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CITY OF NEWPORT BEAC14
HARBOR PERMIT
PERMISSION IS HEREBY GRANTED TO C011STRUCT AND
MAINTAIN THE FACILITY SHOWN
AT THE SITE INDICATED, TO
THE HARBOR PERINUT SEACI-1 AN".
ANY spr-(NAL T1115 PERM,
IS NOT If RAN SFFFZAr.1U-% M'11QTEN 141, GNSIE3141'
THE C17Y HARBOR 01" ("VTV ("-X1U1U'_'1. T�
RIGHTS CM04 UP�Jjj-.R TMic�17
AND THIS FIE-MMIT MAy NEV&KCD F,1V 11fit' CiTY COUNC-'_
IN ACCORDANCE WITH lkTLE. 17 OF THE MUMCZPAL CODE.
co
FIRMT-NiL DATE
SPECUL COMUTZ0148
A# city of Newport Beach
1* Proposals for th000ntralof debris Shall bo sub*itted to and
approvod by tibe t1ari
40 84-fety � Director prior to the demolitioil
and/or removal:of�,the
2# That oewer,, servic'es nem-sulaSy. -!4br a puwp-out station or, atations
be provided in a mannor. sati,4&ctory to the Public Works Dap4rt-
Mont#
3* That a coawwrai,41 figa- pro
, slyg,teAt I o, installed Lit a000rd-
*no* With plans approved, by- the rive 061pazitment'*
4# That any domentic wattir sorvioes . and/or, slootrioal serv1cw,,)xevi-
sions and now laatallations�oa the'slipa be installed Under' a
permit obtained f rom �4110 napa-rt-men't- of C0rjW4uAJ-t,.,y Development-*
5* That aodrodging be allowed unless a separato "Dredgi
AV vezatto
has been approvad by the City# U* ft.XPO of Unginoevs# tind
Santa Ana RftiQUal Watet � QWdity Contxdl boar4o
6.o That the, proposed project oamply with Sootions 171 10 and 19 of
the COUIA0114S Harbor '90mit Volioieg 40talliAg the parking require-
mentat 006ty requirwAgents, &W sa"itai'z'y requiromats*
Do Joint Harbor colmAttes
lo That a sower pump -out eyaten be:provided in aoOotdwida with adopted
City policies and/or or-dinanaos q4W shall be subject to future
Joint Harbor Counitteo roviswo
2# Th4t the proposed publAlo walkway, by U-4 -in width#
3#- That there shall be no livo-aboards in the warihao
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MARINE SAFETY DEPARTMENT
70 Newport Pier
April 8, 1974 ITEM NO.: H-16 (a)
TO: MAYOR AND CITY COUNCIL
FROM: Marine Safety Department
SUBJECT: HARBOR PERMIT APPLICATION #124-3440 BY DON KOLL COMPANY
TO REVISE EXISTING SLIP FLOATS BAYWARD OF 3440 VIA
OPORTO
Recommendation
If desired, approve the.permit subject to:
1. Approval of the'U. S. Army Corps of Engineers.
2. Approval of the South Coast Regional Zone Conservation
Commission.
3. Proposals for the control of debris shall be submitted to
and approved by the Marine Safety Director prior to the
demolition and/or removal of the existing slips.
4. That a commercial fire protection system be installed in
accordance with plans approved by the Fire Department.
5. That any domestic water services and/or electrical service
revisions and new installations on the slips be installed
under a permit obtained from the Department of Community
Development.
6. That the proposed project comply with Sections 17, 18, and
19 of the Council's Harbor Permit Policies detailing the
parking requirements, safety requirements, and sanitary
requirements.
7. That a sewer pump -out system be provided in accordance with
adopted City policies and/or ordinances.
8. That there shall be no live-aboards in the marina.
Discussion
1. The prior approval of the City Council is required on this
application because:
a. The proposed harbor permit application abuts upland property
that is zoned commercial.
Page Two
Item No.: H-16 (a)
b. More than one slip or float is requested bayward of a
single parcel.
C. The proposed slips will extend 201 channelward of the
U. S. Pierhead Line.
NOTE: Section 23J (Page 11) of the Council's Harbor
Permit Policies states, ""'U. S.Bulkhead Sta.
'No. 122 to 125 - Piers or boat 771ipsmay be
permitted to extend 20 feet channelward of the
U. S. Pierhead Line".
(The project is within these identified bulkhead
zones.)
This harbor permit application is indirectly connected with the
Koll Company's Lido Village Marina redevelopment. While the
proposed configuration will reduce the total number of slips
available, needed mooring spaces for larger vessels are being
provided as a balance for the entire marina. The 23 existing
smaller mooring spaces will be removed and 14 new slips (9' long,
5' short) will be constructed as shown on the attached drawings.
The parking spaces required under the Harbor Permit Policies will
be provided in the new parking structure being built for "Lido
Village" by the Don Koll Company. Restrooms I required under the
policies will be provided in the buildings adjacent to the new
slips.
The Koll Company proposes to extend the new slips to the U. S.
Project Line as allowed by Section 23J of the Harbor Permit Policies.
The Council previously approved such an extension forthe portion of
the Lido Village Marina easterly of 'this location.
R. E. REED, DIRECTOR
D. Harshbar 7er, Captain
Marine Safety Department
DH:lf
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES, CALIFORNIA 90053
SPLCO-N 16 December 1975
Mr. Donald M. Koll
1901 Dove Street
Newport Beach, California 92660
Dear Mr, Koll:
Reference is made to your request of 10 November 1975 (75-267), to
amend Permit No. 74-159 which authorized you to remove existing docks
and install fourteen (14) new floats in front of Lots 1121 through
1125, in Newport Bay, Pacific Ocean, at Tract 907, Newport Beach,
Orange County, California. 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 extend the commencement date to
31 December 1976, and the completion date to 31 December 1978. The
conditions of the permit remain in full force and effect.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
JOHN V. FOLEY
COL, CE
District Engineer
4,P
4 CIO,
M
-11b
SPLCO-N 16 December 1975
Mr. Donald M. Koll
CF:
U.S ' . Department of Commerce, N.O.A.A.
National Marine Fisheries Service
Southwest Region
300 South Ferry Street, Room 2016
Terminal Island, CA. 90731
U.S. Department of the Interior
U.S. Fish & Wildlife Service
Division of River Basin Studies
Federal Bldg., 24000 Avila Road
Laguna Niguel, CA 92677
Environmental Protection Agency
Region IX
ATTN: Permits Branch
100 California Street
San Francisco, CA 94111
California, Department of Fish & Game
-ATTN: �Environmental Services Supervisor
Marine Resources Region
350 Golden Shore
Long Beach, CA 90802
Resources Agency of California
Resources Building, Room 1311
1416 Ninth Street
Sacramento, CA 95814
City of Newport Beach
(Marine Safety Department)
70 Newport Pier
Newport Beach, CA 92660
Commander
llth Coast Guard District (oan)
19 Pine Avenue
Long Beach, CA 90802
I
U101111 I
January 10, 1978
City of Newport Beach
Marine Department
70 Newport Pier
Newport Beach, CA 92663
Attention: Mr. Glen E. Welden
RE: Extension of Permit to
Rebuild Docks
Dear Mr. Welden:
Confirming our conversation this morning, the owners of Lido Village
request an extensionof the permit to rebuild the docks at Lido Village
through December 31, 1979to coincide with the U,S. Army Corps of
Engineers' extension.
Please advise us of your decision on this request or call if you
needany further information.
Yours truly,
LIDO VILLAG CENTER
ean Van Bergen
General Manager
JVB:so
MAI
c.c. Paul E. Carlson -JAJV 3' 197
8A.
Acl,
F
3475VIA OPORTO -SUITE205- NEWPORT BEACH, CA92663 -(714) 675-8662
MARINE DEPART MENT
January 23, 1978 ITEM NO.: G-3
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT: REQUEST BY LIDO VILLAGE FOR AN EXTENSION OF TIME ON
HARBOR PERMIT #124-3440
Recommendati on
If desired, approve the extension of time for a two year period.
Discussion
Lido Village has obtained a Harbor Permit to reconstruct the floats bayward
of the Warehouse Restaurant but have not completed the work within the two
year time period specified in Section 8 Paragraph A of the Harbor Permit
Policies which states:
"The time limit for the completion of.all work authorized by a permit
shall be two years from date of approval."
A letter from the applicant requesting the extension of -time is attached.
The U. S. Army Corps of Engineers has granted an extension of time for.
their permit.
D. HARSHBARGER, DIRECTOR
MARINE DEPARTMENT
Glen E. Welden
Tidelands Administrator
.GEW:ll
ic
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1-7D,
SO,�)NOUVGS :'Xf1(,VSs�.- IN
Oc. T I s (31-1_0:";
GAX-nf-�-;,
6-60
P7— ---------
iy�
Oas 112,11 a.3
'nor"(
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avk
CITY OF NEWPOPf-SEACM,
HARBORT PERP. IT
-7J
CONSTM�C
I -A
PERMISSION iS HERESY Gpp,%N—, lDN-,�TrW A IN D.
C, CT
MAINTAIIN, THE FACPU-ni
AT THE SPY'
AP
THE HARBOR PE'�'R��157
ANY SPAE'C",'At-
Is NCT
T-1-wE
�ez of n.
Ar—D P-9 P'Nll�,Hllt n�IAI�,� �Z', -'av, �i� Z,�t` '4E""'
IN ACCOZ.1'4AIRVE VVITH jj C F '�2 3 �V�;UICZ�PAL t�00S-
/,)- 11-:2 4-4c
PERMIT NO.
CITY HAROOR COORDiNATOR
DATE
DATE .....
SEE AT IF ET
SIFOMIAL CONDITS-ONS:
ccw�ps ef Eng.Eneers Permit 1:2_-/4 -7Y"-
Orange County Permit
Glits" -S7C P-7-,--- �f
City of Newport Beach
3300 Newport Boulevard Newport Beach, California 92660
714/673-2110
May 7, 1974
Wells Fargo Realty Advisors
330 Washington Street
Marina del Rey, California 90291
Re: Harbor Permit Transfer
Gentlemen:
It is understood that as Lender for a portion of the Lido
Village Project, Wells Fargo will encumber certain bayfront
properties held by Donald M. Koll as well as the appurtenant
water,and pier rights.
This letter constitutes consent by the City of Newport 13each
to the transfer of the Harbor Permit received by Mr. Koll on
January 21, 1974, to Wells Fargo only in the event Wells
Fargo acquires the upland properties, waters and pier rights
as the result of a foreclosure. This consent to transfer is
conditioned on Wells Fargo paying the required transfer fee
at the time of foreclosure and its compliance with any and all
conditions of the existing permit and the Harbor Permit Pol-
icies as they exist on the date of transfer.
Very truly yours,
D. Harshbarger, Captain
Marine Safety Department
DH: lf
t e� f
-310
01,DAS-iAL ZONE 0�;;_-ISE"RVATiON1 colm"Als
x.;
.S"
'AL COMMISSION
f �_OAST REGION
6�65 E. OCEAN BOMEVARD, SUITE 3107
P. 0. BOX 1.450
to',.G BEACH, CALIFORNIA 90SOI
,213) 436-4201 (714) 846-064.3 RESOLUTION OF APPROVAL AND PERMIT
C
Application Number: P-3-6-74-2775
Name of Applicant.: Donald M. Koll
1901 Dove St., New port Beach, CA 92660
Permit Type: [E Standard
Emergency
-3 450 ---vi a- -.Oporto,;,- Ren, oirt-. Beach,
Devel-Up'Ment"' L(jbatibn
Remode'L existing restaurant and repair..
Development Description:
piers, boat slips and old boardwalk.
Co.=dssion Resolution:
I. The South Coast Conservation Commission finds that the proposed
development:
A. Will not have a substantial adverse environmental or ecolog-
icql effect.
B. Is consistent iN-ith the findings and declarations set forth
in Public Resources Code Sections 27001 and 27302.
D
E -
Is subject to the following othenresultant statutory pro-
visions and policies:
City of Newport Be�Lch ordinances.
Is consistent with the aforesaid other statutory provis3-ons
and policies.in that:
approval in- C�oncept has been �is-sued.-
The following language and/or drawings clarify and/or facil-
itate carrying out the intent of the South -Coast Regional
0
Zone Conservation Commission:
application, site map, plot plan and ap,2roval in concept.---
f a'gr c
and
of
ublic hearing held�on June 3, 1974
Whereas, at a p C�-
date)
Lon " Beach by a 9 to 0 vote here -
au 9
(location)
by approves the application for Permit Number P-3-6-74-2775
pursuant to the C@�_ifornia Coastal Zone,Conservation Act of
1972, subject to the following conditions imposed pursuant to
the Public Resources Codes Section 27403:
1. That the project graphics be consistent with staff Sign
Criteria. The permitto be issued after staff review -.of.
tectu -concepts..
arch�i * ' ra1elevations and graphic.
3_a_l and bind all future
said terms and conditions shall be perpetu
owners and Dossessors of the property.or any part thereof uniess
otherwise specified herein.
TV. The grant ofthis permit is further made subject to -the following:
A. That this.permit shall not become effective ' until the attached
verification of permit has been returned to the South Coast tees
Regional Conservation Con -mission upon which copy -all perm -i - U
they have received a copy of the permit
have acknowledged thau
and understood its contents. Said acknowledgment should be
returned within ten working days -following issuance of this
permit.
B That said dev I elop . ment is to be commenced on or before 360
days from effective date of approval.
-2775
Therefore,:'said Permit (Standardl-9% No& P-3-6-74
�V.
is, hereby granted fo,r* the above described development only, sub
ject to the above conditions and subjact to all terms and pro-
visions of the Resolution of Approval by the South Coast Regional
Conservation Commission.
VI. Executed at* Lonp, Beach, California on behalf,of the� South, Coast
un 18 197 4
commissl on on-.- .,J e
Regional Cons,ervat-ion.
�Carp,_ �e r
Executive Director
"),': 7 ?,
t
H;g*rway, Room 232
CcrOrI4 "I Mar, Caiifforn;a 92625
August 28, 1974
-gineer
_,)s A; Aes D-Lstrict
OZ. 'En-ineers
L
6. i�,) x 2 7 7 1
A.os Az,ales, Ca. 90053
Atzent-Lon; Waterways Control Branch
lfi,e Department of the Interior has reviewed the project plans advertised
by -.he public notices on the following list. No significant adverse ef-
-fects on Fish and Wildlife, their habitats, or human uses thereof are expect-
ed to result- from the proposed work or activity. Nor do the plans offer any
..r�_ct-cab'le opportunity to restore or improve such resources or their uses.
the Department has no object.Lon from the standpoint of fish &nd
to the issuance of permits related to these notices. However, we
rese:.�'a the right to make comments should the permitted activities result ir,
'oreseen environmental damaaes.
No./Date
74-178
Au'u.0 1974
74-167/8 Aug., 1974
74-17i/8 Aug., 1974
Water body
Los Angeles Harbor
Newport Bay
Newport Bay
Pacific Ocean
. 'Applicant
L. A. County Flood Coritrol
Mr. D. M. Ko 11
Mr. C. Fishback
City of Newport Beach
74-172/8 Aug.,
1974
Promontory
Bay
Mrs.
S.
L. Burstein
74-i22/20 Aug.,
1974
Promontory
Bay
Mr.
M.
Burton
gr
Very truly yours,
Merrill S. Zsc'-,?omler
Field Supervisor
cc. Reg. Supervisor, RBS, Portland, Or.
Dir. CIDFG, Sacramento, Ca.
Reg. Mgr., Reg. 5, CDFG, Long Beach, Ca.
Reg. Dir., NMFS, Terminal Island, Ca.
Reg. Admin., EPA, San Francisco, Ca.
Ap- plicant
V .
STATE OF CALIFORNIA—RESOURCES AGENCY RONALD REAGAN, Cover—
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD -
SANTA ANA REGION
6833 INDIANA AVENUE, SUITE I
RIVERSIDE, CALIFORNIA 92506
PHONE: (714) 684-9330
July 8, 1974
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 9266o
ATTENTION: Glen Welden
Affairs Aid
SUBJECT: Proposed Marina Construction
T -J do Village Marina II
This is to acknowledge receipt of the maps and the "no overnight
occupancy4l statement regarding the subject marina. Due to the size
of this installation we are requesting that a pump out facility be
provided at this facility. We will withhold our clearance until a
satisfactory reply is received.
If there is any question regarding this matter please contact this
office.
Stephen D. Herrera
Staff Engineer
cc: SWRCB
Army Corps of Engineers
SDH/mae
DON KOLL COMPANY, INC.
July 19, 1974
City of Newport Beach
Marine Safety Department
70 Newport Pier
Newport Beach, California 92660
Attention: Glen Weldon
Gentlemen:
I have enclosed a copy of the revised drawing of the
proposed
marina remodeling in front of Berkshires' Restaurant
and the
Rohrs property. I also sent several copies to Ted Yee at the
Corps of Engineers. Hopefully this will satisfy him
so that
he can complete his staff report. If you hear from him regard-
ing anything else he might need please let me know.
Thanks for
your time and help with this matter.
Very truly yours,
DON KOLL COMPANY
A
John C. Petry
Assistant Counsel
JCP/mc
Enclosure
1901 DOVE STREET -NEWPORT BEACH -CALIFORNIA 92660- (714)833-3030
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES, CALIFORNIA 90053
Public Notice No. 74-159
1 August 1974
YOU ARE INVITED TO COMMENT ON THIS APPLICATION FOR A PERMIT
APPLICANT: Mr. Donald M. Koll
1901 Dove Street
Newport Beach, California 92660
ACTIVITY: Proposed removal of existing docks and installation of
fourteen (14) new floats in front of Lots 1121 through 1125, Tract 907,
City of Newport Beach, Orange County, California, as shown on -the
drawing accompanying this notice.
PURPOSE AND USE:. To provide larger docking facilities for the commercial
marina.
FEDERAL, STATE AND LOCAL AUTHORIZATIONS: Approved by the City of Newport
Beach; and Application No. P-2775 filed with the California Coastal Zone
Conservation Commission - South Coast Region.
ENVIRPNMENTAL IMPACT: This office does not intend to prepare an Environmental
Impact.Statement on this activity unless significant detrimental effects
are brought to our attention.
CRITERIA: Your written comments or objections should include the number
and date of this notice and must reach this office within thirty (30)
calendar days. The decision whether to issue a permit will be based
on an evaluation of the probable impact of the activity on the public
interest. That decision will reflect the national concern for both
protection and utilization of important resources. The benefit which
reasonably may be expected to accrue from the activity must be balanced
against its reasonably -fore�s-e-eabl-e- -d-et-riments. All fa-ctor_s,-_w_h_i_ch_ may ---
be relevant to the activity will be considered; among those are conservation,
economics, aesthetics, general environmental concerns, historic values,
fish and wildlife values, flood damage prevention, land use classification,
navigation, recreation, water supply, water quality, and, in general,
the needs and welfare of the people. Details of changed conditions
on the final permit action will be provided upon request.
FOP, THE DISTRICT ENGINEER:
ROBERT H.REINEN
LTC, CE
Deputy District Engineer
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Chief, Ovostrmtlloft-
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Cy Furn:
LCity of Newport Beach
3300 Newport Blvd.
Newport Beach, California 92660
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MARINE SAFETY DEPARTMENT
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DEPARTMENT OF THE ARMY
1914 E E R S
co -,PS OF ENG
LOS P�NGELES DIST-RiCT,
p. 0, BOX 2711
A"
4 Z
LOS ANGELES, CA
21 Dece-mber 1977
SPLCO-N
Mr. Donald M. KoIll
1901 Dove street
Newport Beach, California 92660
Dear Mr. Koll:
(78-53), to amiend.
Refere.ace is Tpade to yot,,r request of 6 December 1977
Permit No. 76-222 which authorized you to extend the co=encP ent date
to 31 Dc-ce-Zvf)er 1-977, and the completionn. date to 31 Dece-mber 1-979. Upon
the recomendation of the Chief of Engineers and under the provisions
of Sectjon 10 of the River and Harbor Act of March 3, 1899 (33 U.S.C.
L
403), you are hereby authorized by the Secretar of the Army to extend
I y
the coitmencement date to 31 December 19118. The completion date r am a i ns
at 31 December 1979. The conditions of the per-fillit remai-,n. in fu'l force
L
and effect.
BY AUTHORITY OF THE SECRETARY OF THE ARKi`
HUGH G. ROBI'j\ISON
Colonel, CE
District En-ineer
21 December 1977
SPLCO-N
Mr. Donald M. Koll
CF: mmerce, N.O.A.A.
U.S. Department of -0
National Marine Fisheries Service
Southwest Region
300 South Ferry Street, Room-, 2016
Terminal Island, CA 010731
�U.S. Department of the Interior
U.S. Fish & wildlife Service
Division of River Basin Studies
Federal Bldg., 24000 Avila Road
Laguna Niguel, CA 92677.
Environmental Protection Agency
Region IX
ATTN: Permits Branch
100 C alifornia, Street
San Francisco, CA 94111
California Department of Fish & Game
Supervisor
ATTN: Environmental Services
Marine Resources Region
350 Golden Shore
Long Beach, CA 90802
Resources Agency of California
Resources Building, Room 1-311
1416 Ninth Street
Sacramento, CA 95814
City of Newport Beach
Marine Safety Department
ATTN: Glen Weldon
70 Pier
92660
�ewport Beach, California
C I T Y OF NEWPORT BEACH
COUNCILMEN
-P
<( . - 'P
on! i rAl 1� January 25, 1978
MINUTES
INDEX
3. A report was presented from the Marine Department
arbor
regarding a request by Lido Village for an
0�ermit
extension of time of a Harbor Permit issued for
604F)
3440 Via Oporto.
Motion
x
The request for an extension of time was approved
Ayes
x
x
x
x
x
X
x
for a two-year period.
4. A letter from Joan M. Carlton resigning from the
Com Dev
Community Development Citizens Advisory Committee
CAC
was presented.
(2127)
(District 1) Councilman Rogers' appointm ent of
Dorothy Beek as a member of the Community Develop-
ment Citizens Advisory Committee to replace Joan
Motion
x
M. Carlton for a one-year term ending December 31,
Ayes
x
x
x
x
x
x
x
1978, was confirmed.
CONSENT CALENDAR:
Motion
x
The following actions were approved by one motion
Ayes
X
x
x
x
X
X
X
affirming the actions on the Consent Calendar:
1. The following resolutions were adopted:
(a) Removed from the Consent Calendar.
(b) Resolution No. 9266 authorizing the Mayor
Comm Sys
and City Clerk to execute Amendment No. 1 to
R-9266
License Agreement between the City and The
(805)
Irvine Company in connection with space for
police radio.antenna and transmitting
equipment. (A report from the City Attorney)
(c) Resolution No. 9267 authorizing the Mayor
//tifeguard
and City Clerk to execute a Lifeguard
Services
Services Agreement between the City and
R-9267
Orange County Harbors, Beaches and Parks
District. (A report from the Marine Department)
(d) Resolution No. 9268 approving a Subdivision
Resub 564
Agreement and authorizing the Mayor and City
R-9268
(2851)
Clerk1to execute same in connection with
Resubdivision No. 564 (westerly side of 19th
Street opposite Vilelle Place). (A report
from the Public Works Department)
(e) Resolution No. 9269 approving the Parcel Map
Resub 564
for Resubdivision No. 564 and accepting the
R-9269
offer of dedication of an easement for sewer
(2851)
purposes.
2. The following communications were referred as
indicated:
4 /
January 19, 1978
Lido Village
/7' 17 ig's,
077-5' 6 7
TAAC7
3336 Via Lido
7 Newport Beach, CA 92663
(Apartments)
C
NI,
077-5' 6 7
TAAC7
3336 Via Lido
7 Newport Beach, CA 92663
(Apartments)
C
TELEPHONED
o7
PLEASE CALL
RETURNED YOUR CALL
WILL CALL AGAIN
CAME IN TO SEEIYOU
URGENT
DATE -TIME
FOR
1&-�)
WHILE YOU WERE OUT
m 0-"L ���
0 OF -
PHONE Nk �6 V,
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TELEPHONED
PLEASE CALL
RETURNED YOUR CALL
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URGENT
By :: ;
C(,-�
1-17 . .41 ----------
a. 3. KSuey
=6 Via Lido
Newport Beach# CA, 92663
James D* 90060kor
Plmning Director
3300 Newport Blvd,,
Newport bewho CA. 92663
01, M-1
cot Nexine Division
13300 Newport Blvd.
Newport Beaaht cA. 92663
CITY OF NEWPORT BEACH
January 19, 1978
Mr. Louis B. Robman
10880 Wilshire Blvd. #1114
Los Angeles, CA 90024
Dear Mr. Robman:
Your inquiry about the possibility of establishing a hair solon on
a 40 foot trawler moored bayward of the Warehouse has been discussed
with the Assistant Director of the Community Development Department.
A determination was made that a Use Permit as provided in Title 20
of the City's Municipal Code is riot required for this type of opera-
tion. .
In as much as the business would be conducted on the waters of Newport
Harbor, a Commercial Activities Harbor Permit woul&be required under
Title 17 of the Code.
The parking requirements were considered during the:discussion about
the proposed hair solon. The Community DevelopmentlDepartment Assistant
Director indicated that all of the parking spaces in the Lido Village
parking structure are presently committed and therefore would be
unavailable for your operation. One alternative for parking would
be to obtain a variance from the Planning Commission waiving the park-
ing requirements. However, the Community Development Department staff
would recommend against this action.
Another alternative would be to acquire parking spaces at another site
and then obtain an off-site parking agreement approval from the City
Council. The Community Development Department Assistant Director
indicated that a recent study of parking in this vicinity revealed
that parking spaces for businesses is presently deficient. Therefore
an off-site parking agreement would probably not be granted.
Additionally, the uses of the waters of Newport Harbor was discussed
and it was the consensus that a hair solon is not a marine oriented
activity and therefore may not be a proper use of the waters under
the Tidelands Grant administered by the City.
CitV TA -1,111 - 011)1) NIOWI)Orf TR-
., 3A,
y 19, 1978
Page iwo
Louis B. Robman
I
Based upon the above factors, the City staff would recommend denial should
your client submit an application for a Commercial Activities Harbor Permit
for the purpose of establishing a hair solon on the waters of Newport Harbor.
Sincerely,,
Glen E. Welden
Tidelands Administrator
Marine Department
GEW: 11
0
TELEPHONED
PLEASE CALL HIM
RETURNED'YOUR CALL
WILL CALL AGAIN
CAME IN To SEE YOU
001,
TELEPHONED
PLEASE CALL HIM
RETURNED YOUR CALL
WILL CALL AGAIN
CAME IN TO SEE YOU
URGENT
By
ROMAN &RODEN
Attorneys at Low
United California Bank Building
Twentieth Floor
6255 Sunset Boulevard, Hollywood, California 90028
Telephone: [213] 461 3454
January 13, 1978
Mr. Glen Welden
Marine Department
3300 Newport Boulevard
Newport Beach, California 92660
Dear Mr. Welden:
NEW ADDRESS
ROBMAN & RODEN
410880 WILSHIRE BLVD. #1114
LOS ANGELES, CA. 90024
j6,�� (213) 475-96"
The services of this firm have been retained by Boatworks,
Inc. in connection with the establishment of a retail business
in the Newport Harbor area.
You will recall our telephone conversation of this date wherein
you indicated that a determination between the applicability
of the jurisdiction of the permit regulations contained in
Section 17.41.020 versus the applicability of the "Use" permit
provisions contained in Title 20 of the Code would have to
be made prior to the submission of any application.
Would you kindly discuss this matter with the appropriate
people in the Planning Department so that we may be advised
of the manner in which we should proceed.
In order to aid your determination at this initial phase, I
offer the following data concerning our project.
Boatworks, Inc. plans to purchase a new 40 foot "trawler" type
vessel and have this vessel completely outfitted and configured
as a Hair Salon. The marine motif will be in evidence throughout.
Although the vessel will not have any engines or running gearsf
complete mock-up steering and electrical will be retained. The
purpose is to give emphasis to the nautical atmosphere.
The vessel will be permanently docked --not sunk. The proposed
location of the vessel is currently being considered. At this
time most promising negotiations have been transpiring with
the Warehouse. We feel, at this time, that it is highly likely
that the appropriate arrangements with the Warehouse can be
reached whereby the vessel will be permanently docked at one
of their private docking facilities.
The vessel will contain waste tanks so that it will not have any
effect upon the marine environment with regard to sewage or
any waste byproducts.
Mr. Glen Welden
January.13, 1978
Page 2
The configuration of the vessel provides for the use of
7 haircutting stations. The hours of business activity are
from 9:00 a.m. until 8:00 p.m. six days per week, with Sunday
being dark.' The price schedule and type of hair -styling service
that will be provided will appeal only to those of the higher
socio-economic group. Based upon limited facilities and the
type of service that will be provided, we have concluded that
this will be a "low density" project. We anticipate that
parking will be available either at the Lido Village parking
area or the area of public parking adjacent to the Warehouse.
Further, it is projected that at no time will there be Tiaore
than twenty cars present, including employees.
It is our belief that the type of clientele that is attracted to
a salon of this nature will also be of great benefit to the
other business activities in the immediate area.
Certainly the foregoing brief summary of the activities of
3oatworks, Inc. is merely a capsule. indicator of the breadth
of the operation. Indepth promotional material will be provided
for the use of the various agencies who will be involved in
the deliberations. However, it is hoped that this explanation
will afford you with enough material to enable an initial deter-
mination regarding the appropriate direction in which we must
proceed.
If any additional material is desired to aid your deliberation,
please do not hesitate to contact the undersigned.
Very truly yours,
ROBMAN & RODEN
By 0
Lb�s B.Robman
LBR: rk
LIDO MARINA VILIAGE
GROUND LEASE SUMMARY
LESSOR:
Eiichi Hirota acquired from David Schit.z (1989);
acquired from rZobert Glasser (1988)
LESSEE:
Koll, assigned to subsequent owner
DATE:
1 February, 1978
TERM:
15 Years to 31 January, 1993
OPTIONS:
Three (3) Ten (10) Year options requiring 60 days
written notice
COMMENCEMENT:
1 February, 1978
TAXES:
Lessee
ASSESSMENTS:
Lessee
UTILITIES:
Lessee
BASIC RENT:
$1.00 Annual/Janiiary
PERCENTAGE
RENT:
None
RENT CREDIT:
None
USAGE:
Pleasure boat marina no commercial boats can be
berthed there
ALTERATIONS:
No restrictions
LIABILITY:
Lessor held harmless
INSUPJkNCE:
Injury or death, one person $ 250,000
Injury or death, one accident $1,000,000
Property damage $ 100,000
Fire and extended Not discussed
LIENS:
Lessor held harmless
ASSIGNMENT OR
SUBLEASING:
Lessor consent needed, except for subletting individual
slips. See note.
OTHER:
(1). Lessee shall post and enforce rules requiring
that all users maintain their boats in good, attractive,
clean condition and prohibiting overnight occupancy
of boats except in emergency situations.
(2). Lessor to provide an easement for ingress
and egress to provide reasonable access across Lessor's
property from the public street to the boat docks.
(3). Improvements belong to Lessee at end of lease
term.
(4). Parcel number 423-123-11 located at; 3336
Via Lido.
Appendage 2.
Berthing Procedure Continued
The facility is the heaviest used marina in the harbor with the possible exception of the Pavilion. Lido
Village Marina has several commercial users including charter vessels, sailing clubs, yacht sales, gondola
operations, Bed & Breakfast (on yachts), and a Boat Show twice a year.
Sailing Clubs in the harbor generally stack (raft up) their club boats. The Marine Department in the past has
not taken issue with this practice. I believe the thinking here is that these are sailboats that are less likely to
be involved in a fire and enforcing the berthing regulations would possibly put these companies out of
business. The same is usually true for yacht sales. In the various locations in the harbor where there are
yacht sales, the sales company stacks up their inventory in the slips. The same reasoning applied here,
enforcement would have a severe impact on their ability to display boats.
One berthing violation is relative to Harbor Permit Policy 21. B. "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."
Electra Cruises has brought in a charter vessel that extends too far bayward. The charter operator currently
has an application to revise the slip to accommodate this vessel.
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P
T BEACH
CITY OF NEWPOR
F0
June 11, 1981
Karen Rothberg
Pass and Fainsbert
21515 Hawthorne, Suite 840
Torrance, CA 90503
RE: Lido Village Marina
Dear Ms. Rothberg:
Before the City of Newport Beach can transfer the harbor permit
for the above referenced facility, the following must occur:
1. The buyer must provide the Newport Beach Marine Department
some proof of the buyer's ownership interest in the abutting
uplands.
2. The electrical service to the docks must be brought up
to code.
3. The fire prevention equipment on the docks must be brought
up to code.
4. The buyer must demonstrate to the Marine Department the
Marina's compliance with sections 17, 18, and 19 of the
Harbor Permit Policies, which are attached for your
information.
i If I can be of help in this regard please call (714) 640-2156.
Sincerely,
Tony Melu
fi ZWR
cc: Susan Starr
Manager Lido Village Marina
3420 via Oporto, Suite 4
Newport Beach'. CA 92663
City Hall - 3300 Newport Boulevard, Newport Beach, Callf'Ornia 92663
C 7
"Ilk
IN
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\jiCINIT'I-i� Sk' TC�i
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�A Li;w-'
ION
C19,01, tjy
I c-� z
identific4tion
MUMIT NO._
Plaintiff F --j Defendant
Petitioner Respondent
E -I
3-3
Case No. q0—
LR -55&,P-
VS. Plaintiff
Defendant
Received for Ipentification
Date OW
Evidence
Filed & Mark d Exh b t in
Date—
LEE A. BRANCH, COUNTY CLERK
By
Deputy
tft F0162-529.1 (R3/80)
t-
4
wamom,ttli
4A& Wig Ar, *'oe
February 16, 1978
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Mr. Glen Weldon
Tidelands Administrator
Re: Transfer of Harbor Permit to
New Owner
L'PC
IV' rI V,
ARINE
FE,,, 17,978
N E V,P 0 �t T BIEAIV'��-�
-c-
BY MESSENGER
Dear Glen:
Attached is the transfer application card to transfer
harbor permit no. 124-3400 from Lido Village Center to
Lido Marina Village. We have also enclosed check no. 3004
for $150.00 and a dock layout to accompany the transfer
application.
Yours truly,
LIDO VILLA:GE C NTER
.. /ean Vij�i-- ergen
jvb
cc: Mr. P. E. Carlson
Ms. D. Hartford
Mr. R. Inch
3475VIA OPORTO - SUITE205- NEWPORT BEACH, CA92663 - (714) 675-8662
P
> CITY OF NEWPORT BEACH
-Z P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
/pog
September 18, 4
Newport Sailing Club
3432 via Oporto, Suite 204
Newport Beach, CA 92773
Dear Sirs:
Lido Marina Village ws notified on August 21, 19.89 that completion
of the proposed vessel pumpout station for the Lido Village charter
operation and sailing clubs must occur within 90 days. Failure to
comply would require the City to order all charter and sailing club
activities to cease until the pump was installed.
This notice is to confirm that the deadline faced by Lido Marina
Village is known to your company. The date of required compliance
is November 21, 1989.
If you have questions regarding this matter please all me at 673-
1761 or 644-3044.
Sincerely,
Wes Armand
Harbor Inspector
3300 Newport Boulevard, Newport Beach
C'ITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
August 21,
Rod Farley
LIdo Marina Village
3421 Via Oporto, Ste 200
Newport Beach, cA 92663-8662
Dear Rod:
Crystal has kept me informed as to the progress toward
starting construction of the pumpout facility at Lido
Marina Village. At present.you are waiting for U.S. Army
Enginner approval on your dredging plans.
. 44.The City should receive its own blanket permit soon. The
�P`City can issue you a permit after that time if you have not
heard from the ACOE.
The Marine Department understands the reasons for the
delay on this project. However, due to the time that
has elapsed past the deadline for these pumps to be
installed, and the number of charter boats boarding from
that location, it is necessary to establish a time frame
for completion. Once that time has elapsed, we must then
prohibit all charters from boarding or unloading passengers
at Lido Marina Village.
I am sure you realize the importance of consistency
through out the harbor in enforcing the City ordinance
regarding charter boarding locations.
Please be advised that the pumpout station,/�m'u be in
�place a ep
i �rtio�nalwithin 90 days of the date of this
ti
u 0
lett ."��Fai ure o do this will result in the cancellation
0 Chart e- Permits for vessels boarding at Lido Marina
Village.
Sincerely
Wes Armand
Harbor Inspector
MOO
ON THE WATER FRONT ... IN NEWPORT BEACH, CALIFORNIA
MANAGEMENT / LEASING OFFICE
3421 VIA OPORTO, SUITE 200, NEWPORT BEACH, CA 92663-6302 9 (714) 675-8662
June 26, i;
Wess Armand
City of Newport Beach
Marine Department
P.O. Box 1768
Newport Beach, CA 92663
RE: Pump -out Station at Lido Marina Village
Dear Wess:
As previously discussed, the final dock revision plans have been approved
by the City of Newport as of May 18, 1989.
Sand samples were taken and tested, please see attached. The test results
were then sent to the U.S. Army Corp of Engineers. As of today, we have
not received approval for the dredging.
As soon as the dredging plans are approved, the pump -out station will be
installed and opened to the public.
If you should have any questions please feel free to contact me.
Best regards,
Rod Farley
RF/Cdm
Professionally Managed by American Property Administrators, Inc
S.E.A. CONSTRUCTOR",
1200 Shellmaker Roak -
NEWPORT BEACH, CALIFORNIA 92660
I 'Zip,
(714) 640-0355
Date June 2, 1989
To Subject Grain size analysis
Lido Marina Village
3421 Via Oporto, Suite 200
Newport Beach, CA 92663-6302
Q
Attn: Michael Maher
rORM 180-2 Availab I e trom Im.. Gfoton, Mam 01471. TO Order PHONE TOLL FREE 1 + 800-225�6380
Ms/d
Respectfully submitted, H.
f C-
I IMAN AND LEE, INCORPORATED
NO. GE_51
EXPIRES,
David H. Lee
Geotechnical Engineer VOPECIA
OF CA
one copy submitted
Attachments: Plate 1 Grain size Summary
Plate 2 Cumulative Grain Size Distribution
23011 Moulton Parkway 0 Suite 1-4 0 Laguna Hills 0 CA 92653 0 (714] 561-5730
Grain Size Summary
LLEJMAN ANo LEE
N C a A P 0 A A T K 0
GEOTECHNICAL ENGINEERS
For: S.E.A. Constructors
GRAIN SIZE SUMMARY
t.,Project 89-30 May, 198
PLATE
% Material
Cumulative
opening
size
Sieve
Retained
Percent
(mm)
-------------- ------------------------------------------------------
Phi
Mesh
by Weight
Retained
Gravel 2.83
-1.5
7
7.2
7.2
2.00
-----------------------------------
10
: -------------------------------------
1.3
1.41
..-0.5
14
2.3
10.8
i.00
0.0
18
4.0
14.8
0.71
0.5
25
6.3
21.1
0.50
1.0
35
13.7
34.8.
Sand 0.35
1.5
45
17.8
52..6
0.25
2.0
60
19.1
71.7
0.177
2.5
80
11.2
82.9
0.125
3.0
120
5.7
88.6
0.088
�3.5
170
2.8
91.4
0.074
3.75
200
0.5
91.9
0.063
.4.0
230
0.2
92.1
-------------------------------------------
Silt-clay <0.074
------------------------------------------------------------------------
<3.75
<200
---------
8.1
----------------
100
8.5% Gravel
83.4%
Sand
8.1% Silt
-Clay
Sample provided
to Lejman and
Lee, Inc. in a
bulk bag by S'.E.A.
Constructors. Sample
consists
of
gray fine sand
with some seashell
fragments and was obtained
from 3421 Via Oporto,
Newport Beach, CA.
at a mudline elevation
of
-6.21 MLLW. The sample was recovered
utilizing a 311 diameter
Shelby
tube sampler yielding a core 2.511ongj
LLEJMAN ANo LEE
N C a A P 0 A A T K 0
GEOTECHNICAL ENGINEERS
For: S.E.A. Constructors
GRAIN SIZE SUMMARY
t.,Project 89-30 May, 198
PLATE
GRAVEL
E Ll
T
SAND
(01
1
11
11
1! �
so
11
.
.1
Ilk
Ill!
C so
11,11111
9A
F.
kA
IUM
70
fill
40
it
if
so
'If
0.6
10
0.1
0.06
:,If
i:l:
0
.0.01
0
SAND
(01
AVEL VERY
11,11111
9A
F.
kA
IUM
FINE
fill
if
'If
10
;if
:,If
i:l:
0
0
If!
hi
if;;
!.i
if I
;if
I.,
if
If
0
Jill
OfT
1:1
Hil
if
::!I
:if
..!I
PARTICLE DIAMETER IN PHI UNIT$
i j 0!, 0.126 6126 t3o& 61818
PARTICLE DIAMETER IN MILLIMETERS
Median - 1.4 fif 8.5 %Gravell
Mean - 1.4 8 3.4 %Sand
8.1 % Slit -Clay
Sample location: 3421 Via Oporto, Newport Beach, CA.
Mudline elev. -6.2' MLLW
-"N
LEJKAAN ANo LEE
N C 0 A P 0 R A T 9 0
GEOTECHNICAL ENGINEERS
For: S.EA. Constructors
CUMULATIVE GRAIN SIZE DISTRIBUTION
PHI UNITS
Project 89-30 May, 198
'OPLATE
2
I
C)
C)
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0
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P.
N
4J
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TO:
FROM:
SUBJECT:
Recommendation:
CITY OF NEWPORT BEACH
Marine Deprtment
MAYOR AND CITY COUNCIL
Marine Department
4
Agenda Item No. F-15 (a)
HARBOR PERMIT APPLICATION 124-3400
BY LIDO MARINA VILLAGE TO REVISE THEIR
COMMERCIAL DOCKS BAYWARD OF 3420 VIA OPORTO
If desired, approve the application subject to the following
conditions:
1. Approval of the California Coastal Commission
2. Approval of ths U.S. Army Corps of Engineers
3. Approval of Plans and Specifications by the City Public
Works Department
4. Approval of the firefighting equipment on the commercial docks
by the City of Newport Beach Fire Department
5. A sewage pumpout station must be installed and made available
to the public, andr
6. That vessels in the marina shall be berthed so that their
removal will not require the moving of adjacent vessels.
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 rquired
before issuing a permit for shore -connected structures when the
upland abutting property is zoned commercial".
The applicant proposes a reconstruction of a section of their
docks which has deteriorated and is in need of repair. As part of
the reconstruction, the applicant proposes the reconfiguration of
the docksin a more useable and efficient manner. They are also
requesting that the docks be allowed to extend to the project
line, which is the baywardmost location of allowable construction
in this particularlocation.
The applicant is installing a vessel pumpout system which will be
available to sailing clubs berthed at the marina, to any charter
operations operating out of the site, and to members of the
general public.
Tony M
Tidelands Administrator
C r Yo co- Nro o.9 r de.4 cl-I
000 5. F O�=
x 0,3, CA4jalAlIq-1 AP
*W.ipp
dic
C,
Coo*
"'all
VICIMITY SRETCH W" Jerry
Nf"Wit"'011fr ISAYt CAL WOMPOA b jerrr
5'0'/-01,,ngs ore f-xp.-Cvsed orwwl� o"Of otp'.0001-
(foot"'.3 below 'I'leon forwirr Zow k/oloildr.. +fcprl..UM
ro,*,?e 0/' liale 'Worhor. -"�Yes
9� 0 Q1.5r- are e2iobh"Shwol I"' Thi
a4x Bar.
z-- ColC. P14L-:57
PUMP
PRO.16CT L/A/L
77,'
- 14� A71co-VC-4D LMI
L-jL
Ll Lj L 11-11
Z., .4 7. .44--W - ----- t 4�
1126 1124 1123
Z-1Dc 111z-L'46L- ecr,5 11Z1 �'hrl) //257 7-,CACY- 907
!'Oj�t;Z CoAlrWA C ro AV
1,1L OA
CITY OF NEWPORT BEACH
Marine Department
May 11, 1987
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
Agenda Item No. F-14
SUBJECT: HARBOR PERMIT APPLICATION 124-3400 BY TRAWEEK
INVESTMENT CORPORATION TO REVISE THE COMMERCIAL
DOCKS BAYWARD OF 3420 VIA OPORTO
Recommendation:
If desired, approve the application subject to the following
conditions:
1., Approval of the Army Corps of Engineers.
2. Approval of the California Coastal Commission.
3. All plumbing and electrical work must be done under
permit from the City Building Department.
4. Plans and specifications for the docks must be approved
by the Public Works Department.
5. Fire prevention equipment must be approved by the City
Fire Department.
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 also be
required beforeAssuing a permit for shore -connected
structures when the abutting upland property is zoned
commercial".
The applicants wish to r
marina. At this. stage
approval as required for
decision as to what the
the applicant has subm
drawings "A" and "B",
evise one of their slips at the above
the applicant is asking for City Council
the revision, but has not made a definite
slip configuration will be. As a result,
itted two drawings which are attached;
showing the possible alternatives. The
alternatives are nearly th1)p0VEyeqy f-tT. nl(nLfflr h; the
T T
DAT�_L((-d62
uncertainty arises as a result of questions as to the length of
the vessel to be berthed there and the length. of the berthing
finger that will be needed. When the applicant makes the election
of which alternative he chooses, plans and specifications will be
submitted to the Public Works Department for approval.
The applicant has also indicated that with the revision to the
docks, he will be installing a vessel pumpout station to service
the large vessel that will be accomodated at this particular
�1�oca�ti n in the marina.
- 'An
Tony M4m��
Tidelands Administrator
David Harshbarger
Marine Director
I
x s
12,
4c
Alternative "A"
0
AGENDA -ITEM NO. F-22
CITY OF NEWPORT BEACH
Marine Department
October 22, 1984
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATION 124-3400 BY TRAWEEK WESTERN
TO REVISE THE COMMERCIAL DOCKS BAYWARD OF 3420
VIA OPORTO
Recommendation:
If desired, refer this application to the Tideland Affairs
Committee for review and report back.
niqrijqqinn-
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 also be required
before issuing a permit for shore -connected structures when
(3) the upland property is zoned commercial."
The applicant proposes a revision of the commercial docks for the
purpose of (1) refurbishing old docks in need of repair, and
(2) to reconfigure the docks for altered use of the water space.
(See attached "Proposed Use of Water Space"). A significant
portion of the new water space is to be used for "Character/Theme
Vessel berthing" and'"temporary moorage" of vessels. I ' n discussions
with the applicant, it appears,these spaces will be made available
to charter vessel operations.
The Tideland Affairs Committee is currently reviewing the ordinance
dealing with charter vessels, Municipal Code 17.41. The outcome of
this review could affect the recommendation and or conditions for
approval on this application. It was therefore felt appropriate to
suggest referral to the Tideland Affairs Committee of this application
to achieve consistency with the new proposed.9ses and the City's
Municipal Code Section 17.41.
David Harshbarger, Marine Director
4 1 yt- e�
Tony Melum, Tidelands Administrator
TM: db
Cl rye av- N4vpaer
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09-17-84
LIDO MARINA VILLAGE
CONCRETE DOCK CONVERSION
PROPOSED USE OF WATER SPACE
The -following is a tentative listing of marine operat ' ions and
uses proposed for the attached design layout. Inasmuch as the
proposed design offers great utility and flexibility, certain
slip configurations lend themselves to multiple marine applications.
Each multiple entry noted below has been prioritized with the most
desirable use listed first.
1. Character/Theme Vessel
Yacht Sales/Brokerage
Sailing Club/Boat Rental
2. Character/Theme Vessel
Yacht Sales/Brokerage
Sailing Club/Boat Rental
3. Yacht Sales/Brokerage
Sailing Club/Boat Rental
4. Sailing Club/Boat Rental
Yacht Sales/Brokerage
5. Sailing Club/Boat Rental
Yacht Sales/Brokerage
6. Sailing Club/Boat Rental
Yacht Sales/Brokerage
7. Medium to Large Vessel Temporary Moorage
8. Small to Medium Vessel Temporary Moorage
Cl nfo' oAr NArwAvoer &,e,4c,4-1 Ff,? 0 J5 C 7 TL =-
1) 00 0 40.g rorh
Oo
Ow, At
44P
C,
-11 C- -
0 0
jo
0 36 044
A VICIMITY SkETCH
NAivwposrr OAY, CAt isrommoA
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ro) 9, r 0 /' / V /,,�Ycs
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MARINE SAFETY DEPARTMENT
70 Newport Pier
April 8, 1974 ITEM NO.: H-16 (a).
TO: MAYOR AND CITY COUNCIL
FROM: Marine Safety Department
SUBJECT: HARBOR PERMIT APPLICATION #124-3440 BY DON XOLL COMPANY
TO REVISE EXISTING SLIP FLOATS BAYWARD OF 3440 VIA
OPORTO
Recommendation
If desired, approve the permit subject to:
1. Approval of the'U. S. Army Corps of Engineers.
2. Approval of the South Coast Regional Zone Conservation
Commission.
3. Proposals for the control of debris shall be submitted to
and approved by the Marine Safety Director prior to the
demolition and/or removal of the existing slips.
4. That a commercial fire protection system be installed in
accordance with plans approved by the Fire Department.
5. That any domestic water services and/or electrical service
revisions and new installations on the slips be installed
under a permit obtained from the Department of Community
Development. ,
6. That the proposed project comply with Sections 17, 18, and
19 of the Council's Harbor Permit Policies detailing the
parking requirements, safety requirements, and sanitary
requirements;.
7. That a sewer pump -out system be provided in accordance with
adopted City policies and/or ordinances.
8. That there shall be no live-aboards in the marina.
Discussion
1. The prior approval of the City Council is required on this
application because:
a. The proposed harbor permit application abuts upland property
that is zoned commercial.
Page Two
Item No.: H-16 (a)
b. More than one slip or float is requested bayward of a
single parcel.
C. The proposed slips will extend 201 channelward of the
'U. S. Pierhead Line.
NOTE: Section 23J (Page 11) of the Council's Harbor
Permit Policies states,"''U.' S. Bulkhead Sta.
'No. 122 to 125 - Piers or boat slips may be
�'ermitted to extend 20 feet channelward of the
.U. S. Pierhead Line".
(The project is within these identified bulkhead
tones.)
This harbor permit application is indirectly connected with the
Koll Company's Lido Village Marina redevelopment. While the
proposed configuration will reduce the total number of slips
available, needed mooring spaces for larger vessels are being
provided as a balance for the entire marina. The 23 existing
smaller mooring spaces will be removed and 14 new slips (91 long,
5' short) will be constructed as shown on the attached drawings.
The parking spaces required under the Harbor Permit Policies will
be provided in the new parking structure being built for "Lido
Village" by the Don Koll Company. Restrooms required under the
policies will be provided in the buildings adjacent to the new
slips.
The Koll Company proposes to extend the new slips to the U. S.
Project Line as allowed by Section 23J of the Harbor Permit Policies.
The Council previously approved such ' an extension for the portion of
the Lido Village Marina easterly of this location.
R. E. REED, DIRECTOR
D. Harshbar 7er, Captain
Marine Safety Department
DH:lf
ROLL CALL
CITY OF NfE.WPORT L,;EACX
COUNCILMEN
0 0
"'0 o HNO-1
ip April 8, 1974
mance Bonds and to release the Labor and Materials
Bonds in six months provided no claims have been
filed. (A report from the Public Works Director was
presented.
10. The work on the Plumbing Fixtures in Beachfront I Beac1i
Public Restrooms, Contract No. 1468, was approved, I Front
and the City Clerk was authorized to file a Notice of Re St r 0') C'
Completion and to release the bonds 35 days after the 1. Pluirr-'oin.'
ort from
Notice of Completion has been filed. (A rep
the Public Works Director was presented.)
11. The public improvements constructed on the westerly Avoca(.,-,
half of the portion of Avocado Avenue extending from Ave T rr,
San Joaquin Hills Road to Farallon Drive in Newport
Center were accepted. (A report from the Public
Works Director was presented.
12. The staff was authorized to retain an appraiser to B a _11b o
determine the fair market value of the property at Blvd
3410-20 Balboa Boulevard. (A report from the Public W-Ideni
Works Director was presented.
-ia rbu
13. ��he following Harbor Permits were approved, subject I
1"le rm
the prior approval of the U.S. Army Corps of
Engineers and to the conditions recommended by
staff:
Application of Don Koll Company to revise Harbor Koll
removal of 24
Permit No. 124-3440 to allow the
existing slips and construction of 14 new larger slips
in connection with the Lido Village Marina. (A
report from the Marine Safety Department was pre-
sented.)
Application of Orange Coast College District to revise
Harbor. Permit No. lzg-1801 to allow the addition of
a 20' x 37' landing area to the existing facility and
three slips - (A report from the Marine Safety Depart-
ment was presented.)
14. The following Budget Amendment was approved:
BA -55, $16,500 transfer of Budget Appropriations for
remodeling of the multi-purpose room for use as
computer room ($15, 000) aylid 01
for now"C"itv Council
0 r ar, P_ e
Coast
Colle�zk:�
D i st
MAR1NE SAFETY DEPARTMENT
70 N(;!wport. P*
January 28, 1974
MAYOR Pti4D CITY COUNCIL
FROM: Marine Safety Department
6 U 13 J ECT HARBOR P-rlZMIT APPLICATION 11124-3400 BY DON KOLL Co.
TO REVISE AN EXISTING PERMIT TO INCLUDE A 71 WIDE
PILE SUPPORTED WOOD WALK BAYWARD OF THE BULKHEAD
LINE AT IMPERIAL SAVINGS AND LOAN.
Ile c. o ru-,i o. n d a t i on
If desired, approve the application subject to I the approval oE tile
U. 13. Arriiv Corps af- Enaineers, and the South Coast Regional Zone
Conservatioil C01,unission and follo,.%,ing special conditions:
1. That the walkway be open to the public
2. Th I at "lie structure be maintained by the permittee
Discussion
This ipplication rniuires City Council approval under Sectiori 5
paragraph 8 and c--3 of tile City's Harbor Permit Policies which
state:
D. Prior appr-)val of the C.,Lty Council will be required
�)Qfore the Marine Safety Departmenkt may issue any
permit t'iat does not conform to the Standard Harbor
Drawings and the adopted Harbor Permit Polici.es."
11C Prior approval of tile Ci�y Counril will also be required
bE'f0i:e issuing a permit for shore-connecteJ structures
%.I! I en
3. ',"lle obuttinq upiand property is zoned commercial."
T110 Don Koll C()JT!,%)�111�1 wishes to construct the subject board walk to
provick! a Southey.l.,11 k-�Xtension to a 61 wide walkway easement north2r.l.y
of lj!iperial Savin(: -,s il;id Loan as ';flown on the attached drawing. Th i F,
was rec1uir(?,..J a condition of app'
roval on the Koll Compan�,'s
origina.", harbor por�nxt approved bYthe City Ct.),.incil on May 29, 197.31*
and the Planning Corw;lissionls 'jsc- Pr!rmit 4163o approved December 14,
1.972.
11 1 1
Page 2.
"lie Marine Safety C,--�partnient ,-caff has conferred with the Communit�f
Dc-.!velopment Department on this application and it is felt that this
boardwalk is a logical extension of the public easement required by
the prior actions of the City Council and Planning Commission. The
p-roposed boardwdlk wi 11 be similir in nature to that designed for
'line Wharf Pa-�x,. giving the public additional access to tile
t�.e R,
tidelands. The reas-)n the walk cannot be built landward of the bulk-
head line at this 1ccation is that the Imperial Sav - ngs & Loan Buile-
ing was constructed witn liTaited bulkhead line setb;ck.
The headwalk of tile float structure approved on May 29, 1973, will
be modified, as shown on the attached drawing, to accomodate the
piling for the boardwalk.
17. L. REFID, DIRECTOR
1). Harshbarger, Captain
le Safety Department
Harij
DH:GE'tl:lf
Attachments
V
COLONIAL
P.O. Box 433
Glendale, CA 91209-0433
(818) 500-1633
City of Newport Beadi Escrow No. 1-6474
3300 Newport Blvd.
P.O. Box 1768 Date March 30, 1989
Newport Beach, CA 92658-8915
Attn: TIDELANDS ADMINISTRATOR
RE: 3336 Via Lido, Newport Beach
Enclosed please find check for $260.00 and application/card for name change.
Please process as soon as possible. Escrow recorded March 23, 1989.
If you need anything further, please contact the undersigned.
Very truly yours,
appal so
ay
Escrow off' r
CE -26
P101
0
r)
March 20, 1989
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
David N. Schultz, Inc.
715 N. Central Avenue
Suite 300
Glendale, CA 91203
Sirs:
The City of Newport Beach has received an application to transfer
Pier Permit 0124-3336 for the property located at 3336 via Lido,
Newport Beach.
The structure was inspected on March 14 1989, at which time it
was determined that it conforms to the City Standards.
Upon receipt of the $260.00 transfer fee and the completed and
signed transfer forms, this pier permit will be transferred as
requested.
Sincerely,
. "'po 4�
AP�
Tony- 1�
Tidelands Administrator
3300 Newport Boulevard, Newport Beach
2. Plumbing:_��
mnn",
January 19, 1978
Lido Village
/76 17'
17:2
cz,
.�2
0 77-5- 4, 7
Via Lido
Newport Beach, CA 92663
(Apartments)
TiME-
FOR
WHILE YOU WERE OUT
OF../ o?- Vr— -3 3 3 6
�3 3 Z3 4 tt--d�
PHONE No. EXT.
TELEPHONED
PLEASE CALL
RETURNED YOUR CALL
WILL CALL AGAIN
L
TURGENT
CAME IN TO SEE YOU
MESSAGE—AL . A-& L1714,1-1
v
4-IL4. v
-7
e, �Y
,,eo
f
6
May 27, 19,:8—,8 --
Mr. Robert L. Wynn
City Manager
City Hall
3300 Newport Boulevard
Newport Beach, CA
92663
Dear Mr. Wynn,
I am writing to you to complaint about the practice conducted by
Winword Sailing Club owned by Mr. John Walters and located at
3400 Via Oporto
Newport Beach, CA
92663
(714) 675-9060
As you may know, this club is in the business of renting sailing
boats. Every Friday, the owner runs the majority of his boats, still
docked, almost all day long. I have tried on numerous occasions to
reason with Mr. Walters that such practice is creating a tremendous
amount of noise, air pollution, and water pollution. His answer has
been that he needs to test the engine of his boats before they go
out. He has been doing it for 10 years, and he will continue to do so
for the next 10 years. He also said that he is paying a high rent,
that this is a commercial area, and that he will run his business as
he pleases.
I found that Mr. Walter's attitude not just unreasonable but arrogant,
selfish, and insensitive to the needs of the residents in this area.
While I certainly acknowledge Mr. Walter's rights to conduct business,
I find it hard to believe that he can do so by disturbing the peace,
creating all this noise, and causing all this annoying pollution.
If there are any regulations concerning this matter, I would
appreciate if your office enforce the rules so that nobody's rights
are infringed.
. - V
I thank you for your assistance. Your prompt response would be
greatly appreciated.
Si ncer e I y
Dr. David Saad
3336 Via Lido, Apt. B
Newport Beach, CA
92663
(714) 723-0978
cc. Arb Campbell - Chief of Police
David Harshbarger - Marine Director
Donald Strauss - Councilman
BUYERS' NAMEiS)
ADDRESS OF FACILITY: PERMIT #
MAI'l;,ING ADDRE-S
TELEPHONE NO.
FEE
CHECK NO.
-4j
lvii - �i4c�; -lc� 1,
BY: DATE
8 )R PERM
APPLICATION IS HEREBY MADE TO TRANSFER HAR C IT
irt �iivwomxl-r s'; dam 2"avid a, u
OCHD
R A I fiMSty
ENG
(ABOVE NAMES TO BE,,TYPED)
COUNCIL�. Fl
PUBLIC WORKS F]
SIGNATURE. OF,SELL�M siGHATU E'QP BUYER,,'
�'PEPT.
OF, SELLER. BUVFR:,
SIGNATURE 0
,SIGNATURE
El
INSPECTION
SIGNATURE OF JOINT OWNER
[7�
APPOCATION APPROVED (DATE),
CITY HARBOR COORDINATOR
SPECIAL CONDITIONst THIS PERMIT IS REVOCABLE
BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE
OF THE MUNICIPAL CODE.
CITY OF NEWPORT BEACH, CALIF. WX FORM 64-1013 REV.
PO
0 "ITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
April 4, 1988
David Schultz
715 North Central Avenue
-Suit e 300
Glendale, CA, CA 91203
Dear 'Sir:
.A check of -the City Harbor Permit files has shown that the permit
for the pier and float at 3366 Via Lido
Newport Beach, is registered to Traweek Investment, -Co.
A transfer application must.be completed and a transfer fee paid
each time the permit has changed ownership.
Chapter 17.24.030 of the Municipal Code addresses the transfer of
a pier permit and rpads as follows:
"No person shall transfer a permit for a pier, float or
similar structure granted under the provisions of this
chapter without prior written approval of the City."
Failure to pay the transfer fees can be grounds for revocation of
the Harbor Permit in accordance with Chapter 17.24.090 of the
Municipal Code.
Your cooperation in bringing this permit up to date will avoid
any acl_4,on by the City.
Yours truly,
Tony Me m
Tidelands driii n i s trator
Telephone: 714-644-3044
TM:db
DAVID X SCHULTZ
INCORPORATED
REAL ESTATE INVESTMENTS - PROPERTY MANAGEMENT
715 North Central Avenue, Suite 300 - Glendale, California 91203 - (818) 240-1070
April 15, T-'§bY
Mr. Frank T. Suryan ' Jr.
Executive Vice President
Trawee-k Western
P. 0. Box '0348-9266-1
Orange, California 92668
Dear Mr. Sury,--m:
Pleased find tlie enclosed letter and form from the City of Iiewport Beach
stating that a transfer application must be completed and a transfer
fee paid
regarding the pier and float at 3366 Via Lido.
Inasmuch as you are the leasee and sole user, we consider this your
responsibility to complete.
Thank you for your assistance in this matter.
Sincerely,
David N. S6nultz
Presideryt
&'nclosures
,/ny Me! um
kN1 ACCRED11M MANAGEMENT ORGANIWION@
PO
0
CITY OF NEWPORT BEACH
U P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
C110
April 4, 1988
David Schultz
715 North Central Avenue
-Suit e 300
Glendale, CA, CA 91203
Dear -Sir:
A check of,the City Harbor Permit files has shown that the permit
for the pier and float at 3366 Via Lido
Newport Beach, is registered to Traweek Investment, Co.
A transfer application must.be completed and a transfer fee paid
each time the permit has changed ownership.
Chap ter 17.24.030 - of the Municipal Code addresses the transfer of
a pier permit and rpads as follows:
"No person shall transfer a permit for a pier, float or
similar structure granted under the provisions of this
chapter without prior written approval of the City."
Failure to pay the transfer fees can be grounds for revocation of
the Harbor Permit in accordance with Chapter 17.24.090 of the
Municipal Code.
Your cooperation in bringing this permit up to date will avoid
an_%., action kv the City.
Yours truly,
Tony Me m
I
Tidelands dministrator
Telephone: 714-644-3044
TM:db
3300 Newport Boulevard, Newport Beach
TRANSFER OF PERMIT INSTRUCTIONS
Submit application in quadruplicate on cards provided by the
Tidelands Administrator. . DO NOT REMOVE CARBON FROM CARD SETS.
Complete the following information on cards:
a. Name: Name of new owner
b. Address: Street address of facility
C. Mailing address of new owner
d. Telephone number of new owner
e. Fee: $250.00
f. Application portion:
(1) F.ill-in permit number if known. If not known, leave
blank and the number will be supplied by the Marine
Department.
(2) Type or print names of sellers and buyers.
(3) Obtain signatures -of: sellers, buyers and -joint owner,
if appropriate.
2. When approved, the applicant will receive a copy of the appli-
cation signed by the Tidelands Administrator. Any special con-
ditions pertaining to the facility will be listed on the card
and the dates or previously issued permits or approvals by
other agencies will be indicated.
3. If the new owner desires a copy of the drawing of the facility,
he may purchase one from the iidelands Administrator for $1.00.
CITY OF NEWPORT BEACH
Marine Department
TO: ROBERT BURNHAM, CITY ATTORNEY
FROM: Marine Department
SUBJECT':!:. ROBERT GLASSER/PIERS AND DOCKS BAYWARD OF
3366 VIA LIDO
.After receiving your memorandum of Jan-ary 13, 1988,�
I contacted David Mosher of Traweek Investments, regarding
the current owner of --the property at 3366 via Lido.
David Mosher contacted their home office and their
records indicate that the upland property owner now is
David N. Schultz
715 North Central Avenue
Suite 300
Telephone 818-240-1070
Mr. Mosher said that his records indicate that David Schultz
acquired the property from Mr. Glasser on 12/19/86.
Based on the above information, we are proceeding to contact
Mr. Schultz and require that he complete the necessary forms
to transfer the pier permit from Mr. Glasser into Mr. Schultz's
name.
If you have questions regarding the above, give me a call.
Tony M um
CITY OF NEWPORT BEACH
Marine Department
January 15, 1988
TO: ROBERT BURNHAM, CITY ATTORNEY
FROM: Marine Department
SUBJECT`�: ROBERT GLASSER/PIERS AND DOCKS BAYWARD OF
3366 VIA LIDO
After receiving your memorandum of January 13, 1.988,
I contacted David Mosher of Traweek Investments, regarding
the current owner of --the property at 3366 via Lido.
David Mosher contacted their home office and their
records indicate that the upland property owner now is
David N. Schultz
715 North Central Avenue
Suite 300
...Glendale.- CA,91203
Telephone 818-240-1070
Mr. Mosher said that his records indicate that David Schultz
acquired the property from Mr. Glasser on 12/19/86.
Based on the above information, we are proceeding to contact
Mr. Schultz and require that he complete the necessary forms
to transfer the pier permit from Mr. Glasser into Mr. Schultz's
name.
If you have questions regarding the above, give me a call.
Ton�y Mzm:%�
N
4' 4 41 4 0 41
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May 11, 1987'
TO:
FROM:
SUBJECT:
Recommendation:
CITY OF NEWPORT BEACH
Marine Department
MAYOR AND CITY COUNCIL
Marine Department
Agenda Item No.
HARBOR PERMIT APPLICATION 124-3400 BY TRAWEEK
INVESTMENT CORPORATION TO REVISE THE COMMERCIAL
DOCKS BAYWARD OF 3420 VIA OPORTO
If desired, approve the application subject to the following
conditions:
1. Approval of the Army Corps of Engineers.
2. Approval of the California Coastal Commission.
3. All plumbing and electrical work must be done under
permit from the City Building Department.
4. Plans and specifications for the docks must be approved
by the Public Works Department.
5. Fire prevention equipment must be approved by the City
Fire Department.
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 also be
required before issuing a permit for shore -connected
structures when the abutting upland property is zoned
commercial".
The applicants wish to revise one of their slips at the above
marina. At this stage the applicant is asking for City Council
approval as required for the revision, but has not made a definite
decision as --to what the slip configuration will be. As a result,
the applicant has submitted two drawings which are attached;
drawings "A" and "B", showing the -possible alternatives. The
alternatives are nearly the same except for slip length; the
uncertainty arises as a result of questions as to the length of
the vessel to be berthed there and the length of the berthing
finger that will be needed. When the applicant makes the election
of which alternative he chooses, plans and specifications will be
submitted to the Public Works Department for approval.
The applicant has also indicated that with,the revision to the
docks, he will be installing a vessel pumpout station to service
the large vessel' that will be' accomodated at this particular
location in the marina.
Tony Melum.
Tidelands Administrator
David Harshbarger
Marine Director
-Tea
IOAD
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17-
757
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PROPOSED DOCK MODIF(CATION
-FOR CORMORANT CRUISES A� LIVO MARtNN VILLA%GiF_
VESSEL PLKEMENT EL&N z,+'
5CAL6
PROPOSED DOCK MODIFICATION
FOR CORMORANT CRUISES je LIDO MAR�_NP, VILLAC-vF-
DIMENSION PLAN
4+— 1-7' 3q
.44 6 41
5CAL6 - / " = 20 "
Oic EXI�7-11VK- 90�
53 Ok-
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
April 27, '1§�7
Richard D. Simpson, Jr.
Olen Company
17991 Cowan
Irvine, CA 92714-6047
Re; Proposed marina reconfiguration by Stuard Seidner adjacent
to 3366 Via Lido, Newport Beach
Dear Mr. Simpson:
Revisions to commercial marinas in the City of Newport Beach
require City Council approval. Mr. Seidner's proposed revisions
and possible subsequent revisions by Traweek Investment Company
would have to be. pproved by the City Council.
Based on the above, it would be inappropriate for the staff to
state whether future modifications would be approved or dis-
approved by the City Council. However, in reviewing Mr. Seidner's
proposed revision, I see no obvious reason why this would affect
proposed revisions in the future by Traweek Investments.
If you have further concerns in this regard, please contact me
at 644-3044.
Sincerely,
Tony Me m
� -, 11��
Tidelands Administrator
3300 Newport Boulevard, Newport Beach
April 15, 1987
Mr. Tony Melum
Marine Department
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92663
RE: Proposed Marina Reconfiguration by Stuart Seidner
Marina located adjacent to 3366 Via Lido, Newport Beach,
California
Dear Mr. Melum:
Mr. Stuart Seidner is a tenant of Olen Properties Corp.
Olen Properties Corp. is the owner of the real,property referenced
above, and is the ground Lessor of the water rights appurtenant
thereto. Traweek Investment Fund No. 11, Ltd. is the ground
Lessee of said water rights and is the operator of the boat slips
J"Olen slips") located thereon.
Mr. Seidner has informed me that he has discussed with you
his proposed reconfiguration of slip numbers 204, 205, 206, 207,
and 208 of the Olen slips and that, in concept, the Marine
Department has no objection thereto. However, one of the
conditions Traweek has imposed upon Mr. Seidner's plan is that
the City of Newport Beach not place any restriction upon any
future reconfiguration of any other marina area Traweek operates
due to this proposed modification. Mr. Seidner has indicated
to me that you will put in writing that any future.modification
sought by Traweek, or its successor, will be approved, or
disapproved, based solely upon the proposal submitted by
Traweek, or its successor, and the present reconfiguration plan
shall not impair any proposed future marina modification by
'11'raweek, or its successor.
Please call if you have any questions. My direct line
is 863-1793.
Sincerely yours,
? �J-
Richard D. Simpson,
RDS/dh
17991 Cowan, Irvine, California 92714-6047 (714) 863-1163
'THE
KOLL
CONIPIM"TiV
CONTRACTOR
March 1, 1978
Mr. Glen Weldon
Tidelands Administrator
City of Newport Beach
70 Newport Pier
Newport Beach, California 92660
Re: 3336 Via Lido
Newport Beach, California
Dear Glen:
On behalf of Donald M. Koll, I enclose herewith an application
to transfer Permit No. 124-3336 to Mr. Robert Glasser, together
with a check in the amount of $150.00 to cover the transfer
f ee-
After the transfer has been accomplished, I would appreciate
if you could verify the transfer in writing to us.
Thank you very much for your assistance with regard to this
matter.
Very truly yours,
Dee Hartford
dh
enclosures
1901 Dove Street 9 Newport Beach 9 California 92660 e (714) 833-3030
,',Joe
December lli 1984
Oil
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
David.S. Mosher
Commercial Property Manager
Lido Marina Village
3420 Via Oporto, Suite 201
Newport Beach, California 92663
RE: Harbor Permit Revision 124-3400
Dear Mr. Mosher:
As we discussed by telephone, both the Orange County Sheriff's Harbor
Department and the City of Newport Beach Fire Department have serious
reservations regarding the purposed revision and berthing scheme for
the commercial marina bayward of the Lido Village.
Let me here paraphrase their concerns:
1. Fire Safety:
Most of the boats are inaccessible when fire fighting
and exposure are considered.
a. Access to each boat is very important when fighting
a fire. We have to have access to both sides as
wind conditions change. Fires are normally fought
from the windward side. If boats are tied next to
one another without any dock space in between, there
is no area for us to work on.
b. Exposure is a major problem in marina fires. These
designs are not acceptable as, most of the boats are
tied next to one another without any dock space be-
tween them. Additionally, due to crowding, up to
seven boats would have to be moved before the boat
next to the boat on fire could be moved. In that
amount of time, the original fire would have a domino
effect on the rest of the boats in the marina.
2. Service Access:
In most cases, there is limited access to the boats as described
above. Most boats are designed to be boarded from either side
rather than the bow or stern. With eight or nine boats tied
abreast of each other, access would be very difficult any time
that public safety services were required.
3300 Newport Boulevard, Newport Beach
Page 2
December 11, 1984
3. Encroachment:
The project line is being extended twenty -feet from the
present pier head line. In looking at the chart for Newport
distance Fe—tween the present pier head line and the
Federal area is about thirty-seven feet. With.a twenty foot
extension, the larger boats illustrated in the plan would be
limited to a seventeen foot beam.
4. The proposed berthing is in violation of the National Fire
'Protection Associations standard for Fire Protection Standard
For Marinas And Boatyards adopted by the City of Newport Beach,
(see attached).
Based on the above, it will.be necessary for you to reconsider the.con-
figuration for your proposed marina revision.
If you have any questions regarding the above, please call.
Very truly yours,
o�P4
Tony Melum
Tidelands Administrator
TM:la
Attachments
303-1
@ 1984 NFPA, All Rights Reserved
V i
NFPA 303-1984
1984 Edition of NFPA 303
This edition of NFPA 303, Fire Prevention Standardfor Marinas and Boatyards,
was prepared by the Technical Committee on Marinas and Boatyards, released by the
Correlating Committee on Marine Fire Protection, and acted on by the National Fire
Protection Association, Inc. at its Fall Meeting held November 14-17, 1983 in Or-
lando, Florida. It was issued by the Standards Council on December 8, 1983 with an
effective date of December 28, 1983, and supersedes all previous editions.
This 1984 edition of this standard has been approved by the American National
Standards Institute.
Changes other than editorial are indicated by a vertical rule in the margin of the
page on which they appear. These lines are included as an aid to the user in identify-
ing changes from the previous edition.
ti
R -mm,
This first NFPA stand I ard on the subject of marinas and boatyards was adopted by
the Association in 1940 on recommendation of the Committee on Boat Basins and
Municipal Marinas of the then NFPA Marine Section. The following year the scope of
the recommendations was enlarged to include boat service and storage yards. Minor
amendments were adopted in 1952 and 1957. A revised edition was produced in 1960
by the Committee on Motor Craft and Marinas. In 1961, the Sectional Committee on
Marinas and Boatyards was established to deal exclusively with these matters. A com-
plete revision of NFPA 303 was developed and adopted in 1963, amendments to which
were adopted in 196 6, 1969, and 1975.
BERTHING AND STORAGE FACILITIES
(e) Fire protection equipment..
2-3.3 Transmission of Fire Alarm. The alarm shall be
transmitted to the fire department immediately upon
discovery of any fire. This shall be a duty impressed upon
all personnel and especially upon watch personnel.
Means for sounding an alarm of fire for notification of
yard personnel and others on the premises shall be pro-
vided.
2-3.4 Maintenance of Access. All entries and internal
passageways shall be maintained free of obstructions at
all times. Fire protection equipment, either private or
public, shall not be obstructed. Fencing shall be arranged
to permit prompt access to fire fighting forces and ap-
paratus in an emergency.
Chapter 3 Berthing and Storage Facilities
3-1 Design. Due to the many various configurations of
land and water areas where marinas and boatyards are
located, it is not practical to specify any details of layout.
Each design, however, shall provide the following fea-
tures:
(a) -E46 mooring or wharfage berth shall be arranged
that a I boat occupying the berth can be readily re-
moved in an emergency without the necessity of moving
boat.
(b) Mooring and wharfage areas shall be arranged to
permit boats to enter or leave their berths with a mini-
mum amount of maneuvering.
(c) Access from land to piers and floats shall permit
municipal or other fire fighting equipment to be located
where hose lines may be extended to the full length of the
pier or floats.
(d) Water lines for instant use in fire fighting shall be
permanently installed accessible to all berthing piers and
floats. They shall be protected from freezing where neces-
sary. These water lines shall be connected to an adequate
water supply ashore or to motor driven pumps capable of
providing adequate water. The water line layout shall be
approved by the authority having jurisdiction.
(e) An electrical lighting system shall be provided to
assure adequate illumination of all exterior shore areas,
piers, and/or floats. The wiring, fixtures, and fittings
shall be provided and installed in accordance with
Chapter 5 of this standard.
(f) If an auxiliary power supply, arranged to provide
lighting for pier and dock areas is not provided, an ap-
proved battery -powered emergency lighting fixture con-
forming to the requirements of Section 700-16, National
Electrical Codee, and protected from the w�e ' a'ther shall
be installed at the outboard end and the shore end of
each pier.
3-2 Dry Storage of Boats.
3-2.1 In addition to compliance with other sections of
this standard, dry storage areas require additional pro -
303 -7
tection due to the greater degree of congestion and the
decreased inspection frequency of each vessel.
3-2.2 Separation of Areas. When work is carried out
on board a vessel in an unsprinklered storage building. an
approved fire detection device shall be maintained within
the vessel for the duration of repairs; and the vessel shall
be included on the watch person's regular rounds.
3-2.3 Suitable lockers or facilities shall be provided for
boat gear, with great care exercised to see that no items
subject to spontaneous heating are included, such as
oilskin clothing, etc.
3-2.4 The use of heaters in a boat storage area shall be
prohibited except when necessary to accomplish repairs,
in which case they shall be regularly attended.
3-2.5 No flammable liquids or materials shall be kept in
boat storage areas.
3-2.6 Fixed or portable ladders of sufficient length to
reach every stored boat shall be so located as to be readily
available for use.
3-2.7 When a boat is to be dry Stored for the season, the
following precautions shall be taken in addition to nor-
mal winter lay-up preparations:
(a) The entire vessel shall be inspected for any hazard-
ous materials or conditions that may be present.
(b) All loose combustibles shall be removed and stored
in suitable lockers or segregated safe areas.
(c) Liquefied petroleum gas cylinders, alcohol or
kerosene from galley fuel tanks, and any reserve fuel sup-
plies for the galley shall be removed and stored in a safe
area.
(d) Batteries of the lead -acid type shall be removed for
storage and recharging whenever practicable. When, for
reasons of size and weight, it is impractical to remove bat-
teries for storage and recharging, they may be permitted
to remain on board provided:
(i) The compartment in which the batteries are
located is arranged to provide adequate ventilation to
prevent entrapment of released gases;
(ii) An approved type battery charger is permanent-
ly installed on the boat, so arranged as to provide a
suitable trickle charge;
(iii) The power connection to the trickle charger
consists of a three -wire circuit of not less than No. 12
AWG conductors, connected to a source of 110 to 125
volts single phase, with a control switch and approved cir-
cuit protection device arranged to trip at not more than
125 percent of the rated amperage of the charger;
(iv) There is no connection on the load side of the
circuit protection device from this circuit to any other
device;
(v) The electrical wiring complies with all of the re-
quirements of this standard, and the National Electrical
Code,and
(vi) The battery is permanently connected to the
outlet terminals of the charger and the grounding con-
ductor effectively grounds the charger enclosure.
U1ft'_'."'1'19"'�ou_nty of Orange
TO. Dave Harshbarger
FROM:- Harry Gage
SUBJECT
Lido Village Dock Ex
Sion
0�'S F850-123.1
DATE: November 14, 1984-
DEPT/DIST.. Marine Department
Sheriff -Coroner Harbor Patrol
In the last paragraph of Mr. Mosh-er's letter he expresses concern for the
safety of the boats and boat owners in the area. With this in mind, I see
three major problems with the proposed docks; fire safety, service access
and encroachment in the Federal turning basin.
1 Fire Safety:
Most of the boats are inaccessible when fire fighting
and exposure are considered.
a. Access to each boat is very important when fighting
a fire. We have to have access to both sides as
wind conditions change. Fires are normally fought
from the windward side. If boats are tied next to
one another without any dock space in between, there
is no area for us to work on.
b. Exposure is a major problem in marina fires. These
designs are not acceptable as most of the boats are
tied next to one another without any dock space be-
tween them. Additionally, due to crowding, up to
seven boats would have to be moved before the boat
next to the boat on fire could be moved. In that
amount of time the original fire would have a domino
effect on the rest of the boats in th-e marina.
2. Service Access:
In most cases there is limited access to the boats as described
above. Most boats are designed to be boarded from either side
rather than the bow or stern. With eight or nine boats tied
abreast of each other, access would be very difficult any time
that public safety services were required.
3. Encroachment:
The project line is being extended twenty feet from the,present
pi.tr head line. In looking at the chart for Newoort Bay, the
distance.between the.present pier head line and ihe Federal
area is about thirty-seven feet. With a twenty foot extension,
the larger boat illustrated in the plan would be limited to a
seventeen foot beam.
In general it appears that personal safety, boat safety and service access
are being sacrificed to overload an area which is already over crowded.
- 2 -
If this -area is enlarged it will establish a dangerous precedent and no
doubt the marinas all the way to the Lido Island Bridge will want to ex-
pand similarly.
Thank you for the opportunity to comment on this proposal.
November 8, 1984:
David S. Mosher
Commercial Property Manager
Lido Marina Village
3420 Via Oporto, Suite 201
Newport Beach, CA 92663
Dear Mr. Mosher:
We are reviewing the materials you provided us as quickly as
possible. In the mean time, if you feel the.con:dition of the
docks to be revised poses a safety problem, we would strongly
recommend temporary remedial measures.
If you have any questions please call me at 644-3044.
Very truly yours,
Tony Mel ufn
Tidelands Administrator
TM: db
3300 Newport Boulevard, Newport Beach
MY jURIVIA
VELILAGE
nN THF WATFRFRnNT--- iN
MANAGEMENT/ LEASING OFFICE
3420 VIA OPORTO, SUITE 201, NEWPORT BEACH, CA92663-6302 e (714)675-8662
November
Mr. Tony MelLun
Tidelands Administrator
3300 Newport Boulevard
Newport Beach, California 92663
Attn: Marine Department
RE: Harbor Permit Application #124-3400
Dear Mr. Melun:
In accordance with your request last week, I have attached several (3) proposed
new docks/vicinity sketch diagrams with various vessel moorage configurations
overlaid onto the diagrams for your reference and review. Although these vessel
configurations should be generally representative and sufficient for your
analysis, it should be noted that the high utility design of the proposed new
docks will lend itself to infinite combinations. However, I believe these
diagrams sufficiently display the most prominent configurations consistent with
present water uses established at Lido Marina Village.
Please feel free to forward copies to the Tidelands Affairs Committee in the
event they require same in the preparation of their report and recamendations
to the City Council for approval of the project. Should you require any further
information or clarification of any documentation previously submitted, please
feel free to contact me by telephone at (714) 675-8662.
Once again, I would like to instill a sense of urgency in the approval of these
new docks. With winter approaching rapidly, we are highly motivated to replace
the old wooden docks to avert potential liability problems as a result of severe
winter storms such as those experienced last year. Our first consideration must
be focused on the safety and well being of not only our clientele but the physical
safety of numerous watercraft berthed in this area by the various marine tenants
at Lido Marina Village.
We anticipate your prompt attention to this important matter.
Sincerely,
Z
David S. Mosher
Commercial Property Manager
encl.
cc: Jerrold A. Glass
Frank Suryan
A TRAWEEK INVESTMENT FUND PROPERTY * MANAGED BY TRAWEEK WESTERN PROPERTY MANAGEMENT CO., INC.
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CITY OF NEWPORT BEACH
Marine Department
October 22, 1984
j -E C( - -3 �( o-0
AGENDA ITEM NO. F-22
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATION 124-3400 BY TRAWEEK WESTERN
TO REVISE THE COMMERCIAL DOCKS BAYWARD OF 3420
VIA OPORTO
Recommendation:
If desired, refer this application to the Tideland Affairs
Committee for review and report back.
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 also be required
before issuing a permit for shore -connected structures when
(3) the upland property is zoned commercial."
The applicant proposes a revision of the commercial docks for the
purpose of (1) refurbishing old docks in need of repair, and
(2) to reconfigure the docks for altered use of the water space.
(See attached "Proposed Use of Water Space"). A significant
portion of the new water space is to be used for "Character/Theme
Vessel berthing" and'"temporary moorage" of vessels. In di.scussions
with the applicant, it appears these spaces will be made available
to charter vessel operations.
The Tideland Affairs Committee is,currently reviewing the ordinance
dealing with charter vessels, Municipal Code 17.41. The outcome of
this review could affect the recommendation and or conditions for
approval on this application. It was therefore felt appropriate to
suggest referral to the Tideland Affairs Committee of this application
to achieve consistency with the new proposed uses and the City's
Municipal Code Section 17.41.
David Harshbarger, Marine Director
Tony Melum, Tidelands Administrator
TM: db
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PO NEWPORT SAILING CLUB
ACADEMY OF SAIL
G
October 17, 1984
Dear Mrsers.Harshburger and Melum,
Parking space and congestion are serious problems and may curtail many projects
we are now contemplating within the framework of the Newport Sailing Club, Inc.
Would you consider this a viable solution?
1. All charterers would place their cars at a designated parking lot.
2. The charter agent, (i.e. Newport Sailing Club) must supply a shuttle
service to the village.
3. The charter passengers obtain a "vessel boarding pass" only after the bus
departs for Lido Marina Village.
4. The charter passengers may not board the vessel without a "boarding pass."
This system would eliminate the usual "beat the odds" attitude of the public
because nothing could be gained by their parking in the Lido Marina parking
structure.
Obviously there are certain refinements that must be considered, and as I have
only just come up with this idea, there is work still to be done.
I feel this is a worthwhile solution that can be applied to any charter concept
that is active in Newport Beach. Ouls or others!
I mentioned this solution to David Moser.
Forgive my enthhusiasm, but it really could work, and perhaps this can open the
way to clear up a sticky problem.
Perhaps such a solution could implement the removal of our less -than -worthless
docks and make possible the first step in the replacement construction. Needless
to say, I am deeply concerned regarding property damage should our coming winter
throw a few heavy punches.
IN LIDO MARINA VILLAGE 714/675-7100
3432 VIA OPORTO, SUITE 204, NEWPORT BEACH, CALIF. 92663 11
Please enjoy the enclosed book. It is worth it's weight in gold. I hammer
boat owners until they throughly understand its contents.
Thanks for your ear!
Respectfully,
Ian Bruce
Newport Sailing Club
MIB:ac
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LIDO MARINA VILLAGE
CONCRETE DOCK CONVERSION
PROPOSED USE OF WATER SPACE
The following is a tentative listing of marine operations and
uses proposed for the attached design layout. Inasmuch as the
proposed design offers great utility and flexibility, certain
slip configurations lend themselves to multiple marine applications.
Each multiple entry noted below has been prioritized with the most
desirable use listed first.
1. Character/Theme Vessel
Yacht Sales/Brokerage
Sailing Club/Boat Rental
2. Character/Theme Vessel
Yacht Sales/Brokerage
Sailing Club/Boat Rental
3. Yacht Sales/Brokerage
Sailing Club/Boat Rental
4. Sailing Club/Boat Rental
Yacht Sales/Brokerage
5. Sailing Club/Boat Rental
Yacht Sales/Brokerage
6. Sailing Club/Boat Rental
Yacht Sales/Brokerage
7. Medium to Large Vessel Temporary Moorage
8. Small to Medium Vessel Temporary Moorage
PO NEWPORT SAILING CLUB
&
ACADEMY OF SAIL
October 17, 1984
Dear Mrsers.Harshburger and Melum,
Parking space and congestion are serious problems and may curtail many projects
we are now contemplating within the framework of the Newport Sailing Club,
Inc.
Would you consider this a viable solution?
1. All charterers would place their cars at a designated parking lot.
2. The charter agent, (i.e. Newport Sailing Club) must supply a shuttle
service to the village.
3. The charter passengers obtain a "vessel boarding pass" only after the
bus
departs for Lido Marina Village.
4. The charter passengers may not board the vessel without a "boarding pass."
This system would eliminate the usual "beat the odds" attitude of the
public
because nothing could be gained by their parking in the Lido Marina
parking
structure.
Obviously there are certain refinements that must be considered, and as
I have
only just come up with this idea, there is work still to be done.
I feel this is a worthwhile solution that can be applied to any charter
concept
that is active in Newport Beach. OuLsor others!
I mentioned this solution to David Moser.
Forgive my enthhusiasm, but it really could work, and perhaps this can open the
way to clear up a sticky problem.
Perhaps such a solution could implement the removal of our less -than -worthless
docks and make possible the first step in the replacement construction. Needless
to say, I am deeply concerned regarding property damage should our coming winter
throw a few heavy punches.
IN LIDO MARINA VILLAGE 714 ' /675-7100
3432 VIA OPORTO, SUITE 204, NEWPORT BEACH, CALIF. 92663 ,
Please enjoy the enclosed book. It is worth it's weight in gold. I hammer
boat owners until they throughly understand its contents.
Thanks for your ear!
Respectfully,
Ian Bruce
Newport Sailing Club
MIB:ac
6Z1
TERM EXPIRES
Newport Beach City Charter)
7:30 p.m., Council Chambers
,liaison
l�lye Asn. nmne) (apt. 7-14-80) 6-30-84
i lye Asn. nmne) (reapt .7-14-80) 6-30-84
mcil nmne) (apt. 6-08-81) 6 - 30-85
Bd nmne) (apt. 6-27-83) 6 - 30-87
.ncil nmne) (reapt. 6-14-82) 6-30-86
!COMMISSION
i �ort Beach City.Charter)
7:00 p.m., Council Chambers)
liaison
Director)
�(apt. 7-14-80)
6-30-84
apt. 6-27-83) 6-30-87
(apt. 7-27-81)
6-30-85
,(apt. 6-14-82) 6-30-86
(reapt. 6-14-82)
6-30-86
,(apt. 6-27-83) 6-30-87
,(apt. 6-27-83)
6-30-85
LAW OFFICES
MCDER M OTT & TRAYNER
RONALD G. TRAYNER*
A PARTNERSHIP OF PROFESSIONAL LAW CORPORATIONS
JOHN A. McDERM�TT, II*
6TH FLOOR
STEVEN L.STERN
THOMAS B. CURTIS*
1201 DOVE STREET
KELLY TESTOLIN*
NEWPORT BEACH, CALIFORNIA 92660
MICHAEL A. McIDERMOTT
AREA CODE 714
PATRICK K. MOORE
851-0441
ERIC E. JOHNSON
JAMES R. LAHANA
MICHAEL D. ROTH+
VICTOR C. IRELAND
BARRETT W. McINERNEY
JOHN R KRAVE
September 10, 1984
NOAH D—ROSENBERG
JOAN E. LOUW
ROBERT L. WASHBURN
KENNETH S. BAYER
WAYNE J. MILLER
KAREN L. TAILLON
*A PROFESSIONAL LAW CORPORATION
IMEMBER DISTRICT OF COLUMBIA AND CALIFORNIA BARS
46-13
Mr. Tony Melum
City of Newport Beach
Department of Marine Safety
70 Newport Pier
Newport Beach, CA 92663
Dear Tony:
PASADENA OFFICE
8T- FLOOR
87 NORTH RAYMOND AVENUE
PASADENA, CALIFORNIA 91103
AREA CODE 818
792-8242
Herewith is the latest installment of the continuing
melodrama of your file on the boat slips at Lido Marina Village.
As you will recall, I wrote a nasty letter to Mr. Glasser's
attorney demanding return of the materials which Mr. Glasser, I
had been told, had picked up from the court. In response to my
letter, Mr. Glasser sent me a letter, a copy of which is en-
closed, and certain items from your file, which items are also
enclosed.
As you can see from Mr. Glasser's letter, he believes
these are the only items to have been put into evidence. You
should check your files to see if indeed you have the remainder
of your file. If not, I believe that a letter from you to Mr.
Glasser and his attorney would be in order, inasmuch as I have
done just about all I can to straighten out this mess.
If you require my assistance in any manner, please feel
free to contact me at any time.
Very truly yours,
By:
KSB/ls
enclosures
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ISHEET NC
13
NAME
ADDRESS OF PROPOSED FACILITY
PERMIT
c� �k�2
MAILING ADDRESS
TELEPHON(
FEE
CHECK N
DA E
-APPROVED
BY:
DATE
APPLICATION 15 HER - EBY MADE FOR A HAR13OR PERMIT To
OCHD
CONSTRUCT��SE
ENGR
AT THE ABO�E LOCATION IN ACCORDANCE WITH THE CITY OF
NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING
COUNCIL
BY COMPANY
PUBLIC WORK.
D A T E D
DEPT.
DATE
ESCROW
INSPECTION
El
rIGNATURE
.4
SPECIAL CONDITIONS��--��.� loe
CITY OF NEWPORT BEACH, CALIF. wx FORM 68�1010
13
10/19/83
Called Mr. Bayer. Appeal time was -up on
10/17�83.
On 10/17/83 they receieved an appeal.
Therefore, files have to stay in court.
It may be six months before it comes to
trial again.
He will let us know -�atus of files; he may
be able to have certified copies made of them.
0(4tr-ont,
e,.(uA,., te-ce de
4- Ai -1,",., ,u,-.,at�krb4-
.BUYERS' NAME(S) A
4 14AW
ADDRESS OF FACILITY:
PERMITt-
a
AILING,Apv,�Fs5l
JELEPHONEN0.
0.
-bk-TEr
WW
V
902ul
1 DATE
'APPLICATION
-IS, HEREBY MADE TO' TRANSFER, HARBOR PERMIT
v 1-11-1wLA4,
��106HD
SELLERS' NAME(S),,� . ........ BUYERS'NAME(S)
(AlBOVE NAMES TO BE TYPED)
j,,,CDUNCjl-,,
IGN R
KS
4-:
ESCROW
SIGNATURE OF SELLER SIGNATURE OF BUYER
4NSPECTION-
-)SIGNATURE OF -JOINT OWNER
APPLICATION Appkbv,E,D (DATE:) ec",
CITY HARBOR COORDINATOR
-,,.SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE
BY, THE CITY COUNCIL IN ACCORDANCE WITHTITLE.1 7,
OF� THE. MUNICIPAL. CODE.
CITY OF NEWPORT BEACH, CALIF. WX FORM 66-1013 REV.
1984 Edition of NFPA 303
This edition of NFPA 303, Fire Prevention Stdndardf07 Afarinas and Boatyards,
was -prepared by the Technical Committee on Marinas and 3c3atyards, released by the
Correlating Committee on Marine Fire Protection, and acted on by the National Fire
Protection Association, Inc. at its Fall Meeting held- November 14-17, 1983 in Or-
lando, Florida. It was issued by the Standards Council on Dc -c -ember 8, 1983 with an
effective date of December 28, 1983' and.supers.edes.all pre-vious editions.
This 1984 edition of this standard has been approved I)T the American National
Standards Institute.
Changes other than editorial are indicated by a vertical rLiLe in the margin of the
page on which they appear. These lines are included as anaid to the user in identify-
ing changes from the previous 'edition.
.:.Origin and Development of NFPA303"
This first NFPA standard on the subject- of marinas and �Clatyards was adopted by.
the Association in 1940 on recommendation of the Cornrniite.e on Boat Basins. and.
Municipal Marinas of the then NFPA Marine Section. The fbi ]owing year the scope of
the recommendations was enlarged to include boat service �nd storage yards. Minor
amendments were adopted in 1952 and 1957. A revised editio a was produced in 1960
by the Committee on Motor Craft and Marinas. In 1961 , the,13�ctional Committee on
Marinas and Boatyards was established to deal exclusively wit1h. these matters. A com-
plete revision of NFPA 303 was developed and adopted in 190, amendments to which
were adopted in 1966, 1969, and 1975.
303 �_ 1.
91,
Chapter 1 'General ...... ***** . ........................
I ..... 303-
4
I - I Foreword .........
303-
4
7*''****'�'*''***''*'*''**'''**'**''***''*'*
1-2 Management ....................................................
303-
303-
4
4
1-3 .................................. I .......... 0 .................
1-4 Cleanliness ...... .....................................
....... 303--4
a—
1-5 Water Supply ... ! ......................................
...... 303-
4
1-6 Smoking .....................................................
303-
4
Chapter 2 Fire Protection. ........................................
303-
4
2-1 Classification of Fires ............................................
303-
4
2-2 Private Fire Protection ...........................................
303
4
2-3 Public Fire Protection .......................... :
................ 303-
6
Chapter 3 Berthing and Storage Facilities ..........................
.. 303-
303-
7
7
3-1 Design ..................................
.............
.......
3-2 Dry Storage of Boats ........ ......... Y .........................
303-
7
Chapter 4 Operational Hazards .....................................
... 303
8
4-1 Conditions on Individual Boats ............................
.303
8
I I ,
4-2 Heating ....... ..................................
—303�
-8
4-3 Siorage and Handling of Fuels ....................
...
......... ... 303-
9
4-4 Storage and Handling of Paints and Spirits ..................
... 303
9
4-5 Paint Removal and Painting ...... ........ I., .............
........ 303-
9
4-6 Lumber Storage 4 ...... ................................
....... 303-10
4-7 Welding, Brazing, Soldering and Cutting � ..................
* .303-10
4-8 Woodworking ............. ; .............. ................
I ..... �303-10
4-9 Machine Shop .....................................
. ....... 303-10
4-10 Battery Service and Storage ...... ...................
...... 30-11
4-11 Servicing Liquefied Petroleum. Gas Systems ........................ 303-11
Chapter 5 Electrical Wiring and Equipment ...
................. 303-11
5-1 .................................... ...........................
303-11
5-2 ...............................................................
303-12
.5-3 G . eneral ....... ....... : .........................................
303-12
5-4 Classification of Locations Within Marinas and Boatyards .......... *..303-12.
5-5 Power Supply ...................................................
303-12
�-6 Grounding .........................................
........... 1303-13
5-7 Standard Locations .............................
I . ......... 303-13
5-8 Damp. Locations ...................................................
303-13
5-9 Wet Locations. 4 ................................................
303-13
5-10 Hazardous (Classified) Locations .....
.............. 303-13
5-11 Wiring Methods and Materials ..........................
......... 303-13
5 -12 Circuit Breakers, Switches and Panels ............................
303-14
5-13 Feeders and Branch Circuits on Piers ..........
........ 303-14
5-14 Receptacles ....................................
.............. 303 -15
5-15 Lighting Fixtures ........ ..........................
I .......... 303 -15
i
5-16 Hazardous (Classified) Locations ..............................
03-15
5-17 Tests .............
.... 303-15
5-18 Marine Hoists, Railways, Cranes and Monorails ...................
303-15
5 -19 Maint enance of Electrical Wiring and Equipment
................. 303 -16
Chapter 6 Mandatory Referenced Publications ....................... 303-16
Appendix A ........................................................ 303-16
Appendix B ............... : ..................... ............... 303-17
BERTHING AND
(e) Fire protection equipment.
2-3.3 Transmission of Fire Alarm. The. alarm shall be
transmitted to the fire department immediately upon
discovery of any fire. This shall be a duty impressed upon
all personnel and especially upon watch personnel.
Means for sounding an alar of fire for notification of
in
Y Lrd personnel and others on the premises shall be pro-
vided.
2-3.4 Maintenance of Access. All entri e*s and internal
passageways shall be maintained free of obstructions, at
all times. Fire protection equipment, either private o . r
public, s hall not be obstructed. Fencing shall be arranged
to Permit prompt access. to fire fighting forces and ap-
paratus in an emergency.
Chapter 3 Berthing and S . torage Facilities
3-1. D6ig-ji. Due to the many various configu . rations of
land and water areas where marinas and boatyards are
located, it is not practical to specify any details of layout.
Each design, however, shall provide the following fea-
tures:
V (a) Each mo
oring or wharfage berth shall be! arranged
so that a boat occupying the berth can be readily re-
moved in an emergency without the necessity Of movin
another boat. .9
(b) Mooring and wharfage areas shall be arranged to
permit boats to enter or leave their berths with a mini-
mum amount of maneuvering.
(c) Access from land to piers and floa . ts shall permit
municipal or other fire fighting equipment to be located
where hose lines may be extended to the full length of the
Pier or floats.
(d) Water lines for instant use in firefighting shall be
Permanently installed accessible t all berthing piers and
floats. They shall be protected fr o
Om freezing where neces-
sary- These water lines shall be connected to an adequate
water supply ashore or to motor. driven Pumps capable of
Providing adequate water. The water line layout shall be
approved by the authority having jurisdiction.
(e) An electrical iighting system shall be provided to
assure adequate illumination of all exterior shore areas,
Piers, and/or floats The wiring, fixtures, and fittings
shall be provided 'and installed in accordance with
Chapter 5 Of this standard.
(f) If an auxiliary p . ower supply, arranged to provide
lighting for pier and dock areas is not provided, an ap-
proved battery -powered emergency� lighting fixture con-
fbrrnir�g to the requirements Of Section 700-16, National
Electrzcal CodeD, and protected from the weather shall
be installed at the outboard end and the sh�'r_e" end of
each pier.
3-2 Dry Storage of Boats.
3-2.1 In addid
'On to compliance with other sections of
this standard, dry storage areas require additional pro -
FACILITIES 303-7
tection due to the. greater degree of conges . tion and the
decreased inspection frequency of each vessel.
3-2-2 Separation of Areas. When work is carried ou . t
on board a vessel in an unsprinklered storage building, an
approved fire:detection device shall be maintained within
the vessel for the duration of repairs; and the vessel shall
be included on the watch person's regular rounds.
3-2.3 Suitable lockers or facilities shall be provided for
boat gear, with great care exercised to see that no items
subject to spontaneous heating are included, such as
oilskin clothing, etc.
3-2 -4 The use of heaters in a boat storage area shall be
Prohibited except when. necessary to accomplish repairs,
in which case they shall be regularly attended.
3-2.5 No flam . mable liquids or materials shall be kept in
boat storage areas.
3-2.6 Fixed or
portable ladders of sufficient length to
reach every stored boat shall be so located as to be readily
available for use.
3-2-7 When a boat is to be drystored for the season, the
following precautions shall be taken in. addition to nor-
mal winter lay-up preparations:
(a) The entire vessel shall be inspected for any hazard-
ous materials or conditions that may be present.
(b) All loose combustibles shall be removed and stored
in. suitable lockers or segregated safe areas.
(c) Liquefied petroleum gas cylinders, alcohol or
kerosene from galley fuel tanks, and any reserve fuel sup-
plies for the galley shall be removed and stored in a safe
area.
(d) Batteries of the lead -acid. I type shall be removed for
storage and recharging whenever practicable. When, for
reasons of size and weight, it is impractical to remove bat-
teries for storage and recharging, they may be permitted
to remain on board provided:
(i) The compartment in which the batteries are
located is arranged to provide adequate ventilation to
prevent entrapment of released gases;
(ii) - An approved type battery charger is permanent-
ly installed -on the boat, so arranged as to provide a
suitable trickle charge;
Pii) The power connection to the trickle charger
consists of a three -wire circuit of not less than No. 12
AWG conductors, connected to a source of 110 to 125
volts single phase, with a control switch and approved cir-
cuit protection device arranged to trip at not more than
125 percent of the rated amperage of the charger;
(iv) There is no connection on the load side of the
.circuit protection device from this circuit to any other
device;
(v) The electrical wiring complies with all of the re-
quirements of this standard, and the National Electrical
Code, and
(vi) The battery is Permanently connected to the
outlet terminals of the charger and the grounding con-
ductor effectively grounds the charger enclosure.
MANAGEMENT / LEASING OFFICE
3421 VIA OPORTO, SUITE 200, NEWPORT BEACH, CA 92663-6302 * (714) 675-8662
April 27, 1989
Mr. Tony Melum
Tidelands Administrator
HAND DELIVERED
Dear Tony:
Enclosed is the check you requested in the amount of $260. 00 for the
Revision Permit.
Unfortunately Mike Maher will not be in town for the meeting that is
scheduled for May 8. However, Donna Larson, Assistant Manager for Lido,
and possibly Jerry King will be attending in his place.
Thank you so much for all your time and effort that you have put into this
project for us. If you need anything at all, please feel free to call me.
Best regards,
Crystal D. More
Professionally Managed by American Property Administrators, Inc
3LID0
WAFUNA
VildIMAGE
ON THE WATER FRONT ... IN NEWPORT BEACH, CALIFORNIA
MANAGEMENT / LEASING OFFICE
3421 VIA OPORTO, SUITE 200, NEWPORT BEACH, CA 92663-6302 (714) 675-8662
April 12, 1989
Mr. Tony Melum
Tidelands Administrator
HAND DELIVERED
Dear Mr. Melum:
Enclosed are 40 copies of the sketches required for the permit and the
completed application.
If you should require further information, please call me. Thank you for
your support in this matter.
Best regards,
ae!�, �6. V��
Crystal D. Morey
cc: Skip Hornsby
C. Michael Maher
Professionally Managed by American Property Administrators, Inc
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Agenda Item No. F-15 (a)
CITY OF NEWPORT BEACH
Marine Deprtment
May 8, 1989
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATION 124-3400
BY LIDO MARINA VILLAGE TO REVISE THEIR
COMMERCIAL DOCKS BAYWARD OF 3420 VIA OPORTO
Recommendation:
If desired, approve the application subject to the following
conditions:
1. Approval of the California Coastal Commission
2. Approval of ths U.S. Army Corps of Engineers
3. Approval of Plans and Specifications by the City Public
Works Department
4. Approval of the firefighting equipment on the commercial docks
by the City of Newport Beach Fire Department
5. A sewage pumpout station must be installed and made available
to the public, and,
6. That vessels in the marina shall be berthed so that their
removal will not require the moving of adjacent vessels.
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 rquired
before issuing a permit for shore -connected structures when the
upland abutting property is zoned commercial".
The applicant proposes a reconstruction of a section of their
docks which has deteriorated and is in need of repair. As part of
the reconstruction, the applicant proposes the reconfiguration of
the docks in a more useable and efficient manner. They are also
requesting that the docks be allowed to extend to the project
line, which is the baywardmost location of allowable construction
in this particular location.
A DRESS O� -- ---- . t
�NAME 3421 Via CPmto' S'lt
-rt.17k VILLAGE FEE
CHECK
T
L I D 0 TELEPHONE NO'
#200 ( 14) 675-8662
mu -A I L I �NO ��l I - PERMIT TO
3421 Via ' 92 Y MADE FOR A AR13OR
I Cp' APPLI ATION IS HEREBY
6
DATE
2 j _
APPROVED Byt DATE CONS-rpUC:T/RFVIsF A s — — — — — — — — — — — — —
WITH THE CITY Or
OCHO AT -THE ABO�F LOCATION IN ACCORDANCE DRAWING
FNGR NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED COMPANY
VIE
-COUNCIL 4/12/ 9 ----
DATED--A—
PUBLIC WORKS D AT E
DEPT
W
SIGNATURE
C. Michael Maher
ACting Manager
SPECIAL CONDITIONS;;;;
oj.VEVVFORF-�E��
The applicant is installing a vessel pumpout system which will be
available to sailing clubs berthed at the marina, to any charter
operations operating out of the site, and to members of the
general public.
Tony Zt�
Tidelands Administrator
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3111 CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
(714) 644-3311
May 30, 1989
Lido Marina Village
3421 Via Oporto, Suite 200
Newport Beach, CA 92663
Attention: C. Michael Maker, Manager
Subject: Boat Docks at the Warehouse Restaurant
Your May 24, 1989, letter to the City Council requests a variance from the
City's adopted standard for a secondary gangway width.
The Public Works Department has determined that this request need not be
presented before the City Council, and that the proposed 30 -inch gangway width
is acceptable in this particular application.
Your permit plans have been forwarded to the Marine Department for permit
issuance. Thank you for your letter.
Very truly, yours,
y
Lloy n
Design Engineer
LD:so
cc: Marine Department, Attn: Tony Melfum
Marine Consulting & Design, Attn: Skip Hornby
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
*4W CALIFORNIA
FO MARINE DEPARTMENT aty Ran
70 Newport Pier 3300 Newport Blvd.
(714) 673-2110
APPROVAL IN CONCEPT
APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit
application to the South Coast Regional Commission pursuant to California
Administrative Code, Sections 13210 and 13211.
General Description of Proposed Development:
Property Address:
.Legal Description:
City Harbor Permit Number:
-Applicant:
Applicant's Mailin 1dress:
g A�
r
Applicant I s- Telephone Number:
I have reviewed . the plans for the foregoing development including4V',
1. The general site plan, including any roads and public access to
the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of -
the area covered in the application.
and find
They comply with the current adopted Newport Beach General Plan, I
Zoning Ordinance, Subdivision Ordinance, and any applicable specific
or precise plans or
0 That a variance or exception has been approved and is final.
I
69 .90
13
W
5 TI
Located Where Newport Boulevard Crosses OverNewport Bay.
Copyright 1974 Lido Shops/Lido Village
NAW
ELEPHO FEE CHECK NO.
DATE
MAILIN4,lAD oss
,
LICATION IS HEREBY MADE FOR A -IARBOR PERMIT TO
APPROVED By.
DATE
El
CONSTRLICT/REVIS�E_6
OCHD
j
AT THE ABOVE LOCATION IN ACCORDANCE WITH THE C17Y OF
'ENGR
7 ATTACHED DRAWING
NEWPORT BEACH PERMIT POLICIES AND THE
COMPANY
COUNCIL
BY
DAfED
PUBLIC WORKS
D E PT.
DATE
ESCROW
El
STGNATURE
INSPECT'ION
;,SPECIAL CONDITIONS:
CITY OF NEWP RT BEACH, CALIF. wx FORM 68-1010
MAIL
F
0. CHECK I, DATE
om,
APPR 60 syt
DATE
APPLICATION IS HEREBY MADE FOR A HARBOR 0'ERMIT TO
I OCHD
I
CONSTRUCT/REVISE A
AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF
ENGR
E?r--
NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING
COUNCIL
By I= Vol= viu"31
COMPANY
OAT D_
PUBLIC WORKS
DEPT.
DATE
I INSPECT[ 7
SIGNATURE
Aulti"
SPECIAL CONDITIONS:
CITY OF NEWPORT BEACH, CALIF. WX FORM 68-1010
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
NOTICE OF AUTHORIZATION
18 -September 19 73
A PERMIT To revise and replace existing anchor pilings, floats and ramps
and to install additional anchor pilings, floats and ramps to extend 100'
feet bayward of an existing bulkhead wall
24, Tract 1622, Newport Beach, Orange County,
California
HAS BEEN ISSUED TO 111r. Donald M. Koll ON 18 September'11973
ADDRESS OF PERMITTEE 1901 Dove Street, Newport Beach, CA 92660
MARINE SAFETY DE, PARTMENT
70 Newport Pier
may 1973
Ar Walter Boyle
Uo So. Corps of Engineers
P, 0* Box 2711
Las Angeles,, California 90053�
Dear Mr. Boyle:
Please find enclosed a harbor permit application #124-3400
for Donald H4 Koll* This application has been, processed
by both the joint Harbor Committee -and the Newport Beach
City Council* The Council approved the,appl4cation at
their regular Council meeting on May 29,, 1973,
The attached staff report should explain the scope of the,
project as well as related background material. I have
also included two drawings showing the existing configur-
ation of slips in the project zone. Should you need more
detailed drawings please contact John Petry c/o Don Koll.
Company at 1901, Dove Streeto Newport Beach,, Calif. 92660,,
(714) 833-303G.
Please feel free to call if I can be of further assistance.
NOTE: The project does not require dredging, Also a
condition of the City Harbor Permit was, that no live
aboards would be permitted in the marina.
Sincerely,,
Do Harshbargery Captain
Marine Safety Department
DH.-,lf
cct John Petry
i
(a) That this instrument does not convey any property rights either in real
est;.Ite or materLal, or any exclusive privllF-,F,,,s; and that it does not authorizc
,171.1 in�ury to private property or invasion of private rights, or any infringe-
r,ent o4f redcral, State or local laws or regulations, nor does it obviate the
r.,! C of obtaining State or local assent required by law for the structure
or work authorized.
(b) That the structure or work authorized herein shall be in accordance with
the plans and drawings.attached hereto and construction shall be subject to the
supervision and approval of the District Engineer, Corps Of Engineers, in charge
of the District in which the work is to be performed.
(c) That the District Engineer may at any time make such inspections as he
may deem necessary to assurethat the construction or wo - rk is perfonfted in
accordance with the conditions of this permit and all expenses thereof shall be
borne by the permittee.
(d) That the permittee shall comply promptly with any lawful regulations,
conditions, or instruc-tions affecting the structure or work authorized herein
if and when issued by the Adminis tra tion #and/or
the State water pollution control agency having jurisdiction to abate or prevent
water pollution, including thermal or radiation pollution.- Such regulations,
conditions or instructions in effect or hereafter prescribed by the-Feder&I
and/or the State agency are hereby made
a condition of this permit.
(e) That the permittee will maintain the work authorized herein in good
condition in,accordance with the approved plans.
(f)'That this permit may, prior to the completion of the structure or work
authorized herein, be suspended by authority of the Secretary of the Army if it
is determined that suspension is in the pW)Iic interest.*
(g) That this permit may at any time be modified by authority of the
Secretary of the Army if it is determined that, under existing circumstances,
modification is in the public interest.* The permittee, upon receipt of a notIce
.of modification, shall comply therewith as directed by the Secretary of the Array
or his authorized representative.
(h) That this permit may be revoked by authority of the Secretary of the
Army if the permittee fails to comply with any of its provisions or if the
.Secretary determines that, under the existing circumstances, such action is
required in the public interest.* I
M That any modification, suspension or revocation of this permit shall
not be the basis -for a claim for damages against the United States.
Q) That the United States shall in no way be liable for any damage to any
structure or work authorized herein which may be caused by or result from future
operations undertaken by the Government in the public interest.
(k) That no attempt shall be made by the permittee to forbid the full and
free use by the public of all navigable waters at or adjacent to the structure
or work authorized by this permit.
(1) That if the display of lights and signals on any structure or work
authorized herein is not otherwise provided for by law, such lights and signals
as may be prescribed by the United States Coast Guard shall be installed and
maintained by and at the expense of the permittee.
(m) That the permittee shall notify the District Engineer at what time the
construction or work will be commenced, as far in advance of the time of
Commencement as the District Engineer may specify, and of its,comple-tion.
PAGE 2 OF 4
711at if the structure or %,ork herein authorized is not completed on
31st day of December , 19 76, this permit, if not previously
ifically extended, shall cease and be null and void.
7tiat the legal requirements of all Federal agencies be met.
this ipermi-� does not autiorize or approve the construction of
structures, the authorization or approval of which may require
act.:oIl by the Congress or other agencies of the Federal Government.
(q) That all the provisions of this permit shall be binding on any
assignee or successor in the interest of the permittee.
�r) That if the recording 'of this permit is possible under applicable
State or local law,. the permittee shall take such action as may be necessary
to record this permit with the Registrar of Deeds or other appropriate
official charged with the responsibility for maintaining recprds of title
to and interests in real property.
(s) That the permittee agree to make every reasonable effort to prosecute
the construction or work authorized herein in a manner so as to minimize any
adverse impact of the construction or work on fish, wildlife, and natural
environmental values.
(t) That the permittee agrees that it will prosecute the construction' of
work authorized herein in a manner so as to minimize any degradation of water
quality.
#Environmental Prot.ection Agency
*A judgment as to whether or not susDens�on, modification or revocation is -Tn
the public interest involves a consideration of the impact that any such act -ion
or absence of any such action may have on factors affecting the public interest.
Such factors include, but are not limited to, navigation, water supply, f oo
I d
damage prevention, ecosystems, and, in general, the needs and welfare of the
people.
PAGE 3 OF 4
SPECIAL CONDITTION
That the permittee, upon receipt of a notice of revocation of this permit or
upon its expiration before completion of the authorized structure or work,
shall, without expense to the United States, at the direction of the Secretary
of the Army and in such time and manner as the Secretary or his authorized
representative may direct, restore the waterway to its former condition. If
the permittee fails to comply with the direction of the Secretary of the Army
or his authorized representative, the Secretary or his designee may restore
the waterway to its former condition, by contract or otherwise, and recover
the cost thereof from the permittee. ------
By authority of the Secretary of the Army:
Date
JANES Z. NETALIOS
LTC, CE
Acting District Engineer
Fermittee hereby accepts the terms and conditions of this peri"it.
A
;o,"Perm t tz e uate
S,,7
163 Szi�i— 1973
1 -Ir. Donald �':I. Koll
1ST�-jl Dov-'� t r::� 2 t
;�tewport �,each,, CA 9 �'Z 6 0
Dear Mr. Koll:
In response to your request of
12.Januar7 1973, two copies of a draft
-6 aut
parmi t1irmizing you to revise and re -place existing anchor pililigs,
floats a -:,-d ra:i-,--�s and to
addit-lo.:-al anc'mor -s, floats and
U.
ran?,s to 100 feet bayu"nrd cf an e -i -sting bul".-
--ad -vall in
�2-rS 4 tlirou�--.
Tract 162,211 ort �-:Zac'li,
Oran3e County, Calif:ornia are
incio�3ed.
Please sigm bot -11-1 copies. The
parraits will then be validated and orne
�17 -0 -q
Co-
A �Notic,� of �—tboriz-tion. andl
tr,-To ccpies o -;E reportirl'o., the
statuz; o. -'-,a 'uofr-, are -,!so
w4th your
Sincerely your3,
3 Incls
JAI 1111 S Z. IOS
=AL
As stated
LTC, CE
Actins District Enc-Ineer
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES, CALIFORNIA 90053
TO WHOM IT MAY CONCERN:
No. 44-73
8 August 1973
Application has been made by Mr. Donald M. Koll, 1901 Dove Street,
Newport Beach, California 92660, for a permit to revise and replace existing
anchor pilings, floats and ramps and to install additional anchor pilings,
floats and ramps to extend 100 feet bayward of an existing bulkhead wall
in front of Lot Nos. 4 through 24, Tract 1622, Newport Beach, Orange County,
California.
The purpose of this work is to revise and expand existing boat docking
facilities which will be available to the public for rental. Approval
from the City of Newport Beach has been obtained.
Drawings showing location and plan of the proposed work are reproduced
on the attached sheet. Interested persons are invited to inspect these
drawings and to submit, so as to reach this office on or before
7 September 1973, any written comments or objections they may have to
the proposed work. The decision whether to issue a permit will be based
on an evaluation of the probable impact 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; among those
are conservation, economics, aesthetics, general environmental concerns,
historic values, fish and wildlife values, flood damage prevention, land
use classification, navigation, recreation, water supply, water quality,
and, in general, the needs and welfare of the people. No permit will
be granted unless its issuance is found to be in the public interest.
JA�MES�Z. METALIOS
LTC, CE
Deputy District Engineer
STATUS SHEET
HARBOR PERMITS
LOCATION -New
40
Revision
Dredging
Date Rec1v_ Fee Amt. Fee Processed
Date Reviewed by M. S. D.
Approved Denied
Correction Req1d. Desc.
City Council: App�oved Denied
Remarks
DATE MATERIAL SENT/APPROVED
C.O.E. SCRZCC SARWQCD J.H.C. Or.Co. T.I.C.-
1. Application
2. Consent Letter 7- 112
3. "Waste" Letter
4. Drawings
Staff Report
6.,
7.
8.
REMARKS
2- C C_
_60
�77
MARINE SAFETY DEPARTMENT
70 Newport Pier
may 31t 1973
Mr, John Petry
c/o Don Koll Company
1,901 Dove Street
Newport Beach# California 92660
Dear Mr, Petry:
7
The Newport Reach City Council. approved
harbor permit
#124-3400 for Hatteras Katina:at their,regular
meeting
on May - 2 9,r 19 7 3.,
The harbor permit was subj6ct to the . U,,
S, Corps Of
Engineers approval# and will be issued
by the City to
Don K011 upon receipt of a letter from
the U. S* Army
Corps authorizing construction.
Sincerely#
D. Harshbargert Captain
.14arine SALfety Department
DU:lf
Enclosure
Santa Ana River Basin
Regional Water Quality Control Board
6833 Indiana, Suite 1
Riverside, California 92506
Dear Sir:
This letter is to assure the above agency that there will be
no overnight occupancy on vessels moored at the proposed
harbor 1-TstallaUlon and furtHer that tliere will no waste
Mcnarge-Trom the vessel(s) moored at the proposed-71-nstalla-
tion.
Please advise me if Ineed to furnish additional information.
Sincerelyr
AT
AA. KOL�L-
cc: State Water Resources Control Board
Army Corps of Engineers
First Chicago Realty Services Corporation
One,National Plaza
Chicago, Illinois 60670
Re: Lido Village Harbor Permit
Gentlemen:
It is understood that as lender for the Lido Village project
First Chicago will encumber certain bayfront properties held by
Donald M. Koll as well as the appurtenant water and pier rights.
This letter constitutes consent by!the City of Newp6rt Beach to
the transfer of the harbor permit received by Mr. Koll on May
1973 to First Chicago only in the event First Chicago acquires
the upland properties water and pier rights as the result of a
foreclosure. This consent to transfer is condition ' ed on First
Chicago paying the required transfer fee at the time of foreclosure
and its compliance with any and all conditions of the existing
permit and the harbor permit policies as they exist on the date
of transfer.
Very truly yours,
CITY OF NEWPORT BEACH
By Dave Harshbarger, Captain
Marine Safety Department
CALIFORNIA COASTAL. ZONE CONSERVATION COhilf-11ISSION
SOUTH COAST REGION
Robert F. Rooney, Ph.D., Chairman Temporary Address:
Russell Rubley, Vice -Ch airman 925 Harbor Plaza, Second Floor
t
James A. Hayes, State Representative P.O. Box 1450
R
Louis F. Jobst, Jr., Acting Secretary' Long Beach, California 90801
Telephones: (213) 436-4201, (213) 435-2611
PERMIT NO.
VERIFICATION OF PERMIT
The Regulations of the California Coastal Zone
Conservation Commission, Section 51b, specifies that
no permit shall become effective until a copy thereof
has been returned to the Regional Commission, upon
whichall permittees have acknowledged that they have
received a copy of the permit and understand its con-
tents. You are therefore requested to verify the fol-
lowing statement after completely reviewing your permit
and return the signed verification to the Coastal
Commission within ten (10) working days following the
permit issuance.
The undersigned permittee acknowledges receipt of the,
.California Coastal Commissionts approval of Permit
Number and thoroughly understands the
contents of the permit, including any conditions imposed.
Date Permittee's Signature
Ck"RNIA COASTAL ZONE CONSERVATION COMMISS16��
SOUTH COAST REGION
Robert F. Rooney, Ph.D., Chairman Temporary Address:
925 Harbor Plaza, Second Floor
Russell Rubley, Vice -Chairman P. o. BoX14 5 0
James A. Hayes, State Representative Long Beach, California 90801
Louis F. Jobst, Jr., Acting Secretary Telephones: (213) 436-4201, (213) 435-2611
Permit No.
NOTICE OF COMPLETION
The California Coastal Zone Conservation Act of 1972, Public
Resources Code, Section 550, specifies that upon completion of a
project., authorized by a Regional Commission permit, the -
permittees' shall promptly complete the Notice of Completion and
file it with the Executive Director of the Coastal,Commiss-lon.
You are therefore requested to sign and return this "Notice of
Completion" at such time as the authorized project is complete.
The Executive Director, shall, within te� (10) wol�king days of
the r . eceipt of this Notice, inspect the �rea affected and sub -
of Compliance or inform you of
seque,ntly present a Certificate
any elements of non-compliance.
JsJon that work
The andersigned hereby notifies the RegLonal Comm -
7 3 /is complete and
authorized by Permit Number
ready for inspection.
Date Permittee Signature
CALIFORNIA COAVIAL ZONE CONISEUATION COMMISSIOk--,
SOUTH COAST REGION
Robert F. Rooney, Ph.D., Chairman
Temporary Address:
925 Harbor Plaza, Second Floor
Russell Rubley, Vice -Chairman
James A. Hayes, State Representative
Long Beach, California 90801
Louis F. Jobst, Jr., Acting Secretary
Telephones: (213) 436-4201, (213) 435-2611
RESOLUTION OF PPROVAL AND PERMIT
Application
Number:
P-2-20-73-.21
Name of Applicant:
Donald M. K611'.
1901 Dove
Street,
Newport Beach, California
Permit Type:
Standard
Administrative
Emergency
Development
Location:
corner of Newport Beach
Boulevard and
Via Lido
Development Description: Commercial building -office and
shops, 5 -level parking, 367 space structure and boardwalk
fronting 360 feet on Waterfront in -the area.of West Lido
Channel and Turning Basin - 33% open space and landscaping.
Main commercial - 2 stories, 60,000 square feet
Commission Re-lolution:
I. The South Coast Regional Coastal Zone Conservation Commis-
sion finds that the proposed development:
A. VM/will not have a substantial adverse environmental
or ecological effect in that:
It conforms to Section 27402, Public Resources Code
Resoluti-on of ApprG,, and Permit Page 2
B. IsAw—lfflat consistent with the findings and declarations
set forth in Public Resources Code Sections 27001, and
27302 YaL��
C. Is subject to the following other—resultant statutory
provisions and policies:
None
other statutory
D. Is/tx,=dK, consistent with the aforesaid
X
provisions and policies 31=hMt,,,
E. The following language and/or drawings clarify and/or
ent of the South Coast
facilitate carrying out the int
Regional Zone Conservation Commission:
None
Resolution of Approval and -P—ermft----
Whereas, at a public hearing held on March 19,- 1973
San Clemente
at
(location
by a unanimous t�6 vote hereby approve s/AbM4WMQWeO--
P-2-20-73-21 pursuant
the applicifion for Permit Number. -- 2 b -
to the California Coastal Zone Con7servation Act of su
ject to the following conditions imposed pursuant to the
Public Resources Code Section 2 .7403:
None
Said terms and conditions shall be perpetual and bi nd all
future owners and possessors of the property or any part
thereof unless otherwise specified herein.
IV.
Section 560 of the Regulations of the California Coastal Zone
Conservation Commission specifies that no structure or area of
land or water shall be used or occupied in the manner authorized
by the permit or in any other manner until the Executive
Certificate of Compliance with the terms
Director has issued a
and conditions of the permit.
V.
The I grant of this permit is further made subject to the fol-
lowing:
A. That this permit shall not become effective until a copy
thereof has been retur ned to the South Coast Regional
Conservation Commission upon which copy all permittees have
of the permit
acknowledged that they have received a copy
and urderstood its contents. S,aid acknowledgement sho-uld
be returned within ten workinE, days following issuance of
this permit.
B. That upon completion of the*activity authorized by this
the shall promptly complete the "Notice
permit permittee(s)
of Completion" and file it with the Executive Director of
this Regional Commission.
Resolution of Approval and Permit page
C. That said development to be commenced on or before
Ma I JQT�
VI. Therefore, said Permit (Standard,
Number- P-2-20-73-21 is hereby granted/6deudo& forthe above
described developm nt only, subject to the above conditions
and subject to all terms and provisions of the Resolution of.
Approval by the South Coast Regional Conservation Commission.
VII. 'Execu . ted at Long Beach California on behalf of
the South Coast gional Conservation Commission on
March 2��- 3
M. J. rp er
Execut e Di ector
Item No: A-2
PLANNING COMMISSION APPROVED USE PERMIT APPLICATION NO. 1636
ON
DECEMBER 14, 1972, SUBaECT TO THE FOLLOWING CONDITIONS:
The applicant shall enter into an agreement With the City
of Newport Beach to file the necessary parcel map -
That the existing water and sewer linescrossing the site
be removed where they conflict.with new building construn -
tion; and that the stubs be revised as necessary to serve
the new building or be terminated in a
to the Public Works Department.
3,
That the easements or portions thereof from which the
utility lines have been removed be vacated and abandoned.
4.
that all construction'work affocting�the wate'r and sewar
lines, and the street improvements within the public right-
of-way, be shoin on a standard plan prepared.by a licensed
civil engineer.
5.
That the applicant enter into an agreement with the City of
Newport Beach guaranteeing that the proposed remodeling of
the existing commercial and residential structures between
Via Oporto and Newport Bay will substantially conform to the
plans and statements submitted as Rart of this application,
andthat the remodeling be completed prior to Marc4 1, 1974.
This agreement shall be prepared in a manner satisfactory to
the City Attorney.and shall be executed prior to.the issuance
of any building permits.
6�
Prior to the issuance of building permits for the proposed
remodeling, the Department of Community Development Director
shall review the plans to ensure that the intent of this use
permit is fulfilled.
7..
That -the appliXint make an ir I revocable offer to dedicate,
public easement adjacent -Ab tbe bulkh6ad fort&-_ entire 360 -ft.
of bay frontage, and at least one easement extending from Via
Gporto to the bulkhead. Said easements shall be designed and
locateA in a manner meeting the approval of the Director of
..Community Development. These offers shall be exercised by the:
City upon completion of the remodeling or March 1, 1974,
1 vihichever occurs first.
8.
TQt approval of this -use permit does nat.include any approvq
a? plant for.the proposed expansian of the adjoining marina
facillty! however, 25 parking spaces for the marina expayion
havp- been provided.
That the applicant shall prepare plans for special streetscape
treatment along Via Oporto. Said plans shall be revietqed arid
approved by the City staff and the City Council -
I p
Th a t the arking. structure be constructed in substantial cam -
plianc, with the plans submitted,
11.
That the private alley behind the existing shops fronting on
Via Lida be designed in such a Way as to provide adequate
delivery space.to the shops -
P a q e. 'I of 2
It Cs -a
-IT.-in rn.,x%jpz(:Tn.A1 A A
rrj� �Vtu u3t VERMIT API)LICATM-1 NO. l,,sJ'5
I
ON DECEMBER. 14, 1972, SU OECT TO TWE FOLLO11,111-IG CONDITIO.NS:
The applicant shall dnter int gre.-einent with the city
111,
Of'Nat-iport Beach t'o jile tile noe'N'4'ary parcel :1 P
2. Th -at the existing wa.-der and sewer lines crossing the situ
be removed where they confl ict with- netj buil (ling cotist-l-tIC-
tion, and that the slus- b.p- re-v'ised as necessary to serv,,
the new building or ble tern, inated in a. inanner Satisfactory
to 'th e 4 P ub I i c Via rk, s Kp a rtmen t.
3. That the easements o portions t-hereo-1 -from wrhi'ch the,
L
utility lines have been removed be vacated and abandoned.
4. That all construction work aFfectinq the water atid setwer
lines, and the street improvements within the Public right -
o' -way, be shot -in on a standard plan prepared by a licensed'
civil engineer'.
5. That the applicant en' I ter int
Co an agreement with tile Ci-ty
L
Newport Beach guaranteeing that tilt- proposed remodeling
the existing.commerci , a] and residential structures between
Via Oporto and Newpori Bay will su6stantially conform -to th,_
plans and statements iubmitted as part of this application,
and that the remodeli 9 be Completed prior to 11-lat-ch 1, 1971).
This agreement shall e prepared in a manner setisfactory -to
the City Attorney and shall be exectited prior to t 11 e 'Isuj;lcV
of any building permi S.
6. Prior to the issuance of building permits for thc
re.�odellng, the - prouos�!d
Department of Community Development Director
shall review the plans' to ensure that the intent of this use
permit is fulfilled. !
7. That' --the applicant mal,,e an it -revocable offer to dedici:-e jj
.r
Public easement adjacent -to the bulkhead 'or*thn entire 3c,(,,
Of bay frontage, and dt least one ea"sement extending -Frori v;t-I
L. Shall
Oporto to ithe bulkhead. , Said easoinnni.s be desiqjrj,,l
locate.d in a manner md'eting the approval of th,_ Dit-ciccot, 01:
Col-MMun i ty De ve I OPmen t.1 These offers shal 1 be 0� ercised by
Ci -�Y Upon- con, pletion of the remodel i -ng or March 'I
whichever occurs first.
That approval of this : use permit does no-!ncjud2 any appr,-)vjj,,
0 r 1 1. 1
Oarls for the proposed expan'*
Sion of the adjo-ining ljlar_jl;-�j
acility; however, 25 parkin g spaces �or the marina exp;..11ls,0111
have been*provided.
That thf�- appTicant shall propare'plans for s p (.! c i s
L
treatiawnt along Via Oporto. Said pluaris shall be d a Id
a 1pp r o t;)e CitV St,
ved by 71 iff and the City Co,:ncil.
Th;,,- the parking structure be constructed ill
IMC111CC, Ilitil P'llo plans SUI)MiUlod. L L
L L -to alley befli-Ind
_ r) ri v a
4A
V i L , Mo be desigile(l, -in such I
delivery SVIcv-to the. s, . hops
.... ... ........
tile eyistin-.1 Shop', f
I'My i.)rov.
i (J E! a d v q 1.1a,
I tell) A
A-2
12- Tha t a validation sys 0- m Shall be iloplemented vj�jiclj ,.,ill
Provide short-term cu�tomer parking for the L-Xisting shops
01, Via Lido and all ne1w shops and offices.
13. That no'ne.of the parking spaces Shall be reserved.
That the Public curb arking Spaces, -not be removed Unti7
the parking . structure is conp3ated.
15. That 'the applicant initiate a reque7t to extend a center
ia
med n in Via Lido ac oss Central Ave*nue.
16. That left turns onto �iia Lido from the Via Lido exit be
prohibited.
/(Idb
12-15- 72
0,
k5l
Planning Commission Meeting December 14, 1972
Agenda Item No. A-2,
CITY OF NEWPORT BEACH
December 13, 1972
TO: Planning Commission
FROM- Department of Community Development
SUBJECT: Use Permit Application No. 1636 (Cont.Public Hearing)
Request to permit the construction of a public park-
ing garage that exceeds the basic height limit
within the 26/35 fooll" height limitation zone, and
t
the acceptance of an Environmental Impact Repor;1.
(EIR/NB 72-020)
LOCATION: Lot 1, Tract 1235, and a portion of Lot 2,
Tract 1117, located northerly of Via Lido,
easterly of Newport Boulevard, and southerly
of Via Oporto, in Central Newport.
ZONE: C-1
APP[-TCANT: Eastman-Koll Company, Newport Beach
OWNER: Don Koll Company, Newport Beach
Background
This item was continued from the Planning Commission meeting of
December 7, 1972. The staff has had a further meeting with the
applicant and has prepared the following additional information;
Height The staff, in the previous report, identified a number of
--bncerns regarding the justification of the increased height:
.a) Special treatment of public right-of-way. Theappli-
cant has not prepared any detailed plans at this tillif".
Final plans for any speci.al treatment of the public*
right-of-way will have to be coordinated with the
Department of Community Development and -the Public
,.Works Department, -and ultimately will have to be
approved by the City Council.
b)' Remodeling of existing structures. The plan showina
V 4 S U a I
th�e proposed Public Open Space on Page 14 of
e EIR represents'the ground -floor footprint of the
''Idings. These footprints generally reflect the
bui! -1
,existing sit-uation; however, one new structure is
proposed and certain portions of e-istin
A g builidings
will *be remiovled. 'in addition, there are existing
second floor "bridges" over a number of the passagewa
ys
which %,,,oljld remain.
Provisions -for guaranteeing c,ontinued public actess.
The, approval of this use permit should include con-
ditions of approval which require future remodel-ing
Item No. A -2
Planning Commission 2.
the plans as su,!')mitted. In addition
t o conform to
is -hat an irrevocable offer to dedicate
the staff fee
a public easement adjacent to the bulkhead and access
thereto should be required.
d) The scale of the propos--ed building. The applicant
has indicated that ther;=_� are a.number of existing
structur . e . s in the area which are nearly as high or
as i high as the proposed parking structure. The appli-
cant also -feels that the architectural treatment of
the proposed building.will,help to break up the bulk
Id reduce its visual scale. In addition, the applis-
an;
cant states that in order to reduce the overall height
or, the structure to comply with the basic height
limit of twenty-six feet, the total number of spaces
..wo,uld have to be reduced by one hundred. It should
be noted that. this is true only if the total amount
of shop and office space re I mains the same. By reduc-
i,ng,the retail space and increasing theparking space
on the fir . st and second floors, the height could be
reduced and still provide adequate parking.
e) The impact of the proposed structure on the existing
open space.,, Even though the surface parking lot is not
defined as usuable open space," it does provide open
"air space" in this area. However, any development,
be it the proposed parking structure or an alternative
development, would affect this to some degree.
Parking As the previous staff report states, there,are approxi-
mately 256 parking sp�ces currently in this area (including curb
parking and private and public off-street, but. excluding the exist-
ing residential garage spaces). Approximately twenty of the curb
spaces and 157 of the private off-street spaces woluld be removed
and replaced with 367 spaces in the proposed structure. This
would result in a total of 446 spaces (including 38 curb spaces, -
381 private off-street, and.27 public oicf-street),. This wo.uld
be a net increase of 190 spaces in the.area.
The present parking requ'irements in this area are difficult to
calculate. It appears.that all of the *existing commercial uses
are nonconforming in regard to parking although several of the
uses do provide some parking. (All of the existing 171 private
off-street spaces are used.) The proposed retail space in the
..parking structure would require 120 spaces, and the new building
and the remodeled buildings across Via Oporto would require an
additional 108 spaces. Thus, while the total number of parking
spaces is being increased by 190 spaces, an additional demand of
228 spaces is being created. However, it should be noted that all
of the parking requirements o -f this project are being met. Further-
more, two additional fa'ctors must be considered: 1) The medical
building will be removed and while this building does not meet the
Code -requirements for parking, it would require approxima+ely 25
spaces. 2) The existing surface parking lot is not required
parking and could be redeveloped at any time.
T n respnse to the staff's concerns relating to the operation of
pu
pl 4
the parking structure, the ap 1cant has stated that they intend
to provide a complete validation system for all of the new shops
and offices as well as the existing shops along Via Lido.
Item %o. A-2
P1 ann, commission 3.
T
Envi-ronmental Impact _B.,��ort (EIR/NB 72-020_
A) Open I Space - On Page 7 of the EIR, the open space figures
presented includelthe area devoted to the private alleys.
if this area (8100 sq -ft.) is deleted, the figures would
change as follow:
Total Land Area 50,380
Total Open Space 3,210
% Open Space .6.4%
B) Height See above
C) Alternatives The two major alternatives which have,not
been discussed in the EIR are 1) the'redevelopment of the
-surface . parking lot into new retail space with parking for
only the new space. The major i,mpact of this type of de-
velopment would be the elimination of existing parking.
And 2)., the redevelopment of the existing residential. and
4 L
commercial structures into condomi.nium or apartment
structures. The . applicant, however, does not feel that
t 4 S
hi is feasible within the density guidelines which are
being established. The major impact of this alternative
would be to preclude any chance of public access to the
bay.
Conclusions and Recommendations
The staff feels that the proposed parking structure, when considered
in conjunction with the remodeling of the exist -Ing commercial and
,residential uses across Via Oporto, will help to create a pleasant
and viable commercial area with a number of amenities, including
public access to the bayfront and convenient parking. Therefore,
the staff makes thefollowing recommendations -
1. The staff recommends that the Planning Commission
make the following findings in regard to $"he EIR:
,a) That the report addresses itself to the six
areas specifically referred to in Section 21100
of the Public Resources Code.
b) That the basic land use is compatible with.
surrounding land uses.
c) That the major adverse environmental -impacts
created by this project will be increased
traffic volumes and a chanae in the scale of
structures in the area.
d) That these impacts will be ollf-set by the
Bay
creation of new public access to.Newport
and will be minimized by the Conditions of
Approval of Use Permit ApDlication No. 1636.
Tl�g. staff f�urther recomimends 4,, n No. 1636
hat 'U1 s e Perimit Applicatio
be approved subject to the following conditions:
1. That a resubdivision application be,processed and
a parcel map be filed.
Item.No. A-2
7
Planning Commission 4.
2.
at the existing water and sewer lines cross ing the
-1te be removed where they conflict wiLh new build-
ing construction, and that the stubs be revised as
necessary to serve the new building or be terminated
4 Works Department.
in a manner satisfactory to the Public
3.
fbat the easements or portions thereof from which the
utility lines have been removed be vacated and abandoned.
4.
That all construction work affecting the water and
sewer lines, and the street improvements within the,
�public right-of-way, be sfiown on a standard plan
prepared by a licensed civil engineer.
5.
That the applicantenter into an agreement with the
City of Newport Beach guaranteeing that the proposed
remodeling of the existing commercial and residential
structures between Via Oporto and Newport Bay will
substantially conform to the plans and statements
submitted.as part of this application, and that the
remodeling be completed prior to March 1,,1974. This
agreement shall be prepared in a manner satisfactory
to the City Attorney and shall be executed prior to the
issuance of any building permits.
6.
Prior to the issuance of building permits,for the pro-
posed.remodeling, the Department of Community Develop-
ment Director shall review the plans to ensure that
the intent of this use permit is fulfilled.
7.
That the applicant make an irrevocable offer to dedicate
a public easement adjacent to the.bulkhead for the
entire 360 ft. of bay frontage, and at least one ease-
ment extending from Via Oporto to the bulkhead. Said
easements shall be designed and located in a manner
meeting the approval of the Director of Community De-
velopment. The.se offers shall be exercised by the
City upon completion of the remodeling or March 1,
1974, whichever occurs first.
8.1
That approval of this use permit does not include any
approval of plans for the proposed expansion of the
adjoining marina facility.
9.
That the applicant shall prepare plans for special
streetscape treatment along Via Oporto. Said plans
shall be reviewed and approved by the City staff and
the City Council.
10.
That the parking structure be constructed in substantial
compliance with 'the plans submitted.
11.
That the private alley behind the existing shops front-
ing on Via Lido, be designed in such a way as to provide
adequate delivery space to the shops,
19.
-hat a val Idation syster shall 1 e implemeanted w h i c h
will provide short-term customer park -Ing for the
existing shops on Via Lido and all new shops and
offices.
Item No. A-2
51�wl'
Planning Commission
5.
13. That no more than fifty spaces
daily,
be Used for long -
weekly or
term (all day) parking on a
m -hly basis.
ont
14. That the public curb parking spaces
not be removed
until the parking structure is
completed.
1 5. That the'applicant initiate a
request toextend
Central Avenue.
a center median in Via Oporto
across
16. That left turns onto Via Lido
from the parking
structure be prohibited.
DEPARTMENT OF COMMUNITY DEVELOPMENT
R . V . HOGAN, Director
By
WILLIAM R. FOLEY
Senior Planner
WRF/kk
Item No. A-2
N'.
Commission Meeting December 7, 1.972
Planning
Item No. A-9
CITY OF NEWPORT BEACH
December 6, 19.72
TO Planningtommission
FROM: Department of Community Development
'ion No. 1636
SUBJECT: Use Permit Appli aL
'Cruction of a pub,lic parkin-g
Request to.permit the cons ht lim.it within the
garage that exceeds t.he basic heig
26/35 foot height limitation zone, and the acceptance
.of an Environmental Impact Report #cLTR/NB,72-020.
LOCATION: Lot 1, Tract 1235, and a portion of Lot 2, Tract
1117, located northerly of Via Lido, easterly Of
Newport Boulevard, and,southerly of Via Oporto, in
central Newport.
0 N 7E - C-1
APPLICANT: 'Eastman-Ko.11 Company, Newport,Beach
OWNER: Don Koll Company, Newport Beach
Application
11,is application involves a number of different.co.nsiderations.
P ecifically, the applicant requests:
1. A Use Permit to permit a public garage in the C-1 District
2. A Use Permit to exceed the ba.sic height limilt in the 26/35 foot
height limitation district.
o r
Acceptance of an Environmental Impact Report project..
t to allow the parking structure to
4. An off-site parking agreemeni,
provide the required.parking for the proposed shops.
In order to tie the entir . e project . together and to�facilita.te the
review of this application, the staff has.combined all of these
various considerations into a single application.
Proje Descr.iption
The basic concept of this proposal is to construct a multi -story
commercial parking structure in conjunction with the remodeling
of a nuniber of existing structures and the addition of one new.
11 mmerci al ' �evel opment woul d
si-, ru ct_u "�rci,1C 4 n o on the Ba ihe co
c on s i s t, o f a �,Ti i x tur e o f r e t a i I s I-- o r e s and offices. The park, i -ng
4- L res and offices
st-ructure would also contain s o m e -n evi re�.ail sto thin the
anid would provide parking for both the new faCilities w i
a "lities across Via Oporto.
structure and for the remodeled ficit
Specifically, the parking structure would contain 367. parking stalls,
12,502 square feet of office space, and 17,630 square feet of shop
space. The remodeled structures would contain 14,934 square feet of
off -ice space and 14,934 square feet of shop space. The total parking
requirement for all new and remodeled retail and office use would be
approximately 240 spaces.
Item No. A-9
TO: Planning Commission 2.
In addition to the new construction and the remodeling, the applicant
proposes t -o tie the entire project together throughthe use of
L-ment, special streetscapes, and common
common architectural treat
building materials.
Existing Land Use..
-his
The entire area..is currently zoned C-1. The central portion of I
area is currently developed with some medical offices, which will be
removed, and a surface level parking lot. This area would be the
location of the proposed parkinq structure. To the North and East
of this area, between Via Oporto and the Bay, the property is de-
veloped with the Elk's Club, Berkshire Restaurant, and amixture of
To the
shops and offices, and a number of apartment structures.
South of this area, the property contains a number of shops and
offices fronting on Via Lido. To the South and West of the c.entral
area is the Bank of America and across Central Ave.,, an ARCO service
station and the Bay Lido office building.
Anal ys.i s -
Land Use.
This entire area is substantially developed with commercial uses
and the proposed uses are compatible with the existing uses. The
primary question to.be answered in regard to Land Use is the in-
tensity of development which can be supported in this area without
overloading the various support systems. This question is dis-
cussed in greater detail below.
2. Height.
The applicant has requested permission to exceed the basic he.ight�
limit up to 305 feet for a portion of the parking structure. The
Height Ordinance spells out four definite criteria which must be
met in*orde*r for the Commission to approve the request. The
four cri.teria are Tisted on, page 1.2 of the E.I.R. and the appli-
cant's comments on each of the criteria are on page 15 of the
Cempts
E.I.R. The staff feels that generally this application at".
to meet the four criteri.a. However, a number of questions.de-
serve more detailed review:
a. The special p aving, . treatment, and design of.the, public
t o.
right-of-way for Via OporL
More details on the remodeling of' existing buildings,
particularly.concerning sections of buildings�to be
removed.
C. Provisions for guaranteeing continued public access to
the bay front (including the possibility of a public,
easement).
d . The scate of the proposeu park-ing st-ructure in relai-lionship
to surrounding buildings.
e. The impact of the proposed structure on the currently
the existing surface
existing open space around and above.0
parking lot.
3. Traffic.
The applicant has submit -ted a traffic report which is summarized
in the Environmental Impact Report. This report indicates that.
de -F4 ni
there will tely be an increase in traffic in this area,.
ltem� No.
TO: Planning Commission 3.
A. he report estimates that there will be a 59%
Specifically,
increase in the number of vehicular trips attributed to the
existing land uses in this area. The main impact of this
increase would be felt on Via Lido and at the signalized
intersection of Via Lido and Newport Boulevard. Via Lido has
a maximum-capAcity of 600 - 800 cars per hour per lane or
1,200 - 1,600 cars per hour in one direction. Traffic counts
taken in 1969 indicated that actual maximum loads were 600
cars per hour in one direction. While this count has probably
Ancreased between.1969 and.the present, it can be concluded
that Via Lido could accommodate the increased traffic 1 oad
within its present capacity.
The report anticioates some delays in left turn movements from
southbound traffic on Newport Boulevard onto Via Lido but con
cludes that this delay w.ould be slight and would occur only
at peak ho.urs.
The Traffic Report makes a number of conclusions and specifi-
ructed -in Via
cally recommends that a center median be consts
Lido opposite Central Ave. and that left turns onto Via Lido.
from the proposed parking structu . re be prohibited.
The City Traffic Engineer has reviewed the Traffic Report and
concurs with the estimated increase in traffic volumes. He
sion that the existing street
also concurs with the.conclu
system could accommodate the increased loads. He agrees with
the recommendations,concerning the center median on Via Lido
and.the restriction�of left turns. In conclusion, the Traffic
Engineer feels that this project would increase traffic. but
that this increase could be absorbed within the existing
street system if the project warrants approval in oth, er respects.
4. Parking.
Most of the existing businesses in this area are legal non -con -
M4 85 metered
for ing uses in regard to parking. There are
parking spaces in the area and some 171 off-street. parking
e located in the main lot.
spaces of which approximately 110 ar ng
Although this parking lot is used to meet some of the parki
needs in the area, it shou'ld be pointed out that this is a
private lot and is not required parking. Thus, the total existir,9
parking is 256 spaces. Approximately 20 of the metered spaces
and 157 of the off-street parking would be eliminated and re-
placed with the 3067 spaces in the structure. Thus the tota.1
parking would be 446 spaces if this project were approved. This
Would be an increase of 190,spaces.
The new offices,and shops in the struc,ture would require approxi-
mately 120 spaces. In addition, the conversion of the existing
1 -
residential uses to commercial uses would require additional
parking. However, more information is needed to determine the,
--i al and
number of square feet currently being used for residen�'
X L
or commercial in order to determine the exact iperzease in re
quired parking.
In addition to the abovediscussion concerning th e n u m1r; e r 0
I the avaiTable
spaces, the staff is,concerned with the.use 01 he
--o the operation of the proposed
spaces particularly in regard t L, ed in the
parking structure. What fees, if any, will be charg
parking structure? Will there be a validation system? The
ion system
staff feels that there definitely should be a validat)
for customers of the shops.
item No.— A-9
Page I of 2
�A� a�
mmi ssi on 4
TO: Planning Co
5. Environmental Impact Report #'EIR/NB 72-020.
In accordance with the State Of California Environmental Quality
Act of 1.9.70, does the report contain detailed statements setting
forth the following: YES NO
a. The probable impact. ofthe proposed
rV1
-otal environment. UJ
project on the 41,
b. Any probable adverse environmental effects
which cannot be avoided.
c. Mitigation measures proposed to minimize
rV_1
the impact. 1AJ
rVI
d., Alternatives to the proposed project.
e. The relationship between local short-,
term uses of man s environment and MV
enhancement of long-term.productivity. IX,
rievable com
f. Any irreversible and irret
mitment of resources which would be in
vblved in the proposed action should it rV
be implemented. JAJ
The E.I.R. covers all of the considerations required by law
and does refer to the questions of -land use,height, traffic,
and parking referred to above. However, the staff would
recommend that the following information be added or clari
fied:
a. The discussion of open space should be clarified and the
areas included in the.calculations should be clearly
identified..
b. The questions regarding the justification for increase I d
height referred to above should be answered.,
C. I The potential alternatives should be more. thoroughly re-
viewed and discussed.
Conclusions and Recommendation
The staff feels that this proposal hasa number of advantages over
alternative uses whIch.could be made in this area. However, the
staff feels that the questions raised in this report should be
,more thoroughly explored before any action is,taken on this appli-
cation. Therefore, the staff recommends thaL this I teT11 be con.-
tinued to the meeting of December 21, 1972.
0 P M IN: T
-.N T 0 F C r) MM U N i T Y E
vIi-, -
D E P Alj? D
R. V HOGAN DI RECTOR
By
Wil liam Foley, S_e�- �Planner
WF/ddb
Attachments: Plot Plans and Elevations
item No. A-9
:3 Viq
CoIdWell.Banker
AND COMPAN
2333 NORTH BROADWAY- SANTA ANA, CALI FOR NIA 92706 - (714) 541-5221
ESTATE -PROPERTY MANAGEMENT -FINANCING -APPRAISAL- I NSU RANCE
July 2, 1971
City of Newport Beach
Harbor Permit Department
3300 Newport Boulevard
Newport -Beach, California 92660
Re: Lido Plaza R. P. Connally
3424 Via Oporto
Newport Bea ' ch, California
Harbor Permit #124 3434
Gentlemen:
Please be advised that effective July 1, 1971, we are no longer
Managing Agents for the Lido Plaza Building located at 3424 Via
Oporto, Newport Beach, California.
Please direct all future correspondence and billings to the new
owner as follows:
Donald M. Koll
C/O Robert B. Rohrer, Accountant
318 North Newport Boulevard
Newport Beach, California
May we take this opportunity to thank you for your cooperation i -n
the past.
Yours very truly,
COLDWELL2 BANKER &
'L "WE L L 2
urt Effler
KE:jg
CAbI FOR N IA -ARIZONA -TEXAS -WASHINGTON
Re: Transfer of Harbor Permits No.'so
124-3336, 124-34,00, an& 124-34,08
Pursuant to -our phone 'conversation on March 2, 1971., 1
, wIll outlinei the pier deficiencies -which will need correction
prior to,transfer:
go. 124-3336 (Southeasterly of Imperial Savings)
1. General structure, particularly the decking,
appears poor.
2. There are a few rotted stringers where the
northerly fingers attach.
No. 124-3400 (Northwesterly of Imperial Savings)
1. Fire.extinguishers have not been checked
since November 1, 1967.
2. Electrical system has broken conduit at the
bottom of the,ramp,, and one electrical outlet
in the center of the head walk appears burned out.
No. 124-3408 (Adjacent to No. 124-3400)
1. Condition of these slips is generally good with
exception of a few loose boards and the need for
servicing of the fire extinguishers.
If you will contact me after these deficiencies have been
corrected, I will re -inspect the piers. If you have any questions,
please feel free to contact me at City Hall or phone 673-2110.
Yours truly,
DONALD S. SANFORD
Harbor & Tidelands Aide
LIDO BOAT SHOW
ANCHOR PILE CALC.
It is Customary to add 10% of the load
for areas on the lee side of the headwalk
when calculating piling loads. Therefore,
we are assuming that the existing docks are
in the lee when the temporary docks are in
Position, and will use 90% of the.capacity
of the existing piling that are adjacent to
connection points to assist in the temporary
docks.
The contractor states that his experience
with previous driving has shown 6 to 8,+ of
typical Newport sand and then firm clay,
which he drives into approximately 4'.
Four 1011 Pipe Pilings have been used
in the past to secure the temporary docks.
0
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41
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LAU:Z(A U.-:,-, C 17-( CL5RK
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L - 21486 RECOpcED
C! - Ty C- ,-' !� OFRCIAL R
IN.
OF OR.ANGE COUNTY, CAIJ1760
33CO
ARD
CH C
ALIF. 92660 9:05 A.U.
MAY 211974
AGREE14ENT JE ' unty
_i:(Irder I
L ME CARLYL� Cc -ecorder
This Agreement is made and effective this Z,4
day o 1974, between IMPERIAL SAVINGS AND LOAN
ASSOCIATIOt("Imperial"), DONALD M. KOLL ("Koll") and the
'CITY OF NEWPORT BEACH' 'the City")
with reference to the fol-
lowing facts:
A. ��-'Im erial is the owner of that certain real pro perty
p
..�.desc'ribed in Exhibits "A" ("Parcel 1") and "B" ("Parcel 2 at-
--tached hereto and b this reference
y made a part hereof.
B. Koll is the owner of that certain real property des-
cribed in Exhibit' �n It (11
C Parcel:3") attached hereto and by this
.reference made'a part hereof.
C- Imperial has agreed tO�sell Parcel 1 to Koll pursuant
to an Agreement of Purchase and Sale of Real Property between
Imperial and Koll.
D. -The Planning.Commission of the City ha
s approved a
Resubdivision (Resubdivisio'n,No. 433) allowing the sale of
the property
to Koll on condition that prior to the recording
of a Parcel Map, Imperial shall furnish the City with an agree-
ment satisfactory.to,the Director of Conn -unit y Development and
the City Attorney guaranteeing . the construction of -a boardwa lk
for reasonable public *
access bayward of a portion of Parcel 2.
THEREFORE., the parties hereto agree as follows:
I I 149K 1452
1. A,boa.rdwalk-for reasonable public access' bayward of
portion of Parcel 2("the boardwalk"), extendingJorty-7seven
(47) feet southeasterly of Parcel 1 shall belconstructed"by Koll
at no expense to Imperial. The oublic access referred to herein is
pedestrian access.
Said boardwalk shall be so constructed as to provide
..a southeasterly extension of the boardwalk proposed for const+ruc-
--Par
by.Koll ba
yward of cel I and shall be completed within one
ar following the recordation of the Parcel Map of the Resub-
*I'd' I sion. (See plot plan attached hereto as Exhibit "A- 1
vi
perial shall llow public access to the boardwalk
m
a
o ver a portion of the concretesidewalk located bayward of the
':.:two-story building on Parcel 2. Imperial shall allow access to
-the-concre te sidewalk-overthe parking lot located on Parcel 2.
Access from the concrete sidewalk to the boardwalk shall be con-
structed by Koil at no expense to Imperial.
4. -walk is ever utilized by Imperial
1,�If the concrete side
pr1its successor-in-interestf
to expand the two-story building;�
'pow located on Parcel.2:or to construct another building ii
n
s- P ace,, the rights of the public to access to the boardwalk
�across the concrete sidewalk shall terminatd.
5. This Agreement.shall be recorded in the Office of the
Recorder of Orange County, together with the following notice
specified in.S813 of the California Civil Code:
-2-
9ft 1453
:"The right of the public or any.person to -make any
use whatsoever -of the above described land or any pqr-
tionmthereof (other than any use expressly'allowed by
awritten or recorded map,.
agreement, deed or dedication)
is b- permission, and subject to control,.of:ox-mer:
y
Section.813, Civil.Code."
Upon commencement of any expansion or construction on the
area now utilized as a concrete sidewalk, a notice of revocation
-of the 9813 notice shall be recorded by Imperial in the office of the
Recorder of orange County. A copy of such notice shall be mailed
by Imperial to the City Attorney of Newport 13each and to Koll.
..�:�!The notice of revocation shall state that*the rights ofthe public'
-to access over the concrete sidewalk are terminated but that the'�.
rights of the public to access to the extended boardwalk over
:,the parking lot located on Parcel 2 shall continue as provided
in this Agreement.
6. In the event of such termination, Koll agrees to con-
struct an extended.boardwalk southeasterly of the boardwalk bayward
of Parcel 2 as may be required by the City. Construction of such
extended boardwalk is not a condition precedent -to the termination
of the right of public access across the'concrete sidewalk.
7.1.1 The rights of the.public to access over the concrete
sidewalk shall be terminated upon construction of a boardwalk
extending southeasterly of the presently proposed boardwalk bayward
of Parcel 2, whether or not the concrete sidewalk still exists.
If such a boardwalk is ever constructed by I.mperial, Ko -11 or any
-3-
I 149K 1454,
other person ot-entity,-then Imperia-l...may record a notice of re-
vocation,as provided in Section 5 hereof and the�right of publi
ic
access over the concrete sidewalk shall immediately terminate.
A copy of such notice shall be mailed by Imperial to the-City.Attorney
of Nevrport,Beach and to Koll.
8. Upon construction of an extended boardwalk southeasterly
..,.-...of the boardwalk to be constructed bayward of Parcel 2: Imperial
shall. allow public access to the boardwalk over the parking lot
-located on Parcel 2.-. Ac -cess from the parking lot on Parcel
2 to the extended boardwalk shall be constr
ucted by Koll at no
expense to Imperial.' The location of such access shall be de-
signated by Imperial.
9. -If Koll or- his succesaor-in-interest constructs'a
boardwalk bayward of Parcel 3, Koll covenants and�:agrees to
:allow public access to- such boardwalk over Parcel 3..
Koll's agreement to allow public access over Parcel
3 to any boardwalk constructed bayward of Parcel 3 is a covenant
made expressly for the ben efit of Parcel 2 and 'is intended
by Koll and Imperial to be a covenant. running with both Parcel
2 and Parcel 3 as provided in Civil Code Section 1468. Said"
'covenant effects the use of Parcel 2 and is expressly made
binding upon succes'sive owners of Parcel 3 for the benef it of
Parcel 2.
10. Upon construction of a boardwalk bayward of Parcel
3,, Imperial may re -cord a notice of revocation of the S813 notice,
provided for in Section 5 hereof, in the office of the County
Recorder of Orange County and mail a copy of such, notice to the
M110
455:
City Attoiney-of-New'port.Beach and Koll.. Said 'notice shall
,state that all rights of the public to access over the parking
lot.on Parcel 2 and all public access across Parcel 2 provided
under the terms of this Agreement is terminated.
11. Nothing contained herein shall be construed as an
express or implied dedication of any rights to the boardwalk
or ofany easement or access rights, or any other rights over
�the
property of Imperial or Koll, to the public and no common
law.dedication of access or easement rights, or any other rights
over the property of Imperial or Koll or over the board-
walk shall arise by virtue of, the terms 'of this Agreement.
12. Nothing contained herein shall be construed. st'an
a.
express or implied grant or dedication of any right of the_
public to park vehicles in the parking lot located on Parcel 2.
Parking privileges in that lot shall continue to be reserved
for invitees of Imperial or its-suc . cessor-in-interest.
13. Imperial may take such reasonable safety and security
measures.as it deem -s necessary to protect its business or
property-includingrestricting public access to portions of
Parcel:2; Provided, however,ithat the
public shall not there-7�
by be denied reasonable access to the boardwalk
.as long as this
Agreement is in effect. -
14. Koll is presently leasing from Imperial the property
bayward of Parcel 2. Therefore the boardwalk, and any extension
thereof, bayward of, Parcel 2 shall be. maintained.and repaired by
Koll.
-5-
I 1-49M 1455
1.5. 'This Agreement is to be executed by the Mayor of the
city pursuant to a duly adopted resolution of the City Council
of'Newbort Beach.,
16. This Agreement and every covenant - and condition con-
tained.herein shall be binding upon and shall inure to the benefit
. o f the parties hereto, their heirs, personal representatives,
successors or assigns.
17. The parties hereto may seek injunctive or other appro-
priate relief to enforce. the terms of this Agreement.
18. In the.event that
any party hereto shall institute any
legal action or proceeding against the other party on account
of the other's failure or* refusal to perform or fulfill any
--of the terns of this Agreement on his or its part to be performed
or fulfilled, then.it is agreed that in any such action or pro-
,ceedinq the prevailing party shall be entitled to its reasonable
costs therein and such further and additional sum as and for its
attorneys' fees as the court in such action or proceeding may
adjudge to be reasonable.
19. Whenever pos:�ible, each provision of this Agreement
shall b . e interpreted in such:manner as to . be valid under appli-,
cablelaw, but, if any provision of this Agreement shall be
deemed invalid or prohibited thereunder, such provision shall be
ineffectiveto the extent of such prohibition and invalidating
which�shall not invalidate the re*ainder of such provision or
m
the remaining provisions of this.Agreement.
STATE OF CALIFORNIA
COUNTY OF "San Diego SS_
On APALP 19- 197.4 before me,
tile undersigned, a Notary Public in and for said County and State,
personally appeared HaAAy H. HoMu,6en
known to me to � be the --President, and
GAace H. HuqW known to me to be
AAJUAtant —Secretary of the corporation that executed the
within I n 'strument, known to me to be the persons who executed the
within I " strument. on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
directors.
Sij;nature—
U2
Name W�ed or. Printed)
Notary Public in and for said County and State
1458
FOR NOTARY SEAL OR STAMP
OFFICIAL �z'L
1)0M':!A L. H
PUBLIC
rc
10
SA4 DIEGO COullily
hly Commission E:(Pir-2s Feb. 15, .977
TO 447 C
11ndivilua 1)
STATE OF CALIFORNIA
COUNTY OF ORANGE
SS
On April -30, 1974
before me, the undersigned, a Notary.Public in and for said
State, personally appeared DONALD
M. KOLL
known to me
(L
< to be the person whose name is
subscribed
u, to the within instrument and acknowledged that he
exe cuted the same.
WITNESS my hand and official sea].
OFFICIAL SEAL
DIANNE J. HARTFORD
NOT.AW PUBLIC -CALIFORNIA
Signature
PR,NCIP.').L QFFiCE IN
Jz�
ORANGE COUNTY
DIANNE J. HARTFORD,
My Commission Expires April 19, 1975
Name (Typed or Printed)
(This arca for official notarial $call
�W_�t 4�\ Mav 13. 1974
CONSENT CALENDAR:
x IThe -following'items were app . roved by one motion affirm -
ing the actions on the Consent Calendar:
INDEX
1. The following ordinance was introduced and set. for
public hearing on May 28, 1974:
\Proposed Ordinance No. 1562, being, AN ORDINANCE Dist
F THE CITY OF NEWPORT BEACH REZONING Map 4
P OPERTY AND A -MENDING DISTRICTING M -AP 0-1562
N O)�
.�4t, Planning Commission.Amendment No. 431,
,ezo ng property located at 212 Riverside Avenue,
on the\�outheasterly side of Riverside Avenue
northerl�, of Avon Street, adjacent to Newport Height. Sol
from an R District to the C -l -H District. �(A report
I
from Comm ity Development Department was
4. A. I
2.
The following res\glutions were adopted:
Resolution No.. 8245 warding a contract to Sully -
Miller Contracting Co.\for streiet resurfacing, Ford
Road and Bayside Drive\,1973-74, Contract No. 1614.
(A report -from Public Wor,\ks Director was presented.)
Resolution No. 8246 awarding contract to Consoli-
contra c ' t'
dated Construction Corp. for co truction of addition
to the Automotive Parts W'arehous Contract No.
C
1572. (Areport from Public Works was
presente.d.-)
Ford Rd &
Bayside Dr
Re surfac -
ing
R' -8Z45
Automoti"'..
Parts
Warehous,-.
R-8246
Resolution o. 8247 authorizing executio of an
HB Wate r
agreement between the City of Newport Be*&Ph and
Line
Covington Brothers in connection with the di osition
.
Easement
of water pipe across certa in real property loc ted in
R-8247
the City of Huntington Beach and further authori ing
rjX�Vthe execution of a. Quitclaim Deed relinquishing -t
City's i ' nterest in said property. ( A report from
Public Works Director was presented.)
Resolution No. 8248 authorizi'ng execution of an
amendment to lease between the City of Newport
Beach and The Irvine Company extending the term
,Of the gronnd lease of the temporary storage yard at
Fifth and Dahlia Avenues. (A report from Public
Works Director was Presented.)
Resolution No. j2
19 authorizing execution of an
agreement between the City of Newport Beach, Imper-
ial Savings and Loan Association and Donald M. Koll
for boardwalk and public access in connection with
Resubdivision No. 433. (A report from Community
�evelopmentDepartment was presented.)
0 * s
S 0 ge
Ya r d
R - 8 %24
Lido
Village
R-8249
t-
O-MWSSIONEI
0
"OLL CALL7 5—n
Present IX
Absent I
X1 X1 *
X
i.v
N
C I T). EVVP
Me, t
R:e'
Ui ar�� ann In g dommi s s i on' e n g
Pl ace ty'. Counci I-,..Chamb'ers MINUT.61S
Time: 3:30 P.W
.February 21
fNOFX
*Arrived at 7:00 P.M.�
T-E-��-UICIO MEMBERS
R. V. Hoga -" mmunity Development Director.
2 . 1��m U 2 11
David R. Baa e,, lk-s-�stant City Attorney
BenJamin B. Nolan, C
STAFF MEMBERS
James D. Hewicker, Assistant'Dir6ctor ---PU i
I
Hilliam R. Foleyi Senior Planner
ShirleyL. Harheck, Secretary
Item A --
ti on,. ban. Di ego,
Engineer: Raub.- Bei n...Frost & -Ass6 co 91
Newport Beach
Community Developrdent'Direc'tor-Hogan-reviewed and
clarified Condition No*.5.as recommended by the
staffwhich wil.l**-insure..publlc access,:adjacent to
the. Bay.,by-means .-of-.a.-b.oardwalk: and-,walkw.ay.
Publ.ic he'ar in s. opened. .i'n connec tion.wi tfi�.this
matter,*
I -d'
res e o
Do n:..K o 1. ,Company,,.
appeared:,�b�f,6ri-.,-t�'i�.-:Pl6hhing�-,�:tommitslo*nz"and-.I -
91.As-,�,,re ommend
W fith,*,th'e-� n4i�tion e
im
M
f f Z", RZ i
�. 7 f" -1,; , R �q A. At. 7 N
I, - L" A
�Vi �-.W
Request to create two . parcels of land where 7 lots
RESUB-
and portions of 2 other-lots.now exist.
DTTr:�—jr
k
NZ 4 "IF
Location: ''Lots.**.8 thr'Ough'14 an'd portions of
Lots 7 and 15, Tract 1622, located :APPROVi
at 3366 Via Lido on..�,the.nortb-
CONDI-
easterly. side of. Via-Lido7,.south--
TTUWLL'
'easterly.of Via-Oporto,."I.in the Lido
:'Vi I I a ae Area.
Zone: C -1! -Ii
Applicant: Don Koll Company, Newport Beach
Owner:.. Imperial Savings and Loan*.Ass-ocia-
ti on,. ban. Di ego,
Engineer: Raub.- Bei n...Frost & -Ass6 co 91
Newport Beach
Community Developrdent'Direc'tor-Hogan-reviewed and
clarified Condition No*.5.as recommended by the
staffwhich wil.l**-insure..publlc access,:adjacent to
the. Bay.,by-means .-of-.a.-b.oardwalk: and-,walkw.ay.
Publ.ic he'ar in s. opened. .i'n connec tion.wi tfi�.this
matter,*
I -d'
res e o
Do n:..K o 1. ,Company,,.
appeared:,�b�f,6ri-.,-t�'i�.-:Pl6hhing�-,�:tommitslo*nz"and-.I -
91.As-,�,,re ommend
W fith,*,th'e-� n4i�tion e
im
M
f f Z", RZ i
�. 7 f" -1,; , R �q A. At. 7 N
I, - L" A
�Vi �-.W
No
�ESUBDIVISION APPLICATION
I BEACH
CITY OF NEWPORT F ee $125.00
-Department of Commun*ity-Deve lopment
Zoning �and Ordinanca Administration Division
3300.Newport Boulevard
Phone (714) 673-2110
833-3030
Appl ican Don Koll Compary Phone
'19 . 01 Dove Street* Newport Beach, California
Mailing Address
Property Owner Same P ho n e Same -
Mail i ng Addre s sSame 3 3
Location of . Property*Involved Northeasterly of Via Lido and southeasterly
of Via Oporto.
Zone C -1-H Present Use Commercial
Legal Description of Property -Involved (if too long, attach sheet)
The northwesterly 20-00' of lot 7, the southeasterly 40.00' of lot 15 and all of
lots 8 through 14 of Tract 1622, as shown on a map recorded in Book 47, Page 39
of M.M. records'of Orange County, California.
List any exceptions requested from standard subdivision requ . irements
Daie
Signature of Owner
January 11, 1'974
Da te
71griature ot AppT-1-cant or hgent
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
D,O NOT CO . MPLETE APPLICATION BELOW THIS LINE
Date Fi I I ed -_7 Fee Pd Rec e i pt No ._7 -7 --1 a'01
P.C. Action
D a t e Q I
Appeal filed by
C.C. Hearing_, C. Action
Da te
RESOLUTION NO. 8249
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
I ON OF
OF NEWPORT BEACH AUTHORIZING THE EXECUT.A.
A P AGREEMENT BETWEEN THE CITY OF -NEWPORT
N
IATION,
BEACH, IMPERIAL SAVINGS & LOAN ASSOC
AND DONALD M. KOLL, FOR BOARDWALK AND PUBLIC
IN CONNECTION WITH RESUBDIVISION NO. J -
ACCESS J -
WHEREAS, there has been presented to the city Council
of the City of Newport Beach a certain.agreement between the
City of Newport Beach, Imperial Savings & Loan Association,
and Donald M. Koll, for boardwalk and public access in
connection With Resubdivision No. 433; and
WHEREAS, the City Council has considered the terms
and conditions of -said agreemeut and found them,to be fair and
equitabi-e, and in the best interests of the City;
NOW, THEREFOR8, BE IT RESOLVED by the City Council
of the City of Newport Beach that said access agreement above
described is approved, and the Mayor and City Clerk.are hereby
authorized and directed to execute the same on behalf of the
City of Newport Beach.
ADOPTED this 13th day of May, 1974.
ATTEST:
City Clerlk
CV,,T!7"JED AS T"-"-1 0-.1G;"111AL
CITY CLLRX C1. 11
DATE, �;j "�y
CE . T Cg!ftCT COPY
P? CITY CLERK OF THE CITY OF NE 'T
DATE:
"q PC
mh
�Y' 5/10/74
>
-t-OMMISSIONERS '-_;�ATY OF N EWPORT BE�-CH
4, Adjo
3P urned Planning Commission Meeting
70
A Chamliers
Place: CQunci 1
Time: 7:30 P.M.
ROLL CALL Date: December 14, 1972
Present X xx x xx
Absent x
Motion
Ayes
Abstain
Absent
Motion
Ayes
Absent
MINUTES
EX-O'FFICIO MEMBERS
R. V. Hogan, Community Development Director
David R. Baade, Assistant City Attorney
STAFF MEMBERS
James D. Hewicker, Asist. Community Development Dir.
William R. Foley., Senior Planner
Dottie Banks
YMinutes
of the Regular Meeting of November 16, 1972
X
XX
X
Ywere
approved as written. Heather abstained due to
x
the fact that she was absent from the meeting.
x
YMinutes
of the Adjourned Meeting of November 30,
X
)X
X
Y1972
were approved as written.
x
Item A-!
E.I.R.
�Environmental
Impact Report of Koll Center Newport
filed in conjunction with the Tentative Map of
T -ENT.
Tract 7953 (Revised) to permit the subdivision of
TRACT
166.343 acres ifito fifteen lots for commercial and
'7953
industrial deve7opment. #EIR/NB 72-005R
APPROVED
Location: Portion of Block 50, Irvine's Sub-
division, located at the northeaster-
ly corner of MacArthur Boulevard and
Jamboree Road (Collins Radio
Property).
Zone: P -C
Applicant: Collins Radio Company, Newport Beach
Owner: Koll Center Newport, Newport Beach
Engineer: Raub, Bein, Frost & Associates,
Costa Mesa
Chairman Gl ass revieved the application and opened
the Public Hearing.
Page 1.
COMMISSIONERS
�-_JTY OF NEWPORT BEA H
Rnti rAll norpmhor iA 1079
I i, � � 1� Pt! � Ile � � ''. ,
MINUTES
INDEX
Timothy L. Strader, attorney at law representing
the applicant and owner, appeared before the
Commission and stated they accepted the findings of
the staff as reported.
In response to the Planning Commission, Assistant
Community Development Director Hewicker stated that
with respect to the extension of Campus Drive across
the San Joaquin Marsh, it was under consideration
by the City of Irvine.
In response to the Planning.Commission, Robert Bein
of Raub, Bein, Frost & Associates stated that with
respect to road drainage that goes into the San
Joaquin Marsh, most of the water runoff doesn't get
to.the marsh and 20% is being controlled in an
existing water system.
There being no others desiring to appear and be
heard, Chairman Glass closed the Public Hearing.
Chairman Glass stated that the word "minimize" in
Finding No. 6 should be changed to "mitigate, to
a degree". Commissioner Martin concurred.
Discussion followed on fire service and fire station
site, and Commissioner Heather added Finding No. 7
to the following motion.
Motion
X
The Planning Commission approved the following
Ayes
X
X
X
)X
Xfindings:
Absent
X
1. That the E.I.R. covers the six requirements set
forth in Section 21100 of the Public Resources
Code.
2. That the basic land uses are compatible with
surrounding land uses.
3. That the major adverse impacts of this project
will be:
(a) A substantial growth -inducing impact.
(b) An increase in traffic volumes in the
general area.
(c) An increase in demand for air transporta-
tion services.
(d) An increase in demand for urban services.
Page 2.
COMMISSIONERS UAY OF N EWPORT BEA, -,,;.-.IH
01 5i P0
"o o
December 14, 1972
ROLL CALL
MINUTES
INDEX
(e) An increase in air pollutants, noise and
water runoff.
4. That these impacts are, to some degree, unavoida-
ble if the vacant portions of this site are to
be developed in any manner.
5. That all of these impacts and potential mitiga-
tion measures have been reviewed and considered
in conjunction,with the adoption of the Planned
Community Text, and in conjunction with
Tentative Map 7953 (Revised).
6. That development standards have been included
ih the Planned Community Text and conditions
h�ye been placed on the Tentative Map which will
mitigate, to a degree, the adverse impacts of
this project.
7. Although the E.I.R. assumes fire station servicE
from a site in Newport Place which may be
deleted, the City recognizes that fire service
is a necessity and will be provided.
Chairman Glass complimented the staff on their pre-
sentation of findings on E.I.R.'s which has
faclilitated the Commissioners' consideration.
Item A-2
Request to permit the construction of a public
parking garage that exceeds the basic height limit
---.I.R.
72-020
within ' the 26/35 foot height limitation zone, and
the acceptance of an Environmental Impact Report.
--INDINGS
EIR/NB 72-020
IPPROVED
Location: Lot 1, Tract 1235, and a portion of
JEIGHT
Lot 2, Tract 1117, located northerl y
D_
)R I -
of Via Lido, easterly of Newport
qANCE
Boulevard, and southerly of Via
Oporto, in Central Newport.
--INDING
UPROVED
Zone: C-1
JSE
Applicant: Eastman-Koll Company, Newport Beach
)ERMIT
1636
Owner: Don Koll Company, Newport Beach
kPPROVED
chairman Glass reviewed the application.
"ONDI-
rT01TA-ELY
Page 3.
COMMISSIONERS k---ITY OF N EWPORT
0 -.T. S -Z,
VIM TIM
rAll December14. 1972
BEA -,.,M
MINUTIES
INDEX
Assistant Community Development Director Hewick.er
stated that th-e report did not cover the provision
for .75 spaces per sli*p in the proposed parking
structure to accommodate the expansion of the
existing marina faci'lity. He further stated that
investigation of leases and building permits indi-
cated parking rights of the bank and existing shop
owners in the Lido Shop Area and that there was a
proposal to remove on -street parking due to street-
scaping,and lands6aping.
In response to the Planning Commis§ion, Senior
Planner Foley answered questions regarding the
present existing parking spaces and proposed re-
quired parking spaces, indicating same on proposed
site plan.
A lengthy discussion followed on history of parking
permitted by bulding permits, leases, and H factor
in effect; parking in excess of code requirements
or number of extra parking spaces provided by ex-
ceeding height limitation; parking required now
and parking requirements of the future; and
lessor's obligation to provide parking.
In response to Planning Commissionis question re-
garding impact of traffic flow through the area and
undesirable left turn situation, Senior Planner
Foley stated he had a verbal report from Traffic
Engineer Jaffe who agreed with all of the conclu-
sions reached in the traffic study summarized in.
the E.I.R., which were increase in traffic flow and
some delays in left turn movements onto Via Lido
which could be accommodated without undue delay.
Chairman Glass opened the Public Hearing.
Don Koll, Applicant and Owner, appeared before the
Planning Commission to answer questions in regard
to this request'
In re8ponse to the Planning Commission, Community
Development Director Hogan stated that reasons for
justifying additional h.eight are (1) provision of
open space that would not be required otherwise and
(2) improved aethetics of the area providing addi-
tional view and access to the water.
Hal Hagen, Co -Owner of the Bay Lido Building on
Central Avenue, appeared before the Commission and
spoke in favor of this project.
Page 4.
COMMISSIONERS 'UTY OF NEWPORT BEA-x�H
0
MINUTES
10 rn
ROLL CALL December 14. 1972 INDFY
Tim Str4der, one of Don Koll's partners, appeared
before the CommissJon and requested that Condition
No. 1 be changed so that this zoning exception be
approved based upon Applicant's agreement to pro-
cess the necessary parcel map.
Further discussion foll.owed on Conditions Nos. 5,
7, 8, and 13.
A lengthy discussion followed on public walkway
access and easements.
There being no others desiring to appear and be
heard, Chairman Glass closed the Public Hearing.
Motion
X
The Planning Commission approved the following
Ayes
X
X
XX
X
X
findings of Environmental Impact Report EIR/NB
Absen't
X
72-020:
'a) That the report addresses itself to the six
areas specifically referred to in Section 21100
of the Public Resources Code.
b) That the basic land use is compatible with sur-
rounding land uses.
c) That the major adverse environmental impacts
6 reated by this project will be increased
traffic volumes and achange in the scale of
structures in the area.
d) That these impacts.will I be off -set by the cre-
ation of new public'access to Newport Bay and
will be minimized by the Conditions of Approval
of Use Permit Application No. 1636.
Motion
X
Discussion followed on Height Limitation Ordinance
Ayes
X
X
X
X
except -ion and the Planning Commission approved
Noes
X
Height Ordinance F-inding that total project does
Abstain
X
meet the four criteria for exceedin.g basic height
Absent
X
limitation.
Motion
X
Motion was made to approve Use Permit Application
No. 1636 subject to the 1'6 conditions as revised.
Motion
X
Following discussion, a motion was made to amend
Ayes
X
X
Con.dition No. 7 to substitute "Planning Commission"
Noes
X
X
X
X
for "Director of Community Development". Motion
Absent.
X
failed to carry.
'Motion
X
Following further *discussion, the Planning Commis -
Ayes
X
K
X
X
X
�ion approved Use Permit Application No. 1636 sub -
Noes
X
ject to the following conditions:
Absent
X
Page .5.
COMMISSIONERS '�,,��ITY OF NEWPORT BEA% -<-'H
(P M
RnH rAll December 14, 1972
MINUTES
INDEX
1. The applicant shall enter into an agreement
with th.e City of Newport Beach to file the
necessary parcel map.
12.
That the existing water and sewer lines crossin(
the site be removed where they conflict with
new building construction, and that the stubs
be revised as necessary to serve the new
building or be terminated in a manner satisfac-
t ory to the Public Works Department.
3., That,the easements or portions thereof from
wh.ich the utility lines have b.een removed be
vacated and abandoned.
4. That all construction work affecting the water
and sewer lines, and the street improvements
within the public right-of-way, be shown on a
standard plan prepared by a licensed civil
engineer.
That the applicant enter into an agreement with
the City of Newport Beach guaranteeing that the
proposed remodeling of the existing commercial
and residential structures between Via Oporto
and Newport Bay will substantially conform to
the plans and statements submitted as part of
this application, and that the remodeling be
completed prior tD March 1, 1974. This agree-
ment shall be prepared in a manner satisfactory
to the City Attorney and shall be executed
prior to the issuance of any building permits.
6. Prior to the issuance of building permits for
the proposed remodeling, the Department of
Community Development Director shall review the
plans to ensure that the intent of this use
permit is fulfil led.
7. That the applicant make an irrevocable offer to
dedicate a public easement adjacent to the
bulkhead for the entire 360 ft. of bay frontage
and at least one easement extending from Via
Oporto to the bulkhead. Said easements shall
be designed and located in a manner meeting the
approval of th-e Director of Community Develop-
ment. These offers sh.all be exercised by the
City upon completion of the remodeling or
March 1, 1974, whichever occurs first.
8. That approval of this use permit does not in-
clude any approval of plans for the proposed
expansion of the adjoining marina facility;
Page 6.
COMMISSIONERS (--i'TY OF N EWPORT BEAr..-H
Go 0
M JIM
4 70
ROLL CALL Dec -ember 14, 1972
MINUTES
INDEX
however, 25 parking spaces for the marine ex-
pansion h -ave been provided.
9. That the applicant shall prepare plans for spe.-
clial streetsca,e treatment along Via 1porto.
Said plans shall be reviewed and approved by
the City staff and the City Council.
10. That the parking structure be constructed in
substantial compliance with the plans submitted.
11. That the private alley behind thd existing
shops fronting on Via Lido be designed in such
a way as to provide adequate delivery space to
the shops.
12. That a validation system shall be implemented
which will provide short-term customer parking
for the existing shops on Via Lido and all new
shops and offices.
13. That none of the parking spaces shallbe re-
served.
14. That the public curb parking spaces not be re-
moved until the parking structure is completed.
15. That the applicant initiate a request to ex-
tend a center median in Via Lido across Central
Avenue.
16. That left turns onto Via Lido from the Via
Lido exit be prohibited.
Planning Commission recessed at 10:05 p.m and, re-
convened at 10:10 p.m.
Item B-1
Request to create two parcels of land for develop-
ment.
�ESUB-
)IVISION
qO. 371
Location: Portion of Block 50, Irvine's Sub-
division, located on the south-
�PPROVED
westerly side of Quail Street be-
f—ONDI-
tween Westerly Place and Spruce
FIONALLY
Avenue in "Newport Place".
Zone.:,* P -C
Page 7-
COMMISSIONERS )�ATY OF N EWPORT BEAcM
7 0
M 7,0 U%
MINUTES
70
10
Df%11 f'All rn December 14. 1972 INDEX
Applicant: Emk.ay Development Co-, Newport Bea&
Owner: Same as Applicant
Engineer: Raub, Bein, Frost & Assoc.,
Costa Mesa
Chairman Glass reviewed the application a:nd staff
report with the Planning Commission.
In response to the Planning Co mmission, Assistant
Community Development Director Hewicker answered
questions in regard to access plan along Bristol.
John Ullom of Raub, Bein, Frost & Assoc. appeared
efore the Planning Commission and answered questions
qith regard to access and improvement to Bristol.
Ed Ruwaldt, Vice President of Emkay Development,Co.,
appeared before the Planning Commission and stated
ie agreed with the conditions of the staff report.
Motion
X
The Planning Commission approved Resubdivision'No.
Ayes
X
X
XX
X
X371
subject to the following conditions:
Absent
X
1. That a parcel map be filed.
That all public improvements be constructed as
required by, ordinance and the Public Works De-
partment.
3. That separate water and sewer services, satis-
factory to the Public Works Department, be pro-
vided to each parcel.
1. That a six foot wide P.C.C. sidewalk, located
immediately behind the curb, be constructed along
the Quail Street frontage.
That the public improvements adjacent to Parcel
2 be constructed as part of the North Bristol
Street frontage road project.
5. That vehicular access points to Parcel 2 from
North Bristol Street correspond to th-e master
plan locations currently under design.
Page 8.
COMMISSIONERS CATY OF N EWPORT BEA -,,;M
10
ROLL CALL December 14
Motion
Ayes
Absent
MINUTES
I q 7 2 INDEX
Request to amend th.e Planned Community Development
Item B2
Standards for "New -port Place", bounded by MacArthur
Boulevard, Jamboree Road, Bristol Street, and Birch
AMENDMENT
R-0. 349
Street, to permit a mechanical, car wash on Service
Station Site #1 and to eliminate the fire station
APPROVED
provisions in Industrial Site #3A.
A—S PRO-
POSED
Location: Portion of Block 50, Irvine's Sub-
di.vision, located on the easterly
corner of Dove and Birch Streets
CService Stati on Site #1 , and the
RESOLU-
TION 781
ADOPTED
easterly corner of Birch and Bristol
Streets (Industrial Site #3A).
Zone: P -C
Applicant: Emkay Development Co.,
Newport Beach
Owner: Same as Applicant
Chairman Glass reviewed the application and staff
report with the Planning Commission.
Assistant Community Development Director Hewicker
stated that thestaff would like to retain the fire
station as a permitted use within Industrial Site
:#3A and gave background details on this request.
Chairman Glass opened the Public Hearing.
Ed Ruwaldt, Vice President of Emkay Development Co.,
addressed the Commission, stated they concurred
with recommendation of the staff, and answered
questions relative to this request.
Discussion followed on proposed service station SitES
and noise element associated with a car wash.
'There
being no others desiring to appear, Chairman
Glass closed the Public Hearing.
The Planning Commission approved Amendment No. 349
X
X
YX
X
Xas
proposed and the adoption of Resolution No. 781.
X
I't6m B-3
JSE
:IERMIT
Request to permit th.e construction of an automatic
car wash with gasoline s-ervice5' automotive and ;boat
waxing, retail s -ales, and a take-out restaurant.
1641
�ocation: Parcel 1 of Parcel Map 45/25, located�PPROVED
i
UND I -
Page 9.
IONALLY
COMMISSIONERS '%;;JTY OF NEWPORT BEA -,-;;M
\C,
A
- Ln V"
r" MINUTES
ROLL CALL ni-rpmhpr 14. 1972 iunry
on the easterly corner of Birch and
Dove Streets i.n "Newport Place".
Zone: P -C
App,licant: Beacon Bay Enterprises, Inc
Newport Beach
Owner: Emkay Properties, Inc.
Newport Beach
Chairman Glass reviewed the application and staff
report with the Commi'ssion.
Assistant Community Development Director Hewicker
added,that the staff report indicated an attached
environmental impact report which should be correct(d
to an impact report which was supplemental informa-
tion submitted voluntarily by the Applicant and not
required bystaff and need not be considered by the
Commission. Further, Mr. Hewicker emphasized that
although the proposed car wash will have retail
sales of.gasoline that the staff does not consider
this a service station. He also stated that the
staff did not feel a proposed fast food operation
in conjunction with a car wash was warranted.
Discussion followed on food vending machines, pro-
posed take-out restaurant, noise element of car
,wash,
and water runoff in storm drains.
Chairman Glass opened the Public Hearing.
Jack Shea of Beacon Bay Enterprises, Inc. addressed
the Planning Commission relative to fast food ser-
vice, noise element, signs and water runoff.
Discussion followed on Condition No. 5 on signs.
Assistant Community Development Director Hewicker
pointed out that Condition No. 5 was comprised of
those permitted under the Service Station Ordinance
and the P -C text.
Further discussion followed on the Service Station
Ordinance and the P -C Text and proposed signs,
noise element in Condition No. 3, water runoff in
storm drains and setbacks.
There being no others desiring to appear, Chairman
Glass closed the Public Hearing.
Discussion followed on landscaped sign i -n planter.
Page 10.
COMMISSIONERS �_iTY OF N EWPORT BEA-.�H
A I DaromhAr 14- lq72
MINUTES
TH-Im-
Motion
YA
motion was made to accept signs as proposed in
Condition No. 5 and to add Condition No. 15 rela-
tive to pollutants. entering storm drains.
Motion
X
Following discussion, an amendment was made to
Ayes
X
X
Condition No. 3 to add after the words "ambient
Noes
X
X
X
Ylevels"
the words "60 dB(A) or whichever was lower".
Absent
X
Amendment failed to carry.
Motion
X
An amendment was made to Condition No. 3 to add
Ayes
XX
X
Xafter
the words "ambient levels" the words "65
Noes
X
dB(A)". Amendment carried.
Absent
X
The original motion with Condition No. 3 as amended,
Motion
X
Condition No. 5 as modified, and the addition of
Ayes
X
X
'X
X
XCondition
No. 15 was voted on and the Planning
Absent
X
Commission approved Use Permit Application No. 1641
subject to the following conditions:
1. That the use permit,shall be limited to the car
wash and the sale of gasoline and automotive
products related thereto.
2. That there be no outside display of automotive
or other products for sale.
3. That noise levels, measured at the property linE,
shall not exceed the ambient levels of 65 dB(A)
which may be expected from the development of
the adjoining sites. Prior to the issuance of
building permits, the applicant shall retain an
acoustical engineer to analyze and certify to
the Director of Community Development that
acceptable noise levels will be maintained and
the measures which have been employed in the de-
sign of the structure will assure that this re-
quirement is met.
4. That landscape and irrigation plans be submittec
to and approved by the Department of Community
Development. Said landscape plan shall include
berms and landscaping to adequately buffer the
automobile car wash and gasoline service areas
from "Retail Commercial Site No. 2" and from
the adjacent public streets. The landscaping
and irrigation shall be implemented in accord-
ance with the approved plans and shall be con-
tinuously maintained.
5. That all signs will agree with.plans as sub-
mitted by the applicant.
6. Trash areas shall be located inside the buildin(
Page 11.
-'C-.O,M MISSION E R S %z�ATY OF N EWPORT BEA -.-M
70
10
December 14, 1972
ROLL CALL
MINUTES
INDEX
or shall be enclosed by walls, integrated with
the design of the proposed facility.
7. A,public telephone shall be permitted, provided
it is well lighted, in a location which is visi-
ble from a street, and accessible on a twenty-
four hour basis.
8. All lighting fixtures shall be located so as to
shield direct -rays from adjoining properties.
Luminaires shall be of a low level, indirect
diffused type and shall not exceed a height of
greater than twenty (20) feet above finished
grade.
9. Parking on site is prohibited except for such
vehicles as are in the process of being washed
and those belonging to employees.
10. Use of the proposed fire.pit in the waiting area
shall be subject to the approval of the Fire
Marshal.
11. That a P.C.C. sidewalk with a mi.nimum width of
eight feet on Birch Street and six feet on Dove
Street and Scott load be constructed,
2. That water and sewer services satisfactory to
the Public Works Department be provided to the
parcel,
3. That the applicable conditions of approval
applied to the Tentative Map of Tract 7382 be
complied with (i.e., street trees, etc.).
14. No building permits for the automatic car wash
facility shall be issued until such time as the
City Council has approved Amendment No. 349.
15. The site will be designed in such a manner that
no pollutants other than normal parking lot c'on-
taminates shall enter the storm drain system.
Item B-4
Request extension of time to permit the constructiorJSE
rf a,Boys' Club.
:IERMIT
1.
Portion of Block 52 of Irvine's Sub-
1503
,Location:
division, located at 2555 Vista del
IPPROVED
Oro, on the westerly side of Vista
___XTENSION
del Oro, approximately 240 feet .)F
_0NE
EAR
Page 12.
-COMMISSIONERS 'CH
-CITY OF NEWPORT BLA
ROLL CALL December 14,,12ZZ
Motion
Ayes
Absent
Motion
Ayes
Absent
Motion
Ayes
Absent
MINUTES
INDEX
northerly of the intersection of
Vista del Sol and Vista del Oro in
Eastbluff Park..
Zone: R -4 -B -2 -UL
Applicant: City of Newport Beach
Owner: Same as Applicant
Chairman Glass reviewed the application and staff
report with the Planning Commission.
In response to the Planning Commission, Assistant
Community Development Director Hewicker stated that
the City is the property owner.until the start of
construction.
X
Following discussion, the Planning Commission
X
X
X
YX
Xapproved
that Use Permit Application No. 1503 be
y
extended for one additional year.
Item B-5
�equest to consider adding Chapter 20.33 to the
AMENDMENT
qewport Beach Municipal Code regarding the esta-�
NO. 351
Dlishment of an Open Space District in the City of
lewport Beach.
CONT. TO
DEC. 21ST
Initiated by: The City of Newport Beach
X
At the request of Community Development Director
X
X
X
X
)X
XHogan,
the Planning Commission continued this matter
to December 21, 1972.
X
X
XX
X
XThere
Xadjourned
being no further business, Planning Commission
at 12 Midnight.
X
JACQUELINE E. HEATHER
Secretary, Planning Commission
City of Newport Beach
Page 13.
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MARINE.SAFETY DEPARTMENT
70 Newport Pier
March 21, 1973
TO: JOINT
HARBOR COMMITTEE
FROM:` Marine
Safety Department
SUBJECT: PROPOSED
LIDO VILLAGE MARINA
LOCATION:
Bayward of Via Oporto and Via Lido (in Central Newport),
encompassing a total distance of 840 linear feet.,
(From 370 feet North of Imperial Savings & Loan, 340 feet
.of Imperial Savings & Loan Bay Frontage to 130 feet South
of Imperial Savings & Loan).
APPLICANT:
Eastman Koll Company, Newport Beach
HARBOR PERMIT
APPLICATION:
1. Combine,the existingfive harbor permits into one
harbor permit.
�2.
Construct�a marina facility for the entire bay
frontage zone containing 55 slips and 18 side -ties (73).
a. This is an increase of 2,9 slips and 3 side -ties
for a total of 32 docking�sp . aces.
3. Permit slip construction to extend 201 bayward of
the U.. S. Pierhead Line to'the Project Line in accord-
ance with Section 231 of City Council's Harbor Permit
Policies.
RECOMMENDATION:
If desired, recommend approval to the Newport Beach
City Council, subject to the following conditions:
1. Approval of the U. S. Corps of Engineers.
2. Incorporate the following City's Planning Commis-
sionUse Permit #1636, Condition #7.
"That the applicant make an irrevocable offer to
dedicate a public easement adjacent to the bulkhead
for the entire 360 feet of bay frontage, and at least
one.easement extending from Via Oporto to the bulkhead.
Page Two
Said easements shall be designed and located in a man-
ner meeting the approval of the Director of Community
Development. These offers shall be exercised by the
City upon completion of the remodeling or March 1, 1974,
whichever occurs first."
3. Proposals for the control of debris shall be sub-
mitted to and approved by the Marine Safety Department
prior to the demolition and/or. removal of the existing
slips.
4. The sewer services necessary for a pump -out station
or stations be provided in a manner satisfactory to the
Public Works Department.
5. That commercial fire protection system be installed
in accordance with plans approved by the Fire Department.
6. That any domestic water service and/or electrical
service revisions or new installations on the slips'be
installed under a permit obtained from the Department
of : Community Development.
7. That there shall be placed in each rental agreement
or lease between the marina operator and slip tenant a
standard provision which shall prohibit "Live-Aboards"
unless the vessel has an approved waste holding tank and
access to a sewage pump -out facility located at the
marina.
8. That the proposed project comply with Section III.— f'
18, and 19 of the Council's Harbor Permit Policies
detailing the parking requirements, safety requirements,
and s�4tary __K��q�Airements unless a waiver be recommended
by the d6int Harbor Committee members.
9. That no dredging be allowed unless a separate- dredg-
ing permit has,been approved by the City, U. S. Corps of
Engineers and Santa Ana Regional Water Quality Control.
Board.
PROJECT
DESCRIPTION: This harbor permit application is indirectly connected
with the Lido Village upland development. The basic
concept of the land project is to construct a multi -story
commercial parking structure in conjunction with the
remodeling of a number of existing structures and the
additio . n of one new structure fronting on the Bay.
The applicant proposes to tie the entire project together
through the use of common architectural treatment, spec-
ial streetscapes and common building materials.
Currently, within the proposed marina zone, there are
five,separate harbor permits. Four are held by Mr. Koll
and one is held by Imperial Savings and Loan. The
Page Three
existing slips (26) extend to the U. S. Pierhead Line.
For these slip and.side-tie facilities, there are three
separate women and,men restrooms, plus one basin and
toilet facility. The existing off-street parking is
limited and serves both the slip tenants as well as the
apartments, and commercial businesses within the zone.
DISCUSSION: 1. Application to the U. S. Corps of Engineers will
be made when the City has approved the Harbor Permit
Application.
2.,,Prior to.the Harbor Permit Application, the Planning
Conun . iss ion.approved Use Permit #1636 on December 14,
1972, for the upland project.� (Attached is a copy of
the Planning Commission Minutes for background infor-
mation.)
3. An E.I.R. was prepared, submitted and accepted by
.the City Planning Commission for the "Lido Village"
development. The E.I.R. does not directly address the
marine proposal.
4. the Planning Commission placed 16 conditions of
approval on the Lido Village proposal, two of these
conditions relate to the proposed marina, these are:
a.. That the applicant make an irrevocable offer to
dedicate a public easement adjacent to the bulkhead
for the 360 feet of bay frontage, and at least,one
easement extending from Via Oporto to the bulkhead.
Said. easements
shall be designed'and located in a
manner meeting the approval of the Director of
Community Development. These offers shall be
exercised by the City upon completion of the remodel-
ing or March 1, 1974, whichever comes first.
b. That approval of this use permit does not include
any approval of plans for the proposed expansion of
the adjoining marina facility.
5. Based on past precedent for commercial marina
revisions, a sewage pump -out facility should be
.installed within the marina facility,(open to the,
general boating public) at a location approved by the
Marine Safety Department.
6. Representative's from the U. S. Army Corps of Engineers
have notified our office that the California Resources
Agency:is beginning to condition harbor permit requests
thatlive-aboards will not be permitted unless permanent
sewage.hook-ups are available at the slip.
7. Section 23 J of the Council's Harbor Permit Polic'
ies
states that: "U. S. Bulkhead Sta. No6 122 to No. 125
Piers or boat slips may be permitted to extend 20 feet
channelward of the U. S. Pierhead Line..
Page. Four
8. The staff was unable:to asciertain the number of
off-street parking stalls allotted to the existing
harbor permits within the pr8poded project zone. The
original harbor permits were approved in the early
1950's prior to the adoption of the Council's Harbor
Permit policies.
It is the staff's understanding that 25 parking stalls
in the proposed upland parking garage have been allo-
cated for marina tenants, as well as,some additional
contiguous off-street parking.
the proposed marina configuration by Council Policy,
would require 55 parking spaces for the marina pro-
ject.
Also, the applicant is negotiating for a certain amount
of off-street parking which will be availabl-e�-on�_w(E�ek-ends
within the Imperial Savings and Loan parking lot.
9. Currently there are three (3) men and women restroorn
facilities plus one toilet and wash basin facility within
the proposed marina zone.
To meet the requirements of the Harbor Permit Policies
the one toilet and.basin facility would need remodeling
to accomodate men and women separately.
iO. The applicant has not proposed any dredging -activity;
however, if this does become necessary, a separate.
permit shouldbe issued by the City, Corps and Santa.,
Ana, Regional Water Quality Control Board.
11. The applicant,intends to construct,the marina portion
of the project in phases to avoid displacing slip tenants
as is possible. The applicant will also dedicate a public
easement adjacent to the bulkhead for 3601 of bay frontage
immediately North of Imperial Savings Loan.
D. Harshbarger, Captain
Marine Safety Department
.DH:lf
Attachments
ROLL CALI
COUNCILMEN CITY OF NEWPORT BEACH
4 * P
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S 0 0
-.C� Ir CI
A% T ift S 'KtfnNr ?Q I Q7!%
MINUTES
INDE
I
7. The following staff reports were received and ordered
filed:
Report from City Attorney regarding Pending Legis -
Pendin
lation.
Legisl,
Report from City Attorney entitled, "Vested Rights.
Vested
t
Rights
Report from City Attorney, entitled '' CC&R1 s - The
CC&R'
City's Role.
8. The Prelim inary Budget as prepared by the City
Budg et
Manager for the fiscal year 1973-74, pursuant to
Section 11OZ of the Newport Beach City Charter, was
set for public hearing on June 11, 1973.
9. The following Harbor Permits were approved, subject
Harbo,
to prior approval of the U.S. Corps of Engineers, and
Permi
to the special conditions recommended by the Marine
Safety Department:
Application of Carlton Forge Works to revise Harbor
Carlto
Permit 175-108 to replace the existing single slip and
Forge
pier platform with a 'IT" shaped float and redesigned
Works
pier platform at 108 Via Lido Nord. (A report from
the Marine Safety Department was presented.)
Application 124-3400 of Eastman-Koll Company
Eastm
(Llatteras Marina) requesting major revisions to the
Koll
existing marina facilities bayward of Via Lido in
COMPE
central Newport encompassing 840 linear feet of bay
frontage. (A report from the Marine Safety Depart-
ment was presented.)
10. The expense account of Mayor McInnis for attendance
at the Mayor's and Councilman's Legislative Con-
ference in Sacramento on May 13-16, 1973 was ap-
proved.
11. The plans and specifications for Mariners Library
Marin
Parking Facilities, C -15Z9, were approved, and the
Librai
City Clerk was authorized to advertise for bids to be
Parkh
opened at 2:00 P. M. on June 13, 1973. (A report
Facili
from the Public Works Director was presented.
I
MARINE SAFETY DEPARTMENT
70 Newport Pier
May 29, 1973 ITEM NO. H- 9 (b)
TO: MAYOR AND CITY COUNCIL
FROM:- Marine Safety Department
SUBJECT: HARBOR PERMIT APPLICATION #124-340
0 (LLATTERAS MARINA)
Request to permit the construction of a public marina facility
encompassing.840 linear feet of bay frontage containing 55 slips
and 18 side -t ies for a total of 73 docking spaces.
LO CATION: Bayward Of Via Oporto,,and.Via Lido (in Central Newport) encom-
passing the bay frontage from 370 feet North -of Imperial
Savings & Loan, including the entire 340 feet of Imperial
Savings & Loan Bay Frontage, to 130 feet South of Imperial
Savings & Loan.
APPLICANT: Eastman-Koll Company, Newport Beach
Application.
This application involves three considerations.
requests: Specifically, the applicant
1. A harbor permit to permit construction Of a consolidated marine facility,
which when rebuilt will contain 55 slips and 18 s ide-ties for a total
of 73 docking spaces.
Combine the five (5) existing harbor permits for the subject bay
frontage into one (1) harbor permit to be held by the Eastman-Koll
Company.
3. Permit slip construction to extend 209 bayward of the U. S. Pierhead
Line to the U. S. Project Line in accordance with Section 231 of the
Council's Harbor Permit Policies.
Project Descrinti
This harbor permit appliccition is indirectly,'connedted.with the Lido
Village upland redevelopment4 The basic concept of the upland pro ect
is to construct a multi -story commercial parking structure in conjunct-
ion with the remodeling of a number of existing bayfront structures
and the additiod of one new st.ructure.fronting.on the.bay. The marina
Page two
_pLortion of the project consists of redesigning the slips and side -ties
bayward of approximately 5001 of bay frontage and constructing slips
bayward of Imperial Savings & Loan,,where none exist at.the present time.*,
1. SLIPS - Currently, within the subject tidelands zone, there are
five separate harbor permits, four of which are held by Mr. Koll
and one by Imperial Savings & Loan. Combined within these permit
zones, are 26 slips, 15 side -ties, for a total of 41 docking spaces.
The proposed reconstructed marina, including new slips bayward of
the Imperial Savings & Loan property, would accomodate slips for
55 tenants and spaces for 18 side -ties. The total increase in
docking spaces would be 22.
2. RESTROOMS - There are three (3) men and women restro I om facilities
plus one toilet and wash basin within the proposed marina zone4
To meet the requirements of the harbor permit Policies, the one
toilet and basin facility would need remodeling to accomodate
men and women separately.
3. PARKING - The existing off-street parking is limited and serves
both the slip tenants as well as the contiguous apartments and
commercial businesses abutting the tidelands. The staff was
unable to ascertain the number of off-street parking stalls alot-
ted to the existing harbor permits within the proposed project
zone. The original harbor permits were approved in the early
1950's prior to the adoption of the Councills*Harbor Permit
Policies.
To meet the requirements of the harbor yyermit Policies the appli -
cant proposes to provide 55 parking sta s for the proposed marina.
It is the staff's understanding that 25 stalls will be located in
the upland parking garage and 30 stalls will be provided conti-
guous to the proposed marina.
EaSh_%round
�The City Of Newport Beach Planning Commission on December 14, 1972,
in summary, approved the following:
a. Use Permit #1636, for the parking structure, subject to 16
conditions. Two of the conditions of approval indirectly
relate to the harbor permit. These are:
1. "That the applicant make an irrevocable offer to dedicate
a public easement adjacent to the bulkhead for the entire
360 feet of bay fro�tage, and at least one easement extend-
ing from Via Oporto to the bulkhead. Said easements shall
be designed and located in a manner meeting the approval
of the Director of Community Development. These offers
shall be exercised by the city upon completion of the
remodeling or March 1, 1974, whichever occurs first."
2. "That approval I of this use permit.does not include any
approval of plans for the proposed expansion of the
adjoining marina facility."
Page Three
b.. Accepted the E.T.R (E.I.R./NB-72-020) and approved the
following findings:
1. That the report addresses itself to the six areas
specifically referred to in Section 21100 of the
Public Resources Code.
2. That t
he basic land use is compatible with surround-
ing land uses.
3. That the major adverse environmental impacts created
by this project will be increased traffic volumes
and a change in the scale of structures in the area.
4.1 That,these impacts will be off -set by the creation of
new public access to Newport Bay and will be minimized
by the Conditions of Approval.of Use Permit Application
No. 1636.
NOTE: The E.I.R. did not directly address the marina
portion of the project.. The staff.in turn has
reviewed the proposed marina regarding construct-
.ion,with reference to the California Environmental
Quality Act and can find no,significant adverse
environmental impact, at,this time, by construction
of this project.
2 The Joint Harbor Committee on May 8, 1973, on a three to one vote
recommended ap
proval of the harbo r permit application subject to
the following conditions:
a. Conditions recommended by the Marine Safety Department staff
as restated under "Redommendations".
b. That a sewer PUMP -out system be provided in accordance with
adopted City Policies and/or,ordinances subject to future
Joint Harbor Committee review.
c., That the proposed public walkway be 81 in width. (Identified
by the Planning Commission Condition #7).
d. That there shall be no live-aboards within the marina.
Recommendation
If desired, the staff recommends appr(5val.of the Harbor Permit Application
#124-3400, subject to the approval of the U. S. Corps of Engineers and,
following conditions recommended by:
A Staff
1. Proposals for the control of debris shall be submitted to and
approved by the Marine. Safety Director prior to the,demolition
and/or removal of the existing slips.
2. That sewer services necessary for a pump -out station or stations
be provided in a manner satisfactory to the Public Works Depart-
ment.
Page Four
3. That a commercial fire protection system be installed in accord-
ance with plans approved by the Fire Department.
4. That any domestic water services and/or electrical service revi-
sions and new installations on the slips be installed under a
pe I rmit obtained from the Department of Community Development.
5. That no dredging be allowed unless a separate "Dredging Permit"
has been approved by the City, U. S. Corps of Engineers, and
Santa Ana Regional Water Quality Control Board.
6. That the proposed project comply with Sections 17, 18, and 19 of
the CouncillsHarbor Permit Policies detailing the parking require-'
ments, safety requirements, and sanitary requirements..
B.. Joint Harbor Committee
1. That a sewer pump -out system be provided in accordance with adopted
City Policies and/or ordinances and shall be subject to future
Joint Harbor Committee review.
2. That the proposed public walkway be 8' in width.
3. That there shall be no live-aboards in the marina.
Discussion
The prior approval of the City Council is required on this appli-
cation because:
a. The proposed harbor permit application abutts upland property
that is zoned commercial.
b. More than.one slip or float is requested bayward of a single
parcel.
C.
The proposed slips will extend 201 channelward of the u. s.
Pierhead Line.
NOTE: Section 231 (Page 11) of the Councilb Harbor Permit
Policies states, "U. S. Bulkhead Sta. No. 122 to 125 -
Piers or boat slips -may be permitted -To 'extend 26
feet channelward of the U. S. Pierhead Line."
(The Marina proj� is within these identified bulkhead
zones.)
2. Application to the U. S. corps of Engineers will be made if the
City approves the Harbor Permit Application.
P INE SAFETY DEPARTMENT
1AR
70 Newport Pier
C-2
ITEM NO. H-9 (b)
May 29, 1973
TO: MAYOR AND CITY COUNCIL
FROM: Marine Safety Department
.SUBJECT: HARBOR PERMIT APPLICATION t124-3400 (.!HATTERAS MARINA)
Request to permit the construc * tion of a public marina facility
encompassing 840 linear feet of bay frontage containing 55 slips
and 1*8 side -ties for a total of 73 dock,,ing.spaces..
LOCATI'ON: Bayward of Via,Oporto and Via Lido fin Central Newport) encom-
passing the bay.frontage from 370 feet , North..O,f Imperial
Savings-& Loan, including the entire'340 feet of imperial
Savings & Loan�Bay Frontage, to.130 feet South of Imperial.
Savings & Loan.
APPLICANT: K6j1
Company, Newport Beach
Application
This -app . lication involves three considerations.- Specifically, -the applicant
requests:,
A harborpermit to permit.construction of a consolidated marine facility.,
which whenrebuilt will contain 55 slips and .18 side -ties. fora total
of 73'docking spaces.
2. Combine the five (5) existing harbor permits.for the subject bay
frontage into one (1) harbor permit to.be held by the Koll..
Company.
3. Permit slip construction to extend 20' bayward of the U. S. Pierhead
Line to the U. S. Project Line in accordance with Section 23J of the
Council's Harbor Permit Policies.
Project Description
This harbor permit application is indirectly connected with the Lido
Village upland redevelopment. The basic concept of the upland project
C4 al
is to construct a mul-IL--.i-story corcumer _L parking structure in conjunct-
ion with the remodeliiig of a number of existing bayfront structures
and the addition of one new structure fronting on the bay. The marina
Page two
,portion of the project consists of redesigning the slips and side -ties
bayward of approximately 500' of bay frontage and constructing slips
bayward of Imperial Savings & Loan, where none exist at the present time.
-1. SLIPS - Currently, within the subject tidelands zone, there are
five separate harbor permits, four of which are held by Mr. Koji
and one by Imperial Savings & Loan. Combined within these permit
zone . s '. are 26 slips, 15 side -ties, for a total of 41 docking spaces.
The proposed reconstructed marina, including new slips bayward of
the Imperial Savings & Loan property, would accomodate slips for
55 tenants and spaces for 18 side -ties. The total increase in
docking spaces would be 32.
2. RESTROOMS - There are three (3) men and women restroom facilities
plus one toilet and wash basin within the proposed marina zone.
To meet.the requirements of the harbor permit policies, the one
toilet and�basin facility would need remodeling to accomodate
nien.and women separately.
3. PARKING.7 The existing off-street parking is li mited and serves
both the.'slip,tenants as well as the contiguous apartments and�
commercial businesses abutting the tidelands. The'staff was
unable to ascertain the number.of off-street parking stalls alot-
ted to.the'existing harbor�permits within the proposed project
zone. Theoriginal.harbor permits were approved in the early
19501 prior to.the adoption of the Council's Harbor Permit,
s
Policies.
'To meet.the.requirements of the harbor permit polic e�app 1-
�es, th 1*
cant proposes to provide.5.5 parking stalls for the proposedmarina.
It is the*,sta.ff's understanding that 25 stalls will be located in
the upland parking garage and 30 stalls will be provided conti-
guous tothe proposed marina.
Background
The City of Newport.Beach,Planning Commission*on December 14, 1972,
in summary,, approved the following:
a. Use Permit #1636, for the parking structure, subject to 16
conditions. Two of theconditions of approval indirectly
relate to the harbor permit. These are:
1. "That the applicant make an irrevocable offer to dedicate
I a public easement adjacent to the bulkhead for the entire
..c��eet of bay fron'tZge, and at least one easement extend-
ing from Via Oporto to the bulkhead. Said easements shall
be designed and located in a manner meeting the approval
of the Director of Community Developmd�t. These -offers
shall be exercised by the City upon completion of the
remodeling or March 1, 1974, whichever occurs first."
2. "That approval of this use permit does not include any
approval of plans for the Proposed expansion of the
adjoining marina facility.11
Page Three
b. Accepted the E.T.R. (E.I.R./NB-72-020) and approved the
following findings:
1. That the report addresses itself to the six areas
specifically referred to in Section 21100 of the
Public Resources Code.
2. That the basic land use is compatible with surround-
ing land uses.
3. That the major adverse environmental impacts created
by this project will be increased traffic volumes
and a change in the scale of structures in the area.
4. That these impacts will be off -set by the creation of
new public access to Newport Bay and will be minimized
by the Conditions of Approval of Use Permit Application
No. 1636.
NOTE: The E.I.R. did not directly address the marina
portion of the project. The staff in turn has
reviewed the proposed marina regarding construct
ion with reference to the California Environmental
Quality Act and can find no significant adverse
environmental impact, at this time, by construction
of this project.
2. The Joint Harbor Committee on May 8, 1973, on a three to one vote
recommendedapproval of the harbor permit application subject to
the following conditions:
a. Conditions recommended by the Marine Safety Department staff
as restated under "Recommendations".
b. That a sewer pump -out system be provided in accordance with
adopted City policies and/or ordinances subject to future
Joint Harbor Committee review.
c. That the proposed public walkway be 81 in width.. (Identified
by the Planning CommissionCondition #7).
d. That there shall be no live-aboards within the marina.
Recommendation
If desired, the staff recommends approval of the Harbor Permit Application
4124-3400, subject to the approval of the U. S. Corps of Engineers and
following conditions recommended by:
A. Staf f
1. Proposals for the control of debris shall be submitted to and
approved by the Marine Safety Director prior to the demolition
and/or removal of the existing slips.
2. That sewer services necessary for a pump -out station or stations
be provided in a manner satisfactory to the Public Works Depart-
ment.
Page Four
3. That a commercial fire protection system be installed in accord-
ance with plans approved by the Fire Department.
4. That any domestic water services and/or electrical service revi-
sions and new installations on the slips be installed under a
permit obtained from the Department of Community Development.
5. That no dredging be allowed unless a separate "Dredging Permit"
has been approved by the City, U. S. Corps of Engineers, and
Santa Ana Regional Water Quality Control Board.
6. That the proposed project comply with Sections 17, 18, and 19 of
the Council's Harbor Permit Policies detailing the parking require-
ments, safety requirements, and sanitary requirements.
B. Joint Harbor Committee
1. That a sewer pump -out system be provided in accordance with adopted
City policies and/or ordinances and shall be subject to future
Joint Harbor Committee review.
2... That the proposed public walkway be 81 in width.
3. That there shall be no live-aboard8 in the marina.
Discussion
1. The prior approval of the City Council is required on this appli-
.cation because:
a. The proposed harbor permit application abutts upland property
that is zoned commercial.
b. More than one slip or float is requested bayward of a single
parcel.
C. The proposed slips will extend 201 channelward of the U. S.
Pierhead Line.
NOTE: Section -23J (Page 11) of the Council's Harbor Permit'
Policies states, "U. S. Bulkhead Sta. No. 122 to 125 -
Piers or boat slips may be permitted to extend 20
feet channelward of the U. S. Pierhead Line."
(The Marina proje4 is within these identified bulkhead
zones.)
2. Application to the U. S. Corps of Engineers will be made if the
City approves the Harbor Permit Application.
Page Five
3. The applicant intends to construct the redesigned proposed marina
in phases so as to avoid displacing as few slip tenants as possible.
D. Harshbarger, Captain
Marine Safety Department
DH:lf
1ING COiMi'MISSION APPROEP usr:. PERMIT APPLICATION ti -1. 1,--
I k `1) '? 0
7
ON DECENNER 14, 1972, SU JECT TO T11E FOLL01WINiG CONDITIOINS:
The applicant shall nter into (in agre-einent with the cit.,
of'Na,wport Beach t'o ile the necessary parcel 1111:1p.
2. That the existing waler and sewer lines crossing -the sitc!
be removed where the, i conflict with -new building cavisti-ti-_
tion, and that the stubs b.e re-Y'ised as necessary to so-vc
the.new building or be terminated in a.manner satis-Factory
to 'the �Publ i c Works Depar-tment.
3. That the easements or portions thereof from which th,-_
utility lines have belen removed be vacated and abandoned.
4. That all construction work affectinj the water a*nd se,. -i -r
k.
lines, and the street improvements within the public rIght-
of-way, be shovin on a standard plan prepared by a licensed
civil engineer.
5. That the applicant en1ter into an agreement with tile City 0 -
Newport Beach guaran , L. I
�eeing that tile proposed remodeling ol-'
the existing.commercial and residential structures betvieen
Via Oporto and Newpor * Bay will substantially conform -to th,-
plans and statements Ubmitted as part of this application,
and that tile remodelipg be completed prior to 11 -larch 1, 1971).
This agreement shall be prepared in a manner satisfactory -to
the City Attorney andishall be executed prior to t1le issuaincc
of any building permi s.
6. Prior to the issuance of building permits for thc prouosz:d
remodeling, the Depariment of Community Developmen't Director
shall review the plans' to ensure that the intent of this Ilse
permit is fulfilled. I
7. That -the applicant make' an irrevocable of-cer -to dedicate a
public easement adjacent -to the bulkhead 1'or'the ent'lre 360,
of bay frontage, and dt least one ea"sement extending frori V*,, -i
Oporto to the bulkhead. Said easemen-'s shall be desirned 111c!
jocate.d in a manner md'eting the approval of the Directot. .)-7
Cor,miuni ty Development.! These offers shall1be cli%ercised by t -h...
Ci -'y upon- con, pl ettion of tile reinodeli-ng or March 1, !9-7,1,
"01.1chever occurs first.
Tha t a pp ro va 1 0 If th i s us e perm i 'L do es not - in c -1 ud-2 a ny a pp
O'l plans for the proposed expansion o -F the adjo-ining plat--na
Z
facility; however, 25 parking spaces for the marina expa,11'sl0i'l
have been provided.
9. That th�- appTicant shall prepare' plans for s p c i a r� c;!
treatmm!nt along Via Oporto. Said plaris shall be
approved by the City staff and the City
10. tile parking structure be construc-ted 4 Lj I .,A j
L I C(
pli(MCC Ilitil th"! plans SLIbil.ii-ted.
�L L _ I.-)rivate alley bohind tile E!Yi'tin'l shoos frontin�,, on
`i- Lido be designed in such to
d V e ry !; P" it c e - t: o t h e s,h o p s
I tem No
A-2
12- Tha t a validation sYstem shall be ililp7emented t,11 jc:
Provide short-term cu;tomer parking for the e '1 '1
01, Via Lido and all nelivi shops and of�ices. Xisting shaps
f
13. That no*iie.of the parking spaces shall be reserved.
14. That- the public curb plarKing spaces
the parking structure is conp�atcd. .not be re moved Lin
75. Tha t the app'licant ' It* 4
med ln� 7aLe a reque7t to extend a. center
!an in Via Lido ac oss Central Avenue.
16. That left turns onto 6a Lid 0 from the Via Lido exit be
prohibited.
/d db
12-15- 72
C
STATUS SHEET
HARBOR PERMITS
LOCATION
New
Revision 4�—�
Dredging
Date Rec v
Fee Amt. Fee Processed
Date Reviewed by M.S.D.
Approved
Denied
Correction Req'd.
Desc.
City Council:
Approved Denied
Remarks
DATE
MATERIAL SENT/APPROVED
C.OE. SCRZCC SARWQCD J.H.C.. Or.Co. T.IqC.
1.
Application
-Z
2.
Consent Letter
3.
"Waste" Letter
4.
Drawings
5.
Staff Report
7.
8.
REMARKS
0 C9 1-4 Z-,- C
k) e- 111�wtlo C7 PO/ VW I t, 0
4 V(,,, Ile
I
0�:nroTl�:-
gg
C IF 0
BOA, R D WA j- A
D WA 4 k
-)AA
13C
-r �,JC
1
CI-T"Y OF rqxwP0r,,-f a rz=,:
!"FOOR PEERNAIT
y CqA'lNTrD TO C0MT-`WtT AND
MAfwsrA
�WF
AT THE �RCAY Sit.1.4s OF
0L!C:,,-ZZ OF N� 'M�ACH ANI
ANY
it
vut Ct-^�UN'ZiL. TH-
A"
1-41"PtIMMIT-VIMAY CLIE C'-W!,k4c;L
'tlTY HA MGA�t--CObRLDINIATOR
SPECIAL CONUMITIGN&
of Eng,;
corps nders Permit
Orange CcuntY Permit
Others
V -1(a) That this instrument does not convey any property rights either in real
'estate or material, or any exclusive privilegiEis;,and that it does not authorize
any ' injury to private property or invasion of private rig1its, or any infringe -
me -Lit of Federal, State or local laws or regulations, nor does it obviate the
necessity of obtaining State or local assent required by law for the structure
or work authorized.
(b) That the, structure or work authorized herein shall,be in accordance with
the plans. and drawings attached hereto and construction sha. . 11 be subject to the
supervision and approval of the.District Engineer, Corps of Engineers, in charge
of the District in which the work is to be performed.
(OThat the Di'strict Engineer may At any time make such inspections as he.
may deem necessary to assure that the construction or work is performed in
accordance with the conditions of this permit and all expenses thereof shall be
borne by the permittee.,
(d) That the permittee shall comply promptly with any -lawful regul
1. 1 ations,
conditions, or instructions affecting the structure or work authorized herein
if and when issued by the Environmental Protection Agency and/or.the State..
water pollution control agency having jurisdiction to abate or prevent water
pollution, including thermal or radiation pollution. Such regulations,
conditions or instructions in effect or hereafter prescribed by.the Envilron-
mental Protection Agency and/or the State agency are hereby made a condition
of this permit.
(e) That the permittee will maintain the work authorized hereinin good
condition in accordance with the approved plans.
(f) That this permit may, prior to the completion of the structure or work
authorized herein, be suspended by authority of the Secretary of the Army i . f
it is determined that suspension is in the public interest.*
(g) That this permit may at any time be modified by authority of the
Secretary of the.Army ifi-it is determined that, under existing circumstances
modification is in the public interest.* The permittee, upon,receipt of a
notice of modification, shall comply therewith as directed by the Secretary
of the Army or his authorized representative.
(h) That this permit may be revoked by authority of the Secretary of the
Army if the permittee fails to comply with any of its provisions or if the
Secretary determines that, under the existing circumstances, such action is
required in the public interest.*
W That any modification, suspensi . on or revocation of this permit shall
not be the basis for a claim for damages against theUnited States.
(j) That the United States shall in no way be liable for any damage to any
structure or work authorized herein which may be caused by or result from future
operations undertaken by the Government in the public interest.
(k) That no attempt shall be made by the permittee to forbid the full and.
free use by the public of all navigable waters at or adjacent to the structure
or work authorized by this permit.
(1) That if the display of lights and signals on any structure or work
authorized herein is not otherwise provided for by law, such lights and signals
as may be prescribed by the United States Coast Guard shall be installed and
maintained by and at the expense of the.permittee.
That the p.ermittee shall notify the District Engineer at what t I ime the
construction or work will be commenced, as far in advance of the time of
commencement as the District Engineer may specify, and of its completion.
(n) That if the -structure or work herein authorized is not completed on
or before the 31st day of December 107, this permit, if not previously
revoked or specifically extended, shall cease and be null and void.
(o) That the legal requirements of all,Federal agencies be met..
(p) That this permit does not authorize or approve the construction of
particular structures, the authorization or approval of which may require
action by the Congress or other agencies of the Federal Government.
(q) That all the provisions of this permit shall be binding on any
assignee or successor in the interest of the permittee.
(r) That if the recording of this permit is possible under applicable
State or local law, the permittee shall take such action as may be necessary
to record this permit with the Registrar of Deeds or other appropriate
official charged with the responsibility for maintaining records of title
to and interests in real property.
(s) That the permittee agree to make every reasonable effort to prosecute
the construction or work authorized here
in in a manner so as to minimize any
adverse impact of the construction or work on fish, wildlife,, and natural
environmental values.
(t) That the permittee agrees that it will prosecute the construction of
work authorized herein in a manner so as to minimize Any degradation of water -
r
quality.
*A judgment as to whether or not suspension, modification or revocation is in
the public interest involves a consideration of the impact that any such action
or absence of any such action may have on factors affecting the public interest.
Such factors include, but are -not limited to, navigation, water supply, flood
.damage prevention, ecosystems, and, in general, the needs and welfare of the
people.
10., The work on Spyglass Hill Reservoir, Contract No.
Spyglass
1351,, was accepted; and the City Clerk was authorized
Hill
to file a Notice of Completion and to release the bonds
Reservoir
35 days after Notice of Completion has been filed. (A
reportfrom the Public Works Director was presented.)
11. The long range plan for expanding the City Hall
City Hall
facilities was approved in concept, and the, staff was
Expansion
authorized to obtain an architect to prepare a mini-
mum of two tentative designs for a Council Chamber
to be built as a separate structure in the lawn area
adjacent to the City Hall.
I Z. A revision to the following Harbor Permit application
Harb--
was approved, subject to the prior approval of the
Per, i
U. S. Army Corps of Engineers and subject to the
two conditions recommended by the Marine Safety
Department:
Harbor Permit Application No. 124-3400 of Don Koll
Koll
Company for construction of a 7 -foot wide pile
supported wooden walk bayward of the U. S. Bulkhead
Line in front of the Imperial Savings and Loan
Building. (A report from the Marine Safety Depart-
ment was presented.)
COMMISSIONERS CITY OF NEWPORT SEACH
% .0
R a
Regular Planning Commission meeting
P:e
Place: City Council Chambers
Time: 3:30 P.M.
KWLL CALL
Present
Absent
X
-T-,',X
X
X
February 21, 1974
*Arrived at 7:00 P
EL-f�UICIO MEMBERS
R. V. H n mmu
,��a
David ade.
a a�
Benjamin B. Nolan,
STAFF MEMBERS
James 0. Hewicker,
William R. Foley,
Shirley L. Harbeck
Request to create
and portions of 2
Location: Lot
Lot
at
eas
eas
Vil
Zone: C-l�
Applicant: Don
Owner: Impi
'tiol
LUJ nei—r: Raul
Newl
Community Developmi
clarified Conditioi
staff which will il
the Bay by means o -
Public hearing was
matter.
Tim Strader, Vice I
appeared before thi
concurred with the
the staff.
Pag(
.M.
MINUTES
iity Development Director
Qjtant City Attorney
C FtY-F,� ' r
Assistant Director --Plan.ning
;enior Planner
Secretary
:wo parcels of land where 7 lots
)ther lots now exist.
8 through 14 and portions of
7 and 15, Tract 1622* located
Q66 Via Lido, on the north-
lerly side of Via Lido, south-
:erly of Via Oporto, in the Lido
,age Area.
.11
Koll Company, Newport Beach
!rial Savings and Loan Associa-
i, San Diego
rii Bein, Frost & Assoc.,
iort Beach
�nt Director Hogan reviewed and
i No. 5 as recommended by the
i ' sure Public access adjacent to
a boardwalk and walkway.
opened in connection with this
resident of Don Koll Company,
Planning Commission and
conditions as recommended by
1.
Item A-1
RESUB-
F=ON
WT70-3—
APPROVED
CUNDI-
TTMWL-Ly
ROLL C
Motion
Ayes
Absent
COMMISSIONERS CITY OF NEWPORT
1E
MINUTES
I February 21, 1974
Pl:nning Commission discussed the boardwalk and
pu lic access to the Bay,
There being no others desiring to appear and be
heard, the public hearing was closed.
Following discussion, motion was made to approve
Resubdivision No. 433, subject to the following
conditions:
1. That a Parcel Map be filed.
2. That prior to recording the Parcel Map the
applicant shall furnish the City an agreement
s1tisfactory to the Building Official and the
C ty Attorney guaranteeing that all require-
ments of the Uniform Building Code shall be
met within six months following the recording
of the Parcel Map.
3. That all existing on-site and building identi-
fication signs of Imperial Savings and Loan
Association on Parcel I shall be removed at
such time as Imperial Savings and Loan Associa
tion no longer occupies or conducts a substan-
tial portion of its business from the existing
structure on Parcel 1. The size and location
Of all new signs on Parcels I and 2 shall con-
form to the current requirements of the Sign
Code.
4. That the pile supported boardwalk proposed for
construction bayward of Parcel I and providing
a southerly extension of the proposed 6 foot
wide public walkway easement to the north
shall be constructed as authorized by Harbor
Permit No. 124-3400.
5. That prior to -recording the Parcel Map the
property owner shall furnish the City an
agreement satisfactory to the Director of
Community Development and the City Attorney
guaranteeing the construction of a boardwalk
for reasonable Public access bayward of Parcel
2. Said boardwalk shall be constructed so as
to Provide a southerly extension of the board-
walk proposed for constr U ction by the applican!
bayward of Parcel 1 and shall be completed
within one year following the recording of the
Parcel Map.
Page 2.
................
15�
PO
c
Ln -V
r.W7, JD:�,, q
1301% R D WA LX
%pill
DON
-�ar? INa
7L
7 To. 1 G,
CITY OF
HARBOR PERM� T
yo UCT AND
fAASNTAiN TIAZ VA-f"Zl R:V'�f �--V,6
AT THE VVE H"�DILICA-�'-" -
THE HAIR80,?
ANY SPECAL CGZ-r�'-` k -
Is NOT 7-r� AWS, F271-4111,--��.,
THE CITY Elqkll-�ZCI*2 C-��,
RIGHTS G"�VEN
AND TEAS P�UFWWf MAY L-
IN ACCORDANCE 'AN734 -`-T7
I IT H �42 L611, GAR'DdNATOR
I-
12 34-oo
PERMIT (NO.
SpECIAL -7d
tt
Corps 01
gineerS Pl3re
twawge �county Permit
otber.
th rMl
Feb ru a ry 42453"� 8
Mr. Peter Carlson','
Asst. Code Enforcement Officer
City of Newport Beach
P. 0. Box 1768
Newport Beach, Ca. 92658-8915
SUBJECT PROPERTY: 3366 Via Lido, Newport Beach, Ca.
Dear Mr. Carlson:
We are in receipt of your letter sent to Ms. Lynn Jaxon of
Imperial Savings, our tenants on the above -referenced property, a
COPY Of which is attached for your ease of reference.
We have been aware of the "reasonable public access" condition
as approved by the City of Newport Beach in ccnjunction with the
development of the Lido Village Marina. After having our counsel
again carefully review the language, we dc not believe that we are
in any way in violation of those conditions. Specifically, the
City adopted a resolution requiring that a public accessible
boardwalk be built bayward of our parcel. That, in fact, has been
done and is in existence. This condition did not imply or intend
to provide public access, to that boardwalk through our property.
The intent always has been that public access to that boardwalk
would be through the property to the south and north of our parcel.
Specifically, the apartment project to the south of our parcel was
the access point to t " he tenants. and boardwalk, and furthermore,
provided the required'�, restrooms for the use of the marina tenants.
When that property owner chose to close off the public access
through his property by construction of a gate, this forced all of
the public access to the marina. through our property. As
previously stated, this was not the intent and we tolerated minimal
public access through our property, but found that after the
required public access to the adjacent property was closed off, we
could not, and had. no requirement to, allow all of the public
access being through our property.
The Marina operators have allowed their slip tenants to park i n
our parking lot, load and unload food, beverages, and gear from our
parking lot, dump marina trash into our trash bins, and hold public
parties on the land bayward of our building adjacent to the public
boardwalk. Our inability to control this type of activity caused
us to terminate the limited public access we were willing to
tolerate previously. The public access., and more specifically, the
171.?91 Cowan, Irvine, Cdlifornic, 9,2714-6047 (714) 863-1163
Mr. Peter Carlson
Page 2
abuse of our parking facilities by marina tenants, has disrupted
our tenants' use of the premises which.they lease from us.
I would suggest, that the City enforce the public access
through the Lido Marina Village and the adjacent apartment project
complex adjacent to our property where it was always intended and
required by City ordinance. Furthermore, we believe that the
restroom facilities which were planned and constructed at one time
in the apartment complex be reopened for public use., because the
lack of restroom facilities for marina tenants has further caused
unnecessary problems for us. I have personally witnessed our
parking lot being used for restroom facilities by guests and
tenants of the marina.
Without creating an ongoing obligation., we would be happy to
discuss providing limited public access through our property for
pedestrian use if the Lido Marina Village operators placed a
security guard, or other means of keeping out unauthorized vehicles
and curtailed the use of our parking lot facilities by marina
tenants. Barring such assurances, we cannot allow. our rights to
quiet enjoyment of our property to be disrupted by unauthorized and
non -general public use of our property. We would be happy to meet
with all related parties to see if a resolution of this matter can
be achieved.
Sincerely yours,
OLEN VROPERTI, CORP.
Igor M Olenicoff
President
IMO:dr
Encl.
The Koll Company
4343 Von Karman Avenuo
Newport Beach
L L California �2660
(714) 833-3030
Sydney E. Buck
Vice President
DAVID X SCHULTZ
INCORPORATED
DAVID N. SCHULTZ, CPM, President
REAL E§TATE INVESTMENTS - PROPERTY M&NAGEMENT
715 N. Central Ave., Suite 300 - Glendale, CA 91203 - (818) 240-1070
AN ACCREDITED MANAGEMENT ORGANIZATION@
THOMAS S. LEVYN
ATTORNEY AT LAW
L-Vj OFFICE:S 10801 NATIONAL. BLVD, SUITE: 400
AGAPAY. LEVYN & HALLING LOS ANGELES. CALIFORNIA 90064
A PROFESSIONAL CORPORATION TELEPHONE (213) 470-1700
8/17/88
Copies sent to:
David N. Schults
Sydney Buck
Donald Studer
Thomas Levyn
Carol Korade
Pete Car lson (Planning)
CITY OF NEWPORT BEACH
Marine Department
August 15, 1988
TO: CAROL KORADE, CITY ATTORNEY
FROM: Marine Department
SUBJECT: KOLL PROPERTY/BOARDWALK AT IMPERIAL
SAVINGS BANK LOCATION
At the last meeting regarding the above topic, the Marine
Department agreed to review our files and put together a letter
outlining our understanding of the boardwalk and docks bayward of
the Koll property at this locationr also referred to as the
Imperial Savings Bank location.
Our files indicate that there were two Staff Reports that pertain
to this particular situation. One includes a drawing and minutes
of the Planning Commission meeting of December 14, 1972 and was
written on May 29, 1973. The other, including a drawing, was
written on January 28, 1974. Both of these Staff Reports are
attached.
The first Staff Report of May 29, 1973 was written to allow the
property owner to build a marina bayward of his property and, as
the drawing indicates, the marina included a headwalk immediately
adjacent to the bulkhead running the full width of the property.
In that Staff report as background, it was pointed out that in the
Planning Commission minutes of December 14, 1972, the applicant
was required to provide a public easement along his property
adjacent to the bulkhead. This public easement would typically be
landward of the bulkhead. Becuse at this particular site in one
location the buildings are very close to the edge of the bulkhead
it was impossible to have the easement run the full width of the
property on the applicant's property. As a result of that
situation, it was necessary for the applicant to come back to the
City on January 28, 1974 and request a revision of the marina that
had been approved on May 29, 1973. The nature of this revision
was to allow the applicant to take the existing headwalk, which
had been adjacent to the bulkhead and move it bayward, thus
providing room to build a pile supported boardwalk in that area
where there was not sufficient upland property to provide the
easement.
The reference on Page 2 of the Staff Report of January 28, 1974:
"The proposed boardwalk will be similar in nature to that designed
for the Rhine Wharf Park", was to inform the City Council that
there was a precedent for this type of boardwalk -supported access
for the public within the harbor.
After the Staff Report of January 28f 1974, it would be the Marine
Department's position that the public easement ran on the private
property of the applicant until approximately the southerly side
of Lot 16, and at that point, the easement then went out over
State Tidelands on a pile supported boardwalk approximately 160
feet.south, then terminated and came back onto the applicant's
private property.
Nothing in our files suggests to us that the easement was ever
proposed to be down on the floating headwalks of the docks. It
was to be either on the applicant's upland property and/or over
that specific section of the boardwalk described in the Staff
Report of January 28, 1974.
I hope this sheds some additional light on this problem. If you
have questions give me a call.
x
Tony =
Tidelands Administrator
Carole A. Korade, Esq.
Office of the City Attorney
P.O. Box 1768
Newport Beach, California 92658-8915
Dear Ms. Korade:
David Schultz and I would like to thank you and your staff
for taking time to meet with us last Thursday morning. I have
reviewed my notes of the meeting, a copy of Olen Properties'
letter to Peter Carlson of February 25, 1988, and the other
material concerning the denial of public access across the
Imperial Savings & Loan property owed by Olen Properties. I was
particularly stunned to see the February 25, 1988 letter from
Olen Properties to Peter Carlson. The assertions in that letter
are so far beyond any comprehensible interpretation of the facts
that it is essential that I respond on Mr. Schultz's behalf.
The 1974 agreement provides that access is to be maintained
across the Imperial park -ling lot to the concrete sidawal'11-1 as liong
as the concrete sidewalk is available for public use.
Furthermore, even if Mr. Olenicoff were to construct a boardwalk
bayward of the Imperial Savings & Loan property (which his
attorney, Mr. Studer, volunteered to do at a cost of $100,000),
this would still not reduce the need for access across the
Imperial parking lot as is set forth in Paragraph 8 of the 1974
agreement. Indeed, only at such time as the owner of parcel 3
(currently Mr. Schultz) builds a boardwalk in front of his parcel
is the owner of parcel 3 required to provide public access.
There is no requirement that the owner of parcel 3 provide
bathroom facilities on parcel 3. The operator of the marina
provides toilet facilities as required and, after conversations
with Peter Carlson and the other individuals involved, we have
learned that the toilet facilities are available elsewhere north-
west of parcel 2.
v
7k
ev
LAW OFFICES
Gipsoi,T HOFF111AN 8C PANCIONIE
DON AUGUSTINE
A PROFESSIONAL CORPORATION
OF COUNSEL
VINCENT H. CHIEFFO
RICHARD S. BRAWERMAN*
GARY J. COHEN
1888 CENTURY PARK EAST
ROBERT BRENNER
ROBERT E. GIPSON
SUITE 1777
PETER M. HOFFMAN
KENNETH L. KRAUS
MARK J. RICHARDSON
EDWARD S. LABOWITZ
LOS ANGELES, CALIFOENIA 90067
STEPHEN E. SCHERER
DIANNE CAPLAN LEBOVtTS
ALLEN SHAPIRO
BRUCE ST.J LILLISTON
(213) 556-4660
TERRY A. TEGNAZIAN
GERALD E. LUNN, JR,
SCHUYLER M. MOORE
'A PROFESSIONAL CORPORATION
PETER R. PANCIONE
KENNETH I. SIDLE
TWX 9104902531 GHSTLAW
BRUCE P. VANN
TELECOPIER (213) 556-8945
CHARLES AHN
September 2,�711-9,88
LAWRENCE R. BARNETT
PAMELA J. BARON
GREG S. BERNSTEIN
JACK BRANDON
OUR FILE NO:
PATTI C. FELKER
G. RAYMOND F. GROSS
SCOTT D. HARRINGTON
JOHN R. MCHALE
RICHARD P. MANSON
STEVE ROGERS
JANINE A. SMITH
SHEILA L. SPARKS
ROBERT H. STEINBERG
Carole A. Korade, Esq.
Office of the City Attorney
P.O. Box 1768
Newport Beach, California 92658-8915
Dear Ms. Korade:
David Schultz and I would like to thank you and your staff
for taking time to meet with us last Thursday morning. I have
reviewed my notes of the meeting, a copy of Olen Properties'
letter to Peter Carlson of February 25, 1988, and the other
material concerning the denial of public access across the
Imperial Savings & Loan property owed by Olen Properties. I was
particularly stunned to see the February 25, 1988 letter from
Olen Properties to Peter Carlson. The assertions in that letter
are so far beyond any comprehensible interpretation of the facts
that it is essential that I respond on Mr. Schultz's behalf.
The 1974 agreement provides that access is to be maintained
across the Imperial park -ling lot to the concrete sidawal'11-1 as liong
as the concrete sidewalk is available for public use.
Furthermore, even if Mr. Olenicoff were to construct a boardwalk
bayward of the Imperial Savings & Loan property (which his
attorney, Mr. Studer, volunteered to do at a cost of $100,000),
this would still not reduce the need for access across the
Imperial parking lot as is set forth in Paragraph 8 of the 1974
agreement. Indeed, only at such time as the owner of parcel 3
(currently Mr. Schultz) builds a boardwalk in front of his parcel
is the owner of parcel 3 required to provide public access.
There is no requirement that the owner of parcel 3 provide
bathroom facilities on parcel 3. The operator of the marina
provides toilet facilities as required and, after conversations
with Peter Carlson and the other individuals involved, we have
learned that the toilet facilities are available elsewhere north-
west of parcel 2.
LAW OFFICES
GipsoN HOFFMAN & PANCIONE
A PROFESSIONAL CORPORATION
September 2, 1988
Carole A. Korade, Esq.
Page 2
In the February 25, 1988 letter Mr. Olenicoff asserts that
Mr. Schultz has denied public access across his property. Mr.
Schultz stated that there is no lock on the gate and that access
is provided at all times to users of the docks in front of parcel
3. Access through the Schultz property is not intended for the
general public and, indeed, there is no easv access from Darcel 3
to the concrete sidewalk or the boardwalk at the end of t�e
Imperial Savings property other than by traversing the floating
docks. As was pointed out in the meeting, the docks are
unsuitable for heavy public use (i.e., they may pitch and roll in
rough swells, there are no hand rails, boats are tied up nearby
and so forth).
At the meeting you said that the City would merely interplead
between Mr. Schultz and Olen Properties in an attempt to provide
the access required pursuant to the 1974 agreement. However, you
also shared with us the City's view that floating docks are not
boardwalks. Thus an interpleader action is inappropriate. An
interpleader implies that opposing positions are being asserted
by claimants to a fund. In this case we only have one claimant,
Olen Properties, which has concocted the theory that through the
passage of time the floating dock has somehow magically
transformed itself into a boardwalk. Olen Properties is in
violation of the 1974 agreement with Newport Beach and it is not
appropriate that Mr. Schultz be dragged into a fight which he did
not start, in which he supports the City's position, and which no
one (other than in an untenable claim by Olen Properties) has
asserted is Mr. Schultz's problem.
I wish to once again set forth Mr. Schultz's desire to
cooperate with the City in every way. He is even willing to
dedicate a public easement along the northern boundary of his
property adjacent to the Imperial Savings & Loan property to
provide for public access to either a newly constructed boardwalk
or an extension of the concrete sidewalk bayward of the Imperial
parcel. While this would be a substantial increase in the burden
to which Mr. Schultz's property is put, it would once and for all
settle any potential concerns that his neighbors may have
regarding access.
On behalf of Mr. Schultz I request that the City take
whatever action it believes necessary to convince Mr. Olenicoff
to live up to the 1974 agreement and re-establish historical
access. Should he wish to discuss a way of limiting or
controlling the access across his property by providing for the
LAW OFFICES
GipsoN HOFFMAN & PANCIO11TE
A PROFESSIONAL CORPORATION
September 2, 1988
Carole A. Korade, Esq.
Page 3
mutual easements that we discussed Thursday morning, we would be
glad to do so. However, for Mr. Schultz to be interpleaded with
Olen Properties would be an unfair burden on Mr. Schultz and an
abdication of the City's responsibilities.
In closing, I remain available to discuss any of these
problems with you at any time and to cooperate in every way with
the City of Newport Beach in providing public access to the
concrete sidewalk and boardwalk at the Imperial Savings
property. Mr. Schultz and I look forward to seeing you on
September 22, 1988.
Thank you for your cooperation.
GJC: sus
GJC44
cc: David N. Schultz
Peter Carlson
Tony Mel um —0**�
Jim Sinasek
Ronald W. Lyster, Esq.
P CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
(714) 644-3131
Thomas S. Levyn, Esquire
Agapay, Levyn & Halling
10801 National Boulevard
Suite 400
Los Angeles, CA 90064-4184
November 18, 1988
Gary J. Cohen, Esquire
Gipson, Hoffman & Pancione
1888 Century Park East
Suite 1777
Los Angeles, CA 90067
Don Studer, Esquire
17991 Cowan
Irvine, Ca 92714-6047
Re: 3366 Via Lido, Newport Beach
Dear Sirs:
As you are aware, the problem at 3366 Via Lido remains
unresolved. To my knowledge, there has been no progress and I
have not been advised of the status or resolution.
Please be advised that if this matter is not completely
resolved on or before January 2, 1989, 1 will have no alternative
but to seek authorization from the City Council to commence
litigation seeking compliance with the public access requirements.
Your prompt attention to this matter is required.
Ver truly yours
Carol A. Korade
Assistant City Attorney
CAK/mll
cc: Tony Melum, Marine Department
Jim Sinasek, Planning Department
Peter Carlson, Planning Department
,Craig Arthur, City Attorney's office
David Schultz
Igor Olenicoff
Sydney Buck
C. Michael Maher
3300 Newport Boulevard, Newport Beach
lo
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i. Ur NEWPORT BEACH
CALIFORNIA 92660
City Hall
MARINE SAFETY DEPARTMENT 3300 Newport Elvd.
70 Newport Pier (714) 673-2110
December 28, 1973
South Coast Regional Zone
Conservation Commission
P.O. Box 1450
Long Beach, California 90801
Attention: Bob Joseph
Gentlemen:
The Don Koll Company has applied for a revision to Harbor
Permit #124-3400.
This permit will be issued to the applicant subject to the
approval of the Newport Beach City Council and the approval
of the U.S. Army Corps of Engineers.
The Marine Safety Department staff will recommend approval
of the application to the City Council.
Sincerely,
Glen E. Welden
Marine Affairs Aide
GEW: s cc
I
DIARIME SAFETY DEPARTIMENT
70 Newport Pier
December 20, 1973
South Coast Regional Zone
Conservation Cominission
P.O. Box 1450
Long Beach, California 90801
Attention%,, Bob Joseph
Gentlemen:
The Don Koll Company has applied for a revision to Harbor
Permit #124-3400,
This pezriit will be issued to the applicant subjeCt to the
approval of the Newport Beach. City Council and the approval
of the U.S. Army Corps of Engineers.
The Marine Safety Department staff will recoi-mend approval
of the application to the City Council,
Sincerely,
Glen E, Welden
blarine Affairs Aide
r.
Mw-scc
DON KOLL COMPANY, INC.
December 20, 1973
Mr. David Harshbarger
Marine Safety Captain
Marine Safety Department
70 Newport Pier
Newport Beach, California 92660
Dear Dave:
I have enclosed a Permit Application for therevision
of an already approved boardwalk. You should have copies
of the plans we submitted for the original marina construc-
tion. You may not have copies of the approved boardwalk
plans as that portion of the boardwalk is entirely on land
and out of your jurisdiction, Ithink. However, if you need
more information from me,j or more detailed drawings of the
additional boardwalk area, please give me a call at (714)833-3030.
As soon as I receive signatures on the Harbor Permit Transfer
Applications, I will mail you a package containing material for
our application for marina construction in front of Berkshire's
Restaurant,
Thank you,for your time and help.
Very truly yours,
EQN �OLL PANY, INC.
'11o:hn Petry
Assistant Counsel
JP:ac
Enc.
1901 DOVE STREET - NEWPORT BEACH - CALIFORNIA 92660 - (7141833-3030
I
MARINE SAFETY DEPARTMENT
70 Newport Pier
January 28, 1974
TO: MAYOR AND CITY COUNCIL
FROM: Marine Safety Department
SUBJECT: HARBOR PERMIT APPLICATION #124-3400 BY DON KOLL CO.
TO REVISE AN EXISTING PERMIT TO INCLUDE A,71 WIDE
PILE SUPPORTED WOOD WALK BAYWARD OF THE BULKHEAD
LINE AT IMPERIAL SAVINGS AND LOAN.
Recommendation
If desired, approve the application subject to the approval of the
U. S. Army Corps of Engineers, and the South Coast Regional Zone
Conservation Commission and following special conditions:
1. That the walkway be open to the public 7
2. That the structure be.maintained by the permittee
Discussion
This application requires City Council appro�ral under Section 5
paragraph B and C-3 of the City's Harbor Permit Policies which
state:
11B. Prior approval of the City Council will be required
before the Marine Safety Department may issue any
permit that does not conform to the Standard Harbor
Drawings and the adopted Harbor Permit Policies."
"C. Prior approval of the City Council will also be required
before issuing a permit for shore -connected structures
when:
3. The abutting upland property is zoned/commercial."
The Don Koll Company wishes to construct the subject board walk to
provide a southerly extension to a 6' wide walkway easement northerly
of Imperial Savings and Loan as shown on the attached drawing. This'
easement was required a5*a condition of approval on the Koll Company's
original harbor permit approved by the City Council on May 29, 1973,
and the Planning Commission'.s Use Permit #1636 approved December 14,
1972.
Page 2.
The Marine Safety Department staff has conferred with the Community
Development Department on this application and it is felt that this
boardwalk is a Logical extension of the public easement required by
the prior actions of the City Council and Planning Commission. The
proposed boardwalk will be similar in nature to that designed for
the Rhine Wharf Park, giving the public additional access to the
tidelands. The reason the walk cannot be built landward of the bulk-
head line at this location is that the Imperial Savings & Loan Build-
ing was constructed with limited bulkhead line setback.
The headwalk of the float structure approved on.May 29, 1973, will
be modified, as shown on the attached drawing, to accomodate the
piling for the boardwalk.
R. E. REED, DIRECTOR,
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Lido Village
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3336 Via Lido
Newport Beach, CA 92663
(Apartments)
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Newport Beach, CA 92663
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CITY OF NEWPORT BEACH
CALIFORNIA
4 City Hall
MARINE SAFETY DEPARTMENT 3300 Newport Blvd.
70 Newport Pier (714) 673-2110
APPROVAL IN CONCEPT
APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit
application to the South.Coast Regional Commission pursuant to California
Administrative Code, Sections 13210 and 13211.
General Description of Proposed Development:
T
Property Address: V/;7
Legal Description:
City Harbor Permit Number:
Applicant:
Applicant's Mailing Address:
Applicant's Telephone Number: _2
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads I and public access to
.the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of
the area covered in the application.
and find
They comply with the current adopted Newport Beach.General Plan,
Zoning ordinance, Subdivision ordinance, and any applicable specific
or precise plans or
0 That a variance or exception has been approved and is final.
APPROVAL IN CONCEPT
A copy of any variance, exception, conditional use permit, or other issued
permit is attached together with all conditions of approval and all approved
plans including approved tentative tract maps. On the basis of this finding,
these plans are approved in concept and said approval has been written upon
said plans, signed, and dated.
Should Newport Beac�i adopt an ordinance deleting, amending, or adding.to the
Zoning Ordinance or other regulations in any manner that would affect the use
of the property or the design of a project located thereon, this approval in
concept shall become null and void as of the effective date of this said
ordinance.
In accordance with the California Environmental Quality Act of 1970, and state
and local guidelines adopted thereunder, this development:
PHas been determined to be ministerial or categorically exempt.
0 Has received a final Exemption Declaration or final Neg I ative Declaration
(copy attached).
0 Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance
of a building permit have been given and are final. -he development is not
subject to rejection in principal by Newport Beach unl'ess a substantial change
in it is proposed.
This concept approval in no way excuses the applicant from complying with all
applicable Policies, ordi I nances, codes, and regulations of Newport Beach.
R. E. Reed
Printed and- itle
name nd t of: individual signing
Date:
Attachments:
1.
2.
3.
4.
MARINE SAFETY DEPARTMENT
70 Newport Pier
April 8, 1974 ITEM NO.: H-16 (a)
TO: MAYOR AND CITY COUNCIL
FROM: Marine Safety Department
SUBJECT: HARBOR PERMIT APPLICATION #124- 3440 BY DON KOLL COMPANY
TO REVISE EXISTING SLIP FLOATS BAYWARD OF 3440 VIA
OPORTO
Recommendation
If desired, approve the permit subject to:
1. Approval of the'U. S. Army Corps of Engineers.
2. Approval of the South Coast Regional Zone Conservation
Commission.
3. Proposals for the control of debris shall be submitted to
and approved by the Marine Safety Director prior to the
demolition and/or removal of the existing slips.
4. That a commercial fire protection system be installed in
accordance with plans approved by the Fire Department.
5, That any domestic water services and/or electrical service
revisions and new installations on the slips be installed
under a permit obtained from the Department of Community
Development.
6. That the proposed project comply with Sections 17, 18, and
19 of the Council's Harbor Permit Policies detailing the
parking requirements, safety requirements, and sanitary
requirements'.
7. That a sewer pump -out system be provided in accordance with
adopted City policies and/or ordinances.
8. That there shall be no live-aboards in the marina.
Discussion
1. The prior appr oval of the City Council is required on this
application because:
a. The proposed harbor permit application abuts upland property
that is zoned commercial.
Page Two
Item No.: H-16 (a)
b. Morethan one slip or float is requested bayward of a
single parcel.
C. The proposed slips will extend 201 channelward of the
U. S. Pierhead Line.
NOTE: Section 23J (Page 11) of the Council's Harbor
Permit Policies states,'""'U. S. Bulkhead Sta,
No. 122 to 125 - Piers or boat slips may be
permitted to extend 20 feet channelward of the
U. S. Pierhead Line". I
(The project is within these identified bulkhead
zones.)
This harbor permit application is indirectly connected with the
Koll Company's Lido Village Marina redevelopment. While the
proposed configuration will reduce the total number of slips
available, needed mooring spaces for larger vessels are being
provided as a balance for the entire marina. The 23,existing
smaller mooring spaces will be removed and 14 new slips (91 long,
5' short) will be constructed as shown on the attached drawings.
The parking spaces required under the Harbor Permit Policies will
be provided in the new parking structure being built for "Lido
Village" by the Don Koll Company. Restrooms required under the
policies will be provided in the buildings adjacent to the new
slips.
The Koll Company proposes to extend the new slips to the U. SO
Project Line as allowed by Section 23J of the Harbor Permit Policies.
The Council previously approved such an extension forthe portion of
the Lido Village Marina easterly of 'this location.
R. E. REED, DIRECTOR
D. Harshbar 7er, Captain
Marine Safety Department
DH:lf
U. S. Corps of Engineers
Post Office Box 2711
Los Angeles, California 90053
Attention: Waterways Control Section
Subject: Harbor Permit Application No. 124-3400
Dear Sir:
I hereby request a U. S. Corps of Engineers' Permit for the
construction and installation of a commercial marina
and appurtenances thereto, to be located in Newport T3ay, bayward of
LotsNo.1121-1�2.81ock No. -- , Tract 907 , Newport
Beach, Cal-i-f—ornia. I am EH—eowner of.the aforementioned prop rty, and
I have made application for a Harbor Permit to the City of Newport Beach.
The adjoining property owners are:
Lot 1126, Block
Tract 907
--El%1s Club, Newport Harbor #1767
2456 Via Oporto,
Newport -Beach, -Calif. 92660
Date 1-15-74
Enc. Plans dated 12-10-73
3 Sepia
7 copies
Lot 24 Block
Tract 1622
Donald M. Koll
1901 Dove Street
-- Newport Beach, Calif. 92660
Respectfully submitted,
N NM
CITY OF NEWPORT BEACH APPROVAL
The harbor and Tidelands Administrator of the C*t f Newport Beach
has reviewed Harbor Permit application by W
�,//-
and subject to the approval of the U. S. Corps o�t Engineers, will issue
harbor Permit No., 3 4�O 0
Date
CC:
D. Harshbarger, Captain
Marine Safetv Department
r_
POWER OF ATTORNEY
1, DOINALD M. KOLL, do hereby appoint JOHN C. PETRY, my
true and la,.-7ful attorney- in -f ac -t for me and in my name, place
and stead, and for my us e and benefit to execute all documents
necessary and pertaining to the issuance of a permit by the
South Coast Regional Conservation Commission for proposed works
of improvement, consisting o -L:. restaurant and marina remodeling,
located at 3450 Via Oporto, Newport Beach, California.
I further give and grant unto my said attorney-in-fact full
power and authority to do and,perform every act necessary and
proper to be donein the.exercise of any of the foregoing powers
as fully as I might or could do if personally present, with full
power of substitution and revocation, hereby ratifying and con-
firming all that my said attorney shall lawfully do or cause to
be done by virtue hereof.
This power of. attorney is granted and shall be effective on
December 3, 1973 and shall continue as long as necessary to acquire
said permit.
Executed this'3rd day of December, 1973.
DONALD M. KOLL
C OcFICIA!. STAL
STATE OF CALIFORNIA)
LOIS ROHRER.
COUNTY OF ORANGE
:ouN ry 91
MY Commi�,sian E.-ohnis c"pt 2 1075 "
On December 3, 1973, before
Public in and for siad State, personally appeared DONALD M. KOLL,
known to me to be the person whose name is subscribed to the
within instrument and acknowledged that he executed the same.
74-IMNESS my hand and official seal.
1Project Add(Not mailing address)
VIA D
Tenant Narne(if Applicable)
2. Descri
# Units (if Residential)
Extg Building
Owner's Address
Last [AN ............ ........ 61D.��09,,,)t J;z
F4.Arch dootD3eeigner's Name
Arch itect/Desig ner's Address
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OFFICE USE ONLY ENERGY P/C FEE $
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GRADING PKC FEE$
PERMIT NO. _
PLAN CHECK N0
| 8ev4/76/09 ELEC/MECH/PLUK4P/C FEE$ _ ________ PLANCHECKFEE$
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OFFICE USE ONLY ENERGY P/C FEE $
|
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GRADING PKC FEE$
PERMIT NO. _
PLAN CHECK N0
| 8ev4/76/09 ELEC/MECH/PLUK4P/C FEE$ _ ________ PLANCHECKFEE$
1)04-2012.
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CITY OF
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RPPLICRNT'S NRME Lid D NK I YV I JOB ADDRESS ��(k Via Wb I DATE --7 - �Lj-�
VAM poa W4ym
Dock and Pier Builders, Inc.
Contractor's License 797052 A
www.swiftslipdocks.com
2027 Placentia Avenue - Costa Mesa, CA 92627
Telephone (949) 631-3121 - Fax (949) 631-3122
7 June 2012
Re: WREC Lido Ventures, LLC
Davenport Partners
Lido Marina Village
Remove and replace 3 — 12" square pre-s,ressed concrete guide pile. Re -deck 2 fingers with wood planking.
Document #I —Assessors Map.
Document #2, — Aerial View of Project Site
Document 43 — Drawing of Floating Dock System— Maintenance permit work highlighted
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HAR' VR RESOURUE
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............... .......... ... ......... ............ . Valuation
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.. ............. ........................... .................... .. .......................... ............................ ............ ..........
Arch itect/Desig ne r's Address
................ .. ........... - ... ...... . ............ ........... .............
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5. Engineer's Name Last
..................... ............
Arch itect/Desig ner's E-mail Address
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First
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................... .................... ................... ............ . ..... .... ............. ...... - ... .... ..... .. ................. ......
city State Zip Telephone
............................................................. ................................. .............
I OFFICE USE ONLY ENERGY P/C FEE $
GRADING P/C FEE $ . FIRE P/C FEE $
PERMIT NO.
PLAN CHECK NO.
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F)(Building 17 Grading [7'Drainage Elec MecrinimpWOMT WAN
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# Units (if Residential) F77
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................. Valuatio
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TOTAL BLDG SIF Cu Yd Cut
New Ad Alter [—,.Demo F77
TOTAL GARAGE SF Cu Yd Fill
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........... .............. ... -
Check Approuriate Box for AE?plicant
3. Owner's Name Last
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.......... .................. ....... . ......... .......................... I ..... ......... .......... ......................................... I ...................................
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.................... I ...................... .... .......
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Worksheet for Building Combo Permit Application
City of Newport Beach - Building Department
Please print 3 copies HARBOR RESOURCE
rVBuilding r— Grading [71Drainage F_ Elec f7 MePlWF"uN;VVPr)PT RFACH
1. Project Address (Not mailing address)
r W iv
.............
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2. Description of Work
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OTAL GARAGE SF
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F_ 3. Owner's Name Last
# Stories 177
Cu Yd Cut F77
Cu Yd Fill F77
F_.. 5. Engineer's Name Last
Engineer's Address
............... .................... �
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First
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Engineers E-mail Address
............................ ........ . ................ ..... .................................................................. ................
Zip Telephone
.......................... ...... ....................... - ..........
OFFICE USE ONLY ENERGY P/C FEE $
GRADING P/C FEE $
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PERMIT NO.
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ELECTRA CRUISES INC
3439 \AA OPORTO
NEWPORT BEACH
CALIFORNIA 92663
949-723-1069
1-800-952-9955 22 Februar, zW8
:Y
FAX 949-723-5156 lio-w �_
ELECTRA CRUISES INC.
DOCKING PROCEDURES & CHANGES
THERE OF
Vessels are to be driven in and out of the slip at idle. Bow
thrusters have been installed in both Crystal and Athena to ensure
this is possible. It is currently being installed on Destiny. This
enables Captains to dock the boat at lesser RPM's idle as you will
have no need to walk the boat over to the dock once vessel is
completely in the slip. In addition vessels will be placed in neutral
once they reach half way into the slip preventing further disruption
of the soil at the seawall. In addition permanently affixed spring
lines have been fixed to the dock preventing drivers from the need
to raise RPM's in order to stop the boat. In essence, Captains are
directed to keep the prop rotation to a minimum while the vessels
are near the seawall and to drive as slowly as possible in and out of
the slip.
Thank you for your co-operation. Should you violate the above,
you will be subject to termination.
Randy Goodman
MIR ARF
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41
..........................
BLACKLEDGE DIVING. INC.
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or, Mionciay. Januai-v '4'u'v3O- —file buikl-tea tfoi-ttaciE QuE
�eet In ienu- 'U, I.
15tuifiC -tille bUiml lea6
i �te Oui-oose ot U -11s ifisi-je _10i I Was to CjoCUi-i-jei-jt tile eX:
arici Citeltz-fFfiffie ttle uveiclii ieilciWt ot tile Sneets as Weii as 6etentitiM UZtJLll U
'ie- Under eacri Of 'U-Iree VeSseis OpetcILU'Ll
erct'Decii-i-jent ot' si-teltetzs. Trie UWULLU-ifl Was orcitt u
:Umv FIE.
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WILIJAM SMPSON & ASSOCIATES, INC.
ARCHITECTS * ENGINEERS 9 PLANNERS
151 KALMUS DRNF- SUrFE C-140 Pit (714) 434 -SM
COSTA MESA, CA 92M FAX(714)434-99W
M-Usa-com e4nal: Mse-usacom
Mr. Randy Goodman
Electra Cruises, Inc.
3439 Via Oporto
Newport Beach, CA 92663
RE: A13alySiS of the Existing Seawall
Lido Marina Vflfte
Newport Beach, CA 92663
WSA Job #60894
Attachments- Seawall Inspection Report by Blacildedge Diving, Inc -
Dew Mr. Goodman.
pursuant to your request, we conducted structural analysis of the aforementioned Existing
Seawall-
SUBJECT/RFASON-
The scope of the condacted structural analysis was to determine the mimmurn depth of
embedment for the exLstmg seawall panels/sheets requir-ed for the stability of the bottorn
ofthe seawall.
0 =1016JOTIR
1. Draft Seawall Condition Survey Report by URS/Cash & Associates dated MY 17,
2007.
2. Seawall Mspection Report by Blackledge Diving, Inc. dated January 21, 2008.
CONCLMSION:
The analysis of the existL hall
ng seawall determined that the concrete panels/sheets s be
embedded at least 12"-W. This conclusion is based on Ihe following design parameters:
1. An approximate overall length of seawalL from top of cap/coping to the bottom
of panelstsheets of 22' -OP -
2. Active soils pressure of 60 pcE — per table 1610.1 of 2007 CBC
3. Passive soils pressure of 150 pcf- - per table 18042 of 2007 CBC
4. Surcharge at sidewalk of 60 psf-
5. Factor of Safety of 1.5.
We recommend the following:
1. in order to provide the immintim, required depth of embedment, the mud line between
station 5 and station 20, as shown on page 8 of the, attached Report, shall be raised
accordingly. The approximate volume of fill shall not exceed 10 cubic yards provided
that the
, slope of the newly formed mud line shall not exceed 2:1 (horizontal: vertical).
2. In orde
,r to provide the rummunn required depth of embedment, the mud line between
station 125 and station 170, as shown on page 8 of the attached Report, shall be raised
accordingly. The approximate volume of fill shall not exceed 40 cubic yards provided
that the slope of the newly formed mud line shall not exceed 2:1 (horizontal: vertical).
3. fhe above suggested raises of the mud line elevation shall be PeffOrmed in comPliance
with the City of Newport Beach dredging requirements. at an elevation needed to provide
4. Mud line shall be constantly monitored and MaIntamed
the minummi required pandIsIsheets embedment.
5. Care must be exercised by the Captains of the charter boats to prevent propeller wash
against the seawaU during berth and launch operations.
PROFESSIONAL -A
The conclusion and recommendations of this letter were prepared within the inherent
limitations of this study, in accordance with generally acceptable engineering principles and
practices. We make no finther warranty, either expressed or implied.
Structural calculations are available upon request- -
Respectffilly submitt"
'Iuy 4wIm"'
Plamen Petrov, P -
Senior Project �My er.Engineering
California Coastal commission
200 Oceangate, 10th Floor
Long Beach, CA 90802-4416
Attn: Femie Sy
Re: Electra Cruises
Dear Femie,
About a month ago you and I had a conversation about the. seawall directly in
front of the charter boats -operated by Electra Cruises at Lido Marina Village. As
you can see from the enclosed reports, the mudline at the bulkhead is lower in
the area of the three boats than it is elsewhere in the marina.
The problem was exacerbated over the years -by improper docking of the vessels
but has since been rectified by Electra Cruises with the implementation of a
docking plan as well as additional training for all employees. -
The problem now is how to address the potential deficiency and bolster this
seawall. Let me make it clear that the seawall is not failing at this time but my
client, Electra Cruises, and the owner of the property have asked for these
reports and solutions so that we can avoid future hazards.
Please read the enclosed reports from Blackledge Diving,. Inc. and William
Simpson & Associates, Inc. that evaluates the problem and suggests a solution.
We need your advice on how to proceed with this from a regulatory standpoint.
You had asked that I send you the reports as well as photographs of the area so
that you could take a look at it. The photographs show general area, the mudline
is concealed by the docIL I have copied Chris Miller from City of Newport Beach
Harbor Resources on this as well.
Once you have taken a look at all this I would appreciate the opportunity to
discuss it further with you. I can be reached at' 949-548-5359 or at
lhc
—ZS
Sincerely,
Y
Lisa E. Miller
President
8317,,J. 179 Costa Mesa, CA 92627 Phone (949) 548-5359 Fax (949) 548-5315
General Engineering Contractors/License No. 561434/Marine Construction and Dredging
c,t;Winn A; qt-Afinn 1)q
ToD of caD to m/l 103" Top of cap to mil 13'6
M/L to bo . ttOM Of sheet 12'8" MI/L to bottom of sheet = 8'10"
overall lenath of sheet 22'11" ()verall lencith of sheet = 224"
,�Overall lenciths are aDoroximations; elevation of sheets within the caD mav varv.
Two heavv horizontal cracks were noted on the caD. These were from station 28-33
;;nri ct;ifinn IR -1;7
Manv vertical cracks on the caD were noted throuahout the bulkhead. Manv are hairline
in nature. The maiorit, of sicinificant vertical cracks. often from too to bottom of the
caD. were -.1-rom station 120-175.
O.-Mr.1
Actual concrete sheet pile 'CSP) length#ss are --stimatick. to
CqP PmhPrimont- qhnt dri hr- 1 11 PT
TFqPgp=f7j n p-10 .9;1 jr-rjFq7j TON.C. RIR RFPATR
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The preferred method of placement would require the palletized rock to be delivered at
the job site. A small warehouse fork list would move the 10 pallets of rock from Via
Oporto through the corridors to the deck above the fill areas. A silt curtain would be
attached along the dock to minimize water turbidity. The water column between dock
and bulkhead is only Twide, so the turbid water area will be minimal.
After the geo-textile blanket is laid on the bottom with divers, the rock bags can be
opened and spilled onto protective plywood covering the ground. The rock can be
pushed under the guard rail with broorns- A diver will spot-ch�eck the build-up and
groom the rock with a rake to insure proper slope grade. Dust control will be maintained
with a water hose and work would be performed so as not to interfere with restaurant
business. This work is expected to take (3) 8 hour shifts.
An alternative method of placement would require workers to wheel barrow the (560)
901b baqs of qravel down the 100 Ft aluminum walkwav from the street onto the floatin.q
docks. over 350 ft. to sDill the rock over the side into the 24" water column that has been
silt screened to Drevent turbidity. Because the rock is Still Wilied from above water line
no advantaues are to be aained from this method — onIv very costly disadvantaaes.
NOTF--
Blackledae Divino. inc. is a licensed 'A' Enaineerinci Contractor that soecializes in
underwater and marine rer)air work. Thank you for the ODportunity to serve vou.
21 lanuary 2008
F 4�6
Ron Blackledae/ Insoector Diver S ervisor
Pl. I
I-Ie,r.tra Cnfiqeq qm%vall immainn 1 21 OR
RONALD G. TRAYNER-
JOHN A. McDERMOTT, II*
STEVEN L. STERN'
THOMAS B. CURTIS*
MICHAEL A. McDERMOTT
ERIC E. JOHNSON
MARY L. OUILLIN
KELLY TESTOLIN
JOAN E. LOUW
VICTOR C. IRELAND
JOHN P.KRAVE
VINCENT P. D'ANGELO
KENNETH S. BAYER
WAYNE J. MILLER
'A PROFESSIONAL LAW CORPORATION
LAW OFFICES
McDermott & Tra ILer
.7
A PARTNERSHIP OF PROFESSIONAL LAW CORPORATIONS
IS)'- FLOOR
615 SOUTH FLOWER STREET
LOS ANGELES, CALIFORNIA 90017
AREA CODE 213
617-3701
6TH FLOOR
1201 DOVE STREET
NEWPORT BEACH, CALIFORNIA 92660
June 2, 1983 AREA CODE 714
as[ -0441
Mr. Tony Melum
Department of Marine Safety
70 Newport Pier
Newport Beach, California 92660
REPLY TO: Newport Beach
Re: Lido Marina Village Harbor Permit No. 124-3400
Dear Tony:
Thank you very much for giving me your time on
Wednesday concerning the boat slips operated by Lido Marina
Village. The purpose of this letter is to inform you that
Lido Marina Village would be most appreciative of your
testimony at the trial of its case with Mr. Glasser.
I recall telling you on Wednesday that trial was
expected on July 5, 1983. However, at a hearing this
morning in Superior Court, the judge advanced the trial one
week to June 27, 1983. If this date poses a problem for
you, please contact me immediately.
My plan is to serve you within the next few days with a
subpoena - this is a required procedural formality. The
subpoena will ask your attendance on June 27, 1983 at 9:00
a.m. in Department 1 of the Superior Court in Santa Ana.
Nevertheless, you need not arrive at that hour or in that
department, because Department 1 is where cases are assigned
to various courtrooms for actual trial. For this reason,
rather than having you be at the courthouse all day, I
propose that you remain on call on June 27, and on the
remaining days of the trial, which I expect will last no
longer than two or three days at the outside.
McDermott & Trayner
Mr. Roger Good
June 2, 1983
Page 2
You are entitled to witness fees in the amount of
$35.00 per day plus 20� per mile both ways. The subpoena
will tell you to contact me if you wish your witness fees to
be paid before trial.
The subpoena you will be served with will also request
that you bring with you the file for Harbor Permit No.
124-3400. In addition to bringing the file with you to
court, I also request you to send me at your earliest
convenience photo copies of certain documents in the file.
All expenses of photocopying will, of course, be reimbursed
by my firm. These documents are:
1. Letter from yourself to Ms. Rothberg dated June 11,
1981.
2. Letter from yourself to Ms. Rothberg dated October 14,
1981.
3. Letter from Bob Inch to yourself dated July 8, 1981.
4. Small document, dated October 29, 1981 entitled
"Application Approval."
5. Letter to Lido Village Center from Glenn E. Welden
dated May 15, 1978.
6. Sketch, two pages, presented by Donald Koll, drawn by
Huntington Engineers, dated December 10, 1973.
7. Document from the planning commission dated
December 14, 1972 approving Use Permit Application no.
1636 (two pages).
In conjunction with making copies of the above items, I
would appreciate your signing and returning to me the
enclosed declaration, certifying that the copies are true
and correct. This will satisfy an evidentiary requirement.
A self-addressed stamped envelope is enclosed with this
letter for your convenience in sending us the photocopies
and declaration.
I wish to thank you again for your help in this matter.
If there are any problems with your testifying on the trial
McDermott & Trayner
Mr. Roger Good
June 2, 1983
Page 3
dates mentioned above, or if I may be of assistance in any
other manner, please feel free to contact me at any time.
Very truly yours,
MC DE TT
By:
K neth S.
KSB; lgb
Enclosures
.,,-j?ACE BELOW FOR FILING STAMP ONLY)
LAW OFFICES
A1,Demtt &
2
GTm FLOOR
1201 DOVE STREZT
3
NEWPORT BEACH, CALIFORNIA 92660
851-0441
TmLxPHcxz (714)
5
Attorneys f Traweek Investment Fund No. 12, Ltd.
6
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF ORANGE
10
ROBERT GLASSER, CASE NO. 40-33-78
11
Plaintiff, DECLARATION OF
12
V. TONY MELU11 RE
C =1ED COPIES
ER!1
13
TRAWEEK. IWESTMENT FUND NO. 12)
LTD., a California 'Limited
14
partnership, and
I DOES I through X, inclusive,
15
Defendants.
16
17
1, TONY MELUM, DtCLARE:
18
1. I,am an employee of the Marine Safety Department, City
19
of Newport Beach. -
4
2. custodian of records for Harbor Permit no.
21
124-3400 concerning boat slips located at Lido Marina
22
Village,''N,eWDort Bleach.
23
3.1 1 certify that�the documents accompanying this
24
declaration are true and -correct copies of certain matters
25
on file concerning�the above -referenced Harbor Permit.
26
declare�: under penalty of perjury thaL_ the foregoing
27
is true and correct'and that this Declaration was executed
28
this day of June, 1983 at Newp ort Beach.. California.
TONY MELU14'
Riv gpwwo"
�-AT-ro-,AEY OR PARTY WITHOUT ATTORNEY(WAME AND ADDRESS): TELEPRbNE�
T' -NEi'1H S. BAYER
jj.M.�;Dermott & Trayner
-N e Street,
,1201 Dov 6th Floor, Newport Beach, CA 92660
too Defendant, Traweek Investment Fund No. 12
ATTORNEY FOR (NAME):
Insert name of court, judicial district or branch court, it any, and post office and street address:
Orange County Superior Court
700 Civic Center Drive West
Santa Anal CA 92701
PLAINTIFF:
ROBERT GLASSER
DEFENDANT:
FOR COURT USE ONLY
Ltd.
-4,
TRAWEEK INVESTMENT FUND NO. 12, LTD, a California limited partnership, et
CIVIL SUBPENA )MCOURT =DEPOSITION CASE NUMBER: 40 33 78
iff DUCES TECUM =OTHER (specify):
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (NAME):
TONY MELUM
1. YOU ARE ORDERED TO APPEAR AS A WITNESS In this action as follows unless you make a specl al agreement
with the person named In Item 3:
-Date: June 27,- 1983 -rim - 9--: 0 0 a. m
a. e. E Dept.: 1 Div.- Room:
_b. Address: 700 Civic Center Drive West, SaM Ana , CP 92*701
z. and you are
a. ordered to appear in person.
b. not required to appear in person if you produce' the records described in the accompanying affidavit in
compliance with Evidence Code sections 1560 and 1561.
c. =ordered to appear in person and to produce the records described in the accompanying affidavit. The personal
attendance of the custodian or other qualified witness and the production of the original records is required
by this subpena. The procedure authorized pursuant to subdivision (b) of section 1560, and sections 1561
and 1562, of the Evidence Code will not be deemed sufficient compliance with this subpena.
d. = ordered to designate one or more persons to testify on your behalf as to the matters described in the accom-
panying statement. (Code of Civil Procedure section 2019(a)(6).)
3. IF YOU HAVE ANY QUESTIONS ABOUT WITNESS FEES OR THE TIME OR DATE FOR YOU TO APPEAR, OR IF
YOU WANT TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED, CONTACT THE ATTORNEY REQUESTING THIS
SUBPENA, NAMED ABOVE, OR THE FOLLOWING PERSON, BEFORE THE DATE ON WHICH YOU ARE TO APPEAR:
a. Name: Kenneth S. Bayer b. Telephone number: (714) 851-0441
4. WITNESS FEES: You are entitled to receive witness fees and mileage actually traveled, as provided by law, if you
request them BEFORE your scheduled appearance. Request them from the person named in Item 3.
5. If this subpena requires your attendance at proceedings out of court and you refu ' se to answer questions or sign
as required by law, you must attend a court hearing at a time to be fixed by the person conducting such proceedings.
1-21
6. You are ordered to appear in this civil matter in your capacity as a peace officer or other person described in
Government Code section 68097.1.
Date: Clerk of the Court, by Deputy
[DISOBEDIENCE OF THIS SUBPENA MAY BE PUNISHED AS CONTEM Y THIS COURT. YOU WILL ALSO BE LIABLE
ISC
FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RN�LJNG FRQM YOUR FAILURE TO OBEY.
MT -1%
For Court Use Only
Dated:.
... 4)9NNETH. S.
.Attorney ...
(See reverse for proof of service)
Form Adopted by Rule 982
Judicial Council of Calif�-i,-
Revised Effective ja�4'8V I- 198� CIVIL SUBPENA
subpena)
. . . . . . . . . . . . . .
print name)
( Title)
T
AT-C';',NEY OR PARTY WITHOUT ATTORNEY (N�' AND ADDRESS) TELEPHONE NO FOR COuPT USE ONLY
K 'NETH S. BAYER, ESQ—.--
Et.
McDerrf�ott & Trayner
12-bl Dove Street, Sixth Floor, Newp6'rt Beach, CA 92660
ATTORNEY BAR * 100256
ATTORNEY FOR (Name) Defendant, Traweek Investment Fund No. -12, Ltd.
Insert name of court )ud,Claf clistrict of branch cc u ri it an� andi��Ft ott,ce anc; street adOress
ORANGE COUNTY SUPERIOR OU
700 Civic Center Drive West
Santa Ana, CA 92701
PLAINT IFF CASE NUMBER
ROBERT GLASSER 40-33-78
DEFENDANT
TRAWEEK INVESTMENT FUND NO. 12, LTD., a California limited partnership,
DFCI,ARATION FOR SUBPOENA DUCES TECUM
STATE OF CAI.Il-'OFINIA, COtjN'l'1'0FORANGK
The undersigned states: That he is attorney of record for Plaintiff/Defendant in the above entitled action, that
27, 1983 9:00 a.m.
said cause was duly set down for trial .. .... June .......... .......................... yeX." ....... at , ..................... ...... ..................
* i-�. 6,4 t � . . . ..............
In Department ..................... ........ ...................... .................. of the above entitled Court.
That .. ................. ...TONY MELUM
................................. ....................................................... 4 A ........ — ................................ ......................... .............................
has in his possession or under his control the following documents:
(Designate and name the exact things to be produced.)
THE DEPARTMENT OF MARINE SAFETYr CITY OF NEWPORT BEACH,
FILE ON HARBOR PERMIT NO. 124-3400.
That said books, papers, and documents or other things are material to the proper presentation of his case, and good
cause exists for their production by reason of the following facts:
THE FILE RELATES TO THE CONSTRUCTION AND OPERATION OF THE BOAT SLIPS.
AT ISSUE HEREIN.
June 4� 83 Newport Beach,
Executed.... ............. I ................................................. . 19 .............. I at .................. .......... ................. ......................................................... ...' California.
i declare under penalty of perjury that the loregoing is true and correct.
................ . ................ ... .................
ig�naru f Declarant)
i) � �
AENNETH S". BAYER
irg�\, F0182-5117.3 (R2/80)
al
CITY OF NEWPORT BEACH
lip
OFFICE OF THE CITY ATTORNEY
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
/Foix (714) 644-3131
� "J�y �2, --' P9 n 8 8
L
Mr. David Schultz
715 North Central Avenue
Suite 300
Glendale, CA 91203
Re: 3336 & 3366 Via Lido
Dear Mr. Schultz:
This is to confirm your telephone conversation with Peter
Carlson who is a Code Enforcement Officer with the City's Planning
Department. The City has been advised that you will be attending
the office conference scheduled for Tuesday, July 19, 1988, at
8:15 a.m. at the City Attorney's Office. The purpose of this
meeting is to discuss public access problems over parcels located
at 3336 and 3366 Via Lido. The result of this office conference
may impact the. public access requirements to your apartment
building.
Enclosed, for your reference, is the letter to the other
interested persons and a copy of the Resolution of the City
Council discussing the public access requirements.
Very truly yours,
Ij 6CL—
Carol A. Korade
Assistant City Attorney
CAK/mlh
cc: Donald M. Koll
Tom Levyn, Esquire
Donald E. Studer, Esquire
Jim Sinasek, Code Enforcement
Peter Carlson, Code Enforcement
Tony Melum, Tidelands Administrator
3300 Newport.Boulevard, Newport Beach
GLASSER AND SMITH
A Professional Corporation
Attorneys at Law
4000 MacArthur Boulevard, Suite 5500
Newport Beach, California 92660
(714) 752-2727
September 6, 1984
Kenneth S. Bayer
Mc Dermott & Trayner
1201 Dove Street
Newport Beach, CA 92660
Re: Traweek v. Glasser
City of Newport Beach Boat Slip Material
Dear Mr. Bayer:
Enclosed are all of the items from the evidence file in this case which appears to have
come from a file of the City of Newport Beach.
I believe it was Mr. Melum who had brought a file of material from the City. It is my
recollection, however, that only these documents from that file were put into evidence.
In any case this is all I have and this should resolve the matter. Please inform only if
you will not forward this material to the City.
Very truly yours,
GLASSER AND SMJITIHn
ROBERT GLASSER
RG:ai
cc. Mr. William M. Belding, Esq.
LAW OFFICES
MCDERMOTT & TRAYNER
RONALD G. TRAYNER* A PARTNERSHIP OF PROFESSIONAL LAW CORPORATIONS PASADENA OFFICE
JOHN A. McDERMC)TT, I]- 6T. FLOOR BT- FLOOR
STEVEN L.STERN . 1201 DOVE STREET 87 NORTH RAYMOND AVENUE
THOMAS B. CURTIS* PASADENA, CALIFORNIA 91103
KELLY TZSTOLIN* NEWPORT BEACH, CALIFORNIA 92660 AREA CODE 648
MICHAEL A. MCDERMOTT AREA CODE 714 792-S242
PATRICK K. MOORE 851-0441
ERIC E. JOHNSON
JAMES R. LAHANA
MICHAEL D. ROTH,
VICTOR C. IRELAND
BARRETT W. McINERNEY
JOHN R KRAVE August 30, 1984
NOAH D.RCSENBERG
JOAN E. LOUW
ROBERT L. WASHBURN
KENNETH S. BAYER
WAYNE J. MILLER
KAREN L. TAILLON
:A PROFESSIONAL LAW CORPORATION
MEMBER DISTRICT OF COLUMBIA AND CALIFORNIA BARS
46-13
William M. Belding, Esq.
19762 MacArthur Boulevard
Irvine, CA 92715
Re: City of Newport Beach
Department of Marine Safety
Boat Slip File
Dear Mr. Belding:
Today I received an irate phone call from the City of
Newport Beach Department of Marine Safety with reference to its
file on the boat slips adjoining Lido Marina Village and Mr.
Glasser's apartment buildings. The Department is demanding
return of its file with all possible dispatch. The reason I am
writing you will appear from the following recounting of the
facts pertaining to said file.
Shortly after the remittitur came back from the Court
of Appeal in the case of Glasser v. Traweek Investment Fund #12,
Ltd., we received a notice from the Superior Court that the Court
was releasing all evidence in the case, and would destroy it if
it were not claimed by the litigants within a certain specified
time. On June 12, 1984, within the time set forth by the Super-
ior Court for claiming the evidence, I travelled to the evidence
room at the Superior Court to retrieve the Department of Marine
Safety's file.
I was told by the clerk at the evidence room that
shortiv before Mr. Glasser, your client, had picked up the
Department's file, commenting to the clerk that "I need this for
some other matter."
On June 18, 1984P I telephoned your secretary, inform-
ing her that Mr. Glasser was in possession of this file and that
I was most anxious to see it returned to the Department. Your
secretary assured me that everything would be taken care of. The
-:DE:RMOTT & TRAYNER
William M. Belding, Esq.
August 30, 1984
Page 2
next thing I heard on this matter was today's telephone call from
theDepartment, from which I came to the obvious conclusion that'
Mr. Glasser was still in possession of the file.
To the f orgoing I wish to add that, immediately f ol-
lowing trial of this matter, I was promised%by-Mr. Ritsema that
we would receive all possible cooperation from Mr. Glasser and
his lawyers with respect to returning the Department's file as
soon as was possible. Mr. Ritsema gave me these assurances in.
response to my specific inquiry to him, which inquiry was prompt-
ed by my having promised the Department that I would do every-
thing I could to retrieve their file expeditiously.
The purpose of this letter is to request that you take
immediate steps to return the Department's files. You should be
aware that the Department is most upset and has threatened to
take action if its file is not returned forthwith.
Very truly yours,
McDERMO & TRAYNER
By:
nneth S3. Bayer
KSBIls
CC: Mr. Robert Glasser
Mr. David Mosher
Mr. Tony Melum