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HomeMy WebLinkAboutM2003-0012CITY OF NEWPORT BEACH FINAL LETTER - COMPLETE i4rot 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 VIVIAN VALLELY 508 S. BAY FRONT NEWPORT BEACH, CA 92662 C61 Penn�� flodhea) f Dear Commercial Pier Permittee, Permit number: HC2004-008 Location : 510 EDGEWATERPI, Status : CLOSED 10/27/2004 I t Z- -5� 11 This is an- acknowledgement letter stating that you have successfully corrected the violations previously noted in the City report that was sent to you earlier this year. Your docks have met the minimum standards as set by The City of Newport Beach Municipal Code. Your actions will help reduce the potential for fire related injury and property damage in Newport Harbor. Please remember that it will be your responsibility to ensure that your docks maintain this level of safety in the years to come. The Harbor Resources and Fire Departments will be conducting routine inspections of your property in the future. Thank you for your compliance. Please feel free to give us a call if you should have any additional questions. CHRIS MILLER - HARBOR RESOURCES SUPER VISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page I of2 VP HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660 Tom Rossmiller - 949-644-3041 Chris Miller - 949-644-3043 CITY OF NEWPORT BEACH FINAL LETTER - COMPLETE FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915 Nadine Morris - 949-644-3105 VIVIAN VALLELY 508 S. BAY FRONT NEWPORT BEACH, CA 92662 DATE COMMENTS Permit number: HC2004-008 Location 510 EDGEWATERPL Status: CLOSED 10/27/2004 Berthing 08/26/2004 All boats shall be readily removed in an emergency without the necessity of moving other boats. At the time of the inspection, vessels were parked in a manner that impeded the removal of other vessels located at the dock. NFPA 3 03 Chapter 5 Section 5. 1. 1 09/28/2004 Action Plan is Approved. Implementation required by January 30,2005. CRRISMILLER -HARBORRESOURCESSUPERVISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page 2 of2 September 24, 2004 Penny Rodheim, General Manager Balboa Boat Rentals 510 Edgewater Place Balboa, CA 92661 Subject: 510 Edgewater Place, Multiple Berthing Action Plan Permit Number HC2004-008 Dear Ms. Rodheim: ; : I I am ii i receipt of your letter dated September 7, 2004, regarding the issue of multiple berthing occurring at the above subject address. Due to the nature of your business, your correspondence states that multiple berthing at the facility will need to continue. It is our understanding that vessels will be multiple berthed only during normal business hours. In the event of a vessel fire in the harbor, it is imperative to remove exposed vessels immediately. Employees shall be trained to respond without delay and take appropriate measures. After hours, all vessels will be arranged such that any vessel can be readily removed in an emergency without the necessity of moving other vessels. This action plan is approved and required to be implemented by January 30,2005. Please contact Nadine Morris at (949) 644-3105 if you require assistance. Your letter also addressed the purchase of a new flammable liquid storage cabinet. An extension is granted to October 6, 2004, to allow for the receipt and installation of this cabinet to store your flammable liquids containers. Thank you for your cooperation. We look forward to achieving a fire safe harbor in Newport Beach. �J Timothy Riley Fire Chief h (- Zoo./ - BOAT RENTALS OF AMERICA September 17, 2004 7rALS OV� new inflammable metal storage unit has been ordered to accommodate BALBOA I OCEANSIDE Chris Miller, Supervisor MARINA DEL REY Harbor Resources www.boats4rent.com 829 Harbor Island Dr. It Newport Beach, CA 92660 Dear Mr. Miller, CORPORATE OFFICES 125 E. Baker Street, Ste. 266 Costa Mesa, CA 92626 Balboa Boat Rentals received the issuance notice dated 9/9/04 regarding the Ph 714-557-5100 pier located at 5 10 E. Edgewater today, 9/17/04. We request that additional Fax 714-557-5109 days beyond the 14 day requirement be allowed in order for us to comply with the suggested Corrections. BALBOA BOAT RENTALS 510 E. Edgewater Balboa, CA 92661 1 . The multiple berthing of the boats is only during the daytime hours of Ph 949-673-7200 operation, while our staff is on hand to address movement of any of Fax 949-673-1320 the vessel in case of emergency. It is our understanding that this is a reasonable and acceptable situation. MARINA BOAT RENTALS 13719 Fiji Way Marina Del Rey, CA 90292 2. As of January 1, 2005 the evening berthing arrangements will be Ph 310-574-2822 configured to comply with the codes, allowing each boat to be moved Fax 310-574-2821 freely, without having to move any other vessel. BOAT RENTALS OF AMERICA 3. Gasoline storage, at present, is stored in marine fuel containers. A OCEANSIDE HARBOR 256 Harbor Drive South new inflammable metal storage unit has been ordered to accommodate Oceanside, CA 92054 additional fuel storage and meets fire code requirements for flammable Ph 760-722-0028 liquids. This unit will be affixed and secured to the dock. We expect Fax 760-722-0474 receipt of this unit in 10 days. We hope the above meets with your approval. Sincerely, Penny odheim General Manager Balboa Boat Rentals 5 10 E. Edgwater Balboa, CA 92661 (7140 557-5100 Ext. 12 CITY OF NEwpowr BEACH CORRECTIONS INC43MPLETE l 7, ilrolo 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 - 949-644-31 Of; VIVIAN VALLELY 508 S. BAY FRONT NEWPORT BEACIL CA 92662 Issuance Date : 09/09/2004 DATE COMMENTS Permit number: HC2004-008 Location 510 EDGEWATERPL Status: OPEN Berthing 08/26/2004 Marinas with multiple berthing violations must submit an action plan to resolve the infractions by January 30, 2005. Action plans must be approved by Fire Chief Riley by the deadline posted on the cover sheet of this report. 08/26/2004 All boats shall be readily removed in an emergency without the necessity of moving other boats. At the time of the inspection, vessels were parked in a manner that impeded the removal of other vessels located at the dock. NFPA 303 Chapter 5 Section 5. 1.1 - Other 08/26/2004 Flammable & combustible liquids storage in excess of 10 gallons shall be stored in liquid storage cabinets. (Portable dispensing container & 5 gallon containers.) 2001 California Fire Code Section 7902.5.8 CHR1SA,ffLLER -HARBOR RESOURCES SUPERVISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page 2 of2 Miller, Chris From: Rossmiller, Tom Sent: Wednesday, October 22, 2003 1:34 PM To: Miller, Chris Subject: FW: Dock For 506 E Bay Ave. Chris Have you seen this one come through yet? Ilm ----- Original Message ----- From: Jurdi, Faisal Sent: Wednesday, October 22, 2003 8:49 AM To: Rossmiller, Tom Subject: Dock For 506 E Bay Ave. I have approved a modification to allow replacement of an existing 4'x 70'fingers with 5'wide fingers in lieu of 61' wide required by Harbor Construction Standards based on engineering analysis which does not allow waiting or congregation of passengers'on the dock' Please condition the license accordingly. I will send you a copy of the modification for your records. P JTY OF NEWPORT BEACH 8U11-Wj'G DEPARTMENT C OCT 0 7 2003 BUILDING DEPARTMENT C,;TY OF NF R CAI X" I T BEACH 3300 Nevport Boulevard, P.O. Box 1768 Newpoil Beach, C,"\, 92658-8915 F08N A ,qk Ir VL CASE NO. (Receipt No.) L)U REQUEST FOR MODIFICATION TO PROVISIONS FOR STAFF USE ONLY r "OF TITLE 15 OF THE NEWPORT BEACH Plan Check # TY'� W, -4, ..# ofstories,� MUNICIPAL CODE Occupancy Clasi;itiCatioll �.'Z, (See Reverse for Basis for Approval) (Fee $174) "Use of Bui ding Al C,, r, L2 [3 e 4 of Units REQUEST FOR ALTERNATE MATERIAL Project Status Ks D IQ PC OR METHOD OF CONSTRUCTION Construction Type (See Reverse for Basis for Approval) (Fee $174) Verified by �L� I'S F-1 REQUEST FOR EXEMPTION FROM DISABLED No. of Items Fee due ACCESS DUE TO PHYSICAL OR LEGAL CONSTRAINT (Fee $775) (Ratification by the Board of Appeals will be required.) DISTRIBUTION: Owner ............. Plan Check. Yd"4� For above requests, complete Sections 1, 2 & 3 by printing in ink Petitioner Inspector:... Fire Other :DtWA RO,�Q or typing. JOB ADDRESS Site Address: 50(p IF 4AV Petitioner Owner Vq-1141y Z� - Address Address Is �f zip 2-- 7 ?2 CA — zip Daytime Plione (6- 14 1 7/3 Daytime Phone 63 L�12 1 2]EEQKEST: Submit plans if necessary to illustrate request. Additional sheets or dat.a. m,,lv-b.e attached. --- r-4 H-Ivffb�VIE-SOURCES DIV. C1 TY OF NEWPOK I BEACH S Ili UtQ1 —' 3 USTIFICATION/FINDINGS OF EQUIVALENCY: 'E SECTIONS: WV 0,0ao�' 4�-Vede�( 7'�- :5 O,MIE�- (A � ' d A rt AC- f4E�ID 1411VI/ "Cell/ (11(-15;1 7-- ioc,(-k-leze, Petitioner's 1166-e rl /L Signature Position Amn( �`/- Date DEPARTMENT ACTION: In accordance with: 105 UAC (Alternate materials JAI 06 UAC (UBC Modification) & methods) (Signature, statement of owner or applicant, staternent of reasons for appcal and filim, fees are required.) 1 L),/) - CASHIER VALIDATION /2-(V I - Forms , eqnxdif WN�)3 STATE -OF CALIFORNIA - THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT PO Box 1450 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 (562) 590-5071 www.coastal.ca.gov GRAY DAVIS, Governor Date:, July 10, 2003 Permit No. 5-03-049 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on June 19, 2003 and was reported to the Commission on Wednesday, July 9, 2003 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely, PETER M. DOUGLAS Executiv6 Director FFRN)E J. SY staLProgram Analyst RECEIVE[) BY PLANNING DEPAPTME:NT CITY OF: NfFVVPr)PT BEACH AM JUL 1 2003 PM CALIFORNIA COASTAL COMMISSION STATE OF i�ALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Govemor CALIFORNIA COASTAL COMMISSION 'South Coast Area Office Permit Application No. 5-03-049 )00 Oceangate, Suite 1000 ."ong Beach, CA 90802-4302 Date: June 19, 2003, (562) 590-5071 Page 1 of 7 W 3a ADMINISTRATIVE PERMIT APPLICANT: Vallely Investments LP, Attn: John Vallely PROJECT DESCRIPTION: Remove and replace three (3) boat dock fingers, a backwalk, and a landing; install a new pier, pier approach and gangway and remove an existing "T" pile and install two (2) new 14" "T" piles. PROJECT LOCATION: 309 Palm Street, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Wednesday, July 9,2003 10:00 am Petaluma Sheraton 745 Baywood Drive Petaluma, CA 94954 IMPORTANT - Before you may proceed with development, the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU .MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. PETER DOUGLAS Executive Director By: Fernie J. ISM Title: -Coastal Program Analyst 5-03-049-(Vallely) Administrative Permit Page 2 of 7 STANDARD CONDI�IONS: 1.: Notice of ReceiQt and Acknowledgment.'The permit is not valid and development shall not comm.ence-until a. copy -of the permit; -signed bythe permittee or authorized -agent, acknowledging receiptof the.permit and acceptance of the terms and conditions, is,returned to the Commission office... 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of�any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The perm it may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages five to seven. EXECUTIVE DIRECT!*'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Pro8ect Description -and Background - 1 Progect Description The subject site is located at 309 Palm Avenue in the City of Newport Beach within Newport Harbor (Exhibits #1 -2). The subject site and the surrounding area are characterized by retail and service commercial uses and boating related uses. The proposed project (Exhibit #3) involves the following: removing and replacing three (3) boat dock fingers (two (2)-5'x 70' and one (l)-6' x 70'), a 10' x 79' backwalk, and.a 6' x 12' landing; installing a new 1 OV x. 14' pier, 10' x 4'pier approach and 4'x 30'gangWay; removing an existing "T" pile and installing two (2) new 14" diameteC'T" piles. The docks will be'replaced like for like and continue to serve as a'-. commercial function (fishing boat rentals), thus the floating dock system Will only be used for boating related purposes. The dock PrO4 . �.ill be used for boating related purposes to se rve a commercial type of development. The site has been surveyed by the City of Newport Beach Harbor Resources 5-03-049-(Vallely) Administrative Permit Page 3 of 7 Division for eelgrass and no eelgrass was discovered within 15 feet of1the.projectarea. The. site has not been surveyed for Caulerpa taxiffiblia, therefore a pre -construction Caulerpa taxiffiblia survey must be conducted. These eelgtass and,Caute 'a taxflfbfias'urvey� �8re valid rp for a limited period of time (until the, next growing season for eelgrass: and 90 days for Caulerpa taxiffiblia), Based on these criteria, the eelgrass survey, which wa8'performed in December 2002, is no longer valid. In addition, no Caulerpa taxilfolia survey has been 'Undertaken. Thus prior to commencement of construction, an eelgrass and Caulerpa taxiffiblia survey must be undertaken. If any eelgrass or Caulerpa taxiffiblia are found on the project site, Special Conditions No. 2 and No. 3 identify the procedures necessary to be completed prior to beginning any construction. Coastal public access to the bay is available to the adjacent south of the project site along Edgewater Place, a public walkway along the bulkhead (Exhibit #2). The proposed project has received an approval in concept from the City of Newport Beach Harbor Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicant has applied for a permit from the U.S. Army Corps of Engineers. 2. Prior Commission Actions at Submect Site On May 27,1983, the Commission approved Coastal Development Permit 5-83-222 (Balboa Bayview Development) for the demolition of an existing duplex and a retail store, resubdivision into three parcels and construction of two 3 -story structures, connected at the third floor, with 92 parking spaces. The project included remode.ling of.the existing boat rentalfacility which was to remain. Seven (7) Special Conditions were imposed regarding restaurant use, observation deck, visitor -serving uses, restaurantr�business hours, lateral access,.beach replenishment and landscaping plans. On October 3_1984, an application for Assignment of Coasta[ Permit and Affidavit o f Assignee was submitted by Pacific Thrift and Loan Association (Attn: Alex Spitzer). On March 8, 1985, the application was, withdrawn. On July 25, 1985, the Commission approved Coastal Development Permit 5-85-445 (Howard and Glaser) for the demolition of an existing residential and commercial structures, consolidating 12 lots and a portion of another lot, and construction of a three-story, approximately 5, 028 square feet of retail/commercial, 17, 127 square feet of restaurant and fast food with approximately 8, 000 square feet of customer -service area, and a four -level parking structure to provide 237 parking spaces with val ' et parking ser ' vice.. Seven (7) Special Conditions were imposed regarding restaurant use, observation deck, signs, visitor -serving uses, lateral access, beach replenishment and landscaping plans, On March 14, 1996, the Commission approved De Minimus Waiver 5-96-018 (Edgewater Place Inc.) for conversion of 1, 335 square feet of retail space to use for an arcade. Approximately 70 square feet would be used for an ancillary ice cream/soda stand with no seating, and the remainder of the area would be devoted to arcade games and 4 billiard tables. On October 6, 2000, the Commission approved an Immaterial.Amendment to Coastal Development Permit 5-85-445 (AT&T Wireless Services) I to.include the installation of an unmanned wireless telecommunications facility on,an.,existing two-story commercial structure parking garage. The project involved the placement of twelve (12),fagade mounted panel antennas on the north, east and west elevations of the building. All antennas would be screened behind fiberglass panels to match the existing architectural designs of the, structure. 5-03-049-(Valiely) Administrative Permit Page 4 of 7 7 The electroHic telephone equipment would be located within a storage room on the first floor of the building. B. Marine Resources The proposed recreational boat dock development and its ass�ociated� structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less -- environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. C. Water Quality The proposed work will be occurring on, within, or adjacent to coastal Waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post -construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. - D. Local Coastal Program The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on January 9, 1990. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. California Environmental Qualitv Act (CE As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. 5-03-049-(Vallely) Administrative Permit Page 5 of 7 SPECIAL CONDITIONS: 1. Water guality A. Construction Responsibilities and'.. Debris, Removal (1) No construction materials, equipment, debris, or waste will be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion. (2) Any and all construction material will be removed from the site within 10 days of completion of construction. (3) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (4) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (5) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. (6) Non -buoyant debris discharged into coastal waters, will be recovered by divers as soon as possible after loss. B. Best Management Practices Program By acceptance of this permit the applicant agrees that,the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that -protects water quality pursuant to the implementation of the following BMPs. (1) Boat Cleaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris.,. b. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate - free and biodegradable shall be used, and the amounts used minimized. c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: a. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will 5-03-049-(Vallely) Administrative Permit Page 6 of 7 be disposed of in a proper manner and will not at any timebe disposed- of in the water or gutter. (3) Petroleum Control Management Measures: a. Oil absorbent materials shal[ be examined at least. once a year and replaced as necessary. The applicant will recycle the materials, if possible, or dispose of them in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. Boaters will use preventive engine maintenance, oil absorbents, bilge pump -out services, or steam cleaning services as much as possible to clean oily bilge areas. Bilges shall be cleaned and maintained. Detergents will not be used for cleaning. The use of soaps that can be discharged by bilge pumps is prohibited. 2. Pre -Construction Eelarass Surve A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National�Marine Fisheries Service and'shall be prepared in consultation with the California Department of Fish and G6me'.`The applicant shall submit the eelgrass survey for the reviewZnd approval of the Executive Director Within five (5) business days of completion of each 6elgrass survey and in any event no later than fifteen 15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the'"Southern California Eelgrass Mitigation Policy" Revision 8 (except -as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.21 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.21 (mitigation: impact). The exceptions to the required 1.21 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 5-03-049-(Valiely) Administrative Permit Page 7 of 7 3. Pre -construction Cauterva Taxifolia SurveY A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any,development authorized under this coastal, development permit (the "project"), the applicant shall und . ertake a survey of the project area and a buffer area at, least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043). D. If. Caulerpa ta I xifolia,is.found withinrthe project or buffer -areas, the,applicant shall not,-, proceed with the project,until 1) th �,e applicant provides evidence to the Executive Director that.all C. taxifolia discovered within the project and buffer area has been ',with all,applicable governmental approval eliminated in a manner that complies requirements, including but, not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to, the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. ACKNOWLEDGMENT OF PERMIT RECEIPTACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy, of this permit rand have accepted its �contents' including all conditions. Applicant's Signature Date of Signing W�lm ____j ftm�� Afo* P41 A( JrDl&A ea JV4,Do PZ.4 C, co'N 0JV4,D,, sr*,rr, 'u. g 12�4 mgg v- qvr A - Vg, g A-7 4 R, vp� 41 n COASTAL COMMISSION EX' r # HIBV PAGE MR5 u 0 N.: v OR . . . .......... I ............ . ........ . .. X, W I tg W6, P,eofo>e� lv,e LAI ZAC 11 Ki I (/.; jy,�k' EEL ,V'NO E - EL G cl, - EEL G Rk —5; 7 - . AIT # RPPL i s k5S WITHIN 15' IN TH PROJEi 30;1 4,11 Cl PLAN VIBy .4al( A tz A )F PRO,JE C.% TAIREA.; Co ALCOMMI 2- fy Slo EXHI IT# Ao PAGE OF C_ x 30;1 4,11 Cl PLAN VIBy -H CiTY OF NEWPORT BEAC_jH CITY OF NEkPCRT BERCH WEST N04:)ORT (D ERY 71 BAY /'RCIFIC Sol 0 PIM YICINITY MRP PROFILE lv 40 ER57 K3F� JEM ��S RRE D?RESSED IN FEET RND DENOTE O-EVRTIONS BA= ON �E� L%EP LOH HRTER. zo, '(0" o' Z tie to ine W A'('A /4e if -z I pjw z" Ln Iv,e ov, Lo K WAL 10 V: EEL GRASS INSPECTION �r M ;3m 0 EEL GRASS WITHIN '5'OF PROJECT EELGRASSINTHEPRUECT i�l Z�olnriussiou AREA _Off la� til coasi 14 Aj SIGITA-T—URE lo? <) Q 1 6.w - 3o `77-7-7- = 30' FPPL i w S NRhE JOB RDDRESS DRTE ;_ 08/09/2003 17:58 9496313122 SWIFT PAGE 02 T 1) Zm MT. John Valleyly C/o Swift slip Attention: Beth Swift 2027 Placentia Avenue Costa Mesa, California 92627 Dear Ms. Swfft: DEPARTMENT OF THE ARMY LOS ANGELES DISTRICTj CORPS OF ENGINEERS P.O. BOX $32711 LOS ANGELES, CAUFORNIA 90053-2= Mardi 5,2003 Reference is made tO your request of February 4, 2003 (File No. 200300539-SJ14). Under the provisions of Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C. 403), you are hereby authorized to replace an existing boat dock, with no increase in coverage of open water habitat, at 309 Palm Street in Newport Bay, within the city of Balboa, Orange County, California, as shown on the enclosed drawings, The owner or authorized responsible official must sign and date all copies of this Letter of Pennission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Thank yoil for participating in our regulatory program. W 4 Sincerely, WMA �.Mark Durham Chief, South Coast Section Regulatory Branch DATE 08/09/2003 17:58 9496313122 SWIFT PAGE 03 California Regional Water Quality Control Board Santa Ana Region Win��;ox a ston Hick Intemet Address: http!//www.swrcb,ca.gov Cray Davis 3737 Main Sti-ect, SUite 500, Riversidc, Califopnja 92501-3348 Governor Phone (909) 782-4130 FAX (909) 781-6298 February 7, 2003 Beth Swift Swift Slip Dock and Pier Builders 2027 Placentia Avenue Costa Mesa, CA 92627 PROPOSED REPLACEMENT OF EXISTING 1)00� JOHN VALLELY) 309 PA.LM STREET, BALBOA, ORANGE COUNTY Dear Ms. Swift: If standard dock construction methods wid materials are utilized, this project should not adversely impact water quality. A statement has been submitted that there will be no waste discharged from the proposed project. Based on these assurances, clearance is provided, However, should the Army Corps of Engineers determine that this project requires a Section 404 permit, it will be necessary for the project proponent t o obtain from this Board a Water Quality Certification unde'r Section 401 of the Clean Water Act. Should you have any questions, please contact J. Shami at (909) 782-3288. Sincerely, en -- '0 Pil( Martirez)r., P.E. Chief, Regulations Section cc: California Coastal Conu-nission, Long Beach An,ny Corps of Engineers Enik Larsen City of Newport Beach, Marine Department - Tony Meller JISNutagI 67�et California EnvironinentalProtection Agency 0*1 RqC-)'C1qe1 Paper oRT,& .3: R AA& NEWPORT BEACH FIRE AND MARINE DEPARTMENT January 20, 2000 Mr. Ralph Rodheim. Rodheirn Marketing Group 125 East Baker Street, Suite 266 Costa Mesa, CA 92626 Re: Con-Lm.ercial Harbor Activities Permit For Balboa Boat Rentals Dear Ralph: Attached is a final copy of the Commercial Harbor Activities Permit for Balboa Boat Rentals. Please review Exhibit A. As indicated, based on your letter of March 7, 19995, you are authorized to rent up to 29 boats from your 510 Edgewater site. In addition to that 29 you can also rent up to 20, one to two person kayaks. Please sign the permit and return if to me. I will return a signed copy to you. If you have questions or wish to discuss this further please give me a call at 644-3041. Sincerely, z`7 Tony Melum Deputy Chief Marine Environmental Division COMMERCIAL HARBOR ACTIVITIES PERMIT The Marine Environmental Division of the Fire and Marine Department of the City of Newport Beach hereby issues a Conunercial Harbor Activities Permit to Balboa Boat Rentals. This permit is issued and authorizes only those activities specified in paragraph A and is subject to strict compliance with the terms and conditions specified in paragraph B. A. Balboa Boat Rentals is authorized to conduct a boat rental business and shall only use those vessels specified in exhibit A or substitute vessels approved by the Marine Environmental Division, subject to subparagraph B-11. 29 vessels and 20 kayaks maximum from this site. B. Terms and conditions. The conunercial harbor activities authorized by this permit are subject to strict compliance with the following conditions: 1. All vessels operated by Balboa Boat Rentals shall be berthed at 510 Edgewater, Balboa, Ca 92661. 2. Loading and unloading of all passengers shall occur at 510 Edgewater, Balboa, Ca. 3. Any significant change in permitted operations shall require approval of an amendment to this permit pursuant to Chapter 17.41 of the Newport Beach Municipal Code. 4. All vessels operated by Balboa Boat Rentals shall be equipped as required by the U.S. Coast Guard Regulations. 5. All trash and litter generated by activities authorized by this permit shall be disposed of in appropriate receptacles which shall be emptied as often as necessary to maintain a neat and orderly appearance. 6. All human waste collected on board any vessel operated by Balboa Boat Rentals shall be discharged solely in the City's sewer via a vessel pump out station. 7. Balboa Boat Rentals shall not increase the number of vessels or substitute vessels for those listed on Exhibit A without the prior written consent of the Marine Environmental Division which shall not be unreasonably withheld. 8. Days of operations: 7 days a week. Hours of operations: Winter 11:00 am to 5:00 pm Summer 9:00 am to 9:00 prn 9. Balboa Boat Rentals shall comply with all of the provisions of the Newpo ' rt Beach Municipal Code, and the Harbor Policies adopted by the Newport Beach City Council. The City Council reserves the absolute right to amend the provisions of the Municipal Code or Harbor Policies relevant to con-Lmercial harbor activities. 10. Balboa Boat Rentals shall defend, indemnify, and hold harmless the City of Newport Beach, the County of Orange, the Orange County Harbor District and their respective officers, employees, agents and representatives, with respect to any claim or lawsuit alleging any loss, damage, injury or entitlement that is in any way related to the issuance of this Permit or the commercial harbor activities authorized by this Permit. The City Council reserves the right to retain legal counsel to defend its interests in the event of any litigation which Balboa Boat Rentals is obligated to defend pursuant to this Permit. In the event the City Council retains special counsel to defend its interest, Balboa Boat Rentals shall reimburse the City of Newport Beach for all reasonable expenses and costs incurred by it in defending the litigation, as well as paying and/or complying with any judgment resulting from the litigation. 11. City Council approval is required to transfer some or all of the commercial harbor activities authorized by this Permit to a location other than 510 Edgewater, Balboa, Ca. The City Council reserves the right, in its sole discretion, to require Balboa Boat Rentals to comply with all provisions of the Newport Beach Municipal Code with respect to those commercial harbor activities transferred to a different location, including without limitation, the provisions of parking and other land -side support facilities. The City Council also reserves the discretion to waive some or all of the required parking or land -side support facilities upon a determination that the transfer will not adversely impact the health, safety or general welfare of those working or living in the area to which commercial harbor activities would be transferred. 12. The Fire and Marine Chief, or City Council on appeal or review, shall have the power to impose reasonable new conditions, or modify existing conditions, upon a determination, supported by substantial evidence, that the operations of Balboa Boat Rentals are adversely impacting the health, safety, or general welfare of those who use, enjoy or own property near the waters of Newport Bay and will continue to do so in the absence of the new or modified conditions. -2 DATED: BY: DATED: BY: Ton�Melum, Deputy Chief Fire and Marine Department N) " 1,�> N) N-) M -.,, -a. -.N -4_4 � � — — " (0 00 -4 -4 M e7i rx W M CD X (D 0 Cn 4h- W IQ C) CD M > <.A N3 to cn 0 -:3 CD 0 0 a C.) q: =r g =p g -t =p m 113 --1 0 0 CD (D CD CD -D �D D- Q 0 -0 — =-- =- =- 0 CL EL EL CL m m,m rn am m m EL rn m m (D m > a 2. lot cr, 0 0 0 0 co w w m m co CD 1 m w m 0 0 0 0 0 0 0 0 0 CP 1% a —w 0'. a 1.0 � L 10 �L C) 0 C) 0 0 C) 0,0 00 0 0,0 > -n -n -n -n 7n -n -n -n -n m, -n n n -m n m 'n -n 71 rQ. N) Ul 0 CD z .11, co ---j I& b. Cn 0 W�w (A �CO:M- CA OD m H- ---j C4 OD to CD WJ) W -j Ch to --I W,ca "0 0) w --4 CD Of 0 0 m cr Q 7 x X cn X 7 r- W C-5 E5 x r- P r- -0 1 = b m U) X X -0 C) r - m Cl) -u M < < so 0 0 G) 000 (D 0) zr 0) 0 0 =r T (D 5 C CD CD @ D) 0 CD 0) C) M 0 03 CD :3 � — -3, " pj " OD 00 co co "0 C 0 co M co C) co fn LIn Ch w co CO' co, CO 00, CO! CO 0 (n 0� n, O� 0 0, C) 0' n� CD (D, CD CD CD, CD, O� c) 0 0 0 C), 0 wczi� .46 Zb a w K) 54 (D C) sc� wc�se:�;2 GGGT LT -OZ(l G12TSLSSt;TL : 'CN �INICHr� w CA) CA) " N) 1 (3) w co Cb t,;o — — -.1 cn CD CD CD 0 -.21 -MMI, I to co co to 01 —j a) ab m &.. ?S, M (D .V t 0", (D 0 m ED 0) 0 0 0 a' cr ar cr co W CD (D CD (D M fQ 'Lo cc co (.0 U3 to (.0 (0 C) CA co m Cb ;o 0 -n 11 -n -n n to C:) 41, m (D z 0 (D C) sc� wc�se:�;2 GGGT LT -OZ(l G12TSLSSt;TL : 'CN �INICHr� w CA) CA) " N) 1 (3) w co Cb t,;o — — -.1 cn CD CD CD 0 -.21 -MMI, I to co co to 01 —j a) ab m &.. ?S, M (D .V t 0", FROM PHONE NO. ; 7145575133 Feb. Ell 2DOO a3:2SPM Pl �1314 0 OR �,.- 111�,?ZrALS Of P - Corporate Office, 125 E. Baker Ste- 266, Costa.Mesa, CA 92626 (714) 557-5100 Phone (714) 5 5 7-5 i 09 Fax WWW. boats 4rent.coni Send To:. company:__L4 0 Urgent 11 Please Comme From: - Date: /)�For Your Information Total Pages: I (including cover sheet) Message: 1�7 FROM : PHONE NO. : 7145575109 Feb. 01 2300 33:26PM P2 NEWPMT ]BEACH FIRE AND MARINE DEPARTMENT jimuary 20, 2000 Mr, Ralph Rodheiim Rodheim Marketing Group 125 &LA Baker Street, Suite 266 Costa Mesa, CA 92626 Re, Comme=fal Harbor Activities Permit For Balboa Boat Rentals Dear Ralph* Attached is a final copy of the Commercial Harbor Activities Pe;rm it for Bal'boa Boat Rentals. Please review Exhibit A. As indicated, based on yotur Ictter of NUrch 7, 19995, you axe authoAzed to rent up to 20, boata f7orn your 510 Edgewater site. In a4dition to that 29 you can also rent up �o 2(), OnV tO two person kayaks, Flease sign the permit and return it to me. I will return a signt.,ki copy to you. If you have questions Or wish to discus5 fts, hirthin plvasc give me a call at 644-3041, Sincerely, '-�. A /**7 4g�*� Tony Mel= Deputy Chief Marine Environmental Division FROM : PHONE NO. : 7145575la3 FaJ--,. 31 2aDD 33:27PM P3 DATED: BY: 9B lboa Boat Re t'al DATED: BY: Tony Melum, Deputy Chief Fire and Maxine Department Date: To: Company: FAX #: Fron-r # of Pages: ORT,& 4q ,,A M FACSIMILE TRANSMITTAL Newport Beach Fire and Marine Department Operations Division (949) 644-3047 FAX (949) 673-3056 ;Z//A� 61 Including cover page Cornments: 414xz� '9-/V /171� 3300 Newport Blvd., P.O. Box 1768, Newport Beach, CA 92658-8915 January 20, 2000 Mr. Ralph Rodheim. Rodheim. Marketing Group 125 East Baker Street, Suite 266 Costa Mesa, CA 92626 Re: Commercial Harbor Activities Permit For Balboa Boat Rentals Dear Ralph: Attached is a final copy of the Contmercial Harbor Activities Permit for Balboa Boat Rentals. Please review Exhibit A. As indicated, based on your letter of March 7, 19995, you are authorized to rent up to 29 boats from your 510 Edgewater site. In addition to that 29 you can also rent up to 20, one to two person kayaks. Please sign the permit and return it to me. I will return a signed copy to you. If you have questions or wish to discuss this further please give me a call at 644-3041. Sincerely, Tony Melum Deputy Chief Marine Environmental Division EXHIBIT INVENTORY Emerson - 14 ft. Motorboats: ECA 006040619* - CF 9844LB** ECA 006020679* - CF 9842LB** ECA 006030679* - C-7 9843LB** ECA 006060679* - CF 9846LB** ECA 006050679* - CF 9845LB** Ii. Galaxie - 16 ft. Motorboats: GAE 04839C585* - CF 0872JD** GAE 04846C585* - CF 0871JD** GAE 04836C585* - CF 2401JC** GAE 04833C585* - CF 0875JD** GAE 048300585* - CF 2406JC** GAE 04828C585* - CF 2407JC** GAE 05489D686* - CF 9734JE** GAE 05488D686* - CF 9734JE** GAE 05478D686* - CF 513OLD** GAE 05487D686* - CF 9735JE** III. Rhodes - 191 Sailboats: 8113* - CF.6174CE** 9362LA** 8774* - CF 4902CH** 9359* - CF 5991CS** 9366* - CF 5995CS** 9375* - CF 0814CM** IV. Victory - 211 Sailboats: 221* - CF 9362LA** 225* - CF 8718LA** 287* - CF 2108CS** 301* - CF 0092LB** 345* - CF 0093LB** 448* - CF 2616LB** V. Electra Craft - 151 Pontoon Boats: LDHP 0362FO90 LDHP 0363FO90 Exhibit "All -- Page 1 of lz/-�/ rub a �,� v Date: To: Company: FAX #: Frorn: # of Pages: ORT,& FACSIMILE TRANSMITTAL Newport Beach Fire and Marine Department Operations Division (949) 644-3047 FAX (949) 673-3056 Including cover page Comments: le- e�" (' � � e A /a, �' � 3300 Newport Blvd., P.O. Box 1768, Newport Beach, CA 92658-8915 Ii. EXHIBIT A INVENTORY Emerson - 14 ft. Motorboats: ECA 006040679* - CF 9844LB** ECA 006020679* - CF 9842LB** ECA 006030679* - CF 9843LB** ECA 006060679* - CF 9846LB** ECA 006050679* - CF 9845LB** Galaxie - 16 ft. Motorboats: GAE 04839C585* - CF 0872JD** GAE 04846C585* - CF 0871JD** GAE 04836C585* - CF 2401JC** GAE 04833C585* - CF 0875JD** GAE 048300585* - CF 2406JC** GAE 04828C585* - CF 2407JC** GAE 05489D686* - CF 9734JE** GAE 05488D686* - CF 9734JE** GAE 05478D686* - CF 513OLD** GAE 05487D686* - CF 9735JE** III. Rhodes 191 Sailboats: 8113* CF.6174CE** 8774* CF 4902CH** 9359* CF 5991CS** 9366* ClF,5995CS** 9375* CF 0814CM** IV. Victory - 211 Sailboats: 221* - CF 9362LA** 225* - CF 8718L.A** 287* - CF.210SCS** 301* - CF 0092LB** 345* - CF 0093LB** 448* - CF 2616LB** V. Electra Craft - 151 Pontoon Boats: LDHP 0362FO90 LDHP 0363FO90 Exhibit "All -- Page 1 of 3 Boston Whaler.- 141 Motorboat: Vi. 22760* - CF 1514LB** Vii. san - 8 ines: 3B2-1-11116*** S M8A-1-50546*** S MSA -1-50227*** VIII. Tohatsu =_3_B2 Engine: M8A-50591*** IX. Tohatsu - 9.9 HP Engin—e: S 355-8-81624*** X. Evinrude..- 8 HP Engines: one (1) with no known serial number. One (1) with n I o known serial number. B-1951358*** B-1954542*** B-1954525*** Xi. Yamaha - 8 HP Engines: 6Gl-L-325293*** 6Gl-L-329176*** 6Gl-L-329171*** 6GI-L-329172*** XII - ines: GHG-L-312817*** GHG-L-312815*** GHG-L-312814*** GHG-L-312813*** parts - spare for boats and motors Fire Extinguishers - I per boat and 1 in office cushions - throwable Exhibit "All -- page 2 of 3 Life Jackets (personal flotation devices) office Equipment Repair Float and Water Filter Key Spare - California Vehicle Identification Numloer., California Registration Number. Serial Number. Exhibit "All -- Page 3 of 3 ORANGECOUNTY SHERIFF�CORONER DEPARTMENT JANET du MONCEAU de BERGENDAL Deputy Sheriff # 1704 HARBOR PATROL DRTISION 1901 Bayside Drive MICHAEL S. CARONA Corona del Mar, CA 92625 SHERIFF -CORONER (949) 723-1002 Fax (949)673-6285 SHERIFF -CORONER OF ORANGE COUNTY COURT COPY CITY OF 6QA,:f a NOTICE TO APPEAR Misdemeanor Traffic Nontraffic OR _' 99/L4003 b SH1632305 OAT kPAM I OA10.P.—K M NAME IF I - A..FIEJJ _q7y 6y"Opy DRIVER*1,UCENSE UUMBER STATE :x SIM A RAO H IR �Y� WEIGHT I OTHER DESCRIPTION Rs- IICEI �NR I STATE 718 >(AT 0 VEHICLE r_1 AIRCRAFT MA ODEL BODY STYLE COLOR Sol AGY' C_�,p 10,412K4 C- Ld REG;ST+VD OWNER OR LES 0 SAME AS ABOVE COMMERCiA BA� I 5210b )L VEH 3NEL &MEAS AlSeO HA7ARDCUS MAT. N.C. 353) EVIDENCE OF FINANCIAL RESPONSIBILITY V.C. 16028b OWNER RESP. N.C. 40001 a) )LOR T M_ Eligible for Dismissal (V.C. 40610) See. Instructions on back, SOoKing Required Yes No C Violation Description 4. 0 Cl 0 D 13 0 RQAfAn Q,,l D LUS meel) 1.t1X5'1'X _9� � F0680-7.13 S H 6 2 3 0 5 1A '9�y7 I-s"00AII All A'.5"'C<"M i� 2, P.C. 853.9 (SEE REVERSE) C] Central Justice Center, 700 Civic Center Drive, Rm. L100, Santa Ana, 92701 HAUAH SEIRfAL LOCATICAA,VIOLATIO ON hw 6hV-4ES -rJaQ,47- 4& WEATHER SURF J;i��TRAFFI C] North Justice Center, 1275 North Berkeley Avenue, Fullerton 92832-1258 - FOG RAIN Y W 1 R5,.AffND MED -C HEAVY SPEED 6) OFFENSE(S) NOT I IN N.." PRF:qrl l I uv nile Court, 341 The City Drive South, Orange 92868 OTO BE NOTIFIED ATION AND BELIEF. r IOE -LARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. VACATION DATES so�� NAME OF ARREI&ING OFFICER IF DIFFERENT FROM 47 VACATION OATES /JOVE TO F0680-7.13 S H 6 2 3 0 5 1A '9�y7 I-s"00AII All A'.5"'C<"M i� 2, P.C. 853.9 (SEE REVERSE) C] Central Justice Center, 700 Civic Center Drive, Rm. L100, Santa Ana, 92701 7 South Justice Center Annex. 23141 Moulton Parkway, 2nd Floor, Laguna H 92 5 -1 11 Gi6377-2200689 C] South Orange County Judicial District, 30143 Crown Valley Parkway, Laguna NigU C] North Justice Center, 1275 North Berkeley Avenue, Fullerton 92832-1258 0 WKe Justice Center. 8141 13th Street, Westminster 92683-4593 1 "or Justice Center, 4601 jamboree Rd., Newport Beach 92660-2595 l I uv nile Court, 341 The City Drive South, Orange 92868 OTO BE NOTIFIED YOU MAY APPEAR ON OR BEFORE F0680-7.13 S H 6 2 3 0 5 1A '9�y7 I-s"00AII All A'.5"'C<"M i� 2, P.C. 853.9 (SEE REVERSE) 1. COPIL-S TO: t4 6pn M: %EL CARONA, SHERIFF -CORONER SHERIFF'S DEPARTMENT ORANGE COUNTY SANTAANA, CALIFORNIA 2. CASE NO. 9 1 L W,38 __—ZqIW iS H �o3a-�oS— REPORT CONTINUATION Al- HAZOXi (0,� 5�- )40L(/?S-, --EWEN7- 7cl Devic,5 6r--Lor46i^j&- -m 7),� owpi(og cow -An, S4asig-2c' W;4 -o klyto k,-Nzl�P A-4 I Ou 6cp-r ( CF36�9 8 k L) +j20t �i &L6D4 6,,;Ir &v7*tS :r_ hovis eo MA Td old 1�m I p4 .4-r6gL6,vi- 6wih— 4 m 7w"�l 60 LL e palsor,jA-L- FL&tmn,-.yV r-�ode- -L -50b/4—o7V fnAl*�� A7\io Hie 65ULZ /voi— Z) er 19c6i�� ADU4--13 ON60.4,W AS4DO lYan �Jccz LQ A&S-IS7- /hc- //V A Q-kLo-s 64D ov ZWK 6--W--r j Amo P-czAep LfFnlv�, zHc-;�-' du.';A4, .IS 7V We--yt� NO ioms �z 7)<- tjzv� Ir - IF 2-Yey P*jo &-e-w 6co-nAt 6- /A/ 77iis dqf:f_tj 4L�c,6ovq�- I 5h7o Zhg" 6-ovi-gp-eo— 7)-� Anor 47 - -it lc- - I t 44V h�yw -)-o kenAlr-,1 /r -1b �W� /31V 5:OL tjLWeN Weyze- //vvolza::) "ely 7)*F-,6� If 47vo 1 rit�m Qa4ueXg3�) -1-o 72 -ie 64Z& nq!� eAtyce Jz�� 6a*Z�^,c 4 QV —IYW4,o 009A 40 Ar 2�,5 467U,,4 -V6):2 TV 7Wf 6,2�.j M�4 TH6M 60LZLD IV07- 8 Acps /-o INVESTIGATING OFFICERS REPORT BY �f/-70y Lo J,'�L my Cayd4J COI(A k &K DATE OF REPORT Wiw, �JW5 5 APPROVW I a F0680-176.1 (01/99) 6/ \-/ / W 1,06(- *#- 1 44 76JU-212 r> 11- Sl" 11 244 -4 49 AN ..... P4eN7)AI6- 14 /9007- W17>10(e7- 14502-solym-- a^/ AEVi Co( ----s 002�2�; 1 touw Ivor venva lj�-pjg, 7 416V7 -E al,080 7-b n!977 A-0,424 C- a1VAA"6 IAI OIZV&� 1z&ne4,-) -/-r A4., -Al 6-7q A>;17— EQAwe)-4 /q_ 4--QIU 14AW B In ISD.,v 6- lo .1-12 g CA, _ El HT OTHER DESCRIPTION s EY Rn- H""D C LA 0 Booking Required Eligible for Dismissal (V.C. 40610) See Instructions on back. Ile M F UG29$ NO EXP;rA -�4 ICI T 0 AIRCRAFT X -AT VEHICLE —<5 STYLE wLi C-1 Ir k BOY fGTH I , -n REGI ER IIIH LESBEE �3 SAME AS ABOVE T;r6M I Lii2l:? COMMERCIAL VEH. (V.C. 152101 jl�WN LESSE Al U HAZARDO MAT. (V.C. 353� US N ER RES I RES RAR�� z, -SHERIF71I N ORA E NTY DEPU COPY K;, -Y,--.r &-v ?c LOCATION QF, VIOLATION(S) ON TRAFFIC -WEATHER FA cq M T ED CLEAR �0& W LIGH HEAVY Misdemeanor El T raffic El Nontra ic I 'BE C]'OFFENSEO)Narr-OMMffTEDINMYPRESENC ON N RMATION - ANb � THAT THE FOREGOING IS R NOTIC E'TO APPEAR I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STAT E OF CALIFORNIA TRUE AND CORRECT. 04 ,7GE VVACATIONDATES C DR # SH VE # VACATION DATES NAME OOARRESIVG 0-1(�hR IF DI I TO TIME M I PM DAY QE.WEEK .41 r 47, NAI (MIDDLE) cg�— < -7.2-7x �A Al A'a 21 a V? pill L UCk it South Orange County Judicial District, 30143 Crown Valley Parkway, Laguna Niguel 92677 -2089 L 1:_4 DRIVER' YMBI t ,\ ,�- .1-12 g CA, _ El HT OTHER DESCRIPTION s EY Rn- H""D C LA 0 Booking Required Eligible for Dismissal (V.C. 40610) See Instructions on back. Ile M F UG29$ NO EXP;rA -�4 ICI T 0 AIRCRAFT X -AT VEHICLE —<5 STYLE wLi C-1 Q OR BOY fGTH I , REGI ER IIIH LESBEE �3 SAME AS ABOVE T;r6M I Lii2l:? COMMERCIAL VEH. (V.C. 152101 jl�WN LESSE Al U HAZARDO MAT. (V.C. 353� US N ER RES I RES EVIDENCE OF FINANCIAL RESPONSIBILITY V.C. 16028b 0 (V.C.4001a) 0 Booking Required Eligible for Dismissal (V.C. 40610) See Instructions on back. Ile Yes No Code I tion 0 0 0 0 0 0 I rn Tr ­ Ai Pi ;I* SPD. PFIN�0 SPI: VEH-SPI RAR�� n- �A LOCATION QF, VIOLATION(S) ON TRAFFIC -WEATHER FA WIND DR SPEED M T ED CLEAR �0& W LIGH HEAVY I 'BE C]'OFFENSEO)Narr-OMMffTEDINMYPRESENC ON N RMATION - ANb � THAT THE FOREGOING IS R I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STAT E OF CALIFORNIA TRUE AND CORRECT. ,7GE VVACATIONDATES C VE # VACATION DATES NAME OOARRESIVG 0-1(�hR IF DI I TO Gull III TIJAPP RAY7THETIME PLA CHEC�KED BELOW. r 47, -7.2-7x C/) Central Justice Center, 700 Civic, Center Drive, Rim. 1-100, Santa Ana, 92701 11 South Justice Center AnI 23141 Moulton Parkway, 2nd Floor, Laguna Hills 92653 -1206 it South Orange County Judicial District, 30143 Crown Valley Parkway, Laguna Niguel 92677 -2089 0 North Justice Center, 1275 North Berkeley Avenue, Fullerton 92832 -1258 Cente 8141 13th Street, Westminster 92683 -4593 Justice r, XWe H rbor Justice Center, 4601 Jamboree Rd., Newport Beach 92660 -2595 a v., ile Court, 341 The City Drive South, Orange 92868 0 TO BE NOTIFIED . uven C) YOU MAY APPEAR ON OR BEFORE 5AY CCII III III III ill WRf (V.Vhide Code Infraction Only) NIGHT C�T " _ 1 I�Z AT,5�b,)M P 04!6 Fo- app ' by the Jucl C441I M --Iia Rev. 12-07-98 V -G- 40500(b), 40t)l� F068 AS (SEE REVERSE) q', St4ERIFF-COPONER OF ORANGE COUNTY COURT COPY BIR -DATE iik—ks.44=3i SEX CITY 10� WEI� q NOTICE TO APPEAR Misdemeano, T,affic El Nontraffic 3 4W SHQ'32at6 I ILI DATE CID -cn TIME C]AM P_ EXP. C,^IR NAM&,tF1Rj_n ,MIDDLE) tt�n&_ AIRCRAFT AT VEHICLE It ADDRESS C) 0 800 E COLOR CITY %. '— — - A R 11 L REGIST, E ESSEE ��;E�AJBCVE DRIVER'S LICENSE NLIMBEFI C z 0'�ilq4 STATEC_ _'k. BIR -DATE iik—ks.44=3i SEX WEI� OTHER DESCRIPTION M F LICENSE EXP. C,^IR AIRCRAFT AT VEHICLE YEAR ,'.",�MAKE/MCDEL 800 E COLOR SOf6NGT. R 11 L REGIST, E ESSEE ��;E�AJBCVE COM ERC;ALVEH. 13 k.41,11 N.C."1521013) DRESS 13 SAMEOC(l. HAZARDOUS MAT. cj��60Rf.SE��C� (V.C. 353) i1VICENCE OF FINANCIAL RETPONSIBILIT7 N C. 160250 OWNER RESP. (V.C. �0001W F 0 _J _Iilgible f r Dismissal (V.(-;. 40b1U) Z�ee instrucuorib un ­­ L Yes No Code Violation escription Cl C3 FcC I!P K'cv %C N%�) C3 Elm A 13 El El APPROX. SPO. 'V�IEH PFjMAX SP0_6UL RADAR RADAR SERIAL LOCATION OF ��TION(S) nKI r-iAr-nnei <-� WEATHE TRAFIIC"/�E- R L AV\ [No Y F Y "j'o. A" FOG RAIN I RS E L1..T MED DIR I ED SEIS) NOT COMMITTED IN MY PRESEr!��EC EDON INFORMATION AN`&4ZL'_U_-/ I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA:rHAT THE FOREGOING IS TRUE AND CORRECT. =IC a A k 06� NAMI5-QF­A1`iRESTING tFFICER IF DIFFERENT FROM ABOVE VACATION DATES A I To ISIGNATURE X f C/.) 71 Central Justice Center, 700 Civic Center Drive, Rm. Ll 00, Santa Ana, 92701 South Justice Center Annex, 23141 Moulton Parkway, 2nd Floor, Laguna Hills 92653-1206 C-] South Orange County Judicial District, 30143 Crown Valley Parkway, Laguna Niguel 92677-2089 C] North Justice Center, 1275 North Berkeley Avenue, Fullerton 92832-1258 0 We Justice Center, 8141 13th Street, Westminster 92683-4593 Harbor Justice Center, 4601 Jamboree Rd., Newport Beach 92660-2595 J venile Court, 341 The City Drive South, Orange 92868 0 TO BE NOTIFIED YOUMAY APPEAR ON OR BEFORE DAY COURT 1 A AT IROOAM '�IGHT COURT (Vehicle Code Infractions Obly) 19 Fo� aporoved by the Judicial Council of Califomia ReV. 12-07-98 V.C. 40500Ib), 40513(b), 40522. P.C. 853.9. F0680-7-13 I 1I IN I 11111 �I 111111111111111111111111111111 S H 6 2 2 2 7 6 (SEE REVERSE �-OPIES TO: NERTORTP.D. 12. CASE NO. 99-28434 SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CALIFORNIA MICHAELS. CARONA, SHERIFF -CORONER REPORT CONTINUATION ON SUN., 6-20-99 DEPUTY C. CONTRERAS42015 AND I WERE ON PATROL INSIDE NEWPORT HARBOR IN UNIT 54 FIREBOAT 92. ABOUT 1545 HOURS WE SAW A SMALL RENTAL OiB CLOSE TO THE WEST JETTY INSIDE THE HARBOR. A FEMALE WAS IN THE WATER AND APPEARED TO BE HAVING TROUBLE GETTING BACK INSIDE THE BOAT. WE WENT OVER AND ASKED IF THEY NEEDED HELP. THE FEMALE WAS BACK INSIDE THE BOAT. THEY SAID THEY DID NOT NEED HELP. THERE WAS A SMALL CHILD ON BOARD ABOUT 3- 4 YEARS OLD WITHOUT A PERSONAL FLOTATION ON. PER H& N CODE 658.3 ANY CHILD UNDER 7 YEARS ON A BOAT LESS THAN 26'MUST WEAR A PERSONAL FLOATION DEVICE WHILE UNDERWAY. A BOAT IS UNDERWAY ANY TIME IT IS UPON THE WATERS AND NOT TEED DOWN TO A FIXED OBJECT. AS STATED IN TITLE 14 OF CCR'S 6565.8 EACH P.F.D. MUST BE OF APPROPRIATE SIZE AND FIT FOR THE INTENDED WEARER. THE FEMALE ON BOARD WAS IDENTIFIED AS, BRANSOM,LESLEY L. 10-16-73,2430 ASSOCIATED ROAD #9,FULLERTON 97835,(714) 773-5301. BRANSOM TOLD US THE CHILD JUST TOOK IT OFF BUT THEY WILL PUT IT BACK ON HIM. I RECOGNIZED THE RENTAL BOAT AS BELONGING TO "BALBOA BOAT RENTALS" 5 10 E. EDGEWATER, NEWPORT BEACH. (949)673-7200. I ASKED IF THERE WERE ENOUGH P.F.D'S ON BOARD FOR EVERYONE ELSE. BRANSOM SAID WHEN THEY RENTED THE BOAT, AN EMPLOYEE POINTED TO A FORWARD STORAGE AND SAID," THE LIFE JACKETS ARE IN THERE". BRANSOM CHECKED TO MAKE SURE THERE WERE ENTOUGH FOR, FOUR ADULTS AND ONE CHILD. SHE FOUND ONLY TWO STORED ON THE BOAT. SHE TOLD THE EMPLOYEE THERE WERE FOUR ADULTS AND ONE CHILD AND SHE NEEDED MORE P.F.D.'S. THE EMPLOYEE HANDED THEM ADDITIONAL P.F.D.'S AND LEFT. THERE WAS WAS NOT ONE SIZED FOR THE FOUR YEAR OLD. HER HUSBAND RENTED A PWC FROM ANOTHER RENTAL AGENCY NEXT DOOR. THERE, BRANSOM ASKED FOR AND RECEIVED A P.F.D. THAT WAS THE APPROPRIATE SIZE FOR THE CHILD. SHE EXPRESSED ANNOYANCE THAT THE "BALBOA BOAT RENTAL" DID NOT PROVIDE THE PROPER SAFETY EQUIPMENT. ON FRIDAY 6-18-99 DEPUTY J. DU MONCEAU DE BERGENDAL # 1704 STOPPED AN ELECTRIC BOAT FOR OPERATING WITHOUT ANY NAVIGATION LIGHTS AT NIGHT. THE BOAT WAS A RENTAL FROM "BALBOA BOAT RENTAL" THE PEOPLE ON BOARD SAID THEY TURNED THE SWITCH ON BUT THE LIGHTS WOULD NOT WORK. I ASKED SOMEONE ON BOARD TO TAKE THE LENS OFF THE STERN LIGHT SO I COULD CHECK THE LIGHT BULB. THERE WAS NO BULB INSIDE THE CONNECTION. I SENT THEM BACK TO THE RENTAL AGENCY TO TRADE IN BOATS FOR ONE THAT WORKED PROPERLY. ON SATURDAY 6-19-99 DEPUTY DU MONCEAU DE BERGENDAL AND I CONTACTED THE MANAGER OF "BALBOA BOAT RENTAL", MARGARET(MAGGIE) SHORT. I ENPLAINED THE SITUATION WITH THE RENTAL BOAT WITHOUT LIGHTS FROM FRIDAY NIGHT. SHE SAID SHE IS THE NEW MANAGER AND IS WORKING HARD TO GET THE BOATS IN WORKING ORDER. I TOLD HER,OUR OFFICE'S EXPECTATION AND ENFORCEMENT POLICY ON ALL BOATS, RENTAL OR NOT, BEING PROPERLY EQUIPPED WITH ALL REQUIRED SAFETY EQUIPMENT. IT IS HER RESPONSIBILITY AS TBE,MANAGER TO MAKE SURE ALL RENTED BOATS ARE IN GOOD WORKING ORDER AND WITH ALL SAFETY EQUIPMENT. I PUT STRONG EMPHASIS ON THE NEED TO HAVE PROPER SIZE P.F.D.'S FOR CHILDREN. I SUGGESTED THAT SHE INCLUDE A CLAUSE IN THE CONTRACTS THAT IT IS UNDERSTOOD CHILDREN UNDER 7 YEARS MUST ALWAYS ATEAR THEIR P.F.D.'S. I ADDED THIS WAS AFRIENDLY ENCOUNTER BUTrjF THE 104��NG OFMCERb . k REPORT BY DATE OF REPORT W LI-11- z7vA %J re- # I cl %I I ro-7-k-cial m�� Lh�) I COPIES TO: NE"ORTP.D. 2. CASE NO. 99-28434 SHERIFF'S DEPARTMENT ORANGE COUNTY SANTA ANA, CAUFORNIA MICHAELS. CARONA, SHERIFF -CORONER REPORT CONTINUATION VIOLATIONS CONTINUE, OUR OFFICE M[IGHT HAVE TO ISSUE CITATIONS FOR ANY VIOLATIONS DISCOVERED. SUNDAY 6-20-99 AT 1635 HOURS I GAVE SHORT A CITATION FOR H&N 674- LIVERY BOAT EQUIPMENT REQUIREMENT AND CCR TITLE 14-6565.5(A) NOT ENOUGH PROPER P.F.D.'S ON BOARD. DEPUTY C. CONTRERAS SPOKE WITH THE ROBERT WILLIAMS 11-17-70 OF "NEWPORT BEACH JETSKI RENTAI:'503 EDGEWATER, N.B. (949)675-6800. HE CONFIRMED BRANSOM'S STORY ABOUT BORROWING A CHILD SIZE RED FROM HIM.. Orange County Sheriff's Department Harbor Patrol Division 1901 Bayside Drive Corona Del Mar, CA 92625 (949) 723-1002 August 26, 1999 Tony Melum City of Newport Beach Marine Department P.O. Box 1768 Newport Beach, CA 92658 Dear Tony, Per our telephone conversation on August 26, 1999, 1 have enclosed copies of three citations issued to Balboa Boat Rentals. Thank you for your assistance regarding this matter. I have also enclosed my business card, if you have any questions you can contact me at (949) 723-1002. Sincerely 4� Deputy Janet du Monceau de Bergendal NEWPORT BEACH FIRE AND MARINE DEPARTMENT May 26,1999 Ralph Rodheim 125 E. Baker, Suite 266 Costa Me -,a, Ca 92626 Re: Complaint, violation of Harbor Permit Dear Ralph: This office has received a complaint from a resident near your boat rental facility. The complaint is that you have installed two large signs where you berth you electric boats and personal watercraft bayward from the Newport Landing Restaurant, and these sign are too big. A field inspection did verify that the signs exceed the size specified in Section 26.13. "No sign permitted beyond the bulkhead lines shall exceed 4 square feet in total area." Please remove these signs and replace them with signs that adhere to the above stated policies. Also, the fire extinguishers and hose cabinets on your docks still require repairs and certification. Your property owner has been sent a notice in regards to this matter. Sincerely, //� Ak��� Wes Armand Harbor Inspector Cc: Tony Melum FRCIM PHDNE ND. : 71455751D3 De:c. 17 1399 35:34PM P1 WJJH-CJAL HARBOR AgMTJTJ PERMIT P0610 The, Marine Environmented Division of the Fire and Marine L>epartment fthtCityof 1 Newport $each hcrebY issues a Commercial Harbor Activities Permit to Balboa 9()a t RIentRIS. This Permit Is is$ued arid Authorizes ordy those activities specified in paragrapb A and IS SUbject tO Strict COMPliance with the terim and condiflom specified in Wagxaph B. k4l A. Balbcm B"t Rentigs is authorized to conduct a boat rental business anij shall (�njy use tbo&,-. vessels spftffied in exlubit, A Or stlt*titute ve6sels approved by thL, Marirle Environnuntal Division, su*ct to submagraph 3-11, a --- The commerdal harbor activities autHorized by this we subject to strict compliancewith the iollowing conditions: All vesseI5 operated bv Balboa Boat Renwr, sh Balboa, Ca 92661. all be berthed at 510 Edgewate-, 2. Lcading and tl'Aloading Of all Pa&M-gem shall occur at 510 Fdgewater, Ca. -3, Any ftmiftmt change in perrnitted operatiow SIIAII require approval of aj-, amendment to this Permit pursuant to Chapter 17-41 of the Newport Reach Municipal Code. 4� AL' Ve"e's OPerat8d by IWbOA 308t Rentals "I be equipped as required by thc US Cout G7uard Reg�lations. 5. AU tmsh and litter g=waW by activitiU authorized by this perniftshall be, disp(wd of in appropriate receptacles which shall be emptted as often as necemrY to maintain a neat and orderly appearance. 6� All human waste collected on board my vessel operated by Balboa Boat Rentals shall be d'wharged solely in the CitY-'5 sewef via 6 vwrel pump out station. 7. Mbft Roat Rentals shall not izcrease the number ofv"sels or substitute vL,'s',;(jR for those 4W On Exhibit A %ithout the Friar wrimn consent of the Marine Environmental Division which dun not be unreasonably withheld, FPDM : PHDNE ND. : 7145575133 Dec. 17 1339 05:05PM P2 8- DaYs Of Operatiom 7 4" a week, Hours Of OPffations: Winter I I = a',,A to 5,00 prn Sun=er 9--00 am to 9;00 PM 9. Balboa Boat Rentals shail cornply with an of the provisiom oj the.Newport Municipal Code, and the Harbor policies ad0pted by the Newport Beach City �.Jcb GZ;'VI 0-4 1 CVUMy, The City Courlcil reserves tbo absolute right to amend the vrovisioms of the M=dcipal Code or Harbor FoUcies rejeva_nt to comm.ercial har�or activitiv,,R, 10. Wboa Boat RenWa $bell deftnd, fndennify, and hold harrnless the City �jf -Newport Bftch, the CuuntY Of Orange, the Ora"S�e County Harbor Di5trict and their respective officers, ernployogs, aWtS arLd repre$EntgtiVeS, With respect tp ARY claixn Or lawsuit alleginS my loss, danut8e, injury or entitlement that j. in S anY waY related to the issuance of this FeMtt Or the c0r=ercialharbor activities authorized by this Permit, The City Courxil reserves the right to yetain legal counsel to defend its intemts JA the ever* of any litigation which Balboa J�k).l t Rentals is obligated to Wend pursuant to this Permit. In the event the City Council retains specW coursel. to de-Amd its intermt, Balboa Boat Rentals shall reiniburse the City Of Newp(&t Beach for all reaacnable expemeg and cost-, incurred by it in defending the RfigatjoKl, as well as paying and/or complying wit 4ny , Judgment reaultLng from the litigotIon, 11 - CitY COUrwil approval is required to tr&rafer some or all of the commercial harbor axtivities authorized bY this Permit to a location other than 510 Edgewater, Balboa, Ca. The Qty Courttil reserve5 the right, in its sole discretion, to require Balboa Boat RcnWs to compiy with au prorvislom of the NewpL)rt Beach Municipal Code withregped to those coawwrcial harbor activitie.-, transferred to a diftemt locaticn, including without lbxuta-tion, the provision -i of parking and other land-r-ide support faciUties. The City Counc;U also rewrve.s tlu� discretion to waive so= or all of tho required parking or Iand-side support facilities upon a deterrAfration that the trander will not adversely impact the heaath, safety or general welfare of thme working Qr living in the area to which comxnercial harbor activities would be transferred. 12. The Pire. and Marine 0def, or City Cx=il an appeal or review, shall have the Power to impose reasonable new cqrWitions, ox modify existing conditions, upon a detemiination, supported by subst=tiaj evideme, that the operations of Balboa Boat Rentals are adversely imraeftg the health, 5afet�, or general$ welfare of +ow who use, enjoy or own prop" n= the waters of NewpQrt Day and wi I I continue to do so in the absence of the new or modiiied conditiom. FR -3M : PHO,'�E ND. : 7145575133 Dec. 17 19133 F -15,3' -PM P3 UATED- BY: Balboa Boat Rentals Tony Melum, Deputy Chief Fire and Marine Deparftnen&, NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH FIRE AND MARINE DEPARTMENT Citation No. MARINE ENVIRONMENTAL MANAGEMENT CODEEMRCEMENT 3NO Newport Blvd. Newport Bead4 Ca� 9-%0 (%9) "4,W Citation Date An inspectionof the premiseSlocatedat in the City of Newport Beach, mTealed a vioMon(s) of the Newport Beach Municival Code. Name of owner or business: Address If different dm viokfim- 577 7— )?jf_�4� eA 172-a6 [q-lff. CITATION $100.00 IS PAYABLE V MWn0NJ6jlSN-QT-00WLEHDAy 7— THE NM JZM arAlION IS NOW PENDING AND YOU MAY BE CIT ED EACH DAY THE VIOLATION WaM REyOND TBE CoRRECnON COMPUMON DATE. OTBER ENFORCEMENT ACnON AND PENALTIES MAY AVO RESULT IF COMPLIANCE ISNOT AallEVED BY THE CORRECnON DATE.. 2ND. CUAll0NtN-K---JS NOW DUE AND PAYABLE 3RD. CITATION- $90.00 ---JS NOW DUEAND PAYABLE MES VIOLAUON(S) WAS ORUNALLYBROUGHT-10 YOURATMITION ON - I , AND YOU HAvE Nor coRRBcrm oR pmmvED THE vmmm(s) As oF im arAnWDATE ABOVE Q! Vl Z11:4 V 3f.T*: 17, 01 � ,, XW I I a I �l ip�pp� - F2 1! o m RECETT ACKNOWLMGED BY DATE SIGNATURE qFjOmm �" PRINT NAME OF OFFICER ID# Azl�1110�� 5— /51 nOLATION(S)-CLFARED AS OF - _PATE INSPECTED). WIRTE(Violation Copy) CANARY (Hearing Copy) PINK (Officer Copy) June 4, 1998 BAL130A �1, MARINA DEL REY Tony Melum OCEANSIDE, Marine Safety Director City of Newport Beach P.O. Box 1768 Newport Beach CA, 92658 CORPORATE OFFICES 125 E. Baker 0 Ste. 266 Dear Tony: Costa Mesa, CA 92626 714-557-5100 Thank you, for meeting to discuss the Balboa Boat Rentals "Use Permit". Fax 714-557-5109 -After discussing our operation with my partners, we would like to request a modification to the existing permit for our boat rental operation at 5 10 E. BALBOA BOAT RENTALS Edgewater I Balboa,, CA- In addition to the 29 boats currently allowed, we 510 E. Edgewater request an increase of man -powered watercraft. Balboa, CA 92661 714-673-7200 Kayak rentals are a natural extension of our rental business. "For the last three Fax 714-673-1320 years, we have been renting a fevvr kayaks. For the most part, the users are people who are local to Balboa. The demand for these environmentally safe MARINA BOAT RENTALS watercraft has increased. 13719 Fiji Way Marina del Rey, CA 90292 The Balboa Boat Rentals goal has been and continues to be, to offer the best 310-574-2822 possible recreational boating opportunities for the public. By approving this Fax 310-574-2821 request you will be assisting us in improving Balboa by offering a needed service. BOAT RENTALS OF AMERICA Kayaks: OCEANSIDE HARBOR I. Offer healthy family recreation. 256 Harbor Drive South Oceanside, CA 92054 2. They are inexpensive to rent, affording everyone the opportunity to see 760-722-0028 the bay. Fax 760-722-0474 3. They are small safe craft that are stored in racks on a dry dock. 4. Kayaks afford families, already visiting the area, a fun recreational water activity. 5. Kayak users do not require additional parking since users are local or already enjoying the Fun Zone. 6. Most renters paddle for a relatively short time then spend the day either shopping or dining or enjoying the beach in Balboa. Thank you in advance for seriously considering this request. Ralph Ro President BALBOA,1, MARINA DEL RE Y Tony Melurn OCEANSIDE' Marine Safety Director City of Newport Beach P.O. Box 1768 Newport Beach CA, 92658 June 4, 1998 CORPORATE OFFICE'S Kayaks: 125 E. Baker * Ste. 266 Dear Tony: Costa Mesa, CA 92626 714-557-5100 Thank you, for meeting to discuss the Balboa Boat Rentals "Use Permit". Fax 714-557-5109 After discussing our operation with my partners, we would like to request a Oceanside, CA 92054 700-T22-0028 modification to the existing permit for our boat rental operation at 5 10 E. BALROA BOAT RENTALS Edg Balboa, CA. In addition to the 29 boats currently allowed, we 510 1- Edgewater ,ewater, request an increase of man -powered watercraft - Balboa, CA 92661 4. 714-67.3-7200 Kayak rentals are a natural extension of our rental business. For the last three Fax 714-673-1320 years, we have been'renting a few kayaks. For the most part, the users are people who are local to Balboa. The demand for these environmentally safe MARINA BOAT REWALS wat6rcraft has increased. 13719 Fiji Way Maxima del Rey -CA 90292 The Balboa Boat Rentals goal has been and continues to be, to offerAhe best 310-574-2822 possible recreational boating opportunities for the public. By approving this Fax 310-574-2821 request you will be assisting us in improving Balboa by offering a needed service. BOAT RENTALS OF AMERICA Kayaks: OCEANSIDE IIARBOR 1. Offer healthy family recreation. 256 Harbor Drive South 2. They are inexpensive to rent, affording everyone the opportunity to see Oceanside, CA 92054 700-T22-0028 the bay. Fax 700-722-0474 3. They are small safe craft that are stored in racks on a dry dock. 4. Kayaks afford families, already visiting the area, a fim recreational water activity. 5. Kayak users do not require additional parking since users are local or already enjoying the Fun Zone. 6. Most renters paddle for a relatively short time then spend the day either shopping or dining or enjoying the beach in Balboa. Thank you in advance for seriously considering this request. Ralph Rodheim President NEWPORT BEACH FIRE AND MARINE DEPARTMENT April 20,1998 Mike Harrah Edgewater Place Inc 309 Palm St. Newport Beac h, Ca. 92661 Dear Mr. Harrah: 112- -5�'l � The City of Newport Fire and Marine Department inspects all commercial marinas and facilities that have multiple boat slips to ensure compliance to the Uniform Fire Code. Recent field inspections have revealed several violations with the piers and docks, bayward from your facility at 309 Edgewater. Specifically, all fire hoses must be serviced, tested, certified, and the cabinets repaired where needed. There must be correct signage in place indicating fire connection and dock system. The signs must be visible. It is important to get the fire cabinets functional as soon as possible. On your floating maintenance dock, there is a gas storage bin that does not conform to the fire code. Fuel storage is allowed in approved "'flammable liquid storage bins". These are metal bins with the proper venting that conform to regulations. If you require additional information in regards to work required to comply with the fire code, please contact Mike Macey, City of Newport Beach Deputy Fire Marshall, 644-3108. Please complete the above corrections within 30 days from the date on this letter. There is another floating 15X 18 section of dock that has been installed without first securing a permit from the City of Newport Beach. This is a violation of the City's Harbor Permit Policies. Within 10 working days from the date on this letter please remove this section of dock or apply for a Revision Permit from the Environmental Management Division. Call 644-3043. Wes Armand Environmental Management m Ralph Rodheim BOAT UNTAL8 of AIIII(A' 125 E. Baker, #266 COsta Mesa, -CA 92626 BALBOAL MMA DEL REY 714-557-5100 Fax 714-557-5109 0 1 �"g g& A's NEWPORT BEACH FIRE AND MARINE DEPARTMENT April 3, 1998 Ralph Rodheim. Balboa Boat Rentals 510 Edgewater Ave Balboa, Ca 92661 Dear Ralph: Tony asked that I look into the file for Balboa Boat Rentals to ascertain if there was a limit on the number of vessels allowed under the Commercial Permit. Attached is a March 1995 letter from Tony addressing this point. Please call me if you require additional information, in regards to this matter. Sincerelv, /// I I � 1�f Wes Armand Fire and Marine Dept. P0 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 lzo g April 12, 1995 Mr. Ralph Rodheini Balboa Boat Rentals 510 Edgewater Avenue Balboa, CA 92661 RE: Commercial Harbor Activities Permit Balboa Boat Rentals Dear Mr. Rodheim: We are in receipt of your application for commercial harbor permit for Balboa Boat Rentals. In recent conversations with you, it is my understanding that you are removing the request to operate the "Harbor Limo" from that site and the essence of your request is to get a harbor permit for the boat rentals as it has historically operated. Documentation submitted by you indicates that in the past there have been a maximum of 29 rental boats operated from the site and an inventory of those boats has been provided. It is our intention in the near future to issue the permit based on 29 vessels in your rental fleet as provided by Section 17.41.120 of the Newport Beach Municipal Code which states: "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 perinittee shall not increase, or expand ef,k� dife of this Chapter unless on'the activities beyond those which are conducted' an amendment to the permit has been approved'by the Marine Director or City Council -::�6111 appeal. 11 "' As mentioned above, if the nature or size of your operation should expand it will be necessary for you to amend your permit. If you have any questions in this regard, please contact me at 644-3044. Sm*c ely, Tony ehuim, Acting Marine Director Tony\BBRentals.Per 3300 Newport Boulevard, Newport Beach July 25, 1996 Mr. Alex c/o Gina's Dear Alex: This letter is in regards our conversation regarding the sign on the restroom door at your facility indicating the smell in and around your restaurant was a result of the City of Newport Beach dumping raw sewage into the bay. As we discussed by -telephone, the problems regarding odors you are experiencing at the Fun Zone is a result of sulfate reducing bacteria. I have discussed this situation with Monica Mazur with the Orange County Health Department and she indicates that in the situation where there is sulfate reducing bacteria the problems are obvious hydrogen sulfide odor, blacking of the waters and black sulfide corrosion on products. Monica indicated to me that the Health Department had received several inquiries between 1985 and 1989 regarding the sulfur odor in the Fun Zone. She did sampling at that time, between the dates of September 20 through 23, which related it was not related to sewage, but that most likely it was caused by the sulfate reducing bacteria. Once the problem occurs and symptoms appear it is very difficult to remedy the situation. I hope this gives you sufficient factual background to feel comfortable with removing sign and in fact the City of Newport Beach is not dumping raw sewage in the bay. Thank you in advance for your cooperation. Sincerely, Tony Mecurn Deputy Chief Marine Environmental Division o am gimm d doo mmw ri oqla la Af sav 9,cs' Yn (a ra hai vn Jx� hyot Orr OP rr-t�� n 64- cy- ca, tit 41 -It WON Lei r ii-, 0 AL 41C i If t ............ -7. R cutsIde of storm flow. Also a screen is recommended on top of boom to collect debris that could flow over the boom.-'', Debris would need to be picked up freguently during storms since too much would build up with high flow runoff.,. County Flood Control sthff will be invited to next meeting to offer comments and recommendations for boom location. 5.- Special testing Fun Zone. Monica Mazur, County Health Department received inquiries in 1985 and 1989 regarding the sulfur odor in the Fun Zone. Samplings at those times and for September 20-23, 1993 (Fun Zone) indicated it does not appear to be related to sewage. odor may be caused by sulfate reducing bacteria (SRB). Symptoms of SRB: hydrogen sulfide odor, blackening of waters and black sulfide (corrosion products). By the time symptoms appear, it is difficult to deal with the problem. 6. Hazardous Waste Disposal Facilities. Monica Mazur reported that are three facilities in orange County. Anaheim, Huntington Beach and San Juan Capistrano. Monday - Saturday, 9:00 AM to 2:00 PM. May close early if they collect their daily limit early. Accepts only household wa-ste. Paid by landfill fees. Handouts available. NEXT MEETING: Thursday, November 18, 1993, at 3:30 PM, Fire Department Conference Room. Minutes submitted by Wes Armand Fil-] M M-1 Testing for the Presence of Sulfate -Reducing Bacteria R. E. Tatnall, K. M. Stanton, and R. C. Ebersole E. 1. du Pont tie Nernos­- & Co. hic., Central Research and Davlopment 0,Wrtment, F-r1wrimental Station, IVilmingtolf, DE 19898 Experience with testing cooling water and oil- field produced water has shown the common methods of testing for sulfa te-reducing bacteria (SRB) can produce misleading results. Various methods of testing for and enumerating SRB are discussed, and the advantages and limitations of each are reviewed. These methods include broth bottles, agar deeps, melt agar tubes, adenosine tri - phosphate (ATP) assay, a specific (cell surface) anti- body method, and a developmental specific anti- body technique that tests for an enzyme unique to SRB. These results show no method is perfect, and the limitations of a particular method must be con- sidered in order to obtain meaningful results. Introduction Sulfa te-reducino, bacteria (SRB) are among the most destructive environmental organisms, and 0 their industrial impact is widespread. They cause corrosion and stress corrosion crackina of metals 0 and alloys used in petroleum production and 6�9 refining, cooling water systems, waste treat- ment systems,'o pulp and paper production," and, in shoit, all aqueous processes. 12 It was recognized as eariv as 1910 that SRB are responsible for soil - side pi�tting cGrrosion of buried pipelines. 13-17 SRB produce hydrogen sulfide, which is more I�thal than hvdrog�n cyanide. The sulfide is some- times used bv other organisms to manufacture sul- furic acid," �vhich, in turn, is rapidly destroying - concrete municipal sewage systerns.Urik tion,of recent,case irf"poir% k� be�coming-,t,s��rigu�-'-p-r-o'blem a "b 'Y"' , t � - , I ­­ - nd is ot a symp 0111 0 oxyge ep etion S a problern in itself because of the toxic hydrogen sul- fide being generated. The combined effect MP/August 1988 suppresses marine life in the affected area. The,symptoms of these SRB-related problems are'6bvious: hydrogen'sulfide- odor, blackening of waters, and black sulfide -corrosion products. By th time these symptoms appear, however, it may be difficult todeal with the problem. Effective treat- ment is much easier if the infestation is detected at an early stage. Until recently, microbiological assaying for SRB was limited to culturing the sample in a laboratory until the numbers of SRB were sufficiently high to be detected by crude methods, such as observation of general blackening of the sample. However, such methods have serious limitations, 21,227 resulting partly from the fact that SRB, so pervasive in the environment, are not represented by a single strain or even a single genus but include a diverse collec- tion of different organism types. The types of SRB known to date have differing requirements in re- gard to both nutrients and temperature. 11.1-26 F6r this reason, attempts to test for SRB based on growth on one particular medium or at one temFer- , 27 ature will always be selective for certain strains.-" Newer methods propose to speed up this cul- turing process or to bypass culty�n monitor the organisms directly. altogether and However, physiological differences tend to make the direct m�thocls strain -specific as well. Testing Methods This study examines six testing methods. Three of these—broth bottles, agar deeps, and rnelt agar tubes—are culturing methods. The others—ATP assav, epifluorescence/cell surface antibody, and APS redLictase antibody, involve. direct dtAection of CITY OF NEWPORT BEACH �"K -4. REVENUE DIVISION 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 TIDELANDS - COMMERCIAL PIER PERMIT STMT CARLSON CO COML PIER NBR: CP11205111 3 CORPORATE PLZ RUN DATE: 06/12/9S NEWPORT BEACH, CA 92660 LOCATION OF PIER: Sil EDGEUATER 12,000.00 FT X �27 - B44,L-Eb 02/07/95 PAST DUE PENALTY INVOICE 1995-02 BALANCE DUE TOTAL AMOUNT DUE: C J� \kr - JU14 16 Vr-j Y\v Y. -C� C $3,240.00 11620.00 $4,860.00 P-rffiL--V� DIRECT ALL BILLINO INQUIRIES TO THE FINANCE DEPT AT (7-14)644--3121--AND-ALL OTHER INQUIREIES TO THE MARINE DEPT AT (714) 644-3044. PENALITIES WILL BE ,ASSESSED AT 25% OF FEE FOR EACH MONTH DELINQUENT, UP TO AND INCLUDING 100%, IN ACCORDANCE UTT 11H NEWPORT BEACH MUNICIPAL RESOLUTION #8753. Please detach and return the lower portion of this invoice with your payment 4--- ....................... COML PIER PERMIT DUE DATE : 07/01/9S CARLSON CO COML PIER NBRt CP112OSiti 3 CORPORATE PLZ NEWPORT BEACH, CA 92660 TOTAL AMOUNT DUE: $4,860.00 MS CP11205111 486000 -A - T 00 CY) LO cli E-1 0 14 z F -I m 0 U) ll� F -i E -i oo u > % to H 0 t- W p P-1 44 W W X E-1 0 0 m o P-, E-1 > 0 0 �9: H W cy) C) P� 2 4 C, CL �o CD cq 0) -E Ij c) 2 cts N CO cd C) C) I il Z co 0 co 00 Cl) u z w June 20; 1995 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Michael F. Harrah Mariners's Mile Professional Building 3101 W. Coast Highway Newport Beach, Ca. 92663 Re: Commercial pier Permit 0112-0511-1 Dear Michael: The Marine Department has received notification from John Vallely that the long term management of this property is now your responsibility. The permit currently is in the name of Carlson Co. Please submit to this department the enclosed application card along with the $300.00 transfer fee. The pier will be inspected upon receipt of the fee, signed application card, and if it meets current minimum standards the permit will be transferred. Please call 644-3044 if I can be of any assistance in this matter. Sincerely, we'L Harbor Inspector 3300 Newport Boulevard, Newport Beach PO CITY OF NEWPORT BEACH -Z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 April 12, 1995 Mr. Ralph Rodheirn Balboa Boat Rentals 510 Edgewater Avenue Balboa, CA 92661 RE: Commercial Harbor Activities Permit Balboa Boat Rentals Dear Mr. Rodheim: We are in receipt of your application for commercial harbor permit for Balboa Boat Rentals. In recent conversations with you, it is my understanding that you are removing the request to operate the "Harbor Limo" from that site and the essence of your request is to get a harbor permit for the boat rentals as it has historically operated. Documentation submitted by you indicates that in the past there have been a maximum of 29 rental boats operated from the site and an inventory of those boats has been provided. It is our intention in the near future to issue the permit based on 29 vessels in your rental fleet as provided by Section 17.41.120 of the Newport Beach Municipal Code which states: "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 approvedby the Marine Director or City Council on appeal. " As mentioned above, if the nature or size of your operation should expand it will be necessary for you to amend your permit. If you have any questions in this regard, please contact me at 644-3044. S, ly, Tony um, cting Marine Director Tony\BBRentals.Per 3300 Newport Boulevard, Newport Beach PO 4C 0 7 > CITY OF NEWPORT BEACH r) z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 March 27, 1995 Ralph Rodheim. Balboa Boat Rentals 510 Edgewater Ave. Balboa, Ca. 92661 Dear Ralph: Thank you for submitting the requested docLunentation establishing the nunber of vessels that historically have been part of the Balboa Boat Rentals operations. Based �n this information the marine Department will "grandfather" 29 vessels into the boat rental fleet on your Connercial Harbor Permit Application. The "Harbor Limoll and expanding the use of this vessel to do harbor excursion, changes the nature of commercial activity at that site from boat rental to boat rental/harbor cruises and this proposed change can not be "grandfathered". To include this, change into the commercial activity at your site would require you to provide off-street parking spaces during the hours of operation of the tour vessel and approval f rom the Planning Department. The Contnercial Harbor Permit Application currently in our possession can not be approved until,this department has evidence of 8 off-street parking spaces and the Planning Department has reviewed the application. Please call Tony Melum if you need to discuss this matter further. -7i /,' 7 Sincerel es AiTnand Harbor Inspector 3300 Newport Boulevard, Newport Beach A BALBOA BOAT RENTO March 7, 1995 Mr. Tony Mi�lum Acting Marine Director City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Dear Tony: I'm pleased to report that we have located documentation regarding Balboa Boat Rentals that should comply with section 17.41.120 of the municipal code, (see attached). AMS Blue Waves, Inc. purchased Balboa Boat Rentals from the Buehners. At the time of purchase there were 29 boats in the rental fleet that were registered. Additionally, we do know that throughout the years there have been paddle boards, peddle boats, and kayaks rented from Balboa Boat Rentals. As present owners of Balboa Boat Rentals we respectively request that the attached Commercial Harbor Permit Application be approved. Of note; In addition to the boat rental operation whi.ch is grandfathered per section 17.41.120, we are requesting permission to operate the "Harbour Limoll. The "Harbour Limoll will be used as a water taxi during the evening hours supporting water front restaurants. No city subsidies are being requested at this time. As we found out last summer the taxi business alone is not sufficient to carry the expenses of the taxi, therefore we .are planning to use the Harbour Limo from the hours of 10 am to approximately 5 pm. as an up scale harbor excursion boat. The Harbour Limo is currently being Coast Guard Certified, and will not go into operation prior to proper certification. We are anticipating that the boat will be certified for somewhere between 20 and 25 passengers. With the addition of the "Harbour Limo" at Balboa Boat Rentals we will never exceed the approved 29 boat limit. The only change would be to use the boat as a tour boat and taxi instead of a rental boat. 510 Edgewater Ave. - Balboa, CA 92661 - Next to the Balboa Ferry - (714) 673-7200 recycled paper Additionally one more item, back on March..2.5, 1991 four hundred dollars was paid to the city for a�permit under Balboa Island Electric Boat Rentals. This permit was never issued, or was.the business ever implemented. At the time I was told that the four hundred dollars was�to be returned since a permit was never issued. I have never received the refund, therefore I am now requesting that.the 1991 fee be used to process'this current request. Again thank you'for your assistance in expediting Balboa Boat Rentals Commercial Harbor permit application. If you have any questions please call me at 557-5100. �Ral-p!-��Ze m Partner MARINE DEPARTMENT Telephone 644-3044 COMMERCIAL HARBOR PERMIT APPLICATION Filing Fee $400.00 Business Name: Balboa Boat Rentals Business Mailing Address 510 Edgewater place City and zip Balboa 92661 Address of Business— Same Business Telephone 671-7200 If business is a corporation or operated under a fictitious name or partnership, please indicate ALL principals: Give name, address and telephone for each: M711=1 W. W. M- M Give name, address and telephone number of the person, or persons, who will have general management responsibility for applicant business: Penny godheim Please give a complete description of the proposed method of operation of vessel, watercraft and/or other facilities, including, but not limited to: 1. Location where vessel will be permanently berthed 510 Edgewater, Balboa 2. Location where'passengers will be loaded and unloaded Same 3. Maximum number of passengers carried (include crew) Harbour Limo/25 4. Location where required parking for passengers, employees and crew will be provided: Edgewater place 5. Days business will operate: 7 days a week 6. Hours of operation: winter llam-5pm, Summer 9am-9nm 7. Routes of Travel: Newport Harb6r 8. Types of activities permitted on board: 12icnics and harhnr cru c; J nq 9., Types of merchandise to be sold Nnnp 10. Is Coast Guard certification required?y,�q If not, why not? 11. Type and amount of liability insurance carried for this operation: $1 , n nn , n n n carrier: Tn�7 ;;n� Rpnfrn hrakt-r 12. other pertinent information:'Tbe Harbour TJ Tn n will operate as 13. Describe the manner in which you intend to dispose of trash, sewage and litter resulting from this operation: 14. Describe the type of entertainment which the applicant proposes, if any: Nonp 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 I declare under penalty of perjury V�at the, -/f ""76ing is true and correct: Date March 7, 1995 signature: Telephone 675-2o44 557 5100 W 311 Qn�zx—R'Albna Tsland 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) anumBisharnon Industries Corporation March 1, 1995 Mr. Ralph Rodheim Balboa Boat Rentals 5 10 Edgewater Ave. Balboa CA 92661 Dear Ralph: According to your request, please find enclosed documents titled "Exhibit A, Inventory.11 AMS Blue Waves, Inc. certifies the purchase of boats and boat accessories in the above mentioned documents from the Buelmers. Sincerely, Wataru Sugiura AMS Blue Waves, Inc. 5651 East Francis Street, Ontario, California 91761 (909) 390-0055 - FAX (909) 390-0060 ... . .... ..... -"4 4 MY'aF-REWPORT BEACH HARBOW7;i;Ll : CATION NO. zo 04c 10, Ag "x % 04 .0,4 4,u A *k.- 890,040:" 1 04 4r VICINITY SKET' H" Is^v. ct^g wont4l's, 40% -OAS CPO" de.00wer 490W $11bifP^ Ore Apt TA; 0orm'sw .23 7 . ............ k-4 4-A AM's r wt 41 r -Uy 77 4F. RDA .3 AIPA"CA4&T-V AAAOAr op L Nlad—;' / vxl'pzas�—�TMR 4 441 Adv. '7 id 79 -2-o <, �1,7,3 \ADVANCE PLANNING DIVISION P PUBLIC WORKS DEPARTMENT RAFFIC ENGINEER 'IRE DEPARTMENT LAN REVIEW DIVISION PARKS & RECREATION POLICE DEPARTMENT _GRADING CITY OF NEWPORT BEACH PLANN ING DEPARTMENT PLAN REVIEW REQUEST Date January 31, 1983 X PLANS ATTACHED (PLEASE RETURN) —PLANS ON FILE IN PLANNING DEPT. APPLICATION OF Bayview Development Corp. FOR Resubdivision 739 REQUEST FOR: establish 1 parcel of land for retail commercial and restaurant development, 1 parcel of land for a private vehicular and pedestrian accesss, and 1 parcel of land for office and parking uses, where seven lots , and portions of two lots, a portion of an abandoned street (Edgewater Place) and a portion of a public alley proposed to be vacated presently exist. The proposal also includes a request to establish grade for :�he purpose of measuring the height of proposed buildings. LOCATION: 309 Palm Street; Lots 1-10 and a portion of Lot 11, Block 3, Balboa Bayside Tract, a portion of an abandoned street (Edgewater Place) and a proposed vacated alley. REPORT REQUESTED BY: A S A Pl!!!!!! C014MISSION REVIEW: 2-10-83 COMMENTS: DATE SIGNAT61�E'_ %b CITY . OF NEWPORT SEA . CH HARS04 APPLICATION NO.-', ZI-4. A . I 0 40,400 f k-4 : X. oo c. ie I'X 2S 4.4- r a f1pag ft "'alwo 0 41 #1 A . I 0 40,400 f k-4 : X. OF 4.4- r a f1pag ft "'alwo .41 cw . VICINITY SKE -tCH rounol.-ors *Opdp 'APAawarsodpof *or sroeor 0'4*d ceepohe be/ow 49*ft# U60ten rappope wor are 0010614ho, A OWS -seciodw oomemoAftel js,2;jr- id 7* A4 16 oit---a r 1 J J Ll X* Iola4lov's.4 ................................... AAA4A &*Piro A M C- REY 0 y AN AT TUE. SIV2 IppgCA, W,, THE HARBOR ANY SIPMG11AL 15 NOT TRANSFERA, LZ 7 ri-E CITY RICUTS G;VEM Uap,R tyc. 'AND T. ��lw clan :HjS pUpwUF 7AC,, I 1pom, . ..... . . .. 3 - DATE .0 My of Enrim-gm perm -ft Orange C�canty parinit other dITY O� F, Nj� PORT BEACH HARBOR APPLICATION,, NO. -eIZZ--44'7� o A441 6 �4 i: In, A/zo PIC& Z:A40, I C, v co -4 Is SkETCH Vici M I TY, a wo�o my- DAYI CAi IFO-Z'.41,4 Sit t M, -,AA s below Af4::!-o,7 lowe,- Lc- 1,lapleo-. A �Nv 47'ZI 2 14c,"bor- 4 Ore 'eziabl�Shcg A,2� A 5ccko�7 ore A/C ft�p�vrl Z5 ar. u 21 S. 0 4C' CI' - _6 %4,Vt ' �je 7 J7 Li ;1L jp g - 13 4 'W .71.1-1 yl.� P�o 0 P CITY OF NEWPORT BEACH Z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 FO VkTo February 7, 1995 Ralph Rodheim Balboa Boat Rentals 510 Edgewater Avenue Balboa, CA 92661 Re: Harbor Permit 112-511 Dear Ralph: Section 17.41 of the Newport Beach Municipal Code requires that 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 17.41 of the Newport Beach Municipal Code. In that regard, I have included for your use, an application form, which must be completed and filed with the City of Newport Beach regarding the Balboa Boat Rentals operation. I realize that Balboa Boat Rentals or the boat rental in that.location has been there for some time, and Section 17.41.120 of the Newport Beach Municipal Code addresses that, which states: 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 amend- ment to the permit has been approved by the Marine Director or City Council on appeal." For the purposes of this application it will be necessary for the applicant to substantiate the activities of the boat rental operation as of 1984, and that will be essentially the level of activities that will be grandfathered at the site. Any expanded or increased activities beyond those documented as of 1984 would require compliance with all the current rules and regulations as regards parking, restrooms, and the necessary amenities for the operation. 3300 Newport Boulevard, Newport Beach Please return the application as soon assist you in complying with Section Municipal Code. If you would like to give me a call at (714) 644-3044. Sincerely, :7 - Tony Mel M Acting Marine Director tmro&eim.fim as possible so that we can 17.41 of the Newport Beach discuss this with me, please January 30, 1995 Mr. Tony Melum Deputy Director Marine Department City of Newport Beach Post Office Box 1768 Newport Beach, California 92658 Dear Tony: -SALISBURY ENTERPRISES, INC. Re: Balboa Boat Rental Company 510 East Edgewater, Balboa Commercial Harbor Permit Application A little over a month ago, I mailed a letter to you expressing some deep concerns over any proposed expansion of the uses of the Balboa Boat Rental Company facilities without first providing the appropriate code required on-site parking spaces required for said proposed expanded uses. Yesterday, I heard that the Balboa Boat Rental Company had entered into an agreement to bring in a 341 boat for purposes of charter and that they also intend to begin a boat limo service in the harbor which would begin and end at the Balboa Boat Rental facility. This may not be factual information, but it does raise additional concerns on the part of Landing Associates and its various tenants. When you have a minute, I would appreciate knowing what the current status is of the Commercial Harbor Permit Application previously filed by the Balboa Boat Rental Company and what you expect to happen and when. Is a copy of the application of public record and can it be shared? My off ice number is (714) 251-4880. 1 will look forward to an update so I can share the information back with Landing Associates and their various tenants. Very truly, ,;;Z) Cc% %4- lzzz� Douglas L. Salisbury President GENERAL PARTNER/LANDING ASSOCIATES DLS: sd cc: David A. Salisbury Jim & Pam Watts 17042 Gillette Avenue - Irvine, California 92714 - (714) 251-4880 - Fax (714) 251-0524 -SALISBURY ENTERPRISES, INC. December 27, 1994 Mr. Tony Melum Deputy Director Marine Department City of Newport Beach Post Office Box 1768 Newport Beach, California 92658 Re: Balboa Boat Rental Company 510 East Edgewater, Balboa Commercial Harbor Permit Application Dear Tony: I appreciated your telephone calls last week in response to the Balboa Boat Rental Company taking reservations for and running multiple boat trips each night (6:30/7:30/8:30 and 9:30 P.M.) during the Newport Beach Parade of Lights from their Balboa Boat Rental Company subleased space in front of Edgewater Place. I originally expressed our strong concerns on behalf of our tenant, Newport Landing Sportfishing, Inc. and ourselves. It was (and is) our understanding that the Balboa Boat Rental Company had brought in the 50 plus passenger boat, ("Miss Le Meridian") from San Diego, to take reservations and book passengers for the Parade of Lights without the required Harbor Permit and without any parking being provided for these passengers as is required by the current City policies and codes. As you, David Harshbarger, the Planning Department and the City Attorney are all aware, we spent years and hundreds of thousands of dollars to confirm our parking rights and parking spaces within the Edgewater Place parking structure. This procedure finally resulted in the issuance of our Commercial Harbor Permit and a modification to it in May of this year. We have always provided the required on-site parking stalls for our various uses. The Electric Boat Company operates its electric boat rental business under a Lease Agreement and Harbor Permit with Landing Associates, the owners of the Newport Landing project. The Balboa Boat Rental Company operates under a Sub -Sublease (License) Agreement from the owners of Edgewater Place in connection with its motor boat and sailboat rental business. The motor boat and sailboat rental business has only one (1) parking stall associated with it which is dedicated to the employees of the Balboa Boat Rental Company. 17042 Gillette Avenue - Irvine, California 92714 - (714) 251-4880 - Fax (714) 251-0524 Mr. Tony Melum December 27, 1994 Page Two it is our understanding that the Balboa Boat Rental use is restricted to the renting of motor boats and sailboats to walk-up customers only as this was the procedure used in 1984 and before. As a result, it is also our understanding that there is an ongoing restriction against booking or taking reservations for same without providing the additional code required parking stalls to support a boat charter business that accepts advance customer reservations and requires customer parking (one parking stall for each three occupants) to support such an expansion of the prior use. It is our understanding that the Balboa Boat Rental Company is now in the process of making formal application for a Commercial Harbor Permit pursuant to the requirements of Chapter 17.41 of the City's municipal code. If this application only covers the renting of motor boats and sailboats to walk-up customers and does not include the taking of advance reservations for same or bringing in commercial charter vessels for purposes of loading and unloading passengers (ie: "Miss Le Meridian") or the expansion of the prior motor boat or sailboat rental business, we would support the application and issuance of a permit. However, if the proposed uses and business is intended to be increased or expanded and the required on-site code parking is not going to be provided, we believe that the granting of a permit for said increased or expanded use(s) would not be appropriate and should not be granted. Section 17.41.005 of the Chapter specifically included "water taxi services" as a use requiring both a Commercial Harbor Permit and supporting on-site vehicle code parking. over the years we have watched Ralph Rodheim and Jack Hochadel grow and improve their business next door at the Balboa Boat Rental Company. This has included the refurbishing of existing boats and the addition of pontoon boats, Kayaks and other water craft. We respect the efforts that they have made to better their business. However, with the recent addition of a water taxi business and the bringing in of a commercial charter vessel to sell tickets and to load passengers without providing the required on-site parking that we were required to provide in connection with our floating dock facilities, this expansion does not seem appropriate or in keeping with the intent or requirements of the City's Municipal Code. As a result, we do not feel that a Commercial Harbor Permit application for increased or expanded use(s) should be considered or approved for the Balboa Boat Rental Company under the circumstances. Tony, if you wish to discuss this matter or our deep concerns in more depth, please do not hesitate to give either me and/or Jim Watts a telephone call. This matter continues to be of serious concern to us and the businesses which we own and represent at Newport Landing. Mr. Tony Melum December 27, 1994 Page Three Thank you for giving us the opportunity to voice our concerns and objections in connection with the application that you and the Marine Department will be considering after the first of the year. We will be most interested in hearing your decision in this regard. Very truly, Douglas L. Salisbury President GENERAL,PARTNER/LANDING ASSOCIATES DLS: sd cc: James Watts David Salisbury DecerLer 21, 1994 Tom, Helum -Acting, Marine Director City Of Newport Beach -P.O. �qox 1768 Newport Beach$ 92659-111766 Tony , 0 rirst, thank you f or having a pasitive staff- me:dber, Wes Armand, It is great to know that the city and its staff 7 are looking for ways to aasi,81: the m42-ine industry. Our recent request to -1 the Coast quard certified vessel "Miss Le Mer- - diero� "to operate f6z the Christmas Boat Parade was bo"ed exchange of parking requirements. T_n�the�'pa,_:�Az-, 2�],Lboa Boat Rentals had approximatally twice the, zv'_Iz�bar of rental boats as exists FreseDtly. Balboa Boat 1sntale agreed to Itrade our rental bf retotor boat suaces icz the.temnorary Lisa of ',Miss Le meridien" to pi�k-up deliver guests at out dook. ditionally, it was , ?cussod that after the parade, we wz)uld look 1nto all the uses grandfathered in at our nc�aation to determine JLf a ha--,-bor use permit would be for t.' ;e `ocatiozl. �2 _ L 'N,�;Ieedlesz tO S 81,e�? 7 1 was cUsa-p-pointed thie morrUng when Wes to Say ycu- Would -pzef��_- for us not to allow the -nll the ability to operate on this limited Uss Le Meridle It was ry understanding that this situation was agreed upon at least for this year's parade. P -lease be assured the boat is not exceeding its coast In fact, business has been quard aVproved limits. di�sappointin with the largest trip carrying only 20 passengers. gAdditionally, the boat only uses the Balboa Boat Rental Docks, not Newport Lan�dings docks. feel it only fair to disau6s this matter with you before .,,,aasing operations, therefore please give me a cali at you-- eirlIest convince 557-5-100. We are as always willing to dizouss this matter to cows to a fair and eauitable conclusion. 510 Edgewater Ave. - Balboa, CA 92661 - Next to the 11alboa Perry (714) 673-7200 DEC 21. �94 13:41 RODHEIM MARKETING (714) 557-5109 P.1 V RODHEIM MARKETING GROUP 125 EAST 13AKER STREET -COSTA MESA, CA 02626 0 714,557-5100 IFAXCOVER SHEET 1 -2 - -2- 1 To: RE: i PAGES Uncluding cover)- -" , :"' Please call if there *s a problemwith this tvanswission. Phone: 714/557-5100 ri=- 7141557-5109 May 31, 1994 David Harshbarger Director Marine Safety Dept. City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659-1768 Dear Dave: Pursuant to our earlier conversations, I'm pleased to be able to announce that Balboa Boat Rentals has been successful in securing a boat to act as a water taxi in Newport Harbor. The vessel is called the "Harbor Hopper". It is twenty-two (22) feet long, diesel powered and is Coast Guard,Certified,for.twenty-fou.r (24) passengers. Our concept is to. run the', "Harbor.Hopper" on a pre -arranged route for a trial period beginning in June and extending through September at.which.time we will evaluate the program. The "Harbor,Hopper" will provide accessibility to: 1. Increase waterfront restaurant and retail business. 2. Increase parking revenues by allowing the public to park and ride. 3. Increase hotel business through promotions for I waterfront weekend packages. 4. Improve air quality and decrease congestion on the streets. Initially,, the "Harbor Hopper" will follow a fixed route making a complete circle at least once every hour. We want the public to be able to rely on a set schedule to transport them.within the bay. The exact stops are not yet confirmed, however the plan .is: Leave from Balboa Boat Rentals dock to�Balboa Island for a public'pier pick-up. -Proceed toward�Balboa Bay Club �and stop. 7rom BBC.Icontinue.up the bay to.Mariners mile 510 Edgewater Ave. - Balboa, CA 92661 - Next to the Balboa Ferry - (714) 673-7200 OC9 recycledpaper and stop. Continue to Lido Village and stop, return down the Lido peninsula and Lido Isle, and conclude the route at Balboa Boat Rentals. At present we would hope your department and the city of Newport Beach could include the "Harbor Hopper" in its publicity, i.e. community services and directories to encourage usage. We are attempting to provide the "Harbor Hopper" service without subsidies, at least during the trial period. If this experiment works, and the demand is such as to continue the service into the Fall, Winter and Spring, then some assistance will most assuredly be needed. Any thoughts you may have on this would be greatly appreciated. We behlieve the "Harbor Hopper" will provide a safe and sane Yaode of transportation that will only enhance the ub.�,,,,Lty which it hopes to serve. i n c � r�kla y A A d im cc: Ken elino CITY OF NEWPORT BEACH REVENUE DIVISION 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 TIDEELANDS- ANNLAL COMMERCIAL PIER PERMIT CARLSOlh CO PIER NER: 1�1 12-0 511 -1 NES F 2 0 248 3 2N E S F 2 ol RUN DATE: 02/01/94 92 1, 2 RVI 92 15 Woo LOCATICN CF PIER: 15 11 EDGEWATER I 2r -r"014 SQ FT X .25 - DUE 02/01/94 BALANCE CUE AS OF 03/01/94: r= ),Mfflffim� $200ou"'.00 sa'ojo.00 DIRECT ALL !NQUIFIES TO THE MARINE DEPT AT (714) 644r -In -41O.' PENALTIES WILL 3E ASSESSED AT 25Z OF FEE FOR EACH MONT14 PAYMENT IS DELINGUIENT, UP TO AND INCLUDING 100%, IN ACCORDAICE IWITH NEWPORT BEACH MUNICIPAL RESCLUTION 48753. PO 0 OF NEWPORT BEACH ""I .Z P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 January 13, 1992 Carlson Company 2081 Business Ctr. #250 Irvine, ca. 92715 Re: Pier Permit 0112-0511 Dear Betsy: The City of Newport Beach Harbor Permit Policies requires that prior to all dock maintenance work, in excess of $200.00, a permit must first be -obtained from the Marine Department. Recently there was considerable replacement work done on your docks bayward of the property at 511 East Edgewater, Newport Beach. The contractor was aware of the need for a permit and assured this department that it would be ' obtained and submitted for approval. However, to date this has not be done, and this letter -is to inform you that the responsibility for securing the above mentioned permit falls on the property owner. Regardless that the work has been completed, a permit must be obtained from this department and after -the -fact approval received. Enclosed you will find the necessary forms. Please fill out the application, do the required drawingo and send them along with a $60.00 check (City of Newport Beach) to this office. Please call 644-3044 if you need more information regarding this matter. Sincerely, W;,-/ � Wes Armand Harbor Inspector 3300 Newport Boulevard, Newport Beach CITY OF NEWFI CITY OF No"" LA IN CrrY OF NEWPORT BEACH HARBOR PERMIT I g�I a NOW GRARM0 TO CONSTRUCT AND MAVffM TW MCMRY 94OWN ON THE REVERSE HEREOF, OW TW IM NODWIM. SWECT TO THE PROVISIONS OF IM KfMa POW POUCIES OF NEWPORT BEACH AND AW $PEG& CONOMMS USTED HEREON. THIS PERMIT W OW TPANSFERABLEmmmTHE WRITTEN CONSENT OF IN MY NAFWR COORDINATOR OR CITY COUNCIL. THE OWS Gr4* UNM TMS PERMIT ARE PERMISSIVE ONLY AM IM PB%Mff MAY BE R$VQ)%Q BY THE CITY COUPv'M 4 OF M 0 ACC0ltDAJM VffH IW 17 'fHE UN CODE. PERMrr NO. SPrCIAL 00jqVjrj0.,q3: Corm of P�, olarve County perrmT fter _.- -,T I I a P0 0 CITY OF NEWPORT BEACH U _Z P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 July 25, 1991 Harvey M. Moore Bidna & Keyes 1401 Dove Street, Ste 300 Newport Beach, CA 92660 Re: Pier and Dock bayward of 507 Edgewater, Balboa, CA Dear Mr. Moore: During the week of July 15, 1991, we met with two of the three on- shore mooring owners adjacent to the above property. The purpose of the meeting was to discuss alternatives available to solve the problem, such as the moving of Mrs. Walker Is mooring, the potential relocation of all three moorings, and the possibility of eliminating one of the moorings, leaving only two moorings on,the street end. We feel that one of these possibilities could assist in resolving the problem of inadequate space in the street end adjacent to 507 Edgewater. We are pursuing the proposals and will talk to the mooring permittees further. We will keep you apprised of our progress. Very truly yours, Tony Melum Tidelands Administrator 3300 Newport Boulevard, Newport Beach B1DNA(:SrKEYS A PARTNERSHIP OF PROFESSIONAL LAW CORPORATIONS 1401 DOVE STREET SUITE 300 NEWPORT BEACH, CA 92660 (714) 752-7030 FAX: (714) 752-8770 July 23, 1991 Tony Melum Tidelands Administrator City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Re: Pier and Dock Bayward of the Residence at 507 Edgewater Balboa, California 92661 Dear Mr. Mellon: On June 5, 1991, Nann Von Oppenheim, Randy Brown, Todd Brown and myself met with you and Dave Harschberg regarding the pier and dock bayward of the residence at 507 Edgewater as well as neighboring onshore mooring, P-61. At the meeting, you agreed to take steps to relocate the onshore mooring to provide for additional space between the boat moored at the onshore mooring and the boats moored at the pier and float bayward of 507 Edgewater. To date, there appears to have been no steps taken by the permittee of the onshore mooring to move the onshore mooring. Please advise me as to what steps have been taken by the City of Newport Beach to correct the situation as well as what steps it plans to take in the future. Thank you. Very truly yours, BIDNA & KEYS vey M. Moore HMM: r s cc: Nann Von Oppenheim Randy Brown 51810OM275 EDGEWATER PLACE 309 Palm Street Balboa, CA 92661 Ref. Rental payment Balboa Boat Rentals February 10, 1989 Mr. James F. Buehner, Jr. Balboa Boat Rentals P. 0. Box 509 Balboa, California 92661 Dear Mr. Beuhner: In accordance with the notices provision of your lease agreement, your are hereby instructed, until further notice, to make your rental payments in the following manner: Rental check should be payable to: BALBOA LANDING, DEBTOR IN POSSESSION 309.Palm Street, Suite N Balboa, California 92661 Atten: Ken Nelson All other inquiries should be directed to Ken Nelson as he is authorized to continue, until further notice, as the project manager of Edgewater Place and represent the Balboa Landing Partnership. Thank you for your cooperation in this matter. Respecjtfully,� Ken. Nelson Project Manager Agent for Balboa Landing Partners STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Govemor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION 6809 INDIANA AVENUE, SUITE 200 RIVERSIDE, CALIFORNIA 92506 PHONE: (714) 782-4130 August 4, 1988 Mr. James F. Buehner Balboa Boat Rental s P. 0. Box 509 Bal boa, CA 92661 WATER POLLUTION CONTROL PLAN, BALBOA BOAT RENTALS Dear Mr. Buehner: This is to confirm your discussion with Mr. Li -Min Shih of my staff during his inspection of Balboa Boat Rentals on July 25, 1988, regarding the proposed Water Pollution Control Plan (WPCP) submitted with your June 24, 1988, letter. During this discussion, you stated that the boat washing operation will be con- ducted on a floating platform with a curb around the perimeter of the platform to contain the wastewater. The wastewater will be directed to a sump located on the platform, and from the sump the wastewater will be pumped through a strainer, a bag filter, and a diatomaceous earth filter before discharging to Newport Bay. The filtered wastewater will not contain visible debris, paint chips, oil, grease, or petroleum products. This discharge will not cause any foam, discoloration, or odor in the bay. Based on the above information that you provided, it appears that your proposed WPCP will provide the same level of treatment currently obtained by other boatyards located at Newport Bay. Consequently, Mr. Shih gave you a verbal approval that your proposed WPCP was acceptable on an interim basis. We are currently reviewing our policy regarding boatyard waste discharges.' A change in this policy may require you to upgrade your filtration system or elim- nate the discharge by connecting to the sanitary sewer. However, this policy will be revised only after public review and hearing, in which you are encouraged to participate. We will keep you informed as to the development of this new policy and scheduling of any pertinent public meetings. If you have any questions regarding this matter, please contact Li -Min Shih or Gary M. Litton of our Industrial Surveillance Section. cerely, JA�ES R. BENNETT ;Executive Officer cc: City of Newport Beach LMS:ww STATE OF CALIFORNIA GEOaGE DELIKMEJ1AN, Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL,BOARD SANTA ANA REGIO'N 6809 INDIANA AVENUE, SUITE 200 'RIVERSIDE, CALIFORNIA 92506 -4298 PHONE: (714) 782-4130 May 13, 1988 Mr. James F. Buehner Balboa Boat Rentals P. 0. Box 509 Balboa, CA 92661 TRANSMITTAL OF ADOPTED ORDER Dear Mr. Buehner: Enclosed is a certified copy of Order No. 88-31, NPDES No. CA 8000102, which contains requirements for the discharge of wastewater -from your boat yard operation to Lower Newport Bay. These requirements were adopted by the Board at its May 13, 1988, meeti ng. Sincerely, i4c_ _u t'i'v* e - 6 i i Ti c' � r losure cc: State Department of Health Services -Santa Ana /pk California Regional*Water Quality Control Board Santa Ana Region ORDER NO. 88-31: NPDES NO. CA 8000102 Waste Discharge Requirements for Balboa Boat Rentals Orange County The California Regional Water Quality Control Board, Santa Ana Region (hereinafter Board), finds that: 1. Balboa Boat Rentals (hereinafter discharger) submitted a complete Application, No. CA 8000102, on February 26, 1988, for waste dishcarge requirements and a permit to discharge wastes under the National Pollutant Discharge Elimination System. 2. The discharger discharges filtered boat wastewater from Ithe existing boat yard into Lower Newport Bay. 3. The boat yard is located within Section 35, T7S, R10W, SBB&M, at Edgewater & Palm in the Balboa area of Orange County. The location of this site is shown on the Attachment "All which is hereby made a part of this order. 4. Approximately 20 gallons per day (0.076 m3/day) or 2,080 gallons per year (7.87 m3/day) of wastewater from the boat yard is discharged to Lower Newport Bay, located at latitude 3306115" and longitude 117053157!1. 5. This boat yard overlies the Irvine Pressure Ground Water Subbasin, the beneficial uses of which include: a. Municipal and domestic supply, b. Agricultural supply, C. Industrial service supply, and d. Industrial process supply. (1) Order No. 88-31 (NPDES No. CA 8000102) - continued Page 2 Balboa Boat Rentals 6. The beneficial uses of Lower Newport Bay include: a. Navigation, b. Water contact recreation, C. Non -contact water recreation, d. Ocean commercial and nonfreshwater sportfishing, e. Marine habitat, and f. Shellfish harvesting. 7. The Board adopted a Water Quality Control Plan on May 13, 1983. The Plan contains water quality objectives and -beneficial uses of waters in the Santa Ana Region. 8. The requirements contained in this order are necessary to implement the Water Quality Control Plan. 9. The issuance of these waste discharge- requirements is exempt from the provisions of the California Environmental Quality Act (Public Resources Code, Section 21100 et seq.) in accordance with Section 13389 of the California Water Code. 10. The Board has notified the discharger and other interested agencies and persons of its intent to prescribe waste discharge requirements for the discharge and has provided them with an opportunity to submit their written views and recommendations. 11. The Board, in a public meeting, heard and considered all comments pertaining to the discharge. IT IS HEREBY ORDERED that the discharger, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, and the provisions of the Federal Water Pollution Control Act and regulations and guidelines adopted thereunder, shall comply with the following: A. Discharge Specifications 1. Neither the treatment nor the discharge of wastes shall create a nuisance or pollution, as defined in the California Water Code. 2. The discharge of any substance in concentrations toxic to human, animal, plant, or aquatic life is prohibited. Order No. 88-31 (NPDES NO. CA 8000102) - continued Page 3 Balboa Boat Rentals L --I 3. The discharger shall develop and submit an acceptable Water Pollution Control Plan within 30 days of the adoption of this order. The Plan shall detail the means of controlling the- discharge of pollutants from the boat yard. The plan shall address each existing waste source including, but not limited to, trash, scale, rust, old paint, new paint, marine growths, oil and grease, and washwater, and shall detail specific methods by which pollution from these sources shall be controlled. The plan shall include methods of maintaining work areas in "broom clean" or equivalent conditions. The plan shall be implemented within 30 days after the Executive Officer determines it to be acceptable. Receiving Water Limitations This discharge shall not cause a violation of water quality standards for receiving waters Regional Board or the State Water Resources as required by the Federal Water Pollution regulations adopted thereunder. if applicable water quality standards are approved pursuant to Section 303 of the Pollution Control Act, or amendments thereto, revise and modify this order in accordance stringent standards. C. Provisions any applicable adopted by the Control Board, Control Act and nore stringent promulgated or Federal Water the Board will with such more 1. The discharger shall comply with the attached "Standard Provisions and Reporting Requirements" with the exception of the following items: A.20, 21, and 24-26; B.1 through 7; C.2, 7, and 8b; D.8b, 9, and lla; E.1 through 7. 2.. The Board is currently conducting a study on the waste discharge to the Newport Bay to determine the adequacy of pollution control system such as this. This study may require this order to be reevaluated prior to its expiration date. -3. The discharger shall comply with the Monitoring and Reporting Program No. 88-31. Order No. 88-31 (NPDES No. CA 8000102) - contiuned Balboa Boat Rentals 4. This order expires on April 1, 1993, and the must f ile a report of waste discharge in with Title 23, California Administrative later than 180 days in advance of such application for issuance of new waste requirements. Page 4 discharger accordance Code, not date as discharge 5. In the event of any change in control or ownership of land or waste discharge facilities presently owned or controlled by the discharger, the discharger shall notify the succeeding owner or operator of the existence of this order by letter, a copy of which shall be forwarded to the Board. 6. The discharger shall report promptly to the Board any material change in the character, location, and/or volume of discharge. 7. This order shall serve as a National Pollutant Discharge Elimination System permit pursuant to Section 402 of the Federal Water Pollution Control Adt or amendments thereto and shall become effective 10 days after date of its adoption provided the Regional Administrator of the Environmental Protection Agency has no objection. If the Regional Administrator objects to its issuance, the permit shall not become effective until such objection is withdrawn. I, James R. Bennett, Executive officer, do hereby certify the foregoing is a full, true, and correct copy of an order adopted by the California Regional Water Quality Control Board, Santa Ana Region, on May 13, 1988. California Regional Water Quality Board Santa Ana Region April 7, 1988 ITEM: 8 1 41, Ale? r) �9 / ? 1, 1 1 '1". 1 SUBJECT: Waste Discharge Requirements for Balboa Boat Rentals, Balboa, Orange County, Order No. 88-31 (NPDES No. CA 8000102) DISCUSSION: Balboa Boat I -Rentals is proposing a new boat yard which will be located at Edgewater & Palm in the Balboa area of orange County. Approximately 20 gallons per day (0.076 m3/day) of wastewater will be generated. The wastewater will pass through a strainer and sand—filter before discharging to Lower Newport Bay. This boat yard will operate four days a week for a period of six months.each year. On February 26, 1988, the discharger submitted a complete Ap plication -No. CA 8000102 for waste discharged under the National Pollutant.Discharge Elimination system. The proposed boat y ard overlies the Irvine Pressure Ground Water Subbasin which beneficial uses include municipal and domestic supply, agricultural supply, industrial service supply, and industrial process supply. The beneficial uses of Lower Newport Bay include navigation, water contact recreation, non -contact water recreation, ocean commercial and nonfreshwater sportfishing, marine habitat, and shellfish harvesting. The proposed order requires the discharger to develop and submit a Water Pollution Control Plan detailing means of controlling the discharge of pollutants from.the boat yard operation area. This order also includes the requirement that the proposed boat yard comply with water quality objectives contained in the Water Quality Control Plan. These requirements are considered to be adequate for the protection of the beneficial uses of the waters of the region. Staff Report Page 2 -order No. 88-31 (NPDES No. CA 8000102) RECOMMENDATION Adopt Order No. 88-31, as presented Comments were solicited from the following agencies: Environmental Protection Agency - Permits and Pretreatment Section (W-5-1) U.S. Army District, Los Angeles, Corps of Engineers Permits section U.S. Fish and Wildlife Service NOAA, National Marine Fisheries Service State Water Resources Control Board Ted Cobb, Office of Chief Counsel Archie Matthews, Division State Water Resources Control Board of Water Quality State Department of Water Resources Marine Resources Re ion State Department of Fish and Game 9 State Department of Health Services - Santa Ana Orange County Environmental Management Agency Regulations Orange County Health Department Orange County -Water District City of Newport Beach California Regional Water Quality Co 1 Board Santa Ana Region ORDER NO. 88-31 NPDES NO. CA 80 Waste Dis-char P s ge 'Aquir f co r Balboa Boa ls Oran inty The Calif ornia Regional - Wat%4 0 1 ' y Control Board, Santa Ana �Recrion (hereinafter Board), finds at: 1. Balboa Boat Re tals einafter discharger), submitted a complete Applic No. CA 8000102, on February 26, 1988, for wastel& 4' a�rge requirements and a permit f6 discharge x/a""khes er the National Pollutant Discharge COW -OF Eliminat' syste S' st' -2. The di a e s proposing to discharge filtered boat w t aste a r the -proposed boat yard into Lower New Bay, 3. T1)e—prupvsqd boat yard will be located within Section SBB&M, at Edgewater & Palm in the AT rea of Orange County. The location of this e 's shown on the Attachment "All which is hereby �n art of this order. r X.. 4. A ximately 20 gallons per day (0.076 m3/day) or 0 gallons per year (7.87 m3/day) of wastewater from t proposed boat yard will be discharged to. Lower Newport Bay, located at latitude 330611511 and longitude 117053157". 5. The proposed boat yard overlies the Irvine Pressure Ground Water Subbasin. The benef icial uses of which include: a. Municipal and domestic supply, b. Agricultural supply, C. Industrial service supply, and d. Industrial process supply. Order No. 88-31 (NPDES No. CA 8000102) continued Page 2 Balboa Boat Rentals 6. The beneficial uses of Lower Newport Bay include: a. Navigation, b. Water contact recreation, C. Non -contact water recreation, d. ocean commercial and nonfreshwater sportfishing, -e. Marine habitat, and f. Shellfish harvesting. 7. The Board, adopted a Water Quality Control Plan on May 13, 1983. The Plan contains water quality objectives and beneficial uses of waters in the Santa Ana Region.' 8. The requirements contained in this order are necessary to implement -the -Water Quality Control Plan. 9. The issuance of these waste discharge requirements is exempt from the provisions of the California Environmental Quality Act (Public Resources Code, Section 21100 et seq.) in accordance with Section 13389 of the California Water Code.. 10. The Board has - notified the discharger and other interested, agencies and persons of its intent to prescribe waste discharge requirements for- the discharge and- has provided them with an opportunity to submit their written views and recommendations. 11. The Board, in a public meeting, heard and considered all comments pertaining to the discharge. IT IS HEREBY ORDERED that the discharger, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, and the . . ons of the provisi Federal Water Pollution Control Act and regulations and guidelines adopted thereunder, shall comply with the following: A. Discharge Specifications 1. Neither the treatment nor the discharge of wastes shall create a nuisance or pollution, as defined in the California Water Code. 2. The discharge of any substance in concentrations toxic to human, animal, plant, or aquatic life is prohibited. Order No. 88-31 (NPDES NOi CA 8000102).- continued Page 3 Balboa Boat Rentals 3. The discharger shall develop and submit an acceptable Water Pollution Control Plan within 30 days of the adoption of this order. The Plan shall detail the means of controlling the discharge of pollutants from the boat yard. The plan shall address each existing waste source including, but not limited to, trash, scale, rust, old paint, new paint, marine growths, oil and grease, and washwater, and shall detail specific methods by which pollution from these sources shall be controlled. The plan shall include methods of maintaining work areas in "broom clean" or equivalent conditions. The plan shall be implemented within 30 days after the Executive Officer determines it to be -accept able. B. Receiving Water Limitations: This discharge shall not cause a violation of any applicable water quality standards for receiving waters adopted by the Regional Board or the State Water Resources Control Board- ' -,- as required by the Federal Water Pollution Control Act and-. regulations adopted thereunder. I If more stringent applicable. water quality standards are promulgated or approved pursuant to Section 303 of -the Federal Water - Pollution Control Act, or amendments thereto, the Board wilL. revise and modify this order in accordance with such more:,� stringent standards. C. Provisions 1. The discharger shall comply with the attached "Standard Provisions and Reporting Requirements" with, the exception of the following items: A.20, 21, and 24-26; B.1 through 7; C.2, 7, and 8b; D.8b, 9, and 11a; E.1 through 7.- 2. The Board is currently conducting a study,on the waste discharge to the Newport Bay to determine the adequacy of pollution control system such as this. This study may require this order to be reevaluated prior to its expiration date. 3. The discharger shall comply with the Monitoring and Reporting Program No. 88-31. Order No. 88-31 (NPDES No. CA 8000102) contiuned Page 4 Balboa Boat Rentals 4. This order expires on April 1, 1993, and the discharger must f ile a report of waste discharge in accordance with Title 23, California Administrative Code, not later than 180 days in advance of such date as application for issuance of new waste discharge requirements. 5. In the event of any change in control or ownership of land or waste discharge facilities presently owned or controlled by the discharger, the discharger shall .notify the-, succeeding owner or operator of the existence of this order by letter, a co py of which shall be forwarded to the Board. 6. The discharger shall report promptly to the -Board any material change in the character, location, and/or volume of discharge. 7. This order shall serve as a National Pollutant Discharge Elimination System permit pursuant to Section 402 of the Federal Water Pollution Control Act or amendments thereto and shall become effective 10 days after date of its adoption provided the- Regional Administrator of the Environmental Protection Agency has no 'objection- If the Reg ional -Administrator - objects to its issuance, the permit shall not become effective until such objection is withdrawn. I, James R. Bennett, Executive Officer, do - hereby certify the foregoing is a full, true, and correct copy of an order adopted by the California Regional Water Quality Control Board, Santa Ana Region, on April 7, 1988. JAMES R.BENNETT Executive Officer CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION STANDARD PROVISIONS AND REPORTING REQUIREMENTS A. General Provisions 1. The requirements prescribed herein do not authorize the commission of any act causing injury to the property of another, nor protect the discharger from his liabilities under federal, state, or local laws, nor guarantee the discharger a capacity right in the receiving waters. 2. The discharger must comply with all of the terms, requirements and con- ditions of this order. Any violation of this order constitutes a viola tion of the Clean Water Act, its regulations and the California Water Code, and is grounds for enforcement action, termination of the order, revocation and reissuance of the order, denial of an application for reissuance. of the order; or a combination thereof. 3. The provisions Of this order are- severable, and if any provision of this order, or the application of any provision of - this order, or the application of any provisions of this order to any circumstance, is held invalid, the application Of such provision to other circumstances, and the remainder of this order shall not be affected thereby. 4. This order may be modified, revoked and reissued, or terminated for cause. The filing of a request by the discharger for modification, revocation and reissuance, or termination of this order or a notifica tion of planned changes or anticipated noncompliance does not stay any permit condition. 5. This order may be modified prior to the expiration data to include effluent limitations for toxic constituents determined to be present in significant amounts in the discharge through a more comprehensive moni- toring program included as part of this order. 6. This order does not convey any property rights of any sort, or any exclusive privilege. 7. in the event of any change in control or ownership of land or waste discharge facility presently owned or controlled by the discharger, t�e. discharger shall notify the succeeding owner or operator of the existence of this order by letter, a copy of which shall be forwarded to this Board. (6) �d < > > x r1i M, 0 4 M lk Va __q 0 rm - if act: AM; f /Y C+ (A? (D fu sm - - "A� r+ "Oti: C5 00 -7- 4m 4e FA W..4 f CD co CL 0) .,.. ... . I 7. 4i 16 CL ':V 0 f Mis 64 0 M 0 0 cc C= E."t 2. on c') 00 y CM 0 YS c On 0 qg (VIA/ 1 4-1 (LAGUNA BEACH)/ LAGUNA BEACH 7 Mi.. L5W �j 2451 111 SE OCEANSIDE 43 Mi. cn -W Qp S. This order is not transferable to any person except after notice to the Regional Board. The Regional Board say require modification or revoca- tion and reissuance of this order to change the name of the discharger and incorporate such other requirements as may be. necessary under the Clean Water Act. 9. The discharger shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollu- ta'nts within the time provided in the regulations that establish these standards or prohibitions, even if this order has not.yet been modified to incorporate the requirement. 10. Violation of any of the provisions of the NPDES program or of any of the provisions of this order may subject the violator to any of the penalties described herein, or any combination thereof, at the discre- tion of the pro'secuting authorityl except that only one kind of Penalty way be applied for each kind of violation. -11. The Clean Water Act (CWA) provides that any person who violates a provi- sion implementing sections 301, 302, 306, 307, or 308 of the CWA is sub- ject to a civil penalty not to exceed $10,000 per day of such violation. Any person who willfully or negligently violates provisions implementing these sections of the CWA is subject to a fine of not less than $2500, nor more than $25,000 per day of violation, or by imprisonment for not more than I year, or both. 12. The California Water Code provides that any person who violates a waste discharge requirement or a provision of the California Water Code is subject to civil penalties of up to $5,000 per day, $10,000 per day, or $25,000 per day of violation, or when the violation involves the discharge of pollutants, is subject to civil penalties of up to $10 per gallon per day, or $20 per gallon per day of violation; or some com- bination thereof, depending on the violation, or upon the combination of violations. 13. it shall not be a defense for a discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this order. 14. ' The Regionai Board, EPA, and other authorized representatives shall be allowed: (a) Entry upon premises where a regulated facility or activity is located or conducted, or where records are kept under the conditions of this order; (7) (b) Access to copy any records that are kept under the conditions of this order; (c) To inspect any facility, equipment (including monitoring and control equipment), practices, or operations regulated or required under this order; and (d) To photograph, sample and monitor for the purpose of assuring compliance with this order, or as otherwise authorized by the Clean Water Act. 15. The discharger shall take all reasonable steps to minimize or prevent any discharge that has a reasonable lik I elihood of adversely affecting human health or the environment. 16. The discharger shall take all reasonable steps to minimize any adverse impact to receiving waters resulting from non - compliance with any effluent limitations, specified in this order, including such accelerated or addi- tional monitoring -as necessary to determinethe nature and impact of the noncomplying discharge. 17. The discharger shall, at all times, properly operate and -maintain all facilities and systems of treatment and Control (and related appurtenan- ces) which are installed or used by the discharger to achieve compliance with this order. Proper operation and maintenance includes effective performance., adequate funding, adequate staffing and training, . and ade- quate laboratory and process controls, including appropriate quality assurance procedures. The discharger shall keep in a state of readiness all 8 . yatems necessary-, at any time, to achieve compliance with the waste discharge require- ments. All systems, both those in service and reserve,� shall be inspected and maintained on a regular basis. All reserve units shall be regularly tested by placing into service. Records shall be kept of the tests and made available to the regulatory agencies. 18. Bypass (the intentional diversion of waste streams from any portion of a treatment facility) is prohibited. The Regional Board may take enforce- ment action against the discharger for bypass unless: (a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. (Severe property damage'means subsLantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean eco- nomic loss caused by delays in production.); (b) There were no fessible-alternatives to bypass, such as the use of auxiliary treatment facilities, retention of untreated waste, or maintenance during normal periods of equipment down time. -This con - di . tion is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that could occur during normal periods of equip- ment down time or preventive maintenance; and (c) The discharger submitted a notice at least ten days in advance of the need for a bypass to the appropriate Regional Board. The discharger may allow a bypass to occur that does not cause effluent limitations to be exceeded, but only if it is for essential maintenance to assure efficient operation. In such a case, the above bypass con- ditions are not applicable. The discharger shall promptly notify the Regional Board and the EPA within 24 hours of each such bypass. 19. "Upset" means an- exceptional incident in which there is -unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the discharger. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facili- ties, lack of preventive maintenance, or careless or improper action. A discharger that wishes to establish the affirmative defense of an upset.�._ in an action brought for noncompliance shall demonstrate, through pro- perly signed, contemporaneous operating logs, or other relevant evidence that: (a) an upset occurred and that the discharger can identify the cause(s) of the upset; (b) the permitted facility was being properly operated at the time of the upset; (c) the discharger submitted notice of the upset as required in General Reporting Provision D.8; (d) the discharger complied with any remedial measures required under General Provision A.15. No determination made before an action for noncompliance, such as during administrative review of claims that noncompliance was caused by an upset, is final administrative action subject to judicial review. In any enforcement proceeding, the discharger seeking to establish the occurrence of an upset has the burden of proof. (9) 20. Safeguard to electric power failure: a. The discharger shall, within ninety (90) days of the effective date of this permit, submit to the Regional Board and the Regional Administrator a description of the existing safeguards provided to assure that, should- there be reduction, loss, or failure of electric power, the discharger shall comply with the terms and conditions of this order. Such safeguards may include alternate power sources, standby generators, retention capacity, operating procedures, or other means. A description of the safeguards provided shall include an analysis of the frequency, duration, and impact of power failures experienced over the past five years on effluent quality and on the capability of the discharger to comply with the terms and conditions of the order. The adequacy of the tafeguards is subject to the approval of the Regional Board. b. Should the- treatment works not include safeguards against reduction, -loss or failure of electric power, or should the Regional Board not approve the existing safeguards, the discharger shall, within ninety (90) days of the effective date of this order or within ninety (90) days of having been advised by the Regional Board that-tbe exi ting safeguards are inadequate, provide to -the Regional Board and- the Regional Administrator a' schedule of compliance for providing safe- guards such that in the event of reduction, lose, or failure of electric power, the discharger shall comply with the terms and con ditions of this order. The schedule of compliance shall, upon approval of the Regional Board, become a condition of this order. (10) 21. The discharger's wastewater treatment plant Oall be supervised and operated by persons possessing certificates of appropriate grade pur- suant to Chapter 3, Subchapter 149 Title 23, California Administrative Code. 22. Solids, sludges, filter backwash, and other pollutants removed in the treatment or control of wastewater shall be disposed of in the manner approved by the Executive officer of the Regional Board. 23. The discharge of any radiological, chemical, or biological warfare agent or high level radiological waste is prohibited. 24. The following wastes shall not be introduced into the treatment works: a Wastes which create a fire or explosion hazard in the treatment works; b. Wastes which will -cause corrosive structural damage to treatment works, but, in no case, wastes with a pH lower than 5.0 unless the works are designed to accommodate such wastes; c Solid or viscous wastes in amounts which would cause obstruction to the flow in sewers or otherwise interfere with the proper operation of the treatment works; or d. Wastes at a flow rate and/or pollutant discharge rate which is excessive over relatively short time periods so that there is a. -treatment process upset and subsequent loss of treatment efficiency. 25. The discharger . shall ensure compliance with any existing or future pretreatment standard promulgated by EPA under Section 307 of the Federal Water Pollution Control Act or amendments thereto for any discharge to the municipal system. 26. The discharger shall require each user to submit periodic notice (over intervals not to exceed nine months) of progress toward compliance with applicable toxic and pretreatment standards developed pursuant to the Federal Water Pollution Control Act or amendments thereto. The discharger shall forward a copy of such notice to the Board and the Regional Administrator. B. Provisions for Monitoring 1. Water quality analyses shall be performed in accordance with the most recent edition of "Environmental Protection Agency Regulations on Test Procedures for the Analysis of Pollutants" promulgated by EPA (40 CFR 136). In addition, the Board and/or EPA, at their discretion, may spe- cify test methods which are more sensitive than those specified in 40 CRF 136. 2. Chemical, bacteriological, and bioassay analyses shall be conducted at a laboratory certified for such analyses by the State Department of Health Services or EPA. 3. Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(O analyses were performed; d. The individual(s) who performed the analyses; The analytical techniques or methods used; and f. The results of such analyses. 4. The discharger shall. have, and implement, an acceptable written qu - ality assurance (QA) plan for laboratory analyses. An annual report shall be submitted by January 30 of each year which summarizes the QA activities for the previous year. Duplicate chemical analyses must be conducted on a minimum of ten percent (10%) of the samples, or at least one sample per month, whichever is greater. A similar frequency shall be main tained for analyzing spiked samples. When requested by the Board or EPA, the discharger will participate in t he NPDES discharge monitoring report QA performance study. The permit- tee must have a success rate.equal to or greater than 802. 5. Sample containers, preservations,, and hold times shall conform with those in 40 CFR Part 136. 6. Inf luent samples shall be taken at each point of inflow to the wastewater treatment plant, upstream of any In -plant return flows, and shall be representative of the influent to the treatment plant. 7. Effluent samples shall be taken downstream of the last addition of waste to the treatment or discharge works where a representative sample may be obtained prior to mixing with the receiving waters. 8. All monitoring instruments and devices used by the discharger to fulfill the prescribed monitoring program shall be properly maintained and calibrated as necessary to ensure their continued accuracy. 9. The flow measurement system shall be calibrated at least once per year or more frequently, to ensure continued accuracy. (12) 10. The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by impri- sonment for not more than. six months per violation, or by both. C. Reporting Provisions for Mon itoring 1. For every item of monitoring data where the requirements are not met, the discharger shall submit a statement of the actions undertaken or proposed which will bring the discharge into full compliance with requirements at the earliest time, and shall submit such information, in writing, within two weeks of becoming aware of noncompliance. 2. By January 30 of each year, the discharger shall submit an annual report to the Board. The report shall contain both tabular and . graphical sum- maries of the monitoring data obtained during the previous year. In addition, the discharger shall discuss the compliance record and the corrective actions taken or planned which may be needed to bring the discharge into full compliance with the waste discharge requirements. 3 The discharger shall retain records of all monitoring information, including all sampling and analytical results, all monitoring equipment calibration and maintenance records, all original strip charts from con- tinuous monitoring devices, all data used to complete the application for this order, and copies of all reports required by this order. Tht' sampling and analytical records shall include the exact location, date - ' -1 and time of sampling; the analyst's name, and the analytical techniques - used. Such records shall be retained for a period of at , least three years f rom the date of the sample, report, or application. This period., of retention shall be extended during the course of any unresolved litigation regarding this discharge or by the request of the Board. 4. The discharger shall file with the Board technical reports on self- monitoring work performed according to the detailed specifications con- tained in any Monitoring and Reporting Program or as directed by the Executive officer. 5 . Discharge monitoring data shall be submitted to the extent possible on preprinted Discharge Monitoring Report forms to be supplied by the Board and EPA. -Other specific reporting formats which may include magnetic tape, punched cards or direct computer entry may be pre'scribed at a later date. Unless otherwise specified, discharge flows shall be reported in terms of the 30 -day average and the daily maximum discharge flows. The results of all monitoring required by this order shall be reported to the Board, and shall be submitted in such a format as to allow direct comparison with the limitations and requirements of this order. 6. The results of any analysis of samples taken more frequently than required at the locations specified in the Monitoring and Reporting Program shall be reported to the Board. 7. The discharger shall submit to the Board, by January 30 of each year, an annual summary of the quantities of all chemicals listed by both trade and chemical names which are used for cooling and/or boiler water treat- ment and which are discharged. 8. The discharger shall mail a copy of each monitoring report on the appropriate form to be supplied by the Board and any other reports required by this order to: a. California Regional Water Quality Control Board Santa Arfa Region 6809 Indiana Avenue, Suite 200 Riverside, CA 92506-4298-- b. A -copy of such monitoring report for those discharges designated as a major discharge shall be mailed to: Regional Administrator Environmental Protection Agency Region 99 Attention; C -A -CMR (W-3-1) 215 Fremont Street San Francisco, CA 94105 D. General Reporting Provisions 1. All applications, reports, or information submitted to the Regional Board shall be signed and certified in accordance with 40 CFR 122.22. 2. The discharger shall submit to the Board on or before each compliance report date, a report detailing his compliance or noncompliance with the specific schedule date and task. 3. if noncompliance is being reported, the reasons for such noncompliance shall be stated plus an estimate of the date when the discharger will be in compliance. The discharger shall notify the Board by letter when compliance with the time schedule has been achieved. 4. The discharger shall furnish, within a reasonable time, any information the Regional Board or EPA may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this order. The discharger shall also furnish to the Regional Board, upon request, copies of records required to be kept by this order. (14) 5. The discharger shall file with the board a report of waste discharge at least 120 days before making any material change or proposed change in the character, location, or volume of the discharge. 6. The di charger shall give advance notice to the Regional Board as soon as pos:ible of any planned physical alterations or additions to the per- mitted facility. 7. The discharger shall give advance notice to the Regional Board of any planned changes in the permitted facility or activity that may result in noncompliance with these waste discharge requirements. 8. Noncompliance Reporting (a) The discharger shall report any noncompliance that way endanger health or the environment. Any information shall belprovided to the Executive Officer (714-782-4130) and the Office of Emergency Service -s -(l-800-852-7550), if appropriate, as soon as the discharger becomes aware of -the circumstances. A written report shall be sub- mitted within 5 days and shall contain a description of the non- compliance and its cause; the period of noncompliance, including ,exact date$ and times and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoc- currence of the noncompliance. (b) The following shall be included as information that must be reported within 24 hours under this paragraph: i. Any unanticipated bypass that exceeds any effluent limitation in, - this order. ii. Any upset that exceeds any effluent limitation in this order. iii. Any violation of a maximum daily discharge limitation for any of the pollutants listed in this order. (c) The Regional Board may waive the above -required written report on a case-by-case basis. 9. The discharger shall file a written report with the Board within ninety (90) days after the average dry - weather waste flow for any month equals or exceeds 75 percent of the design capacity of his waste treatment and/or disposal facilities. The dischargerls senior administrative officer shall sign a letter which transmits that report and certifies that the policy making body is adequately informed about it. The report shall include: (15) a. Average daily flow for the month, the date on which the instan- taneous peak flow occurred, the rate of that peak flow, and the total flow for the day. b. The discharger's best estimate of when the average daily dry�-weather flow rate will equal or exceed the design capacity of his facili- t i e s . C. The discharger's intended schedule for studies, design, and other steps needed to provide additional capacity for this waste treatment and/or disposal facilities before the waste flow rate equals the capacity of present units. (Reference: Sections 13260, 13267(b), and 13268, California Water Code.) 10. The discharger shall provide adequate notice to the Regional Board of: a. Any new introduction of pollutants into the POTW from an indirect discharger that would be subject to Sections 301 or 306 of the Clean Water Act if it were directly discharging those pollutants. b. Any substantial change in the volume or character of- pollutants being introducted into that POTW by a source introduci ng pollutants into the POTW at the time of issuance of'this order. Adequate notice shall include information on the quality and quantity of effluent introduced into the POTW as well as any anticipated impact of the change on the quantity or quality of effluent to be discharged from the-POTW. 11. The discharger shall file with the Board within n inety (90) days After the effective date of this order a technical report on his preventive (failsafe) and contingency (cleanup) plans for controlling accidental discharges and for minimizing the effect of such events. The technical report should: a Identify the possible sources of accidental loss, untreated waste bypass, and contaminated drainage. Loading and storage areas, power outage, waste treatment outage, and failure of process equipment, tanks, and pipes should be considered. b. Evaluate the effectiveness of present facilities and procedures and state wnen they become operational. Describe facilities and procedures needed for effective preventive and contingency plans. c. Predict the effectiveness of the proposed facilities and procedures and provide an implementation schedule containing interim and final dates when they will be constructed, implemented, or operational. (Reference: Sections 13267(b) and 13268, California Water Code.) (16) 12. All existing manufacturing, commercial, mining, and silvicultural dischargers must notify the Regional board as soon as they know or have reason to believe: �0 Id result in the a. that any activity has ' ccurred or w ill occur that wou discharge of any toxic pollutant that is -not limited in this order, if that discharge will exceed the highest of t I he following 11notification levels*" per liter (100 ug/1); One hundred micrograms Two hundred micrograms per liter (200 ug/1) for scr(>lein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2,4-dinitrophenol and 2-methyl-4,6-dinitrophenol; and one milligram per liter (I mg/1) for antimony; Five (5) times the maximum concentration value reported for that pollutant in the permit application; or (iv) The level established by the Regional Board in accordance with 40 CFR 122.44(f). b. that th . ey have begun or expect to begin to use or manufacture as an intermediate or final product or byproduct any toxic pollutant that was not reported in the permit application. 13. Except for data determined to be confidential under Section 308 of the Federal Water pollution Control Act, all reports prepared in accordance with terms of this order shall be available for public inspection at the� offices of the Regional Water Quality Control Board and the Regional Administrator of EPA. As required by the Federal Water PollutiotV Control Act, effluent data shall not be considered confidential.'.11" Knowingly making any false statements on any such report may result in' the imposition of criminal penalties as provided for in Section 309 of the Act and Section 13387 of the California Water Code. - 14. The CWA provides that any person who knowingly makes any false statement,': representation, or certification in any record or other document sub mitted or required to be maintained under this permit, including moni- toring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine I of not more than $10,000 per violation, or by imprisonment for not more than 6 months per violation, or by both. E. Definitions 1. The daily mass emission rate is obtained from the following calcula- tion for any calendar day: n rate (lbs/dav) 8-34 Daily mass emisSiO N i=1 Qi Ci N n rate (kg/day) 3-78 Qi Ci Daily mass emiss10 N in which N is the number of samples analyzed in any calendar day. Qi and Ci are the flow rate (MGD) and the constituent concentration (mg/1) respectively, which are associated with each of the N grab samples which may be taken in any calendar day. (17) If a composite sample in taken, Ci is the concentration measured in the composite - sample - and Qi is the- average flow rate occurring during the period over which sample@ are composited. The daily concentration of all constituents shall be determined from the flow -weighted average of the same constituents in the combined waste streams as follows: 1 N Daily concentration - Qt Z Qi Ci jul in which N is the number of component waste streams. Qi and Ci are the flow rate (MGD) and the co;nstitute concentration (mg/1), respective- ly-, which are as - sociated with each of the N waste streams. Qt is the total flow rate of the combined waste streams. 2. The "30 -day, or 7 -day, average" mass emission rate is the total mass emission rates by weight during a 30, or 7o consecutive calendar day period, respectively, divided by the number of days in the period that the facility was discharging. Where less than daily sampling is required by- this permit, the 30 -day, or 7 -day, average discharge shall ,be detemined by the summation of all the measured mass emission rates by weight divided by the number of days during the 30, or 7, con- secutive calendar day period when the measurements were made. For other than 7 -day or -30 -day periods, compliance shall be based upon the average of all measurements made during the specified period. 3. The "daily maximum" discharge means the total discharge by weight during any calendar day. 4. The "30 -day, or 7 -day, average" concentration, other than for fecal or total coliform bacteria, is the arithmetic mean of measurements made during a 30, or 7, consecutive calendar day period, respectively. Th e 1130 -day, or 7 -day, average" concentration for fecal or total coliform bacteria is the geometric mean of measurements made during a 30, or 7, consecutive calendar day petiod, respectively. -The geometric mean is the nth root of the product of n numbers. 5. The "maximum daily" concentration is defined as the measurement made on any single grab sample or composite sample. 6. A "grab" sample is defined as any individual sample collected in less than 15 minutes. 7. A composite sample is defined as a combination of no fewer than eight individual samples obtained over the specified sampling period. The volume of each individual sample shall be proportional to the discharge flow rate at the time of sampling. The compositing period shall equal the specific sampling period, or 24 hours, if no period is specified. California Regional Water Quality C , pro, rd - 41" r Santa Ana Region <� Ip Monitoring and Reporting Pro r 0 -31 for -4. Balboa Boat Re als Orange Co y Quarterly, by the last f ary, April, July,- and October, a report shall'b mitt -2. The discharger shall i de *n Is reoprt the.fdllowing: a. The date of the ort. b. A certifying sta t ether wastes discharged are in compliance or n iance with all conditions of the W ' ater Polld'b4on trol Plan and the reasons for noncompli if compliance -is reported. _c. Alog 9 volume, type of waste-, the name, and the a ss f the -hauler for each waste originating -from e boat leaning operation. or'c a h ia tro ,)�Vn L Lf comp p Zw C i ss t �ie%boatle 3. The r I I be signed by a responsible company official or a d4ay H. zed employee and.submitted under penalty of perj^. r%v-A 14 V-1 (19) JAMES R. BENNETT Executive Officer April 7. 1988 STATE OF CALIFORNIA -CALIFORNIA REGIONAL WATER QUALITY CONTROL BOAR SANTA ANA REGION 6809 INDIANA AVENUE, SUITE 200 RIVERSIDE, CALIFORNIA 92506 PHONE: (714) 782-4130 March 8, 1988 GEORGE bEUKMEJIAN, Governor 7, o AL 1> 4-0' Environmental Protection Agency - Peridi—ts and Pretreatment Section (W-5-1) U.S. Army District, Los Angeles, Corps of Engineers - Permits Section ' U.S. Fish and Wildlife Service NOAA, National Marine Fisheries Service State Water Resources Control Board Ted Cobb, Of f ice of the Chief Counsel State Water Resources Control Board Archie Matthews! Division of Water Quality State Department of Water Resources State Department of Fish and Game - Marine Resources Region State Department of Health Services - Santa Ana Orange County Environmental Management Agency - Regulations Orange County Health Department Orange County Water Di s' rict City of Newport Beach7 WASTE DISCHARGE REQUIREMENTS FOR BALBOA BOAT RENTALS LOCATED AT EDGEWATER & PALM IN THE BALBOA AREA OF ORANGE COUNTY, ORDER NO. 88-31 (NPDES No. CA 8000102) Gentlemen: Enclosed is a copy of tentative Order No. 88-31, NPDES No. CA 8000102, which contains waste discharge requirements for the proposed discharge of wastewater from the above -referenced boat yard to Lower Newport Bay. This order is scheduled for consideration at the Board's April 7, 1988, meeting. Please provide your comments before April 7, 190-8. If you have any questions, please contact Joanne Lee of our Regulations Section. Sincerely, 11t*Vn'ed By Gerard J. Thibeault Supervising Engineer Enclosure: Tentative order No. 88-31 JPL Wbol-%T En&eering, 'Luic. CIVIL ENGINEERING i:i LAND SURVEYING 150 Paularino, Suife 132 Cosfa Mesa, CA 92626 LETTER OF T R A N S M I T T A L (714) 540-0224 TO: ATTN: SENTBY: El Mail /X Messenger ENCLOSED MATERIAL: jb XBlueprinfs Other 0 Original DESCRIPTION: DATE: II, - 14- - e: -e,' PROJECT: PIE PROJECT NO. REASON SENT: El Per your request El For your use X, Review & Comment El Other REMARKS: A'�/ rz COPIES TO: TRANSMITTED BY: (:�Zor3 'IS.T < 0�lp i L REMARKS: A'�/ rz COPIES TO: TRANSMITTED BY: (:�Zor3 'IS.T AXT WILLIAM M. SIMPSON CONSULTING STRUCTURAL ENGINEER 2222 NEWPORT BLVD. NEWPORTBEACH, CALIF. 92663 U.S.A. (7i 4) 675-6110 December 5. 1985 Woolsey Engineering Inc. 18001 Sky Park Cir. Suite K Irvine, CA 92714 RE: Condition Report For Edgewater Place Between Adams & Palm St's Our Job #3727 Gentlemen,, A site visit was made to the Bulkhead in question on Oct. 15, 19,85 at low tide for the purpose of preparing the condition report as per the Planning Commission requirements. The Bulkhead is approximately 1201 in length. The Bulkhead is purported to have been installed in 1968. The exposed face of bulkhead piles, is in excellent condition showing no stress cracks,, spalls ' or signs of deterioration or bursting due to rusting of reinforcing. Pile caps have shrinkage cracks but these are considered to have caused,no structural deficiency. It is my opinion that the Bulkhead is entirely suitable and acceptable for� its present usage and should prove satisfactory for a considerable period of time. tfully submitted, William M. Simpson MS/ab CITY OFNEWPORT BEACH P.O. BOX 17 68, N EWTORT BEACH, CA 92663-3884 February 22, 1985 Balboa Landing 119080 San Vicente Blvd, Ste 902 Los Angeles, CA 90049 Dear Sir: A check of the City's Harbor Permit files has revealed that the permit for the pier and float at 511 Edgewater, Newport Beach is registered to Golden West Loan Co. A transfer application must be completed and a transfer fee paid each time the permit has changed ownership. Chapter 17.24.030 of the Municipal Code addresses the transfer of a permit and reads as follows: "No person shall transfer a permit for a pier, float or similar structure granted under the provisions of this. chapter without prior written approval of the City". Failure to pay the transfer fees can be grounds for revocation of the Harbor Permit in accordance with Chapter 17.24.090 of the Municipal Code. Your cooperation in bringing this permit up to date will avoid any action by the City. Yours truly, Ile OF Tony Melum Tidelands Administrator WWI 3300 Newport Boulevard, Newport Beach A 7- - OS-/ / JEFFER, MANGELS & BUTLER A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW FOURTH FLOOR 1900 AVENUE OF THE STARS Los ANGELES, CALIFORNIA 90067 (213) 203-8080 May 14, 1984 BY EXPRESS MAIL Mr. Anthony Mello Marine Department City of Newport Beach c/o City Hall 3300 Newport Boulevard Newport Beach, CA 92663 Re: Transfer of Permit for Balboa Bayview Marina Dear Mr. Mello: I enclose herewith the application card and permit fee for the transfer or issuance to Golden West Loan Company, a California limited partnership, of the permit for the marina facility abutting the property at 309 Palm Street. Golden West Loan Company acquired the ground lease interest in the property by a trustee's foreclosure sale. Consequently, we are unable to obtain the signature of the previous owner of the leasehold, Balboa Bayview Development Company, Inc. As evidence of Golden West Loan Company's ownership, I am enclosing the copy of the Trustee's Deed Upon Sale which was recorded in the official records of Orange County on November 14, 1983, as Instrument No. 83-523015. If you have any questions regarding the enclosed documents or this letter, please do not hesitate to call me. Ve/ry truly yours, Je S tei er of *Jefer, Mangels & Butler JS: iah Enclosures xc: Mr. Alexander Spitzer Mr. Joel Schultz LMD TITLE COaAA., RECORDING REQUESTED BY STANDARD SERVICE CORPORATION AND WHEN RECORDED MAIL TO Standard Service Corporation 21031 Ventura Blvd. Ste. 1007 Woodland Hills, CA 91364 83-523015 Recorded at the requnt of UNION UND TinE COMPANY 8:00 NOV141983 A.M. official Records Ovente Coumir. CoNtomis $6.00 C>�q a Recorder Co.— —MIC T— I ..0 en. I... The undersigned declares: 1) The grantee herein (was) (WXSM) the foreclosing beneficiary 2) The amount of the unpaid debt together with costs was ............... S 18,375.47 3) The amount paid by the grantee at the trustee's sale was ............. 1 $ g,375.47 4) The documentary transfer tax is ................................... I 5) Said property is in unincorporated area: (X ) City of Newport Beach county of Orange . By' Eugene EphraV MADAM SERME 'OrEE'S DBM UPON SALE Loan No: 70083 TRUSL T.S. NO: 2621-6 This Indenture is made with reference to the Deed of Trust hereinafter described and is made between STANDARD SERVICE CORPORATION, a California corporation (herein called Trustee), and the Grantee hereinafter named. TRUSTOR: Balboa Bayview Development, Inc., a.California Corporation BENEFICIARY": Golden West Loan Company, a Limited Partnership Recorded Jul 9, 1982 as instr No 82-237581 in. book n/a page n/a of Official Records in the office of the Recorder of Orange said deed of trust describes the following property: as per Exhibit "A" attached hereto and made a part hereof This document filed for recording by. Union Land Title Company, Inc., as an accommodation only. It has not been examined as to its execution of as to its effect on the title. �sident County; Whereas, the above named trustor did, by the trust deed referred to above, grant and convey to the trustee named therein, the property hereto. fore describe d to secure, among other obligations, payment of a note or notes with interest according to the terms thereof and Whereas, the holder of said note did execute and deliver to trustee written declaration of default and demand for sale and notice of default and election to cause the undersigned to sell said property which notice was Recorded NOV 116, 1982 as instr. No. 82-401810 in book n/ a page n/a of said Official Records. Thereafter. a notice of trustee s sale, stating that said trustee would sell the above described property at public auction to the highest bidder for cash on May 20, 1983 and subsequently sold on November 4, 1983 at 11:00 AM, at the south front entrance to the Orange County Old Courthouse, 211 W. Santa Ana Boulevard, City of Santa Ana, State of California. (V MAIL TAX STATEMENTS TO THE ADDRESS SHOWN ABOVE 83-w _:Z:7 - said notice was posted for not less t. wenty days before e �tb sale therein fixr.,-, -.is follows: In one public place in the said Uty yf Santa Ana, County of Orange, State of California wherein said property was to 6e sold, to wit: on a bulletin board located on the first floor of the Orange County Courthouse, Santa Ana, Ca. and also in a conspicuous place on said property to be sold', and said Trustee did cause a copy of said Notice to be published once a week for twenty days before the date of sale therein fixed in Orange Coast Daily Pilot a newspaper of general circulation printed and published in the city or district in which said real property is situated, the first date of such publica- tion being April 28, 1983; May 5, 1983 ;and May 12, 1983 Whereas, copies of said recorded Notice of Default and of said Notice of Sale were mailed, served or published in accordance with Section 2924b of the Civil Code to or upon all those who were entitled to special notice of said sale as in said section provided: and Whereas, all applicable statutory provisions of the state of California and all of the provisions of said Deed of Trust have been complied with as to acts to be performed and notices to be given; and Whereas, Trustee did at the time and, place of sale fixed as aforesaid, then and there sell, at public auction, to said Grantee. being the highest bidder therefor. the property hereinafter described, for the sum of $ '18,37 : 5.47 paid in cash, lawful money of the United States by the satisfaction of the indebtedness then secured by said Deed of Trust. Now. Therefore, Trustee, in consideration of the premises recited and of the sum above mentioned bid and paid by Grantee, the receipt whereof is hereby acknowledged, and by virtue of the authority vested in it by said Deed of Trust, does, by these presents GRANT AND CONVEY without any covenant or warranty, express or implied all that certain property herein before described, to This document filed for recordIng ffy, Golden West Loan Company, a Limited Partnership Union Lind Title C-_�m,-a;,.y, Inc., as an accommoclajol-I ,ty. It rlot been examined as t,, it:; - ,xecution or In Witness Whereof, the undersigned caused its corporate name and seal to be hereunto affixed DS to its effect on the title. STANDARD/�ERVICE CORPORA/T�ON a Calif&mi-a Corporafic,D" Dated November 7, 1983 By Eugene "Ephr at, pf-esident By STATE OF CALIFORNIA COUNTY OF Los Angeles SS On November 7, 1983 before me, the undersigned, a N!,tary Public in and for said State, personally appeared Eugene Ephrat known to me to be the President. and known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to �ts by-laws or a, resolution of its board of directors. WITNESS my hand a 11 eal.� OFFICIAL SEA S R WYLY IC - CALIF PNIA Signature NOTARY PUBLIC LOS ANGELES COUNT1 S,. R.- y My comm. exilkes MAR 2, 1984 (This area for official notarial seal) Cn Z 0 W W CL W li- M C P, 0 L.0 (Al W 0 83-5230,15' EXHIBIT "A" A Leasehold estate under that certain lease dated November 13, 1978 and recorded December 13, 1979 in book 12961, page 148, Official Records, by and between Roland Frank Vallely and Vivian'muriel-Vallely, his wife, not individually or personally, but solely as Trustee ?f the Vallely Family Trust, created by Trust Indenture dated March 3f 1972, as Lessor, and Fun Zone Development, a California corporation, as Lessee covering that certain real property located in Orange County and legally described as follows: PARCEL 1: ' Lots 2, 3 and 10, the Easterly 1 foot of Lot 4 and the Easterly 1 foot of Lot 5 and all of Lot 11, except a strip . 1 foot wide of tHe Easterly side of the Southerly So feet of said Lot 11, . all in Block 3 of Balboa Bayside Tract, in the City of Newport Beach, County of Orange, State of. California, as per map thereof recorded -in book 4, page 78 of Miscellaneous Maps, records of said orange County. PARCEL 2: Beginning at the Northeast corner of Lot 2 in Block 3 of ' Balboa Bayside Tract, in the City of Newport Beach, County of Orange, State of California, as per mapthereof recorded in book 4, Page 78 of Miscellaneous Maps, records of said Orange County, and running th nce Northwesterly along the Northeasterly line of said Block 3 to the Northwest corner of the Easterly 1 foot of Lot 4 in said Block 3; thence Northeasterly along the Northeasterly prolongation of the Northwe:terly line of the Easterly 1 foot of said Lot 4 in Block 3 to its intersection with the line of ordinary high tide of the Pacific Ocean in Newport Bay as established by decree rendered November 5, 1928 in the Superior Court of California in and for Orange County, a certified copy of I which decree was recorded November 9, 1928 in book 215, page 160 of Official Records; thence Southeaster'ly along said tide line td its intersection with the Northeasterly prolongation of the Southeasterly line of said Lot 2; thence Southwesterly along the prolongation of said Southeasterly line of said Lot 2 to the point of beginning. PARCEL 3: Lot 1 in Block 3 of the Balboa Bayside Tract, in the City of Newport Beach, County of'Orange, State of California, as per map thereof !:recorded in book 4, page 78-of.Miscellaneous- Maps, r . ecords of said Orange County. PARCEL 4: Beginning at a point on the Easterly line of Lot 23 in Block "A"�of.Bayside,.in.the City of Newport Beach, County of Orange, Statd of California, as per map thereof recorded in book 3, page 38 of Miscellaneous Maps, records of said Orange County, which point is 72 feet Northerly from the Northerly line of Bay Avenue; thence Westerly at right angles 30 feet; thence Northerly parallel with Palm Street, as 0 L. a 0 shown on said map to the meander line of S.m. Finely's survey of public land in Section 33, Township 6 South, Range 10 West, S. B. B. & W., and z: Up adjoining property; thence Easterly along said meander line to the Westerly line of Palm Street -and thence Southerly on said.Westerly 1 ine of Palm Street to the point of beginning. 0 0 J .2 0 0 PARCEL 5:, That certain parcel of land situated in Section 33�,:: Township U 'T 6. South, Range 10 West, S. B. B. a W., J - r. the'City of Newport Seach, C 0 Q County of orange, State of California, described as follows: 0 _J ea X = 0 c -e 0 ?4 Q Beginning at the Northwest corner of Lot'l Block 3 of the Balboa Bayside Tract, as per map thereof recorded in book 4, page 78 of Miscellaneous Mapst records -of said Orange County; thence N ..qTtheasterly_._alonq - the Northeasterly prolongation of the Northwesterly line of said Lot 1 to its intersection with the line of ordinary high tide of the Pacific Ocean in Newport Bay, being the line of ordinary high tide established and described in decree of the Superior Court of Orange County in Action No. 23679 entitled "City of Newport Beach, plaintiff, vs. The First National Bank et al, defendants" a certified copy of said decree recorded in book 215, page 160 of Official -Records; thence Southeasterly (South 510 201 13" East) along the said tide line to its intersection with the Northeasterly prolongation of thd Northwesterly linesof Palm Street in the City of Newport Beach, thence Southwesterly along said prolongation of the Northwesterly line of Palm Street to its intersection with the Southeasterly prolongation of the Northeasterly line of said Block 3; thence Northwesterly along a straight line to the point of beginning. ItEcORLIED III OFFICIAt "q -120S rif ORANGE C001y. CALIFORT41A RECORDINGREQUESTED BY AND MAIL TO: pM APR29 '81 .RUTAN & TUCKER LEE A. BRA?W4. COWY,RtcOrdef 610 Newport Center Drive Suite 900 Newport Beach, Ca 92660 ATTN: Lawrence Bertino CON -FORMED COPY Not Compared with Original ASSIGNMENT OF LEASE The undersigned JULES RICKLESS, for good and valuable con- sideration hereby assigns'to BALBOA BAYVIEW DEVELOPMENT, INC. that certain lease of real estate located in the City of Newport Beach.,California, a copy of which lease is attached hereto as Exhibit "A", with all rights therein passing to Assignee for the remainder of the term of said lease. Signature of Assignee below shall constitute acceptance of this Lease Assignment. ASSIGNOR: JUff R10-KLESS ASSIGNEE: BALBOA BAYVIEW DEVELOPMENT, INC. By: duv R.ICKLESS, President STATE OF CALIFORNIA ss. COUNTY OF ORANGE On April 21, 1981, before me, the undersigned, a Notary Public in and for.said State, personally appeared JULES RICKLESS, known to me to be the Person whose name is,subsdribed to thewithin instrument and,acknowledged to me that JULES RICKLESS executed the same,. WITNESS my hand and official seal. OFFTCIAL STEAL NOT"YARY PUBLIC KATHERINE B DANSER NoTfPY otiw or � B11 1JECIOPCED MAIL Mzc. 29ri 1?. 48 A ICRDAN M. W AN'K 13-00 North Aveni OfF r F CRVZ-C CALIFORNIA suite 100 7Z. C9 6 Hciiy,,.�ood, Cilifornia 90029 5 2 P IA. 13 1973 �.O LEE A. L E A S E Z., P_ this day o f 1978, by and bet-,;�?en ROLAND FP�'tNK VALI,EELY :and VIVIA"J­*-i"jz�1�--r, VALLETY hi s wife, not indi -illy Stee or )rersonally_ but snitaly as I z:u C C F,amily Tru, -t crcated !:;v Trust Indenture d a d , who�-,e address is 508 Sout"n Bay F ron Balboa Al L? -- -n ira a -Iter called "Lesso -1 U Island, Cali'for Uherein� r a, d F -N ZCNE DW7;:-_-LOP_1,1;ENT�, a Ctali� a CO, ation, whose a d J re s s is, -ter "Lasse (hereinaf ca I led -7 ely M I T N E S S E T H :7 Mt� MLt Wlf_�:)EAS, Lessor is c-wner of certain rc�.:il estate, located nia, here na -4-er in Article 1 in the City of Nc%.iport Beach, Califor, efa�,cribed; and -C17. WHEREAS, Lessee desires to lease said real estate from Lessor and to improve said -)rr is willing to lease perty, and Loi-ssor the said real estate to Lessee on the terms and conditions hereinafter set forth: g, NOW, THEREFO RE: ARTICLE 1 Definitlons For the purpose of this lease, unless: the conteKt othexn.;ise requires. (a) The term "Building" or 'Euildings" shall --an the hu; ld ng struc tures and improvan, ents as said phrase is fi. de-Ein VE ez in Article 5 hereof, and all building or buildi Lng service equi:p-ment 0 'd phrase is further defined ;ri Section L9.1 hereof r fixtures as sai at any, ti -e hereafter erected� constructed or sit,_ ­ted umon the land ccm?risip.g the demiised premises, or anV part thereof, during tj_ e con- S�* Z. tinuanc6 of the term of this lease, and any ai-d all reneT,�,als and re- placem-nts of, additions to and subst;tutions fof,!ny suc� building, o building service fixtures, structure or iqproVf_­a_. 5,4--- 7 7-- (b) The "pren 0, terns ises" , "demised premises" 'leased 'X ­n;ses" shall mean and include all of the prezrises d.,mi pr ed herein, but excluding therefrosi Lessee's interest in the� "Buildiing_-". (c) The term "Institut-onal Mortga-,2e" shalil be deem. -ad to mean a bank, savinqs bank or trust company having a capital of not lesi than-FIF-1-Y rlillion Dollars i( 50 000,000.00) , r _,t insur:Ince company, �authoriz-d �o do business in the State of Cal_;-_F=A_a, or, -..;itli the con - seat of Lessor, which consent Lessor agrees not -a unrea:3on_-bjy W.j. th- hol,4, a college, university, mortgage b-an.ker, and lotan or savings a- nd loan, association or society, p2nsj,�­ elfare fund, ret-i-re-ment fund, endo­ent fund, or a frat-:2�r­21 Organization, or any F com--ination t'-ereof. 11Q J. "EXHIBIT A A _Z1 13 197 P 2 1-49 4 E,: p -al be con -n in Should the Option of First efu sun-ated with thle 34_��-ns. - hexeinbe;ore se t f orth , Lessor a g r e s to �onvey good marketable title to Lessee, by lrustee's Daed, subject. only to the exceptions sho­�m in Article 2 hereof, to judgm ts suffered or lodged against and subject acts or en Lessee. IN WITNESS WHEREOF, Lessor and Lessee have caused thes� presents to be executed the day and year first above written. ROLAND FRANK VA=ELY and VIVIAN LESSOR: MURIEL VALLELY, his wife, not individually or nersonally, but solely as Trustee of the Vallely Family Trust, created by Trust 'Indenture dated By Roland Frank Vallel By 22 ViVian Muriel Vallely LESS --E: FUN ZONE DEVELOPMENT, a California corporation P1 By 7 ;7V Ae V. -i, J" 1�4-FIVAL SZA1_ L GUIL 7 IR, N F-7 F 'Z� . . . . . . . . . . . . . . w Me 7 io, 496 1,50 d DESCRIPTIC 3 COT OF LOT 4 AN D T PAPCEL I LO S 2 �,ND 10 THE EASTERLY I -1 STDIP I FOOT C E P A EAStTRLY 1 =-,3- OF LOT 9 AN 0 ALL OF LOT 11, E T 4 OF7 TL45 EASTERL'T' SIDE OF 7;-t= SOUTH.ERLY 0 FEET OF c:Aj Loll -T, P 0 R T ALL 1 4 8 L 0 CK 3 OF EAL3n-A SAYS! -:)E T'�A,_ IN THE C11 TY OF 4- AS PER MA -P THE'.E:CF 3 A CH . C 0TJIN 7 Y 0 F OR AN G E p STATE OF CALIFOZ�NIA, E 30 C E L L,',,N E 0 U S M P- P S P E D 0 F S-A I D ;z E C, n_n. r D I 1? 41 P A. G, E 78 OF Co�' ORANGE' C 0 LN TY P'RCEL 2: G 1 NN 1 NG AT THE NORTPE,�ST 0 R NE P OF LOT 2 I� 5LCC1K 3 OF V BALBOA BAYST:�2 TRACT, IN, THE CITY OFF �:EWPO.�ZT EE'CH; COUNTY OF, OPANCE, STLT=- OF CALI FORNIA, AS RECOL DED 1N SOCK 4, PAGE 78 OF MISCELLANEOUS MAPS, RECCII OF SAID 0 RAN G E COUNTY, AN D RUNN ING LONG Ti N 0 1Z T HE A S TE R L Y LINE OF SA T�-iENCEE NORTH�riESTERLY A BLOCK 3 TO THE NORT�HWEST CORNER OF T E EASTERLY 11 FOOT OF LOT 4 IN SAID BLOCK 3; THENCE E R. LY ALONG THE NORTHEASTERLY 'P, R 0 ERLY EASTERLY 1 FOOT OF SAID LONGATION OF THE NORTHWESTE LINE OF THE LOT 4, IN BLOCK 3' TO ITS INTERSECTION WITH THE LINE OF OR D IN,^ P. y I Gh TIDE OF THE PACIFIC OCEAN IN NEWPORT BA Y AS, ESTABLISHED BY DEC7ZEE 2`3 RENDERED NOVEI-15ER 5, 1923 IN THE SUPERIOR COURT OF CALIFORNIA IN AN D FOR ORANGE C4UNTY, A CERTIFIED COPY OF WHICH DECR EE WAS RECORDED NOVEMBER 9, 1928 IN BOOK 215, PAGE 1 r. 0 OF' OFFICIAL RECORDS; THH,',�CE SOUTHEASTERLY ALONG '�,ID TIDE LINE TO ITS INTERSECTION WITH THE T OF S,"AD LOT 2; NORTHEASTEPLY PROLONGATION OF HE SOUTHEASTERLY LINE THENCE. SOUTH%JESTE�LY ALONG THE P:ZCLO�N1(-.ATICN OF SAID SOLJT�!=_�.STE:RLY LINE OF) SAID LOT 2 TO THE POINT OF BEGINNING. PARCEL 3: LOT 1 IN BLOCK 3 OF T HE -F, A L 80 A SAYS I CE TPACT, iN.THE C I Ty f7� OR A N,� r_,�,LIFOP'4 !A,- AS P E R MAP OF NEWPORT BE.'CH, COUNTY OF STATE C r OF THEREOF RECCRD�ED IN -_003K 4, PAGE 78 MISCELLAN?EOUS MAPS, RECOR()s OF SAID ORANGE COUNTY. PARCEL 4: BEGINNING AT A POINT ON THE =ASTERLY L I NE OF LOT 23 IN "M 7, 9LOCK "A" OF 3AYSIDE, IN THE CITY OF BEACH.., COUN,ly O� q ORANGE, STATE OF CALIFORN'IA, AS PER TH E E C, PEc:ORD:�D IN 0 31 PACE 38 OF MISCELLANEOUS MAPS, R E C ORD S OF SAID C.R�NGI= COUNTY, �,,'H'TCH PO INT IS 72 FEET NORTHERLY FROM T!4'_H t�ORTHEkLY LINE 0 . SAY _V�-N.NuE; `E WEST`RL.Y AT RIGHT ANGLES 3.9 F -,-Er; Tl'�F'ICE '40-7-iERLY PA7RALLEL TH E N WITH PALM ST'ZHET, AS SHOWN ON S,:,ID TO THE LINH UF S.. M. FINLEY'S SURVEY OF PUDLIC LA.ND IN SE'll'ICN )5, To,'ViNSHIP 6 SOUT'j, 7. RANGE 10 W�_�ST S . 5 . B M A ',D PROPERTY; T Y i E N CE E A S R LY ALONG SAI D MEAND�_R LINE TO T��E S TE R L Y LINE OF P) L�M S 7 rz 'NT IN WEST RLY TO F PC, THENCE SOU71'ERLY. C, SAID E. LINE 0 F PA LM STR.E� OF BEG I NN 1 .. ....... .. PARC ECTION 35, EL 5: THAT CERTAIN PARCEL OF 1 D SITUATED IN SE N TOWNSHIP r) SOUTH� RANGE 10 4ESI , S. 5. 3. M., IN T�'.E CITY OF :SCRI -D NEIWPORT BEACH, COUNTY OF ORANGE, STATE OF CALLFORNIA, D BE AS FOLLOWS: 1, -Z LOT BALBOA- BEGINNING AT THE NORT.-RqEST COPNER. OF I BLOCK OF TI�E 3 BAYSIDE.TRACT, AS PER MAP THEt'EOF RECORDED IN BOOK 4, PACE 78 OF �N E TY; THFNCE NORTH� MISCELLANEOUS MAPS, CORDS OF SAID OR, (7 CoLJN EASTEPLY ALONG THE: NORTH"_AS-TERLY PROLONGfTICN OF THE NORTHWESTEPLY LINE OF SAID LOT 1 TO ITS INT=PSECTICN '41TH THE LINHE OF oRDIHA Y HIGH TIDE OF THE PACIFIC OCEAN IN NEWP,'_RT 3AY, SEING THE LINE OF ORDINARY HIGH TIDE ESTABLISHED AND DE-qC.RlBc:-D IN DECREE OF T-1-iE R,,' N I TY SUPERIOR COURT OF Ot 4GE COUNITY IN ACTION No. 23679 El TITLEr.) C OF NE4PCRT BEACH, PLAINTI fr-F, VS. THE FIRST NArIONAL BA;,;' FT AL, p.ErREE ��ECCRD IN 3 215, DEFENDANTS" A CERTIFIED COPY OF SAID 'ED OcK THE (SOUTH 510 20' PAGE I -U-7—b'-*F OFFICIAL RECORDS _NCZ SOUT�—ASTCRLY 13" EAST) ALONG THE SAID TIDE LINE To ITS INTERSECTION WITH T E N�ORTHEASTZRLY PROLONGATIC:1 Of TH.= NORTHWESTERLY 'LINE OF PALM STREET --- R A LCN G SAID 1.4 THE CITY OF NE14PORT SEACH; THENCE �OUTH'WESTE, LY OF PALM STREET Tc) ITS 11 T PROLONGATION OF THE '!ORTHWESrERLY LIN!' 4 Ez SECTION '41TH THE SO'�'T�:E-ASTIRL',' PROLO��GATIGN OF THE 'NORT!i ASTE, _RLY �.x SAI:) 9LOCK -j�IENCE _STt:RLY ALONG A. S TRI A I G H T L I N E To :?��QPJIJHWF - ------ THE POINT OF BEGINNING. Z, IR, N F-7 F 'Z� . . . . . . . . . . . . . . w Me 7 io, 2o' I Fle 0 moo 7 ;-7j 10 - _­ :� . X/ . - 'A L �St A c, IL, .4 , 0� - "'. It 3 3 DO' -,Dot al7d C, VICINITY SKETCH NF-VVPOPT E5AY, CALIFORN,A . ....... . /A/ 5A 15 C 36 4� '50 1461all 000q A,, te 4f 7,6 Ik 7117, % !,6 % 14! 1 r� A 5 5-- J T 11c:11000 CIO 57��7 0 y BUYERS' NAME(S) ii, ADDRESS OF FACILITY: PER 01%. p MAILING;ADDRESS 3-04PZ110 TELEPHONE No. FEE CHECK N Stkwod.t -,Balboa APPROVED BY: DATE APPLICATION IS -HEREBY MADE TO IKAN5FER HARBOR PERMIT OCHDLI T.H.1-'C"PARY > t"J'4�. �41'� I kG SELLERS' NAME(S :BUYERS! �NAME(SY I COUNCIL (ABOVE NAMES, TO YPED) I 7,_ PURLJ�,� ORKSE SIGNATURE -OF SE ER SIPNATURE-OF.BUYER P. [[,'�:ESCROW SIGNATURE OF SELLER URE OF BUYER INSPECTION SIGNATURE bF:40INT'6*NER��e7 APPLICATION APPROYED; (DATE) CI— -Am"ufc'iL;uUItI)INATOR SPECIAL CONDITION OF THE MUNICIPAL DANCE WITHTITLE 17 CITY OF NEWPORT BEACH, CALIF. WX FORM 66-1013 REV. Ag ...... 7 y. PERMIT qW. UD E NO. CHECK NO. DATE 7 BY MADE TO TRANSFER HARBOR PERM All 4 BU (ERS' NAME(S� '(ABOVE NAMES TO BE TYPEDi "T, 7 , I I T ft 7 --------------- SPE'CIAL,CbNt)ITIONS,i THis: OF THE MbNIJcIPAL "i CIT'X�mAtclsum U0 ROINATOR VOC-ABLtBY UOUNCIL IN ACCORDANd- Tj E CITY OF NEWPO EACH. WX FORM 66-'013 REV'r D�CUIIL)Ud DdYVIE2W P() CITY OF NEWPORT_ -BEACH June 6, 1980 Mr. F. R. Werner Box 802 Balboa, CA 92661 Dear Mr. Werner: Mr. Bob Wynn, City Manager,, City of Newport Beach, has asked that I re-. spond to your letter to him;of May 28, 1980, regarding Harbor Permit #112-507 and #112-604. I would like to address each one of the concerns you raised in your letter as they appeared. 1. Coastal Permit P-79-4657 conditions. The Marine Department has not enforced Coastal Commission conditions that were not also required by the City of Newport Beach Municipal Code or the City of Newport Beach Harbor Permit Policies. Therefore, we would not follow up to see that, the permittee is making "four inland most docks available to the general oastal public." I spoke with Mel Carpenter's office of the South Coast C Commission, and they informed me that the Commission enforces its condi- tions, once notification of possible violations have been received. Parking requirements are set out in the Newport Beach Harbor Permit Policies. This particular permit requires fifteen (15) spaces, which are currently provided. The Harbor Permit Policies do not specifically require that receptacles for trash be provided by commerical marina operators. However, they do require that the permittee maintain the permit area, free from.debris. This problem will be discussed with the permittee to see what measures can be taken to control the situation. 2. City of Newport Beach Harbor Permit #112-604, required City Council approval prior to it being issued. This included the parking requirement. The Marine Department staff report indicated to the City Council that the applicant had -reviewed their parking proposal with -the Planning Commission City Hall 3300 Newport Botilevard, Newport Beach, California 92663 Mr. F. R. Werner Page -2- June 6, 1980 at its study session on October 19, 1979, The proposal at that time was to provide offsite parking at a lot between Palm and Adams streets. This proposal had been approved by the Traffic Division of Public Works Depart ment, the Community Development Department and the Marine Department and was subsequently approved by the Planning Commission and City Council. The City of Newport Beach map, that you mention, indicated where the park- ing might be located, should the uplands be redeveloped, but designation of this area for parking was not a condition of the permit, as issued. .The applicant was originally required to provide seventeen (17) parking spaces. However, since they were required.to make four (4) slip spaces available to the general public, the seventeen (17) spaces were reduced to fifteen (15) by the Marine Department. The concerns raised in the letter relating to "s . kiffs, dingies, etc." has been discussed with the applicants, who have assured, the Marine Depart- ment that they are in compliance. Staff will follow up to insure compli- ance. Liveaboards are not specifically prohibited by the Municipal Code, nor the Harbor Permit Policies, except in residentially zoned areas. The "no liveaboard" condition was placed on the permit at the urging of the Re- gional Water Qual.ity Control Board. The applicant has indicated that they have allowed one liVeaboard in the marina for security reasons, with the verbal approval of the Regional Water Quality Control Board. The appli- cant will provide the Marine Department with written evidence of this ap- proval and only one liveaboard will be allowed. 3. Permit #112-507. The applicant has indicated to the Marine Depart- ment that only two spaces are being,leased. Restrooms are provided for , this marina at the same location as the marina under Permit #112-604. Staff has inspected these facilities and they are adequate. The parking at the Palm and Adanis street lot appears adequate for the additional parking needs, in that there are twenty-six (26) spaces, with fifteen (15) committed to the marina, under Permit #112-604. This would leave eleven (11) spaces for use of the marina, under Permit #112-507. I hope this has addressedeach of.your concerns, and if I can be of further Mr. F. R. Werner June 6, 1980 assistance in this regard, please call 640-2156. DAVE HARSHBARGER, DIRECTOR MARINE DEPARTMENT llamzTony Mel Um Tidelands Administrator TM:ak cc Jackie Heather Bob Wynn Donald Strauss Evelyn Hart Paul Hummel Ruthelyn Plummer John Cox Philip Maurer jim Hewicker Mel Carpenter, Page -3- CITY OF NEWPORT BEACH MARINE DEPARTMENT June 4, 1980 TO: CITY MANAGER FROM: Tony Melum, Tidelands Administrator SUBJECT: ATTACHED LETTER FROM CONCERNED BALBOA MERCHANTS Dave Harshbarger has asked that I respond to the attached let ter from concerned werchants along Bay Front in Balboa regarding Harbor Pernifts #M-604 and #112-507. 1 would like to deal.with each issue pointed out in the letter in the order in which it was raised. 1. Coastal Commission conditions on Coastal Permit #P-79-4657. Prior to the City issuing Permit #112-604, the applicant had to.procure a permit from 'the Coastal Comm4ss'iorv. The Coastal. permit was. issued and included the conditions as outlined in the attached letter. On June 3, 1980, 1 spoke with the Coastal Commission's Mel Carpenter and he indicated that the Commission enforcesits con- ditions, once notified of failure to comply. The Marine Department has not en- forced Coastal Commission conditions that were not also.required by our Munici- pal Code or Harbor Permit Policies. Therefore, we would not follow up to see if the applicant was in fact making "four inland most docks available to the general public." We would, however, require that parking- be available as pre- scribed by the Harbor Permit Policies. In this case, fifteen (15) spaces are required, which are currently being provided. The problems of trash dumping is in violation of the Municipal Code and will be follwed up with the applicant. 2. Permit #112-604, as originally approved, required seventeen (17) parking spaces. The Harbor Permit Policies state that 3/4 of a parking space must.be provided for each slip. As there were twenty-three (23) slips, the following formula indicated the necessary parking: 23 x 3/4 = 17. Since the applicant was not able to lease out four (4) of the slips, as a condition of the Coastal Commis- sion Permit, the parking was reduced to fifteen (15) as follows: 23 - 4 = 19 19 x 3/4 = 14.25 or 15 The "City of Newport Beach Map," which accompanied the permit application, indi- cated the required parking would be in the adjacent uplands. This was to be the plan when the uplands are eventually redeveloped. As an interim solution, the applicant proposed offsite parking in a lot between Palm and Adams streets. This City Manager June 4, 1980 Page -2- had the approval of the Traffic Division of Pu blic Works Department, the Com- munity Development Department and the Marine N!partment. Staff has recently re- viewed this parking situation in the field. There are the required spaces and it appears to be working. The concerns raised in the letter relating to "skiffs, dingies, etc." has been discussed with the applicants, who have assured the Marine Department that they are in compliance. Staff will follow up to insure compliance. Liveaboards are not specifically prohibited by the Munictpal Code, nor the Harbor Permit Policies, except in residentially zoned areas. The "no liveaboard." con- dition was placed on the permit at the urging of the Pegional Water Quality Control Board. The applicant has indicated that they have all ' owed one liveaboard in the marina for security reasons, with the verbal approval of the Regional Water Quali- ty Control Board., The applicant will provide the Marine Department with written evidence of this approval and only one liveaboard will be allowed. 3. Permit #112-507. The applicant has indicated to the Marine Department thatihis marina is still essentially not a commercial marina, since only two (2) spaces are being leased. Restrooms are provided for this marina at the same location as the marina under Permit #112-604. Staff has inspected these facili- ties and they are adequate. The parking at the Palm and Adams street lot appears adequate for the additional parking needs, in that there are twenty-six (26) spaces, with fifteen (15) committed to the marina, under Permit #112-604. This would leave eleven (11) spaces for use of the marina, under Permit #112-507, and the adjacent business. In conclusion, the parking in this area for all business and residential use is tight, but thereare sufficient committed spaces available for the marina use. The restrooms are provided and adequate. The liveaboard, situation ' trash, and roomfor dingies and skiffs will be followed up with the applicant. Tony Melum Tidelands Administrator TM: ak attch City of Newport Beach Mx. Bob Wynn, City Manager ,3300 Newport Boulevard Newport Beach, California. 92663 ----------------------------------- California Coastal Commission South Coast Regional Commission 666 East Ocean Boulevard Suite: 3107 P.O. Box: 1450 Long Beach.. California. 90801 Gentlemen: '.'I � I�J C'M 0� co We are a group of merchants located along the Bay Front in Balboa, California who have a areat investment in this area and would like to see the area upgrade d and maintained in a way that brings credit to our community. When a new business comes into the area, or a merchant improves their business, we cheer them on, as any imDrovement in the area indeed helps all of us. i,;e were of this attitude when the Fun Zone sold and the parcel to it's West was leased. Not one of us sent in an objection when they requested improvements on their properties, but in fact cheered the proposals on both parcels as long overdue. But sinc e then many r' items of non compliance with the orders of the City of Newport Beach and the Coastal -Commission have been very evident and n,ot to the benefit of the Balboa area. They are as follows: 1 Coastal Commission application P-79-4657, a copy is enclosed, orders that, and I quote: "That the four inland most docks on the easterly section of the Marina shall be open to the general public during the hours of operation and shall not be leased out, and that tly the availability of these to the 'general public shall be prominent - posted", and going on and quoting item 2: "that ten of the 26 spaces C, of the appurtenant parking spaces shall be available for patrons or lessors of the marina on a permit/validation basis. As far as we can assertain, nonZo f the above is being complied with. Also, there are no provisions for trash dumping from the boats, with the end result a real pigp pen in the area. It is compounded by liveaboards on the boats. 2: Reference the City of Newport Beach Harbor Permit No: 112-604 17 parking of August 27, 1979, a copy is enclosed, item # 2 calls for C� spaces as shown on the City of Newport Beach Map, which is also enclosed. This area is not being used for parking, but in fact the building on that parcel was recently remodeled instead of beina demolished for parkina, as shown. Regarding item # 2, relating to skiffs, dingys, garding item # 11, "liveaboards etc., this is also in non compliance. Re., shall be prohibited", this is also in violation. -507, Reference City of Newport Beach Harbor Permit # 112 dated January 30, 1976 and January 30, 1978, a copy is enclosed: regarding item # 2 and the compliance as to Restrooms and Parking when . the facility is converted to a Commercial Marina, this is in non compliance. Also, when the marina was put in the bay front is a 'aced and i e- rep.L -sidewalk was badly broken up. It- was nev L UD_ definate hazard to the walking p I lic. 'Je Inasmuch as we are made to be in complete compliance with the codes, ordinances and special conditions when we improve our property, we see no reason for such a large variety of violations, with nothing bein- done to rectify them. We are respectfully requesting that you immediatly look into these items that we have noted and proper steps are taken to see that all people must comply with orders that benefit the city and the people. A reply as to receipt of our letter is requested along with what you intend to do about the violations. 74o /y V, T Very truly yours, CD C) S&O, O -j F a i� w " - "0 z w 15 so. R, c6 t -j t,) C, tj lot 1=1 iz. Ic N C) 21- * > ro, g. 0 I 00 aligNIOMM ail 1; UMIRMCP av;r_m avAum --- za 0 rt- �R: (D P pi p pi LQ �j rt- (D 1- 0 (D (T �J �j u rt 00 P (D 0 Tj Pi :� F- (D rt- �l In (D t I u P) rt r- ul 0 17 P. �3" P) C. (D ti (D C. �i (D I'D �l C 0 F - p :�� rt U. �5 c-- (D �3 n pi :D, 00 Fl 0 t7 c 0 w �s pi �j PV tsj a P) P- �J 0 F -h (D (D (D C) �j CK) ft C) U) n P) 0 . �R: 0 0 Fl �J (-� F- LQ l< P) LQ (D I I 0 112-s'-11 w CITY OF NEWPORT BEACH x CALIFORNIA City Hall %X 3300 W. Newport Blvd. Area Code 714 640-2156 May 17, 1979 T. H. D. Company Mrs. Debbie Gray 407 Evening Star Lane Newport�Beach, CA 92660 Dear Sir: On.,March 26, 1979, the Newport Beach City Council enacted Ordinance #1801 amending Chapter 17.33 of the Newport Beach Municipal Code .relating to pier fees for commercial installations in.Newport Harbor. The pier fee for commercial installation was amended to 8.5� per square foot of City tidelands for the permit area. In accordance with City Council direction, the Marine Department staff has calculated the total square footage for each affected harbor permit. This square footage was arrived at by multiplying the upland property water front footage times the distance from the U. S. Bulkhead Line to the bayward permit line. The total square footage under your Harbor Permit, as calculated by the Marine Department, is as foll,ows: V' 1,270 x 1,4 O.sq. f t Ordinance #1801 stipulates that the amended fee shall "be due and payable on July 1, 1979 and shall be prorated at two-thirds (2/3) the annual rate with the prorated amount to terminate on February 28, 1980. The fee will .then become due and payable Marchl every year thereafter. The "Commercia I Pier Registration Fee" for.1979 will be credited against the new fee". Accordingly, the fees for 1979 have been prorated for the remaining six months of 1979 and the first two months of 1980. Additionally, any pier fee that has been paid for 1979 will also be prorated for the four months of 1979 already expired and t�e balance will be deducted from the amended fees. due July 1, 1979. .January 31, 1979, CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 640-2156 .Santa Ana Regional Water Quality Control Board 6833 Indiana, Suite 1, Riverside, CA 92506 Gentlemen: The enclosed permit drawing application(s) is being sent for your information in accordance with conditions of approval under the U.S. Army Corps of Engineers "blanket" permit for maintenance dredging. This "blanket" permit was issued to the City of Newport Beach on February 12, 1974, and subsequently amended on May 10, 1977 to allow beach restoration. As required by this permit, the Marine Department has inspected the dredging site and found no eel grass within or near the proje I ct. The City Council of Newport Beach will hear the application at its February 12, 1979 meeting. If you have any questions regarding this application, please contact the City of Newport.Beach Marine Department at (714) 640-2156.. Sincerely, D. HARSHBARGER, DIRECTOR. MARTNF DEPARTMENT PERMIT NO. DREDGING APPLICATION Project Location: 506 East Bay Ave. Cubic Yards to be Dredged:- 200 Method of Dredging: Hydraulic Suction Nature of Dredged Material:- Sand/Silt Disposition of Dredged Material: Haul to sea and dump at Latitude 33'31'42"N, Longitude 117*54'48"W Method of Material Disposition: Barae to sea Turbidity Control Method: Material to be contained in Dump Barge at dredge site. Effect of dredging on contiguous bulkheading and beaches None I, Wm. L. Harris hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. :Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. T.H.D. Company Shellmaker, Inc. (Applicant -type name) (Contractor -type n ma 1/16/79 Signed: kAA (Date) or Representative %,& . I ik ir N *�- 11 " I - , - ;_ HARBOR PERIN-1-IT plEllmisslam as mAiNTAIN THE FAWHATY SPIC"Y , AT THE Slwc- THE MAUR.130MI, ANY tA7 T THM vlll!,,�,AL,,.��,�,71,21 7,lil��.n,.114 ANo T;lntz 24,44MV Vr, MI. IN ACcC,5k'kDAWCE 'N.V14TH A 'IN TO PERMIT -M0- SPECIAL COND-MON-S! Corps of Evnggncers pevuiA, Orange County Pennit Other. CC ?—/,7-7 MARINE DEPARTMENT February 12, 1979 ITEM NO.: H-12 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION NUMBERS 116-720 AND 112-506 Recommendation If desired, approve the maintenance dredging applications. Discussion The application requires City Council approval under the conditions of approval placed on the City of Newport Beach general permit for maintenance dredging issued by the U. S. Army Corps of Engineers, on February 12, 1974, and subsequently amended on May 10, 1977 to allow beach restoration. The locations and applicants for the proposed dredging and beach restorations are: 116-720 Newport Harbor Yacht Club, 720 West Bay Ave. 112-50.6 T.H.D. Company, 506 Last Bay Ave. The staff has reviewed the projects and has determined that the work will be done wit ' hin the parameters of the Corps of Engineers permit. The dredging contractor will place.a filter screen around the discharge site to control turbidity. There is no known eel grass in the vicinity of the projects. At 720 West Bay Avenue, the dredged material will be placed on adjacent beaches. This will aide i.n the restoration of beaches bayward of private residences. At 506 East Bay Avenue, the dredged material will be hauled to sea and dumped. D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT Tony el m Harbor Inspector TM:ll November 8, 1978 City of Newport Beach Marine Department 3300 Newport Blvd. Newport Beach, California Attention: Glenn Weldon �Dear Glenn, In reference to the marina which T.H.D. Company is putting in at 506 Edgewater, Balboa, California, formally known as the Vallely Marina. We are requesting parking for six mooring spaces as the rest of the marina will be used for daily boat rental and brokerage .boats, as per our conversation. S' V.L. "Debbie" avy DG/bc November 8, 1978 City of NewportBeach Marine Department 3300 Newport Blvd. Newport Beach, California Attention: Glenn Weldon Dear Mr. Weldon, In reference to the marina owned by the Fun Zone Development Company at 600 Edgewater, Balboa, California. We are requesting seventeen parking spaces for the marina. Some of the slips in the marina will be used for daily boat rental, yacht brokerage and two mooring spaces will be for the use of the owners private vessel. The parking spaces will be leased to the Fun Zone Development Company by the T.H.D. Company. Sl-pcerel V.L. "Debbie" -Gray DG/bc CITY OF NEWPORT BEACH HARBOR APPLICATION NO.,- oo c /ex VZ 4 A tit? Ao lee_ Oct. VICI AJI TY SkETCH I cQsr ro,?S?e. ar iA=le 7-> It 21 14 &V dr L4 AJ 6 v R I LS T x 24 . ............ <W 0� .5-/�JC,77 cj A) EW Zo 10,4 IJEL J, 3 -6 lu 3 Z13177 L 6,o& 2 3 7-,e4C7- a/-OCX 7 (7/ 73- 9 Pe4?eOV 9)�- .5�419 a4 7W!' r PaRmtsSION is HEREBY QRPNTSV TO CONSTRUCT AW MAONTAJN TH7- FACILITY SHOW.N ON THE REVERsE mrREOF AT THE SITE INDICATED, SUO,;ZcT To THZ p-5,� ,CV,SIONS 0., THE HARBOR �-t,.IpGUT "' ok �, ;l ;-qe"+,Cm AM ANY SPE'7,'CfAL CON,, PEP MI. is N 07 TV.ANlz97VaA a -.-iou 7'Riz rHF, ct y ;jAj%,saR c, 0.72, 04717' -A � Rt G HT' � 3 U 1,., D C- r H z V. � � R rA i,; A R a P E S AND THiS PE.'�RMT MAY RZ F.EVO.11ED E;y TjjE CiTy IN ACCORDANCIE WITH UTLE 17 Of THM MUNIMIPAL CeVE.k' Alz - 0 -7 P-gRWI-TNo. DA E� 4 CONSTRUCTION PERMIT DATE ... ��-2- -,1"- 7 7 ----------- --- SEE A"JiM SEEEI SPSCIAL CO AIIDIMTS: COM-$ Old Er4o.""neegra 7 r '39e COuntY Penmft is'L Olker.- c 12- - 7 -7 U x -e'3 --7(,, 1� I . I //,z - s�e) CITY OF NEWPORT BEACH HARBOR APPUCATION No. ZL&,�_j 7 CC AUZ I Ire S-1 /n L 0, 413 Ap 49 Ac, _n4 Ajo L VICIMITY SkETCH Weir &rrr Nrwsoiwr 5AY, CAL IF01"MIA SIOUn&(,795 Ore &Al-�rcsSeal f'ee/ Onc( 01,P�7o/& c*le,- fA s below ltlec_-7 Zovve�- Zow Mayferl, /0 A?6r-ho,- 1,;Ies SeC11017 0YrMffW,,C'011 60,r. OrL 7- 1514 y _Qj 210 2"61 21' I L -zve' It— I N_ I frAfo 'A.) A.'k. AAJD -eAIMP 1�49 4- V.s �.,.A 7) S -Up Pit LJ u A- t --I rl In ,_q iL �AJ 45 7 'AA A;-t!L 2 0 AwIlL A 7,41-'76 Oe 4YZ 3 \j /Sro: Z13177 .16 /,a ;3� A 7A, lx!;�,4WV Af K.- Aa47,r -9 Vozaidweo4n Bozati"" WATERFRONT CONSTRUCTION City of Newport Beach City Hall 3300 Newport Blvd. Newport Beach, California 92663 Attn: Glen E. Welden, Tidelands Administration Dear Glen; 2410 Ne�wport Boulevard Newport Beach, California 92660 Telephone (714) 673-1960 Contradors License No. 258975A January 25, 1978 Enclosed please find (5) copies of the revised drawing for Mr. Vallely.-506,-Bay-'Ave. As you will notice, we have just changed some spacing.. 'I hope this meets with your approval, but in the event you have any quettions, feet free to contact me. Sincerely; TRAUTWEIN BROTHERS Sam Kniss '0 ORP C4 C� Vc ai -0 CA IV� . ................................. ...... PERMISSION 19 VEREBY GRAMTf;V TO CONSTFtUCT AJW MAJNTAJU THE FACILITY SHOWN C�j T!'E 9j.:VCrZSe tirlMoor, AT THE SITE tNL1CATED, TO P"OVII.S1096 OF THE r :�� H&RCOR P: �'r,,JT OF VZt%1%�V;S:T CEACR AN;; ANY SPEC -AL n IS h OT kj� C 13-N$rXT Of THE C�.y I�ARS:�,P CiTr CUUNML. TM.' RIGH75 C-C'VEK UNDER THIS 12,� .-MIT A;;Z Pr----�tUSSIVE OWLV AND THIr, PERMIT FWAY HIE W:�VokrED jjV -Kr , CiTy CWWCtL IN ACCOR-T--ANCE WITH YITLE 17 OF THE �AUNXWAL CODE. CITY HARBOR COORWN�K-Tet-ff COATSTRUCTION PERAITIT DATE ...... UE "HED. SHEET SPECIAL Listed below I_ N -2 7 PERMIT N Corps of E,771neers Permit DATE Grange County Permit k:> other" 7- 6 C- AUT110R,-Z0 A. 8y CiTY CoUr4CIL ok-4�2��� 1. , Approval of U,S. Ar�r4 Corps of Eriqlnier 2. Tnat vi)en the facility is converte-li to cm-P.-arcial ziarirw, r-estrooca aiid parkif, be provioed in accordance with Couodl policies. 3. That lir.4burts be prohiblLed in tie m. w m4 r na . 4. That the pilings sbw.n on the peri-iJt Graviings as remairsing not be peri-Atted to . remai n. DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES, CALIFORNIA 90053 SPLCO-N Mr. Roland H. Vallely 508 South Bayfront Balboa Island, CA 92660 I 15 Novemb er 19 7 7 Dear Mr. Vallely: Your permit, No. 77-128, has been validated and is inclosed. Notice of Authorization and Work Status Forms are also inclosed. Sincerely yours, 3 Incl HUGH G. ROBINSON 1. Permit Colonel, CE 2. Notice of Authorization District Engineer 3. Work Status Forms (dupe) 0 Application N6.— Name of Applicant Effective Date 77-128 ROLAND H. VALLELY 1. 'Expiration Date (if applicable) 15 November 1977 15 November 1980 DEPARTMENT OF THE ARMY PERMIT Referring to wri . tten request dated 10 March 1977 for a permit to: QL ) Perform work in or affecting navigable waters of the United States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403); (X) Discharge dredged or fill material into navigable waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act (86 Stat 816, P.L. 92-5QQJ;--- ransport dredged material forthepurposeof dumping it into ocean waters uponthe issuanceof a permit from the Secretary Of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052; P.L. 92-532); � I - N: Mr. Roland H. Vallely -.111 (Here insert the f ull name and address of the permittee) 508 South Bayfront Balboa Island, CA 92660 is hereby authorized by the Secretary of the Amy: to remove two (2) existing boat slips, -4 (Here describe* the proposed structure or activity. and its one (1) finger float, ramp and piling; intended use. In the case of an application for a fill Permit. describe the structures. if any, proposed to be construct three (3) boat slips, platform, erected on the fill. In the case of an application for the ramp and piling; construct a "precast discharge of dredged or fill material into navigable waters concrete bulkhead wall, and backfill with or the transportation for discharge in ocean waters of dredged material, describe the type and quantity of approximately 50 cubic yards of land fill material to be discharged.) material, in Newport Bay, Pacific Ocean, --Q (Here to be named the ocean, river, harbor, or waterway concerned.) at 506 East Bay Avenue, Lots 1, 2, 3, --4 (Here to be named the nearest well-known locality— and a portion of Lot 23, Block 3, Tract preferably a town or city—and the distance in miles and Balboa Bayside Tract, City of Newport tenths from some definite point in the sa e, stating whether above or below or giving direction by points of Beach, Orange County, California,. compass.) in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit (on drawings: give Me number or other definite identification marks); R. H. VALLELY SHEET 1 of 1 DATED: 11/12/76 subject to the following conditions: 1. General Conditions - a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; and that any actiVities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General Conditions j or k heret o, and in the institution of such legal proceedings as the United States Gove. -:nent may consider appropriate, whether or not this permit has been previously modified, suspended or revoked in whole or. in part. ENG FORM I APR 74 1721 EDITION OFJUNE 1968 ISOBSOLETE. (ER 1145-2-303) I b. That all activities authorized herein shall, if they involve a discharge or deposit into navigable waters or ocean, waters, be at all times consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, and pretreatment standards established pursuant to Sections 301, 302, 306 and 307 of the Federal Water Pollution Control Act of 1972 (P.L. 92-500; 86 Stat. 816), or pursuant to applicable State and local low. c. That when the activity authorized herein involves a discharge or deposit of dredged or fill material into navigable waters, the* authorized activity shall, if applicable water quality standards are revised or modified during the term of this permit, be modified, if necessary, to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implementation plan contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances. d. Thai thepermittee agrees to make every reasonable effort to prosecute the work authorized herein in a manner so as to.minimize any adverse, impact of the work on fish, wildlife and natural environmental values. e. That the permittee agrees to prosecute the work authorized herein in a manner so as to minimize any degradation of water quality. f. That the permittee shall permit the District Engineer or his autho rized representative (s) or designee(s) to make periodic inspections at any time deemed necessary in order to. assure that the activity being performed under authority of this permit is in accordance with the terms and conditions prescribed herein..' g. That the permittee shall -maintain the structure or work authorized herein in good condition and in accordance with the plans and drawings attached hereto. h. That this permit does not convey any property rights, either inreal estate or material, or any exclusive privileges, and that it does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. � i. That.thi.s permit does not authorize the interference with any existing or proposed Federal project and that the permittee shall not be,entitled to compensation f or damage or injury to the structures or work authorized herein which may be caused by or result f rom existing or future operations undertaken by the United States in the'public interest. j. That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in. the -general public interest. Such suspension shall be effective upon receipt by the permittee of a written notice thereof which shall indicate (1) the extent of the suspension, (2) the reasons for this action, and (3) any corrective or preventative measures to be taken by the permittee which are deemed necessary by the District Engineer to abate imminent hazards to the 96neral public interest. The permittee shall take immediate action to comply with the provisions of this notice. Within ten days following receipt of this notice of suspe ' nsion, the permittee may request a hearing in order to present information relevant to a decision as to whether his permit should be reinstated, modified or revoked. If a hearing is requested, it shall be conducted pursuant to procedures prescribed by the Chief of Engineers. After completion of the hearing, or within a reasonable time after issuance of the suspension notice to the permittee if no hearing is requested, the permit will either be reinstated, modified or revoked. k. That this permit may be either modified, suspended or revoked in whole or in part if the Secretary of the Army or his authorized representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. Any such modification, suspension, or revocation shall � become effective 30 days af ter receipt by the permittee of written notice of such action which shall specify the facts or conduct warr anting same unless (1)-withm the 30 -day period the permittee is able to satisfactorily demonstrate that 1a) the alleged violation of the terms and the conditions of this permit did -not, in fact, occur or (b) the alleged violation was accidental, and the permittee has been operating in compliance with the terms and conditions of the permit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and conditions of this permit, or (2) within the aforesaid 30wday period, the permittee requests that a public hearingbe held to presentoral and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procedures for making a final decision either to modify, suspend or revoke this permit in whole or in part shall be pursuant to procedures prescribed 'by the Chief of Engineers. 1. That in issuing this permit, the Government has relied on the information and data which thepermittee has provided in connection with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be false, incomplete or. inaccurate, this permit may be modified, suspended or revoked, in whole or in part, and/or the Government may, in addition, institute appropriate legal proceedings. M. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for clamages against the United StateL 'APPL ICA TION NO* CITY Oi 4�',E;ACH HARBOR rg�� 4-,�6 ot 1, 4 - 0 t�- I %ef-% I w k v 6,4 W. 4 f 0 les 4,,e4.oA M-11, -SIC A, "Ar vocr A 7- e,.v C% ASOPS, do 10 Pf.A H so .1crTr VIC) AJ I TY SKETCH jcrrr NsvvpoRr 131AY NfA CAL WOM 5 bClOky IL-IC007 10ave, ZOW klorede. IWOrl."U," van5?e or 211'&C /,;7&5 Ore csiob1,'sh&a( z;7 -1h;s Secllo,? OirAlewparl A50,r- 7 I_F,4 9006VE jF)C. Ooenw, 4 Z, # 721 d-e-AlAlAJ A-00 eAmO� IP p =- IF -r- r F T- -j Lj 1 Lei 3 LF 10' Lj OAj 4: 0 517-E L) (t-77 5-6 A�EtJ Ll AwAL4� -6- e I "e"�Tc 21-177. io A ARRUC-4Nr�9 N44f.- 56 .10B A d-orz3r 7-,e.4C7- '61, Ocx 407- A -J C714J C-- -73— VA 74�r PM: A. That the permittee shall notify the District Engineer at wbat time the activity authorized herein will be commenced, as far in advance of the time of commencement as the District Engineer may specify, and of any suspension of work, if for a period of more than one week, resumption of work and its completion. a. That if -the activity authorized herein is not stated on or before day of (one year from The date of issuance of this permit unless otherwise specified) and is not completed on or before dayi Of ItIII P 19 _,4L_ (three years from the date of issuance of this permit unless otherwise specified) this permit, If not previously revoked or specifically extended, shall automatically expire. p. I That no attempt shall be made by the permittee to prevent the full and free use by the public of all na . vigable waters at or Aacent to the activity authorized by this parinit. q. That if the displayof lights and signals on any structure or work authorized herein is not otherwise provided for by low, sLKh lights and signals as may be prescribed by the United Std Coast Guard shall be installed and maintained by and at the expense of the permittee. r. ­ That . this permit does not authorize or approve the construction of particular -structures, the authorization or approval of vvlkh may require authorization by the Congress or other agencies of the Federal Gov.ernmem� s. That if and when the permittee desires to abandon the activity authorized herein. unless such abandonment is pan of a transfer procedure by -which the permittee is transferring his interests herein to a third party pursuant to General Condition v hereof, be must restore the area to a condition satisfactory to the District Engineer. t. That if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be necessary. to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. u. That there shall be no unreasonable interference vvith navigation by the existence or use of the activity authorized herein. v. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with all terms and condition of this permit or by the transferee subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official. The following Special Conditions will be applicable when appropriate: STRUCTURES FOR SMALL BOATS: That permittee hereby recognizes the possibility that the structure -permitted herein may bi sutiject to damage by wave wash from passing vessels. The issuance of this permit does not relieve -the permittee from taking all proper' steps to insure the integrity of the structure permitted herein and the saf ety of boats moored thereto f rom damage by wave wash and the permittee shall not hold the United States liable for any such damage. DISCHARGE OF DREDGED MATERIAL INTO OCEAN WATERS: That the permittee shall place a copy of this permit in a conspicuous place in the vessel to be used for the transportation and/or dumping of the dredged material as authorized herein. ERECTION OF STRUCTURE IN OR OVER NAVIGABLE WATERS: That the permittee,upon receipt of a notice of revocation of this permit or upon its expiration before completion of the authorized structure or work, shall, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waterway to its former conditions. If the permittee fails to comply with the direction of the Secretary of the Army or his authorized representative, the Secretary or his designee may restore the waterway to its former condition, by contract or otherwise, and recover the cost thereof from the permittee. 3 MAI PIT-RIANGS-OREPA MG: k a tl.u,izd lie, ein i. cludespiniodic rishiterjunue-diedg'Ing, It may W periUrTrWd fGF—VOW44T-�S-data Of issuapice oj %hog permit (jen V ars-Amijan othemMse imelicated)- —1 (7) That4be pegm;ttae mt-11 . R"t4eest two-weeki-beforttttit�--l- Ikir _trdlly n3i ��anjrjnai H. Special Conditions (Here list conditions relating specifically to the proposed structure or workauthorized by thispermit): DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES, CALIFORNIA 90053 SPLCO-N Public Notice No. 77-128 8 August 1977 Date Comments Due: 8 September 1977 YOU ARE INVITED TO COMMENT ON THIS APPLICATION FOR A PERMIT APPLICANT: Mr. Roland H. Vallely �08 South Bayfront Balboa Island, California 92660 APPLICANT'S AGENT:- Mr. Sam Kniss Tr-a--u-twe'in Br -6 S 7 . 1 - 4 6 IS -1 -9 -6 0 ACTIVITY: Under Section 10 of the River and Harbor Act of 1899 and under Section 404 of the Federal Water Pollution Control Act to remove two (2) existing boat slips, one (1) finger float, ramp and piling; construct three (3) boat slips, platform, ramp'and piling; and construct a precast concrete bulkhead wall, and backfill with approximately 50 cubic yards.of landfill material at 506 East Bay Avenue, Lots 1. 2, 3, and a portion ok-'Lot-23,.Block 3, Tract Balboa Bayside Tract, in Newport Bay, Pacific Ocean., City of Newport Beach, Orange County, California, as shown on the drawing accompanying this notice. The evaluation of the impact on the public interest of this activity will,include application of the national interim final guidelines promulgated by the Environmental Protection Agency contained in Navi able Waters_, Discharge of Dredged or Fill Material, Federal Register of 5 September 1975P P. 41292 (40 Code of Federal Regulations 230). PURPOSE AND USE: To provide private boat docking facilities and protect private property against channel erosion. FEDERAL, --STATE AND LOCAL AUTHORIZATIONS:--Appr _ovals have,been received from the City of Newport Beach - Marine Safety Department and the Water -Quality Control Board - Santa Ana Region. Approval will also be required from the California Coastal Commission - South Coast Region, prior to issuing the permit. IMPACT ON HISTORIC PLACES AND NATURAL LANDMARKS: The proposed activity is.not near any of.the sites listed in the National Register of Historic Places or the National Regis' try of Natural Landmarks. However, presently unknown archaeological, scientific, prehistorical, . or historical data may be lost or destroyed by work to be accomplished under the requested permit. SPLCO­N 8 August 1977 Public Notice No. 77-128 ENVIRONMENTAL IMPACT: A Preliminary Environmental Assessment of the proposed ,action has determined that some, advarse-impacts would result from project construction. These include slight impacts on traffic as a result of move- ment of construction equipment, slight air . quality and noise impacts from construction equipment,,and a localized increasein water.turbidity from placement , of seaw.�lland,piling. Construction of the seawall on the northern corner of the subject I property would eliminate a small beach and replace it with fill. The long-term impact9-should be minor since the beach is unused by the public due to its small size,, location in a commercial zone, and difficulty of access; the beach is several feet below sidewalk level and attracts debris which ends,up in bay,waters; and the beach is considered to 'have minimal habitat value. Also, the applicant has stated that no st , ructure would be built upon the new land fill. The preliminary assessment concludes that no significant impacts upon the human environment would occur.- There- fore, at.this time,, an Environmental Impact Statement does not seem necessa ry. If public comments, coordination, or further analysis results in the develop- Iment of significant additional information, the conclusions of the preliminary a 11 ssessm�ant will be'reevaluated and appropriate changes and determinations included in the Final Environmental Assessment. PTJBLIC'HEARING: Any person who has an interest which may be adversely affected by the issuance -'of a permit -may request a public hearing. The request must be submitted in writing to the District Engineer within thirty days of the�date of this notice and must clearly set forth the interest which may be affected and the manner in which the interest may be affected ,by the activity. CRITERIA: Your writte , n comments or objections shoiAd include the number and date of this notice and must reach this office within thirty (30) calendar days. The decision whether to issue a permit will be based on an evaluation of the probable impact of the activity on the public interest. That decision will reflect the national concern for both protection and ut . ilization of important'resources. The -benefit which reasonably may be expected to accrue from the activity must be balanced against its reason- ably foreseeable detriments. All factors which may be relevant to the activity will be considered; among those are conservation, economics, aesthetics, general envi 11 ronmental concerns, historic values, fish and wild- life values, flood.damage prevention,, land use classification, navigation, recreation, water supply, water quality', and, in general, the needs and welfare of the people. No permit will be granted unless its issuance is found to be in the public interest. FOR THE DISTRICT ENGINEER: 2 ROBERT H. REINEN Lieutenant Colonel,, CE .Deputy District Engineer UEACH HARBOR APPLICATION NO..--. CITY OF 'A1.4 7,--440; ro 4.4g 6each '0'0 c /ex -0 4AeA#1 0 In 4 4 A-1 0 z5a I - A- 7' Nola., 0 tk peg Mae VICI XJITY SKETCH wstr -lerrr NgWpoRr 5AY, CAL 1#ro%Z1SktA---- 5'041nol,�,)95 c2re -A10,rCSS8'd oeep�As below 44colry Lower LOW Wojole^ A4orAovpu-p 0,79e or hVc /0 vlrdr-/. Rarbor 4;ies ore esichIt'shad /;jl, lh;s -SecAvor orvdwpprl Asar. 7- 4 4 23 L Z. ±9 Pt L;'-' 7Z' 09 -fA I A 1AJ Aoo eAme e To 7.- 17 cr e Zo i 4 4 �C'a r A7 Fit Li Li p t --1 t 1 1 /* i r .1, r Z.4 'x 24,,Oml 11, T- -7 �AJ A) ECO ZO "P,4 AJEL X'Z L A7 -10010e Ll 4C.. r 0 dc 'j 4 "y AAPI.144Nr�9 NAWe 30 lioexic., r --T LI A 7,e4C7.' 1640cl< -7;�2,41')0—',_,) AJ &A-,� es 7 11112174 STA'r.E-..OF M.-IFORNIA CALIFORNIA COASTAL COMMISSION SOUTH COAST REGIONAL COMMISSION 666 E. OCEAN BOULEVARD, SWTE 3107 P. 0. BOX 1450 LONG BEACH, CALIFORNIA 90601 213/590-5071 7141/846-0648, COASTAL DEVELOPMENT PERMIT Application Number: _A-3-29-77-465 G. BROWN JR. Governor Name of Applicant: R. H. Vallely 508 S. Bayfront, Balboa Isla�nd, CA 92660 �ww­_ Permit Type.- 0 Emergency 0 Standard El Administrative Development Location: 506 E. Bay Avenue Newport Beach, CA Development Description: Removal of.existia—g dock and construct new 3 slip 50' x 80' float,. -dock, -ramp, and pilings to existing rental boat business. I. The South Coast Commission finds that*. A. The proposed development, or as conditioned, is: 1. In conformity with the provisions of Chapter 3 of the California Coastal Act of 1976 and will not prejudicethe ability of local government to prepare a local coastal program in conformity with said chapter. 2. If located between the nearest public road and the shoreline of any body of water in the coastal zone is in conformity with public access and public r ' ecreation policies of Chapter 3. California Coastal Act of 1976. 3. That there are//are no feasible alternatives� or feasible mitiga— tion measurest as provided in the California Environmental Quality Actq available which would substantially lessen any significant adverse impact that the development as finally proposed may have on the environment. It. The proposed development is s-Wbject to the followinp, conditions imposed I i pursuant to the California Coastal Act of 1976: Condition/s met On N/A By _.&c ii. Whereas, at a public hearing? held on 11, 1977 at (date) Torrance by a unanimous tm vote permit application number A-3-29-77-465 — is approvedr.' a IV. This permit may not be assigned to another person except as provided in Section 131709 Coastal Commission Rules and Regulations. V. This permit shall not become effective until a copy of this permit has been returned to the Regional Commissiony upon which cop� all permittees or agent(s) authorized in the permit application have acknowledged that they have received a copy of the permit and have accepted its contents. VI. Work authorized by this permit must commence within two years from the date of the Regional Commission vote upon the ap7pi—ication. Any extension of time of said commencement date must be applied for prior to expiration of the permit. TII. Issued on behalf of the South Coast Regional, Commission on -il 12 , 19'� 7 . i� - ___ ; V M. J. Carpe.4ner Executive Director gc/ss permittee/agent, hereby acknowledge CD receipt of Permit Number A-3-29-77-465 and have accepted its contents. 12577 Mlaro.h 29, 19��7.7 ge 5TATE OF CALWORNIA C W.1 UN 1) G. 0 R O.'JN J R.. GALIJ'0T11'J'A COASTIL COi-�.""'�ITSSIEON S.OUTH COPST PILE-GIONAL CW.';%IISS�101N C66 E. OCEAN BOULEVARD. SUITE 3107 P. 0. EOX 1450 LO.'.G �EACH, CAtIFORNIA 908 r 1 March 29, 1977 213/50/0-5071 7147c, 14' —0648 1�10T= OF DLU9LTC HFJ"*JZPTG Pursuant to order of the California Coastal 'Zone Conscrvation Com!,nission, not -ice of pablic hearing is hereby given. Said public hearing is scheduled on the April 11, 1977 Agenda for C:> application. for Pemni 4L-1 , T-'tuo b c r A-3-29-77-465 a s u b.-,rii i t t e d b y R. H. Vallely The subject request is to pe-rmit Removal of existing dock and con- struct new 3 slip 50' x 80' float, dock ramp and pilings to existing rental boat business. at 506 E. Bay, Balboa, CA Said agenda public hearings will conimence at 9:00 a.m. on April 11, 1977 at Torrance City Council Chambers ' 3031 Torrance Blvd., Torrance, CA 90503 durin- which time all persons either favoring or opposing the applicati-on will be heard. Any i%rritten corr�e--spord-eince regarding the application should be directed to this offIce prior to the hear- ing date. All interested irdividuals i%,ho wish additional inform, ation may con- tact this office. M. J. Ca" �- D e n . f" - - Executive Director *** FOR APPLICANIT ONLY. COPY OF THIS NOTICE IS TO BE POSTED C�T '9�T!'IJT', ).' ICT -PRO-PEIRTY MARINE DEPARTMENT February 1.4, 1977 ITEM NO.: H-14 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION NO. 112-507 BY R. H. VALLELY TO REVISE A COMMERCIAL FACILITY AND CONSTRUCT A BULKHEAD AT 507 BAY AVENUE Recommendation If desired, approve the application subject to: 1. The approval of the U. S. Army Corps of Engineers. 2. That when the facility is converted to a commercial marina, restrooms and parking be provided in accordance with Council Policies. 3. That liveaboards be prohibited in the new marina. 4. That the pilings shown on the permit drawing as remaining not be permitted to remain. Discussion This application is being brought to Council in compliance with Section 50 of the Harbor Permit Policies which state: "Prior approval of the City Council Will also be required before issuing a permit for shore -connected structures when: The abutting upland property is zoned commercial". On December 13, 1976, Council approved a revision to the facility at 507 Bay Avenue that would allow the replacement of two existing slips with three new slips reoriented to face bayward as shown on the attached.drawing. Mr. Vallely eventually plans to discontinue -the existinq boat rental Weration PAGE TWO APPLICANT: R. H. VALLELY and convert the facility to a commercial marina. The above conditions of approval were placed on the previously approved permit and were agreed to by the applicant. Mr. Val ' lely now wishes to. -further revise his permit to include a 4'x 20' platform and 50' of new bulkhead. The area that would be filled behind the new bulkhead is presently unusable as a swimming beach and currently serves no practical use. D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT Glen E. Welden Tidelands Administrator AFW-11 CITY OF NEWPORT BEACH HARBOR APPLICATION NO.dEmmummmumumm"No 1 VZO PAJ c- oco ro '60.1 /0 A 7-,e'C A 4 09 Z) 10 PILO "a—vor CIE m 4 &�, ec 1 .7 — j - - _ stood, _T4 A.J CP AJ a'-) 16 0 lit si<E rCH 00= 4.0 7-- Newpogr 5^y, CAL pok MtA Jer.-Y. RMO Sbel'"d"n?.S Mrw Aeeyo One am.^Ole &elp 01.4, 3 6*10w A-rea.1 ZosoVep ZOW klofip_� ,r Narhor 11;ies Ore daiahleS 74P7/� 7/A'S SCCbcp" oyrAolew 4145-et�pel A4_ 7' 15,4 Y 4 Los' L L re, L 26' 1 ex. A00 OeAwo, r - r . �4r X _j J - I --if u 4c e. �T-A�4 4 L3 'lot, A).,, 16, 5,,� yva Aor 7*40r A40ex 4or "77,?/40 7-1 ) 6 / A-) (7,14J 4, C3 44;rAr PAJ c- /0 A 7-,e'C A 09 L 'Of .3 LOeylfew.. z13177 oe tl,4 Z_z� L3 'lot, A).,, 16, 5,,� yva Aor 7*40r A40ex 4or "77,?/40 7-1 ) 6 / A-) (7,14J 4, C3 44;rAr ,,,, - I f� , flr-- 11 ' I CiTY OF NEVVI OCRY 6LA�;h COUNCILMEN MINUTES 0 V A February 14, 1977 IN nFX 11. The staff was authorized to enter into informal Balboa contracts to make interim structural repairs to Island the Balboa Island Bridge. (Report from the Bridge Public Works Director) 12. The work on the Lido Island Bridge Pedestrian Lido Island Walkway Addition, Contract No. 1814, was accepted; Bridge and the City Clerk was authorized to file a Pedestrian Notice of Completion a -ad to release the bonds Walkway 35 days after the Notice of Completion has been filed. (Report from the Public Works Director) 13. The public improvements constructed in conjunction Tract 8445 with Tract No. 8445, located on the south side of Ford Road between Jamboree Road and MacArthur Boulevard in Big Canyon, were accepted; and the City Clerk was authorized to release the Faithful Performance Bond and to release the Labor and Materials Bond in six months provided no claims have been filed. (Report from the Public Works Director) 14. Removed from the Consent Calendar. 15. Removed from the Consent Calendar. 16. Harbor Permit Application #112-507 by R. H. Harbor Vallely to revise a commercial facility and Permit construct a bulkhead at 507 Bay Avenue was approved,subject to the approval of the U. S. Army Corps of Engineers. (Report from the Marine Department) 17. The plans and specifications for the Traffic Traffic Signal at Balboa and Main, Contract No. 1895, Signal was approved; and the City Clerk was authorized Balboa to advertise for bids to be opened at 10:30 & Main A.M. on March 3, 1977. (Report from the Public Works Department) 18. The expense account of Councilman Kuehn in the amount of $92.00 for attendance at the League of California Cities Planning Institute in Los Angeles on February 2 and 3, 1977, was approved.. 19. The following budget amendments were approved: BA -63, $1,900.00 transfer of Budget Approporiations for funds for additional sweeping of bike trails from Unappropriated Contingency Reserve to General Services -Field Maintenance, Overtime, Automotive Service and Special Departmental Supplies, General Fund. T- 7,7 "'.. —�* --t' —) 7-,- 70 CCINSTRUCT k -z -.z 7-jr- G;4 7HEU AT TNE &:D, GUT Tiiz Ali - IS NOT bz,,j C ��N -;INT G�� �2'z cl:;Y -.D. PL, AUID 7VJ-I. p.j..,AV 1:;,- k-1SViuAz-- -V3�z COUN-CM IN ACCORDr,,,%,c- VtjT;i -,-iTLZ 17 OF TW;E -.� iQ jun-cip—iL CODE. T N, CD �N�r, S-- T t t U DnT- r .. -- - ---- .. .... E E -T r Z-7 > Listed below c1livy Lw J'— -7 D A Orange Co:z;;',y �'Faz=zIt 2 7 CITY COW�CiL I . � Approval of U.S. Ai-,,-iy Corps of EY-,Li%2'----�'-;-.-5 2. Tinat'. when the facillity is ccnvart-e�--' tLc; C-� r i: n cc.n -iterC! &I marina, restro..xis an%d p - be pr3vided in accordance wil.', Couozil policies. T1 -i a t 1 i q a a b o a v "I b e p r chi 41 b is t e ud i i'l new marina. 4i . Tnat.-;"a pilirvgs.shaA�;n On -!L:hii� L%vjings as reiTialning noL. 'a 1'o re�',ai December 6, 1976 142 -Sal CITY OF NEWPORTBEACH CALIFORNIA 92660 City Hall 3300 Newport Blvd. (714) M-211ft 640-2156 Balboa Island Ferry 410 S. Bay Front Balboa Island, CA 92662 Gentlemen, Mr. R. H. Vallely, holder of a Harbor Permit for 506 Bay Avenue has applied to the Newport Beach City Council for permission to revise his harbor facility. This application will be heard by the City Council on December 13, 1976 in the Council Chambers at 7:30 p.m. if you have any questions or comments, please contact the undersigned at 640-2156 prior to the meeting. Sincerely GI n E. Welden Tidelands Administrator GEW:ts STATUS SHEET HARBOR PERMITS LOCATION 0 New 1-7 PERMIT NO. Revision APPLICANT NAME. Dredging CONTRACTOR Date Rec'v— Fee Amt. 47- Fee Processed Date Reviewed by Marine Dept. Approved Denied Corection Required Description City Council: Approved Denied 7 Remarks DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC SARWQCB J.H.C. OR. CTY. T.I.C. 1. Application IA 2. Consent Ltr. 3. "Waste" Ltr. 4. Drawings 5. Staff Report 6. 7. 8. REMARKS DATE FINAL INSPECTION 2410 Newport Boulevard Newport Beach, California 92660 Irelephone (714) 673-1960 WATERFRONT CONSTRUCTION Contractors License No. 258975A 9 November, 1976 To: R. H. Vallely 506 S. Bay Avenue Newport Beach, Calif. 92663 Dear: Enclosed please find our quotation to you on your proposed project at 506 S. Bay Ave., Newport Beach. - If the quotation is agreeable to you, please sign the original and return it to us as soon as possible with your check for the applicable down payment. Retain the carbon copy for your records. For your convenience.and to expedite the processing of the permits, etc. that are necessary to the above project,.1 can sign for you as your agent on all such documents. If this is your desire please endorse below. Sincerely, TRAUTWEIN_J� �7,THE S em Kniss PERMIT NO. 112-507 DREDGING COMPLETION CERTIFICATION I hereby certify that 100 cubic yards of material were dredged adjacent to Palm & Edgewater Ave. (address) and that the material was disposed of at sea at Latitude 3331142"N. Longitude 117054148"W (location and/or description) Vallely Boat Rentals (Appli­c�ant-type na February 25, 1975 Shellmaker, Inc. (Contractor- type name) --- Signed: Contractor�qs Representative PERMIT NO. 112-507 DREDGING COMPLETION CERTIFICATION I hereby certify that 100 cubic yards of material were dredged adjacent to Palm & Edgewater Ave. (address) and that the material was disposed of at sea, Latitude 33'31'42"N, Longitude 117'54'48"W ,(location and/or description) 17;;llp_lv-Boat Rentals Shellmaker, Inc. (Appli-c-ant-type HameT- (Contractor -type na�me� 'Pr-hrun y _24_, 1975 Signed: kDate) Contractor's Representative MARINE SAFETY DEPARTMENT 70 Newport Pier April .22, 1974 ITEM No.: H-13 TO,: MAYOR & CITY COUNCIL FROM: Marine Safety Department SUBJECT: HARBOR PERMIT APPLICATIONS FOR MAINTENANCE DREDGING PERMIT NUMBER'S 110-1112; 110-1208; 112-507 Recommendation If desired, approvethe Maintenance Dredging Harbor Permit Application. Discussion These applications require City Council approval under the conditions of approval of the City of Newport Beach "blanket" permit for main- tenancedreding issued on February 12 by the U. S. Army Corps of Engineers. The locations and applicants of the proposed maintenance dredging applications are: 1112 E. Balboa Blvd. - Mr. Ken Volk 1208 E. Balboa Blvd. - Mr. Andy Kirk 507 Edgewater Ave. - Vallely Boat Rentals .The staff has reviewed the proposed dredging and have determined that the work to be done is within the parameters of the Corps of Engineers permit. There is no anticipated adverse affect on proximity beaches ,or contiguous bulkheads. Shellmaker, Inc., the dredging contractor, will minimize turbidity as much as is possible and will barge the dredged material to the Environ- mental Protection Agency's designated disposal site, -four miles at sea. R. E. REED, DIRECTOR D. Harshbarger, Captain Marine Safety Department DH:GEW:lf 777-� ............ 11 4 b" S� rk ro 6,4 -A AA4"�"-' -4,� '46 ptc", CITY OF NEWPORT RVI HARBOR PERA-115"IT pERMISSION IS MET.�=-MY GRANTED T--, AND MAINTAM THE FACIMTV 0;'q TN�E AT THE SITE i " i THE HAFIZ,��R PcF.MiT 'FIGLSC-�,�Zs Or u,:l-VV�PPll-ll'T Brzf,,,��F ANY SFI�f,�AL CQ%DiTiONS' PEIRf IS .407 -MAtVSFV5iA-SLF THE C�7y MAIRZMR RIGHTS G`V`Ekl� UNW—MR, T�--IEC� ARZ QNL. AND yjva!�--, PERMiT MAY ��'-!MVOKMD SpIr TFttt C�TY COUNCtL IN AOCO:'MANCE WITH -�C-I�Ty WARBOP. COO.F.DiNATOR 7 4-7 ERMIT NO. DATE AUTHORIZED BY CiTY COUNCIL SPECIAL C,ONDITIONS: Corps of 1,�-,.-Igineers Permit -L -(4- Orange CountY Permit Other: STATE OF CALIFORNIA—RESOURCES AGENCY RONALD REAGAN, Govornor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD - SANTA ANA REGION 6833 INDIANA AVENUE, SUITE I RIVERSIDE, CALIFORNIA 92506 PHONE: (714) 684-9330 April 11, 1974 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92660 ATTENTION: Glen E. Welden Mt)rino Ai%raixti Aid SUBJECT: Permit Nos. 112-507, 110-12089 110-1112 This board finds the above specified applications to be in order and grants approval of these activities. Please notify me of their scheduled dates. If there is any questions please notify this board. Stephen D. Herrera Staff Engineer SDH/tt PERMIT NO. DREDGING APPLICATION Project Location: Palm andEdgewater Ave. Cubic Yards to be Dredged: 100 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Haul to sea and dump @ Latitude 33 0 31142"N, Longitude 117 0 54'48t'W. Method of Material Disposition: Barge to sea. Turbidity Control Method: Material to be contained in Dump Barge at dredge site. Effect of dredging on contiguous bulkheading and beaches None Bill Harri s , hereby state that I have read the U. S. Army (print name)- — Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. Vg,.1_1elv Boat Rentals (ApPli—cant-type name) March 29,__1974 (Da e) Shellmaker, Inc. (Contractor -type name) Signed: Con -tractor's Representative FA OV A ffit�IA GENERAL NOTES 'e 1'. All work shall be in accordance with the Grading Code of the City of N wport Beach, the recommendations of the project soils report and any special requirements of the perml 2. Dust shall be controlled by watering and/or dust palliative. 3. Sanitary facilities shall be maintained on the site during the construction period. 4. Work hours shall be limited to 7:00 a.m. to 6:30 p.m. 11-Ionday through Frida; 8:00 a.m. to 6:00 p.m. Saturdays; and 10:00 a.m. to 6:00 p.m. Sundays and Ilolidays. 5. The Contractor shall control noise, excavation, delivery and removal items in accordance with the City Municipal Code, Chapter 10.28. 6. The stamped set of approved plans shall be on the job site at all times. 7. The permittee 'and the contractor are responsible ior tocation and protection of all utilities. 8. Approved temporary drainage provisions and proteccive measures must be used to protect adjoining properties during the grading operation. 9. Existing ces�;pools and �;CI)LiC Link�; ;Iiali be abandoned ill compliancu WiLh the Uniform Plumbing Code and approved by the Bu�lding Official. 10. When import or export of materials is required, haul routes to and from the site shall be approved by the City Traffic' Engineer and hauling procedures shall be in accordance with the transportation of materials- section of the City Grading Code. 11. Positive drainage shall be maintained away from all building and slope areas. 12. Failure to request inspections and/or have removable erosion control devices on-site forfeiture of the construction site cleanup at the appropriate times shall result in deposit. EROSION CONTROL: 1. Temporary erosion control plans are required from October 15 to May 15. 2. Between October 15 and May 15, erosion control measures shall be in place at the end of each working day whenever the five-day probability of rain exceeds 30%. During the remainder of the year, th'y shall be. io, p ace at the end of the orking day whenever the daily rainfall probability exceeds 50%1' 3. Landscaping plans shall be submitted for approval, work completed and a certificate of conformance received by the City Grading Engineer prior to closure of permit, unless a waiver of this requirement has been obtained from the City Grading Engineer. 4. Tempor'ary desilting basins, when required, shall be installed and maintained for the duration of the project. 7 REQUIREDINSPECTIONS: 1. A pre -grading meeting shall be scheduled 48 hours prior to start of grading with the following people present: owner, grading contractor, design civil engineer, soils engineer, geologist, City Grading Engineer or their representatives. Required field inspections will be outlined at the meeting. 2. A pre -paving meeting shall be 'scheduled 48 hours prior to start of the sub -grade preparation for the paving with the following people present: owner* paving contractor, design civil engineer, soils engineer, City Grading Engineer or their representatives. Required field inspections will be otitlin�d at the meeting. GRADING FILLS/CUTS: 1. Cut slopes shall be no steeper than 2 horizontal to 1 vertical. 2. Fill slopes shall be no steeper than 2 horizontal to I vertical and shall have not less than 90% relative compaction out to the finished surface. 3. Fills shall be compacted throughout to a minimum of 90% relative compaction as deter- mined by ASTM test method 1557, and approved by the soils engineer. Compaction tests shall be performed approximately every 2 feet in vertical height and of sufficient compaction effort.applied to the fill areas. quantity to attest to the overall Areas to receive fill' shall be cleared of *all vegetation and debris, scarified and ved by the soils engineer prior to placing of the fill. appro Fills shall be keyed or benched into competent material. 5. 6. All existing fills shall be approved by the soils engineer or removed before any additional fills are added. 7. Any existing irrigation lines and cisterns shall be removed, or crushed in place and backfilled, and approved by the soils engineer. S. The engineering geologist and soils engineer shall, after clearing and prior to the placement of fill in canyons, inspect each canyon for areas of adverse stability and determine the presence ' of, or possibility of future accumulation of, sub -surface water or spring flow. If needed, drains will be designed and constructed prior to the place- ment of fill in each respective canyon. 9. The exact location of the subdrains shall be surveyed in the field ior line and grade. 10. All.trench backfills shall be compacted throughout to a minimum of 90% relative compaction, and approved by the soils engineer. 11. The stockpiling of excess material shall be approved by the City Grading Engineer. 12. Landscaping of all slopes and pads shall be -in accordance with the City Grading Code and Ordinance No. 1831. 13. All cut slopes shall be investigated both during and afte' r grading by an engineering geologist to determine if any stability problem exists. Should excavation disclose any geological hazards or potential geological hazards, the engineering geologist shall recommend necessary treatment to the City Grading Engineer for approval. 14. Where support or buttressing of cut fa'nd natural slopes is determined to be necessary by the engineering geologist and soils engineer, the soils engineer will submit design, location and calculations to the City 'Grading Engineer prior to construction. 15. The engineering geologist and soils 'engineer shall inspect and -test the constr uction of all buttress fills, and attest to the stability of the slope and adjacent structures uvon completion. 16. Wh e n cut pads are brought to near grade, the engineering geologist shall determine if the ' bedrock is extensively fractured or faulted and will readily transmit water. If considered necessary by the engineering geologist and soils engineer, a compacted fill blanket will be placed. 17. The engineering geologist shall perform periodic inspections during grading. 18. Notification of Non-compliance: If, in the course of fulfilling their responsibility, the civil engineer, the soils engineer, the engineering geologist or the testing agency finds that the work is not being done in conformance with the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the City Grading Engineer. Recommendations for corrective measures, if necessary, shall be submitted to the City Grading Engineer for approval. DOCUMENTATION: 1. An as -built grading plan.prepared by the civil engineer; including original ground surface elevations, as -graded ground surface elevations, lot drainage patterns and locations, and elevations of all surface and sub -surface drainage facilities. He shall provide written approval that the work was done in accordance with the 'final approved grading plan, and state the number of yards of cut and/or fill moved during the operation. 2. A soils grading report prepared by the soils engincei; including locations and elevations of field density tests, summaries of field and laboratory results and other substantiating data, and comments on any changes made during grading and their effect on the recommcnda- tio6s made in the soils engineering investigation report. fie .qhnll orovide written approval as to the adequacy of the site for the intended use. 3. A geologic grading report prepared by the engineering geologist; including a final description of the geology of the site, including any new information disclosed during A the grading, and the effect of same on recommendations incorporated in the approved grading plan. He shall provide written approval as to the adequacy of the site for the intended use as affected by geologic factors. NOTE: Fugutive dust emissions during construction shall be minindzed by watering the site for dust controlp containing excavated soil onsite until it is hauled away, and per--odically washing adjacent streets to remove accumulated raterials. K A dkil CONSTRUCT 12" X 6" CONCRETE GUTTER PER "DETAIL A"* HEREON. 3 CONSTRUCT CONCRETE V -GUTTER PER "DETAIL B", HEREON. 8 9 L.F INSTALL 6" DIA. DRAIN PIPE (SCH. 40 P.V.C., ASTM 01785).- 136 L.F. (J.*- INSTALL 4" DIA. DRAIN PIPE (SCH. 40 P.V.C.,, ASTM 01785). 3 43 L.. F. INSTALL 2" DIA. DRAIN PIPE ) SCH. 40 P.V.C., ASTM' 01785) ffm� TWX 'p M ,jA �WtJAMU 10 A2 W, PTA -I- "A The bearing of N 34* 321, 00" E TZONTATIVE PARCEL AfAP� for the of Palm St. A/01 85 _26 I as, sham on a map filed in Book 196,,'Pages 38 and 39 of Parcel Maps Paciords of Orange County, State of California, was used as the b3.ds of bearings. C) BENCHMARK O.C.S. B.M. L 782 EL 7.382 (1976) LD EARTHWORK SUMMARY RAW INSTALL GRATE INLET TYPE�1450, 11 IN. i5Q.r WITH HEEL PROOF RAW FILL-____ OVER POLISHED BRONZE GRATE, PER J. SMITH OR APPROVED EQUAL.---- 9 EA. C.F. INSTALL 6" DIA. GUTTER DRAIN,TYPE 1620 PER J. SMITH OR P.B. .... PULL BOX E.G. APPROVED EQUAL. P.C.C. .. EA. F.F. INSTALL 4" DIA. C*.I.P. CLEANOUT, WITH SCREW -ON COVER. J5 EA� IF. G. INSTALL CHANNEL DRAIN WITH,HEEL PROOF GRATE TYPE NDS 243 T.G . .... TOP OF GUTTER F.H. tY-NATIONAL�DIVERSIFIED"tALtS OR APPROVED EQUAL. 26 L_F. 10 � 'D CONSTRUCT PATTERNED CONCRETE PAVEMENT AND/OR BRICK PAVERS (35.48) EXISTING ELEVATION F.S. PER ARCHITECT'S PLAN (NON -TRAFFIC AREAS). 54a6 50�,O� CONSTRUCT PATTERNED CONCRETE PAVEMENT AND/OR BRICK PAVERS 'PER ARCHITECT'S PLAN (6- MIN. THICKNESS, FIRE LANE). 50�F. CONSTRUCT 6" PORTLAND CEMENT CONCRETE PAVEMENT. ______338 50-F. 10-3 CONNECT BUILDING ROOF DRAIN TO STORM DRAIN. BUILDING ROOF OVERFLOW DRAIN TO OUTLET AT FINISH SURFACE. 9 EA. INSTALL 6" DIA. P.V.C. OR V.C.P. SEWER PIPE. 112 1_.F� INSTALL 4" DIA. P.V.C. OR V.C.P. SEWER PIPE. 25 LJ= - INSTALL 21' DIA. P.V.C. OR V.C.P. SEWER PIPE. /2 L.F. ffm� TWX 'p M ,jA �WtJAMU 10 A2 W, PTA -I- "A The bearing of N 34* 321, 00" E TZONTATIVE PARCEL AfAP� for the of Palm St. A/01 85 _26 I as, sham on a map filed in Book 196,,'Pages 38 and 39 of Parcel Maps Paciords of Orange County, State of California, was used as the b3.ds of bearings. C) BENCHMARK O.C.S. B.M. L 782 EL 7.382 (1976) LD EARTHWORK SUMMARY RAW CU 7'__ RAW FILL-____ OVER EXCAVATION REMMOF 5229 C.Y -631 C. y -6-35 C. y A.C. ASPHALT CONCRETE G.B. .... GRADE BREAK B.W. BACK OF WALL P.A . .... PLANTING AREA C.F. CURB FACE' P.B. .... PULL BOX E.G. EXISTING GRADE P.C.C. .. PORTLAND CEMENT CONCRETE F.F. FINISHED FLOOR T.0 . .... TOP OF CURB IF. G. FINISHED GRADE T.G . .... TOP OF GUTTER F.H. FIRE HYDRANT T.W . .... TOP OF WALL F.L. FLOW LINE (35.48) EXISTING ELEVATION F.S. FINISHED SURFACE 42.17 PROPOSED ELEVATION A-Emvsx,te a- avapAwr � .4$50C1ArES 17141 ft1RR11.P 4kZA1aE IR111VIC.,, C4. SZ714- (714,) _-f40-e001 CONSTRUCTI6N METHOD OF LOWER MAT SLAB 1. Excavate entire parking garage area down to an elevation just above the groundwater table (i.e., El. 1.01 ±). 2. Provide method to stabilize the bank and to maintain the excavation. The Contractor shall prevent any undermining of adjacent sidewalks, streets, and utilities. 3. Excavate one quadrant at a time down to bottom of slab. 4. Pour one quadrant at d time using the other quadrants as well as the area between the boardwalk and the bulkhead as ponding areas for displaced groundwater. 5. The Structural Engineer shall provide the necessary details for: 1) the keying of quadrant slabs, 2) continuity of reinforcement. 6. The Architect shall provide the concrete specification and method of waterproofing for garage slab. 7. Under no circumstances shall groundwater and/or displaced water and laitance be pumped directly into the bay or be allowed to enter (either directly or indirectly) the existing storm drain system. C17,r .4.r AIMIZ70er BC401 NWRIA46 06I.W71YEAIr SHEET, C-41 D-EVELOPER, Engin inr- .7 WOOLWY Lllermg, CIVIL ENGINEERING LAND SURVEYING A114BREY GLA55ER 150 floulorino, Suite 132 PRECISE GRADING PLAN 11980 SAN VINCENTE BLVD. Cost i Mesa, CA 92626 (714) U"221 FOR- 5u/re 902 LOS ANOELE5, CA 900,0-9.,, EDGE, ER f P'L A, C E "ARK HOWARZ) 309 PA LM STREET 503 EAST' CDOEWArER NEWPORT BEACH, CA. BALBOA, CA 92661 ROBERT L. WOODIN&S' OATE (714 673 -1395 ACE. 33706 t1N. DEWArERING POWER SOURCE WIBACKUP — T Z;) 1: -J 0/ 4� 3 ILA"/ '�X �1, CAI H a,, VC)Q- C/ 7' 0 )< k 12/1 14 . "R L DEWArERING POWER SOURCE WIBACKUP — T Z;) 1: -J 0/ 3 ILA"/ n �'!�AD E_x1S7-11vG pAvEmENr REIMFORCED CONC. SLAB PER 3rRUCrURAL EN6R. SECTION A -A NO SCALE COK45rRICTION NOZES KATER� f 01 REMOVE ALL EXISTING WATER METERS AND SERVICE LINES EXCEPT FOR BALBOA LANDING. -W, C2,, . ... . ...... k 7 03 CONSTRUCT 8 WATER LINE IN BAY AVE. PER STREET IMPROVEMENT PLANS (SHEET' . . ....... . 3 OF 4). A� CAP EXISTING WATER MAIN AT PALM STREET, AND EASTERLY OF BALBOA LANDING METER (POINT A). X REMOVE EXISTING WATER LINE -A'S NECGS'3AR-/. S�NQN 0 MAI STORY SEWER A, , Al WODD BUILDING CONSTRUCT 811 V.c.p. SEWER LINE IN BAY AVENUE AND ADAMS STREET PER STREET IMPROVEMENT PLANS (SHEETS 2 6 3 OF 4) ARO 7Z�e 7- 9 �5 �; N 1,V PZA45, CONSTRUCT SEWER LATERAL FROM EXISTING RESTAURANT LATERAL TO ADAMS STREET AJ f N t" REMOVE EXISTING SEWER MAIN FROM ADAMS STREET TO PALM STREET AND REMOVE -PASS, AS NECESSARY - TEMP. BY CON'57'RlyCrION 6ARRICADE GAS A, tp, Z3 REMOVE ALL EXIS C3 TING GAS METERS AND SERVICE LINES EXCEPT FOR BALBOA LANDING. Q STOR� CONSTRUCT 2" GAS LINE FROM PALM STREET TO'EXISTING RESTAURANT CONNECTION (POINT B). REMOVE EXISTING GAS LINE FROM PALM STREET TO RESTAURANT CONNECTION RAI (POINT B) A5 NECESSARY. ILU fc� 19 ELECTRICAL REMOVE ALL EXISTING ELECTRICALMETERS AND SERV' C BALBOA LANDING. ICE LINES EXCEPT FOR 14 SET TEMPORARY POLE AND GUY LINE FOR SUPPORT OF EXISTING POLE ON ADAMS ST. PER EDISON CO. PLANS. REMOVE EXISTING POLES AND GUY WIRES IN ALLEY (BY EDISON CO.). LELEPHONE REMOVE ALL EXISTING SERVICE -LINES EXCEPT FOR BALBOA LANDING. zo STRUCTURES REMOVE EXISTING BUILDING AND FOUNDATION. REMOVE EXISTING PAVEMENT. C CONTACT PERSONNEL IAI PMeE SEWER AND WATER Joseph Delvin (714) 644-3011 % City of Newport Beach (15) 15 GAS 5 1/-74 -74- John Moreno Southern California Gas Company (714) 546-2374 U 5UBMERSIBILE PVA4P DEWATERINO MAA11FO 24 - Cl L WL N I r f 0 1 717 A J� ZZ k 11.1 FINEM90MOMP Southern California Edison Company (714) 895-0203 0"fMUq11fflZL6 Paige Blovin (714) 966-6222 Pacific Bell CABLE T.V. Charlie Roman Group W Cable (714) 642-7276 SHEET C-1.2 Vvoi3ol� IE 0 0 ., rigineemg, Ina CIVIL ENGINEErZIN-G - n LAND SUOVEYING 150 Poularho. SU110 U2 Costa Mosa, CA 92626 (714) 540-0221 ROBERT L. WOOD GS DA TH R rl IC A q -7n r- I�W/ rAINOM REVISIOUS DEMOLITION PLAN FO R EDGEWATER PLACE 309 PALM STREET NEWPORT BEACH, CA. Z;) 0, -J 0/ 3 ILA"/ a,, VC)Q- 7' 0 " vo( k 11.1 FINEM90MOMP Southern California Edison Company (714) 895-0203 0"fMUq11fflZL6 Paige Blovin (714) 966-6222 Pacific Bell CABLE T.V. Charlie Roman Group W Cable (714) 642-7276 SHEET C-1.2 Vvoi3ol� IE 0 0 ., rigineemg, Ina CIVIL ENGINEErZIN-G - n LAND SUOVEYING 150 Poularho. SU110 U2 Costa Mosa, CA 92626 (714) 540-0221 ROBERT L. WOOD GS DA TH R rl IC A q -7n r- I�W/ rAINOM REVISIOUS DEMOLITION PLAN FO R EDGEWATER PLACE 309 PALM STREET NEWPORT BEACH, CA. v S - �j L6 7�,)u � I ry) 4. z/ 61=4 4,8o .3. & 7 cL 4.42 4. 40 7C 3 � go 0 3.95-1 WW_ �i g4y 4y4c 4 S" VCR , A if. low &/4/ (11r.) 1 6406 ..... 7500 W CONCRETE EXPARS01 JTS. e IDID.r- 0% 6 76 177zW "DETAIL A", HEREON. —CONSTRUCT 1211X 611 CONCRETE GUTTER PER CONSTRUCT CONCRETE V -GUTTER PER "DETAIL B", HEREON. NSTALL 6"DIA. DRAIN PIPE (SCH. 40P.V.C., ASTM 01785)'' NSTALL 411 DIA. DRAIN PIPE (SCH. 40 P.V.C.,ASTM 01785). (D—INSTALL 2" DIA. DRAIN PIPE (SCH. 40 P.V.C., ASTM 01785)., /'�_INSTALL GRATE INLET TYPE 1450, 11 IN. SQ., WITH HEEL PROOF U& POLISHED BRONZE GRATE, PER J. SMITH OR APPROVED,EQUAL., INSTALL 6" DIA. GUTTER DRAIN TYPE 1620 PER J. SMITH OR —APPROVED EQUAL. wt (-nN—INSTALL 4" DIA. C.I.P. CLEANOUT WITH SCREW -ON COVER. INSTALL CHANNEL DRAIN WITH HEEL PROOF GRATE TYPE NDS 243 U-9 BY NATIONAL DIVERSIFIED SALES OR APPROVED EQUAL. 4-90) CONSTRUCT PATTERNED CONCRETE PAVEMENT AND/OR BRICK PAVERS -TRAFFIC AREAS) - PER ARCHITECT'S PLAN (NON CONSTRUCT PATTERNED CONCRETE PAVEMENT AND/OR BRICK PAVERS E) &—PER ARCHITECT'S'PLAN (611 MIN. THICKNESS, FIRE LAN CONSTRUCT 6"PORTLAND CEMENT CONCRETE PAVEMENT. (ID CONNEcr SUILDIN& 1?00,c DRAIN TO 5rORm DRAIN. BUILDIN& ROOF -Acff OVEi9FLOW ORAIN ro ourl-ET AT FlIvIsH IA(57'ALL 6" DIA. PVC. OR VC.P. 5,EWER PIPE ckl�_ VC.P 5EWER PIPE. 15 INSTALL .4",DIA. PVC� OR IN57ALL 2"'DIA. PVC. OR VC -P 5EWER PIPE - V, 4% MATCH EXIS rINC7 APPROX. 2& -5- '5 N I f -#6 CONT EA. FACE . 6.27 � (04" LAPS STAGGERED) _EL 314-"CHAMF-FR� 8 - (TYP) I or P #.4 n a 2,4.,, o. c. SET IN HOL E5 7,J?,0cZ. WIPORROCK— 4 Av 4f - _40/Z. J\ , A if. low &/4/ (11r.) 1 6406 ..... 7500 W CONCRETE EXPARS01 JTS. e IDID.r- 0% 6 76 177zW "DETAIL A", HEREON. —CONSTRUCT 1211X 611 CONCRETE GUTTER PER CONSTRUCT CONCRETE V -GUTTER PER "DETAIL B", HEREON. NSTALL 6"DIA. DRAIN PIPE (SCH. 40P.V.C., ASTM 01785)'' NSTALL 411 DIA. DRAIN PIPE (SCH. 40 P.V.C.,ASTM 01785). (D—INSTALL 2" DIA. DRAIN PIPE (SCH. 40 P.V.C., ASTM 01785)., /'�_INSTALL GRATE INLET TYPE 1450, 11 IN. SQ., WITH HEEL PROOF U& POLISHED BRONZE GRATE, PER J. SMITH OR APPROVED,EQUAL., INSTALL 6" DIA. GUTTER DRAIN TYPE 1620 PER J. SMITH OR —APPROVED EQUAL. wt (-nN—INSTALL 4" DIA. C.I.P. CLEANOUT WITH SCREW -ON COVER. INSTALL CHANNEL DRAIN WITH HEEL PROOF GRATE TYPE NDS 243 U-9 BY NATIONAL DIVERSIFIED SALES OR APPROVED EQUAL. 4-90) CONSTRUCT PATTERNED CONCRETE PAVEMENT AND/OR BRICK PAVERS -TRAFFIC AREAS) - PER ARCHITECT'S PLAN (NON CONSTRUCT PATTERNED CONCRETE PAVEMENT AND/OR BRICK PAVERS E) &—PER ARCHITECT'S'PLAN (611 MIN. THICKNESS, FIRE LAN CONSTRUCT 6"PORTLAND CEMENT CONCRETE PAVEMENT. (ID CONNEcr SUILDIN& 1?00,c DRAIN TO 5rORm DRAIN. BUILDIN& ROOF -Acff OVEi9FLOW ORAIN ro ourl-ET AT FlIvIsH IA(57'ALL 6" DIA. PVC. OR VC.P. 5,EWER PIPE ckl�_ VC.P 5EWER PIPE. 15 INSTALL .4",DIA. PVC� OR IN57ALL 2"'DIA. PVC. OR VC -P 5EWER PIPE - V, 4% I L-4 i k9 x I BULKHEAD EXTENSION DETAIL, -5CALE /"= ILO,' Wool-sey En &*eerm*0, Inc 0 CIVIL ENGINEERING 0 LAND SURVEYING M Paulvino, Suite 132 Costa Mesa, CA 92626 (7114) 540-0221 _/2 - es I?OBERT L, WOOD11�65 D.4t. _rs R.-C.E. 33706 SHEET C-1.3 , WIRECISE GRADING PLAN FOR EDGEWATER PLACE 309 PALM STREET NEWPORT BEACH, CA, MATCH EXIS rINC7 APPROX. 2& -5- '5 f -#6 CONT EA. FACE . 6.27 � (04" LAPS STAGGERED) _EL 314-"CHAMF-FR� 8 - (TYP) I or P #.4 n a 2,4.,, o. c. SET IN HOL E5 WIPORROCK— I L-4 i k9 x I BULKHEAD EXTENSION DETAIL, -5CALE /"= ILO,' Wool-sey En &*eerm*0, Inc 0 CIVIL ENGINEERING 0 LAND SURVEYING M Paulvino, Suite 132 Costa Mesa, CA 92626 (7114) 540-0221 _/2 - es I?OBERT L, WOOD11�65 D.4t. _rs R.-C.E. 33706 SHEET C-1.3 , WIRECISE GRADING PLAN FOR EDGEWATER PLACE 309 PALM STREET NEWPORT BEACH, CA,