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HomeMy WebLinkAbout112-0503-File 1■® CLEGG' 1GINEERING. iNC. ■�I ENGINEERING • GRADING • Wf■■■ DEMOLITION ��1 General Engineering Contractors XIM PUGMIRE (714) 632-0210 2940 E. La Cresta Ave. Anaheim, Ca. 92806 Lic. No. 348600 p City of Newport Beach Marine Department December 17, 1989 TO: CITY ATTORNEY FROM: Marine Department SUBJECT: NEWPORT LANDING SPORT FISHING Bob, the operations bayward of Newport Landing have, since 1964, existed under a Use Permit, a copy of which is attached for your information. During my tenure with the Marine Department we have had very little contact with Newport Landing because it has been operating under this existing Use Permit. It is my understanding that this is the only commercial operation in Newport.Beach where the water site operations are under a Use Permit. The sport fishing operation there has operated in the recent past with three boats and an approximate passenger capacity of 150. The owners are now proposing to increase that capacity from 150 to 250 passengers. They have come to the Marine Department and asked for approval for this passenger service increase. We indicated that we did not feel we could increase the number of passengers allowed unless they complied with existing parking regulations. Newport Landing sent us their letter attached to this memorandum, dated January 12, 1990. In addition to the Use Permit argument on the second page they have also submitted a copy of a letter from Art Gronsky indicating that in the past, under the old Use Permit, Art's Landing operation dealt with anywhere from 250 to 350 passengers. In essence, they feel that the 250 passenger operation is grandfathered at the present location. Based on the first paragraph, second page of Mr. Salisbury's letter, they plan to increase the size of the operation by 100 passengers and they think they do not need additional City approval. I need to know what powers the old original Use Permit gives them out over the water. Where can I interject myself into the situation and say that from now on they need to get approval from the Marine Department and comply with current requirements? Please let me know if you need additional information. Tony M um December 14, 1989 HAND DELIVERED Mr. Wes Armand Harbor Inspector Marine Department City of Newport Beach Post Office Box 1768 Newport Beach, California- 92658 Re: Newport Landing Marina Vessel Waste Pumpout Facility Dear Wes: SALISBURY ENTERPRISES, INC. First, we would like to express our appreciation to you and the Marine Department for your cooperation and support in connection with the requested vessel waste pumpout facility for Newport Landing Sportfishing and Marina. As you are aware, we had previously understood that a pumpout facility would not be required by the City upon the departure of our former sailing club tenant from the Marina and with no bare boat charter activities departing from the property. Per your -request, this letter will serve as a written confirmatkon to you and tfre­ l Tz -D`gpar m t ° t- at we will comply wi-F- hour r q.4est to install a private vessel waste pumpout facility on the, f+L�ng, �...axea w th n Newport Landing— Marina. prior to th end of January 1990. We intend to replace our existing saltwater pump with a new two (2) horsepo er "Aqua Flow" centrifugal electrical (110-volt) pump. The unit will have a 2" intake and a 1-1/2" discharge. The model number is LEA6-2, and it is equipped with a model #14317 Franklin motor. Upon removal of the existing pump, the new pump will be installed in the same general location utilizing the existing electrical service to that location. For your further information, I have enclosed herewith a sketch indicating the current location of the existing 2" sewer line which is sealed off at the bulkhead and the existing 2" sewer line located below the floating dock. Upon installation of the new pump, a 211'flex line will be installed to connect the two existing sewer lines for a completed system. Prior to purchasing and installing the new pump and related materials, we would like to be certain that the proposed specifications and location are agreeable with you and the Marine Director and meet all requirements of the Newport Beach Municipal Code and building requirements. Your prompt assistance in providing the approvals would be greatly appreciated. --I?- 4 17042 Gillette Avenue • Irvine, California 92714 • (714) 250-0331 (714) 250-5729 1' 1^1 k Mr. Wes Armand December 14, 1989 Page Two Wes, should you require any additional information, please do not hesitate to contact me directly. My office telephone number is (714) 250-5729, and I am generally available between 8:30 a.m. and 5 p.m. during the week. We appreciate your cooperation in allowing the scheduled charters to continue to operate from Newport Landing Marina in next week's Christmas Boat Parade. Please be assured that the vessel operators will be fully cooperative with any of your requests and that we will endeavor to install the proposed vessel waste pumpout facility at the earliest possible date after receiving your written approval thereto. Very truly, Douglas L. Salisbury President General Partner -Landing Associates DLS:jh/sei.ltr Enclosures cc: Newport Landing Sportfishing James C. Person, Esq. Ken Nelson ter= m ?v'Opone-D PUMP 1- P "A p % V-A Ca GSSRv0.PtNT 0 NEWPORT LANDING SPORTFISHING, INC. 503 E. Edgewater Balboa, California 92663 December 11, 1989 Mr. Tony Melum Marine Department City of Newport Beach P.O. Box 1768 Newport Beach, California 92658-8915 Re: Newport Landing Sportfishing, Inc. Dear Mr. Melum: Pursuant to your request, this letter is to provide you with information concerning our operation and plans. The sportfishing operation which preceded Newport Landing Sportfishing at the current property was Art's Landing, operated by Mr. Art Gronsky. Enclosed is a letter from Mr. Gronsky which indicates that during the peak of his opera- tion,_he could accommodate up to 350 passengers on some days, although the vessels, if filled to the legal require- ment, could accommodate 250 persons, at a given time, not including the skiffs which could accommodate an additional 50 persons. Since Newport Landing undertook operations at this location, there has been an ability to accommodate anywhere from 250 passengers to the current capacity load of 150, represented by the vessels "Nautilus" (72 passengers), the "Amigo" (48 passengers) and the "Reveille" (30 passengers). The varia- tions is the result of different vessels operating at our landing at different times over the years. We have entered into negotiations to build a new 100 pas- senger vessel which would bring our capacity up to what it has been in previous years. It is our intent to build such vessel and our request is that you revise our Harbor Ac- tivity Permit at this time so that we may comfortably oper- ate this vessel, although it is not built and as of this date does not have a name. Obviously, it is important for us to have an understanding with the City prior to undertaking such a project. We would ask that our Harbor Activities Permit indicate the ability to accommodate 250 passengers at any given time. Thank you for your cooperation in this regard. Very trul y urs, MICHAEL R. THOMPSON, J E E. WATTS NEWPORT LANDING SPORTF sHING, INC. ART"S an inn S P 0 R T F I S H I N G 503 E. EDGEWATER - BALBOA, CALIF. 67S-OSS❑ (AREA CODE 714) ALL DAY BOAT HALF.DAY BOAT CHARTER BOATS TACKLE SALES & RENTALS LIVE BAIT COFFEE SHOP. SKIFF RENTALS JOHNSON MOTORS -- SALES Sc SERVICE PHILLIPS 66 MARINA BRITISH DORYS •- SALES & SERVICE zo; Marine Department .3300 Newport Blvd. Newport Beach, Ca., ` 2653-891 Attn: Tony EMelut7i Dear Mr. le 1. m: it is our understanding that someone ' is opening a Pay as'ai l operation. from Newport Landing Sportfishirig. We spent over a year and countless hours researching the. P arac ' business and decided, with safety as a.•primary concern, +,'-;e gasoline engines are not dependable enough for a narasai i operation which 4 fr f eNewport I S �. i ie type e3e o vessel the Landing Orr,ator is planning to use. Secondly, I feel l this operators background should be thora.7ugb i ch='a.iCed For `afetey, he city and the parasai l business does ('!;",I; need any negative publicity, y Da�vey's Locker aPd Newport ParaJaii. fIC�ZI".x' Pextremely •�.re�� l �.. t. been careful during our course oF operation with no accidents ;nd PC, unnecessary c.hances taken for. the sadCe of turning a._.profit.. METHOD ART CORPORATION October 6, 1989 Tony Melum Tidelands Administrator City of Newport Beach P.O. Box 1768 Newport Beach, CA"92659-1768 Dear Mr. Melum: 507 WEST EDGEWATER NEWPORT BEACH, CALIF. 9 2 6 6 1 TELEPHONE : 7 1 4 6 7 3. 4 7 9 9 This correspondence is intended to serve as our notification to you, and the City Council, of our concern regarding Newport Landing request for dredging permit. Our property is located at 423 East Edgewater, Newport Beach. We wish no permit to be issued until: 1. Our beach, piles, walkway and platform are restored from damages incurred from previous dredging at Newport Landing 2. We receive in writing, indemnification by the City of Newport Beach or Newport Landing against further losses and damages due to new dredging. Previous dredging for Newport Landing resulted in such heavy loss of beach that it caused the City sidewalk to dr6p creating a huge hole, approximately 22 ft. long x 8 ft. wide x 8 ft. deep. A huge hazard to pedestrians. That damage was repaired, but our damages were not. We do not know who did the repairs; the City of Newport Beach or Newport Landing. Respectfully, Nann Von Oppenhei cc: City Council Members City Attorney - Burham OCT i9ag 3 Pp�� CITY OF NEWPORT BEACH v = P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 September 26, 1989 State of California Department of Fish & Game 330 Golden Shore, Ste 50 Long Beach, CA 90802 Sirs: The enclosed permit drawing is being sent for your infomration in accordance with conditions of approval under the U.S. Army Corps of Engineers "Blanket Permit" for maintenance dredging. This blanket permit was issued to the City of Newport Beach on August 28, 1989. As required by this permit, the Marine Department has inspected the dredging site and found -no eel grass within or near the project. If you have questions regarding this application, please call the City of Newport Beach Marine Deprtment at 714.-644-3044. Sincerely, David Harshbarger Director, Marine Department a „ Tony` elu:M,....: Tidelands Administrator 3300 Newport Boulevard, Newport Beach PO 0 > C1 ii uF NEWPORT BEACH 3 az P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 50 _5�/ F09, September 26, 1989 U. S. Department of Interior Bureau of Fisheries and Wildlife 24000 Avila Road Laguna Niguel, CA 92677 Sirs: The enclosed permit drawing is being sent for your infomration in accordance with conditions of approval under the U.S. Army Corps of Engineers "Blanket Permit" for. maintenance dredging. This blanket permit was issued to the City of Newport Beach on August 28, 1989. As required by this permit, the Marine Department has inspected the dredging site and found no eel grass -within or near the project. If you have questions regarding this application, please call the City of Newport Beach Marine Deprtment at 714-644-3044. Sincerely, David Harshbarger Director, marine Department Tony Melum Tidelands Administrator 3300 Newport Boulevard, Newport Beach P CITY OF NEWPORT BEACH Q ZN P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 IFO September 26, 1989 U. S. Department of Commerce National oceanic and Atmospheric Administration 'National Marine* Fisheries Service 300 South Ferry Street, Room 2106 Terminal Island, CA 90731 Sirs: The enclosed permit drawing is being sent for your infomration in accordance with conditions of approval under the U.S. Army Corps of Engineers "Blanket Permit" for maintenance dredging. This blanket permit was issued to the City of Newport Beach on August 28, 1989. As required by this permit, the Marine Department has inspected the dredging site and found no eel grass within or near the project. If you have questions regarding this application, please call the City of Newport Beach Marine Deprtment at 714-644-3044. Sincerely, David Harshbarger Director-,_Xa�Inq. Department Tony Melum Tidelands Administrator - e POR 0 CITY OF NEWPORT BEACH 1z P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 ���FORN September 26, 1989 U. S. Army Corps of Engineers Navigation Branch Box 2711 Los Angeles, CA 90053 Sirs: The enclosed permit drawing is being sent for your infomration in accordance with conditions of approval under the U.S. Army Corps of Engineers "Blanket Permit" for maintenance dredging. This blanket permit was issued to the City of Newport Beach on August 28, 1989. As required by this permit, the Marine Department has inspected the dredging site and found no eel grass within ornearthe project. If you have questions regarding this application, please call the City of Newport Beach Marine Deprtment at 714-644-3044. Sincerely, David Harshbarger Director, Marine Department Tony lum. Tidelands Administrator SAMPLE PE, 0 7i DREDGING APPLICATION , Project Location:,��cf�/�- Cubic Yards to be Dredged: Z-Y4 h1 _ 4 A 5 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Sift == Disposition of Dredged Material: Place material on adjacent beach/ Haul to sea and dump @ Latitude 33031_142"N Longitutde-117*54'48"W. Method of Material Disposition: Pump through discharge pipe to disp,oal fill area/ Barge to sea. Turbidity Control Method: Filter screen around discharge site/Material to be contained in Dump Barge at dredge site. Effect of dredging on contiguous bulkheading and beaches Will restore depleted beach and/or reinforce bulkhead/ NONE hereby state that I have read the-U. S. Army (print name) _ _ Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) PP permit for maintenance dredging and that.I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. PP type name Contractor -type name) ,� Signed: (Date) Cont ctor s t Representative September 21, 1989 Mr. Wes Armand Harbor Inspector Marine Department City of Newport Beach P.O. Box 1768 Newport Beach, California 92659 Re: Newport Landing Marina Sailing Club Waste Station Dear Wes: ew SALISBURY ENTERPRISES, INC. I am in receipt of your recent letter requesting our decision on installing a private marine waste station at the Newport Landing site. First, we would like to express to both you and David Harshbarger our sincere appreciation for providing us with an initial extension to allow us to complete our foreclosure of the property, evaluate the property from an ownership position and make appropriate considerations with the existing property tenants including the Balboa Sailing Club. The Balboa Sailing Club lease expires in about two weeks and we expect them to fully vacate the property within four weeks thereafter. Upon their vacating the property, we do not intend to relet their premises, or any portion of the property, for use as a sailing club. We are ,presently consi exix g -re-letting the space to a representmp for ;boat sales which would not e waste stvtTbfn. Again, thank you for both your understanding and patience concerning the potential marine waste station installation in connection with the sailing club. I am happy that we are now able to bring the situation to a satisfactory conclusion. Very truly, as L. Salisbury \ Douglas y President General Partner of Landing Associates DLS:sd cc: Ken Nelson David Salisbury 17042 Gillette Avenue • Irvine, California 92714 • (714) 250-0331 (714) 250-5729 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 Marine Department A'41t- September 8, 1989 Douglas L. Salisbury President, Landing Associates 17142 Gillette Avenue Irvine, CA 92714 Dear Mr. Salisbury: In the letter of March 30, 1989, from David Harshbarger, Marine Director, an extension was given to you to decide whether Landing Associates would install a marine waste station at the Newport landing site. In Mr. Harshbarger's letter, he explained the requirement to construct said pumpout station if Landing Associates wished to allow that facility to be used by a sailing club. Sufficient time has elapsed for you to arrive at a decision. Please advise this department as to your decision within fifteen days of this letter. Thank you for your cooperation. Respectfu ly, el Wes Armand Harbor Inspector WA: la 3300 Newport Boulevard, Newport Beach LANDING ASSOCIATES 17042 Gillette Avenue Irvine, California 92714 April 20, 1989 Mr. Tony Melum Tidelands Administrator City of Newport Beach Post Office Box 1768 Newport Beach, California 92658 Re: Commercial Pier Permit #0112-0503-1 503 Edgewater (Newport Landing Marina) Dear Tony: Thank you for your letter of April 18th and for your time and courtesy on the telephone. I have enclosed herewith our check to you in the amount of $573.75 which represents the $765 annual pier permit fee for the period 3/01/88 through 2/28/89.less the $191.25 prorated portion of this fee which we paid on January 12, 1989. To assist you in verifying the prorated payment, I have enclosed herewith another copy of my January 12th transmittal letter along with a copy of the payment check. Thanks for helping me resolve the past problems related to the previous owners. Come down and visit us at the Newport Landing some time! Very truly, Douglas L. Salisbury President Salisbury Enterprises, Inc. Its: General Partner DLS : j h / LAO 7 - � �--- G�r �. Enclosure � ;� �✓�,,,; LANDING ASSOCIATES 17042 Gillette Avenue • _ Irvine, California 92714 January 12, 1989 City of Newport Beach Finance Department 3300 Newport Blvd, Newport Beach, California 92663 Re: Commercial Pier Permit #0112-0503-1 503 Edgewater (Newport :Landing Marina) Gentlemen- Pursuant to its Deed of Trust held on the above referenced property, Landing Associates completed its Trustee's sale on December 13,"1988 and took possession of the leasehold property referenced above. Back in July, Landing Associates made applicatioP for a commercial pier permit with the City's Tideland Administration office, at which time it tendered the requested application fee in the amount of $250.00. We did so in anticipation of the foreclosure which developed by a bankruptcy petition being filed`by the prior owner of the leasehold property. Our pier permit application was approved by Mr. Melum on November 30, 1988. It is my understanding that the annual pier permit fee related to the dock is currently $765.00 and it is payable on an annual fiscal year basis beginning March lst of each calendar year. I am enclosing herewith our check in the amount of $191.25, which represents a proration of the $765.00 annual fee (for November 30, 1988 through--February-28, 1989) for the period of time which we held the commercial pier permit on the property. I would appreciate it if you would transmit the invoice covering the March 1, 1989 through February 28, 1990 upcoming fiscal year annual billing as follows`: Douglas L. Salisbury, President -Salisbury Enterprises, Inc. -Landing Associates 17042 Gillette Avenue -Irvine, California 92714 Thank you very much for your assistance in regard to this commercial pier permit. Very truly, Douglas L. Salisbury, President Salisbury Enterprises, Inc. Its: General Partner DLS•sm/LA07 Enclosure cc: David Salisbury SEW PORT �n U ? c"1</ Fo RN\P P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 April 18, 1989 Douglas Salisbury President, Salisbury Enterprises, Inc. 17042 GIllette Avenue Irvine, CA 92714 Re: Commercial Pier Permit 0112-0503-1 at 503 Edgewater (Newport Landing Marina) Dear Mr. Salisbury: In reference to your letter of April 12, 1989; there is no mechanism whereby annual permit fees are pro -rated during the billing year. Therefore, you are liable for that portion of the permit fee due in 1988. Our record reflect that should have been $765.00. We will not hold you responsible for penalties outstanding on that amount due. Therefore, in looking at the billing enclosed with your letter of April 12, the current balance owing is $765.00 for 1988; all other penalties waived. If you have questions regarding the above please call me at 644-3044. Sincerely, Tony .e um Tidelands Administrator 3300 Newport Boulevard, Newport Beach LANDING ASSOCIATES 17042 Gillette Avenue Irvine, California 92714 April 12, 1989 City of Newport Beach Finance Department 3300 Newport Blvd. Newport Beach, California 92663 ----- Re: Commercial Pier Permit #0112-0503-1 503 Edgewater (Newport Landing Marina) Gentlemen: We received the enclosed invoice yesterday. Please refer to my previous letters of February 13th and March 13th, 1989, concerning the charges reflected. I would very much appreciate it if you would adjust the billing appropriately to reflect all permit fees properly paid through March 11 1990. Thank you! Very truly, Douglas L. Salisbury President Salisbury Enterprises, Inc. Its: General Partner DLS:jh/LA07 Enclosures LANDING ASSOCIATES 17042 Gillette Avenue Irvine, California 92714 February 13, 1989 City of Newport Beach Finance Department 3300 Newport Blvd. Newport Beach, California 92663 Re: Commercial Pier Permit #0112-0503-1 --- - 503 Edgewater (Newport Landing Marina) Gentlemen: I received a statement of account in today's mail indicating the annual permit fee for the fiscal year beginning March 1, 1989 through February 28, 1990 is $765.00 and said amount is due by March 1, 1989. I have enclosed herewith Landing Associates' check for said 1989-90 annual fee in the full amount of $765.00. This statement of account also shows a previous balance due of $1,338.75. Please refer to my letter to you (another copy enclosed for your convenience) of January 12, 1989 and my letter to Mr. Tony Melum (also enclosed) dated December 5, 1988. We transmitted our prorated fees for fiscal 1988-89 to you on January 12th, shortly after completing our possession of the property. Any -fees owed by the former owner of the leasehold property, along with any penalty for late payment, should be directed to said prior owner. Thank you in advance for your assistance in properly reflecting our statement of account showing all amounts owing paid in full and prepaid through February 28, 1990. Very truly, Douglas L. Salisbury, President Salisbury Enterprises, Inc. Its: General Partner DLS:jh/LA07 Enclosures cc: David Salisbury LANDING ASSOCIATES 17042 Gillette Avenue Irvine, California 92714 March 13, 1989 City of Newport Beach Finance Department 3300 Newport Blvd. Newport Beach, California 92663 Re: Commercial. Pier_ Permit #0112-0503-1 503 Edgewater (Newport Landing Marina) Gentlemen: I received the enclosed billing today indicating a balance due of $1,338.75. Please refer to my previous letter dated February 13, 1989. I have enclosed herewith another copy for your convenience. I would appreciate it if you would indicate the appropriate credit to show the permit fees properly paid through March 1, 1990. Very truly, Alag Douglas L. Salisbury President Salisbury Enterprises, Inc. Its: General Partner DLS:jh/LA07 Enclosures April 6, 1989 Douglas L. Salisbury President, Salisbury Enteprises, Inc. 17042 GIllette Avenue Irvine, CA 92714 Re: Commercial Pier Permit 0112-0503-1 at 503 Edgewater (Newport Landing Marina) Dear. Mr. Salisbury: The permit for the above commercial location was transferred to Landing Associates in 1988. At that time there was due the City an outstanding permit fee of $765.00 plus past due penalties for that location. This is an annual fee and is not subject to proration. At the time Landing Associates acquired the above permit there was out standing the over due annual fee of $765.00 plus a 1000 penalty. Because Landing Associates had no control over the penalty aspect of the fee, the City of Newport Beach was willing to waive the penalty portion of the balance due. There is, therefore, still due $765.00 due for the permit for 1988. Because Landing Associates acquired the permit in 1988, they should pay the annual fee for that year, this minus the penalty. If you have further questions plese call me at 644-3044. Sincerely, Tony Melum Tidelands Administrator March 13, 1989 Douglas Salisbury President Salisbury Enterprises, Inc. 503 E. Edgewater Newport Beach, Ca. 92661 Dear Mr. Salisbury: Regarding our phone conversation on Friday, March 10, 1989, I am responding to your concern as to Newport Landing's responsibility to install a pumpout facility. Originally there was an agreement between the previous owner of the Landing, the State Regional Water Quality Control Board and the City of Newport Beach, to install a public facility at that location. However, a more recent decision was reached by both the above mentioned agencies to not require the pumpout facility to be public. City Ordinance, 88-18, requiring sailing clubs and charter operators to install a pumpout station to service their own np^pH= =+il` m',=+ ho mM+ hv NPWn:r+ lx:Hin:' Provi:'/im; correspondence has so indicated the need to Please be advised that the Marine Department is requiring the above mentioned pump to be in operation within thirty (30) days of receipt of this letter. failure to install this pump could result in the cessation of charter operations and sailing club activities. Please call me at the Marine Department if I can be of any help in assisting you meet this very important obligation. Respectfully, Wes Armand Harbor Inspector cc: City Attorney LANDING ASSOCIATES 17042 Gillette Avenue Irvine, California 92714 March 13, 1989 City of Newport Beach Finance Department 3300 Newport Blvd. Newport Beach, California 92663 Re: Commercial Pier Permit #0112-0503-1 503 Edgewater (Newport Landing Marina) Gentlemen: I received the enclosed billing today indicating a balance due of $1,338.75. Please refer to my previous letter dated February 13, 1989. I have enclosed herewith another copy for your convenience. I would appreciate it if you would indicate the appropriate credit to show the permit fees properly paid through March 1, 1990. Very truly, Douglas L. Salisbury President Salisbury Enterprises, Inc. Its: General Partner DLS:jh/LA07 Enclosures PLEASE RETURN WITH PAYMENT �II i LANDING ASSOCIATES 17042 Gillette Avenue Irvine, California 92714 February 13, 1989 City of Newport Beach Finance Department 3300*Newport Blvd. Newport Beach, California 9.2663 Re: Commercial Pier Permit #0112-0503-1 503 Edgewater (Newport Linding;Marina) Gentlemen: I received a statement of account in today's mail indicating the annual permit fee for the fiscal year beginning March 1, 1989 through February 28, 1990 is $765.00 and said amount is due by March 1, 1989. I have enclosed herewith Landing Associates' check for said 1989-90 annual fee in the full amount of $765.00. This statement of account also shows a previous balance due of $1,338.75. Please refer to my letter to you (another copy enclosed for your convenience) of January 12, 1989 and my letter to Mr. Tony Melum (also enclosed) dated December 5, 1988. We transmitted our prorated fees for fiscal 1988-89 to you on January 12th, shortly after completing our possession of the property. Any owed by the former owner of the leasehold property, along with any penalty for late payment, should be directed to said prior owner. Thank you in advance for your assistance in properly reflecting our statement of account showing all amounts owing paid in full and prepaid through February 28, 1990. Very truly, Douglas L. Salisbury, President Salisbury Enterprises, Inc. Its: General Partner DLS:jh/LA07 Enclosures cc: David Salisbury LANDING ASSOCIATES 17042 Gillette Avenue Irvine, California 92714 March 13, 1989 City of Newport Beach Finance Department 3300 Newport Blvd. Newport Beach, California 92663 Re: Commercial Pier Permit #0112-0503-1 503 Edgewater (Newport Landing Marina) Gentlemen: I received the enclosed billing today indicating a balance due of $1,338.75. Please refer to my previous letter dated February 13, 1989. I have enclosed herewith another copy for your convenience. I would appreciate it if you would indicate the appropriate credit to show the permit fees properly paid through March 1, 1990. Very truly, Douglas L. Salisbury President Salisbury Enterprises, Inc. Its: General Partner DLS:jh/LA07 Enclosures o ART'S anLn S P 0 R T F I S H I N G _ S03 E. EDGEWATER - BALBOA, CALIF. 67S-OSSO (AREA CODE 714) ALL DAY BOAT HALF -DAY BOAT CHARTER BOATS TACKLE SALES & RENTALS LIVE BAIT • COFFEE SHOP SKIFF RENTALS JOHNSON MOTORS •- SALES & SERVICE PHILLIPS 66 MARINA SRITISH DORYS -- SALES & SERVICE 1m24-199 F� lb to 0 , i m - M A ,w w r EDGEWATER PLACE 309 PALM ST. BALBOA, CA. 92661 December 19, 1988 Owners/captain Vessel "King Neptune" Registered Port, Avalon Gentlemen: This letter will serve to notify you that your onloading and/or offloading passengers for hire on the docks at Edgewater Place, 309 Palm St., Balboa, CA. without specific City of Newport Beach permits is illegal and you must cease and desists as of this date. It is my understanding that your onloading and offloading activities of Saturday, December 17, 1988 and Sunday, December 18, 1988 have constituted a Civil violation and also is in violation of the landlord/tenant agree- ment between the project owner and it's tenant, Newport Landing Sportfishing. I understand that your agreement with the owner of Balboa Boat Rental's, Mr James Buehner, did not specifically permit you to onload and/or offload passengers. Please be advised that any further violation of the regulations governing this activity will be dealt with by the various agencies and entities concerned therewith. Thank you for your consideration in this matter. EDGEW TER PLAC Ken Nelson Project Manager cc. Mr. Glenn Everrode, City of Newport Beach Mr. Tony Melum, City of Newport Beach Mr. James Buehner, Balboa Boat Rentals Mr. James Watt, Newport Landing Sportfishing Ms. Nancy Irvine, Irvine Coast Yaght Charters LANDING ASSOCIATES 17042 Gillette Avenue Irvine, California 92714 December 5, 1988 Mr. Tony Melum Tidelands Administrator City of Newport Beach Post Office Box 1768 Newport Beach, California 92658 Re: Transfer of Commercial Pier Pe fat 112-503 503 East Edgewater (Newport Dear Tony: I received the new pier permit for Newport Landing Marina in today's mail indicating that the permit was transferred into the name of Landing Associates on November 29, 1988. Thank you so much for your kind assistance in helping us process the application. The timing appears to be excellent, as we are scheduled to complete our foreclosure of the leasehold interest in the property on Friday, December 9th. This has been a long time in coming. Based on my residential pier permit, I believe the annual fees run on a fiscal year beginning March 1st and ending February 28th each year. Since we should hold title to the Newport Landing property as of December 9th, I would appreciate an invoice from you for the applicable fees related to the period from transfer (11/29/88) through February 28, 1989 so that Landing Associates might make the appropriate pro rata fee payment in a timely manner. It is my recollection that commercial pier permits, unlike residential permits, are assessed on a square footage of water area. If this is the case, I would appreciate knowing what the applicable annual fee is and how it is calculated. Again, thank you for all of your kind assistance. Very truly, Douglas L. Salisbury President Salisbury Enterprises, Inc. DLS:jh/LA07 cc: David Salisbury LANDING ASSOCIATES 17042 Gillette Avenue Irvine, California 92714 November 8, 1988 Mr. Tony Melum Tidelands Administrator City of Newport Beach Post Office Box 1768 Newport Beach, California 92658 Re: Transfer of Commercial Pier Permit 112-503 503 East Edgewater (Newport Landing) Dear Tony: Thank you very much for your letter and enclosures of October 20th in connection with our request for transferring the above referenced peir permit. I have had Mr. Ken Nelson verify the dimensions of the pier configuration and have enclosed herewith an updated drawing, on the 8 1/2" X 11" format requested, reflecting the docks as they exist today. I really appreciate all of your assistance and support over the last couple of months in regard to this permit application. Very truly, Douglas L. Salisbury President Salisbury Enterprises, Inc. DLS:sm/LA07 Enclosure A P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 October 20, 1988 Douglas L. Salisbury Salisbury Enterprises, Inc. 17042 Gillette Avenue Irvine, CA 92714 Re: Transfer of Commercial Pier Permit 112-503 503 E. Edgewater, Newport Landing Dear Mr. Salisbury: We have received all the documentation necessary to complete the above transfer of pier permit, and on October 19, 1988, inspected the structure for compliance with the City of Newport Beach Municipal Code. Everything is in order and we are prepared to transfer the permit. However, it was noted on the above date that the dock has been modified and does not correspond with the drawing that we have on file. A copy of our drawing is attached to this letter for your information. Although these modifications do no require a new permit, it will be necessary for you to submit a revised drawing on the 821 x 11 format, indicating the current configuration of the dock. If you have questions regarding the above requirements please contact me at 644-3044. After we have received the corrected drawing we will transfer the permit. Sincerely, Tony Me um Tidelands Administrator 3300 Newport Boulevard, Newport Beach STATUS SHEET HARBOR PERMIT TRANSFER LOCATION '5 Seller Buyer PERMIT NO. J/ 7——D - Date Application Received: Date Fee Received: Request for Inspection made by: Escrow Co. Date Escrow Officer Escrow No. Address Phone: Date Inspection rude: Deficiency Letter sent: Deficiency corrected Transfer completed: Date Inspection: I. Location 2. Plurnbi ng : /� -- — ---- -- - 3. Electrical•- 4. Structural: 5.OTHER: REMARKS: Inspected by: li A August 10, 1988 Tony Melum Tidelands Administrator City of Newport Beach Marine Department 3300 Newport Blvd. P.O Box 1768 Newport Beach, Ca. 92658-8915 Dear Tony: I am writing you this letter to inquire about a situation next to my restaurant, "Newport Landing", which upsets me very much. Since I purchased this restaurant in July of 1987, I have put up with a couple who live both in their camper, next to a public Walkway, and on their boat in front of private property. My un- derstanding is that you're not allowed to live on your boat un- less it's infront of a commercial property and that living in a camper is not allowed in the City of Newport Beach. Their names are Jeff and Patti Lewis and ever since I've been here, it has been nothing but a problem for the neighbors and my business. Besides the unsightly mess they create with used refrigerators and old boats, I don't understand how this kind of living situation can occur. I would sure appreciate any help or advise you could give me to solve this problem. I will cooperate in any manner to eliminate these individuals from the property. If you have any questions,. please don't hesitate to call. Sincerely, r Dave Salisbury Owner, Newport Landing Restaurant DS/cd 503 E. EDGEWATER, NEWPORT BEACH, CA 92661 714. 675 • 2373 4l &Ar • p � mare C , / C c6ROn4 VICINITY SKETCH OEl MAR Newport Bay California c E A OFLA-C SCALE MILES Traced From LosAngeles U.S.E.d d" 81SA-1 5oe/ndings +sae aa/ in Fevft and Benoit c%jnfhs be/ow /b'e +s Lower Low W��ta^ _ c ilkRj ; �i h �.� 7.4.E •� r I ^ V4g _f L 07' / 9ZK 2 - r Irk, I ;. C� io.HS• Lo/ Ache jr;Z-Caedf 1 A D'41y1' ' . ST Y t Proposed 3. .. � Pierand Lending Float Newport Bay LANDING ASSOCIATES 17042 Gillette Avenue Irive, California 92714 October 5, 1988 Mr. Tony Melum Tidelands Administrator City of Newport Beach Post Office Box 1768 Newport Beach, California 92658 Re: Transfer of Commercial Pier Permit 503 East Edgewater Newport Landing Marina Property Dear Tony: It has been about ninety (90) days since I submitted our application and fees for the pier permit covering the Newport Landing Marina dock areas. For your reference, I have enclosed herewith another copy of my July 5, 1988 letter to you, along with copies of the enclosure. Since we have not yet received a permit, I felt it best to follow- up with you to insure it has been processed or is underway. If you need any additional information or assistance, I would be pleased to help. I can generally be reached at my office in Irvine at 250-5729. Very truly, Douglas L. Salisbury \ President Salisbury Enterprises, Inc. Its: General Partner DLS:aes/LA07 Enclosures cc: David Salisbury LANDING ASSOCIATES 17042 Gillette Avenue Irive, California 92714 July 5, 1988 Mr. Tony Melum Tidelands Administrator City of Newport Beach Post Office Box 1768 Newport Beach, California 92658 Re: Transfer of Commercial Pier Permit 503 East Edgewater Newport Landing Dear Mr. Melum: Thank you very much for your recent response to my letter and for the instructions on transferring the commercial pier permit at Newport Landing to Landing Associates. I have completed the application form in quadruplicate and have enclosed it herewith. I have also enclosed a check in the amount of $251.00 payable to the City of Newport Beach covering the fee ($250.00) requested plus the additional $1.00 for the dock drawing you were kind enough to provide for our records. We have not yet been able to complete our foreclosure proceeding against Newport Bay Enterprises, the current Master Lesee of the premises, however the bankruptcy procedures are continuing to progress and we are hopeful that they will be finalized sometime next month. With Newport Bay Enterprises in bankruptcy, with no funds available to pay the required fee to the City, I felt it appropriate for us to forward the fee in good faith at this time so as not to affect the City. I really appreciate all of your assistance and cooperation with the requested transfer. Very truly, Douglas L. Salisbury� President Salisbury Enterprises, Inc. Its: General Partner DLS:aes/LA07 Enclosure cc: David Salisbury LANDING ASSOCIATES 17042 Gillette Avenue Irive, California 92714 July 5, 1988 Mr. Tony Melum Tidelands Administrator City of Newport Beach Post Office Box 1768 Newport Beach, California 9265.8 Re: Transfer of Commercial Pier Permit 503 East Edgewater Newport Landing Dear Mr. Melum: Thank you very much for your recent response to my letter and for the instructions on transferring the commercial pier permit at Newport Landing to Landing Associates. I have completed the application form in quadruplicate and have enclosed it herewith. I have also enclosed a check in the amount of $251.00 payable to the City of Newport Beach covering the fee ($250.00) requested plus the additional $1.00 for the dock drawing you were kind enough to provide for our records. We have not yet been able to complete our foreclosure proceeding against Newport Bay Enterprises, the current Master Lesee of the premises, however the bankruptcy procedures are continuing to progress and we are hopeful that they will be finalized sometime next month. With Newport Bay Enterprises in bankruptcy, with no funds available to pay the required fee to the City, I felt it appropriate for us to forward the fee in good faith at this time so as not to affect the City. I really appreciate all of your assistance and cooperation with the requested transfer. Very truly, Douglas L. Salisbury � President Salisbury Enterprises, Inc. Its: General Partner DLS:aes/LA07 Enclosure cc: David Salisbury CITY, OF NEWPORTBEACH P.O. BOX 1768, NEWPORT-BEACH, CA 92658-8915 June 15, 1988 Ed Liu California Regional Water Quality Control Board Santa Ana Region 6809 Indiana Avenue Suite 200 Riverside, CP., 92506 Re: Commercial Harbor Permit_ 112-503 for Newport Landing Dear Mr. Liu: In reviewing the records of the City of Newport Beach rega:ding the above permit, we have found that the permit is in the name of Mark Howard. It is our understanding, however, that Mr. Howard has divested himself of the upland ownership at Newport Landing, and thereby the permit must be transferred from Mark Howard to the new upland property owner. In that regard, we have corresponded ,with the new property owner, trying to determine if, in fact , Mr. Howard is no longer the upland property owner. Once we have resolved that issue, the permit will probably be transferred from Mark Howard to the new harbor permittee. If you have questions regarding the above, please contact me at 644-3044. SiAcerely, Tony Me Tidelands Administrator 3300 Newport Boulevard, Newport Beach LANDING ASSOCIATES 17042 Gillette Avenue Irive, California 92714 June 14, 1988 Mr. Tony Melum Tidelands Administrator City of Newport Beach P. O. Box 1768 Newport Beach, California 92658 Re: Commercial Pier Permit #0112-0503-1 Newport Landing Dock Space 503 Edgewater Dear Mr. Melum: �',/, I ,t5 e) klA-r ote 1 Today I received a copy of the Statement of Account which was mailed to Mr. Mark Howard on June 3, 1988. A copy is enclosed for your reference. Mr. Howard's interests in the property were foreclosed out by Newport Bay Enterprises on April 13, 1988 at a Trustee's Sale. A short time thereafter, Newport Bay Enterprises filed bankruptcy. Landing Associates, a California Limited Partnership, under which I represent the general partnership interests, holds the first and second trust deeds on the property and our foreclosure is now scheduled to occure on June 23rd, at which time we will hold the interests in the leasehold estate for a term of 34 years and 11 months under a new Master Lease with the fee owners of the property. We would very much appreciate your assistance and support in obtaining a new permit for the pier area, with "Landing Associates, a California Limited Partnership" as the permit holder. I would like the appropriate pier permit transfer, application and related fee structure, along with a copy of the existing dock facility if your offices can make one available to me. My mailing address is as reflected on this letterhead and my office number in Irvine is 250-0331 or 250-5729. Mr. Tony Melum June 14, 1988 Page Two Thank you in advance for your guidance and assistance with this request. I also wanted to personally thank you for your kind assistance with the transfer of the permit for the pier at my new residence at 120 South Bayfront, Balboa Island. We are now moved in and enjoying both the pier and our new home. Very truly, Douglas L. Salisbury President Salisbury Enterprises, Inc. General Partner DLS:aes/LA07 Enclosure cc: David Salisbury Of cwport 11CLICII 300 NEWPORT BOULEVARD EWPORT BEACH. CALIFORNIA 92663 3884 ^dANCE DEPT. 714-644-3121 STATEMENT OF ACCOUNT TC VRRL't` �7—PT. (714)b4`;•—zr_,4:. AST r PENALTYJ w ;ALANC r '}' T r C r 13 ., ....yam T rc+R �Lr`r r� aT� r T^ tJ 1NC'LU01L'4G r aTvLPA ? S LLITi0", T ar s .. nr -�' t T � .. 'ao- 4vTS�' Tom, Please make check payable to City of Newport Beach. Direct all correspondence to Finance Director, City of Newport Beach, 3300 Newport Blvd., Newport Beach. ti is . 23:._s RECORDS AMUUIN i �73.7S STAIE pATJE, i e 33 7'. CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 June 6, 1988 David Salisbury 503 Edgewater Balboa, CA.92661 Re: Harbor .Permit 0112-0503-1 for the property at 503 Edgewater Dear Mr. Salisbury: It has come to our attention that our Harbor Permittee f')r the above permit, Mark Howard, has divested him- __._ sa —f ..of the -ownership- of the upland property, landward of the docks at 503 Edgewater. As required by Section 17.24.030 of the Municipal Code, upon divesting of the ownership interest of the upland property, the -.permit for the pier, float and structures bayward of the upland property must be transferred to the new upland property owner." Failure to transfer shall .result in the loss of right of use of the structures bayward of the upland property, and right will vest in the, City until such time as the permit for such pier, float or structure is granted to another person. Please contact the Marine Department within ten days of receipt of this letter to resolve this matter. If you have questions you can contact me a't.644-3044. Sincerely, Tony um Tidelands Administrator c .3340 ,Newport Boulevard, Newport :Beach March 24, 1988 Keith Colwick KC Marine Fuel 2439 West Coast Highway Suite 202 Newport Beach, CA 92663 Dear Mr. Colwick: Please find attached a copy of correspondence regarding the Live Bait receiver at Newport Landing. The prior Use Permit and drawing as submitted with your letter of May 4, 1984 constitute the City's permission to retain the exiting live bait receiver. David Harshbarger .Marine Director 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 October 22, 1986 Donald Lyster Clegg Engineering, Inc. 2940 E. La Cresta Avenue Anaheim, CA 92806 - -- Re: Edgewater Excavation Project Dear Donald: As per our agreement evidenced by your letter of September 26, 1986, the City is now billing you for our employee supervision of the excavation site. Unfortunately it lasted only one day; therefore, based on the hourly rate of $14/hour, please remit your check to the City of'Newport Beach in the amount of $112.00, payable to the City of Newport Beach. If you have questions in this regard please call me at 644-3044. Sincerely, Tony Melum Tidelands Administrator TM:db 3300 Newport Boulevard, Newport Beach /■■■® ■■N ® CLEGG E GINEE ING, INC. NEI ■ ® GENERAL ENGINEERING CONTRACTORS ■ ■ i ®■■■■ ■■O 2940 EAST LA CRESTA AVENUE ANAHEIM, CALIFORNIA 92806-1799 PHONE: (714) 632-0210 STATE CONTRACTOR'S LICENSE #348600 October 14, 1986 City of Newport Beach P. O. Box 1768 Newport Beach, California 92658-89.15 Attention: Mr. Tony Melum Tidelands Administrator Re: Edgewater Excavation Project Dear Mr. Melum: We are in receipt of your letter dated October 7, 1986, where you outlined additional items to be considered to place the excavated sand adjacent to the Balboa Pier. Clegg Engineering, Inc. agrees to the conditions listed in your letter and wi,11 comply.with those items previously discussed in our letter of September 26, 1986 and the additional conditions in your letter of October 7,`1986. The mass excavation is tentatively scheduled to begin on October 16, 1986. Much of the material is to be excavated to projects in progress, however, we feel that there will be a need to excavate some of the material to the beach area, therefore, we will be in contact with you to inform you of the dates we will require the use of the beach area. We appreciate working with you. Please call if you have any questions. Respectfully, 6�� Donald L. Lyster Vice President DLL/drm ENGINEERING 9 GRADING 9 DEMOLITION P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 r October.7, 1986 Don Lyster, r Clegg Engineering, Inc 2940 E. La Cresta Ave. Anaheim, CA 92806 Re: Edgewater excavation project Dear Mr. Lyster: We are in receipt of your letter of September 26, 1986 wherein you outlined those things agreed to relative to replacement of excavated sand adjacent to the Balboa Pier. We wish to add the following conditions before approval of that sand deposit, as follows: 1. We tisould require that the first one to two feet of the excavation be scraped --and taken to an alternate site to make sure that any debris is out of the material placed on the beach. In lieu of this condition, we would be willing to meet on site and inspect the material and make a determination at that time. 2. We would request that a cleanup crew be available on a moment's notice during the excavation and disposal process so that if our inspector at the ocean site discovers debris in the material the responsible person could be called upon immediately, a crew dispatched to the area and the material. or debris removed at. once from either the beach or the surf zone. In addition to this we would ask that you give us the name of the responsbile person we could call immediately when or if a problem develops. 3. We would further request you notify us at your earliest convenience with as much lead time as possible for the beginning dates of the-. disposal of material on the ocean beach. We also ask that in this regard you contact the Traffic Department of the City as soon as possible so that haul routes could be developed to remove the material from the bay site over to the ocean beach. 4. We would request that you will -provide barricades so that parking can be blocked off in the location where the trucks will be entering the beach, because it will be necessary to block off some parking in that location, and that you would coordinate this with Ray Garver, Parking, -Lot Supervisor. Please review these additional conditions included in this letter and respond as quickly as possible with either your concurrence or statement of any problems you have in this regard. We would like to have a letter 33OO Newport Boulevard, Newport Beach on file indicating your agreement to the conditions listed in your letter of September 26 and those conditions set forth in this letter today. If you have any questions please call me immediately at 644-3044. Sincerely, Ton M y Tidelands Administrator TM:db M■A■■ MEN ® CLEGG ENGIN ER11®1G, 11®1C. MMI ®®i 101111111101111 GENERAL ENGINEERING CONTRACTORS ® ® 6 2940 EAST LA CRESTA AVENUE ANAHEIM, CALIFORNIA 92806-1799 PHONE: (714) 632-0210 STATE CONTRACTOR'S LICENSE #348600 September 26, 1986 City of Newport Beach Marine Department P. O. Box 1768 Newport Beach, California 92663-3884 Attention: Tony Melum Re: Edgewater Excavation Project Dear Tony: Per our conversation on Wednesday, September 24, 1986, Clegg Engineering, Inc. agreed to the following: 1) We will provide the necessary equipment to place the excavated sand on the west side of the Balboa Pier and push to the surf area. 2) We will pay a Marine Department employee to supervise the placement of this excavated sand at the hourly rate of $14.00. 3) Should the excavated material become unacceptable at any time, the operation will be stopped. 4) We will work together on this project for the mutual benefit of both parties. 5) We reserve the right to take the material to an alternate source at any time. We appreciate working with you. Please call if you have any questions. Respectfully, W�6�7� - g'& Donald L. Lyster Vice President DLL/drm ENGINEERING • GRADING • DEMOLITION STATE OF CALIFORNIA — GEORGE DEUKMEJIAN, �overnor _ _r CA.,LI ORNIA REGIONAL WATER 1 , ALITY CONTROL BOARD SANTA ANA REGION RECEIVE) 6809 lNDIANA AVENUE, SUITE 200 i J LDh�u" RIVERSIDE, CALIFORNIA 92506-4298 n? t:�":T 2 PHONE: (71`4) 684-9330 MAR 21 1986) R CITY ( ' Nb"iF4ftT MACH CALIF. March 18, 1986 Q �'�"..`•� 7-1 Environmental Protection Agency - Permits and Pretreatment Section (W-5-1) U. S. Army District, Los Angeles, Corps of Engineers Permits Section NOAA, National Marine Fisheries Service U. S. Fish and Wildlife Service State Water Resources Control Board, Ted Cobb, Office of the Chief Counsel State Water Resources Control Board, Archie Matthews, Division of Water Quality State Department of Water Resources State Department of Fish and Game Marine Resources Region State Department of Health Services Santa Ana Orange County Environmental Management Agency/Regulation, Attention: Assistant Director Orange County WaterDistrict Orange County Health Care Agency City of Newport Beach Building Department a Gentlemen: Enclosed for your review is a copy of tentative Order No. 86-72 (NPDES No. CA 8000055) which revises the permit for EQUIDON Contractors to J. A. Jones Construction Company. This revision is the result of change of contractor for this constructs -on project. Consideration of this order is scheduled for the.Board's May 9, 1986, meeting. Please provide your comments to this office by April 17, 1986. If there are any questions, please contact me or Mr o Li -Min Shih of our Regulations Section. Sincerely, Gerard J. Thibeault Supervising Engineer Enclosure: Tentative Order No. 86-72 cc: J. A. Jones Construction Company LMS : pic j California Regional Water Quality Control Board Santa Ana Region May 9, 1986 ITEM: SUBJECT: Waste Discharge Requirements for J. A. Jones Construction Company, Edgewater Place, Construction Dewatering, Orange County, Order No. 86-72, NPDES No. 'CA 8000055. DISCUSSION: On November 8 1985, the Board adopted Order No. 85-159 (NPDES No. CA 8000055) for EQUIDON Contractors for the discharge of ground water associated with the construction of Edgewater Place into Lower Newport Bay. On November 19`, 1985, EQUIDON Contractors notified the Board that they were no longer associated with this project and that Jo A. Jones Construction Company will be constructing the; project. � a J. A. Jones Construction Company, by application No. CA 8000055 dated December 30, 1985, has applied for a National Pollutant Discharge Elimination System .permit and has assumed full respon- sibility for this discharge. Therefore, Order No. 85-159 (NPDES No.. CA 8000055) should be revised to reflect.J. A. Jones Construction Company as the discharger. The proposed order contains effluent limitations for total sulfides, suspended solids, chlorine residual, and oil and grease. These limitations are consistent with those contained in similar dewatering permits and are based on best engineering judgment. The proposed requirements should be adequate to protect the waters of the area. This order also rescinds Order No. 85-159. RECOMMENDATION: Adopt Order No. 86-72, NPDES No. CA 8000055, as presented. Contents of File: 12/30/85 Application for permit submitted. 3/18/86 Copy of tentative order sent to discharger and interested agencies. California Regional Water Quality Control Board Santa Ana Region ORDER NO. 86-72 / NPDES No. CA 8000055 Waste Discharge Requiremen for J. A. Jones Construction C an Edgewater Place Construction Dewat Orange Coun The California Regional Water Quality Co r Bo d Santa Ana Region (herein- after Board), finds that: 1. On December 30, 1985, J. A on Co truction Company (hereinafter discharger) submitted a l i ion CA 8000055 for a permit to 9 ) PP discharge pumped groun water inte cepted during the construction of Edgewater Place, a rop tail building complex and garage structure in the Newpo ach ea. 2. An undetermined nt d atering wastes will be discharged into Lower Newport B 3. The Board ad a r Quality Control Plan (Basin Plan) on May 13, 19 3Thi P1 n contains water quality objectives and beneficia ses of ers in the Santa Ana Region. 4. These/ms are necessary to implement the Basin Plan. 5. The/hqn uses of Lower Newport Bay include: (r'.? 'F- t n , tact recreation, C. ct water recreation, n commercial and sport fishing, e.ne habitat, and a Shellfish harvesting. 6. T e issuance of these waste discharge requirements is exempt from the rovisions of the California EnvironmentalQuality Act (Public Resources Code, Section 21000 et seq.) in accordance with Section 13389 of the California Water Code. 7. The Board has notified the dischargerandinterested agencies and persons of its intent to prescribe waste discharge requirements for the di-scharge and has provided them with an opportunity to submit their written views and recommendations. 8. The Board, in a public meeting, -heard and considered all comments pertaining to the discharge. Order No. 86-72 (NPDES No. CA 8000055) - continued Page 2 J. A. Jones Construction Company, Edgewater Place IT IS HEREBY ORDERED that the discharger, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder and the provisions of the Federal WaterPollution Control Act and regulations and guide- lines adopted thereunder, shall comply with the following: A. Effluent Limitations 1. The discharge of dewatering wastewater in excess of the following limits is prohibited: Maximum Daily Constituents Concentration' Total Sulfides 0.2 mg/1 Suspended Solids 50 Chlorine Resi dual l 0.1 Oil and Grease None Visible 2. The discharge of any substance in concentrations toxic to human, animal, plant or aquatic life is prohibited. 3. Neither the treatment nor the discharge of wastes shall cause a nuisance or pollution, as defined in the California Water Code. B. Receiving Water_ Limitations This discharge shall not cause a violation of any applicable water quality standard for receiving waters adopted by the Regional Board or the State Water Resources Control Board as required by the Federal Water Pollution Control Act and regulations adopted thereunder. If more stringent applicable water quality standards are promulgated or approved pursuant to Section 303 of the Federal Water Pollution Control Act, or amendments thereto, the Board will revise and modify this order in accordance with such more stringent - standards; C. Provisions 1. The discharger shall comply with Monitoring and Reporting Program No. 86-72 ,_ 2. The discharger shall comply with the attached "Standard Provisions and Reporting Requirements" with the exception of the following items: A.4., 11, 16, and 18 8.4.; C.1., 3, 4, 7, 8, and 9; and D.6. and 7.b. 3. This order expires on July 1, 1987, and the discharger must file a Report of Waste Discharge in accordance with Title 23, California Administrative Code, not later than 180 days in advance of such date as appl-ication for issuance of new waste discharge requirements:, 1If chlorination is utilized for treatment of wastes, Order No. 86-72 (NPDES No. CA 8000055) continued Page 3 J. A. Jones Construction Company, Edgewater Place 4 This order shall serve as a National Pollutant Discharge Elimination System permit pursuant to Section 402 of the Federal Water Pollution Control Act or amendments thereto and shall become effective 10 days after date of its adoption provided the Regional Administrator of the Environmental Protection Agency has no objection. If the Regional Administrator objects to its issuance, the permit shall not become effective until such objection is withdrawn. S. This order also rescinds Order No. 85-159, 1, James R. Bennett, Executive Officer, do hereby certify the foregoing is a full, true, and correct copy of an order adopted by the California Regional Water Quality Control Board, Santa Ana Region, on May 9, 1986. Executive Officer CALIFOR 1 REGIONAL WATER QUALITY CONTR' BOARD SANTA ANA REGION May 9, 1986 STANDARD PROVISIONS AND REPORTING REQUIREMENTS A. General Provisions 1. The requirements prescribed herein do not authorize the commission of any act causing injury to the property of another, nor protect the discharger from his liabilities under federal, state, or local laws, nor guarantee the discharger a capacity right in, the receiving waters,. 2. The discharger shall permit the Regional Board and the Environmental Protection Agency: a. Entry uponpremisesin which an effluent source is located or in which any required records are kept; b. Access to copy any records required to be kept under terms and conditions of this order; c. Inspection of monitoring equipment or records; and d. Sampling of any discharge. 3. All discharges authorized by this order shall be consistent with the terms and conditions of this order. The discharge of any pollutant more frequently than or at a level in excess of that identified and authorized by this order shall constitute a violation of the terms and conditions of this order. 4. The discharger's wastewater treatment plant shall be supervised and operated by persons possessing certificates of appropriate grade pur- suant to Chapter 3, Subchapter 14, Title 23, California Administrative Code. 5. The discharger shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related appur- tenances) which are installed or used by the discharger to achieve compliance with the permit limits. Proper operation and maintenance includes effective performance, adequate funding adequate staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. The discharger shall keep in a state of readiness all systems necessary, at any time, to achieve compliance with the waste discharge requirements.' All systems, both those in service and reserve, shall be inspected and maintained on a regular basis., All reserve units shall be regularly tested by placing into service. Records shall be kept of the tests and made available to the regulatory agencies. 6.; Collected screenings, sludges, and other solids removed by treatment processes shall be disposed of in the manner approved by the Executive Officer of the Regional Board. 7. After notice and opportunity for -a hearing,, this order may be ter- minated or modified for cause, including, but not limited to: -4- a. Violation of any term or condition contained inthisorder; b. Obtaining this order by misrepresentation, or failure to disclose fully all relevant facts; c. A change in any condition that requires either a temporary or per- manent reduction or elimination of the authorized discharge. 8. If a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the FederalWaterPollution Control: Act, or amendements thereto, for a toxic pollutant which is present in the discharge authorized herein and such standard or prohi- bition is more stringent than any limitation upon such pollutant in this order, the Board will revise or modify this order in accordance with such toxic effluent standard or prohibition and so notify the discharger. 9. If more stringent applicable water quality standards are approved pur- suant to Section 303 of theFederal Water Pollution Control o Cot 1 o Act, r c 0 amendments thereto, the Board will revise and modify this order in accordance with such more stringent standards. 10. The provisions of this order are severable, and if any provision of this order, ,or the application of any provision of this order, or the application of any provisions of this order to any circumstance, is held invalid, the application of such provision to other circumstan- ces, and the ,remainder of this order shall not be affected thereby. 11. Safeguard to electric power failure: a. The discharger shall, within ninety (90) days of the effective date of this permit, submit to the Regional Board and the Regional Administrator a description of the existing safeguards provided to assure that, should there be reduction, loss, or failure of electric power, the discharger shall comply with the terms and conditions of this order. Such safeguards may include alternate power sources, standby generators, retention capacity, operating procedures, or other means. A description of the safeguards pro- vided shall include ananalysisof the frequency, duration, and impact of power failures experienced over the past five years on effluent quality and on the capability of the discharger to comply with the terms and conditions of the order. The adequacy of the safeguards is subject to the approval of the Regional Board. b. Should ;the treatment works not include safeguards against reduc- tion, loss,; or failure of electric power, or, should the Regional Board not approve the existing safeguards, the discharger shall within ninety (90) days of the effective date of this order or within ninety (90) days of having been advised by the Regional Board that the existing safeguards are inadequate, provide to the Regional Board and the Regional Administrator a schedule of compliance for providing safeguards such that in the event of reduction, loss, or failure of electric power, the permittee shall comply with the terms and conditions of this permit. The schedule of compliance shall, upon approval of the Regional Board, become a condition of this order. -5- 12. Any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions of this 'order is prohi- bited, except (a) where unavoidable to prevent Toss of life or severe property damage, or (b) wh•ere excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this order. The discharger shall promptly notify the Boardandthe Regional Administrator of EPA within 24 hours of each such diversion or bypass. 13. Except for data determined to be confidential under Section 308 of the Federal Water Pollution Control Act, all reports prepared in accordance with terms of this order shall be available for public inspection at the offices of the Regional Water Quality Control Board and the Regional Administrator of EPA. As required by the Federal Water Pollution Control Act, effluent data shall not be considered confidential. Knowingly making any false statements on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Act and Section-1338'7 of the California Water -Code. 14. The discharger shall take all reasonable steps to minimize any adverse impact to receiving waters resulting from noncompliance with any effluent limitations specified in this order, including such accelerated or additional monitoring as necessary to deter- mine the nature and impact of the noncomplying discharge. 15. In the event of any change in control or ownership of land or waste discharge facility presently owned or controlled by the discharger, the discharger shallnotify the succeeding owner or operator of the existence of this order by letter, a copy of which shall be forwarded to this Board. 16. The discharger shall ensure compliance with any existing or future pretreatment standard promulgated by EPA under Section 307 of the Federal Water Pollution Control Act or amendments thereto for any discharge to the municipal system. 17.;The discharge of any radiological, chemical, or biological warfare' agent or high level radiological waste is prohibited. 18. The discharger shall require each industrial user to submi periodic notice Cover intervals not to exceed nine months) of progress toward compliance with applicable toxic and pretreatment standards developed pursuant to the Federal Water Pollution Control Act or amendments thereto. The discharger shall forward a copy of such notice to the Board and the Regional Administrator. B. Provisions for Monitoring 1. Dater quality analyses shall be performed in accordance with the most recent edition of "Environmental Protection Agency Regulations on Test Procedures for the Analysis of Pollutants" promulgated by EPA (40 CFR 135). In addition the Board and/or EPA, at their discretion, may specify test methods which are more sensitive than those specified in 40 CFR 136. 2. Chemical, bacteriological, and bioassay analyses _shall be conducted at alaboratory certified for such analyses by; the State; Department of Health Services or EPA. 3. The laboratory which performs the sample analyses must be iden- tified in all monitoring reports submitted to the Regional Board Executive Officer and the Regional Administrator (EPA). 4. The discharger shall have, and implement, an acceptable written quality assurance (QA) plan for laboratory analyses. An annual report shall be submitted by January 30 of each year which sum- marizes the QA activities for the previous year. Duplicate;chemi- cal analyses must be conducted on a minimum of ten percent (10%) of the samples, or at least onesampleper month, whichever is greater. A similar frequency shall bemaintainedfor analyzing spiked samples. When requested by the BoardorEPA, the discharger will par- ticipate in the NPDES discharge monitoring report QA performance study. The permittee must have a success rate equal to or greater than 80%. 5. Sample containers, preservation, and hold times shall conform with 40 CFR Part 136. 6. Influent samples shall be taken at each point of inflow to.the wastewater treatment plant, upstream of any in -plant return flows, and shall be representative of the influent to the treatment plant. 7. Effluent: samples shall be taken downstream of the last addition of waste to the treatment or discharge works where a representative sample may be obtained prior to mixing with the receiving waters. 8. All monitoring instruments and devices used by the discharger to fulfill the prescribed monitoring program shall be properly main- tained and calibrated as necessary to ensure their continued accuracy. 9. The flow measurement system shall be calibrated at least once per year or more frequently, to ensure continued accuracy. C. General Reporting Requirement 1. The discharger shall submit to the Board on or before each compliance report date, a report detailing his compliance or noncompliance with, the specific schedule date and task 7 If noncompliance is being reported, the reasons for such noncompliance shall be _stated plus an estimate of the date when the discharger will be in compliance. The discharger shall notify the Board by letter when he has returned to compliance with the time schedule, 2. In the event the discharger does not comply or will be unable to comply with any prohibition, daily maximum effluent limitation, or receiving water limitation of this order for any reason, the discharger shall notify the Executive Officer by telephone (714) 684-9330 as 'soon as he or his agents have knowledge of such non- compliance, and shall confirm this notification in writing within five (5) days. The written notification shall state the nature, time, and cause of noncompliance and shall describe the measures being taken to prevent recurrences. 3. The discharger shall file with the Board within ninety (90) days after the effective date of this order a technical report on his preventive (failsafe) and contingency (cleanup) plans for controlling accidental discharges and for minimizing the effect of such events. The tech- nical report should: a. Identify the possible: sources of accidental loss, untreated waste bypass, and contaminated drainage. loading and storage areas, power outage, waste treatment outage, and failure of process equipment, tanks, and pipes should be considered. b. Evaluate the -effectiveness of present facilities and procedures and state when they became operational. Describe facilities and procedures needed for effective preventive and contingency plans c. Predict the effectiveness of the proposed facilities and proce- dures and provide an implementation schedule containing interim and final dates when they will be constructed, implemented, or operational. (Reference: Sections 13267(b) and 13268, California Water Code.) The Board, after review of the technical report, may establish conditions which it deems necessary to control accidental discharges and to minimize the effects of such events.. Such con- ditions may be incorporated as part of this order, upon notice to the discharger. -8 4. Discharge monitoring data shall be submitted to the extent possible on preprinted Discharge Monitoring Report forms to be supplied by the Board and EPA. Other specific reporting formatswhich may include magnetic tape, punched cards or direct computer entry may be prescribed at a later date. Unless otherwise specified, discharge flows shall be reported in terms of the 30-day average and the daily maximum discharge flows. The results of all monitoring required by this order shall be reported to the Board, and shall be submitted in such a format as to allow direct comparison with the limitations and requirements of this order. 5. The discharger shall file with the Board a report of waste discharge at least 120 days before making any material change or proposed change in the character, location, or volume of the discharge. 6. The results of any analysis of samples taken more frequently than required at the locations specified in the Monitoring and Reporting Program shall be reported to the Board: 7. The discharger shall file a written report with the Board within ninety (90) days after the average dry -weather waste flow for any month equals or exceeds 75 percent of, the design capacity of his waste treatment and/or disposal facilities. The discharger's senior admin- istrative officer shall sI,gn a letter which transmits' that report and certifies that the policy -making body is adequately informed about it. The report shall include: a. Average daily flow for the month, the date on which the instantaneous peak flow occurred, the rate of that peak flow, and the total flow for the day. b. The discharger's best estimate of when the average daily dry - weather flow rate will equal or exceed the design capacity of his facilities. c. The discharger's intended schedule for -studies, _design, and other steps needed to provide additional capacity for his waste treat- ment and/or disposal facilities before the waste flow rate equals the capacity of present units. (Reference:" Sections 13260; 13267(b), and 13268 California. Water Code.) 8. The discharger shall notify the Board not later than 180 days in advance of implementation of any plans to alter production capacity of the product line of the -manufacturing, producing, or processing faci- lity by more than 10 percent. Such notification shall include estima- tes of proposed production rate, the type of process, and 'projected effects on effluent quality. Notification shall include submittal of a new report of waste discharge and appropriate filing fee. -9- 9. The discharger shall notify the Board of (a) new introduction into such works of pollutants from a source which would be a new source, as defined i'n Section_306 of the Federal Water Pollution Control Act, or amendments thereto, if such source were discharging pollutants to the waters of the United States; (b) new introductions of pollutants into such works from a source which would be subject to Section 301 of the Federal Water Pollution Control Act, or amendments thereto, if it were discharging such pollutants to the waters of the United States; (c) a substantial change in the volume or character of pollutants being introduced into such works by a source introducing pollutants into such works at the time the waste discharge requirements were adopted. Notice shall include a description of the quantity and quality of pollutants and the impact of such change on the quantity and quality of effluent from such publicly owned treatment works. A substantial change in volume is considered an increase of 10 percent in the mean dry -weather flow rate. The discharger shall forward a copy of such notice directly to the Regional Administrator. D. Reporting Requirements for Monitoring 1. For every item of monitoring data where the requirements are not met, the discharger shall submit a statement of the actions undertaken or proposed which will bring the discharge into full compliance with requirements at the earliest time, and shall submit such information, in writing, within two weeks of becoming aware of noncompliance. 2. By January 30 of each year, the discharger shall submit an annual report to the Board The report shall contain both tabular and graphical summaries of the monitoring data obtained during the pre- vious year. In addition, the discharger shall discuss the compliance record and the corrective actions taken or planned which may be needed to bring the discharge into full compliance with the waste discharge requirements 3. The discharger shall maintain records of all sampling and analytical results',including strip charts; the date, exact place, and time of sampling; theanalyst's name; analytical techniques used; and results of all analyses. Such records shall be retained for a minimum of three years. This period of retention` shall be extended during the course of any unresolved litigation regarding this discharge or when requested by the Board. 4. The discharger shall file with the Board technical reports on self - monitoring work performed according to the detailed specifications contained in any Monitoring and Reporting Program or as directed by the Executive Officer. `-10= 5. All reports shall be signed by: a. In the case of corporations, by a principal executive officer at least of the level of vice president or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge originates; b. In the case of a partnership, by a general partner; c. In the case of a sole proprietorship, by the proprietor; d`. In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected offi- cial, or other duly authorized employee. 6. The discharger stall submit to the Board, by January 30 of each year, an annual summary of the quantities of all chemicals listed by both trade and chemical names which are used for .cooling and/or boiler water treatment and which are discharged: i. The discharger shall mail a copy of each monitoring report on the appropriate form to be supplied by the Board and any other reports " required by this order to: a California Regional Water Quality Control Board Santa Ana Region 6809 Indiana'Avenue,Suite 200 Riverside, CA 92506-4298 b. A copy of such monitoring report for those discharges designated as a major discharge shall be mailed to: Regional Administrator Environmental Protection Agency Region 9, Attention: C-A-CMR (W-3-1) 215 Fremont Street San Francisco, CA 94105 E. Definitions 1. The daily mass emission rate is obtained from the following calcula- tion for any calendar day: 8.34 N Daily mass emission -rate (lbs/day) N E Qi Ci 1 N Daily mass emission rate (kg/day) 3.78 E Qi Ci =N 1 in which N is the number of samples analyzed in any calendar day. Qi and Ci are the flow rate (MGD) and the constituent con- centration (mg/1) respectively, which are associated with each of the N grab samples which may be taken in any calendar day.' -11- If a composite sample is taken, Ci is the concentration measured in the composite sample and Qi is the average flow rate occurring during the period over which samples are composited. The daily concentration of all constituents shall be determined. from the flow -weighted average of the same constituents in the combined waste streams as follows: 1 N Daily concentration = Qt E _Qi Ci i=1 in which Nis number of component waste streams. Q• nd Ci are the flow rate ND) and the constitute concentration A/�`), respective- ly, which are associated with each of the N waste streams. Qt-is the total flow rate of the combined waste streams. 2. The "30-day, or 7-day, average" mass emission rate is the total mass emission rates by weight during a 30 or 7, consecutive calendar day period, respectively, divided by the number of days in the period that the facility was discharging. Where less than daily sampling is required by this permit, the 30-day, or 7-day, average discharge shall be determined by the summation of all the measured mass emission rates by weight di vi coed by the ;number of days during the 30, or 7, con- secutive calendar day period when the measurements were made. For other than 7-day or 30-day periods, compliance shall be based upon the average of all measurements made during the specified period. 3. The "daily maximum" discharge means the total discharge by weight during any calendar day. 4. The "30-day, or 7-day, average" concentration, other than for fecal or total coliform bacteria,_ is the arithmetic mean of measurements made during a 30, or 7, consecutive calendar day period, respectively. The "30-day, or 7-day, average" concentration for fecal or total coliform bacteria is the geometric mean of measurements made during a 30, or 7, consecutive calendar day period, respectively. The geometric mean is the nth root of the product of n numbers. 5. The "maximum daily concentration is defined as the measurement made on any single grab sample or composite sample. 6. A'"grab" sample is defined as any individual sample collected in less than 15 minutes. 7 A composite sample is defined as a combination of no fewer than eight individual samples obtained over the specified sampling period. The volume of each individual sample shall be proportional to the discharge flowrateat the time of sampling. The compositing period shall equal the specific sampling period, or 24 hours, if no period is specified. -12- 8.An "industry" is defined as any facility identified in the Standard Industrial Classification Manual,_1972, Office of Management and Budget, as amended and supplemented, under the following divisions: a. Division A - Agriculture, Forestry, and fishing; b. Division B - Mining; c . Division D Manufacturing d. Division I -:Services. A facility in the divisions 'listed may beexcludedif it is deter- mined by the Board that it introduces primarily domestic wastes or wastes from sanitary conveniences. 9. °Prohibited wastes" are any of the following wastes which shall not be introduced into the treatment works: a. Wastes which create a fire or explosion hazard in the treat- ment works; b. Wastes which will cause corrosive structural damage to -treat- ment works,�but, in no case, wastes with a pH lower than 5.0 unless the works are designed to-accomodate such wastes; c. Solid.or viscous wastes in amounts which would cause obstruc- tion to the flow in sewers or other interference with the proper operation of the treatment works; or d. Wastes at a flow rateand/or pollutant discharge rate which is excessive over relatively short time periods so that there is a treatment process upset and subsequent loss of treatment efficiency. -13 .1 California Regional Water Quality Control Board Santa Ana Region Monitoring and Reporting Program No. 86-7 NPDES No. CA 8000055 for J. A. Jones Construction Company Edgewater Place Construction Dewatering_ Orange County Effluent Monitor. ng A sampling station shall be establisefac o of discharge and shall` be located where representative samplesefflu can be obtained. The following shall constitute the effluoring program: Type of Minimum Frequency Constituents Units Sample of Analysis Flow ga s Estimate Daily Total Sulfides /1 Grab Weekly Suspended Solids ►„ Chlorine Residual (if applie) A check for the presenc - v i'ble oil residues and solvent or hydrocarbon odors in the wastedischarge, 'al be de daily and recorded. The presence of any of these constituents s 1 e re ted to the Executive Officer within 24 hours of detectiono ._� Reportin The disch ,plement'the above monitoring program with the commencement of the di r ekly monitoring reports shall be "submitted by the Friday of the wee�K o11 in sampling. If ddiiharge is made during any given week, a statement reporting this fact sh,� s 'tted in lieu ,of the monitoring reports All repor shall be signed by'a responsible officer or duly authorized employee of J. A. Jones Construction Company and submitted under penalty of perjury. Ordered by JAMES R. BENNETT Executive Officer May 9, 1986 -14 VG�oo E inee ' Inc, lseq� ng ring CIVIL ENGINEERING El LAND SURVEYING 150 Paularino, Suite 132 Costa Mesa, CA 92626 (714) 540-0221 March 5, 1986 City of NewportlBeach Marine Department 3300 W. Newport Blvd. Newport Beach, California Attention: Mr.'Tony Melum Subject: EDGEWATER PLACE (Re -Sub #797) This letter shall serve to memorialize our telephone conference of this date. i It is understood that the Army Corps. of Engineers permit as set forth in condition of approval No. 18 for the subject project is not required. It is further understood that the harbor permit will be by virtue of,your signature on the site grading plan. If you find the foregoing to be not per our conference, please call immediatly. Very truly yours, WOOL NGINEERING, h/lvin E. Woo: CEW/br cc: Mr. Paul Ponte INC. �F k CITY OF NEWPORT.`BEACH. CALIF. wx FORM 66.101�:REV; vla �h Y\ t .� D ,...P.�. J.A. JONES CONSTRUCTION COMPANY 1601 WEST ORANGEWOOD AVENUE o P.O. BOX 10 • ORANGE, CA 92666 • (714) 338-0224 January 13, 1986 1 City of Newport Beach Marine Department P.O. Box 1768 Newport Beach, CA 92663 Attention: Mr. Tony Melum Dear Tony, J.A. Jones has begun offsite construction of the Edgewater Landing Project of 309 Palm Street in Newport Beach, across from the Fun Zone Project. The City of Newport Beach Planning Department has established conditions for onsite construction which we are in the process of fulfilling. There are two conditions of Use Permit No. 3122 that pertain to your department which we propose to satisfy through this document. These conditions are as follows: 1.) Condition 19 : A Harbor permit is to be obtained should barges be utilized for construction. This condition will not apply since barges will not be utilized during con- struction. 2.) Condition 27 A system of barriers shall be provided to prevent debris from falling into the Newport Bay. The limits of construction and the scope of work is such that debris will not fall into the bay without barriers along the bay's edge. Please find that this documentation meets with Marine Department approval. Contact our office should you have any questions. Very truly yours, J.A. JONES CONSTRUCTION COMPANY e K Eric A. Umholtz Project Engineer EAU: kw CC: Tom Grabiel Paul Ponte Bob Woodings NEWPORT BEACH FIRE DEPARTMENT - December 27, 1984 TO FIRE MARSHAL -BAILEY FROM: INSPECTOR UPTON SUBJECT: 503 EDGEWATER (NEWPORT LANDING) A MARINA AND MARINE DUEL DOCK To facilitate the most efficient use of the marine service station and the adjoining floats and maintain a reasonable degree of fire and life safety, this inspector and the owner, Mark Howard Properties, agreed to the following special requirements governing the use of the floats and public access: I. Marine Service Station (see diagram attached) A. Mooring to the front face of the fuel dock shall be limited to vessels needing the services provided and the time required to perform them. B. No unauthorized persons shall be permitted on the fuel dock. 1. Unauthorized persons are those not employed to work on the fuel dock and/or are not aboard a vessel utilizing the facility for its intended use. II. Mooring of sailboats will be permitted on, the back (south) side of the fuel dock under the following conditions: 1. No maintenance other than ordinary washing down or cleaning will be permitted. A. Persons washing or cleaning vessels will be employed by the fuel dock or vessel chartering agency. No owner, guest or charter may board, occupy or otherwise utilize a vessel moored to the back side of the fuel dock. B. Charter/owner boarding loading of stores, etc must take place at another location. III. East; Float A. The east float (see diagram) may be used to moor a charter vessel Loading and unloading of passengers- will be permitted. The vessel ,shall be moored so as not to require -passengers to encroach on the fuel dock in order to board or leave the vessel. B. Early boarding passengers must remain_a-board and not wander the fuel dock. WILLIAM M. SIMPSON CONSULTING STRUCTURAL ENGINEER 2222 NEWPORT BLVD. NEWPORT BEACH, CALIF. 92663 U.S.A. (714) 675-6110 December 12, 1984 Newport Landing Co. 503 E. Edgewater Balboa, CA 92661 Ref: Planning Commission June 7, 1984 Re: Subdivision 6765 Use Permit.3075 Page 13, Para. 8. Our Job. # 3610 Gentlemen, Site visits were made to the Bulkhead in 'question on December 11 and 12, 1984 at low tide for the purpose of pre- paring the condition report as per the Planning Commission requirements. The Bulkhead is approximately 1051 in length bounded by short groins at either end. The Bulkhead is purported to have been installed in 1968. The exposed face of bulkhead piles is in excellent condition showing no stress cracks, spalls or signs of deterioration or bursting due to rusting of reinforcing. Pile caps have shrinkage cracks but these are considered to have caused no structural deficiency. It is my opinion that the Bulkhead is entirely suitable and acceptable for its present usage and should prove satis- factory for a considerable period of time. Photos taken on December 12, 1984 are enclosed for our record. r.. s}rpegttfully submits„ ; 4 7.' ` William M. Simpson WMS:ff enclosure jam WILLIAM M. SIMPSON CONSULTING STRUCTURAL ENGINEER 2222 NEWPORT BLVD. NEWPORT BEACH, CALIF. 92663 U.S.A. (714) 675-6110 December 12, 1984 Newport Landing Co. 503 E. Edgewater Balboa, CA 92661 Ref: Planning Commission June 7, 1984 Re: Subdivision 6765 Use Permit 3075 Page 13, Para. 8. Our Job #3610 Gentlemen, Site visits were made to the Bulkhead in question on December 11 and 12, 1984 at low tide for the purpose of pre- paring the condition report as per the Planning Commission requirements The Bulkhead is approximately 105' in length bounded by short groins at either end. The Bulkhead is purported to have been installed in 1968. The exposed face of bulkhead piles is in excellent condition showing no stress cracks, spalls or signs of deterioration or bursting due to rusting of reinforcing. Pile caps have shrinkage cracks but these are considered to have caused no structural deficiency. It is my opinion that the Bulkhead is entirely suitable and acceptable for its present usage and should prove satis- factory for a considerable period of time. Photos taken on December 12, 1984 are enclosed for your record. spectfully submitt r William M. Simpson WMS:tf enclosure µ P <c °, CITY OF NEWPORT BEACH U 2 P.O. BOX 1768, NEWPORT BEACH, CA 92663-3884 -9<� Fo RNA September 6, 1984 Ken Nelson Art's Landing 503 East Edgewater Balboa, CA 92661 Dear Ken: Attached please find your drawings; (1) Cosmetic PVC covering and (2).PVC pile form/covering. As I indicated to you, these must be plan checked by our Building Department. This process occurs so infrequently that I rather forget the steps. Here's how we proceed: 1. Take your two (2) plans to Building Department 2. Apply for a Building Permit after the fact 3. Once you have their recommendations, submit them to me. If you have any questions, give me a call. Very truly yours, f 1° Tony Mel, TM:db 3300 Newport Boulevard, Newport Beach Ce��IW77-1C ��' 67LYZ�FI&C CX"O SS -S� G T/OA/ 7-0 P V/ E W � aticNoR Boa r °k 13" ANA 4 -� epNey2ETE' Soo- c-32-So f�2aC�DUR� /�1/SPKT� tG e�sV GG�'lS�.a/G c.(C 7-0 Ep�j/ClLET�•j CLiRE � /Ns7ALL p ZaRA WING PILE 0C7�A-�/LS WMANSSONERS 1 Ju.''7 , 1934 MINUTES ROLL CALL I Motion Ayes Nays Abstain M -on Ayes Abstain Motion Ayes Abstain x g � w s R a s c a o m t x 1x ax Ayes x x x x Abstain Substitute motion was made that Condition No. 35 be reviser to read, "That the proposed patio area, located on Edge- water'Place shall be permitted provided that no food or beverages shall be served within the patio, unless the use permit is amended accordingly," which MOTION CARRIED. City Engineer Webb questioned whether the intent of the motion relating to Condition No. 35 was that the patio area would be used only for restaurant use or general pub- lic use. COMMissioner Person stated for the record that heyopposed the motion concerning Condition No.-35 inasmuch as he felt it was unclear re the placement of tables and chairs. A general discussion ensued, during which timeitwas noted that. the Bayview .:Landing and Fun Zone projects are being required to provide tables and chairs for public use without being able to provide food and beverage ser- vice It was the consensus of the Planning Commission that this project should be consistent with the Bayview Landing and Fun Zone projects. Motion was made that the Planning Commission reconsider the vote relating to Condition No. 35, which MOTION CARRIED, Motion was made that Condition No. 35 be revised to read as follows, "That the proposed patio area, located on Edgewater Place shall be permitted provided that no food or beverages shall be served withir the patio unless the use permit is amended accordingly. Seating shall be limited to benches and/or tables." MOTION CARRIED. Commissioner Balalis' main motion for conditional approval of Use Permit No. 3076, as revised by subsequent Planning Commission action relating to Conditions Nos. 33 and 35, was then voted on -and CARRIED. Useio"i$e}�gpr subject to the following Findings and Conditions: i"i"ri�rgse . 1. That an initial Study and Negative Declaration have been prepared in compliance with the California Envi- ronmental Quality Act, and that their contents have been considered in the decisions on this project. 2. That based on the information contained in the Negative Declaration, the project incorporates sufficient miti- gation measures to reduce potentially significant _.. environmental effects, and that the project will not result in significant environmental impacts. i INDEX -19- Ju. 7 , 1984 MINUTES l ROLL CAU � X � r e v ® c X p c o c a 0 m 2 j Z ® n 3. That the proposed development is consistent with the General Plan; the Land Use Plan of the Local Coastal Program as conditionally certified by the Coastal Commission and accepted by the City Council; and is compatible with surrounding land uses. 4. The reduced width of parking aisles and the tandem and compact car spaces will not, under the circum- stances of this particular case, be detrimental to the health, safety; peace, comfort, and general welfare of,persons residing or working in the neighborhood of such proposed use or be detrimental or injurious rho property and improvements in the neighborhood or the general welfare of the City and further that the proposed modifications are consistent with the legis- lative intent of Title 20 of this Code. 5. The approval of Use PerLt No. 3076 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 neigh- boyhood or be,detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 6. That the proposed use is in keeping with the desired character of the specific plan area as identified in the General Plan. 7. That the off -site parking areas are located so as to be useful in connection with the proposed use on the building site. S. That the parking on the off -site locations will not, create'undue traffic hazards in the surrounding area.. 9. That the off -site parking areas and the building site are in the same ownership or will be under long -terra lease, by the owner of the building site. 10. That the waiver of a portion of the required parking spaces will be of .no further detriment to adjacent properties inasmuch as the site has been developed, and.the structure has been in existence for many years without required parking. INDEX -20- 3. That the proposed development is consistent with the General Plan; the Land Use Plan of the Local Coastal Program as conditionally certified by the Coastal Commission and accepted by the City Council; and is compatible with surrounding land uses. 4. The reduced width of parking aisles and the tandem and compact car spaces will not, under the circum- stances of this particular.case, be detrimental to the health, safety; peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be -detrimental or inn*uraou_._ -- - -- -- to property and improvements°'in the neighborhood or the general welfare of the City and further that the proposed modifications are consistent with the legis- lative intent of Title 20 of this Code. 5. The approval of Use Permit No. 3076 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 neigh-, borhood or be•detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 6. That the proposed use is in keeping with the desired character of the specific plan area as identified in the General Plan. 7. That the off -site parking areas are located so as to be useful in connection with the proposed use on the building site. 8. That the parking on the off -site locations will not. create'undue traffic hazards in the surrounding area. 9. That the off -site parking areas and the building site are in the same ownership or will be under long-term lease, by the owner of the building site. 10. That the waiver of a portion of the required parking spaces will be of no further detriment to adjacent properties inasmuch as the site has been developed, and the structure has been in existence for many years without required parking. -20- _ � ,.... _­V Ju, ' 1984 -v MINUTES � x g r- 0 Crt o � a ; a 7 m ROl CALL717 'ity Of,Newport Beach - - INDEX 11. That 46 offstreet parking spaces and four boat slips on a short-term basis) and 5.4:-:: fstreet ,p-arkcing spes_:a=and four boat slips (on a long-term basis) will be provided 'for" `the ---Proposed= r-Mi— �rah"V e where, -only. -five `park nqf spaces are �'no�r�ro�i`�ed`-for theA,exi.sting"`uses "on=site Conditions: 1. That all development shall be in substantial conform- ance with the approved plot plan, floor plans-,-ele------- — -_—vations:and sections except as noted below . 2. That all applicable conditions of Resubdivision No, *765 shall" be fulfilled. 3. During construction, noise -producing equipment shall be enclosed by -barriers or baffled in a manner estab lished by a qualified acoustic engineer to the satis- faction.of the Planning and Building Departments. 4. The location or relocation of public utilities shall be coordinated with and approved by local utility companies and public agencies as appropriate. 5. During any closure of adjoining streets which may be required during the proposed construction phases, alternative pedestrian circulation shall be provided to the satisfaction of the City of Newport Beach Plan- ning and Public works Departments. 6. All activities that require full or partial street closures, parking prohibition, heavy truck traffic," large or heavy loads Or -similar activities shall be approved by the Police Department and City Traffic Engineer. 7. That construction workers shall use the existing off - site parking areas. 8. The applicant/owner shall grant public access rights to the City and enter into an agreement with the City to keep .the area from the bulkhead to the proposed. structure free from hindrances to public access and to repair and keep the area in a good and safe condition at their sole cost and expense. -21- \A Planning Commission Meeting May 10, 1984 Agenda Item No. 3 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Resubdivision No. 765 (Public Hearing) Request to resubdivide three existing lots and r;> eliminate -interior property lines so as to create a ~ single building site for the purpose of converting and - _ remodeling_ . the existing commercial building_ on : the property into a restaurant. - AND Use Permit No. 3076 (Public Hearing) Request to permit the conversion of an existing two --story commercial building into a restaurant with on -sale alcoholic beverages, live entertainment, and dancing on property located in the C-1 District. The proposal also includes a modification to the Zoning Code for the required size of parking spaces and aisle widths and to allow the use of tandem and compact parking spaces in conjunction with a valet parking service; and the acceptance of an off -site parking agreement for a portion of the required parking spaces, and the acceptance of an environmental document. LOCATION: Lots 4-6, Block 3,-Balboa Bayside Tract, located at 503 Edgewater Place, on the southeasterly corner of Edgewater Place and Adams Street, in Central Balboa. ZONE: C-1 APPLICANT: Howard Properties, Newport Beach OWNERS: Ron Franklin and James Ray, Corona del Mar Applications The applicant has requested approval of a Resubdivision and a Use Permit so as to permit the alterations and conversion of an existing two -story -commercial building into a restaurant with on -sale alcoholic beverages, live entertainment and dancing on property located in the C-1 District and which is built on three existing lots of record. The TO: Planning amnission •2 . proposal also includes a modification to the Zoning Code --for the required size of parking spaces and aisle width and compact parking spaces in conjunction with a valet parking service, and the acceptance of an off -site parking agreement for a portion of the required parking spaces. In accordance with Section .20.25.020 of the Newport Beach Municipal Code, restaurants are a permitted use in the C-1 District subject to the securing of a use permit in each case. Use permit procedures are outlined in Chapter 20.80 of the Municipal Code, modification procedures are outlined in Chapter,.,20.81, and procedures for the approval of off -site parking agreements are set forth in Section 20.30.035, D. Section 20.87.090 of the Municipal Code provides that where a building site is comprised of more than one subdivided lot, or fractions thereof, a resubdivision is required when new construction of alterations to existing structures, 'in excess of $5,000.00, are proposed in any one year period. Resubdivision procedures are outlined in Section 19.12.040aof the Municipal Code. Environmental Significance. After the preparation of an Initial Study, it has been determined that this project will not have any significant environmental impact. A negative declaration has been prepared, and is attached for Commission review. Conformance with the General Plan and the Local Coastal Program, Land Use Plan The Land Use Element of the General Plan designates the site for "Retail. Service Commercial" uses. The proposed restaurant is a permitted use within this designation, subject to the securing of a use permit in each case. The certified Land Use Plan of the Newport Beach Local Coastal Programs designates the. site for both "Retail Service Commercial" and "Recreation Marine Commercial" uses.. The proposed restaurant is a permitted'use within these designations as well. Subject Property and Surrounding Land Uses The subject property is presently developed with a vacant two-story commercial building which previously contained a marine related retail sales and service facility and a coffee shop -on the ground floor and offices above. To the north is Edgewater Place and an existing structure that was previously used as cold storage for the coffee shop and offices for the fuel dock operation. Said structure is intended - to remain as a walk-in cooler office for the existing fuel dock and a commercial fish market. Beyond Edgewater Place is Newport Bay and an existing dock area which includes a fuel dock and berths for the existing sportfishing operation; to the east and south are the sites of the previously approved Bayview Landing project (Use Permit --- TO: Planning Commission-3. No..3018). Said property is intended to be used for off -site parking .for the restaurant use until such time as the Bayvi.ew Landing project is implemented; to the west, across Adams Street, is a paved off-street parking area. Background At its ting of.March 7, 1963, the Planning Commission approved Use Permit No. 925 which was a request to establish a marine service station facility which included on -sale beer and food and the lease of boat slips. Said approval was conditioned so as to allow on -sale beer for one year only. .At ith•meeting of April 2, 1964, the Planning Commission approved Use Permit No. 1026 which was a request- to install a live bait tank dispenser in conjunction,,with the -existing marine fuel dock. Said approval was subject to the condition that all dead fish be disposod3 of on a daily basis:` AL= aofioeaahear9:96�thePlaa�ating approv Use a nt° Na �.1838 r.sw arch a€aa .. a,, requeat , add,-various.-:activF iegP_vto the- q---marine _:_.dock op�ration,. tc,-, include.: a - . p. _d=r2ralf -:.day sportingfishing .boats, charter boats, fishizxjrza—kilffrental, I 'bait sales, . tackel : vtore f boat -sales, marine motor' ' sales, -a d °service, coffee =tread-bow=hoist. The action of the Planning Commission was subject to the following conditions: 1. That the recommendations of the Fire Department becomplied with. 2. That -mot be used 'forte q-of cars, only. 3. That the boat hoist be non-public. 4.. That there be no fiberglassing or other hazardous reparing of boats. Ith�i2c1aoted that,-conclitican Rio <above. dues' not. `indicate a spe i c- r-:-,of parking spaces on Lot 9� `hai ievrer 'based'' o : cursrent gn • standards r ;ot -foasr � confo in -_s park-inq: des y- g• paces-'toulci` be -'located At -its meeting of August 19, 1965, the Planning Commission denied Use Permit No. 1146 which was a request to reestablish on -sale beer in conjunction with the existing marine related facility. Analysis The applicant proposes to expand and convert the existing commercial building into a restaurant with on -sale alcoholic beverages, live entertainment and dancing. The remodeled structure is proposed to have,a height of .31' 60, measured from grade to the top of a pitched TO: Plannin Ammission-4. i'1'� o�ti l� , � �l$•.� roof, with an average roof height of 25' 6". However, the plans will have to be.revised slightly, inasmuch as the top. of a pitched roof may not exceed 31 feet in the 26/35 Foot Height Limitation District: The restaurant 'will contain 6025t gross sq.. ft. and approximately 3,595t sq. ft. of "net public area", and will operate from 6:00 a.m. to 3:00 p.m. for breakfast and lunch and- from 6:00 p.m. to 2:0.0 a.m.. for dinner. Where .will be a maximum of 15-employees on duty during peak hours of operation. Required Off -Street Parking Based on the current restaurant parking requirement of one parking space for each 40 sq. ft. of "net public area", 90 parking spaces would be required for`the 3,595t sq. ft. of "net public area" (3,595t sq. ft. - 40 = 8.9.89 Or. 90 spaces)- in the restaurant.. It should be pointed out that the parking requirement could vary from 72 parking _,. spaces (i.e., one. parking space for each 50 sq. ft. of "net public d area to 120 parking spaces (i.e., one parking -space for -each 30 sq.­ ft. of "net public area"), depending`...on the operational characteristics of the restaurant. It is staff's opinion- that inasmuch as the proposed dance floor is only 192 sq. ft. and that the live entertainment will be limited to a three piece combo, the parking requirement should be based.on one parking space.for each 40sq. ft. of�' "net public area" (3.,595t sq. ft. - 40 sq. ft. = 89.88 or 90 spaces). As mentioned previously, the proposed restaurant will occupy an existing commercial building which previously contained various marine related retail sales and service activities, a small coffee shop and related offices. As further mentioned, said ac -with-Use Permit N .A`l0861'_i7i'�°9��'"`wiien lY4i$ no ipa g •�V ,. ...... v.. go-. . . .. -• .. .._ Z.�-. ._ red t `- the C-I -District" Haver said"use permit c�id�:rec�=ire four parking spaces be provided on a lot across the alley (Lot No. 9) - e a coa:dition of approval. In addition to the parking required for the existing and proposed uses, on or bayward of the site, 15 additional parking spaces for the Fun Zone Marina are required in conjunction with the applicant's proposal. Said parking is required inasmuch as a portion of the property included in the applicant's proposed off -site parking location is currently used by the Fun Zone Marina as off -site parking. In accordance-"7, sith�"section 20=.30 030; "B fl) -Of the Newport Beach Muinicipal-__':Code,` the" lawful. -use .of ;>land or., buildings or both in commaeresal­districts, which do 'not -meet current parking' requirements, whichuse' was in existence- in 1969,:' -may 'be continued or changed to a use, -requiring the same or 'less off-street parking without' compliance with -said -requirements. Ire other words; the same or similar uses that previously occupied the subject building could legally utilize the - same 'r°`existing commercial . space, "-;without providing any_ parking 414-tddever. Similar parking credits have been allowed in conjunction with the expansion of the Le Barritz, Palm Street Cafe and the Rick Lawrence project at McFadden Square. Such a provision would allow the applicant a parking credit of 32 parking spaces, based on current - parking formulas. Said credit has been calculated as follows: I no Lea 11 lfl�l � 4 I -A J � �61 id I � i d 1 5�� REAL ESTATE DEVELOPMENT May 4, 1984 Mr. Tony Melum Tidelands Administration City of Newport Beach P. 0. Box 1768 Newport Beach, CA 92663 Dear Mr. Melum: In accordance with your instructions, we hereby submit the following documents in support of our request to continue the previously existing use of "Live Bait Sales", as permitted by Use Permit 1086, dated November 2, 1964, and approved November 19, 1964: 1. Copy of above mentioned Use Permit. 2. Drawing of bait receiver design in accordance with Section 17.36.020 of Harbor Regulations pertaining to Live Bait Receivers. Thank you for your expeditious attention to this request. Sincerely, Owner /mv Enclosures (3) Newport Beach Office: 503 E. Edgewater, Balboa, California 92661 (714) 675-0550 Sacramento Office: 2625 Fair Oaks Blvd., Sacramento, California 95825 (916) 482-6602 i WE J; LOT, f'.11 ci "A W cLeiii1cidi REAL ESTATE DEVELOPMENT April 9, 1984 City of Newport Beach Marine Department 3300 Newport Boulevard Newport Beach, CA 92660 Gentlemen: I have personally inspected the existing reinforced concrete pile located at Newport Landing (formerly Art's Landing), 503 E. Edgewater Avenue, Balboa, California, and find them to be sound and in good structural condition. The.inspection was conducted from the top to 12 inches below the mud line. It is our desire to improve the cosmetic appearance of the existing pile by sheathing over the exterior with white poly vinyl chloride pipe of approximately .500 wall thickness. Thank you for your consideration in this matter. Respectively, s Ken Nelson /mv Newport Beach Office: 503 E. Edgewater, Balboa, California 92661 (714) 675-0550 Sacramento Office: 2625 Fair Oaks Blvd., Sacramento, California 95825 (916) 482-6602 F„ a.oikii`ze,a .w.C':t7± iiENT.:�� CITY 0 F n,e.AI 0 9 T S,EA.Ci-1,;C ^1,;F. Plans approve6 I ur on are sub CL dO'4�+>: t ro�� the Buud�n Rt sns of ' sr} 3 F n. .rlg 3r do /oix„ G S,C,y; 'a. 7Y ha lJJ2 t s ,OCr:G,n- sft"U mre.,,,36 red c cnt or a YhOIt_32iJ t fcr Ir,e,:on- SIruGtloo of any s In Vlo ,or Cont Vei?'ii e rduan of c r -u tr t } O 4 :�f'Gr 1 ^., rGr cor,'3t u Ion a-iy s 'Uctura for 1Y'1 1 rl d i� F Zf :• �y Jesn :SSt]P _r.ions t r,m n ti p n n_,' Iti �1 utfiling ;,pp'e,ncraal I)'.. O Y',. "p F t F�i' 9EPL� �d Yliil P" 3,MIT NO 5-0.3 -.D DREDGING APPLICATION 'Project Location:` Edgewater Cubic Yards to be Dredged: 100 method of Dredging: A�rirA„l i n inn Nature of Dredged Material: __Sand/aiTt Disposition of Dredged Material.: Pipa,lina trAna:,2prt to beach reclaimation ArAA_ Method of Material "Disposition Pireline trans -port Turbidity Control Method: "4e 1 f -_- �1 dredging on contiguous bulkheading and beaches Reinforce/protect bulkhead -restore sand to depleted beach =, Mark Sites hereby state that I have read the U. S. -rtv (print name) - Cor=s of Engineers hermit for maintenance dredgi g iI�i iv'eWpCrt :arbor 1_1e City of die ioort Beach and. Orange County Harbors, Beaches and Parks District (if applicable) permit for maintenance dredging and that I accent ail,ttie provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the aff-eted Zone. Howard Properties (Applicant -type name) 3/20/84- ( Date) 0 Contractor -type name) r Signed: Contractor's Representative Ct no- oo- Arm,=aec dkwsw f TF— rn�ri< a 't 'Sty cr yV O �,� _ .0 .o.g V SKETCH "'''r iCt M J T"Y cAf. �� fP R 0 FILE l "-IU' NiWIORT t3RY CALli'ORt�i/q. Y I t. JLf/f"' Sovndj»95 cam trpiesscd r► fast and d00O,(e, OWP ih S b e/gw- iNeon Lorvsr G ow, Wofdr.. r974047e- of`- iiCC opPr JC/,' oJ(s/y /d' fQef HarlGav lfiYCS Ore esiob(rsAcd iq 7 f*;S.. sec><rorr='of'New�orr�'Bv): til 30' 3030' Ito - w i►- Rv` A Ae u DREtDG� � t Safe. �! Ii �t di t tt 1i 1� ft [1 tl_ t D ►lint_ j[r lr 11Ll t 1� 8a boa s 42PL paimp&riklk Q 107 aeax, 3 > 7-RACr lw Mcew.� � CITY OF NEWF-d.RT BEACH HARBOR PERARIT PERMISSION IS HEREBY GRANTED TO ,-AAIMTAJN THE FACiLiTY SHOWN 0"THL REVLL�Sc HEREOr, AT THE SITE INDICATED, SUVJr--"( TO TH'-- FROViSIONS 00' THE HARBOR PERMIT P°DL!C:ZS OF NV-,VP0RT BEACH, AN - ANY SPECIAL COND.MCKS L.",TTO irl—RCON. THIS PERMe IS NOT TRANS ERA WfTiHQVV--L;117,-N CONSENT o- THE CITY HARBOR COOS'D:NAT= ',,l !-aTy COUNCiL. Th E PERMISSIVE O%L'� RIGHTS GWEN UNDER T.10S FEN1eR .T ,A AND THIS PERMiT MAY BE REVOKED BY THE CITY COUNCK IN ACCORDANCE WITH TITLE 17 OF THE MUNICtPAL CODE. CITY/M 7-5 SPECIAL CONDITIONS: Corps Of Engineers Permit orzngs C4-unty Permit Omer 3— -7 PERMIT ISSUED SUBJECT TO DREDGE MAMIERIAL BEING HAULED T 0 SEA ziilgi-tt & Wright Ins. Agents & 881 Dover Dr., suite #14 Nzewr>ort Beach, CA 92663 Mark H. Howard & Cheryl A. Howard 507 E. Edgewater Balboa, CA 92662 ANTES AFFORDING COVERAGES N1 li'A N Y AlPiremans find 0 (e()MPA N Y COMPANY C t fI I IF I 7 I: �OMPAN � I r I I f P D COMPANY LETTER fy at coh,!es of Insuran,.e 11ttcj th(,. Insured named above and are in force at this time. Notwithstanding any requirement, term or condition t�ac� . or document with respff� t 10 'e"'Ich 1 "1", Say be Issued or may pertain, the insurance afforded by the policies described herein is subject to all the ony 0', s and co rid', t, a In s_ of such pCie, Limits of Liability in Thousands (000) F POL ICY f XPIPAT I,ON DATE �ACH CIF4GATE OCCURPENCE GENERAL LIABILITY ILY $AG BODI A !MXX 61704165 ll/l/84 PROPERTY DAMAGE BODIt Y INJURY AND El cNT I2At PROPHOY DAIMA,I 500 001) 1 50011FF10 1 COMR,N(D L 'A M F —j 1, %'If IN' A PERSONAL N11UP', $ AUTOMOBILE LIAD"I'LITY EXCESS LIABILITY A and EMPLOYERS' LlAoUTY OTHER 'VIC 80001646 qorkers ccapemmU00 ip�1111114 PlIl ( ,PF P;,' ONS1 0( A '10N ; Vf WC1 ES 1101111 YN $ EA '211"N", ( , III "l BODILY INJURY (EACH At C)DUN-) -- PROPERTY BODILY INJURY AND PROPERTY DAMAGE BODII Y IN I URY ANO PROPERTY DAMAGE COMBINED STA: fil ();ijjjje 21618AC- � Cancellation: Should any of the '&,ove de,crit)od policies he cancelled before the expiration date thereof, the issuing com- pany well endeavor to mail -SO— days written notice to the below named certificate holder, but failure to mad stj( h notice shall impost, no obligation or liability of any kind upon the company. N.—,'E AND A' r�I�F OF 'f P1 if IC A` E HOL [If I, City of Newport Beach 3300 Newport Blvd. ,Newport Beach, CA 9262 �t�Rl�� REPRESENTATIVE ,� , ", I ,, (. 7 1 State of California, -,-George Deukmejian, Governor Page 1 of 2 California Coastal Commission SOUTH COAST DISTRICT Date: • January .24, 1984 - 245 west Broadway, Suite 380 Permit Application. No. 5-8'3-987 P.O.. Box 1450 Long Beach., California 90801-i450 ` (2139c-507i ADMINISTRATIVE PERMIT APPLICANT: Ma r k' H'owa r d PROJECT DESCRIPTION: Rebu i l d and mod'i fy existing 'ommercia]L boat dock. PROJECT LOCATION: 503 :E. Edgewater Drive-, Newpo.:rt Beach, Cal ifornia EXEC►_TIVE DIRECTORS OErERMINATION: Purstra-rrt -to, PRC Section 30624_, the Executive Di rector hereby determines that the proposed development, subject.to Standard,and;Special Conditions as attached, is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976, will not prejudice the abz"1,ity, of .flee ;3,oca1 government to .prepare a L®ca1..Ceastal. Program that is in"conformity °w�rrth the provisions of Chapter 3, and will not have any significant impacts -on the.Lenv.aronment within the meaning of the Cal- ifornia Environmental Quality. Act. `Any development located between the near- est public road and the sea is in conformity with the public access and public recreation policies of Chapter 3. Additional reasons for this determination, and for any special -conditions, may be discussed on the reverse (:Page 2). NOTE: The Commission's Regulations provide that this permit shall be reported .to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, a permit will not be issued for this permit application. Instead, the application. will be removed from the admin- istrative calendar and set for public hearing at°a subsequent Commission meet ting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following �imc and place: Time: 10:00 AM Place: Board of Supervisor's Chambers Wednesday, Feb. 8, 1984 105 East Anapamu Street Santa Barbara, CA IMPORTANT Before ou ma roceed with devel development Dthe foil owi n 1 must occur: For this permit to become effective you must sign Page 2 of the enclosed duplicate acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Com- mission's meeting, and once we have received the signed acknowledgment and .evidence ofcompliance with all special conditions, we will send you an authorization to proceed with development. MICHAEL L. FISCHER Executiv irector by; STATE OF CALIFORNIA—STATE LANDS COA< SION GEOF�65E ZEUKMEJIAN, Governor STATE LANDS COMMISSION - 1807 13TH?Sf R E ET SACRAMENTO, CALIFORNIA 95814 December 7, 1983 ��y-� —r 0) --1,/J O File Ref.: SD 83-11-29' ` Mr. Ken Nelson oa�e®e�Gr Gillis and Derby, Inc. 2806 La Fayette Ave. o` Newport Beach, CA 926631 0 4� N Dear Mr. Nelson: Subject: Proposed Docking Facility 503 Edgewater, Newport Beach, CA The staff of the State Lands Commission has received your letter dated November 16, 1983 and copies of the permit drawing relative to the proposed construction of your client's docking facility in Newport Bay. This is to advise that the tide and submerged lands over which the proposed project will extend are sovereign lands of the State of California that the Legislature granted in trust to the City of Newport Beach. Therefore, you need not apply to the State Lannds Commission for project authorization. You should, however, apply to the City of Newport Beach for any necessary permits or approvals. You should also apply to all other agencies having approval authority. This action does not constitute, nor shall it be construed as, a waiver of any right, title, or interest by the State of California in any lands under its jurisdiction. Very truly yours, JUDY LUDLOW Granted Lands Representative (916) 445-7134 JL:bk cc: California Coastal Commission' South Coast District 245 West Broadway, Suite 380 Long Beach, CA 90802 WR-bobert L. Wynn, City Manager City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92660 bcc: G 09-02 PECU CITY OF NEWPORT BEACH AGENDA ITEM NO. F16 Marine Department November 14, 1983 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 112-503 BY MARK HOWARD TO REBUILD THE COMMERCIAL DOCKS BAYWARD OF 503 EDGEWATER Recommendation: If desired, approve the application subject to the following conditions; 1.'That the applicant obtain the necessary permits from the Army Corps of -Engineers, the Coastal Commission, the State Lands Commission and the Regional Water Quality Control Board. 2. That before any electrical or plumbing work is begun., permits be secured from the City Building Department. 3. That prior to the issuing of the Harbor Permit, the Fire Department approve the fire prevention system on the docks and the installation and method of operation of the proposed fuel dock. Discussion: This permit application is before the City Council as required by the Harbor Permit Policies, Section 5.C.3. which states: 5.C.3. "Prior approval of the City Council will also be required before issuing a permit for shore -connected structures when the abutting upland property is zoned commercial". The commercial docks bayward of 503 Edgewater are in serious need of repair. The new property owner proposes to rebuild them totally with only a minor change in the dock configuration and access. The facility will be used for vessel storage and a gas dock. The method of installation and operation of the fuel dock will be subject to the recommendations and approval` of the City Fire Department.` David Harshbarger, Marine Director Tony Mel dim, tidelands Administrator TM:db Ica ADO�PESS ��,vr,e,4croR DA STATUS SHEET HARBOR PERMITS LOCATION XZ� PERMIT NO. APPLICANT NAME ­ CONTRACTOR— d-7 Date Rec'v- Fee Amt. Date Reviewed by Marine Dept. It - Approved_ V" Denied Corection Required - Description City Council: Approved V Denied Remarks DATE MATERIAL SENT/APPROVED C.O. E. SCRZCC SA R� C B I . Application 2. Consent Ltr. 3. "Waste" Ltr. 4. Drawings 5. Staff Report 6. 7. 8. REMARKS lkv Y3 Revision V/— Dredging Fee Processed V/ J.H.C. OR. CTY. T.I.C. DATE FINAL INSPECTION LATE 4/12/8'3,. - ._ ...TIME ,.1�: 15:.. TON Y FOR TELEPHONED PLEASE CALL RETURNED YOUR CALL WILL CALLAGAIN CAME IN TO SEE .YOU - URGENT The'.'Channel MESSAGE Island'' boat at Art's �- ..._. Landing is hanging over the dock and d _ h ockinq I ewis;1—��'1F.� 1@-Gan 1- + et ,�g—�,'1 _ or o.ut!".This has been -going .on for three years or so' and P.M.i`c.k and -_ tired , of .i t, - and :Gron"s.ky. just laughs at me...Il . . . if he "wou1 d ' ust move' his oa ac one, c leat, everyth-ing, would be fine...II BY (over) C r IVs-41P oe,- cl-I ? 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PL / c Q.v 7 s �A A E o r BG �, 7-RAcT CITY OF NEWPORT 77'77 19 HIARBO'a PERMill PERMISSION IS HEEFUZZY Gr-Ar4,Tn,D TO 0ON'Sl"RUCT AW, 4S'.,E HEREG" MAINTAIN THE i*�v SIGNS AT THE SITE Ul-!2C!:C,,",4,.7 E,, c III, THE HARBOR F�EACH At A;.k4 Y S r- E VA L Is NOT THE C�Ty RIGHTS Ahll) THIS IN ACCOFRDAINl��Zlz IVVTlr-, Z'IUNIC�'PAL CODE. A/Z T P Ev P. Rui ITA 4UTPgq�oqzwo ;3-" CITY COUNCIL CoNsrViDucrin ox P-v DATE .... SEE ATTACVE' D SHUT SPECIAL CONDITIO14S: C,OrPs Of Engineers permit 0"AN-130. County Permit 001 er NOTES 1. REPLACEMENT OF PIPING TO CONFORM TO NFPA 30A CHAPTER 3 PARAGRAPHS 1 THRU 5. TESTING TO CONFORM TO NFPA 30 REQUIREMENTS. 2. ALL PIPING MATERIALS TO CONFORM TO LOCAL CODES. REPLACEMENT PIPING TO BE SCH. 40 BLACK STEEL PIPE WITH SCOTCHCOTE 206N COATING APPLIED BY FLETCHER COATINGS OF ORANGE, CA. ALL FITTINGS AND JOINTS TO BE FIELD WRAPPED WITH POLYKEN ADHESIVE AND 10 MIL TAPE DOUBLE TRAPPED. 3. ALL BALL VALVES TO BE LP -GAS UL LISTED APPOLLO VALVES. UL LISTING- GUIDE YRBX 4. ALL FLEXIBLE METAL CONNECTORS ARE TELEFLEX FLEXIBLE CONNECTORS UL LISTED 180. 5. FLEXIBLE HOSE LINES FROM SHORE TO DOCK CONNECTION SHALL BE DAYCO SUPER -SAFE AIRCRAFT REFUELING HOSE SERIES 7266 HOSES MEET NFPA 407 REQUIREMENTS. 6. ALL BRACKETS AND FASTNERS UNDER DOCK TO BE IN FIBERGLASS AND STAINLESS CONSTRUCTION TO INHIBIT CORROSION. NOTE*** THERE IS NO ALTERATION OF EXISTING DISPENSING SYSTEM THIS PLAN ONLY COVERS REPLACEMENT OF DEFECTIVE PIPING IN EXISTING SYSTEM. x DEVELOPMENT POLICIES AND LAND USE PLAN CERTIFIED BY THE CALIFORNIA COASTAL COMMISSION May 19, 1982 REPRINTED JUNE, 1987 INCORPORATING CERTIFIED AMENDMENTS THRU APRIL 24, 1987 (except Amendment No. 1) LOCAL COASTAL PROGRAM CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH, CA 92663-3884 Analysis. The City provides extensive recreation and visitor -serving facilities.- As discussed above and described in detail in subsequent sections of this report, the community provides a full range of natural, public, and private facilities serving all economic groups within the State. The Land Use Plan contains policies and land use designations designed to maintain and.expand the extraordinary mixture of facilities which have evolved " over the years. These will further enhance the desirability of Newport Beach as a coastal community. Water and Marine Resources. Policies. Sections 30230, 30231, and 30236 require the preservation, enhancement, and restoration of water and marine resources, including coastal waters, streams, and wetlands. Analysis. Newport Bay and the Pacific Ocean are integral and vital ' parts of Newport Beach. Protection gof the water resources- within the >° community is a top priority. Policies contained in the LCP call for the --continued protection of these-f"resources and ,require intergoyernmental -cooperation to restore and enhance the Upper Newport Bay Ecological Reserve. Diking, Dredging, Filling, and "Shoreline Structures. Policies. Sections 30233 and 30235 establish conditions under which diking, dredging, filling, ,and the construction of shoreline structures -may occur. y- Analysis. Several different government agencies have authority over dredging and construction in Newport Harbor. These include the City, County, Army Corps of Engineers, Environmental Protection Agency, Water Resources Board, and Coastal Commission. The City of Newport Beach has adopted policies for issuing harbor permits for dredging and construction. A major function of the City's Marine Department is to administer those regulations and assist in providing intergovernmental coordination. The Local Coastal Plan contains policies to ensure continued careful control of such projects. Coamtiercial- Fishing. -and ---Retreat -onal: Boafa`ng. Policies. Sections 30224, 30234, and 30255 a " Irttcreased rea�'?zx���2°"�boati'ng', requ'iro the presern�tion f�oating--facifi`tT 'and .give prdcedence -to -coastal-depenaerf deveropmen . Analysis. Newport Bay is the largest small boat harbor in the United States. Boating facilities, including marinas, docks, slips, moorings, fuel docks, repair and maintenance facilities, and supply businesses, are located throughout the harbor. These are owned and operated by the County of Orange, the City of Newport Beach, and private individuals. The Land Use Plan provides for continued operation of extensive boating and support facilities. Policies. _ 1. Coaster -dependent "� ' developments , shall have � r % priority -over, other developments -on or near -the shoreline. Coastal' -dependent uses shall be de,fjM6d"as those -uses which require a site on or adjacent to the sea to be --able =to function at all-. 2. Comm � and industrially zo �a=reaait-"T' "the ... Coastal Zone 'sh&MP'�be designated=-forta�coa"stal-dependent, coastal -related, and visitor -serving -..� ,,,.� - -� ' '.sus+,.., w - r -tw., . ..�„.�. uses" aa� "priori"ty uses. Coast'aY=re`�dted ��e�e�opmen�'"neai�s-=any use "that is d pendent_ - on a--coastal-dependent development -or :uses=. 3. Fa4 _.,hxFs` serve ' `commercial ''fishing shall be , ­encouraged: ' and mainta cl r1 �s ire'`demand for the facilities no longersexists. 4. In view of the City's attraction as a regional and statewide recreation area, the growing regional and statewide demand for water -oriented recreational facilities, and the limited capacity .of the City's harbor and ocean front resources to fully satisfy such demands, the City shall encourage the opening and development of adjoining,oe"ean and waterfront areas outside Newport Bay, so long as any adverse environmental impacts are mitigated, in -a manner which may best serve to distribute the increasing public need for water -oriented recreational facilities. 5. Tk ` y' "s"hkfl protect• and`-miiht&±h the necsessary.: upport"w acrl tie :>;an i services- der urine recreational and �catiznnai aetiviti s, ill n9 marine ways and services, launching facilities, gas and pump -out stations, ��c raciliftes, restrooms, showers, concessions," and educational facilities such as the Sea Scout Base and Intercollegiate Rowing Facilities. 6 The City shall protect and enhance public visual access to the waterfront. New development (including landscaping), public or private, ME shall be sited and designed to protect public views of ocean and other coastal scenic areas. 7. The City shall designate a site for the eventual provision of additional boat pump -out facilities. 8. The City shall restore electrical service and provide potable water to the Rhine Channel sea wall for use by commercial fishing vessels. 9. The City shall allow dinghy launching at all safe street ends and beaches in lower Newport Bay. For purposes of this policy, a dinghy shall be defined as a single -hull craft with a maximum length of 12'6" and a maximum beam of 5'. 35 be used for street purposes. Additionally, at the time the Planning Commis- sion and/or City Council review a Planned Community development plan, tenta- tive map, and/or environmental documentation for a particular project,'consid- eration shall be given to deleting certain sensitive areas from the calcu- lation of the total number of residential units or square footage of commer- cial development to be allowed on a site as follows: Floodplain areas "Location of Structures" - In the discretionary review of projects, no structures shall be built in the following sensitive areas. The Planning Commission and/or City Council will determine whether the site in question falls within any of these areas, using information documented in the EIR. The mapping by the Department of Fish and Game will be used as a basis in the environmental studies. 1. Environmentally sensitive habitat areas 2. Coastal Bluffs 3. Blufftop setback areas ` 4. Riparian ar!�s 5. Geologic hazard areas 6. Residential development areas impacted by noise levels of 65 CNEL or greater. 7. Floodplain areas 8. Natural slope areas greater than 2:1 and greater than 25 feet high COMMERCIAL Areas designated commercial are to be used predominantly for conduct- ing private business ventures. Recreational and Marine Commercial. It— tlW�lh s desi;.-tocCeite--s:ort.r stes '-gsdevlbpinent aPl�o+aa-uding>>:tes „on „ar :neae ° may. It is further the intent of this designation to encourage a continuation of ma- rine -oriented uses, maintain the marine theme and character,_ mule and encourage physical and access to the bay on waterfront commercial and industrial building sites on or near the bay. Uses permitted are as follows: -- -- I. Permitted uses: r , not requiring a use permit. A. Incentive uses: uses that, when they occupy at least 40% of a site, may be combined with uses under II.C. 1. Boat haul -out facilities 2. — ray sYiing facilities 3. Spft', 1 h atabl� sY are t .=t d .fi`sh rig `drsoks 4. Marinas 5. Marine construction 6. Boat rentals and charters 37 7. Retail marine sales 8. Marine service businesses 9. Dry boat storage B. Other permitted uses: 1. Marine -related offices where services are offered to the general public. II. Uses which require a Use Permit: A. Incentive uses: uses that, when they occupy at least 40% of a site, may be combined with uses under II.C. 1. Manufacturing of marine uses 2. New boat construction 3. Marine service stations and gas docks 4. Yacht clubs B. Other uses: 1. Social clubs $"4 2. Commercial recreation 3. Drive-in facilities 4. Hotels and Motels 5. Restaurants C. Uses which must be in conjunction with an incentive use occupying at least 40% of the site. 1. General retail and service commercial uses 2. Professional and business offices 3. Light manufacturing T ... __qn standards for density, height and _' . . s to 9 _ d �,' + iP. "s^.' Gi :ii ''"'r, zt' �"i . e' E' ' iT ''� laid r 5i `.7 "'"g-7-20 t .—.....-------- nakXq fe- cen ai=ziepdn upon review and approval of a Use Permit. Tht � c RO&MBUde: boat haul -out facilities, spare- ii-a 1 a stabliglftds, fishing docks, *Qtk1rias, marine construction, bo-AV rep marine service stations, and gas docks. Such standards shall be formulated to ensure no adverse impacts of such bonuses on public access, or public views. On non -waterfront lots, the requirement to provide incentive uses in conjunc- tion with certain specified uses shall not apply. Retail specialty shops shall be permitted. Residential uses shall be permitted on the second level or above where the ground floor is occupied by a permitted use, subject to review and approval of a Use Permit. Retail and Service Commercial. The primary uses in this designation are limited to retail sales, personal and professional services (e.g., banks, realtors, architects, lawyers, etc.) hotels and motels, restaurants, and commercial recreation; in order to assure contiguity of shopping and mutually supportive businesses. Office uses which do not provide services directly to 38 IN, fjz-Sa3 CITY OF � 4 ��` •A��r � B � 0 k E , CALIFORNIA e e ', 0 City Hall 3300 Newport uiva. (714)673 2110 November 2, 1978 Mr. Art Gronsky Art's Landing 503 E. Edgewater Balboa, CA Dear Art: Your letter of October.l0, 1978, regarding the use and berthing of sport fishing boats at.your fuel dock, has been reviewed by the Fire Chief and a representative of the Community Development Department. Subsequent to your letter, I met with the Fire Chief and Assistant Director of the Community Development Department and,in addition, the site was visited on two separate occasions by staff from both the Fire Department and Marine Department. The Fire Department advises that they would recommend against deviations from the Uniform Fire Code and Newport Beach Municipal Code dealing with marine fuel facilities. It was the feeling.that any deviation could com- promise life safety of sport fishing passengers should a fire occur at the bayward side of the fueling dock. Mr. Hewicker, Assistant Director of Community Development Department, advised that the four conditions of the Use Permit Number 1086 were approved by the City Planning Commission on November 19, 1964 and that the staff does not.have the authority to deviate from these conditions. For your information, the four conditions of Use Permit Number 1086 are: 1. "That recommendations from the Fire Department be compiled with". 2. "That Lot 9 be used for parking of cars only". 3. "That.the boat hoist be non-public". 4. "That.there be no fiberglassing or other hazardous repairing of boats." In conclusion, the Fire Department and Community Development Department would recommend that the sport fishing vessels not be tied to the face of the fueling dock. Secondly, that berthing for the sport fishing vessels and passenger loading of sport fishing vessels be done immediately Art Gronsky November 2, 1978. Page Two bayward of the floatparallel to the bulkhead and that berthing for.the second sport,fishing vessel.be, accomodated along the float perpendicular to.the bulkhead at the easterly property line. As I have discussed with you, the City Harbor Permit for the structure in the water is conditioned by Use Permit 1086 and that any deviations from this Use Permit would require an appeal to the City Planning Commission for review. If I can be of further assistance in this matter, please don't hesitate to call. Sincerely, David Harshbarger, Director Marine Department DH:lI cc: Leo Love, Fire Chief Jim Hewicker, Asst. Director, CDD AU7 ART q� N S P 0 R T F I S H I N G 503 E. EDGEWATER — BALBOA, CALIF. 6. 675-0550 (AREA CODE 714) ALL DAY BOAT HALF -DAY BOAT CHARTER BOATS TACKLE SALES & RENTALS LIVE BAIT COFFEE SHOP SKIFF RENTALS • JOHNSON MOTORS -- SALES & SERVICE PHILLIPS 66 MARINA . BRITISH DORYS -- SALES & SERVICE, 10-10-78 David Harshbarier Director, Marine Department City -Of Newport Beach., 70 Newport Pier,, Newport Beachp Calif. 92663 Dear Dave., A contooversy has come up concerning the use of my docks here at Art's Landing and in an effort to continue my business here, I would like to submit the following facts and suggestions. Roughly fifteen years ago, I was granted a use permit by the City of Newport Beach to operate my sport -fishing business from the fuel dock at this location. My lease on the location from that time on was made for twenty years. For the past fifteen years, I have tied my sportfishing boats to the front of the dock on the assumption that this was covered in my use permit. According to my best in- terpretation of my use permit, this is true. I realize that this is a departure from the normal use of fuel docks in general but it has proven to be of no hazzard at this location for these past fifteen years. As a matter of fact., we can boast of a perfect record from a fire safety stand -point. A number of months ago., the Harbor Department cited my two boats that were tied in their usual locations for violation of a fire ordinance. I appeared in court on these citations and the judge dismissed the case with the suggestion that we iron out our differ- ences at the city level. In an effort to do this, a meeting was held at the Harbor Department at which I agreed that we could mod- ify our use of the front dock to the mooring of only one boat at the west end of the dock., leaving the east end open and accessible to emergency equipment should the cause arrise. It was agreed that this would be acceptable if the city would re -affirm its position on this arrangement, I hope., with your help,, that this matter can be resolved without further action. After having been operating my sportfishing business here for the past thirty years and maintainink a good reputation during that period, it would seer. to me that this would not be too much to ask. Very respectfully yours., L Art',Gronsky ��.CITY OF NEWPORT BEACH 4eptember 27, 1974` Ur. Art Gronsky 503 Edgewater Newport Beach, California Dear Mr. Gr:on,sky CALIFORNIA City Hall 3300 W":. Newport Blvd, Area Code 714 673-2.110 Ref: #112-503 Or, March'l'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: Past Due Penalty: TOTAL FEE Sincerely, -Glen E. Welden Tidelands Operations Coordinator Marine Department GEW:if $13.00 1.30 $14.30 2- 17.36.010-17.36.040 HARBOR REGULATIONS Chapter 17.36 '— LIVE BAIT Sections: 17.36.010 Live Bait Receivers Defined. 17.36.020 Requirements for Live Bait Receivers. 17.36.030 Permit Required. 17.36.040 Nonconforming Bait Receivers. 17.36.050 Commercial Bait Boats. 17:36.060 Disposal of Bait. 17.36.070 Transfer of Live Bait. 17.36.080 Suspension or Revocation of Permits. 17.36.010 Live Bait Receivers Defined. A live bait receiver is an object for confining live bait which is afloat in the waters of Newport Harbor or the Pacific Ocean, either moored to a pier, bulkhead or sea wall, or moored by means of an anchor or other weight to the bottom of the harbor or ocean; provided, however, that a live bait receiver shall not be deemed to be a "structure within the meaning of Chapter 17.24. (Ord. 1090 (part), 1964: 1949 Code § 10503). 17.36.020 Requirements for Live Bait Receivers. All Hive bait receivers used within the waters of Newport Harbor shall be provided with screen trays in the bottom thereof so as to retain all dead bait within the receiver which can be raised to dispose of the dead bait. All live bait receivers within the City shall also have a screen or solid cover which fits closely unless the receiver is completely covered by a roof. (Ord. 1090 (part), 1964: 1949 Code § 10504). 17.36.030 Permit Required. No person shall install or operate within the waters of Newport Harbor or the Pacific Ocean any bait receiver without first obtaining a permit therefor from the City Council. No permit shall be issued until the design of the receiver is approved by the Marine Director. All applications for permits provided for herein shall be made to the Marine Director and accompanied by plans showing the design of the receiver and a fee of Twenty -Five Dollars ($25.00). (Ord. 1602 § 10, 1975: Ord. 1286 § 10, 1968: Ord. 1090 (part), 1964: 1949 Code § 10506). 17.36.040 Nonconforming Bait Receivers. Storage of live bait other than in a receiver conforming to the requirements hereof is prohibited. After three (3) days' writien notice to the owner of a nonconforming receiver, it may be removed by the City Manager and stored at the expense of the owner. (Ord. 1090 (part), 1964: 1949 Code § 10506). 7. Fishing regulations — See Chapter 11.20. (Newport Beach 9-80) 364-2 BUYERS NAME(S)'. _ ADDRESS OF FACILITY: PERMIT # ,CHECK MAILING ADDRESS y ` TELEPHONE NO FEE NO. DATE APPROVED BY:. DATE APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT OCHD' :ENG Y' 'i,: SELLEtNAM E(S) .; BUYERS' NAME(S)y - (ABOVE NAMES TO BE TYPED) COUNCIL �i PUBLYG WORKS ❑ SIGNATURE OF SELLER S[GNA7URE OF BUYER DEPT. - :,,"^ -' ESCROW ❑ SIGNATURE OF SELLER SIGNATURE OFr BUYER INSPECTION, Ismt El SIGNATURE OF'JO1Ni OWNER �'APPLICATIOM ' APPROVED (DATE) M �✓ CITY HARBOR COORDINATOR e SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE: CITY OF NEWPORT BEACH, CALIF. WX FORM 66-1013 Rev. ECALIFORNIA MR. ARTHUR E. GRONSKY 503 EDGEWATER AVENUE BALBOA, CALIFORNIA SUBJECT: HARBOR PERMIT No. A,-1330-R DEAR SIR:' PLEASE REPROVE ALL NON -CONFORMING STRUCTURES FRONT YOUR FLOATS SAY — WARD OF 503 EDGEWATER AVENUE BY 12:00 'NOON., ApR I L 7, 1969. FA I L- URE TO DO SO__W I LL RESULT I N A RECO I; Ir �DAT 1 0ij3 ,s�,-.I G TO I I E ,_.,., 4 _MA© 'A'1PUBLIC mz:AR I NG" BE: vv—, LIB TO {TY COUNC 1 L ON � 4 P a:(,,j� g 5r �,yTHAT DETERMINE WHETHER ANY PERMS T OR RIGHTS YOU OR ANYONE ELSE s"'RAY HAVE I'D MAINTAIN THE PIER AND FLOAT I N NES•1PORT BAY FRONTING ON LOTS 4' 51 AND 6 , EXCEPT I XE EASTERL`! Obr FC1'o OF LOT SLOCY. 3, �ALSOA BAYS 1 DE TRACT IN T HE C ITY OF NFWPO6RT SHOR 11_D BE. {2EVOE4--D � AND SAID PIER AND FLOAT AND APPURTE;NA:'; T,?UCTUIRES 0PDEREIa VERY TRULY YOURS v +�cNo1ETH L. PERRY As S I STANT CITY ENGINEER ;ALP: c�E CC: CITY CLERK t% CITY ATTOFNEY VICE MAYOR ELDER . TIDEWATER ASSOCIATED HFR ENTERPRISES IF' AFPROVEn N:17 EFFECTIVE UNTIL 15 LAYS AFTER DATE 1;SF PERMIT APPLICATION Ord, No. 53:: CITY OF NEWPORT BE �iCR —FILING_FEE L3!'.CO - NC 1086 P.a- F _ Noo_ 2, 1964 - INSTR.UCTICNS ; Read Car. ef'illy. ; he arpl.icant car his '.egal 1 eC.re.3e^.« _ "': a r: s� ` -•e pre se •, at all public hearings. Fill cut This application comols-eiv. T. t he :.._•-claca".:.ed by five copies of a plot plan to scale, and :.ith. c«rrect 3ir.e7sicc9; r_,,. ?etai?_ all boundaries, existing buildings, proposed alterations and ar.dit:ons. "he =cpli•^art must sign coneitions of. Use Permit:, if smy,-cithir. thirty dates after acprcial. Ap-,ii- cation shall be revoked if: not used tTi-hi.n eighteen months fr^rr cat.e ^e 3tc*---c17c'- 1Arthur F.. Gronsky 3019 3039 & 303 Edgewater & 304 E.—yi_nalboa.— 2, LOT 495,69& 9 BLOCK 3 SECTION --� TRACT Balboa Dayside Zi*rE G-1 November 19, 1964 T , : On „ r1 4 Application, r_'a hereby made- for -1. Use Permit from Seddon 9103.52(a) _t:_ per:.;;: —_ The conducting, of my present sportfishing business now located at VO Main it* at the proponed address indicated above. This business includes the following -t All day and half -day sportM.-,hing boats, charter boats, fishing skiff rentals, live bait sales, tackle store & ticket office, Glasspar boat dealership, Johnson Outboard sales and service, in addition to the present Associated `urine f•ock. -- --- --- — ------ ���- ,.--- - --- not A small coffee shop would be incorporated in the main buliding. .,�i c:.t i ;t There are sheets atta(.led ~o an,-`, Tr:?^@ a port of this dDp1lC77;'_CC. l?ere`1 ^e;''::t'I that. the �'ore;cing ;'CatemErts, aa.(� raroings, plans gnci S:?FC11fC C.i^r: Brt�.._h are true nrirl crrree`. if 2pnrf'•7C-:! this :!se Fetwit-,.,!A_ Ian`. V'er=ci; aFf�-.•r r�a�;�-.v resiaLng or o�-,ri(:tr.g in the neighborhood. I further consent '-o in reii-rood thereon baijr,.g `j�1111. ar:d void, in the event they .,re rot tr•is s-A c:r'rect r ,) \yf �' j �� �, 1: t 114 23tb St., Newport Beach 6734707 Signrc+�re of Cw",er'cr AFat _icsr-'' r --Hcmp Addtes= Phone X.KXX"K,W.vliXXXK,.TxwxKXXXXXX.XX.Y.}S.X.X-Klk"AX.r{X'XX.K?S"X..'.FXX.KXXXX•X'wNX YX-XX>.XX.}.`f.??.XXYYX.:Kr.` •y.C-XK `.-:.rX%XXX) X'X�d x:X X XxX.`C'X X'x X iC XXX.X7( X X?f X XX�?CX: {]� X?C X.fi.`d.X. K%Xat:1+, i�::X:�t7ti �{}iX?C�{XX'!ti}CXKr :ti."C X 1e:!::SC {:tt X �. X'K. •c.fi.t:XX � :�.Y.•yC'!l'7C `�:'(. k:K: � X X']tX? FOR DEPPARTMENTAL USE ONLY PLANN.INf: C 1. !'-zr- :0N ACTiOZ 9103.52(a) ; :,e above Inaccord with Section a Use Perms.. :.s hereby _ applicant sutiect to requirem..er.ts of all governmental agencies havirg iirisc:iL!i +r, and subject to the following: 1. That recommendation@ of the Fire Department be complied with. Lot 9 be used for parking ot cars only. —' 3. that the boat hoist be non-public. 4. That *-here be no fiberglassing and other hasar�o s repairing of boats. The undersier.ed hereby agrees +:!:; a11. the above =sedition:. ' 'le .. I - ( h. , Signature of C-xkr,'ee.' }�X7(X7{�C7CaXXK XXX7C7!3�XXXXX}C�(iC7lXSix'7�xYX.lCk k .ti ?�'k XX�Cn X'XKXKIXC YX'lXiKK7XCKXT KxPX•NsXi.l�C-XX*%X+�X�hXX7-KR_kX'.?XC.Y FINDINGS OF PIANNIFG COMMISSION,. Upon a review of the evidence on ts.ls and testimony pre- sented at the meeting Llie CoUnisrion found and dateriainad that, ";Id4: tho circumstances of the particular case, the granting of this tide parnit would not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working n the neighborhood and, therefore, recom vended approval, subject to the above conditions. — ?DENTED - APPROVED - By City Planning Qoc!mrission APPROVED _ by the City Council �r.4the on the 19 day of November _19 64. day of. __19 - — -Ray Y. copeiirr, becrerary Newport Beach City Planning Commission argery SchroudeF City Clerk�— Newport Beach.. California rr• ARTS andin • S P 0 R T F I S H I N G 503 E. EDGEWATER - BALBOA, CALIF. 67S-OSSO (AREA CODE 714) ALL DAY BOAT • HALF. DAY BOAT CHARTER BOATS TACKLE SALES & RENTALS • LIVE BAIT • COFFEE SHOP SKIFF RENTALS JOHNSON MOTORS •• SALES & SERVICE PHILLIPS 66 MARINA BRITISH OORYS •- SALES & SERVICE 1-z04-89 ri D r/, AIR 4 R R j R � -/ MZ-- �- Section 30220.'>-, Coastal areas suited for water -oriented recreational activities that 4 cannot readily be provided at inland water areas shall be protected for such uses. Section 30221. Oceanfront land suitable for recreational use shall be protected for recreational use and development unless present and forseeable future demand for public or commercial recreational activities that could be accomodated on the property is already adequately provided for in the area. (Amended by Ch. 380, Stats. 1978.) Section 30222. The use of private lands suitable for visitor -serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial development, but not over agriculture or coastal -dependent industry. Section 30222.5. Ocean front land that is suitable for coastal dependent aquaculture shall be protected for that use, and proposals for aquaculture facilities located on those sites shall be given: priority,.except over other coastal dependent developments or uses. (Added by Ch. 1486, Stats. 1982.) Section 30223.4 Upland areas necessary to support coastal recreational uses shall be - reserved for such uses, where feasible. Section 30224. X Increased recreational boating use of coastal waters shall be encouraged, in accordance with this division, by developing dry storage areas, increasing public launching facilities, providing additional berthing space in existing harbors, limiting non -water -dependent land uses that congest access corridors and preclude boating support facilities, providing harbors of refuge, and by providing for new boating facilities in natural harbors, new protected water areas, and in areas dredged from dry land. -39- environmental effects, Aspects that shall be coastal development permit for such purposes of year of placement, and sensitivity of the (Amended by Ch. 673, Stats. 1978.) (Amended by Ch. 43, Stats. 1982.) (Amended by Ch. 1167, Stats. 1982.) (Amended by Ch.. 454, Stats. 1983.) Section 30234. considered before issuing a are the method of placement, time placement area. Facilities serving the commercial fishing and recreational boating industries shall be -protected and, where feasible, upgraded. Existing commercial fishing and recreational boating harbor space shall not be reduced unless the demand for those facilities no longer exists or adequate substitute space has been provided. Proposed recreational boating facilities shall, where feasible, be designed and located in such a fashion as not to interfere with the needs of the commercial fishing industry. Section 30235. Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal -dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Existing marine structures causing water stagnation contributing to pollution problems and fish kills should be phased out or upgraded where feasible. Section 30236.- Channelizations, dams, or other substantial alterations of rivers and streams shall incorporate the best mitigation measures feasible, and be limited to (1) necessary water supply projects, (2) flood control projects where no other method for'protecting existing structures in the floodplain is feasible and where such protection is necessary for public safety or to protect existing development,•or (3) developments where the primary function is the improvement of fish and wildlife habitat. Section 30237. (a) This section shall apply only to the Bolsa China wetlands or a portion thereof in the County of Orange. The County of Orange or any landowner may petition the Department of Fish and Game, on or before October 1, 1983, to prepare a habitat conservation plan. Upon receipt of the petition, the Department of Fish and Game and the State Coastal Conservancy, in cooperation with the county and any landowner, shall jointly prepare a habitat conservation plan in order to carry out the following objectives: (1) To provide for the conservation of the habitat of fish and wildlife resources. -42- Section 30253. New development shall: (1) Minimize risks to life and property in areas of high geologic, flood, and fire hazard. (2) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. (3) Be consistent with requirements imposed by an air pollution control district or the State Air Resources Control Board as to each particular development. (4) Minimize energy consumption and vehicle miles traveled. (5) Where appropriate, protect special communities and neighborhoods which, because of their unique characteristics, are popular visitor destination points for recreational uses. Section 30254. New or expanded public works facilities shall be designed and limited to accommodate needs generated by development or uses permitted consistent with the provisions of this division; provided, however, that it is the intent of the Legislature that State Highway Route 1 in rural areas of the coastal zone remain a scenic two-lane road. Special districts shall not be formed or expanded except where assessment for, and provision of, the service would not induce new development inconsistent with this division. Where existing or planned public works facilities can accommodate only a limited amount of new development, services to coastal dependent land use, essential public services and basic industries vital to the economic health of the region, state, or nation, public recreation, commercial recreation, and visitor -serving land uses shall not be precluded by other development. Section 30254.5. Notwithstanding any other provision of law, the commission may not impose any term or condition'on the development of any sewage treatment plant which is applicable to any future development that the commission finds can be accommodated by that plan consistent with this division. Nothing in this section modifies the provisions and requirements of Sections 30254 and 30412. (Added by Ch. 978, Stats. 1984.) Section 30255. Coastal -dependent developments shall have priority over other developments on:,or near the shoreline. Except as provided elsewhere in this division, coastal -dependent developments shall not be sited in a wetland. When appropriate, coastal -related developments should be accommodated within reasonable proximity to the coastal -dependent uses they support. (Amended by Ch. 1090, Stats. 1979.) -47- DEVELOPMENT POLICIES AND LAND USE PLAN CERTIFIED BY THE CALIFORNIA COASTAL COMMISSION May 19, 1982 REPRINTED JUNE, 1987 INCORPORATING CERTIFIED AMENDMENTS THRU APRIL 24, 1987 (except Amendment No. 1) LOCAL COASTAL PROGRAM CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH, CA 92663-3884 Analysis. The City provides extensive recreation and visitor -serving facilities. As discussed above and described in detail in subsequent sections of this report, the community provides a full range of natural, public, and private facilities serving all economic groups within the State. The Land Use Plan contains policies and land use designations designed to maintain and.expand the extraordinary mixture of facilities which have evolved over the years. These will further enhance the desirability of Newport Beach as a coastal community. Water and Marine Resources. Policies. Sections 30230, 30231, and 30236 require the preservation, enhancement, and restoration of water and marine resources, including coastal waters, streams, and wetlands. Analysis. Newport Bay and the Pacific Ocean are integral and vital parts of Newport Beach. Protection of the water resources within the community is a top priority. Policies contained in the LCP call for the continued protection of these resources and require intergovernmental cooperation to restore and enhance the Upper Newport Bay Ecological Reserve. Diking, Dredging, Filling, and Shoreline Structures. Policies. Sections 30233 and 30235 establish conditions under which diking, dredging, filling, and the construction of shoreline structures may occur. Analysis. Several different government agencies have authority over dredging and construction in Newport Harbor. These include the City, County, Army Corps of Engineers, Environmental Protection Agency, Water Resources Board, and Coastal Commission. The City of Newport Beach has adopted policies for issuing harbor permits for dredging and construction. A major function of the City's Marine Department is to administer those regulations and assist in providing intergovernmental coordination. The Local Coastal Plan contains policies to ensure continued careful control of such projects. Commercial Fishing and Recreational Boating. Policies. Sections 30224, 30234, and 30255 encourage increased recreational boating, require the preservation of boating facilities, and give precedence to coastal -dependent development. Analysis. Newport Bay is the largest small boat harbor in the United States. Boating facilities, including marinas, docks, slips, moorings, fuel docks, repair and maintenance facilities, and supply businesses, are located throughout the harbor. These are owned and operated by the County of Orange, the City of Newport Beach, and private individuals. The Land Use Plan provides for continued operation of extensive boating and support facilities. 4 Policies. 1. Coastal -dependent developments shall have priority over other developments on or near the shoreline. Coastal -dependent uses shall be defined as those uses which require a site on or adjacent to the sea to be able to function at all. 2. Commercially and industrially zoned areas in the Coastal Zone shall be designated for coastal -dependent, coastal -related, and visitor -serving uses as priority uses. Coastal -related development means any use that is dependent on a coastal -dependent development or use. 3. Facilities which serve commercial fishing shall be encouraged and maintained unless the demand for the facilities no longer exists. 4. In view of the City's attraction as a regional and statewide recreation area, the growing regional and statewide demand for water -oriented recreational facilities, and the limited capacity of the City's harbor and ocean front resources to fully satisfy such demands, the City shall encourage the opening and development of adjoining ocean and waterfront areas outside Newport Bay, so long as any adverse environmental impacts are mitigated, in a manner which may best serve to distribute the increasing public need for water -oriented recreational facilities. 5. The City shall protect and maintain the necessary support facilities and services for marine recreational, and educational. activities, including marine ways and services, launching facilities, gas and pump -out stations, parking facilities, restrooms, showers, concessions, and educational facilities such as the Sea Scout Base and Intercollegiate Rowing Facilities. 6. The City shall protect and enhance public visual access to the It waterfront. New development (including landscaping), public or private, shall be sited and designed to protect public views of ocean and other coastal scenic areas. IN7. The City shall designate a site for the eventual provision of additional boat pump -out facilities. 8. The City shall restore electrical service and provide potable water to the Rhine Channel sea wall for use by commercial fishing vessels. 9. The City shall allow dinghy launching at all beaches in lower Newport Bay. For purposes of shall be defined as a single -hull craft with a and a maximum beam of 5'. safe street ends and this policy, a dinghy maximum length of 12'6" y35 be used for street purposes. Additionally, at the time the Planning Commis- sion and/or City Council review a Planned Community development plan, tenta- tive map, and/or environmental documentation for a particular project, consid- eration shall be given to deleting certain sensitive areas from the calcu- lation of the total number of residential units or square footage of commer- cial development to be allowed on a site as follows: Floodplain areas "Location of Structures" - In the discretionary review of projects, no structures shall be built in the following sensitive areas. The Planning Commission and/or City Council will determine whether the site in question falls within any of these areas, using information documented in the EIR. The mapping by the Department of Fish and Game will be used as a basis in the environmental studies. 1. Environmentally sensitive habitat areas 2. Coastal Bluffs 3. Blufftop setback areas 4. Riparian areas 5. Geologic hazard areas 6. Residential development areas impacted by noise levels of 65 CNEL or greater. 7. Floodplain areas 8. Natural slope areas greater than 2:1 and greater than 25 feet high rnMMF.PrTAT. Areas designated commercial are to be used predominantly for conduct- ing private business ventures. Recreational and Marine Commercial. It is the intent of this designation to delineate a priority system to guide development approvals on building sites on or near the bay. It is further the intent of this designation to encourage a continuation of ma- rine -oriented uses, maintain the marine theme and character, encourage mutually supportive businesses, and encourage physical and visual access to the bay on waterfront commercial and industrial building sites on or near the bay. Uses permitted are as follows: I. Permitted uses: highest priority uses, not requiring a use permit. A. Incentive uses: uses that, when they occupy at least 40% of a site, may be combined with uses under II.C. 1. Boat haul -out facilities 2. Commercial fishing facilities 3. Sport fishing establishments and fishing docks 4. Marinas 5. Marine construction 6. Boat rentals and charters 37 7. Retail marine sales 8. Marine service businesses 9. Dry boat storage B. Other permitted uses: 1. Marine -related offices where services are offered to the general public. II. Uses which require a Use Permit: A. Incentive uses: uses that, when they occupy at least 40% of a site, may be combined with uses under II.C. 1. Manufacturing of marine uses 2. New boat construction 3. Marine service stations and gas docks 4. Yacht clubs B. Other uses: 1. Social clubs 2. Commercial recreation 3. Drive-in facilities 4. Hotels and Motels 5. Restaurants C. Uses which must be in conjunction with an incentive use occupying at least 40% of the site. 1. General retail and service commercial uses 2. Professional and business offices 3. Light manufacturing The City shall design standards for density, height and parking incentives to developments utilizing a mixed -use concept that includes provision or mainte- nance of an incentive use which is coastal -dependent in nature upon review and approval of a Use Permit. These coastal -dependent uses include: boat haul -out facilities, sport fishing establishments, fishing docks, marinas, marine construction, boat rentals and charters, marine service stations, and gas docks. Such standards shall be formulated to ensure no adverse impacts of such bonuses on public access, or public views. On non -waterfront lots, the requirement to provide incentive uses in conjunc- tion with certain specified uses shall not apply. Retail specialty shops shall be permitted. Residential uses shall be permitted on the second level or above where the ground floor is occupied by a permitted use, subject to review and approval of a Use Permit. Retail and Service Commercial. The primary uses in this designation are limited to retail sales, personal and professional services (e.g., banks, realtors, architects, lawyers, etc.) hotels and motels, restaurants, and commercial recreation, in order to assure contiguity of shopping and mutually supportive businesses. Office uses which do not provide services directly to 38 EXHIBIT "A" LEASE AGREEMENT The Agreement is entered into this 49VZ day of 1985, by and between Balboa Landing (hereinafter referred to as Lessor) and Mark and Cheryl Howard (Newport Landing) (hereinafter referred to as Lessee). Recitals A. Lessor owns, operates and maintains a parking facility providing parking space to Mark and Cheryl Howard (Newport Landing), a restaurant and commercial fishing facility, located at 503 E. Edgewater Place, Balboa, California. B. Lessee desires to lease seventy-three (73) parking spaces on the property described as: Lots 7, 8, 10, 11, 12 and the Easterly 1.00 foot of Lot 9 in Block 3 of the Balboa Bayside Tract, and Lots 22 and 23, Block A of the Bayside Tract. The Lessee owns_ the Westerly 29 feet of Lot 9 of Block 3 of the Balboa Bayside Tract and is not part of the Lease Agreement, but is a portion of yea for the restaurant use. Z 75 NOW, THEREFORE, IT IS Term. .�..ccLessor commencina✓llrt//�oiVi� Rate. Lessee s ($1,000.00) per month f reby grants to Lessee a lease for life of project 1985. all pay Lessor the amount of One Thousand Dollars parking as described above. Conditions. Lessee shall have sole and exclusive rights to the parking spaces on a 24 hour basis. Lessee shall provide a sufficient number of parking attendants during business hours to ensure that the parking spaces are utilized for the purposes intended. Insurance. Provided by Lessee. Recording. It is agreed this Agreement will be recorded at such time as the City approves and records the Off -Site Parking Agreement. PA R ( TNERSHIP) STATE OF CALIFORNIA pp COUNTY SS. On before me, the undersigned, ajy�N,�o�ta^rrY. —P��u,bf/i� IIln and�fgr said County and State, personally appeared[ �/� to be 0 V G of the IG executed the within instrument, and partnership executed the same. WITNESS ray hand and official seal_ Signature FORM QQ rho � Name (Typed or P 4enb N Cr '"_� known to me FOR NOTARY SEAL OR STAMP of the partnership that ledged to me that such �IlnnuulNlminppUlllUUUunuuunnuuuull�l,,,,� € : ,m„Iminmatt:mm�nmm�munwunm 1= 1ST" o• �� OFFICIAL SEA[" MICHAEL D. FRANKLIN NOTARY PUBLIC �:\tS •';I;.�v'7,� • CALIFORNIA PRINCIPAL OFFICE IN a ORANGE COUNTY 1kaw wu My Commission Expires Dec. 21,1988 ���IIIIWIMIIIYIIWIIIWWIpyp�{�ItlyIyIL�w4t111WIlltllluull�nl d) STATE OF CALIFORNIA COUNTY OF fJ /��� �— �SS. On this day of in the year before me, the undersigned, a Notary Public yy. Q 110 sr County and State, p �Sottblly appeared personally k/lown to mc(or proved tome on the basis ofsatisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. l Signature of ' Public in and for said County and State FOR NOTARY SEAL OR STAMP IIIIIIIIIIlIIIIIIIIIIIUIIIIIIIIIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIIIUnllllllllll ulliin+, � II tnl +��'�••+ � � m �Ini. nnnwuli o. 1 �f.. OFFICIAL SrAt, a MICHAEL D. FRANKLIN NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY MyCommiuion Expires Dec.21,1988 nnliw....nulniIIWWUWUZ 5rm Planning Commission Meeting May 10, 1984 Agenda Item No. CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Resubdivision No. 765 (Public Hearing) LOCATION: ZONE: APPLICANT: OWNERS: Applications 3 Request to resubdivide three existing lots and eliminate interior property lines so as to create a single building site for the purpose of converting and remodeling the existing commercial building on the property into a restaurant. • It Use Permit No. 3076 (Public Hearing) Request to permit the conversion of an existing two --story commercial building into a restaurant with on -sale alcoholic beverages, live entertainment, and dancing on property located in the C-1 District. The proposal also includes a modification to the Zoning Code for the required size of parking spaces and aisle widths and to allow the use of tandem and compact parking spaces in conjunction with a valet parking service; and the acceptance of an off -site parking agreement for a portion of the required parking spaces, and the acceptance of an environmental document. Lots 4-6, Block 3, Balboa Bayside Tract, located at 503 Edgewater Place, on the southeasterly corner of Edgewater Place and Adams Street, in Central Balboa. C-1 Howard Properties, Newport Beach Ron Franklin and James Ray, Corona del Mar The applicant has requested approval of. a Resubdivision and a Use Permit so as to permit the alterations and conversion of an existing two-story commercial building into a restaurant with on -sale alcoholic beverages, live entertainment and dancing on property located in the C-1 District and which is built on three existing lots of record. The TO: Plannin� ` mmission -2. proposal also includes a modification to the zoning Code -for the required size of parking spaces and aisle width and compact parking spaces in conjunction with a valet parking service, and the acceptance of an off -site parking agreement for a portion of the required parking spaces. In accordance with Section 20.25.020 of the Newport Beach Municipal Code, restaurants are a permitted use in the C-1 District subject to the securing of a use permit in each case. Use permit procedures are outlined in Chapter 20.80 of the Municipal Code, modification procedures are outlined in Chapter 20.81, and procedures for the approval of off -site parking agreements are set forth in Section 20.30.035, D. Section 20.87.090 of the Municipal Code provides that where a building site is comprised of more than .one subdivided lot, or fractions thereof, a resubdivision is required when new construction of alterations to existing structures, in excess of $5,000.00, are proposed in any one year period. Resubdivision procedures are outlined in Section 19.12.040 of the Municipal Code. Environmental Significance. After the preparation of an Initial Study, it has been determined that this project will not have any significant environmental impact. A negative declaration has been prepared, and is attached for Commission review. Conformance with the General Plan and the Local Coastal Program, Land Use Plan The Land Use Element of the General Plan designates the site for "Retail. Service Commercial" uses. The proposed restaurant is a permitted use within this designation, subject to the securing of a use permit in each case. The certified Land Use Plan of the Newport Beach Local Coastal Program designates the. site for both "Retail Service Commercial" and "Recreation Marine Commercial" uses. The proposed restaurant is a permitted"use within these designations as well. Subject Property and Surrounding Land Uses The subject property is presently developed with a vacant two-story commercial building which previously contained a marine related retail sales and service facility and a coffee shop -on the ground floor and offices above. To the north is Edgewater Place and an existing structure that was previously used as cold storage for the coffee shop and offices for the fuel dock operation. Said structure is intended to remain as a walk-in cooler office for the existing fuel dock and a commercial fish market. Beyond Edgewater Place is Newport Bay and an existing dock area which includes a fuel dock and berths for the existing sportfishing operation; to the east and south are the sites of the previously approved Bayview Landing project (Use Permit f -- TO: Planning Commission-3. No. 3018). Said property is intended for the restaurant use until such time is implemented; to the west, acro off-street parking area. Background s to be used for off -site parking as the Bayview Landing project s Adams Street, is a paved At its meeting of March 7, 1963, the Planning Commission approved Use Permit No. 925 which was a request to establish a marine service j station facility which included on -sale beer and food and the lease of boat slips. Said approval was conditioned so as to allow on -sale beer for one year only. At its -meeting of April 2, 1964, the Planning Commission approved Use Permit No. 1026 which was a request- to install a live bait tank dispenser in conjunction with the existing marine fuel dock. Said approval was subject to the condition that all dead fish be disposed of on a daily basis. At its meeting of November 19, 1964, the Planning Commission approved 'Use Permit No. 1086 which was a request to add various activities to the existing marine dock operation to include: all day and half day sportingfishing.boats, charter boats, fishing skiff rental, live bait sales, _tackel.store, boat sales, marine motor sales and service, coffee shop and boat hoist. The action of the Planning Commission was subject to the following conditions: 1. That the recommendations of the Fire Department becomplied with. 2. That Lot 9 be used for parking of cars only. 3. That the boat hoist be non-public. 4.. That there be no fiberglassing or other hazardous reparing of boats. It should be noted that condition No. 2 above does not indicate a specific number -.of parking spaces on Lot 9; however, based on current parking design standards, only -four conforming spaces could be located on the lot. At -its meeting of August 19, 1965, the .Planning Commission denied Use Permit No. 1146 which was a request to reestablish on -sale beer in conjunction with the existing marine related facility. Analysis The applicant proposes to expand and convert the existing commercial building into a restaurant with on -sale alcoholic beverages, live entertainment and dancing. The remodeled structure is proposed to have,a height of .31' 6", measured from grade to the top of a pitched TO: Plannin� mmi.ssion-4. r roof, with an average roof height of 25' 6". However, the plans will have to be. revised slightly, inasmuch asthe top- of a pitched roof may not exceed 31 feet in the 26/35 Foot Height Limitation Districts The restaurant will contain 6025t gross sq. ft. and approximately 3,595t sq. ft. of "net public area", and will operate from 6:00 a.m. to 3:00 p.m. for breakfast and lunch and from 6:00 p.m. to 2:0.0 a.m. for dinner. There will be a maximum of 15-employees on duty during peak hours of operation. Required Off -Street Parking Based on the current restaurant parking requirement of one parking space for each 40 sq. ft. of "net public area", 90 parking spaces would be required for the 3,595t sq. ft. of "net public area" (3,595t sq. ft. - 40 = 8.9.89 or. 90 spaces)- in the restaurant. It should be -- pointed out that the parking requirement could vary from 72 parking spaces (i.e., one. parking space for each 50sq. ft. of "net public area") to 120 parking .spaces U.e., one parking space for each 30 sq. ft. of "net public area"), depending on the operational characteristics of the restaurant. It is staff's opinion that inasmuch as the proposed dance floor is only 192 sq. ft. and that the live entertainment will be limited to a three piece combo, the parking requirement should be based.on one parking space.for each 40sq. ft of�' "net public,area" (3.,595t sq. ft. r 40 sq. ft. 89.88 or 90 spaces). - As mentioned previously, the proposed restaurant will occupy an existing commercial building which previously contained various marine related retail sales and service activities, a small coffee shop and related offices. As further mentioned, said uses were established in accordance with Use Permit No. 1086 in 1964 when there was no parking requirement in the C-1 District. However, said -use permit did require four parking spaces be provided on a lot across the alley (Lot No. 9) as a condition of approval. In addition to the parking required for the existing and proposed uses, on or bayward of the site, 15 additional parking spaces for the Fun Zone Marina are required in conjunction with the applicant's proposal. Said parking is required inasmuch as a portion of the property included in the applicant's proposed off -site parking location is currently used by the Fun Zone Marina as off -site parking. In accordance with Section 20.30.030, B(1) of the Newport Beach Municipal Code,- the lawful use of land or buildings or both in commercial districts, which do not meet current parking requirements, which use was in existence in 1969, may be continued or changed to a use requiring the same or less off-street parking without compliance with said requirements. In other words, the same or similar uses that previously occupied the subject building could legally utilize the same existing commercial space, without providing any parking whatsoever. Similar parking credits have been allowed in conjunction with the expansion of the Le Barritz, Palm Street Cafe and the Rick Lawrence project at McFadden Square. Such a provision would allow -the applicant a parking credit of-32 parking spaces, based on current" parking formulas. Said credit has been calculated as follows: COM/NISSIONERS MINUTES XCr � r c p a 0 3 ROIL CALL Motion Ayes Nays Abstain M _on Ayes x x x Abstain Motion Ayes x x x Abstain Ayes Abstain xix1x1 Ixl :ity Of -Ne*port Beach Substitute motion_was made that Condition No. 35 be revisec to read, "That the proposed patio area, located on Edge- x water Place shall be permitted provided that no food or beverages shall be served within the patio, unless the use permit is amended accordingly," which MOTION CARRIED. City Engineer Webb questioned whether the intent of the motion relating to Condition No. 35 was that the patio area would be used only for restaurant use or general pub- lic use. Commissioner Person stated for the record that he opposed the motion concerning Condition No. 35 inasmuch as he felt it was unclear re the placement of tables and chairs. A general discussion ensued, during which time it was noted that the Bayview Landing and Fun Zone projects are being required to provide tables and chairs for public use without being able to provide food and beverage ser- vice It was the consensus of the Planning Commission that this project should be consistent with the Bayview Landing and Fun Zone projects. Motion was made that the Planning Commission reconsider x the vote relating to Condition No. 35, which MOTION CARRIED. x Motion was made that Condition No. 35 be revised to read as follows, "That the Proposed x p posed patio .area,located on Edgewater Place shall be permitted provided that no food or beverages shall be served withir the patio unless the use permit is amended accordingly. Seating shall be limited to benches and/or tables." MOTION CARRIED. x Commissioner Balalis' main motion for conditional approval of Use Permit No. 3076, as revised by subsequent Planning Commission action relating to Conditions Nos. 33 and 35, was then voted on and CARRIED. Use Permit No. 3076 was thereby approved, subject to the following Findings and Conditions: Findings 1. That an initial Study and Negative Declaration have been prepared in compliance with the California Envi- ronmental Quality Act, and that their contents have been considered in the decisions on this project. 2. That based on the information contained in the Negative Declaration, the project incorporates sufficient miti- gation measures to reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. INDEX -19- C.UMN\bNLANtKJ � r c m �o �o�m�om MEL A�� ROLL CALL Jur,___-'i , L 984 %' MINUTES City of Newport Beach 3. That the proposed development is consistent with the General Plan; the Land Use Plan of the Local Coastal Program as conditionally certified by the Coastal Commission and accepted by the City Council; and is compatible with surrounding land uses. 4. The reduced width of parking aisles and the tandem and compact car spaces will not, under the circum- stances of this particular case, be detrimental to the health, safety; peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the Proposed modifications are consistent with the legis- lative intent of Title 20 of this Code. 5. The approval of'Use Permit No. 3076 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 neigh borhood or be -detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 6. That the proposed use is in keeping with the desired character of the specific plan area as identified in the General Plan. 7. That the off -site parking areas are located so as to be useful in connection with the proposed use on the building site. 8. That the parking on the off -site locations will not create 'undue traffic hazards in the surrounding area. 9. That the off -site parking areas and the building site are in the same ownership or will be under long-term lease, by the owner of the building site. 10. That the waiver of a portion of the required parking spaces will be of no further detriment to adjacent Properties inasmuch as the site has been developed, and the structure has been in existence for many years without required parking. m -20 COMANSSONER�, Jur_;�', 1984 � r c s M C o c w a g City of Newport Beach ROU MINUTES INDEX 11. That 46 offstreet parking spaces and four boat slips on a short-term basis) and 54 offstreet parking spaces and four boat slips (on a long-term basis) will be provided for the proposed'restaurant use where only five parking spaces are now provided for the existing uses.on-site. Conditions: 1. That all development shall be in substantial conform- ance with the approved plot plan, floor plans, ele- vations -and sections except as noted below. 2. That all applicable conditions of Resubdivision No. '765 shall - be fulfilled. 3. During construction, noise -producing equipment shall be enclosed by. barriers or baffled in a manner estab, lished by a qualified acoustic engineer to the satis- faction.of the Planning and Building Departments. 4. The location or relocation of public utilities shall be coordinated with and approved by local utility companies and public agencies as appropriate. 5. During any closure of adjoining streets which may be required during the proposed construction phases, alternative pedestrian circulation shall be provided to the satisfaction of the City of Newport Beach Plan- ning and Public Works Departments. 6. All activities that require full or partial street Closures, parking prohibition, heavy truck traffic, large or heavy loads Or -similar activities shall be approved by the Police Department and City Traffic Engineer. 7. That construction workers shall use the existing off - site parking areas. 8. The applicant/owner shall grant public access rights to the City and enter into an agreement with the City to keep the area from the bulkhead to the proposed. structure free from hindrances to public access and to repair and keep the area in a good and safe condition at their sole cost and expense. -21- t '..ks stvSlE�i; NOT EFFECTIVE E � M !IT. 15 DAYS AFTER DAiP, USE PERMIT APPLICAT! I N0, 1086 Ord. No*. 633. CITY OF NEW -PORT BE_ALH. TdAilr FILING FEE $30.00 i.-STRiJOTIONS (Read Carefully.) The applicant or his legal representative must be preset at all public hearings.: Fill out this application completelii. It must be a.cc-apanied. by five copies of a plot plan to scale, and with correct dimensions, sho-«r -ag in detail all boundaries, exisiti g buildings, proposed alterations and additions. The applicant must sign conditions of Use Permit, if any, within thirty days after approval. Appli- cation shall be revoked if not used within eighteen months from. date Hof approval. .' -.� __LIt::�• _-J JEJ J_, 55vvy J:_ T3 N A='s7..2C8T3i V y ~ A Address !'.A'7^v a 1TeC U& C :_, , ::- LOT ' C3, tLOCK s SECTION --- A� CT ��� DIME; 0� MARMG �� rf '::. � � 1 S , 1 � t 8 : 00 P.M.. f "ruli^atiorr is hereby made for a Use Permit from Section �iO3�, a) to permit: ' i' o - T' n .3 oi'{ 3_S' 1. i� di? e S ='_oil Ion d- d 3t "0 "air. St at- .i_e Col i;CL �''4 o;; `3 ese 'i �z>.' ro 30.�ev i L' �a In°siZC:3i 3r�� ?�� T',� bus ia -c. f and a! ua!� S Js ri'' y � 3C-a4-S i. .Aar' n 3D. ` � � T� I S= "_ ;'? ?ti.S !�.+. �.,..v3-ilea.:_v u 3.l?S, t3C e'"..S i fl_"a L+�'-n L 7T.i i n.� f� a..^.. f�J L da 3 - - -Sal as ., Sary--; C,- in- �ra-7 ;'� L ii.....1 0'2 �a not 7..io::" i hn. 3x2C.7 _(3s _� �e�. l ie .c`: tit. s;':� xy e and b`J& IQ �g '-Ita2_ are sheets attached to and made.a part of this applications.._ ; rereby.certify atthe foregoing statement$, IGaps; draairgs, plans and sT�eCifiCatl012$ attached hereto ..:a tree and correct:. if approved this Use".Permit will no} adversely afflict persons Ing or working in the neighborhood: I further consent to any permit issued in .-S.eicor,tb-ing 'L'`+Z l arla void �n the event: they 8:i.. iii}t: true a..z cor ect. _.Y s� gF.�.cuza a {1sarer. er Aepal:ica ) Home Address J Phone ,.M 'i7D i?EPA�?'T'l' �3s'AL USE ONLY i'�.�:.4R ING C,,., �+iT�S?E3� ACTiG OR. Iz accotd" ith Section.-. 9103,52(a) a Use Permit is hereon GP.ArTTL? the above pnlic3rt subject to requirements of all governmer. 1 agencies having jurisdiction and sJbjec�t_ro the followings 1: 'That -recommendations of the Fire Department be complied with, 2. That Lot.9 be used for parking -of cars only. 3. Z''.at the boat hoist be non-public. 4. That there be no fberglassing and other hazardous repairing of boats. - The uudersigned hereby agrees to all the.above cars�iti ons �14?�t'i t':Srte o .:.coned "-�-- uuxR, cX IFI I?; INGS OF PI:.ANNING CCi uiiSSICri; Upon a review of the evidence on file and testimon�rre- see ted at the mee+-ir_Q the�ommission fo*-nd and de.teMr ined that un _-r the L-nstancns of the particular case, the ranting of this use ,permit would not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residin, or urorki.a in the neighborhood and, therefore, recommended approval; subject to the above cor_ditions. DENIED- APPRMED By City Planning Ca issior_ APPRaVED By the City Council on -the on the 19 day of November 19 64. =uay of lq �IX55ke- F.ay i.r.iih, C o C- C'OP u reborn Mar e'ry Miroueer, y Vet-- uort 1 iecCh City pla=.in3 CC=i3,sio -Newport, Beach, California -ay --six Vil� *tr q"l JytTf- E� TF9 4 MF4 r i ��, � �ry E E E � 4 �. } '� Wo m- roe'� 7-0 I 14 I IT C' 11 CY 0 i gi IT, TRAY -7-7, MM W/ 7'y P4F3 a t WAS ',7w 07 T r'R 1,407' tl 0 1 & ti lop, FIR, _f C4 (o, 7.3 too I MR,i C-)(j 3et tq r- lF *ter r- �3 , ��a ���a — S®3 Nw£roor '" r @E ti 'p O. R TQ O BAC 80Q -70Ic VICINITY 5KETCH MrstJcTrr Ea.r 1 A a Jorrr - NE WPORi BAY CALIG0F2N"4 1 Z � � � Soundings ore Expressed in ><eEt and denote ` Booths be/ow /'✓lean Lowers .Low Water. �t'1oxl.vrtin /ansel of tide op�oxi+�ote/y /o Feet. Harbor /cites are e�tad/fished /n i'h/a Secfion os Nevvpor> ,Boy. ' BAL-B A-BAY51UIZ T1Riic r a BLOCatOT 4-4 1� _ U-S-BULKli'rs Ll�q� a o ' l i 1 1 1 ' ,-bOfiT DAQir i I l WITH ZLECTR(C M01'ST 70 BE-- - - - - �OTT-ErP '`fNE� � SWVIC'tTE _ I f 1 RENTAL �3`< � { i 21 71 NiGb♦ I 1 �Y 5TOR A Cz c b.t$l�, + _.., bOAT, LIi' Foci -; ARTLa hr>1r5 1 50 Q E D c: E W ATE �Z CALIF. PRONE - G,=75-- 05'5 n 45' 14 3d -1 r �Y V 'moo '19iQ1�JJVJl7JY'/tom (IS OND'FlV'tIOiJ t D CV Q C` i Q1 . Q' !V 7Vor a o IF ': C B 41- a 2, OCL NP 47c Qv* rl 4Cr ul C. r e o a- NO%Yp o er` ,&,r.4C.y t � � LL ti. �wi �r •?4ryr, AW tLAN p YfJ y� i •yr r v tN'W' T r.K e 0 lb �-9 ,V VIC! 1VI TY SKETCH Msw�eagr 8'+�►Y, C.u�ra�Kra y ' Jcfry SounO'inys QPW. e►Xpiersee(' IfPyIrd-111C ond-dMnotier ed4Fpe`hs; below, L'cap? zowr ,GONE' i✓o. err: Moxiw�r�.n ra tpeF of fia/e oppraxus+ro y /d /ire ldorae7r /.%7cs are, csiob/t;shed iir /r s • sec�io r O?r`vcw,~?c Se7� A �s GAO$ OtS�OS�I &' 1 �kis'��S�+ie••e:�L,�� �'"� l3R�4p_ 0G��D i v I 8a boq,�s G/CAwTSPAC "A� Go7 ax, 3 T,a,4cr �%� ADO�E'ESS /w ZA CowT.fACrow 044.J 0A71C CITY OF NEWPORIT SEACH HARBOR PER41"VilVia: "'ll—, ?-fj GRANTED TO CONSTRUCT ARE MAINTAIK THE FACILITY SHOWN ON THE RF-VF-RSE NEREC�l` - AT THE SET`�ND;CATED, SUPJECT TO THr PROvlstli�;Ns cl'� THE HARBOR PER-MiT P'GLICIF-5 CF NZWFORT BEACIH AW.1 ANY SPECiAL CONWTICN5 L-,,,!,,yC _jD F4E-z�'O6eE. THRIS PC%kNO OT T R, AN S F -2 r. A 6, k. `4! tT F, 0 L' T -1 F E 'A' C a S' rNT C" Ct'3Y NARaOP COORWLNA-,�-`ft OR CITY COUNC!" Y4 RIGHTS GtV%7H bijnErj Tg,2;S PERMIT ARE PERMISSIVE Ot4L'l AND pEp MST MA.y BE REVOZAED BY THE CITY COUNCA, 4N ACCORDANCE WffH TITLE 17 OF THE MUNICtPAL 0002. cl -D SPECIAL CONDITIONS: Corps Of Engineers Permit ()r,Ar,g_c coup ermit MW a� � -5'-- �--7 PERMIT ISSUED SUBJECT TO DREDGE MATERIAL BEING HAULED TO EA P CED ON BEA10H ... /&7) Yr �1/111�A YILIrIi.IdX+YII Il.1II.Y�r-.�rllwl� � 0 7. VIZ V�, I( T ra .Ci Q � �i Z :O IOr• 1 20 VICINITY 5KETCH '"•••'�'�,�� �,,, 044wi®ar BAY, C.at iionM.A Sot/rfC�na use C.4.prossCd +ry O-Wrr and oCwvsr' 7a b e/o.+ anCorr LJ M?I : o w 1vv 0Pr. ' Mori...a.... icn9e o! lfc� eAprvxis►p�,�ly .'O +��a� Hoioor__:.nes Ores CJ10G%/"yhcro !es 7JAis Se'CJlion ar Nd•✓oorf -Is Or- . .n 1 N Gs D Q n s 4 .� NX ! Le --- _ gy p©RT„ G..,a. r� r_�t t c• �^ .4P? 46i i rowrlr f we ��, ,coo Ess E3tz•e,:11�►T� I f O KE3A.-hi l-A. HARBORMI' PERMISWOM 15 :HV� ""Y £ Jt :: ?ITT ANT MAI*:Y:{9N F3ilE CwC;:.P'' SP§4Wts' Cep 5c_- ,; : ', �0+ _ AT THE SITI� W-Mi"CATZ'D. THE SAnU0!7 PEflikUlT or 4 es c..� �.•.: .%'.��3 AN ANY SPrCLA.L IS NOT . r.+r:xc-AND T:MF.le7:I'1-1M ._. M AeCORDA44CIE i it I LE 17 vil.".x..�J ,Y. i9ii �ihnof z• 1v r4.� aav�t n.f�.dvP in i/PERMT NO. � V x E✓. 9. Q ! o 7L lJ AfEWAMRr o RAlm T ® L o ��'cbwq— ZO VICINITY SKETCH f" r Nmvv cnr E3Av, C^LsFooawi.. ✓ J�nr SGX/n�ii� ave a?xaressad w rrwt and aw7oiw d&ioths ber/e�w "a"an L®wa— Losw WoyOu?r. 4-f axiarvn r-7 rarnya of tia� v�+woziavol'e/y /0 sirst. Naibor /,0745 &81'061,11940d 41 this SOOJO-ice Owe hi-wAO'Yo Ray. a io 2o', 3o 40 G RAPHI C SCALD i � �13 r w.-Z, ✓3L � ClC 3 � �''` ® 4 /A/0 Crtoee� 4' + .o O 10 20 30 40 50 r RAPHIC 5CALE L x /,S 7-1-Y ® IN Fc E-r ff �x , s 7'"i e✓ t ` , ,L .,tee sZ'i.4/G- �'x /s iii✓ C' i ,A/ � .✓✓ e=� , cs >2 T � •� Y .fv`� w� ,ter � T ldt AM CIO 4 7All 0 T i7-141 Tc IN, ,sly '--rn IA m --c ,.rc A 114 i"TA /,A,). r7 Al- 17A r films "I C. / c. ";' 1'j 0 7:� ry m ...... _7p Lora o i N t rC7 Q 20� E� VIclnJlrY SKETCH � Nswnaar 6wY/ G'.�LIFOfiNIA o �,! :tr:r SOC//' &,np5 Ore e.fpiCs5Cd ono' o4no10e j dipr%.s be/ory 1,7eor7 L.a.vei -,ow l.vbte•r. rYlorr...c..n ronye aF f/dc cPPwx/..rpla/y �O +rvmf. Norooi :.nca ore c siobIt'sher as 7�h:s . Secf/on or nic.✓vo.f .3or. f %d � 1 I '�74, I 'yl0` j '>jo � 11 �.1 � '�• 11 � .. �j0 � itp � •,b � Q � a N T 4x2 4xwi � A II�II II �. R iti�tl r l011 !ati. rpQJEms' :- ' T4 PoR-17 .. L A P4 I=I I v!: PPI. i ,v7's ,a G o r B C /;ZAcr �°5 e>x �uJ •�+.7' doe �!~rAzooeEss r-,z=I�KE)A�ti L.soc�i 1 t �i g a��c IVZV,,vOf7- 6,f4CN .( Z At r Q I T15 : r.... . 1,201 V ICI N I TY S K E TC r-i • . ;trrr N, w�ew► �,. Y� C.at ioowara, o �r ,c SOG/�fe",a5 ure eo"O.-Cssed " ierf Once OewO0-e oeo r^ s o F/b.•r Meo�r L.a.vei : o r ron9e - l it o'a GoP ru a, �+.o is/y /O Ore C?10 o%i5 �•eo" /e. �h,S .Sec f,ow O% Ne roerf '�Ol'. • t r K �,v.tl� � �.1�' i �ivi►• ojp.11' �.1(• �D.11, Gx� VX f N i r TA.1 s}XZ01 rr-WI??s(-k-\ � G l t1N (. D e M®m N LA rJ t=I Nlo 1� i;7r(-e :j am oa-rC- t: c..:.vT S /,-:n��� - ef o r 1 -13 Lll. 7izAc7- ,c .o ss � etx aT �>` P►- r p K Eli tJ C Lsot,� 0,4yzf ss i �l, . . ......__=. _ .; i a*s y i iA s Qt� • %a -;iYJSy4eaCh •.�i,,,, . i ,r it Be �'.�as�3�.;�..'if,'a�^iu�i i i try �f Vi J�. ,t5� {{ made �mm .j. q' g p v y �y and �f � y �.A.`.v i.rJ�Lt. yloo is 4atGrn e {r. �w.�' yJ.rJeq� 4+r,�111r+�;.k Vf+M� L�nY Rf 4a.a 3,4`iM gy.F+a✓tll 4:�nd s'.zm'--;-'Zu }.7v Alt •.ti e3f' ? a"'. v ^' T+N •k^ .. x^�:. a.. a f" , q y r�� ,. ,_ r " � 4+ `�i y'. `J�wt. r„P, 4s id�,'+�...G rw:4.'��c. , .. t,.,i�*��.tt� 4".1`� Ja. v'utQ}.�rFS�` S. yi �c 'Ha.' w! � i r «,� as under the p i'G`*izio sof -erection 10 of tki-:' Ap' OT C'oll'aro-m.;S apprvi'vcd A. i ntitled �3 v xi>�i'�:J Cs � ut? J Cr :L�.t� w v ;� i' � � =° ¢"rs + " "' - {tad %aG.4 cM tir,,> a s."cG' tit).€iy i'ek$ir, and Ufa""�'°ti..iiYs,;,�`�wti.::c.(;: of ca»rt4»c:,a p<,i°Flic q.,oa.ii:.,r or. vw:L'..i:+,:t h},e',`"iors* and for other pu:'%,.ozez;,,S' s� u aze kx,..rob�J by v +� yy,.�e:�:�`Gtw...;�' Gy .i.�"x�£ y to '�.�»�b�!��"��,.�. %:sfiyy a�i� „�.�.^.a.,�g, A� to a5.te:.. ��"vRas. .�;,,� d��t �.3"k`�.t„z i1,,Ss�yw"I�ii�.tl 4 TJ+`.A4y� from t;- i. 'S" .A.:�,'�.w; rw�.,:iY.'A S„ »�.��,.'.' In �r i,":nit o'.G d4 JAL; «'s" '�'+'!S /"�' ..s;"•*�i.. ti;r� ', Block 3 $ Balboa Day'Vwl4W T k d:.:, Newport ewJoJW .Ny,LA.a . 'J." . z0 i ry GA.iwyyon y w' ' drcEdiYr,Za t.,d.�I�4.LS a44 10 rizatioa '4«.00s not ��iv, 1^ �.- S,�u••LR �Y r,a ziI ers�,A,r',..' or or t:,T,',i .. ' t.1Nr' :L Aa 4<:a. 11 d, a.':i... u(r 1,4 "I" o, ..;,., .r c..,, ,;';r.,.. a,.. -., . t �u � ..�,.. ,..d-�� ;...: a ,.6f. a K..�.,� L : + .• ,., .a `,., r,...v tn;.:, �.� : .' « .."r a, v n �., . W . .,., .. 3 , r._ .. �. i� �..• ,, e..5:: S. +.,.. , �,+ :. �i✓ t� s4 GwY V y �r:-7 w 1 r a r a ( a r `•.. �a,a,�.a',..,L a. V jP 01` cc: Com-nnlandeY' llth Coast Guard Disc iTTN: Aids-to-llavig tioxt Don,; Beach, Calif (UI/cy rw) City Engineer I City of Newport Beach 3ewport Beach, Calif U$ Awo ^'&hkh Los Inds PD F .^�] SOS • ,o7 O p, ?.'o nc is ':s�, 0 to you » 9 ,�kt.. s t o 9 ,; i$�.y 1963 for. fir`. ., :..... 'h.�..�:fi o c n ir1: iRct two concrete gro 7 w�:a� Man the .t. .:1 .,..rtr'1��.�v ..;k,'.� tic i. �. A<..i.',r .l. r of F,. 9. t': L rs , and War the provisions a Z Succinu w 4 f the Act Of wl.'o6 i. c.c':+ pXymorvation of t..• Y•Y^.5r air and w. i l " A 'i.r; .jp..v:.d.`'& c.vl.rib+.. „.�... �. L. " ` �' . and &'swi oJ'n�r l �.r g sie �.,..� :r., �1 � other ... .> a .i x� t t. NI tf Sacretary of the MP' to COZ&ruat two concroK slab K p ,,.� ..4 .n.µ1,'y, :..�.+ fact .k.;:aL6� ., ti, r.',� s: i. i�t .l. � t,�t v�..r..« is b , t ,. i t, ., .r. .,.. .,� S6 .'%j � ...! �l. z* y,. s. .seed ::.. t 'a castarly c",,.Li, westerly ros:.`.:.tyT lines of a..waa 6 4 an . 6y alook 3; .'.:c;'..Y.bonv,:.ay....d.4. w `y':Y'act .S.i"..wa� ru'rt a.,� wla"y. o Cv.t, „,„:1,f- 9 asa.5,�<..r6.....s On L:ei�., at . t..w_;4w i..a F ri:h,%.;.r a'`uta..o .ization down not iti.,. any property ri taj zlt, nr in ..u:,.! coLaws !."7& material, or any exclusive ro .r i; ,,.l :. ; c.4,xF.d Woos uat WO.;....W. A ..q .:.n jF.,ExV to private property 1:r`;4. .C.avt:',: u.Y o82 of private rights, Or MY 1.,f .Lc ..>., w.Ll,r- of .t~N:Ce.r. a.l, ..iato, or local .s. oo or r i„U:Ic.ryyL.�C%.r+wS:n .g L 0000 �r._ OVInecessityo ohs of �bta .wi Mato ,.F,d;ArS.t 4D �ha Nark £tY.-i..++.h..ad. it Z,.:.rL .1,.;i eNt:;res8es the assent Cf the ioderal um3v r....wdt so far to c n °a"':P."'.'ns the p'twbA:+c }si ya a of X"3a�+`"w,.,.,,;;t.w.CJi'. ('.,.,.., a re.%e7.sn.rax63 V. x �a Districtof TUN ARM Wzmsi, Corps of yY �q aer cc: Commander llth Coast Guard Dist iong Beach, Calif (w/cy dwg) mr. Joseph T. Devlin Asst pub Wks Director Newport Beach, Calif e i! AMA,r i 1 _ter T ;ct, Los Angeles n,^ r...; a I Jna ,(J.a ia. 4i �• ,'�'i W. f:.l �7r��'rTy �': ,k; 't !,'Jatch, California iIiis has -Oe,Lved a l �♦ i S�iwTltti .�,+ }fii�L� t 9 P ront , t'-'a� boa .i,s l and, ",�_„{ L r y � 3?. I i.].,3 lot vr'C3'.i:i: 1,ot fr, izY ,U iL»acz of .t. {? a 4.i; .4- mv iTiv".'.Jol'i {'3s: 3 k;r oc3 G 'YEC� zee f'3^^iJ:t Y9 3rou pro';OfsW lwYi a, c f your Lot Y wouic be oii 's4 Z y r y in 4 i�i 4N o tll .o Un.iJr.lva, L`h.A.zoffice f., ce .i s: ,, a V, 1'ol, t,Cn.-i.r'i:,%uct:Lc`n oY the co;;are`e al^tiz,),s, ca :} �lev`'vk?.°: Qa 9 Guly 4,I )'1q Urit:2.1 the 'p'roperty .za,r::=.,+'L:i.O-a b1 iF;n r;°>ao.i,,'4e.d. Very truly yotirs r c T a. r +V rLj,, 1s :i..r s o: -j cc: Mr. Joseph T. Devlin Asst Pub Wks Director City of Newport Beach Newport Beach, Calif Mr. Roland F. Vallely 508 South Bay Front Balboa Island, Calif � y!.. y; 7 fit'',: >✓ ��,�� $L'. ^' C55@@�k %�wti. "�'d�Y ��V,/�• d\ i^ ram" A t CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT APPL I CAT';I,ON:..FOR : `HARBOR PERMIT DATE , 19_ CITY OF NEWPORT BEACH CALIFORNIA GENTLEMEN: APPLICATION IS HEREBY MADE FOR PERMISSION TO Install a new concrete bulk ead complete with groins extendin (APPLICANT WILL DESCRIBE -HERE. FULLY—: WF1AT BrI W ISHFS !TO DO ;AND'. PUgPOSE .:OF'%IMPROVEMENT bayward from the bulkhead line per revised prints herewith. This is a revised permit application. SUBJECT TO APPROVAL OF THE US CORPS OF ENGINEERS- Subiect to the cons.tructi_on r 4U11` -10 "` sing done on the pr®Derty which is ovmed by the En-1 - prises and that a correc-e, the ACC 13�,;� .1_ng e draw b tt subm ecl to Secretary o the Joint Harbor The CO;TB I ittee . Approval of ths 4 U.S. Corps of Engineers is also rep,, Ared . ADDRESS OF PROPOSED WORKa 503 E. Edgewater APPLICANT IS OWNER OF LOT 4.9 5 & 6 , BLOCK 3 , TRACT Balboa Bu.'�L C? j THE UNDERSIGNED AGREES TO DO THE WORK IN ACCORDANCE WITH THE RULES, REGULATIONS AND SPEC1- FiCATiONS AND SUBJECT TO THE INSPECTION AND APPROVAL ,OF THE CITY OF NEWPORT BEACH AND ACKNOWLEDGES THAT THE, APPLICATION AND PERMIT ARE SUBJECT TO THE GENERAL PROVISIONS FOR HARBOR PERMITS ON THE REVERSE SIDE HEREOF AND TO ANY SPECIAL CONDITIONS IMPOSED. Ho Fo & R. Enterprises CONTRACTORS TRAUTWEIN BROTHERS - 'rev° REC' D FEE � �� -// 41�GNATU-�R OF APPL I CANT CHECK. N0. � S � W' y,y DATE 1G— C j Ro ®® Box1635 YVoBo FROMMAILING ADDRESS OR 3 37�O PHONE APPLICATION SHALL BE IN DUPLICATE- N0. CITY OF NEWPORT BEACH — PUBLIC WORKS DEPARTMENT HARBOR PERMIT H. F. & R. ENTERPRISES NAME OF APPLI.CANT 3700 NEWPORT BOULEVARD MAILING ADDRESS NEWPORT. BEACH IN COMPLIANCE WITH YOUR APPLICATION OF DULY 16 9 196 3 AND SUBJECT TO ALL TERMS., CONDITIONS AND RESTRICTIONS WRITTEN BELOW OR PRINTED AS GENERAL,'OR SPECIAL PROVISIONS ON ANY PART OF THIS FORM, PERMISSION IS HEREBY GRANTED TO INSTALL A NEW CONCRETE BUL HEAD COMPLETE WITH GROINS EXTENDING SAYWARD FROM THE BULKHEAD LINE PER REVISE PRINTSy SUBJECT TO THE CONSTRUCTION BEING —DONE ON THE PROPERTY WHICH IS OW ED BY THE ENTER-P PRISES AND THAT A CORRECTED DRAWING BE SUBMITTED TO THE SECRETARY OF THE JOINT HARBOR COMMITTEE. SUBJECT ALSO TO THE APPROVAL OF THE US CORPS .OF ENGINEERS. ADDRESS: 503 E.• EDGEWATER LOTS'4, 5 &. 6, BLOCK 3, BALBOA BAYSIDE ALL WORK TO BE IN ACCORDANCE WITH 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 DULY 16 y 19.64 . .APPROVED BY CITY ENGINEER AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, AT A MEETING HELD ON THE 12TH DAY OF AUGUST s 19 3 CI Y CLERK No • A-1331—R CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT APPLICAT 10N FOR. HARBOR PERMIT DATE CITY OF NEWPORT BEACH CALiFORNIA GENTLEMEN: APPLICATION IS HEREBY MADE FOR PERMISSION TO May 28 9 C) Install a new concrete bulkhead, boat slips q1nd fuel dock (APPLICANT WILL DESCRIBE HERE.'FULLY"WHAT HE WISHES TO DO-AND.PUqPOSE OF IMPROVEMENT to replace the existing floats and fuel dock. Subject to the condition that the plans be revised to provide a 10-foot access on the westerly side between the Moat and 10e prolongation of the property line, that 7the amended drawings b"e submitted to the City �Enaineer b Fr' day, June 7, 19�-' ,E'cialso subject to approval. of the U. S. Corps of Engineers. ADDRESS OF PROPOSED WORKI. 503 E. Edc-ewater APPLICANT IS OWNER OF LOT 5 & 6BLOCK 3 9 T R A C T B s,- o7 S-7 L THE UNDERSIGNED AGREES TO DO THE WORK IN ACCORDANCE WITH THE RULES, REGULATIONS AND SPECi- FiCATIONS AND SUBJECT TO THE INSPECTION AND APPROVAL OF THE CITY OF NEWPORT BEACH AND ACKNOWLEDGES THAT THE APPLICATION AND PERMIT ARE SUBJECT TO THE GENERAL PROVISIONS FOR HARBOR PERMITS ON THE REVERSE SIDE HEREOF AND TO ANY SPECIAL CONDITAON% I PCLSED. H. E-'n t e i- o»ices Trautwein Brothers CONTRACTOR" REC'D FEE_.,_--d CHECK No. 177 < DATE- 4-,3 -5 IGNATURE OF APPLICANT 1 �7; Z. 9-w1l MAILING ADDRESS 5 PHONE APPLICATION SHALL BE IN DUPLICATE- No. 7ZI-1336) CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT HARBOR PERMIT H. F. AND R. ENTERPRISES NAME OF APPLICANT P. 0. Box 1635 MAILING ADDRESS NEWPORT BEACH, CALIF. IN COMPLIANCE WITH YOUR APPLICATION OF MAY 28 y 1963 AND SUBJECT TO ALL TERMS, CONDITIONS AND RESTRICTIONS WRITTEN BELOW OR PRINTED AS GENERAL,-6R SPECIAL PROVISIONS ON ANY PART OF THIS FORM, PERMISSION IS HEREBY GRANTED TO INSTALL A NEW CONCRETE BULKHEAD, BOAT SLIPS AND FUEL DOCK TO REPLACE THE EXISTING FLOATS AND FUEL DOCK. LOCATION: 503 E. EDGEWATER BALBOA, CALIF. LOTS 4, 5, AND 6 BLOCK 3, BALBOA BAYSIDE TRACT. ALL WORK TO BE IN ACCORDANCF.,WITH THE STANDARD SPECIFICATIONS OF THE CITY OF NEWPORT BEACH AND DRAWINGS ATTACHED OR REFERENCED THERETO: THIS PERMIT SHALL BE VOID UNLESS THE WORK HEREIN �ONTEMPLATED SHALL HAVE BEEN COMPLETED BEFORE JUNE 10 APPROVED BY CITY ENGINEER AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, AT A MEETING HELD ON THE IOTH DAY OF JUNE s 19 63 CI� Y CLERK I -R, No. A- � 330 r; oa NLA Jj .,L r y VICINiTY SKETCH lot t t� • I