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HomeMy WebLinkAboutM2012-0015 (2)V NAME(S) ADDRESS OF FACILITY: [PERMIT II' (cer Landing Ltd. H N.B 128-3017 DRESS7ELEP N0� 6 1 ,I F!E I CHECK NO. DATE 15.,1 71 Campus, Irvine,Ca JJI $230 11 may.: -2 BY; DATE 1 l N IS HEREBY MADE TO TRANSFER HARBOR PERMIT Richard V.Valdes Lancer Landing FJSELLERS' E(S) BU ERS' AME(S) (AB OV AMES TO E TYPED) ❑ GNAT E OF SELLER SIGNATURE OF BUYER IRKS �_ G SI TUBE OF SE C SIGNATURE OF BUYER SIGNATURE OF JOINT OWNER APPLICATIONPPROWVgg TO CITY HARBOR ��C ORDI TOR L CONDITIONS: THIS PERMIT IS REVOCABLE BYT E IjY O CIL IN ACCORDANCE ITHTIT 97 MUNICIPAL CODE.�T� ' e�� //r-4 ;�w CITY OF NEWPORT BEACH. CALIF. WX FORM 66.1016 REV. ADORES5,OF PROPOSED FACILITY PERMIT #' Ja o k �.-- enan 3017 W. Coast Hwy. 128-3017 RESSHarrison Mari ne- a & PHONE NO. FEE CHECK NO. DATE 1. Coast Hwy., N.B. 1292,5 DATE APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT i0y/� CONSTRUCT/REVISE A 0 `lk, ' / AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING By S ❑ DATED _ ❑ DATE _ Cl _SI AT U R E jam', �L SLC/ v #2 #3 COMPANY L -i r Tenant) Signature Tenant NDITIONS: Any modification to the bul ea , slip & dock gee rL t or change in marine use and this permit, shall require 2n approvxo---� by the landowner. CITY OF NEWPORT BEACH, CALIF. ,. WX FORM 661010 (3) ADDRESS OF FACILITY - PERMIT # 'aldes/M.V Threi ne 3101. W. Coast Hi gN&,NB. 128-3017 TELEPHONE NO. FEE )V CHECK NO. DATE "'92 #1 Ivy., Irvind"Ca 14 751.-7220 .I, 175:OOI DATE'q *In; APPLICATION IS HEREBY MADE TO TRANSF Q H RBOR P IT 1c�iard .Valdes ; Harrison's Marne`," Inc:M V:°:Teinen SELLERS NAME(S) ..; '. BUYERS ME(S) (ABOVE.NA ES TO HE P D) r I 1.t(�Wr i NATURE SELLER SI E OF BUYER SIGNATURE OF. SELLER SIGNATURE OF BUYER 4 Z7 p��3r $5 SIGNATURE OF JOINT OWNER �Uj p / l �`.r i -APPLICATION APPROVED "-rnnrFl ��/S.`-`/, V NAME(S) ADDRESS OF FACILITY: [PERMIT II' (cer Landing Ltd. H N.B 128-3017 DRESS7ELEP N0� 6 1 ,I F!E I CHECK NO. DATE 15.,1 71 Campus, Irvine,Ca JJI $230 11 may.: -2 BY; DATE 1 l N IS HEREBY MADE TO TRANSFER HARBOR PERMIT Richard V.Valdes Lancer Landing FJSELLERS' E(S) BU ERS' AME(S) (AB OV AMES TO E TYPED) ❑ GNAT E OF SELLER SIGNATURE OF BUYER IRKS �_ G SI TUBE OF SE C SIGNATURE OF BUYER SIGNATURE OF JOINT OWNER APPLICATIONPPROWVgg TO CITY HARBOR ��C ORDI TOR L CONDITIONS: THIS PERMIT IS REVOCABLE BYT E IjY O CIL IN ACCORDANCE ITHTIT 97 MUNICIPAL CODE.�T� ' e�� //r-4 ;�w CITY OF NEWPORT BEACH. CALIF. WX FORM 66.1016 REV. ADORES5,OF PROPOSED FACILITY PERMIT #' Ja o k �.-- enan 3017 W. Coast Hwy. 128-3017 RESSHarrison Mari ne- a & PHONE NO. FEE CHECK NO. DATE 1. Coast Hwy., N.B. 1292,5 DATE APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT i0y/� CONSTRUCT/REVISE A 0 `lk, ' / AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING By S ❑ DATED _ ❑ DATE _ Cl _SI AT U R E jam', �L SLC/ v #2 #3 COMPANY L -i r Tenant) Signature Tenant NDITIONS: Any modification to the bul ea , slip & dock gee rL t or change in marine use and this permit, shall require 2n approvxo---� by the landowner. CITY OF NEWPORT BEACH, CALIF. ,. WX FORM 661010 N kt N SUBLEASE OF REAL PROPERTY THIS SUB SUB -•LEASE OF REAL PROPERTY ("Sublease"), is made and entered into on May 15, 1985, by and between Maurice V. Threinen and Richard V. Valdes ("Sublessors") and Lancer Landing Limited, a California Limited Partnership, (called "Sublessee"). RECITALS (a) Suble6sors are the sub -lessee (by assignment from Harrison Marine, Inc.) of certain real property (called "Leased Premises") under and pursuant to a written ground lease dated December 11 1963) between John J. Jakosky and Katherine F. Jakosky, as lessor and F. David Young, as lessee, which ground lease was subsequently amended in writing on June 3, 1966; February 16, 1967) July 26, 1971 and August 161 1972 (the ground lease, as amended, is called -the "Master Lease"); a copy of the Master Lease is delivered Herewith to Sub -Lease receipt of which is hereby acknowledged, and made a part hereof by reference; a legal description of the Leased Premises is contained in Exhibit A. Sub -Lessors sub -lease the leased premises from Occidental Land Inc. under the terms of a Sub -Lease dated .July 1, 1977 ("Occidental Sub -Lease"). (b) There presently exists certain subleases of Inortions of the Leased Premises for certain purposes to the Pacific International Yacht Brokers, and numerous boat slip leases in tine dock area (collectively called "Existing Tenancies"). (c) Sublessee desires to sublet the Leased Premises from Sublessor for the balance of the term of the Master Lease on the terms and conditions set forth herein. NOW, THEREFORE, the parties to this Sublease agree as follows: 1. SUBLEASE OF LEASED PREMISES. 1.1 Sublessors hereby lease to Sublessee, and Sublessee hereby Inires from Sublessors, on and subject to the terms, conditions and covenants hereinafter set forth, the Leased Premises. 1.2 This Sublease is expressly made subject to the terms of the Master Lease and notwithstanding anything to the contrary herein contained, under no circumstances shall the rights of Sublessee herein be construed to be greater or larger than the rights of Sublessors under^ the Mfater Lease and the Occidental Sub -Lease. Except as otherwise expressly provided herein, Sublessee shall keep and perform all of the obligations to be performed by Sublessors as the " Sub --Lessee" under the Master Lease and the Occidental Sub -Lease. 1.3 This Sublease is also subject to the Existing Tenancies and Sublessors' right, title and interest in and to the Existing Tenancies and Sublessee hereby agrees to and does accept such assignment and assumes all of Sublessors' obligations thereunder. 1.4 Sublessors warrant that the Master Lease and Occidental Sub -Lease are in full force and effect, that Sublessors are in compliance with the terms thereof and that. Sublessors have the right to enter this Sublease; Sublessors shall indemnify Sublessee as to liens and encumbrances on Sublessors' interest in the Leased Premises existing as of the date of this Sublease except to the extent that such liens may be assumed by Sub -Lessee in other agreements between the parties. 1.5 Sublessors have delivered to Sublessee such writings as Sublessors can locate with respect to the Existing Tenancies, together with such prepaid rentals and deposits thereunder as are known to Sublessors, and Sublessee has satisfied itself as to tine nature, extent, terms and sufficiency thereof. 1 2_. TERM. The term of this Sublease shall commence on the date first above written and shall expire on November 30, 2018) unless sooner terminated as provided in this Sublease or upon sooner termination of the Master Lease or the Occidental Sub -Lease for any cause whatsoever. 3. PENT Sublessee shall pay to Sublessors for the use and occupancy of the Leased Premises the rent required to be paid under the terms of the Occidental Sub -Lease, paragraph 3.) dated July 1) 1977. Should any installment of rent not be paid when due, then the amount thereof together with Sublessors' collection expenses shall bear interest at the rate of ten percent (10%) per annum from the date when due and payable by the terms of this Sublease until the same shall be paid. All payments hereunder shall be due and payable in lawful money of the United States. Should this Sub -Lease commence on a date other than the first day of a calendar month, rent for suck month shall be prorated and the full monthly rental shall commence on the first day of the following month. 4. ADJUSTMENT OF RENT The rent specified in Paragrapl, 3 above shall be subject to immediate increase or decreases as the case may be, at suck times and in such amounts as Sublessors' monthly rent obligation under the Master Lease, which as of May 1, 1985 shall be Thirteen. Thousand Eight I-lundred Twenty Three and No/100 Dollars ($13)823.00) may be adjusted pursuant to Paragrapl, 4 of the Master Lease) it being the intention of the parties hereto that Sublessee's monthly rent obligation -to Sublessors shall, at all times from and after May 1) 1985; be an amount equal to Sublessors' then monthly rent under the Master Lease and the Occidental Sub -Lease. 5. TAXES AND ASSESSMENTS. Sublessee hereby assumes and, during the term of this Sublease) shall pay; discharge and otherwise perform all of the obligations to be performed by Sublessors as Sublessee under and pursuant to Paragrapl, 5 (as amended) of the Master Lease and the Occidental Sub --Lease whick are incorporated hereby by reference as though set forth in fully as specified therein, and shall protect and hold Sublessors and the Leased Premises harmless from such obligations. Sublessee shally upon request of Sublessors) provide receipts3 cancelled checks or other documents reasonably requested by Sublessors to confirm Sublessee's performance of such obligations. Current taxes and assessments shall be prorated to the date first above written. 6. UTILITIES. Sublessee shall be solely responsible for the installation, maintenance and payment for all utilities and services furnished to or used by Sublessee in, on or about the Leased Premises, including without limitation] water, sewerage, gas) electricity, telephone, trask collection and other like services which may be required in Sublessee's use and occupancy of the Leased Premises, and shall protect and Hold Sublessors and the Leased Premises harmless from all charges and liabilities in connection therewith. 7. MAINTENANCE AND REPAIR. 7.1 Sublessors shall not be required or obligated to maintain or to make any changes, alterations, additions, improvements or repairs in) on) or about the Leased Premises, or any pa, t +her eof Ciur i ng th^c term o this Sublease. 7.2 At all times during the term of this Sublease, Sublessee shall, at its sole cost and expense, keep and maintain the Leased Premises and all imr.,rovements existing or which may be constructed or installed thereon, and all facilities appurtenant thereto) in good order and repair and safe condition; and the whole of the Leased Premises; improvements and landscaping in a clean, sanitary; orderly and attractive condition. VA Sublessee shall make any and all additions to or alterations or repairs in and about the Leased Premises and tine im�irovements which may be required by and shall otherwise observe and comply with all public laws, ordinances, and regulations applicable to the Lease Premises, or any part. thereof; Sublessee shall indemnify and save harmless Sublessor and the Leased Premises as against all actions, .claims and damages by reason of Sublessee's failure to comply with and perform the provisions of this Section. 8. SUBLESSOR'S NONLIABILITY. Neither Sublessors Occidental, nor the Master --Lessor under the Master Lease shall be liable for any loss, damage or injury of any kind or character to any person or property arising from any use of the Leased Premises, or any part thereof, or caused by any defect in any building, structure or other improvement thereon, or on any equipment or other facility therein, or caused by, or arising from any act or omission of Sublessee, or any of Sublessee's sublessees, agents, employees, licensees or invitees, or by or from any accident on said Leased Premises, or any fire, or any other casualty thereon, or occasioned by tine failure of Sublessee to maintain tine Leased Premises in safe condition, or arising from any other cause whatsoever; and Sublessee, as a material part of the consideration of this Sublease, hereby waives, on Sublessee's behalf, all claims and demands against Sublessor, Occidental and Master -Lessor under the Master Lease for, and Inereby agrees to indemnify, and defend (upon demand) and hold Sublessor, Occidental and Master -Lessor under tine Master Lease entirely free and harmless from any and all liability for claims of other persons for any such loss, damage or injury, together with all costs, fees and expenses arising therefrom. 9. INSURANCE. 9.1 Sublessee shall at Sublessee's sole cost and expense maintain at all times during the term of this Sublease public liability and property damage insurance for the joint benefit of Sublessee, Sublessors, Occidental and Master -Lessor under tine Master Lease and tine Occidental Sub --Lease, by the terms of which such parties shall each be indemnified against liability for damage or injury to tlne property or to the person (including death) entering upon or using the Leased Premises, or any part thereof, and arising out of or connected with Sublessee's use or occupancy of the Leased Premises. Such insurance shall Ineve liability limits of not less than Five Hundred Thousand Dollars ($500,000.00) Per person and One Million Dollars ($1)000,000.000) per occurrence, and property damage limits of not less than One Hundred Thousand Dollars ($100)000.000). Such minimum liability limits shall be subject to increase (but not decrease) in percentage proportion to and at tine time of each increase in rent hereunder. 9.2 Sublessee shall at Sublessee's sole cost and expense maintain on all improvements exiting or constructed on the Leased Premises during the term of the Sublease one (1) or more policies of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements, to the extent of at least the full replacement value thereof. Each such policy shall be issued in the names of Sublessors Occidental, Master Lessor and Sublessee as their interests appear. In tine event of termination of this Sublease, each such policy shall, at Sublessors' option, be assigned to Sublessors. 3 9.3 Each insurance policy shall contain an endorsement requiring not less than thirty(3O) days' written notice from the insurance company to botk Sublessor, Occidental, Master—Lessor, and Sublessee before cancellation or change in the coverage, scope or amount of suck policy. Each insurance policy, or a certificate thereof, together with evidence of payment of premiums, shall be deposited with Sublessor at the commencement of the term of this Sublease, and on renewal of eack such policy not less than twenty (7_0) days before the expiration of the term of suck policy. 10. LIENS AND CLAIMS. Sublessee hereby expressly assumes and agrees to perform all of Sublessors' and Occidentals obligations under Paragrapk 10 ( as amended) of the Master Lease wk i cH is hereby incorporated by reference as though set fortk in full, it being understood and agreed that the following definitions shall apply to certain terms contained therein: the term "Lessee" shall mean and refer to Sub—lessee herein, the term "Lessor" shall mean and refer to Sublessor herein, Occidental and Master --Lessor under the Master Lease; the terms "leased land" and "premises" shall mean and refer to the Leased Premises herein. 11. SUBLESSORS PAYMENT OF CLAIMS. In the event Sublessee shall fail to pay and discharge, or cause to be paid and discharged when due and payable, or provide bond or other security therefor, as Herein provided, any tax, assessment or other charge upon or in connection witk the Leased Premises, or any lien or claim for labor or materials employed or used in, or any claim for damages arising out of the construction, repair, restoration, replacement, maintenance and use of the Leased Premises and the improvements thereon, or any judgment or any contested lien or claims, or any insurance premium or expense in connection with said Leased Premises and improvements, or any other claim, charge or demand which Sublessee has agreed to pay under the covenants and conditions of this Sublease, and if Sublessee, after twenty (20) days written notice from Sublessors may, at Sublessors' option, pay any such tax, assessment, insurance expense, lien, claim, charge or demand, or settle or discharge any action therefor, or judgment thereon, and all costs, expenses and other sums incurred or paid by Sublessors in connection with any of the foregoing shall be paid by Sublessee to Sublessors upon demand, together with interest thereon at the rate of ten percent (10%) per annum from the date incurred or paid, and any default in such repayment shall constitute a bread, of the covenants and conditions of tk i s Sublease. 12. SUBLESSEE'S OPERATIONS. Sublessee shall use the Leased Premises only for suck lawful purposes as are permitted under the Master Lease and the Occidental Sub—Lease. Sublessee shall comply with all laws, rules, regulations and restrictions concerning the Leased Premises for Sublessee's use thereof, including without limitation, the obligation at Sublessee's sole expense, to alter, maintain, or restore the Leased Premises in compliance and conformity with all laws, rules, regulations and restrictions relating to the condition, use or occupancy of the Leased Premises during the term of this Sublease. Sublessee shall not use the Leased Premises in any manner tkat will cause or constitute waste, nuisance) or unreasonabale annoyance to the owners or occupants of adjacent property. Sublessee shall not do anything in or about the Leased Premises that will cause damage to or cancellation of any insurance covering the Leased Premises. Sublessee shall indemnify and save Sublessor, Occidental, and Master—Lessor under the Master Lease and Occidental Sub --Lease harmless from any penalties, damages or charges imposed for any violation of laws, rules and regulations applicable to the use and occupancy of the Leased Premises. 4 13. DEFAULT AND REMEDIES. 13.1 Should Sublessee (a) fail to pay or cause to be paid any tax, assessment, insurance premium, lien, claim) clnarge� Or demand herein provided to be paid, or cause to be paid by Sublessee at the times and in the manner herein provided; or (b) default in tine payment of any installment of rent or any other sum when due as herein provided; Or (c) fail to commence or complete tine construction, repair, restoration, or replacement of the improvements in and about tine Leased Premises within tine times and in tine manner provided Inerein; or (d) fail to commence and thereafter to continuously conduct its operations thereon within the times and in the manner herein provided; or (e) fail to use, maintain and operate tine Leased Premises as herein required, or abandon the Leased Premises; or (f) default in tine performance of or breach of any other covenant, condition or restriction of this Sublease herein provided to be kept or performed by Sublessee and if any such default or breach (other than any breach of the restrictions of Paragraph 21 for which immediate notice of termination may be given) shall continue uncured for a period of twenty (20) days from and after service upon Sublessee of written notice by Sublessors, then and in such event, Sublessors may) at their option, terminate this Sublease by giving Sublessee written notice and thereupon tine rigints of Sublessee in and to the Leased Premises and all improvements thereon shall cease and end, and Sublessor may) without further notice or demand or legal process , reenter and take possession of said Leased Premises and all Improvements thereon, and oust Sublessee and all persons claiming under Sublessee therefrom, and Sublessee and all such persons shall quit and surrender possession of said Leased Premises and all improvements thereon to Sublessor. 13.2 Any termination of this Sublease as Herein provided shall not relieve Sublessee from the payment of any sum or sums that shall then be due and payable to Sublessors hereunder or any claim for damages then or theretofore accrued against Sublessee hereunder, and any such termination shall not prevent Sublessors from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by laws or from recovering damages from Sublessee for any default thereunder. All rights, options and remedies of Sublessors contained in this Sublease shall be construed and held to be cumulative, and not one of them shall be exclusive to the otlner , and Sublessors sha I I have tine r i glnt to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this Sublease. No waiver by Sublessors of a breach of any of the covenants, conditions or restrictions of this Sublease shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction herein contained. In addition, the damages that Sublessors may recover under this Sublease shall include the worth at the time of award of the amount by win i ch tine unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss for the same period that Sublessee proves could have been reasonable avoided. 13.3 At Sublessors' option, in tine event of a default or breach by Sublessee, Sublessors may continue this Sublease in full force and effect, and the Sublease will continue in effect as long as Sublessors do not terminate Sublessee's right to possessions and Sublessors shall Inave tine right to collect rent when due. During the period of Sublessee's default or breach, Sublessors shall have the right to enter the Leased Premises and relet them, or any part of them, to third parties for Sublessee's account. Sublessee shall be liable immediately to Sublessors for all costs incurred by Sublessors in reletting tine Leased Premises, including, without limitations brokers' commissions, expenses of remodeling the Leased Premises required by the reletting, and like costs. Reletting may be for a period shorter than tine remaining term of this Sublease, and Sublessee shall pay to Sublessors the rent due under this Sublease when due, less the rent Sublessors receive from any reletting. 5 No acts 'by Sublessors shall terminate this Sublease unless Sublessors shall notify Sublessee that Sublessors have elected to terminate this Sublease. 13.4 If Sublessee is in default or breach of this Sublease) Sublessors shall have the right to have a receiver appointed to collect rent and conduct Sublessee's business. Neither the filing of a petition for the appointment of a receiver nor the appointment itself shall constitute an election by Sublessors to terminate this Sublease. UM Z 11 NIF-101101 l ffidN 14.1 Upon the expiration of the term of this Sublease) or any sooner termination hereof) Sublessee shall surrender to Sublessors possession of the Leased Premises and all improvements constructed and installed thereon) in good condition) reasonable wear and tear excepted. 14.2 Upon the expiration of the term of this Sublease) or any sooner termination hereof) Sublessee agrees to execute) acknowledge and deliver to Sublessors a proper instrument, in writing) releasing and quitclaiming to Sublessors all right) title) and interest of Sublessee 'in and to tine Leased Premises and all improvements thereon. 15. PAYMENTS AND NOTICES. 15.1 All rent and other sums payable by Sublessee to Sublessors hereunder shall be paid to Sublessors at the address specified herein or at such other addresses as Sublessors may specify from time to time in writing. Payments of rent and other charges by Sublessee k,ereunder shall be deemed made when actually received by Sublessors. 15.2 Except as may be specifically provided to the contrary in this Sublease) all notices given or required to be given hereunder shall be in writing and addressed to the parties as set forth below or at such other addresses as the parties may) from time to time) designate in writing. Any such notice shall be deemed given when personally deliverd or sent by mail) certified or registered) postage prepaid) to the address as specified herein) at the time of suck personal delivery or at the end of the second full day following the date of mailing. SUBLESSORS: MAURICE V. THREINEN R I CFIARD V. VALDES 1670 Santa Ana Ave. Suite "K" Costa Mesa) CA 52627 SUBLESSEE: LANCER LANDING) LTD. 2171. Campus Drive Suite 100 Irvine) CA 92715 16. HOLDING OVER. Tkis Sublease shall terminate and become null and void without further notice upon the expiration of the term specified herein) and any holding over by Sublessee after the expiration of said term shall not constitute a renewal Hereof or give Sublessee any riglnts hereunder in or to the Leased Premises. Sublessee shall indemnify and hold Sublessors harmless from all damages resulting from Sublesses's failure to surrender the Leased Premises upon termination of this Sublease. 6 17. ENTRY AND INSPECTION. Sublessee shall permit Sublessors or Sublessors' agents) representatives or employees to enter upon the Leased Premises for purposes of inspection, determining whether the terms of this Sublease are being complied with, and for all other purposes reasonably related to the sale, development or use of tine Leased Premises. 18. HYPOTHECATION. Sublessee hereby expressly assumes and agrees to perform all of the obligations to be performed by Sublessors as Sublessee under Paragraph 14 (as amended) of the Master Lease which is hereby incorporated by reference as though set forth in full) it being understood and agreed that the following definitions shall apply to certain terms contained herein: the term "Lessee") shall mean and refer to Sublessee herein; the term "Lessor") shall mean and refer to Sublessors herein and Lessor under the Master Lease; the terms "lease" and "leaseholder" shall mean and refer to the Sublease under the Occidental Sub—Lease and Sublease herein; the term "land" shall mean and refer to the Leased Premises; the reference to "Article 13" shall mean and refer to Paragraph 21 of this Sublease; the reference to "Article 14" shall mean and refer to this Paragraph 18. 19. APARTMENT FOR MASTER LESSOR. Sublessee hereby expressly assumes and agrees to perform all of the obligations to be performed by Sublessors under the Occidental Sub—Lease and Paragrapin 23 (as amended) of the Master Lease which is hereby incorporated by reference as though set forth in full, it bins understood and agreed that the following definitions shall apply to certain terms contained therein= tine term "Lessee" shall mean and refer to Sublessee herein; the term "Lessor" shall mean and refer to the Lessor under the Master Lease; the term "demised land" shall mean and refer to the Leased Premises, 20. APPROVAL_ OF DEVELOPMENT PLANS. 20.1 At such time as Sublessee may decide to construct improvements on or otherwise develop the Leased Premises, or any portion thereof) Sublesse shall prepare and submit to Occidental and Sublessors for Sublessors and Occidental's prior written approval) two (2) sets of architectural plans and specifications (witin square footages)) plot plans and site and landscaping plans. One (1) set of each ❑f tine above will be returned to Sublessee with Sublessors' and Occidental's written approvals) corrections) or revisions (as the case may be) noted thereon. 20.2 Sublessors and Occidental shall be shown and have the right to approve in writing all maps) drawings) Permit applications) zoning applications and other sucln documents regarding tine Leased Premeises, prior to submission by Sublessee or Sublessee's agents) to any federal) state) county or local government or other governing agency or association. In addition) Sublessors and Occidental shall be shown and have the right to approve all architectural and landscaping plans regarding the Leased Premises prior to submission by Sublessee or Sublessee's agents to any such agency or association. 20.3 No material change shall be made on any matter which is subject to Sublessors' and Occidental's written approval hereunder) unless and until it is resubmitted to Sublessor and Occidental for their approval as herein provided) and such changes shall be effective only after written approval by Sublessors and Occidental. 20.4 Sublessors shall not unreasonably withhold approval of documents submitted for approval pursuant to this Paragraph; provided) In❑wever) that Sublessors shall Inave no obligation to approve documents which Inave been disapproved by Lessor under the Master Lease. The Sublessors agree that they may not require) as a condition of consideration for any such approval as hereinabove required) the right to receive any additional rental or other consideration. 7 20.5 Sublessee's right to develop the Leased Premises, or a part thereof, shall also be subject to the approval and other rights of Occidental under the Sub -Lease and Lessor under the Master I -ease as contained in Paragraph 22 (as amended) and elsewhere therein. Sublessors agree to cooperate wits, Sublessee in such development and to solicit the cooperation of Occidental under the Sub -Lease and Lessor under tine Master Lease; provided, however, suck cooperation shall be at no cost to Sublessors. 20.6 All work products prepared by or for Sublessee in connection with development of the Leased Premises, including without limitation all plans, maps, applications, reports, studies, drawings and test results, shall become take property of Sublessors at Sublessors' option, upon the termination of this Sublease, and shall be turned over to Sublessors by Sublessee immediately upon Sublessors' request therefor. 20.7 Subject to tine approval and other rights of Sublessors specified herein, Sublessors agree to cooperate with Sublessee in seeking approvals of necessary governmental agencies in connection with Sublessee's proposed development of tine Leased Premises; provided, However; such cooperation shall be at no cost or expense to Sublessors. 21. ASSIGNMENT; SUBLEASES. 21.1 Sublessee shall not encumber, assign or otherwise transfer this Sublease, or^ any right or interest hereunder, or in or to any of tine improvements that Hereafter may be constructed or installed on tine Leased Premises, without the prior written consent and approval of Occidental and Sublessor. No such encumbrance, assignment or other transfer, whether voluntary or involuntary, by operation of law, under legal process, through a receivership or bankruptcy, or otherwise, shall be valid or effective without such prior written consent and approval. 21.2 Sublessee shall have the right to sublet all or any portion of tine Leased premises for purposes permitted Inerein, the Occidental Sub -Lease and in the Master Lease without the prior written consent of Sublessors so long as (a) the term of each such sublease shall not exceed the term of this Sublease, the Occidental Sub --Lease or the term of the Master Lease, and (b) each such sublease shall be subject to the covenants, conditions and restrictions of tkis Sublease, the Occidental Sub -Lease and the Master Lease, and (c) any suck subletting shall not relieve Sublessee of any of its obligations under this Sublease, and (d) Sublessee shall furnisk Occidental and Sublessors with a ropy of each such sublease within thirty (30) days after execution thereof provided, further, that if the Leased premeises, or any portion thereof, is developed by constructing tkereon a condomimium type development, apartment building or any other type of single development, which contemplates that tine Leased Premises, or a portion thereof, will be sublet to a number of sublessees, minimum rental or payment scinedule for such condominium, apartment building or development shall, in the aggregate, be not less than the total rent, taxes and other charges payable by Sublessee under this Sublease, and, in such event, Sublessee shall furnish Occidental and Sublessors with a rental and payment schedule within thirty (30) days after such schedule is available. 21.3 If this Sublease should be terminated prior to the expiration of the term hereof, all rights of Sublessee in and under any valid assignments or subleases of fractional interests in the Leased Premises and all rights of Sublessee in and under- all agreements for the exclusive occupancy, ownership or lease by such valid assignees or sublessees shall ipso facto vest in and thereafter belong to Sublessors and Sublessee slnall surrender to Sublessors its executed copies of all assignments, subleases, occupancy agreements and other such documents relating thereto, and IV. and Sublessors agree to be bound by the terms of same so Ion g as`the Other parties thereto shall thereafter comply with all of the terms and conditions of each such document and pay to Sublessor the rent, taxes and assessments, and other charges required to be paid thereunder, and shall otherwise keep and perform the covenants, conditions and restrictions to be kept and performed under and pursuant thereto. 21.4 Should Sublessee attempt to make or suffer to be made any such encumbrance, assignment, transfer or subletting of the Leased Premises, or any portion thereof, except as provided herein, such shall constitute a breach of this Sublease and thereupon Sublessors may, at Sublessors' option, terminate this Sublease forthwith by written notice, and upon such termination, this Sublease shall cease and end and be of no further force and effect; provided, however, that Sublessee shall remain liable to Sublessor for all obligations of Sublessee under this Sublease existing as of the date of such termination, and for damages caused by such breach. 21.5 Nothing herein contained permitting for the subletting of the Leased Premises, or a part thereof, shall be deemed or construed to relieve Sublessee of its obligations hereunder. 21.6 Should Occidental and Sublessors consent to any encumbrance, assignment, transfer or subletting, none of the restrictions of this Paragraph shall be thereby waived, but the same shall apply to each successive encumbrance, assignment, transfer or subletting hereunder, if any, and shall be severally binding upon each and every encumbrancer, assignee, transferee, subtenant and other successors in interest of Sublessee. 22. EMINENT DOMAIN. If at any time during the term of this Sublease, the Leased premises, or any part thereof, shall be taken by public authority under the power of eminent domain, or sale in lieu thereof, then in each case the Subleasehold estate of Sublessee shall forthwith cease and terminate as to that portion of tine Leased Premeises taken, and all compensation and damages received for such taking shall belong to and be the sole property of Sublessors and Sublessee shall not have any claim or be entitled to any award or diminution in value of the Subleasehold hereunder or for the value of any unexpired term of this Sublease; provided, however, that Sublessee shall be entitled to any award that may be made for the taking of or injury to improvements constructed or installed upon the leased premises by Sublessee. Unless all of the Leased Premises shall be so taken, this Sublease shall continue in full force and effect as to the portion of the Leased Premises that shall have not been taken and the rent payable by Sublessee far the balance of the term of this Sublease shall be abated in the ratio that the square footage ground area of the portion of the Leased Premises taken bears to the total ground area of the Leased Premises at the time of such taking. In the event this Sublease is terminated, in whale or in part, pursuant to any of the provisions Of this Paragraph, all rent and other charges payable by Sublessee to Sublessors hereunder and attributable to the Leased Premises taken; shall be paid up to the date upon which actual physical possession shall be taken by the condemnor. Notwithstanding anything to the contrary set forth in this paragraph above, the Sublessee does not waive thereby any and all other riglnts it may have against the subject public entity to claim such other compensation and/or damages which miglnt be then allowable by law; PROVIDED THAT Sublessee shall have no right to make any such claim that would conflict with or result in a diminishment of the rights of either the Lessor or the Sublessor as set forth above, in said Master Lease, or by law. 9 23. GENERAL PROVISIONS. 23.1 All of the provisions of this Sublease shall be deemed as running with the land, and construed to be "conditions" as well as "covenants" as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. 23.2 Time is of the essence of this Sublease and of eack provision hereof. 23.3 No failure by Sublessors to insist upon the strict performance by Sublessee of any covenant, agreement, term or condition of this Sublease or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such covenant, agreements term or condition. No waiver of any breach shall affect or alter this Sublease, but each and every covenant, condition, agreement and term of this Sublease shall continue in full force and effect with respect to any other then—existing or subsequent breach. 23.4 This Sublease and its covenants, conditions and restrictions shall inure to the benefit of and be binding upon the successors in interest of Sublessors and, subject to the restrictions of Paragraph 21 above, the autkorized encumbrancers, assignees) transferees, swbtenants, licensees3 and other successors in interest of Sublessee. 23.5 This Sublease contains the entire agreement of the parties with respect to the matters covered by this Sublease and no other agreement, statement) or promise made by any party, or to any employee) officer, or agent of any party, which is not contained in this Sublease shall be binding or valid. 23.6 If any terms covenant3 condition or provision of this Sublease is held by a court of competent jurisdiction to be invalid) void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected) impaired or invalidated. 23.7 Sublessee agrees that Sublessee has examined the Leased Premises; that the Leased Premises are being delivered in "as is" condition; that no representations as to the Leased premises or any subject matter of this Sublease have been made by Sublessors or by any person acting for Sublessors that this Sublease contains the entire agreement between the parties hereto and that there are no verbal agreements, representations, warranties or otker understandings affecting the same. Sublessee, as a material part ❑f the consideration hereof, hereby waives all claims against Sublessors for rescission) damages or otherwise by reason of any alleged covenant, agreement or understanding not contained in this Sublease. 23.8 Nothing contained in this Sublease shall be deemed or construed to create the relationship of principal and agent or of partnership or of joint venture or of any association between Sublessors and Sublessee) other than the relationship of Sublessors and Sublessee with respect to the Leased Premises. 23.9 This Sublease shall not be modified or amended except in writing. 23.10 Each individual executing this Sublease for each of the parties hereby warrants and represents he is an authorized agent of such party on whose behalf he is executing this Sublease, that lie is duly authorized to bind such party to the terms and conditions of this Sublease. 10 23.11 In the event any legal proceeding is instituted to interpret or enforce any provision of this Sublease the prevailing party shall be entitled to costs and reasonable attorneys' fees in connection therewith. 23.12 Each of the parties agrees to execute suck other and further instruments and documents as may be necessary or proper in order to consummate and carry out tl,e transaction contemplated by this Sublease. 23.13 Sublessors' delivery of unexecuted copies of this Sublease is solely for the purpose of review by the party to whom delivered, and neither suck delivery nor any prior communication between the parties or their representatives) whether oral or written, shall in any way be construed as an offer by Sublessors to sublet the Leased Premises which are the subject of this Sublease- Sublessee's exectuion of this Sublease shall be deemed an offer but shall not be deemed accepted by Sublessors unless and until Sublessors shall have executed the Sublease and delivered a duplicate original thereof to Sublessee and obtained such approvals as may be necessary under the.Master I -ease . 23.14 This Sublease may be executed by the parties in several counterparts) each of which shall be deemed to be an original copy. IN WITNESS WHEREOF, each of the parties hereto has executed this Sublease of Real Property on the day and year -first above written. "SUBLESSORS": "SUBLESSEE": Maurice V. hreinen Richard V. Valdes Lancer Landing) Ltd. By: Lance L nding) Inc. 11 EXHIBIT "A" CHICAGO TITLE INSURANCE COMPANY DESCRIPTION PARCEL A: That portion of Lot M of Tract No. 919, in the City of Newport Beach, County of Orange, State of California, as per map recorded in book 29, pages 31 to 34 inclusive of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point 673.00 feet Easterly on the United States Government bulkhead line, from the point of intersection of the Easterly line of the County Road, between Newport Beach and Santa Ana, near the point where it enters the City of Newport Beach, and the United States Government bulkhead line as established in 1916 between Stations 127 and 128 the point of beginning being 466.55 feet bearing South 780 59' 36" East from the said point of intersection along said bulkhead line between Stations 127 and 128 and 206.45 feet through an angle of 6° 11' 36" along said bulkhead line on a curve concave to the South radius of 1910.00 feet, said point of beginning; begin on the said bulkhead line between Stations 128 and 129; thence normal to said bulkhead line between Stations 128 and 129, North 17° 12' 00" East a distance of 243.15 feet, more or less, to a point in the Southerly line of the State Highway named the Coast Boulevard; thence Southeasterly along the Southerly line of said Coast Boulevard on a curve concave to the South, radius of 1870.00 feet a distance of 143.19 feet, more or less, through an angle of 4° 23' 14" to a point; thence South 210 00' 30" West a distance of 243.62 feet, more or less, to a point in the bulkhead line between 128 and 129 last described line being normal to bulkhead line between Stations 128 and 129; thence Northwesterly along said bulkhead line between Stations 128 and 129 on a curve concave to the South, radius of 1910.00 feet, a distance of 127.00 feet through an angle of 30 48' 30" to the point of beginning. PARCEL B: The Westerly 100 feet of Lot G of Tract No. 919, in the City of Newport Beach, County of Orange, State of California, as per map recorded in book 29 pages 31 to 34 inclusive of Miscellaneous Maps, in the office of the County Recorder of said County. Also shown of the above Parcel A & B as Parcel 1, in the City Newport Beach, County of Orange, State of California as per maps recorded in book 184 page 39 of Parcel Maps, in the office of the County Recorder of said County. Code: 07-001 Parcel: 049-130-18 'ORM 3649.06 "l'7'�-1'�, -: .. .....i•., ,.�.�,�nµrMwA'q.+.�+w��!.« ... a b b 4 jt kn C ra ;. r� GG O�N N r i 7 x s x t � H w CL �e 7 7CL n r7 LA N � N 3 ' l+} A o V1 N O j 7 mob B�� E VARO i\ N 10 r w M w w w . 40 60 r w � � b N C1 a b � p • O a b b 4 jt kn C ra ;. r� GG O�N N r i 7 .M x s x t � H CL �e 7 7CL n r7 LA N � N 3 1 e-0_. m A o V1 N O j 7 .M x s x t � H .M M. VAR SLIPS LIN1: VICINITY MAP RALE N FEET FROM: DISTRI CTING MAP.NEWPORr BEACH, CA. r JOTE5: 1420C.Y OF SAND CPR EVIOUSLY HYDRAULIC FILL) TO BE REMOVED 8Y NYDRAULIC DREDGE TO BARGE AND DISPOSED AT GOVERNMENT ' APPROVED OCEAN DISPOSAL AREA. REINFORCED CONCRETE PILE (BULKHEAD), TIE R�. ODI d ANCHOR BLOC( �.IEWPORT OF-AcH --- 5TAN ARD PIAN NO. 1062. PLAN o' PURPOSE: DOCKING FACILITIES DATQM :11EAN LOMV LOU UA -IM (Ma.Wmopp) NATIONAL OCEAN SUZ)eY ADJACENT PROPERTY OWNERS: Qi J.R. INVESTMENT CO. OZ MS. HARRY GARTLEfK DT M' 57 — — — — — — — - EXISTING CURB FACE EXISTING SIDE WALK O PROPOSED SLIPS IN LIDO CHANNEL 3101 WEST PACIFIC COAST HIGHWAY NEWPORT BEACH ORANGE: COUNTY. CALIFORNIA APPLICA—lOr.l BY MR. JOE. MAMELLI -IA7-2.. SHEET 1 -FI 9/*L 76 QED 3 SLIPS . mu .HQDL`; D. IDV�01 BULC NERD EIOFbR e EACN 9TANDA40,9eG I+'>•iG L. �NIbNEST TIDE �]9 E%bT. GLIDE' URE M' 1NHHW�D.f 1 1MLLW O.00' MEAN SEA LEYEL'�1.]� iLDWE'.T TIDE -].e TIE RDD 4 ANC NOR PL K _ �v — NEWPOI[7 HEACN STANDARD iEE NOTE ?- AREA To BE EXISTING GRADE LINE DREDGED TYPICAL SECTION rm i VICINITY MAP RALE N FEET FROM: DISTRI CTING MAP.NEWPORr BEACH, CA. r JOTE5: 1420C.Y OF SAND CPR EVIOUSLY HYDRAULIC FILL) TO BE REMOVED 8Y NYDRAULIC DREDGE TO BARGE AND DISPOSED AT GOVERNMENT ' APPROVED OCEAN DISPOSAL AREA. REINFORCED CONCRETE PILE (BULKHEAD), TIE R�. ODI d ANCHOR BLOC( �.IEWPORT OF-AcH --- 5TAN ARD PIAN NO. 1062. PLAN o' PURPOSE: DOCKING FACILITIES DATQM :11EAN LOMV LOU UA -IM (Ma.Wmopp) NATIONAL OCEAN SUZ)eY ADJACENT PROPERTY OWNERS: Qi J.R. INVESTMENT CO. OZ MS. HARRY GARTLEfK DT M' 57 — — — — — — — - EXISTING CURB FACE EXISTING SIDE WALK O PROPOSED SLIPS IN LIDO CHANNEL 3101 WEST PACIFIC COAST HIGHWAY NEWPORT BEACH ORANGE: COUNTY. CALIFORNIA APPLICA—lOr.l BY MR. JOE. MAMELLI -IA7-2.. SHEET 1 -FI 9/*L 76 QED 3 �t'ADDRESS BUYERS NA IS _ .._-: .... ADDR ESS OF FACILITY: PERMIT � JI-Asely MAILING 1A�DDDRESS _ FEE ; - !X CHECK NO. 0ATa Wit 21 1 4*000# 04% E APPROVED BY: _" GATE APpCICAfFON IS HEREBY MADE TO TRANSFER HARBOR PERMIT OCHD �Yf� ih s SELLERS' NAME(S) BUYERS' NAME(S) ENG El (ABOVE NAMES TO BE TYPED) i COUNCIL WORKS SIGNATURE OF SELLER SIGNATURE OF BUYER PUBLIC DEPT.,.❑ - �. ESCROW SIGNATURE OF SELLER SIGNATURE OF BUYER 'C&�''*SPECTION -� SIGNATURE OF JOINT OWNER APPLICATION APPROVED (DATE) COORDINATOR CITY HARBOR '!-SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. CITY OF NEWPORT BEACH, CALIF. W% FORM 66-1013 REV. TRANSFER OF PERMIT INSTRUCTIONS 1. Submit application in quadruplicate on cards provided by the Tidelands Administrator. DO NOT REMOVE CARBON FROM CARD SETS. Complete the following .information on cards: a. Name: Name of new owner b. Address: Street address of facility C. Mailing address of new owner d. Telephone number of new owner e. Fee: $230 00 f. Application portion: (1) Fill in'permit number if known. If not known, leave blank and the number will be supplied by the Marine Department. (2) Type or print names of sellers and buyers. (3) Obtain signatures of sellers, buyers and joint owner, if appropriate. 2. When approved, the applicant will receive a copy of the appli- cation signed by the Tidelands Administrator. Any special con- ditions pertaining to the facility will be iisted,on -gyne card and the dates or previously issued permits or approvals ,by other agencies will be indicated. 3. If the new owner desires a copy of the drawing of.the facility, he may purchase one from the Tidelands Administrator for $1.00. BUYERS' NAME(S) ADDRESS OF FACILITY: PFRMIT # Richard V.Valdes/M.V. Threine 3101 W. Coast Hi hw ,NB.I 128-3017 MAILING ADDRESS TELEPHONE NO. , FEE CHECK N0. DATE 1939 Deer Avq., Irvine,Ca. 92 14 751-7220 1175.00 APPROVED BY: DATE APPLICATION 15 HEREBY MADE TO TRANSF II H RBOR P MIT i c�iard ..Valdes OCHD 0 Harrison's Marine, Inc.M.V. T, ei nen ENG SELLERS' NAMES) BUYERS' AIAME(S) (ABOVE NA ES TO BEPD) COUNCIL � � . PUBLIC WORKS NATURE OF SELLER SI E OF BUYER DEPT. ESCROW SIGNATURE OF SELLER SIGNATURE OF BUYER \ (, - INSP :N SIGNATURE OF JOINT OWNER APPLICAT N A�VDTE)-% ❑ CITY HARBOR C RDI ATOR SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE ITY COUNCIL IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. I CITY OF NEWPORT BEACH, CALIF. l CITY OF NEWPORT BEACH P.U. BOX 1768, NEWPORT BEACH, CA 92663-3884 October 15, 1984 Jerry Hatfield c/o Bally Yacht Club 1939 Deere Avenue Irvine, CA 92714 Dear Mr. Hatfield: On October 8, 1984, the City Council approved the request to temporarily use a vessel as an office. A copy of the Staff Report is attached for your information. Please pay special attention to the "conditions of approval". If you have any questions please call me at 644-3044. Very truly yours, 04 Tony Mel m Tidelands Administrator Attachment TM: db 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH AGENDA ITEM NO. F-14 Marine Department October 8, 1984 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 128-3017 BY RICHARD VALDES AND MAURICE THREINEN TO BERTH AND TEMPORARILY OCCUPY, AS AN OFFICE, A 46 FOOT VESSEL BAYWARD OF 3101 WEST COAST HIGHWAY Recommendation: If desired, approve the application subject to the following conditions: 1. That the vessel be used as an office for.a maximum time of five months. 2. That once the five month period has expired the vessel be removed from the harbor. 3. If upland offices become available before the five month period has expired, then the vessel should be vacated and removed. 4. That no one live aboard. 5. That the vessel be berthed as close as possible to the bulkhead. niccucGinn- This application is before the City Council as required by Section 5.C.3. of the Harbor Permit Policies which state: 5.C.3. "Prior approval of the City Council will also be required before issuing a permit for shore -connected structures when (3) The upland property is zoned commercial". Bally Yacht Club has been a leasee of the property at 3101 West Coast Highway. The property has been cleared and a new building is in the process of being constructed. Once the parking area is built and black topped, in approximately 5 months, the contractor will provide temporary offices for Bally Yacht Club. In the interim, Bally Yacht Club wishes to occupy a'46 foot vessel as an office until these other arrangements are made. Once the upland offices have been provided, Bally Yacht Club will vacate the vessel and it will leave the harbor. Bally Yacht Club's principal business is the sale and charter of the vessels that occupy the slips at 3101 West Coast Highway, so an office adjacent to these vessels is very important to their operation. Tony Mel um Tidelands Admini trator CFO 71 / D Az� D YACHT CLUB August 14, 1984 Mr. Tony Melum City of Newport Beach P. 0. Box 1768 Newport Beach, California 92663 Dear Mr. Melum: Please accept our application for a temporary office to be located at the Bally Yacht Club marina at 3101 West Pacific Coast Highway. This floating office will be used during the period of below ground excavation and pouring of the main floor slab. At that time temporary office trailers will be used. Enclosure Sincerely, Jerfy Hatfield / President BALLY YACHT AND CHARTER CLUBS INTERNATIONAL, INC. 1939 Deere Avenue • Irvine • California 92714 • (714)751-7220 SEW PO�r � ID <11,0 1.117Y ­.�lofi 8 August 1984 ti CITE' OF NEWPORT BEACH J. BUA , ,)8, NLV, L'O;,, i3Lj�CH, CA 9_:()03:3884 Jerry Hatfield President, Bally Yacht and Charter 1939 Deere Ave. Irvine, Ca 92714 Re: Harbor Permit 128-3017 Dear Mr. Hatfield: As I indicated to you by telephone it is my opinion that the barge ("vessel") you have moored at your docks at 3101 West Coast Highway is in violation of sections 17.40 and 17.41 of the Newport Beach Municipal Code. It is my understanding. that you plan on using this "vessel" as an office during the upland constructjon prior to the installation of office trailers that will be provided,I assume, for the existing tenants. You stated this would be about 90 days and then the "vessel" would be relocated to San Diego. Approval for what you suggest if it can be approved would require action by the Newport Beach City Council. Please contact this depart- ment immediately to begin this process to preclude further action to remedy this situation. Sincerely, Tony lel um TM:el cc: Richard V. Valdes J. Jakosky 3300 Newport Boulevard, Newport Beach 3,01 100( ac tc-�� i-e;;- ,��Hwe 44�fJ 6" YACHT CLUB !e RRY HATFIELD BALLY YACHT AND CHARTER President CLUBS INTERNATIONAL, INC. 1939 Deere Avenue, Irvine, California 92714 / (714)751-7Q2220 SHE Fr EPARTMENT. awm C NT" /2f -3-017 -Santa Ana, California On June 11, 1984, at approximately 6:30 a.m., a Lancer.power...boat towed in a houseboat. The houseboat is described as about 50 feet long with a two story shingle super structure on -an old landing craft.or barge. ,It. did not appear.that the houseboat had any steerage from the -way it was'wander- ing when being towed. On June 16, 1984, the houseboat was located at Bally Yacht Club at 3101 W. Pacific Coast Hwy., Newport.Beach. Request.the City of Newport Beach be contacted to see if Bally'Yacht Club has a current business license for renting slips (NBMC 17.40.020).. Secondly, is anyone living aboard (NBMC 17.40.030). Thirdly, does Bally Yacht Club have a houseboat marina permit (NBMC 17.40.040). r � 14 � t ` 1 , 1-0 STATUS SHEET HARBOR PERMIT TRANSFER LOCATION 3J.Q / W �rat_ ` t Seller Buyer. Date Application Received: Request for Inspection made by: y� yy 30/7 PERMIT NO. Date Fee Received: Escrow Co. Date Escrow Officer Escrow No. Address Phone: Date Inspection made: Deficiency Letter sent: Deficiency corrected: Transfer completed: Date Inspection: z 1. Location L r � ` s, , 2. Pl.umbi ng : e m 42 vim° r`�'`� K' X. A 3. Electrical :s• ' 4. Structural: I 5.OTHER: REMARKS: Inspected by: 1 619-011-1 DATE TIME Fog WHILE YOU WE E OUT M 1Z p_ 4l PHONE NO. (V ` -Z- '7 " Ex TELEPHONED PLEASE CALL -RETURNED YOUR CALL WILL CALL AGAIN CAME IN TO SEE YOU URGENT MESSAGE oe BY _ I a L y.ROlyLY TONOT OCLID[.TAL L►NO DIC. AA[IwIE DIC. dDUN J. JALcmcr &LNNETM WAYIAMN JDC mAMLLLI I i TYPICAL SECTION VICINITY MAP - �� •wa w•nA7 - _ FROM:DISTRICTIN4 MAp.Nlw(ORT DE ACN,CA. OO N I I•ofl T E T�O�� E11ST1Nb CONCRETE M'_•: _. —• 4O.PJ' 1 LINEF'UNdID f • NOTES: a ' 1 1 1420 C.y OF SAUDCPREVIOUSLY HYDRAULIC FILL) TO BE REMOVED BY MYDRAUUC DREDGE X. TY NNE ` � \ 1 lV 1 LLS SUL EAP LINE .. C OiS-C 4rYLJGe��Y OIaI LOAF . f / i REINFORCED NC CONCRETE PILE C6ULK NEAD), TIE 1 ROD.bANCMOR MOCK O&Z- Rj PEACH Q � � STAN ARO PLAN Na Io62. TOP OF NEW SULK,4EAD _ 3 O 1 ~ *AME AS MEIOANT OF l21STIN& _ O .O � 9 OULKNEAD(•'107 • - :8 v' i a AREA W BE DREDGED r m CbCmEt: 40 O �C ,y ALL CeIF•c+lJL7� leWRf laacN VO • 1 <-.� 4LE NTE X. WHTIM - TAnLTPD 3 — [nDfM 6 /Eaf'L[TY - 0 - - ------------------LO'��bta U __ LOT rGr - IL Il z 16 \r f � Q R , e E;1* LOQ MOOD AUIKMP.AD -- u, TO OEr. R lMOVLD I- i I In • - •1 KILN _OKE ERI*TING . CURD FACE _ I 1 / e•- _ ouD AITfI.To :g � Be NZPW ED 1 • __ .(O -sal 9RE PB' _ EXISTING WALJ /a z 90 CIL TD. CM L+OUOI A,LTRA710N *IDLwALI( - ao _ _- fd_ I / % .HiLKMEAD LINE . LOf CATION OF EJIKTING 2AMNW j 6 - te ExtSTIN0 'Cow- WALL ,420•*-' PLAN ® O tzm i e idN'td _rm sl�:D 'T PROPOSED SLIPS PURPOSE : DOCKING FACIUTIE5 IN LIDO CHANNEL •' -DATOM :r1MM LOICE LOU "Llm 611LV 0O MUPOL OCPM SIIEVET 5101 WEST. PACIFIC COAST MI&MWAY ADJACENT PROPERTY OWNERS: NEWPORT BEACH I 0 J.R. INVESTMENT CO. ORANGE COUNT`(, CALIFORNIA © MS. MARRY( 6ARTLER - APPLICATIO1N N BY MR. JOE MAMELLI H4L2K70MALKI & INC. SMLLT 1 or 1p4 i70 '� - • REVAMP -At. ON .. RRNe[D 17 H LEV•*D */MAD COMMISSIONERS j May 6, 1982 � � c m � m c m W> % � City of Newpc t Beach p/ MINUTES ROLLCALLI III IIII INDEX Request to consider a Traffic Study in conjunction with Item #1 the development of a 41,494 sq. ft. t marine office and retail commercial center. TRAFFIC AND STUDY Request to permit the construction of a marine office and retail commercial center in the Recreational Marine AND Commercial Area of the Mariner's Mile Specific Plan Area which exceeds the basic height limit of 26 feet in the 26/35 Foot Height Limitation District and contains a greater gross floor area than .5 times the buildable Item #2 area of the site. The proposal also includes a modification to the Zoning Code so as to allow the use of compact car. spaces for a portion of the required off-street parking spaces, and the acceptance of an USE_PERMIT NO. 2066 . environmental document. LOCATION: A portion of Lot G, and Lot M, Tract No. 9.19, located at 3101 West Coast Highway, on the southerly side of West Coast Highway between Newport Boulevard and BOTH Riverside Avenue, in the Mariner's Mile APPROVED Specific Plan Area. CONDI- TIONALLY ZONE: SP -5 APPLICANTS: Richard V. Valdes and M. V. Threinen, Irvine OWNERS: Same as applicants Agenda Items No. 1 and 2 were heard concurrently due to their relationship. The public hearing opened in connection with these items and Mr. Bill Gearhardt, representing the applicants, appeared before the Commission and requested approval of these applications. In response to questions posed by Commissioner Allen, Mr. Gearhardt explained that the building envelope has substantially remained the same size as was originally proposed. -2- . COMMISSIONERS j ~ May 6. 1982 MINUTES � � m A m N City of Newport Beach ROLL CALL INDEX However, Mr. Gearhardt stated that the project has been revised to meet the concerns of the Coastal Commission. He stated that the Coastal Commission would not approve this project if it were to be moved back 20 feet because the view corridor would be affected. Further, he stated that the proposed project will not obstruct any views from the Towers building which is located 75 feet in front on the proposed project. In response to a question posed by Commissioner King, Mr. Donald Webb, City Engineer, stated that the proposed project will not produce more than one percent of the traffic at the intersection of West Coast Highway and Balboa Boulevard/Superior Avenue. Commissioner Kurlander asked if the public access to the bay is at surface level. Mr. Gearhardt stated that they would prefer the public access at surface level, _ but they are willing to construct the bridge, if required. Commissioner Beek stated that he had voted against this project originally, because .81 times the buildable area is too great a.density for the' Mariner's Mile area. However, he stated that since this particular project is an improvement over the prior proposal, he will be supporting the project. Motion X Motion was made for approval of the Traffic Study, Ayes X X X X X subject to the following findings and condition, which Abstain X MOTION CARRIED: 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 'major', 'primary -modified', or 'primary' street. -3- Motion Ayes Abstain MVSSIONERS ( , May 6, 1982 MINUTES COM y r C Cr a C Ir 0 n a City of Newport Beach Q IX K4 CONDITION: 1. That prior to the occupancy of the proposed project the "Circulation System Improvement described in the Initial Study - "Martha's vineyard" - Restaurant/Office Complex dated December 1981, on page 8 and figure 4 of Appendix E shall have been completed (unless subsequent project approvals require modification thereto). The improvements shall be subject to the approval of the City Traffic Engineer. Motion was made for approval of Use Permit No. 2066, subject to the following findings and conditions, which MOTION CARRIED: USE PERMIT 2066 FINDINGS: 1. That the proposed development is consistent with the General Plan and the Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The proposed development will not have any significant environmental impact, providing that parking demands are met. 3. The Police Department has indicated that they do not contemplate any.problems. 4. The increased building height will result in increased public visual open space and views of the bay than would result from compliance with the basic height limit, inasmuch as the building will have a 95' setback from the easterly property line. 5. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment. -4- Motion Ayes Abstain CONDITION: 1. That prior to the occupancy of the proposed project the "Circulation System Improvement described in the Initial Study - "Martha's Vineyard" - Restaurant/Office Complex dated December 1981, on page 8 and figure 4 of Appendix E shall have been completed (unless subsequent project approvals require modification thereto). The improvements shall be subject to the approval of the City Traffic Engineer. Motion was made for approval of Use Permit No. 2066, subject to the following findings and conditions, which MOTION CARRIED: USE PERMIT 2066 FINDINGS: 1. That the proposed development is consistent with the General Plan and the Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The proposed development will not have any significant environmental impact, providing that parking demands are met. 3. The Police Department has indicated that they do not contemplate any problems. 4. The increased building height will result in increased public visual open space and views of the bay than would result from compliance with the basic height limit, inasmuch as the building will have a 95' setback from the easterly property line. 5. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment. -4- MINUTES ( COMMISSIONERS May 6, 1982 e X r" C m m 2 z a . : � City of Newport Beach Motion Ayes Abstain CONDITION: 1. That prior to the occupancy of the proposed project the "Circulation System Improvement described in the Initial Study - "Martha's Vineyard" - Restaurant/Office Complex dated December 1981, on page 8 and figure 4 of Appendix E shall have been completed (unless subsequent project approvals require modification thereto). The improvements shall be subject to the approval of the City Traffic Engineer. Motion was made for approval of Use Permit No. 2066, subject to the following findings and conditions, which MOTION CARRIED: USE PERMIT 2066 FINDINGS: 1. That the proposed development is consistent with the General Plan and the Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The proposed development will not have any significant environmental impact, providing that parking demands are met. 3. The Police Department has indicated that they do not contemplate any problems. 4. The increased building height will result in increased public visual open space and views of the bay than would result from compliance with the basic height limit, inasmuch as the building will have a 95' setback from the easterly property line. 5. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment. -4- MINUTES COMMISSIONERS ( , May 6, 1982 MINUTES A r Cr go m m C 'ma z City of Newport Beach ROLL CALLM INDEX 6. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing development or public spaces. 7. The increase in height in no case results in a floor area exceeding the floor area permitted by Section 20.62.030. 8. The proposed number of compact car spaces constitutes 23± percent of the parking which is within limits generally accepted by the Planning Commission relative to previous similar applications. 9. The proposed use of compact car spaces will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and 'improvements in the neighborhood or the general welfare of the City and further that the proposed modification` is consistent with the legislative intent of Title 20 of this Code. 10. The approval of Use Permit No. 2066 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. 11. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions of this project. 12. That based on the information contained in the Negative Declaration, the protect incorporates sufficient mitigation measures and that those mitigation measures reduce potentially significant impacts to a level of insignificance. -5- r COMMISSONERS ` May 6, 1982 \ ;. m a City of Newport Beach 13. That approval of the floor area in excess of .5 times the buildable area is warranted because of the permanent restrictions on building size and the agreement of the applicant to ensure that marine -oriented uses occupy the excess floor area, or will remain vacant if not so occupied. MTft1TTTl1MC 1. That development shall be in substantial conformance with the approved plot plan and floor plan, and elevations, except as noted below. 2. The height of the proposed structure shall be lowered to conform with the established average height limit of 35' as measured from natural grade. 3. That all conditions of Resubdivision No. 688 shall be fulfilled. 4. 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. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That the on-site vehicular and pedestrian circulation systems be subject to further review by the Public Works Department. 7. Parallel parking spaces.adjacent to walls shall be a minimum of 10 feet wide. 8. That a 10 foot wide easement be dedicated to the City for unobstructed public access across the bayside of the parcel and that the walkway be improved with the design to .be. approved by the Public Works Department. MIM MINUTES INDEX M ANSSIONERS C May 6, 1982 1 W C CL W >City of Newport Beach 9. That a 10 foot wide easement be dedicated to the City for access to the bayside public walkway from West Coast Highway and that the location of the easement be approved by the Public Works Department. 10. That a condition survey of any existing concrete bulkhead that is to remain along the bayside of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendation of the condition survey and to the satisfaction of the Building Department and the Marine Department. 11. There shall be a minimum of 7'-0" vertical clearance in all parking and ramp areas. 12. A dust control plan shall be prepared for the project, and be submitted and subject to the approval of the Building Department. Such a plan may be prepared and submitted in conjunction with any required erosion control plan. 13. The demolition, grading and building permits to be issued for the proposed project shall include provisions for limiting such activities to hours considered acceptable for the project area. 14. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport should be included in any Covenants, Conditions, and Restrictions which may be recorded. against the property. Disclosure Statement The Lessee, his heirs, successors and assigns, herein, acknowledge that: (a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such services; (b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport. -7- MINUTES COMMISSIONERS May 6, 1982 MINUTES A 7C m Q m7C m m > >,aoraZ ity of Newport Beach 0151111M. U1111111 112101 (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. 15. The existing gates which control the vehicular entrance/exit to the. parking lot on the project site shall be removed to better facilitate access to and from the proposed parking lot. 16. Prior to demolition of existing facilities and construction of the new facilities, a complete plan for litter and debris control shall be approved by the Planning and Marine Departments to ensure that no debris is permitted to enter Newport Harbor. 17. The grading permit shall include a description of haul routes, access points to the site, and a watering and sweeping program designed to minimize impacts of haul operations. 18. The grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities to minimize the potential water quality impacts from silt, debris and other water pollutants. 19. All on-site drainage shall be approved by the City Public Works Department. 20. An erosion and siltation control plan shall be prepared and submitted to the Building Department, and shall be approved by the City Grading Engineer. 21. The erosion and siltation control plan shall be forwarded to -the California Regional Water Quality Control Board - Santa Ana Region ten days prior to any construction activities. 545 COMMISSIONERS C` May 6, 1982 MINUTES 7=c.L Cit of New ort Beach a ROLL CAU INDEX 22. A landscape and irrigation plan for the project shall be prepared. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. Prior to occupancy, the applicant shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 23. That the landscape plans for plantings adjacent to the public right-of-way be reviewed and approved by the Public Works Department. 24. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, and the approval of the Planning Department. 25. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 26. The landscape plan shall place heavy emphasis on the use of drought -resistant native vegetation, and be irrigated with a system designed to avoid surface runoff and overwatering. 27.. Prior to issuance of the building permit, the applicant shall consider and discuss with appropriate representatives of the City of Newport Beach possible participation in a compensation program for the loss of intertidal area, provided that the City and the various agencies involved in regulation of Newport Bay have established such a program. 28. Upon completion of construction, the project applicant shall provide for weekly vacuum sweeping of all paved parking areas and drives. A weekly cleanup program around the docks and public walks shall be conducted on a regular basis. 29. The project shall be designed to comply with Title 24, Paragraph G, Division T-20, Chapter 2, Subchapter 4 of the California Adtinistrative Code (Insulation Standards). 30. Final design of the project shall provide for the incorporation of water -saving devices for project lavatories and other water -using facilities. Im K 9 m v d : X ma)I- C >mapraz May 6, 1982 �• MINUTES of Newport Beach ROLL CALL 11 1 I III I I I INDEX 31. Final design of the project shall provide for adequate security lighting in public areas of the project site. 32. The project shall be so designed to eliminate light and glare spillage on adjacent uses. Any parking lot lighting shall be subject to the approval of the Planning Department. 33. That all commercial area in excess of .5 times the buildable area of the site (i.e.,16,811± sq.ft.) shall be limited to marine -oriented uses as required by the Mariner's Mile Specific Area Plan in Section 20.62.070, D, of the Municipal Code. 34. That if the particular percentage of marine - oriented uses are not maintained, due to a change in occupancy from marine -oriented to some other proposed uses, that the property not used by the marine -oriented uses is to remain vacant and unused until a suitable tenant which fits the marine -oriented criteria is found. That the applicant or permittee consents to maintain that -space as unoccupied and understands that the vacancy may result in economic hardship. 35. That the applicant .or permittee by accepting the use permit approval, consents to the specific enforcement of all conditions imposed by the Commission and specifically the conditions relating to the required occupancy of a percentage of the structure by marine -oriented uses and that the applicant or permittee waives any rights to defend any legal action brought by the City to specifically enforce those conditions of occupancy. 36. That the owner of the property is required to notify the Planning Department of the City of Newport Beach upon any change in tenancy which would affect the marine -oriented uses and shall provide copies of all documents requested by the Planning Department or the City in conjunction with that change in tenancy. 37. 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 .81 -10- COMMISSIONERS �, May 6, 1982 1, MINUTES �;K rc C. 0 r 5 Cr 40 aCit of Newport Beach ROLLCALLI 111 1114 1INDEX times the buildable area on the subject. property, in consideration of granting the use permit to exceed the height. 38. That no commercial, marina operated, boat docking facilities shall be permitted bayward of the site unless the applicant shall obtain the required Harbor permits and provides the necessary upland support facilities, i.e., restroom facilities for the boat slip users and .75 parking spaces for each marina boat slip and .75 parking spaces for each 25 feet of available mooring space not classified as a slip. 39. The applicant must provide the Marine Department with proof of ownership of uplands adjacent to the Marina. 40. The applicant must comply with Sections 17, 18, and 19 of the Harbor Permit Policies and specifically, 22 slips will -require 17 parking spaces. 41. The applicant must be on notice that the new bulkhead was approved based on the preexisting property use, and changes in this use may make the bulkhead as designed, inadequate. 42. That a minimum of one parking space for each 250 sq.ft. of floor area within the walls of the structure, and the required loading spaces for the retail uses, shall be provided on the property. 43. That all mechanical equipment and trash areas shall be screened from adjoining property and from West Coast Highway. 44. That chimneys shall be permitted to exceed the height limit only to the extent required by the Uniform Building Code. 45. That the weathervanes shall be permitted to exceed the height limit and shall be in substantial conformance with the plans as submitted. 46. That the flagpole shall be restricted to a height not to exceed 50 feet above grade. -11- F CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST AbVANCE PLANNINGAIVISION PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEER FIRE DEPARTMENT PLAN REVIEW DIVISION PARKS & RECREATION POLICE DEPARTMENT 7MARINE SAFETY GRADING APPLICATION OF Valdes / Threinen Date February 25, 1982 X PLANS ATTACHED (PLEASE RETURN) _PLANS ON FILE IN PLANNING DEPT. FOR A VARIANCE USE PERMIT No. 2066 RESUBDIVISION TRACT MAP ON A REQUEST to permit the construction of a marine office and retail commercial center in the recreational marine commercial area of the Mariner's Mile Specific Plan Area which exceeds the basic height limit of 26 feet in the 26_/_35 Foot Height _Limitation District and contains a greater gross floor area than .5 times the buildable area of the site. The proposal also includes a Modification to the Zoning Code so as to allow the use of compact car spaces for a Portion of the required offstreet parking spaces and the approval of an amended traffic stud On a portion of Lot G & M Tract No. 919 ADDRESS 3101 W. Coast Hwy. REPORT REQUESTED BY March 8, 1982 C014MISSION REVIEW COMMENTS: March 18, 1982 1. The applicant must provide the Marine Department with proof of ownership of uplands adjacent to the Marina. 2. Applicant must comply with Sections 17, 18, and 19 of the Harbor Permit Policies and specifically, 22 slips will require 17 parking spaces. 3. Applicant must be on notice that the new bulkhead was approved based on the pre-existing property use, and changes in this use may make the bulOead as designed, inadequate Tony Mblum, Tidelands Administrator 3-8-82 Commercial Bro ers, Inc. COMMERCIAL AND INDUSTRIAL REAL ESTATE March 23, 1981 Mr.Tony Melum NEWPORT BEACH HARBOR DEPARTMENT 3300 Newport Blvd. Newport Beach, Ca. 92663 RE: Permit #128-30-17 Dear Mr. Melum: Pursuant to our conversation today, please be advised that there is no request for transfer of the above -referenced permit. However, I understand that you will remove Harrison's Marine, Inc. (Joe Mamelli, President) from the revision to the above -referenced permit. I further understand that the checks tendered as payment of fees will be returned directly to Harrison's Marine and Lancer Yachts. Thank you for your attention and consideration in this matter. S Philippi SteYndr, President COMMERCIAL BROKERS, INC. PS:ja cc: Ken Wasmann Occidental Land, Inc. Richard V. Valdes Lancer Yachts Joe Mamelli Harrison's Marine, Inc. 23565 Moulton Parkway Laguna Hills, CA. 92653 714-770-9513 f %TE OF CAUPOINIA EDMUND G. BROWN JR., Ge.er*or ,I CALIFORNIA COASTAL COMMISSION SOUTH COAST REGIONAL COMMISSION 6" E. OCEAN 90UMARD, SHITE 3107 P.O. Box 1450 LONG KACK CALIFORNIA 9W1 (213) SPO- I p1u 6" -ft" COASTAL DEVELOPMENT PERMIT Application Number: T-81-7760 Name of Applicant: Richard V. Valdes & M.V. Threinen c/o Lancer Yachts, 1939 Deer Avenue, Irvine, Ca. 92714 Permit Type: [:] Emergency ® Standard (Transfer) ❑ Administrative Development Location: 3101-3107 West Pacific Coast Highway Newport Beach, Ca. Development Description: Demolition of existing boat slips and wooden bulkhead, construction of concrete bulkhead and 23 new boat slips, repair existing 22 space parking lot and construction of 14 additional spaces. I. The proposed development is subject to the following conditions imposed pursuant to the California Coastal Act of 1976: SEE ATTACHED PAGE 3 Condition/s Met On 7-9-80 By dp Page 1 of 2 Page 2 of 2 The South Coast CommissLit finds that: A. The proposed development, or as conditioned; 1. The developments are -in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976 and will not prejudice the ability of the local government to prepare a local coastal program that is in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976. 2. If located between the nearest public road and the sea or shore- line of any body of water located within the coastal zone, the development is in conformity with the public access and public recreation policies'of Chapter 3 of the California Coastal Act of 1976. 3. There are no feasible alternatives, or feasible mitigation measures, as provided in the California Environmental Quality Act, available for imposition by this Commission under the power granted to it which would substantially lessen any signi- ficant adverse impact that the development, as finally proposed may have on the environment. III. Whereas, at a public hearing, held on April 28, 1980 at Huntington Beach by a unanimous xb vote permit application number P -80-6362/T-81-7760 is approved. IV. This permit may not be assigned to another person except as provided in Section 13170, Coastal Commission Rules and Regulations. V. This permit shall not become effective until a COPY of this permit has been returned to the Regional Commission, upon wFi h copy all permittees or agent(s) authorized in the permit application have acknowledged that they have received a copy of the permit and have accepted its contents. VI. Work authorized by this permit must commence within two years from the - date of the Regional Commission vote upon the applica ion. Any extension of time of said commencement date must be applied for prior to expiration of the permit. VII. Issued on behalf of the South Coast Regional Commission on March 19 , 19 81. M. J. Carpenter Executive Director I, , permittee/agent, hereby acknowledge receipt of Permit Number T-81-7760 and have accepted its contents. (date) (signature) Prior to issuance of permit, applicant shall agree to and obtain written confirmation from the U.S. Department of the Interior, Fish and Wildlife Service that the following recommendations by the Service have been incorporated into the project. 1. The proposed concrete sheet pile bulkhead should be constructed in the same location as the existing wooden bulkhead or landward of same. 2. At the eastern end of the proposed project, where no bulkhead now exists, any new bulkhead should be constructed landward of the mean higher high (IMM) tideline. 3. Discharge of dredge material tailwaters should not be permitted and a silt curtain should be deployed around the dredging site if dragline equipment is used. 4. Dredging should not be allowed closer than 50 feet of the easternmost project boundary (as shown on the public notice drawing as the mitigation area). 5. New docks should not be permitted landward of the existing docks, about 50 feet from the MHHW line, and no closer than 50 feet of the easternmost property line (as approximated by the mitigation area shown on the public notice drawing). 6. Runoff from the parking area should be directed away from the mitigation area indicated on the public notice drawing. w•• 1w t1a e`-�•• 1 Pw c D..LD unr+.4 owAVl L•va .aw TYPICAL SECTION VICINIT" MAP •wo... o•sT F.rT.w ..•v...... r•o+F e..rw. u. ■..I,• c .rwcn ^•+y1 © „ n•oe 5� L T•o.T f J F 1 1 1 NOTES: - i 1130C.Y OF D(PREv.ODSL•( wy DRAULIC f F- I DE R[S•N••OvED DY 1•YDw..0 UC Dwco4L W / / "E o /. a^�v-.rte t rAt_rry =+. J y CMr7i LOUC FlLTrlTl'J•f we••..owc[D co..C�cT[ F•.L[ (BuLKuu D), TIE • / ; ROD,L ANCHOR [••LOCK UC WP-rtT DLACM _ 1 ,x cl I n.I_vAKD PL/eu NO 104 L. a_ f• / '---TOP — MEW DULKHEAD IO 0 U A Q• 5 -ML Ay F. ---T OF 4115711( 3 - Q[J FI /:I I DULKwi AD( -tom%. l S 41 _ AREA TO DE DR ED4[O ID i -e o . _ • , .t L r o , A» ,=It .7w. OIM 6 /�/ _- ------ _ ----------_c0T I.r• od LL 1, C' /70' / La15 T.UG .O r•opD DUL1(wT+^ _-_ C uwe ,R . c[ j 1 aOn7 Gl ,rp O..o1C I�yT..LL L1Kl•vG ' / 0 7 M4 1 C-d�0 rllTftR01 I -Id wAL!( �uLK1auD Leve _ i 11 J lOC n7 K)•• OF LJ RT"'•C l•IMNW �j3 • -------- _ �� I� re _ 2ff`1'IGATION AREA PLAW O • 7 .Y u PROPOSED SLIPS PURPOSE : DOCKING FACIUTI25 IN LIDO CHANNEL DA-Mm:%AM x—E I.C. U&MM & _.Lyn,00j µ17l. L cx fm .J,,r=T X101 WEST PACIFIC COAST N14NWAr ADJACENT PROPERTY OWNERS: I.IC W�O.cT DEAC►1 lO J.FL INVESTMENT CCL _�� O HS M ARY GARTUP, South Coast R giml ORANGE COuD.f vT �', CALIF ORIVIq C��TT••�� }V.___'�� t.PPLIC-TI=Y MR. JOE MAMFLLI om x1 �V ws Y 11+G OVA :ler o e' -SHEET 1 or 4 ,lA1.p�LY "R.s�T OCidt+fLL lI•.O IG. rAll .►Dr w4l.ua wC. �Yie J J.LO�Y � L{YYt TI W4e•A•1Y r` JDC MPIatLI I IA � -9 RIO [ AW -III IP -1 �- 41+fNn1T OII.Cr tilYpLRO I {et •.sla 1 tat[ TI W M{DMD ' T TYPICAL 5ECTION VICINITY MAP —� :_ RO.+_D.lTRlCilY6 NM,M[wp+� a[sC r�, L4. SEMrw•O COUCR[TL L / NOTES L' I+xoc.Y Of sANo(►RevwllsLT NYoltAuuc N PILu Tb s{ Rcwoveo eY NYp[Auuc oRenae �i4(„t A•L f sr CLIIJTY 0--VTAMI aero.... f •+• /0 L lYTC AIT111 fMR4 LIQ7L PTLTGTL71.f. L ...Co.RCOrC wIT! Del! CEYLK / ROD,f) A PL b,.00K ORT •LJ:Cp 7 TMMDMP PLAN NO 104 O&L. L. TOP 01• NCW 0—KNIAD .. IAM& A7 Malo«T o. 0 -m -n-4 bYLKM AD(•ZO). -AR{A To OL O�RLD"O TNo,l9 49L •n1{ L. ■rrttl .07. Q IROrITY _____LOT fir______________________ \a / R 91 6 10'.000 iuLKw/AD TO WL--- / / • I TO •l f{MIvaD 9 Y t*H _ 0" of.g vS.— C. 1 4' . LON N YI hN mm •rA.O P.TRIIRO.e 0,08—" ! / 1J/ I iOCAT1004 ti} bI uKTwb i1NNW 1J11lTrK OOL t4RLL N 2 f 1' 71 ! 1JY��'�� 1 PLAN PURPOSE : DOCKING FACII—ITIES .. DATOH -.rem LC•Cc ICN mum &ajo1aO wroo /\ Ochi wAM ADJACENT PROPERTY OWNERS: 1O J It INYtSTMENT CO. O MS "AIIIl`( &A11TLER 1 . i may I PROF505ED 5LIP5 IN TIDO CHANNEL 5101 WEST PACIFIC COAST -1--AY NlvVPPRT wEACM OIIAN6[ COUNTY. CALIPORNIA APPLICATION EY MR JOL MANlLLI 1+.t,[G TlI&-K rNG SNt{T 1 MIllt !'I•.fD f�ti <fv.wl pvsf� MII U[YM .. ..._..._........�s.r�_.c-Baa.�..w_...�,s�v,NMSi'!F'�•.•gvs� sl+.�••r,..w�T,+.v....l+'."v„V'Y.'�„4P!tr XJ4!1'yryl.�l]ryK✓�..a•�•• SPECIAL CONDITIONS: 1. The proposed concrete sheet pile bulkhead shall be constructed in the same location as the existing wooden bulkhead or landward of same. 2. At the eastern end of the proposed project, where no bulkhead now exists, any new bulkhead shall be constructed landward of the mean higher sigh (MHHW) tideline. 3. Discharge of dredge material tailwaters shall not be permitted and a silt curtain shall be deployed around the dredging site if dragline equipment is used. 4. Dredging shall not be allowed closer. than 50 feet from the easternmost project boundary (as shown on the public notice drawing as the mitigation area). 5. Runoff from the parking area shall be directed away from the mitigation area. 6. New docks should not be permitted landward of the existing docks, about 50 feet from the MHWW line, and no closer than 50 feet of the easternmost property line (as approximated by the mitigation area shown on the public notice drawing). 7. You must contact the U.S. Coast Guard, Aids to Navigation Branch (213) 590-2222, at least two weeks (2 weeks) prior to any construction. 8. That if any findings of potential archaeological, scientific, prehistoric or historic significance occur during contstruction, work shall be immediately suspended and the District Engineer shall be notified. After an evaluation of the significance of the findings, this permit may be modified, suspended or revoked in whole or in part, in accordance with General Condition (j) or (k). CITY OF NEWPORT 13EAC 7 HARBOR 1 PERMISSION IS HEREBY GRANTED TO COUSTRUCT ANC MAINTAIN THE FACILITY sg@a'SWN ON THE RrVZ 5E HEREOF AT THE SITE INDICA-67-71), SUREC- fed THS, THE HARBOR Pe:€2.`UE OF ?'Z-7,1; -O.WiT BEACH ANY ANY SPECIAL COKD,11Gb'd: _..:STE:-') PE1dI47 IS NOT TRANSFEI$P 21f: r ": ei5 :e :-�.:.a';,'i €3 WSEHT G THE C9:Y HARBOR $,;L,u:. )e...._w, ;( �. :�', � .iVV TI Ri8a1liS GIOf£RJ UND-1 E.'. f..¢''s.. i= i? s 'a OI"IL AND THIS PERMIT MAY C:L: FiLVGKr-D S'.' 7'i'.t C"y COUNCet IN ACCORDANCE WITH T&TLE 17 GF THE FSS UNECI P'AL CODE. CITY HARBOR COORDi-CIATOR / -Q 9 3y/ 7 t /z-7'/6/ PERMIT NO. DATE CON TRUI l , T DATE----------- SEE ---------1I . aJA AUTHORIZED BY /CITY COUNCIL SPECIAL COI'IOITIt: Orange County Permit Other., - 00" � y46'111601) SUPERCEDED FIEVISION/NEW CONSTRUCTION 03 I G I N I'1'Y OF . pROPQSF,D• vv Q of ' r6ofr 4 p D v • c VICINITY SkE:TCH r� vl A N SovY7 ci'i�yys vie c� rr,nr�ss er�in !'met d0,74e# �iPybl;�is 4 SCALE : / � _ /00 � ,6�w6w /Vl�q� .Co�v�-,Cow rVa yder, G 7. +9.0 � /9 �,CoPOs�O • F<o.yT � F ` �xisTiwG G —b.o M I caoyr- . A+tc�ior . Sulk. V.c�.46A IA i7 FXISf�NG r LO Wl /d. —ZO.O 6,9/ 01J4 r AP,-41CArloN BY r ICA3'fflzer, 1,a,AK.�s..4.S�tc.�c� V Y /4/7�sav 609 COAST Nl-WAY REVISION/NEW CONSTRUCTION 1.28--- -3 01-7 Commercial Bro ers, Inc. COMMERCIAL AND INDUSTRIAL REAL ESTATE March 5, 1981 Mr. Tony Melum NEWPORT BEACH HARBOR DEPARTMENT 3300 Newport Blvd. Newport Beach, Ca. 92663 RE: Permit Assignment/Harrison's Marine, Inc. Permit 3101 W. Coast Highway, Newport Beach. Dear Mr. Melum: Harrison's Marine, Inc. has entered into an agreement with Mr. Richard V. Valdes and Mr. M.V. Threinen to assign the company's interest in the above -referenced property. It is the intent of the buyers to undertake immediate development of the marina and bulkhead project as soon as assignment is effected with regard to The City of Newport, Harbor Dept. Permit, The Coastal Commission Permit, and the Department of the Army Permit. We have applied to the latter two (2) agencies, and hereby request your approval of this assignment. - In conformance with your instructions, the buyers have signed the application provided by The Tidelands Administrator, and same is enclosed herewith. I am also enclosing a check in the amount of $175.00 for processing said application. If you need any further information, please contact me at this office. Thank you for your attention and consideration in this matter. Si s�> Phili COMME PS:ja Enclosures cc: Richard V. Valdes, President Lancer Yachts Joseph Mamelli, President Harrison's Marine, Inc. Ken Wasmann Occidental Land, Inc. Joe Kennedy- �. Stoner, PresidE L BROKERS, INC. 23565 Moulton Parkway Laguna Hills, CA. 92653 714-770-9513 f7 :` !I&TI ", C_A-L1t0f141& ALIFORN!A COASTAL COMMISS SOUTH CC ST KGID k41 COWISSION sse I ( CION pL VAJM- iUnl 1107 t Vol 1&30 LOKC, &I.CM. CAII"WIA W40) COASTAL DEVELOPMENT PERM (2151 "OS07) (714) t"C", Permit Type: Administrative EV Standard f-7 Emergency Applicfticn Number: P-80-6362 arrison s arine, Inc Kenneth Sampson Name of Applicant: Joe Mamelli, President oast ig way 1 Newport Beach, CA 92663 N. B. CA 92663 Development Location: in17 West Coast Highway Newport Beach, CA Development Description: Demolition of existing boat slips and wooden construction of concrete bulkhead arld 23 new boat slips, repair X; 22 space parkin lot and construction of 14 additional Spaces. 1. Whereas, at a public hearing, held on at Huntington Beach by a vote of April 28, 1980 unanimous inti the Commission hereby ants, subject to condition/s, a permit for the; proposed development on the grounds that, as conditioned, the develops is in conformity with the provisions of Chapter 3 of the Coastal Act, will not prejudice the ability of the local government having j uri s di c_ tion over the area to prepare a Local Coastal progran conforming to ti-`: provisions of Chapter 3 of the Coastal Act of 1976, is located betweer the sea and the public road nearest the sea and is in conformity with .. the public access and public recreation policies sdof Chapter 3 of the significant Coastal Act, and will not have any he environment within the meaning of the California Environmental Qualit) Act. 11. Conditions: pe attach Condition/s Met On 7-9- SO By dv III- This permit may not be assigned to another person except as provided in Section 13170 of the Coastal Commission Rules and Regulations. IV. This permit shall not become effective until a COPT of this permit has been returned to the Regional Commission, upon which copy all permittees or agent/s authorized in the permit application have -acknowledged that they have received a copy of the permit and have accepted its contents. V. Work authorized by this permit must com-►ence within two years from the date of the Regional Commission vote upon the applica itit on. Any extensio of time of said commencement date must be applied for prior to expiratio; of the permit. VI. Issued on behalf of the South Coast Regional Commission on 198 V I, receipt of Permit Number P-80-6362 _ /L--L-� (Date) M. J. Carpenter Executive Director permittee/agent, hereby acknowledge and have accepted its contents. 0— (Signature) -3 - Conditions for P -80-6D b2 Prior to issuance of per -mit, applicant shall agree to and obtain written confirmation from the U.S. Department of the Interior, Fish and Wildlife Service that the following. recommendations by the Service have been incorporated into the project. 1. The proposed concrete sheet pile bulkhead should be constructed in the same location as the existing wooden bulkhead or landward of same. 2. At the eastern end of the proposed project, where no bulkhead now exists, any new bulkhead should be constructed landward of the mean higher high (MHHW) tideline. 3. Discharge of dredge material tailwaters should not be permitted and a silt curtain should be deployed around the dredging site if dragline equipment is used. 4. Dredging should not be allowed closer than 50 feet of the east- ernmost project boundary (as shown on the public notice drawing as the mitigation area). 5. New docks should not be permitted landward of the existing docks, about .50 feet from the MHHW line, and no closer than 50 feet of the easternmost property line (as approximated by the mitigation area shown on the public notice drawing). 6. Runoff from the parking area should be directed away from the mitigation area indicated on the public notice drawing. ti 4 Aauaw --- )OV ;j Gos� 57-- <7" Z7 i- - SPLCO-N DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES. CALIFORNIA 90053 Harrison's Marine, Inc. 2327 South Main Street Santa Ana, California 927.07 Gentlemen: 31 July 1980 In response to your request of 3 October 1978 (79-4), there are inclosed two copies of a draft permit authorizing you to remove bulkhead, boat slips, guide piles; construct bulkhead, boat slips, guide piles, and ramps; and dredge about 1,420 cubic yards in Newport Bay, Orange County, 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. Both 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. Both 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, 1 Incl (dupe) IGWY41—. TEAGUE g� As stated Colonel, CE District Engineer SPLCO-N _PARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES. CALIFORNIA 90053 Harrison's Marine, Inc. 2327 South Main Street Santa Ana, California 92707 Gentlemen: 15 August 1980 Your Permit No. 79-4 has been validated and is inclosed. Also inclosed are work status post cards and notice of authorization. 3 Incl 1. Permit 2. Work Status Post Card (dupe) 3. Notice of Authorization Sincerely, . TEAGUE Colo el, CE 7 District Engineer Application No. 79- _ Name of Applicant HARRISON'S MARINE, INC Effective Date 15 August 1980 Expiration Date (if applicable) 15 August 1983 DEPARTMENT OF THE ARMY PERMIT Referring to written request dated 3 October 1978 for a permit to: (XI Perform work in or affecting 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); ( . ) 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 Federal Water Pollution Control Act (86 Stat. 816, P.L�.92-500); ( ) 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 Act of 1972 (86 Stat. 1052; P.L. 92-532); Harrison's Marine, Inc. 2327 South Main Street Santa Ana, California 92707 is hereby authorized by the Secretary of the Army: to remove an existing wooden bulkhead, eight (8) boat slips, and seventeen:(17) guide piles; install a new concrete bulkhead, twenty (20) boat slips, about twenty-two (22) concrete guide piles, and two (2) ramps; dredge about 1,420 cubic yards of material, using a dragline. The dredged material will be disposed of at an upland site (surrounded by a confinement dike) with no return flow back.to the bay,/// in Lido Channel, Newport Bay, Pacific Ocean at :3101 West Coast Highway, City of Newport Beach, Orange County, California. in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit (on drawings: give file number or other definite identification marks.) "PROPOSED SLIPS ... MR. JOE MAMELLI, HARRISON MARINE INC. SHEET 1 OF 1 ... REVISED 6/23/80" /// subject to the following conditions: 1. General Conditions - a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; and that arry 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 i or k hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this permit has been previously modified, suspended or revoked in whole or in part. ENG FORM 1721 EDITION OF 1 APR 74 IS OBSOLETE. (ER 1145-2-303) 1 JUL 77 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 established pursuant to the Federal Water Pollution Control Act of 1972 (P.L. 92-500; 86 Stat. 816), 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, of any pollutant (including dredged or fill material), into waters of the United States, the authorized activity shall, if applicable water quality standards are revised or modified during the term of this permit, be modified, if necessary, to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implemental on 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. I. 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 permit the District Engineer or his authorized representative (s) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance with the terms and conditions prescribed herein. h. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance 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 nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. j. That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. Such suspension shall be effective upon receipt by the permittee of a. written notice thereof which shall indicate (1) the extent of the suspension, (2) the reasons for this action, and (3) any corrective or preventative measures to be taken by the permittee which are deemed necessary by the District Engineer to abate imminent hazards to the general public interest. The permittee shall take immediate action to comply with the provisions of this notice. Within ten days following receipt of this notice of suspension, the permittee may request a hearing in order to present information relevant to a decision as to whether his permit should be reinstated, modified or revoked. If a hearing is requested, it shall be conducted pursuant to procedures prescribed by the Chief of Engineers. After completion of the hearing, or within a reasonable time after issuance of the suspension notice to the permittee if no hearing is requested, the permit will either be reinstated, modified or revoked. k. That this permit may be either modified, suspended or revoked in whole or in part if the Secretary of the Army or his authorized representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. Any such modification, suspension, or revocation shall become effective 30 days after receipt by the permittee of written notice of such action which shall specify the facts or conduct warranting same unless (1) within the 30 -day period the permittee is able to satisfactorily demonstrate that (a) the alleged violation of the terms and the conditions of this permit did not, in fact, occur or (b) the alleged violation was accidental, and the permittee has been operating in compliance with the terms and conditions of the permit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and conditions of this permit; or (2) within the aforesaid 30 -day period, the permittee requests that a public hearing be held to present oral and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procedures for making a final decision either to modify, suspend or revoke this permit in whole or in part shall be pursuant to procedures prescribed by the Chief of Engineers. I. 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 false, 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 authorize - -zin is not started on or before lay of ///////// 19 (one year from the date of issuance v, -nis permit unless otherwise specified) and is not completed on or before //////////// day tyf / / / / / / / / / / L19 / / / i . (three years from the date of issuance of this permit unless otherwise specified) this permit, not previously revoked or specifically ex -ended, shall automatically expire. p. That this permit does not autho,:ze or approve the construction of particular structures, the authorization or approval of whicv may require authorization by the Congress or other agencies of the Federal Government. q. That if and when the permittee r.esires to abandon the activity authorized herein, unless such abandonment is part of a transfe- 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 perr-;t 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. s. That there shall be no unreasonaUe interference with navigation by the existence or use of the activity authorized herein. t. 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 comp', with all terms and conditions of this permit or by the transferee subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be corded along with the deed with the Register of Deeds or other appropriate official. II. Special Conditions: (Here list conc:tions relating specifically to the proposed structure or work authorized by this permit): a. That the proposed concrete sheet pile .bulkhead shall be constructed in the same location .as the existing wooden bulkhead or landward of same. b. That at the eastern end of the proposed project, where no bulkhead now exists, any new bulkhead shall be constructed landward of the mean higher high (MHHW) tideline. c. That discharge of dredge material tailwaters shall not be permitted and a silt curtain shall be deployed around ..the dredging site if dragline equipment is -used. d.- That dredging. shall not be allowed closer than 50 feet from the easternmost project boundary (the mitigation area shown on sheet 1 of 1). e. That runoff from the parking area shall be directed away from the mitigation area indicated on sheet 1 of 1. f. New docks should not be permitted landward of.the existing docks, about 50 feet from.the MHHW line; -and no closer than 50 feet of the easternmost property line '(as approximatedby the mitigation area shown,on sheet 1 of 1. g. You must.contact the.U.S. Coast Guard, Aids to Navigation Branch (213) 590-2222, at least two (2) weeks prior to any construction. h. That if any findings of potential archaeological, scientific, pre- historic or historic significnace.occur .during construction, work shall be immediately suspended and the District Engineer .shall be notified. After an .evaluation of the significance of the.findings, this permit may be modified, suspended .or revoked in whole or in part, in .accordance with General Condition (j) -or (k) ._ /// 3 The following Special Conditions will be applicable when appropriate: STRUCTURES IN OR AFFECTINu .JAVIGABLE 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 sha% 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 comply with the direction of the Secretary of the Army or his authorized representative, the Secretary or his designee may restore the waterway to its former condition, by contract or otherwise, and recover the cost thereof from the permittee. 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. issuance 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 years from the date of issuance of this permit Iten 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 pursuant to Section 404(b) of the FWPCA and published in 40 CFR 230; b: That the discharge will consist of suitable material free from toxic pollutants in other than trace quantities; c. That the fill created by the discharge will be properly maintained to prevent erosion and other non -point sources of pollution; and d. That the discharge will not occur, in a component of the National Wild and Scenic River System or in a component of a State wild and scenic river system. DUMPING OF DREDGED MATERIAL INTO OCEAN WATERS: a. That the dumping 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 dumping 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. or,050��,&x av�_,Z_ J MA"IeL VIyTTEE )0J2/iDFNT BY AUTHORITY OF THE SECRETARY OF THE ARMY: aQ�:L_Z4r4,, u u^ A. TEAGUE Colonel, CE DISTRICT ENGINEER, U.S. ARMY, CORPS OF ENGINEERS Transferee hereby agrees to comply with the terms and conditions of this permit. TRANSFEREE 4 DATE 15 August 1980 DATE DATE -3 - Conditions for P-80-6362 Prior to issuance of permit, applicant shall agree to and obtain written confirmation from the U.S. Department of the Interior, Fish and Wildlife Service that the following recommendations by the Service have been incorporated into the project. 1. The proposed concrete sheet pile bulkhead should be constructed in the same location as the existing wooden bulkhead or landward of same. 2. At the eastern end of the proposed project, where no bulkhead now exists, any new bulkhead should be constructed landward of the mean higher high (MHHW) tideline. 3. Discharge of dredge material tailwaters should not be permitted and a silt curtain should be deployed around the dredging site if dragline equipment is used. 4. Dredging should not be allowed closer than 50 feet of the east- ernmost project boundary (as shown on the public notice drawing as the mitigation area). 5. New docks should not be permitted landward of the existing docks, about 50 feet from the MHHW line, and no closer than 50 feet of the easternmost property line (as approximated by the mitigation area shown on the public notice drawing). 6. Runoff from the parking area should be directed away from the mitigation area indicated on the public notice drawing. ° CITY OF NEWPORT BEACH cgcr Fo �N�P' April 16, 1980 John Jakosky City Harbor Permit #128-3017 898 West 18th Street Costa Mesa, CA 92627 Dear Mr. Jakosky: It is my understanding that the South Coast Regional Commission has raised some questions with regards to your Harbor Permit Application to rebuild a bulkhead and boat slips.at 3107 West Coast Highway, Newport Beach. In order to clarify the questions, as I understand them, let me offer the following, 1. The State of California, beginning in the year 1919, granted the City of Newport Beach certain tidelands and submerged land within the City limits. This original tideland grant was approved on May 25, 1919 and became effective July 25, 1919. Section 1 of the original tideland grant to the City of Newport Beach states that, "There is hereby granted to the City of Newport Beach, a municipal corporation of the State of California, and to its successors, all of the right, title and interest of the State of California held by s�id State by virtue of its sovereignty, in and to all that portion of the tidelands and submerged lands within the present boundaries of said City..." The original tideland grant goes on to state that the tidelands shall be used "...solely for the establishment, improvement and conduct of d harbor and for the establishment and construction of bulkheads or breakwaters for the pro- tection of lands within its boundaries, or for the pro- tection of its harbor, and for the construction, mainte- nance and operation thereon of wharves, docks, piers, slips, quays,. ways and streets, and other utilities, structures and appliances necessary or convenient for the promotion or accomodation of commerce and navigation... In addition, the City or its successors may grant fran- chises thereon for ;a period not exceeding twenty-five years for warves and other public uses and purposes, and may lease said lands or any part thereof for a period not exceeding twenty-five years for purposes consistent City Hall - 3300 Newport Bouleyard, Newport Beach, California 92663 Mr Jakosky -2- April ie, '11980 with the trust upon which said lands are held by the State of California and with the requirements of commerce or navigation at said harbor. Subsequent to the statutes of 1919, additional tidelands have been granted'by statute to the City of Newport Beach. These grants have been for the same purpose as the original 1919 grant. 2. The City of Newport Beach administers the tideland grants by harbor regulations as set forth in the Newport Beach Municipal Code, Titles 17. In addition to the Municipal Code, the City of Newport Beach City Council adopted a comprehensive set of Harbor Permit Policies on June 1, 1964 by resolution 6019. The City Council Harbor Permit Policies stipulate what, how and where piers and boat docks can and shall be built in Newport Bay. 3. Harbor Permit Foes— Newport Beach Municipal Code, Section 17.33.020 Statement of Policy and Intent. The City Council finds and determines that: 1. The City of Newport Beach as the grantee in trust .from the State of California of most of the tide and submerged lands comprising the developed area of Newport Harbor has the responsibility of adminis- tering said lands in conformity with the purposes set forth in the trust and with the accepted stand- ards of equity and management of public lands and resources. 2. In order to carry out its responsibilities, the City must maintain comprehensive records concerning. piers and other structures permitted in Newport Harbor, must conduct periodic inspections and enforce all laws and regulations applicable thereto, and must furnish information and account to the State of California for its. stewardship of said trust lands. 3. In accordance with the foregoing findings, the City Council,determines that all pier owners should pay an annual fee. 4. The revenue resulting from the foregoing fee shall be used exclusively for the administration, mainte- nance and improvement of the harbor. 5. It is the policy of the City Council that the fees imposed pursuant`. to this Chapter shall not be subject to any change for a period of five (5) years following the effective date thereof. Mr..Jakosky -3- April 16, 1980 The fee structure for commercial piers is spelled out in Section 12 of the City Council Harbor Permit Policies and reads as follows: 113. Commercial piers over City Tide and Submerged Lands not under City lease --- 8.5� square foot/permit area. ('a) Fees imposed pursuant to this policy shall be adjusted by appraisal every five (5) years. The adjustment in the commercial pier permit fee shall be based upon an appraisement of fair rental value of said tidelands prepared by a qualified, independent M.A.I. appraiser (member of the American Institute of Real Estate Appraisers). The valuation shall include considera- tion of the unique characteristics of Newport Harbor, wherein the publicly owned tideland area subject to this fee must be joined with privately .owned uplands to form an economically feasible commercial usage." 4. Water Area Covered by the Harbor Permit Application. The City's Municipal Code and Harbor Permit Policies allow the upland property owner, in a commercial zone, the use of the waters between the prolongations of the side property lines from the U.S. Bulkhead Line to the U.S. Pierhead Line. Within this described area, the City charges the Harbor Permittee'an annual fee as outlined in paragraph 3a above. If I can be of further assistance in qualifying the questions that you and I have discussed, please feel free to call me. Si ncerely,� &A6d.4� David Harshbarger, Director Marine Department DBH:nn cc: City Attorney FgATE OF CALIFORNIA .CALIFORNIA COASTAL COMM[,. -.JN SOUTH COAST REGIONAL COMMISSION 666 E. OCEAN BOULEVARD, SUITE 5107 P.O. BOX 1450 LONG BEACH, CALIFORNIA 90801 (415) $90-5071 (?14) 846.0648 To: Commissioners From: Executive Director Subject: Summary and Recommendation Application No.: P-80-6362 EDMUND G. BROWN JR., Governor 96dp March%` 1980 Z �6� Attachments: 1. Site Location Map-"" 2. Letter: Fish and Wildlife Service 3. Plot Plan 4. Correspondence and Alternatives Relating to Access Conflict 5. 6. 7. 8. 1. Administrative Action: 19 notified The application has been reviewed and is complete. The 49 -day hearing period expires Public Hearing is scheduled for 3-31-80 ConFlnuations, (if any) were granted as follows: 1. 2-11-80 Commission 2. 3. 2. Applicant: Harrisons Mar e, Inc., Et. Al. (714) 631-2547 �G cant's full name Joe Mamelli, President Telephone number 3017 West Coast Highway Address Newport Beach, CA., 92663 Kenneth Sampson (714) 631-2547 Representative's name Telephone num er 2521 Bayshore Drive Address Newport Beach, CA., 92663 3. Project Location: a) City or District b) County Newport Beach Orange c) Street Address 3017 W. Coast Highway d) Area is Zoned S -P-5 Marine Commercial I,rN- , 7. -�77,• ..rlvtn... 1''J�4r 'Ea••' a� K F+k:t< i•T.*.. .'n. F .n .w -mac - Y;t ..+F ;7 :-. ,,_. PROJECT DESCRIPTION: Demolition of existing boat slips and wooden bulkhead, _onstruction of concrete bulkhead and 23 new boat slips, repair of existing 22 space parking lot and construction of 14 additional spaces, LOCATION DESCRIPTION & STREET ADDRESS: In the vicinity of the intersection of Newport Beach and West Coast Highway at 3017 West Coast Highway in Newport Beach DISTANCE FROM MEAN HIGH TIDE LINE: In Lido Channel PRESENT USE OF PROPERTY: Boat Sales and Display SITE SIZE: Irregularly Shaped = 72,900 sq. ft. DENSITY: Gross: N/A Net: N/A UNIT MIX: ON-SITE PARKING: Primary 36 ft. Size = 9' x 20' z Tandem = Size = Total = 36 � PROJECT HEIGHT: Above AFG = N/A Above CFR = 'NJA PROJECT COST:- $ 400,000 EIR: Categorically Exempt AGENCY -APPROVAL: Approval in Concept = City Marine Dept. 8-16-79, Project has State Lands and RWQCB approval. -2- n '�<'e.ate^�ac'+?!..!�'�a.'itR,��,'`�!c`•:sp+:etT"•7'!'yr'.�7`F.!.;??'.-�/RZs'r'��!'!tiT'"'",f"�,,r�7�: A"'��'!':r.r...� � s..'.TFi;'v^.Z•;;c.'SY�'?�.�e�r,=,.��F^.^:'r -." 'Tn'Ir`(F yr "".'la%1'lr ,+ .t L.. wl'aPr 2q':v"'t•�+yS. l Ghf MATE OF CALIPORNIA EOw►uND c tIIOwN 1R . Ge.•„ o, CALIFORNIA COASTAL COMMISSION SOUTH COAST REGIONAL COMMISSION 606 E. OCEAN SMUVARD, MY[ 7107 r O box 14W LONG REACH. CALI/ORNIA 9001 COASTAL DEVELOPMENT PERMIT (213) SMS071 014) W-C"I Permit Type: L7 Administrative C Standard /_7 Emergency Applicition Number: P-80-6362 Harrison's Marine, inc Name of Applicant: Joe Mamelli, President Kenneth Sampson Coast ig way Newport Beach, CA 92663 N. B. CA 92663 Development Location: 3017 West Coast Highway Newport Beach, CA Development Description: Demolition of existing boat slips and wooden of concrete bulkhead aAd 23 new boat slips, repair of arkin lot and constructfb� of 14 additional spaces. I. Whereas, at a public hearing, held on April 28, 1980 ii. at Huntington Beach by a vote of unanimous NS the Commission hereby grants, subject to condition/s, a permit for the proposed development on i�grounds that, as conditioned, the development is in conformity with the provisions of Chapter 3 of the Coastal Act, will not prejudice the ability of the local government having jurisdic- tion urisdic- tion over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act of 1976, is located between the sea and the public road nearest the sea and is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. Condition/s Met On %'-9.80 By dp III. This permit may not be assigned to another person except as provided in Section 13170 of the Coastal Commission Rules and Regulations. IV. This permit shall not become effective until a COPY of this permit has been returned to the Regional Commission, upon wHi ch copy all permittees or agent/s authorized in the permit application have acknowledged that they have received a copy of the permit and have accepted its contents. V. Work authorized by this permit must commence within two years fror- the date of the Regional Commission vote upon the application. Any extension of time of said commencement date must be applied for prior to expiration of the permit. VI. Issued on behalf of the South Coast Regional Commission on gUAL % , 1980 I, receipt of Permit Number P-80-6362 M. J. CarU V penter Executive Director permittee/agent, hereby acknowledge and have accepted its contents. (Date) (Signature) RECOMMENDATION: Z Exe Atfve Director recoat .ds Commission adopt the following resolution: I. Approval With Conditions The Commission hereby grants, subject to conditions below, a permit for the proposed development, on the grounds that the development as condi- tioned will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, is in conformity with the public access and public recreation policies of Chapter 3, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. II. Conditions Prior to issuance of permit, applicant shall agree to and obtain written confirmation from the U. S. Department of the Interior, Fish and Wildlife Service that the following recommendations by the Service have been incorporated into the project.. 1. The proposed concrete sheet pile bulkhead should be constructed in the same location as the existing wooden bulkhead or landward' of same. 2. At the eastern end of the proposed project, where no bulkhead now exists, any new bulkhead should be constructed landward of the mean higher high (MHHW) tideline. 3. Discharge of dredge material tailwaters should not be permitted and a silt curtain should be deployed around the dredging site if dragline equipment is used. 4. Dredging should not be allowed closer than 50 feet of the easternmost project boundary (as shown on the public notice drawing as the mitigation area). 5. New docks should not be permitted landward of the existing docks, about 50 feet from the t4i'MVI line, and no closer than 50 feet of the easternm—ast property line (as"approximated by the mitigation area shown on the public notice drawing). 6. Runoff from the parking area should be directed away from the mitigation area indicated on the public notice drawing. III_ Findings and Declarations The Commission finds and declares as follows: A. Project Background: The project first appeared on the consent calendar for February 11, 1980 where it was moved to public hearing by the Commission. During public testimony at the consent hearing the issue arose that the proposed project might adversely affect the access to private boat slips for a condominium project immediately adjacent to the west of the proposed. 511 Y... �s �.`�•J. KT N'.f .��A�f.',��! .-�^�T.=+'\•''IA1.11 11.N �?'V11�?I�'1�,. �T. ,i"1i.��.'.�R. TwT+!a MT :T i1'iCa�a..��.`�:.:wt!^` 'l:, �. It is the opinion of the Executive Director that the access question is not a Coastal Issue but rather one of local concern; however, documents submitted by the applicant and opposition which relate to this issue are attached hereto, as Attachment 4 (12 pages) for information purposes. Additionally information has been received relating to the project which was not available at the time the item was placed on the consent agenda. This information was provided by the U. S. Fish and Wildlife Service and is appended hereto, as Attachment 2. B. Consistency with the California Coastal Act of 1976: 1. Appropriate Use The project as now exists is used as a boat sales and display. The seven slips to be removed are 85 feet long and are used for display of relatively large boats. These slips are to be replaced by 23 new slips for display of power and sailboats with length varying from 13 to 30 -foot slips and 10 slips varying from 35 to 42 -feet. The proposed project will then result in a boat display and sales facility for a larger inventory of smaller boats,the change undoubtedly resulting from consideration of economic factors. The project as it now exists and as it will be used upon completion is a private boat sales facility as opposed to a public marina. Section 30255 of the Coastal Act states: fbsalal-delienlaiot developowLe shall leve lerlorl ty over oLller develaMenLe on or near Use dborellne. Facept as provided elsewhere let Usla division, cosatal-deptuidenl, develop- wunl.a shall noU be sited in a wetland. Merl siN)mpriaLo.,- coestel-related duvelo a! -,Its allnul )q secces"lated w! Lhf n ruusonabl e pruxlellLY l.o tho coasLal-delunid pL�119Vs U C 1 o (Aamekled by Cal. SLuta. 19799 al. lap. Being a commercial sales use,the existing project and the proposed, are not coastally dependent. They are, however, coastal related uses since they provide equipment sales to the boating and sport fishing public and is therefore an appropriate use and is in conformity with Section 30255. The Commission should note that the project will increase onsite parking from 22 spaces to 36 spaces. While not critical to a boat sales facility it would enhance the development should it ever be connected to public use as a small boat marina,since the provided onsite parking exceeds the recommended parking for a 23 slip marina by five spaces. -4- ,,lfi _''�'?^,s'F°.'�^ .;�: R'w�.y#.^"^`>'rT''?a:�s'C ?N,t"cs e"" '^'r^s1'!'^'."i.�o+.�•�e..t'Ra^�h!;w+:�.�.,�'-++ �>. t. -.a, rti ir_'t.-�''e'-s. 'r� 71 .i..v. .t+..�.. .. _ :'�. �• d:�' 1. _,• � 4 .; .., ., ..'_ .' � !';� :.• - - :S:•:•-_��^.-.�.. �-.. :.``-c - ,t:_. _•rt �. ^:.^ n..c:-rf,rert. Mai.+`�i�-�.faipver•.awh-S.:h-�eavrim:'+..:ra•nr.�#,vr..:�.:s+-. .irk�.-ati".` r�.#•. s.. wive.-'Y�.i� f� --iwn +;arc e u ...... ... s� �,-+r..n .. � _ 2. Maintenance of Marine Resources Sections 30230 and 30231 of the Coastal Act states as follows: Mnrl sue I.L.I 411- :es Am]] he wallltalewcl, elploalocetl, 81111 w oeru re;asl l►1 e, restored. ilpecial protection shnll Iw given to areas seal epecles or elpeclal 1pluloblcal or eouimmIc significance. Uses or tlee wart foo a iswi evooseoet atoll ho carried out lei a walaour Lleat will soostal ro the blologl cal procluctl vi ty or coesLal waters sial that will waleotaln loealthy pulpulatiuoro or all species •,r narlose organisms scicerlato ror lo1VS-teem ccunaerciale recrestloomJo scl esiLl ri e, soul ecicicaLlOoLA purposes. sm, -Jo2 i1 L Ilio bl nl osi cal prociuctivl Ly semi Lhe qual 1 ty or consLal' waters, streams, wetlersis, estuaries, seal lakes slepruprlaLe to oaelnLain optimum iwimu- laLl000s of marleus organisms aryl for Use protection of laosan localtlp shall be malntalneel sari, odcere feasible, restored through, among other weans, winlmizirog sciverse effects or, waste water dle- close-ge:s soul eopLo-alonwiL, controlllrog novorr, prevuootleig dcelpletion or groulwl water sup olles cowl subetaool-lal interference vlLh surface water flow! ermwool•nt;ing waste water reclemaLlneo, wa1leta1eping ncotelral vegeLatioro buffer areas that prutue:t ri lwr•l en habitats, soul ml ni ml zing alter - Woos or natural streams. The letter from the Fish and Wildlife Service (Attachment 2) indicates that the proposed project may have adverse effects on marine resources as follows: (Excerpted) Our most recent field investigation on 9 August 1979, confined that the . •-_ -:= proposed project area serves as a nursery and feeding ground for a variety of marine flab. botto"welling organises and water -associated }irde. In -particular. the east end of the proposed project. characterised as a sed -enclosed. shallow and/sand beach. embodies these biological :-.values. The applicant's agent, who was present at the time of our Inspection was cognizant of these values. We advised his of our likely .recommendations for avoiding adverse impacts. ". The applicant has been advised of the proposed conditions. The Fish and Wildlife Service is advisory of Engineers and acts under the authority Service. The Service has recommended that development modifications and controls on -5- to the U. S. Army Corps of the Fish and Wildlife the Corps place certain the project as follows: �':..?�Ty, y+^�'_ :a��"-. +J.^.."�..e'-i,^'�C' ; t_SSR'�.?;r+c+s-rs-:g`s'', .�•ia.. ';�- �.T?"37T,'!��'°n'.".Y'��vr1-v,•,F"`"'.-.,r�.. ,-nw�ni-.r,..+.n �:+rt.w,-�' r•. 'C,`.?5`s' .. �'- ... �..-.. .. r_.ax . .- ..^r,� � �a.,.._ _ Is the see location as the existing wooden bulkhead or landward of same. At t' astern and of the proposed project, a no bu—'ead Blow ..atm, a:', w bulkhead should be constructed lane. :d of t, An highar high OM W) tideline. 3. Discharge of dredge material tailwacers should not be permitted and a silt curtain should be deployed around the dredging site if dragline equipment is used. 4. Dredging should not be allowed closer than 50 feet of the easternmost project boundary (as shown on the public notice drawing as the mitigation area). S. New docks should not be permitted landward of the existing docks. about 50 fast from the MHHW line, and so closer than 50 feet of the easternmost property line (as approximated by the mitigation area shown on the public notice drawing). 6. Runoff from the parking area should be directed away from the mitigation area indicated on the public notice drawing. The Commission should note that the east end of the development is cited by Fish and Wildlife as the most sensitive marine biological value area contained within the project.. Further, the recommended modifications are directed toward mitigating any adverse effects in the northeast area by eliminating expansion into this area. Inasmuch -as Section 30230 of the Coastal Act requires that marine resources be maintained it is recommended that the Commission attach the recommendations as conditions of approval with the finding that the project, as conditioned, is in conformity with Sections 30230 and 30231 of the Coastal Act. M. J aP r enter Executive Director Information Contact DeWitt Pickens dfr 1.2 i 'Y.r •�9� a elTM LOCATION.) "-.%, LO Mr +�0'rw.dte • p_ G3G2 Affocliment 1. k7` x'�A7y's�s4�-s++w�7r+�v„ '.. ., "'a,�#aw►J'r/rf�7"s�f*��R'wow' cs�Rw -4 R �'l. Frc r+• 3 C .. . i t, a�F I Sn y�.i. •et-'� .� f ,. Y� aS pnr RSc• ,? rw .t a �^ 1 J....c_ ,...nrw.....:;t2Da':2�+.'-:?,t:kxa:.'i<::i.V.,bSeidw....:::L'..;5'6r: a, r.:�a4cCXwE.�Y.3+iu!a.�',s.3?::S:Cia�i�D'sYa.Se.:[_. r,� y,Aix m.s.Ytr :rte✓. r.Ss�.:�'y.z.±�:r?:n�.v�:�i :s. �,. <.cw9.�...�.,.r.,..... . .. t.N .. .�..., :._ r. ... . a r L' United Staics Dcpartmcnt cif il�c l»icriox 3 Z 4 FISH AND WILDLIFE SERVICE AREA MANAGER 2800 Cottage way, Room E-2740 r• � �rr Sacramento, California 95825 FED 6 198 OI 6 In Reply Refer To: ES -LN District Engineer Los Angeles District Corps of Engineers P.O. Box 2711 Los Angeles, CA 90053 Re: PN 79-4 - Harrison Marine, Inc. Dear Sir: The U.S. Fish and Wildlife Service (FWS) has reviewed the referenced public notice dated 16 January 1980, for work in lower Newport Bay, Orange County, California. These comments have been prepared under the authority, and in accordance with the provisions, of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and other authorities mandating Department of Interior concern for environ- mental values. The applicant proposes the removal of existing docks and guide piles and wooden bulkhead. New docks, piles, and bulkhead would be constructed. Further, about 1,420 cubic yards of material would be dredged from beneath the docks and disposed of on land. An unspecified quantity of backfilling appears to be required just inland of the proposed bulkhead. This project proposal is similar to an earligr public notice (78-51, dated 13, January 1978) with the addition of'dock reconstruction and dredging. Our most recent field investigation on 8 August 1979, confirmed that the proposed project area serves as a nursery and feeding ground for a variety of marine fish, bottom -dwelling organisms and water -associated birds. In particular, the east end of the proposed project, characterized as a semi -enclosed, shallow mud/sand beach, embodies these biological values. The applicant's agent, who was present at the time of our inspection was cognizant of these values. We advised him of our likely recommendations for avoiding adverse impacts. P 6SG2 At1'ac6rne42 f In order to prevent the permanent and needless destruction of fish and wildlife habitat in Newport Bay, FWS recommends that a permit not be Issued for the work described in the public notice. However, there are opportunities which would considerably reduce the adverse impacts. We believe that incorporation of the following modifications to the proposal would result in a more environmentally acceptable project, and would be . in the best interest of public fish and wildlife resources. 1. The proposed concrete sheet pile bulkhead should be constructed in the same location as the existing wooden bulkhead or landward of same. 2. At the eastern end of the proposed project, where no bulkhead now exists, any new bulkhead should be constructed landward of the mean higher high (MHHW) tideline. 3. Discharge of dredge material tailwaters should not be permitted and a silt curtain should be deployed around the .dredging site if dragline equipment is used. 4. Dredging should not be allowed closer than 50 feet of the easternmost project boundary (as shown on the public notice drawing as the mitigation area). 5. New docks should not be permitted landward of the existing docks, about 50 feet from the MHHW line, and no closer than 50 feet of the easterrixAst property line (as"approximated by the mitigation area shown on the public notice drawing). 6. Runoff from the parking area should be directed away from the mitigation area indicated on the public notice drawing. Following incorporation of the above conditions into the subject public notice, the project will then be acceptable to this agency. Service personnel are willing to work with the applicant, insofar as manpower and funding constraints will allow. Should there by any questions regarding our recommendations, please contact Mr. Jack Fancher or Mr. Ralph Pisapia at our Laguna Niguel Field Office, FTS: 796-4270. Sincerely yours, VPT-77Area Manager cc: N14FS, Terminal Island, CA CDFG, Marine Res. Reg., Long Beach, CA EPA, Reg. IX, San Francisco, CA CCC, S. Coast Reg. Comm., Long Beach, CA P. z �. �l�acln,n�en� 2 z Y I LI S71114G GRADE LME 43 PIERMEAD LINE J W Z U 1 c .� O r� Ji►- . 1 - L I I Ir K POT 6 CAO! Voc N M[AM fBA LML*rJ %71E RM, ACMOR t ►- PORT PEACH %l- _ARD ,O. See "oil i AREA TO DE DREV"p �S 4% rrF�q„ OLEIN - VIC:INiTY *CALK w FROM: DISTRI CTIU& MAP,NEwroRr lit © �DU�LIG� • ,r NOTES= 1. 1420 C.Y. OF SANOCPREVIOUS FILL) TO 6E REMOVED 6V�I TO CAR&M AND DISPOSED APPROVED OCEAN DISPOSAL Z REINFORCED CONCRETE PILE: ROD, a ANCHOR 01 -CCK TJEW 5TANDARD PLAN Na lorp2. -TOP' Cr- NEW BULKHEAD _ %AME AS HEIGHT OF EXISTING •DULKHEAD(•10�.• -AREA TO 6E DREDGED — L •m -Ei15TIWG LOQ YVOOD DIILKHEAD TO DE REMOVED CONCRET! ;w"T DEACH 7- E L_ .ENTIRE. - . . BULKH"P LRJa t r=LOCATION OF EJU%TING MFIHW y5' t • XIISTING CCW- 1NwLL N20 E 1191*11. 144JWr PLANiw vow w 2d' • (?362 PROPOSE[ PURPOSE : DOCKING FACIUTIE& AffaC)4 0fetli 15IN LIDO CHANNEL. MUM --MAN LCM WU VIQR (AU.114WI W914AL OCEAN St1RMQY -•-- _ 3101 WEST PACIFIC COP ADJACENT PROPERTY OWN&R51 NEWPORT >DEACH J.R.O 1INVESTMENT CO- X -:'. A 9r•s y'. ;-� y--vve�-"cam .air •^+.'!^a�.r +�x�f•t�S. r ;rr+r -<n�•r c r _-I[ C .QBA�II�it�ii ..�•Q •..CAII. F s_2 ` CITY OF NEWPORT .BEACH February 20, 1980 J. J. Jakosky Trust c/o John Jakosky 89x W. 18th CristaMesa, LA 92b27 Re: Harrison Sea Ray Boats, Harbor Permit Application #127-3011 Dear Mr. Jakosky: As per your request, I would like to clarify the City's position regarding the application listed above and its effect on the slips at the easterly side of the Towers Association property. When the Tower's Harbor Permit was granted in 1964, an access problem was anticipated and it was then agreed in writing that should a conflict arise, the Towers would modify access to their slips adjacent to the property at 3017 W. Coast Highway, which belonged to Mr. Jakosky (see attached letter). Prior to August 7, 1979, the parties -had attempted to reach some agreement on the access problem, but no mutually acceptable so- lution was available; therefore, Harrison Sea Ray Boats wished to pursue their application as planned and rely upon the Towers agreement to modify their access. On August 7,- 1979. the City rnunril approved the Harrison St4 Ray application, Harbor pe nmit 1.,127-3017, Alternative sl (see attached). As the permit drawing indicates, and page 2 paragraph 7 of the staff report points out, this approval will "force the Towers to no longer use the easterly side of their marina, or to redesign this portion of their marina to make it useable". I hope this makes the City's position clear regarding the access problem. In addition to this. I would like to re-emphasize to the applicant that the ramps and floats at Harrison Sea Ray Boats are in a deteriorated condition and could pose a safety problem. The applicant should pursue all means within his power to expedite the rebuilding process to avoid an injury on the property. . Sincerely, Tony Melluuffi Tidelands Administrator T M: mw City Hall • 3300 Newport PG36►rne��4 Attach Vage 1 Attachments Boulevard, Newport Beach, California 92663 4:^�s rt��..rtrl.�yD .*.rs+.ea(`i�:'rn P 4es+`,'•1��'�.`� ?'to+h.; -.,n e -r. u+! •�na -+T".orew r.. _ _. _.. a� tt ,,;.-si;�.�.,, "wr r _ 1 .d.- m..QcstT%+.?s'^,sa7 ss!T��!'^TM ♦rte C -.r-1 rr r +-'r +.s .�e-.f. :rrt 77 y z r..... w.... i .... 1....... •� - .moi, �... CITY OF NEWPORT BEACH MARINE DEPARTMENT August 7, 1979 ITEM NO: G-7 ;O: MAYOR AND CITY COUNCIL Fiats. Marine Department Si.3jECT: HARBOR PERMIT APPLICATION N"ME R 127-3017 BY HARRISON SEA RAY BOATS TO REBUILD A BULKHrAD AND BGAT DOCKS AT 3107 WEST COAST HIGHWAY :f desired: (a) Confirm the 1964 City Council action regarding access to the Towers marina based on the two letters submitted by David Young, ano (b) Approve the Harbor Permit a�plication submitted by Harrison Sea Ray Boats, or 2. (a) Continue the application, and request the applicant and the Towers to attempt to reach a compromise, and (b) Request the parties to submit alternate designs for both the Towers marina and the applicant's marinas for City Council considerations should a compromise be unattainable. Backnround .ne original Harbor Pe nmit for 3017 West Coast Highway was issued in 1935 w n subsecuent revisions in 1953. :n 1956 the wood bulkhead was installed. In 1964 a Mr. David Young applied for a Harbor Permit to construct boat docks .t ::': rtes: Coast Highway. this property is known as "The Towers". At z. -.at time, Mr. Young represented himself-' " having control of both the sowers property and the property at 3017 West Coast Highway (the applicant's property). Mr. Young submitted twb letters indicating his -involvement with the properties and agreeing to revise the Towers boat dock.should this , co.ae necessary (Exhibit A). - Subsequently, a Harbor Permit was issued for the lowers boat docks (Exhibit 6). �;n r.ay 20; 1976, the City Attorney sent a letter to the Towers Association c:sc6ss4ng the access to their facilities. This letter was sent in *nticip;tion of a Harbor Permit application being submitted for the revision of the boat docks bayward of 3017 west Coast Highway (Exhibit C). In October 1977, the Marine Department received an application from Mr. Joe Fiamelli to construct a bulkhead'and,new docks at the subject location. Because of the conflict with access to the Towers existing boat docks, only the S.:lkhead portion of the application was presented to the City Council for *4-z CRTs ITTl'!"gt^^pf!'.-:+gt�s:aWw R'�i,'.:J•�!:P""+y!�?'T;M"4`�..vw1a. d�.{'C.per-r�;•r �•sw NF-ti.^R."„ -.. t%y.or and City Council _2_ August 13, 1979 .e to reach a eaprova;. This was done to allow the parties involved tir co -n -promise, if possible, vedothethe bulkhead portion of LheNappl�catioer n.19Mow- the City Council f Eng application was subsequently.withdrawn by ever, the Corps of Engineers' Lne aNplicant, and no work was initiatea on the site. ;.: September of 1978. r.nNamelliHarbor onPermit alfao`lication himself,was Occidentalsubmitted Lane,the Inc. :-.urine 3epartnent by M y roerty owner. The background as .„aster lesee, and Mr. Sohn Jakosk applicant's representative, along o` this situation was related to the app a request that the applicants ssweet to hetTov.ers7boatsdocksattlnpJuty, ., .-22,:regarding 9 9 , was noTathat htreaching iaer the i.e :,p, and that the appcantwisnes to procedewththeharbor ^;.:ccessful .i;ication as submitted. The &ppiicart contends that the committmen* 1964 by David Young requires the ; owers to modify their docks and to shc..ld be allowed to procede with his project. ,.on -:,e �r�iication is oeing brought to the City Council for review and action in co...;•:farce with Sectior, 5C3 cf the Harbor Permit Policies which read u� f,..laws: "Prior approval of the City Co;.ncil will also be required before issuing a pen•oi t for snore -connected structures when: 3. The abutting upland property is zoned commercial." ' ;, ana.;ly, as is ind�eateaanntne &ccessaprcblemdforportion 7owersthis marenart, -.„s application will cmit i;,:;rdiately to the west °re nasfrom�the�water.The HaSection 20B oflrbor Pe theePolicies not aadress access to ma reocs &S follows: "Ali piers and $ ioats for corrierc ial properties may extend to the ,;rojection of the property line. 're 60jicant has designed his project in conformance onformi ced ithcSectio 23. ithe ..,ajor:ty of the marinas in Newport Ha thereby tnis section. Access to the marinas is situated accordingly, prec:..ding any conflict with access to adjacent marinas. in researching the background of the Towers, Harbor Permit. staff was un- aL.1e to determine the rationale for the existing configu.rttion ofsthe Towers c.;,rir�;►. Based on the letters submitted by David Young, City Cosncii was satisfied that the access -to the Towers would be 4'esolved when ;,he need &rose. If ZI.0 City Cot.ncil approves Alternative 1 listed move under Action, the d. This willforce access to the Towers marina will be effectively e the is:Pers to no longer easterly kside it useable.�narina, or to re- design this portion oftheir marina tomae r� � �y-a:.-+-...�. .:�:.:_ ... - .. _i!�:x7c!'#S.+•.. _ ... ..._ .. -..''•!.�".'G^l's'�'"^r•.�Tbv+.*wrr T._w.-..� a..-!.F...^}?yc �7w`�FC',�+n•'P: _c_-••Scr•.r�vT+.�. r±+�s-..+:'.. - _ _ :Sayor and City Council • 3 August 13, 1979 A1ltern.:tive 2 would mean that the applicant and the Towers would try for ciie third time do reach agreement on a compromise to the access problem. ;i:is compromise could entail modification to the Towers marina, or to the app;ic.nts proposed marina. or to both. Par; "b" of this alternative wo,,ld provide for submittal of design proposals by both parties for Councei consideration. D- KA4S:iBARGER, DIRECTOR :4AR;NE DEPARTMENT r4 �. eielden Tiaeiands Administrator GEW:mw .tua chore n is v *4.4 s� y-��r,�•..n+r :.. , ,.�0",?:?!'►�, c•, �^^,'+IT�"•.�, : �"'^'drn-v�' ., T:.s4-..r.n-�X �-r,-rrrY<rf'Z— R.�• + -. , - a. _ _ _ ti7. •i'= �X,,:::.'z;_.y:...,-.:i'..d.....,...'..i�\,+pSi �1_7.w.a..wa.a-,.:.r;,.r.+to-..+..:-..,.-,.ir'w,.f., ..no..,.�..:,.•... �..;_.-.r... ..r a. ,•. - ...a-�s .r .,.ri?.• "�Mr..=r:+c•. ... s,rx _ . - M+aowro�wTro SOS •DAT CANYDN CORIVC &ADYMA •CAC". CALIrDRN1A — vaiil -6t4•7i2ti MAY 6, 1964 J0:NT HARBOR COMMITTEE 01 TY OF NEWPORT BEACH CITY BALL NEWPORT C3EACH,' CALIF. ATTENTION: MR. V: CTOR J. S I MPSON RE: BOAT SUPS TOWERS APART:I,ENTS GENTLEMEN: THIS LETTER WILL SERVE AS NOTIFICATION TO YOU THAT HAVE COMPLETE CONTROL OF THE PROPERTY ADJACENT TO THE NEW TOWERS APARTMENTS ON THE EAST SIDE OVER WHICH I W#LL ALLOW ACCESS FOR USE OF THE SLIPS AS DESIGNED BY RAUB & ASSOCIATES FOR THE ABOVE APART- f1ENTS. AS I AM ALSO VICE PRESIDENT AND HALF OWNER OF THE STOCK IN LIDO DEVELOPMENT CORPORATION, I WILL SEE THAT THIS SLI? DESIGN IS ALTERED SHOULD I EVER SEE FIT TO REFUSE ACCESS OVER MY PROPERTY. YOURS VEPY T ULY, DAVID YOUNG DY: uw RECEIVED MAY 111964* POBUC W WAS DEPT. � ' F -fid Yw � .�y,�' - t ,. _ .�a�.6h. _".�w .� r^^'�.'ai_ Y'M7/c l� Rnv +nw� .wrc��..r•�..-�+.._n'.• � � -. Y�'' r, ="'�3`9 1-Y k.Z h�5- !w'v E:P'•'l ;:w5 NMk r1f�M.I,�.� � :. x'Yy` S��'4�i ,.. ari;�1V ,y f:a� i -F � i- rF �r4�+v�: r�.y i.3 l T-•. F. L a.LeS. nL^.. i. Y6iV.Y 3�.is_ kL[:z':uti\1:Xsd•S!r��l��Ya.�l3:w::il�.S:i'_�l�c.�M�f>.•L.2. -....Y. _._..il.v_ ._i ! � �.���'h.�;o ..wli�t. g'?].ce .C:^a."�n.` .,. .,ry t�.- 1. alJ...�5 ..�. �... .. ... .. VIRTP� E C& SCHECK LAWYERS C DAVID BAKER BURLEIGHJ BREWER ROBERT CALLAHAN CALDwELL R CAMPBELL ROBERT D FEIGHNER MICHAELJ GENOVESE PAULB GEORGE MICHAELC GERING THMMASM GIESER VIRGINIA CUTE SUSAN W HALDEMAN JOHN KENDRICK INCORPORATED SCOT1 E MCCONNELL ROGERL NEU JOSE PH C OBEGI TIM PRONE EDGARE SCHECK BERNARPE SCHNEIDE R GERALD M SHAW PAUL J SHETTLER SUE J STOTT BRUCE C STUART JOHN VIRTUE PAUL WALDAU February 8, 1980 California Coastal Commission South Coast Regional Commission 666 E. Ocean Boulevard Suite 3107 Long Beach, California 90801 Re: Application No. P-79-6362/Harrison Marina Inc. Members of . the Commission: This letter is written on behalf of the . Towers Homeowners Association (the "Association") for the purpose of requesting that the application of Harrison Marina Inc. (the "Applicant") be removed from the consent calendar of the Commission and be approved only subject to certain modifications in the proposed design. The Applicant seeks the demolition of an existing marina facility and the construction of a new marina (the "Project") . The Towers is a condominium development occupying the property immediately to the west of the site of the Project. On April 13, 1964, the Newport Beach City Council granted a harbor permit to .the owners of the Towers for the construction of boat slips on the east side of the property line. Those slips were subsequently constructed and for the past sixteen years have been used by residents of the Towers. Access to the slips had been granted to the Towers by the predecessor in interest to the Applicant. That access was provided along the west property line of the property upon which the proposed project is located (the "Project Site") . The design of the marina which is proposed by the Applicant will eliminate all access to the boat slips on the east side of the Towers' property. If the Project is approved as proposed, moorings for seven boats will be eliminated. It is the position of the Association that reasonable alternatives to the design proposed by the Applicant are possible. Such alternatives would P.O. BOX 2950 / 17 CORPORATE PLAZA DRIVE, NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (714) 644-9030 AA -roo '.�•.r. ^•-�^l�'.c � .'J'. �'� +^ N YY/u!..•. � \ \•�.,..'�'N•!'Y•f MMIw� . r.,►.".. � �. . .. .. � rr- . � ... � . �.. .. ...... .. .. .... - '.1"T'!Y�al'�+n�. .,_. _ _...�.'.'.I`�1�•1Rlul�l/.71D�tyo!Wl�f^lP►1T..�+1:Afra.wT+�vt'.Y1T•.^t.T•.•!'�'!]L'�'+" .. .. N"Ms!t`YS'!V!'t..'.�Wv :t'�..r •TM -..,....:e{ moi: hw.�F•e'u .. e. _.. .. VIRTIL. C& SCHECK LAWYERS INCORPORA'. I California Coastal Commission February 8, 1980 Page 2 not have the effect of eliminating existing coastal recreational facilities. The Association requests that the Commission approve the application only upon the condition that the marina design be modified to permit continuing access to existing facilities. The Association is accompanying this letter with two alternatives proposals, each of which would accommodate twenty- five slips on the Project Site without eliminating either (i) access to the Towers' slips or (ii) access to the property to the east of the Project Site. While this matter involves competing property rights, the Coastal Act expressly makes the protection of the "rights of private property owners" a matter of concern to this Commission. Public Resources Code Section 30210. PRC 30210 requires this Commission to protect the rights of private property owners from overuse in issuing any, permit under the California Coastal Act. If the Project is approved in its present form, existing recreational facilities will be eliminated. The elimination of these facilities is not necessary to provide the Applicant with the type of facility that it seeks. Efforts have been made by the Association to resolve this issue with the Applicant. - These efforts have been fruitless. Therefore, the Association is forced to request the Commission to approve the application only in a form which will preserve access to the Association's facilities. which have been in existence and in constant use since 1964. Thank you for your consideration of this matter. Very truly yours, VIRTUE & SCHECK, INCORPORATED By E� TIM PAONE cc: Karl Bergheer /kg }"suer;".-'13�eF::7-�r�t'^w'•'rT^!--:7tt?^�Tnci"�,. � .i^`t!;+'�-�1S.rw...7RT �',Sr.. w�,�.�.!.e«..-�e+.' �f�:_.-�t�+g:.�- .er..:.A _ - 4 r+1k�v'.t-Ygan �'"� f^i„t ``-- Y.!"4�'y^�r4[^dYr'.�3".^s� ,fes-5.•,xr yip'�L•`{t rma �-t# _�^m ��- �. �� F.- �� a �, v - s rt -.� .:�' r,�.,. VIRTUE C&I SCHEC LAWYERS C DAVID BAKER BUR! EIGH J BREWER ROBERT CALLAHAN CALDWELLR CAMPBELL ROBERT D FEIGHNER MICHAELJ GENOVESE PAULS GEORGE MICHAEL C GERING THOMAS M GIESER VIRGINIA GUTE SUSAN W HALDEMAN JOHN J KENDRICK INCORPORATED SCOTT E McCONNLLL RDGERL NEU JOSEPH OBE G1 TIM PAONE EDGAR SCHECK BERNARDE SCHNEIDER GERALD M SHAY PAUL SHETTLER SUE J STOTT BRUCE STUART JOHN VIRTUE PAUL F MIALDAU February 8, 1980 yR�� v� fEs II t9g D. H. Pickens HAND DELIVERED California Coastal Commission South Coast Regional. Commission 666 East Ocean Boulevard Suite 3107 Long Beach, California 90801 Re: Application No. P-79-6362/Harrison Marina Inc. Dear Mr. Pickens: Thank you for taking the time to discuss this matter with me on the telephone today. As we discussed, this letter is accompanied by fifteen copies of a letter to the members of the Commission setting forth the position of the Towers Homeowners Association (the "Association") with respect to the application of Harrison Marina Inc. for the construction of a new marina facility (the "Project"). Also accompanying this letter are two alternative design proposals which might be helpful in showing that the Project need not deprive the Association of access to its existing boat slips. I will bring with me to the meeting on Monday morning fifteen sets of reductions of these drawings. I will provide you with the reductions at that time and, if you feel it is appropriate, those reductions may be distributed to the Commissioners for their reference. Thank you for your courtesy and cooperation in this matter. Very truly yours, VIRTUE & SCHECK, INCORPORATED i •� /kg P.O. BOX 2950 / 17 CORPORATE PLAZA DRIVE, NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (714) 644-9030 CA, lr., t,,. ;+.• v�pt'!'!?+F�.4!Cirr�!'7i f?r �orS'a! "�t`n:r?cS`r'c r'• r.v.�>� s�.Z r..r �r --`y' _ �!- - r • r o ,4 _ 1 , � 1 1 1 j I , h LU , �O .. a W a D N". Q =``^'i '�',�Yd"" J a t•: , �ris^T. +c vum.nS r+r K.'rM.. •'�F'�c�';: i�,c..�r�. -< . r'.�-[f_,ae'..grr•-^-.- �J- t , O 1! 1 1 • , 1 ! r I X`�`,K9rR'^�'I'�;e• i-,,,,—e'h � r.-*'Aavc�-"T7�'-r.,�.T—cmnr.�.-rP•N \c�n++T.rr-"nMFt+t -sn.n�,E.,ya. 'en � it < K.�-�,� �S al, t.t c 1¢'� � K --K 4.i..v 7t•� x }+,. -rte N +-k •+. �.h -.-.xt - .: „�! w-' .> v..., u cn N w a; �p O cc F- a 44 - co May 24, 1976 *2r. Karl O. Sergheer Secretary Towers Owners Association Board of Directors 3121 West Coast Highway Suite S -B Newport Beach, California 92663 Dear Mr. Berqheer: As you are aware, the tenants of. Mr. John Jakosky, who owns the property immeliately east of and adjacent to the Towers F.partments, propose to redesign the docks and slips bayward of this property. You should be advised that the City's local zoning ordinances and harbor permit policies allow for the projection of such piers and floats to extend from property line to property line out to the bulkhead. Should the redesign result in a plan which provides for the construc- tion of piers baser on these ordinances and policies, i.e., from property line to property line, it is my understanding that this world interfere with access to some of the Towers Apartment slips. Our research of the records indicates that this possibility was anticipated when the Towers pier permit was granted. It was understood at that time and the staff report so reflects, that a letter woul-i be file 1 with the Joint Harbor committee agreeing to modify access to the powers slips should Mr. Jakosky change his dock design sometime in the future, result- ing in a reduction in the access to the Towers piers. Such a letter, dated May 6, 1974, from a Mr. David Young is on file with the Joint Harbor Co�nittee. 44 -ll a+Jr.�.rww..�r+.•..•!f�.le..w...'ri.'u!7�!!PR,�`a�.;/!Jr+r�.•7�7w+!'+r.Tn►:�•...•wr: ��....K, �, _.�,-_.as.-e;-.-. -•� � -r�.. _.._ ... .. _�.. _.. ..-� _ i:n 1 O. Berghaar ra g o Taro May 20, 1976 You should further be advised that the fact that the occupants of the Towers Apartments have been permitted to traverse the waterways in front of the Jakosky property in the past gives them no preferential right of user in the future. For the most part, this area constitutes public navigable waters and private individuals, by well established principals of law, cannot acquire any type of "prescriptive" rights as against the public. Shoull you or your legal counsel wish to discuss this matter further with my office, please give me a call at anytime at your convenience. DDO/bc- cc: Mr. John Jakosky Mr. David Harshbarger very truly yours. DEI4NIS D. O'NEIL City Attorney -� �- .. _� �. .r � n..�.i..a��.r,r..�+.w- .rypr� �.�.. *: w, r!w-w�..a �.t.,.n f-.�.r�w. ..vim ., �.e. ..• +.t� �.. ._._....... .; - �. 5 ar _Y. h.,�- .. _4'•:.;: :Y�A'ti:'^.-_•-: �= �^,re.�;-�t k -s- .r'f. +c fih:bi'"r�""'""` v�'"^�+r`,�^�rY�\•.y �S-oem••�i�+e•rzg-,,`^-x r �.•.r .r..+�� 4 P7rgt.E�-�r.er�•e.•;^n^4r -rr•n. -g. r• r':' :[;: 0 ac CD w n �� c 1I 9 U3 .1 o ,•, a v a ca 04 U •� a a F a " w • Y' O O Y� z YyA Y14 Ul 41 4A a 66 04 Q ��i .Rii w s • w u� Q u cic ®Wi w ~ Y R q Y W O Y O Y u u Fd M Q z V M M i Q O M M V V q R. 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''- L ACAM Vurl O M m0.Y r1Mo.r ■Y Y m >Y mY Am•.+ �� M Y L OYeG"Id Y Y YYYM m ° _ A .Ou0W0q3� O u+uiwO UD1 �4W M + �UaSuaI°mY�YOO"�rt1 D Ar yif \ I M W b wrmMYM4MMmmCy 0 N M• Yla •O0b IW44 L m CBso.0I0O C Y 10 Y cc7Q54"•Y ■ w ,1Ya•"yr.� t•i OY .'3 Yw �YI rp•oa• r�m�o - ��Ai N,{ ,aAYOY,j .AL ?LR M.R ° u10 M.0 o a+rl 0 0 w: . . _..r> .. ......_ -r .. o- a.... n......sa<:.d.},.��... �ix.�icE '.a.._ ::i.::•6u..Y�w.,:a.�.,..-� . y : a�..:. _,.. r..�... � s..._....... . _. . _ �, . �.,. �...... .�_ -. .._ . _ ... ._ _ .. � - CALIFORNIA COASTAL COMMISSION .SOUTH COAST REGIONAL COMMISSION 666 E. OCEAN 110ULEVARD, SUITE 3107 fzzs F 0. SOX 1450 LONG ACN, CALIFORNIA 001101 P 11E (213) SMS071 p114) 1146.0648 February 20, 1980 CITY OF NEWPORT BEACH J. J. Jakosky Trust c/o John Jakosky Ufa''-Y7k/ 898 W. 18th Costa Mesa, CA 92627 b Re: Harrison Sea Ray Boats, Harbor Permit Application #13017 Dear Mr. Jakosky: As per your request, I would like to clarify the City's position regarding the application listed above and its effect on the slips at the easterly side of the Towers Association property. When the Tower's Harbor Permit was granted in 1964, an access problem was anticipated and it was then agreed in writing that should a conflict arise, the Towers would modify access to their slips adjacent to the property at 3017 W. Coast Highway, which belonged to Mr. Jakosky (see attached letter). Prior to August 7, 1979, the parties had attempted to reach some agreement on the access problem, but no mutually acceptable so- lution was available; therefore, Harrison Sea Ray Boats wished to pursue their application as planned and rely upon the Towers agreement to modify their access. On August 7, 1979, the City Council approved the Harrison Sea Ray application, Harbor permit #127-3017, Alternative #1 (see attached). As the permit drawing indicates, and page 2 paragraph 7 of the staff report points out, this approval will "force the Towers to no longer use the easterly side of their marina, or to redesign this portion of their marina to make it useable". I hope this makes the City's position clear regarding the access problem. In addition to this, I would like to re-emphasize to the applicant that the ramps and floats at Harrison Sea Ray Boats are in a deteriorated condition and could pose a safety problem. The applicant should pursue all means within his power to expedite the rebuilding process to avoid an injury on the property. Sincerely, / Tony Melu Tidelands Administrator TM:mw Attachments City HaH • 3300 Newport Boulevard, Newport Beach, California 92663 CITY OF NEWPORT BEACH February 20, 1980 Tower Community Association 3121 W. Coast Highway Newport Beach, CA 92663 Dear Sirs: On August 7, 1979, the Newport Beach City Council approved the application number 127-3017 by Harrison Sea Ray Boats to rebuild their boat docks at 3107 West Coast Highway. When this facility is rebuilt (see attached drawing) it will limit the. access to the slips on the easterly side of your permit zone. In order to maximize the use of the available water area in front of your property, a revision of the harbor permit would be necessary, and the revision.must comply with the Newport Beach Harbor Permit Policies. If you have questions in.this regard, please contact me at 640-2156. Sincerely, A Ap� Tony Melum Tidelands Administrator TM: mw Attachment City Mall • 3300 Newport Boulevard, Newport Beach, California 92663 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES, CALIFORNIA 90053 SPLCO-N Public Notice No. 79 -4 -RA 16 JAN 1980 Date Comments Due: 18 FEB 1980 YOU ARE INVITED TO COMMENT ON THIS APPLICATION FOR A PERMIT APPLICANT: Harrison's Marine, Inc. 2327 South Main Street Santa Ana, California APPLICANT'S AGENT: Mr. A. Kenneth Sampson Sandy Sandling and Associates, Inc. (714) 540-2391 ACTIVITY: Under Section 10 of the River and Harbor Act of 1899, the applicant proposes to remove an existing wooden bulkhead, eight (8) boat slips, and seventeen (17) guide piles; install a new concrete bulkhead, twenty-three (23) boat slips, twenty-five (25) concrete guide piles, and two (2) ramps; dredge about 1,420 cubic yards of material, using a dragline. The dredged material will be disposed of at an upland site (surrounded by a confinement dike) with no return flow back to the bay. All work will be done in Lido Channel, Newport Bay, Pacific Ocean, at 3101 West Coast Highway, City of Newport Beach, Orange County, California, as shown on the attached drawing. PURPOSE AND USE: To provide boat docking facilities for power boats and sail boats. FEDERAL, STATE AND LOCAL AUTHORIZATION: Approvals have been received from the City of Newport Beach and the Water Quality Control Board - Santa Ana Region. Approval will also be required from the California Coastal Commission, prior to issuing the permit. ENVIRONMENTAL IMPACT: A Preliminary Environmental Assessment of the proposed action has determined that some adverse impacts would occur. Dredging approximately 1,420 cubic yards of material would eliminate valuable intertidal mudflats and subtidal habitat. Removal of existing facilities (bulkhead, wooden docks, and 17 piles) would "eliminate the mature float communities. Construction activities would temporarily decrease water quality. Increased turbidity, resedimentation of pollutants, and reduce dissolved oxygen in the water column would result in mortality of non -motile and filter -feeding organisms. Motile organisms would be forced to temporarily leave the area of disturbance. A temporary increase in the ambient noise level and impairment of local air quality and aesthetics would occur for the duration of construction activities. Phased removal of the existing docks would temporarily displace boats. The proposed project would SPLCO-N Harrison's Marine, Inc. Public Notice No. 79 -4 -RA 16 JAN 1980 generate a substantial amount of debris which the applicant must dispose of. Dredged material would be dewatered on an upland area adjacent to the proposed project. Failure to properly contain the material would result in loss of habitat and turbid conditions. No effluent would be permitted to be discharged into the.Bay. The dewatered material would be removed to another land disposal site away from the project area. The new piles and docks would provide substrate for new communities of attached organisms which should begin to colonize the structures soon after project completion. Replacement of the deteriorated docks and bulkhead would benefit public safety and local aesthetics. The loss of valuable wetland habitat due to project construction would require the following mitigations (as determined from preliminary coordination with U.S. Fish and Wildlife Service, National Marine Fisheries Service and California Department of Fish and Game): a. No boat docks will be constructed within the mitigation area designated on figure 1. (Sheet 1 of 1o,) b. No dredging will occur in the mitigation area designated on figure 1. c.. The disposal area will be adequately constructed to completely contain the material. d. Runoff from the parking area will be directed away from the mitigation area shown on figure 1. Preliminary review of the proposed project indicates that this work will not significantly affect the quality of the human environment. Therefore, preparation of an Environmental Impact Statement is not anticipated at this time. Should significant additional information be. developed concerning the proposed action or should the application be significantly modified, the effect of the action will be reevaluated and a supplemental assessment will be prepared. The supplemental assessment may conclude that an EIS is required. IMPACT ON HISTORIC PLACES AND NATURAL LANDMARKS: The proposed activity is not near any of the sites listed in the National Register of Historic Places or the National Registry of Natural Landmarks. Anyone having knowledge of archaeological, scientific, prehistoric or historic material in the immediate area should contact this office during the comment period. The permit (if issued will include a condition that if potentially significant findings are made during construction, work shall be suspended immediately. The findings shall be reviewed and appropriate action will be taken. 2 SPLCO-N Public Notice No. 79 -4 -RA Harrison's Marine, Inc. 16 .IAN 1980 CRITERIA: Your written.comments or objections should include the number and date of this notice and must reach this office within thirty (30) calendar days. The decision whether to issue a permit will be based on an evaluation of the probable impact of the activity on the public interest. That decision will reflect the national concern for both. protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the activity must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the activity will be considered; among those are conserva- tion, economics, aesthetics, general environmental concerns, historic values, fish and wildlife values, flood damage prevention, land use classification, navigation, recreation, water supply, water quality, and, in general, the needs .and welfare of the people No permit will be granted unless its issuance is found to be in the public interest. 4G N TEAGUE Colo el, CE District Engineer 3 I TYPICAL SECTION VICIN17Y MAP �. wia .uT FROM: OISTRICTIU& MAP.NEWPORT D[ACHICA. E%ISTTN6 CONCRETE N'µ•1• ©.. N t'iOB 6•t [ 2JIOR� • -_•� _ _ - M.r6 B 1 / I I � 1 AD O i I NOTES' 1 1420 C.Y OF SAND (PREVIOUSLY. HYDRAULIC opERTYY uNL - -FILL) TO DE REMOVED OY HYDRAULIC DREDGE pg M PR EAo LNC '>C=I aT d7TTT'f `b&"TARY Ol'�1'O / NUL KH . l .E A"elt O"ITE LJ= FILTfATf?N. I j 2. REINFORCED CONCRETE PILE tBULK HL4Dj�.TIE ROD {{ ANCMDR C`caK NEWPORT OL1lGN ' [ R0%tARD QR 0 Oc1NOt 5062. _ 1 e a2!' TOP, bF NEW SLIuI KNEAD - 3 SAME AS HEIGNT O OF [%ISTNG 9 DULKMEAD(•�O% 3 f / AREA TO DE DRED6E0 F New Cg= HFUNCR �Sb ACH w/ l P� 4D1: wmMm i RNTIM WVTN OF PPOfcTY r /o Lpt Trr LL _ /REXISTING W WOOD OULICHEAD = ' f TD DE R[MOVID In _Yt9H -DILE ._ I. . . STING CU RD FAO[ AUIDOFILTLA. _ s ��Y NA.'GLlAL ♦ ro��DOFwM�E P [715TING .3 GOD.. C71 W. CAR "OT1+On+O FILTTMATION S10[WALK BULKHEAD LINE I I / r= I0 AT ON OF EXKTING MHHW •4D - - - J � I J EX*TING cwc. WALL N2 1'DI L 24JI.T��" •MITIGATION AREA PLAN O ,d ,. zd : Figure 1 i PROPOSED 5L1 P5 ? PURP05E : DOCKING FACILITIES IN LIDO CHANNEL t -UM-I : MEAN LO CR LOU WATM CAU.WmOC) NA110NJ11- OCEAN auve- 3101 WEST PACIFIC COAST 44I6f,WAY ADJACENT PROPERTY OWNERS: NEWPORT REACH f IO J.R. JNVESTMENT CO. _ ORANGE COUNT`(, CALIFORNIA © MS. HARRY GARTLGt APppLIpCAi2ION OV MR: JOE MAMGLLI r :{A2f195Y SFIEET 1 -%/.4/76OF 1 RTS RJsvnao opT t� veWAC —..ARO. mit rot! L. ZN�4MI9y 1f0! •�i [nT &CAOV L -W OR L-�- �— HEM SM L EY! L -[.1! L_.L14' �IT.E Lbn� 1100—:--,— ROD ! AW -MOR OLMK STANDARD -it NOT AS' AO' AREA To D! OREDJilD 6RA0[ LM[ TYPICAL SECTION VICIN17Y MAP �. wia .uT FROM: OISTRICTIU& MAP.NEWPORT D[ACHICA. E%ISTTN6 CONCRETE N'µ•1• ©.. N t'iOB 6•t [ 2JIOR� • -_•� _ _ - M.r6 B 1 / I I � 1 AD O i I NOTES' 1 1420 C.Y OF SAND (PREVIOUSLY. HYDRAULIC opERTYY uNL - -FILL) TO DE REMOVED OY HYDRAULIC DREDGE pg M PR EAo LNC '>C=I aT d7TTT'f `b&"TARY Ol'�1'O / NUL KH . l .E A"elt O"ITE LJ= FILTfATf?N. I j 2. REINFORCED CONCRETE PILE tBULK HL4Dj�.TIE ROD {{ ANCMDR C`caK NEWPORT OL1lGN ' [ R0%tARD QR 0 Oc1NOt 5062. _ 1 e a2!' TOP, bF NEW SLIuI KNEAD - 3 SAME AS HEIGNT O OF [%ISTNG 9 DULKMEAD(•�O% 3 f / AREA TO DE DRED6E0 F New Cg= HFUNCR �Sb ACH w/ l P� 4D1: wmMm i RNTIM WVTN OF PPOfcTY r /o Lpt Trr LL _ /REXISTING W WOOD OULICHEAD = ' f TD DE R[MOVID In _Yt9H -DILE ._ I. . . STING CU RD FAO[ AUIDOFILTLA. _ s ��Y NA.'GLlAL ♦ ro��DOFwM�E P [715TING .3 GOD.. C71 W. CAR "OT1+On+O FILTTMATION S10[WALK BULKHEAD LINE I I / r= I0 AT ON OF EXKTING MHHW •4D - - - J � I J EX*TING cwc. WALL N2 1'DI L 24JI.T��" •MITIGATION AREA PLAN O ,d ,. zd : Figure 1 i PROPOSED 5L1 P5 ? PURP05E : DOCKING FACILITIES IN LIDO CHANNEL t -UM-I : MEAN LO CR LOU WATM CAU.WmOC) NA110NJ11- OCEAN auve- 3101 WEST PACIFIC COAST 44I6f,WAY ADJACENT PROPERTY OWNERS: NEWPORT REACH f IO J.R. JNVESTMENT CO. _ ORANGE COUNT`(, CALIFORNIA © MS. HARRY GARTLGt APppLIpCAi2ION OV MR: JOE MAMGLLI r :{A2f195Y SFIEET 1 -%/.4/76OF 1 RTS RJsvnao opT t� January 24, 1980 File Ref.: PIN CE LA 79 -4 -RA Mr. 9 -4 - Mr. A. Kenneth Sampson Sandy Sandling and Associates, Inc. 3931 MacArthur Boulevard Suite 115 Newport Beach, California 92660 Dear Mr. Sampson The State Lands Commission's staff has received Department of the Army, Los Angelos District... Corps of Ragineers Public Notice No. 79 -4 -RA, dieted January 16, 1"0, relative to your client's application for a permit to perform dredging ami provide boat docking facilities in Lido Channel i Newport Bay, at 3101 Wiest C6ast Highways City of Newport Beach, Orange County.. This. i s to advise that,a portion of the Lands over Which your facilities will extend are sovereign lands of the State of California that have bean granted in trust by the Legislature to the. City of Newport Reach. 'herefore you need not apply to the State Lands Commission for project authorization. You should, hWev'er, Contact t.he. Citi of Newport Beach for anthorizAtion of your project. This action dues not constitute nor shall it be construed as a. Waiwe,r of any right, title ear i.ntorost by the State of California in any lands under its jurisdiction. Very truly yours, JUDY LEWANDOWSKI Public Notice Coordinator 0163 322-1219 cc Resources Agency Attn: James W. ,.turns pra�ects d��ator -2 - cep Harrison's Marine, Inc. 2323 South Main Street Santa Ana# California 92707 Mr. Robert L. Wynn City Hanagear City Hall 330 Newport Beach Newport Beach, California 92660 zink September 11, 1979 CITY OF NEWPORT BEACH Mr. Edgar Scheck Virtue & Scheck 17 Corporate Plaza Drive Newport Beach, California 92660 Dear Ed: 640-2151 At the City Council meeting of September 10th, the City Council decided not to rehear the matter concerning Harbor Permit Ap- plication No. 127-3017. Several overriding reasons decided theme._ _- issue. The first is, that the two adjacent property owners have been attempting for several years to resolve their mutual problems in the bay without success. The City Council believed, therefore, that a third party must make a decision in this matter. The second reason is, that the City Council believes that your office was aware of the item on the agenda and your awareness constituted proper notice. As you know, the Municipal Code does not require any public notice on this matter, but it was noted that Ms. Carol Cavin contacted the Marine Department on 8/1/79 and 8/7/79, and that Mr. Welden spoke with you on 8/13/79 concerning the subject matter. The item was considered by the City Council on 8/13/79. If you have any questions, please contact me. S,ir� erely, `- f. ROBERT L. WYNN City Manager �_ W S City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 VIRTUE C& SCHECK I LAWYERS INCORPORATED JODEANE`R. BARLOW SCOTT E. McCONNELL BURLEIGH.J. BREWER ROGER L. NEU ROBERT E. CALLAHAN JOSEPH C. OBEGI I CALDWELUL R. CAMPBELL ROBERT T. PACE . ROBERT D. FEIGHNER TIM PAONE MICHAEL J.GENOVESE EDGAR E.SCHECK PAUL B. GEORGE BERNARD E. SCHNEIDER MICHAEL C. GERING GERALD M. SHAW THOMAS M. GIESER PAUL J. SHETTLER L VIRGINIAGUT'E BRUCEC.STUART SUSAN W. HALDEMAN JOHN VIRTUE i JOHN J. KENDRICK PAUL F. WALDAU Ij August 27, 1979 HAND DELIVERED . Honorable Mayor and City Council City of Newport, Beach City Hall , 3300 Newport Boulevard Newport Beach, CA 92663 Re: HARBOR PERMIT APPLICATION NO. 127-3017 j BY HARRISON SEARAY BOATS TO REBUILD A ! BULK HEAD AND BOAT DOCKS AT 3107 -WEST ` + COAST HIGHWAY Mr. Mayor and Members of the City Council: At the City Council meeting of Monday, August 13, 1979, .the above application by Harrison Searay Boats was unanimously approved -by the City Council. It was the intention of the Homeowners Association . of the Towers Condominiums (the homeowners) on the property adjacent to the Harrison property to object to the proposed configuration of the new ' docks . The homeowners had not received notice `of the hearing as the postcard notifying them was returned by the post office department because it did not comply with new postal regulations relative to minimum. sizes for postal items. The I homeowners did not in fact receive any notice prior to the hearing. 1 ' As early as August of 1976 I had communicated with Dennis O'Neil, then City Attorney, about the opposition to the new proposed . docks because of interference with access to the Towers' docks. My letter to Mr. O'Neil was placed in the ' file of the Marine Department . of -the . City . I was advised by Date r2letter of November 4, 1977 from the Marine Department that an application for a permit to improve the bulk heads was to be presented on November 14, 1977 3L'i1 TO: to the City Council but that the permit for the dock reconstruction would not j�I savor be presented to the City Council until such time as an, effort. was made b the anger bythe "" homeowners and the applicant to reach an amicable solution to the access ,, torney problem. In fact since November, 1977 several meetings were had between i Directo � > > Fr D' ectoNrec6 representatives of the homeowners and representatives of the applicant but I -I an amicable solution was not forthcoming. Councilmen I P.O. BOX 2950 / 17 CORPORATE PLAZA DRIVE, NEV/PORT BEACH, CALIFORNIA 92660 TELEPHONE (714).c^344-9030 1 Y h I LAWYERS INCORPORATED JODEANE`R. BARLOW SCOTT E. McCONNELL BURLEIGH.J. BREWER ROGER L. NEU ROBERT E. CALLAHAN JOSEPH C. OBEGI I CALDWELUL R. CAMPBELL ROBERT T. PACE . ROBERT D. FEIGHNER TIM PAONE MICHAEL J.GENOVESE EDGAR E.SCHECK PAUL B. GEORGE BERNARD E. SCHNEIDER MICHAEL C. GERING GERALD M. SHAW THOMAS M. GIESER PAUL J. SHETTLER L VIRGINIAGUT'E BRUCEC.STUART SUSAN W. HALDEMAN JOHN VIRTUE i JOHN J. KENDRICK PAUL F. WALDAU Ij August 27, 1979 HAND DELIVERED . Honorable Mayor and City Council City of Newport, Beach City Hall , 3300 Newport Boulevard Newport Beach, CA 92663 Re: HARBOR PERMIT APPLICATION NO. 127-3017 j BY HARRISON SEARAY BOATS TO REBUILD A ! BULK HEAD AND BOAT DOCKS AT 3107 -WEST ` + COAST HIGHWAY Mr. Mayor and Members of the City Council: At the City Council meeting of Monday, August 13, 1979, .the above application by Harrison Searay Boats was unanimously approved -by the City Council. It was the intention of the Homeowners Association . of the Towers Condominiums (the homeowners) on the property adjacent to the Harrison property to object to the proposed configuration of the new ' docks . The homeowners had not received notice `of the hearing as the postcard notifying them was returned by the post office department because it did not comply with new postal regulations relative to minimum. sizes for postal items. The I homeowners did not in fact receive any notice prior to the hearing. 1 ' As early as August of 1976 I had communicated with Dennis O'Neil, then City Attorney, about the opposition to the new proposed . docks because of interference with access to the Towers' docks. My letter to Mr. O'Neil was placed in the ' file of the Marine Department . of -the . City . I was advised by Date r2letter of November 4, 1977 from the Marine Department that an application for a permit to improve the bulk heads was to be presented on November 14, 1977 3L'i1 TO: to the City Council but that the permit for the dock reconstruction would not j�I savor be presented to the City Council until such time as an, effort. was made b the anger bythe "" homeowners and the applicant to reach an amicable solution to the access ,, torney problem. In fact since November, 1977 several meetings were had between i Directo � > > Fr D' ectoNrec6 representatives of the homeowners and representatives of the applicant but I -I an amicable solution was not forthcoming. Councilmen I P.O. BOX 2950 / 17 CORPORATE PLAZA DRIVE, NEV/PORT BEACH, CALIFORNIA 92660 TELEPHONE (714).c^344-9030 1 VIRTUE SI -C LAWYERS INCORPORATED Honorable Mayor and City Council Page 2 August 27, .1979 It is my belief that had Dennis O'Neil. still been City Attorney, and had he been at -the hearing on the application, he would- have recalled the homeowners' opposition and the hearing would have been continued to another date at which time the homeowners would have been given notice and afforded an opportunity to respond to the application. Because of the long standing dispute between the applicant and the homeowners relative to the placement of the new docks and. because the homeowners in fact did not receive notice of the hearing it is respectfully requested that the City Council grant. the homeowners an opportunity to be heard and to reconsider their approval of the application in light of evidence to be presented by the homeowners. Very truly yours, ' nn C. EDGAR E. SCHECK E! EES/dab i i' lad-3a/i�� CITY OF NEWPORT BEACH MARINE DEPARTMENT August 15, 1979 TO: CITY MANAGER FROM: Tidelands Administrator SUBJECT: HARBOR PERMIT APPLICATION BY HARRISON SEA RAY BOATS On Tuesday August 14, 1979, Mr. Ed Scheck of Virtue and Scheck, attorneys for the Towers Association,telephoned me regarding the August 13, 1979 City Council action on the subject Harbor Permit. Mr. Scheck complained that he was not notified prior to the August 13 Council meeting and consequently was unable to represent his client - The Towers - at the Council meeting. I strongly disagree with Mr. Scheck regarding notice to him. Following is a sequence of events regarding the Harbor Permit that involved a member of his firm, and Mr. Scheck himself. 8-1-79 Carol Cavin representing Virtue and Scheck came into my office to discuss the Towers and Harrison Sea Ray marinas. I informed her of the history of these two sites, and the access conflict that existed. I told Ms. Cavin that the applicant, Harrison Sea Ray Boats, had stated that they had been unsuccessful in attempting to reach a compromise with the Towers regarding the access and therefore, wished the application to be presented to City Council for action. I.told Ms. Cavin that the application would be_sent to the Council on August 13, 1979, and that I would be preparing a staff report. I informed her that she could pick up a copy of the report the following Monday or Tuesday. 8-6-79 I finalized a draft staff report which was reviewed by Dave, and ok'd for typing. 8-7-79 fps. Cavin came into the office and picked up a copy of the staff report. 8-9-79 I mailed notice cards to all parties concerned with the Harbor Permit. These subsequently were returned to the Marine Department on Monday by the Post Office because they were the wrong size. These notices are not required by the City Policies, and are mailed only as a courtesy when the subject under consideration is not an advertised public hearing. t 8-13-79 I telephoned Virtue and Scheck office to confirm with Ms. Cavin that the Harbor Permit would be heard that evening. I was in- formed that Ms. Cavin was no longer employed by Virtue and Scheck, and I then spoke with Mr. Scheck and informed him of the Council meeting that evening. He stated that he wasn't sure he could attend the meeting, but that he would talke to someone in his office. During the Study Session between 2:00 p.m. and 5:00 p.m., City Manager -2- August 15, 1979 I placed 3 telephone calls to Virtue and Scheck to ascertain who would attend the evening meeting; each time I was unable to complete the call because of a busy signal. 8-14-79 Mr. Scheck telephoned me and asked about the Council action on the Harbor Permit. He then stated that he felt he was not properly notified of the meeting since neither he nor his client received notice by mail. I stated to Mr. Scheck that I felt he had been properly notified in as much as a representative of his office had been told by myself of the meeting date, and had also picked up a copy of the staff report. It is my understanding that Mr. Scheck feels that the Harbor Permit should be considered again by the City Council because of his position regarding notice of the Council meeting. As I stated previously, I strongly disagree with Mr. Scheck and feel that more than adequate notice was given to him, consequently, I feel that reconsideration of the Harbor Permit based on the issue of proper notice by the City Council is unwarranted. YjX- GlenE. elden Tidelands Administrator GEW:mw t CITY OF NEWPORT BEACH MARINE DEPARTMENT August 29, 1979 TO: FILE NO. 128-3017 FROM: Tidelands Administrator SUBJECT: APPLICATION TO REBUILD A BULKHEAD AND BOAT DOCKS On Tuesday August 28, at approximately 2:30 P.M. a meeting was held on site at 3017 West Coast Highway to review the proposed project. The meeting was attended by Mr. Ken Sampson, representing the applicant, myself and Tony Melum of the Marine Department, Jim Slauson of the National Marine Fisheries Institute, Jack Fancher of the Bureau of Sport Fisheries and Wildlife, and Dick Nitsos of the State Fish and Game. Two items were discussed in this meeting, one being the bulkheading of an existing unbulkheaded area; that is an area where an intertidal zone presently exists. The second issue discussed was the required dredging for this project. The agencies agreed amongst themselves that they would oppose any bulkheading of that area not presently bulkheaded and they would wish that the area be improved to some degree to provide a better habitat. It was their agreement that if this area were left unbulk- headed, they would not oppose the additional dredging re- quired under the proposed project. They were aware that their condition on the unbulkheaded area would eliminate three slips from the applicant's marina, but they felt that that was not enough justification to allow the bulk - heading. The method of dredging and dewatering of the dredge spoils was then discussed by Mr. Sampson and the representatives of the State and Federal agencies. R. technique for the dredging and dewatering was agreed upon, That is, dredging by clam shell and dewatering V4_. settling basins on site.4 fhe ultimate removal of any dredge spoils that is not utilized by backfilling,. The meeting was then concluded. e440u Glen E. Welden Tidelands Administrator CIT':.SOF NEWPORT BEA '-I COUNCILMEN C� 9 04\ y S 3 ROLL CALL\ \s' \ \ August 13. 1979 MINUTES INDFX 6. A report from the Airport Aviation Committee OrCo requesting Council to oppose HR 3942 was Airport presented.. (195) Motion x The staff was directed to present a proposed All Ayes resolution to the Orange County League of Cities for their submittal at the California League of Cities Conference in San Francisco opposing HR 3942 which would waive compliance with FAA Aircraft Noise Reduction Regulations. 7. A report was presented from the Marine Department Harbor regarding. Harbor Permit Application #128-3017 by Permits Harrison Sea Ray Boats to reconstruct an existing (304F) bulkhead and marina at 3107 West Coast Highway. , Tidelands Administrator Glen Weldon gave a brief staff report. Ken Sampson, representing the applicant, and John Jakosky addressed the Council and asked that the Harbor Permit application be approved. Motion x Councilman Hart made a motion to approve the Harbor Permit application submitted by Harrison Sea Ray Boats, and an easement be granted to the City by the applicant of ten feet along the bulkhead for a possible walkway. Motion x Councilman McInnis made a substitute motion to confirm the 1964 City Council action regarding access to the Towers marina based on the two letters submitted by David Young, and approve the Harbor Permit application submitted by Harrison Sea Ray Boats. Ayes x x x A vote was taken on Councilman McInnis' substitute Noes x x x motion, which motion failed. Bill Ficker, planner on the project, addressed the Council regarding the proposed easement. Motion x Councilman Strauss made a substitute motion to Ayes x x x x x confirm the 1964 City Council action regarding Noes x access to the Towers marina based on the two letters submitted by David Young and approve the Harbor Permit application submitted by Harrison Sea Ray Boats, with the condition that the area, or at least ten feet beyond the bulkhead, be reserved for open space and/or parking, which motion carried. H. CONSENT CALENDAR: Motion x The following actions were taken as indicated except for All Ayes I those items removed: i Volume 33 - Page 218 T Y OF NEWPORT !`'` =ACH COUNCILMEN ,sG y moi/ �O 1p yO y MINUTES - INDEX I I I 1. ORDINANCES FOR INTRODUCTION: For introduction and set for public hearing on August 27, 1979: (a) Proposed Ordinance No. 1818, being, AN Parking ORDINANCE OF THE CITY OF NEWPORT Requirements BEACH AMENDING SECTIONS 20.11.030, 0-1818 20.14.070, 20.15.070, 20.16.075, 20.17.075, (32F) 20.33.030F OF THE NEWPORT BEACH MUNICIPAL CODE AS THEY PERTAIN TO REQUIRED PARKING FOR RESIDENTIAL USES, Planning Commission Amendment No. 535, a request initiated by the City of Newport Beach to consider an amendment to Chapter 20 of the Newport Beach Municipal Code as it pertains to required parking for residential uses, and the acceptance of an Environmental Document. (A report from the Community Development Department) (b) Removed from the Consent Calendar. For introduction and pass to second reading on August 27, 1979: (c) Proposed Ordinance No. 1819, being, AN Private ORDINANCE OF THE CITY OF NEWPORT Streets/ BEACH ADDING SECTION 12.66.080 TO THE Harbor Ridge NEWPORT BEACH MUNICIPAL CODE TO 0-1819 PROVIDE FOR APPLICATION OF VEHICLE (3319) CODE TO PRIVATE STREETS IN HARBOR RIDGE. (A report from the Public Works. Department) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9614 authorizing the Mayor PB&R/ and City Clerk to execute an agreement Sailing Prograr between the City of Newport Beach and R-9614 Coast Community College District in (128) connection with the reciprocal use , of sailboats. (A report from the City Attorney) (b) Resolution No. 9615 authorizing the Mayor Marinapark and City Clerk to execute a Consent to Sale R=9615 of Mobilehome and Trailer Space in Newport (209) Marinapark (Patterson and Foreman). (A report from the City Attorney) (c) Resolution No. 9616 designating an Stop Signs intersection at which vehicles are required to R-9616 stop and directing the Traffic Engineer to (8F) erect necessary stop signs (Newport Hills Drive East and Port Laurent) (A report from I the Public Works Department) i i i i Volume 33 - Page 219 Sl 1 1 1 INCORPORATED 2B5 BOAT CANYON DRIVE LAGUNA BEACH, CALIFORNIA - 92651 494-7525 MAY 6, 1964 JOINT HARBOR COMMITTEE CITY OF NEWPORT BEACH CITY HALL NEWPORT BEACH, CALIF. ATTENTION: MR. VICTOR J. SIMPSON RE: BOAT SLIPS TOWERS APARTMENTS GENTLEMEN: THIS LETTER WILL SERVE AS NOTIFICATION TO YOU THAT I HAVE COMPLETE CONTROL OF THE PROPERTY ADJACENT TO THE NEW TOWERS APARTMENTS ON THE EAST SIDE OVER WHICH I WILL ALLOW ACCESS FOR USE OF THE SLIPS AS DESIGNED BY RAUB & ASSOCIATES FOR THE ABOVE APART- MENTS. AS I AM ALSO VICE PRESIDENT AND HALF OWNER OF THE STOCK IN LIDO DEVELOPMENT CORPORATION, I WILL SEE THAT THIS SLIP DESIGN IS ALTERED SHOULD I EVER SEE FIT TO,REFUSE ACCESS OVER MY PROPERTY. YOURS VERY T ULY, s- DY: MW DAVID YOUNG RECEIVE'D MAY 11 1964 PUBLIC WO ,AS DEPS'. Index ( I C 1 with a maximum weight of 4, 000 lbs. ; (3) no permit has been issued for any propose floating sales shelter (approximately 4' x Mr. James Owen, Mr. Filak, Assistant Public Wo Director Ben Nolan, and Planning Commissioner P Copelin spoke from the audience. The gas dock was approved subject to approval of t U.S. Corps of Engineers, except as to the little off and the bulkhead as shown on the plans was approv they desire to go ahead with it. Council considered the following Application: A -1301-R Lido Development Corporation 3121 West Coast Highway, Newport Beacl Bayward of portion of Lot L, Tract 919 Application to add slips to finger piers. This application was discussed by the Co: tee and it was decided that upon receipt o. letter signed by an officer of the Lido Dei ment Corporation stating that access.fror. easterly property line will be available ai that the Lido Development Corporation ha control of this property, the Committee v recommend approval of the application. Said Application was approved for the construction shown on the original application provided that a 11 signed by a proper person of the Corporation be fi accordance with the recommendations of the Joint Committee. 6. Consideration was given to the following Applicati A-1366 Lido Isle Community Association Adjacent to Lido Isle Bridge, Newport Bi Application to construct floats adjacent b storage area. Drawing for this, application was referre, the Committee to Study Cost of Administ: of Pier Permits. (Referral meant to be Harbor Policy Committee. ) Lynn Williams, President of the Lido Isle Comm, Association, spoke from the audience. The recoi dation of the Joint Harbor C&..amittee that the mal referred to the .Council Harbor Policy Committee approved. \ t\ '!�\"-;°\'-;6\�\ that d rks .ay he Motion x ice; All Ayes gid. if nmit- a ,elop- the A i s rill as Motion x atter All Ayes led in Harbo on: -ach 3 to -ation to Lnity nmen- ter be was Motion x All Ayes t v CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT HARBOR PERMIT MORRIS E. SELVAGE PRESIDENT. LIDO DEVELOPMENT CORP. NAMC OF APPLICANT 2$5 BOAT CANYON MAILING ADDRESS LAGUNA BEACH, CALIFORNIA IN COMPLIANCE WITH YOUR APPLICATION OF APRIL 1 , 196 4 AND SUBJECT TO ALL TERMSY CONDITIONS AND RESTRICTIONS WRITTEN BELOW OR PRINTED AS GENERAL.9 bR SPECIAL PROVISIONS ON ANY PART OF THIS FORM, PERMISSION IS HEREBY GRANTED TO CONSTRUCT ADDITIONS AND REVISIONS TO BOAT SLIPS, BAYWARD OF 3121 WEST COAST HIGHWAY FOR THE USE OF ONWERS OF THE CONDOMINIUM UNITS - REPAIRING OF THE EXISTING RAMPY DECKINGP PONTOONS AND ANCHOR PILING AND RELOCATION WERE POSSIBLE. SUBJECT TO THE CONDITION THAT THE EASTERLY DOCK AREAS NOT BE BUILT UNTIL. ACCESS IS AVAILABLE FROM THE PROPERTY WATER FRONT AND THAT REVISED DRAWING BE SUBMITTED. ADDRESS.OF PROPOSED WORK: 3121 WEST COAST HIGHWAY PORTION OF LOT L, TRACT 919 ALL WORK TO BE IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS OF THE CITY OF NEWPORT BEACH AND DRAWINGS ATTACHED OR REFERENCED THERETO: THIS PERMIT SHALL BE VOID UNLESS THE WORK HEREIN CONTEMPLATED SHALL HAVE BEEN COMPLETED BEFORE APRIL 1.3 19 65 . A P P R V E D B Y /ZiI/J�7/Jl83zrty� i/ �G� llGrt CITY ENGINEER AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, AT A MEETING HELD ON THE 13TH DAY OF APRIL 19 64 1 CIT CL RK No. A-1301 -R May 20, 1976 Mr. Karl O. Bergheer Secretary Towers Owners Association Board of Directors 3121 West Coast Highway Suite 5-B Newport .Beach, California 92663 Dear_ Mr.. Bergheer: As you are aware, the tenants of fir. John Jakosky, who owns the property imme:liately east of and adjacent to the Mowers Apartments, propose to .redesign the docks and slips bayward of this property. You should be advised that the City's local zoning ordinances and harbor permit policies allow for the projection of such piers and floats to extend from property line to property line out to t'_ne bulkhead. Should the redesign result in a plan which provides .for the construc- tion of piers based on these ordinances and policies, i.e., from property line to property line, it is my understanding that this wonld interfere with access to some of the Towers Apartment slips. Our research of the records indicates that this possibility was anticipated when the Towers pier permit was granted. It was understood at- that time and the staff .report so reflects, that a letter woul-d be filed with the Joint Harbor Committee agreeing to modify access to the Towers slips should Mr. Jakosky change his dock design sometime in the future, result- ing in a reduction in the access to the Towers piers. Such a letter, dated May 6, 1974, from a .sir. David Young is on file with the Joint rIarbor Committee. :Ir. I�arl O. Berghear rage Two �Iay 20, 1976 You should further be advised that the fact that the occupants of the Towers Apartments have been permitted to traverse the waterways in front of the Jakosky property in the past gives them no preferential right of user in the future. For the most part, this area constitutes public navigable waters and private individuals, by well established principals of law, cannot acquire any type of "prescriptive" rights as against the public. Should you or your legal counsel wish to discuss this matter further with my office, please gine me a call at anytime at your convenience. very truly yours, DENNIS D. O'NEIL City ?attorney DDO/bc cc: Mr. John_Jakosky Mr. David Harshbarger �i :Ir. I�arl O. Berghear rage Two �Iay 20, 1976 You should further be advised that the fact that the occupants of the Towers Apartments have been permitted to traverse the waterways in front of the Jakosky property in the past gives them no preferential right of user in the future. For the most part, this area constitutes public navigable waters and private individuals, by well established principals of law, cannot acquire any type of "prescriptive" rights as against the public. Should you or your legal counsel wish to discuss this matter further with my office, please gine me a call at anytime at your convenience. very truly yours, DENNIS D. O'NEIL City ?attorney DDO/bc cc: Mr. John_Jakosky Mr. David Harshbarger %s4opw a ON4 010 46ft"401 W -3 4P sIjt , .0t S -r?dcr,4 Car 6$p1. 41019 /724_ a70 CITY OF NEWPORT BEACH MARINE DEPARTMENT August 7, 1979 TO: MAYOR AND CITY COUNCIL FROM: Marine Department ITEM NO: G-7 SUBJECT: HARBOR PERMIT APPLICATION NUMBER 127-3017 BY HARRISON SEA RAY BOATS TO REBUILD A BULKHEAD AND BOAT DOCKS AT 3107 WEST COAST HIGHWAY Action If desired: 1. (a) Confirm the 1964 City Council action regarding access to the Towers marina based on the two letters submitted by David Young, and (b) Approve the Harbor Permit application submitted by Harrison I(C) Sea Ra r Boats , o� & tie M 0, 2. (a) Continue the application, and request the applicant and the Towers to attempt to reach a compromise, and (b) Request the parties to submit alternate designs for both the Towers marina and.the applicant's marinas for City Council considerations should a compromise be unattainable. Background The original Harbor Permit for 3017 West Coast Highway was issued in 1935 with subsequent revisions in 1953. In 1953 the wood bulkhead was installed. In 1964 a Mr. David Young applied for a Harbor Permit to construct boat docks. at 3121 West Coast Highway, this property is known as "The Towers At that time, Mr. Young represented himself as having control of both the Towers property and the property at 3017 West Coast Highway (the applicant's property). Mr. Young submitted two letters indicating his involvement with the properties and agreeing to revise the Towers boat dock should this become necessary (Exhibit A). Subsequently, a Harbor Permit was issued for the Towers boat docks (Exhibit B). On May 20, 1976, the City Attorney sent a letter to the Towers Association discussing the access to their facilities. This letter was sent in anticipation of a Harbor Permit application being submitted for the revision of the boat docks bayward of 3017 West Coast Highway (Exhibit C). In October 1977, the Marine Department received an application from Mr. Joe Mamelli to construct a bulkhead and new docks at the subject location. Because of the conflict with access to the Towers existing boat docks, only the bulkhead portion of the application was presented to the City Council for Mayor and City Council -2- August 13, 1979 approval. This was done to allow the parties involved time to reach a compromise, if possible, on the access problems. On November 14, 1977, the City Council approved the bulkhead portion of the application. How- ever, the Corps of Engineers' application was subsequently withdrawn by the applicant, and no work was initiated on the site. In September of 1978, a new Harbor Permit application was submitted to the Marine Department by Mr. Mamelli on behalf of himself, Occidental Lane, Inc. as master lesee, and Mr. John Jakosky, the property owner. The background of this situation was related to the applicant's representative, along with a request that the applicants meet with the Towers and attempt to reach an agreement regarding access to the Towers boat docks. In July, the Marine Department was notified that attempts at reaching an agreement were unsuccessful, and -that the applicant wishes to procede with the Harbor Permit application as submitted. The applicant contends that the committment made in 1964 by David Young requires the Towers.to modify their docks and he should be allowed to procede with his project. Ili criicci nn The application is being brought to the City Council for review, and action. in compliance with Section 5C3 of the Harbor Permit Policies which read as follows: C. "Prior approval of the City. Council will also be required before issuing a permit for shore -connected structures when: 3. The abutting upland property is zoned commercial." Additionally, as is indicated in the background portion of this report, this application will create an access problem for the Towers marina immediately to the west of the project. The Harbor Permit Policies do not address access to marinas from the water. Section 20B of the Policies reads as follows: "All piers and floats for commercial properties may extend to the projection of the property line." The applicant has designed his project in conformance with Section 20. The majority of the marinas in Newport Harbor are designed in conformance with this section. Access to the marinas is situated accordingly, thereby precluding any conflict with access to adjacent marinas. In researching the background of the Towers, Harbor Permit, staff was un- able to determine the rationale for the existing configuration of the Towers marina. Based on the letters submitted by David Young, it appears the City Council was satisfied that the access to the Towers would be resolved when the need arose. If the City Council approves Alternative 1, listed above under Action, the access to the Towers marina will be effectively eliminated. This will force the Towers to no longer use the easterly side of their marina, or to re- design this portion of their marina to make it useable. Mayor and City Council -3 August 13, 1979 Alternative 2 would mean that the applicant and the Towers would try for the third time to reach agreement on a compromise to the access problem. This compromise could entail modification to the Towers marina, or to the applicants proposed marina, or.to both. Part "b" of this alternative would provide for submittal "of design proposals by both parties for Council consideration. D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT (111 Glen E. Welden Tidelands Administrator GEW:mw Attachments ID -1 Ul A L IDA YOLH INCORPORATED 2B5 ..AT CANYON DRIVE LAGUNA BEACH. CALIFORNIA - 92651 494-7525 APRIL 23, 1964 JOINT HARBOR.COMMITTEE CITY OF NEWPORT BEACH CITY HALL NEWPORT BEACH, CALIF. ATTENTION: MR. V. J. SIMPSON GENTLEMEN: THIS IS TO INFORM YOU THAT I NOW HAVE COMPLETE CONTROL OF THE PROPERTY LYING EAST OF THAT THAT IS NOW HELD BY LIDO DEVELOPMENT CORPORATION. THIS LETTER IS TO ASSURE YOU THAT I WILL ALLOW ACCESS OVER THIS AREA TO THE EAST SO.THAT SLIPS SHOWN ON THE LIDO PROPERTY MAY BE USED. YOURS VERY TRULY, DAVID YOUNG DY:Mw RF'CFIVED APR 211964 PURIG LJAKOrcKY 06G10CNTAL LANO INC. b.RRISOH MARINO I / /� r/y JOLIN J4 K.EWWI:TN WAbMANN ''j(J� JOC MAHtLI_I aI,11=(� LTi= ��j�z C( SLIPS LINE I 1 1 1 LLS PIERHEAD--i LINE f _ LJ LLJ u l - Q O IL o l •'f IYL_ 3 o fa of 0 • 41 t9 f 21 ''II1 iHI4NE3T TWG •74 iMHHW •7f cmLLW OOd I �LOWEOT TIDE -7.9f EXISTING GRADE LINE SLIPS NGW REINFORCED C»NC. PILE BULK Tmo. TOP Or PSULILHEAP q_ NVLOPOtr BRACH -lTANDARO,•eCG WDTR L. XIST. GCADE LINe WI MEAN SEA LEVEL'If. 73' ;Q�m 171E ROP d ALICHOR OLMK 14EWPORT BEACH STANDARD 3EE NOTE 2 AREA To BE DREV"o TYPICAL SECTION d. -e Id I*' - EX15TIN0 CONCRETE WALL �74Z-/- PROPERTY LINE /U.S. 13UL HEAD VIN j o r/- ,o: VICINITY MAP %CALF W FEET FROM: DISTRI CTING MAP, NEWPORT BEACH, GA. _. O __ 'N P•rodS- E 240.9'-- --�� =TOP Or- NEW BULKHEA12 -- SAME AS -HEIGHT OF EXISTING .15ULKHEAD(-907 - =AREA TO, BE DREDGED NOTE5= - 1 1420 C.Y. OF SAN17CPREVIOL15LY. HYDRAULIC FILL) TO 8E REMOVED 15Y HYDRAULIC DREDGE TO BARGE AND DISPOSED AT GOVERNMENT 1 APPROVED OCEAN DISPOSAL AREA. 2 REINFORCED CONCRETE PILE lSULTCHEAD),.TIE- ROD, 4 ANCHOR BLOCK NEWPORT BE.� 5TANDARP PLAN 'NO. 10&-Z. " PLAN' N'( 0 _ PURP05E : DOCKING FACILITIES _ _DATUM : new U:XXV. WU WKIM Mu w0009 NITIQI'IAL ocMW IviveY _ ADJACENT PROPERTY OWNERS: O J.R. INVESTMENT CO. QZ MS. HARRY GARTLEk F— Q -- O V 3 PROPOSED 5LIP5 11.E LIDO CHANNEL -5101 WEST PAcIF]C -COAST_—HIGHWAT NEWPORT _ DFAC14 _ ORANGE COUNTY, CALIFORNIA -:71. APLIGATION LW Mf K. -JOE. MAI49Lt1___ i►.0 R t1A¢Ihat 11HC. OHatT 1 01 0`1 '1476 R� w�- ° N — — — LOT •?"� - "- _ Lois-�------------- - J ' - N •, 301 T R 5, 1 EXI5TING LO' WOOD BULKHEAD I TO 6E REMOVED i r -NEW REINFORCED CONCRETE = 'EXISTING - 'In PILE (BULKHEAD) NEWPORT DEACR -STANDARD SEE NOTE Q. -ENTIRE ____WIDTH OF PROPERTY_ CURB FACE " I a T EXISTING - I SIDEWALK. . BULKREAD LINE I r=LOCATION OF EXISTING _1HHW hs- M EXISTING cohC. WALL N2O•�•31 E 244,16 PLAN' N'( 0 _ PURP05E : DOCKING FACILITIES _ _DATUM : new U:XXV. WU WKIM Mu w0009 NITIQI'IAL ocMW IviveY _ ADJACENT PROPERTY OWNERS: O J.R. INVESTMENT CO. QZ MS. HARRY GARTLEk F— Q -- O V 3 PROPOSED 5LIP5 11.E LIDO CHANNEL -5101 WEST PAcIF]C -COAST_—HIGHWAT NEWPORT _ DFAC14 _ ORANGE COUNTY, CALIFORNIA -:71. APLIGATION LW Mf K. -JOE. MAI49Lt1___ i►.0 R t1A¢Ihat 11HC. OHatT 1 01 0`1 '1476 R� w�- �a•,p�RT' �O•I�T Orip.TAa lA•.O IC. rAla.a.w w•a.a! K. p.r J J+aorcY - a{.IMN r•I•r Aar - Jr1t AAlta i.. r, fVR.IAO �-- u•.a I Ia.LTrN MIALa• V•a Y A�_ r•OtY fes. /••ra^I b� f. r1l RIO • arl.1! hsI •+PIa1 Ll•La L+awOARD Lal wnL t � ALa• /r M Ka•« ��1 MaOL" \ IrwL TYPICAL SECTIO , VICINITY MAP Lr . t� s r s ....• u� IRer.MTfIGT.Y4 «N,vlwPlrT al AL r,GA aa+LTrIL EA•1[R[Ta RaLA ©_ v�Is-��i a. L•O�T ...-.��'••'��4 � I 1 BhokeNg IV CL NOTES: L HIOCT OP DAVDCPRLNlOu4LY MTDRAu LIC 1 - ///� ♦ PILL) TO OL REMOVED OY WYORAtIIJC 04E0" IwIRt7TYY LwN 1 A. C � � CD Wry �Y PO^DOr•. J 1 W / L L+••I•Ms0'•� • cTL ^"bK cMrtTt LJOIIC. mmAT0-4 LEI«rowcaD [ n gs, ►V [ •ItL CDYLK•dADL TIL D`OC•( weW0&1. ORT •4GM 7 I ROD.! Atct P 7TA++OARD PA. MO W41. u I• r. TOP OP' ,[W OVaR«!AO .. O Ma�O.•T oP aa.s TMG O O .�I DULNMaD('10i. rl. /P J i ALaA t as o+aaooaD ..w."i wl•/OH w.:r -- al G V . +'+•L Com-. wft •07 1. IN Y • I ,6TY0•!17 • -2 --------------_-- LOT. 'M' L0T `r ----- - - - --- . Lanr0#6 D,.O00 •YLRML.•D �G- . TO aL LaMOfaO If asr -LaL ex's? mi •' aun• PALL / . IM.sD RTU+yyRd 1%4�0.41 Ii.W." R aau d •'e DV arp I4TRA11p• L•Pa.waR / �OICATIOM Of 41LTr6 ylM«W ++L 4grry mG Nf\l.l Mi fl LI a I(.Y \ / PIAN ® IO y owes PRO�05ED 5Li P5 PURPOSE I DOCKING FACILJTIL5 IN LIDO CHANruI � ���I �lol wa7T rACIPIC COAST MItL+aW&Y .. DAl'UI.H d L .rWAlI IDX[ 1w18 ATLLA>acA/ ►tallow OCIAIt a11e1[T ADJACENT PROPERTY OWITa*%: ,a wpo+lT VaACM Qi jot IWvaa TMLNT CLI ✓ 011+.,6[ COI/IL/TY. CAI.IPCIIa NIA ! O M' MARRY �A11 TLlR �'" A/PLICATIOM OY MR. JOL w►r1aLLl a+•a LIT I NI 1/.•14f _ afv/ VryM APPROVALS: Jakosky Trust / John Jakosky Occidental Land Inc. Kenneth Wassman Harrison Marine Inc. /f Joe Mammelli DOCK SPECIFICATIONS AND STANDARDS for Harrison Marine Inc. 3101 Pacific Coast Highway Newport Beach, California February 14, 1979 FICKER & RUFFING ARCHITECTS 1.0 INTENT OF SPECIFICATIONS These specifications are intended to establish quality standards for the construction of slips and bulkheads for Harrison Marine Inc., Newport Beach. Alternate methods and materials may be acceptable if they are of like quality to the following specifications and meet or exceed those standards. Any alternates or deviations from these specifications shall be reviewed and approved by Mr. John Jakosky for the Jakosky Trust, Mr. Kenneth Wassman from Occidental Land Inc. and Ficker & Ruffing Architects. 2.0 DOCKS 2.1 Scope: Furnish and install fingers, marginal walkways, main headwalks, and ramps as indicated and specified, complete. 2.2 Manufacture and Materials: a. Prefabricated laminated cedar docks and ramps as manufactured by H. W. Construction Co., 18611 Sandy Road, Castro Valley, CA 94546. b. Pontoons shall be fiberglass filled with polyurethane foam or foam floatation logs as recommended by dock manufacturer. Floatation devices are to be bolted to the docks with appropriate attachment devices as recommended by dock manufacturer. 2.3 Miscellaneous Hardware: Shall be provided and installed per current marine construction standards. a. Bolts and Connectors - All hot dipped galvanized of a type and size as recommended by dock manufacturer. b. Pile Rollers - Standard rubber molded on steel tubing hub with hot dipped galvanized steel mounting bracket. 4 rollers per pile. C. Bumper Strips - Standard extruded non -yellowing marine grade vinyl bumpers, secured with large head non -staining aluminum nails. Bumper strips are to be installed for the full length of fingers and headwalks surrounding each slip and along the head - walks where side ties will be used. d. Dock Wheels - Provide light duty vinyl dock wheels 10" diameter at the ends of each slip on each side of slip finger. Page 1 2.0 Docks: (continued) e. Mooring Cleats - Cast grey iron 10" length standard open base cleat. Provide four (4) cleats per slip and as required along main headwalk for sideties. Cleats are to be bolted through the main structure of the deck. Cleats are not to be secured with lag bolts. 3.0 ELECTRICAL SERVICE 3.1 Scope: Furnish and install electrical service as indicated and specified to docks. Provide building permits as required. 3.2 Requirements: Provide one 110 volt 20 amp service to each slip. Each service must have the capability of being metered separately at the service location. 3.3 Material and Manufacturer: a. Henderson Marine Supply Power -Light -Water console No. 1103 with metering capability. 1 per slip. b. Alternate - Henderson Marine Supply Light -Power Center Locker Box #1106 with metering capability. 1 per slip. 3.4 Lighting: Provide walkway lighting along main headwalks which will maintain a low level of illumination along walks. Unit described in 3.3 will provide adequate illumination. 4.0 WATER SERVICE 4.1 Scope: Furnish and install water service to docks as indicated and specified. Provide building permits as required. 4.2 Requirements: a. Provide one (1) hose bib per every two slips. (This can be provided through Henderson Marine Supply Power -Light -Water console No. 1103 - see 3.3) b. Provide fire hose and extinguisher cabinets with appropriate water supplies as direct by the City of Newport Beach Building Department and Fire Department. 5.0 PILES 5.1 Scope: Furnish and install piles as indicated and specified. Page 2 5.0 Piles: '(continued) 5.2 Materials: 12" minimum diameter concrete piles, constructed and placed according to Newport Beach standard 610-L: 6.0 BULKHEAD 6.1 Scope: Furnish and install bulkhead, anchor blocks, and rods as indicated and specified. 6.2 Materials: Reinforced concrete jet driven pile as constructed according to City of Newport Beach standard plan No. 1062. Length, width and thickness as required by the City of Newport Beach. Concrete anchor blocks and steel tie rods shall also be provided in accordance with City requirements. 7.0 HANDRAIL 7.1 Scope: Provide and install handrail along bulkhead as indicated and specified. 7.2 Materials: 1-1/2" diameter galvanized steel tubing handrail and supports. Design is to meet Uniform Building Code requirements for handrails. 7.3 Fastening: Handrail is to be secured to top of bulkhead by bolting through a baseplate on handrail supports or by setting handrail supports into sleeves set into concrete bulkhead. Page 3 of 3 ITEM NO. 201 HENDERSON ATTACHMENT DEVICE MATERIAL - POLYPROPYLENE WEIGHT - 2-1/2 OUNCES (COMPLETE) BREAKING STRENGTH - 500# TENSILE APPLICATION THIS UNIQUE DEVICE WAS DESIGNED AND MANUFACTURED SPECIFICALLY FOR THE PURPOSE OF CONNECTING POLYSTYRENE FOAM PONTOONS TO STRUCTURAL PORTION OF A FLOATING DOCK. THE FEATURES THAT MAKE IT UNIQUE ARE: 1. IT IS MANUFACTURED TOTALLY OUT OF NON -CORROSIVE HIGH STRENGTH POLYPROPYLENE. 2. THE DEVICE IS AVAILABLE IN ONLY ONE LENGTH WHICH FITS MOST APPLICATIONS. BECAUSE OF EXTENDED LENGTH OF THREADS, IT IS A SIMPLE MATTER TO CLIP OFF ANY EXCESS. 3. THE SPECIALLY DESIGNED ROD LOCKS INTO THE WASHER, AND THE WASHER BITES INTO THE FOAM THEREBY ALLOWING THE NUT TO BE SECURED FROM THE TOP WITHOUT THE WHOLE SHAFT TURNING. 4. BECAUSE OF THE GENEROUS SIZE OF THE WASHER PORTION OF THE DEVICE, IT HAS EXCELLENT HOLDING POWER. 5. THE WASHER PORTION OF THE DEVICE CAN BE PURCHASED SEPERATELY AND USED WITH A STANDARD 3/8" CARRIAGE BOLT IF DESIRED. THE HEAD OF THE CARRIAGE BOLT LOCKS INTO THE SPECIALLY DESIGNED HOLE IN THE WASHER. _. HEN D E R S O N MARINE SUPPLY PAGE 2-1 11-1-76 Permanent flotation for," rafts, docks, boat houses, houseboats." ITEM NO.. BILLET SIZE CUBIC FEET WEIGHT PROX. BUOYANCY 101 7" X 20" X 96" .82 1 lbs 102 103 10" X 20" X 1D" X 24" X 9611 lbs. 615 lbs. 13. 0 ---2E- lbs. 737 lbs. MEETS AND EXCEEDS FEDERAL SPECIFICATION NO. HH -I -524a, TYPES I AND II CLASS A. PHYSICAL PROPERTIES DENSITY (A VG.) LB. ICU. FT......... .........�. 1.8 COMPRESSIVE .. .......... . ............... COMPRESSIVE STRENGTH (AVG.) P.S.I. AT 5% DEFL............................18.0 BUOYANCY FACTOR LB. /CU. FT.. . - ................. „ e55.0 WATER ABSORPTION PROPERTIES ASTM C272 (MAX.) % BY VOLUME., ............................................ 0.5 O PREFERRED Ti � � -FOAM BOLTED IN PLACE IF THE FOAM IS BOLTED IN PLACE, USE HENDERSON MARINE POLYETHELENE FOAM ATTACHMENT DEVICE OR USE WOOD OR METAL WASHERS MEASURING AT LEAST 6 INCHES IN DIAMETER BY 1/2" THICK. (SEE DETAIL PAGE 2-1) e - 1 :1 "1 LA NV 00 us P. - THE STAKE THOD THE STAKE ME OD CALLS FOR "X2" REDWOOD STAKES, POI ED ON THE ENDS ND DRIVEN AT AN ACUTE A LE 3/4 OF THE WA BUT NEVER ALL THE THROUGH THE FOAM. SECURE THE STAKES W H GALVANIZED NAILS. E A . MINIMUM OF 6 STAKES PER LOG. H E N D E R S O N MARINE S U P P LY PAGE 1-2 3/15/78 ITEMI NO. 202 GALVANIZED LONG BOLT & WASHER MATERIAL - COLD ROLLED STEEL CONFORMING TO FEDERAL -SPECIFICATION ATSM A 36, AND HOT DIP GALVANIZED AFTER FABRICATION. APPLICATION - IF THE FOAM IS TO BE BOLTED IN PLACE USING THE GALVANIZED LONG BOLT SYSTEM, USE THE CARRIAGE BOLT OF DESIRED SIZE, AND EITHER THE HENDERSON POLYPROPOLYLENE WASHER, OR A WOOD OR METAL WASHER AT LEAST 6" IN DIAMETER. ANY ONE OF THESE SYSTEMS WILL SECURE THE FOAM FIRMLY WITHOUT THE NUT PULLING THROUGH THE FOAM. AVAILABLE IN DIAMETER SIZES: 1/4", 3/8" AND 1/2". AVAILABLE IN LENGTHS: 10" THRU 18". OTHER SIZES AVAILABLE ON SPECIAL QUOTATION.. - FOAM BOLTED IN PLACE - FOAM BOLTED IN PLACE H E N D E R S O N MARINE S U P P LY PAGE 2-2 31-I-76 r- ITEM NO. 301 (FORMALLY ITEM 106) HENDERSON STANDARD BUMPER STRIPS (10 FEET LENGTHS) MATERIAL - DESIGNED AND EXTRUDED FROM NON -YELLOWING MARINE GRADE VINYL. WEIGHT - 0.75# PER FOOT APPLICATION - ON WOOD STRUCTURE, NAIL WITH LARGE HEADED, NON -STAINING ALUMINUM NAILS, 4" O.C. ON TOP AND BOTTOM NAILING FLANGES. ON METAL STRUCTURES USE STAINLESS STEEL OR ALUMINUM SHEET METAL SCREW AND WASHER IN PLACE OF NAILS. FOR CORNER DOCK PROTECTION USE ITEM NO. 304 CORNER BUMPER. MEETS COMMERCIAL STANDARD CS230-60. HENDERSON MARINE SUPPLY. PAGE 3-1 11.1-76- ITEM NO. 401 LIGHT DUTY DOCK WHEEL MATERIAL - THE WHEEL IS MADE FROM HEAVY WALLED VINYL. THE SUPPORT MOUNTING BRACKET IS MADE FROM 1/4" COLD ROLLED STEEL, PAINTED WITH A RUST RESISTANT PAINT. THE WHEEL IS CONNECTED TO THE BRACKET WITH A 5/8" CADMIUM PLATED BOLT. SIZE - THE WHEEL IS 2" THICK AND 10" IN DIAMETER. THE BRACKET IS 3" X 4" ANGLE, 4-1/2" LONG. IT HAS S EACH 3/8" HOLES PUNCHED FOR EASY INSTALLATION. WEIGHT - 6-1/4# (COMPLETE UNIT). APPLICATION - DESIGNED SO THAT THE DOCK WHEEL CAN BE MOUNTED ON EITHER THE CORNER OR THE SIDE OF THE DOCK. B C LT 1 l HENDERSON MARINE SUPPLY PAGE 4-1 11-1-76 ITEM NO. 503 STANDARD OPEN BASE CLEAT (FORMALLY #108) NOTE: ITEM #E503 IS SAME AS WILCOX CRITENDEN FIG. 401. MATERIAL - CAST GRAY IRON - HOT DIP GALVANIZED. APPLICATION - DOCK CLEATS ARE THE KEY TO SAFELY MOORING A VESSEL TO A DOCK; THEREFORE, THEY SHOULD ALWAYS BE BOLTED COMPLETELY THROUGH MAIN STRUCTURE OF THE DOCK. LAG BOLTS ARE NOT RECOMENDED. OVERALL LENGTH TOP TO BOTTOM OF BASE DISTANCE FROM HOLE TO HOLE BOLT DIAMETER WEIGHT 3h-" 3/4" 7/811 8 3/16# 4" 7/8" 7/8' 10 1/4# 5" 1" 1-1/16" 12 3/8# 6" 1-1/8" 1-7/16' 1/4 1/2# 8" 1-1/2" 1-11/16" 5/16 1-1/4# 10" 2" 2-3/8" 1/4 2-1/4# 12" 2-1/2" 3-1/4" 3/8 3-3/4# 14" 3" 3-1/2" 3/8 6-1/4# 18" 3-1/2" 4-3/4" 5/8 112# HENDERSON MARINE SUPPLY PAGE 5-1 4-30-77 ITEM NO. 608 ADJUSTABLE PILE ROLLER MATERIAL - ROLLER: SUPER TOUGH "TANK TREAD" RUBBER MOLDED ON HUB MADE OF SEAMLESS STEEL TUBING WITH ;4" WALL... ROLLS ON SINTERED IRON, OIL -IMPREGNATED BEARINGS. CAVITY IS GREASE -FILLED. BUSHING: 1" O.D. X 6" LONG STAINLESS STEEL WELDLESS PIPE. AXLE: 3/4" DIA. X 8" LONG GALVANIZED HEX HEAD BOLT WITH HEAVY HEX NUT AND LOCK WASHER. MOUNTING BRACKET: 9-3/8" X 2" X V. HOT DIP GALVANIZED. WEIGHT - COMPLETE ASSEMBLY: 6.3 POUNDS, ROLLER ONLY: 3 POUNDS FRONT MOUNTING BRACKET DETAIL III 4 TYPICAL ROUND PILE APPLICATION H E N D E R S O N MARINE SUPPLY PAGE 6-8 4-1-77 ITEM NO. 800 ALUMINUM ATTACHMENT NAILS MATERIAL - MADE FROM RUST -FREE, CORROSION RESISTANT ALUMINUM ALLOY. THEY ARE MANUFACTURED TO COMPLY WITH ALL F.H.A. SPECIFICATIONS, FEDERAL SPECIFICATION FF -N-105, AND ALSO COMPLY WITH THE ARCHITECTURAL ALUMINUM MANUFACTURERS ASSOCIATION'S SPECI- FICATIONS FOR ALUMINUM NAILS. TENSILE STRENGTH TO 65,000 PSI. HEAD DIAMETER: 7/16" LENGTH: 1-1/4" WEIGHT: 491 NAILS PER POUND. APPLICATION BECAUSE OF THE LARGER THAN NORMAL HEAD AND THE NON -STAINING FEATURE OF ALUMINUM, THIS NAIL IS IDEAL FOR -ATTACHING VINYL BUMPERS.TO THE DOCK EDGE. HENDERSON MARINE SUPPLY PAGE 8-2 2-22-77 Erb NO. 1103 POWER -LIGHT -WATER CONSOLE. MATER.1AL- THE OUTSIDE HOUSING OF THIS UNIT IS REINFORCED FIBERGLASS WITH A MINIMUM WALL THICKNESS OF 1/8". SET INSIDE THIS HOUSING IS A U/L APPROVED ELECTRICAL POWER CENTER IN A METAL ENCLOSURE AS MANUFACTURED BY MYERS ELECTRIC OF LOS ANGELES. THIS ENCLOSURE IS COATED WITH AN APPROVED COATING PROCESS THAT MEETS OR EXCEEDS PRESENT MARINE USE STANDARDS. TWIST LOCK RECEPTACLES ARE APPROVED MARINE VARIETY AS MANUFACTURED FOR THIS PURPOSE BY HARVEY HUBBELL INC. THIS UNIT IS AVAILABLE IN THE FOLLOWING CONFIGURATIONS: 'SONE, TWO OR THREE HUBBELL TWIST LOCK RECEPTACLES WITH MATCHING CIRCUIT BREAKERS. AVAILABLE IN 15 TO 50 AMP CAPACITIES. '4CIRCUIT BREAKERS OF STANDARD VARIETY OR WITH GROUND FAULT INTERUPTERS. (GFI). *WITH OR WITHOUT A BUILT IN LIGHT. (SPECIFY INCANDESCENT OR FLORESCENT). 'WITH OR WITHOUT BRASS HOSE BIBBS. (SPECIFY ONE OR TWO PER CONSOLE). APPLICATION- THLS CONSOLE IS SPECIFICALLY DESIGNED AND BUILT FOR TWO BASIC PURPOSES. FIRST TO BE FLEXIBLE AND TO ACCOMMODATE THE MAJORITY OF THE POWER -LIGHT -WATER REQUIREMENTS OF THE TYPICAL BOATER IN TODAY'S BOATING INDUSTRY. SECONDLY, THIS CONSOLE IS DESIGNED TD BE USED AS A FREE STANDING, WATERTIGHT UNIT FOR MARINA'S THAT REQUIRE ALL OF THEIR UTILITIES IN ONE CONSOLE, AND DO NOT REQUIRE A STORAGE COMPARTMENT AREA FOR THEIR CUSTOMERS. THIS CONSOLE AND ANY ELECTRICAL -WATER REQUIREMENTS LISTED ABOVE CAN BE INCLUDED WITH EITHER DOCK STORAGE BOX #1101 OR #1102, OR PURCHASED AS A SEPERATE UNIT WITH DESIGNATED ELECTRICAL -WATER REQUIREMENTS AND ADDED TO STORAGE BOX AT A FUTURE TIME. THE STORAGE BOX WILL ALWAYS FIT THE BACK OF THE CONSOLE, APPEARING THAT IT IS ONE UNIT. FREE STANDING POWER -LIGHT -WATER UNIT (#1103) UNIT #1103 BEING ATTACHED TO STORAGE BOX #1102. HENDERSON MARINE SUPPLY PAGE 11-3 5.12_77 FIRE HOSE AND EXTINGUISHER CABINET ITEM NO. 1105 (MARLIN FB -435 SIZE: 43" X 32" X 8" WEIGHT: 33 POUNDS Ease and versatility of installation and placement is the key to this unique container. It can be placed dockside and free-standing by securing the container at the base to the deck or placed against a wall for an even more secure installation. The container is roomy enough to house any standard fire hose and for wet and dry fire extinguishers. The container is made of sturdy non -corrosive fiberglass reinforced plastic, ideal for outside use in its bright red exterior finish. The large entry door is locable for safety yet easy emergency access is permitted through the "break away" glass panel. Back panels and legs are fully reinforced for strength. The water cut-out is provided and placed at your desired location. AVAILABLE IN STANDARD FIRE ENGINE RED OR NEW SAFETY YELLOW HENDERSON MARINE SUPPLY PAGE 11-5 3-30-77 ITEM 1106 LIGHT E POWER CENTER LOCKER BOX (SAME BOX AS ITEM NO. 1101 ) MATERIAL - REINFORCED FIBERGLASS WITH A MINIMUM WALL THICKNESS OF 1/8". EQUIPPED WITH STAINLESS STEEL OR NON -CORROSIVE NYLON LID HINGES. THE LID SAFETY CHAIN AND LOCK HASP ARE BRASS. APPLICATION - THIS UNIT OFFERS A MOLDED -IN COMPARTMENT TO ACCEPT MIDWEST ELECTRICAL POWER OUTLET UNITS IN 20 AMP, 30 AMP OR 50 AMP SIZES WHILE STILL GIVING THE TENANT 9 CUBIC FEET OF STORAGE. METERS, LIGHTS AND WATER FAUCETS CAN ALSO BE ACCOMMODATED. . 1 Lq 37 I 21- Height 26-1/2" HENDERSON MARINE SUPPLY Page 11-6 5115178 r C PREFABRICATED CEDAR DOCKS The uniquely designed and fully engineered cedar dock with built-in flexibility that assures longest, maintenance free life. H. W. CONSTRUCTION CO. MARINE DIVISION 18611 Sandy Road Castro Valley, California 94546 Phone (415) 538-9392 .FULL SERVICES MARINE SUPPLIES N CONSULTING ESTIMATES DESIGN SPECIFICATIONS ENGINEERING AND CALCULATIONS INSTALLATION CONSTRUCTION MANAGEMENT LEASING FLOATING PUMP -OUT STATIONS FLOATING REST ROOMS FLOATING SELF-CONTAINED WASTE WATER TREATMENT FIBERGLASS PONTOONS COATED FLOATATION UNITS VINYL DOCK BUMPERS CLEATS GANGWAY SYSTEMS GANGWAY HARDWARE AND WHEELS PILE RINGS POLYURETHANE FOAM PONTOON FILL Many other items from varnishes to wood sealers, from liquid -mix floatation foams to non -slip coatings. Call for free quotations. DOCK COMPONENTS Structural System LUMBER: Glue Laminated Western Red Cedar (thuya plicata), standard and better, meeting U.S. Product Standard PS 56-73, 3-1/4" or 5" thick. Laminations have finger scarf joints. Treatment, painting or varnishing -is not required. AITC Certificate of Performance will be supplied. HARDWARE: Bolts are 5/8" 6, with 2-1/4" 6 mushroom heads, hex nuts and 2-1/2" 6 x 3/16" cut washers, all are hot dipped galvanized, and meet ASTM A-123. For additional hardware, pile rings, cleats and gangway metals see applicable drawings. PONTOONS: Fiberglass pontoons with wall thickness of .150" nominal, and flange thickness of .200", mounted to underside of decking with a mini- mum of twenty 5/16" z 2-1/2" hot dipped galvanized lag bolts with washers. Pontoons are 90% filled with polyurethane foam of 1.8 to 2 Ib./cubic foot density, having 90% halocarbon filled closed cells. VINYL FENDERS: Meet Commercial Standard CS 230-60 and will not chalk or discolor. Fastened with 1-1/4", large headed aluminum nails at 3" on centers along both flanges. DESIGN LIFE: Our dock system has a minimum design life of 15 years. GUARANTEE: Our dock system is guaranteed against defective materials and work- manship for 5 years. MARINE SUPPLIES: p H. W. CONSTRUCTION CO. MARINE DIVISION / 18611 Sandy Road Castro Valley, California 94546 Phone (415) 538-9392 C-108 8" non rusting cleat. Cast Zinc. 10" Galvanized Cast Iron. C-110 6" - 8" - 10" -12" mooring cleat. Galvanized Cast Iron. C-106 3-3/8" heavy duty vinyl fender. Also avail- able in a 3-1/4" light weight section. :.. iIfv ' C C� H. W. CONSTRUCTION CO., MARINE DIVISION 18611 Sandy Road Castro Valley, California 94546 Phone (415) 538-9392 To Whom It May Concern: This is to certify that Mr. A. Kenneth Sampson is authorized to act as our agent for processing permit applications for the replacement of the old bulkhead and boat slips -at 3101 West Coast Highway, Newport Beach, California 92663. This authorization is to the U.S. Army Corps of Engineers, the California South Coast Regional Commission and such local jurisdicitions as required to process the applications thereto. HARRISON'S MARINE, INC. 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CALIFORNIA 90053 RECEIVE,) AA116 . 79 SPLCO N Public o&"Pe7:8,7 13 Jan 197(8gL1F„ h� Date Co s Due: 13 Februa �* N YOU ARE INVITED TO COMMENT ON THIS APPLICATION FOR A PERMIT APPLICANT: Harrison Sea Ray Boats` 3017 West Coast Highway Newport Beach, California 92663 APPLICANT'S AGENT:.. Sam Kniss_(Trautwein Bros -.-)-.(7_14):673-1960 ACTIVITY: Under Section,10 of the River and Harbor Act of 1899 and under Section 404 of the Federal Water Pollution Control Act Amendments of 1972 to construct a precast concrete bulkhead in front of an existing deteriorated wooden bulkhead-, and backfill with approximately 100 cubic yards of imported clean sand at 3017 West Coast Highway,, Lot M. Tract 919, in Newport Bay, Pacific Ocean, City.of Newport Beach, Orange County, California, as shown on the drawing accompanying this notice. The evaluation..of.the impact on the public interest of this activity will include application of the national interim, final guidelines promulgated by the Environmental Protection Agency contained in Navigable Waters., Discharge of Dredged or Fill Material, Federal Register of ,5 September 1975, p.,41292 (40 Code of Federal Regulations 230) PURPOSE AND USE: To protect: private property against erosion. FEDERAL, STATE AND LOCAL -AUTHORIZATIONS Approvals have been received from the City of Newport Beach, Marine Safety Department; and the Water Quality Control: Board, Santa Ana Region. A permit will also be required from the California Coastal Commission, South Coast Region, prior to issuing the permit. IMPACT ON HISTORIC PLACES AND NATURAL LANDMARKS: The proposed activity, is not -near any of the sites listed in the National Register of Historic Places or the National Registry of Natural Landmarks. Anyone having know- ledge of archaeological, ;scientifie,, prehistoric ;or historic"materials in the immediate area should contact this officek during the comment period. The permit (if issued) will include a condition that if potentially sig- nificant findings are made during construction, work shall be suspended immediately. The findings shall be reviewed and appropriate action will be taken ENVIRONMENTAL IMPACT: A Preliminary Environmental Assessment of the pro- posed action has determined that some adverse impacts. would result from project construction. These include slight impacts on traffic as a result 4 FC7�d�r SPLCO N Harrison Sea Ray Boats Public Notice No. 78-51 13 January 1978 of movement of construction equipment, slight air quality and noise impacts from construction equipment, and a localized increase in water turbidity from jetting in of seawall.segments. Construction would also destroy the fouling organisms associated with. the wooden seawall structure. Benefi- cial impacts include: improvement in appearance and safety since the pre- sent seawall is deteriorated and failing, retention of thecommercial utility and value of the adjacent land, economic benefits from the con- struction work, and elimination -of sedimentary runoff into the .bay. The preliminary assessment concludes that no significant adverseimpacts upon the human environment would occur. Therefore, at this time, an Environmental Impact Statement does not seem necessary. PUBLIC HEARING :-Any person who has an interest which may be adversely affected by the issuance of a permit may request a public hearing. The request must be submitted in writing to the District Engineer within thirty (30) calendar days of the date of this notice and must clearly set forth the interest which may be affected and the manner in which the interest may be affected by the activity. CRITERIA Your written comments or objections should include the number and date of this notice and'must reach this office within thirty (30) calendar days. The decision whether to issue a permit will be based on an evaluation of the probable impact of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the activity must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the activity will be considered; among those are conservation, economics, aesthetics, general.environmental concerns, historic values, fish and wildlife values, flood damage prevention,.land use classification, naviga- tion, recreation, water supply, water quality, and, in general, the needs and welfare of the people. No permit will be granted unless its issuance is found to be in the public interest. FOR THE DISTRICT ENGINEER: r ROBERT H. REIM Lieutenant Colonel, CE Deputy District Engineer.. U CITY OF NEWPORT BEACH FOR; ��P January 9, 1978 Sam Kniss, Manager Trautwein Brothers 2410 Newport Blvd. Newport Beach, CA 92663 RE: Harbor Permit #128-3017 Dear Sam: On October 28, 1977, you submitted an application to revise a Harbor Permit on behalf of Harrison Sea Ray Boats to construct a bulkhead at 3017 West Coast Highway. That application was signed by Joe 11amrieli as President of Sea Ray. The application was accepted and processing began in as much as Sea Ray is the long term lessee of the property. However, the current Harbor Permit for this location is held by the property owner, Mr. John Jakowsky and the revision application should have been signed by him. Therefore, the process- ing of this application will be placed on a "hold" basis until such title as an application signed by Mr. Jakowsky has been submitted. As I mentioned in a letter to you dated November 4, 1977, a problem exists regarding access to the neighboring Towers Building slips. I suggested that your client initiate an effort to resolve this problem. I understand that this problem has not been resolved to date. Should you or your client have any questions,please let me know. Sincerely "Glen E. Welden Tidelands Administrator Marine Department GEW:11 cc: City Attorney John Jakowsky City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 EDIAUND G. BROWN JR., Go --or STATE OF CALIFORNIA -_ CALIFORNIA COASTAL COMMISSON d SOUTH COAST REGIONAL COMMISSION�i f 666 E. OCEAN BOULEVARD, SUITE 3107 January 3, 1979 P.O. BOX 1450 LONG BEACH, CALIFORNIA 90801 (213) 590-5071 (714) 846.0648 NOTICE OF PUBLIC HEARING Pursuant to order of the California Coastal Zone Conservation Commission, notice of public hearing is hereby given. Said public hearing is scheduled on the January 23, 1978 Agenda for application for permit, number P-12-21-77-2480 commence at 9:00 a.m. as submitted by Harrison Marine The subject request is to permit Remove 225 ft of rotted wood seawall and replace with concrete bulkhead at 3017 West Coast Highway, Newport Beach CA Said agenda public hearings will commence at 9:00 a.m. on at January 23, 1978 Huntington Beach City Council Chambers 2000 Main Street, Huntington Beach, CA During which time all persons either favoring or opposing the application will be heard. Testimony should be related to the regional and state-wide issues addressed by the California Coastal Act of 1976 and that testimony relating solely to neighborhood and_ local. concerns is not relevant and will not be permitted by the Chairperson. Any written correspondence regarding the application should be directed to this office prior to the hearing date. All interested individuals who wish additional information may con- tact this office.- M. J. C rpe t r Executive Director ** FOR APPLICANT ONLY.... COPY OF THIS NOTICE IS TO BE POSTED ON SUBJECT PROPERTY 82977 STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST REGIONAL COMMISSION a� 666 E. OCEAN BOULEVARC, SUITE 3107 P.O. BOX 1450 LONG BEACH, CALIFORNIA 90801 (213) 590-5071 (714) 846.0648 Dear Applicant: Your application for a- Coastal Commission` permit has been received and cannot be filed for processing until the enclosed certificate of posting has been returned. Your file number i; project located. at Please refer to this number when communicating with us in regard to your project. You will be advised by separate correspondence of the hearing date. Type of hearing scheduled: Consent lr/ Full Public Hearing ` Yours truly, SOUTH COAST REGIONAL COMMISSION pen e Executive Director Enclosure: Certificate of Posting Notice of Intent SPLCO-N DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES. CALIFORNIA 90038 Trautwein Brothers ATTN: Mr Sam Kniss 2410 Newport Blvd. Newport Beach, CA 92663 Dear Mr. Kniss: 14 December 1977 Your permit application to replace a wood wall with a new concrete bulkhead, and backfill with 100 cu. yds. of gand for Harrison Sea Ray Boats, dated 8 December , has been assigned number 78-51 Please refer to this number"in future contact with our office. We estimate that the processing time for your application will be a minimum of 90 days Any work done in navigable waters before permit issuance is -prohibited by law and may subject the parties involved to possible civil and criminal legal action. To process your application, the information designated on the attached Check List is required. If you have any question or wish to bring to our attention special circum- stances justifying expedited processing, please call our Navigation Branch at (213) 688-5606, before 4:00 p.m. Sincerely yours, 1 Incl(s) R.P. YOUNG, .E. As stated Chief, Cons ruction - Operations Division Gv ' MJF F .40yT10ly O U 2 S�ATF" .776-19�6 L'A FL 507 Dec 76 CHECK LIST FOR APPLICATION NO. 78-51 (Circled items are incomplete. Numbers refer to numbered items on your application form.) 6. purpose, description of structures on fills or platforms, type, composition, quantity of materials, method of dredging, means of conveyance, disposal site of dredged material, step-by-step description of work. 8. mailing addresses, owners and lessees. 13. when issued, provide copies of approvals or certifications listed on your application and below under "OTHER". 15. types of vessels, sewage pump out and refueling facilities, hazard- ous materials contingency plan, copy of environmental assessment or report if prepared. 16. Print name and title of signor, signed statement as described in item 16 designating your agent, fee. DRAWINGS - see attached check list OTHER: Please send a revised drawing. Copy of Coastal Commission Permit. NOTE:A fee of $100.00 is required prior to issuing the permit. However, do not send i the fee until requested to do so by this office. N 0 V\ a r - w MARINE DEPARTMENT November 14, 1977 ITEM NO.: H-13 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION #128-3017 BY JOE MAMMELI TO CONSTRUCT A CONCRETE BULKHEAD AT 3017 WEST COAST HIGHWAY Recommendation If desired, approve the application. nicrimcinn This application is being brought to the City Council for review and action in conformance with Section 5 C.of the Harbor Permit Policies which states: "Prior approval of the City Council will also be required before issuing a permit for shore connected structures when: The abutting upland property is zoned commercial." Mr. Mammeli has submitted an application to construct a bulkhead and to recon- struct the boat slips bayward of 3017 West Coast Highway. Because of possible conflict regarding access to the slips bayward of the neighboring Towers Building, Council approval of only the bulkhead portion of the application is being requested at this time. Approval of the bulkhead portion will allow the applicant to proceed with the lengthy permit process inherent in all bulkheading projects. The proposed bulkhead will not affect the slip access situation. The existing bulkhead is in a very deteriortated condition. The new bulkhead will be placed immediately bayward of the existing bulkhead so as to preclude the necessity of excessive filling of water area. At such time as a solution regarding the access situation is reached, or if a solution agreeable to all concerned cannot be reached, Council action on that portion of the permit involving the boat slips will be requested. Notices of tonight's meeting have been sent to the neighboring property owners. D. HARSHBARGER, DIRECTOR Mari,rtment (, G n �E. WeTden Tidelands Administrator GEW:11 C91"V OF NEWPORT BEACH MAKC-'O;. APPLICATION EZ0. � i �oAs� N1E�� /43. -- Ac J1 �� Err/t10 B�✓ pp✓E DY � t P�ddF wA. 2'33 r .:,1. �X I EcE✓Aye+C i 11 r" 1'r 111 ;1 i7/I' N3��08� 1 11 � 11 11 111 Fxrar� 1�.1 1 1 ' r C 1 i44'� II r` 11 Frrtt'� �'�>vr1 IU� 1pl�i�F;j` y{lII� M1.i �I Ij aecKr � � 1 •y � 11 1 1'-/3r �3 /V 40 BULKi/E•4A RFpcAt/Twcu7 Jo® /✓o, -77142 NA /e /•2 r So S.% of /'.^; �� / a /*�'s ATO dr' /'H f}/�: o='r.-,,�../� •�',�y�„"J'. APPLlC41Vr.; Arte^' ^ �- 30.7 ws'rC��;�T,�,o/e,��vAy i wore, sxr6 AVO rcdc /+frM aAAJ v T Cow cxh /I70f! 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CORD NR If rylfrgo-rrry VICIMI it SKETCH wst x6tr vwv .rAu-•'rs Q(,►tiA,.J N�r�..o /"_SG'NA.�/r"pi, "fWPORr 5AY/ CALIFo9XNrA WA- /": IOC✓E.Z%= s. ........_.---r>'Ltrs °' — • SOUn(y—q5 ora cXpicssed /n Ace/ or)d dsvno/e 5,0(!/."7(y—q5 daPls,s be/ow ti1C007 Lower Low 1,+Oyrer. rti/01/.7<c n �. rangeof /i de vj�Prvx/.nv�m/y /O /`acEP� fr'ornor /,fires Ore cs/ob//'shed rn /h15 secf.0.7 of NeW 11. 6or �oAs� N1E�� /43. -- Ac J1 �� Err/t10 B�✓ pp✓E DY � t P�ddF wA. 2'33 r .:,1. �X I EcE✓Aye+C i 11 r" 1'r 111 ;1 i7/I' N3��08� 1 11 � 11 11 111 Fxrar� 1�.1 1 1 ' r C 1 i44'� II r` 11 Frrtt'� �'�>vr1 IU� 1pl�i�F;j` y{lII� M1.i �I Ij aecKr � � 1 •y � 11 1 1'-/3r �3 /V 40 BULKi/E•4A RFpcAt/Twcu7 Jo® /✓o, -77142 NA /e /•2 r So S.% of /'.^; �� / a /*�'s ATO dr' /'H f}/�: o='r.-,,�../� •�',�y�„"J'. APPLlC41Vr.; Arte^' ^ �- 30.7 ws'rC��;�T,�,o/e,��vAy i COUNCILMEN �o � 9 s� G c� F,\ y \ c.A CIVY-'OF NEWPORT BEAC6 November 14, 1977 MINUTES TLTUPT31� 9. The plans and specifications for the Cement -Mortar W Npt/ Lining of Cast Iron Water Pipe, West Newport and Balboa Penin Balboa Peninsula, Contract No. 1979, were approved; Water Mains and the City Clerk was authorized to advertise for (2819) bids to be opened at 10:30 a.m. on November 3.0, 1977. (A report from the Public Works Director) 10. The public improvements reconstructed in conjunc- Resub 516 tion with Resubdivision No. 516, located at (2349) Newport Boulevard and Via Lido, were approved. (A report from the Public Works Director) 11. The improvement of the Alley along the North Side Npt Shores of West Coast Highway between Walnut and Lugonia Specific Streets, and the improvement of portion of Walnut Plan and Lugonia Streets (West Newport area) which were (1642) constructed in conjunction with the development of Lots 4, 5, 6, 11, 12 and 13, Block 5, Seashore Colony Tract (202, 204 and 206 Lugonia and 203, 205 and 207 Walnut), were accepted. (A report from the Public Works Director) 12, The public improvements in Resubdivision No. 518 Resub 518 constructed in conjunction with Resubdivision No. (2616) 518, located on the northwesterly corner of East Coast Highway and Jasmine Avenue in Corona del Mar were accepted; and the City Clerk was author- ized to release the Letter of Credit No. 1161 issued by the Idaho First National Bank in six months providing no claims have been filed. (A report from the Public Works Director) 13. Harbor Permit Application #128-3017 by Joe Mammel Harbor \ 1 to construct a bulkhead at 3017 West Coast Highw Permit (A report from the Marine Department) (304F) 14. The following maintenance dredging harbor permits- Harbor "., were approved subject to the conditions of ap- ;' Permit proval under the general permit issued by the (304F) Corps of Engineers: #116-1100 - Stephen Barnard,- 1100 W. Bay Avenue; #116-1104 - Dr. Deiterich, - 1104 W. Bay Avenue; #151-1107 - Jerald Hampton, 1107 N. Bay Front; #109-1805, Howard House, 1805 E. Bay Avenue; and #109-1813 - Willard Voit, 1813 E. Bay Avenue. (A report from the Marine Depart - went) 15. The following budget amendments were approved: BA -34, $100.00 increase in Budget Appropriations and increase in Revenue Estimates, funds to assist in providing stage and lighting facilities for the Newport Community Theatre in Ensign View Park - donation from City National Bank, Lido Village Office, from Unappropriated Surplus to Phase II Ensign View Park, Park and Recreation Fund. (A report from the Parks, Beaches and Recreation Director) BA -35, $270.00 transfer of Budget Appropriations for chair for City Manager's office, from Un- appropriated Contingency Reserve to Furniture and Fixtures, General Fund. Volume 31 - Page 297 CITY OF NEWPORT 66ACH COUNCILMEN \ p0 ty 900 �.,\ November 14. 1977 MINUTES INnFV 5. The City Clerk's referral of the following Summons on- and Complaint to the insurance carrier was con- firmed: firmed: (a) Summons and Complaint of Ellen B. Smith for Smith Personal Injuries and Damages, Orange County (2739) Superior.Court, Case No. 27-77-69. The original claim was for injuries sustained on June 4, 1977 when she twisted and fractured her left foot on the broken asphalt as she stepped off the curb at the southeast corner of 26th Street and Balboa Boulevard. 6. The following request to fill personnel vacancies (1203F) was approved: (Report from the City Manager) (a) Two Building Maintenance Man I positions in the General Services Department to fill positions now vacant. (b) One Key Punch Operator position in the Finance Department to fill a now vacant position. (c) One Maintenance Painter position in the Public Works Department to fill a now vacant position. (d) Four Utilities Serviceworker positions now vacant in the Public Works Department. (e) Two Fire Engineer positions in the Fire Department to fill two positions now vacant. (f) One Emergency Equipment Dispatcher position in the Police Department to fill a now vacant position. (g) Two Parking Control Officer positions that will be vacant in the Police Department. (h) One Police Clerk I position in the Police Department to fill one position that will be vacant. 7. The following staff reports were received and ordered filed: (a) Memorandum from the City Manager regarding Rape Crisis H.E.R.E. rape crisis clinic recommending no Clinic financial support. (Attached) (2818) (b) Removed from the Consent Calendar. 8. The plans and specifications for the 16th Street Utilities Utility Service Yard Improvements, Phase II, Service Contract No..1942, were approved; and the City Yard Clerk was authorized to advertise for bids to be (2199) opened at 2:30 p.m. on December 8, 1977. (A report from the Public Works Director) i Volume 31 - Page 296 k ®.: COW CITY OF NEWPORT EAC � n -Z November 4, 1977 Virtue and Scheck P. 0. Box 2950 Newport Beach, CA 92660 Attn: Edgar Scheck Dear Pair. Scheck: REF: Proposed Jacosky Docks In a letter dated August 20, 1976, you requested that you be advised in the event an application is filed with the Marine Department to construct new docks on the Jacowsky property adjacent to the Towers Condominiums. An application has been received by this department for a permit to construct a concrete bulkhead and to replace the docks. The portion of the permit for the bulkhead will be presented to City Council for their approval on November 14, 1977. The portion of the permit for the dock reconstruction will not be presented to City Council until such time as an effort is made by the Towers and the applicant to reach a solution to the access problem. I have advised the applicant of the necessity of an effort to reach an agreement, and of my intention to process the appli- cation in two parts. If you have any questions, please contact me at 640-2156. Sincerely, Glen E.Weden Tidelands Administrator Marine Department GEW:11 City Miall ® 3300 Newport Boulevard, Newport Beach, California 92663 CITY OF NEWPORT BEACH November 4, 1977 Sam Kniss, Manager Trautwein Brothers 2410 Newport Blvd. Newport Beach, CA 92663 Dear Sam: RE: Harbor Permit #128-3017 A preliminary review of the Harbor Permit Application you submitted for Joe Mammelis has been made. I would like to suggest that with your approval, a request be made to City Council for approval of the bulkhead portion of the appli- cation at their November 14, 1977 meeting. This would allow you to proceed with obtaining the necessary permits from certain other agencies. Additionally, delaying the portion of the application for the boat slips would allow an attempt to reach an amicable solution to the problem of access to the Towers Building slips. After an effort has been made, the final portion of the application would be submitted to City Council for their action. I would suggest that your client initiate the effort to obtain a solution to this problem by contacting the Towers Association and perhaps Mr. Jakowsky for the purpose of a meeting. Some discussion between these parties has occurred in the past. Should you desire, I can make available copies of the original Towers Harbor Permit which ties in the Jakowsky property to the Towers for access purposes. I believe both the Towers and Jakowsky have copies already. I am referring Mr. Mammelis' application together with the original Towers permit to the City Attorney for his opinion on the validity of the conditions and committments attached to the Towers permit. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 Page Two November 4, 1977 Should the parties involved be unable to reach an agreement, the City Council, upon reviewing Mr. Mammelis' application does have the authority to condition the Harbor Permit as they deem necessary. Sincerely, "Glen E. Welden Tidelands Administrator Marine Department GEW:11 CITY OF NEWPORT BEACH MARINE DEPARTMENT PLAN REVIEW REQUEST CJ'COMMUNITY DEVELOPMENT DEPT. CD PUBLIC WORKS DEPARTMENT Q FIRE DEPARTMENT =I PARKS & RECREATION ® POLICE DEPARTMENT C3 GENERAL SERVICES APPLICATION OF �f grYl.S n �eo, k0,4 FOR A HARBOR PERMIT COMM'L ACTIVITIES HARBOR PERMIT TO Date //- 1-7-7 PLANS ATTACHED(PLEASE RETURN) PLANS ON FILE WITH MARINE DEPT. ro 0 BAYWARD OF LOT Ale BLOCK TRACT 2/f ADDRESS REPORT REQUESTED BY //—//--7-7 SIGNATURE DATE STATUS SHEET HARBOR PERMITS LOCATION Q New PERMIT NO. �/0- V / Revision APPLICANT NAME J, 6 -e r-, Z 1, Dredging CONTRACTOR � , Date Rec'v / `3, / `" Fee Amt x ,� . Fee Processed Date Reviewed by Marine Dept. Approved Denied Corection Required - Description City Council: �� Approved 6,144,Ga 11-10-712 Remarks DATE MATERIAL SENT/APPROVED C.O.E. 1. Application 2. Consent Ltr, it 7' 6,1 3. "Waste" Ltr. 4. Drawings 5. Staff Report 6. 7. 8. Denied SCRZCC SARWQCB e -d YzY Fo REMARKS r 6 DATE FINAL INSPECTION J.H.C. OR. CTY. T.I.C. CITY 6F NEW.JIRT 9L. -CH HARBOR APO JCATI( .4 ' NO. ✓ oe "-. //b f re /9b F7�t,. Tu ,�E iMPnR7 , wORK S/rte A+VQ A C L C f! o M L A,✓ O` v 7 Cow cosi, rn•f!' +/ AI Eai / • + s) A:7E✓ ba&rT Led �< t r � N E , 0 Q — _ I . M L.L.L✓ w "&—Poor *„ '' � R ' iiCL •�.w Q /wsNA ,.. .� 1 i0 / t L. _ =p-PAAff&J' .� - I 1I (C.VlsrF A',V— tr')a' — y PAIC .lrf�Ai.. i eXrJsG 1 �" ; cocom O C a eft awwt Rc7r« WOOL E'9 VICINITY SKETCH ' ' -"� •�tr'crrr „=.50 '/l 0'2r an, NewOoorr BAY CAC IFOa NfA y,` ". i Jerry SoUnprings o•e r.rwcsscd rn !ee! and d«7ole ................................ e@,,- Ah3 be/ow MCo•q Lowes Low/ &W60M. Mot7..it�Arr ronye of /i de opPrvx7�so�dr /� �f. Norbo,, 4;7es Ore esiob/r'shed in �h;s sect<rov7 oPNswrpwr! Bob: oAsT 155 T oS ' 0)� /oe, 143.1' 9 i `� � A N , Ne✓ toerit. i. aryeMi f) • �, Ew" `ajsri arcs ObCIr1 1 _ 11 1 1 IDI LK e 1 '� % �a U. t. L#A.-el4A s t y -i �l JEwf'04-7 $i47� Hi4 i.to i� SFS/ /�oirt-sr epLKi/EAa% FAX AeirA Ie-AA7 .4PAC/�` �L 3O I % Wim+ i !G-wlLi,JE'I'>-i�✓/I� es I' r 9491" or �71fwTw��.v &Ad �0 2G77 / Tvo Ala. 77140 CITY OF NEWPORT BEACH HARBOR APPLIC.,MN NO. y/liQ/ES //G t Te /36 f wORFC S/rQ' Fig fb ipf A Wj �( •AND L.s[ EO PBo /1) LAN t - � V T Low each Q. , /ifs!)' s o O rEX I S7 G ee s N B w 4 o.e o .vs—Apar �*„ o R rQ O PISA ,o 11 SA16o de NFA✓/u ucNt* 0 1 �� civ C' v.et� � ZD�PANe<.f 11 , �1 Nis+N Tp>A� 11 EX�S>G ,I. Coe. 0 Wmv ui,*-- V I C! M I TY SKETCH QEMAIJ 17EN1&'D�^'r SG'h,D,2/Z•, Niwvoar Bay CAL �Foa NrA I i. �xrrr ,V6w wAaa. Y Sound/nVS ors e.rpicSsed /n fee/ once denote dep/ins be/ow Moor! Lower Low Mofer. Mor/.s,cins eon?e of /idc 42 O-K/r»o-/s/r /O /eef Harbor /.i7es are esiob//'shed .iii phis section of NewPorte Ba,: .. oR�.H►E�`�AY /DD,oS 9S) J1 i 1 ` New tout Opl ET'IJ1G 2o'oA EDf1xr"r O VOA L�3 �! EX it Ir `1T1 ItT �-I xis11,11 141 i1 ii { 1 l sr W EsE Doers �Y \'�: 1 �{ ,1 ,� {� 1+ '; 1' 111 �1 1 1 Deeuf it it Pi�e 1 - c1AJC • �2 S �! KS ',VEL�Poi27- 8A -Y /V oTE: BUtKNE•4 A RF'/�.�AcF/vr.vT /S of if �rvl�lEw�CY $>A7vt { 4CV/rSED: /y14177 TpeK 0" "' DOC To � rt'1 �4ekr�c.t�, pe cis. ' AP041C.4NTS MAWr 3 017 WcST C0*1197' N16"W /A/ ✓oa ,QoveEss T,24C7' 40T 0WAMN : ,T'4M ,vAre' WATERFRONT CONSTRUCTION To: Harrison Sea Ray Boats 2327 S. Main Street Santa Ana, California 92707 Attn: Joe Mamelli Re: New Bulkhead and Dock Permit 2410 Newport Boulevard Newport Beach, California 92660 Telephone (714) 673.1960 Contractors license No. 258975A 27th. September 1977 Dear Mr. Mamelli: For your convenience and to expedite the processing of the permits, etc. that are necessary to the above project, I can sign for you as your agent on all such documents. If this is your desire, please endorse below. Please retain one copy for your files. Sincerely, TRAUTWEIN BROTHERS Sam Kniss I authorize you to act as my agent on the above project. S gnature -10 -/l - i%. Date July 25, 1977 Sam Kniss 2410 Newport Blvd. Newport Beach, CA 92663 Dear Sam: As per our phone conversation today, please find enclosed documentation regarding the water easement issue at Harrison's Boat Center in Newport. You will note that no easement shows up in the copy of the Title Report from First American Title. Also the opinion of the Newport City Attorney (as expressed in enclosed letter) clearly indicates that the Towers Apartments have no "prescriptive easement rights. Please coordinate with me if there are any problems in regard to insti- tuting plans and permits for Mr. Mamelli's marina develop nt: I look forward to keeping abreast of progress on the project. rA ASHWILL-BURKE & CO. PS: pj9 Enclosures /_.�► SH `�/ ILL- B RK 1� &/ CO.LOS 11 ll 111 111 VVVWWW 111 ��// JJJt��----��� ANAHEIM ANGELES SAN DIEGO / INDUSTRIAL AND COMMERCIAL REAL ESTATE SPECIALISTS VAN NUYS PROPERTY MANAGEMENT SAN JOSE 17910 SKYPARK CIRCLE, SUITE 101 IRVINE (714) IRVINE, CALIFORNIA 92714 549.9361 July 25, 1977 Sam Kniss 2410 Newport Blvd. Newport Beach, CA 92663 Dear Sam: As per our phone conversation today, please find enclosed documentation regarding the water easement issue at Harrison's Boat Center in Newport. You will note that no easement shows up in the copy of the Title Report from First American Title. Also the opinion of the Newport City Attorney (as expressed in enclosed letter) clearly indicates that the Towers Apartments have no "prescriptive easement rights. Please coordinate with me if there are any problems in regard to insti- tuting plans and permits for Mr. Mamelli's marina develop nt: I look forward to keeping abreast of progress on the project. rA ASHWILL-BURKE & CO. PS: pj9 Enclosures REGAN DR11MMY GARRElTT & KING A PROFESSIONAL CORPORATION ATTORNEYS AT LAW DONALD J. REGAN - P. O. BOX' 8010 'AREA CODE 714 STEPHEN C. DRUMMY TELEPHONE 833-8151 JOHN C. GARRETT SUITE 205 MACARTHU94 PLAZA JOHN P. KING, JR ..429.9 MAC ARTHUR. BOULEVARD ALAN I. WHITE EDWARD F. WROE NEWPORT BEACH, CALIFORNIA 92663 BRUCE G. ZIMMERMAN - W. DOUGLAS EASTON L7uTie 2,, 1977. Harrison's. Marine, Inc. c/o Philippe Stoner Ashwill-Burke & Co. 17910 Skypark Circle, Suite 101 Irvine, CA 92714 Re: SubleaseOccidental"Land, Inc. - Jakosky Property Gentlemen: Enclosed are the, following documents (1) Three (3) copies of Sublease of Real Property, each signed by Occidental Land, Inc. (2) Copy of Fifth Amendment to ;Ground Lease (between Jakosky and Occidental ,and) (3) Copy of boat slip agreement. In order to complete this transaction, please have Harrison's Marine, In:c.'do the following :without .delay: (a) With respect to the three Sublease copies, have the two officers who signed the Sublease affixtheir initials on page 1 next to the 'inserted date of July 1, 1977, and in the lower righthand corner of each page, including the exhibit pages. This should be done with respect to each of the three Agreement copies. You'll note that pages 2 and 3' do not contain the initials of the,Occ.identa'l Land officials. These initials will be supplied shortly. Please returri'two of the fully initialled copies to us. (b) Execute and return the boat'slip agreement copy. (c') Return with the initialled documents your check made payable to Occidental Land, Inc. in the.sum of $43,400.00. The subject Sublease shall be effective on condition that you comply with the above instructions very. my yoursjd, STEPHEN C . ARUMMY O f' TtEGAN DR'Cl.�i�!tY OAT?�"t IT SCD:mf A Profession a1:,Corporati¢n Encls. I IL March 3, 1977 ®ccIDenTaL LanD. inc. 10889 WILSHIRE BOULEVARD, L05 ANGELES, CALIFORNIA 90024 • )213) 879-1700 • 477-0066 Phillipe Stoner 17910 Sky Park Circle Suite 101 Irvine, -California 92714 Dear Mr. Stoner: Pursuant to Mr. Ken Wasmann's request, I am enclosing herewith a xerox copy of letter to Mr. K. O. Berghear Secretary of the Towers Owners Association Board of Directors dated May 20, 1976 from Dennis D. O'Neil, City Attorney for Newport Beach refering therein the question of "prescriptive" rights. Also enclosed is a xerox copy of Jr. to Occidental Petroleum Land with reference to the adjustment to Paragraph No. 4 of the Ground Property reflecting the new rate (letter dated June 11, 1974). E truly. ours, lins Legal Department mm enc 1 cc: Kenneth Wasmann (w encl) G. R. Smith (w encl) letter from J. Jakosky, & Development Corporation of rents in accordance Lease/Newport Beach of $6,080.00 per month, First American Title Insurance Company 421 NORTH MAIN STREET (P. O. BOX 267) • SANTA ANA. CALIFORNIA 92702 - (AREA 714) 558-321I •OCCIDENTAL LAND STEPHEN DRUMMY, ATTORNEY 4299 MAC ARTHUR BOULEVARD NEWPORT BEACH, CALIFORNIA Your No. Our Order No. OR -1213043 Form of Policy Coverage Requested CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance Of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior t the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of March 1, 1977 at 7:30 a.m.-������—� Eric G. Haug TITLE OFFICE Title to said estate or interest at the date hereof is vested in: KATHERIP:E F. JAKOSKY, a widow, as to an undivided one—half interest and JOHN JAY JAKO,SKY and UNITED CALIFUIRNIA BANK, as Co—Trustees as to an undivided one—half interest. The estate or interest in the land hereinafter described or referred to, covered by this Report is: A Fee. At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said Policy form would be as follows: See following attached pages. OR -1213043 1.' Second installment General and Special Taxes for the fiscal year 1976-1977, amount $8,81.9.24; Code Area 07-001, A. P. NO. 049-130-18. The above does not include a Veterans or Homeowners Tax Exemption. 2.' k Lease dated July 1, 1951, by and between Charles A. Beecher, as lessor and House and Garden, Inc., as lessee covering one certain -building located on the North portion of Lot G known as 615 -Coast Highway,, Newport Beach, and also one certain metal covered building located in the Southeasterly corner -of said Lot 'G. recorded December 6, 1951 in book 2261, page .428'of Official Records, to which record reference. is hereby .made for further particulars. 3. An Easement over the North=rly portion of said Parcel 2 as deed to the .State of Calif ocnia, for highway purposes by deed recorded June 20,''1929 in book 293, page 5 of Official Records. 4. A Waiver in favor of the State of California of any claims for damages to said Parcel 2 by reason of the location thereon of a public highway, as contained in:the last above mentioned deed. 5. An Unrecorded Lease covering Parcel 2, dated i'Iay 2, 1932 in favor of Thomas J. Gentle, as -recited in Notice of Non - responsibility by Mary Gorman Hooper recorded May 10, 1932 in book 548, page 452 of Official'Records. ay This report does not include an examination of or a report on the -present -ownership or condition of said lease. 6. An'Unrecorded Lease of,the'property located at 635 Coast Highway, Newport Beach, California, in favor of warren lampman, as disclosed in chattel mortgage from Warren Lampman to 'Edwin G. Smith, recordedMarch4, 1940 in book 1033, page 319 of Official -Records. Note= -This report does not include an examination of or a report on the present ownership or condition of said lease. 7. An Unrecorded Lease of a portion of Parcel 2, dated June 1, 1946 between Elizabeth M. Batterton and Charles A. Beecher, as disclosed in a chattel mortgage executed by Jesse Dickinson Page 2 OR -1213043 in favor of Lena hall, recorded December 23; 1946 in book 1467, page 108 of Official. Records. Note= This reoort does not include an examination of or a _ report on the present ownership or condition of said lease. Xr 8. An Unrecorded Lease of that' certain business situate at 611 Coast Boulevard, Newport Beach,- California, in favor of Plywood Fabricators Inc.,'as disclosed in notice of intention to mortgage, by Plywood Fabricators Inc., recorded February. 17, 1947 in book 1473, page 381 of Official Records. Note: This report does not include an examination -of or a report on'the present ownership or condition of said lease. 9. A Lease of said land dated December 1, 1963, exeucted by John J. Jakosky and Katherine F. Jakosk y, as lessor, and by F. David Young, as lessee, for the term of 55 years from December 1, 1963, upon the terms, conditions and covenants therein contaiAed, recorded December 24, 1963 in book 6350, page'682 of Official Records, reference being hereby made to the record -thereof for further particulars.. Note: -The.-Lessee's interest under said Lease has been assigned to Deane Brothers, Inc., a California Corporation by assignment recorded.April 5, 1967 in Book 8217, page 688 of Official Records, reference being hereby made to the record thereof for gull particulars. J0. A Deed of .Trust (covering the.leasehold estate created by said lease). to secure an inaebtedness of 536,000.00 recorded April 1041- 1967 in book 8220 page 423 of Official Records. Dated: November 22, 1966. Trustor: Deane Brothers; Inc., a California corporation. Trustee: Security First National Bank, a National Banking Association. Beneficiary:. F. David.Young. The Beneficial interest under said Deed of Trust was assigned by assignment dated -November 22, 1966, recorded April 10, 1967 in book 8220, page 424 of Official Pecords, to Bank of America, National Trust and Savings Association. 11. The effect of a deed executed by John Jay Jakosky, Jr., Page 3 OR -1213043 Trustee to Katherine F. Jakosky, recorded :larch 12, 1970 in book 9237, pace 580 Official Records. 12: The effect of a deed executed by Katherine -F. Jakosky to John Jay Jakosky, Jr., recorded March 17, 1970 in book -9240,' -- page 822'Official Records. 13: The Effect of a deed executed by John Jay Jakosky, Jr. to -John Jay Jakosky, Jr. and Becky Jakosky, husband and wife as joint tenants -recorded March 25; 1970 in book 9245, page 979, Official Records. 14. Enclosed herewith is. our statement of charges for this report. Any reference herein for a policy of title insurance is "hereby cance_llea. Page 4 Ota -1213043 DESCRIPTION All' that.certain land situated in the State of California, County of Orange, City of Newport Beach, described as follows= PARCEL 1= The Westerly 100 feat of Lot G -of Tract No. 919, as shorn on a Map recorded in book 29, pages .31 to 34 inclusive of Miscellaneous Maps, records.of Orange County, California. PARCEL 2= -That portion of Lot M of tract No. 919, as shown on a Nap recordea in'book 29, pages 31 to 34 inclusive of Miscellaneous Naps, records of said Orange County, described as follows= :beginning at.a point 673°00 feet Easterly on the United States Government -bulkhead line, from the point of intersection of the Easterly line of the County Road, between Newport Beach and Santa Ana, near`the point where it enters the City of Newport Beach, and the'United'States Government bulkhead line -as established .in 19160 between Stations 127 and 128, the point of beginning being 466.55 feet bearing South 780 594 36" East from the said point of intersection along said bulkhead line between Stations -127 and 128, and'206.45 feet through an an;le of 6°114 3611 -along said bulkhead line on a curve concave to the South; radius of 1910.00 feet; said point of beginning being on the said bulkhead '-line between Statioais 126 and 129; thence normal to said bulkhead line between Stations 123 and 129, North 170-121 001' East a distance of 243.15 feet, more or less, to a' point in the Southerly line of the State Highway, named ►ane Coast Boulevard; thence Southeasterly along the Southerly line of said Coast Boulevard, on a curve -concave to the South, radius of 1870.00 feet a distance -of 143-19 tet, more --or - less; through --an angle -of 40 234: 14". to _a- point,_ thence South 210 004 30" i?est a distance of 243.62 feet, more or less, to a point in the bulkhead line between Stations 123 and 129, last described line bring normal to said bulkhead line between Stations 12B and 129; thence Northwesterly along said bulkhead- line- between Stations 128- and --129. on a. curve concave to the South, radius of 1910.00 feet, a distance of 127.00 feet through an angle of 30 48, 30" -to the point of beginning. Page 5 Op -1213043 EGH_gc. Plats enclosed. Note= According to the public records, there have been no deeds conveying the property in this report within six -months prior to the date of this report except as follows= None. Page 6 (y sol• r I �. r� La U CC i x 3n3•tr • � O �aseryvd d '.° l m 1 L JJ `l i I t —A —.�� t I, (y sol• r I �. r� mo) c Z La U CC C "7 d ^'I m 1 L JJ `l mo) c Z VIRTUE C8 SCHECK LAWYERS JODEANE R. BARLOW BURLEIGH J. BREWER CALDWELL R. CAMPBELL DAVID J. DANIELS PAUL B. GEORGE MICHAEL C. GERING THOMAS M. GIESER TERRY C. HACKETT JOHN J. KENDRICK INCORPORATED JOSEPH C. OBEGI TIM PAONE EDGAR E. SCHECK BERNARD E. SCHNEIDER GERALD M. SHAW PAUL J.SHETTLER LARRYTUCKER JOHN VIRTUE JOSEPH A. WALKER August 20, 1976 Marine Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Attn: Glen Weldon Re: PROPOSED JACOSKY DOCKS Dear Mr. Weldon: When I last spoke to you I indicated to you that representatives of the Towers Condominiums would meet with Mr. Jacosky to discuss possible alternatives to Mr. Jacosky's proposed new dock arrangement which would not deprive the Towers' residents of their existing docks. However, since that time Mr. Jacosky has indicated that he has no interest in meeting with the Towers' residents and intends to proceed with the construction of the docks. The residents of the Towers would like to have an opportunity to be heard concerning the proposed realignment of the docks by Mr. Jacosky. Accordingly, we hereby request that the Jacosky file in your department be marked to so indicate and that I be advised at the time an application is filed by Mr. Jacosky, and prior to any recommendation by your department or hearing on the appli- cation by the City Council. I thank you very much for your kind cooperation in this matter. Very truly yours, EDG E . SCHECK /pap cc Karl O. Bergheer Dennis O'Neil P.O. BOX 2950 / 270 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (714) 644-9030 May 20, 1976 Mr. Karl O. Deryheor' Secretary Towers Owners ASG6 i.�tion Hoard of Directors 3121 West Coast highway Suite 5-B Newport Beach, California. 92663 Dear Mr. Bergheer: As you are aware, the tenants of Mr. John Jakosky, who owns the property- imme:l iately e:a s t of alul a(lj acent to the Towers Ajartments, propose to r.eclesign the Clocks and slips baywara of this property. You should be advise.l that the City's local zoning ordinances and harbor perc,iit policies allow -for the projection of such piers an] flo<zts to extend from property line to property line out to the: bulkhead. Should the re:losign result in a .plan wriicll' provides for the construc- tion of piers basecl on these ordinances and policies, i.e., from property line to property line, it is my u1lderstancliticp that this would interfere.with access to some of the Towers Apartment slips. Our research of the records indicat©s' that tliis ponsibility was anticipated when the Towers Pier permit wan granted. It ws:s unders tood at- that time and the staff report so. reflects, that a j etter would be file:l with the Joint Harbor C:orrnnittee agreeing -to modify access to the Towers- slips should Mr. Jakosky change his clock clesign sometime in the future, result- - incl in a .reduction in the access to the Towers piers. Such a letter, dzte.l May 6, 1974, from a !-Lr. -David Young is oil . f i:le with-tha7-Joint-Harbor" Committee. �1+a�' i�.• nezc,�hecr OAK Two . GYr 31976 y 20 ,ria •fie C �'. r z "r 7i �,. .. �: .. Off, Ycru sl�oulc urthen advised ai r Yr4;CiRx L1 Li�L G � � �3R,ln _ "'� �i "�.,e•�"T t.-...5+ A ,e-�<7^ -�t� �d��'S.l p+#fh?'^ i'�.,-! ^9� Y..x�� � A E... "7 'V ..A . A «. kihai alp, iC?ia ". t -Tai-. t� a S�z q r+ 4, ^q T� { $ Cia sa` —–g3Z�1?w'b-vTt'Z�'r� y e C iT Tit - — � x ? R i `� §1711 "� ° Y A%'�:� 1 a s- r r i 3 cc3� 6 ias ���.�R"1-'�' �" a -- p'f � z�,a,,,�a. rs.-.mac '��•n 3 - ,.. 4# - OSx_F9.#.',,�"..g.'~s..:—,L3.u•-`y. `.��+,}.�-._ih s _ .', - ., - • i C 'A � e... -"fir u.W-.•.r-'s�''x`.— - i� iii#iTi it x�C X 1."1 t c3la td & e .3 +F �s+ ..r.•.Yr:.++,n,-a.ri"^ �liscu3s t2�is sn;�ttcr Shoal you or your legal counsplease call at anytime at further with my office, your convenience. Very truly yours, DLjq',4IS D. 01rIEIL City Attorney DDo/bc cam; Mr. John Jakosky car. )avid 1:arshbar•7er t� `€ {j P: *ra h ti CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT t ADPL I CAT ION. FOR''HARBOR PERM IT DATE .fit ri 1 1T 9g CITY OF NEWPORT BEACH CALIFORNIA GENTLEMEN: APPLICATION IS HEREBY MADE FOR PERMISSION TO Additions and Revisions to Boat Slips, Bayward of 3121 West Coast (APPLICANT WILL DESCRIBE -HERE . FULLY-; WHAT : HE WISHES TO' DOi AND PURROSE:=OF IMPROVE ME NT piling are to be repaired -and re-logated where r)ossibe with tht= remainder being new construction. Minor maintenance dredginq to.be performed to provide flotation for slips, floats and vessels., n e ('l o ,t@ s ,,r s. Vf og ADDRESS OF PROPOSED WORKI 3120 West Coast Highway APPLICANT IS OWNER OF Portion of Lot L., BL.(" y TRACT 919 PIASTER LEASE THE UNDERSIGNED AGREES TO DO THE WORK IN ACCORDANCE WITH THE RULES, REGULATIONS AND -SPECI- FICATIONS AND SUBJECT TO THE INSPECTION AND APPROVAL OF THE CITY OF NEWPORT BEACH AND ACKNOWLEDGES THAT THE APPLICATION AND PERMIT ARE SUBJECT TO THE GENERAL PROVISIONS FOR HARBOR PERMITS ON THE REVERSE SIDE HEREOF AND TO ANY SPECT CONDITIONS IMPOSEDf�5� CONTRACTOR? '" �/� ,- � �REC ' D FEECHECK No. zL'4`"Z� `- S1GNATURE OF APPLICPRESIDENT AN DATE ¢ ' 3 ` (� ¢ LIDO DEVELOPINIE T CORP FROM D!R 1f 1 i�Od A/ r MAILINGADDRESS 285 Boat Can -yon Laguna Beach,' Calif. PHONE HY 4-7525 APPLICATION SHALL' BE IN DUPL.i CATE .. ND. A �Ioi"11' SRT ° CITY OF NEWPORT BEACH NSP C/FOR April 14, 1976 Mr. John Jakosky 898 West 18th Street Costa Mesa, California 92627 Dear Mr. Jakosky: It has been brought to our attention that a possible disagree- ment has arisen between the Towers Owners Association Board of Directors and you, the owner of the property located immediately to the east of the Towers building. Apparently your tenants wish to redesign the slip facilities in front of their. property and the proposed new configuration may reduce the present access to the docks in front of the Towers. The <-ity of Newport Beach has jurisdiction over the tidelands in chis areaand also is responsible for issuing the necessary pier pennits which would be involved in any relocation of the. existing slips. Because of our interest in this matter, we believe it would be appropriate for the parties involved to meet for the purpose of working out a possible solution to this problern which hopefully will be mutually satisfactory to all concerned. I have scheduled such a meeting in my office on Friday morning April 1. 23, 1976, 'at 10:00 a.m. If for some reason you will. be unable to attend on that date, I would appreciate it if you would contact me and perhaps we can arrange a more convenient, time. My telephone number is 640-2201. Very truly yours, i D -S NIS D„ OTNEIL City Attorney DDO/bc CC: Da --id Harshbarger City F -L "1 3300 Newport BouleNrard; Newport Beach, California 92663 PIC)� F. U q�1FOFN April 14, 1976 CITY OF NEWPORT BEACH Mr. Karl O. Bergheer Secretary Towers Owners Association Board of Directors 3121 West Coast Highway Suite 5-B Newport Beach, California 92663 Dear Mr. Bergheer: It has been brought to our attention that a possible disagree- ment has arisen between the Towers Owners Association Board of Directors and Mr. John Jakosky, the owner of the property located immediately to the east of the.Towers building. Apparently Mr. Jakosky's tenants wish to redesign the slip facilities in front of their property and the proposed new configuration may reduce the present access to the docks in front of the Towers. The City of Newport Beach has jurisdiction over the tidelands. in this area and also is responsible for issuing the necessary pier permits which would be involved in any relocation of. the existing slips. Because of our interest in this matter, we believe it would be appropriate for the parties involved to meet for the purpose of working out a possible solution to this problem which hopefully will be mutually satisfactory to all: concerned. I have scheduled such a meeting in my office on Friday morning April 23, 1976, at 10:00 a.m. If for some reason you will be unah'.e to attend on that date, I wo:.�d appreciate: it if you wouL-1 cc:.:tact me and perbaps we can arrange a more convenient time. My telephone number is 640-2201. Very truly yours, DE_ NIS' D. 0 NEIL DDO/."bc City _x to ney cc: Dati.'d rarshbarger Citi- Hall 3300 Newport Boulevard, Newport Beach,' California 92663 i I NOTICE NOTICE NOTICE Your Harbor permit Application # will be considered by the Newport Beac regular meeting commencing at 7:30 h City Coun p. m, on cl at its D. HARSHBARGER, DIRECTOR Marine Department City( Newport Beach I � � �� ' � x � � � _."�--..--�—"—_ � � � � � � �� ��� ���� 6_ � � � c� � ` � ��� � `� �� � `..� `moi ��� ���` > ti "�`� ` � � � �� ti�� � � � �� � ti ti � � �� ��� � � > �.� �Y� s � '� ti� �z ti ��� � � - 3 ti4� �ti ti� � .-�,.��b ' ��.,� �`..�, � � 'T' �..�'� � � y�tE3'#.��t�*tG`3J 'StL3�,'�1'i.'L � y i#..�.�,� �`c � t'4� yy.r� \\ \ . 1. �:�^ `ice. �i L7 a�e�+'!�G\� \ \ \ �, `�.'�..�. \� j �l `� '� � � �, � � �� ���w � � � � e v � �`� M� �s � �� ti ti \� � � � � i� � '� � , ` � � `��iti� ` ti � �, � � � �� �� �'', � �y 1 y � mss'` `� A ti � � � � � � V � 'i �: '� � �.. � `-, �. � `�; `'�A � � � -s1`,. s Vim. � ��,: 5 � �� ��� �� � .n J �� _, .�. , .�,�, ,� ., ...,,` , _ .� ..�. � y � .,. ,� w A �.. , _� �, � .. a ... _...,. �: � � � 1� .�.�...� ,�,� r � � �., ', n.. �' 17i)- -? 7' i --mac s.� _--- ol 41 4-4,64 Lem Io S13311HDUV Milinbi v835301"Al .kvmFiSIH col-t*o ak-a� 4e "nazw J0411- 0660,4 9 � ti i AREA To BE EXISTING GRADE LINE DREDGED -�xisr Ooc-�s Fo2 �yTYPICAL %D_Y_v--%ZS e,9^1,9.0l/�l//uiSECTION 4 / / EX15TINGC NCRETE WALL u 1 1 ANCHOR DLMK BEACH STANDARD VICINITY MAP —T FROM: DISTRI CTING MAP.MEWPORT BEACH. CA. O Si E 290.9'i NOTES: L 1420 C*Y OF SAND(PREVIOUSLY HYDRAULIC FILL) TO BE REMOVED BY HYDRAULIC DREDGE I TO BARGE AND PISP05ED AT GOVERNMENT APPROVED OCEAN DISPOSAL AREA. 2. REINFORCED CONCRETE PILE CBULKHEADJ.TIE ROD.4 ANCHOR BLOCK NEWPORT 19FAcH 5TANDARD PLAN NO, IOG'Z. TOP OF NEW BULKHEAD SAME A.5 HEIGHT OF EXISTING 15ULKHEAD(•9.0) . AREA To BE DREDGED PURPOSE: DOCKING FACILITIES DATOM - MEAN LCI.ER LOU WATM (Mll.W=OAp) HATIDNAL oc!-AK SUEVET ADJACENT PROPERTY OWNERS: O J.R. INVESTMENT CO. O2 M5. HARRY GARTLER PROPOSED 5L1 P5 IN LIDO CHANNEL 5101 WEST PACIFIC COAST HIGHWAY NEWPORT BEACH ORANGE COUNTY. CALIFORNIA APPLICATION BY MR. JOE MAMELLI LIA�2. '1ARIn F- !INC. 5HEET 1 OF 1 9/4j78 rrE`n`'En R/u/�14 c; __------_-LOT M• ---------- r - LOT c------------------------ - 50' 50' T REXISTING LOQ WOOD OULKHEAD / TD 8E REMOVED n H REINFORCED CONCRETE -n FILF(EXISTING STANDARD SEE NOTE 2. E BEACH SEE NOTE 2. ENTIRE 5/IVTH CURB FACE - -NEW _ WIDTH of PROPERTY. F I I� E%15TING I 510E WALK ! BULKHEAD LINE I I r --LOCATION OF EXISTING JAI HHW-316 - - n 1 1 EXt�MING CO. WALL N2-55-r-,rE PLAN �O PURPOSE: DOCKING FACILITIES DATOM - MEAN LCI.ER LOU WATM (Mll.W=OAp) HATIDNAL oc!-AK SUEVET ADJACENT PROPERTY OWNERS: O J.R. INVESTMENT CO. O2 M5. HARRY GARTLER PROPOSED 5L1 P5 IN LIDO CHANNEL 5101 WEST PACIFIC COAST HIGHWAY NEWPORT BEACH ORANGE COUNTY. CALIFORNIA APPLICATION BY MR. JOE MAMELLI LIA�2. '1ARIn F- !INC. 5HEET 1 OF 1 9/4j78 rrE`n`'En R/u/�14 c; JOINT HARBOR COMMITTEE MINUTES APRIL 7, 1964 MEMBERS PRESENT: CLEARY, COOK, HONER, STODDARD MEMBERS ABSENT: NONE STAFF PRESENT: BALLINGER, OBERG., SIMPSON OTHERS PRESENT: ANDERSON, OWEN, PORTER, REMMERS NEW APPLICATIONS: t= % �A-13017R LIDO DEVELOPMENT CORPORATION 3121 WEST COAST HIGHWAY NEWPORT BEACH CALIFORNIA BAYWARD OF PORTION OF LOT L.,TRACT 919 APPLICATION TO ADD SLIPS TO FINGER PIERS. MOTION WAS MADE BY. COOK THAT APPLICATION BE RECOMMENDED FOR APPROVAL SUBJECT TO THE LIMITATION THAT THE EASTERLY DOCK AREAS NOT BE BUILT UNTIL ACCESS IS AVAILABLE FROM THE PROPERTY WATER .FRONT AND THAT REVISED DRAWING BE SUBMITTED AT THE NEXT MEETING. MOTION CARRIED. ALL AYES. -A-1377 D. G. GILLILAND 1134 E. BALBOA BOULEVARD, BALBOA BAYWARD OF LOT 18, BLOCKS K AND 17,-EASTSI.DE ADDITION TO BALBOA TRACT APPLICATION TO CONSTRUCT CONCRETE SLAB GROIN. MOTION WAS MADE BY COOK THAT APPLICATION BE RECOMMENDED FOR APPROVAL. MOTION CARRIED. ALL AYES - A -1378 NEWPORT CONSTRUCT.IO-N. CO - 309 NORTH STAR.LANEy NEWPORT BEACH BAYWARD OF'LOT'108� TRACT 4224 APPLICATION'TO.CONSTRUCT PLEASURE RAMP -AND SLIP FLOAT. MOTION WAS MADE BY COOK THAT APPLICATION BE RECOMMENDED FOR .APPROVAL SUBJECT TO THE APPROVAL OF THE U.S. CORPS OF ENGINEERS. MOTION CARRIED. ALL AYES. CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT HARBOR PERMIT DAVID YOUNG NAMt: OF APPLICANT 285 BOAT CANYON DRIVE ";MAILING ADDRESS LAGUNA BEACH, CALIFORNIA IN COMPLIANCE WITH YOUR APPLICATION OF OCTOBER 25 , 1962 AND SUBJECT TO ALL TERMS, CONDITIONS AND RESTRICTIONS WRITTEN BELOW OR PRINTED AS GENERAL,,bR SPECIAL PROVISIONS ON ANY PART OF THIS FORM,. PERMISSION IS HEREBY GRANTED TO BUILD A 27 -UNIT APARTMENT BUILDING PARTIALLY EXTENDING BEYOND THE EXISTING BULKHEAD AND SUPPORTED ON PILINGS AS SHOWN ON PLOT PLAN. SUBJECT TO A PERMIT BEING ISSUED BY THE CITY BUILDING DEPARTMENT. LOCATED 3120 W. COAST HIGHWAY. EAST LOT "L" ALL WORK TO BE IN ACCORDANCE•WITH THE STANDARD SPECIFICATIONS OF THE CITY OF NEWPORT BEACH AND DRAWINGS ATTACHED OR REFERENCED THERETO: "PROPOSED DOCKS FOR THE YOUNG -SELVAGE APTS." THIS PERMIT SHALL BE VOID UNLESS THE WORK HEREIN CONTEMPLATED SHALL HAVE BEEN COMPLETED BEFORE NOVEMBER 11 , 061p9 -A . APPROVED BY CITY ENGINEER AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, AT A MEETING HELD ON THE 13TH DAY OF NOVEMBER , 19 62 1 I \ ITY LERK No. A-1301 CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT APPL I CAT CON ;FOR 'HARBOR PERMIT DATE October 25 , 196, CITY OF NEWPORT BEACH CALIFORNIA GENTLEMEN: APPLICATION IS HEREBY MADE FOR PERMISSION TO (APPLICANT WILL DESCR-IBE: HERE, FULLY— WHAT ' HE WlSHE S�'TO1"DOI IAN DI: PURPOSE';OF'% I MPROVEMENT Build a 27 unit apartment building partially extending beyond the existing bulkhead and supported on pilings as per attached plot plan, -Vote the building does not extend beyond the U.S. bulkhead line as established. f1, SyThe CITY COUNCIL c;frl OF G ADDRESS OF PROPOSED WORKI, 3120 W. Coast HgWyo APPLICANT IS OWNER OF LOT. East 1/2 Lot "Ll' BLOCK TRACT 919 THE UNDERSIGNED AGREES TO DO THE WORK IN ACCORDANCE WITH THE RULES REGULATIONS AND SPECI- FICATIONS AND SUBJECT TO THE INSPECTION AND APPROVAL OF THE CITY OF NEWPORT BEACH AND ACKNOWLEDGES THAT THE APPLICATION AND PERMITARESUBJECT TO THE GENERAL PROVISIONS FOR HARBOR PERMITS ON THE REVERSE SIDE HEREOF AND TO ANY SPECIAL CONDITIONS IM�bSED. Long tgrm,lessor: CONTRACTOR'. David Young RECD FEE$ pSIGNATURE OF APPLICAN CHECK N0. DATE /Q -,F6 -lo z FROM,6Z41,&OC4EG[E�.B�UE� 1'�rQSSoC MAILING ADDRESS Laguna Beach Hyatt 47525 PHONE APPLICATION SHALL BE 1N DUPLICATE I NO. A - 1.5 O I i MCCIr EKIS7 FSUL""D L•9G' ti`• a y/�y B�bGi : t I A�4 y U 5 c __.. _ ....._.... �-. --.2..73 ../�..�•-,�-,iv_ ,`` � '�, E MOR LE 19 ILQN A N ac ��x" ;'.r EX1�'i113� '��,?N�. �►j�.Ici'a�A.°'':�', ;�` �'rQ'�3 `•` of t70tG .tI:S7'-AtQC� �j�A Lf; S. BUIK,RSkO: L NE-,� \ 0rVV_PCS9T' I CP, C,&LIFoRwi& -Cx III G 1 ,-.. �-- bIuwrack eIIerbraek and associates date GtT ,►^ ARCHITECTS 2515 east coast highway corona del mar calif. OR 3-0300 s!e* a