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Home My WebLink About112-0503-File 2NAME MAILING ADDRESS - ADDRESS OF PROPOSED FACILITY PERMIT, -� .S�o TELEPHO�J. FEE CHECK NO. DAYIE APPROVED BY: DATE APPLICATION IS HEREBY-MAjDDEE FOR A HARBORERMIT/TO sPy/p'�/ a _ CONSTRUCT/REVISE OCHD A F. FrT� vV yVcic ENGR ❑ AT THE ABOVE'LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACt PERMIT POLICIES AND THE ATTACHED DRAWING COUNCIL ❑ BY, COMPANY PUBLIC WORKS DATED DEPT. ❑ DATE ESCROW INSPECTION ❑ SIGNATURE d El SPECIAL CONDITIONS: 4v r,, Ls',A `... l�.'1( Fes" No CITY OF NEWPORT BEACH, CALIF. wx FORM sa-�oio I HAZARDOUS - MATERIALS DISCLOSURE an Chemical Inventory and Business Emergency P1 . y- A B C I D I E j F G H I J K toI N 1 � 1 2it�. a 3 3 4 ; 5��"' 6 7 f Q V P t ..�^ .....,.�. _ _, 10 Y� J 12 011VI 01 L CD CD w AS-7F— 0 t 1- 12 13 '�, 5 `�", � 3 14 i 4 15 16 6 (E3uilding ran 17 17 A B I C D I E F I G_j H I J K L. M N Business Name: Site Address: Site Map (Page number ass4gned shah be enkwed on chemkW irrverAmy sheet) PART It Page 3 Revised 12/2W7 SALISBURYENTERPRISES, INC. 17042 Gillette Avenue Irvine, CA 926I4-560I (949) 251-4880 FAX (949) 25I-0524 May 10, 2010 Mr. David Kiff City Manager City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 Re: Newport Landing Marina New Live Bait Receiver Dear David, Dear David, I wanted to take a minute out today to express a very warm and sincere thank you to you for your time last Thursday afternoon, for your attitude and for your responsiveness in regard to the bait receiver for the Newport Landing Marina. I also greatly appreciate' you volunteering to contribute $1,000 toward a $2,500 California Coastal Commission application should we elect to process one at a later date. The Thirteen month process of attempting to do it right and process our application through the City and the Harbor Resources Division was most frustrating however I am so excited with the end result and knowing that we will be able to sell live bait from our fuel dock shortly. Without this addition, our fuel dock tenant would probably not survive thereby eliminating one of the three remaining fuel docks in Newport Harbor. I am so excited and optimistic about the future of our City in your good and caring hands. Warm regards, �vSS.�..._.� Douglas L. Salisbury President DLS:rf cc: Bill Falkenstein (via email) David Salisbury (via email) C,9 May 28, 2009 Douglas L. Salisbury 17042 Gillette Avenue Irvine, CA 92614-5601 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director SUBJECT: Sediment Concerns at Newport Landing Marina - 503 E. Edgewater Place Dear Mr. Salisbury: Thank you bringing forth your concern that the recent utility undergrounding construction activity has increased sand levels by the Newport Landing Marina. Upon receiving your Fetter, City Engineering staff researched the issue in detail including review of the construction practices employed, inspection logs; and photos documenting the activity that took place within the vicinity of 503 E. Edgewater Place. Engineering staff also conducted a site review and interviewed the project inspector with regard to this issue. The referenced construction activity at Adams Street, Edgewater Place and surrounding vicinity took place in February and March 2009. Due to strict requirements set forth by the Santa Ana Regional Water Quality Board, any water entering Newport Bay must be clean water, and free of debris, sediments or pollutants. All construction -related de -watering discharges were required, and did, pass through a "settling basin" where any deleterious material, such as sand, mud or other debris was removed. The type of "settling basin" used on the project is known as a Baker tank. Enclosed with this letter is a photograph of the Baker tank used. Additionally, as part of Best Management Practices and Monitoring Program for the project, several other water pollution control practices were in place to insure the storm drain system was free of construction debris. The Inspector's Daily Report records that all roadways were swept on a daily basis by the contractor, standing water was vacuumed up, and all storm drain inlets were covered with a filter fabric to prevent any material from entering the bay. Furthermore, the storm drain inlets and access points were regularly checked for signs of infiltrated material to ensure our sediment and debris control were properly working. Our 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3311 • Fax: (949) 644-3318 • www.city.newport-beach.ca.us recent follow-up field review also verified that there were no signs of sediment deposits or build-up at the outlet of the Adams Street storm drain pipe into the bay. Had there been sand washing out of the pipe, it would have filled in all the joins of the erosion control rocks at the end of the pipe. (photo attached) Given the above referenced facts, records, and field reviews, it is evident any sand level increase, in or adjacent to Newport Landing Marina would not be a result of the recent underground utility construction. I would point out that this appears to be an issue raised by Marinas and dock owners from time to time throughout the bay. With the changes in tides, currents and other factors, sand levels tend to shift and change with time and occasional localized dredging may be required to maintain necessary water depths to support business activities in your area. Should you have any further questions, please feel free to contact our Project Engineer, Iris Lee, at (949) 644-3323 for further discussion. Sincerely, PEAS Works Director Cc Chris Miller— Harbor Resources Iris Lee — Public Works File Baker tanks used during construction: Erosion control rocks at end of storm drain pipe Po�1 cq,ci Fo 9 October 13, 2009 Oficina de Pesca 2550 Fifth Avenue, Suite 101 San Diego, CA 92103 CITY OF NEWPORT BEACH CITY MANAGER'S OFFICE Harbor Resources Division Newport Landing Sportfishing has been in business in Newport Beach, California since 1988. During this period, our records reflect they have operated within the rules and regulations of the City of Newport Beach. As of this date, there are no legal actions pending against this business. Sincerely, �14rty P14 Chris Miller Harbor Resources Manager (949) 644-3043 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 9 www.newportbeachca.gov/harborresources ' IF APPROVED, IM UpTIL 15 DAYS AFTER DATE FILING FEE : USE PERMIT APPLICATION Ord. No. 635 �Q��" CI.LImo/ O �� iiYRYii FILM FEE .,J30..._ 00 INSTRUCTIONS: (head Carefully.) The applicant or his legal represent at all public hearings. Fill out this application completely. It by five copies of a plot plan to scale, and with correct dimensiosi all boundaries, existing buildings, proposed alterations and addit must sign conditions of Use Permit, if any, within thirty days aft cation shall be revolted if not used within eighteen months from do LOx � BLOCK SECTION �"" TRAICT -Balboa: B� i DATE OF gBARING 8:00 F Application is hereby made for a Use Permit from Soc;;IOnL,„` �.; e�«M .; s�;ortfjs:i.2E; business nos►'3ocated rt, t;.e above. his business includes the AII—LZa y and La "-,:'a - :� :art rz,=:in., baits �r.I�rter 'bo,ats •` ichin � live :3-;; sa,_sg i..c';Ja :; to-,c tic:iet otfica. Glass: ar boat dea :�z::�arw :.:1:.: :::.c: s::.•Yic:: i:: aw�.iw-on to the ronent o t+a� w .! swall cof; ee a.";s,_ N culd- -e iacor;; orn ted in the staia - bulidi2fi � There area heets attached to and made a part of.this application. that the foregoing statements, maps, drawings, plans.and specification are true and correct. Tf approved this use Permit will not-adversely'4 residing or working in the neighborhood. I further consent to any per+ reliance thereon being WM and void)%n :he event they are not.trus an k] FOR DEPARTMENTAL USE ONLY In accord with Section 9103.52{a} a Use Permit is hereby GRAM applicant subject to requirements of all governmental agancies haying subject to the following: t ems* var►nmrs&mtations of the Fire Deeart iftnt be complied with. _ SALISBURYENTERPRISES, INC. 17042 Gillette Avenue Irvine, CA 92614-5601 (949) 251-4880 FAX (949) 251-0524 April 28, 2009 VIA FAX (949) 723-0589 ORIGINAL BY MAIL Chris Miller City of Newport Beach Supervisor Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 Dear Chris, Landing Associates is the owner of the leasehold interest of the Newport Landing development in Newport Beach located at 503 E. Edgewater Avenue on the Balboa Peninsula. Our commercial pier permit account number is 6003685-00 and all fees are paid current through December 31, 2009. Landing Associates is also the holder of Use Permit No. 1086, approved by the City's Planning Commission, which provides for "live bait" sales from the marina area as well as other permitted uses. We wish to expand our live bait sales through our current fuel dock tenant and have enclosed herewith bait receiver drawings showing their size, design and location. We would greatly appreciate your approval of the drawings so that we might be in a position to promptly manufacture and install the receivers prior to the prime summer season. Thank you! Very truly, Douglas L. Salisbury President Salisbury Enterprises, Inc. Its: General Partner Lansing Associates DLS:rf Enclosures 'cnr gr f 3�u � �etst: Ravi GC w+oeaeowe+@a @GC t@®Oi@@1+@A@++®6+of of 0 ►°+°►°@°►°@°►°e I p /tool bi°ai°e°°�e,°°e°► 6 o+i°@°e°see °@ Of °o°@ of C ieewoew@+++®+ 44-1.91 60*666 916 6f + eeeoe@@!@+e 0 '►i°►°o°+fie°+°a°e@oei®+°0 e►�►°►eo°+°i°®e+oi®a®+°+°i G °i°i°i°i°ee+i°@°o°a°►°+°e f+ ee+ewwwlee♦++ i9e1@Oi1-e+♦/a i1,gi!♦1114pep 17.30.030 Live Bait. Page 1 of 1 Title 17 HARBOR CODE* Chapter 17.30 HARBOR USE REGULATIONS 17.30.030 Live Bait. A. 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 17.50. B. Requirements for Live Bait Receivers. All live bait receivers used within the waters of Newport Harbor shall be provided with screen trays in the bottom thereof sous 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. C. Nonconforming Bait Receivers. Storage of live bait other than in a receiver conforming to the requirements hereof is prohibited. After three days' written notice to the owner of a nonconforming receiver, it may be removed by the Harbor Resources Manager and stored at the expense of the owner. D. Commercial Bait Boats and Receivers. All boats used to catch or furnish live bait or receivers shall, at all times, have aboard a covered receptacle in which shall be placed all dead bait. No person shall commercially operate a bait boat or a bait receiver without first obtaining a r qQJillilip to Chapter 17.10. Bait tanks on such boats when containing bait shall be covered at all times when in Newport Harbor by a cover which fits closely over the top except while bait is actually being transferred to or from the tank. E. Disposal of Bait. No person shall place or allow to be placed any live or dead bait in the unconfined waters of Newport Harbor except when it is attached to a hook or hooks in the act of fishing. F. Transfer of Live Bait. No person shall transfer live bait from one vessel to another vessel or sell the same at retail from a vessel within the limits of Newport Harbor, except when all vessels involved are moored to a pier and are within the pierhead line, except that during a period of adverse conditions of sea or beaches causing the transfer from offshore receivers to be hazardous, a location inside the harbor may be used with the approval of the Harbor Resources Manager. (Ord. 2008-2 § 1 (part), 2008) << previous I next >> http://municipalcodes.lexisnexis.com/codes/newportb/_DATA/TITLE 17/Chapter_17_3 0_... 05/ 12/2009 Tony Melum June 14, 1995 Page 2 I don't believe for a minute that a single city councilperson would put up with sitting on these docks if it were their property -- nor would you. Quite simply, it is a health hazard and it cannot be allowed to continue. My next letters and calls will be to the Orange County Health Department and the city councilpersons responsible for this area if we can't resolve this matter quickly. Thank you for your help with this problem. Sincerel Randy for Nann Von Oppenheim I `?.11�fTT ?_^26 `rELr"'ORT FUEL SERVICE, INC. s^ Edgwater Ave.-, Balboa ?1 paters adjacent to Lots 4,5,6 B1. 3 .�:,Talbo/ar yBayside Tr. one & fluff Applicant requests permission to have a live bait receiver tank dispenser. Arproved, subject to the conditions specified in Sect-lons 10154, 10163, 10164 and 10167 of Article IX of -he Newport Beach Municipal code and subject to the f,.irther condition that dead fish be disposed of daily. ,7AGEARS, Glenn 209 Palm, Newport Beach Lots 5-6-7 Block 5 Balboa Tact Zone C-1 -4tiTE Applicant requests permission to have on sale alcoholic overages 4n connection with a restaurant. Approved for a period of two years. 028 CONT-MENTAL PACIFIC INC. 7301 - 19th St., Npt.Bch. ?or. of Lot 1201 Newport :Mesa Tract Zone M-I-A :�< �.E Applicant reouests permission to construct and. operate a 100 plus bed convalescent hospital. NET -SON, .Tack 406 South Bay Front. B.I. .o- 4 B1. 7 Section 1 Balboa island Zone C-1 & t ;':P ica �t nee: ests permission to sell live bait from bait receiver. Approved, s-_:bject to the conditions specified in Sections 10154, 10163, 10164 and 10167 of Article IX of-' 'the Newport Beach Municipal code and subject to the `�-*^er condition that dead fish be disposed of daily. ?^ ^^A'" SERVICE INC. 81_4 E. Say Avenue, Balboa 'moots 5, 6, 7 ;lock H. Bay Front Section Zone C-1 & U �rl-cant requests permission to sell live bait from ^ai* receiver. A.---nroved, sul- ect to the conditions specified in .e tions 10154-, 1O163, 10164 and 10167 of Article IX Ne,,00rt ;:,each Municipal Cole and subject to the per c c n d tioans that de-�' fish be disposed of daily W at ...nS be submitted for the anproval of the Motion Second All Ayes; i j � I xi I i, 'K t Motion X Second ;xI All Ayes' Motion ix Second x; Ayes iX x;x'xx x X Noes Second ;x', All Ayes': USE PERMITS, UP-1026 1. C_ 0 2. ('3. 4- PUBLIC HEARING NEWPORT FUEL SERVICE, INC. 503 Edgewater Avenue, Balboa Waters adjacent to Lot 4-5-6 Bl. 3 Balboa Bayside Tract Zone C-1 & "U" Published March 20, 1964 Posted March 23, 1964 Applicant requests permission to have a live bait receiver tank dispenser. Action: Close hearing and, if in order, approve or deny. PUBLIC HEARING UP-1027 1. JAGEARS, Glenn 2. Lots 5-6-7 Block 5 3. Published March 20, 1964 209 Palm, Newport Beach Balboa Tract Zone C-1 Posted March 23, 1964 4. Applicant requests permission to have on sale alcoholic beverages in connection with a restaurant. Action: Close hearing and, if in order, approve or deny. PUBLIC HEARING UP-1028 I. CONTINENTAL PACIFIC INC. 7301 - 19th Street, Newport Beach 2. Por. of Lot 1201 Newport Mesa Tract Zone M-l-A 3. Published March 20, 1964 Posted March 23, 1964 4. Applicant requests permission to construct and operate a 100 plus bed convalescent hospital. UP-10291. 2. 3. 4. Action: Close hearing and, if in order, approve or deny. PUBLIC HEARING NELSON, Jack 406 South Bay Front, Balboa Island Lot 4 Block 7 Section I Balboa Island Zone C-1 & "U" Published March 20, 1964 ', Posted March 23, 1964 Applicant requests permission to sell live bait from bait receiver. Action: Close hearing and, if in order, approve or deny. PUBLIC HEARING /7- A�-8' BOAT SERVICE INC. 814 E. Bay Avenue, Balboa Lots 5, 6, 7 Block H Bay7ront Section Zone C-1 Published March 23, 1964 , Posted March 23, 1964 Applicant requests permission to sell live bait from bait receiver. Action: Close hearing and, if in order,, approve or deny UP-1031 1. De RUFF, Robert 546 So. Bay Front, Balboa Island 2. Lot 5 Block 15 Section I Balboa Island Tract Zone R-2 3. Applicant requests permission to make structural alterations to a duplex which has non -conforming setbacks; T' front yard setback instead of required 9', zero rear yard setback instead of required 5', and 2' side yard setbacks instead of required 3'. Action.- Approve or deny. CITY OF NEWPORT BEACH HARBOR RESOURCES May 6, 2008 Department of ABC 28 Civic Center Plaza Rm 369 Santa Ana, CA 92701 RE: Public Convenience and Necessity Finding for Ultra Marine Fuel Store Located 503 E. Edgewater Ave, Fuel Dock, Newport Beach, CA To Whom It May Concern, Through this letter, the Harbor Resources Department of Newport Beach is providing a finding of public convenience for the issuance of an off -sale beer and wine license (license type 20) for the property located at 503 E Edgewater Ave., Fuel Dock. The premises is located at the dock on the water, and it is under the jurisdiction of Harbor Resources Department of Newport Beach. The public convenience for the issuance of an alcoholic license at this location will serve the public who will be fueling their boats at the dock. Please feel free to call me if you have any questions regarding this matter at (949) 644-3043. Thank you, Chris Miller Harbor Resources Manager cmillergeity.newport-beach.ca.us (949) 644-3043 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 9 Website: www.newport-beach.ca.us/HBR/ 04/30/2008 10:01 FAX 9496750557 NEWPORT LANDING Z 001/001 1< ,9 ia Department of Alcoholic Beverage Control sts(e ern ZONING AFFIDAVIT ARNOLDSCHWAF�.'ENEGGER. Govovernor Instructions to the Applicant: Complete It ms 1- 14. Sign and date the form and submit it to ABC. 1. AP LICANT(S) NAME (Last TIME. middle) 2 PREMISE DORESS (Street nLIMW Arid rOe]e, cty. 415 Code) 3. PARCEL NUMBER OF PROPERTY (Otamn tram Q ��G County Aaeeamet Ocoee) /,5-,:30 4. TYPE OF LICENSE APPLIED FOR 6. U GRAOE OF LICENSE? LSGE8 Yes WNo 5. CURkENT t.ICENSe TYPE AT THIS LOCATION, IF ANY 1/ 7. TYPE OF BUSINESS [i.e., reataurant minknert pea atstlon. etc.) e. ARE THE PREMISES INSIDE THE CITY LIMITS? 0 Yes No or answers to Questions 9 - 14, contact y ur local city OR countyplanning department (if inside the city limits, contact gLty planning; if outside, contact cc yj!& planning. 8, HOW ARE APPLICANT PREMISES ZONED? STATE TYPE (.e., "C" oo nmerdal, "R" realaenual, etc.) A CONDITIONAL USE PERMIT (C.U.P.) NEEDED? 12, IF YES, DATE YOU FILED APPLICATION FOR C.U.P. 10. DOES ZONING PERMIT INTENDED USE? 11. I Yes � Na d ea, please emsch copy of recel orC.U.P.) es No 19. NAME OF PLANNER CONTACTED AT PLANNING DEPARTMENT C%r,`S Mali_9✓ }��+bay Resrr�rces 14. PLANNER'S PHONE; NUMBER C1�9) ��y=.3ov3 Under the penalty of perjury, I declare the nformation in this affidavit is true to the best of my knowledge. 15. SiGNATURE MigrvMlli 10. DATE S113NED F R DEPARTMENT US5 ONLY C.U.P. Approved IF APPROVED, EFFECTIVE DATE FILE NUMBER �- C,U,P. Denied DATE DENIED GENERAL INFORMATION -Section 23790 of the Business and Professions Code says Premises which had been used in the exercise of those that ABCmay not issue a retail license contrary to a valid rights and privileges at a time prior to the effective date of zoning ordinance. This form will help us determine whether the zoning ordinance may continue operation under the your proposed business is properly zoned for aIcOILOliC following conditions: beverage sales. (a) The premises retain the same type of retail liquor license within a license classification. -A conditional use permit (CUP) (Item 11) is a sp eial (b) The licensed premises are operated continuously zoning permit granted after an individual review o proposed without substantial change in mode or character of land -use has been made. CUP's are used in situatit na where Operation. the proposed use may create hardships or hazards 1 D neighbors For purposes of this subdivision, a break in continuous and other community members who are likely to I c affected operation does not include: by the proposed use. The ABC district office will of make a (1) A closure for not more than 30 days for purposes of final recommendation on your license application until attar repair, if that repair does not change the nature of the the local CUP review process has been completed. If the local licensed premises and does not increase the square footage government denies the CUP, ABC must deny your license of the business used for the sale of alcoholic beverages. application. (2) The closure for restoration of premises rendcred totally or partially inaccessible by an act of God or a toxic 73790. Zoning ordinances. No retail lieens shall be accident, if the restoration does not increase the square issued for any premises which are located in any t rdtory footage of the business used for the sale of alcoholic where the exercise of the rights and privileges con erred by beverages. the license is contrary to a valid zoning ordinance of any e .} l"C t )Q ®n I)b 1�vtA'it'rCl�ay"rd o�-TW E"lkheud) No CUP needed , 02/09/2005 18:01 9493613640 MTO�5 a J.}F- 1N'C IT, 1; LAYS 'AF; q, l+�RM%T APPLtc�s._10N •n;: �lOfiG M•,,.� 'prd, M#=V5 Now, 2. 10E+1 7LL_M4 ....__� iP1Sik�1CTiC`M�. .'<co3 4alrt�ll?-y ;`.te nr�TRaant e,k lsic :.eg�S :eceoscr.:.-+:c r_�• r- �e FrR�: a: All public Wrings, riiI cvt :.his a.ppltcat.i.n porAote=aAu• +-_az rc �: _ar,�t�:cc 11 ' .• i by five capita of a Plot. plava :�, s=esl.s+ +tad VIA enrrTWt dLsv'stc••-s ,1,: 1atai 4,1 boundAXICS, dxisti:sg r1,flJ�++c:><, prvposad a.lcar,aC40:4 And a"'Xk. rp- "tea rps:i,-ars msjai ait<n cor2i'AarF or ilc! ec.,i:, L! aU)F, r.tt.hirt thirty day= iSSrr '=a,t:•.• Apr^={ cnitor. :Pa1,1 be ravcs3el li n,+ a,red Within giyl:t,tee Weal•a Cr'r rrdr Arthur 9- ca�onekr 501, 303,- tsar a!4 4ts. ^. i. dPpikr;M-" �3' rich G•S ` L{f2 ge�'4ieh � R a 9ECx:q,�, '—�,., Y'Rr�CT �IYbed• $Lty, App:irjUOPo, it hereby MAdec fGY ?. ;.na Facc;e frv,e Ssrcicn 3LU3.5$� ) -----e• i Wit. 'It The conau0tlati of h� Paaalbnt eportfiehitlg buriae�e ass laastad A@ ii 0 iiain _ theYf+roi,oiad aaldtosr indldeltod hboylr. This bsaineui ineludod t'" follv+.ia� �i R d ...__.,^...� rtf#ghin boat. Charter board, =iebir� sklif rostra#rx p1,1 [tAy andhalf•day aya C boa -. __._.._-....- .. •-- bout daalltyR31frM YAwr bat! sales. WakY• store & ticket a!ficof Glaaaper � .��. gratt,oard slag and arr+ric*0 $ + addition to the proaant�Aaaociateal ' arinm inGiC. k saaLY1 e4tfoe •trap •oal>i be inoorPorat� in the teein bnlidia; _...M ,t ,- ;t 5 _! _ _ _ _ __ .- �. - W_ �.._...-.•_ . 'Cher^.,TC '...-.9kfCCCi aSta:1°e,l r;a a^L r,•. •i,; !? ra: t. of ",l:i+ applkc;t ^. •.:t° M'•�"'`">' `--=_.� Thee cttt i tu ti,c foresonti tmm:, life �r•Y;^tt<. drauL[4CAr FLP'+' Trci snecAl':e�[.]'.r� ,_r ta:;' and +`:, IS cl"rrwrac! thtfe Pt.to,i.t :Ail: n,` aiiC ctt4•'••'erR4!:- JPfF �, `,'+'�`1 rk$i•_'tng nr -aarK11^9 in the rrirlhydriaceo. L furcha.r euasert -o Z7.f 97r&-1 �•:ad Ls, teliaaca LhetACM bRing ul�l, ace voidtlu, the Kant tbeV .arc nqt rzvT f �' A Vs peach d734749 14 iiCM! kddctrr Sls;n�racm of CV-ese er Ap .ic.sgtr�''sd§"Y.trx,':ti..:,Y rn. •,•yrt � xWxxkX V"xaKMYii+iyuA�K,k,K71.7r.,I�,0.71.�V:XrCxx-AiJ" inti7<<.a.A�!�1`-.1� '1 7:R,f¢ll:i. p TFiOr+ R secarA •Y1+� .L�ai.,!AR1M�VW.UU, tl1Satta Use $etnat i.a ibYA��" agaacies apitlicant sab�ect !,o ragoirePtausg Ot all RnverRtax ham`•"y f'1I13.1LJS1 y G subjecL to the fa LlPwLnff' 1- gh+e rec4+..aa UPaa of the Tire paprrtrant bs c-"Plisd AfYtlt• — aST.,,e-r,� ,7 FKe aa> eve ��pdi.;io-1 rr �i{�EktritkRisstRe?-txPrrr:nrcx:>.,�.m,.w...a�,., .'- adny P"'" o a rawist► aF st,r svtd�g4 �•i1a�dd tsatl[ .� FzNn:NGS GF PtANNI1Kr COMlir9S'axc,uPn _ - - at• Lttp e:rcuma=ate*�_ arUC04 at for waging Y�,a tow"16e,Lox. gw.ad sad 40tan4L t4ator ad_ of xha 0grttetttitr edi9t the grantL-19 of tbta use ei1[ L +Avtd t+ot be daCtFimatttaS to the hpeace. arrralo, coaFdKC had Reasri►1 rwlCaYr pf yard+�ne raeidi ar wardj-kd health, saPaGYr p t aitg r'isood . /u eyC Ca Rho �4buYC4acLC^� LaY+I. Lhc#e[ara, teca.aoa4ed ritaprora t Oesn[,/• APPROV90 - by the APPROVE By Ctey Plesls�n: o'm ivsion lg day of 4 �-• on f—"+.. .arQ,rry C S'J4 fC�t—,.' eY �•••� .Y Y' p�.cie'faiy orS tsenwia• Ca_tfcs^ia N,1v},aTt Beach City ?1A11A1E% 4f,=tx4iQv 02/09/2005 18:01 9493613640 PAGE 01 WN I¢�"� CITY OF NEWPORT BEACH FINAL LETTER - COMPLETE HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660 Tom Rossmiller - 949-644-3041 / Chris Miller - 949-644-3043 FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915 Nadine Morris - 949-644-3105 NEWPORT LANDING MARINA ATTN: DOUGLAS SALISBURY 17042 GILLETTE AVE. IRVINE, CA 92614 Dear Commercial Pier Permittee, Permit number: HC2004-065 Location : 503 EDGEWATER PL Status: CLOSED 12/21/2004 [Iz-'�-c; This is an acknowledgement letter stating that you have successfully corrected the violations previously noted in the City report that was sent to you earlier this year. Your docks have met the minimum standards as set by The City of Newport Beach Municipal Code. Your actions will help reduce the potential for fire related injury and property damage in Newport Harbor. Please remember that -it -will be your responsibility to ensure that your docks maintain this level of safety in the years to come. The Harbor Resources and Fire Departments will be conducting routine inspections of your property in the future. Thank you for your compliance. Please feel free to give us a call if you should have any additional questions. CHRIS MILLER - HARBOR RESOURCES SUPERVISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page 1 of 2 CITY OF NEWPORT BEACH FINAL LETTER -COMPLETE 'a.��P'1113��• HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660 Tom Rossmiller - 949-644-3041 / Chris Miller - 949-644-3043 FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915 Nadine Morris - 949-644-3105 NEWPORT LANDING MARINA ATTN: DOUGLAS SALISBURY 17042 GILLETTE AVE. IRVINE, CA 92614 DATE COMMENTS Permit number: HC2004-065 Location : 503 EDGEWATER PL Status: CLOSED 12/21/2004 - Other 11/03/2004 Replace missing pedestal cover by the jet skis. All electrical enclosures shall be protected from the weather or in listed weatherproof enclosures. NFPA 3.13.1A 12/21/2004 It is strongly recommended that all pedestals be protected from weather. The pedestal by the jet skis is missing a cover. It is the pier permittee's responsibility to ensure that the docks are in safe condition. Please replace this cover as soon as possible. CHRIS MILLER - HARBOR RESOURCES SUPERVISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page 2 of 2 gent By: PELICAN*DEVELOPMENT; 949 251 0524; Dec-6-04 12:55PM; Page 1/2 Salisbury Enterprises, Inc. 17042 Giliette Avenue Irvine, CA 92614 (949) 251-4880 .Fax (949) 251-0524 December 6, 2004 Via Fax (9491673-8274 and (949 496-9632 John Van Dixhorn, President K.D.L. Services, Inc. 34661 Puerto Place Dana Point, California 92629 Re: Pier/Dock Inspection and i.:ompliance Dear John: Attached, please find another copy of my letter to you of November 15, 2004 which has gone unresponded to. Friday, I received another call from Chris Miller concerning the still unreplaced electrical outlet cover on the .let Ski dock pedestal. He was down at the end of November to re -inspect and was not happy to see it in the same condition. I went down over the weekend and confirmed that the cover still has not been replaced. Ifk is not replaced inmvAiately, Chris will levy the lirst line of $100.00. If the cover is on order, he will accept a copy old your purchase order or a confirmation from the supplier. John, I have sent you a series of written requests to attcud to this item, all of which seem to be simply ignored, I have also warned you to expect tines from the City if you do not respond as required. This is your Iasi warning. Please keep me in the loop with the City and Chris N iller as to the status. 'fiery truly, nouglas .Salisbury President General Panner/Landing Associates DLS:sj Attachment cc: Chris Miller (via fax 949-723-0589) Sent By: PELICAN*DEVELOPMENT; 949 251 0524; Dec-6-04 12:56PM; Page 2/2 1-- ( Salisbury Enterprises, Inc, t� 17042 Gillette Avenue Irvine, CA 92614 (949) 251-4880 Fax (949) 251-0524 November 15, 2004 1 Via Fax 949 673,8274 and 949 496-9632 John Van Dixhorn, President K.D-L- Services, Inc. 34661 Puerto Place Dana Point, California 92629 Re: Newport Landing Fuel Dock Dear John - The enclosed letter was received today from the City of Newport Beach based on their latest inspection - As you can sec, the only unresolved and unresponded item left is your replacement of the missing electrical pedestal cover by the Jet Skis. This roust be corrected on or befbrc N<?vcrnber 22"' or a fine may be levied. Please take care of this right away and advise me in writin ►when it has been completed. I have made four (4) written requests (and several oral ones) of you since August to provide me with a copy of your final 2003 financial statements, along with copies of your 2004 monthly statements from January to the current date (through 10/31 /04). however, nothing has yet been received. Joint, these reports are a requirement ofyour Lease:_ lfyou want to sit down and discuss possibilities lbr the future. we need to start by providing ne the required historical reporting. Very truly - Douglas L. Salisbury President (►eneral Partner/Landing Associates DLSaj Attachment cc_ David Salisbury SaCtsbury Enterprises, Inc. 17042 0—lette Avenue Irvine, CaCifornia 92614 (949) 251-488o August 4, 2004 Tom Rossmiller Manager Harbor Resources City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92660 Re: Newport Landing Marina Permit #HC2004-065 503 Edgewater Place Dear Tom: 11 Z ,50-5 Thank you to you and Chris for your time and input during the May 4t' inspection of our dock facilities and berthing practices at the Newport Landing Marina. This is to advise you that as of July 31, 2004 we have responded to and made all requested corrections to your comments set forth in your report dated May 13, 2004. Please schedule your reinspection to verify compliance at any convenient date. Should you wish me to meet with you or Chris at the property, I would be happy to do so. My office telephone number is (949) 251-4880. Very truly, Douglas L. Salisbury President General Partner/Landing Associates DLS:jh cc: David Salisbury Mike Galaviz John Van Dixhorn' July 20, 2000 Newport Landing Sportfishing & Charters 309 Palm St., Suite F Newport Beach, Ca 92661 Re: Vessel Newport Belle Sirs: The City of Newport Beach has received complaints regarding the route used by the your captains on the charter vessel Newport Belle. The complaint is that the vessel is coming too close to the bay front homes by using the narrow channel between the offshore moorings and the bay front residences. I have attached a map indicating the approved routes for charters. Please ask all your captains to consult this map and adhere to these routes. In our phone conversation I did not mention that citations might be issued in the event this happens in the future, but that possibility exist. If you have any questions regarding this matter, please call me at 949-644-3043. Your cooperation will be greatly appreciated. Sincerely, /�� , �-'- -,-,( Wes Armand Harbor Inspector Harbor Resources Cc: Glen Everroad Tony Melum 3300 Newport Boulevard, Newport Beach P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 July 5, 2001 Landing Associates 17042 Gillette Ave Irvine, Ca 92714 Re: Commercial Harbor Permit Dear Sirs: Landing Associates has a commercial permit under the name of Newport Landing gas dock, a commercial fishing fleet and boat rentals. The City has received a core boat rental concession. Specifically, the complaint is that the concessionaire has si bulkhead that exceeds the square footage allowed by the City's Harbor Permit Pol no sign be permitted beyond the bulkhead lines that exceed 4 square feet in total a. An inspection conducted on July 5, 2001 verified that there are signs beyond the boat rentals that exceed the 4 square feet in total area. Please take whatever steps are necessary to bring the boat rental concession into Policy. Your cooperation in this matter will be greatly appreciated. If you require to this matter, please contact me at 949-644-3043. Sincerely, Wes Armand Harbor Resources Division Cc: Tony Melum viding for the public nt in regards to the bayward of the ;. The policies state line advertising with the City information in regards 3300 Newport Boulevard, Newport Beach Salisbury Enterprises, Inc. 17042 Gillette Avenue Irvine, California 92614 (949) 251-4880 June 19, 1998 VIA FAX (949) 673-3056 ORIGINAL BY MAIL Mr. Tony Melum Deputy Chief Marine Division City of Newport Beach Post Office Box 1768 Newport Beach, California 92658-8915 Re: Newport Landing Marina Personal Watercraft Rental Business Dear Tony: This letter will serve to advise you that the operation of our personal watercraft business (dba: Walk On Water) located within the Newport Landing Marina will now be run by Offshore Watersports. Offshore also operates a successful personal watercraft rental business located in Long Beach. This rental operation will continue to operate under the trade name "Walk On Water" and shall rent and sell personal watercraft only (i.e., wave runners, jet ski, kayaks, small jet boats, fishing boats and/or other similar approved personal watercraft) as it has for several years at this location. The number of motorized personal watercraft will not exceed 18, and there will be no adverse effect or impact on the parking, as the use is identical to that which was previously approved for our marina --- the only difference being a new tenant will be operating the business. Offshore Watersports intends to apply for its separate Business License with the City today and hopefully begin operations this weekend. In the event you have any questions or require any additional information, please do not hesitate to call me (or have Wes call me) right away. My office number is (949) 251-4880. Very truly, Douglas L. Salisbury, President General Partner/Landing Associates DLS:jh cc: Todd Schimmelpfennig David Salisbury NEWPORT BEACH FIRE AND MARINE DEPARTMENT June 11, 1999 Landing Associates 17042 Gillette Ave Irvine, Ca 92714 Re: Harbor Permit violation Dear Sirs: This office has received complaints from residents near your tenants' boat rental and gas dock businesses_ Specifically, the complaint is that both businesses have signs that exceed the size specified in the City of Newport Beach Municipal Code Section 26.B."No sign permitted beyond the bulkhead lines shall exceed 4 square feet in total area." A field inspection verified that the signs do exceed the above mentioned code. Please replace these signs with ones that comply with the city policy. If you require additional information in regards to this matter, please call 644- 3043. Sincerel , Wes Armand Fire and Marine Environmental Management l/z' April 2, 1996 Mr. Tony Melum Deputy Director Marine Department City of Newport Beach Post Office Box 1768 Newport Beach, California 92658 Re: Commercial Harbor Permit Newport Landing Marina Tenant Changes Dear Tony: SALISBURY ENTERPRISES, INC. Our two six (6) passenger fishing charter boat subleases have now expired, and we have changed the use of this marina space back again to a personal watercraft rental business (jet skis, kayaks, Sea•Doos and Wave Runners). Our new tenant is Walk On Water, Inc., currently located adjacent to the Balboa Island Ferry Landing. They will be closing their Balboa Island rental facility shortly and be moving it over to Newport Landing. Their new Sublease is effective April 1, 1996 and runs for a period of 37 months. They have a three (3) year option to extend the term and remain in our marina. They are very professional operators, and we are looking forward to their long term tenancy. The change of uses back to a personal watercraft rental/sales operation will have no effect or impact on our parking as the use is identical to that which was previously approved and experienced in our marina. As always, we like to keep you and the Marine Department aware and informed of any changes that occur within the marina portion of our development. Should you have any questions, please do not hesitate to call me right away. Very truly, Douglas L. Salisbury President General Partner/Landing Associates DLS:sd cc: David Salisbury 17042 Gillette Avenue • Irvine, California 92714 • (714) 251-4880 • Fax (714) 251-0524 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS 300 NORTH LOS ANGELES STREET LOS ANGELES, CALIFORNIA 90012 IEPLY TO ATTENTION OF: Office of the Chief Regulatory Branch Mr. Tony Melum Tidelands Administrator City of Newport Beach P.O. Box 1768 Newport Beach, California 92659-1768 March 11, 1996 SUBJECT: NOTICE TO PROCEED (File No. 96-00153-MFS) Dear Mr. Melum: Reference is made to your letter dated August 28, 1995 in which you submitted on behalf of the Franklin Properties at 503 East Edgewater Drive, a notification for the maintenance dredging of 140 cubic yards of sand and silt material by hydraulic suction and disposal of the dredged material on the adjacent beach. Based on the furnished information, we have determined that the proposed maintenance dredging activity complies with the terms and conditions of Permit No. 89-211- GS provided that the Franklin Properties Laboratory's contractor does not exceed the maximum dredging design depth of -5 feet MLLW with a maximum allowable overdepth of - 1 foot MLLW. Thank you for participating in our regulatory program. If you have any questions, please contact Mark F. Sudol of my staff at (213) 894-0351. Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch August 1, 1995 Mr. Tony Melum Deputy Chief Marine Department City of Newport Beach Post Office Box 1768 Newport Beach, California 92658-8915 Re: Forced Sand Erosion Adams Street, Balboa Dear Tony: SALISBURY ENTERPRISES, INC. We received a copy of your recent letter in respect to the considerable forced sand erosion which occurred at the City street end of Adams Street during May 12 through and including May 14th. The erosion occurred as a result of the fee owners' contractor, Clean America Recycling, ejecting the discharged filtered water from their water filtration system directly over the side of the bulkhead onto the sand rather than through a discharge line extended out into the bay on the top of the existing groin wall. As soon as we became aware of this problem, we promptly notified the fee owners' representative, Mike Franklin (verbally and in writing) about the problem, as well as their contractor directly, with a request that they properly install the discharge line out into the bay for use during high tide cycles when the street storm drain could not be used for the water discharge. The water filtration system and discharge was authorized and permitted by the California Regional Water Quality Control Board (NPDES Permit) applied for and issued to the fee owners of the property. The equipment was installed in the street end under a Temporary Street Closure Permit issued to the fee owners. Neither Newport Landing Restaurant, Newport Landing Marine Fuels nor Landing Associates had any control over the fee owners, nor did any of these entities have any responsibility for the actions of the contractor. Clean America Recycling was totally under the control and direction of the fee owners (Franklin, Ray and Hadden) pursuant to the terms and conditions of their contract with their contractor. 17042 Gillette Avenue • Irvine, California 92714 • (714) 251-4880 • Fax (714) 251-0524 Mr. Tony Melum Deputy Director August 1, 1995 Page Two We did not want you, Nann Von Oppenheim or anyone else to misunderstand who Clean America Recycling worked for, how the various permits were issued or who we consider to be the responsible party for the sand erosion which occurred during the May 12th through 14th period in question. As a result of the forced erosion, a good portion of the sand that was misplaced ended up within the Newport Landing Marina. We notified the fee owners of the situation on May 15th, and have requested that they make arrangements directly with your department to obtain the required dredging permit and dredge the sand (including the sand deposited into our marina area as a result of the forced sand erosion at the street end) back onto the appropriate areas in front of 427 and 423 East Edgewater and the street end as requested by Nann Von Oppenheim and as required by our department. Should you have any questions or concerns remaining in regard to the forced sand erosion situation, please do not hesitate to call me at 251-4880. Very truly, Douglas L. Salisbur President General Partner/Landing Associates cc: Mike Franklin Walkie Ray Patricia Hadden Ken Nelson David Salisbury Nann Von Oppenheim (507 W. Edgewater Newport Beach, CA 92661) 11z'a� SIBLING ASSOCIATES July 25, 1995 Dear Doug: Thank you for your memo of July 21st. I took the liberty of contacting Mr. Tony Melum, Deputy Director of the Marine Department at the city of Newport Beach, who informed me that, in his opinion, no structural damage has resulted from recent dewatering operations. He noted that he has been in touch with Ken Nelson and, apparently, Landing Associates is taking action to perform dredging to restore sand in front of 427 and 423 East Edgewater. I am aware that Clean America's dewatering discharge pipe probably was initially located too close to the sea wall and that some change to the contour of the sea bottom may have occurred as a result. According to Mr. Melum, who has been with the City for 17 years, Landing Associates has periodically had to dredge the marina. The process of dredging, of course, ;creates a "hole" into which adjacent sand slowly falls. Thus, dredging is a normal part of on -going maintenance at Newport Landing. According to Mr. Melum, dredging permits were obtained by Landing Associates in September of 1989 and February of 1992, or at approximately 21/2 year intervals. Obviously, more than 21/2 have elapsed since February e: \waUde51 \sa1isbur.1e6 2699 White Road • Suite 150 • Irvine, California 92714 0 (714) 222-5775 Mr. Doug Salisbury July 25, 1995 Page 2 . of 1992 and I assume you have made arrangements to perform normal dredging work. In the event dredging operations now are greater than normal as a result of recent dewatering, I would appreciate your calling me with the details. At this time I do not believe there is any reason for the fee owners to correspond with Mr. Nann Von Oppenheim (please accept my apologies if it is "Ms."). I am, however, sending him a copy of this letter and ask that he call me directly if he has any questions. Yours truly, V � James W. Ray Co -Executor Estate of Hazel M. Ray JWR:sr cc: Mr. Mike Franklin Ms. Pat Hadden Mr. Tony Melum\City of Newport Beach Mr. Nann Von Oppenheim (via fax 714-673-1339) e: \w&We5I \salisbur.Ie6 SEW PpR� ° CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 `l 0 July 11, 1995 Landing Associates Ken Nelson, Project Manager 17042 Gillette Avenue Irvine, Ca 92714 Re: Maintenance Permit - Newport Landing Marine Fuels, 503 East Edgewater Re -Pipe Fuel Dock Dear Ken: As we discussed during the week of June 12, 1995, the de -watering for the installation of the fuel tanks adjacent to your marina has caused considerable erosion at the City street end, and could possibly jeopardize the City bulkhead, sidewalk and storm drain in that vicinity. As stated in Section 4-F of the Harbor Permit Policies, titled General Provisions for Harbor Permits, "the permitte is responsible for all liability for property damage which may arise out of the work herein permitted." The City is therefore looking to you as the permittee for the maintenance permit for the above construction, to repair the City street end and return it to the condition it was prior to the de -watering at the site. In that regard, we would be happy to meet with you on site and establish the level of sand that must be replaced in that particular location. We are concerned regarding damage to the storm drain and to the City bulkhead and sidewalk, so it is important that the resolution of this matter be expedited. If you have any further regarding the above, please contact me at (714) 644-3044. Sincerely, �a Avtt� Tony Melum Deputy Chief 3300 Newport Boulevard, Newport Beach Nann Von Oppenheim 507 West Edgewater Newport Beach, CA 92661 714-723-4567 FAX.• 714-673-1339 July 11, 1995 David Salisbury, Owner ,Ken Nelson Newport Landing Restaurant 503 East Edgewater Newport Beach, CA 92661 RE: Beach Erosion at Edgewater/Adams Sea Wall Gentlemen: As you are well aware, the contractor in charge of removing the water from your construction site behind Newport Landing Restaurant caused a major hole to be dug in front of yours and the city's sea wall at Adams Street. This erosion of the beach sand has seriously undermined the sand which holds up the sea wall and city sewer pipe and the pilings for my pier at 427 East Edgewater. It is my understanding that it is your intention to have dredging done as soon as possible by the contractor at fault. Meanwhile, the dry beach in front of my property is sliding away and showing even greater amounts of my pier pilings. I don't agree with your suggestion that I could loan you funds to pay for the repair dredging if I'm concerned about the speed at which you might proceed. I am well aware of the minimal cost to repair this damage before it actually causes much greater damage to your neighbors. Since it was your contractor, I feel it is your obligation to press them for immediate satisfaction. This is what I would do if the situation were reversed. Please give me the contractor's I.D., etc. so that I might discuss with them the added costs to them if they do not proceed swiftly. Finally, I've voiced these concerns to Tony Mellum of the Newport Beach City, Marine Department. He has viewed the damage personally with me and stated that he would provide you with a permit to dredge at the earliest possible tides. David Salisbury & Ken Nelson .Newport Landing Restaurant July 11, 1995 Page Two Thank you for your prompt attention, I would hate to see all that newly finished work on my pier go to waste. Sincerely, YlJ Randy Brown for Nann Von Oppenheim Enclosure: Letter to Tony Mellum Tony Mellum Nann Von Oppenheim 507 West Edgewater Newport Beach, CA 92661 714-723-4567 FAX.• 714-673-1339 June 28, 1995 Tony Melum Deputy Director Marine Department City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 RE: Bayside Sand Erosion at Newport Landing & Adams Street Dear Tony: am writing this letter to you to be sure that we are on record about our distress over the rapid and unnatural erosion of the beach sand along the front of our property at 427 and 423 East Edgewater. As you are well aware, an accelerated erosion problem has existed since Newport Landing has been dredging next door to us for their commercial facility. During the past six -to -eight years, we have seen the sand loss cause our pier pilings to sink 1/2" per year to the point that our landing and pier is now submerged at high tides by over two inches. In June of 1995, we re-covered our pilings with new wood as maintenance, but also added height to the timbers to alleviate the high tide swamping. Unfortunately, in May/June 1995, the contractors at Newport Landing washed out a huge hole at the end of Adams Street at the seawall by not providing the correct distance for their pumped water to be deposited beyond the beach at low tide (reverse dredging). Therefore, we are once again being undercut to the distinct detriment of the supporting foundation for our newly finished pier. Furthermore, we can see that the public seawall and street plumbing is being adversely affected by the loss of sand foundation — this is of direct concern to your office. Tony Melum June 28, 1995 Page 2 Please advise the proper parties that they will be held responsible for any damages caused to both public and private properties and issue immediate emergency (if necessary) permits for pumping the sand back to its proper location as soon as it is physically (moon tides) possible. will send a copy of this letter to Newport Landing as well as a separate letter to them requesting their attention to this repair work before any greater amounts of monies are lost due to further damage while waiting for the offending party to pay for the dredging. Sincerely, Randy Brown for Nann Von Oppenheim Nann Von Oppenheim 507 West Edgewater Newport Beach, CA 92661 714-723-4567 FAX.• 714-673-1339 June 28, 1995 Tony Melum Deputy Director Marine Department City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 RE: Bayside Sand Erosion at Newport Landing &Adams Street Dear Tony: I am writing this letter to you to be sure that we are on record about our distress over the rapid and unnatural erosion of the beach sand along the front of our property at 427 and 423 East Edgewater. As you are well aware, an accelerated erosion problem has existed since Newport Landing has been dredging next door to us for their commercial facility. During the past six -to -eight years, we have seen the sand loss cause our pier pilings to sink 1/2" per year to the point that our landing and pier is now submerged at high tides by over two inches. In June of 1995, we re-covered our pilings with new wood as maintenance, but also added height to the timbers to alleviate the high tide swamping. Unfortunately, in May/June 1995, the contractors at Newport Landing washed out a huge hole at the end of Adams Street at the seawall by not providing the correct distance for their pumped water to be deposited beyond the beach at low tide (reverse dredging). Therefore, we are once again being undercut to the distinct detriment of the supporting foundation for our newly finished pier. Furthermore, we can see that the public seawall and street plumbing is being adversely affected by the loss of sand foundation -- this is of direct concern to your office. Tony Melum June 28, 1995 Page 2 Please advise the proper parties that they will be held responsible for any damages caused to both public and private properties and issue immediate emergency (if necessary) permits for pumping the sand back to its proper location as soon as it is physically (moon tides) possible. I will send a copy of this letter to Newport Landing as well as a separate letter to them requesting their attention to this repair work before any greater amounts of monies are lost due to further damage while waiting for the offending party to pay for the dredging. Sincerely, 44 A'4-t�j Randy Brown for Nann Von Oppenheim Dann Von Oppenheim 507 West Edgewater Newport Beach, CA 92661 714-723-4567 FAX.• 714-673-1339 June 14, 1995 Tony Melum Deputy Director City of Newport Beach Marine Department P.O. Box 1768 Newport Beach, CA 92658-8915 Dear Tony: hope that our meeting at Newport Landing clarified for you the problem we and the surrounding neighbors have with the attractive nuisance caused by the commercial bait tanks in front of the Newport Landing Restaurant. As you can clearly see, the area directly surrounding the bait tanks is both a health hazard from bird excrement as well as a visual and personal nuisance to our neighborhood. Speaking for myself, owning a property adjacent to these bait tanks costs me losses in revenues annually when my boat slip and apartment tenants give "bird filth" as their reason for moving away from my establishment. As my photos and your personal observation shows, the present form of bait tank covering has NO deterrent effect on the sea gulls, pelicans, commorets, and night herons at all. Every day we have to wash off a thousand new dropping or the result becomes thick enough to coat the surrounding boats and docks in solid bird waste. If necessary, I will circulate a petition in the neighborhood to prove that we are all fed up with this commercial concern making money at the expense of all the surrounding neighbors. We would all prefer that the fishing community get their bait at the off -shore barge where the health problem would not exist from the constant bombardment of bird filth. 02/04/2005 11:03 9493613640 PAGE 03 w a IN) r l W W YJ ZO 30Vd Bb9£T9£6ti6 £B:TT 999Z/PO/ZO ZB 39Vd 9b96Z966b6 60:ZZ 500Z/PO/ZE SALISBURY ENTERPRISES, INC. March 9, 1995 Mr. Tony Melum Acting Director Marine Department City of Newport Beach Post Office Box 1768 Newport Beach, California 92658 Re: Harbor Permit Application No. 112-503 Landing Associates Underground Storage Tank Project Dear Tony: Pursuant to our telephone conversation of earlier today, your Department shall be advised that our Underground Storage Tank Replacement Project is tentatively scheduled to commence on or about April 5, 1995.. Approvals of our Plans have been received by the following City of Newport Beach Departments on the dates indicated below: February 15, 1995 Building Department Plan Check No. 2226-94 February 15, 1995 Fire Department Plan Check No. 2226-94 February 9, 1995 Public Works Dept. Encroachment Permit No. EP95-32 Please Let me know right away if any further action is required by the applicant in this matter. Thank you for your assistance and timely response. Yours truly, Ke4nN elson Project Manager KN:sd cc: Douglas L. Salisbury David A. Salisbury 17042 Gillette Avenue • Irvine, California 92714 • (714) 251-4880 • Fax (714) 251-0524 October 31, 1994 HAND DELIVERED Mr. Tony Melum Acting Director Marine Department City of Newport Beach Post Office Box 1768 Newport Beach, California 92658 Re: Maintenance Permit Newport Landing Marine Fuels 503 East Edgewater Re -Pipe Fuel Dock Dear Tony : _... SALISBURY ENTERPRISES, INC. Pursuant to our meetings of October 20, 1994 and earlier today, I herewith enclose our application for a Maintenance Permit to be issued by the Marine Department to allow Landing Associates to replace existing single wall pipe and re-route a portion thereof with Federally mandated double wall pipe to serve the fuel dispensers on the fuel dock. Our check number 0977 in the amount of Sixty Dollars ($60.00) is enclosed. A rough draft drawing of the proposed routing of the new pipe is enclosed. I realize the City Council must approve this application and I am hopeful this can be expedited so that an early approval may be attained. Time is of the essence since we hope to actually start construction during the first week of January 1995. Please let me know right away if you need additional information. My office telephone number is (714) 251-4880. Yours truly, 7zr!S_ Ken Nelson Project Manager KN:sd Enclosure cc: Douglas Salisbury David Salisbury Deep Inc. 17042 Gillette Avenue • Irvine, California 92714 • (714) 251-4880 • Fax (714) 251-0524 NAME E,_,,'an K1�`n ADDRESS OF PROPOSED FACILITY PERMIT # r MAILING ADDRESS /'� /'^� f O C 49d t..{,J I-ef- �D� fz � TELEPHONE NO. -- FEE DATE APPROVED BY: DATE APPLICATION OCHD ❑ IS HEREBY MADE FOR A HARBOR PERMIT To - C6M6iRYCT18F.yyS�q do �rl:� •' J • �h ENGR _- �`� � AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES COUNCIL AND THE ATTACHED DRAWING BY nndKe✓ ❑ ..T3� PUBLIC WORKS '.DEBT. /- Q r► COMPANY DATED ��r7 7 ESCROW ❑ DATE INSPECTION ❑ �, SIGNAT J% --------------- - v lul I IUNJ: CITY OF NEWPORT BEACH, CALIF. - -- - - -. WX FORM 664010 I i v►,slfi.�l 74, �a4►c//�� f �hc%� - �yo ,Vw�r.1 3'Ot/01or,wgs wie• e44wre•s.. .. .�.. �..� .- I•Ip .. • a/e•+ tireo.r 'Ls.vp ` : • wr `7M►i Mom. tower •! IFa'& 0,00,, �...•� ! .o,r e,e iv�!Ni..:wes are es/o•�'I'sho iw rA.= aee%.•..:•lNlr•••% ilk. oil Q� 4XW_. iT July 21, 1995 Mike Franklin (VIA FAX) Walkie Ray (VIA FAX) Patricia Hadden (VIA Mail) Re: Beach Erosion and Dredging Dear Mike, Walkie and Pat: SAL,ISBURY ENTERPRISES, INC. We recently received a copy of the attached letter written to the Newport Beach Marine Department by our neighbor at Newport Landing. It came with a not so nice cover letter directed to the Newport Landing Restaurant management. The large amount of sand that was Recycling undermined the sea wall, pilings for Ms. Von Oppenheim's pier portion of this sand also ended up Landing Marina. This situation t Please refer to my earlier letter t follow-up letter dated July 3rd. blown away by Clean America the city sewer pipe and the at 427 East Edgewater. A good in and settled in the Newport ccurred on May 12-16, 1995. o Mike dated May 15th, and my We worked very hard to try and keep all of our neighbors as happy as possible during the UST project. We feel that it is imperative that Ms. Von Oppenheim receives an appropriate and timely response, and would request that it come from you at this time. We would also appreciate a copy of your response to Ms. Von Oppenheim, along with a response as to your intentions and schedule for removing the sand that was forced inside the Newport Landing Marina as a result of the pressured sand erosion at the sea wall as a result of your contractor's actions. Thank you for your prompt attention to this matter. it is important to,us and to our tenant, the Newport Landing Restaurant. Very truly, Douglas L. Salisbury President General Manager/Landing Associates DLS:sd Enclosure cc: Tony Melum Nann Von Oppenheim Ken Nelson David Salisbury (VIA FAX #714-673-1339) 17042 Gillette Avenue • Irvine, California 92714 Agenda Item No. 14 CITY OF NEWPORT BEACH Marine Department November 16, 1994 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 112-503 BY LANDING ASSOCIATES TO REMOVE AND REPLACE EXISTING FUEL TANKS AND PIPING AT 503 EDGEWATER Recommendation: If desired, approve the application subject to the following conditions: 1. Approval of the City Building Department. 2. Approval of the City Fire Department. 3. Approval of the City's Public Works Department. Discussion: This application is before the City Council as required by Section S.C.3 of the Harbor Permit Policies which states: 5.C.3 "Prior approval of the City Council will be required before issuing a permit for shore -connected structures when the upland property is zoned commercial." The applicant is being required by State and Federal law to upgrade the existing fuel storage tanks at the fuel facility at 503 Edgewater. The current tanks are of single wall construction and located behind the Newport Landing Restaurant. New law requires that single walled tanks be replaced with double wall tanks. The new tanks will occupy the same location as the older tanks. In addition to the double walling of the tanks, there will be double wall piping installed. The piping will exit the tanks under the building adjacent to Adams Street. They will then be placed under the sidewalk out to the bulkhead. They will exit the bulkhead, and be installed within the dock system itself. The applicant will also install electronic monitoring which will detect any leakage in the tanks or in the double wall piping. Tony Melum Acting Marine Director l Q1 PO °> CITY OF NEWPORT BEACH {. U 1 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 c �P q�/FpRN November 14, 1994 Property Owner Re: Application by Newport Landing Marine Fuels to re -tank and re -pipe the existing underground storage tanks and piping. Dear Property Owner: At their next scheduled meeting on November 28, 1994, at 7:00 p.m. in the Newport Beach City Council Chambers, the City of Newport Beach City Council will consider an application by Newport Landing Marine Fuels to re -tank and re -pipe their existing marine fuel operation at 503 East Edgewater, Newport Beach, California. If you have any questions or concerns regarding this application, please contact me at (714) 644-3044. Very truly yours, To�y��uu►.� Acting Marine Director 3300 Newport Boulevard, Newport Beach -10MC CW vc X 9w of M-, SL .4'01,c lip AL Tkl • A M ir 000 A *Soso, -20 VICINITY SKETCH DAY, C0441104000A pt COP* WO�Opcvslraf Ort Awrt; *,Ice 04-are dwR/ws 66.40ow -*Pea" I-Xovr" ;saw IWbovr. Ala,fammo— .ra,mpe ool' Olve-0. Ncwscp -*dne.N in VA#s .'secole" Op:*#v4dw:~/ %Gr v'l r.&IAAtG 'Pious; 7 i; AIX Vr I r� pipgzc w T-r '*'w NN ur, mokir, L4A (079 r4 t=l Ww 7kA cr A K f:TS%\. 06%H CP U d 461 W th LIPSl- a rzo i*w %N ArL4- 14-r U, 5,13 U t- KL4 eA-D Plog PrMIZA cw&I lAet:--97— elz-v,,31w4t-1 tvA., NEWP��XT LANDING MARINUMUS 503 E. Edgewater Newport Beach, cA. . yzo6 i October 18, 1994 Mr. Tony Melum City of Newport Beach MARINE DEPARTMENT Post Office Box 1768 Newport Beach, California 92658 Dear Mr. Melum:. Newport Landing Marine Fuels is planning to re -tank and re -pipe the existing underground storage tanks and piping attendant thereto. The tentative schedule for construction is in early January of 1995. Engineered drawings and design concepts are currently being prepared by Deep, Inc., our consulting firm. An intra agency on -site Planning meeting is scheduled for 9:00 A.M., Thursday, October 20, 1994. The purpose of the meeting is to receive input from any department or agency with an interest in the project. Please feel free to have a representative attend this meeting to represent your agency. Site: Newport Landing Marine Fuels 503 E. Edgewater Newport Beach, California (on the Balboa Peninsula at Adams Street) For additional information, please contact: Ken Nelson Project Manager (714) 251-4880 Office (714) 651-3344 Pager Thank you for your cooperation. Very truly, Ken Nelson Project Manager KN:sd cc: Douglas L. Salisbury SALISBURY ENTERPRISES, May 13, 1994 INC. Mr. Tony Melum Deputy Director Marine Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 Re: Yachts of Bubbles Newport Landing Marina Dear Tony: In accordance with our recent telephone conversation, I am hereby advising your department of a new tenant and business operation within our marina basin at Newport Landing. Since our previous six -passenger vessel "Reflections" is no longer a tenant in the marina, as of May 1, 1994 we have substituted the six -passenger vessel "Yachts of Bubbles" in its place. Yachts of Bubbles's owner/operator, Chris maintaining an office on our premises as well. Thank you for your assistance. Very truly, SALISBURY ENTE PRISES, INC. ;ei Ken Nelson Property Manager KN:jh cc: Douglas L. Salisbury Chris Lyons Lyons, will be 17042 Gillette Avenue • Irvine, California 92714 • (714) 251-4880 • Fax (714) 251-0524 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 January 25, 1994 Douglas L. Salisbury President, Salisbury Enterprises, Inc. 17042 Gillette Avenue Irvine, CA 92714 Re: Newport Landing fuel dock, 503 E. Edgewater, Newport Beach, California Dear Doug: As you have requested in your letter dated January 20, 1994, we are adding off sale beer and wine to your Commercial Harbor Activities Permit. I know you are aware that the Planning Department is no longer issuing use permits for activities out over the water and the zoning code is inappropriate or not relevant to activities conducted bayward of the U. S. Bulkhead Line. Therefore, the Marine Department would be the appropriate City agency to approve this type of activity at that commercial location. If you have any further questions or we can be of additional assistance in this matter, please contact me at (714) 644-3044. Sincerely, Tony Melum Deputy Director TM: la tmsalis.ltr 3300 Newport Boulevard, Newport Beach January 20, 1994 HAND DELIVERED Mr. Tony Melum Deputy Director Marine Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 Re: Newport Landing Fuel Dock 503 East Edgewater Newport Beach, California Dear Tony: SALISBURY ENTERPRISES, INC. It is my understanding that the City of Newport Beach Marine Department has purview over all activities conducted bayward of the U.S. Bulkhead Line. Therefore, I respectfully request that "Off - Sale Beer & Wine" be added to our current Commercial Harbor Activities Permit for the above referenced project. Beer and wine sales have long been an integral part of the operation of not only the Newport Landing fuel dock but all other fuel docks operating within the harbor. It is the intention of Landing Associates to apply to the State of California Alcoholic Beverage Control Board for a new Type 20 license which will allow the sale of beer and wine from the fuel dock for off -site consumption. Please verify this activity as controlled and permitted by your department. Thank you for your prompt attention to this request. Very truly, Douglas L. Salisbury President GENERAL PARTNER/LANDING ASSOCIATES DLS:sd cc: Ken Nelson ENCLOSURE 17042 Gillette Avenue • Irvine, California 92714 • (714) 251-4880 • Fax (714) 251-0524 Mr. Tony Melum Deputy Director Marine Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 Re: Proposed Groin Wall Newport Landing Marina Dear Tony: Thank you for taking a few minutes this morning to discuss the continuing maintenance dredging problem at Newport Landing. I was hopeful that the City of Newport Beach would participate in the cost ($6,000.00 total, split 3 ways) to install ,a groin wall per the proposal from Swift Slip Company. Randy Brown indicated that his mother, the owner of the property to the West and contiguous to Adams Street, would participate to the extent of $2,000 and Landing Associates is prepared to make a similar commitment. Evidently the City's position is that, based on the opinion the storm drain system is not threatened, nor is the Adams Street beach considered a bathing beach, and because of budgetary constraints, the City is not at this time in a position to contribute to the cost of the groin wall construction. It is obvious that the storm drain is unsightly and when not covered by sand, presents a certain exposure to risk of injury to the public. Further, each and every time we expend between $1,500 and $2,000 to maintenance dredge our marina basin, the spoils do not remain on the street end beach past the first High/Low tidal cycle but return immediately to fill our basin. 17042 Gillette Avenue • Irvine, California 92714 • (714) 250-0331 (714) 250-5729 Mr. Tony Melum July 12, 1993 Page Two I'll continue to pursue this matter with Randy and Pete Swift to see if there is any other practical solution to this continuing problem. Yours truly, eAkk--`' Ken Nelson Project Manager Landing Associates KN:sd cc: Douglas Salisbury Randy Brown Pete Swift CITY OF NEWPORT BEACH Marine Department March 22, 1993 TO: MAYOR AND CITY COUNCIL FROM: Marine Department / SUBJECT: HARBOR PERMIT APPLICATION 113-503 BY BUD'S LANDING APERT A 503 EDGEWATER FOR AN EXCEPTION TO THE HARBOR POLICIES REGARDING SIGNS Recommendat1on• if desired, approve the application subject to the following condition: That the sign proposed by the applicant be no larger than 4 feet by 8 feet. Discussion: This application is before the City Council as required by Section 5.C. 3 of the harbor Permit Policies, which states: 5.C.3. " Prior approval of the City Council will be required before issuing a permit for shore -connected structures when...the upland"abutting property is zoned commercial." A new operator is taking over the gas dock bayward of Newport Landing and proposes to install a sign on the docks advertising the new business. The size of the proposed rsg i be s 8 feet by 4 violation et, a total of 32 square feet. This appears of Section 25.B of the Harbor Permit Policies which states: 25. B. "No sign permitted beyond the bulkhead lines shall exceed 4 square feet in total area". The applicant is requesting an exception to the above as provided by Section 24 of the Harbor Permit Policies, which states: 24. "The City Council may approve exceptions to any of the requirements and regulations set forth if there are special circumstances or conditions affecting the harbor installations that would impose undue hardship on the applicant or if it would be detrimental to the best interest of the City." s docks in The applicant has surveyed the other two gas docks exceed ethe cabove and found that the signs,on those inity quoted restriction. One -gas dock has a total signage of 130 square feet, the other has a total signage of 105 square feet. Those two permits were issued prior to the adoption of the Harbor Permit policies and were not restricted by t2)e above sign policy. The applicant feels this -imposes an undue hardship on his business in regard to competition. In addition, it is of benefit to the boating public and in the best interests of the city to make these `kinds of services available and competitive. Tony Melum Deputy Director C ....... - m Vi d �h i < , f C-47Y OF NEWPORT BEACH :NCIL MEMBERS Fs soti� F� � CA MINUTES March 22, 1993 INDEX 19. ADOPTION OF PLAN PREPARATION AND PLAN PW/Plan CHECK GUIDELINES - Approve the use of Prep -Plan ASCE Plan Preparation and Pan Check Check Guide Guidelines in processing plans and lines specifications for publi works improvements. [Report from the Public (74) Works Department] 20. HARBOR PERMIT APPLICATION 13-503 - Harbor Approve, subject to conditions in the Permit Apl staff report, request by Buds Landing 113-503 at 503 Edgewater for an except'on to the (51) Harbor Permit Policies regarding signs. [Report from the Marine Department] SPECIAL EVENTS APPLICATIONS - Uphold staff's Revenue/ recommendation to approve the following License applications (attached with report .from the Spcl Evnts Revenue Manager), subject to conditions in the staff report: Apl (27) 21. Application 93-046 by the Rancho del mar Apl 93-046 District of the Boy. Scouts of America for use of amplified sound at the Castaways site, between Dover Drive and Upper Newport Bay, Saturday, April 17, 1993 from 7:00 - 9:00 p.m. 22. Application 93-051 by the Newport Mesa Apl 93-051 YMCA Indian Guides for use of"amplified sound at Buffalo Hills Park, Sunday, March 28, 1993, from 12 Noon - 3:00 p.m. 23. Application 93-079 by David Schultz of Apl 93-079 D & D Farms to operate a strawberry produce stand at the corner of Dover Drive and 16th Street, from March 25 - July 15, 1993, seven days a week, from 8:00 a.m. - 5:00 p.m. 24. COUNCIL TRAVEL AND EXPENSE CLAIM - Council/ Approve travel expense claim for Council- Trvl/Expns Member Hart in the amount of $235, to (33) attend Governor Wilson's meeting in Sacramento, March 8, 1993. 25. BUDGET AMENDMENTS (40) -- __BA-022 , . __ S4. 500 Appropriations to provide for the completion of the R/UDAT STUDY; Planning Department/Professional Technical Services account fund. BA-023, $2,835 - Increase Budget GS/Spcl Appropriations to provide for special Trash P/U refuse collection for HARBOR VIEW HOMES; (44) General Services Refuse Collection fund. [Memorandum from the General Services Director] BA-024, $46,000 - Increase Budget Offstreet Appropriations to INSTALL METERS in the Parking median of Balboa Boulevard between Meters Alvarado and 15th Streets; Public Works - Capital Projects fund. [Memorandum from (85) Offstreet Parking Committee] BA-025, $50,000 - Increase Budget Appropriations to provide for the AIRPORT CONTROL GROWTH FUND; Non - Departmental fund. Volume 47 - Page 53 CITY OF NEWPORT BEAD COUNCIL MEMBERS March 22, 1993 ROLL CALL Motion All Ayes x ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No. 3. Report from the Revenue Manager/Finance Department & Supplemental report after the agenda was printed regarding introduction of proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 5.13.020, 5.13.040, 5.13.070, 5.13.100 AND 5.13.150 OF CHAPTER 15.13 AND SECTIONS 5.15.020, 5.15.040, 5.15.070, 5.15.100, 5.15.110 AND 5.15.120 OF CHAPTER 5.15 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO OPERATION OF TOW TRUCKS AND OFFICIAL POLICE TOW SERVICES. Council Member Hedges moved to refer this item to the Budget Committee for report back on April 12, 1993. Jody Campbell of Harbor Towing, addressed the Council and stated he had no objection to postponing this item for three weeks. The motion was voted on and carried. 13. Memorandum from the Parks, Beaches and Recreation Director recommending that PARKS, BEACHES AND RECREATION COMMISSION decision be upheld to remove the Star Pine planted in the public right-of-way street end at M Street, together with copy of letter .from DuWayne and Elma Ringstad in support of the Lindsays appeal. The City Clerk advised that after the agenda was printed, the following letters were received: Lou E riat?e2, 2105 Miramar Drive, in support of the appeal. Mrs. Annette Lindsay, appellant, requesting this item be continued to April 12, so that she can be represented by her attorney. Mr. & Mrs. Connolly, 2061 Ocean Boulevard, requesting this matter be acted upon at this time, inasmuch as their legal counsel will be present. Cynthia Beck Paulsen, Attorney for the Connollys, 2061 Ocean Boulevard, appeared before the Council in favor of removing the star pine tree planted in the right-of-way at the street end of M Street and Ocean Avenue. She stated that Ms. Lindsay, her client's neighbor, installed and maintained all the landscaping at the subject street without a City permit and are in Volume 47 - Page 54 INE Tow Truck Ordinance (27) PB&R/M St Star Pine (62) O P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 March 15, 1993 Lynn Cathcart c/o Sign Methods 5300 Orange Avenue, Suite 114 Cypress, CA 90630 Re: City Council Approval For The Sign "Bud's Landing" Dear Ms. Cathcart: As we discussed the other day, the request for the exception to the sign portion of the Harbor Permit Policies will go before the Council on March 22, 1993. To complete the processing of this application it is necessary that you forward to the City of Newport Beach a check from the applicant in the amount of $280.00, which represents the application fee required to send this matter to the City Council,. If you have any questions regarding the above or if I can be of further assistance, please give me a call at (714) 644-3044. Sincerely, Tony Melum Deputy Director 3300 Newport Boulevard, Newport Beach SIGN METHODS 7142202 10 4 / le 5300 Ot'ango Ave., Suite 11-4. Cypress, CA 90630 p f714' 220-09-50 MAX "714) 220-241,44 1 TC: 5- MOM, FAX ON ORIGINAL 'OLIOW A E-S ARE BEING TRANSM'7TED, INCLUDING THIS GE CGIVER SHEET, 11F ANY DISCREPANCY., PLEASE ' Tj CAI-L, 2',10-095;D. s D TE: SIGH METHODS 7142202494 P. 01 4- AP I 7142202494 At& 4 0�,4,-KF I PIR P. 02 ISCALF- APPROVED BY: D r W00 MANGE AVEMJE� SUrM 714 to �7ylp,71-Pq m� on QVUUisheO dc-"Prl by SC4� M r�00S- AJI to righ z j S =N OW4 SON FL-OA-TA-T-I M-,-4NC-ORP-cn4A-TEB- 1615 Monrovia Avenue T Costa Mesa, CA 92627 ) 645-2842 X Telex 678308 THOMPSON CSMA (714 C Flange width 3 on all 4 sides HalB FIGURE 2-- FLOATATION UNIT DIMENSIONS Dimensions (in.) Wei pht ( lbs) Buoyancy (lbs ) with plywood in ealt water Model A B _ C top cover per Inch totsl 1117 68 361 16 96 68.95 1,103.2 1118 68 351 20 103 68.95 1,379.0 1119 j ' 8 68 _363 �' 11 90 68.95 973 9 1129 ' 60 40, _ T'104-----.. _ 81.06 1,187.6 1130 <r 72 18 1131 9' 96 18 J.4 161 140.0'i 1,978.8 1200 ----- 7? 48 .5 128 102.74 1, 657.7 1231 9'96 48 16 167 140.04 2,259.0 1430 72 48 23 145 102.74 2,376.9 1431 1196 48 25 198 110.04 3,519.8 Patent No. 0 270 529 m m Em�rm y I A n as \\JVrFk1 �11 r/A �r�If��t,C��11`�E% I�V�-�% h:��,�o��-�- �� boo r'f� AN2 cAi A�J 6, La;� W 5300 ORANGE AVENUE, SUITE 114 CYPRESS, CALIFORNIA 90630 PHONE (-A4)220-0950 0 FAX. M4)220-2494 ja L,6,- N t2l I SCALE. APPROVED BY: DESIGN: L� D c SALES' L,6, T ATE. This is an original unpublished to by SIGN METHODS. Al rights to DRAWING' ness thereof shalFrema in reproduce it in whole ori�g)Mrtg og. uceanylike -P fl-)c QxdUs , [vo right of SI TI__C 1-q� m NW-1-lar, - I vil 15�J r rrr;--F f2 (�r� v I aw) �i ��e3o- 33 (�rf s I ��) � �K �1 �I�� 3�30- I�� (i��15 2y4�� ' ti; bLu p, =1v a I A AACKu 00��sMAA �@E Do 0R 5/�.i�'I;a�W(� k�- �7 r7k Wei VpO V E ,A� A -1 TZ!:0;7 '5 A�U! &� -f 17 j [-';:HEET I OF Ij LJ SCALE. APPROVED BY: DESIGN: L� SALES: IDATE: rights to DRAWING 5300 ORANGE AVENUE, SUI-M 114 This is, an Unpublished c,7��,b SIGN METHODS. All r main WING or y thereof shofire q� CYPRESS, CAUFORNIA 90630 reproduce it in whole or in part o produce likeness thef lit of SIGN METHODS. (711 41 PHONE. 4)220-0950 0 FAX, M4)220-2494 - tj exclusive rig N ew(krt'/�lrj (Iwo -or 'dow-jr Ar A"o T <-7,0. Z A 503 east edgewater balboa, california 92661 (714) 673-2802 'ter Ensign Catalinc 27 Freedom 28 Islander 30 Catalina 30 Ericson 32 Islander 32 Gulf 32 Hunter 34 Ericson 35 Lancer 36 Freedom 39 Hans Christian 43 Mason 63 WeeKCC. Week."'.', W eAK e- . Jcy MOIL^.':. N - 4t; S 50 S 62 S 72 S 82 S 65 S 85 S100 S 70 S 95 Silo S 70 S 95 Silo S 70 S100 S125 S 80 5100 S125 S 80 S100 S125 N/A S140 S160 N/A S140 $160 N/A S140 S160 N/A $195 S215 N/A S300 S300 Hourly Rate All boats U.S. Coast Guard equippec. Prices include insurance. .e,,.., inbcards. 22boaS'�10zle"AlTe�11.b , y SALISBURY ENTERPRISES, INC. September 1, 1992 Mr. Robert H. Burnham City Attorney City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92663 Re: Commercial Harbor Permit Newport Landing Electric Boat Dear Bob: Both Dennis O'Neil and I appreciated the opportunity to meet with you and Tony Melum last Wednesday and further discuss the Commercial Harbor Permit Application submitted by our tenant on April 16, 1992. Pursuant to your request, I have enclosed herewith the current color brochure and rental rate sheet in use by the Electric Boat Company at Newport Landing Marina. I have also enclosed a copy of the letter which you requested in connection with their rental business, their boats and their customer base. In addition, I have enclosed herewith the following materials which we discussed. (1) A copy of our Use Permit No. 1086. ( 2 ) A copy of a letter from Art Gronsky outlining the uses on the property during his tenancy from 1964 -- including thirty (30) U-Drive rental fishing skiffs. (3) A copy of my letter and enclosures to Tony Melum dated May 7, 1992, including materials from the Balboa Sailing Club who was our prior tenant on the property. (4) A copy of Dennis O'Neil's letter to David Harshbarger dated March 18, 1991. (5) A copy of my letter to David Harshbarger dated October 31, 1990. 17042 Gillette Avenue • Irvine, California 92714 • (714) 250-0331 (714) 250-5729 Mr. Robert H. Burnham City Attorney September 1, 1992 Page Two Per our discussion, we would appreciate the City's issuance of a temporary Commercial Harbor Permit to our tenant, Balboa Boat Rental, in accordance with their original April 16, 1992 application for which all application fees have been tendered as required. We would concurrently agree to a limitation of twelve (12) rental boats at this time and until such time as you and the Marine Department are comfortable with issuance of the permanent Commercial Harbor Permit. We are continuing to work with BA Mortgage, owner's of the Edgewater Place parking structure, toward finalization and documentation of our settlement agreement. The settlement will include the following, among other things: (1) The segregation of 75 "exclusive" parking stalls within the structure for the "exclusive" use by Landing Associates, its tenants and invitees. (2) Construction of a ramp to the basement level of the structure for additional ingress/egress and for Landing Associates' exclusive use. (3) A new garage operator, by the end of this month, with better levels of support staffing and full time supervision. (4) Capital expenditures required to make the facility operate more efficiently. r l o t' - /1 f the required h +-}r�; ( 5 ) Accommodation c1 awl f�x.� ( z ) o e a�.^�..,..�cap parking stalls for Edgewater and Newport Landing properties within the parking structure within the entry level of the structure. BA Mortgage will produce the detailed plans and specifications for review and approval of the design of thew -'ramp by the Planning, Building Departments, and by Landing Associates. They will then bid the cost and escrow all funds necessary for its construction and completion in accordance with the approved plans and specifications. 4r/ Mr. Robert H. Burnham City Attorney September 1, 1992 Page Three Bob, as always, we appreciate your assistance and communication. Our relationship with the City and its Marine Department is very important. We have always tried to be straight forward and flexible with all of our dealings with you and all representatives of the the City. Very truly, Douglas L. Salisbury President General Partner/Landing Associates DLS:sd Enclosures cc: Dennis D. O'Neil, Esq. David Salisbury Ralph Rodheim Tony Melum CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM August 7, 1992 TO: Tony Melum, Deputy Marine Director FROM: Robert H. Burnham SUBJ: Newport Landing Marina/Electric Boat Co. I think we should meet with them some time during the week of August 17, 1992. il,"Z� obert H. Burnham City Attorney RHB:kmc CITY OF NEWPORT BEACH Marine Department August 5, 1992 TO: CITY ATTORNEY FROM: Marine Department SUBJECT: NEWPORT LANDING MARINA/ELECTRIC BOAT CO. Bob, attached is a copy of a letter from Dennis O'Neil regarding our denial of a Commercial Harbor Activities Permit to the Electric Boat Company operating out of Newport Landing. I am providing you also with a copy of their application and our response. As of this date we have requested that they cease operations since they cannot provide parking for the Electric Boat Company. In Dennis' letter he states on page three that if we plan to take formal action he would appreciate an opportunity to sit down with you, the Planning Director and the Marine Director and go over their position. At your convenience could we discuss this and make a plan on how to proceed? Since they are continuing to operate, my next step would be a revocation of the Harbor Permit for Newport Landing under Section 17.24.090 or 17.41.090. Tony Me um Deputy Director POST CITY OF NEW PORT BEACH z P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 -q 17 0 ?C�4\ July 3, 1992 Ralph Rodheim Electric Boat Company 510 Edgewater Avenue Balboa, CA 92661 Re: Your Application for a Commercial Harbor Activities Permit for the Electric Boat Company Dear Mr. Rodheim: On June 19, 1992 we corresponded with you indicating there was a deficiency in your application fora Commercial Harbor Activities Permit, and therefore your permit to operate had been denied. It is our understanding that the Electric Boat Company is continuing to operate bayward of the Edgewater address in violation of Municipal Code Section 17.41. Accordingto the code, you must cease operations from that location until you can acquire a permit for your business. If you continue to operate without a permit it will be necessary for us to turn this matter over to the City Attorney's office for followup. If you have questions in this regard please contact me at 644-3044. Sincerely, Tony Melum. Deputy Director cc: Doug Salisbury, President and General Partner Landing Associates 17042 Gillette Ave., Irvine 92714 Bob Burnham, City Attorney 3300 Newport Boulevard, Newport Beach H3A3S Tx fo�' V.�ij 11,.� w 9 IC a % a JF"j xxa 7r. •:i Yc • —ti '. v� I. 11K _ •, a ems. s: ST � , Morw.-;lak�. MIAQ 20� ti V1Cl1VITY SKETCH .a+•4rsrt,�4 4g � ' . : rr.•r ^i�wlO Rf PEA � CAL �i Oa N.A o y� SOund•nQs u.� e•.r.orCsscd /� rer/ ��d o;i..ore diP�i.7 be/O� MCG�7 LJN�/ moo.►' hiO�fr. M4r�w.a..n ron9t a! //'o': Gpp�ua/•+.p/��v .'a l�Qf. Hoioo� %.net are eafo b%/`Stiao �.. t4h:s Sec%/O.! or Ma Swoop .�c4r N + S do n a ! _ !N ti.t �u1 �a �.t 1�►-( i�R- Po RT" . LA N n 17 G7 !U sj -rzn �►'f �I vt: t/, ,i l—e I C o 7- , B �k 7WACL _/od .4ss 5c5 I� r I CITY OF NEWPOW BEACH HARBOR PERMIT PERMISSION IS Md1EdY ONAM To CONIUM MAINTAIN THE 11ACKM SWO ON 711E 0E00 M AT INE SM MOICATEM SUE,IEIT 7O INS 11000p THE MARNA M W POLXW OP IOMIIM KW ANY SPECIAL COMOINOIR Um NEIIEE Im p 1S NW TRANSfERARE 11MIIi0t V KVAff E1{a011r THE CnY MARN A CO MGM am CINDER ' AND TMM PERMIT Ma IN ACCORDANCE WUM CITY � PERMIT NO. y DATE Ci Y ITT OF NEWPORT BEACH n P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 9L�F0Fyta June 19, 1992 Douglas Salisbury President & General Partner, Landing Associates 17042 Gillette Avenue Irvine, CA 92714 Re: Commercial Harbor Permit for Electric Boat Company at Newport Landing Marina Dear Doug: This is in response to your letter of May 7, 1992 regarding the Harbor Permit Application by Electric Boat Company. it is the position of the Marine Department that all available "grandfather" passenger capacity at the site at 503 Edgewater has been devoted to the sportfishing operation. That was the understanding when a Commercial Harbor Activities Permit was issued to Newport Landing SportFishing Inc. in October 1990. That being the case, any expansion of the commercial activates bayward of 503 Edgewater must comply with the existing municipal code sections regarding commercial activities within Newport Harbor, and specifically the parking requirement. Fun Zone Boat Company, on their application, indicate that their parking will be provided in the Edgewater Place parking structure. In discussion with the Planning Department, they have indicated that all the parking available in Edgewater Place parking structure has been committed. Therefore, there is no parking available at that location. As a result, the Electric Boat Company has failed to provide parking and it will be necessary for the Marine Department to deny their application to operate from that location, unless they can provide the requisite parking based on the number, of vessels and the passenger load they propose. Sincerely, Tony MMm Deputy Director 3300 Newport Boulevard, Newport Beach RO. BOX 1768, NEWPORT BEACH, CA 92659A7-68- June 19, 1992 Ralph Rodheim Ele-ctric Boat Company 510 Edgewater Avenue Balboa, CA 92661 Re: Your application for Commercial Harbor Activities Permit for the Electric Boat Company Dear Mr. Rodheim: We have reviewed your application and have found the following deficiency: You indicate at number (4) that the location for required parking for passengers, employees and crew will be Edgewater Place parking structure. In discussions with the Planning Department we find the parking structure is completely committed beforehand and there is no excess parking available in that place. Therefore you have failed--to,--prrovide a site for required parking, which, based upon the number of vessels you propose would need to have a minimum of twenty four (24) parking.spaces. Since the requisite parking has not been provided it will be necessary for us, based on Section 17.41.050.E of the Newport Beach Municipal Code, to deny your application. If you have questions in this regard, please call me at 644-3044. Sincerely, Tony Melum. Deputy Director 3300 Newport Boulevard, Newport Beach �tiW Pp,4T 0� \ CITY OF NEWPORT BEAD - ----- U ,, Z P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 -ql-/ FO RN May 27, 1992 Salisbury Enterprises, Inc. Douglas L. Salisbury, President 17042 Gillette Avenue Irvine, California 92714 RE: COMMERCIAL HARBOR PERMIT ELECTRIC BOAT COMPANY Newport Landing Marina Dear Doug: I'm in receipt of your letter of May 7th, however, I have taken no further action on the application, pending receipt of the application fee of $400.00 from the applicant. _ As of this date,, we have still not received the fee and cannot process the application until it is complete, including the fee. I am assuming that the Electric Boat Company is in operation currently, and our position is that it's operating without a permit. We must get the $400.00 and proceed with the application process as soon as possible, otherwise, it will be necessary for us to request the operation cease, pending total review of the application. If you have any questions in this regard, please contact me at (714) 644-3044. Sincerely, Tony Melum Tidelands Administrator cc Ralph Rodheim Electric Boat Company 3300 Newport Boulevard, Newport Beach May 22, 1992 Mr. Tony Melum Tidelands Administrator P.C. Box 1763. Newport Beach, Ca 92659 Dear Tony: Enclosed is our check #2048 in the amount of $400.00, as requested, to process our application for a Commercial H rbfRr Permit. V' er" rulY yours, odheim �lect;r' - many Enclopire cc: D uglas L. Salisbury, Landing Associates 510 Edgewater Ave. • Balboa, CA 92661 • Next to the Balboa Ferry • (714) 673-7200 09 recycled paper May 7, 1992 Mr. Tony Melum Deputy Director Marine Department CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92659 RE: COMMERCIAL HARBOR PERMIT ELECTRIC BOAT COMPANY Newport Landing Marina Dear Tony: SALISBURY ENTERPRISES, INC. Thank you for your time yesterday morning and for the opportunity to discuss the above -referenced permit application submitted by our tenant at the Newport Landing development. Hopefully, the informal discussion was helpful to everyone. The new long term lease to Ralph Rodheim and Jack Hochadel took effect in April and served as our replacement tenant for the Balboa Sailing Club that operated from our inside marina area from 1985 to 1990. The Electric Boat Rental business will operate with a maximum of up to twelve (12) electric boats of 18 to 20 feet in length and with maximum passenger occupancy of 8 and 12 respectively, although most of the boats generally depart with only 2 to 6 passengers. Our tenant shares office facilities with the existing boat rental operator currently located in front of Edgewater Place at the Balboa Ferry landing. As required by the Use Permits covering both Newport Landing and Edgewater Place, employee parking is provided on the top level of the Edgewater Place parking structure at no cost or expense to the employee. Our prior tenant, the Balboa Sailing Club, occupied the entire inside marina area, while our new tenant will be operating out of only one-third of that area. The balance of the marina is currently occupied by two private sportsfishing boats. In addition, we recently reduced the inside marina area by approximately 536 square feet as a result of expanding the floating dock facilities utilized by Bisbee's Landing, our fuel dock tenant. The Balboa Sailing Club maintained 15 boats of various sizes inside the marina and also maintained off -premises a great many additional boats, of larger sizes, also available for rent or charter by the general public or for use by their Club members. I have enclosed herewith a xerox copy of one of their brochures.. Many of the vessels berthed inside and outside of the marina were capable of handling (and did handle) very large parties. Many of the charters to these groups were for periods of one or more days. The Electric Boat Rental rents its electric boats by the hour only. These vessels are restricted to the harbor channels only and are 17042 Gillette Avenue • Irvine, California 92714 • (714) 250-0331 (714) 250-5729 also restricted to the maximum passenger capacities previously stated. Most of its customers are already in the area for other purposes and some come for a short harbor cruise prior to or in conjunction with their dinner reservations at the Newport Landing Restaurant. Although our existing Use Permit (#1086) specifically provides for "charter boats", "skiff rentals", "boat dealership" and "outboard sales and service", we have encouraged our tenant to apply for a commercial harbor permit with your department and to tender promptly the full $400 application fee requested. We believe that this replacement tenant is an appropriate user. The new tenant is a much smaller operator utilizing a much more limited portion of our marina area. This new tenant will require a great deal less in the way of supporting parking as compared to the Balboa Sailing Club or another sailing club or potential marina tenant for our property. The current Land Use Plan and Local Coastal Program adopted by the City of Newport Beach and the provisions of the California Coastal Act clearly support and protect water -oriented recreational activities. They require that a "priority" be placed on private land for such purposes, encourage recreational boating uses and require that recreational boating activities be "protected" and, where feasible, "upgraded". The Act further provides that "existing recreational boating harbor space shall not be reduced unless the demand for those facilities no longer exists or adequate substitute space has been provided". The Electric Boat Rental facility will not create marine traffic congestion, interfere with the rights of others to use the waters of Newport Harbor, nor contribute to the problem of pollution (i.e., electric motors) and litter on or in the waters of Newport Beach. Based on the above circumstances, we respectfully request that you approve the commercial harbor permit application submitted by our replacement tenant. Should you wish us to provide any additional information or support in connection with this permit application, please do not hesitate to contact either myself or Ken Nelson at (714) 251-4880. Thank you in advance for your favorable consideration of our tenant's commercial harbor permit application. Very truly, 5� Douglas L. Salisbury President General Partner/LANDING ASSOCIATES enc cc: Ralph Rodheim (w/o enclosure) Jack Hochadel (w/o enclosure) Ken Nelson (w/o enclosure) MARINE DEPARTMENT Telephone 644-3044� ®� COMMERCIAL HARBOR PERMIT APPLICATION Filing Fee $400.00 Business Name: — 4 c-r4-i 4- 13,4267 �'a►a.LpY�t�� Business Mailing City and Zi Address of Business 5A Business Telephone_- ? O If business is a corporation or operated under a fictitious name or partnership, please indicate ALL principals: Give name, address and telephone for each: 1. C-PA 4- FEE &e&., ,+ u Q tDL c&2�2 2 3. Give name, address and telephone number of the person, or,persons, who will have general management responsibility for applicant business: Please give a complete description of the proposed method of operation of vessel, watercraft and/or other facilities, including, but not limited to: 1. Location where ,nvessel will be permanently berthed 2. Location where passengers will be loaded and unloaded 3. Maximum number of passengers carried ( include crew) 4. Location where required parking for passengers, employees and crew will be provided: !- n ,F L.-,A 1 Z"47/2, P[ A<E' 5.. Days business will operate:��ceW:e - SyL Qk?'1 ne• 6. Hours of operation: R-- E SyYl2ryl6Q- a 7 . Routes of Travel: 6 A- (--aP-b Cal I/Y iL?(�J 8. Types of activities permitted on board: �30�� tbUiLI t,✓G d- S►q - Pec.c�.c cs - 9 . Types of merchandise to be sold..E Gt' �I L PG42 5 10. 11. Is Coast Guard certification required?,If not, why not? Type and amount of liability insurance carried for this operation: /7BAAt ^,OP612A i42 ►-CQL,�P _2 Gcsa, oO n Carrier: v'°nv a- Ar'64'r 12. other pertinent information: TNCS APP t,CATIv0--' LS iq T";L/s pep Z 10 A-, 13. Describe the manner in which you intend to dispose of trash, sewage and litter resulting from this operation: 44r 4ir-4-1) 14. Describe the type of entertainment which the applicant proposes, if any: P-.c5 ►v PLEASE SUBMIT A DETAILED DRAWING OF THE BOAT, WATERCRAFT AND/OR OTHER FACILITIES WHICH APPLICANT PROPOSES TO USE, TOGETHER WITH SUCH SPECIFICATIONS AND OTHER TECHNICAL DATA AS MAY BE NEEDED FO PROPER EVALUATION OF THIS APPLICATION. I declare under penalty of perjury that the foregoing is t e and correct: ' Date L-L,(2�/ signature.. 675- �Le�`FJ Tel 7 `� ? Z®�'' l� &J C. 311 .Y X S3 7 �r c oo �c.J Residence address TO BE FORWARDED TO FOLLOWING FOR INVESTIGATION & RECOMMENDATION: Chief of Police Orange County Harbor District Other Approved/Denied by Marine Department (and Date) p' �� i �.� rYr' v.k' i t.J � s�P c..l •, � }c hu jot / 'If 3-7 8 _ + ti V I C I M I TY S X E T C H a•=• 'g'Tr i N:wvour C3 �Y. C.0 icoaNi ' .a 5bU.-7d/nvS are escrC+rCSSG�d Iry !a!! Ovid d r►o/e arp/h3 belaw tiPtron LowCj- Gow bwbje&r. Alorr.. ron5rr ar !icrC vaproxin►o�s/y !O +�v�Y .-lorcor !. ,' _.arc ea>u o/c'gha c to /�: g . SecJ�.o.r O{A/er✓~fl B4 Tc'Aa..c�Nc. gZAv�•r.,aE -'Will -moo, _ f ,fit ..�,tt .it` . �p I 1 t � ` 1 N tw &% *+-Na r >a C �rjT6' . tl-�� :-lw AP1, / c;4.v 7-5 ORT 1-£�N 1N td -3 G,r. TRACT 4= 'a CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 April 21, 1992 Ralph Rodheim Electric Boat Company 510 Edgewater Balboa, CA 92661 RE: Commercial Harbor Permit Application April 16, 1992 Dear Mr. Rodheim: The application submitted by you on April 16, 1992 is incomplete. We need additional information. It is my understanding, based on your application, that you propose to operate_ six_ boats out of the location, with a passenger capacity of 8 to 12 per vessel. At a maximum of 2 persons per boat, that would be a total of 72 possible passengers. The current Harbor Permit Policies require that a charter boat and/or a rental boat business provide one parking space for every three passengers. Therefore, your operation would need .24__ parking__ spaces. In addition, you have 3 employees, which would necessitate one more parking space, making a total of 25 parking spaces needed. I have discussed with the Planning Department the applicability of the Edgewater Place parking structure as a'location for your parking. They have said that there is no additional parking space available in the Edgewater Place structure, and: therefore before we can consider your application we need to know where you will provide the 25 parking spaces required for your business. I was in error when I told you that your previous application at 503 Edgewater could be transferred to this location, and that an additional fee would not be required.' In reviewing that file it appears that the earlier permit was revoked because you were not able to get the parking and/or site for berthing of your rental vessels, and therefore there is no existing permit to be transferred. We will need to receive an additional $400 to process your application. If you have questions please contact me at 644-3044. sincerely A-4'4"-� Tony Mie= Deputy Director 3300 Newport Boulevard, Newport Beach Y � r ^, VA, WITEiM 55 ,M east edgewater balboa, colifomic 92661 0r Ensign 2_ Cataiinc 27 Freedom 28 Islander 30 Catalina 30 Ericson 32 Islander 32 Gulf 32- Hunter 34 Ericson 35 Lancer 36 Freedom 39 Hans Christian 43 Mason 63 Welke- WeEKCC. Weehc::', -,Cv HOUC.:, N r S 6'2 S 65 S 70 S 70 S 70 S 80 S 80 N/A N/A NiA N!A N,'A 54 S5o S 72 S 82 S 85 S100 $ 95 S110 S 95 Silo S100 S125 S100 S125 $100 S125 S140 S160 S140 $160 S140 $160 S195 S215 S300 S300 Hourly Rate All boats U.S. Coast Guard equippec. Prices include insurance. Diesel inboards. warnangTqN John W. Millick 3090 Pullman Street, Costa Mesa, CA 92626 • (714) 549-4662 FAX (714) 549-4428 _4 ly � E TA?1AVIG P 410 it (f,4A?, e06 775"' 1"C-re1l 2 x 61 DLQ�14e 0 x c, cc--c1-ejvG SPACIA16 2 x 7 C,4,e. &00-5� 4 6 2 2- S Te 4-- —4- POA.) 50Z-757 R2-YWC,04� &A717i T-D ----- -- 16 151 AJAIL S 6 s, rk;>11\167 &�e z-IcE— s— L-7'ITL-wo /vz-::-w 0)el2 AArC114 6' //"/ro L=Xlgrl 4-20CAI' o- 2 C/Pe, 004 7:; -11 J 4 17 1 11 OY61 90006/p 4 lylo k-15 0 Oocr-5 lot to, x 4 ce1g,6111*�a - I v I I 9 fc— (f T10 Aj )"I-564>41, rOA V"11'01FM L,e5PACl ?-0 rJ 14 A71,4"77C 1---'0A1r00"r (v) FQCL--ZGvEr1 >( L t Is tr 3 e?'" 0 4'Xt;"Y e-4 Pol- y)Ry1/rM>A/9 R Polvnoolv LAVOUr �41 4 I'C-L) Rl-)IWO 00 .8,4 7"57, N \11 A Z-Z N OrA46)e CC-F&C75- AL,(- L(JA48C-k:7 re) 7 0 .c r/1 Ix 4 4 "Zx'I,' 9I-VM&C-k .5WAI-L - yn, TRC-14rL:�� ro C67/\b=OR4-� �3714A/AR451 CGS -S Of -80RZ`� A-101-Z-:5 7-0 R45C1C--Ya A &RV-5)V COAr 0.-`C01VCC-1V77<`A1rZ:�P 3. ALI- IXIA914C-R-5&C- 4 WOOA ,4 , \Iq 4 -5;LIALL 9�Z-7 4.15- BY A 7-4,4A177C A4AR1,X1,4` /4—' > ALL PleXYSYkt7NZz- CAI'oe", 4rO/- rT 0 X 6 676 OCKIAIG 4 x 4 C1011981Alc tal Bart #'Oft t I All III AII 1141K 1 1 !'1 t fill I I A halt 11011 *toil t#o It fro# I III III \ / III III / 4 Ill I too# $toll 4.0 t I x 1101 1 #lost I tos It ate trot 914 406 Owl It! 0 #too' tf�till t ##at 'toil tr#11 Ile. ootfolf Ito's t#ot. too# l C- T&-::A--IAC> PC- CIeIA)G 1A17-0 6-WS7-INS 00CJ<' A 7" Z 7-10".r> M,4 C 00 7-5 -?6"MAX, 0/-- 4C7OCk L1010-10" P, If Ir -Z / YkA1000 7-c5)P FIEVIEWED By PUBLIC WORKS DEPARTOERT ru OAT-F.#AL- 0 y 1!4 ACCORDANCE WITWITHTHE, Ill!"E ,t4G F.PUBLIC WORKS mcim STANDARD S AN 'IS ai SUDjF-CTOR TO CIT'y INSPEC110** NSTRUc-noN C--y AIG-W 0 x 2- //V 7-0 000-c. wc NO. DATE REVISION: DRAWN BY /,7 NO. NEWPORT LANDING DATC MARINE CONSULTING DESIGN 2400 W. COAST HIGHWAY NEWPORT BEACH, CA 92663 AS v!�towlv / - 0:7 5 j; W11r 7- SUITE F 714 642 2206 149 03 EDGEWATER NEWPORT BEACH, CALIF oir 0"91" 1ACCUPPM W ,,4 24 X 34 PRINTED ON NO. 1000H CLEARPRMT # PERMIT NO. DREDGING APPLICATION Project Location: 503 EDGEWATER NEWPORTBEACH Cubic Yards to be Dredged: 140 Method of Dredging: HYDRAULIC SUCTION Nature of Dredged Material: SAND Disposition of Dredged Material: PUMP ONTO ADJACENT BEACH Method.of Material Disposition: PIPELINE Turbidity Control Method: TURBIDITY CURTAIN AS REQUIRED Effect of dredging on contiguous bulkheading and beaches RESTORES BEACH AND REINFORCES BULKHEAD I, ROBER1 DTXON , hereby state that I have read the U. S. Army (printname) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District' .(if'applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. LANDING ASSOCIATES SHELLMAKER INC Applicant -type name Contractor -type name) FEBRUARY 13, 1992 Signed: (Date). Colitractorl s Representative CITY OF NtWPORT BEACH HARBOR PERMIT MAf AIN :.PEFZMf�SBiONxIS;'HEREBY GRANTED TO CONSTRUCT AND AT THE S;TEMAMTA1IM,',THTt'FAQLITY Ito tW'THE'REVERSE HEREOF, THE HARBOAT SITFgJX,DICATED,,6U&*C -10' THE PROVISIONS OF ANY SPECIA E( MWIPROM OWNEWPORT BEACH AND IS NOT TRAN 96)J0r4"> LlWED'-WgiEON%THIS PERMIT T14E CITY H W Wiff ,1f IWWRITTEN CONSENT OF RIGHTS G ' M91�61Q.9iVSf10RQ)NATW' ' pR afy COUNCIL THE AND THIS P WAOMM Piro ARE PERMISSIVE ONLY IN ACCORD %W 1EI461009WBY THE"CITY COUNCIL WITH 7 E Ti THE MUNICIPAL CODE. ,:,ram � w r Fum%nDV7 L-Vu LANATCZi R "e- PERMR DATa: .OMIT NO. I DATE d vx 4§. L'"r h R"Fr rQEY r PdE gti�9q�p��q�ErC p A�qi7RIAL Igp"ES,pg PLACED N SU,.CH 1�. � shellmaker inc. February 14, 199/ City of Newport Beach Marine Department 70 Newport Pier Newport Beach, CA 922663 Re: Dredging @ Newport Landing Marina 503 E. Edgewater Gentlemen., Due to the only acceptable tides for dredging the referenced job occurring on the mornings of February I 8th and I 9th we are forced to start work at 6.00 a.m.. We have mentioned this to the owner of the project who will inform his neighbors. Our being at this job however does assume that we will be able to finish a prior committment on the 17th. Thank you for your cooperation and should you have any questions, p I ease call. Sincerely, Lisa E. Miller cc/'Buildinq Dept, Harbor Dept. File 875 B West 15th Street, Newport Beach, California 92663 Phone (714) 548-5359 Fax (714) 548-5315 General Engineering Contractors/License No. 561434/Marine Construction and Dredging 7F NffyPD�r �EACN � .-7 �.� �31 ti O �� II •I.' � �...0 I i � � ate' `��.�� a t' ti 20� VICItJ T`!' SKFE7CH Klwooar Sot/ifd/nQs u.-• t.toiorsad /r+ iewr end 'i �r &*,a .a ba/ore MoO� .olv�i .ow lvbrrr. ; �h� od ion9t of GPpiu4��.►pfw/v .'D r�a4No clock 'shed or4 �,a,il �o� l �o•j gjo�ll M.tI �.II' �jp� �jp' '.�► :.I M 2 vj ei� 'f' • 'Q n .,N rG�ca Ux� II i I III �7,..� t�ICN4P 0 RT'. LAH1;=IWax ` `•;.y is ' �/.a..-�f G o r- � B C,� °'/i �o�Ess �� ; er�rruJ.�•T�� try r ' p��E 8y �� ma. VqF /I ck�7� irk; r I . v r,.p, J N•.Rj� I' �r \� \ \\ I ` . Via• fm C4, '�%{ ;�r� _ � ,.ram �\��•�r \.,�4�, ( •i....a D �' �,l�a �' 1 •x , F 1 C` / • , "� . '�� 14 h Y/1�� I �' .•,RAY• R ,f VICINITY SKETCH •`^'� ••• ,� i # 1 NI wAOQ/ BAY- C.►C 1l OY hiP o )� ,�••^ ,, ��++'' h �s s Socind�n9s a-e e.1•oic used 0n i.�r and `'vo�prsu i A i � E?�''l d,Pr:.s ae�o.v nreon carve. :oN w'c�ei Mai{ww►..+: � ionyt a% I,v� G�vPiu4�-•.p��/v :O lead. NorpO�kti:rAQi VIA 1 FIT : L z h ti } A �'.�'yl - /,01�� 'Ir l' �/V•' ��'I �Ir 11� �ir'�'1 I� ` �' ' '��1 i"�;.��Y�'` f Y . -•-e } O '�AWQ' Ir '' t %'�� 1a :� I ( � ' I I �i i — ',.-�1.., � .� � t 1, I ��i•�yCi::C,"... 1 y. d �•n��•., ..•._ram_- t 7 x ^►�( 44 Po Kr'. W.A. r4 021 H,2x .r{ Li ') G All I PPG'"I /,a _ a r B �,rr :%tRacfr p►T pwt►1 B� pAw ✓ct+ ��D?ESS E1A c1- •` Z`3t JOHN BE(SNE,R KEITH P. BISHOP ADELE K. CARDOZA MICHAEL S. CUCCHISSI DEAN DUNN-RANKIN CHARLES S. EXON CHRISTOPHER J. FARLEY* MARK FELDMAN GLENN E. FULLER BETH A. GAYLORD ROBERT J. GERARD, JR. ROBERT L. GREEN HOWARD HALL WILLIAM E. HALLE ANDREW K. HARTZELL JOHN D. HUDSON CARY K. HYDEN KARI M. KARDEL MARY LYNN KELLY DAVID A. KRINSKY M. RUSSELL KRUSE BARRY R. LAUBSCHER °A PROFESSIONAL CORPORATION (714) 253-2431 WRITER'S DIRECT DIAL NUMBER PETTIS, TESTER, KxusE & KRINSKy ATTORNEYS AT LAW MARK R. MCGUIRE A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS - D E N I S E L. McK I N N EY 18881 VON KARMAN AVENUE, 16TH FLOOR MICHAEL L. MILLER DANA L. MISHNE POST OFFICE BOX 19766 THOMAS J. OLSEN DENNIS D. O'NEIL IRVINE, CALIFORNIA 92715 JAY F. PALCHIKOFF TELEPHONE (714) 553-2500 DANIEL L. PELEKOUDAS ALAN W. PETTIS FACSIMILE LISA M. QUINN ' ROBERT A. RIZZI (714) 261-0882 PAUL A. ROWE (714) 261-7251 DONALD J. SAJOR MARK A. SCHADRACK R. CRAIG SCOTT CAROLE STEVENS March 18 1991 BRUCE A. TESTER / WILLIAM L. TWOMEY KENNETH A. WOLFSON JOHN P. YEAGER MICHAEL G. YODER David Harshbarger, Marine Director City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92663 Dear Dave: OF COUNSEL H UGH HEWITT DEBBIE L. MIEDE' OUR FILE NUMBER 18085-00002 Re: Commercial Activities Harbor Permit (Newport Landing Marina) Several months ago, Doug Salisbury, representing the general partner of Landing Associates, retained our law firm to represent his interests in various business ventures including the restaurant and marina located at 503 E. Edgewater Place in Balboa ("Newport Landing"). Since foreclosing on the original leasehold interests of Mark and Cheryl Howard to Newport Landing and Lot 9 (a portion of the land beneath the Edgewater Place parking structure) on December 13, 1988, Doug Salisbury has been involved in ongoing discussions with the City in efforts to clarify and perfect the uses and parking rights pertaining to this property. There have been numerous meetings between Salisbury and you, the City.Attorriey,; '' the Pla�g,. D,irector,- and other City staff persons toevew all of�r issues involved ii a the` Newport Landing and Edgewa Pl%Ace,``proj'ects. I recently spent most of a morning in Bob Burnham's office reviewing the stacks of files containing all of the reports, studies, permits, agreements and correspondence which has been generated by the parties involved in this matter. The shear volume of all of this information is incredible. I am impressed with the time and effort expended by the City staff and 03-18-91 18085-00002 G:\D0C\152\C0RR\91030005ATR PETTIS, TESTER, KRUSE ' & KAINSKY David Harshbarger, Marine Director March 18, 1991 Page 2 Doug to address and attempt to resolve these many complicated issues. I know Doug appreciates the cooperation he has received from you, Tony Melum, Bob Burnham and Jim Hewicker. Nevertheless, certain major problems mainly relating to permitted uses, the operation of the Edgewater Place parking structure and Landing Associates' parking rights remain unresolved. 1' ;1.LVlLni.a 7 that he b_uaDour C bivuL1t and Lil.0acquired certain vested uses under the original Use Permit No. 1086 issued in 1964 relating to the water areas and certain parking rights under Use Permit No. 3076 issued in 1984 together with the lease and offsite parking agreement entered into between the City, the Howards and Balboa Landing in 1985 relating to the redevelopment of the property. Unfortunately, Doug was unaware and could never have expected that the Edgewater Place parking structure would have such serious defects in design and operation. Nor did he anticipate that the City would later attempt to impose the regulations of Chapter 17.41 of the Municipal Code requiring a commercial activities permit to continue the sportfishing operations and other permitted uses in the marina which had been allowed to exist as part of Use Permit Nos. 1086 and 3076. I understand from a recent discussion with Jim Hewicker that the Planning Department will be submitting a report to the City Council within the next four to six weeks reviewing the deficiencies associated with the operation of the Edgewater Place parking structure by the successor in interest to Balboa Landing, BA Mortgage. Hopefully, the City will be able to take some affirmative action under the reservation of rights provisions Use .. Perm w.-._ ■ to persuade T wr,or,i-.-._...... Cviitaiicu in ts5- rciiuiL ivC�. 3i22 a.aJ �CrSiic'a�.:.� .']�r Mortgage �v correct the design and operation inadequacies associated with the Edgewater parking structure. Doug Salisbury has submitted suggestions to both BA Mortgage and the City on possible modifications to the structure which would improve its operational capability. Doug remains available to work with the staff on the implementation of any plan to remedy the parking structure problems. By letter dated October 24, 1990, you issued a commercial activities permit to James E. Watts, tenant of Landing Associates and operator of Newport Landing Sportfishing, Inc. The permit cites in the findings a reference to Use Permit No. 1086 and authorizes the existing sportfishing business including all day and half -day sportfishing boats, charter boats, fishing skiff 03-18-91 18085-00002 GAD0C\152\C0RR\91030005 ATR PETTIS, TESTER, KAUSE 8c KAINSKy David Harshbarger, Marine Director March 18, 1991 Page 3 rentals, live bait sales, tackle store & ticket office, Glasspar boat dealership, Johnson Outboard sales and service, marine fuel dock facilities and a small restaurant. The commercial activities permit issued specifically authorized sportfishing at Newport Landing but limited in operation to four vessels with passenger loadsnot exceeding a total of 232 passengers. c'iitilCiugil the permit "gra2ld athered' in the sportfishing business, no mention was made of the other businesses authorized by Use Permit No. 1086 which would qualify as existing activities under Section 17.41.120. In transmitting the harbor activities permit to the City, Doug Salisbury expressly reserved all of the rights and entitlements under Use Permit No. 1086. Doug remained convinced, as he does today, that the intent of Chapter 17.41 was meant to regulate so-called "party boats" which were increasing in number creating additional demands on available parking and not.directed towards long-standing boating activities in the harbor. Section 17.41.025(a) expressly excepts commercial fishing activities from the regulations of Chapter 17.41 and accordingly, Doug has consistently taken the position that regardless of his rights under Use Permit No. 1086, the Newport Landing fishing boats should not require a permit because they are a commercial fishing activity and therefore were exempt. Landing Associates is now proposing to lease out a portion of the Newport Landing "inside" marina formerly occupied by the Balboa Sailing Club to tenants who would operate such uses as a six-pac charter fleet, boat rental and/or charters, harbor tour boats, or perhaps a new sailing club. This would be conss i:�l. Gil a. Wit.11 uses£.lCiilli l-ted under use u1 L. No. llibq -which were in existence prior to the adoption of Chapter 17.41 into the Municipal Code. If we need to meet to discuss the contents of this letter, please give me a call and I will arrange a mutually agreeable time. Very truly yours, DDO/dlg Dennis D. O'Neil cc: Douglas L. Salisbury Robert H. Burnham Tony Melum Jim Hewicker 03-18-91 18085-00002 G:\1)0C\152\C0RR\91030005.LTR CITY OF NE PORT BEACH P.O. BOX 176�,, NEWPORT BEACH, CA 92659-1768 December 4, 1990 Ken Nelson Newport Landing 503 E. Edgewater Newport Beach, Ca. 92661 Dear Mr. Nelson: a� IV It has been a year since the Marine Department Staff reviewed Newport Landing's Maintenance Permit Application to construct a vessel waste pump on the dock and approved the proposed work. There has been several communications between your office and this department, all leading this staff to believe that work would commence at once. To date this hasn't happened. The Marine Department is concerned that another Christmas Boat Parade will occur, with passenger boats departing from Newport Landing,- and the facility still not complying with the requirement to have a functioning vessel pumpout station. The station should be operating before December 15, 1990. Failure to meet this deadline may curtail charter operations from Newport Landing after that date. Please call 644-3044 if there is a need to discuss this further. Sincerer Wes Armand Marine Department 3300 Newport Boulevard, Newport Beach s SALISBURY ENTERPRISES, INC. October 31, 1990 Mr. David Harshbarger Marine Director City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Re: Commercial Harbor Permit Application Newport Landing Sportfishing, Inc. Newport Landing Marina Dear David: I just returned from out-of-state and received a copy of your Notice of Decision in response to Newport Landing Sportfishing, Inc. Is October 19th application for a Commercial Harbor Activities Permit for their new boat. First, I would like to express my sincere appreciation and thanks to you, Tony Melum, Bob Burnham and the Planning Department for your favorable consideration of this application and for allowing Jim Watts and myself the opportunity to present our case in support of the new boat. I certainly realize that most issues are not clearly black or white and that sometimes shades of gray are appropriate. Per your request, I have executed and enclosed a copy of your October 24, 1990 Notice of Decision. I have revised the acknowledgment to reflect my signature as President of Salisbury Enterprises, Inc., the General Partner of Landing Associates. This acknowledgment is being returned with the understanding that Landing Associates is not waiving any of its rights or entitlements under Use Permit #1086 which authorized the conduct of the existing sportfishing business at Newport Landing Marina. As you recall, 17042 Gillette Avenue • Irvine, California 92714 • (714) 250-0331 (714) 250-5729 Mr. David Harshbarger October 31, 1990 Page Two Bob Burnham agreed to this provision during our meeting together on October 18, 1990. We will be exploring this further with Bob in the future. Again, many thanks for your support with our request. Very truly, Douglas L. Salisbury President DLS:sd Enclosure cc: Robert H. Burnham, Esq., City Attorney Tony Melum, Tidelands Administrator James E. Watts October 24, 1990 James E. Watts Newport Landing Sportfishing, Inc. 503 Edgewater Place Balboa, California 92661 Re: Notice of Decision Commercial Harbor Permit Appl.catio Newport Landing Sportfishing, Inc. Dear Mr. Watts: I have approved your application for a commercial harbor permit to conduct sportfishing operations from Newport Landing at 309 Palm Street. My decision to approve your application is based upon the findings attached as Exhibit "All and approval is subject to those conditions specified in the permit. Please sign in the space provided below if you accept the permit and if you agree to the conditions imposed on the permit. The pier permittee is also required to indicate acceptance of the conditions, so please have Mr. Salisbury sign as well. You have the right to appeal any aspect of my decision to the City Council. The appeal must be in writing and filed with the City Clerk no later than fifteen days after the date of this letter. You are required to specify the facts and circumstances that form the basis of your appeal. Please contact Tony Melum if you have any questions regarding this notice of decision, the conditions to the permit, or any related matter. Very truly yours, David Harshbarger Marine Director I accept and agree to abide by the conditions specified in the Commercial Harbor Permit for Newport Landing Sportfishing, Inc. James E. Watts Newport Landing Sportfishing, Inc. kMC/sptfsh.ttr, . Salisbury Enterprises, Inc. General Partner Landing Associates By:�_ g Douglas L. Salisbury President Dated: October 31, 1990 TRANSMISSION REPORT :CNB PROF/TECH i OCT 25 '.90 11:32 4'. DATE START REMOTE TERMINAI- MODE TIME RESULTS TOTAL DEPT. TIME IDENTIFICRM"N PAGES CODE OCT 25 11:27 PETIS TESTER KRUSE G3DT 05'05" OK 06 2818 A, z),,2 Ve, October 24, 1990 James E. Watts Newport Landing Sportfishing, Inc. 503 Edgewater Place Balboa, California 92661 Re: Notice of Decision Commercial Harbor Permit Application Newport Landing Sportfishing, Inc. Dear Mr. Watts: I have approved your -application for a commercial harbor permit to conduct sportfishing operations from Newport Landing at 309 Palm Street. My decision to approve your application is based upon the findings attached as Exhibit "A" and approval is subject to those conditions specified in the permit. Please sign in the space provided below if you accept the permit and if you agree to the conditions imposed on the permit. The pier permittee is also required to indicate acceptance of the conditions, so please have Mr. Salisbury sign as well. You have the right to appeal any aspect of my decision to the City Council. The appeal must be in writing and filed with the City Clerk no later than fifteen days after the date of this letter. You are required to specify the facts and circumstances that form the basis of your appeal. Please contact Tony Melum if you have any questions regarding this notice of decision, the conditions to the permit, or any related matter. Very truly yours, r— David Harshbarger Marine Director I accept and agree to abide by the conditions specified in the Commercial Harbor Permit for Newport Landing Sportfishing, Inc. James E. Watts Newport Landing Sportfishing, Inc. Doug. Salsbury General Partner Landing Associates kmc/spt#sh.ltr EXHIBIT "A" FINDINGS IN SUPPORT OF APPROVAL OF COMMERCIAL HARBOR PERMIT # I have reviewed and considered the written materials submitted in conjunction with the application for commercial harbor permit authorizing sportfishing operations at Newport Landing, and testimony offered by the applicant and.the pier permittee at a meeting held on October 18, 1990. After considering the application and the evidence offered in support of the application, both oral and documentary, the Marine Director finds as follows: 1. A sportfishing operation has been conducted bayward of the property at 503 East Edgewater Avenue in Balboa for more than 25 years. The sportfishing operation has been interrupted only during the construction of buildings on upland property or the construction/alteration of piers and floats. 2. On November 19, 1964, the Newport Beach Planning Commission approved Use Permit #1086. Use Permit #1086 authorized the conduct of the existing sportfishing business consisting of all day and half day sportfishing boats, charter fishing boats, fishing skiff rentals, live bait sales, tackle store and ticket office, Glaspar boat dealership, Johnson outboard sales and service, marine dock facilities and a small restaurant oriented to serving fishermen and boaters. 3. Use Permit #1086 was granted prior to the establishment of parking standards for a sportfishing business, but was conditioned such that Lot 9 of the Balboa bayside tract be used only for the parking of automobiles. No other parking requirements were imposed on the sportfishing business authorized by Use Permit #1086. 4. On January 14, 1985, the Newport Beach City Council approved Ordinance number 84-29, which established new regulations on commercial activities conducted on the waters of Newport Harbor. The new regulations were adopted because of traffic congestion, parking problems and noise associated with the increase in charter boat activity --especially "in harbor" cruises. The revised commercial harbor activities ordinance "grandfathered" the operations of those holding permits issued prior to the effective date of the ordinance, but prohibited the permittee from increasing or expanding operations in the absence of an amendment to the permit. kmc/sptfsh.ltr EXHIBIT "A" (continued) 5. Use Permit #1086 is not the functional equivalent of a commercial harbor activities permit, but sportfishing operators may have refrained from applying for a commercial harbor activities permit because of the rights conferred by Use Permit #1086. On the effective date of the commercial harbor activities ordinance, the sportfishing operation bayward of 503 Edgewater consisted of four vessels --the Helena, Explorer II, Southern Cal, and Longf in. A "six-pack" charter also operated from the location. The maximum occupant load of all sportfishing vessels operating from the location was 232. 6. In 1985, after approval of the commercial harbor activities permit ordinance, the Newport Beach City Planning commission and/or City Council approved Use Permits #3076 and #3122, which authorized development of the Edgewater Place/Newport Landing Project. These use permits authorized the construction of a three-story building on property covered by Use Permit #1086, including the lot reserved for parking. These use permits superceded Use. Permit #1086, but did not purport to prohibit sportfishing activities bayward of the new project. To the contrary, the Planning Department staff reports, and conditions of approval, suggest that the City and the property owner contemplated continuous sportfishing operations at or below the then current levels of service. Again, the sportfishing operator may have concluded no commercial harbor activities permit was necessary because these use permits appear to assume that sportfishing operations will continue at then current levels. 7. The parking structure built in conjunction with the Edgewater Place development does not function as intended, nor is it properly operated by the property owner. The elevators installed in the structure do not transport cars to different levels of the structure as fast as represented by reports submitted to the Planning Commission and City Council. The parking structure is not staffed with requisite number of qualified personnel necessary to ensure proper operation. In many cases, Newport Landing Personnel have assisted the parking lot operator in accommodating their customers. 8. In spite of the problems associated with the Edgewater Place parking structure, the Marine Director is unable to make the finding that the "proposed commercial activity does not provide facilities to ensure adequate parking, safe vehicular ingress and egress, and the safe loading kmc/sptfsh.ltr and unloading of passengers and supplies" in that: (a) conditions of approval establish passenger service levels only slightly above the capacity of vessels currently operating from Newport Landing. (b) the Marine Department has reserved the right to impose additional conditions or restrictions on the sportfishing operation if parking problems result from the new vessel and the additional passengers which it will attract to Newport Landing. (c) Conditions of approval establish passenger service levels identical to those which existed when the commercial harbor activities ordinance became law and no significant parking problems were noted at that level of service. (d) City staff has announced the intention to take the issue of the parking structure to the Planning Commission for their review and consideration -- action which may prompt the property owner to comply with the terms and conditions to Use Permits #3076 and #3122. (e) sportfishing passengers arrive at Newport Landing well before restaurant and retail operations open for business. Some of the sportfishing vehicles will exit from the parking structure before Newport Landing and Parker Seafood open for lunch, and substantially all of the sportfishing vehicles will leave the parking structure before the arrival of dinner patrons. 9. The Marine Director has retained the authority to impose additional conditions or restrictions on permittee in the event the new vessel or related passengers create noise which adversely affects the rights of those who work or own property in the area. 10. The vessels to be used by the applicants satisfy all applicable standards of the United States Coast Guard. 11. The proposed commercial activity is not likely to create marine traffic congestion, interfere with the rights of others to use the waters of Newport Harbor, nor contribute to the problem of pollution and litter on or in the waters of Newport Beach. kmc/sptfshA tr COMMERCIAL HARBOR PERMIT FOR NEWPORT LANDING SPORTFISHING AND CONDITIONS FOR APPROVAL A commercial harbor activities permit is hereby issued to James E. and Pamela D. Watts and Newport Landing Sportfishing, Inc. This commercial harbor activities permit ("Permit") authorizes the conduct of a sportfishing operation at 503 East Edgewater Place in Newport Beach. The specific activities permitted are limited to the operation of the vessel specified in this Permit for purposes of sportfishing, commercial fishing, or "whale watching," and the sale of merchandise incidental to such activities. The following conditions and restrictions are hereby imposed upon the permit: 1. Permittee shall operate no more than four (4) sportfishing vessels. The permitted vessels are the "Amigo", "The Reveille", "The Nautilus" and the new 75 foot long vessel currently under construction. Permittee shall not substitute any vessel for those listed above without the express written approval of the Marine Director. 2. For passenger loads on the vessels permittee is entitled to operate, shall not exceed the following: (a) Amigo - 35 (b) The Reveille - 30 (c) The Nautilus - 72 (d) New Vessel - 95 232 Total 3. The Marine Director reserves the right to impose additional conditions or restrictions on the commercial harbor activities permit, including, without limitation, restrictions on the maximum passenger loads of each vessel, the number of vessels permitted to operate, the hours of -operation, and remote parking of passengers combined with mass transportation to the landing. kmc/sptfsh.ltr October 24, 1990 James E. Watts Newport Landing Sportfishing, Inc. 503 Edgewater Place Balboa, California 92661 Re: Notice of Decision Commercial Harbor Permit Application Newport Landing Sportfishing, Inc. Dear Mr. Watts: I have approved your application for a commercial harbor permit to conduct sportfishing operations from Newport Landing at 309 Palm Street. My decision to approve your application is based upon the findings attached as Exhibit "A" and approval is subject to those conditions specified in the permit. Please sign in the space provided below if you accept the permit and if you agree to the conditions imposed on the permit. The pier permittee is also required to indicate acceptance of the conditions, so please have Mr. Salisbury sign as well. You have the right to appeal any aspect of my decision to the City Council. The appeal must be in writing and filed with the City Clerk no later than fifteen days after the date of this letter. You are required to specify the facts and circumstances that form the basis of your appeal. Please contact Tony Melum if you have any questions regarding this notice of decision, the conditions to the permit, or any related matter. . Very truly yours, David Harshbarger Marine Director I accept and agree to abide by the conditions specified in the Commercial Harbor Permit for Newport Landing Sportfishing, Inc. James E. Watts Newport Landing Sportfishing, Inc. kmc/sptfshA tr. Salisbury Enterprises, Inc. General Partner (Landing Associates Douglas L. Salisbury President Dated: October 31, 1990 October 24, 1990 James E. Watts Newport Landing Sportfishing, Inc. 503 Edgewater Place Balboa, California 92661 Re: Notice of Decision Commercial Harbor Permit Application Newport Landing Sportfishing, Inc. Dear Mr. Watts: I have approved your application for a commercial harbor permit to conduct sportfishing operations from Newport Landing at 309 Palm Street. My decision to approve your application is based upon the findings attached as Exhibit 1°A" and approval is subject to those conditions specified in the permit. Please sign in the space provided below if you accept the permit and if you agree to the conditions imposed on the permit. The pier permittee is also required to indicate acceptance of the conditions, so please have Mr. Salisbury sign as well. . You have the right to appeal any aspect of my decision to the City Council. The appeal must be in writing and filed with the City Clerk no later than fifteen days after the date of this letter. You are required to specify the facts and circumstances that form the basis of your appeal. Please contact Tony Melum if you have any questions regarding this notice of decision, the conditionsto the permit, or any related matter. Very truly yours, David Harshbarger Marine Director I accept and agree to abide by the conditions specified in the Commercial Harbor Permit for Newport Landing Sportfishing, Inc. James E. Watts Newport Landing Sportfishing, Inc. Doug Salsbury General Partner Landing Associates kmclsptfsh.ltr EXHIBIT "A" FINDINGS IN SUPPORT OF APPROVAL OF COMMERCIAL HARBOR PERMIT # I have reviewed and considered the written materials submitted in conjunction with the application for commercial harbor permit authorizing sportfishing operations at Newport Landing, and testimony offered by the applicant and the pier permittee at a meeting held on October 18, 1990. After considering the application and the evidence offered in support of the application, both oral and documentary, the Marine Director finds as follows: 1. A sportfishing operation has been conducted bayward of the property at 503 East Edgewater Avenue in Balboa for more than 25 years. The sportfishing operation has been interrupted only during the construction of buildings on upland property or the construction/alteration of piers and floats. 2. On November 19, 1964, the Newport Beach Planning Commission approved Use Permit #1086. Use Permit #1086 authorized the conduct of the existing sportfishing business consisting of all day and half day sportfishing boats, charter fishing boats, fishing skiff rentals, live bait sales, tackle store and ticket office, Glaspar boat dealership, Johnson outboard sales and service, marine dock facilities and a small restaurant oriented to serving fishermen and boaters. 3. Use Permit #1086 was granted prior to the establishment of parking standards for a sportfishing business, but was conditioned such that Lot 9 of the Balboa bayside tract be used only for the parking of automobiles. No other parking requirements were imposed on the sportfishing business authorized by Use Permit #1086. 4. On January 14, 1985, the Newport Beach City Council approved Ordinance number 84-29, which established new regulations on commercial activities conducted on the waters of Newport Harbor. The new regulations were adopted because of traffic congestion,.parking problems and noise associated with the increase in charter boat activity --especially "in harbor" cruises. The revised commercial harbor activities ordinance "grandfathered" the operations of those holding permits issued prior to the effective date of the ordinance, but prohibited the permittee from increasing or expanding operations in the absence of an amendment to the permit.. kmc/sptfsh.ltr EXHIBIT "A" (continued) 5. Use Permit #1086 is not the functional equivalent of a commercial harbor activities permit, but sportfishing operators may have refrained from applying for a commercial harbor activities permit because of the rights conferred by Use Permit #1086. On the effective date of the commercial harbor activities ordinance, the sportfishing operation bayward of 503 Edgewater consisted of four vessels --the Helena, Explorer II, Southern Cal, and Longf in. A "six-pack" charter also operated from the location. The maximum occupant load of all sportfishing vessels operating from the location was 232. 6. In 1985, after approval of the commercial harbor activities permit ordinance, the Newport Beach City Planning Commission and/or City Council approved Use Permits#3076 and #3122, which authorized development of .the Edgewater Place/Newport Landing Project. These use permits authorized the construction of a three-story building on property covered by Use Permit #1086, including the lot reserved for parking. These use permits superceded Use Permit #1086, but did not purport to prohibit sportfishing activities bayward of the new project. To the contrary, the Planning Department staff reports, and conditions of approval, suggest that the City and the property owner contemplated continuous sportfishing operations at or below the then current levels of service. Again, the sportfishing operator may have concluded no commercial harbor activities permit was necessary because these use permits appear to assume that sportfishing operations will continue at then current levels. 7. The parking structure built in conjunction with the Edgewater Place development does not function as intended, nor is it properly operated by the property owner. The elevators installed in the structure do not transport cars to different levels of the structure as fast as represented by reports submitted to the Planning Commission and City Council. The parking structure is not staffed with requisite number of qualified personnel necessary to ensure proper operation. In many cases, Newport Landing Personnel have assisted the parking lot operator in accommodating their customers. 8. In spite of the problems associated with the Edgewater Place parking structure, the Marine Director is unable to make the finding that the "proposed commercial activity does not provide facilities to ensure adequate parking, safe vehicular ingress and egress, and the safe loading kmc/sptfsh.ltr and unloading of passengers and supplies" in that: (a) conditions of approval establish passenger service levels only slightly above the capacity of vessels currently operating from Newport Landing. (b) the Marine Department has reserved the right to impose additional conditions or restrictions on the sportfishing operation if parking problems result from the new vessel and the additional passengers which it will attract to Newport Landing. (c) Conditions of approval establish passenger service levels identical to those which existed when the commercial harbor activities ordinance became law and no significant parking problems were noted at that level of service. (d) City staff has announced the intention to take the issue of the parking structure to the Planning Commission for their review and consideration -- action which may prompt the property owner to comply with the terms and conditions to Use Permits #3076 and #3122.. (e) sportfishing passengers arrive at Newport Landing well before restaurant and retail operations open for business. Some of the sportfishing vehicles will exit from the parking structure before Newport Landing and Parker Seafood open for lunch, and substantially all of the sportfishing vehicles will leave the parking structure before the arrival of dinner patrons. 9. The Marine Director has retained the authority to impose additional conditions or restrictions on permittee in the event the new vessel or related passengers create noise which adversely affects the rights of those who work or own property in the area. 10. The vessels to be used by the applicants satisfy all applicable standards of the United States Coast Guard. 11. The proposed commercial activity is not likely to create marine traffic congestion, interfere with the rights of others to use the waters of Newport Harbor, nor contribute to the problem of pollution and litter on or in the waters of Newport Beach. kmc/sptfsh.ltr COMMERCIAL HARBOR PERMIT FOR NEWPORT LANDING SPORTFISHING AND CONDITIONS FOR APPROVAL A commercial harbor activities permit is hereby issued to James E. and Pamela D. Watts and Newport Landing Sportfishing, Inc. This commercial harbor activities permit ("Permit") authorizes the conduct of a sportfishing operation at 503 East Edgewater Place in Newport Beach. The specific activities permitted are limited to the operation of the vessel specified in this Permit for purposes of sportfishing, commercial fishing, or "whale watching," and the sale of merchandise incidental to such activities. The following conditions and restrictions are hereby imposed upon the permit: 1. Permittee shall operate no more than four (4) sportfishing vessels. The permitted vessels are the "Amigo", "The Reveille", "The Nautilus" and the new 75 foot long vessel currently under construction. Permittee shall not substitute any vessel for those listed above without the express written approval of the Marine Director. 2. For passenger loads on the vessels permittee is entitled to operate, shall not exceed the following: (a) Amigo - 35 (b) The Reveille - 30 (c) The Nautilus - 72 (d) New Vessel - 95 232 Total 3. The Marine Director reserves the right to impose additional conditions or restrictions on the commercial harbor activities permit, including, without limitation, restrictions on the maximum passenger loads of each vessel, the number of vessels permitted to operate, the hours of operation, and remote parking of passengers combined with mass transportation to the landing. kmc/sptfshA tr October 18, 1990 HAND DELIVERED Mr. David Harshbarger Marine Director City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Re: Newport Landing Marina Sportfishing Activities Dear Dave: SALISBURY ENTERPRISES, INC. In response to your correspondence and our conversations -of yesterday, this letter will serve as our formal request to be allowed to proceed with the required commitment for the new sportfishing vessel for Newport Landing Sportfishing, Inc., subject to the following conditions: 1) The new vessel will not be put into service any sooner than June of 1991. 2) The new vessel will be restricted to a maximum passenger load of 100. 3) At the time the new vessel is put into service, the existing three vessels in the sportfishing fleet will concurrently reduce their current maximum passenger loads by 72 passengers as follows: From To Reduction Nautilus.......... 116 72 (-44) Amigo ............. 48 35 (-13) Reveille.......... 45 30 (-15) Total ............. 209 137 (-72) 4) Based upon the above reduced maximum passenger loads of 137 on the existing vessels plus the 100 maximum passenger load (100) of the new vessel, the total potential maximum passenger loads for the fleet could thus only increase by a maximum of 28 passengers. It is our understanding, pursuant to the City's Use Permits for Newport Landing, that a total of 58 stalls are required. Of the 58 stalls, 54 are required for the land uses and 4 are required for the water uses. At present, Newport Landing has the sole and exclusive rights to 73 parking stalls within the Edgewater Place parking structure and four (4) additional stalls are provided on- 17042 Gillette Avenue • Irvine, California 92714 • (714) 250-0331 (714) 250-5729 Mr. David Harshbarger October 18, 1990 Page Two site behind the restaurant facilities, for a total of 77 parking stalls, or 19 in excess of the requirements. An increase of 28 in the maximum passenger loads for the sportfishing activities would require 14 of the additional stalls already available, still leaving an excess of 5 stalls above the most stringent interpretation of code required parking for the project. As you are aware, our original request to bring in the new sportfishing vessel dates back to early December of last year. At that time, Newport Landing Sportfishing had a commitment from the boat builder to deliver the boat for the summer season at a total cost of $470,000. The same vessel, if a deposit is provided prior to October 22nd, will cost $665,000 and can be delivered prior to the next summer season. If, however, the vessel cannot be ordered and a deposit delivered by Monday, the vessel will increase in price by another $200,000 (to $865,000) and delivery would not be able to occur until after next summer's season. A denial of our above request would impose a significant financial burden on both Newport Landing Sportfishing and the owners of the development. The new boat is a requirement of Newport Landing Sportfishing, Inc.'s business. The above proposal would provide for the new vessel order to be placed as required and allow us and the City the additional time to discuss and explore the history of the property, the Use Permits, the marina parking requirements, and find and agree upon the permanent restrictions which will thereafter be applicable to the marina uses and parking for the future. To assist us in this process, we have hired Dennis O'Neil of Pettis, Tester, Kruse & Krinsky to assist us in working with you toward arriving at the appropriate long term solution for all parties concerned. We believe that our revised request for this interim period of time is a reasonable one which can be supported and documented under any interpretation of restrictions which may be applicable to the marina at Newport Landing. Due to the circumstances, we need your support of this reduced proposal at this time. Very truly, Douglas L. Salisbury President General Partner Landing Associates DLS:jh cc: Robert H. Burnham, Esq. Dennis D. O'Neil, Esq. Jim Watts 17.40.090-17.41.005 HARBOR REGULATIONS (b) The houseboat marina has become a source of pollution of the harbor. (c) The facilities of the marina or the houseboats located therein have fallen into a state of disrepair. (d) Individual houseboats are permitted or maintained within the marina which do not meet the requirements for houseboats established by this Chapter. (Ord. 1029 (part), 1963: 1949 Code § 8705). 17.40.090. Administration of Chapter - Appeal. The provisions of this Chapter shall be administered by the Community Development Director in coordination with the Marine Director. Any aggrieved person may appeal any decision of the Building Official to the City Council by filing a written notice of appeal with the City Clerk within 15 days after the date on which notice of the decision is mailed to the applicant. The City Council shall make a decision on the appeal within thirty (30) days and such decision shall be final. (Ord. 1602 § 11., 1975: Ord. 1286 § 11, 1968: Ord. 1029 (part), 1963: 1949 Code § 8706). Chapter 17.41 COMMERCIAL ACTIVITIES ON THE WATERS OF NEWPORT HARBOR* Sections: 17.41.005 17.41.010 17.41.020 17.41.025 17.41.030 17.41.040 17.41.050 l 7.41.070 17.41.080 17.41.090 17.41.095 17.41.100 17.41.110 17.41.120 Findings and Purpose. Definitions. Permit for Commercial Activities Required. Exceptions. Application for Permit. Filing Fee. Issuance of Permit. Power to Impose Conditions. Hold Harmless. Duration of Permit. Revocation. Appeal. Transfer of Permit. Licenses and Fees not Exclusive. Application to Existing Activities. 17.41.005 Findings and Purpose. In adopting this Chapter, the City Council makes the following findings: (a) There has been a significant increase in the nature and intensity of commercial activities such as harbor cruises, dinner cruises and water taxi services occurring on and over the waters of Newport Beach; and 'Prior ordinance history: ords. 1345, 1573, 1602, 1612, 1759 and 1766. (Newport Beach 3.85) 368 COMMERCIAL ACTIVITIES, HARBOR. 17.41.010-17.41.030 (b) This commercial activity has created an additional demand for available parking and created traffic congestion in and around the water- front; and (c) On occasion, this commercial activity has created an unreasonable level of noise which has interfered with the right of persons who own prop- erty on or near Newport Bay to the peaceful enjoyment of their property; and (d) This commercial activity has the potential to interfere with the free -flow of boats and vessels operating on waters of Newport Beach and, the potential to increase the amount of pollution litter on and in those waters-, and (e) In adopting this Chapter, the City Council intends that the health, safety and welfare of those who use, enjoy and own property near the waters of Newport Beach are not, adversely affected by commercial activities con- ducted on those waters. (Ord. 84--29 § I (part), 1984). 17.41.010 Definitions. (a) For the purpose of this Chapter, the term "waters of Newport Beach" shall mean all waters within the corporate limits of the City of Newport Beach and within which the tide ebbs and flows, whether or not the ordinary or mean high tide line of the Pacific ocean has been fixed by ordinance, statute, court action or otherwise, and whether or not the lands lying tinder the tidal water are privately or public owned, (b) For the purpose of this Chapter, the term "commercial activity" shall mean any service, trade, business or occupation carried on, for which any monetary or other valuable consideration is received, or for the purpose of profit. (Ord. 84-29 § 1 (part), 1984). 17.41.020 Permit for Commercial Activities Required. No person shall engage in, or conduct, any commercial activity on the waters of Newport Beach, unless that person has obtained a permit for such activity pursuant to the provisions of this Chapter. (Ord. 84-29 § I (part), 1984). 17.41.025 Exceptions. The requirements of this Chapter are not ap- plicable to the following: (a) Commercial fishing activities; (b) Boat repair and maintenance services; (c) Marine construction or contracting services; or (d) Vessels used in conjunction with an exempt activity shall also not be used for office purposes unless such use is specifically authorized via per- mit issued pursuant to this Chapter. (Ord. 84-29 § 1 (part), 1984). 17.41.030 Application for Permit. An application for permit under this Chapter shall be filed with the Marine Director, upon forms provided by the City, and shall contain the following information, and such other informa- tion as the City Council may require: 368-1 (Newport Beach 3-85) l 17.41.040-17.41.050 HARBOR REGULATIONS (a) The name, business address and business telephone number of applicant; (b) If the applicant proposes to conduct business under a fictitious name, the application shall state the name, address and telephone number of each person owning a financial interest in the business; (c) The name, address and telephone number of the person, or persons, who will have general. management responsibility for applicant's business; (d) A detailed drawing of the boat, watercraft and/or other facilities applicant proposes to use, together with such specifications and other tech- nical data as may. be needed for proper evaluation of the application; (e) A full description of the proposed method of operation of such vessel, watercraft and/or other facilities, including but not limited to: 1. Hours of operation, 2. Maximum number of patrons or passengers, 3. Route or routes of travel, ' 4. Embarkation and debarkation points, 5. Type of activities permitted on -board, 6. Type of merchandise sold; '(f) A description of the manner in which applicant intends to dispose of sewage, trash and litter resulting from the operation; (g) A description of the type of entertainment applicant proposes to provide, if any; (h) A description of any sound amplification .which applicant proposes to use; W A description and location of parking facilities available for the pro- posed operation; (j) Other information which may be pertinent to vehicular or marine traffic, parking, noise, pollution, litter, or any other matter which could adversely affect the health, safety and welfare of those who use, enjoy or own property near the waters of Newport Brach. (Ord. 84-29 § 1 (part), 1984). 17.41.040 Filing Fee. An application for a Commercial Harbor Activities Permit shall be accompanied by the fee established by resolution of the City Council. (Ord. 84-29 § l (part), 1984). 17.41.050 Issuance of Permit. Upon receipt of an Application for Com- mercial Harbor Activities Permit, the Marine Director shall investigate the information contained in the application. The Marine Director may refer the application to the Planning Department or other appropriate City depart- ments, or to the Orange County Sheriff's Harbor Patrol for investigation, report or recommendation. Except as provided in this section, the Marine Director shall issue the Permit upon a determination that approval of the Application will not ad- versely affect the health, safety or welfare of those who use, enjoy, or own propety near the waters of Newport Beach. (Newport Beach 3-85) 368-2 COMMERCIAL ACTIVITIES, HARBOR 17.41.070 - The Marine Director shall deny the Application if: (a) The proposed commercial activity is likely to create noise which would adversely affect use or enjoyment of the waters of Newport Beach by members of the public, or interfere with the rights of those who own prop- erty near the waters of Newport Beach to the peaceful and quiet enjoyment of that property: (b) The proposed commercial activity. is likely to contribute to the problem of pollution and litter on and in the waters of Newport Beach; (c) The vessel or craft to be used by the Applicant does not satisfy the applicable standards of the U.S. Coast Guard; (d) The proposed commercial activity is likely to create marine traffic congestion, or otherwise interfere with the rights of others to use the waters of Newport Beach; and (e) The proposed commercial activity does not provide facilities to ensure adequate parking, safe vehicular ingress and egress, and the safe load- ing and unloading of passengers and supplies. The Marine Director shall notify Applicant of his decision within 90 days from the date on which the application is submitted. (Ord. 84-29 § l (part), 1984). 17.41.070 Power to Impose Conditions; Hold Harmless. In granting any permit pursuant to this Chapter, the Marine Director, or the City Council on appeal, may impose any additional conditions on the permit to ensure that the proposed commercial activity will be compatible with the predominantly recreational character of the waters of Newport Beach, the rights of other persons using the waters of Newport Beach, the interests of residents and property owners whose properties abut or are in close proxi- mity to the waters of Newport Beach, and the interests of the general public. Any such permit shall contain a provision stating that the permittee shall hold the City, the County of Orange, and the Orange County Harbor District harmless from, and indemnify said agencies against, any claim for damages arising out of the exercise of the permit; in addition. the permittee shall reimburse said agencies for all attorney's fees and other costs which are ex- pended by them in defending against any claim, lawsuit or judgment arising out of the activities of the permittee carried on under the authority of such permit. The Marine Director or City Council, on approval or review, shall have the power to impose new conditions or modify existing conditions with re- gard to any permit issued pursuant to this Chapter upon a determination that the operations by permittee, in the absence of the new or modified conditions, does adversely impact the health, safety or welfare of those who use, enjoy and own property near the waters of Newport Beach. (Ord 84-29 § I (part), 1984). 368-3 (Newpurt Beach 3.85) I 17.41.080-17.41.100 HARBOR REGULATIONS 17.41.080 Duration of Permit. Unless otherwise specified, a permit issued pursuant to this Chapter shall be valid until terminated or revoked. (Ord. 84-29 § 1 (part), 1984). 17.41.090 Revocation.'Any permit granted pursuant to the provisions of this Chapter may be revoked, by the Marine Director, in whole or in part, upon five days' prior written notice to permittee. directing the permittee to appear at the time, date and place specified in the notice to show cause why the permit should not be revoked. The notice shall specify the reasons for the proposed action. A permit may be revoked on any of the following grounds: (a) That the permit holder has made a misrepresentation as to any ma- terial fact set forth in the application; (b) For the violation of any law, rule or regulation of the United States, the United States Coast GOard, the State of California, the City of Newport Beach, the County of Orange or the Orange County Sheriff's Harbor relating to the commercial activities authorized by any permit issued pursuant to this Chapter; (c) That the commercial activities of permittee adversely affect the health, safety or welfare of those who use, enjoy or own property near the - waters of Newport Beach; (d) That the commercial activities of permittee fall within the criteria for denial of an application, as set forth in subparagraph (a), (b), (c), (d) or (e) of Section 17.41.050. (Ord. 84-29 § I (part), 1984). 17.41.095 Appeal. Any applicant aggrieved by a decision of the Marine Director may appeal to the City Council. The appeal must be in writing, filed with the City Clerk within 15 days from the date on which notice of the action by the Marine Director was deposited in the U.S. Mail, and must set forth the facts and circumstances that form the basis of the appeal. The City Council may preside over the hearing on .appeal or, in the al- ternative, may appoint a hearing officer to receive all relevant evidence and to prepare findings and recommendations to be considered by the City Council at a regular meeting held within 60 days from the date of the hear- ing. The City Council shall determine the merits of the appeal and may sustain, overrule, or modify the action of the Marine Director. The decision of the City Council shall be final. (Ord. 84-29 § 1 (part), 1984). 17.4-1.100 Transfer of Permit. No permit issued pursuant to the provi- sions of this Chapter shall be transferable either by assignment, sale, hypo- thecation, operation of law or otherwise without permission of the City Council having first been obtained. Application for transfer of any permit shall be subject to the same terms, conditions and requirements as an application for an original permit. In approving the transfer of any existing 1 permit, the City Council may impose such conditions as it may determine are in the public interest. (Ord. 84-29 § 1 (part), 1984). (Newport arum s-as) 368-4 J COMMERCIAL ACTIVITIES, HARBOR 17.41.110-17.41.130 17.41.110 Licenses and Fees not Exclusive. Fees and permits required by this Chapter shalt be in addition to any license, permit or fee required under any other Chapter of this Code or any other provision of law. (Ord. 84-29 § 1 (part), 1984). 17.41.120 Application to Existing Activities. The commercial activities of those holding permits issued prior to. the effective date of this Chapter. may be continued to the extent authorized by permit or prior ordinances, but the permittee shall not increase, or expand activities beyond those which are conducted on the effective date of this Chapter, unless an amendment to the permit has been approved by the Marine Director or City Council on appeal Any person, firm, corporation or other entity conducting any com- mercial activity -.on the waters of Newport Beach on the effective date of this Chapter, who does not possess a valid permit issued pursuant to this Chapter, shall apply to the City for such a Permit not later than ninety (90) days from the effective date of this Chapter. (Ord. 84-29 § 1 (part), 1984). 17.41.130 Misdemeanor - Public Nuisance. (a) Any person violating the provisions of this Section shall be guilty of a misdemeanor. Any person con- victed of a violation of this Section shall be punishable by a fine of not more than 5500.00, or by imprisonment in the County jail for a period not to exceed six months, or by both such fine and imprisonment. A person violating the provisions of this Chapter shall be guilty of a separate offense for each day during which any violation is committed. (b) In addition to the penalties provided in subsection (a), any condi- tion caused or permitted to exist in violation of any of the provisions of this Section shall be.deemed a public nuisance. (Ord. 84-29 § 1 (part), 1984). 368-5 (Newport Beach 3.85) Mayor Ruthelyn Plummer Mayor Pro Tem Phil Sansone Council Members John C. Cox, Jr. Evelyn R. Hart Donald A. Strauss Clarence J. Turner Jean H. Watt CITY OF NEWPORT BEACH October 17, 1990 Mr. Douglas L. Salsbury President and General Partner Landing Associates 17042 Gillette Avenue Irvine, CA 92714 Re: Newport Landing Marina 503 East Edgewater; Application for Commercial Harbor Activities Permit Dear Mr. Salsbury: I have reviewed your letter of September 27, 1990 as well as the attachments. I do not have the legal authority to enter into an "agreement" regarding the maximum number of passengers permitted to board sportfishing vessels bayward of Newport Landing. However, I am empowered to issue a Commercial Harbor Activities Permit authorizing sportfishing operations at the location. I have enclosed an application form for your convenience and will take prompt action on your application once it is submitted. This will confirm a meeting on October 18, 1990 at 4:00 p.m.. to discuss the application and review any additional information to support your request. However, please understand that the information you are presenting should be relevant to the findings I am required to make pursuant to the Commercial Harbor Activities Permit Ordinance. I have attached a copy of that ordinance for your information. Very truly yours, David Harshbarger Marine Director DH:kmc kmc/salsb.ltr City Hall 0 3300 Newport Boulevard, Newport Beach, California 92663 SEW Pp�T CITY OF NE WPOR October 17, 1990 Mayor Ruthelyn Plummer Mayor Pro Tern Phil Sansone Council Members John C. Cox, Jr. Mr. Douglas L. Salsbury Evelyn R. Hart President and General Partner Donald A. Strauss Landing Associates Clarence J. Turner 17042 Gillette Avenue Jean H. Watt Irvine, CA 92714 Re: Newport Landing Marina 503 East Edgewater; Application for Commercial Harbor Activities Permit Dear Mr. Salsbury: I have reviewed your letter of. September 27, 1990 as well as the attachments. I do not have the legal authority to enter into an "agreement" regarding the maximum number of passengers permitted to board sportfishing vessels bayward of Newport Landing. However I am empowered to issue a Commercial Harbor Activities Permit authorizing sportfishing operations at the location. I have enclosed an application form for your convenience and will take prompt action on your application once it is submitted. This will confirm a meeting on October 18, 1990 at 4:00 p.m. to discuss the application and review any additional information to support your request. However, please understand that the information you are presenting should be relevant to the findings. I am required to make pursuant to the Commercial Harbor Activities Permit Ordinance. I have attached a copy of that ordinance for your information. Very truly yours, David Harshbarger Marine Director DH:kmc kmc/salsbA tr City Hall 3300 Newport Boulevard, Newport Beach, California 92663 TRANSMISSION REPORT :CNB PROF/TECH rOCT 17 '90 16:21 DATE START REMOTE TERMINAL MODE TIME RESULTS TOTAL DEPT. TIME IDENTIFICATION PAGES CODE OCT 17 16:13 OCRS G3DT 07'31" OK 09 2810 ALISEURY ENTERPRISES, September 27, 1990 NC. HAND DELIVERED J. Mr. David Harshbarger Mr. -Tony Melum r City of Newport Beach Marine. Department Post Office Box 1768 Newport Beach, California 92663 Re: Newport Landing Marina 503 East Edgewater Commercial Pier Permit #0112-0503-1 Dear David and Tony: y After our variousx..meetings and.d.iscussions concerning th°e water related uses within the Newport Landing Marina development, the City Attorney has made it clear that the Marine Department is the appropriate agency solely responsible for the approvals and administration of the water area uses and activities within our marina development. The Planning Department of the City is, on the other hand, responsible for the approvals. and administration of the land and building areas only. We believe that the best solution for the marina area would be to arrive at an agreement that would provide the property owner of Newport Landing development with flexibility to change various water uses in the marina in the years ahead and to provide the Marine Department with reasonable assurances that future changes in tenants and their commercial uses would not adversely impact the parking presently required (58 off-street parking spaces) pursuant to the existing permits issued and obtained by the property owner. As we discussed with Tony at our last meeting, the most practical way to provide both the future flexibility and the appropriate control would be for the property owner to provide the Marine Department with a letter of agreement under which the property owner would commit to restricting the present and future commerical uses in the Newport Landing Marina area to a maximum passenger count. This maximum passenger count could not be exceeded without the property owner first providing any additional parking required to support said additional passenger counts desired to be added to the Newport Landing Marina area. Although we believe that we could reasonably justify and support total passenger counts in excess of 400, in the spirit of compromise and finding an appropriate and reasonable agreement for limitation quickly, we would voluntarily agree to a- maximum passenger I7(11.7 s .,'';; a i. t, '. ..... _ j,io (',iI'f,t ,i';i i? 71.1 7 14 1 j _ jl (�j-1� Mr. David Harshbarger Mr. Tony Melum September 27, 1990 Page Two count of 350 supported by the presently required parking. We are making this reduced proposal in our effort to bring the prior requests and discussions into focus and hopefully, be abletoreach- agreement on future limitations with the Marine Department at this time. We are asking you to favorably consider our request. In considering this proposal we submit the following background, information and attachments in support of our request for your review and consideration: (1) The commercial marina was established and constructed many years ago prior to the City's current parking code Q requirements '°and._continues to be subject to Section 20_30.030 (B) (1) of the City's Municipal Code.. (-2) The property development and its uses were approved by the Newport Beach City Council in November of 1964 pursuant to the issuance of Use Permit No. 1086. The permit remains valid and is a legal/non-conforming use authorization. (See Attachment "A".) (3) The original Use Permit applicant, Art Gronsky, has verified by way of his letter of January 24, 1989, that during his operation of the Newport Landing Marina area (formerly Art's Landing) that he operated six (6) sportfishing passenger boats with combined passenger capacities of 250 passengers. Some of these boats operated more than one trip per day requiring that passengers for a departing trip would be on the property at the same time passengers would be returning. In addition, private charters were also loaded and thirty (30) fishing skiffs were available for rental. A total of 350 passengers were accommodated on a normal busy day. (See Attachment "B".) (4) The current sportfishing boats operating from the property include the Nautilus, the Amigo and the Reveille. The Freelance was originally committed to be part of this f leet but could not make the move at the last minute. As a result, the sportfishing tenant (Newport Landing Sportfishing, Inc.) decided to wait until they could build and purchase their own fourth boat_ for the fleet rather than bring in an inferior vessel. Mr. David Harshbarger Mr. Tony Melum September 27, 1990 Page Three The U.S. Coast Guard certified passenger counts of these vessels are as follows: Nautilus -------------- 116 Amigo ---------------- 48 Reveille -------------- 45 Freelance ------------ 149 Total ----------- 358 This tenant entered into negotiations to build a brand new 100 passenger half -day sportfishing vessel back in November of 1989 and has already, made a substantial investment in -this boat and its design. Newport Landing Sportfishing is presently the smallest sportfishing operator in the State of' California and the new modern boat and passenger cdp-.acity appears,to be required if they are to succeed as a viable business operation for the future. (5) The addition of the new boat has the support of Captain Harry Gage, Harbor Master for Newport Harbor. (See Attachment "C".) (6) The California Coastal Act of 1976 (as amended) and its Planning and Management Policies clearly support and protect water -oriented recreational activities for visitor oriented recreational activities. It also requires that a "priority" be placed on private land for such purposes over other types of development on or near the shoreline. The Act also encourages increased recreational boating uses and requires that facilities providing commercial fishing and recreational boating activities be "protected" and where feasible "upgraded". It further provides that "existing commercial fishing and recreational boating harbor space shall not be reduced unless the demand for those facilities no longer exist or adequate substitute space has been provided". (See Attachment I'D".) (7) The Land Use Plan and Local Coastal Program of the City of Newport Beach and the development policies contained therein closely mirror those of the Coastal Act. The Land Use Plan lists sportfishing establishments as a "highest priority use" and provides for the City to develop "parking incentives" to developments with such use. (See Attachment "Ell.) Mr. David Harshbarger Mr. Tony Melum September 27, 1990 Page Four (8) The land uses of Newport Landing, adjoining the marina are comprised solely of a restaurant, one small retail shop (300 sq. ft.) and a portion of the four level parking structure. The peak periods for the marina uses occur in the morning and early afternoon while the peak periods for the restaurant occur in the evening, thereby providing the best possible combination of mixed uses from a parking requirement and support standpoint. (9) The current parking requirements for all water and land uses within the Newport Landing Development is 58 off - street parking stalls. Newport Landing, because of.. its ownership of Lot-'9 located beneath' the Edgewater 'Place parking structure, holds a Lease Agreement, -approved by the City of Newport Beach on October 16, 1985 and recorded shortly thereafter, providing Newport Landing with the "sole and exclusive rights" to 117311 ,parking stalls within the parking structure "for the life of the project". (See Attachment 'IF".) Additionally, Newport Landing has provided four (4) additional parking spaces directly behind the Newport Landing Restaurant bringing the total number of exclusive parking stalls available to Newport Landing up to 77 or 19 in excess of what is currently required. (10) The Edgewater Place parking structure contains 215 standard parking stalls and 41 compact stalls for a total of 256 parking stalls within the structure. Since the structure was originally completed in December of 1987, it has never once been f illed to capacity, and it has only exceeded a 50% occupancy level on a few occasions (ie., Christmas Boat Parade, Mother's Day, etc.) since it was opened. (11) In addition to the on -site parking now provided in connection with the Newport Landing development, within a short distance of the marina there are three (3) municipal parking lots which accommodate in excess of 800 vehicles and on -street metered parking for 150 vehicles for a total of over 950 additional available public parking stalls. (12) The Planning Commission of the City of Newport Beach unanimously approved Use Permit No. 3076 at its meeting of June 7, 1984. Their findings are attached hereto as Attachment. 11G11. In connection with this Use Permit Mr. David Harshbarger Mr. Tony Melum September 27, 1990 Page Five application and approval, please also refer to the attached background and analysis information provided to the"Planning Commission by the Planning Department on May 10, 1984 (See Attachment IIHI'.) As soon as you have had the opportunity to review this letter and the various enclosures, I would appreciate the opportunity to sit down and discuss the situation with you personally and address any remaining concerns or questions which you may have. I could make myself available almost any time next week that would be convenient to your schedule. Thank you for working with us on this matter. Very truly, Douglas L. Salisbury President General Partner Landing Associates DLS: sd Enclosures cc: Ken Nelson Jim Watts David Salisbury Office of City Manager (714) 644-3002 September 14, 1990 Ms. Bonnie Jeannette 400 Santa Ana Ave. Newport Beach, CA 92663 Dear Ms. Jeannette: I received your letter of September 10, 1990 regarding the pesticides used by the Vector Control District. I am forwarding your letter to Dave Harshbarger who is the Marine Director and is staff to the City Council Harbor Quality Committee. This committee meets regularly and addresses specific issues like yours. If you have not heard from Mr. Harshbarger within a reasonable period of time please feel free to contact me directly. Thank you for your interest in the welfare of the Newport Harbor. Sincerely, Kenneth J. Delino Deputy City Manager IT U cc: Dave Harshbarger, Marine Dept. BRAD GATES SHERIFF -CORONER SHERIFF -CORONER DEPARTMENT COUNTY OF ORANGE CALIFORNIA-------_____ _ May 31, 1990 Mr. Jim Watts Newport Landing Sportfishing 309 Palm Balboa, California Dear Mr. Watts: - - In our telephone conversation today you inquired as to the impact on the Harbor Patrol of your adding another half day boat to your operation. We would not anticipate any impact from the addition of another charter boat to your fleet. It has been our experience that charter boats have little impact on our services and are in fact beneficial from the standpoint of putting another set of professional eyes on the water. We have always enjoyed and appreciated excellent cooperation from your crew, and would see no reason that the relationship would change with an increase in the number of vessels. Respectfully, - - BRAD GATES SH FF-CORONER Capt. rry G e Har r Ma HG/st 1901 BAYSIDE DRIVE CORONA DEL MAR, CALIFORNIA 92625 • (714) 723-1002 SHERIFF -CORONER DEPARTMENT COUNTY OF ORANGE CALIFORNIA BRAD GATES SHERIFF -CORONER Mr. Jim Watts Newport Landing Sportfishing 309 Palm Balboa, California Dear Mr. Watts: May 31, 1990 In our telephone conversation today you inquired as to the impact on the Harbor Patrol of your adding another half day boat to your operation. We would not anticipate any impact from the addition of another charter boat to your fleet. It has been our experience that charter boats have little impact on our services and are in fact beneficial from the standpoint of putting another set of professional eyes on the water. We have always enjoyed and appreciated excellent cooperation from your crew, and would see no reason that the relationship would change with an increase in the number of vessels. Respectfully, BRAD GATES,,SHFF-CORONER Capt. Harbc HG/st 1901 BAYSIDE DRIVE • CORONA DEL MAR, CALIFORNIA 92625 • (714) 723-1002 PO 1 ` � n z c'�c i Fo RN�P April 5, 1990 P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 Ken Nelson Property Manager Newport Landing Marina Newport Landing Restaurant 503 E. Edgewater Balboa, CA 92661 Re: Leasing of Commerical Marina Rights issued under a Harbor Permit Dear Ken: In reviewing the Newport Beach Municipal Code I find no prohibition against a Harbor Permittee leasing dock rights given to him under a Harbor Permit. The only thing I think I need to point out is that the lessee would be under the same duties and restrictions as the permittee. Other than that the Municipal Code does not prohibit leasing dock rights. It is my understanding that in a number of commercial locations the permittee has leased the dock rights to other individuals or entities. I hope this answers your questions. If you need additional information call me at 644-3044. Yours truly, Tony Melum Tidelands Administrator 3300 Newport Boulevard, Newport Beach � M. A. M APR 04 '90 11:10 OCRS p.2 -SALISBURY EN ERPRiSES, April 4, 1990 INC. VIA EAX #214-625- 0682 Mr. Ken Nelson Property'Manager Newport Landing Marina c/o Newport Landing Restaurant 503 East Edgewater Balboa, California 92661 Re: bock Repairs Dear Ken: I have attached copies of my November 5th letter to The Carlson Company concerning the dock repairs requested as well as a descri.ptioxi of work whlcli they ycvvidad LO 1A*. Since I am flying up to San Francisco on Friday to meet with the bank, I would appreciate it if you would review the attached (in respect to sportfishing's area and access to it) and provida me with a list of work not completed and/or additional maintenance and, repair items required at this time. Also, are the firehoses and housing in good shape? Is the electrical and water working in all areas? Additionally, BA Mortgage has stated that the "exc].usiy water areas leased to us in conjunction with the sportfishing premises cannot be exclusive to our use because "such a prohibition would violate Newport Beach pier regulation". Since this is one important bargaining chip we have for Fridays meeting, I would appreciate it if you could talk to Tony or Dave at the Marine Department and determine who's position is correct and obtain the backup for same tomorrow for me to take to the meeting on Friday horning. Lastly, please check the log book set up by Newport Landing's management to record any problems concerning the parking structure and provide me with any new comments or complaints (along with your observations as well.) for the past three weeks. 1.7042 Gillette Avenue , Irvine, California 92714 • (714) 250.0331 (714) 250-5729 -------------------------------------------------------------------------------- APR 04 '90 11:10.00RS P.3 Mr. Ken Nelson April 4, 1990 Page Two I appreciate your support with each of these areas. Please give me a call as soon as you are ready to discuss all three issues Thank you! 1v, APR 05 '�Jd 11: 50 OCR P.2 April 5, 1990 V 2 Mr. Ken Nelson c/o Newport Landing Restaurant 503 East Edgewater Balboa, California 92661 Dear Ken: SALISBURY ENTERPRISES, INC. Re: Exclusive Right to the Use and occupancy of Water Areas (Edgewater Place) I have attached hereto a copy of page 1 of our Leatse addendum at Edgewater place within we were granted the "exclusive right to the use and occupancy" of the water areas outlined in red (crosshatched area) on Exhibit "B" which I have also enclosed. ' BA mortgage foreclosed and took ownership of the Edgewater Place project last June. Pursuant to their letter (No. 3) to me of February 28, 1990 (copy enclosed) they have stated that our exclusivity "would violate Newport Beach pier regulations1t. Having reviewed the pier permit policies: I can find no such - prohibition.'' I would appreciate it if you would: have Tony Melum confirm that no such proported prohibition exists". Thank you, Douglas L. Salisbury President General Partner Landing Associates DLS:sd Attachment 17042 Gillette Avenue - Irvine, California 92714 - (714) 250-0331 (714) 250-5729 ------------------------- APR 05 '90 11:50 OCRS ----- - P.3 U SA Mortgage and International Realty Corporation A BankAmerica Company February 28, 3990 Pros l as L. Sal f. xtry SaliW=Y &&AXpr3ses, I=. 17042 Gillette A IrVir*, CA 92714 RE: Balboa r a�rr9 i rrr Dear DM : Z would like to clarify so= in your lQtUW of Fly 231 1990 to T.% F3 a*2in. 1. I have previcwly infcrn W LUKI -V Agociatss by j.et w that its X**Mst f= a zW* r+ -m was dwdAd. 2. A "vast VaJccrityl+ of the unto at Edgw4atgr yMae@ yh&n tart receivedrental re.w.""tJOW, Offsets, awc iWR4�i1i�{+ice,. 3. Mis lease to Iandirrg AeeocJ-a of the slip and side tie yes W MW intended to addition, su it br is paoaage to the � snip. in wqu4 yicaata NS= Ulm r�4g� c a ADDL-. UX TO. SHOPPING CENTER LEkai 1) In addition to the Premises, richt to the use and nnnunannv n It n" a extensio sreto. Tenant and/or its subtenant, quests, customers or nvitees sha 1 at all tunes have free and clear access to said area through the area outlined in yellow on said Exhibit "h". The floating dock facilities shall be used by Tenant for boat berthinge boat operations, and other such uses related thereto. Landlord shall be responsible for maintaining said floating dock facilities and water areas in a good and usable condition during the term hereof or any extension therto, including reasonable and appropriate insurance coverage. Any repairs or replacements required shall be,promptly completed by Landlord within a reasonable time. 31 The rent shall commence ten (10) business days lollowinq Landlord's delivery to Tenant of an original, final Certificate of Occupancy covering the Premises as issued by the City of Newport Beach. 3) The Consumer Price Index to be used by the Bureau of Labor Statistics of urban Wage Earners and Clerical Workers (Revised Series) Los Angels$ -Long Beach -,Anaheim average (1967=100) and said increase, if any, shall not exceed an increase of six percent (6%) in any calendar year during the*term. *first fifteen (15) years of the 4) Tenant shall have: one (1) initial option to extend the term of this Lease for a period of five (5) years upon, the same terms and conditions. Tenant shall have four (4) additional consecutive options to further extend the term of this Lease for periods of five (5) years each, however the Minimum Rental for each of said additional five (5) year terms shall be negotiated between the parties hereto to the them fair market rental value for the Premises. Tenant shall give Landlord notice of exercising any Option(s) no later than six (6) months prior to the expiration of the then current remaining term. 5) Tenant shall provide Landlord, prior to the date rental commences hereunder, a security deposit in the amount of three thousand dollars M,O00.60). At Tenant's election, said deposit may be provided in the form of a certificate of Deposit (with interest accruing to Tenant) or by way of an irrevocable letter of credit. Said deposit shall be returned by Landlord to Tenant one (1) year following the date of this Lease in the event Tenant is not in default on the payment of any rent due Landlord. 4 Page 1 of 3 APR 05 ' 90 11: 52 OCRS �` -�. )'% ` \P P.5 '- 17 ......... VICIMITY 5kETCH PwPW", f P4&wpaffr IbAv, CA410,0PANIA jet *'(P.-Carsoof .00 Arai 00060 avampoo 'VF%Vl2PT LOovdPP ZDW 6oisOdpip. Morim~4 0-140 edpo* oleap"p /,iWw ALL.. PIPS fl5uvdArIof4 wmwneNTS To e* + 40 OF �- I I ! � 6.7-14W4t� � � ii j 0;1 P004+11A L ..-Niawl low r-'r, A*-r a eo.- 7AACr —o,a TollAACIN DATE T I I IM To rROM, 714 250-5735 A--NILTHIBImo. Or I-j- - P-AGE'S �jL I --HIS " roll DT NIG THIS VIES 5 CIZ-1 E f/ 7 42 -0 Gilfefte Avenue - irvine, Calitorria 9271,4-5664 Phone (7141, 250-0331 - Fax (7141250-573F APR 05 ' 90 11 50 OC:RS P.2 -SALISBURY ENTERPRISES, April 5, 1-990 Nic. . Ken Nei -son Newport-, Landing Restaurant 3 Eases Edgewater albboa, CaUfornia 92661 Rea Exclusive Right— to the Use and 0-1-cupancy of eats. .gees gam` l i Deem I have attaChad hereto a Clopy of page I Of OUr LQ&8a Addenduat m y Place w "exclusive use and c y li the wr- areas outlined in red (Crosshatched araar on Exhbf-"B" 'which I have also enc'osed. BA Mortgage foreclosed and took ownex'ship of the E = t-r Place PaOlect l Jane. u=�4i.: to their letter 'No. to rrie of 'ab : mar , $° `Us 4 l "would %ri late . . � Beach i l t �� . Having reviewed the pier r `Lpolic' 'es I can find no auch Prod. X-D i t- would r i t lit if you would have Tony Mel --gym con & -that nO such proported prohibition Thank you, l.. President General Partner Landing Associates Attachment a tfl BA M.-aft-age and glintiennational ReallityCorporation ug r!AOWjSjjt 7 maCA 92 -714 D-ear Doug: ', Win. s _ _ -l'o ._ it ws dard_. g a='= ahat�fi. 3 S& tWoof theslip r tip W a-ddiIn = _ a I _a r zr lip s aga #ad# � giosAPI - zt i t P � i i 3 a 3 S a`,-,0- Avoi off& -h. f i € F FF } � 5 a APR 05 '90 11:51 OCRS P.4 ADDENDUM SHOPPING ENTER UMSE In addition to the Premises Tartant ahal have the excluo' �sht to 1h use " n -nat—ov n --k Gret and -or_ ' s Lease its u, guests? access to said area through the area outlined in yal-low on sale ExthibI I f l all be usod by Tenant :for � boat -rations, and other such uses slated thereto. Landlord shall, be ramponsibia for maintaining said 4floatinq mock facilities and water &-Ban in a good and usable condivion during the to a herea-f or aP4 extonalon th-eXtot � reasonable and appropriate insurancecoverage. 4-spairs or replacements u-rad shall y c-ompleted by Landlord ilt a r . she rent shall ton 1,10uminass days fallowing � rdle deliveryto Tenant at an original flnal Certificate of Occlapanwi ttha Premises as issuied y the City of Newport 3.1 The Cu - Erma 1"-dex t used by the Blareau Statist� U Wage Earners and Clerical k (Revised �1 Las ` n1- ng Zaach-_AnOaaim average ) and said increase, if Any: shall not ass of six percent in anv care radar year duringthowtorm at fi g 5E �� a � �he s- hiC"u'l. havi cone 1) initial option to extond the ternf this L for a pe-riod of five 5 years upon the game. ta=v and -II I . Tarrant shalom have four ( Deal conuecutive c n_ to further x� this Leap for e ive i- a ch w v Mine e�� l for each said d; I n 10-1 ( 1 y negotiat-Od between the Pardee n fair anin-rket rental value the Tenant . give Landlord notice of exercising amy p s. ( ) no later than six (6) roonthe price to table- f the han cur. -end. r*mA.,LWA'_rq to `�_ hl -� COMMOnces hereunder, a sacuariiCy--posit in the .. U t of three thousand dollars ( , 0 . 0). At - loloction, said deposit may be Drovided in the fozm of a Garb -f icate Of Deposit (wire credits SA shall r�� IQrA to 1snanton h date � this i h vent -apt € n p � � �Landlord. � P1 April 4, 1990 VIA FWL #214-fi25--Q!5I2 Mr. Ken nelson Property Manager Newport Landing Marina c/o Newport Landing Restaurant 503 East Edgewater Balboa, California 92661 Roo. Dock Repairs Dear Ken: s i have attached copies of my Novenh Company concerning the dock repai delsuri atioA of work which they pcvvI since l am flying up to san Francis bank, I would appreciate it if you respect to spertfishingls area and with a list of work not completed and repair items required at this time. housing in good, shape? is the elect areas' 7 eth letter to The Carlson requested as well as a ad Lo w on Priday to meet with the uid review the attached (in ,Ocess to it) and provid me r additional maintenance and; Also, are the firehoses and al and water working in all Additionally, BA Mortgage has stated that the fL v vo water le ased eased to us in conjunction with the sport 'fishing premises cannot be exclusive to our use because "such a prohibition would violate Newport Beach pier regulation". Since this is one important bargaining, chip we have for Frida f e meeting, I would appreciate it if you could talk to Tony or Dave at the Marine Department and determine whole position is correct and obtain the % 4-i s ane tin cry rr3da backup for same tomorrow J.cL RM ta ec �o g morning. Lastly, please check the log book si management to record any problems con and provide me with any now comments or observations as well) gor the past t .Y t up by Newport, Landingts ruing the parki2ig structure complaints ( along with your we weeks. 17042 Gillette A,ventie - Irvine a.lifornia 92714 . 714 250.0331 (714) 250-5729 ONIO Company hwy Trio Carlsontic oas S03 lif Orn3.a )!Mae Long Beach? Edgewater oolt F ilLiti es i Condition � a% t d .� mthe� eve no at Orn'W stor + tions get and have to/ we ting dOOK OwlrtershiP is andrr eImployeal usttmesf the to fAr� by Y ha rdO Las been � ii ties �. Ion ° ' condition a�� side�� s occupants o�,' entire ratn of y : ttac hmBnt The �tiX tjon . incorrect float dae i stri rvice nd West side lcricg balm The �a the . adist$ attention en 2) trig �'COPa i.�r' 'Wires are S � S��ia� 'Particularly � ba y 0" i tural �' Slip bra PTOP'Wertz l.v f ��. most att, to no In tetant o g boaalso to t St �� t(r Oontinw ts kyThetraff wa a from tine �� cam.to and of or rem 92714 17042 Gillette C i for ai Irvine , 7 a i James Watson "November 6, I9 e 5 Page Two 5) 7) The Section Of the balk walk receiving the baYward and Of the gmngvay is disengaging from the most easterly gide tie finger. The surface of the q 'ancjways are cracked and not level creating a real trap hazard. Many of the Piling cape are either broken or missing. completely. The general repair condition and appearance of the floating dock facilities .is not up to Pay". and continues to deteriorate. Pursuant to our Shopping Center Lease with BA Mortgage the Landlord is regponsible for maintaining the floating dock facilities &Ad aster areas in a good, and usable condition. "Any repairs or replacements required shall be RLQZR= completed by Landlord within a reasonable ti evm d In our opinion & reasonable time Passed months ago. The conditiong Present a real danger and hazard to the health and safety of any person using the floating dock facilities including our subtanantj their guests and +sMPlcyees and their zany custOMOrs. ' Imediate action is required on the Landlordos part. We consider any and all liability resulting from these unsafe and hazardous conditions to be the full f f responsibility nsi Hai � �.it ca BA Ili and ante y rnational Realtor Corporation n and/or their ir marlae�ant representatives. Please advise sae of your i tention&, the actions you intend to take and your schedule for accomplishing the correction cf all of these conditions (and all others which are required) ,prior to November 10, 1989. These issues are of great concern to a and our subtenant as they he should to both you and BA Mortgage. Very truly, Douglas L. Salisbury President General Partner -Landing Associate D%S ed cc: Jim and Pam watts David Sales, via Certified Mail David Salisbury DESCR:PTION QF 1 ARI;dA, REPAIR Wo,gK AT 30 �ALM� NE'�JPO$T BEACH , CA. 1r x . RIGHT?INGE, (CLOSEST! �'p FWRY LANDING) 1 • REPEF�CE fiCJ L,'F qF MIS,SI DOCK BUMPER° RE?LAtE PL'N'C'0Z PIL:1 d PANEL ��"� ` t AND INSTALL FOtjj.,.. iEW PILE . SURGE RCLLER'. III�TTS r 3. SIN FTNC;Z � ADD TWQ-1'51t DIA, WHITE FIBERGLASS gII+£ CAP CONES � RET IGHTEN EXISTING 'IT -STRAP" AT FI�iGER/�E�iDWAL � CONNECTION I T . MIDDD £ .R IGET FINGER: 1. q �' q 7 BUMPER 4�.g �'AI.� EXIST yggp yps/y +� �I.N@@@ . Z. diOeh REPLACE ado mx $dLi�k G 3 6 RE: LACE PLYWOOD PILING PANEL ANZ INSTALL FOUR NEW PILE Swr.GE R I"ER UX T 4, lZPAIR. SROXwNN CONCRETE DECK ARIA (NEAR P GA Ap� INSTALL hT Elf PAZNARGNn ECLT A:�¢C CRS i dppp .µW rypipy 1O ropy yuyq ,��., A �iM d.i ,Ak &Y MIdi,4A,1.N3�1pg p,pp�yy�� g�Ay� 9 I � is bl1 kaYe� ¢y� �P�y �e 6 b^%� u CM$do �t..id 2d�1m �e��y} ��qq pq�pg jE SP w' �.' Z 4. RSETE ll d, �nt n rd"Smf NEW "TaSd1" " A�d,r'9. FtNGhR agDy.q X dpE 07"w�0 N To rya qp AT+FDECK 3L fititLX+a� mmdMQV d�MZgq§ M IIT: I L LE."T ?I X G"ER,�.D � B Z W R BOARDS a CEt S�DIA, FIBERS FILE CAP CGN�; 4 a S 7AIGHTEY SLIGHT LIST :N FINGER .fd V . E aw rll'oX7"IR a AID LOF I S S Z X 0 DGCX Srj XPr Z. ADS T110-13" DTAs r=%z C C ON,£S „ ® SBIN Ste,;Z 4REl LIS`I IN FZING 37 4, AZZ NZi��Y' T w7RA? " AT C�VNpnRHW_AZ)W qae,X C ,Y'EC11 ,Km h1 1 o E' IINATB DECK MOVEMEN � d r 1, -, — - F;I' W-* Mfflt Mr. James , Watson Project manager ;, , , The Carlson Company 632 -D Pacific Cbast H'a.gwa Long Beach a California 90803 Re la Edgewater Place Floating Dock Facilities Dear Mr, Watson: we havO expressed our concern in the past 'to the condition of the floating dock facil tiSS At E swater Place, however no action has been takan by owharship and the conditions have worsened and now present a very. hazardous and dangerous cdtdition to the occupants of these facilities and their cuatamers, employees &n guests. Some of the conditions are as follows t 1) The entire length of the w6st side tie finger i torsionally unstable resulting in a dangerous deck angla due to incorrect floatation and. attaclh�ent to the . supports ) The,electrical service from the mama distribution box on the dock to the bald, walk and east Bich tz "i - receptacles needs i=edlata attention, Bare and exposed wires are still Prezent and the danger is obvious Particularly when surrounded by eater. 3) Proper structural attachment of the b ywrd end of second 470 t WOStOrly finger ( Slip "b") Faust be accomnlished. It the temporary attachment soap?d break again it could result in severe damage to not only the dock areas but also to our tenantts bota. 4) The continued storage of a wooden banch and Pump asseMbl on the head walk are* inhibits the artooth and safe flow of traffic to and from the boata and p or relocated, 17042 Oillette Avenue iry ne, Calilfbr is 92714, (7141250.0531 (714) 250.57.9 January 26, 1990 Mr. Tony Melum Tidelands Administrator City of Newport Beach P.O. Box 1768 Newport Beach, California 92659 Re: Newport Landing Marina: Sportfishing Business Use Permit #1086 Dear Tony: SALISBURY ENTERPRISES, INC. We received your letter of January 21st yesterday and very much appreciated the update. Since this issue is of the utmost importance and concern to us and to our tenant, we would be very appreciative if there is anything you, Dave, or we can do to help expedite the interpretations from the City Attorney's office and/or the City's Planning Department. As we pointed out in our letter to Dave of two weeks ago, time is of the essence due to the required and contemplated delivery schedule for Newport Landing Sportfishing, Ines., new sportfishing vessel. As I am certain you and the City Staff can appreciate, the investment in this new vessel is both substantial and necessary to the operations at Newport Landing Marina. We have appreciated the communications with you and your department and hope that the City will shortly be in a position to reconfirm the rights and uses permitted pursuant to our Use Permit #1086. Very truly, Dou las L. Salisbu y 1 President General Partner Landing Associates DLS:sd cc: Jim Watts 17042 Gillette Avenue • Irvine, California 92714 • (714) 250-0331 (714) 250-5729 �C SEW PO�A ° CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 c `P January 21, 1990 Salisbury Enterprises, Inc. Douglas Salisbury, President 17042 Gillette Avenue Irvine, Ca 92714 Re: Newport Landing Sportfishing Business Use Permit 1086 Dear Mr. Salisbury: I am in receipt of your letter of January 12, 1990 regarding the above subject . I have sent a copy of your letter, including historical data, to the City Attorney's office and to the Planning Department for their comment. As we discussed at our meeting at the Marine Department, it appears to us that there would be a need for additional parking for increased passsenger service at the site. However, we must defer to the City Attorneys office and the Planning Department and their interpretations of the existing Use Permit. We will provide this information to you as soon as it becomes available to us. Sincerely, Tony M lum Tidelands Administrator 3300 Newport Boulevard, Newport Beach p, NcAN1lO��y�0-�1� January 12, 1990. Mr. David Harshbarger Director City of Newport Beach Marine Department P.O. Box 1768 Newport Beach, California 92663 Re: Newport Landing Marina Sportfishing Business Use Permit #1086 Dear Dave: SALISBURY ENTERPRISES, INC. Ken and I really appreciated having had the opportunity to meet with both you and Tony Melum on Wednesday. We have always attempted to be very up front and communicative with your department as has our tenant, Newport Landing Sportfishing, Inc. During the meeting, we had the opportunity to share our thoughts and concerns regarding any possible new limitations to our sportfishing tenants' business and share with you the situation of our expansion of the water and land related areas which were acquired under a long term lease from the adjacent commercial development known as Edgewater Place. The additional water area which we control under a long term lease is cross -hatched in red on the enclosure while the original water area of Newport Landing Marina is outlined in yellow thereon. The additional water area contains commercial piers pursuant to Commercial Pier Permit #0112- 0511-1 while the Commercial Pier Permit issued for the Newport Landing Marina is #0112-0503-1. The Use Permit for Newport Landing Marina was approved by both the City Council and the Planning Department in November of 1964. In respect to the sportfishing activities, the Use Permit allows for the conducting of the sportfishing business previously operated by Arthur Gronsky, which included six (6) sportfishing passenger boats with a capacity of 250 people. Following Mr. Growsky's sale of Art's Landing, the sportfishing activities have been carried on by Newport Landing Sportfishing, utilizing several different sportfishing vessels including the "Southern California", "Helena", "Long Fin", "Explorer", "Reveille", "Amigo", and the "Nautilus" to mention a few. The latter three vessels are presently operating out of Newport Landing along with several private sportfishing boats which berth elsewhere. Additionally, as you are aware, Newport Landing Sportfishing has completed design and plans to purchase a new 100 passenger capacity sportfishing vessel scheduled to arrive for the upcoming peak sportfishing period. 17042 Gillette Avenue • Irvine, California 92714 • (714) 250-0331 (714) 250-5729 Mr. David Harshbarger January 12, 1990 Page Two Following our discussions with you and further discussions with our sportfishing tenant we felt it appropriate to have the matter reviewed by legal counsel for purpose of obtaining a legal opinion on the matter since a denial by the Marine Department or the City would impose a tremendous burden and unbearable financial hardship on both us and our sportfishing tenant. We have now been advised by legal counsel that Use Permit #1086 remains valid and operative in respect to Newport Landing Marina along with all of the rights granted thereunder. I believe that the Planning Department will verify this to your reasonable satisfaction. Even though the uses granted may be nonconforming in some respect, they are both permitted and legal under the Use Permit issued. If necessary, I also believe that the City Attorney's office would confirm this position from a legal standpoint. The existing and contemplated sportfishing use at Newport Landing Marina does not appear to require any further approvals from City Staff or the City's Council. Dave, due to the required and contemplated delivery of the new sportfishing vessel, time is of the absolute essence. We would all be most appreciative if you would discuss our position with the Planning Department and City Attorney, should you feel that is necessary, and provide us with your response early next week. We are hopeful that both you and the City will confirm our position in this matter without the necessity of any further or unnecessary approvals which require time that does not appear to be available at this late date. Again, we have appreciated the opportunity to discuss the situation with you and Tony and hope that you appreciate our continued efforts to be both communicative and responsive along with those of our tenant, Newport Landing Sportfishing. Very truly, Douglas L. Salisbury President General Partner -Landing Associates DLS:sd Enclosure cc: Tony Melum Jim Watts January 9, 1990 Newport Landing SportFishing, Inc. 503 East Edgewater Balboa, CA 92661 Re: Newport Landing Sportfishing, Inc. Dear Messrs. Thompson and Watts: This letter is in response to yours of December 11, 1989 wherein you proposed to increase the size of the passsenger service at the above location by 100 passengers. As I am sure you are aware, the uses bayward of the bulkhead at the above site have existed historically under a Use Permit dated November 2, 1964. My research at the Planning Department and in the Marine Department files does not indicate the pasenger numbers allowed at the site. The permit indicates only that it was going to be sport fishing boats, charter boats and fishing skiffs. When Mark Howard purchased the property from Art Gronsky in 1983 it was my understanding with Mark that they were going to operate approximately three sport fishing boats from the location with approximately 150 passengers. It was my further understanding that when the current operators took over the property they were, again, going to operate with an approximate 150 passenger capacity and that the three vessels that were going to operate from the site had changed from the three vessels that were there with Mark Howard. While Art's letter dated January 1989 seems to suggest that he operated with a 250 passenger capacity, it appears, that at least \j in the last 6 to 7 years, 150 passengers have been typical of the site. Again referring to the Use Permit, it appears that Art was also parking vehicles for charter users on site. It is my understanding now through the Planning Department that there is no parking available and certainly no additional parking available at the site and that the additional 100 passengers would either be parking on City streets or in the public lot, since all spaces on site or in the parking garage have been committed to other use. Therefore, it is our opinion, based on the most recent (6 to 7 years) period, that the capacity of the fishing operations at the site is 150 passengers. We are not concerned about the number of boats that make up the passenger capacity, but 150 would be the maximum passengers allowed on site. We do not feel we can increas allowable passenger capacity by 100 without some additional parking arrangements being made by the applicant or by the upland property owners. If you have questions in this regard pleae call me at 644-3044. Sincerely ARTICLE 3 RECREATION Section 30220.'>r 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. T �-"�►at'e_ �'�°a�rds- ....�ui;tab l � :'f bir � i s i4tor�se ng c ci� l -- recweati''onal-{fat,tTititt-"'designed to eehance public -opportunities fol-11 al ret"reatfon - "sha-i T have priority, -=over private: residentt� rraidOsta 1- or a ra fc re al:- level: i�ut- a ": i�r't uiture oar toastaJ dependent 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.* Up'fant( areas net es3ary ,to -support coastal retreat onat-=uses shaTfi .fie reserved for such uses, ,.feas'ib e. Section 30224. X Inc°reased�-�recireati�onal-tioat�ing.:ese-of"=oastet��watersha-�l-be�encauraged, in .atco.,rdance,.,rit1�.-;,this:-.dii <deveiopingdt^ storage°ar$ag, increasing' public .launching facilities; pr®v ding additional -berthing- space in existing harbors, limiting non -hater -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 considered before issuing a coastal development permit for such purposes are the method of placement, time of year of placement, and sensitivity of the placement area. (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._. * i ndutri es st�a'i T be protettedAand where f ens ibis; upgraded . Est i ng c ial-fihng;.,and -recreational boating harbor space shall_ not.,be reduced unle5 the demand for those-faciIities-no longer exists or adequate` -substitute spade° as7Ibeeh-`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. a 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-dependefit 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 contri-buting 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 Bo-1sa Chica 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. MNM 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 Hoard as to each particular development. (4) Minimize energy consumption and vehicle miles traveled.,,, (5) Where. appropriate, protect spegial 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 l in rural areas of the coastal zone remain a scenic tiro -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 - accommmodated 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.'k Coat'tjil ependent dev67optie'ntt` 'sh"all 'have priority over. other -,developments owoir' 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- Sent By: PELICAN*DEVELOPMENT; 949 251 0524. Mar-31-10 10:27AM; Page 1/1 SALISBURYENTERPRISES, INC. 17042 Gillette Avenue Irvine, CA 926I4-5601 (949) 251-4880 FAX (949) 251-0524 March 31, 2010 VIA FAX (949) 723-0589 ORIGINAL BY MAIL Mr. David Kiff City Manager City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 Re: Newport landing Marina Additional Bait Receiver/Live Bait Sales Dear Dave, Well,1 have returned home today from my three week trip out of the country - Since April I" is tomorrow, I'm hoping that you can give us a green light to complete the manufacturing of our new live bait receiver in either the originally approved 18 foot width or in the reduced width (16 foot) later requested. For your convenience, I have attached another copy of my letter to you of March 8"'. If there is any additional information or background that I can provide to you at this point, it would be my pleasure. T hope to hear back from you shortly. Very truly, Douglas L. Salisbury President General Partner/Landing Associates DLS:jh cc: Michael F. Henn. (via email) Bill Falkenstein (via email) David Salisbury (via email) 8efit Esy: PELICAN*DEVELOPMENT; 949 251 0524; Mar-8-10 1 :56PM; Page 1 /2 SALISBURF ENTERPRISES, INC. 17042 Gillette Avenue Irvine, CA 92614-5601 (949) 251-4880 FAX (949) 251-0524 March 8,2010 VIA FAX (949} 723-0589 ORIGINAL BY MAIL Mr. David Kiff City Manager City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 Re: Newport Landing Marina Additional Bait Receiver/Live Bait Sales Dear Dave, After six -plus months of attempting to have the Harbor Resources Division approve of our request to add an additional bait receiver in the Newport Landing Marina to allow for live bait sales, you stepped in and became our "hero" by avoiding Coastal and issuing a "temporary permit" to operate on the same basis and schedules as the receiver in the harbor entrance. The receiver was to be tied to the dock like a boat (cleat tie/not permanent fix). That all happened on October 21 'd3 and I finally felt supported by my City representatives (you and Mike Henn). It was n-iy understanding that the City was only goring to notify Coastal of what they were doing but not ask for their permission and consent so we could quickly proceed and manufacture the new bait receiver and begin selling live bait to the public. After waiting several more months, Chris Miller finally sent a letter to Coastal on January 15`h outlining the conditions and asking for Coastal's "concurrence" within 30 days. I requested that the sentence requesting concurrence be deleted from Chris's letter before it was put into final form, however this request was ignored. On February 23rd, Shannon Levin notified us via email, "Yes, go ahead with the manufacturing. I haven't had a. negative response from Karl." So finally, we have our approval, and notified the manufactures` to proceed and prepared our payment check to hint. A few days later the manufacturer suggested we cut the width of the receiver back, by two feet (18 feet down to 16 feet) in order to allow it to be trucked from Washington more efficiently. I promptly faxed a letter to Chris requesting the reduction to the width on March 1 ', thinking he'd be happy with the size reduction. Having not heard hack, I faxed my letter to him again requesting approval to the down -size since I was leaving the country for a month. We need to have this receiver manufactured and in our marina by April I". ;L�eht by: PELICAN*DEVELOPMENT; 949 251 0524; Mar-8-10 1:57PM; Page 2/2 Mr. David Kill' March 8, 2010 Page Two On Thursday afternoon, I received an email from Shannon attaching a very negative email response from Coastal that was sent on March 2"" indicating that they "cannot concur and that the prgiect requires a coastal permit" (full blown application)- Shanno►:a's email to me said "the City recommends that 1 follow the course of action prescribed by the CCC", although they did not rescind their prior approval to us. While I think we are certainly in a position to go ahead and complete the manufacturing of our bait receiver in the 18-foot width previously approved by Harbor Resources, 1 felt it appropriate and a common courtesy to you and Mike Henn to share what has happened. Dave, we .have now spent a. year trying to work through Harbor Resources on this matter, even though we already have a Use Permit from the City that allows us to sell live bait in our marina, and we .have added and reconstructed bait receivers in the past with the written approval of the Tidelands Administrator and the Marine Director. Our original plans (18-foot width) have been submitted to Harbor Resources and have been approved. Due to the continuing state of the economy, sales at our fuel dock are running at only a fraction of where they were two years ago, and our tenant has only been hanging on by a thread, wailing to drop the live bait receiver in and start selling live bait on April I". The live bait sales will not only generate needed additional sales for the tenant but also serve to attract additional boaters to the fuel dock for enhanced revenues through the sale of fuels and other services available. I departed ycst(.-.rda_y for a three-week mission trip to Vietnam and Thailand. and left this letter to be faxed to you today with a copy going to Mike Henn as well. 1 will be in touch with my office while I am out of the country, however there is a 14-hour time difference. My facsimile is (949) 251-0524 and my email address is dougra)12elicanl.net. I would very rauch appreciate hearing back from you on this matter at an early date so we can hopefully finish the manufacturing in either the IS' width originally requested or in the smaller width that would be more efficient. I know how busy you are, and I'm really sorry to have to come to you (again) with this matter, however we have clearly hit another major roadblock with Chris and Shannon in Harbor Resources. Thank you again for your time, concern and responsiveness. Very truly, L � 0 Douglas . Salisbury President General. Partner/Landing Associates DLS`jb cc: Michael F. Henn (entail) Bill Falkenstein (via entail) David Salisbury (via email) Levin, Shannon From: Karl Schwing [kschwing@coastal.ca.gov] Sent: Tuesday, March 02, 2010 2:18 PM To: Levin, Shannon Subject: RE: Letter dated 1/15/10 re Bait Barge Hi Shannon, I've been on the look out for the letter you mentioned in your email below, but it didn't make it to my office until this week. After reading the letter, I'm sorry that I cannot concur with the City's conclusion in the letter. I've previously discussed this matter at length with my supervisors, all of whom have concluded that the proposal requires a coastal permit. Our determination really had little to do with the duration of time that the bait barge was to be in place. Even structures that are temporarily placed need a coastal permit. There is no exemption for placement of structures like this in coastal waters. Since the applicant has to date not applied for a permit, I cannot give any sense of whether we see any significant issues with the bait barge. The main concern I can identify at this point is the conversion of an existing boat slip/tie up to the bait barge use. As you know, the Commission is concerned when there is a loss of boat slips. However, the circumstances at this site may not warrant such concern. I won't know until we have a complete permit application to review. At this point, I think its very counterproductive for this applicant to continue to fight against the permit requirement. Had the applicant applied when I told him to, this whole process could have been complete by now. Tell them to apply for coastal permit and let us move forward. Karl Schwing California Coastal Commission South Coast Area Office/Long Beach From: Levin, Shannon[mailto:SLLevin@newportbeachca.gov] Sent: Tuesday, January 26, 2010 11:29 AM To: Karl Schwing Subject: Letter dated 1/15/10 Hi, Karl Chris sent a letter to you regarding the Newport Landing Marina on January 15th. Have you received the letter? Thank you for the follow up. Shannon Levin Harbor Resources Supervisor City of Newport Beach 949-644-3041 www.newportbeachca.gov ov www.newportbeachca_gov HarborGuide SALISBURY ENTERPRISES, INC. 17042 Gillette Avenue Irvine, CA 92614-5601 (949) 251-4880 FAX (949) 251-0524 March 1, 2010 VIA FAX (949) 723-0589 ORIGINAL BY MAIL Chris Miller City of Newport Beach Supervisor Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 Re: Newport Landing Marina New Bait Receiver Dear Chris, We were very happy to hear from Shannon last week that we could go ahead with the manufacturing last week. In working with the Manufacturer that we selected (Ferguson Industrial Plastics) we have determined that it would be best to reduce the width of the receiver from 18' down to 16'. This will do two things. First, it will bring it more in line with the balance of the existing floating dock to the South, and secondly it will allow it to be trucked more easily from the manufacturer in Washington. I've attached the revised drawing reflecting the two foot reduction in the width from the drawing previously submitted. While I assume that the down sizing would be viewed favorably by you, I would appreciate your consent to the two foot reduction in width prior to us sending the purchase order out - - which we'd like to do this week. Thank you! Very truly, Douglas L. Salisbury President DLS:rf Attachment cc: Bill Falkenstein David Salisb�r3y M1. ,h,T Pill Er. Qd IT ..... ...... ........... . ... . ... .. ... ...... ...... ... 00 O .... . .......... VON-" zda ow ay WY a— Lj tj LL CL CL 0 M (L an x � Z3 I Sent By:.PELICAN*DEVELOPMENT; 949 251 0524; Mar-4-10 1:09PM; Page 1/1 S.ALI,SB VTR Y ENT,ERPPJS.ES, INC. 17042 Gillette Avenue Irvine, CA 92614-5601 (949) 251-4880 FAX (949) 251-0524 March 1, 2010 VIA FAX (949) 723-0589 ORIGINAL BY MAIL Chris Miller City of Newport Beach Supervisor Harbor- Resources Division 829 Harbor island Drive Newport Beach, CA 92660 Re_ Newport Landing Marina New Rait Receiver Dear Chris, We were very happy to hear from Shannon last week that we could go ahead with the manufacturing last week. In working with the Manufacturer that we selected (Ferguson hiaustrial Plastics) we have determined that it would be best to reduce the width of the receiver from 18' down. to 16'. This will do two things_ First, it will bring it more in line with the balance of the existing floating dock to the South, and secondly it will allow it to be trucked more easily frorn the manufacturer in Washington. I've attached the revised drawing reflecting the two foot reduction in the width from the drawing previously submitted. While I assume that the down sizing would be viewed favorably by you, 1 would appreciate your consent to the two foot reduction in width prior to us sending the purchase order out - - which we'd like to do this week. Thank you! /^ Very truly, C�rvv.rs- , Douglas L. Salisbury N:� ,,.� = .��r � Wr`-` �• President QT ao.�.w w►a,..�.-,.�..`�'��' �- DLS:rf c� -a ems- a� �►>'z `*tia-„""�" Attachment-�,,•,ra•�,c�•�,� cc* Bill Falkenstein David Salisbury SALISBURYENTERPRISES, INC. 17042 Gillette Avenue Irvine, CA 92614-5601 (949) 251-4880 FAX (949) 251-0524 January 7, 2010 Chris Miller City of Newport Beach Supervisor Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 Re: Newport Landing Marina New Floating Bait Receiver Dear Chris, It has now been over three (3) months since Dave Kiff told me that the City was approving our application to install our new floating bait receivers in the Newport Landing Marina, via a maintenance permit, on a schedule to match the bait receiver at the Harbor's entrance (April I' through November 30'' of each year). We now need to order the new custom made bait receiver (per the specifications previously provided) in order to have it in place by the end of March. May we proceed with the fabrication at this time? Regards, Douglas L. Salisbury President Salisbury Enterprises, Inc. Its: General Partner Lansing Associates DLS:rf cc: Bill Falkenstein David Salisbury SALISBURYENTERPRISES, INC. 17042 Gillette Avenue Irvine, CA 92614-5601 (949) 251-4880 FAX (949) 251-0524 November 16, 2009 Mr. Chris Miller Manager Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 Re: Newport Landing Marina Floating Bait Receiver Dear Chris, I want to again express my appreciation to you and Dave Kiff for your support in approving our floating bait receiver for the Newport Landing Marina on a temporary (March 15 thru November 3e of each year) annual basis. Once the City has approval for its Coastal Precise Plan we may want to elect to go back to you and the City for approval on a year round basis, thereby being in a position to supply live bait to the boaters of Newport Harbor during the 4 1/2 month period when the receiver at the entrance to the channel is gone. I'd appreciate receiving a copy of your letter (or the draft of it) to Karl Schwing for my file. We are anxious to begin the fabrication of our new bait receiver. Very truly, Douglas L. Salisbury President General Partner/Landing Associates DLS:rf cc: David Salisbury Bill Falkenstein SALISB UR Y ENTERPRISES, INC. 17042 Gillette Avenue Irvine, CA 92614-5601 (949) 251-4880 FAX (949) 251-0524 November 16, 2009 1. Zot>- . �..., X C.'s'-6 - Mr. Chris Miller Manager Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 Re: Newport Landing Marina _ _ _ __. I I Floating Bait Receiver Dear Chris, I want to again express my appreciation to you and Dave Kiff for your support in approving our floating bait receiver for the Newport Landing Marina on a temporary (March 15 thru November 30th of each year) annual basis. Once the City has approval for its Coastal Precise Plan we may want to elect to go back to you and the City for approval on a year round basis, thereby being in a position to supply live bait to the boaters of Newport Harbor during the 4 1/2 month period when the receiver at the entrance to the channel is gone. I'd appreciate receiving a copy of your letter (or the draft of it) to Karl Schwing for my file. We are anxious to begin the fabrication of our new bait receiver. Very truly, Douglas L. Salisbury President General Partner/Landing Associates DLS:rf cc: David Salisbury Bill Falkenstein ,ec:aee ,ved SALISBURY ENTERPRISES, INC. 17042 Gillette Avenue Irvine, CA 92614-5601 (949) 251-4880 FAX (949) 251-0524 September 1, 2009 Mr. Chris Miller Manager Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 Re: Newport Landing Marina Floating Live Bait Receiver Dear Mr. Miller, As I am certain that you could tell, I remained frustrated and felt totally unresponded to as a result of our telephone conversation of last Tuesday, August 25t'. Since you did not appear to have all of the background concerning our request and application to expand the live bait receiver at Newport Landing, I'd like to reconstruct it for you below: • We have a Use Permit (No. 1086) that dates back to November 2, 1964, approved by the City's Planning Commission on November 19, 1964, that allows "live bait sales" from our marina. • In May of 1984, the live bait receivers were updated and expanded. The use and the design (per Section 17.36.020 of the Harbor Regulations) were both approved by the Tidelands Administrator. • In March of 1988, the Marine Director for the City reconfirmed our live bait receiver use. • On April 28 and 29, 2009, we submitted detailed drawings and specifications for a new live bait receiver to you, all in accordance with the provisions and requirements of Section 17.30.030 of the Harbor Use Regulations. • After numerous telephone calls to you, we were advised that we would have to submit the live bait receiver plans to the Building Department for review and approval. • We then promptly met with Faisal Jurdi and two of the City's Engineers on June 30t'. We reviewed the drawings with them, provided float calculations and pointed out that pursuant to Section 17.30.030 of the Harbor Use Regulations "that a live bait receiver shall not be deemed to be a `structure' within the meaning of Chapter 17.50" (Harbor Development Permits). Faisal agreed that no building permit was required for a floating live bait receiver. • On that same day, we completed a permit application and paid the $180.00 permit application fee requested and the drawings and permit application were forwarded back to Harbor Resources Division for processing. • After several more calls to you, you advised me on a telephone message left on July 91' that the processing of our live bait receiver had been turned over to Shannon Levin in your division. I immediately put in a call to Ms. Levin. Mr. Chris Miller September 1, 2009 Page Two • After a couple of more calls to Ms. Levin, she returned my call on July 13th and advised me that she believed that we may need to process permits with the Coastal Commission, the U.S. Army Corp. of Engineers and the South Coast Water Quality Board, but that she would check further and advise. After a 2 %2 month application process, I expressed my disappointment, went through the history (Use Permit in place, previous approvals, the further costs and delays that would put us beyond the high season for live bait sales, etc., etc.). Shannon agreed to at least check with the Coastal Commission and advise us of her findings. • On July 15ffi, Shannon called me and told me that we would need to process a full blown CDP (v. Administrative RGP) permit application with the California Coastal Commission ($2,500 application fee), as well as apply for permits with both the U.S. Army Corp of Engineers and the South Coast Water Quality Control Board. • I then asked Shannon to provide me with a copy of the Coastal Commission's correspondence, but she only provided "excerpts" from the response. It referred to "a change in use" and "intensity of use". It also said that "If this proposal would require expansion of the dock and piles, we need the applicant to demonstrate why they can't install the tank somewhere on the existing dock or on land. Since a live bait receiver must float in sea water and it is simply tied up to the dock like a boat, it was obvious to me that the person at the Coastal Commission who responded did not have any understanding at all as to what a live bait receiver is. This is why I then requested copies of all of the communications back and forth with Coastal. • On July 16t', I requested that Shannon provide me with the name, title, telephone number and email address of the individual who she spoke with at Coastal and requested a complete copy of her communications to and the individual's response, rather than just having a couple of selected "excerpts" from the response. As a result of the above, I sent Shannon a very lengthy email on July 20t'. I have enclosed a copy herewith so you can read it yourself. After waiting another 11 days, I sent Shannon the enclosed email on July 30I` and got only the enclosed brief reply and no response whatsoever to my requests and/or comments, so I tried again (see my email of August P) only to get the following response from Shannon, "I have given you the tools to proceed. Unfortunately you do not agree with the procedure outlined by the Coastal Commission". I tried again with my emails to Shannon on August 10�' and 17'h (copies enclosed). To this date no response has been received to my July 20t` email and the several follow-up requests sent to her. Chris, perhaps with the above background and the enclosed email copies, you can see why I have been (and remain) very frustrated and feel unresponded to by your department. I think if you put yourself in my shoes, you would feel exactly the same. Since Shannon would not provide us with copies of her correspondence to and from the Coastal Commission. Since Mr. Schwing at Coastal obviously did not even understand what a floating live bait receiver was and did not receive an accurate description of our request, I contacted Mr. Schwing directly. He is now reviewing our request again. It is interesting to note that the drawing that Mr. Schwing received from Shannon "makes it look like a hole is being cut into a dock and a basket hung from its rim within the hole" to quote Mr. Schwing. Shannon also referred to our live bait receiver as a "bait tank" in her communications with coastal and referred to it as "increasing square footage and coverage". Having now reviewed the communications from Shannon to Mr. Schwing it is understandable why Mr. Schwing's excerpt said "If this proposal would require expansion of the dock and additional piles, we'll need the applicant to demonstrate why they can't install the tank somewhere on the existing dock or on land". Mr. Chris Miller September 1, 2009 Page Three Shannon also refused to respond to our many requests to come in and review the file for the other live bait receiver, located inside the channel entrance in Newport Harbor. We wanted to review this file in order to try and determine why they have been, and continue to be, "exempt" from a Coastal permit and the other permits required for us, while we are told we are not exempt. It then became necessary for me to file a request with the City Attorney, under the California Records Act, to wait several more weeks and to pay $55.25 in fees in order to obtain copies of the file. In reviewing this file it appears clear that this other live bait receiver operates with only a Commercial Harbor Activities Permit issued by the City's Harbor Resources Division. The last extension of this permit was granted by your department on August 11, 2004 running for a period ending January 19, 2010. No communication or correspondence to and from the Coastal Commission appeared in the file and no request for a CDP Coastal Permit, or permits or approvals from the US Army Corp. of Engineers or the South Coast Water Quality Control Board were made by your department. So, my question remains, why are they treated as exempt while you are requiring a CDP permit and the other permits from us? Our live bait receivers have existed since 1964 where as the one located in the channel entrance has only existed since 1987. We hold a Use Permit (No. 1086) that allows "live bait sales" from our docks. The other receiver holds no such Use Permit. When we spoke Iast week, you indicated that our request to tie the new floating live bait receiver to the inside of our marina was viewed as a similar situation to Orange Coast College's request to add floats to be tied within their marina area for their sailboats and for which you required a Coastal Permit. I went down to their marina on Coast Highway to look at what you were referring to. I was very surprised to see a couple of thousand square feet of solid floating material (strong enough to support dozens and dozens of sail boats) permanently affixed to the existing dock. This use and application has no similarities whatsoever to our request which is to tie (like a boat) a live bait receiver to our dock on the inside of our marina. The total area of our proposed floating live bait receiver is only 18' x 32' (576 sq.ft.), it is not permanently affixed to the dock, and it is not a solid material like the floats installed at O.C.C.'s facility. I have enclosed a series of photos I took at the OCC facility over the weekend. A picture is worth a thousand words. As a point of interest, the current bait receiver located in the channel entrance measures 30' x 75' and covers a water area of approximately 2,250 square feet. I have taken the time to write you this letter and to provide you with the various enclosures so that I know that you now have all of background information concerning our April 29, 2009 request to you to expand our live bait receivers within the Newport Landing Marina, in full accordance with Section 17.36.020 of the Harbor Code. We continue to want to be in a position to sell live bait to the boating and fishing population of Newport Harbor and again ask you for your full support and cooperation with our request to add the small floating live bait receiver within the Newport Landing Marina. Very truly, Douglas L. Salisbur y ry President General Partner/Landing Associates DLS:rf Enclosures cc: Council Member Michael F. Henn Page 1 of 1 Pelican Development From: Pelican Development [admin@pelican1.net] w Sent: Monday, July 20, 2009 11:27 AM To: 'SLLevin@city.newport-beach.ca.us' Cc: 'David Salisbury' Good Morning Shannon, I realize that you have been out of your office since Thursday when I sent you my last email. Since we last spoke, I have been extremely bothered and upset by the process we are now being told we must go through in connection with our April 28, 2009 request for approval to install a new bait receiver within the Newport Landing Marina, which already holds a Use Permit (No. 1086 dated November 3, 1964) for the bait receiver use and which use and expansion was reconfirmed by the Tidelands Administrator in 1984 and by the Marina Director in 1988. In re -reading the "excerpts" which you provided to me from the Coastal Commission response on Thursday, it has become obvious that whoever you talked to did not have all the information- and "did not even understand what a bait receiver is. The closing excerpt which you provided reads "If this proposal would require expansion of the dock and additional piles (which we both know is not the case), we'll need the applicant to demonstrate why they can't install the tank somewhere on the existing dock on land." As a result of the above response and the request fora futtblown CDP'application to Coastal ($2,500 in application fees plus surveys, etc.), I am now respectfully requesting a copy of your communication to the Coastal Commission and a complete copy of the response that you received and only provided excerpts from. This will give me a better understanding, which is now required. Thank you in advance for your prompt response to this request. I am also bothered by the fact that you are requiring us to go through this lengthy and expensive process with three (3) additional governmental agencies when you previously confirmed to me that the only other bait, receiver located in all of Newport Harbor, which comes and goes with the season, has not been required to go through any of these three agencies for any approvals. In addition, it is my understanding that this other bait receiver has been remodeled and expanded over the years without the necessity of any further permits or with the change in ownership. I would like to make arrangements to come down to your office and review their complete file at this time so I can determine why they remain "exempt" while we are not being treated in the same manner. Please let me know when it is convenient for me to come down to your offices for this review. Lastly, since the live bait sales high season only lasts for perhaps another 60 days, we would like to bring in a bait boat and tie it up to the inside of our marina (same location as the bait receiver was requested to be tied up). In reviewing Section 17.10.025(F) of the current Harbor Code, private marinas, such as Newport Landing Marina, are "exempt" from having to obtain a Marine Activities Permit if they operate with a commercial pier permit issued by the City, which we operate under. Our intent is to use the bait boat to conduct live bait sales under the terms of our Use Permit. Please advise promptly. Thank you! In closing, it seems most unfair to me to request what you have requested of us, particularly considering our history and prior approvals, when the other bait receiver continues to be treated entirely differently. By this action, the City is allowing a live bait sales monopoly to exist, which is not in the best interests of the boating community of Newport Beach. Presently, the existing bait receiver will only sell their bait by the full scoop, which is very expensive and certainly not reasonable for the smaller boats and individual fishermen. Shannon, l will look forward to your prompt responses to all of the above. I do hope that you both understand my frustrations and my concerns. I have always tried to do things by the book during by 61 year history as a resident of Newport Beach, but I am uncomfortable if I believe I am being treated unfairly. Regards, Douglas L. Salisbury, President Salisbury Enterprises, Inc. Landing Associates General Partner 7/20/2009 Page 1 of 1 Pelican Development From: Pelican Development [admin@pelican1.net] Sent: Thursday, July 30, 2009 3:53 PM To: 'SLLevin@city.newport-beach.ca.us' Attachments: Untitled Shannon, After waiting another 11 days, I just received your response to my lengthy email to you of July 201. I have attached another copy of that communication hereto for your handy reference. I immediately called your office (3:35pm) only to get your voicemail. I left a message and asked you to please promptly return my call so we could discuss it. In my email to you of July 20th, I expressed a lot of feelings and concerns, but I also made three specific requests of you as follows: 1. Provide a copy of your communication to the Coastal Commission and a complete (not limited _ excerpts) copy,_of_the response that .you. received.. 2. 1 asked to make arrangements to come down to your office and review the complete file on the other bait receiver (seasonal) (previously owned and operated by Greyshock) so that I might have the opportunity to determine why they remain "exempt" while we are not being treated in the same manner. 3. Your consent to bring in a bait boat and tie it up to the inside of our marina (same location as the bait receiver was requested to be tied up) Shannon, your short response said nothing in response to any of my comments, observations or to my three requests of July 20th. I think all three questions are appropriate, reasonable (especially under the circumstances) and deserving of a prompt and complete response, particularly before I am required to spend close to $10,000 and pursue a full blown Coastal Permit application (CDP) as you have instructed me to do. The courtesy of your complete response to the above will be both expected and appreciated without further delays or avoidance. 7/30/2009 Page 1 of 1 Pelican Development From: Levin, Shannon [SLLevin@newportbeachca.gov] Sent: Thursday, July 30, 2009 3:03 PM To: admin@pelican1.net Subject: RE: Newport Landing Live Bait Sales Attachments: AVG certification .txt Mr. Salisbury I am sorry for your frustration at the process to install the bait receiver at Newport Landing. The process has been explained to you and Bill Falkenstein a number of times beginning in April up until now. I have reached out to the Coastal Commission on your behalf and received the answer I expected. This was also relayed to you. I am sorry that I cannot expedite the process so you must apply as an individual to obtain proper permitting. I encourage you to contact one of the local companies to aid your application submittal. You should contact Shellmaker Inc. (949) 548-5359 or Swift Slip (949) 631-3121. Shannon Levin Harbor Resources Supervisor 949-644-3041 www.city.newport-beac,h.ca.us/hbr 7/30/2009 Page 1 of 1 ,Pelican Development From: Levin, Shannon [SLLevin@newportbeachca.gov] Sent: Monday, August 03, 2009 9:46 AM To: admin@pelican1.net Cc: David Salisbury Subject: RE: Attachments: _AVG certification, txt Doug, I have given you the tools to proceed. Unfortunately you do not agree with the procedure outlined by the Coastal Commission. Best of luck with your project. From: Pelican Development [mailto:admin@pelicanl.net] Sent: Monday, August 03, 2009 9:44 AM To: Levin, Shannon Cc: 'David Salisbury' Subject: Shannon, I was so disappointed that you did not return my telephone call on Thursday or Friday, nor give me the courtesy of a response to my three specific requests of you from July 20tn I do not like being stuck, but until I get the information and responses requested from you, I am simply stuck and waiting. I can not make a decision on how best to proceed with the bait receivers until I receive the information and responses requested from you. Shannon, please provide the information and responses requested at this time without further delays. This project is very important to us. Each day of delay is very costly to us. May I please hear back from you today. Thank you! Doug Salisbury President Salisbury Enterprises, Inc. GP, Landing Associates 8/3/2009 Page 1 of 1 Pelican Development From: Pelican Development [admin@pelican1.net] Sent: Monday, August 10, 2009 9:10 AM To:'SLLevin@city.newport-beach.ca.us' Subject: Expansions of Newport Landing Live Bait Receiver Attachments: Untitled Shannon, received your two sentence response of August 31d to my lengthy letters and requests of July 20th, which I restated to you on July 30tn Your response said "I have given you the tools to proceed", however I strongly disagree with this. The tools I need are set forth in items 1 and 2 of my July 30tn email to you (copy attached for your handy reference). Why is this information being denied? Am I not entitled to this information, particularly under the circumstances? Secondly, you have not responded to my request of July 20tn to bring in a bait boat and tie it up in the inside of our marina (same location as live bait receiver was indicated) where a boat is currently tied up. reviewed and spoke to Section 17.10.025 (F) of the current Harbor Code in that letter in connection with this request. Sincerely, Douglas L. Salisbury Landing Associates 8/10/2009 Page 1 of 1 Pelican Development From: Pelican Development [admin@pelican1.net] Sent: Monday, August 17, 2009 10:59 AM To: 'SLLevin@city.newport-beach.ca.us' Subject: Expansion of Newport Landing Live Bait Receiver Attachments: Expansions of Newport Landing Live Bait Receiver Dear Shannon, Please refer to my attached email to you from August 10th. Another week has now passed, and I have not had any response from you whatsoever. May i PLEASE have the courtesy of your response at this time? Thank you, Douglas L. Salisbury Landing Associates 8/ 17/2009 k •� '(.. ¢ ® J b �`J' t �Y'i ��'f sty rr,,�,.� �y,+.� $(�ar+,r WJ�Yyy/ A,ji G%- � .v� � J.'A ,y,°ti'�' �..✓ `4��Y�� M fir• 3 O i�.� �.r"�/e"� '£ q�'N�'� r a ct?:?` Y� z l` �' j �� f � �k "�+s �'� G +„ 7k....,�rl� � u�✓ 3f ��✓+�'E r � Ads) \",r �� is riLy<�� jff 2' '"�'�1. �q Fd�: � F '.er'�r'/^Y.2 �✓T��JI y �y`+• M M 7,y`�+ j, a� �,ti@p� �. � ��i'^E� ar• '+N"�r F✓ " " �' +`�-a> v.n�`�a. `Z�f ��r �' K� �� 4'•�'s'�'r�'�i�va 'Sw w.��P �"` ^Y � :y�,� �,, �F`-�. '�,J x�'Y vs' ,� iiJ'cY�,^S<G. F�2,:A. �''+" �,,rf h �}�.i(+S .+j.�3 f'�z"k ;?�" � r;?'� mr�Ea'�.-�+h•�r�$e��r�Fsa 2P4 t� �`��'.�\ `d L'p,�3.'1{ �"f{l �,ae"F`rs�e'� 3` �X 4� �FY .r �`�,; bn,�•..+'yl� y �y�„3'� � h�� T� �,.,(��(�� 5�=y;��n�`+"•� �re-� �h �'�� des �� £'wa �� ~E• "' y � v< F."' 3vvA'"�.� C:y,�a'F''^��.y�za�� '� '�J� �'�' � t�,t, �,�w�N+ � 7✓ � 3i "n,�. �s�' a 5 ,ram x� ,� ,X: � I•""�� `e �ay ,, �-�'� �� dot `' 4x�'�r�f/ {rr�v".p�,,.+.�•+.6 ��.�' ,/{ �v^v��ir� F�k.�r 57��'Nf'' 'k� y� � r y,�F�Y��vio'� � .i"�'.C•:C 3.,r . `� � ?� ��j'r• .f IN ,�L.. `•� �e"1 � P .C.�isY3- y '. r Y ``£CN' s � `�4'`r.•T�Ji SALISBURYENTERPRISES, INC. 17042 Gillette Avenue Irvine, CA 92614-5601 (949) 251-4880 FAX (949) 251-0524 April 29, 2009 VIA FAX (949) 723-0589 ORIGINAL BY MAIL Chris Miller City of Newport Beach Supervisor Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 Re: Newport Landing Bait Receivers Dear Chris, I just realized that when the letter and enclosures went out to you yesterday that the material specifications were not included. They are as follows: 1. PVC coated wire mesh panels 2. Schedule 80 PVC pipe framework in water 3. 4" x 4" treated lumber frame on top 4. 2" x 6" treated lumber lift off hatches 5. 1/4" marine plywood removable bottom above PVC coated wire mesh bottom. Should you require any additional information, please do not hesitate to call me. We are most anxious to manufacture and install the new receivers at the earliest possible date, ahead of the high season. Very truly, Douglas L. Salisbury President Salisbury Enterprises, Inc. Its: General Partner Lansing Associates DLS:rf Enclosures cc: Bill Falkenstein Levin, Shannon From: Miller, Chris Sent: Friday, September 18, 2009 12:30 PM To: Kiff, Dave; Levin, Shannon Cc: Oborny, Shirley Subject: RE: Newport Landing Bait Barge Attachments: bait receiver. pdf Yes, of course! Coincidence because I was just sitting down to compose a letter to Mr. Salisbury, and I thought today was the perfect day to do so. I guess I'll hold off on the letter now that we'll be talking soon (though he'll bring up the lack of response in our call next week..he wouldn't have liked my response anyway.) Here's the nutshell: He is asking us to permit installing bait receivers at his dock. The receivers will be floating and side tied to his existing float. Building says they are not structures per our Code, so there is no problem there. But, as you can see by the attachment, one cannot deny the increase in use nor the fact that they'll be permanent in nature to the dock. To be fair and consistent, I have to advise him (and others) to seek agency approval of which I'd be happy to facilitate. Shannon, with permission from Doug, asked Karl Schwing who responded that it is a "change in use and intensity of use of the area the bait receiver is occupying" so a CDP would be requrired (as we advised him several months ago.) However, Karl says that he "doubts it would take us that long to process a permit so long as the applicant provideds all the info we need and is willing to work cooperatively with us." I concur, and also compare it to temporary floats at OCC and how they got caught by Coastal recently. It's the closest thing I can compare to. Doug disagrees wiht my assesssment and comparison. Doug is appealling to Karl to reconsider. If Karl approves without a permit, then I am okay too. Unfortunatley though, Doug does not want to pay the Coastal application fee which is relatively high. Shannon and I have wracked our brains to find some sort of an escape clause, but this is how we'd respond to anyone else. We'll both be available Tuesday through Friday next week. Chris From: Kiff, Dave Sent: Fri 9/18/2009 10:51 AM To: Levin, Shannon; Miller, Chris Cc: Oborny, Shirley Subject: Newport Landing Bait Barge Would you folks mind a sit-down just with me (maybe Chris by conference phone, Shannon in person) to go over the facts on this one? Mr. Salisbury is talking actively with Mike Henn about this still. I'll have Shirley set it up for next week. Dave t Ri January 15, 2010 California Coastal Commission Attn: Karl Schwing 200 Oceangate, Suite 1000 Long Beach, Ca 90802-4416 Mr. Schwing, CITY OF NEWPORT BEACH CITY MANAGER'S OFFICE Harbor Resources Division The City of Newport Beach has decided to allow the short term installment of a temporary bait receiver at the Newport Landing Marina, 503 Edgewater Place, Newport Beach 92661. Harbor Resources has determined that: 1) this additional receiver will not be permanently attached to the existing floats, but rather side tied via cleats, much like a vessel would side tie, 2) a City Building permit is not required because this receiver will not be considered a "structure", and 3) this receiver will only be present during a predetermined number of months a year. Therefore, the City does not believe any permits are necessary for this bait receiver and we are asking the Coastal Commission to concur. This additional bait receiver will also enhance the visitor -serving commercial recreational facility and will enhance local coastal recreation. You have previously indicated that a long term or permanent placement of a new receiver would require a permit because it would change the intensity of use. The applicant is now proposing a shorter term use of tanks (April through November) similar to the temporary operation of our off -shore harbor bait barge. The subject location has two functioning bait tanks authorized to sell live bait per Use Permit No. 1086 approved in 1964 by the City's Planning Commission. In 1984 the Tidelands Administrator approved the use and design of the expansion of the existing receiver system. The entire receiver system at the subject location would continue to function in the same role, however, the bait capacity and sport -fishing bait service frequency would increase during the select period (see attachments). Requirements of the City approving this additional temporary receiver shall be contingent upon acceptance of the following terms. 1. Bait receivers may be in place for a time not to exceed April 1 - November 30 of any given year. 2. Bait receivers must be installed in a temporary fashion. It is mandatory that installation and/or removal be possible in a period of not more than 3 hours. 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 • www.newportbeachca.gov 3. No person shall commercially operate a bait receiver without first obtaining a Marine Activities Permit (MAP) or alter the conditions of an existing MAP. NBMC 17.10 4. Bait receiver will have a screen tray bottom to retain all dead bait within the receiver which can be raised to dispose of dead bait. Bait receiver shall also have a screen or solid cover which fits closely. NBMC 17.30.030B 5. Receiver shall be covered at all times unless bait is actually being transferred to or from the tank. NBMC 17.30.030D 6. No person shall place or allow to be placed any live or dead bait in the confined waters of Newport Harbor except when it is attached to a hook or hooks in the act of fishing. NBMC 17.30.030E 7. It is unlawful for any person to feed or provide food to any non -domesticated animal. NBMC 7.30.010 8. It is unlawful for any person to deposit, put, place, drop, dump or throw or cause to be deposited, put, placed, dropped, dumped or thrown any food, refuse, fish, or fish parts into the waters of Newport Bay including, but not limited to, washing down a vessel or dock containing fish parts, bait or food into the waters of Newport Bay; or pumping live or dead bait out of holding tanks of a vessel or a dock into the waters of Newport Bay. NBMC 7.30.030 A. 9. Any other alteration to operation or dock system must be authorized by the City of Newport Beach and may be subject to further agency approval. 10. No person shall transfer live bait from one vessel to another vessel or sell the same at retail from a vessel within the limits of Newport Harbor, except when all vessels involved are moored to a pier and are within the Pierhead Line, except that during a period of adverse conditions of sea or beaches causing the transfer from offshore receivers to be hazardous, a location inside the harbor may be used with the approval of the Harbor Resources Manager. NBMC 17.30.030F According the Newport Beach Municipal Code (NBMC) the proposed additional receiver does not constitute a structure and may bypass the City's plans examiner. However, upon local approval, Harbor Resources will issue conditions as stated above to restrict the intensity and use of this particular additional bait receiver system. Within 30 days Harbor Resources is asking for your concurrence based on these facts herein. Please feel free to contact me with any comments or questions concerning this project. Thank you Harbor Resources Manager Attachments- Aerial Map & Proposed Project cc: Doug Salisbury, Landing Associates, President ` PME CITY CAP NE' PORT BEACH April 10, 2010 Mr. Doug Salisbury Salisbury Enterprises, Inc. 17042 Gillette Avenue Irvine, California 926144 Dear Doug: Thank you for your recent March 8t' letter and follow up faxes that describe the process you and the Harbor Resources Division have taken to help resolve your request to install the bait receivers I can certainly appreciate your frustration at the length of time it has taken to get to this point. 1 too would like the bait receivers in place as soon as possible. As you properly note, Chris and Shannon contacted the Coastal Commission as part of our agreedupon solution to help you through this process. Collectively we decided to inform the Coastal Commission of our decision for you to proceed, but we also offered them an opportunity to provide comments within 30 days of our letter. Unfortunately, they responded a few days after our 30 day timefrarne, and they said that yes, indeed, permits would be necessarv. It's tough to fight the Commission. I think the best thing to do is comply. I've instructed' Harbor Resources to help speed this process along.to the best of their ability. in addition, per our agreement last fall, I am willing to contribute $1,000.00 towards securing permits with the regulatory agencies to assist you. I recognize that you may disagree with the agency's opinions, but the City must work with the agencies instead' of around them. Sincerely, DAVE KIFF City Manager City Hall • 3300 Newport Boulevard Post Office Box 1768 • Newport Beach, California 92659-1768