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HomeMy WebLinkAboutM2006-0072Lr) r- ru Ln ru I m rd Total Postage & Fees m m Sent To ------ --- --- Siree' Ap t No or P�'Box NO, ----------------------------------------------------------------------- Cif a �4 I �- - 11������ CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 July 14, 2006 Newport Towers Homeowners Association 3121 West Coast Hwy. Newport Beach, CA 92663 RE: Vessel Encroachment Pier at 3121 West Coast Hwy. Dear Mr. Dalessio, A recent field inspection of your dock has revealed one berthed vessel is extending beyond the projection of the property line and into 3131 West Coast Hwy. This is in violation of the Newport Beach Harbor Permit Policies which state: Moorings — A: "Boats moored at private or public docks shall not extend beyond the projection of the property lines of the property to which the dock facility is connected in accordance with section 20-C." This letter will advise you that the encroaching vessel must be relocated within thirty (30) days from the date of this notice, otherwise an Administrative Citation may be issued and penalties will begin to accrue ($ 100, $200, $500 daily increments). Your cooperation will be greatly appreciated in this matter. Please see the attached picture of the infraction. If you have any questions regarding the enforcement of the Harbor Pen -nit Policies, please feel free to give me a call. This letter was sent via regular first class mail and registered mail. Thank you, Lisa Walters Harbor Resources (949) 718-1844 3131 WEST COAST HIGHWAY, NEWPORT BEACH, CA 92663 (949) 642-7880 - FAX (949) 642-0674 www.villaiiovarestaurant.com Newport Towers Homeowners Assn. 3121 West Coast Hwy. Newport Beach, CA 92663 May 24, 2005 This letter is to inform you that the 2 boats berthed at your property are encroaching on our property. While trying to be a good neighbor, I have allowed the yellow hulled sailboat to berth where it is currently. Years ago, Kevin(the property manager at the time) and I discussed it on a temporary basis, and I agreed to let it stay until we needed the space, or it became a problem. It was also agreed that any damage to the boat as a result of it being over the property line would be at the owner's risk. I t now has become a problem. A couple of summers ago, the yellow boat destroyed the two topiary plants on the top of our pilings. They were attempting to dock under sail and the boom knocked both plants in the water. The owner told my manager he would contact me to pay for the damage. I never heard from him. Now without asking, a 3 5' sportfisher has been berthed several feet from our dining room window. Please remove both vessels from our property by June 1, 2006. Andrew Crean President Villa Nova, Inc. cc: O.C.Sheriffis Dept Harbor Division Newport Towers HOA 3121 W. Coast Hwy Newport Beach, CA 92663 May 30, 2006 (Hand DeEvered) Mr. Andrew Crean Villa Nova Restawant 3131 W. Coast Hwy Newport Beach, CA 92663 Dear Mr. Crean I am in receipt of your unsigned letter dated May 20 that was forwarded to me on May 20 It is always the desire of the Newport Towers Homeowners Association to be, the best possible neighbor and if an issue does come up I would hope we could resolve the issue with better cominunication and understandinLy. While it is true that the yellow boat does slightly encroach into your property and as you now it has been there ever since your building was rebuilt. I was on our board when Kevin approached you and asked for your permission. We have appreciated your jester. But as you recall it was after you asked us for the permission to encroach over our property to build out a faux finish on the side of our property and to hang lights to provide better visibility for those traveling north bound on PCEL We were happy to help you in your time of need. Just recently you asked for permission to hang a camera on our tower to help protect your property We agreed. Your customers have been known to park in our lot from time to time. While we have had the right to tow your customers we never did. As far as the incident with the yellow sailboat knocking over the plants on the pillars is concerned, the plants did fall and the wooden pots did break but the plants were in tacked and placpd on the dock. I personally met with your manager as you were not in and told' him of the imishap and gave him my card and also told him I lived next door in 8D. I told him that I would be happy to replace the wooden pots and have our landscaper place them on the pilings. I also told him I would be happy to pay for the damage. He told me that it is probably '�no big deal but if you had an issue you would call me."' I apologize if you were under the impression I was to call you. I can appreciate your issue with regard to the Sport fisher. He was between slips and asked if he could park there for two months. We told him it would be OK with us but he should contact you to make sure. We were told that his assistant was a good friend of yours and he would do it that day. It is alarming that you were never notified. Since it is clear that you oppose we will have the owner move the sport fisher. It would be our desire to give him 30 days. I would like to think it is the sport fisher that causes the most concern. And I will be happy to adhere to your demand. It would help out our association if we could get the two-month rent As a professional courtesy we would like to give him 30 days notice to vacate. In any event I will have bini call you tomorrow I would like to keep our current arrangement of water space in exchange for land space. If you insist on making us move our boats around to accommodate property lihe I would hope you understand us asking you to remove your lights and any structure foom encroaching our airspace. I believe we have been very W4-- o, td -gqqd -neighbors as . have overlo ked bo es in our planter, your customers urinating on our property, the breaking of bottles in your tt-ash at 2 a.m. when you close and the constant parade of loud boats pulling into your dock late at night and continuing to party on their boats with -stereos blaring. I would haft to see animosity build over what seems to be minor trespass issues between neighbors. I can be reached at 949-378-3650 Sincerely. essio HOA President Cc: OC Sheriffs Dept. Harbor Division Code Enforcement Mr. Dennis Dalessio Newport Towers Homeowners Assn. May 31, 2005 3121 West Coast Hwy. Newport Beach, CA 92663 Rather than call you, I have opted to respond in writing. Evidently our recollections of past conversations concerning your boats location, the lights on the side of the building, and the potted plant incident differ. I would like to keep any communication in the future in written form. Concerning your boats location, your reference to "slightly encroaching" is an insult. If you look down the side of our building it is nearly half on our property. As for our asking for permission to apply the faux finish on the wall, our request was to set up the scaffolding to apply the finish. While we do get some exposure from the wall treatment, it was applied also for the aesthetic appearance it provides to your homeowners, and the lights are for your tenants security as well as our exposure. While the lights are, I do not believe the faux finish is beyond the property line. If it is, I would again ask permission to set up the scaffolding to scrape off what is encroaching and remove the lights. I wish to make clear I do not consider our lights and faux finish related to the location of your boat in any way. Upon your request, I will ask Excel Electric to remove our security equipment from your property, and to remove your security equipment from our property. As for the plant incident, Gary, the manager, said you did come in following the incident. What he relayed to me was you would call me the following day. Our gardener took the plants away, soaked the one that had fallen in the bay with fresh water, but it died. He could not find a matching size so replaced both pots and plants and secured them to the pilings. Since I had not heard from you, I had the general manager contact you, and she faxed a bill for the replacements to the MPC office. We never received a check or heard from you. As for your other concerns, we pay $6000 a month to lease parking spaces for our customers at Mariners Mile Bldg. and Arches Marina. We would expect you to tow any cars that do not belong in your lot. That is our policy. We have a problem with charter boat customers parking in our lot all the time, we have them towed. At this time we will still allow moving vans and delivery trucks to unload from our parking lot providing they are gone by 4:00 PM. Weekdays and 3:00 Weekends. If there is a problem with people leaving bottles in your planters, it may be from another source. Our valets do not allow any bottles or drinks to leave the building. If you catch anyone urinating on your property, I would hope you would call the police. Why our customers would do this is beyond my comprehension. We certainly have ample restrooms. We make every attempt to keep the late night noise to a minimum. Inside the building, we cannot hear what is happening on the docks. Anytime one of your residents hears loud noise, I would encourage them to call the restaurant so we may take action. The late night bottle crashing you hear is one of our employees recycling bottles. Several years ago, we had problems with homeless people going through the dumpster overnight collecting the bottles. To stop it, we allowed Luis to place trash cans in the bar and kitchen to collect the bottles. At closing, he loads them into his truck and takes them to the recycle center. I will speak to him and make sure he is quieter in his loading. If it continues to be a problem, call the restaurant during the day, and we will have him stop. The Villa Nova is one of the few places left in Newport people can cruise to dinner by boat. It has been and will continue to be an important part of our popularity. That is why while financially it would be better to rent the dock space out I choose not to. Many of our customers dine here to enjoy the view of the harbor. They appreciate the fact we do not have boats blocking the view. Your request to allow the sportfisher to stay so your association can get a couple of months rent at our expense is an insult. With the removal of your boat from our property, our usage of the Easterly most finger will be increased considerably. Andrew Crean President Villa Nova, Inc. 3131 WEST COAST HIGHWAY, NEWPORT BEACH, CA 92663 O,C. Sheriffs Dept (949) 642-7880 - FAX (949) 642-0674 Harbor Division www.villanovarestaura#it.com Sirs, This letter serves as a formal complaint of vessels berthed at the Newport Towers Condominium docks have and continue to encroach on our property. Attached are letters from us to the Towers Homeowners Assn. and their initial response, followed by our response to their letter. Since the last letter, I met with the Towers Dockmaster, and a member of their Board on or about June I't. It was agreed that they would rearrange the boats berthed in such a manner that we would have access to our berthing nearest the building. Since that time, I have not heard from them, and none of the boats, including the yellow sailboat that is nearly half beam encroaching on our property have been moved. At this time, I would request to file a formal complaint and request the O.C. Sherriffs Dept. to take action. We have been patient in this matter and feel we have made our position clear and have been ignored. This is our busiest time of year for diners arriving from bayside, and the inability to use our docks is frustrating, and financially damaging. Your prompt attention to this matter would be appreciated. Andy Crean Owner, Villa Nova INSPECTION FORM Harbor Resources Department Date: J I 1c)(, lnspection� Requested By: Inspector: Don Duffy Pier Address: Pier Transfer Reinspection GFI Present. Yes Need None Needed Yes Need Anti-Sipho'n / Bacldlow Present Other Comments Eelgrass Yes. No Presentl I I Pump Out Pier Location Yes No Operationall. I I Recommended Action Eficroachmenet Address of Complaining Party. Boat Description -71 1,� OLP CF Number K-4 Location on Dock Comments / Observations Other Request I W-rNT"T111 ............ I . . ........ October 29, 2004 Brent Brewer, Acting Dock Master Newport Towers Homeowners Association 3121 West Coast Hwy. Newport Beach, CA 92663 Subject: 3121 West Coast Hwy. - Multiple Berthing Action Plan Permit Number HC2004-062 Dear Mr. Brewer: I am in receipt of your letter dated October 15, 2004, regarding the issue of multiple berthing occurring at the above subject location. Your correspondence states that multiple berthing will be discontinued at this facility. We appreciate your concern for the safety of the harbor and the decision to change your business practice to comply with the National Fire Protection Association (NFPA 303). This action plan submitted is approved and required to be implemented by January 30, 2005. Please contact Nadine Morris at (949) 644-3105 if you have any questions. Thank you for your cooperation. We look forward to achieving a fire safe harbor in Newport Beach. Sincerely, Timothy Riley Fire Chief Newport Towers Homeowners Association 3121 West Coast Hwy Newport Beach, CA 92663 October 15, 2004 City of Newport Beach Fire Department Attn: Fire Chief Riley P.O. Box 1768 Newport Beach, CA 92663 Dear Chief Riley, We are in receipt of a multiple birthing violation notice for our docks located in front of Newport Towers. It is both our intention and our desire to not violate any multiple birthing codes. We made adjustments several months ago in our docking of boats to be in compliance with the code. I am unaware of the situation that may have resulted in this notice. However, I am aware that we have had incidents with non-resident boats tie up to our docks in the past in an attempt to reach street side guests. I personally caught one boat in this situation and reported it to Harbor Patrol along with notiPfing the owner that this was not allowed. I do not know if this may have been the situation that resulted in the violation or not. If possible, I would like to follow-up with the inspector to see what details were involved and to make sure that our current docking plan is in compliance with the code. Our docking plan currently allows all boats free access to the bay without the need to move another boat. I am happy to discuss this further with one of your representatives if you prefer so that we can ensure that our docks remain in good standing with the city. Thank you in advance for your time and consideration in this matter. fiBeeg rent BFWer VP, Newport Towers HOA Acting Dock Master 714-608-8626 cc: HOA Board Members CITY OF NEWPORT BEACH FINAL LETTER - COMPLETE HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660 Tom Rossmiller - 949-644-3041 Chris Miller - 949-644-3043 FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915 Nadine Morris - 949-644-3105 NEWPORT TOWERS ATTN: DAVID / SUPERINTENDENT 3121 W. COAST HIGHWAY NEWPORT BEACH, CA 92663 Dear Commercial Pier Permittee, Permit number: HC2004-062 Location : 3121 W COAST HWY Status: CLOSED 11/01/2004 ( L? --�( Z-1 This is an acknowledgement letter stating that you have successfully corrected the violations previously noted in the City report that was sent to you earlier this year. Your docks have met the minimum standards as set by The City of Newport Beach Municipal Code. Your actions will help reduce the potential for fire related injury and property damage in Newport Harbor. Please remember that it will be your responsibility to ensure that your docks maintain this level of safety in the years to come. The Harbor Resources and Fire Departments will be conducting routine inspections of your property in the future. Thank you for your compliance. Please feel free to give us a call if you should have any additional questions. CHPJS MILLER - HARBOR RESOURCES SUPERVISOR NAD17VE MORRIS - FIRE DEPARTMENT INSPECTOR Page I of2 ONO CITY OF NEWPORT BEACH FINAL LETTER - COMPLETE HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660 Tom Rossmiller - 949-644-3041 Chris Miller - 949-644-3043 FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915 Nadine Morris - 949-644-3105 NEWPORT TOWERS ATTN: DAVID / SUPERINTENDENT 3121 W. COAST HIGHWAY NEWPORT BEACH, CA 92663 DATE COMMENTS Permit number: HC2004-062 Location 3121 W COAST HWY Status: CLOSED 11/01/2004 ultiple Berthing 09/23/2004 All boats shall be readily removed in an emergency without the necessity of moving other boats. At the time of the inspection, multiple vessels were docked inside the slip. NFPA 303 Chapter 5 Section 5. 1.1 10/29/2004 Action Plan Approved. Shall be implemented by January 30, 2005. CHRIS MILLER - HARBOR RESOURCES SUPER VISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page 2 of 2 Map Output Page 1 of 1 http://www6.city.newport-beach.ca.uslservleticom.esri.esrimap.Esrimap?ServiceName=n... 01/26/2006 CITY OF NEYVPORT BEACH FIRE MARINE DEP,,,' -NTMENT RBOR PERMIT APPLICATION (Please print all information) _A_ " �Jdwe & 1. Applican�Property Ow7r) Address Telephone r I :)– I k 0"5:� �_ _3 / 12— Project Address (Street Address) Harbor Permit Number 3. New Construction Revision Maintenance Dredging 4. Fee Check No. /5p� �(;Z_ Date 5. Brief Description of Proposed Work: - bry ro t repez t', 6. Submit 8 1/2" x 11 " Drawings (3), Include: 1 . Location and dimension of proposed structure. 2. Location of bulkhead. 3. Location of property lines and lot size. 4. Location of channel markers within 200 feet of proposed project. 5. Existing ground profile, and area and profile of any dredging with elevations showing depth relative to MLLW. 6. Elevations of top and bottom of piles and bulkheads with respect to MLLW. 7. Any special conditions affecting the construction or affecting boating operations. 8. Owner Builder/Contractor Declaration/[ nsurance Information. 7. Owner -Builder Declaration must be co I ted (on erse side of this sheet) 8. Applicant's/Agent's Signature: Date: 9. Work can begin once the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach Municipal Code and subject to penalties. 10. Your permit will not be final until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection. OFFICE USE ONLY Approval in Concept. Date Approval of the City of Newport Beach Council. Date Approval of the Army Corps of Engineers Date Approval of the California Coastal Commission. Approval Date of the City's Public Works Department. Date Approval of the City's Building Department. Date Approval of County of Orange. Date Electrical and/or plumbing permit (Building Department) Date Issued. (Permit is stamped drawing) Date Site Inspection. (call 644-3043 for appointment) Date Site Re -Inspection Date Conditions: OWNER -BUILDER DECLARATION 1 hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031 d. 5, Business and Professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure. prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500). — 1, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale.) — 1, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such projects with a Contractor'(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Professional Code for this reason: Owner's Signature: Contractor: Address: 5-oo So < 747te Date: Telephone: 7,0375r -ST - License class State Board No. 5 0 0 9 c City License No. qG 0 / " "'P LICENSED CONTRACTOR'S DECLARATION r V, I hereby affirm that I am licen under pp 141s of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and r ion ode nse is in full force and effect. Contractor's Signature Date: —I—', _41-16 Cl r 0,0- N,-CWP0,,97- 6-4-4C,41 ell- ga kA �14 r ro ........ 75 "A C, q C% 0 VICIIQITY SKETCH "JawpoRr SAY, Ae SIOU-070IJ-95 OP* Ircei One C/dpno/L. &O'm ?'A 5 below A-fe,007 JaWep. JOW rC7,n5?e` 0/- fJ'='C . 101re&-i are esiableshed Yth secytan, me W,00,."c Ole. Or. I \NI POL r S 7- 7-,CAC7- -Ioa AoDgess ColvreA c ro Ar 0A 7-e 11-1.93 CITY OF NEWPOFrr BFA04 HARBOR PERMIT PERMISSION IS HEREBY GRANTINII TO COWINIM M MAINTAIN THE FACILITY 04" 001 THE � 111110IN AT THE SITE INDICATED, SUBJECT TO THE Pfll�@ OP THE HARBOR PERMIT POLICIES OF WWRIM 11150M AM ANY SPECIAL CONDITIORIS LISTED MINIM "M I ON! IS NOT TRANSFERABLE VWTHOUTTHE WrAM 100�011111 THE CITY HARBOR COORDPIWAM 01111 MY COLIM IN RIGHTS GIVEN UNDER THIS PgrAW AFS PMOANOW OW rkND THIS PERMIT MAY BE REVOKED BY THE Off COUNIX IN ACCORDANCE WITH TTU 17 OF -THE m7am am CITY H#kBOK COORDINAMIR 112 f -t-1 "7 -/ 4; -e,� .1 MIT NO. DATE oo-ZIS94- RICHARD K. SHOGREN & ASSOCIATES CONSULTING CIVIL ENGINEERS GARDEN GROVF� CA (714)636-1620 /%/, 77.G. I APPROVEP BY. DWAVM @W DATE: //go I ftvmco V MfU4,r e,111D Cj_','.f4 'Ve Akff 6// s aides) PIA&I Vl,,51,J Y4 '-'- AO " P&r.'g see Al'oreT /,0, Vree.41. aPAMOAP e0l'o rof40AV. ?11,,C 44P, QVe 1(� F7 ,U,e(, _40.- aa a em. A &ftA(Of'.� z�,7 e�e.' kvmove e,eldC-e e_0P4AeS ,4AID RM,4e,0� Aleo AR 4e=< LIPPNO OD17040,444-_4 :6 AP &ZOO ee4eA-S LI: (Nox Vyo 2' - 3, � �) I- / I& -LA MIAI erf?) (&Ae.MAIDAIK� AV&Y /I I , i tolte 44P 'T 4ISf MAe -"%C — AN "110 CAP_ a _,V 'feS Ae V MfU4,r e,111D Cj_','.f4 'Ve Akff 6// s aides) PIA&I Vl,,51,J Y4 '-'- AO " P&r.'g see Al'oreT /,0, Vree.41. aPAMOAP e0l'o ReRWR .41?."AS .4 1 1 AfSI.IeD -,0A1&rRtd1'r NO I DATE I REVISION - 124216-47 RICHARD K. SHOGREN L ASSOCIATES CONSULTING CML ENGINEERS GARDEN GROW, CA (714) 63MG20 IMM rD 'je D,":ee S1.43 A'_R41A0 P1,AA1 W--A-K 4W,54,11,10,Wx. M -,a rof40AV. ?11,,C 44P, em. A &ftA(Of'.� z�,7 e�e.' kvmove ,4AID RM,4e,0� Aleo ReRWR .41?."AS .4 1 1 AfSI.IeD -,0A1&rRtd1'r NO I DATE I REVISION - 124216-47 RICHARD K. SHOGREN L ASSOCIATES CONSULTING CML ENGINEERS GARDEN GROW, CA (714) 63MG20 IMM rD 'je D,":ee S1.43 A'_R41A0 P1,AA1 W--A-K 4W,54,11,10,Wx. M -,a e�e.' kvmove ,4AID RM,4e,0� Aleo AR LIPPNO OD17040,444-_4 :6 AP &ZOO ee4eA-S (Nox Vyo 2' - 3, � �) I- / I& -LA MIAI erf?) (&Ae.MAIDAIK� I , i tolte 44P 'T L!6 A1Wr_1.S Ceeg _,V 'feS Ae REPAIR NOTES PIL 1. Remove 1 I—se concrata to sound water i.1- Bushhaoser or sandbia:! "Po ad surf CO- &ndbI at Or viMbrush any 4 posed robar. If 2": th.87S. oaf rabar remaLng, splice with new bar. I. Remove c* at* where rust bleeds through surface, expose rob. andnncl= as In note I. 3. APPLY SLk& Armatac 110 with -tirf-bristls brush or spray A 10_'I -thick COVAring On All expo"d steel. Cure to tack- rres, 2,3 hours. Apply a second Coat at 10 sils. Allow to dry again. 4. S. Apply Sika TOP'122 r011ming manufacturer'* racomagndations. 6. _-6'00A(6fX9 /,J, Apply SikA TOP 123 following manuracturarl, rGCOAmendations. RUMOV0 All concrete. Chock with engineer before cleaning. Sandblast 7. steal and apply Sika Arestac 110 &B per not, 3. RQUOVe All looss concrete and axposs all rUstdd steal. . Sandblast ..a' and cOncr*ts- APPLY SLka Arsat-- 110 a. par nots - a. Apply3ORA cost Of Sika TOP III Over entire surface at pile Scrabble Ps- concrete surface to attain an aggregate - fractured surface vitkL a adnions, surface profile of +/' 1/16 I—b- Smturata surface with clean water. Substrate should be saturated WWr&C& dry (SOD) W, no th standing water, during Application. FAP'aM rusted handrail Posts 1-1/2 inch OCR. 40 pipe. I;- Rsplaca rusted walkvsy support posts I,L/2 Inch SCH. go 11. pipe. Sandblast to whita­eAtal fWah. Apply Sikagard 62 gray, two Costs, 10 Ails each, an per Mnufacturar's specifications. -61fe DaZI d AIO'r&. ReRWR .41?."AS .4 1 1 AfSI.IeD -,0A1&rRtd1'r NO I DATE I REVISION - 124216-47 RICHARD K. SHOGREN L ASSOCIATES CONSULTING CML ENGINEERS GARDEN GROW, CA (714) 63MG20 IMM rD 'je D,":ee S1.43 A'_R41A0 P1,AA1 W--A-K 4W,54,11,10,Wx. M -,a Cl r Nrwd',e,- de-4CAI ro 4a. arveh kjMR3q i I AIli Aj %'VA, A 0 C, vici m 17 TCH -'-r -11rry Close CAL 10roaMIA A '540 UP7 be/ow Afeary I-owdp. Zow b,cyle /0 4 -dr-/ rap.)?& a/ are ic 61.rsh�ffd Z;p =:17 u I M 61- L11/1/7 APPLICAA,IrS AIAAf—w dy 7- a4,,e, 7 -RA C7- 'Aliblesss 9UVY CaAlnm c ro Ar CITY OF NEWPORT BEA04 HARBOR PERMff PERNSSION 18 HEREW MAINTAIN THE FACKAT AT THE SITE IRNADWICATED. THE HARBOR PERWT ANY SPECIAL IS NOT TRANSFERABLE THE CIIV HARBOR RIGHTS GIVEN UNDER THIII AND THIS PERMIT MAY BE IN ACCORDANCE WMITH I VIE MY HIN!5 'WIT NO. 7 -/- 0 --'9 z ---- DAYS -�-, r. . i I - 'I - j I - , "It" .1, � I -*l !v � r - A T C LA -7- c, & , 1. pirnlit Z0-0/9944 RICHARD YL SHOGREN & ASSOCIATES CONSULTING CP*qL ENGINEERS GARDEN GROVE, CA (714)636-1620 A6 7'-';. 1 mwitovaosy- VWAVM MY DATE: / / 9 2-1 n"mw 1W.-lU1X1- =-WS7- -ZZ,�511,0VrIOAl 7YKE' 721,k�,oeS --aftum" A--E-,W,PO,er C,,57. 1 IM"A— 9 A N 1'W WUe(t4d) �-.!W AIM0 /* L11? f,110AIM'a =11-,_ lny� PIA&I V1,A'4,,1 Y4"�1�41' -SCE AllgrrS W, 11 \.ave. m 6,1 S,rX A" ,SfArIMOS 4�7 raw,mmxv,� W-1 Iniff 0A eNlo ,W,041,0 A?eAS '41,4ZOV6, 0 90 iOP10 & Aoe'V- 9F SAM110A4) Oe A, 4 9 1',c 7) o-em'j, I Alrmd ve - pro e.) J (1:000 Ailly-, 2_1 31 &I-11' Plte 44P A 1041,4W _,V LF�,T 11 j (see A/w,�,a m Ole ?Ixelfs REPAIR NOTFS 1. Remove all loose concrete to sound vat I. ftsbbammer or sandblast exposed surface. Sandblast Zi.airabrush :ny 4�P***d r4Lbdtr- If l"s than 73% of rabar remains, plice vith now bar. 2. RaftaVe concrete where rust bleeds through surface, expose rabar and clean a in no 1. 3. Apply Sika Armat: . III, wt* I Lth stiff -bristle brush or spray a 10�sil-thick Covering on all exposed steel. Cure to tack - fres, 2-3 hours. Apply a second cost at 10 Mile. Allow to dry again. 4. Apply SikA TOP*122 f011ming sanUfActurorfs recommendations. 5. APPLY Sika Top 123 following Manufacturer's recommendations. 6. Remove All concrete. Check vith engineer before cleaning. Sandblast steel and apply filka Armatec 110 as Par note 3. 7. Reso'Ve all 100" CGMW*ts and expose all rusted steel. Sandblast steel and concrete. Apply Sika Armatma 110 as per note 3. a. Apply on* cost Of Sika TOP III Over entire surface of pile caps' Scr&bbl* concrete Surface to attain an aggregate - fractured surfac* with A MILICILIMMIS surface profile of +/- 1/1, inch. Saturate surface vLth clean vatar. Substrata should be saturated surface dry (SSD) vith no st"Iding vater, during application. 9. "Place rusted handrail Posts 1-1/2 Inch SCEI. 40 pipe. 10- Replace rusted walkvay support posts 1-1/2 inch BCH. so ,'I,. 1". ;;;;;'&at to Whits-08t4l finish. Apply SLkaqard 62 gray, two coats, 10 Kils each, as per manufacturer's Specifications. h Se -e DA -11, d elle 4, A10-124,� Alaf�O.S. A 1 1 A:rSL-1,FD A7,1A'PeRA-*f' NO I DATE I REVISION . I ZVE161 7 RICHARD K. SHOGREN III, ASSOCIATES CONSULTING CIVIL ENGINEERS GARDEN GROW, CA -T-A.. _-)e. I.' — 2�.' _ I — J_ Xe-- SLAB A0,6, -41A- -IAAI !ay Lfl Oa ----a /2 - Cs", - 3 f Z- I P0 0 > CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 -q 1:0 R January 9, 1990 Anne Sabina President, Towers Owner's Association 3121 West Coast Highway Newport Beach, CA 92663 Re: Special Events Permit for Hornblower Yachts on January 26, 1990 Dear Ms. Sabina: The City of Newport Beach is proposing to issue a one time permit for Hornblower Yachts to operate a charter on January 26, 1990 from the docks directly bayward of the Arches marina. This is a one time permit application and it is my understanding that the applicant does not propose using the docks on a regular basis as a charter terminal. The Business License Department will condition the permit with the conditions that are typically put on all charters operating under Special Events. A copy of thos�e conditions are attached for your information. I understand that the charter passengers will be parking on site at Arches Marina property and will be boarding the vessel at 6:30 P.M. to tour the harbor, returning at 12 midnight. If you or members of your association have questions regarding this charter application, pleasse call me as soon as possible at 714- 644-3044. Sincerely, Tony Zelum Tidelands Administrator 3300 Newport Boulevard, Newport Beach t 12 ?0.312�1 k��/ 117'53' bv SAL 6"A A Y 33-36. Pkrj)�CT LOCATiON VICINITY SKETCH NEWPORT BAY, CALIFORNIA 0-- 3CAL9 MILES "C47/ -j Z oovw,-- Z OJ4- �v /0 Ac CP' U S /;-7,ffs T A T E �l wy fol �in I \11 .\z 10 86 S' UG TWUPEAD LiNE- PRO N - I 00 e5c�,r 117 CoYrA Aw�T-TA, r.ALlo�04--IVIA - - �4 L - N I , ri !;� ly po RT AY LIDO ROAT CLU5 6rzi CoAsT H\"�y �UL'� 2P67 NEW�QT BEACH A,.s- 54% CM OF NEWPORT BEACH CITY OF I NEWPORT BERCH LIPPER ,-3MM NEWPORT (D -? � ERY I al�N TNT "CCRIV VICINITY MRP mww MY, auFaim APPLICRN' RY "INN WEST \� PMF I LE 1 40' EAST JETTY SOUNDINGS ARE -EXPRESSED IN FEET AND DENOTE ELEVATIONS EASED ON MEAN LOWER LOW WATER. ,�(nfo -�- Lo a- IL EXISTING- NEW lw TE WORKSHEET FOR BUILDING / FIRE PERMIT APPLI RESOURCES DIV. 1919NEWPORT BEACH CITY OF NEWPORT BEACH lab _10 BUILDING DEPARTMENT IjLt:Abt VKIN I UK I T rr- 1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. -3ill Lie -s -i- (-oazT- LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT qq?-_3-zf--36s-0 2. DESCRIPTION OF WORK USE NEW F-1 ADD E] -la -n -6ahce- Z 6, (' # OF STORIES VALUATION$ s oo ALTER F -I DEMO SQ FT (NEW/ADDED/EXTG) ^I- 00%%r fr%r Ar%r%lig-mnf %011 r_r_ ____ — - Fi 3. OWNER'S NAME LAST FIRST VeLd Z -T -Moj 0- l!) - OWNER'S ADDRESS OWNER'S E-MAIL ADDRESS -0,40�;o (0- S 81),co "I CITY STATE ZIP PHONE NO. PW P_,R_aCA,-\ 7d 6 6 qq?-_3-zf--36s-0 90,P --T CA- __3 F] 4. ARCH ITECT/DESIGNER'S NAME LAST FIRST LIC. NO. 014 ARCH ITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 5. ENGINEER'S NAME LAST FIRST STATE LIC. NO. ENGINEER'S ADDRESS ENGINEER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. F] 6. CONTRACTORS NAME BUSINESS LIC. STATE LIC. S0u-Tk,-\. 94NSiA� m0e3N Szry k (f No. Class CONTRACTOR'S ADDRESS i CONTRACTOR'S E-MAIL ADDRESS 5;�4 i8o9-L6614 9)-66 ) CITY STATE ZIP (?a6 6 1 IPHONE NO. 5-- 0 3 9 OFFICE USE ONLY PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. PLAN CHECK FEE $ OCCUPANCY- GROUP PLAN CHECK ENG. FormsUdg_application b/Zf/U4 Charter Date: Vessel: In Charge: Boarding Location: MARINE CHARTER PERMIT CITY OF NEWPORT BEACH BUSINESS LICENSE DIVISION 3300 NEWPORT BOULEVARD P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 (714) 644-3141 - FAX (714) 644-3339 Times: Permit Number: Number of Passengers: Charter Company: Parking Location: THIS CHARTER PERMIT IS AUTHORIZED WITH THE FOLLOWING CONDITIONS: ,I. ALL CREW AND PASSENGERS SHALL PARK AT THE ABOVE INDICATED LOCATION ONLY. 2. NO SHUTTLE LOADING OR UNLOADING ON CITY STREETS. 3. BOARDING AND DISEMBARKING SHALL OCCUR AT THE ABOVE INDICATED LOCATION ONLY. 4. AMPLIFIED SOUND SHALL NOT BE AUDIBLE IN EXCESS OF 50 FEET FROM THE HULL. 5. AMPLIFIED SOUND, LIVE ENTERTAINMENT AND MUSIC SHALL CEASE AT 10:00 PM. 6. NO HORNS, BELLS, WHISTLES OR OTHER NOISE -MAKING DEVICES SHALL BE USED. 7. ALL TRASH AND LITTER GENERATED SHALL BE DISPOSED OF IN PRIVATE RECEPTACLES. 8. VESSEL SHALL BE OPERATED AT LEAST 100 FEET FROM ANY RESIDENCE, IN MAIN NAVIGATIONAL CHANNELS ONLY. 9. PERMITEE SHALL COMPLY WITH ALL FEDERAL, STATE, COUNTY AND CITY REQUIREMENTS -- 10. PERMIT SHALL BE ON BOARD VESSEL DURING THE OPERATION OF THE CHARTER. 11. PERMITTEE SHALL COMPLY WITH THE LAWFUL ORDER OF HARBOR DEPARTMENT. 12. NO USE OF SPOT LIGHTS FOR OTHER THAN NAVIGATIONAL PURPOSES. 13. NO SERVICING OF VESSEL IS PERMITTED AT A RESIDENTIAL LOCATION. 14. NO MUSIC OR AMPLIFIED SOUND SHALL BE AUDIBLE BEYOND THE HULL WHILE AT DOCK. I have read, understand and agree to comply with the Above listed conditions and agree to defend, indemnify, and hold harmless from and against any loss, cc bility, claim, damage or injury that is in any way related to the bareboat or certificated charter for whic this permit is granted. I also understand that aviolation of any condition in the operation of this charter, or any misrepresentation of material facts in the application shall result in the denial of future permit applications for ninety (90) days, and/or prosecution for violations of law. name printed signature LICENSE SUPERVISOR APPROVAL cc: Harbor Department date 1 137255 COAST i� Cottlat CITY OF COSTA MESA 0 vICTORIA N'z VICINITY MAP vi 's� 14 0 14 lh 34 1 G*APHIC SCALE IN MILES Tiltr DRAWING INDr_dz'x C I PUYr PLAN AISM GENERAL S I - SLAB DEM REPAIR PLAN N 2 cify OF I i I v I It S I ill 1q. a I 0 �P'k(c I f I VIIN A41 lAt U C I It OWNER THE TOWERS HOMEOWNERS ASSOCIATION 3121 W. COAST HIGHWAY 49 NEWPORT BEACH CA 92663 ENGINEERS RICHARD K. SHOGRZN & ASSOCIATES 12755 BROORHURST ST., ST9. 203 GARDEN allm, CA 92641 (714) 636-1620 DIMENSIONS DIMENSIONS SHOWN ON THE PLAXS ARE APPROXIMATE AM INTENDED To SHOW THE SCOPE OF THE WORK. CONTRACTOR 13 RKSPONSIRLS, FOR VpIFYING DIMENSIONS IN THE FIELD. PROTECTION CONTUACTOR SHALL EXERCISE CAUTION TO ASSURE THAT OF EXISTING NEIGHBORING STRUCTURES AND EXISTING FACILITIES AM FACILITIES PROTECTED FROM DAMAGE DURING CONSTRUCTION. DAMAGES BHUI BE REPAIRED BY CONTRACTOR TO OWNER'S SATISFACTION AT NO COST TO OWNER. INSPECTION INSPECTION DURING CONSTRUCTION SHALL BE BY A REGISTERED CIVIL ENGINEER AND LICENSED DEPUTY BUILDING INSPECTOR. TESTING ADEQUATE RECORDS Or ALL TESTS AND INSPECTIONS SHALL HE PROMPTLY FURNISHED TO THE ENGINEER. FINAL INSPECTION AND APPROVAL WILL BE MADE BY THE ENGINEER. STANDARD ALL MATERIALS AND WORK SHALL CONFORM To THE REQUIREMENTS SPECIFICATIONS OF "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION* (-GREEN BOOK-), 1991 EDITION OR LATER, EXCEPT AS NOTED BELOW. CONFLICTS WILL BE RESOLVED BY THE ENGINEER. 0 OA ALL MATERIALS USED SHALL BZ BY SIKA CORPORATION AS MATERIALS c 84 14 0- INDICATES SHOWN ON AREA 0 C a A Y SUBMIT ALTERNATIVES TO ENGINEER FOR APPROVAL N'z VICINITY MAP vi 's� 14 0 14 lh 34 1 G*APHIC SCALE IN MILES Tiltr DRAWING INDr_dz'x C I PUYr PLAN AISM GENERAL S I - SLAB DEM REPAIR PLAN N 2 cify OF I i I v I It S I ill 1q. a I 0 �P'k(c I f I VIIN A41 lAt U C I It OWNER THE TOWERS HOMEOWNERS ASSOCIATION 3121 W. COAST HIGHWAY NEWPORT BEACH CA 92663 ENGINEERS RICHARD K. SHOGRZN & ASSOCIATES 12755 BROORHURST ST., ST9. 203 GARDEN allm, CA 92641 (714) 636-1620 DIMENSIONS DIMENSIONS SHOWN ON THE PLAXS ARE APPROXIMATE AM INTENDED To SHOW THE SCOPE OF THE WORK. CONTRACTOR 13 RKSPONSIRLS, FOR VpIFYING DIMENSIONS IN THE FIELD. PROTECTION CONTUACTOR SHALL EXERCISE CAUTION TO ASSURE THAT OF EXISTING NEIGHBORING STRUCTURES AND EXISTING FACILITIES AM FACILITIES PROTECTED FROM DAMAGE DURING CONSTRUCTION. DAMAGES BHUI BE REPAIRED BY CONTRACTOR TO OWNER'S SATISFACTION AT NO COST TO OWNER. INSPECTION INSPECTION DURING CONSTRUCTION SHALL BE BY A REGISTERED CIVIL ENGINEER AND LICENSED DEPUTY BUILDING INSPECTOR. TESTING ADEQUATE RECORDS Or ALL TESTS AND INSPECTIONS SHALL HE PROMPTLY FURNISHED TO THE ENGINEER. FINAL INSPECTION AND APPROVAL WILL BE MADE BY THE ENGINEER. STANDARD ALL MATERIALS AND WORK SHALL CONFORM To THE REQUIREMENTS SPECIFICATIONS OF "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION* (-GREEN BOOK-), 1991 EDITION OR LATER, EXCEPT AS NOTED BELOW. CONFLICTS WILL BE RESOLVED BY THE ENGINEER. MATERIALS PATCHING ALL MATERIALS USED SHALL BZ BY SIKA CORPORATION AS MATERIALS CALLED OUT BY THE DRAWINGS. REINFORCEMENT CONFORM TO ASTM A-615 GRADE 60. BARS SHALL BE HOT -DIP GALVANIZED OR EPDXY-COATED. ALL SPLICES SHALL BE A MINIMUM OF 36" AND SECURELY TIED. ALTERNATIVES SUBMIT ALTERNATIVES TO ENGINEER FOR APPROVAL J U N 2 3 1992 j24Z141o97 RICHARD K. SHOGREN & ASSOCIATES CONSULTING CIVIL ENGINEERS GARDEN GROVE, CA (714) 636-1620 SCALE:A/dl��O APPROVED 8 DRAWN BY 0 A,7, DATE: &//7/ <?,e REVISED DRAWING NuMBER BY A/4�,_-_; , / - 4;;# ex, N Ole Id 7�> 4AIL) )6�4,4, e,6� VI)e)/ INO _r Ale t,55 A Al' 7 aA �-Zw� V- X A � /11 Z7 IJIZ)i�8 ,�,4 `_� / � d 1, Ac -7,7- ols_r, �114�kls` Qg,::�) A L94 /\/6 fl5s Mi T kA C 40S If 1-0111rlks 1. Remove all loose concrete to sound material. Bushhamer or sandblast exposed surface. Sandblast or wirebrush any exposed rebar. If less than 75% of rebar remains, splioe with new bar. 2. Remove concrete where rust bleeds through surface,, expose rebar and clean as in note 1. 3. Apply Sika Armatec 110 with stiff -bristle brush or spray 10 -mil -thick covering on all exposed steel. Cure to tack - free, 2-3 hourA. Apply a second coat at 10 mils. Allow to, dry again. 4. Apply Sika Top#122 following manufacturer's recommendations. 5. Apply Sika Top 123 following manufacturer's recommendations. 6. Remove all concrete. Check with engineer before cleaning. Sandblast steel and apply Sika Armatec 110 as per note 1.1 7. Remove all loose concreteand expose all rusted'steel. Sandblast steel and concrete. Apply Sika Armatec 110 as per note 3. a. Apply one coat of Sika Top ill over entire surface of pile caps. Scrabble concrete surface to attain an aggregate-, fractured surfacq with a minim= surface profile of +/- 1/16 inch. Saturate surface with clean water. Substrate should be saturated surface dry (SSD) with no standing water, during application. 9. Replace rusted handrail posts 1-1/2 inch SCH. 40 pipe. 10. Replace rusted walkway support posts 1-1/2 inchS(M. 90 pipe. 11. Sandblast to white -metal finish. Apply Sikagard 62 grayi-I two coats,, 10 mile each,, as per manufacturer's specifications. 3�% 2 3 1992 1 2�216_47 RICHARD K. SHOGREN & ASSOCIATES CONSULTING CIVIL ENGINEERS GARDEN GROVE, CA (714) 6364620 SCALE: APPROVED BY: DRAWN By k DATE: REVISED 1��AAI DRAWING NUMBER BY S/ WWN=EWNNW0M� I t A0,4ek- S�CP; A 01 4 ek A/�) fi5,6 Z7 IJIZ)i�8 ,�,4 `_� / � d 1, Ac -7,7- ols_r, �114�kls` Qg,::�) A L94 /\/6 fl5s Mi T kA C 40S If 1-0111rlks 1. Remove all loose concrete to sound material. Bushhamer or sandblast exposed surface. Sandblast or wirebrush any exposed rebar. If less than 75% of rebar remains, splioe with new bar. 2. Remove concrete where rust bleeds through surface,, expose rebar and clean as in note 1. 3. Apply Sika Armatec 110 with stiff -bristle brush or spray 10 -mil -thick covering on all exposed steel. Cure to tack - free, 2-3 hourA. Apply a second coat at 10 mils. Allow to, dry again. 4. Apply Sika Top#122 following manufacturer's recommendations. 5. Apply Sika Top 123 following manufacturer's recommendations. 6. Remove all concrete. Check with engineer before cleaning. Sandblast steel and apply Sika Armatec 110 as per note 1.1 7. Remove all loose concreteand expose all rusted'steel. Sandblast steel and concrete. Apply Sika Armatec 110 as per note 3. a. Apply one coat of Sika Top ill over entire surface of pile caps. Scrabble concrete surface to attain an aggregate-, fractured surfacq with a minim= surface profile of +/- 1/16 inch. Saturate surface with clean water. Substrate should be saturated surface dry (SSD) with no standing water, during application. 9. Replace rusted handrail posts 1-1/2 inch SCH. 40 pipe. 10. Replace rusted walkway support posts 1-1/2 inchS(M. 90 pipe. 11. Sandblast to white -metal finish. Apply Sikagard 62 grayi-I two coats,, 10 mile each,, as per manufacturer's specifications. 3�% 2 3 1992 1 2�216_47 RICHARD K. SHOGREN & ASSOCIATES CONSULTING CIVIL ENGINEERS GARDEN GROVE, CA (714) 6364620 SCALE: APPROVED BY: DRAWN By k DATE: REVISED 1��AAI DRAWING NUMBER BY S/ WWN=EWNNW0M� I t Z7 IJIZ)i�8 ,�,4 `_� / � d 1, Ac -7,7- ols_r, �114�kls` Qg,::�) A L94 /\/6 fl5s Mi T kA C 40S If 1-0111rlks 1. Remove all loose concrete to sound material. Bushhamer or sandblast exposed surface. Sandblast or wirebrush any exposed rebar. If less than 75% of rebar remains, splioe with new bar. 2. Remove concrete where rust bleeds through surface,, expose rebar and clean as in note 1. 3. Apply Sika Armatec 110 with stiff -bristle brush or spray 10 -mil -thick covering on all exposed steel. Cure to tack - free, 2-3 hourA. Apply a second coat at 10 mils. Allow to, dry again. 4. Apply Sika Top#122 following manufacturer's recommendations. 5. Apply Sika Top 123 following manufacturer's recommendations. 6. Remove all concrete. Check with engineer before cleaning. Sandblast steel and apply Sika Armatec 110 as per note 1.1 7. Remove all loose concreteand expose all rusted'steel. Sandblast steel and concrete. Apply Sika Armatec 110 as per note 3. a. Apply one coat of Sika Top ill over entire surface of pile caps. Scrabble concrete surface to attain an aggregate-, fractured surfacq with a minim= surface profile of +/- 1/16 inch. Saturate surface with clean water. Substrate should be saturated surface dry (SSD) with no standing water, during application. 9. Replace rusted handrail posts 1-1/2 inch SCH. 40 pipe. 10. Replace rusted walkway support posts 1-1/2 inchS(M. 90 pipe. 11. Sandblast to white -metal finish. Apply Sikagard 62 grayi-I two coats,, 10 mile each,, as per manufacturer's specifications. 3�% 2 3 1992 1 2�216_47 RICHARD K. SHOGREN & ASSOCIATES CONSULTING CIVIL ENGINEERS GARDEN GROVE, CA (714) 6364620 SCALE: APPROVED BY: DRAWN By k DATE: REVISED 1��AAI DRAWING NUMBER BY S/ WWN=EWNNW0M� I -ig& /Z f- 31 z_/ 44 U z 1PoFL11:0 "o CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY RO. BOX 1768, NEWPORT BEACH, CA 92659-1768 Harry Cossman, Esq. 14125 San Antonio Drive Norwalk, California 90650 (714) 644-3131 January 26, 1990 Re: Proposed Conversion of Towers Apartments Dear Mr. Cossman: This letter will confirm the City Councill's determination that, subject to certain conditions, the proposed conversion of the Towers Apartments to condominiums substantially complies with the provisions of Section 66424(g) and no subdivision map will be required by the City of Newport Beach. The Council's determination was consistent with, and based on, the contents of my memo dated January 17, 1990 (copy enclosed) . The decision of the Council does not constitute any express or implied warranty or representation that the proposed conversion is in fact exempt from, or in compliance with, provisions of the Subdivision Map Act. The Council's determination that no subdivision map will be required by the City is subject to compliance with the conditions described in my memo. Please contact Ray Brown at thie Newport Beach Fire Department (644-3103) todiscuss the fire alarm system and related requirements. specifications for the modification of planter and divider walls along the entrance and exit ramps should be submitted to Don Webb, the City Engineer (644-3311). Forward a draft of your revocable offer to dedicate the relocatable public access easement to this office as soon as convenient. The offer to dedicate should be suitable for recordation but I suspect it will be a long time before the city is in a position to accept the dedication. Please contact me if you have any questions or need additional information. Very -truly yours, LB ��obe't H Burnham RHB:jg City Attorney cc: Don Webb, City Engineer Ray Brown, Fire Marshal Evelyn R. Hart, City Council Tony Melum, Marine Department 3300 Newport Boulevard, Newport Beach F -9(b) CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY January 17, 1990 TO: Mayor and Members of the City Council FROM: Robert H. Burnham SUBJ: Request for Conversion of Towers Apartments to Condominiums INTRODUCTION: The Board of Directors of the Towers Apartments has asked the City to determine if a subdivision map will be required to convert to a condominium form of ownership. This memo will explain the history of the project and relevant provisions of the Subdivision Map Act. Staff is recommending the City Council determine the project is exempt from Subdivision Map Act requirements provided certain conditions are satisfied.. BACKGROUND: In 1963, the City Council and Planning Commission approved a tract map to divide the air space at 3121 West Coast Highway into an unspecified number of condominium units. The final tract map was apparently not recorded although the subdivision is reflected on the City's atlas. According to Assessor's information, a 35,560 square foot structure housing 28 individual units was constructed in 1964. In 1967, the tract. map was resubmitted and again approved by the Planning Commission and City Council. Correspondence in the file indicates the property owner then asked the City Attorney for a waiver of tract map requirements and was advised by Tully Seymour there was no legal basis for a waiver and a final subdivision map was mandatory. (See Exhibit A.) However, two and a half months later the City Attorney, after consultation with the Public Works Directorl determined the project satisfied all building and zoning code requirements and no subdivision map was necessary. (See Exhibit B.) The Department of Real Estate then - 2 - issued a "final subdivision public report" which describes the project as "community apartment" with each tenant to receive "an undivided 1/28th interest" in a long-term ground lease plus the exclusive right to occupy and use a specific apartment and garage space. DISCUSSION: As a general rule, state law requires a tentative and f inal subdivision map when a property owner proposes to divide land, or the air space . above itl into five or more parcels. Subdivision - maps are required to ensure the project is consistent with local - ordinances and to ensure the design and improvement of the - subdivision will meet the needs of the eventual residents4 The Legislature has created exceptions to the map requirement when the division of land does not implicate local ordinances or the needs of the occupants. A subdivision map is not required for the conversion of a community apartment project to condominiums if all of the following requirements are met: 1. At least 75% of the units in the.. project were occupied by record owners of the project on March 31, 1982; 2. A final or parcel map of the project was properly recordedf if the property was subdivided, as defined in §66424, after January 1, 1964, with all of the conditions of that map remaining in effect after the conversion; and 3. Certification by the local agency with jurisdiction if an ordinance provides for certification. (66412(g)GC) According to the Board of Directors, the occupancy requirement has been satisfied and the City has no certification ordinance. However, no final or parcel map was recorded even though the project was divided into 28 community apartment units in 1968. Since the division of land attendant to a community apartment project is a subdivision, the Towers Apartments request does not completely satisfy the "final or parcel map" requirement. The failure of the Towers to file a subdivision map can be traced, in part, to the City's decision that no map was required to create the community apartment. The property owner had obtained all required approvals and may have recorded appropriate maps if no waiver had been granted. Staff believes the City Council could determine the proposed conversion substantially complies with the exception requirements, and waive the need for a subdivision map, subject to compliance with certain conditions. - 3 - Conversion to condominium status is probably impossible absent a finding the project is exempt. The Council is prohibited from approving subdivision maps for projects which are inconsistent with provisions of our General Plan or Zoning Ordinance. The project is inconsistent with permitted uses and buildable area restrictions in the General Plan and exceeds the height limit specified in the Zoning Code. Any ef fort to amend the Land Use Element and Zoning Ordinance to conform with the parameters of the project would run afoul of spot zoning prohibitions and establish a bad precedent for other parcels. Conditions recommended by staff are those which would be imposed if the Project was being processed as a new subdivision and relate to the health, safety and welfare of both the occupants of the Project and the general public. First, staff recommends the installation of a new fire alarm system. The Fire Department has discussed the need for a new system with the owners and believes one is necessary to ensure adequate warning in the event of a f ire. Second, the Public Works Department recommends the property owner be required to submit an irrevocable offer to dedicate a ten foot relocatable public access easement bayward of the existing bulkhead. The exact location of the easement would be determined by the parties and no dedication would be required until the City obtains a public access easement along the Bay westerly of the Towers Apartments (Villa Nova site). Finally, the Public Works Departments is recommending removal of the planter walls and -divider walls.on the entrance and exit ramps to provide adequate sight -distance for vehicles exiting the site. The estimated cost of installing the fire alarm system and modifying exterior walls is $65,000. RECOMMENDATIONS: It is recommended that the City Council determine that conversion of the Towers Apartments to condominium form of ownership is exempt from provisions of the Subdivision Map Act, and substantially conforms to the exemptions specified in §66412(g)GC, provided that, prior to conversion: 1. A fire alarm system satisfactory to the Fire Chief is installed; 2. Planter walls and divider walls in the entrance and exit ramps are modified, to the satisfaction of the City Engineer, to provide adequate sight -distance for vehicles existing the site; and - 4 - 3. An irrevocable offer to dedicate a ten foot relocatable public access easement bayward of the existing bulkhead with the exact location to be determined, and the easement dedicated, at such time as the City obtains a public access easement bayward of the existing Villa Nova site. R6bert H. Burnham City Attorney RHB: j g -r. , jtorney at m'.,7 I � . Ajo Wilsilirc i:�e,verl,ilr Hills, californin J-0212 Thc ­owers, . - - .. 3 1 T: 1 , . !.. ; �_ r Mr T,� e, r— r— !.p I' C t7 C r X-7 C 0-D C S VD, ,I .1 Eter receiv- , ns your 3-ett-ort I Lalketl on L`L'i�? t-1--10-phoac -for the, DL -.11F --,-I of Ilcel With Mr. Otto Paszman, attorney -ain a further clzrificat�cn of tic Ssrate., to obt. 'no, I - Ic s a 1 t',-nt the that agency witlP., respect to 'q,'Our Prc, f a. f i r, a I Sub d i v L S j 11 ;7 P !I' cc" ,:al.ve the -11, 1 . .: I tl,-Le ):)-A.-Oposal to o �; e r as a con�lominlmrk, and thn',-- Dare-el ar t C -1-C C'UY's CAho,:1(. "ice U , Ilk place of a Af- in's ever, im reEporlse. tu my quesrion o -IF offer :n-- any lez?al basis uipon which th,.: -0 1 - %tic PVC -1- j-_4 a firial subdivision mar.) in corinectJ let h a t C., d PrDICC o wlltv(; :"�PasLS _!-pon "'m cou Y(YA, a(1Vi1;e X U L, rcjvs, your request thzt a in contlect,ion with thts projvCV and th"It: 01,�j ('s Parcel map be authorized tnstesd. In view of. C -le sPf'(; Ian-,_wgc coatained in Svction U-533-5,1, of thle Dusines.,3 U foa� el,rofassions Code which in subst&ncc Pr'v` UviF poses of the Subdivision Map Act the "subd; , i (.,,, EXHIBIT A . ........ ........ Hr. Herbert.- J. Stricl.:ste-in prolect, as Je,. -ed it, "ode S containing fi,,,e or more condominiums, klefined in C064 sectioij "183, -we. are of the opinion thaz & ;7 L1fjj f3j,bj, V 1 -latory requLrement in tho Case ou any Cc),Idovain projL�Ct havillf, -`�ive or more uaitii. T1 IS: vw-e c*.C, - Harvey L. Hurlburt, City 114anager jC,!,,jLjp',j 'j7. D-Z.,.Fjjjj . Mayer, Jr., ZrL10f, L I Planning Director Yotir?i truly, Tully H. sc CA!�Y mv. Rol-)ert: 'ii. Carlson 1)iviBion of Real Estate Room 8003, 1-07 So. Broadva-,l Las j*ngales, California 90"J'a Z:k 'P., e . Dear Mr. rl,arlison: 7 - L I "' . J.tly 2 , *' ;*�.. File No. 2353', JT,e Ict-,-?ers, ],jen!T) 'r, ",c n c 1, After consultation with our Ilu!)Iic '%jor!,�F, I? Jo5eph llevlin, we have determined that tt-ie 'Mailldir,�- J. which is locn!;:i�d at: %"as --oasi: knouni as The Tmers, � I les all 'Uglmay in the City of Nm -port Beach. sati.,.:F. buMing code and zoning re;-ulatimis arld tll,-At.- all nu.�Jlic C;� - idprovemnts required by our local subdivisr-'on- ordi.nance hove been completed. Tri vicv of (:he fact that no adiiLlix-nal pui)l`,�: 'mipi:o-ve- -be necessary in conncct-J'.an witl, Ll,--� prorosed ts Ii -he property, -11-'he CiZy of Neurport !-a&: L 0 1 df.L termine d that there is no need for the fili.n(­ o� zi SL1'.)d-LvJLs-.*_cn Yours =ruly' "r.".11y R. seywour TILS:mee City Attorney Mr. Herbert J. Strickstein 9300 Wilshire Boulevard, Ste. 300 Beveriy Hills, California 90212 Joseph T. Devlin, Public Works Diractor EXHIBIT B