2nd floor residences with 2 tandem carport
spaces each below, and the first floor business areas with necessary parking
spaces behind.in tandem. It is the understanding of the Board that the entire
construction project is under R 1.5 allowable floor area and adheres to all
City building codes.
In addition, the Board favors the modification of the docks as presented,
provided their use and control are relatedto the residences. Beyond this,
the Board does not have thetechnical knowledge to make a further statement.
Sincerely,
Gail Vinje Smith, President
CCI:,i David Harshbarger, Marine Director City of Newport Beach
Little Balboa Island Property Owners Association
Balboa Island Business Association
Balboa Island Chamber of Commerce
Mr.. John Broughten
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NOV 10 79R() CITY OF NEWPORT BEACH
MARINE DEPARTMENT
By the CITY COUNCIL
CiTy, -QF MWPORT HACH
November 103, 1980
TO: MAYOR AND CITY COUNCIL ITEM NO.:
FROM: Marine Department
SUBJECT: APPLICATION BY JOHN BROUGHTON TO REVISE HARBOR
PERMIT #256-504 FOR THE PROPERTY LOCATED AT
504 SOUTH BAY FRONT, BALBOA ISLAND
Recommendation:
If desired,
(A) Approve the application subject to:
1. Harbor Permit #256-504, now in the name of Union,Oil Company, .
be transferred to the applicant.
2. The applicant provide the Marine Department with documentation
indicating he is the upland property owner of Lots 3 and 4 of
Block 9, or long-term lessee.
3. That the boat slips be reserved for the use of the upland
occupants and that in the event the facility is operated asa
commercial marina, restrooms and parking be provided in
accordance with Council Policies.
4. That during the demolition of the existing structure, the
applicant take positive measures to prevent debris from entering
the bay.
(B) Deny the application.
Discussion:
The prior approval of.the City Council is required on this application as called
for in several sections of the Newport Beach Harbor Permit Policies, listed below.
"5. ISSUING OF PERMITS
B. Prior approval of the City Council will be required before the Marine
Department may issue any permit that does not conform to the standard
harbor drawings and the adopted Harbor Permit Policies.
C. Prior approval of the City Council will also b'e 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.
3. The abutting upland property is zoned commercial.
MAYOR AND CITY COUNCIL
.November 10, 1980
28. ENCROACHING PIERS AND FLOATS
In areas where existing piers and floats encroach in front of abutting
upland property owned by others, a new permit, approved by the City
Council, shall be required upon:
1. Any change in type of existing use of the piers and floats.
Before the City Council acts on the new permit, the owner of the
abutting upland propertyj in front of which the harbor facility encroaches,
shall be notified in writing of the meeting in which the new permit will be
considered."
Since approximately 1959, the Union Oil Company has operated a fuel dock bayward
of the upland property they owned at 504 South Bay Front,, Balboa Island Specifi-
cally, the parcels owned by Union Oil Company are Lots 3 and 4 of Block*9. This
area is zoned C-1 and the existing fuel dock is bayward of dedicated public right
of way. The structure as originally built, and later revisions in 1961 and 1964,
included floats that encroached in front of Lot 2 Of Block 9. This property was
not owned by Union Oil Company and a written agreement for use of this water area
had existed between Union Oil Company and the upland property owner.
The current applicant, John Broughton, has managed the.fuel dock for Union Oil
Company and is in the process of purchasing the upland properties from them.
(Lots 3 and 4 of Block 9)
Once Mr. Broughton has acquired these properties he wishes to remove the fuel
dock and build boat slips in its place (gee attached diagram). The slips, as
revised, will not lessen the use of either the immediate water or land area, as
required by the Harbor Permit Policies, Section 22,, quoted below:
"22. BALBOA ISLAND
Piers presently in use may be repaired but recommendations for any
additions or remodeling shall be restricted to such changes that do not
lessen the use of either the immediate water or land areas."
The Balboa Island Improvement Association has reviewed the dock plan and favors
the modification as indicated in their letter attached.
As required by the above quoted Harbor Permit Policies, the upland property owner
of Lot 2 Block 9 has been notified by registered letter that the application f ' or
revision will be considered by the City Council at their regularly scheduled
meeting on November 10, 1980.
DAVID HARSHBARGER, DIRECTOR
MARINE DEPARTMENT
Tony Melum
Tidelands Administrator
TM: ak
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BALBOA ISLAND'--._-...-.. IMPROVEMENT ASS'N
P. 0. BOX *64
BALBOA ISLAND, CALIFORNIA 92662
TELEPHONE (714) 675-1773
September 12, 1980
Mr. William Laycock
Planning Administrator
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA '92663
Dear Mr. Laycock:
SUBJECT: Proposed plans for the Union Dock and two lots on Balboa Island
Your department, I believe, is aware that Mr. John Broughten is working on
plans for the area of Balboa Island now used as docks by the Union Oil Company*
Our Board looked at the plans this week. We encourage efforts to beautify
the Island and support the proposed 2nd floor residences with 2 tandem carport
spaces each below, and the first floor business areas with necessary parking
spaces behind in tandem. It is the understanding of the Board that the entire
construction project is under R 1-5 allowable floor area and adheres to all
City building codes.
In addition, the Board favors the modification of the docks as presented,
provided their use and control are related to the residences. Beyond this,
the Board does not have the technical knowledge to make a further statement.
Sincerely,
1-3ail Vinje Smith, President
CC:, David Harshbarger, Marine Director City of Newport Beach
Little Balboa Island Property Owners Association
Balboa Island Business Association
Balboa Island Chamber of Commerce
Mr. John Broughten
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CItY of Newport Beach
Marine Department November 18,1980
70 Newport Pier
Negport 3each, California
Mro Tony Melum,
it is hereby requested that our Application fox,
Marine Dock Remodeling No. 256-504 at 504 so. Bay Fr,.,)nt
Balboa Island California be with draw -n as per our
discussion. Thank You for your help In this matter.
Sincerely yours,
Agent For Union 011 -Company
402 SO jiek, -1167j
November 4, 1980
CITY OF NEWPORT BEACH
Mr. Guy Matics
12341 Red Hill Avenue
Santa Ana, CA
Dear Mr. Matics:
MARINEDEPARTMENT
640-2156
The Newport Beach City Council, at its regularly scheduled meeting
on November 10, 1980, at 7:30PM, will consider a permit application
by Mr. John Broughton. The object of this permit is to revise the
Union Oil Company fuel dock which is bayward of 504 South Bay Front,
and your property to the west. (See attached diagram)
We are notifying you as required by section 28 of the Newport Beach
Harbor Permit Policies, which states in part:
"28. ENCROACHING PIERS AND FLOATS
In areas where existing piers and floats encroach in
front of abutting upland property owned by others, a
new permit, approved by the City Council, shall be
required upon:
1. An y change in type of existing use of the piers
and floats.
Before the City Council acts on the new permit, the owner
of the abutting upland property, in front of which the
harbor facility encroaches, shall be notified in writing
of the meeting in which the new permit will be considered."
If you have concerns which you would like to make known to the Council,
you, or a representative, should attend the above referenced meeting.
If I can be of any help in the meantime, please call 640-2156.
Sincerely,
Tony Melum
Tidelands Administrator
TM: ak
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City Hall - 3300 Newport Boulevard, Newport Beach, California 92663
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CITY OF NEWPORT BEACH, CALIF. WX FORM 68�1010
NAME
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CITY OF NEWPORT BEACH. CALIF.
NAME
ADDRESS OF PROPOSED FACILITY
PERMIT
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504 S. Bay Front
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DATED 9 /z- '-/a 0
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SIGNATURE
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SPECIAL CONDITIONSi
CITY OF NEWPORT BEACH. CALIF.
Union 76 Division: Western Region
Union Oil Company of California
3701 Wilshire Blvd., Suite 800
Los Angeles, California 90010
Telephone (213) 977-6950
union
W. F. Orr
Real Estate Representative
CITY OF NEWPORT BEACH
MARINE DEPARTMENT
November 10, 1980
TO: 11AYOR AND CITY COUNCIL ITE1,1 NO.:
FROM: Marine Department
SUBJECT: APPLICATION BY JOHN BROUGHTON TO REVISE HARBOR
PERMIT #256-504 FOR THE PROPERTY LOCATED AT
504 SOUTH BAY FRONT, BALBOA ISLAND
Recommendation:
If desired,
(A) Appr.ove the application subject to:
I . Harbor Permit #256-504, now in the name of Union Oil Company,
be transferred to the applicant.
2. The applicant provide the Marine Department with documentation
indicating he is the upland property owner of Lots 3 and 4 of
Block 9, or long-term lessee.
3. That the boat slips be reserved for the use of the upland
occupants and that in the event the facility is operated as a
commercial marina, restrooms and parking be provided in
accordance with Council Policies.
4. That during the demolition of the existing structure, the
applicant take positive measures to prevent debris from entering
the bay.
(B) Deny the application.
n4 00-00-i n" -
The prior approval of the City Council is required on this application as called
for in several sections of the Newport Beach Harbor Permit Policies, listed below.
"5. ISSUING OF PE101ITS
B. Prior approval of the City Council will be required before the Marine
Department may issue any permit that does not conform to the standard
harbor drawings and the adopted Harbor Permit Policies.
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.
3. The abutting upland property is zoned commercial.
MAYOR AND CITY COUNCIL
November 10, 19 80
28. ENCROACHING PIERS AND FLOATS
In areas where existing piers and
upland property owned by others,
Council, shall be required upon:
Page -2-
floats encroach in front of abutting
a new permit, approved by the City
1. Any change in type of existing use of the piers and floats.
Before the City Council acts on the new permit, the owner of the
abutting upland property, in front of which the harbor facility encroaches,
shall be notified in writing of the meeting in which the new permit will be
considered."
Since approximately 1959, the Union Oil Company has operated a fuel dock bayward
of the upland property they owned at 504 South Bay Front, Balboa Island. Specifi-
cally, the parcels owned by Union Oil Company are Lots 3 and 4 of Block 9. This
area is zoned C-1 and the existing fuel dock is bayward of dedicated public right
of way. The structure as originally built, and later revisions in 1961 and 1964,
included floats that encroached in front of Lot 2 of Block 9. This property was
not owned by Union Oil Company and a written agreement for use of this water area
had existed between Union Oil Company and the upland property owner. *
The current applicant, John Broughton, has managed the fuel dock for Union Oil
Company and is intheprocess of purchasing the upland properties from them.
(Lots 3 and 4 of Block 9)
Once Mr. Broughton has acquired these properties he wishes to remove the fuel
dock and build boat slips in its place (see attached diagram). The slips, as
revised, will not lessen the use of either the immediate water or land area, as
required by the Harbor Permit Policies, Section 22, quoted below:
"22. BALBOA ISLAND
Piers presently in use may be repaired but recommendations for any
additions or remodeling shall be restricted to such changes that do not
lessen the use of either the immediate water or land areas."
The Balboa Island ' Improvement Association has reviewed the dock plan and favors
the modification as indicated in their letter attached.
As required by the above quoted Harbor Permit Policies, the upland property owner
of Lot 2 Block 9 has 'been notified by registered letter that the application for
revision will be considered by the City Council at their regularly scheduled
meeting on November 10, 1980.
DAVID HARSHBARGER, DIRECTOR
MARINE DEPARTMENT
Tony Melum
Tidelands Administrator
TM. ak
attch
V
September 12, 1980
Mr. William Laycock
Planning Administrator
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Mr. Laycock:
IMPROVEMENT ASS'N
P. 0. BOX # 64
BALBOA ISLAND, CALIFORNIA 92662
TELEPHONE (714) 675-1773
SUBJECT: Proposed plans for the Union Dock and two lots on Balboa Island
Your department, I believe, is aware that Mr. John Broughten is working on
plans for the area of Balboa Island now used as docks by the Union Oil-6ompany.
Our Board looked at the plans this week. We encourage efforts to beautify
the Island and support the proposed 2nd floor residences with 2 tandem carport
spaces each below, and the first floor business areas with necessary parking
spaces behind in tandem. It is the understanding of the Board that the entire
construction project is under R 1-5 allowable floor area and adheres to all
City building codes. �
In addition, the Board favors the modification of the docks as presented,
provided their use and control are related to the residences. Beyond this,
the Board does not have the technical knowledge to make a further statement.
Sincerely,
Uail Vinje Smith, President
CC-.. David Harshbarger, Marine Director City of Newport Beach
Little Balboa Island Property Owners Association
Balboa Island Business Association
Balboa Island Chamber of Commerce
Mr. John Broughten
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Applications
-These applications request approval to remodel and -enlarge an existing
residential apartment and construct one new residential apartment on
the second story over an existing commercial building located in the
C-1 District. In accordance with Section 20.35 ' 020 (c) of the Newport
Beach Municipal Code, residential uses are permitted in the C-1 dis-
trict subject to securing a use permit. Use permit procedures are
outlined in Chapter 20.80 of the Municipal Code,
-Planning Commission Metcing October 23, 1980
Agenda Item No. 6 & 7
CITY OF NEWPORT BEACH
TO:
Planning Commission
FROM:
Planning Department
SUBJECT:
USE PERMIT NO. 1958 (Public Hearing)
Request to remodel and enlarge an existing residential
apartment and construct o-ne new residential apartment
on th,e second story over an existing commercial
building located in the C-1 District. A modi.fication
to the Zoning Code is also requested sih-ce a portion
of the required parking spaces are tandem spaces (where
the Municipal Code requires that all parking spaces
shall be independently accessible and usable) and en-
croa,c.h 5 feet into the required 10 foot rear setback
adjacent to -a 15 foot wide alley.
AND�
RESUBDIVISION NO. 668 (Public Helaring)
Request to establish one parcel of land and eliminate
an in%terior lot line where two lots now exist so as to -
permit the remodel and expansion of the residential
portion of a combined residential-commercialdevel-
opment in the C-1 District.
LOCATION,:
Lots 3 and 4, Block 9, Balboa Island,, located at 504
South Bay Front, on the northeasterly side of South
Bay Front between Opal Avenu,e and Agate Avenue on
Balboa Island.
ZONE:
C-1
APPLICANT:
Union -Oil Company, John Broughten
OWNER:
Union Oil Company
Applications
-These applications request approval to remodel and -enlarge an existing
residential apartment and construct one new residential apartment on
the second story over an existing commercial building located in the
C-1 District. In accordance with Section 20.35 ' 020 (c) of the Newport
Beach Municipal Code, residential uses are permitted in the C-1 dis-
trict subject to securing a use permit. Use permit procedures are
outlined in Chapter 20.80 of the Municipal Code,
Ple ing Commission 2.
A modification to the zoning c I ode is also requested since a portion
of the required parking spaces are tandem spaces and encroach into
the required 10 foot rear setback adjacent to a 15 foot alley. The
Municipal Code requires that all required parking spaces in the C-1
District be independently accessible and that a minimum 10 foot
rear setback be provided on C-1 lots which rear upon any alley.
Mo.dification procedures are contained in Chapter 20.81 of the
Municipal Code.
A resubdivision is also requested for the purpos . e of creating a
single building site, where two lots now exist. Section 20.87.090
of the Newport Beach Municipal Code provides that where a building
site is comprised of more than one subdivided lot, or fraction
thereof, a resubdivision is required when new construction or
alterations to existing structures, in excess of $5,000.00, is
proposed in any one year period. Resubdivision procedures are
outlined in Section,19.12.040 of the Newport Beach Municipal Code.
Environmental Si.9nificance
These applications have been reviewed, and it has been determined
that Use Permit 1958 is exempt under Class 3 (Construction of small
structures) and Resubdivision 668 is exempt under Class 5 (alterations
in land use limitations) from the requirements of the California
Environmental Quality Act.
Conformance to the General Plan and Dra ft Local Coastal Plan (LCP)
The project is consistent with the overall prov.isions of the land
use element of the General'Plan and the Draft LCP, as well as the
specific land use proposals established for Balboa Island. The
land use man of the General Plan and the,LCP designate the subject
property as Retail Service Commercial. Residential uses are per-
mitted in I conjunction with a primary commercial use on the property.
Subject P.roperty and Surrounding Land U'ses
The subject property is presently developed with a 1600 square foot
commercial building located on two 30.48' x 86.35' lots. The ground
floor of the building is divided into two commercial shops and there
is a residential apartment occupying approximately half of the second
story with the remainder being used for an open sun -deck. On the
rear portion of the property (adjacent to the alley) there are
above -ground fuel tanks and a small tin storage building. Directly
adjacent to the alley, there is a small amount of open area which
provides the only available on-site parking. It is estimated that
approximately three cars could legally pa . rk in this area without
projecting into the alley.
Bayward of the property are private dock facilities along 61 feet
of the main channel of Newport Harbor. The dock facilities are
presently used by Union Oil Company for a marine fuel dock- and a
small convenience store which offers fishing tackle, packaged
food items, beverages and live fishing bait.-
Planning Commission 3. -
To the north of the subject property,, across a 15 foot wide alley,
is a single family dwelling which fronts on Opal Avenue and an
antique shop on a lot fronting on Agate Avenue; to the east is
a single family dwelling; to the south is the,main channel of
Newport Harbor; and to the west, is a commercial building with
.a hair dresser and offices.
Background
The earliest record of any development on the subject property,
is a permit for a free-stan-ding pole sign issued in October of
1946. In February,.1956 a building permit was issued for a 360
square foot sales.office addition to an existing structure which
was subsequently remodeled in June 1964. In any case,At appears
that a majority of the 1600 square feet of the ground floor,
commercial area and the existing second -story residential apart-
men�t, were built prior to 1946.
In April of 1964, the Planning Commission approved Use Permit
1036, which permitted the sale of live bait at the existing fuel
dock facility. Said use is still conducted bayward of the property.
Analysis
The applicant proposes to remodel and enlarge the existing second -
story apartment and construct a new residential apartment on the
remaining buildable area of the second story level. The following
information reflects the major characteristics of the proposed
development:
Number of Stories ------------------------- 2
Building Height ------------------ I --------- 25.5 ft. to top of parapet
Permitted building height ------------------ 26/35 ft. height limita-
tion district
Permitted building height
(if property were zoned C-R) -------------- 26/35 ft. height limita-
tion district
Gross Floor Area by Level
First Level (commercial) ---------------- 1600 sq. ft.
Second Level (residential) -------------- 3829 sq. ft.
(Unit A 1972 sq. ft.
(Unit B 1857 sq. ft.
Floor area of commercial shops ---------- 1480 sq. ft. +
(excluding exterior walls)
Planning Commission - 4.
Land Area ------------- ------------------------ 5,263.89 sq. ft.
(60.96- x 86.35')
Buildable Area ------------------------------- 4654 sq. ft.
(60.96 x 76.35)
2 x buildable, excluding parking
areas (permitted in the C-1 District --------- 9308 sq. ft.
1.5 x buildable area, excluding
parking areas (permitted if
property were zoned C-R) ---------------------- 6981 sq. ft.
Total Proposed Building Area ----------------- 5429 sq. ft.
Floor Area Ratio --------------------------- 1.16 x buildable,
excluding parking spaces
Number of residential units ------------------ 2, based upon one du/
(permitted if property were each 2�000 sq. ft. of
zoned C-R). lot area
Required Setbacks
Front-------------------------------------- 0 ft.
Sides ------------------------------------ __O ft.
Rear --------------------------------------- 10 ft.
Required setbacks if property
were zoned C-R ----------------------------- See details below
Provided Setbacks
Front (S. Bay front) ----------------------- 0 ft. for commercial
0 ft. for residential
Sides -------------------------------------- 5 ft. for commercial
0 ft. - 6 ft. for
residential
Rear (alley) ---------------------- I ---------- varies, 28 ft. to 38 ft.
for commercial ;
10 ft. for residential
5 ft. for parking
Required Off-street Parking
Commercial ------------------------------- 6 parking spaces.
Residential ------------------------------ 3 parking spaces
Provided Off-street Parking
Commercial ------------------------------- 7 parking spaces
(including 3 tandem
spaces)
Residential ------------------------------ 4 parking spaces, 2 per
dwelling unit (including'
2 tandem spaces).
Plat,oing Commission
Reauired Yard Setbacks
5.
The subject property is located in the C-1 District and could�
therefore be developed commercially without any setbacks other
than the,required 10 foot.rear yard setback adjacent to the
existing 15 foot wide alley. However, Section 20.35.045 of the
Municipal Code provides that every building or portion thereof
W,hich is designed or used for any dwelling group in the C-1
Yistrict shall comply with the requirements of such appropriate
residential district as is determined by the use to which the ,
commerci.al property is being put. Staff is of the opinion that
the C-R requArements would be appropriate, since the Land Use
Element of the -General Plan designates the site for a m ixture
of residential and commerci-al development.
The Municipal Code has no front or side yard requirements for
the commercial portion of any structure in a C-R District. How-
ever, a 10 foot rear yard is requ . ired for both commercial and
residential portions of any.bui,lding. The C-R District also
provides for A minimum 10 fo9t front yard setback for the resi-
dential area of a mixed commerci-al-residential building.
1 0 Foot Front Yard tn'the C-R District
The existing residential apartment encroaches 10 feet into the
front setback area (i.e. to the front property line) which the
applicant proposes to retain. The applicant is also requesting
to construct the new residential apartment with an,identical
el.ncroachment.for the purpose of maintaining architectural har-
mohy between the old and new construction.
The primary function of the front yard setback for residential
uses in the C-R District, has been to provide a certain amount of
useable open space for the residential use that would not other-
wise be provided.
A review of other residential -commercial uses recently approved
by the Planning Commission on Balboa Island indicates that useable
-open space, in the form.of open balconies or decks, ha've been
provided along the front of the lots, equal to an area that could
be calculated by a minimum dimension of 6 feet, times 50 percent
of the proposed dwelling unit frontage along South Bay Front on
the subject property.
Staff therefore recommends that the proposed development be re-
vised to meet the minimum open space requirements noted above.
Off -Street Parking Spaces
Two of the proposed on-site p arking spaces, located at the rear
of the subject property, encroach five feet into the required 10
foot rear setback -area (parking space Nos. 9 and 11 on the attached
plot plan). Parking space No. 10 also encroaches approximately 1.5
Plan-ing Commission 6.
feet into the required rear yard. Altho.ugh the Code requires a
10 foot rear yard setback for C-1 lots adjacent to an alley, the
Planning Commission has previously allowed encroachments up to
5 feet for res ' idential-parking spaces. In this particular project,
parking space Nos. 1, 6, 7 and 11 will be used for the resi-
dential apartments. ThereforeS only parking space Nos. 9 and 10
maintain encroachments which are inconsistent with previous
Planning Commission actions. However, staff is of the opinion
that the 10 foot rear yard should be maintained so as to provide
adequate vehicular maneuverability adjacent to the alley as well
as to provide space for delivery trucks to park on the subject
property. If implemented, the following suggested alterations
to the parking area design, will remove all parking space en-
croachments in the 10 foot rear yardS with the exception of a
minor 6 inch e.ncroachment of residential parking space No.,11.'
Staff has no objection to such an encroachment.
0
Omit parking space No. 9 in that it is,excess parking
and not necessary, based on the commercial parking
requirement of one parking space for each 250 square
feet of commercial floor area.
0 Move parking space Nos. 5 and 10 forward at least
1.5 feet towards the building so as to remove any
commercial parking space encroachment into the 10
foot rear setb.ack and to maximize themaneuvering
area adjacent to t,he alley.
0 Move residential parking space Nos. 6 and 11 forward
4.5 feet, so as to maintain a clear 10 foot rear yard
adjacent to the alley.
Proposed Parking
If th e parking area design is altered as suggested by staff, a
total of ten parking spaces will be provided in conjunction with
the proposed development. Six of the parking spaces are for
the commercial shops, based on one parking space for eac-h 250
square feet of net commercial floor area (i.e. 1480 sq. ft—divided
by 250 sq. ft. which, equals 5.92 or 6 spaces) and four of the
parking spaces are for the two residential apartments, which
exceeds t,he.minimum park.i.ng requirement of 1-.5 parking s,paces for
each dwelling unit.
Four of the suggested ten parking spaces are tandem spaces. Staff
has no objections to the use of tandem parking in this particular
case, considering that two of the tandem spaces will be utilized
by the residential apartments (Nos. 1 and 6). The other tandem
parking spaces (Nos. 2 and 5) will b.e reserved for persomne'l working
in the commercial shops.
Planning Commission 7.
Private Dock Facilities
As indicated previously, the property bayward of the subject
property maintains private fuel dock facilities along the main
channel of Newport Harbor. The appl'icant has recently made
application to the Newport Beach Marine Department to terminate
the fuel dock operation and redesign the dock facilities for
the exclusive use of the adjoining residential units on -the site.
Said request is presently being reviewed by the Marine Department.
Said Department has received favorable comments from the Balboa
Island Improvement Association in conjunction with the proposed
development and the -deletion of the fuel dock facility.
Spetific-Finding5 and Recommendations
Section 20.80.060 of the Newport Beach Municipal Code provides
that in order to grant any,use permit, the Planning Commission
shall fi nd that the establishment, maintenance or operation of
the use or building applied for will not, under the circumstances
of the particular case, be detrimental to the health, safety,
peace, morals, comfort and general welfare of,persons residing
or working in the neighborhood of such proposed use or beldetri-
mental or injurious to property andimprovements in the neighbor-
hood or the g.eneral welfare of the City. In addition, S-ection
19.12.020 (D) of the Municipal Code provides that the Commission,
shall make specifi-c findings in order to approve a resubdivision.
it is staff's recommendation to approve these applications subject
to the findings and conditions as set forth in Exhibit "A" attached.
PLANN.ING DEPARTMENT
JAMES D.. HEWICKER, DIRECTOR
B
Wi liam-'Ward
Senior Planner
WW/pw
Attachments: Exhibit
Vicinity Map
Tentative Map
Statements from applicant
Balboa Island Improvement Association letter dated
September 12, 1980
Plot Plans, Floor Plans and Elevations
EXHIBIT "A"
USE____PERM.IT NO. 1958
A. FINDINGS
1. That the proposed use is consistent with the Land Use
Element of the General Plan and is compatible with
surrounding land uses.
2. The project will not have any significant environmental 0
impact.
�31. With exception of the 10 foot front setback for the
residential portion of the building and with the
proposed open space revisions recommended by staff,
the proposed development meets or -exceeds all of the
development standards of the C-R District.
4. That the establishment of one residential tandem parking
space on the site,will not, under the circumstance's of
the particular case, be detrimental to the health,
safety, peace9 comfort and general welfare of persons
residing or working in the neighborhood of.sqch proposed
use or be detrimental or injurious to property and im-
provements in the neighborhood or the general welfare
of the City and furt�her that the proposed modification
is consistent wt th the legislative intent of Title 20
of this Code.
5. The approval of Use Permit No. 1958 will not, under the
circumstances of this case, be detrimental 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.
B. CONDITIONS
1. That development shall be in substantial conformance
with the approved plot plan, floor plans, and elevations,
except as noted below.
2. That parking space No. 9,,shown on the submitte.d plot plan,
be deleted.
3. That parking space Nos. 6 and 11, shown on the submitted
plot plan, be moved forward on the site 4.5 feet and
parking space Nos. 5 and 10 be moved forward at least
1.5 feet.
-9 -
EXHIBIT "A" (Continued)
4. That all- conditions of Resubdivision No. 668 shall be fulfilled.
5. That the applicant shall provide each dwelling unit useable
openspace along the'South Bay Front'frontage of the property.
Said open space shall consist of private open decks or
balconies, equivalent to an area calculated by six feet times
50 percent of the dwelling unit frontage..
6. That parking spaces Nos. 1, 6, 7 and 11, as shown on the
submitted plot plan, shall be reserved for the exclusi-ve
use of the residential apartments. Said parking spaces
shall be appropriately signed as "Residential tenant par-k1ing
only".
7. That a minimum of six (6) on-site parking spaces be maintained
at all times for the commercial use of the property.
8. That all ten (10) off-street parking spaces shall only be
used for vehicular storage.
RESUBDIVISION NO. 668
FINDINGS:
1. That the map meets th.e requirements of Title 19 of the Newport
Beach Municipal Code, all ordinances of the City, all appli-,
cable general or specific plans and the Planning Commission,
is satisfied with the plan of sub,division.
2. That the proposed resubdivision presents no problems from a
planning standpoint.
CONDITIONS:
1. That a parcel map befiled.
2. That all improvements be constructed as required by Ordinance
and the Public Works Department.
3. That each unit have individual sewer laterals and water
services unless otherwise approved by the Public Works
Department.
to
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Vr IWO
UNION OIL COMPANY OF CALIFORNIA
LOS ANGELES SHEETS SHEEF�j
Union Oil Cornpan�, California In Reply Give No..
N.3 n isia" n
COMBINED RESIDENTIAL AND COMMERCIAL
Dr�,VELOPMENT AT. 5o4 souTH BAY FRONT
BALBOA ISLAND, CALIFORNIA
Request for approval of the following required actions as
proposed to enlarge an existing apartment and to construct
a new apartment$ -existing two lots zoned C- 1,
EXISTING 1600 SQ. FT, Commercial property
1000 SQ. FT. Apartment use
REQUIRED ACTIONS BY USE PERMIT APPROVAL
(A) Construct a new apartment and enlarge an
existing apartment,
(B) Resubdivision to combine to C-1 lots,,
(C) Modification for tandem Commercial parking and
Residential parking. Providing, tandem parking
Is permitted the required parking,spaces for the
two residential units will be satisfied at 4
and a total of 7 parking spaces will be provided -
for the commercial property 1600 SQ. FT.
(D) Modification of the 10 FT. Front Setback requirement
for, residential units to align the new apartment -
with the existing apartment for aesthetic value.'
Form 402 SD (Rev. 7/67)
13
BALBOA ISLAND IMPROVEMENT ASS'N
P. 0. BOX #64
BALBOA ISLAND, CALVORNIA 92662
TELEPHONE (714) 675-1773
September 12, 1980
Mr. William Laycock
Planning Administrator
Planning Department
City of Newport Beach
3300 Newport Boulevard,
Newport Beach, CA 92663
Dear Mr, Laycock:
SUBJECT: Proposed plans for the Union Dock and two'lots.on Balboa Island
Your department, I believe, is aware that Mr. John Broughten is working on
plans for the area of Balboa Island now used as docks by the Union Oil Company.
Our Board looked at the plans this week. We encourage efforts to beautify
the Island and support the proposed 2nd floor residences with 2 tandem carport
u -y parking
sDaces each below, and the first floor b siness areas with necessar
spaces behind in tandem. It is the understanding of the Board that the entire
construction project is under R 1-5 allowable floor area and adheres to all
City building codes.
In addition, the Board favors the modification of the docks as presented,
provided their use and control are related to the residences. Beyond this,
the Board does not have the technical knowledge to make a further statement.
Sincerely,
Gail Vinje Smith,: President
CC:* David Harshbarger, Marine Director City of Newport Beach
Little Balboa Island Property Owners Association
Balboa Island Business Association
Balboa Island Chamber of Commerce
Mr. John Broughten
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APPLICANT.
LOCATION OF WORK:
APPLICATION TO:
RECOMMENDATION :
DISCUSSION
DECEMBER 13, 1965
CITY COUNCIL
PUBLIC WORKS DIRECTOR
HARBOR PERMIT APPLICATION NO. A -1227-R-1
UNION OIL COMPANY OF CALIFORNIA
P- 0- BOX 7600, LOS ANGELES
BAYWARD OF LOTS 3 AND 4, SECTION ONE, BALBOA ISLAND
5o4 SOUTH BAY FRONTO BALBOA ISLAND
REMOVE AND REPLACE A PORTION OF A FLOAT AT A MARINE
SERVICE STATION
THAT ANY APPROVAL OF THIS PERMIT BE SUBJECT TO THE
PRIOR APPROVAL OF THE U. S. CORPS OF ENGINEERS -
i
PRIOR APPROVAL OF THE CITY COUNCIL 13 REQUIRED BECAUSE:
A. THE ABUTTING UPLAND PROPERTY IS A PUBLIC RIGHT OF WAY -
B. THE ABUTTING UPLAND PROPERTY IS ZONED COMMERCfAL
C- MORE THAN ONE PIER OR FLOAT IS REQUESTED BAYWARD
OF A SINGLE PARCEL-
D� THE APPLICATION DOES NOT CONFORM TO THE ADOPTED
HARBOR PERMIT POLICIES IN THAT ALONG THE SOUTH BAY
FRONT BETWEEN U. S. BULKHEAD STATIONS 256 AND 259
PIERS ARE PERMITTED TO EXTEND CHANNELWARD ONLY
10 FEET BEYOND THE U. 3- PIERHEAD LINE.
2. PRIOR APPROVAL OF THE U- 3- CORPS OF ENGINEERS IS REQUIRED
BECAUSE WORK EXTENDS BEYOND THE U. S- PIERHEAD L;NE. THIS APPLICATION �S TO REMOVE
AN EXISTING FLOAT WHICH EXTENDS 20 FEET BEYOND THE U. S� PIERHEAD LINE TO THE U. S.
PROJECT LINE AND TO REPLACE IT WITH A NEW FLOAT OF APPROXIMATELY THE: SAME SIZE BUT OF
SLIGHTLY DIFFERENT CONFIGURATION -
PRESENTLY ALL FOUR COMMERCIAL HARBOR INSTALLATIONS BETWEEN
PEARL AVENUE AND OPAL AVENUE EXTEND TO THE U. S. PROJECT LINE -
REPLACEMENT OF THE FLOAT IS PART OF A LARGER PROJECT TO R EPLACE
THE GAS PUMPS AND EQUIPMENT AT THE SERVICE STATION- NO NEW S16NS ARE PROPOSED ON
THE PIER OR FLOAT.
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A T TIX.
A N E X H 16 1 T Yjt___c_ ON DISPLAY IN THE _C0� C IL CHAMBERS.
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LOS ANGELES,CAL.
A 2;27-
50 1 SOUTH BOYLSTON STREET
FRED FIEDLER AND ASSOCIATES LOS ANGELES 17, CALIFORNIA
HUNTLEY 2-0434
F3F-24og
DECEMBER 2b, 1961
CITY OF NEWPORT BEACH
FIRE DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CALIFORNIA
MR. NOW
�LAND)
ATTENTION- 'L�
SUBJECT: UNION OIL COMPANY
BALBOA MARINE STATION
BALBOA L ISLAND'
NEWPORT BEACH� CALIFORNIA
GENTLEMEN:
IN ACCORDANCE WITH MO. JOHN DAVibSbN'S REQUEST FROM UN -ION OIL COMPANYy
ATTACHED AkE FOUR POINTS OF DRAWIN6 32 FF 2837o SHEET 11 6ATE6 DECEMBER 26y
19612 SHOWING A'REV'ISED 'PROPOSED FLOAT INSTALLATION FOR THE UNION OIL
COMPANY MARINE FACILITY AT THE ABOVE LOCATION.
WE RESPECTFULLY REQUEST YOUR COMMENTS OR APPROVAL AS To THIS NEW FLOAT
ARRANGEMENTo
VERY TRULY YOURS.,
FRED S. FIEDLER
FSF:KG
ATTACHMENT
RECEIVED
Dr-cl 9 ",
r— U - 1 1961
PU8LIC WORKS DER
X-IZZ7
CITY OF NEWPORT BEACH
CALIFORNIA
P I R M I T
UNION OIL CO -
C10 FA96 FlEbLew& AssoctATES
501 SOUT4 60*0TON STRtit
.Los Amati-ES 17_, C"IFORMA
in compliance with your wri . tten request of, MAY -2-5
and subject to all terms�,cond:itions and',restrictions written below or.
printed as general, or special provisions on any part of this form,
PERMISSION IS HEREBY GRANTED TO
CONSTRVCT MOAT OtVISION TO EXISTIM41 FA1C1LtTtE8*
in accordance with the plans shown on the drawing attached,hereto., entitled
"PROPOSED FLOAT!'
SUBJECT TO THE FOLLOWING CONDITIONS
General: Provisio
1. AcceRtance of Provisions: It is understood and agreed by the
Permittee that the doing of any work under this permit shal1constitute an
acQeptance!of the,provisions.
2 Permi t from Other Agencies:. The party or parties to whom this
permit ' is issued shall., whenever the same is requiredl.by law,::','secure the
written order or consent to any work hereunder from the War Department of
.4-/Z Z'7,
the United.States or any other public body having jurisdiction, and this.permit''
shall be suspended in operation unless and until such order or consent is obtained.
3. Iransferring Permits. This permit is not transferable without.the
written consent of the City Council of the City of Newport Beach6,:
4. Notice Prior to Starling Work: The Permittee shall notify the City
Engineer at least three (3) days in advance of the date work is to begin and its
completion,
5 ;Dsa
a utionr The work shall be subject to the supervision and approval
of the City Engineer. On work which requires the presence of an employee of the
City of Newport Beach as inspector, the salary and other incidental expense of such
inspection during the work shall be paid by the Fermittee upon presentation of a
bill therefore.
6.: Protection.of Traffic: -Adequate.provisions shall be made for the
protection of the traveling public. Barricades shall be placed on streets.. with
red lights at night, also,flagmen employed, all as may be required by the particular
work in progress.
The Permittee shall not attempt to forbid the full and free use by the
public of all navigable waters at or adjacent to the work,orstructure. If the
display of lights and signals on any work hereby authorizedlis not otherwise provided
by law,, such lights and.signals, as may be prescribed by Bureau of Light Houset,
Department of Commerce, shall be installed and maintained at the expense of the
Permittee.
7. Liabili�Z for Damages: The Permittee is responsible for all liability
for personal injury or property damage which may occur through -work herein permitted,
and in the event any claim is made against the City of!Newport Beach or any department.,
officer or employee thereof, through, by reason of, or in connection with such work,
Permittee shall defend, indemnify and hold them, and each of them, harmless from such
claim. This Permit shall not be effective for any purpose unless and until the above
named Permittee Piles with the City of Newport Beach, a surety bond in the form and
amount required by the said City, unless specifically exempted on the face hereof.
8. ExEiration of Permils If the structure or work hprein authorized.is
not completed on or before the - day of my P 19_�E. this permit, if
not previously revoked or specifically extended, shall cease and be null and void.
-2-
Approved by
City Engineer
Authorized by the.City Council of the City of Newport Beach, at a.meeting
held on the 17'rm day of JULY 19 61
City Clerk
Receipt of a copy of the within and foregoing permit is hereby acknowledged,
and in consideration of the issuance of the same, we hereby accept all terms,
conditions and covenants.
Dated and signed this - day of 19 �
Permittee
Permittee
2Z7
APPUCATION'FOR PERMIT
No... .......
Applicant will not fill
Date ..... May 25 ............................ 19-61 .....
...... .....
CITY OF NEWPORT BEACH,
CALIFORNIA
Gentlemen
Application is hereby made for permission to construct
Float revision to existing facilities.
(Applicant will describe here fully what he wishes to do and purpose of improvement)
APPROVED
juL i 7 i961
8� rh g.
CITY COUNCIL
CITY Qr- hIr-WIROpj SWW
504 South Bay Front, Balboa Island., California
Location: ........................................... .................................................................................... ........ ...........................................................
(Applicant will state here accurately the location of the work he wishes to do)
—Yee 'n
Oalboa lsliind
Applicant is Owner Lot ..... 2k .......................... Block ....... ................ Tract ....................... I .......... ............ I .......................
The undersigned agrees to do the work in accordance with the rules, regulations and specifications and subject to the in.
spection and approval of the City of Newport Beach. MION OIL =T.Alla
c/o Fred Fiedler"& Associates
Check No . ...... 501 South BOYUton Street,
......................... ---- 7 ----------- ---------------- ------ ----------------------------- ....... t
Signature of Applicant 16S --- A�691is 17* Cal.,
Rec'd Fee $ ..... S.C).'.2-2 ..................
OF40FT & NMla
............................................ 11-� ...................................... .................
Date .... ..... kala -k ..........
Bv
............
From .. ....... ----- .................... Add res s
Application shall be in duplicate.
Plans in quadruplicate shall accompany all applications.
ApplicationFiled ............................................................................
Referredto ......................................................................................
PermitIssued .....................................................................................
NB -702—
-/Z 7
. .... ... ... .
T. S. ARMY ENGINEER DISTRICT, LOS ANGELES
CORPS OF ENGINEERS
751 South Figueroa Street
Los Angeles 17, California
No- 39
19 October 1961
TO WHOM IT MAY CONCERN:
Application has been made by Union Oil Company, 504 South
Bay Front, Balboa Island, Calif., for a Depa-rtment of the Army perfflit
to construct a float in Newport Bay in front of Lots 3 and 4, Section 1,
Balboa Island, Newport Beach, Calif.
The proposed work would involve removal of an existing float with
its bayward edge on the U.S. Project Line, and the installation of a
new slip float. One arm of the proposed new slip float would extend
bayward to the U. S. Project Line at the location of the existing float.
Department of the Army authorization is required only for that part
of the proposed new float extending bayward of the U.So, Pierhead'Line.
Drawing showing location and plan of the proposed work is on file.
at this office and is reproduced on the reverse of this sheet, interested
persons are invited to inspect this drawing and to submit in writing, in
triplicate, on or before 11200 a.m. Tuesday, 31 October 1961, any
objections based on navigation interests that they may have to said
work.
The decision as to whether or not a permit will be issued, based
on plan submitted, must rest primarily,upon the effect of the p�oposed
work,on navigation.,
FOR TIM DISTRICT ENGINEER:
WILLIAM S. CR H
Lt. Col., Corps of.Engineers
Deputy District Engineer
U-nion oil coqpmny of celVoxula
urion oil Ceirber
eles, California 90017
ne.,guardaing rarboa Marine. Stetion.
Balboa *`�sland
Ykvmport Boach,, Cairomlo,
%x"ou hold lu-��nancy adt, the subj,00.14 loce.'41011 mder tim- tenms and condAtions oi
thet cortain lease &ated Miny 31� 1963� by mrid, bet'wj n. C -my T. MmUc-u"
r and Unimri Oil Camp=,.y of of tlu�. certain re,,O.�
r—rcpe:m',Y 1.11 tjlra Cl.ty of 7.,*,,* t. -part 11",0�T,01hp Comt, of OrunZo., State of
OcCLUCorniap descrIlbed as
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z h 0- 1 be v-,7�, ludcl t:h, *1"03- Icit-15".
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sald d'o-1-11sed I)rCmize's, on the svalt�-Alo
1"a 'all oth�zlv ras-pects� sr s1x-dl remain :Ln fUll force wll:-� ��ffect.
111 -c -ace, Your a"pvc-'m.4-14Q by signilr,? a Copy of this IC�*ter c"t be
-Alew;-ed and return 11, t4coaa to *1the attention of tile mdersiGncd.
V03-7 trull yours,#, -
00 AGPITSM to this
day of Igo,
117'53'
FLOAr
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F LOAT REPLACEMENT
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LOS ANGELES,CAL,
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DATE -
TO: El MAYOR
'U GEN. SERVICES
0 COUNCIL
El LIBRARY
EIMANAGER
11 MARINE
11 ADMIN. ASST.
El PARKS & REC.
El ATTORNEY
El PERSONNEL
El CITY CLERK
11 POLICE
El COMM. DEV.
1:1 PUBLIC WORKS
El DATA PROC.
El PURCHASING
El FINANCE
El TRAFFIC
El FIRE
El UTILITIES
FOR: El ACTION & DISPOSITION
• FILE
• INFORMATION
El REVIEW & COMMENT
0 RETURN
REMARKS:
FROM
"'g-5-6 -,5z /�
0), CITY OF NEWPORT BEACH
VIA
fi
W CALIFORNIA
City Hall
FO
3300 W. Newport Blvd.
Area Code 714
673-2110
-September 20, 1974
-Union Oil Co., Tax Div.
P. 0. Box 7600
Los Angeles, Calif. 90034
Dear Sir:
On March 1 of this year, in accordance with Chapter 17 (Pier
Registration Fees) of the City of Newport Beach Municipal
Code, a statement was mailed to all bayfront property owners
who have a pier and float facility bayward of their property.
According to our records, payment of the subject fee has not
been received by the City's Finance Department.
Section 17.33.050 of the Municipal Code states:
PENALTY FOR FAILURE TO PAY FEES�. Any owner or
permit holder who fails to pay any fee required by this
Chapter within thirty (30) days,after the same is due
shall be subject to a penalty in the amount of ten per
cent (10%) of the uncollected fee. Failure to pay the
fee plus any accrued penalty within sixty (60) days after
the fee was originally due shall constitute grounds for
revocation of the permit by the City Council.
To avoid further action by the City on this matter, please
remit the following amount.
Pier Registration Fee: 10.00
Past Due Penalty: 4.00
TOTAL FEE T4—. o o
Sincerely, �
Glen E. Welden
Tidelands Operations Coordinator
Marine Department
GEW:lf
DECEMBER 22,, 1965
UNION OIL COMPANY
OF CALIFORNIA
P. 0. Box 7600
Los ANGELES, CALIFORNIA
ATTENTION: MR. H. A. PLATT
A-1227
SUBJECT: HARBOR PERMIT -Ri
(BAYWARD Of 5041S. BAY�FRONTJ BAL66A ISLAND)
GENTLEMEN:
THE SUBJECT APPLICATION WAS APPROVED BY THE CITY COUNCIL AT
ITS REGULAR MEETING ON DECEMBER 13, 19651 SUBJECT TO THE
PRIOR APPROVAL OF THE U. S. CORPS OF ENGINEERS.
THE MINUTES OF THE JO'INT HARBOR COMMITTEE MEETING OF MAY 52
1964,0 SHOW THE FOLLOWING ACTION:
"MOTION WAS MADE:sy FoRGIT THAT APPROVAL OF APPLICATION
(A -1227-R) BE HELD FOR A MONTH AND THAT THE OWNER BE
REQUESTED TO FURNISH A SURVEY BY A REGISTERED SURVEYOR
SHOWING ALL STRQCTURES BETWEEN THE BULKHEAD AND THE
PROJECT LINE FROM THE FERRY SLIP AT AGATE TO THE
WESTERLY EXTENSION OF OPAL AVENUE."
AS THIS DRAWING HAS NEVER SEEN RECEIVED BY THIS OFFICEq
ISSUANCE OF THE SUBJECT PERMIT WILL BE HELD UP UNTIL THE
DRAWING 15 RECEIVED9
IF THERE ARE ANY QUESTIONS., PLEASE CALL ME AT 673-2110.,
EXTENSION 26.
VERY TRULY YOURS.,
KENNETH L. PERRY Ct
AsST. CITY ENGINEER
avj I'S ftooj
KLP:VR con
L
July 22,, 1965
oo
City Council
City of Newport Beach iy
3300 W. Newport Boulevard
Newport Beach, California
Subject: Harbor Permit Nos, A-1223 and B-1224
Gentlemen:
I find it will be impossible for me to attend the City Council
meeting on July 26, 1965 when my application dated July 8, 1965
C.
for renewal.of the above Harbor permits comes up before the
City Council. Anticipating that it may be necessary or
advisable that I be present at the meeting when the application
is reviewed and acted upon, I respectfully request that my
application be held over until August 23, 1965 when I can plan
to be present,
Ver purs..
y�' truly y
Mel Singer
315 South Beverly Driv e
Beverly Hil Is, California
P.S.
If in your study session on July 26 you happen to review
this matter and find that the applicat ion can be renewed
automatically as it has been in the past without my
presenceD then of course there is no need to hold over
the app lication and the matter can be acted on. Failing
this preliminary approval in a review at the study session,
and consequent automttic renewal, I request that the matter
be held over so that I may be present to answer any questions
that may arise.
r 7-
JuNt 11, 1964
SALGOA ISLAND rEARY
410 SOUTH SAY FRONT
OALSOA IOLANO) CALWOROIA
ATUNT. ION& MR- 4# At 099K
Tot UNION 011, COMPANY$ BALSOA ltLANp,MARjNt 4TATiON 'AT �04
sou-tw 6AY,,-, I FRONT) HAS APPIitz rOA A PZNMIT TO AW$X TKIR
Pica rACKIT194 SY A001NO A 4!P rLQAT IN rstotq-r or LoT-.,2,
OLOCK 9# SECTION ONE.* BALROA I$LAND* Tot JOINT HAROOk
COMMIT,Tgt�OAS QUESTION96 V141: UPA91111-TY OtTHIA St,,-I.P 69CAUSE
IT IS APPARM THAT ACC94S MAY 019 PARTIALLY TOROUOH: THE
WAT!:ft* or T"9 A6JOIXINd LOT TO THE WE$T*
THe JOINT HARBOR COMMtTT9Z. 09LIEV96 THAT YOU MAY CONT404 . THIS
ACC9S$ AND Rt4QW$ THAT YOU ATTENO ITS Nl:,XT MCCTINA- IN TH9
CoNrictnittg Room# CITY HALL* AT 3130 Ptm4o JULY 7i� 094, TO
01 $CUSS TO$ PROOLM IF YOU tANINOT AtTENO 00 HAVC NO
INTERCST IN T",4 QUZSTIONj, THIt COMMITYCE WILL APPAtCIA-tt
BZINO INFOAM90 WOR9 MWING TIMEi
VtAY TRULY YOURSS
V� SIMP$ON
StCAtTARY
JOINT HAROOR COMMtTl9t
ENcL: DkAwiNa or PRopom
IMPROVEMtNT
vis: vit
A -
MAY i4o 1964
UNION 011L COMPANY -
564 SOUTH BAY FRONT .. ....
BALBOA ISLAND.#, CALIFORNIA
ATTN: MR. JOHN BROUGHTON
S;lRt
THE ENcLosto cooY'OF A PORTION Of THE JOINT HARBOR COMMITTEE
MINUt�00F MAY 5p 1964 IS rO--R YOUR INFORMATION AND CONCERNS
YOURRPICR PERMIT APPLICATIONi
IF THERE ARE ANY QUESTION$p PLEASE FEEL FREE TO tONTACT THIS
Off I
VERY TRULY YOUR$$
V1 OR J. SIMPSON
A ST, Cim ENoINEER
ENCLS.
VJS:vs
A- /Z z7 'r
J. H. C. MINUTES
5/5/64
NEW APPLICATIONS (CONT'D)
A-1 379 RAY Ne--mEc
#2 COLLINS ISLAND
BAYWARD OF LOT 9�, BLOck 220,,SECTION A., NEWPORT BEACH
APP41CATION TO CONSTRUCT PLEASURE PIER AND BOAT $LIPS.
PAGE 5 -
MOTION WAS MADE.By FoRtIT THAT APPLICATION BE DENIED BECAUSE
IT DOES N OT CONFORM TO PIER PERMIT POLICIES., AND j'T WAS ALSO.
RECOMMENDED THAT THE SECRETARY.TO THE JOINT HARBOR COMMITTEE
NOTIFY THE APPLICANT OF.,THIS ACTION.
M OT,ION CARRIED. ALL AYES -
APPLICATION HELD, OVER
A"1227 -R UNION OIL CO.
504' SOUTH BAY FRONT, BALBOA ISLAND
BAYWARD OF LOT 2, BLOCK 9, SECTION 1, BALBOA ISLAND
APPLICATION TO REVISE EXISTING FACILITY BY ADDING SLIP FLOAT -
MOTION WAS MADE By FORGIT THkT APPROVAL OF APPLICATION BE WITH-
HELD FOR A MONTH AND THAT THE OWNE,R BE REQUESTED TO FURNISH A
SURVEY BY A REGISTERED SURVEYOR, SHOWING ALL STRUCTURES BETWEEN
THE BULKHEAD,A�D THE PROJECT LINE FROM THE FERRY SLIP AT AGATE TO
THE WESTERLY EXTENSION OF OPAL AVE.
MOTION CARRIED, ALI, AYES.
PI;ER TRANSFERS
MOT.ION-WAS MADE By HONER THAT THE FOLLOWING TRANSFE.RS BE RECOMMENDED FOR APPROVAL
SINCE ALL 'INSPECTION RESULTS PROVED SATISFACTORY:
A-50,
530 VIA LIDO NORD, NEWPORT BEACH
BAYWARD OF LOT 506� TRACT 907
TRA�NSftR PIER AND FLOAT FROM THE ESTATE OF RICHARD E. POWELC�
DECEASED To ALLEN T- AND BARBARA CAMPBELL.
A�265
2140 EASTBALBOA_BOULEVARD, BALBOA
I
BAYWARD OF LOT 39 AND -ff OF 38, TRACT 756
TRANSFER PIER AND FLOAT FROM HARVEY S. HEWITT TO JAMES K. AND
MYRA NANCY TURNER.
A-509
1316...,WEST BAY AVENUE,,.NEWPORT BEACH
BAYWA-RD OF LOT 9, BLOCK 2, TRACT 626
TRANSFER PIER AND FLOAT FROM SAMUEL A. AND FLORENCE H. HILL TO
E. PARRY AND PEG I GY C.,THOMAS.
A-1152
#5 BALBOA COVES) NEWPORT BEACH
BAYWARD OF LOT 5rj. TRACT 1011
TRANSFER PIER AN.'p. FLOAT FROM BAINBRIDGE M. AND NANCY C. LARKIN T.O
WALL STREET FINANCE AND DEVELOPMENT CORP.
CITY OF NEWPORT BEACH PUBLIt WORKS DEPARTMENT
- .' "0 .' I
JuLly 17s, 119a
(JOHN BRO041itow)
11MON 0tt!C0X0A'0Y
NAME OF APPLICANT
SOUT14 SAY FftONT
BALBOA JSLAMD� CALIFORNIA
C OMPLIANCE WITH YOUR APPLICATION OF Apam 22
196 4
AND SUBJECT TO ALL TERMS,l CONDITIONS AND RESTRICTIONS WRI,TTEN BELOW OR PRINTED
AS GENERALJ�'-6R SPECIAL PROVISIONS ON ANY PART OF THIS FORM,
PERMISSION IS HEREBY GRANTED TO gt:vjsIE opesesT WArtR#,a NT T t
0 FACItl I S AT
UNION OIL 000K SUOJECT TO THE fOLLOVING CONDITIONSt
i DINXTilt THE VESTERLY FINSCR AS SHOWN 114, 6RAVINO, A-122-7-kl'
2. ANY eitcosime To ar. vout wim. sE susicet TO THE APPOOVAL Or
THE PUBLIC W0$tXS kPARTHENT,
LocATION Or PROPOUD WORK: 504 SAY FRON . t' SAILSOA I St.AND
Lov 2$� Statom I BA,480A I st.AN9 TRA0
ALL�WORK.TO BE IN ACCORbANCE-'WfTH THE STANDARD SPECIFICATIONS OF THE
.CITY OF NEWPORT BEACH AND DRAWINGS ATTACHED OR REFERENCED THERETO:
THIS PERMIT SHALL BE VOID UNLESS THE WORK HEREIN CONTEMPLATED SHALL
HAVE BEEN COMPLETED BEFORE
APPROVED BY 41
C(TY ENGINEER
AUTHORIZED BY THE CITY COUNCIL OF . THE CITY OF NEWPORT BEACH, AT A
MEETING HELD ON THE 3TI4 DAY OF Juty
OLI\,— ja A A /y
-C ITY-ICI ERK
No. A-122T.R
GENERAL PROVISIONS. FOR PAER.)PEkMTT.$Y5
ACCEPTANCE OF PROVISIONS.- IT IS UNDERSTOO� AND AGREED,BY THE PERM*.lITTEE THAT
THE DOING OF ANY WORK UNDER THIS PERMIT SHALL CONSTITUTE AN -ACCEPTANCE OF ALL OF THE
PROVISIONS.
2. PERMIT rROM OTHER AGENCIES,. THE PARTY OR PART I ES TO WHOM THAS'PERMIT I$
ISSUED SHALL, WHENEVER THE SAME IS REQUIRED BY LAW,,,..SECURE THE�WRITTEN ORDER OR CONSENT
TO ANY WORK HEREUNDER FROM THE U.S. CORPS OF ENGINEERS OR ANY OTHER PUBLIC BODY HAVING
JURisb-iCTION, _AND THIS PERMIT SHALL BE SUSPENDED IN OPERATION UNLESS AND UNTI.L SUCH
ORDER OR CONSENT IS OBTAINED -
3. TRA-INISFERRING-PERM47.- THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN
CONSENT OF THE CITY COUNCIL OF:THE CITY,O.F NEWPORT;BEAC;H.
4. INSPECTION-.. THE WORK�SHALLSE SUBJECT TO'THE SUPERVISIO,N AND APPROVAL OF
THE PUBLIC WORXs DEPARTMENT. THE PERMITTEE SHALL NOTIFY THE PUBLIC WORKS DEPARTMENT
AT LEAST 3 DAYS IN ADVANCE�OF THE DATE WORK IS�TO BEGIN AND. BEFORE ITS COMPLETION.
5- PROTECTION OF TRAFFIC:. ADEQUATE PROVISIONS SHALL BE MADE FOR THE P I ROTECTION
OF THE TRAVELING PUBLIC. BARRICADES SHALL BE PLACED ON STREETS, WITH LIGHTS AT NIGHT,
ALSO FLAGMEN EMPLOYED, ALL AS MAY BE REQUIRED BY THE PARTICULAR WORK IN PROGRESS.
THEPERMITTEE SHALL NOT ATTEMPT TO FORBID THE FULL AND FREE USE BY THE PUB-
LIC OF ALL NA . VIGABLE WATERS'AT I -OR ADJXCENT. TO THE WORK OR STRUCTURE.- IF:.THE DISPLAY
OF LIGHTS AND-SlGNALS ON'ANY.WOR,K.HE3REI3Y A.UTHOR-IZED IS NOT OTHERWISE PROVIDCD YY LAW5
SUCH LIGHTS AND SIGNA LS, AS MAY BE PRESCRIBED By BUREAU--OF'LIGHT HOUSES., DEP ' ARTMENT.-
OF COMMERCE5 SHALL BE -INSTALLED AND MAINTAINED AT THE EXPENSE OF THE PERMITTEE -
STRUCTURES SHALL BE SO CONSTRUCTED AS NOT TO OBSTRUCT) INTERFERE WITH OR
PREVENT THE FREE USE OR PASSAGE OF ANY SIDEWALKS; STREET, ALLEYI PUBLIC WAY OR
NAVIGABLE CHANNEL.
6. LiABILITY FOR DAMAGES.- THE PERMITTEE IS RESPONS-t-B-LE FOR ALL LIABILITY FOR
PERSONAL INJURY OR PROPERTY DAMAGE WHICH MAY ARISE OUT OF WORK HEREIN PERMITTED, OR
WHICH MAY ARISE OUT 'OF THE USE OR POSSESSIONGOF SAID WORKS, AND IN THE EVENT ANY
CLAIM IS MADE AGAILNST THE CITY OF NEWPORT BEACH -OR ANY DEPA-RTMENT) OFFICER) OR tM�-'.
PLOYEE��THEREOF.l THROUGH, BY REASON OF, OR INCONNECTION WITH SUCH WORK, PERMITTEE
SHALL DEFEND.9 INDEMNIFY AND HOLD THEM,�AND EACH OF THEM, HARMLESS FROM SUCH CLAIM.
7. REVOCATION OF PERMIT.- THE RIGHTS GIVEN UNDER THIS PERMIT:ARE PERMISSIVE
ONLY AND THE CITY OF NEWPORT BEACH RESERVES:FULL RIGHT,, POWER AND AUTHORITY TO 'REVOKE
THIS PERMIT AT ANY TIME. IN THE: EVENT THE PERMITTEE FAIL.S.TO REMOVE SAID WORKS WITH-
IN THE TIME SPECIFIEDv THEN THE CITY ENGINEER SHALL�:HAVE THE RIGHT TO IMMEDIATELY'
REMOVE SAME'AT THE COST AND EXPENSE OF THE PERMITTEE -
8. REPAIRS: THE PERMITTEE SHALL KEEP THE STRUCTURES IN GOOD REPAIR AT ALL
TIMES. FAILURE TO REPAIRJ� WHEN -WRITTEN NOTICE HAS BEEN GIVEN TO THE CITY ENGINEER,
SHALL BE CAUSE FOR THE REVOCATION OF THE PERMIT.
I
UNION 01.L COMPANY
Or CALIFORNIA
P. 00 Box 760,1)
Los Afteua# CALIFORNIA
ATTENTION! Mk* N. A. PLATT
-Suejeem HARooR PERMIT APP0CATION A -1227.R .1
�(BAYWARV OF 5o4 si BAY FRONT,, BALBOA ISLAND)
CONSTRUCTION HAS, COMMENCED ON THE UNION OIL COMPANY FLOAT AT
SUSJEgT LOCATION. Tj4c APPLIPATION WAS APPROVED BY THE CITY
COUNCIL At ITS REOULAR MZeTINQ ON I)EC&MOER 13j, 1965,4 suejec-T
TO THE PRIOA APPROVAL Of TH9 U.- S. CORP$ OF E: Q
N. INEVRs.
THE MINUTES Of THZ�Jomv HANSON COMMITTCE MEETINO OF MAY
i964j, SHOW TAE FOLLOWtNQ AOrIONI
"MOTION WAS MAIDE Sy FOROIT THAT APPROVAL Of APPLI-CATION
(A -1227-R) F,,z HELD FOR A MONTH AND THAT THE OWNER Be
REQUESTED TO FURNISH A SURVEY SY A REGISTEREJ) SURVEYOR
SHOWINO ALL STRUCTURES OCTWEEN THE SULKNEAD AND THE
PROJECT LiNg FROM THE PERRY SLIP AT AaAn TO THE
WESTERLY CXTENSION OF OPAL AVENUE*
As HE-I'THER THE DRAWI-NO OR THE APPROVA4 OF THIt U, S. CORP$ or
ENGINEERS HAS BetN RECEIVED by THIS Orpiceo ISSUANCE OF THE
SUSJECT PERMIT HAS SEZN HELD UPo PLtA31t GIVE THE MATTER Of THE
HAROOR PERMIT YOUR t14MCOIATZ ATTENTION 30 THAT THC WOAX WILL
NOT OE HeLD UP#
if THEAE ARE ANY QUESTION$* PL9A$E CALL ME AT 673-2110* EXTENSION
26.
VERY TRULY YOURSp No -re: Apeizoo4L oe V.S. neps or- F,,N6,a5 t -JOT P-atu,
izl� MAe )44-S 6eVO Rec-RWO AM) S(j(65c-QU(�mrty
KcNNZy" L. PeftRy 7MCaJ Pr&OA F(Gte- .
As$T. CITY Ewmeett wv"ml
KLPivo
NovemseR 12, 1965
PETREY & KNOWLES
2713 WEST VALLEY BOULEVARD
ALMA14BRAS CALIFORNIA
ATTENTION: SAN KNOWLES
SUBJECT: HARBOR PERMIT No. A -1227-R-1
DEAR SIR:
E"coosEo FOR YOUR USE IN APPLYING FOR A REVISION TO SUBJECT HAR-
8OR PERMIT ARE THE FOLLOWINGZ
A- 3 COPIES OF THE APPLICATION room. RETURN THE ORIGINAL
AND ONE COPYw
B. CORY OF PERMIT DRAWING roRm. RETURN 21 COPICS OF THE
DRAWi:NG. SECTION 7 OF THE HARBOR PERMIT POLICIES,
C. COPY OF ADOTT&D HARSOR PERMIT POLICIES. NOTE PAGE Ito
SECTION 23V(Q). SUBJECT PERM'IT 15 LOCATED BETWEEN U.S.
BULKHEAD STATIONS 256 AND 259.
FEES ARE COVERED IN SECTION 12 OF T14E ADOPTED HARBOR PER141T POLI-
CIES. IF THE VALUE OF THE WORK PROPOSED EXCEEDS 50% OF THE RE-
PLACEMENT VALUE OF THE EXISTING STRUCTURE, A FCC OF $50 WILL 5C
REQUIRED IN ADDITION TO THE $25 FEE CHARGED FOR ALL PERMIT$ Re-
QUIRING PRIOR APPROVAL OF THE CITY COUNCIL.
IF THERE ARE ANY QUESTIONS$ PLEASE CALL me At 673-2110, EXT. 27/
VERY TRULY YOURSO
KENNETH L. PERRY
AssISTANT. City ENaINEER
KLP:BE
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