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HomeMy WebLinkAboutM2012-0031Waterfront Newport Beach, LLC �9 2901 W. Coast Hwy., #200 New Beach, CA 92663- M Tel: 949.258.4370 Fax: 949.258.4389 �a ROBERT LOUNSBURY Project Manager / Member Westchester Medical Plaza, LLC 8540 S. Sepulveda Blvd., #706 Los Angeles, CA 90045 Tel: 310.641.4843 Fax: 310.641.8720 Cell: 206.619.5332 RLLounsbury@msn.com STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast Area Office Page 1 of 7 200 oceangate, Suite 1000 Date: January 25, 2012 Long Beach, CA 90802-4302 (a (552) 590-5071 Permit No: 5-11-132 COASTAL. DEVELOPMENT PERMIT On October 6, 2011, the California Coastal Commission approved Coastal Development Permit No. 5-11-132, requested by Waterfront Newport Beach LLC, subject to the attached conditions, for development consisting of: Demolition of existing 2,950 sq. ft. 6 -slip commercial docks, gangway and 23 piles and construction of a new 4,325 sq. ft. 5 -slip commercial docks, gangway and 23 piles (19, 18" diameter dock guide piles and 4, 14" diameter gangway platform support piles) in a.different configuration with ADA compliant gangway, on -dock fire suppression system, water supply backflow preventers, waste pumpout station, and vessel "cold -ironing" electrical facilities. More specifically described in the application file in the Commission offices. The development is within the coastal zone ,in Orange County at 2901 West Coast Highway, Newport Beach. APN NO.: 049-130-14 Issued on behalf of the California Coastal Commission on October 28, 2011. CHARLES LESTER By: Executive Director TitleCOoastal Program Analyst ACKNOWLEDGMENT 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. COASTAL DEVELOPMENT PERMIT No. 5-11-132 Date: October 28, 2011 Page 2 of 7 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 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: 1. REVISED FINAL PROJECT PLANS A. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicants shall submit, for review and approval of the Executive Director, two (2) full size sets of revised, final project plans in substantial conformance with the plans received in our office on May 23, 2011; however, the revised final plans shall include the following changes: Indication of the location for the proposed on -dock fire suppression system, water supply backflow preventers, waste pump -out station, vessel "cold -ironing" electrical facilities and appropriate signage for proposed public access short-term public docking slip and water taxi area. B. The applicants shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. COASTAL DEVELOPMENT PERMIT No. 5-11-132 Date: October 28, 2011 Page 3 of 7 2. EELGRASS SURVEY A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zosters 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 10 (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 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 Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (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 applicants 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. COASTAL DEVELOPMENT PERMIT No. 5-11-132 Date: October 28, 2011 Page 4 of 7 C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: for the review and approval of the Executive Director; and 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), or their successors. D. If Caulerpa taxifolia is found within the project or buffer areas, the applicants shall not proceed with the project until 1) the applicants provide evidence to the Executive Director that all C. taxifolia discovered within the project area and all C. taxifolia discovered within the buffer area have 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 applicants have 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. 4. CONSTRUCTION RESPONSIBILITIES AND DEBRIS REMOVAL The permittees shall comply with the following construction -related requirements: A. No construction materials, equipment, debris, or waste shall be placed or stored where it may be subject to tidal and wave erosion and dispersion. B. Any and all debris, resulting from construction activities shall be removed from the site within 24 hours of completion of construction. C. Machinery or construction materials not essential for project improvements shall not be allowed at any time in the intertidal zone. D. Sand from'the beach, cobbles, or shoreline rocks shall not be used for construction material. E. If turbid conditions are generated during construction a silt curtain shall be utilized to control turbidity. F. Measures shall be taken to ensure that barges do not ground and impact any identified eelgrass within the project area. G. Floating booms shall be used to contain debris discharged into coastal waters and any debris discharged shall be removed as soon as possible but no later than the end of each day. COASTAL DEVELOPMENT PERMIT No. 5-11-132 Date: October 28, 2011 Page 5 of 7 H. Non -buoyant debris discharged into coastal waters shall be recovered by divers as soon as possible after loss. Reasonable and prudent measures shall be taken to prevent any discharge of fuel or oily waste from heavy machinery, pile drivers, or construction equipment or power tools into coastal waters. The applicants and applicants' contractors shall have adequate equipment available to contain any such spill immediately. J. All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. K. All debris and trash shall be disposed of in the proper trash and recycling receptacles at the end of each construction day. L. The applicants shall use the least damaging method for the construction of pilings and any other activity that will disturb benthic sediments. The applicants shall limit, to the greatest extent practicable, the suspension of benthic sediments into the water column. 5. 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. COASTAL DEVELOPMENT PERMIT No. 5-11-132 Date: October 28, 2011 Page 6 of 7 (3) Petroleum Control Management Measures: a. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed 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. The use of soaps that can be discharged by bilge pumps is prohibited. b. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump -out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids. c. Bilge cleaners containing detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge. pumps. 6. PARKING MANAGEMENT PLAN A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and written approval of the Executive Director, a parking management plan for the development approved by Coastal Development Permit No. 5-11-132. 1. The parking plan shall indicate that parking is designated on-site in the following manner: 136 on-site parking spaces and 69 off-site spaces owned/operated by the applicant for exclusive after-hours use by the charter boat operations. Overflow parking (40-75 parking spaces) also available for special events or as needed. Except for their administrative operations, the charter operation hours of operation shall be after 5pm, Monday through Friday and on the weekends. 2. The applicant shall submit written evidence, for review and approval of the Executive Director, which shows off-site parking spaces have been provided to meet the occasional overflow parking demands, of the charter operation. No public parking spaces (e.g., on public streets or within public parking lots) shall be used to satisfy the overflow parking requirements. The applicant shall submit a plan that identifies the specific location(s) of the off-site overflow parking spaces and shall submit documentation that secures the applicant's legal ability to access and utilize the proposed off-site parking supply during the hours when the charter boat business operations are active. 3. The parking plan shall include, at a minimum, the following components: a. A signage plan, depicting the design (e.g., dimensions, wording, etc.) of the posted parking signs including a site plan indicating COASTAL DEVELOPMENT PERMIT No. 5-11-132 Date: October 28, 2011 Page 7 of 7 location of signs. Signs shall be sized and sited such that they are clearly visible and legible to occupants of vehicles seeking parking to patronize the on-site uses. These signs shall clearly explain the availability of on-site and off-site parking .and also locate the off- site parking locations; b. A site plan depicting the locations where employee and customer parking signs will be installed; C. The directions and maps to the off-site parking locations to be given to the charter boat and yacht club patrons; d. The on-site and off-site parking lots shall have parking attendants to direct patrons to the designated parking areas (on and off-site). B. The permittee shall undertake development in accordance with the approved final plan. Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 7. FUTURE DEVELOPMENT This permit is only for the development described in Coastal Development Permit No. 5-11-132. Pursuant to Title 14 California Code of Regulations section 13253(b)(6), the exemptions otherwise provided in Public Resources Code section 30610(b) shall not apply to the development governed by Coastal Development Permit No. 5-11-132. Accordingly, any future improvements to the boat docks authorized by this permit and the project site that currently has uses on site consisting of a charter boat, a yacht club, a radar company, a mortgage company and a flooring company, including but not limited to repair and maintenance identified as requiring a permit in Public Resources section 30610(d) and Title 14 California Code of Regulations sections 13252(a) -(b), shall require an amendment to Permit No. 5-11-132 from the Commission or shall require an additional coastal development permit from the Commission or from the applicable certified local government. CDP 5-11-132 Printed on January 25, 2012 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMITIAPPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Cade, Sections 13214 and 13211. General Description of Proposed Development: Remove 4850ft2 and replace with 4325ft2 .dock. Remove 23 piles and replace 23 concrete piles. ddress number must be stenciled on at least I bay and facing ilea s" �"• "gar. s �' 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 pian, if any: 3. The general uses and 'intensity of use proposed for each part of the area covered in the application. Page 1 of 2; And find Q They comply with the current adopted Newport Beach General Plan; Municipal Code, Title 17 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 concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: JHas been determined to be ministerial or categorically exempt. o Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and. are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change 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 Special Conditions. IT ler, Harbor Resources Manager February 17, 2011 Attachments: Worksheet for Building Pen -nit Application Drawing Pier Conditions Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 t Fax (949) 723-058.9 Special Conditions February 17, '2011 Property Address: 2901 W. Coast Hwy With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions ill now be in effect: 1 The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport.Beach Municipal Code. The project proponent understands that the above -referenced structure(s) is underthe purview of these Policies and. Codes 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work conside'ed to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document. pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier; pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage: "Except as otherwise provided in this section, no person shall use any public street; sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage, of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6 The project shall be implemented in conformance with the Local Coastal Program Coastal Land Use. Plan. Page .I of 2- 7. in accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No personshall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of severe a.m. and six -thirty p.m., nor on any ,Saturday except between the hours of eight a.m. and six p.m. B Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition painting, plastering or any other related building activity; operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the beam width. 10. Applicant must submit a Dock Management Plan to Harbor Resources Division. Dock Management Plan will be reviewed and evaluated as a prerequisite for final project approval. Dock Management Plan should include, but not be limited to, hours of operation; cleaning and refuse management; lighting; public access and, guest staging; pumpout maintenance and inspections; and berthing within designated boundaries. 11. Applicant must submit plans to the Community Development Services, and in electrical provisions include detailed information for Alternative Maritime Power, "or cold - ironing, while vessels are tied to the docks. 12. Applicant must submit a fire management plan to be reviewed by the Fire Department as a prerequisite for final project plan approval. 13. All vessels must be able to enter and exit its slip and the marina without moving another vessel. 14. Commercial Pier Lease will be negotiated for the commercial use of the public tidelands. Farb urccTi —es Manager Applicant Signature -`' Print Name \vJ 0 r L C Page 2 of 2 I jnj'%VVI\ 1%6VVV1avw WIT' TY OF NEWPORT BEACH CITY OF NEWPORT BEACH 1"1 1 t CITY OF NEWPORT BEACH WEST UPPER +7J +IJ +13 +7J Cp NEWPORT ON �7 BAY 1 �7po EAST -fz NEjyP,S`F � Cp'4S 17 ORT r ALBOA BOq Q ISLAND ti PIEWP RT PeN/NS() BAY 'q C/FjC O CoA Coil ^V 'PIER VICINITY MAP ^I' WEST SCALE 1 "=40' ELEVATION JETTY SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE DEPTHS NEWPORT BAY, 011"IFORNIA EAST ,.� BELOW MEAN LOWER LOW WATER. MAXIMUM RANGE OF TIDE PROJECT SITE Z EKY APRTHISXIMATELY SECTION OF HARBOR LINES ARE ESTABLISHED IN NEWPORT BAY. SCOPE OF WORK: REPLACE EXISTING FLOATING DOCK WITH NEW DOCK. REPLACE EXISTING PILES WITH 19 NEW 18" SQUARE CONIC. PILES PROVIDE NEW ADA GANGWAY AND RAMP SYSTEM. INSTALL 7'x7' GANGWAY LOBE SUPPORTED BY 4 14" SQUARE CONC. PILES. PERIAI TIED DOCK k LANGV/AY MEA (193)): 4,850 SF EXISTING DOCK & GANGV/AY AREA (2010).' 2,950 SF PRCPOSEO DOCK AREA: 3,981 SF LANGY/AYS Q PIER V/AIER COVyRAGE: .344 SF IOTA! V/A lER COVERAGE: 4,125 2F _^' SO. CONCRETE PILES FOR DOCK = 19 l4" 50 CONCRETE PILES OR GANGWAY PLAIFORIA - 4 PROJECT LINE � US PIER NEAP 20' LINf _ 15 PIER HEAD LINE PER PARCEL MAP 64-709 AND UNE CONNECRNO STA US"- h STA. U11.PROPERTY LINE AS PER PARCEL 6 ! ♦ MAP 04-709 16' \♦ { moo.♦ I15' I 42 ' 72'-!0- 17 4D 32' 65 ♦ 1 ♦ i2' 12' / 20 a-3. .2' y 3 2u' RAIAP 30. 34' ♦ II Z0 RAIAP 22' RAMP ■ 3 8 1 ■ 8 _{ 4, ■ 4, 60" AOA LANL//!Y ■ p=5D,O, 7 SEA WALL I6" S0. CONCRETE PILE (TYP) R=1910.10' x579414" R=1910.10 10' (TOTAL NO 19) L-169.13 _ L=10.61' L-169.1J' 14" SO. CONCRETE PILE (TYP) 3_ N61 D0'OO'W (TOTAL NO - 4) BOARDWALK _-- PARKING STALLS 7r7 CONCRETE I PLATFORM 2901 W. COAST HWY I 1 NEWPORT BEACH, CA EXISRNG BUILDING Planning and Engineering Services SITE PLAN For Marinas and Waterfront Resorts SCALE 1"=40' APPLICANT'S NAME: WATERFRONT NEWPORT BEACH JOB ADDRESS: 2901 W. COAST HWY, DATE: 22 SEPT 10 _►rinot Worksheet for Building Combo Permit Application [7. Comm'I F- Residential City of Newport Beach - Building Division NOTE: PLAN CHECK FEE DUE AT TIME OF SUBMITTAL G4 oaN' f ! F­ wBuilding Grading rDrainage [' Elec [- Mech Plum Cu vd cut Cu Yd Fill ProjectAddress (Not mailing address) Floor Suite No Description of Work Use #Units if Res � f �� � � or- c.5�e "€� cep#Stories �' 43 New/Add SF r ;.`� �.� yx - Remodel SF I � � .�"� Garage/New/Add �- -- - - - -- Valuation $ Material/Labor � � ° r OWNER'S NAME Last / . , First Owner's Address Owner's E-mail Address �. City State ,� - ZiP eph'' Tel one APPLICANT'S NAME Last First _ Applicant's Address Applicant's E-mail Address r r. r °s - —_ _ _ _. zo Cites State f� Zi Telephone Y [ p. . p ARCHITECT/DESIGNER'S NAME r, r. Last First Lic. No. , v�-„ ;a Architect/Designer's Address Architect/Designer's E-mail Address city ;, ,�State Zip �• - ,g Telephone v F 1 ENGINEER'S NAME Last M First Lic. No. Engineer's Address Engineer's E-mail Address Ci 1 State Zipxx F TeleP hone ty CONTRACTOR'S NAME/COMPANY Lic. No. Class Contractor's Address Contractor's E-mail Address City State Zip Telephone — cUERGY_P/C FEE $ FIRE P/C FEE $ PERMIT -NO. - - GRADING P/C FEE $ PLANNING; P/C FEE $ PLAN CHECK NO. ''I" Q tp� th ELEC/PLUM/MECH PIC FEE $ '� PLAN CHECK FEE $ ' w j,Aq1 DEVELOPMENT # TOTAL FEES PAID $ � Galt • ��� (a c O m ..'s U a 2 � U c LU m o d CL z E E LL N U Z41 1 O 00 » '� r ti o 01 c yy 'N n � U Q U') 0 C p V Cl)4C � , 7 V co, It M r _� ❑ �. O� � 61 � N m ^ O ,LI v ^�t t tr v¢ d 0 m V m e a) x N Q. 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N T V W d q 0 G m mac • -Q N m 0).a3:O.' -o•Z �mNc� 3.. of ` HQdin m V um N C C N 3 L G O 6` 0 O m m E C°1 N a. m �.` Sal T. d O. 4, CI .0 M. ca mZ �m v E lb 2:� o 0 CE -w �, c iaa)Q C'oCt-N tW 41 to 3n�. o��NIV o oar ¢.yam c c ° - m V O _ T.� 6 C.E O o'• W d 'O E C ^T N = cn C U `y- Tn O ; @:,CD a C O: . q_d a,EIL - U' p [L tCa ,= - E O) O-.. T t Z.. 'O E: z' rnE 3 cL c vo c cc x .J N U. LOco w E ac`0 cvq�a `aR� A mAw M £ mY e1 o m E OE v ° p�j2£E :tmd o E`°c'm 0m0pQ O U .4N N Q N N o O O U -0 O O U a CI O . r�md.QazU-0c> 4A w of �D A o O A � i 3 e m m moo: N. o f 2 0 .ra E -� E' a$ arc; o O E E O C U ,P a ato'�o_ v..c m y 5'. E O m aZm.saaoi a �" N y m to 'v 16 cfOiQs $cN'mm m 0'"3 ad�Ea "m O C 5 - e- N 1 �Co NOVember 8., 2011 Robert L Lounsbury Mftrfront NewpW Be, LLC 2901 M4 coast �Pon 1� tHO► Suite . Wayl . 200 CSA 66 I CLEM. WATER ACT SECTI... 401 WATER QUALITY. OERPM4nM�-pM THg. STANDARDS Zi ($ARWQCB: ORbd6tTj­v#n NO. 302011.44) Dear Mr. Lounsbury.-, w EdmaW Q *"4 jr. Gmw"Ar C400P-Oia En-viromme101d You have proposed to Mftlgate water rurality impacts,as described its your Cer f�aii�n apRl�tion. The proposed mitigation is sure marized below: € r�snle Water Quality Standards Mitigation proposed. ► standard water qualify related best rnaracemerat practicestlFs) iii be employed during construction activities. All dreamed m terial_WjIl be rePlacedin the location from which it was removedAs . a result, this land's Proposed footprint +britt yield a nettreducfio. n in Perm, anent impacts to the marine environment. Oft#e Alater Quality Standards IWW9001Aral ed * alone Pursuant to the California nviroMer�al Quay � "CE(;�A" . ratag�.Coun#y yV ks and, e l rd Tonal Su have in pendently deter fined #that �i the prop prarjeot is pategdrically e�cernp# l rn pro ►inions of CE. under Curd Guidelines h 953 2 for the replacement or recotlstr ton of Oftting stn aures. and #- -.1. go &VYCIedPAw Rater L. Lounsbu y 3- November 8, 2011 Waterfront rfront Newport Beach, LLC This 401 Certification Is condngentupon W execution of the f loMng yfr �a,rneta! Frirlrt A,�e�cy kw Cerbfcaticn is conditioned upon total payment of any fee required under this Chapter and owed by the applicant If the above stated conditions are changel,y crs€ia cr conditions Prevlously:46schbttlsre r of , tar new In�ation becomes available thaind a . water qualityprca bl , �0 Region l lard may regb ra the appi � t� sw n # a report cal' waste discha a caE taan Waste # ischar a -Req un nts, Cob vino nwnwN.v% � e :RIed Fir Robert.t. Lo'unsbury , 5 WatO&Ont NewPoft Beack LLC November�B, 20 Thisletter:, Onsftdes a Water :uattarrdsCertification issued :pursunt fp C:an t at r Se titer► , l "l reby issuean order oa, . in that any di char fr6 tl referenced project v�rill comply with the appl ale prc�trlsi�r�s �f Sedans 37 �Eft�uent i. s _ 4 i itati1=�f$�Rt-'-_ ..de_. 3Jivt s.. "�i4�r.Yl a.,,:ff:'i.w..B..X-....k 1'^iCCY.__-.._.., a s..-. „ .. ...._ St uld There be any questiOns, Please contact Marc Brown at (961) 3214684, or Mar%. Aden at (t) 782$3234. Santa Ana Regional Water QuOliiy Control Board x<,��'i�i�i4r►�r%.�arQa.� v�c� t�c� i�t-��;,,�8nov1'�:..+�a�at UIIeDU�, 6MA,JL, N�V� R�EGI�V��• ,� u THE CORROUGH CONSULTING GROUP An International Consultancy Specializing in the Planning, Design, Development and Management of Coastal Areas • Urban Waterfronts • Marinas • Ports • Resorts & Recreational Areas • Natural Areas 1004 SOUTH BAYFRONT • BALBOA ISLAND • NEWPORT BEACH • CALIFORNIA • USA • 92662 T (1) (949) 673-8077 • F (1) (949) 673-8027 • waterfrontrnslt@aol.com • www.marina-consultants.com October 121 2012 Chris Miller City of Newport Beach Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA, 92660 Re: 2901 WCH Permit Hard Copies on File With HR (COE, CDP) TRANSMITTAL Per our telephone discussion of yesterday (10-11-2012), please place the following permit copies in the HR 2901 WCH Docks Project File: o 1 copy of COE Permit • 1 copy of CC CDP Sincerely, G, Corrough, TCCG As consultant to/ agent for Waterfront Newport Beach, LLC, applicant , Received for Hhl11 R fk I Date 10112 / cc: Robert Lounsbury, WNB US Office: Newport Beach, California, USA Group Associates: EUROPE • UK o SOUTH AMERICA • ASIA • NORTH AMERICA Sri I up 4 A�, {b DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.C. BOX 532711 LOS ANGELES. CALIFORNIA 30057-2325 February 3, 2012 Regulatory Division Robert Lounsbury Waterfront Newport Beach, LLC 2901 West Coast Highway, Suite 200 Newport Beach, California 92663 Dear Mr. Lounsbury; Enclosed you will find a signed copy.of your Department of the Army Permit (Corps File No. SPL -2011 -00389 -SM>;): Please retain this copy for your files. Thank you for participating in our regulatory program. If you have any questions, please na contact Stephen Estes at 213-752-3660 or via e-mail at Stephen.M.Estes_,usaee.army.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based custamer survey form at; httl2://per2.n-%N-y.usace.gM.mil/survey.htm . Sincerely; C:orice J. Farrar Chief, Change and Riverside Counties Section South Coast Branch Enclosures y \ ,\ RFPLY TO `� ATTEN?ION OF Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 5347 i 1 LOS ANGELES. CALIFORNI4 900E&2325 Robert Lounsbury Waterfront Newport Beach, LLC 2901 West Coast Highway, Suite 200 Newport Beach, California 92663 Dear Mr. Lounsbury: September 14, 2011 Reference is made to your request (Corps File No. SPL -2011 -00389 -SME), dated April 21, 2011, for a Department of the Army (DA) authorization to construct the 2901 West Coast Highway Boat Dock Replacement Project. Under the provisions of section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to conduct the work described below within Newport Bay in the City of Newport Beach, Orange County, California, as shown on the attached Figures 1-3. Specifically, you are authorized to conduct the following regulated activities; 1. Remove 23 existing concrete piles from the existing dock shown on the attached Figure 2; 2. Remove the existing, 4,850 -square -foot dock shown on the attached Figure 2; 3. Remove the existing access gangway shown on the attached Figure 2; 4. Install 19 new, 18 -inch square concrete piles, in the locations shown on the attached Figure 3.- S. ;5. Install four new, 14 -inch square concrete piles, in the locations shown on the attached Figure 3; 6. Install a new 4,325 -square -foot dock, as shown on the attached Figure 3; and 7. Install a new Americans with Disabilities Act -compliant ganpvay and ramp system, as shown on the attached Figure 3. The owner or autharized responsible official 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. Both signed copies of this LOP must be returned to the Corps Regulatory Division, in addition, please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Furthermore, you are hereby advised that the Corps Regulatory Division has established an Administrative Appeal Process which is fully described in 33 C.F.R. Part 331. The complete appeal process is diagrammed in the enclosed Appendix A. Thank you for participating in our regulatory program. If you have any questions, please contact Stephen Estes at 213-452-3660 or via e-mail at Stephen.M.Estes(a-usace.army.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey fonn at: httpJ pert.nM.usace.armv.mil/survey.htmi. Sincerely, Corice J. Fdirar Chief, Orange and Riverside Counties Section South Coast Branch Enclosure(s) PERMITTEE DATt r L., When the structures or work authorized by this permit are still in, existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. ,rpANSFEREE DATE PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on September 14, 2013, If you find that you need more time to complete the authorized activity, submit your request for a time extension to this orrice for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit 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 third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification 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 determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register 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. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Special Conditions: 1. The permitted activity shall not interfere with the right of the public to free navigation on all navigable waters of the United States as defined by 33 C.F.R. part 329. 2. No earthwork is authorized by this LOP. 3. Creosote treated pilings shall not be placed in navigable waters unless all of the following conditions are met: a) The project involves the repair of existing structures that were originally constructed using wood products; b) The creosote treated pilings are wrapped in plastic; c) Measures are taken to prevent damage to plastic wrapping from moat use. Such measures may include installation of rub strips or bumpers; d) The plastic wrapping is sealed at all joints to prevent leakage; and e) The plastic material is expected to maintain its integrity for at least ten years, and plastic wrappings that develop holes or leaks must be repaired or replaced in a timely manner by the Permittee. 4. No other modifications or wort: shall occur to the structure permitted herein. A pre -construction survey of the project area for eelgrass shall be conducted in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) (see http://swr.nmfs.noaa. ov�z /hcd/policies/EELPOLrevl l fmai.pdf) not earlier than 90 calendar days prior to construction and not later than 30 calendar days prior to construction. The results of that survey shall be furnished to the Corps Regulatory Division, NOAA Fisheries, and the California Department of Fish and Game (CDFG) at least 15 calendar days prior to initiation of work in navigable waters. If the Corps Regulatory Division determines eelgrass may be irnpacted by project -related activities, further eelgrass monitoring and compensatory mitigation may be required, as described in the SCEMP. 6. The Permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed from the work area and disposed of in an appropriate upland site. 7. To ensure navigational safety, the Permittee shall provide appropriate notifications to the U.S. Coast Guard as described below: Commander, 11 th Coast Guard District (dpw) Telephone: 510-437-2980 E-mail: d11LNM@uscg.mil Website: http://www.usog.miVdp/hu=quest.asp U.S. Coast Guard, Sector LA -LB (COTP) Telephone: 310-521-3860 E-mail: john.p.henniganL.uscg.mil a) The Permittee shall notify the U.S. Coast Guard, Commander, I lth Coast Guard District (dpw) and the U.S. Coast Guard, Sector LA -LB (COTP) (contact information shown above) not less than 15 calendar days prior to commencing work and as project information changes. The notification shall be provided by e-mail with at least the following information, transmitted as an attached Word or PDF file: i. Project description including the type of operation (i.e. dredging, diving, construction, etc); ii.. Location of operation, including Latitude/Longitude (NAD 83); 6 iii. Work start and completion dates and the expected duration of operations. The Coast Guard needs to be notified if these dates change; iv. Vessels involved in the operation (name, size and type); v. VHF -FM radio frequencies monitored by vessels on scene: vi. Point of contact and 24-hour phone number; vii. Potential hazards to navigation; viii. Chart number for the area of operation; and ix. The Corps Regulatory Division recommends the following language be used in the LNM: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made." b) The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 C.F.R. chapter I, subchapter C, part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast Guard District in writing, with a copy to the Corps Regulatory Division, not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that requires relocation or removal. Should any federal aids to navigation be affected by this project, the Permittee shall submit a request, in writing, to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee and its contractor are prohibited from relocating or removing any aids to navigation until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. C) Should the Permittee determine the work requires the temporary placement and use of private aids to navigation in navigable waters of the United States, the Permittee shalt submit a request in writing to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee is prohibited frorn establishing private aids to navigation in navigable waters of the United States until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. d) The COT? may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during project construction. The Permittee shall direct questions concerning lighting, equipment placement, and mooring to the appropriate COTP. 8. Within 30 calendar days of completion of the project authorized by this permit, the Permittee shall conduct a post -project survey indicating changes to structures and other features in navigable waters. The Permittee shall forward a copy of the survey to the Corps Regulatory Division and to the National Oceanic and Atmospheric Administration for chart updating: Gerald E. 'Wheaton, NOAA, Regional Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, California 93955-6711. 9. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his 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 Regulatory Division, 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. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). 2. Limits of this authorization. a) This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b) This permit does not grant any property rights or exclusive privileges. c) This permit does not authorize any injury to the property or rights of others. d) This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. in issuing this permit, the Federal Government does not assume any liability for the following: a) Damages to the permitted 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 undertaken 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) Design or construction deficiencies associated with the permitted work. e.) Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you providrxl. S. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: 8 a) You fail to comply A ith the terms and conditions of this permit. b) The information provided by you in support of your permit application proves to have been false. incomplete, or inaccurate (See 4 above). c) Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 C.F.R. 325.7 or enforcement procedures such as those contained in 33 C.F.R. 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 fail to comply with such directive, this office may in certain situations (such as those specified in 33 C.F.R. 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General Condition 1 establishes a time limit for the completion 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 Regulatory Division will normally give you favorable consideration to a request for an extension of this time limit. 9 LOS,-tVGELES DISTRICT Lf S. ARAM}' CORPS OF ENGINEERS NOTIFICATION OF COMMENCEMENT OF WORK FOR DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL -2011 -00389 -SME Name of Permittee: Robert Lounsbury, Waterfront Newport Beach, .LLC Date of Issuance: September .1 4, 2011 Date work in waters of the U.S. will commence: Estimated construction period (in weeks): Name & phone of contractor (if airy): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit, you may be subject to permit suspension, modification, or revocation. I hereby certify that 1, and the contractor (if applicable), have read and agree to comply with the terms and conditions of the above referenced permit. Signature of Permittee Date At least ten days prior to the commencement of the activity authorized by this permit, sign this certification and return it using any ONE of the following three methods: OR WLI 1. E-MAIL a statement including all the above information to: Stephen,M.l .stes(c�usace.army.mil 2. FAX this certification, after signing, to: 213-452-4196 MAIL to the following address: U_S_ Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2011-00389-SME 915 Wilshire Boulevard Los Angeles, California 90(117 10 LOS ANGELES DISTRICT US. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMPLETION OF WORK AND CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL-2011-00389-81fE Name of Permittee: Robert Lounsbury, ffiaterfi ont Newport Reach, I I..C. Date of Issuance: September 1 4, 20I1 Date work in waters of the U.S, completed: Construction period (in weeks): Dame & phone of contractor (if any): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. 1 hereby certify the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit. Signature of Permittee Date Upon completion of the activity authorized by this permit, sign this certification and return it using any ONE of the following three methods: ,,i OR 1. E-MAIL a statement including all the above information to: Stephen.M.Estes@usace.army.mil 2. FAX this certification, after signing, to: 213-452-4196 3. MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2011-00389-SME 915 Wilshire Boulevard Los Angeles, California 90017 Of NEWPORT BKH CITY OF NEWPOR-1F BEACH NEWPORT 5EAC�f. --/ t�s tv VICINITY MAP vast PROJECT SITE SCALE 1"=4G' SOUNDMS ARE EXPRESSED 14 FEE' AND DENGTE DEFHS aacu WAN Lom LOW WATER. "lutm FmG-E OF TZE APRO)MUXELY 10 FEET. PARMR LINES ARE ESTASL-SFEEA (N THIS SrCRGH Of tiEwpow aAY. . I t�- REPLACE EXiSTfNG FLOATING DOCK WITH NEW DUCK. REPLACE EXISTING PtLJES- V21TH 19 NEW 18" SOUME CONC. PUS PRC \4GE NEW ADA GANGWAY AND RMP SYSTEM, ;14STALL 7'y?' GkK-WAY LOK SUPPORTED By 4 ts- SO DARE CONC. PILES. Nass � . . ................. SfT� Ptd SCALL 1'-40' COAST H"YFWlt 22 SEPT t0 Applicant: Robert Lounsbury, Waterfront Newport Beach, LLC. File Number: SPL-201.1-00389-SME Date: 09/14/2011 Attached is.- See Section below X—JINITIAL PROFFERED PERMIT Standard Permit or Letter of A PROFFERED PERMIT (Standard Permit or Letter of permission) B PF-PJYIIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL. DETERMINATION E A: INFIIAL PROFFERED PERMIT: You may accept or object to the permit. ACCEPT. If }-ou received a Standard Permit, you may sign the permit document and ret -urn it to the district engineer for final authorization. If you received a LOP, you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the. LOP means that you accept the permit in its entirety, and waive alt riots to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit ;Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the pen -nit in the future. Upon receipt Of Your letter, the district engineer will evaluate your objections and may; (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previouslywritten. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. 13: PROFFERED PERMIT. You may accept or appeal the permit. * ACCEPT. If you received a Standard Pern'dt, you may sign the permit document and return it to the district engineer for final authorization. If you received a LOP, you may accept the LOP and your work is authorized. Your signature on the Standard Pern-dt or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations (JD) associated with the permit. * APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined pen -nit under the Corps of Engineers Administrative Appeal -Process by completing Section H of this form and sending the form to the division engineer. This form must be received by the division engineer within. 60 days of the date of this notice. C: PERNUT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section H of this form and se-nding the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information, * ACCEPT: You do not need to notify the Corps to acceptanapproved J D- Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD i-vt its entirety, and waive all rights to appeal the approved JD. * APPEAL: If you disagree,vith the approved JD, you may, appeal the approved JD under the Corp., of Engineers Administrative Appeal Process by completing Section 11 of this form and Sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice, E: PRELIMINARY JURISDICTIONAL DETERMINXIION: You do not need to respond to the Corps regarding the prehrriinwv JD. The prelimi-naiy ID is not appealable. If you wish., you inay request an approved JD (which may be appealed). by contacting the Corps district for further instruction. Also, you may provide new information for ftirther consideration by the Corps to re-evaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your 'reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections arc addressed in the administrative record.) ADDITIONAL, INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting. and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to tate record. However, you may provide additional information to clari.fy the location of information that is already in the administrative record. L; If you have questions regarding this decision and/or If you only have questions regarding the appeal the appeal process you may contact: process you may also contact: DISTRICT ENGINEER DIVISION ENGINEER Los Angeles District, Corps of Engineers South Pacific Division, Corps of Engineers ATTN: Chief, Regulatory Division Arl'N: Torn Cavanaugh P.O. Box 532711 Administrative Appeal Review Officer Los Angeles. California 90053-2325 U.S. Army Corps of Engineers Telephone: 213-452-3425 South Pacific Division, CESPD-PDS-O, 20.52B 1455 Market Street, San Francisco, California 94103- 1399 Telephone: 415-503-6574 Fax: 415-503-6646 Email: thomas j.cavana hawsace.ann .mil RIGHT OF ENTRY. Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR CALIFORNIA COASTAL COMMISSION Page 1 of 7 South Coast Area Office g -w 200 Oceangate, Suite 1000 Date: January 25, 2012 ,. Long Beach, CA 90802-4302 (552) 590-5071 Permit No: 5-11-132 COASTAL DEVELOPMENT PERMIT On October 6, 2011, the California Coastal Commission approved Coastal Development Permit No. 5-11-132, requested by Waterfront Newport Beach LLC, subject to the attached conditions, for development consisting of: Demolition of existing 2,950 sq. ft. 6 -slip commercial docks, gangway and 23 piles and construction of a new 4,325 sq. ft. 5 -slip commercial docks, gangway and 23 piles (19, 18" diameter dock guide piles and 4, 14" diameter gangway platform support piles) in a different configuration with ADA compliant gangway, on -dock fire suppression system, water supply backflow preventers, waste pumpout station, and vessel "cold -ironing" electrical facilities. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 2901 West Coast Highway, Newport Beach. APN NO.: 049-130-14 Issued on behalf of the California Coastal Commission on October 28, 2011. CHARLES LESTER Executive Director ACKNOWLEDGMENT By: 1".4" Title oastaI Program 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). 117 - Dee Please sign and return one copy of this fi address. COASTAL DEVELOPMENT PERMIT No. 5-11-132 Date: October 28, 2011 Page 2 of 7 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 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: 1. REVISED FINAL PROJECT PLANS A. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicants shall submit, for review and approval of the Executive Director, two (2) full size sets of revised, final project plans in substantial conformance with the plans received in our office on May 23, 2011; however, the revised final plans shall include the following changes: Indication of the location for the proposed on -dock fire suppression system, water supply backflow preventers, waste pump -out station, vessel "cold -ironing" electrical facilities and appropriate signage for proposed public access short-term public docking slip and water taxi area. B. The applicants shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. COASTAL DEVELOPMENT PERMIT No. 5-11-132 Date: October 28, 2011 Page 3 of 7 2. EELGRASS SURVEY 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 10 (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 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 Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (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 applicants 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. COASTAL DEVELOPMENT PERMIT No. 5-11-132 Date: October 28, 2011 Page 4 of 7 C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: for the review and approval of the Executive Director; and 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 (5621980-4043), or their successors. D. If Caulerpa taxifolia is found within the project or buffer areas, the applicants shall not proceed with the project until 1) the applicants provide evidence to the Executive Director that all C. taxifolia discovered within the project area and all C. taxifolia discovered within the buffer area have 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 applicants have 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. 4. CONSTRUCTION RESPONSIBILITIES AND DEBRIS REMOVAL The permittees shall comply with the following construction -related requirements: A. No construction materials, equipment, debris, or waste shall be placed or stored where it may be subject to tidal and wave erosion and dispersion. B. Any and all debris. resulting from construction activities shall be removed from the site within 24 hours of completion of construction. C.. Machinery or construction materials not essential for project improvements shall not be allowed at any time in the intertidal zone. D. Sand from "the beach, cobbles, or shoreline rocks shall riot be used for construction material. E. If turbid conditions are generated during construction a silt curtain shall be utilized to control turbidity. F. Measures shall be taken to ensure that barges do not ground and impact any identified eelgrass within the project area. G. Floating booms shall be used to contain debris discharged into coastal waters and any debris discharged shall be removed as soon as possible but no later than the end of each day. - COASTAL DEVELOPMENT PERMIT No. 5-11-132 Date: October 28, 2011 Page 5 of 7 H. Non -buoyant debris discharged into coastal waters shall be recovered by divers as soon as possible after loss. Reasonable and prudent measures shall be taken to prevent any discharge of fuel or oily waste from heavy machinery, pile drivers, or construction equipment or power tools into coastal waters. The applicants and applicants' contractors shall have adequate equipment available to contain any such spill immediately. J. All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. K. All debris and trash shall be disposed of in the proper trash and recycling receptacles at the end of each construction day. L. The applicants shall use the least damaging method for the construction of pilings and any other activity that will disturb benthic sediments. The applicants shall limit, to the greatest extent practicable, the suspension of benthic sediments into the water columna 5. 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 gasolinewith 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. COASTAL DEVELOPMENT PERMIT No. 5-11-132 Date: October 28, 2011 Page 6 of 7 (3) Petroleum Control Management Measures: a. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined'at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed 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. The use of soaps that can be discharged by bilge pumps is prohibited. b. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump -out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids. c. Bilge cleaners containing detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps. 6. PARKING MANAGEMENT PLAN A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and written approval of the Executive Director, a parking management plan for the development approved by Coastal Development Permit No. 5-11-132. 1. The parking plan shall indicate that parking is designated on-site in the following manner: 136 on-site parking spaces and 69 off-site spaces owned/operated by the applicant for exclusive after-hours use by the charter boat operations. Overflow parking (40-75 parking spaces) also available for special events or as needed. Except for their administrative operations, the charter operation hours of operation shall be after 5pm, Monday through Friday and on the weekends. 2. The applicant shall submit written evidence, for review and approval of the Executive Director, which shows off-site parking spaces have been provided to meet the occasional overflow parking demands, of the charter operation. No public parking spaces (e.g., on public streets or within public parking lots) shall be used to satisfy the overflow parking requirements. The applicant shall submit a plan that identifies the specific location(s) of the off-site overflow parking spaces and shall submit documentation that secures the applicant's legal ability to access and utilize the proposed off-site parking supply during the hours when the charter boat business operations are active. 3. The parking plan shall include, at a minimum, the following components: a. A signage plan, depicting the design (e.g., dimensions, wording, etc.) of the posted parking signs including a site plan indicating COASTAL DEVELOPMENT PERMIT No. 5-11-132 Date: October 28, 2011 Page 7 of 7 location of signs. Signs shall be sized and sited such that they are clearly visible and legible to occupants of vehicles seeking parking to patronize the on-site uses. These signs shall clearly explain the availability of on-site and off-site parking -and also locate the off- site parking locations; b. A site plan depicting the locations where employee and customer parking signs will be installed-, C. The directions and maps to the off-site parking locations to be given to the charter boat and yacht club patrons; d. The on-site and off-site parking lots shall have parking attendants to direct patrons to the designated parking areas (on and off-site). B. The permittee shall undertake development in accordance with the approved final plan. Any proposed changes to the approved final plan shall be reported to the Executive Director, No changes to the approved final plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 7. FUTURE DEVELOPMENT This permit is only for the development described in Coastal Development Permit No. 5-11-132. Pursuant to Title 14 California Code of Regulations section 13253(b)(6), the exemptions otherwise provided in Public Resources Code section 30610(b) shall not apply to the development governed by Coastal Development Permit No. 5-11-132. Accordingly, any future improvements to the boat docks authorized by this permit and the project site that currently has uses on site consisting of a charter boat, a yacht club, a radar company, a mortgage company and a flooring company, including but not limited to repair and maintenance identified as requiring a permit in Public Resources section 30610(d) and Title 14 California Code of Regulations sections 13252(a) -(b), shall require an amendment to Permit No. 5-11-132 from the Commission or shall require an additional coastal development permit from the Commission or from the applicable certified local government. CDP 5-11-132 Printed on January 25, 2012 THE CORROUGH CONSULTING GROUP An International Consultancy Specializing in the Planning, Design, Development and Management of Coastal Areas • Urban Waterfronts • Marinas • Ports • Resorts & Recreational Areas • Natural Areas 1004 SOUTH BAYFRONT • BALBOA ISLAND • NEWPORT BEACH • CALIFORNIA • USA • 92662 T (1) (949) 673-8077 • F (1) (949) 673-8027 • waterfrontcnslt@aol.com • www.marina-consultants.com October 29, 2012 Mr. Chris Miller City of Newport Beach Harbor Resources Division Re: 2901 Docks AIC Special Conditions Pre -Construction Eelgrass & Caulerpa Surveys TRANSMITTAL Please See Attached: • Copies of Pre -Construction Eelgrass & Caulerpa Surveys performed October 22, 2012 Sincerely, John C. Corrough, President, The Corrough Consulting Group (As consultant to/agent for Waterfront Newport Beach LLC, applicant) Received: Date: Vo US Office: Newport Beach, California, USA Group Associates: EUROPE • UK • SOUTH AMERICA • ASIA • NORTH AMERICA Eelgrass Survey Reporting Form (Version April 2009) This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). * Required Information Site Name: (common reference) Waterfront Newport Beach, LLC Robin Lombardo, Property Manager 2901 West Coast Highway #200 Newport Beach, CA 92663 Survey Contact: (name, phone, e-mail) Debbie Karimoto (949) 887-7041 (cell) (949) 830-1173 (fax & office) debkarimoto@cox.net Permit Reference: (ACOS Permit No., City of NB # 1760-2010 CCC Permit No.) Hydrographic System: (bay, estuary, lagoon, or Newport Harbor harbor) Specific Location: (UTM, Lat./Long., datum, 330 37' 12" N accuracy level, attach 117055'31"W to electronic survey area map if 330 37' 13" N possible) 117° 55'34" W See attached maps Was Eelgrass Detected: * Eelgrass within 15' of project or disposal site * Eelgrass within 15 — 30' of project or disposal site * XX No eelgrass in project area or disposal site Description of Permitted Work: Replace existing float dock with new dock. Replace existing piles with (19) new (describe briefly the work to 18" square concrete piles. Provide new ADA gangway and ramp system. Install be conducted at the site 7' x 7' gangway lobe supported by (4) 14" square concrete piles. under the permits identified above -1- Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 Description of Site: (describe the physical and Depth range: 2'-23' High tide occurred at 10:29 am and tide height biological conditions within varied between +5.00' and +6.59' during the survey. the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all Substrate type: Soft, silty sediment; compact, silty sediment; compact, silty gravel numerical information). Temperature: 710 Salinity: Normal bay range of 30-33 ppt Dominant ora: Dictyopteris undulata Tunicates, mussels, barnacles, limpets, sponges, Dominant fauna: bryozoans, tube -dwelling anemones, stingrays, barred sand bass, juvenile sand bass, opal -eye, navanax egg casings, gorgonian, purple urchin, Zoobotr on verticillatum Exotic species encountered: Zoobotryon verticillatum Other site description notes: None Description of Survey Effort: Survey date and time 17 October 2012, 9:30 am — 12:30 pm (please describe the surveys period: conducted including type of survey (SCUBA, remote video, etc.) and survey Horizontal visibility in 1-5 feet methods employed, date of water: work, and survey density (estimated percentage of the bottom actually viewed). Survey type and Surveillance level SCUBA survey; Diver swam Describe any limitations methods: transects throughout APE and 30' beyond on all encountered during the sides, including under boats, yachts and dock floats. survey efforts. Survey personnel: Debbie Karimoto (949) 887-7041 (cell) Survey density: —30% of APE * Survey limitations: None Other Information: (use this space to provide See map and site survey sketch any additional information or references to attached materials such as maps, reports, etc.) Eelgrass Survey Reporting Form (version April 2009) -2- Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 Red Star in upper left corner reflects survey site Fuchsia line indicates survey perimeter -3- Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 NEWPORTCITY OF N!0 WN NCO— • VICINITY MAP �.. �.� . . PROJECT >• , 'T f moi- t•i � Ell . r 11 iF. 7 66 f=rr®awc a armW a� a- vsasvrm a 2"mm aa� am v egvnmr �e esn r �`, � ruaotar RE Mm Wr Z= Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 All photos portray panoramic view of site, east to west -5- Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 Moll Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 -7- Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: 22 October 2012 Name of bay, estuary, lagoon, or harbor: Newport Harbor Specific Location Name: Waterfront Newport Beach, LLC (address or common Robin Lombardo, Property Manager reference) 2901 West Coast Highway #200 Newport Beach, CA 92663 Site Coordinates: (UTM, Lat./Long., datum, 330 37' 12" N accuracy level, and an 1170 55'31" W electronic survey area to map or hard copy of the 330 37' 13" N map must be included) 1170 55'34" W See attached maps Survey Contact: (name, phone, e-mail) Debbie Karimoto, (949) 887-7041 (cell) (949) 830-1173 (fax & office) debkarimoto cox.net Personnel Conducting Survey (if other than Same above):(name, phone, e- mail Permit Reference: (ACOS Permit No., City of NB #1760-2010 RWQCB Order or Cert. No. Is this the first or second survey for this First (for the third time) project? Was Caulerpa Detected: Yes, Caulerpa was found at this site and (if Caulerpa is found, please immediately contact NOAA has been contacted on date. Fisheries or CDFG personnel identified above) xxxx No, Caulerpa was not found at this site. Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 Description of Replace existing float dock with new dock. Replace existing piles with (19) Permitted Work: new 18" square concrete piles. Provide new ADA gangway and ramp (describe briefly the work to be conducted at the site system. Install 7' x 7' gangway lobe supported by (4) 14" square concrete piles. under the permits identified above Description of Site: Depth range: 2'-23' High tide occurred at 10:29 am and tide (describe the physical and height varied between +5.00' and +6.59' during biological conditions within the survey. the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Soft, silty sediment; compact, silty sediment; compact, silty ravel Temperature: 710 Salinity: Normal bay range of 30-33 ppt Dominantflora: Dictyopteris undulata Dominant fauna: Tunicates, mussels, barnacles, limpets, sponges, bryozoans, tube -dwelling anemones, stingrays, barred sand bass, juvenile sand bass, opal -eye, navanax egg casings, gorgonian, purple urchin, Zoobotryon verticillatum Exotic species encountered Zoobotryon verticillatum (including any other Cauler a species): Other site description none notes: Description of Survey Survey date and time Effort: period: 17 October 2012, 9:30 am — 12:30 pm (please describe the Horizontal visibility in surveys conducted including type of survey water: 1-5 feet Survey type and (SCUBA, remote video, etc.) and survey methods methods: Surveillance level SCUBA survey; Diver swam employed, date of work, transects throughout APE and 30' beyond on all and survey density sides, including under boats, yachts and dock (estimated percentage of floats. Survey personnel: the bottom actually viewed). Describe any Debbie Karimoto 949 887-7041 cell Survey density: limitations encountered during the survey efforts. —30% of APE Survey limitations: None Other Information: (use this space to provide See map and site survey sketch any additional information or references to attached materials such as maps, reports, etc. Caulerpa Survey Reporting Form (version 1.2, 10/31/04) Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 Red Star in upper left corner reflects survey site Fuchsia line indicates survey perimeter Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 CITY OF NEWPORT BEACH IIrN,I vmw �1 f - -M, • ., C VICINITY MAR AL PROJECT SITE •,r .,.r moi- .. r•T r � .+ 3 r.... • r ,. �:. , .. y. .. .. - w ..: y v' MEM MW I laY671rala 4® r 03AMO •Omamr+C. 5mr r%mv=4m AM am r ,rffi�r.vr.,�-o UIPMA W rw mot or 00 -Po a®ur cam e6rave � e�"a�9nsa AW ®e awn S 1 amv mama if w .i I .. , ,. a-• -., s -,... ��*��III�11�1�� r IIII I : hI�I�9� 4 Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 All photos portray panoramic view of site, east to west Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 k tx F nice=#`t End of report 8 U"I"Fi COAST SPECIAL (11 T :E 10. m :e COMPLIANCE DOCUhENJT 0 A _L. 0 CONDITION No. _rawgai_u_ _ . _ _ _ _ _ _ . _ - --'— I I I I I r 6 o- Y ;Ell Ell cn i m G' ;- of ' �� •" _---,»�,--� �� � �' '° ul Q � rmreuaau � •, �` r o 0 a a O 90 O a n m ,Fyi( a.�no7; i 111' O s y � rA s .1 W, t t' t !' 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R N' S'.;' N E J P TY A I P H xl v s LOTTE�� E s -TIM O S. •- .PR O ... - TH•' N OPER M x eo - � TITLE OFFICER PE -. r R Q FI . R FEO Al EME CENCY'MANA N -AG O _ 10 MAIN STREET; 5UITE"' 5Q''= ;= �''= " � 5 ' GEME T ENCY: MAP hG, t,6C.,9C 0054 F 20 ,612 - ER s 4 N r N AR 'OF PO A '`'COU TY- r T F • ' P N' THE TY R 8E CEi OF`OR N A' A' F Y. - _- CEL 1 I IE. Cr � AGE. •S TE'O C U ORNIA,-AS SHOWN` , 4 'A 0 ZOOZ _ - - _ I - � . ' ':DATED:- FEBRUARY 2 . R .. FE R G OED. JANUARY. t 7. s r96i Ei? 3 9 r• 1 N A 2 4 . 9 " f R f. C `J - 4 'POFFICE- - 19 A P' ' MAP Fl 1 AG • 40'�OF _ 9 E5 ND AR A NTH_ f• . .A LED, N BOOK 39 C 5 1 E 7 ON EL OF � _ M PTHE- 1' h ., t _ INSTRUMENT _ h I PURPOSES RECORD N TR T. , F ' N C1 TA : P ' R CO Al ( £r .. - T •T'•`• Y -•A 0 D t P E OEb• S `AN' EASEMENT. N Ott' 5TREE 1C WA N EN U N , 4 7' •s .E E E c.N H 9 9 7ti= ( ) N R F TY _TY ECORD '0 SAID OU , L'It S , _ 9AFFECTSou � , ,A SUBJECT PR AND S THIS ESU JE TY F ITEM iH C OPER 0 iRCf R R 5,.Z NE x�., Of:N ' A N -1 OF AL RECORDS.'. S0 OYES R' -T.T. _ 0. 85 52511 THEAS SUBJf.0 0` MINIMA IN `l FLOOD O; • v IS MAP. , � +' - - RE�REFERENCEO ON - J ti FOUND N A10'COMMITIAENT ANO 'A THIS _ - THE•- FOLLOWITEMST AE, -IEE OU HERES PLOTTED HEREON:'` PONE: X' SHADEb S ( ) E�IOIES`AREA$'SU9lFCT 70'�OtY-YEJIR-FlC7J: aREaS OF Ta- r - PARCM % U Pa Ga: R ' INDlCA ER n Al� v P E TED'H EON. LO ABL£ ITEM "A 100- -FLOOD TH•. r TT $ ,;` _ �;" YEAR• A RA - FL VE PTHS'OF' , ' J GE,• E LE � F R<b a D s..THA FOOT �i, , RAI NA N•t' r , 4� . 0 R £ C ANA a �. AR F' EAS' 1 LE S •.. l A � RD �8R AR �:18 •. SS' QUA T L P �R S RECORDED Y AN, E -MILE•••' 'AREA - > 11 •' 11 U P05E R • 0 U AN �v: N a 1C -u U E •:ANO�INCID EC 1H D S.PR _ s F. A E SEMEH7"F41t�f!U@L S EN OTECTED�B t _t, FROM 1 AR , b'9 F' - T: 0• ` 3 IN.TH' F `,': `: .•; r,'e' ,.• 0 TRAC N . t�13 E CITY••oF•�N ORT 6 A ^ . 0 GRAN• LOTS . AN I WP Sti6,_ GEUNfY GE, C ERY AS 70 TH05E PORTIONS 1 O FLOOD'. I RIGHTS !WD EAS FOR. NAYiGAi1ON, AND, �- 1987, SAS INSTRUMENT•N0:-,8y-88184,-OF'0FFiCIAL' RECORDS.' THIS ITEM AFFECTS THE N A A Tt. A '4iAP' °" " '"'''' ` w C 2 fiH T PROPERTY I PLOTTED HERE0�1: : _ :-,STATE'OF, CALIFOR 1 S SHOW ON RECORDEO' IN'BOOK,3B,'PAGES 13 AND 14' OF O_`:OF;SAIO,.LANO COVERED _BY E, WATERS'OF THE PACIFIC OCEAN., c SUBJEC 0 ERTY ANDS ;_MISCELLANEOUS MAPS: IN' THE OFFICE OF. THE COUNTY:RECORDER'OF, SAID_ COUNTY: AND',THE o THEA 0 r e 1 �c l SITE ' 8 VE:STATPMENt`15 FDR•IIY ID M`t1 NLY,'AN r Y F 1HAT;P RTI 0- R A ON'0 AND SUR;_Y11t ,-5t,tES NO � WESTERLY t0 FEET, 0 PORTION OF THE^ 2 FOOT -'A LLEY.'AOJO,NfNG SAID LOTS AS - r z I �% _ B LILY F ! ' � UA FOR TN ' THE. CORA C E F: 1 DT RP ' -REC(}ROED NBOOK' E S5 0 THE' d MAPS ::I r' A •� %1N'EASEMENT'FOR POLE'LJAE5.:CONOUITS-AND INCL EN AL W ,05ES i A RESTRICTIVE;COVENANT RECORDED JULY 7.='1987 At- N0, 87-386880,'OF- ' ABANDONED, 1854' -BE ,RESOLUTION OF THE CITY COUNCIL OF NE15?dtT BEACH, A IED-, t) .N ADD1T•.h, 7 E 88VE to .( `J '7276'PAGE 347 OF°OFF]f AL`RECORpS ANQ AS 5HOWN'ON PARCE'L:MAP 84-709. THIS ITEM 11 OFFICIAL RECORDS.,' " ,CERTIFJEQ_COPY::Of'WNICH RESOLUttON WAS RECORDED"NOVEMBER 24; 1854 AS INSTRUMENT N0. STATEMENT DOES NOT REPRESENT THIS Sl1RVEY0IRS OPINION OF THc FPG8a8'LITY OF oq �zJ AFFECTS THE SUBJECT, P,ROPERTY',ANDAS PLOTTED HEREON. 88333 IN III OF THE!COUNTY RECORDER OF. SAID.000NTY:• FLOODING, F,. � �'aR �q � 81 i .- 2 Y CF TR 1 d t 1 , . v SITE � R t 0' , 1f 5 ABOVE- REFERENCED COMMTMENT•N AR 7 PON ON: AB E IYI H H E S ATEb AS `EX VE FE � S SN OWN CE TE 5 HEREON - S ,4-' a' r RNOVEMBER "Z RPO R 0 D • TA SE5 EC EO'ar • ES D GEN L''PU- r +IC. • 'tY ,- •• AN EASEMENT FOR P118L UTltii` �RESPOAJSIBILlTY FOR THECOMPLEI7'F1E$S, ACCURACY,'OR CONTENT •0F SAID REPORT IS ASSUMED B 4 2877 -PAGE (TEM:AFFECTS THE SI19JECT ,1954 IN BOOK 'THIS MAP, c t PROPERTY' AND` IS PLOTTED' HEREON:, I „ t f ` C0.1ST @ N 9 K x AN. £AS ENT FOR STORM GRAIN' PURPOSES' AS ,SHORN AND DEDICATED QN PARCEL' MAP OF BEAR NGS: ` EM ' NO.. _84-709: THiS'1TEM: AFFECTS' THE SUBJECT; PROPERTY AND IS 'PLOTTED HEREON. " I �' THE BEARINGOF ti.81'OO'30 W;ALONO THE}CENTERLINE 01 COAST H'GH'NAY PER 6 ' Or- -:''AN" EASEMENT FOR PUBLIC' ACCESS PURPOSES PURPOSES, AS SHOWN AND DEQICATED ON .1 ENPARCEL MAP'N0: 94-709't�00K,199. PAGES 39•AND 40.IN THE CtiY 4Et`pGRT PARCEL MAP N0: 84-709 -THIS'ITEIA,AF=FECTS THE=SUBJECT•PROPERTr, AND' IS PLOTTED ". BEACH, COUNTY OF ORANGE:' STATE OF•CALIFORNIA,'WAS:USED A; THE LtaS:S OF VICINITY MAP BEARINGS; FDR THIS SURVEY..•-, HEREON. _ { - NO SCALE s RicAn ROoSAN7RCRDEDFEBRUARY 1S; 1985 AS T (0WIDE PUBLICLY DEOIATEO RIGHT p€ WAY) AVON' 'GHW' W 'oFaFtECWEST COAST STREET " (100' WIDE PUBLICLY DEDICATED 'RIGHT OF . WAY)' Z : t : t m m m' +7 . a an o " y W 1 j- y>;0/pF N N Sn� n _ � Ay . �, c_ r - > A m �y�• . - of a � p, �"� RF - y '•it O Z -�: y Z R R Z In w rl t- o a Si . < , a , .- )" r CC W ♦" W ?i ^ z p f x z Q �' o S o 5 > an 1 ' ' Sd m In _ •. `A•' S� ,,,. s. tit1�., aq.,a w W o' �L~ $ t . to ' c�C ' . Y tj o W a fY 4 L1J xa'� aY M QTS gn °�, - F x u? a Z • f•1 - -N ,'v 2 D Vy'' ,VIN > Vf�t. N� - ,30 3 �3'3 Ui - z a L� 1 d W Jdt N 61*00'30", W 1600.00, i• L- _ N ,s,•133.91' N v 4.47',13 R. N 61'00'30". (BASIS OF BEARINGS) 27a.18' W FD:'SPIK !r•WASHER^ g LS. 539 -.ILLEGIBLE n zMa H LE g N 61'00'30" . W 140.00' 104.47 -t - .. W ' 0 FENC 0.6' SEM N ' (OLD) I y ♦ Q OF P.L _ STREET 9-0 'r .00 :. a 159.4 _ n O' _ 9 11 PARkt!`C STALLS t).3 Sc, OF Y.L A'�. 4.53 06 R 1870 N 61'00 30 W 74.57• a _ L ' , i i La*:TeR CMAI -1 Nc: v•, o• r.-_ 4 WA R VAULT AC PAVtA!ENT O at' �' s> RVICEya LOT 0 � d FIRE LVE (2) F . - 125 WA R VAL 4 ° LOT LINE .? - t5 N 4'0 .24: -• _ _. _ ._ _ RW MS' R ti4' lL SE,' FAC SIC NO PAOXING O I• - _ - -i l j R'p1At rte+ i. �' / , • (TYP) Q1CNY•AOF•P VENT PIPE �j LOT 8 4 �w :0.4; �? LIGHT POST r- v Nq PIP ♦`�ti 7 112E a BUILDING -L 1 u /\.• f 0 K `WALL P L FACE\(GROUND AREA a a,085, SQUARE FEET) ��� `o►i R c Wal ' s .FACE $ NW. OF Z TWO STORY WJOD W/- 2ND sTolir •'" ;�4}* th Q1 w PARLcTS /P;r 1)7R.' C ^ C 5 (T'0') N+Y. OF P.L. } (tJ ff l %ti�J, i X33 ' S OF P•L + THIRD, LEVEL PARKINI: UNDERNEATH BUILDING LINE N gust I 1a� c Access To. Q� st CONCRETER w . _ BOOK 3V, CES 13 a Yl:' ..- G • GUTTER TYP O a aL �L':� 10APS a < 1�j1• I 0`' �\ + UNDERNEATH 10 itn 'r x _ AdlSCEU.. C�USI ;4 ArryS I` :,. ClCNW OF P.L. s \ 3 �� 4 7% �' g TRt` ) EL N k LOT LINE 1----+-iy W 0,4 Hut DING T 4 P• W m ( A \ O PA J SIGN LOT H Z _". ' ' _ F - M nQ. R N N\ \-- TFUCT NO, NO b ABLE eox 4 � BOOK 20 PAGES' 31 34 I. MISCELLANEOUS MAPS - ao . ;EV 9 SIGN NO PARKING v' a, N HAI INK PNC SW. I L_' L' L: L_ L l L L L. LOT y- t.z �\W ATCH BASIN W Z SE. OF P.L. p' RAIL i N L,-�ta �E�CRA�VE' (PAVEMEFIT_ f + J W MANHOLE `" 4 L WALL NW. FACE HA �� 1 TR WELL ` Y 0. SE. O P.L N d• F E / OH E 4 Of P L± VIA �L-.TYP) L� L_ L. L L L I - _ o _ . NW• OF0.3' S L L L L L L_ N� POWER POLE ti:GRESS m INGRESS) N GUARD POST 4 OUILOIN 0 ItHAN 2ND STORY 4 L G RD POST LL ; - OGRES• T EGRESS 5 BUILDING UNE L L L. L_ L �Ccgss `TIT' I >_' F P.�.1100,301!: S P A�OF B (� 0 N, W 140:00 �; fsgFtG� . 0 , 38. I. 3 L L' . L L' . L: PA ¢- L. L L L L 1 , UNDERNEASti f BODY 7' (_ L' L L L L L: L: L L L auLofNC 6. P_L ANG 1 a' S YL I' HADRAILN£. END N 61 00'30' W 160.00' vDN ��'' < LLLLLL_L <�)-LL-LL D.2sE oFP.L G o 0 ' . OF t! •L SP bEC�RA�VE I L L L:. :' R IN iMi T 4i^ Vii W ' GI' L_LLLLLIL.L:h LIn a� •o� Z� W IFP. ` I�LLL.LLs. L_Lt� _ �<° �°"- „ Via_ IJ;LDIN a tTyp,LLL_L_�' (' g`` Art 0 _ ,3ii' c� JLI cz, g •u to ,o OVER -14 t' t PL)RCEl: 1 PER TR ¢ a13.r •. a, - ' H . ti a' o o N M =:1 g a OF PARCEL y � / y 1 W y Ei d w S� o �'i Lei -.6 .. o. - o; Q f ... LINE DATA TABL AND AI ! PARCEL MAf? N0. 84 TQ0 2,5 . N`y, oF` P t (: , .' BOOK 100, PAGES 30 R 40 - 2ND STORY I ' �, �1�•- N 61'OD'OD' W . 30.81' RAIN INL Tt/ERNA 1.1' SE I BUILDING UNE i ' c x c �, . : ALLY Y TNG N ``�• :1 ' cr 4 x 30' WIDE PUBU, CLY DEDICATED RIGHT OF WA U►LD P, ' / '; CONCR WAL NW' FA OF V, io 4.- �w: 6 8 ti �' 10 0. s of P.L. �' '- N 61'00130" w 274.113' RAIN 1N i t 19.5 t " ; T• :� \ TRANSFORMER-PADW J ELECTFC VAULT NA�96 6 Q 1' \\i' 3 e0 O� u.E 1N o fi \ I i5 a - WEST COAST HIGH WAY aF F P BUILDING'. r P S F ENCROACHM Aga., REA''' l STATEMENT O NTS LAN P. (GROUND AREA - 7,282 SQUARE FEET) '- --•. i Qi �\ TWO STORY WOOD W/ I '' '' n ;N �_ BUILDINGS ENCROACH -WESTERLY OVER SCHEDULE PARCEL`T.PEfi'T•R•I, ,•. AC - ASPHALTIC CONCRETE A . 80 T ON - THIRD LEVEL PARKING UNDERMEATH `-%! y 52.287 SQI,ARE FEET TYP _ v Z HAND RAIL SW. END "B" ITEM NOS 3, 5, 6 AND 8. BFD ' = BACK FLOW DEVICE - z 0.8 SE. OF P.L. 1.Z0 ACRES C.L CENTER UNE E. EAST P,L ,ti\ `76\�\ ;I\ �7.,� �� , �_• iNG L6:4' SE. OF P.L,) 8 CONCRETE WALL ((SE FACE) ENCROACHES 0.1' PARCEL'2.PER'T.R.: EV EXHAUST VENT g,a' SE \••�•. \: �\ �•�� �•• '� (" a NORTHEASTERLY'OF THE.P.L ONTO THE SUBJECT' 18,200 SQUAR�TEET . FD. - FOUND "", 49.' CONCR 1 WALL NW. FA PROPERTY:.',' - 0,42 ACRES. -„ HR - HANDRAIL �. 46. b . ON P.L; i LP - LIGHT POST 0 RA1 .9 5 6 $ b L.S. 5 _ :-- •,-- - LAND SURVEYOR CRE W E; MS - MONUMENT SICld � ON HE. P.L. 5 S '--RAMP DONt1 - ' ..: N. - NORTH a I NE. NORTHEAST NO. NUMBER N1V. NORTHWEST �. _ G 3' �•�-� -, 1 PARKING SPACE TABLE. R Y R'S CERTIFI `A '$(` Q (a` "� - OH OVERHANG 0,I 1 ,0 O RHAN R = 910.10' 169.13' 5'04'24" ow 2 -0 W z a `eA i r z y 0 TYPE OF SPW_ =�TOTAL'•.E�YIS�ING PARCEL i STANDARD_ 143 _PARCEL 1 F18RD1CAP -PA gEtt ! STANDARD �_�•_�.._�__ PARCEL_2 HAWDICAP TOTAL 203 ' PA - -PLANTER AREA TO: FERDINAND FAM, AND STEWART TITLE' OF, CALIFORNIA. INC.. PAL - PROPERTY LINE • R,CJE. - REGISTERED CIVIL.ENGINEERS THIS IS•TO CERTIFY THAT: -THIS MAP -AND THE SURVEY, ON .WHI+H IT IS BASED WERE,MADEAN `•- RW - ROCK WALL ACCORDANCE WITH "MINIMUM STANDARD Df TAH.'REOUIREMENTS'FOR ALTA/ACSM LAN6'71TLE•. S. - SOUTH SURVEYS,"•JOINTLY'ESTABUSHEO AN15-'ADOP.TEO'8Y ALTA, ACSM-'AMG HSPS iN`•1999, ANW INCLUDES SCO ' SEWER CLEANOUT ITEMS 2,.3.' 4. S, 7(A),.?(8)(t), 8. 9,-10 AND 11.OF TABLE`A. THEREOF, AND PURSUANT TO' TH_E -.. SE. - SOUTHEAST ACCURACY, STANDARD�S AS'ADDOPTED BY ALTA, NSPS-AND ACSM AND 1N EFFECT ON THE- DAM -OF•'. SW. SOUTHWEST ' CERTIFICATION, UNDERSIGNED FURTHER: CERTIFIES `THAT THE POSITIONAL UNCERTAINTIES RESULTING T,R. - TITLE REPORT �v o - FROM THE-SURVE Y-MEASUREMEN•T5-MADE•ON THE SURVEY,DO NOT -EXCEED T}1E.ALLOWABLE (TtiP) TYPICAL r Pb v " '4 `�' w POSITIONAL TOLERANCE. W - WEST m 2 z a s Fs11j: W/ _ VATH ` •; z t a r- p © �cYL -- YARD LIGHT m CENTER. UNE a6' W- �" 7' CONCRETE PAVEMENT ' !'" Zm' � • • ' - f� � .a �, • . _ No. 49154 • , _ .. DANIEL S. COOK, LS.N0. 4964 " » EXP: 12/31/05 SCALE: 20• NEWPORT ' BAY ,rF °F CAtF°�` - ALTA' SU, R VEY , } SCALE N. T.,: _ PROJECT WATERFRONT CONTRACTOR � X NEWPORT BEACH 2901 W. COAST HWY, Q i - NEWPORT BEACH,° CA NO. REVISION BY DATE Planning and Engineering Services For Marinas and Waterfront Resorts 2500 Via Cabrillo Marina, Suite 200 San Pedro, CA 90731 Tel: 310 548 3132 Fax: 310 5481924 DESIGNED BY FT DRAWN BY JH CHECKED BY TB , a Q Z u _0 C.D LL low- ' .� U LL -00< A '-Q 2 1--` m a LV) w 0 � cV z L N w U N. CAV w. II ~Ld Q CN r- z a � (V Q" ;Q U Lo MM Z 80 L . O LLI t;0 LL - ALTA SURVEY California Coastal Commission South Coast District Office APPROVED�,1�.-. 132 Permit No. BYO-- --6--- - EFFECTIVE ----12&-1 - Date: __ GRAPHIC SCALE 1 0 1 2 SCALE DATE AS NOTED 06-24-2011 JOB NO. 2303 SHEET SHEET / L-2 � w � � w� (0 w0) co oom Z N z �oCF) W wi U 33�,, V ram U ME� °o z LLj < LLJC Z_ U o Imp- In < `t 66 , a Q Z u _0 C.D LL low- ' .� U LL -00< A '-Q 2 1--` m a LV) w 0 � cV z L N w U N. CAV w. II ~Ld Q CN r- z a � (V Q" ;Q U Lo MM Z 80 L . O LLI t;0 LL - ALTA SURVEY California Coastal Commission South Coast District Office APPROVED�,1�.-. 132 Permit No. BYO-- --6--- - EFFECTIVE ----12&-1 - Date: __ GRAPHIC SCALE 1 0 1 2 SCALE DATE AS NOTED 06-24-2011 JOB NO. 2303 SHEET SHEET / L-2 ti City Council Study Session CITY OF NEWPORT BEACH City Council Minutes City Council Study Session January 25, 2011-- 4:00 p.m. Page 1 of 4 ROLL CALL Present: Council Member Hill, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle Absent: Council Member Rosansky Council Member Rosansky arrived at 4:15 p.m. II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Daigle received confirmation from City Manager Kiff that the agenda does not contain any staff reports regarding oceanfront encroachments and that Council will receive budget reduction information at the City Council goal setting meeting on February 5. In response to Mayor Pro Tem Gardner's question regarding Item 8 (Public Pier Time Limits and Rules), Harbor Resources Manager Miller reported that the Rhine Wharf is closed at midnight. Regarding Item 14 (Grant of Easement and Joint Use Maintenance Agreement for 2700 West Coast Highway), Public Works Director Badum reported that the palm trees are City trees. 2. ;VESSEL:`_OVERHANG Harbor Resources Manager Miller utilized a PowerPoint presentation to discuss the current rules for vessel overhangs, potential future issues, large vessels in shipyards, the 2901 West Coast Highway project, the goal of having a world class harbor, the various lines utilized in the harbor, issues with the harbor lines, and next steps. He also discussed potential locations and amenities for the star-shaped marinas. Mayor Pro Tem Gardner stated that dredging the harbor will give the City flexibility in determining the harbor lines depending on how the City wants to shape the harbor. Further, by having the federal government dredge once and have the City take it over, they will save money in the long run. She believed that a conceptual plan should be generated. Council Member Selich believed that the focus should be on vessels in the navigation channel or in narrow channels. Council Member Curry agreed and emphasized that the City should not be impeding on property rights. He added that the City needs to address problem areas and be careful about how the harbor is being used today. Council Member Daigle requested that an analysis of the economic impacts be conducted. She noted the importance of the federal government acting on the harbor lines issue., Mayor Henn noted the federal government's responsibility to dredge the harbor and believed that each area should be looked at individually. Regarding the pending project application, He pointed out that the dock meets the requirements so approval is appropriate. http://newportbeach.granicus.com/MinutesViewer.php?view_id=26&clip_id=1326 03/14/2011 City Council Study Session Page 2 of 4 Following discussion, it was the consensus of Council to discuss the possibility of having the Harbor Commission look at the issue of vessel sizes for both private and commercial vessels in the harbor at the February 5 goal setting meeting. It was further confirmed that Harbor Resources Manager decisions are appealable to the Harbor Commission and then to Council. Harbor Commissioner Rodheim reported that there is no problem with the dock, but that the boat associated with the project will overhang by 31 feet into the harbor. He believed that contorting docks does not add to the City's overall vision for a world-class harbor. In respa tse €>to Gouncnl ,questions, 'City, Attorney''Hunt"'ii dicated that, if 6essel `overhang r g Iatio is` a e ere'ated `the current Wessels<im-tie :harbor. ` can, be grandfatheredand then takercare.of_tho eessel's over time.`'`City'1Vlanager>Kiff stated that the configuration of .hdw b'oatsmax-e-,dockedrean b'e in'cluded in a p'ohcy "* 3. NEIGHBORHOOD TRAFFIC CALMING UPDATE. Staff Report Public Works Director Badum utilized a PowerPoint presentation to review the current policy and discuss the history of traffic calming. He displayed photos and discussed the issues on Holiday Road, Bayside Drive, and the traffic circle at Santa Ana Avenue and Clay Street. In response to Council questions, Traffic Engineer Brine discussed the design of the neighborhood traffic circle compared to a roundabout. He reported that the design left in the four-way stop. Public Works Director Badum also noted that the neighborhood does not have sidewalks so there are pedestrians in the street and discussed other design techniques that could assist with traffic calming. Council Member Rosansky stated that, since there is no money to conduct a robust traffic circle, he recommended removing the traffic circle since it was supposed to be temporary. Council Member Selich expressed concern about the number of accidents on Bayside Drive, the difficulty in returning from the beach on the bike route, and the speed limits on Balboa Island. Public Works Director Badum indicated that the Citizens Bicycle Safety Committee will be looking at the bicycle route issue. He added that having medians could also assist with speeds on Bayside Drive and noted that speed limits have already been reduced. Mayor Henn suggested placing large dots along the bike lane; however, Public Works Director Badum noted that they are noisy and may cause accidents for the bicyclists. City Manager Kiff indicated that staff will look at the three areas, determine the budget, and bring something back to Council at the next meeting. Council Member Hill reviewed Holiday Road, discussed traffic laws in another state, and suggested allowing non -sworn officers to write ticket for speeding. City Manager Kiff indicated that Police can focus on Holiday Road and staff can poll the residents on about their ideas for traffic remedies. Judy Mader stated that traffic and speeds have increased on Holiday Road and urged Council to do something. Bob Koop expressed support for relooking at traffic remedies. Dan Persol noted that the bike lanes are narrow on Bayside Drive, expressed concern for the pedestrians due to the speeds along Cameo Shores and Highlands, and suggested using a marker that is higher on the traffic side. Kevin Healey expressed support for removing the traffic circle. http://newportbeach.granicus.com/MinutesViewer.php?view_id=26&clip_id=1326 03/14/2011 City Council Study Session Page 3 of 4 Danny Osborne agreed that there are issues on Holiday Road and asked what will be done and when. Jack Rogers noted that there is a lot of traffic on Holiday Road and expressed concern for the safety of the children. Sophia Koop stated that she cannot cross the street by herself anymore because of the high speeds. She stated that her 8 year old sister wants a crossing guard to help the children. Following discussion, it was the consensus of Council to bring back action items for Council consideration relative to Bayside Drive, Cameo Shores, and Holiday Road; take out the traffic circle at Santa Ana Avenue; and bring back a speed survey plan at the next meeting. 4. COUNCIL POLICY F-14 - AUTHORITY TO CONTRACT FOR SERVICES. City Attorney Hunt utilized a PowerPoint presentation to discuss the proposed changes to Council Policy F-14 (Contracting for Services), particularly relative to levels of authority, unique contractual relationships with instructors and recreation contractors, on-call agreements, and amended contracts. He reported on how administrative policies would work in conjunction with Council Policy F-14. Regarding Council Policy F-5 (Purchasing Authority for Goods and Services), Administrative Services Director McCraner discussed goals, reviewed the proposed levels of authority, and discussed administrative policies. Council Member Daigle suggested that a provision be included that provides for a report from the City Manager on a regular basis relative to the contracts that were not approved by Council. Mayor Henn believed that a provision should be included that allows for Council to stop the reporting requirement or reconsider the need for the reports. City Manager Kiff stated that he will draft reporting language and bring it before Council for consideration. In response to Council questions, City Attorney Hunt indicated that the Charter does not limit the amount for contracts, but only limits the amounts for public works contracts since those have to be bid out for anything over $120,000. He added that the Charter states that Council has authority to contract but may delegate authority to staff by resolution. Jim Mosher took issue with a contract the City entered into regarding a cell phone transmitter site, believed that the proposed policies are incompatible with the Charter, and questioned whether the approval of contracts can be delegated to department directors. City Attorney Hunt stated that the proposal is consistent with the contracting authority granted by the City Council. He added that the policies are only changing the amounts, not the structure or delegation. W. R. Dildine suggested making reference to the Uniform Cost Accounting Act rather than changing the amounts annually. III. PUBLIC COMMENTS Regarding Public Works contracts, W. R. Dildine suggested that the City consider developing an informal bidding ordinance, establishing a lower threshold for purchase orders, and having an electronic process for bids up to $120,000 in order to keep the construction industry apprised. Quentin Foster, commercial real estate broker, recommended that the City sell the current City Hall property for $50 million, then purchase the Lido Village property along with the five waterfront parcels and any other contiguous properties along Via Lido. He discussed the advantages for the City and submitted his correspondence. City Attorney Hunt reported that an issue arose after the Closed Session Agenda was posted. He requested that Council consider adding a matter to the Closed Session Agenda relative to potential exposure to litigation from allegations relative to the http://newportbeach.granicus.com/MinutesViewer.php?view_id=26&clip_id=1326 03/14/2011 City Council Study Session Page 4 of 4 Morningside Zoning Agreement. He stated that a 4/5 vote is required to do this and that Council needs to take action because there may be an opportunity to resolve this before the next regular meeting. Motion by Council Member Curry, seconded by Council Member Selich to add an item to the Closed Session Agenda that arose after the Closed Session Agenda was posted relative to potential exposure to litigation from allegations relative to the Morningside Zoning Agreement. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle IV. ADJOURNMENT - 5:53 p.m. The agenda for the Study Session Meeting was posted on January 19, 2011, at 4:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary Mayor City Clerk http://newportbeach.granicus.com/MinutesViewer.php?view_id=26&clip_id=1326 03/14/2011 City Council Study Session CITY OF NEWPORT BEACH City Council Minutes City Council Study Session November 23, 2010 — 4:00 p.m. ROLL CALL Page 1 of 4 Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle H. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Regarding Item 6 (Local Signal Synchronization Plan for Measure M2 Funding Eligibility), Mayor Pro Tem Henn asked staff to verify that the plan will not result in any additional obligations on behalf of the City. In response to Council Member Gardner's question regarding Item 4 (Adoption of the 2010 California Building Codes), City Manager Kiff clarified that the wood roof issue is a separate issue. In response to her question regarding Item 11 (Termination of Corona del Mar Concession Agreement), City Manager Kiff stated that the City is not paying Fuji Grill to terminate the lease. He discussed the items that the City allowed the owner to remove from the location. DOCK REC;ONFIGURATIONAT 29.0,1 WEST COAST HIGHWAY. 4 Staff Report Shannon Levin utilized a PowerPoint presentation that included the history of the dock, maps, the proposed marina, current issues, project process, marina benefits, pier head line, and project line. In response to Council questions, Harbor Resources Supervisor Levin stated that the new dock reconfiguration eliminates 12 feet of the current overhang. Harbor Resources Manager Miller stated that the Federal Government only prohibits projection into the project line during dredging projects, reported that the commercial lease will be included as a special condition, stated that there is adequate parking to accommodate the project, noted that the property owner will be the lessee and dock applicant, and explained how the Federal project line, bulk head, and project lines are calculated. Mayor Pro Tem Henn requested more information, suggested that staff provide survey information that includes the number of large private and commercial boats, asked for the number of boats in the Harbor that are currently piercing the project line, and expressed concern for setting a precedent that could be applicable in other areas of the Harbor. He also stated that the lease should be based on the highest and best use. Council Member Webb expressed concern that large boats will overrun the water. Mayor Curry believed that large charter vessels should be accommodated, stated that the applicant has worked with staff in a fair and effective way to improve the Harbor, and believed that Mariner's Mile is an adequate location for such a project. http://newportbeach.granicus.com/MinutesViewer.php?view_id=40&clip_id=1296 03/14/2011 City Council Study Session Page 2 of 4 City Manager Kiff stated that the two issues are the boats protruding past the project line and boat sizes. Robert Lansbury, applicant, stated they are working hard to comply with the requests from staff. John Corrough stated that there are currently over 360 vessels that protrude over the project line, noted that there are no size limit for vessels, and provided boat statistical information for the Harbor. Mayor Pro Tem Henn suggested that the statistical information provided by Mr. Corrough be verified by City staff. Karen Rhyne, Harbor Commission, stated that there are boats that are currently in violation of the current rule and suggested that the City Attorney research laws that pertain to this issue. In response to Council Member Daigle's question, Harbor Resources Manager Miller stated that the Harbor Area Management Plan (HAMP) addresses harbor lines. He also provided a framework to change the project lines. Ralph Rodheim suggested that the project be divided into two phases to address the overhang issue and project line. He believed that large boats are a safety issue. City Manager Kiff invited residents to provide suggestions to staff and the Harbor Commission about the overhang issue and re -visitation of the project line. In response to Mayor Curry's question, Harbor Resources Manager Miller stated that staff will take the Harbor Commission's suggestions into consideration. Council Member Selich suggested that the Harbor lines be changed to accommodate the boats. Council Member Gardner believed that the Harbor Commission should evaluate the issues and bring the item back to Council with a recommendation. Council Member Webb believed that the City should not allow violation of the project line, expressed concern about dredging projects, and noted that moving the project lines will result in financial ramifications. Mayor Pro Tem Henn stated that he would like a better understanding from the Harbor Commission about the policy issues, believed that the Office of the City Attorney (OCA) should provide legal input, and noted his reluctance to approve the project without more information. Council Member Rosansky believed that the issue is the boats and not the project line, and suggested that the City revisit the overhang rule in general. In response to Council Member Selich's question, Harbor Resources Manager Miller stated that warning letters were sent to current boat owners whose sizes are exceeding the allowance limits. Mayor Pro Tem Henn, Council Member Selich, and Council Member Rosansky agreed that no penalization should be given to the applicant until the City reaches a resolution. Webb expressed concern about the number of boats in the Harbor during recreational events. Mayor Curry believed that the boats should be accommodated and agreed that the Harbor Commission should assist with a solution. http://newportbeach.granicus.com/MinutesViewer.php?view_id=40&clip_id=1296 03/14/2011 City Council Study Session Page 3 of 4 3. LIDO VILLAGE CONCEPTUAL PLANNING. Staff Report Tim Collins, Consultant, utilized a PowerPoint presentation that included the project's goals and objectives, maps, photos, key points, constraints, community feedback, visioning, building alternatives, project timeline, and the next steps. Todd Larner, WHA, utilized a PowerPoint presentation that included information on understanding the site, recognizing opportunities, photos, and area history. Richard Gallas discussed the land use, housing, business opportunities, parking, ground lease, and reconfiguration of the Marina. In response to Mayor Pro Tem Henn's question, Mr. Gallas stated that all four alternatives for the site do not result in any of the stakeholders being disadvantaged. Mr. Collins provided a summary observation, stating that the study has determined that the existing configuration of the area shows a parking deficit and noted that the parking deficit is resolved in the plan. Council Member Gardner expressed concern about adding a wellness center and expressed disapointment that there was a lack of outdoor activities added to the City Hall site. Council Member Selich believed that the two alternatives might not be the best use for the site and that the ideas lack imagination. He expressed concern about the proposal for Via Lido, parking on Newport Boulevard, and the need for a wellness center. Mayor Pro Tem Henn asked the difference in parking demand between tour boat requirements versus no tour boats. He also asked, if the tour boat use that is incorporated in the plan was eliminated, how much open space and room for creativity will be provided. In response to Council Member Daigle's question, Mr. Gallas stated that the highest potential value for the land relates to housing and a hotel in a mixed use setting. Council Member Rosansky believed that the City needs to preserve the property for civic uses and stated that the canal idea was innovative. Council Member Selich agreed that the canal idea will be a great public space in the City. Craig Batley believed that the timeline provided for the project is too short, stated that the project needs more imagination, and expressed support for a police substation at the City Hall site. Steven Flanders expressed concern about parking in the area and believed that the fire station should not be moved. Willie asked Council to allow him to present a plan for the area that will generate revenue for the City. George Schroeder expressed support for adding a canal and believed that a police substation would minimize crime in the area. Bob Rush believed that a wellness center does not reflect the best use of the area and stated that senior housing is not needed in the area. Dave Olsen, Via Lido Drug Store, believed that the ideas need to be more concrete and stated that the proposed plan does not consider current businesses. http://newportbeach.granicus.com/MinutesViewer.php?view_id=40&clip_id=1296 03/14/2011 City Council Study Session Page 4 of 4 Jim Miller thanked Council for their concerns for the project and stated that the canal is a good idea that will beautify the area. Denys Oberman believed that the area needs an anchor facility that is concerned with the beauty, access, and maintenance of the coastal area. Mary Pryor believed that the area needs something exciting and expressed support for a hotel in the area. Mayor Pro Tem Henn announced that the issue will be heard at both meetings in January and stated that staff will consider all comments made. He believed that the City Hall site and Via Lido properties should be linked together, noted that the City does not have the luxury of unlimited time, and stated that a plan is needed soon so that the opportunity is not lost. 4. BALBOA YACHT BASIN RATES. City Manager Kiff announced that the item will be continued indefinitely. III. PUBLIC COMMENTS - None Regarding Closed Session, City Attorney Hunt reported that Council received a letter challenging the item relative to mooring issues. He notified Council that the Newport Mooring Association is considering litigation should the Council accept and support a fee increase. IV. ADJOURNMENT - 6:04 p.m. The agenda for the Study Session was posted on November 17, 2010, at 3:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary Mayor City Clerk http://newportbeach.granicus.com/MinutesViewer.php?view_id=40&clip_id=1296 03/14/2011 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT STUDY SESSION Agenda Item No.SS 2 November 23, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Harbor Resources Division, Public Works Department Shannon Levin, Harbor Resources Supervisor (949) 644-3041, shannon a-newportbeachca.gov SUBJECT: DOCK RECONFIGURATION AT 2901 W. COAST HIGHWAY ISSUE: The City Council will hear a presentation on the redevelopment of the commercial marina at 2901 West Coast Highway. RECOMMENDATION: Provide comments. Staff will be preparing an Approval in Concept in order for applicant to commence plan check and agency review. DISCUSSION: BACKGROUND: The project lies within the center of the Mariner's Mile waterfront. (See attached.) Located at 2901 W. Coast Highway, the Waterfront Newport Beach building supports landside commercial and waterfront marine businesses. Staff is presenting this project to Council because it is a commercial, marine redevelopment yet it falls within the framework of existing code and design guidelines. This marina was originally built in 1985 and configured for 10 slips and side ties. In the last 25 years the docks and piles have been repaired, replaced or modified to accommodate changing uses and increased vessel sizes. With a lifespan of 25 years the marina is obsolete; it was not designed to berth large charter vessels but has been modified to do so over the years. Currently the waterfront provides for berthing of three and up to five charter vessels. The proposed marina at 2901 W. Coast Hwy is a state of the art system anticipating future market needs using new design and construction standards. Improving the charter base Dock Reconfiguration at 2901 W. Coast Highway November 23, 2010 Page 2 revitalizes the facility and also maintains a critical commercial aspect indicative of Mariner's Mile and the Harbor Commission's list of critical business in the harbor. Purpose: The commercial use at Waterfront Newport Beach has outgrown the dock system in both design and function. Originally intended to berth smaller, recreational boats 60 feet in length, the Waterfront Newport Beach marina currently berths up to five large charter vessels ranging from 90 feet to 126 feet. Minor maintenance projects have made berthing charter vessels possible though not in the most functional way. The current slip configuration is oddly shaped and restrictive to the charter industry. The new marina is designed so all vessels will be located within the allowable water area defined by the property line extensions, Pierhead Line, and permissible vessel extension. (See attached.) The Pierhead Line marks the maximum extension of dock fingers. From the end of the finger, a vessel may extend beyond the Pierhead Line not to exceed the beam width, NBMC. 17.25.020(C). Any boat berthed at a pier or slip shall not extend bayward a distance of more than the maximum width of its beam beyond the end of the pier, or slip. MV Ambassador, one of the vessels currently berthed, is in violation of the overhang limit which is one of the reasons why the applicant is reconfiguring the marina. In addition, certain charter events bring MV Majestic which is berthed in Long Beach, into the harbor requiring written consent from Harbor Resources. Majestic significantly exceeds the overhang limit and is therefore restricted from full-time berthing in Newport Harbor. Waterfront Newport Beach, LLC proposes to rectify the overhang to legally berth three charter vessels: Majestic, 148 feet length overall (LOA); Ambassador, 126 feet LOA; and Royal Princess, 94 feet LOA. Charter vessels Majestic, Ambassador, and Royal Princess were surveyed by a professional marine surveyor, and the selected marina design accommodates these lengths. Other vessels of similar size berth in Newport Harbor and vary from privately owned pleasure craft to charter vessels in the nearby vicinity. Staff has researched potential effects to other harbor activities including race courses and departure. The design team discussed the departure and docking methods with Waterfront Newport's charter captain to verify the practicality of the chosen design. The nearest racecourse marker ("Z") is located across the turning basin approximately 900 feet away from the facility. (See attached.) An annual commercial pier permit is issued for the use of City tidelands. With the reconstruction of the marina a lease agreement will be formalized according to NBMC 17.60.060(A). In the event public trust lands are used for commercial purposes by an entity other than the City, then that entity shall enter into a lease with the City. The City shall, upon resolution of the City Dock Reconfiguration at 2901 W. Coast Highway November 23, 2010 Page 3 Council, transition any such lands currently operating under a permit to leases. Such leases shall provide lessees with a leasehold interest in the property for a period of at least five years, not to exceed a period of time as limited by the City Charter or applicable State law. Concepts and Design Elements: The applicant presented alternatives to Harbor Resources before selecting the proposed configuration which optimizes Mariner's Mile benefits along with economic and environmental advantages to the Waterfront Newport charter base. State of the Art System The proposed dock system will replace aging wooden docks with heavy duty, commercial grade concrete/wood docks. The plan submittal will include detailed plans including charter specific utilities for water, wastewater, and electricity. It is imperative that the electrical system be cautiously reviewed to reflect the needs and use for charter generators and onboard equipment. The project design team is highly qualified and is familiar with Newport Harbor, the California Building Code, Fire Code requirements, and current commercial marina standards. The proposed design reduces overall water coverage and also reduces impact to the horizontal view corridor. Covered Water Area Dock Guide Piles Gangway Structural Piles Local Benefits: Current Dock System 4,850 sq ft. 21 @ 18" 2 @ 14" Proposed Marina 4,325 sq ft. (-525 sq ft.) 19 @ 18" (-2 piles) 4 @ 14" (+2 piles) In order to operate a charter within Newport Harbor certain criteria must be met and documented in the Marine Activities Permit (MAP) issued by Harbor Resources. Specifically, parking for the large charter bases must be approved by the Planning Department. The current MAP for Waterfront Newport Beach was previously approved with parking conditions. As the charter base is refined by this reconfiguration project, the MAP will condition that the onsite parking garage must be used to accommodate passengers thereby reducing parking impacts in the Mariner's Mile vicinity. This project will: 1. Provide a custom-built, fully -parked and passenger -staged charter base and marina adhering to the parking conditions required in the Marine Activities Permit. 2. Provide berthing for three major charter vessels, and other supported commercial berthing for a combination of uses and vessel sizes. 3. Provide for easy passenger and crew access and boarding. 4. Not affect navigation access or berthing of adjacent parcels. 5. Reduce water coverage (-11 % from the original 1985 permitted configuration). 6. Increase harbor water view frontage from 30% to 60% of bulkhead boardwalk length. 7. Reduce vessel overhangs by 36 feet and 21 feet from present configuration. Dock Reconfiguration at 2901 W. Coast Highway November 23, 2010 Page 4 8. Reduce offsite charter parking otherwise used by Mariner's Mile visitors. 9. Support project investment, operation, and contributions to local economy. Approval in Concept: Because the project is designed within the Harbor Design Criteria and Title 17 Harbor Code, staff will issue an Approval in Concept (AIC). In order to address specific issues relative to safety, passenger boarding, and environmental concerns, special conditions will be integrated into the AIC. Some of those conditions will require Harbor Resources or other City Department authorization and sign -off prior to final plan check approval: Dock Management Plan; sign requirements for ingress/egress and fire routes; fire or emergency evacuation plan; fire suppression; emergency electrical shutoff; sewage management plan; and the ability to maintain a valid Marine Activities Permit. Upon issuance of the AIC the applicant may submit full plans to the Building Department for plan check. Concurrently, the applicant will submit the project to the California Coastal Commission and Army Corps of Engineers for permits. Should the agencies approve the project, the City of Newport Beach will finalize plan check. The charter business operation will continue to operate according to the requirements of the existing, valid Marine Activities Permit. The MAP will be revised upon completion of the marina construction. The annual commercial pier permit will be replaced by a lease agreement for the commercial use of the public tidelands. The Harbor Commission was also apprised of this project and their comments/concerns have been addressed in the aforementioned conditions. ENVIRONMENTAL REVIEW: Harbor Resources approval of this item is categorically exempt from CEQA under section 15302, Class 2, Replacement or Reconstruction: "Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced." PUBLIC NOTICE: This agenda item has been noticed according to the Brown Act (72 hours in advance of the public meetings at which the City Council considers the item). Prepared by: Sha on Levin Harbor Resources Supervisor Dock Reconfiguration at 2901 W. Coast Highway November 23, 2010 Page 5 Submitted by: �i1 rj/d, ch 6eha14 4 Attachments: Aerial — 2901 W. Coast Highway Harbor Lines Proposed Configuration Distances in Turning Basin Stephen G. Badum Public Works Director wo- cu ::r- 4-0 4-0 cn m U +-+ 0 N I 0 L N-- U 0 0 I..L I I I I I I {I I I I I ^ Ile; ; I! O q W 1$ X I SW.LS J I I / I I I I I j�l I I I L ra L L I I I I I I {I I I I I ^ Ile; ; I! O q W 1$ X I SW.LS w Nov 1 st, 2010 City of Newport Beach 829 Harbor Island Dr. Newport Beach, Ca 92660 To the Newport Beach Harbor Resources and Commissioner, Dear Ms. Shannon Levin, I just want to thank -you for keeping Newport Beach residents abreast on all these issues regarding Newport Harbor and your continual service to making Newport Beach a better place to live. As a home owner and boater that has lived on Lido since the 1980's, I am especially concerned about the allowance of "One More Mega Charter Yacht" of 124 feet, becoming a permanent residence in Newport Beach Harbor, at the 2901 W. Coast Hwy, John Dominis Marina. I read the updated article from the Log recently and I am amazed as to how this "Small Boating Harbor" is actually busier than the John Wayne Airport with these large "birds", especially on the weekends. As a residence and I can speak for several other residences who pay an abundance in property taxes, we feel that this 2 mile channel (main channel) has no more room for us local boaters who live or visit here. We are constantly bombarded and are having to constantly maneuver around not only one but several of these on coming "Mega" ships all weekend long, every weekend, all year long. We have all been watching this industry "Bust" at the seams year after year, and keep wondering if anyone at the City of Newport Beach or the Harbor Commissioners really cares or is even paying any attention to an industry that is out of control and dominating the waterways. Because my weekends have become unfortunately filled with watching the charter industry pass by my house from my balcony, I have learned a lot about this industry and who owns what. It is amazing, but at this current moment, the harbor is overly saturated with 17 - 100 foot "Charter Yachts". 3-4 yachts at Hornblowers: Yacht: Mo Jo, Entertainer, Wild Goose, Endless Dreams at times and of course their Holiday Fleet from Outside harbors. 1 at 2527 W. Coast Hwy. Yacht: ICON 4 at 2901 W, Coast Hwy. Yacht: Spirit of Newport, Ambassador, Royal Princess, Endeavor 3 at 3101 W. Coast Hwy. Yacht: Just Dreamin, Dream Maker, Dream On occasionally. 5 at Lido Village Yacht : Electra, Newport Princess, Destiny, Athena, Eternity Enormously large fleet This totals to 17 charter yachts that are 100 feet to 135 feet, plus not only are they 2 levels but now they are getting even taller, looking like a 3 story monolithic building coming down the harbor. So now, the yacht charter industry wants to get approval to change Newport's Harbor Marina landscaping to accommodate one more of their Mega Ships, Yacht Majestic of 124' , by pushing the overhanging allowance that was set in the beginning to accommodate the size of this harbor and the safety of the local recreational boaters. As we all know, the harbor hasn't grown in land mass or larger channels of water ... only the "GREED" from these large companies like Electra Cruises, Pacific Avalon (with their new plans) and Hornblower have grown. Their need is to get even bigger to get every one last customer at the expense of the size of Newport Harbor, the peace and quiet of the homeowners and the safety of the local boaters. Sincerely, we all need to take a moment and ask ourselves, when is enough, enough?????? When are the lines going to be drawn to protect this harbor and its standards for the better behalf of everyone who shares it? Or is it just going to continue to grow, maybe add another 1 or 3 more yachts (totaling 18 to 20) as these charter companies see fit to get "Richer". From watching this over the years, it seems to make sense that, the bigger the yacht, the bigger the capacities, the bigger the profits. Newport Beach is the only Harbor in California and probably on the West Coast that is bombarded by this "Mega Charter Yacht" GREED, within a 2 mile space of waterway (main channel) since this is the only channel that they fit in. I want to commend Ralph Rodheim for taking a firm public stance of knowing what is wrong with this picture for this size of this harbor as the Log quoted you. Please, when it comes time to making a decision, us home owners and boaters hope that the Harbor Commissioner and Resources won't add another 124' Mega Ship (capacity of 400) to this Harbor permanently by allowing the reconfiguring of these docks to be sideways at 2901 W. Coast Hwy. If it is allowed, sincerely, it would be condoning the saturation of this industry's dominance and greed at the cost of everyone else who shares this harbor and is not in the charter boat industry. Reconfiguring the John Dominis docks is beyond what these docks and the harbor ordinances allowances were originally designed for. The bow or stern will reach out way too far into the harbor causing a hazard for other boats of all sizes. Everyone who reads the local news is aware from reading the previous articles in the Log and Daily Pilot, that there has already been an accident at that location due to the Ambassador reaching out past its legal docking guidelines and being clipped by another charter boat this past summer. If the charter yachts are accidently hitting each other, what about the other yacht owners and visitor that come to this harbor? I appreciate everyone for taking their time to review our concerns as home owners and boaters that have been here for years and years. We really feel that we have no rights or input on the use of this harbor fairly from what we have seen through out the years. Now, there is this new major request that faces our community ahead regarding the reconfiguring of 2901 W. Coast Hwy. Marina to accommodate one more, "Mega Charter Machine" with the capacity of 400, that is enormous. Please take into consideration that this harbor already has 17 -100' charter yachts at this time, do we need another? We are all hoping there is some relief to this charter madness, maybe a moratorium at this time would be the solution. CITY OF NEWPORT BEACH HARBOR COMMISSION STAFF REPORT Agenda Item No. 2 October 20, 2010 TO: Harbor Commission FROM: Public Works Department Shannon Levin, Harbor Resources Supervisor (949) 644-3041, shannon (Q)newportbeachca.gov SUBJECT: 2901 West Coast Hwy — Marina Reconfiguration ISSUE: The applicant at 2901 West Coast Highway is proposing to reconfigure their marina. RECOMMENDATION: The Harbor Commission is requested to: 1. Receive and file. DISCUSSION: Background: In 1985 the marina at 2901 West Coast Highway (Attachment 1) was built to accommodate 10 slips and side ties. In the last 25 years the docks and piles have been repaired, replaced or modified several times to accommodate changing uses and increased vessel sizes. The proposed marina at 2901 West Coast Hwy is a state of the art system anticipating future market needs using new design standards. Purpose: Waterfront Newport Beach, LLC proposes to reinvent the marina to serve as a charter based marina for three existing charter vessels with space for an additional smaller charter vessel and a publicly accessible water taxi dock. The current marina berths five charter vessels, one of which, Ambassador, is in violation of the overhang limit. A sixth vessel, Majestic, berths in Long Beach and occasionally books charters in Newport Harbor and requires special permission for overnight 2901 West Coast Hwy — Marina Reconfiguration October 20, 2010 Page 2 berthing. That vessel greatly exceeds the overhang limit and is therefore restricted from full-time berthing in Newport Harbor. The proposed configuration is designed for the legal berthing of three charter vessels: Majestic, 148 feet length overall (LOA); Ambassador, 126 feet LOA; and Royal Princess, 94 feet LOA. Charter vessels Majestic, Ambassador, and Royal Princess were surveyed by a professional marine surveyor. The new marina and its vessels will be located within the allowable water area defined by the property line extensions, Pierhead Line, and allowable vessel extension beyond the Pierhead Line not to exceed the beam width per NBMC 17.25.020(C). Concepts and Design Elements: The applicant presented at least four alternatives to Harbor Resources before deciding to proceed with "Option A2" (Attachment 2). The selected option provides Mariner's Mile benefits, and economic, regulatory, and environmental advantages to the charter base. 1. Provides a custom-built, fully -parked and passenger -staged charter base and marina adhering to the parking conditions required in the Marine Activities Permit. 2. Provides berthing for three major charter vessels, and other supported commercial berthing for a combination of uses and vessel sizes. 3. Provides for easy passenger and crew access and boarding. 4. Proposed berthing does not affect navigation access or berthing of adjacent parcels. 5. Reduces water coverage (-11 % from the original 1985 permitted configuration). 6. Increases harbor water view frontage from 30% to 60% of bulkhead boardwalk length. 7. Reduces vessel overhangs by 36 feet and 21 feet. 8. Reduces offsite charter parking otherwise used by Mariner's Mile visitors. 9. Project revenues support project investment, operation, and contributions to local economy. Current Dock System Proposed Marina Covered Water Area 4850 sf 4325 sf (-525 sf) Dock Guide Piles 21 @ 18" 19 @ 18" (-2 piles) Gangway Structural Piles 2 @ 14" 4 @ 14" (+2 piles) The dock system will be designed and constructed according to the Harbor Design Criteria, Council Policy H-1, California Department of Boating and Waterways Standards, ADA, LEED, Army Corps, Coastal Commission, and California Green Marina standards. The facility will operate as a California Green Marina. Steps Forward: 2901 West Coast Hwy — Marina Reconfiguration October 20, 2010 Page 3 The Harbor Resources Division will issue an Approval in Concept. Once issued the applicant may submit plans to the Building Department for plan check. Concurrently, the applicant will submit the project to the California Coastal Commission and Army Corps of Engineers for permits. Should the agencies approve the project, the City of Newport Beach will approve the plans. The charter business operation will continue to operate according to the requirements of a Marine Activities Permit. The permit will be revised upon completion of the marina construction. ENVIRONMENTAL REVIEW: The Harbor Commission's approval of this item is categorically exempt from CEQA under section 15302, Class 2, Replacement or Reconstruction: "Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced." PUBLIC NOTICE: This agenda item has been noticed according to the Ralph M Brown Act (72 hours in advance of the public meetings at which the Harbor Commission considers the item). Submitted by: Shannon Levin Harbor Resources Supervisor Attachments: Aerial Photo of Project Site Proposed Dock System I u I . . . ........ .. . . ................... .. . ..... . ..................... . . . ... . ... . ............. . .......................... . ... . ........................... ... . ................................... .. . . ...... ... . .... ... . .. . . ...... .. ... .. . .. . ...... u I Page 1 of 1 , , A, � tAll W IV John: Thanks for the reply. Glad to see you had a hand in making this project a better project! I am concerned that the staff report is a real light in details and has a few misstatements of fact. It is light in that it does not address ( and I will bring them up) the following: 1. No sewage or trash plan as required by the CFR's and how they would be handled shore side. 2.No detail on a requirement for cold ironing while tied to the docks, CNB, AQMD, being more green, etc. 3. No detail on electrical service over the seawall. Provisions for three phase?, No ELCI- (ABYC a-11) More details on design standard for shore side panel GFI and its sensitivity. PLAN} 6�� 4. Design of a robust fire control system to handle a fire on a ship this size if it had to return to the dock while on fire. The Harbor patrol boat probably could not even approach a burning ship of this size in the bay because there would be so many people in- water in a fire or explosion event. Something larger than a 2 inch line and a ;^ hose is needed at the dock. Y�� C 5. No sign requirement about "No Swimming", again electrical and electrocution exposures. 6. No provisions for folding rescue latters at pier ends to add in the recovery of guests or crew members that fall over board at the dock. A very common source of accidental drowning in Newport Bay. The project looks good. I would like to see this project embrace some state of the art design and thinking that forces the building department to design the right types of docks for operations of this scale, size and the fact it will be there for many years to come. Just a heads up. Thanks, �✓ GCfL-)W q� ,dy,'1N � nP caon`n u,�' 2 Tuesday, October 19, 2010 AOL: Dz71aw Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: 29 September 2010 Name of bay, estuary, lagoon, or harbor: Newport Harbor Specific Location Name: Waterfront Newport Beach, LLC (address or common Robin Lombardo, Property Manager reference) 2901 West Coast Highway #200 New ort Beach, CA 92663 Site Coordinates: (UTM, Lat./Long., datum, 330 37'12" N accuracy level, and an 1170 55'31" W electronic survey area to map or hard copy of the 330 37'13" N map must be included) 1170 55'34" W See attached maps Survey Contact: (name, phone, e-mail) Debbie Karimoto, (949) 887-7041 (cell) (949) 830-1173 (fax & office) debkarimoto cox.net Personnel Conducting Survey (if other than Same above):(name, phone, e- mail Permit Reference: (ACOE Permit No., City of NB #1760-2010 RWQCB Order or Cert. No. Is this the first or second survey for this First project? Was Caulerpa Yes, Caulerpa was found at this site and Detected: (if Caulerpa is found, please has been contacted on date. immediately contact NOAA Fisheries or CDFG ersonnel identified above xxxx No, Caulerpa was not found at this site. Description of Permitted Work: Replace existing float dock with new dock. Replace existing piles with (19) (describe briefly the work new 18" square concrete piles. Provide new ADA gangway and ramp to be conducted at the site system. Install 7' x 7' gangway lobe supported by (4) 14" square concrete under the permits piles. identified above Description of Site: Depth range: 2'-23' Tide was incoming and varied between (describe the physical and +4.00' and +5.06' at time of survey. biological conditions within Substrate type: Soft, silty sediment; compact, silty sediment; the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical compact, silty gravel Temperature: 69-700 Salinity: Normal bay range of 30-33 ppt Dominant flora: None information). Dominant fauna: Tunicates, mussels, barnacles, limpets, sponges, bryozoans, tube -dwelling anemones, stingrays, barred sand bass, navanax egg casings, leafy hornmouth egg casings, shore crabs, bat star, flat worm, Zoobotryon verticillatum Exotic species encountered Zoobotryon verticillatum (including any other Cauler a species): Other site description none notes: Description of Survey Survey date and time Effort: period: 29 September 2010, 9:30 am —1 pm (please describe the Horizontal visibility in surveys conducted including type of survey water: 3-5 feet (SCUBA, remote video, Survey type and etc.) and survey methods methods: Surveillance level SCUBA survey; Diver swam employed, date of work, transects throughout APE and 30' beyond on all and survey density sides, including under boats, yachts and dock (estimated percentage of floats. Survey personnel: the bottom actually viewed). Describe any Debbie Karimoto 949 887-7041 cell Survey density: limitations encountered during the survey efforts. —30% of APE Survey limitations: None Other Information: (use this space to provide See map and site survey sketch any additional information or references to attached materials such as maps, reports, etc. Caulerpa Survey Reporting Form (version 1.2, 10/31/04) Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 Red Star in upper left corner reflects survey site Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 Fuchsia line indicates survey perimeter 4 Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 CITY OF NEWPORT BEACH MWWY ate+ ?l_ ow SOUE 1"MW namm 75mnil mw Atm D"Um N F1 u me umm 0!' m Y um WN • . mmuum mm Or = JECT SITE �O"' AP o mm V. NMi00R uw� Wm w TI#E SQR10N CrOr N!*1'Olif W. REPLACE EXU"W FLOONS MW MM WE DMIL REPLACE EKISFIN2 FIM NI1M 10 F Mr SAME C10FiC. MLES PIK MIDE NEW ADA CANI7W AND RAMP STS M. MKL M' GANOW LOSE SUPPORTED Or 4 1e SM"E COIL PLEL mmvm ammura amr 070Vj0' I W Mm ! r 1jmrVmjm"off Il. \���� war V&Awji — mereewnm ArEaMW APPUCWF'S %"a 14m0cRr Dom Jos AOC11M 2207 W. COW HMV. WE; SQ SEPT 10 61 Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 Panoramic view of site, left to right Adjacent property to left Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 10 Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 11 Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 End of report 12 Eelgrass Survey Reporting Form (Version April 2009) This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffinan, National Marine Fisheries Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). * Required Information Site Name: (common reference) Waterfront Newport Beach, LLC Robin Lombardo, Property Manager 2901 West Coast Highway #200 Newport Beach, CA 92663 Survey Contact: (name, phone, e-mail) Debbie Karimoto (949) 887-7041 (cell) (949) 830-1173 (fax & office) debkarimoto cox.net Permit Reference: (ACOE Permit No., City of NB # 1760-2010 CCC Permit No.) Hydrographic System: (bay, estuary, lagoon, or Newport Harbor harbor) Specific Location: (UTM, Lat. Long., datum, 330 37'12" N accuracy level, attach 1170 55'31" W electronic survey area map if to possible) 330 37'13" N 1170 55'34" W See attached maps Was Eelgrass Detected: * Eelgrass within 15' of project or disposal site * Eelgrass within 15 — 30' of project or disposal site * XX No eelgrass in project area or disposal site Description of Permitted Work: Replace existing float dock with new dock. Replace existing piles with (19) (describe briefly the work to new 18" square concrete piles. Provide new ADA gangway and ramp be conducted at the site system. Install 7' x 7' gangway lobe supported by (4) 14" square concrete under the permits identified piles. above -1- Description of Site: (describe the physical and Depth range: 2'-23' Tide was incoming and varied between biological conditions within +4.00' and +5.06' at time of survey. the survey area at the time of the survey and provide insight into variability, if known. Please provide units Substrate type: Soft, silty sediment; compact, silty sediment; compact, silty gravel for all numerical information). Temperature: 69-700 Salinity: Normal bay range of 30-33 ppt Dominant ora: None Tunicates, mussels, barnacles, limpets, sponges, Dominantfauna: bryozoans, tube -dwelling anemones, stingrays, barred sand bass, navanax egg casings, leafy hornmouth egg casings, shore crabs, bat star, flat worm, Zoobot7yon verticillatum Exotic species encountered: Zoobotryon verticillatum Other site description notes: None Description of Survey Effort: Survey date and time 29 September 2010, 9:30 am — 1 pm (please describe the period: surveys conducted including type of survey (SCUBA, remote video, Horizontal visibility in 3-5 feet etc.) and survey methods water: employed, date of work, and survey density (estimated percentage of Survey type and Surveillance level SCUBA survey; Diver swam the bottom actually methods: transects throughout APE and 30' beyond on all viewed). Describe any sides, including under boats, yachts and dock limitations encountered floats. during the survey efforts. Survey personnel: Debbie Karimoto (949) 887-7041 (cell) Survey density: —30% of APE * Survey limitations: None Other Information: (use this space to provide See map and site survey sketch any additional information or references to attached materials such as maps, reports, etc. Eelgrass Survey Reporting Form (version April 2009) -2- Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 Red Star in upper left corner reflects survey site -3- Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 Fuchsia line indicates survey perimeter Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 CITY OF NEWPORT BEACH �WY In E" _ &V VICINITY MlIP �r MMOMMY 10 FW.WMOR LINES AN Q9TAGLI1 M w PROJECT SITE '°" TM" :� orW REPLACE EXUTM FLOONI DOCK MM NES MEIL REPLACE OMNI RES MM 19 WN 1V SMARE C011G PILES PROIADE NEW ADA G44I7W AFD RAMP MSIM. IVRDY.L 7517' GANMW LM SUPPOR ED IN 4 14" SKME CMC PLEB. lmrmaacawx w aer O� jmfmum Ael OmP 1AOlddO'.a Y�II �/amwtwa Aw®-n f 11�nv fm or RM:M I SIMME V14 W I APPLrmrs N m 11lEIFlaFRO u NE1Mi m som IJM ADDREM 29M W. COW RWf.1 MM 12 SEPT 10 I Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 -5- f l l i amma=-, Adjacent property to left WOE Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 -7- Site Address: 2901 Fest Coast Highway, #200 Newport Beach, CA 92663 Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 -10- Site Address: 2901 West Coast Highway, #200 Newport Beach, CA 92663 -11- Site Address: 2901 West Coast Highway, #200 Newport Beach, CEL 92663 End of report -12- Worksheet for Building Combo Permit Application ;QwpoR> r W City of Newport Beach - Building Department Please print 3 copies HARBOR RESOURC :Building ( GradingDrainage Elec Mec APAN 1. Project Address (Not mailing address) F Suite o ...1.............._............e........�...._..................:................. ........................................................... ..............................:................................ . Tenant Name(if Applicable) GLC # Units (if Residential) 2. Description of Work Use ^�/Q� jp 'I` (/�................ 15dk.�f.-.......... t.>...DuC...' yli I (/�.....................1�f 1 (y//J� �.V /j , %i � /�/ x+'7'7 ..................................................................................{......(....................................................../....^............9..................'......L........w.............................. Valuation $ ! � a0® �'d Exist House SF Demo House SF Add/Reconstruct House SF G._ _/.___ ................................. . r ................ . ...................... Exist Gar SF Demo Garage SF Add/Reconstruct Garage SF i # Stories _�.. .............................................. TOTAL HOUSE SF Cu Yd Cut New Add J7. Alter Demo f ............................ TOTAL GARAGE SF Cu Yd Fill rM .A_,�,`f- ........................... Check Appropriate Box for Applicant (" 3. Owner's Name Last v) S V/'d� :First -�— Owner's Address ' Owner's E-mail Address t4l, C- .............................. ..................... _............. ........... City ///� (3 StateZip Telephone 3 ((Z [" 4. Architect/Designer's Name Last First Lic. No. Architect/Designees Address Architect/Designer's E-mail Address City ................................................................................................................................................ StateF77 Zip Telephone 5. Engineers Name Last First (� r g �I....[..1/L................................................€ (......�.%!...........��' Lic. No. Engineer's Address LVo Engineer's E-mail Address ...._ .m....4 ...................... t....c4-.......1............°......................................... ............................................................................................................................................................................................... City State Zip Telephone �� �3 3 -- _ ----- __W_._. Ccs=-- [.���...... ............��........... 6. Contractor's Name Last���.. Lic. No. 7o5Elass ........................: Contractor's Address Contractor's E-mail Address [ . . ............................. ............................................................................................................... ............................. City �� v \. ? State ip Telephone OFFICE USE ONLY ENERGY P/C FEE $ PERMIT NO. ��,,��yyQ� GRADING P/C FEE $ PLAN CHECK NO. C�C�Q'Z 66 Rev 1/18/07 ELEC/MECH/PLUM P/C PLAN CHECK FEE $ 4T {NEWPORT BEACH CITY OF NEWPORT BERCN PACIFIC OCE AN YICI.NITY MRP ROES DIV. SRT BEACH Q� i I J Ie LCZ'4 TL O rr/,vc L: -)e x PROFILE- 1• 30' EFUT SEM SOLMINO fn EXPREM IN FEET W DENOTE ELEVRTIONS QED ON MEAN• LOWER LOW WRIER. a 1oNN �N;s 2� srAUl�/» r t V' \ Q 5'cope of woe1p<� :/ Rer"'ov,= ErAedQas��[�;h/n9 yo:le SR.K Le�q 'F� O rl / apt /`itt^'�% Q� �'lQ�p iA' wtus' . Fl •� ie`e$•I2 IA S, ' • • �U, S. ,TY OF NEWPORT BERCH CT J� NEWPORT BERT BEACH G/ WEST � T (�`pial P`9CIFIC oz PIER F'9N VICINITY MRP MN:CRi DW, C LIFOMR -7-17 v MwORT Lan MAC EBY HARBOR RESOURCES ACH CITY OF NEWPORT EE WST JETTY O EFIST JETFY L DGA41"49 J � J `0 J I � NL lU. �' 2L LaC/�TC'L Lv S /ZL- LC1--7,4 TL. O F"I�IG L C PROFILE 1' = 30' SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVRTIONS BASED ON MEAN LOWER LOW WATER. IN u 2L= T u s, FIN A S_19Z_A ,�> Lln/L= PLAN VI BV 1' = 40' 'r'g6 yJ APFLICl;NT'S NAME go�C',^r 4 >I�U^� _�: �, OB ADDRESS 090/ W, CQAS%/�N�' DATE O�tiW Pp�� CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 December 4, 2002 Jurek Pilek Waterfront Yacht Management 26895 Aliso Creek Road, Suite B 214 Aliso Viejo, CA 92656 Re: Pier Permit CP12829011 for 2901 West Coast Highway Escrow 02382159 Dear Mr. Pilek: The City of Newport Beach Harbor Resources Division has inspected the commercial pier and floats for the above-mentioned property and has found that it meets the City standards. The pier permit will be transferred to Waterfront Newport Beach, LLC. If you require further assistance in this matter, please call 644-3043. Sincerely, k t 6 Wes Armand Harbor Resources 3300 Newport Boulevard, Newport Beach ro4 F v 4, ;t � Date of Applicaton: HARBOR PERMIT TRANSFER APPLICATION q/1 'S /10z Permit Number: CP l 2$ Z qo l l Property Address: Z ao 1 w ES'( PKcd-it_ c o-&, -j tt wy f4c kro o anq 6 E*lA , CA clz b 6 3 Buyer's Names: WPt7f,wt Mc- tjpo(Lr 9,E* -c lrt LA/C Billing Address: 9540 S. C.-QULdIF-PA t31. #1oj, L�5 A-m�E lr S, CA aloo 4!; Telephone No.: 310_ (1341-4S431 Buyer's Signatures: �9(LV I til k4,p (A K MV%Wh;%9G MEN Seller's Names: Pro +, f A,& . Seller's Signatures: M -if* 11i- I Joint Owner Signature: N/A Escrow Company: 5Tewkv-. - 1-t LE esc.RokJ Ens. EN %9 YEE1 Escrow Number: 0ZSS Zl S9 Fax #: gk g - Xq%-t-163'1 Inspection Date: Reinspection Date: Fee Amount: -,� f < Date Paid: 9/is /o I., Check Number: Application Approved: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. �EW Pp�T °� CITY OF NEWPORT BEACH ,n V P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 c9CI FOR, October 1, 2002 Jurek Pilek Waterfront Yacht Management 26895 Aliso Creek Road, Suite B 214 Aliso Viejo, CA 92656 Re: Pier Permit CP 12829011 for 2901 West Coast Highway, Newport Beach Escrow # 02382159 Dear Sirs: The City of Newport Beach Harbor Resources Office has received a request to transfer the above noted pier permit for 2901 West Coast Highway. The structure was inspected by the Harbor Resources Staff and a City Building Inspector and we cannot transfer the pier permit until the following deficiencies has been corrected and we have been notified of the corrections: Many of the electrical dock boxes must either be replaced or repaired. Cover plates, KO Seals, etc, Dead Fronts, etc. One finger has at the most bayward portion has decking that should be replaced. Some of the fire fighting equipment (hose boxes) have broken glass plates and this equipment is due for re-inspectiori during January 2003. Your Assistant Dock Manager, Don Burns, accompanied the inspectors during this inspection and these repairs were explained to him. 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 Harbor Inspector 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT RERRH CITY OF NEWPORT BERCH w�sr rBRY I � EI R 1 BRY PR I FIC p AM CRIV PIER �r \ VICINITY MHP MfM Mf, W,IFOaR 7U� `t NL K/ 2L LOGS 7Z= L �v lh I J P/L /NG 4 IJ j 0�, /ZL✓fL-14T� D Fi�uG t� c DNA i9 I l34TTON! Jtl/ I� I I PROFILE 1' = 30' SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. JONiJ DOMINIS 2CSTAU2/J'T nxj s ID r�ocxs /1/!OI/L: &X/ST r1A PILING 4' i5AST UL S, /Z9 1).59 gG/,c-1� 1. JAIL: PLAN VIEW 1' = 40' APPLICANT'S NAME 0204 Yg6Y;" 0HA2rYE51 JOB ADDRESS 290/ W,, COAST L/W yl RITE z0 - 95 W a terr fr&nt YaA:h' M avn���t I wci. 26895 AU4&CreeTVRd/ Suitt&B214 AU40-V!g0-, CA 92656 October 10,2001 Wes Armand Harbor Inspector Harbor Resources Division City of Newport Beach Newport Beach, CA 92663 Re: Transfer of Pier Permit Dear Wes, As per our conversation last week regarding the transfer of the pier permit, for 2901 West Coast Hwy shall remain in the property owners name, but should be forwarded to Waterfront Yacht Management for payment each year, unless otherwise notified by me. Waterfront being the master tenant of the said property will be responsible for the annual payments. Please forward the bill to: 26895 Aliso Creek Road, Suite B214 Aliso Viejo, CA 92656 Best regards, Jurek M. Pilek Dockmaster Waterfront Yacht Management Armar,d, Wes To: .Carney, Seanne Subject: new billing address Seanne, please change the billing address for the commercail permit: CP 12829011 to Waterfront Yacht Management, 26895 Aliso Creek Road, Suite B-214, Aliso, Ca 92656 "Maximizing Value Through Integrated Solutions" May 31, 2001 Wes Armand Harbor Inspector Harbor Resources Division CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 Re: 2001 Pier Permit Fee: CP 12829011 2901 West Pacific Coast Highway Iu_ :_lot ..0 �� VIA OVERNIGHT DELIVERY It was a pleasure speaking with you recently regarding the referenced Pier Permit. Enclosed find check #10447 in the aggregate of $4,256.00 representing our 2001 Permit Fee. As you are aware, we never received a bill. Please accept our heartfelt appreciation for your professionalism to waive the penalties and late charges. I shall submit the Pier Permit Transfer Application, with appropriate fee, under separate cover. Thank you! Very truly yours, Todd D. Weaver Property Supervisor TWeaver@SynergyCRE. Com File 11024 Balboa Boulevard • PMB 425 9 Granada Hills, California 91344 0 Office 818.891.5540 Fax 818.891.5131 DISPLAY BUSINESS RECORDS: DISPLAY EXIT DISPLAY BUSINESS RECORDS --------------------------------------------------------------------- 06/25/01 BUSINESS NUMBER CP12829011 TOTAL DUE 5138.00 BUSINESS NAME PROT INCORPORATED SERVICE ADDRESS 2901 COAST HWY E APT PRESS ESCAPE FOR NEXT SCREEN (zp-) ZIP BILLING ADDRESS C/O SYNERGY ASSET MGMT INC CYCLE A TAX Y PENALTY N 11024 BALBOA BLVD, PMB #425 PROPERTY ID GRANADA HILLS, CA UNAPPLIED CREDIT 0.00 91344 EXPIRES 07/11/2000 SERVICE TITLE BILL REF DATE BILLED PAID DATE PAID COLLECT COLLECTION COL2000-02R 07/11/00 2058.00 2058.00 10/05/00 CPIER 2001-01 01/18/01 4256.00 0.00 CPIER 2000-02 02/03/99 3920.00 3038.00 10/05/00 CPIER 1999-02 02/09/99 3920.00 3'97tT-.`U0 03/18/99 CPIER 1998-02 02/03/98 3920.00 3920.00 03/10/98 PRESS ESCAPE FOR NEXT SCREEN (zp-) SEW PORT ° CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 cq�iFoaN�P May 18, 2001 Prot, Inc. C/o Synergy Asset Management, Inc 11024 Balboa Blvd, PMB # 425 Granada Hills, Ca 91344 Dear Sirs: This will confirm this morning's agreement regarding the annual pier permit fee. Synergy will remit the amount that was due at the start of the calendar year ($4,256) and the City of Newport Beach will waive the penalties for year 2001. The square footage the fee is based on is 15,200. Should you require additional information, please call me at 949-644-3043. Sincerely, Wes Armand Harbor Resources Division 3300 Newport Boulevard, Newport Beach DISPLAY BUSINESS RECORDS: DISPLAY EXIT DISPLAY BUSINESS RECORDS --------------------------------------------------------------------- 05/18/01 BUSINESS NUMBER CP12829011 TOTAL DUE 5138.00 BUSINESS NAME NROT INCORPORATED SERVICE ADDRESS 2901 COAST HWY E APT ZIP BILLING ADDRESS C/O SYNERGY ASSET MGMT INC CYCLE A TAX Y PENALTY N 11024 BALBOA BLVD, PMB #425 PROPERTY ID GRANADA HILLS, CA UNAPPLIED CREDIT 0.00 91344 EXPIRES 07/11/2000 SERVICE TITLE BILL REF DATE BILLED PAID DATE PAID COLLECT COLLECTION COL2000-02R 07/11/00 2058.00 2058.00 10/05/00 CPIER 2001-01 01/18/01 4256.00 0.00 CPIER 2000-02 02/03/99 3920.00 3038.00 10/05/00 CPIER 1999-02 02/09/99 3920.00 3920.00 03/18/99 CPIER 1998-02 02/03/98 3920.00 3920.00 03/10/98 PRESS ESCAPE FOR NEXT SCREEN CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Synergy Asset Management 11024 Balboa Boulevard, PMP 425 Granada Hills, Ca 91344 Re: Pier Permit CP12829011 for 2901 West Pacific Coast Highway Dear Sirs: The annual pier permit for the above mentioned property has not been paid for the calendar year 2001. It is very important to contact me in regards to this bill as soon as possible to arrange for payment. Please call me at 949-644-3043. Sincerely, Wes Armand Harbor Resources Division 3300 Newport Boulevard, Newport Beach DISPLAY BUSINESS RECORDS: DISPLAY EXIT DISPLAY BUSINESS RECORDS --------------------------------------------------------------------- 05/14/01 BUSINESS NUMBER CP12829011 TOTAL DUE 7266.00 BUSINESS NAME PROT INCORPORATED SERVICE ADDRESS 2901 COAST HWY E APT ZIP BILLING ADDRESS PO BOX 2410 CYCLE A TAX Y PENALTY N PROPERTY ID NEWPORT BEACH, CA UNAPPLIED CREDIT 0.00 92658 EXPIRES 07/11/2000 SERVICE TITLE BILL REF DATE BILLED PAID DATE PAID COLLECT COLLECTION COL2000-02R 07/11/00 2058.00 2058.00 10/05/00 CPIER 2001-01 01/18/01 6384.00 0.00 CPIER 2000-02 02/03/99 3920.00 3038.00 10/05/00 CPIER 1999-02 02/09/99 3920.00 3920.00 03/18/99 CPIER 1998-02 02/03/98 3920.00 3920.00 03/10/98 PRESS ESCAPE FOR NEXT SCREEN + � _;. T .• d Y-� ._3_ , � .�,t��${ -� NEWPORT 7 - ; � E; _y{y_) ,'� ��1 `-¢y' � 'sem i �_� `' �---�.P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 May 8, 2001 Synergy Assets Management Attn: Todd Weaver 16161 Ventura Blvd., Suite 400 Encino, CA 91436 Re: Commercial Pier Permit: CP 12829011 Dear Sir: The City of Newport Beach Pier Permit for the pier and dock at 2901 West Coast Highway, Newport Beach is in the name of Prot, Inc. In checking with the property tenants, it appears that you are either the owner or manager of this property. Is this correct? If yes, it is very important that you contact this office as soon as possible (949-644-3043). If you are not associated with this property, please assist us in locating the property owner by providing us with the their name and current mailing address. At the time a bay front property changes ownership, the City of Newport Beach Municipal Code requires a transfers of the harbor permit from the seller to the buyer. This process should be completed within 30 days from the close of escrow. Sometimes the seller and/or the buyer are unaware of this requirement. However, once notified, compliance is required within a reasonable time to avoid an administrative citation and or penalties to the normal transfer fee. Your assistance in this matter will be greatly appreciated. Sincerely, Wes Armand, Harbor Inse-tor Harbor Resources Division 3300 Newport Boulevard, Necwoort- Beach DISPLAY BUSINESS RECORDS: DISPLAY EXIT DISPLAY BUSINESS RECORDS 05/04/01 BUSINESS NUMBER CP12829011 TOTAL DUE 6202.00 BUSINESS NAME PROT INCORPORATED SERVICE ADDRESS 2901 COAST HWY E APT ZIP BILLING ADDRESS PO BOX 2410 CYCLE A TAX Y PENALTY N PROPERTY ID NEWPORT BEACH, CA UNAPPLIED CREDIT 0.00 92658 EXPIRES 07/11/2000 SERVICE TITLE BILL REF DATE BILLED PAID DATE PAID COLLECT COLLECTION COL2000-02R 07/11/00 2058.00 2058.00 10/05/00 CPIER 2001-01 01/18/01 5320.00 0.00 CPIER 2000-02 02/03/99 3920.00 3038.00 10/05/00 CPIER 1999-02 02/09/99 3920.00 3920.00 03/18/99 CPIER 1998-02 02/03/98 3920.00 3920.00 03/10/98 PRESS ESCAPE FOR NEXT SCREEN Ike CITY OF NEWPORT BEACH REVENUE. DIVISION 3300 NEWPORT BLVD P. O. BOX 1768, NEWPORT BEACH, CA 92658-8915 E -Mail Address: R&ve'nueHelp@-City;Newport-Beach.ca.us PROT.INCORPORATED,B USINESS NO: CP12829011 PO BOX 2410 NOTICE DATE 01/18/2001 NEWPORT BEACH, CA 92658 DUE DATE: 03/01/2001 Service Qty Unit Price.Extension COMMERCIAL PIERS 1. $4,256.00 $4,256.00 Total invoice:- - $4,256.00 Adjustments: .00 'Penalties .00 Payments: .00 Past Due: 882.00 Total Amount Due: $5,138.00 Penalties will be assessed.as ofApril 1st at 2-5% of fee for each month delinquent, up to and.includin . g 100%, in accordance with Newport Beach Municipal Resolution # 8753. Inquiries regarding your Commercial Pier Permit should be,directed to the Marine'Department at (949) 644-3044. For billing or payment related questions, please contact the Revenue Division at (949,)644-3141. ED V J N Ln 00 I Ln I ci N cd rn 41 pn 10. Q: p p U +J O p •ri pn pO. co 3 4? p w N •rl O N Z A 3 pa 4-I N d O O Z S4 CD 4 > O $ •rl N cn W U PG M Z DISPLAY BUSINESS RECORDS: DISPLAY EXIT DISPLAY BUSINESS RECORDS --------------------------------------------------------------------- 05/08/01 BUSINESS NUMBER CP12829011 TOTAL DUE 7266.00 BUSINESS NAME PROT INCORPORATED SERVICE ADDRESS 2901 COAST HWY E APT ZIP BILLING ADDRESS PO BOX 2410 CYCLE A TAX Y PENALTY N PROPERTY ID NEWPORT BEACH, CA UNAPPLIED CREDIT 0.00 92658 EXPIRES 07/11/2000 SERVICE TITLE BILL REF DATE BILLED PAID DATE PAID COLLECT COLLECTION COL2000-02R 07/11/00 2058.00 2058.00 10/05/00 CPIER 2001-01 01/18/01 6384.00 0.00 CPIER 2000-02 02/03/99 3920.00 3038.00 10/05/00 CPIER 1999-02 02/09/99 3920.00 3920.00 03/18/99 CPIER 1998-02 02/03/98 3920.00 3920.00 03/10/98 PRESS ESCAPE FOR NEXT SCREEN DISPLAY BUSINESS RECORDS: DISPLAY EXIT DISPLAY BUSINESS RECORDS --------------------------------------------------------------------- 05/08/01 BUSINESS NUMBER CP12829011 TOTAL DUE 7266.00 BUSINESS NAME PROT INCORPORATED SERVICE ADDRESS 2901 COAST HWY E APT ZIP BILLING ADDRESS PO BOX 2410 CYCLE A TAX Y PENALTY N PROPERTY ID NEWPORT BEACH, CA UNAPPLIED CREDIT 0.00 92658 EXPIRES 07/11/2000 SERVICE TITLE BILL REF DATE BILLED PAID DATE PAID COLLECT COLLECTION COL2000-02R 07/11/00 2058.00 2058.00 10/05/00 CPIER 2001-01 01/18/01 6384.00 0.00 CPIER 2000-02 02/03/99 3920.00 3038.00 10/05/00 CPIER 1999-02 02/09/99 3920.00 3920.00 03/18/99 CPIER 1998-02 02/03/98 3920.00 3920.00 03/10/98 PRESS ESCAPE FOR NEXT SCREEN Synergy Asset Management 11024 Balboa Boulevard, PMB 425 Granada Hills, California 91344 (818)891-5540 * Fax (818) 891-5131 September 21, 2000 Mr. Wes Armand City of Newport Beach P. O. Box 1768 Newport Beach, CA 92658-8915 Dear Mr. Armand: Pursuant to our telephone conversation earlier today, I am enclosing a check for $3,920.00 for the Commercial Pier tax at 2901 Pacific Coast Highway, Newport Beach. The first time we found out about this amount due was from your collection agent, Account Recovery Services. You informed me that when the transfer of ownership was submitted, a mailing address of P. O. Box 2410, Newport Beach was given to you, apparently in error. It is my understanding that you will reverse the collection fee of $2,058 and do your best to waive the other fees/penalties of $2,940 that have accrued. Please have the record changed for any future billing to: PROT, Inc. c/o Synergy Asset Management, Inc 11024 Balboa Blvd., PMB #425 Granada Hills, CA 91344 We appreciate your efforts on our Client's behalf and ask that you call me at (818) 891-5540, ext. 228, with results of our request for penalty waiver. Thank you. Sincerely, Mary L. eaver Sr. Accountant -3� C/'�d DISPLAY BUSINESS RECORDS: DISPLAY EXIT DISPLAY BUSINESS RECORDS - l ------------------------------------------------------------------- 9/21/00 BUSINESS NUMBER CP12829011 TOTAL DUE 8918.00 BUSINESS NAME PROT INCORPORATED* SERVICE ADDRESS 2901 COAST HWY AP ZIP BILLING ADDRESS 2901 COAST HWY CYCLE A TAX Y PENALTY N PROPERTY ID NEWPORT BEACH, CA UNAPPLIED CREDIT 0.00 92663 EXPIRES 07/11/2000 SERVICE TITLE BILL REF DATE BILLED PAID DATE PAID COLLECT COLLECTION COL2000-02R 07/11/00 2058.00 0.00 CPIER 2000-02 02/03/99 6860.00 0.00 CPIER 1999-02 02/09/99 3920.00 3920.00 03/18/99 CPIER 1998-02 02/03/98 3920.00 3920.00 03/10/98 CPIER 1997-02 02/05/97 3920.00 3920.00 03/03/97 PRESS ESCAPE FOR NEXT SCREEN l „. BUYER'S” NAME> ; .. ADDRESS OF FACILITY: PERMIT#" I r .. ..... Prod: rptra:ted '` " , " 29.01 `rw.. Pacific Coa$C",VH ':Gl' MAILING ADDRESS Pe+tl'Box 24��, TELEPHONE N0949`, FEE CHECKNO:."' DATE Nwport.8eachCA.92658 252-4520 X32'600 2.6933.9 { APPROVED BY: DATE APPLICAT(OSN IS"HEREBY "MADE.TO"TRANSFER HARBOR PERMIT OCHD ""�: ❑ KaTiraiee U.S.A. Inas'.. Prot - Incor poratad -I ENG ❑ ' SELLER'S NAME(S) BUYER'S NAME(S) ' . COUNCIL - (ABOVE"NAMES TO BE TYPED) - -• PUBLIC WORKS ❑ ., SIGNATURE OF SELLER r-,SIGNAT.UREOFvBUYEI '. DEPTH ' '" -•.. ESCROW ❑ SIGNATURE OF SELLER SIGNATURE OF' U1FER` 7 , rt •n. INSPECTTION;1 El SIGNATURE OFJOINT OWNER APP.L.f'CQCTJO[VF'p f:2 FED (DaT • i(;ITY"HARBOR INSPE OR SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OR THE MUNICIPAL CODE CITY OF, NEWPORT BEACH, CALIF. " -. _• dew ; � WK FORM 66-1013 Rev. ... o CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT HARBOR PERMIT APPLICATION (Please print all information) moi �� && 5?Z�Fzo �� e: �; 7 zr� Z 1. Applicant (Properttk Owner) Address Telephone 2. Project Address (Street Address) Harbor Permit Number 3. New Construction Revision Maintenance 4""� Dredging 4. Fee / Check No. 5. Brief Description of Proposed Date 6. Submit 81/2" 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. 10).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 completed (on revers i of this sheet) k'8. Applicant's/Agent's Signature: Date: % Joint Permittee Signature (If ap able): ate: 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 Approval of the Army Corps of Engineers Date Approval of the California Coastal Commission. Date Approval of the City's Public Works Department. Date Approval of the City's Building Department. Date Approval of County of Orange. Date Electrical and/or plumbing permit (Building Department) Date Issued. (Permit is stamped drawing) Date ;�F!�'—�G 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 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 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). 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: fwner's Signature: h 1PAOA Date: 3 —t -) —0- C�Telephone: 9 LI 9 SYk-E 32/ License class: State Board No. 25 S(./ Y 3 City License No. 3 0 b 0') 3 RS -- 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: TRICOM INC. The Fire Protection Pros. Automatic Fire Protection Systems / California Contractors License C-16 #523038 /LA. City Chief's Reg. #4 Lic. R4025 September 21, 1998 John Dominus Marina 2901 Coast Highway 4.�.3.D Newport Beach, CA 92663 Attn: Mr. Jurek Pilek, Dockmaster Dear Mr. Pilek: This letter will serve to confirm that on August 17, 1998 Tricom Inc. conducted pressure tests of the four fire hoses of your dock located at the John Dominus Marina, 2901 Coast Hywy., Newport Beach, California. The hoses were tested to the standards of NFPA #62 and the Fire Code. All fire hoses passed the pressure test and were re -installed by Tricom Inc.. Please call me if there are any questions. Sincerely G� Jack Burden President 2500 S. Fairview, Suite S • Santa Ana, CA 92704 • (714) 557-4101 • FAX (714) 557-4875 Please mail permit to Shellmaker Inc. 875 B. West 15th Stre HARBOR PERMIT APPLICATION Newport Beach, CA 926 City of Nemort Beach Fire & Marine D partment Please Print: (Front & Back) Kawabe U.S.A. 2901 W Pacific Coast Hwy. (714) 650-6722 1. Applicant Property Owner ess Te ep one 2901 West Pacific Coast Hwy. 6 � � f 1�lepl . Project Address street address) r ermit # 3. New Construction Revision Maintenance X Dredging 4. Fee $351.00 YY Check No.=4566 Date 3/9/98 S. Brief Description of Proposed Work: Replace broken piles and repair dock. Modify ramp hinge to meet current code. 6. Submit 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 dredgin9f with elevations showing deppth relative to MLLW 6. Elevations of top and bottom of piles and bulkheads with respect to MLLW 7. Aniy special conditions affectinv the construction or affecting boating operations. 7. Owner Builder/Contractor Declaration/Insurance Info tion 7. Applicant's/Agent's Signature Date 3/12/98 8. Work can begin once the City has received evidence of the following additional approvals and =M have been notified to .proceed: OFFICE 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. Date Date Date Date Approval of the City's Public Works Department. Date . Approval of the City's Building Department. Date /Site unty of Orange. Date 741 lued. (Permit is stamped drawing) Date Inspection. (cull 644-3043 for ao'nt�r,eni-) Date ,�� Site Re -Inspection. Date Conditions: OWNER -BUILDER DEGI,ARMION I hereby affirm that I am exerrgtt 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 constru(.:t, 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 pernalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as Eeir 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 build: or improves thereon, and who does such woi:k 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 prupose for sale.) as owner of the property , am exclusively contracting wwiE=irensed 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 with a Contractor'(s) License pursuant to the Contractor's License Law). 1 am exempt under Sec. of Business and rho e signs Code for this reason: Owner Signature Date ContraCtor Shellmaker Inc. Telephone (714) 548-5359 Address 875 "B" West 15th Street, Newport Beach, CA 92663 License 'lass ASB State Board No.561434 City License No. 96002210 LICENSED CONTRACTOR'S DECLARATION I hereby affirm that I am licensed under.provisions of Chapter 9 (corrmenc:i.ng with Section 7000) of Division 3 of the Business and Professs:ions Code, andne# ic se full force and effect. Contractor Signature Date 12/98 TO DATL Q Accounts Payable Q General Services- Administrative Services 0 Human Resources Q Building Mayor City Attorney ...:.:: Q M.I.S. , 0 City Clerk City Manager CaPlanning� .. City Manager (Assistant) E] Police M public Works/Engineering Q Community Services EX Fire & Marine 0 public Works/Utilities FROM Revenue' i DEPT. Q ❑ACTION - AS REQUESTED REVIEW O INFORMATION ❑COMMENT F]FILE E]SIGNATURE AQRETURN REMARKS i uffil�=M "�N A I TO eK� !// DATET Q Acco Payable �nts y � General S ry . es. L ] Adm nistrative Service_ s =Human Resources D Arts Q` Mayor Buildin M.I.S. City Attorney , Planning City Clerk; . : ;= .Police - = City Manager- - :.Public:Works/Engineering City Manager EASsistant): .:Public Works/Utilities Q Community Serviees -;.. Revenue Fire & Marine FROM ACTION E] AS REQUESTED EVIEW FlINFORMATION COMMENT ❑ - ILE SIGNATURE RETURN REMARKS • i BUSINESS TELEPHONE (562) 691-4832 FACSIMILE (562) 690-1920 HAROLD W. ANDERSON INVESTIGATOR 9759 SOLEJAR DRIVE WHITTIER, CALIFORNIA 90603-1720 October 31, 1997 Mr. Tony Melum Deputy Chief, Environmental Services City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Re: Giorgia Noferini v. Kawabe, USA, Inc., et al Orange County Superior Cou:1;F, 773299 Our file: 97.155 Dear Mr. Melum: AZZ CA LICENSE PI 4849 I have been retained by Mr. Paul Skitzke of the law firm of Williams, Berges and Sanford to secure information need to defend an action filed in the Orange County Superior Court. Plaintiff in this action claims injury on December 22, 1995 at 4:15 p.m. at the top of the rami leading down to the dock directly behind 2901 West Pacific Coast Highway, Newport Beach. I have been requested to secure copies of all permits/ certificates of occupancy and inspection reports relative to the construction of the ramp as well -as any alterations, modifications, subsequent inspections, etc. to same. In addition I must obtain copies of the building codes applicable to the construction of the ramp as well as any changes in the code which might be pertinent to the ramp as it exists today. I inspected the ramp and reviewed the building permits for the construction of the building located at this address from the City of Newport Beach Building and Planning Department offices on October 29. I did not find plans for the dock or ramp, nor did I find any permits pertaining to the ramp or dock. A member of the staff referred me to your office for further assistance. CONFIDENTIALITY PROTECTED BY THE CODE OF CIVIL PROCEDURE AND BUSINESS AND PROFESSIONS CODE Giorgia Noferini October 31, 1997 Page 2 v. Kawabe, USA, Inc., et al I enclose a copy of a letter to Vollmer -Gray Engineering Laboratories (certain items blacked out) from Mr. Skitzke and a memo of assignment from Mr. Ned Wolfe of Vollmer -Gray to me. I would like to set up an appointment with you to complete my research as soon as possible. You may telephone me at 562/691- 4832. very t ly you Hai 'ld W. Andel HWA:cja:lnb97.155 Enclosures ,:-)97 3:24P/1 FRO�.d WBS 818 7699632 P, 2 W i L L, i A M Z-3, 6 E R C,—A E r�5 & S A N F 0 RD ATTQRNF_',YS AT LAW 10,01,51ZW °saa9'3 DRIVE., SUITE *H C' "^F'w'onn N 0 R T �1 NOULYWOOD, CAkJFovqW1A M KALPAXIAN Me) V�M-rzm FAX cca;s) 71E&O-90,30. _WWAYNAN W, UMFJT August 26, 1997 VIA FACS11VULF, FAX NO—( 562) 432-1805 !\&'_ 1',Ted Wolfie, VOLLMER - GRAY 1403 West Gaylord Street, Long Bgach, California 9081. 3) Re: OrangeCounty Superior Court Case No.- 773299 Dear Mr. Wolfe: '?�Orlv_y F"Wq.L'x?'q5 JOAN AMM4NM�RAy'Jrg It has become extremely important that you Griew the scene ofthe accident as soon as possible. Upon. yoww sijtc visit, would you please havecommercial quality pbotogmphs taken, not only of the subject opening in the dock ramp, buf- also off" the general area to provide m overview for fhe Uri riers back East, The subjev accident oc.ourred on Dece.mber 22, 1995, at 4 15 p,m, It is, important fhat yorg time your visit to occur at a coi espondin g, tide level so that you would N.,,, abic., to estimate the size of the gal) in the rarnp. The acciderit occurred at the top landing, learilipb, down to fire docks at the tq_) joint for the rayrip- Tbe rear p is loovated ea, the Jobai Domiiiis,'Orivate Marina at 2901 West Pacitfic Coast Highwoy, Newpoil, Beach, Califoxmia 92663, Apparently, at fhis aft -es s diere, is an office,building and the ramp is directly behind the office buildin8 and will say either John,]Dombfis Marina or Private M&rina. If you are haVmg any trouble locating it -when VOLLMER-GRAY NGINEERING LABORATORIES 1403 W. Gaylord Street LONG BEACH, CALIFORNIA 90813 TO _T Qr ......................................... p S16NED ❑ PLEASE REPLY ❑ NO REPLY NECESSARY — -7 lX" V %, cuay quvbtxv s mgaramg Tnls, please feel tree to contact me at your convenience. Very truly yours, WILLLWS, BERGES & SANFORD PAUL J. SKITZKI PJS:Ia - NAME ADDRE }OAF PROPOSED FACILDa' ;- PERMMIT M .. f MAILING ADDRESS:' -" + :TELEPHONE`NOFEE KNO �' DATE ka AP ROVED BY:-- - DATE .� APPLIC TION 'IS 1FB�JY��M E O HARBOR PERMR TO 7 OCHD • - AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CRY OF - 1 ENGR - CD NEWPORT BEACH PERMIT POLICIES A. THE ATTTAACHED, DRA,WINGjf�Fj .:. - El y1w G-�{� . r>✓�S/`S "L+�y'K.. �4r/ COMPANY: COUNCIL - - WORKS .� _ DATED - PUBLIC DEPT. - - - - - - ESCROW DATE _ •� INSPECTIONEl SIGNATURE . - - 1 `SPECIAL CONDITIONS CITY OF NEWPORT BEACH CALIF - W%FORM 88-1010 d ( - y 'w V1, 1-6 CITY OF NEWPORT BEACH FINAL LETTER - COMPLETE TJ Q+ 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 WATERFRONT NEWPORT BEACH, LLC ATTN: ROBIN LOMBARDO 2901 W. COAST HWY, STE 200 NEWPORT BEACH, CA 92663 Dear Commercial Pier Permittee, Permit number: HC2004-052 Location : 2901 W COAST HWY Status: CLOSED 09/29/2004 12g-Z1a) 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. INSPECTION DATE COMMENTS CHRIS MILLER - HARBOR RESOURCES SUPERVISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page 1 of 1 I 0 Y A C H T C H A R T E R S (714) 646-7800 FAX: (714) 646-3760 I CATALINA ISLAND TOURS WEDDINGS ADMIRAL YACHT CHARTERS CHRISTMAS PARADE CORPORATE ENTERTAINMENT BIRTHDAYS SPECIAL EVENTS HARBOR CRUISE DEBRA SCHOONIMAKER PRESIDENT 2901 W. COAST HIGHWAY SUITE 180 NEWPORT BEACH, CA. 92663 (714) 646-7800 FAX: (714) 646-3760 - bod<s "E -13 f-4-. rboCA4t"Beam -7 3�� as ,6 = q'8 tat ourkant 4m - 1-7 t� I •7 (�-ow d L) `toe? nz� Dm� m O a0 Cn oo-o n C/)� o� M o -n �O M zc:>M Czz CSO =C -Irma mmm r z —=ao aoz m 0 o ox., � � D� m xy-,-�m--i—omoz m z>Om OZ MG) G) ZOKXMMMXM>--i O�OOOOy�C11cn VUi O� O0 —` W O (0 U) C 0 O U) 7 Cl) O U) M � n Cn m 'N m o ?< n is v ?v O zz WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION �� ,� :CITY OF NEWPORT BEACH �u:p;�* BUILDING DEPARTMENT T t-10DI CAC= DDIAI1D TVDC 1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. CITY � STATUE-, ZIP PHONE NO. ❑ 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT STATE LIC. NO. 2. DESCRIPTION OF WORK NEW ❑ ADD ❑ Check Appropriate Box ALTER ❑ DEMO ❑ USE # OF STORIES 11 2-°4 A VALUATION $ SQ FT (NEW/ADDED/EXTG) ❑ 3. OWNER'S NAME �j�, LAST �L� ��FIRST r- I �=J� '�� r � a ins Zig,^ OWNER'S ADDRESS 6 OWNER'S E-MAIL ADDRESS CITY � STATUE-, ZIP PHONE NO. ❑ 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'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 ZIP PHONE NO. ❑ 6. CONTRACTOR'S NAME ( �` /r USLNESS LIC._ � ` STATE LIC. No. `7q 2r� Class CONT TOR' ' ADD S } �/* CONTRACTOR'S E -M IL ADDRESS Cr?� STATE(,,,4 zw e?, PHOX OFFICE USE ONLY PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. PLAN CHECK FEE $ OCCUPANCY -GROUP PLAN CHECK ENG. . _...._._..n_.-rr.�.........� ...-�..-vim NAME a2c,10_ wal"17- MAILING ADDRESS APPROVED BY: DATE -. �I ❑ OCHD ❑ ENGR ❑., COUNCIL - jPUBLIC WORKS L DEPT.❑ - ESCROW INSPECTION El ADDRESS OF PROPOSED FACILITY PERMIT N TELEPH� FEE CHECK NO.. DAT[ APPLICATION IS HEREBY MADE FOR A HARBOR_P�IT T% CONS TRUCTIREVISE A AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF � NEW BEA H ERH ER IT���l/C/D THE A.TTA�DD�RjAWING BY. `� COMPANY DATED DA TE �v SIGNATURE 611� "ZI SPECIAL CONDITIONS: i CITY OF NEWPORT BEACH, CALIF. Wx FORM 6e-1010 Ci r Y ar- Nwi — aer 6,r•4c w Z¢� V14CI IV FTY' SKETCH' / " _ .� ldow•oavr t3wY Crag �coews� y '� f int 0 .� .�a.�ndiss�s me e�etsed �.�• fee/ Owd dsreofe o9yra1.� ba'/ow Mepq �a++►sr Gow Wo�r. Mornrww. nem• of H.I. !%ra9o> /.r7eg IN are &.100661-f'she :s . seckew of Newoo.f Bor .� /'"`a 1�� �/✓�LcjQ IN �Ll� diel ro% $' .� /6` ,S'� /B° S� /G� 9, r�-a gv► s � a i 4 Zt'��� y� Li V4 Y 1 � Z¢� V14CI IV FTY' SKETCH' / " _ .� ldow•oavr t3wY Crag �coews� y '� f int 0 .� .�a.�ndiss�s me e�etsed �.�• fee/ Owd dsreofe o9yra1.� ba'/ow Mepq �a++►sr Gow Wo�r. Mornrww. nem• of H.I. !%ra9o> /.r7eg IN are &.100661-f'she :s . seckew of Newoo.f Bor .� /'"`a 1�� �/✓�LcjQ IN �Ll� diel ro% $' .� /6` ,S'� /B° S� /G� 9, r�-a � tri✓. _ •� i`1r�1� m�;:: _. NTa �=_ s �•Z.^ .•.w: �t..t. '��� �! a' +r. a .t ��•y::ac.r � IP.ir � ar �. �..+i + -- � r . �o4L L T?, & 1 Z L c /G'A°t/Ts : t4/i++cewtt�'' e'•> ��i►�o L'� aT: — Bear, aYAJ7ie1 tea✓ 13 a!O s. s® Ackatirss: 290 S> aM�j, coArmAcroa. Mow AjAl f OA7P,C1 //7/g7 1 � j a ' } AL , � tri✓. _ •� i`1r�1� m�;:: _. NTa �=_ s �•Z.^ .•.w: �t..t. '��� �! a' +r. a .t ��•y::ac.r � IP.ir � ar �. �..+i + -- � r . �o4L L T?, & 1 Z L c /G'A°t/Ts : t4/i++cewtt�'' e'•> ��i►�o L'� aT: — Bear, aYAJ7ie1 tea✓ 13 a!O s. s® Ackatirss: 290 S> aM�j, coArmAcroa. Mow AjAl f OA7P,C1 //7/g7 CI I'Y OF NEIA L HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL THE RIGHTS GIM UNDER THIS PERM ARE PERMISSAM ONLY AND THIS PERMIT MAY. BE REVOKED BY THE CITY COUNCIL IN ACCORDANCE V M"w SIE #AI NC L CODE. 4u--Iz& / PERMIT NO. �KA C;u4sC'i i Z 4' 4171q� The--Ha'rbor-Pewmit for,this ,facility shall be conditioned ioned t.o.alla,berthing of one 90 foot max., length vessel. NAME - _ ADDRES. PROPOSED FACILITY PERMIT X MAILING.ADDRESS - •• ,., -TELEPHONE f10 - _ FE CHECK NO. 19 13 DATE ,APPROVED BY: - , DATE APPLICATION; IS HEREBY MADE FOR A'HARBOR PERMIT TO ❑ 'CONSTR' EVIS! OCHD AT THE ABOVE -LOCATION IN ACCORDANCE WITH THE CITY OF ENGR -NEWPORT BEACH PERMIT POLICES ANDS THE.ATTACHED DRAWING, - - - - - COUNCIL -6V ,COMPANY PUBLIC_ WORKS' ' DEPT. rr, - - - , .DATE DATED -. • — - { -AE �5 f: `"# �yO�fION SIGNATURE' Zk 00, , S S: x ` :.\ � o CITR OF NEWPORT BEACH, CALIF i wx FORM ee-toto yg l Marine Consulting & Design /� 9 D r",9 ; )V11VV ZaA D x�p4pL /c-_0 Ar o I-& z, chi' � 7'a r L - helivo 2 a,4 ,o r x tl� 70 4`796 ZZ� / 25.8 25 4117 F C y 1nAt,, \, c�a c�s No. 86i rn a• Exp�l.gfi Marine Consultiing & Design 1af y /V z c7 3s41 -6r 6 = /STD# �C l•s -L 7 2 Z/, F/,1A.j(,,`- eN N h = �Z6 / p= 31?44f?� 6 =/,- ` � 2,34 3 9Q.' 4t,� , Marine Consulting & Design JOtik� - /D I i /� ZS�� _ _ .x,17 /OGD X /, 8' K-17 X73 b z 2� 2 , 3 4� X 2 273. ; 3 ► `�� � OESSIO rn Sr of 9 161, Plj.L- l� Mo 14 Y44L Lo.#D �O 77 %' �c /VfD�I Cc:lJ r`• �/ M/fCL� �Y /¢ GJD.�fivi�''1.=c S/�/G= %T/1�: r �'l~= , � � f{= 7 -7 3'71 -� = S3 17 7 7 / 0 nf Es p�,q Cc* z Eli rn kx► `12-31-96 CT k" OF A N'4� /61'0 " /0 S rk.4/\!!, — 6'000 Pr l 4 P 2 0 70 I`l'61- /S /X 73 l 7 Y7 y e�� l 4�-7� 2 3 70 Z Z- 7(�- `i.- /,�' 7 /777 co of 9' X727-2-7 / G- lP ` '2-/ 2- 2-() ZD qo gyp; FS,Slpnj� �w0 tA S!�,��� w. ss1 0 Of7 At - 2 G Ll—ell 7 qLl z (0)f ESSIA M. No"867 rn 17,vn 12-31-96 m or c Aoi V-0 s z4 (" 7 7 J C'p f LA Z�BD 283q 27t I 2 Go 527 qq7 �q(q Llq���f o2 ! 3�C7 i 3S- 40 -7 7 q Z 3 2 v> rn Z c7 No rn cG br` �Jl ucl ���� \lF OF CA��FO PORT CITY OF NEWPORT BEACH v - = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C9Cl FpRN`P 611AVOV��, _/ a1 � March 28, 1994 Warren Francois, Kawabe U.S.A. Property Supervisor 9320 Wilshire Blvd., #203 Beverly Hills, Ca. 90212 Dear Mr. Francois: The City of Newport Beach Marine Department has received a complaint regarding a pier permit violation at 2901 West Coast Highway, Newport Beach, California. Specifically, the complaint is that there is a vessel berthed at the west boundary of the docks, that encroaches into the permit area of the adjoining property. A field inspection has revealed that there is a vessel berthed at that location and, due to the proximity of the adjoining property line, there should not be any vessel there without the consent of the owner of 3101 West Coast Highway since to access the slip requires a vessel to transverse into the adjoining permit area. Please relocate the above mentioned vessel as soon as possible to comply with the City's Harbor Permit Policies. Your cooperation is appreciated. Sincerely, Wes Armand cc: Jurek Pilek, Orca Yacht Charters 3300 Newport Boulevard, Newport Beach &4;7� #Wff4o /Z -f -1,P1 Ci r y cw Nkwoer B,rwcy I So 8 Slrc 8 ' _ p 0 1 / 4 ` C � . �ae �•�•M07 �f� Q D moose I' • � FF k u �� '~ FYI - t .� V Ct1 N .Ia ...c VICI IW TY SK E TC W`-=.. •A► Aory �... alIMOOAr dAY C/1t ��o�1i1A s !tl/p Ob �/ �d+�s art oKPeressad �� �ivri oad + oriwois .� a�ll.s be%w M�s� Lo.vtr Gowi Wo�r. Mor,.wvw. � VVV ___ ��� of >*ide o /rosiwrol.�Ir i0 Cyt .'ia�.bor /.i�os �nrl are sa>+ob/isbo��i+ /A:s . seetiow ofNawlkw l ao'. • �/�� Po.zT ria � � :�, Z Tb CoI L C_ / A.uT� ; Btu•, : e �.x s►.�t.'s �1�►,rfl L'� e T — Btnr, Q 72rAc1'I' 9/9 Ti?,e✓sten✓ AAos. ! : 2 `j o / '+> �''� s� .�► : s.,•s�,.+ f' AC rd,•: SAM O.As'd s / /B 7 0 INSURANCE JRF RKA TI0 - Workers! Compensation Declaration ..- 11 hereby affirm that I have a Certificate of Consent to self -insure, or a, Certificate of Workers' Compensation Ibsurance;j ora ,Certified :Copy thereof ..(Sec. 3800 LAB.C.) , Policy No. Company: Certified Copy is"tereby—furnished. Certified Copy is f i led, with Marine Dept. Date Applicant FOderal Longshoremen & Harbor Workers' insurance Declaration I hereby 'affirm that have a:Certificate pf:Insurance-for Longshoreman & Harbor Workers I6§Urance as required by Federal Law. ..Date, Applicant Certificate of Exemption,frolim.,Workers' Compensation Insurance/Federal Longshoremen and Harbor Workers' Insurance a I certify that in the.performande of the work for which this permit.,is, issued, shall not employ mploy any person in 'any manner -so as to'become subject to the Workers' Compensation Laws of California or adcral Longshoreman A.Harbor. Wor+,Zrs r nce Date Applicant; Note to Applicant: If, after making this cgrtificate'of:exemption, you should become subject to the Worker's Compensation provisions.of the Labor Code, or the Federal Longshoremen and Harbor Workers!,Act, yoqjnust forthwith comply with such provisions or this permit shall be, deemed revoked. I certify that I have read this appli6ation and state that the above information is correct. 1 agree to comply with all -City and:County ordfnances and State laws relating to building construction, and b'ereby. authdrize.)repreenta ,sti s this City to enter upon..the above� I I I enti-oned property fbr in:sp;ect�IG purposes..- Date Ze,) :Signature of pe-ftuittee Date HARBOR PERMIT CITY OF NEWPORT BEACH K.,;INE .DEPARTMENT, APPLICATION. FOR ,....RBOR PERMIT NO. .Site addresst � /��,,_?� ��� ��r ;• >, Owner ,. Tel ephonr� ��s�Z Z Owner Mailing Adc' ,ess 57pJ G �� Z� City & Zip Description of work,: New Revision .,�q aintenance Other :. Work to be done: OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from'the-corikractor' license, law because: (Sec.7031.5, Business and.P.rofessions Code) Any City or County which requires a permit to. construct, alter, improve, demolish, or repair any structure,. prior. -to its issuance, also re guires the applicant for such' permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law.(Chaper 9 (commencing with Section 7000) of Divisi-on 3:.ef 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 sub- jects the applicant to a civil penalty of.not more than five hundred dollars ($500). -I, a s owner of the property, or my employees with wages as their sole compensation, will d.o t� 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, pro vided� that such.improvements are not intended _or.offered•for sale. If, however, the building or improvement is sold within one year of compietion,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 Lor such projects wi-th a Contractor'(s) License pursuant to -the Contractor's License—Law). I am exempt under Sec. of Business and Professions Code for this reason: X-) ``Date. Z Contractor_ Address Owner Signature License Class State License No. Telephone City & Zip City License No. .LICENSED CONTRACTOR'S DECLARATION I hereby affirm that I am licensed.under pro'visions of Chapter 9. (commencing..with.Section 7000) of Division 3 of the Business and -Professions Code, and my license is in.fufil force and effect. Contractor signature Date CITY OF NEWPORT BEACH CITY OF NEWORT BEFCN Im NEWPORT ►,p \'telBRY VICINITY MAP rar+aar snr, alzmae 9 MY WEST JETTY PROFILE 1• = 40' EFsr JETTY SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEM LOWER LOW WATER. G 4 � IJET.�/��.s� C5<i � fD f�ors�s�T � O/C •►/c�ilv���li(�c��j /LG K�E7/L�II�!S PLAN VIBN 1' = 40' IRPRICANT'S NAME .-, oo" .. moi/ JOB ADDRESSAGA/ / i�11 DATE //� o9 0®r NAME - ADDRESS OF PROPOSED FACILITY - PERMIT N MAILING ADDRESS •- I, TELEPHOhJ FEE CHECK NO. r - APPROVED BY: - DATE_ "APPLICATION IS HEREBY MADE FOR A HARBOR. PERMIT TO � � � OCHD El- CONSTRUCT/REVISE A_ �•�N/ 0�� �j/�' ENGR ❑ AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF ❑ - NEWPORT BEACH PERMIT-POLICIES AND THE ATTACHED DRAWING COUNCIL BY l COMPANY I PUBLIC WORKS ❑ DATED DEPT. ❑ ' ESCROW DATE 1 � INSPECTION ❑ = SIGNATURE � SPECIAL CONDITIONS: CITY OF NEWPORT BEACH, CALIF. / - I WX FORM 68-7 � � 070 cOH N 13DMIN18Q Oen-1 werr nn.ew uin.,.,.... / �O � 4�/ Mr. Aden Bverroad License Supervisor City of Newport Beach 5800 Newport Blvd. Newport Beach, Ca., 95658-8918 , Subject: Parking Use Permit at the John Dominis Marina Building Dear, Mr. 8verroad 0 As of April 1,1999 we, John Domints Restaurant, have leased the third floor restaurant space for a period of no less than five (5) years. Pursuant to this, our Use Permit states that ALL parking in the John Dominis Marina Building reverts to our use EXCLUSIVELY atter 6100PM every evening. Thanking you for Your time and consideration, I remain. Very Truly Yours, George Rockootsedes Owner GIC: ry Clne r' 3 > a fiw�Y, L ° 4�z1 �/' ,91f� � e [C�.1 •) _.. S _ •t H •t:• �.'° F«Y�,,,� . � rr,�`` � r�ey�� d ai Xt%�Ce..J L I iY qp% A f r r4 YYi', ZOO : 4viv( r<" t J •f fl K `ro. +.Or is �*' C,_..-� •~ !�• >�/f. .moi /b� ' � �� - _- • ter- a �-* �� �.�- �'t•T . • .. . , ,�. � esprp�. 6AY .C+4tt�eRIWA may' jrnr:- .S'L•:n•�d..�ys Q•e'' e•�iat:trsevl ns fief o�i,�y " "ftr o� Armes below Msvq Lorvg Cow Wbs41s. JVlotrw�w.. nc:•+9,� of fids t�P/�roxi.wpf�Iy ./O �•� �o►`'./�Atsl'� asp ea�os�:sAv./ A. f�i�.:.sem/.a•, vf'�ei�' it a t ,s� ©N e Ond a7acC� I - l't NSC r,neGQ�a�'ef- ealGs 00e Ao, 73 brx� ; 45 41 ?^ 9 - J �t. f' :F. l � 1• .�iy eo \ L Tz fol LL F 4PAL./CA.vT� •�tiw:�;ores-�+•f.►.•r�U•va (,?� v — Bt.r Q '� X4/9 x 3 ,t. C�i1 ST ,<r'. a�� jr TTR.4✓7td-e�AN AST. a ° =/ �g .' Z 9 0 �• Caw Ac rbcs sr1 a WitS Sij CITY OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED To CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF AT THE SITE INDICATED, MACf TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LWW HEREON. THIS PERMIT 18 NOT TRANSFERABLE VATHIM THE WRITTEN CONSENT OF IN CITY HARBOR CoopMMM On CITY COUNCIL THE MGM GIVEN UNDER THIS PEINK ARE PERMISSIVE ONLY AND THIS PERMITMAY BE 'BY THE CITY COUNCIL IN ACCORDANCE W15TH 7 OF Tj UNCODE. CnY-MARBOR-GOORDINATUR 'q Ir z-,- PERMIT NO. DATE Az' A T 1: . ..... mpy Ci r Y av Nwo-pvoer &&.Acjw So B srrC O IO r . , ; •ate—__.... c` `��• ViCi 1 TY' SK E'Ec W`- ... Iwus �nr� u.. ' � ., r wJ a .. aas.v� dwY� Gc Ismews► � tsrry . ... -- �� �rMdiw9s a�►e' e,+�,a►esasd iw ><isf oid oriwoasb � oyr�.a blow Meoq Lo,vtr Cew t�/ofir. Mornww... maty& of fide opprox*wsoi+ly 10 4FOIt NorBop- eine esiablisAos do ><A:S , seojo.ftF oe vww.~1 Bor. 2 804-7 -3-4 e � .. 1 =30 STr� �cv%L s'Tr� � ro L . - I 1 1 x • r� - �o S7� �o4L • / G'A.vT : Bt.•.� ce;.re m.e+i Oe.*4 a Va o s' : '_ AS 40, 771TACTr %iQA✓ WffW AMs. .i s 2 `3 0 ;J• Co.1 S> ,�•: ; B„►s.,.+ it Ar sb,as: s.� a Krl, f t O~W.147 - [ i 1% -1 7')e' qvr NrjeoolvT f �'.4c,Av v q Ar bw eve aI` P v I1. p•� ��Iy a % O p�[QOA D k w rL4d p '; � 3s4dL?3��-• � 1 • .. p. � caw,.. ' • 1 1 - .. • Ce�•O/ � m4 rad / •• _ o wauf"Or DAY CA& acoam4rA y � Jtrrr ob •rAs�ba•%w Mco#f 4awor tom- Worry. A�Jorr...vo. o/ rida o pro>;rwap{ra✓y /0 va,, A .S'or�or /,iaQs 4 mare c�pobll'��sQ�4. �A�9.=+@C�ioy ofNcrvP,a.f Boy. 27- Js Tlt3'x a •– —rl. , Gie .�, a G�rE • I I .�. � � •'; 1 t 1 q t� �' 1 rr i � � � ! 1 � hli-► �. I pf � �t i a I I i: � f � E` � � ` . � �1• �•.+...� [� �. .t ..��+��'� •w .� -��'Y�..r �'w.a•� i e�•�, ate« I"'�'.i... r r 4.- rte . �� L • TT7 ('o t Z L. li p (•rr, � �l �- IC-PAorrAPA rrAcry 9/9 p ?4C�Re���: Z9o/ a f. C�.�S> ,ti:A�s�a.r1,A4L1rwf�,a/ 13,40-3. C rb A., SAnr ,N4rr7 - 0A7-Arf IT 7; it AND MAINTMN Y!"-` AT ViF 1--*'-'-." THE W`5 A AWr ANY 12; llra-# THE TZL AND :7 lie 4 17 PERMIT N�O, Y -'.1 S 7 - 7,: '. I A L C'O N" D, T' ON' S; Pan K fe IN p T e cs. Ns*po er- a r•,4ey 13i I w tea` QOI O It w A� ��rM a TQ O •tt4� D dp . des • ! t • .. _ p. � ems.,.. V CI .. / •• _ 3 0 �aw�asar Ebs►Y Creta l�oaw�s► } � Jsrrr '� o9r,� rJ• s� b c•/vw Me•oh` Lo w�'G o wi@ Wo �a�r. Mora.w.o. ' � iras.9�t of ride, o proxi..,nfo/y /O+/�Q•!t f.'orbor /i�Qy are as-tob/�9/l��a. �.o:.s , s��fio„r o{Na!✓�erf Bob. IU feA � s-- S?rJ t o L Aj :.B[A., cn �+rr. r-�•!. r ��o v� L ,� r : — ® G Ar, Q T,r.a cy— 9/ 9 3� : 2 9 a 1 !ter• C�,e s> .�► : �-+-�.TTeo ✓rw e -A✓ D A0 _. CaeirWAcrteAN. '5AiV r,4,t3- Z>,4 T-Xr 1/7/67 t t t 1 = t Vt ! F + o E: [_ •TTS C'o/ LL Aj :.B[A., cn �+rr. r-�•!. r ��o v� L ,� r : — ® G Ar, Q T,r.a cy— 9/ 9 3� : 2 9 a 1 !ter• C�,e s> .�► : �-+-�.TTeo ✓rw e -A✓ D A0 _. CaeirWAcrteAN. '5AiV r,4,t3- Z>,4 T-Xr 1/7/67 IT r MID ZU T A HEREOF, MA)WAIN T"IM 5 Or AT THE THE mfiu-il Awr ANY C -F`7 is M OT THE C1`9V' k RICMTS AND THIZ C IN 9 47- FE—RM117 N �0 DATE SrEVAL CONMIMONS: cck'p-s 011 Englnnv�.,m Phert-'A 0 ovoar Ci r r Nz*poer ar.4c y � So B s/rc t a,•n� 1 R 11 k1! �il �'��i�F----•�_ _r � rte@ - - _ , ♦ ' 1 r� A�� I �� STC. ��: I♦j��,. �7 __ 1D,2o�L VICfI�JtTY SKE'ECW = :.'$A,, Nawawr 6wY Gt lorom" s► A !gym �/ Sbfs�a3.ags cw* O.Wesaad in rovo and diwo/a easy► ria be%w Arcoo Lower tow WoArr. Woz&-c e , S gt of 0ide O p wx,?,wi io4p"r /O p" .yorbosr /five sa�'oN�i•As�o+ �A:s , stefiar. of Naw♦Pa.f Bob: ' ! t F �64- Tr, Z,I ZL / ♦4rVT :d'�.+•,�e�►��►...r�.,�Uva L'� eT: '— etAr. Q Tit.leTr9/9 ./ a 9 0 � ;J• CaA S� .�•• : s.,.t.,�+ r r.*A"vAc ro.o : sA ♦r G4h s J Ink '; it - 1 •T ! j ! � ;, 1 t ! � 4:. s b �64- Tr, Z,I ZL / ♦4rVT :d'�.+•,�e�►��►...r�.,�Uva L'� eT: '— etAr. Q Tit.leTr9/9 ./ a 9 0 � ;J• CaA S� .�•• : s.,.t.,�+ r r.*A"vAc ro.o : sA ♦r G4h s J BUYER'S NAME ADDRESS OF FACILITY: PERMIT # 2901 Pacific Coast Hay. CP12829011 Prot Incur o a MAILING ADDRESS P.O. Bog 2410 TELEPHONE NO.949 FEE CHECK NO. DATE Ne ort Beach, CA 92658 252-4520 326.00 269339 APPROVED BY. DATE APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT ❑ Kavmbe 'U S.A Inc Prot IACorl2orated OCHD SELLER'S-NAME(S) BUYER'S NAME(S) ENG ❑ (ABOVE NAMES TO BE TYPED) ❑ . ^3"�+,.`iI�L'1 ,COUNCIL PUBLIC WORKS ❑ �,��RT'SIGN ,..,... ' DEPT. .. ESCROW ❑ SIGNATURE OF SELLER �SdG TU3tE OF SUYE)2 INSPECTTION" {❑ SIG ATURE.OF JOINT O NE APPL I t } APP D (Dnr ❑ ARBOR I R SPECIAL CONDITIONS: THIS 'PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OR THE MUNICIPAL CODE d CITY OF NEWPORT BEACH CALIF. W X Font 661013 RM November 24,1998 John Burnham & Company P.O. Box 2410 Newport Beach, Ca 92658 Re: Pier Permit CP 12829011 Sirs: The City of Newport Beach Fire and Marine Department has concluded the inspection of the pier and docks bayward from 2901 West Coast Highway. The structures meet City Standards. The Harbor Permit will be transferred to Prot Incorporated. Also, this office has been asked to advise you that the facility is allowed to have liveaboards on the vessels at that location. If you need to discuss this matter further, please call 949-644-3043. Sincerely, e�l &//- vv� Wes Armand Fire and Marine Department Marine Environmental Management Page 1 of 1 SHORELINE ELECTRIC 24040-A CAMINO DEL AVION #248 DANA POINT CA. 92629 ST. LIC. # 567252 ORCA YACHT CHARTERS 2901 W. PCH SLAT # 220 NEWPORT BEACH, CA. 92663 ELECTRICAL CORRECTIONS 20 August, 19% INVOICE 3429 1. Install access plates and covers on all electric related items. 2. Check for appropriate grounding in all lighting and equipment boxes. 3. Remove receptacle and install GFI. 4. Strap off and repair conduit. Y LAW OFFICES OF TUE & WONG 631 SOUTH OLIVE STREET - SUITE 220 LOS ANGELES, CALIFORNIA 90014 TELEPHONE (213) 629-9200 TELECOPIER (213) 629-5645 VIA FIRST CLASS MAIL February 2, 1990 Marine Department City of Newport Beach P.O. Box 1768 Newport Beach, CA. 92658-8915 Dear Sirs: Enclosed please find the transfer of permit for the John Dominis Marina located at 2901 West Pacific Coast Highway, along with a check in the amount of Two Hundred Seventy Six Dollars ($276.00). This includes the $275.00 fee for transfer and a $1.00 fee for a copy of the drawing of the facility. If you need any additional information, please feel free to call me at (213) 629-9200. Thank you for your cooperation. Si ce ely, Robert Ng RDN/my Enclosure: cc: Rollin Wong SEW PCRT) 0 ,ql FORK -1 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 January 15, 1990 Rollan Wong Jue &Wong 631 So. Olive Blvd. Ste 220 Los Angeles, CA 90014 The City of Newport Beach has received an application to transfer Pier Permit 0128-2901 for the property located at 2901 West Coast Highway, Newport Beach. The structure was inspected on January 15, 1990, at which time it was determined that it conforms to City standards. Information only: One light fixture is broken off and needs replacing. When we have received the pier transfer card, signed by both the previous owner and the new owner, and the $275 transfer fee, we will transfer the pier permit. Sincerely, ----/ <491 Tony Me/lum Tidelands Administrator Al - 3300 Newport Boulevard, Newport Beach m a° 1(ml I Lit I RIVISIONS 6 -GA. SPIRAL SPACING pia. PVC Jet Tube W/ Steel Elbow and P a. At. oplral on 10® I,EJ. eirCle. 10 k" pla. $70 K $trend SRFCIFICATiONS CLASS CONrRETE CONCRETE; $TREW6TH_.,.,._..•..t'CM�000 P$I(�,Pa pays � 1 q) PILE SECTION ,._..... t°c�do00 Psi C Trap$for 9TRAND ,�10� D11. 170 K A. 6,1N. A-490 6PIRAL 09, A -E2 AREA OF STEEL Sq.ln, X 10 $trends w 1,63 $q. In. INITIAL FORCE/STRAND,._,_,._30,760 Ibe. x 10 Strand6v 307,600 lbs. PRESTRESS FORCE AT ANCHORAGE—_ ­307,600 Ibe, x .00 Max. Stress L066- 246,000 lbs. -i- 260 Sq. In.- 060 P.S.I. DRAWN FqK CHECKED - - - AUBURN, "A N'A W ILSONVILLE, OR PLEASANTON, CA CHANDLER, AR APPROVED EO:-:N0.9p— W1. �.,. ,; 1 G • X VARIESi PILE,SECTION ows;, Na. 07—PP- 1131 ARRANGEMENT & DETAIL scAtE None sHE11 TE I/c.0 E r`Y.^'` _ •• — ..r ••i. � .•- �!.•� „^ y1 �,: ��...!'.• .e-...— , �l•. •i: r. �: •Kj.• •�• '.. — •!: ..:. �•. 1• :'•f ..:4:.::5�.-a�"= •Y• :�'•:�i4..,; gib.• 1 '! . _ _:rte �t• •�.)..•hi,. �rG:✓ •iii•»$:�,Zi � '�a.ls.—•.-r ��.e��`.�+11: _1�• ��:�l.t�.i•-i i.. i • � �"_- ;• J• �•, Vie;• ;� :: `¢ '?'. j,. ?. �'�:_ _e .•.. •1�.•' �.�..�•y:.'i ••y?e ��,, �'. .. :'i�"y y.i, C"I ..j: /e-.!. .S. ty..�.;—�..• rag:e,'� .••yiy /- -..-..•- `_.A �wif �� _ices.. .•. "•i�Ivj' 1L)NS '.. ti ...r.,•..• - '_' =";:_ -" }} ' 1• =i Y' • �'- e _ ..r Vis:, `'' ej• •' � 't'. .� �i ••' .j � j_ ( 1' ': !�%+'-:'. . f''s' t � J�.�: -d1'.e�;. :•P•r.-s��=1 •� •"�tf J�•+'• Y� •j :�•`�' °:1• ' � t•_.•!•"�•'"�'•• 'fid• j2a,' - ►! ' :.l iir w:• "!�. `'r.. •:.Sr. .•i,• .:•.••t .°r e�.♦ i t••t•'°'•I•r i, t.��.•"`. . � ,+i: ••1'•. ie. •j'•?• e, •t. ".. • 14 t- tItI ' a'jck points v;�tv_., 71 1. rife` ;, c� r''!`�. '' i T►�T�t l�llt'r� t1�+in�^ii_j�i i. 5' 1/3 @ 3">;F;at:r,cc C 6 1/3 X11 �Ca 1•!-35sP1l;�:L 1•'1RE SP/!C7h'G .. 2" 1" Scl) . 200 jet tube k— (10 3/211 M v . Strand LEppcd :places in spiral .),e11 1-c )E:ppcd 80 wire d1pameters minJmum• Spiral. pile reAnforcements at 5p1 i ec'st rind rt ends shall be terminated by a 135° Uith 6" tail hooked around a lc,l��ril.udlnt'l t,�:r .or tit.rand• `i 8" Uci aeon C L:: ..--------__ Comrnerci.ril ' QTY LENGTH ti t))):----_-------_- cwr- 8116:3-5 (C'1:ii;EiL S7►:r_i:iTt,-------- r'cc60'01-ii'( trunifer I i Cr 11 00ops i f, -,'ti dors rTFt? I;:i--- •-_------------. 2701( rPTRAL------------------- W3. 5 f.F,rc, tjr ----------_ lG:: ,15.3 ~ Z•YHBS4 . lig• latus PURGE YC F; 32,`;00 � )1;?7:;,1 rir;r:Llf•ll;�.t,'i,-_-.. .75 (270) - 3011 loss x 2,448- 472,3111 $ Z 13• =/576rfr. Pres�.rc:; r•1 i ,✓Lw \ 31 d � I N d. ' � I � r ! � a� .spaa/iep� O � i. w •� p Q� CAP R TQ YwaQp� D „� � / K.. rC► n.erD V ICI Rug I T SKETCH z e~ f �� Sb�t�•rd• s ars , .,,/� '''•9 m�esacd in r�sPi and dewo/a; ~11e4.7 bQ/ow Afco,? LawQr Go•v N ^O7S7R of Aida O proxiwub�sly /O:�Q-r( .S'arbor /iaCi are am>'ob�a'�Ao�ae ><A:s .sec/fav o¢'Nawo~ll Boy. e Wet S%r� L, e --,L G)ea� iz i � 4 t l I I � i �• r .� t g: ' I 1 •' j R •I ! ! I 'i rn � ! f" t �' .. i I I I I i 3 .I � t� t: �• � t� t • ,� ' � •�, I � � 4 1. I ! �. .� - `��t '► � �- j � � � . r ' e z• 4' 1 t 1 .��•.� � ice• �� ..� ten• -JY _ • i f��_.Y�d.�= •'• .. J „. 1�..� ..• ��.�� \� • :�r:..�.1•� r 1 L 77� cn i z L t Q 7RAC7-9/9 7"RA✓7Zc/E��/ A,�3. oAorrWA C Bil a► t -Ai r y 0. 7-er i P77�11T �'-,UrT AMC ?A A N T A.., 1'!"7 AT To AHr r,7; ANY !:P' is THE RIC,HTS AND IN ACCG-PVP----L PEiFM-IT NO. DATE c9c) 14 0 'Ale 16 oe_= jw- J aw Am ' �.-�.r...�.,�,,,,,� Amb _ �bAr Q O IIt�1�A •..D � 4CP :Z;-4AIZKL i Aoe f )Oe e - SK lan"'Mew . r room"• AX 'Atwoor "Wor 4*w bwbjo =2 �..wioho, ,t/�;.� Po zT ,3� ?� �Jofri 1 *Ve, DN GM 's amd affacki Ao cx14 A I- r -fo ' b -role's a-% AW 75 L Air, -j \z#* e^ o -,,a IL e. WF TA&&*Wr*l BADS. =ego April 6, 1989 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Marine Department Mr. Damian C. "Chris" O'Leary COAST YACHT BROKERS 2901 W. Coast Highway, Suite 180 Newport Beach, CA 92663 Dear Mr. O'Leary: Based on the attached letter from the Blanco Investment and Land, LTD., the Marine Department has suspended the issuance of Charter Permits for your company until further notice. Please contact me if you have any questions regarding this matter. You can reach me by calling (714) 673-1761. Sincerely, Wes Armand Harbor Inspector WA: Ia cc: Tony Melum, Tidelands Administrator Glen Everroad, License Supervisor 3300 Newport Boulevard, Newport Beach B.IRLE"L! 81ANCO INVESTMENTS i LAND, LTD. April 5, 1989 Mr. Damian C. "Chris" O'Leary COAST YACHT BROKERS 2901 W. Coast Highway, Suite 130 Newport Beaceh, Ca. 92663 Dear Chris: I Re: Commercial Use of Boat Slips at the John Dominis.Marina To date we have not received the signed Pumpout Station Agreement dated 3/28/39 or deposit check for $6,000.00 from you. There- fore, we have come to the decision that we must rescind all commercial boat use at the John Dominis Marina in order to comply with recent City of Newport Beach regulations. Please notify your associates and sublessees of this immediate change in policy which is to remain in Pffect until the City requirements are satisfied. Please contact me at (714) 855-0311 if you should have any ques- tions. S' rely, Robert B. Grable RBG/sp cc: Mr. Tony Melum/City of Newport Beach Mr. Wes Armand/City of Newport Beach Mr. William T. White, III Mr. Jeffrey A. Little Mr. George Kookootsedes Mr. D. G. Anderson P. 0. xM 1. = IRC=1 CEI,IFOR1P1a 92650 17141055-0311 (7141770-9661 I i■ L■ L■ BLANCO INVESTMENTS & LAND, LTD. January 19, 1989 Mr. Tony Melum Tidelands Administrator CITY OF NEWPORT BEACH P. 0. BOX 1768 Newport Beach, Ca. 92658-8915 Dear Tony: Re: John Dominis Marina - Installation of Pumpout Station 2901 W. Coast Highway Newport Beach, Ca. 92663 Thank _you for meeting with us on January 16, 1989. We intend to proceed with the city -required pumpout station as soon as we get more detailed information and specifications from Wes Armand of your office. We have already spoken with another marina in the harbor who has agreed to provide us with the names of contractors who are qualified to perform this work. Sinc rely, Robert Grable RBG/sp cc: WTWIII/DGA/JAL Jim Hewicker/City of Newport Beach David Harshbarger/City of Newport Beach Chris O'Leary/Coast Yacht Brokers R 0. BOX 1, EAST IRVINE, CALIFORNIA 02660 (7141005-0311 (4141770-0601 ePHN MMINI6 2901 WEST COAST HIGHWAY NEWPORT BEACH, CA. 92663 (714) 650-5112 December 6, 1988 City Hall City of Newport Beach Marine Division 3300 Newport Blvd. Newport Beach, CA 92663 Attention: Tony Melum Re: Regulating of parking lot at 2901 W. Coast Hwy, Newport Beach. ;01!4 �2 zed We are having difficulty regulating the parking lot of John Dominis Marina and Restaurant due to the unauthorized use by persons attending chartered boat parties. I have enclosed two flyers that we discovered were circulated to persons that attempted to park in our lot in order to attend such a charter. These flyers were unknown to us and certainly were not authorized. We would appreciate any help that you and your department can offer to remedy this problem that may continue in the future. Respectfully, George Kookootsedes General Manager, John Dominis Restaurant c.c.: Coast Yacht Brokers Newport Valet -N- Limo 714-751-17'24 bm 614346 -?604 Bm Palm c5prin8a AA AS f IE IP S lO U N ID S Themed EvenE Specialists Alasterfu I Audio / Props & Decor Visual IEntertainment 19301's - Present DIRECTIONS TO CHRIFTM.AS PARTY `;:�I,VOlEGO ��rl�yy��. DERCffi o � : . v �F 150° CI FIC ` ,d.. •\ PICK YL444640%^ .* " Al vz 4 *-, a 0 e4o&* r YOU NEED TO BE THERE AT 6:00 P.M. AND WHEN PARKING TELL THEM YOUR WITH FAR WEST ROOFING. YOU WILL WANT TO END UP ON THE 55 FREEWAY GOING SOUTH_ YOU CAN CATCH THE 55 FREEWAY FROM THE 5,57 IS 91 FREEWAYS. TAKE THE 55(S) UNTIL THE FREEWAY ENDS WHICH WILL BE NEWPORT .BLVD. TAKE NEWPORT BLVD. ABOUT 3 MILES TO 17TH STREET MAKE A RIGHT. TAKE 17TH TO FIRST LIGHT WHICH IS SUPERIOR MAKE A LEFT. TAKE SUPERIOR ABOUT 3 MILES TO. PACIFIC COAST HIGHWAY MAKE A DEFT. THE RESTAURANT NAME IS'.'JOHN' DOMINIS• THE YACHT 'NAME THE: 'LOVELY.. LADY.'. JOHN DOMINIS. AT 2901 WEST COAST HIGHWAY, PHONE # 650-5112. EVERYONE CAN VALET THERE CAR FREE OF CHARGE. JOHN DOMINIS IS ON RIGHT SIDE NEXT TO THE CHARTHOUSE AND VILLA NOVA RESTAURANTS. We Spin. You Grin Since 1977 XX)5 W. Ndhou Bbd. &Lc 188 Ncepod Bmk CA 92663 �A60910" Zr • -* VdA'l`d IACAMIN a ~ wo b . 'I t b F..A Q 4cp N r DA,TED: 06-14-88 TO: MR. -NELSON WHEELER RE: ARRANGEMENTS FOR BALBOA YACHT CHARTERS DEAR MR. WHEELER: I WANTED TO TAKE THIS OPPORTUNITY TO WELCOME YOU TO OUR FACILITIES HERE AT JOHN DOMINIS FOR YOUR ENGAGEMENT ON THE 28, AUGUST, 1988 FROM 6:OOPM TO 9:OOPM. YOUR.BOARDING FEE OF $200.00 WILL ACCOMMODATE YOUR GUESTS PARKING TO 20 CARS AT THE FACILITY, WHICH IS HEREBY CONFIRMED BY THIS WRITING. IF THERE IS ANYTHING WE CAN DO TO BE OF SERVICE TO YOU OR MIKE SCHROFF, YOUR AGENT, FEEL FREE-TO.CALL ME.,AT THE NUMBER LISTED BELOW. THANK YOU FOR YOUR INTEREST IN THE FACILITIES HERE AT JOHN DOMINIS.. BEST REGARDS, COAST YACHT BROKERS BY: C�� -, - G,k� -Fz DAMIAN C. O'LEARY, OW /BROKER CC: BALBOA YACHT CHARTERS ly-m . 5�/� 2901 W. Coast Highway, Suite 180 0 Newport Beach, CA 92663 • (714) 646-0239 FAX (714) 646-5267 CITY OF NEWPORT BEACH Marine Department January 15, 1988 TO: CITY CLERK d FROM: Marine Department SUBJECT: AGENDA ITEM FOR CITY COUNCIL MEETING OF JANUARY 25, 1988 Ply -ase include the following item on the agenda for the City Council meeting of January25, 1988: 1, A report from the Marine Department regarding Harbor Permit 218-2901 by Harbor Lights Hui to revise the commercial docks bayward of 2901 Pacific Coast Highway. Action: If desired, approve the request, subject to the conditions of approval listed in the Staff Report. Tony Melum Tidelands Administrator I NA E - - ADDRESS OF PROPOSED FACILITY PERMIT r DDRESS 2r+�gc11vB1IL y�cN3� '6�, 7ELEPH ..'NO. FEE y CHEC NO DATE �� x �7 sY9 - %APP BY: DATE APPLICATION IS HEREBY MADE FOR A, HARBOR PERMIT TO 1 �ok�� L- bbLK EIREVISER OCHD AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF -DRAWING ENGR NEWPORT/11f'-{Q/111BEACH PERMIT POLICIES AND THE ATTACHED ❑ .'1'TW�'_�'�'""�+' 7' �"f1IJ V.I /moi COMPANY BY' COUNCIL 'PUBLIC WORKS ❑ DEPT. DATED ❑ DATE -ESCROW - - INSPECTION �.- SIGNATURE. El . El - SPECIAL CONDITIONS: i 1 ' wx FORM ee.tolo CITY OF NEWPORT BEACH. CALIF. ( W 23 December 1987 Hornblower Yachts of Newport Beach, Inc. P.O. Box 1779 Newport Beach, CA 92663 (714) 549-8866 Tony Melum City of Newport Beach Marine Department Newport Beach, Ca 92663 Dear Tony, Attached are forty (40) copies of my proposed reconfiguration of the John Dominis marina. Although this proposed marina design will be included in my permit application package, I want to give you the opportunity to get started on the required approval process. As we discussed some time ago, all of the design work has been done by Skip Hornbywant to be sure to use an architect which you guys trust. \ Please le me know if you have any questions. G6 refal Manager Hornblower Yachts of Newport Beach, Inc. cc: Jack Gaal, Blanco Investments & Land, Ltd. SAN FRANCISCO 0 NEWPORT BEACH 0 SAN DIEGO WATERFRONT CONSTRUCTION City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Attn: Tony Melum - Marine Department Re: John Dominis Marina Dear Tony: �z� z��C 241 Newport Boulevard Newport Beac , Telephone (714) 673-1960 Contractors License No. 451559 November 24, 1987 Enclosed is a copy of the letter from Jack Gaal inquiring about the extended property line between John Dominis and Lancer's Landing. Please give me a call and let me know what you find. Sincerely, TRAUTWEIN BROTHERS WATERFRONT C RUCTION ------------- -- ------ Samuel F. Kniss Be T 0 loin BLANCO A60=NTS L LEND, in. November 18, 1987 Mr. Sam Kniss Trautwein Brothers Waterfront Construction 2410 Newport Boulevard Newport Beach, CA 92663 Dear Sam: Re: John Dominis Marina - Property Line Have you had any response from Tony Melum regard- inc the property line and the John Dominis/Lancer Landing waterway issue? Please give me a jingle so that we can discuss this matter. Thanking you in advance for your cooperation. Regards, �^ ITack Gaal %;JG/sp cc: William T. White, III D. G. Anderson WATERFRONT CONSTRUCTION Tony Melum % City Hall 3300 Newport. Blvd. Newport Beach, CA 92663 Re: John Dominis wharfage area. Dear Tony: 2410 Newport Boulevard Newport Beach, California 92663-3798 Telephone (714) 673-1960 Contractors License No. 451559 October 5, 19$7 The owners of the above referenced have been told (by some- one) that their projected property line should be perpendi- cular to the pierhead line. When I laid out the docks (copy enclosed) I used a straight projection of the property,line which ends up as a diagonal to the pierhead.line. Since Lancer Landing dock layout, I think should be resolved.. Thanks in advance. Sincerely, is considering- a major change in their a clarification of.the wharfage areas TRAUTWEIN BROTHERS WATERFRONT CONSTRUCTION Samuel.F. Kniss Cl T Y T ✓SAf PORr &'rl4cM 16 me :. .. 7Y,i e �L�. �"� V tea( .p E: .•, N. _ry :,� --*Rr 9wy ,Qat �snatwa { " lrrrr Sc nnd�..ys a o' mr4weosed as ;ie,� OOS&A w+ofP a..-;n•r�s Below MQ,Qq town Lo.✓ L.ibl�txA9drl+wcisw �•+ye of �ia/e aP/ro�...wo�./y .�o � fidar�•$� /.i��9 a•-e e.7foN1'sh�dof•Nei✓f fd Fiv lae aich -"o x 5 tVs -30, 7 er pned�la f-e e- 3 bre I -- G o[- :;': t £,wrs ; B.c.+.�:n;•.r •.r* !Uv0 (, o J CSA sT 4'• s,.+r ✓�►� ,abs. CITY OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY DOW ON THE REVERSE HEREOF, AT THE SITE INDICATED, MACY TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITMff THE WRITTEN CONSENT OF THE CITY HARBOR COORDOMM OR CITY COUNCIL THE RIGHTS GIVEN UNDER THIS PEftff ARE PERMISSIVE ONLY AND THIS PERMIT MAY BE REYMED BY THE CITY COUNCIL IN ACCORDANCE ;Wff>H7Aln7 OF UNI ft COOL crtV AaW*;C00ADINATOR a /r V-� 2L-? 2�,- PERMIT NO. DATE (ior U" N .-A(K . . . . . . . . . . . Di /✓d .� 3 �' � a -'t... ,+ ,r_ EL�G:r r''UC..,. ADX (,r Sf/lr�X . !�� S�a!+.s.�iit-�--J Z 90 A J T7 c <LAt 7 _ Y X 2r <; 2 Tfswd �:--• tt Uz/Crams �Ty.[Jp _ - G'/STe !/z Pv4c /4 ' � �SToceu4,uD x UTr c tr-� s+i} o ' ! Z 7.3 ' 3 0 A /zS v t 9n I �0� 1LS/2�SV i i -I Al 65- rr ToTfL / �ftec er^ _ �• Z rrC'Op�S�(T:�%![�C[ � / /Z � �j/r , r� � � r°",;:�,1� .�._--�.►..'�atf-�.��" r�+4� ' .. O Cl no, as. Nr*poer 6E•4cv 2 JVL=YV A` /?G LOCATL�O �� � �"��• R • WILL=NG-l� F/NGr-�e � N e. • 11.0 i4q e (� 1 � 1 INI�• r':...�.r. •,Y� 117 `..�� UQD r rOM I I 11 G�ir,wl LA VICINITY SKETCH ftsorAnrr 3 tame SLG'%/UN Nrwo-sar. SAY, CftIeoff" / --70 Sound••+ s o.& �� ALL �2L= V/$/Q//S TO ^/!/a TCH d,P OA s 9 60/ow Mesae 109vor'C •. u&otir. Merji s"A" L'X/ST/NG CO/VST�rJCT/ON. ron9� or 6'ee /e def Norho /,ries �4GL ANCH0�2 P/GG S TO 6L= ore evioPtghodf M /his s�.cfre� efNe,vPw/ eek; p2G-'STipCSSL'P C4�tlG�PCTC O,e STL EG P/aL' , 0� ZJ ? Jo�v�l ,(dor 1"15' R sr,�R,4ivr y v .I� A /SITWG 00C/� I I I II it I `� i t I I I I I 2O" WZCZ-_N 4 X/ST/A/G 1=11,1667,e U N�,F'pv�'�o �2L�VIOYL= L= X/ST/NG F/NGG � As G TitAer 9/9 ss 1 Ce vrAPAC ro,* o,, rE Ci T Y o.' 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Caws ys •+ : SA v 4111 CT OA Td: /171,9 7 OF NEWPORT "BEACH HAR 3+9 7� Pr"RMIT PIERMISSIO,N IF, TO AN MAMTAIN AT THE :rt di M'Y Spi; NOT ME ca 77,H -S s3vat%l 'i:T—S JPJ ACCG&IDANCE VV i7 VH,8 u 5 .5 - -- -------- T t7 fy Cyl -4: e- P.O. BOX 580278 TULSA, OK'74158 (�18) 834-4405 STACON CORPORATION 'rt ;. June 4, 1985 Joseph H. Lancor Architects, Inc. Walter G. Lim Associate 853 Camino Del Mar Del Mar, California 92014 RESPOND TO: 12391 SAMPSON AVE., UNIT K RIVERSIDE, CA 92503 (714) 734-1540 0 4 P '�z A'� Attention: Mr. Greg Castle Subject: Subsidence with Relation to Temporary Dewatering Reference: John Dominis Restaurant, Newport Beach Gentlemen: ❑ P.O. BOX 1443 FAIR OAKS, CA 95628 (916) 635-4594 At the request of Mr. Bill Taylor of DAVCON INC., we are sending you our comments regarding subsidence with relation to our proposed temporary dewatering system. Based upon structural design data received from DAVCON personnel, we designed a temporary dewatering system to lower the groundwater level within the shored excavation to approximately elevation - 11 feet at the center point. We anticipate that approximately this same groundwater elevation will also be maintained immediately outside the sheet pile shoring adjacent to Pacific Coast Highway and will rise from this point to its static elevation at the circular recharging boundary. An exact determination of the fractional portion of an inch of subsidence, as mentioned in the soils engineering report, that may or may not occur as a result of operation of the temporary dewatering system is beyond the scope of our work. We included with our proposed dewatering system three (3) monitoring wells, and a valve control for each dewatering well. The monitoring wells would allow DAVCON personnel to accurately measure water levels at any time, within the excavation or adjacent to Pacific Coast Highway. The valve system would allow reduction in the pumping rate at each well location so as to control excessive lowering of groundwater levels. We hope this information is helpful to you. Should you have any questions, or require additional information, please contact me. Sincerely, Mark Mugridge Branch Manager MM: jI California Contractor's License # 120165 ��� ice- �P�/��� i Q ��W POR CITY 01� NEW PORT BEACH April 26, 1985 J.R. Investment Co. 2901 West Coast Highway Newport.Beach, CA 92660 Dear Sir: The City of Newport Beach has received an application to transfer pier permit # 128-2901 f6r the property located at 2901,West Coast Highway Newport Beach, California. The structure was inspected on 4/25/85 at which time it was determined that.the following deficiencies exist: 1. Anti -syphon device (back-flow preventive) is needed at dock water connection. 2. 3. 4. 5. In accordance with Section 10-D of the City Harbor Permit Policies: "All structural deficiencies must be corrected......", it will be necessary for these to be corrected. A permit for any electrical or plumbing work must be obtained from the Building Department.of the City. All other work requires a Harbor Permit. Please advise this department when the above deficiencies have been corrected. Another inspection will be made, and if the deficiency is solved; it will _ then be possible to transfer the pier to the new owner. If you have any questions, please contact me at 644-3044. Thank you for your cooperation. Sincerely, Tony Me1�Sm, Tidelands Administrator Oiv I hil - 3300 \cwpm-t lio�ulev-m-d. Nc•wpoi't Beach. ('alliin -111.1 9126,163 LOCATION STATUS SHEET HARBOR PERMIT TRANSFER d / �% (�9ee4 r a �r7 PERMIT NO. Seller J-,,� Buyer ZrI Date Application Received: y- Z Z-- Date Fee Received: Request for Inspection made by: Escrow Co. Date Escrow Officer Escrow No. Address Date Inspection made: q- 2'�— 06 -- Phone: Deficiency Letter sent: Deficiency corrected: Transfer completed: Date —!4 "&:!L' Inspection: 1. Location 2901 0, 2. Pl.umbi ng :Vv 3. Electrical: C/ v 4. Structural: S , REMARKS: Inspected by: UYERS' NAME BE ADDRESS OF FACILITY: PERMIT s 9 p / CHsr..:d NO. DATE MAILING ADDRESS— TELEPHONE NO. FEE j APPROVED BY: DATE ._ ., ` APPLICATION I.S HEREBY MADE TO TRANSFER HARBOR PERMIT $ELCERS NAMES) BUYERS' NAME(S) j11i ENG (A90VE NAMES TO BE TYPED) - COUNCIL _ - tURS1GNAC: OF _SELLER, SIGN ATURE OF BUYER - -_ ` PUBLIC WORKS . DEPT: ESCROW SIGNATURE OF SELLER - _ SIGNATURE,OF BUYER'"-- ++ INSPECTION SIGNATURE OF JOINT OWNER APPLICATION APPROVED (DATE) I CITY HARBOR COORDINATOR BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE CODE. I OF THE MUNICIPAL r' I i t - CITY OF NEWPORT BEACH. CALIF. WX FORM �a-�o�a aev, 1 _ - - - — ti, ADDRESS OF FACILITY: PERMIT BUYERS' NAMES) J MAILING ADDRESS TELEPHONE NO. FEE CHECK N0. DATE �- bio". .. � lle I " . ( IAs APPROVED BY: DATE APPLICATION IS. HEREBY MADE TO TRANSFER HARBOR PERMIT OCHD SELLERS' NAME(S) BUYERS' NAMES) €NG (ABOVE NAMES TO BE TYPED) COUNCm r+ SIGNATURE F SELLER SIGNATURE OF BUYER ' PUBLIC WORKS Q a F DEP.T._- kr ESCROW El S GNATURE OF SELLER/ SIGNATURE OF BUYER +. "�. �. INSPECTION � � k: SIGNATURE OF JOINT OWNER APPCIC ION APPR ' ED (DATE) a� CITY HARBO C00 INATOR SPECIAL COA(DITIONS:.THIS PERMIT IS REVOCABLE`BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 d OF THE MUNICIPAL CODE. 4 CITY OF NEWPORT BEACH. CALIF. wx FORM 66.2013 Rxv. w 0 ALLEN, MATKINS, LECK, GAMBLE & MALLORY ATTORNEYS AT LAW A PARTNERSHIP OF PROFESSIONAL CORPORATIONS 3 CIVIC PLAZA, SUITE 250 NEWPORT BEACH CALIFORNIA 92660-5999 LOS ANGELES OFFICE ' 515 SOUTH FIGUEROA STREET, EIGHTH FLOOR TELEPHONE (714) 640-9900 LOS ANGELES, CALIFORNIA 90071-3398 TELECOPIER NO. (714) 640-2438 TELEPHONE (213) 622-5555 TELEX NO. 68-6228 AMLGM LSA February 22, 1985 TELECOPIER (213) 620-8816 Mr. Tony Melum Marine Department 70 Newport Pier Newport Beach, CA 92660 Re: Harbor Permit 128-2901 Dear Tony: 10960 WILSHIRE BOULEVARD, SUITE 422 LOS ANGELES, CALIFORNIA 90024-3860 TELEPHONE (213) 477-3581 AULly-UU2 Pursuant to our telephone conversation of this afternoon, please find enclosed with this letter a "card" Application to Transfer Harbor Permit for the above refer- enced Harbor Permit, together with a check in the amount of $230, payable to the City of Newport Beach. Please note that the Buyer is Harbor Lights Hui, a California general partnership, and that William T. White, III is a general partner thereof. Please also note that although Rosan, Inc. is shown on your records as the current permittee, 2901 West Pacific Coast Highway has, for the past several years, been owned by J. R. Investment Co. Thus, the enclosed Transfer Application specifies J. R. Investment Co. as the "Seller". If you have any questions with respect to the LAW OFFICES ALLEN, MATKINs, LECK, GAMBLE & MALLORY A PARTNERSHIP OF PROFESSIONAL CORPORATIONS Page Two Mr. Tony Melum February 21, 1985 above, or if I can otherwise be of assistance, please do not hesitate to call me. SJG/p Enclosure cc: Mr. D. G. Anderson Mr. William T. White, III Mr. Jack Gaal (w/enclosure) Frederick L. Allen, Esq. John C. Gamble, Esq. Michael F. Sfregola, Esq. WE TRANSMIT: (X) herewith ( ) under separate cover via ( ) in accordance with your request FOR YOUR: ( ) approval ( ) distribution to parties (X) review & comment ( ) record ( ) use ( ) THE FOLLOWING: JOSEPH H LANCOR ARCHITECTS INC JOSEPH H LANCOR WALTER G LIM LETTER OF TRANSMITTAL DATE: Jan. 23, 1985 TO: Harbor Department City of Newport Beach ATTENTION: Tony Mellum PROJECT: John Dominis 2901 W. Coast Hwy. ( ) information (X) Drawings ( ) Shop Drawing Prints ( ) Specifications ( ) Shop Drawing Reproducibles ( ) Change Order ( ) Samples ( ) Product Literature Copies Date Description 1 set Plans for demolition, grading,and seawall construction REMARKS: cc zz by Castle Project Architect 853 CAMINO DEL MAR DEL MAR CALIFORNIA 92014 TELEPHONE 714755-0155 "OUTLINE" SPECIFICATIONS FOR DEMOLITION AND GRADING 2901 W. COAST HWY. NEWPORT BEACH CA. JOSEPH H LANCOR ARCHITECTS INC. 853 CAMINO DEL MAR 92014 DECEMBER, 1984 SECTION 1-A DEMOLITION AND SITE PREPARATION 1. GENERAL The General Conditions and Special Conditions form an integral part of this section. 2. SCOPE A. Provide all labor, materials, equipment, and appliances required to perform all demolition and site preparation shown on the drawings, specified herein, or required to complete the project. B. General Requirements. Demolition and removal of existing structures, complete, including foundations and foot- ings. Disconnection, capping, and removal of all utility services: Electrical and telephone shall be disconnected at panel boards where possible, others at their point of distri- bution to the site. C. Special Requirements. Existing concrete pad shall remain intact as a work platform for equipment installing the new bulkhead and driving sheet piles. Upon completion of this work, slab is to be removed and balance of demolition work performed. 3. REQUIREMENTS A. Examination of Site. It shall be the responsibility of the Contractor to examine the site and determine for himself the exact existing conditions, character, and extent of demoli- tion work, and the miscellaneous construction operations prior to submission of his bid. B. Salvage. Except as otherwise noted on the drawings, any and all salvaged materials shall become the property and responsibility of the Contractor, and shall be removed from the site at Contractor's expense. The salvage value of the items, if any, shall be reflected in the bid price. C. Barricades. Provide, erect,and maintain barricades and lights as noted on drawings and as required to protect life and property. D. Debris. All debris, trash, and rubbish resulting from the work of this section shall be removed from the site and disposed of in a legal disposal area at no additional cost to the owner. E. Storage and Stockpiling. Storage and Stockpiling of materials to be removed .from the site shall be temporary, and shall be properly removed. 4. UTILITIES A. Disconnect or arrange for disconnection of all utili- ties to the site. This shall include electricity, telephone, gas, water, sewer, heating, ventilating, and air-conditioning. All such work shall be performed in accordance with the regu- lations of the utilities concerned. The Contractor shall con- sult with Local Authorities having jurisdiction and the Local Utilities Utility Companies as to method and obtain their approval. B. Relocation. Any overhead wire -s.. traversing. ar_._adja- cent to the site shall be relocated underground. C. Utility Protection. Preserve in operating condition for distribution during construction, all utilities required during the construction phase. 5. WORKMANSHIP A. General. The Contractor shall at all times employ such materials,—tools, equipment, facilities, and labor as will be sufficient in the opinion of the Architect to complete the work without unnecessary delays. B. Dust Control. Accumulation of rubbish and debris will not be permitted. Sprinkle rubbish and debris during loading operations to reduce the amount of dust. C. Streets, Walks, and Public Thoroughfares adjacent to the site shall be kept clean and shall be swept as required to maintain a neat and clean condition at all times. D. Traffic Interference. Conduct operations with a minimum of interference to street traffic as required by CALTRANS. E. Hazards resulting from demolition operations shall be properly fenced and posted until the hazard is eliminated. 6. CLEAN-UP At the completion of the work of this section, remove all debris, trash, rubbish, and surplus materials resulting from the work of this section from the site and leave the site and adjacent streets and private property in a clean condition. SECTION 2-B EARTHWORK 1. GENERAL The General Conditions and Special Conditions form an integral part of this section. 2. SCOPE A. Provide all labor, materials, equipment, and appliances required of perform all earthwork, grading, excavation, fill- ing, back -filling, importation of fill material, and compac- tion as shown, specified, and required to complete the pro- ject. B. General Conditions 1. Excavation and Back -filling. Excavation of soil as loca- ted and in the amounts shown on the plans. Removal of all sub -surface utility lines, tanks, and other obstructions within the excavation area. Back -fill with soil of acceptable composition to 90% compaction. 2. Bench Marks. Maintain carefully all bench marks, monu- ments, and other reference points. If disturbed or destroyed, repair or replace. 3. Applicable Codes, Rules and Regulations, and Ordinances. All work performed under this section shall be in accordance with all local ordinances, rules, and regulations. 4. Debris and Surplus Materials. All debris, rubbish, and surplus materials resulting from the work of this section shall be removed from the site at no additional cost to the Owner. 5. Subsurface Obstructions and Unstable Soil Conditions. When subsurface obstructions or unstable soil conditions are encountered, the Contractor shall immediately notify the Architect and Soils Engineer requesting instructions. C. Special Conditions 1. Dewatering procedures, specifications, and calculations to be provided by the Sub -contractor doing that work. 3. REQUIREMENTS A. Examination of Site. It shall be the responsibility of the Contractor to examine the site and determine for himself the exact, existing conditions, character and extent of the work to be performed and of the miscellaneous construction operations that will be required. B. General 1. All work shall be in accordance with the Grading Code of the City of Newport Beach, the recommendations of the project soils report, and any special requirements of the permit. 2. Dust shall be controlled by watering and/or dust palliative. 3. Sanitary facilities shall be maintained on the site during the construction period. 4. Work hours shall be limited to 7:00 a.m. to 6:30 p.m. Monday through Friday; 9:00 a.m. to 3:00 p.m. for truck operations; 8:00 a.m. to 6:00 p.m. Saturdays; and 10:00 a.m. to 6:00 p.m. Sundays and Holidays. 5. The Contractor shall control noise, excavation, deli- very, and removal items in accordance with the City Muni- cipal Code, Chapter 10.28. 6. The stamped set of approved plans shall be on the job site at all times. 7. The Permittee and the Contractor are responsible for location and protection of all utilities. 8. Approved temporary drainage provisions and protective measures must be used to protect adjoining properties during the grading operation. 9. Existing cesspools and septic tanks shall be abandoned in compliance with the Uniform Plumbing Code and approved by the Building Official. 10. When import or export of materials is required, haul routes to and from the site shall be approved by.the City Traffic Engineer and hauling procedures shall be in accordance with the transportation of materials section of the City Grading Code. 11. Positive drainage shall be maintained away from all building and slope areas. 12. Failure to request inspections and/or have removable erosion control devices on-site at the appropriate times shall result in forfeiture of the construction site cleanup deposit. 13. Steel sheet pile will be driven on the three land - bound sides of the site to maintain soil condition on adjoining properties during construction. 14. Remove and/or dispose of the underground tanks beneath the existing paved area. C. Erosion Control 1. Temporary erosion control plans are required from October 15 to May 15. 2. Between October 15 and May 15, erosion control mea- sures shall be in place at the end of each working day, whenever the five-day probability of rain exceeds 30%. During the remainder of the year, they shall be in place at the end of the working day whenever the daily rainfall probability exceeds 50% 3. Landscaping plans shall be submitted for approval, work completed, and a certificate of conformance received by the City Grading Engineer prior to closure of permit, unless a waiver of this requirement has been obtained from the City Grading Engineer. 4. Temporary desilting basins, when required, shall be installed and maintained for the duration of the project. D. Required Inspections 1. A pre -grading meeting shall be scheduled 48 hours prior to start of grading with the following people pre- sent: Owner, Grading Contractor, Design Civil Engineer, Soils Engineer, City Grading Engineer or their represen- tatives. Required field inspections will be outlined at the meeting. 2. A pre -paving meeting shall be scheduled 48 hours prior to start of the sub -grade preparation for paving with the following people present: Owner, Paving Con- tractor, Design Civil Engineer, Soils Engineer, City Grading Engineer or their representatives. Required field inspections will be outlined at the meeting. 3. Confirmation borings shall be taken of soils underlying the existing buildings after demolition is complete. E. Grading Fills/Cuts 1. Cut slopes shall be no steeper than two (2) horizontal to one (1) vertical. 2. Fill slopes shall be no steeper than two (2) horizon- tal to one (1) vertical, and shall have not less than 900 relative compaction out to the finished surface. 3. Fills shall be compacted throughout to a minimum of 90% relative compaction as determined by ASTM Test Method 1557, and approved by the Soils Engineer. 4. Areas to receive fill shall be cleared of all vegeta- tion and debris, scarified and approved by the Soils Engi- neer prior to placing of the fill. 5. Fills shall be keyed or benched into competent material. 6. All existing fills shall be approved by the Soils Engi- neer or removed before any additional fills are added. 7. Any existing irrigation lines and cisterns shall be re- moved, or crushed in place and back-filled, and approved by the Soils Engineer. 8. All trench back-fills shall be compacted throughout to a minimum of 90o relative compaction, and approved by the Soils Engineer. 9. The stockpiling of excess material shall be approved by the City Grading Engineer. 10. All cut slopes shall be investigated both during and after grading by an engineering geologist to determine if any stability problem exists. Should excavation disclose any geological hazards or potential geological hazards, the Engineering Geologist shall recommend necessary treat- ment to the City Grading Engineer for approval. 11. When cut pads are brought to near grade, the Engi- neering Geologist shall determine if the bedrock is extensively fractured or faulted and will readily trans- mit water. If considered necessary by the Engineering Geologist and Soils Engineer, a compacted fill blanket will be placed. 12. The Engineering Geologist shall perform periodic inspections during grading. 13. Notification of Non-compliance: If, in the course of fulfilling their responsibility, the Civil Engineer, the Soils Engineer, the Engineering Geologist, or the testing agency finds that the work is not being done in conformance with the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the City Grading Engineer. Recommendations for corrective measures, if necessary, shall be submitted to the City Grading Engineer for approval. 14. It is the intent to use that portion of the exca- vated existing site materials that is not potentially expansive for the construction of controlled fills. Im- ported fill material shall be non -expansive, predominantly granular. 15. Grade with uniform slope between points where eleva- tions are given and between such points and existing grades in a manner to drain away from the building and towards the drainage scheme of the site. F. Documentation 1. An as -built grading plan prepared by the Civil Engi- neer; including original ground surface elevations, as - graded ground surface elevations, lot drainage patterns and locations, and elevations of all surface and sub- surface drainage facilities. He shall provide written approval that the work was done in accordance with the final approved grading plan, and state the number of yards of cut and/or fill moved during the operation. 4. 2. A soils grading report prepared by the Soils Engi- neer; including locations and elevations of field density tests, summaries of field and laboratory results, and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the soils engineering investigation report. He shall provide written approval as to the adequacy of the site for the intended use. 3. A geological grading report prepared by the Engineer- ing Geologist; including a final description of the geology of the site, including any new information disclosed during grading, and the effect of same on recommendations incor- porated in the approved grading plan. He shall provide written approval as to the adequacy of the site for the intended use as affected by geologic factors. WORKMANSHIP A. The Contractor shall at all equipment, facilities, End labor the opinion of the Architect to unnecessary delays. 5. CLEAN UP times employ such materials, as will be sufficient in complete the work without All surplus materials and debris resulting from the work of this section shall be bemoved from the site and disposed of at the contractors expense. SECTION 2-C I. STEEL SHEET PILING 1. APPLICABLE PUBLICATIONS: The following publications of the issues listed below, but referred to thereafter by basic designation only, form a part of this specification to the extent indicated by the references thereto: 1.1 American Society for Testing and Materials (ASTM): A36 -77A Structural Steel A307-78 Carbon Steel Externally and Internally Threaded Standard Fasteners A690-77 High Strength Low -Alloy Steel H -Piles and Sheet Piling for Use in Marine Environments 1.2 American Welding Society (AWS): A5.5-69 Low -Alloy Steel Covered Arc Welding Electrodes D1.1-80 Structural Welding Code. 2. SUBMITTALS: Submit for approval the descriptions of all pile driving equipment to be employed in the work prior to commencement of pile installations. This shall include details of the pile hammer, power plant, leads, cushion material and helmet. 3. BASIS OF PAYMENT: The Contractor shall furnish and his price shall include all necessary equipment, tools, material, labor, and supervision required to deliver, handle, install, and cut off the piles, and for all as necessary to meet the applicable contract re- quirements. Payment for piles will be on the basis of the lengths of the piles measured from cutoff elevations to final tip elevations. No additional payment will be made for withdrawn, damaged, rejected, or misplaced piles; for any portion of a pile remaining above the cutoff elevation; for backdriving; for cutting_ off piles; or for any cut off length of piles. 4. MATERIALS: 4.1 Piles. Piles shall conform to ASTM A690 and shall be of sec- tions, sizes, and weiohts indicated. Pile ties shall be square and blunt, as received from the mill. 4.2 Accessories: 4.2.1 Steel plates and shapes shall conform to ASTM A36. 4.2.2 Bolts shall conform to ASTM A307. 4.2.3 Welding Electrodes: Electrodes shall conform to AWS A5.5. 5. INSTALLATION: 5.1 Pile Hammers: The hammer used shall have a delivered energy suitable for the total weight of the pile, the character of sub -surface material to be encountered. The driving energy of the hammer shall be not less than 15,000 foot-pounds. Diesel -powered hammers shall be operated at the rate recommended by the manufacturer throughout the entire driving period. Sufficient pressure shall be maintained at the steam hammer so that: (a) for double-acting hammer, the number of blows per minute during_ and at the completion of driving of a pile is equal approximately to that at which the hammer is rated; (b) for single -acting hammer, there is full upward stroke of the ram: and (c) for differential type hammer, there is a slight rise of the hammer base during each upward stroke. 5.2 Driving Helmets and Pile Cushions: A driving helmet or cap in- cluding a pile cushion shall be usea between the top of the pile and the ram to prevent impact damage to the pile. The driving helmet or cap and pile cushion combination shall be capable of protecting the head of the pile, minimizing energy absorption and dissipation, and transmitting hammer energy uniformly over the top of the pile. The driving helmet or cap shall fit loosely around the top of the pile so that the pile is not restrained by the driving cap if the pile tends to rotate during driving. The pile cushion may be of solid wood or of laminated construction using plywood, softwood, or hardwood boards or other cushioning material as approved by the owner or his representative. The pile cushion shall completely cover the top surface of the pile and shall be retained by the driving helmet. The minimum thickness of the pile cushion shall be 3 -inches and the thickness shall be increased so as to be suitable for the size and length of pile. Character of sub- surface material to be encountered, hammer characteristics, and the required driving resistance. A new pile cushion shall be used at the start of driving of each pile and shall be replaced if it has been highly compressed, charred, or burned, or has become deteriorated in any manner during driving. 5.3 Pile Driving: Provide a driving frame or template to alien and "thread" piles prior to driving. Maintain verticality of piling. Drive piles to tip elevation shown ori the plans. 5.4 Jetting of Piles. Jetting of piles will not be permitted. 5.5 Splices: Field splices will not be allowed. 5.6 Welding: Shop and field welding, qualification of welding pro cedures, welders, and welding operators shall be in accordance with AWS D1.1. 5.7 Tolerances in Driving. Top of pile at elevation of cut-off shall be within 1/2 -inches horizontally and 2 -inches vertically of the loca- tion indicated. Planiuplation of piles to force them into position will not be permitted. 5.8 Cutting of piles. Piles shall be cut off at the elevations indi- cated by a method approved by the owner or representative. ji�r-�^,;4�r DEPARTMENT OF THE ARMY CORPS OF ENGINEERS NOTICE OF AUTHORIZATION October 12, 1964 f p TO (a) construct a precast concrete sheet -pile bulkhead immediately in ron ok"MV an exi Gtinn Aafnr4�-4-4 t- - -, _ - and 18 wooden ` w—%- O11N� piles (c) install eight new boat slips and drive 18 prestressed concrete guide piles in Newport Bay, Pacific Ocean at 2901 West Pacific Coast AT Highway, city of Newport Beach, county of Orange, State of California HAS BEEN ISSUED TO Senator D.G. Anderson 638 Keeamoku Street ON October 12,1984 ADDRESS OF PERMITTEE Honolulu, Hawaii 96814 84 -126 -RA Dennis F. Butler PERMIT NUMBER Colonel, Corps of Engineers District Engineer Jul io°"" 6 THIS NOTICE MUST BE CONSPICUOUSLY DISPLAYED AT THE SITE OF WORK. *GPO: 1977 232-9B4 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 2711 REPLY TO LOS ANGELES, CALIFORNIA 90053-2325 ATTENTION OF: -y Branch September 12, 1984 Senator D.G. Anderson 638 Keeamoku Street Honolulu, Hawaii 96814 Dear Senator Anderson: In response to your request of May 3, 1984 (84 -126 -RA), there are enclosed two copies of a draft permit authorizing you to renovate an existing bulkhead/boat slips and discharge fill in a mobile boat hoist area to provide boat docking facilities in Newport Bay, Pacific Ocean at 2901 West Pacific Coast Highway, city of Newport Beach, county of Orange, State of California. THIS PERMIT IS NOT VALID UNTIL SIGNED BY THE DISTRICT ENGINEER. Your attention is particularly invited to the Special Conditions on pages 3 and 4. All copies shall be signed and dated by an owner or authorized responsible official. The signer's name and title, if any, must be typed or printed below the signature. All copies should be returned to this office. The permit will then be validated and one copy will be returned to you. If the draft copies are not signed and returned within 30 days from the date of this letter, your request for the proposed work will be withdrawn. Sincerely, Dennis F. ButleVU-f Colonel, Corps of Engineers District Engineer Enclosure State of California, George Deukmejian, Governor California Coastal Commission SOUTH COAST DISTRICT 245 West Broadway, Suite 380 P.O. Box 1450 Long Beach, California 90801-1450 (213) 590-5071 5-84-397 8/22/84df NOTICE OF INTENT TO ISSUE PERMIT Date August 22, 1984 Application No. 5-84-397 On August 21, 1984 , the California Coastal Commission approved the application of Senator D. G. Anderson , subject to the attached standard and special conditions, for the development described below: Description: Demolition of Rosan Industries Manufacturing Plant and the Seacraft boat repair yard and construction of a 49,460 sq. ft. multi -use building with 167 subterranean on-site parking and 59 off-site parking. Site: Site A (the main Structure site) 2901 Pacific Coast Highway Newport Beach, CA Site B (off-site Parking lot) Southeast corner of Riverside Avenue and Avon Street Newport Beach, CA The permit will be held in the District Office of the Coastal Commission, pending fulfillment of Special Conditions See pages 2, 3, 4. When these conditions have been satisfied. the vermit will be issued. G C- Tom Crandal South Coast Director Staf Analyst, Praveen Gupta NOTICE OF INTENT TO ISSUE Pi -,JUT, Vage 2 of 4. Application No. 5-84-397 ma STANDARD CONDITIONS: I. Notice Of Receipt and AC I knowltdRMMIt. The perwit is not valid and construction shall not commence until a copy of e permit, signed y WW permittee or authorized agent. acknowledging receipt of the permit and acceptance Of the temps and conditions, is returned to the Comission office. 2. Expiration. If construction has not comenced, the permit will expire two years from the date on which the Commission vo ud on -the application. Construction shalt 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. g, COMPI i4nCe. All construction must occur in strict compliance with the proposal as set forth in the application for permit, SUIDject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and - approved by the staff and my require Commission approval. A. interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or—M Commission. S. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, su rec to 4 -hour advance notice. 6. Assi roment. The permit .my be assigned to any qualified person. provided assignee files with the Commission an g7ra2ivit accepting all terms and conditions of the permit. and 7. Terms nCand the permiRunttee witLeah theLand.a•l These . futureterm and . conditions mmers and possessors oflthhee subjecctapropertyttosthethe termsintention and °f the Conditions. SPECIAL CONDITIONS: A. Lateral Access Condition. Prior to transmittal of permit the applicant shall execute and record a document, in a form and content approved in writing by the Executive Director of the Commission, irrevo- cably offering to dedicate an easement for public access and passive recreational use along the shoreline, to a public agency or a private association approved by the Executive Director. The document shall also restrict the applicant from interfering with present use by the public of the areas subject to the easement prior to acceptance of the offer and shall include legal descriptions of both the applicant's parcel or parcels and the easement area. Such easement shall be a 1@ ft. wide walkway located along the bulk- head on the entire width of the lot, and run along the westerly and easterly property lines to make a continuous walkway connection on both sides of the property. Such easement shall be recorded free of prior liens except for tax liesn and free of .prior encumbrances which the Executive Director deter- mines may affect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California, binding successors and assigns of the applicant or land- owner. The offer of dedication shall be irrevocable for a period of 21 years, such period running from the date of recording. B. Preferred Uses. Prior to transmittal of permit.the applicant shall submit for the Executive Director's approval revised plans to show that the first floor uses along the bulkhead and the walkway are visitor - serving retail uses. The boatyard and boat repair uses proposed on the east side of the lot are acceptable. 5-84-397 Page 3 of 4. C. Beach Replenishment. All materials excavated from the site suitable for beach replenishment shall be placed upon the beach. The location for placement shall be determined in consultation with the City of Newport Beach and State Department of Parks and Recreation. Any modi- fications to such location shall be determined in the field -in consultation with local representatives of the City and the State Department of Parks and Recreation. The applicant shall submit adequate analysis of the exca- vated material for the Executive Director's determination of the suita- bility of the excavated material for beach replenishment. D. Assum tion of Risk. Prior to the transmittal of a coastal permit, the applicant shall -submit to the Executive Director an executed and acknowledged deed restriction for recordation free of prior liens and encumbrances; except tax liens, that binds the applicant and all successors in interest to the development property. The form and content'of the deed restriction shall be subject to the review and approval of the Executive Director. The deed restriction shall provide that: 1. The applicant has requested a coastal development permit from the California Coastal Commission to authorize the construction of a multi -use building with subterranean parking. 3. The applicant has retained a registered civil engineer and certified engineering geologist to study the site for the presence of potential hazard of soil subsidence during the construction of the project. 3. The expert's observations, conclusions and recommendations are contained in a report entitled Screencheck Draft, Initial Study, dated February 10, 1984, by Marie E. Gilliam & Association. 4. Based upon information contained in the above -referenced report and the findings of the Coastal Commission in granting the permit, the applicant understands that the site is subject to extraordinary hazard from.a potential soil subsidence. 5. The applicant has determined to undertake development. By accepting the coastal development permit, as conditioned, the applicant recognizes the risk he is taking and assumes the liability for harm to life or damage to property that may result from the hazards of soil subsidence due to pre-existing conditions, natural causes, or the applicant's development activities. 6. The applicant agrees to waive unconditionally any claim of liability against and to hold harmless the California Coastal Commission and any other public agency for any damage, loss of property or life which may arise as a result of the design, the construction, or the placement of materials on the develop- ment property as authorized by this coastal permit. Excepting, however, any claims of indemnification which the applicant may assert under the terms of any existing agreement with a public agency. 5-84-397 Page 4 of 4. E. Parking. 1. The business hours of the restaurant shall not start before 5:30 p.m. on week days. 2. The valet parking service shall be provided at all times during the restaurant business hours. NOTE: Within a few days you will be receiving from our San Francisco office the necessary paper work required to meet conditions A, & D. If you have any questions after receiving these documents, contact Debbie Benrubi at (415) 543-8555. US Army Corps of Engineers Los Angeles District N.U. Box 2711 A I CA 90053 Public Notice of Application for Permit - . Los nge es, Public Notice/Application No. 84-1126aitif4�{Amend 1) SPLCO-R Date JUL 17 1984 Comment Deadlinin Interested parties are hereby notified that an application has been received for a Department of the Army permit for the activity described Wow and shown on the attached drawing(s). Applleangs)• Senator D.G. Anderson 638 Keeamoku Street Honolulu, Hawaii 96814 Location- Newport! Bay, Pacific Ocean at 2901 West Pacific Coast_Highwax,, city of Newport Bea out of Orange, State of California Act�v fy, �ur;U renovate an existing bulkhead/boat slips and discharge fill in a mobile boat hoist area to provide boat docking facilities Comment and Review Period.- Interested parties are U.S. Army Engineer 9'ftr��t_RA (Amend 1) Invited to provide their views on the proposed work, ATTN: SPLCO - R - which will become a part of the record and will be con- P.O. Box 2711 (Public NoticeNo) sidered in the decision. Comments should be mailed to: Los Angeles, CA 90053 EIS Determination - A preliminary determination has been made that an environmental Impact statement Is not required for the proposed work. Public Hearing - Any person may request, in writing, within the comment period specified In this notice, that a public hearing be held to consider this application. Requests for public hearing shall state with particularity the reasons for holding a public hearing. Other Authorizations Required - Water Quality: ® Certification that the proposed work will not violate applicable State water quality standards has been requested from location state 0 None Required Coastal Zone Management: ® The State of California is reviewing this work for consistency with its approved Coastal Zone Management Program. O None Required Cultural Resources - The latest version of the National Register of Historic Places has been consulted and this site is not listed. This review constitutes the extent. of cultural resource investigations by the District Engineer, and,he is otherwise unaware of the presence of such resources. Endangered Species - Preliminary determinations indicate that the proposed activity will not affect endangered species, or their critical habitat, designated as endangered or threatened (Endangered Species Act). Formal consultation under Section 7 (c) of the Act is not required. Authority This permit will be Issued or denied under the following authorities: 5g Structures or .work in or affecting navigable waters of the United States - Section 10, River and Harbor Act of 1899 (33 U.S C. 403). ® Discharge of dredged or fill material Into watgrs of the United States - Section 404, Clean Water Act (33 U.S.C. 1344). ❑ Transportation of dredged. material for purpose of dumping Into ocean waters Section 103, Marine Protection; Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). Evaluation - The decision whether to Issue a permit will be based on an evaluation of the probable Impact Including cumulative Impacts of the proposed activity on the public interest. That decision. will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion, and accretion, recreation, water supply, and conservation, water quality, energy needs, safety, food production and, in general, the needs and welfare of the people. In addition, if the proposal would discharge dredged or fill material, the evaluation of the activity will Include application of the EPA Guidelines (40 CFR 230) as required by Section 404 (b) (1) of the Clean Water Act. SPLCO-R Public Notice No. 84-126,RA(Amend 1) Page No. 2 PROPOSED ACTIVITY FOR WHICH A PERMIT IS REQUIRED" (a) construct a precast concrete sheet -pile bulkhead immediately in front of an existing deteriorated wooden bulkhead (b) remove eight boat slips and 18 wooden piles (c) install eight new boat slips and drive 18 prestressed concrete guide piles (d) install two reinforced concrete runways, supported by 16 prestressed concrete piles, (e) relocate an existing mobile boat hoist to new concrete runways, and (f) discharge about 105 cubic yards of imported fill in a mobile boat hoist area (300 sq: ft.).' ADDITIONAL PROJECT INFORMATION This project entails the demolition of an existing manufacturing building and construction of a restaurant, office and retail space, and boatyard facilities. Vessels to be accommodated by the new slips would be pleasure craft, both power and sail. No sewage pump -out or refueling facilities are proposed. The proposed boatyard would occupy 7,950 square feet of the site.. The operation would include haul -out' facilities, repair and restoration work,.and new boat construction.. No dredging is to be associated with this project. Note: This public notice is.a revision to a public, notice issued on June 8, 1984. FOR ADDITIONAL INFORMATION: Please. call Bob Atkins, Regulatory Branch, (213) 688-5606, before 3:00 p.m. any work day. This Public Notice is 'issued by the Chief, Construction -Operations Division. ►,�4fe� 1 VIL�N rT� I IL 14 1, 5: PT I A- ��i W. OV44 ¢+� N►,N - - — - _ — _ - - - -- -- --9 I I LL-- �XTI�� 2a� �•�'�c ��� i l = _ � 11• l -FIL L MOBILE I30AT A 1401ST AREA (300 SQ. ET) "A4 ef"Co WITH APPROK.105 Cug,c YPsr-ls it II OF IMPORTED FILL qW44 �JUS&I�. a -� v a o o laCf�ihl4 -Flea eTo WHO . 4L fx�� = it�•�on 2O`ml=n Olaf W. AA , u`, �wr 2 G�- qLRClI,;Z� Hov,.T o� a�v+.� �� .+ .ate �\ LJ W-e-,Q�T HK�I- 4 Ala May r-fP &Tvw -#*Au P Tg LPWvir-- MAA,,W. Hv,P1 Wei �1,• — t��l 2'� IiPla'r�E� � I � u.h �Ul.l[J;� l�l►.� I I li li: HI 1I � r - - 84 -12 -RA a N !o n U_ N 0o un J U_ a J US Army Corps of Engineers Los Angeles District P.O. Box 2711 Los Angeles, CA 90053 SPLCO-R Public Notice of Application for Permit Public Notice/Application No. 84 -126 -RA Date JUN 8 1984 Comment Deadline: 4UN 2 8 1984 Interested parties are hereby notified that an application has been received for a Department of the Army permit for the activity described below and shown on the attached drawing(s). Applicants)- Senator D.G. Anderson Agent: Gregory Castle 638 Keeamoku Street Joseph H. Lancor Architects, Inc. Honolulu, Hawaii 96814 (619) 755-0155 Location. Newport Bay, Pacific Ocean at 2901 West Pacific Coast Highway, city of Newport Beachcounty of Orange, State of California Activity, 'Purpose - renovate an existing bulkhead and boat slips to alleviate inundation problems and provide adequate boat docking facilities Comment and Review Period - Interested parties are U.S. Army Engineer District Invited to provide their views on the proposed work; ATTN: SPLCO - R - 84 -126 -RA which will become a part of the record and will be con- P.O. Box 2711 (Public Notice No.) sidered in the decision. Comments should be mailed.to: Los Angeles, CA 90053 EIS Determination -.A preliminary determination has been made that an environmental Impact statement is not required for the proposed work. Public Hearing - Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state with particularity the reasons for holding a public hearing. Other Authorizations Required - Water Quality: )(Certification that the proposed work will not violate applicable State water quality standards has been requested from location state ❑ None Required Coastal Zone Management: XThe State of California is reviewing this work for consistency with Its approved Coastal Zone Management Program. ❑ :None Required Cultural Resources - The latest version of the National Register of Historic Places has been consulted and this site is not listed. This review constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Endangered Species -.Preliminary determinations Indicate -that the .proposed activity will not affect endangered species, or their critical habitat, designated as er%dangered or threatened (Endangered Species Act). Formal consultation under Section 7 (c) of the Act is, not required. Authority - This permit will be issued or denied under the following authorities: structures -or work in or affecting navigable waters of the United States.- Segtion 10, River and Harbor Act of 1899 (33 U.S.C. 403). ❑ Discharge. of, dredged or fill material Into waters of the United States - Section 404, Clean Water Act (33 U.S.C. 1344). O Transportation of dredged material for purpose of dumping into ocean waters.- Section 103, Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). Evaluation The decision whether to issue a permit will be :based on an evaluation, of ;the probable impact including cumulative impacts of the proposed activity on the public interest. That `decision will reflect the national concern for both. protection and utilization of important re"sources. The benefit which reasonably may, be expected to accrue. from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion, and accretion, recreation, water supply and conservation,. water quality; energy needs, safety, food production and, in general, the needs and welfare of the people. In addition, if the proposal would discharge dredged or fill material, the evaluation of the activity will include application of the EPA Guidelines (40 CFR 230) as required by Section 404 (b) (1) of the Clean Water Act. SPLCO-R Public Notice No. 84 -126 -RA Page No. 2 PROPOSED ACTIVITY FOR WHICH A PERMIT IS REQUIRED (a) construct.a precast concrete sheet -pile bulkhead immediately in front of an existing deteriorated wooden bulkhead (b) remove eight boat slips and 18 wooden piles (c) install -eight new boat slips and.drive 18.prestressed concrete guide piles (d) install two reinforced concrete runways, supported by 16 prestressed concrete piles, and (e) relocate an existing mobile boat hoist to new concrete.runways. ADDITIONAL PROJECT INFORMATION This project entails the demolition of an existing manufacturing building and construction of a restaurant, office and retail space, and boatyard facilities. Vessels to be accommodated by the new slips would be pleasure craft, both power and sail. No sewage pump -out or refueling facilities are.proposed. The proposed boatyard would occupy 7,950 square feet of the site. The operation would include haul -out facilities, repair and restoration work, and new boat construction. No dredging is to be associated with this project. FOR ADDITIONAL INFORMATION: Please call Bob Atkins, Regulatory Branch, (213) 688-5606, before 3:00 p.m. any work day. This Public Notice is issued by the Chief, Construction -Operations Division. r y Ari or 4pp-p Hft Ja�jcl V ii.AA ii A2 Ma�11.1'j�-'4 8g-112- RA — W. *41q.- "OOT Aw. - - - w t _ _ I.xTMN"r Of W4,07 rt4wF " i Ir �� 4►�.+�upas i II -rr Pe vwj�e q - I IL II II 1 ` I I Now 990tv-0 II� II li A`'" pr t 9-3 13/ i . , Id•611 PiirZ L11.E ,may. Alb. 1 X34 -112 -RA a 11 Mal 1,114 OT F��L4W&710�-4 a4 -112 -RA kl&7ffP- M-F.Lt4 H krj: Z �e'Lw+41AW 14� X1-0„ Mal 1,114 OT F��L4W&710�-4 a4 -112 -RA ,Fwr 'dor- PO4Vo--E9 AAA P wiar � �,. + .� AN1�1,� ��r XV U�GIIZ1� Mu+nl HVIP. kr� !;L NOT Io-p� t f_ Io=oM i i I r4.-,7cp .& eV-A4T, tt; i -Io� 2vIW. �� = ,*foT m -N M -%l 14, 1°le�- � 84-I►2-Rq COUNCIL MEMBERS ti �o s 9C►o� �9G y9�j► �9,' Rni I f_AI OF NEWPORT;H May 29, 1984. MINUTES INnFY Motion Ayes Noes x x x x x x X. x "-Motion was made to sustain the action of the�-P,�anning Commission, and the Conditions of Approval thereof, with the exception tha.Condition No. 11 be modified as reektted by the applicant and approved by the ty Attorney; the restaurant be required close at 12 Midnight Sundays through Thai days, and at 2 a.m. Fridays and Saturdays, nd further, that the restaurant be allowed to remain open for lunch. 3. Mayor Hart opened the public hearing and City Council review of: HARBOR PERMIT NO. 128-2901 - Request to Harbor Perm revise a previously -approved harbor #128-2901 permit so qs to allow a 7.5± ft. eave (51) overhang within the public tidelands area bayward of the U.S. Government bulkhead line at 2901 West Coast Highway; AND TRAFFIC STUDY - Request to consider a Traffic Stdy traffic study in conjunction with the construction of a multiple -use development containing 49,460± sq. ft. of gross floor area; AND USE PERMIT NO. 3086 - Request to permit U/P 308.6_ the construction of a multiple -use (883 development on property located in the "Recreation Marine Commercial" area of the Mariners' Mile Specific Plan area. The proposal includes a request to construct a building which exceeds the 26 ft. basic height limit in the 26/35 Foot Height Limitation District and exceeds .5 times the buildable area of the site; a request to establish a restaurant with on -sale alcoholic beverages and live entertainment; a request to permit non -marine related professional and business office type uses; a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces for a portion of the required off-street parking requirement; a request to allow the use of an off-site parking location for a portion of the required off-street parking; and the acceptance of an Environmental Document. Report from the Planning Department, was presented. Volume 38 - Page 171 ? 1 i r Y OF NEWPORT `CH COUNCIL ,,MEMBERS MINUTES May 29, 1984 Joseph Lancor, Architect for the Hrbr Perm project, addressed the Council and 41128-2901/ displayed a model of the proposed Tfk Stdy/ development, drawings, and renderings. U/P 3086 He stated that they wished to withdraw their request for encroachment beyond the U.S. bulkhead line. They also were in agreement with the recommendations as set forth in the City's staff reports. It was noted that access to the boat launching facility will be moved toward the vehicular access in the new design. Dick Whitworth, owner of business across from the proposed development, addressed the Council in favor of the project. He also asked questions regarding the development, to which the Planning Director responded that the building will be 35 ft. in height on the highway, terracing down to 32 ft. as it moves toward the water. Land has been purchased by the applicant for the Rosan offstreet parking. The development will include a restaurant; a private club on the upper level; commercial office space; and a boat launching facility on the easterly side of the project. In addition, utility poles will be placed underground. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to sustain the All Ayes recommendations of the Planning Commission with Findings and Conditions as modified by the Tidelands Affairs Committee in regards to Harbor Permit No. 128-2901; the Traffic Study; Use Permit No. 3086; and the acceptance of the Environmental Document 4. Mayor Hart opened the public hearing Weed Abatm regarding WEED ABATEMENT PROGRAM. (41) Report from the Fire Department dated May 23, 1984, was presented. The City Clerk advised that after the agenda was printed,, letters were received from Mr. and Mrs. Kenneth Sands, 637 St. James Road, and Donald E. Olson of Byco, Inc., 3300 West Pacific "Coast Highway, regarding their weed assessments. Volume 38 - Page 172'�"'-. City Council Meetin, May 29, 1984 Agenda Item No. D-3 CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: Public hearing and City Council review of: HARBOR PERMIT NO. 128-2901 - Request to revise a previously - approved harbor permit so as to allow a 7.5± ft. eave overhang within the public tidelands area bayward of the U.S. Government bulkhead line at 2901 West Coast Highway; VkNER TRAFFIC STUDY - Request to consider a traffic study in con- junction with the construction of a multiple use development containing 49,460± sq.ft. of gross floor area; ME USE PERMIT NO. 3086 - Request to permit the construction of a multiple use development on property located in.the "Recreation Marine Commercial" area of the Mariners' Mile Specific Plan area. The proposal includes: a request to construct a building which exceeds the 26 ft. basic height limit in the 26/35 Foot Height Limitation District and exceeds 0.5 times the buildable area of the site; a request to establish a restaurant with on -sale alcoholic beverages and live entertainment; a request to permit non -marine related professional and business office type uses; a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces for a portion of the required off-street parking requirement; a request to allow the use of an off-site parking location for a portion of the required off-street parking; and the acceptance of an environmental document. APPLICANT: Senator D. G. Anderson, Honolulu OWNER: Same as Applicant Applications The applicant has requested approval of a Traffic Study and a Use Permit to allow construction of a 49,460 gross square foot restaurant, retail commercial, office commercial and boat yard facility in the Recreation and Marine Commercial District of the Mariners' Mile Specific Area Plan (SP -5). Also requested is an amendment to an existing Harbor Permit to allow a use inconsistent with the Harbor Permit Policies. A Traffic Study is required by any development of 10,000 sq.ft. or more. A Use Permit is required for the following proposals: Construction of a building which exceeds the basic height City Cou:icil - 2. limit in the 26/35 Foot Height Limitation District and exceeding 0.5 times the buildable area of the site; establishment of a restaurant facility with on -sale alcoholic beverages and live entertainment; establishment of general purpose business and professional offices; a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces for a portion of the required off-street parking; and the use of an off-site parking location for a portion of the required off-street parking. An amendment to an existing Harbor Permit is also requested to allow construction of the building with an eave overhang which encroaches 7.5± feet into the public tidelands area bayward of the U.S. Government bulkhead line. Acceptance of an environmental document is also requested. Procedures for acceptance of a Traffic Study are contained in Chapter 15.40 of the Municipal Code. Use Permit .procedures are in Chapter 20.80 of the Code, and the criteria to exceed the basic height limit is inSection 20:02.040 of the Code. Harbor Permit procedures are contained in Council Policy H-1. Suggested Action Hold hearing; close hearing; if desired, 1. Sustain or modify the recommendations of the Tidelands Affairs Committee and the Planning Commission in regards to Harbor Permit No. 128-2901, the Traffic Study, Use Permit No. 3086, and the acceptance of the environ- mental document; OR 2. Continue the public hearing; OR 3. Deny the project. Planning Commission Action The Planning Commission reviewed the proposed project on March 22 and April 19, 1984, and voted (6 Ayes, 1 Absent) to approve the Traffic Study and Use Permit No. 3086, and to accept the environmental document. The Findings and Conditions of Approval are listed below. The Planning Commission had no jurisdiction to rule on the Harbor Permit. A. ENVIRONMENTAL DOCUMENT 1. Approve the Negative Declaration and supportive materials thereto; and 2. Make the Findings listed below: FINDINGS: 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), the State EIR Guidelines and City Policy. 2. That the contents of the environmental document have been considered in the various decisions on this project. ATO City co,- it - 3. 3. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the proposed project; 4. That the mitigation measures identified in the Initial Study have been incorporated into the proposed project and are expressed as Conditions of Approval; 5. That based upon the information contained. in the Initial Study, Negative Declaration and supportive materials thereto that if the mitigation measures are incorporated into the project it will not have a significant, adverse impact on the environment. The Findings made in regard to the Environmental Document described above also apply to the action taken on the Traffic Study and Use Permit No. 3086. B. TRAFFIC STUDY FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the project -generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'mayor', 'primary -modified', or 'primary' street. 3. That the Traffic Study indicates that the project -generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on any leg of two critical intersection, but will not add to an unsatisfactory level of traffic service at the critical intersections which will have an Intersection Capacity Utilization of .90 or less. CONDITION: 1. The project shall contribute to Fair Share for Circulation System improvements and noise walls, to be established by ordinance adopted by the City Council. C. USE PERMIT NO. 3086 FINDINGS: 1. The increased building height will result in more public visual open space and views than is required by the basic height limit. 2. The increased building height will result in a more desirable architec- tural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. 3. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. City COunill 4. 4. The structure will have no more floor area than could have been achieved without the use permit for the building height. 5. The development will provide for both public physical and visual access to the 'bay within the limits that public safety is insured and private property protected. 6. That the design of the development or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 7. That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 8. The proposed restaurant will not have any significant environmental impact, providing that parking demands are met. 9. The Police Department has indicated that they do not contemplate any problems. 10. The off-site parking area is located so as to be useful to the proposed restaurant use. 11. Parking on such off-site lot will not create undue traffic hazards in the surrounding area. 12. That the restaurant site and the off-site parking area are in the same ownership. 13. That the hours of operation of the proposed restaurant facility, boat yard, office and retail uses are such as to allow joint use of the on-site and off-site parking areas. 14. The proposed number of compact car spaces constitutes 24% (twenty-four percent) of the parking requirements which is within limits generally accepted by the Planning Commission relative to previous similar applica- tions. 15. The proposed use of (tandem and compact car spaces, and a valet parking service) will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modifica- tion is consistent with the legislative intent of Title 20 of this Code. 16. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located, except those items requested in conjunction with the proposed modifications. 17. The project lot size conforms to the Zoning Code area requirements. 18. That the proposed development will intensify the need for on-site, on - street and off-site parking in comparison to past and current uses of the development site. fio: City Couf . - 5. 19. That the City of Newport Beach has tentative plans to widen and/or re - stripe West Coast Highway which may result in loss of on -street parking and the applicant's proposed development adequately addresses anticipated parking needs for the permitted use. 20. That the proposed development will generate an increase in daily trips sufficient in magnitude to warrant a fair share assessment to mitigate the increased traffic congestion and traffic noise resulting from the cumu- lative affect of additional traffic generated by commercial and office development. 21. The approval of Use Permit No. 3086 will not, under the circumstances of this case be detrimental to. -,,the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan, and elevations except as noted below. 2. That valet parking service be provided at all times during the restau- rant's hours of operation. 3. That all mechanical equipment and trash areas shall be screened from West Coast Highway and adjoining properties. 4. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the South Coast Air Quality Management Dis- trict. 5. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains. 6. That grease interceptors shall be installed on all fixtures in the restau- rant facility where grease may be .introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 7. That all restaurant employees shall park their vehicles in the off-site parking area. 8. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 9. That a minimum of one parking space/ 40 sq.ft. of "net public area" shall be provided for the restaurant use. 10. That any proposed landscaping adjacent to the public right-of-way be approved by the Public Works Department. 11. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, and the approval of the Planning Department. City Council - 6. 12. The valet parking service shall not preclude the use of a portion of the independently accessible spaces by patrons wishing to park their own car. The self -park spaces shall be clearly designated. 13. That a maximum credit of four parking spaces shall be given for the proposed four guest dock facilities. Should the guest docks be used for any use other than guest docks for the restaurant, the owner shall be required to provide four parking spaces in a location meeting the approval of the Planning Commission, or reduce the net public area of the restau- rant accordingly after 5:00 p.m. 14. That live entertainment in the restaurant shall be limited to a duo or trio, and shall be permitted only within the building with windows closed during performances. 15. That the Planning Commission may add/or modify conditions of approval to this use permit for the restaurant use, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. That a minimum of one parking space/ 250 sq.ft. of net floor area for office use and one parking space per 250 sq.ft. gross floor area for retail use shall be provided in conjunction with the proposed development. 17. That project shall be so designed to eliminate light and glare spillage on adjacent uses. All parking lot lighting shall be subject to the approval of the Planning Department. 18. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants, Conditions and Restrictions which may be recorded against the property. Disclosure Statement The Lessee herein, his heirs, successors and assigns acknowledge that: a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such services; b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; c) The City of Newport Beach will continue to oppose additional commercial air service expansions at the John Wayne Airport; d) Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. 19. That the final design of on-site vehicular and pedestrian circulation be reviewed and approved by the Public Works Department and the Planning Department prior to the issuance of the grading permit. T TO: City Council - 7. 20. Handicap and compact parking spaces shall be designated by a method approved by the City Traffic Engineer. 21. The layout of the surface and structure parking shall be subject to further review and approval of the City Traffic Engineer. 22. That the applicant record a Covenant, the form.and content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to a limitation of 0.80 times the buildable area on the two parcels which make up the subject property in considera- tion for the granting of the use permit to exceed the basic height limit. This Covenant shall continue in effect until such time as the Newport Beach Planning Commission, or the City Council on review, authorizes additional development beyond this limitation by approval of a Use Permit. 23. That a minimum clear setback of 45 feet be provided on the easterly property line. 24. The public access easements shall have a minimum clear width of ten feet. In addition, any structural encroachments over said easements shall be cantilevered and absent any vertical means of support. The height and design of any such cantilever shall be subject to the review and approval of the Planning Director to ensure maximum light and feeling of openness. Additionally, the structural area on the ground floor where it interfaces with the public easement shall be designed and landscaped in such a way as to enhance, beautify and otherwise encourage the public use and enjoyment of the easement. 25. That boat deliverly to .the site be permitted only if an adequate median for Coast Highway can be designed to the satisfaction of the Public Works Department. 26. The gross structural area. of the building at 2901 West Coast Highway shall not exceed 0.95 times the buildable area of the site. 27. That 40% of all use area both within and outside of the building on the site, excluding the area devoted to the restaurant use, shall be incentive uses as provided in the Newport Beach Local Coastal Program. 28. That the applicant shall record a Covenant, the form and content of which is acceptable to the Planning Director and City Attorney, binding the applicant and its successor in interest in perpetuity, limiting the use of the area described in Condition No. 27 above to uses satisfying the incentive use provisions of the certified Newport Beach Local Coastal Program. 29. That the hours of operation of the restaurant shall be subject to the review and approval of the Planning Director. 30. That all improvements be constructed as required by ordinance and the Public Works Department. 31. That a standard use permit agreement and accompanying surety be provided to guarantee satisfactory completion of the public improvements if it is desired to obtain a building permit prior to completion of the public improvements. o City Cou�il - 8. of 32. That each building be served with individual water services and sewer laterals to the public water and sewer systems unless otherwise approved by the Public Works Department. 33. That access to the site and the on-site parking, vehicular circulation and pedestrian circulation systems be subject to further review and approval by the Traffic Engineer. 34. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be revised and/or upgraded as necessary, in conformance with the recom- mendation of the condition survey and to the satisfaction of the Building Department .and Marine Department to allow the construction on a under- ground parking structure adjacent to the bulkhead. The top of the bulk- head is to be a minimum of elevation 9.00 above M.L.L.W. (6.27 MSL). 35. That the applicant shall agree that the proposed development will not increase the need for on -street parking along West Coast Highway and that the applicant agrees not to contest the removal of parking for the re - striping or widening of West Coast Highway on the ground of loss of on -street parking. 36. That the landscaping plan be designed to provide sight distance for both vehicles on the street and bicycles on the sidewalk. The plans shall be approved by the City Traffic Engineer. 37. That the unused drive depressions on West Coast Highway be removed and replaced with curb, gutter and sidewalk; that the existing non-standard 12 foot wide sidewalk and curb and gutter along the West Coast Highway frontage be constructed along with relocating the existing catch basin and approximately 60 feet of curb that is set back approximately 6 feet behind curb line; that the drive aprons along West Coast Highway be constructed per City Std. 166-L; that the existing telephone lines along the West Coast Highway frontages of the site be undergrounded; and that all work be completed under an encroachment permit issued by the California Department of Transportation. 38. That a 10 -foot -wide easement be granted to the City along the bay frontage so as to provide unobstructed public access across the entire project. Said easement shall be improved with a concrete sidewalk or other mate- rials meeting the approval of the Public Works and Planning Departments. 39. That a 10 -foot -wide storm drain easement be dedicated to the City along the westerly property lines; and that a storm drain line -having a maximum diameter of 36 inches be installed within the easement, with the cost of the storm drain to be borne by the City except for the proportioned cost attributable to site drainage, which shall be borne by the developer. The storm drain may be installed on hangers inside the proposed parking structure. The design of the structure shall include provision for attaching the necessary supports, and the project architect shall work with the Public Works Department to ensure a satisfactory design. The storm drain easement or right-of-way document shall convey sufficient .rights to enable the City to construct, maintain, and operate the drain; including access across the property to the easement. The document may City Council - 9. include language holding the developer harmless from any liability due to the operation of the City storm drain. That a ten foot wide public access easement be provided along the westerly side of the project from the bay to approximately 110 feet towards West Coast Highway in order to tie into the access easement on the adjacent property. 40. That a 12 -foot -radius corner cutoff at the corner of Riverside Avenue and Avon Street be dedicated to the City prior to issuance of any building permits. 41. That 7 -foot -wide sidewalk be constructed along the Avon Street frontage; that 12 -foot -wide sidewalk be constructed along the Riverside Avenue frontage; that the curb return be reconstructed with a 25 -foot -radius and . a curb access ramp at the corner of Riverside Avenue and Avon Street; that an access ramp be constructed at the alley; and that the deteriorated portions of curb, gutter and drive depressions along Avon Street be reconstructed. 42. Prior to the issuance of building permits, the applicant shall provide an estimate of the potential for subsidence during subterranean phases of construction, and shall identify potential impacts of any subsidence on surrounding structures and other improvements to the satisfaction of the Planning and Building Departments of the City of Newport Beach. 43. If found necessary by the City of Newport Beach, based upon geotechnical information described above, the project applicant will be required to monitor the extent of subsidence during excavation and throughout de- watering ,of the site through placement of appropriate testing devices under the supervision and surveillance of a qualified soils engineer. 44. If found necessary by the City of Newport Beach, based upon geotechnical information described above, the project applicant will be required to enter into an agreement and post a bond guaranteeing the repair of the public street system, utilities or other public property that might be damaged during the dewatering excavation process as well as other con- struction phases. 45. If found necessary by the City of Newport Beach, based upon geotechnical information described above, the applicant will be required to enter into an agreement and provide a policy of insurance guaranteeing the repair of all damage to private property caused by the dewatering excavation process as well as other construction phases. 46. Prior to the issuance of building permits, a National Pollutant Discharge Elimination System (NPDES) permit shall be obtained from the Santa Ana Regional Water Quality Control Board. 47. Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach and the Santa Ana Regional Water Quality Control Board. 48. Suspended solids (sand) shall be separated from extracted water in accor- dance with applicable water quality standards and disposed of at a loca- tion approved by the City of Newport Beach. Tp: City Co, ail - 10. 49. Provision shall be made, as necessary, for the treatment of hydrogen sulfide (H 2S) to comply with water quality standards and to control odors from the dewatering processes. 50. Drainage facilities and architectural features shall be designed to prevent runoff from entering the garage structure, to keep the garage floor slab dry from seepage and to remove oil and grease from wastewater prior to disposal to public drains. 51. Facilities for boat hauling and repair shall be designed in a manner to minimize the introduction of pollutants into Newport Bay to the satis- faction of the City of Newport Beach and the Santa Ana Regional Water Quality Control Board. 52. A system of barriers and overhead protection will be required during construction to prevent debris from falling into Newport Bay or onto adjacent property and streets, and to protect pedestrian and bicycle circulation routes. 53. No street closures will be allowed during construction. 54. Excavations will be shored by sheet piling placed by a method approved by the Planning and Building Departments of the City of Newport Beach. 55. A system of well points will be utilized to dewater the site for con- struction purposes. Additional well points will be placed in the center of the excavation to prevent a "quick" conditions from developing during construction. 56. The relocation of public utilities will be coordinated and approved by local utility companies and public agencies, as appropriate. 57. Hours of construction involving truck operations will be limited to 9:00 a.m. to 3:00 p.m. weekdays, 8:00 a.m. to 6:00 p.m. Saturday, and 10:00 a.m. to 6:00 p.m. Sundays. 58. All construction equipment and materials shall be stored on-site in a. screened, fenced area. 59. The perimeter of the project site shall be fenced to insure public safety. 60. A temporary eight foot wide pedestrian/bicycle walkway shall be provided at all times along West Coast Highway during the construction process. 61. Signing and lighting shall be provided for the benefit of pedestrian and bicycle circulation with the approval of the City of Newport Beach Plan- ning Department. 62. Truck traffic generated by site excavation, dewatering and concrete pouring operations shall be routed in a manner approved by the City of Newport Beach Planning, and Public Works Department. 63. Construction workers and other personnel shall be directed to utilize parking located on Site B (Riverside Avenue and Avon Street) during project construction. �+�, t fTp: City CoU C11 - 11. 64. A waiver of City noise abatement regulations will be required in order to ` allow site dewatering and pouring of the basement slab. 65. If determined necessary by the City of Newport Beach Building Department, noise producing equipment will be enclosed by barriers or baffled to reduce noise impacts. 66. Development of the site shall be subject to a grading permit to be ap- proved by the Building and Planning Departments. 67. A grading plan will include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other weather pollutants. 68. The grading permit will include a description of haul routes, access points to the site, and watering and sweeping programs designed to mini- mize impacts of haul operations. 69. An erosion, siltation, and dust control plan shall be submitted and be subject to approval by the Building Department and a copy will be for- warded to the California Regional Water Quality Control Board, Santa Ana Region. 70. Grading shall be conducted in accordance with plans prepared by a civil engineer and based on recommendations of a soils engineer and an engineer- ing geologist subsequent to completion of a comprehensive soils and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard -size sheets shall be fur- nished to the Building Department. 71. The Fire Department shall review design plans to ensure adequate access and emergency exits. 72. The provision of adequate fire flow shall be reviewed by the Fire Depart- ment. 73. Structures shall be equipped with fire suppression systems as required by Code. 74. That the valet drop-off driveway be a minimum of 45 foot radius, with the proposed planter/fountain a maximum 12 foot radius. 75. Final design of the project shall provide for the incorporation of water - saving devices for lavatories and other water -using facilities. 76. Prior to the issuance of any building permits, a program for the sorting of recyclable material form other solid wastes shall be developed and approve by the Planning Department. 77. The final layout and composition of surface and subterranean parking shall be subject to the review and approval of the City Traffic Engineer and the Planning Department. 78. Handicap and compact parking spaces shall be designated by a method approved by the City Traffic Engineer and the Planning Department. The quantity and design of such spaces shall comply with City Codes. tp: City Council - 12. 79. Parking arrangements during the construction period shall be approved by the City Planning Department and the Traffic Engineer prior to the issu- ance of any grading and/or building permits. 80. All onsite drainage shall be approved by the City Public Works Department. 81. The project shall contribute to Fair -Share for circulation system improve- ments and noise walls, to be established by Ordinance adopted by the City Council. 82. A weekly cleanup program around the docks and public sidewalks shall be conducted on a regular basis. During construction, basins or other devices shall be installed to prevent waste from entering Newport Bay. 83. Prior to the issuance of building permits, a comprehensive soils and foundation study will be prepared and approved by the Planning and Build- ing Departments of the City of Newport Beach. 84. All buildings will conform to the Uniform Building Code and the City's seismic design standards. 85. The project is located within the Coastal Zone and will require State Coastal Commission approval, in addition to all necessary City approvals. 86.i An Army Corps of Engineers permit (in addition to a Harbor Permit) shall be obtained prior to any alteration of bulkheads. 87. Any mechanical equipment and emergency power generators shall be screened from view, and noise associated with said structures shall be sound - attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a qualified acoustical engineer and approved by the Building Department. 88. Prior to the occupancy of the building, the applicant shall provide written verification from Orange County Sanitation District No. 5 that adequate sewer capacity is available to serve the project. 89. That a tentative parcel map be filed. Background At its meeting of April 23, 1984, the City Council called up for review the Traffic Study and Use Permit No. 3086 for this project so as to discuss these items with the requested Harbor Permit No. 128-2901 on May 29, 1984. Analysis The applicant is requesting these approvals in order to construct a 49,460 sq.ft. restaurant, retail commercial, office commercial and boat yard facility on the site of the existing Rosan Industries at 2901 West Coast Highway. TO: City Council - 13. Traffic Study and Use Permit No. 3086 The project approved by the Planning Commission was revised significantly from the project originally proposed by the applicant. Major features of the approved project include: 1. Satisfaction of LCP incentive use provisions by a boat yard and marine service retail uses on the ground floor level. 2. Satisfaction of the criteria to exceed the basic height limit by provision of a minimum 45 ft. wide view corridor on the easterly property. 3. Provision of public access to the water via ten foot wide access corridors on the bay and westerly property line. The second floor of the structure has been permitted to encroach over the public access easement on the bay to the property line (U.S. Bulkhead Line). Subsequent to submittal of the revised project, the primary issue which remained was the second floor overhang of the public access easement. The Planning Commission approved the applicant's request, subject to the following Condition: "The public access easements shall have a minimum clear width of ten feet. In addition, any structural encroachments over said easements shall be cantilevered and absent any vertical means of support. The height and design of any such canti- lever shall be subject to the review and approval of the Plan- ning Director to ensure maximum light and feeling of openness. Additionally, the structural area on the ground floor where it interfaces with the public easement shall be designed and land- scaped in such a way as to enhance, beautify and otherwise en- courage the public use and enjoyment of the easement." Staff suggests that, in addition to this Condition, the following Findings be added to the action on Use Permit No. 3086: 22. That any structural encroachment over the public access ease- ment will be cantilevered and absent any vertical means of support. 23. That any structural encroachment over the public access ease- ment will be designed in such a manner as to ensure the maxi- mum feeling of light and openness, and that the structural area on the ground floor where it interfaces with the public easement will be designed and landscaped to enhance, beautify and encourage the public use and enjoyment of the easement. 24. That the southerly exposure of the public access easement results in sufficient light and warmth within the easement to allow a structural floor area over the easement. 6 TO: City Council - 14. Harbor Permit No. 128-2901 Subsequent to the Planning Commission approval of the project (including the second floor encroachment over the public access easement), the applicant contacted the Marine Department regarding permits necessary to allow an eave to encroach over the public tidelands area. The Harbor Permit Policies in the City Council Policy Manual (H-1) govern the issuance of Harbor Permits by the Marine Department. The Harbor Permit Policies state: "Only piers and floats and their appurtenances shall be permitted between the bulkhead and pierhead lines." Since the Marine Department can issue only Harbor Permits which are consistent with the Harbor Permit Policies, approval of the City Council is required for the applicant's request. The Marine Department has studied the proposal (see attached memo) and has provided the following information: 1. The State Land Commission in Sacramento believes this use would not be . inappropriate, but that the City should issue a permit for the use. 2. Approval of the request could set a precedent for tidelands use which is inconsistent with the recreational use of the harbor, in that boating use could be limited thereby. 3. A Harbor Permit is revocable at any time. A building eave is a permanent structure which is not easily removed. 4. Should the City approve the use, it is required that a fair and reasonable rate be charged for the use of public tidelands, perhaps in the nature of an annual lease. The Tidelands Affairs Committee of the�City Council reviewed the request on May 17, 1984. After reviewing the plans for the building, the Committee determined to recommend to the City Council that the applicant's request for an eave overhang encroachment bayward of the U.S. Bulkhead Line not be allowed. The Committee had no objection to the second floor of the building being constructed over the public access easement to the U.S. Bulkhead Line. However, it was felt that if an eave is desired, the adjustment should be made in the amount of floor area cantilevered over the easement, rather than by an eave encroachment over the public tidelands. Should the City Council concur with the recommendation of the Tidelands Affairs Committee, the following Condition should be added to Use Permit No. 3086: 90. No part of the building or eave shall encroach over public tidelands area. City Cot :il - 15. Attached for the information and review of the City Council is an excerpt of the Planning Commission minutes of April 19, 1984, and a copy of the Planning Commission staff report which describes the applicant's request. Respectfully submitted, JAMES D. HEWICKER Planning Director byGC'UG( PATRICIA.LEE TEMPLE Environmental Coordinator PLT/kk Attachments for City Council Only: 1. April 30, 1984 memo from Marine Department - 2. Excerpt from the Planning Commission Minutes of April 19, 1984 3. Planning Commission Staff Report with attachments 4. Supplemental Planning Commission Staff Report with attachments 5. Initial Study 6. Plans and Elevations MLVR- TO : s FROM: SUBJECT: CITY OF NEWPORT BEACH Marine Department JIM HEWICKER Marine Department ROSAN REDEVELOPMENT, USE PERMIT 3086 �EC'cIVEt7 \ anning F D. '3rtment Q Fh'f 1 1984i - ()i CITY cr { r hE1•ipchT 3 H, CALIF. 6 On 4/23 and 4/25/84 I received telephone calls from Andy Anderson and his architect regarding the possibility of cantilevering approximately 175 feet of the second story roof eave of his project six feet over the U.S. Bulkhead line. Newport Beach Municipal Code § 1724.010 requires that a permit be issued for this.type of construction. Typically these permits have been issued by the Marine Department generally for pier floats and bulkheads. On April 24 I contacted the State Lands Commission in Sacramento and discussed this type of use of the tidelands. They felt it would not be an inappropriate use, but that some form of permit should be issued by us. We could issue a Harbor Permit by Council policy. It would require City Council approval, since it is in an area zoned commercial and in addition to this it would require approval from the Coastal Commission, the Army Corps of Engineers and the State Lands Commission. It might be more appropriate, if it was felt by all concerned that this encroach- ment be allowed, that it be considered in the.use permit process, with input from the Marine Department, since our concerns would more than likely be secondary to those of the Planning Department when looking at the project as a whole. With this in mind, we submit the following: 1. By Council policy the only structures allowed bayward of the U.S. Bulkhead line are piers and floats. 2. This could set a'precedent for tidelands use inconsistent with the recreational nature of the harbor, in that boating use could be limited thereby. 3. A Harbor Permit is permissive and can be revoked at any time. Although this has not been done recently, a revocable permit might be inappropriate for this type of use. 4. The State Lands Commission required that the City charge a fair and reasonable rate for commercial tidelands use. Our current rate of 82 cents per foot per year is based mainly on rental or leasing of pier and slip space to boat owners. An encroachment such as that suggested by the applicant may require a separate fee, more related to an annual lease. If I can be of further assistance in this matter, please call. Tony Melum, T4de ands Administrator TM: db 1b STATE OF CALIFORNIA --STATE LANDS COM, ,SSION GEORG STATE LANDS COMMISSION 1807 13TH STREET r SACRAMENTO, CALIFORNIA 95814 May 17, 1984 File Ref.: SD 84-05-07 Mr. Gregory Castle 853 Camino Del Mar Del Mar, California 92014 Dear Mr. Castle: Subject:u' dine Bulkhead and Docking Facilities at Y-920.1 West Coast Highway, Newport Beach, California. The Staff of the State Land Commission has received your letter dated May 1, 1984 and copies of the permit drawing, together with the Negative Declaration prepared by the City of Newport Beach, relative to the proposed construction and repair of the above-mentioned facilities in Newport Beach. This is to advise that the tide and submerged lands over which the proposed boat slips and piers will extend are sovereign lands of the State of California that the Legislature granted in trust to the City of Newport Beach. Therefore, you need not apply to the State Lands Commission for project authori- zation. However, in addition to obtaining a permit from Newport Beach, you should also apply to all other agencies having approval authority. The proposed building, boatyard and bulkhead appear to be located outside this Commission's jurisdiction. This action does not constitute,..nor shall it be construed as a waiver of any right,.title, or interest by the State of California in any lands under its.jurisdiction. Very truly yours, JUDY LUDLOW Granted Lands Representative (916) 445-7134 JL:rm cc: California Coastal Commission South Coast District 245 West Broadway, Suite 380 Long Beach, California 90802 Robert L. Wynn, City Manager ity of Newport Beach City Hall 3300 Newport.Boulevard Newport Beach, California 92660 Application No. 84 -126 -RA 126 Nameof Applicant Senator D.G. Anderson Effective Date Expiration Date (If applicable) DEPARTMENT OF THE ARMY PERMIT Referring to written request dated May 3P 1984 for a permit to: (X) Perform work in or affectint navigable waters of the United States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C. 403); (X) Discharge dredged or fill material into waters of. the United States upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Clean Water Act (33 U.S. C. 1344); 1 ) Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Actof 1972(86Stat. 1052; P.L. 92-532); Senator D.G. Anderson 638 Keeamoku Street Honolulu, Hawaii 96814 is hereby authorized by the Secretary of the Army: to (a) construct a precast concrete sheet -pile bulkhead immediately in front of an existing deteriorated wooden bulkhead (b) remove eight boat slips and 18 wooden piles (c) install eight new boat slips and drive 18 prestressed concrete guide piles (d) install two reinforced concrete runways, supported by 16 prestressed concrete piles, (e) relocate an existing mobile boat hoist to new concrete runways, and (f) discharge about 105 cubic yards of imported fill in a mobile boat hoist area (300 sq. ft.)/// in Newport Bay, Pacific Ocean/// at 2901 West Pacific Coast Highway, city of Newport Beach, county of Orange, State of California/// in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit (on draw- ings, give file number or other definite identification marks.) "84 -112 -RA" Sheets 1 through 4 Date: May 1, 1984 subject to the following conditions: 1. General Conditions: a. That all activities identified and authorized herein shall b- consistent with the terms and conditions of this permit; and that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General Conditions j or k hereto, and in the institution of such legal proceedings as the United States Govern. ment may consider appropriate, whether or not this permit has been previously modified, suspended or revoked in whole or in part. ENG FORM 1721, Sep 82 EDITION OF 1 JUL 77 IS OBSOLETE (ER 1145-2-M) b. That all activities authorized herein shall, if they involve, during their construction or operation, any discharge of pollutants into waters of the United States or ocean waters, be at all times consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, pretreatment standards and management practices establish- ed pursuant to the Clean Water Act (33 U.S.C. 1344), the Marine Protection, Research and Sanctuaries Act of 1972 (P.L. 92-532, 86 Stat. 1052), or pursuant to applicable State and local law. c. That when the activity authorized herein involves a discharge during its construction or operation, or any pollutant (including dredged or fill material), into waters of the United States, the authorized activity shall, if applicable water quality stan- dards are revised or modified during the term of this permit, be modified, if necessary, to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implementation plan contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances. d. That the discharge will not destroy a threatened or endangered species as identified under the Endangered Species Act, or endanger the critical habitat of such species. e. That the permittee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife, and natural environmental values. f. That the permittee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimize any degradation of water quality. g. That the permittee shall allow the District Engineer or his authorized representative(s) or designee(s) to make periodic in- spections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance with the terms and conditions prescribed herein. h. That the permittee shall maintain the structure or work authorized herein in good condition and in reasonable ac- cordance with the plans and drawings attached hereto. i. That this permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations. j. That this permit does not obviate the requirement to obtain state or local assent required by law for the activity authoriz- ed herein. k. That this permit may be either modified, suspended or revoked in whole or in part pursuant to the policies and pro- cedures of 33 CFR 325.7. 1. That in issuing this permit, the Government has relied on the information and data which the permittee has provided in connection with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be materially false, materially incomplete or inaccurate, this permit may be modified, suspended or revoked, in whole or in part, and/or the Government may, in addition, institute appropriate legal proceedings. m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United States. n. That the permittee shall notify the District Engineer at what time the activity authorized herein will be commenced, as far in advance of the time of commencement as the District Engineer may specify, and of any suspension of work, if for a period of more than one week, resumption of work and its completion. o. That if the activity authorized herein is not completed on or before day of I , 191 Y I _/Z , (three years from the date of issuance of this permit unless otherwise specified) this permit, if not previously revoked or specifically extended, shall automatically expire. p. That this permit does not authorize. or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. q. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition t hereof, he must restore the area to a condition satisfactory to the District Engineer. r. That if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. a. That there shall be no unreason, interference with navigation by the existence use of the activity authorized herein. L That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with all terms and conditions of this permit or by the transferree subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addi- tion, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official. u. That if the permittee during prosecution of the work authorized herein, encounters a previously unidentified ar- cheological or other cultural resource within the area subject to Department of the Army jurisdiction that might be eligible for listing in the National Register of Historic Places, he shall immediately notify the district engineer. 11. Special Conditions: (Here list conditions relating specifically to the proposed structure or work authorized by this permit): a. That the estuarine habitat value loss (300 square feet) due to the permitted filling operation shall be offset by the construction, on not less than one for one by area basis, of new intertidal and subtidal habitat in Upper Newport Bay Ecological Reserve, in consultation and by agreement with the California Department of Fish and Game. Said habitat construction shall be conducted in advance of or concurrently with the permitted filling operation. b. That the permittee shall notify the Commander (can) 11th Coast Guard District, Union Bank Building, 400 Oceangate, Long Beach, CA 90822, (213) 590-2222 at least 2 weeks prior to start of the activity and 30 days if buoys are to be placed. C. That prior to starting the activities authorized herein, they shall be authorized by a permit issued pursuant to the California Coastal Act of 1976, as amended. d. That the permittee shall contact Ms. Darbara Hauser, Southern California Edison Company Customer Service Office, at (714) 895-0221 prior to commencement of the activities authorized herein. 3 The following Special Conditions will be applicable when appropriate: STRUCTURES IN OR AFFECTING NAVIGABLE WATERS OF THE UNITED STATES: a. That this permit does not authorize the interference with any existing or proposed Federal project and that the permittee shall not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. b. That no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this permit. c. That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittee. d. That the permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the authorized structure or work, shall, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waterway to its former conditions. If the permittee fails to com- ply with the direction of the Secretary of the Army or his authorized representative, the Secretary or his designee may restore the waterway to its former condition, by contract or otherwise, and recover the cost thereof from the permittee. e. Structures for Small Boats: That permittee hereby recognizes the possibility that the structure permitted herein may be subject to damage by wave wash from passing vessels. The i"uance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and the permittee shall not hold the United States liable for any such damage. MAINTENANCE DREDGING: a. That when the work authorized herein includes periodic maintenance dredging, it may be performed under this permit for None years from the date of issuance of this permit (ten years unless otherwise indicated); b. That the permittee will advise the District Engineer in writing at least two weeks before he intends to undertake any maintenance dredging. DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES: a. That the discharge will be carried out in conformity with the goals and objectives of the EPA Guidelines established pur- suant to Section 404(b) of the Clean Water Act and published in 40 CFR 230; b. That the discharge will consist of suitable material free from toxic pollutants in toxic amounts. c. That the fill created by the discharge will be,properly maintained to prevent erosion and other non -point sources of pollu- tion. DISPOSAL OF DREDGED MATERIAL INTO OCEAN WATERS: a. That the disposal will be carried out in conformity with the goals, objectives, and requirements of the EPA criteria established pursuant to Section 102 of the Marine Protection, Research and Sanctuaries Act of 1972, published in 40 CFR 220- 228. b. That the permittee shall place a copy of this permit in a conspicuous place in the vessel to be used for the transportation and/or disposal of the dredged material as authorized herein. This permit shall become effective on the date of the District Engineer's signature. Permittee hereby accepts and agrees to comply with the terms and conditions of this permit. PERMITTEE DATE BY AUTHORITY OF THE SECRETARY OF THE ARMY: DATE DISTRICT ENGINEER, U.S. ARMY, CORPS OF ENGINEERS Transferee hereby agrees to comply with the terms and conditions of this permit. TRANSFEREE DATE 4 U.S. GOVERNMENT PRINTING OFFICE : 1983 0 - 401-534 Jul (;s) a - t J� Vt/1N r 1 Njdp o�rG.�.l.� �v�.�►.r�-, Mai 1 1'}t�4 N f�-Fff �i \ W. tN Iry , *►cl Hw{ r- 1 IL ro.Nj ar-Te c , , I I! � r FILL MOBILE 15CATil HOIST AREA �I ( 300 sq. F r)WITH APPRC)Y-,. 105 Cu3:c YPqo; OF 1MPOR7EJ F1:L ! naps Viol � J � ❑ O O l,�:i� o , YIP4 2. ef 4�- ,' -ill -RA '�toP � d �.-��►�+ LGL. -F� °'. cv h'��►.� Lore __ 'I 1&Ldi II li II I I I II II ii II II II li II it 11 it I i � � � �{-i �'� _�� l k1. Gcrs4T �I hJ�{ . .�o�'�, }�. l.d►� d;p � p•k Ar 84 -112 -RA 1 11 .lO%Op i i I. lv-o 'a. -7cc Wet, II. i II l� l ----------------- r -o PSG% toii�-�, �✓ I I � 54-�►2-Rq -/Z.= CITY OF NEWPORT BEACH Marine Department April 30, 'r�J84 TO: JIM HEWICKER FROM: Marine Department SUBJECT: ROSAN REDEVELOPMENT, USE PERMIT 3086 On 4/23 and 4/25/84 I received telephone calls from Andy Anderson and his architect regarding the possibility of cantilevering approximately 175 feet of the second story roof eave of his project six feet over the U.S. Bulkhead line. Newport Beach Municipal Code.ss 1724.010 requires that a permit be issued for this type of .construction. Typically these permits have been issued by the Marine Department generally for pier floats and bulkheads. On April 24 I contacted the State Lands Commission in Sacramento and discussed this type of use of the tidelands. They felt it would not be an inappropriate use., but that some form of permit should be issued by us. We could issue a Harbor Permit by Council policy. It would require City Council approval, since it is in an area zoned commercial and in addition to this it would require approval from the Coastal Commission, the Army Corps of Engineers and the State Lands Commission. It might be more appropriate, if it was felt by all concerned that this encroach- ment be allowed, that it be considered in the use permit process, with input from the Marine Department, since our concerns would more than likely be secondary to those of the Planning Department when looking at the project as a whole. With thio in mind, we submit the following: 1. By Council policy the only structures allowed bayward of the U.S. Bulkhead line are piers and floats. 2. This could set a precedent for tidelands use inconsistent with the recreational nature of the harbor, in that boating use could be limited thereby. 3. A Harbor Permit is permissive and can be revoked at any time. Although this has not been done recently, a revocable permit might be inappropriate for this type of use. 4. The State Lands Commission required that the City charge a fair and reasonable rate for commercial tidelands use. Our current rate of 81-2 cents per foot per year is based mainly on rental or leasing of pier and slip space to boat owners. An encroachment such as that suggested by the applicant may require a separate fee, more related to an annual lease. If I can be of further assistance in this matter, please call. Tony Melum, T4de ands Administrator TM: db City Council Meeting May 29, 1984 Agenda Item No. D-3 CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: Public hearing and City Council review of: HARBOR PERMIT NO. 128-2901 - Request to revise a previously - approved harbor permit so as to allow a 7.5t ft. eave overhang within the public tidelands area bayward of the U.S. Government bulkhead line at 2901 West Coast Highway; t i•7 TRAFFIC STUDY Request to consider a traffic study in con- junction with the construction of a multiple use development containing 49,460± sq.ft. of gross floor area; kX'V9] USE PERMIT NO. 3086 - Request to permit the construction of a multiple use development on property located in. the "Recreation Marine Commercial" area of the Mariners' Mile Specific Plan area. The proposal includes: a request to construct a building which exceeds the 26 ft. basic height limit in the 26/35 Foot Height Limitation District and exceeds 0.5 times the buildable area of the site; a request to establish a restaurant with on -sale alcoholic beverages and live entertainment; a request to permit non -marine related professional and business office type uses; a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces for a portion of the required off-street parking requirement; a request to allow the use of an off-site parking location for a portion of the required off-street parking; and the acceptance of an environmental document. APPLICANT: Senator D. G. Anderson, Honolulu OWNER: Same as Applicant Applications The applicant has requested approval of a Traffic Study and a Use Permit to allow construction of a 49,460 gross square foot restaurant, retail commercial, office commercial and boat yard facility in the Recreation and Marine Commercial District of the Mariners' Mile Specific Area Plan (SP -5). Also requested is an amendment to an existing Harbor Permit to allow a use inconsistent with the Harbor Permit Policies. A Traffic Study is required by any development of 10,000 sq.ft. or more. A Use Permit is required for the following proposals: Construction of a building which exceeds the basic height TO City Council - 2. limit in the 26/35 Foot Height Limitation District and exceeding 0.5 times the buildable area of the site; establishment of a restaurant facility with on -sale alcoholic beverages and live entertainment; establishment of general purpose business and professional offices; a modification to the Zoning Code so as to allow the use of compact and. tandem parking spaces for a portion of the required off-street parking; and the use of an off-site parkir..g location for a portion of the required off-street parking. An amendment to an existing Harbor Permit is also requested to allow construction of the building with an eave overhang which encroaches 7.5± feet into the public tidelands area.bayward of. the U.S. Government bulkhead line. Acceptance of an environmental document is ;also requested. Procedures for acceptance of a Traffic Study are contained in Chapter 15.40 of the Municipal Code. Use Permit procedures are in Chapter 20.80 of the Code, and the criteria to exceed the basic height limit is inSection 20.02.040 of the Code. Harbor Permit procedures are contained in Council Policy H-1. ?Suggested Action Hold hearing; close hearing; if desired, 1. Sustain or modify the recommendations of the Tidelands Affairs Committee and the Planning Commission in regards -to Harbor Permit.No. 128-2901, the Traffic Study, Use Permit No. 3086, and the acceptance of the environ - .mental document; OR 2: Continue the public hearing; OR 3. Deny the project. Planning Commission Action The Planning Commission reviewed the proposed project on March 22 and April 19, 1984, and voted (6 Ayes, 1 Absent) to approve the Traffic Study and Use Permit No. 3086, and to accept the environmental document. The Findings and Conditions of Approval are listed below. The Planning Commission had no jurisdiction to rule on the Harbor Permit. A. ENVIRONMENTAL DOCUMENT ;.1. Approve the Negative Declaration and supportive materials thereto; and 2. Make the Findings listed below: FINDINGS: 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), the State EIR Guidelines and City Policy. 2. That the contents of the environmental document have been considered in the various decisions on .this project... TO: City Council - 3. 3. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the proposed project; 4. That the mitigation measures identified in the Initial Study have been .incorporated into the proposed project and are expressed as Conditions of Approval; 5. That based upon the information contained in the Initial Study, Negative Declaration and supportive materials thereto that if the mitigation measures are incorporated into the project it will not have a significant adverse impact on the environment. The Findings made in regard to the Environmental Document described above also ;apply to the action taken on the Traffic Study and Use Permit No. 3086. B. TRAFFIC STUDY FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed .project. on the peak -hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the project -generated traffic will neither cause nor make, worse an unsatisfactory level of traffic on any 'mayor', 'primary -modified', or 'primary' street. 3. That the Traffic Study indicates that the project -generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on any leg of two critical intersection, but will not add to an unsatisfactory level of traffic service at the critical intersections which will have an Intersection Capacity Utilization of .90 or less. CONDITION: 1. The project shall contribute to Fair Share for Circulation System improvements and noise walls, to be established by ordinance adopted by the City Council. C. USE PERMIT NO. 3086 FINDINGS: 1. The increased building height will result in.more public visual open space and views than is required by the basic height limit. 2. The increased building height will result in a more desirable architec- tural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. 3. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing developmentsor public -spaces. TO: City Council - 4. 4. The structure will have no more floor area than could have been achieved without the use permit for the building height. 5. The development will provide for both public physical and visual access to the bay within the limits that public safety is insured and private property protected. 6. That the design of the development or the proposed improvements will not - conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 7. That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. S. The proposed restaurant will not have any significant environmental impact, providing that parking demands are met. 9. The Police Department has° indicated that they do not contemplate any problems. 10. The off-site parking area is located so as to be useful to the proposed restaurant use. 11. Parking on such off-site lot will not create undue traffic hazards in the surrounding area. 12. That the restaurant site and the off-site parking area are in the same ownership. 13. That the hours of operation of the proposed restaurant facility, boat yard, office and retail uses are such as to allow joint use of the on-site and off-site parking areas. 14. The proposed number of compact car spaces constitutes 24% (twenty-four percent) of the parking requirements which is within limits generally accepted by the Planning Commission relative to previous similar applica- tions. ,15. The proposed use of (tandem and compact car spaces, and a valet parking service) will not,, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modifica- tion is consistent with the legislative intent of Title 20 of this Code. 16. The project will comply with all applicable City and State Building Codes and Zoning requirements for. new building applicable to the district in which the. proposed project is located, except those items requested in conjunction with the proposed modifications. 17. The project lot size conforms to the Zoning Code area requirements. 18. That the proposed development will intensify the need for on-site, on - street and off-site parking in comparison to past and current uses of the development site. TO: City Council - 5. 19. That the City of Newport Beach has tentative plans to widen and/or re - stripe West Coast Highway which may result in loss of on -street parking and the applicant's proposed development adequately addresses anticipated parking needs for the permitted use. 20. That the proposed development will generate an increase in daily trips sufficient in magnitude to warrant a fair share assessment to mitigate the increased traffic congestion and traffic noise resulting from the cumu- lative affect of additional traffic generated by commercial and office development. 21. The approval of Use Permit No. 3086 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan, and elevations except as noted below. Z. That valet parking service be provided at all times during the restau- rant's hours of operation. 3. That all mechanical equipment and trash areas shall be screened from West Coast Highway and adjoining properties. 4. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the South Coast Air Quality Management Dis- trict. 5. That a washout area for the. restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not -into the Bay or the storm drains. 6. That grease interceptors shall be installed on all fixtures in the restau- rant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 17. That all restaurant employees shall park their vehicles in the off-site parking area. 8. That all proposed signs shall be in conformance with the provision of Chapter. 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 9. That a minimum of one parking space/ 40 ,sq.ft. of "net public area" shall be provided for the restaurant use. 10. That any proposed landscaping adjacent to the public right-of-way be approved by the Public Works Department. 11. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, and the approval of the Planning Department. a EST City Council - 6. 12. The valet parking service shall not preclude the use of a portion ofU'lthe independently accessible spaces by patrons wishing to park their own car. The self -park spaces shall be clearly designated. 13. That a maximum credit of four parking spaces shall be given for the proposed four guest dock facilities. Should the guest docks be used for any use other than guest docks for the restaurant, the owner shall be required to provide four parking spaces in a location meeting the approval of the Planning Commission, or reduce the net public area of the restau- rant accordingly after 5:00 p.m. 14. That live entertainment in the restaurant shall be limited to.a duo or trio, and shall be permitted only within the building with windows closed during performances. 15. That the Planning Commission may add/or modify conditions of approval to this use permit for the restaurant use, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to.the health, safety, peace, morals, comfort, or general welfare of the community. 16. That a minimum of one parking space/ 250 sq.ft. of net floor area for office use and, one parking space per 250 sq.ft. gross floor area for retail use shall be provided in conjunction with the.proposed development. 17. That project shall be so designed to eliminate light and glare, spillage on adjacent uses. All parking lot lighting shall be subject to the approval of the Planning Department. 18. The following disclosure statement of the City of Newport Beach's policy regarding the,John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall .be included in any Covenants, Conditions and Restrictions which may be recorded against the property. Disclosure Statement The Lessee herein, his heirs, successors and assigns acknowledge that: a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such services; b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; c) The City of Newport Beach will continue to oppose additional commercial air service expansions at the John Wayne Airport; d) Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. 19. That the final design of on-site vehicular and pedestrian circulation be _reviewed and approved by the Public Works Department and the Planning Department prior to the issuance of the grading permit. TO: City Council - 7. 20. Handicap and compact parking spaces shall be designated by a method approved by the City Traffic Engineer. 21. The layout of the surface and structure parking shall be subject to further review and approval of the City Traffic Engineer. 22. That the applicant record a Covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to a limitation of 0.80 times the buildable area on the two parcels which make up the subject property in considera- tion for the granting of the use permit to exceed the basic height limit. This Covenant shall continue in effect until such time as the Newport Beach Planning Commission, or the City Council on review, authorizes additional development beyond this limitation by approval of a Use Permit. 23. That a minimum clear setback of 45 feet be provided on the easterly property line. 24. The public access easements shall have a minimum clear width of ten feet. In addition, any structural encroachments over said easements shall be cantilevered and absent any vertical means of support. The height and design of any such cantilever shall be subject to the review and approval of the Planning Director to ensure maximum light and feeling of openness. Additionally, the structural area on the ground floor where it interfaces with the public easement shall be designed and landscaped in such a way as. to enhance, beautify and otherwise encourage the public use and enjoyment of the easement. 25. That boat deliverly to the site be permitted only if an adequate median for Coast Highway can be designed to the satisfaction of the Public Works Department. 26. The gross structural area of the building at 2901 West Coast Highway shall not exceed 0.95 times the buildable area of the site. 27. That 40% of all use area both within and outside of the building. on the site, excluding the area devoted to the restaurant use, shall be incentive uses as provided in the Newport Beach Local Coastal Program. 28. That the applicant shall record a Covenant, the form and content of which is acceptable to the Planning Director and City Attorney, binding the applicant and its successor in interest in perpetuity, limiting the use of the area described in Condition No. 27 above to uses satisfying the incentive use provisions of the certified Newport Beach Local Coastal Program. 29. That the hours of operation of the restaurant shall be subject to the review and approval of the Planning Director. 30. That all improvements be constructed as required by ordinance and the Public Works Department. 31. That a standard use permit agreement and accompanying surety be provided to guarantee satisfactory completion of the public improvements if it is desired to obtain a building permit prior to completion of the public improvements. TO: City Council - 8. 32. That each building be served with individual water services and sewer laterals to the public water and sewer systems unless otherwise approved by the Public Works Department. 33. That access.to the site and the on-site parking, vehicular circulation and pedestrian circulation systems be subject to further review and approval by the Traffic Engineer. 34. That a condition survey of the existing.bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be revised and/or upgraded as necessary, in conformance with the recom- mendation of the condition survey and to the satisfaction of the Building Department and Marine Department to allow the construction on a under- ground parking structure adjacent to the bulkhead. The top of the bulk- head is to be a minimum of elevation 9.00 above M.L.L.W. (6.27 MSL). 35. That the applicant shall agree that the proposed development will not increase the need for on -street parking along West Coast Highway and that the applicant agrees not to contest the removal of parking for the re - striping or widening of West Coast Highway on the ground of loss of on -street parking. '36. That the landscaping plan be designed to provide sight distance for both vehicles on the street and bicycles on the sidewalk. The plans shall be approved by the City Traffic Engineer. 37. That the unused drive depressions on West Coast Highway be removed and replaced with curb, gutter and sidewalk; that the existing non-standard 12 foot wide sidewalk and curb and gutter along the West Coast Highway frontage be constructed along with relocating the existing catch basin and approximately 60 feet of curb that is set back approximately 6 feet behind curb line; that the drive aprons along West Coast Highway be constructed per City Std. 166-L; that the existing telephone lines along the West Coast Highway frontages of the site be undergrounded; and that all work be completed under an encroachment permit issued by the California Department of Transportation. 38. That a 10 -foot -wide easement be granted to the City along the bay frontage so as to provide unobstructed public access across the entire project. Said easement shall be improved with a concrete sidewalk or other mate- rials meeting the approval of the Public Works and Planning Departments. 39. That a 10 -foot -wide storm drain easement be dedicated to the City along the westerly property lines; and that a storm drain line having a maximum diameter of 36 inches be installed within the easement, with the cost of the storm drain to be borne by the City except for the proportioned cost attributable to site drainage, which shall be borne by the developer. The storm drain may be installed on hangers inside the proposed parking structure. The design of the structure shall include provision for attaching the necessary supports, and the project architect shall.work with the Public Works Department to ensure a satisfactory. design. The storm drain easement or right-of-way document shall convey sufficient rights to enable the City to construct, maintain, and operate the drain; including access across the property to the easement. The document may TO: City Council - 9. include language holding the developer harmless from any liability due to the operation of the City storm drain. That a ten foot wide public access easement be provided along the westerly side of the project from the bay to approximately 110 feet towards West Coast Highway in order to tie into the access easement on the adjacent property. 40. That a 12 -foot -radius corner cutoff at the corner of Riverside Avenue and Avon Street be dedicated to the City prior to issuance of any building permits. 41. That 7 -foot -wide sidewalk be constructed along the Avon Street frontage; that 12 -foot -wide sidewalk be constructed along the Riverside Avenue frontage; that the curb return be reconstructed with a 25 -foot -radius and a curb access ramp at the corner of Riverside Avenue and Avon Street; that an access ramp be constructed at the alley; and that the deteriorated portions of curb., gutter and drive depressions along Avon Street be reconstructed. 42. Prior to the issuance of building permits, the applicant shall provide an estimate of the potential !for subsidence during subterranean phases of construction, and shall identify potential impacts of any subsidence on surrounding structures and other improvements to the satisfaction of the Planning and Building Departments of the City of Newport Beach. 43. If found necessary by the City of Newport Beach, based upon geotechnical information described above, the project applicant will be required to monitor the extent of subsidence during excavation and throughout de- watering of the site through placement. of appropriate testing devices under the supervision and surveillance of a qualified soils engineer. 44. If found necessary by the City of Newport Beach, based upon geotechnical information described above, the project applicant will be required to enter into an agreement and post a bond guaranteeing the repair of the public street system, utilities or other public property that might be damaged during ;the dewatering excavation process as well as other con- struction phases. 45. If found necessary by the City of Newport Beach, based upon geotechnical information described above, the applicant will be required to enter into an agreement and provide a policy of insurance guaranteeing the repair of all damage to private property caused by the dewatering excavation process as well as other construction phases. 46. Prior to the issuance of building permits, a National Pollutant Discharge Elimination System (NPDES) permit shall be obtained from the Santa Ana Regional Water Quality Control Board. '47. Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach and the Santa Ana Regional Water Quality Control Board. 48.. Suspended solids (sand) shall be separated from extracted water in accor- dance with applicable water quality standards. and disposed of at a loca- tion approved by the City of Newport'Beach. e TO: City Council -.10. 49. Provision shall be made, as necessary, for the treatment of hydrogen sulfide (H2S) to comply with water quality standards and to control odors from the dewatering processes. 50. Drainage facilities and architectural features shall be designed to prevent runoff from entering the garage structure, to keep the garage floor slab dry from seepage and to remove oil and grease from wastewater prior to disposal to public drains. h 51. Facilities for boat hauling and repair shall be designed in a manner to minimize the introduction of pollutants into Newport Bay to the satis- 111 faction of the City of Newport Beach and the Santa Ana Regional Water Quality Control Board. 52. A system of barriers and overhead protection will be required during .construction to prevent debris from falling into Newport Bay or onto adjacent property and streets, and to protect pedestrian and bicycle circulation routes. 53. No street closures will be allowed during construction. :54. Excavations will be shored by sheet piling placed by a method approved by the Planning and Building Departments of the City of Newport Beach. 55. A system of well points will be utilized to dewater the site -for con- struction purposes. Additional well points will be placed in the center of the excavation to prevent a "quick" conditions from developing during construction. 56. The relocation of public utilities will be coordinated and approved by local utility companies and public agencies, as appropriate. 57. Hours of construction involving truck operations will be limited to 9:00 a.m. to 3:00 p.m. weekdays, 8:00 a.m. to 6:00 p.m. Saturday, and 10:00 a.m. to 6:00 p.m. Sundays. 58. All construction equipment and materials shall be stored on-site in a screened, fenced area. 59. The perimeter of the project site shall be fenced to insure public safety. '60. A temporary eight foot wide pedestrian/bicycle walkway shall be provided at all times along West Coast Highway during the construction process. '61. Signing and lighting shall be provided for the benefit of pedestrian and bicycle circulation with the approval of the City of Newport Beach Plan- ning Department. 62. Truck traffic generated by site excavation, dewatering and concrete pouring operations shall be routed in a manner approved by the City of Newport Beach Planning, and Public Works.Department. 63, Construction workers and other personnel shall be directed to utilize parking located on Site B (Riverside Avenue and. Avon Street) during .project construction. TO: City Council - 11. 64. A waiver of City noise abatement regulations will be required in order to allow site dewateringand pouring of the basement slab. 65. If determined necessary by the. City of Newport Beach Building Department,. noise producing equipment will be enclosed by barriers or baffled to reduce noise impacts. 66. Development of. the site shall be subject to a grading permit to be ap- proved by the Building and Planning Departments. 67. A grading plan will include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other weather pollutants. 68. The grading permit will include a description of haul routes, access points to the site, and watering and sweeping programs designed to mini- mize impacts of haul operations. 69. An erosion, siltation, and dust control plan shall be submitted and be subject to approval by the Building Department and a copy will be for- warded to the California Regional Water Quality Control. Board, Santa Ana Region.. 70. Grading shall be conducted in accordance with plans prepared by a civil engineer and based on recommendations of a soils engineer and an engineer- ing geologist subsequent to completion of a comprehensive soils and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard -size sheets shall be fur- nished to the Building Department. 71. The Fire Department shall review design plans to ensure adequate access and emergency exits. 72.' The provision of adequate fire flow shall be reviewed by the Fire Depart - went. 73. Structures shall be equipped with firesuppression systems as required by Code. 74. That the valet drop-off driveway be a minimum of 45 foot radius, with the proposed planter/fountain a maximum 12 foot radius. 75. Final design of the project shall provide for the incorporation of water - saving devices for lavatories and other water -using facilities. `76. Prior to the issuance of any building permits, a program for the sorting of recyclable material form other solid wastes shall be developed and approve by the Planning Department. 77. The final layout and composition of surface and subterranean parking shall be subject to the review and approval of the City Traffic Engineer and the Planning Department. 78 Handicap and compact parking spaces shall be designated by a method approved by the City Traffic Engineer and the Planning Department. The quantity and design of such,spaces shall comply with City Codes. TO: City Council - 12. 79. Parking arrangements during the construction period shall be approved by the City Planning Department and the Traffic Engineer prior to the issu- ance of any grading and/or building permits. 80. All onsite drainage shall be approved by the City Public Works Department. 81. The project shall contribute to Fair -Share for circulation system improve- ments and noise walls, to be established by Ordinance adopted by the City Council. It *r82. A weekly cleanup program around the docks and public sidewalks shall be conducted on 'a regular basis. During construction, basins or other devices shall be installed to prevent waste from entering Newport Bay. 83. Prior to the issuance of building permits, a comprehensive soils and foundation study will be prepared and approved by the Planning and Build- ing Departments of the City of Newport Beach. 84. All, buildings will conform .to the Uniform Building Code and the City's seismic design standards. 85. The project is located within the Coastal Zone and will require State Coastal Commission approval, in addition to all necessary City approvals. 86. An Army Corps of Engineers permit (in addition to a Harbor Permit) shall be obtained prior to any alteration of bulkheads. 87. Any mechanical equipment and emergency power generators shall be screened from view, and noise associated with said structures shall be sound - attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a -qualified acoustical engineer and approved by the Building Department. 88. Prior to the occupancy of the building, the applicant shall provide written verification from Orange County Sanitation District No. 5 that adequate sewer capacity is available to serve the project. 89. That a tentative parcel map be filed. ack round At its meeting of April 23, 1984, the City Council called up for review the Traffic Study and Use Permit No. 3086 for this project so as to discuss these items with the requested Harbor Permit No. 128-2901 on May 29, 1984. Analysis The applicant is requesting these approvals in order to construct a 49,460 sq. ft. restaurant, retail commercial, office commercial and boat yard facility on the site of the existing Rosan Industries at 2901 West Coast Highway. TO: City Council - 13. Traffic Study and Use Permit No. 3086 The project approved by the Planning Comnnission was revised significantly from the project originally proposed by the applicant. Major features of the approved project include: 1. Satisfaction of LCP incentive use provisions by a boat yard and marine service retail uses on the ground floor level. 2. Satisfaction of the criteria to exceed the basic height limit by provision of a minimum 45 ft. wide view corridor on the easterly property. 13. Provision of public access to the water via ten foot wide access corridors on the.bay and westerly property line. The second floor of the structure has been permitted to encroach over the public access easement on the bay to the property line (U.S. Bulkhead Line). Subsequent to submittal of the revised project, the primary issue which remained was the second floor overhang of the public access easement. The Planning Commission approved the applicant's request, subject to the following Condition: "The public access easements shall have a minimum clear width of ten feet. In addition, any structural encroachments over said easements shall be cantilevered and absent any vertical means of support. The height and design of any such canti- lever.shall be subject to the review and approval of the Plan- ning Director to ensure maximum light and feeling of openness. Additionally, the structural area on the ground floor where it interfaces with the public easement shall be designed and land- scaped in such a way as to enhance, beautify and otherwise en- courage the public use and enjoyment of the easement." Staff suggests that, in addition to this Condition, the following Findings be added to the action on Use Permit No. 3086: 22. That any structural encroachment over the public access ease- ment will be cantilevered and absent any vertical means of support. 23. That any structural encroachment over the public access ease- ment will be designed in such a manner as to ensure the maxi- mum feeling of light and openness, and that the structural area on the ground floor where it interfaces with the public easement will be designed and landscaped to.enhance, beautify and encourage the public use and enjoyment of the easement. 24. That the southerly exposure of the public access easement results in sufficient light and warmth within the easement to allow a structural floor area over the easement. TO: City Council - 14. Harbor Permit No. 128-2901 Subsequent to the Planning Commission approval of the project (including the second floor encroachment over the public access easement), the applicant contacted the Marine Department regarding permits necessary to allow an eave to encroach over the public tidelands area. The Harbor Permit Policies in the City Council Policy Manual (H-1) govern the Issuance of Harbor Permits by the Marine Department. The Harbor Permit Policies state: "Only piers and floats.and their appurtenances shall be permitted between the bulkhead and pierhead lines." Since the Marine Department can issue only Harbor .Permits which are consistent with the Harbor Permit Policies, approval of the City Council is required for the applicant's request. The Marine Department has studied the proposal (see attached memo) and has provided the following information: 1. The State Land Commission in Sacramento believes this use would not be inappropriate, but that the City should issue a permit for the use. 2. Approval of the request could set a precedent for tidelands use which is inconsistent with the recreational use of the harbor, in that boating use could be limited thereby. ;3. A Harbor Permit is revocable at any time. A building eave is a permanent structure which is not easily removed. 4. Should the.City approve the use, it is required that a fair and reasonable rate be charged for the use of public tidelands, perhaps ;in the nature of an annual lease. The Tidelands Affairs Committee of the City Council reviewed the request on May 17, 1984. After reviewing the plans for the building, the Committee determined t to recommend to the City Council that the applicant's request for an eave overhang encroachment bayward of the U.S. Bulkhead Line not be allowed. The Committee had no objection to the second floor of the building being constructed over the public access easement to the U.S. Bulkhead Line.. However, it was felt that if an eave is desired, the adjustment should be .made in the amount of floor area cantilevered over the easement, rather than by an eave encroachment over the public tidelands. Should the City Council concur with the recommendation of the Tidelands Affairs Committee, the following Condition should be added to Use Permit No. 3086: 90. No part of the building or eave shall encroach over public tidelands area. City Council - 15. Attached for the information and review of the City Council is an excerpt of the Planning Commission minutes of April 19, 1984, and a copy of the Planning Commission staff report which describes the applicant's request. Respectfully submitted, JAMES D. HEWICKER Planning Director by &*4aa-, PATRICIA LEE TEMPLE Environmental Coordinator PLT/kk E� Attachments for City Council Only: 1. April 30, 1984 memo from Marine Department 2. Excerpt from the Planning Commission Minutes of April 19, 1984 3. Planning Commission Staff Report with attachments 4. Supplemental Planning Commission Staff Report with attachments 5. .Initial Study 6. Plans and Elevations CITY OF NEWPOR'--S EACH HARBOR APPLI( 710N No]2k-- 2 ftil- -I I 7--,e407- SZ40ox 4or H-1 10/26/76 4. GENERAL PROVISIONS FOR HARBOR PERMITS A. Acceptance of Provisions: It is understood and agreed by the Permittee that the doing of any work under the permit shall constitute an acceptance of all the provisions. B. Permit from Other Agencies: The party or parties to whom the permit is issued shall, whenever the same is.require& by law, secure the written order or consent to any work hereunder from the U. S. Corps of Engineers or any other public body having jurisdiction, and the permit shall be suspended in operation unless and until such order or consent is obtained. C. Transferring Permit: The permit is not transferable without the written consent of the City of Newport Beach. *D. Inspection: The work shall be subject to the supervision and approval of the Marine Department. E. Protection of Traffic: Adequate provisions shall be made for the protection of the traveling public. Barricades shall be placed on streets, with lights at night, also flagmen employed, all as may be required by the particular work in progress. The Permittee shall not attempt to forbid the full and free use by the public of all navigable waters at or adjacent to the work or structure. If the display of lights and signals on any work hereby authorized is not otherwise provided by law, such lights and signals, as may be prescribed by Bureau of Light Houses, Department of Commerce, shall be installed and maintained at the expense of the Permittee. Structures shall be so constructed as not to obstruct, interfere with or prevent the free use or passage of any sidewalks, -street, alley, public way or navigable channel. F. Liability for Damages: The Permittee is responsible for all liability for personal injury or property damage which may arise out of work herein permitted, or which may arise out of the use or possession of said works, and in the event any claim is made against the City of Newport Beach or any department, officer, or employee thereof, though, by reasons of, or in connection with such work, permittee shall defend, indemnify and hold them and each of them, harmless from such claim. G. Revocation of Permit: The rights given under this permit are permissive only and the City of Newport Beach reserves full right, power and authority to revoke this permit at any time. In the event the Permittee fails to remove said works within the time specified, then the Marine Safety Depart- ment shall have the right to immediately remove same at the cost and expense of the Permittee. * H. Repairs: The, Permittee shall keep the structures in good repair at all times. Failure to repair, when written notice has been given by the Marine Department, shall be cause for the revocation of the permit. *Amended - October 26, 1976 r HARBOR PERMIT POLICIES - H-1 I. Pollution Control: The Permittee shall maintain the area delineated on the harbor permit free and clear from beached or floating rubbish, debris or litter at all times. Adequate safeguards shall be maintained by the Permittee to avert any other type of pollution of Newport Harbor from recreational and/or commercial use of the tidelands. Failure to comply with the provisions of this section shall be cause, after written notice has been given to the Permittee by the City, for the revocation of the permit. When unusual circumstances arise with respect to the collection of debris or litter, the City Manager may authorize by the use of City forces or by contract the removal of said debris. J. Rights to impose rental or other charges: The approval of the foregoing permit by the City of Newport Beach shall not constitute a waiver of any rights which it may now have or hereafter have to impose rental or other charges in conjunction with the maintenance of the proposed facility and user of the same. The imposing of tidelands rental, or use, fees shall not be extended to include private residential piers and slips, constructed and used solely by the abutting uplands owner for recreational purposes, unless otherwise directed by State Mandate. *K. In those areas of the harbor where the piers and floats are bayward of residential zoned areas and are reserved for the occupants of the abutting upland property, liveaboards shall not be permitted. 18. SAFETY REQUIREMENTS A. All commercially operated boat docking facilities shall be equipped with fire fighting facilities as specified by the Fire Chief of the City of Newport Beach. B. Any electrical service upon any pier, dock, or float shall be installed under a permit obtained from the City of Newport Beach Community Development Department. C. Any domestic water service upon any pier, dock or float shall be installed under a permit obtained from the City of Newport Beach Community Development Department.