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HomeMy WebLinkAboutM2014-0051MAILING ADDRESS COSTA_ TELEPHO �E NO. �� CHECK „ � \ DATE 3160 REDHILL, RM.104, 1'lli MESA APPROVED 957-7218 Z�3 /B�fG BY:' DATE APPLICATION'IS HEREBY MADE FOR HARBOR 'PERMIT 70 OCHO ❑ CONSTRUCT/SHA UBM"INE CABLE OF 'ENGR ❑ AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY NEWPORT BEACH PERMIT, POLICIESIND THE ATTACHED COUNCIL ❑ DRAWING' BY PACIFIC ;BELL COMPANY - PUBLIC WORKS ❑ DATED 4-5-84 'D p: DAT 4=5=8.4 E { 'ESCROW INSPECTION ❑•__ - SIGNATOR ❑ r /_lYl_Oi J-JVi.�-__ _. _.____-___.. _.. i NAME PACW� -NIAIIIN. , 4 Z6 su, rlLLXlftL' RM.Y., DATE OCHD El ENGR COUNCIL ❑ PUBLIC WORKS DEPT. ESCROW El INSPECTION El SPECIAL CONDITIONS: ADDRESS OF PROPOSED FACILITY- llMI* ]PE TEL E IN .0 PEC -/ Ci4ECW NO DATE APPLI"TION IS HEREBY MADE FOR A HARBOR PERMIT TO CONSTRUCT/40"A SUBMARINE -c=AnlLF-- AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING BY COMPANY DATED -4r5=04— DATE_, 4-5-0 - 4 SIGNATURE /" CITY,,OF NEWPORT BEACH, CALIF, WX FORM flsllalo <a _.Pnnt.F6rm ' Worksheet for Combo Building & Solar Permit Application I_ Comm] J_ Residential City of Newport Beach - Building Division NOTE: PLAN CHECK FEES DUE AT TIME OF $Pppff j-Building Grading [-"Drainage s Elec f- Mech j-" Plum cu Yd ut 7 u llI�'f Project Address (Not mailing address) (� Flood f- Fire [` Liq (` lie I Suite No 1600 EAST BAY AVENUE Description of Work Use F—Const Type Ke -deck east finger with wood-. # Stories # Units (if Res)s Valuation $ Material/Labor New/Add SFs Remodel SFs-- Garage/New/Add �� OWNER'S NAME Last LUGO First DAVID Owner's Address Owner's E-mail Address 600 East Bay Avenue iJacquelyn.chung@sbcglobal.net City Newport Beach State FCA— Zip 92661 Telephone 949.631.3121 '. APPLICANT'S NAME Last Chung First Jacquelyn Applicant's Address Applicant's E-mail Address 12027 Placentia Avenue Jacquelyn.chung@sbcglobal.net City Costa Mesa State CA Zip 192627 Telephone 949.631.3121 ARCHITECT/DESIGNER'S NAME Last First 7- Lic. No. Architect/Designer's Address F_ Architect/Designer's E-mail Address Cit �— y State F_ Zip Telephones ENGINEER'S NAME Last First Lic. No.s-- Engineer's Address Engineer's E-mail Address City State— Zip Telephones CONTRACTOR'S NAME/COMPANY Swift Slip Dock and Pier Builders, Inc. Lic. No. 797052 Class Contractor's Address Contractor's E-mail Address 12027 Placentia Avenue Jacquelyn.chung@sbcglobal.net City Costa Mesa State �CA Zip 92627 Telephone�949.631.3121 SETBACKS REAR SETBACKS FRONT PERMIT NO. SETBACKS LEFT SETBACKS RIGHT PLAN CHECK NO. USE ZONE DEVELOPMENT NO PLAN CHECK FEES $ CITY OF NEWPORT BEACH CITY OF NENPORT BEACHBRY j fia:ST � A II'PER PyeIFIC OCC AN VICINITY MRP NNW W. atvam MY — Hua H NO RREp6I NG JETTY EFET JETTY SaMINGS PIC EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WRTER. 5C0 a ng deck �� ge- 1 N EWPORT BA - Evc15TIN6 i WATER WN G.i. � =a — `f IT*0 FIT, DOCK F-MVISIOW � 9 �6 `if LKMEAO W �W 1 2 3 4 5 6 35:93..._ _. _ 3533_ �N _..F3AY3IDZ TRACT - 5LOCK B7 .C. t0 w M i0. w lw SCALE: l.'50 PT\ V.S. PROJH.T LINE 1 ri x s �� 181 CRQ° -aa.an Hua H NO RREp6I NG JETTY EFET JETTY SaMINGS PIC EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WRTER. 5C0 a ng deck �� ge- 1 N EWPORT BA - Evc15TIN6 i WATER WN G.i. � =a — `f IT*0 FIT, DOCK F-MVISIOW � 9 �6 `if LKMEAO W �W 1 2 3 4 5 6 35:93..._ _. _ 3533_ �N _..F3AY3IDZ TRACT - 5LOCK B7 .C. t0 w M i0. w lw SCALE: l.'50 PT\ V.S. PROJH.T LINE 1 CITY OF NEWPORT BEACH; COUNCIL MEMBERS` c� s ti s v 0 4G CG3 '70 9 A CSF October 28, 1985 MINUTES the Finding and Condition for Approval recommended by the Planning Commission. (Report from the Planning Department) 14. COMPLETION OF PRIVATE IMPROVEMENTS IN Resub 735 RESUBDIVISION NO. 735 - Lots 1 through 4 (84) of Tract 10151, located at 21, 23, 25 and 27 Hillsborough'on the northwesterly corner of Hillsborough and Spy Glass Hills Road in Harbor Hill. Approve the as -built improvement plans and the private improvements constructed in conjunction with Resubdivision No. 735; authorize the City Clerk to release the Faithful Performance Bond (Bond No. 52408286); and authorize the City Clerk to release the Labor and Materials Bond (Bond No. S2408286) in six months provided no claims have been filed. (Report from Public Works) 15. TRACT NO. 9676 - A portion of Block 55 Tract 9676 and 94, Irvine's subdivision located at Jamboree Rd 1100 Jamboree Road, on the easterly side of Jamboree Road across from the Newport Inn. Approve a_subdivision agreement and bonds with John D. Lusk & Son guaranteeing completion of the public improvements required of Tract No. 9676. Authorize the Mayor and the City Clerk to execute said agreement; and authorize the City Clerk to release the Faithful Performance Bond and the Labor and Materials Bond (Bond No. 5785369). (Report from Public Works) 16. 1985-86 STREET AND ALLEY SLURRY SEAL St/Alley PROGRAM (C-2503) - Extend the bid date Slurry Seal from 11:00 a.m. on October 31, 1985 to 1985-86 11:00 a.m. on November 14, 1985. C-2503 (Report from Public Works) (38) 17. CITY COUNCIL TRAVEL AUTHORIZATION AND Council EXPENSE - Approve travel expense record Expense for Mayor Philip Maurer in the amount of (33) $703.52; and for Council Member Donald Strauss in the amount of $615.04 (trip to League of California Cities Annual Conference in San Francisco). 18. HARBOR PERMIT APPLICATION 112-604 - Harbor Perm Approve the application by Balboa Marina 4112.60 Fun Zone, Ltd. to revise the commercial (5) - docks bayward of 600 East Bay Avenue, subject to the conditions of approval listed in the staff report. (Report from the Marine Department) Volume 39 - Page 405 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES r, a I ^ A I'A October 28. 1985 INDEX II VL. L..V/1` 19. SPECIAL EVENT PERMITS - For approval, Permits/ ISpcl subject to conditions in staff reports Events from Business License: (65) (a) Estancia High School on November 1, 1985 at Harbor High for fireworks at half time. (b) Rick Cole Car Show on November 30 and December 1, 1985 at the Newporter. (c) Ed Miller Dinner on Beach on November 28, 1985. 20. BUDGET AMENDMENTS - For approval: (25) BA -038, $540 - Transfer in Budget Appropriations for electric typewriter; Purchasing and Warehousing Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed ordinance amending a portion of GPA 85-1(c)j Districting Map No. 18 (Planning U/P 3155/ Commission Amendment No. 620), together PCA 620 with GENERAL PLAN AMENDMENT 85-1(C); (45/88/94) AMENDMENT NO. 7 TO THE LOCAL COASTAL PROGRAM, and related APPEAL BY S.J.S. DEVELOPMENT CORP. ON USE PERMIT NO. 3155 AND AMENDMENT NO. 620 AND TRAFFIC STUDY, were presented for public hearing scheduling on November 25, 1985 with reports from the Planning Department. Motion x Motion was made by Council Member Hart, All Ayes and there being no objections from Council Member Agee, who represents the subject district, that the following agenda items be scheduled for public hearing on December 9, 1985: Proposed ORDINANCE NO. 85-31, being, Ord 85-31 Zoning AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 18 SO AS TO RECLASSIFY CERTAIN PROPERTY FROM THE R-1 and C-1 DISTRICTS TO THE P -C DISTRICT (Planning Commission Amendment No. 620). GENERAL PLAN AMENDMENT 85-1(C) Consideration of an amendment to - the Land Use Element of the Newport Beach General Plan so as to redesignate a portion of the property located at 3901 East Coast Highway, Corona del Mar, from Volume 39 - Page 406 / t'Z_—Co0 Ir CITY OF NEWPORT BEACH Marine Department Agenda Item No. F-18 October 28, 1985 1 TO: MAYOR AND CITY COUNCIL FROM: Marine'Department SUBJECT: HARBOR PERMIT APPLICATION 112-604 BY BALBOA MARINA FUN ZONE LTD. TO REVISE THE COMMERCIAL DOCKS BAYWARD OF 600 EAST BAY AVENUE Recommendation: If desired, approve the application subject to the following conditions: 1. Approval of the California Coastal Commission, 2.. Approval of the Army Corps of. Engineers, 3.. Approval of the City of Newport Beach Public Works Department regarding plans and specifications, 4. Relocation of the vessel pumpout.station as designated on the plans, 5. That a 15' minimum fairway be maintained between side ties closest to the boardwalk, 6. That the number of vessels in the marina not exceed.22, 7. That those conditions attached to the Harbor Permit approved by the City Council on 11/13/79 that are applicable to this permit be included in this permit. This application is before the City Council as required by Section 5.C.3. of the Harbor Permit Policies which states: 5.C:3. "Prior approval of the City Council will be required before issuing a permit for.shore-connected structures when the abutting upland property is zoned commercial". The applicant is proposing a revision to an existing commercial marina. The revision will not affect the number of boats berthed there, but will enhance the mari'na's ability'to accomodate larger` vessels. The basic overall configuration of the marina will remain the same. The vessel pumpout station will be relocated from the southwesterly corner out to the northeasterly corner, next to the public, dock. This should increase its visibility and useage. David Harshbarger Marine Director Tony Rie um Tidelands Administrator TM: db Drawing ;attached PALM STREET -•-4i 5!'s -___---t IDEAN w.�T I qU i .i IM I II ' i I f I i Z i\ mF Y o I 'U N z€ I A I — —�`y ------ `c yP W TranabPnt ,NEW Pum -o m Station i N WASHINGTON STREET a F I � I i BALBOA FUN ZONE MARINA �n - ARCHITECTS YAVAR INDUSTRIES, R.E. wy.a i ARCHITECTS SBO NEWPORT CENTER DRIVE SURE 21S „ w•• ,,,�,,,, w,,,,„, NEWPORT BEACH, CA. (714)720-7480 U A. JONES CONSTRUCTION COMPANY MICHAEL J. STATELY Construction Manager 4� ?3 1601 W'ORANGEWOOD AVENUE ORANGE, CALIFORNIA 92668 .. ... (714) 538-0224 _ ® CITY OF NEWPORT BEACH a - o I July 17, 1984 M. J. McCard Pacific Bell 3939 East Coronado Street Anaheim, CA 92807 Dear Ms. McCard: Herewith the Approval in Concept for instal ling am.underground cable across Newport Bay and the Staff Report made to the City Council concerning your application. When you have met the conditions listed in the Staff Report we will issue the permit for the project. Sincerely yours -_#� Tony Me m Tidelands. Administrator City Hall - 3300 Newport Boulevard, Newport Beach, California 92663 STATUS SHEET �ARBOR PERM11ITS LOCATION v,v PERM11T NO. I Rev i s APPLICANT NAME . . . ......... Dredq CO'),NTRACTOR 490 Date Rec'v r Fee Amt. SId Fee Proces Date Reviewed by Marine Dept._ Approve --Den led-------.- Corection Required Description C C Ly Council: Approved R ema rk s DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC- SARWQCB J. Iri. C. 0 Ap -pl kation 2. Consent LLP". 3. "Waste" Ltr. Drawings 5. Staff. Report M A R K IS FINIAL INSPECT, ",TY �. — LE (11) 136XD VFBJ 7 RSC 85E�ST. ST 10 1— . �`CITYO E NEWPORT BEACH Tsy PERMIT NO: -EP— --- = ENCROACHMENT PEPr'IIT AMOUNT FEE PAID' $ APPLICATION FOR: CURB CUT = SEWER CONNECTION RECEIPT NO. (CHECK ONE) QZR3 STREET EXCAVATION O WATER CONNECTION C1 UNDERGROUND UTILITY" = OTHER SEWER CONN. FEE PAID C--7 WATER CONN. FEE PAID ADDRESS OF WORK BAY AVE. &PALM STREET APPLICANT'S NAME ADDRESS PHONE NO 3160 REDHILL, ROOM 104 PACIFIC BELL _COSTA MESA, A 92626 957-72-18 r OWNER'S NAME ADDRESS PHONE NO. CONTRACTOR'S NAME ADDRESS PHONE NO. CONTRACTOR'S CITY BUSINESS LICENSE NO. STATE LICENSE NO_ The applicant hereby makes application to EXCAVATE TO PLACE CONDUIT AND CABLE PER ATTACHED DRAWINGS. (See attached fans)' P SPECIAL CONDITIONS;OF APPROVAL"(REQUIRED BY CITY):"rS L; -IL-I4 . fypS, 2 , No ix. oitr-' Pc 4t5V Q 1\40dt Alt s a � WORKERS' COMPENSATION INSURANCE (Required by Section 3800 of Labor Code) -', Applicant must check one of "the boxes below:.. - Applicant has furnished to the City a certificate of workers'compensation insurance an admitted' surer and conforming -to Section 3800 of the Labor Code-, or an exact c certified by the insurer. The insurance certificate shows the expiration date of.tbeowavrq.. If the policy lapses or is cancelled, this permit shall be deemed to be revoked_,;- :"- y .," - Insurer Policy No- Expiration Date..~ -does I certify that the total cost of all the work covered by this permit not exceed One Hundred Dollars ($100.00) I certify that in the performance of the work for which this permit is issued, I shall not e l any person in any manner so as to become subject to the workers' compensation laws of.Calif The terms and conditions of this permit are printed on both sides of this form. Applicant der acknowledges that he has r and understands said terms and conditions, and that he agrees ide by them. 4-5-84 Ar App cants Signature ::: Date N. WENGEL, CONDUIT; ESIGN ENGINEER DEPARTMENT P V L REQUIRED DATE SIGNATURE - TITLE I EXPIRATION DATE OF PERMIT: PERMIT ISSUED BY: DATE ISSUED: J WHITE - PERMIT PINK - TEMPORARY YELLOW - APPLI . OFFICE COPY (�- - CPO C{ my - Platte COMMERCIAL CORPORATION A SUBSIDIARY OF PLATTE VALLEY FEDERAL SAVINGS & LOAN May 9, 1985 Mr. Tony Melum Newport Beach Marine Department City Hall 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mr. Melum: Pursuant to our telephone conversation, it is my understanding that the Marina Permit Rights for the Balboa Fun Zone Marina are currently vested in the name of The Balboa Fun Zone Ltd., a California Limited Partnership, and that these rights were transferred to this entity on January 23, 1985. Please acknowledge that this information is correct by signing in the space provided below and return to me via AirBorne or Federal Express (COD). Thank you for your prompt attention to this matter. Sin ely, I � Doeinrich Assistant Vice President DH/sla I have read the above statement and confirm that the information provided therein is correct. DATE: ,7 i3 JJr CITY OF NEWPORT BEACH BY: TITLE: �# 5 14001 East lliffAvenue, Suite# 607, Aurora, CO 800140 1-303-337-0953 4. 74 7r� 0 441 a w $ AS. ��r �ka Parvl�� De',�+ < r. e-ik S. A l + k n //���s, �9 � p/�{ Jt\ (� loo (y ... .... .V. tv..r .K�..� Cl. iR'a— 0 \ a1 mw.. ✓.f ?. . a! O oy 0 4'42 p ic ./ - - x .' "" 'lam �° -,: , i '> a, L.-1- 2- r., - s, � PO 4 SEW CITY OF NEWPORT BEACH r) U -�4- -Z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 April 17, 1985 Bruce Wank Yavar Industries 4533 MacArthur Blvd. Newport Beach, CA 92660 Dear Mr. Wank:. As a follow up to our letter of February 14, 1985 regarding the placement of excavated sand on City beaches, we want to emphasize that this placement must be made before June 15. After that date City beaches in all likelihood will be so crowded with summer users that it will be impossible.to place the sand there until after the summer season. If you have any questions,in this regard please call me at 644-3044. Very.truly yours Tony Meum Tidelands Administrator tonZ 3300 Newport Boulevard, Newport Beach April 12, 1985 Bruce Wank Yavar Industries 4533 MacArthur Blvd. Newport Beach, CA 92660 Dear Mr. Wank: On 3/15/85 Ray Garver of our department met with you regarding our letter of 2/21/85. From that inspection it appears the following requirements still need to be completed: 1. Pump out station still inoperable and inaccessible. Replacement and allegedly reliable pumps are available through Ardemco, Mr. Bob Murray, 213-833-8232. 2. Transient slips need to be identified in writing by applicant and designated on facility itself, such as: "DAY USE ONLY", and painted on docks. 3. There is no visible location for trash disposal for marina tenants. Please contact me at your earliest convenience so that these matters can be resolved. Sincerely, � Tony Melum Tidelands Administrator TM:db 3300 Newport Boulevard, Newport Beach C ES Z. E. March 25, 1985 City of Newport Beach Marine Department P. O. Box 1768 Newport Beach, California 92663-3884 Attention: Tony Melum Tidelands Administrator Dear Mr. Melum: Pursuant to our telephone conversation, enclosed please find a copy of the letter which you requested. Please notice number 10. If you have any questions or comments, please do not hesitate giving me a call. j BW:Jy Enclosure 4533 MacArthur Boulevard, Newport Beach, California 92660 714-756-1860 Mr. George Robertson Platte Valley Commercial Corporation 1 Civic Plaza, #230 Newport Beach, California 92658 RE: Balboa Marina, Ltd. Dear George: Enclosed is a copy of our preliminary checklist reflecting items still needed prior to closing on the above captioned loan. Listed below are several items from the checklist that I have gone into detail in outlining, or are not included on the checklist: 1. Insurance All insurance requirements as outlined in commitment letter dated 2/26/85: a) Builder's Risk Insurance; b) Workmen's Compensation Insurance; c) Comprehensive Public Liability Insurance; such other insurance as may be reasonably required. 2. Certified Alta Survey Must be certified by survey, -.,,r to "Platte Valley Federal Savings and Loan Association" and also to the title company (Safeco). Copies must be sent to both places. I have attached a complete list of detailed criteria for the survey. 3. Current Coastal Commission Permit reflecting Balboa Marina, Ltd. Approval of plans and specs by Converse Consultants (soil engineers). 5. Verification that Marina permit rights run with transfer of the property and fee simple interest. Fixed guaranteed construction contract, signed and dated, including bonding, dewatering, and all costs associated with installing the parking structure. (Paragraph 16.2 (2) of unsigned contract excludes a portion of this)® 7. Acceptable verification that the borrowers paid at least $4,125,000 for the property. 14001 East IN Avenue. Suite#607, Aurora, C0800140 1-303-337-0953 Mr. a I George Robertson -- March 20, 1985 Wage Two (2) g. Acceptable parking lease and assignment, subject to review by legal counsel. . 9. Verification that the Ferris wheel location will remain with the fee ownership of the property. x,10. Satisfactory inspection of the bulkhead by the Marine Department. ;�. 11. Verification by appropriate agencies of public required offsite improvements and related costs. '9 12. Flood insurance. 13. Current financial information: WANK a) Resume b) Need signed Credit Report Application. c) Need current credit report. Report in file is dated October, 1984. d) Need all current VOD's and MHR's. FERRANTE a)a)"Financial Statement dated 12/31/84, needs to be signed. Does attachment to F/S need to be dated 12/31/84, rather than 12/31/83? b) Need signed Credit Report Application. c) Need current credit report. Report in file is dated October, 1984. d) Need all current VOD's and MHR's. k e) Still need explanations for 3 liens: Filed 9/12/83, $2800; pj Filed 9/24/84, $4349; Filed 11/04/83, $258. E VALDES a Need signed Credit Report A ation. b) Need c nt cred° eport. Report in file is dated October,' 1984. c) Need 1 current VOD's a 's. Mr. George Robertson March 20, 1985 Page Three (3) YAVAR a) Need signed Credit Report Application. b) Need credit report. c) Need VOD's and MHR4s® d) Need current signed financial statement. Statement in file is dated 7/13/84. a) Need copies of 1983 and 1982 U.S. Income Tax Returns, 14, Tradename Affidavit and Borrowing Resolution for Balboa Marina, Ltd. (According to Amended Certificate of Limited Partnership dated 1/16/85, the General Partner is Balboa Marina Fun Zone Corporation of which Ferrante is President and Yavar is Secretary). 15® Written consent of loan by Jorge Yavar as per attached letter dated 3/11/85. Please direct the documents to Doug or myself. Cordially, Sherry L. Allison Commercial Lending Division sla Enclosures. cc: Mr. William Biel Rutan & Tucker P.O. Box 1950 Costa Mesa, CA 92628 Mr. Jorge Yavar Yavar Industries 4533 MacArthur Boulevard Suite C Newport Beach'. CA 92660 Mr. Doug Heinrich 141WILLIAM M. SIMPSON -� CONSULTING STRUCTURAL ENGINEER. �J 2222 NEWPORT BLVD. NEWPORT BEACH, CALIF. 92663 U.S.A. (714)675-6110 March 11, -1985. Dayton Associates Architects 224' Sapphire Ave. Balboa Island, CA 92662 Re Bulkhead @ Newport Beach Fun Zone -- ConditionReport Job #3643 Gentlemen: Please be advised that on-site inspections and observations have been made of the waterfront bulkhead adjoining the Fun Zone. This is approximately 300`11 in length purported to have been in- stalled some 20 to 25 years ago although no construction drawings are to be found. The exposed face of the bulkhead piles are in reasonable condition showing no stress cracks, spalls or signs -of deterio- ration or bursting due to rusting of reinforcing. The pile cap has some shrinkage cracks but these are considered to cause no structural deficiency. It is -my opinion that the bulkhead is suitable and acceptable for its present use and will prove sat- isfactory for a considerable period of time. R spectfully Submitte William M. Simpson WMS/tf 1 ,4 ,r_ . DATE -, 4 TO THE ORDER .... ....`.,, '' .. CHECK NO. .. r,4 ..AMOUNT..._,_ yy Gi , .., ... i t ,•t fir_-, ,,:..Ar -...ro• .a". r: ,, .`�, °:' '. ?.." y:.77- .. .:.. ,.. , .o r., t n.. : .. a .. :. _ :. .. ... :: .. • .. ... ,: .F.. ` �. ;._:: .. > � ,. , �.. ;.: , }l. e.1a s ... ...., t :. .. a... r.6-. :. ,t "r .. , : ... _ a . s .P ) • P .. , ... .. . ... .. a^:, a r: < • :e • '.. l .. , : . .. e a ,w. : ', .... .. _:, . �: � •, .;. � ., .. .' n 't ... ,. a .. a -., a .. .. a ... .' '.: <..1 va. a Y. CONSTRUCTION 'N01 r_.�:, . PLEASE CALL 800-422-4133 24 HOURS IN ADVANCE OF NY RAI _ - �t ,WHIN R .at=OFi 'STF2UCTURE AS _ A G a NG _r_._ _ _SHOWN _ON ' PROMLE g, ..:. . 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FACILITIES. lt1- SaFss.rctac ro sr?acra4c tL ♦o/Lg i _` 4:rALL- T.FAF..FIC_.m`G4NTRdl� -iO .t3E tN _ ° ._.... «. _ _ _ __ , .. , ...... .. t�.. . ..-5.tr� , �•t��L ...., ., ..W_O�.O_..— A_,..R.E-.A. ,- rRA;=F.,-I.0N .40,11.4 .11.> sr�..$Af_ v wT+-1 ,COo.III LrO�� . , .. . _ , . , . _ . ,..._ �._ _,. __♦C'dhtTRo�..'®HAnt®BCXJK:"_ _- ___ ,.: , _ _. _. \F. ... t®t/•7D tc:Ra✓AtL, ,., _ G.O .....:... .. ...<. _ :.: ._- . t _ ._,.... r3.�mV'C7tCJ"�:BEAND __.._._,...._. --- °� . ``� ti, - • t - ' f e c ° -r v:LA r . _ _ ._ ®suelMArtlntt� CAB`E To BE . FILLED, v" WITH co, . 8 g N I'�. ( J ®t�E _ _ _ _., .. _ .� :_SAND : , 5LURRY '-;aND Ntp.DG WATERPROOF. 6G `• `� , XG TING CN DCft NOL > . '-. ...._. _..,.: _.- _ .__.-.__....-_.._ .. _.,......_..._,.-a-... _._.-..,_ _...._......._.-., . .,-_,._._..._.._, '.� .__> _® ._...... .. .. .....__---__._...m..._....,......,._.._._._....._...,....o.,.....__. ......,........<._ >....... _.._..»_.,.., Wµ•tA r•.... 1. t 1,.... <-.- _ .. m C F{SyL. 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EXIST ® 1:1 ED PU13LIC pts r . • C,�� �-(� .,--°' Pt t � Y. � �L 646 �� rya. _ � �`-�''UA�teR ® cg �•� , ""'.l500X � 6ta5 �•. _._� ., �_ -• - -... � �:. ., F'IEii 6. .. ry.5 , rs pqe `p[ CahtCRETE PILE .._ Sz! 4L l CABLE W7 a btu ate' v PL 372` SUW,jAWNE = 77 , p X 26 vA, J _ 1500 _. '50,OCS�..m �2 ._. _:.50.00.._... ata-� PL 56 8 �{ r _.._...__._ ,_ poTNOt L . o �_ _ _... , __ _ - t OCA n -!4 REPArKi EXPSL;LNt1T. -.. '- .. , . . ��._. 449. : �.m ` :.... .. ..@ .: >_ �.. n. . �yJnt,L Y P f. RA4N BOX . . . . - .. - ` Lt GE Ext . O , ' , • I 7 t, � ,._._._ "'0.50• _ ' - - .. > .... _ . _ ..- - - _ _ . � , _ . _ ``",.`-:..'•,. _ 1l _ _...__.tc x - 0p _ ._ >_.. .... , _ . "SEG. NCr.'p'AS- 5!-idWrt:_v`' i - B� -H. 5U . -COV s . _ _ . .._ ._.. ,_ • ,- , ; ; , _ __ AT H 010 , . ; ; . , . 4s. v .r , � .... � i_ � Ml-t.26o_ { _,:.. , , : ,_ , .. 3 _, •3 ..1 ...: x ..>. , ..: � Gi/4 . 9G . <._.,. DESIGN ENG:te p. N. tNEN6Et_ 1 �a_ E _..__.. .,..SCAP L E . ' -62 23EXGNGNGE9sOO St10n;DNTC EGA27EV. 669c2370 b 00 . _. � cam, _. '... AND TEL. CO. r 6 LATE REv�stoRs THE PACIFIC TEL. QO .'..: _•.- :. '4i167Ii f `3 2 /8 O VCSU•T gc. s.. - • , ,zs • , ,' , ' , � + pE i G zr hfOR W LL Piwt .2 a oL E . r j- ... .—. _' .. C F�.C!-t THt.:L�67• .._ o c. B 2. �A a a s✓ Ex cR N wcr�FtY � l3 SOUTHWEST LL LOOK ualx7FA.S _Sr . .... ._.ENGR -z... TEl _ GA._,..,�.. -. ..-�.,._.a > .. _ -_ , , , . . .. e . ... .,, , t .-;..»..... .,4 ..~e._ ,, -. _ _..,.. ......,. ,_ s_ _ - '. OFFICE' PE QP CONST •l � - , ROUTINE • � � 'DATE PCE' TY (JIT. CABLE: ►RE PA RED v--( RO/EST NO 11 t3FiJ r^ rt CHECKED L6 Q APPROVED777 , ... ; -.: , ......-:.. _. ,. ., ..t.-.. ,__. ................ . . ,. _. .. . ' � . ... -d':L• xi ' DWG (or SS. ( r "APPROVED .. . . ... :. E .. ..:_:..... pI.T► CIR{RIGM.roiT ElGM11pM tOtO.a6 -, .... , ..< - . , _..>.. , ...:- . °...... - , ,.- .. . .. , .. _...v., .> _..._,.._ .,-.-e ...., _.. . .,... m... ,. a >. .. ... - _. -.. ,. .. OWNER d_C®NC. _.._DIRT _ PVT.'` CITY OE `" 4e'x ! _. B. X N O9ACI, ` :..._� 4t3 FT 8 S4. Fi U.S. GOVERNMENT tOt65Q.FT- _ AGPROXIMA'fE:".-VERIFY, LOCATE ,ANC7. .3), R -BEi✓OE EXCAVAitNG`_CALL.: _ _ .:.._. . .. :G:�SEFZVtCE:�fi.L>=Ri �80o s22-•4183_m���_ ,' ,.-rte..._. �. '. ._ _ ._...®._....__- 4_®_._._• ._ . 3 4r„ cr __ _a_ __ _ _ _ ._. ®_ w ... AS TO ACCURACY OF LOCATION OF .. ; .. _- � � . ,:.-�. - .. . _ .. FACILITIES. lt1- SaFss.rctac ro sr?acra4c tL ♦o/Lg i _` 4:rALL- T.FAF..FIC_.m`G4NTRdl� -iO .t3E tN _ ° ._.... «. _ _ _ __ , .. , ...... .. t�.. . ..-5.tr� , �•t��L ...., ., ..W_O�.O_..— A_,..R.E-.A. ,- rRA;=F.,-I.0N .40,11.4 .11.> sr�..$Af_ v wT+-1 ,COo.III LrO�� . , .. . _ , . , . _ . ,..._ �._ _,. __♦C'dhtTRo�..'®HAnt®BCXJK:"_ _- ___ ,.: , _ _. _. \F. ... t®t/•7D tc:Ra✓AtL, ,., _ G.O .....:... .. ...<. _ :.: ._- . t _ ._,.... r3.�mV'C7tCJ"�:BEAND __.._._,...._. --- °� . ``� ti, - • t - ' f e c ° -r v:LA r . _ _ ._ ®suelMArtlntt� CAB`E To BE . FILLED, v" WITH co, . 8 g N I'�. ( J ®t�E _ _ _ _., .. _ .� :_SAND : , 5LURRY '-;aND Ntp.DG WATERPROOF. 6G `• `� , XG TING CN DCft NOL > . '-. ...._. _..,.: _.- _ .__.-.__....-_.._ .. _.,......_..._,.-a-... _._.-..,_ _...._......._.-., . .,-_,._._..._.._, '.� .__> _® ._...... .. .. .....__---__._...m..._....,......,._.._._._....._...,....o.,.....__. ......,........<._ >....... _.._..»_.,.., Wµ•tA r•.... 1. t 1,.... <-.- _ .. m C F{SyL. EXf l PKA04FSW . ._. . -.`.. .:... _ .,.___^._.-.._. ___'...._.�s _. _:.:... .. .. "•.v.._.. _ . �=,-''.-•` ��o.-. tc��' _ d � :. •` :... . ._ .. _R®.zoo.'. ; . _ b ®� � . u _ NEWPORT.. _BAY _ _ ` �� t 15 W _. !4� C7t' t2 ._ . _... G r :. i!` ,r'e'p 1 '. .� . Y) .--� ;.. ,. .' - :. _ ,.. , .:. _ . , : _ _'.. 5•�` � . _ : .. vc n> - "•1-!•� . _ _ .._.. _._ ....... � -: _ a . ...:. ...... ..... <. .. _ .... .. , .... ..., ........ ... .. .. ...- . � . ..,gyp. `� "C,�yi . `, 6 - _ b Area 5 . � �� :. • , . , (�{ _ `' 4 �� , _ -- ?ft V Q �"� .., �„-r' •�\S�C�P 6t2'` �' r' .. ._ . _ -t 5 cn�6�E ___ , t .. > s'�`' _ f�> EX IST . SC 16MAF21NE . C4Bt5 mtr _.:.. _ r c • ASE "SLACK"LOOPS _ IN VICINI'T'Y o..•,.:.. },t apt D gFpt a t.OVEEPRTtFFY_.PRIOR 'T OLtGKOANTStTORNU.0�TrvO:aN._ A;lVR0X, . WGaF � pJ io ,CA5LS .•' , ,t 't—� ;:; N. g5 to r46qct Ot}C`'1i CJa l aQ 5tJ6MAW lIECABLE: Zi42-26 '_-ewW.att52`,__.... EXIST ® 1:1 ED PU13LIC pts r . • C,�� �-(� .,--°' Pt t � Y. � �L 646 �� rya. _ � �`-�''UA�teR ® cg �•� , ""'.l500X � 6ta5 �•. _._� ., �_ -• - -... � �:. ., F'IEii 6. .. ry.5 , rs pqe `p[ CahtCRETE PILE .._ Sz! 4L l CABLE W7 a btu ate' v PL 372` SUW,jAWNE = 77 , p X 26 vA, J _ 1500 _. '50,OCS�..m �2 ._. _:.50.00.._... ata-� PL 56 8 �{ r _.._...__._ ,_ poTNOt L . o �_ _ _... , __ _ - t OCA n -!4 REPArKi EXPSL;LNt1T. -.. '- .. , . . ��._. 449. : �.m ` :.... .. ..@ .: >_ �.. n. . �yJnt,L Y P f. RA4N BOX . . . . - .. - ` Lt GE Ext . O , ' , • I 7 t, � ,._._._ "'0.50• _ ' - - .. > .... _ . _ ..- - - _ _ . � , _ . _ ``",.`-:..'•,. _ 1l _ _...__.tc x - 0p _ ._ >_.. .... , _ . "SEG. NCr.'p'AS- 5!-idWrt:_v`' i - B� -H. 5U . -COV s . _ _ . .._ ._.. ,_ • ,- , ; ; , _ __ AT H 010 , . ; ; . , . 4s. v .r , � .... � i_ � Ml-t.26o_ { _,:.. , , : ,_ , .. 3 _, •3 ..1 ...: x ..>. , ..: � Gi/4 . 9G . <._.,. DESIGN ENG:te p. N. tNEN6Et_ 1 �a_ E _..__.. .,..SCAP L E . ' -62 23EXGNGNGE9sOO St10n;DNTC EGA27EV. 669c2370 b 00 . _. � cam, _. '... AND TEL. CO. r 6 LATE REv�stoRs THE PACIFIC TEL. QO .'..: _•.- :. '4i167Ii f `3 2 /8 O VCSU•T gc. s.. - • , ,zs • , ,' , ' , � + pE i G zr hfOR W LL Piwt .2 a oL E . r j- ... .—. _' .. C F�.C!-t THt.:L�67• .._ o c. B 2. �A a a s✓ Ex cR N wcr�FtY � l3 SOUTHWEST LL LOOK ualx7FA.S _Sr . .... ._.ENGR -z... TEl _ GA._,..,�.. -. ..-�.,._.a > .. _ -_ , , , . . .. e . ... .,, , t .-;..»..... .,4 ..~e._ ,, -. _ _..,.. ......,. ,_ s_ _ - '. OFFICE' PE QP CONST •l � - , ROUTINE • � � 'DATE PCE' TY (JIT. CABLE: ►RE PA RED v--( RO/EST NO 11 t3FiJ r^ rt CHECKED L6 Q APPROVED777 , ... ; -.: , ......-:.. _. ,. ., ..t.-.. ,__. ................ . . ,. _. .. . ' � . ... -d':L• xi ' DWG (or SS. ( r "APPROVED .. . . ... :. E .. ..:_:..... pI.T► CIR{RIGM.roiT ElGM11pM tOtO.a6 -, .... , ..< - . , _..>.. , ...:- . °...... - , ,.- .. . .. , .. _...v., .> _..._,.._ .,-.-e ...., _.. . .,... m... ,. a >. .. ... - _. -.. ,. .. • O� r 6v,- . 35� x 3Va009 -s --- _ TA E.N SROM ; REGORQ5 AMAILABL-E ND IS" APPROXIMATE. 'VERIFY, LOC,a.TE d- 1 v1D PROTECT A5 REQUIRED. 3) BEFORE EEXGAV.AT'ING CA.L..i..: U. G. 5EFRVICE ,ALERT 800-4zZ- I33 vv I Ar vt3 4) Ala- TFR.A.FFIC CON-r"ROL. TO BE. i 7'0 s r� ter. g e AGGORt�•hICE WITH WORK ARF_.,,0. 9 RAFFIC "} r1�O (love r CGt�!"t"Rt7L NANt7BG70K. >rN (10''�'' (SO L 7`-f S 10 0) 5•) VOID DF-TWEEN 6" CONDUIT AND L,A p 5 B)SAARINE CABLE TO, BE I^IL.LED WITH . . ,Lya-%'.�,• ,, PIPE CS 5 ND SLURRY AND MAWATER ROOF "'ten �► GO GRE -re PIL-E e _- . , J , �.. ---- NEWPORT BAY _ 4 I � rel Gp 1. 7n,7!- ,01 S � 3 to ccr.Pc°.aciu CAS z cl 00 b Rt, j�ORP� - g U� NtARINI~ 1 8' Gw� a - ° CAUTION EEL. f�?5T5 p, ' EX15T SUBMARINE CA13LE5 t1+ SLACK LOOPS IN VICINITY 3 , 0u o R�' , vERtt=v ex,Ac'T' Lc�CAMON F t--- ��g W 1rr.. L o x Loc. o �c ,`,... , ,NA Loi DEPTI-( PRIOR TO :CONSTRUCTIQN. pPPR A"QQ 1,5T I N63 pUftp%- 411017 lop 1Q tJE CABLE 2142 - 26 AA .� , 1�I,nAw vvw 1 I sz > O CN. 0 1 F! Eo PUBLIC . • PIER } GS PL 04' su13M�N c - -' i 1 . `' FLOATIN .., ,A.O G.7 C 1500 X;`' ibs fes, ° PIEFC -7 I e fi _m U1 25 N, . •, :.m, .'„� _' • ° ONGRET'E PILE �. �• - � `' 7 ` 0 .... ,;.. t RINE CABt _ �� PLS- G' 2- f PU O PL. 372 SUES _ !o s _. Z _ � gp.oa c-� . _ .00 W TY E X 26 5 O (. - - - �,�. � ;zs• ./9�+Q /'ter, _ - 0.0. - SEA 1 • a�,, , 449.7A - �sANa 1 WALL ? 50. owo �J 1oo . 50 ` d, _04:19-7_ i50.O� SEta, NO.:, A5 OWN C s . -'713 .'tx - � ._. c. t: L - .._ .a _ _. TGM = 35"13-5 ° 4,0 7 d `1 CLQ L RX CAll t"° ; y NiAP s 5Ul3. GAB - -.CVM S�f—.Ij..F • J.a AT MH ®io c� .. , rr - 2� eek �=r-� AT MH 280 OSS ' 1.1 =1G®I7 r .9G, U,G. DE51GN ENGR. �, ra N. Wt?N<3 EL 95.7 -7218 , G i• - y'r E; E A Rhe �~' i 0 0 excl-�,rv� ELIGR , {L`4 rO D SUBWAY CONTlaCT : PE.N raG-�9-23 k Y 4 0Q0 `z 00 6 CO*'' DATE 0(�) L e t 1) cGEO-,o: 8 LBOA RTHF..AG7_ W LL �. _ r6,-,( EXCN RT $E- NO .. t>r,ar L- L 2, ' t A k avo l4vt SOUTHWEST N1tAl.L LOOK NORTHEAST (.GOK,SOUT6•'IWEST ENGR... TEL a ROUTINE DATE OFFICE' TYPE OF CONST CONDUIT > SLE,. PREPARED' CHECKED RO/.ST NO LF -015 13 APPROVED 3 , ;> DING I —OF 55, ]APPROVED P504 °_.._._..... _ , •. • , 11.1+ DI RTRRICN•1'OST CLRARPRINT 1020- . , . " • - •IM r"- ..fie. -s --- _ TA E.N SROM ; REGORQ5 AMAILABL-E ND IS" APPROXIMATE. 'VERIFY, LOC,a.TE d- 1 v1D PROTECT A5 REQUIRED. 3) BEFORE EEXGAV.AT'ING CA.L..i..: U. G. 5EFRVICE ,ALERT 800-4zZ- I33 vv I Ar vt3 4) Ala- TFR.A.FFIC CON-r"ROL. TO BE. i 7'0 s r� ter. g e AGGORt�•hICE WITH WORK ARF_.,,0. 9 RAFFIC "} r1�O (love r CGt�!"t"Rt7L NANt7BG70K. >rN (10''�'' (SO L 7`-f S 10 0) 5•) VOID DF-TWEEN 6" CONDUIT AND L,A p 5 B)SAARINE CABLE TO, BE I^IL.LED WITH . . ,Lya-%'.�,• ,, PIPE CS 5 ND SLURRY AND MAWATER ROOF "'ten �► GO GRE -re PIL-E e _- . , J , �.. ---- NEWPORT BAY _ 4 I � rel Gp 1. 7n,7!- ,01 S � 3 to ccr.Pc°.aciu CAS z cl 00 b Rt, j�ORP� - g U� NtARINI~ 1 8' Gw� a - ° CAUTION EEL. f�?5T5 p, ' EX15T SUBMARINE CA13LE5 t1+ SLACK LOOPS IN VICINITY 3 , 0u o R�' , vERtt=v ex,Ac'T' Lc�CAMON F t--- ��g W 1rr.. L o x Loc. o �c ,`,... , ,NA Loi DEPTI-( PRIOR TO :CONSTRUCTIQN. pPPR A"QQ 1,5T I N63 pUftp%- 411017 lop 1Q tJE CABLE 2142 - 26 AA .� , 1�I,nAw vvw 1 I sz > O CN. 0 1 F! Eo PUBLIC . • PIER } GS PL 04' su13M�N c - -' i 1 . `' FLOATIN .., ,A.O G.7 C 1500 X;`' ibs fes, ° PIEFC -7 I e fi _m U1 25 N, . •, :.m, .'„� _' • ° ONGRET'E PILE �. �• - � `' 7 ` 0 .... ,;.. t RINE CABt _ �� PLS- G' 2- f PU O PL. 372 SUES _ !o s _. Z _ � gp.oa c-� . _ .00 W TY E X 26 5 O (. - - - �,�. � ;zs• ./9�+Q /'ter, _ - 0.0. - SEA 1 • a�,, , 449.7A - �sANa 1 WALL ? 50. owo �J 1oo . 50 ` d, _04:19-7_ i50.O� SEta, NO.:, A5 OWN C s . -'713 .'tx - � ._. c. t: L - .._ .a _ _. TGM = 35"13-5 ° 4,0 7 d `1 CLQ L RX CAll t"° ; y NiAP s 5Ul3. GAB - -.CVM S�f—.Ij..F • J.a AT MH ®io c� .. , rr - 2� eek �=r-� AT MH 280 OSS ' 1.1 =1G®I7 r .9G, U,G. DE51GN ENGR. �, ra N. Wt?N<3 EL 95.7 -7218 , G i• - y'r E; E A Rhe �~' i 0 0 excl-�,rv� ELIGR , {L`4 rO D SUBWAY CONTlaCT : PE.N raG-�9-23 k Y 4 0Q0 `z 00 6 CO*'' DATE 0(�) L e t 1) cGEO-,o: 8 LBOA RTHF..AG7_ W LL �. _ r6,-,( EXCN RT $E- NO .. t>r,ar L- L 2, ' t A k avo l4vt SOUTHWEST N1tAl.L LOOK NORTHEAST (.GOK,SOUT6•'IWEST ENGR... TEL a ROUTINE DATE OFFICE' TYPE OF CONST CONDUIT > SLE,. PREPARED' CHECKED RO/.ST NO LF -015 13 APPROVED 3 , ;> DING I —OF 55, ]APPROVED P504 °_.._._..... _ , •. • , 11.1+ DI RTRRICN•1'OST CLRARPRINT 1020- . , . " ZF jr % ol do, milli I 14 ......... ......... 0 �yq f - It " : Tku t ME 7, Or MN"" f4gom AYA I TEI '-v Ul; F: M., 9 kP 0 *i ap 4 4F ^ FF AA' 7 r 4C P. _7 Le TO':', 'NO' _,SA 5L PIP NIN V -7, 'A -i 47_0 NEWPORT', BAY OVA ic, V it CPO, 0 tk V 71 OA 40 polo OMM-4., PMOR .-M CAONSTRUCM0N. Ar T- 15 L7" t4 1 a �&- -A dw V9 T 7' Lowe # rap vaW' 0, NF_ CAS _0 -ou: PL X w to A' � tt" >bo -4 A f T .2 0, 01 _MH.010 ",KV -Ft 00, A. !kMw Z 7 C) ScAppw our"... 00 "THCp CIRC j oo� IL It oft LOOK NORTHEA15 Ax 6 _au C= 01, lCw t % At& , J Y I w SrFw coo e 4 *X 69 I r DICIMCH-posT CLKA00MINT os000a J v ­ yl Z, c VM".. X, 04,13 Sa MN"" f4gom AYA I TEI '-v Ul; F: M., 9 kP 0 *i ap 4 4F ^ FF AA' 7 r 4C P. _7 Le TO':', 'NO' _,SA 5L PIP NIN V -7, 'A -i 47_0 NEWPORT', BAY OVA ic, V it CPO, 0 tk V 71 OA 40 polo OMM-4., PMOR .-M CAONSTRUCM0N. Ar T- 15 L7" t4 1 a �&- -A dw V9 T 7' Lowe # rap vaW' 0, NF_ CAS _0 -ou: PL X w to A' � tt" >bo -4 A f T .2 0, 01 _MH.010 ",KV -Ft 00, A. !kMw Z 7 C) ScAppw our"... 00 "THCp CIRC j oo� IL It oft LOOK NORTHEA15 Ax 6 _au C= 01, lCw t % At& , J Y I w SrFw coo e 4 *X 69 I r DICIMCH-posT CLKA00MINT os000a J v ­ yl Z, P®R CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 February 26, 1.985 Bruce Wank Yavar Industries 4533 MacArthur Blvd. Newport Beach, CA 92660 Dear Mr. Wank: Per your request, I am sending you a copy of the permit for the property at 600 E. Edgewater and a copy of the Newport Beach Harbor Permit Policies. Very truly yours, Tony Melum Tidelands Administrator by db CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 February 21, 1985 Bruce Wank Yavar Industries 4533 MacArthur Blvd. Newport Beach, CA 92660 Dear Mr; Wank: As required by Section 10.D. of the Newport Beach Harbor Permit Policies, the commercial marina bayward of 600 East Edgewater Avenue was inspected on February 8, 1985. That section states: 10.D. "At the time of transfer all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit......". Based on that inspection, the following things came to our attention: 1. The existing pump out station, required by the permit, is inoperable and inaccessible. It should be repaired and made accessible. 2. The marina must provide 15 parking spaces, based on the fact that two slips are for transient boaters, Please identify the transient slips and describe their use, 3. Fire extinguishers must be checked out and repaired. 4. The applicant must provide some method of trash disposal for marina tenants. 5. The docks, on.2/8/85, were littered with debris which could pose a liability problem. (we saw a couch, TV antenna, power lines, hoses, batteries, boat parts). 6. The float under the pump out station was unstable and needed repair. Please contact me at your earliest convenience to discuss the resolution of these problems. Very !�rul yours, 1 Tony MeluTidelands Administrator TM: db 3300 Newport Boulevard, Newport Beach x etr F-1- oa C� I 'V� V�,� �� \,Vl -I,(, 4'p-, k 4,o 0, a x etr F-1- oa C� I 'V� V�,� �� \,Vl -I,(, 4'p-, k P() r E CITY OF NEWPORT BEACH U $ F.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 ate FORT' February 14, 1985 Bruce Wank Yavar Industries 4533 MacArthur Blvd. Newport!Beach, CA 92660 Dear Mr.- Wank: Regarding your letter of 1/30/85; the City would be willing to accept the sand from the excavation at the Balboa Fun. Zone for use as beach replenishment. At the time you apply for your grading permit, we would want to attach our conditions- relative to the use of the sand. If you have further questions, please call me at 644-3044. Very truly yours, Tony Melums Tidelands Administrator City of Newport Beach TM: db 3300 Newport Boulevard, Newport Beach Site DtHL1p1j2n The site is located within a residential and commercial area adjacent to Newport Bay just east of the Balboa Island Ferry Dock, and about 1,4700 feet from the Pacific Ocean, in Newport Beach, California. At the time of our field exploration in November 1984, the site was occupied by several single -story structures and paved in the central portions of the site. Remains of various carnival ride facilities were also observed. An existing concrete sheet pile bulkhead is located along the northerly property line adjacent to Newport Bay. The site is relatively flat and is about 'Kfeet' fee'above the mean lower low water level (MLLW). a. SITE CONDITIONS Subsurface Conditions Based on our test borings drilled for this study, the site is underlain by poor to well -graded sand and silty sand. The sands were generally medium dense to a depth of 20 feet and dense between a depth of 20 and 25 feet. Our borings indicate that a 6± foot zone of sand at depths from 12 to 18 feet below the ground surface is slightly looser than the medium dense soils to a depth of 25 feet. Variable amounts of shells -andlan occasional sulfur odor were encountered during drilling. Ba'sed on previous borings drilled at the site by our firm, the soils from a depth of 25 to 60 feet generally consist of dense to very dense sand and silty sand. Laboratory consolidation tests and field standard penetration test results indicate'the sand and silty sand'soils have moderate compressi- bility and good strength. A detailed description of the subsurface conditions are presented on the logs of the test borings in Appendix A. Convem Consuftants, Inc. O� �tiW Pp c9C7FoRN`P, February 13, 1984 Ralph Gray 4500 Campus Drive Newport Beach, CA 92660 RE: Fun Zone Marina Dear Mr. Gray: As we discussed by telephone in' late January, the trash generated by the above marina is becoming more and more of a problem at the Washington Street end. On January 30th I inspected the marina and as I mentioned to you, there are no trash receptacles provided by you for your marina tenants. I can understand that when you provide trash cans and they are stolen that you would be reluctant to replace them. However, some solution to handling the trash generated by your marina must be forthcoming. I am sure that you know that the Newport Beach Municipal Code holds the commercial marina operator responsible for dealing with this problem. The Marine Department will do what it can to assist you and will cooperate to the fullest. Please let me know by February 27th of your plan for solving this problem. Sincerely, Tony Meiu l'� cc: Wade Beyeier City hall • 3300 Newport Boulevard, Newport Beach. ('alifx)`)66 3 BALBOA FUN ZONE MARINA, INC. 4533 MacARTHUR BLVD, NEWPORT BEACH, CA 92660 REMITTANCE ADVICE 90-3685 1222 2044 ------ Two Hundred and Thirty dollars ----------------------------------00 PAY DOLLAR! ORANGE CITY BANK 4525 MAC ARTHUR BLVD. NEWPORT BECH, CALIFORNIA 92660 11'00 204411' 1:1 2 2 2 368 591: 00-00 S 3 1- 21" DATE TO THE ORDER OF --J CHECKNET AMOUNT -0% L ORANGE CITY BANK 4525 MAC ARTHUR BLVD. NEWPORT BECH, CALIFORNIA 92660 11'00 204411' 1:1 2 2 2 368 591: 00-00 S 3 1- 21" ,A. 5 ES, R. E. January 30, 1985 Mr. Tony Melum City of Newport Beach Marine Department P.O. Box 1768 Newport Beach, CA 92663-3884 Dear Tony: The following information deals with the Balboa Fun Zone. To refresh your memory, I need to get a letter from your department to authorize the beach replenishment with the sand taken from the Balboa Fun Zone. There are approximately 3700 cubic yards of sand to be excavated from the site. At this time, we feel that ex- cavation will take place in approximately 90 days or May 1st. Enclosed please find a discription of the site and the subsurface condition which you requested. If you need any other materials, please feel free to contact me. S2eW B, I k R-19=1111 cc: Ms. Diane Abbitt, Abbitt & Bennett 4533 MacArthur Boulevard, Newport Beach, California 92660 714-756-1860 u "MA R Sr _ . January 23, 1985 Mr. Tony Melum City of Newport Beach Marine Department P.O. Box 1768 Newport Beach, CA 92663-3884 Dear Tony: Enclosed is the copy of the Chicago Title Insurance Policy pertaining to the marina peri ;it,;, d If you have any questions, please feel free to contact me. Sincei4t a BW:adb 4533 MacArthur Boulevard, Newport Beach, California 92660 714-756-1860 °CI-IlCALO TIT'LF INSURANCE COMPANY No INTERIM BINDER FORM A Fee: 55014-5-A 8,961.76 CHICAGO TITLE INSURANCE COMPANY hereby agrees that it will4,500,000.00 s�uc as of the date shown berry, its standard policy of title_ insurance with a liability not exceeding � � , 5 0 0 , 0 0 0 . 0 0 Four M' 11 * on Five Hundred Thousand and no/100 dollars. THE BALBOA F•UN ZONE, LTD., L:m:ted Partnershdp, insurin`_ fo-rmerly known as THE BALBOA MARINA FUN ZONE, LTL sho�%ing title to the estate or interest described to be vested in the vestee named herein subject only to the exceptions shown in preliminary report of title attached hereto of even date herewith and to the printed schedules and conditions and stipulations in such- policy: and, f a valid nd sufficiept instrument creating an insurable estate. interest or lien in favor of a purAaser from said vestee is executed. delivered and recorded within 730daysfrom the date stated below, such policy will be issued as of the date of recording such instrument, insuring such estate, interest or lien subject only to the exceptions herein and to liens. encumbrances, and, any other matters affecting the title which may intervene between the date stated below and the date of recording such instrument. This Binder is preliminary to the issuance of such policy of title insurance7pT8 shall become null and void unless such policy is issued, and the premium therefor paid within '' ii days from the date stated below. DATE: July 23, 1984 at 1:50 p.m. Issued by: CHICAGO TITLE INSURANCE COMPANY 17671 Irvine Boulevard, Suite 119 Tustin, California 92680 ( 714) 832-7222 f Authorized Signatory Foran 3439 CHICAGO TITLE INSURANCE COMPANY I� President. " ATTEST: \Nsuggyc�,r Secretary. 1: CORPORATE c a; PACE 1 PRELIMIN'ARY REPO -RT--. NAA 6�y�y� ♦�i�y4�'uf. 'g .7 �..' 4��+a�Ae,.•�.-re �. +! :bt J... ?�. � _. .. t ... 1"S AL 3? CORPORATION Attention: 952€3 Scmth La Ci a Blvd. Your No. lua toaa{bank ) L*s Anq*1*a* CA. 90009 Our No. 55014-5—A In response to the above referenced application for a policy of title insurance, Chicago Title Insurance Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a California Land Title Association Standard Coverage form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set. forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below, or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued for the purpose of facilitating the issuance of a policy of title insurance. at 1250 P.M. , July 23, 1984 XXXX'_ ; �...: .. Dated: at 7:30 A.M. Cur t Tap] in Title Officer The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee Title to said estate or interest at the date hereof is vested in: TEE BAT -130A PUN ZONZ LTD&v Partnership o,,BALBOA MARINA PUN tno LT;. The land referred to in this report is described as follows: 0 L�-. �a.M u.. l�•1 , I-IICAGO TITLE INSURANCE C _IPANY { At the date hereof exception* to coverage, in addition to the •printed exceptions and exclusions contained in said policy form, would be as f of lows s A. General and special taxes, a Hera not yet payable, for the fiscal year 1984-65. B. The lien of supplemental California.provisions..of Chapter 498, Statutes of 1983 of the State of 1. Any advorse claim based upon the assertion that some portion of said land is tide or submerged lands, or has been created by artificial means or has accreted to such portions so created. 2. Any adverse claim based upon'the assilertion that any portion of said land was not tidelands subject to disposition by the State of California, or that any portion thereof has ceased to be tidelands by reason or erosion or by reason of having become upland by accretionp or that any portion thereof has boon created by artificial means or has accreted to such portions so created. 3. Any rights, interest or easements in favor of the public which exist or are claimed to exist over any part of said land covered by water. it �' ►, t `rt. .� tea. � ^• J; �4v' :. f' : .,_ _ 1 �!- 1 ♦- `. :. .t f a. • y 111 :; • ` f • ^" ': �;.. 1k A C•- .�:' x �'. � ,� A UAW - Y cont inued6 0 ♦ 0 0 0 FORM 3649-06 IICAGO TITLE INSURANCE. C�lPANY 5. A,„deed of trust to secure an indebtedness. Amount: $852,500.00 Trustor: Allem Senall, a married man as his separate property Trustee: First American Title Insurance Company, a California corporation Beneficiary: Laguna Federal Savings and Loan Association, a California corporation Dated: June 22, 1978 Recorded:,. June 28, 1978 inb ook 12734 page 1714 Official Records The trustee in said deed of trust was substituted. New Trustee: California General Mortgage Service, Inc., a corporation Recorded: June S. 1983 as Instrument No. 83-240524 Official Records An instrument which modified the terms of said deed of trust as therein provided was Recorded: December 16, 1983 as Instrument No. 83®571454 Official Records Executed by: Great American Federal Savings Bank, formerly known as Great American Federal Savings a Loan Association, successor by merger to Laguna federal Savings 4 Loan Association and Jordan M. Wank, General Partner and Ralph J. Gray, General Partner 6. An assignment of leases and rents, executed by Fun Zone Development Company to the Balboa Marina -Fun Zone, Ltd., a California limited partnership, as disclosed in an instrument recorded November 19, 1982 as Instrument No. E2®407033 Official Records. 7. The effecct of the Official. Map filed by the City of Newport Beach in book 1 pages 4 to 9 inclusive of Official Maps. 8. An A.L.T.A. Survey by Fuscoe, Williams, Lindgren & Short, Calvin E. Woolsey, L.S. 4467, dated November , 1982, disclosed the following: (A) The fact that three buildings, located on the Easterly and Sorly and Westerly portions of said land are locate8 under Edison limes. (B) The fact that building purposes to the City of Newport Beachp recorded in book 8225 page 684 of Official. r (C) An easemor lesser right for a sewer Dump station over the North- easterly portion of said land. (D) The fact that a concrete bulkhead extends Northeasterly of the high tide line to a maximum of .10 feet. (E) An easement for lesser right for a sewer Brae over the most Northerly portion of said land. Continued....... FORM 3649-06 "'HICAG® TITLE' INSURANCE c; -j- PANY along(F) Th* fact that a 1pler portion of said land extends over v♦Day. No determinationmadehereinf ownership,,of said pier. G TheexistenceR',treap to pier over the North- easterly portion of said land. 9. Rights of parties in POGOeS810A of said land by reason of unrecorded leases. Disclosed by Inspectica of gold land therein set forth, the parties in •k'Said landare asfollows: 1. Andersons Yachts 2. Balboa Beach Company ♦, 3. r '. yard4. Pun Barger S. How f t(fast food) ,a 10. A deed of Amounts °! rus for 2 Trustees Beneficfargs 1Date8: Recordeds California Linited as The Balboa Marine -pun '�',Lxl Ajo 1$64 as Document go. 84-302648 Official Recorde ra'salgMent : Issues #:' profits . '!. accruing from said land# as additional security a or the payment Mthe indebtedness secured by the deed of se: assignment m Executed bys Balboa Marine -Pun Zone, Ltd., a California Limited Partnersh To: • v _ _. _ i 11-631-81 11-01-81 06-01-79 06-06-80 1A -n3-79 09-21-81 Disclosed by$ Affects: Continued.. t,...® FORM 3649-06 Lessee 13. A deed of Amornt: Trustort rustee: Beneficiary: Date -at Recotdtdt CHICAGO `d'ITLE INSURANCE )MPANY indebtedness.trust to secure an $500,000.00 The Balboa marine, Fun Some Ltd, Chicago Title Insurance Company, Consolidated Savings Book July 19, 1984 a Limited Partnership a Missouri Corporation said deed of trust, by Its terms, Is made subject to the deed of Trustee:trust mentioned in exception go. 10. 14. A deed of trust to secure an Indebtedness. Amount: $300r000.00 r Trust .:. v .Company,4 o ! corporation Ralph t V.L.• • s: July 20t RecordedRecordedt July 23, 1994 Document No. 30265Official 4 tiz Said deed of trust, by its terms, is made . to the deed of exceptiontrust mentioned in No. 15. A deed of trust to secure an Indebtedness. Amount t 8` g 000.00 Trustor: Balboa Marina -Fun Zonae, Ltd., a California Limited Partnership Trusteet First American Title Insurance Company Seneficiaryt' Samuel H. flamontree and Greta M. Haaontree, as Trustee of Trust no. 9S6727320, R•IN. Wall and Geraldine Wall, David Marren, Vic Sonver, Arthur Andersen, Earle W. Anderson, Marren G. Bradley* as Trustee of the Marren G. Bradley Defined Benefit Plan, Sharon San Nicholas, slack R. Estes, Dennis Bolger and Nancy Bolger Dated: July 20, 1984 Recorded: scalp 23, 1986 as Document No. 84-302655 Official Records Said deed of trust, by Its terms, is made subject to the 7': M trust mentioned in exception No. 14. 16. A deed of trust to secure an indebtedness. Amountt $1500000.00 Trustort The Balboa Marina -Fun Zone Ltd.v a Limited Partnership Trustee; Title Insurance and Trust Companyt a California corporation Seneficiaryt Jordan H. weak Dated-. 20, s 84Recordeds' July 23, 1984 06 Document No. 84-302656 Official Records Sai• deed .♦ trust, by yj terms, a, made ,qfi.:..,. subjectto the deedof trust mentioned r' , FORM 3649-06 PO CITY OF NEWPORT BEACH U z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C �P qCl F®p.� December 17, 1984 Ray Guenther Pacific Bell, Right of Way Agent 3939 East Coronado Street Anaheim, CA 92807 Re: Permit 112-600 Dear Mr. Guenther: Attached you will find stamped drawings for the above permit. The City Harbor Permit is issued for this project conditioned upon your meeting with either Pat Dunigan or Ken Perry of our Public Works Department and resolving their concerns. When the above has been accomplished, work can proceed. Please advise us when you plan to begin. Very truly yours, Tony Melu" Tidelands Administrator TM: db Attachments 3300 Newport Boulevard, Newport Beach Right of Way Department 3939. East Coronado, First Floor Anaheim, California 92807 PACIFlCW&IBELL=m (714) 999-5663 December 13, 1984 ;.a City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Mr. Tony Melum - Tidelands Administrator Dear Mr. Melum: In conformance to your letter dated September 25, 1984, with attachment, regarding Pacific Bell's proposed reinforcement of our submarine cable route across Newport Bay in the area of Palm -Pearl Street, we submit the following responses to Item 1 thru 5 as indicated: l.. Applicant to obtain approval from the Army Corps of Engineers Permit attached with letter from U.S.A.C.E. 2. Applicant to obtain approval from the Coastal Commission: No permit required per Mr. Praveen Gupta,''Coastal Commission Planer. The work to be performed is covered under Section .II, B.2b of "Repair, Maintenance and Utility Hook-up exclusions from permit requirements." (Adopted by California Coastal Commission on 9/5/78)- 3. Applicant to obtain approval from U.S. Coast Guard: No permit required. 10/11/84 contact with U.S.C.G. HQTS, Long Beach confirmed only 10 days prior written notice required to U.S.C.G..for their publishing of activities in '_'Notice to Mariners.". This will be done 10/15 days prior to job start. 4. Applicant to 'give notification to.Harbor Master Seventy Two (72) hours prior to commencing work- -and complying with requirements. 10/4/84 contact with Harbor Masters' Office confirmed this requirement. This will be completed at appropriate time prior to job start. 5. No work to begin prior to.9/15/84- Job is currently scheduled to start approximately Nov. 15, 1984. and complete within three weeks of specific start date. Based,on the foregoing transactions it is requested that the final permit 0112-600) be issued at your earliest convenience so the proposed work'can be commenced on schedule. Page 2 City of Newport Beach Thank you very much for your assistance in this undertaking. If you have any questions, or desire additional discussion please do not hesitate to call me in Anaheim on 714-999-5614. Sincerely yours, Ray J. Guenther Right of Way Agent ik Attachments DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES. CALIFORNIA 90053 k- ATTENTION OF: TO December 4, 1984 A Regulatory Branch Pacific Bell 3939 E. Coronado Street, 1st Floor - Anaheim, California 92807 Gentlemen: Reference is made to your request of November 11, 1984 (85 -016 -CH). Upon the recommendation of the Chief of Engineers and under the provisions of Section 10 of the River and Harbor Act of M�.rch 3, 1899 (33 U.S.C. 403), you are hereby authorized by the Secretary of the Army to place one submarine telephone cable from Palm St. on the Balboa Peninsula to Opal Ave. on Balboa Island to reinforce existing cables in Newport Bay, Pacific Ocean at Newport Beach, Orange County, California, as shown on the attached drawings and subject to the attached conditions (a) through (z). Notice of the commencement of the activity must reach this office at least 5 days before the activity actually starts. Please use the enclosed card. BY THE AUTHORITY OF THE SECRETARY OF THE ARMY: Sincerely, OE f Dennis F.',Butl - : Colonel, Corps of Engineers District Engineer Enclosure E s 0 t. An tpo 1 e o s ttI w yam N`Lu 's In<-fi _ r. j( � uj .. ,1 y w.ul y Q � ui `' i ,lay\ C\� y ' �.-- 1�,�� y ,; V Ff�; �. .,� • �' i -t J 1 q -' ' it i��•rui.� a au y �u vlr:a 111 nW. �jN 1ul Q T + p� - av`3�� �_ C, =''.'4 .. •���% S 7 [ :. tr Ir v ID OZol v z 3 ! s .I ) • : ,� m _ ,—�.. ? to _ , .1 - i i ,00 i }.d � g0 'O ams.• �4 ••� , 4 i ILLlw,V \ Z Z',I,c _ - _ 'oFZe �'o? `v G �''- • ., o [ �. _ �D"�m;J _1 � ���?Ov M _ay^. t ` •je dT +yi 's���, — 1,. x _ig3 t � - bid -�bo� Z '�SXO •_.'t�s - o���2ti (��3i« -)r 4. z �� � �� r� a�q ZrYr Z �•{ + _ , oily � i :i: �-`J ` •-g u�5`o .. iso.'. • Z i JQ r &I a + + I 33 00 � ✓'�� a . ' t =��.CO t0� _ acu z (a) That all activities identified and authorized herein shall be consistent with -the specifically identified and terms and conditions of this permit; and that any activities not 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, asset forth more specifically in Conditions (j) or (k) hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate,. whether or not this permit has been previously modified, -suspended or revoked In whole or In part. (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 Section 301, 302, 306, and 307 of the Federal Water Pollution Control Act of 1972 (P. L. 92-300; 86 Stat. 816), or pursuant to applicable State and local law. (c) That when the activity 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, ised-or modified standards, or as directed by an implementation pian contained in such rev or within such longer period of time as the District Engineer, in consulation with the- g' Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances. (d) That the permittee agrees to snake every reasonable effort to prosecute the 4' construction of work authorized herein in a manner so as to minimize any adverse Impact of the construction or work on fish, wildlife and natural environmental values. (e) That the permittee agrees that it will prosecute the construction or 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 authorized - 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 in real estate or :material, or any exclusive privileges; and that it does not authorize any injury to property or invasion of rightsor 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 this permit does not authorize the interference with any existing or proposed Federal project and. that the permittee shall not be entitled to to compensation for damage or injury to the structures or work authorized herein which may caused by or result from existing or future operations undertaken by the United States In the public Interest.. (q) That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States 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 which may require authorization by the Congress or other agencies of the Federal Government. (s) That if when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the 'permittee is transferring his interests herein to a third party pursuant to Condition (v) hereof, he 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 an interests in real property. (u) That there shall be no unreasonable interference with 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 officials. (w) That the permittee shall notify the Commander (oan)11th Coast Guard District, Union Bank Building, 1400 Oceangate, Long Beach, CA 90822, (213) 590-2222 at least 2 weeks prior to start of the activity and 30 days if buoys are to be placed. (x) That the permittee shall send a drawing of the completed project to the U. S. Department of Commerce, National Ocean Survey, Marine Chart Division, ATTN: N/CG222, 5001 Executive Blvd, Rockville, Maryland 20852, to revise affected nautical charts. (y) That the permitte shall dispose of all dredged material at a county approved upland disposal site. (z) That the permittee shall control floating debris, from construction activities, so that none enters the navigable portions of the harbor. DEPARTMENT OF THE ARMY PERMIT (Notification of Commencement and Completion of Work) PERMIT NO. 85 -16 -CH DATE WORK WILL COMMENCE ESTIMATED CONSTRUCTION PERIOD (IN WEEKS) - NAME OF CONTRACTOR ` (PHONE) DATE WORK WAS COMPLETED "I hereby certify that the contractor has read and agreed to comply with the -= - terms and conditions of the permit". SIGNATURE _ (PERMITEE OR AGENT) SPD FORM 192-8 (REPLACES SPK FORM 394, 1 MAY 79) 1 MAY 80 DEPARTMENT OF THE ARMY -PERMIT {-Notification of Commencement and Completion of Work) PERMIT NO. 85 -16 -CR DATE WORK WILL COMMENCE ESTIMATED CONSTRUCTION PERIOD - (!N WEEKS) NAME OF CONTRACTOR (PHONE) DATE WORK WAS COMPLETED "I hereby certify that the contractor has read and agreed to comply with the i terms and conditions of the permit SIGNATURE (PERMITEE OR AGENT) SPD FORM 192-8 (REPLACES SPK FORM 394, 1 MAY 79) 1 MAY 80 L% ` STATE OF CAUFORNIA AMENDMENT TO- CERTIFICATE OF LIMITED PARTNERSHIP—FORM LP -2 IMPORTANT—Read instructions on back before completing this form This Amendment is presence-- or tiling pursuant to Chapter 3, Article 2, Section 15622, California Corporations Code 1. SECRETARY OF STATE FILE NO. (ORIGINAL CER TIFICATEI + 2. SECRETARY OF STATE FILE DATE 'ORIGINAL CERTIFICATE) 3. NAME OF LIMITED PARTNERSHIP r------ - ,.L -' -- 4. THE CERTIFICATE OF LIMITED PARTNERSHIP IS AMENDED A FOLLOWS: (COMPLETE APPROPRIATE SUB-SECTIONIS)) A. THE LIMITED PARTNERSHIP NAME IS CHANGED TO: r ; O California Limited Portnersi, B. THE PRINCIPAL EXECUTIVE OFFIC((''E��ADDRESS 11 OR THE OFFICE ADDRESS IN CALIFORNIA, IF THE PRINCIPAL EXECUTIVE OFFICE IS LOCATED OUTSIDE CALIFORNIA 11 IS CHANGED TO: ISTREETI - ICITYI ISTATE) IZIv) C. THE ADDRESS OF THE FOLLOWING GENERAL PARTNER(S) IS CHANGED TO: (CONTINUE ON SEPARATE PAGE IF NECESSARY) (NAME) ;STREET) - (CITY) ISTATE) QIP} D. THE FO/LLOW;NG GENERAL PARTNER(S) HAS (HAVE) WITH/DR�A/Wf ,4: (CONTINUE On: SEPARATE PAGE IF NECESSARY) \' �'/./� l_•-Ll� L�%�(. !V 7/(.. %! )i Fes- //} / (STREET) (CITY) (STATE) E. THE FOLLOWING GENERAL PARTNER(S) HAS (PAVE) BEEN ADDED: ICONTINUE ON SEPARATE PAGE IF NECESSARY) (NAAIE) — L ���,� �c:��C ��/ JI- ✓�® �./ 10"7®/ ' (STREET) (STATE (Z,P) F. THE ADDRESS OF THE CURRENT AGENT FOR SERVICE OF PROCESS IS CHANGED TO: (STREET) -_--- (CITY) (STATE) G , THE AGENT FOR SERVICE OF PROCESS HAS BEEN CHANGED TO: (ZIP) -- 'STREET) (CITYI (STATE) _,Z -P) H. THE TERM FOR WH?CH THE LIMITED PARTNZRSHIP IS TO EXIST HAS BEEN CHANGED TO: I. OTHER MATTERS INCLUDED IN THE CERTIFICATE OF LIMITED PARTNERSHIP ARE AMENDED AS INDICATED ON THE ATTACHED PAGE(S). NIHABER OF PAGES ATTACHED: S. IT IS HEREBY DECLARED THAT 1 Aid (ti.E ARE) THE PERSONS) WHO EXECUTED THIS AMENDMENT TO THE IDENTIFIED CERTIFICATE OF LJM�TED PARTNERSHIP. WHICH EXECUTION ISAY (OUR) ACT AND DEED. (SEE INSTRUCTIONS) -- I NA RE OF _-_--.—_—_--. _ G 'THIS �f ENERAL PARTNER OA SPACE FOR FILING OPFfC [R USE +� lC �r )C', ® i'vo �-�� :IGS hTUI'.E OF GENERAL PARTNER Y' /Y + / DATE ;i IDA TE OF FILING) 1A e t�.jyJ I /,Q7{jft! / 3 / �%�„' ` ..i L:f�"� j/s`-[ ✓:"7(L..... (f 1 !.a[f;raA F GEfvEr PARTNER p,*TE rr / � Sh-NATURE OF GENERAL P. SIGNA7UFiE OF OTHER THAN GENERAL PARTNER TITLE OR DESIGNATION I 7, RETURN ACKNOWLEDGMENT TO: NAME ADDRESS CITY STATE _ ' �t/ �« /i %C? � �_. e,� Z % L" ZIP CODE FORM LP-2-.FILIf App/ove.d by rhs Sac AGENDA ITEM NO. F-21 NEWPORT BtAGI Marine Department June 25, 1984 -TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: AN APPLICATION BY PACIFIC BELL TO EXCAVATE AND TO PLACE CONDUIT AND CABLE ACROSS THE BAY FROM PALM STREET ON THE PENINSULA TO OPAL AVENUE ON BALBOA ISLAND Recommendation: If desired, approve the application subject to the following conditions: 1. Applicant to obtain approval from the.',Army Corps of Engineers, 2. Applicant to obtain approval from the Coastal Commission, 3. Applicant to obtain approval from the U. S. Coast Guard, 4. Applicant to give notification to the Harbor Master seventy-two (72) hours prior to commencing any work within the public water way, and to comply with any conditions the Harbor Master's office may recommend, 5. No work to be begun prior to 9/15/,94. Discussrion• This application is before the City Council as required by Section 5.B. of. the Harbor Permit Policies, which states: 5.B "Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to the standard harbor drawings and the adopted Harbor°Permit Policies." Pacific. Bell proposes this new cable to provide improved telephone service within the City. The Public Works Department has issued an encroachment permit for the land side portion of the work. David Ha rshbarger Marline Director Tony M lum Tidelands Director b-WSJ- `FFBJ 7' R 4 45C E�T. ST DATIE. 10.-1-85 _. U `� CITY OF NEWPORT BEACH PERMIT NO. EP- _.=� ..- ENCROACHPE[dT PERMIT AMOUNT FEE PAID $ APPLICATION FOR: CURB CUT SEWER CONNECTION RECEIPT NO. (CHECK ONE) 3 STREET EXCAVATION "O WATER CONNECTION -- = UNDERGROUND UTILITY Lam' OTHER SEWER -CONN. FEE PAID C� WATER CONN. FEE PAID O ADDRESS OF WORK BAY AVE. & PALM STREET APPLICANT'S NAME ADDRESS PHONE N0. x3160 REDHILL, ROOM 104 PACIFIC BELL COSTA :MESA CA. 92626 ' 957--7218 OWNER'S NAME ADDR€-S-S..__ PHONE NO. Y 'CONTRACTOR'S NAME. ADDRESS PHONE N0. > -k ,a= CONTRACTOR'S BUSINESS LICENSE N0. STATE LICENSE NO. The applicant'hereby makes application to EXCAVATE TO PLACE CONDUIT AND CABLE PER ATTACHED DRAWINGS. (See attached plans) SPECIAL CONDITIONS OF APPROVAL (REQUIRED BY CITY) "cS, �E'�Lta'\/A &A F t E %� 4 arta B Lit— A-95. 2 :,.No Vo 2ir—P srVt i4 -6y U "9CK tit i 1 D14 it 0V _fth-2L 'WORKERS' COMPENSATION INSUANCE"-(Required by Section- 3800 of Labor Code).` Applicant must, check one of.the boxes beiow: - QApplicant has furnished to the City a certificateofworkers' compensation insurance issued by an admitted insurer and conforming to Section 3800 of the Labor Code; or an exact copy thereof certified by the insurer. The insurance certificate shows the expiration date of the policy. If the policy lapses or is cancelled, this permit shall be deemed to be; revoked, - Insurer Policy No. Expiration Date I certify that the total cost of all the work covered by this permit does not exceed One Hundred Dollars ($100.00). I certify that in the performance of the work for which this permit is issued, I shall not employ any person in any manner so as to become subject to the, workers' compensation laws of California. The terms and conditions.of this permit are printed on both sides of this form._ Applicant hereby acknowledges that he hf and understands said terms and conditions, and that he agrees to ide by them. 4-5-84 App canature DateN. WENGEL, CONDUIGN ENGINEER DEPARTMENT AFPV L DATE RE OLRED SIGNATURE TITLE EXPIRATION DATE OF PERMIT: cies Lf �, PERMIT ISSUED 8Y:-�/ DAT£ ISSUED: �i1A3,�. WHITE - PERMIT PINK - TEMPORARY YELLOW - APPLICANT .. OFFICE COPY .,_.� a /ANY tmlLufq - Ifs AT6ro L'4) -A44 6A*y Ax'��01'oj(' O� f t�ti-3d C_lam Oal t=;4 5 04 041116,11j)17/,1 - _ PIZ, -01�Tx ---Pct_��_l C'PP- - --'_ _415 j, - % /P.O oil W.4:5 j cilli a- / / - qz 'Do -k '4 - 'L�o A37# P� Yiqlvf r 5 l�b <A-� A C IPUOIC-4 -P-045 N'W eMr,� ou 41,11 C' - - Z'o{ CAL Automobile Rental Lease Sales Service Administrative Offices 4360 Campus Drive ,„ Newport BeachCa. 92660 (714) 556-17'11 Rental Offices ORANGE COUNTY AIRPORT 4 3 6 0 Campus Drive Newport Beach, Ca. (714) 556-1711 _1 IMae,? L) RALPH GRAY & SON 71YI1 P19 e 1', W) 5 bC4,9 d/0 6.3k 11$4 ok SAN DIEGO AIRPORT aZn���� 2305 Pacific Hwy. tJ QC)+-j San Diego, Ca._ _ (714) 239-8088 Ai -vf�y c)� 177#45 j% % YvIk-J tC�� ®r a ® ��Jr(��� �4,,Lti J '/tI M.;>o CAL AMERICAN RENT A CAR RALPH GRAY & SON Automobile Rental May 8, 1984 Lease Sales Service Finance Director, City of Newport Beach Administrative Offices 3300 W. Newport Blvd. 4360 Campus Drive Newport Beach CA 92660 Newport Beach, Ca. 92660 (714) 556-171.1 RE: Annual Pier Permit Dear Sir: Rental Offices Enclosed is a check #1139 for $1440.24 for Commercial Pier #0112-0604-1. We received the ORANGE COUNTY AIRPORT billing for this statement after the due date 4360 Campus Drive therefore do not feel a late charge is required. Newport Beach, Ca. Sincerely, (714) 556-1711 SAN DIEGO AIRPORT 2305 Pacific Hwy. San Diego, Ca. Ralph Gray (7 14) 239-8088 February 15, 1984 Wade.S. Beyeler General Services Department City of Newport 'Beach' P.O. Box 1768 Newport Beach, CA 92663 .Dear Wade: In regards to our phone conversation of last Monday, we have replaced 25 new trash bins in our apartments on Patrice and Hilaria Way. We have increased the, number in each location by over 50% We have a problem in regards to the property across the alley from 4203 Hilaria Way. We have a woman named Pat Dorian who, as soon as the trash man leaves, comes over and fills 2 of our trash containers. In the last -3 weeks she has filled one container with news- papers and last week filled one with trimmings from bushes The reason we know it was she is because we checked the neighboring apartments and hers was the only one with newly trimmed shrubs. I hope this will take care of the problem up there Please, if anything else comes up, contact me immed- iately. We have this week put 2 trash cor.tainers on the ramp at the.Fun Zone Marina. We stenciled our name all over the sides and tops hoping these too would not be stolen. In the last 4 months we have had 8 con tainers.stolen from this location. We have also put 4 containers with our name on them at the Balboa Boat Rental just west of the ferry landing. I hope this putting the names on will solve the problem. - I AMERICAN RALPH GRAY RENT A CAR & SON Automobile Rental Lease Sales Thanks again for your courtesy. Service Sincerely yours, Administrative Offices 4360 Campus Drive Newport Beach, Ca. 92660 (714) 556-1711 Ralph Gray Rental Offices cc Jon D. Petry,,Refuse Inspector ORANGE COUNTY AIRPORT Tony Melum 4 3 6 0 Campus Drive - Newport Beach, Ca. (714) 556-1711 SAN DIEGO AIRPORT 2.305 Pacific Hwy. San Diego, Ca. (714) 239-8088 Wpo CITY OF NEWPORTBEACH C9l / FO RNP j February 13, 1984 Ralph Gray 4500 Campus Drive Newport Beach, CA 92660 RE: Fun Zone Marina : Dear Mr. Gray: As we discussed by telephone in late January, the trash generated by the above marina is becoming more and more of a problem at the Washington Street end. On January 30th I inspected the marina and as I mentioned to you, there are no trash receptacles provided by you for your marina tenants. I can understand that when you provide trash cans and they are stolen that you would be reluctant to replace them. However, some solution to handling the trash generated by your marina must be forthcoming. I am sure that you know that the Newport Beach Municipal Code holds the commercial marina operator responsible for dealing with this problem- The Marine Department will do what it can to assist you and will cooperate to the fullest. Please Tet me know by February 27th of your plan for solving this problem. Sincerely, Tony Me u Ir cc: Wade Beyeler City Fall 3300 Newport. Boulevard, Newport Beach, California 92663 72- CA, JL Lt z) LL-) Y-) j Oto e- 14, A k ro Ge• eoeh OV ll t wew.-Swr * r� saw o Ta tJ awcdow n �Y/rT Pi" r« /s�w„o V t8 � �tb• ,q' BIIC'L' W6494;r L/NG p/LG �'�I BOTTOM .oq e^ �� eWORK � }" / &�� `/- •`1 �` � = aft Mit V I C i MI TY `% x i. i 4 H w`sr /i7Tr Cws� �srrr NewPoa>• BAY Cat tFOMNIA Yr I A F 5104r17dln95 orc rxoressed /n ><ese7l and dsnole dap fd+ s b e/o w oW ro.7 Lo rver L O n/ Wo feo ; �9oxLr ci n ronye of r';dc Qpproxl•rale/y A7 %&7( h✓orhoe /.yes e?re eaaob/I'sherd iii �e`i%s . sec�.os ofNe.✓fsorf .4547,Y. n` 4--WS7teCI W,474 -;,41N4 T1 a I `L1 I fl: 1I INC- J- NCJ- -I-ru 4 YS - BL e�'G-!✓Ip C - A -( I° DdGXS�+ i� 3 4 S /7 pwews p 35.33' 35:� 3533 ` 3 5 33' 3533' 3.533' �Q 1-7 5-0 L"ST,P00�3'1 0 /0 20 �0 4o so Ioo LJc',4,vT5 Fl1NZONA'DEYEGOO"-"iVrCO Gerr° /-6 54,e• 87 77,ZAC7�,9/SJpL= -✓o a s4 ®DC'S SS ® CourvAcrox �4rE /ZJ 7B Q007i�L'IUIOTiTC') `uaeag liodmaNT CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663-3884 September 25, 1983 M.J. McCard Pacific Bell 3939 East Coronado Street Anaheim, CA 92807 Re: Conduit and cable across Newport Bay at Palm Street Dear Ms. McCard: In reference to the Marine Department's permit, dated June 25, 1984; prior to construction this department needs confirmation of your compliance with conditions 1 through 4 in the attached report. If you have any questions please call 640-2156. Very truly yours Tony Me"lum Tidelands Administrator TM: db 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH MARINE DEPARTMENT August 23, 1983 TO WADE BEYELER FROM: Marine Department SUBJECT: HARBOR PERMIT #112-604 DEBBIE AND RALPH GRAY,` FUN ZONE DEVELOPMENT COMPANY Our file indicates that when the above: applicants were revising the marina, they indicated to.the Regional Water Quality that no liveaboards would be permitted (see attached letter from RWQCB) We, issued the Harbor Permit and conditioned it that "L'iveaboards shall be prohibited Subsequent to the issuing of the Harbor Permit, Debbie Gray requested the City allow one li;veaboard for security reasons We gave tentative approval provided.written approval was given by'RWQCB. Our file does not have this written approval r— Tony Mel um Tidelands Administrator Marine -Department TM: ng Attachment �M —_ - ., 9 �� w�45'/ U� v v�v- .f-ni�a. I/ oc� SLr�— /�_�—._ ! 7 G!/ d �� CAL ,V AMERICAN RENT A CAR Automobile Rental Lease Sales Service Administrative Offices 4500 Campus Drive Newport Beach, Ca. (714) 556-1711 Rental Offices PASADENA 44 North Madison Pasadena, Ca. (213) 795-9924 ORANGE COUNTY AIRPORT 4500 Campus Drive Newport Beach, Ca. (714) 556-1711 SAN DIEGO AIRPORT 2305 Pacific Hwy. San Diego, Ca. (714) 239-8088 LOS ANGELES SOUTH BAY AREA 1940 Pacific Hwy. Lomita, Ca. (213) 530-8186 Anaheim, Ca. (714) 774-9650 RALPH GRAY &SON August 8, 1983 City of newport Beach 3300 Newport Blvd. Newport Beach, CA 92663-3884 Finance,Dept. Dear Sirs: The reason we have held up this check and have not paid you is that we have been threatened by your General Services Director that we are violating our permit with the Marine Division of Newport Beach. We have held up these fees until we were able to sit with our attorney. Mr. Beyeler has made an error in his letter to us. Our attorney . suggests we send this into you so you may accept it. If not we will go back and take legal action against the General Services Dept. I think they should know who they are talking about before they threaten -us. We have too many businesses in this town to be treated this way. If there is any problem please contact Ralph Gray at this number. Sincerely, Ralph Gray O cD c..fl Q9� WSJ Q Lu Q �J CAL AMERICAN RALPH GRAY ENT A CAS SCAN Automobile Rental August 5, 1983 Lease Sales Service Wade S. Beyeler, Director Administrative Offices General Services Dept. 4500 Campus Drive City Hall Newport Beach, Ca. P.O. Box 1768 (714) 556-1711 3300 Newport Blvd. Newport Beach, CA 92663 Rental Offices Dear Wade, PASADENA In answer to your letter regarding the trash 44 North Madison containers and later phone conversation with Pasadena, Ca. yourself-- since the phone situation we have (213) 795-9924 put two more trash bins down there. We are trying to stay on top of this situation. I appreciate all your help -in this matter. ORANGE COUNTY AIRPORT 4500 Campus Drive Also you mentioned in this letter that we are Newport Beach, Ca. not permitted any ' live-aboards'' . We have a (714) 556-1711 permit on filein our office that states we aye allowed two 'live-aboards'"in the Marina. SAN DIEGO AIRPORT I do not know what anyone can do about people 2305 Pacific Hwy. living aboard in summer. San Diego, Ca. (714) 239-8088 Sincerely, LOS ANGELES SOUTH BAY AREA 1940 Pacific Hwy. Lomita, Ca. Ralph Gray (213) 530-8186 ANAHEIM - Anaheim, Ca. (714) 774-9650 �EWPp� i r� T O� CITY OF NEWPORT BEACH U P.U. BOX 1768, NEWPORT BEACH, CA 92663-3884 Cq<I FO RNP July 5, 1983 Mr. Ralph Gray % Cal -American Rent -a -Car 4500 Campus Drive Newport Beach, CA 92660 Subj: Required refuse containers for the small boat Marina adjacent to the Fun Zone. Dear 'Sir This office has been in receipt of complaints `regardi.ng the lack of proper refuse containers at the small boat facility adjacent to the old Fun Zone area in Balboa. ;A field investigation made by this office did 'reveal that in fact there appears to be no refuse containers provided at all for the use by the boat slip renters,: A search of the harbor permittees on file i'n the Tideland Administrator's office at the City Marine DepartmentHeadquarters resulted in finding that you are listed as the owner or operator of"that small boat facilitya Accord- ing to Section16.04.080 of the Municipal Code of Newport Beach, "every owner, manager, or person in control of -any place of business within the City, shall provide, or cause to be provided; a sufficient number of containers: to accom- odate all ccom-odate-all refuse accumulated on the premises between collections." The owner or manager shall provide those containers within five days of `receiving this notice. , Failure to do so shall' constitute an infraction. According to Section 4-I, Harbor Permit Policies, City Council- Policy Manual, the Harbor Permittee shall maintain his area free from rubbish and litter at all times. Failure to comply with this section is cause for the revocation of the permit, after a written notice has been given. A search of the current City business licenses issued by the Business License office in the Finance Department at City Hall doesn't show a license issued for the operation of a small boat Marina at that location, unless it has been issuedunderanother name, or to Another person. I could find no license under your name except for a rental.car business. During our initial inspection viesit, it appeared as though there were some live-aboards among the boat slip renters. Under the terms of your Harbor Permit, live-aboards are not permitted. Your slip renters should be re- minded of this. 3300 Newport Boulevard, Newport Beach April 12, 1983 P,U. BOX i N EWPO, ]" BEACH, CA 92003-3884 Debbie Gray Fun Zone Development Company 407 Evening Star Lane Newport Beach, CA 92660 Dear Ms. Gray: Harbor. Permit Number 112-604 for the Fun Zone Marina was issued by the the City of Newport Beach for an indefinite period of time. These harbor permits are issued to the owner or long term leaseee of the abutting upland property. To my knowledge, the City of Newport Beach has never revokedd a harbor permit for a commercial marina. The City Council adopted Harbor Permit Policies require that whenever a permittee sells the abutting upland property, a request shall be made to the city to transer the pier permit. The form for this may be obtained from the Marine Department. If I can be of further assistance, please feel free to give me a call. 1 can be reached at 640-2156. David Harshbarger Marine Director OH: db 3300 NeVWDOrt Baidevqrd, Newport Beach CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 "FUN ZONE DEVELOPMENT" ENVIRONMENTAL IMPACT REPORT: Sustained the recommendation of the Planning Commission and recertify the Environmental Impact Report to include any additional information presented to the City Council. FINDINGS: 1. That the ,Environmental Impact Report is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That the contents of the Environmental Impact Report has been considered in the decision of this portion of the project. 3. The City finds that the Final EIR has identified all significant environmental effects of the project and that there are no known potential environmental impacts not addressed in the Final EIR. 4. The City finds that although the Final EIR identifies- certain significant environmental effects that will result if the project is approved, all significant effects that can feasibly be mitigated or avoided have been avoided or mitigated by the imposition of conditions of approval of Use Permit No. 2080 and Resubdivision No. 724 and Variance No. 1092. 5. The City finds that potential mitigation measures or project alternative not incorporated into the project were rejected as infeasible, based upon specific economic, social; and other considerations as set forth in the Statement of Facts and the Final EIR. 6. The City finds that the unavoidable significant impacts of the project, as identified in the Statement of Facts, that have not been reduced to a level of insignificance have been substantially reduced in their impacts by the imposition of conditions on the approved General Plan Amendment and the imposition of Conditions of Approval. In making its decision on the project, the City has given greater weight to the adverse environmental impacts. The City finds that the remaining unavoidable significantimpacts are clearly outweighed by the economic, social and other benefits of the project, as set forth in the Statement of Overriding Considerations. CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 FUN ZONE DEVELOPMENT Page 2 7 The City finds that the Final EIR has described all reasonable alternatives to the project that could feasibly obtain the basic objectives of the project, even when these alternatives might impede the attainment of project objectives and might be more costly. Further, the City finds that a good faith effort was made to incorporate alternative in the preparation of the Draft EIR and all reasonable alternatives were considered in the review process of the Final EIR and ultimate decisions on the project. 8. The City finds that the project should be approved and that any alternative to this proposed action should not be approved for the project based on the information contained in the Final EIR; the data contained in the Statement of Facts and for the reasons stated in the public record and those contained in the Statement of Overriding Considerations. 9. The City finds that a good faith effort has been made to seek out the incorporate all points of view in the preparation of the Draft and Final EIR as indicated in the public record on the project, including the Final EIR. 10. The City finds and determines that the Final Environmental Impact Report consists of the following documents: a) Draft EIR b) Planning Commission Minutes c) Planning Commission Staff Report (with attachments) d) Comments and responses received by the City related to the project not contained in, "a" through "c" above and received prior to final action on this project. 11. The City finds that all of the above information has been and will be on file with the Planning Department, City of Newport Beach, City Hall, 3300 West Newport Blvd., P.O. Box 1768, Newport Beach CA, 92663-3884, (714) 640-2197. CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 . FUN ZONE DEVELOPMENT Page 3 STATEMENT OF OVERRIDING CONSIDERATIONS Sustained the recommendation of the Planning Commission on the Statement of Overriding Consideration. FINDINGS: 1. The City finds that a Statement of Overriding Considerations has been prepared and is labeled as Attachment No. 24. (Item No. 4 of the Statement of Overriding Considerations to include the following wording, "The proposed project provides for dedication of a public access easement and eliminates the necessity of litigating a question of prescriptive rights, and ensures that the easement will be from ground to sky.") 2. The City finds that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final EIR. STATEMENT 01F FACTS Sustained the recommendation of the Planning Commission on the Statement of Facts. Planning Commission deleted the phrase "and could cause the loss of a public access easement currently incorporated in the proposed project" from the CEQA Findings and Statement of Facts, Attachment No. 23, Page 2, Item 1. FINDINGS: 1. The City finds that a Statement of Facts has been prepared and is labeled as Attachment No. 23. 2. The City makes the findings contained in the Statement of Facts with respect to significant impacts identified in the Final EIR together with the findings that each fact in support of the findings is true and is based upon substantial evidence- in the record, including the Final EIR. 3. The City finds that all significant effects of the project are set forth in the Statement of Facts. CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 FUN ZONE DEVELOPMENT Page 4 TRAFFIC STUDY Sustained the recommendation of the Planning Commission on the Traffic Study. FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact - of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport BeachMunicipal Code and City Policy S-1. 2. That the Traffic Study indicates' that the project generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on any, leg of the critical intersections, and will add to an unsatisfactory level of traffic service at Critical intersection which will have an Intersection Capacity Utilization of greater than .90. 3.. That the Traffic Studies suggest` several circulation system improvements which will improve the level of traffic service to an acceptable level at all critical intersections. 4. That the proposed project, including circulation system improvements will neither cause nor make worse an unsatisfactory level of traffic service on any "major", "primary -modified" or "primary street. CONDITIONS: 1. That prior to the occupancy of the proposed project the applicant shall contribute his fair share as determined by the City to the Circulation System Improvements for the intersection of Superior Avenue and Pacific Coast Highway shown in the Traffic Study, Figure 2. 2. The Circulation System Improvement described in Condition 1 above shall have been made (unless subsequent project approvals require modification thereto). The Circulation System Improvements shall be subject to the approval of the City Traffic Engineer. Y CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 FUN ZONE DEVELOPMENT Page 5 USE PERMIT NO. 2080 Sustained the recommendation of the Planning Commission on Use Permit No. 2080, made additional Finding of Approval Nos. 9, 10 and 11,' and included Condition of Approval No. 109, as amended in the foregoing. FINDINGS 1. That the proposed development is consistent with the General Plan; the Land Use Plan of the Local Coastal Program as conditionally certified by the Coastal -Commission and accepted by the City Council; and is compatible with surrounding land uses. 2. The proposed use of not independently accessible and compact car spaces will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare- of persons residing or working in the ,neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the is consistent with the legislative intent of Title 20 of this Code. 3. The approval of Use Permit No. 2080 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 4. The increased building height will result in more public visual open space and views than is required by the basic height limit. 5. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than could be provided with in the basic height limit. 6. The increased building height will not result in undesirable or abrupt- scale relationships being created between the structure and existing developments or public spaces. 7. The structure will have no more floor area than could have been achieved without the use permit. CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 FUN ZONE DEVELOPMENT Page 6 8. The approval of Use Permit No. -2080 with the use of a portion of a public Streetfor valet loading is a special Circumstance and does not indicate that this concept will be approved for future or past developments. 9. That the proposed project including the office portion thereof is in keeping with the desired character of the specific plan area as identified in the General Plan. 10. That the. proposed project is consistent with the General Plan policies. 11. That the proposed use will not preclude the attainment of the Specific Area Plan objectives stated in the Land Use Element of the General Plan. CONDITIONS: 1. That all development shall be in substantial conformance with the approved plot plan, floor plans, elevations and sections except as noted below. 2. That all applicable conditions of Resubdivision No. 724 shall be fulfilled. 3 Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 4. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 5. The grading permit shall include, a description of haul ,routes - access points to the site and watering and sweeping program designed to minimize impact of haul operations on the public streets system. The routes and cleaning program shall be approved by the Public Works Department. 6. An erosion, siltation and dust control plan, if required shall be submitted and be subject to the approval of the Building Department ;and a copy will be forwarded to the California Regional Water Quality Control Board Santa Ana Region. } CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 FUN ZONE DEVELOPMENT Page 7 7. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist based upon the completion of a comprehensive soil and geologic investigation of the site. This shall, establish parameter of design for the proposed structure and also provide recommendations for grading. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 8. That erosion control measures shall be done on any exposed slopes within thirty days after grading or gas approved by the Grading Engineer. 9. Prior to the issuance of building permits, the applicant shall provide documentation of existing structural conditions in the vicinity of the proposed project and the estimated extent and impact of subsidence on surrounding structures, utilities and other improvements, to the satisfaction of the Building and Safety, Public Works and Planning Departments of the City of Newport Beach. 10. During excavation and throughout dewatering of the project site, the applicant shall monitor the extent of subsidence and its associated impacts through placement of appropriate testing devices under the supervision and surveillance of a qualified soils engineer. The City shall be kept informed in a manner approved, by the Building Department & Public' Works Department regarding any structural impacts on adjacent properties and other improvements and if necessary, construction processes shall be modified to eliminate such impacts and the applicant shall repair any improvements damaged by subsidence. 11. Prior to issuance of any grading or building permits, a National Pollutant Discharge Elimination System (NPDES) permit shall be obtained establishing discharge requirements for water extracted during dewatering processes. 12. Suspended solids (sand) shall be separated from extracted water to comply with specified standards prior to disposal. Sand disposal shall be at a location and by a method approved by the Santa Ana Regional Water Quality Control Board and the City of Newport Beach. CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 FUN ZONE DEVELOPMENT Page 8 13. Provision shall be made, as necessary, for the treatment of hydrogen sulfide (H S) in groundwater by Chlorination in order to comply with standards specified by the Santa Ana Regional Water Quality Control Board prior to disposal into Newport Bay and to control odors emanating from dewatering process. 14. Unreacted chlorine resulting from treatment of H22S shall be neutralized, as necessary, by methods approved by the Santa Ana Regional Water Quality Control Board prior to disposal of water into Newport Bay. 15 Drainage facilities and architectural -features shall be designed so as to prevent rainwater and storm runoff from entering the subterranean garage structure subject to approval by the Planning and Building Departments of the City of Newport Beach. 16_ A system of garage floor slab drainage shall be designed to keep subterranean floors slabs dry and to remove oil and grease from collected wastewater prior to disposal into public drains and/or Newport Bay. This system shall meeting the specifications of the City of Newport Beach and the Regional Water_ Quality Control Board, Santa Ana Region. 17. All onsite drainage shall be approved by the Building Department_ 18. The pouring of the basement slab shall be scheduled so as to encompass only two nighttime periods in manner approved by the Building Department. 19. Electric pump motors shall be required for dewatering equipment to reduce potential noise levels and approved by the Building Department. 20. Noise producing equipment shall, be enclosed by barriers or baffled in •a manner established by a qualified acoustical engineer to the satisfaction of the Planning and Building Departments. 21. Prior to issuance of building and/or grading/demolition permits, the Planning Department shall approve a signing construction program for the proposed project. 22. An Army Corps of Engineers permit and a Harbor permit shall be obtained prior to any alteration of bulkheads. CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 FUN _ZONE DEVELOPMENT Page 9 23. Should barges be utilized for construction, a Harbor permit shall be obtained. 24. Demolitionand construction will not be commenced until after September 6, 1982, to avoid peak seasonal traffic. 25. In order to ascertain periods of greatest potential impact from noise, vibration, and congestion, the project applicant shall submit a detailed construction scheduled to the City of Newport' Beach, outlining the time frame for each phase of construction prior to or at the time of application for building permits. The construction schedule shallbe approved by the Planning and Building Departments. 26. In order to accelerate the process of placing sheet piles, thereby reducing the time span of potential noise and vibration impacts, the use of more than one crew and pile driver shall be considered. depending on the proposed construction schedule, at the discretion of the City. 27. Baffles or enclosures around noise -producing equipment shall,be required. 28. Excavations shall be shored by sheet piling placed by a method approved by the City of Newport Beach, 29. A system of well points shall be utilized to dewater the site for construction purposes. Additional well points shall be placed in the center of the excavation to prevent a "quick" condition from development during dewatering and excavation processes. 30. Sheet pilings shall be driven in a manner approved by the City of Newport Beach so as not to interfere with the use of existing public rights-of-way on Palm Street, East Bay Avenue, and Washington Street. 31. The relocation of public utilities shall be coordinated with and approved by local utility companies and public, agencies as appropriate. 32. A system of barriers and overhead protection shall be required during -demolition processes in order to prevent debris from falling into adjacent streets and Newport Bay. CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 FUN ZONE DEVELOPMENT Page 10 33. During any closure of adjoining streets which may be required during the proposed construction phases, alternative pedestrian circulation shall be provided to the satisfaction of the City of Newport Beach Planning and Public Works Departments. 34. In order to allow continuous pouring of the proposed basement slab, the applicant shall obtain from the Director of Building & Safety a temporary waiver of noise abatement regulations (Chapter 10.28 - Newport Beach Municipal Code) restricting construction hours. 35 All activities that require full or partial street closures, parking prohibition, heavy truck traffic, large or heavy loads or similar activities shall be approved by the Police Department And City Traffic Engineer. 36. Trucks shall utilize Washington Street and Palm Street for ingress and egress. 37. Closure of Palm ,Street shall be prohibited at any time. 38. The building contractor shall examine existing streets to ensure that trucks assigned to the project can negotiate required turns' and demonstrate such to the satisfaction of the Public Works and Building Departments 39. If barges are utilized for sand hauling operations or placement of dewatering pumps, provisions shall be made to provide replacement on a one-for-one basis of any boat slips displaced during the period of displacement in a manner approved by the Planning Department. 40. Construction workers shall utilize public parking lots at Palm Street and Main Street. The applicant shall purchase parking permits in a manner approved by the City. One space for each construction worker on the site during the construction, period shall be purchased. Attheearliest possible date, which shall be established by- the Building Department, all construction workers shall be required to park in the parking structure. CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 - FUN ZONE DEVELOPMENT Page 11 41. An engineer's report on the adequacy of the existing bulkhead, including inspection and evaluation of all tie rods shall be prepared by the applicant prior to the issuance, of a grading permit and approved by the Building and Marine Safety Departments for the proposed project. The engineer shallalso, evaluate potential loss of soil through the bulkhead wall and recommend an alternative support system for the bulkhead during the installation of sheet pilings as part of the report andshall provide for the protection of the existing bulkhead,during the time ;.that the tiebacks are affected by the excavation and construction process. 42. The owner shall grant public access rights to the City ,and enter into an agreement with the City to keep the area from the bulkhead to the proposed structure free from hindrances to public access and to repair and keep the area in a good and safe condition at their sole cost and expense. 43. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport should be included in all leases or sub -leases for space in the project and should be included in any Covenants Conditions, and Restrictions which may be recorded against any undeveloped site. DISCLOSURE STATEMENT The lessee,- his heirs, successors and assigns, herein, acknowledge that: a.) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such service; b.) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; c.) The City of Newport Beach will continue to oppose additional commercial area service expansions at the John Wayne Airport; d.) Lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 FUN ZONE DEVELOPMENT Page 12 44., A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. (Prior to theoccupancyof any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan). 45. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, the Public Works Department and approval of the Planning Department. 46. The landscape plan shall include a -maintenance program which controls the use of.fertilizers and pesticides. 47. The landscape plan shall place heavy emphasis on the use of drought -resistant native vegetation and be irrigated via a system designed to avoid surface runoff and over -watering. 48. The landscape plan shall place heavy emphasis on fire -retardant vegetation. 49. Street trees shall be provided along the public streets as required by the Public Works Department and the Parks, Beaches and Recreation Department. 50. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 51. The landscaping plans adjacent to the parking garage entrances shall be reviewed and approved by the Public Works Department and the Department of Parks, Beaches, and Recreation for sight distance requirements. 52. The structure, shall retain a single design theme (both interior and exterior). Signage shall be of a similar design through the building, and shall be approved by the Planning Director. There shall be overall utilization of wooden lap siding on the exterior facade, complementing the Balboa Pavilion. 53. All mechanical equipment, vents, and other service equipment shall be shielded or screened by architectural design. CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 FUN ZONE DEVELOPMENT Page 13 54. Any carnival rides existing presently on the site that are to be incorporated into the proposed development and, during the construction period stored in the City of Newport Beach shall be stored in an off-site location, not within a public right-of-way and in a manner approved by the City. 55. Maintenance agreements shall be required for all non-standard landscape improvements and materials and will be subject to approval by the Parks, Beaches & Recreation, Planning, and Public' Works Departments. 56. The landscape plan shall be designed so as to be visually cohesive with the character of the Central Balboa area. Palm Street shall be planted with palm trees. East Bay Avenue, Washington Street, and Edgewater. Place shall be landscaped with trees in such a manner as to achieve a canopy effect similar to Main Street in the Central Balboa area. 57. Street signs, tables, benches, planters, and other similar features onsite or adjacent to the project site shall be designed with a common themeand shall be approved by the Public Works; Parks. Beaches & Recreation; and Planning Departments. 58. Prior to issuance of any building permits authorized by the approval of this use permit, the applicant shall deposit with the City Finance Director, the sum proportional to the percentage of future additional traffic related to the project in the subject area, to be used for the construction of a sound attenuation barrier on the southerly side of West Coast Highway in the West Newport Area. 59. That any roof top or other mechanical equipment shall be sound attenuated to be no greater than 55 Dba at the property lines. 60. That any mechanical equipment and emergency power generators shall be screened from view and noise associated with said shall be attenuated to acceptable levels in receptor areas. The latter shall be based upon the recommendations of a qualified acoustical engineer, and be approved by the Planning Department.- 61. That prior to the issuance of building permits, the Fire Department shall` review the proposed plans and may required automatic fire sprinkler protection. 62. The Fire Department access to the site shall be approved by the Fire Department. CITY COUNCIL' APPROVED FINDINGS AND CONDITIONS July 26, 1982 FUN ZONE DEVELOPMENT Page 14 63. That all buildings on the project site shall be equipped with fire suppression systems approved by the Fire Department. 64. The proposedproject shall incorporate an internal securing system (i.e. security guards, alarms, access limits after hours) that shall be reviewed by the Police and Fire Department and approved by the Planning Department. 65. That all access to the buildings be approved by the Fire Department. 66. That all on site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Departments 67. Fire vehicle access shall be approved by the Fire Department for all public right-of-ways and easements improved by the applicant. 68. All work on the site shall be done in accordance with City Council Policy K-5 and K-6. Verification of said work shall be provided to the Building and Planning Departments. 69. No restaurant facilities shall be permitted onsite without an amendment to this use permit Said amendment shall consider all restaurant uses proposed on the site at one time to insure that adequate offstreet parking may be provided or establish specific criteria for future restaurant usage. 70. The proposed development shall provide for '.weekly vacuum sweeping of parking areas, walkways, and nonstandard pavement areas. 71. Final design of the project shall provide for the incorporation of water -saving devices for project lavatories and other water -using facilities. 72. The final design of the projgct shall provide for the sorting of recyclable material from other solid waste. 73. Any construction on the site should be done in accordance with the height restriction. This shall apply to any landscape materials, signs, flags, etc. as well as structures, except as maybe modified by the approval of this use permit. CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 FUN ZONE DEVELOPMENT Page 15 74. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent area. The plans shall be prepared and signed by a Licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met.- 75. A cleanup program (weekly during the winter and daily during the summer) around the docks and public walks shall be conducted. During construction devices shall be installed to prevent waste from entering Newport Bay in a manner approved by the Building Department. 76. The finaldesign of onsite vehicular and pedestrian circulation shall be reviewed and approved. by the Public Works and Planning Departments prior to issuance of a grading,.permit. 77. Should the conditions of approval of this project reduce the number of required onsite offstreet parking spaces the space-o-matic parking spaces shall be eliminated first. 78. Provision shall be made for bicycle parking on the site for a minimum of 25 bicycles. 79. Valets and/or attendants shall be provided at all times the project is in use. 80. Signalization of the intersection of East Balboa Boulevard and Palm Street shall be required. 81. The applicant shall provide for marina parking requirements. 82. The parking garage shall be designed to accommodate forty short-term parking spaces to the satisfaction of the City Traffic Engineer and the Planning Department. 83. That the applicants shall provide free employee parking in the structure in a manner approved by the Planning Department. 84. The parking program, shall be designed so as to be a part of any lease agreement and lessee shall not be required to buy validation on an optional' basis. CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 FUN ZONE DEVELOPMENT PAGE 16 85. The applicant shall compensate the City of Newport Beach for the loss of revenues and for each on -street parking space lost on East Bay Avenue. Said compensation shall be based upon the cost of replacing (in the Central Balboa Area) any lost spaces and. revenues as determined by the City. The compensation shall not include parking spaces lostin providing reasonable access to the property as determined by the City's Public Works and Planning Departments. 86. The two (2) space-o-matics in the northeast corner of `level two shall require further review and may not be permitted. 87. The design of all parking levels shall be subject to further review and approval of the City Traffic Engineer. 88. Valets shall be required from one hour before to one hour after normal business hours ,of all building tenants. 89. Access to tandem and space-o-matic,spaces shall be controlled Suring any hour when valets are not present. 90. Space-o-matic devices shall not encroach into required stall sizes. 91. Nighttime lighting shall be limited to that which is customary for normal business operations and consistent with the proposed project design and architectural style. Outlining of the proposed structure, including the ferris wheel, shall be permitted in a manner consistent with that of the Pavilion. The outlining, if accomplished, shall use smaller and dimmer bulbs than. the Pavilion. Said lighting plans shall be approved by the Planning Director. 92. Fugitive dust emissions during demolition and construction shall be minimized by watering the site for dust control, containing excavated soil onsite until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. 93. A fan -assisted ventilation system shall be installed in the subterranean garage for use in peak -hour periods when natural ventilation is limited. 94. Heating and cooling systems shall be designed to take advantage of the natural site orientation and existing -natural ventilation patterns to the maximum degree practical. CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 FUN ZONE DEVELOPMENT Page 17 95. Prior to occupancy of the building, the applicant shall provide written verification from Orange County Sanitation District No. 5 that adequate sewer capacity is available to serve the project. 96. Twenty -four-hour security shall be required on the project site as approved by the City of Newport Beach Police Department and Planning Department. 97. Prior to the issuance of any building, grading, and/or demolition permit the, applicant shall record a restrictive convent guaranteeing the retention of the existing ferris wheel and carousel or their replacement with a- similar ferris wheel and carousel. 98. Special paving treatment common to the project shall be provided for the public sidewalk areas on Palm 'Avenue and East Bay Avenue and from the proposed building line to the Bulkhead line and for all of Washington Street in a manner acceptable to the Public Works and Planning Departments. 99. That any tables in the pedestrian easement area, be for general public use and that no food be served to customers at the tables by adjoining restaurants. 100. That during the construction period, a minimum 12 foot wide surface pedestrian way be maintained along the bay on weekends and holidays between April 1 and June 15 and September 15 and October 15; and that the 12 foot pedestrian way be maintained at all times between June 15 and September 15. 101. That prior to the issuance of the grading permit the applicant shall provide a plan to be approved by the Building and Marine Safety Departments which provides for the protection of the existing bulkhead during the time that the tiebacks are affected by the excavation and construction process. 102 That a waiting areas be provided outside the public right-of-way for valet parking users and that no sign or other devices relating to valet parking be placed in the public right-of-way area. 103. Handicapped parking shall be provided in a manner and quantity approved by the City Traffic Engineer. The handicapped parking shall be designed so as to be conveniently located near elevators in the parking area. CITY COUNCIL APPROVED FINDINGS, AND CONDITIONS July 26, 1982 FUN ZONE DEVELOPMENT Page 18 104. The applicant shall enter into an agreement and post a bond guaranteeing the repair of all damage to the public street system and/or utilities that might be caused by the construction process. 105. The applicant shall enter into an agreement and provide a policy of insurance 'guaranteeing the repair of all damage to private property, business interruption, or other damage caused by the construction process. Said bonds shall be based upon conditions of approval of this project and studies required thereby and shall be approved by the City's' Building Department, Public Works Department, City Attorney's Office and•Finance Department. 106. The applicant shall enter into an agreement and post a 'bond(s) guaranteeing the completion of the proposed project in a manner satisfactory to the City Building Department and City Attorney's Office. 107. The applicant shall enter into an agreement and post a bond(s) guaranteeing the completion of the proposed project to grade (parkingstructurecompleted and useable) within eight (8) months from the issuance of any grading permit.. Sanctions for non-compliance and total amount that could be paid by the applicant in the event of non-compliance shall be established. The agreement and bond(s) shall be subject to the approval of the City Attorney's Office and Building Department. 108. Prior to the issuance of any building, grading and/or demolition permits for the project the applicant shall agree to make such minor changes to the project as maybe caused by revisions to the Central Balboa area overall circulation system. The agreement shall be subject to the approval of the City Attorney's Office and Planning Department. 109. The applicant shall deposit $15,000 for a feasibility study of a tram shuttle. The applicant shall also agree to participate in the implementation of a tram shuttle system, should it occur, on a pro rata basis, based on square footage equal to other merchants in the area. CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 FUN ZONE DEVELOPMENT Page 19 110. That a minimum 15 -foot clear area be maintained within the easement area that will exist from the proposed building line to the bulkhead line. The exact location and design of said area shall be subject to the approval of the Planning Department, Public Works Department, and Parks, Beaches and Recreation Department. 111. That a 23 foot wide surface easement be granted to the City for pedestrian use adjacent and southerly of the existing 12 foot wide pedestrian easement located along the Bay" side of the property. RESUBDIVISION NO. 724 Sustained the recommendation of the Planning Commission on Resubdivision No. 724. FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or the proposed improvements will not conflict with any easements,. acquired by the public at large, for access through or use of property within the proposed subdivision. CONDITIONS: 1. That a parcel map be filed. 2 That all improvements be constructed as required by ordinance and the Public Works Department. 3. That all unused drive depressions be removed and replaced with curb, gutter and sidewalk. CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982; FUN ZONE DEVELOPMENT Page 20 4. That a subdivision agreement and accompanying surety be provided to guarantee satisfactory completion of the public improvements if it is desired to record the parcel map or obtain a building permit prior to completion of the public improvements. 5 That all work within the public right-of-way be completed under an encroachment permit issued by the Public Works Department. 6. That the on-site parking circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. f 7. That a storm drain inlet at the Washington Street street -end be constructed and that a valve be installed in the storm drain line unlessotherwise approved by the Public Works Department. 8 That the intersection of the private drives with the public streets be designed to provide sight distance for a speed of 25 miles per hours. Slopes, landscaping, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight distance line shall not exceed twenty. -four inches in height. The sight distance requirement amy be approximately modified at non-critical locations, subject to approval, of the Traffic Engineer. 9. That a corner cutoff, acceptable to the Public Works Department, at the corner of Palm Street and East Bay Avenue be dedicated to the public for pedestrian purposes 10. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 11. That a study of existing public water, sewer and storm drain facilities available to the site be made by the development prior to recording the parcel map, to determine their capacities.. Any upgrading modifications or extensions to the existing storm drain, water and sewer systems shown to be required shall be the responsibility of the developer. All work on the public sewer, water, and storm drain systems shall be completed or bonded for prior to issuance of any building permits. 12. That the existing 12' -wide pedestrian easement adjacent to the bay be kept free from all obstructions unless otherwise approved by the Public Works Department. CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 FUN ZONE DEVELOPMENT Page 21 13. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer with particular attention to the impact that the proposed parking structure might have on it, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building and Marine Departments. 14. That the existing deteriorated street lights be replaced with new street lights as approved by the Public Works Department and Utilities Department, unless otherwise approved high pressure sodium-vapor lumanars with multiple-'a wiring system shall be provided. 15. That all landscaping and non -standard paving surfaces within the public right-of-way and pedestrian easement be approved by the Public Works Department and that a license agreement be provided for maintenance of the non -standard improvements. 16. That the existing curb returns at the corner of East Bay Avenue and Palm Street be reconstructed with an access ramp. This may require the relocation of the existing palm tree at the corner of East Bay Avenue and. Palm Street. 17. That the existing deteriorated concrete sidewalk and curb along the Palm Street, East Bay Avenue and Washington Street frontages be reconstructed and that any unused driveway aprons be removed and replaced with curb and sidewalk. 18. That the existing overhead utilities along the Washington Street and Palm Street frontages shall be undergrounded 19. That a 23 foot wide surface easement be 'granted to the City for pedestrian' use adjacent and southerly of the existing 12 foot wide pedestrian easement located along. the Bay side of the property. 20. That the existing sidewalk width of 9'-6" on Palm Street, be maintained and that a l'-6" easement for pedestrian purposes be granted to the City. 21. Deleted by Planning Commission. 22. That an eight foot wide sidewalk be constructed on Bay Street and that the required additional right-of-way be dedicated to the City for pedestrian purposes. CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 FUN ZONE DEVELOPMENT Page 22 23. That there ,be no permanent underground structural encroachments into the public right-of-way except under the new pedestrian easement on Edgewater Place without the approval of an Encroachment Permit and that any temporary encroachments be . subject to the approval of the Public Works Department.. 24. That applicant repair or replace (as determined by Utilities Department) and Public Words Departments any utility damaged through subsidence or any other construction, activity related to the proposed development. 25. That during the construction period, a minimum 12 foot wide surface pedestrian way be maintained along the bay on weekends and holidays between April 1 and June 15 and September 15 and October 15; and that the 12 foot pedestrian way be maintained at all times between June 15 and. September 15. 26. That the applicant revise the proposed project so as to locate the structure on the Washington Street property line and convert said street into a pedestrian/service area in a manner acceptable to the City Planning and Public Works Departments. VARIANCE NO. 1092 Sustained the recommendationofthe Planning Commission on Variance No. 1092. FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the land, building, and use proposed in this application, which circumstances and conditions do not generally apply to land, building, and/or uses in the same district. 2. That the granting of a variance to allow the ferris wheel is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the ferris wheel has been located on-site for a longtime and provides a historical perspective to the area. CITY COUNCIL APPROVED FINDINGS AND CONDITIONS July 26, 1982 FUN ZONE DEVELOPMENT Page 23 3. That the establishment, maintenance, and operation of the use, property, and building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or detrimentalorinjurious to property and improvements in the neighborhood or the general welfare of the City. 4. That the proposed "space -frame grill work is approved as an architectural feature pursuant to Section 20.02.061 of the Newport Beach Municipal Code. CONDITIONS: 1. That development shall be in substantial; conformance with the approved plot plan, floor plans, elevations,.and sections. 2. That the ferris wheel shall be the only portion of the project that shall be allowed by this variance to exceed the height limit. 3. That all the conditions of approval for Resubdivision No. 724 be fulfilled. I /� -/fix CITY OF NEWPORT BEACH Marine Department February 8, 1982 TO: JIM HEWICKER, PLANNING DIRECTOR FROM: Tony MMarine Department el umA SU3JECT: �� R PF. 1IT 112-604 FLN ZONE On February 9". 1982 the Marine'Department staff met with Ralph Gray, Debbie Gray and Jim Salter to discuss the parking requirements for the Fun Zone Marina. - Specifically, the staff was presented with two questions: 1. Was marina parking required on the site? and 2. Would an off site parking agreement for a portion of the parking requirement, for the project as a whole, be opposed by the Marine Department staff? The Newport Harbor Permit Policies Section 17.A. states; 17.A. "All commercially operated boat docking facilities shall provide 0.75 parking stalls for each single boat slip and 0.75 parking stalls for each 25 feet of available mooring space not classified as a slip." This would seen to allow for required parking to be provided off site, since there is no specific prohibition. The Marine Department staff would not oppose an off site parking agreement by the applicant to assist them in.meeting their overall parking requirements; however, it was suggested that perhaps a "cleaner' approach to the parking would be for marina parking to be provided on site and for a portion of the tenant or tenant employee parking to be covered by the off site agreements. Tony Malan' Tidelands Administrator January 5, 1982 Answering Interrogatories Propounded to Defendant City of Newport Beach Orange County Superior Court Case No. 35-25-78 1. Phomas A. Mel um 1091 La Mirada, Laguna Beach 3300 Newport Blvd., Newport Beach Tidelands Administrator, City of Newport Beach. 2. No 3. N/A 4. N/A 5. N/A 6. N/A 7. N/A 8. N/A 9. N/A 10. N/A 11.:! N/A 12. N/A 13. N/A 14. N/A 15. N/A 16. N/A 17. N/A 18. N/A 19. N/A 20. N/A City Hall - 3300 Newj)ort Boulevard, Newport Beach, California 92663 21. N/A 22. No 23. N/A 24. No 25. N/A 26. No 27. N/A 28. N/A 29. I don't know 30. Not to my knowledge 31. -N/A 32. I don's know any 33. N/A 34. I don't know any 35. N/A 36. N/A 37. N/A 38. Not to my knowledge 39. N/A 40. I have no knowledge 41. I have no knowledge 42. I have no knowledge 43. I don't, of ray own knowledge,'know where the accident actually occurred, although it seems I heard that it occurred in the dock headwalk between the walk and the bulkhead. 44. N/A 45. N/A 46. I did nothing 47. 1 don't- know 48: N/A _ 49. /A 50. N/A 51. /A 52. I don's. know 53. /A 54. None 55. None 56. No 57. N/A 58. 1 don't know 59® N/A Tony Mellum Tidelands Administrator City-of Newport Beach TM:db (SrACE BELOW FOR FILING STAMP ONLY) ]_ CHRISTENSEN. FAZIO, MCDONNELL. r BRIGGS. WARD & HOLLAND 2 ATTORNEYS Air LAW- 440 .EAST LA HABRA BOULEVARD LA HABRA. CALIFORNIA 90631 ,. �- (213)'694-3827 (714) 870-9972. 4 !u ;" Attorneys for 5 Atto eya for b `-AS 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF ORANGE 10 ) ) 11 BARRY L. LOYD, ) NO. 35 25 78 12 Plaintiff, ) INTERROGATORIES PROPOUNDED TO DEFENDANT,' CITY OF NEWPORT 13 vs. ) BEACH, BY PLAINTIFF ) 14 CITY OF NEWPORT BEACH, et al., ) 15 Defendants. ) 16 17 TO DEFENDANT, CITY OF NEWPORT BEACH, and to MORGAN, WENZEL &. 18 McNICHOLAS, THEIR ATTORNEYS OF RECORD HEREIN: 19 Plaintiff requests that defendant, answer under oath, 20 separately and fully, within thirty (30) days, pursuant to Section 21 2030 of the Code of Civil Procedure, the following interrogatories. 22 In answering these interrogatories, furnish all information 23 available to you, including information in possession or 24 available to your attorney and your insurance agents or adjusters, 25 your investigators, or anyone else acting on your behalf and not 26 merely information known of your own personal knowledge. 27 28 /// l 1. State your full name, residence, business address and E. 2 occupation, and if the defendant is a corporation, please state the! g office you hold with the defendant. 4 2. Were you the owner of therealproperty located at 5 610 Edgewater, in the City of Newport Beach, County of Orange, 6 State of California? 7 3. When did defendant first become owner of this 8 real property? 9 4. Give the name, addressand job title of the person who 10 was on the premises, and who had management and control of the 11 premises of defendant at 610 Edgewater at thetimeof the accident 12 described in the complaint. 13 5. Please state when the alleged occurrence happened, 14 giving the date, hour and minute as nearly as possible. 15 6. Was the defendant in control of the premises at the ti-, 16 and place when the alleged occurrence happened?' 17 7. If the defendant was not in control of the premises, 18 please 'state the name and address, or some identification of the 19 person, firm, or corporation in control of that area of the 20, premises which the alleged defendant occupied on the date of the 21 plaintiff's alleged occurrence. 22 8. Please describe how the plaintiff's alleged occurrence 23 happened, giving all events in detail in the order in which they 24 occurred, before, at -the time of, or after the occurrence, which 25- had any bearing on the cause and manner of the happening of the 26 ( occurrence. 27 9. At what date was the sidewalk in front of ,said 28 premises contruct-ed? +RISTENSEN. FAZIO. OONNELL.. BRIGGS WARD. & HOLLAND .TTORNEYS AT LAW ?-E. LA HABRA BLVD. LA HABRA.. CALIFORNIA 90631 ;2.53] 694-3821 7 1 10. Give the name and address of the party or -contractor l 2 who constructed the sidewalk. 3 i 11. Give the name and address of the party who requested 4, that the sidewalk be constructed. 5 12. Give the name and address of the party who paid for th 6 construction. 7 13. Give the names and addresses of the parties who contracted for the job of constructing the sidewalk. 9 14. State the substance, terms and conditions of the 10 contract and the obligations incurred by all parties thereto. 11 15. On what date was the contract executed? 12 16. What is the name and address of the person who has 13 custody and control of a copy of this contract? 14 17. If you will do so without a motion to produce for 15 inspection, please attach a copy of such document to your answers 16 to these interrogatories. 17 18. Have any repairs, improvements or alterations been _ 18 made to the sidewalk since you have occupied the premises at 19 610 Edgewater, Newport Beach, California? 20 19. If so, give the following information for each such 21 item of repair, improvement or alteration: 22 a. Date; 23 b. Name and address of party who performed such work; 24 C. Description and location of work done; 25 d. Name and address of party who requested work be done; 26 e. Name and address of party who paid for it; 27 f. Name and address of parties to the contract for 28 such work; ;RISTENSEN. FAZIO. DONNELL. BRIGGS !YARD&HOLLAND _ 1 -3- 'TTORNEYS AT LAW.. ] E. LA MAH RA BLVD. LA HABRA. CALIFORNIA' 40631 1273 )...894-3821 i; r ] i g. Name and ,address of party who has custody and control! 2 I{ of a copy of this contract, if written; 3 h. Name and address of party who has custody and control 4 1 of records disclosing the facts given in your answers to this 5 interrogatory. 6 20. On the date of the accident, were there any defects, - 7 hole, crevices or depressions in the sidewalk referred to above? g 21. If so, for each defect, hole, crevice or depression, 9 give the following: 10 a. Date defendant first had notice of such,.and name and 11 address of the party giving the notice; 12 b. Manner in which defect, hole, crevice or depression 13 was caused; 14 C. Name and address of party who caused the defect, hole, 15 crevice or depression and date caused; 16 d. The reason defect, hole, crevice or depression was 17 caused to be made; 18 e. Purpose of the defect, hole, crevice or depression; 19 f. Name and address of party who requested that defect, t 20 hole, crevice or depression be made; J 21 g. A description of each defect, hole, crevice or 22 depression; 23 h. The location of each on the sidewalk. 24 22. Have you ever applied to a governmental body, 25 department or board, or any officer of agent thereof, for authority 26 to repair, alter or improve this sidewalk? 27 28 IRISTENSEN, FA210,.. DONNELL. BRIGGS, - & HOLLAND —4 - 4ITTOWARD ITT ORNEYS RNEYS AT LAW a E. LA HABRA BLVD. . LA.HABRA. CALIFORNIA. 90631 - .. !2731 F+OA_-4 - - I . j I 1 I 23. If so, give the following information with respect 1 2 to each application; 3 a. Name and address of body, department, officer or j 4, l agent to whom you applied; 5 i b. Date of each application; 6 C. Description of repairs, alterations or improvement 7 you intended to make or-install; 8 d. Whether such authority was granted or denied and date) 9 of each granting or denial. 10 24. Are there any records which disclose the facts 11 referred to in your answers to.the above? 12 I 25, If so, give the name and address of the party who has 13 control and custody of all such records. 14 26. Have you ever received a notice to repair the, 15 sidewalk? 16 27. If so, give the following information for each notice 17 to repair; 18 a. Date received and the name and address of party 19 sending it; t 20 b. -Description of repairs requested in such notice; 21 C. Name and address of party who has custody and control 22 of any records which diclose the facts given in this interrogatory. 23 28. Did the defect, hole, crevice or depression referred t 24 above increase in size with the passage of time after it was first 25 noticed by defendant? 26 29. Was the defect, hole, crevice or depression created by, 27 or increased in size or depth by boats going to and from the 28 I premises located at 610 Edgewater, Newport Beach, California? IMSTCNSEN, FAZIO. :DONNELL. BRIGGS. WARD & HOLLAND —5— aTTORNEY4 AT LAW O E. LA HABRA BLVO. ' LA HABRA, CALIFORNIA 50631 i 1 11131 6QA_aaae ], 30. Are there any photographs of the sidewalkas the surfac 2 thereof existed on the date of the accident described in the 3 1 complaint herein? 4 31. If so, give the name and address of the party who has 5 custody and control of all such photographs or negatives. 6 32. Please identify and describe the appearance of each anc 7 every person who observed, or was present in the vicinity of the 8 i plaintiff's alleged occurrence, giving the name and address of such 9 Person if known to you. 10 i 33. If any of the persons listedinthe previous 11 E interrogatory are agents or employees of the defendant, please 12 described in as much detail as you can, everything that was seen 13 or noticed by each such agent or employee, and where, in 14 relation to the point of.occurrence, each such agent, or employee 15 was at the point of any such witnessing of the occurrence. 16 34. Give the names and addresses of all witnesses to the 17 scene of the accident and the date thereof, but who did not 18 actually witness the fall. 19 35. Please describe in detail each action or activity of 20 the plaintiff from the -time you, or any agent or employee of the 21 defendant, first observed the plaintiff, before, and up to the time{ 22 of the alleged occurrence, i 23 36. Please describe in detail each action or, activity of th 24 plaintiff as observed by.you, or any agent, or employee of the 25 i defendant, at the time of, and during, the alleged occurrence. 26 } 37. Please describe in detail each action or activity of 27 the plaintiff, as observed by you, or any agent or employee of the i' 28 defendant, subsequent to the alleged occurrence. RtSTENSEN. FAZIO• DONNELL• BRIGGS. - ! XARD & HOLLAND -.6- TTORNEYS AT LAW E. LA HABRA BLVD. ( LA HABRA, :A LIFORHIA 90631 � } l 2� 3� 4 5 6 7 8 9 10 11 12 _13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 R -1i +RISTENSEN. FAZIO DON NELL. BRIGGS,. 'AARD & HOLLAND .TTORNEYS AT LAW 0 E.. LA. HABRA BLVD. LA HABRA. GAL IFORNIA 90631 0213) 694-3821 38. Please state whether or not you, or any azgent or employee of the defendant, rendered any assistance of any kind to the plaintiff immediately after the plaintiff's alleged occurrence. 1 39. If your answer to the preceding interrogatory is in the affirmative, please state in complete detail which assistance was rendered to the plaintiff, and the name and address of each personrendering any assistance of any kind to the plaintiff. 40. Please describe.in complete detail, the physical condition of the plaintiff immediately after the plaintiff's alleged occurrence, particuarly with regard to bleeding, bruises, cuts or other physical injury. 41. Please describe in complete detail the emotional or i mental condition of the plaintiff, that is, whether or not the plaintiff was crying, -talking, complaining of pain or otherwise mentally disturbed. 42. Please describe in full detail the appearance of the, plaintiff's clothing as to whether or not any part of it was disarranged, torn, dirty or otherwise, indicating which. 43,- _Please describe as accurately as possible the place or location of the alleged occurrence within the defendant's premises, giving in your answer the distances in feet to fixed objects or boundaries by which the location may be identified. 44. Please -list all factors or events which you contend caused or contributed to cause the plaintiff's alleged occurrence. 45. If there were any obstructions to the plaintiff's view as the plaintiff approached the scene of theallegedoccurrence lease describe each such uch,.obstructionin detail. 7. t - 1 2 3� 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23. 24 25 26 27 'IRISTENSEN., FAZIO. ' _DONNELL, BRIGGS. WARD & HOLLAND iTTORNEYS AT LAW O E. LA= BLVD, LA HABRA. CALIFORNIA 90631 l2I31 Bio e_oao• 46. Please state in detail everything that yau, or any agent or employee of the defendant, did in an attempt to avoid the alleged occurrence. 47. At or about the date of the alleged occurrence, did the defendant have any established procedure for the inspection of the premises where the occurrence happended which was within the control of the defendant? 48. If your answer to the preceding interrogatory is yes, please give a description of the procedure, state the date and time i of day when the most recent inspection was made just prior to the date and time of.the alleged occurrence 49. Please identify, including name, job title, and address of each person who participated in performing such inspection and state, in detail, what inspection revealed or dis- closed. 50. If the defendant has no established procedure for the inspection, did you, or any agent, or employee of the defendant s make an inspection of the premises where the occurrence happened' at any time within three days prior to the date and, time of the j t alleged occurrence? } i 51. If your answer to the preceding interrogatory is yes, please state the date and time of day when each inspection was I made and the conditions disclosed by each such inspection. 52. Please -describe, as completely as you can, the lighting conditions at the time and place of the alleged occurrence, including the amount of natural light and/or the amount of artificial lighting, ; 1 _ —8- - t v i 1 i 53. Please state each and every act or action`'taken by 2 you, or by any agent or employee of the defendant, which caused or i 3 4 contributed to cause, the plaintiff's occurrence as alleged. 4 I 54. Please state fully the substance of each conversation 5 which took place, just after the plaintiff's alleged occurrence, 6 between the plaintiff and you, or any agent or employee of the 7 defendant. 8 55.Please give the substance of any and all conversations 9 communications, or statements made by you.or between the plaintiff 10 and you, or any agent or employee'of the defendant, relative to the 11 alleged occurrence. 12 56. Did you or any agent or employee of the defendant ever 13 take or receive any statement, either oral or in writing, from any 14 person including parties, who had information or knowledge 15 relating to the alleged occurrence? 16 57. If you answer to the precedirg interrogatory is yes, 17 please state as to each such person, his or her identification, 18 including name,and address, the date of any such statement, the 19 substance, as betst you can give of such statement, and if such 20 statement was in writing, either attach a copy therefo, or indicate 21 where and when such statement may be examined by counsel. 22 58. Is it the contention of the defendant that the 23 plaintiff, by any act or omission, caused on contributed to cause, 24 the alleged occurrence? 25 59. If your answer to the preceding interrogatory is yes, 26 please state in detail each act or omission by the plaintiff 27 28 IRISTLNSEN. FAZIO. DONNELL. BRIGGS. WARD & HOLLAND — — .TTORNEYS AT LAW I a E. LA. HABRA BLVD. ,. - LA HABRA♦ -ALIFORNIA 906031 • II 1 whichit is contended caused or contributed to cause the 2 ! alleged occurrence. 31I DATED- October 21, 1981 4 CHRIS�T'ENS FAZIO, McDONNELL, BRIGGS, ARD & HO, AND 5 fi /V 1AW i �_/ CtINTOJ/W.-HOLLAND 8 9 _ 10 11 12 13 14 15 16 17 18 19 t 20 21 22 23 24 25 26 27 28 -4RISTENSCH. FAZ10- DONNELL. BRIGGS: - WARD & HOLLAND iTTORNETS AT LAW ` O E. LA HABRA BLVD. LA HAORA CALIFORNIA 90831 -10- 1213) 694-3825 -NAME AD DF2ES'S OF PROPOSED FACILITY PERMIT JAK CONSTRUCITI Co MAIL R +y Vile q 6�.n duO"f 11P..11hill SUZ �Pr 21 TELE' E. NO. FEE CH C NNN a. Mesa, �� /1 �DATE APPROV Ep BY: . DATE ' 0 e O APPLICATI ON i'S HEREBY MADE FORA HARBOR PERMIT i0 � dL ' 4 OCHD ❑ i. EEY CONSTRUCT/MMIX,A docks f � ENGR �^� AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF IAI-_ �El'-.1�f2 N 7�- NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING ! 'COUNCIL -7� �' --�- BY a & DPY+}�ZT COMPANY E](� 1- :PUBLIC WORKS DATED /7 DEPT. 9 I �( I ESCROW ❑, DATE I 2 ..'INSPECTION ®. "PC O"/ .6"M�✓a AT / • IT -w- Arm[off SIGNATURE ~/ - ( n _ _ Nes_ CITY OF NEWPORT BEACH, CALIF. / WX FORM 68-7070 I APPROVED BYi DATE OcHo ENGR COUNCIL PUBLIC WORKS DEPT. "ESCROW M 1:1 INSPECTION El D SPECIAL CONDITIONS: ADD ED FACILITY PERMIT DATE APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO CONSTRUCT/FXM A AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING BY- DertW COMPANY DATED._.__. DAT E 9/1/72 SIGNATURE CITY OF NEWPORT BEACH, CALIF wx FORM es -1610 BUYERS' NAME(S)� . ADD SS OF FACILITY . MAILING ADDRESS air �$ PERMIT # t*XTELEPHONE I �. . '_ HONE NO. - lll��''lvvV/ ,, FEE CHECK N0. DATE APPROVED BY: DATE TI,. t. OCHD - APPLICATION IS HEREBY MADE'TO TRANSFER HARBORP ERMIT ENG ❑- . ':BealeY SELLERS' NAME(S) COUNCIL (ABOVE NAMES TO BE TYPED)' PUBLIC'WORKS DEPT• .. _ SIGNATURE OF SELLER ESCROW n .... SIGNATURE OF BUYER x- lit _ - INSPECTION '❑ �,,..,.., 'SIGNATURE. -OF SE LLER SIGNATURE' OF BUYER ❑ tangyZia J SIGNATURE OF JOINT OWNER APPLICATION APPR ROVED (DATE SPECIAL`CONDITIONS: THIS PERMIT IS REVOCABLE B ARBOR COORDINA 10R OF THE MUNICIPAL COD E. Y TH E CITY C Ou NCI L IN ACC ORDANCE WIT'. H TITLE 17 j CITY OF'NEWPORT BEACH. CALIF. - -_ i WX, FORM 66.1011 REV. CAL AMERICAN R ENT -A -CA R AUTO A'ENTAL-LEA ES -SAI Fc DECLARATION OF TONY MELUM I, Tony Mellum, declare as follows: 1. I am the Tideland Administrator for the City of Newport Beach and have been so employed since 1978, and as such I am the duly authorized custodian of the records of the Tidelands Division of the Marine Department of the City of Newport Beach, and by virtue of my position I am authorized to certify said records. 2. Attached to this Declaration is the Harbor Permit [No. 112-604 for structures over City Tidelands at 600 East Bay Avenue] drawing for the property at 600 East Edgewater. The line on this drawing designated "U.S. Bulkhead Line" is a line established by the Army Corps of Engineers to delineate the division between private property and State Tidelands. 3. The area bayward of the bulkhead lines is State Tidelands, granted to the City of Newport Beach in trust by a number of statues promulgated the 1920s, and reaffirmed in legislation adopted in 1978 (Beacon Bay Bill). 4. Under a permit system, established by the City, the upland property owner or long term leasee is permitted to occupy the tideland, subject to the Newport Beach Harbor Permit Policies. Sections 4A and 4F of the above names policies deal with the liability of the permittee for personal injury or property damage arising out of the possession of structures within the permitted area and provide as follows: 4.A "Acceptance of Provisions: It is understood and agreed by the Permittee that the doing of any work under the permit shall constitute an acceptance of all provisions." 4.F "Liability for Damage: The Permittee is responsible for all liability for personal injury or property damage which may arise out of work herein permitted, or which may arise out of the use of possession of said works, and in the event any claim is made against the City of Newport Beach or any department, officer, or employee thereof, though, by reasons of, or in connection with such work, permittee shall defend, indemnify and hold them and each of them, harmless from ,such claim." 5. The land bayward of the bulkhead line is State property, granted to the City of Newport Beach in trust and the City then, through its permit system allows upland owners to "occupy" the Tidelands subject to the provisions of the Harbor Permit Policies. I declare under penalty of perjury that the foregoing is true and correct. Executed this day of & 3 1981, at Newport Beach, California. Tony 76luIn MARINE DEPARTMENT June 23, 1980 TO: FILE FROM: Tony Melum SUBJECT: PERMIT #112-604 On June 18, 1980, Dave Harshbarger and I met with Mel Fuchs and another gentlemen to discuss concerns about the operation of the marina at 600 Edgewater. It was felt by the gentlemen involved that if conversations could be held with the marina operators, some of the problems, if not all, might be re- solved. I will see if I can arrange such a meeting. Tony Melum Tidelands Administrator TM:ak � W PC) ° CITY OF NEWPORT BEACH MARINE DEPARTMENT -114FO 640-2156 June 23, 1980 V. L. "Debbie" Gray 407 Evening Star Lane Newport Beach, CA 92660 Dear Mrs. Gray: Would you please contact me at 640-2156.regarding complaints received by this office dealing with the marina at 600 Edgewater. Thank you, Tony/M 11� Tidelands Administrator TM:ak City Hall - 3300 Newport Boulevard, Newport Beach, California 92663 PSR . A CITY OF NEWPORT BEACH gG�PORN� . June 6, 1980 Mr. F. R. Werner Box 802 Balboa, CA 9266.1 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 public." I spoke with Mel Carpenter's office of the South Coast Coastal 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 Mall 3300 Newport Boulevard, Newport Beach, California 92663 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 "skiffs, 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 Quality 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 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. I hope this has addressed each of your concerns, and if I can be of further Mr. F. R. Werner Page -3- June 6, 1980 assistance in this regard, please call 640-2156. DAVE HARSHBARGER, DIRECTOR MARINE DEPARTMENT Tony Mel 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 CITY OF NEWPORT BEACH MARINE DEPARTMENT June 4, 1980 T0: CITY MANAGER` FROM: Tony Melum, Tidelands Administrator' SUBJECT: ATTACHED LETTER FROM CONCERNED BALBOA MERCHANTS Dave Harshbarger has asked that I respond,to the attached letter from concerned merchants along Bay Front in Balboa regarding Harbor Permits #112-604 and #112-507. I 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 Comi6tssion. The Coastal, permit was.: issued and included the conditions as outlined in. the attached letter. On June 3, 1980, I spoke with the Coastal Conmission`s Mel Carpenter and he indicated that the Commission enforces its 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 Page -2- June 4, 1980 had the approval of the Traffic Division of Public Works Department, the Com- munity Development Department and the Marine Department. 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 Municipal 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 R-gional Water Quality 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 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 thatthis 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 there are sufficient committed spaces available for the marina use. The restrooms are provided and adequate. The liveaboard situation, trash, and room for dingies and skiffs will be followed up with the applicant. , y��J ��Iv'1 G� / Tony Melum Tidelands Administrator TM:ak attch City of Newport Beach Mr. Bob Wynn, City Manager 3300 Newport Boulevard Newport Beach, California. 92663 � �S California Coastal Commission South Coast Regional Commission co 666 East Ocean Boulevard Suite: 3107 P.O. Box: 1450 Long Beach, California. 90801 Gentlemen: We are a group of merchants located along the Bay Front in Balboa, California who have a great investment in this area and would like to see the area upgraded 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 improvement in the area indeed helps all of us. We 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 since then many items of non compliance with the orders of the City of Newport Beach and the Coastal -Commission have been very evident and not to the benefit of the Balboa area. They are as follows: K 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 the availability of these to the general public shall be prominently posted", and going on and quoting item 2: "that ten of the 26 spaces 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, nonof 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 of August 27, 1979, a copy is enclosed, item '# 2 calls for 17 parking 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 being demolished for parking as shown. Regarding item # 2, relating to skiffs, dingys, etc., this is also in non compliance. Regarding item # 11, "liveaboards scall be prohibited", this is also in violation. 3: Reference City of Newport Beach Harbor Permit # 112-507, 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 noncompliance. Also, when the marina was put in the bay front sidewalk was badly broken up. it was never replaced and it is a a. definate hazard to the walking public.( ublic. br 'SF el 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 being 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. Very truly yours, City of New -port Beach Ms. Bob Wynn, City Manager 3300 Newport Boulevard Newport Beach, California. 92663 ----------------------------------- California Coastal Commission Sout'n Coast Regional Commission 666 -ast ocean Boulevard Suite: 3107 l'.0. Box: 1450 Long Beach, California. 90801 ^entlemen: We are a group of merchants located along the Bay Front in Balboa, California who have a great investment in this area and would like to see the area upgraded and maintained in a way that brings credit to our corm—nunity. When a new business comes into the area, or a merchant improves their business, we cheer them, on, as any rovea:ent in the area indeed helps ail of us. We 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 Ion; overdue. But since then many items of non compliance with the orders of the City of Newport Beach and the Coastal Co= ission have been very evident and not to the bene.t 0f _-e Balboa area. _^ey are as fo=lois. 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 the availability of these to the general public shall be prominently posted", and going on and quoting item 2: "that ten of the 26 spaces 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, nonLof 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 Of A==gust 27, 1979, a copy is enclosed, item # 2 calls for 17 parking 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 being oemoiished for parking as shown. =regarding item # 2, relating to skiffs, d;ngys, etc . , t i�S is also ? rt non comply ince . ?.egard�ng item j= 11, "l�veaboards s' I I be prohibited", this is also in violation. 3: Reference City of Newport Beach Harbor Permit 112-507, dated January 30, 1976 and January 30, 1978, a copy is enclosed: regarding item # 2 and the compliance as to Restrooms and Parking en -en the facility is converted to a Co=ercial Marina, this is in non compliance. Also, when the marina was put in the bay front sidewalk was badly broken up. It was never replaced a, -.1d it is a de__nate ^azard to i�, walking cruel -c. CALIFORNIA INSTITUTE OF TECHNOLOGY KERCKHOFF MARINE LABORATORY TELEPHONE (714) 673-9894 101 DAHLIA STREET CORONA DEL MAR. CALIFORNIA 92625 June 12, 1979 Mrs. Debbie Gray Fun Zone Development Company 309 Palm Street Balboa, California 92661 Dear Mrs. Gray: This letter reports on my brief survey by skin diving of the bottom°immediately off the Fun Zone at Balboa, between the public pier at the foot of Washington Street, westerly some 70 feet to the location of the boat slips that exist there. Presently this is all open water and, from our conversation, I understand your company wishes to conduct dredging operations at this site. I As we discussed, I observed a small population of eelgrass (Zostera marina) fringing the shoreline and following the depth contours. I judged that the width of the patch ranged from about three to ten feet while its length extended across the entire stretch of open water or about 70 feet. The water was waist -deep where I stood in the eelgrass. It was about an hour before full tide, so the bed is probably fairly completely exposed during extreme low tides. Density of the plants was on the sparse side and they were poorly rooted., Many pulled free from the bottom just from brushing against me as I swam through the blades. The blades were heavily epiphytized with plant and animal encrustations. The population, in my opinion, was at best a mediocre stand of this species. The general condition of the environment here appeared to be strongly influenced by human activity, in particular the dumping of solid and of organic wastes. Colonies of sulfur bacteria covered substantial portions of the bottom. The bottom was loosely consolidated very fine sediment that was easily brought into suspension by my swimming movements. Whenever I surfaced, clouds of black "dust" came up with me and produced very strong -smelling odors at the air -water interface, reminiscent of sewage:. The degraded condition was much more prominent near the public dock and abated somewhat as I swam westerly. You indicated to me that"regulatory agencies have stipulated that it will be necessary for you to transplant the eelgrass population to a new site in hopes of preserving it. The Caltech research group a:, Mrs. Debbie. Gray Page 2 June 12, 1979 at our marine laboratory has conducted many transplanting and culturing operations involving marine plants (including eelgrass) for sixteen years. We frequently find that if some plant species is not growing at a site, there is a reason for it. That is, the environment just is not suitable and it is a waste of time and money to introduce trans- plants until you understand the problem and are able to correct it. I feel dubious about the basic value of transplanting this straggly population of eelgrass away from your Fun zone. Rather I would recommend that funds be spent in attempting to maintain a better environment than exists presently at this site. Your dredging operations should remove the waste materials that are currently causing eutrophication of the bottom here. Perhaps waste materials could be skimmed off the bottom every year or two in your new marina. From an ecological viewpoint, I think this would upgrade the area very substantially. It was a pleasure meeting with you and I hope the above comments will be helpful to all concerned. Sincerely, J Wheeler J. North Professor of Environmental Science M. DEPARTMENT OF THE ARMY 2c) LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES, CALIFORNIA 900°53O -N Public Notice No. 79-75 13 April 1979 Date Comments Due: -30 April 1979 YOU ARE INVITED TO COMMENT ON THIS APPLICATION FOR A PERMIT APPLICANT: Fun Zone Development Company (Partnership) 309 Palm Balboa,' California 92661 APPLICANT'S AGENT: Debbie Gray (714) 556-1711 ACTIVITY: Under Section 10 of the River and Harbor Act of 1899 and under Section 103 of the Marine Protection, Research and Sanctuaries Act, to remove, existing deteriorated boat slips, ramp and piling; construct and install thirteen (13) new boat slips with ramps and piling; construct pier and sewage tank pump -out station; and dredge approximately 600 cubic yards of silty sand, using a hydraulic suction dredge at 600 E. Edgewater, Lots l through, 6, Block B7, Tract Bayside, in Newport Bay, Pacific Ocean, City of Newport Beach, Orange County, California, as shown on the attached drawings. The dredged material will be barged and bottom -dumped .at approved Environmental Protection.Agency (EPA) disposal site LA -3 Newort Beach-, 250 fathoms, within a 1,000 -yard radius of Latitude 33()31'42" . North, Longitude 117054'48" West. The evaluation of the impact on the public interest of this activity will include application of the national guidelines promulgated by the Environmental Protection Agency contained in Ocean Dumping, Final Revision of Regulations and Criteria, Federal Register`of 11' January 1977, p. 2462 (40 Code of Federal Regulations 220). PURPOSE AND USE: To provide adequate boat docking facilities for the boating public, and maintain an adequate depth for boats operating within the area. FEDERAL, STATE AND LOCAL AUTHORIZATIONS: Approvals have been received from the City of Newport Beach and the Water Quality Control Board - Santa Ana Region. Approval will also be required from the California Coastal Commission, prior to issuing the permit. SPLCO-N Public Notice No. 79-75 Fun Zone Development Company (Partnership) 13 April 1979 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 Registry of Natural Landmarks. Anyone having knowledge of archaeological, scientific, prehistoric or historic materials in the immediate area should contact this office during the comment period. The permit (if issued) will include a condition that if potentially significant findings, are made during construction, work shall be suspended immediately. The findings shall be reviewed and appropriate action will be taken. ENVIRONMENTAL IMPACT: A Preliminary Environmental Assessment.of the proposed action has determined that some adverse environmental effects would result from the project. Removal of the existing docks and piling would eliminate the mature float community attached to the structures. Installation of 12 pilings for the proposed .pier would permanently eliminate benthic flora and fauna directly beneath the piling. Dredging 600 c.y. of sandy material would eliminate the existing benthic communities at the dredging site. Colonization of the new piling and recolonization of the dredged area by marine organisms should begin shortly after project completion. Construction and dredging activities would create temporary turbid conditions and increased noise levels in the project area. Physical analysis of sediments to be dredged show material to be predominantly sand and compatible with material at the proposed ocean disposal site. The dredging site is located in lower Newport Bay in an area of good circulation, and historically sediments have been of good quality. The new dock facility is required to replace existing deteriorate docks. Dredging is required for navigation safety within the renovated marina. The preliminary assessment concludes that no significant impacts upon the human environment would occur, therefore, at this time, an Environmental Impact Statement does not appear necessary. PUBLIC 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 fifteen (15) calendar 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 written comments or objections should include the number and date of this notice and must reach this office within fifteen (15 ) 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 utilization of important resources. The benefit which 2 i Public Notice No. 79-75 SPLCO-N (Partnership) Partnershi ) 13 April 1979 .Fun Zone Development Company reasonably, may be expected to accrue from the activity must be balanced ient hich may be against its reasonably foreseeable detrered;samo glthosefactors areWconservat on, relevant to the activity will b economics, aesthetics, general environmental concerns, his values, fish and wildlife values, flood damage prevention, land use classification, 1 water quality, and, in general, the navigation, recreation, water supe y'ermit will be granted unless its needs and welfare of the people. No p issuance is found to be in the public interest. TIES. KEYS Lieutenant Colonel, CE, Acting DistrictEngineer 3 CITY OF NEWPORT BEACH MARINE DEPARTMENT June 28, 1979 TO: FILE; HARBOR PERMIT NO. 112-604 FROM: SUBJECT: At 10:30 a.m., on this date, a meeting was held on site at the Balboa Fun Zone Marina with the applicant, the City, and a number of State and Federal regulatory agencies. A list of these agencies will be attached to this memo. The purpose of the meeting was to discuss two issues that have been raised by some of the regulatory agencies in their comments to the Corp. of Engineers, as possible conditions to be placed on the Corps. permit. These two issues have to do with dredging on the site, and eel grass located on the site. The dredging issue was discussed in regards to the EPA dredged material disposal criteria, and the required analysis of dredged material. This analysis to be provided to the EPA for their consideration in deciding if they would allow disposal of this material at sea. This analysis consists of a number of different steps, some of these being an analysis of the grain size of the dredge material, the heavy metal content of the material, and a bio-assay of the dredged material to determine its impact on the dredge disposal site. This last criteria was the main item discussed because the granular analysis, and the heavy metal analysis were not conclusive enough to allow the EPA to grant a waiver of the bio-assay. The applicants concern, regarding the bio-assay, was the expense involved in accomplishing this task. The Corp. of Engineers estimated that the cost for completing a bio-assay of the dredge material site and its compatibility with the disposal site was approximately $28-30,000. The necessity for performing this bio-assay on a project this small was discussed, and it was the concensus of the group that this requirement appeared to be excessive. However, the regulations under which the EPA and the Corp. of Engineers operate do not have provisions for small projects. Therefore, the bio-assay must be done, and the cost borne by the applicant. Because of the cost, alternatives to the bio-assay were solicited from the group. The EPA representative asked if the City's Blanket Maintenance Dredging Permit werw still in existance. It was indicated to him that the City was still operating under this Blanket Maintenance Program for projects of 200 cubic yards or smaller. The EPA representative suggested that the dredging for this project might be accomplished in a phasing operation. In other words, a portion of the dredging required would be done now, another portion would be done at some later date, etc., until such time as the necessary dredging were accomplished. It was explained to the EPA representative that this is a definite possibility that the City and the applicant had considered this possibility. However, it was the City's desire to proceed with this application on Permit No. 112-604 -2- June 28, 1979 a total project basis so as not to arouse suspicion on the part of those agencies represented today.regarding the City's method of admin- istering our Blanket Permit. In other words, we did not want to jeopordize our blanket permit by using it as an obvious method to circumvent the requirements for a project of this size - 600 cubic yards. It was the consensus after some discussion of those present, that in this case,since the EPA criteria seemed to be harsh and overly expensive for a project of this size, perhaps the City's Blanket Maintenance Dredging Project was the only reasonable alternative. It was then suggested by myself that since this seemed to be a consensus that we move on to the topic of eel grass. A representative of NOAA was asked if his position was firm or would he be willing to modify it to some extent. He stated that his position was firm, and that any eel grass in the project site that would be negatively impacted by the project would have to be replanted at a site suitable to his agency. It was pointed out to him that some of the sites that he had previously suggested would have to be agreed upon not only by the City, but the Orange County'.Harbor Dist. because the tidelands involved are County tidelands, and that there may be some problems if the Fish and Game agencies wish to place it in a navigable area. The NOAA representative indicated that he did not wish to do this, but that he wished to place it in an area where it would not be impacted by boat traffic. The extent of the eel grass on the site was discussed, and the reasons for NOAA's insistence on relocating the eel grass were discussed. The representative from NOAH indicated that any eel grass thatwouldbe underneath a slip structure or under vessels and thereby shaded, would be negatively impacted. He was then asked if some portion of the marina area were left open to sunlight, that is slips or boats were not covering it and an area left open to sunlight, would the eel grass in that area have to be relocated. He indicated that it probably would not have to be. I then asked the representative from NOAA if he would be agreeable to conditioning his approval to allow the marina construction to be completed, and upon completion of the marina, an investigation by him resulted in a determination that some of the eel grass would not be negatively impacted, that eel grass could remain. Any eel grass that would be impacted would have to be relocated. The representative from NOAA indicated that this would be an acceptable condition. The applicant also indicated that they would be willing to accept this condition. In conclusion, then, it appears that the dredging issue has been resolved by the simple expediency of removing any mention of dredging from the application to the Army Corp. of Engineers, and the dredging would be accomplished under the City's Blanket Maintenance Dredging Project. The eel grass situation will be resolved by a special condition on the Permit to allow for future determination of impact and necessary replanting of any eel grass should it be required. During the course of discussion of the maintenance dredging, the representative from the Corp. of Engineers reminded the City that its Blanket Maintenance Dredging Permit would expire in 1982, and it was his opinion that this Permit would not be renewed. Further discussion with Permit No. 112-604 -2- June 28, 1979 the representative resulted in his stating that the bio-assay that was previously discussed in regards to this permit would also have to be performed by each dredging project after the City's Blanket Permit was expired. In order to have the Blanket Permit renewed, the City would probably have to perform a number of bio -assays around the bay. The alternative to this would be to have each dredging applicant, in the future, perform a bio-assay for his project no matter how small it is at a cost of $20-30,000 each time. It is my opinion that this matter should be brought to the City Manager's attention and possibly City Council's attention and the City should establish a course of action to take for the renewal of our Blanket Permit. Glen E. Iv;elden Tidelands Administrator GEW:mw i \iJ'a! L' 1 16 Ad La a%`eY�l d i d Usd e Demolition of existing deteriorated docks and pier, construction of 15 new docks and a pier. The project also includes dredging, parking area, and the renovation of public sanitary facilities. The proposed project is one phase of a complete renovation of the Fun Zone Amusement Park and Marina. The remaining phases ,of the total .project are not a part of this application. LOCATION DESCRIPTION & STREET ADDRESS: on the Balboa Peninsula in Nelmort Bay at 600 East Edgewater in Newport Beach DISTANCE FROM MEAN HIGH TIDE•LINE: in the water PRESENT USE OF PROPERTY: deteriorated marina SITE SIZE: = sq. ft. DENSITY: Gross: Net: UNIT MIX: ON-SITE PARKING: Primary = 26 Size = 9-' x 19' Tandem = Size = Total = 26 PROJECT HEIGHT: Above AFG = Above CFR = PROJECT COST: $ 82,800 EIR: Categorically Exempt AGENCY APPROVAL: Approval in Concept = City Planninp- 11-30-78 R.W.Q.C.B. 12-14-78, State Lands Commission 12-18-78. Marine Dept, 11-28-78 Department of Army 79-75 (pending,) _ -2- Addition Project Factual Data: The Commission previotl.slyr approved permit A-3-29-77-465 for the demo- lition of seven deteriorated docks and construction of four new docks on that portion of the riiarina to the west of the Balboa Ferry landing. The project, now before the Commission, is a continuation of the refurbishing of the marina and represents that portion of the east of the ferry landing. Historically, this marina has been associated with being a part of the Fun Zone Amusement Pari: immediately adjacent to the marina; and therefore, represents a somewhat nebulous phase of the complete refurbishing of the Fun Zone. Staff has reviewed two conceptual approaches to this total refurbishing project, which may or may not be appropriate use of the property at the time it is implemented. I strongly recommend that the Commission clearly indicate that approval of the proposed marina restoration shall not be construed to be implied consent to any future project concerning.the Fun Zone property. Issues: 1. Private Use of Public Land 2. Parking Private Use of Public Lana: Section 30001.5 of the Coastal Act states as follows (emphasis added): 30001.5. The Legislature further finds and declares that the basic goals of the state for the coastal zone are to: - (a) Protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and manmade resources. (b) Assure orderly; balanced utilization and conservation of coastal zone resources -taking intaaccaun the social and economic needs of the people of the state. (c) Maximize public access to and along the coast and maximize public recrea- tions opportun t es in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners. (d) Assure priority for coastal -dependent development over other development on the coast. (e) Encourage state and local initiatives and cooperation in preparing pro- cedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone. The State Lands Commission has determined that the proposed project is sited upon publicly owned lands and has approved the project with the provision that approval be obtained from the City of Newport Beach in accordance with the grant of the land to the City of Newport Beach under provisions of Chapter 494 of the Statutes of 1919, Chapter 70 of the Statutes of 1927, and Chapter 813 of the Statutes of 1929. Parking: At Section 30252(4) of the Coastal Act indicates that the location and -3- amount of new development shall maintain and enhance public access to the coast by providing adequate parking facilities. The applicant has acquired a 26 -space parking area immediately adja- cent to the westerly portion of the marina. This parking is currently available to the general public on an hourly fee basis. Findings: 1. The State Lands Coiimlission has determined that the proposed project lies within public trust lands, which have been granted to the City of Newport Beach under the applicable provisions of the Statutes of 1919, 1927, and 1929. 2. As conditioned below, the project will be in conformity with Section 30001.5 of the Coastal Act as it relates to access to and the conservation of coastal resources. 3. As conditioned below, the project will be in conformity with Section 30252(4) -of the Coastal Act as it relates to adequate parking. 4. As conditioned below, the proposed vroject is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act. 5. There are feasible alternatives, and feasible mitigation measures, as provided in the California Environmental Quality Act, available for imposition by this Conmission under the power granted to it which would substantially lessen any significant adverse impact that the development, as finally proposed may have on the environment. These alternatives or mitigation measures are addressed in the recommended conditions of approval. RECOMMENDATION: Approval With Conditions Conditions: Prior to issuance of permit applicant shall submit a signed and notarized statement agreeing to the following: 1. that the four inland most docks on the easterly section of the marina shall be open to the general public during the hours of opera- tion, and shall not be leased out, and that the availability of these to the general public shall be prominently posted; and 2. that ten of the 26 spaces of the appurtenant parking spaces shall be available for patrons or,lessors of the marina on a permit/valida- tion bas's. M. J. C penter Executive Director Information Contact DeWitt Pickens 95 ds -4- ITT NgAy A BKdOe MFR I M •k` _ �J STATIE OF-CALIFORNIIA E EDMUND G BROWN 1R., Go•ernor CALIFORNIA COASTAL COMMISSION SOUTH COAST REGIONAL COMMISSION 6" E. OCEAN BOULEVARD, SUITE 3107 P.O. Box '14" APPROVAL IN CONCEPT TONG BEACH. CALIFORNIA 90801 (213) SWWI (714) W-0648 APPROVAL IN CONCEPT BY THE .CITY/COUNTY' OF,cu,00,PT� as required for permit application to the California Coastal Commission, South Coast Region pursuant to California Administrative Code, Section 13052. Te COMPLETE Description of Proposed Development: � F�S -Ajyf, f ,e iaA&_w Property Address: 666 Ali W46,61 �l � Legal Description : ,),6/ 1-4 B.[k :37 7?,a ae 7- Zone: 'Zone: Cl Applicant (s) . 4tAj Zpgo D—otif z,// ee A4A,# IV Applicant's Mailing Address: Soy 'i�9, A4 5�T- Applicant's Telephone Number :;1 /Z- I`have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline, 2. The grading plan, if any, 3. The general uses and intensity of use proposed for each part of the area covered in the application, and find, They comply with the current adopted City or County General Plan, Zoning Ordinance, Subdivision Ordinance, and any applicable specific or precise plans, or That a variance or exception has been approved and is final. A copy of any variance, exception, conditional use permit, or other issued „ permit is attached together with all conditions of approval and all approved H plans including approved tentative tract maps.On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed, and dated. Should this City or County adopt an ordinance deleting, amending, or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project location thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act of 1970, and State and local guidelines adopted thereunder, this development:' Has been determined to be ministerial or categorically exempt. Has received a final Exemption Declaration for final Negative Declaration (copy attached). Has received a final Environmental. Impact Report (copy attached). This concept approval in no way excuses the applicant from complying with all applicablepolicies, ordinances, codes, and regulations of this City or County. THE APPROVAL IN ,CONCEPT STAMP MUST BE AFFIXED ON ALL SUBMITTED PLANS, THIS REQUIREMENT WILL BE IN ADDITION TO THE APPROVAL IN CONCEPT FORM THAT IS NOW REQUIRED. I hereby certify that all information contained in this approval in concept is correct and that all discretionary approvals legally required of this City or County, prior to issuance of a building permit have been given and are final. The development is not subject to rejection in prin- cipal by this City or County unless`a substantial change in it is proposed.' rR Planning Director By: \ C Ja Printed Name and Title of Individual Signing Date: i,, � l01 Attachments: 1. �`ti'l ct r t ✓� -�-- �,, %� 1° f � �'�ti'��,�. , ,c-/ � �, �i e (rr`-�"" 2. 3. 4. .May 17, 1979. OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 640-2156 Fun Zone Development Co. .c/o Mrs. Debbie Gray 407 Evening Star Ln, Newport Beach, CA 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. Si Bulkhead Line to the bayward permit line. The total square footage under your Harbor Permit, as calculated by the Marine Department, is as follows: x /eq A Y sq. ft. 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 March1 every year thereafter. The "Commercial 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 the balance will be deducted from the amended fees _due July 1, 1979. STATE OF CALIFORKIA—STATE LANDS COMMISSIOF EDMUND G. BROWN JR., Governor STATE LANDS COMMISSION - 1807 13TH STREET SACRAMENTO, CALIFORNIA 95814 ('916) 322-1219 f e April 27, 1979 new L 1 Fi e Ref.. PN C A 7 I�Y 3979 �-:- Ms. Debbie Gray C►tYmonager � ity Of Newport Beach 4.500 Campus Drive C Newport Beach, California 92660 Z, Dear Ms. Gray: The State Lands Commission's staff has received Department of the Army, Los Angeles District, Corps of Engineers Public Notice No. 79-75, dated April 13, 1979, relative to your application for a permit to remove existing deteriorated boat slips, ramp and pilings; construct and install thirteen (13) new boat slips with ramps and pilings; construct pier and sewage tank pump -out station; and dredge approximately 600 cubic yards of silty sand, Lots 1 through 6, Block B7, Tract Bayside, in Newport Bay, Pacific Ocean, City of Newport Beach, Orange County. This is to advise that the submerged lands over which your facilities will extend are sovereign lands of the State of California that have been granted in trust by the legislature to the.City of Newport Beach. Therefoye you need not apply to the State Lands Commission for project authorization. You should, however contact the City of Newport Beach for authorization of your project. This action does not constitute nor shall it be construed as a waiver of any right, title or interest by the State of California in any lands under its jurisdiction. srr,,i YcI..L� + {..Luffyours, P JUDY L'EWANDO SKI Public Notice Coordinator cc:, Resources Agency Attn: L. Frank Goodson Projects Coordinator Fun Zone Development Company 309 Palm Balboa, CA 92661 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES.. CALIFORNIA 90053 SPLCO-N 11 January 1979 Mrs. V. L. "Debbie" Gray 407 Evening Star Lane Newport Beach, California 92660 Dear Mrs. Gray: Y,,:,ur pennir application on behalf of Fun Zone Development Co, to remove docks, install. _;�n_&'wdcck�-Pier, um-) -out station; died e at '600 E. ;E.dgewater, 'in Newport at=6d, T.10 � rraa.r- - 1979 'has been assigned number 79-75 Please Bay r-e�:er to i. num. ner in future contact with our office`. ',,Ie estimare that the processing time for your application will be a minimum of 60 days Any work done in navigable waters before permit issuance is prohibited by law and may subject the parties involved to possible civil and criminal legal action. To, process your application, the information designated on the attached Check List is required. If you have any question or wish to bring to our attention special circum- stances ,justifying expedited processing, please call our Navigation Branch at (213) 688-5606, before 4:00 p.m. Sincerely yours, 1 Incl(s) R.P. YOUNG, .E. Chief, Cons ruction- Operations Division p �}• p t e FZ z . 7 LA FL 507 Dec '76 i -o: Daie act ivity,is proposed to co Date activity is expected to be 11. Is any ,portion of the activity fc if answer is "Yes" give reasor pence. xnpleted` v which authorization is sought now complete? YES NO in the remark section. Month and year the activity was completed Indicate the existing work on the drawings. , ., Page 2 05 2 Zl. The South Coast Co=rm ion finds that: 1. The State bands Commission has determined that the proposed project lies within public trust lands, which have been granted to the City of Newport Peach under the applicable provisions of the Statutes of 1919, 1927, and 1929. 2. As conditioned below, the project will be in conformity with Section 30001.5 of the Coastal Act as it relates to access to and the conservation of coastal resources 3. As conditioned below, the project will be in conformity with Section 30252(4) of the Coastal Act as it relates to adequate parking. 4. As conditioned below, the proposed project is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act. 5. There are feasible alternatives, and feasible mitigation measures, as provided in the California Environmental Quality Act, available for im- position by this Commission under the power granted to it which would substantially lessen any significant adverse impact that the development, as finally proposed may have on the environment. These alternatives or mitigation measures are addressed in the recommended conditions of approval. III. Whereas, at a public hearing, held on March 5, 1979 Huntington Peach by a number P-79-4657 at 9 - 0 to 1 vote permit application is approved. IV. This permit may not be assigned to another person except as provided in Section 13170, Coastal Commission Rules and Regulations. V. This permit shall not become effective until a COPY of this permit has been returned to the Regional Commission, upon which copy 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. Mork authorized by this permit must commence within two years from the date of the Regional Commission vote upon the application. Any extension of time of said commencement date must be applied for prior to expiration of the permit. VII. Issued on behalf of the South Coast Regional Co=ission on I, ?March 27. 1 , 197 _9 . M. J. arpe er Executive Director , permittee/agent, hereby acknowledge receipt of Permit Number P-79-4657 contents. (date) and have accepted its (signature) cw STA:r,t' V,',CA'.1FOItNIA s CALIFORNIA COASTAL COMMISSION ' SOUTH COAST REGIONAL COMMISSION dp �', 666 E. OCEAN BOULEVARD, SUITE 3107 February 15, 1979 P.O. BOX 1450 LONG BEACH, CALIFORNIA 90801 (213) 5905071 (714) 846.0648 To. From: Commissioners Executive Director Subject: Staff Summary and Recommendations Application No.: P-1-11-79-4657 Attachments: 1. Site Location Map 2. 3. 4. 5. 6. 1. Administrative Action: The application has been reviewed and is complete. The 42 -day hearing period expires Public Hearing is scheduled for 3-5-79 Continuations, (if any) were granted as follows: a. b. C. 2. Applicant: Fun Zone Development C ,)p scant s full name 309 Palm Address Newport Beach, CA 92661 L L Lephone number 646-6403 hm Or V. L. Gray (_714) 556-1711 wk Representative's name Telephone number 407 Evening Star Lane Address Newport Beach, CA 92661 3. Project Location: (a) City or District Newport Beach (b) County Orange (c) Street Address 600 East Edgewater (d) Area is Zoned Commercial 6-16-77 MARINE DEPARTMENT November 13, 1978 ITEM NO.: H-11 (a9 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION #112-600 BY FUN ZONE DEVELOPMENT COMPANY TO CONSTRUCT NEW MARINA AT 600 E. EDGEWATER AVENUE Recommendation If desired, approve the application subject to: 1. Restrooms be provided in accordance with Section 19 of the Harbor Permit Policies. 2. 17 Parking spaces be provided in accordance with Section 17 of the Harbor Permit Policies. - 3. Signs indicating the parking lot is reserved for the marina shall be installed to the satisfaction of the Traffic Engineer. 4. Storage lockers and boat boxes installed on the pier shall conform to Section 26 of the Harbor Permit Policies. 5. The handrail constructed on the pier and adjacent bulkhead shall conform to the detail shown on working drawings dated October 9, 1978 submitted to the Marine Department. 6. Any dredging performed shall conform to the working drawings dated October 9, 1978 and shall be certified by the dredging contractor as to compliance. 7. The permittee shall maintain the bottom. profile in accordance with the working drawing and shall immediately restore the bottom to the profile shown on the working drawings should the bottoms be altered. 8. That mooring area at the easterly end of the landward herringbone slips adjacent to the 28' x 38' pier shall be reserved exclusively for skiffs, dingys, etc. 9. All electrical, plumbing and fire equipment installed shall comply with Section 18 of the Harbor Permit Policies. 10. Prior to beginning construction, working drawings shall be submitted to the Marine Department showing the location of piling for the pier and their relationship to the existing water line. 11. Liveaboards shall be prohibited. Discussion This application is being brought to the Council for review and action in compliance with Section 5C3 and Section 23D of the Harbor Permit Policies which reads as follows: _PAGE TWO APPLICANT: FUN ZONE DEVELOPMENT COMPANY 5C3. "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." 23D. "U. S. Bulkhead Sta. No. 112 to No. 113 - Piers will be permitted to extend out to the U. S. Pierhead Line. Commercial piers between "A" Street and Adams Street will be subject to special permits approved by City Council." The applicant, Fun Zone Development Company, is requesting approval to remove an existing deteriorated marina and construct a new marina at 600 Edgewater Avenue which is within the area between "A"Street and Adams Street. The proposed marina will extend beyond the U. S. Pierhead Line,.therefore approval of this application will constitute an exception to Section 23D of the Harbor Permit Policies. The marina to the east of the project site (the Pavilion) currently extends to the U. S. Project Line. To the west, the Balboa Ferry does not extend to the U. S. Project Line, however, the next westerly marinas (Valiely's and Art's Landing) do extend to the U. S. Project tine. A 12" cast iron water line crosses the Bay at the easterly end of the subject property. The applicant has surveyed this water line and determined its location and depth. The proposed 28' x 38' pier does not conform to the Standard Drawings for commercial piers. As there is a need to protect the landward end of the water line from future dredging or additional development, the Public Works and Utilities Departments feel the larger pier would aid in protecting the water line. The marina configuration bayward of the pier has also been reviewed by the Public Works Department and approved as providing adequate protection for the water line, On October 19, the Planning Commission, at their Study Session, heard a presentation by the applicant regarding future plans for the Fun Zone area. The Commission; did express some reservation about the use and intensity of the upland portion .of the applicant's proposals, however, the marina and offsite parking for the marina were considered acceptable by the Commission. The applicant has requested approval of the use of an offsite parking lot for this marina. This request has been reviewed by the Community Development Department, .the Traffic Division of Public Works Department, and the Marine Department. Each of these departments have indicated that the proposed lot would be satisfactory and would comply with City criteria. This lot is located in the block between Palm Street and Adams Street. The requirement for parking spaces was determined by assuming two mooring spaces for each of the bayward 25' x 35' slips and one mooring space each for the herringbone 18' x 17' slips. The total of 23 mooring spaces times .75'parking space for each mooring space equals 17 parking spaces required. These assumptions were made based on the applicants stated intent to use a portion of the marina for yacht brokerage storage of tourist rental vessels and slip space for two vessels . belonging to the applicants. The applicant has been advised that should the yacht PAGE THREE APPLICANT: FUN ZONE DEVELOPMENT COMPANY broker relocate, or the tourist vessels be removed, the Marine Department would review the parking requirements and additional parking spaces may have to be provided. Restrooms for the marina will. be provided onsite in the adjacent Arcade area. Because the structures on the Fun Zone site are constructed over existing lot lines, the applicant will be -required to combine the lots which make up the Fun Zone site into a single parcel if the remodel and upgrading of the restrooms exceeds $5,000 in anyone year period. This would require an approval from the Planning Commission. DAVID HARSHBARGER, DIRECTOR MARINE DEPARTMENT Glen AW, -den Tidelands Administrator GEW:11 A ��C� s ` 00 H E Am w • �\ lIV '7it -7i0 ` it —_047 NIM .vtw�ew/ 4'` 004 TLi •wt®oa H fl II 1) ZAL cv /scwnrp �Y/YT 'qj BOTTOM .o e .q r 3LK`D G7»C� L/NG PILL- J 9 C'� _ � 74 DEs �e,( /71= VIC) /SKE�. eeiur �ErTp gasp Il it�+ e 4 PJ 3 's Jerry PJEwoorrr DAY, CAL esoanua Y= � SOUr�d�n95 oie ar/�ressed in feet oisd dsnofe Lowe G o w Wo fer. wloxnssu n ran�� of fide Opprozirno-le/Y !O Pref Hor6or /�;�t5 ®re es/ob/r'Shad in �h:5 , sCcfson ®f'sdco✓porf Lf i x All OF 0 35-33' 35.3' 35.33' 3s:33`S33i 3,�3' ST OOtY1 a ro 20 30 5o oc So I , 701W� I� FLOP"Z- r !37 .eA-cr��'srt� j L/cA,vTs - .s .✓ae ,gD,��ss z i�M. ;cx ,�", a � �� M, � . � �,« ' "`„�� .:air•.. ,� '��"°" " FG r� m � ^y^ err a ,, # 4 +�: �'�_; yo-✓... �. �... November 8, 1978 City of Newport Beach 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. §1-ncerely, V.L. "Debbie" Gray DG/bc 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. Si erely, V.L. "Debbie" ay DG/bc STATE OF CALIFORNIA--RESOURCES AGENCY ` EDMUND G. BROWN JR., Gor*rnor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD- r1a SANTA ANA REGION 6833 INDIANA AVENUE, SUITE 1 `sem RIVERSIDE, CALIFORNIA 92506 PHONE: (714) 684-9330 December 14, 1978 V. L. Debbie Gray Fun Zone Development Company 600 East Edgewater Newport Beach, CA 92661 Dear Mrs.. Gray: Based on the submittal of a no overnight occupancy statement, the proposal to install a pumpout'station and standard construction , practices, we believe the proposed revisions to the existing marina will not materially affect water quality and clearance is provided. Sincerely, ohn.M. Zasadzinski Senior Engineer JMZ/cl N a w `` .00 40 Ex, Ov nc� *' FLOAT CAMAW so aa.R Zo' VICINITY SKETCH SOW 'efty aay..wsrr eso►�, C^&.A.owwn ® .er... �. 5eAz- t ¢ p ' Sarr�sdN s arm o r flws...e av lwrl ou�.d olnrs®liar "' F algollx! DeAory Meaw loswr low hbllw►'. A9lrsxiovtars .ar y. sl limy oP�-or:.ao/,.rr /® ^wt. AriAw- b:la s Gr10 ®slob/isllod en tA✓b Sado an d' Alf wprt Qax. ,V"'- 7 CA Pre - 50 1-4 P ;J S. /�?�,�Litri,o►, y IC �� fir cs�pd (� 35,33t.[4 DAT Qi4Y �'7 A —1095 CITY OF NEWPORT BEACH MARINE DEPARTMENT PLAN REVIEW REQUEST 0 UNITY DEVELOPMENT DEPT. PUBLIC WORKS DEPARTMENT ED FIRE DEPARTMENT = PARKS & RECREATION CI POLICE DEPARTMENT C3 GENERAL SERVICES APPLICATION OF FOR A HARBOR PERMIT COMM'L ACTIVITIES HARBOR PERMIT TO Date 7 ATTACHED(PLEASE RETURN) PLANS ON FILE WITH MARINE DEPT. BAYWARD OF LOT' BLOCK TRACT REPORT REQUESTED BY. , JOINT HARBOR COMMITTEE REVIEW COUNCIL REVIEW COMMENTS C I . WA -r WA-rTZ. '... �I .. a .:. _. �. ., .. __ - , .. ,. 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 being 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. Q reply as to receipt of our letter is requested along with what you intend to do about the violations. Very truly yours, CITY OF NEWPORT BEACH June 2, 1980 TO: Dave Harshbarger, Marine Services Director FROM: Jim Hewicker, Planning Director SUBJECT: Harbor Permit No. 112-507 Harbor Permit No. 112-604 Coastal Permit No. P-79-4657 of the Fun Zone Development Company I am forwarding for your follow - up and response a copy of a letter and a petition containing twenty-four signatures alleging certain violations of the permits noted above. This information was originally forwarded to me by Gene Cich, the Acting Building Official. It would appear to me that your Department would be the one more able to respond. ANS D. HEW CKER la ning Director JDH/kk Attachment xc: Mrs. Ralph Gray, 407 Evening Star Lane, Newport Beach Mr. F. R. Werner, P.O.Box 802, Balboa, California 92661 �:. l' ,, . ...� .._ _, _ _r e ,. 1` ,; ,, August 13, 1979 ITEM NO. H-15 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION NUMBER 112-604 FOR MAINTENANCE DREDGING Recommendations If desired, approve the maintenance dredging application. Discussion This 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 location and applicant for the proposed dredging. 112-604 Fun Zone Development Co. 600 Edgewater The Staff has reviewed the project and has determined that the work will be done within the parameters of the Corps of Engineers permit. The dredging contractor will dispose of the dredged` material at sea at the Environmental Protection Agency's designated disposal site. D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT Glen E. Welden . Tidelands Administrator GEW:mw Y PERMIT NO. za—o/- 1 DREDGING APPLICATION Project Location: 600 E. Edgewater Ave. Cubic Yards to be Dredged: 200 Method of Dredging: Hydraulic Nature of`- Dredged Material: Sand Disposition of Dredged Material: Disposal at sea at EPA Disposal Site Method of Material Disposition Barge to sea Turbidity Control Method: Effect of dredging on contiguous bulkheading and beaches 'No effect City inspector will be on site during dredging I, Bill 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. V.L.Debbie Gray Vun. Zone Develope Co. (Applicant -type name 6 August 1979 (Date) Shellmaker, Inc Contractor -type name) Signed: Cont ibto Representative 4®� U � Z C'IF9l O RNP August 13, 1979 CITY OF NEWPORT BEACH Receipt: City Dredging Permit # 112-604 Mrs. Debbie Gray paid the Marine Department, Glen E. Welden $75.00 for the above reference permit on August 6, 1979. f D. Harshbarger, Director Marine Department DH:nn City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 I Application Number: Name of Applicant P-79-4657 Fun Zone Development Company 309 Palm. Newport Beach. CA 92661 Permit Type: ❑ Emergency ❑X Standard ❑ Administrative Development Location: 600 East Edgewater, Newport Beach, CA Development Description: Demolition of existing deteriorated docks and pier, construction of 15 new docks and a pier. The project also includes dredging parking area, and the renovation of public sanitary facilities. The proposed project is one phase of a complete renovation of the Fun Zone_ Amusement Park and Marina. The remaining phases of the total project are not a part of this application. I. The proposed development is subject to the following conditions imposed pursuant to the California Coastal Act of 1976: Prior to issuance of permit, applicant shall submit a signed and notarized statement aRreeina to the following; 1. 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 s}'al l not be leased out, and that the availability of these to the general public shall be prominently -posted: and 2. that ten of the 26 spaces of the appurtenant parking spaces shall be available for patrons or lessors of the Toa ipa on a parTri ,/val i da`i nn, Conditio:i/s Met On a dp Page 1 of 2 - f S?AT€ OF �-A :r7RNIA / EDMUND G BRAWN 1R . a-s.r a• CALIFORNIA COASTAL COMMISSION SOUTH COAST REGIONAL COMMISSION � I L Y ; 606 E. OCEAN BOULEVARD, SUITE 3167 P.O. SOX IA50 LONG &EACH, CALIFORNIA W*D1 COASTAL DEVELOPMENT PERMIT P13> 5MS071 (716) &s6-D"S Application Number: Name of Applicant P-79-4657 Fun Zone Development Company 309 Palm. Newport Beach. CA 92661 Permit Type: ❑ Emergency ❑X Standard ❑ Administrative Development Location: 600 East Edgewater, Newport Beach, CA Development Description: Demolition of existing deteriorated docks and pier, construction of 15 new docks and a pier. The project also includes dredging parking area, and the renovation of public sanitary facilities. The proposed project is one phase of a complete renovation of the Fun Zone_ Amusement Park and Marina. The remaining phases of the total project are not a part of this application. I. The proposed development is subject to the following conditions imposed pursuant to the California Coastal Act of 1976: Prior to issuance of permit, applicant shall submit a signed and notarized statement aRreeina to the following; 1. 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 s}'al l not be leased out, and that the availability of these to the general public shall be prominently -posted: and 2. that ten of the 26 spaces of the appurtenant parking spaces shall be available for patrons or lessors of the Toa ipa on a parTri ,/val i da`i nn, Conditio:i/s Met On a dp Page 1 of 2 n SiFeU�i ....... PL:h&ab4Si4r.1 oS K:»£.�'d tri?.~:�;�"•�� iL� �L1G�.1?ast3 ....... _.._-.-•--....._.. PI.R.e"�T.:4P� it4E FACS.n.{ ca• G a Tf? ; •V i st vi pi%C3P. L C41 f(` ED SHEET AT T"C Gi :: t:;4 :S�i s t Q �. a !�3 2 aj acl��+t ai:ritiy Ei1 .111 ti.t F Sr. ANY TFi: L:�1 c _ :i.;.i:. TE �.rYtirr'�p 4 r.r as yq�g.p^ a: C)ia• /t:4C ei'!L 4Fa ''r`wiL �L's�B• sv �5iZ _W5."z�B 40 r-07 ACC0rDANck: wiTP1i i':1:o� :7 4: �Itta 1'+ V+�ii.r°x1:. i.K:Dr-' 6-2-7-79 11L -x,04 € A T E 1. Restrooms be provided in accordance with Section 19 of the Harbor Permit Policies. 2. 17 Parking spaces be provided in accordance with Section 17 of the Harbor Permit Policies. 3. Signs indicating the parking lot is reserved for the marina shall be installed to the satisfaction of the Traffic Engineer. 4. Storage lockers and boat boxes installed on the pier shall conform to Section 26 of the Harbor Permit Policies. 5. The handrail constructed on the pier and adjacent bulkhead shall conform to the detail shown on working drawings dated October 9, 1978 submitted to the Marine Dept. 6. Any dredging performed shall conform to the working drawings dated October 9, 1978, and shall be certified by the dredging contractor as to compliance. 7. The permittee shall maintain the bottom profile in accordance with the working drawing and shall immediately restore the bottom to the profile shown on the work- ing drawings should the bottom be altered. 8. That mooring area at the easterly end of the landward herringbone slips adjacent to the 28' x 38° pier shall be reserved exclusively for skiffs, dingys, etc. 9. All electrical plumbing and fire equipment installed shall comply with Section 18 of the Harbor Permit Policies. 10. Prior to beginning construction, working drawings shall be submitted to the Marine Department showing the location of piling for the pier and their relationship to the existing water line. ti 11. Liveaboards shall be prohibited. CITY OF,,,NIFEWPORT V'-#" HARBOR PERMIT pr6N#A1sSI0iW 4S KVM37 Co'�-STRVCT tAAJNTAIN VIE FACM_iy AT THE SIT -4 ti4ftMz1>, T.41 ANY SPUC-14". TH-Z RIG B t-vE, ?I AND TI�IZ 114 ACCORDANCE WiTN I' T' L A17 C Clf;:Y- HA F130—R -6-6-ORDINATOR 11,9 -Loq mix NO. CONKSURC,TION PERMIT DATE....... �' .......... �2 ............ SEE ATT T?S E C 6V� ET Corps of EnalAmors Parma 6 Qrwme County Perink other% 6--2-7-79 CC' 1. Restrooms be provided in accordance with Section 19 of Harbor Permit Policies. AY111,6 e e- x ,, -47 2. Parking spaces be provided in accordance with Section 17 of the Harbor Pe I rmit /Policies. 3. Signs indicating the parking lot is reserved for the marina shall be installed to the satisfaction of the Traffic Engineer. 4. Storage lockers and boat boxes installed on the pier shall conform to Section 26 of the Harbor Permit Policies. 5. The handrai] constructed on the pier and adjacent bulkhead shall.conform to the detail shown on dated _0 c tober'9, 1978 submitted to theMarine Dept. 6. Any dredging performed shall conform to the working drawings dated October 9, 1978, and shall be certified bythe dredging .contractor as to compliance. 7. The permittee shall maintain the ' bottom profile in accordance with the working drawing and shall immediately restore the.,-b.ottom to the profile shown on the work- ing drawings should the bottom be altered. 8. That mooring area at the easterly end of the landward herringbone slips adjacent to the 28' x 38' pier shall be reserved exclusively for skiffs, dingys, etc. 9. All electrical plumbing and fire equipment installed shall comply with Section 18 of the Harbor Permit Policies. 10. Prior to beginning construction, working drawings shall be submitted to the Marine Department showing the location of piling for the pier and their -relationship to the existing water line. 11. Liveaboards shall be prohibited. DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, COR'PSAOVENGINEERS` P. O. BOX 27.1 1 LOS ANGELES, CALIFORNIA 90053 w �SPLCO-N 1 August 1979 ; " i w s t v ah.. Debbie Gray Fua 7v 'Development Company (Partiiershipj 3f39 Palm. �x {. �albaa, Qj7.ifornia 92661 ` mow^ reavest of 10. January 1979 t79 �E min 9275#, \zd} L my action;.and,,' kz abate f this not ce, information juLtamm ifter ;11 ', ': — 7 � � y period, n in ndjtio' rms. and omplefe Or n, institUtei. N D,EPAR T O Ift!94 We are pleased to send you the inclosed material which you have requested from us BOB ATKINS NAVIGATION BRANCH 213-688-5606 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P,O. BOX 2711 LOS ANGELES, CALIFORNIA 90053 SPL FORM 593 1 OCT 73 1 "Tuly 17' PL L, FOR- - VIGA IO BRANCH VIMS SUE-JEs 'I I Ne"� ort ae o Thursday, 28 ,lune. 1979, 7�- (Fun zoneDevelopment concerning Application tom. 77-°1.60 (Der is�€�res amity Association)- zl ice. 1. The person el. in attendanee, concerning APPlication wo, 79-75, were as follows fp r4 7r`�ZFkF si�".4#4ib W4+�+ 9� y� j Y4 ,{. �yM �y�, �3. �y g��e +� �q , 4!� Engineers, Eix.�Army .YnL 4FR $�wiAXiun`�i�s,� lii &.yls.,L�:.']fiK .�S: 4II��'�F Rai ati n Branch I r.r. a Spins jj y Crps ofEngineers,, Army Corps of Engineers, Environmental fir'. �s Bellmer Planning Section lua Taylor ,army Corps of Engineers,- nir�ental -�It Section ion Agency (ETA) Quality rota Oris Vail national oxine Fisheries Service F Mr. Bob Soffman VS Fish and wildlife Service (FWD VIX John Cooper bie Gray Fun one Development Company Mr . Mr. al Grafi' Fun Zone Development Company Al Seuall Funn zone DeveloMelat Cagan 3 y� Zone omelet p. CaliforniaInstitute of Technology Wheeler art Dr.. Glen Weldon city f rt leach M en Melm, city of Newport Reach Ancil. an V t the City of FAt Jackie Heather Beach: and a member of the California Coast:al. commission r Carlon Craig California Coal tal Comm Coastal COMIssion 1 . R. Pickens Californiacalifornia Gillis and Derby Steve Barrett Steve t of Orar, e (ar rs aster' �e Mr* Sam Kniss v&x. Fred MC ran, Tra t* In Brothers . The meeting as called together by Ix. Weldon at 1045 hour. er isc .ss& tie, *, letter f 7 June 1979 sept to the s . x lire. Cray, c0uceruiug the possibility of walvering the bio-assay on ie stated that one a is that the area e a high energy area, if the area is, in fact, a high porpo of the meeting was toetermine energy area. VX0 Weldon stated that the City of Nevport would include the POPI zone In their maintenauce dredging blanket Pa is The Bredug will be spread out for a 3—year period, not to exceed 200 cubic yards per year. This was agreed on by the vhole group. 110 ycs, Gray said that she would se -ad. a letter to the Corps of Engineers deleting the dredging frm her original application - 12, Tu regard to the eel grass problem* the APPlicaut, AM, FWSI anal the Corps of Ingineers (Rays Bellmer) will get t I ogether and vork out J. the speew conditions for the Permit - 2 SPLCO-es is July 1979 concerning Application NO.79-75 Mn 7,one :r . !> C�mpany) and No. 77-160 (Dover Shores commaity Association)* be some difficulty in determining that the pun -Zone: therefore,* a bioassay will be up-eded if the dr-l-ed,material Is going to be dumped offshore under an Individual permit. BDwmert a bioassay would not be reqdred for offshore dumpirg if the dredged material is handled ut-der the conditions specified in the general permit fOt the City of Nevaport. The eelgrass problem ran be resolved by spe I cial, conditions ! a. a permit to the applicant,* 14, The meeting adjourned at 1130 hour. Beach15. The meeting on North Star Shores) comenced at 1200 hour. 16, The personael in attendance,, comerning Application r,,o* 77-160s, were as ! ... 1 3 / ! Et ! a 3 / CITY OF NEWPORT BEACH MARINE DEPARTMENT July 10, 1979 TO: FILE #. 112-604 FROM: Tidelands Administrator SUBJECT: TRASNPLANTING OF EEL GRASS Al Sennell of Fun Zone Development Co. telephoned and stated that he had obtained approval to transplant eel grass from the Fun Zone Marina to County Tidelands at Carnation Cove. This approval was given by: Larry Leaman - OCEMA Bob Burke - OCEMA, Permit Branch Kirk Briton - OC H,B,&P Dist Parks Superintendant Therefore, the eel grass will be transplanted on June 11, 1979, at 5:30 4%..m. The work will be accomplished by NOAA, BSFW, C , and Fun Zone Development Company personnel. el.en. Welden Tidelands Administrator GEW:mw iel a Now 1 �%not` J T PR Q F!G ro .�� ,a�spa,ts SGA � 3Ci ./ � VICINITY SKETCH OR 7 I j�'ETfi/N/N6 wF71.� Iii I � f + I I I I 41 ^, � 319 Ys D.E TRAc T 41 TPI Ngoni PR OP osrp coac. gy1.'fw"cRq � Sru� C'OnlTRF7C74R C. -I A/. /YEWI-OR-r .BRY SO " NEl.�,oDR T BEACf� � CAL /F' -/i I�J-417-6-7. . u, S. 1wA7 4 ,eAwX D G. PO CITY OF NEWPORT BEACH C9CI FpFi�•P . July 6, 1979 Mr. Richard Robison Division of Environmental Health P.O. Box 355 Santa Ana, CA 92707 Dear Mr. Robison-, I have been asked by Mrs. Ralph Gray to state the City's position regarding the use of rest - rooms at the Fun Zone Marina at 616 E. Bay Avenue. As long as the restrooms required for the marina are available at all times to marina tenants, the Marine Department has no objections to the use of these facilities by Mrs. Gray's tenants on the upland property. If you have any questions, please call me at 640-2156. Sincerely, C -G9nEl den ;�� Tidelands Administrator GEW:mw City Hall 3300 Newport Boulevard, Newport Beach, California 92663 ap SPLCO-N DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES, CALIFORNIA 90053 Mrs. N. L. Debbie Gray 407 Evening Star Lane Newport Beach, California 92660 Dear Mrs. Gray: Reference is made to the following: 7 June 1979 a. Your permit application, No. 79-75, Fun Zone Development Co. (Partnership), Orange County, California. b. Meeting of 24 May 1979 at the Los Angeles District office, concerning your permit application; the following members, in addition to yourself, were in attendance: 1. U. S. Army Corps of Engineers, Los Angeles District: a. Mr. Donald G. Spencer, Navigation Branch b. Mr. Russell J. Bellmer, Environmental. Branch c. Mr. Fred Bills, Environmental Branch d. M s, Inda Taylor, Environmental Branch 2. U. S. Department of Interior, Fish and Wildlife Service (FWS) - Mr. John Cooper. 3. National Oceanic and Atmospheric Association (NOAA), National Marine Fisheries Service (NMFS) - Mr. Bob Hoffman. c. Telephone conversation of 25 May 1979 between yourself and Mr. Donald G. Spencer, concerning the present status of your permit application. This letter is to confirm what was discussed in the.meeting in refexenca b and to provide you with information on your permit application status., SPLCO-N 7 June 1979 Mrs. N. L. Debbie Gray The primary purpose of the meeting was to discuss the potential eelgrass destruction that would result from dredging the proposed berthing area. Other matters discussed were the requirement to make a bioassay of dredged material to be dumped in an offshore disposal area and the possi- bility of selecting a landside disposal area. These items are discussed in more detail in the subsequent paragraphs. A preliminary estimate of the eelgrass area is about 200 square feet as determined by Messrs. Bob Hoffman (NMFS) and Jack Fancher (FWS). A final estimate will be required prior to dredging. The NMFS has recommended that the applicant replant the eelgrass in another location so that it is not destroyed during the proposed dredging. Our general policy is to issue a permit only after all problems have been resolved between the applicant and the person or agencies having adverse comments on the proposed action. It will be your responsibility to replant the eelgrass prior to dredging. The key Federal and State agencies that comment on proposed actions in the coastal zone are listed as follows: a. Department of Interior, Fish and Wildlife Service. b. Department of Commerce, National Marine Fisheries Service. c. Environmental Protection Agency. d. Department of Transportation, U. S. Coast Guard. e. State Resources Agency. f. State Department of Fish and Game. g. State Regional Water Quality Control Board. h. State Regional Coastal Zone Conservation Commission. In addition to the above agencies, comments from the local county and city agencies will be considered before issuing a permit. According to Section 103 of Public Law 92-532 (Marine Protection, Research, and Sanctuaries Act of 1972) any proposed dumping of dredged material into ocean waters must be evaluated through the use of criteria published by the Environmental Protection Agency (EPA) in the Federal Register, Vol. 42, No. 7, Tuesday, 11 January 1977. A bioassay (including detailed testing of the liquid, suspended particulate, and solid phases) of the dredged material proposed for ocean dumping is required when the material does not meet the following criteria: 2 SPLCO-N 7 June 1979 Mrs. N. L. Debbie Gray a. The dredged material is composed predominantly of sand, gravel, rock, or any other naturally occurring bottom material with particle sizes larger than silt,and the material is found in areas of high current or wave energy such as streams with large bed loads or coastal areas with shifting bars and channels; or b. The dredged material is for beach nourishment or restoration and is composed predominantly of sand, gravel, or shell with particle sizes compatible with material on the receiving beaches; or c. When: 1. The material proposed for dumping is substantially the same as the substrate at the proposed disposal site; and 2. The site from which the material proposed for dumping is to be taken is far removed from known existing and historical sources of pollution so as to provide reasonable assurance that such material has not been contaminated by such pollution. Another requirement for ocean dumping is that there are no landside disposal sites availabl:e.and that landside disposal is uneconomical. We feel that the proposed dredge material (No. 79-75) may meet the criteria in subpara.graph4e above and may be acceptable for ocean dumping without further testing. The reason for not requiring a bioassay was not given in the public notice No. 79-75, dated 13 April 1979; therefore, an ammended public notice for public review and comment will have to be prepared. It must be stated in the notice that landside disposal has been investigated by the applicant and is not feasible. A landside disposal site located above Mean High Water would preclude the need for an ammended public notice and would expedite the processing of your permit. Inclosed are public notice comments from the National Marine Fisheries Service (incl. 1) and the Environmental Protection Agency (incl. 2). If there are any further questions, please contact Mr. Donald. G. Spencer of my staff at (213) 688-5607. Sincerely yours, 2 Incl R. P. YOUNG, P.E. As stated tChief, Construction - Operations Division 3 DEPA,RiMENt OF THE ARMY LOS ANGELES DISTRICT, CORPS Or ENGINEERS P. 0.BOX 2711 LOS ANGELES. CALIFORNIA 90053; Public Notice No. 79-75 13 April 1979 Date Comments Due: 30 April 1979 YOU ARE INVITED TO COMMENT ON THIS APPLICATION FORA PERMIT APPLICANT: •Fun Zone Development Company (Partnership) 309 Palm Balboa, California 92661 APPLICANT'S AGENT: Debbie Gray (714) 556-1711 ACTIVITY: Under Section 10 of the River and Harbor Act of 1899 and under Section 103 of the Marine Protection, Research and Sanctuaries Act, to remove existing deteriorated boat slips, ramp and piling; construct and install thirteen (13) new boat slips with ramps and piling; construct pier and sewage tank pump -out station; and dredge approximately 600 cubic yards of silty sand, using a hydraulic suction dredge at 600 E. Edgewater, Lots 1 through 6, Block B7, Tract Bayside, in Newport Bay, Pacific Ocean, City of Newport Beach, Orange County, California, as shown on the attached drawings. C The dredged material will be barged and bottom -dumped at.approved Environmental Protection -Agency (EPA) disposal site LA -3, New 9ort Beach, 250 fathoms, within a 1,000 -yard radius of Latitude 33 31'42:'" North, Longitude 117054'48" West. The evaluation of the impact on the , public interest of this activity will include application of the national guidelines promulgated by the Environmental Protection Agency contained in Ocean Dumping, Final Revision of Regulations and. Criteria, Federal Register of 11 January 1977, p. 2462 (40.Code of Federal Regulations 220). PURPOSE AND USE: To provide adequate boat docking facilities for the boating public, and maintain an adequate depth for boats operating within the area. FEDERAL, STATE AND LOCAL AUTHORIZATIONS: Approvals have been received from the City of Newport Beach and the Water Quality Control Board - Santa Ana Region. Approval will also be required.from'the California Coastal ,Commission, prior to issuing the permit'. SPLCO-N Fun Zone Development Company (Partnership) Public Notice No. 79-75 13 April 1979 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 Registry of Natural Landmarks. Anyone having knowledge of archaeological, scientific, prehistoric or historic materials in the immediate area should contact this office during the comment period. The permit (if issued) will include a condition that if potentially significant findings are made during construction, work shall be suspended immediately. The.findings shall be reviewed and appropriate action will be taken. ENVIRONMENTAL IMPACT: A Preliminary Environmental Assessment of the proposed action has determined that some adverse environmental effects would result from the project. Removal of the existing docks and piling would eliminate the mature float community attached to the structures.' Installation of 12 pilings for the proposed pier would permanently eliminate benthic flora and fauna directly beneath the piling. Dredging 600 c.y. of sandy material would eliminate the existing benthic communities at the dredging site. Colonization of the new piling and recolonization of the dredged area by marine organisms should begin shortly after project completion. Construction and dredging activities would create temporary turbid conditions and increased noise levels in the project area. Physical analysis of sediments to be dredged show material to be predominantly sand and compatible with material at the proposed ocean disposal site. The dredging site.is located in lower, Newport Bay in an area of good circulation, and historically sediments have been of good quality. The new dock facility is required to replace existing deteriorate docks. Dredging is required for navigation safety within the renovated marina. The preliminary assessment concludes that no significant impacts upon the human environment would occur; therefore, at this time, an Environmental Impact Statement does not appear necessary. PUBLIC 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 fifteen (15) calendar 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 written comments or objections should include the number and date of this notice and must reach this office within fifteen (15 ) 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 utilization of important resources. The benefit which 2 SPLCO4 Public Notice No. 79-75 Fun Zone Development Company (Partnership) 13 April 1979 reasonably may be expected to accrue from the activity must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the activity will be considered; among those are conservation, economics, aesthetics, general environmental concerns, historic values, fish and wildlife 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. 6 LE. KEYS Lieutenant Colonel, CE Acting District Engineer 3 a 2` 70 \..,� H v t'. J< Vim+ � ` /—� C• ,I N r 1� It �7<�� 11T - R Q Ii➢� wa...i.ar o4�'.®t `M n' a�c6o.r D � -IT- BLK' •-G�Pl:DL;ELWG f•7LL � � c�.� '�e 4 r _. _ PK P/t t// /Z w p.%w* p +p'y 4 t� .. V 1e i. 1 M i 1 9 V k E T C H wa1< if7Tr I; C� fli/ Newrowr �.�y Cqj 1iORH/A Yr i SO4/nd11795 ova �<rpiess�d ,n reed and oi..ole drpll,a b'C/Ow, MCOr7 Lo.vei Lo.✓ Wofer. Ma,r<.,,c,.., ranyt of 1id� 4P/�wx<.nofe�y /D ,reef Noibo.- .:nes Ore eaioblr'ghes i i ,//.<3 secf<o., o{NewPo.f Bor. l,,oit%1-'/rte-"') , � _-. '_— (l•S P�'riJEC'L//1/�=' EX /.ST. DDC/ls' � � ' � - -� III + •i��Ck'S) � , g. yi4l/,/G 1 I 1 j PU.�P-OUT ST/�T/On! N TZ R I q I Q,4 YS/DL TiPi'�CT I i �. 4• j/7 PARIKiNG ( `a / BL4 Ch' &7SP.�ES 35.33' 35.33' I 33".33' 35.33' 3S•33�/j 35- S? Q Joe L i CAA -1 r s felts 7,rAI D� �F� opi���T CO • C 41 r 1-6 s r- x, 97 7�,� CrS>4Y.- -�o ® reWZ17 974/ A amee s5 Co,sirrwAc rc a SHEET I OF 2 LEIGHTON. and ASSOCIATES INCORPORATED SOIL ENGINEERING TESTING GEOLOGY ENVIRONMENTAL SCIENCES T R A N S M I T T A L TO: Fun Zone Development Company Date: March 6, 1979 309 Palm Street. Balboa, California 92661 Project No. 179095-01 ATTENTION: Ms. V. L. Gray Transmitted: The Following: For; X Herewith Preliminary Draft X. Your Use Via Carrier 2' Final Report As Requested Extra Other SUBJECT: Gradation Test Results, Proposed Dredge,Material, Marina Development, End of Washington Street, Balboa Bay, California Date of Report: March 6, 1979 LEIGHTON AND ASSOCIATES, INC. By: RZ/src Copies to: (1) U.S. Army Corps -of Engineers, Navigation Branch Attention: Mr.'Bob Atkins 0 .. ...... +.. ,.�.w. •i w.. w�. ,.... w. .. w•.ww r.••..•r w• --1 nnti.• - f77 A\ CCC IA -It ,�, ini ll DCII tll!IC L.EIGHTON 'and ASSOCIATES D INCORPORATED SOIL ENGINEERING TESTING GEOLOGY ENVIRONMENTAL SCIENCES March 6, 1979 Project.No. 179095-01 TO: Fun Zone Development Company 309 Palm Street Balboa, California 92661 ATTENTION: Ms. V. L. Gray SUBJECT: Gradation Test Results, Proposed Dredge Material, Marina.Development, End of.Washington Street, Balboa Bay, California In accordance with your request, we have sampled the bay deposits at the subject site to determine grain -size distribution. Transmitted herein are the results of testing. Two samples of the bay deposits were obtained between the northerly terminus of Washington and Palm Streets, on the north side of the Balboa. Peninsula Fun Zone. The samples, 1 and 2, were respectively located approximately 65 feet and 30 feet westerly of the existing Washington Street pier, and approximately 10 feet and 35 feet northerly of the bulkhead wail. The samples were obtained from below mud line at approximately zero elevation (MLLW). The results of sieve analysis on the samples are presented on the following page. .�......<n.,w'e a mnl C_ni11TC u 1cnAr%IIA'9?714 c 141 X56.1421 + 1213) 691-2125 PERCENT RETAINED (by weight) Sieve Size Sample 1 Sample 2 3/8•• 0.0 0.0 No. 4 2.4 2.3 No. 8 4,6 5.2 No. 16 9.0 12.0 No. 30 19.1 24.7 No. 50 54.0 59.9 No. 100 92.3 91.2 No, 200 98.7 98.0 If you have any questions regarding our report, please do not hesitate to contact this office. We appreciate this opportunity to be of'service. Respectfully.submitted, R. A. i ser ' RCE 8 /src Distribution: (2) Addressee (1) U.S. Army Corps of Engineers, Navigation Branch Attention: Mr. Bob Atkins J i LEIGHTON and ASSOCIATES no INCORPORATED lk� Iv SOIL ENGINEERI NG TESTING GEOLOGY ENVIRONMENTAL, SCIENCES March 1, 1979 Project No. 179095701 TO: Fun Zone Devel opinent Company 309 11a l m S 11-y-vo l: Balboa, California 92661 ATTENTION: Ms. V. L. Gray SUBJECT: Gradation Test Results, Proposed Dredge Material, Marina Development, End of Washington Street, Balboa Bay, California In accordance with your request, we have sampled the bay deposiLs,aL Lhe ubjvc-L site to determine grain -size distribution. Transmitted herein are the results of testing. Two samples of the bay deposits were obtained between the northerly terminus of Washington and Palm Streets, on the north side of the Balboa Peninsula Fun Zone. The samples, 1 and 2, were respectively located approximately 65 feet and 30 feet westerly of the existing Washington Street pier, and approximately 10 feet and 35 feet northerly of the bulkhead wall. The samples were obtained from below mud line at approximately zero elevation (MLLW). The results of sieve analysis on the samples are presented on the following page. 3-5-79 T LECON WITH BOB ZINSER ( LEIGHTON & ASSOCIATES) REQUESTING A COPY OF GRAIN SIZE ANALYSIS SH'0WING PERCENT RETAINED ON A 200 SIEVE. E BOB ATKINS 17075SKY PARI riRnl F, SHIT[ K IRVINF, GAI.IFQRNIA 027,14 ,_ ��i?1 556-1421 (213) 691 -?125 Fs YV Fti oa UNITED STATES ENVIRONMENTAL PROTECTION AGENCY `\ T4PROI � REGION IX 215 Fremont Street San Francisco, Ca. 94105 In reply: E-4-2 Refer to: PEA '4-5 ,i District Engineer Los Angeles District Corps of Engineers P.O. Box 2711 Los Angeles, CA 90053 Re: Public Notice No. 79-75 MAY Dear Sir: This is in response to the Corps of Engineers' Public Notice,re- ferenced above, pertaining to an application to the Department of the Army for a permit to discharge dredged material into ocean waters and to perform work in waters of the United States. We have reviwed the proposed activity in accordance.with the'pro- visions of Section 10, Rivers and Harbors Act 1899 and Section 103 of the Marine Protection,.Research and Sanctuarties Act and have the following comments: We have no abjection to the Section 10 work which has been proposed. It is our recommendation that auto -disconnects be installed on all fuel lines if the project is to include a fueling station. The applicants intent to discharge dredged material into ocean waters has not been justified by the content of the subject public notice or available documentation. The public notice contains no discussion of the,alternatives to ocean dumping which must be con- sidered pursuant to 40 CFR 227.1(b) and 40 CFR 227.14. The dredged material has been proposed for exclusion from bioassay analysis pursuant to 40 CFR 227.13(b), however the precise nature of this exclusion has been neither defined nor substantiated. When com- pliance with one of the three criteria contained in 40 CFR 227.13(b) can't be shown, the requirements of 40 CFR 227.6 must be met. We, therefore, request that no permit be issued until an amended public notice, which meets the requirements of 3.3 CFR 324.4(a). and 33 CFR 325.3 and includes the information identified as lacking in the previous paragraph, has been issued. �s 9 Failure to include all of the,information required by 33 CFR 324.40 a and 33 CFR 325.3 in the public notice or failure to demonstrate com— pliance with, Subpart B-227.4, 227.5, 227.6, 227.9, 227.10, and 227. Subparts C, D, E, and G in their entirety, of the Ocean Dumping Cri- s' teria., could be the basis for formal objection to permit issuance pursuant to. 40 CFR 220.4(c). Y' Should your staff have any questions, please refer them to Mr. Chri: f Vais at (415) 556-3454. G Sincerely, fu Cl de B. Eller Director r Enforcement Division cc: L.A. Dist. COE Environmental Br. N F4 ". } -2 1 4 � C.' N F4 ". } -2 1 U.S. DEPARTMENT OF'COWHViERCE National Oceanic and Atmospheric Administration 7[5 Of r`p National Marine Fisheries Service o'7fAP Southwest Region 300 South Ferry Street Terminal Island, California 90731 FSW33/RSH May 3, 1979 Colonel Gwynn A. Teague District Engineer Los Angeles District Corps of Engineers P.O. Box 2711 Los Angeles, California 90053 Dear Colonel Teague: Subject: Public Notice No. 79-75, dated April 13, 1979 - Dredging and Construction of Boat Slips in Newport Bay We have reviewed.the subject public notice and offer the following comments for your consideration. On-site inspection of the proposed project site by a member of my staff has revealed the presence of eelgrass (Zostera marina) within the area slated for dredging. Therefore, if'the project were to pro- ceed as proposed, the eelgrass would be destroyed. Our agency has consistently maintained in the past that those areas where eelgrass is found should be preserved in their present state, since this type of habitat serves as an important nursery and feeding area for a variety of fish and invertebrates. However, for those situations in which project modifications are not possible to protect existing eelgrass, our agency has agreed to habitat compensa- tion in the past. , Adequate compensation for this project would be to transplant the existing eelgrass to an area adjacent to the project or a similar area in Newport.Bay where suitable substrate is present. We believe, however, that the applicant should first demonstrate to our satisfaction that modification of the proposed project is not possible prior to any dis- cussions regarding habitat compensation. We suggest that a meeting be held in which the applicant, National Marine Fisheries Service, Corps of Engineers, and other interested resource agencies are present to discuss the proposed project and ,� 1nd' .1 CAL AMERICAN RENT A CAR Automobile Rental Lease Sales Service Administrative Offices 4500 Campus Drive Newport Beach, Ca. (714) 556-1711 Rental Offices PASADENA 44 North Madison (213) 795-9924 ORANGE COUNTY AIRPORT 4500 Campus Drive Newport Beach, Ca. (714) 556-1711 SAN DIEGO AIRPORT 2305 Pacific Hwy. San Diego, Ca. (714) 232-7641 TORRANCE 1940 Pacific Hwy. Lomita, Ca. (213) 530-9400 April 24, 1979 Glenn Welden Marine Department 3300 Newport Blvd Newport Beach, CA 92661 Dear Mr. Welden, & SON This is to confirm our conversation as of April 20, 1979, regarding the seventeen parking spaces required for The Fun Zone Marina. I am asking that they be reduced by two parking spaces which would bring them down to fifteen parking spaces as a result of receiving my permit froom the California Coastal Commission. Their requirment was that I give up four mooring spaces for transient use. As they will be transient boaters I do not believe they will need permanet parking facilities provided. Your consideration concerning this matter would be appreciated. Sincerely, V.L. Debbie Gray DG/ks T B�•4CN 'J 2 CI� V ��V y 0.Af 'J�, a -7,p 0 /Jf+���Oh NiwI11/ A T Y �c6ow 1IT t / •� acw_ p ST vit aL/i'D f`it No ON* WORKA ata Nrw� tell o + a '► S /T� c�� N V I C I iV i TY S K G I C H wtsr JiTT7' i nasi i J t7rr NawpoRr aAY, CAL lF'oRNIA Y= I ore e.rpiesseal in fee/ 04d ' depths be/ow tipicon Lower Lo.✓ Wofen Mox�.nt/in �,„, I OK ore9es�ob/r'shed ,rSofse fon ofN wPorf s 2 L-1/ST 1eC 11NATG R G!/VG-' .- ----- rr-7 it 4INC _ _ 1 _ i '11 + h PAh/l1NG .N ►J SC L-"ST.PU01r1 0 '/a 20 R0 40 .so ioo L / CA,vT 5FUh/ zONG U6YEL OPM�NT. C4 ° G o r �- c,r, 87 T,ZACTB/aYS1CL" _ . __ -✓a® �40D��S5 --dad.: :' DCCf�'r9TG-".C� Co,crr-�Acr®� B .S� OA W177 CITy oF NEWPORT BEACH CONSTRUCTION PERMIT A 11 ' C�,c(=�'DATE .....-:�---- kMNTsli TRE 1krf a , sROi StE ATT "ri x ula V "451, IONS or AT THE 617'-v t :m TSS u rry `A ANY IS UO F rriw M1 ¢ Tf�' y?qtr` +.. txa ; k $M Dana: AND llfS a �„�.:�_. 5 st-.z” tN �.«tri„<_ 7 r a + �.:���:C Carps of Enxl P IN A<:� ORDAMC: tT.4 � . R ”. �- 17 +tr ` � x c a%'x�,v : �a a_�. +�R�L.` 00mr- SGezCC- 5-2-7-79 cc 11-13-7o, PERK IT !NO. DATE 1. Restrooms be provided in accordance with Section 19 of the Harbor Permit Policies. e e ft e,,% c st y 2. / Parking spaces be provided in /accordance with Section 17 of the Harbor Permit Policies. 3. Signs indicating the parking lot is reserved for the marina shall be installed to the satisfaction of the Traffic Engineer. 4. Storage lockers and boat boxes installed on the pier shall conform to Section 26 of the Harbor Permit Policies. 5. The handrail constructed on the pier.and adjacent bulkhead shall conform to the detail shown on working drawings dated October 9, 1978 submitted to the Marine Dept. 6. Any dredging performed shall conform to the working drawings dated October 9, 1978, and shall be certified by the dredging=contractor'as`to compliance. 7. The permittee shall maintain the bottom profile in accordance with the working drawing and shall immediately restore the bottom to the profile shown on the work- ing drawings should the bottom be altered. 8. That mooring area at the easterly end of the landward herringbone slips adjacent to the 28' x 38' pier shall be reserved exclusively for skiffs`, dingys, etc. 9. All electrical plumbing and fire equipment installed shall comply with Section 18 of the Harbor Permit Policies. 10. Prior to beginning construction, working drawings shall be submitted to the Marine Department showing the location of piling for the pier and their relationship to the existing water line. 11. Liveaboards shall be prohibited. NEWPORT evm4c- !X011 - ItL RODTIN[:. DAT[ 0rr1Ct TTrt Or Ow 5U5MARIPE CABLE C0057AUOT10 • _. CM[OIED •�i!•% ihjv RD/mwo LF - I1 130ZR rim ri elf aaT . :�6�s,P�� a oC. � piLl y14 JAI lA \ ... • O 5pp O. 9nr j x,51• CONSTRUCTIONNOTES . - 1�'. NIINRviVAi1.GOVER FOR :ST.RUGTUR9"A9 • _SHOWN -ON PROFILE. V� 1 Y LV 200 76 OAA �p ,T,'? ray EXCA\,/A-ric>".. OA -r^ - OWNER CONC. 1. DIRT CSW 4) 'ALC• TRAFFIC.. CONTROL -:'TO BE . IN . �— CITY OF - _._ _ /5'x 4' ._... NEWPORT BEACH --GO SQ.FY. U.9. GOVERNMENT ZIP ALL. SUBSTRUCTURE -INI RM4TION WAS 'OAKEN - FROM RECORDSA AVAILESLLE AND ,�• IS APPROXINIATE5..VF-RIFY, LOCATE AND . - PROTECT AS.. REQUIRED 3.) BEFORE EXCAVATInK3 CALL t U. G-' SERVICE'ALERT 800-4ZZ-4133 . - - - - 4) 'ALC• TRAFFIC.. CONTROL -:'TO BE . IN . �— WORK .AREA. TRAFFIC CONTROL_ µ4fJ0ESOOK. 3.) VOID EF_ .BTwE_w. Go CONDUIT. AND - .. - _ 5UBMA :uNE . CABLE, TO SF_ FILLED.'. WITH ,, 6" PIIS - SAND -.SLURRY , AND tvtADB .. WATERPROOF. ,FILE 10:.RESTORE.. ALL DISM)USE0 LANDSCAPE;-. GOIJGKETE - -EX15T_15Oo_"26 .:. .. B t, NEWPORT..' .BAY __ ©(ts 155_ _ .. I'+ 49 .92 R. PAD' L-.4B.93� T' . .___4•. 14.01 12 _ 0'.14 OI',12" T. 24.59'' N �C lr,C, O% a •; !A `�' - _. .. G1-1lat iNP� - A C AUTION. - .. MARINA CA 2100% FI,.64 ? TA Pr 6U8---'- •- ' . 5UAMARINE_ EXIST SU5MARME CABLES Pf' _�� - 24 GA '.. -- - A-- t�T _ FL POSTS .15.46 t' •D , ' • - PL•991 TR FT - CAhLR-29O0X-2'(' GA•_.-- SLACK LOOPS IN VICINITY. VERIFY EXACT LOCATION 4 ' - DEPTH PRIOR TO CONSTRUCTION. p.PPROX• WGO _ - [A� - A I i S f .1 •+ •��, %;1 2142-26 .: EXr3T...SUE"PmFe. CAS N d9'S4'3 "e „ � ..... .. �� �. /'1I I ice® : , _ � .. �' _ Oj..-i PIPS• _ . • \ -..: �� � _ G,U�. -- - -5X157.-'SUBtXIRWE CPBIk�/ � I FLLWTIN ",O+ gs: q 4 56 - u 1. y L• 34.27• 50 g / .,� . Q ^ 90• A EXlOT 5412 6"Gr! 5f•:... SUEurM1E CABLE _ 1300x 266A. I • 419.14' , ' ... .. . s4. i 80• : .'.. ,, PL. NE Id CAALE.SEG. NO.. A.S. 'SHOWN �c Wt Ra.NT LOCATION OF 4d IN TN14 3 OUCT - _ TEM � 3 B-5 K 2 (]U. `35 TO ICE RMV 0 FROM RECO[oCOV © R. 30' - COV 0T - 4%. _...� .AT MH 010 L. 47.12' .: .AT MHP - CALESLM CABLE P, I3F?1:5 E '40' Q. 9O• . nX�nXX1 U6. DEBIGN ENGR.-� K.8 - AN DRE W6 -46-5712 J e D pOP' S 1.'l' €XCH&NG.E ENGR.t •.R 5. 8Lou1N 259'4467 Q O 5L)MAY CONTACT .. G..TRABK 446- 5513 '- JE V - PL. NEW CA, IN TNIS 6.. G• W .. PO TA PuCT'' - OO_Q 6 O DATE nevlmoms - THE PACIFIC TEL. AND TEL. C0. t ago -LE (I) ' c.O. _a lg4AS,66r. LL_ : LOOK NOFM4EA5T - - OOK SOU57 WALL tIIM. RT H GNAN6E FNTNY LOCATION OF - _-ODIC SOUTHWEST - .-. tNpl ` Fto" DUCT TO ALICN FOK DIRt Cf , - notmms DATE DFFICt' TYPE OF CONST - - RACKING M BAV WITN NO CABLE- - - FNg lA D SU9MARINE CA 6LE CONSTRUCTION 6ENoIN4 RERuIRBO.-- cNecxto 3(7 nof�si xo-LE n 1302R STATUS SHEET HARBOR PERMITS LOCATION New PERMIT NO. Revision X APPLICANT NAME �(Jr! ��� ,�j Dredging CONTRACTOR Date Rec'v /Q - 7f Fee Amt. ,!59,6a Fee Processed_X Date Reviewed by Marine Dept. Approved a-- 1-7 Denied Corection Required - Description City Council: Approved Denied Remarks DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC SARWQCB J.H.C. OR. CTY. T.I.C. 1._ Application 2. Consent Ltr. -)a -7y 3. "Waste" Ltr: 4. Drawings 5. Staff Report 6, 7. 8. REMARKS DATE FINAL INSPECTION AN D LOA N ASSOCIATION. 260 OCEAN AVENUE • LAGUNA BEACH. CALIFORNIA 92652 P. O. BOX 1047 • TELEPHONE (714) 494-7541 February 6, 1979 Mr. Glen Welden Pier Administration City of Newport Beach 3300 Newport Boulevard Newport Beach,.California 92663 R .- 0112-0604-1 Dear Mr. Welden: As per your telephone request yesterday, we are returning annual pier permit invoice due March 1, 1979 in the amount of $28.00. This property, as you will recall, was sold by Laguna Federal Savings and Loan Association to Allen Senall, 225 Canal Street, Newport Beach, California, on June 28, 1978. It is my understanding that you will contact either Mr. Senall or Mr. Gray of the Fun Zone Development Company to get the slip transfer completed. We do appreciate your cooperation in this regard. Sincerely, (Miss) Lorna Mills, President LM:pc Encl. G rY Of:- COUNCILMEN ROLL CALL'. \ �' November 13, 1978 MINUTES INDFX' (B) General Plan Amendment 78-3, a proposed amendment to the Newport Beach General Plan consisting of three parts as follows: Part 1 78-3-A: An amendment to the Land Use and Residential Growth Elements to change the designation of a 4.5 acre parcel on University Drive east of Irvine Avenue (Deane Property) from "Multiple - Family Residential" to "Admin- istrative, Professional and Financial Commercial." Part 2 78-3-B: An amendment to the Land Use and Residential Growth Elements to change the designation of approximately -35 acres west of MacArthur Boulevard between Ford Road and San Joaquin Hills Road from "Recreational and Environ- mental Open Space" (Freeway Reservation) to "Medium - Density Residential." Part 3 78-3-C: An amendment to the Land Use. Element to allow Retail/ Service Commercial and P residential as alternate uses to the existing "Administrative, Professional, and Financial Commercial" designation within the Old Newport Boulevard Specific Area Plan District. (A report from the Community Development Department) (g) Harbor Permit Application 4112-600 by Fun Harbor Zone Development Inc. to replace an exist ng Permits - marina at 600 Edgewater Avenue with a repo (304F) from the.Marine Department. (H -11a) _ADDITIONAL_ BUSINESS: 1. The Mayor was directed to send a letter to the San Diego Fish and Wild Life Service and request their Creek cooperation in allowing the cleaning out of the Channel Motion x San Diego Creek channel between Jamboree Boulevard (3117) All Ayes. and the, San Diego Freeway. 2. The Mayor was directed to write a letter to SCAG Population Motion x on the 1978 population forecast similar to the (228) All Ayes letter previously sent to SLAG on June 26. { Volume 32 - Page 294 C`�WtY OF NEWPORT REACH COUNCILMEN MINUTES v o y ROLL CALLS d' November 13, 1978 INDEX 3. The staff was directed to bring the Civic Cncl Right Motion x Plaza item acted on by the Planning Commission of Review Ayes x x x x x x on November 9 for review by the Council on Civic Plaza Noes x December 11; 1978 .(3118) Mayor Ryckoff adjourned the meeting at 12:25 a.m., November 14, 1978. COUNCILMEN KOLL CALL' o' Motion Motion Ix Ix C' -(Y OF NEWPORT 6 'Z November 27,, 1978 MINUTES INDEX (b) General Plan Amendment 78-3, a proposed amendment to the Newport Beach General Plan consisting of three parts as follows: Part 1 78-3-A: An amendment to the Land Use and Residential Growth Elements to change the designation of a 4.5 acre parcel on University Drive east of Irvine Avenue (Deane Property) from "Multiple Family Residential" to "Administra- tive, Professional and Financial Commercial." Part 2 78-3-B: An amendment to the Land Use and Residential Growth Elements to change the designation of approximately 35 acres west of MacArthur Boulevard between Ford Road and San Joaquin Hills Road from "Recreational and Environ- mental Open Space" (Freeway Reservation) to "Medium -Density Residential." Part 3 78-3-C: An amendment to the Land Use Element to allow Retail/Service Commercial and Residential as alternate uses to the existing "Administrative, Professional, and Financial Commercial" designa- tion within the Old Newport Boulevard Specific Area Plan District. Mayor Pro Tem Williams made a motion to set for hearing on December 11, 1978 the recommendations of the Planning Commission in connection with General Plan Amendment 78-2, with the modifica- tion that in Newport Center the residential dwelling units remain at 538 dwelling units as now on the Plan, rather than the proposed 800 dwelling units. Councilman Hummel made a substitute motion that the City Council consider as an alternate to the recommendations of the Planning Commission for General Plan Amendment No. 78-2, low density residential for Newport Village site in Newport Center, Castaways Commercial Site, Bayview Landing Site, San Diego Creek sites and MacArthur/ Jamboree Site, and refer'alternate uses to Planning Commission for comment with said comment to return to the City Council by December 11; that the City Council consider as an alternate to the recommendations of the Planning Commission for General Plan Amendment 78-2 low density residential for Westbay Site, Newporter North, Freeway Reservation East site, Fifth Avenue Parcels, CALTRANS West, Beeco Property, Roger's Gardens and vacant residential parcel to the Volume 32 Page 302 ;rY OF NEWPORT BL LH COUNCILMEN ROLL CALL< o' November 27, 1978 . Ayes Noes Ayes Noes Motion A11 Ayes Motion Ayes Noes MINUTES South, Castaways Residential Site, Eastbluff Remnant, Big Canyon, Newport Center Condominiums and Baywood Expansion; and that the General Plan Amendments 78-2 and 78-3, including proposed alternate land use and density designations be set for public hearing on December 11, 1978. Robert Shelton of The Irvine Company addressed the Council objecting to last-minute changes in Agenda items to be set for hearing. Councilman McInnis stated for the record that he had no record of the change. Mayor Ryckoff asked the maker of the motion to amend the motion to refer both portions back to the Planning Commission. Councilman Strauss asked the maker of the motion to change the wording to indicate that Council will consider the Planning Commission recommendations "as well as" the alternates. Both amendments were accepted by the maker of the motion. x x A vote was taken on Councilman Hummel's x x motion, which motion failed. x x x A vote was taken on Mayor Pro Tem Williams'` x motion, which motion carried and General Plan Amendment 78-2 was set for public hearing on December 11, 1978 as amended. x General Plan Amendment 78-3 was set for public hearing on December 11, 1978. 11. A report dated November 13, 1978 was presented from the Marine Department regarding Harbor Permit Application #112-600 by Fun Zone Develop ment Company to construct'a new marina at 600 E. Edgewater Avenue. Tidelands Coordinator Glen Weldon gave a brief staff report. Allan Beek addressed the Council and opposed the - pier permmt. - Debbie'Gray, one of the owners of the Fun Zone, { addressed the Council and answered questions. x Harbor Permit Application #112-600 was approved, x x x subject to the conditions of approval listed in x the staff report. G. CURRENT BUSINESS: INDEX Harbor Permits (304F)_ 1. A report was presented from the Public Works Christmas Department regarding Christmas lights and Decorations decorations on City streets. (391F) j Volume 32 - Page 30.3. t �_,2Z��- J r` Cl T e r.W /VEfYPC�Pr• B�'AcN fJ �QOi; �itLa�/2AM� ' Q W r Colea h A45 ,Aot.Ks 2 //7•�s - r o.00 z 0/, iv E 1 wrw.e/ .e � R Q � Iwt1oA 1 Y. ,o c r�/s�sro c x. sR,uau'J91e c,� �,cE •���.• s.. e� `WU;eC .�sr !T� o VICIItJITY SKETCH Av"r/STr i r ¢ rf Nrwiai►r DAY CAL lioRH+,a y I jsrrr Soundings are eXp,-css&d in Acel and d nofe, eamiOAs be/ow Xie -on Lo„r« Gom, Woftr. Moxi...ci..s ron9ro{ /i de oPP�oxi.»o�•/y /O fse4. H6i6o.- /.ices Ore eslobl�'shad �n his , s�cfion of N&WAOr1 Bor: �--ccs po.2 7- e7 98' /2 EXrS?"C -•---�U•_S.T/o.Pa�JE�CT L� uF , i 1 i � / ( 1 .. -rnz `"E" �. 7�a• �, , Ck s, Pi,e►�err���_U_._✓_E_ Lf S 1 t t i► t I ( 4 X'J>E OoUc,S � 1e - i EXIJTC.ff 72, C3E 2Ei ove0 : /LE�TYPicwc ��;,. _ ' -- 1 r.:_ _i -L � _� �.� �: t — -- ���• _ • .• . I i'+ "" til � I t I I I L__1 4' . 1 S I �� SCh - � ���► ' I 60 jol 35.33 3 33 S.i BL C� h : 25:3-3' 35.33: 3 5, 33 /CA.vTS f/UV Z O s,, -f ��y�tGv��6NTCo, GvT f-� BGK. 87 7-AEAC7.'gA��' EAC—EGcJATG • " T,e°Aj 7LV Er AI : , lW/ 7. ' e ,feADDQESS s O ,.,6• IC40AIr.WACras OATE•'S /7l 3 q6'7-TcP' ��� G 13 6 Off �t-t77 77777777, �t-t77 77777777, nol lot '.:& 7411 ST _ Y 4 y polo; 0 ff 7: owlf(I14 Lot` �)l1 i -Aa Oq *771 N k` x D� 117 /i swpO'er &16•4CA/ �\ �V i 1;I ,o •At,� t N �vt.vPi.fr II It 11 ta "�^' /acswp %/ PiBOTTOMjig 4go, A B 8LX D ,L�k'GDGa L /N� 4 r1� 1�Gr S /7&' /yrs QOM 1 � Ewsr VICdMtTY SKETCH wtiJ Ji771 N�wooar $AY Cat tr=oaMIA Yp J So Ur:d�n95 ore elpo Cssed in <ae/ and dsnofe dapt�+s be/ow Meon Lover Loo/ Wofer. A40.rlpr.cl�" 14,4JV7GN,41VCE D2E',DG/N6 ron9a� of ride OPPr x�•no�is/j' /O-%aBf •%rbor lies Ni/�X/SUM 2l�D C, Y, ore eayob/e'sherd io /his , 5ecl"0.7 o/'New"ooe/ Bo/ 2s�-¢--- Cz wATc--iz 4/r14 G Y/ST. FC,P,�y t 1 _/ . � i : I �,,, t i t► t i� � zz -'t.X/ST. POC/rS ' i-txisr, i 7$��QYfi.: I CA�vrs FvaZo�v= D�YEGD�MCNT CO• ��,- i-� 04X, 97 7-,ZAc2 - rx�,gvrY�E/N -.fo,a A00zeSS 600 C EDGG'W'.A7"G.C�' CVA17WACrO e 'k�.s", DAr'E PERMISSiow i's -KEREP.-I p-R.AH17-D To r'-QWATRUCT Am MAINTAIM THE FACu-M VAM -%-?-"VgRSz AFWSOF, AT THK ai AW ANY is my YHE ' V 144tlllSlll- 11 AND "MkS rM'LRfW3lV4""" if IN ACCOROAkTCS W�H 17 Cl A 80 ORDINAT //2--0) �(- Lc 7 DATE PERMIT NO. ZAMCIAL. OONWFV� CorP,s 01 Enghteeft Patmit 5-/0-7� Orange County Pennft AUTHORIZED BY CITY COUNCIL Q O NRWvORT DAY CAL IGOQNdA O wtsr /Sri $oUr1d�»9S orar �.rPvess�d !» fae• an <y c dPp 10A s b e/ow •'fco.7 Gower- L o °,r W©"eo s ro.°, 9 e o f frac rra�+p p a x/ Arra 1/4r/ y ✓d C04 CoA S �1 Ii +-- � 1 ! P� Gu9�YG1N..�y� 6 EDCG"�i/�9;r;e Sf ' s yo P,�i�11lNI;' kA 4 3.5.33 .3 W3 ---77 7 7777- 7 -77 i �, SOO r----i—� L STi3O� EDCG"�i/�9;r;e rPl4ar A1y1A1/ GoAlryAc roa ,M-lr- OA-, P,�i�11lNI;' 4 !Oo rPl4ar A1y1A1/ GoAlryAc roa ,M-lr- OA-, CITY OF NEWPORT era:CH.�UCI'M1 T PERMIT HARBOR PERIOWIT p1g14g*ess40kw as Kt__PEUV ARA*�TV0 Ta: r.O TRIUCT ABAs .. i :z V Sia ;B�.. _ SEE ATTl.(/ ET �/►8NT,11N TtBF rAR .i artl .�• a 7 �a tz AT T14C GIT -4 c,.p tT. <; ,° ;� � t it ..i., /Ya �iV air�J%� OF TFi I�.i_. AMY SPf_e::. ..G: - . "EFC�,.'• 9sWOT Yt tl s. THS C.aoi•:Wit- WOO T131.6 C4rP%oqEn81 Cr* Patin* �... ./yam �a 1B4 ACCOPMANCE WITN iii.. •.7 et {i,i /1.ual L�i''a'!:. t,ty'Sf i�7`Snge Court I othen 6CJZ7 c C. 6-2-7-79 CITY HAR'130i Ct9C5� ti ��?U€ f 1-r 3- 7r? PER tT NO. DATE 1. Restrooms be provided in accordance with Section 19 of the Harbor Permit Policies. /J'('5 e e eh,, -d, � 2. Parking spaces be -provided in accordance with Section 17 of the'Harbor Permit Policies. 3. Signs indicating the parking lot is reserved for the marina shall be installed to the satisfaction of the Traffic Engineer. 4. Storage lockers anid"bloat boxes installed on..the pier shall conform to Section 26 of the Harbor. Permit Policies. 5. The handrai11, constructed on the pier and adjacent bulkhead shall conform to the, detail shown on working drawings dated October 9, 1978 submit,ted'to' the"fiMar_ine Dept. 6. Ai.iy dredging performed shall conform to the working drawings'. dated October 9, 1978, and shall be certified by the dredging contractor asto;compl,a.nce. 7. The permittee shall maintain the bottom profile in accordance with the working drawing and shall immediately restore the bottom to the pro'`ile shown on the work- ing drawings should the bottom be altere-d. 8. That mooring area at the easterly end.of the landward herringbone slips -adjacent to the 28' x 38' pier shall be reserved exclusively for skiffs, dingys, etc. , , 9. All electrical. plumbing and, fire equipment installed shall comply wi''th Section 18 of the Harbor Permit Policies: 10. Prior to beginning construction, working drawings shall be submitted to the Marine Department showing the location of piling for the pier and their relationship to the exi sti g water line. 11. Liveaboards shall be prohibited. .Cl T ma- Nd;wpoe7- ge.4clv ro Z-.. 3roch 117 "sx <1 GA4 OA D C% A- ProDosed cable 0 Cle, VICINITY SkETCH t'JVwP0Rr 5AY, CAL lF'0JZNlA y 1. Jerry soondin95 Ore 0'4'P "s" 5 belO.W /t7COP7 Lo suer LOW Wo leer. r47,7576- of fide lza^61.- 4 715 Ore eziablesheal in -//7;5 seel"a" oyr"v--w,4,0,-le 2507-. SEE ATTACHED DRAWINGS AP,o,Llc-,4A-,rs AIAIWa PACIFIC BELL /--07- a4,,e, 7-,e A C 7- AoDeeSS 3160 REDHILL, ROOM 104, COSTA 1,TSA?CPcvA17vAcroA- DA 7-e CITY OF NEWPORT BEACH Marine Department August 12, 1981 TO: BOB BURNHAM FROM: Marine Department SUBJECT: HARBOR PERMIT #112-604 FOR THE STRUCTURES OVER CITY TIDELANDS AT 600 EAST BAY AVENUE Attached is the Harbor Permit drawing for the property at 600 East Edgewater. The line on this drawing designated "U.S. Bulkhead Line" is a line established by the Army Corps of Engineers to delineate the division between private property and State Tidelands. The area bayward of the Bulkhead Lines is State Tidelands, granted to the City of Newport Beach in trust by a number of statutes in the 1920s. Under a permit system, established by the City, the upland property owner or long term leasee is permitted to occupy the tidelands, subject to the Newport Beach Harbor Perr.-iit Policies, Sections 4A and 4F of the above named policies deal with the liability of the permittee for personal injury or property damage arising out of the possession of structures within the permitted area. 4.A. "Acceptance of Provisions: It is understood and agreed by the Permittee that the doing of any work 'Under the permit shall con- stitute an acceptance of all provisions." 4.F. "Liability for Damages: The Permittee is responsible for all liability for personal injury or property damage which may arise out of work herein permitted, or which may arise out of the use or possession of said works, and in the event any claim is made against the City of Newport Beach or any department; officer, or employee thereof, though, by reasons of, or in connection with such work, permittee shall defend, indemnify and hold them and each of them, harmless from such claim." In conclusion, the land bayward of the bulkhead line is State property, granted to the City of Newport Beach in trust and the City then, through its permit system, allows upland owners to "occupy".the Tidelands subject to the provisions of the Harbor Permit Policies, Tony Mel um Tidelands Administrator TM:db Cl Y c�r� y�lyF�C�IPT ��ACH r �f y Ir -7,0 �i � � wr..i•.rr *^ ��� c c R Q Yi /1 tI �� I8CR4D D ,�i' ,�}t 2-- o� CVV64-96&" 4W49 (i'YP. i „•,. • ► //�� /�^'� v �, 5TH /• j�; ��+ y VG/K/� �1'�. y Cot•.vw S /T� Eg- LQ V t �i ) N E J iy SKETCH wwls Ji77i i Cwsr ♦ J6r�Y Nrwooar 5.^Y C,44 1Faa0,41A YQ r Sound�nQs owe rX�oicsscd In fats and dsno�e 01op•fA5 be/ow tiiaon Lower bow Wofer. AlloxLpru— /1/JAI/VTG N•4/VGE Df�E"�OG/NG r019d' of fide QPPrvxl�r►o�laly !D +rme4f H01-hoe 11:7CS M/4X//►r>G/M ;000C. Y, are ealo6/r'shQd /his ,sec/.o.� of NewPo. f 25 or. L,.4N0/NG � � U•S. Pk�QJECT L/NC- -"-� 4-1 1 1. I LUS. F/CPhGAl1 I `J � �i t �,__it �t ► tI Ri I � i I ► ' � , , .N I � � �cX/sr. Dock ; t_ iE � � xisr, t E i_.'L•?G-_�PL`NfOYCpj PiL `, ��I .L�OGXS 3 Lit 41, i /-/NC PU�F'-OUT STj,�T/ON N� � Zf3 �j v .4YS/ac` i \J) �' G�Lz�Clc' 67 SPACES '� 35.33' 3S 35:33' I 35,33' 35.33' 3533 �Q S'O L-'STIPQOM D, :Io W ?01 A0 .So Ioo AOL /cAwTs fUN2oNFD€YELOO1✓CNTCO Bc.,e, 437 T�Acr.BArsrP T�.9UTW�/N -✓ods ADDesss �Ob G- EDGe!`l't�,�77'Gk' CavrvAcroa eeOS. D.4r�' l/2/�76 CITY OF NEWPORT BEA64 HARBOR PERNINT PERMISSI" 1S M'. r" E TixLT3�tI^ Aims MAINTAIN T:$ �" Holu' i. T53 T�i'sS " ,x r r , v�y arc —7 ;?3,'�;�.s�e'ers P J� /� m.� � �,."a �T,Acto A �T ANY t lx Corr �'l �,t�nr�g�"�'yabv..�5.,.a..�.°� is ■3.p NOT d ox�9'i'�4.gL �.+ESLT�C��i �Pc rmft TH , T� I'L is ywu��s4 t:SM tD gn, Y'�fi■p.�1'A��t AN,n� �y aS i E tlPWAV 3 kW 6 iL w a p Y GtlC a. w vp4g @h L Y IM ACCOADANC WW" vilMoK✓Y L it iaf 'X i 'air Wi'VpiY■nil, . By /ash/ Couj4CIL ■■ Eo AUTFIGRIZ c ARBOR iiORDINATo� Q 3r%9 JE2- O RMIT MIM+ �As� r " / AND LOAN ASSOCIATION 260 OCEAN AVENUE • P. O. BOX 1047 • April 24, 1975 Mr. Glen E. Welden Marine Affairs Aide Marine Safety Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Re: Pier Permit # 9 z',6 Dear Mr. Welden: LAGUNA BEACH, CALIFORNIA 92652 TELEPHONE (714) 494-7541 We are enclosing the harbor permit transfer application relative to the above numbered pier permit, currently registered in the name of Konwiser Corp., together with our check Number E-49125 in the amount of $101.00. This represents $100.00 for the transfer permit fee and $1.00 for a copy of the drawing of the facility. It is our understanding that your office will complete the transfer application and that we will receive a copy of same signed by the City Harbor Coordinator. Also, please furnish us with any further information we should have pertaining to this facility which is now owned by Laguna Federal Savings and Loan Association. LM:mc Enclosures Very truly y s, (Miss) Lorna Mills, President City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 714/673-2110 March 28, 1975 Laguna Federal Savings and Loan 260 Ocean Avenue Laguna Beach, California Dear Sir: Pier Permit ##129-2633 for the slip facility located at 616 E. Bay Avenue, Newport Beach is registered to the Konwiser Corporation. The Konwiser Corporation, after receipt of the pier registration billing, advised this office that the facility had been sold to you. If this is correct, we will need a harbor permit transfer application and corresponding $100.00 fee as required by City Ordinance 17.24.030. At your earliest convenience, please advise this office if you have acquired this property so that the necessary transfer can be accomplished. Sincerely, Glen E. Welden Marine Affairs Aide Marine Safety Department GEW:1f f MARINE SA. ETY DEPARTMEoNT 70 Newport ;Pier T Septethber 25, 1972 Item No- H -g (b) TO: MAYOR AND CITY COUNCIL FROM. Captain D. Harshbarger, Marine) Safety Department en t SUBJECT: HARBOR PERMIT APPLICATION NO. 112-600 APPLICATION TO:" Construct.a multiple boat slip facility at 600 E. Edgewater (Fun Zone Condominium Project) APPLICANT: JAY, Construction Co. RECOMMENDATION: If desired, approve Harbor Permit No. 112-600 subject to the following conditions: 1. The applicant receivesthe approval of the U. S. Army Corp of Engineers. 2. The slip and side -tie vessel spaces are reserved for the exclusive use of the condominium owners. 3. That any domestic water service and electrical service on the slips be installed under a permit obtained from the Community Development Department. 4. That a commercial fire protection system approved by the Fire Department be installed. 5. No harbor structure or dredging be allowed bayward of Lots 5 or 6. DISCUSSION: 1. The prior approval of the City Council is required because: A. The abutting upland property is zoned C-1. B. More than one slip is requested bayward of a single parcel. C. The proposed slip arrangement does not specifically conform to the standard harbor drawings for commercial pier and float installations. However the proposed Page Two Item No. H-8 (b) arrangement differs from the standard drawings only in design layout, not in structural specifications. The proposed design has been reviewed by the Public Works Department without objection. D. The immediate abutting upland property is a dedicated public right of way. Z. All new harbor permits require the approval of the U. S. Army Corp of Engineers. 3. The proposed slip and side -ties are recommended to be reserved for the exclusive use of the condominium owners so as to be consistent with Council's Harbor Permit Policies with reference to multiple slip arrangements'vrs. commercial marina facilities. 4. Separate permits and approval are required for the domestic water supply, electrical service and fire protection systems from the Community Development Department and Fire Department respectively. 5. Because of the need to protect the city water main, that runs from Washington Street to Opal on Balboa Island, the Public Works Department has recommended that no construction nor dredging be permitted until engineering plans are submitted by the applicant and approved by the Public Works Department which clearly show the protection of the water main in its present location or provide for its relocation to a safer depth or distance from proposed construction. 6. The proposed plan is in accordance with Council's Harbor Permit Policies, Public Works Standard Drawings and Recom- mendations for multiple slip facilities, and the U. S. Corp of Engineers requirements if the above listed recom- mended conditions are approved with Harbor Permit #112-600. D. Harshbarger, Captain Marine Safety Department Approved ie DH:lf DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 I LOS ANGELES, CALIFORNIA 90053 SPLM-0 10 October 1972 3:'Construction, company 3001 Redhill Avenue, Suite 216 costa mesa, California 42626 Gentlemen: Reference is made to your request of 26 September 1972 for permission construct docks in Newport Bay. 'Upon the recommendation Of the Chef of rmg%eers a -ad under the provisions of motion 10 of the Act of Congress approved March 3, 1894, entitled "An act making appropriations for the construction, repair, and preservation of tertain public vorks on rarer and har urs and for other purposes,"' you are hereby authorized by the Secretary* of the ;army to construct a and floats to extend from the U.S. Bulkhead Line to the U.S. Project Line in Nowperrt Bay in front o Lots 1 to 6 Block B-E', Bayside Tract, Neuport Bch, Orange County, California as shote on the attached drawing, If future operati.onsthe United States require an Alteration in the position of the structure or work herein authorized, the ager will be required upon clue notice from the Secretary of the Army to remove or alter the structural work or obstrueti.ors caused thereby without expense to the united States, This authorization does not give; any property rights, either In real estate or materia., or any exclusive privileges; and does not authorise any injury to private property or invasion of private rights,, or any Infringement of rederal, State, or lel laws or regul4tioas, nor does it obviate the necessity of obtaining Mate assent to the work authorized. BY WTHORITY M TU S ECRMARYO Y -. m: P -OPER, JR. COT., CE District Engineer Cy.Furn City of New Beach. (c/o drawing) 14ine Safety Director ,7 ­ PERMISSION is HEREBY GRANTED TO CONSTRUCT A140 MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SIJEJECT TO THE PROV.StONS OF ME HARDQR PERMIT Pe LIC OF NZWPOT BEACH ANLI ANY SPECIAL CORMITIONS L'�ZSTED "E OH. THIS PERMt: K NOT TRANSFERABLE WiTNOUTTNE V4f',:N7TXN CONSENT *.'- THE CITY HARBOR COORDgNATOR CM ZIT COUNC&L. TIF RIGHTS GWEN UNDEn THIS FErv§HT AIR`E PERMISSIVE ONLi AND THIS PERMIT MAY BE REVOKED 93Y THE CITY COUNCIL W ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. Ci W HARBOR COORDINATOV "11.7 -j5elc 00-1 DATE Czrps of Engineers Permit 10-10-72 Orange County Permit Othen City Council 9-26-72 subject to the following conditions. lo The applicant receives the approval of the u4 So, ArW Corp of Eng=*eers,, 2, The slip and.side-tie vessel spaces are reserved for the exclusive use of the condominium owners. 3. That any domestic water service and electrical service on the slips be installed under a permit obtained from the Community Development Depart- ment. 4® That a commercial fire protection system approved by the Fire Depart- ment be installed. 5. No harbor structure or dredging be, allowed bayward'of Lots 5 or 6,,. CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92660 JAK Construction 3001 Redhill Suite 216 Costa Mesa, Calif. Loc. Lot Tr. A.P.# Pier Dim. Float Dim. Old No. Insp. Blk. T. 0. No. Dwg. Date Bill Datel Date Paid 1970 1971 1972 1973. PERMIT NO. 112-600 NCPR NCTU CPR CTU TOTAL City Council M�`%ting August 28, 1972 Agenda Item No. G-9 CITY OF NEWPORT BEACH August 23, 1972 TO: City Council FROM: Department of Community Development SUBJECT: Tentative Map of Tract 7796 Request to permit a subdivision of 1.245 acres into three lots for forty-seven condominium units LOCATION: Lots 1 through 7, inclusive, in Block "B"of Bayside and Lots 1 through 6, inclusive, in Block 7 of the Balboa Tract; located northerly of Balboa' Boulevard, easterly of Palm Street, southerly,of bulkhead line and westerly of Washington Street in Central Balboa. ZONE: C-1 APPLICANT:- JAK Construction Co., Costa Mesa OWNER: Santa Ana Valley Irrigation Company, Orange ENGINEERS: Raub, Bein, Frost & Associates, Costa Mesa Recommendation At its meeting of August 17, 1972, the Planning Commission'recom- mended approval (Four Ayes, Commissioner Rosenervoted No, Commis- sioner Glass abstained, Cohnmissioner Martin was absent), of the Tentative Map of Tract 7796, dividing 1.245 acres into three lots for condominium development; subject to ConditiorsI through 13 as indicated in the staff report dated August 11 1972, and revised conditions numbered 14 and 15 to read as follow:. C ndi ti on Ko 14 No demolition, grading or construction shall be permit- t'ed until such time as the subdivider has requested and 'received a plan from the California Regional Water Quality Board which sets forth the protective steps and precautions which they will take in order to ensure the quality of the adjoining bay during these operations. Condi titin No. 15 That grading, excavation and backfilling shall be control- led so as to prevent any siltation of Newport Bay from storm runoff. Respectfully submitted, W IAM LAY 0 Senior Planner WRL/kk Attachments: Staff Report dated 8-11-72 To Council Members Only: Vicinity Map Tentative Map of Tract 7796 NOTE: Map will be on display in the Council Chambers Planning Commission Meeting August 17, 1972 Agenda Item No. 11 CITY OF NEWPORT BEACH August 11, 1972 TO: Planning Commission FROM: Department of Community Development SUBJECT: Tentative Map Tract 7796 (Discussion) Request to permit a subdivision of 1.245 acres into three lots for forty-seven condominium units° LOCATION: Lots 1 through 7, inclusive, in Block "B" of Bayside and Lots 1 through 6, inclusive, in Block 7 of the Balboa Tract; located northerly of Balboa Boulevard, easterly of Palm Street, southerly of bulkhead line and westerly of Washington Street in Central Balboa. ZONE: C-1 APPLICANT: JAK Construction Co., Costa Mesa OWNER: Santa Ana Valley Irrigation Company, Orange ENGINEER: Raub, Bein, Frost & Associates, Costa Mesa Application This application requests approval of a tentative map'creating a sub- division of 1.245 acres into three C-1 lots for a forty-seven unit condominium development in Central Balboa. Planning Commission pro- cedures are outlined in Chapter 19.12 of the Newport Beach Municipal Code. Background This map was first before the Planninq Commission on April 6, 1972, in conjunction with Use Permit No. 1591, requesting the construction of a fifty-one unit condominium development in a C-1 District on the Balboa Peninsula. At that time the Planning Commission continued the Tentative Tract Map and the Use Permit Application to the meeting of June .15, 1972. Subsequent to the meeting of April 6, the appli- cant made some minor modifications to the use permit, including a reduction from fifty-one units to forty-seven units. On June 15, the Planning Commission denied the Tentative Tract Map and the Use Permit Application without prejudice. The applicant appealed the ,decision regarding the use permit from the Planning Commission to the City Council on June 20, 1972. At their meeting of July 24, 19729 the City Council overruled the decision of the Planning Commission and approved Use Permit 1591 subject to conditions to be worked out between the Community Development Department and the applicant. These conditions have been worked out between the Staff and the appli- cant and are identical to the conditions for the use permit as contained in the.Staff report dated April 6, 1972. In view of these circumstances - and some minor modifications in the approved use permit, the applicant is now resubmitting the original tentative tract map to the Planning Commission for consider°ationm Item No. 11 T0: Planning Commission - 2. The conditions of approval of Use Permit No. 1591 are as follow: 1. That Tentative Map of Tract 7796 be approved. 2 That the structures be sound -attenuated to achieve an average maximum interior noise of 60 dBA. 3� That the swimming pool be eliminated or relocated to a location approved by the Director of Community Development.. 4. That the types and locations of street trees be provided to the specifications of the Parks, Beaches and Recrea- tion Department, and that the standard inspection fee of $3.00 per tree be paid. 5. That landscape plans, including watering facilities, be approved by the Director of Community Development prior to issuance of a building permit. 6� That trash areas be enclosed with walls and integrated into the building design, or all trash areas shall be enclosed within the building. 7. That the development comply with the plans as submitted except for minor modifications approved by the Director of Community Development. 8. The applicant shall obtain a demolition permit from the Department of Community Development prior to the commence- ment of demolition of any structure on the subject property. Plans`, including proposals for the control of debris and protection of the bay, shall be submitted to and approved by the Director of Community Development prior to the issu- ance of demolition permits 9. That the developer shall be responsible for all precaution- ary actions necessary to protect the quality of the waters of the harbor during excavation and construction operations and shall prepare for approval of,the Director of Community Development, plans and specifications designed to protect the waters of the adjoining channel prior'to the issuance of any building permits. 10. There shall be submitted, a declaration of covenants, conditions and restrictions setting forth an enforce- able method of insuring the installation and continued maintenance of the landscaping, walls, walks and all physical features such as buildings, parking areas, and trash storage areas acceptable to the Director of Com- munity Development and, in respect to legal enforcea- bility, the City Attorney. Analysis and Recommendation This tentative map presents no problems from a planning standpoint; therefore, the Staff recommends approval of Tract No. 7796 subject to the following conditions: 1. That all conditions of approval relative to Use Permit- No. 1584 be fulfilled. 2. That all public improvements be constructed as required by ordinance and the Public Works Department. Item No. 11 TO: Planning Commission - 3. 3. That Section 19°16°030 of the Subdivision Ordinance' re- garding map scale be waived provided maps drawn accurately to a scale of 1" = 100' are furnished to the Public Works Department 4. That the boundary of the final map be checked by the County Surveyor before being submitted to. the City for approval. 5. That a ten foot radius corner cutoff be dedicated at the corner of Balboa Boulevard and Palm Street, 6,, That additional sidewalk easements be dedicated and im- proved at the northwesterly and northeasterly corners of the tract, as shown on the site plan for Use Permit 1591 7e That the sidewalk on Balboa Boulevard be widened by a minimum of two feet and an appropriate easement dedicated. 8. That the location and size of all new drivewayapproaches be reviewed and approved by the Traffic Engineer. 9. That all existing driveway approaches which will not be reused be closed up by constructing sections of new curb and sidewalk. 10. That a new sidewalk and easement be provided adjacent to the bulkhead as designated on the approved.plot'plan for Use Permit No. 1591m 11. That a new street lighting system be constructed adjacent to the bulkhead and at the ends of Palm and Washington Streets to replace the existing system. 12. That the two existing U.S.C. & G.S. monuments along the westerly side of Washington Street be protected in place or satisfactorily restored after construction work is complete. 13. That no structures be permitted in the air space over° the sidewalk easements. 14„ That no dewatering.should be allowed prior to the filing of a report with the California Regional Water Quality Control Board. 15. That grading, excavation and backfilling shall be con .trolled so as to prevent any unreasonable siltation of Newport Bay from storm runoff. 0BERT E 0 NOT Assistant Planner REF/kk Attachment: Vicinity Map Enclosure: Tentative Map Tract 7796 Item No, 11 GENERAL PROVISIONS F2R HARBOR PERMITS 1. AICCEPTANSE OF PROV IS IONS9 1T IS UNDERSTOOD- AND AGREED BY THE PERMATTEE THAT THE DOING OF ANY WORK UNDER THIS PERMIT SMALL CONSTITUTE AN. ACCEPTANCE OF ALL OF THE PROVISIONS- 2- PERMIT FROM OTHER 11AGENClESa THE'PARTY, Olt PARTIES. -TO WHOM' THIS PERMIT. IS4 ISSUED SHALL, 4HENEVE°R THE SAME 16 REQUIRED QY LAW, 'SECURE: .THE WRITTEN, ORDER 'OR CONSENT TO''ANY WORK HEREUNDER FROM TH E' V -S- CORPS- CIE ENGINEERS 09 ANY OTHER PUBLIC' BODY HAVING JURISDICTION, AND THIS PERMIT SHALL BE SUSPENDE0,IN OPERATION UNLESS AND, UNTIL SUCH ORDER OR CONSENT IS OBTAINED - 3. TRANSFERRING PEI?Moto THIS PERMIT IS NOT TRAM aFERABLE WITHOUT T14E WRITTEN CONSENT OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH - PLEASURE PIERS TO BE CONSTRUCTED HEREIN, SHALL NOT BE SOLD, LEASED, SUBLET OR TRANSFERRED WITHOUT THE WRITTEN CONSENT OF THE CITY COUN6'lLo i 4e INSPECTION.- THE WORK SHALL BE SUBJECT TO THE SUPERVISION AND APPROVAL. OF THE PUBLIC WORKS DEPARTMENT. THE PERMITTEE.SHALL NOTIFY THE PUBLIC WORKS DEPARTMENT AT LEAST 3 DAYS IN ADVANCE OF THE DATE WORK I$ TO• BEGIN AMID"'BEFORE 4TS"cOMPLETION. 5` PROTECTION OF TRAFFICS, ADEQUATE PROVISIONS SHALL BE MADE FOR THE PROTECTION OF THE TRAVELING PUBL FC. BARR I DADES SHALL; .BE . PLACED ON STREET" S, 'WITH LIGHTS AT WIGHT, ALSO FLAGMEN EMP4PYED, ALL AS -MAY BE -REQUIRED BY THE PARTICULAR, WORK IN,PROGRESS9 THE PERMITTEE SHALL NOT ATTEMPT TO FORBID THE FULL AND FREE USE BY THC,-P'1;BLIC OF ALL NAVIGABLE WATERS AT OR ADJACENT TO THE WORK OR STRUCTURE IF THE DISPLAY OF' LIGHTS AND SIGNALS ON ANY WORK HEREBY AUTHORIZED IS NOT OTHERWISE PROVIDED BY LAW, SUCH LIGHTS AND {SI.GNALay' AS MAY BE PRESCRIBED BY BUREAU OF LIGff ;HOUSES,, DEPARTMENT OF COMMERCE, SHALL BE .INSTALLED AND MAINTAINED AT THE EXPENSE OF THE PERMITTEE. STRUCTURES SHALL BE SO CONSTRUCTED AS NOT TO OBSTRUCT, INTERFERE -WITH OR, PREVENT::THE FR&.El USE OR PASSAGE OF ANY SIDEWALKS, STREET, ALLEY, PUBLIC.WAY OR NAVIGABLE CHANNEL. �e LIABILITY FOR DAMAGES: THE PERMITTEE IS RESPONSIBLE FOR ALL LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF WORK HEREIN PERMITTED, OR WHICH MAY ARISE OUT OF THE USE OR POSSESSION OF SAIDIWORKS , AND IN TETE EVENT ANY CLAIM I$ .MADE AGAINST THE CITY OF NEWPORT BEACH OR ANY DEPARTMENT, OFFICER, OR EMPLOYEE THEREOF, THROUGH, BY REASON OF, OR IN CONNECTION WIT.H.SUCH WORK.,"PERMITTEE SMALL DEFEND, INDEMNIFY AND HOLD THEM, AND EACH OF THEM, HARMLESS FROM SUCH 'CLAIM 7. REVOCATION OF PERMITS THE RIGHTS 61VEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THE CITY OF NEWPORT'BEACH RESERVES FULL RIGHT, POWER AND AUTHORITY TO REVOKE THIS PERMIT AT.ANY TIME. IN THE EVENT THE PERMITTEE FAILS TO REMOVE pAIp. WORKS,WITHIN THE TIME SPECIFIED, THEN THE CITY ENG INECR.S ALL HAVE THE RIGHT TO IMMEDIATELY REMOVE SAME AT THE COST AND EXPENSE OF THE PERMITTE . 80 :REPAIRS: THE PERMITTEE SHALL KEEP THE 4TRUCTURES IN GOOD REPAIR AT ALL TIMES. FAILURE TO REPAIR,WHEN WRITTEN,NOTICE HAS BEEN GIVEN TO THE CITY ENGINEER, SHALL BE CAUSE FOR THE REVOCATION OF THE PERMIT. CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT APPLICAT TON-FOR;lHARBOR PERMIT DATE 194L CITY OF NEWPORT BEACH CALIFORNfA GENTLEMEN' APPLICATION IS HEREBY MADE FOR PERMISSION TO 7- Ap P 0 CANT WILL DE S CRI, RE I - HE R -E CFULLY' " WHAT T HE W !I S RES I ;T OYDO ;: AN D;: PU:R�POSft S 0 F0 I MPROVE ME NT CO .4-twocigs ADDRESS OF-PROPOSEDWORKI 7 -L -,e-. Ai ZZ�"VA - APPLICANT IS OF LOT_ BLOCKTRACT -9y THE UNDERSIGNED AGREES TO DO THE WORK . I - N ACCORDANCE WITH THE` --RULES, REGULATIONS AND SPECI- FICATIONS AND SUBJECT TO THE INSPECTION AND APPROVAL OF THE CITY OF. NEWPORT BEACH AND ACKNOWLEDGES THAT THE APPLICATI-ON AND PERMIT -ARE SUBJECT. TO THE GENERAL P'ROVISIO'NS FOR HARBOR PERMITS ON THE REVERSE SIDE HEREOF AND TO ANY SPECIAL CONDITIONS IMPOSED. CONT"RACTO,R' k'EC'D FEESIGNATURE OF Ap PLI CA CHECK No. 31$-v 'DATE 4`40 f S3 FROM 1--11W 4,S We: t3 4 r C,,, MAILING ADDRESS PHONE APPLICATION SHALL BE IN DUPLICATE, No. A -161d-R z -p hl/l/0 CO .4-twocigs ADDRESS OF-PROPOSEDWORKI 7 -L -,e-. Ai ZZ�"VA - APPLICANT IS OF LOT_ BLOCKTRACT -9y THE UNDERSIGNED AGREES TO DO THE WORK . I - N ACCORDANCE WITH THE` --RULES, REGULATIONS AND SPECI- FICATIONS AND SUBJECT TO THE INSPECTION AND APPROVAL OF THE CITY OF. NEWPORT BEACH AND ACKNOWLEDGES THAT THE APPLICATI-ON AND PERMIT -ARE SUBJECT. TO THE GENERAL P'ROVISIO'NS FOR HARBOR PERMITS ON THE REVERSE SIDE HEREOF AND TO ANY SPECIAL CONDITIONS IMPOSED. CONT"RACTO,R' k'EC'D FEESIGNATURE OF Ap PLI CA CHECK No. 31$-v 'DATE 4`40 f S3 FROM 1--11W 4,S We: t3 4 r C,,, MAILING ADDRESS PHONE APPLICATION SHALL BE IN DUPLICATE, No. A -161d-R GENERAL PROVISIONSFORHARBOR PERMITS 1. ACCEPTANCE OF PROV ISIONS. 'IT 05 UNDERSTOOD AND AGREED BY THE PEROITTEE THAT THE DOING OF ANY WORK UNDER THIS PERMIT SMALL CONSTITUTE AN ACCEPTANCE OF ALL OF THE PROVISIONS - 2. PERMIT FROM OTHER AGENCAES.- THE-PARTY,OR PARTIES. -TO WHOM:THIS PERMIT,M ISSUED SMALL., WHENE-VE'R THE BANE ls.­REQ'UIRED BY LAW, SECURE THE WRITTEN ORDER 'OR CONSENT T*'ANY WORK HEREUNDER FROM THEV-S- CORPS. OIF,ENGgN'gERS DO ANY OTHER PUBLIC' BODY HAV'INd JUItISD'ICTION,-AND THIS PERMIT SHALL BE SUSPENDED IN OPERATION UNLESS AND UNTIL SUCH ORDER OR CONSENT IS.OBTAINED- 3. TRANSFERRING PERMIT: THIS PERMIT 9S NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT T OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH - PLEASURE PIERS TO BE CONSTRUCTED HEREIN, SHALL NOT BE SOLD, LEASED., SUBLET OR TRANSFERRED WITHOUT THE WRITTEN CONSENT OF THE CITY COUN6�11.o 4- INSPECTION: THE WORK SHALL BE SUBJECT TO THE SUPERVISION AND APPROVAL OF THE PUBLIC WORKS DEPARTMENTo THE PERMITTEE.SMALL NOTIFY THE PUBLIC WORKS DEPARTMENT AT LEAST 3 PAYS IN ADVANCE OF THE DATE WORK IS TO BEGIN AND BEFORE.ITS COMPLETION. 5. PROTECTION OF TRAFFO,c.,, ADEQUATE PROVISIONS SMALL BE MADEFORTHE PROTECTION Of THE TRAVELING PUBLIC- B;RRICADES.SHALL.BE,PLACED ON STRE&t,-'WITH LIGHTS AT WIGHT, ALSO FLAGMEN EMPI.pYtD, ALL AS" -MAY BE REQUIRED BY THE PARTICULAR. WORK IN-PROGRESSO THE PERMITTEE SHALL NOT ATTEMPT TO FORBID THE FULL AND FREE USE BY THE -PUBLIC OF ALL NAVIGABLE WATERS AT.O.R. ADJACENT TO THE WORK OR STRUCTURE- IF THE DISPLAY OF'' LIGHTS AND SIGNALS ON ANY WORK HEREBY AUTHORIZED IS NOT OTHERWISE PROVIDED BY LAW,, SUCH, LIGHTS AND 'SIGNALS i'AS MAY BE PRESCRIBED BY BUREAU OF UGHT.HdusEs, DEPARTMENT OF COMMERCE, SHALL '. SE.AN 1. STALLED ANDHE PERMITTEEl- MAINTAINED AT THE EXPENSE OF "THE STRUCTURES SMALL BE SO CONSTRUCTED AS NOT TO OBSTRUCT, 3,STRUCT, INTtRF-ERE'WITH OR PR'EVENT—THE FREE, USE OR PASSAGE OF ANY SIDEWALKS, STREET, ALLEY,,PUBLIC.WAY OR NAVIGABLE CHANNEL. 6. LIABILITY FOR DAMAGES.- THE PERMITTEE IS RESPONSIBLE FOR ALL LIABILITY FOR PERSONAL INJURY;OR-PROPERTY DAMAGE WHICH MAY ARISE OUT OF'WORK HEREIN PERMITTED OR - WHICH MAY ARISE .OUT• OF THE USE OR POSSESSION OF SAII11WORKS, AND IN THE EVENT ANY CLAIM I.S MADE AGAINST THE CITY OF NEWPORT BEACH OR ANY DEPARTMtNTj OFFICER, OR EMPLOYEE THEREOF, THROUGH, BY REASON OFA OR I ' N CONNECTION WITH SUCH WORKI'PERMITTEE SMALL DEFEND' INDEMNIFY AND HOLD THEM, AND EACH OF THEM, HARMLESS FROM SUCH 'CLAIM. 7. REVOCATION OF PERMIT-. THE RIGHTS 61VEN UNDER THIS PeRMITARE.PERM.ISSIVE ONLY AND THE CITY OF NEWPORT r BEACH RESERVES FULL RI GMT, POWER AND AUTHORITY TO REVOKE I THIS PERMIT AT ANY TIME. IN THE EVENT THE PERMITTEE FAILS TO REMOVE 4AIR.WORKS,WITHIN THE TIME SPECIFIED, THEN THE CITY ENGONECO�S'#;IALL HAVE THE RIGHT TO IMMEDIATELY REMOVE SAME AT THE COST AND EXPENSE OF THE PERMITTEE. 8. REPAIR THE PERMITTEE SHALL KEEP THE STRUCTURES ON GOOD REPAIR AT ALL TIMES. FAILURE TO REPAIRYWHEN WRITTEN;NOTICE HAS BEEN GIVEN TO THE CITY ENGINEER, SHALL BE CAUSE FOR THE REVOCATION OF THE PERMOT. t� t_-- '�`% 'reeyy- � :HwLBOw 33*30' y �04aNR TVIT F T C H wcsr ��rry i A ER3( ( N�Ewvowr BaY, su IFORNIA O , i lcrrr oundings orCssed /rr feet on:d d�r,afe � �pfhs belo �/� o.'� Lowar Low Wafer. �v;oxi.,sctrr, are Ilk �y. ^ 11 yf�{'1'Q fi= 2- s1C1 NS:E% t,Ii. • IFF, typical Elevation yj . to sc.SMfle 30 -inch cover typic al. pqe to drain to Q.N.B. public sewer. OExisting pier float per City of Newport Beach Standards. Dbl. di brain aP PumP wlball valve 3 inch diameter flexible Tygon inner -braided tubing. Ryan-Herco $ 0030-325. Dacron coni reinfazced hose 6 -inch z 6 -inch a branch fitting. 19 Vitrified Clay or SDR 2 operation. Cenlcai pump unit alternate requires pie ©1 app by C.N.B Pipe support clamp for 3 -inch PVC. r1T-Grinnell flg N 262 dbl. hot-dtp galvanized after fabrication. pipe -35 PVCY 6 -inch CML DIP class 52 FOE spindle. WrapPedw/8, loose 120 volt power disconnect switch for air 12 compressor. Heavy stainless steel aircraft cable hose support Connect to loat mil' polyethylene. Q 6-mch Vitrified clay pipe or SDR -35 O Type W Copper or stainless stl. tube airline.Q ramp via stainless steel hardware. 3 -Inch bronze ball valve. James Jones. Ford PVC sewer lateral. On-site pipe. VCP V PVC sewer clean-out 0Pneumatic 5 air compressor. Ingersoll-Rand or approved al w/ 30 or equal M.I.P. inlet & outlet Connect to hose w/ 2 clamps, 6 -inch ductile iron blind riser pipe Cut ® riser p u length. gal. receiver tank i Pressure &volume to h pumping unit ® matc flange tapt 3-1/2' w/ F.I.P. thread. Install nylon insulating bushing 3-1/2" 3'. ® Pace clamps 10 ft cc. see item #11. g O3 -inch diameter fl anger PVC swing check valve. Asahi America or Ryan -Herrn brand. x Grout sewer pump out connection i concrete bulkhead P Ping into existing panel w/h!@r early strength. Waal-shri �} Stainless steel or dbl. hot dip poly lag bolt Two each end of bracket O 3 -Inch diameter flanged PVC gate valve. Asahi-America or an-Herco brand cement grout compound. Burke Concrete Products or equal Stainless steel acoordtan type adjustable hose clamps. 2 Existing dock float trim timber Pressure treated 2' z 8' or larger. g03 -inch diameter schedule 80 heavy -wall. ultraviolet protected PVC solvent weld Joint &fittings. ea 8 -inch diameter sewer clean-out assembly. Refer to C.N.B. sward drawing STD -400-L Reinforced fiberglass pump/comp. enclosure: LVestem Power Products or ®Pres !roved equivalent Bolt down to rittiPiping Provide PVC ANSI flange Pipngs where appropriate. 18 6 -inch diameter 45' 1 radius sweep ell. Vitrified clay pipe or SDR -35 PVC Wdstsng wooden float deck w/heavy dbL hot -dip galvanized lag bolts• g/ J Bronze or stainless steel quick-ccamect coupling. with gasketed bell & spigot joints. Connect to sch 80 PVC via slip x M.I.P. adapter. CITY OF NEWPORT BEACH Drawn Marine Department J. Staneart date: December 5, 1988 APPROVED: NUUME DEPARTMENT DIRECTOR Marine Pump -out Station APPROVED` PUMC 0 rc.e no 12806 DRAWING NO. STD - 410 - L a ♦ TJi� �'� � � � fL �{:)"i�.:e�+`r''yT.�YdA':�e`!�i°a'M�: ,YM.-S�rm, a• '% r'+vs ,' ! i q' t o r ID 0-0 2 30 /G S/oMd=Os1:.1O.1+1 .vs..-�"y\f�o���ri�-,�`�` �—•4�-_ -�'��!. OfAll,���e�ta3�leA?oRN�pA� �DY� �M cowomA vtw, V1 lNITY SKETCH So w,,iv \r NEWPORT 8AY• CALIFORNIA sa A. t OV o 10 20 o So.��d�nys yr C cr vnc3scd fr- t�in�� .ir"�o�- ilr.!>/hs li be/ow Aileon L ower l_ ow /�Yotei- if/1ow'n-+•.e - -n ro��yr ref PApHiC SGs1LE /'ide 000i-o.+-emote/y /O feet ff�rhoi' L encs o� r_ iA/ FEET ,. Stob/ishcc/ ; , /h,s .SCCI161? 'Vew/-oi-t /�.9'Lt/f�p,ezT• BAY ALAN 0 14 20 a_ oQ2go 2,0'vs/obs fzo I/ BA s�nE ��c r }U �, ¢ 3 e4 YS/GrE SACT M MMB 3. �• 3B 35' 3 -5 30' 30' 30' 14 �a. p2D�03E0 � , //1/EtciA/of2T BAY � /f/�'u/�o/t �Ocfi� COIr �,6 E• Bo� Ave. .8a/600, GO�'F z �u r � 24 A wo w X10 a MLLuJ ,-- SEE DETAIL "15" Elm 3 C K SEE DETAIL fi h n SEG. NO.: 1406-1638 -1 -1 oto rr rr c � RTE, 2, BHT. 546 CV N r PL. SUBMARINE CABLE, � r / / le -loo, '*'� "�N\ \ EL. (129) ABOVE ML.L.W. TOP WALL -1,d SE �4v L tQ EX SURFACE (SAND) « •c^:t. ::^.rte :::::::.::::.:•::: _- c3iFizi�:=.-i:Fiii•?�i'z'i =>:i TA: S':I:..:.. _..... .1::..«... J ».�.:'t:.'.: SL'Y.:'.�l �:t': :.3.�...�5..•. .JT::.~^•-. '.... (1 DETAIL "13" / LOOK WEST NOT TO SCALE % FA Liq ti` _1, EXCAVATION r r 21 20 19 !V I_ r14951,41111121+L i' GA. L=564.94' 1 PL. 1459 TR FT. 1 -BURIED 5U3MARINE GA. 1482 CA5LE FT. DIA. W.W. = 1135` CABLE FT. �I SEG. NO.: 1406-1638 -1 -1 oto rr rr � RTE, 2, BHT. 546 BREAK-OUT EXIST. GONG. ENCASEMENT, r PL. SUBMARINE CABLE, � r PL. ENCASEMENT IN KIND AS SHOWN BELOW. L� • r: sr rr rr CA FORKERT INTRODUCTION OF SAME AT HIGH TIDE FOLLOWING CONSTRUCTION. AGGREGRATE EXCHANGE ENGR: JK KATZENSTEIN (114) 259-4403 N n Lu . - n n rt w SUBWAY INSPECTOR: D.M. MAITLAND (114) 669-2383 ri �i ri lQu U1 '- COMMENCED 19_._.. COMPLETED 19 RECONCILED 40'VC 1 PACIFIC BELL CEMENT ASSOCIATION. :C:AL-40.86- e CA. L=20.36' Liq ti` _1, EXCAVATION r r 21 20 19 !V I_ r14951,41111121+L i' GA. L=564.94' 1 PL. 1459 TR FT. 1 -BURIED 5U3MARINE GA. 1482 CA5LE FT. DIA. W.W. = 1135` CABLE FT. SEG. NO.: 1406-1638 21 20 19 !V I_ r14951,41111121+L i' GA. L=564.94' 1 PL. 1459 TR FT. 1 -BURIED 5U3MARINE GA. 1482 CA5LE FT. DIA. W.W. = 1135` CABLE FT. Lu w PROFILE SCALES: LInQI7nNT.&I . 1":5D` SENGN MAW N81-4-11 IN THE NORTHEAST PART OF THE INTERSECTION OF BALBOA BOULEVARD AND F STREET, 81 FEET SOUTHEAST OF THE CENTERLINE OF F STREET, 213 FEET NORTHEAST OF THE CENTERLINE OF BALBOA, 213 FEET NORTHEAST OF THE T H ANGLE A T E E TO THE EAST, E T CENTERLINE PROLf�ICsATION OF HE BOULEVARD POINT IN THE NORTH CURB LINE, 2.4 FEET NORTH OF A CONCRETE LIGHT POLE T, ABOUT (NUMBER NA) AT THE EAST EDGE OF A DRIVE, M A CONCRETE POS I FOOT SOUTH OF EDGE OF WALK AND LEVEL WITH THE WALK, 1916 ELEVATION 5.480 SEG. NO.: 1406-1638 -1 -1 rr rr RTE, 2, BHT. 546 BREAK-OUT EXIST. GONG. ENCASEMENT, r PL. SUBMARINE CABLE, � r PL. ENCASEMENT IN KIND AS SHOWN BELOW. L� • r: sr rr rr Lu w PROFILE SCALES: LInQI7nNT.&I . 1":5D` SENGN MAW N81-4-11 IN THE NORTHEAST PART OF THE INTERSECTION OF BALBOA BOULEVARD AND F STREET, 81 FEET SOUTHEAST OF THE CENTERLINE OF F STREET, 213 FEET NORTHEAST OF THE CENTERLINE OF BALBOA, 213 FEET NORTHEAST OF THE T H ANGLE A T E E TO THE EAST, E T CENTERLINE PROLf�ICsATION OF HE BOULEVARD POINT IN THE NORTH CURB LINE, 2.4 FEET NORTH OF A CONCRETE LIGHT POLE T, ABOUT (NUMBER NA) AT THE EAST EDGE OF A DRIVE, M A CONCRETE POS I FOOT SOUTH OF EDGE OF WALK AND LEVEL WITH THE WALK, 1916 ELEVATION 5.480 I. (8.45') AOVE M.LL.W. / `L8 B IOP WALL -1 V �i v lu lEX ENCASE. e}. .r °4 e 5.5 5 DETAIL "All LOOK EAST / NOT TO SCALE / (K W F- 2 NZ,n!--sEE DETAIL "A" R/w SEG. NO.: 1406-1638 -1 -1 .4 RTE, 2, BHT. 546 BREAK-OUT EXIST. GONG. ENCASEMENT, SCALE: 1"=50' PL. SUBMARINE CABLE, PL. ENCASEMENT IN KIND AS SHOWN BELOW. CONCRETE MIXTURE SHALL BE SUITABLE Ups. DESIGN ENGPR- M.B. ANDREWS (114) 666-5112 FOR ACCEPTING SALT WATER AND EARLY CA FORKERT INTRODUCTION OF SAME AT HIGH TIDE FOLLOWING CONSTRUCTION. AGGREGRATE EXCHANGE ENGR: JK KATZENSTEIN (114) 259-4403 AND RS.I. RATING AS WELL AS TYPE SUBWAY INSPECTOR: D.M. MAITLAND (114) 669-2383 OF MIX SHALL BE DICTATED BY THE lQu MANUAL DESIGN AND CONTROL OF COMMENCED 19_._.. COMPLETED 19 RECONCILED CONCRETE MIXTURES BY THE PORTLAND DATE REVISIONS PACIFIC BELL CEMENT ASSOCIATION. a NEWPORT BEACH EXCHANGE 5AL50A C.O. AREA UBMARINE CABLE CONST. ,clot� oo° a�° lab 1ls 14 13 12 a w� 11 III w a w ®w a o w 0 +20 i + V/-+i0 t Uu w z fl 0 MLLtU i SEE DETAIL "A" z wUA o� Lu U Ga 383 A3 I dPE 3:1 -2Q 41'ln*,n in in 5VC A. L=30.57' t3 � cv ■ n � Lu 10 10 IV 10° 20' 20' 232. ---- 1t TR Lk CA. L=40.56' I. (8.45') AOVE M.LL.W. / `L8 B IOP WALL -1 V �i v lu lEX ENCASE. e}. .r °4 e 5.5 5 DETAIL "All LOOK EAST / NOT TO SCALE / (K W F- 2 NZ,n!--sEE DETAIL "A" R/w JN. 3013 1 WG. LENT) 1944X Dun 2. 155.1 SEG. NO.: 1406-1638 T.Gpt 919, E-2 NOTE=' "A" MAP NO.: .SUBMARINE CABLE BHT. 2 RTE, 2, BHT. 546 BREAK-OUT EXIST. GONG. ENCASEMENT, SCALE: 1"=50' PL. SUBMARINE CABLE, PL. ENCASEMENT IN KIND AS SHOWN BELOW. CONCRETE MIXTURE SHALL BE SUITABLE Ups. DESIGN ENGPR- M.B. ANDREWS (114) 666-5112 FOR ACCEPTING SALT WATER AND EARLY CA FORKERT INTRODUCTION OF SAME AT HIGH TIDE FOLLOWING CONSTRUCTION. AGGREGRATE EXCHANGE ENGR: JK KATZENSTEIN (114) 259-4403 AND RS.I. RATING AS WELL AS TYPE SUBWAY INSPECTOR: D.M. MAITLAND (114) 669-2383 OF MIX SHALL BE DICTATED BY THE MANUAL DESIGN AND CONTROL OF COMMENCED 19_._.. COMPLETED 19 RECONCILED CONCRETE MIXTURES BY THE PORTLAND DATE REVISIONS PACIFIC BELL CEMENT ASSOCIATION. NEWPORT BEACH EXCHANGE 5AL50A C.O. AREA UBMARINE CABLE CONST. mrnmr nATF I OFFICE I FIELD JN. 3013 1 WG. LENT) 1944X Dun 2. 155.1 EXCAVATION DATA wz- I rlz4M;.M L< I I a IMP_ t DATA TR. LN. DATA R = 58510, R = 561.10, L 13.91' L = 13.34' A = 01*21'33" A x 01*21'33" COV AT M.H. 214 SOUTH WALL LOOK SOUTH 0 'IT .51, Z - X--,- 14 �1� V, N SEE MG. I SEE DWG. 2 .-wow .00vo TRENCH LINE CURVE DATA IBENr,k MARK N151-4-11 IN THE NORTHEAST PART OF THE INTERSECTION OF 13AL130A BOULEVARD AND F SMET; 81 FEET SOUTHEAST OF: THE CENTERLINE OF F STREET, 213 FEET NORTWAST OF THE CENTERLINE OF 5ALBOA, 2-7.3 FEET NORTHEAST OF THE CENTEPJ-INE PROLONGATION OF THE BOULEVARD TO THE EAST, AT THE ANGLE POINT IN THE NORTH CURB LINE, 2A FEET NORTH OF A CONCRETE LIGHT POLE (NUMBER NA) AT THE EAST EDGE OF DRIVE, I C POST, I FOOL SOUTH OF EDGE OF: WALK AND LEVEL WITH THE WALK 11316 ELEVATION 5.490 m PL. 141 TR. FT. I -BURIED SUBMARINE CA 141 CABLE FT. DIA 2 W.W. - 1135' CABLE FT. 0 SEG. NO.: 1Ch406-1638 im = 12 MAP NO.: SUBMARINE CABLE SHT. 2 RTE. 2, SWT. 5 t SCALE: I"z20' U44 DESIGN ENGR. M.B.ANDREU* (114) 666-5112 C.A. FORKERT EXCHANGE ENGR: JJ<. KATZENSTEIN (114) 259-4403 SUIBWA'r INSPECTOR. D.M. MAITLAND (114) rp69-2383 COMMENCED1R--COMPLETED -19- RECONCILED DATE REVISIONS PACIFIC BELL NEWPORT BEACH EXCHAGS BAL.50A C.O. AREA 5U5MARINE CABLE CONST. JN. 3013 D WG. LE01) 1944X I I I Duic-s 3. 155.1 IBENr,k MARK N151-4-11 IN THE NORTHEAST PART OF THE INTERSECTION OF 13AL130A BOULEVARD AND F SMET; 81 FEET SOUTHEAST OF: THE CENTERLINE OF F STREET, 213 FEET NORTWAST OF THE CENTERLINE OF 5ALBOA, 2-7.3 FEET NORTHEAST OF THE CENTEPJ-INE PROLONGATION OF THE BOULEVARD TO THE EAST, AT THE ANGLE POINT IN THE NORTH CURB LINE, 2A FEET NORTH OF A CONCRETE LIGHT POLE (NUMBER NA) AT THE EAST EDGE OF DRIVE, I C POST, I FOOL SOUTH OF EDGE OF: WALK AND LEVEL WITH THE WALK 11316 ELEVATION 5.490 m PL. 141 TR. FT. I -BURIED SUBMARINE CA 141 CABLE FT. DIA 2 W.W. - 1135' CABLE FT. 0 SEG. NO.: 1Ch406-1638 im = 12 MAP NO.: SUBMARINE CABLE SHT. 2 RTE. 2, SWT. 5 t SCALE: I"z20' U44 DESIGN ENGR. M.B.ANDREU* (114) 666-5112 C.A. FORKERT EXCHANGE ENGR: JJ<. KATZENSTEIN (114) 259-4403 SUIBWA'r INSPECTOR. D.M. MAITLAND (114) rp69-2383 COMMENCED1R--COMPLETED -19- RECONCILED DATE REVISIONS PACIFIC BELL NEWPORT BEACH EXCHAGS BAL.50A C.O. AREA 5U5MARINE CABLE CONST. JN. 3013 D WG. LE01) 1944X I I I Duic-s 3. 155.1 i mlm� REEM521yareM P -1Y e!�XI_577, RIC tt -to' T1 4c7 Z74 C • V0 —5 W.,,V 4kL e5l1V k4 k-7 DRAWN l0YksoA.1 NO. DATE MARINE CONSULTING & DESIGN. 2400 W. COAST HIGHWAY NEWPORT _BEACH, CA 92663 2206 714 642 600 6;P66-h4mme 10 (::44 SUITE F� • or smCKT9 - NOR I F >1 IV mlm� REEM521yareM P -1Y e!�XI_577, RIC tt -to' T1 4c7 Z74 C • V0 —5 W.,,V 4kL e5l1V k4 k-7 DRAWN l0YksoA.1 NO. DATE MARINE CONSULTING & DESIGN. 2400 W. COAST HIGHWAY NEWPORT _BEACH, CA 92663 2206 714 642 600 6;P66-h4mme 10 (::44 SUITE F� • or smCKT9 - NOR I 77- vv -of _ . _ ILI ° ---------- re x s�� Cl ti r V t i r � l w x �t r Y