HomeMy WebLinkAboutM2002-0115 (2)'O"W,
J_f�int_torT_1 Worksheet for Combo Building & Solar Permit Application a
F- Comm] F— Residential City of Newport Beach - Building Division 13 1
NOTE: PLAN CHECK FEES DUE AT TIME OF SUBMkoAnp PRMUPCE&I,
F— Building F_ Grading
F—Drainage [_ Elec F_ Mech Plum Cu Yd Cut FCITy omWpor BEACH
Project Address (Not mailing address) F_ Flood I— Fire F— Liq r— Landslide /A F
13450 VIA OPORTO
T—
Description of Work
Use F Const Type F
Re -deck 35'of main walk for slips #703 - #704. Re -deck 29'of main walk for slips #727 - #728 and
4'pastrnainvvaIkfors'ip#7E)3.
Re-deek (2) fingersfor slip 0765. Re-deck64'ofmainvvaIkfor
# Stories[ # Units (if Resf
slips #705 - #708.
Valuation
New/Add SF
RemodelSFI )0(— Garage/New/Add I
$
Material/Labor
OWNER'S NAME
Last Lido Group Retail, LLC First
Owner's Address
Owner's E-mail Address
13700 Newport - Boulevard
#104 Jacquelyn.chung@sbcglobal.net
City INewport Beach
State CA
F Zip 192663 Telephone 1
APPLICANT'S NAME
Last lChung First IJacquelyn
Applicant's Address
Applicant's E-mail Address
12027 Placentia Avenue
iJacquelyn.chung@sbcglobal.net
City ICosta Mesa
State Zip 192627 Telephone 1 949.631.3121
ARCHITECT/DESIGNER'S NAME Last First Lic. No.
Arch itect/Des ign er's Address
Architect/Designer's E-mail Address
City
State F Zip Telephone
ENGINEER'S NAME
Last First Lic. No.1
Engineers Address
Engineer's E-mail Address
city
State F__Zip Telephone
CONTRACTOR'S NAMEXOMPANY jSwift Slip Dock and Pier Builders, Inc. Lic. No. 797052 Class A
F F
Contractor's Address
Contractor's E-mail Address
12027 Placentia Avenue
iJacquelyn.chung@sbcglobal.net
city lCosta Mesa
State [CA Zip 192627 Telephone 1 949�631.3121
SETBACKS REAR
SETBACKS FRONT PERMIT NO.
SETBACKS LEFT
SETBACKS RIGHT PLAN CHECK NO.
USEZONE
DEVELOPMENT NO PLAN CHECK FEES $
4
) 2-4 -34- 0 o
�'CIVTY OF NEWPORT BEACH
CITY OF
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IRPRICANT'S NRMELI 1DO kft 0 F ?,1M LI& tJOB FMDRESS 7AqD VIA OR�r± FP'RTt'f - it IZ14
. I
co
U=0 310 Golden Shm, S.it. 100
Long Beach, CA 90802
Phone: 562.308.2350
V" L3?Q6
4:1 FILL SLOPE
NOW_
0 20' 40' 80,
GRAPHIC SCALE
ENLARGED PLAN
PURPOSE: Emergency sand fill ENLARGED PLAN Emergency Bulkhead Stabilization
to stabilize erosion at bulkhead Lido Village Marina
toe. 3400 Via Oporto
Sand Quantity 250 cy Owner: DJM Capital Partners, Inc. Newport Beach, CA 92663
c1ba Lido Group Retail, LLC IN: Newport Harbor
Datum: MLLW 0 AT: Newport Beach
7777 Edinger Avenue, Suite 133 County of Orange State: CA
Ad*. Property Owners: Application By:
1. j DJM Huntington Beach, CA 92647 Sheet 2 of 3 Date: 11/2013
310 Gold.,, Sh.re, S.ite 100
LaLong Beach, CA 90802
Phone: 562.308.2350
100.0,
EX.
BOARDWALK— uJ
Ld
EX.
BUILDING
Lij
+9.0 4:1 FILL SLOPE
+8.0
Ll
jZ
EX. TIMBER FLOATING
DOCK SYSTEM
J L 1.5 MLLW
L
—3.5
UL -i --j
--j
iPROPOSED
U
—14.5
2013 EXISTING
ELEVATIONS
SAND
FILL
TYPICAL SECTION.
SCALE- HORIZ 1:20
VERT 1:10
PURPOSE: Emergency
sand fill
TYPICAL SECTION
Emergency Bulkhead Stabilization
to stabilize erosion at
bulkhead
Lido Village Marina
toe.
3400 Via Oporto
Sand Quantity 250 cy
Owner: DJM Capital Partners, Inc.
Newport Beach, CA 92663
IN: Newport Harbor
dba. Lido Group Retail, LLC
AT: Newport Beach
Datum: MLLW 0
7777 Edinger Avenue, Suite 133
County of Orange State: CA
Ad'. Property Owners:
i
Huntington Beach, CA 92647
Application By:
1. DJM
I
Sheet 3 of 3 Date: —jj-/2013
LOCAL AGENCY REVIEw FORM
SECTION A (To BE COMPLETED BY APPLICANT)
Applicant Lido Group Retail, LLC
Project Description Stabilization of existing seawall to prevent failure due to erosion
Location 3400 Via Oporto, Newport Beach
Assessor's Parcel Number 423-123-05, 423-123-06, 423-123-07,423-123-08
SECTION B (To BE COMPLETED BY LOCAL PLANNING OR BUILDING INSPECTION DEPARTMENT)
Zoning Designation
General or Community Plan Designation
dulac
du/ac
CEQA Status
M Categori ' cally Exempt Class I- Existing Facilities Item (d)
F] Negative Declaration Granted (Date)
Environmental Impact Report Required, Final Report Certified (Date)
101
on
Other
FeTdFC-R1J 4=1 M1-V7z,-01n1J, f
Date Title
11
Local Discretionary Approvals
Proposed development meets all zoning requirements and needs no local perm its other than building
permits.
F� Proposed development needs local discretionary approvals noted below.
Needed
Received
F-1
F]
Design/Architectural review
Variance for
Rezone from
Tentative Subdivision/Parcel Map No.
Grading/Land Development Permit No.
F1
n
Planned Residential/Commercial Development Approval
Site Plan Review
Condominium Conversion Permit
El
El
Conditional, Special, or Major Use Permit No.
n
n
Other
CEQA Status
M Categori ' cally Exempt Class I- Existing Facilities Item (d)
F] Negative Declaration Granted (Date)
Environmental Impact Report Required, Final Report Certified (Date)
101
on
Other
FeTdFC-R1J 4=1 M1-V7z,-01n1J, f
Date Title
11
Rke ntP_G A -e -a-4 41 gckA -,f - tf-�j
Worksheet for Building Combo Permit Application
.)mm'l F7 Residential City of Newport Beach - Building Division
. NOTE: PLAN CHECK FEE DUE AT TIME OF SU BMj-RTAh^r-4 w%r
K713uilding [7 Grading FlDrainage [7 Elec
Project Address (Not mailin!
Lido Marina Village
address
Description of Work
Reinforcing Existing Seawall by i itilizing Helical Anchrar
Plum C. Yd
Mech f
lffll'�MH
use [:71.,
# Stori r esF_11 # Units (if Res)[711,
Valuation $
New/Add SF[ Remodel SF Garage/New/Add 45,000.00
Material/Labor
OWNER'S NAME Last Pdo Group Retail
First
Owners Address L:, Do \�ef)+kAee ZIL-Owner's E-mail Address
xJs
city F State
E77� Zip Telephon
APPLICANT'S NAME Last GGGdffw First jRw7dr—
Applicanfs Address Applicants E-mail Address
JmP-,-�p6Ro 'Z,5_34(
City FN7P_W�eRh State Zip 192468q2L,�gelephoneFl - 2q, -
ARCHITECTIDESIGNER'S NAME
Last
First Lic. No.
Architect/Designer's Address
Architect/Designers E-mail Address
city State Zip Telephone
ENGINEER'S NAME Last kafari I First[M:7asoud Lic. Nro.IS3812
Engineees Address Engineers E-mail Address
125341 Commercentre Drive Suite 100
State
City Lake Forest Zip 192630 Telephone 949-206-9929
CONTRACTOR'S NAMEXOMPANY iSaber
1 Lic. No. ClassF:7
Contractor's Address Contractors E-mail Address
. ........ . __ -- ----- -- --------------
city I State zip Telephone F
ENERGY P/C FEE $ FIRE P/C FEE $ PERMIT NO. M7.10 1-3— 00
GRADING PIC FEE $ PLANNING P/C FEE $ PLAN CHECK NO.'" _�s io - 2-o 175
ELEC/PLUM/MECH P/C FEE $ PLAN CHECK FEE $
DEVELOPMENT # TOTAL FEES PAID $
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Walters, Li0a
From-
Plamen Petrov <P.Petrov@wsase.com>
Sent: Thursday, August 15, 2013 10:35 AM
To: Walters, Lisa
Subject: Lido Marina Village Seawall Reinforcing Behind Cruise Ship Eternity
Attachments: Lido Marina Village Seawall Reinforcing.pdf
Hi Lisa,
Attached please find a PDF file containing drawings for Lido Marina Village Seawall Reinforcing Behind Cruise Ship
Eternity. We met with Chris Miller on site a couple weeks ago. Thus, he is familiar with this project. Due to the urgency
of the matter, I'd like to stop by your office sometime today to get these drawings signed. How does it work for you?
Regards,
Plamen Petrov, P.E.
Senior Project Manager
William Simpson & Associates, Inc.
Structural Engineers
25341 Commercentre Dr, Suite 100
Lake Forest, CA 92630
Tel. -(949) 206-9929 ext 403
Fax:(949) 206-9955
5 Worksheet for Building Combo Permit Application
UU U
F Comm1 F Residential City of Newport Beach - Building Div k iR^ES
NOTE: PLAN CHECK FEE DUE AT TIME Q=QRRES
F713uilding F Grading F7..Drainage F-1 Elec r Mech F Plum QU YU41Y ur lltww�.l Dcmv..n
Project Address (Not mailing address) Wut e I
3440 VIA OPORTO
Description of Work
Use
Remove 4'x 89'exsting deck headwalk Replace
Douglas Fir
Vvood
section. with new wood
decking
# Stories17 # Units (if Res)[ .. ..... ......
.......... ...... . ... .. ...........................
............... .. ............................ .
............................................... - .................. .......... ..................
New/Add SFJ
Remodel SF Garage/New/Add
Valuation $
'000
Material/Labor
OWNER'S NAME
Last DJM Capital Partners
...... ......... ............. .... .. ..... ........................................................................
First
... ................................... ........... . . ...... ........... ... ...................
. - I
Owner's Address
Owner's E-mail Address
7777 Edinger Avenue Suite 133
n.chung@sbcglobal.net
City Huntington Beach
.................... ... ... ...... ......
State
.................
zip F9 2647 Telephone 949.631.3121
........... .............. ...... . .
APPLICANT'S NAME
Last Swift First ete
. ...................... F .......... ............ .. .......... . .... ...
Applicant's Address
Applicant's E-mail Address
2027 Placentia Avenue
..................
.......... .............. ............ ...
Jacquelyn.chung@sbeglobal.net
city Costa Mesa
. ..............
State
..........
Zip 92627 Telephone 949.631.3121
.................... .. .......................
ARCHITECT/DESIGNER'S NAME
Last
.................................................. .............................................................
First Lic. No.
..... .... .........................
Arch itect/Desig ner's Address
17
Arch itect/Designer's E-mail Address
...... . . ........... ................. . .. ...................................................................
City
17777 ..................... ......................................
. ... .................. . . .. ... .......................................................
State
. . .. . . .. .. . .... ..... . ................................... ... ..........................
Zip Telephone
ENGINEER'S NAME
Last
First Lic. No.
.......... ............ .. ............................ .....
Engineer's Address
Engineer's E-mail Address
F.-
.. .... ...... . . .. ..... . .. ........ . . .. .. ...... .. ..........
city
............ .. . . . .... ........ ... ... ............... .... ...................... .....
State
.....................
zip Telephone
CONTRACTOR'S NAMEXOMPANY jSwift Slip Dock and Pier Builders, Inc. Lic. No. Class JA
.......... . . ... .. . ............... ............ .... ...................... ...... - ....................
Contractor's Address
Qontractor's E-mail Address
2027 Placentia Avenue
......
... . ................. . ......
Jacquelyn.chung@sbcglobal.net
City Costa Mesa
State
Zip Telephone 949.631.3121
.......... - ..... ...... ..... ..... - ....................... -
ENERGY P/C FEE $
FIRE P/C FEE $
PERMIT NO.
GRADING P/C FEE $
PLANNING P/C FEE $
PLAN CHECK NO. C 2_0 LZ)
ELEC/PLUM/MECH P/C FEE $
PLAN CHECK FEE $
DEVELOPMENT #
TOTAL FEES PAID $
�CIJY OF NEWPORT BERCH
CITY OF
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em .............. ..........
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.............
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PEU-1419P
,RGY P/C FEE $
PLAN CHECK NO.
OING P/C FEE $
PLAN CHECK FEE $
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HARBOR PERMIT 5k_Z415
TRANSFER APPLICATION
829 Harbor Island Drive
Newport Beach, CA 92660
949-64,4-304.4/fx 949-723-0589
**Date o.f Applicaton: Permit Number: 13L
**Property Address: nmp�
**Buyer's Names:
Buyer's Signatures:
Billing Address:
Telephone No.:
* I
*Sel: er's Names:
Seltees-gigRature�
Se I I eer�s
Je4itGwna� Signature:
"Escrow Company:
"Address
**Escrow Number,
Closing Date (Estimate):
*-*STARRED ITEMS MUST BE -COMPLETE TO BEGIN -THE PROCESS. -
Inspection Date: Reinspection Date:
Fee Paid: Qheck No: ST7?,o2_
Application Complete:_- ki-
Harbor Resources SignaturelDate
Special Conditions: This permit is revocable by the City Council
in accordance With Title 17 of the Newport Beach Municipal Code,
Fidelity National Title
Fax# 949.477.6835
Re: Pier Permit #124-3400
3400 Via Oporto
Escrow # 23018703
Dear Fidelity National Title,
The Harbor Resources division has received the completed, signed application
and fee for the pier permit transfer. The pier inspection performed by our office
has determined that it meets City standards. Thank you for your help.
For further assistance in this matter, please contact this office at 949.644.3044.
Sincerely,
Lisa Walters
Harbor Resources
FLAIRBOR PERMIT
A lv:�
TRANSFER APPLICATION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3044/fx 949-723-0589
**Date of Applicaton: 5-lek Permit Number:
'Property Address:
**Buyer's Names:
Buyer's Signatures: -
Billing Address: kj9 X, IVA,*-Xf,4- -�4ee� #//.2V
,�Qnc
Telephone No.: /- 410&)
'Seller's Names:
WUC = VENJU46.-LL12,
211,, 12 7-�k VV LL�p ag- CkU
V r
Jeint49Wn4Cr Signature: g,
'Escrow Company: /V A Ala In W tig Phone#,,,,,,,,ft-6a-'/?//
'Address tbye-, S
(L&le, 411AW &A�h
"Escrow Number: **Fa"x j
Closing Date (Estimate): mhv Email: 1jdUYs,&;X. BOM
*STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
Inspection Date: Reinspection Date:
Fee Paid: Check No:
Application Complete:
Harbor Resources Signatureffiate
Special Conditions: This permit is revocable by the City Council
in accordance with Title 17 of the Newport Beach Municipal Code.
REORDER 805 - U.S. PATENT NO. 5538290, 5575508,5641183, 5785353, 5984364, 6030000
Vendor No. 62201 Check No. 577802
UhhhNULKlU I KAUKIU Vendor Name: CITY OF NEWPURT BEAGH, UALII-UKNIA uneCK uate: ub/i tvi a
..................
N,.M
T.T. ........ ............. ......
g�qo. ... . - ........ . ...... W. '.'u - -.T'
05/16/2013 73051613278 16000/City of Newport Beach, CA re: Harbor Permit Transfer Application/K $ 278.00
Karen M. Willis
Tel. 650.289.7877
Fax 650.462.7821
WillisK@gtiaw.com
May 16,2013
VIA FEDEX
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA 92660
Attention: Lisa Walters
ALBANY
Re: Lido Permit Transfer AMSTERDAM
ATLANTA
Dear Lisa: AUSTIN
BERLIN -
Please find enclosed the Harbor Permit Transfer Application and a check in the amount of BOSTON
$278.00 regarding the foregoing. BRUSSELS -
CHICAGO
Please let me know if you have any questions regarding the enclosed. DALLAS
DELAWARE
DENVER
Sincerely yours, FORT LAUDERDALE
HOUSTON
GREENBERG TRAURIG, LLP LAS VEGAS
LONDON'
LOS ANGELES
MIAMI
MILAN -
Karen Willis NEW JERSEY
NEW YORK
Enclosures ORANGE COUNTY
ORLANDO
PALM BEACH COUNTY
PHILADELPHIA
PHOENIX
ROME -
SACRAMENTO
SHANGHAI
SILICON VALLEY
TALLAHASSEE
TAMPA
TOKYO'
TYSONS CORNER
GREENBERG TRAURIG, U -P 0 ATTORNEYS AT LAW 0 WWW-GT-LAW.COM WASHINGTON, D.C.
1900 University Avenue, 5th Floor 0 East Palo Alto, California 94303 N Tel 650.328.8500 Fax 650.328.8508 WHITE PLAINS
SV 3471705720
ZURICH
-SMATEGIC ALLIANCE
INSPECTION FORM
Harbor Resources Department
Date:
Inspection Requested By:
Inspector:
Pier Address:
(Pier Transfer
Reinspection
GFI Present Yes., Need None Needed Yes Need
Anti -Siphon I Backflow Present
Other Comments
Eelgrass
Pate Time F] Eelgrass Within 15' of Project.
F] Eelgrass Within 15'- 30'of Project
F] No. Eelgrass in Project Area
Pump Out
Pier Location
Yes No
Operational
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments / Observations
Other Request
Map Output Page 1 of I
http://www6.city.newport-beach.ca.uslseirvleticom.esri.esrimap.Esrimap?ServiceName=n... 05/20/2013
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Date of Applicaton:
Property Address:
HARBOR PERMIT
TRANSFER APPLICATION
Permit Number:
Buyer's Names:
Billing Address:
Telephone No.:
Buyer's Signatures:
Seller's Names:
Seller's Signatures:
Joint Owner Signature:
Escrow Company:
Address
Escrow Number: Fax #:
Closing Date -(Estimate):
Inspection Date: Reinspection Date:
Fee Amount:
Date Paid: Check Number:
Application Complete:
&
Harbor Resources SignaturelDate
Special Conditions: This permit is revocable by the City Council
in accorda nce.with Title 17 of the Newport Beach Municipal Code.
Ww'"MIF15-
WORKSHEET FOR BUILDING PERMIT APPLICATION
CITY OF NEWPORT BEACH
�BUILDING,& PLANNING DEPARTMENTS.
PLEASE PRINT
1.PROJECT ADDRESS (NOT MAILING ADDRESS)
FLOOR
SUITE NO.
ZIP"
3400 Via Oporto, Newport Beach
N/A
N/A
92663
LEGAL DESCRIPTION
No. UNITS
LOT BLOCK TRACT
N/A
2.DESCRIPTION OF WORK reconfiguration of existing dock to accomodate
ndw-vessel. for Electr-W- Cr Iseq,
ESTIMATED $ VALUATION
EXISTING STRUCTURE SQ.'FT.
PROPOSED NEW'/ ADDITIONAL SQ. FT.
NEW ADD, ALTER DEMO IF] OTHER.
USE OF STRUC I TURE commercial No- OF STORIES N/A
3.OWNER'8 NAME LAST FIRST M.I. PHONEVO.
Marvin Engineering Co.., Inc. Dba Lido Marina Village,� (940, .675-8662,
OWNER'S ADDRESS
CITY
STATE,
ZIP
3400 Via Oporto #104
Newport B=each
CA
APPLICANT'S NAME LAST FIRST
PHONE NO.
Shellmaker Inc.
(940) 548-5359"
APPLICANTIS ADDRESS
CITY
STATE
Z IP
875 B. West 15 th Street'.
Newport Beach
CA
92663
5.ARCHITECTI,S NAME LAST FIRST
STATE LIC.. NO..
ARCHITECT'S ADDRESS
CITY
STATE
ZIP
PHONE NO.
'6.ENGINEERIS NAME LAST FIRST
STATE LIC. NO.
Kn&ss & Associates Kniss Sam
'17277
EXG�INEERIS ADDRESS,
CITY
STATE
ZIP
PHONE NO.733- ff�
30
Irvine
CA
92714�
949737#$4-9"11
7.CONTRACTOR-IS NAME
LIC. CLASS
STATE LIC. NO.
Shellmaker Inc
A&B
561434
CONTRACTOR'S ADDRESS
CITY
STATE
ZIP�,
PHONE NO.
875 B, West 15th StT!T!=r�,qr I
ewpor tB cd
CA.
92663
(949)5485359
COMPANY NAME�(if d ffe en
NEWPORT, BUS. LIC. NO.
BT0009706
_7
OFFI`CE USE"ON 4ding Dept Yellow Casfiie�. Pink: Applicant
Ly ------ - ��hit'�:'j Bu
LCITY OF, NEWPORI BEACH �ERMIT NO.
TYPE QF��CONSTRUCTIO PLAN CHECK Nlb.'
OCCUP NCY GROUP
CLAS'S CODE A U (:��ILAN CHECK;FEE $
WPM
wv, �,V_W_ pm ".4
1� 1 m! !I:
WORKSHEET FOR BUILDING P9RMIT APPLfCATION
4"",, T
CITY OF'NEWPOkT BEACI1
BUILDING & PLANNING DEPARTMENTS,
PLEASE PRINT,
1.PROJECT , ADDRESS (NOT MAILING ADDRESS)
FLOOR '�SUI
=NO.
ZIP
3400 Vi� 00ott6j,Newport Beach
N/A
N/A
926,03
LEGAL,DESCRIPTION
No
LOT BLOCK TRACT
dqFk to acComodate
2.DESCRIPTION OF WORK reconfigurati" of existing
neV'vessel for,Ele0trU Crutset,
ESTIMATED $ VALUATION,
.EXISTINGSTRU RE, SQ.1FT.
-CTU
PROPOSED NEW, ADDITIONAL S,Q. FT.
NEW. ADD ALTERI DEMO
OTHER
USE,OF.1STRUCTUAE commercial N'01.. OF STORIES N
:3. OWNER S, NAME IAST FIRST M'.
PHONE, NO'.
Dba ge
Marvin Engineering 'Co.,% Lido Marina Villa
67t Z
OWNEWS,ADDkES8'
sCiTY"',
STATE
`1�
'Z IP
�Via potto #104
Newport Bea
96 cwa
"I""OZANT, 'I'S NAME. LAST FIRST
PH- 0 E; NO.
C 944 'S -,535
40
. . . . . . . . . . . .
- - - - - - - - - - - -
-----------------
----------
APPLI-C1�,NT,S,41ADDRESS:,
Ci Ty
STATE,
zip
:875 S, Weiit:��15.th .,Street
Newport Beach
9266 3
5. ARCHITECT, S,NAME FIRST,
LAST
STATE LIC.
ARGHITECT.'s -ADDRESS
CITY'
STAT E
PHONE- NO.,
STA LIC. NO�.,�;:"-,_
m
6.ENGINEERIS NAME: LAST FIRST
Associates Kniss �'Sam
17-2 71
ENGINEER'S ADDR'E88�
CITY
STATE
ZIP
"PHONE: NO.7 3 6'4
Irvine
CA
92 714''
7.CONTRACTO RIS NAME
LIC. CLASS:
STATE. LI C' "
shelliake"r Inei
56143 4:,
ZIP,',
0
EPH E NR
6359
CONTRACT OR "'S DP
Y�
STATE
87!5 t, West 15th treat
NeUpor eac
CA:
92663
v-5 4
NAME (-j"r' diffelrent).'...
NEW N
I C
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OFFICE USE'Iit�,ONtY Building�Dept Yettow: cas'mer�� Pink,:: Apolilcaht
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kC Ty .,BEA
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OCCUP NCY GROUP
LAS�
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j,TY OF
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3/4
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14'
3166,
4360
4954
5549
15'
2955
4069
4624
5179
16'
2770
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4335
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17'
2607
3590
4080
4570
18,
2463
3391
3853
4316
19,
2333
3212
3650
4089
20'
2216
3052
3468
3884
21'
2111
2906
3303
3699
22'
2015
2774
3153
3531
23'
1927
2654
3016
3377
24'
1847
2543
2890
3237
25'
1773
2441
2774
3107
26'
1705
2347
2668
2988
27'
1642
2261
2569
2877
28'
1583
2180
2477
2774
29'
1528
2105
2392
2678
30'
478
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-231-2
CLIENT JOB NO.
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ENGR 52%�e5 DATE
SHEET NO.— OF
CK — DATE
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DATE i By I
1-1--ily rj.Dry - I
QUANTITY = 8 NOTES
3.
-Lq "
4000 PSI @ TRANSFER L MOVING
Pc 6000 PSI @ 28 DAYS & TIME OF DRIVINC
MIX DEStriN 44 UV -119A
2, REINFnRCING
PRESTRESSING STEEL SHALL C13NFORM TO
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V-13 SPMAL W-3.5 SP]RAL
AS S)OWN IN PLAN vlEv.
3. EFFF7r:TTVF PRLjT,=
EFi'ECTIV� PRESTRESS IN STRAND = J64.7 KST
EFFECTIV--- PRESTRESS IN CONCRETE = 779 PSI'
4. SFr-TInN PRnPFRTIES
18' SQUARE PILE
AMLA = 3d4 SU.jN.
As = 10 STRAND X .153 SOAN, = 1.53 SQ,IN.
,STRANDS EQJALLY SPAM VETGHT = 350 POUNDS PER FE30T
S. PILE PTcxup PnfNTs
.15L 35L 35L qL
a PoINr PICKUP
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L
WJAW 2 POINT PICKI;P
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A 15 - 2'--" 4
WILMINGTON, CALIFORNIA scALE N,T.S, SHEET 13F
mmwwbm�
FILE NO: PILE-CHT.6
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I LEVER.
I 0-TENSIONF
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908
1288
1478
1667
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842
1196
1372
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1116
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1047
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492
698
800
903
251
472
670
768
867
261
454
644
738
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271
620
711
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SPECIFICAtIONS
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SPIPAL . . . . . . . . . . . . . .
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IHI'TIAL FORCE 61RAND: _ 20,750 Lbs. x d( StrarleS
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HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
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: Modify existing docks to comply
with City of Newport Beach fire code standards.
Address number must be stenciled on 1 bayward facing pile.
jPier conditions must be signed by applicant prior to final approval.
113roperty Address: 3400 Via Oporto, STE 104, Newport Beach, CA 92663
Legal Description:
lHarbor Permit Number: 124-2400
jPlan Check Number: 3012-2004 1 1
jApplicant: Lido Marina Village
Applicanfs Mailing Address: 3400 Via Oporto, STE 104, Newport Beach, CA 92663
Phone Number: 949-675-8662
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application.
And find
Page 1 of 2
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
Pier Permit Conditions
November 19, 2004
Property Address: 3400 Via Oporto, STE 104, Newport Beach, CA 92663
With reference to the plans currently under consideration to reconfigure or modify the dock
system, the following conditions will now be in effect on the above referenced pier.
1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of
Newport Beach Municipal Code. The pier permittee understands that the above referenced
r)ier is under the r)urview of these Policies and Codes.
2. Any future work on the above mentioned pier requires permits with the City of Newport
Beach and any other applicable agencies. Painting, replacement of rub rails and work
considered to be cosmetic in nature does not reauire a Dermit.
3. The conditions set forth in this document pertain to the current, proposed dock system
under consideration. Any future modifications or alterations to the dock system may require
new conditions which mav override or chanae these conditions.
4. Only 'marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio
furniture, plants etc ... are not permitted.
5. Vessels will be allowed to project beyond the end of the finger / slip by the width of their
beam.
Signature:/ / 64-i � V1,61 ) 1-710
Chris 'Mil*'r, Harbor Resolurce Supervisor
Ap Print Name
Joint Pier Applicant Signature (if applicable) Print Name
They comply with the current adopted Newport Beach General Plan, Zoning
Ordinance, Subdivision Ordinance and any applicable specific or precise plans or,
o That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concent and said ar)r)roval has been written unon said Oans. sianed and dated.
Should Newport Beach 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 a's of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted thereunder, this development:
XHas been determined to be ministerial or categorically exempt.
o Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
c 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. The development is not subject to
reiection in principal bv Newport Beach unless a substantial chanae is proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
conditions to the pier permit.
Tom Rossmiller, Manager, Harbor Resources
Signature:
Chris Miller, Harbor Resources Supervisor
November 19, 2004
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
WORKSHEET FOR BUILDING FIRE PERMIT APPLICATION
HARBOR RESOURCES DiV.
CITY OF NEWPORT BEACH PORT BEACH
CITY OF NEI
,I
P1 FARF PPINT (W TV= BUILDING DEPARTMENT ckvl' �- M, " ("b"I'A
1. PROJECT ADDRESS (NOT iTAILING ADDRESS)
F1 OOR
SUITE NO.
3400 Via Oporto, Newport Beach
714 434-9922
LEGAL DESCRIPTION
No. UNITS
LOT BLOCK TRACT
I
2. DESCRIPTION OF WORK USE
Modify existing - docks to comply with City of
Newport Beach fire code standards
# OF STORIES
IVALUATION $ 40, 000. 00
NEW F-1 ADD F-I
Check Appropriate Box
E] 3. OWNER'S NAME
f --j - / ) DEMO [:]
Lido Marina Village
OWNER'S ADDRESS
3400 Via Oporto, Suite 104
CITY STATE
Newport Beach CA
F] 4. ARCHITECT/DESIGNER'S NAME
ARCHITECT/DESIGNER'S ADD
CITY STATE
5. ENGINEER'S NAME LAS
William Simpson & Assoc. Inc.
ENGINEER'S ADDRESS
151 Kalmus Drive C-140
CITY STATE
Costa Mesa CA
6. Eh0eN1TymAakTOR'S1NA
er nc�E
CONTRACTOR'S ADDRESS
2035F Placentia Avenue
CITY STATE
Costa Mesa CA
OFFICE USE ONL Y
TYPE OF CONSTRUCTION
OCCUPANCY- GROUP
SQ FT
ZIP PHONE NO.
92663 (949) 675-8662
FIRST LIC. NO.
E-MAIL
ZIP IPHONE No-.
FIRST . STATE LIC. NO
Jafari Masoud
I S 3812
1 ENGINEER'S E-MAIL ADDRESS
ZIP
PHONE NO.
92626
714 434-9922
BUSINESS LIC.
STATE Li��.—
BT00009706
561434 A&B
—E-MAIL
No. Class
CONTRACTO?�S ADDRESS
;hellmaker@sbcglobal.net
ZIP
PHONE NO.
92627
1949 548-5359
PERMIT NO.
PLAN CHECK NO.
PLAN CHECK FEE $ 10,
PLAN CHECK ENG.
ICITY OF NEWPORT BERCH
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FIRE & MARINE DEPT
CITY OF NEWPORT BEA &6VPOA'Crr 54y -.Seff .06rA /4 5;41 r e
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SAM F. KNISS
CONSULTING CIVIL ENGR-,
CL17377
19 AGATE
IRVINE,CA.. 92614
(949) 733-8430
U. S. AK`0�716C 7-
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19 AGATE
IRVINE, CA. 92614
(949) 733-8430
SP6-�c--7-? OP -2-
2-/E\ RELOCATED
OR (N) 12^ SO
CONC PILES—
PROPO5ED
15'x61.5' FLOATING
DOCK TO SUPPORT
THE 80' LC ADA
(E) RELOCATED OR
/N\ 16" 3O CONC
/N\ 12" SO
CONC PILE -
(E) GANGWAY TO 0
REMAIN /k TO BE ~
U
WIDENED ~
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PROPOSED 80' LGU
ADA GANGWAY BY
OTHERS�
(E) RELOCATED ORE
/N\ 12" 3D C0NC �
CONCRETE
PLATFORM TO
SUPPORT THE '
ADA GANGWAY--�
27'-6^±
`ROPOSED 8'x93'
lDAllNG DOCK
20" 3(} C0NC
qLE TYP
TOTAL OF 4)
`ROPOSED 4'x4'
|EMOVABLE FILLET
E\ FLOATING DOCK
�m_r,-, 4/ZA IIjEr-��1ouw-Z
-------------
\—(E) BULKHEAD
DOCKS & PILING LAYOUT
APUCANTS NAME :UD0 MARINA VILLAGE LOT: TRACT:
JOB ADDRESS :LIDO MARINA VILLAGE Cum\naC|uR :SHELuwaKER. INC. DATE
NEWPORT BEACH, CA 92663 2035 F PLACENllA AVENUE
\ � COSTA MESA, CA 92627
ST,' 'DF C'�k!_IFORNIA -THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
SOUI h COAST DISTRICT
PO Box 1450
200 Oceangate, 10th Floor
LONG BEACH. CA 90802-4416
www.coastal.ca.gov
3400 Via Oporto, Ste.#104
Newport Beach, CA 92663
Date: February 14, 2006
Permit No. 5-05-005
Please be advised that the Administrative Permit with the above permit number
which was sent to you on January 19, 2006 and was reported to the
Commission on Wednesday, February 8, 2006 is now fully effective.
Development of your project is subject to compliance with all terms and conditions
specified in the Administrative Permit.
Should you have any questions please contact our office.
Sincerely,
PETER M . dOUGLAS
By: FE"IE J). SY
CoastaV�am Analyst
cc: Local Planning Dept.
Shellmaker, Inc., Attn: Lisa E. Miller, President
dt CALIFORNIA COASTAL COMMISSION
S�ATE'01` CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Permit Application No. 5-05-005
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302 W 3a Date: January 19, 2006
(562) 590-5071 Page 1 of 7
ADMINISTRATIVE PERMIT
APPLICANT: Marvin Engineering Company
AGENT: Shellmaker, Inc. Attn: Lisa Miller
PROJECT
DESCRIPTION: Removal and demolition of a portion (6'x 42'hdadwalk, 2-4'-6" x 40' fingers, 1-
14" square pile and 1-12" square pile) of an existing commercial wood dock
system and installation of a new wood section (8' x 93' section, 4-20" square
concrete piles and 2-18" square concrete piles) and relocation of an existing pile
(12" square pile). Currently, there are four (4) slips and post project there will be
four (4) slips.
PROJECT
LOCATION: 3424 Via Oporto, Newport Beach (Orange County)
EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special
conditions, appear on subsequent pages.
NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is
reported to the Commission at its next meeting. If one-third or more of the appointed
membership of the Commission so request, the application will be removed from the
administrative calendar and set for public hearing at a subsequent Commission meeting. Our
office will notify you if such removal occurs.
T
his permit will be reported to the Commission at the following time and place:
Wednesday, February 8, 2006
10:00 am
City Council Chambers
276 4th Ave
Chula Vista, CA 91910
IMPORTANT - Before you may proceed with development, the following must occur:
Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate
copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return
it, to our office. Following the Commission's meeting, and once We have received the signed
acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of
Administrative Permit Effectiveness.
BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT,
GTIVENF-55 FKUNI THIS UFFICE.
PETER DOUGLAS
Executive Director
By: Fernie Sy
Title: Coastal Program Analyst 11
5 -05 -005 -[Marvin Engineering Company]
Administrative Permit
F;age 2 of 7
STANDARD CONDITIONS:
1 Notice of Receipt ' and Acknowledgment. The permit is not valid and development shall not
commence until a copy of the permit, signed by the permittee or authorized agent,
acknowledging receipt of the permit and accepta nce of the terms and conditions, is returned to
the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years from the date
this permit is reported to the Commission. Development shall be pursued in a diligent manner
and completed in a reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
Interpretation. Any questions of intent or interpretation of any term or condition will be resolved
by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee files with
the Commission an affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and
it is the intention of the Commission and the permittee to bind all future owners and possessors
of the subject property to the terms and conditions.
SPECIAL CONDITIONS: See pages four to seven.
EXECUTIVE DIRECTOR'S DETERMINATION (continued):
The Executive Director hereby determines that the proposed development is a category of
development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director
through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as
attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976
and will not have any significant impacts on the environment within the meaning of the California
Environmental Quality Act. If located between the nearest public road and the sea, this development. is
in conformity with the public access and public recreation policies of Chapter 3.
FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION:
A. Proiect Location and Descriotion
The subject site is located at 3424 Via Oporto in the Lido Marina Village in the City of Newport Beach
(Exhibits #1-2). The Lido Marina Village area of Newport Beach is designated for Recreation and
Marine Commercial and/or Retail and Service Commercial uses and the proposed project adheres to
this designation. The surrounding area is currently developed with similar private commercial boat
docks, retail establishments, restaurants and a waterfront walkway. These existing facilities provide
public access recreation and visitor commercial opportunities. The proposed project involves removal
and demolition of a portion (6' x 42' headwalk, 2-4'-6" x 40'fingers,, 1-14" square pile and 1-12" square
pile) of an existing_ commercial wood-dock-sys-tern and installation -of -a new wood section (-8' x 9T
section, 4-20" square concrete piles and 2-18" square concrete piles) and relocation of an existing pile
(12" square pile) (Exhibit #3). Currently, there are four (4) slips, each 40 -feet in length and post project
there will be four (4) slips, two (2) slips will be 40 -feet in length and two (2) slips will be 93 -feet in
length. Electra Cruises operates a charter boat business from these docks. The proposed project will
5 -05 -005 -[Marvin Engineering Company]
Administrative Permit
Page 3 of 7
not accommodate any new boats, only existing boats. The applicant is not seeking any change to the
existing charter operation. The purpose of this project is to bring the dock system into compliance with
the City of Newport Beach fire code, as recent City inspections of the site disclosed fire code violations.
The new configuration will allow for safer docking of their large vessels with a proper ingress and
egress in case of fire or other emergency.
The dock project will be used for commercial boating related purposes to serve Electra Cruises at the
Lido Marina Village. The site had been surveyed on November 10, 2004 by the City of Newport Beach
Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 -feet of the project
area. Surveys completed duriing the active growth phase of eelgrass are valid for 60 -days with the
exception of surveys completed in August -October. A survey completed in August - October shall be
valid until the resumption of active growth (i.e., March 1). The project is agendized for the'February
2006 Coastal Commission Hearing and by this time the eelgrass surveys would not continue to be valid
since 60 -days have passed since the survey was completed. The site has also been surveyed for
Caulerpa, taxiffiblia and none was found. This survey was completed on December 14, 2004 and is
only valid for 90 -days. The project is agendized for the February 2006 Coastal Commission Hearing
and by this time the Caulerpa taxiffiblia survey would not continue to be valid since it had passed 90 -
days from when the survey was completed. Thus, an up-to-date eelgrass and pre -construction
Caulerpa taxiffiblia, surveys must be conducted. These eelgrass and Caulerpa taxiffiblia surveys are
valid for a limited period of time (until the next growing season for eelgrass and 90 days for Caulerpa
taxiffiblia). If construction does not occur within the respective time periods, a subsequent survey will be
required. If any eelgrass or Caulerpa taxiffiblia are found on the project site, Special Conditions No. 2
and No. 3 identify the procedures necessary to be completed prior to beginning any construction.
The proposed project has received an approval in concept from the City of Newport Beach Harbor
Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the
proposed proje! ct will not adversely impact water quality if standard construction methods and materials
are used. The applicant has also applied for a permit from the U.S. Army Corps of Engineers. The
National Marine Fisheries Service (NMFS) has reviewed the project and has no objections to the
proposed work. The California Department of Fish and Game (CDFG) has also reviewed the project
and determined. that the will not result in a significant impact to fish and wildlife resources and their
habitats.
Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly
by the Commission in regions where the local government having jurisdiction does not have a certified
Local Coastal Program. The City of Newport Beach only has a certified Land Use Plan and has not
exercised the options provided in 30600(b) or 30600.5 to issue its own permits. Therefore, the Coastal
Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The
certified Land Use Plan may be used for guidance.
B. Marine Resources
The proposed recreational,, boat dock development and its associated structures are an allowable and
encouraged marine related use. The project design includes the minimum sized pilings and the
minimum number of pilings necessary for structural stability. There are no feasible less
environmentally damaging alternatives available. As conditioned, the project will not significantly
adversely impact eelgrassi beds and will not contribute to the dispersal of the invasive aquatic algae,
Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for
recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act.
5 -05 -005 -[Marvin Engineering Company]
I Administrative Permit
Page 4 of 7
C. Water Qualit
The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or
placement of construction material, debris, or waste in a location where it -could be discharged into
coastal waters would result in an adverse effect on the madne environment. To reduce the potential for
construction related impacts on water qualit I y, the Commission, imposes special conditions requiring,
but not limited to, the appropriate storage and handling of construction equipment and materials to
minimize the potential of pollutants to enter coastal waters. To reduce the potential for
post -construction impacts to water quality the Commission requires -the continued use and
maintenance of post construction BMPs. As conditioned, the Commission finds that the development
conforms to Sections 30230 and 30231 of the Coastal Act.
D. Local Coastal Program
The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP
was updated on January 9, 1990. As conditioned, the proposed development is consistent with
Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project,
as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program
that is in conformity with the provisions of Chapter 3.
E. California Environmental Quality Act (CEQA)
As conditioned, there are no feasible altematives or additional feasible mitigation measures available
that would substantially lessen any significant adverse effect, that the activity may have on the
environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the
identified impacts, is the least environmentally da-maging feasible altemative and can be' found
consistent with the requirements of the Coastal Act to conform to CEQA.
SPECIAL CONDITIONS:
Water Quality
A. Construction Responsibilities and Debris Removal
(1) No construction matedals, equipment, debris, or waste will be placed or stored
where it may be subject to wave, wind, or rain erosion and dispersion.
(2) Any and all construction material will be removed from the site within 10 days of
completion of construction.
(3) Machinery or construction materials not essential for project improvements will not
be allowed at any time in the intertidal zone.
(4) If turbid conditions are generated during construction a silt curtain will be utilized to
control turbidity.
(5) Floating booms will be used to contain debris discharged into coastal waters and
any debriis discharged will be removed as soon as possible but no later than the
end of each day.
5 -05 -005 -[Marvin Engineering Company]
Administrative.Permit
Page 5 of 7
(6) Non -buoyant debris discharged into coastal waters will be recovered by divers as
soon as possible after loss.
B. Best Management Practices Program
By acceptance of this permit the applicant agrees that the long-term water -borne berthing of
boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water
quality pursuant to the implementation of the following BMPs.
(1) Boat Cleaning and Maintenance Measures:
a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of
soaps, paints, and debris.
b. In -the -water hull scraping or any process that occurs under water that results in
the removal of paint from boat hulls shall be prohibited. Only detergents and
cleaning components that are designated by the manufacturer as phosphate -
free and biodegradable shall be used, and the amounts used minimized.
c. The applicant shall minimize the use of detergents and boat cleaning and
maintenance products containing ammonia, sodium hypochlorite, chlorinated
solvents, petroleum distillates or lye.
(2) Solid and Liquid Waste Management Measures:
a. All trash, recyclables, and hazardous wastes or potential water contaminants,
including old gasoline or gasoline with water, absorbent materials, oily rags,
lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will
be disposed of in a proper manner and will not at any time be disposed of in the
water or gutter.
(3) Petroleum Control Management Measures:
a. Oil absorbent materials shall be examined at least once a year and replaced as
necessary. The applicant will recycle the materials, if possible, or dispose of,
them in accordance with hazardous waste disposal regulations. The boaters
will regularly inspect and maintain engines, seals, gaskets, lines and hoses in.
order to prevent oil and fuel spills. Boaters will use preventive engine
maintenance, oil absorbents, bilge pump -out services, or steam cleaning
services as much as possible to clean oily bilge areas. Bilges shall be cleaned
and maintained. Detergents will not be used for cleaning. The use of soaps
that can be discharged by bilge pumps is prohibited.
2. Pre -and Post -Construction Eelarass Survey(s)
A. Pre Construction Eelgrass Survey; A valid pre -construction eelgrass (Zostera
marina) survey shall be completed during the period of active growth of eelgrass
(typically March through October). The pre -construction survey shall be completed
prior to the beginning of construction and shall be valid until the next period of active
growth. The survey shall be prepared in full compliance with the "Southern California
Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition)
adopted by the National Marine Fisheries Service and shall be prepared in consultation
B.
5 -05 -005 -[Marvin Engineering Company]
Administrative Permit
Page 6 of 7
with the California Department of Fish and Game. The applicant shall submit the
eelgrass survey for the review and approval of the Executive Director within five (5)
business days of completion of each eelgrass survey and in any event no later than
fifteen (15) business days prior to commencement of any development. If the eelgrass
survey identifies any eelgrass within the project area which would be impacted by the
proposed project, the development shall require an amendment to this permit from the
Coastal Commission or a new coastal development permit.
Post Construction Eeigrass Survey. If any eelgrass is identified in the project area
by the survey required in subsection A of this condition above, within one month after
the conclusion of construction, the applicant shall survey the project site to. determine if
any eelgrass was adversely impacted. The survey shall be prepared in full compliance
with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified
by this special condition) adopted by the National Marine Fisheries Service and shall be
prepared in consultation with the California Department of Fish and Game. The
applicant shall submit the post -construction eelgrass survey for the review and approval
of the Executive Director within thirty (30) days after completion of the survey. If any
eelgrass has been impacted, the applicant shall replace the impacted.eelgrass at a
minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern
California Ee.lgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated
at a minimum ratio of 1.21 (mitigation: impact). The exceptions to the required 1.21
mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall
require an amendment to this permit or a new coastal development permit unless the
Executive Director determines that no amendment or new permit is required.
3. Pre -construction Caulerpa Taxitolia Surve
A. Not earlier than 90 days nor later than 30 d ays prior to commencement or
re -commencement of any development authodzed under this coastal development
permit (the "project"), the applicant shall undertake a survey of the project area and a
buffer area at least 10 meters beyond the project area to determine the presence of the
invasive alga Caulerpa, taxifolia. The survey shall include a visual examination of the
substrate.
B. The survey protocol shall be prepared in consultation with the Regional Water Quality
Control Board, the California Department of Fish and Game, and the National Marine
Fisheries Service.
C. Within five (5) business days of completion of the survey, the applicant shall submit the
survey:
(1) for the review and approval of the Executive Director; and
D.
(2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team
(SCCAT). The SCCAT Surveillance Subcommittee may be contacted through
William Paznokas, California Department of Fish & Game (858/467-4218) or Robert
Hoffman, National Marine Fisheries Service (562/980-4043).
If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not
proceed with the project until 1) the applicant provides evidence to the Executive
Director that all C. taxifolia discovered within the project and buffer area has been
eliminated in a manner that complies with all applicable governmental approval
5 -05 -005 -[Marvin Engineering Company]
Administrative Permit -
Page 7 of 7
requirements, including but not limited to those of the California Coastal Act, or 2) the
applicant has revised the project to avoid any contact with C. taxifolia. No revisions to
the project shall occur without a Coastal Commission approved amendment to this
coastal development permit unless the Executive Director, determines that no
amendment is legally required.
ACKNOWLEDGMENT OF . PERMIT RECEIPTACCEPTANCE OF CONTENTS:
I/We acknowledge that I/we have received a copy of this permit and have accepted its contents
including all conditions.
Applicant's Signature Date of Signing
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February 4, 2000
Dwight Belden
Watttson Breevast
'600 Birch St., Suite 250
Newport Beach, Ca 92660
Re: Lido Village Marina
Dear Mr. Belden:
The Fire and Marine Department has been informed by you that a sale of the
Lido Marina Village is in the final process and could be completed within the
next two weeks. The Newport Beach Harbor Permit Policies I O.B states:
"Whenever a permittee sells the abutting upland property, a request shall be
made to the City to transfer the permit. Forms for this purpose may be obtained
from the Marine Division."
An inspection is required of the facility for structural requirements relative to
safety violations, electrical code violations, sanitary violations, and other
requirements as specified in Chapter 17 of the Municipal Code or the
appropriate sections of the Harbor Permit Policies.
The City has the authority to refuse to consent to a transfer of a harbor permit
when the permittee is in violation of Title 17 of the Newport Beach Municipal
Code or applicable Harbor Policies. Specifically, the Harbor Policy prohibits
the transfer of any permit when there are 'structural deficiencies".
In recent months the Lido Village Marina has had inspections related to
structural deficiencies, berthing, and parking requirements by this division. In
addition, the Fire Marshall's Office has recently conducted an inspection of the
marina. Call 949-644-3106 in regards to the inspection. A letter listing the
deficiencies was send to the Lido Management (see attached).
Most of the structural deficiencies noted in the report have been corrected, but
there axe still some corrections remaining. Continued berthing violations were
noted in a separate letter (attached) and have not been corrected. Compliance
for parking is still an issue. Harbor Permit Policy 17.A. "All commercially
operated boat docking facilities shall provide 0.75 parking stalls for each single
boat slip and 0.75 parking stalls for each 25 feet of available mooring space not
classified as a slip." The City Planning Department has notified this office that
Lido Village Marina does not provide adequate parking for the number of slips
for their marina tenants or for the commercial charter boats passengers.
It is this office's position that a transfer of the Harbor Permit is not possible
until all violations are corrected.
If you require additional information, please call 949-644-3043.
Sincerely
Wes Armand
Fire and Marine Department
Marine Environmental Management Division
Cc: Robin Clauson
Patricia Temple
Tony Melum
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor
CAUFORNIA COASTAL COMMISSION
South Coast Area Office Permit Application No.5-05-005
�0�
200 Oceangate, Suite 1000 W 3a Date: Janbary 19, 2006
Long Beach, CA 90802-4302 a
(562) 590-5071 Page 1 of 7
ADMINISTRATIVE PERMIT
APPLICANT: Marvin Engineering Company
AGENT: Shellmaker, Inc. Attn: Lisa Miller
PROJECT
DESCRIPTION: Removal and demolition of a portion (6' x 42' headwalk, 24-13" x 40' fingers, 1 -
14" square pile and 1-12" square pile) of an existing commercial wood dock
system and installation of a new wood section (8' x 93' section, 4-20" square
concrete piles and 2-18" square concrete piles) and relocation of an existing pile
(12" square pile). Currently, there are four (4) slips and post project there will be
four (4) slips.
PROJECT
LOCATION: 3424 Via Oporto, Newport Beach (Orange County)
EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special
conditions, appear on subsequent pages.
NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is
reported to the Commission at its next meeting. If one-third or more of the appointed
membership of the Commission so request, the application will be removed from the
administrative Calendar and set for public hearing at a subsequent Commission meeting. Our
office will notify you if such removal occurs.
i -his permit will be reported to the Commission at the following time and place:
Wednesday, February 8,2006
10:00 am
City Council Chambers
276 4th Ave
Chula Vista, CA 91910
IMPORTANT - Before you may proceed with development, the following must occur:
Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate
copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return
it to our office. Following the Commission's meeting, and once we have received the signed
acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of
Administrative Permit Effectiveness.
BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT,
YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF
PERMIT EFFECTIVENESS FROM THIS OFFICE.
PETER DOUGLAS
Executive Director
By: Fernie Sy
Title: Coastal Program Analyst 11
5 -05 -005 -[Marvin Engineering Company]
Administrative Permit
Page 2 of 7
STANDARD CONDITIONS:
1 Notice of Receipt and Acknowledgment. The permit is not valid and development shall not
commence until a copy of the permit, signed by the permittee or authorized. agent,
acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to
the Commission office.
2.
3.
4.
5.
Expiration. If development has not commenced, the permit will expire two years from the date
this permit is reported to the Commission. Development shall be pursued in a diligent manner
and completed in a reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
Intenwetation. Any questions of intent or interpretation of any term or condition will be resolved
by the Executive Director or the Commission.
Assignment. The permit may be assigned to any qualified person, provided ass'ignee files with
the Commission an affidavit accepting all terms and conditions of the permit.
Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and
it is the intention of the Commission and the permittee to bind all future owners and possessors
of the subject property to the terms and conditions.
SPECIAL CONDITIONS: See pages four to seven.
EXECUTIVE DIRECTOR'S DETERMINATION (continued):
The Executive Director hereby determines that the proposed development is a category of
development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director
through the issuance of an Administrative Permit. Subject to Stancard and Special Conditions as
attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976
and will not have any significant impacts on the environment within the meaning of the California
Environmental Quality Act. If located between the nearest publi c road and the sea, this development is
in conformity with the public access and public recreation policies of Chapter 3.
FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION:
A. Pro*ect Location and Description
The subject site is located at 3424 Via Oporto in the Lido Marina Village in the City of Newport Beach
(Exhibits #1 -2). The Lido Marina Village area of Newport Beach is designated for Recreation and
Marine Commercial and/or Retail and Service Commercial uses and.the proposed project adheres to
this designation. The surrounding area is currently developed with similar:private commercial boat
docks, retail establishments, restaurants and a waterfront walkway. These existing facilities provide
public access recreation and visitor commercial opportunities. The proposed project involves removal
and demolition of a portion (6' x 42' headwalk, 24-6" x 40' fingers, 1-14" square pile and 1-12" square
pile) of an existing commercial wood dock system and installation of a new wood section (8' x 93'
section, 4-20" square concrete piles and 2-18" square concrete piles) and relocation of an existing pile
(12" square pile) (Exhibit #3). Currently, there are four (4) slips, each 40 -feet in length and post project
there will be four (4) slips, two (2) slips will be 40 -feet in length and two (2) slips will be 93 -feet in
length. Electra Cruises operates a charter boat business from these docks. The proposed project will
5 -05 -005 -[Marvin Engineering Company]
Administrative Permit
Page 3 of 7
not accommodate any new boats, only existing boats. The applicant is not seeking any change to the
existing charter operation. The purpose of this project is to bring the dock system into� compliance with,
the City of Newport Beach fire code, as recent City inspections of the site disclosed fire code violations.
The new configuration will, allow for safer docking of their large vessels with a proper ingress, and
egress in case of fire or other emergency.
The dock project will be used for commercial boating related purposes to serve Electra Cruises at the
Lido Marina Village. The site had been surveyed on November 10, 2004 by the City of Newport Beach
Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 -feet of the project
area. Surveys completed, dudng the active growth phase of eelgrass are valid for 60 -days with the
exception of surveys completed in August -October. A survey completed in August - October shall be
valid until the resumption of active growth (i.e., March 1). The project is agendized for the February
2006 Coastal Commission Hearing and by this time the eelgrass surveys would not continue to be valid
,,--since 60 -days have passed since the survey was completed. The site has also been surveyed for
Caulerpa taxiffiblia and none was found. This survey was completed on December 14, 2004 and is
only valid for 90 -days. The project is agendized for the February 2006 Coastal Commission Hearing
and by this time the Caulerpa taxiltblia survey would not continue to be valid since it had passed 90 -
days from when the survey was completed. Thus, an up-to-date eelgrass and pre -construction
Caulerpa taxiffiblia, surveys must be conducted. These eelgrass and Caulerpa taxiffiblia surveys are
valid for a, limited period of time (until the next growing season for eelgrass and 90 days for Caulerpa
taxiffiblia). If construction does not occur within the respective time periods, a subsequent survey will be
required. If any eelgrass or Caulerpa taxiffiblia are found on the project site, Special Conditions No. 2
and No. 3 identify the procedures necessary to be completed prior to beginning any construction.
The proposed project has received an approval in concept from the City of Newport Beach Harbor
Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the
proposed project will not adversely impact water quality if standard construction method sand materials
are used. The applicant has also applied for a permit from the U.S. Army Corps of Engineers. The
National Marine Fisheries Service (NMFS) has reviewed the project and has no objections to the
proposed work. The California Department of Fish and Game (CL-1,FG) has also reviewed the project
and determined that the will not result in a significant impact to fish and wildlife resources and their
habitats.
Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly
by the Commission in regions where the local government having jurisdiction does not have a certified
Local Coastal Program. The City of Newport Beach only has a certified Land Use Plan and has not
exercised the options pro ded in 30600(b) or 30600.5 to issue its own permits. Therefore, the Coastal
Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The
certified Land Use Plan may be used for guidance.
B. Marine Resources
The proposed recreational boat dock development and its associated structures are an allowable and
encouraged marine related use. The project design includes the minimum sized pilings and the
minimum number of pilings necessary for structural stability. There are no feasible less
environmentally damaging alternatives available. As conditioned, the project will not significantly
adversely impact eelgrass beds and will not.contribute to the dispersal of the invasive 'aquatic algae,
Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for
recreational boating purposes, conforms to, Sections 30224 and 3023,3 of the Coastal Act.
5 -05 -005 -[Marvin Engineering Company]
Administrative Permit
Page 4 of 7
C. Water Quali
The proposed work will be occurring on, within, or adjacent to coastal waters., The storage or
placement of construction material, debris, or waste in a location where it could be discharged into
coastal waters would result in an adverse effect on the marine environment. To reduce the potential for
construction related impacts on water quality, the Commission imposes special conditions requiring,
but not limited to, the appropriate storage and handling of construction equipment and matedals to
minimize the potential of pollutants to enter coastal waters. To reduce the potential for
post -construction impacts to water quality the Commission requires the continued use and
maintenance of post construction BMPs. As conditioned, the Commission finds that the development
conforms to Sections 30230 and 30231 of the Coastal Act.
D. Local Coastal Program
The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP
was updated on January 9, 1990. As conditioned, the proposed development is consistent with
Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project,
as conditioned, will not prejudice the ability of the local government to preparea Local Coastal Program
that is in conformity with the provisions of Chapter 3.
E. California Environmental Quality Act (CE
As conditioned, there are no feasible alternatives or additional feasible' mitigation measures available
that would substantially lessen any significant adverse effect that the activity may have on the
environment. Therefore, the Commission finds thatthe proposed project,as conditioned to mitigate the
identified impacts, is the least environmentally damaging feasible alternative and can be found
consistent with the requirements of the Coastal Act to conform to CEQA.
SPECIAL CONDITIONS:
1 . Water Quality
A. Construction Responsibilities and Debris Removal
(1 No construction materials, equipment, debris, or waste -will be placed or stored
where it may be subject to wave, wind, or rain erosion and dispersion.
(2) Any and all construction material will be removed from the site within 10 days of
completion of construction.
(3) Machinery or construction materials not essential for project improvements will not
be allowed at any time in the intertidal zone.
(4) If turbid conditions are generated during construction a silt curtain will be utilized to
control turbidity.
(5) Floating booms will be used to contain debris -discharged into, coastal waters and
any debris, discharged will be removed'as soon as possible but no later than the
end of each day.
5 -05 -005 -[Marvin Engineering Company]
Administrative Permit
Page 5 of 7
(6) Non -buoyant debris discharged into coastal waters will be recovered by divers as
soon as possible after loss.
B. Best Management Practices- Program
By acceptance of this permit the applicant agrees that the long-term water -borne berthing of
boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water
quality pursuant to the implementation of the following BMPs.
(1) Boat Cleaning and Maintenance Measures:
a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of
soaps, paints, and debris.
b. In -the -water hull scraping or any process that occurs under water that results in
the removal of paint from boat hulls shall be prohibited. Only detergents and,
cleaning components that are designated by the manufacturer as phosphate -
free and biodegradable shall be used, 'and the amounts used minimized.
c. The applicant shall minimize the use of detergents and boat cleaning and
maintenance products containing ammonia, sodium hypochlorite, chlorinated
solvents, petroleum distillates or lye.
(2) Solid and Liquid Waste Management Measures:
a. All trash, recyclables, and hazardous wastes or potential water contaminants
including old gasoline orgasoline with water, absorbent materials� oilyrags,
lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will
be disposed of in a proper manner and will not at any time be disposed of in the
water or gutter.
(3) Petroleum Control Management Measures:
a
Oil absorbent materials shall be examined at least once a year and replaced as
necessary. The applicant will recycle the materials, if possible, or dispose of
them in, accordance with hazardous waste disposal regulations. The boaters
will regula:irly inspect and maintain engines, seals, gaskets, lines and hoses in
order to prevent oil and fuel spills Boaters will use preventive engine
maintenance, oil absorbents, bilge pump -out services, or steam cleaning
services as much as possible to clean oily bilge areas. Bilges shall be cleaned
and maintained. Detergents will not be used for cleaning. The use of soaps
that can be discharged by bilge pumps is prohibited.
2. Pre -and Post -Construction Eelgrass Survey(s)
A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera
marina) survey shall be completed during the period of active growth of eelgrass
(typically March through October). The pre -construction survey shall be completed
prior to the beginning of construction and shall be valid until the next period of active
growth. The survey shall be prepared in full com pliance I with the "Southern California
Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition)
adopted by the National Marine Fisheries Service and shall be prepared in consultation
5 -05 -005 -[Marvin Engineering Company]
Administrative Permit
Page 6, of 7
with -the California Department of Fish and Game. : The applicant shall submit the
eelgrass survey for the review and approval of the Executive Director within five (5)
business daysof completion of each eelgrass survey and in any event no later than
fifteen (15) business days prior to -commencement of any development. Iftheeelgrass
survey identifies any eelgrass within the project area which would be impacted by the
proposed project, the development shall require an amendment to this permit from the
Coastal Commission or a new coastal development permit.
B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area
by the survey required in subsection A of this condition above, within one month after
the conclusion of construction, the applicant shall survey the project site to detennine, if
any eelgrass was adversely impacted. The survey shall be prepared in full compliance
with the "Southern California Eelgrass Mitigation. Policy" Revision 8 (except as modified
by this special condition) adopted by -the National.Marine Fishedes Service and shall be
prepared in consultation with the California Department of Fish and Game. The
applicant shall submit the post -construction eelgrass survey for the review and approval
of the Executive Director within thirty (30) days after completion of the survey. If any
6elgrass has been impacted, the applicant shall replace the impacted eelgrass at a
minimum 1.21 ratio on-site, or at another location, in accordance with the Southern
California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated
at a minimum ratio of 11.21 (mitigation: impact). The exceptions to the required 1.2:1
mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall
require an amendment to this permit or a new coastal development permit unless the
Executive Director determines that no amendment or new permit is required.
3'. Pre -construction Caulerpa Taxifolia Survey
A. Not earlier than 90 days nor later than 30 days prior to commencement or
re -commencement of any development authorized under this coastal development
permit (the "project"), the applicant shall undertake a survey of the project area and a
buffer area at least 10 meters beyond the project area to determine the presence of the
invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the
substrate.
B. The survey protocol shall be prepared in consultation with the Regional Water Quality
Control Board, the California Department of Fish and Game, and the National Marine
Fisheries Service.
C. Within five (5) business days of completion of the survey, the applicant shall submit the
survey:
(1) for the review and approval of the Executive Director; and
(2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team
(SCCAT). The SCCAT Surveillance Subcommittee may be contacted through
William Paznokas, California Department of Fish & Game (858/467-4218) or Robert
Hoffman, National Marine Fisheries Service (562/980-4043).
D. If Caulerpa taxifoiia is found within the project or buffer areas, the applicant shall not
proceed with the project until 1) the applicant provides evidence to the Executive
Director that all C. taxifolia discovered within the project and buffer area has been
eliminated in a manner that complies with all applicable governmental approval
5 -05 -005 -[Marvin Engineering Company]
Administrative Permit
Page 7 of 7
requirements, including but not limited to those of the California Coastal Act, or 2) the
applicant has revised the project to avoid any contact with C. taxifblia.� No revisions to
the project shall occur without ar Coastal Commission -approved amendment to this
coastal development permit unless the Executive Director, determines that no
amendment is legally required.
ACKNOWLEDGMENT OF PERMIT RECEIPTACCEPTANCE OF CONTENTS:
I/We acknowledge that I/we have received a copy of this permit and have accepted its contents
including all conditions.
Applicant's Signature Date of Signing'.
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REPLY TO
ATTENTMN OF:
Office of the Chief
Regulatory Branch
Lido Marina Village
c/o: SheRmaker Inc.
Atteatiorr Lisa E Miller
2035 F Placentia Avenue
Costa Mesa, California 92627
Dear Ms. Miller.
DEPARTMENT OF THE ARMY
LOS ANGELES =TNCT, CORPS OF ENGINEERS
P.0 BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
January 25,2005
903
2 53 (,o -2-o oT-
Reference is made to your request of December 29,20N (F& No. 20050MO-CLNI). Under
the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 US.C. 403), you
are hereby authorized to reconfigure the dock by adding art W wide finger. that is 93' long and
removing the eAsting fingers in Newport Bay, Newport Beach, Orange County, CAffornia, as
shown on'the enclosed drawings.
The owner or authorized responsible offidd must sign and date all copies of this Letter of
Permission (LOP) . indicating that he/she agrees to the work as described and will comply with all
conditions. One of the signed copies of this Letter of Pennission must be returned to the Corps of
Engineers (a pre -addressed envelope -is enclosed). In addibonplease use the two attached
postcards to notify this office as to the dates of commencement (within 10 days prior to the start of
construction) and completion of the activity (within 10 days following the end of construction).
Furtherrnore, you are hereby advised that the Corps of Engineers has established an
Administrative Appeal Process which is fully described in 33 CFR Part 331. The complete appeal
process is i in the enclosed Appendix B.
Thank you for participating in our regulatory program
Sincerely,
Mark Durham
Chief, South Coast Section
Regulatory Branch
-2-
37 0 57
DATE
When the struchn-es or work authorized by flus pemut are still in existence at the Eme the
property is transferred, the term and conditions of this LOP will continue to, be binding on the
new owner(s) of the property� To validate the tramsfir of this pem-tit and ffie liabihties associated
with compliance with its term and conditions, have the transferee sign aud date below.
I
-3-
PERAWCONDMONS
General Conditions:
1. The time limit for completirig the authorized activity ends two years after the date of this
signed LOP. If you find that you need more time to complete the authorized activity, stibmit your
request for a time extension to this office for corwderation at least one month before the above
date is reached.
2. You must maintain the activity authorized by this perrrut in good condition and in
conformance with the terms and conditions of this permit You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith transfer
to a durd party in compliance with General Condition 4 below Should you wish to cease to
mamtam the authorized activity or should you desire to abandon it without a good faith transfer,
you must obtain a moctificalion of this permit from this, office, which may require restoration of
the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing
the activity authorized by this permit, you must immediately notify this office of what you have
found- We will initiate the Federal and state coordination required to deterrnme if the remains
warrant a recovery effort or if the site is eligible for listing in the National Regis -ter of Historic
Places.
4 if you sell the property associated with this permit, you must obtain the signature of the new
owner in the space provided and forward a copy of the permit to this office to validate the
transfer of this authorization.
s Yon must allow representatives from this office to inspect the authorized activity at any tirne
deemed necessary to ensure that it is being or has been accomplished with the terms and
conditions of your permit
Furthermore, you must comply with the following non -discretionary Special Conditions:
Special Conditions:
1. The Permittee -understands and-agreer, that, if future operations by the United States require
the structure or work herem authorized, or 4 in the opinion of the Secretary of the Army or lus
authorized representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the -navigable waters, the Permittee will be required, upon due notice from the
Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused
thereby, without expense to'the United States No claim. shall be made against the United States
on account of any such removal or alteration.
I Creosote treated pilings shall not be placed in navigable waters or waters of the United States
unless all of the following conditions are met.
Ma
a), The project involves the repair of existing structures that were originally constructed using
wood products;
b) Me creosote treated pilings are wrapped in plastic,
c) The use of plastic -wrapped creosote pilings is restricted to marine waters,
d) Measures are taken to prevent damage to plastic wrappirig from boat use Such measures
may mdude installation of rub strips or bumpers,
e) The plastic wrappirig is sealed at all Joints to prevent leakage -
f) The plasfac material is expected to maintain its integrity for at least ten years, and plastic
wrappings that develop holes or leaks are repaired or replaced in a timely manner -
3 No debris, scal, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or
petroleum products, from construction shall be allowed to enter into or placed where it may be
washed by rainfall or runoff into waters of the United States. Therefore, the Permittee shall
employ all standard Best Management Practices to ensure thatt toxic materials, silt, debris, or
excessive erosion do not enter waters of the United States during project construction. Upon
completion of berthing improvements� any excess material or debris shall be removed from the
work area and disposed of in an appropriate upland site.
4 The perrruttee, shaH discharge only dean construction materials suitable for use in the oceanic
environment
5. The Peimittee shall notify the Army Corps of Engineers of the date of commencement of
operations and the date of completion of coperations at least five days prior to such completiori.
6. Prior to the couimencement of construction, the Permittee shall notify the US Coast Guard in
writing. Please include: name of company conducting the operation, work to be completed,
project location, hours of operafton, duration of project, equipment being used, and an on-site
point of contact This information will be used in the Local Notice to Mariners (LNM) to no -
the maritirne community of activities affecting navigation. Please send the notification letter to:
US Coast Guard, 11th District, Attw- QM1 Mike Carlson, Staff Symbol:- can, Coast Guard lisland,
Bldg. 50-6, Alameda, CA 94501-5100.
7 Should any federal aids to navigation (AtoN) be affected by this project the Permittee shall.
contact the US Coast Guard AtoN office at (510) 437-2982.
8. Upon the US Coast Guard's receipt of the notification to start work, a copy of the applicanes
letter will be sent to the Coast Guard Captain of the Port (COTP) for review. The COTP may
modify the deployment of marine construction equipment or mooring systems to safeguard
navigation during the project Questions concerning hghtin& equipment placement, and
mooring should be directed to the COTP.
9. A pre -construction survey of the project area for Caulerpa taxificilia will be conducted in
accordance with the Caulexpa Control Protocol (s6e htip://swr.ucsd.edu/hcd/ccpvLhbn) not
earlier than 90 days prior to planned construction and not later thari 30 days prior to construction
The results of that survey shall be ftwismitted to NOAA Fisheries and CDFG at least 15 days
prior to inibation of proposed work. In the event that Caulerpa is detected within the project am,
-5 -
no work shall be conducted until sudh fame as the infestation has been isolated, treated, and the
risk of spread is eliminated.
12 Your use of the permitted actmty must not mterfere with the publics qft to ftee navigation
on all navigable waters of the United States.
13 You must install and mamtam, at your e)q>ense, any safety lights and signals prescribed by
the United States Coast Guard (USCG), through -regulations or otherwise, on your authorized
facilities. Ihe USCG may be readied at the following telephone number I& Brian Aldrich (510)
437-2983.
0.
Further Information:
1. Congressianal Authorities: You have been aulhoriz� to undertake the activity described
above pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.0 403).
2- Liadts of this authorization -
a. niis permit does not obviate the need to obtain other Federal, state, or local authorizations
requiredbylaw-
b. This permit does not grale- any PrOPerty:r'gbts or exdusive Privileges -
c. T-lus permit does not authorize any injury to the property or rights of others.
d. This permit does not authonze interference with any e)asbng or Proposed Federal project
3 Limits of Federal Liability In issuing this permit, the Federal Goverraxwnt does not assume
any liability for the following:
a. Damages to the pemutted project or uses thereof as a result of other permitted or unpermitted
activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
underhiken by or on behalf of the United States in the public interest
c. Damages to persons, property, or to other permitted or unpermitted activities or structures
caused by the activity authorized by this permit.
d. Der
,Ign or construction deficlencies associated with the permitted work.
e_ Damage claims associated with any future modification, suspension, or revocation of this
permit -
4. Rehance on Apphcant's Data The deWxn-unation of this office that issuance of " permit Is
not contrary to the public interest was made in reliance on the information you provided.
5. R his petmit at any
eevaluation of Pennit Decision. ibis office may reevaluate its demon on t
bme the crrcurristances wan -ant Circuuist�nces that could require a reevaluation include, but are
-not limited to, the following:
a. you fafl to comply with the terms and conditions of this pem-dt.
b The information pro
vided by you it, support of your permit applicafion proveri to have been
false, incomplete, or inaccirr�ate (See 4 above).
-7-
c- Significant new inforirnation. surfaces which this office did not consider in. readung the original
public interest decision.
Such a reevaluation may result in a that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained m 33 CFR 326 4 and 326-5. The referenced enforcement procedures
provide for the issuance of an administrative order requiring you to comply with the terms and
conditions of your permit and for the initiation of legal action where appropriate You will be
required to pay for any corrective measure ordered by this office, and if you fad to comply with
such directive, this officeirtay in. certam situations (such as those specified in 33 CFR 209 170)
accomplish the corrective measures by contract or otherwise and bffi you for the cost
6. Extensions. General condition. 1 establishes a time limit for the completim of the activity
authorized by this permit. Unless there are circumstances requiring either a prompt completion
of the authorized activity or a reevaluation of the public interest decision., the Corps will. notmally
give you favorable consideration to a request for an extension of this time hirtit.
05/26/2006 06:33 818BB14213 RICHARD H BERGER PAGE 06/24
RECORDING REQUESTEM BY'
Awn WNW RECORD= MAIL TO *
SPAM kROVO THTS LIVE FOR RWORDER'S USE
Tx3:S 2jSsjM0M= OF GROMM LEASES ("Asaignment") is made and
entered int, -,5 as of the _ day of 2006, by and between
mARVIN ENGI.aZERING CO., INC., a California corporation ("Assignor")
and WREC LIDO VENTUREr LLC, a Delaware limited liability company
P'Assignee,,).
RECITALS
A. Pssignor is the le8see or sublessee under certain ground
leases, deEcribed as follows (collectively, the nGround Lease�i":
1. Lease, dated December 1, 1971, by and between Harry
M. Kelso, as lessor, and Donald M. Koll, a married man, as his sole
and —Ve-'p-arate property, as lessee, a Short Form of which was
recorded December 10, 1971, in Book 9921, Page 859, official
Records, regarding certain real property described as Parcel 1 in
Exhibit W' attached hereto, as such Lease was assigned by such
lessee to Assignor, by an instrument recorded May 23, -1990, as
Izistrument No. 90-277175, Official Records of orange county
("Official Records") (the "Marvin Assignment.") ;
2. Lease, dated June 1, 1973, by and between Earl 0.
Sawyer and Eleanor B. Sawyer, husband and wife, collectively as
17QaMor, and Donald M. Kill and Dorothy B. Koll, husband and wife,
collectively as lessee, a Short Form of which was recorded Tune 6,
1973, in Book 10736, Page 326, Of -ficial Records, regarding certain
real property described in Parcel 2 in Exhibit "A' attached hereto
az such Lease was assigned by such lessee to Assignor by the Marvin
Assignment.
3. Lease, dated June 1, 1973, by and between Earl 0.
Sawyer and Eleanor B. Sawyer, husband and wife, collectively as
le-ssor, and Donald M. Koll and Dorothy B. Koll, husband and wife,
collectively as lessee, a Short Form of which was recorded June 6,
1973, in Bcok 10726, Page 342, Official Records, regarding certain
real prope.=ty desc=ibed as Parcel 3 in Vxhibit W attached hereto,
as assignet by such lessee to Assignor by the Marvin A.=isiqnment.
4. Lease, dated January 2, 1966, by and between Calvin
G. Rohre and Arlene L. Rohrs, husband and wife, collectively as
lessor, and zTarnes W, Berkshire and Pauline F. 'Berkshire, husband
05/26/2006 06:33 8188814213 RICHARD H BERGER PAGE 07/24
and wife, collectively as lessee, a Short Form of which was
recorded Jaiyaary 4, 1966, in Sook 7797, Page 653, Off iCial Records,
regarding ce*rtain real property described as Parcel 4 in Exhibit W
attached hexeto, as assigned by such lease to Assignor by the
Marvin Aseig-nment .
s. Lease, dated Nove-mber 9, b� and between aune aphnson,
as lessor, auld Donald M. Koll, as lessee, a Short Form of whf8rwas
recorded De,,2ember 18, 1973, in Book 11031, Page 23, Official
Records, regarding certain real property described as Parcel 5 in
F.xhibit 'W' z.,ttached hereto, as assigned by such lessee to Assignor
by the Marvin Assignment:
B. Azaignor and Assignee have entered into a Purchase azd
Sale Agreemws.-nt and Joint Escrow instructions dated as of September
14, 200S ("?urchase and Sale Agreement") , in which Assignor has
agreed to convey all of its interest in the Ground Leases to
Assignee.
C. Assignor desires to assign to Assignee, and Assignee
desires to accept from Assignor, all of Assignor's right, title and
interest in, to and under each and every one of the Ground Leases.
FOR VWXABLE CONSID39RAT70N, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
1, A9,,,U_cMnenZ, Azsignor does hereby unconditionally assign,
sell, transEer, grant, convey and set over unto Assignee all of
Assignor's right, title, options, and interest under the Grouzid
Leases.
2. Aalampl�i=. Assignee hereby accepts and agrees to assume
all of the obligations, responsibilities, and liabilities of
Assignor sel: forth in the terms and provisions of, or otherwise
required pursuant to, the Ground Leases, which arise after the date
hereof .
3. ttorney -Egeg. Tf any suit or action is instituted to
enforce thf---! rights of either party under this Assignment, the
successful ].-;arty, as adjudicated by a court, shall be eatitled to
reasonable ai.ttorney fees and court costs.
4. Zp- r This Assignment shall be governed and
construed in accordance with Calitornia law.
SIGNATURE PAGE FOLLOWS
LMEC/LidoYSale9MMMs igrG COIJ -I dLe-NIPS 2
05/26/2006 06:33 8188814213 RICHARD H BERGER PAGE 08/24
-IN w3:Tjq.ESS WIMREOV, this Assignment is executed as of the date
first above written.
"ASSIGNOR"
MARVIN ENGINPEERING CO. , INC.
a California corporation
13Y.-
GEMiD M. FRIEDYLI�X
Executive Vice President
"ASSIGNEE"
WREC LIDO VENTURE, TLC
a Delaware limited
liability company
By: WREC Lido, LLC,
A Delaware limited
liability company.
Its managing member
By: Wasserman Vornado Strategic
Real Estate Fund, LLC,
its managing Member
By,
David D. Wasserman
Managing Member
TMC/Lift/SaIAWRECAAF I gnG rT-U.1dJA1-113e$
RECORD=0 REQUBSTM 33�y.-
Fgp'S'!�TCORD'No RUMESITED 5,
AMERICAUMLECOUF�ANY
SLl6DNISJQN DEPARTMENT
AM WREN RWORDM) MAIL po:
IMEC Lldo Venture IJX I
C/O Wasserymn:lReal Estate Capital LL
P-0- Box 6187
Providence, Rbode Islamd 02940
Recorded In Official Records, orange County
Tom D;bly� CI6Yk-R0con$er
20060003624,35 04:19prn 05130joB
M 59 AU 9
0-01D 0-00 0.00 0-00 7A.00.0= 0 . 000, - 00
SPACB ABOVS 7UTZ LnM ZrCa ==a=. 6 11SX
ASSL02M OF LIZASE
TRIS ASSIGMMNT OV LEASE
is +ade and entered
into as of the day of b�, an6 between MARVIN
ENG-TNEERING CO:T INC-, a CaT,-fornia cOrPOratioa Z'%ssigmro) and
WREC LIDO VENTURE LLC, a Delaware limited li�abijity roTapany
('Assignee,9
A. Assignor is the lessee or sublessee Pnder a certair,
Amended and Restated Lease Agreement, described a' follows:
Amended and Restated Lease Agreem�nt, dated
August 21, 1987, bY and between Olen Propertios Corp., as
lessor, and Traweek in -vestment COMPanY. as lessee
("Lease"), regaz-ding certain real p-joperEy
des
"crihed in
Exhibit "Ae attached hereto ' and the boat docks described
in Exhibit "Ba attached hereto.
8. The following agreements and dc>--ument s were executed
Prior to the August 21, 1987 Amended and Restated Lease Agreement
and are made a Part of this Assignment:
I- Agreement, dated 2january between City of
Newport Seach and Newport Ra:Lboa Savings and Loa�rt Associatic�rl;
Lease Agreement, dated June 27, 1972, betweer,
Trq>e:rial -Savings and Loan Association of Newport- Pasadena, as
lessor, and Donald M. roll, as lessee;
3. Lease Assignme6t, undated, between. Imperial Savings
Association, as lessor, and Olen Properties Corp., as lessee;
4- Joint Use Agreement, dated January 3, 1974, between
Imperial Savings and Loan Association and Donald M. Koji;
5. First Amendment to Lease, dated May .9, 1974, between
Imperial Savings and Loan Association and Donald M. Koji;
I
6- Acceptance and Agreement. dated October 21, 1981,
between imperial Savings and Loan Association and Traweek
Investment Fund No. 12, Ltd-;
7. Assignment, dated July 2, 1981, between gelson S.
Zand and Traweek in -vestment pund No_ 12, Ltd-;
a. Settlement Agreement between Olen. Properties Corp.
and Traweek Investment Fund No_ 22, Ltd -
C. Assignor and Assignee have entered into a Purchase and
Sale Agreement and Toint Escrow Instructions dated as of September
3-5' 2005 ("Purchase and Sale Agreement"), in which Assignor has
agreed to convey all its 'interest in the Lease to Assignee,
D. Assignor desires to assign t
desires to accept from Assignor _O Assignee, and Assignee
, al of Assignor's right, title and
interest in, to and under the Lease.
FOR VALUABLE C0XSIDER&T2:()N, the receipt and sufficiency of
which are hereby acknowledged, the Parties hereto agree as follows:
1. Assic4nment, Assignor does hereby unonditionally assign,
sell, transfer, grant, convey and set Over unto Assignee all of
Assignor's rights, title, OPtions, and interest under the Lease and
other agreements and ass ignments. decribed in Recitals A and 13-
2. Assumotion- Assignee hereby accepts and agrees to assume
all of the obligations, responsibilities, and liabilities of
Assignor set forth in th terms and ozovisions of,
e
or otherwise
required pursuant to, the Lease and the other agreements and
ass3.9nments, which arise after the date hereof-
3- Attorney Fees- If any suit or action is instituted to
enforce the rights of either party under this Assignment, the
successful party, as adjudicated by a court, shall be entitled to
reasonable attorney fees and court -costs.
4- gzOve--ninq Law, This Assignment shall be governed and
construed in accordance with California law.
IN WITNESS WEMREOP, this Assignment is executed as of the date
first above written_
"ASSIGNOR,,
MARVIN ENGINEERING Co., INC_
a California co:rporation
2
7- Assignment, dated July 2, 1981, between Nelson S,
Zand and Traweek Investment Fund No. 12, Ltd.;
8. Settlement Agreement between Olen Properties Corp -
and Traweek investment Fund No. 12, Ltd�
C- Assignor and Assignee have entered into a Purchase and
Sale Agreement and Joint Escrow instructions dated as Of September
IS, 2005 ("Purchase and Sale Agreement"), in which Assignor has
agreed to convey all its interest in the Lease to Assignee.
D, Assignor desires
desires to accept from ASSig to assign to Assignee, and Assignee
nor, al of Assignor's right, title and
interest in, to and under the Lease -
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of
which are hereby acknowledged, the Parties hereto agree as follows,
I- Assignment. Assignor does hereby unconditionally assign,
sell, tral�s'feZgrant, convey and set over unto Assignee all of
Assignor,s rights, title, Options, and interest under the Lease and
other agreements and assignments described in Recitals A and B.
2. Assumption. Assignee hereby accepts and agrees to assume
all of the obligations, responsibilities, and liabilities of
Assign,or set forth in the terms and Provisions of, or otherwise
required pursuant to, the Lease and the other agreements and
assignments, which arise after the date hereof.
Attorney Fees- It any suit o ction is instituted to
enforce tITe r—i-g—h—ts—of either party unrer this Assignment, the
Successful party, as adjudicated by a court, shall be entitled to
reasonable attorney fees and court costs.
4. Governing Law. This Assignment shall be governed and
construed in accordance -with California law.
IN WITNESS WHEREOF, this Assignment is executed as of the date
first above written.
'ASSIGNOR"
MARVIN ENGINEERING Co_, _INC_
a California Corporation
By:
Kd
President
SIGNATURES CONTINUED ON FOLLO�MNG PAGE
[.TD0JASS'1GMEXT0FLZASF
2
WRE C LIDO VENTURE LLC
a Delaware limited
liability coTrpany
By: WREC Tido-LLC,
A Delaware limited
Tiability company,
its managing member
By: Wasserman vornado Strategic
Real Estate Fund, LLC,
Its Sole Member
By-- Wass rman SREC Partners LLC
it Ma'T aging Member
RNII
EY: - 4
Managing Member
4
ORT,6�
March 18,2005
Vili Boyadjiev
3416 Via Oporto, Suite 202
Newport Beach, CA 92662
Subject: 3400 Via Oporto, Multiple Berthing Action Plan
Fern-dt Number HC2004-066
Dear Ms. Boyadjiev:
I am in receipt of your letter dated March 13, 2005, proposing an action plan to
resolve the issue of multiple berthing with regards to the vessel/habitat called
Anthenea.
As stated in your proposal, the vessel's electrical outboard motor and two
batteries are stored in dry storage. It is our understanding that this vessel is
0
moored permanently as its use is for display purposes only.
The diagram provided outlined areas of the marina available for moor mig of the
0
Anthenea. The locations are acceptable provided surrounding vessels can be
readily removed in an emergency without the necessity of moving the Anthenea.
Based upon the information provided, your action plan is approved with the
following conditions:
1. There shall be no habitation of this vessel in the marina.
2. No fuel sources shall be stored on the vessel or placed on the
adjoining dock fingers.
3. The vessel remains stationary for display purposes only.
If you have any questions, feel free to contact Nadine Morris at (949) 644-3105.
Thank you for your cooperation. We look forward to achieving a fire safe harbor
in Newport Beach.
Sincerely,
Timothy Riley
Fire Chief
cc: Donna Larson, Lido Marina Village
FRO!� " FAX NO. : Mar. 15 2005 03:17PM P1
1.55
ANTHENEA,
N'�- �11
7 �"Ih I'll, �N1111111 �' h
MARCH 13,2005
VILI BOYADJIEV
3416 Via Oporto -9202
Newport Beach CA 97663
(949) 723-5552
Newport Beach
CA 92663
'W Riley, my name isMs.111i BoyadjIiev. I am one of the owners of a 14
tT
feet in. diameter, (176 square feet inside 0 ice space) boat/habitat called
Aiathenea.
The unit does not have fuel tank on board, upon necessity we use a smal I
4,9 electrical outboard, equipped with remote control, which is stored in dry
storage, Anthenea has space for two smal I batteries, but the batteries are
removed and are also in storage.
There are spaces inside lagoons in Lido Marina Village that will, be able to
house Anthenea, without presenting fire hazard, I took the liberty to include
a drawing of the lagoon and would I ike to invite you to inspect Anthenea,
with hope that after inspection you will allow further stay of Anthenca in
Lido Marina Village.
My contact number is: (949) 929-5617
FROM
5��
Mar. 15 2005 03:17PN
0
P U
76"
hfi'� t--T(Ti
7, 7
S ID
AF
71, �,N�
ki
HARBOR RESOURCES DIV.
^I
CITY OF NEWPORT BEACiri
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5 -off
Lo
4t -o �l
iYP U.N.O�
F-1 F
c�
(E) RAMP TYP
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�N
(N) LOCA TION OF THE
RELOCATED PILE
n1 z.
( C-\
Ej FLOATiNG DOCK TO REMAIN
& Do E P R f -) 'E - ( -1 =lH - D T,� TkP
FLOATING DOCK AT HIATCHED
4 TO BE REMUVEED
3 1 -0 �t
mononQE:,n
I Mat 0, DOCK WIDTH
l R FOR ENLARGED
l�
�SPROPOSED-
2 DOCK PLAN
LU
L J L L
cn
25'46" 0
(VE�NE
1 o"
5 Z'
'VERIFY%
PROPOSED FLCSTING DOCK
PILES Co) POCHED AREA
(E) BROCKEN CONC PILE TO BE REPLACED
WITH ONE OF THE REMOVED DOCKS PILES
(IF IN GOOD CONDI'FtON) & BE REU3CATEDD
ON THE OTHER SIDE OF RAMP
TVERIF—Y)
1! ig MR
5
CITY OF NEWPORT BEACH
H- i.;'r' 4`1
or,
VICINITY MAP N.T.S. A
NEWPORT BAY, CALIFORNIA NORTH
%
7 -so
u
V
0 RT B EP",
A 01 V'ANM� NI AXA�:- - 1 IF'.(--, X A A Mi&l A \;It I A - I I � --
(N) 2-18" SQ CONC
PILES I
PROPOSED 8' x 93'
FLOATING DOCK
(N) 20" SQ CONC
PILE TYP
(TOTAL OF 4)
PROPOSED 4' x 4'
FILLET TYP
(E) FLOATING DOCK
(E) BULKHEAD
PILING tAYOU-7
N.T.S.
WORKSHEET FOR BUILDING FIRE PERMIT APPLICAT
n,
A9
CITY OF NEWPORT BEACH
PLEASE PRINT OR TYPE BUILDING DEPARTMENT b
1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO.
LEGAL DESCRIPTION No. UNITS
LOT BLOCK TRACT
2. DESCRIPTION OF WORK NIQD(710-01, -'5hP;,q-k Dih, 01 USE
f 7-,3 1,
# OF STORIES
VALUATION
NEW F-I ADD Ej ALTE�R, DEMO SQ FT
i �,3 a
fi, L
(NEW/ADDED/EXTG)
Check Annronriate Box for Annlic�-nf
3. OWNER'S NAME LAST
FIRST
OWNER'S
OWNER'S E-MAIL ADDRESS
�DDRESS,,
Ll w1j
6UL- I
CITY
STATE
ZIP
PHONE NO.
4. ARCH ITECT/DES IGN E R'S NAME
LAST
FIRST
LIC. NO.
ARCH ITECT/DES IGN E R'S ADDRESS
ARCHITECT/DESIGNER'S E-MAIL ADDRESS
CITY
STATE
ZIP
PHONE NO.
5. ENGINEER'S NAME
LAST
FIRST
STATE LIC. NO.
ENGINEER'S ADDRESS
ENGINEER'S E-MAIL ADDRESS
CITY
STATE
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F] 6. CONTRACTOR'S NAME
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CITY
STATEP�-
ZIP
PHONE NO.
OFFICE USE ONLY
PERMIT NO.
TYPE OF CONSTRUCTION
PLAN CHECK NO.
PLAN CHECK FEE $
OCCUPANCY- GROUP
PLAN CHECK ENG.
-Forms-SIdg application 8/27/04 i -
cp�71 A Lf Z4
9-11
Message
Miller, Chris
From:
Miller, Chris
Sent:
Thursday, May 19, 2005 9:44 AM
To:
Donna Larson
Subject: Illegal Piling Replacement
Donna,
Page 1 of 1
It has come to my attention that a single pile has been removed and replaced with another pile in approximately
the same location at your facility at Lido Marina Village. Harbor Resources does not have any records of such a
request for pile replacement. Therefore, this replacement is in violation of the City's permitting process.
With that said, Harbor Resources wants to ensure a safe harbor to the best of our ability. If a serious problem
were to occur on the docks and it needed immediate attention, we have allowed, in some cases and through a
written request, the applicant to make the necessary repairs before permits could be pulled, in the interest of
safety. Then, after the docks were secure, an "after the fact" permit could be pulled.
This request for immediate attention / repair work for this pile never occurred and the pile was replaced without
any communication with the City. Therefore, you are required to immediately apply for an "after the fact" permit
with the City. Please be prepared to supply a schematic of your docks with a description of the work performed
and two color photos of the new pile that was replaced. Also, pile calculations for the specific pile installed will
need to be shown to the Building Department plan checkers.
Please feel free to call me with any questions. I will expect to see an application filed with the City by Friday, May
27 or Administrative Citations may follow.
Thank you,
Chris Miller
Harbor Resources Supervisor
(949) 644-3043
http:I/Ww\e�.qily.newppq-be�ac�h.ca.us/HBR/
06/03/2005
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Buyer's Names:
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Buyer's Signatures
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Seller's Signatures:
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Escrow Number.",,?R,?,,b,?,-2-,,) Fax#:
Ciosing Date (Estimate). J e4-2-1,
Inspection Date: Reinspection Date:
Fee Amount -
Date Paid:
Application Complete:
Check Number:
Harbor Resources SignaturelDate
Special Conditions: This permit is re vocable by the City Council
in arcordance with Title 17 of the Newpo/l Beach Mur'icipal Code.
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,g 2005
CITY OF NEWPORT BEACH
829 Harbor island Drive, Newport Beach, CA 92659
949-644-3034/Fax 949-723-0589
First American Title Insurance Co.
714-800-3260
Re: Escrow NCS -97659 -SAI
Pier Permit #124-3400
3400 Via Oporto301 Morning Star Lane
Dear Sirs:
The pier permit will be transferred as of September 8, 2005, closing date.
Buyer is to be made aware that docks are currently not up to City standards and
it is understood that they will need to be repaired or replaced in the near future.
If you require further assistance in this matter, please call 644-3034.
Sincerely,
Lorr'�e Araese
Lorrie Arcese
Harbor Resources Division
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mARom PEFtpwr
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HARBOR PERMIT
TRANSFER APPLICATION
829 Harbor Island Dr. Newport
Beach, CA 92660
949-644-3034/Fax 949-723-0589
Date of Applicaton: Permit Number: 6003686--.oQ
Property Address: 3400 via Oporto
lleupar-f ('ali-farnia
Buyses Names: Zzzth (Xv�rtpr Propggties 92 0 LLC
Billing Address: 3400 yjj QWrj,
Newport Beach, California 92663
Telephone No.: (949) Q�-M62
Buyer's Signatures: F0, h Quarte Propertie� -9.2, LLC
By.- -4;�
FA)T THOMAS,
Sellees Names:4j,-u;jLjn RnZjua.-ring
seiieesSignatures:
Joint Owner Signature:
Escrow Company: First Am-rjr
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Address§1 1,114 Center Drive, �Le. 450. Irvine, Q 2618
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Escrow Number. NCS -97659 -SAT Fax #: (714) 800-3260
Closing Date (Estimate): septcgjbar 8, 2()09
Inspection Date: Reinspection Date:
Fee Amount:
Date Paid: Check Number:
Application Complete:
Harbor Resources Signaturivate
Special Conditions. ThiS permit is mvocable by the City Council
in OCCOrdat?Ce with Tiffe 17 of the Newport Beach Municipal Code.
California F gional Water Quality 'ontrol Board
Santa Ana Region
Terry Tamininen 3737 Main Street, Suite 500, Riverside, California 92SOI-3348 Aimold Schwarzenegger
Scc.,etaryjor (951) 782-4130 - Fax (951) 781-6288 Governor
Environmental littp://www.waterbo-�rds.ca.gov/santaana
Protection
December 24, 2004
Lisa E. Miller, President
Shellmaker, Inc.
2035F Placentia Avenue
Costa Mesa, CA 92627
PROPOSED REBUILDING OF BOAT DOCK, ELECTRA CRUISES, 3400 VIA OPORTO,
NEWPORT BEACH, ORANGIE COUNTY
Dear Ms. Miller:
If standard dock construction methods and materials are utilized, this project should not adversely
impact water quality. A statement has been submitted that there will be no waste discharged from
the proposed project. Based on these assurances, clearance is provided.
However, should the Army Corps of Engineers determine that this project requires a Section 404
permit, it will be necessary for the project proponent to obtain from this Board a Water Quality
Certification under Section 401 of the Clean Water Act.
Should you have any questions, please contact J. Shami at (951) 782-3288.
Sincerely,
Mart
;il�me=(Jun) T. 0 irez, Jr P.i
Chief" Re,-ulations Sect -10311
cc: California Coastal Commission, Long Beach
Army Corps of Engineers - Erik Larsen
County of Orange, County Property Permits Division - Patricia Bigger
JIS/blucag2371et
California Environmental Protection Agency
cl* Recycled Paper
;3 - C1 S T 6S8-17SG-b1G OU I J a �'J e W T I a q S e9T :OT 90 -17;� Uer
shellmaker ina.
Iecember 16, 2004
California Regional Water Quality Control Board
Santa Ana Region
3737 Main Street Suite 500
Mverside, CA 92501-3339
Re-_ 3400 Via Oporto, Newport Beach — Electra Cruises
Dear Mr- Martinez,
I am enclosing the City of Newport Beach Approval in Concept and the
completed caulerpa survey for the above referenced project- As you can see,
there is no eelgrass or caulerpa at the site. All work will be done in accordance
with the City of Newport Beach General Permit and no vessel waste will be
discharged at this location. There are no Least Tern nesting grounds at this
location so there will be no impact on that
My client is removing some fingers and reconfiguring the docks by adding an 8!
mfide finger that is 93' long- The purpose of this project is to comply With the new
mandated City of Newport Beach fire codes.
Electra Cruises operates a charter boat business out of Lido Marina Village and
the new configuration will allow for safer docking of their large vessels with a
proper ingress and egress in case of fire or other emergency.
I would appreciate it if you could respond to me on this matter, as the California
Coastal Commission will want to see proof that I have obtained your approval -
Thank you in advance for your assistance.
Sincerely,
Lisa E. Miller
President
2035F Placentia Ave-, Costa Mesa, CA 92627 Phone (949) 548-5359 Fax (949) 548-5315
General Engineering Contrar--tors/License No. 561434/Marine Construction and Dredging
6 -d S T EsoiPsGi?G OU I J a -,I e W I I a q S eLT:OT 90 tla Uer
12/30/2004 09:56
Z)ATE -
TO,
FROM -
949673305G NBLG HQ
j .
'DA&Z'8,
A�,
3400 V18 Oporto #104
llewpoxt &w*, C'C
.phone rminbtr., 949 6751%62
-73 8517
FAX; 673 305g
mil NeWPO-rt Reach
Donna Lar
Attached is a T�"--Lt&r which all boat tenants5 will be
rec-e-lvir,g wir-h t -heir jamary invoice,
PAGE 02
12 11; 3 0 / 2 0 0 4 09: 56
9496733056
�01
19*
I -li[Carel
TD� Fantasea Cruises
FROM,- Management
FV: f949,,51��p
DATE 121,10104
As January 31, 2005 is within the 30 day not -
agreement, the Landlord hereby give f-- tc) cOmPly in YOur iease
5 TenAllt its 30 day notice to comply With
The City of Newporl Beach and the Newport 130ach Fire Department ,0
SLOCKING or RAFTING of any vess(9j. 5top ALL
If 811Y blocking and/or rafting continues after that date you WJjj be in default of
YOur lease agreement and Landlord may- at Landlord OPtion trOat the occwrrenco
as a breach of the Lease Agreement and pursLjo what legal action a.S May be
required,
If YOLI hOve $nY question5, please call me.'ap-ytiTe
INNIZIN "I
14,151
CITY OF NEWPORT BEACH
FINAL LETTER - COMPLETE
HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660
Tom Rossn-ffller - 949-644-3041 Chris Miller - 949-644-3043
FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915
Nadine Morris - 949-644-3105
LIDO MAR -INA VILLAGE
ATTN: DONNA LARSON
3400 VIA OPORTO, STE 104
NEWPORT BEACH, CA 92663
Dear Commercial Pier Permittee,
Permit number: HC2004-066
Location : 3400 VIA OPORTO
Status: CLOSED
12/16/2004
This is an acknowledgement letter stating that you have successfully corrected the violations previously noted in the
City report that was sent to you earlier this year. Your docks have met the minimum standards as set by The City of
Newport Beach Municipal Code.
Your actions will help reduce the potential for fire related injury and property damage in Newport Harbor. Please
remember that it will be your responsibility to ensure that your docks maintain this level of safety in the years to
come. The Harbor Resources and Fire Departments will be conducting routine inspections of your property in the
future.
Thank you for your compliance. Please feel free to give us a call if you should have any additional questions.
CHRIS MILLER - HARBOR RESOURCES SUPER VISOR
NADINE MORRIS - FIRE DEPARTMENT INSPECTOR
Page I of 2
CITY OF NEWPORT BEACH
FINAL LETTER - COMPLETE
HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660
Tom Rossmiller - 949-644-3041 Chris Miller - 949-644-3043
FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915
Nadine Morris - 949-644-3105
LIDO MARINA VILLAGE Permit number: HC2004-066
ATTN: DONNA LARSON Location 3400 VIA OPORTO
3400 VIA OPORTO, STE 104 Status: CLOSED
NEWPORT BEACH, CA 92663
DATE COMMENTS
12/16/2004
Berthing 05/04/2004 All boats, including structures that float and have a fuel source, shall be readily removed in an
emergency without the necessity of moving other boats. At the time of the inspection, many vessels
were berthed in most of the lagoons. They were unable to navigate out into the channel without
moving a larger vessel. NFPA 303 Chapter 5 Section 5. 1.1
08/04/2004 Action plan for multiple berthing for Electra Cruises approved and shall be implemented by January
30,2005.
11/01/2004 Action Plan Approved for Lido Marina Village. Implementation by January 30, 2005.
CHRIS MILLER - HARBOR RESOURCES SUPER VISOR
NADINE MORRIS - FIRE DEPARTMENT INSPECTOR
Page 2 of 2
77,71Z�4 77'
W PORT BE,
� No-,,�ernber2,7201104
Dornia Larson
Lido Marina Village
Z-7
,3400 Via Oporto, Suite 104
Newport Beac.1h, CA 92663-6302
Su!�7,ect: 3400 Via Oporto - Multiple Bert-1hing Action Plan
Permit Nu: -ober HC2004-066
Dear Ms. Larson:
4
1 am in receipt off y our letter dated Oc-tolber 27, 2004, rec-arding the issue of
rn
ultiple beert-hing occurring h
at t e above subject location.
Your corres-oondertce states that nrultiple berflaing be discontinued at
Liclo Marina V-1111age. IVe appreciate your concer-i-I for the safety of the
ILarbor a,. -,d the decision to chan-e -,,,-oux bus-1--neess -,practice to comply with
H'tie National Fire Protection Association (NITA 303).
This action pian submitted is approved and required to be implemenated
by January 30, 200-3.
I
The remal*-nirLgviolaL--,,onsn,.oted on our notice dated September 23,2004-1,
will be reinspected on or after Novem-ber 10, 2004�
P, -,'ease contact Nadhn Morris at,1949) 644-310-5 if, -have any quesfioi�s.
71,31-iank you for your cooperation. Welookforward to achieving a fire safe
T- T 4-
. iar bo -i- in ewpor L Beach.
............
R',
77,71Z�4 77'
W PORT BE,
� No-,,�ernber2,7201104
Dornia Larson
Lido Marina Village
Z-7
,3400 Via Oporto, Suite 104
Newport Beac.1h, CA 92663-6302
Su!�7,ect: 3400 Via Oporto - Multiple Bert-1hing Action Plan
Permit Nu: -ober HC2004-066
Dear Ms. Larson:
4
1 am in receipt off y our letter dated Oc-tolber 27, 2004, rec-arding the issue of
rn
ultiple beert-hing occurring h
at t e above subject location.
Your corres-oondertce states that nrultiple berflaing be discontinued at
Liclo Marina V-1111age. IVe appreciate your concer-i-I for the safety of the
ILarbor a,. -,d the decision to chan-e -,,,-oux bus-1--neess -,practice to comply with
H'tie National Fire Protection Association (NITA 303).
This action pian submitted is approved and required to be implemenated
by January 30, 200-3.
I
The remal*-nirLgviolaL--,,onsn,.oted on our notice dated September 23,2004-1,
will be reinspected on or after Novem-ber 10, 2004�
P, -,'ease contact Nadhn Morris at,1949) 644-310-5 if, -have any quesfioi�s.
71,31-iank you for your cooperation. Welookforward to achieving a fire safe
T- T 4-
. iar bo -i- in ewpor L Beach.
October 27, 2004
City of Newport Beach
Fire Department
PO Box 1768
Newport Beach, CA. 92658-8915
Attention: Nadine Morris
Subject: Lido Marina Village
Reference: HC2004-066
Dear Ms. Morris.
In reference to your letter of Sept. 23, 2004 regarding certain maintenance items needed
to be repaired and/or replaced this will be completed no later than November 10, 2004.
In regards to the Multiple Berthing, the tenants who are in violations have been notified
and understand this is not permitted by City NFPA 303 Chapter 5, Section 5. 1. 1., and this
code will be enforced by the City come January 3 1, 2005. They have all stated they will
work with the City and management to correct this.
ifyou have, -any questtons, or; -H can be ofam, -�,rffi sic'e F-- -all
Sincerg-ly,
Cc: City of Newport Beach
Harbor Resources (Chris Miller)
File
CITY OF NEWPORT BEACH
FINAL LETTER - COMPLETE
HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660
Tom Rossmiller - 949-644-3041 Chris Miller - 949-644-3043
FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915
Nadine Morris - 949-644-3105
LIDO SAILING CLUB
ATTN: NORM REST
3300 VIA LIDO
NEWPORT BEACH, CA 92663
Dear Commercial Pier Permittee,
Permit number: HC2004-064
Location : 3300 VIA LIDO
Status : CLOSED
10/27/2004
This is an acknowledgement letter stating that you have successfully corrected the violations previously noted in the
City report that was sent to you earlier this year. Your docks have met the minimum standards as set by The City of
Newport Beach Municipal Code.
Your actions will help reduce the potential for fire related injury and property damage in Newport Harbor. Please
remember that it will be your responsibility to ensure that your docks maintain this level of safety in the years to
come. The Harbor Resources and Fire Departments will be conducting routine inspections of your property in the
future.
Thank you for your compliance. Please feel free to give us a call if you should have any additional questions.
CHRIS MILLER -HARBOR RESOURCES SUPERVISOR
NADINE MORRIS - FIRE DEPARTMENT INSPECTOR
Page I of2
CITY OF NEWPORT BEACH
W,
COMPLETE
FINAL LETTER
HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660
Tom Rossmiller - 949-644-3041 Chris Miller - 949-644-3043
FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915
Nadine Morris - 949-644-3105
LIDO SAILING CLUB
ATTN: NORM REST
3300 VIA LEDO
NEWPORT BEACH, CA 92663
DATE COMMENTS
Permit number: HC2004-064
Location 3300 VIA LIDO
Status: CLOSED
10/27/2004
Berthing 09/10/2004 Marinas with multiple berthing violations must submit an action plan to resolve the infractions by
January 30, 2005. Action plans must be approved by Fire Chief Riley by the deadline posted on the
cover sheet of this report.
10/26/2004 Action plan approved. Shall be implemented by January 30, 2005.
CHRIS MILLER -HARBOR RESOURCES SUPERVISOR
NADINE MORRIS - FIRE DEPARTMENT INSPECTOR
Page 2 of 2
-24
, NO
October 26, 2004
Norman Rest, President
Lido Sailing Club
3300 Via Lido
Newport Beach, CA 92663
Subject: 3300 Via Lido, Newport Beach - Multiple Berthing Action Plan
Permit Number HC2004-064
Dear Mr. Rest:
I am in receipt of your letter dated October 18, 2004, regarding the issue of
multiple berthing occurring at the above subject address.
Due to the nature of your business, your correspondence stated that
multiple berthing at the facility will need to continue. It is our
understanding that vessels will be multiple berthed only during normal
business hours. In the event of a vessel fire in the harbor, it is imperative
to remove exposed vessels immediately. Employees shall be trained to
respond without delay and take appropriate measures. After hours, all
vessels will be arranged such'that any vessel can be readily removed in an
emergency without the necessity of moving other vessels.
The action plan submitted is approved and required to be implemented
by January 30, 2005. Please contact Nadine Morris at (949) 644-3105 if you
have any questions.
Thank you for your cooperation. We look forward to achieving a fire safe
harbor in Newport Beach.
Sincerely
Fire Chief
Lido Sailing Club
3300 Via Lido Newport Beach Ca'
92663
Fire Chief Riley
Dear Sir,
10/18/04
On or before 111105 Lido Sailing Club as a matter of policy will birth all boats, at
night, in the attached configuration.
Business hours 9am> 8pm summer and 9am> 5Pm winter, except boat parade
nights, we will maintain a non -rafting non -blocking configuration in the Lido marina at
the above address.
We, as a sailing Club when docks are manned with doe personal may raft or side
tie as a matter of staging or routine maintenance however intend to adhere to the letter and
sprit of the fire codes when docks are unmanned or at night.
egards Norman
Lido Sailing Clut
949 494 3658.
C, A 2 -P
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CITY OF NEWPORT BEACH
VICINITY MAP N.T.S.
NEWPORT BAY, CALIFORNIA
ON
NORTH
EEL GWS iNSPECTfON
NO EEL GRASS WITHIN 15OF PROJECT
0 EEL, RASS IN THE PROJECT AREA
SIGNATURE
i It kdI04 13. Y-)
PERMIT� DATE
HARBOR RESOURCES DIV.
CITY OF NEWPORT BEACH
C1111; � tj[jbt tj llqlrjl
191-n"
(N) 2-18" SQ CONC
PILES
:1ROPOSED 8' x 93'
-LOATING DOCK
N) 20" SQ CONC
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--) FLOATING DOCK
(E) BULKHEAD
PILING LAYOUT
N.T.S.
APLICANTS NAME :LIDO MARINA VILLAGE LOT: ITRACT:
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An700 Q,�_ip-j it ,I/
j r) L I DU 0" Imll /-A' R 11 N /-\ V I L L E- ",-. I !\ — IKER, INIC. DATE
NEWPORT BEACH, CA 92663 2035 F PLACENTIA AVENUEJ 10/13/04
I COSTA MESA, CA 92627 d
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PILE ELEVATION N. T. S.
SOUNDINGS ARE EXPECTED IN FEET
AND DENOTE ELEVATIONS BASED ON
MEAN LOWER LOW WATER.
APLICANTS NAME : LIDO MARINA VILLAGE LOT: ITRACT:
[r)Q Ar)r)D�7QQ i IMr) KA A A A CONTRACTOR :SHELLMAKER, INC.
L-u�-/ MARINI-N VILLAGE
NEWPORT BEACH, CA 92663 2035 F PLACENTIA AVENUE� 1 O'�1'3'/ :0 4
COSTA MESA, CA 92627
August 4, 2004
Donna Larson, Property Manager
Lido Marina Village
3400 Via Oporto, Suite 104
Newport Beach, CA 92663-6302
Subject: 3400 Via Oporto, Multiple Berthing Action Plan
Permit Number HC2004-066
Dear Ms. Larson:
I am in receipt of your letter dated July 30, 2004, proposing an action plan
to resolve the issue of multiple berthing occurring at the above subject
property with your tenant Electra Cruises Inc.
As outlined in the action plan and diagrams provided, the removal of two
fingers at Dock E will allow for the docking of boats in a manner that will
no longer impede the removal of vessels at the dock. Your action plan is
approved and required to be implemented by January 30, 2005.
A permit from the City's Building Department is required for the removal
of these two fingers and the modification to an existing finger. Prior to
obtaining this permit, please contact Chris Miller or Tom Rossmiller in
Harbor Resources at (949) 644-3034 to obtain an application. Please begin
the permit process promptly to allow for review by various City
departments.
I appreciate your response to the multiple berthing violation and look
forward to further cooperation to correct this problem.
Sincerely,
Timothy Riley
Fire Chief V
ON THE NVA=ON7r...1.N NEWPORT BF-kCH, CAUFORNU
MANAGEMENT / LEASING OFFICE
3400 VIA OPORTO, SUITE 104, NEWPORT BEACH, CA 92663-6302 - (949) 675-8662 - FAX: (949) 673-8517
30 July 2004
Fire Chief Tom Riley
City of Newport Beach
HAND DELIVERED 7/30/04
Reference is made to Tom Rossmiller's letter of 01 July 2004 regarding
Compliance for commercial docks.
On behalf of Electra Cruises Inc., I would like to request an extension until
30 January 2005, as they will be modifying their docks in order to comply
with the berthing conditions.
Following please find a copy of Electra Cruises current docking and a copy
of their proposed reconfiguration.
Thanks you for your usual prompt attention to our request. Should you have
dy Goodman at Electra Cruises (949 -723 -
Property Manager
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Miller, Chris
From: Jeff Allen Dallen@hbplaw.com]
Sent: Monday, May 05, 2003 3:12 PM
To: cmiller@city.newport-beach.ca.us
Cc: Martin Rodriguez; Kenc@ljbank.com; Dyoder@ljbank.com
Subject: Proposed loan by La Jolla Bank to Cannery Village, LLC; transfer of pier permit
Dear Chris:
Thank you for taking the time to discuss my concerns about La Jolla Bank's ability to exercise the pier permit
rights of its prospective borrower, Cannery Village, LLC, in the event the Bank were to succeed to ownership of
the borrower's "upland" leasehold estate by foreclosure. I understand from speaking with you that if the Bank
could prove to the City that the Bank had acquired the upland leasehold estate of Cannery Village, LLC, then
upon the Bank's submission to the Harbor Resources Division of a simple form that essentially provides contact
information and upon payment of a filing or processing fee in the amount of a few hundred dollars, the Harbor
Resources Division would either approve the transfer of Cannery Village's existing pier permit to the Bank or
would issue a new pier permit to the Bank, so that the Bank would then be able to generate income from renting
out the permitted boat slips, as is now being done by Cannery Village, LLC. Such transfer or issuance would not
require any discretionary approval by the City Council or any other City agency or board, but instead would
be ministerial in nature (meaning that it would be something to which the Bank would be entitled upon compliance
with the City's procedural requirements). I further understand that the transfer or issuance of a pier permit to the
Bank could be accomplished even without the signature or consent of Cannery Village, LLC (even though the
transfer form calls for the signature of the "seller") as long as the Bank can demonstrate to the City that the Bank
has acquired the upland leasehold estate. This last point is important, because the Bank cannot count on the
cooperation of a defaulting borrower against whom the Bank has foreclosed.
Please confirm by return e-mail that my understanding is correct. If I have misstated or misunderstood anything,
then please let me know in what particular respect I have done so. Also, I would appreciate receiving from you,
by mail or fax, a copy of the pier permit transfer application form referred to above. My contact information is set
forth below.
Thanks again for all your assistance. I look forward to hearing back from you at your earliest convenience.
Jeff
Jeffrey S. Allen
Law Offices of Jeffrey S. Allen
707 Wilshire Boulevard, Suite 5350
Los Angeles, California 90017-3500
Telephone: (213) 228-6515
Facsimile: (213) 228-6532
E -Mail: jallen@ aw.com
-hkpL-
Attention! Confidential!
The information contained in this transmission is intended only for the
personal and confidential use of the designated recipient. This
transmission may be an attorney client communication and as such is
privileged and confidential. If the reader of this transmission is not
the intended recipient, you are hereby notified that you have received
this transmission in error, and that any review, dissemination,
distribution or copying of this transmission is strictly prohibited. If
08/06/2003
P
CITYOF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
-,July , 30,2002
Marvin Engineening Co.
3400 Via Oporto, Suite 104
Newport Beach, CA 92663
Re: pier permit CP 1243 3 3 6 1 for 3 3 3 6 Via Oporto
Dear Sirs:
This is notice that the property owner at 3336 Via Oporto has applied for a permit to
-fevise the pier and dock bayward from his property. The City of Newport Beach Harbor
Resources Division has given him an Approval In Concept for the proposed work. This
application will require approval of both the Army Corps & the Califoraia Coastal
Cominission. If this application is approved by the above-mentioned agencies and the
City approves the plans, a permit will be issued for the work.
If there is a permit issued for this revision, the Public Purnpout Station that is required for
your marina will have to be installed elsewhere within the Lido Village Marina. The
location for the pump will have to be reviewed and approved by the City and the work to
install the. pump must be done under a Harbor Construction Permit issued by the Building
Department.
If you require additional information in regards to this matter, please contact either Wes
Armand or Tony Melum at 949-644-3034.
Sincerely,
Wes Armand
Harbor Inspector
Harbor Resources Division
Cc: Robin Clauson, Assistant City Attorney
3300 Newport Boulevard, Newport Beach
b ob
General Engineering & Electrical
MIKE KILBRIDE, LTD.
P.O. Box 3341 Newport Beach, CA 92659
949-548-0106
Lic. # "A" & "C-1 0" 738400 Fax 949-548-1616
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CITY OF NEWPORT BEACH
BUILDING & PLANNING DEPARTMENTS
PLEASE PRINT
!.PROJECT ADDRESS (NOT,-MAIL�NG ADDRESS) FLOOR SUITE NO. ZIP
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LEGAL DESCRIPTION No. UNITS
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PERMIT NO.
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CLASS CODE PLAN CHECK FEE
LIDO
MARINA',
jj��'VILLAGE
ONTHEWATERFROINT IN NEWPORT BEACH. C--kLIFOR"NIA,
3400 VIA OPORT' M�NAGEMENT / LEASING OFFICE
0:,--SUII'E 104, NEWPORT BEACH, CA 92663-6302 - (949) 675-8662 FAX:
April 29, 2602
Robert Burnham
City Attorney
CITY OF NEWPORT BEACH
3300 Newport Blvd.
Newport Beach, CA.
Dear Mr. Burnham:
W
On March 11, 2002 Lido Marina Village received a lette'r from Wes Armand, Harbor
Inspector for the City of Newport Beach. The context of the letter was, Lido is in violation
of the Fire Code regarding the ingress and egress of boats. Lido promptly notified the
tenants of the violation and the tenants must comply.
Lido's tenants contacted other marinas in Newport Beach to verify they had received the
same letter regarding this violation. As there are over 30 marinas in the Newport harbor
that "stack" boats (one boat blocks another). NO other marina had received a notice from
the Marine Department or any other agency in Newport Beach.
It is my understanding the Marine Department made a physical inspection of ALL marinas
in the Newport Beach basin and have noted all marinas who are violating this Fire Code.
The Marine Department has prepared a letter notifying the other marinas of the violation
but has not mailed the letter to them, as they have not been authorized to do so.
My complaint is if the City is aware of the violations by all these marinas why was Lido is
the ONLY one who has been given the written notice to comply.
Please explain this unequal enforcement of the fire code.
Sincerely,
Don"tarson
Property Manager
Cc: Newport Beach
Horner Bludau, City Manager
�x8ny Mellum, Marine Department
Wes Armand, Marine Department
R. Berger
J. Friedman
File
5
June 29, 2001
James M. Whitelaw
Attorney at Law
18191 Von Kannan Avenue
Irvine, Ca 92612-0187
Dear Mr. Whitelaw:
In our meeting this morning we discussed the requirements for transferfirig a pier permit from the seller to
the buyer within a time frame. The Harbor Permit Policies require that a request shall be made to the City
to transfer the permit and the application must be made within 30 days from the date that the abutting
upland property changed ownership. I am attaching a copy of the policy for your information.
If you require additional information regarding this policy, please call either Tony Melurn or me at 644-
3044.
Sincerely,
WV
Wes Armand
Harbor Resources Division
WA
H-1
CB') Whenever a pern-dttee sells the abutting upland property, a request shall be
made to the City to transfer the permit. Forms for this purpose may be obtained
from the Harbor Resources Division. Failure to apply for a transfer within 30
days from the date that the abutting upland property changed ownership will
result in an additiong'-fee bythe City. -
C. The Harbor Resources Division is authorized to approve transfers to the new
owners or long-terin lessee of the abutting upland property.
D. Prior to the transfer of a Harbor Permit, all harbor structures shall be inspected
for compliance with the City"s minimum plumbing, electrical and structural
requirements, . and the conditions of the existing permit. All structural
deficiencies must be corrected prior to the transfer of the permit A fee win be
charged for this inspection, established by Resolution of the City Council.
DREDGING
A. All dredging will require a permit from the Harbor Resources Division and may
be subject to engineering approval by the Public Works Department.
B. Major dredging outside the established harbor lines will require prior approval
by the Harbor Resources Division and the U.S. Corps of Engineers.
C. Maintenance dredging bayward of residential and commercial property shall be
the responsibility of the Harbor Permittee for the zone delineated by the
bayward prolongations of upland side property lines and the U.S. Project line.
FEES
A. INITIAL PERMIT FEES
The Harbor Resources Division may charge the fees identified in the Master Fee
Schedule for initial pennits and for pier fees. Initial permit fees to not include
Building Department fees, but they do include Public Works Department fees.
B. PIER FEES
Annual pier fees are due and payable on 1 March in accordance with the
schedule identified in the Master Fee Schedule.
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S M F. KNISS, CONSULTING ENGINEER RCE #17377
JIM,
HRS.
F7"
eA 1711 -
ow
CONSOLIDATED
ANAHEIM
1122 N. KRAEMER PL.
CORPORA TE OFFICES
31 MUSICK A VENUE
INLAND EMPIRE
250 E. CAROLINE ST, STE. C
LAI.-UNA HILLS
23271 VERDUGG DR.
REPROGRAPHICS
A A'AHEIM, CA 92806
(714) 630-1663
IRVIN& CA 92618
(949) 588-3839
SAN BERNA DINO, CA 92408
t909) 370-CRCR (2727)
LAGUNA HILLS, CA 92653
!943) 581-2563
DIVISION OF LA SON
LAS vEeAs
OC AIRPORT
TUS77N
SUPPL Y ORDER DESK
505E CAPOVILLA #101
3182 PULLMAN ST.
560 W. FIRST ST
014) 665-2040
DELIVERY INVOICE
LAS VEGASNV 89119
(702J 361-0666
COSTA MESA, CA 92626
(714) 751-2680
TUSTIN, CA 92781
(714) 838-2855
1800) 532-8555
�714j 665-2037 Fax
11:42-00
Your image,
Our reputation.
NO. 871358
* - **CASH***
SOLD TO: 8200
SHIP TO: 9999999
CONSOLIDATED REPROGRAPHICS
SAM KNISS
XEROX LETTER IMAGE COST
AIRPORT FACILITY
12
75
07
3182 PULLMAN STREET
9.50
230110
XEROX 8.5X1 1 WHITE 20
COSTA MESA CA
92626 -..PAID.
75
0
EA
0.00
100000
(949)
733-8430
12
CUSTOMER COPY
INITED
SLOC
ORDER DATE
wo.
ISAM
JODMAN
6. WAIT
121
I
6/06/00
1 104599
W/C SHIP nPE
CARRIER
CLERK
TIME
SLSP TAX SHIFT
0 WAIT FOR
ORDER I
1405541-COBIAN,
ANDREW
11:42-00
2 Y D
777�
PT
230010
XEROX LETTER IMAGE COST
75
12
75
07
9.50
230110
XEROX 8.5X1 1 WHITE 20
75
12
75
0
EA
0.00
100000
DIAZO BLUELINE PRINT
30
12
30
0
SF
5.70
Number of originals: 1 Number of copies: 5 S
ze: 24X36 (Appli
as to above
item)
WAIT FOR ALL
TERMS: NET 30
Sub Total
15.20
Frei
0.00
PLEASE REMIT TO: P.O. BOX 513865, LOS ANGELES CA, 90051-3865
Tax
1.18
TOTAL
16.38
DOCUMENT REPRINT
Deposit
0.00
PAGE 1
ROMMILGIM dm
16.38
CUSTOMER COPY
SA'M F. KNISS, CONSULTING ENGINEER RCE #17377
HRS.
NGR.
t tNGR.
HRS.
CLERK
ANAHEIM
CONSOLIDATED 1122 N, KRAEMER PL.
A111M, CA 32806
CORPORA TE OFFICES INLAND EMPIRE LAGUNA HILLS
37 MUSICK A VENUE 250 F. CAROLINE ST., STE. C 2327 7 VERDUGO DR
IRVINE, CA 92618 SANBERNADINO, CA 92408 LAGUNA HILLS, CA' 92557
,REPRCyr f774) 630-1663
RAPH, CS
(949) 588-3839 (909) 370-CRCR (2727)
!94*1 587-2563
DiVISION OF LASON LAS VEGAS
OC AIRPORT TUSTIN
SUPPLY ORDER DESK
505E. CAPOVILLA #101
LAS VEGASNV 89119
3182 PULLMAN ST. 580 W. FiRST ST
COSTA MESA, CA .92626 TUSTIN, CA 9278
I 774J 665-2040
/500; 532-8555
DELIVERY INVOICE (702,1 367-0666
(7 74) 751-2680 014) 838-285-5
714i 665-2037 Fax
Your image,
Our reputation.
---
***CASH***
NO. 871358
SC�0 TC: 8200
SHIP -0. 9999999
CONSOLIDATED REPROGRAPHICS
SAM KNISS
AIRPORT FACILITY
3182 PULLMAN STREET
COSTA MESA CA 92626
PA
(949) 733-8430
IANTED SLOC I GPDER,-�ATE W 0 ;r
RANDY GOODMAN
WAIT 12�
6/06 -/CO 104599
W/C S��P 71 PE V
0 WAIT FOR ORDER
I T IME P i 7AX !Shl�-
LERK
405541-COBIAN, ANDREW 11:42:00 2 Y C)
— —?
I-rEK. No� -SCHIPTION, 77�7'
,
1. .. . . . ' ' I! Q �5 P OTV:
QT V -011P. IWHSU, I y M
�
Bt UNIT AMPURT
0
230010 1 XEROX LETTER IMAGE COST
75 12
0 EA 9 S 0
230', -10 1 XEROX 8,5X1 1 WHITE 20
75 12
0 EA 0.00
0101300 DIAZO BLUELINE PRINT
30 12 30
0 5.70
I Number of originals: I Number of copies: 5 Sze:
24X36 pplios to abovehtem)
WAIT FOR ALL
TERMS: NET 30 Sub Totai 15.20
0.00
PLEASE REMIT TO: P.O. BOX 513865, LOS ANGELES CA, 90051-3865 Tax 1.18
TOTAL 16,38
DCOUMENT REPRINT Depcs�t J 0.00
PAGE _16.38
CUSTOMER COPY
OWNER -BUILDER DECLARATION
I hereby affirm that I am exempt from the contractor's license law for the following reasons:
(Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires
the applicant for such permit to file a signed statement that he is licensed pursuant to the
provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of
Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis
for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit
subjects the applicant to a civil penalty for not more than five hundred dollars ($500).
— I, as owner of the property, or my employees with wages as their sole compensation,
will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and
Professions Code: The Contractor's License Law does not apply to an owner of property who
builds or improves thereon, and who does such work himself or through hL, own employees,
provided that such improvements are not intended or offered for sale. If, however, the
building or improvement is sold within one year of completion, the owner -builder will have
the burden of proving that he did not build or improve for the purpose of sale).
- I, as owner of the property, am exclusively contracting with licensed contractors to
construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law
does not apply to an owner of property who builds or improves thereon, and who contracts for
such projects who builds or improves thereon, and who contracts for such projects with a
Contractor(s) License pursuant to the Contractor's License Law).
I am exempt under Sec. of Business and Professional Code for this reason:
Owner's Signature:
Contractor:
Address:
License class: State Board No.
License Contractor's Declaration
Date:
Telephone:
City License N
I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code, and my license is in full force and
effect.
Contractor's Signature — Date:
SAM F. YCNISS
Consulting Civil Engineer, RCE 17377
19 Agate
Irvine, CA 92714
(949) 733-8430
INVOICE
DATE: JUNE 6, 2000
CLIENT: RANDY GOODMAN
ELECTRA CRUISES, INC.
3405 VIA OPORTO
NEWPORT BEACH, CA. 92663
(01 0
&1 '0
REFERENCE: CHANGED CALCS, CONST. DRAWING AND SMALL COASTAL
DRAWING TO REFLECT ADDITION OF 61 X 91' FINGER DOCK.
SEE ATTACHED WORK SHEET
HOURLY FEES
Principal Engineer 16 -OHours @ 05.00/hr. =$I 200.00
Drafting Hours @ /hr. =
Clerical Hours @ /hr. =
Deposition/Expert Witness Hours @ /hr. =
FEES TOTAL —$1,200.00-= $1,200.00
MILEAGE & EXPENSES
Mileage 60.0 miles @ $0.35/per mile 21.00
Expenses 16.38
37.38= $ 37.38
MILEAGE/REIMBURSEMENT TOTAL =$
TOTALDUE $1,237-38
Social Security No. 565-44-1463
Ag,
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LEVER
O -TENSION
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CRACKING
14'
3166
4360
4954
5549
15'
2955
4069
4624
5179
16'
2770
3815
4335
4855
17'
2607
3590
4080
4570
18'
2463
3391
3853
4316
19,
2333
3212
3650
4089
20'
2216
3052
3468
3884
21'
2111
2906
3303
3699
22'
2015
2774
3153
3531
23'
1927
2654
3016
3377
24'
1847
2543
2890
3237
25'
1773
2441
2774
3107
26'
1705
2347
2668
2988
27'
1642
2261
2569
2877
28'
1583
2180
2477
2774
29'
1528
2105
2392
2678
30'
1478
2034
12
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CLIENT JOB NO.
PROJECTZ's
ENGR 52�egE- DATE CK — DATE
SHEET NO.— OF
I ol
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NOTES
1, CONCRETE
f'r. = 4000 PSI @ TRANSFER L MOVING
f'r- = 6000 PSI @1 8G DAYS L TIME OF DRIVING
MIX DESICN 9 UY-119A
2, REINFDRCING
PRESTRESSING STEEL SHALL CONFORM TO
ASTM A-416 GRADE E70
3 SPOAL W-3.5 SP]RAL
movs Im Pt" vIrv.
3. EFFF7r-TTVF7 PRLjL=
M'ECTIVE'- PRESTRESS IN STRAND 164.7 KSl
EF--EC71V=-* PRESTRESS 11N CONCRCETE 77Q PSI
4. SFCT]nN PRnPFRTIES
18' SQUARE PILE
AXL,A = :3d4 SU.IN.
- 144,0 PittsTROING As = 10 STRAND X .153 SOAN, = 1.53 SQdN.
r WEIGHT = 350 POUNDS PER FOOT
[AND5 GVOJ-L �P^CCD
S, PILE P"CKUP POfNTS
.15L 35L .35L -15L
I fjN 3 POINT PICKUP
1- CMWER A4L.
tofteitl
2 POINT PICKUP
LIr I
wiw
SECTION A- A
N. T. S.
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APPROVED
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INTR-A AIMERICAN FOUNDATION & DRII-LING DWG. NO- EV.
UNOCAL SRO A 15-224
Mm WILMINGTON, CALIFORNIA SCALE SHEET OF
[I I NJS, 1 -1
FILE NO: PELE-CHT.6
1211 sq. PRESTRESSED CONCRETE PILE
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837
960
1084
211
562
797
915
1032
221
536
761
873
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513
728
835
942
24'
492
698
800
903
25'
472
670
768
867
6
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644
738
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271
437
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803
WENT JOB NO.
PROJECT
C-45 dCAJJ;:�P�
ENGR Z�*C DATE - CK - DATE
SHEET NO.- OF
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SPIPAL . . . . . . . . . . . . . .
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IM171AL FORCE I SIRAND: 20v760 Lbs. r. A -Strands
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FIRCi 'MARITIDEPT.
CITY VPE�PORTV�ACH
1),510p -7-
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E)c NO FFL GRASS U.S. L.IXI,5'
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
P.O. BOX 1768, NE WPORT BEACH, CA 92658-8915
(949) 644-3131
r -M
Donna Larson
Jerry Friedman
LIDO MARINA VILLAGE
3400 Via Oporto
Suite 104
Newport Beach, CA, 92663
VIA FACSIMILE (949) 673-8617
RE: HARBOR PERMIT COMPLIANCE ISSUES WITHIN LIDO MARINA VILLAGE
Dear Mr. Friedman and Ms. Larson:
On November 9, 1999, 1 sent a letter to you outlining certain issues regarding compliance with
conditions attached to Harbor Permit No. 124-3400. Under paragraph two of that letter, I
discussed the pprmit's parking requirements noting that the Harbor Permit, when issued in
1973, required fifty five (55) parking spaces for seventy three (73) slips and side tides in the
Marina. I requested that you provide the Fire & Marine Department with the location,of thirty
(30) of the fifty five (55) required spaces.
In response to that letter, you notified me that the thirty (30) spaces which are described on the
Harbor Permit as being contiguous Wthe marina, were located on the property at 3366 Via
Lido. This parking existed at the time the Harbor Permit was issued in 1973, is currently owned
by Olen Properties Corp. I have reviewed City records and discussed the issue with our
Planning Director. We have confirmed that the parking located at 3366 Via Lido is the parking
that was provided contiguous to and for the marina tenants, when the Harbor Permit was
issued.
3300 Newport Boulevard, Newport Beach
Lido Marina Village Parking
March 19, 2001
Page 2
Therefore, I am satisfied that you have identified thelocation of the thirty (30) spaces as
required in paragraph two of my November 9, 2000 letter.
Very truly yours,
Robin L. Clauson,
Assistant City Attorney
RC:da
cc: Homer Bludau, City Manager
Patty Temple, Planning Dept.
-Tony Melum, Harbor Resources Division
F:\Users\cat\shared\da�Debbie�letteARobin\JF-DLmadnaPkg
LIDO
MARINA
VILLACE,
A
ON THE WATER FRONT... IN NEWPORT BEACH, CALIFORNIA
MANAGEMENT/LEASING OFFICE
3400 VIA OPORTO, SUITE 104 NEWPORT BEACH, CA 92663-6302 - (714) 675-8662 - FAX: (714) 673-8517
February 9, 20 '
Wes Armand
City of Newport Beach
Marine Department
3300 Newport Blvd.
Newport Beach, CA.
SUBJECT: Lido Marina Village Marina
Dear Wes:
I have had the opportunity to review the Harbor Permit (#124 3400) dated
May 29, 1973. This permit consolidated five (5) existing permits into
one (1) but it did not reference the permit numbers which were being
consolidated. It appears it did riot include the area directly in front
of the restaurant at 3450 Via Oporto, �,�hich is part of this property.
As the property is in an escrow perioC, certain documents are required to
satisfy the purchaser which includes the permit for the entire marina.
Your cooperation in resolving this very important issue is appreciated
and if I'can be of any service, please call. anytime.
Sincer y,j
7 Y,
Donna Larson
property Manager
Cc; R. Berger
G. Friedman
File
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ITY 0
RO. BOX 1768, NEWPORT BEACH, CA 92658-8915
June 2, 2000
Lido Village Property Management
Marvin Engineering
3400 Via Oporto, Suite 104
Newport Beach, Ca 92663-6302
Re: Harbor Pier Permit 12434001 for Lido Village Marine
Dear Sirs:
On May 26 the City of Newport Beach Harbor Resources Division inspected the Lido
Village Marina and has found:
1. The repairs specified in the inspection letter of March 30, 2000 have all been
completed.
2. There were no violations of the Uniform Fire Code relative to berthing vessels.
3. The vessels in the marina were all fastened to the dock properly and not rafted.
4. The number of vessels in the marina this day numbered 76.
If you require further assistance in this matter, please call 644-3 )043.
Sincerely,
Vk/ ///w
Wes Armand
Fire and Marine Department
Marine Environmental Management
3300 Newport Boulevard, Newport Beach
-------------- -
Melum, Tony
From: Armand, Wes
Sent: Friday, May 26, 2000 5:02 PM
To: Melum, Tony
Cc: Clauson, Robin
Subject: Lido Village inspection
Today I did the final inspection required for transfer of the pier permit at Lido Village. All the boats were berthed in
compliance with City Code and the Uniforn Fire Code. There were 76 vessels in the marina during this inspection.
All required repairs had been completed with the exception of three electrical receptacles. These I was assured would be
repaired by Wednesday of next week.
0
—ETCO DEVELOPMENT, INC. 540 Westminster Mall , Westminster, CA 92683 (714)379-3279 X:103
1. Applicant (Property Owner) Address Telephone
3336 VIA LIDO, NEWPORT BEACH, CALIFORNIA - 3 a -3 4a,
Project Address (Street Address) Harbor Permit Number
3. New Construction 4`�Re on Maintenance Dredging
Visi
_7 -2-2000
No Date 5
4. Fee heck �0 C) �.
5. Brief Description of Proposed Work: REMOVE AND RELOCATE THE EXISTING DOCK RAMP TO THE OPPOSITE
SIDE OF THE PROPERTY.
6. Submit 8 1/2" x 11" Drawings (3), Include:
1). Location and dimension of proposed structure including piles and location of existing structures,
on adjacent properties.
2). Location of bulkhead, pierhead and project lines.
3). Location of property lines.
4). Location of channel markers within 200 feet.
5). Lot sizes and lot numbers, if available.
6). Existing ground profile beneath proposed structure.
7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W.
8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W.
9). Any special conditions affecting the construction or affecting boating operations.
1 0).Complete all information required in information block, bottom of sheet. Note that the OWNER.
of the property is the applicant.
11). Drawing size shall be 8 - 1/2" x 11
12).Scale shall be adequate to clearly show the above information.
13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines.
7. Owner -Builder Declaration must be mp
EV( n-reversE side of this sheet)
8. Applicant's/Agent's Signature: Date: 5-2-2000
Joint Permittee Signature (if applicabl4): Date:
9. Work can begin once the City has receild —evidence of the following additiona'l approvals and you have
been notified to proceed. ff you begin prior to the notice you will be in violation of the Newport Beach
Municipal Code and subject to penalties.
10. Your permit will not be final until we have conducted an on site inspection once construction is
completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection.
OFFICF USE ONLY
Approval in Concept.
Approval of the City of Newport Beach Council.
Approval of the Army Corps of Engineers
Approval of the California Coastal Commission.
Approval of the City's Public Works Department.
Approval of the City's Building Department.
Approval of County of Orange.
Electrical and/or plumbing permit (Building Department)
Issued. (Permit is stamped drawing)
Site Inspection. (call 644-3043 for appointment)
Site Re -inspection
Date
Date
Date
Date
Date
Date
Date
Date
Date
Date
Date
penvim
I hereby affirm that I am exempt from the contractor's license law for the following reasons:
(Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires
the applicant for such permit to file a signed statement that he is licensed pursuant to the
provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of
Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis
for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit
subjects the applicant to a civil penalty for not more than five hundred dollars ($500).
— L as owner of the property, or my employees with wages as their sole compensation,
will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and
Professions Code: The Contractor's License Law does not apply to an owner of property who
builds or improves thereon, and who does such work himself or through his own employees,
provided that such improvements are not intended or offered for sale. If, however, the
building or improvement is sold within one year of completion, the owner -builder will have
the burden of proving that he did not build or improve for the purpose of sale).
X L as owner of the property, am exclusively contracting with licensed contractors to
construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law
does not apply to an owner of property who builds or improves thereon, and who contracts for
such projects who builds or improves thereon, and who contracts for such projects with a
Contractor(s) License pursuant to the Contractor's License Law).
I am exempt under Sec. of Business and Professional Code for this reason:
Owner's Signature:
Date: 5-2-2000
Contractor: ETCO DEVELOPMENT, INC. Telephone: (714)379-3279
Address:— 540 Westminster"Mall, Westminster, CA 92683
License class: -B_State Board No. 591069 City License No. BT -00009802
License Contractor's Declaration
I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code, and my license is in full force and
effect.
Contractor's Signature Date: 5-2-2000
January 19, 19113
Lido Village
7 IFI 17" F1 17:��'H jg"S
11
Ir
Z_ /A,& -
TO BE
M O'q ED
3336 Via Lido
14il Newport Beach, CA 92663
(Apartments)
;��vISEP 5%. f - 2-000
ae-C) PEvGcOPP7gP-TjTf\jC-
FIRE & MARINE DEPARTMENT
Mer, � 8M
MODevolopmon't Inc, 1)lfoslrnins "'A 91", 3, 60609
Disb For: LDO DatePd 05/02/2000 Chk# 060609
Amt Invcd Amt Paid Invoice # C/P C/P # Invoice Desc
340.00 340.00 HAR13OR-PER 0 IUTWR PERNUT AT 3336
f
m
;:� ROM :
FqX NO. ". 949S7338517 qpr. 19 2033 la:32RM P1
7% Ash
VILLAGE
�LWPO.tl- k' '�(:P i!111 11 -RN: A
MAINACEN,JEN'T j L EASING ,
;100 Vi", OPURTC), 104. NEWT10IRT F.F.A,':1i, C'�" 91�66j-6302 - j949) 675466-)
AP=il a8, 2000
We5 Arma-rld FA;� Mail 0111V 673 30S8
city of Newport _-eactl
Fire and Marine Department
Marine Envi=Rntal Xanagemer.t
Post off -ice Box 1768
Newport Beach, CA. 92658
SubJect: PiQx Permit (CP 12434001)
Dear Mr. Armand:
I am in receipt of your letter dated Maech 30, ') (ze'7.eiVed 4'3/00)
200L
regarding the pier permit for Zido Village,
YCu noted 5 daficierc_j��z that rmct(�ir� cc� —
frec, � r.q.
Items I and 2
Attac7hed is a copy of the 'etter del_'VGc4 to marina tenarit.
Item 3, 4 and 5:
Scheduled COMPletiOn by Apr-;-! -DO, 2000
The number of bQat3 moored at Lmv chz�ges con!;5t,7�ntiy, and alt�IcQgh the
Citv currently requ-ires. 2� parkinci -ace fo2: ti�e rnar4na there iz
and always beer, adecruate par— ' -a,
T-Mv- rc, 'I the t&,-nants at
Z will 60ntac you the week of '1`14 24 t
t/ of the
dock .
$I'
"'Icerelly,
Manag6r
Cc- J� Fr4edman
.R. Berger
File
-:Pl-
I � '01M
Fq"< NO. : 949671�3517 Ppr. 19 200a 10: 03PM1 P2
LIDO
WANAGEU-ENTT ILEA$ING OFFICE
34Q� V!A NZWOR7 f8A(':H, CA 97663-6X4 - (4i9� 675,80Q - !�AX.��ig),67.34517
April is, 2000
Dear
The City of Newport Beach Fire and Marine Department �jas- notified Lido
Marina Village of certain vLolatjom�; tnat must be corre(711e(� immediately;
11) 17-2C.010 and !?.20 Q
city mi.;njcipal Code, Section � -020 state�;
tt�.a, vc-sse'S -,nus, be bertlied anc! cannot be raft,; -,d
to another (5ee attach.ed
�2) Tht� Urti-form Fi'�ze Codi�;-, Charner 3-1(a) prohibits berth�lng
vessels in any manner zhat woula Drev&mt. other vessels from,
ingress and egress (see attached),
The City c -an and is intend! -,g to f-ine Lido Mai!--ina Village for any of the
inf zaction5. 7.ido Marina Village will then pPSS this cost Onto the
tenant who violates the code condii:;-icns.
The city codes will be strictly enf-orced by L-ido Marina Village. IE the
violatLons ara not corrected within the next 30 days LmV will taxe
appropriate act -;on. The a)�ove viclation5 are a breach of the LP�Ise
agreement, section
Your c000eration and p�7vmpt att�e'ltion 70 th-;':5 mattcr is apprecLaLad.
Sincerely,
Donna Larscn
Property Manager
Attachmentz NSMC 17�20.010, 17�2Q-020 and F�rR Ccd,,-, Chapter
P
'ITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
March 30, 2000
Lido Village Property Management
Marvin Engineering
3400 Via Oporto, Suite 104
Newport Beach, Ca 92663-6302
Re: Pier Permit CP12434001
Sirs:
The City of Newport Beach Fire and Marine Department has received a request to
transfer pier permit CP12434001 for the Lido Village Marina. The facility was inspected
by the City of Newport Beach Marine Environmental Division, the City's Deputy Fire
Marshal, and the City's Senior Building Inspector. We cannot transfer the pier permit
until the following deficiencies have been corrected and we have been notified of the
corrections.
1. Chapter 17.20.020 Vessel Tie-up Method. Vessels shall be fastened from both
bow and stem. Vessels should not be rafted together.
2. There are several violations to the Uniform Fire Code Chapter 3-1 (a) which prohibits
berthing vessels in locations that prevent other vessels from existing the slip or access
to the open water.
3. The structural deficiencies at the time of this inspection were large cracks in the
cement walkway along the main headwalk.
4. The City Deputy Fire Marshall found several violations with the fire fighting
equipment on the docks. Several fire hose cabinets need to have the glass replaced,
the hose hanger mechanisms replaced. Some of the hoses in the fire cabinets must be
re -hung. There should not be any used or discarded batteries on the dock. Also, there
should not be the storage of propane tanks on the docks.
5. The City Senior Building Inspector found several missing covers to the electrical
the docks. The electrical mountings for the major disconnects to both the vessels
Athena and Electra are rusted and need to be scraped, painted or replaced. The
Overhead light on the wooden docks needs to be wired with "hard wire" and a
switch installed. All non -twist lock extension cords should be removed from use
on the docks (No GFI protection). Some main panel boxes are missing the "dead
front" and need to be replaced. Some of the power distribution pack mounts are
rusted and require maintenance.
When these inspections were being conducted the marina had approximately 97 vessels
berthed in the facility. The City Municipal requires 3/4parking space per berthed vessel.
3300 Newport Boulevard, Newport Beach
The Newport Beach City Council Harbor Permit Policies require that at the time of
transfer, all harbor structures shall be inspected for compliance with the City's minimum
standards, and the conditions of the existing pen -nit. All structural deficiencies must be
corrected prior to transfer of the permit.
Please advise this department when the above deficiencies have been corrected. Call 644-
3043 if you require additional information in regards to this matter or to request a re-
inspection.
Sincerely,
Wes Armand
Fire and Marine Department
Marine Environmental Management Division
PERMIT #
BUYER'S NAME ADDRESS OF FACILITY:
L I In A F-1 tiA I tL G IC 1241-
-w (3 Ll 00 Pik-?,TWV&5 LLC -
TE EpHt
FEE CHECK
MAIWNG ADDRESS TELEPHONE NO.
15C) &,T �.LgAj)v 5LvP- L2e,'S �^ka
IS HEREBY MADE TRANSFER HARBOR PERMIT
APPROVED BY:
DATE
A-1
LW13 LIO
/1104&o1k)
col
pAj�-TNE L
OCHD
If
SELLER'S N S)
BUYER'S ME(S)
ENG
(ABOVE NAMES TO BE
COUNCIL
RE OF SELLER
SIGNAT E B ER
PUBLIC WORKS
F1
DEPT.
ATURE OF SELLER
SIGNATURE OF BUYER
ESCROW
INSPECTTION
SIGNATURE OF JOINT OWNER
APPLICATION APPROVED
(DATE)
CITY HARBOR INSPEZTOR
i SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE
i17 OR THE MUNICIPAL CODE
CITY OF NEWPORT BEACH, CALIF. WX FORm 66-1013 REV.
P
Z
<
0
CITY OF NEWPORT BEACH
RO. BOX 1768, NEWPORT BEACH, CA 92658-8915
/W Frog
March 30, 2000
Lido Village Property Management
Marvin Engineering
3400 Via Oporto, Suite 104
Newport Beach, Ca 92663-6302
Re: Pier Permit CP12434001
Sirs:
The City of Newport Beach Fire and Marine Department has received a request to
transfer pier permit CP12434001 for the Lido Village Marina. The facility was inspected
by the City of Newport Beach Marine Environmental Division, the City's Deputy Fire
Marshal, and the City's Senior Building Inspector. We cannot transfer the pier permit
until the following deficiencies have been corrected and we have been notified of the
corrections. P
1. Chapter 17.20.020 Vessel Tie-up Method. Vessels shall be fastened from both
bow and stem. Vessels should not be rafted together.
2. There are several violations to the Uniform Fire Code Chapter 3-1 (a) which prohibits
berthing vessels in locations that prevent other vessels from existing the slip or access
to the open water.
The structural deficiencies at the time of this inspection were large cracks in the
cement walkway along the main headwalk.
4. The City Deputy Fire Marshall found several violations with the fire fighting
equipment on the docks. Several fire hose cabinets need to have the glass replaced,
the hose hanger mechanisms replaced. Some of the hoses in the fire cabinets must be
re -hung. There should not be any used or discarded batteries on the dock. Also, there
should not be the storage of propane tanks on the docks.
5. The City Senior Building Inspector found several missing covers to the electrical
the docks. The electrical mountings for the major disconnects to both the vessels
Athena and Electra are rusted and need to be scraped, painted or replaced. The
Overhead light on the wooden docks needs to be wired with "hard wire" and a
switch installed. All non -twist lock extension cords should be removed from use
on the docks (No GFI protection). Some main panel boxes are missing the "dead
front" and need to be replaced. Some of the power distribution pack mounts are
rusted and require maintenance.
When these inspections were being conducted the marina had approximately 97 vessels
berthed in the facility. The City Municipal requires '/4parking space per berthed vessel.
3300 Newport Boulevard, Newport Beach
The Newport Beach City Council Harbor Permit Policies require that at the time of
transfer, all harbor structures shall be inspected for compliance with the City's minimum
standards, and the conditions of the existing permit. All structural deficiencies must be
corrected prior to transfer of the permit.
Please advise this department when the above deficiencies have been corrected. Call 644-
3043 if you require additional information in regards to this matter or to request a re-
inspection.
Sincerely,
O'A
Wes Armand
Fire and Marine Department
Marine Environmental Management Division
T
gi"'i
g
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
Dill",
TRANSFER OF PIER PERMIT: INSTRUCTIONS
Submit application on card provided by the Marine Environmental Division.
DO NOT REMOVE CARBONS OR ADDITIOAAL SA-E-��-C—AIUPT
SETS.
Complete the following information on the card:
A. Name of NEW owner (buyer).
B . Address of facility.
C. Mailing address of new owner.
D . Telephone number of new owner.
The Marine Department will fill in the, permit number and other
pertinent information.
E. Please type or print: SELLER'S NAME(S); BUYER'S NAME(S)
F. We must have the SIGNATURE OF SELLER AND SIGNATURE
OF BUYER.
If the facility is jointly owned, the signature of the joint owner is
also requi
Note transfer f , e of $326.00.
After the card has been completed, returned to the Marine Environmental
Department, the fee paid and the facility has been inspected and found to have
met the City safety requirements, the pier permit will be transferred.
Newport Beach Harbor Permit Policies 10.B states: "Whenever a permittee sells
the abutting upland property, a request shall be made to the City to transfer the
permit. Forms for this purpose may be obtained from the Marine Division.
Failure to a-p-plv for a transfer within 30 days from the date that the abuttin.-
woland vrovertv chanLyed ownershi-o will result in an additional fee bv the
City."
DISPLAY BUSINESS RECORDS: DISPLAY EXIT
DISPLAY BUSINESS RECORDS
---------------------------------------------------------------------
03/28/00
BUSINESS
NUMBER
CP12433361
TOTAL DUE
0.00
BUSINESS
NAME
LIDO INVESTMENT
-C/O D LARSON
SERVICE
ADDRESS
3336 VIA
LIDO
APT
F
ZIP
BILLING
ADDRESS
3400 VIA
OPORTO
#104
CYCLE A
TAX Y
PENALTY N
PROPERTY
ID
NEWPORT
BEACH,
CA
UNAPPLIED
CREDIT
0.00
92663
EXPIRES
02/03/2000
SERVICE
TITLE
BILL REF
DATE
BILLED
PAID
DATE PAID
CPIER
2000-02
02/03/00
2800.00
2800.00
03/01/00
CPIER
1999-02
02/09/99
2800.00
2800.00
03/10/99
CPIER
1998-02
02/03/98
2800.00
2800.00
03/04/98
CPIER
1997-02
02/05/97
2800.00
2800.00
03/07/97
CPIER
1996-02
02/01/96
2800.00
2800.00
03/29/96
PRESS ESCAPE
FOR NEXT
SCREEN
BUYER'S NA�,` ADDPHS Of FACIL IT Y PERMI I
1_�. ?�, L_,N V 0
K -C o ----D- iWvV%_ F-__
MAII-ING �,DDRVSS Fii: E NO
kQ,- m -, 11 NO, j DATE
------ x6o ou
APPROVED BY: BAT E APPLICATION IS HEREBY MADE,. 10 1 RANSF ER I IARBOR PERM - IT - J-
OCHD TONY SHAW AMIN ETEBAR
- ----------
F. N c, Sf_,LLrR'S NAME(S) BUYER'S NAME(S)
NANIFS -1
COUNCIL BE Yp IT
-F,
'OF-- F__ U
is SEL
Pulli-Ic worms F IGN*Al UR' -
DEPT,
Esct�ow
SIGNAl_BRf--.S)F_SEI_L,r
SIGNATURE OF BUYER
NspLolION
'TURE OF:
TURE OF: 0 T OWNER
A F A-1 10
PROVE—, (DArE)
-------- — ------ IT INS EcfoR -------- -
SPECIAL (__,.'ONI)FfION�--,. IS RLVOCAM-L ElY _IJIE CITY (,'O(JNCIL- IN ACCORDANCE WITH TIFILE
17 OR THE MLINICIPAL CODE
CI] Y OF NEWPORT BEACH, CALIF WX Form 66 10 13 R,,
7,4;1 X
ed
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD.
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
TIDELANDS - COMMERCIAL PIER PERMIT STMT
HIROTA, EIICHI
2 CORPORATE PLZ #100
NEWPORT BEACH, CA 92660-7929
LOCATION OF PIER: 3336 VIA LIDO
10,000�00 FT X .27 - BILLED 02/07/95
PAST DUE PENALTY
INVOICE 199S -Oe BALANCE DUE
TOTAL AMOUNT DUE:
COML PIER NBR: CPIe433361
RUN DATE: 11/10/9s
$2,700.00
1,350.00
$4,050.00
$4,OSO.00
J1114
4Y
DIRECT ALL BILLING INQUIRIES TO THE FINANCE DEPT AT (714)644-3iEl AND ALL
OTHER INQUIREIES TO THE MARINE DEPT AT (714) 644-3044. PENALITIES WILL BE
ASSESSED AT 2S% OF FEE FOR EACH MONTH DELINQUENT, UP TO AND INCLUDING 100%,
IN ACCORDANCE WITH NEWPORT BEACH MUNICIPAL RESOLUTION #87S3.
Please detach and return the lower portion of this invoice with your payment
............................... ......... I .............. ..........
COML PIER PERMIT DUE DATE 12/01/9s
HIROTA, EIICHI
2 CORPORATE PLZ #100
NEWPORT BEACH, CA 92660-79eg
COML PIER NBR: CP12433361
TOTAL AMOUNT DUE: $4,OSO.00
MS CP12433361 405000
a2/03/!
498339588 WATTSON BREEVAST D8
Mr. Wes Armand
Fire and Marine Department
3300 Newport Boulevard
Newport Beach, CA 92663
W ^-r ir S 40 M
UnOMNr^WIr
RE: Harbor Department - Pier Permit
Lido MarLaa Village, Newport Beach., CA
DearAles:
PAGE 02
/ 14?41 - :71 1(- C-6
We are in escrow on Lido Marina Village and are la the process of finalizing thepurchase. We
inteiid to complete the transaction within the next 2 weeks and need to apply for a traDsfer of te
pier permit affecting all of the Lido Marina Village (approximately 73 berihs). Please give us
any information you may have that outlines the transfer procedure including the need for any
inspections prior to the close of escrow, We would appreciate obtaining all information you may
have relative to the current status of the permit and if it is in good -standing and currently
elective. Additionally, we need to know if there are any issues with respect to notices or
violations that may have been issued and are outstanding- As time is of the essence for us, please
have any information made available by Friday, February 4, 2000. Please let us know what
additional information you need from us to eff�ct the transfer of the permit.
Very trul, yours,
Dwight Belden
Acquisitions
3600 Birch St., Suite 250 - Newport Beach, CA - 92660 - M93S7.7776 - fax 949.757.7788
loo
P�-V- I M�
e�� �Wfl 1�1� —
IZZM
1911, Annual
EANIMV
411
1 HAJZ on DAY
10
Saturday, May 1, 1999
8:30am to 1:00pm * The Cannery Restaurant
COW Lafq7ette Ave., Newport 27each)
It's time to give bcLck to the hcLrbor thcLt
""After Clean Up Party."' begins
gives us so much! loin volunteers of cL11 ages
at 10:30 am at The Cannery
from loccLl businesses, schools cLnd the
residenticLI community tcLking to the water
0 Barbecue!
cLnd shore, cleaning up the debris
restoring our becLutiful Newport Harbor.
I Prize Drawings!
After getting your hands dirty for a good
I ccLuse, join the fun cLt The Cannery
0 Educational Booths'.
IZestcLurcLnt. Invite your family, friends or co-
I Entertainment!
workers cLnd come out for Me= 11cLrbor I)cLy!
We need volunteers and boats...
Gold Sponsor
Use the form below or call the Chamber at (949) 729-4400. Beacon Bay Auto Washes
--------------------------------------------
An eVent OT the El I (We) will volunteer at the event to help clean the harbor.
Newport Haftr Are El I will bring my boat to the event. It can accommodate volunteers.
Chamber of Comm
Name(s) Phone
'I. �Ii �Ic'
NO%
AIA
CLEAN
HARBOR
DAY 414'
0
k-1 ri
Address -
Fax
Volunteers and boats should be at The Cannery Restaurant by
8:30 am for instructions. Any questions? Please call (949) 729-4400.
— .................................................
U I want to be a "Harbor Hugger," helping support the 1999 Clean Harbor Day effort.
Enclosed is my contribution for this important community event.
I am enclosing: 71 $25 0 $50 71$75 L71 $100 71 Other $
L) Check Enclosed L) Mastercard 13 Visa U Amex
Amt. $ Card # Exp. Date
Please mail or FAX to: Name on Card Signature
Newport Beach Chamber of Commerce
1470 Jamboree Rd., Newport Beach, CA 92660 - (949) 729-4400 - FAX (949) 729-4417 * Wail: Info@NewportBeach.com
-7
bo'z LOW -
Jerry King
PSOMAS
3187 Red Hill Avenue, Suite 250
Costa Mesa, Ca 92626
Re: Lido Village Marina
Dear Jerry:
Thank you for taking the time to accompany me on the walk through at the
Lido Village Marina. It is much better to do this on site rather via a letter.
We discussed marina -berthing requirements and viewed existing violations
within the Marina. There were several vessels berthed in locations that
prevented others vessels from exiting the slip and access to the harbor. This is
a violation to the Uniform Fire Code Chapter 3-1 (a)"Berthing and Storage
Facilities". Several vessel rafted in violation to the City of Newport Beach
Municipal Code 17.20.020 "Vessel Tie-up Method" and Section 17.20. 0 10
"Docking Permission Required". Also one vessel berthed blocking �he Public
Pumpout Station in violatio n* to City M.C. Section 17.30.020. "Purapout
Facility Required". In addition we saw some structural deficiencies that require
repairs.
Regarding the berthing violations, the problem stated above could be
corrected if the marina management would bring the number of vessels down
to the fifth -five (5 5) slips and eighteen (18) side ties authorized in the Harbor
Pen -nit for this facility.
Please advise the escrow company handling the sale of the property that the
harbor pen -nit must be transferred into the name of the new property owner.
This is usually. handled during escrow since the buyer wants to know all the
corrections that must be made prior to the transfer of the permit.
Sincerely,
Wes Armand
Fire and Marine Department
Cc: Tony Melum
BERTHING AND STORAGE FACILITIES
(el =_ 303-7
Protection equipment.
2-3.3 Transmiss* of Fire Alarm. The. alarm shall be
ion
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 o . r
Public, shall not be obstructed. Fencing shall be arranged
ermit prompt access. to fire. fighting
to P forces and ap-
paratus in an emergency.
Chapter 3 Berthing and Storage Facilities
'4-1 Design. . Due to the many
various corifigurati'ns o
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
tures: following fea-
(a) Each mooring 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 moving
another- boat.
(b) Mooring and wharfage areas shall be ai7ian . ged 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 pe
municipal or 'other fire fighting equipment to be locarrtendt
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 to all berthing piers and
floats. They shall be protected from freezing whereneces-
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 electricallighting 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 installt�� *
Chapter 5 of this standard. in accordance. with
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 709-16, Natignal
Electrical CodeO, and protected fro h
in t e'WeA.th,er shall
be installed at the outboard end and t e shor" "end of
each pier.
3-2 Dry Storage of Boats.
2-1 In addit'
'On to compliance with other sections of
-Iis standard, dry storage areas require additional pro-
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 ou . t
on board a vessel in an unsprinklered storage building, an
approved fireAetection device shall be maintained within
the vessel for the duration of repairs; and the vessel shall
be induded on the watch person's regular rounds.
3-2.3 Suitable lockers. or facilities shall be provided for
boa' 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 suff'icient 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: I
(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 th e lead -add. 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 1 percent of the rated amperage of the charger;
(iv) There is no connection on the load side of the
f
.circuit protection device rom 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 gTounds the charger enclosure.
BERTHING AND STORAGE FACILITIFS
(_� r, 303-7
re protection equipment.
2-3.3 Transmission of Fire Alarm. The, alarm' 'hall 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 Drotection equipment, either private o . r
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 S . torage Facilities
3-1 Design. Due to the many various configurations o . f
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 mooring or wharfage berth shall be arrange . d,
so that a boar occupying the berth can be readily �re-
moved in an emergency without the necessity of moving
another boat..
(b) Mooring and wharfage areas shall be arian . ged to
permit bo aits 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 firefighting shall be
permanently installed accessible to all berthing piers and
floats. They shall be protected from freezing whereneces-
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 electricallighting system shall be provided to
assure adequate illumination 'of all exterior shore areas,
Piers, and/or floats. The wiring, fixtures, and fittings
d in accordance with
shall be provided and install.�
Chapter 5 of this standard.
(f) If an auxiliary power supp!y, 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
EleCt7ical CddeO, and protected from shall
be installed at the outboard end and the shor"e"' end of
each pier.
3-2 Dry Storage of Boats.
�-I In addition to compliance wi th other sections of
�s standard, dry storage areas require additional pro-
tection due to the greater degree of congestion and the
decreased inspection frequency of each vessel.
3-2.2 Separa tion 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 iiecessary 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, tl�e
follow!"19 precautions shall be taken in -addition to nor-
mal 'winter IaY-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 th e 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-
ien*es for storage and recharging, they may be permitted
to remain on board pro�ided:
(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 I 10 to 125
volts single phase, with a control switch and approved cir-
cuit protection device arranged to trip at riot 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 Elect7ical
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.
BERTHING AND STORAGE FACILITIES
t.� V, 303-7
re Protection equipment.
2-3.3 Transini *
ssion of Fire Alarm. The alarms'fiall be
transmitted to he fire department immediately upon
discovery of any tfire. 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 o I r
public, shall not� be obstructeA. Fencing shall be arranzed
to permit prompt access. to fire -fighting forces and �p-
paratus in an emergency.
Chapter 3. Berthing and Storage Facilities
3-1 Design. Due to the many various configurations o . f
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) Each mooring. or wharfage berth shallbe arrange . d.
so - that a boat- occupying the berth can be -readily re-
moved in an emergency without the necessity of moving
another- boat..
(b) Mooring and wharfage areas shall be arian . ged to
permit bo aits to enter or leave their berths with * . .
mum. amount of maneuvering. a mim-
(c) Access from land to Diers and flo . ats shall permit
municipal or 'Other fire fighLng
eq,uipment 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 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 electricalligh'ting system shall be provided to
assure adequate illumination O'f'4 exterior shore areas,
piers, and/or floats. The wiring, fixtures, and fittijigs
shall be provided and installed in accordance with
Chapter 5 of this standard.
(f) If an auxiliary . er su ly, arranged to provide
k
lighting for pier and Pdoowc areapspis not provided, an ap-
proved battery -powered emergency. lighting fixture con-
forming to the requirements of Section: 70.0-J.,6., National
Electrical CodeO, and protected fro the'wetither shall
be installed at the outboard end an'd the sh�'reend of
each pier.
3-2 Dry Storage of Boats.
.2.1 In addition to compliance with
,nis standar Other sections of
,d dry storage areas require additional pro-
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 o
on board a vessel in an unsprinkltred storage building, aunt
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-Z.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
fbllow�*ng 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-
ieries 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).*Ari approved type battery charger is p
ermanent-
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.
Chapter 17.20
1AJ(_±LLNt_T AND MU(JKAGE-
Sections:
17.20.010
Docking Permission Required.
17.20.020
Vessel Tie-up Method.
17.20.030
Direct Fueling Prohibited.
17.20.040
Gangway Required—Lights.
17.20.05,0
Dockside Steam Engine Spark
Prevention.
. Pe=aed aw.2s for smaU venel nworage—See Chapter 17.40. __
17.20.010 Docking Permission Required.
A. No person having.charge of any vessel shall
make the same.fast to- any pier in Newport Harbor,
or permit the same to remain at such location after
finishing loading or unloading such vessel,. without
the consent of the owner, agent, or person in charge
of any such pier.
B. No person shall make fast any vessel to any
other vessel already. occupying. any pier, either pub-
lic or private, without first obtaining permission Of
the City. Mafiager,. except that at the Rhine Vilimf
Park the Harbor. Master shall have the authority to
authorize this activity under either of the following
conditions: (1) A commercial fishing vessel is load-
ing, or unloading, and no other mooring or berthing
spare is available in the harbor for this purpose; or
(2) a vessel is taking refuge -from inclement weather -
and no other mooring or berthing space is available
in. the harbor for this purpose. In no event shall
more than one vessel be. made fast to the dockside
vessel and no other vessel shall be made fast to the
outboard vessel. Both vessels shall have operators
aboard at ail times.
C_ No person holding a permit issued under the
terms of Chapter 17.24 of this Code or having care,
custody, control or use of any pier in Newport Har-
bor shall pern-iit or allow a vessel to be made fast
to any other vessel which is occupying any pier over
which said person or permit holder has control,
except as provided in the exceptions found in para -
a aph (B) above. (Ord. 1776 § 1, 1978; Ord. 1722
gr
17.20.010
§ 1, 1977: Ord. 1577 § 1, 1974: Ord. 1090, 1964:
1949 Code § 10300)
17.20.020 Vessel Tie-up Method.
Every vessel lying at any pier in Newport Harbor
shall be fastened thereto with such lines, at least
from both bow and stem, and in such a manner as
to assure the security of such vessel- No permit
holder, holding a permit issued under the provisions
of Chapter - 17.24 of this Code shall permit or allow
any vessel lying at any pier under the control of the
permit holder to be fastened in a manner other than
is required by this section. (Ord. 1722 §. 2, 1.977:
Ord. 1.090. (part), 1964: 1949 Code § 10301)
17.20.030 Director Fueling Prohibited. - -
No person shall fuel any vessel with any petro-
leum product directly from a t�nk wagon or track.
(Ord. 1090 (part), 1964: 1949 Code - § 10303) -
.17.20.040 Gangway Required—Lights.
Every vessel used for'hire while loading -or un-
loading passengers or crew from a pier,or from
another vessel shall be,pmvided -with a gangway
with manropes or railings, and from - sunset -until
sunrise any such gangway shall be lighted adequate-
ly to provide visibility as long as such gangway.is
or may be used. (OrcL 1090 (part), 1964: 1949 Code
§ 10304)
.17.20.050 Dockside Steam Engine Spark'
Prevention.
No -person shall use any, donkey engine or other
steam. engine on any pier or vessel within Newport
Harbor in loading or unloading vessels or otherwise
without a bonnet or spark arrester attached to the
smokestack of such engine so as to prevent sparks
-from- coming into contact with the pier or vessel.
(Ord- 1090 (part), 1964: 1949 Code § 10305)
Permitted areas for small vessel inoorage—See Chapter 17.40.
,1710.010 Docking Permission Required.
A. No person having.charge of any vessel shall
make the same fast to any pier in Newport Harbor,
or permit the same to remain at such location after
finishing loading or unloading such vessel,. without
the consent of the owner� agent, or person in charge
of any such pier.
B. No person shall make fast any vessel to any
other vessel already occupying..any pier, eitherpub-
lic or private, without first obtaining permission of
the City. Mafiager,. except that at the Rhine Wharf
Park the Harbor Master shall have the authority to
authorize this activity under either of the following
conditions: (1) A commercial fishing vessel is load-
ing, or unloading, and no other mooring or berthing
space is available in the harbor for this purpose; or
(2) a vessel is taking reftige.from inclement weather
and no other mooring or berthing space is available.
in. the harbor for this purpose. In no event shall
more than one vessel be made fast to the dockside
vessel and no other vessel shall be made fast to the
outboard vessel. Both vessels shall have operators
aboard at all times.
C� No person holding a permit issued under the
terms of Chapter 17.24 of this Code or having care,
custody, control or use of any pier in Newport Har-
bor shall permit or allow a vessel to be made fast
to anv other vessel which is occupying any pier over
which said person or permit holder has control,
except as provided in the exceptions found in para-
cl aph (B) above. (Ord. 1776 § 1, 1978; Ord. 1722
gr
17.20.010
1, 1977: Ord. 1577 § 1, 1974: Ord. 1090, 1964:
1949 Code § 10300)
17.20.020 Vessel Tie-up Method.
Every vessel lying at any pier in Newport Harbor
shall be fastened thereto with such lines, at least
from both bow and stem and in such a manner as
to assure the security of such vessel. No permit
holder, holding a permit issued under the provisions
of Chapter - 17.24 of this Code shall permit or allow
any vessel lying at any pier under the control of the
permit holder to be fastened in a manner other than
is required by this section. (Ord. 1722 §. 2, 1.977:
Ord. 1.090. (part), 1964: 1949 Code § 10301)
17.20.030 Dirwtor Fueling Prohibited. -
No person shall fuel any vessel with any petro-
leum product directly from a tank wagon or truck.
(Ord. 1090 (part), 1964:1949 Code § .10303) , -
.17-20-040 Gangway Requhred--Ught&
Every vessel used for -hire while loading -or un-
loading passengers or - crew from a pier or from
another vessel shall be.provided with a. gangway
with manropes or railings, and from- sunset. -until.
sunrise any such gangway shall be lighted adequate-
ly to provide visibility as long as such gangway. is
or may be used. (Ord. 1090 (part).,. 1964: 1949 Code
§ 10304)
.17-20.050 Dockside Steam Engine Spark
Prevention.
No -person shall use any -donkey engine or other
steam engine on any pier or vessel within Newport
Harbor in loading or unloading vessels or otherwise
without a bonnet or spark arrester attached to the
smokestack of such engine so as to prevent sparks
from. coming into contact with the pier or vessel.
(Ord. 1090 (part), 1964: 1949 Code § 10305)
Chapter 17.20
DOCKING AND MOORAGE*
Sections:
17.20.010
Docking Permission Required.
17.20.020
Vessel Tie-up Method.
17.20.030
Direct Fueling Prohibited.
17.20.040
Gangway Required—Lights.
17.20.050
Dockside Steam Engine Spark
Prevention.
Permitted areas for small vessel inoorage—See Chapter 17.40.
,1710.010 Docking Permission Required.
A. No person having.charge of any vessel shall
make the same fast to any pier in Newport Harbor,
or permit the same to remain at such location after
finishing loading or unloading such vessel,. without
the consent of the owner� agent, or person in charge
of any such pier.
B. No person shall make fast any vessel to any
other vessel already occupying..any pier, eitherpub-
lic or private, without first obtaining permission of
the City. Mafiager,. except that at the Rhine Wharf
Park the Harbor Master shall have the authority to
authorize this activity under either of the following
conditions: (1) A commercial fishing vessel is load-
ing, or unloading, and no other mooring or berthing
space is available in the harbor for this purpose; or
(2) a vessel is taking reftige.from inclement weather
and no other mooring or berthing space is available.
in. the harbor for this purpose. In no event shall
more than one vessel be made fast to the dockside
vessel and no other vessel shall be made fast to the
outboard vessel. Both vessels shall have operators
aboard at all times.
C� No person holding a permit issued under the
terms of Chapter 17.24 of this Code or having care,
custody, control or use of any pier in Newport Har-
bor shall permit or allow a vessel to be made fast
to anv other vessel which is occupying any pier over
which said person or permit holder has control,
except as provided in the exceptions found in para-
cl aph (B) above. (Ord. 1776 § 1, 1978; Ord. 1722
gr
17.20.010
1, 1977: Ord. 1577 § 1, 1974: Ord. 1090, 1964:
1949 Code § 10300)
17.20.020 Vessel Tie-up Method.
Every vessel lying at any pier in Newport Harbor
shall be fastened thereto with such lines, at least
from both bow and stem and in such a manner as
to assure the security of such vessel. No permit
holder, holding a permit issued under the provisions
of Chapter - 17.24 of this Code shall permit or allow
any vessel lying at any pier under the control of the
permit holder to be fastened in a manner other than
is required by this section. (Ord. 1722 §. 2, 1.977:
Ord. 1.090. (part), 1964: 1949 Code § 10301)
17.20.030 Dirwtor Fueling Prohibited. -
No person shall fuel any vessel with any petro-
leum product directly from a tank wagon or truck.
(Ord. 1090 (part), 1964:1949 Code § .10303) , -
.17-20-040 Gangway Requhred--Ught&
Every vessel used for -hire while loading -or un-
loading passengers or - crew from a pier or from
another vessel shall be.provided with a. gangway
with manropes or railings, and from- sunset. -until.
sunrise any such gangway shall be lighted adequate-
ly to provide visibility as long as such gangway. is
or may be used. (Ord. 1090 (part).,. 1964: 1949 Code
§ 10304)
.17-20.050 Dockside Steam Engine Spark
Prevention.
No -person shall use any -donkey engine or other
steam engine on any pier or vessel within Newport
Harbor in loading or unloading vessels or otherwise
without a bonnet or spark arrester attached to the
smokestack of such engine so as to prevent sparks
from. coming into contact with the pier or vessel.
(Ord. 1090 (part), 1964: 1949 Code § 10305)
DOCKING AND MOORAGE*
Sections:
17.20.010 Docking Permission Required.
17.20.020 Vessel Tie-up Method.
17.20.030 Direct Fueling Prohibited.
17.20.040 Gangway Required—Lights.
17.20.05,0 Dockside Steam Engine Spark
Prevention.
Permitred arms for small vessel moorage—see Chapw 17.40.
.17-20.010 Docking Permission Required.
A. No person having.charge of any vessel shall
make the same fast to any pier in Newport Harbor,
or permit the same to remain at such location after
finishing loading or unloading such vessel,. without
the consent of the owner, agent, or person in charge
of any such pier.
B. No person shall. make fast any vessel to any
.other vessel already, occupying, any pier, either,pub-
I.ic or private, without first obtaining permission of
the City. Maiiager,. except that at the Rhine Wharf
Park the Harbor Master shall have the authority to
authorize tins activity under either of the following
conditions: (1) A commercial fishing vessel is load-
ing, or unloading, and no other mooring or berthing
space is available in the harbor for this purpose; or
(2) a vessel is taking refuge frorn inclement weather
and no other mooring or berthing space is available
in the harbor for this purpose. In no event shall
more than one vessel be, made fast to the dockside
vessel and no other vessel shall be made fast to the
outboard vessel. Both vessels shall have operators
aboard at all times.
C_ No person holding a permit issued under the
terms of Chapter 17.24 of this Code or having care,
custodv, control or use of any pier in Newport Har-
bor shall permit or allow a vessel to be made fast
to any other vessel which is occupying any pier over
which said person or permit holder has control,
except as provided in the exceptions found in para -
g aph (B) above. (Ord. 1776 § 1, 1978; Ord. 1722
gr
17.20.010
§ 1, 1977: Ord. 1577 § 1, 1974: Ord. 1090, 1964:
1949 Code § 10300)
17.20.020 Vessel Tie-up Method.
Every vessel lying at any pier in Newport Harbor
shall be fastened thereto with such lines, at least
from both bow and stem, and in such a manner as
to assure the security of such vessel. No permit
holder, holding a permit issued under the provisions
of Chapter - 17.24 of this Code shall permit or allow
any vessel lying at any pier under the control of the
permit holder to be fastened in a manner other than
is required by this section. (Ord. 1722 §. 2, 1.977:
Ord. 1.090. (part), 1964: 1949 Code § 10301)
17.20.030 Director Fueling Prohibited. -
No person shall fuel any vessel with any petro-
leurn product directly from a t�nk wagon or truck.
(Ord. 1090 (part), 1964: 1949 Code § .10303)
17-20.W Gangway Required—Ughts.
Every vessel used for'hire while loading -or un-
loading passengers or - crew from a pier or from
another vessel shall be.provided with a * gangway
with manropes or railings, and from - sunset. �until
sunrise any such gangway shall be lighted adequate-
ly to provide visibility as long- as such gangway. is
or may be used. (Ord. 1090 (part),. 1964: 1949 Code
§ 10304)
.17.20.050 Dockside Steam Engine Spark
Prevention.
No person shall use any. donkey engine or other
steam engine on any pier or vessel within Newport
Harbor in loading or unloading vessels or otherwise
without a bonnet or spark arrester attached to the
smokestack of such engine so as to prevent sparks
from- coming into contact with the pier or vessel.
(Ord. 1090 (part), 1964: 1949 Code § 10305)
CITY OF'.NEWPORT BERCH
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APPLICATION
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CITY OF NEWPORT BEACH
BUILDING & PLANNING DEPARTMENTS
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PERMIT NO. rn,?007, - oo��
TYPE OF CONSTRUCTION PLAN CHECK NO.
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CLASS CODE
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
July 30,2002
Marvin Engineering Co.
3400 Via Oporto, Suite 104
Newport Beach, CA 92663
Re: pier permit CP 1243 3 3 61 for 3 3 3 6 Via Oporto
Dear Sirs:
This is notice that the property owner at 3336 Via Oporto has applied for a permit to
revise the pier and dock bayward from his property. The City of Newport Beach Harbor
Resources Division has given him an Approval In Concept for the proposed work. This
application will require approval of both the Army Corps & the California Coastal
Commission. If this application is approved by the above-mentioned agencies and the
City approves the plans, a permit will be issued for the work.
If there is a permit issued for this revision, the Public Pumpout Station that is required for
your marina will have to be installed elsewhere within the Lido Village Marina. The
location for the pump will have to be reviewed and approved by the City and the work to
install the. pump must be done under a Harbor Construction Permit issued by the Building
Department.
If you require additional information in regards to this matter, please contact either Wes
Armand or Tony Melum at 949-644-3034.
Sincerely,
V
Wes Armand
Harbor Inspector
Harbor Resources Division
Cc: Robin Clauson, Assistant City Attorney
3300 Newport Boulevard, Newport Beach
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JOB O -P-- S 3 3 -3 t. rL �d AT
STATEOFCA121FORNIA THE RESOURCES AGENCY GRAY DWS, Governor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA
PO Box 1450
200 Oceangate, 10th Floor
LONG BEACH, CA 90802-4416
(562) 590-5071
Date: April 14, 2003
Permit No. 5-02-273
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number
which was sent to you on March 19, 2003 and was reported to the
Commission on Tuesday, April 8, 2003 is now fully effective.
Development of your project is subject to compliance with all terms and conditions
specified in the Administrative Permit.
Should you have any questions please contact our office.
Sincerely,
PETER M. DOUGLAS
Sk@qufive Di ctor
By: FE��EJJ. SY
Coaste(l ��gram Analyst
tW CALIFORNIA COASTAL COMMISSION
STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Permit Application No. 5-02-273
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302 Date: March 20, 2003
(562) 590-5071 Page 1 of 6
TU 3a
ADMINISTRATIVE PERMIT
APPLICANT: ETCO Development, Attn: Afshin Etebar
PROJECT
DESCRIPTION: Demolition of an existing dock facility and construction of a new dock facility.
Twelve (12) existing 12" piles will be removed and eight (8) 18" octagonal piles
will be installed as part of the dock reconstruction.
PROJECT
LOCATION: 3336 Via Lido, Newport Beach (Orange County)
EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any
special conditions, appear on subsequent pages. ,
NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is
reported to the Commission at its next meeting. If one-third or more of the appointed
membership of the Commission so request, the application will be removed from the
administrative calendar and set for public hearing at a subsequent Commission meeting. Our
office will notify you if such removal occurs.
This permit will be reported to the Commission at the following time and place:
Tuesday, April 8, 2003
10:00 am
Radisson Santa Barbara
1111 East Cabrillo Boulevard
Santa Barbara, CA 93103
IMPORTANT - Before you may proceed with development, the following must occur:
Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate
copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return
it to our office. Following the Commission's meeting, and once we have received the signed
acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of
Administrative Permit Effectiveness.
BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU
MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT
EFFECTIVENESS FROM THIS OFFICE.
PETER DOUGLAS
Executive Director
By: Fernie J. Sy
Title: -Coastal Program Analyst
5-02-273-(ETCO)
Administrative Permit
Page 2 of 6
STANDARD CONDITIONS:
Notice of Receipt and Acknowledgment. The permit is not valid and development shall not
commence until a copy of the permit, signed by the permittee or authorized agent,
acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to
the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years from the date
this permit is reported to the Commission. Development shall be pursued in a diligent manner
and completed in a reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved
by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee files with
the Commission an affidavit accepting all terms and ponditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and
it is the intention of the Commission and the permittee to bind all future owners and possessors
of the subject property to the terms and conditions.
SPECIAL CONDITIONS: See pages four to six.
EXECUTIVE DIRECTOR'S DETERMINATION (continued):
The Executive Director hereby determines that the proposed development is a category of
development which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director
through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as
attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976
and will not have any significant impacts on the environment within the meaning of the California
Environmental Quality Act. If located between the nearest public road and the sea, this development is
in conformity with the public access and public recreation policies of Chapter 3.
FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION:
A. Proaect Description
The proposed project (Exhibit #3) involves demolishing an existing dock facility; removing twelve (12)
existing 12" piles; moving two (2) 3' x 24' gangways; installing two (2) 8' x 87' fingers; a 10' x 110'
backwalk; two (2) 4' x 5' gangway landings; eight (8) 18" octagonal piles and a 6' x 39'walkway. The
new boating facility will provide four (4) berthing slips for four (4) single-family residences. The floating
dock system will only be used for boating related purposes.
The subject site is located at 3336 Via Lido in the City of Newport Beach (Exhibits #1 -2). The dock
project is for boating related purposes and is associated with four single-family homes. The site has
been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and no eelgrass
was discovered within 15 feet of the project area. Coastal public access is available near the site at the
bridge leading into Lido Island, approximately 264 feet southeast of the project site (Exhibits #1-2).
The proposed project has received an approval in concept from the City of Newport Beach Harbor
Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the
5-02-273-(ETCO)
Administrative Permit
Page 3 of 6
proposed project will not adversely impact water quality if standard construction methods and materials
are used. The applicant has applied for a permit from the U.S. Army, Corps of Engineers.
B. Marine Resources
The proposed recreational boat dock development and its associated structures are an allowable and
encouraged marine related use. The project design includes the minimum sized pilings and the
minimum number of pilings necessary for structural stability. The pilings are self -mitigating. There are
no feasible less environmentally damaging alternatives available. As conditioned, the project will not
significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive
aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be
used solely for recreational boating purposes, conforms with Sections 30224 and 30233 of the Coastal
Act.
C. Water Quality
The proposed work will be occurring. on, within, or adjacent to coastal waters. The storage or
placement of construction material, debris, or waste,in a location where it could be discharged into
coastal waters would result in an adverse effect on the marine environment. To reduce the potential for
construction related impacts on water quality, the Commission imposes special conditions requiring,
but not limited to, the appropriate storage and handling of construction equipment and materials to
minimize the potential of pollutants to enter coastal waters. To reduce the potential for
post -construction impacts to water quality the Commission requires the continued use and
maintenance of post construction BMPs. As conditioned, the Commission finds that the development
conforms with Sections 30230 and 32031 of the Coastal Act.
D. LOCAL COASTAL PROGRAM
Coastal Act section 30604(a) states that, prior to certification of a local coastal program ("LCP"), a
coastal development permit can only be issued upon a finding that the proposed development is in
conformitywith Chapter 3 of the Act and that the permitted development will not prejudice the ability of
the local government to prepare an LCP that is in conformity with Chapter 3. The Land Use Plan for
the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated
on January 9 1990. As conditioned, the proposed development is consistent with Chapter 3 of the
Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned,
will not prejudice the ability of the local government to prepare an LCP that is, in conformity with the
provisions of Chapter 3 of the Coastal Act.
E. CALIFORNIA ENVIRONMENTAL QUALITY ACT
As conditioned, there are no feasible alternatives or additional feasible mitigation measures available
that would substantially lessen any significant adverse effect that the activity may have on the
environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the
identified impacts, is the least environmentally damaging feasible alternative and can be found
consistent with the requirements of the Coastal Act to conform to CEQA.
5-02-273-(ETCO)
Administrative Permit
Page 4 of 6
SPECIAL CONDITIONS:
1 Water Quality
A. Construction Responsibilities and Debris Removal
(1) No construction materials, equipment, debris, or waste will be placed or stored
where it may be subject to wave, wind, or rain erosion and dispersion.
(2) Any and all construction material will be removed from the site within 10 days of
completion of construction.
(3) Machinery or construction materials not essential for project improvements will
not be allowed at any time in the intertidal zone.
(4) If turbid conditions are generated during construction a silt curtain will be utilized
to control turbidity.
(5) Floating booms -will be used to contain debris discharged into coastal waters
and any debris discharged will be removed as soon as possible but no later
than the end of each day.
(6) Non -buoyant debris discharged into coastal waters will be recovered by divers
as soon as possible after loss.
B. Best Management Practices Program
By acceptance of this permit the applicant agrees that the long-term water -borne berthing of
boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water
quality pursuant to the implementation of the following BMPs.
(1) Boat Cleaning and Maintenance Measures:
a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of
soaps, paints, and debris.
In -the -water hull scraping or any process that occurs under water that results in
the removal of paint from boat hulls shall be prohibited. Only detergents and
cleaning components that are designated by the manufacturer as phosphate -
free and biodegradable shall be used, and the amounts used minimized.
C. The applicant shall minimize the use of detergents and boat cleaning and
maintenance products containing ammonia, sodium hypochlorite, chlorinated
solvents, petroleum distillates or lye.
(2) Solid and Liquid Waste Management Measures:
a. All trash, recyclables, and hazardous wastes or potential water contaminants,
including old gasoline or gasoline with water, absorbent materials, oily rags,
lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will
be disposed of in a proper manner and will not at any time be disposed of in the
water or gutter.
5-02-273-(ETCO)
Administrative Permit
Page 5 of 6
(3) Petroleum Control Management Measures:
a. Oil absorbent materials shall be examined at least once a year and replaced as
necessary. The applicant will recycle the materials, if possible, or dispose of
them in accordance with hazardous waste disposal regulations. The boaters
will regularly inspect and maintain engines, seals, gaskets, lines and hoses in
order to prevent oil and fuel spills. Boaters will use preventive engine
maintenance, oil absorbents, bilge pump -out services, or steam cleaning
services as much as possible to clean oily bilge areas ' Bilges shall be cleaned
and maintained. Detergents will not be used for cleaning. The use of soaps
that can be discharged by bilge pumps is prohibited.
2. Pre -Construction Eelgrass Survey
A. Pre Construction Eelarass Surve A valid pre -construction eelgrass (Zostera
marina) survey shall be completed during the period of active growth of eelgrass
(typically March through October). The pre -construction survey shall be completed
prior to the beginning of construction and shall be valid until the next period of active
growth. The survey.shall be'prepar�d in full compliance with the "Southern California
Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition)
adopted by the National Marine Fisheries Service and shall be prepared in consultation
with the California Department of Fish and Game. The applicant shall submit the
eelgrass survey for the review and approval of the Executive Director within five (5)
business days of completion of each eelgrass survey and in any event no later than
fifteen (15) business days prior to commencement of any development. If the eelgrass
survey identifies any eelgrass within the project area which would be impacted by the
proposed project, the development shall require an amendment to this permit from the
Coastal Commission or a new coastal development permit.
B. Post Construction Eelgrass Surve . If any eelgrass is identified in the project area
by the survey required in subsection A of this condition above, within one month after
the conclusion of construction, the applicant shall survey the project site to determine if
any eelgrass was adversely impacted. The survey shall be prepared in full compliance
with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified
by this special condition) adopted by the National Marine Fisheries Service and shall be
prepared in consultation with the California Department of Fish and Game. The
applicant shall submit the post -construction eelgrass survey for the review and approval
of the Executive Director within thirty (30) days after completion of the survey. If any
eelgrass has been impacted, the applicant shall replace the,impacted eelgrass at a
minimum 1.21 ratio on-site, or at another location, in accordance with the Southern
California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated
at a minimum ratio of 1.21 (mitigation: i m pact). The exceptions to the required 1.21
mitigation ratio found within SCEMP shall not apply. Any off-site mitigation shall require
an amendment to this permit or a new coastal development permit unless the Executive
Director determines that no amendment or new permit is required.
3. Pre -construction Caulerpa Taxifolia Survey
A. Not earlier than 90 days nor later than 30 days prior to commencement or
re -commencement of any development authorized under this coastal development
permit (the "project"), the applicant shall undertake a survey of the project area and a
buffer area at least 10 meters beyond the project area to determine the presence of the
5-02-273-(ETCO)
Administrative Permit
Page 6 of 6
invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the
substrate.
B. The survey protocol shall be prepared in consultation with the Regional Water Quality
Control Board, the California Department of Fish and Game, and the National Marine
Fisheries Service.
C. Within five (5) business days of completion of the survey, the applicant shall submit the
survey:
(1) for the review and approval'of the Executive Director; and
(2), to the Surveillance Subcommittee of the Southern California Caulerpa Action
Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted
through William Paznokas, California Department of Fish & Game '
(858/467-4218) or Robert. Hoffman,., National Marine Fisheries Service
(562/980-4043).
D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not
proceed with the project until 1) the applicant provides evidence to the Executive
Director that all C. taxifolia discovered within the project and buffer area has been
eliminated in a manner that complies with all applicable governmental approval
requirements, including but not limited to those of the California Coastal Act, or 2) the
applicant has revised the project to avoid any contact with C. taxifolia. No revisions to
the project shall occur without a Coastal Commission approved amendment to this
coastal development permit unless the Executive Director determines that no
amendment is legally required.
ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS:
I/We acknowledge that I/we have received a copy of this permit and have accepted its contents
including all conditions.
Applicant's Signature Date of Signing
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STATE OF CALIFORNIA - THE RESOURCES AGENCY
ORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562) 590-5071
Item Wed 29h
GRAY DAVIS, Govemor
Filed: August 22, 2000
49th Day: October 10, 2000
180th Day: February 8, 20 1
Staff: ALKA htp
Staff Report: August 24, 2000
Hearing Date: September 12-15, 2000
Commission Action:
STAFF REPORT: REGULAR CALENDAR RECEIVED BY
PLANNING DEPARTIMENT
C I TY 0 F N E �]V P 0 P. 1' C11--)
APPLICATION NUMBER: 5-00-308 AUG 31 240
APPLICANT: Marvin Engineering Co., Inc. AM P IM
71819 1101 1 -1 �1 I -12J I '-1121 S 3 1 1
AGENT: Shellmaker, Inc., Lisa E. Miller � i
PROJECT LOCATION: 3400 Via Oporto, Newport Beach Orange County
PROJECT DESCRIPTION: Reconfiguration of existing commercial dock to accommodate a new
charter vessel for Electra Cruises.
LOCAL APPROVALS RECEIVED: City of Newport Beach Fire and Marine Department Approval
in Concept, Harbor Permit Number 124-3400; Clearance from the Regional Water Quality
Control Board, and Approval from US Army Corps of Engineers.
SUBSTANTIVE FILE DOCUMENTS: City of Newport Beach Certified Land Use Plan, Newport
Beach Municipal Code Chapter 5.18, City of Newport Beach Harbor Permit Policies, and
Coastal Development Permit Application 5-99-397 (Marvin Engineering Co., Inc.).
SUMMARY OF STAFF RECOMMENDATION:
The major issues of this staff report include fill of coastal waters for boating related purposes,
potential impacts upon marine resources, and public access. Staff recommends approval of the
proposed development subject to two special conditions. Special Condition No. 1 requires
minimization of construction impacts on harbor bottom and intertidal areas, appropriate storage of
construction materials, removal of construction debris, and use of best management practices to
reduce turbidity related impacts. Special Condition No. 2 requires the applicant to maintain 89
parking spaces in the Lido Marina Village parking structure and comply with the marine charter
parking requirements administered by the City of Newport Beach.
5-00-308
(Marvin Engineering Co., Inc.)
Page 2 of 9
1. STAFF RECOMMENDATION, MOTION AND RESOLUTION OF APPROVAL:
Staff recommends that the Commission make the following motion and adopt the following
resolution to APPROVE the permit application with special conditions.
MOTION
move that the Commission approve CDP #5-00-308 pursuant to the staff recommendation.
Staff recommends a YES vote. Passage of this motion will result in adoption of the following
resolution and findings. The motion passes only by affirmative vote of a majority of the
Commissioners present.
RESOLUTION OF APPROVAL WITH CONDITIONS
The Commission hereby GRANTS a permit, subject to the conditions below, for the proposed
development on the grounds that the development will be in conformity with the provisions of
Chapter 3 of the California Coastal Act of 1976, -is located between the nearest public road and the
sea and is in conformity with the public access and public recreation policies of the Coastal Act,
and will not have any significant adverse effects on the environment within the meaning of, the
California Environmental Quality Act.
11. STANDARD CONDITIONS:
Notice of Receipt and Acknowledgment The permit is not valid and development shall not
commence until a copy of the permit, signed by the permittee or authorized agent,
acknowledging receipt of the permit and acceptance of the terms and conditions, is returned
to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years from the
date this permit is reported to the Commission. Development shall be pursued in a diligent
manner and completed in a reasonable period of time. Application for extension of the
permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by
the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee files
with the Commission an affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions'Run with the Land. These terms and conditions shall be perpetual,
and it is the intention of the Commission and the permittee to bind all future owners and
possessors of the subject property to the terms and conditions.
5-00-308
(Marvin Engineering Co., Inc.)
Page 3 of 9
Ill. SPECIAL CONDITIONS
1. CONSTRUCTION RESPONSIBILITIES
The permittee shall comply with the following construction -related requirements:
(a) No construction materials, debris, or waste shall be placed or stored where it may be
.subject to wave erosion and dispersion;
(b) Any and all debris resulting from construction activities shall be removed from the
project site within 24 hours of completion of construction;
(c) Disturbance of the harbor bottom and intertidal areas shall be minimized;
(d) Turbidity shall be minimized through the use of best management practices
including, but not limited to, the use of silt curtains;
(e) No machinery shall be allowed at any time on the beach or intertidal zone;
(f) Any accidental spills of construction equipment fluids shall be immediately contained
on-site and disposed of in an environmentally safe manner as soon as possible;
(g) Any construction materials., oils or liquid chemicals or other waste shall not be stored
where it is subject to wave erosion and dispersion into the harbor waters.
2. PARKING REQUIREMENT
By acceptance of this permit, the applicant acknowledges and agrees to maintain a total of
eighty-nine (89) parking spaces in the Lido Marina Village parking structure for the use
approved by Coastal Development Permit 5-00-308. In addition, the applicant shall comply
with the parking requirements for Marine Charter Permits set forth in Newport Beach
Municipal Code Section 5.18.040 (Exhibit 4).
IV. FINDINGS AND DECLARATIONS:
The Commission hereby finds and declares:
A. PROJECT DESCRIPTION AND LOCATION
The applicant is proposing to modify an existing commercial dock to accommodate a new charter
vessel in the Lido Marina Village area of Newport Harbor (Exhibits 1 and 2). Specifically, the
project involves the demolition of an existing dual "U" -shaped dock with three (3) 45' long by 4'
wide fingers and a 10' by 40' backwalk, and the relocation of its three (3) pilings. The project also
involves the demolition and removal of a 37' long by 4'wide dock and its associated piling. The
applicant proposes to replace and reconfigure the existing boat dock, as described below and
shown in Exhibit 3.
5-00-308
(Marvin Engineering Co., Inc.)
Page 4 of 9
The applicant proposes to construct a new 6'wide by 90' long floating dock with six (6) 18"
prestressed concrete guide piles, two (2) relocated 12" piles and two (2) 5' by 5' knee braces. The
applicant also proposes to construct a 6'wide by 45' long extension to an existing floating dock.
The dock extension will be anchored by three (3) new 18" prestressed concrete guide piles.
Another 5' by 5' knee brace with relocated 12" pile will be installed on a portion of the remaining
dock to the west of the new docks.
The new floats are being constructed to accommodate a, new 61.5, long 250 -passenger yacht,
known as the Newport Princess. This new vessel will replace the Galatea, a 607100 -passenger
yacht. The Newport Princess will be an addition to Electra Cruises fleet of two yachts, the Electra
(87.271 05 -passenger) and the Athena (96.9" long /149 passengers).
I n- order to provide parking for the proposed development (i.e. additional charter boat service), the
applicant intends to continue operating under the requirements of the City of Newport Beach
Municipal Code Chapter 5.18. The City's Municipal Code requires charter operators to provide
proof of adequate off-street parking prior to issuance of a Marine Charter Permit. Parking for each
charter is provided in either the Lido Marina Village parking structure, the Newport Beach City Hall,
and/or through off-site busses/shuttles. (Parking will be described further in Section C of the
current report.)
B. MARINE ENVIRONMENT
1. Fill of Coastal Waters
The proposed project involves the placement of nine (9) new 18" diameter concrete pilings and
three (3) relocated 12" diameter pilings in open coastal waters (i.e. Newport Harbor), for a total of
twelve (12) pilings. These pilings constitute "fill" of open coastal waters as defined in Section
30108.2 of the Coastal Act. Under Section 30233 of the Coastal Act, fill of open coastal waters is
only allowed when several criteria are met: (a) the project must fall within one of the use categories
specified; (b) the proposed project must be the least environmentally damaging feasible alternative;
and (c) feasible mitigation measures to minimize adverse environmental effects must be provided.
Section 30233 of the Coastal Act states, in part:
(a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and
lakes shall be permitted in accordance with other applicable provisions of this
division, where there is no feasible less environmentally damaging alternative, and
where feasible mitigation measures have been provided to minimize adverse
environmental effects, and shall be limited to the following:
(4) In open coastal waters, other than wetlands, including streams, estuaries, and
lakes, new or expanded boating facilities and the placement of structural pilings for
public recreational piers that provide public access and recreational opportunities.
The proposed project meets the first criteria because the proposed development is for a boating
facility. Fill of open coastal waters, such as Newport Harbor, for the construction of a boating
facility is.an allowable use under Section 30233(a)(4) of the Coastal Act. The proposed project
requires twelve (12) pilings. The pilings are necessary to secure the proposed dock floats which
are necessary to support a boating facility.
5-00-308
(Marvin Engineering Co., Inc.)
Page 5 of 9
The applicant has indicated that the floatsvill be used solely for boating purposes. Specifically, the
applicant proposes to use the floats as a staging area and to facilitate the loading and unloading of
passengers and supplies to the boat. The boat will provide charter boat service. This charter
service is for use by the general public. Based on the uses proposed by the applicant, the
Commission finds that the proposed dock floats constitute a boating facility. As a boating facility,
the proposed dock reconfiguration is a use specifically allowed under Section 30233(a)(4) of the
Coastal Act.
In addition to the use -related issue, Section 30233 of the Coastal Act also requires that any project
involving fill of open coastal waters be the least environmentally damaging feasible alternative.
One way to reduce environmental damage to open coastal waters is to minimize the quantity of fill.
In this case, the applicant is proposing to remove one (1) existing pile, reuse three (3) 12" diameter
piles and place nine (9) new 18" diameter piles. The applicant has indicated that the proposed
pilings are the smallest diameter and the minimum quantity necessary to meet current engineering
standards for loads needed to serve the new and existing vessels. Therefore, since the proposed
project minimizes the quantity of fill of coastal waters, the Commission finds that the proposed
project is the least environmentally damaging feasible alternative.
Finally, Section 30233 of the Coastal Act also requires that feasible mitigation measures to
minimize adverse environmental effects must be provided. The proposed project meets this
requirement because the proposed pilings will provide habitat for marine organisms such as
mollusks. This replacement hardscape habitat will mitigate for the loss of hard bottom habitat
resulting from the placement of the pilings.
The proposed project will result in the fill of open coastal waters for a boating facility, which is an ,
allowable use under Section 30233 of the Coastal Act. In addition, the proposed project is the least
environmentally damaging alternative, and does provide feasible mitigation measures. Therefore,
the Commission finds the proposed project is consistent with Section 30233 of the Coastal Act.
2. Marine Organisms and Water Quality
Section 30230 of the Coastal Act states:
Marine resources shall be maintained, enhanced, and where feasible, restored. Special
protection shall be given to areas and species of special biological or economic
significance. Uses of the marine environment shall be carried out in a manner that will
sustain the biological productivity of coastal waters and that will maintain healthy
populations of all species of marine organisms adequate for long-term commercial,
recreational, scientific, and educational purposes.
Section 30231 of the Coastal Act states:
The biological productivity and the quality of coastal waters, streams, wetlands, estuaries,
and lakes appropriate to maintain optimum populations of marine organisms and for the
protection of human health shall be maintained and, where feasible, restored through,
among other means, minimizing adverse effects of waste water discharges and
entrainment, controlling runoff, preventing depletion of ground water supplies and
substantial interference with surface water flow, encouraging waste water reclamation,
5-00-308
(Marvin Engineering Co., Inc.)
Page 6 of 9
maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing
alteration of natural streams.
The placement of pilings has the potential to impact marine organisms and water quality in the
project area. Driving pilings can result in direct impacts upon marine organisms inhabiting the
location where the piles are being placed. In addition, driving piles can result in the suspension of
sediment in the water column resulting in shading and sedimentation impacts upon organisms.
Finally, the placement of dock floats can result in shading impacts upon sensitive light -dependent
aquatic vegetation (i.e. eelgrass).
The proposed development involves construction within coastal waters. An inspection performed
by the City determined that no eelgrass exists in the vicinity of proposed project. Therefore, no
eelgrass will be affected by the proposed project. -
The proposed pilings will be placed in a hardbottom area beyond the existing bulkhead. While the
proposed pilings will result in impacts upon the hardbottom habitat, the pilings themselves will
provide replacement hard -substrate habitat. Since the surface area of the pilings is greater than
the area of impact the proposed project will increase the quantity of hard -substrate habitat. In
addition, since there is no eelgrass in the project area, shading impacts from the placement of the
dock floats is not anticipated to have any adverse impact upon any sensitive aquatic vegetation.
Due to the proposed project's location on the water, the proposed work may have adverse impacts
upon water quality and attendant adverse impacts upon biological resources. Storage or
placement of construction materials, debris, or waste in a location subject to wave erosion and
dispersion would result in adverse impacts upon the marine environment that would reduce the
biological productivity of coastal waters. For instance, construction debris entering coastal waters
may cover and displace soft bottom habitat. In addition, the use of machinery in coastal waters not
designed for such use may result in the release of lubricants or oils that are toxic to marine life.
Also, the proposed pile driving activities may also result in the temporary suspension of sediment in
the water column.
The Regional Water Quality Control Board has determined that the proposed project will not
adversely impact water quality if standard construction methods and materials are used.
Nonetheless, in order to avoid,adverse construction -related impacts upon marine resources,
Special Condition 1 outlines construction related requirements to provide for the safe storage of
construction materials and the safe disposal of construction debris. In addition, Special Condition 1
requires the applicant to utilize best management practices, such as a silt curtain, during
installation of the pilings to avoid any turbidity related impacts upon water quality and marine
organisms. Finally, Special Condition I prohibits placement of machinery on the beach or intertidal
zone and requires that any accidental spills of construction equipment fluids shall be immediately
contained on-site and disposed of in an environmentally safe manner as soon as possible and any
construction materials, oils or liquid chemicals or other waste shall not be stored where it is subject
to wave erosion and dispersion into the harbor waters. As conditioned, the Commission finds the
proposed development is consistent with Section 30230 and 30231 of the Coastal Act.
5-00-308
(Marvin Engineering Co., Inc.)
Page 7 of 9
C. PUBLIC ACCESS
Section 30604(c) of the Coastal Act requires that every coastal development permit issued for any
development between the first public road and the sea include a specific finding regarding the
conformity of the proposed development with the public access and recreation policies of Chapter 3
of the Coastal Act. The proposed development is located seaward of the first public road.
Section 30212 of the Coastal Act states, in relevant part:
(a) Public access from the nearest public roadway to the shoreline and along the coast
shall be provided in new development projects except where:
(2) adequate access exists nearby
Section 30224 of the Coastal Act states:
Increased recreational boating use of coastal waters shall be encouraged, in accordance with
this division, by developing dry storage areas, increasing public launching facilities, providing
additional berthing space in existing harbors, limiting non -water -dependent land uses that
congest access corridors and preclude boating support facilities, providing harbors of refuge,
and by providing for new boating facilities in natural harbors, new protected water areas, and,
in areas dredged from dry land.
Section 30252 of the Coastal Act states, in relevant part:
The location and amount of new development should maintain and enhance public access,
to the coast by ... (4) providing adequate parking facilities or providing substitute means of
serving the development with public transportation...
Sections 30210, 30211 and 30212 of the Coastal Act require that new development provide
maximum public access and recreation, avoid interference with the public's right of acquired
access, and provide public access from the nearest public roadway to the shoreline and along the
coast except under certain circumstances.
The Lido Marina Village area of Newport Harbor is designated for Recreation and Marine
Commercial and/or Retail and Service Commercial uses; The surrounding area is currently
developed with similar private commercial boat docks, retail establishments, restaurants and a
waterfront walkway. These existing facilities provide public access.
Section 30252 of the Coastal Act requires the protection of public access to the beach. An
adequate quantity of public parking spaces maintains this access. However, public access can be
adversely affected if commercial uses, such as the proposed charter service, in the coastal zone do
not provide adequate on-site or dedicated parking to serve the proposed development. In cases of
inadequate parking, charter passengers would displace other public users from public parking
spaces.
The applicant is subject to City of Newport Beach Municipal Code Chapter 5.18 for operation of
marine charters (Exhibit 4). According to the City Code, each charter must apply for a Marine
Charter Permit from the Revenue Division of the City. Section 5.18.040 specifies that
5-00-308
(Marvin Engineering Co., Inc.)
Page 8 of 9
"an application shall be denied if there is substantial evidence that:...
3. The proposed charter does not provide facilities to ensure adequate off-street parking, or
the safe loading and unloading or passengers and supplies. For the purpose of this
section, parking shall be considered adequate only if one parking space is provided for
each three passengers or the applicant can demonstrate, to the satisfaction of the Revenue
Manager or Harbor Inspector, that fewer spaces are required because of written passenger
commitments to carpool or use different forms of transportation. "
The applicant has obtained authorization to use 89 of the 383 (plus 154 valet spots) at the Lido
Marina Village parking structure. They have also been granted approval to use all 83 spaces within
the City of Newport Beach City Hall to meet their parking needs after 5:30 p.m. Monday—Friday,
Saturday all day and Sunday after 1:00 p.m. The applicant states that in the past seven,years they
have utilized -the City parking lot only three times. When parking needs cannot be met at the Lido
Marina Village parking structure or City Hall, passengers are bussed/shuttled to the charter yachts.
The applicant has also provi ded a parking study based upon last year's operation of the Electra,
Athena, and Galatea (no longer in use) vessels during peak use season. The Newport Princess
will replace the Galatea, which was a 1 00 -passenger vessel. As such, the applicant will have the
capacity to charter 150 more passengers than before. The parking study indicates that the existing
parking arrangement is adequate to support the additional charter use. No public parking spaces
will be required to support the charter service.
To ensure that the applicant continues to provide the necessary parking for each charter, the
Commission imposes Special Condition 2. Special Condition 2 requires the applicant to comply
with the parking requirements for Marine Charter Permits set forth in Newport Beach Municipal
Code Chapter 5.18. With this condition, the applicant must demonstrate to satisfaction of the City's
Revenue Division that they will provide adequate off-street parking for each charter.
Consequently, the proposed dock reconfiguration and additional charter service will not adversely
effect public parking in the subject area.
As conditioned, the Commission finds the proposed development is consistent with the public
access policies of the Coastal Act.
D. LOCAL COASTAL PROGRAM
Section 30604(a) of the Coastal Act provides that the Commission shall issue a coastal permit only
if the project will not prejudice the ability of the local government having jurisdiction to prepare a
Local Coastal Program which conforms with Chapter 3 policies of the Coastal Act.
The Commission certified the Land Use Plan for the City of Newport Beach on May 19, 1982. As
conditioned, the proposed development is consistent with the policies contained in the certified
Land Use Plan and with the Chapter 3 policies of the Coastal Act. Therefore, approval of the
proposed development will not prejudice the City's ability to prepare a Local Coastal Program for
Newport Beach that is consistent with the Chapter 3 policies of the Coastal Act as required by
Section'30604(a).
5-00-308
(Marvin Engineering Co., Inc.)
Page 9 of 9
E. CALIFORNIA ENVIRONMENTAL, QUALITY ACT ' "
Section 13096 of the Commission's regulations requires Commission approval of Coastal
Development Permit applications to be supported by a finding showing the application, as
conditioned by any conditions of approval, to be consistent with any applicable requirements of the
California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a
proposed development from being approved if there are feasible alternatives or feasible mitigation
measures available which would substantially lessen any significant adverseeffect which the
activity may have on the environment.
The proposed project has been conditioned for consistency with the marine resource protection
policies of Sections 3023Q and 30233 of the Coastal Act. Mitigation measures, in the -form of
special conditions require 1) removal of construction debris and minimization of construction
impacts, and 2) conformance with the City of Newport Beach Marine Charter Permit requirements,
will minimize all adverse effects. The proposed development, as conditioned, is consistent with the
Chapter 3 policies of the Coastal Act. There are no feasible alternatives or mitigation measures
available which will lessen any significant adverse impact the activity would have on the
environment. Therefore, the Commission finds that the proposed project is consistent with CEQA
and the policies of the Coastal Act.
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CITY OF NEWPORT BEACH
Chapter 5.18
MARINE CHARTER PERNUT
Sections:
5.18.005
Purpose and Findings.
5.18.010
Definitions.
5.18.020
Permit Required—Violations.
5.18.025
Exceptions.
5.18.030 1
Application for Permit.
5.18.035
Marine Charter Filing Fee.
5.18.040
Issuance of PermiL
5.18.045
Conditions.
S.18.050
Indemnification.
5.1&OS5
Transfer Prohibited.
5.18.060
Penalty.
5.18.005 Purpose and FTmdingL
The, City Council of the City of Newport Beach,
in adopting the ordinance codified in this chapter,
finds and declares as follows:
A. Newport Bay is a limited resource with a
large marine and recreational use.
B. In the past few years, there has been a dra-
matic increase in the number of charter vessels
operating in Newport Bay;
1. Many of these vessels are owned or operated
by persons who do not have a fixed base of opera-
tion on or near the bay that can provide the parking
or sanitation facilities necessary to serve their clients
and customers.
C. Charter activities will, if unregulated, contin-
ue to increase the demand for available waterfront
parking that is already in short supply which Will
increase ti-affic congestion in the waterfront areas, -
continue to generate levels of noise which, on occa-
sion, have interfered with the many residents who
live on the bay, and continue to present a risk of
direct discharge of waste into the bay.
D. The requirements of the chapter are necessary
to minimize the traffic congestion, parking shortag-
es, excessive noise, and the discharge of waste that
could result from unregulated charter activity.
E. "ne charter activities not regulated by Chap-
ter 17.41 and this chapter are those which involve
167
5.18.005
so few people as to have only a minimal impact on
the traffic, parking and noise problems associated
with other charter activities.
F. Charter activities on Newport Harbor demand
additional City services which are not paid by the
patrons or passengers of charter vessels operating in
a commercial capacity of the harbor. (Ord. 94-33
I (part), 1994: Ord. 88-37 § I (part), 1988)
5.18.010 Definitions.
For the purpose of this chapter, the following
definitions shall apply:
A. "Bareboat charter shall mean any vessel not
inspected by the United States Coast Guard under
title 46 of the Code of Federal Regulations and
which has been chartered for consideration.
B. "Charter" shall mean any vessel inspected by
the United States Coast Guard under title 46 of the
Code of Federal Regulations and which has been
chartered for consideration.
C. "Chartered for consideration" shall mean a
vessel which has been hired or leased by the owner,
directly or through a representative, to any person
for a voyage in exchange for the payment of money.
the receipt of something of value, or the forgiveness
of a debL
D. "Commercial fishing vessel" shall mean a
vessel registered by the Department of Fish and
Game pursuant to Section 7880 of the Fish and
Game Code of the State of California, when. operat-
ing under the authority of the fish and game permit
outside Newport Harbor.
E. "Sailing club" shall mean an organization
operating from a fixed location and principally
engaged in the coordination or facilitation of the use
of pleasure boats by its membership.
F. "Applicant" shall mean the owner of the
vessel or authorized representative of the owner.
G. "Sportfishing charter" shall mean a vessel
chartered solely for sportfishing outside of Newport
Harbor.
H. ' "City Managee'shall mean the City Manager
of the City of Newport Beach, or his or her respec-
tive assignees.
5.18.010
1. "Revenue Manager" shall mean the Revenue
Manager of the City of Newport Beach or his or her
designee.
J. "Newport Bay" shall mean aU waters within
the corporate limits of the City of Newport Beach
and within which the tide ebbs and flows, -whether
or not the ordinary or mean high tide of the Pacific
Ocean has been fixed by ordinance, statute, court
action or otherwise, and whether or not the lands
lying under the tidal water are privately or publicly
owned.
K. "Person" shall mean an individual, proprietor-
ship, firm, partnership, joint venture, syndicate,
business trust, company, corporation, association,
committee or any other organization or group of
persons acting in concert -
L. "Harbor Inspector" shall mean the Harbor
Inspector of the City of Newport Beach, or his or
her designee.
M. "Operator shall mean the person who oper-
ates or who has charge of the navigation or use of
a vessel.
N. "Passenger" shall mean every person, other
than the master and a member of the crew or other
persons employed or engaged in any capacity on
board a vessel in the business of that vessel. (Ord.
94-33 § I (part), 1994: Ord. 88-37 § I (part), 1988)
5.18.020 Permit Required—Violations.
A. No person shall operate any bareboat charter
or certificated charter on the waters of Newport Bay
without first obtaining a marine charter permit pur-
suant to this chapter.
B. No person shall schedule, arrange, or coordi-
nate the operation of a bareboat charter or certificat-
ed charter on the waters of Newport Bay without
fim obtaining a marine charter permit pursuant to
this chapter.
C. No person who owns a certificated vessel (a
vessel inspected by the United States Coast Guard
pursuant to Title 46 of the Code of Federal Regula-
tions) shall permit or allow the use of the vessel as
a certificated charter on the waters of Newport Bay
without first obtaining a marine charter permit pur-
suant to this chapter.
168
D. No person shall operate a bareboat charter or
certificated charter on the waters on Newport Bay
without having a valid marine charter permit on
board the vessel at all times during the charter.
E. No owner of a vessel shall permit that vessel
to be used as a bareboat charter on the waters of
Newport Bay unless a marine charter permit has
been issued for the bareboat charter. (Ord. 94-33
I (part), 1994: Ord. 88-37 § I (part), 1988)
5.18.025 ' Exceptions.
Ile provisions of this chapter shall not apply to
the following:
A. Any vessel operating pursuant to, and in
compliance with conditions of, a valid permit issued
pursuant to Chapter 17.41 of the Newport Beach
Municipal Code;
B. Any commercial fishing vessel traversing the
waters of Newport Bay to engage in commercial
fishing or other operations outside of Newport Bay;
C. Vessels operated by a sailing clubowhile
carTying six or fewer passengers, provided at least
one of the passengers is a member of the saffing
club;
D. Sportfishing charters;
E. Any charter carrying six or fewer passengers;
F. Vessels used solely for the purpose of boat
repair, maintenance or marine construction. (Ord.
94-33 § I (part), 1994: Ord. 88-37 § L (part), 1988)
5.18.030 Apptication for Permit
Application for permit pursuant to: this chapter
shall be filed with the Revenue Manager upon forms
provided by the City and shall contain the following
information:
A. The name, business address, and business
telephone number of the applicant;
B. The name, address and telephone number of
the vessel owner,
C. All pertinent information relative to the vessel
including, but not necessarily limited to, the name
of the vessel, the registration number of the vessel
assigned by the Department of Motor Vehicles or
the United States Coast Guard, the make and model
of the vessel, the length of the vessel, and any
unique or special features of the vessel;
D. 'A full description of the proposed charter
including:
1. Ile hours of operation,
2. The route or routes of travel,
3. Maximum number of patrons or passengers,
4. Embarkation and debarkation points,
5. Activities to be conducted on board the char-
ter, including any entertainment,
6. Description of any sound amplification pro-
posed to beused,
7. Description and location of the parking facili-
ties available for the charter, including any written
agreement pursuant to which the applicant has ob-
tained the right to the parking facilities, and the
method by which the applicant proposes to notify
all passengers or patrons of the requirement that
they park in the designated area,
8. A description of the manner in which the ap-
plicant intends to dispose of all sewage, trash and
litter resulting from the charter, and
. 9. Other information which may be pertinent to
vehicular or marine traffic, parking, noise, pollution,
litter or any other matter which could adversely
affect the health, safety or welfare of those who use,
enjoy, or own property near the waters of the New-
port Bay;
E. Such other information as the Revenue Man-
ager deems reasonably necessary to determine
whether to issue a permit;
F. The application shall be filed no later than
five working days before the date the charter is to
occur. Applications may be considered if. (1) filed
no later than two full working days before the char-
ter is to occur-, (2) the applicant demonstrates good
cause for the delay in fiUg; and (3) the proposed
charter does not require special investigation or the
imposition of special conditions. (Ord. 94-33 § I
(part), 1994: Ord. 88-37 § I (part), 1988)
5.18.035 Marine Charter Filing Fee.
An application for a marine charter permit shall
be accompanied by a n
of the City Council; provided, however, the fee shall
5.18.030
be no greater than necessary to defer the costs in-
curred by the City in administering the provisions
of this chapter. (Ord. 94-33 § I (part), 1994: Ord.
88-37 § 1 (part), 1988)
5.18.040 Issuance of PermiL
A. Upon receipt of an application for a marine
charter permit, the Revenue Manager or Harbor
Inspector shall investigate the information contained
in the application issue the permit upon a deter-
_i;!�a�tion iatapproval- will not adversely ect
health, safety or welfare of those who use,�nl oy, o
' t
own, property near the waters of Newport BaJ: e
application shall be denied if there is substantial
evidence that: I .
1. The proposed charter is likely to create noise
which would adversely affect the use or enjoyment
of the waters of Newport Bay by members of the
public, or interfere with the rights of those who own
property on or near the waters of Newport Bay;
2. The proposed charter is likely to contribute
to the problem of pollution or litter on and in the
waters of Newport Bay;
3. 77he, proposed charter does not provide facili-
ties to ensure adequate off-street parking, or the safe
loading,and unloading of passengers and supplies.
For the purpose of this section, parking shall be
considered adequate only if one parking space is
provided for each three passengers or the applicant
can demonstrate, to the satisfaction of the Revenue
Manager or Harbor Inspector, that fewer spaces are
required because of written passenger commitments
to carpool, or use different forms of transportation;
4. The proposed charter, when viewed in con-
junction with other anticipated charters and marine
operations, is likely to create marine traffic conges-
tion or otherwise interfere with the rights of others
to use the waters of Newport Bay;
5. The applicant has misrepresented material
facts in the application;
1 6. The applicant has, within thekTSO�mgnin�e
(90) days, failed to comply with a condition im-
:jo�on a previously issued marine cli��r �permit,
the applicant received notice of the violation, and
169
.5-19-040
either failed to appeal the notice of violation or the
decision on the notice of violation has become final;
7. The proposed charter would not comply with
applicable City, County. State or Federal require-
ments of law;
8. The vessel proposed to be used by the appli-
cant has not been inspected and, the sanitation sys-
tem approved by the City for charter use;
9. The applicant has, "within the preceding
twelve (12) months, violated this ordinance and/or
provisions of Federal or State law because the appli-
cant has discharged, or permitted or allowed any
other person on the vessel under his or her control
or command to discharge I any human or animal
excreta from any head, toilet, holding tank or simi-
lar facility on a vessel into the waters of Newport
Bay, the applicant has received notice of the viola-
tion, and a decision on the violation has become
final.'
B. In the event the Revenue Manager or Harbor
Inspector denies the application, the applicant shall
have the right to appeal the decision, to the City
Manager, by filing a written appeal with the office
of the City Manager within five working days from
the date on which the applicant has notice of the
decision, or at least two working days before the
date and time of the proposed charter, whichever
provides the most time for consideration of the
appeal. The . City Manager shall consider the appeal
and render a decision within twenty-four (24) hours
(exclusive of weekends and holidays) from the date
of the appeal. The decision of the City Manager
shall be final.
C. The term of the permit shall extend only for
the duration of the charter for which the permit was
issued. (Ord. 94-33 § I (part), 1994: Ord. 88-37 §
I (part), 1988)
5.18.045 Conditions.
A. Ile License Supervisor may impose any
condition on the permit reasonably necessary to
insure the proposed charter provides adequate park-
ing facilities, does not create noise, does not pollute
or litter the waters of Newport Bay, does not create
marine traffic congestion and does not otherwise
adversely affect the persons using, working in, or
living around Newport Bay. Failure to comply with
conditions imposed on any marine charter perrnit
shall constitute a violation of this chapter.
B. All permits issued pursuant to this chapter are
subject to the following standard conditions:
1. Adequate off-street parking shall be provided
for all passengers on the bareboat charter or certifi-
cated charter,
2. No passenger loading or unloading is to occur
at any gas dock or public dock;
3. Passengers transported to or from the charter
shall not be picked up from, or unloaded on, City
streets;
1 4. All passengers shall be loaded an I d unloaded
only from docks or piers in commercially -zoned
districts;
5. No amplified sound shall be allowed to ema-
nate from the interior of the vessel;
6. No music or sound shall be audible at a point
fifty (50) feet from the hull of the vessel;:
7. Music, live entertainment, and all forms of
amplified sound are prohibited after ten p.m.;
. 8. Air homs, whistles, bells, and other
noisemaking equipment shall not be used; �,
9. All trash and Utter generated by the charter
shall be properly disposed of in private trash recep-
tacle;
10. All charters shall operate in main navigational
channels, as far from shore as practical, and the
route of travel must be at least one hundred (100)
feet from any residence;
11. Each vessel shall be equipped with Coast
Guard -approved holding tanks for raw sewage;
12. All Federal, State, County and City statutes,
rules, ordinances, laws and regulations shall be
obeyed. (Ord. 88-37 § I (part), 1988)
170
5.18.050 Indemnification.
Perniittee shall defend, indemnify, and hold City
harmless from and against any loss, liability, claim,
damage or injury that is in any way related to the
bareboat charter or czrtificated charter for which a
permit is granted pursuant to this chapter. (Ord.
88-37 § I (part), 1988)
5.18.055 Transfer Prohibited.
No permit issued pursuant to this chapter shall be
transferred, sold or assigned. Any attempt to trans-
fer, sell or assign the permit shall render the penrnit
void and of no force and effect. (Ord. 88-37 § I
(part), 1988)
5.18.060 Penalty.
I Any person violating the provisions of this chap-
ter shall be guilty of- a misderne-anor. (Ord. 88-37 §
I (part), 1988)
5.18.0551
Chapter 5.20
PAWNBROKERS, SECONDHAND DEALERS
AND JUNK DEALERS
Sections:
5.20.010 Pawnbroker Defined.
5.20.020 Pawnshop Defined.
5.20.030 Secondhand Dealer Defined.
5.20.040 Junk Dealer and Junk
Collector Defined.
5.20.050 Permit&
-5.20.060 License Fees.
5.20.070 Reports to Police.
5.20.080 Records Required to be Kept.
5.20.090 Failure to Comply Unlawful.
5.20.100 Disposition of Articles.
5.20.110 Exempt Transactions.
5.20.120 Hours of Operation.
5.20.130 Property Received from
Outside State.
5.20.140 Application of Reports and
Records Provisions to Other
Merchants Selling Secondhand
Article&
5.20.010 Pawnbroker Defined.
Ile term "pawnbrokee, shall mean a person, firm
or corporation engaged in conducting, ma aging or
carrying on the business of loaning money, for
himself or for any otherperson, upon personal prop-
erty, personal security, pawns or pledges, or the
business of purchasing articles of personal property
and reseffing or agreeing to resell such arficles to
the vendors or their assignees, at prices agreed upon
at or before the time of such purchase. (Ord. 1295
§ 1 (part), 1969)
5.20.020 Pawnshop Defined.
The term "pawnshop" shall mean any room, store
or place in'which business or activity described in
Section 5.20.010 is engaged in, carried on or con-
ducted. (Ord. 1295 § I (part), 1969)
TE OF CALIFORNIA - THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562) 590-5071
GRAY DAVIS, Governor
Page 1 of 3
Date: September 27, 2000
Permit No: 5-00-308
COASTAL DEVELOPMENT PERMIT
On September 13, 2000, the California Coastal Commission granted to Marvin
Engineering Co., Inc. Coastal Development Permit 5-00-308, subject to the attached
Standard and Special Conditions, for development consisting of: reconfiguration of
existing commercial dock to accommodate a new charter vessel for Electra
Cruises. More specifically described in the application file in the Commission offices.
The development i s within the coastal zone in Orange County at 3400 Via Oporto, City
of Newport Beach.
issued on behalf of the California Coastal Commission on September 27, 2000.
PETER DOUGLAS
Executive Director
ACKNOWLEDGMENT
By:
Title: , i�,(i , astal'Prograrn Analyst
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms
and conditions thereof.
The undersigned permittee acknowledges that Government Code Section 818.4 which states in
pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any
permit . . ." applies to the issuance of this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION
OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a).
Date
Signature of Permittee
Please sign and return one copy of this form to the Commission office at the above
address.
RECEIVED BY
PLANNING D['�-`PARTNIENT
C ! Ty 0 N, rL"7 F, A r" -1
AM S 1" 2 PM
COASTAL DEVELOPMENT PERMIT
No. 5-00-308
Page 2 of 3
STANDARD CONDITIONS
1 . Notice of Receipt and Acknowledg
ment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or. authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years
from the date on which the Commission voted on the application. Development
shall be pursued in a diligent manner and completed in a reasonable period of
time. Application for extension of the permit must be made prior to the expiration
date.
3. Interpretation., Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee to bind
all future owners and possessors of the subject property to the terms and
conditions.
SPECIAL CONDITIONS:
CONSTRUCTION RESPONSIBILITIES
The -permittee shall comply with the following construction -related requirements:
(a) No construction materials, debris, or waste shall be placed or stored where it
may be subject to wave erosion and dispersion;
(b) Any and all debris resulting from construction activities shall be removed from the
project site within 24 hours of completion of construction;
(c) Disturbance of the harbor bottom and intertidal areas shall be minimized;
(d) Turbidity shall be minimized through the use of best management practices
including, but not limited to, the use of silt curtains;
(e) No machinery shall be allowed at any time on the beach or intertidal zone;
COASTAL DEVELOPMENT PERMIT
No. 5-00-308
Page 3 of 3
(f) Any accidental spills of construction equipment fluids shall be immediately
contained on-site and disposed of in an environmentally safe manner as soon as
possible;
(g) Any construction materials, oils or liquid chemicals or other waste shall not be
stored where it is subject to wave erosion and dispersion into the harbor waters.
2. PARKING REQUIREMENT
By acceptance of this permit, the applicant acknowledges and agrees to maintain a total
of eighty-nine (89) parking spaces in the Lido Marina Village parking structure for the
use approved by Coastal Development Permit 5-00-308. In addition, the applicant shall
comply with the parking requirements for Marine Charter Permits set forth in Newport
Beach Municipal Code Section 5.18.040 (Exhibit 4).
Document2 Printed on September 27, 2000 aMm (marvin engineering co., inc.
WORKSHEET FOR BUILDING PERMIT APPLICATION
CITY OF NEWPORT BEACH
BUILDING & PLANNING DEPARTMENTS
PLEASE PRINT A, le I It- J--� '0." "/,
1.PROJECT ADDRESS (NOT
MAILING ADDRESS)
FLOOR
SUITE NO.
ZIP
6q i -
L -/-I n
C I TY
STATE
ZIP
-A'6
LEGAL DESCRIPTION
No. UNITS
LOT BLOCK
TRACT
PHONE NO.
2.DESCRIPTION OF WORK /)I/- '2�"'4-24
e ",X R-7 1) X/ 101
-c
I A
AO� ESJTIMAT1tD'$ VAI;UATI&A�/,-,6,eyjn
EXISTI I NG STRUCTURE SQ.FT.
PROPOSED NEW / ADDITIONAL SQ. FT.
NEW Ej ADD 0 ALTER DEMO 'F OTHER
USE OF STRUCTURE No. OF STORIES
3.OWNER'S NAME LAST FIRST M.I.
PHONE NO.
OWNER'S ADDRESS Ae�lv�;e 40P
C I TY
STATE
ZIP
4.APPLICANT'S NAME LAST FIRST
PHONE NO.
APPLICANT'S ADDRESS
CITY
STATE
ZIP
5.ARCHITECT'S NAME LAST FIRST
STATE LIC. NO.
ARCHITECT'S ADDRESS
CITY
ZIP
PHONE NO.
-5��4
[��ATE
6 4-�-
7- ��
6.ENGINEER'S NAME LAST FIRST
STATE LIC. NO.
r .0t)(Dej
3
�ENGINEER'S,ADDRESS
CIT
STATE
ZIP
PHONE NO.
7.CONTRACTOR'S NAME
LIC. CLASS
STATE LIC. NO.
-040"—
CONTRACTOR'S ADDRESS
CITY
STATE
ZIP
PHONE NO.
.-'2 na --7
COMPANY NAME (if,different)
NEWPORT BUS. LIC. NO
OFFICE USE ONLY CJ\X A White: BuRding Dept YeLlow: Cashier Pink: AppLicant
PERMIT NO 00 '-,' I
TYPE OF CONSTRUCTION PLAN CHECK NO. kf nd' LOU
OCCUPANCY - GROUP
( 20�?
CLASS CODE ("' PLAN CHECK FEE $
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.0 BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
August 9,02000
REPLY TO
Office of the Chief
Regulatory Branch
Shellmaker, Inc.
Attention: Lisa Miller
875b West 15th Street
Newport Beach, California 92663-2701.
Dear Ms. Miller:
Reference is made to your request of June 30, 2000 to amend Permit No. 200000198 -SMS
which authorized you to modify an existing dock just seaward of 3400 Via Oporto in Newport
Bay in the City of Newport Beach, Orange County, California.
Under the provisions of 33 Code of Federal Regulations 325.7(b), your permit is modified
as follows:
You are hereby authorized to modify the existing dock to the specifications as detailed on
the attached drawings.
The terms and conditions of Permit No. 200000198 -SMS, except as changed herein,
remain in full force and effect. Please note that a copy of this letter is being forwarded to those
agencies on the enclosed list.
Sincerely,
George L. Beams
Chief, Construction -
Operations Division
Enclosure
September 13, 2000
Najah Amin
Regional Water Control Board
Re: Sewaae at Lido Marina Village,
0
3400 Via Opporto, Newport Beach
Dear Sir:
7
St
On Monday, September 12 about 9:00 am, the City of Newport Beach received a
call from a citizen indicating that the pump out at Lido Marina Village was
broken and when used pumped sewage directly into the bay.
We notified the marina manager, who posted the pump out of order and took the
hose off and shut the power down. We also notified the Orange County Health
Department and assisted them in posting the area closed. The property owner
indicated that the pump would be repaired sometime this week. The County of
Orange Health Department will test the area and indicate when the closure signs
can be removed. At this time we do not how long the pump operated in the
defective condition, but, we felt it was not very long because it was an obvious
leek.
If you need more information please contact me at 949-644-3041.
Sincerely,
law.
Tony Mel�m', Director
Division of Harbor Resources
STATE;'�-F CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562) 590-5071
Item Wed 29h
STAFF REPORT: REGULAR CALENDAR
APPLICATION NUMBER: 5-00-308
APPLICANT: Marvin Engineering Co., Inc.
AGENT: Shellmaker, Inc., Lisa E. Miller
PROJECT LOCATION: 3400 Via Oporto, Newport Beach Orange County
PROJECT DESCRIPTION: Reconfiguration of existing commercial dock to accommodate a new
charter vessel for Electra Cruises.
LOCAL APPROVALS RECEIVED: City of Newport Beach Fire and Marine Department Approval
in Concept, Harbor Permit Number 124-3400; Clearance from the Regional Water Quality
Control Board, and Approval from US Army Corps of Engineers.
SUBSTANTIVE FILE DOCUMENTS: City of Newport Beach Certified Land Use Plan, Newport
Beach Municipal Code Chapter 5.18, City of Newport Beach Harbor Permit Policies, and
Coastal Development Permit Application 5-99-397 (Marvin Engineering Co., Inc.).
SUMMARY OF STAFF RECOMMENDATION:
The major issues of this staff report include fill of coastal waters for boating related purposes,
potential impacts upon marine resources, and public access. Staff recommends approval of the
proposed development subject to two special conditions. Special Condition No. 1 require—s
minimization of construction impacts on harbor bottom and interticlal areas, appropriate storage of
construction materials, removal of construction debris, and use of best management practices to
reduce turbidity related impacts. Special Condition No. 2 requires the applicant to maintain 89
parking spaces in the Lido Marina Village parking structure and comply with the marine charter
parking requirements administered by the City of Newport Beach.
5-00-308
(Marvin Engineering Co., Inc.)
Page 2 of 9
STAFF RECOMMENDATION, MOTION AND RESOLUTION OF APPROVAL:
Staff recommends that the Commission make the following motion and adopt the following
resolution to APPROVE the permit application with special conditions.
FIT-Dyt me, I
/ move that the Commission approve CDP #5-00-308 pursuant to the staff recommendation.
Staff recommends a YES vote. Passage of this motion will result in adoption of the following
resolution and findings. The motion passes only by affirmative vote of a majority of the
Commissioners present.
RESOLUTION OF APPROVAL WITH CONDITIONS
The Commission hereby GRANTS a permit, subject to the conditions below, for the proposed
development on the grounds that the development will be in conformity with the provisions of
Chapter 3 of the California Coastal Act of 1976, is located between the nearest public road and the
sea and is in conformity with the public access and public recreation policies of the Coastal Act,
and will not have any significant adverse effects on the environment within the meaning of the
California Environmental Quality Act.
[I. STANDARD CONDITIONS:
Notice of Receipt and Acknowledgment The permit is not valid and development shall not
commence until a copy of the permit, signed by the permittee or authorized agent,
acknowledging receipt of the permit and acceptance of the terms and conditions, is returned
to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years from the
date this permit is reported to the Commission. Development shall be pursued in a diligent
manner and completed in a reasonable period of time. Application for extension of the
permit must be made prior to the expiration date,
3
a]
Interpretation. Any questions of intent or interpretation of any condition will be resolved by
the Executive Director or the Commission.
Assignment. The permit may be assigned to any qualified person, provided assignee files
with the Commission an affidavit accepting all terms and conditions of the permit.
Terms and Conditions Run with the Land. These terms and conditions shall be perpetual,
and it is the intention of the Commission and the permittee to bind all future owners and
possessors of the subject property to the terms and conditions.
5-00-308
(Marvin Engineering Co., Inc.)
Page 3 of 9
Ill. SPECIAL CONDITIONS
1. CONSTRUCTION RESPONSIBILITIES
The permittee shall comply with the following construction -related requirements:
(a) No construction materials, debris, or waste shall be placed or stored where it may be
subject to wave erosion and dispersion;
(b) Any and all debris resulting from construction activities shall be removed from the
project site within 24 hours of completion of construction;
(c) Disturbance of the harbor bottom and interticlal areas shall be minimized;
(d) Turbidity shall be minimized through the use of best management practices
including, but not limited to, the use of silt curtains;
(e) No machinery shall be allowed at any time on the beach or intertidal zone;
(f) Any accidental spills of construction equipment fluids shall be immediately contained
on-site and disposed of in an environmentally safe manner as soon as possible;
(g) Any construction materials, oils or liquid chemicals or other waste shall not be stored
where it is subject to wave erosion and dispersion into the harbor waters.
2. PARKING REQUIREMENT
By acceptance of this permit, the applicant acknowledges and agrees to maintain a total of
eighty-nine (89) parking spaces in the Lido. Marina Village parking structure for the use
approved by Coastal Development Permit 5-00-308. In addition, the applicant shall comply
with the parking requirements for Marine Charter Permits set forth in Newport Beach
Municipal Code Section 5.18.040 (Exhibit 4).
IV. FINDINGS AND DECLARATIONS:
The Commission hereby finds and declares:
A. PROJECT DESCRIPTION AND LOCATION
The applicant is proposing to modify an existing commercial dock to accommodate a new charter
vessel in the Lido Marina Village area of Newport Harbor (Exhibits 1 and 2). Specifically, the
project involves the demolition of an existing dual "U" -shaped dock with three (3) 45' long by 4'
wide fingers and a 10' by 40' backwalk, and the relocation of its three (3) pilings. The project also
involves the demolition and removal of a 37' long by 4'wide dock and its associated piling. The
applicant proposes to replace and reconfigure the existing boat dock, as described below and
shown in Exhibit 3. i
5-00-308
(Marvin Engineering Co., Inc.)
Page 4 of 9
The applicant proposes to construct a new 6' wide by 90' long floating dock with.six (6) 18"
prestressed concrete guide piles, two (2) relocated 12" piles and two (2) 5' by 5' knee braces. The
applicant also proposes to construct a 6' wide by 45' long extension to an existing floating dock.
The dock extension will be anchored by three (3) new 18" prestressed concrete guide piles.
Another 5' by 5' knee brace with relocated 12" pile will be installed on a portion of the remaining
dock to the west of the new docks.
The new floats are being constructed to accommodate a new 61.5' long 250 -passenger yacht,
known as the Newport Princess. This new vessel will replace the Galatea, a 6071 00 -passenger
yacht. The Newport Princess will be an addition to Electra Cruises fleet of two yachts, the Electra
(872/1 05 -passenger) and the Athena (96.9' long /149 passengers).
In order to provide parking for the proposed development (i.e. additional charter boat service), the
applicant intends to continue operating under the requirements of the City of Newport Beach
Municipal Code Chapter 5.18. The City's Municipal Code requires charter operators to provide
proof of adequate off-street parking prior to issuance of a Marine Charter Permit. Parking for each
charter is provided in either the Lido Marina Village parking structure, the Newport Beach City Hall,
and/or through off-site busses/shuttles. (Parking will be described further in Section C of the
current report.)
B. MARINE ENVIRONMENT
1. Fill of Coastal Waters
The proposed project involves the placement of nine (9) new 18" diameter concrete pilings and
three (3) relocated 12" diameter pilings in open coastal waters (i.e. Newport Harbor), for a total of
twelve (12) pilings. These pilings constitute "fill" of open coastal waters as defined in Section
30108.2 of the Coastal Act. Under Section 30233 of the Coastal Act, fill of open coastal waters is
only allowed when several criteria are met: (a) the project must fall within one of the use categories
specified; (b) the proposed project must be the least environmentally damaging feasible alternative -
and (c) feasible mitigation measures to minimize adverse environmental effects must be provided.
Section 30233 of the Coastal Act states, in parL
(a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and
lakes shall be permitted in accordance with other applicable provisions of this
division, where there is no feasible less environmentally damaging alternative, and
where feasible mitigation measures have been provided to minimize adverse
environmental effects, and shall be limited to the following:
(4) In open coastal waters, other than wetlands, including streams, estuaries, and
lakes, new or expanded boating facilities and the placement of structural pilings for
public recreational piers that provide public access and recreational opportunities.
The proposed project meets the first criteria because the proposed development is for a boating
facility. Fill of open coastal waters, such as Newport Harbor, for the construction of a boating
facility is an allowable use under Section 30233(a)(4) of the Coastal Act. The proposed project
requires twelve (12) pilings. The pilings are necessary to secure the proposed dock floats which
are necessary to support a boating facility.
5-00-308
(Marvin -Engineering Co., Inc.)
Page 5 of 9
The applicant has indicated that the floats will be used solely for boating purposes. Specifically, the
applicant proposes to use the floats as a staging area and to facilitate the loading and unloading of
passengers and supplies to the boat. The boat will provide charter boat service. This charter
service is for use by the general public. Based on the uses proposed by the applicant, the
Commission finds that the proposed dock floats constitute a boating facility. As a boating facility,
the proposed dock reconfiguration is a use specifically allowed under Section 30233(a)(4) of the
Coastal Act.
In addition to the use -related issue, Section 30233 of the Coastal Act also requires that any project
involving fill of open coastal waters be the least environmentally damaging feasible alternative.
One way to reduce environmental damage to open coastal waters is to minimize the quantity of fill.
In this case, the applicant is proposing to remove one (1) existing pile, reuse three (3) 12" diameter
piles and place nine (9) new 18" diameter piles. The applicant has indicated that the proposed
pilings are the smallest diameter and the minimum quantity necessary to meet current engineering
standards for loads needed to serve the new and existing vessels, Therefore, since the proposed
project minimizes the quantity of fill of coastal waters, the Commission finds that the proposed
project is the least environmentally damaging feasible alternative.
Finally, Section 30233 of the Coastal Act also requires that feasible mitigation measures to
minimize adverse environmental effects must be provided. The proposed project meets this
requirement because the proposed pilings will provide habitat for marine organisms such as
mollusks. This replacement hardscape habitat will mitigate for the loss of hard bottom habitat
resulting from the placement of the pilings.
The proposed project will result in the fill of open coastal waters for a boating facility, which is an
allowable use under Section 30233 of the Coastal Act. In addition, the proposed project is the least
environmentally damaging alternative, and does provide feasible mitigation measures. Therefore,
the Commission finds the proposed project is consistent with Section 30233 of the Coastal Act.
2. Marine Organisms and Water Quality
Section 30230 of the Coastal Act states:
Marine resources shall be maintained, enhanced, and where feasible, restored. Special
protection shall be given to areas and species of special biological or economic
significance. Uses of the marine environment shall be carried out in a manner that will
sustain the biological productivity of coastal waters and that will maintain healthy
populations of all species of marine organisms adequate for long-term commercial,
recreational, scientific, and educational purposes.
Section 30231 of the Coastal Act states:
The biological productivity and the quality of coastal waters, streams, wetlands, estuaries,
and lakes appropriate to maintain optimum populations of marine organisms and for the
protection of human health shall be maintained and, where feasible, restored through,
among other means, minimizing adverse effects of waste water discharges and
entrainment, controlling runoff, preventing depletion of ground water supplies and
substantial interference with surface water flow, encouraging waste water reclamation,
5-00-308
(Marvin Engineering Co., Inc.)
Page 6 of 9
maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing
alteration of natural streams.
The placement of pilings has the potential to impact marine organisms and water quality in the
project area. Driving pilings can result in direct impacts upon marine organisms inhabiting the
location where the piles are being placed. In addition, driving piles can result in the suspension of
sediment in the water column resulting in shading and sedimentation impacts upon organisms.
Finally, the placement of dock floats can result in shading impacts upon sensitive light -dependent
aquatic vegetation (i.e. eelgrass).
The proposed development involves construction within coastal waters. An inspection performed
by the City determined that no eelgrass exists in the vicinity of proposed project. Therefore, no
eelgrass will be affected by the proposed project.
The proposed pilings will be placed in a hardbottom area beyond the existing bulkhead. While the
proposed pilings will result in impacts upon the hardbottorn habitat, the pilings themselves will
provide replacement hard-substr2te habitat. Since the surface area of the pilings is greater than
the area of impact the proposed project will increase the quantity of hard -substrate habitat. In
addition, since there is no eelgrass in the project area, shading impacts from the placement of the
dock floats is not anticipated to have any adverse impact upon any sensitive aquatic vegetation.
Due to the proposed project's location on the water, the proposed work may have adverse impacts
upon water quality and attendant adverse impacts upon biological resources. Storage or
placement of construction materials, debris, or waste in a location subject to wave erosion and
dispersion would result in adverse impacts upon the marine environment that would reduce the
biological productivity of coastal waters. For instance, construction debris entering coastal waters
may cover and displace soft bottom habitat. In addition, the use of machinery in coastal waters not
designed for such use may result in the release of lubricants or oils that are toxic to marine life.
Also, the proposed pile driving activities may also result in the temporary suspension of sediment in
the water column.
The Regional Water Quality Control Board has determined that the proposed project will not
adversely impact water quality if standard construction methods and materials are used.
Nonetheless, in order to avoid adverse construction -related impacts upon marine resources,
Special Condition 1 outlines construction related requirements to provide for the safe storage of
construction materials and the safe disposal of construction debris. In addition, Special Condition I
requires the applicant to utilize best management practices, such as a silt curtain, during
installation of the pilings to avoid any turbidity related impacts upon water quality and marine
organisms. Finally, Special Condition I prohibits placement of machinery on the beach or intertical
zone and requires that any accidental sp�!lis of construction equipment fluids shall be immediately
contained on-site and disposed. of in an environmentally safe manner as soon as possible and any
construction materials, oils or liquid chemicals or other waste shall not be stored where it is subject
to wave erosion and dispersion into the harbor waters. As conditioned, the Commission finds the
proposed development is consistent with Section 30230 and 30231 of the Coastal Act.
5-00-308
(Marvin Engineering Co., Inc.)
Page 7 of 9
C. PUBLIC ACCESS
Section 30604(c) of the Coastal Act requires that every coastal development permit issued for any
development between the first public road and the sea include a specific finding regarding the
conformity of the proposed development with the public access and recreation policies of Chapter 3
of the Coastal Act. The proposed development is located seaward of the first public road.
Section 30212 of the Coastal Act states, in relevant part:
(a) Public access from the nearest public roadway to the shoreline and along the coast
shall be provided in new development projects except where:
(2) adequate access exists nearby.
Section 30224 of the Coastal Act St2teS�
Increased recreational boating use of coastal waters shall be encouraged, in accordance with
this division, by developing dry storage areas, increasing public launching facilities, providing
additional berthing space in exisbng ,,,arbors, limiting non -water -dependent land uses that
congest access corridors and preclude boating support facilities, providing harbors of refuge,
and by providing for new boatin J "aciiiLlies in natural harbors, new protected water areas, and
in areas dredged from dry land.
Section 30252 of the Coastal Act sta,,,C�s, - relevant part:
The location and amount of ne�v (J�Welopment should maintain and enhance public access
to the coast by ... (4) providing adecuate parking facilities orproviding substitute means of
serving the development m1h poLl�lc transportation...
Sections 30210, 30211 and 30212 of r,,',_�e Coastal Act require that new development provide
maximum public access and recre2tiC�',, .-",,oid interference with the public's right of acquired
access, and provide public access fro!r� tl'�,3 nearest public roadway to the shoreline and along the
coast except under certain cjrcumstan-le�-_
The Lido Marina Village area of New,,., -)q Ciiarbor is designated for Recreation and Marine
Commercial and/or Retail and Serv�ce Ccl�-nmercial uses. The surrounding area is currently
developed with similar private comn�,�.,J�.�; '.Doat docks, retail establishments, restaurants and a
waterfront walkway. These existing provide public access.
Section 30252 of the Coastal Act reqt..'�rels, the protection of public access to the beach. An
adequate quantity of public parking s,p.icl- maintains this access. However, public access can be
adversely affected if corni-Tiercial us,-:-, s�� ��i as the proposed charter service, in the coastal zone do
not provide adequate on-site or dedlc�: �-e,�, Darking to serve the proposed development. In cases of
inadequate parking, charter passe ncj,,, 's ..�'julcl displace other public users from public parking
spaces.
The applicant is subject to City of Ne Beach Municipal Code Chapter 5.18 for operation of
marine charters (Exhibit 4). Accordi; le City Code, each charter must apply for a Marine
Charter Permit from the Revenue Div )f the City. Section 5.18.040 specifies that
5-00-308
(Marvin Engineering Co., Inc.)
Page 8 of 9
11 an application shall be denied if there is substantial evidence that:...
3. The proposed charter does not provide facilities to ensure adequate off-street parking, or
the safe loading and unloading or passengers and supplies. For the purpose of this
section, parking shall be considered adequate only if one parking space is provided for
each three passengers or the applicant can demonstrate, to the satisfaction of the Revenue
Manager or Harbor Inspector, that fewer spaces are required because of written passenger
commitments to carpool or use different forms of transportation, "
The applicant has obtained authorization to use 89 of the 383 (plus 154 valet spots) at the Lido
Marina Village parking structure. They have also been granted approval to use all 83 spaces within
the City of Newport Beach City Hall to meet their parking needs after 5:30 p.m. Monday—Friday,
Saturday all day and Sunday after 1:00 p.m. The applicant states that in the past seven years they
have utilized the City parking lot only three times. When parking needs cannot be met at the Lido
Marina Village parking structure or City Hall, passengers are bussed/shuttled to the charter yachts,
The applicant has also provided a parking study based upon last year's operation of the Electra,
Athena, and Galatea (no longer in use) vessels during peak use season. The Newport Princess
will replace the Galatea, which was a 100 -passenger vessel. As such, the applicant will have the
capacity to charter 150 more passengers than before. The parking study indicates that the existing
parking arrangement is adequate to support the additional charter use. No public parking spaces
will be required to support the charter service.
To ensure that the applicant continues to provide the necessary parking for each charter, the
Commission imposes Special Condition 2. Special Condition 2 requires the applicant to comply
with the parking requirements for Marine Charter Permits set forth in Newport Beach Municipal
Code Chapter 5.18. With this condition, the applicant must demonstrate to satisfaction of the City's
Revenue Division that they will provide adequate off-street parking for each charter.
Consequently, the proposed dock reconfiguration and additional charter service will not adversely
effect public parking in the subject area.
As conditioned, the Commission finds the proposed development is consistent with the public
access policies of the Coastal Act.
D. LOCAL COASTAL PROGRAM
Section 30604(a) of the Coastal Act provides that the Commission shall issue a coastal permit only
if the project will not prejudice the ability of the local government having jurisdiction to prepare a
Local Coastal Program which conforms with Chapter 3 policies of the Coastal Act.
The Commission certified the Land Use Plan for the City of Newport Beach on May 19, 1982. As
conditioned, the proposed development is consistent with the policies contained in the certified
Land Use Plan and with the Chapter 3 policies of the Coastal Act. Therefore, approval*of the
proposed development will not prejudice the City's ability to prepare a Local Coastal Program for
Newport Beach that is consistent with the Chapter 3 policies of the Coastal Act as required by
Section 30604(a).
5-00-308
(Marvin Engineering Co., Inc.)
Page 9 of 9
E. CALIFORNIA ENVIRONMENTAL QUALITY ACT
Section 13096 of the, Commission's regulations requires Commission approval of Coastal
Development Permit applications to be supported by a finding showing the application, as
conditioned by any conditions of approval, to be consistent with any applicable requirements of the
California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a
proposed development from being approved if there are feasible alternatives or feasible mitigation
measures available which would substantially lessen any significant adverse effect which the
activity may have on the environment.
The proposed project has been conditioned for consistency with the marine resource protection
policies of Sections 30230 and 30233 of the Coastal Act. Mitigation measures, in the form of
special conditions require 1) removal of construction debris and minimization of construction
impacts, and 2) conformance with the City of Newport Beach Marine Charter Permit requirements,
will minimize all adverse effects. The proposed development, as conditioned, is consistent with the
Chapter 3 policies of the Coastal Act. There are no feasible alternatives or mitigation measuFes
available which will lessen any significant adverse impact the activity would have on the
environment. Therefore, the Commission finds that the proposed project is consistent with CEQA
and the policies of the Coastal Act.
H:�Staff Reports �Sept=5-00-308 (Electra Cruises).doc
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ARINE DEPT.
CITY OF NEWPORT BEACH
Chapter 5.18
MARINE CHARTER PERAUT
Sections:
5.18.005
Purpose and Findings.
5,18.010
Definitions.
5.18-020
Permit Required—V'clations.
5.18.025
Exceptions.
5.18.030
Application for Permit.
5.18.035
Marine Charter PfUzng Fee.
5.18.040
Issuance of Permit.
5.18.045
Conditions.
5.18.050
Indemnification.
5.18.055
Transfer Prohib?--d.
5.18.060
Penalty.
5.18.005 Purpose and Findhags_
The City Council of the City of Newport Beach,
in adopting the ordinance codified ,n this chapter,
finds and declares as follows:
A- Newport Bay is a Urnited resource with a
large marine and recreational use.
B. In the past few years, there- has been a dra-
matic increase in the number of char�tr vessels
operating in Newport Bay;
1. Many of these vessels are ownt�l r�r operated
by persons who do not have a fixed base of opera-
tion on or near the bay that can providc ulie parking
or sanitation facilities necessary to -,-- r�c ,heir clients
and customers.
C. Charter activities will, if unre-,j!.�� contin-
ue to increase the demand for availabit waterfront
parking that is already in short supq 1,, which will
increase traffic congestion in the wate-Front areas,
continue to generate levels of noise whLid-i., on occa-
sion, have interfered with the man,' , s' ' lents who
live on the bay, and continue to prts,�it a risk of
direct discharge of waste into the
D. The requirements of the chart�t- ?,:--,-.-,"ntcessary
to minimize the trff-ic congestion, p�ai-!__;,,.�,g shortag-
es, excessive noise, and the dischar,-c .-�`waste that
could result from unregulate�d chai4t.- ��::Uvlty_
E. Ile charter activities not rei.',� 17�.�. by Cbap-
ter 17.41 and this chapter are t-hosf- ,v� ',-h involve
167
5.18-005
so few people as to have only a minimal impact on
the traffic, parking and noise problems associated
with other charter activities.
F. Charter activities on Newport Harbor demand
additional City services which are not paid by the
patrons or passengers of charter vessels operating in
a commercial capacity of the harbor. (Ord. 94-33
I (part), 1994: Ord. 88-37 § I (part), 1988)
5.18.010 Definitions.
For the purpose of this chapter, the following
&finitions shall apply:
A. "Bamboat charter shall mean any vessel not
inspected by the United States Coast Guard under
title 46 of the Code of Federal Regulations and
which has been chartered for consideration.
B. "Charter" shall mean any vessel inspected by
the United States Coast Guard under title 46 of the
Code of Federal Regulations and which has been
chartered for consideration.
C. "Chartered for consideration" shall mean a
vessel which has been hired or leased by the owner,
directly or through a representative, to any person
for a voyage in exchange for the payment of money,
the receipt of something of value, or the forgiveness
of a debt.
D. "Commercial fishing vessel" shall mean a
vessel registered by the Department of Fish and
Game pursuant to Section 7880 of the Fish and
Game Code of the State of California, when operat-
ing under the authority of the fish and game permit
outside Newport Harbor.
E. "Sailing club" shall mean an organization
operating from a fixed location and principally
engaged in the coordination or facilitation of the use
of pleasure boats by its membership.
F. "Applicant" shall mean the owner of the
vessel or authorized representative of the owner.
G. "Sportfishing charter" shall mean a vessel
chartered solely for sportfishing outside of Newport
Harbor.
H. "City Manager shall mean -the City Manager
of the City of Newport Beach, or his or her respec-
tive assipees.
5.196.010
1. "Revenue Manager" shall mean t -l. -,c /enue
Manager of the City of Newport Beach or S
D., her
designee.
or certificated charter on the waters of N, %v
J. "Newport Bay" shall mean all
V1 thin
the corporate limits of the City of Newpc; L
3--ach
and within which the tide ebbs and flo,�vs,
itther
or not the ordinary or mean high tide of tl
a�--ific
Ocean has been fixed by ordinance,
c-ourt
action or otherwise, and whether or no,
12nds
lying under the tidal water are privately o- :�t
)!,;cly
owned.
C. No person who owns a certiflaat,
YL "Person" shall men an individuall, 7�'.
vessel inspected by the United St2tts C,-��
ship, firrn, partnership, joint venture,
pursuant to Title 46 of the Code of Fcd
business trust, company, corporati-on,
tions) shall permit or allow the usc of t'
committee or any other organizaE-Dn or -,--p
of
persons acting in concerL
without first obtaining a marine chl-lfler
L. "Harbor Inspector" shall mcan
-bor
Inspector of the City of Newport Btac'E, i,
� is or
her designee.
M. "Operator shall mean the p,-rssor,
-,xr-
ales or who has charge of the navigatio.'l C:.-
iSc_- of
a vessel.
N. "Passenger" shail mean every pL,,m,
-�+hi��r
than the master and a member of the
--h cr
persons employed or engaged in �y -a--
c n
board a vessel in the business of that v s-�
"",Ird.
� -� I
94-33 § I (part), 1994: Ord. 88-37 § I t"';
��' 8 8)
5.18.020 Permit Required—Viol
A- No person shall operate any bart�
rttr
or certificated charter on the waters of N, %v
without first obtaining a marine chart --r
>,u
suant to this chapter.
B. No person shall schedule, arran-�.,
-di
nate the operation of a bareboat char,er
ed charter on the waters of Newport
0�1
first obtaining a marine charter pc --=jt
�t �3
this chapter.
C. No person who owns a certiflaat,
(a
vessel inspected by the United St2tts C,-��
d
pursuant to Title 46 of the Code of Fcd
I
tions) shall permit or allow the usc of t'
a certificated charter on the waters of N�--,:,�
3ay
without first obtaining a marine chl-lfler
�U�.-
suant to this chapter.
168
D. No person shall operate a bareboat charter or
certificated charter on the waters on Newport Bay
without having a valid marine charter permit on
board the vessel at all times during the charter.
E. No owner of a vessel shall permit that vessel
to be used as a bareboat charter on the waters of
Newport Bay unless a marine charter permit has
been issued for the bareboat charter. (Ord. 94-33
1 (part), 1994: Ord. 88-37 § I (part), 1988)
-5.18.025 Exceptions.
The provisions of this chapter shall not apply to
the following:
A. Any vessel operating pursuant to, and in
compliance with conditions of, a valid permit issued
pursuant to Chapter 17.41 of the Newport Beach
Municipal Code;
B. Any commercial fishing vessel traversing the
waters of Newport Bay to engage in commercial
fishing or other operations outside of Newport Bay;
C. Vessels operated by a sailing club while
canrying six or fewer passengers, provided at least
one of the passengers is a member of the sailing
club;
D. Sportfishing charters;
E. Any charter carrying six or fewer passengers;
F. Vessels used solely for the purpose of boat
repair, maintenance or marine construction. (Ord.
94-33 § I (part), 1994: Ord. 89-37 § I (part), 1988)
5.18.030 Application for Perrnk
Application for permit pursuant to this chapter
shall be filed with the Revenue Manager upon forms
provided by the City and shall contain the following
information:
A. Ile name, business address, and business
telephone number of the applicant;
B. The name, address and telephone number of
the vessel owner,
C. All pertinent information relative to the vessel
including, but not necessarily limited to, the name
of the vessel, the registration number of the vessel
assigned by the Department of Motor Vehicles or
the United States Coast Guard, the make and model
of the vessel, the length of the vessel, and any
unique or special features of the vessel;
D. A full description of the proposed charter
including:
1. T'he hours of operation,
2. Tle route or routes of travel,
3. Maximum number of patrons or passengers,
4. Embarkation and debarkation points,
5. Activities to be conducted on board the char-
ter, including any entertainment,
6. Description of any sound amplification pro-
posed to be use:4
7. Description and location of the parking facili-
ties available for the charter, including any written
agreement pursuant to which the applicant has ob-
tained the right to the parking facilities, and the
method by which the applicant proposes to notify
all passengers or patrons of the requirement that
they park in the designated area,
1 8. A dmription of the mariner in which the ap-
plicant intends to dispose of all sewage, a -ash and
litter resulting from the charter, and
1 9. Other information which may be pertinent to
vehicular or marine traffic, parking, noise, pollution,
litter or any other matter which could adversely
affect the health, safety or welfare of those who use,
enjoy, or own property near the waters of the New-
port Bay;
E. Such other infon-nation as the Revenue Man-
ager deems reasonably necessary to determine
whether to issue a permit;
F. The application shall be filed no later than
five working days before the date the charter is to
occur. Applications may be considered if: (1) filed
no later than two full working days before the char-
ter is to occur; (2) the applicant demonstrates good
cause for the delay in filing; and (3) the proposed
charter does not rNuire speciai investigation or the
imposition of special conditions. (Ord. 94-33 § I
(part), 1994: Ord. 88-37 § I (part), 1988)
5.18.035 Marine Charter Filing Fee.
An application for a marine charter permit shall
be accompanied by a n
of the City Council; provided, however, the fee shall
5.18.030
be no greater than necessary to defer the costs in-
cun-ed by the City in administering the provisions
of this chapter. (Ord. 94-33 § I (part), 1994: Ord.
88-37 § I (part), 1988)
5.18.040 Issuance of Permit.
A. Upon receipt of an application for a marine
charter permit, the Revenue Manager or Harbor
Inspe,ctor shall investigate the infon-nation contained
in the application issue the permit upon a deter-
_'�a�mation�at a�pproval will not adversely t
health, safety or welfare of those who use,=Ioy, o,
'i
own, property near the waters of Newport Bat:yl Oe
application shall be denied if there is silbstantW
evidence that:
1. The proposed charter is likely to create noise
which would adversely affect the use or enjoyment
of the waters of Newport Bay by members of the
public, or interfere with the rights of those who own
property on or near the waters of Newport Bay;
2. The proposed charter is likely to contribute
to the problem of pollution or litter on and in the
waters of Newport Bay;
3. The proposed charter does riot provide facili-
ties to ensw-e adequate off-stroet parking, or the safe
loading and unloading of passengers and supplies.
For the purpose of this wxtion, parking shall be
considered adequate only if one parking space is
provided for each three passengers or the applicant
can demonstrate, to the satisfaction of the Revenue
Manager or Harbor Inspector, that fewer spaces are
required because of written passenger commitments
to carpool or use different forms of transportation,
4. The proposed charter, when viewed in con-
junction with other anticipated charters and marine
operations, is likely to create marine traffic conges-
tion or otherwise interfere with the rights of others
to use the waters of Newport Bay;
5. Ile applicant has misrepresented material
facts in the application;
6. The applicant has, within theRTS�&n�gnine�
(90) days, failed to comply with a condition im-
_k�� on a previously issued marine cii��r �Permit'
the applicant received notice of the violation, and
169
19.040
either failed to appeal the notice of violation or the
decision on the notice of violation has become final;
7. The proposed charter would not comply with
applicable City, County, State or Federal require-
ments of law;
8. The vessel proposed to be used by the appli-
cant has not been inspected and the sanitation sys-
tem approved by the City for charter use;
9. The applicant has, within the preceding
twelve (12) nonths, violated this ordinance and/or
provisions ofFedieral or State law because the appli-
cant has discharged, or permitted or allowed any
other person on the vessel under his or her control
or command to discharge any human or animal
excreta from any head, toilet, holding tank or simi-
lar facility on a vessel into the waters of Newport
Bay, the applicant has received notice of the viola-
tion, and a decision on the violation has become
final.
B. In the event the Revenue Manager or Harbor
Inspector denies the application, the. applicant shall
have the right to appeal the decision, to the City
Manager, by filing a written appeal with the office
of the City Manager within five working days from
the date on which the applicant has notice of the
decision, or at least two working days before the
date and time of the proposed charter, whichever
provides the most time for consideration of the
appeaL The City Manager shall consider the appeal
and render a decision within twenty-four (24) hours
(exclusive of weekends and holidays) from the date
of the appeal. The decision of the City Manager
shall be final.
C. Ile term of the permit shall extend only for
the duration of the charter for which the permit was
issued. (Ord. 94-33 § I (part), 1994: Ord. 88-37 §
I (part), 1988)
5.18.0-45 Conditions.
A. The License Supervisor may impose any
condition on the permit reasonably ncctssary to
insure the proposed charter provides adequate park-
ing facilities, does not create noise, does not pollute
or litter the waters of Newport Bay, does not create
marine traffic congestion and does not otherwise
170
adversely affect the persons using, working in, or
living around Newport Bay. Failure -to comply with
conditions imposed on any marine charter permit
shall constitute a violation of this chapter.
B. All permits issued pursuant to this chapter are
subject to the following standard conditions:
1. Adequate off-street parking shall be provided
for all passengers on the bareboat charter or certifi-
cated charter,
2. No passenger loading or unloading is to occur
at any gas -dock or public dock;
3. Passengers transported to or from the charter
shall not be picked up from, or unloaded on, City
streets;
4. All passengers shall be loaded and unloaded
only from docks or piers in commercially -zoned
districts;
5. No amplified sound shall be allowed to ema-
nate from the interior of the vessel;
6. No music or sound shall be audible at a point
fifty (50) feet from the bull of the vessel;
7. Music, live entertainment� and all forms of
amplified sound are prohibited after ten p.rrL;
8. Air horns, whistles, bells, and other
noisemaking equipment shall not be used;
9. All trash and litter generated by the charter
shall be properly disposed of in private trash recep-
tacle;
� 10. All charters shall operate in main navigational
channels, as far from shore as practicaL and the
route of travel must be at least one hundred (100)
feet from any residence;
11. Each vessel shall be equipped with Coast
Guard -approved holding tanks for raw sewage;
12. All Federal, State, County and City statutes,
rules, ordinances, laws and regulations shall be
obeyed. (Ord. 88-37 § I (part), 1988)
5.18.050 Indemnification.
Permittee shall defend, indemnify, and hold City
harmless from and against any loss, liability, claim,
damage or injury that is in any way related to the
bareboat charter or certificated charter for which a
pen -nit is granted pursuam to this chapter. (Ord.
88-37 § I (part), 1988)
5.18.055 Transfer Prohibited.
No permit issued pursuant to this chapter shall be
transferred, sold or assigned. Any attempt to U=s-
fer, sell or assign the permit shall render the permit
void and of no force and effect. (Ord. 88-37 § I
(part), 1988)
5.18.060 Penalty.
Any person violating the provisions of this cbap-
ter shall be guilty of a misderneanor. (Ord. 88-37 §
1 (part), 1988)
171
5.1-8.055
Chapter 5.20
PAWNBROKERS, SECONDHAND DEALERS
AND JUNK DEALERS
Sections:
5.20.010
Pawnbroker Defined.
5.20.020
Pawnshop Defined.
5.20.030
Secondhand Dealer Defined.
5.20.040
Junk Dealer and Junk
CoBector Defined.
5.20.050
Permits.
5.20.060
License Fees.
5.20.070
Reports to Police.
5.20.080
Records Required to be Kept.
5.20.090
Failure to Comply Unlawful.
5.20.100
Disposition of Articles.
5.20.110
Exempt Transactions.
5.20.120
Hours of Operation.
5.20.130
Property Received from
Outside State.
5.20.140
Application of Reports and
Records Provisions to Other
Merchants Selling Secondhand
Artidles.
5.20.010 Pawnbroker Defined.
The term "Pawnbroker" shall mean a person, firm
or corporation engaged in conducting, ma aging or
carrying on the business of loaning money, for
himself or for any other person, upon personal prop-
erty, personal security, pawns or pledges, or the
business of purchasing articles of personal property
and reseUing or agreeing to resell such articles to
the vendors or their assignees, at prices agreed upon
at or before the time of such purchase. (Ord. 1295
§ I (part), 1969)
5.20.020 Pawnshop Defined.
The term "pawnshop" shall mean any room store
or place in which business or activity described in
Section 5.20.010 is engaged in, carried on or con-
ducted. (Ord. 1295 § I (part), 1969)
h. Application No. 5-00-308 (Marvin Engineering, Newport Beach) Application of
Marvin Engineering Co. Inc. Dba Lido Marina Village to modify commercial dock to
accommodate new charter vessel for Electra Cruises, at 3400 Via Oporto, #104,
I I 4�,wport Beach, Orange County. (ALK -LB) [APPROVED WITH CONDITIONS]
PO. BOX 1768, NEWTIPORT BEACH, CA 92658-8915
/Qpo�z
July 20, 2000
Ian Bruce, President
Newport Sailing Club
3424 Via Oporto, Suite 204
Newport Beach, Ca 92663
Dear Mr. Bruce:
Your recent letter requested a response to the question is the City being selective in
enforcement of berthing regulations for commercial marinas. No, the enforcement will be
unifonn throughout the harbor. In the past, inspection of commercial marinas was
complaint driven. Our newly formed Harbor Resources Division has the mission to
inspect all marinas relative to the City Council Harbor Permit Policies and Municipal
Code regulations. It just so happens that Lido Village Marina was one of the first to be
inspected and therefore, your club and Windward Sailinar Club the first sailing clubs on
ZD
notice to comply with the berthing regulations.
The Harbor Resources Division wants to thank you for your cooperation in this matter
and please feel free to call us at 644-3043 if you require additional information.
Sincerely,
Wes Armand
Harbor Inspector
Cc: Dave Kiff
Tony Melum
3300 Newport Boulevard, Newport Beach
NEWPORT SAILING CLUB
ACADEMY OF SAIL
Wednesday, July 12, 2000
Mr. Tony Mellum
Dept. of Harbor Resources
City of Newport Beach
3300 Newport Blvd,
Newport Beach, Ca. 92663
Dear Mr. Mellum,
I
The Newport Sailing Club has made every attempt to comply with the
various edicts and regulations regarding the disbursement of their
charter fleet as per the instructions from the City of Newport Beach.
It has meant a substantial financial loss to the NSC.
It seem's that these requirements are indeed selective. I made a
cruise by launch and by foot of our competition, namely Windward
Sailing Club and specifically the Lido Sailing Club.
I would like to'lodge a complaint against the docking procedures of the
Lido Sailing Club. They are in total disregard of the very laws to which
we have complied.
There were in excess of seven violations visible on Sunday, July tenth.
One instance showed it required removal of a minimum of two vessels
to access the fairway.
Thank you for correcting this matter.
Sincerely,
lan'Bruce President
Newport Sailing Club
Cc David Kiff
TEL (949) 675-7100 IN LIDO MARINA VILLAGE FAX : (949) 675- 2417
3424 VIA OPORTO, SUITE 204, NEWPORT BEACH, CALIF. 92663
CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT
HARBOR PERMIT APPLICATION (Please print all information)
Z
1. Apolicant (Property Owner) Address; Telephone
3-Llee V/�I- 4ek5�,04-
2. Project Address (Street Address) Harbor Permit Number
3. New Construction Revision. Maintenance , Dredging
4. Fee ;2-2 Check No. -7 Date
5. Brief Description of Proposed Work: sv foegAw---� S:�� J-
6. Submit 8 1/2" x 11 " Drawings (3), Include:
1). Location and dimension of proposed structure including piles and location of existing structures.
on adjacent properties.
2). Location of bulkhead, pierhead and project lines.
3). Location of property lines.
4). Location of channel markers within 200 feet.
5). Lot sizes and lot numbers, if available.
6). Existing ground profile beneath proposed structure.
7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W.
8). Area and profile of any proposed dredging with elevations showing depths with respect of M. L. L.W.
9). Any special conditions affecting the construction or affecting boating operations,
1 0).Complete all information required in information block, bottom of sheet. Note that the OWNER.
of the property is the applicant.
11). Drawing size shall be 8 - 1/2" x 11
12).Scale shall be adequate to clearly show the above information.
13).Existing structures shall be shown in lighWs_h'�s. New work shall be shown in heavy solid lines.
7. Owner -Builder Declaration must be mple d (on rev side of this sheet)
8. Applicant's/Agent's Signature: 2i ldf-- Date: _&/C� C7 -
Joint Permittee Signature (if applicable':'
) Date:
9. Work can begin once the City has received evidence of the following additional approvals and you have
been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach
Municipal Code and subject to penalties.
10. Your permit will not be final until we have conducted an on site inspection once construction is
completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection.
OFFICE E ONLY
V Approval in Concept.
Approval of the City of Newport Beach Council.
v'."Approval of the Army Corps of Engineers
V- Approval of the California Coastal Commission.
�Approval of the City's Public Works Department.
__J��`Approval of the City's Building Department
Approval of County of Orange.
Electrical and/or plumbing permit (Building Department)
Issued. (Permit is stamped drawing)
Site Inspection. (call 644-3043 for appointment)
Site Re -inspection
Conditions:
Date
Date
Date
Date
Date
Date
Date
Date
Date
Date
Date
HARBOR PERMIT APPLICATION
(Please print all information)
Elecbra Cruises 3405 Via Oporto, Newporb Beach (949) 723-1069
1. Applicant (Property Owner) Address Telephone
3400 Via Oporto, Newport; Beach 7,�4 - I q- 0 6)
2. Project Address (Street Address) Harbor Permit Number
3. New Construction Revision X Maintenance - Dredging
4. Fee $351.00 71�clheck No. 2741 — Date -8/24/99
Brief Description of Proposed Work:
modify dock
6. Submit 8 1/2" x 11" Drawings (3), Include:
1. Location and dimension of proposed structure.
2. Location of bulkhead.
3. Location of property lines and lot size.
4. Location of channel markers within 200 feet of proposed project.
5. Existing ground profile, and area and profile of any dredging with elevations showing depth relative
to MLLW.
6. Elevations of top and bottom of piles and bulkheads with respect to MLLW.
7. Any special conditions affecting the construction or affecting boating operations,
8. Owner Builder/Contractor Declaration/Insurance Information.
7. Owner -Builder Declaration must be completed (on reverse side of this sheet)
X
8. Applicant's/Agent's Signature: Date: August; 25, 1999
9. Work can begin once the City has received evidence of the following additional approvals and you have
been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach
Municipal Code and subject to penalties.
10. Your permit will not be final until we have conducted an on site inspection once construction is
completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection.
OFFICE USE ONLY
Approval in Concept. Date
Approval of the City of Newport Beach Council. Date
pproval of the Army Corps of Engineers Date
���Approval of the California Coastal Commission. Date
v"' Approval of the City's Public Works Department. Date
Approval of the City's Building Department. Date
Approval of County of Orange. Date
ssued. (Permit is stamped drawing. Date
72�
Site Inspection. (call 644-3043 for appointment) Date
Site Re -inspection Date
Conditions:
OWNER -BUILDER DECLARATION
I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec.
7031d.5, Business and Professions Code). Any City or County which requires a permit to construct, alter,
improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit
to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law
(Chapter 9, commencing with Section 7000) of Division 3 of the �aitness and Professions Code) or that
he is exempt therefrom and the basis for the alleged exemption. violation of Section 7031.5 by any
applicant for a permit subjects the applicant to a civil penalty for not,more than five hundred dollars ($500).
1, as owner of the property, or my employees wit4� wages as, t,0eir sole compensation, will do the
work, and the structure is not intended or1offerqdJdrsa16�(Sec. 7044,kBusiness and Professions Code:
The Contractor's License Law does not.apl5ly-to anbwh ei�-& property who builds or improves thereon, and
who does such work himself or throu�o hi: loyees, provided
own Imp that such improvements are not
intended or offered for s4'eY"4,f,PNowever' the building or improvement is sold within one year of
completion, the owner -builder will h6�e-i:14 burden.,of proving that he did not build or improve for the
purpose of sale.)
1, as owner of the property, am exclusjve,� contracting with licensed contractors to construct the
project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to, an
owner of property who builds or improves thereon, and' who contracts for such projects, who builds or
improves thereon, and who contracts for such projects with a Contractor'(s) License pursuant to the
Contractor's License Law).,
I am exempt under Sec. of Business and Professional Code for this reason:
Owner's Signature: XXXXXX Date: XXXXXX
Contractor: Shellmaker Inc. Telephone:(949) 548-5359
Address: 875 B West 15th Street, Newport Beach, CA 92663-2701
License class A&B 'State Board No. 561434 City License No. 9 6 0 0 2 2 10
LICENSED CONTRACTOR'S DECLARATION
I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and P�Tfessions Code, and my license is in full force and effect.
Contractor's Signature ,4 C Date: August 25, 1999.
C�_
GROUND LEASE,
A R T I M5
Tile r)artj.QS tr,:this Gro'
und Lease (t.jje Lc.av
are r
SAV,1YJVP an,.! rL, :,A!'L G.
]AN01', r�,. SAV. YER, husband and wife (herc�inafter refe,-raa
'LO as "LES.c3C)RF,) . and DONALD ;.I. 1,,OLL and
D0.11ZOTRY 13. '01,,
Wife, (hf_,j-ein,.Lf-,3r referied to as "LE.-,Sr,_r
2. PROP;�M-ITY LEASno
LESSOP' lictrob
y LBsS-"E and LESS
ZE leases froTM
LESSOR,
UPOn the terms aiid conditions
set fojeth hereim, the property
de-scribad i1i Exhibit �iattached bereto (.Lll-- "Pro orty"), subject
p
to easements and rights Of way of record for utility purp-oses.
3.
3.1 Initial Term
The' initi:
�al term Of this Lease
(hereinafter ref"
to as "Lease Term"), -erred-
for a period of
-a
fiftY-five_(5��)-yv rs
commencing nJune li 197$lan) shall terninate Upon the lapse of such
period unl
C: -G under "3.2
22��� EX -tend "_ b-- low, to
extend..t�e,, L . . . I
ease.. Tej7
m.' I:h. no event shall-the'Lease-Term--continue
beyond t�60-�ez iod
-Our --(94) rom its'-cOrMlencement.
'2 c)
Extend
at his Option be entitled to
LEES'�k�, extend
the Lea�el�,*�rm undo"'
�':Ithe terms anci Conditions of this Lease,
.j,
except as s IT
Pecified iii 4 R E'N T 1 4.2 Rent
al Adjustme,nt" below, for
one (1) additional thirt
Yrnine (39) Year period by the tj
mely
exercise 0, the op—
tion--toiextend as granted'herein.
LESSEE shall
exercise the Option to extend.by mailing-to-LESSoR.,
'on ths
p . rior to the termination of the initial -term, written notica of
LESSP-E's intention to extend.
(fir
'7.ST0RAT10';4 op I
. .I; I
a-nythi21g ill this Loase to t C t :y
110 on ral.
:. LrSS)MI With P2.0per notification to suhtcnallts 1511t Wjtljou� prior
Of LESSOR, May de;nali-h and rc,
r,,�ovn all i) P c; Its
11 ro., .C? r Orl
the Property and reconstruct such ot1l' :1
er ir-,PrOvOmentS as LESS17E
.shall deem appropriate. This rigIlt sl_ '1 include, but, is not -
'a,
limited to, the right to demolish, remove 'and/or rearrange the
boat slips and piers.
If duri'14 the term hereof improvements, if
co:lstructed on the.Property or any part thereof, shall be damaged
-Or destroyed by fire or other Casualty, LESSEE may,*at his cost
and expense either (i) repair, replace or restore the improvements,
or (ii) tear down and remove the same from the Property. if
LESSEE shz4ll elect to repair, replace ' or restore the improve"ments,
the work thereon shall be Commenced within one hundred fi'fty (150)
days after the dawage occurs and shall be Completed i.,Ti'
th due
diligence after the commencement of the work.
If LES�SEE shall
elect not to repair or restore the improvements, LESSEE s . hall,
within one hundred fifty (1:50) days after th*e danrage occurs, tear
down and . remove all parts -thereof -then remaining an'
d the debris
resulting from the �Fire or other casualty a'
nd otherwise clean -up
the Property. Regardless- of any such damage*Oz'.destruc
tion, this
Lease " shall continue in force and effect until termination as
elsewhere prov'ided in this Lease. Provided, however, that if
LESSEE's inteXest-in this Lease is subject to an encumbrance,
LESSEE shall.be required to repair, replace or restore the
improvements in the event of such damage or destruction . to the
extent that the Proceeds of an insurance under the Provisions of
y
LI�SURAINCV below, are available, unless the encumbrancer
otherwise agrees.
�AIVJ � le r
COVENANTi" jW
LESSOR covenants with LESSEE that he is lawfully seised
in fee simple'of the Property; that he has the right to lease it;
that he warrants and will defend the title of, the Property against
the lawful claims and demands of all person., ata th4t he will do
any further acts for the purpose Of Perfecting the titl .
e that LESSEE
May reasonably require.
25. QUIET ENJOYMENT
LESSOR agrees that he will not disturb the quiet enjo . Yment
of the Property and that he will defend such quiet enjoyment against
the lawful claims and demands Of all persons. 1-n-this-regard,LESSOR
hereby assigns to LISSEE any and.all-v
-roperty—and-pier_-rights ana
tidelands use permits issued to LES
_j�. Is representatives. or
nominee, - by - the City of Newport Beach or
the County Of Orange.
LESSOR hereby agrees I to execute any and all documents necessary to
effect such an assignment.
26. COOPERATION
LESSOR agrees to cooperate fully with LESSEE in LEssE.Els
.development of the Property inclUding the dedication,
easement�' of any portion of in fee or
as the Property required to be . dedicated
a condition to LESsEEs use or improvement of the Property, but
in the event of such dedication the,lessening of the area of the
Property shall not result in a reduction of any rental due hereunder
.Further, LESSOR. agrees tO-cooperate in and execute an documents
necessary to y
secure zoning changes, conditions use permits or
varla * nces necessary for any use Of the Property by LESSEE Or any
.other documents or instruments..
27. CERTIFICATE OF ESTOPPEL
'LESSEE agrees that at any time and from t
ime t0 -time Upon
17
I'll,
tr
�
LESSEE:
M.
nc 7
DOROTHY B; KOLL
�V/ L)
P7,
I lurc
29.5 Ti . is hereby
declared to
be of the
this
Lease.
es'sellce
30.
BXECUTIoN
.OcUtad
1973.
LESSEE:
M.
nc 7
DOROTHY B; KOLL
�V/ L)
P7,
I lurc
CMQUND LF,'ASP
PARTJJ�S
The parties 'to thiS Grounic! (the are EARL G.
jAU'YER and ELEANOR r
SAWYER, hUsband aild reforred
to as "LLSSOR"). and DC)',-1.ALD M1. YOLL anet DC)2,,C1*
T11.1 B.
wife, (hereinafter referred to as "LESSEE").
2. PPrj'PP.-.,)Tv
LESSOR, hereby leases to _TLSSE-Z and LEs
SEE leases from
LESSOP., upon the terras and conditi
OnS set forth herein.,
the prol.-jarty
described in Exhibit "All attached hereto (the "property,,), s
ubject
to easements and rights of way Of r . ecord. for utility purposes.
3. TERM
3.1 Initial Term
The initial 'term of this Lease (herainafter referred
to as "Lease TeriI-") -shall be for a period Of fifty-five�
-ars
YL
COM.Mencing on J . une .1, 1973.and shall terminate upon the IaPs6` Of such
period unless LESSEE elects under "3.2 Option to Extend" below, to
extend the Lease Ter.n. In no event shall the
_,_Lease- Term--continun
beyond the: -period of I In
lfietYiiiiifour� (94) y,','e
�rO.M -its commencement
3_ 2 Ex
t
-tend.'
Ll
hall at his option be entitled to extend
the Leas�e',:�`T'erm under
4'�-1 the terms and conditions of
this Lease,
except as Specified in "4. RENT, 4.2 Rental Adjust. -I
ent" below, for
one (1) additional thirt -nine (39) year period by the timely
y
exercise of the option to extend as granted h*erein. LESSEE shall
exercise the option to extend by
mailing 'to LESSOR, sLc (6) Inonths
prior to the termination of the initial term, wr'itten notice c,�'
LESSEE's intention to extend.
e
Not-WithMianding anything in this Luasc, to the coil tr.-Lj"y
LESSEE with propoi: notification to subtenants Iyut N.,ithout prior
conr,ent of LrSSOR, may dc,,w)lish Fuld rcno%?C 0.1 improvd."..'ents frolz
the Property and reconstruct. such other improvemonts as LFISSEC
shilll Clecm appropriate. This right shall il-Iclude., but is no�'
limited to, the right to delrolisil, remove and/or rearrange the
boat slips and piers.
If during.the term hereof the improvements, if any,
constructed on the Property or any part th�areof, shall be damaged
or destroyed by f ire or other casualty, LESSE2.-. may, ',It his cost
and expense either (i) repair, replace o r restore the improvements,
or (ii) tear clown and remove . the same from the Property. If
LESSEE shall elec�t to repair, replace or restore the improvements,
the WorR thereon shall be commenced within one hun'dred fifty (150)
days after the damage occurs and shall be completed with due
diligence after the commencement of the work. If LESSEE shall
elect not to repair or restore the inprovements, LESSEE shall,
withi n one hundred fifty (150) days after the damage occurs,'tcar
down and remove all parts thereof then remaining and the debris
resulting from the fire or other casualty and other%..,ise clean up
the Property. Reqardless�cf any such damage or*destruction, this
Lease shall continue in force'and effect until termination as
elsewhere provided in this Lease. Provided, ho,,,.,ever, that iT
LESSEk's interest in this Lease is subject to an 'encumbrance,
LESSEE shall be req-uired to repair, replace or"re'store the
improvements in the event of such damage 6r destruction to the
extent that the proceeds of any insurance under t '
he provisions of
"9. INSURANCE" 'belowf are available, unless the encumbrancer
otherwise agrees.
24. Cov HANT:
LEISSOA
Ully
of t)1Q J.'rop(:rty; that ),.a tho to
that lic. i-,,arrants and e?j.l.l clefe, titlu Of tho 11ropurty againot
.)d t13L
the laV.-ful. claims and cl'enlelne"s Of kill persons; and that Ile %.,.ill etc
any fu2.t.1,,ra r acts for the purposo of po3.-,'
lecting the title t)lat 1.1.,
,FSEE
may reasonTl.):tly requi—re,
25. QUIET ENJOYMMNIT
LESSOR agrees that Ile will not disturb the quiet enjoyment
of ths� Property aric, that Ile will defend such quiet en�oy.,---ent acrainsL
i the la�-,!f ul claims and demands of all persai '*s regard L1,tSO1j
is. In thl
hereby asSigns to L1;'.SSEE ally ane all pro
perty and pier rights and'
tidelancls u!,e permits issued to LESSOR, his representatives or
norninee, by the city of Newport Beach or t1he 'County of or
ange
LESSOR hereby a
grees to execu,te any and all documents nocessarylto
effect such an assignment.
26, COOPZPAT10!:1
LESSOR agrees to cooperate full
y with LESSEE in LESSEE's
development of the Property.including the dedication, in fee or
easement, Of ally P02.tion of the Property required to be dedlicated
as a condition to LESSEE's use or improvement of the Property, but
in the event of such dedi6ation the lessening*. of the area of the
. Property shall not result in a reduction of any rental due hereunder.
Further, LESSOR agrees to cooperate in and e'xecute any documents
necessary to secure zoning changes, conditions use permits 'or
variances necessary for any use . of the Property by LESSEE or any
other documents or instruments.
27. CERTIFICATE OF ESTOPPEL
LESSEE agrees that at any time and from time to time upon,/
1
17 Z(
),� t?Lr
29.5 Time is heruby to be of tjjc� ess'ence of
t.tiis Lease.
30.
'This Lease is executed this o
da y f
1973.
Is
G.
—'spoil'y" in�
LESSEE:
DONALD
ne
DOROTHY B./KOLL
19
G H 0 11 -Y 3) 7, E A S 7.1
made thin '21nd day of. by and
C.ATWINT G RO-,!RS and' ARLEEINT-E, L.* R011 -F -S husbezd and -...-If e
(herei naf . te--r; referred to as "Less'or" and jA!--1ES W. BERKSHIRE and
PAU,.T,T
BEM.-SI-11KE, husband and i -life (herej;jafter 0011ectivel�
re-fe=ad to as "Lessee")
ARTICLE I
Property Lessed-
For and In consideration of the palqnen-'- of the rents and
'.2Y.es and other charges and o--:-' the performance of all of the covo-
nants and conditions of this Lease by Lessee, Lessor"hereby leases
to Lessee that certain parcel of 'bed i'
land descri n '-Px'-n--!b 1- t " All ,
toge-6.her with all and other t,
cnances-'s*1't;ug1ed, thereon; attached hereto and r.p-de a part of
L 6, L.
?his Lease (her'-.zinaft.er re�errad to as Ifthe Property"), sulb�eat to
existing leases now on the -Property, and also subiect to p
ease -
e ts, rights, righti.,of wray, covenants, condit-i-ons, and rest'riclUiones
za
-ap;;a::-ent. or of
ARTICLE 11
Term of Lease
The Property is leased for the term of ninet -nin-e
ye az s j c e.n c I ng j-an-",ary 1, 1060' and enndinS December :-1, 220614�; .
subject, tO earlier tarminatio-ti,as hereinafter provided.
AR,27CL-Z
R. -= n 1,; a I
j
1- Sab'ect to `A.Just"Ment as hereinafter In tvhis section
br- o.,tj.t:LC'd to rcactvt" f, 3�0,-bl the, 'Lo,-,jllr f
'111'01ult' COUZ"L; T11 -_Y JUdge 1:0 be reazojl�ablc
for th-0 sorvices romlie-oad the PartY P"OVE1.11inre :Lri any su�cj'
Ul I action
01"
AnTICIAE� X%,V.,[
0 �_,_ L, 1iC LJL_ � i- _tj - e s
le-lasor shall have the right -to. -use
L, _ mj_inside-tie O�nt
slip on the PrOPertyj-not to I _. . -:4
ex`eec thi-rtY-two- (32) In length,
at
U
"Y 011. E. -Il times t1uring 'he trDrin hereof., by GivIng Lessee thir,-,,
(30) days, Prior notice of Lessorin int nd-iol
I'to do so. Lessor
agrees, hov.,c.,Ver., that Laasec-r,_jy
a month-tO-Montb basis
-or other -wise use s�uch, boat slip during period when. Lessor is not
usinf,' it, Provided that LaSsee shall do not n
-hi 9 - to PrOvent-tho
.814 from becomjjjg._aVAj2.able�_to..
Lesso32,u-
,.,.(30) days
notice. Lessor shall notify -Le'
_ 4 w ssee oa. -Ssoris intent to discon-
tInue use of the boat -sliP ten (10) days prior to
cOnmencing dis-
continuance.
.of, Art"Icle Xv):
aunigns, MlcccL;novr, ancl tilibt-clumtj of Lousco. T -V
More than olle per,,,011, t1le cove'nants vuid. obli-
Lossee )!P-rallinelka� shall.ba tho Joint Pnd soveral covo-
In tb-10 ZnUmana.,
Gander 'IM)AIdes the fer,.,-�ritne 'and nc-ii-e*
a-hd t1he sirigular
in-cllla�-s the plural, Yff-leriever t1le c.ozitex,; so r'
equiraz.
VIINUMSOFI, the parties bereto have oxecut-lad th-is
Lease the day and year finzt above writtell.
BBRKSHxkE .
p 71 WE
f-0, h r�
LEA�;E AGREC-MCNT
PARTIES
The par�tics Eo this Loase.Ag
rO.Cm.011t (the "Lnast--11)
JUNE JOMN'SON (berainafter rofe3�red to as "LESSOR,") and DONALD M.
I'OLL (h,:B'rciin�fter-referr ed to as ".LESSEE,,).
2. PROPZ-.:-.Y LEASED'
LESSOR hercby leases to LESSEEI.: and LESSEE leases fro�_,
LESSPR,-upon the terijis and condition's set torth harein, the
��ZOPGrtuY descrilied in Exhibit "A" atitachad hareto, togeLher with
all buildings, structures, ins tall at ions,. �nd improvcj�
,C!nts located
thereon, including pier rignts and all boat sliz
.5 co-inected
thereto Che-�einafter referred to as tj�e uLeased premises"
TER -M
3.1 Initial'Term
The' initial term of this Lease (hereinafter
re ferred &to as "Lease Tern,") shall be for a period of thirty (30)
years commencing on January 1, 197.4 and.shall terminate upon the
lapse Of such period unless LE ct S under "3.2
SSEE ele 0 Rant
.Extend" belOw, to extend the Lease Term.
3.2 pqption to Extend
LESSEE shall �-t his option be entitled to extend
the Lease Term Under all the terms and conditions of this Lease,
except as specified.in REZIM, 4.2 Rental 'Adju st-.Ie'nt" below,
for two (2) 'additional fifteen (15) year 'periods by "he itimmly
oxa.rcisc of the option to extend as granted herein. LESSEE shall
.exercise the opti
.1 on to extend by Mailing to LESSOR, six (6) manths
prior to the termination of tle then existing term, viritte`nt notice
of' LESSEE's intention to extend.
tahin�j to tho next r(!ntal adjuf;LiiinnL d0LU 01: to UIL, dilt:0. OF'
expiration of- the torm of this Lease, whichuvcr dziLc is sconor
Such ronta 1 adjustment shall be madc by rc:ducing thc )�asic Rental
payable by LESSEE in the ratio that the fair. juarlzat value of thc
..-Leased Premises at the 'data of taking, as datermined by LESSOR
bcars to the fair market value of the Lcascd Promises inLmediatcly
thereafter. 'In the event of a dispute bctween LUSSOn and
as to the fair market value, the dispute shall be settled by
arbitration as provided in Article "28. ARBITRATION".
23. COVENAINTS
LESSOR covenants with LESSEE that she is lai-.rfully scisod
,_in fee simple of the Leased Promises; that she has the right to
lease it; that she warrants and will defend the title of the Lcased
-Premises against the lawful claims and demands of all persons;
and that she will do any further acts for the purpose of perfecting
the title that LESSEE may reasonably require.
24. QUIET ENJOY11-IMNIT
LESSOR agrees that she will not disturb the quiet cri-joy-
ment of the Leased Premises -and that she will defend such quiet,
enjoyment against the lawful claims and demands of all persons.
In this regard LESSOR hereby assigns to LESSEE any and all
property and pier..r�g��s and tidelands use permits issued.to
LESSOR, her representatives or nominee, by the City of Newport
Beach or the County of Orange.- LESSOR hereby agrees to execute
any and all documents necessary to effect such an,assignment.
.25. CONDITION OF PREMISES
LESSEE accepts -the buildings and improvemcnts on the
Leased Premiscs in their prcsont condition and without any
representation of warranty by the LESSOR as to the condition of
25 -
111_fi�Wl
with tho land and shall inurc to the bvilafit Of and ?.m bilICU)Ig
upon alld onforccabIc agaiiist, as the casc may be, the succossors
and assigns, of tllc partics.
31.5 Time is hereby declared to be of the esseiicc� of
this Lease.
32. EXECTITIONT
This Lease is executed tkiis q. ilk day of
1973.
LESSSOR:
JUNE J01INSON
LESSEE:
DONALD M. KOLL
-29- Sri,,
L S A'PSE'. C; Zzi, 1E"
PARTIES
to this Lease Agree- "Lease"")
T�e par ment (the
-Lre SAVINGS ;t_'M LO,'�\T ASSOCIATION OF NZ_V_',0O-RT-P-:�S-:kD
hereina-Eter referred to as IILESSCR,,$�.* and DONALD M. KOLL,
hereinafter referred to as 'IfESSEE.-T.
PROPERTY LEASED
IXSSOR hereby leases to-' LESSEE c�nd.-LESSEHF leases fron.,
=-SSOI.R u:Don I -he te-'-.ns 2ina con-CHIZ-4ans set f o r th he-ein the
(the
-property described in Exhibit "A attached heret-
Ill. T E IF LN I
A. corumencemen
The term of this .-ease sha-11-
I—'SSEF, has obta-;ncd -4..he consent of the City of'�Iewpa::t
:%
oa-- be
:She! I no,
L 2
,C_ obtaiy-�
ro c
withh-eld. L -S S shall diI4 ;;a -
Y -a a
t Lr_SSEEVs e: . 4pens-e Provided LE-SSOF, reasonably
ch ronsent a
by. -tine.-Ci-Y of'
Uvan Issuance of a bui1e__"r1.0'
c -t -d
"lPort Beach3 LESSEE agrees to construct Shore Conne
C3
Ci -,y of N :0POrt Bap -ch
conformalrice with the
d floats In the
L
them commeercip-2-2-Y -durin.
policies and operate %-
a-C;ons by an
the Lease unless prevented from con rjU;,-jg op . er
= th e
ithill one (1) yeaA.
of C_over.rj:__enjCP_j entity W
cad, Lease
ate of t1his. Lease the tezla nas not, co -.w. -.en
-C aii
-4.s shall be relieved 0;..
hall terz-Snate and the p2x
LESSEE s
th P
,bligat-iOns .�-Then t e te ---.a ho -S co
nt d-a-ce.o. the
=cyrtlh the co7nm.ence,.�e
:0 LESSOR p 2
_et-er s et
-0 �Ah; s; Lease.
,ease2 which -she- . 11 be- dear -ed arendment
Initial Term
B.
.The' initial term 0-c this Lease:, Chereinaf
shall
Term be ;ror a, period'o,
refe-rred to -as.
above
(20) years to corraence as specified in
-he lapse of such pera_c,:� Imless
and sha-11 te=inate upon
-11 3 belor,2., -to
LESSE'Z elects under ODtion to zxtend
'_7
CO3. j.
50)
c: 0, -,Ln, e n c e;n. a n t
C. oDtion to Extend
LESSE-7 shall at his option, be entitled to ex:tend
Lease Te ---.n under all the terms and cionditions of this Le -ase
for three (3) ae-ditional ten (10) year per; o -7s. by the tim ely exerc.,
of the option --a ex -t -end as c
Tranted herein. LESSEE shal-I
exercise the oDtjon to extend by mailing to LEESSO."D' Wri't.-'%-_-en
notice o� L_PSSEE,S intention to do s6 as provided below.
LESSEE shall, if he desires to extend
the Lease Term for Iten (10) years to a total exter.6ed Lease Te='.'n
of thirty (30) years, mail.notice to LESSOR at any time before
the. end of the na-nefteenth (I -h) -he initial Lease
9' year under-;
Te=
LESSE-7 s1h a 1- 1 If he Olesires to extend
th -Lease. for an aEdit-iona.1 tert (10) years to a totai
to LESSOR
e-Xtenaed Lease Te= o"forty years*, inail na"%ice t
at any time be -Fare the e _n el oA-:-- *the
twenty-n;nth year
uxidr-r the
--nded above-
-Lease Ter= as exzt..,
-3-
o
(3) S`- 51' a 1
the Lease Term fo.- an additional t -en (10) Yea.rs -'0 a
ex --s, mail not'ce to LESSOR
tended Lease Tern, of- Afif ty (50) yea
(39th) year uncer
any time before t1le end of the thirty- -,nth
the Lease Term as exl.:ended. above.
IV RENT
Commencement
-Rent es deter= -Lined herein shall cor;zaence an.d
C e d
accrue to LESSOR upon ccimpletion of th(i shore co'nnecl
er.L-*
-piers a-nd floats described in Exhibit on the Pro -p "Y
by LESSEEE or within six (C) nonths ro-.
the date LESSEE
-receives a building permit from -the City of tewport B'e?-ch
-and ioats, whichever
to consiElzu c I-- the shore connecIt-ed piers.
an d
OCCU-7-s f irit. com-oletion of the shore connected pi.ers
floats shall be evidenced by the -inal, wri tt en approval
of the Newporiz Beach.Harboz Coordinator.'.
B.* DetterMination o--::' Reserved. Re n At
LESSE-7 agrees to pay to L'-:-SSOR, at- s ---C*- -Place
or places as may be aesignated fro,-., ti
me to ti -me by LESSOR,
-4-
bk-,-A
D. Where the consent o—. approval of a pa�-tY
required in this Lease, such consent o:- approval will. no -C
be urreasonably withheld.
%4
xxv]: EXECUT10i
-ZE�d in duplicate in Ore-n,7e
This Lease is execu
C 0 Un ty C a 1 1:-"o rn a t'. -i I s; day of. 7 1972.
L�SSOR.
IMPERIAL SAVINGS AND LOAN.
ASSOCIATION OF NEWPORT—PA-SALENA
By�
LESS EE:
DOINALD Ti. L
-EXHIBIT A
TO LEASZ B E T I z:,N I.
SAVINGS' AND L 0.; N ASSOCiATioz;
OF N '6:73--'POR-J-PAS;0E.NA, LZ:Sk.-R, tAND DON'RLD KOLT, LESSE:E:
The* rights, as an own-er of land abutt--inq Newport
Bay to the extent' such iiahts -ned by LESSOR, to install,
are o,6
maintainp and replace boz-,- sliDs Umon' tl-.= Waj-
%- - - A I - ters of the turning
basin Of Ne�N--00rt BaY adjacent to the hereinafter describea
real propert the right of access to said real
Y
property-...
That real prome'r-tv in 'he City o'A New-oort -B�eachl
L
Coun-Ity of Orange, Sl -.ate of Calilforaia, described
as the north -was--,t-- a= ly 20 feet a' Lol- 7, all of
Lots 8,, 9, 13, and 14, and the
southeasterl 40 feet. Of Lot 15 in. Tract 1622
Y
a..s shown On a Map. recorded in Book 47, Page 39
0'Aff Ki s c e:
Ilan,40us 1-11aps, regords of said cO,-,-,-1ty.
i
Y,E,7�SE AGIUQ,)2ifZT . I
TIIIS LEhSE made as of the Ist day of Dccerjj)Qr .
1971, Y'etvecy, jjjjrry M. 1,,c.
..I.so %,�I-jose adOrcss is post 0-fice
D ox 1.4 5 5 , 1\1 e vZ) o r t- yj e a c 1) CalifOX-21iEs., hereinafter refer).ed
to as I 'LESSOR, I, and Donalcl 1-1. r,011, a married . jr.zIn, as his
s I ole and scParatc property, whose address is 17755 Sky Park,
CiX-cle, Irvine, Californial hereinafter rct-r-,
erred to as
''LESSEE.—
. 1. PROPERTY LEASED
ror and In consideratioyl of the payr.,.c.-nt of th'
a rent
and taxes and other charges, and the P02.7"Lorm-ance- of all the
Covenants and conditions Of this Lease by LESSEE, LESSOR
hereby leases to LESSEE that certairl lot of land situated at
3432 Via Oporto in th . e City of Njewport Beach, County of'Orange,
State of California (the "Property''), raor
C particularly
described as follows:
Lot 24 and the orth'*
n Wcsterly 20 feet of Lot 23, Tract
1.622, as record�d;
in Book 47'11 Page 39 ol. misc
ellaneous Maps,
r1ecolrds of 0
fange'COuDtY, California.
S:ubject to:
and any il--PrOVIMICI'Itr� thoreon frce of wec-dr, and rubbisl), anci
in a c.-I'Can, cnan"Ltaj:� and riazit conflitio-1,
c0n5truc.t, maintain and repair all fa"Cilities and othcr
imP)-()VeM0'ntr, Which may be raquirc-.,d a t any time by law upon or
.aCljoining or in connection with or f --or the use o' the Prop3rty
or any part the roof, and LESSEE shall. makc any an(I all cl i ons
dd ti
to, Or altGratiOns irl ZMY buildings -and structures on tile
Property %-,,hich may'be requircd by and shal). otherwise observe
and comply With any and all public laws, ordinances and
regulations for. . the time being applic.able to the Property ard-
the'improvements thO3700171, LLSSEE agrees to7indemnify and hold
LESSOR hi=.less. against all actions, claims and-damagcs by
reason of LESSEE's failure to keep and maintain the Property
and any buildings and imlirovement5 thereon as hereinabove
provided, or by reason of his nonobservance or nonperformance
Of any law, ordinancc and regulation apiDlicablo thereto.
X1. RE)"LACBMENT OF IMPROVErIENTS
Notwithitanding anything
in this Lease to the contrary,
LESSEE with prb)�er notification to subtenants but without
-r)br ccnsenti.61�',,: LESSOR, may demolish and remove all
mprovemen ts fr"m the Property and reconstruct such other
improvements as LESSEE shall deem appropriate after a Deed
of Trust is recorded evidencing - a- loa'n- to- be utilized.by
:I: LESSEE for the.donstruction of new;%' -on the
improvements
Property. Thi!�'right shall -include*,- but--is--not--limited
-10-
K-110- (�e
thO right to Clemolish, romove ancl/or
rQa373:,11-j�10 the
boa L slips zand picr,;
XII. DAMIAGE OR DESTRUCTION
in the event the improvcment-s co'lstructcd on the
Prop�� I rty by LESSEE are damaged from ally cause', LESSEE shall,
to the extent of the ay.jilaj.)j0 innurance pro,�Ceds,
resto I ra the improvements as n ea).- as possible to their prior
condition or, at LBssBn,s election, construct impro,,,cjjjjcjjts
of a : 'different nature but having a substzintially equivalent
value. In either event the proceeds of' the insurance
described in I Vj. A. above, shall be paid to
LESSEE and applied to the cost of rebuild ing the improvements
Oi the construction of lew improvement -c.
Nothwithstanding anything contained herein to the
contrary, either LESSOR Or LESSEE may terminate this Lease
without further obligation to the other'except as provided
in . "XXVIII. TERMINATION". below, if the improvemonts are
Aamaged to an extent of twenty-five percent (25%) or more
during the last five (5) years of the term of this Lease.
in the event of the termination of the Lease hereunder'.
LESSEE'agrees �hat LESSOR shall receive the proceeds of
the insurance.
Time is of the essence in this Lease.
XXX. EXECUTION
This Lease is executed in duplicate in orange County,
this/---1�7-day of/e-5)Ae2VP2-&0L-1971.
LESSOR
Ha y 14. K so
LESSEE
Donald M. Koll
-28-
- — — - - --------------
982ta)(15.1)
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
FOR COURT USE ONLY
—Joseph E. Thomas (Bar No. 101443)
McDERMOTT, WILL & EMERY
18191 Von Karman, Suite 500
Irvine, CA 92612
TELEPHONE NO.: (949) 851-0633 FAX NO.: (949) 851-9348
ATTORNEY FOR (Name): Plaintiff LW3 Lido Partners
NAME OF COURT: SUPERIOR COURT OF THE STATE OF CALIFORNIA
STREET ADDRESS: 700 Civic Center Drive West
MAILING ADDRESS: P.O. Box 1994
CITY AND ZIP CODE: Santa Ana, CA 92702-1994
BRANCH NAME:
PLAINTIFF/ PETITIONER: LWB Lido Partners, LLC
DEFENDANT/ RESPONDENT: Marvin Eng ineering Co., Inc.
CIVIL SUBPOENA (DUCES TECUM) for Personal Appearance
CASE NUMBER:,
and Production of Documents and Things at Trial or Hearing
OOCC-02974
AND DECLAR-AT!ON
rHE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of witness, if known):
Tony Mellum, City of Newport Beach (Fire & Marine Dept) 949/644-3041
1. YOU ARE ORDERED TO APPEAR AS A WITNESS in this action at the date, time, and place shown in the box below
UNLESS your appearance is excused as indicated in, box 3b below or you make an agreement with the person named in
item 4 below.
a. Date: June 2 5, 2 0 0 1 Time: 9: 0 0 a.m. � x � Dept.: C14 1� Div.: Room:
b. Address: 700 Civic Center Drive West, Santa Ana, CA 92702
2. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS
UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS
BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR
EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE
RECORDS.
3. YOU ARE (item a orb must be checked):
a. __x_ Ordered to appear in person and to produce the records described in the declaration on page two or the attached
declaration or affidavit. The personal attendance of the custodian or other qualified witness and the production of the
original records are required by this subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and
1562 will not be deemed sufficient compliance with this subpoena.
b., Not required to appear in person if you produce (i) the records described in the declaration on page two or the attached
declaration or affidavit and (ii) a completed declaration of custodian of records in compliance with Evidence Code sections
1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope (or other wrapper). Enclose the original
declaration of the custodian with the records. Seal the envelope. (2) Attach a copy of this subpoena to the envelope or
write on the envelope the case name and number; your name; and the date, time, and place from item I in the box above.
(3) Place this first emvelope in an outer envelope, seal it, and mail it to the clerk of the court at the address in item 1. (4)
Mail a copy of your declaration to the attorney or party listed at the top of this form.
4. IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OR DATE YOU ARE TO APPEAR, OR IF YOU WANT TO BE CERTAIN
THAT YOUR PRESENCE IS REQUIRED, CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH YOU ARE
TO APPEAR:
a. Name of subpoenaing party or attorney: Joseph E. Thomas, b. Telephone number: 949/851-0633
Esq
5. 'Witness �ees: You are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you request them
at the time of service. You may request them before your scheduled appearance from the person named in item 4.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT P�"HIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RFSULIING FROM YO"ILURE TO OBEY.
Date issued: June kj 2001
.Josepja. 1�.. :T�ipn�as, . Es.q .. . . . . . . . . . . . .
(TYPE OR PRINT NAME) II61GINtT�E 6F PER60N ISSUING SUBPOENA)
Attorn4Zf Plaintiff
(Declaration in support of subpoena on reverse) (TITLE) Page one of three
Form Adopted for Mandatory Use Code of Civil Procedure,
Judicial Council of California CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE zk�� § 1985 et seq
982(a)(15.1) [Rev. January 1. 2000] AND PRODUCTION OF DOCUMENTS AND THINGS CGOLIkowuncm
AT TRIAL OR HEARING AND DECLARATION
PLAINTIFF/PETITIONER: LWB Lido Partners, LLC CASE NUMBER:
OOCC-02974
DEFENDANT/RESPONDENT: Marvin Engineering Co., Inc.
The production of the documents or the other things sought by the subpoena on page one is supported by (check one):
the attached affidavit or declaration 1 x- ; the following declaration:
DECLARATION IN SUPPORT OF CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL
APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS AT TRIAL OR HEARING
(CodeCiv. Proc., §§ 1985,1987.5)
1. 1, the undersigned, declare I am the plaintiff 7 defendant L_ petitioner respondent
X attorney for (specify): P 1 a int i f f LWB L
other (specify):
Lido Partners LLC
in the above -entitled action.
2. The witness has possession or control of the following documents or other things and shall produce them at the time and place
specified in the Civil Subpoena for Personal Appearance and Production of Documents and Things at Trial or Hearing on page one
of this form (specify the exact documents or other things to be produced):
SEE ATTACHMENT 11211
X Continued on Attachment 2.
3. Good cause exists for the production of the documents or other things described in paragraph 2 for the following reasons:
The requested documents are material to the case in that they relate to
plaintiff's claim for specific performance and breach of contract in connection
with the Purchase and Sale Agreement and Joint Escrow Instructions for the
p.roperty known as Lido Marina Village located in Newport Beach, CA.
Continued on Attachment 3.
4. These documents or other things described in paragraph 2 are material to the issues involved in this case for the following reasons:
That said documents are material to the case and matters which are at issue in
this matter.
Continued on Attachment 4
I declare under penalty of perjury under the laws of the State of California that the fo
Date: June k\ 2 0 0 1
jQPIE211. F, Tliqmap, . Eqq .. . . . . . . . . . . . . .
(TYPE OR PRINT NAME) (SIGNATURE 0
(Proof of service (
true
982(a)(15.1) [Rev. January 1, 2000] CIVIL SUBPOENA (DUCES TECUM) FOR PER E� 'A P P EP
AND PRODUCTION OF DOCUMENTS AND THINGS
AT TRIAL OR HEARING AND DECLARATION
PARTY ATTORNEY FOR
SUBPOENAING PARTY)
CE Page two of three
PI-A.INTIFF/PETITIONER: LWB Lido Partners, LLC CASE NUMBER:
OOCC-02974
DEFENDANT/RESPONDENT: -Marvin Engineering Co. , Inc.
PROOF OF SERVICE OF CIVIL SUBPOENA (DUCES TECUM)
FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS
AND THINGS AT TRIAL OR HEARING AND DECLARATION
I served this Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents and Things at Trial or Hearing
and Declaration by personally delivering a copy to the person served as follows:
a. Person served (name):
b. Address where served:
c. Date of delivery:
d. Time of delivery:
e. Witness fees (check one):
(1) were offered or demanded
and paid. Amount: ...... $
(2) were not demanded or paid.
f. Fee for service: .................. $
2. 1 received this subpoena for service on (date):
3. Person serving:
a. Not a registered California process server.
b. California sheriff or marshal.
C. Registered California process server.
d. Employee or independent contractor of a registered California process server.
e. Exempt from registration under Business and Professions Code section 22350(b).
f. Registered professional photocopier.
9. Exempt from registration under Business and Professions Code section 22451.
h. Name, address, telephone number, and, if applicable, county of registration and number:
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct.
Date:
(SIGNATURE)
(For California sheriff or marshal use only)
I certify that the foregoing is true and correct.
Date:
(SIGNATURE)
982(a)(15.1) [Rev. January 1, 2000] PROOF OF SERVICE OF CIVIL SUBPOENA (DUCES TECUM) FOR Page three of three
PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS
AND THINGS AT TRIAL OR HEARING AND DECLARATION
LWB LIDO PARTNERS LLC v. MARVIN ENGINEERING CO., INC.
ATTACHMENT "2?1
Civil Subpoena (Duces Tecum) for Personal Appearance and Production of
Documents and Things at Trial or Hearing and Declaration
1) All documents relating to the property known as Lido Marina Village,
Newport Beach, CA. Documents include but are not limited to correspondence,
memorandums, notes, minutes, permits,. reports, drawings, inspections,
investigations, citations, violations and fines. �
t
t
2) All documents relating to Marvin Engineering Co.., Inc. in canjuudion wiih
the property known as Lido Marina Village Newport Beach, CA. Documents include
but are not limited to correspondence, memorandums, notes, minutes, permits,
reports, drawings, inspections, investigations, citations, violations and fines.
3) All documents relating to any building or marine tenant at the property
known as Lido Marina Village Newport Beach, CA. Documents include but are not
limited to correspondence, memorandums, notes, minutes, permits, reports,
drawings, inspections, investigations, citations, violations and fines.
ORC 271941-1.05886 1.0011
982(a)(1 5.1)
,-,TTORNEY0,R PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
—,Marc' Railsback 82918
y
FORCOURTUSEONLY
Browne & Woods LLP
450 North Roxbury'Drive, 7th Floor.
Beverly Hills, CA 90210
TELEPHONE No., 310-274-7100 FAX No.: 310-275-5697
ATTORNEY FOR (Name�. Defendant MARVIN ENGINEERING CO., INC.
NAME OF COURT:Orange County 8uperior Gourt
STREET ADDRESS:700 Civic Center Drive West
MAILING ADDRESS:P.O. Box 1994
CITY AND ZIP CODE:Santa Ana, CA 92702
BRANCH NAME:Central Justice Center
PLAINTIFF/PETITIONER: LWB Udo Partners LLU
DEFEN DANIT/RESPON DENT: M arvi n Engineering Co., Inc.
CIVIL SUBPOENA (DUCES TECUM) for Personal Appearance
CASE NUMBER:
and Production of Documents and Things at Trial or Hearing
OOCCO2974
AND DECLARATION
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of witness, if known):
Tony Melum
Newport Beach Fire and Marine Department, 3300 Newport Blvd.
Newport Beach, CA 92658
1. YOU ARE ORDERED TO APPEAR AS A WITNESS in this action at the date, time, and place shown in the box below
UNLESS your appearance is excused as indicated in box 3b below or you make an agreement with the person named in
item 4 below.
a. Date: June 25,2DDT-- Time: 9:00 AM Lj Dept.: G1 4 1 1 Div.: Lj Room:
b. Address: 700 Civic Center Drive West, Santa Ana, CA 92702
2. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA ASA CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS
UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS
BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR
EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE
RECORDS.
3. YOU ARE (item a orb must be checked):
a. ZI Ordered to appear in person and to produce the records described in the declaration on page two or the attached
declaration or affidavit. The personal attendance of the custodian or other qualified witness and the production of the
original records are required by this subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and
1562 will not be deemed sufficient compliance with this subpoena.
b. L] Not required to appear in person if you produce (i) the records described in the declaration on page two or the attached
declaration or affidavit and (ii) a completed declaration of custodian of records in compliance with Evidence Code sections
1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope (or other wrapper). Enclose the original
declaration of the custodian with the records. Seal the envelope. (2) Attach a copy of this subpoena to the envelope or
write on the envelope the case name and number; your name; and the date, time, and place from item 1 in the box above.
(3) Place this first envelope in an outer envelope, seal it, and mail it to the clerk of the court at the address in item 1. (4)
Mail a copy of your declaration to the attorney or party listed at the top of this form.
4. IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OR DATE YOU ARE TO APP A ' IF YOU WANT TO BE CERTAIN THAT
YOUR PRESENCE IS REQUIRED, CONTACT THE FOLLOWING E ON BEFOl �' "T�HEE ATE ON WHICH YOU ARE TO APPEAR:
a. Name of subpoenaing party or attorney: Marcy Railsbac b elephte number: 310-274-7100
11 as _v
5. Witness Fees: You are entitled to witness fees and mileage actuall a led both a ided by law, if you request them
u fro
at the time of service. You may request them before your sched le rance t e p4on nfamedki item 4.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS NMPT By F SO BE LIABLE
k
F%RT. Y04FVILL AL
FOR THE SUA OF FIVE HUNDRED DOLLARS AND ALL DA S R -SU M) OUqKAILURE TO OBEY.
Date issued:june 2001
Mar.cy..Rai.Is.back,..E1q . .............. ....................................................................................
(TYPE OR PRINT NAME) (JIGNAWE OF �ERSI Wf!��'LIING SUBPOENA)
A 't r Vs fc
t vs fdr Defendants
(TITLE)
(Declaration in support of subpoena on reverse) Page one of three
Form AdTed for Mandatory Use CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE Code of Civil Procedure,
Judicial ouncil of California § 1985 et seq.
982(a)(15.1) [Rev. January 1, 2000] AND PRODUCTION OF DOCUMENTS AND THINGS
Martin Dean's Essential Forms TM AT TRIAL OR HEARING AND DECLARATION6670-001
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:Marvin Engineering Co., Inc.
CASE NUMBER:
OOCCO2974
The production of the documents or the other things sought by the subpoena on page one is supported by (check one):
L3 the attached affidavit or declaration Co the following declaration: of Marcy Railsback
DECLARATION IN SUPPORT OF CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL
APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS AT TRIAL OR HEARING
(Code Civ. Proc., §§1985,1987.5)
1, the undersigned, declare I am the L3 plaintiff L3 defendant LJ petitioner L3 respondent
a] attorney for (specify): Defendant L3 other (specify):
in the above -entitled action.
2. The witness has possession or control of the following documents or other things and shall produce them at the time and place
specified in the Civil Subpoena for Personal Appearance and Production of Documents and Things at Trial or Hearing on page one
of this form (specify the exact documents or other things to be produced):
All documents and files relating to the property referred to as the Lido Marina Village. Including but not
limited to all documents and files regarding Harbor Permit 124-3400 and Pier Permit 1243001.
La Continued on Attachment 2.
3. Good cause exists for the production of the documents or other things described in paragraph 2 for the following reasons:
The subject matter of the complaint is related directly to the contents and writings contained in the files
maintained by the witness. In order for the trier of fact to see and hear all relevant evidence, it is
necessary to request the production of the documents.
LJ Continued on Attachment 3.
These documents or other things described in paragraph 2 are material to the issues involved in this case for the following reasons:
The issues that are raised in the Complaint directly relate to the documents in the possession of the
witness. Without access to these documents, the defendant will not be able to accurately represent all
of the facts of the allegations raised in the Complaint.
LJ Continued on Attachment 4.
I declare unde perjury under the laws of the State of Califo
Date: June 747 2001
Mar.cy..Rai.Isb.ack,..Esq .........................................................................................
(TYPE OR PRINT NAME)
(Proof of servicE
982(a)(15.1) [Rev. January 1, 2000] CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE Page two of three
Martin Dean's Essential Forms TM AND PRODUCTION OF DOCUMENTS AND THINGS
AT TRIAL OR HEARING AND DECLARATION 6670-001
SidleY & AUStin 04/14/2000 4:17; PAGE 002/8
SIDLEY & AuSTIN
A FARTNERSHIP INCLUDING FRCFESSIONAL CORPORA71ONS
CHICAGO 555 WEST FIFTH STREET
DALLAS Los AzNcn.�:s, CALIFORNIA 90013-1010
NFW YORK TELFiHoNE 213 896 6000
WASHINGTON, D.C. FACSIMILE 213 896 6600
FOUNDED1866
WR17SR'S OIREC7 NUMBEY,
(213) 896-6068
Aprlil 14, 2000
VIA FACSMME
Debbie Alca=
Administrative Assistant
City Attorneys'Office
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 9266' )-3884
RightFAX
Re� LWB Lido Partners LLC v. Marvin EnLyineering Cc,, Inc.
Dear Debbie:
HONG KONG
LONDON
SHANGHAI
SINGAPORE
iOKYO
-YVRITEF'5 E-MAIL ADDRESS
opedzoza@sidley.com
Pursuant to our telephone conversation of this afternoon, I am forwarding to you
those letters produced in response to the various subpoenas we served on the City of Newport
Beach that reference several recent surveys and inspections of the LidoM.Larina Village
conducted by various City departments, Said reports, surveys and the underlying documentation
appear not to have been made available for inspection and copying in response to the subpoenas.
It also appears that not all of the documents relating to the -pending application by Marvin
Engineering for a pier permit (which is referenced in the March 30, 2000 letter from Wes
Armand) were produced. Accordingly, we request that the City review its files again for the
specific purpose of locating the reports, surveys and underlying documentation referenced in the
attached letters, as well as all documents relating to Marvin Engineering's pending application
for a pier permit.
Thank you again for all of your help. You and all of the City staff I met with on
Tuesday were very courteous and helpful-
! ow -
Enclosures
cc: Richard H. Berger, Esq. (via facsimile)
Howard J. Rubinroit, Esq.
ry truly yours,
ry
cta ;ioA. Pedroza
AFR-14-2020 16:34 Sidley & Austin 56% P. -22
Sidley & Austin 04/14/2000 4:17: PAGE 003/8 RightFAX
I
CITY OF NEWPORT BEACH
PC- BOX 1768, NEW= BEACH. CA 92658-8915
March 3 0, 2000
Lido Village Property Management
Marvin Engineering
3.400 Via Oporto, Suite 104
"Newport Beach, Ca 92663-6302
Re: Pier Permit CP12434001
Sirs:
Tic City of Newport Beach Fire and Marine Departtnent has received a request to
transfer pier permit CP12434001 for the Lido Village Marina- The facility was inspected
by the City of Newport Beach Marine Environmental Division, the City's Deputy Fire
Marshai, and the City's Senior Building Inspector. We cannot transfer the pier permit
until the following deficiencies have been corrected and we have been notified of the
corrections.
1. Chapter 17.20.020 Vessel Tie-up Method. Vessels shall be fastened from both
bow and stem. Vessels should not be rafted together.
2. There are several violations to the Uniform Fire Code Chapter 3-1 (a) which prohibits
berthing vessels in locations that prevent other vessels from existing the slip or access
- to the open water.
3. The structural deficiencies at the time of this inspection were large cracks in the
cement walkway along the main headwalk-
4. The City Deputy Fire Marshall found several violations with the fire fighting
equipment on the docks. Several fire hose cabinets need to have the glass replaced,
the hose hanger mechanisms replaced- Some of the hoses in the fire cabinets must be
re -hung. There should not be any used or discarded batteries an the dock. Also, there
should not be the storage of propane tanks on the docks.
5. The City Senior Bluilding Inspector found several missing covers to the electrical
the docks. The electrical mountings for ibe major disconnects to both the vessels
Athena and Electra are nisted and need to be scraped, painted or replaced. 71e
Overheadlight on the wooden docks needs to be wired with "hard wire" and a
-switch installed. All nou-twist-lock extension cords should be removed from use
on the docks (No GFI protection). Some main panel boxes are missing the "dead
front" and need to be replaced. Some of the power distribution pack mounts are
rusted and require maintenance.
lim- f�l �WF-rebe a coaducted the marina had a .. ),:oximately 97 vessels
berthed in the facility. The City Municipal requires -1/4 parking space"per berthed vessel.
5idley & Austin 04/14/2000 4:17: PAGE 004/8 RightFAX
-The Newport Beacli City Council Harb or Permit Policies require that at the time of
transfer, all harbor struc=es shall be inspected for compliance with the City's Tninimurn
standards, and the conditions of the existing permit- All structural defi.ciencies must be
corrected prior to t-ansfer of the permit
?lease advise this department when the above deficiencies have been corrected. Cail 644-
31043 if you require additional information in regards to this matter or to request a re-
inspection.
Sincerely,
Wes Armand
Fire and Marine Department
Marine Environmental Management Division
APR -14-2000 16:35 Sidley & Rustin 96% P.34
RightFAX
Sidley & Austin 04/14/2000 4:17: PAGE 005/8
&T
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
M
January 21, 2000
Jerry King
PSOMAS
3187 Red Hill Avenue, Suite 250
Costa Mesa� Ca 92626
Re: Lido Village Marina
Dear Jerry:
Thank you for taking the time to accompany ine on the walk through at the
Lido Village Marina It is much better to do this an site rather via a letter.
We discussed marina-bertEing requirements and viewed e?dsting violations
within the Marina. There were several vessels berthed in locations that
prevented others vessels from e�dt:ing the slip and access to the harbor. This is
a violation to the Uniform Fire Code Chapter 3-1 (a)"Berthing and Storage
Facilities". Several vessel rafted in violation to the City of Newport Beach
Municipal Code 17.20.020 "Vessel Tie-up Method7and Section 17.20.010
"Docking Per:missiori Required7, Also one vessel berthed blocking �he Public
Pumpout Station in violation to City M.C'. Section 17.30.020. "Pumpout
-al deficiencies that require
Facility RequireT'. In addition we saw some structn
repairs.
Regarding the berthing violations, -the problem stated above could be
corrected if the marina management would bring the number of vessels down
to the fifth -five (5 5) slips and eighteen (18) side ties authorized in the Harbor
Penuit for this facility.
Please adyise the escrow company handling the sale of the property that the
harbor permit must -be transferred into the name of the new property owner.
This is usually. handled during escrow since the buyer wants to know all the
corrections that must be rnade prior to the transfer of the perrait.
Sincerely,
Wes Armand
ire and Marine Department
Cc. Tony Melum
APR -14-2000 16:36 Sidley & Pustin P.25
Sidley & Austin 04/14/2000 4:17: PAGE 006/8 RightFAX
------------
3— 9-00; :,1 6-%A, Mery In LZInCl SYS -C191713 :310 306 Sias 09 Z'
FKM FAX NO. 94967-3eSJ 7 -o'- Oe 2000 05:31PM P,
Po
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
P.O. BOX 1769, NEWPORT BEACH, CA 92658-8915
(949) '644-3131
November 9, 1999
Donna Larson
Ll DO MARI NA %F1 LLAG E
U00 Via Porto
Suite 104
Newport Beach, CA, 92M3
RE: HARBOR PERMIT COMPLIANCE ISSUES WITHIN LIDO MARINA VILLAGE
Dear Ms. Larson:
This lettervAll outline the results of staffs recent review of -the Lida Marina Vulage's
current compliance -with conditions attached to Harbor Fermit No. 124-34CO- Follomiing 2n
Ocicber 5, 1999 survey af the =nditJons of the Marina we have reached the fbilowing
=ncluslons regarding compliance:
1. Berthina Requirements: Boaft in the Marina are not being berthed in a
manner that complies with City Council Policy and the Municipal Code.
The Harbor Permit was approved on May 29, 1973 and authorized
constructon of the Marina to include ffftV-ffve (55) slips and eighteen (18)
side ties for a total of seventy-three (73) docking spaces. Afthough the
PermA does not specfflca3y limit the number of boats, all- boats must tp
prope iy �e surveyed the
� On October 5, 1999, Marine Olvision
7. Marina and found one hundred four (104) b.cats berthe�vAffibthe Marina.
At least thirty (30) boats were berthed in 2 manner thaf violated', Sections of
1720-010 and 17.20.020 of the Municipal. Code an�-�=Wpclicy H-1,
Moorings. PI ensure th ' at all boatr. berthed,Jn,ths Madra comp� wrth
the cited Newport Beach Municipal Codes and Council Policies.
2. Parking Ftectutrerneolp, The. Marina does not appear t o provide the
parking required by the Harbor Permit.
The Hartor Permit requires the Marina to comply with the parking, safety
and sanitary requirements found in Sections 17, 18 and 19 of Council
Harbor Permit Policies- While some Council Policies may have changed
since 1973, ths parking requirements for commercial marinas have not.
Council Policy requires commercial marinas to provide .75 spaces for each
single boat slip and -75 parking spaces foi each twenty-five feet q5j cf
3300 Newport Boulcvard� Newport Btarh
RPR -14-2000 16:37 Sidley Austin '36% P.06
I
Sidley & Austin 04/14/2000 4:17: PAGE 007/8 RightFAX
3- 9-00: 1 i6PKA:Mary In Land Svstems :110 SOB S'08 sz
FROM FFIX NO. S49s-mesi7
09 2OW 05: 31PM P2
Page 2
November 9,1999
moonng space: not classified as a slip. Therefore, as approved in 1973, 1he
sevent��three (73) slips and side fas -required. fifty-five (55) parking spaces.
Planning Cepaftent records indicate *that 25 of the required spaces are
provided In 1he parking structure- Please provide Firis and Marine
Department with the location where ft rarrialning 30, spaces are bein
provided. -r,4 19=r- On*w
3. Charter Operations: Charter operations out of the Marine appear to not
be providing the required paridng.
The Revenue Division reperts that since August 1, 1998 Lido Marina Village
was used for 797 charters With over 84,367. passMsers- The City is
concemed that parking for these charters has bee� provided with parking
that Is already encumbered for other uses within Lido Madina Village. This
is true particulady during the daythe when 211 of the parking in the parKing
structure is dedicated to otther uses per current eAsting use parmiLs.
A ttached to this later * a ' parking survey, prepared by the Planning
Department staff ftt Indicates. that n either the pi?rdng structure. or the 32nd
Street lot has available parJdngjbr-.charteA 'durin'g- the daytIme. only
eighty-five (85) spaces are:availa I ble -within. t ' � " - ' ' ":' -
ho, Parldng'--stTucture and
seventy-two (72) spaces are available.at 32nd Sireet after,$. p.m. By -copy
of this latter, we are asking the Revenue Olv1sion to make sure that Charter
Permits are not approved unless the designated parking for the Charter is
unencumbered by other uses.
4. Dock Conditions: Many of the docks are being maintained in fair to poor
condition.
These conditions have already been brought to your attenton by the Fre
and Marine Department and, I have been Provided correspondence that
indicates that you have taken Pro'mpt action to make the necessary repairs.
Finally, Planning'06partment staff has noted that there are several parking spaces
withinthe parking structure thatare rose . rved for specife tenan I ts Reserved parking it not
allowed under the Use Permit.that authorized construction of the,pa . rkIng structure.
RPR -14-2020 16:37 Sidley Austin 96% P.3?
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9-r1c: :I G�M:tj..— I, SOO -SYSTOMS ;3!0 306 5108 5
FAX NO- 94%7--Z517 08 2000 05:32PM P3
Page 3
November 9, 1999
If you would 1ke to request a meetng to discuss the issues raked in this leter, I
would be happy to arrange a meeting. Otherwise, your prompt atteintion to Nis letter is
appreciated.. City staff Yvill follow up to confirm compliance With the Issues raised on or
after 30 dayi fmm the date. of th�. LeHer.
Very trul ours,
Robin L Clauson
Assistant City�Attomey fbr the
City of NewpcdSmch-
RC:da
Homer Bludau, City Manager
Sharon Wood, Assistant QV Manager
Glen Everroad, FZevwue Director, Administrative Evvices
Tim Riley, Fire & Marine Chief, Fire & Marine Department
RPR -14-2000 16:37 Sidley i�ustin 96% P.08
Sidley & Austin
04/14/2000 4:17: PACE 001/8 RightFAX
I D L E Y & AU S TI
A PARTNERS141P INCLUDING PROFESSIONAL CORPORATIONS
555 WEST FIFTH STREET
CHICAGO Los ANGELES, CALIFORNIA 90013-1010 HONGKONG
DALLAS TELEPHONE 213 896 6000 LONDON
NEW YORK FACSIMILE 213 896 6600 SHANGHAI
WASHINGTON, D.C., FOUNDED 1866 SINGAPORE
TOKYO
FACSINULEIMLECOPIER TRANSMISSION
Name: Octavio Pedroza (213) 896-6068
Voice Phone: Rosalyn (213) 896-6841
To: Name: Debbie Alcaraz
Company:
Fa csimile #: 949-644-31.39
Voice Phone:
Subject: LW13 Lido Partners LLC v. Marvhi Engineering Co., Inc.
Message:
Date: 04/14/00 Time: 04:15 PM No. Pages (Including Cover):
THIS MESSAGE IS INTENDED ONLY FOP, THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS
ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTTAL AND EXEMPT FROM
D15CLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED
RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOP, DELIVERING THE MESSAGE TO THE
INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINA71ON , DISTRIBUTION OR
COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR, N07IFY IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL
MESSAGE TO US AT THE ABOVE ADDRESS VIA THE US PCS7AL SERVICE. THANK YOU.
NOTE: IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL: Rosalyn (213) 896-6841
APR -14-2000 16:34 Sidley & Austin 96% P.01
S 1 D L E Y & AUST 1 N
A PARTNERSH;P 011CLUJING t�f�,)Ff.5�10NAL coV*0P,,TJ0N5
553 WEST F11VTH STREET
L Q N t�
OALLAS Las ANGELES, CALIF011NIA 90013-1011NAR 2t.*: 2000
N2,N YCRK TELEF14(DNe 213 896 6000
IN,SHIN67C'N D (2 :ACSIMILE 213 896 6600
Four,jDvri 1866
wr.:TEs'-,� E11qFizF NuMs2A WrITCq E-1—,
. 2 13) 8 9 6 -6 0 6 8
March 23, 2000
V;,i Facsimile & Federal Express
Debbie Alcara-z
Administrative Assistant
City Attorneys' Off"Ice
City of 'Newport Beach
- - 00 Newport Boulevard
N�wport Beach, CA 92663-3884
"U"
<:J Lj
Re, J -WB Lido Pamel-s LLC v. Marvin Engineer�ng Co., Inc./
Deposition,Sub�eria for roduction ofBusinm PLecords
Dear Ms Alcaraz:
This letter is in response to your request that we provide the City of Newpolt
Beach with an explanation of the types of records that are the subject of the Deposition Subperia
ror Production of Business Records sefvcd or the Office of the City Attomey, OffIce c)ftile Clt'y
Man q I Ine DeFartment and
,er, Planning Department, Building Department, F�re & TMari
Adnalnistrative Services Department. -fhe types of records whose production is calle6 for by n�e
Subpenas include the following'.
I . All permits, permit applications, co7espondence and other writings in Uhle
Files of the City and/or its agericies that concern the beat slips at Lido Marina Village.
2, All permits. permit applications, correspondence an6 other writi rigs in the
�iles of the City and/or its a
gencies that concern the physical condition and operation of theboat,
slips and/or any other improvernents at Lido Marina Village,
3. All d1ocuments in the files of the City andlor its agencies which relate to
the attached two letters or their subject matter, The first letter is ftorn Robin L. Clauson, Assitani
C ity-, Attorney, to Donna Larson of Marvin Engineering Co , Inc, dated November 9, 1999
regarding harbor permit cornpliance issues at the Lido Mar�na Village, in particular berthing and
parking requirements, charter operations and dock conditions The second leLter is from Wes
Aj,rriond� of the Fire & Marine Department toJerry Kirig i-egarding severail code viclations
exlstitig at the Lido Marina Village, including violations relating to benhing and storage
zo 3s�.)C� 3NP�VK36L� H08 ic�N 0ZTSVV96t6 t�g :90 000Z/6e/t?A-
SICLEY & AUST[N,'
Debbie Alcaraz
March 23, A2000
Page 2
LOS ANGELES
faCllitieS, VC,�Sel tie -Up methods, docking permission, the "pumpout" fa�;:Ilvy, Structural
�teficlencies and the transfer of the harbor permit,
4� All, documents in the filles of the City and/or its agencies that concern
,arking �eculred for the Udo -Marina Villaize andlor �ts operations
5. All documents in the files of the City and/or its a-encies that concern arry
code vinlations. by Marvin Engineering Co,, Inc Fespecting the Lido N'larina Villiage,
Please be advise� that, the foregoing list is not interided to be exhau�,tive, out
rather is 'Intended to give you and the personnel responsible for Sathering the records examples
of -,he types of records we are interested in and whosse production is called for by the Subpe.-as
Please be advised that the street addresses for the facilities iocated at t�e L,�do
I
�vfarina V'lj'age are as fUows.
3390 Via 1-I'do
-)434 Via Lido
345'. Via Oporto
Z636 Newport Boulevard
3450 Via Oporto
3440 VIE, Oporto
3 -700 Centmi Avenue
3424 Via Ot)orto
'4'� 1 Via Oporto
3420 Via Oporto
Porto
3404 Vi a 0
Should you have any further questions, please do not hesitate tQ --ontact rr.t at th�.
above -noted telephone number. Your assistance and cooperation in this matter is a-ly
gre
apprec-iatei.
'VeTy tn�,ly yours
r
Q
Octavio A. Fedroza
n-,A,P o a p
cc Ric'hard H. Berger, F -sq, Nia facsimlle)
Hc -ward J. Rubinroit, Esc,
EO -3SV6 3NI6M�33�ii-� HOE 1CN 03TCVV9GV6 t1q :91a 000�7
,lSollpo
Sidley & Austin 05/05/2000 4:34: PAGE 002/17 RightFAX
C 1i I CA 50
I- I AS
NEw YoRK
WA5AINGTON, D.C.
WRITEX'9 DIRECT NUMBPR
(213) 896- 6 0 6 8
Via Facsimile
S I -D L E Y & Aus T I N
A FAFTNERSFIF INCLUDINr FROFESSMNAT. CORFOXATrONS
555 WEST FIFTH STFEET
Los ANGELES, CALIFORNIA 90013-1010
TELEPHONE 213 896 6000.
FACSIMILE 213 896 6600
Debbie Alcaraz
Administrative Assistant
City Attomeys'Office
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663-3884
Dear Debbie:
FOUNUhl.) 1866
May 5, 2000
Re: LWB Lido Partners LLC v, Marvin Engineering Co., Inc.
H ONG K 0 N G
Lo,, ooN
S11 ANGII A[
SINGAPORE
7()izyo
WRITER'5 E-MAII AIMRF�',
oped rozassid ley. c om
As I discussed with you this morning, there appears to be additional documents
and materials that apparently were not produced in response to the various subpoenas we served
on the City of Newport Beach. First, several of the documents that were produced refer to
meetings by the City Council at which matters relating to the Lido Marina Village were
discussed. Accordingly, we are requesting that the City make available for inspection the
minutes of the meetings of the City Council from January 1, 1998 to the present. I am available
to review the minutes and the additional documents described below at your offices either on
May 81h, 91h, I Oth or 12"', whichever day is most convenient.
Other documents that appear to be missing are documents relating to the several
inspections of the Lido Marina Village conducted by City inspectors over the course of the past
year. I have attached to this letter letters from City inspectors which were produced and which
reference code violations and other deficiencies existing at the Lido Marina Village. We request
that any other such letters and all the underlying documentation (e.g,, inspector's notes) be made
available for inspection and copying as well. Please be advised we have been informed by Wes
Armand of the Fire and Marine Department that some notes do exist with regard to at least
certain of the inspections, but those have not been produce to us to date,
The third category of "missing" documents relates to two parking surveys
concerning the Lido Marina Village performed by the City, copies of which are also attached to
this letter. We request that all documents relating to these two surveys, including all underlying
documentation and notes, be produced as well.
MAY -05-2020 16: 51 Sidley & Austin '36% P.02
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S4DLEY & AuSTIN Los ANGELES
Debbie Alcara-z
May 5, 2000
Page 2
Finally, we are hopeful that th ' e search for the foregoing may turn up other
documents which may have been overlooked.
Thank you again for all of your help, Your professional courtesy is greatly
appreciated.
YTry truly yours,
ctavlo A'. Pedroza
Enclosures
y I It.
Richard H. Berger, Esq, (via facsimile w/ encls.)
Howard I Rubinroit, Esq. (w/o encls.)
MRY-05-2000 16:51
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NEWPORT BEACH FIRE AND MARINE DEPARTMENT
August 26, 1999
Donna Larson
Lido Manina Village
3400 Via Oporto. Suite 104
Newport Beach. Ca 92663)
Re: dock inspection
Dear Donna;
This letter and attachments will cover the scope of repairs that must be made
to the docks following today's inspection.
The City of Newport Beach Harbor Permit policies require the pier permitice
to "keep the structures in good repair at all times. Failure jo repair. when
written notice has been given by the Fire and Manine DeparTment shall be
cause for revocation of the permit." (Section 4H)
The City of Newport Beach Municipal Code requires the CitY, , uponleaming
to immediately notify the
that any pier is in a defective or dangerous condition
owner or other persons having charge of the same in Wrliting, requiring that
repairs be done immediately, or to put up barriers to prevent persons from
going upon it.
Therefore, please submit to the Marine Environmental Management Division a
schedule for the repairs. Included should be the time frame for a) applying for
the maintenanc I e permit. b) Completion of the itemized repairs.
If you have any questions regarding the repairs as, specified on the attached
forms, or the maintenancc permit process. call 644-3043.
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MRY-05-2000 16:52
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CITY OF NEWPORT BE A (�H
OFFICE OF THE CITY ATTORNEY
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
(949) 644-3131
November 9, 1999
Donna Larson
LIDO MARINA VILLAGE
3400 Via Porto
Suite 104
Newport Beach, CA, 92663
RE- H A DOMPPER I MIT COMPLIANCE ISSUES WITHIN LIDO MARINA VILLAGE
Dear Ms. Larson:
This letter will outline the results of staff s recent review of the Lido Marina Village's
current compliance with conditions attached to Harbor Permit No. 124-3400. Following an
October 5, 1999 survey of the conditions of the Marina we have reached the following
conclusions regarding compliance:
Berthina Reauirements: Boats in the Marina are not being berthed in a
manner that complies with City Council Policy and the Municipal Code.
The Harbor Permit was approved on May 29. 1973 and authorized
construction of the Marina to include fifty-five (55) slips and eighteen (18)
side ties for a total of seventy-three (73) docking spaces. Although the
Permit does not specifically limit the number of boats, all boats must be
properly berthed. On October 5, 1999, Marine Division staff surveyed the
Marina and found one hundred four (104) boats berthed within the Marina..
At least thirty (30) boats were berthed in a manner that violated Sections of
17.20.010 and 17.20-020 of the Municipal Code and Council Policy H-1,
Moorings. Please ensure that all boats berthed in the. Marina comply with
the cited Newport Beach Municipal Codes and Council Policies.
2. Park ng Reauirements: The Marina does not appear to provide the
parking required by the Harbor Permit.
The Harbor Permit requires the Marina to comply with the parking, safety
and sanitary requirements found in Sections 17, 18 and 19 of Council
Harbor Permit Policies. While some Council Policies may have changed
since 1973, the parking requirements for commercial marinas have not.
Council Policy requires commercial marinas to provide .75 spaces -for each
-five feet (25') of
single boat slip and .75 parking spaces for each twenty
3300 Newport Botdcvard, Newport Beach
NRY-05-2000 16:53 Sidley & Rustin 136% P.O?
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November 9, 1999
05/05/2000 4:34: PAGE 008/17 RightFAX
moolring space not classified as a slip. Therefore, as approved in 1973, the
seventy-three (73) slips and side ties required fifty-five (55) parking spaces.
Planning Department records indicate that 25 of the required spaces are
provided in the parking structure. Please provide Fire and Marine
Department with the location where the remaining 30 spaces are being
provided.
3. Charter Operations: Charter operations out of the Marina appear to not
be providing the required parking.
The Revenue Division reports that since August 1, 1998 Lido Marina Village
was used for 797 charters with over ' 54,367 passengers. The City is
concerned that parking for these charters has been provided with parking
that is already encumbered for other uses within Lido Marina Village. This
is true particularly during the daytime when ail of the parking in the parking
structure is dedicated to other uses per current existing use permits.
—.Attached to this letter is a parking survey prepared by the Planning
Department staff that indicates that neither the parking structure or the 32nd
Street lot has available parking for charters during the daytime. Only
eighty-five (85) spaces are available within the parking structure and
seventy-two (72) spaces are available at 32nd Street after 6 p.m. By copy
of this letter, we are asking the Revenue Division to make sure that Charter
Permits are not approved unless the designated parking for the Charter is
unencumbered by other uses.
4. Dock Conditions: Many of the docks are being maintained in fair to poor
condition.
These conditions have already been brough t to your attention by the Fire
and Marine Department and I have been provided correspondence that
indicates that you have taken'prompt action to make the necessary repairs.
Finally, Planning Department staff has noted that there are several parking spaces
within the parking structure that are reserved for specific tenants. Reserved parking is not
allowed under the Use Permit that authorized construction of the parking structure.
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Page 3
November 9, 1999
if you would like to request a meeting to discuss the issues raised in this letter, I
would be happy to arrange a meeting. Otherwise, your prompt attention to this letter is
appreciated. City staff will follow up to confirm compliance with the issues raised on or
after 30 days from the date of this letter.
Very trul ours,
ou
Robin L. Clauson
Assistant City Attorney for the
City of Newport Beach
RC'da
cc: Homer Bludau, City Manager
Sharon Wood, Assistant City Manager
Glen Everroad, Revenue Director, Administrative Services
Tim Riley, Fire & Marine Chief, Fire & Marine Department
F-\users�cat\sh are d\CodeENfcrcekLidoM adnaviii age\Ietter\0 Lparking. doc
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NEWPORT BEACH FIRE AND MARINE DEPARTMENT
January 21, 2000
Jerry King
PSOMAS
187 Red Hill Avenue, Suite 250
Costa Mesa, Ca 92626
Re: Lido Village Marina
Dear Jerry:
Thank you for taking the time to accompany me on the walk through at the
Lido Village Marina. It is much better to do this on site rather -via a letter.
We discussed marina -berthing requirements and viewed existing violations
within the Marina. T%ere were several vessels berthed in locations tha
prevented others vessels from exiting the slip and access to the harbor. T"his is
a violation to the Uniform Fire Code Chapter 3-1 (a)"Berthing and Storage
Facilities". Several vessel rafted in violation to the City of Newport Beach
Municipal Code 17.20.020 "Vessel Tie-up Method7and Section 17.20.010
"Docking Permission RequirccV'. Also one vessel berthed blocking �thc Public
?umpout Station in violation to City M.C. Section 17.30.020. "Pumpout
Facility Required". In addition we saw some structural deficiencies that require
repairs.
Regarding the berthing violations, the problem stated above could be -
corrected if the marina management would bring the number of vessels down
to the fifth -five (5 5) slips and eighteen (18) side ties authorized in the Harbor
Permlit for this facility.
Please advise the escrow company handling the sale of the Property that the
harbor permit must be transferred into the name of the new property owner.
Thi s is usually. handled. during escrow since the buyer wants to know all the
corrections that must be made prior to the transfer of the permit.
Sincerel
�/, y,
Wes Armand
Fire and Marine Department
Cc: Tony Meltim
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NEWPORT BEACH FIRE AND MARINE DEPARTMENT
Febnmry 4,-2000
Dwight Bel -den
Watttson Breevast
3600 Birch SL, Suite 250
Newport Beach, Ca 92660
Re: Lido Village Marina
Dear Mr, Belden:
The Fire and Marine Department has been informed by you that a sale of the
Lido Manina Village is in the final process and could be completed within the
next two weeks. The Newport Beach Harbor Permit Policies I O.B states:
"Whenever a permittee sea the abutting upland property, a request shall be
made to the City to transfer the permit. Forms for this purpose may be obtained
from the Marine Division."
An inspection is required of the facility for structaral. reqifirements relative to
safety violations, electrical code violations, sanitary violations, and other
requiramcuts as specified in Chapter 17 of the Municipal Code or the
appropriate sections of the Harbor Permit Policies,
The City has the authority to refuse to consent to a transfer of a harbor permit
when the permittee is in violation of Title 17 of the Newport Beach Municipal
Code or applicable Harbor Policies. Specifically, the Harbor Policy prohibits
the transfer of any permit when there am I structural deficiencies".
In recent months the Lido Village Marina has had in�pections related to
structural deficiencies, berthing, and parking requirements by this division. In
addition, the Fire Marshall's Of5ce has recently conducted an inspection of the
marina. Call 949-644-3106 in regards to the inspection. A Letter listing the
deficiencies was send to the Lido management (see attached).
Most of the structural deficiencies noted in the report have been corrected, but
them are still some corrections remaining. Continued berthing violations were
noted in a separate letter (attaclied) and have not been corrected. Compliance
for parking is still an issue. Harbor Permit Policy 17.A. "All commercially
operated boat docking facilities shall provide 0.75 parking stalls for each single
boat slip and 0.75 parking stalls for each 25 feet of available mooring space not
classified as a slip." The City Planning Depar=ent has notified this office that
Lido Vi I llage Marina does not provide adequate parking for the number of slips
for their marina tenants or for the Comm ercial charter boats passengers -
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it is this of Face's position that a transfer of the Harbor Permit is not possible
until aLl violations are corrected.
If you require additional information, p,lea5e call 949-644-3043.
Sincerely,
Wes Armand
Fire and Marine Department
Marine Environmental Management Division
Cc: Robin Clauson
Patricia Temple
TonyMelum
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ITY OF NEWPORT BEACH
RO. BOX 1768, NEWPORT BEACH, CA 92658-8915
Lido Village Propertv Manaizement
Marvin Engineering
3400 Via Oporto, Suite 104
Newport Beach, Ca 92663-6302
Re. pier Permit CP12434001
Sirs:
The City of Newport Beach Fire and Marine Department has received a request to
transfer pier permit CP 12434001 for the Lido Village Marina. The facility was inspected
by the City of Newport Beach Marine Environmental Division. the City's. Deputy Fire
Marshal. and the Citv*s Senior Building Inspector. We cannot transfer the pier pennit
'I he following d�ficiencies have been corrected and we have been notified of the
unti t -
corrections.
1. Chapter 17.20.020 Vessel Tie-up Method. Vessels shall be fastened from both
bow and stem. Vessels should not be rafted together.
2. There are several violations to the Uniform Fire Code Chapter 3-1 (a) which prohibits
berthing vessels in locations that prevent other vessels from existing the slip or access
to the open water.
3. The structural deficiencies at the time of this inspection were targe cracks in the
cement,walkway along the main headwalk.
4. The City Deputy Fire Marshall found several violations with the fire fighting
equipment on the docks. Several fire hose cabinets need to have the glass replaced.
the hose hanger mechanisms replaced. -Some of the hoses in the fire cabinets must be
0 r
re -hung. There should not be any used or discarded batteries on the dock. Also, there
should not be the storage of propane tanks on the docks. Ic
5. The City Senior Building Inspector found several missing covers to the electr' al
the docks. The electrical mountings for the major disconnects to both the vessels
Athena and Electra are rusted and need to be scraped. painted or replaced. The
Overhead I ight on the wooden docks needs to be wired with "hard wife" and a
switch Installed. All non -twist lock extension cords should be removed from use
in panel boxes are missiniz the "dead
on the docks (No GFI protection). Some ma
front" and. nf�r�,l to be replaced. Some of the power distribution pack mounts are
rus,
,,,Id require maintenance.
When these inspections were beine conducted the marina had approximately 97 vessels
berthed In the Facihty. The City Municipal requires 114 parking space per berthed vessel.
3300 Newport Boulevard, Newport Beach
MAY -05-2000 16:56 Sidley & Rustin 96%
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The Newpon Beach city Council Harbor Permit Policies require that at the time of
transfer. all harbor structures shall be inspected for compliance with the City's minimum
standards. and the conditions of the existing permit. All structural deficiencies must be
corrected prior to transfer ofthe permit.
Please advise this department when the above deficiencies have been corrected. Call 644 -
is matter or to request a re -
3043 if you require additional information in regards to thi
inspection.
Sincerely,
Wes Armand
Fire and Marine Department
Marine Environmental Management Division
MAY -05-2000 16:56 Sidley & Rustin 96%
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FROM FAX No. : '34967--QS17 08 20120 05!33PM PS
v1po VILLAGE AREA PARKING INVENTORY
?ARK (i FID
C
66 5paCCS
N1[;HT1
WAIVF12
114 spaces
Vac2nt Nagic Island) 0
0
1819
0
(1/40)-'
Warchous . c ResLaurazr 0
266
175
91
(1/40)
Le Bistro Restaurant 16
5
16
5
(1/40)
Lc Bistro Coffee Shop 5
1
5
1
(1/75)
George's Camelot
10
29
10
(1140)
Bavfroni Cafe
6
0
(1/75)
Mama )vfia Restaurant 3
6
3
6
(1/40)
Vac=t (previous Greek Reslaurant) 3
L
3
1
(1175)
Vor-Ant (RnrciRl?v Food) 1
0
5
0
(It250)
Rcstaumrit Usts:'
66 5paCCS
289 spa=
430 spaces
114 spaces
0frice Uses (11250)
132
0
0
0
Remil Uses (In -50)
9
0
0
Boat Sli q (91 shm Q 1 ffmcZ1,75
64
0
64
a
Lido Village� (1,'250)
�rs 8
0.
64
0
Lidn Sholn (F-agmsVig Lida) fl/250) 35 0— 0, 0
TOTAL 389 spaces 289 spaces 494 spaces 114 spaces
13ay.Lido Officc Bldg. 47 0 0 a
Lido Towcr (Travel Max) 79 0 0 0
f3ank of Amcrica RL41ding. so 0 0 0
TOTAL 176 0 0 ()
TOTAL PARKING REQUIRED 565 spaces 0 494 spaces 0
PARKING AVATI-ABLE
(PUBLIC)
Municipal Parking Lot 27 0
On-Str= Parldng (Cenwal Me.) 17 17
On -Street Parking (Behind Lido Shops) 1 D 10
On- Street Parking an Via Lido 13 13
(PRIVATE)
Parking Strucrare 7 373 373
32nd Srrccl ParkjU Lo� 43 '43
TOTAL FARKEVG AVAILABLE 483 spa,es 456 spaces
Nlot W��z is Alft i
I nj:iLatcrwAcd at a rwic at I spams for achQsq. & or-im:pWic4m�
kcqwrfc�d numter of parking iw= rare=h asperUvehmineu per anlW"W uwpwrnit fiks
Ni;ht parkLnz asnaTwn rw rmi I or offim parklm dammmit
au, I ding sqijam rwUZcpwwidtd W i9paicable Ci:y=vamis fikswidUdo Mwin&VIIIL" MwL3*c"wMCor"y MearrolL
Huildinp-which'no longri hawc aic or W Lido MxAmPz6-4ng Scracstm. but sUl draw ispan the LvaWaparidrigiplocs istthCVMAV&M&
Numbcr ofspam�ia sarmw is bwcd on a ftid cmunt of va by Code FnautzrMw (Pirviourly lwtcdm 395L This and -m Kraom
32za 5V"T ?azkjng Lot his na lcgW'.-y bindft off-SiLz pwidbo. z7==ru maded To it (pa tbe mma-gesnui ccmpwy� Lida Martha V1111fe awns And =11201% ft
-duAm "Wa lot 4NY(43 pw�ivgxra�ft).
MRY-05-2000 16:57 Sidley & Rustin 96% P.16
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Lri-.j NMJAGZ ARRA PARMN(; M.. -,TORY
COMMCIAL USF -S
DAY
WAIVF-D
Naggr
WArVE2
LrDO VIUAGE PAR nVG STR U=R
Buzz Resmurant
200
��-D
41
175
41
Lz Bistra R=murant
16
5
16
5
Le Bisrro Caffih- Shop
5
1
5
1
Gwrga's Camelot
28
10
28
10
Bayfract Cafe
6
0
6-
a
Mama NUa Romu=t
3
6
3
6
R=t=raw Uses (p4 mq,,d pa U..P.)
258 spaces
63 spacts
233 spaccs
63 spams
Of E= USCS (L/=O)
L-1 3 D4
0
0
0
F—etail TJs= (lmo)
-14.8
0
a -
a
B-43a(Sb2$ M slips 0 1 sp=r-(-75 sligs)
55
0
55
9
Udo Village (IMO) .
-337
0
55
0
11do Shom TIA;ja g Via Lido) o n5p)
24--
—0-
0
0
TOTAL PARK3NG REQLIRED
419 spacu
63 sp=w
288 spects
63 spa=
BUIMING PAR=Q�"OVMED
fN LMO
MARINA Va.LAGE
QARAQE
Bay Lido Off= BkIg.
47
0
0
0
Udo Tcrwcr (Travel Max)
58
0
0
0
01ca Building (3366 Via Iidc),'
.34-1
/0
0
0
B arik of America R Wine
TOTAI-
0
TOTAL PAIU93NG DMVIAND
&a spa=3
0
288 spaccs
0
TRWATE)
Parking Szr==c
nj
373
32nd Sm=t B=Idng r-ot
72
72
TOTAL PARMNG AVAMABLE 445 spacm
485 spaces
?xking RuMired for LWV
1.74 space Defje�t
197 spaca S!!T!u$--,
3aridng DemarA in LMV
363 Cpa Defiml
Buzz and rzmcloc Rcstuimnts use per=ts reqLzire empioyees to park in the pArking suructure.
Yight parldng i -I &fter 6 P=L
Ni& parking aw-mes no retail or offlkc puking demand.
Buildin; square foot2ge providrd W applicable Ciry use penmi Me& aM Lido Marina Village. Management Cozxrpany rent roll.
R,equLmd a=bcr ofparking 3pac= foe cach r=pactyc business per applicable usc permit lues.
Bu"ags which no tons= have use of 6c Lido Marina Parking Sawrurc have trrmixiated or allowed the off-sitc puk:inz w=z==nt to
lapse, or have existing parldng ag=mectx with otbj--r locaLiocs. however they stW draw upon the avaLable padang spacei in the YW&gc
32ad Stree Park�g Lot has no Icg4y hinding off-sita parking agreem=Ls strLichcd to it (per the Managcn=nt Company) -
Prepared I WMJ99,
;2nd Sweet Pzrkmg Lot. is mqtursd parlung far the buildinp locared aA 3366 and 3388 Via Lido (3366 Via Lido -NOT in L-M.V.)-
A
MRY-05-2000 16:57
TOTAL P,02
''!IS/99 15:(�o Tk!RX N0.PF;:ZI,
Sidley & Austin 96% �P.17
a
982(a)(15.4)
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
FORCOURTUSEONLY
Octavio A. Pedroza (SBN 178369)
Howard J. Rubinroit (SBN 049742)
SIDLEY & AUSTIN
555 West Fifth Street, Suite 4000
Los Angeles, California 90013-1010
TELEPHONE NO.: 213-896-6600 FAXNO.: 213-896-6600
A17ORNEY FOR (Narna): LWB LIDO PARTNERS LLC
NAME OF COURT: SUPERIOR COURT OF THE STATE OF CALIFORNIA
STREET ADDRESS: County of Orange
MAILING ADDRESS: 700 Civic Center Drive West
CITY AND ZIP CODE- Santa Ana, California 92702-1994
BRANCH NAME:
PLAINTIFF/ PETITIONER: LWB LIDO PARTNERS LLC
DEFENDANT/ RESPONDENT: MARVIN ENGINEERING CO., INC
DEPOSITION SUBPOENA
CASE NUMBER:
For Personal Appearance and Production of Documents and Things
100 -CC -02974
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):
Persons most knowledgable at the City of Newport Beach concerning the number, physical
condition and permitted use of the boat slips and side tides at the Lido Marina Village
1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time,
and place:
FDate:August 23, 2000 Time-.,,, :00 p.m Address: Office of the City Attorney
3360 Newport Blvd, Newport Bch., CA
a. F_X� Asa deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as
to the matters described in item 4. (Code Civ. Proc., § 2025, subd. (d)(6).)
b. You are ordered to produce the documents and things described in item 3.
c. F_X7 This deposition will be recorded stenographically Ell through the instant visual display of testimony,
and by = audiotape = videotape.
d. = This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025(u)(4).
2. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this
subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance
with this subpoena.
3. The documents and things to be produced and any testing or sampling being sought are described as follows: A-11
documents relating to boat slips and/or side tides at the Lido Marina Village property
produced or received from 4/11/00 to the present.
= continued on Attachment 3.
4. If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described
asfollows: The number, physical condition and permitted use of the boat slips
and side tides at the Lido Marina Village property.
= Continued on Attachment 4.
5. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENAAS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER
CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH ORAN OBJECTION HAS BEEN
SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE
AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS.
6. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition;
later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you
sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways- The money must be paid, at
the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAIIWRE TO OBEY.
Date issued: -�J( Lo.; -D
Octavio A. Pedroza.(SBN 178369)
.............. ..............
(TYPE OR PRINT NAME)
(SIGNATURE OF PERSON ISSUING
Attornev for Plaintiff
(Proof of service on reverse) (ME)
Code of Civil Procedure,
Form Adopted for Mandatory Use DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE 4
Judicial Council of Califomia 5 §§ 2020,2025;
982(a)(15.4) [New January 1, 2000] AND PRODUCTION OF DOCUMENTS AND THINGS �La Lk"un"a?Govemment Code, § 68097.1
411[0�1' a
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PROOF OF SERVICE
STATE OF CALIFORNIA
) ss
COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action. My business address is 555 West Fifth Street� Suite 4000, Los
Angeles, California 90013.
On July 28, 2000, 1 caused the foregoing document described as DEPOSITION
SUBPOENA OF PERSONS MOST KNOWLEDGEABLE AT THE CITY OF NEWPORT
BEACH CONCERNING THE NUMBER, PHYSICAL CONDITION AND PERMITTED
USE OF THE BOAT SLIPS AND SIDE TIDES AT TIIE LIDO MARINA VILLAGE to be
served in this action by U.S. Mail to:
Richard H. Berger
163 11 Ventura Boulevard
Suite 1065
Encino, California 91436-2147
I caused the foregoing document to be served by U.S. Mail as follows: I placed true copies
of the document in a sealed envelope addressed to interested party as shown above. I placed such
envelope,. with postage thereon fully prepaid, for collection and mailing at Sidley & Austin, Los
Angeles, California. I am readily familiar with Sidley & Austin's practice for collection and
processing of correspondence for mailing with the United States Postal Service. Under that practice,
the correspondence would be deposited in the United States Postal Service on that same day in the
ordinary course of business.
I declare under penalty of pe�ury under the laws of the State of California that the above is
Itrue and correct.
This service was made at the direction of a member of the bar of this Court.
Executed on July 2A, 2000, at Los Angeles, California.
Rosalyn�onf
*4%k look
a V ilk
'AOL
C�ITY 0im" N W ORT
ACH. UILD1,11,G.- D.
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General 5 Harbor Permits and Drawings
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I The construction of hgrborfacilibeg-shall accommodate the need for safety 5.1 Harbor permits shall be obtained per Harbor Permit Policy H-1. Detailed t w I
2.2.15 Dock (goal) minimum clear width for commercial passenger use' 4�� ffi
and,durability as wen as convenience and appearance. Structural elements of construction plans (4 sets) and substantiating calculations (11 set) shall be
4LQC_4;g4._ - __ , -,
submitted to Departmentwith the permit application for the 11 7 - -
F3
shall. be adequate to safeguard human. life, boats long
gangways, floats, piles, etc LZ Y > �i
shall be 6 feet to 80 feet long and 8 feet for docks over 80 feet the Building
_J 1:2
following Items: I
and boating equipment. Boat berthing facilities 0all be designed to >� , I L
ith an ample factor of safety. 2.2.16 Walkways or landing platforms shall not have less than 4 feet (N) 2-18" SO CONC _J
adequately handle anticipated loads V
5.1.1 bulkheads and,groins V�7 PILES
X 11
LL_
unobstructed width adjacent to gangways, nor 6 feet in front of
1.2 Materials of construction shall resist the corrosion of al
s twater In order to
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gangways. at +7.5 foot M LLW water surface elevation.
-AZO
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assure low maintenance requirements and long life of the facllity� 51.2 piers and landings
X
W
>
*Ifflets at the connection of marginal walkways, main walkways
2.2.17 F �`X
_j
W
11.3 Floats shall be 4esi(, -buoyancy throughout the life of and finger floz, s ihall be -included In the berth designs and shall 5.1.3 gangways,.including hinge connections and hand railings
,,;�ed to assure stabil,ty and
W ::i > 3i
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the float. extend at least 44eetalong both floats. _j _j
W W _j
5.1.4 anchor piles and guide piles, including roller assemblies F W -
LU 2 W
1A Adequate utilities shall be proVided for the convenience and safety of boaters 2.2.18 Gangway (brow) slope for commercial passenger, multirOsidential -H a I:H
W W
and maintenance workers. 5.1.5 cantilevered patio decks VICINITY MAP N.T�& "1Z
and smalt craft marina use shall not exceed I foot vertically for
NN 7
each 3 feet of length when the tide is at -2.0 feet &I.W. All other NEWPORT BAY, CALIFORNIA NORTH UJ if UJ II
gangway slopes shall not exceed I foot vertically for each 2 6.1.6 other harbor structures PROPOSED* 8' x 93'
feet of len th,when the Ude is at -2.0 feet M LLW. FLOATING DOCK
2 Layout and Design .9
5.2 Plans and calculations for the above items shall be prepared by a Civil or
2.1 Designs for harbor facilities shall be based upon the useof the facility, defined 2.2.19 Walking surfaces of gangways (brows), piers and floats shall have Structural Engineer registered in the State of California, >
UJ
as follows: non-tkid finish, such as punched metal, unpointed timber, or grfl A% -I I _J
I T W
alled Rems:
on- metal, Umber or plywood. 5.3 In addition, detailed. construction plans shall Include, but not be limited to,
2J.1 Single or joint residential indicating the following dimensions and det UJ
W
2.2.20 Gangway (brow) minimum clear width for commercial passenger,
10
residential or small,craft marina use shall be 484nches. Ali 5.3.1 d. ck, pier gangway and anchor pile layout
2.1.2 Multiresidential and small craft marina. multl�
other gangway minimum clear Width shall be 30 -Inches.
2.1.3 Commercial Passenger. 5.3.2 pontoon or float layout (with flotation calculations provided separately)
(N) 20" SQ CONC 0
2.2.21 Gangways (brcws) for commercial passenger, multi-regidential or PILE TYP >
5.3,3 framing details including angles, bent plates, bolt and nail >W
2.2 Harbor st small -craft marina uses shall be equipped with self-closing, self- W
ructures shall conform with "Layout Design Guidelines for Small (TOTAL OF 4) Z _J -I _j
patterns, splices, bumpers, cleats, etc, d W
latching gates P.t the bulkhead end. Gates shall notopen into 0 _J
Craft Berthing Facilities' latest edition published by the State, of California W ::i W
'060artmetit of Boating and Waterways (Gat Boating), 1629 "S" Street, intersecting walkways. La -H 0-
5.3.4 knee connections U_ W Z UJ -0
0 = I= M U-10
Sacramento, California 95814; telephone (916) 263-0784, except as modified W Y < 0 r--:
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2.2.22 Toe slept at the bottom of gangways (brows) for single or joint
by the Cityt "Standard DiaOngs. for Harbor Constniction- or as follows. 0 D _J W If 0
5.3.5 guide pi e roller assemblies 0- M U_
residential use shall not exceed 9 Inches. Skid resistant too 0
W W W
2.2.1 Berths shall not be occupied by vessels more than a beam width Plates shall be installed on all other gangways., 5.3.6 pier piles and anchor pfles 4' x 4' CL
longer than the b.etth nor larger than the vessel used in design FILLET TYP
calculations, 2.2.23 Railings for single or joint. residential use shall be 36 -inches (E) FLOATING DOCK
minimum height All other railings shall be 42 -inches minimum .
2.2.2 Maximum length vessel,is the largest vessel that shall be height. 5.3.7 top of bulkhead and pier deck elevations
5.3.8 maximum dredge contours (labeled as such)
permitted to occupy a berth, %
2.2.24 Railings for commercial harbor structures shall be built such that a 5.3.9 Maximum length vessels used In design calculations for each - - - - - - - - - - - - -
2.2.3 Applied loads shall, be calculated for not lower,than -a +75 feet sphere 4 -inches in diameter cannot pass through.' berth, (circled within the berth). - - - - - - - - - - - - -
2.2.25 Railings for commercial passenge r, mult1wresidential or small craft (E) BULKHEAD
Above MLLW water surface.
5.4 Harbor permits will be conditioned to, limit the size of vessels berthed in the PILE ELEVATION N.T.S.
icular marina uses shall be facility; e.g., "The Harbor P
2.2�A Wind loads shall W calculated both parallel to and perpendi capable of resisting a horizontal force Of at ermit for this facility shall be conditioned to allow SOUNDINGS ARE EXPECTED IN FEET
to maximum length vessels and structures. least 30pounds per linear foot applied at the top rail. All other AND DENOTE ELEVATIONS BASED ON
berthing of one -70 loot and three- 45 foot maximum length vessels PILING LAYOUT
harbor railings 9hall bercapable of supporting a -horizontal force of MEAN LOWER LOW WATER.
N.T.S.
2.2.5 Wind loads"On lateral area of vessels or structures 'shall not be 20 pounds per linear foot applied at the top rail. 5.5 Future dredging in the vicinity of a permitted harbor facility Will be restricted;
less than 15 Pounds per square foot. e.g., "Dredging not permitted below the contours shown hereon'. APLICANTS NAME LIDO MARINA VILLAGE LOT: TRACT: APLICANTS NAME : LIDO MARINA VILLAGE LOT: TRACT:
JOB ADDRESS LIDO MARINA VILLAGE CONTRACTOR :SHELLMAKER, INC. DATE JOB ADDRESS LIDO MARINA VILLAGE CONTRACTOR :SHELLMAKER, INC. DATE
2.2.6 Lateral area of vessels for wind load calculations shall be equal to 3 Materials NEWPORT BEACH, CA 92663 2035 F PLACENTIA AVENUE 09/26/05 NEWPORT BEACH, CA,, 92663 2035 F PLACENTIA AVENUE 26/05
COSTA MESA, CA, 92627 COSTA MESA, CA 92627 09/�
(0-15) X (maximum length vessel) X (maximum length vessel) PROCEDURES
3.1 Materials for harbor faciffies than conform to the "Standard Specifications for
2.2.7 Ten pprceht (10%) of the full wind load for an unshlelded vessel
Public Works Constructt;n" published by Building News, Inc -except as
PERMIT PROCESSING PROCEDURES
shall be applied to each vessel in the' lee of the unshlelded vessel. APPROVALS
modified as follows: SITE PLAN INSTRUCTIONS
2-2-8 Guide piles (those that provide lateral support for floats) shall be 1.� rill out a Building permit application at the Building Department permit The following checked (t/) approvals are required prior 16 issuing a guildin4 Permit:
3.2 Flbatation units shall consist of Provide a partial site plan in the space provided above drawn to an adequate scale to clearly'show the following
positioned around berthing areas such that the centrold of lateral counter. information:
Support provided at the +7.5 foot M tLW water surface elevation
3.2.1 Condtet6 cast around a solid, closed cell foarh core, - Approval in Concept Newport Beach Council
coincides with the centroid of applied lateral loads. 2e Use city standard harbor construction drawings (cost:' $2.00 per sheet). Draw
i. Location and dimension of proposed structure Including piles and locatilon of existing structures on adjacent
3.2.2 Fiberglass, polyethylene or p &firm fitUng solid, a site plan showing the scope of work and select the applicable details. Submit - Army Corps of Engineers California Coastal Commission
jastic shell with' properties.
2.2.9 Pile penetration shall not bieless than 10 feet, nor calculated engineering calculations'as requited. Follow the instructions on drawings.
penetration plus 3 feet closedcell foam core, or
3. L Three sets of drawings are required. Do step 2 on three sets or make copies. 2. Location of bulkhead, plerhead and project lines. AECEIVED -Public Works Department Building Department
3.2.3 A solid, closed cell foam core covered With an approved coating
2.2.10 Pile cutog elevation shall not be lower than +11.0 feet M LLW. �Soujb Coast Region
to prevent physical damage. 3. Location of property lines. County of Orange
4. Permit Technician will process the permit application and charge the plan
2211 Floalation systems and piles shall be the products of check fees. 2, 0 2116 California Coastal Commission
South Coast District ce
manufacturers and contractors regularly engaged in the 3.3 Timber for d6cks'shall have a minimum net thickness of i % inches. 4. Location of channel markers within .200 feet. Site Inspection. Site Re -inspection
production of such items for marine construction. , (, '! f� - �� �
CALIFORNIA rmit N
5. One set of drawings is placed in the Building Department plan check stack. . .......
3.4 Walking surfaces of gangways (brows), piers and floats shall have a non-skid The remaining two sets are given to the applicant to carry to Harbor 5. Lot sizes and lot numbers, it available. COASTAL COMMISSION Can (949) 644-3043 for appointment
finish, such as punched metal, unpainted Umber, or grit on metal, timber or By: --- ------ -----------
2.2.12 Sufficient flotation shall be provided to support dead load plus 20 Resources.
pounds per square foot live load with A.freeboard of not less than: plywood. 6. Existing ground profile beneath proposed structure C.,
CONDITIONS Date: ...... .. ..............
3.5 Timber shall be treated with ammonlacal copper arsenate (AGA) chromated 6. Harbor Resources will review the drawings and stamp the drawings "Approved 7. Elevation of top and bottom of bulkheads and piles with respect to M LLW.
2,212.1 10 -inches for modular concrete flotation systems for in Concept".
commercial, passenger use. copper arsenate (CCA) -or ammonlacal copper zinc arsenale (ACZA), per The Harbor Permit for this facility.shall be condifioned to allow the berthing of:
AWPA Standard C2. Field cuts and bored holes shall receive a brush coat of 8. Area and profile of any proposed dredging with elevations shoVing depths with respect of M L.M.
2.2.12.2 concentrated CCA, ACA or ACZA. 7. The applicant W11 pick up these drawings from Harbor Resources and pursue Number of boats 77vo Maximum boat length 16X O -V feet /Z,�� 3a -117-
8 -Inches for modular concrete floatation systems for all state and federal approvals as required by Harbor Resources. Plan check may Any special conditions affecting the construction or Affecting boating operations.
other uses. 3.6 Timber piles shall be dual treated per AWPA Standard C3. resume simultaneously while these approvals Are pending.
10. Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines.
2. . 2.12.3 3 -inches pontoon freeboard for detached pontoon 3.7 Rollers shall be fabricated from polyethylene or polyolefin material. 8. After the Building Department plan check has been completed, the applicant
Rotation systems for commercial passenger use. Will pick up and resolve 'Building Department corrections.
2.2.12.4 1 -inch pontoon freeboard for detached pontoon flotation 3.8 Iron and steel (including fasteners) in harbor structures, except for 9. The applicant will resubmit to the Building Department the Building check set
reinforcement covered by at least 3 inches of concrete, shall be stainless steel
systems for 811 other uses, . and two sets bearing required state and federal approvals.
alloy, hot -dip galvanized, or epoxy coated.
HAKDOR ONSTRUCTION 'STANDARDS
2.2.13 Weight of treated Douglas Fir shall be assumed to'be 35 pounds 10. The Building Department will verify that the Building corrections have been CITY OF NEWPORT BEACH BUILDING DEPARTMENT
per cubic foot. Weight of sea water shall be assumed to be 64 resolved and all the required federal and state approvals are on the dram' 10"
ngs
pounds' per cubic foot. 4 Allowable Stresses and issue the Harbor permit. The Building Department record set must bear all TITLE SHE�T & SPECIPICATIONS 451,
0
required approvals. DWG. SCALE
10
;�w 101 1
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HARBOR RESOURCES APPROVAL
i2.14 Finger floats with wood decks shall be equipped with 2 YrInch 4.1 Allowable stresses for harbor structures shall not exceed those recommended
AS SHOWN.T AUGUST_ 25.. i6w
minimum diameter steel pipe torsion bars along float centedines. in the "Uniform Building Code". 25.. i ibe
DRAWING NO.
BY: DATE:
SHEET 01
-.7
SIK 09/26/05
VT
3
.41
___(E) FLOATING DOCK TO REMAIN
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& BE PROTECTED TYP ?I; E;7: i
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(E) FLOATING DOCK AT HATCHED
AREA TO BE REMOVED
0
30-010 81-01t PROPOSED FLOATING DOCK NDTH ;'z w,
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FOR ENLARGED I H 21
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TYP U. N. 0. TYP U. N. 0. PROPOSED FLOATING ag,�,_,-
DOCK PLAN
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(N) LOCATION OF THE I I CC 5 :i
RELOCATED PILE- PROPOSED FLOSTING DOCK &
PILES @ POCHED AREA,
00
15'-O"± I
__(E) BROCKEN CONC PILE TO BE REPLACED 0 in
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WITH ONE OF THE REMOVED DOCKS PILES cc 0 (0
(IF IN GOOD CONDITION) & BE RELOCATED 0 4C ..
ON THE OTHER SIDE OF RAMP CL ul 0
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NQIES:- 1. PROVIDE CLASS III STANDPIPE THE ADDRESS OF GEORGE'S CAMALOT RESTAUTANT ACROSS FROM THE PROPOSED 0 UA
WITHIN 75' OF END OF DOCK FINGER. a0
2. PLANS AND PERMIT REQUIRED FOR FLOATING DOCK IS: 3420 \AA OPORTO, NEWPORT BEACH, CA 92663
DOCK PROTECTION SYSTEM.
3. DOCK PROTECTION WILL BE
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STRUCTURAL GENERAL NOTES 01C WO
0111111 iE-i
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GENERAL REQUIREMENTS CONCRETE 0 j ca w
NAILING AND FASTENERS ABBREVIATIONS j U_
1. CONSTRUCTION SHALL BE IN CONFORMITY WITH THE 2001 EDITION OF THE 1. ALL CONCRETE MIX DESIGNS, CONFORMING TO CBC SEC11ONS 1904 & 1905, SHALL BE 1. ALL NAILS, FASTENERS AND HARDWARE SHALL BE STAINLESS, HOT DIP GALVANIZED U. 0
CALIFORNIA BUILDING CODE (CBC) AND ALL APPLICABLE LOCAL AND STATE SUBMITTED TO THE ENGINEER FOR REVIEW AND APPROVAL BEFORE ANY CONCRETE OR EPDXY COATED. A.6 . ........... ANCHOR BOLT N.T.& .......... NOT TO SCALE z
CODES AND ORDINANCES. 2. ALL NAILS SHALL BE 16d (0.148" DIAMETER) HELICAL THREAD NAILS, WITH A.C.P . ......... ASPHALT CONCRETE PAVING O.0 . ............. ON CENTER 0
IS PLACED. ALL CONCRETE MIXES SHALL HAVE A MINIMUM CEMENT CONTENT MINIMUM BENDING YIELD STRENGTH OF FyB= 90,000 PSI, U.N.O. ADDL .......... ADDITIONAL OFF ............. OFFICE Uj 0 P=
2. SITE INSPECTION: THE CONTRACTOR SHALL EXAMINE THE PROJECT SITE & OF 6.0 SACKS OF CEMENT PER CUBIC YARD OF MIX, FOR USE IN A SALT WATER 3. NAILING SHALL BE IN ACCORDANCE WITH TABLES 23-11-B-1 & 23-11-8-2 A.F.F . ......... ABOVE FININSH FLOOR OPNG ........... OPENING Ca Uj < V)
SHALL VERIFY ALL DIMENSIONS, LOCATIONS & ELEVATIONS OF THE EXISTING ENVIRONMENT. ALL CONCRETE MIXES SHALL BE CERTIFIED BY A CONCRETE TESTING OF THE CBC, U.N.O. ON DRAWINGS. ALT ............ ALTERNATE OPP HD ....... OPPOSITE HAND SYMBOLS 0 0 ,d
CONSTRUCTION. THE CONTRACTOR SHALL ALSO DILLIGENTLY INVESTIGATE THE LABORATORY AND SIGNED BY A CALIFORNIA REGISTERED CIVIL ENGINEER. 0. s
SITE FOR THE POSSIBLE EXISTENCE & LOCATION OF UNDERGROUND UTILITIES, 2. CONCRETE SHALL HAVE MINIMUM 28 DAY COMPRESSIVE STRENGTH OF 6000 PSI. 4. ALL HARDWARE SHALL BE MANUFACTORED BY "SIMPSON STRONG -TIE CO., INC." ARCHT ........ ARCHITECTURAL O.S.F . .......... OUTSIDE FACE @ .............. AT 0 a Uj i
PRIOR TO ORDERING ANY MATERIAL AND/OR COMMENCING WORK AND SHALL THE MAXIMUM CONCRETE SLUMP SHALL NOT EXCEED 4". PLACING OF ANY CONCRETE AND SHALL HAVE A VALID ICSO NUMBER ON THE PRODUCT., ANY DEVIATION FROM B.B . ....... .... BOTTOM OF BEAM P -C . ............ PIPE COLUMN CENTER LINE 0 Z
REPORT ANY DISCREPANCIES TO "WILLIAM SIMPSON & ASSOCIATES, INC." SHALL BE COhTINUOUSLY INSPECTED BY A REGISTERED DEPUTY INSPECTOR, PAID FOR THE APPROVED PRODUCTS MUST BE APPROVED IN THE PLAN CHECK OFFICE, BET .............. BETWEEN PL ................ PLATE OR PROPERTY LINE . ....... DIAMETER j
HEREINAFTER CALLED "THE ENGINEER". BY THE OWNER. AND NOT BY THE FIELD INSPECTOR. BLDG ............ BUILDING PILAS .......... PILASTER 0 . .............. PLATE OR PROPERTY LINE
3. CONTRACTOR SHALL PROVIDE BARRICADES AND PEDESTRIAN PROTECTION AS 3. GROUT SHALL HAVE A MINIMUM 28 -DAY STRENGTH THE SAME AS THAT OF THE 5. ALL HARDWARE SHALL BE INSTALLED PER MANUFACTURER'S RECOMMENDATIONS. BM _ ......... BEAM PLYWD ..... ...PLYWOOD $ .............. STEP IN FOOTING
REQUIRED BY STATE AND LOCAL CODES. PANELS. THE CONCRETE GROUT SHALL BE A SUITABLE MIX CONSISTING OF PEA BLIND NAILING SHALL NOT BE ACCEPTABLE AND WILL BE REJECTED. SOT ............. BOTTOM PSF ............ POUNDS PER SQUARE FOOT (E) ............. EXISTING
B.W . .......... - BOTTOM OF WALL PSI ............. POUNDS PER SQUARE INCH (N) .............. NEW to
4. CONTRACTOR SHALL CONSULT WITH REPRESENTATIVES OF CITY AND UTILITY GRAVEL, SAND CEMENT AND WATER. MAXIMUM SLUMP SHALL BE 5 INCHES. AN a,
M cn
COMPANIES CONCERNING AVAILABLE FACILITIES BEFORE COMMENCING WORK OR STEEL C ................. CHANNEL REBAR ......... REINFORCING BAR W
CONNECTING TO SEWER, PIPING OR WIRING, ETC., AND REPORT ANY PROBLEMS APPROVED SUPERPLASTICIZING ADMIXTURE MAY BE ADDED TO INCREASE THE SLUMP CANT .......... CANTILEVER R.B . ............. ROOF BEAM Califomia Coastal Commission LLJ
TO MAXIMUM -,.5 INCHES. GROUT UNDER PLATES SHALL BE "POR -ROK" OR "FIVE STAR 1 . PLATES SHALL CONFORM TO A.S.T.M. A36, ie
CL ................. CENTER LINE REQD ........... REQUIRED South Coast Di!�jict ffice LIU-
TO THE ENGINEER. GROUT" OR A� APPROVED EQUAL. 2. STEEL PIPES SHALL CONFORM TO A.S.T.M. A53, GRADE B. CLG ............. . CEILING REINF ......... REINFORCING A z
5. OMISSIONS OR CONFLICTS BETWEEN VARIOUS ELEMENTS OF THE DRAWINGS, 4. PORTLAND CENENT SHALL BE TYPE V LOW ALKALI CONFORMING TO A.S.T.M. C150 AND CLR ............ CLEAR ermit N
WHERE HIGH
NOTES, AND DETAILS SHALL BE BROUGHT TO THE ATTENTION OF THE ENGINEER 3. ALL BOLTS SHALL CONFORM TO A.S.T.M. A337, UNLESS NOTED OTHERWISE. REF ............ REFERENCE Lou
SHALL BE TESTED. AGGREGATES SHALL BE NORMAL WEIGHT (145 PCF) U.N.O. STRENGTH, (H.S.) BOLTS ARE SPECIFIED, THEY SHALL BE MINIMUM 3/4" DIAMETER AND C.M.0 . ......... CONCRETE MASONRY UNIT REV ............. REVISION z
AND RESOLVED BEFORE PROCEEDING NTH THE WORK. CONFORMING 70 A.S.T.M. C33, WITH CONCRETE SHRINKAGE CHARACTERISTICS OF LESS CONFORM TO A.S.T.M. A325 SC CLASS A UNLESS NOTED OTHERWISE ON THE PLANS. COL ............ COLUMN y ------ ------ - --------- Z
6. CONTRACTOR SHALL INSTALL TEMPORARY TOILETS BEFORE START OF JOB. T.L . ............. TOP OF LEDGER 0
wo a, 0
THAN 0.050% WATER -CEMENT RA110 SHALL NOT EXCE�ED 0.40. THE INSTALLATION OF H.S. BOLTS SHALL BE INSPECTED BY A REGISTERED DEPUTY CONC ........... CONCRETE TS ............. TUBE STEEL z - C) -.1
7. NOTES AND DETAILS ON DRAWINGS SHALL TAKE PRECEDENCE OVER THESE 5. CONCRETE TEST SAMPLES SHALL BE TAKEN IN ACCORDANCE WITH A.S.T.M. AND CBC INSPECTOR APPROVED BY THE BUILDING DEPARTMENT. CONN .......... CONNECT10N EuFnFE - <
GENERAL NOTES. STANDARDS. Rr-SULTS OF THE 7 & 28 DAY TESTS SHALL BE SUBMITTED TO THE 4. ALL BOLTS HOLES IN STEEL MEMBERS SHALL BE STANDARD HOLES, U.N.O. CONT Date* - ----- 2,1- z
.......... CONTINUOUS C-)
8. TYPICAL DETAILS SHOWN SHALL APPLY WHERE NO SPECIAL DETAIL IS SHOWN. ENGINEER FOR HIS RECORDS. SLUMP TESTS ARE REQUIRED FOR ALL TEST SAMPLES 5. FABRICATION AND ERECTION SHALL CONFORM TO THE 9th EDIT10N OF A.I.S.C. SPECIFICATIONS. CONST ........ CONSTRUCTION
C14 (n
9. WRITTEN DIMENSIONS (NOT SCALED DIMENSIONS) SHALL BE USED. AND MUST ALSO BE REPORTED. 6. ALL HOLES FOR BOLTS IN STRUCTURAL STEEL SHALL, BE DRILLED OR PUNCHED. BURNING CTR ........... CENTER to <
D C14 V)
10. TEMPORARY ERECTION BRACING AND SHORING SHALL BE PROVIDED AS REQUIRED 6. SIDES OF DEADMAN FOOTINGS SHALL BE POURED AGAINST STABLE EARTH. OF HOLES SHALL NOT BE PERMITTED. DSL ............. DOUBLE RECEIVED co CF) 3:
ON ALL STRUCTURES, ADEQUATE TO PROVIDE FULL STRUCTURAL STABILITY AND 7. ALL STEEL RENFORCING, ANCHOR BOLTS, DOWELS AND OTHER INSERTS SHALL'BE 7. ALL STEEL SHALL BE STAINLESS, HOT DIP GALVANIZED OR EPDXY COATED. DET ............. DETAIL <
SAFETY. BRACING SHALL NOT BE REMOVED UNTIL THE ELEMENTS ARE FULLY SECURED IN P:)SITION AND INSPECTED BY THE LOCAL BUILDING DEPARTMENT DIAG ........... DIAGONAL Soutk Coast Region ce Q
CONNECTED AND ARE CAPABLE OF SUPPORTING THE DESIGN LOADING. INSPECTOR, PRIOR TO THE PLACING OF ANY CONCRETE. SOLID SAWN MEMBERS AND GLU-LAM BEAMS DIAPH ......... DIAPHRAGM <
11. CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE 8. ALL NECESSAFY BRACES, STRONGBACKS, PICK-UP INSERTS, BOLTS, ETC., FOR DIA ............... DIAMETER 14N 2 0 2006
RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF PRECAST CONCRETE PANELS SHALL BE DESIGNED BY OTHERS FOR SAFE ERECTION OF 1 . ALL ROUGH LUMBER USED IN THE WORK SHALL BE SELECT STRUCTURAL DOUGLAS ............. DIMENSION
CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND DIM m Uj
THE PANELS. FIR -LARCH TREATED WITH ACZA PER THE LATEST AWPA STANDARD C-2, MIMIMUM ON .............. DOWN
CL PROPERTY, THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT 9. NO FLY ASH SHALL BE USED IN ANY CONCRETE. NO CALCIUM CHLORIDE SHALL BE RETENTION 0.60 #/CF. CALIFORNIA Cl)
H.P . ............... HIGH POINT C 0-45TkL COAk�!55--fCN 0
m BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL
CL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM USED IN ANY CONCRETE. 2� ALL BOLT HOLES IN WOOD MEMBERS SHALL BE A MINIMUM OF 1/32" TO A MAXIMUM OF 1/16" LDR ............. LEDGER
(0 10. ALL CONCRETE TO BE CURED FOR A MINIMUM OF 3 DAYS BY A METHOD ACCEPTABLE LARGER THAN THE BOLT DIAMETER. WOOD MEMBERS NTH HOLES NOT MEETING THE ABOVE LG ...... ........ LONG
ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNEC11ON WITH THE TO THE ENGINEER. CRITERIA SHALL BE REMOVED AND REPLACED BY THE CONTRACTOR AT HIS OWN EXPENSE. LLH .............. LONG LEG HORIZONTAL
m PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING 11. FORMS MAY BE STRIPPED ONLY AFTER THE CONCRETE HAS REACHED A MINIMUM 3. FIELD CUTS AND BORED HOLES SHALL RECEIVE A BRUSH COAT OF CONCENTRATED ACZA. LLV ............ LONG LEG VERTICAL
0 FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER. COMPRESSIVE STRENGTH OF 3000 PSI. 4. WALKING SURFACES SHALL HAVE A SKID RESISTANT FINISH, SUCH AS UNPAID TIMBER OR LONGIT ........ LONGITUDINAL
a- 12. THE CONTRACTOR SHALL EXERCISE EXTREME CAUTION NOT TO UNDERMINE ANY I
m GRIT ON TIMBER. L.P . ............. LOW POINT
CL ADJACENT STRUCTURE DURING THE COURSE OF CONSTRUCTION. REINFORCING STEEL 5. ALL GLUED LAMINATED MEMBERS SHALL COMPLY WITH STANDARD SPECIFI SCOPE OF WORK
13. CLEAN UP: NO PAINT, PLASTER, CEMENT, SOIL, MORTAR OR OTHER RESIDUE CATION LT ............... LIGHT
SHALL BE ALLOWED TO ENTER THE BAY, STREETS, GUTTERS OR STORM DRAINS. FOR STRUCTURAL GLUED LAMINATED DOUGLAS FIR'LARCH (COAST REGION) MAX ... ........ MAXIMUM
1. ALL REINFORC14G STEEL, UNLESS NOTED OTHERWISE, SHALL CONFORM TO A.S.T.M. LUMBER, AITC 117 - THE LATEST EDITION. M.B . ............ MACHINE BOLT REPLACING THE EXISTING TWO APPROXIMATELY 47' LONG x 41' WIDE EACH
ALL MATERIALS & WASTE SHALL BE REMOVED FROM THE SITE, NBMC 17.32.020. ss
,7,14. DEMOL111ON: ALL MATERIAL FROM THE EXISTING BULKHEAD THAT IS NOT USED SPECIFICATIONS A615 AND BE INTERMEDIATE GRADE 60 FOR BARS #4 AND A) GRADE COMBINATION 24F -V4. MECH .......... MECHANICAL FLOATING DOCKS NTH A NEW 9S LONG x 8' WIDE FLOATING DOCK. E
N GREATER, AND GRADE 40 FOR BARS LESS THAN #4 AND ALL TIES AND DOWELS. B� INDUSTRIAL APPEARANCE GRADE (U.N.O.) MEZZ ......... MEZZANINE
AS FILL SHALL BE REMOVED FROM THE SITE & DISPOSED OF IN AN OFFICIAL e<\ -
DUMP SITE. 2. ALL REINFORCEMENT TO BE WELDED SHALL CONFORM TO A.S.T.M. A706, C ADHESIVE SHALL BE 'PHENOL- RESORCI NAL' CONFORMING TO THE LATEST MFD ............. MANUFACTURED
m 15. SEE THE LATEST "GENERAL GRADING SPECIFICATIONS" OF THE BUILDING UNLESS NOTEE OTHERWISE. EDITON OF A.S.T.M. D 2559. MFR ............. MANUFACTURER S 3812
0- 3� REINFORCEMENT MARKED CONTINUOUS MAY BE SPLICED BY LAPPING 42 BAR D) TREATED NTH ACA OR ACZA PER THE LATEST AWPA STANDARD. MIN ............. MINIMUM DR 03/31/200
DEPARTMENT, CITY OF NEWPORT BEACH, FOR THE CITY'S: GENERAL NOTES,
co EROSION CONTROLS, REQUIRED INSPECTIONS, GRADING FILLS/CUTS & ALL DIAMETERS IN CONCRETE AND 48 BAR DIAMETERS IN MASONRY NTH 24 INCH E) ENDS SHALL BE SEALED NTH PENETRA71NG SEALER. MISC ............ MISCELLANEOUS
1�_
NECESSARY DOCUMENTATION. MINIMUM LAP N EACH CASE, UNLESS OTHERWISE NOTED ON PLANS, ALL 6. ALL GLU-LAM MEMBERS SHALL BE CONSTRUCTED BY A LICENSED FABRICATION SHOP. M.F.0 . .......... METAL FRAMED OPENING T NR_
16. DOCK STRUCTURES SHALL BE CONSTRUCTED IN ACCORDANCE WITH CURRENT SPLICES WHEN DETAILED SHALL BE LOCATED WHERE SHOWN ON PLANS. 7. THE FABRICATORS SHALL PROVIDE PROTECTION FOR THE GLU-LAM MEMBERS MTL ............. METAL NOTE TO THE BIDDERSi
4. REINFORCING �TEEL SHALL BE ACCURATELY PLACED AND SECURED IN POSITION (N) ............. NEW
m CITY STANDARD DRAWINGS AND SPECIFICATIONS FOR HARBOR CONSTRUCTION. DURING TRANSIT. THE ERECTOR SHALL BE RESPONSIBLE FOR PROPER CARE
17. PONTOONS SHALL BE AS MANUFACTURED BY HENDERSON MARINE SUPPLY, INC, WITH METAL OR CONCRETE BLOCKS, CHAIRS, SPACERS, ETC., BEFORE PLACING AND PROTECTION OF GLU-LAM MEMBERS DURING UNLOADING AND ERECTION. N.I.0 . ........... NOTIN CONTRACT AFTER THOROUGHLY EXAMINING'THE CONSTRUCTION DOCUMENTS 'AND THE SITE: S- 6 2 r0ru. 5
CONCRETE. 8. GLU-LAM FABRICATOR SHALL SUBMIT A CERTIFICATE OF INSPEC11ON TO THE NO . ............. NUMBER 1. NOTIFY THE ARCHITECT AND/OR THE ENGINEER IN WRITING, REGARDING ALL
OR EQUAL AND SHALL HAVE A SOLID POLYSTYRENE FOAM CORE WITH 2.0 PCF 5. ADDITIONAL REINFORCING REQUIRED FOR ERECTION OF PRECAST CONCRETE SHALL N.S . ............. NELSON STUD OR NEAR SIDE'
LOCAL BUILDING DEPARTMENT FOR EACH GLU-LAM MEMBER PRIOR TO ERECTION. DISCREPANCIES REQUIRING CLARIFICATION, PRIOR TO THE "BID SUBMITTAL". > >
DENSITY AND )i" THICK TREATED EXTERIOR PLYWOOD LID. BE ADDED PER THE CONTRACTORS DETAILS. 0 0 >0 'or.
n 18. CLEATS SHALL BE CAST DUCTILE IRON - HOT DIP GALVANIZED, AS 6. MINIMUM CONCRETE COVER FOR REINFORCING STEEL SHALL BE AS FOLLOWS, 2. IF THE ARCHITECT AND R THE ENGINEER IS NOT NOTIFIED, AS REQUIRED PER m <
/0 1- U_
m MANUFACTURED BY HENDERSON MARINE SUPPLY, INC. OR EQUAL. UNLESS NOTED OTHERWISE. WELDING ITEM #1 ABOVE, IT SHALL MEAN THAT THE CONTRACTOR HAS CONSIDERED w 6 < U.1 w C14
CL CL 0- 0 a- t- '-,
A ADEQUATE CONTINGENCY IN HIS BID TO COVER ALL COSTS TO COMPLY WITH w W w - < Cn
) CONCRETE BELOW GRADE OR IN CONTACT WITH SOIL: WHEN CAST AGAINST 1. ALL WELDING SHALL BE DONE USING THE SHIELDED ELECTRIC ARC PROCESS BY CERTIFIED tri < 0:1
FOUNDATIONS THE MOST STRINGENT CONDITIONS. 0 m 0- Q_ 00
0 -1 EARTH 3", MEN FORMED 2". WELDERS, USING E70XX ELECTRODES.
1. PILING DESIGN IS BASED ON THE RECOMMENDATIONS CONTAINED IN THE B) WALLS ABOVE GRADE: EXTERIOR FACE 11/2", INTERIOR FACE 1". 2. WELDING OF STEEL REINFORCING BARS SHALL BE DONE WITH LOW HYDROGEN ELECTRODES, 3. THE CONTRACTOR SHALL NOT BE ENTITLED TO ANY ADDITIONAL COMPENSATION
TABLE 18-1-A OF THE CBC. C) PRECAST CONCRETE ELEMENTS: AS DETAILED. A233, CLASS E70XX SERIES. FOR ANY DISCREPANCY DISCOVERED AFTER THE "CLOSE OF THE BID". 00
3. WELDS IDENTIFIED AS REQUIRING CONTINUOUS OR PERIODIC SPECIAL INSPECTION NEED NOT 00
2 D) CONCRETE SLAB ON GRADE: REINFORCING STEEL AT CENTER OF SLAB, 0
UNLESS NOTED OTHERWISE. HAVE SPECIAL INSPEC11ON WHEN WELDING IS DONE IN AN APPROVED FABRICATOR'S SHOP, (0
7. REINFORCEMENT DETAILING SHALL BE IN ACCORDANCE NTH CBC SECTION 1907. HOWEVER, THE APPROVED FABRICATOR MUST SUBMIT A CERTIFICATE OF, COMPLIANCE IN
ACCORDANCE NTH CBC SECTION 1701.7. 01
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(E) FLOATING DOCK (VERIFY) (VERIFY) (E) DREDGE ELEV
Newport Beach
�D L.L.W. --PROPOSED TWO 18" SO CONC 5 3812
N rt EXP� 03 -
.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PILES, SEE DETAIL or. YO _:,q 7
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0- BOARD PER CROSS N TORSION BAR CONN P CLEAT DETAIL N.T.S. 04 :2
M 1 0
MEMBER S2U: WO/12/04
a- NE OF (E) BULKHEAD WALL 04 41 _j M LU
CENTER LI V) <
0 OF PILE TYP T.0, PILE ELEV=+12.00'
Ln CLEAT TYP 04, 10" <
Z
_X A 0 in
(E) FLOATING DOCK
1.0
T M. L. L. W. TYP
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10,_ -Olt lot -044 100-01t V
SIMPSON "U" HGR 9 !L
e-
-----------------
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Hospital
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PROPOSED FLOSTING DOCK
CL (c) F1 =01
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11 61' 6 -6 9. 0'± M. L. L. W.
e - - - � 1%� , _ " �_V, - - -
(E) FLOATING DOCK (VERIFY) (VERIFY) (E) DREDGE ELEV
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N rt EXP� 03 -
.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PILES, SEE DETAIL or. YO _:,q 7
CL
td I 1_=1 I 1=_1
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(E) DREDGE ELEV
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T
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Li
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RECEIVED
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COAS'iAL- COMMISSION
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