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HomeMy WebLinkAbout119-223CITY OF NEWPORT BEACH FINAL LETTER - COMPLETE HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660 Tom Rossmiller - 949-644-3041 / Chris Miller - 949-644-3043 FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915 Nadine Morris - 949-644-3105 SOUTH COAST SHIPYARD Permit number: HC2004-032 ATTN: PETE STEWART Location : 223 21ST ST 223 21 ST STREET Status: CLOSED NEWPORT BEACH, CA 92663 Dear Commercial Pier Permittee, 10/08/2004 This is an acknowledgement letter stating that you have successfully corrected the violations previously noted in the City report that was sent to you earlier this year. Your docks have met the minimum standards as set by The City of Newport Beach Municipal Code. Your actions will help reduce the potential for fire related injury and property damage in Newport Harbor. Please remember that it will be your responsibility to ensure that your docks maintain this level of safety in the years to come. The Harbor Resources and Fire Departments will be conducting routine inspections of your property in the future. Thank you for your compliance. Please feel free to give us a call if you should have any additional questions. DATE COMMENTS CHRIS MILLER - HARBOR RESOURCES SUPERVISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page 1 of 1 IV L Y { 'I I � �'r+..'/i� � �1-//✓Ll i���� iI �/��NQwPO4l 1 Y\,`� ��.\d R/\ � ®RGEOA � ,� �C.// V ✓ i VS i+ 0 !V ¢ S Y S k r 6 \.e xrest J6Tfy �JSlrY Nrrw�©ar r�.eY, Cac irosakra YQ r r � F SoZ/,-') 95 oi, e,r,ores5ed r» ferr< ©nd dapr;,s ba/ow M►0,7 Lo,vB. Lo.er b✓ofer. ti%rr.wrti�n ron9e of ��d aPprvxrmo�e/y rO firer. Haroor /.:re5 One esto.hllgt,ad rv7 �h:5 . sec>r�o.7 of NewPorf any O r , Z 07-- / 0� .L L- I '_ I 8 ` _ f'l�O PC9Srp /Gg 1-4 Q 7r, ,�i.v� .,/4 /41 -� -- - I �/ 2 2 3 2/ s f S�T/IGL r Cc�cJr�zAC r-O Z OA rE CITY OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUS�rC-r TO THE PROV-SIONS OF THE HARBOR PERMIT POLI-C,"ES 07 W!"tNPORT BEACH ANE ANY SPECIAL CONDITIONS L-STED, THIS PERNIV IS NOT TRANSFERABLE %V' 'TNi'UT THL VW-1'077Z14 COIPNMENT 01 THE CITY HARBOR CQ0FRDINIATOR OR CITY CIUUNCIL. THi RIGHTS GWEN UNDER THES PER'FBIT ARPE PCHN"'HSSIVE ONL% AND THIS PERMIT MAY BE REVOKED BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. CITY Hr"W COORDINATOR PERMIT NO. DATE SPECIAL CONDITIONS: Corps of Er, gineers Permit Orange Courity Permit Other. c5k--n Z- c-r- -r T CONSTRU(-,]TION DATE .... d=1 SEE. ATTACHED SHEET SITE,_ T Goro cash 1p�it' Tvf' OF G'X/ST B�c''D f. B• �' � w 0,0 M1.G.W --- ......„ ,,,�..-'--• L X/ST. I��UZ�.C�I 1 r�%w �`�1, /J`g � � Q ��� '�' " o /f "" -+►.r_ � ,�,.,,, .vt ROW/ off^ + M� '�' a R T lSc.t�v� a 0 aEcwssE V i L I fV I 1. i S X E i C N �,,. wtsr J67'TY Ewan NMWPO zr 5AY1 cu �co sN,A IS A . SoUnd�n95 o.-e eXoressed In feed and de„olfe drp�f+s belOW A-ieon LOwgrr LOW. Woven Wt7x".r "7 rcn9e of f;dc tdpproxia»o-le/y /O A-e4 t%ar6or /ne5 are esiob/e'shed in 7' "s : secfioq olrNcw`porf Sor. r t A31'* pe I v. COavrC�U��' ►k) !.A V.4",O 7_0 A C7— 914 e S io qd c�0 n sloe-y&A�WA 4-R C:TY OF NEWPORT BEAD PERMISSION M HZ-REBY TV, CONSTRUCT AM MAINTAIN. THE FACWTY 5HOWN OF iR3REVERERE-OF, corps permit ��: THE HARBOF PE ARD tea' � r � � � rt� ANY S+3'EC ,it L 'Oth' Is NOT 7 W HT S GX Y-.N' '�.1 '� 5h q.�� . �,., .�' t�L .--'•ks�ta e , f t i;°a . ,':$ja .i..,J.i` `dL iV i'�L i MARBOR COORDI" ATU �, � ...... PERMIT 0. BUYERS'' NAME(S) �s 5 0 6.ou si7 )�,N&w, �ffG c ADDRESS OF FACILITY:' Y I PERMIT # / MAILING ADDRESS TELEPHONE N0. FEE CHECK NO. I DATE APPROVED BY: DATE APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT OCHD ❑�rj',Q./jf� � p �� /�iii .r �v�! ENG SELLERS' NAMES ee��s� / MEES TO BESTYYPED) ) El COUNCIL PUBLIC WORKS El SIGNATURE OF SELLER SIGNATURE OF BUYER DEPT. ESCROW SIGNATURE OF SELLER SIGNATURE OF BUYER INSPECTION SIGNATURE OF JO T NER APPLI N P OV (DATE) � 1,, CI B DINATO SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY;THEEOCITY COUNCIL IN ACCORDANCE WITH TITLE 1 7 OF THE MUNICIPAL CODE. CITY OF NEWPORT BEACH. CALIF. WX FORM 06-1013 RHV, ADDRESS OF FACILITY I PERMIT # - � E - BUYERS' NAME(S) :. TELEPHONE NO. FEE ✓CHECK NO."'D ATE A MAILING ADDRESS�d'"' I APPLICATION 15 HEREBY MADE 70 TRANSFER. HARBOR PERMIT APPROVED BY: PATE ,.,.. ..,,. .� OCHD SELLERS' NAME(S) BUYERS' NAME(S) ❑ (ABOVE NAMES TO BE TYPED) ENG ❑ COUNCIL SIGNATURE OF SELLER SIGNATURE., OF BUYER ❑ PUBLIC WORKS - SIGNATURE OF SELLER SIGNATURE OF BUYER ESCROW INSPECTION ..SIGNATURE OF JOINT OWNER -� �..' ,,•.,; - APPLICATION APIFROVED (DATE), CITY HARBOR COQR`DINATOR THIS PERMIT IS REVOCABLE BY THE.CITY COUNCIL IN ACCORDANCE WITH TITLE 17 SPECIAL CONDITIONS: OF THE MUNICIPAL CODE. CITY OF NEWPORT BEACH, CALIF:- Wx FORM e6a013 REV. V7 ire Memo TO: 12.�w 4,-z, FROM: I-�-�;X/,�W,� SUBJECT; ;7 COPIES TO: CITY OF Q��WPORT NEWPORT BEACH, SIGNATURE DATE: DISPLAY BUSINESS RECORDS: DISPLAY EXIT DISPLAY BUSINESS RECORDS --------------------------------------------------------------------- 05/19/98 BUSINESS, NUMBER CP11902231 TOTAL DUE 2941.66 BUSINESS NAME PENINSULA SHIPYARD SERVICE ADDRESS 223 21ST ST APT NEWPORT BEACH, CA ZIP 92663 BILLING ADDRESS SOUTH COAST SHIPYARD CYCLE A TAX Y PENALTY N 223 21 STREET PROPERTY ID NEWPORT BEACH, CA UNAPPLIED CREDIT 0.00 92663 SERVICE TITLE BILL REF DATE BILLED PAID DATE PAID CPIER 1998-02 02/03/98 1357.30 0.00 CPIER 1997-02 02/05/99 1411.59 0.00 08/21/97 CPIER 1996-02 02/01/99 1111.59 1000.00 09/24/97 CPIER 1995-02 02/07/99 1061.18 1000.00 09/24/97 CPIER 1994-02 02/01/94 0.00 0.00 08/25/97 1 PRESS ESCAPE FOR NEXT SCREEN PO CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY v P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 August 7, 1997 Pete Stewart South Coast Shipyard 223 21 st Street Newport Beach, CA, 92663 RE: Pier Permit for Shipyard Dear Pete: Thank you for taking my call on August 6, 1997 relative to this matter. As you advised, one check for $1,000 was submitted to the City in July, a second check for $1,000 has been submitted to the City at the beginning of August, and you anticipate paying the remaining $1,218.75 within the next thirty (30) to forty-five (45) days. On behalf of the City of Newport Beach, thank you for your courtesy and cooperation in resolving this matter. Once the remainder is paid, I will close my file. Very truly yours, -1 xq 1,4 DANIEL K. OHL Deputy City Attorney DKO:gb cc: Wes Armand, Fire and Marine F:\cat\codeenfMefter\PSpdpermit.doc 3300 Newport Boulevard, Newport Beach P— CITY OF NEWPORT BEACH 0 �. OFFICE OF THE CITY ATTORNEY V ? P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 April 30, 1997 Pete Stewart South Coast Shipyard 223 21 st Street Newport Beach, CA, 92663 RE: Pier Permit for Shipyard Dear Mr. Stewart: I have received and reviewed Harbor Inspector Wes Armand's letter to you dated February 24, 1997. As I understand it, you agreed to pay past due pier permit fees totaling $3,218.74 for fees due for 1995, 1996 and the current year. Unfortunately, Mr. Armand has not received payment to date. We need to get this matter resolved as expeditiously as possible in order to avoid further proceedings. Our next option would be to set this .matter for revocation of the pier permits which we hope to avoid. Please contact Wes Armand at your earliest convenience and provide past due fees as promised. DKO:da cc: Wes Armand, Fire & Marine Dept. Janine Akstinas, Administrative Services F:\cat\da\codeenfietter\PSdues.doc Very truly yours, DA EL K. OHL Deputy City Attorney 3300 Newport Boulevard, Newport Beach NEWPORT BEACH FIRE AND MARINE DEPARTMENT April 8, 1997 Pete Stewart South Coast Shipyard 223 21st Street Newport Beach, Ca 92663 Re: Pier Permit for shipyard Dear Mr. Stewart: On February 24 and 26 I sent you confirmation of the City's acceptance of the agreement, worked out between us, to receive payment for the past pier permit fees and the current year in three installments (see attached). This arrangement was for 1995, 1996, and 1997. You agreed to begin in March. To date there has not been any payment. Is there a change in your intention to meet the terms of this agreement? I have re -inspected your pier for verification of the corrections and found that it conforms to City standards. We are ready to transfer the permit into the name of South Coast Shipyard, however, as indicated in the above mentioned letter, I cannot transfer the permit until there is a satisfactory arrangement for payment of the pier fees and a good faith payment. You may contact me at 644-3043 if there is need for further discussion regarding this matter Sincere Wes d Harbor Inspector +714-644-3073 NEWPORT BCH REVENUE 602 P02 T;N 16 1517 IF3: co cz I OQ OWMA"'m 0 0 . . I I NEWPORT BEACH FIRE AND MARINE DEPARTMENT February 26, 1997 Pete Stewart South Coast Shipyard 223 21st Street Newport Beach, Ca 92663 Re: Pier permit fees Dear Mr. Stewart: I notified the Revenue Division of the arrangement to pay the fees due for 1995, 1996, and 1997, in three installments. March, April, and May. Please contact me if there is any problem with the above terms. Sincerel r' Wes Armand Harbor Inspector 0RT 8 Y: 1 NEWPORT BEACH FIRE AND MARINE DEPARTMENT February 24, 1997 Pete Stewart South Coast Shipyard 223 21st Street Newport Beach, Ca 92663 Regarding: Pier Permit for shipyard Dear Mr. Stewart: Recently we discussed the past due pier permit fees owed for 1995-1996. You agreed to pay for these years. The amount due for 1995,1996 and the current year is $3218.74. This total does not include any penalties. The City has agreed to waive the past due penalties and transfer the permit into your name, once this amount has been paid, and the docks re -inspected to verify the corrections have been made. Please pay the above stated amount before March 5, 1997. If you require additional information or need to discuss anything in regards to this matter, please call me at 644-3043. Sincerel , Wes Armand Harbor Inspector cc: Daniel Ohl Janine Akstinas NEWPORT BEACH FIRE AND MARINE DEPARTMENT February 11, 1997 Pete Stewart South Coast Shipyard 223 21st. Street Newport Beach, Ca. 92663 Regarding pier permit 11902231, for the pier and docks bayward from 223 21st Street, Newport Beach, and associated fees. Dear Mr. Stewart: Mr. George Dussin, Dussin Investment Company, who has the master lease on the property at 223 21st Street, has informed this office that you took over as operator of the shipyard at the above address on January 1995. Please provide this office with any documentation that is contrary to Mr. Dussin's information pertaining to the starting date of South Coast Shipyard at 223 21st Street. If it is your intent to pay the permit fee for the period the business has been owned by you, this information is needed. Until there is a satisfactory arrangement for payment of the delinquent fees, all fees paid will be applied to cure the past due bill for the pier permit. Pier permit statements for 1997 were recently mailed out. Please advise this office if you did not receive the 197 statement. Regarding the pier inspection, please call 644-3043 when all deficiencies have been corrected and you are ready for re -inspection. If you require additional matter, please call me at S' nqerel , i 4e d Harbor Inspector cc: Daniel Ohl George Dussin information regarding this 714-644-3043. 14 / � 14 --- S) �-? e�w� — 75;�� — 2GOO r/mlix-1/i/e I �W pO�T °4> CITY OF NEWPORT BEACH RO. BOX 1768, NEWPORT BEACH, CA 92658-8915 9�lFORa �- 2- January 28, 1997 George Dussin c/o Dussin Investment Co. P.O. Box 8108 Rancho Santa Fe, Ca. 92067 Dear Mr. Dussin: The City of Newport Beach is attempting to transfer the pier permit for the structure bayward from 223 21st Street, Newport Beach. This property is the location of the South Coast Shipyard. According to information we have received in interviews with the owner of the South Coast Shipyard, and owner of the Peninsula Shipyard, you have the long term or master lease for this property. The pier fees for 1994-1996 are uncollected. This account must be brought current. Attached are recent correspondence in regards to this matter. Please call Daniel Ohl in the City Attorney's Office as soon as possible to discuss this matter. Sincerely Wes Armand Harbor Inspector, City of Newport Beach 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH U P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 ..�, C"�GtFpFt� P January 28, 1997 Pete Stewart South Coast Shipyard 223 21st Street Newport Beach, Ca. 92663 Re: Harbor Permit 119-0223-1 for 223 21st Street, Newport Beach Dear Mr. Stewart: The City of Newport Beach Marine Division has received a request to transfer pier permit 119-0223-1 for the above mentioned property. The facility was inspected by representatives from the City's Fire Marshalls office, Building Department and the Fire and Marine Department Harbor Inspector. We cannot transfer the pier permit until the following deficiency has/have been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: 1. There is broken conduit on the electrical service that must be repaired or replaced. 2. The wiring to the lights on the handrail cannot be inside the railing but must be in conduit outside the railing. Senior Building Inspector Ray Baltera has found an unsafe situation in your workyard and has requested this office to put you on notice that the electrical shore receptacles (the outlets in your yard that are mounted above the deck) pose an imminent danger to your employees. These receptacles should be converted to GFI. Mr. Baltera wants this office to stress the importance to pay special consideration to the electrical systems because of the existence of wet locations in your work yard. Mr. Baltera can be reached at 644- 3261. The Newport Beach City Council Harbor Permit Policies state: 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. All structural deficiencies must be corrected prior to transfer of the permit." 3300 Newport Boulevard, Newport Beach PLEASE ADVISE THIS DEPARTMENT' WHEN THE ABOVE DEFICIENCIES HAVE BEEN CORRECTED. Please call 644-3043 to request a re -inspection. In addition, the permit cannot be transferred until a satisfactory arrangement has been finalized for payment of the overdue pier permit fees for the period of 1994-1996. In discussions you indicated your willingness to pay the fees for 1996 and half of the i995 fee, less the penalties. This is for the period the business has been owned by you. Daniel Ohl, Deputy City Attorney, will still seek to recover the remainder of the fees from the property owner. The fee for 1997 will be sent to your attention. If you need further information in regards to the information in this letter, please call 644-3043. Sincerely, Wes Armand Harbor Inspector cc: Daniel Ohl Tony Melum Russ Cheek Ray Baltera Janine Akstinas MEMORANDUM Newport Beach Fire and Marine Department Date: January 15, 1997 TO: Daniel Ohl From: Wes Armand Subject: Peninsula Shipyard, delinquent pier permit fee'. Daniel, I spoke to the current operator at the location formerly known as Peninsula Shipyard yesterday and together with the interview I had a few days previous with Mr. Perkins, one'iof the past owners and current owner of the Peninsula Shipyard, I think I have the main facts regarding the property. The property owner is one Victor Swanson, who has had the', property for about 20 years. George Dussin has had the master lease for about the same number of years. The operators have changed along with the fortunes of the boating business from Peninsula Shipyard to American Pacific Shipyard to Newport Harbor Shipyard, to the current proprietor, Pete Stewart of South Coast Shipyard. We have kept the pier permit in the name of the business operator, but obviously have lost tract of who that is the last two years. According to Pete Stewart, he will pay the fees for the years he has owned the business, however, he contests the obligation for him to pay the previous fees. He believes we are remiss in not getting the statements into the correct hands. Be that as it may, he is willing,to pay the regular fees for 195 and 196 minus the penalties. How much more we can get from the others is suspect. What should we do about the rest of the monies? Does M.C. Section 17.24.030 gives us the authority to require the property owner to bring this bill current? The permit can't be transferred without the City being notified. Let Tony or me know your your thoughts. I will get the permit into Stewart or Dussin's name soon. We have to go through the normal transfer procedure which requires an inspection of the docks and a $300 transfer fee. You can reach Pete Stewart at 675-2837. cc: Melum / 1q, lz;o -3 ----------- 1--'�1-7- Sk-E —iCH wjjr Ngw�-Owr aA Y, C.4,L 1;*OJaNiA 12 kr I S'0Z/,,nd,11q5 0,-0 rn and r4:7"ge of f:de Alorhoe ore eZr104bShed/;7�hi5C C -4"a'p? of "Vd W,'000 t bar ro A7 1.4 iv s y__- — yl^ G 23 — 2/ sr '41 Ae Z:- L �cAlrqA C rO, Y /f .� r 1 � � ;, �i �; - ---- r�--- .�/ --- f -- _ _ - - , � ! /..�e��------ — �/� e .� �a �► �'` ���.� !/ter// � �®.� ,�> /J ��, ii �, �I� ---_-._ _ ------ -- Ttt'-- �i; ;,, = M E T R 0 S C A N P R O P E R T Y P R O F I L E_ Orange County * <<< OWNERSHIP INFORMATION >>> * Parcel Number:047 164 01 * Owner :NEWPORT HARBOR SHIPYARD INC * CoOwner * Site Address :223 21ST ST NEWPORT BEACH 92663 * Mail Address :223 21ST ST NEWPORT BEACH CA 92663 * Phone - Owner: Tenant: * * * <<< SALES AND LOAN INFORMATION >>> * Transferred:02/02/93 Loan Amount * Document # :72658 Lender * Sale Price :$488,511 Loan Type * Deed Type :TRUSTEES Interest Rate: * % Owned :100 Vesting Type :CORPORATION * * * <<< ASSESSMENT AND TAX INFORMATION >>> * Land :$295,539 Exempt Type * Structure :$187,916 Exempt Amount: * Other Tax Rate Area:07001 * Total :$483,455 96-97 Taxes :$6,158.50 * o Improved:39 * * * <<< PROPERTY DESCRIPTION >>> * Map Grid:918 H1 * Census :Tract 635.00 Block 6 * Land Use:32 COM,MISCELLANEOUS USES * Legal :P BK 153 PG 7 PAR A * * * * * * <<< PROPERTY CHARACTERISTICS >>> * Bedrooms Stories :2 Lot Acres:.08 * Bathrooms Units Lot SgFt :3,450 * Total Rooms: Pool :NO Bldg SgFt:2,315 * Air Cond :NO Garage Type: YearBuilt:1981 * Heating GarageSpace: B1dgStyle: * Fireplace Spa Wall Matl: * Dining Room: Family Room: AtticType: * Living Room: Den ******************************************************************************** The Information Provided Is Deemed Reliable, But Is Not Guaranteed. ------------------------------------------------ Buyer :-,NEWPORT HARBOR SHIPYARD INC --------------------------- Price : $488,511 CoOwner:` Xfered: 02/02/93 Title y: Doc # 72658 Lender Deed TRUSTEES Loan Vest CORPORATION Loan$ %Owned: 100 Rate $/SgFT: $211.02 ---------------------------------------------------------------------------- Buyer : SWANSON VICTOR J TR Price : CoOwner: Xfered: Title Doc # . Lender Deed . Loan Vest . Loan$ .Owned: 100 Rate $/SgFT: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. HP-UX dpG50 A.09.04 D 9000/887 (ttyr6) login`: wes` Password: Please wait... checking for disk quotas (c)Copyright 1983-1993 Hewlett-Packard Co., All Rights Reserved. (c)Copyright 1979, 1980, 1983, 1985-1990 The Regents of the Univ. of Californ (c)Copyright 1980, 1984, 1986 Unix System Laboratories, Inc. (c)Copyright 1986-1992 Sun Microsystems, Inc. (c)Copyright 1985, 1986, 1988 Massachusetts Institute of Technology ----------------------------------------------------------------------------- CITY OF NEWPORT BEACH PEI - GOVERNMENTAL RESOURCE SERIE ----------------------------------------------------------------------------- 1. FUND ACCOUNTING DISPLAY BUSINESS RECORDS: DISPLAY EXIT DISPLAY BUSINESS RECORDS --------------------------------------------------------------------- 03/26/ BUSINESS NUMBER CP11902231 TOTAL DUE 9947.08 BUSINESS NAME PENINSULA SHIPYARD SERVICE ADDRESS 223 21ST ST APT NEWPORT BEACH, CA ZIP 92663 BILLING ADDRESS SOUTH COAST SHIPYARD CYCLE A TAX Y PENALTY 223 21 STREET PROPERTY ID NEWPORT BEACH, CA UNAPPLIED CREDIT 0.00 92663 SERVICE TITLE BILL REF DATE BILLED PAID DATE PAID CPIER 1997-02 02/05/97 1085.84 0.00 CPIER 1996-02 02/01/96 872.54 0.00 CPIER 1995-02 02/07/95 1832.37 0.00 CPIER 1994-02 02/01/94 6156.33 0.00 PRESS ESCAPE FOR NEXT SCREEN �EWPp�A CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY U ? P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 c�<�FORN�P (714) 644-3131 December 30, 1996 Peninsula Shipyard 223 21 st Street Newport Beach, CA, 92663 Re: Pier Permit No. CP11902231 Dear Sirs: Please be advised this matter has been referred to the undersigned for further handling. My file reflects that your annual pier permit fees are unpaid as indicated in the letter sent to you dated November 6, 1996. Please make arrangements to pay the outstanding balance as soon as possible in order to avoid further proceedings. DO:de cc: Kevin Murphy, City Manager Tony Melum, Fire & Marine Dept. Wes Armand, Fire & Marine Dept. Janine Akstinas, Fire & Marine Dept. F:\cat\debbie\codeenfo\letter\shipyard.doc Very truly yours, Daniel K. Ohl Deputy City Attorney for the City of Newport Beach 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 November 6,1996 Peninsula Shipyard 223 21st St. Newport Beach, CA 92663 Re: Pier Permit No. CP 11902231 Dear Sirs: The Revenue Division has notified the Marine Environmental Division that the fees for the annual pier permit are unpaid and there is a balance due of $8,861.24. Correspondence relative to revocation of the permit was sent to you on September 6,1996. The City Attorney has instructed this office to forward the name of any pier permittee who is in the arrears on November 20,1996, to his office. Payment of the fee should be made payable to the City of Newport Beach and placed in the enclosed envelop. Sincerely, - Wes Armand Harbor Inspector Marine Environmental Division 3300 Newport Boulevard, Newport Beach California Regional Water Quality Control Board Santa Ana Region August 21, 1996 ITEM: SUBJECT: Order No. 96-52, Amending Order No. 94-26, General Waste Discharge Requirements for Boatyard Operations in the Santa Ana Region DISCUSSION: On June.3, 1994, the Board adopted Order No. 94-26, NPDES No. CACT038001 prescribing general waste discharge requirements for boatyards located within the Santa Ana Region. The Board amended the general permit on July 7, 1995 (Order No. 95-60). Boatyards activities include scrubbing, removal of marine organisms, stripping of antifoulant hull paint, and painting and various other repair and maintenance services. The general permit regulates the discharge of wastes associated with these activities and stormwater discharges from 9 boatyards specifically identified in the permit. On October 24, 199.5, South Coast Shipyards became the new owner/operator of the former American Pacific Shipyard, now known as South Coast Shipyard (South). An NPDES permit application was submitted for coverage under the Regional Board's general permit for this shipyard. Order No. 94-26 is being amended to reflect the changes in the owner/operator enrollees listed under finding 5 of this order and other minor modifications. In addition, a provision is proposed to be added to the order giving the Executive Officer the authority to issue authorization letters to new discharger(s) applying for coverage under the general permit. RECOMMENDATION: Adopt Order No. 96-52, as presented. Comments were solicited f -om the following: U.S. Environmental Protection Agency, Permits Issuance Section - Terry Oda (W-5-1) U.S. Army District, Los Angeles, Corp of Engineers - Regulatory Branch NOAA, National Marine Fisheries Service U.S. Fish and Wildlife Service - Carlsbad State Water Resources Control Board, Office of the Chief Counsel Ted Cobb State Water Resources Control Board, Division of Water Quality - John Youngerman State Department of Fish and Game - Long Beach Orange County Environmental Management Agency, Environmental Resources Division - Chris Crompton Orange County Sheriffs Department - Harbor Patrol City of Newport Beach - Director of Public Works Boatyard Operators in Region 8 California Regional Water Quality Control Board Santa Ana Region Order No. 96-52 Amending Order No . 94-26General Waste Discharge Require is rrtth Plischarge of Storm Water and Wastes Associated with Boatyard Operations O ted Wastes to Lower Newport Bay and Huntington Harbour, ge C ty The California Regional Water Quality Control Board, S to Ana ion, (hereinafter Board), finds that: 1. On June ,3, 1994, the Board adopted Or e 6, N DES No. CAG038001 prescribing general waste discharge require for a ards located with the Santa Ana Region. " 2. ,On July 7, 1995 Order No. 95-60 am rd No. 94-26 was adopted. Order No. 94-26 rkuired enrollees permitted under the eral permit to develop and submit and implement a Storm Water Pol t1 ve tion Plan (SWPPP) for their facility. In addition, it also clarified certain e r wrements (process wastes and storm water) which were incorrectly placed subheading of Storm Water Discharge 't . Requirements. Q 3. Due to changes in o ope tar of some boatyards listed in the order, it is- necessary to amend Order No.26 a ately reflect the list of enrollees. 4. This action is the4a ent of an existing NPDES permit and, as such, is exempt from the provisio o e ornia Environmental Quality Act (Public Resources Code, Section 21Q seq. m accordance with Section 13389 of the California Water Code. 5. The B 8 hn interested parties of its intent to amend Order No. 94-26 and has prov' ed s an opportunity to submit their written views and recommendations. 6, ard, public hearing, heard and considered all comments pertaining to the ro sed amendment of Order No. 94-26. IT I ORDERED that Order No. 94-26 shall be amended as follows: 1. Finding 5, page 2 of 42, is deleted and replaced with the following: Page I of 3 STATE OF CALIFORNIA—CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY PETE WILSON, Govemor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION 3737 MAIN STREET, SUITE 500 r RIVERSIDE, CA 92501-3339 PHONE: (909) 782-4130 FAX: (909) 781-6-6288 July 17, 1996 / / q 2� Z 3 Pete Stewart, President South Coast Shipyard, Inc. 2270 Newport Boulevard Newport Beach, CA 92663 WASTE DISCHARGE REQUIREMENTS FOR SOUTHI COLAS T SHIPYARD, INC. (SOUTI4), FORMERLY AMERICAN PACIFIC SHIPYARD, 223 21 ST STREET, NEWPORT BEACH, ORANGE COUNTY Dear Mr. Stewart: This letter is in response to your October 24, 1995 submittal regarding the above -referenced facility. You have submitted an NPDES permit application for coverage under the Regional Board's general NPDES permit for boatyard operations (Order No. 94-26, NPDES No. CAG038001). In your cover letter you indicated that South Coast Shipyard, Inc. is the new owner/operator of the former American Pacific Shipyard (now known as South Coast Shipyard, Inc. (South)) located at 223 21 st Street in the Newport Beach area of Orange County. You are also the owner/operator of the South Coast Shipyard, Inc. (North) facility located at 2270 Newport Boulevard, Newport Beach. In your cover letter you suggested that since these facilities are under one ownership, they should be regulated as one facility. However, because these shipyards are separate facilities (different addresses, separate stormwater collection systems, separate discharge points, etc.) they cannot be regulated as one facility. Each facility needs to be identified in the general NPDES permit, (Please note that you are required to pay an annual fee for coverage of each of these facilities under the general permit). Enclosed is a copy of tentative Order No. 96-52 for your review and comment. This tentative order amends the findings in Order No. 94-26 (NPDES No. CAG038001) to reflect the current status of ownership/operation of the shipyard facilities. Order No. 96-52 is scheduled for consideration by the Regional Board on August 21, 1996. Please provide your comments by July 31, 1996, so that they can be used in the formulation of the final draft order which will be presented to the Board. Once the Regional Board has adopted the amended order to reflect these changes, a discharge authorization letter will be issued to you for the South Coast Shipyard, Inc. (South). Pete Stewart -2- July 17, 1996 South Coast Shipyard, Inc If you have any questions, please contact Gary Stewart at (909) 782-4379 or Susan Beeson at (909) 782-4902. Sincerely, XLGsLr. - Joanne E. Schneider Environmental Program Manager Enclosure: Tentative Order No. 96-52 cc: U.S. Environmental Protection Agency, Permits Issuance Section Terry Oda (W-5-1) State Water Resources Control Board, Division of Water Quality - John Youngerman City of Newport Beach - City Manager SKB(2)socwastsou Order No. 96-52 Page 2 of 3 Amending Order Na. 94-26 General waste Discharge Requirements, Boatyard Operations S. Entities subject to this order (facilities which discharge wastes associated with boat repair and painting operations or similar wastes) are hereinafter referred to as discharger(s). The following dischargers are covered under this order: Balboa Boatyard, Inc. 2414 Newport Boulevard, Newport Beach Conwell Corporation dba Larson Shipyard 2703 West Coast Highway, Newport Beach Newport Harbor Shipyard 101 Shipyard Way, Newport Beach Newport Marine, Inc./Turnstone Corporation 2438 West Coast Highway, Newport Beach South Coast Shipyard, Inc. (South) 223ST Street, Newport Beach Schock Boat Repairs 2900 LaFayette Street, Newport Beach Sea Spray Boatyard 226ST Street, Newport Beach South Coast Shipyard, Inc. (North) 2270 Newport Boulevard, Newport Beach Sunset Aquatic Marine 2901 Edinger Avenue "A", Huntington Beach Additional facilities will be covered only upon issuance of a discharge authorization letter by the Executive Officer of the Regional Board. 2. The following shall be added as G. Provisions 16: 16. Upon receipt of a complete report of waste discharge/NPDES permit application, the Executive Officer shall determine whether the proposed discharge is eligible for coverage under this general permit, after which, the Executive Officer may: a. Authorize the proposed discharge by transmitting a "discharge authorization letter" ` to the discharge proponent (now an "authorized discharger") authorizing the initiation of the discharge under the conditions of this order and any other conditions consistent with this order which are necessary to protect the beneficial uses of the receiving waters; or, b. Require the discharge proponent to obtain individual waste discharge requirements permit prior to any discharge to surface waters within the Santa Ana Region's jurisdiction. The discharge authorization letter may be terminated or revised by the Executive Officer at any time. 3. All other terms and conditions of Order No. 94-26 remain unchanged. Order No. 96-52 Page 3 of 3 Amending Order No. 94-26 General Waste Discharge Requirements, Boatyard Operations I, Gerard J. Thibeault, Executive Officer, do hereby certify that the foregoing is a full, true, and correct copy of an order adopted by the California Regional Water Quality Control Board, santa Ana Region, on August 21, 1996 Gerard J. Thibeault Executive Officer July 27, 1993 TO: GLEN EVERROAD, FINANCE DEPARTMENT FROM: Marine Department SUBJECT: HARBOR PERMIT NO. 119-223 FOR THE PROPERTY AT 223 21ST STREET AND HARBOR PERMIT NO. 119-230 FOR THE PROPERTY AT 226 21ST STREET In researching the permit files for the two Harbor Permits, I found the following had transpired since eel, The tt3ig-�n� �f t� property at 223 21st S reet is owned by Vic Swanson, and the property at 226 21st Street, street -ems-, is owned by Ray Donald. Mr. Swanson' a�P ti,; Fr�ty to Newport Harbor Shipyard, and subsequent to that, they leased the property to Cannery Investment Incorporated. Across the street, Ray Donald leased his property to Cannery w Investment Incorporated. Sometime around 1990, Mary Lynn Norby6�' purchased the lease from Cannery Investment Incorporated for both_ properties. properth mkt for 2 2 St 1 in the name of ' . . Our records in the pe as originally in the name of Vic Swanson, the upland proper y n s transferred by Mr. Swanson to Newport Harbor Shipyard, an a3HE��4MA to Peninsula Shipyard. The a 226 21st Street the name of Ra the upland property owner, and it s tra ed to Cannery Investment Incorporated and, at that point, there were no other transfers. Mrs. Norby d er- September 1990, she acquired Peninsula Shipyard the -saw-r.Pan"An.9to rem lease which includedVboth properties, 223 and 226 21st Street" We were unable to get Mrs oMy to transfer the permit. reassuming that she essentially acquired the corporation and there was no need to transfer the permit since the permit was in the name of the corporation. However, we did not realize at the time, that it included the property across the street. Once we determined that, we began to send her bills for both properties. She stopped paying the bill for 226 21st Street in 1990 and it subsequently went to a one hundred per cent penalty. This bill has been unpaid for four years including 1993. She stopped paying the bill at 223 21st Street around 1991 and it went to a one hundred per cent penalty for two years, and then was paid for the year 1993 by the current permittee, American Shipyard Incorporated. It is my understanding that American Shipyard Incorporated was one of the corporations creditors and that during the bankruptcy they p W7 took over the property at 223 21st Street, and that they paid the current 1993 fee, but the back fee on 223 21st Street was not discharged in bankruptcy and still is outstanding. The property owner at 226 21st Street recovered the property out of bankruptcy, and it is my understanding that the back fee on that has never been discharged. The property owner is willing to pay the current fees on this property, but does not want to pay the back fees. Although this is confusing, I hope it gives you some information and if you need additional clarifications, please give me a call. Tony Melum Deputy Director CITY OF NEWPORT BEACH Marine Department March 28, 1993 TO: - DENNIS DANNER, FINANCE DEPARTMENT FROM: Marine Department SUBJECT: HARBOR PERMIT 119-223-1 IN THE NAME OF PENINSULA SHIPYARD The Peninsula Shipyard has been delinquent since 1991 in paying its annual permit fees. As provided by the Municipal Code, the fees have gone to a one hundred percent penalty and the fee of approximatley $890.00 has over the past three years reached the sum of $4,576.04. The Marine Department and the City Attorney's Office have been in contact with the permittee for some time and have made numerous attempts to get the permits brought current but have been unsuccessful. In the fall of 1992, the operator of the business declared bankruptcy and it was our assumption that the fees due would be discharged. However, it appears that during the bankruptcy proceedings, one of the creditors of the permittee purchased the business. It is our understanding that this is American Pacific Shipyard and they plan to operate the shipyard. About a week ago theycontacted our department to discuss transferring the permit from Peninsula Shipyard to American Pacific Shipyard.. I indicated to them at the time that the permit fees were three years in arrears and the current balance due was the amount listed above. They felt that they were not responsible for the past due and delinquent fees; however, they would be willing to pay two year's fees minus penalties if we would be willing to accept that and transfer the permit to them. In past discussions with the City Attorney, he has felt that the high percentage penalty would be very difficult to enforce if a legal action were necessary to collect it and that it might be difficult fow us to collect the past due fees from the new owners and operators of the property. Therefore, it would be my suggestion at this time, that we accept the amount tendered, $1,861.44, which represents the 1993 fees currently due and 1992 fees past due, minus penalties. If you would like to discuss this further, please contact me at 3044. Tony Mell���� Deputy Director cc: Kevin Murphy, City Manager eve, �� Check for $1861.44 attached BUYERS NAME(S). �y6 MAILING ADDRESS -APPROVED BY: ^ ❑ OCHD: ENG ❑ COUNCIL PUBLIC WORKS DEPT. ❑ ESCROW ❑ INSPECTION ADDRESS OF FACILITY PERMIT - d.%r'a `mw'rale 0 "FEE FLECK NO DATE 7ELE IATION tS HEREBY MADE TO TRANSFER HARBOR PERMIT APPLIC i' nemctar (ABOVE pIAMES TO BE TYPED) HUYER SIGNATURE OF SELLER SIGNATURE OF SIGNATURE OF SELLER SIGNATURE OF BUYER SIGNATURE OF JOIN! Un,.-^ APPLICATION APPROVED (DATE) OF THE MUNICIPAL CODE. BY THE CITY COUNCIL INSPECIAL CO S; PERMIT IS REVOCAB ANCE WITH TITLE 17 ..2 FORM 66-1016 REV. CITY OF NEWPORT BEACH, CALIF. \0�CITY OF NE WPORT BEACH -1768 P.O. BOX 1768, NEWPORT BEACH, CA 92659 July 25, 1991 Peninsula Shipyard 223 21 St. Newport Beach, CA 92663 Re: Harbor Permit No. 0119-0223-1 Dear Permittee: The Finance Deprtment has indicated that the fee for above Harbor Permit for the year 1991 has not been paid and there is currently an outstanding balance due of 1,783.88. Failure to pay this fee within 30 (thirty) days of receipt of this letter will result in the Marine Department recommending that the pier permit be revoked as provided by Section 17.24.090 of the Newport Beach Municipal Code, which states; 17.24.090- "Any permit heretofore or hereafter granted for any structure -or work in the waters of Newport Harbor or the Pacific Ocean may be revoked by the City Council upon the following grounds: (4) If the permittee has failed for a period of sixty (60) days to pay the fee or fees heretofore or hereafter imposed for the occupancy of tidelanhds, filled tidelands or submerged lands upon which such work or structure exists-" If you have questions in this regard please call me at 714-644- 3044. Sincerely, W Tony Melum Tidelands Administrator 3300 Newport Boulevard, Newport Beach COMMISSIONERS 0 CITY OF NEWPORT April 13, 1989 BEACH MINUTES INDEX ROLL CALL Use Permit No 1922 (Amended)(Continued Public Hearing) Item No.3 Request to amend a previously approved use permit which UP1922A permitted the establishment of a boat repair and maintenance facility on property located in the Continued "Recreational and Marine Commercial" area of the Cannery to 5-4-89 Village/McFadden Square Specific. Plan. The proposed includes a request to relocate the eight required amendment on -site parking spaces to the property across the street (226 21st Street) which is also owned and operated by the applicant. The proposal also includes: a modification to the Zoning Code so as to allow the use of tandem parking spaces in conjunction with the new parking location; a request to retain an outdoor intercom and paging system; and the review of the operation of an existing boat crane which exceeds the 26 foot basic height limit up to a maximum height of 45 feet in the 26/35 Foot Height Limitation District. LOCATION: Parcel 1 of Parcel Map 79-732 (Resubdivision No. 644), located at 223 21st Street, on the northwesterly side of 21st Street between The Arcade and Newport Bay, and Lots 14 through 17, Block 220, Section A, Newport Beach, located at 226 21st Street, on the southeasterly side of 21st Street, between The Arcade and Newport Bay, in the Cannery Village/McFadden Square Specific Plan Area. ZONE: SP-6 -wewport Beech APPL' ..: �a° N }{ -.s ; a OWNER: Norman G. Schmitt, Newport Beach James Hewicker, Planning Director, requested that this item be continued to the May 4, 1989, Planning Commission meeting. Motion * Motion was made and voted on to continue Use Permit No. All Ayes 1922 (Amended) to the May 4, 1989, Planning Commission meeting. MOTION CARRIED. -8- Performance Boni Tease the Lab( 174001) in s: been filed. (A Department) 12. TRAFFIC SIGNAL i AND VON KARMAN i 14 SIGNALIZED IT of the work; aui file a Notice of the City Clerk t Notice of Comple from the Public 13c STATE LITTER COI RECOVERY ACT OF Manager to sign the City of Newl of its 79/80 ent Orange. (A repc Advisory Committ 14. MAINTENANCE DREI the following aF ing harbor perms approval listed the City by the from the Marine 101-104 1353 1 143-32 32 Hat 119-223 223-21 15.. BUDGET AMENDMENT BA-083, $3,700.0 tions and increa purchase of tabl Friends of the N Unappropriated S tions to Newport Excise Tax Fund. I. ITEMS REMOVED FR Motion x 1. Resolution All Ayes Formation C ing Sphere in West New City bounda to staff fo I (Bond No. 8 SM 174001) and to ,r and Materials Bo,P4 (Bond No. 8 .x months providedclaims have report from the Public Works STD SAFETY LIGHTING AT BIRCH STREET ,VENUE AND BICYCLE PUSH BUTTONS AT ITERSECTIONS (C-2101) - Acceptance horization to the City Clerk to Completion; and authorization to o release the bonds 35 days after tion has been filed. (A report Works Department) 'TROL, RECYCLING AND RESOURCE 1977 Authorization to the City a letter of intent stating that ort Beach transfers the remainder. itlement funds to the County of rt from the Litter Control Citizen ee) GING HARBOR PERMITS - Approval of plications for maintenance dredg- ts, subject to the conditions of in the general permit issued to Corps of Engineers. (A report Department.) ayside Drive California Recrea- tion Co. bor Island Briggs Cunningham st Street Howard Bishop S - For approval: D increase in Budget..Appropria= se in Revenue Estimates for as and chairs, donation from awport Beach Public Library, from urplus and Donations and Contribu- Center Branch Library, Building 3M THE CONSENT CALENDAR: requesting that the Local Agency. 3mmission amend the City's exist- :)f Influence to include all lands ,3ort presently surrounded by the ry (BEECO property) was referred r action. Jolume 34 - Page 103 Traffic Sig. /Safety Light- ing/C-2101 (38) Litter Control (44) Harbor Dredging Permits (51) LAFCO (21) z � a' a o H z a F m z m. ao CJ aci o:3 0 U a w 0W p ^ Wy mW 0 W w U VVV�w - Wpw . Ww HWZ = 0 2 cl I-FZ U Z O Zwa N 3 xz p Z Y. O w Zmw. W. ¢Ya K - O W 2� J n x Qua NJ C z �n d Y a"o U Q ¢ y < 0 Y i< W Z Fw p pti 3' VJ o G U ce)CD co �I a' . H N a w"°' C Cl) U � i z co3t (� O W cc LU m W 0c d x W 0 E o C'-. FW- a oc� 3 � 2s w a w Z r Z Y CITY OF NEWPORT BEACH BUSINESS LICENSE DIVISION REQUEST FOR ENFORCEMENT DATE VIOLATION OBSERVED CO - C� • �t8 I ADDRESS OF VIOLATION: NAME OF BUSINESS: cPDj /,Aj S 04 �Nl � NATURE OF VIOLATION:d RIGW " OF 6,�,4Z - /9eegZ>,F-7 /;T�Torti/iyG c8a4f/- 12!C/! irla tl Sj "C --FR4FF7C jiV(S. PERSON REPORTING: 7 //j��' � - p -' i) 7--/J2 . DATE REPORTED:_ lJ - Please attach photos, if available. RA, 48l �i7 77 D,etiE y June 10, 1988 TO: PLANNING DIRECTOR FROM: TRAFFIC ENGINEER SUBJECT: PENINSULA SHIPYARD On this date I observed what I consider to be a serious problem associated with Peninsula Shipyard. They were working on two different, large boats and had scaffolding and portions of the boats projecting above the public right of way known as The Arcade. One of the boats extended over an area posted as no parking and there were scaffold supports out in the public right of way. This constitutes a private use of the public right of way and also could be a hazard to pedestrians and motorists traversing the area, especially if the scaffolding is left in place at night. The other boat extended over public parking spaces. vehicles parked here could be damaged by anything dropped by workmen as well as paint overspray. This operation would appear to present a clear liability to the City. Please take the necessary steps to see that the above improper activities by Peninsula Boatyard are corrected. If this is not the responsibility of the Planning Department, please let me know. Richard M. Edmonston Traffic Engineer cc: Public Works Director City Attorney Decmber 15, 1987 r,, Would you please sign enclosed card, on -,written name, and return to me. - -line below your Respectfully, .......... US ARMY CORPS PU of ENGINEERS Los Angeles District E. &VOLSIZE1 tice/Application No. 87-068-CB ►nn 1no7 Comment Deadline o e Interested parties are i ' an application has been received for a Department of the Army permit fo a activity descri ed below a own on the attached drawing(s). ApplicantQ Newport Harbor Shipyard AGENT: 223 21st Street Richard Shogran Newport Beach, California, 9266 12755 Brookhurst Street, Suite 206 (714)675-2550 Garden Grove, California 92641 (714) 636-1620 Location - Newport harbor at ewp each, Orange County, California. Activity construct a 92-feet long bulkhead and backf ill with about 400 cubic yards of sand. (For more information see page 2 of this notice.) Comment and Review Period - Interested parties are U.S. Array Engineer District invited to provide their views on the proposed work, ATTN*. SPLCO-R-87-068-CB which will become a part of the record and will be con- P. O. Boa 2711 sidered in the decision. Comments should be mailed to: Los Angeles, CA 90053-2325 Water Quality - Certification that the proposed discharge will comply with the applicable effluent. limitations and water quality standards is hereby requested from the location state. A certification obtained for the construction of any facility must also pertain to the subsequent operation of the facility. Coastal. Zone Management - The applicant has certified that his proposed activity complies with and will be conducted in a manner that is consistent with the approved State Coastal Zone Management Program. The District Engineer hereby requests the California Coastal Commission's concurrence or nonconcurrence Cultural Resources - The latest version of the N-tional Register of historic Places has been consulted and this site is not listed. This review coi.stitutes the extent of cultural resources investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. wagered Species - Preliminary determinations indicate that the proposed activity will not affect endangered species, or their critical habitat, designated as endangered or threatened (Endangered Species Act)® Therefore, formal consultation under Section 7 (c) of the Act is not required. Authority - This permit will be issued or denied under the following authorities: A Structures or work in or affecting navigable waters of the United States - Section 10. River and Harbor ct o (33 U.S.C. 403). X Discharge of dredged or fill material into waters of the United States - Section 404, Clean Water Act U.S.C. 1344). Transportation of dredged material for purpose of dumping into ocean waters - Section 103, Marine rotection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). Evaluation - The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion, and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food production and, in general, the needs and welfare of the people. In addition, if the proposal would discharge dredged or fill material, the evaluation of the activity will include application of the EPA Guidelines (40 CFR 230) as required by Section 404 (b)(1) of the Clean Water Act. PUBLIC NOTICE - APPUCATICN NO. 87--068-CB EIS Determination - A preliminary determination has been made that an environmental impact statement is not required for the proposed work. Public He - Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state with particularity the reasons for holding a public hearing. Proposed Activity for Which a Permit is Required - construct a bulkhead 92 feet in length, made of precast sheet pile panels jetted in place to a minimum elevation of -26 feet Mean Lower Low Water; backfill with about 400 cubic yards of clean sand. Proposed Special Conditions: a. That the permittee shall mitigate the loss of intertidal habitat due to the bulkhead and backf ill, on not less than one for. one by area basis, new intertidal habitat in the Upper Newport Say Ecological Reserve, in consultation and by agreement with the California Department of Fish and Game. Said habitat construction shall be conducted or assured in advance of the proposed project construction. For Additional Information - Please call Cheryl Beem, Regulatory Branch, (213) 894-5606, before 3:00 p.m. any work day. This Public Notice is issued by the Chief, Regulatory Branch. N `� it/E//vPD.E'T BAY �t ,�DTES 1. FKTER lYOTN H'/[L BE USED BfNI,VD dGGNHEAO. Z AVO.PDX. dOD ['U. YA�POS OF f/LL. 9ZIZZ11640 et/z�I�l/ BUL��EA� ol la • � i is i • .��U,UD�All1 SEA • TD ZAvd Y/®oCl 10 10 11 / IYfdi/(r�. � �a ♦ am WES KILQYETW �Q loco 2m FEET k1/z1 Rq CHARD 'L SHOGREN, P.E. Casu inn CIA Error 12755 Brow S 06 CA 92641 61149J Rl /4 ,vo- + 9 sO I +7 f '7' 4 -o SAAID 1IAC Z �t 2 io .3 I STATE OE CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Go"mo, CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA P G : W r ? 245 WEST dROADWAY, SURE 380 :. LONG BEACH, CA 90802 (213) 590.5071 Dater August- 22, 1986 • Permit No._ 5-86-321 PERMIT AUTHORIZATION Newport Harbor Shipyard 223 21st Street Newport Beach, Ca. Dear Applicant: Please be advised that you are hereby authorized to proceed with development of your project, permit number 5-86-321 ,which was reported to the Commission on _ July 10, 198 Development of your project is subject to compliance with all terms and .conditio s s iified in the Administrative Permit which was sent to you on July,�6 Should you have any questions please contact our office. ?' REC,C&V a AUG261986 .. PETER OOUGLAS Executive Director by: Title: Staff Analyst I l STATE OF CAUFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor CALIFORNIA COASTAL COMMISSION _ SOUTH COAST AREA 245 WEST BROADWAY, SUITE 380 Page 1 of__I LONG BEACH, CA 9OW2 Permit Application No. 5-86-321 PG:wr (213) NO.5071 Date 6/16/86 ADMINISTRATIVE PERMIT APPLICANT: Newport Harbor Shipyard PROJECT DESCRIPTION: Demolition of an "L" shape sandbags bulkhead which exists on a portion of the lot, and construction of a new approximately 92' long concrete bulkhead which will join adjacent bulkheads on bothsides of the project. PROJECT LOCATION: 223 21st Street, Newport Beach. EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, are discussed on subsequent pages. Pursuant to Public Resources Code Section 30624, the Executive Director hereby determines that the proposed development, subject to Standard and Special Conditions as attached, is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3, and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. Any development located between the nearest public road and the sea is in conformity with the public access and public recreation policies of Chapter 3. NOTE: The Commission's Regulations provide that this permit shall be reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, a permit will not be issued for this permit application. Instead, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Thursday, July 10, 1986 9:00 a.m. Burton W. Chace park, West End of Mindanao Way, Marina del Rey, Ca.. IMPORTANT - Before you may proceed with development, the following must occur: For this permit to become effective you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgment and evidence of compliance with all special conditions, we will send you an authorization to proceed with development. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE PERMIT AUTHORIZATION FROM TNT_t nFFTrF PETER DOUGLAS Executive Director by: j �_ STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions,.is returned to the Commission office. 2. :Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24—hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The project require approximately 400 cubic yard fill in the lower Newport Bay. Therefore the Executive Director further determines that accumulative impact of this kind of development would have adverse environmental impact on lower Newport Bay. However the proposal will improve coastal dependent recreational uses therefore the Executive Director determines that the project, as conditioned to require the applicant to participate in the mitigation plan for the restoration of the Upper Newport Bay Ecological Reserve is consistent with section 30233 of the Coastal Act. SPECIAL CONDITIONS: See attached ACKNOWLEDGEMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing page 3 5-86-321 SPECIAL CONDITIONS. Prior to transmittal of permit, the applicant shall have completed financial arrangements with the California Department of Fish and Game which will allow for the applicant's participation in the mitigation plan for the restoration of the Upper Newport Bay Ecological Preserve. By accepting this permit, the applicant agrees to provide funds adequate to restore area equivalent of four times the square footage of fill area covered by this project. The amount of the fund shall be determined by the Dept. of Fish and Game and, shall be deposited to the enhancement fee fund account. PLANS RECEIVED FROM COASTAL COMMISSION August 26, 1986 1. Newport Harbor Shipyard - 5-86-321 223 - 21st Street, Newport Beach \\SIDE TRANSFER �\ \RRIAGE ELEGTRtGAL CONTROL CENTER STANDARD MARINE p PIL\ JNGS - 9' PEDESTAL REQUIREMENTS (IF ANY) DETERMINED 6Y TIDE 4� FLOOD CONDITIONS. (BY OTHERS) + I_+ I MEAN HIGH WATER STANDARD MARINE PILING APPROX 6OTTOM I SYNCROLIFT \a� age MAXIMUM ELEVATION OF SYNCROLIFT PLATFORM ,FOR MAINTENANCE + HOIST NORMAL ELEVATION + I OF PLATFORM 1 I AVAILA6LE TRAVEL STEEL DEPTH 12' MINIMUM I I f i I I "(300—.n) TYPICAL SECTION THRU PIERS I HOIST F'OUN0161-rTO1-4 SPECIFICATIONS H01ST DIMENSIONS LOADS SIZE A" gIt "G PT. I. PT. Z. I PT. 30T NO LONGE:P MANUFACTURED 5'-3" GO T (1.275n) �1.270M� (,.room) S LT 5 L.T. 3& L.T. Z7 L_T_ T {I.Z25 M) (1.915 M) ..�'-1" �I.85SM) 8'LT 8 L.T. 5,8LT 43 L.T. i $O T C.' 01/2" LS40M) 5' - I O'/Z' (1.790M) i'- 2"' {2,185M) 9-15LT 9.5 LT 10T LT '7 7 L.T. i� \ jr �-SYNGROLIFT HOIST —SYNCROLIFT PLATFORM NOTES: 1. ALL LOAOS a DIMENSIONS ARE APPROX- IMATE FOR ESTIMATING ONLY- FINAI— DESIGN TO 6E 0EVELOPE0 TO SUIT LOCAL CONDITIONS $ e UILDING CODES. Z. ALL FIGURES INDICATED THUS ARE METRIC UNITS. 3. ALL TONS LI1STE0 ARE LONG TONS OF 2240 POUNDS, MAIN : TRp NS�/ERSE gEAAA ✓= I-IC)IST S6-.LEAN!= HOIST FOUN0&—rtQN PLAN 4 INDICATES LOGO PaINTs STANDARD 4 UNIT SYNCF20LIFTS HOIST PLATFORM L<.V.p. NOMI"L MpX. LO 60 AVAIL. SIZE SIZE REQ'D CAP. CAR PER FT. TRAVEL. 30 -I- NO LONGER KAbA,NUFACTURED 600 T 55'x 32. (Zlo-O M x 1 O.O,) 44 1 2S -T 190 T 2.30 �7.5 T.P.M. l (7 Cn M) (330 T 3o.0a x10O"w) 44 200 T 290 T 0-1 T.PM) (7 Gm) I80 T ($4.OM x 2.Im 84 385 T 580 T 5.ZO 17.OT.P.M.) 3!u :E i REVISC--7 NOmI"LL. CpPdCITY 6,G 3j?-7 REV: �T DESCRIPTION n T �j RY E DAT SY'1 \ C RO LI Tm DRYDOCKS AND TRANS►IR SYSTEMS 4 P—.I d P,.d— q PEARLSON ENCI.NE£R1NG COMPAYY, INC. Po aox" • rurl.M011104 . Inskc!IA TYPICAL . 4 UNIT 'SYNCROLIFT SYSTEM m SCALE NONE DRAWN G.G. -Q ,, runwe t.cucur.c rnw"wr .Mt DATE Z9 SEPT U REV. to NO 5 4 U - I A -kI: ux ALt i )_ /. ry O ,o O d tl1 04A D a g� � � � s ��i''�+`��,��.., Y �ri'Jl'✓✓/y'i/1:;�� � // I� re vJJ' VICINJITr d t �/�—/*a �•� �.E'G�TPCSlL-DI i i � r,u-eo• —�r-c �a" �� - N/4X t. J1rrY � __ �Jr+avaacrr E AY/ CAL IX0'aPaIA E SO Ur,d/n9s ove e>.raros5�d rn fcsef and dravros�s � � dop�hs be/ow M�pr� Lo,v,�r Gor✓ Wofe-r. /tiiorr�✓P.rr } rarrgP r,f jic1C 4Pprvxi�o���y /O ��� f/orvoe /r%/ey t are e��ob/i'she�a Y:, >'h/5 sec"/o" o�N@wr�orY� Gvr Y f �O Li ' i 4x .S �Tk'LL % — j Ga,ci7RAC 7-0,e C>.4 MY OF NEWPORT 13E1CH HARBOR PERMIT PERMISSION --IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF RiEWPORT BEACH AND ANY SPECIAL CONDITIONS LASTED HEREON. THIS PERR1, 1i IS NOT TRANSFERABLE � bY� i HOU � HU WRITTEN OF THE CITY HARBOR C05iRDINATOR O CITY COUNCIL. TH[. RIGHTS GIVEN UNDER TI,1:s I'1�1iPs IT ARE PE I?�IISSItIE ONLY AND THIS PER MAY B I LVOKED BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. A'r�)e►.rI mn CITY MQRROR COORDINATOR SPECIAL 0jj0d CorPs Of Engineer.3 Pernlit 7 - 3 or iallge county 3_9cD CON STRUCTIOIV PE}$IT DATE ... �!-�(_ moo._. SEE ATTACHED SHEET "F i1v F*C) fe 7- 141 iso Z, � T C VICINJIT'r SiKE '1A N r wpo ar Ol A Yl CAL W am M sbunchn7s arm WAPwassep. /W Oy" OA s behavv Arccnj larver /cz, ranpr ad- Vice gov'rousuiedy A" ore eWabWshr& /;-) Y'/? SWCOMY J 7 AD q X7o A DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. 0, BOX 2711 LOS ANGELES. CALIFORNIA 90053 SPLCO-N r4r. Howard C. Bishop III 1748 Bonaire Way Newport Beach, California 92660 Dear Mr. Bishop: 31, July 1980 Reference is made to your request of 25 March 1980 (80-168). Upon the recommendation of the Chief of,Engineers and under the provisions of Section 10 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized by the Secretary.of the Army to construct a boatyard consisting of the following: one (1) marine elevator, two (2) gangways, sixteen (16) prestressed concrete guide piles, and two (2) boat docks in Rhine Channel, Newport Bay, Pacific Ocean, at 223-21st Street, City of Newport Beach, Orange County, California, as shown on the attached drawing and subject to the attached conditions (a) through (v). You must contact the U.S. Coast Guard, Aids to Navigation Branch (213) 590-2222, at least two (2) weeks -prior to any construction. If any findings of potential archeological, scientific, prehistoric or historic significance occur during construction, work shall be immediately suspended and the District Engineer shall be notified. After an evaluation of the significance of the findings, this permit may be modified, suspended or revoked in whole or in part, in accordance with General Condition (j) or (k). Notice of the commencement of the activity must reach this office at least five (5) days before the activity actually starts. Please use the inclosed card, BY AUTHORITY OF THE SECRETARY OF THE ARMY: 1 Incl GW �EAGUE--, Work Status Post Card (dupe) COL, CE District Engineer CITY OF NEWPORT REACH �-NSPEcrEQ HARBOR PERMIT By s PERMISSION 15 Fz.E xr.13y GRANTED TO SON—STRUCT AND MAINTAIN T141: rACIlm 11—if ON VE f '64E-.SE, HERCOF, AT THE SITE li'D'IC fi: -C, To wiz- L ro-WSIGFF.Ci aI- THE HAP.00 pv-:t T Pi,; -!K.1R. O :3 .s'f g s� :aI:A&l A 4D; ANY NOT � >>Ct7E'!!i b rG d :� WS.aa.:: � c I . -!".I" 'Te g-15 PEFIgE!?/��IT IS N'CI ^�\i 's�.YI E Oi /4�C E � �._: FP � A'� C(f V.•r',Z TlEM i.•OM'ZEIYi VY Teap C: V F ap� e�:eireJ G iVEN iiNFdPt ti 7I i u 1F d; qq^��pp��7 4 Aid© Q ��@:n w<<C I {4"'s v G Id:= C.rY9 ` I Li THECi T i' COUNCILINA CDLs83AI C E�t'I`H 'I LE I~. G7U aECIPAL C©DEr , COORDINATOR a - 2 2 3 DEC 4 1969 ;PERMIT NO. , DA IE STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor CALIFORNIA REGIONAL WATER Ql�.. ITY CONTROL BOARD « SAN"rA ANA REGION y A 6809 INDIANA AVENUE, SUITE 200 RIVERSIDE, CALIFORNIA 92S06 -4298 • CLiFOA N` PHONE: (714) xo(X 782-4130 May 21, 1986 Environmental Protection Agency - Permits and Pretreatment Section (W-5-1) U. S. Army District, Los Angeles, Corps of Engineers - Permits Section U. S. Fish and Wildlife Service State Water Resources Control Board, Ted Cobb, Office of the Chief Counsel State Water Resources Control Board, Archie Matthews, Division of Water Quality State Department of Water Resources State Department of Fish and Game - Marine Resources Region State Department of Health Services - Santa Ana Orange County Environmental Management Agency/Regulation, Attention: Assistant Director Orange County Health Care Agency Orange County Water District Ci ty of Newport Beach / TENTATIVE ORDER NO. 86-107`, NPDES.NO. CA 0106763 NEWPORT HARBOR SHIPYARD, INC., 223 - 21ST STREET FACILITY Gentlemen: Enclosed is a copy of tentative Order No. 86-107, NPDES No. CA 0106763, for your review. This order contains requirements for the discharge of treated boatyard wastewater from the subject facility to Lower Newport Bay. These requirements are scheduled for consideration at the Board's July 11, 1986, meeting. Please submit your comments to this office prior to June 19, 1986. Should you have any questions, please call Gary Stewart or Steven Overman of our Regulations Section. Sincerely, l' Gerard J. Thibeauft Supervising Engineer Enclosure: Tentative Order No. 86-107 cc: Newport Harbor Shipyard, Inc. SDO:.pk Californi��egional Water Quality Control Board Santa Ana Region July 11, 1986 ITEM: SUBJECT: Waste Discharge Requirements for Newport Harbor Shipyard, Inc., 223 21st Street Facility, Orange County, Order No. 86-107, NPDES NO. CA 0106763. DISCUSSION: Newport Harbor Shipyard, Inc., currently operates a boatyard facility located at 223 21st Street in the Newport Beach area of Orange County. The management and discharge of wastewater at this facility is currently regulated by waste discharge requirements contained in Order No. 81-72, NPDES NO. CA 0106763, adopted by the Board on June 12, 1981. This order expired on April 1, 1986. On March 3, 1986, the discharger submitted a complete application for updated waste discharge requirements and a renewed NPDES permit. This boatyard facility includes an on -site wastewater collection and treatment system. All wastewater or stormwater runoff is directed to a sand filtration system that removes any pollutants such as trash, rust, paint chips, and marine growths. After clarification, the wastewater percolates into Lower Newport Bay. The wastewater management and treatment system for this facility is described by an existing Water Pollution Control Plan. This Plan was developed prior to the adoption of Order No. 81-72, NPDES NO. CA 0106763. This Plan details the means of controlling the discharge of pollutants from this operation to Lower Newport Bay. This Plan also specifies that all boatyard areas be maintained in broom cleaned condition. The proposed order requires the discharger to continue to implement this Plan and to submit quarterly compliance reports. In addition, Board staff will monitor compliance with this Plan by periodic on -site inspections. The beneficial uses of Lower Newport Bay include navigation, water contact recreation, ocean commercial and sport fishing, marine habitat, and shellfish harvesting. The requirements contained in this order should be adaquate to protect the beneficial uses of the receiving waters. RECOMMENDATION: Adopt Order No. 86-107, NPDES NO. CA_0106763_as_presented. Contents of File: 1/10/86 Inspection Report 3/3/86 Received completed renewal application. 3/19/86 Letter to discharger acknowledging receipt of application. 3/19/86 Letters to State Board and EPA transmitting application. 5/21/86 Copy of tentative order sent to discharger and interested agencies. 1 ReeG Sol 0 wig r ~�=I Bch California Regional Water Quality Control Board Santa Ana Region ORDER NO..86-107 NPDES NO. CA 010676'3. Waste Discharge Requir. nts for Newport Harbor Ship a, 223 21'st Street .F c Orange Coun The Califorii a Regional Water Quality trol.B.oard,.- Santa Ana Region, (hereinafter Board), finds that: 1... On March 3 1986, Newpor bor ipyard, Inc. (hereinafter .discharger), submitted' mp 'te'd applicationA4o. CA 0146763 for waste discharge.r me and' a permit.- to ,discharge under the -National Pot an D scharge Elimination System. 2. On June:12, 1981.1 oard adopted Order No. 81-72 NPDES NO. CA 0106763 fo e. arger. Order No.-81-72 prescribed waste d c requirements for the management and dischargewa er from this boatyard operation.. Order No. 8.1- xpi on April 1, 1986: 3. Treated bo ar wastewater is discharged from this operation to Lower pot a water of the` United States, at a Point' ` in h NW1 of: the NE1/4 of Section _33,.- T6S,. R10W, SBB&M . s boa and facility is located at 22,3 `- 21 st Street in the e rt Beach area of. Orange-:C.ounty.. 4. T or_1 opted 'a Water Quality Control Plan on .May 1.3; 1 Plan contains water quality objectives and nqUses of the waters in tYie' Santa AnaRegion. 5 T scharge requirements. contained in this order are �nec ry:.to:implement the Water Quality: Control Plan. 6. The beneficial uses of Lower Newport Bay include Navigation, Water contact.recreation, C. Ocean commercial and sport fishing, d. Marine habitat', and e. Shellfish harvesting. 7. The discharger developed a Water Pollution Control Plan for this facility prior to the adoption of Order No. 81-72, NPDES NO. CA 0106763. This plan describes the on -site wastewater collection and treatment system and the means of controlling the discharge'of pollutants to Lower Newport Bay. 8. The issuance of these waste discharge requirements is exempt from the provisions of the California Environmental Quality Act (Public Resources Code, Section 21000 et seq.) in accordance with the California Administrative Code, Section 13389. 9. The Board has notified the discharger and interested agencies and persons of its intent to prescribe waste discharge requirements for the proposed discharge and has provided them with an opportunity for a public hearing and an opportunity to submit their written views and recommendations. 10`. The Board, in a public meeting, heard and considered all comments pertaining to the discharge. IT IS HEREBY ORDERED that the discharger, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder and the provisions of the Federal Water Pollution Control Act and regulations and guidelines adopted thereunder, shall comply with the following:' A. Waste Discharge Requirements 1. Neither the treatment nor the disposal of wastes shall cause a nuisance or pollution, as defined in the California Water Code. 2. The discharger shall continue to implement the Water Pollution Control Plan submitted prior to the adoption of Order No. 81-72, or any subsequent revisions of the Plan as approved by the Executive Officer. B: Receiving Water Limitations This discharge shall not cause a violation of any applicable water quality standard for receiving waters adopted by the Regional Board or the State Water Resources Control Board as required by the Federal Water Pollution Control Act and regulations adopted thereunder. If more stringent applicable water quality standards are promulgated or approved pursuant to Section 303 of the Federal Water Pollution Control Act, or amendments thereto, the Board will revise and modify this order in accordance with such more stringent standards. -2- C. Provisions 1. This order includes the enclosed "Standard Provisions and Reporting Requirements" with the exception of the following items: A.4., 11, and 18; B.1 through 9; C.3, 4, and 6 through 9; D.2, 3, 6, and 7.b.; E.1 through 9. 2. This order includes Monitoring and Reporting Program No. 86- 107. 3. This order expires on July 1, 1991,.and the discharger must file a report of waste discharge in accordance with Title 23, California Administrative Code, not later than 180 days in advance of such date as application for issuance of new waste discharge requirements. 4. In the event of any change in control or ownership of land or waste discharge facilities currently owned of controlled by the discharger, the discharger shall notify the succeeding owner or operator of the existance of this order by letter, a copy of which.shall be -forwarded to this Board. 5. This order shall serve as a National Pollutant Discharge Elimination System permit pursuant to Section 402 of the Federal Water Pollution Control Act, or amendments thereto, and shall take effect at the end of 10 days from the date of hearing provided the Regional Administrator of the Environmental Protection Agency has no objections. I, James R. Bennett, Executive Officer, do hereby certify the , foregoing is a full, true, and correct copy of an order adopted by the California Regional Water Quality Control Board, Santa Ana Region, on July 11, 1986. JAMES R. BENNETT Executive Officer -3 CAL IF^NIA REGIONAL WATER QUALITY CONT^OL BOARD SANTA ANA REGION July 11, 1986 STANDARD PROVISIONS AND REPORTING REQUIREMENTS A. General Provisions 1. The requirements prescribed herein do not authorize the commission of any act causing injury to the property of another, nor protect the discharger from his liabilities under federal, state, or local laws, nor guarantee the discharger a capacity right in the receiving waters. 2. The discharger shall permit the Regional Board and the Environmental Protection Agency: a. Entry upon premises in which an effluent source is located or in which any required records are kept; b.- Access to copy any records required to be kept under terms and conditions of this order; c. Inspection of monitoring equipment or records; and d.Sampling of any discharge. 3. All discharges authorized by this order shall be consistent with the terms and conditions of this order. The discharge of any pollutant more frequently than or at a level in excess of that identified and authorized by this order shall constitute a violation of the terms and conditions of this order. 4. The discharger's wastewater treatment plant shall be supervised and operated by persons possessing certificates of appropriate grade pur- suant'to Chapter 3, Subchapter 14, Title 23, California Administrative Code. 5. The discharger shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related appur- tenances) which are installed or used by the discharger to achieve compliance with the permit limits. Proper operation and maintenance' includes effective performance, adequate funding, adequate staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. The discharger shall keep in a state of readiness all systems necessary, at any time, to achieve compliance with the waste discharge requirements. All systems, both those in service and reserve, shall be inspected and maintained on a regular basis. All reserve units shall be regularly tested by placing into service. Records shall be kept of the tests and made available to the regulatory agencies. 6. Collected screenings, sludges, and other solids removed by treatment processes shall be disposed of in the manner approved by the Executive Officer of the Regional Board. 7. After notice and opportunity for a hearing, this order may be ter- minated or modified for cause, including, but not limited to: -4- a. Violation of any term or condition contained in this order; b. Obtaining this order by misrepresentation, or failure to disclose fully all relevant facts; c. A change in any condition that requires either a'temporary or permanent reduction or elimination of the authorized discharge. 8. If a toxic effluent standard or prohibition (including any sche- dule of compliance specified in such effluent standard or prohibi- tion) is established under Section 307(a) of the Federal Water Pollution Control Act, or amendments thereto, for a toxic pollu- tant which is present in the discharge authorized herein and such standard or prohibition is more stringent than any limitation upon such pollutant in this order, the Board will revise or modify this order in accordance with such toxic effluent standard or prohibi- tion and so notify the discharger. 9. If more stringent applicable water quality standards are approved pursuant to Section 303 of the Federal Water Pollution Control Act, or amendments thereto, the board will revise and modify this order in accordance with such more stringent standards. 10. The provisions of this order are severable, and if any provision of this order, or the application of any provision of this order, or the application of any provisions of this order to any cir- cumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this order shall not be affected thereby. 11. Safeguard to electric power failure: a. The discharger shall maintain in good working order a suf- ficient alternate power source for operating the wastewater treatment and disposal facilities. All equipment shall be located to minimize failure due to moisture, liquid spray, flooding, and other physical phenomena. The alternate power source shall be designed to permit inspection and maintenance and shall have provision for periodic testing. b. If such alternate power source is ,not in existence, the discharger shall halt, reduce, other --otherwise control all - - discharges upon the reduction, loss, or failure of the primary source of power. - 5- 12. Any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions of this order is prohi- bited, except (a) where unavoidable to prevent loss of life or severe property damage, or (b) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this order. The discharger shall promptly notify the Board and the Regional Administrator of EPA within 24 hours of each such diversion or bypass. 13. Except for data determined to be confidential under Section 308 of the Federal Water Pollution Control Act, all reports prepared in accordance with terms of this order shall be available for public inspection at the offices of the Regional Water Quality Control Board and the Regional Administrator of EPA. As required by the Federal Water Pollution Control Act, effluent data -shall not be considered confidential. Knowingly making any false statements on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Act and Section 13387 of the California Water Code. 14. The discharger shall take all reasonable steps to minimize any adverse impact to receiving waters resulting from noncompliance with any effluent limitations specified in this order, including such accelerated or additional monitoring as necessary, to deter- mine the nature and impact of the noncomplying discharge. 15. In the event of any change in control or ownership of land or waste discharge facility presently owned or controlled by the discharger, the discharger shall notify the succeeding owner or operator of the existence of this order by letter, a copy of which shall be forwarded to this Board. 16. The discharger shall ensure compliance with any existing or future pretreatment standard promulgated by EPA under Section 307 of the Federal Water Pollution 'Control Act or amendments thereto for any discharge to the municipal system. 17. The discharge of any radiological, chemical, or biological warfare agent or high level radiological waste is prohibited. 18. The discharger shall require each industrial user to submit periodic notice (over intervals not to exceed nine months) of progress toward compliance with applicable toxic and pretreatment standards developed pursuant to the Federal Water Pollution Control Act or amendments thereto. The discharger shall forward a copy of such notice to the Board and the Regional Administrator. B. Provisions for Monitoring 1. Water quality analyses shall be performed in accordance with the most recent edition of "Environmental Protection Agency Regulations on Test Procedures for the Analysis of Pollutants" promulgated by EPA (40 CFR 136). In addition, the Board and/or EPA, at their discretion, may specify test methods which are more sensitive than those specified in 40 CFR 136. -6- 2. Chemical, bacteriolggical, and bioassay analyses shall be conducted at a laboratory certified for such analyses by the State Department of Health Services or EPA. 3. The laboratory which performs the sample analyses must be iden- tified in all monitoring reports submitted to the Regional Board Executive Officer and the Regional Administrator (EPA). 4. The discharger shall have, and implement, an acceptable written quality assurance (QA) plan for laboratory analyses. An annual report shall be submitted by January 30 of each year which sum- marizes the QA activities for the previous year. Duplicate chemi- cal analyses must be conducted on a minimum of ten percent (10%) of the samples, or at least one sample per month, whichever is greater. A similar frequency shall be maintained for analyzing spiked samples. When requested by the Board or EPA, the discharger will par- ticipate in the NPDES discharge monitoring report QA performance study. The permittee-must have a success rate equal to or greater than 80%. - 5. Sample containers, preservation, and hold times shall conform with 40 CFR Part 136. 6. Influent samples shall be taken at each point of inflow to the wastewater treatment plant, upstream of any in -plant return flows, and shall be representative of the influent to the treatment plant. 7. Effluent 'samples shall be taken downstream of the last addition of waste to the treatment or discharge works where a representative sample may be obtained prior to mixing with the receiving waters. 8. All monitoring instruments and devices used by the discharger to fulfill the prescribed monitoring program shall be properly main- tained and calibrated as necessary to ensure their continued accuracy. 9. The flow measurement system shall be calibrated at least once per year or more frequently, to ensure continued accuracy. C. General Reporting Requirements 1. The discharger shall submit to the Board on or before each compliance report date, a report detailing his compliance or noncompliance with the specific schedule date and task. - 7- .If noncompliance is being reported, the reasons for such noncompliance shall be stated plus an estimate of the date when the discharger will be in compliance. The discharger shall notify the Board by letter when he has returned to compliance with the time schedule. 2. In the event the discharger does not comply or will be unable to comply with any prohibition, daily maximum effluent limitation, or receiving water limitation of this order for any'reason, the discharger shall notify the Executive Officer by telephone (714) 684-9330 assoonas he or his agents have knowledge of such non- compliance, and shall confirm this notification in writing within five (5) days. The written notification shall state the nature, time, and cause of noncompliance and shall describe the measures being taken to prevent recurrences. - 3. The discharger shall file with the Board within ninety (90) days after the effective date of this order a technical report on his preventive (failsafe) and contingency (cleanup) plans for controlling accidental discharges and for minimizing the effect of such events. The tech- nical report should: a. Identify the possible sources of accidental loss, untreated waste bypass, and contaminated drainage. Loading and storage areas, power outage, waste treatment outage, and failure of process equipment, tanks, and pipes should be considered. b. Evaluate the effectiveness of present facilities and procedures and state when they became operational. Describe facilities and procedures needed for effective preventive and contingency plans. c. Predict the effectiveness of the proposed facilities and proce- dures and provide an implementation schedule containing interim and final dates when they will be constructed, implemented, or operational. (Reference: Sections 13267(b) and 13268, California Water Code.) The Board, after review of the technical report, may establish conditions which it deems necessary to control accidental discharges and to minimize the effects of such events. Such con- ditions may be incorporated as part of this order, upon notice to the discharger. me C-) 4. Discharge monitoring data shall be.submitted to the extent possible on preprinted Discharge Monitoring Report forms to be supplied by the Board and EPA. Other specific reporting formats which may include magnetic tape, punched cards or direct computer entry may be prescribed.at a later date. Unless otherwise specified, discharge flows shall be reported in terms of the 30-day average and the daily maximum discharge flows. The results of all monitoring required by this order shall be reported to the Board, and shall be submitted in such a format as to allow direct comparison with the limitations and requirements of this order. 5. The discharger shall file with the Board a report of waste discharge at least 120 days before making any material change or proposed change in the character, location, or volume of the discharge. 6. The results of any analysis of samples taken more frequently than required at the locations specified in the Monitoring and Reporting Program shall be reported to the Board. 7. The discharger shall file a written report with the Board within ninety (90) days after the average dry -weather waste flow for any month equals or exceeds 75 percent of the design capacity of his waste treatment and/or disposal facilities. The discharger's senior admin- istrative officer shall sign a letter which transmits that report and certifies that the policy -making body is adequately informed about it. The report shall include: a. Average daily flow for the month, the date on which the instantaneous peak flow occurred, the rate of that peak flow, and the total flow for the day. b. The discharger's best estimate of when the average daily dry - weather flow rate will equal or exceed the design capacity of his facilities. c. The discharger's intended schedule for studies, design, and other steps needed to provide additional capacity for his waste treat- ment and/or disposal facilities before the waste flow rate equals the capacity of present units. (Reference: Sections 13260, 13267(b), and 13268, California Water Code.) 8. The discharger shall notify the Board not later than 180 days in advance of implementation of any plans to alter production capacity of the product line of the manufacturing, producing, or processing faci- lity by more than 10 percent. Such notification -shall -include estima- tes of proposed production rate, the type of process, and projected effects on effluent quality. Notification shall include submittal of a new report of waste discharge and appropriate filing fee. in 9. The discharger shall notify the Board of (a) new introduction into such works of pollutants from a source which would be a new source, as defined in Section 306 of the Federal Water Pollution Control Act, or amendments thereto, if such source were; discharging pollutants to the waters of the United States; (b) new introductions of pollutants into such works from'a source which would be subject to Section 301 of the Federal Water Pollution Control Act, or amendments thereto, if it were discharging such pollutants to the waters of the United States; (c) a substantial change in the volume or character of pollutants being introduced into such works by a source introducing pollutants into such works at the time the waste discharge requirements were adopted. - Notice shall include a description of the quantity and quality of pollutants and the impact of such change on the quantity and quality of effluent from such publicly owned treatmentworks. A`substantial change in volume is considered an increase of 10 percent in the mean dry -weather flow rate. The discharger shall forward a copy of such notice directly to the Regional Administrator. D. Reporting Requirements for Monitoring 1. For every item of monitoring data where the requirements are not met, the discharger shall submit a statement of the actions undertaken or proposed which will, bring the discharge into full compliance with requirements at the earliest time, and shall submit such information, in writing, within two weeks of becoming aware of noncompliance. 2. By January-30 of each year, the discharger shall submit an annual report to the Board. The report shall contain both tabular and graphical summaries of the monitoring data obtained during the pre- vious year. In addition, the discharger shall discuss the compliance record and the corrective actions taken or planned which may be needed to bring the discharge_ into full compliance with the waste discharge requirements. 3. The discharger shall maintain records of all sampling and analytical results, including strip charts; the date, exact place, and time of sampling; the analyst's name analytical techniques used; and results of all analyses. Such records shall be retained for a minimum of three years. This period of retention shall be extended during the course of any unresolved litigation regarding this discharge or when requested by the Board. 4. The discharger shall file with the Board technical reports on self - monitoring work performed according to the detailed specifications contained in any Monitoring and Reporting Program or as directed by the Executive Officer. -10 5. All reports shall be signed by: a. In the case of corporations, by a principal executive officer at least of the level of vice president or his duly authorized, representative, if such representative is responsible for the overall operation of the facility from which the discharge originates; b. In the case of a partnership, by a general partner; c. In the,case of a sole proprietorship, by the proprietor; d. In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected offi- cial, or other duly authorized 'employee. 6. The discharger shall submit to the Board, by January 30 of each year, an annual summary of the quantities of all chemicals listed by both trade and chemical names which are used for cooling and/or boiler water treatment and which are discharged. 7. The discharger shall mail a copy of each monitoring report on the appropriate form to be supplied by the Board and any other reports required,by this order to: a. California Regional Water Quality Control Board Santa Ana Region 6809 Indiana Avenue, Suite 200 Riverside, CA 92506-4298 b. A copy of such monitoring report for those discharges designated as a major discharge shall be mailed to: Regional Administrator Environmental Protection Agency Region 9, Attention: C-A-CMR (W-3-1) 215 Fremont Street San Francisco, CA 94105 E. Definitions 1. The daily mass emission rate is obtained from the following calcula- tion for any calendar day: 8.34 N Daily mass emission rate (lbs/day) = N E Qi Ci 1 N Daily mass emission rate (kg/day) 3.78 E Qi Ci =N 1 in which N is the number of samples analyzed in any calendar day. Qi and Ci are the flow rate (MGD) and the constituent con- centration (mg/1) respectively, which are associated with each of the N grab samples which may be taken in any calendar day. -11- If a composite` sample is taken, Ci is the concentration measured in the composite sample and Qi is the average flow rate occurring during the period over which samples are composited. The daily concentration of all constituents shall be determined from the flow -weighted average of the same constituents in the combined waste -streams as follows: 1 N Daily concentration = Qt E Qi Ci i =1 in whhich N is hh Numb r of component waste streams. %,tnd Ci are the flow rateMD) ande the constitute concentration (), respective- ly, which are associated with each of the N waste streams Qt is the total flow rate of the combined waste streams. 2. The "30-day, or 7-day, average" mass emission rate is the total mass emission rates by weight during a 30, or 7, consecutive calendar day period, respectively, divided by the number of days in the period that the facility was discharging. Where less than daily sampling is required by this permit, the 30-day, or-7-day, average discharge shall be determined by the summation of all the measured mass emission rates by weight divided by the number of daysduring the 30, or 7, con- secutive calendar day period when the measurements were made. For other than 7-day or 30-day periods, compliance shall be based upon the average of all measurements made during the specified period. 3. The "daily maximum" discharge means the total discharge by weight during any calendar day. 4. The "30-day, or 7-day, average" concentration, other than for fecal or total colif orm bacteria, is the arithmetic mean of measurements made during a 30, or 7, consecutive calendar day period, respectively. The "30-day, or 7-day, average" concentration for fecal or total coliform bacteria is the geometric mean of measurements made during a 30, or 7, consecutive calendar day period, respectively. The geometric mean is the nth root of the product of n numbers. 5. The "maximum daily" concentration is defined as the measurement made on any single grab sample or composite sample. 6. A "grab" sample is defined as any individual sample collected in less than 15 minutes. 7. A composite sample is defined as a combination of no f ewer than eight individual samples obtained over the specified sampling period. The volume of each individual sample shall be proportional to the - discharge flow rate at the time of sampling. The compositing period shall equal the specific sampling period, or 24_hours, if no period is specified. -12- 8. An "industry" is defined as any facility identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions: a. Division A Agriculture, Forestry, and Fishing; b. Division B --Mining; c. Division D - Manufacturing; d. Division I - Services. A facility in the divisions listed may be excluded if it is deter- mined by the Board that it introduces primarily domestic wastes or wastes from sanitary conveniences. 9. "Prohibited wastes" are any of the following wastes which shall not be introduced into the treatment works: a. Wastes which create a fire or explosion hazard in the treat- ment works; b. Wastes which will cause corrosive structural damage to treat- ment works, but, in no case, wastes with a pH lower than 5.0 unless the works are designed to accomodate such wastes; c. Solid or viscous wastes in amounts which would cause obstruc- tion to the flow in sewers or other interference with the proper operation of the treatment works; or d. Wastes at a flow rate and/or pollutant discharge rate which is excessive over relatively short time periods so that there is a treatment process upset and subsequent loss of treatment efficiency. -13- - - - - - - - - - - - - - - - - - - - - - CITY OF NEWPORT BEACH RECEIPT NEWPORT BEACH, CALIFORNIA 92663 No. 18453 41 Fk Ile, 19 DATE RECEIVED FROM -Z IJ FOR: 3--vtft I, ACCOUNT NO. AMOUNT DEPARTMENTfi - BY -------------------- Agenda Item F-19 CITY OF NEWPORT BEACH Marine Department _ January 3,.1986 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 119-223 BY THE NEWPORT HARBOR SHIPYARD TO CONSTRUCT ADDITIONAL BULKHEAD BAYWARD OF 223 21ST STREET Recommendation: If desired, approve the application subject.to.the following conditions: 1. Approval.of'the California Coastal Commission 2. Approval of the U.S. Army;Corps of.Engineers 3. Plans and specifications must be approved the the City of Newport Beach Building.Department 4. The new bulkhead must be constructed on or behind the U.S. Bulkhead Line. Discussion: This application is before the City Council as required by .Section 5.C.3 of the Harbor Permit Policies, which states: 5.C.3. "Prior approval of the City Council will be required before issuing a.permit for shore-connected.structures when theabutting upland-property i*s zoned commercial." The new bulkhead will replace approximately 30 feet of existing bulkhead whcih is deteriorated and subject to failure. It:will;include approximately 60 feet of new bulkhead to allow fill in an area historicaily occupied by a marine railway system David'Harshbarger, Marine Director Tony Mel , #Tid4elands Administrator TM:db 60-6T. B&ff11f19D i IV W P 0,E T /3A Y Z-.VST,6VZAAEhZ) Tj gZ kZlWjyZ-D E -9 z4D 1US7 ZIZAWL A/E-w I9z1zk1A1z-'4D El- 0111VLIZ)11'6-)Z-2'cV llhf11 ZVZZA..�lh &1Z" T40 Z-ROS1JA1 HOARD K.-S W-1-REMP"Pomen Corsuffing Civil bjginee� 12755 Brookburst &. 0206 Gaxdr,g Grove, CA 42641 J 2 ti S x v! s f 6 1 9 V RICHARD K. SHOGREN, P.E. Consulting Civil Engineer (714) 636-1620 December 16, 1985 Mr. Tony Melum City of Newport Beach Marine Department 70 Newport Pier Newport Beach CA 92663 File No. L1216144 Re: Council Action for Newport Harbor Shipyard Bulkhead Additions Dear Mr. Melum: Per your instructions, we are enclosing our check #1845 in the amount of $436.00, to cover fees for City Council action in reviewing our proposal to replace and improve bulkheads at Newport Harbor Shipyard. This amount breaks down as follows: Council Action: $220.00 Bulkhead -- 90 L.F. L $2.40 216.00 Total $436.00 We appreciate your efforts on behalf of our project. Yours very trul Richard K. Shy copy: L.H. Perkins, Newport Harbor Shipyard 12755 BROOKHURST ST * SUITE 206 . GARDEN GROVE, CALIFORNIA92641 NAME ADDRESS OF PROPOSED FACILITY PERMIT G+�ortt,p V,. ''2 Z? 2 l 6T ST . - Z Z TELEPHONtio. FEE CHECK NO. DATE 3l0 ' loZ .j MAILING ADDRESS a t-LI 695 ro k,ln /►r.+dw► APPROVED BY: DATE C%YOd{/, APPLICATION IS HEREBY M/9DE FO RR A�/HHAA O®PER�MJ/I,�T TO ❑ 00 1 0. OCHD CONSTRUCT/ VISE A ;' I AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF ENGR Idyl// - NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING By COMPANY COUNCIL * I I DA ED DATE DEPT. ❑ ''ESCROW INSPECTION ❑ �' SIGNATURE 614� 7-1,0440 El SPECIAL CONDITIONS: 1 CITY OF NEWPORT BEACH, CALIF, I Wx FORM 6e.1010 Mki LING.AD'DRESS.;�„d¢; TELEPH FEE; CHECK NO.d .DATE ' 'pP.PROV ED, BY: DATE ,:{ APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO CONSTRUCT�6!'EVISE A AT THE ABOVE: LOCATION IN ACCORDANCE WITH THE CITY OF - -ENGSi NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING `^COUNCIL BY COMPANY` z DATED DEPT. "'ESCROW ❑, DATE / INSPECTION ❑::._ '� SIGNATURE q/ Eir SPECIAL CONDITIONS '�,,' "'b yes .r �,»�•r='wr'1' r� CITY OF NEWPORT REACH, GALI F. Wx FORM 6e-1010' RICHARD K. SHOGREN, P.E. Consulting Civil Engineer (714) 636-1620 December 6, 1985 Mr. Tony Melum City of Newport Beach Marine Department 70 Newport Pier Newport Beach CA 92663 File No.L1206144 J Re: Bulkhead Replacement and Upgrade at Newport Harbor Shipyard Dear Mr. Melum: Our client, Newport Harbor Shipyard, proposes to replace a failing bulkhead and a failing sandbagged installation at their service and repair facility at 223 21st Street in the city of Newport Beach. The structures designed by our office consist of precast sheet pile panels which will be jetted in place and tied back with state-of-the-art anchor rods to buried concrete anchors ashore. The bulkhead replacement is designed to accomodate soil pressures generated by a M7.0 earthquake along the Newport -Inglewood Fault; suffice it to say that the current bulkhead has a high probability of failing in such an event. The attached documents illustrate the scope of the work intended, and the plan set provided earlier to your office show the construction details: We will appreciate your assistance in obtaining the necessary approvals from the City in order that we might proceed with the remedial work as soon as possible. Please call me if I can be of further assistance, or if you have any questions. Yours very truly Richard K. Shoff Copy: Newport Harbor Shipyard 12755 BROOKHURST ST.. SUITE 206 • GARDEN GROVE, CALIFORNIA 92641 CITY OF NEWPORT BEACH ,.� u! �' ..`-' PLANNING DEPARTMENT PLAN REVIEW REQUEST Date November 14,1984 ADVANCE PLANNING DIVISION PUBLIC WORKS DEPARTMENT X PLANS ATTACHED (PLEASE RETURN) TRAFFIC ENGINEER FIRE DEPARTMENT _ PLANS ON FILE IN PLANNING DEPT. APLAN REVIEW DIVISION PARKS & RECREATION OLICE DEPARTMENT MARINE SAFETY GRADING APPLICATION OF Howard C. Bishop III FOR: Use Permit No. 1922 (Amended)I Request to amend a previously approved Use Permit which allowed the establishment -of a boat repair and maintenar_ce facility on property located in the C-2 District. The proposed amendment includes request to construct an 90 foot high boat crane at the existing boat repair facility. LOCATION: 223 21st Street REPORT REQUESTED BY: November 26, 1984 COMMISSION REVIEW: December 6, 1984 2 COMMENTS: Siqnature MIMI PIFIZI .liir / / / itrA �'/ ice_ ✓ —AW All, 1 71a"4mo, Datef/�ZO, -'344' �lu� �,yyk ; f G�y� O�ufaih Tlrz�� you N Brion! 'ponnette Rrchite(. BRion !. JEAMETTE & AffOCIATE! ARCHITECT! PLAnnER! 504 NORTH NEWPORT BLVD. (714) 645-5854 NEWPORT BEACH CA, 92663 MEMBERS A.I.A. STATUS SHEET HARBOR PERMITS LOCATION Z New PERMIT N0. //` -1 7 3 Revision x af APPLICANT NAME '"`k *� Dredging x CONTRACTOR Date Rec'v f T - Fee Amt. Fee Processed Date Reviewed by Marine Dept. Approved Denied Corection ;Required - Description City Council Approved Denied Remarks k �4 a DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC SARWQCB J.H.C. OR. CTY. T.I.C. 1. Application 14�(-90 2. Consent Ltr. 3. "Waste" Ltr. 4. Drawings 5. Staff Report 6. 7. 8. REMARKS DATE FINAL INSPECTION MARINE DEPARTMENT June 17, 1980 TO: FILE - 119-223 FROM: Tony Melum SUBJECT: PERMIT #119-223 On June 6, 1980 I met with Ben Nolan, Howard Bishop and Mr. Bishop's representative, to discuss the raising of the bulkhead at the pro- ject site on the above permit. The applicant wanted to be exempt from having to raise the bulkhead to a plus 9 from its current height Mr. Nolan explained the City's position regarding plus 9 as a requirement on bulkhead work and the flooding problems it was beginning to solve. He also suggested that the bulkhead be raised, but that a notch (that could be plugged) left in for the clearance of the hoist platform. This seemed the most feasible solution to the applicant if the bulk- head had to be raised. Mr. Nolan was firm that it had to be raised. The applicant will discuss this with his engineers and resubmit his plans. The only other alternatives that were disucssed were: 1. Replacing the bulkhead at its current height. 2. No. 1, plus some sort of retainer wall around the property to prevent flooding. 3. Doing nothing. Tony Melum Tidelands Administrator TM:ak CITY OF NEWPOR'T BEACH CALIFORNIA City Hall 3300 W. Newport.Blvd. V Vit N.L tr211b..il . The City of Newport Beach has granted its Approval of Concept for Harbor Permit Application No. 119=223 by Howard Bishop and will issue.the.permit subject .to.the approval of the U.S. Corps of Bngin-. eers. Sincerely, Tony Melum Tidelands Administrator Marine Department TM:ak DEPARTPiENT OF THE ARMY LOS ANGELES OIS! RICT• CORPS OF ENGINEERS P. O. BOX 2711 �r( LOS ANGEL7S, CALIFORNIA 90053 26 JZ]iJe 1980 No. 80-168 SPLCO--N City of Newport Beach Maxine Safety Dept. 70 Newport Pier Newport Beach, CA. 92660 Gentlemen: Youron e comments are solicited on the proposed work withinithe reach ofsheethe Mean High Waters of the Pacific Ocean describe If public comments, coordination, or funformationanalysis theresults conclusions the of development of significant additional info ro riate changes the preliminary assessmentwill e ll b`Final1Enviruated and onment 1 Ae r ssessment. and determinations included Receipt of your comments within 15 days will be appreciated. Sincerely, XGWYNNI, TEAGUE 2'Incl Colonel, CE 1. Application w/Drawings District Engineer 2. Preliminary Environmental Assessment LA FL 569 Oct 79 June 9, 1980 TO: MARINE DEPARTMENT, attn. Tony Melum FROM: Public Works Department RE: BULKHEAD ELEVATION ALONG RHINE CHANNEL NORTHWESTERLY OF 21ST STREET This will confirm the discussion at our meeting of June 6, 1980 with Brion Jeannette and Howard Bishop regarding the bulkhead coping elevation adjacent to Mr. Bishop's project. The Public Works Department feels that.the City's long-standing policy of requiring an elevation of +9 MLLW for the top of coping of new and reconstructed bulkheadsshouldbe maintained. This policy should be applied to all harbor permits for such work, including Mr. Bishops. In order to provide for the marine railway tracks and car tra- versing the bulkhead into Mr. Bishop's site, it may be possible to reduce the elevation for the width of the car if a satisfactory design for a moveable barrier across the reduced elevation portion can be achieved. We would like to suggest that the preliminary design for the moveable barrier be reviewed by all interested parties before final design is completed, and issuance of the harbor permit is considered. It is our hope that a cooperative effort can forestall further unnecessary delay and expense on this matter. ` J ILL Benjamin B. Nolan Public Works Director cc: Mr. Howard Bishop Mr. Brion Jeannette Dave Harshbarger Don Webb Ken Perry — .Y NO. 80-168 BOATYARD NEWPORT BEACH 27 MAY 1980 ENVIRONMENTAL IMPACT. A Preliminary Environmental Assessment has determined that some adverse impacts would occur as a result of the pro- posed action. Construction of a boatyard consisiting of one marine ele- vator, two gangways, sixteen concrete guide piles and two boat docks in an existing high -density area would increase boat traffic and resultant navigational hazards. Because previous development and the heavily traf- ficked nature of the channel preclude the presence of significant biolog- ical communities, only minor impacts are anticipated. Project construct- ion would result in a temporary condition of turbidity causing some. mortality of non -motile and filter -feeding; organisms. Shading by the proposed structures would decrease light penetration, resulting in re- duced levels of productivity; however this would be a high.ly.localized impact. Benthic habitat in the project area would be disturbed, but the placement of sixteen concrete guide piles would provide substrate cap- able of supporting attached organisms. Other short-term impacts include elevated ambient noise levels and temporary impairment of air quality. and aesthetics during the construction phase. Preliminary review of the proposed action indicates that the project will not significantly affect the quality of the human environment. There- fore, preparation of an Environmental Impact Statement is not anticipated at this time. Should significant additional information be developed con- cerning the proposed action or should the application be significantly modified, the effect of the action will be reevaluated and a supplemental assessment will be prepared. The supplemental assessment may conclude that an EIS is required. FLACE5 IMPACT ON HISTORIC.�.'AND NATURAL LANDMARKS. The proposed activity is not located near any of the sites listed in the National Register of Historic Places or the National Registry of Natural Landmarks. Anyone having knowledge of archeological, scientific, prehistoric or historic resources 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 will be suspended immediately. The findings shall be reviewed and appropriate action will be taken. kk&Lw J - P;ck d- ANDREA J. PICKART Physical Scientist j u, pl -64 o _ r ---- -. (J 4' .� \ a k y VICI NJITY SKETCH ,I n �srfy Vcwc©cvr O9AY CAL is®aaPVIA y r a p yrvlcf o-":;/- / fs2/ow Meo.7 Lower Low van9e' of fide op�ivzcr�os�aa/r /O ore CsSiab/f'yhcod in /hig sec/rorf b t P Ile tv P Y April 24, 1980 TO: TONY MELUM, MARINE DEPARTMENT FROM: Dick Hoffstadt, Public Works Department SUBJECT: USE PERMIT NO. 1922 BULKHEAD DESIGN PLANS The Public Works Department has completed the review of the subject plans. The plans should be revised as noted on the attached check prints, and then resubmitted for a second check along with the original check prints. If you have any questions, please call me at 640-2281. Richard L. Hoffstadt Subdivision Engineer RLH:do Att. CITY OF NEWPORT BEACH MARINE DEPARTMENT April 8, 1980 TO: DICK HOFFSTADT, PUBLIC WORKS FROM: Tony Melum, Marine Department SUBJECT: USE PERMIT NO. 1922 - APPROVED CONDITIONALLY ON DECEMBER 6, 1979 BY THE PLANNING COMMISSION The applicant wishes to build a boat repair facility at 223 21st Street. Part of the construction will require the removal of a portion of the existing bulkhead and its replacement with longer panels to give added support. Applicant also wishes to build a vertical boat lift supported by 16 pilings and attached to the.bulkhead. These constructions will require a Harbor Permit, however prior to its. issuance, Don Webb suggested that Public Works Engineering Department review the applicants plans for the above projects and make their recommendations. I have attached a set of the plans provided me by the applicant for your consideration. If I can be of further help, please call. Tony Melum Tidelands Administrator TM:mw Attachments Al. CAT N FOR A DEPARTMENT OF THE ARN ERMI" Fo,,,,ise of this form, see EP 1145-2-1 The Department of the Army permit program is authorized by Section 10 of the River and Harbor Act of 1899, Section 404 of P. L. 92-500 and Section 103 of P. L. 92-532. These laws require permits authorizing structures and work in or affecting navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation o.f dredged material for the purpose of dumping it into ocean waters. Information provided in ENG Form 4345 will be used in evaluating the application for a permit. , Information in the application is made a matter of public record through issuance of a public notice. Disclosure of the information requested is voluntary; however, the data requested are necessary in order to communicate with the applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be pro— cessed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and checklist) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. 1, Application number (To be assigned by Corps) 2. Date 3. For Corps use only. a�25 S March 1980 f Day Mo. Yr. l'? CS 4. Name and address of applicant. 5. Name,, address and title of authorized agent. Howard C. Bishop III 1748 Bonaire Way Newport Beach, Calif. 92660 Telephone no. during business hours Telephone no., during business hours A/C (.714) 6�5-2 5 r; n A/C ( ) A/C (714) 6 -:� 2 4 4 9 A/C ( 1 6. Describe in detail the proposed activity, its purpose and intended use (private, public, commercial or other) including descrip— tion of the type of structures, if any to be erected on fills, or pile or float —supported platforms, the type, composition and quantity of materials to be discharged or dumped and means -of conveyance, and the source of discharge or fill material. If additional space is needed, use Block 14. Construct a boatyard consisting of the following: one (1)marine elevator two (2) gangways, sixteen (16) prestressed concrete guides piles,'and two (2) boat docks. 7. Names, addresses and telephone numbers of adjoining property owners, lessees, etc., whose property also adjoins the waterway. William Blurock 2300 Newport Blvd. Newport Beach, Calif. 92663 (714) 673-0300 8. Location where proposed activity exists or will occur. Address: Tax Assessors Description: (If known) 223 21st Street 79-732 814 10 Street, road or other descriptive location Map No. Subdiv. No. Lot No. Tract # N ort Beach CA 92663 ewp , In or near city or town Sec. Twp. Rge. Orange California 92663 Section A, Block 221 County State Zip Code 9. Name of waterway at location of the activity. Rhine Channel, Newport Bay, Newport Beach. Fi,t:n 4345 1 OCT 77 Edition of 1 Apr 74 is obsolete. '` 051 MNX " 7-102V - ,4 Sire 9.5 A, ea pa'`^' acwwo D Opp, A v!CImITY SKETCH w11rJcrrr c... j ere; Naar>moar SAY. CAL 1PORWA Yf / 5,0und',n95 oie e,raressc"d rn {Qei� and &OnOid? daPths be/ow tircon Lower La++r Wofer. Moxr..w,n ro,>9e of r'ida op proxiswrojr/y /O "cef. porhoi %.ifc5 Ore esfob/r'she�i%� fhis , secfio r or4 c'M~ rf mar 60� Z. ®T /0 rA .. % / i� v �v �I PD,PvSZ -D L4 "W q 403 p;) lap 0 •�1/�L7 C'/ 't-/C? C r T,eACr 9/4 PERMIT NO. DREDGING APPLICATION Project Location: 223 - 21st St. Cubic Yards- to be Dredged: 188 Method of Dredging: Hydraulic Suction Nature of Dredged Material Sand/Silt Disposition of Dredged Material: Haul to sea and dump at Latitude 33°31'42"N, Longitude 117°54'48"W .Method of Material Disposition: Burge to sea Turbidity Control Method: Material to be contained in dump barge at -dredge site Effect of dredging on contiguous bulkheading and beaches None if Wm. L. Harris , hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. :Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. Howard Bishop ,(.Applicant -type name 4/2/80 (Date) Shellmaker, Inc. Contractor -type name) Signed: J t � Contractor's Representative t.___AUFORNIA EDMUND G. BROWN JR., Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST REGIONAL COMMISSION 666 E. OCEAN BOULEVARD, SUITE 3107 cc P O. BOX 1450 LONG BEACH, CALIFORNIA 90801 COASTAL DEVELOPMENT PERMIT . (213) 590.5071 (714) 846-06AS Permit Type: %% Administrative % x/ Standard /_7 Emergency Application Number: P-80-6490 f Name of Applicant: Victor Swanson, c/o Howard Bishop 1748 Bonaire Way, Newport Beach, CA 92660 Development Location: 223 21st Street Newport Beach, CA Development Description: Resubdivision of an .31 acre (1380 sq. ft.) site, upgrading, and remodeling of existing structures to include a 2208 sq. ft. shipyard, office shop, upgrading, and partial reconstruction of an exist- ing builhead, and construction of a new ship launching elevator system and maintenance surface area. Eight on -site parking spaces are provided. I. Whereas, at a public hearing, held on March 3, 1980 at Huntington Beach by a vote of unanimous tyox the Commission hereby grants, subject to condition/s, a permit for the. proposed development on the grounds that, as conditioned, the development is in conformity with the provisions of Chapter 3 of the Coastal Act, will not prejudice the ability of the local government having jurisdic- tion over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act of 1976, is located between the sea and the public road nearest the sea and is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. I. Conditions: . none I Condition/s Met On By rgc I. This permit may not be assigned to another person except as provided in Section 13170 of the 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 w ich 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. V. Work 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 expriation of the permit. 'I. Issued on.behalf of the South Coast Regional Commission on March 18 , 198 0 M. J. Carpenter Executive Director permittee / agent , hereby acknowledge receipt of Permit Number P-80-6490 and h av, accepted its contents. (Date) (Signature) &--�.4cta C7' _SrT ' T Zoo aoch !/TIS7 j'oi� OFG-`X/ST BL.�c''D f:8• o , � U� Af c R TQ i1 oii' �- iAy jo+ Qo,7 C /ice Cf _ c� �/ V I C I M I T Y S k F T C N war �Frrr cwar ror,4� ,I iezzUI�wg ` %�/19 Cv. Yti>.,_ Nawoortr �Ar, CAL °ronnaI.a y 1. Jerry Soltnd/ngs are expicssed !n &ei ornd d�nofe dap /h s b e%w It-/aorr ZOW,-r G o w k/o fer iYlaxi sscsrr� ro.�9e of fide opproxir»o�a/y t0 tCe� HcarooY /,fires are Gsi0�7/!Shod !n 'this . secrrion of'NewPorrr Boy. 1 Lo r jo -1 71-el4C7 :Sz4' eST q r /D B t,r, �.! T kAC7- 1 �os9 �DU�2ESS .' �d 5-71- 'L:--r Col rVACro,Z OAr—e, HARBOR PERMIT ORRMISSION IS KZR'F-BY GRANTED TO CONSTRUCT AND MAAFiYAIN THE FACN M SHOVY-N OM 3` E l"zV9flS!9 HISRIE(w, AT THE SITE ��'�d� r�3« "a, S�b�s:��'�:a" t ��;".'; F�i��y+'b3JPlS OF ANY SPECI�L IS NOT VER AN:.mFERI,+~PM.2- + lvpiEfifi r of y o. T!�E �,�"�" e�w,ii��;;�i� ��::�.+..�?..��;"�:�s� cm.�s^'s'sr CU.Ka,.u3.. 3iE AND TNUS PVMr0fT VIA i` 9 K ti^ L RV 11ki"e' CiTy 's9` ell CITY HARBOR C00IRT M A'rOR orange COUVAY othe" 4- _ffl CITY OF NEWPORT BEACH MARINE DEPARTMENT April 28, 1980 TO: MAYOR AND CITY COUNCIL ITEM NO.: H-14 FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION NUMBERS 101-104, 143-32 AND 119-223 FOR MAINTENANCE DREDGING Recommendation If desired, approve the maintenance dredging applications. Discussion The applications require City Council approval under the conditions of approval placed on the City of Newport Beach general permit for mainte- nance dredging issued by the U.S. Army Corps of Engineersi on February 12, 1974, and subsequently amended on May 10, 1977 to allow beach restor- ation. The locations and applicants for the proposed dredging project are: 101-104 1353 Bayside Drive California Recreation Co. 143-32 32 Harbor Island Briggs Cunningham 119-223 223 21st Street Howard Bishop The staff has reviewed the projects and has determined that the work will be done within the parameters of the Corps of Engineers permit. The dredging contractor will place a filter screen around the dredge area to control turbidity. There i.s no known eel grass in the vicinity of the project. All dredged material will be hauledtosea and dumped. D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT Tony um Tidelands Administrator TM:nn MiNUTES lecember 6, 1979 O 5" O tC7 na Uty of Newport Beach, RO ....,•.,�..,r saa.!� axti. ..xa.:.,� ,c-.`�a.�M:: a Y..�"x�.xi. �sr,w-':.�iT.�x... "'s'qu:�'i�?r�z'+"e.' Y.,�3.�"�.w ,'=:�3� •s'''...rR't�.�i"''�. ,�.,.� ..,,., "� t � xINDEX 1� .,� .emu dm �+�s"m" •^�'�`s�°*sititi.�:'."� Motion $x Motion was made that the Plannniirig Commission ap- prove Amendment No. 540. 0. Commissioner Haidinger",.e 4ressed his understand- ing that anyone who has such a tanker and is do- ing something that°'this would prohibit would be allowed to cont igli e to do so, so that there is no great inco venience to him. Mr. Hewix er stated that this would represent a 1 ega1�„e°,hvn-conforming ,use and the person with this si i,Yua Li on would be able to contin-ue to use it ,,uf der the non -conforming section of the Code. Augie Waaner, Fire Marshall, replied that there w'. are no residential areas in which there are under- ground storage tanks, and if there were, they would be illegal and would be removed. AyesLL F x x x x Motion was then voted on, which MOTION CARRIED. Abswent k Request to establish.a boat repair and maintenanCE Item #10 facility in the C-2 District, and the acceptance of an Environmental Document. The proposed de-- USE PER- velopment includes a vertical lift on Newport MIT NO. Bay. 1922 - LOCATION: Lot 10, Tract No. 814, and Lot f'.os APPROVED 11, 12, 13, 14 and 15, Block 221, CONDI- Section. A, Newport Beach, located TIONALLY at 223 21st Street, on the north- — westerly side of 21st Street, be- tween The Arcade and Newport Bay. ZONE: C-2 APPLICANT: Howard C. Bishop III, Newport Beac OWNERS: Victor J. and Eileen. Swanson, Apple Valley AND -15- COMM6SIONIERS _ r.pp December 6, 1979 33' �� �; = City Newport Beach ''UOM 5.'E"�..''�r"rn°'';^, ''�'.r MM—s°'2:2 ROLL CALL I I g MINUTES n Request to establish one building site and eli- Item #11 minate interior lot lines where six lots now exist so as to permit the establishment of a RESUB- boat repair and maintenance facility on the pro- DIVISION perty• NO. 644 LOCATION: Lot 10, Tract No. 814, and Lot Nos APPROVED 11, 12, 13, 14 and 15, Block 221, CONDI- Section A, Newport Beach, located TIONALLY at 223 21st Street, on the north- westerly ,side of "1st Street, be- tween The Arcade and Newport Bay. ZONE: C-2 APPL-ICANT: Howard C. Bishop III, Newport Beach OWNERS: Victor J. and Eileen Swanson, Apple Valley ENGINEER: Gary Siegel and Company, Tustin These items were heard concurrently, due to their relationship. In response to'a question posed by Commissioner` - Allen, Fred Talarico, Environmental Coordinator, replied that they will be removing an existing bulkhead and putting it back in to give the structural support needed and the volume of water and water life would not be disturbed. The Public Hearing was opened regarding this item and Brion Jeannette, 504 N.-Newport Boulevard, Architect, appeared before the Planning Commissio and explained that they are taking an existing boat facility and making it a useable boat faci- lity and adding a small storage building on the eastern side of the property for safe storage - o.f flammable liquids and controlling any wash - down of bad fluids. In response to a question posed by Commissioner Beek, Mr. Jeannette replied that the concrete pylons will. support the float and the boat will ! i .� -16- ",A)MMISSIONERS11, MINUTES r_ December 6, 1979 ° ate; CO cD of Nevmort Beach 3,'w"'"a-0 1/:*.err.�s-cr..v�::..ws,e'u"s...��4;u.�.���" drive in between the two fingers and the vessel will be hoisted up to the platform level and tracks will take it into the boatyard. He fur- ther explained that the transfer area is left - open for maneuverability, and the rails are de- pressed train rails in concept, and the hoist itself is attached to the bulkhead and at two points down the length of the hoist is a pier. Howard BishopsNewport Beach, explained that the vertical lift has four motcrs on it ai`�d --here are four pilings under each motor and the cement walkways that start from the bulkhead and go out 60 feet are underneath the electric motors and there are supports for.that and when the tabl is down., the center.part lifts the boat for people to walk on. In response to a question. posed by Co mmis-ioner Balalis,'Mr. .Jeannette replied that the existing 2,000 sq..ft'. office building site will be used solely for the business and the first fl-oor will be metal working and woodworking shops and the upstairs will be the office function. Bob Rubian, Proprietor of the Crab Cooker, ap- peared beforethePlanning Commission and stated that he has a warehouse the entrances of which Of point the at are - p the boatyard proposal. He expressed his feeling that the boatyard is a good project,.but expressed his concern that large boats and recreational vehicles will be accommodated, possibly blocking the streets and the thoroughfare and -circulation and the loading zone and driveways in and out of nearby establish ments. In conclusion, he expressed his second concern that parking is deficient. Mr. Jeannette explained that the maneuverability of large boats will all be coming through the water and won't be launching on a weekend basis, but will be coming directly to the yard and go- ing on rails and not wiraiting and when leaving -17 C,�i��F�11��' MfNiJTES n December 6, 1979 r t��.Di SJ D J9Of New Beach port - i .. -Y.a ui� ..FTa^._ �r,3:--..�;��.:_�..Siar..'.b.�C..a�:.ae�rsawm `�-.r_�Q,��M `.'ti i':. v � 9m'�yQ`�"`@R s "' L 0l INDEX ...::rx-m'' `.0 the area via the land, it will go out the gates. In answer to Mr. Rubian s last concern, Don Webb, Assistant City Engineer, replied that there are two drive approaches on 21st Street and one of th required conditions is that the unused one be closed up and can be used for parking. Mr. Rubian expressed an additional concern re- garding the 24'pedestrian opening from the 29-nd Street Arcade onto the premises, stating that one or two public meters would have to be elimi- nated in the arcade area, inquiring whether the 24' opening is necessary,. or whether the exist- ing 18' is adequate, leaving the two parking places as they now exist. Mr..Bishop responded that they do not intend to remove any parking.met.ers. The Planning Commission agreed to add a condition to follow Condition No. 1 to read, "The entrance from the arcade shall be such that it will not reduce the number of metered parking spaces." Commissioner Beek posed a question, to which Mr. Bishop replied that there will be one speci- fic place for washdowns, which will have a leachi g - system in it which will be there strictly to col-, lect barnacles; solvents, etc. that come off the bottoms of the boats, and will eventually lead back into the bay itself, but will filter all the impurities as it does and will necessarily `have to be cleaned out periodically and will have to comply with the California Regional Water Qua-, lity Control Board. Mr. Hewicker replied that beginning on Page 9 of the Initial Study, there are mitigation mea- sures proposed which are made a part of the con- ditions, beginning with Mitigation Measure No. 1.0 and ending with Mitigation Measure No. 14, all dealing with retention basins, grease traps, regular sweeping, etc. t -18- MINUTES , D e c e m b e r 6, 1979 0 ej P-: ' City ort Beam MIN ROLL CA! L ! INDEX C�� Motion was made that the Planning Commission make Motion Ix the findings as included in Exhibit "A" of the Staff Report and approve Use Permit No. 1922, subject to the conditions as included in Exhibit "A" of the Staff Report, with the additional con- dition added following Condition No. 1 to read, "The entrance from the arcade shall be such that it will not reduce the number of metered parking spaces." Commissioner Beek inquired whether it would be acceptable to the appl .i c-ant f a speci'i c condi tion were included that all rainfall would be drained through the leaching system to insure that anything on the property go through the leaching system before going into.the bay. Mr. Bishop replied that the back end of the pro- perty is included with.the EIR Initial Study and at the. bulkhead there is an elevation of 42' and. at the rear of the property there is. an. el e vation of 620.' and at the Arcade there is an elevation of 542' so that it.would be impossible for water to go over the back end onto their property, and that the catch basin is 48' long, -22' deep and 85' wide and can contain a large amount of water. He added that if they find that the leaching system is too low, hydraulics will indicate this and there will be a pump that .can, put it back up to a flow level and the entire system is cleaned out periodically. Ayes K x x xK x Motion was then voted on, which MOTION CARRIED. Absent ot i rs x Motion was made that the Planning Commission Hake Ayesx x x the findings as, included in Exhibit "A" of the Absent * Staff Report and approve Resubdivision No. 644, subject to the conditions as included in. Exhibit "A" of the Staff Report. There being .no further business, the Planning } x ommission"adjourned at 10:15 p.m. rft-r.a,_Allen, Secretary Pl anni nag-�m�mi s s i on City of Newpbr�_�,Beach -r I f �� �' i' ..� l Lsa INTRODUCTION PURPOSE OF STUDY This Initial Study has been prepared in order to assist the City of Newport Beach in assessing the individual and cumulative impacts of the proposed redevelopment of the Newport Harbor Shipyard. This study ad- dresses all of the areas where the project could potentially have a sig- n ificant impact on the environment. This study has been prepared in accordance with the requirements of the State EIR Guidelines and the City of Newport Beach Guidelines for Implementation of CFQA.- PROJECT LOCATION The proposed project is located on the northeast corner of 21st Street and Arcade (223 21stStreet), in the Cannery `tillage area of Newport Beach. The site fronts on the Rhine Channel, across the street from the Spaghetti Factory Restaurant. The project location is shown on Figures l and 2. Fi,ure 3 shows the site from an aerial perspective. PROJECT DESCRIPTION The proposed project consists of a resubdivision of the .31 acre (1,380 sq. ft.) site, upgrading and remodeling of the existing on -site structures, upgrading and partial reconstruction of the existing bulk head, and construction of a new ship launching elevator system (hydrolic lift facility) and maintenance surface area. The bulkhead would be con- structed along the U.S. Bulkhead Line and the elevator extended to the U.S. Pierhead Line. The existing site conditions are illustrated in Figure 4 while the proposed development plan is shown in Figure PERMITS The proposed project would require a use permit, a grading permit, a harbor permit, an Army Corps of Engineers permit and a Costal Commission permit, building permit and a n environmental determination by the City Environmental Affairs Committee, FIGURE 3 AERIAL VIEW OF SITE w Lsa FIGURE 4 5 EXISTING TOPOGRAPHIC MAP 4 .G v •A'l.00• �� DASIS OF BEARINGS MONUMENT NOTE!! BENCH MARK OF A PORTION OF LOT 10 OF TRACT NO. 614.-M. M. 24/35, 36; AN trrr••s A.rw A..r.. r.. r...d .. Mj ..nar/...r • - r• s./ i�..i /r.+ : r....r /.f .A.rp.i *e.g. i../, u • do• u e LOTS 11. 12, 13. 14 AND A PORTION OF LOT 15 IN BLOCK 221 ./ rwr NwN b..y'•s M Ir'i0'IO•N. r rAr..n .•. • '^Y /,.wV n �•'^ i7. /•/• !r •• •"'/'s•/ '~"• '^ � c././rs' ./ Y p./nn .A.�.� /A„r: — t • �•/ •f/Ar .b.w%^"'^ �+k hw•♦♦ I w— N✓Mwd . I•IIu I/r/. IM MI ONirr OF SECTION A. N6WPORT BEACH, M. M. 4/21 ; AND A AN Mry N /M [•rMy TK rrJar N Orn/• /t•, GAh♦w». l.l. //!f' ./ // pr^/• •Arrw 11 rre - /w I•/I•• h /Ar /nAvrrr r/rn r/M /!IA l/.: •A+r/ PORTION OF SECTION 33. TOWNSHIP 6 SOUTH. RANGE 10 Ar A I A J, �rmd Ar./, ..,, ti.lA.w• d �,l.lrlt' p. ! r•1. 1 / ✓.^r A• A•.,•^r 'w/•n / —,A•r a/rd. /r•.. /n• /1 WEST, SAN BERNARDINO MERIDIAN. - per M. l7•t7 r/ .!/ p•/wnlArrwIwr , ••.�•�} �' p•r^� •%'" "'^•r^'^/' '• ^'^•d• cr hrA:r r1 M Jl.:�• w /n.w. here• /I/! �•I w /M f•rMwr/ rn •/ • rwwa/. Ar ../rw ...., �.• .,ph.n M«r /M ,..d. IN THE I CITY OF NEWPORT BEACH, ORANGE COUNTY. CALIFORNIA. - /170 Asamir-oArr - (Cl v, L //. pr. - ti • „ O ,t 1L ^ Q h µ/,•, L� 5 tt s -1 au,ca/✓o ,�t l � ? L/f� (� � � W w�i i• C.—,./. p. ;', cowwrcw Tao •rlry,, ser�ao,w,a N. 03'09'3prtc _ . l SCALE' /57. JG'.._..... Ys"r 1'o" 1 / N t ������ �VOlt o 1,Q e ga oy"i V y �O\ 4 , tAww 1 L` �20• C iZ� u ., I 'f ZLS IL ♦ Lrl[r' 4 SE rJll LL r' t .. Igwlrels 1 po".'9 4t ; k� +t r ' /.cr Irr.wsgslw •?rsL .. 0 /RlY r TWO STORY'STV[GOG ecau f. p. ItIV. !:/I ,,tr,n /m• /Mar N rL/. �11 L�� •--r /i0.0! jj}}{{11 4 �' �.-4 MGM M Y ' q %1� /. /1•`/. w'��' _._--- �~ • t N�,J•I.M _l� !L ••' � Ia•r _ / ` ^/ + CZ C.vr ra•»•• J.. 3 ./' err 4 I�, . r , .N /7 O/ L C,sw.0 rlla . 21 • ,. �_. ' ^• —,. - o/' ..... •• �� • ��T' -�' rt 1�0�•=� •,���•� ..r•-� ��� �� 1 -V1 lit rim_ riL, t L'.... .. j�.' r r.w. �I ', =o _� �•' �"�• A.C. /•rind l..r. •f-frY/) R i9 i'Y.j I/Pq'.T .,•Ire. s'� �, Nrr--' •^T, `-- —_ nonA * , may--- h�� �� —� �^� 01"L. f+ ,,I1si /•../rM .I.... N, C!'17. STREET „-.-- GENERAL NOTES: /. .hT rr.• N A - rp.[/ p �rrly, w //�< i/ M•• it r,., nr _,..vr•.'y %l hr MAy .ds s.• �/.rI • Is rn r.. rrnc• .•/enci •I r ...• l .A.•c/%ny iinr i. +�• p �.ry ../ ..ys. J. VnNr�r.rnl L,/,/ • rA.rn V.rrrn rw/ ul�d +y d•rrs/'�� N m rrmrn/ / m rdl < wrNrr prrhµ M •n /n% rm•/.in ��� ;1rG�rrr• .X y rni r/y /h. r./.•:'. pr o,r/y. (lq . V 0 FIGURE 5 6 I i SITE DEVELOPMENT PLAN Car - z�gr:. 2 - 7Ynsltv6D �}' �: T1E¢3iCdD—• - __ _LING i - EUTOY —FaOl1�-.HOIST. NOW coNcaNTM- -Y-AW -ruvoua"OUT r i Vi ot MY �. Yf)6,¢ Of • aa, - G E o p 1 _�2�II•�•�Y it ',-Y' - •r1 >�r `✓I f-- LIIJ.G Lr46 D i • .. .S r4. .,lid- ,•1- �r.ly.«t .A r • �, Lsa ENVIRONMENTAL ANALYSIS This study focuses on issues which potentially could be impacted by the proposed project. These issues.include land use, demolition and bulkhead construction, water quality, circulation and aesthetics. LAND USE Existing Conditions. The site is located in the southern end of Cannery Village, an area of mixed commercial light industrials marine, and visitor - serving facilities. Tfne site itself has been used for many years as a boat yard. Major uses in the immediate vicinity of the site include Bertram Yacht Sales, the.Spaghetti Factory Restaurant; the Crab Cooker Restaurant, and various marine contras tors The site is designated on the land use element of the General Plan as Recreation/Marine Commercial. The General Plan calls for the development of a Specific Plan for the Cannery Village. There have been several studies completed in the area, but no plan has yet been adopted. The zoning for the site is C-2. Impacts. The proposed project includes as a primary use; the continua- tion of the existing boat yard. This is consistent with the General .Plan and Zoning for the site pending issuance of a use permit and will not adversely impact adjacent uses. The applicant proposes to provide additional on -site maintenance storage and landscaping adjacent to 21st."Street. This project would.enhance the -marine -Character of the Rhine Channel area and would prey serve much needed marine services. A secondary use for the project includes upgrading the approximately 2,208 square feet of office building on the west end of the project site. Provided that this office space is used for marine related purposes, it is also consistent with the General Plan and Zoning. Mitigation Measures.' None are required. DEMOLITION AND BLUKHEAD CONSTRUCTION Existing Conditions. The site is immediately adjacent to the mouth of the Rhine Channel which because of its relatively poor water circulation has generally poor water quality. In addition, debris collects at the end of the channel, and while this is not a serious environmental problem, it is aesthetically unpleasing. Impacts The existing structures will be remodeled and upgraded. The concrete maintenance surface 'will be completely removed and a. new surface installed which will accommodate the rail transfer tracks of the marine elevator. Improvements to the bulkhead will include removal and recon- struction of some parts.of the existing bulkhead and repair of the remaining bulkhead area. Figure '-in the Project Description identifies the area which will be replaced and those -which will require repair. During the maintenance surface removal process, subsequent to recon struction, there will be a potential for debris and pollutants to be in traduced into the bay. This is a'.normal condition adjacent to the bay and the potential impacts can be readily controlled. Due to the absence of an intertidal zone and the assumed levels of heavy metals in the vicinity of the boat yard, it is generally recognized that the proposed bulkhead improvements would not have a significant effect provided that the bulkhead is located behind the Bulkhead Line so that there would be no reduction in"the water volume of the Rhine Channel and that dredging requirements be limited.to 200 cubic yards. Mitigation Measures. The following impact control measures are included as part.of the project as.are otherwise required to offset adverse impacts. 1. during construction activities, debris will be prevented from en- tering the bay through the use of traps and containment booms in a manner satisfactory to the Community DeveZopment and urine departments: WATER QUALITY Cxsting Conditions. As mentioned above, the Rhine Channel has poor water circulation and lmi�.ed flushing action. Previous water sampling studies have indicated that the hater quality in the Rhine Channel is poor. Low levels of dissolved oxygen, concentrations of heavy metals, lack of clarity, and floating debris are the primary problems in the channel. It is assumed that there is a heavy concentration of heavy metals in the immediate vicinity of the existing boat yard from marine paints and petroleum product uses in operating and maintaining the vessels using the yard. Impacts Construction impacts in the channel area have been discussed above. Therefore, this section will address the impacts of _operating the new yard. 9 Lsa Any boat yard operation, because of the nature of the operation and its proximity to the bay, poses potential water quality problems. Because of the design of the existing facilities, with the concrete supports leading into the water, it will be difficult to prevent pollutants from entering the channel. The proposed projects with the flat work area and surrounding bulkhead, represents a possible improvement from a water quality perspec- tive. Runoff can be controlled and pollutants and debris cleaned up prior to entering the bay. Mitigation Measures. The following mitigation measures are recommended: 2. the appZicant aiZZ maintain the site in a cZean and`orderzy manner and wi M nrov:de.for periodic debris collection and disposal. 3a The applicant and the City will explore the feasibility and desir- ability of providing a drain connection to the sever system. The drain would be designed and located to.allow for the periodic "washing down" of the work area without adversely impacting the water quality of the Rhine Channel. ;CIRCULATION AND PARKING The following analysis is based on a study prepared by William Kunzman and Associates. Existing_ Conditions. The site is located on the northeast corner- of Arcade and 21st Street. Arcade is one-way southbound with one travel lane and parking on both sides. The existing boat yard provides vehicular access from Arcade. Impacts. Traffic Ge.ieration. The traffic generation of the -proposed project will be minimal. Office land use generates 13 trips per day per 1,000 square feet. The modification to the boat yard will probably not increase traffic generation of that which exists today for this site. The total additional generation will be 10 to 20 trips per day which is insignificant, and in fact undetectable on the street system. Parking Requirements. Parking requirements call for four spaces per thousand square feet'of office. Determining parking needs for the boat yard is difficult, but six spaces appears.adequate. There are six employees, and eight spaces allow two visitor spaces beyond the employee parking needs. If sufficient spaces are not provided on -site, the 'result will be on - street parking. On -street parking is currently a problem in the general area, and additional on -street parking will add.to the problem. Lsa Mitigation pleasures. Bone are proposed. AESTHETICS Existing Conditions. The site is presently vacant except for the one building on site. No commercialactivity occurs on site and the area is fenced and pasted "No Trespassing". In t�is condition the site does not contribute nor detract for the visual/aesthetic quality of the area. The site is visible from the'Arcade, 21st Street, the. Rhine Channel and from the -mobile home park across the channel on the Lido Peninsula. Impacts Construction activities including dredging, bulk head construction, and marine elevator installation will create short term visual impacts to the surrounditng areas. Operation of the boat yard, while perhaps visually unattrative to some viewers; will be characteristic of the unique marine sales and maintenance atmosphere of the Cannery Village Community and as such should not represent a visual incongruitzty in the area. hAi '�;gation pleasures. The following impact control measures are included in the project or are.otherwise required to offset -adverse impacts. 4. hz site wiU be Zandscaped aZon, the s:uthern boundary adjacent to 21st Street. TELEPHONED PLEASE CALL HIM.. RETURNED YOUR CALL WILL CALL AGAIN CAME IN TO SEE YOU URGENT p, e t 6 I a _s-On f) 0 0 c Q s--1 p, e Q DATE TO: ❑ MAYOR ❑ GEN. SERVICES ❑ COUNCIL ❑ LIBRARY ❑ MANAGER ❑ MARINE ❑ ADMIN. ASST. ❑ PARKS & REC. ❑ ATTORNEY ❑ PERSONNEL ❑ CITY CLERK ❑ POLICE ❑ COMM. DEV. ❑ PUBLIC WORKS ❑ DATA QROC. ❑ PURCHASING ❑ FINANCE ❑ TRAFFIC ❑ FIRE ❑ UTILITIES FOR: ❑ ACTION & DISPOSITION ❑ FILE ❑ INFORMATION ❑ REVIEW & COMMENT ❑ RETURN REMARKS: FROM: 4 f October 23, 1979 City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 1, Victor Swanson, owner of record for 223 21st Street, Newport Beach, California, do hereby authorize Brion S. veannette to sign and act as authorized agent on City matters partaining to the remodel and development of this property. v Vitiator Swanson 0�,ner Bribn S . Jeann' t e Architect, A.T. 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SHERIFF-CORONFR ncrUn 1 I.UN 1 INUH I IUIN FOR THE OWNERS IDENTIFICATION OR "CF" NUMBERS MOVED FUTILE. THEREFORE THE VESSEL WAS IMPOUNDED FOR BEING A HAZARD TO TION. S THE TOW TO THE SLIPS. WHIT-E-ENROUTF TO THE 1J.P-, HAND WRITTEN "CF" NUMBERS WERE DISCOVERED OF NON-CONTRASTINGCOLOR SCRAWLED ON PIECES OF SCRAP WOOD. ERED T ELLSWORHT ALLEN G. 1671 7DT. TIA AVE. O TA MESA 92627 F 7136 AX 1959 CHRIS CRAFT VESSELRED IN GUEST SLIP #5 WITHOUT INCIDENT. INVESTIGATING OFFICERS REPORT BY D. MAZE D.MAZE DATE OF REPORT 2-13-79 APPROVED Lct�gF0680-176 (9/76) 1. COPIES TO. v 12. CASE NO. } / 776 SHERIFF'S DEPARTMENT ORANGECOUNTY SANTA ANA, CALIFORNIA BRAD GATES, SHERIFF -CORONER REPORT CONTINI)ATInN I F 7 11 A UL V IC 110 Ul 1\\ INVESTIGATING OFFICERS REPORT BY 'D e� E DATE OF REPORT Z-13-7i APPROVED ®F0680-176 (9/76) CITY OF NEWPORT BEACH MARINE SAFETY DEPARTMENT From: /- r,#* a In person Address: �y �- .L...ir'�W Telecon .0o rt+td ',rr tr IY TO: 14 Div. 41s)q LL•1L M.S. DIRECTOR ASST.DIRECTOR SUBJECT: d 61/t.S/o + File Date: Outline of Informationreceivedgiven=1 trl'y' 7.3 1 Aff Lv as hi-1 6 , ';P*Iu s z Doc.. Flfr(. 7r, Ile Amdollrwoo� &Y4716A40JMJ e. ell f/4070�10- ,>cs tf d► ct/i eoo'f Ile _J,�?e'i��C i', � !e%� t`b d / �i � �• /'� ��''J'''✓rC�"'� I?�EG� �.'i7+r' �✓ "�d G! .��/ f Action Required Person Responsible Date Due: +�411 '�' C d Y '�Q' ►�+'� Name, Address and Telephone No. of Attorney (s) Space Below for Use of Court Clerk Only CaE£3R�rE. W. 1V1GC1.4 T , JIZ. C � 3 3, 0 q / '° t , 1.1.07 Civic Center Drive West �� l v JSuite 100 Santa Aria, California _7, �% Attorney (s) for ...... D-e.fe11daM ................................ 1 Fi l -__-_-MUNICIPAL--------- COURT OF CALIFORNIA, COUNTY OF......... ORANGE ,____ ORANG: 11-�` •;HTA 0.R, JUDICIAL DISTRICT ------------•-------- - ------ ----- ------ -------- -------- --•----- (When applicable, insert name of Municipal or Justice Court District, or of branch court) T1jT- rf-E-OPLE: OF TOE STATE OF CASE NUMBER C �-, LIFC.RN11.A Plaintiff (s) vs. N G y <?, ROGER BLOXHAl4A SUBPENA DUCES TECUM c- (Abbreviated Title) Defendant( ) clen Weldon, Newport Beach Director of THE PEOPLE OF THE STATE OF CALIFORMA, to Marine Safety You are ordered to appear in this court, located at 601 jamboree {'load Newport Beach CA (Street Address of Court and City) on 2-16-78 at 9:3Q a..m,, Division 4 to testify as a witness in this action. (Date) (Time (Department, Division or Room No., if any) You must appear at that time unless you make a special agreement to appear at another time, etc., with: George W. McC Iure, Jr. at 835 -1588 (Name of Attorney or Party Requesting This Subpena Duces Tecum) (Telephone Number) You are also ordered to bring with you the books, papers and documents or other things in your possession or under your control, described in the attached declaration or affidavit as follows: (Type or Print) All records shoOing the person holding a permit ender Section (Chapters) 1.7. 24 of the Newport Beach Municipal Cone for the property located at 223 211st Street, Newport Beach, California known as Bloxna ms Yacht S les. Disobedience of this subpena may be punished as contempt by this court. You will also be liable for the sum of one hundred dollars and all damages to such party resulting from your failure to attend or to bring the books, etc., described above. (To be completed when subpena is directed to a California highway patrolman, sheriff, marshal or police- man, etc.) This subpena is directed to a member of (Name of Employing Agency) certify that the fees required by law are deposited with this court: Receipt No.: Amount Deposited Dated Donald L. Armour Clerk (SEAL) Note: The original declaration or affidavit mustbe filed with the court�ierk and a copy serve r6th this subpena duces tecum. ( See reverse side for Proof of Service) Form Approved by the C.C.P. H 1985-1997; Evid. C.5§ 1560 Judicial Council of CaFfornia Effective Nov. 10, 1969 SU'BPENA `DUCE'S TECUM (Civil) 1566; Gov. C. 44 68097.1-68097.4; etc. CRS F0363-2426 (8/76) ,., PROOF. OF SERVICE OF SUEiPENA DUCES 'TECUM AND OF DECLARATION/AFFIDAVIT (C.C.P. H 410.1, 1987, 1987.5, 1988, 1989, 201,5.5;-Gov. C. a626721, 26743, 26746, 68093, 68096, 72230, etc.) I served this subpena duces tecurn by delivering a copy thereof, together with a copy of the declaration/af- fidavit in support of such subpena duces tecum, to each of the following persons personally and I offered and, upon demand, paid to each of them the fees required by law: Name of Person Served Street Address and City Where Served hate and Fees Fees Paid Tirie of [demanded? ('If Any) Service (Yes/No) $ Fee for service $ Mileage $ Notary $ Total $ (To be completed by server other than a (To be completed by sheriff, marshal or constable) sheriff, marshal or constable) I certify that I received this subpena duces tecum on declare under. penalty of perjury that the foregoing and that the foregoing is true and is true and correct. (Date) correct. Executed on _ _ _ Dated _ (Date) at _ California. (Place) (Type or Print Name of Officer) (Signature of Declarant) (Type or Print Title of Officer) Of (Type or Print Name of Declarant) (Court or Judicial District*) County, California (Type or Print Address) (Signature of Officer or Deputy) Fill in if service made by marshal or constable. GEORGE W. McCLClRE, JR. Attorney Address for Defendant 1107 Civic Center Drive West Suite 1.00, Santa Ana, California" Telephone (71.4) 835 -1.588 (Keep space above clear for clerk's filing stamp) ®1ZANG to '< 17 R. OF ..................I .................................................. JUDICIAL DISTRICT COUNTY OF ORANGE, STATE OF CALIFORNIA Case Number AJ a 6 41 e'9ev/.3 People of the State of California Roger Bloxha.m ..............�s........................................................................................................ .............................................................................. Plaintiff (s) Defendant (s) Stettie of California County of Orange ss. eorge W. M'CClure, Jr. declares that he is attorney of record for (plaintiff -defendant) in the a ve entitled action; t said ause was duly set down for trial on the 1.6th day of February , 19% at .30 o'clock a• M. in the above entitled Court. That declarant is informed and believes and upon such information and belief alleges that has in his possession or under his control the following documents: NAME (Designate and name the exact things to be produced) Records showing the person holding a Dermit Newport Beach Municipal Code for the property at 223 21st Street known as Blokham's 'Vacht Sales. z` M.,.nF Declarant believes and so states that the above documents are material to the proper presentation of his case by reason of the following facts: (State the materiality to the issues involv'd) r— WHEREFORE declarant prays that Subpoena Duces Tecum be issued. Ile I declare and penalt�y of perjury that the foregoing is true and correct. Executed at. `ant .... Lid ............ a California this day of Feb'rigry 197R ...... GEOR.GE W. MCCLURE R.d Sig yture of Declarant Points and authorities: 126 Cal. (77 Am. St. Rep. 176), 58 Pac. 546: "To compel a person to deliver his book and papers to another who does not claim ownership in them is to violate the sanctity of most private rights and is not to be tolerated except when warranted by some law clearly not inconsistent with the constitutional provision." See also 15 Cal. App. 276; 22 Cal. App. 162. 23 Cal. App. 663: The precise book, paper or document ,containing such evidence should be desig- nated or so described that it may be identified. CRs F850-2425 DECLARATION FOR SUBPOENA DUCES TECUM TYPE OF REPORT :, :. +=tZ TL aSAIT VIOLAA���s DATE-TIMEREPORTED - 2 1l-VA-'t'Z p INFORMANT ADDRESS ,CITY PHONE V4C71M OR VIOLATOR 6 �L_oxiPAA& Q-oc-ne-12- ADDRESS .CITY 7 -1Z . *Z sr fir- . i�IC-wPC) a e> PHONE. 6 BOAT NUMBER 9 BOAT NAME 10 LENGTH 11 TYPE .. 12 MAKE -..- 13 VALUE 14 LOCATION 15 A-aAE A-1 BOAT OWNER 16 ADDRESS CITY - 17 ... - PHONE 18 19 ic7o0 - - LJ w) i?>OArs 1, --ra-OL- j=xk(L. -rL.-r Ats ULA N C mPoiar O A3y rr s 13 w MIX PrL-L at o o= P, I� >zL= -t LA-ti, or_ W L �-lJ o�J' 'oF -r* =wPok2z �� Ac �-� M�4 2►,�L S� Ats�ls�ta �To to2�2- 'TL�k S1TvTtio,J''. PL s Tn, - S<zm _ motSIZErkosa AS To LoHnsElte-n-t2 tJ — w o-R- = s tgn TO C6:Lz L is = w b- Ex E=a.•Tie— t3 -n+e L-Ag rc- ►J M%'2 ;: s s z ocics GLD De-. -t-A� -i- 2t t 12LA►3 erF _1 L+t Qo s UUMN Awn A PA2 tso>a mr- Ty— ssL=s L ii � Z$ Z "I — Guu tJ�ZaJatJ D>,3tst-o n w� G.4co)t T ova • �T t-1-c �JES 7)k� =5S is e_kh-c_tcen, V=iLT1 � APPROVED-SGT. • DATE COPIES TO -OTHER P.D. F.D. L.G. C.G. OTHER REPORT NO. .. OFFICER RECEIVING CALL 1 OFFICER ASSIGNED "'Te s UNIT Z43 TIME i 0Oc� H.D. REPORT NO. Ml t i— i 20 F0680-9.1 (8/76) TYPE OF Fj,EPORT 1 l %/l L/ DATE -TIME REPORTED ^ INFORMANT /� ADORR EES-5 - 7 CITY PHONE/ 5 VI IM ORVIOLATOR` 6 ADDRESS CITY PHONE ,. BOAT NUMBER-7 9 BOAT NAME 1D .. .:.,. LENGTH 11` TYPE 12 . MAKE ,:_ 13. VALUE 14 LOCATION 15.: BOAT OWNER ADDRESS CITY PHONE -- /�iJIJ o S r'/�2 l><ST /� Ord � t� �/�G91� S ��'s� �/ �9s •d�� �O70 - /� G ,1 T//7�7 �a G7T0rw, 5 1-57 57- L A PPROV D GT• DAT COPI. ES TO OTHER' P:D. F.D. L.G. C.G. OTHER REPORT NO. - OFFICER RECEIVING CALL +I1 OFFICER �RAASSIGNED UNIT TIME �J H.D. REPORT NO. «® F0680-9.1 (8/76) - H R NGF COUNTY HARBOR DISTRICT 0A 7907 BAYSIDE DRIVE NEWPORT BEACH, CALIFORNIA SUPPLEMENTAL REPORT �� TYPE OF REPORT L DATE —TIME REPORTED ,�G INFORMANT OF ORIGINAL REPORT ADDRESS CITY PHONE 3 4 5 INFORMANT OF THIS REPORT ADDRESS CITY PHONE e.. 7 8 TYPE OF ADDITIONAL INFOR TION CONNECTING REPORTS D.R.NUMBERS TYPE 110 e T/NGG�T/oi II // CDx S To Td a 70 /Z1-r e,2K) T l0'i % !- -- Ul_')-_5�; 1,2,:9�0-q,!514-E� A/ 7717zzC GJf�S >AFAe�2'lj Azlifd .. COPIES TO OTHER OTHERREPORT NO. P.D F.D. L.G. C.G.EIVING EAPPROVED—SGT. CALL OFFICER ASSIGNEDTIME H.D. REPORT NO. 7'l� '711 F0602-1I THARBOR DI RTRICT oRQNGE �o�N Y 1901 BAYSIDE DRIVE NEWPORT BEACH, CALIFORNIA SUPPLEMENTAL REPORT `� TYPE OF REPORT DATE -TIME REPORTED CITY PHONE INFORMANT OF ORIGINAL REPORT ADDRESS 5 3 4 ADDRESS INFORMANT OF THIS REPORT CITY PHONE g 7 6 ZypOF ADDITIONAL INFOR ECTING REPORTS ED— D.R.NUMBERS TYPE - /sue-��s 7d ' GG-��.S /-� ���•� /yam �D.C� i�iz��s � � /� � Ts �S ,tea c._,c_ T� /�,�/�• � T S .AlJC s� r 7- T OVED-SGT. COPIES TO O HER OTHER REPORT NO.P.D Fo F.D. L.G. C.G. 6FFI'CEER ASSIGNED UNIT TIME H.D. REPORT NO. ER RECEIVING CALL ORANGE COUNTY YARBOR DISTRICT F 1901 BAYSIDE DRIVE NEWPORT BEACH, CALIFORNIA SUPPLEMENTAL REPORT '✓ DATE —TIME REP%ORTED TYPE OF R // /�' �T�a 2 1 CITY PHONE ADDRESS INFORMGINAL REPORT - S 4 CITY PHONE 3 ADDRESS INFORMANT REPORT 8 7 6 D.R. NUMBERS TYPE TYPE OF ADDITIONAL INFORMATION CONNECTING REPORTS: 110 9 APPROVED—SGT. OFF ER CEIVING CALL .. F0002-1I 'COPIES.TO OTHER OTHER REPORT NO. P.D F.D. L.G. C.G. OFFIC�RSSIGNE0 + UNIT TIME H.D. REPORT NO. CRs ORANCF COUNTY HARBOR D19TRICT 1907 BAYSIDE DRIVE NEWPORT BEACH, CALIFORNIA SUPPLEMENTAL REPORT 0�s - TYPE OF REPORT DATE -TIME REPORTED 2 1 _ INFORMANT OF ORIGINAL REPORT ADDRESS CITY PHONE 3 INFORMANT OF THIS REPORT 4 ADDRESS CITY S PHONE 6 8 TYPE OF ADDITIONAL INFORMATION CONNECTING REPORTS O.R.NUMBERS TYPE 9 - 10 1111-18-77 0830- COPY OF REPORT LIVEN TO LT GRAHAM TO BE FORWARDED TO GLEN 14ELDEN 100 AT NEWPORT BEACH MARINE SAFETY DEPT. HUFFMAN -7 N C /f ZC STii' /� i G ep _z . _7 ire n r �, . - -em s F7 c 1 12 ✓ —0 � v re7 —;t41--7 J / !� CAL 41/ c u /Z/ ZbAlo 1411,1440 r s— av 'Zr' e1 T 7 t tNo APPROVED-SGT.� COPIES TO OTHER OTHER REPORT NO. P.D F.D. L.G. C.G. OFFICER RECEIVING CALL OFFICER ASSIGNED - r' L, UNIT I TIME H.D. REPORT NO. J$j F0002- 1 1 ji f ORANGE COUNTY HARBOR DISTRICT 1901 BAYSIDE DRIVE NEWPORT BEACH, CALIFORNIA SUPPLEMENTAL REPORT C8 TYPE OF REPORT DATE -TIME REPORTED 2 INFORMANT OF ORIGINAL. REPORT 3 ADDRESS 4 CITY PHONE 5 INFORMANT OF THIS REPORT. 6 ... ADDRESS 7 CITY PHONE 8 TYPE OF ADDITIONAL INFORMATION. g CONNECTING REPORTS 10 .. D.R.NUMBERS TYPE 11 C .. i� :..� Lci .0 to .2o 0 /p o/c ( , }--1 A c .,� �► .f �1 ti � S To a t� -r .r 112'j G G APPROVED -SG T. COPIES TO OTHER P.D F.D. L.G. C.G. OTHER REPORT NO. OFFICER RECEIVING CALL OFFICER ASSIGNED '�'. UNIT I TIME H.D. REPORT NO. F0002-1I �✓ H OR- COUNTY 11ARBOR. DISTRICT ANG 1901 BAYSIDE DRIVE NEWPORT BEACH, CALIFORNIA SUPPLEMENTAL REPORT TYPE OF REPORT DATE —TIME REPORTED 1 INFORMANT OF ORIGINAL RADDRESS EPO 2 CITY _ PHONE 4 5 3 INFORMANT OF THIS REPORT ADDRESS : CITY PHONE 6 7 8 TYPE OF ADDITIONAL INFORMATION CONNECTING REPORTS D.R.NUMBERS TYPE 9 10 11 s _ f — S L �- 1 r Jv t APPROVED—SGT. COPIES TO OTHER OTHER REPORT NO. F - P.D F.D. L.G. :. C.G. OFFICER RECEIVING CALL OFF jN D .. ys t UNIT TIME. H.D. REPORT NO. F0002-1I ORANGE COUNTY HARBOR DISTRICT 1901 BAYSIDE DRIVE NEWPORT BEACH, CALIFORNIA SUPPLEMENTAL REPORT TYPE OF REPORT DATE -TIME REPORTED 211-24-77 1000 INFORMANT OF ORIGINAL REPORT 3 ADDRESS CITY q PHONE 5 INFORMANT OF THIS REPORT 6 ADDRESS CITY 7 PHONE 8 TYPE OF ADDITIONAL INFORMATION g - CONNECTING REPORTS D.R.NUMBERS TYPE' 10. 1111-24-77 (Thanks ivin Da ) At approximately 1000 Dep Fergus and R. White arrived at the Crow's Nest docks. They requested the manager be contacted and to send line handlers to the dock area. They also requested supervision from me on the scene. There was no answer at the Crow's Nest phone number. Dispatcher Oates then honed Mr Bloxham and advised him that we were moving his boat and skgd him if he would come down and help,us. Mr Bloxham ad ised Oates that hp- had a nof-ine on file with the Harbor Bureau and .D. telling Bloxham said he he right �nwn. standingu7nuld by the "Comfort". The who owned the cabin cruiser at the Crows nest were with their boat and there were other people there to assist them. The fireboat side tied to the aft, starboard section,.of the Comfort. I began removing the numerous dock.lines and one electrical wire from the dock to the Comfort. The Comfort was backed out into the channel, with . myself and a citizen fending it.off the dock and other boats at Bloxham's. peopleThe Crows nest removed their cabin cruiser -and a smaller sailboat from the anqle dock section area. continued APPROVED-SGT. .. COPIES TO OTHER. P.D F.D... L.G. C.G. OTHER REPORT NO. OFFICER RECEIVING CALL. OFFICER ASSIGNED Huffman ,, !;UNIT I TIME H.D. REPORT NO. 711-085 F0002-1I H OAG R N E COUNTY HARBOR D NTRICT 1901 BAYSIDE DRIVE NEWPORT BEACH, CALIFORNIA SUPPLEMENTAL REPORT TYPE OF REPORT DATE -TIME REPORTED 2 11-24-77 1000 I INFORMANT OF ORIGINAL REPORT ADDRESS CITY q - .. PHONE 5 3 INFORMANT OF THIS REPORT 6 ADDRESS CITY - PHONE TYPE OF ADDITIONAL INFORMATION 9' CONNECTING REPORTS D.R.NUMBERS TYPE 110 .. ,,The Comfort was moved back.to the dock with the two of us continuing to fend off at Bloxha.ms and the Crows Nest people fending off on their side. There were no problems in mooving the three boats. None of the boats sustained any type of damage. When the Comfort was back to the dock, Dep White and myself began re -securing the dock lines. At approximately 1045, a male, white, adult, 6'1", 180 lbs, black hair, dressed in western cloths, walked up to the bulkhead at Bloxhams dock and asked Dep White and I what we were.doing. I asked him who he was and he identified himself as Roger Bloxham. I introduced myself as, Sgt Huffman, Assistant Harbormaster of Newport Harbor. I told him what we had done and explained that we were now in the process of re -securing his boat. He asked me on who's authority I had moved his boat. I advised him of the pier permit policy in regards to blocking access to navigable waters. T explained to him that the authority to move his boat came to me from; The City of Newport Beach Marine Safety Dept, Director D. Harshbarger;- Tht- rjt-�z Attorney and The Harbormaster of Newport Beach. He was njaset that we had moved his boat and allowed the Crow's Nest's boats verbalizedto leave thp- arpa. He bout this to great lencfth. continued APPROVED-SGT. _ COPIES TO OTHER P.D F.D. L.G. C.G. OTHER REPORT NO. OFFICER RECEIVING CALL - OFFICER ASSIGNED r` Huffman UNIT TIME H.D.REPORTNO. 711-085 F0002-11 41, ORANCF COUNTY HARBOR DISTRICT 1901 BAYSIDE DRIVE NEWPORT. BEACH, CALIFORNIA SUPPLEMENTAL REPORT TYPE OF REPORT DATE -TIME REPORTED 211-24-75 1000 INFORMANT OF ORIGINAL REPORT 3 _ ADDRESS CITY 4 PHONE 5 INFORMANT OF THIS REPORT 6 ADDRESS CITY PHONE 8 TYPE OF ADDITIONAL INFORMATION 9 [CONNECTING REPORTS - D.R.NUMBERS TYPE „L asked him if he would assist us in re -securing his boat to the dock, in an effort to make sure it was secured to his satisfaction. He said he would not, and asked us to leave his dock. I advised him we would not leave until we had re -secured the boat in a safe manner. He told Dep White and I that he would be totally responsible for securing his boat. I advised him there were two lines already secured from the boat to the dock and we left the dock area. While walking back to my`.unit,.which was parked at 21st Street, he followed me onto his -property and continued explaining the numerous problems involving the general water front area, the City, the County, etc. We terminated our conversation a short time later and I returned to the office. Sgt Ralph Huffman APPROVED-SGT. COPIES TO OTHER P.D F.D. L.G. C.G. OTHER REPORT NO. OFFICER RECEIVING CALL OFFICER ASSIGNED Huffman 'UNIT TIME H.D. REPORT NO. 711-085 F0002-1I ORQNCE BOUNTY HARBOR DM TRIO T 1901 BAYSIDE DRIVE NEWPORT BEACH, CALIFORNIA SUPPLEMENTAL REPORT rcRS TYPE OF REPORT 1 I - 7DATE—TIME REPORTED INFORMANT OF ORIGINAL REPORT 3 ADDRESS q CITY PHONE 5 INFORMANT OF THIS REPORT 6 ADDRESS 7 CITY PHONE 8 TYPE OF ADDITIONAL INFORMATION 9 CONNECTING REPORTS 10 D.R. NUMBERS TYPE 111I-18-77 0830- COPY OF REPORT GIVEN TO LT GRAHAM TO BE FORWARDED TO GLEN !,'ELDEN ANY AT NEWPORT BEACH MARINE SAFETY DEPT. HUFFMAN ZV�. .-. 14 1+r a . 6en'.' i'�:N •%1'"i 0e'i«...A�MeEN`0t� aA /F..1.P..!'�.� i ...f"'a .�'°^ d'..R a•,at' ,..R .. ..tl'.a :2",`?._. �:... a°t: wYv .�".✓ .f 8"';k,=�"3 :r'z' .2?d' . ,1.,.:. 41E' T n �Xl ) i, C..s ` .. .. 5 P 2, -. 5 A ate' ll-Z� el�.11' APPROVED—SGT. ''. COPIES TO OTHER P.D F.D. L.G. C.G. OTHER REPORT NO. OFFICER RECEIVING CALL OFFICER ASSIGNED UNIT TIME H. D. REPORT NO. F0002-1I 4' e yg�t 4 f_ r s CITY OF NEWP`ORT BEACH ORDINANCE NO. AN ORDINANCE OF THE CITY OF NEWPORT BEACH AME]DING SECTION 17.20.010 AND 17.20.02.0 OF THE NEWPORT BEACH MUNICIPAL CODE IMPOSING A DUTY ON THE HARBOR PERMIT HOLDER TO COMPLY WITH DOCKING AND VESSEL TIE UP REGULATIONS The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Section 17.20.010 of the Newport Beach Municipal Code is amended to, read as follows: "17 20.010 Docking Permission Required. (a)No person having charge of any vessel shall make the same fast to any pier in Newport Harbor, or permit the same to remain at such location after finishing loading or unloading such vessel, without the.consent of the owner, agent, or person in charge of any such pier. (b) No person shall make fast any vessel to any other vessel already occupying any pier,_ either public or private, without first obtaining permission of the City Manager, except that at the Rhine Wharf Park the Harbor Master shall have the.authority to authorize this activity under either of the following conditions: (1) A commercial fishing vessel is loading, or unloading, and no other mooring or berthing space is available in the harbor for this purpose; or "(2) a vessel is taking refuge from inclement weather and no other mooring or berthing space is available in the harbor for this purpose. In no event.shall more than one vessel be made fast to the " dockside vessel and no other vessel shall be made fast to the outboard vessel. Both vessels shall have operators aboard' at all times. (c) No personaholding a permit issued under the terms of Chapter 17.24 of this Code shall permit or allow a vessel to be made fast to any other vessel which; is occupying any pier over which the permit holder has control, except as provided in the `exceptions found in GRAPHIC WEB L REPORT STATE QF EALIFORNIA k5 ; (CONTINUED FROM PREVIOUS PAGE) so 60 Tryst vc�y ,s.,,+y, emus, sr„e- ..;.r• 9�a�n ._rated $lack jha/c Q-5 ttfevG ?,ay/ c-✓tan/ Adm.,/rot 70 7 r� //ylrrttcuaY�- /nr•f� �a,s .+'oi/o.y �,i 'Ay veal finc9 am sand 71, . rnn nciocas f/o L9��y at Clean/ ioOJG/' figG Sfr�n< 4 Ov ti:z/i.�Se .::gin. !' coa st giarn'Jana!: 80 90 Clea i,/oo-ve, :.e 1"., areow, vey,6nC ;+v %'/nc r'.t.srn9 .srr ci/ T.O. ly1i1/ c/rarr/ • Ccsriun /alrn <aori, p4eit�+! h, /Vri/Srn S0 frr TD. /00' "Rr'.i dual ----•�-,--___.- �_ Pas present in dry;;ssmp�es and expreseod as percent of an explosive mixture= hence, 100% residual gas equals a 5%_mixture of methane in air. 1$ BRAD GATES SHERIFF -CORONER SHERIFF -CORONER DEPARTMENT COUNTY OF ORANGE CALIFORNIA HARBOR PATROL BUREAU March 2, 1977 David Harshbarger, Director Marine Department City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mr. Harshbarger: It is my understanding that in a recent court action involving Mr. Roger Bloxham, the court ruled that Sections 17.20.010 and 17.20.020 of the Newport Beach Municipal Code are misdemeanor crimes rather than infractions. It is an enforcement requirement that misdemeanor crimes be witnessed by the arresting (citing) officer in their commission. In this case, the arresting officer must witness an individual tying the boats in question to Mr. Bloxham's dock in an illegal manner and then issue the citation to that person. This requirement makes it extremely difficult, if not impossible, to control the crowded and dangerous condition that continues to exist at Mr. Bloxham's dock. A full-time stakeout is hardly practical, and few 'people will purposely break the law in the presence of a police officer. It would seem that there are two or three possible solutions to the problem. The Harbor Patrol, incidentally, does feel that a problem still exists, as boats tied in the manner displayed at Mr. Bloxham's place of business are extremely vulnerable to hull damage when rocked by boat wakes. In order to find the appropriate solution, it is requested that the Marine Department research the possibility of seeking compliance through administrative procedures where Mr. Bloxham's pier permit is concerned. If this is not practical, it is requested that representatives from the Marine Department, Harbor Patrol, and the City Manager's Office meet to discuss the possibility of changing the ordinance sections to eliminate the requirements of misdemeanor crimes as outlined above. 1901 BAYSIDE DRIVE, NEWPORT BEACH, CALIFORNIA 92662 (714) 834-3800 David Harshbarger, Director Page Two March 2, 1977 If these proposals meet with your approval, please give me a call, and we can work out a meeting time or other appropriate action. Respectfully, BRAE ES, SHER FF-CO ONER Raymo l Graham Harbor l ,tester RG:jc G MARINE DEPARTMENT March 28, 1977 TO: MAYOR AND CITY COUNCIL FROM: Marine Department ITEM NO.: H-l(f) SUBJECT: AN ORDINANCE IMPOSING A DUTY ON MARINA OWNERS (HARBOR PERMITTEES) TO COMPLY WITH DOCKING AND VESSEL TIE-UP REGULATIONS A problem has arisen with the City regulations regarding docking and vessel tie-up methods. The Orange County Harbor Patrol Bureau recently cited a commercial harbor permit holder under SECTION 17.20.010 DOCKING PERMISSION REQUIRED and Section 17.20.020 VESSEL TIE-UP METHOD. The citation under these Municipal Code sections was for the illegal tieing of one vessel to another vessel already berthed at a dock and for tieing a vessel to a dock without the required bow and stern lines. The citation was dismissed by the court because the arresting officer did not witness the actual offense. The Newport Harbormaster, Lieutenant Raymond Graham, in a letter dated March 2, 1977, (attached) has requested that the subject Municipal Code sections be amended so as to impose a responsibility on the marina owner to require that vessels in the marina be berthed in accordance with City regulations. The Marine Director, Assistant City Attorney and Harbormaster have met and discussed the problem. The proposed ordinance was drafted subsequent to this meeting and should resolve the problem of an arresting officer having to witness the offense. D. Harshbarger, Director Marine Department DH:ll Attachment i TRESPASS OR INJURY TO VESSEL 17 16.060-17.18.030 Fifty Thousand Dollars ($500,000) for bodily injury in an o The policy providing such insurance must name the City, the e accident, Orange, and the District as additional insureds. A the evidencing that County of such insurance is in force and will remain in force for the period of such Permit shall be filed with the Attorney before any such permii Cty Clerk in a form approved by the Cit t tY Cl e effective. Y The City Council necessa may impose additional conditions as deemed ry to protect persons and property and to assure that the activity will not create a nuisance or interfere with the reasonable use of the ha other vessels. No such permit -shall be effective until it has been granted by the City Council and submitted to and a g nted by (Ord. 1090 approved by the Harbor Commission. (part), 1964: 1949 Code § 10201). 17.16.060 Restriction. of water Traffic.. For such .time as Preceding, during and after any race, regatta, parade or other event held the waters of Newport Harbor, or at any other time when the City necessary deems it necessary for the safety of on shall have authority to restrict or prohibit wrne Y Manager persons, vessels or other property, he and it shall be unlawful to Wilfully fail or refuse to comply traffl vvl'tli anyharbor, signal or direction of the City Manager, his deputies or agents, (Ororder, der, (part), 1964: 1949 Code § 10105).logo" Chapter 17.18 Sections: TRESPASS OR INJURY TO VESSEL 17.18.010 Damage to Property. 17-18.020 Boarding Vessel Without Permissi 17.18.030 Tampering WithVessel. on. 17-18.040 Tampering With Moorings. 17.18:010 .Damage to Property. No destroy, damage, person `shall wilfully or carelessly disturb deface or interfere preserver, sign, notice, navigational marking, or other similar propertany buoy, y under the jurisdiction of the City, District, or other governmental a e` Y der 1090 (part), 1964: 1949 Code § 10203). g ncY• (Ord. 17.18.020 Boarding Vessel Without Permission. No person into or upon any vessel moored, docked or anchored in Newport without the consent of the owner or oche p shall climb (Ord. 1090 � Harbor, (part), 1964: 1949 Code § 10205)erson having charge thereof. 17.18.030 Tam erin tamper with, or break or 9remove With Vessel. sel. No person shall wilfully injure or or tamper with the linessecurin Y part of or from, any vessel in the City, g any such vessel, without the consent of the 355 (Newport Beach 4-15-77) 17.18.040-17.20.020 HARBOR REGULATIONS owner or other person having charge thereof. (Ord. 1090 (part), 1964: 1949 Code § 10206). 17.18040 Tampering With Moorings. No person shall tamper with any mooring or anchorage in the City whether or not the same is occupied by a vessel. (Ord. 1090 (part), 1964: 1949 Code § 10207). Chapter 17.20 DOCKING AND MOORAGES Sections 17.20.010 Docking Permission Required. 17.20.020 Vessel Tie. -up Method. 17.20.030 Direct Fueling Prohibited'. 17.20.040 Gangway Required -Lights. 17.20.050 Dockside Steam Engine Spark Prevention. 17.20.010 ` Docking Permission Required. (a) No person having charge of any vessel shall make the same fast to any pier in Newport Harbor, or permit the same to remain at such location after finishing loadingor unloading such vessel, without the consent of the owner, agent, or person in charge of any such pier. (b) No person shall make fast any vessel to any other vessel already occupying any pier, either public or private, without first obtaining permission of the City Manager, except that at the Rhine Wharf Park the Harbor Master shall have the authority to authorize this activity under either of the following conditions; (1) A commercial fishing vessel is loading, or unloading, and no other mooring or berthing space is available in the harbor for this purpose; or (2) a vessel is taking refuge from inclement weather and no other , mooring or berthing space is available in the harbor for this purpose. In no event shall more than one vessel be made fast to the dockside vessel and no other vessel shall be made fast to the outboard vessel. Both vessels shall have operators aboard at all times. (c) No person holding a permit issued under the terms of Chapter 17.24 of this Code shall permit or allow a vessel to be made fast to any other vessel which is occupying any pier over which the permit holder has control, except as provided in the exceptions found in paragraph (b) above. (Ord. 1722 § 1, 1977: Ord. 1577 § 1, 1974: Ord. 1090, 1964: 1949 Code § 10300). 17.20.020 Vessel Tie-up Method. Every vessel lying at an er in Newport Harbor shall be fastened thereto with such lines, at least from both bow and stern, and in such a manner as to assure the security of such vessel. 3. Permitted areas for small vessel moorage -See Chapter 17.40. l (Newport Beach 4-15-77) 356 DOCKING AND MOORAGE 17.20.030 No permit holder, holding a permit issued under the provisions of Chapter 17.24 of this Code shall permit or allow any vessel lying at any pier under the control of the permit holder to be fastened in a manner other than is required by this section. ` (Ord. 1722 § 2, 1977: Ord. 1090 (part), 1964: 1949 Code § 10301). 17.20.030 Direct Fueling prohibited.. No person shall fuel any vessel 356-1 (Newport Beach 4-15-77) ANCHORAGE AND MOORING REGULATIONS 17.20.040-17.22.010 with any petroleum product directly from a tank wagon or truck. (Ord. 1090 (part), 1964: 1949 Code § 10303). 17.20.040 Gangway Required — Lights. Every vessel used for hire while loading or unloading passengers or crew from a pier or from another vessel shall be provided with a gangway with manropes or railings, and from sunset until sunrise any such gangway shall be lighted adequately to provide visibility as long as such gangway is or may be used. (Ord. 1090 (part), 1964: 1949 Code § 10304). 17.20.050 Dockside Steam Engine Spark Prevention. No person shall use any donkey engine or other steam engine on any pier or vessel within Newport Harbor in loading or unloading vessels or otherwise without a bonnet or spark arrester attached to the smokestack of such engine so as to prevent sparks from coming into contact with the pier or vessel. (Ord. 1090 (part), 1964: 1949 Code § 10305). Chapter 17.22 ANCHORAGE AND MOORING REGULATIONS Sections: 17.22.010 Location. 17.22.020 Permit Necessary. 17.22.030 Issuance of Permit; Conditions. 17-22.040 Plans and Specifications Required. 17.22.050 Fees. 17.22.060 Delinquent Fees. 17.22.070 Unauthorized Use of Mooring. 17.22.080 Transfer of Permit. 17.22.090 Revocation of Permit. 17.22.100 Cancellation; Use of Unoccupied Moorings. 17.22.110 Rental Not Permitted. 17.22.120 Chains and Fastenings. 17.22.130 Buoy Markings. 17.22.140 Maintenance. 17.22.150 Mooring Anchoring Requirements. 17.22.160 Specifications. 17.22.170 Inspection of Moorings. 17.22.180 Application of Chapter. 17.22.190 Appeal. 17.22.200 Administration. 17.22.010 Location. No person having charge of any vessel shall moor or anchor the same in Newport Harbor except within the areas and at the places designated therefor. Any vessel which is moored or anchored at a 357 (Newport Beach 7-15-75) 17.22.020-17.22.050 HARBOR REGULATIONS place not designated for such vessel shall, upon the demand of the City Manager, be forthwith moved to the place or places designated therefor. In the designation of mooring areas and anchorages, consideration shall be given to the needs of commerce, the utilization of turning basins,, the use of channels for navigation, and the economy of space. No vessels shall be moored or anchored in any part of any turning basin or channel unless the same shall be secured both fore and aft except as provided in Section 17.22.150. Every vessel moored or anchored in any part of a harbor outside of any turning basin or channel shall be so moored or anchored as to prevent such vessel from swinging or drifting into any turning basin or channel. (Ord. 1607 § I (part), 1975). 17-22.020 Permit Necessary. No person shall place, erect, construct or maintain moorings or buoys in the waters of Newport Harbor over City -owned or controlled tidelands without first having obtained a permit therefor from the City Manager upon written application signed by the registered owner of the vessel to be moored, or by an agent so authorized in writing. Any work described and authorized in the permit must be completed within sixty (60) days after issuance thereof. (Ord. 1607 § 1 (part), 1975). 17.22.030 Issuance of Permit; Conditions. The City Manager, in furtherance of the tideland grants to the City, may issue a permit to allow the permittee to temporarily use a portion of the waters of Newport Harbor for the mooring of a vessel. Each permit so issued by the City Manager shall be issued to the permittee, specify the vessel for which the permit is issued and provide that the permittee may change the vessel for which the permit has been issued, upon written notification to the City Manager, and which Permit shall allow the permittee to moor only the vessel owned by him and assigned to the permit to such mooring or buoy. (Ord. 1607 § 1 (part), 1975). 17-22.040 Plans and Specifications Required. No permit shall be issued for placing, erecting, constructing or maintaining a mooring or buoy except: (A) In accordance with standard plans and specifications approved by the City Manager and at a location approved by the City Manager, or (B) In accordance with other plans and specifications for said mooring or buoy which have been submitted by the applicant, showing the construction of said proposed mooring or buoy together with the location thereof, and which meet the requirements established in this Chapter and which have been approved by the City Manager. (Ord. 1607 § I (part), 1975). 17-22.050 Fees. Fees for permits issued under this Chapter shall be paid in amounts and at a time as provided by resolution of the City Council. (Ord. 1607 § 1 (part), 1975). (Newport Beach 7-15-75) 358 71Al City of Newport Beacti 3300 Newport Boulevard- Newport Beach, California 92660 714/673-2110 September 26, 1974 Mr. Roger Bloxham 3101 W. Coast Highway Newport Beach, California Dear Sir: The Marine Department of the City of Newport Beach has received a complaint regarding the condition of that area covered by the City's Harbor Permit #119-223. An inspection of the site on 9-25-74 by the Marine Depart- ment confirmed that certain conditions exist in viola- tion of the City's Municipal Code and Harbor Permit Policies. Listed below are those conditions determined to be in violation and the applicable Sections of the Code or Policies. 1. A tug boat and two sailboats encroaching beyond the side property line projection into the street -end. Section 21A of Harbor Permit Policies. 2. Three wood piles and two pontoons floating in water. Section 4I of Harbor Permit Policies and Chapter 17.32.020 of Municipal Code. 3. Vessels extending into bay from the float a distance greater than the beam of the vessels. Section 21B of Harbor Permit Policies. 4. Vessels tied along side another vessel rather than along side the float (rafting). Chapter 17.20.010 of Municipal Code. The above conditions must be corrected and brought into compliance with the City Harbor Permit Policies and Municipal Code within the next 15 days. Page Two Mr. Bloxham Thank you for your cooperation in this matter. If you have any questions, please call me at 673-2110, ext. 291. Sincerely, Glen E. Welden Tidelands Operations Coordinator Marine Department GEW:lf L MARINE DEPARTMENT January 19, 1977 TO: CITY MANAGER FROM: Marine Director SUBJECT: ROGER BLOXHAM The following summarized information from our file, reference Roger Bloxham, should assist you. Please find attached: 1. Newport Beach Municipal Code Sections 17.20.010 and 17.20.020. These are the code sections that Mr. Bloxham has been cited under.by the Sheriff's Department, Harbor Bureau. 2. Chronological listings of interface with Mr. Bloxham from the Marine Department and Sheriff's Department, Harbor Bureau. 3. Business license information and the requirement that Use Permits be issued for boat sales and boat repair, which to our knowledge Mr. Bloxham has not received. 4. An aerial photograph of Mr. Bloxham's harbor permit area. The photograph illustrates "over -use" of the area. The vessels that are currently in there are too large for the slip facility. Harbor Permit Policies state a vessel should not extend beyond the slip more then the width of its beam. By Municipal Code Section 17.20.010 and Section 17.20.020, vessels are required to be tied to a float by both the bow and the stern. In addition, vessels are prohibited from tying to another vessel. I would suspect Mr. Bloxham will request your permission to "raft" vessels. The section paragraph of Newport Beach Municipal Code 17.20.010 makes reference to City Manager permission for this activity. It would be my recommendation to deny this request because of the precedent it would establish throughout the harbor. To my knowledge, this has not been done in the past for a harbor permit holder. If you have any questions, please call. D. Harshbarger, Director Marine Department DH:ll I CECIL C. MIGHT w.N ATTORNMY AT IAAII2 � I L E 60 plaza 92� Orange, Ca3.if®rnia ) (7�b) 5�33�° 2301 4117 SU=.ICRCoLrRT 0r TJX STATE OF CALMMIA 9 ' To U Ii � • 07.! �Y Yi'., YGE 10 3.1 DUSS IN n=STtjENTC0jjj?43 an c®r�rati®a�, d dORGE ®® 25 -30 -44 3.2 Oregon T. DHSS , iM ORDER STAYING ., r ,� �,O D GMT We15 IDOES RJR BL O 4 anI X2endant. 16through 3.7 l8 E The motion ®f defendant$ ger Bloxhamp cam on 19 for Stay ®f Execution ®n Septeamb= 22, 1977p i 20 '' ®f the above entitled court® C Pr002 b •do to c 21 satisfaction of the COUZt, 22 IT IS ORDERED that the =tion be granted end 23 following conditions o 24 1, Defendant, Roger Blorlaamp file a surety band is the 25 am lint of $24,400®008 on or belare October 2 a 1977. Said 2 amount was reduced from $30,000-00 by the term3 of an stipulations the partie ,tc fil a .tten sti ulat W of at t rs 3® CC, ®� 3®1a , 2 4 6 3 22 24 25 28 27 2Z Tho 'conditions of `the' Undertaking are am will. perform the Judz=nt A. Defendant,,:Roser Bl0 xhffi al is dismissed to appealed from', if it is affirmed Or the aPPe gmen&0 include the payment ofamountthe at of the judt as well restoring possession of the subJsr-tzeal property to plaintiffs:; and pay all costsand any d=aga including waste to the rubJQ'ct real property, B. Defendanto Roger Bloxham.,, shall pay plaintiffs through plaint:UW attorneya,Cecjj C. Wright, the monthly rental in the sum of $1,767.00 commieneing with the September 7,, 1977 payment and the increase in real property taxes in accordance with the,terms of the Lease dated April 7a 1970, cz said real property taxes become, dues, with one-half of said amount due on December Ist and the balance due on Ap-r-11 1--t- A copy of the tax bill and statement of due to bc paid by defendant, Roger Blo=ham, will be mailed or personally delivered to defendants Roger Blolzh=9 on or before -Navex 'LZ-2: 15th of each year commencing wi&. November 15, 1977. la additica., defendants Roger Bloxhamq shall pay all personal prope-.-,.-ty ta,-"clo covering said property as tha may becomas due® The Sept-cm-ber and October rental payments in the . sum of $1.767.00 Cza to be A default in posting the S=ety Bond cm or before October 28, 1977, or default in pay the =neclily payment cza went and property ta=z in accoTdance v- ith dLio c=de-T ztll I n 7 2 3 5 6 STATE OF Ci ®�'.lc OF 011UME A 2 a= ouw vqw'upal6t 'Vc a On o dtba of dw iinima saaw 4r'd o f 0=S a pav 60 aw wisk ansidod 60 Plaza Square Ors .e California 9zbbb October 21 .29 OF jUDGITMT attorney for defendant �? aAr � F.ir�'w,r�t`ir»•u ui n al, ...,��y W� {wiJ iY;"w'pf oweloL"rd is a wak ti"4ez P.�4rz iJ�V�.I) •,y,' C" � �g p.�,� �pgy9� �, / 112 �rwr�"V b W w� C q� rn �u gy Oran -el paJ 6b���®S. Y.I .G'��bL _ s Stuart T. 11aldrip • r Ratan & Tucker Attorn at Lam ' ° t ` he Ban?- Of California BU i�..� k 6 • r 401 Civic Center DI-Lve Fast u santa Ana, CalifOeAia 92702 ® � ®f v�, S�xCB s fT� Y October_2 197 Oran"e ar... ...� r J MARINE DEPARTMENT March 28, 1977 ITEM NO. TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: AN ORDINANCE IMPOSING A DUTY ON MARINA OWNERS (HARBOR PERMITTEES) 'TO COMPLY WITH DOCKING AND VESSEL TIE-UP REGULATIONS A problem has arisen with the City regulations regarding docking and vessel tie-up methods. The Orange County Harbor Patrol Bureau recently cited a commercial harbor permit holder under SECTION 17.20.010 DOCKING PERMISSION REQUIRED and Section 17.20.020 VESSEL TIE-UP METHOD. The citation under these Municipal Code sections was for the illegal tieing of one vessel to another vessel already berthed at a dock and for tieing a vessel to a dock without the required bow and stern lines. The citation was dismissed by the court because the arresting officer did not witness the actual offense. The Newport Harbormaster, Lieutenant Raymond Graham, in a letter dated March 2, 1977, (attached) has requested that the subject Municipal Code sections be amended so as to impose a responsibility on the marina owner to require that vessels in the marina be berthed in accordance with City regulations. The Marine Director, Assistant City Attorney and Harbormaster have met and discussed the problem. The proposed ordinance was drafted subsequent to this meeting and should resolve the problem of an arresting officer having to witness the offense. D. Harshbarger", Director Marine Department s 7lai Attachment SHERIFF -CORONER DEPARTMENT COUNTY OF ORANGE CALIFORNIA �J BRAD GATES SHERIFF -CORONER March 2, 1977 David Harshbarger, Director Marine Department City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mr. Harshbarger: HARBOR PATROL BUREAU It is my understanding that in a recent court action involving Mr. Roger Bloxham, the court ruled that Sections 17.20.010 and 17.20.020 of the Newport Beach Municipal Code are misdemeanor crimes rather than infractions. It is an enforcement requirement that misdemeanor crimes be witnessed by the arresting (citing) officer in their commission. In this case, the arresting officer must witness an individual tying the boats in question to Mr. Bloxham's dock in an illegal manner and then issue the citation to that person. " This requirement makes it extremely difficult, if not impossible, to control the crowded and dangerous condition that continues to exist at Mr. Bloxham's dock. A full-time stakeout is hardly practical, and few people will purposely break the law in the presence of a police officer. It would seem that there are two or three possible solutions to the problem. The Harbor Patrol, incidentally, does feel that a problem still exists, as boats tied in the manner displayed at Mr. Bloxham's place of business are extremely vulnerable to hull damage when rocked by boat wakes. In order to find the appropriate solution, it is requested that the Marine Department research the possibility of seeking compliance through administrative procedures where Mr. Bloxham's pier permit is concerned. If this is not _practical, it is requested that representatives from the Marine Department, Harbor Patrol, and the City Manager's Office meet to discuss the possibility of changing the ordinance sections to eliminate the requirements of misdemeanor crimes as outlined above. 1901 BAYSIDE DRIVE, NEWPORT BEACH, CALIFORNIA 92662 (714) 834-3800 David Harshbarger, Director Page Two March 2, 1977 If these proposals meet with your approval, please give me a call, and.we can work out a meeting time or other appropriate action. Respectfully, Bil�E5, 5HER FF-CO ONER / Ra mo Graham Y Harbor lster RG:jc G SHERIFF -CORONER DEPARTMENT COUNTY OF ORANGE CALIFORNIA BRAD GATES SHERIFF -CORONER March 2, 1977 David Harshbarger, Director Marine Department City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mr. Harshbarger: HARBOR PATROL BUREAU It is my understanding that in a recent court action involving Mr. Roger Bloxham, the court ruled that Sections 17.20.010'and 17.20.02-0 of the Newport Beach Municipal Code are misdemeanor crimes rather than infractions. It is an enforcement requirement that misdemeanor crimes be witnessed by the arresting (citing) officer in their commission. In this case, the arresting officer must witness an individual tying the boats in question to Mr. Bloxham's dock in an illegal manner and then issue the citation to that person. This requirement makes it extremely difficult, if not impossible, to control the crowded and dangerous condition that continues to exist at Mr. Bloxham's dock. A full-time stakeout is hardly practical, and few people will purposely break the law in the presence of a police officer. It would seem that there are two or three possible solutions to the problem. The Harbor Patrol, incidentally, does feel that a problem still exists, as boats tied in the manner displayed at Mr. Bloxham's place of business are extremely vulnerable to hull damage when rocked by boat wakes. In order to find the appropriate solution, it is requested that the Marine Department research the possibility of seeking compliance through administrative procedures where Mr. Bloxham's pier permit is concerned. If this is not practical, it is requested that representatives from the Marine Department, Harbor Patrol, and the.City Manager's Office meet to discuss the possibility of changing the ordinance sections to eliminate the requirements of misdemeanor crimes as outlined above. 1901 BAYSIDE DRIVE, NEWPORT BEACH, CALIFORNIA 92662 (714) 834-3800 David Harshbarger, Director Page Two March 2, 1977 If these proposals meet with your approval, please give me a call, and we can work out a meeting time or other appropriate action. Respectfully, BP' t) ES, SHER FF-CO ONRR f.+2-avert/ Raymo Graham Harbor ester RG:jc TELEPHONED: ( - 'PLEAS ECALL HIM RETURNED YOUR CALL WILL CALL AGAIN CAME IN TO SEE YOU URGENT` a �, s j � � N2 266 Date I Name VV d Address s Phone I SIZE 127 620 120. 126-12 126-20 110-12 110-20 135-20 135-36 Other NO. 7 ROLLS NUMBER OF PRINT EACH ❑ ❑ PRINT �EA CONTACT NEGATIVES OVERSIZE I ENLARGEMENTS Fo LAB USE ^O Y MATTE GLOSSY__- SILK SIZE EACH SPECIAL INSTRUCTIONS: .:_ 1 c2a Rx- �0 aw�' TA- 1 7tttttt 0 �I �s 1770 NEWPORT BLVD., COSTA MESA, C TELEPHONE 646-9383 RESPONSIBILITY FOR LOSS OR DAMAGE LIMITED TO COST OF FIL BEFORE PROCESSING j, ORDER THRU YOUR DEALER. Order by numbers on edge of film. Handle by edges only. Do not write on 'folder when negative strip is ' ' e. NEGATIVE NO. NEGATIVE NO. NEGATIVE NO. NEGATIVE NO. PRk13'S PR TS PRINTS PRINTS 2R 2R 3 2R 3R 2R 3R J (2t/z x'3t/2)(2'/z x 31/ ('/z x 5) (21/2 x 31/2) (3t/2 x 5) (2t/z x 3'/e) (3Yz x 5) ENLARGENLAR E ENTS ENLARGEMENTS ENLARGEMENTS SIZE SIZE ASK NO. SIZE MASK NO. SIZE MASK NO. 5x7 11—5x7 11 3V•13H•15H —5x7 11+13V*13H•15H —5x7 11.13V•13H•15H M-7x10-7x10 11 11 11 —8x10 12.14V•14H -8x10 12. 4V•14H 8x10 12.14V•14H -8x10 12.14V•14H T —10 x 14 11 —10 x 14 — x 11 — 11 —11 x 14 12 _11 x 14 12 —11 x 14 12 —11 x 14 12 COLOR SLIDES COLOR SLIDES COLOR SLIDES COLOR SLIDES --------FOLD HERE------=--=--- —==—= FOLD HERE --- --- K'ODACOLOR ENLARGEMENT MASKING GUIDE FOR 135 NEGATIVES 11 12 13 14 15 5x7 7x10 8x10 10 x 14 11 x14 5 x 7 8x10 5 x 7 Mask 13 & 14 may be either Horizontal (H) or Vertical (V). �® Indicate mask desired by circling mask No. on other side. KP48317-O Printed In U.S.A. ORDER THOU YOUR DEALER. TO no bars on edge of film. Handle by edges only. Do not write on this folder when negative strip is inside. NEGATIVE NO: NEGATIVE NO. NEGATIVE NO. NEGATIVE NO. PRINTS PRINT" RRI PRINT �" 2R 3R 2R 3 2R 3R 2R (2'/2 ,x 31/2) (3Y2 x S) : (2�/ x 3j2) {$, 5) (2'/2 x 3'/2f (/z X 5) (2'/z (3'%z x 5) ENLAFtGEM' T8 EN LAF1Ca>S . 7 S FsNLARCp ENT$ ENLA �wfEfk I SIZE MASK NQ. &iz S O. SIZE; SK NO. SIZE MASK NO. —5x7 11.13Vr13H�15H _,._5x7 11 3V•13 15H; —5x7 •1 s13H•15H _..r5x 11R13V613H•15H 11 -7x10 11 —7x1 11 —7, 19 11 M$x10 12.14Vr14H _$x10 la. 14V-14H T8x1 12.1 r14H x1Q 12.14Vr14H A i1 - 10 x 14 11. _10 x 14 11 T 0 x'14 11 T —11x14 iQ —11x14 12. .;._.11x14 12 _11x144 12 COLOR $LIDE3 DOLOR SLIDES COLOR SLIDES COLOR SL ES -------= FISLI7 HERE-- -- - —-_—.------ FOLD HERE----- -- KODACOLOR ENLARGEMENT MASKING GUIDE FOR 135 NEGATIVES 11 12 13 1`4 15 5x7 7 x 10 8 x 10 10 x 14 11 x14 5x7 8x10 5x7 Mask 13 & 14 may be either Horizontal (H),or Vertical (V). C� Indicate mask desired by circling mask No. on other side. KP48317-0 PrintedlnU.S.A. r 4 mm DIM Iwo 0EC 0 K;"u �fi , CITE'' OF NEWPORT BEACH February 16, 1977 Mr, Roger Bloxham 223 21st Street Newport Beach, California 92663 Dear Mr. gloxham: On January 20th you requested permission to side -tie one vessel to another at your dock bayward of your property in Newport Beach. As you know, Chapter 17.02.010 of the Municipal Code prohibits the tying of one vessel to another "without first obtaining per- mission of the City Manager." - In my five years with the City permission has been,granted once for a period of three days to permit repairs to a boat that re- quired use of electricity. This permit was granted in the Rhine Wharf channel. It is my understanding that your request would involve different boats at different times, but that side -tying as such would occur over a twelve month period.It is my belief that Chapter 17.02.010 is to be utilized by the City Manager for temporary, one-time only operations. I Nevertheless, I indicated to you that I would research and examine your request and give you a written reply. During the investigation your request was referred to the City's Marine Department, Fire De partment, and the Orange County Sheriff Department / Harbor Patrol Bureau for review and comment. Attached to this letter you will find copies of written reports received by this office. As you can see from these written reports, the Fire Department has no objection to rafting in this area. The. Harbor Patrol opposes the practice of rafting vessels It has been their experience that damages to the hull of both vessels may occur as a result of the wake from a moving boat causing a rocking motion upon reach- ing the rafted boats. Previous claims against the County for damages resulting from their patrol boats responding to emergencies has caused the Harbor Master to deny any requests to raft vessels. While I have no written report from the Marine Department, it should be reported that they also oppose the practice of rafting vessels. It is their opinion, and this opinion is supported by the City's insurance coordinator, that claims for damages against the City could be filed if the City approves the rafting of vessels for an extended period of time. The Marine Department concurs with City Hall 3300 Newport Boulevard, Newport Beach, California, 92663 Page -2- my interpretation of Chapter 17.02.010 that permission to raft or side --tie is intended for short-term situations only. Finally, the Marine Department is of the opinion that the granting of ap- proval for rafting at your dock would set an undesirable precedent for the remainder of the harbor. In addition, Section 21 of the City Council Harbor Permit.Policies states as follows: "Any boat moored at a pier, dock, or float shall not extend bayward a distance of more than the width of its beam beyond the pier, dock, or float.." Aerial photographs of your operation indicate that the rafted vessels violate Section 21 of the Council's Harbor Permit Policies. In accordance therefore with my findings, I believe that approval of your request would be inappropriate and would not be within the intent of the Municipal Code or the Council Harbor Permit Policies. If at some future time you have a temporary short duration problem or situation, I would be more than happy to reevaluate the request should you wish to submit an application. Thank you for your patience in this matter. Sincerely, R08ERT L. WYNN t City Manager GC: .Lt. Raymond Graham, Asst. Harbor Master Fire -Chief Leo Love 41id.Harshbarger, Marine Director CITY OF NEWPORT BEACH CALIFORNIA 92660 City Hall 3300 Newport Blvd. (714)% 2U0 640-2151 February 10, 1977 Mr. Roger Bloxham 223 21st- Street Newport Beach, CA 92663 Dear Mr. Bloxham: On January 20, you requested permission to side -tie one vessel to another at the dock bayward of your property. As you know, Chapter 17.02.010 prohibits the tieing of one vessel to another "without first obtaining permission of the City Manager." Your request was referred to the City's Marine Department and Fire Department and the Orange County Sheriff Department -Harbor Patrol Bureau for review and comment. The Fire Department indicated that side -tieing (rafting) one vessel to another would not present a fire hazard in as much as any vessel involved in a fire is removed to a clear area in the bay to prevent spreading of the fire. The Harbor Patrol opposes the practice of rafting vessels. It has been their experience that damages to the hull of both vessels may occur as a result of the wake from a moving boat causing a rocking motion upon reaching the rafted boats. Previous claims against the County for damages resulting from their patrol boats responding to emergencies has caused the Harbor- master to deny any requests to raft vessels. The Marine Department also opposes the practice of rafting vessels. It is felt that claims for damages against the City could be filed should the City approve the rafting of two vessels for an extended ROGER BLOXHAM PAGE TWO February 10, 1977 period of time. The Marine Department is of the opinion that the provision in the Municipal Code authorizing the City Manager to give approval of rafting was intended for short term situations only. Because of their intrepretation of the intent of the Ordinance, the Marine Department feels that granting of approval for rafting on a long term basis would set a precedent for the remainder of the harbor. Based on the above explanations, I feel that approval of your request would be inappropriate and not within the intent of the Municipal Code. Sincerely, Robert L. Wynn City Manager RLW:11 February 9, 1977 TO: CITY MANAGER FROM: Marine Director SUBJECT: REQUEST BY ROGER BLOXHAM FOR PERMISSION TO SIDE TIE A VESSEL, In reviewing Mr. Bloxham's request, this department contacted the Fire Depart- ment and the Harbor Patrol -Sheriff Department for comment on the request. Attached is their comments. Ad"ditionally, this request was verbally discussed with both groups. The Fire Department cannot say that side tieing (rafting) is a fire hazard. Their reasoning is in the event of a fire, the first thing that is done is to untie the, vessels involved and shove them into the Bay to prevent the fire from spreading. Once the vessels are set loose, the Harbor Patrol becomes involved in fire fighting and control of the vessel. The Harbor Patrol objects to rafting because of the potential damage to vessels as stated in their letter. Orange County Codes, as well as the City Code, prohibits rafting, however, the Harbormaster is authorized to approve rafting. Because of potential boat damage, the Harbormaster will not give the approval for rafting. Should the City give their approval, the Harbor Patrol will not issue citations under County Codes. As I stated in a memo to you on January 19, 1977, I still feel that approval of rafting could set a precedent for the rest of the harbor. This department has in the past been contacted by a Yacht Broker on Coast Highway regarding rafting. At that time, both this department and the Harbor Patrol indicated they would recommend against granting approval for the rafting of vessels. Based on the above, it is still my recommendation to deny Mr. Bloxham's request. D. Harshbarger, Director Marine Department DH:GEW:11 Attachment SHERIFF' -CORONER DEPARTMENT COUNTY OF ORANGE CALIFORNIA BRAD GATES SHERIFF -CORONER. February 4 1977 Glen Welders City of Newport Beach Marine Department 70 Newport Pier Newport Beach, CA 92660 Dear Mr. Welden: HARBOR PATROL BUREAU During a recent phone conversation, you asked the County's views on allowing vessels in Newport Harbor to make fast to other vessels already occupying the front of a pier. This was a request from Roger Bloxham. The problem with this method of docking is it subjects both boat hulls to possible damage when they come in contact with each other. This occurs when the wake from a moving boat reaches the docked boats. Due to the delay in the wake reaching the second boat, both docked boats start rocking out of rhythm with each other. This is where the hull contact comes in and the damage occurs. Due to previous claims, against the County, for damages resulting from our boats responding to emergencies at high speed, we will not authorize this method of docking. It is a violation of O.C.C. 2-2-117 and N.B.M.C. 17.20.010. If you have any questionsaboutprevious claims with the County, you may contact Hope'Sillett, Risk Management at 834-3438. Respectfully, BRAD GATES, SHERIFF -CORONER Lt. Raymond Graham Asst. Harbor Master j sw 1901 BAYSII)F DRIVE, CAI..II ORNIA MORR (71.4) 8343800 NEWPORT BEACH FIRE DEPARTMENT NO: DATE February 2, 1977 TO: Robert L. Wynn, City Manager FROM: Leo H. Love, Fire Chief SUBJECT: Bloxham's Yacht Cove In regards to Roger Bloxham's letter addressed to you and dated January 20, '197.7, I have the following comments to make. have discussed this with Fire Marshal Noller. He stated that he has had two of his Inspectors inspect the above mentioned site on two separate occasions. From the Newport Beach Fire Department's point of view, "side tieing" at this location does not present any serious fire hazards. If vessel congestion is the problem in this area, it should probably be handled by ordinance, or some other method other than proclaiming it a fire hazard. �MLeo H. Love, 'F — e Ch i of Form No. 36 )l' Telephone (7141) 675-20W E!7 LOXHA 'S YACHT COVE "On the Bay, behind the Spaghetti Factory" 223 21st STREET Jan. .20, 1977 NEWPORT BEACH, CAUFORNIA 92660 Robert L. Wynn City Manager 3300 Newport Blvd.. �' ✓,q� :, Newport Beach, Ca..92663 Mr . Wynn Pursuant to our conversation of this day in your office, I request permission to "side tie" one vessell to another in my own water and to my own dock to facilitate the efficient useage of my water front: As always I intend to keep uppermost in impoetance the considerations of safety from the standpoints of fire, health & damage.. Sincerely ' Roger Bloxham i MARINE DEPARTMENT January 19 1977 TO: CITY MANAGER FROM. Marine Director SUBJECT: ROGER BLOXHAM The following summarized information from our file, reference Roge-r Bloxham, should ass"ist you. Please find attached: 1. Newport Beach Municipal Code Sections 17.20.010 and 17.20.020. These are the code sections that Mr. Bloxham has been cited under by the Sheriff's Department, Harbor Bureau. 2. Chronological listings of interface with Mr. Bloxham from the Marine Department and Sheriff's Department, Harbor Bureau. 3. Business license information and the requirement that Use Permits be issued for boat sales and boat repair, which to our knowledge Mr. Bloxham has not received. 4. An aerial photograph of Mr. Bloxham's 'harbor permit area. The photograph illustrates "over -use" of the area. The vessels that are currently in there are too large for the slip facility. Harbor Permit Policies state a vessel should not extend beyond the slip more then the width of its beam. By Municipal Code Section 17.20.010 and Section 17.20:020, vessels are required to be tied to a float by both the bow and the stern. In addition, vessels are prohibited from tying to another vessel. I would suspect Mr. Bloxham will request your permission to "raft" vessels. The second paragraph of Newport Beach Municipal Code 17.20.010 makes reference to City Manager permission ,for this activity. It would be my recommendation to deny this request because of the precedent it would establish throughout the harbor. To my knowledge, this has not been done in the past for a harbor permit holder. If you have any questions, please call. D.'Harshbarger,-Director Marine Department DH:11 , / r/bC d r �;,`,�.9 ` i r Own 4�10 ola �2, 0 �.$) f f • . Nq /��+ vrn.:. w i;► Chipter 17.20 DOCKING AND MOORAGE 3 Sections: 17.20.010 Docking Permission Required. 17 20.020 , Vessel Tie -Up Method, 17.20.030 Direct Fueling Prohibited. 17.20.040 Gangway Required =-Lights. 17.20.050 Dockside Steam ]Engine Spark Prevention. 17.20.010 Docking Permission Required. No person having charge of any vessel shall make the same fast to any pier in Newport Harbor, or pennit Alit same to -remain at such location after finishing loading or unloading such vessel, w.itliout the consent of the owner, agent, or person in charge of any such pier." No person shall make fast any vessel to any other vessel already ocerlyying any pier, either public of priva.t:e, without first obtaining pernussion of tale City Manager, except that at the Rhine Wharf Park the liarbor- Master shall have the authority to authorize this activity under either of the following conditions: (1) A commercial fishing vessel is loading or unloading, and no other mooring or berthing space is available in the hairbor for this purpose; or'(2) a vessel is taking refuge froln inclement weather and no other mooring or berthing space is available in the harbor for this purpose. 1n no event shall more than one vessel be made fast to the dockside vessel and no other vessel shall be made fast to the outboard vessel. Both vessels stiall have operators aboard at all times. (Ord. 1577 § 1, 1974: Ord. 1090, 1964: 1949 Code § 10300). 17.20.020 Vessel Tie -Up Method. Every vessel lying at any pier- in Newport Harbor shall be fastened thereto with Stich fines, pit lc a it frorn boll bow and stern, and in such a manner as to assure the socurity of' i;uch vessel, (Ord. 1090 (part), 1964: 1949 Code § `10301). 17.20,030 Direct Fueling Prohibited. No person 'shall fuel any vessel 3.`Permitted areas for small vessel moorage -See Chapter 17.40. (Newport Beach 10.15-74) 356 J,r�d��'a.aa•f Cyr-t;,o�r.¢-cfr) 7 �'� �e'"' /"/ JJ r' ��>/t'• C"- ,f���Ca fY /J cam'/t't � f`� O (i� ' / / �-r^' t"'� ' ( s� (,..�''� l l f' P f , / l'r >/ `�%5"Tc�/C���.ff°� ;y / (7 4 / 6 ". Cot l' t C, X / % Qv /';l /, .f V �� % �.• s i i{ k+, � t r Jo s- n c / 7/ q / _�' C7 i Cl i/ � , - c"er. <<j �yl�� /42r�' �% 5�% o oriie1 "��c'hy'1 (.�� lJ, �p`oy'l MARINE DEPARTMENT January 19, 1977 TO: CITY MANAGER FROM: Marine Director SUBJECT: ROGER BLOXHAM. The following summarized information from our file, reference Roger Bloxham, should assist you. Please find attached: I. Newport Beach Municipal Code Sections 17.20.01.0 and 17.20.020. These are the code sections that Mr. Bloxham has been cited under by the Sheriff's Department, Harbor Bureau. 2. Chronological listings of interface with Mr. Bloxham from the Marine .Department and Sheriff's Department, Harbor Bureau. 3. Business license information and the requirement that Use Permits be issued for boat sales and.boat repair, which to our knowledge Mr. Bloxham has not received. 4. An aerial photograph of Mr. Bloxham's harbor permit area. The photograph illustrates "over -use" of the area. The vessels that are currently in there are too large for the slip facility. Harbor Permit Policies state a vessel should not extend beyond the slip more then the width of its beam. By Municipal Code Section 17.20.010 and Section 17.20.020, vessels are required to be tied to a float by both the bow and the stern. In addition, vessels are prohibited from tying to another vessel. I would suspect Mr. Bloxham will request your permission to "raft" vessels. The �s=econd: paragraph of Newport Beach Municipal Code 17.20.010 makes reference to City Manager permission for this activity. It would be my recommendation to deny this request because of the precedent it would establish throughout the harbor. To my knowledge, this has not been done in the past for a harbor permit holder. If you have any questions, please call. D. Harshbarger, Director Marine Department DH:11 i3 . ........ „.., ...., Chapter 17.20 DOCKING AND MOORAGE Sections: 17.20.010 Docking Permission Required. 17.20.020 Vessel Tie -Up Method. 17.20.030 Direct Fueling Prohibited. 17.20.040 Gangway Required —Lights. 17.20.050 Dockside Stearn ]Engine Spark Prevention. G 17:20.010 Docking Permission Required. No person having charge of any vessel shall make the same fast to any pier in Newport Harbor, or permit the same to remain at such location after finishing loading or unloading such vessel, without the consent of the owner, agent, or person in charge of any such pier. No person shall make fast any vessel to any other vessel already occupying any pier, either public or private, without first obtaining _---► permission of the City Manager, except that at the Rhine Wharf Park the Harbor Master shall have the authority to authorize this activity under either of the following conditions: (1) A commercial fishing vessel is loading or unloading, and no other mooring or berthing space is available in the harbor for this purpose; or (2) a. vessel is taking refuge from inclement weather and no other mooring or berthing space is available in the harbor for this purpose. In no event shalt more than one vessel be made fast to the dockside vessel and no other vessel shall be made fast to the outboard vessel. Both vessels shall have operators aboard at all times. (Ord. 1577 § 1, 1974: Ord. 1090, 1964: 1949 Code § 10300). 17.20.020 Vessel Tie -Up Method. Every vessel lying at any pier in Newport Harbor shall be fastened thereto witli sucli limes, it le ist frorn bodr bow and stern, and in such a manner as to assure the security or Stich vessel. (Ord. 1090 (part), 1964: 1949 Code § 10301). 17.20.030 Direct Fueling Prohibited. No person shall fuel any vessel. 3. Permitted areas for small vessel moorage —See Chapter 17.40. ti f (Newport Beach 10-15-74) 356 L 0 ItIli .v. M Ile; 44�� e / ' � k� •�.. / t. ( 'f'^%t r,�� • � c� d,%�. kA. ,a°°d, �C6 �r �^a(�., ia. �.. r i y? r� ..q :mil �+. r , 75 Q7 �57 �/ i' ✓. •� d ..,..i�^�� / s.)'nJ 170 II U r i. ! :� ,. f � , P /�0 f t ni 0 l i�"�� 0 Co 14 /4)A 10/il 0 f . �,�. v�_ , 6, .� I /. C;r r+ S r �-+1 r r^ �` ,,�' a'r� 1.'"�' G� r t'+�,�%f'; •y o .�m�> '" � Y'! � '� _ �` . d . ' f.s rt, � 7 1f �..lJ�� / t_ bra r a n a " Biel /7 o I R I�. f r _ 1( 1_ %'�14 i1 D l7.` c?' / 1c:':^ /-:D icl. 7, �2, 0 1 Chapter 17.20 DOCKING AND MOORAGE3 Sections: 17.20.010 Docking Permission Required. 17.20.020 Vessel Tie -Up Method. 17.20.030 Direct Fueling Prohibited. 17.10.040 Gangway RequiredLights. 17.20.050 Dockside Steam ]Engine Spark Prevention. v' 17.20.010 Docking Permission Required. No person having charge of any vessel shall make the same fast to any pier in Newport Harbor, or permit the same to remain at such location after finishing loading or unloading such vessel, w.itllout the consent of the owner, agent, or person in charge of any such pier. No person shall .make fast any vessel to any other vessel already occupying any pier, either public or private, without first obtaining � permission of the City Manager, except that at the Rhine Wharf Park the 1-larbor Master shall have the authority to authorize this activity under either of the following conditions: (1) ,A commercial fishing vessel is loading or unloading, and no other mooring or berthing space is available in the harbor for this purpose; or (2) a. vessel is taking refuge from inclement weathler and no other mooring or berthing space is available in the harbor for this purpose. In no event shall more than one vessel be made fast to the dockside vessel and no other vessel shall be made fast to the outboard vessel. Both vessels shall have operators aboard at all times. (Ord. 1577 § 1, 1974: Ord. 1090, 1964: 1949 Code § 10300). P 17.20.020 Vessel Tie -Up Method. ],"very vessel lying at any pier in Newport Harbor shall be fastened thereto wi0i simli Hiles, al; .least frorn bolli bow and stern, arid in such a manner as to as,,sure the st.te-urily of c,iacil vessel. (Ord. 1090 (part), 1964: 1949 Code § 10301). 17.20.030 Direct Fueling Prohibited. No person shall fuel any vessel 3. Permitted areas for small vessel moorage —See Chapter 17.40. (Newport Beach 10-15.74) 356 Ito o a V �'fe -I�oe C-'O yl VIC ZZ2rl.l At, 0 rl CT 3 -,*)Je= 0/ V 5) 7 tT �y e L.S r- e 111/1 Ica, x z�sl k� 9 7 C"v Al-9 LZa 2-6L, r2 Z' Z2 0 Ile -7Z� n '7-/' e' / 716 '7�6 �O rlin'l le YltO 0 a //t / Ad a in je, I'M IrY, 9 Il - CITY OF NEWPORT BEACH MARINE SAFETY DEPARTMENT RECORD OF ORAL INFORMATION From: In person ® Li M w = Address: f Telecon TO: Div. ozv_ r t s No INIT. DATE M.S. DIRECTOR ASST.DIRECTOR SECRETARY SUBJECT :°,� File Date: Outline of Information received given 17 f/Eft' fl� .�C«°f, Ei�`i cJ`'J� 1 Lam' c �^''•.,�,.�.�•.,F^'..,�.-« °wn F,6' 71 Ile r a X , Z+�.�'�?°- f' e-r� 4.r+"`'" �,�/ry/ G✓"Vr(,�'�" r f Action Re uired ers q o Responsible Date Due: 1E 4C elm. i 4 k CALIFORNIA 9266o City Hall 3300 Newport BIrd. April 30, '1975 (714)67321 O Mr. George Dussin Dussin Investment Company 219 SW Stark Street Portland, Oregon 97204 Re: Spaghetti Factory - Use. Permit No 1715 Dear Mr. Dussin: In ap-proving Use Permit No. 1715, you were required to furnish one parking space for each three occupants of the restaurant. Inasmuch as there was insufficient parking on site to accom- modate all of.the parking for the restaurant, you were required to obtain an off -site parking agreement from the City Council. This off -site parking' agreement, approved by City Council on November 11, 1974, and executed by the City on December 27, 1974, indicates that a minimum of forty spaces will be provided in the lots immediately to the north of the subject restaurant and under lease from Roger Bloxham. You have not performed as required by the conditions of that approval, and the City has given you adequate time to bring the lots into conformance in order to continue the operation of the restaurant as approved. Unless the off -site parking lot is improved,striped, and in all instances made to conform with the requirementsof the permit, we will have no alternative but to require that the restaurant operation be reduced to the extent necessary to make it comply with the parking available in the on -site parking lot., If the lot is not.brought into conformance by May 10, 1975, action will be taken to require that the restaurant operation conform to all City requirements. Very truly ,yours, DEPARTMENT OF COMMUNITY DEVELOPMENT Director RVH/kk Y CITY OF NEWPORT BEACH MARINE SAFETY DEPARTMENT RECORD OF ORAL INFORMATION FromIn person Mr. Address: Telecon TO Div.. SUBJECT: No INIT. DATE M.S. DIRECTOR ASST.DIRECTOR SECRETARY !! 1:7 C7r' f> rc�lFile: ✓ �•- Date: Outline of Information received S—Z;a given [�f t� �,kl s , / F Y,Y/ ell �f v""�'1 ",,��'f c.�, "., ..s 1";r ,�,r ie,. � U^'i�j` 1 rpl -'�, � �+'� .r, �'".'1.,� /#t) .��"-s r;,»,,�a% � .d� ,,�.,Jp ,✓f� /l�/fie.//� Action Required Person Responsible Date Due: s d }} xv ORAGE HARBOR PATRO .� 'i 6.J ; cam}`? 1901 BAYSIDE DRIVE NEWPORT BEACH, CALIFORNIA iNCiDENT REPORT TYPE OF REPORT Ve%sels illegally tied, DATE—TLME REPORTED 2 /2 4 1 1 :00 INFORMANT ; 3 BRADLEY, R. ADDRESS - CITY, - 4 arbor Pstro1 PHONE 5 VICTIM OR VIOLATOR a of {1 Ei aM nrrpr ADDRESS CITY _�:lE—..5f 7 �. F , j BOAT NUMBER NAME 0 LENGTH 11 TYPE 12 .MAKE VALUE 13 14 LOCATION—[BOAT 15 BOAT OWNER 16 ADDRESS CITY 1.7 PHONE 18 19 It his been observind, b)t this, officer that numerous. boats are i-led tillegally _ South in front nf the pro.perty located between 2 t. Street r d theCoast i v .ropert Ihis e �/ 6 pier h -elv 507 long. Thispter would l'EM;scellanecuspillingsL sP -t I s tied at thj� !ccatiom- l-t i boats to extend ove,thestreet f-a Q •g i (docking permission required). Tni is also in violation of pier permit, as the boats extend over property line into the street. i 14:00 Contacted D. Harshbar, er, Marine Safety Department and showed him the area in question. He concurred that this is in violation as stated above sections and he will contact violator and request situation be corrected. I Bradley M 9/23/7LL Xerox cop of this report made for oberg and D. Harshbarger. I i APPROVED—SGT. DATE COPIES TO OTHER Obe rg/Ha rs hba rge r P.D. F.D. L.G. C.G. OTHER REPORT NO. OFFICER RECEIVING CALL Rradlev OFFICER ASSIGNED B r a d I e v /Escher UNIT 11 TIME 11:00 H.O. REPORT NO. 40g-425 C F4051-9.1 _ _ DRIVE#RANGE , COUNTY HARBOR PATROL TYPE OF REPORT ,The Crow's Nest CF- - 0 4-CH over property line DATE -TIME REPORTED z 8 12 4 18-00 INFORMANT 3hARBOR PATROL -Olson R. ADDRESS 4 CITY PHONE 5 VICTIM OR VIOLATOR fi Y.- ( ADDRESS 7 CITY PHONE B BOAT NUMBER 4 CF-50 4-CH BO AT NAME 1D "COMFORT" LENGTH 1, 01 TYPE 12 ;/ MAKE 13 VALUE 14 LOCATION 15 BOAT OWNER 16BLOXAN R. ADDRESS 17 Box 304 CITY Trabuca CanyQn,s586-078 PHONE 19 This station received a call that the vesspl "COMFORT" property line on to the property of the 1 s Nest Yacht Sales- 11pon observation it appeared that the � upper flare p., on the starboard I h�=tl—extended a maximum of 1011 over the prnnerty line During;; canversation I with f I got notice from the Harbor Patrol - I' t 81 /i4/74 gent FM I Et4 1 8/19/74 No change. Jacklin 8/20/ 4 Xerox copy of this report and letter sent to Cant. Dave Harchbarger I Newport Marine Safety Department Co rda 1 1 FM I I i I � i I ' APPROVED-SGT. DATE � COPIES TO P.O. OTHER F.D. L.G. C.G, OTHER REPORT NO. p t OFFICER RECEIVING CALL OFFICER ASSIGNED Glavas/Glasgow UNIT 12 TIME 18:00 H.D. REPORT NO. 408-232 y c F4051-9.1 August li+, 1974 Mr. Sloxan Box 304 Trabuco Canyon, California Dear Mr. 6loxan: CF-5054-CH DR-408-232 it has been called to the attention of the Harbor District that your vessel. CF-5054-CH, the 1°COMFORT" is moored at the property of Croft and Neville. A complaint has been made that it is ex- tending over the property line on to the property of .the Crows Nest Yacht Sales. it is therefore requested that your vessel be moved, in order to comply with harbor Regulations, as the vessel does extend over the property line according to a unit;.of the Harbor Patrol. Your prompt attention to this matter will he appreciated. Very truly yours, HARBORS, BEACHES AND PARKS DISTRICT KENNE TH SAMPSON, Director ALBEe a 08E G, Harbor Feaster A0:em City of NewPort Beach 3300 Newport Boulevard Newport Beach, California 92660 714/673-2110 September 26, 1974 Mr. Roger Bloxham 3101 W. Coast Highway Newport Beach, California Dear Sir: The Marine Department of the City of Newport Beach has received a complaint regarding the condition of that area covered by the City's Harbor Permit #119-223. An inspection of the site on 9-25-74 by the Marine Depart- ment confirmed that certain conditions exist in viola- tion of the'City's Municipal Code and Harbor Permit Policies. Listed below are those conditions determined to be in violation and the applicable Sections of the Code or. Policies. 1. A tug boat and two sailboats encroaching beyond the side property line projection into the street -end. Section 21A of Harbor Permit Policies. 2. Three wood piles and two pontoons floating in water. Section 42 of Harbor Permit Policies and Chapter 17.32,020 of Municipal Code. 3. Vessels extending into bay from the float a distance greater.than the beam of the vessels. Section 21B of Harbor Permit Policies.' 4. Vessels tied along side another vessel rather than along side the float (rafting). Chapter 17.20.010 of Municipal Code. The above conditions must be corrected and brought into compliance with the City Harbor Permit Policies and Municipal Code within the next 15 days. Page Two Mr. Bloxham Thank you for your cooperation in this matter. If you have any questions, please call me at 673-2110, ext. 291. Sincerely, Teri E. Welden Tidelands Operations Coordinator Marine Department GEW: if BLOXHAM BUSINESS LICENSE Suggested Conditions of Approval 1. There shall be no hauling out of vessels over the adjacent (21st) Street end. 2. There shall be no storage or maintenance of vessel within the adjacent street right-of-way. 3. There shall be no mooring of vessels within the adjacent street right-of-way projected bayward from the bulkhead. 4. Vessels moored bayward of the yacht brokerage shall be moored in accordance with appropriate City ordinances & Policies. NOTE: A. Would it be appropriate to include boat hauling and mainten- ance of boats in the business license if in fact these activities are to be carried on as part of the business. B.. There may be a'conflict between storage of boats on the property and a contract the applicant has with The Spagetti Factory for parking. Perhaps this can be checked out with the , Community Development Department. ;rJ - L"77 �E ". S U �3 Wils suz-L'E'A'SE iG en egad into as Of 'Chis 197J, by zind bet-Ween 'ILA,�MNEE INCORPO%iATEZ, a i ruornoratioa, hereinafter callod "Sub -Lessor", and C."D T -Ni V I L L '4":' ZMWPORT 11ARBOR mXAA1NB CO., a California corpocap tion, "Sub-Lassea". hereto as EZhibit'l (z;oaietimes called "master L.O.aSa) and mada a part hereo-Af for all puzposas i3 a lease datod 1("1967, botwo,.m Mit. and 11R.;. VXCTO,Z J, -';WANSOCT n a k1 -V1 C T 0 S x Z; C t h a f o rm is r n am a o 2 DLNRIZNTE INCORPORATED) Except as expressly sat forth to 12ij-.he contrary in this sub -leases Sub-Lassee agrees to 1. - ts '3 m, lor' each and all of t-) ronha lses, covenan anti conditiorz !�;'E salA.d Exhibit I as if Sub- Lazisee ware the Lessee under said , A. ]L- 4 1 i ;i;,-:'.-x1,_bit 1, %nd Sub -Lessor agraaz; to par_�ozzm eachi and all oA; -Ch.-B covenants and conditions of said Exhibit 1 as if au::>- 17 w,�!ra t-a Laasor under zald Exlhibi a: CS ii2. zr '1 .1 0 f thi�; s'hall corimanca Ap-ril 7, 6.- A. iind sIhzill to-rmizata rebruary 10, 1977. Sub -Lessee shall 0 t ha Lun to ronew 1:hio 'L'or an qwldO-Lonal Uvn -A 1. Tiw .,x,iL'ci4je OZ "Lich option ohall 1.ia given at "Aeast 120 H 22 wa prior to the ena of It-1he initia-Al. yew of -%1--hin sub-leasa a.rld :;hall be uDon the ta=a and condition § harec'' 2,, z,3t Lo", runtiil which shall be ad-;u ted as set for Ith in Par A. 25 X13 'Q L t I In the event Sub--Lesdoes not ex,3rcise its 23 ulncia;: tha lea.3a prioa: to 3-50 day: before expJ ratiain a%'_-rCj5a thi option an,3 ,"-."nad -r. 27 ill IL(au of �'Zid -the saLd ma3ter leasa :tnd n 01- that: u b - L 2! 0 - A. .1!.i '-o per'orwi each L—ad 4. .1 41 j d m EX11TTET 2 rf7f III `i i 1 L pP'od thareunae:c then .r,. Y i r L 0 ti. 1 Ci n � d, i 1 �hc� ;.��st�... lease, i.ncludz.ny tea �, �" ' Sub -Les as shall have the right aid be entitled to, (but not L.. obligated). cure any default. by dealing directly with the Lessor Zr I u.,-jd r said raas ;ar lease arr] shall have the 'right to becoma the E R, Lessea 'Wader th® said raster l.:aaald to be substituted in playa 's 6� of Sub-L©ssor a Lo3sa'a thereunderon the ®vent of such occurrerac;: 7 ' as moressaid, Sub -Lessor snail e xacute all such documents necersaxy � i g to allow Sub-Lessea to becomes t°ne`,Lessee under said waster lease. 4. Anzozatal {ar the�.rsa Esc: !Vrt3na�oo.,a, i�l�- ac9rl��+t� ,3%fa�1 s�ey 10 t the suns of Ona Thousand ($1, 000.00) Do;tars per month on the 7 th ,1 .✓ f 4. , C? 9J 1-.- 11 �� day of each month o: tha tc�z.m hareo:E, partial months in the be- 12 Ri ginning and and of the term to be prorated. ;�ub���a:�s: w� s wall -pay 13 j upon the execution hereof the sure of °zwo Thousand ($2,000.03) i 14 ; Dollars representing the first full month®s rental and the 1-c_st I 15 i raonth a s rental. The provisions of Paragraph 3 of E.chi.`ai.t I are 16 otherwise incorporated by reference herein. 17 5 Sub -Lessee agrees to pay 'one-half (1/2) of all uti".i.ty 18 ,++ chargez. 19 li G. Sub-Lesseeroes pa p p a to I33 e'c cent of the real xoraerty g � y 20'1 t:ax increase over the taxes paid' for the year 1969-70 upon they 21 �I pr,3:Lit;j6 jou►bt.- i uiWor thu wio ii�Lor lea lo. 22 �% 7. Sub -Lessee may assign this Sub -Lease or fort ler sub-].o.azz 23 ii the premise, heroin provided that Sub--y assor shall have the ?:i,jaat 24 11 of - first refusal thereof. Said Sub -Lessor shall have fifteen (� 25 ,IR days from the date of notLca by ;pub-j essae, to exercise its right il 26 ;, of first refusal under the sxr-a ter-mz and conditions of th, ro-- 27 '1 posed assigrx-tent of sub-leasa. ",.n the evens. it Afails to 2 c3 j t:ili£, ri'�ht of i3.rut refusal said rightC'i.a, first r(:auza?a,s'aa'4161 t:a'iei"i 29 i caase and to ainat.a. 11 30 s. paragraph 20 of Lxh-Ibit l i:; not appli.cablew 9. Tilts pr e4-'I sas laaz ad. 'fits. reun,a,;.. ilr a described as I� r 30 low.-3 i+ - 46 �i II �1 . 1 N' 1 Of the : o:ver 'L�.aor o: the existing c :^ent block building located at 223 21st 2'} 3treat, N7_wport Baach,I!California, (axcept an area of the buildin wi �h l5 °' by 2�3 3 on tha lower floor in the northeast corner oA. tho building) .', and with all of: 4 I tha yard areas and `aat8r' area to .the pier haaa l:ina. ' 511 ! i I 6 I� ��.'he legal desciiULion A� tile jroal property as described in 71 {hibit 2 a►.d r ade a part hereof. 8 ! l t is uriaar tood and agraec� `hat P.T—iA P�3R NE li�ICO bC9 T aJ 9 !I.:l�ail c:)ntinuo to occupy t11U .1;1bCci4d t.iuvr of th°) c ale building at 10 ! 223 21st Street, I7awport Baacta, Cidlilornia, together with the 11 P-5 I -by 20' area on the lower floor in the northeast corner of the 12 .1bui ldiag. 13 !i i t is ic:r ther agx ed that i i-2Tj. ML vAR'1'= INCORPORATED shall I i4: hava full rights 02 access to and from its premises retained and � 15,!1,speci'21-ally shall have not fawar'ithaz six (6) parking s-, aces, 1G Lhraa insidethe fence and thrae .(3) outside the ...fence. 17 10. :_xcep t its z ;�,Lr;E.d in i:hi:a sub-lersa, ,'3ald exhibit �. E i 18 i z ,..,. _ a �. - -� E ! I�L.a dnc4..,,�U:.u`c3e� �.n its e:s�.�.re�.y �1'2.3 Ti6i...o.:� c. part �1t.Y'C:a.� e � 19 i 11. This sub -lease shall bebinding upon and shall inure to 20 i':hf� U:.00Cit of.' arasi.cfns an(] succeu:!ocs in interoat of Lhe partles. P 4 1;1'2Z4,EjJ 61IdF:RE01-', tier partias have e xac:uted this sub- .ease i 2~ ; ill day and year zizc t above written. 231. SUB -LESSEE; i 2 z��?: 7.i: r,:�.?�iJi: Y�Ic(JT�."'4:RA'1'ED, CR0.r1T_ r V1LLZ NEWPOR HARBORiNLIARINECIO® i�. r.. L v. t. ' . C�_li �u �r:ia corpora�.�.�n, a �.a�.iio�nia corpor�a�.�.oa,!/ � 27 it ;� / ''. ,�`.. . i, /�✓f.�C.• !� ^ L it 2167 C f-� 2G �i / /' Gordon m•billian Gr .zdy,I cie at 1 27 23 ID i _. 3 s`r o c;a.►..T,�+xA .2i COORANGE ' L'�i y'S' Gr E 3.; r�77Z� ! b3 ore :ne t�za u;,d rSigned O-3 i:h S uay Of Aprils 970, +{ Rotary Public. versax:L 1 p } /- 5 ba thel�'t o ti'c� ca�:pozatao;� ;�. known to ma to 6 '' :k that executed tiia' wit,i n instrument andc',t�tow3.edred to me what' f f 7 such corpord•tion executed I'tha same. Y - said Notary Pubia c i�a �.o nor I ► rjr t'RIhCIF'�s_ JrPl1:� tti 10 } �� 'RANGE COUM7Y: Coun'�y and 'LatG J72 i 12 STATE O. CALIFORNIA ) , 13 ) ss 1 COUNTY Or O��+G 14 1 0n this � day of APrIl,11970 ® ,,aforera(~ the undersigned 15 i i, �Yo 3ry Public personally appear r; d Gordon Willia� Grundy 16 ,I to meto be the president ®i tl,,e corporationthat exucui:ed ta'lc 17 ;tli within instrument and. acxnowlad�ad to ��1v that Much corp:) rati<�s. ' executed tha sass, I ..........1......«............ - - ; ? PAMT. VMPSON Notary Public in and �oz ?0 quid fF_r N„Omy PUIII11: C;(191nVy oncl ;"t-r%to. `I}�...�Jr,� Lla'el ul t'llllullna 21 � cntilm In pAUL Crop i. 5{6lrJUi@ I 3 - &1y Commizzion Expiry lung 9, 1970 I 22"-; i 2 �I24 25 ,1 , 26 27 ,� c 23 29 4 V t � L E A Si 0 I 2 THIS LEASE, -executed in ' licate,I'is made this day of 1 x9( by and 'between, VICTOR J. SWAN SON al I MjZS., VICTOR J. SWANSO (hereinafter collectively galled 4 tr Less r ) and Lk M�iAINE I' CONTRACTORS I.N , C. (here 5 I� d CROFT AND NEVIL " 6 I inaftj�r called "Lessee"):. { 7 1. PREMISES LEASEb: Uponthe terms and conditions herein- after'set forth, Lessor hereby leases toll,Lessee, and Lessee 8 ' 9 hereby hires and takes from Lessor those):certain premises and 10 appurtenances thereto laaown as223-21st Stroet, Newport Beach, 11 Califprnia, and more particularly described 'on Exhibit A attached 12,1 heret,p and made a part hereof. 13 2. TEBM: The terra of this lease is -for -ten (10) years, 14 comme4cing 'r-r_ �_, �`��7 and terminating i 16, Lessee shall have the option of renewing this lease for an 17�I additional five (5) years following the initial term hereof by i lg giving at least one hundred twenty (120) days written notice l9 ( Prior to the end of the initial term of its intention to renew i 201' the lease. Such renewal shall be upon the same terms and condi- tions hereof, with the exception of rental which shall be in� 22 creased or decreased in accordance with the Consumer®s Price .23 lad", in the sa ma9 watnnor as at the eaadl off: than flr¢at five yuura Of 24 the initial term, as set forth below. 26`;I 3. RENTAL: As rental for the leased premises, Lessee 2011 duriij,g the first five (5) years agrees to pay twelve hundred 2711 ($12U) per month on the first day of each month of the term hereod 28I� partyal months at the beginning and ending of the lease term to I+ I I 29 be prorated. Lessee shall pay upon the execution hereof the sum 30, of 0,400 representing the first full months rental and the last. 31 montl,�s rental. The parties agree that the rental to be paid by 321 Les: qfe shall bey adjusted at the commencement of the sixtn (6€ h) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 23 29 30 31 32 doe 1t I ° J ° • 1, 1i° M` - - II effect n inreases or I decreases in the ecoaoray, c i year of the .lease to t which rental .shall continue f o the next five' (5). years • The standard to be used: for computingflee increase car decrease in i rental shall be the Los Angeles) Consuamer' :'rice index, bureau �I of Labior Statistics (all 'iteMG)i, 'published by the United States Department of Labor),using as the ';base period the years 1957 throuc,h 1959 and which base period equals100 (hereizaafter I' referred to as "Price index"). The Commencement Price Index shall be the Price index published in April 1967 for the month of Maxgch 1967. The adjust etit Lea L11c ra-tiLal for 1;11Q ."uuc;6L1d. -five- year term shall be computed as follows �14�1404 1st term yearly rental Adjusted Rental (yearly Prase index March 1967 /� 1 ce Index oiL coxmesaceme-aL ,of*2nd five-year term 2/72 rent increase to $17,4-0� yeaFry as per this lease agreemena, Should the price statistics be unavailable from the Deparment of Labor, the parties' agree to use a reasonably comparable standard to reflect the increase or decrease in the eeoncr,Ry. If for any reason no such comparable index is available at alj�, the rental shall contl.�ue for the si�cond five-year terul at thy, same rental as the first `term. Should the option to renew'',. be exi,rcised as hereinabove ;Meted; the rental shall be increase& or ducruauod capon tho naaeno foriaul", taring tho Price I.ndox on the compea;lcement of the new terra. 4. UTILITIES: Lessee agrees to pay, before delinquency, all charges for water, gas; elI6ctricity and any and all other ' services which may be used in or upon the leased premises. 5. TAXES: L6ssor agrees to pa r before delinquency all taxes and assessments on the leased premises up to a. total amount as will be shown on the tax assessment and tax rate for the tax year 1966-1967 ,` Lessee agrees to pay, as aZddi, iona.: rent, each year, all such taxes and assessments over and above laid total mount; and 'Lessee ,agrees to pay, before delinquency., 2 !�� a e 4p h•.b.9 . i� a '.ydt Xr �_ L... b.s •, e_` I I 4gj •r i, I i I i �I e ro e rt h °d'a against property P �.I all taxes levied upon or assess� g 2 Lesseesituated inland upon the leased premises. "Lessor shall l ; .31 furnish copies of the tax mills Ito Lessee. 4 I 6. USE OF 'LASED PREMISES:The property leased is to be 5 used foir a marine contracting business and' for any lawful purpose. 6 %, LESSEE TO COMPLY WITHi ALL APPLICABLE LA 'WSo The Lessee agrees to comply with all, applicable laws,. rules, regulations sand 7 f 8 ordinances of every governmental body or agency whose authority extend4i to the leased property orl to any business conducted upon .10 the le&sed property, 11 F�, MSPECTION: The Lessor may eraser upon the leased 12 property at any reasonable time for the purpose of inspecting 13 the leased property. Lessor shall be permitted to place upon 14 said px emises any usual "To Lease" signs within sixty <60) days 15 prior t;o expiration of the lease. 16 9.• ALTERATIONS AND.D�PROFEIiENTS: Lessor agrees that q yk9 17 Lessee shall have the right to make alterations in the premises s 18 from t,�"e to time at Lessee's sole cost and expense, except that 1 19 any alterations which shall be in excess of the sum of $10,000, 20 or whi4,h ,shall require major structural changes to the buildinga 21 and improvements' shall require Lessors written approval, i.easox <.•. agrees not to una:c:a soniilily wiLlalauld J.t:a Illop;:ovaal to a l�cszaat�t�au:�. 23 10. MECHANICS' LIENS: 1'he Lessee agrees to keep thy: 7.eased 24 property free from the claims of persons who, at the request of 25 the Le,,5see, furnish labor or material to or for :he benefit of 26 the leased property. The Lessor at any time may post and keep 27 posted on the leased property appropriate notices to protect the 28 Ii Lessor against the claims of persons wxao, at the request of 29 Lessee, furnish labor or naterals to or for the benefit of the JO i J� 32 Aeased property. 11. REPAIRS: i A. Repairs by Lessee: The 'Lessee agrees that at its II 22 23 24 25 ROM 27 23 29 30 va. 32 dll I i I I, own expense it will keep and maintain the leased property (except t the foundation bulkheads exterior w 1 lls, and roof of the buildings that comprise a part of the leased property) in good cond1lItioa and repair, and the;Lessee agrees that upon any termin.a- p 1 tioa of this lease it will surrender the leased property -•,in good condition and repair, normal gear and tear excepted. B. Repairs by Lessor: ine Lessoragreesthat at their own expense they will keep and maintain in good condition and repair the foundation, bulkheaad6, ! exterior walla and roof of the buildings. 12. TRADE FIXTURES: Fixtures installed by Lessee in and upon the leased premises may be removed by the Lessee, if it is not in default, at any time while the Lessee remains a Lessee of the property, provided that Lessee restores the premises after the removal o- such fixtures to1a.good condition. 13. BANKRUPTCY: If a Volua.tary or involuntary petition, i in bankruptcy be filed by or against Lessee or if Lessee be I adjudicated bankrupt or insolvent, Lessor shall have the right j i without further demand or notice to reenter the premises and ray at their election declare the lease terminated. i 14. DEFAULT: A default in the performance of any proraise � i of, or of any ObligaLioa iau1Dctuud tap: a l'lto Lutiuur or Liko Lutjb; llu shall not constitute a breach of this lease unless the 'party in default fails to cure such default within thirty (30) days after written notice of default has been served, except that failure � VI to cure a default in the payment of rent shall constitute a. breach of this lease if such default is not cured within tan 0 days after written notice of default has been served in accordance with this lease. If either pasty breaches this lease, the other' I party shall be entitled to pursue every legal, and equitable f remedy available, including (gout not limited to) the ri3ht without� d any further demand or notice, to reenter the premises and taka W4- 1 3 4 a 6 7 8 9 10 11 12 13 14 '15 16 17 18 i9 20 21 22 24 25 26 27 M 29 30 31 32 I III 3 i 1 � I h � I' ossession thereolf. 15. DESTRUCTION OF PiL_:�FISES o A. Total Destruction and ''Partial Destruction Defined: ,For the purposes of this paragraph, damage or destruction to the extent of 50% or more of theivalue of all buildings comprising a part of the, leased propert)�, shall be deemed to be total de- st",ctioa of the leased proper y, ands damage or destruction to I the extent of less than 50% of the value of all buildings shall be deemed to be partial destruction. B. Tc riii .tual.J.on Voll ow. np, 'foral De.ri iictf.on: If tha leased property is totally destroyed by any cause whatsoever during the term or any extended terra of this lease, teen this lease immediately and automatically ,shall terminate, and ia the event of such a termination neither party shall have arty furthwr rights or obligations under this lease except as stated in j subparagraph D. C. Partial Destruttion, Rights and Duties of Parties: If the leased property is partially destroyed by any cause, emd if the building or buildings destroyed can be restored € nd rebuilt to substantially its, or their, former condition with:4n a period of sixty (60) working days after the date of destruction, then the, Lessor agrees that at their own expeniie they will conmmencer proa;aptly and prosecute dilibenL•ly such work of restoration. The Lessor i 1 shall maintain adequate fire insurance coverage upon the building to. cover such rebuilding costs. ,Said fare insurance policy shall contain a waiver of subrogation clause against :Lessee. if the. Lessor enters upon and diligently prosecutes such work of restora- Lioa this lease shall remain in full force, except that durins t1n.e iperiod of*restoration the Lessee shall pay rent in proportion 9-.o the use made by the Lessee of the leased property 'While such work of restoration is being carried on. if such work of restoration cannot reasonably be performed within sixty (60) workiag days, f m 5 - ;i 21 31 4I 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 37, 32 M M I L.. then either Lessor or Lessee rLay terminate :his lease b giving I� y g g written notice of intention to terminate, such notice to be given within.:twenty (20) days..from the date when such destruction occurred.. If this' lease is terminated pursuant to the provisions I of this subparagraph, neither party following such termination shall have any further rights'or obligations under this lease except as stated in subparagraphs D. r D. • Ad_justmer t of gent: in Case of Termination Following Dcstr7iction: If this Lease is, terminated pursuant' to the pro- visions of uubparagraphs B or Ca Lho Lesaou ali all bu obliguoLud to pay the Lessor upon demand the amount of unpaid rent (prorated on the basis of a thirty -day month) up to the date when such destruction occurred, and, as the caaa may be, the 'Lessor shall be obligated to - refund to the Lessee upon demand the amount of monthly rent paid in advance prorated as to the portion of the month (on the basis of a shirt' -'day month) remaining after the - date such destruction occurred, 16. INDEV2,IITY AND INSURANCE: Lessee agrees to indemnify and save Lessor harmless from and against any and all claim8 arising from any act, omission, or negligence of Lessee, or its agents or employees, or arising from any accident, injury or damage caused to any person or property occurring in, on, or about the premises or any part of Lhem During the lease Lur~La, Lessee shall, at its own expense, maintain in full force a pol i y or policies of comprehensive liability insurance, including property damage, written by one or more responsible insurance compan:Les licensed to do business in California, that will Jnsw e Lessee and Lessor against liability for injury to persons and propertty and for death of any person or persons occurring in or aboi,;t the premises. The liability under, such insurance shall not be less than $100,000 for any one person injured or killed., not less than $3000000 for anyone: accident, and not less than _ 6 N it r property damage. f i $20,t000 for prop y � the. provisi ons ns Of t 2 17. BIv,DXNG Obi SUCCESSORS. Ali. e P 3 lease shall inure to the benefit of, and shall be banding upor•, the '�Ieirs, legatees, executors, adn' J_ gyrators, and assigns of � the Lossee and the successors', and assigns of the Lessor. 13, NOTICES:' dill notices, Consents, demands of designa- 6 7 tioas under this 'lease by ei�ner party to the other shall be 8 in writing and shall be sufficientlygivenand served upon the 9 other party if sent by'certifi.ed mail., return receipt requested, 10 pos�;fi�;e prepaid, and addres6e d as follows: To Lessee, addressed 11 to the premises at 223-21st Street. Newport Beach, California; P 12 to Lessor, addressed to lessor at- 13 /�ll'��e'L"� /'t�<•� Cc,�! , O'r to such other place as l�assor 14 may from time to time designate by notice to Lessee. 15 19. ASSIGNMENT AND SUBIZ&SE: 'Phis lease shall be bi di,mg 16 upol,z and shall. inure to the benefit of the assign; 17 successors in interest o�. �.o.'e parties. Lessee may ass�b:. dais l8 lease or ,renter into one or more subleases of the premises; PrOvidc", 1�J . , w that upon any assigdiment or subleaGe., Lessee ,hall remain l.�ao�,�: e 20 hereunder unless the assignee expressly assumes the perfo� ace 2i of the terns of this lease. 22 20. COM, hff-%NCi; EiNIT DA 11' liia IGAGO G111111 donullanco capon 23 clo�3e of an escrow #209-05418 Bank of America, Anaheim, and the 24 pax,ties agree and authorize said escrow holder to insert he i i 25 dat;es of commencement hereof and termination in paragraph 2 of 26 thl.s lease to reflect the actual. date: of close of escrow© 27 i` 21. PARAGz Air EADINGS: Paragraph headings are for carid- 28I1 vaz,Aience only and not to be construed as parts of the sabstanti.ve 29 conl,ent of the lease. p :,O 1 22• OUIET POSSEbbl41N® lessor w.3rran 4� y J�. aw�zary of the piemiGes and that if Lessee performs the ter z and hereof it may have quiet possession and enjoyment 04: 1 1 2 I 3 4 5 6 7 10 11 3.2 13 14 15 16 17 18 19 20 21 22 2.3 24 25 26 27 28 29 IL NN , the premise's during the term hereof. Lessor wsrrants that there area no deed restrictions, eas..err,ents or encumbrances against the premises which would interfere with the`use of the premises by Lessee. Should there be any lenlcu=brarnces against the property upon which Lessor is or becomes in default, Lessee, after giving Lessor fifteen (15) days' notice shall be entitled (but not obligated) to cure any 'such default.by paying the rental due der® ectly to the lien holder and credit such payments to rental due to 'Lessor. 23. CONDIZ11NATION: In the L:venL of any taking or damagc 01. 'any part of the premises by exercise of the power of an eminent domain, the rights of the parties are as follows: In the event of a taking of all of the premises, this lease shall terminate as of the date of such taking. an the event of a tak,4ng of less than all of the premises, if either the use of the premises is substantiallyl diminished or is more than 257. of the area of the leased premises, theca in either event eit1c.ier party shall have the right to elect to terminate this lease by written notice to the other within- twenty (20) days after thy, taking. If the lease is terminated, Lessee shall be entitled to the award for any improvements made by Lessee and for the inter©st of Lessee in this lease. if this lease is not terni�aat�:ci in Che event of a taking of less than, all of the premises, thy: rental and other obligations of Lessee shall be abated for the remainder of the sera in an equitable amount. IN WITNESS M EREOF, the parties ' have executed this leazc the day and year first above written. LESSOR: i 30 32 Vl 'T a S4U"NS LESSEE'; CRO T AND V",LVILL Z XMUNZ CON UCTORS D r.yG I �44-o 46 6*1 P. U. hel.. , - , • 7%2 L TY? 4 ° ls' .AQ1NG ,T _ rA 1 7 t /� o` +. y Clcfa� �C7"/0ff' II — 9 9 9 9 9` _ CX/.S'%' ,Cs'G l2' /Z 7419 + a....._ ;LL .ram C� ; -. Rt { / r► or lAj '12 t►(!1/ Y C.:.r / 77, ,•, o s CL./lN T q C 0, 4 7_5 ',,�h�?//!/ i,.�- . ,. GD - /VL.r { ` r %�� /°✓���%G . G. its/...�%' ��%,P%�i!� , f _._ �' A/1/.fi A:, c6we 2 t _ ° /,g20 22 2.? 23 23; 2� 23 2� 23 23 2? 2�' 23` 21 19' /7 ` i. 10 r �./�.+. �f �t/ � � e , "3 1 ' Ov i # -- R4 w a —7—L s r , Y ° 1-46" A . PlLAN B a -.,.. NO. DATE REVISION: DRAWN •Y SMELT NO. ilf..0 f�. CEM.41 Z.A 1 DATE MARINE CONSULTING DESIGN 2� J. w. EAcO oAv10 KRAMER -s 99 CE 27095 SCALE 2400 W. COAST HIGHWAY NEWPORT BEACH CA 92663 A _. - .. _ .. L,t Lvitt REAGAN !k KRAMER : .4 S STRUCT11RJ11 ENGINEERING, _ _ - _ ,.., J. n, SUITE F 7I4 642 2206 _� G� .� i� %. S. 7�- .. asi EL cnMlhO REAL _ .STi�dr'�"7"` .. _ Yt/Fs T 2 , TUSTIN, CA 9268i? rl\/Ft C%I� . �Ei�il CN . � L I�. /L7 ,�.� + - s_ or srHccTs mmw � Sri � �� �val ,J'Lz:.•:-'' a�� `u� �i1 L �jaLICA"T' Q� 1 3 9- 111 Z Z� Drawn -141 •oz Illi i MANN loo, mm,00-001! I'll oil Z 7 14IZ --:�;- ryR) FCVIVL� /OA/ 2 C,4p �q 9 1<39 71, 14/Spez 15'Y 07AIl- ,, 4 !a 1',y y LL J c- wi I ri V1 V 7-YJ-? ti + L Pz- sr -74Z IT COMCee� C-49�-:5WL5. MIZA/. e; I 14 lz je ov CON.57-R�,Ie, 7' P& 67- r Ft - O\i Z 41Z-5'7-&51 DZ--7T 4J 1 44 /9 &171251) C-j 2"1 C6 ee:� 7-1-1 ICPT , "I Z:'A V _.ell / A r-71171 A I n N j, l0lll'iv`<—A 2: L J so J 41-;r4zR'1*>1,4Tc- R41v5L 0 1, ;f 6e�lvl r 4,-o 6--�AITERC-'49 0/1v Le�lqz�) REVISION: MOM 1-10ISr Pg-D,�g- 4,Z 5T _S Nor, IvEwpojer 2 2 3 - 21 si� S7-REE7- IVGVVPOR7- BE A CH CA4 /A. 0, m- s cz- ZD E T,4 IL APPROVED PLAN By.. DATE. 2-0 —90 SHEET NO. MARINE CONSULTING & DESIGN 2400 W. COAST HIGHWAY NEWPORT BEACH, CA 92663 SUITE F 714 642 - 2206 OF SHEETS ,,._,_. Y._...... __.. E cs 04 044m Li Ix co O CL E c*4 0400 co t 0 z 0 O O 43 ii so DOCK LAYOUT PACIFIC N OCEAN Q WTA. MAP NTS ("CA- 130� (12-26-50) 'PROTECTLINE PER U.S. ARMY CORPS OF ENGINEERING MAP OF HARBOR LINES, NEWPORT BAY HAR 79 0 Nb 4. 30' Nb *44% N 6*5 30"W 81.47' 904 oricu �v `6 c; c' N46*50'30"W N46*50'30"W IS" .73' f T 3.74 0 4( � ` cotic, z LEGAL DIED W LM— PARCEL 1: LOT I OF PARCEL MAP P.M.B. 68/48. IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE. STATE OF CALIFORNIA. AS RECORDED IN THE OFFICE OF THE COUNTY 4, RECORDER OF SAID COUNTY, ..... .............. . GENERAL 1. DATE PREPARED: FEBRUARY 2004 OWNER QWNER SOUTHCOAST SHIPYARD & LL NEWPORT BEACH. CA 92663 DESIGN CENTER 2312 NEWPORT BOULEVARD 10, 4' S' 4' ETCO COMMUNITIES 540 WESTMINSTER MALL WESTMINSTER, CA 92683 TEL (714) 379-3279 U.1611 ' mlll. 10 los z RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH A819110111112111213141510 JUN 3 0 2004 Pm 7 =---9L-lpL1NG-- t B, EET) [Eno ?3 ( IN FZET ) I inch - 20 fL DAIL' CHECKED: WW DRAWN: KF SHEET NUMBER: OF SHEETS I TRACT NO, 16594 *1 yfi� �9p �► •f 0- 0 PROJECT PACIFIC "� SITE OCEAN EffelilkT� NOT TO SG&LE UTLITF-8: NEWPORT BEACH CITY 301 EAST COLUMBINE AVENUE PUBLIC WORKS SANTA ANA, CA 92707 3300 NEWPORT BOULEVARD TEL: (714) 432-6031 TEL: (949) 644-3311 FAX: (714) 966-1875 FAX: (949) 644-3318 TELEPHONE: 3939 EAST COLORADO ST., 2ND FLOOR ANAHEIM, CA 92806 TEL: (714) 666-5718 FAX: (714) 666-8806 OWE/SU�.iIViDEI� OMES SOUTHCOAST SHIPYARD & DESIGN CENTER 2312 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 SURD)4DER: ETCO COMMUNITIES 540 WESTMINSTER MALL WESTMINSTER, CA 92683 TEL: (714) 379-3279 1 i k' t � a, o s � Va terQAQLE TO 830 EAST WARNER AVENUE ll� ��� �• �� SANTA ANA, CA 92705 TEL: (714) 338-2081 FAX: (714) 338-5025 1 \ m 7 7333 BOLSAAVENUE��� WESTMINSTER, CA 92683 TEL: (714) 895-0246 FAX: (714) 895-0188 AsF a Egan EASB04T.- EASEMENT i PEDESTRIAN ACCESS PU--i i THE CITY OF -i- r EASEMENT IS i MENTIONED r •i` ! ! PARCEL • - ! P.M.B. EASEMENT FOR SCENIC VIEW PURPOSES TO THE CITY OF NEWPORT BEACH PER O.R. f t r EASEMENT IS NOT iREPORT, SHOWN! P.M.B. GENEIRML NOTE& 1. TOTAL PROJECT AREA: 2.36 AC 2. LAND USE: EXISTING USE: COMMERCIAL PROPOSED USE: CONDOMINIUM ADJACENT: NORTH-- 26TH STREET SOUTHWEST-- WEST BALBOA BLVD, 3. PARCEL SUMMARY: PARCEL 1: 2.36 AC. 4, EXISTING ZONING: C - COMMERCIAL ASSESSOR MAP NUMBERS: 047-120-31 a 6. TOPOGRAPHIC SOURCE: AERIAL MAPPING WITH 1' CONTOURS 7. ALL EASEMENTS OF t•M NOT SHOWNBE HONORED, DOD AND/OR RELOCATED TO THE SATISFACTION OF INTERESTED PARTIES.DRAINAGE PUBLICEASEMENT'S AND • TO SERVE THIS PROJECT SHALL BE COORDINATED OF t•t AND SERVING UI1LnY COMPANIES. SLOPES8. BE OF E OTHERWISE . • INDICATED ON,. STREETS9. ALL t t IN CONFORMANCE THE CITY OF NEWPORT BEACH 100 & 200 SERIES OF THE STANDARD PLAN,R AND/OR OTHER APPROVED MODIFICATIONS r ALL GRADING CONFORMt NEWPORT TO GRADING ORDINANCE AND GRADING DESIGN PURSUANT RESOLUTION 11. OFF SITE GRADINGi OBTAINED FROM ADJACENT PROPERIY OWNERS SLOPE12. DRAINAGE AND TERRACING SHALL BE IN CONFORMANCE WITH THE LATEST EDITION OF O'M BUILDING CODE LOCAL13. ALL PROPOSED UTILITIES ARE TO BE UNDERGROUND 14. ALL r SEWER ILINES SHALL ; OF DIAMETER Isle] 8 ; K*1 &OVA W i' AND • OF i 814, IN THE CITY OF PORT BEACH, COUNTYOF ORANGE, CALIFORNIA AS PER MAP RECORD IN BOOK 24 PAGES 35 AND 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY ` R r i D COUNTY. PORTIONEXCEPT THEREFROM THAT OF r LOTS LYING NORTHEASTERLY OF r STATES GOVERNMENT •r LINE AS SHOWN ON •! OR NORTHEASTERLY OF THE ORDINARY HIGH TIDE`i` r IN THAT CERTAIN DECREE RENDERED -- !` COURT CASENO. 23682,ORANGE COUNTY, A CERTIFIED COPY THEREOF OF RECORDEN COUNTY.AUGUST 14, 1928 IN BOOK 191 PAGE 296, OFFICIAL RECORDS. PARCEL 2: 'OTS 11, 12, AND 14 OF TRACT NO. 814, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER .AAP RECORDED IN BOOK 24 PAGES 35 AND 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ffilff*1911111111110 ALL THAT CERTAIN PORTION OF *THE ARCADE" AS LAID OUT AND SHOWN UPON A MAP OF TRACT NO. 814, IN THE CITY OF NEWPORT BEACH, COUNTY OF -.CALIFORNIA, AS PER !-r r IN BOOK 24 PAGES 35 AND 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF iUNTY RECORDER OF r COUNTY,DESCRIBED FOLLOWS: SOUTHEASTERLYBEGINNING AT THE i. OF i SHOWNr ! OF TRACTi NORTHEASTERLY. 814; RUNNING THENCE i OF rARCADE"TO THE NORTHEASTERLYi` R OF LOTOF 814; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF LOT 2 OF SAID TRACT NO. 814 TO THE MOST WESTERLY CORNER OF LOT 3 OF SAID TRACT NO. 814; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 3 TO THE MOST SOUTHERLY CORNER OF SAID LOT 3; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID "THE ARCADE" TO AN INTERSECTION WITH THE EASTERLY PROLONGATION SOUTHERLYOF E LOT 14; THENCE WESTERLY ALONG MENTIONED EASTERLY PROLONGATION OF i OF t TO THE POINT OF SAID PORTION OF • r, i r AND CLOSED TO- RESOLUTION Ni. 2163 OF i OF THE CITY OF NEWPORT BEACH, A CERTIFIED COPY OF SAID RESOLUTION BEING RECORDED MAY 28, 1991 IN BOOK 1095 PAGE 317 #F OFFICIAL RECORDS. 7. XMIS LOTS 2, 3, 4 AND 5 IN BLOCKOF iNEWPORT CALIFORNIA,OF SHOWNON .r RECORDED BOOK 4 PAGE 21 OF i OF i RECORDERUNTY OF SAID PARCEL 5: THAT PORTION OF iTOWNSHIP. SOUTH,t i- -r i MERIDIAN, OF NEWPORTBEACH,i i ORANGE,OF CAUFORNIA, ACCORDING TO AN OFFICIAL PLAT OF • i LAND FILED DISTRICT IN THE LAND OFFICE, ;•t DESCRIBED i i EASTERLYBEGINNING AT THE MOST i. f OF i BLOCK OF A, NEWPORT BEACH,OF -ice BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP; RECORDED IN BOOK 4 PAGE 21 OF MISCELLANEOUS MAPS, IN THE OFFICE OF i RECORDER OF i iUNTY; THENCE NORTHERLY CORNER OF i SAID BLOCK INTERSECTIONTHENCE NORTHEASTERLY ALONG THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF LOT 5 • i- r i -. i .i. SAID ORDINARY TIDE LINE IS DESCRIBED IN THAT CERTAIN DECREE RENDERED IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE, CASE NO. 23683, A CERTIFIED COPY OF WHICH WAS RECORDED JULY i RECORDS; i r ORDINARY HIGH TIDE LINE TO THE INTERSECTION WI - THEASTERLY 'F-ROLONGATION OF THE SOUTHEASTERLYOF r LOTSOUTHWESTERLY i SAID PROLONGATION TO THE POINT f =14011 THAT PORTION OF LOT 2 IN SECTION 33, TOWNSHIP 6 SOUTH, RANGE 10 WEST, OF THE SAN IN THE CITY i rim r•-R iMERIDIAN, i i i`r iCALIFORNIA, a i! ACCORDING TO OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, DESCRIBED i i BEGINNING AT THE MOST NORTHERLY OF LOT 1 IN TRACT NO. 814, AS PER MAP RECORDED BOOK 24 PAGES 35 AND 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY; THENCE, SOUTHEASTERLY'ALONG THE NORTHEASTERLY LINE OF i LOT TO THE LINE OF ORDINARY ! OF OCEAN, AS DESCRIBED r ENTERED UNDER CASE i ..2 OF i- COURTOF THE STATE OF i- r COPYOF 1928, BOOK 191 PAGE 296 OF OFFICIAL RECORDS; i` i SAID LINE OF ORDINARY,r TO THE NORTHEASTERLY PROLONGATION"OF i' OF r LOTSOUTHWESTERLY i SAID NORTHWESTERLY PROLONGATION POINT OF PARCEL r THOSE PORTIONS OF BLOCKS 222 AND 223 IN SECTION A, NEWPORT BEACH, AS PER MAP RECORDED IN BOOK 4 PAGE 21 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF LOT 2 IN SECTION 33, TOWNSHIP 6 SOUTH, RANGE 10 WEST OF THE SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF r r FILED IN THE DISTRICT M OFFICE, OF .iw COUNTYOF ORANGE,OF CALIFORNIA, DESCRIBED i i NORTHEASTERLYBEGINNING AT THE MOST WESTERLY CORNER OF LOT 1 IN SAID BLOCK 223; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 1 AND ITS PROLONGATION Ni` t t` EAST 34.45 FEET , i �_ i_NER OF i -BEING♦ i ORDINARYrJUDGMENT NO. • 575 IN THE SUPERIOR COURT OF OF i- AND FOR THE COUNTYOF ORANGE,i COPY OWHICH WAS F RECORDED eri BOOK 7967OF OFFICIAL RECORDSOF . f20*04'27" EAST 48.19 FEET, ALONG ; ORDINARY TIDE LINETO A POINT ON iw PROLONGATION OF THE N!- OF i T 1 OF i PER•r RECORDED :ii r f•SAID i POINT • BEING NORTH• tt EAST 9.33 FEET, ALONG SAID PROLONGATION,`i iNORTHERLY CORNER OF r LOT 1 OF i SOUTH314, THENCE • ': it WEST 202.14TO THE MOST- i- - OF t -LOT 1 OF i NORTH 19't2'30" WEST 85.00 FEET TO THE POINT OF BEGINNING. • i- -.r, i M, t ND -- - TRACT BOUNDARY -- -- -P -- -- -- LOT LINE ----------- EASEMENT LINE --_---~---- STREET CENTERLINE t ! . Development ResourceConsult2lits, Civil Engineering - .. Surveying - Land Planning 8175 EAST KAISER BOULEVARD ANAHEIM HILLS, CA •.*.r LAWRENCE M. GATES, R.C.E. 45715 ATE • f. r T NEWIRM BEACH DAM NOVIBOM T79 20M BRIDGEPORT 2,300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA Irl ETCO INVESTMENTS, LLC 1351 POMONA ROAD STE. 210 CORONA, CALIFORNIA 92683 PH-(714) 379-3279 FAX-(714) 379-9223 MCKENTLY +ASSOCIATES ARCHITECTURE PLANNING DESIGN 234 East Colorado Blvd, Ste 725 Pasadena, California 91101 -2201 626.583.8348 ph 626.583.8387 fax PARKING LEVEL 3 PVIATIMA A/46 ; � a CA oo t j cp '� uP STALLS --- A � � `, �, \✓ l Oct' � / 1 jj,► j Ci4; PROPERTY LINE V STALLS R /' C A D E —, I I I I i qF �'`"� � � A' `�. � �` tea' I I I �'`�► � \ tDECK LEVEL PLAN 1 J \ `X r ..............................................._.....,.......,...,......,...........,......................,_.,..........,........._,.,...,.,....,-..................__...........,....,..........,......._,.__ ,...,...,.......,...........,.,..........,.......,...............,.,........ Scale: =204" 2300 .O. BOULEVARD NEWPORT BEACH, CALIFORNIA ETCO INVESTMENTS, LLC 1351 POMONA r' CORONA, , CALIFORNIA Ra 92683 coot m 1 � E I TIr CONCRI BULB HE OWNER : ETGO INVESTMENTS, LLC 1351 POMONA ROAD, STE. 210 CORONA, CA. 412552 PROJECT 2500 NEINPORT BOULEVA ADDRESS: NENPOR.T BEACH, CA. R2653 LEGAL DE50RRIPTION: LOT I OF PARCEL MAP P.M.B. 65I45 PARCEL I IN THE C17Y OF NEINPORT BEACH, COUNTY OF ORANGE, STA OF CA. AS RECORDED IN THE OFFICE: OF COUNTY RECORDER OF THE SAID COUN DATE PREPARED. DECEMBER 2005 TOTAL PROJECT AREA: 2.56 A.G. (102,500 S.F.) LAND USE: EXI5TIN6 USE COMMERCIAL PROPOSED USE CONDOMINIUM EX 15T I NG ZONING : 0 -- COMMERCIAL A55E55OR MAP NO. 04-1-120-51 STATISTICAL SUMMAn' U5E5: ALLOY+IED PROPOSED R,E51 DENTI AL AREA ALLOYVED -1i1101 :t 517,51 a (0:75X 102,500) RE51 DENT I AL UN I T5 ALLOYSIED 102,500 5F l 2,575 = 45 51 5 UNITS DUPLEX (± 25,655 5F) 12 UNITS TRIPLEX (± 51,152 5F) 4 UNITS FLAT (± 11,c106 5F*) -1 UNITS TONNHOMES (± 20,5-73 5F) flEXCLUDES ENCL05ED COMMON AREAS COMMERCIAL AREA ALLONED 51,400 t 51,015 (0.5X 102,800) RETAIL (± 10,015 SF) OFFICE (± 20,ct 43 5F) PARK I NCB REOU I RED RESIDENTIAL :51 UNITS 2 SPACES PER D.U. 62 STALLS 51JE5T PARKING C-5/D.U. 16 STALLS OFFICE : 1 STALL 1250 5F 54 STALLS RETAIL : I STALL 1250 5F 40 STALLS MARINE 5LIF5 0.5 STALLISL I P x 15 SLIPS 14 STALLS TOTAL 5TALL5 REG2U I RED : 216 STALLS PARKING PROVIDED &ARA5E5 s- 35 STALLS CARPORTS 24 STALLS RES l DENTI AL V 151 TOR STALLS 16 STALLS COMMERCIAL STALLS 145 5TALL5 MARINE 5L I F 5 14 STALLS TOTAL STALLS PROVI DED : 25i 5TALL5 5U I LD I NG HE I GHT ; ALLOAED PROPOSED 26135 FT. 26I55 FT. 5U I LD I NG 5ETBAC K5 : NDNF'ORT E3LVD. 5 FT. MIN. 5 FT.+ AND ARCADE STREET SIDE'Y'ARDS NON READ. VARIES E3UL.IGHEAD LINE 10 FT. MX 10 FTC+ McKENTLY+ASSOCIATES ARCHITECTURE PLANNING DESIGN 234 East Colorado Blvd, Ste 725 Pasadena, California 91 1 0 1- 2 2 01 626.583,8348 ph 626.583.8387 fax 06.29.04 � WTA m w mm BRIDGEPORT 2300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA ETCO INVESTMENTS, LLC 1351 POMONA ROAD STE. 210 CORONA, CALIFORNIA 92683 PH-(714) 379-3279 FAX-(714) 379-9223 McKENTLY +AS CIATES ARCHITECTURE PLANNING DESIGN 234 East Colorado Blvd, Ste 725 Pasadena, California 91101 -2201 626.583.8348 ph 626.583,8387 fox 'MAIRS t M r BEACH,NEWPORT ETCO INVESTMENTS, LLC 1351 . 'i A ROAD i CORONA, CALIFORNIA 92683 �1 a THIRD McKENTLY+ASSOCIATES LEVEL KARCHITECTURE PLANNING DESIGN 234 East Colorado Blvd, Ste 725 Pasadena, California 91 1 0 1- 2 2 0 1 626.583.8348 ph 626.583.8387 fox3 . .. ... .... . 06.29.04 I I I I'M Lf 61 +-T.00 m +;2.?.00 OFFICE NEWPORT BLVD. RETAIL Fl W 15H—f =Lk +5.00 PARKT9S, k4iAlem ILA 2300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA ETCO INVESTMENTS, LLC 1351 POMONA ROAD STE.21 0 CORONA, CALIFORNIA 92683 PH-(714) 379-3279 FAX-(714) 379-9223 15. 0 . — - - — - - + — . - -9* +4:2.00 ♦-f&p -57f-= Fl.ma- �-� W t:2'1.00 ARCADE, +15.33 +17.00 —T +5.00 +44.00j� TOO bfi-P—AFk_T Y +41.50 !�g 'LNE7OF kbOF* +5:250.k • KMcKENTLY+ASSOCIATES ARCHITECTURE PLANNING DESIGN 234 East Colorado Blvd, Ste 725 Pasadena, California 91 101-2201 626.583.8348 ph 626,583.8387 fox 09* tal..00 "k NALL T SECTIONS 4s!111 �EAIIZT V v'l LLEIVIAT'I"ON ;BR'l DG.EPORT 21300 N EWPO RT BOULEVARD NEWPORT BEACHi CALIFORNIA ETCO. I'N VESTMENTS, LlC 13,51 'POMONA ROAD STE. 210 CORONA, CALIFORNIA 92683 PH-(7-14) 379-3279 FAX-(714) 379-9223 z+44, & +42:90-, • +44,00' 1 00, 2300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA ETCO INVESTMENTS, LLC 1351 POMONA ROAD STE. 210 CORONA, CALIFORNIA 92683 PH-(714) 379-3279 FAX-(714) 379-9223 mma V- 42.0# Ar� P-1129M NORTH ELEVATION ....... Scale: 3/32" = P-0" 44jaJ.33- � 4+-T.00' SOUTH ELEVATION m KMc KENTLY +ASSOCIATES ARCHITECTURE PLANNING DESIGN 234 East Colorado Blvd, Ste 725 Pasadena, California 91 10 1 - 2 2 0 1 626.583.8348 ph 626.583,8387 fax ............. ... - - .. ......... ....... .... 06.29.04 WMI OFFICE BUILDING ELEVATIONS ELM02 = IL fiL Erm 1,01 wy aim 1011,711 � m 0 1 iug .1111 .BR.IDGEP:O 2300 NEWPORT BOULEVARD NEWPQRfi BEACH, ALIFoRNIA ET INVESTMENTS, LLC 1351 POMONA ROAD STE. 2,11 0 CORONA, CALIFORNIA 92683 PH-(714) 379-3279 FAX-(714) 379-9223 I