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HomeMy WebLinkAboutM2012-0032June 7, 2012 City of Newport Beach Attn: Lisa Walters Harbor Resources Department 829 Harbor Island Drive Newport Beach, CA 92660 Re: Harbor Permit Transfer Application Dear Lisa, With regards to the request for a Harbor Permit Transfer Application and the sale of The Balboa Bay Club, please note the following: ➢ The buyer and seller involved is Balboa Bay Club, Inc. The transaction concerned the transfer of stock in the parent company, International Bay Clubs, Incorporated. ➢ The escrow has now been completed, and Balboa Bay Club, Inc. remains the applicant for all appropriate permits. Please let me know if you have any additional questions. Sincerely, Anthony W. Halfpenny Vice President & Controller V: (949) 630-4270 F: (949) 630-4262 thalfpennv(&-balboabayclub.com AWH/ce 1221 West Coast Highway, Newport Beach, CA 92663-5026 (949) 645-5000 Fax (949) 630-4265 WEB: http://www.balboabayclub.com 12-Q-1 z21 • DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 REPLY TO ATTENTION OF July 1, 2011 Regulatory Division Lisa Walters Harbor Resources Division City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92660 Dear Ms. Walters: This is in reply to your application (File No. SPL -2011 -00547 -SME) dated May 3, 2011, for a Department of the Army Permit to conduct work in navigable waters of the United States and discharge dredged or fill material into waters of the United States, in association with the 1221 West Pacific Coast Highway Balboa Bay Club Dredging Project. The proposed work would take place bayside of Pacific Coast Highway in Newport Bay .within the City of Newport Beach, Orange County, California (enclosed Figure 1). Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54 -Maintenance Dredging, Beach Nourishment, and Dock Maintenance. As long as you comply with the terms and conditions of RGP No. 54, an individual permit is not required. Specifically, you are authorized to conduct the following regulated activities: 1. Dredge up to approximately 310 cubic yards of sediment from approximately 0. 13 acre of non -wetland waters of the United States using a tractor and excavator (enclosed Figure 1); 2. Temporarily impact an approximately 0.07 acre area of non -wetland waters of the United States as sediment is moved to the discharge site (enclosed Figure 1); and 3. Discharge up to approximately 310 cubic yards of the dredged sediment below the High Tide Line onto the adjacent beach, temporarily impacting approximately 0. 12 acre of non -wetland waters of the United States (enclosed Figure 1). Furthermore, you must comply with the following non -discretionary Special Conditions: 1. This letter of verification is valid through October 23, 2011. -2- 2. A new pre -construction Caulerpa (Caulerpa taxifolia) survey shall be conducted and submitted to the Corps Regulatory Division before project -related activities commence. No work shall be conducted until a Notice to Proceed is issued by the Corps Regulatory Division. Furthermore, a new pre -construction eelgrass (Zostera marina) survey shall be conducted and submitted to the Corps Regulatory Division if project -related activities would commence after July 29, 2011. If this condition applies, no work shall be conducted until a Notice to Proceed is issued by the Corps Regulatory Division. 3. Pursuant to 36 C.F.R. Section 800.13, in the event of any discoveries during dredging of either human remains, archeological deposits, or any other type of historic property, the Permittee shall notify the Corps' Archeology Staff within twenty-four (24) hours (Steve Dibble at 213-452-3849 or John Killeen at 213-452-3861). The Permittee shall immediately suspend all work in any area(s) where potential cultural resources are discovered. The Permittee shall not resume construction in the area surrounding the potential cultural resources until the Corps Regulatory Division re -authorizes project activities, per 36 C.F.R. Section 800.13. 4. Within 45 calendar days of completion of authorized work in waters of the United States, the Permittee shall submit to the Corps Regulatory Division a post -project implementation memo indicating the date authorized impacts to waters of the United States ceased. A general permit does not grant any property rights or exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law. Thank you for participating in our regulatory program. If you have any questions, please contact Stephen Estes at 213-452-3660 or via e-mail at Stephen.M.Estes a,usace.army.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://per2.nwp.usace.army.mil/survey.html. Sincerely, Cprl `CE `� Corice J. Farrar Chief, Orange and Riverside Counties Section South Coast Branch Enclosure CITY OF NEWPORT CITY OF 7 R' roY. NEWPORT BERCH � � � BRY s -t PR�1.FIc o� ERN 'VICINITY MRP roPorrr ERI', MIFMA /1 fa f 7 ' �1„ 7 -21 OOrepv S; {e JETTY ERST PROF I LE 1" JETTY soulvDzts IRE 31V u EI.EVAiTONS BI�SE� �ZV*"VE e •rC'''ll s ie -,,5-260 -ff - U, 1 z �C r e- E7 Eelgrass within 15 - 30' of project bo r r•acosrre-S"�r /3f ��13 a c r �.No E�rass in Project area Total la�c0. o�'I�_ 6�� 37- ""' e- Signature 3_l3i 1 I lug i Iq0 Inspection. Date & Time %z�ie�f Y n.P oc 40rcr.G�2 (hr5lresfhr f� fr6(e cvmt5 w� 1 fk�QS tt/wll<wc. f -d bu.I k kerot r u t ti Wtt, �'� ,Sfivte•�ure. LSx'� �%GV2 Sq�C9 0ro-__._•, .:_ _ .,,.,- tit ,�'�'.� J ���h W\. fo.� o bea ,'„gyp .�54`l�sF,'• f, • ' • ,i. � � ., ''' ` ,, •• �. , .Q 4 j' 00 ESD V 0 WPORT BEA H RPPL ICRNT `S NAME �co� �,l� Si��.-�v11-0v3n-,5m PLAN VIEW 1. 2.31' (�, C I u JOB RDDRESS I . 1 w oDRTE aST 3 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 May 12, 201 1 Long Beach, CA 90802-4302 (562)590-5071 Mr. Chris Miller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Condition Compliance — Coastal Development Permit 5-06-117 8r Conformance with Consistency Certification CC -031-06 - DREDGING Dear Mr. Miller: Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5-06-117, and/or as evidence of conformance with Consistency Certifications CC -031-06 for the following sites in the City of Newport Beach: Applicant Site Address Beach Ocean Cumulative Eelgrass Present Comments Disposal Disposal Total* for 2011 between 15 - 30 Eelgrass Survey Qty (cu. yds) Qtyl (cu.yds) Feet of disposal Date/Expiration *; footprint?§ Caulerpa Survey Date/Ex irationtt Balboa Bay Club 1221 West Pacific Coast Highway 310 0 No Eelgrass survey 3/31/2011 (expires 7/29/2011); Caulerpa survey 3/31/2011 (expires 6/29/2011 Fred Anderson 227 East Bay Front 50 0 Yes Eelgrass survey 3/31/2011 (expires 7/29/2011); Caulerpa Follow-up Eelgrass Survq y Required — Eelgi 3ss present between 15-30 ft. of disl iosal footprint survey 3/31/2011 (expires 6/29/2011 .. .. .. Sub -total. 958 958 0 958 Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certifications CC=031-06 and the Special Conditions of Coastal Development Permit 5-06-117. Please note that the eelgrass and Caulerpa taxifolia surveys completed are only valid for a limited time period and that additional surveys must be completed and submitted to Commission staff for review if the dredging and beach nourishment events listed above do not commence prior to expiration of the initial survey. In addition, please note that this authorization shall expire on October 23. 2011 and that all authorized work must be completed prior to that date. Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -031-06 and/or conform with the terms and conditions of Coastal Development Permit 5-06-117. Any change in the projects may cause them to lose their status as consistent with CC -031-06 and/or CDP 5-06-117. This certification is based on information provided by the recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC -031-06 and/or CDP 5-06-117, is obtained. If you have any questions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200. Sincerely, Karl Schwing Supervisor, Regulation & Planning, Orange County Area Cc: Mr. Mark Delaplaine, California Coastal Commission Ms. Corice Farrar, U.S. Army Corps of Engineers * Not to Exceed 1,000 cubic yards per dredging and beach disposal event t Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event # Not to Exceed 20,000 cubic yards per year § If "Yes" then if eelgrass is present between 15-30 feet from the proposed dredge material disposal footprint (in any direction), then monitoring of the site for potential eelgrass impacts from disposal operations shall be required. All eelgrass survey/mapping efforts must be completed during the active growth phase for the vegetation (typically March through October) and shall be valid for a period of 120 days with the exception of surveys completed in August - October. A survey completed in August - October shall be valid until the resumption of active growth (i.e., March 1). 11 Caulerpa taxifolia surveys are valid for 90 days from date of survey DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES. CALIFORNIA 90053-2325 REPLY TO ATTENTION OF June 30, 2011 . Regulatory Division Lisa Walters Harbor Resources Division City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92660 SUBJECT: Determination Regarding Requirement for Department of the Army Permit Dear Ms. Walters: I am responding to your request (File No. SPL -2011 -00547 -SME) dated May 3, 2011, for clarification on whether a Department of the Army Permit is required for the 1221 West Pacific Coast Highway Balboa Bay Club Dredging Project, located within the City of Newport Beach, Orange County, California. The Corps' evaluation process for determining whether or not a Department of the Army permit is needed involves two tests. The first test determines whether or not the proposed project is located within or contains a water of the United States (i.e., it is within the Corps' geographic jurisdiction). The second test determines whether or not the proposed project includes an activity potentially regulated under Section 10 of the Rivers and Harbors Act or Section 404 of the Clean Water Act. If both tests are met, and the activities in question are located within the Corps' geographic jurisdiction, then a permit would be required. As part of our evaluation process, we have made the determination below. Geographic Jurisdiction: Based on the preliminary jurisdictional determination dated June 21, 2011, we have determined the 1221 West Pacific Coast Highway Balboa Bay Club Dredging Project site contains water(s) of the United States pursuant to 33 C.F.R. §325.9. Activity: Based on the information you have provided, we have determined the proposed work, were it to occur in navigable waters of the United States (see above, "Geographic Jurisdiction"), would involve work or structures in or affecting navigable waters and therefore, would be regulated under Section 10 of the Rivers and Harbors Act. -2— In addition, based on the information you have provided, we have determined the proposed work, were it to occur in waters of the United States (see above, "Geographic Jurisdiction'), would involve a discharge of dredged or fill material and therefore, would be regulated under Section 404 of the Clean Water Act. Requirement for a Department of the Army Permit: Based on the discussion above, we have determined your proposed project involves a regulated activity located within the geographic jurisdiction of Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act and therefore, Section 404 and 10 permits would be required from our office. If you have any questions, please contact me at 213-452-3660 or via e-mail at Stephen.M.Estesgusace. gM.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://-per2.nn.usace.army.mil/survey.html. Sincerely, Stephen M. Estes Project Manager Orange & Riverside Counties Section South Coast Branch Regulatory Division Enclosures CITY OF 1 R� roK, 9q I ---------.a NEWPORT QEitQH � LePFER UwrraLIE ) {NUAPORT -y_BRY Ar 30 r r�r � zst..a� • �T depfl, , j z VICINITY MRP PROFILE VNNW My. MIMMA 3/0 SMINGS =30' ELEVRTION n�z t �. ELEVATIONS BflA l2��e- ElEelgrass within 15 - 30' of project LL r pC re; to -'Te-SyI C)3:57 G .13 a c. r 4- ANo Ee rass in project area To ,signature 3 3i 11 loxes ilk Inspection Date & Time 1 72,���lr (hrr,�esfht {� t«(e cvm { 5 wu 1 co, rcr f-6 bL, I k tieacl� Wwl l<wH RPPLICRNT'S NAME 11 �77 SN--,2011-003n,5m PIAN VIeW1" �. I I bd C (u b JOB RDARESS � f � ,S�ivu•�u.r, LfZ► �'rp7�'p.Q or7 O bQct �,y� ar, ... .. �is � -- ;—:, ;� :�"•' _ ...�..�. RPPLICRNT'S NAME 11 �77 SN--,2011-003n,5m PIAN VIeW1" �. I I bd C (u b JOB RDARESS � f DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 REPLY TO ATTENTION OF June 30, 2011 Regulatory Division Lisa Walters Harbor Resources Division City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92660 SUBJECT: Preliminary Jurisdictional Determination Regarding Presence of Geographic Jurisdiction. Dear Ms. Walters: Reference is made to your request (File No. SPL -2011 -00547 -SME) dated May 3, 2011, for a preliminary Department of the Army jurisdictional determination (JD) for the 1221 West Pacific Coast Highway Balboa Bay Club Dredging Project site located within the City of Newport Beach, Orange County, California. As part of the evaluation process, we have made the jurisdictional determination below. As you may know, the Corps' evaluation process for determining whether or not a Department of the Army permit is needed involves two tests. If both tests are met, then a permit is required. The first test determines whether or not the proposed project is located in a water of the United States (i.e., it is within the Corps' geographic jurisdiction). The second test determines whether or not the proposed project is a regulated activity under Section 10 of the Rivers and Harbors Act or Section 404 of the Clean Water Act. As part of the evaluation process, pertaining to the first test only, we have made the jurisdictional determination below. Based on available inforination, it appears waters of the United States may be present on the 122i West Pacific Coast Highway Balboa Bay Club Dredging Project site in the approximate locations noted on the enclosed drawing. The basis for the preliminary JD can be found on the enclosed "Preliminary Jurisdictional Determination Form." Please sign and date this form and return to the issuing office within two weeks of receipt. Please note preliminary JDs are non- binding "... written indications that there may be waters of the United States, including wetlands, on a parcel .or indications of the approximate location(s) of waters of the United States or wetlands on a parcel. Preliminary JDs are advisory in nature and may not be appealed." (33 C.F.R. 331.2.). The permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved JD for this site. The option to obtain an approved JD in this instance and at this time has been declined. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the United States. -2— Please be reminded that preliminary JDs may not be'appealed through the Corps' administrative appeal process set out at 33 C.F.R. Part 331. Preliminary JDs are fully explained in Regulatory Guidance Letter 08-02, dated June 26, 2008. Further, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This determination has been conducted to identify the extent of the Corps' Rivers and Harbors Act and Clean Water Act jurisdiction on the 1221 West Pacific Coast Highway Balboa Bay Club Dredging Project site identified in your request. This determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. If you have any questions, please contact me at 213-452-3660 or via e-mail at Stephen. M.Esteskusace.qM.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://-Per2.nM.usace.qm.mil/survey.html. Sincerely, C_ Stephen M. Estes Project Manager Orange & Riverside Counties Section South Coast Branch Regulatory Division Enclosures CITY OF NEWPORT BEACH Glrr of � �-- ar rvx, q�('-----•—�..� Nr~wRORr B�IiCil ERY l"V Fm._r7o�� 7 f 30 r CEyN VICINITY MAP KWORr RRY, CklFMaR HEST 'E PROFILE = �� Mr 3l v aern CJ SO(MIIGS � � � zry . ftfC�H' ELEVATI4NS np,E t�tirP r NC -''// . 417c -5-280 1 s� �'r< - U, / 2 � C r - �•.,,.,.,. ❑ Eelgrass within 15 - 30' of project 6o rrd� A,-, 4- 45� �3 Total fi = G 3 ANo Eel_grass in project area ��_ lama o bis-�,3'rL F� ae.^e Signature 3 1 lug - - 40 �ln ection Date & Time � t7,2 �l e/- 11 �r5�jeff{1!g h ft�{e CUm{S wa 1 S�CQS CQ -L 1-d bu I k heed Wwl lcwa iJ LL l'v2rOs oc� fs s' , re l c , qac 1�'►ia`-ri H, �.7 f n 2 'a' rs,.- *' k.+�a}^�s^ r � t (- ,ss• '. `" 4'2 't4k� f / (y�/J -,--. SYIa'i liSTi�T / -/OU% ..S G1 N V` hva� fo t 7`ar.eQ G�rac�e wi f'1\ YA ESD V. 0 WPORT BEA H .( I a -�aii .5��-�vll_vv3�9�S�1J PIAN VIEW 1• RF'PI.ICANT`S NAME ��I bd� � C (u b JOB RDDRESS � �f 1 �U C�as� BRTE 3 / PRELIMINAR Y JURISDICTIONAL DETERMINATION FORM This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: District Office Los Angeles District File/ORM # SPL -2011 -00547 -SME PJD Date: Jun 21, 2011 State CA— City/County INewport Beach/Orange Name/ Lisa Walters Nearest Waterbody: Newport Bay Address of Harbor Resources Division Person City of Newport Beach Location: TRS, Requesting 829 Harbor Island Drive LatLong or UTM: 33.61519; -117.91487 ..................................... PJD Newport Beach, California 92660 ......... .. -- ......... ............. Identifv (Estimate) Amount of Waters in the Review Area: Name of Any Water Bodies Tidal: Newport Bay Non -Wetland Waters: Stream Flow: on the Site Identified as g7 linear ft 16xr0 width 0.32 acres I.......... � N/A Section 10 Waters: Non -Tidal: ......... .......- ......... ! V Office (Desk) Determination ❑ Field Determination: Date of Field Trip: din Wetlands: F77acre(s)CowarEstuarine Class: SUPPORTING DATA: Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): r! Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: IMalissubmittedonMay9,2011 r Data sheets prepared/submitted by or on behalf of the applicant/consultant. Office concurs with data sheets/delineation report. (- Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Coms ❑ Corps navigable waters' study ....... ..... ................ ._............_.......................... r U.S. Geological Survey Hydrologic Atlas: r USGS NHD data. r USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite quad name: _-_....._..__... _........ .____! r-1 USDA Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑i State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: .......................................................................... 177 100 -year Floodplain Elevation is CT Photographs: r Aerial (Name & Date : Google Earth 2011 7 Other (Name & Date): photos submitted on May 0, 2011 Previous determination(s). File no. and date of response letter: r Other information (please specify): -- — . ....... . _..... ...--- IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations Signature and Date of Regulatory Project Manager Signature and Date of Person Requesting Preliminary JD (REQUIRED) (REQUIRED, unless obtaining the signature is impracticable) EXPLANATION OF PRELIMINARY AND APPROVED JURISDICTIONAL DETERMINATIONS: 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on tine subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional detennination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "preconstruction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the pennit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (l) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting tate terms and conditions of the pennit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorizatioq and thereby agree to comply with all the terns and conditions of that permit, including whatever nritigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's . acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps pennit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any admh» strative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either ant approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual pennit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result as soon as is practicable, PRELIMINARY JURISDICTIONAL DETERMINATION FORM This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: Appendix A - Sites District Office Los Angeles District File/ORM # SPL -2011 -00547 -SME PJD Date: Jun 21, 2011 i State CA City/County Newport Beach/Orange Person Requestinq PJD Lisa Walters Notes: May 3, 2011 California Coastal Commission Attn: Karl Schwing 200 Oceangate, STE 1000 Long Beach, CA 90802-4416 Army Corps of Engineers Attn: Corice Farrar 915 Wilshire Blvd. Los Angeles, CA 90017 CITY OF NEWPORT BEACH Santa Ana Regional Water Quality Control Board Attn: Adam Fischer . 3737 Main Street, STE 500 Riverside, CA 92501-3348 HARBOR RESOURCES RE: Regional General Permit No. 54 — Dredging Application Submittals Enclosed is the recent monthly batch of dredging applications for your approval, per the California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06, the Army Corps of Engineers Permit No. 54 (File No. 200501233 -DPS) and the Regional Water Quality Control Board General Certification Permit, $77 Regional Water Board check included for each application. All of these applications have been checked for accuracy and completeness as evidenced by the attached Dredging Application City Checklist. Thank you for your time in reviewing these applications. Please do not hesitate to call if you have any questions. Site addresses included 1221 W. Pacific Coast Hwy. -Balboa Bay Club 227 E. Bay Front -Anderson Sincerely, Lisa Wafters Harbor Resources Technician (949) 644-3044 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3044 FX: (949) 723-0589 *Website: www.newportbeachca.gov/harborresources Applicant Name: HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 718-1844 Fax (949) 723-0589 www.newport-beach.ca.us/hbr DREDGING APPLICATION Project Site Address: CITY CHECKLIST cl ®, Applicant address, phone number �l Agent & Contractor name, address, phone number (if applicable) �l Project site address Assessor's parcel number Dredge site latitude and longitude I� Disposal site: ® Beach disposal latitude and longitude ❑ Ocean disposal LA -3 Q Purpose and final goal of dredging X Method of dredging. Vessel and equipment description. Vessel(s) Captain, Dredging & Disposal Inspector ® Cubic yards dredged and disposed ( must be less than 1,000 cy.) ® Area impacted (in acres) ® If beach disposal, linear feet of affected beach area ® Dredging and Disposal Operations Schedule �1 Scaled drawings (plan view and cross sectional view) © Site address ® Location within the Harbor 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 *Website: www.newport-beach.ca.us/HBR/ IV Dredging Application City Checklist Page 2 ® Location of existing dock structures Location of existing dock structures on adjacent properties Location of Bulkhead, Pierhead and Project Lines Dredge depth (limited to -7 MLLW with a 1' allowable overdraft) Photo(s) of dredge and disposal areas at low tide (including 30' buffer area) Eelgrass Survey 1SI Survey for presence of eelgrass`within 30' of the entire project area ❑ Yes M No Eelgrass within 15' of entire project area. Project not permitted. ❑ If ocean disposal and eelgrass is located greater than 15' from the project area, then no further monitoring required If beach disposal and eelgrass is not located within 30' of the project area, then no further monitoring is required ❑ If beach disposal and eelgrass is located between 15' and 30' from the project area, then pre- and post -monitoring is required ❑ Pre -monitoring survey attached ❑ Post -monitoring survey attached. Date submitted: Eelgrass Stamp ® Caulerpa Survey H Survey for Caulerpa within 30' of the entire project area ® Grain Size Analysis ® (1) sample per % acre and / or at least (1) sample at dredge site and (1) sample at beach disposal site (if applicable) ® Beach disposal: 9 Sample(s) must be at least 80% sand, or; ❑ At least 75% sand and within 10% of the sand content of the receiver beach ❑ Ocean Disposal: ❑ Sample(s) must be less than 80% sand ® Project is over (check one box): 9 City Tidelands Dredging Application City Checklist Page 3 ❑ County Tidelands (State Lands Commission Dredge Lease Approval) ❑ If applicable, check one box: ❑ The Irvine Company owner's approved area ❑ Bay Island owner's approved area ❑ Dover Shores owner's approved area ❑ Linda Isle owner's approved area Check made payable to The City of Newport Beach ® Check for $77 made payable to Santa Ana Regional Water Quality Control Board ® Signed application I Neighbor notification POST DREDGING ❑ Post Dredging Report. Date submitted: ❑ Post eelgrass monitoring (if applicable) Print Form cl< r HARBOR RESOURCES DIVISION x6-22-07 f 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 Fax (949) 723-0589 DREDGING APPLICATION Regional General Permit 54 CDP 5-06-117 & CC -031-06 Corps File No. 200501233 -DPS Water Board Consistency Permit Valid Until October 4, 2011 Applicant. Name, Address, Phone Number: ar9ti 9) 6 7S -/O 71 ..o. fox X98' .,8qJb,0CL CA ni Z6 &I 6ocL y C ifA M► 1 13 / ' q#^6 k M4t94et7-P/`.' /Ct A. 'sZI `9 q�f 1 /2a) u. -1 -Act P-'- Coa.s f //w7 �9yq) 630--yzvs J I /?Jew o/ a c C A Agent & Contractor Name, Address, Phone Number (if applicable): ar9ti 9) 6 7S -/O 71 ..o. fox X98' .,8qJb,0CL CA ni Z6 Project Site Address: Assessor's Parcel Number: Dr 7 eac k 0 9 Dredge Site: Latitude L1213,30-36.qo a Longitude (,v �r 7 °� 9'V,8 Disposal Site Beach Disposal: Latitude S.h e Longitude F Ocean Disposal (LA -3): Latitude 33'31'00" Longitude 117' 53' 30" 'ur ose and Final Goal of Dredging (Effect on Bulkhead and Beaches): Use- Bobca fj'wac H �SnlOL -P-XCaver, or duSfn beaC sea.rNd, -Pro W,- -to -p— b � 2.ti 1s ��� b ea.c � f -a �r Regional General Permit 54 Dredging Application Method of Dredging (Hydraulic, Clamshell, Tractor etc...), Vessel and Equipment Description: excfaoa. P4 o,e . Vessel(s) Captain ✓� Dredging Operations Inspector C Q Disposal Operations Inspector C Q Cubic Yards Dredged and Disposed (Must be less than 1,000 cy. total): 9/vclk. 101ts Area Impacted (in acres): If Beach Disposal Is Used, Linear Feet of Affected Beach Area: Acres p p Linear Feet Estimate of Quantity of Material Dredged From or Disposed Onto the Site From Previous Activities: �5 e ce VOLS Dredging and Disposal Operations Schedule: qrajU�1c haw Please submit the following on a separate page. Use the check boxes to ensure a complete application is filed. Incomplete applications will not be processed. I—/ Scaled drawings of the project and disposal areas (plan view and cross sectional view) F Site address F/ Location within the Harbor (Z7/ Location and physical dimensions of existing structures on subject site (e.g. float, pier, gangway, pile and bulkhead) Location and physical dimensions of existing structures on adjacent properties FV Location of Bulkhead, Pierhead and Project Lines F✓ Dredge depth (limited to -7 MLLW with a P allowable overdraft) f►% Photo(s) of entire dredge and disposal areas at low tide (including 30' buffer area), with emphasis on eelgrass Regional General Permit J4 Dredging Application Page 3 Eelgrass Survey - Completed by a Certified Eelgrass Diver A. Survey for the presence of eelgrass within 30' of the entire project area (dredge and disposal site) B. If eelgrass is within 15' of project area, then the project will not be permitted. (An Individual Permit must be sought.) C. If ocean disposal: • Any eelgrass must be located greater than 15' from project area • No further eelgrass monitoring is required D. If beach disposal: • If eelgrass is not present within 30' of the project area, then no further monitoring is required • If eelgrass is present between 15' to 30' of the disposal project area, then pre- and post -monitoring is required. See Harbor Resources website for pre - and post -monitoring requirements W\ w.newport_heac11.ca.u5/hbr I� Caulerpa Survey - Completed by a Certified Caulerpa Diver A. Survey for Caulerpa within 30' of the project area (dredge and disposal site) I—✓ Grain Size Analysis A. (1) sample per 1/4 acre and / or at least (1) sample at dredge site and (1) sample at beach disposal site (if applicable) B. If beach disposal, sample(s) must be at least 80% sand I Project is over (check one box): �✓ City Tidelands F County Tidelands (State Lands Commission Dredge Lease Approval) F If applicable, check one box: F- The Irvine Company owner's approved area F Bay Island owner's approved area Dover Shores owner's approved area / I— Linda Isle owner's approved area f ✓ Check made payable to The City of Newport Beach (See Harbor Resources website for appropriate fees) .sir° PV ( Check for $60 made payable to Santa Ana Regional Water Quality Control Board -177 Project areas at the Rhine Channel, Newport Island, Promontory Bay, the West Lido Channel or from within 1,000 feet in any direction from the 15'h Street public pier are not eligible for dredging under this Permit. Regional General Pei -mil 54 Dredging Application Page 1 I' I 1v1 A 2 j{ S /TES (Applicant / Agent), hereby certify that the information on this application is accurate and complete. I also certify that I have read the California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06, the Army Corps of Engineers Regional General Permit No. 54 (File No. 200501233 -DPS) and the California Regional Water Quality Control Board General Certification for Regional General Permit No. 54 for maintenance dredging in Newport Harbor and that I will comply with all of the conditions in those permits. I also certify that by acceptance of this Permit, the applicant acknowledges and agrees that the site may be subject to hazards from waves and erosion. I will further hold the City of Newport Beach harmless from and indemnify the City against any claim for damages arising out of the exercise of these permits. In addition, I shall reimburse the City of Newport Beach for all attorney's fees and other costs expended by them in defending any claim, lawsuit, or judgment arising out of the activities of the applicant carried on under the authority of such Permit. I understand that any work authorized must be completed by October 4, 2011 after which a new authorization is required. I also understand that the applicant will submit a Post Dredging Completion Report no later than 30 calendar days after completion of each dredging project. All work scheduled to be completed before 7:00 AM or after 6:00 PM (Monday - Saturday) or on Sundays or holidays must be approved by Harbor Resources. Per the RGP Permit, all dredging applications will be processed by the various agencies through monthly batch submittals sent to them by Harbor Resources. Therefore, all dredging applications must be submitted to and received by Harbor Resources by the 1 "Monday of every month Applications submitted prior to this deadline are encouraged and appreciated. Applicant and / or Agent Signature ate 12y-laa-i CITY OF NEWPORT BEACH CITY OF NEWPORT BERCH If�9T p,, !i� � urs J► �Uar�able., . � c Py�1.F�C 0Q SRN VICINITY MAP NNW MY, c&IFMA 11 fel/to f7` % �--- 30' ---� �r/Ph� -21 �- /ala atpl-. bo ov s� {-e JETTY PROF ! LE 1 Tr 3/V µ JETiY SOUNDINGS ARE �EVRTIONS BR � a zN R3� 's -28D s �'f — U. ! z c. r E3 Eelgrass Within 1-5 - 30' of project DG rro47r(,�fS"4-sy 07 D 9 �� - �j !3 a L r .e.. ANo Eel rass in project area Toh.(I��to. dr yw�aG�; �.3, 6�$�f—Q.37- Signature 3 31 11 I(D50 A ' ' Inspection Date & Time 7 z�,�l'e I :, kk CQ (h��yuff�1) 41 0(f ti�m i S bwc,;l W411( � � p (siYM7i'AY eLi� S �•E,�.� Li'Z�I: /%v2 SA h � i�rp wt, '�'p.Q ca � bQa. . .. ]' hvoo� A* 71ar.sQ race wi�'>` �rae�ow 0 �11 I p 14CoE �,'/.��rS}�,�-�vIl-Uv3.�9�Sn� PLAN VIEW 1" =31' RPPI I CRNT' S NRME I b r� ecr c. C ESS ! C o, as DATE MBC SAMPLE ANALYSIS SUMMARY STATION LOCATION: 1221 W. Coast Hwy, NB SAMPLE COLLECTION DATE: 3/25/2011 TEST METHOD: Sieve Analysis: Method 2 (Plumb 1981) COLLECTED BY: Intracoastal Dredging ANALYSIS START DATE: 3/28/11 A B BORROW SITE FILL SITE Total Dry Weight of Sample: 118.87 grams (g) 58.14 grams (g) Analysis Weight (Split Wt.): 84.91 g 58.14 g Visual Description: A grey fine sand with A grey fine sand with small gravel &_ shell hash smalI gravel & shell hash Fraction Fraction Fraction Fraction Weight % of Total Weight % of Total Gravel / Shell Hash Fraction: 1.97 g 2% 0.72 g 1 % >2.Omm (> -1�) #10 Sieve Sand Fraction: 82.39 g 97% 56.27 g 97% <2.Omm >0.063mm (< -1 > 4�) #230 Sieve Silt / Clay Fraction: 0.55 g 1 % 1.15 g 2% <0.063mm (< 4 �) Outline of sample collection and analysis: COLLECTION Samples collected by a hand coring device driven into a representative area of the dredge site and receiving beach. Stored in plastic containers and immediately delivered to the lab. SAMPLE PREPARATION Entire sample transferred into 1 liter glass containers, deionized water added, and mixed to desalt and disperse the sediment. The sediment is allowed to completely settle and the clear water is removed by siphoning. The sample is placed in a drying oven at 50°C and occasionally stirred until the entire sample is completely dry. The dry sample is transferred to a desiccator for cooling. The sample is disaggregated and a Riffle sediment splitter is used to evenly split the sample to reduce the quantity of material to be analyzed to an allowable retention weight for the sieves. SAMPLE ANALYSIS The dry split fraction is processed through a # 10 U.S. standard sieve to remove the gravel/shell fraction of the sample. The material retained on the sieve is weighed and value recorded. The material passing through the # 10 sieve is wet sieved through a #230 sieve to remove the silt/clay fraction. The material retained on the sieve is transferred back into the glass container and placed back into the drying oven at 50°C. The remaining sample is allowed to completely dry and the material is weighed and recorded to yield the sand fraction. The silticlay fraction is calculated by subtracting the gravel/shell and sand fractions from the total analysis weight. MBC Applied Environmental Sciences, 3000 Red Hill Avenue, Costa Mesa, CA 92626 m Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. Site Name: (common reference) Balboa Bay Club, 1221 West Pacific Coast Highway, Newport Beach. Survey Contact: 11 Mark Sites (949) 675-1071 mark1sites@yahoo.com (name, phone, e-mail) Permit Reference: ACOE Regional General Permit #54 (ACOS Permit No., CCC Permit No.) Hydrographic System: Lower Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33' 36.900 (UTM, Lat./Long., W1If54.888 datum, accuracy level, attach electronic survey area map if possible) 11 Was Eelgrass Detected: Yes, Eelgrass was found at this site. XXX No, Eelgrass was not found at this site. Description of At low tide, push sand from the toe of swim beach to +7' Permitted Work: MLLW elevation and grade beach using a bobcat tractor. (describe briefly the work to be conducted at the site under the permits identified above) Eelgrass Survey Reporting Form (April 2009) Description of Site: Depth range: (describe the physical +6.5' MLLW to —6' MLLW and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate Medium grain white silica type: Temperature: 62 F Salinity: [NA Dominant Green algae below -2' MLLW flora: Dominant Dozens of rays. fauna: Exotic None species encountered: Other site description notes: Description of Survey Survey date March 31, 2011 1050-1140 Effort: and time (please describe the period: surveys conducted including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal Above -5MLLW, 8'-10' horizontal visibility. visibility in Below -5' MLLW, < 3' visibility water: Eelgrass Survey Reporting Form (April 2009) felgrass Survey Reporting Form (April 2009) Survey type Entire project area was viewed dry at a low tide. In and addition, a SCUBA survey off shore and out to 30' methods: was performed to ensure that eelgrass was not near the project site. Survey 11 personnel: Mark Sites Survey 11 Greater than 90% density: Survey limitations: Restricted visibility below approximately -5' MLLW. Other Information: Project drawing and aerial attached. (use this space to +3' MLLW ebb tide. provide any additional information or references to attached materials such as maps, reports, etc.) felgrass Survey Reporting Form (April 2009) .:� �.,g a�{�./ f;,+.,c�, - ��•.i%�� ... I��, � ',� •' :i���;'• -,y� - �,,�`r,- '�� nP ("�P�Pcf -�.- __lul 16. CITY OF NEWPORT u- BEACH CITY OF NEWPORT BCfdG6iWpm p� l/T Q0 BAY x PRCl-FIC oC A VICINITY MRP WWMT QTY, R'UFMA -BOR1 -- - 3 im 4 4°T PROFILE V �✓ '•3 iCJ u JEM S"DINGS RRE EXPRESSED IN FEET M DENOTE ELEVATIONS a9SED ON (EAN I rvxm R �J lnnTER, b�rrotoS� �-�"�r5o �� -6.�3� r-o�6-t %�r�c\ ��.0-P*-4; 13) b2�P .0,37- •,.. ?� u:wHrwcF• .+s.nw "�-L/,..;a*w+...'.c..®,t+.w:rr-.:z�`.,�� � [' j .5�+•stic•Eurie. 2Lg2•� /%DUB- Sa«.��ro� f ' O r2 a t lea '*,'�p.o,Q PLAN VIEW 1" APPLICANT'S NAME (pct bdec (u JOB ADDRESS � � 1 Cools/ ITE_ This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: April 6, 2011 Name of bay, estuary, Lower Newport Harbor lagoon, or harbor: Specific Location Name: Balboa Bay Club, 1221 West Pacific Coast Highway, Newport Beach (address or common reference) Site Coordinates: N 33 36.900' W117 54.888' (UTM, Lat./Long., datum, accuracy level, and an electronic survey area map or hard copy of the map must be included) Survey Contact: Mark Sites (949) 675-1071 markl sites@yahoo.com (name, phone, e-mail) Personnel Conducting Same Survey (if other than above): (name, phone, e-mail) Permit Reference: ACOE Regional General Permit #54 (ACOE Permit No., RWQCB Order or Cert. No.) Is this the first or second First survey for this project? Was Caulerpa Yes, Caulerpa was found at this site and Detected?: (if Caulerpa is found, please immediately has been contacted on date. contact NOAA Fisheries or CDFG personnel identified XXX No, Caulerpa was not found at this above) site. Description of Permitted At low tide, push sand from the toe of club swim beach to +7' Work: (describe briefly the MLLW elevation and grade beach using a bobcat tractor. work to be conducted at the site under the permits identified above) Description of Site: Depth range: +6.5' MLLW to —6' MLLW (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into Substrate type: Medium grain white silica. Temperature: 62 F Salinity: NA Dominant flora: Green algae below -2' MLLW. variability, if known. Please provide units for all numerical information). Dominant fauna: Dozens of rays. Exotic species None encountered (including any other Caulerpa species): Other site None description notes: Description of Survey Survey date and March 31, 2011 1050-1140 Effort: time period: (please describe the surveys Horizontal Above -5` MLLW, 8-10' horizontal vis. conducted including type of visibility in water: Below -5' MLLW, <3' visibility. survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Survey type and methods: Entire project area was viewed dry at a low tide. In addition, a SCUBA survey was performed offshore to ensure that eelgrass was not in the project area. Describe any limitations Survey personnel: Mark Sites encountered during the survey efforts. Survey density: Greater than 90% Survey limitations: Restricted visibility below approximately -5' MLLW Other Information: (use Project drawing and aerial attached. this space to provide +3.0' MLLW ebb tide additional information or references to attached maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) Y .. • I \ \ / � i tl w a x 77 J J s tl It u i! I , //41-Ilrs�._l1 CITY OF NEWPORT OERCN zz--,� pRC1FZe oC raa 1 �alvWMT YlCIlTYNAPJETTY MDR" MY, CRLIFMR 1 qr roe, qy' -----1�1 � cUapia bit) -� s �{ 30��----� Fill 7°---.�.....: e p� �s z P ILE 1 =,30' JE►TY SO.MINGS f EXPRESSED IN FEET R40 DENOTE ELEVATIONS 11.D ON MEAN LOWER LOW 4RTER4 L- S'� Bc,D s� ('� - /U� . 12- cam. c pArrotoSti�-�� 7� 7 "(Jo�J�Gr rof6-( %area. agl�lic�: /3� ba2$�-0.37- GLas e adv' b%tk CU+�Crd. �E u Worksheet for Building Combo Permit Application Please print 3 copies f �► ��� a�W�� E,r;�nt Forrni ' City of Newport Beach - Building DepartmRARBOR RESOURCE Building (- Grading rDrainage r EIec r McGITY,QEINEWPORT RFArw 1. Project Address (Not mailing address) 1221 Coast Highway, Newport Beach, CA 92663 Tenant Name(if Applicable) Balboa Bay Club 2. Description of Work (Repair of cap to dock wall. Extg Building SFDemo Building SF �! Add/Reconstruct Bldg SF ........... Extg Gar sfDemo Garage sf Add/Reconstruct Garage sf [N/A # Units (if Residential) N/A Use Valuation $ 50,000 #Stories N/A TOTAL BLDG SF N/A Cu rd cut N/A F_ New f7l Add r! Alter r- Demo TOTAL GARAGE SF N/A Cu Yd Fill [N/A r 3. Owner's Name Last First Owner's Address Owner's E-mail Address City State �! Zip Telephone OFFICE USE ONLY ENERGY P/C FEE $ PERMIT NO. 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Q J 'w C J w CD 0 W U y W z 0 U O LIFOR1 Action DREDGING PERMIT Harbor Resources Division Address: Pier Permit #: Status Application Received Date: -7/-3 0/ d C/ Eelgrass Inspection Eelgrass No x Date: present Yes H. R. Approval to Comments: Ok �' Completed Date: Submit to Agencies ,��ies -�Jslay Sent Date: to Corps/Costal / OK from Corps Yes 91d- S 10 No OK from Coastal Yes q /-7 /v'` No Dredging Approval H. R. / Initials: G Date: Completion Report Date: /a4 Received d Comments: . PCI ST i JREDG12VG C O11 PLMON REPO1 LT The permittee shall send one (1) copy of the p rest -dredging report for each completed individual dredging project to the Corps and the CCC- docirmenti zg compliance with ;,LU general and special conditions defined in this permit T Le post dredgi -ig report shall be sent: within 45 days after completion of the complete individual dred8mg pr eject authorized in this permit The post -dredging report shall include the foltuwing information for the completed individual dredging project_ Permit Number: la -7 -- aa.l 3a,.. I3o,q ag-i C "iff Start Date: ar-as-o s Co let ion Date: Total dredged material to Beach: 85 4abse. -.181-cts. W Sea (LA3): Total acreage impacted: .03 Mode of dredging and transportation, and mF!thod .end f:re luency of disposah Hydraulic Suction transportei through a pipeline onto adjacent beach. Tag or other vessel logs documenting conte c I: with USCG MSO Long Beach before each trip to the LA -3 ocean disposal site. USCG Contact Yes _ No Form of dredged makpaL ShnTy % Cohesive Procedure and location where the disposal ba i:ge or scow n vas washed: No washing necessary. A certified report from the dredging site irs 1pector and t ie captain of any tag or other vessel used to transport and dispose of dredged :rriaterial at Ld .-3 indir i#g all general and special permit conditions were met Any violations : f the permit. Nal% be explained in dietail. AIR con permits were met X es No Post -project surveys of Eeigrass beds potent ally affected t y the dredging. Not necessary as no eelgrass was ideni;ified in dredging area. The post -dredging report shall be signed by a duty, autho rued representative of the permittee. The permittee's representative shall make th a following ce 13fication I certify under penalty of Liv that i3ris docsu ►rent and ail c ttachments were prepared under my direction or supervision in accordance with a systent desig; ed to ensure that qualified personnel propertf gather and evaluate the ruformatioai subrmtle& I ased on my inquiry of AW person or persons who manage the system, or those &Ym ly msponsi+ de for gathering the b#f nnufton, the information submitted is, to the best of my l:r.!owledge and i relief, true, accurate, ani complete. I am aware that there are sigrufrarmt perralfai: s for false information;. ixacludi possc7nWfy of fine and imprisonmentforknm!,::ngVJ0:> ft ! A7 Sionafure i !S4 eILL MA 9CA It%k. Z'd S1ES6irS6it6 ou I a"I e w 1 t a 4 S e01:60 SO 60 Uor STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 August 24, 2;004;: f (562)590-5071 Mr. Tom Rossmiller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Condition Compliance — Coastal Development Permit 5-99-282, as amended & Conformance with Consistency Certification CC -078-99 & CC -077-01 Dear Mr. Rossmiller: Commission staff have received information submitted as evidence.of compliance with Coastal Development Permit 5-99-282, as amended, and/or as evidence of conformance with Consistency Certifications CC -078-99 or CC -077-01 for the following sites in the City of Newport Beach: City Harbor Permit # Site Address Beach Disposal Qt cu -.yds) Ocean Cumulative Disposal Total$ for 2004 Qtvl cu`; ds 132-427 433 Harbor Island Drive 85, 0 133-45 45 Linda Isle 0 750 153-233 233 East Bayfront. 93 0 171-933 933 Via Lido Soud 150 0 112-411 411 Edgewater 85 0. 165-17 17 Bay, Island 125 0 129-1221 1221 West Pacific Coast 85 0 Sub -total 623 750 Year-to-date total 3108 Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certifications CC -078-99 and/or CC -077-01 and that no further federal consistency review is necessary from the Commission for the dredging componentsof the projects. In addition, the proposed beach disposal events have been reviewed and found by the Executive Director -10 be consistent with Special Conditions 1-3 and 9-12 of Coastal Development Permit 5-99-282, as amended. No;Jurther review is necessary from the Commission for the -beach disposal components of the projects. Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -078-99 and CC -077=01 and/or conform with the terms and conditions of Coastal Development Permit 5-99-282, as amended. Any change in the projects' may cause them to lose their status as consistent with CC=078-99 and CC -077-01 and/or -CDR 5-99-282, as .ame. ded. This certification is based 'on information provided by the recipient of,.this letter. If, at a_ later'date;::this information is found to be incorrect or incomplete, this letter will become invalid; and any development occurring at that time must cease until a new determination regarding conformance with CC -078-99 and CC-077=01.ond/or CDP 5-99- 282, as amended, is obtained. If you have any uestions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (41 6) 904-5200. Sincerely, Karl Schwing Supervisor, Regulation & Planning, Orange County Area Cc: Mr. Mark Delaplaine, California Coastal Commission Ms. Cori Farrar, U.S. Army Corps of Engineers Not to Exceed 500 cubic yards per dredging and beach disposal event t Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event $ Not to Exceed 20,000 cubic yards per year ST STA7F.5 OF REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS PO BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 August 30, 2004 City of Newport Beach Harbor Resources Division Attention: Tom Rossmiller PO Box 1768 Newport Beach, California 92658-8915 Dear Mr. Rossmiller: This is in reply to your recent applications for Department of the Army Permits to conduct maintenance dredging, per Regional General Permit No. 54 in Newport Bay, Newport Beach, Orange County, California. This letter authorizes maintenance dredging with beach disposal at six sites within Newport Bay (see below). USACE Base # City Site Address Volume Area (est.) Beach Ocean Harbor (Cubic Disposal Disposal Permit # Yards) 200401075-CJF 132-427 433 Harbor Island 85 2997 sf Yes - No Dr. Supratidal 200401274-CJF 153-233 233 E. Bay Front 93 1260 sf Yes - No Supratidal 200401761-CJF 165-17 17 Bay Island 125 3900 sf Yes - No Supratidal 200401762-CJF 112-411 411 Edgewater 85 2300 sf Yes - No Nearshore 200401763-CJF 171-933 933 Via Lido Soud 150 3000 sf Yes - No Supratidal 200401764-CJF 129-1221 1221 W. Pacific Coast 85 1400 sf Yes - No Hwy Supratidal Totals 623 14857 sf 623 cy 0 -2 - Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54. As long as you comply with the general permit conditions of RGP No. 54, an individual permit is not required. This letter of verification is valid until July 24, 2005, when RGP No. 54 will expire. A general permit does not grant any property rights exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law. Thank you for participating in our regulatory program. If you have any questions, please contact Corice J. Farrar of my staff at (213) 452-3296. Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch RECEIVED n South Coclst AUG 12 2004 WPO CALIFORNITATE & FEDERAL AGENCY TALC S �` 'SIb APPLICATION Permit No. Payment: 1. `�LrFo� l Check No: 3 g6� ao Cate. -7-/,'-c� /a oo4, Project Location: t LEL,Pop-T --BzA-c-H e -(r i9a1at.3 Latitude/Longitude: 4J 1/1710 S"4., 9617' Cubic Yards to be Dredged: �5 Method of Dredging: HYDRAULIC SUCTION Nature of Dredged Material (Grain size data): REPORT ENCLOSED Disposition of Dredged Material: PUMP ONTO ADJACENT BEACH Method of Material Disposition: PIPELINE Effect of Dredging on Contiguous Bulkheading and Beaches: RESTORES BEACH AND REINFORCES BULKHEAD Project Begins: Project Ends: WILL.SCHEDULE PROJECT WHEN WE RECEIVE PERMIT Page 2 Dredging Application 1, Lorenzo C. Miller ,(Applicant/Applicant's agent), hereby certify that I have read the U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal Commission permit #5-99-282 for maintenance dredging in Newport Harbor and that I will comply with all of the conditions of those permits. I will further hold the City harmless from and indemnify them against any claim for damages arising out of the exercise of these permits. In addition, I, as the applicant shall reimburse the City of Newport Beach for all attorney's fees and other costs expended by them in defending any claim, lawsuit, or judgment arising out of the activities of the applicant carried on under the authority of such permit. i3FFL_Bo(a -�?p4 (2L..(J6 Applicant — Please Print Shellmaker Inc. Contractor — Please Print ,_J 0 Date Signed: C Z�P, Z/, Shellmaker Inc. Applicant/Agent C/ r Y of /i/wopaer ge. 4CN EEL GRASS INSPECTION NO EEL GRASS WITHIN 15' OF PROJECT 'W EEL GRASS IN THE PROJECT AREA z► SIGNATURE s HARBOR RESOURCES DIV. i z�-Izl�� l� PERMIT # DATE CITY OF NEWp®RT 13EACH - ��nri� f11� T ' v o �a -• ^' � .,, A � q c'/ C !Yt O c •ta rr VICINITY SKETCH ""'X"r ••• 11 ff II Cu• 'lard9 w Nawlomr 0AY Cu 1lofLNl,► _��� ,,1/ ••'/ v �dOcej/� i1� Sound,ags ore VA"GAressed in reei and denote dep30.4 below "eon Lower Cow 1Vb/ir. Mora..c�w ran of IidLGp/ruKi*woiw/r /O /ire Na✓bor �iqt: 9,e z✓ ars a:iob/i'shesec/.ow ofNtw'wrf doh: 55'-70 72• /115'-3 0/8' 2'-7 1R' 178 o' 3 Fi 5'x36' � C 1 iN"1 117 a X i<.IB• x a'.7• HARBORMASTER �- BUILOING FLOAT $ �,k REMOVABLE FLOAT 7'.I, z9' B'-0' 8'•0' 8'•0' B'-0' B'-0' B' -G- 8C" d., , $S11.IM FFLLOAT 0A.141 — 29'-2' 5'-0- Z6'-0' -/1#,- B'.,0 a f. 9' 0' Finger % Localiona (lo Convele 77'•4 1/4" 77'•2" 77'-0' 74'-0" 7:-0' 7:'-0" Eaga( I 5T-9- I L EEL GRASS INSPECTION NO EEL GRASS WITHIN 15' OF PROJECT 'W EEL GRASS IN THE PROJECT AREA z► SIGNATURE s HARBOR RESOURCES DIV. i z�-Izl�� l� PERMIT # DATE CITY OF NEWp®RT 13EACH - ��nri� f11� T ' DAVID H. LEE & ASSOCIATES, Cm GEOTECHNICAL ENGINEERING ENGINEERING GEOLOGY Ms. Lisa Miller SHELLMAKER, INC. 2035-F Placentia Avenue ::osta Mesa, CA 92627 July 26, 2004 Our Project K04.111.00 SUBJECT: Phi Grain Size Test Results for the Soil Samples Obtained from the Balboa Bay Club located at 1221 W. Coast Highway, Newport Beach, California 92663. Dear Ms. Miller: ?resented herewith are the results of our phi grain size analyses performed on he soil samples provided to us by your firm. The test procedures were in accordance with ASTM D 422-63 (1998) and U.S. Army Corps of Engineers Zeport Number CETA 79-7 criteria. ?lease do not hesitate to call if you have any questions after you have reviewed he attached data. Zespectfully submitted, )avid H. Lee seotechnical En P (L n Karen E. Geraci, PE Project Engineer attachments: Plates 1.1-1.2 -- Grain Size Summary Plates 2.1-2.2 -- Cumulative Grain Size Distribution PHI Units distribution: Addressee (1) ,DHLASRL'\S,,,DATA\PROJECTS\&04.111.00\KO?71100—PHI_GS L.elr,,:dor Sieve Opening Particle Diameter in U.S. Standard % Material Cumulative Percent (mm) Phi Units Sieve Size Retained by Weight Retained ----------------------------------------------------------- 38.1 -5.25 11 /2" 0 0.0 19 -4.25 3/4" 0 0.0 Gravel 9.5 -3.25 3/8' 3.9 3.9 4.75 -2.25 4 0.6 4.5 2.83 -1.50 7 0.5 5.1 2 -1.00 10 0.7 5.8 ----------------------------------------------------------- 1.41 -0.50 14 1.9 7.7 1 0.00 18 4.3 11.9 0.71 0.50 25 6 18.0 0.5 1.00 35 11.1 29.0 0.35 1.50 45 13.2 42.2 Sand 0.25 2.00 60 22 64.2 0.177 2.50 80 18.6 82.8 0.125 3.00 120 10.8 93.5 0.088 3.50 170 3.9 97.4 0.075 3.75 200 0.7 98.1 0.063 4.00 230 0.5 98.5 ----------------------------------------------------------- Silt-Clay <0.063 <4.00 <230 1.5 100 A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by Shellmaker. The sample consists of a POORLY GRADED SAND (SP): olive (5Y 4/3); moist; fine to medium, trace of shell fragments. The sample was obtained from the Balboa Bay Club, 1221 West Coast Hwy, Newport Beach, California at a depth of -5.0 feet to -7.5 feet MLLW. ■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■ muu►nr m■. ■■■■■r.■■ra■n . PHI GRAIN SUMMARY Sieve Opening Particle Diameter in U.S. Standard % Material Cumulative Percent (mm) Phi Units Sieve Size Retained by Weight Retained -------------- --------5.25 --- - 11/2" 0 0.0 19 -4.25 3/4" 0 0.0 Gravel 9.5 -3.25 3/8" 0 0.0 4.75 -2.25 4 0 0.0 2.83 -1.50 7 0.5 0.5 2 -1.00 10 1.3 1.8 ----------------------------------------------------------- 1.41 -0.50 14 4.3 6.1 1 0.00 18 9 15.1 0.71 0.50 25 11.8 27.0 0.5 1.00 35 16.6 43.6 0.35 1.50 45 14.3 57.9 Sand 0.25 2.00 60 18.3 76.2 0.177 2.50 80 12.1 88.3 0.125 3.00 120 5.5 93.8 0.088 3.50 170 2.1 95.9 0.075 3.75 200 0.5 96.4 0.063 4.00 230 0.5 96.9 --- ---- Silt-Clay <0.063 ---- <4.00 <230 3.1 100 A sample was provided to David H. Lee 81 Associates, Incorporated in a sample bag by Shellmaker. The sample consists of a POORLY GRADED SAND (SP): pale olive (5Y 6/3); humid; fine to medium, trace of fine gravel. The sample was obtained from the Balboa Bay Club, 1221 West Coast Hwy, Newport Beach, California at a depth of +4.0 feet to +1.5 feet MLLW. ■■■■■■■r.■r■■■■ ■■■■■r.■■ru■■■ .. vid H. Lee & Associates, Inc. PHI GRAIN SIZE SUMMARY ■■■■.a■■■.■■■■■ 111 Moulton Parkway, Suite D-1 I Nor-AInINSE ■■■■■■■111■1111 Laguna Hills, CA 92653 unm■■n 0MI ■■■■■■■■■■■■■■■ PA I F • • 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 ----------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- ......................................................................................... 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IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�i111111111111111111111111111111111111111111111111111111111 111111111111111111111111111111/1111111111111111111111111111111111111111111111111111111111 tttttttttttttttttttttttttttt►,�ttttttttttttttttttttttttttttttttttttttttttttttttttttttttttt Illllllllllllllllllllllllllilllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll ----------------------------------------------------------------------------------------- :::...................................................................................... ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttt ----------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- ■■■tttttttt■t■t■tttttttttttttt■t■■■t■■t■.■.■■■■■■tt■■■■t■■t■■■tt■■■■■■■■■ttttt■t■■■■■t■■t 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Caulerpa Survey Reporting Form (Version 1.0, September 18, 2001) This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Site Name: (common reference) 4 0. Contact: !Survey (name, phone, e-mail) 0. S 6 7 Permit Reference: (ACOE Permit No., RWQCB Order or Cert. No.) ACv G Hydrographic System: (bay, estuary, lagoon, or harbor) Specific Location: (UTK Lat./Long., datum, c accuracy level, attach electronic survey area map if /J7 d �5 q , 86 possible) as Caulerpa Yes, Caulerpa was found at this site and Caulerpa is found, please has been contacted on date. [Detected: mediately contact themitting agency projectNo ff and NMFS or CDFG Cauler a was not found at this site. psonnel identified above) Description of Permitted Work: (describe briefly the work to /J /� be conducted at the site , V �- / r en V�l� k v�(iC e2. k.QG.�iC w4 l under the permits identified above) Description of Site: Depth range: � � �� � L (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type:S' Temperature: Salinity.: ominant ora: ominant auna: xotic species encountered: Other site description notes: ti Description of Survey Survey date Effort: and time jL ne— ,3 ; 00 ( j (please describe the surveys period: conducted including type of L% 3 0 2 S survey (SCUBA, remote video, etc.) and survey I employed, date of work, and survey density (estimated percentage of the bottom-actually viewed). Describe any limitations encountered during the survey efforts. orizontal visibility in water. Survey type and methods: S �Lu b — s W-Oerli � /0 /�j,� I� C., f IL-e 2 n , CL A(- v l -OkJ G' /G� ct. 2 zc,- r2 d nom. Ptj s u /2 A c-Q CPA- 2 &4 via Survey Nl L ersonnel:`i 2 Survey density: j 90 Survey Caulerpa Survey Reporting Form (version 1.0, 9/18/01) limitations: Other Information: ) 1 e (use this space to provide ( / any additional information or references to attached materials such as maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.0, 9/18/01) Eelgrass Survey Reporting Form (Version 1.0, June 20, 2003) This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). * Required Information Site Name: (common reference) Survey Contact: (name, phone, e-mail) { q v Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: (bay, estuary, lagoon, or harbor) �Z Q Specific Location: (UTK Lat./Long., datum, 3 � accuracy level, attach electronic survey area map if LO possible) as Eelgrass * Yes, Eelgrass was found at this site. tected: * is No, Eelgrass was not found at this site. scription of rmitted Work: [[ab (describe -briefly the work to conducted at the site er the permits identified 1 ve) Q I fI l e,4_ Q ✓LC_ /1 1 Description of Site: Depth range: (describe the physical and conditions within the survey area at the time of the survey and provide insight-into "vaiiability, if known. Please provide units for all numerical information). L _ to /SGL u)biological Substrate IE type a vt u Temperature: Salinity: Dominant ora: Dominant fauna: Exotic species encountered: -- - - Other site description notes: Description of Survey Survey date�l Effort: and time 2 D o / ' `� (please describe the surveys eriod: conducted including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. /, % 30A& Eelgrass Survey Reporting Form (version 1.0, 6/20/03) 3 Horizontal visibility in i water: Survey type * 66L and methods: CIA j7.P2� U PwaC F20w-1 syrlZ tic 2 ,dtCA.KSP- O eX 2p��07a f` y Survey personnel: * Mao, k Si les Suryey I F �0v : density_. Survey - - limitations: Other Information: (use this space to provide i f Z , (f'j�G L G(% / /Ae (s 1Q c /9 any additional information or references to attached materials such as maps, reports, etc.) Eelgrass Survey Reporting Form (version 1.0, 6/20/03) 3 CITY OF NEWPORT BEACH A. 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 BALBOA BAY CLUB ATTN: BOB WILSON 1221 W. COAST HIGHWAY NEWPORT BEACH, CA 92663 Dear Commercial Pier Permittee, Permit number: HC2004-023 Location : 1221 W COAST HWY Status: CLOSED 10/22/2004 IZq" IZz I This is an acknowledgement letter stating that you have successfully corrected the violations previously noted in the City report that was sent to you earlier this year. Your docks have met the minimum standards as set by The City of Newport Beach Municipal Code. Your actions will help reduce the potential for fire related injury and property damage in Newport Harbor. Please remember that it will be your responsibility to ensure that your docks maintain this level of safety in the years to come. The Harbor Resources and Fire Departments will be conducting routine inspections of your property in the future. Thank you for your compliance. Please feel free to give us a call if you should have any additional questions. INSPECTION DATE COMMENTS CHRIS MILLER - HARBOR RESOURCES SUPERVISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page I of 1 &J ill , I)pt n O c, m �a mz c� O O Am= V) ; IP to z 0 LC b000 C a ;p v, to .403 t+o r aoz 00 zD mz O�D C June 15, 1998 Henry Schielein Balboa Bay Club 1221 West Coast Highway Newport Beach, Ca 92663 Dear Mr. Schielein: I have written to you in the past regarding the fact that the public vessel pumpout station that is maintained by the Bay Club has been non -operational for an inordinate amount of time. Compounding that was the berthing of vessels at that station by the Club. The City of Newport Beach Municipal Code, (Chapter 17.30) requires maintenance of the station in good condition and repairs at all time. This has not happened at your facility. I have attempted to work with your previous maintenance supervisor, Jirka Batlik, and had a lot of promises but no action to correct this situation. This is notice that unless the pump is operational by June 19, 1998, an Administrative Citation will be issued to the Balboa Bay Club. If you require additional information in regards to this situation, please call me at 644-3043. Sincerely, �//O al�� e Wes Armand Marine Environmental Management October 1, 1999 Henry Schielein Balboa Bay Club 1221 West Coast Highway Newport Beach, Ca 92663 Re: violation Dear Mr. Schielein: The Fire and Marine Department has advised the Club on several occasions to keep that section of your facility dedicated as the public pumpout station available to the public 24 hours each day. The reoccurring problem has been the berthing of a vessel at the pump so that the vessel either prohibits or restricts the availability of the pump station. The past few days there has been a vessel berthed at the station that block all access to the pump. Before that the vessel was berthed so to restrict the access to only small boats. As mentioned this situation has been ongoing and chronic. Therefore, this department has no alternative but to issue a citation and will continue to issue citations for each occurrence in the future. Please advise your Marina Manager to correct this situation. If he needs to speak to someone in regards to this matter, please call 644-3043. Sincerely, eh �A Wes Armand Harbor Inspector. ZN PORT BEACH FIRE AND MARINE DEPARTMENTEW AV April 23, 1997 >15 Henry Schielein President, Balboa Bay Club 1221 West Coast Highway Newport Beach, Ca 92663 Re: Public pun -pout station Dear Mr. Schielein: The City of Newport Beach has received complaints regarding the down time of your pumpout station and the fact that the Club is using this facility dedicated for public use, to berth a vessel, making it unavailable to the boating public. The City checks the status of these pumps weekly, and this pump has had a history of being out of order. Recently, this office sent a letter to you regarding the California Department of Boating and Waterways grants for renovation or replacement of vessel pun -pout station (attached). Please consider the merits of this program as it will reimburse recipients for up to 75% of the installed replacement cost or renovation of the pump, including associated plumping costs. The City would be available to assist in the application process. Your chances of approval are very good. This program ends in 1998. Please call 644-3043 if you require additional information in this regards. Sincerely Wes Armand Harbor Inspector cc: Tim Riley Tony Melum w ��9( NEWPORT BEACH FIRE AND MARINE DEPARTMENT Timothy Riley Fire and Marine Chief ` March 13, 1997 3300 Newport Blvd. Commercial Harbor Permittee P. O.'Box 1768 ewport Bead -4 CA.92658-8915 Re: Federal grant money Dear Sir: This is last call from the Department of Boating and Waterways to any harbor permittee who wants money to install a vessel pumpout station in his facility. This money will cover total construction cost including all installation work or for an existing pump one may apply for maintenance and renovation funds. The Department is eager to receive applicantions frm facilities in Newport Harbor so everyone has an excellent chance the application will be approved. The Grant will reimburse recipients for up to 75% of the installed cost of the station. This includes the cost of new equipment, or the renovation of existing equipment, as well as necessary pumps, piping, lift stations, on-site holding tanks, pier or dock modifications, signs, permits and other miscellaneous equipment needed for a complete and efficient station. If you currently have a pump, and are dissatisfied with the performance, there is a new pump on the market worth considering. It is driven bar a three horsepower 110 volt electric motor which achieve an absolute vacuum allowinv horizontal suction of 1,000 feet or more, and vertical suction lift of 29 feet. It is w presently in use locally and performing well. Call the Marine Division for more information. This is a wonderful opportunity to upgrade or install a new pump. Contact Kevin Atkinson, at the Department of Boating and Waterways, 916-322-1804, and request an application. It's simple to do and easy to fill out. If one requires assistance in fillinV out the application, call Wes Armand at the Marine Division, 644-304.3 for help. This program ends in 1998. Sincerely, Wes Armand, Fire and Marine Department / r .iirr.it � June 25, 1993 Dear Marina Tenants, It has become necessary to advise all our boat owners about several compiair',Ls I have received regarding boats in The BBC marina discharging waste and/or fuel and oil into the harbor. I realize that all of you, as responsible boat owners, are as concerned as everyone else about keeping our harbor clean and pollution free. I would like to make some suggestions that might prevent any accidents in the future. If you do not have your vessel professionally maintained, please check as often as possible for any oil or fuel leaks. As you well know, the automatic bilge pump will be discharging into the bay, any leaking oil or fuel along with the water in the bilge. Also, check your holding tank for any leaks and make sure a-1-1 your over -board valves are closed. If you have a full time captain or a maintenance service, please have them check the fuel, oil, and waste systems. I hope by making all of you aware of this problem we can get it eliminated right away, not only to be good citizens and neighbors, but also to avoid any legal problems. When contacted by the Newport Beach Marine Department about the complaints, I assured them we will be in compliance with all local, state, and federal laws in the future. If you have any questions, comments, or suggestions, please let me know. Our Bay Club marina tenants have always been considered among the best in the harbor because of a well-deserved reputation as conscientious and responsible vessel owners. Thank you, Bob Wilson Dockmaster BW:neh cc Mike Stanko Wes Armand,. Marine Departmert:; 1221 West Coast Highway, Newport Beach, California 92663 (714) 645-5000 �EVCI PO ° CITY OF NEWPORT BEACH U - Z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 e. c 141 FOR\V1N June 24, 1993 Mike Stanko The Balboa Bay Club 1221 West Coast Highway Newport Beach, Ca. 92663 Dear Mike: , Thank you for taking the time to discuss with me your commitment to do all that is within the authority of your position at the Bay Club to protect the quality of the water at the club. There has been some concern, expressed by citizens to this department, that the large vessels berthed at both sides of the bathing beach put swimmers are at a greater risk since these vessels could discharge the contents of their holding tanks into the surrounding water. Compounding this concern was a report of such an incident on June 10, 1093, at the BaY club. The alleged incident was witnessed by a guest of the club and reported at the Water Quality Citizens Advisory Committee that same day. On June 23, 1993, another guest at the club witnessed what he believed to be another such incident within the club's marina and reported this to the Marine Department. Today, Bobby Wilson, Balboa Bay Club Dockmaster, has also contacted me to confirm that a letter directed to all your marina tenants will go out this week reminding them of the importance to practice proper maintenance procedures. Please feel free to contact me at any time if there is a need to discuss this further. Sincerely, - &7 orl incerely,&7,n r Wes Armand Harbor Inspector cc: Dave Harshbarger 3300 Newport Boulevard, Newport Beach http://Www6.city.newport-beach.ca.uslservlet/com.esri.esrimap.Esrimap?ServiceName=nb info&ClientVersion=3.1&Form=T... 04/18/2003 d �I�IINII�II�II�II� u!! 4!!u!!u'!!ull-.'!!9 WNW snon-.nr Q 0LLJ 3 O Y wu-u u� UUU�.J�J�JUU�Ji �nnnnnnnnn�� uuuuuuuuM�- ❑ (i fl9 TI Al ZI IN 1 o 6 _l a W N- I I I m U -0, I Im "� m m m � 1' O U N �• � � X 3 I m d CITY OF NEWPORT BERCI CITY OF A - NEWPORT BERCH I WEST LECORT A N BRY BRY OC Par -RN 1 W VICINITY MRP � 0:6711 PROFILE V = 40' x'01 JETTY SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. EELGRASS INSPECTION Overlay Laywl wish Proposed New Gangway Configuralion NO EEL GRASS WITHIN 15' OF PROJECT EEL GRASS IN�fE PROJEC AREA j %® G HARBOR /ES URCES DIV. SIGNAT RE CITY OF N MORT BEACH 2 �2 PERMIT # IDATE //�IIPLAN V I EW 1' RPPL I CANT' S NAME JOB ADDRESS /21/ C{%S SC" Nu/y DATE 3 / $ d v ��,5-7 2°0 / O O oWg Z X07 N Eo m m E 0 C3 0 m � ou. ° ffi SEss z a=21Qi 6�Egw Ei3 6w0 , va ,spun Z O O oWg Z X07 N Eo m m E 0 C3 0 m � ou. z _ 6w0 , va ,spun Z w pjeogaajA O J z J ..L�„SL z N Q Q a M .— N M M .— M J I� X w It IJ O LL: - — — C6 — ai 7 aa Lp U W L r _. ~ — 311 — — � N w w co F N ❑w ca U \ .N n II 4N3 196 �N/ vM s` w o .ZE Q ¢� ¢Q �� 3:* O- m U a W cc LU O� °° M °° N I x 3x 3 i�0 Oo.� , Z 0 LL ` W x w W x w Ox - I I wy0 w”-jOaLLI Q 11 W U LY I EO z�- �Z- - S U - ii w W � Co� Od co ry II LL's. W Y�g2 W I�LL II II N u 11 } J w 9@ B * O N �° II JQ: w </0 d ti ... Z 0 O OO aQ I i ❑ U = I 00 ;zr N m I I L -Mzz til J m * I U d on LL< O W Uj Z I x N O ¢ I X i W I ZWQ O O V I * ii mal- rn N I 1-3 aza W �a LL 60 o� 1 Z C7 Q io ¢ y fff Mw a W LU m?� 1 WU ¢ a y ❑ op ao O W zw m 0 F, W ❑ N NW Q . o= O i m NO W bo i Alu0 , pVO _ ¢ Z ZDpjeoqeogea�j j l LL OO x x LO lw N O I 00w * I .,9 j - LL d J E N I I II a. W W Q O m z0 BO i BP I II W O Z ry li II U LL ¢ O p j See E.,.arged View A e See Enlarged View 1a FLOAT LJ x 98' O 98' 98' 98' 98' 88' co 90 264' 90' 1 5'x 4Z I New Concrete i 6' x 18' Gangway ' Gangway Platform 41 ' ; RAMP FLOAT 25'X 25' HARBORMASTER 294' (5'-6"x5'-6") 1 BUILDING FLOAT 96' BEACH I I I I l 5'x 36r i 1 20' 10' I Gan wa 9 Y _.._.._._..—_.._._.._.._.._.._.._..-.--•------.._.�.. � rn I N l 7'-41/8" Overall 20' X 26 F- O - FLOAT LJ x 98' O 98' 98' 98' 98' 88' co 90 264' 90' 1 90' 98'X 25' El 49'± 1 1 24'_8"± 26•_8"+ 26'_8"± 26'-8"± 98'X 27' 6 588' 98'X 30' 25'X 25' HARBORMASTER 294' 96' BUILDING FLOAT 96' TOTALS REMOVABLE 1528' FLOAT 8' X 10' 21 20' 10' 8' 0-il /2" X 96' 7'-41/8" Overall c _ 5-118"x 13-1/2" 5'-11 1/2" . GLU-LAM WALER (Concrete) 3/4" H.D.G. THRU RODS _._.._.. ._. (Two Rows- Typ.) _IL .. 3-1/8' x 13-112' J GLU-LAM WALER SOLID POLYSTYRENE CORE (TYP.) TYP. FINGER SECTION NOT TO SCALE Floats are calculated to support a live load of 4.75 pounds per square foot of deck area per inch of freeboard loss. 8'0-1/2" X 380' 98' 98' 98' 29'-8"± 29,_811+ 29'-8"± ------------- -556' New Concrete Gangway Platform #2 (6'-0 x 8'-3') I EXISTING BULKHEAD SLIP MIX LENGTH TOTAL NO.1 LINEAL FT. 88' 3 264' 90' 1 90' 98'X 25' 2 196' 98'X 27' 6 588' 98'X 30' 3 294' 96' 1 96' TOTALS 16 1528' TYP. FINGER SECTION NOT TO SCALE Floats are calculated to support a live load of 4.75 pounds per square foot of deck area per inch of freeboard loss. 8'0-1/2" X 380' 98' 98' 98' 29'-8"± 29,_811+ 29'-8"± ------------- -556' New Concrete Gangway Platform #2 (6'-0 x 8'-3') I EXISTING BULKHEAD • = NEW EPDXY COATED STEEL PILE 14"o x 3/8" wall, 34' long EEL GRASS INSPECTION (10 REQ'D) - o ❑ O EEL GRASS WITHIN 15' OF PROJECT -Ho J EEL GRASS IN THE PROJ T AREA O =NEW EPDXY COATED STEEL PILE _. 0 18"o x 1 /2" wall, 46' long d' /- (15 REQ'D) f ' See 1agA f INA RE " J. 29 221 �'16W. R IT F AT �JI,32x•-� 8'-0-1/2" Overall Q I 6'-11 1/2" • EXISTING OVERHANG 2x10 COVERBOARD (Concrete). 3/4" H.D.G. THRU RODS 21 8' 0-il /2" X 96' ( c _ i . ..___.._._...._._._—.._...._. _._.._.. ._. _.._.._._..__ .. _.._.._.._.._ _...._.._.._..__ _..____..1 U.S. BULKHEAD LINE I DBL. 3x10 J W I WALERS SOLID POLYSTYRENE F-• i CORE (TYP.) 0 i 98' 98' _ 981_ 88' 88' 88' W � I i'-8"± 26'-8e± 24'-8"± 24' 8"- 24' _i i _.._.._.._.._.._.._._..___.._.._.._.._.._.._.._.__.._.._.._.._.._.._.._.._.._._.._.._._..___.._._.._.._.._..,._.._.. ini ! U.S. PIERHEAD LINE • = NEW EPDXY COATED STEEL PILE 14"o x 3/8" wall, 34' long EEL GRASS INSPECTION (10 REQ'D) - o ❑ O EEL GRASS WITHIN 15' OF PROJECT -Ho J EEL GRASS IN THE PROJ T AREA O =NEW EPDXY COATED STEEL PILE _. 0 18"o x 1 /2" wall, 46' long d' /- (15 REQ'D) f ' See 1agA f INA RE " J. 29 221 �'16W. R IT F AT �JI,32x•-� 16,085 TOTAL CONCRETE FLOAT SQ. FT. NOTE: THIS DRAWING DERIVED FROM INCOMPLETE INFORMATION. ALL INFORMATION ON THIS DRAWING TO BE VERIFIED BY OWNER. TYP. MAINWALK SECTION NOT TO SCALE Floats are calculated to support a live load of 4.75 pounds per square foot of deck area per inch of freeboard loss. Bellingham e Jnn�wdr� hwiK Nld M�MIIj'rflf s�JdMts [UN,0111MT wdiYn trrirr� ll�0ie��inir This draveng contains proprietary nfonnaion winch is the property of Beingham Mame Industries, Inc., and shall not be copied, reproduced or made available to Nrd paries with- out pw-iden per rdwion from Bellingham Marine Industries, Inc. UNIFLOATO, UNIDECKO and UNISTACK® are registered tradamarks of Bellingham Marine ndusbies, Inc. ® Sellingnam Marine Industries, Inc. BALBOA BAY CLUB Overall Dock Layout ECES All— Iyn South Revisions: - MAY 12002 CALIFORNIA AsTAL COMMIS Drawn by: D. DeCaro Scale: NONE Date: 4-16-02 Sheet 1 Of M 9 EAG RCES DIV. OF NEMPORT BEACH 3 uth Coa t Dis c AP PRO��' �J v P rmit Nom'_ _. � ••• .r. Date: ---- --- -^ ----- 8'-0-1/2" Overall 6'-11 1/2" 2x10 COVERBOARD (Concrete). 3/4" H.D.G. THRU RODS 21 (Single Row- Typ.) —' ( c _ EO FULL RODS- ALL HOLES l / -Ho oo 13 0 m m` DBL. 3x10 J WALERS SOLID POLYSTYRENE CORE (TYP.) 16,085 TOTAL CONCRETE FLOAT SQ. FT. NOTE: THIS DRAWING DERIVED FROM INCOMPLETE INFORMATION. ALL INFORMATION ON THIS DRAWING TO BE VERIFIED BY OWNER. TYP. MAINWALK SECTION NOT TO SCALE Floats are calculated to support a live load of 4.75 pounds per square foot of deck area per inch of freeboard loss. Bellingham e Jnn�wdr� hwiK Nld M�MIIj'rflf s�JdMts [UN,0111MT wdiYn trrirr� ll�0ie��inir This draveng contains proprietary nfonnaion winch is the property of Beingham Mame Industries, Inc., and shall not be copied, reproduced or made available to Nrd paries with- out pw-iden per rdwion from Bellingham Marine Industries, Inc. UNIFLOATO, UNIDECKO and UNISTACK® are registered tradamarks of Bellingham Marine ndusbies, Inc. ® Sellingnam Marine Industries, Inc. BALBOA BAY CLUB Overall Dock Layout ECES All— Iyn South Revisions: - MAY 12002 CALIFORNIA AsTAL COMMIS Drawn by: D. DeCaro Scale: NONE Date: 4-16-02 Sheet 1 Of M 9 EAG RCES DIV. OF NEMPORT BEACH 3 uth Coa t Dis c AP PRO��' �J v P rmit Nom'_ _. � ••• .r. Date: ---- --- -^ ----- New Concrete Enlarged View Enlarged View B 1a '2" X 380' 5' x 42' New Concrete 6'x 18' Gangway Gangway Platform #2 RAMP FLOAT I f 8'-311/ EXISTING BULKHEAD cv _------.._..-..-..-..-.._..-- 6' CV M 'a as a • 8' 0-1 /2" X 96' LU 3ellingham e I .h&-hW vN� T This drawing contains proprietary information which'ms the propertyolBe9ingham Mahe Industries, Inc., and shell not be copied, reproduced or made available to third parties with- out pdor wdtlen permission from Bellingham Marine Industries, Inc. UNIFLOATO, UNIDECKV and UNLSTACKO are registered trademarks d Bellingham Marine Industries, Inc. ® Bellingham Madne Industries, Inc. BALBOA BAY CLUB Enlarged Views Revisions: Drawn by: D. DeCaro Scale: NONE Date: 4-16-02 Sheet la Of California Coastal Commissio South Coast District Office APPROVED _ Permit No _.,.o, . U By: __.- -„--_ ------ EFFECTIVE ` ,( Date: -_____ __O____ . _ BEACH MAIN ,.:NSFORMER #1 Five (5) Raceways TRANSFORMER #2 5'x 36' Gangway FEEDER thru Mainwalk EXISTING BULKHEAD Two (2) Raceways to Dockhouse - one for TV/Telephone - one for Power 0&H 0 OO Locate Handholes as Needed to Facilitate Transformer & Slip Feeds ELECTRICAL LAYOUT Primary Feeder Schedule Power Feeder #1 (Transformer #1) 300 Amp, 3 Phase 480 Volt 4- 1/o Copper Conductors, 1-#2 Ground in 2-1/2" PVC Conduit Power Feeder #2 (Transformer #2) 300 Amp, 3 Phase 480 Volt 6- 2/o Copper Conductors, 1- #2 Ground - ALL CONDUCTORS TO BE COPPER - (Handholes as Needed to Facilitate) Transformer & Slip Feeds 0&H L = HATTERAS TYPE LIGHT PEDESTAL with 110v outlet AND HOSE BIBB FIBERGLASS DOCK BOX (NO Power Center) �� = POWER PEDESTAL t, Harbormaster Bldg �1p0°/ with 2 ea- 50a Power Centers (240v) * Light, Meter, TV & Telephone for each ® = POWER PEDESTAL (TYPICAL) with 100a + 50a + 50a Power Centers (Light, Meter, TV & Telephone for each) **All Receptacles are 240v Secondary Feeder Schedule Transformer #? Transformer #2 Circuit #1 Slips 1-4 Circuit #1 Slips 9-12 400 Amp, 3 Phase 208 Volt 400 Amp, 3 Phase 208 Volt 8- 3/o Copper Conductors, 1- #2 Ground 2 each- 2" PVC Conduits, each containing: in 2-1/2" PVC Conduit 4- 3/o Copper Conductors, 1-#2 Ground Circuit #2 Slips 5-8 Circuit #2 Slips 13-16 400 Amp, 3 Phase 208 Volt 400 Amp, 3 Phase 208 Volt 2 each- 2" PVC Conduits, each containing: 2 each- 2" PVC Conduits, each containing: 4- 3/o Copper Conductors, 1-#2 Ground 4- 3/o Copper Conductors, 1-#2 Ground 2 3 4 5 6 7 8 9 10 11 12 13 14 Ll 15 Ll Locate Handholes as Needed to Facilitate Transformer & Slip Feeds ELECTRICAL LAYOUT Primary Feeder Schedule Power Feeder #1 (Transformer #1) 300 Amp, 3 Phase 480 Volt 4- 1/o Copper Conductors, 1-#2 Ground in 2-1/2" PVC Conduit Power Feeder #2 (Transformer #2) 300 Amp, 3 Phase 480 Volt 6- 2/o Copper Conductors, 1- #2 Ground - ALL CONDUCTORS TO BE COPPER - (Handholes as Needed to Facilitate) Transformer & Slip Feeds 0&H L = HATTERAS TYPE LIGHT PEDESTAL with 110v outlet AND HOSE BIBB FIBERGLASS DOCK BOX (NO Power Center) �� = POWER PEDESTAL t, Harbormaster Bldg �1p0°/ with 2 ea- 50a Power Centers (240v) * Light, Meter, TV & Telephone for each ® = POWER PEDESTAL (TYPICAL) with 100a + 50a + 50a Power Centers (Light, Meter, TV & Telephone for each) **All Receptacles are 240v Secondary Feeder Schedule Transformer #? Transformer #2 Circuit #1 Slips 1-4 Circuit #1 Slips 9-12 400 Amp, 3 Phase 208 Volt 400 Amp, 3 Phase 208 Volt 8- 3/o Copper Conductors, 1- #2 Ground 2 each- 2" PVC Conduits, each containing: in 2-1/2" PVC Conduit 4- 3/o Copper Conductors, 1-#2 Ground Circuit #2 Slips 5-8 Circuit #2 Slips 13-16 400 Amp, 3 Phase 208 Volt 400 Amp, 3 Phase 208 Volt 2 each- 2" PVC Conduits, each containing: 2 each- 2" PVC Conduits, each containing: 4- 3/o Copper Conductors, 1-#2 Ground 4- 3/o Copper Conductors, 1-#2 Ground Power Feeder #3 to Dockhouse 200 Amp, Single Phase 240 Volt 3- 3/o Copper Conductors, 1- #2 Ground 16 3/4" HOSE BIBBS @ALL POWER PEDESTALS Landside Reauirements 2- 300 Amp, 3 Phase 480 Volt Circuits 1- 100 pair Telephone Feed 1- TV Feed 1- 100 Amp Single Phase feed for Dockhouse Transformers 2- 225 KVA, 3 Phase each with Cal 2- 400Amp 3 pole Breakers and one 1 pole 20Amp. AP Each Transformer will need a 300Amp main breaker Per on the primary side. By: Bellingham W— o /nnevalllire harbw an4i walllerlrwtfWufNns UxyJ T IN rrh is drawing contains proprietary information which is the property of Bellingham Marine Indusbies, Inc., and shall not be copied, reproduced or made available to third parties with- out prior written permission from Bellingham Marine Industries Inc. UNIFLOATa, UNIDECKB and UNISTACK®are registere trademarks of Bellingham Marine Industries, Inc. © Bellingham Marine Industries, Inc. BALBOA BAY CLUB DOCK 'A' Electrical Service Layout Electrical Feeder Schedules fawn by: D. DeCaro. Scale: NONE Date: 4-16-02 Sheet 2 Of �, Filename: BASE Proposal ,ma Coastal Commission Coast District Office 0. CUVE BEACH ------------------ 5'x 36' Gangway EXISTING BULKHEAD —— --—--—----—— B Scale: NONE Date: 4-16-02 B 3 Of B APPROVED 9 Permit No.---- B By:-- - -- - 8 EFFECTIVE B Date: ------s B B Fe NB B B r. z a M po Mr m DD rn Mm fn M r� D L�Z J v FHC = FIRE HOSE CABINET (FRP YELLOW) with 125' Hose & Extinguisher HB = Hose Bibb Location ' 3/4" HOSE BIBBS TO BE LOCATED AT ALL POWER PEDESTALS Front Elevation F.D.C. FITTING FIRE HOSE CABINET Cona Ancl- Side Elev�.%swim J 17 = NEW 2-1/2" FIRE DEPT. CONNECTION (ANGLE BRASS VALVE- per ANSI STANDARD) FIRE HOSE CABINET and FDC CONNECTION (Backside of Mainwalk) ).C. FITTING with Reducing Tee eeningnam 0 /nn�vadre harMr and w2irrfr*&5WUt*W UNIPWAT is drawing contains proprietary information which is tine property of Bellingham Marine Industries, Inc., and shall not be copied, reproduced or made available to third parties with- out prior written permission from Bellingham Marine Industries Inc. UNIFLOAT9, UNIDECKa and UNISTACKaS1 are registere trademarks of Bellingham Marine Industries, Inc. ® Bellingham Marine Industries, Inc. BALBOA BAY CLUB DOCK 'A' Mechanical (Fire/Water System) Layout Fire Hose Cabinet Detail Drawn by: D. DeCaro Scale: NONE Date: 4-16-02 Sheet 3 Of Filename: APPROVED BASE Proposal California Coas Commission South Coast Di Ict Office APPROVED Permit No.---- By:-- - -- - rV EFFECTIVE Date: ------s 95 ■—in MIN MM .MIR Overlay Layout- with Proposed New Gangway Configuration NEW 5'x 42' GANGWAY 7� U.S. BULKHEAD LINE U.S. PIERHEAD LINE 'Bellingham a /nnavatire barber am MvtbrhrntaNutlans UNIFEM7 TMs Hawing contains proprietary Irddrrreeot which Is the property d Bdlrgham Marine Indrsei"' Inc., ane Shat not be opied, reproduced or made avaeable to Vire parties with- out prior written permlsslon fro" Bellingham Madre IMusates, Ire. UNIFLOAT®, UMIDEC" and UMSTA "` reglsleee meI uadaks of Bellingham Merin: Iron ides, Inc. ® Bellingham Marine Industnes, Ina BALBOA BAY CLUB DOCK 'A' OVERLAY with NEW GANGWAY LOCATION Revisions: )Drawpi by; . e a ro Scale: 1 "=60'-0" Date: 4-16-02 Sheet Of 01 Filename: CaliforniaCoastal Conunission South C o ist District Office APPR D /J Permit BY:-- - -- ---------- --- EFFECEVE Date:..--.-- 1 4 � -------- STATE OF CALIFORNIA - THE RESOURCES AG " ;Y GRAY DAVIS, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Page 1 of 6 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 Date: November 20, 2002 (562) 590-5071 Permit No: 5-02-135 COASTAL DEVELOPMENT PERMIT On September 10,2002, the California Coastal Commission granted to Balboa Bay Club, Inc. Coastal Development Permit 5-02-135, subject to the attached Standard and Special Conditions, for development consisting of: Remove an existing 18 slip marina (slip sizes ranging from 80' to 98') and replace it with a 16 slip marina (slip sizes ranging from 88' to 98'). The existing marina includes 33 10\" and 12\" steel piles which are proposed to be removed. The proposed marina will include 15 new epoxy coated 18 1/2\" diameter, 46' long steel piles and 10 new epoxy coated 143/8\" diameter, 34' long steel piles. The three existing gangways will be replaced with two new gangways that attach to pile supported platforms. A 10'X10' harbormaster building will be replaced in kind. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 1221 W. Coast Highway, Newport Beach. Issued on behalf of the California Coastal Commission on November 20, 2002. PETER DOUGLAS Executive Director ACKNOWLEDGMENT By: ft)n&A41�� Title: Coastal Program nalyst The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any permit ..." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a). Date Signature of Permittee COASTAL DEVELOPMENT PERMIT No. 5-02-135 Page 2 of 6 t Please sign and return one copy of this form to the Commission office at the above address. STANDARD CONDITIONS 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: 1. Pre -construction Caulerpa Taxifolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project"), the applicants shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. COAb fAL DEVELOPMENT PERMIT No. 5-02-135 Page 3 of 6 B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicants shall submit the survey: i. for the review and approval of the Executive Director; and ii. to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043). D. If Caulerpa taxifolia is found within the project or buffer areas, the applicants shall not proceed with the project until 1) the applicants provide evidence to the Executive Director that all C. taxifolia discovered within the project area and all C. taxifolia discovered within the buffer area have been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicants have revised the project to avoid .any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 2. Pre -Construction Eelgrass Survey A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zosters marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre - construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicants shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies COASTAL DEVELOPMENT PERMIT No. 5-02-135 Page 4 of 6 any eelgrass within the project area which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicants shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicants shall submit the post - construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicants shall replace the impacted eelgrass at a minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Any off-site mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 3. CONSTRUCTION RESPONSIBILITIES AND DEBRIS REMOVAL The permittee shall comply with the following construction -related requirements: (a) No construction materials, equipment, debris, or waste shall be placed or stored where it may be subject to tidal and wave erosion and dispersion. (b) Any and all debris resulting from construction activities shall be removed from the site. within 10 days of completion of construction. (c) Machinery or construction materials not essential for project improvements shall not be allowed at any time in the intertidal zone. (d) Sand from the beach, cobbles, or shoreline rocks shall not be used for construction material. (e) If turbid conditions are generated during construction a silt curtain shall be utilized to control turbidity. (f) Measures shall be taken to ensure that barges do not ground and impact eelgrass sites. 1. COASTAL DEVELOPMENT PERMIT No. 5-02-135 Page 5 of 6 (g) Floating booms shall be used to contain debris discharged into coastal waters and any debris discharged shall be removed as soon as possible but no later than the end of each day. (h) Non -buoyant debris discharged into coastal waters shall be recovered by divers as soon as possible after loss. (i) Reasonable and prudent measures shall be taken to prevent all discharge of fuel or oily waste from heavy machinery, pile drivers, or construction equipment or power tools into coastal waters. The applicant and applicant's contractors shall have adequate equipment available to contain any such spill immediately. (j) All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. (k) All debris and trash shall be disposed of in the proper trash and recycling receptacles at the end of each construction day. (1) The applicant shall use the least damaging alternative for the construction of pilings and any other activity that will disturb benthic sediments. The applicant shall limit, to the greatest extent practicable, the suspension of benthic sediments into the water column. 4. Best Management Practices Program By acceptance of this permit the applicant agrees that the long-term water- borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (a) Boat Cleaning and Maintenance Measures: 1. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. 2. In -the -water hull scraping or any process that occurs under water that .results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate -free and biodegradable shall be used, and the amounts used minimized. 3. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (b) Solid and Liquid Waste Management Measures: COASTAL DEVELOPMENT PERMIT No. 5-02-135 Page 6 of 6 1. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits shall be disposed of in a proper manner and shall not at any time be disposed of in the water or gutter. (c) Petroleum Control Management Measures: 1. Oil absorbent materials shall be examined at least once a year and replaced as necessary. The applicant shall recycle the materials, if possible, or dispose of them in accordance with hazardous waste disposal regulations. The boaters shall regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. Boaters shall also use preventive engine maintenance, oil absorbents, bilge pump -out services, or steam cleaning services as much as possible to clean oily bilge areas and shall not use detergents while cleaning. The use of soaps that can be discharged by bilge pumps is prohibited. 5. Public Access Walkway The 10 foot wide public access walkway shall remain free of any development which would obstruct or limit public use. The public access walkway shall be available to the general public at any time the club facilities are available to members of the private club. Construction activity and/or placement of construction material within the public access walkway is prohibited. The applicant shall ensure that these requirements are carried out. Document2 Printed on November 20, 2002 EAST ELEVATION SCALE: 3/8' = 1'-0" A_1 California Coastal Commission South Coast District Office APPROVED ,r Permit No.---- BY: - - EFFECTIVE Date:---------�!�/�------W NORTH 4 SOUTH ELEVATION a) SCALE: 3/8' = 1'-0" A_[ REDUCED SET- HAI F SIZE CASH &ASSOCIATES 1 ENGINEERING AND ARCHITECTURE (714) 895-2072 ENGINEER RHM HARBOR MASTER OFFICE BALBOA BAY CLUB, NEWPORT BEACH BY BELLINGHAM MARINE, INC. SCALE 3/8"--1 "-0" A DESIGNER PROJECT NUMBER 5838.00 CAD OPERATOR RLR FLOOR PLAN ELEVATIONS & CHECKER RHM DRAWING NUMBER A— PROJECT MANAGER RHM California Coastal Commission South Coast District Office N APPROVED-- PermitNo.___✓__, =1 EFFECTIVE FLOOR FLAN Date: _________ ___ _ _________ 6 SCALE: 3/8' 2 1'-0" A -I )ASTAL REVIEW RLR DESCRIPTION BY REVISIONS Le T-41/8" Overall 5-118" x 13-1/2" 5'-11 1/2" GLU-LAM WALER (Concrete) 3/4" H.D.G. THRU RODS (Two Rows- Typ.) 3-1/8"x13-1/2" J GLU-LAM WALER SOLID POLYSTYRENE CORE (TYP.) See Enlarged View1a A �� See Enlarged View B LINEAL FT. 88' 3 264' 90' 1 90' 98'X 25' 2 196' 98'X 27' 6'x 18' 5'x 4Z 98'X 30' I New Concrete i i / 1 Gangway TOTALS ' Gangway Platform #1 ' [ ; RAMP FLOAT BEACH (5'-6" x 5'-6") ; I I I 5'x 36' I I - --- . _ -- - i S Gangway N a ' 8'0-112"X380' a O I ' ------------- I----- -- r},Q-------- 20'X 25' 0M 0 SWIM FLOAT x r 0 98' 98' 98' 98' 98' 98' 98' 98' 98' 98' 98' 00 90' I O 49'± 24'-8"± 24'-8" ± 26 26'-8" '_8„+ ± 29'-8"± 29'-8"+ 29'-8" -+ 26'-8 26'-8"± "± 26'-8"± 25'X 25' HARBORMASTER BUILDING FLOAT REMOVABLE FLOAT 8'X 10' 20' 10' T-41/8" Overall 5-118" x 13-1/2" 5'-11 1/2" GLU-LAM WALER (Concrete) 3/4" H.D.G. THRU RODS (Two Rows- Typ.) 3-1/8"x13-1/2" J GLU-LAM WALER SOLID POLYSTYRENE CORE (TYP.) TYP. FINGER SECTION NOT TO SCALE Floats are calculated to support a live bad of 4.75 pounds per square foot of deck area per inch of freeboard loss. New Concrete Gangway Platform #2 (6'-0 x 8'-3") I EXISTING BULKHEAD IQ • "- EXISTING OVERHANG t 8'0-i1/2"X96' i _.._.._.._... ..___.._._...._._.._.._.._...._._..___._..1 U.S. BULKHEAD LINE I W I F Q I z I W 88' 88' 88' I io 0) i 24'-8"+ ' 24'-8"± 24'-81.± = NEW EPDXY COATED STEEL PILE 'SEL GRASS INSPEG I ION 0 x 3/8" wall, 34' long �I�t f (10 REQ'D) M EEL GRASS WITHIN 15 OF PROJECT — co - C.: FEEL CRASS IN TH ROJEGT ARE O o +I o = NEW EPDXY COATED STEEL PILE _.-do) o 18"o x 1/2" wall, 46' long v (15 REQ'D) SIGNATURE PFFD ITI AATE 2x10 COVERBOARD 3/4” H.D_G. THRU RODS (Single Row- Typ.) -' FULL RODS- ALL HOLES 16,085 TOTAL CONCRETE FLOAT SQ. FT. NOTE: THIS DRAWING DERIVED FROM INCOMPLETE INFORMATION. ALL INFORMATION ON THIS DRAWING TO BE VERIFIED BY OWNER. DBL. 3x10 VIALERS U.S. PIERHEAD LINE 8'-0-1/2" Overall 6'-11 1/2" (Concrete). c O r m +1 O J CD m L 0 N � C D SOLID POLYSTYRENE CORE (TYP.) TYP. MAINWALK SECTION NOT TO SCALE Floats are calculated to support a live load of 4.75 pounds per square foot of deck area per inch of freeboard loss. rBellingham e /AMY�Yd hY�K M� Ni�1�fltl�il�N1S vpll r neil�n �yilwm/ flrin q�firer This drawing contains proprietary information which is the property of Bellingham Marine Industries, Inc., and shall not be copied, reproduced or made available to third partes with- out prior written permission from Bellingham Marine Indusbies, Inc. UNIFLOATO, UNIDECKO and UNISTACKM are registered trademarks of Bellingham Marine Indusuies, Inc. ® Bellingham Marine Induslnes, Inc. 10 BALBOA BAY 1 CLUB Overall Dock Layout Revisions: Drawn by: D. DeCaro Scale: NONE Date: 4-16-02 Sheet 1 Of 4 BOR R 0, :r'r7c, OIij / AI"A SLIP MIX LENGTH TOTAL NO. LINEAL FT. 88' 3 264' 90' 1 90' 98'X 25' 2 196' 98'X 27' 6 588' 98'X 30' 3 294' 96' 1 96' TOTALS 16 1528' TYP. FINGER SECTION NOT TO SCALE Floats are calculated to support a live bad of 4.75 pounds per square foot of deck area per inch of freeboard loss. New Concrete Gangway Platform #2 (6'-0 x 8'-3") I EXISTING BULKHEAD IQ • "- EXISTING OVERHANG t 8'0-i1/2"X96' i _.._.._.._... ..___.._._...._._.._.._.._...._._..___._..1 U.S. BULKHEAD LINE I W I F Q I z I W 88' 88' 88' I io 0) i 24'-8"+ ' 24'-8"± 24'-81.± = NEW EPDXY COATED STEEL PILE 'SEL GRASS INSPEG I ION 0 x 3/8" wall, 34' long �I�t f (10 REQ'D) M EEL GRASS WITHIN 15 OF PROJECT — co - C.: FEEL CRASS IN TH ROJEGT ARE O o +I o = NEW EPDXY COATED STEEL PILE _.-do) o 18"o x 1/2" wall, 46' long v (15 REQ'D) SIGNATURE PFFD ITI AATE 2x10 COVERBOARD 3/4” H.D_G. THRU RODS (Single Row- Typ.) -' FULL RODS- ALL HOLES 16,085 TOTAL CONCRETE FLOAT SQ. FT. NOTE: THIS DRAWING DERIVED FROM INCOMPLETE INFORMATION. ALL INFORMATION ON THIS DRAWING TO BE VERIFIED BY OWNER. DBL. 3x10 VIALERS U.S. PIERHEAD LINE 8'-0-1/2" Overall 6'-11 1/2" (Concrete). c O r m +1 O J CD m L 0 N � C D SOLID POLYSTYRENE CORE (TYP.) TYP. MAINWALK SECTION NOT TO SCALE Floats are calculated to support a live load of 4.75 pounds per square foot of deck area per inch of freeboard loss. rBellingham e /AMY�Yd hY�K M� Ni�1�fltl�il�N1S vpll r neil�n �yilwm/ flrin q�firer This drawing contains proprietary information which is the property of Bellingham Marine Industries, Inc., and shall not be copied, reproduced or made available to third partes with- out prior written permission from Bellingham Marine Indusbies, Inc. UNIFLOATO, UNIDECKO and UNISTACKM are registered trademarks of Bellingham Marine Indusuies, Inc. ® Bellingham Marine Induslnes, Inc. 10 BALBOA BAY 1 CLUB Overall Dock Layout Revisions: Drawn by: D. DeCaro Scale: NONE Date: 4-16-02 Sheet 1 Of 4 BOR R 0, :r'r7c, OIij / AI"A New Concrete Enlarged View Enlarged View B 1a '2" X 380' 6'x 18' RAMP FLOAT 5' x 42' New Concrete Gangway `Gangway Platform #2 8'-3" EXISTING BULKHEAD ------ -- -------------------------------------------------------------------- 61 CV co •D as a • 8' 0-1 /2" X 96' W U tellingham WIN" twbw UNIPWAr. This drawing contains proprietary information which is the pmperry of Bellingham Marine Industries, Inc., and shall not be copied, reproduced or made available to third parties vvith- out prior written perrnission from Bellingham Menne Industries, Inc. UNIFLOATO, UNI DECKO and UN ISTACKr) are registered trademarks of Bellingham Marine Industries. Inc © Bellingham Marine Industries, Inc. / 1 BALBOA BAY CLUB Enlarged Views Revisions: Drawn by: D. DeCaro Scale: NONE Date: 4-16-02 Sheet la Of N \1 • 1 5' x 42' New Concrete Gangway `Gangway Platform #2 8'-3" EXISTING BULKHEAD ------ -- -------------------------------------------------------------------- 61 CV co •D as a • 8' 0-1 /2" X 96' W U tellingham WIN" twbw UNIPWAr. This drawing contains proprietary information which is the pmperry of Bellingham Marine Industries, Inc., and shall not be copied, reproduced or made available to third parties vvith- out prior written perrnission from Bellingham Menne Industries, Inc. UNIFLOATO, UNI DECKO and UN ISTACKr) are registered trademarks of Bellingham Marine Industries. Inc © Bellingham Marine Industries, Inc. / 1 BALBOA BAY CLUB Enlarged Views Revisions: Drawn by: D. DeCaro Scale: NONE Date: 4-16-02 Sheet la Of BEACH 5'x 36' Gangway Two (2) Raceways to Dockhouse - one for TVfrelephone - one for Power IN O MAIN TRANSFORMER #1 Five (5) Raceways FEEDER thru Mainwalk TRANSFORMER #2 0 EXISTING BULKHEAD Locate Handholes as Needed to Facilitate Transformer & Slip Feeds ELECTRICAL LAYOUT Primary Feeder Schedule Power Feeder #1 (Transformer #1) 300 Amp, 3 Phase 480 Volt 4- 1/o Copper Conductors, 1-#2 Ground in 2-1/2" PVC Conduit Power Feeder #2 (Transformer #2) 300 Amp, 3 Phase 480 Volt 6- 2/o Copper Conductors, 1- #2 Ground - ALL CONDUCTORS TO BE COPPER - (Handholes as Needed to Facilitate) Transformer & Slip Feeds O&H BHATTERAS TYPE LIGHT PEDESTAL with 110v outlet AND HOSE BIBB FIBERGLASS DOCK BOX (NO Power Center) O = POWER PEDESTAL Q Harbormaster Bldg with 2 ea- 50a Power Centers (240v) * Light, Meter, TV & Telephone for each ® = POWER PEDESTAL (TYPICAL) with 100a + 50a + 50a Power Centers (Light, Meter, TV & Telephone for each) —All Receptacles are 240v Secondary Feeder Schedule Transformer #1 Circuit #1 Slips 1-4 400 Amp, 3 Phase 208 Volt 8- 3/o Copper Conductors, 1- #2 Ground in 2-1/2" PVC Conduit Circuit #2 Slips 5-8 400 Amp, 3 Phase 208 Volt 2 each- 2" PVC Conduits, each containing: 4- 3/o Copper Conductors, 1- #2 Ground Transformer #2 Circuit #1 Slips 9-12 400 Amp, 3 Phase 208 Volt 2 each- 2" PVC Conduits, each containing: 4- 3/o Copper Conductors, 1- #2 Ground Circuit #2 Slips 13-16 400 Amp, 3 Phase 208 Volt 2 each- 2" PVC Conduits, each containing: 4- 3/o Copper Conductors, 1- #2 Ground Power Feeder #3 to Dockhouse 200 Amp, Single Phase 240 Volt 3- 3/o Copper Conductors, 1- #2 Ground 16 " 3/4" HOSE BIBBS @ALL POWER PEDESTALS Landside Reauirements 2- 300 Amp, 3 Phase 480 Volt Circuits 1- 100 pair Telephone Feed 1- TV Feed 1- 100 Amp Single Phase feed for Dockhouse Transformers 2- 225 KVA, 3 Phase each with 2- 40OAmp 3 pole Breakers and one 1 pole 20Amp. Each Transformer will need a 300Amp main breaker on the primary side. Bellingham 0aft". /nnravw" Mr"r Land waftrf wd sduftns uxi r reckUnenovesia 9600angstem r'This drawing contains proprietary information which is the property of Bellingham Marine Industries, Inc., and shall not be copied, reproduced or made available to third parties with. out prior written permission from Bellingham Marine Industries Inc. UNIFLOATID, UNIDECK® and UNISTACK® are registere trademarks of Bellingham Marine Industries, Inc. 0 Bellingham Marine Industries, Inc. BALBOA BAY CLUB DOCK 'A' Electrical Service Layout Electrical Feeder Schedules Drawn by: D. DeCaro 2 NONE 3 4-16-02 4 2 Of 5 6 7 8 9 10 11 12 13 14 15 Locate Handholes as Needed to Facilitate Transformer & Slip Feeds ELECTRICAL LAYOUT Primary Feeder Schedule Power Feeder #1 (Transformer #1) 300 Amp, 3 Phase 480 Volt 4- 1/o Copper Conductors, 1-#2 Ground in 2-1/2" PVC Conduit Power Feeder #2 (Transformer #2) 300 Amp, 3 Phase 480 Volt 6- 2/o Copper Conductors, 1- #2 Ground - ALL CONDUCTORS TO BE COPPER - (Handholes as Needed to Facilitate) Transformer & Slip Feeds O&H BHATTERAS TYPE LIGHT PEDESTAL with 110v outlet AND HOSE BIBB FIBERGLASS DOCK BOX (NO Power Center) O = POWER PEDESTAL Q Harbormaster Bldg with 2 ea- 50a Power Centers (240v) * Light, Meter, TV & Telephone for each ® = POWER PEDESTAL (TYPICAL) with 100a + 50a + 50a Power Centers (Light, Meter, TV & Telephone for each) —All Receptacles are 240v Secondary Feeder Schedule Transformer #1 Circuit #1 Slips 1-4 400 Amp, 3 Phase 208 Volt 8- 3/o Copper Conductors, 1- #2 Ground in 2-1/2" PVC Conduit Circuit #2 Slips 5-8 400 Amp, 3 Phase 208 Volt 2 each- 2" PVC Conduits, each containing: 4- 3/o Copper Conductors, 1- #2 Ground Transformer #2 Circuit #1 Slips 9-12 400 Amp, 3 Phase 208 Volt 2 each- 2" PVC Conduits, each containing: 4- 3/o Copper Conductors, 1- #2 Ground Circuit #2 Slips 13-16 400 Amp, 3 Phase 208 Volt 2 each- 2" PVC Conduits, each containing: 4- 3/o Copper Conductors, 1- #2 Ground Power Feeder #3 to Dockhouse 200 Amp, Single Phase 240 Volt 3- 3/o Copper Conductors, 1- #2 Ground 16 " 3/4" HOSE BIBBS @ALL POWER PEDESTALS Landside Reauirements 2- 300 Amp, 3 Phase 480 Volt Circuits 1- 100 pair Telephone Feed 1- TV Feed 1- 100 Amp Single Phase feed for Dockhouse Transformers 2- 225 KVA, 3 Phase each with 2- 40OAmp 3 pole Breakers and one 1 pole 20Amp. Each Transformer will need a 300Amp main breaker on the primary side. Bellingham 0aft". /nnravw" Mr"r Land waftrf wd sduftns uxi r reckUnenovesia 9600angstem r'This drawing contains proprietary information which is the property of Bellingham Marine Industries, Inc., and shall not be copied, reproduced or made available to third parties with. out prior written permission from Bellingham Marine Industries Inc. UNIFLOATID, UNIDECK® and UNISTACK® are registere trademarks of Bellingham Marine Industries, Inc. 0 Bellingham Marine Industries, Inc. BALBOA BAY CLUB DOCK 'A' Electrical Service Layout Electrical Feeder Schedules Drawn by: D. DeCaro Scale: NONE Date: 4-16-02 Sheet 2 Of Filename: BASE Proposal BEACH 5'x 36' Gangway EXISTING BULKHEAD -------------- 9 Scale: NONE Date: 4-16-02 Sheet 6 7 Filename: AB 9 e 6 a 9 8 ea 9 e C � Z M CD Xr In mD z rn Cl) ;a �D U t'n 0 FHC = FIRE HOSE CABINET (FRP YELLOW) with 125' Hose & Extinguisher HB = Hose Bibb Location ' 3/4" HOSE BIBBS TO BE LOCATED AT ALL POWER PEDESTALS Front Elevation F.D.C. FITTING FIRE HOSE CABINET Conti Anct Side Eleva11e..ee i 17 = NEW 2-1/2" FIRE DEPT. CONNECTION (ANGLE BRASS VALVE- per ANSI STANDARD) FIRE HOSE CABINET and FDC CONNECTION (Backside of Mainwalk) ).C. FITTING with Reducing Tee eeningnam 0 /nnevaffie horror 'an4(1"Gerhwrtsdi &ns UNiFUDAY roddw 6110mmerbtaElrnspmww rThis drawing contains proprietary information which is the property of Bellingham Marine Industries, Inc., and shall not be copied, reproduced or made available to third parties with- out prior written permission from Bellingham Marine Industries Inc. UNIFLOATS, UNIDECKB and UNISTACKIDare registere trademarks of Bellingham Marine Industries, Inc. ® Bellingham Marine Industries, Inc. BALBOA BAY CLUB DOCK 'A' Mechanical (Fire/Water System) Layout Fire Hose Cabinet Detail ns: Drawn by: D. DeCaro Scale: NONE Date: 4-16-02 Sheet 3 Of Filename: BASE Proposal NEW 5'x 36' Gangway Q o o Q+ o It CZ1 C21 P � Q Q O ® � o 0 0 0 Overlay Layout- with Proposed New Gangway Configuration n NEW 5'x 42' GANGWAY U.S. BULKHEAD LINE I U.S. PIERHEAD LINE I 11 Bellingham e Innruv s hs*Mr 111r IN(O��IIf �II%fIS UNI r TNS draWng cemam pmpntay Irdormadon*N hIs the pmpeny of Belsngham Mann Industries, Inc., and shay not trempiad, reproduced m made aveaa le to third parties veh- out pdur wdtren pemsasbn Rom BdYngham Madn IMUStries, Ino. UNIFLOAT®, UNIDECKO and! UNSTACMans ragWarad trademarks of Bel6nghem Menne IMustrias. Inc. O Bellingham Marine Industries, Inc BALBOA BAY CLUB DOCK 'A' OVERLAY with NEW GANGWAY LOCATION Revisions: Scale: "=60'-0" Date: Sheet 4-16-02 0 1 Of Filename: HARBOR HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034/Fax 949-723-0589 APPROVAL IN CONCEPT 1Z �_ /2 2- APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development:it Property Address: , ZZ G:1 Legal Description: Harbor Permit Number: f Applicant: Applicant's Mailing Address: Phone Number: I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. And find They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and any applicable specific or precise plans or • That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act of 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. * Has received a final Exemption Declaration or final Negative Declaration (copy attached). * Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change in it is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. Tony Melum, Director Signature: Print Name/Title: Date: Attachments: 1 2. 3. 4. STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 Filed: 10/11/01 (562)590-5071 49th Day: 11/29/01 180th Day: 4/9/02 Staff: MV -W. Tu 13 J Staff Report: 10/24/01 Hearing Date: 11/11-14/01 Commission Action: STAFF REPORT: REGULAR CALENDAR APPLICATION NUMBER: 5-01-319 APPLICANT: Balboa Bay Club Inc. AGENT: Dave Neish Culbertson, Adams & Associates PROJECT LOCATION: 1221 West Coast Highway, Newport Beach, Orange County PROJECT DESCRIPTION: Replacement of 549 feet of an existing 604 foot bulkhead. The remaining 55 feet is proposed to have the tiebacks and deadmen replaced, leaving the existing panels intact. The proposed bulkhead will be placed in the same location and alignment as the existing bulkhead. No fill of coastal waters is proposed. Excavation immediately landward of the bulkhead is proposed in the amount of 1,900 cubic yards of cut to be replaced in place as 1,900 cubic yards of fill. The proposed project will also raise the bulkhead height to conform with the City of Newport Beach's requirement of +9 feet above Mean Lowest Low Water. LOCAL APPROVALS RECEIVED: City of Newport Beach Harbor Resources Division Permit No. 129-1221. SUBSTANTIVE FILE DOCUMENTS: Coastal Development Permit No. 5-94-265 (Balboa Bay Club); Coastal Development Permit Amendment 5-94-265 Al (Balboa Bay Club); City of Newport Beach certified Local Coastal Program. SUMMARY OF STAFF RECOMMENDATION: Staff recommends approval of the proposed project with four special conditions which require that: 1) the proposed best management practices be carried out as proposed in order to assure that adverse impacts to marine resources including water quality and eelgrass are minimized; 2) the post -construction eelgrass survey be submitted to the Executive Director and that any necessary mitigation be carried out as proposed; 3) the public access walkway remain free of any development which would obstruct or limit public use and be available to the general public at any time the club facilities are available to members of the private club; and 4) Regional Water Quality Control Board approval. These special conditions are necessary in order to find the proposed project consistent with Sections 30230 and 30231 of the Coastal Act which require that adverse impacts to marine resources including water quality and marine life be minimized and with Section 30210 of the Coastal Act which requires that public access be maximized. 5-01-319 (Balboa Bay Club) Page 2 STAFF RECOMMENDATION: Staff recommends that the Commission APPROVE the permit application with special conditions. MOTION: I move that the Commission approve CDP #5-01-319 pursuant to the staff recommendation. Staff recommends a YES vote. This will result in approval of the permit as conditioned and adoption of the following resolution and findings. The motion passes only by affirmative vote of a majority of the Commissioners present. The staff recommends that the Commission adopt the follo'Ning resolution: I. APPROVAL WITH CONDITIONS The Commission hereby GRANTS a permit, subject to the conditions below, for the proposed development on the grounds that the development will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, 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, and will not have any significant adverse effects on the environment within the meaning of the California Environmental Quality Act. II. STANDARD CONDITIONS: Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. 5-01-319 (Balboa Bay Club) Page 3 III. SPECIAL CONDITIONS Marine Resources Best Management Practices Construction of the proposed project, bulkhead repair and replacement, shall incorporate the Best Management Practices (BMPs) as proposed by the applicant and as further described in the findings of this staff report. Specifically, the proposed bulkhead repair project shall include: 1) the placement of a float to catch any debris that may inadvertently fall from the project site and would otherwise enter the adjacent harbor water; 2) construction methods limiting virtually all work to the landward side of the bulkhead (the only exception is placement of wooden forms to shape new concrete for the replacement coping); 3) placement of a turbidity curtain; 4) removal of only relatively short segments (approximately 100 foot stages) of the bulkhead wall at a time and then replacement as soon as possible; 5) all excavated material shall be stored a minimum of 40 feet inland of the bulkhead; 6) the perimeter of the eelgrass patch shall be marked with buoys prior to initiation of construction; 7) all debris and trash shall be disposed of in a suitable trash container on land at the end of each construction day; 8) vessels working in the vicinity of the eelgrass bed shall not anchor within the eelgrass vegetation; 9) discharge of any hazardous materials into the bay shall be prohibited; and 10) a post -construction eelgrasss survey shall be conducted by a qualified marine biologist to identify whether any eelgrass habitat was adversely affected by the project; 11) debris discharged into coastal waters shall be recovered by divers as soon as possible after loss; 12) all construction materials, other than lumber, that are stored on-site shall be stored in a covered area, or shall be contained from below and above so that no materials come into contact with the ground surface or rainwater. 2. Eelgrass Mitigation Within thirty (30) days of completion of construction, the post -construction eelgrass survey shall be submitted for the review and approval of the Executive Director. If the post -construction eelgrass survey identifies any loss of eelgrass or other adverse effect on the eelgrass, mitigation to offset the adverse impacts shall be carried out consistent with the Southern California Eelgrass Mitigation Policy (National Marine Fisheries Service 1991, as amended.) The Southern California Eelgrass Mitigation Policy is attached as exhibit E. If adverse impacts to the eelgrass are identified and the mitigation plan is implemented, the location of the source of eelgrass to be transplanted shall be identified. The Executive Director will determine in writing whether carrying out the mitigation plan will require an amendment to this permit or a new coastal development permit. 3. Public Access Walkwa The 10 foot wide public access walkway shall remain free of any development which would obstruct or limit public use. The pubic access walkway shall be available to the general public at any time the club facilities are available to members of the private club. The applicant shall ensure that these requirements are carried out. 4. REGIONAL WATER QUALITY CONTROL BOARD APPROVAL PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall provide to the Executive Director a copy of a permit issued by the Regional Water Quality Control Board, or letter of permission, or evidence that no permit or permission is required. The applicant 5-01-319 (Balboa Bay Club) Page 4 shall inform the Executive Director of any changes to the project required by the Regional Water Quality Control Board. Such changes shall not be incorporated into the project until the applicant obtains a Commission amendment to this coastal development permit, unless the Executive Director determines that no amendment is required. IV. FINDINGS AND DECLARATIONS: The Commission hereby finds and declares: A. Project Description The applicant proposes to replace 549 feet of an existing 604 foot bulkhead. The remaining 55 feet is proposed to have the tiebacks and deadmen replaced, leaving the existing panels intact. The proposed bulkhead will be placed in the same location and alignment as the existing bulkhead. No fill of coastal waters is proposed. Excavation immediately landward of the bulkhead is proposed in the amount of 1,900 cubic yards of cut to be replaced in place as 1,900 cubic yards of fill once the bulkhead replacement is complete. The proposed project will also raise the bulkhead height to conform with the City of Newport Beach's requirement of +9 feet above Mean Lowest Low Water. The replacement bulkhead is proposed to be of conventional construction with precast tongue and groove panels held together with a concrete coping tied back to a deadman system. The bulkhead system is structurally independent of the neighboring bulkheads, and so is not proposed to be tied in to the adjacent bulkheads. The existing bulkhead includes a six foot cantilever for a length of 399 feet. The proposed bulkhead includes a five foot cantilever along 63 feet (see exhibit C). All work is proposed to take place from the landward side of the bulkhead, except during brief periods when some of the forming of the coping takes place. The only other elements of the project proposed to be in or over the water are a turbidity curtain and a float to catch any project debris that may inadvertently fal! during construction. Small work vessels are anticipated to be used only to place the debris barriers and the wooden forms for the new concrete coping. No large equipment such as deep -draft barges or construction equipment is proposed seaward of the bulkhead. Such equipment would not fit in the limited space between the bulkhead and existing boat docks (see exhibit D). Construction debris will be taken to Nu -Way Live Oak Landfill in Irwindale, outside the coastal zone. There it will be recycled into roadbase. B. Project Location and Permit History Project Previously Approved at the Site The landward side of the subject site is developed with the Balboa Bay Club. Renovations to the Bay Club were approved under coastal development permit 5-94-265. The renovations approved included a major remodel and expansion and some demolition. The resultant project included 189,000 square feet of facilities, a parking structure and an increase in guest rooms from 128 to 144. 5-01-319 (Balboa Bay Club) Page 5 Prior to approval of coastal development permit 5-94-265 all use of the site was private, available only to club members and their guests. As approved under 5-94-265 by the Commission, the project at the site will provide some public uses, although some areas on site will remain available to club members only. The club renovation project includes a ten foot wide public access walkway extending from Coast Highway through the entry area of the club to the bulkhead adjacent to the bay and along the bulkhead to the southern edge of the property. An amendment to coastal development permit 5-94-265 was approved by the Commission on February 15, 2000. The amendment to 5-94-265 allowed an increase in square footage of the facilities, partially to correct an error in the previous square footage calculation. No changes to the project approved under coastal development permit 5-94-265 or 5-94-265 Al are proposed. The proposed project will retain the 10 foot wide public access walkway along the revised bulkhead. Proiect Location The subject site is located on West Coast Highway and fronts on Lido Channel in Newport Harbor Thus, the site is between the sea and the first public road paralleling the sea. In 1 1j19, the State granted all tide and submerged lands to the City. In 1952 the subject site was determined to be State tide and submerged land. Prior to that determination, in 1948, the City leased the site to a private entity. The private entity constructed what is now the Balboa Bay Club. The lease covering the site was extended in 1986 subject to a requirement that the availability of current and potential public facilities for public trust purposes be dramatically improved. The project approved under coastal development permit 5-94-265 significantly increased public access at the subject site, consistent with the requirement that public access be dramatically improved. As conditioned, the proposed development will not interfere with the approved public access on site. C. Marine Environment Section 30230 of the Coastal Act states: Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes. Section 30231 of the Coastal Act states: The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. 5-01-319 (Balboa Bay Club) Page 6 Newport Harbor (Lower Newport Bay) is a critical coastal water body on the federal Clean Water Act 303(d) list of "impaired" water bodies. The designation as "impaired" means the quality of the water body cannot support beneficial recreation and aquatic uses. The listing is made by the California Regional Water Quality Control Board, Santa Region (RWQCB), and the State Water Resources Control Board (SWRCB), and confirmed by the U.S. Environmental Protection Agency. Further, the RWQCB has targeted the Newport Bay watershed, which includes Newport Harbor, for increased scrutiny as a higher priority watershed under its Watershed Management Initiative. The proposed project, repair and replacement of a bulkhead, will take place adjacent to the coastal waters and marine environment of Newport Harbor. The Coastal Act requires that adverse effects of this project on coastal waters and the marine environment be minimized. In order to assure that adverse effects are minimized, best management practices (BMPs) must be incorporated into the project. BMPs are used, among other things, to reduce the amount of pollutants introduced into the adjacent water by the proposed project. Water Quality As proposed the project includes a number of BMPs to reduce adverse impacts the project may have. For example, the proposed project includes a BMP that would require the placement of a float to catch any debris that may inadvertently fall from the project site and would otherwise enter the adjacent harbor water. The float would be on the seaward side of the bulkhead, adjacent to the location of each day's work. This proposed BMP will significantly minimize the potential amount of pollutants that could otherwise accidentally fall into the water as a result of the proposed project. Another BMP proposed as part of the project is to conduct virtually all work from the landward side of ,re bulkhead. The only exceptions to this would be the float described above, placement of a turbidity curtain (described below), and the limited presence of a small vessel seaward of the bulkhead during the forming of some of the coping. All excavation will occur landward of the bulkhead and is proposed to be tracked by hydraulic excavator and all lifting by a truck crane. No construction equipment will need to be placed in or over the water. All waste will be removed by truck. Thus, construction equipment or materials that would need to be placed in the harbor water or on barges in the water is significantly reduced. By reducing the use of water area for construction or construction staging, the potential for debris and pollutants to enter the water is significantly reduced. Also proposed as a BMP is the placement of a turbidity curtain as needed to control turbidity. Water turbidity reduces light levels and can settle on organisms in the project vicinity. This BMP will minimize these adverse effects by preventing the spread of debris and turbid waters within the bay. The proposed method of construction constitutes an additional BMP. As proposed, only relatively short segments (approximately 100 foot stages) of the wall are to be removed at a time and then replaced as soon as possible. This BMP would minimize the amount of time the site is exposed to potential erosion or sloughing into the water. Finally, all excavated material will be stored 40 feet inland of the bulkhead. This would also have effect of minimizing potential erosion into the water because of the distance from the water to the stored material. In addition to the BMPs proposed by the applicant, some additional BMPs would further reduce adverse water quality impacts resulting from the project. Although a float to catch debris is 5-01-319 (Balboa Bay Club) Page 7 proposed to be in place during construction, it is possible that some debris may still fall into the water. This possibility must be addressed. If debris should fall into the water, it should be removed as soon as possible to minimize any adverse impacts. This could be accomplished by having divers remove the debris as soon as possible, but in any case no later than at the end of the work day. Another BMP which would further decrease adverse water quality impacts would be to store all on-site construction material in a covered area. Alternately, if not stored in a covered area, the on-site construction material could be contained from below and above so that no material comes into contact with the ground surface or rainwater. This BMP would have the effect of keeping construction material residue from being washed into the harbor water by rainwater. The addition of these two BMPs to the applicant's already proposed BMPs would help to significantly reduce potential pollutants from entering the coastal waters adjacent to the site. 2. Biological Productivity An Eelgrass Investigation was prepared for the proposed project by Coastal Resources Management, dated September 13, 2001. The eelgrass investigation revealed one, 119 square foot patch of eelgrass at the west end of the bulkhead at depths between —3 and —5 feet mean lowest low water. The patch of eelgrass was located between 3 and 10 feet away from the bulkhead (see exhibit D). The Eelgrass Investigation states: "There will be no direct loss of eelgrass as a result of the seawall [bulkhead] renovation since the footprint of the new seawall will be the same as the one to be replaced." The Investigation finds, however, that secondary losses of eelgrass could potentially occur from reduced water clarity (increased water turbidity) associated with any hydrojetting or pile driving activity that disturbs and resuspends bottom sediments. Higher water turbidity could (1) reduce underwater light levels and/or (2) resettle on top of the eelgrass. The Eelgrass Investigation provides steps to be taken to avoid the secondary effects mentioned above on the eelgrass patch. These include the measures already identified above as well as further measures. The measures recommended by the biological consultant as necessary to avoid the secondary effects to eelgrass are: 1) marking the perimeter of the eelgrass patch with buoys prior to the initiation of construction to assist the contractor in avoiding damage to the eelgrass bed; 2) debris and silt curtains to minimize the spread of debris and turbid waters; 3) disposing of all debris and trash in a suitable trash container on land at the end of each construction day; 4) placement of a protective barrier to prevent concrete and other larger debris from falling into the bay; 5) vessels working in the vicinity of the eelgrass bed will not anchor within the eelgrass vegetation [only very small vessels such as skiffs are expected to be used for very limited waterside work. The size of any vessel working on the water side of the project is limited due to the space available. The width between the bulkhead and the adjacent docks is only 6 to 10 feet.]; 6) prohibit discharge of any hazardous materials into the bay; and 7) a post -construction eelgrasss survey will be conducted by a qualified marine biologist to ensure no eelgrass habitat was adversely affected by the project. If the post -construction eelgrass survey identifies any adverse impacts, then a mitigation program to replace (transplant) eelgrass back to the project site is proposed by the applicant. The eelgrass replacement proposed if necessary will be conducted to the specifications set forth in the Southern California Eelgrass Mitigation Policy (National Marine Fisheries Service 1991, as amended) (See exhibit E). The post -construction eelgra,3s survey is proposed to be submitted to the Coastal Commission. This will notify Commission staff of any secondary effects to eelgrass that did occur 5-01-319 (Balboa Bay Club) Page 8 as a result of the project and allow for follow up to assure that any mitigation, if necessary, is carried out as proposed. The Eelgrass Investigation also notes that the revised bulkhead will reduce the area of cantilever over the top of the bulkhead. The renovated bulkhead design will be reduced in cantilever length from approximately 399 feet to 63 feet and the remaining cantilevered area will extend only 5 feet rather than the previous 6 feet. This represents a reduction in cantilever area of 85%. Eelgrass needs sunlight to grow. A reduction in the area of the cantilever reduces the amount of shading in the area, thereby potentially increasing the possibility of increased eelgrass coverage. Therefore the proposed new design potentially benefits the subtidal area adjacent to the revised bulkhead. 3. Other Marine Organisms The Eelgrass Investigation also examined the area within the project vicinity for other organisms. Sixteen common types of algae, invertebrates and fish were observed during the survey. Most of these were associated with the existing bulkhead structure that provided attachment surfaces for these plants and animals. The Eelgrass Investigation states: "An initial loss of marine plants and animals that live on the existing seawall [bulkhead] will occur when the seawall is demolished. These fouling organisms (mussels, algae, sea squirts) will begin to recolonize the new seawall following the completion of construction." 4. Regional Water Quality Control Board The Regional Water Quality Control Board (RWQCB) oversees water quality issues in the region. Since the proposed project has the potential to affect water quality, the development requires review by the RWQCB. At the time of this staff report, evidence of final RWQCB review and sign - off had not yet been received. Consequently, the proposed development has yet to be found in conformance with current water quality standards by the RWQCB. To ensure that the project is acceptable to the RWQCB and will not adversely affect water quality, Special Condition No. 4 requires that the applicant provide written evidence of RWQCB approval prior to issuance of a coastal development permit. If the RWQCB approval results in changes to the currently proposed project, the applicant may be required to obtain an amendment to the current coastal development permit. Only as conditioned does the Commission find that the proposed development conforms with Sections 30230 and 30231 of the Coastal Act. Conclusion The Eelgrass Investigation prepared for the proposed project concludes: And: "The presence of the new seawall will not result in any long-term loss of marine habitat or marine life since the seawall [bulkhead] structure will be the same size and replaced within the footprint of the existing seawall." "The project will have a beneficial impact on marine life because less area will be shaded between the docks and the seawall [bulkhead] and this will promote the growth of a greater diversity of algae and potentially eelgrass. Eelgrass currently grows 3 to 6 feet away from the seawall where a cantilever structure is present without any adverse effects. The 5-01-319 (Balboa Bay Club) Page 9 removal of the cantilever structure will promote additional eelgrass growth in the absence of any shading effect caused by the cantilevered seawall." As proposed, the project will minimize many of the potential adverse effects it may have on water quality and marine resources. However, the additional BMPs described above would reduce the potential for adverse impacts even further. In order to assure that adverse impacts to water quality and marine organisms are indeed minimized by these BMPs, there must be an assurance that they will be carried out. Therefore a special condition is imposed which requires that the BMPs described above are incorporated into the project. Only as conditioned can the project be found to be consistent with Sections 30230 and 30231 of the Coastal Act, which require that coastal waters and the marine environment be maintained and enhanced. D. Public Access Section 30210 of the Coastal Act states: In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse. The project approved under coastal development permit No. 5-94-265 included a minimum 10 foot wide public access walkway extending from Coast Highway to the bulkhead and along the bulkhead to the southern edge of the property. The seaward most portion of the approved public access walkway (the segment along the bulkhead) falls within the area of the proposed project. This is the segment of the walkway that allows members of the general public to actually stroll along the edge of the bay and experience unobstructed views of the harbor. The findings for approval of coastal development permit 5-94-265 state: "In order for the walkway to be useful, a minimum of ten feet of clear passage must be devoted exclusively to the public access walkway. The walkway must be adjacent to the bulkhead to assure that the public viewing of the marina and bay from the walkway will not be impinged upon." Section 30210 requires that public access be maximized. In order to assure that public access is maximized at the subject site it is essential that the proposed project not result in any reduction or limitation in the size, location or use of the public access walkway approved under coastal development permit 5-94-265. Information submitted with the current application states: "The deck in question is in fact the public access walkway as indicated and approved in Coastal Development Permit No. 5-94-265. The location of the deck/public walkway has not changed and public use of the walkway will not be physically or visually hampered." As proposed the bulkhead repair and replacement project will not lessen the public benefits of the walkway approved by the Commission under coastal development permit 5-94-265. However, because maximizing public access is an extremely high priority under the Coastal Act and because the proposed project is in the same location as the public access walkway, an informational special condition is included as part of the approval of this project. This special condition restates and re- imposes the conditions of coastal development permit 5-94-265 regarding the public access walkway. This special condition requires that the 10 foot wide public access walkway remain free 5-01-319 (Balboa Bay Club) Page 10 of any development which would obstruct or limit public use and that the pubic access walkway be available to the general public at any time the facility is available to the private club members. Therefore, as conditioned, the Commission finds the proposed project is consistent with Section 30210 of the Coastal Act which requires that public access be maximized. E. California Environmental Quality Act Section 13096 of the Commission's regulations requires Commission approval of Coastal Development Permit applications to be supported by a finding showing the application, as conditioned by any conditions of approval, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect which the activity may have on the environment. The proposed project is located in an urban area. All infrastructures necessary to serve the site exist in the area. As conditioned, the proposed project has been found consistent with the marine resources and public access policies of Chapter 3 of the Coastal Act. These conditions also serve to mitigate any significant adverse impacts under CEQA. Mitigation measures requiring that the water quality and marine resources best management practices be carried out as proposed; that approval from the RWQCB be submitted; and that the public access walkway remain free of obstructions and available to the general public will minimize any significant adverse effects that the activity may have on the environment. There are no other feasible alternatives or mitigation measures available which will lessen any significant adverse impact the activity would have on the environment. Therefore, the Commission finds that the proposed project is consistent with CEQA and the policies of the Coastal Act. 5-01-319 BBC RC 11.01 my N I I MILE Q_ t100FEET 0 500m 1000m AM>514a, 1999 Balboa Bay Club, Inc. 1221 West Coast Highway Newport Beach, California T.E.L.A. 1350 Reynolds Avenue, Suite 121 Irvine, California 92614 Phone: (949) 797-1350 Fax: (949) 797-1345 EXHIBIT # PAGE OF Site Location Map Balboa Bay Club - Sea Wall Soils Investigation Project No. Date Figure nn_In;n I FIQIni ----- i` 1 is V /4 r- r. d t l V -- CITY OF NEWPORT BEACH 1'-0" MIP P A C I F I C V C E A ,jV rr, VICINITY YAP N.T.S. NEWPORT BAY, CALIFORNIA i CON PROPERTY UNE uD JAFq ��1 1� ndpS/If r FACE OF �J 7iBLDG �I of J EL +9.0' C PROPOSED BULKHEAD M.LL_W. � O.Or _ EL -16.0' nCV4. 21'-0" MIN -- ---- � 28 -6 MAX PROPOSED BLDG I;I CONC WALKWAY IL -------------- --- I � I PROPOSED TIEBACK AND I I DEADMAN II / li II ii I ' I RETAINING WALLS ' PILWERE ERE OC UR BULKHEAD SECTION SOUNDINGS ARE EXPECTED IN FEET AND DENOTE ELEVATIONS BASED ON M$TbMElr'l 50' (f PROPERTY UNE I .I THIS PORTION OF THE EMST114 SEA WALL TO REMAIN AND BE PROTECTED. NEW COPING TO BE CAST. I PROPOSED (10' WIDE WIN) PUBLIC WALKWAY I U.S. BULKHEAD LINE 1,1 -U.S. PIERHEAD LINE I i � ----------- A-R-7' THIS PORTION OF THE ExiST1NG SEA WAU_ TO a REMOVED AND REPLACED DOS71NG SEA WALL W� NEy� SEA WALL IN THE SAME LOCATIONRAJN BE PROTECTED• NEW COPING\ PLAN VIEW N.T.S. /1 1`0 BE CAST, "�^*r APLICANTS NAME : THE BALBOA BAY CLUB LOT 171 BLOCK 5 J08 .MAKER INC. ADDRESS :1221 WEST COAST HIGHWAY CONTRACTOR : SHELLDATE NEWPORT BEACH, CA 92663 875 B WEST 15th STREET, 108/06/( NEWPORT BEACH, CA 92663 COASTAL COMMISSION PAGE__Z__OF/ .32 EL +9.0' C PROPOSED BULKHEAD M.LL_W. � O.Or _ EL -16.0' nCV4. 21'-0" MIN -- ---- � 28 -6 MAX PROPOSED BLDG I;I CONC WALKWAY IL -------------- --- I � I PROPOSED TIEBACK AND I I DEADMAN II / li II ii I ' I RETAINING WALLS ' PILWERE ERE OC UR BULKHEAD SECTION SOUNDINGS ARE EXPECTED IN FEET AND DENOTE ELEVATIONS BASED ON M$TbMElr'l 50' (f PROPERTY UNE I .I THIS PORTION OF THE EMST114 SEA WALL TO REMAIN AND BE PROTECTED. NEW COPING TO BE CAST. I PROPOSED (10' WIDE WIN) PUBLIC WALKWAY I U.S. BULKHEAD LINE 1,1 -U.S. PIERHEAD LINE I i � ----------- A-R-7' THIS PORTION OF THE ExiST1NG SEA WAU_ TO a REMOVED AND REPLACED DOS71NG SEA WALL W� NEy� SEA WALL IN THE SAME LOCATIONRAJN BE PROTECTED• NEW COPING\ PLAN VIEW N.T.S. /1 1`0 BE CAST, "�^*r APLICANTS NAME : THE BALBOA BAY CLUB LOT 171 BLOCK 5 J08 .MAKER INC. ADDRESS :1221 WEST COAST HIGHWAY CONTRACTOR : SHELLDATE NEWPORT BEACH, CA 92663 875 B WEST 15th STREET, 108/06/( NEWPORT BEACH, CA 92663 COASTAL COMMISSION PAGE__Z__OF/ ■ r xZ ■ � Z COASTAL COMMISSION �o m rm D �+ c o _" l Dm -"HIBIT # 00 n m m m PAGE--/—OF--L— mm x > m z D 2 2 =z om mW r � o� zm C� II OM D ms o C � O � TI -v COASTAL IOMMISSION j -OI -3i17 EXHIBIT # PAGEOF SOUTHERN CALIFORNIA EELGRASS MITIGATION POLICY (Adopted July 31, 1991) Eelgrass (Zoster marina) vegetated areas function as important habitat for a variety of fish and other wildlife. In order to standardize and maintain a consistent policy regarding mitigating adverse impacts to eelgrass resources, the following policy has been developed by the Federal and State resource agencies (National Marine Fisheries Service, U.S. Fish and Wildlife Service, and the California Department of Fish and Game). This policy should be cited as the Southern California Eelgrass Mitigation Policy (revision 8). For clarity, the following definitions apply. "Project" refers to work performed on-site to accomplish the applicant's purpose. "Mitigation" refers to work performed to compensate for any adverse impacts caused by the "project". "Resource agencies" refers to National Marine Fisheries Service, U.S. Fish and Wildlife Service, and the California Department of Fish and Game. 1. Mitigation Need. Eelgrass transplants shall be considered only after the normal provisions and policies regarding avoidance and minimization, as addressed in the Section 404 Mitigation Memorandum of Agreement between the Corps of Engineers and Environmental Protection Agency, have been pursued to the fullest extent possible prior to the development of any mitigation program. 2. Mitigation Map. The project applicant shall map thoroughly the area, distribution, density and relationship to depth contours of any eelgrass beds likely to be impacted by project construction. This includes areas immediately adjacent to the project site which have the potential to be indirectly or inadvertently impacted as well as areas having the proper depth and substrate requirements for eelgrass but which currently lack vegetation. Protocol for mapping shall consist of the following format: 1) Coordinates Horizontal datum - Universal Transverse Mercator (U'I'1V1), NAD 83, Zone 11 Vertical datum - Mean Lower Low Water (MLLW), depth in feet. 2) Units Transects and grids in meters. Area measurements in square meters/hectare.:. All mapping efforts must be completed during the active growth phase for the vegetation (typically March through October) and shall be valid for a period of 120 days with the exception of surveys completed in August - October. COASTAL COMMISSION EXHIBIT # E PAGE_ CF A survey completed in August - October shall be valid until the resumption of active growth (i.e., March 1). After project construction, a post -project survey shall be completed within 30 days. The actual area of impact shall be determined from this survey. 3. Mitigation Site. The location of eelgrass transplant mitigation shall be in areas similar to those where the initial impact occurs. Factors such as, distance from project, depth, sediment type, distance from ocean connection, water quality, and currents are among those that should be considered in evaluating potential sites. 4. Mitigation Size. In the case of transplant mitigation activities that occur concurrent to the project that results in damage to the existing eelgrass resource, a ratio of 1.2 to 1 shall apply. That is, for each square meter adversely impacted, 1.2 square meters of new suitable habitat, vegetated with eelgrass, must be created. The rationale for this ratio is based on, 1) the time (i.e., generally three years) necessary for a mitigation site to reach full fishery utilization and 2) the need to offset any productivity losses during this recovery period within five years. An exception to the 1.2 to 1 requirement shall be allowed when the impact is temporary and the total area of impact is less than 100 square meters. Mitigation on a one-for-one basis shall be acceptable for projects that meet these requirements (see section 11 for projects impacting less than 10 square meters). Transplant mitigation completed three years in advance of the impact (i.e., mitigation banks) will not incur the additional 20% requirement and, therefore, can be constructed on a one-for-one basis. However, all other annual monitoring requirements (see sections 8-9) remain the same irrespective of when the transplant is completed. Project applicants should consider increasing the size of the required mitigation area by 20-30% to provide greater assurance that the success criteria, as specified in Section 9, will be met. In addition, alternative contingent mitigation must be specified, and included in any required permits, to address situation where performance standards (see section 9) are not met. 5. Mitigation Technique. Techniques for the construction and planting of the eelgrass mitigation site shall be consistent with the best available technology at the time of the project. Donor material shall be taken from the area of direct impact whenever possible, but also should include a minimum of two additional distinct sites to better ensure genetic diversity of the donor plants. No more than 10% of an existing bed shall be harvested for transplanting purposes. Plants harvested shall be taken in a manner to thin an existing bed without leaving any noticeable bare areas. Written permission to harvest donor plants must be obtained from the California Department of Fish and Game. Plantings should consist of bare -root bundles consisting of 8-12 individual turions. Specific spacing of transplant units shall be at the discretion of the project applicant. However, it is understood that whatever techniques are employed, they must comply with the stated requirements and criteria. 6. Mitigation Timing. For off-site mitigation, transplanting should be started prior to or concurrent with the initiation of in -water construction resulting in the impact to the eelgrass bed. Any off-site mitigation project which fails to initiate transplanting work within 135 days following the initiation of the in -water construction resulting in impact to the eelgrass bed will be subject to additional mitigation requirements as specified in section 7. For on-site mitigation, transplanting should be postponed when construction work is likely to impact the mitigation. However, transplanting of on-site mitigation should be started no later than 135 days after initiation of in -water construction activities. A construction schedule which includes specific starting and ending dates for all work including mitigation activities shall be provided to the resource agencies for approval at least 30 days prior to initiating in -water construction. 7. Mitigation Delay. If, according to the construction schedule or because of any delays, mitigation cannot be started within 135 days of initiating in -water construction, the eelgrass replacement mitigation obligation shall increase at a rate of seven percent for each month of delay. This increase is necessary to ensure that all productivity losses incurred during this period are sufficiently offset within five years. 8. Mitigation Monitoring. Monitoring the success of eelgrass mitigation shall be required for a period of five years for most projects. Monitoring activities shall determine the area of eelgrass and density of plants at the transplant site and shall be conducted at 3, 6, 12, 24, 36, 48, and 60 months after completion of the transplant. All monitoring work must be conducted during the active vegetative growth period and shall avoid the winter months of November through February. Sufficient flexibility in the scheduling of the 3 and 6 month surveys shall be allowed in order to ensure the work is completed during this active growth period. Additional monitoring beyond the 60 month period may be required in those instances where stability of the proposed transplant site is questionable or where other factors may influence the long-term success of transplant. The monitoring of an adjacent or other acceptable control area (subject to the approval of the resource agencies) to account for any natural changes or fluctuations in bed width or density must be included as an element of the overall program. A monitoring schedule that indicates when each of the required monitoring events will be completed shall be provided to the resource agencies prior to or concurrent with the initiation of the mitigation. Monitoring reports shall be provided to the resource agencies within 30 days after the completion of each required monitoring period. 9. Mitigation Success. Criteria for determination of transplant success shall be based upon a comparison of vegetation coverage (area) and density (turions per square meter) between the project and mitigation sites. Extent of vegetated cover is defined as that area where eelgrass is present and where gaps in coverage are less than one meter between individual turion clusters. Density of shoots is defined by the number of turions per area present in representative samples 3 C 2 .J within the control or transplant bed. Specific criteria are as follows: a. a minimum of 70 percent area of eelgrass bed and 30 percent density after the first year. b. a minimum of 85 percent area of eelgrass bed and 70 percent density after the second year. c. a sustained 100 percent area of eelgrass bed and at least 85 percent density for the third, fourth and fifth years. Should the required eelgrass transplant fail to meet the established criteria, then a Supplementary Transplant Area (STA) shall be constructed, if necessary, and planted. The size of this STA shall be determined by the following formula: STA = MTA x (JA, + DJ - Ik + DJ) MTA = mitigation transplant area. At = transplant deficiency or excess in area of coverage criteri:)n (%). D, = transplant deficiency in density criterion (%). A, = natural decline in area of control (%). D, = natural decline in density of control (%). Four conditions apply: 1) For years 2-5, an excess of only up to 30% in area of coverage over the stated criterion with a density of at least 60% as compared to the project area may be used to offset any deficiencies in the density criterion. 2) Only excesses in area criterion equal to or less than the deficiencies in density shall be entered into the STA formula. 3) Densities which exceed any of the stated criteria shall not be used to offset any deficiencies in area of coverage. 4) Any required STA must be initiated within 120 days following the monitoring event that identifies a deficiency in meeting the success criteria. Any delays beyond 120 days in the implementation of the STA shall be subject to the penalties as described in Section 7. 10. Mitigation Bank. Any mitigation transplant success that, after five years, exceeds the mitigation requirements, as defined in section 9, may be considered as credit in a "mitigation bank'. Establishment of any "mitigation bank" and use of any credits accrued from such a bank must be with the approval of the resource agencies and be consistent with the provisions stated in this policy. Monitoring of any approved mitigation bank shall be conducted on an annual basis until all credits are exhausted. Z -f 4 I I 1. Exclusions. 1) Placement of a single pipeline, cable, or other similar utility line across an existing eelgrass bed with an impact corridor of no more than %Z meter wide may be excludedfrom provisions of this policy with concurrence of the resource agencies. After project from the post -project survey shall be completed within 30 days and the results shall be sent to agencies. The actual area of impact shall be. determined fr P t construction, a shall be completed after 12 months to insure that the ro'ec m this surve the resource have not exceeded the allowed %2 meter corridor width. Y additional survey P 1 or impacts attributable to the project survey demonstrate a loss of eelgrass greater than the z meter wide corridor, eh or i month Pursuant to sections 1-11 of this policy shall be required, then mitigation 2) Projects impacting less than 10 square meters. For these projects an e r requested by a project applicant from the mitigation requirements as s provided suitable Outapplicant mitigation is proposed. A case -b his p policy, may determination regarding the applicability s the requested fated in this policy, y -case evaluation and resource agencies. eq sted exemption shall be made by the ( last revised 2/2/99) 5 E5— Aug -13-01 09:32A CASH & ASSOCIATES Engineering and Architecture Date: 6//3/ 2001 Total Pages ;with cover); 2— FAX Cover C)niv: F-1 C&A Project No.: - -- f , Project Description: P.O1 FAX COVER SHEET Items s Transmitted: cmc 4IO.0 Gt � e i� f �s'v � �„✓ .d,ts;,�/ 7 L �- Message and/or Action Requested: Per Your Request. -i For Your Information. Please Review and Contact. LJ Please Contact If Any Questions or Comments. Please Give This Your IMMEDIATEATTENTION. F] Other: Please Contact me Via: r-� Phone at (714) 895-2072 at (7) 4) 895-1291 CJ My E -Mail at _@ cash associates. com Original/Duplicate: Will Not Be Sent. Will Be Sent Via: U.S. Mail 11 FedEx f Golden State C E -Mail Courier Other: _ Comments:0 7 45 ✓ - , -- ---- _ -- --_ CopiesTo: -----.........---._._._ ........— -- - - 5772 Bolsa Avenue, Suite 100 Huntington Beach,CA USA 92649 Mail: P.O. Box 2715 (92647) Phone Numbers: Office: (714) 895-2072 - or - (562) 426-6145. FAX (71 4) 895-1291 Aug -13-01 09:32A NEW CONCRETE DEADMAN NEW TIE BACKS - LAND t EXISTING CONCRETE SHEET PILE SEAWALL BLOCK OUT FOR THE ROD. PA TCN WITH GROUT AFTER TIE ROD INSTALLATION P.02 HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH /3`0/ WATER NEW REINFORCED MASONRY RETAINING WALL 2 EXISTING CONCRETE CAP, TO REMAIN LNEWREINFORCE0 a; 4 CONCRETE WALER MLL W=0.0 fm SECTION ® MODIFICATIONS TO EXISTING SEAWALL EEL GRASS INSPECTION fX NO EEL GRASS WITHIN 15' OF PROJECT ❑ EEL GRAS THE PROJE T AREA SIGNATURE PERMIT # AT PURPOSE. Modification of Existing Sea Wall Datum: MLLW = 0 Adi. Property Owners: 1. See Attached List 2. 3. SECTION 0 1 Z' 4' 8' r8' GRAPHIC SCALE 1/8"-7'-0" Owner: Mr. & Mrs. Schulze Address: 2646 Bayshore Drive Newport Beach, CA 92663 Proposed Modification of existing Sea Wail AT: NEWPORT BEACH County of Orange State: CA. Application By: Cash & Associates Sheet- of -L Date: 7/5/01 H:\OMY\576601\576601—=mda q - PLOT SMC: 1:1 Ps PW Oct*: 1/05/01 DEPARTMENT OF THE ARMY (. LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 REPLY TO September 10, 2001 Office of the Chief Regulatory Branch Shellmaker, Inc. 875 B West 15th Steet Newport Beach, California 92663 To Whom it May Concern: M_ Reference is made to your request of August 14, 2001 (File No. 200101380-JLB). Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to remove and replace 549' of an existing 604' bulkhead system at the Balboa Bay Club in Newport Bay in Newport Beach, Orange County, California. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Thank you for participating in our regulatory program. Sincerely, David J. Castanon Chief, North Coast Section Regulatory Branch 7\D_X__) v%_S I 01 -'Ll 01 PERMITTEE DATE M When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities associated }� - wig}: its tem— end condit;ons have the transferee sign and date below. w�uL CO---cO---Lp anc, , - TRANSFEREE Enclosures �� IN PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on October 1, 2004. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this pertnit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. 6. The permitee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or :,vork herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structure work or obstructions caused thereby, without expense to the United States. No claim shall be mad against the United States on account of any such removal or alteration. -4 - Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described I- i n C al, u • :' „d u rbors Act of 1 RUQ (33 U.S.C, 403)_ avove pursuant tv Section 1v o. uae .1. s �.... 2 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights, of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). -5- c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give you favorable consideration to a request for an extension of this time limit. LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: 200101380-JLB Name of Permittee: Balboa Bay Clubs Date of Issuance: Upon completion of the activity authorized by this permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers Regulatory Branch ATTN: CESPL-CO-R-200101380-JLB P.O Box 532711 Los Angeles, CA 90053-2325 Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit. Signature of Permittee Date STATE OF CALIFORNIA - THE RESOURCES F 14CY GRAY DAVIS, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite .1000 Long Beach, CA 90802-4302 Filed: 10/11/01 (562)590-5071 49th Day: 11/29/01 180th Day: 4/9/02 r Staff: MV -LB, Tu 13 J Staff Report: 10/24/01 Hearing Date: 11/11-14/01 Commission Action: STAFF REPORT: REGULAR CALENDAR APPLICATION NUMBER: 5-01-319 APPLICANT: Balboa Bay Club Inc. AGENT: Dave Neish Culbertson, Adams & Associates PROJECT LOCATION: 1221 West Coast Highway, Newport Beach, Orange County PROJECT DESCRIPTION: Replacement of 549 feet of an existing 604 foot bulkhead. The remaining 55 feet is proposed to have the tiebacks and deadmen replaced, leaving the existing panels intact. The proposed bulkhead will be placed in the same location and alignment as the existing bulkhead. No fill of coastal waters is proposed. Excavation immediately landward of the bulkhead is proposed in the amount of 1,900 cubic yards of cut to be replaced in place as 1,900 cubic yards of fill. The proposed project will also raise the bulkhead height to conform with the City of Newport Beach's requirement of +9 feet above Mean Lowest Low Water. LOCAL APPROVALS RECEIVED: City of Newport Beach Harbor Resources Division Permit No. 129-1221. SUBSTANTIVE FILE DOCUMENTS: Coastal Development Permit No. 5-94-265 (Balboa Bay Club); Coastal Development Permit Amendment 5-94-265 Al (Balboa Bay Club); City of Newport Beach certified Local Coastal Program. SUMMARY OF STAFF RECOMMENDATION: Staff recommends approval of the proposed project with four special conditions which require that: 1) the proposed best management practices be carried out as proposed in order to assure that adverse impacts to marine resources including water quality and eelgrass are minimized; 2) the post -construction eelgrass survey be submitted to the Executive Director and that any necessary mitigation be carried out as proposed; 3) the public access walkway remain free of any development which would obstruct or limit public use and be available to the general public at any time the club facilities are available to members of the private club; and 4) Regional Water Quality Control Board approval. These special conditions are necessary in order to find the proposed project consistent with Sections 30230 and 30231 of the Coastal Act which require that adverse impacts to marine resources including water quality and marine life be minimized and with Section 30210 of the Coastal Act which requires that public access be maximized. 5-01-319 (Balboa Bay Club) Page 2 STAFF RECOMMENDATION: Staff recommends that the Commission APPROVE the permit application with special conditions. MOTION: I move that the Commission approve CDP #5-01-319 pursuant to the staff recommendation. Staff recommends a YES vote. This will result in approval of the permit as conditioned and adoption of the following resolution and findings. The motion passes only by affirmative vote of a majority of the Commissioners present. The staff recommends that the Commission adopt the follo'Ning resolution: APPROVAL WITH CONDITIONS The Commission hereby GRANTS a permit, subject to the conditions below, for the proposed development on the grounds that the development will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, 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, and will not have any significant adverse effects on the environment within the meaning of the California Environmental Quality Act. II. STANDARD CONDITIONS: Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. 5-01-319 (Balboa Bay Club) Page 3 SPECIAL CONDITIONS 1. Marine Resources Best Management Practices Construction of the proposed project, bulkhead repair and replacement, shall incorporate the Best Management Practices (BMPs) as proposed by the applicant and as further described in the findings of this staff report. Specifically, the proposed bulkhead repair project shall include: 1) the placement of a float to catch any debris that may inadvertently fall from the project site and would otherwise enter the adjacent harbor water; 2) construction methods limiting virtually all work to the landward side of the bulkhead (the only exception is placement of wooden forms to shape new concrete for the replacement coping); 3) placement of a turbidity curtain; 4) removal of only relatively short segments (approximately 100 foot stages) of the bulkhead wall at a time and then replacement as soon as possible; 5) all excavated material shall be stored a minimum of 40 feet inland of the bulkhead; 6) the perimeter of the eelgrass patch shall be marked with buoys prior to initiation of construction; 7) all debris and trash shall be disposed of in a suitable trash container on land at the end of each construction day; 8) vessels working in the vicinity of the eelgrass bed shall not anchor within the eelgrass vegetation; 9) discharge of any hazardous materials into the bay shall be prohibited; and 10) a post -construction eelgrasss survey shall be conducted by a qualified marine biologist to identify whether any eelgrass habitat was adversely affected by the project; 11) debris discharged into coastal waters shall be recovered by divers as soon as possible after loss; 12) all construction materials, other than lumber, that are stored on-site shall be stored in a covered area, or shall be contained from below and above so that no materials come into contact with the ground surface or rainwater. 2. Eelarass Mitigation Within thirty (30) days of completion of construction, the post -construction eelgrass survey shall be submitted for the review and approval of the Executive Director. If the post -construction eelgrass survey identifies any loss of eelgrass or other adverse effect on the eelgrass, mitigation to offset the adverse impacts shall be carried out consistent with the Southern California Eelgrass Mitigation Policy (National Marine Fisheries Service 1991, as amended.) The Southern California Eelgrass Mitigation Policy is attached as exhibit E. If adverse impacts to the eelgrass are identified and the mitigation plan is implemented, the location of the source of eelgrass to be transplanted shall be identified. The Executive Director will determine in writing whether carrying out the mitigation plan will require an amendment to this permit or a new coastal development permit. 3. Public Access Walkway The 10 foot wide public access walkway shall remain free of any development which would obstruct or limit public use. The pubic access walkway shall be available to the general public at any time the club facilities are available to members of the private club. The applicant shall ensure that these requirements are carried out. 4. REGIONAL WATER QUALITY CONTROL BOARD APPROVAL PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall provide to the Executive Director a copy of a permit issued by the Regional Water Quality Control Board, or letter of permission, or evidence that no permit or permission is required. The applicant 5-01-319 (Balboa Bay Club) Page 4 shall inform the Executive Director of any changes to the project required by the Regional Water Quality Control Board. Such changes shall not be incorporated into the project until the applicant obtains a Commission amendment to this coastal development permit, unless the Executive Director determines that no amendment is required. IV. FINDINGS AND DECLARATIONS: The Commission hereby finds and declares: A. Project Description The applicant proposes to replace 549 feet of an existing 604 foot bulkhead. The remaining 55 feet is proposed to have the tiebacks and deadmen replaced, leaving the existing panels intact. The proposed bulkhead will be placed in the same location and alignment as the existing bulkhead. No fill of coastal waters is proposed. Excavation immediately landward of the bulkhead is proposed in the amount of 1,900 cubic yards of cut to be replaced in place as 1,900 cubic yards of fill once the bulkhead replacement is complete. The proposed project will also raise the bulkhead height to conform with the City of Newport Beach's requirement of +9 feet above Mean Lowest Low Water. The replacement bulkhead is proposed to be of conventional construction with precast tongue and groove panels held together with a concrete coping tied back to a deadman system. The bulkhead system is structurally independent of the neighboring bulkheads, and so is not proposed to be tied in to the adjacent bulkheads. The existing bulkhead includes a six foot cantilever for a length of 399 feet. The proposed bulkhead includes a five foot cantilever along 63 feet (see exhibit C). All work is proposed to take place from the landward side of the bulkhead, except during brief periods when some of the forming of the coping takes place. The only other elements of the project proposed to be in or over the water are a turbidity curtain and a float to catch any project debris that may inadvertently fal! during construction. Small work vessels are anticipated to be used only to place the debris barriers and the wooden forms for the new concrete coping. No large equipment such as deep -draft barges or construction equipment is proposed seaward of the bulkhead. Such equipment would not fit in the limited space between the bulkhead and existing boat docks (see exhibit D). Construction debris will be taken to Nu -Way Live Oak Landfill in Irwindale, outside the coastal zone. There it will be recycled into roadbase. B. Proiect Location and Permit Histo Project Previously Approved at the Site The landward side of the subject site is developed with the Balboa Bay Club. RFnovations to the Bay Club were approved under coastal development permit 5-94-265. The renovations approved included a major remodel and expansion and some demolition. The resultant project included 189,000 square feet of facilities, a parking structure and an increase in guest rooms from 128 to 144. 5-01-319 (Balboa Bay Club) Page 5 Prior to approval of coastal development permit 5-94-265 all use of the site was private, available only to club members and their guests. As approved under 5-94-265 by the Commission, the project at the site will provide some public uses, although some areas on site will remain available to club members only. The club renovation. project includes a ten foot wide public access walkway extending from Coast Highway through the entry area of the club to the bulkhead adjacent to the bay and along the bulkhead to the southern edge of the property. An amendment to coastal development permit 5-94-265 was approved by the Commission on February 15, 2000. The amendment to 5-94-265 allowed an increase in square footage of the facilities, partially to correct an error in the previous square footage calculation. No changes to the project approved under coastal development permit 5-94-265 or 5-94-265 Al are proposed. The proposed project will retain the 10 foot wide public access walkway along the revised bulkhead. 2. Project Location The subject site is located on West Coast Highway and fronts on Lido Channel in Newport Harbor. Thus, the site is between the sea and the first public road paralleling the sea. In 1919, the State granted all tide and submerged. lands to the City. In 1952 the subject site was determined to be State tide and submerged land.. Prior to that determination, in 1948, the City leased the site to a private entity. The private entity or what is now the Balboa Bay Club. The lease covering the site was extended in 1986 subject to a requirement that the availability of current and potential public facilities for public trust purposes be dramatically improved. The project approved under coastal development permit 5-94-265 significantly increased public access at the subject site, consistent with the requirement that public access be dramatically improved. As conditioned, the proposed development will not interfere with the approved public access on site. C. Marine Environment Section 30230 of the Coastal Act states: Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes. Section 30231 of the Coastal Act states: The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. 5-01-319 (Balboa Bay Club) Page 6 Newport Harbor (Lower Newport Bay) is a critical coastal water body on the federal Clean Water Act 303(d) list of "impaired" water bodies. The designation as "impaired" means the quality of the water body cannot support beneficial recreation and aquatic uses. The listing is made by the California Regional Water Quality Control Board, Santa Region (RWQCB), and the State Water Resources Control Board (SWRCB), and confirmed by the U.S. Environmental Protection Agency. Further, the RWQCB has targeted the Newport Bay watershed, which includes Newport Harbor, for increased scrutiny as a higher priority watershed under its Watershed Management Initiative. The proposed project, repair and replacement of a bulkhead, will take place adjacent to the coastal waters and marine environment of Newport Harbor. The Coastal Act requires that adverse effects of this project on coastal waters and the marine environment be minimized. In order to assure that adverse effects are minimized, best management practices (BMPs) must be incorporated into the project. BMPs are used, among other things, to reduce the amount of pollutants introduced into the adjacent water by the proposed project. Water Quality As proposed the project includes a number of BMPs to reduce adverse impacts the project may have. For example, the proposed project includes a BMP that would require the placement of a float to catch any debris that may inadvertently fall from the project site and would otherwise enter the adjacent harbor water. The float would be on the seaward side of the bulkhead, adjacent to the location of each day's work. This proposed BMP will significantly minimize the potential amount of pollutants that could otherwise accidentally fall into the water as a result of the proposed project. Another BMP proposed as part of the project is to conduct virtually all work from the landward side of :he bulkhead. The only exceptions to this would be the float described above, placement of a turbidity curtain (described below), and the limited presence of a small vessel seaward of the bulkhead during the forming of some of the coping. All excavation will occur landward of the bulkhead and is proposed to be tracked by hydraulic excavator and all lifting by a truck crane. No construction equipment will need to be placed in or over the water. All waste will be removed by truck. Thus, construction equipment or materials that would need to be placed in the harbor water or on barges in the water is significantly reduced. By reducing the use of water area for construction or construction staging, the potential for debris and pollutants to enter the water is significantly reduced. Also proposed as a BMP is the placement of a turbidity curtain as needed to control turbidity. Water turbidity reduces light levels and can settle on organisms in the project vicinity. This BMP will minimize these adverse effects by preventing the spread of debris and turbid waters within the bay. The proposed method of construction constitutes an additional BMP. As proposed, only relatively short segments (approximately 100 foot stages) of the wall are to be removed at a time and then replaced as soon as possible. This BMP would minimize the amount of time the site is exposed to potential erosion or sloughing into the water. Finally, all excavated material will be stored 40 feet inland of the bulkhead. This would also have effect of minimizing potential erosion into the water because of the distance from the water to the stored material. In addition to the BMPs proposed by the applicant, some additional BMPs would further reduce adverse water quality impacts resulting from the project. Although a float to catch debris is 5-01-319 (Balboa Bay Club) Page 7 proposed to be in place during construction, it is possible that some debris may still fall into the water. This possibility must be addressed. If debris should fall into the water, it should be removed as soon as possible to. minimize any adverse impacts. This could be accomplished by having divers remove the debris as soon as possible, but in any case no later than at the end of the work day. Another BMP which would further decrease adverse water quality impacts would be to store all on-site construction material in a covered area. Alternately, if not stored in a covered area, the on-site construction material could be contained from below and above so that no material comes into contact with the ground surface or rainwater. This BMP would have the effect of keeping construction material residue from being washed into the harbor water by rainwater. The addition of these two BMPs to the applicant's already proposed BMPs would help to significantly reduce potential pollutants from entering the coastal waters adjacent to the site. 2. Biological Productivity An Eelgrass Investigation was prepared for the proposed project by Coastal Resources Management, dated September 13, 2001. The eelgrass investigation revealed one, 119 square foot patch of eelgrass at the west end of the bulkhead at depths between —3 and —5 feet mean lowest low water. The patch of eelgrass was located between 3 and 10 feet away from the bulkhead (see exhibit D). The Eelgrass Investigation states: "There will be no direct loss of eelgrass as a result of the seawall [bulkhead] renovation since the footprint of the new seawall will be the same as the one to be replaced." The Investigation finds, however, that secondary losses of eelgrass could potentially occur from reduced water clarity (increased water turbidity) associated with any hydrojetting or pile driving activity that disturbs and resuspends bottom sediments. Higher water turbidity could (1) reduce underwater light levels and/or (2) resettle on top of the eelgrass. The Eelgrass Investigation provides steps to be taken to avoid the secondary effects mentioned above on the eelgrass patch. These include the measures already identified above as well as further measures. The measures recommended by the biological consultant as necessary to avoid the secondary effects to eelgrass are: 1) marking the perimeter of the eelgrass patch with buoys prior to the initiation of construction to assist the contractor in avoiding damage to the eelgrass bed; 2) debris and silt curtains to minimize the spread of debris and turbid waters; 3) disposing of all debris and trash in a suitable trash container on land at the end of each construction day; 4) placement of a protective barrier to prevent concrete and other larger debris from falling into the bay; 5) vessels working in the vicinity of the eelgrass bed will not anchor within the eelgrass vegetation [only very small vessels such as skiffs are expected to be used for very limited waterside work. The size of any vessel working on the water side of the project is limited due to the space available. The width between the bulkhead and the adjacent docks is only 6 to 10 feet.]; 6) prohibit discharge of any hazardous materials into the bay; and 7) a post -construction eelgrasss survey will be conducted by a qualified marine biologist to ensure no eelgrass habitat was adversely affected by the project. If the post -construction eelgrass survey identifies any adverse impacts, then a mitigation program to replace (transplant) eelgrass back to the project site is proposed by the applicant. The eelgrass replacement proposed if necessary will be conducted to the specifications set forth in the Southern California Eelgrass Mitigation Policy (National Marine Fisheries Service 1991, as amended) (See exhibit E). The post -construction eelgra,3s survey is proposed to be submitted to the Coastal Commission. This will notify Commission staff of any secondary effects to eelgrass that did occur 5-01-319 (Balboa Bay Club) Page 8 as a result of the project and .allow for follow up to assure that any mitigation, if necessary, is carried out as proposed. The Eelgrass Investigation also notes that the revised bulkhead will reduce the area of cantilever over the top of the bulkhead. The renovated bulkhead design will be reduced in cantilever length from approximately 399 feet to 63 feet and the remaining cantilevered area will extend only 5 feet rather than the previous 6 feet. This represents a reduction in cantilever area of 85%. Eelgrass needs sunlight to grow. A reduction in the area of the cantilever reduces the amount of shading in the area, thereby potentially increasing the possibility of increased eelgrass coverage. Therefore the proposed new design potentially benefits the subtidal area adjacent to the revised bulkhead. 3. Other Marine Organisms The Eelgrass Investigation also examined the area within the project vicinity for other organisms. Sixteen common types of algae, invertebrates and fish were observed during the survey. Most of these were associated with the existing bulkhead structure that provided attachment surfaces for these plants and animals. The Eelgrass Investigation states: "An initial loss of marine plants and animals that live on the existing seawall [bulkhead] will occur when the seawall is demolished. These fouling organisms (mussels, algae, sea squirts) will begin to recolonize the new seawall following the completion of construction." 4. Regional Water Quality Control Board The Regional Water Quality Control Board (RWQCB) oversees water quality issues in the region. Since the proposed project has the potential to affect water quality, the development requires review by the RWQCB. At the time of this staff report, evidence of final RWQCB review and sign - off had not yet been received. Consequently, the proposed development has yet to be found in conformance with current water quality standards by the RWQCB. To ensure that the project is acceptable to the RWQCB and will not adversely affect water quality, Special Condition No. 4 requires that the applicant provide written evidence of RWQCB approval prior to issuance of a coastal development permit. If the RWQCB approval results in changes to the currently proposed project, the applicant may be required to obtain an amendment to the current coastal development permit. Only as conditioned does the Commission find that the proposed development conforms with Sections 30230 and 30231 of the Coastal Act. Conclusion The Eelgrass Investigation prepared for the proposed project concludes: And: "The presence of the new seawall will not result in any long-term loss of marine habitat or marine life since the seawall [bulkhead] structure will be the same size and replaced within the footprint of the existing seawall." "The project will have a beneficial impact on marine life because less area will be shaded between the docks and the seawall [bulkhead] and this will promote the growth of a greater diversity of algae and potentially eelgrass. Eelgrass currently grows 3 to 6 feet away from the seawall where a cantilever structure is present without any adverse effects. The 5-01-319 (Balboa Bay Club) Page 9 removal of the cantilever structure will promote additional eelgrass growth in the absence of any shading effect caused by the cantilevered seawall." As proposed, the project will minimize many of the potential adverse effects it may have on water quality and marine resources. However, the additional BMPs described above would reduce the potential for adverse impacts even further. In order to assure that adverse impacts to water quality and marine organisms are indeed minimized by these BMPs, there must be an assurance that they will be carried out. Therefore a special condition is imposed which requires that the BMPs described above are incorporated into the project. Only as conditioned can the project be found to be consistent with Sections 30230 and 30231 of the Coastal Act, which require that coastal waters and the marine environment be maintained and enhanced. D. Public Access Section 30210 of the Coastal Act states: In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse. The project approved under coastal development permit No. 5-94-265 included a minimum 10 foot wide public access walkway extending from Coast Highway to the bulkhead and along the bulkhead to the southern edge of the property. The seaward most portion of the approved public access walkway (the segment along the bulkhead) falls within the area of the proposed project. This is the segment of the walkway that allows members of the general public to actually stroll along the edge of the bay and experience unobstructed views of the harbor. The findings for approval of coastal development permit 5-94-265 state: `7n order for the walkway to be useful, a minimum of ten feet of clear passage must be devoted exclusively to the public access walkway. The walkway must be adjacent to the bulkhead to assure that the public viewing of the marina and bay from the walkway will not be impinged upon." Section 30210 requires that public access be maximized. In order to assure that public access is maximized at the subject site it is essential that the proposed project not result in any reduction or limitation in the size, location or use of the public access walkway approved under coastal development permit 5-94-265. Information submitted with the current application states: "The deck in question is in fact the public access walkway as indicated and approved in Coastal Development Permit No. 5-94-265. The location of the deck/public walkway has not changed and public use of the walkway will not be physically or visually hampered." As proposed the bulkhead repair and replacement project will not lessen the public benefits of the walkway approved by the Commission under coastal development permit 5-94-265. However, because maximizing public access is an extremely high priority under the Coastal Act and because the proposed project is in the same location as the public access walkway, an informational special condition is included as part of the approval of this project. This special condition restates and re- imposes the conditions of coastal development permit 5-94-265 regarding the public access walkway. This special condition requires that the 10 foot wide public access walkway remain free 5-01-319 (Balboa Bay Club) Page 10 of any development which would obstruct or limit public use and that the pubic access walkway be available to the general public at any time the facility is available to the private club members. Therefore, as conditioned, the Commission finds the proposed project is consistent with Section 30210 of the Coastal Act which requires that public access be maximized. E. California Environmental Quality Act Section 13096 of the Commission's regulations requires Commission approval of Coastal Development Permit applications to be supported by a finding showing the application, as conditioned by any conditions of approval, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect which the activity may have on the environment. The proposed project is located in an urban area. All infrastructures necessary to serve the site exist in the area. As conditioned, the proposed project has been found consistent with the marine resources and public access policies of Chapter 3 of the Coastal Act. These conditions also serve to mitigate any significant adverse impacts under CEQA. Mitigation measures requiring that the water quality and marine resources best management practices be carried out as proposed; that approval from the RWQCB be submitted; and that the public access walkway remain free of obstructions and available to the general public will minimize any significant adverse effects that the activity may have on the environment. There are no other feasible alternatives or mitigation measures available which will lessen any significant adverse impact the activity would have on the environment. Therefore, the Commission finds that the proposed project is consistent with CEQA and the policies of the Coastal Act. 5-01-319 BBC RC 11.01 my P A C I F I CRETAINING WALLS/ PC E AIN � nEW � 41 PILES WHERE OCCUR VICINITY YAP N.T.S. „ ►1TY��(CPICAL BULKHEAD SECTION N NEWPORT HAY, CALIFORNIA SOUNDINGS ARE EXPECTED IN FEET AND DENOTE ELEVATIONS BASED ON ' MEAN LOWER LOW WATER. THIS PORTION OF THE ExiSTING SEA WALL TO BE REMOVED AND REPLACED EaSTINC SEA WALL W/ NEW SEA WALL IN THE SAME LOCATION PROTECTEDD AIN ANBE NEW COPING PLAN VIEW N.T.S. t0 BE CAST. "�T* APLICANTS NAME : THE BALBOA BAY CLUB LOT 171 BLOCK 5 JOB ADDRESS.: 1221 WEST COAST HIGHWAY CONTRACTOR : SHELLMAKER INC. DATE : NEWPORT BEACH, CA 92663 875 B WEST 15th STREET, 08/06/( NEWPORT BEACH, CA 92663 COASTAL COMMISSION EXHIBIT # PAGE--.L--OF/_ I co PROPERTY UNE / '' •' PROPERTY UNE XTHISPORTION ''' OF THE 11151114 SFJ WALL TO OF CA��F f' `Hp REMAIN AND BE PROTECTED. NEW COPING ' ;� rfF*10d f TO BE CAST. .326': ` 1 SO' f r' i �✓ r , ` r" ./ '�' FACE OF ,," � .. 44 BLDG u fFA OF BLDG � �ROP , 1 PROPOSED (10' WIDE MIN) PUBLIC WALKWAY -H U.S. BULKHEAD LINE I U.S. PIERHEAD UNE L 487' 60 THIS PORTION OF THE ExiSTING SEA WALL TO BE REMOVED AND REPLACED EaSTINC SEA WALL W/ NEW SEA WALL IN THE SAME LOCATION PROTECTEDD AIN ANBE NEW COPING PLAN VIEW N.T.S. t0 BE CAST. "�T* APLICANTS NAME : THE BALBOA BAY CLUB LOT 171 BLOCK 5 JOB ADDRESS.: 1221 WEST COAST HIGHWAY CONTRACTOR : SHELLMAKER INC. DATE : NEWPORT BEACH, CA 92663 875 B WEST 15th STREET, 08/06/( NEWPORT BEACH, CA 92663 COASTAL COMMISSION EXHIBIT # PAGE--.L--OF/_ mx ■ m z0 COMMISSION � A n z m m -lHIBIT #� d' C m a PAGE OF x N � s z x 1.1 z 9m M:� r— w C)3 C un b z m cm COASTAL IOMMISSION EXHIBIT # PAGE OF SOUTHERN CALIFORNIA EELGRASS MITIGATION POLICY (Adopted July 31, 1991) Eelgrass (o t r marina) vegetated areas function as important habitat for a variety of fish and other wildlife. In order to standardize and maintain a consistent policy regarding mitigating adverse impacts to eelgrass resources, the following policy has been developed by the Federal and State resource agencies (National Marine Fisheries Service, U.S. Fish and Wildlife Service, and the California Department of Fish and Game). This policy should be cited as the Southern California Eelgrass Mitigation Policy (revision 8). For clarity, the following definitions apply. "Project" refers to work performed on-site to accomplish the applicant's purpose. "Mitigation" refers to work performed to compensate for any adverse impacts caused by the "project". "Resource agencies" refers to National Marine Fisheries Service, U.S. Fish and Wildlife Service, and the California Department of Fish and Game. 1. Mitigation Need. Eelgrass transplants shall be considered only after the normal provisions and policies regarding avoidance and minimization, as addressed in the Section 404 Mitigation Memorandum of Agreement between the Corps of Engineers and Environmental Protection Agency, have been pursued to the fullest extent possible prior to the development of any mitigation program. 2. Mitigation Map. The project applicant shall map thoroughly the area, distribution, density and relationship to depth contours of any eelgrass beds likely 'to be impacted by project construction. This includes areas immediately adjacent to the project site which have the potential to be indirectly or inadvertently impacted as well as areas having the proper depth and substrate requirements for eelgrass but which currently lack vegetation. Protocol for mapping shall consist of the following format: 1) Coordinates Horizontal datum - Universal Transverse Mercator (UTM), NAD 83, Zone 11 Vertical datum - Mean Lower Low Water (MI.LLW), depth in feet. 2) Units Transects and grids in meters. Area measurements in square meters/hectareJ. All mapping efforts must be completed during the active growth phase for the vegetation (typically March through October) and shall be valid for a period of 120 days with the exception of surveys completed in August - October. COASTAL COMMISSION 1 J�-D EXHIBIT # E PAGE OF A survey completed in August - October shall be valid until the resumption of active growth (i.e., March 1). After project construction, a post -project survey shall be. completed within 30 days. The actual area of impact shall be determined from this survey. 3. Mitigation Site. The location of eelgrass transplant mitigation shall be in areas similar to those where the initial impact occurs. Factors such as, distance from project, depth, sediment type, distance from ocean connection, water quality, and currents are among those that should be considered in evaluating potential sites. 4. Mitigation Size. In the case of transplant mitigation activities that occur concurrent to the project that results in damage to the existing eelgrass resource, a ratio of 1.2 to 1 shall apply. That is, for each square meter adversely impacted, 1.2 square meters of new suitable habitat, vegetated with eelgrass, must be created. The rationale for this ratio is based on, 1) the time (i.e., generally three years) necessary for a mitigation site to reach full fishery utilization and 2) the need to offset any productivity losses during this recovery period within five years. An exception to the 1.2 to 1 requirement shall be allowed when the impact is temporary and the total area of impact is less than 100 square meters. Mitigation on a one-for-one basis shall be acceptable for projects that meet these requirements (see section 11 for projects impacting less than 10 square meters). Transplant mitigation completed three years in advance. of the impact (i.e., mitigation banks) will not incur the additional 20% requirement and, therefore, can be constructed on a one-for-one basis. However, all other annual monitoring requirements (see sections 8-9) remain the same irrespective of when the transplant is completed. Project applicants should consider increasing the size of the required mitigation area by 20-30% to provide greater assurance that the success criteria, as specified in Section 9, will be met. In addition, alternative contingent mitigation must be specified, and included in any required permits, to address situation where performance standards (see section 9) are not met. S. Mitigation Technique. Techniques for the construction and planting of the eelgrass mitigation site shall be consistent with the best available technology at the time of the project. Donor material shall be taken from the area of direct impact whenever possible, but also should include a minimum of two additional distinct sites to better ensure genetic diversity of the donor plants. No more than 10% of an existing bed shall be harvested for transplanting purposes. Plants harvested shall be taken in a manner to thin an existing bed without leaving any noticeable bare areas. Written permission to harvest donor plants must be obtained from the California Department of Fish and Game. Plantings should consist of bare -root bundles consisting of 8-12 individual turions. Specific spacing of transplant units shall be at the discretion of the project applicant. However, it is understood that whatever techniques are employed, they must comply with the stated requirements and criteria. 2 6. Mitigation Timing. For off-site mitigation, transplanting should be started prior to or concurrent with the initiation of in -water construction resulting in the impact to the eelgrass bed. Any off-site mitigation project which fails to initiate transplanting work within 135 days following the initiation of the in -water construction resulting in impact to the eelgrass bed will be subject to additional mitigation requirements as specified in section 7. For on-site mitigation, transplanting should be postponed when construction work is likely to impact the mitigation. However, transplanting of on-site mitigation should be started no later than 135 days after initiation of in -water construction activities. A construction schedule which includes specific starting and ending dates for all work including mitigation activities shall be provided to the resource agencies for approval at least 30 days prior to initiating in -water construction. 7. Mitigation Delay. If, according to the construction schedule or because of any delays, mitigation cannot be started within 135 days of initiating in -water construction, the eelgrass replacement mitigation obligation shall increase at a rate of seven percent for each month of delay. This increase is necessary to ensure that all productivity losses incurred during this period are sufficiently offset within five years. 8. Mitigation Monitoring. Monitoring the success of eelgrass mitigation shall be required for a period of five years for most projects. Monitoring activities shall determine the area of eelgrass and density of plants at the transplant site and shall be conducted at 3, 6, 12, 24, 36, 48, and 60 months after completion of the transplant. All monitoring work must be conducted during the active vegetative growth period and shall avoid the winter months of November through February. Sufficient flexibility in the scheduling of the 3 and 6 month surveys shall be allowed in order to ensure the work is completed during this active growth period. Additional monitoring beyond the 60 month period may be required in those instances where stability of the proposed transplant site is questionable or where other factors may influence the long-term success of transplant. The monitoring of an adjacent or other acceptable control area (subject to the approval of the resource agencies) to account for any natural changes or fluctuations in bed width or density must be included as an element of the overall program. A monitoring schedule that indicates when each of the required monitoring events will be completed shall be provided to the resource agencies prior to or concurrent with the initiation of the mitigation. Monitoring reports shall be provided to the resource agencies within 30 days after the completion of each required monitoring period. 9. Mitigation Success. Criteria for determination of transplant success shall be based upon a comparison of vegetation coverage (area) and density (turions per square meter) between the project and mitigation sites. Extent of vegetated cover is defined as that area where eelgrass is present and where gaps in coverage are less than one meter between individual turion clusters. Density of shoots is defined by the number of turions per area present in representative samples 3 L 3 within the control or transplant bed. Specific criteria are as follows: a. a minimum of 70 percent area of eelgrass bed and 30 percent density after the first year. b. a minimum of 85 percent area of eelgrass bed and 70 percent density after the second year. c. a sustained 100 percent area of eelgrass bed and at least 85 percent density for the third, fourth and fifth years. Should the required eelgrass transplant fail to meet the established criteria, then a Supplementary Transplant Area (STA) shall be constructed, if necessary, and planted. The size of this STA shall be determined by the following formula: STA = MTA x (JA, + DJ - Ik + DJ) MTA = mitigation transplant area. A, = transplant deficiency or excess in area of coverage criteri -in (%). D, = transplant deficiency in density criterion (%). A, = natural decline in area of control (%). DC = natural decline in density of control (%). Four conditions apply: 1) For years 2-5, an excess of only up to 30% in area of coverage over the stated criterion with a density of at least 60% as compared to the project area may be used to offset any deficiencies in the density criterion. 2) Only excesses in area criterion equal to or less than the deficiencies in density shall be entered into the STA formula. 3) Densities which exceed any of the stated criteria shall not be used to offset any deficiencies in area of coverage. 4) Any required STA must be initiated within 120 days following the monitoring event that identifies a deficiency in meeting the success criteria. Any delays beyond 120 days in the implementation of the STA shall be subject to the penalties as described in Section 7. 10. Mitigation Bank. Any mitigation transplant success that; after five years, exceeds the mitigation requirements, as defined in section 9, may be considered as credit in a "mitigation bank". Establishment of any "mitigation bank" and use of any credits accrued from such a bank must be with the approval of the resource agencies and be consistent with the provisions stated in this policy. Monitoring of any approved mitigation bank shall be conducted on an annual basis until all credits are exhausted. �L 4 I 1. Exclusions. 1) Placement of a single pipeline, cable, or other similar utility line across an existing eelgrass bed with an impact corridor of no more than %x meter wide may be excluded from the provisions of this policy with concurrence of the resource agencies. After project construction, a post -project survey shall be completed within 30 days and the results shall be sent to the resource agencies. The actual area of impact shall be, determined from this survey. An additional survey shall be completed after 12 months to insure that the project or impacts attributable to the project have not exceeded the allowed %: meter corridor width. Should the post -project or 12 month survey demonstrate a loss of eelgrass greater than the %s meter wide corridor, then mitigation pursuant to sections 1-11 of this policy shall be required. 2) Projects impacting less than 10 square meters. For these projects, an exemption may be requested by a project applicant from the mitigation requirements as stated in this policy, provided suitable out -of -kind mitigation is proposed. A case-by-case evaluation and determination regarding the applicability of the requested exemption shall be made by the resource agencies. ( last revised 2/2/99) 5 E fF Nover fiber 2001 California Coastal Commission Meeting Agenda Page 1 of 19 California Coastal Commissioi -------------- November 2001 Agenda Hyatt Regency Los Angeles 711 South Hope Street Los Angeles, CA 90017 (213) 683-1234 This has been updated at 10:00 A.M., Wednesday, November 14, 7001. FYI: Reports related to and linked from individual agenda items below are available in PDF (portable document forma have Adobe Acrobat Reader, you should be able to read and print. If not, you can get it free of charge. To download it then follow the installation instructions. Please remember that any attachments or exhibits we could not provide hen for inspection at the offices of the Commission during normal business hours. 10:00 A.M. TUESDAY, NOVEMBER 13, 2001 1. CALL TO ORDER. The Coastal Commission cannot receive comments on any official business by electronic m: specifically Indicated. Any information relating to official business should be sent to the a 2. ROLL CALL. commission office using u.S Mail or courier service. 2.5 ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA HEADINGS. a. Application No. 5-01-369 (Ball, Long Beach) Application of Douglas Ball for replace existing 2 with 12 -ft -wide slip and construct 28' x 24' dock with 14 -foot slip, using existing pier, gangway & p new pier or piles, at 5529 East Sorrento Drive, Long Beach, Los Angeles County. (AM -LB) [APPRO' CONDITIONS] b. Application No. 5-01-380 (Skadden, Long Beach) Application of Thomas Shadden, Co-Truste S.L. Shadden Trust to replace existing landing & gangway with 3' x 4' landing & 21/2' x 20' gangway construct 4'x 10' extension to 8'x 16' dock, with no new pier or piles, at 104 Rivo Alto Canal, Lonc Angeles County. (AM -LB) [APPROVED WITH CONDITIONS] SOUTH COAST DISTRICT 3. CONSENT CALENDAR. See AGENDA HEADINGS. http://www,coastal.ca.gov/web/mtgcurr.html 11/14/01 November 2001 California Coastal Commission Meeting Agenda Page 2 of 19 a. Application No. 5-01-245 (Walker St Dupler, Los Angeles) Application of Mary Ann Walker 8 Dupler for 1,518 sq.ft. 2 -story addition to one-story 4,087 sq.ft. home resulting in 24 -ft -high 5,60` single-family home on 12,674 sq.ft. blufftop lot, at 2129 Paseo Del Mar, San Pedro, Los Angeles, Lc County. (AM -LB) [APPROVED WITH CONDITIONS] ENERGY, OCEAN RESOURCES and WATER QUALIT' 4. CONTAMINATED SEDIMENTS TASK FORCE WORKSHOP. Staff & various speakers will upda Commission on the progress of the Task Force and the status of several focussed research projects provide data for developing a long-term management strategy for mitigating the impacts of contan sediments in the Los Angeles River Basin. (ICK -SF & JM -V) 5. ENERGY, OCEAN RESOURCES and WATER QUALITY REPORT. Report by the Deputy Direct( waivers, emergency permits, immaterial amendments & extensions, matters not requiring public h( status report on offshore oil & gas exploration & development. (ICK -SF) 6. SONGS Status. Status report on Southern California Edison's progress on SONGS mitigation pr SONGS will also be considered on Wednesday as item 11. (JJL & SMH-SF) STATEWIDE CLOSED SESSION. At a convenient time during the meeting, the Commission (CCC) will hay closed session to discuss items of pending litigation, including: Brown v. CCC (Govt. Code § 11126(e)(2)(A)) Martin v. CCC, et al. (Govt. Code § 11126(e)(2)(A)) Save Open Space Santa Monica Mountains v. CCC, et al. (Perez, RPI) (Govt. Code § 11126(e)(2)(A)) Liguori v. CCC (Govt. Code § 11126(e)(2)(A)) La Costa Beach Homeowners' Assn., et al. v. CCC (Gamma Family Trust, et al., RPI) (Govt. Code § 11126(e)(2)(A)) Marine Forests Society, et al. v. CCC, CA State Lands Commission (Govt. Code § 1112E (e)(2)(A)) Marine Forests Society, et al. v. CCC, CA Dept. of Fish & Game, et al. (Govt. Code § 11126(e)(2)(A)) Hartunian v. CCC (Govt. Code § 11126(e)(2)(A)) Petition for Declaratory Order filed by North San Diego County Transit Dev. Board Before the Federal Surface Transportation Board, Finance Docket No. 34111 (Govt. Coc § 11126(e)(2)(C)) City of Encinitas v. North San Diego County Transit Development Board, et al., San Diego County Superior Court Case No. GIN015191 (Govt. Code § 11126(e)(2)(C)) Railsback, et al. v. CCC, et al. (Govt. Code § 11126(e)(2)(A)) Cole, as Trustee for the Stanford Farms Trust v. County of Santa Barbara (Govt. Code ? 11126(e)(2)(A)) Yamagiwa, et al. v. CCC, City of Half Moon Bay, et al. (Govt. Code § 11126(e)(2)(A)) Yamagiwa, et al. v. City of Half Moon Bay, CCC, et al. (Sup. Ct. Case Nos. 402781 and 413013 (consolidated)) (Govt. Code § 11126(e)(2)(A)) Friends of Neary Lagoon, et al. v. CCC, et al. (Govt. Code § 11126(e)(2)(A)) Webber v. CCC (Govt. Code § 11126(e)(2)(A)) Asilomar Dunes Assn. v. CCC (Archibald, RPI) (Govt. Code § 11126(e)(2)(A)) Big Creek Lumber Co., McCrary v. CCC, et al. (Govt. Code § 11126(e)(2)(A)) Central Coast Forest Assn. v. CCC, et al. (Govt. Code § 11126(e)(2)(A)) http://www.coastal.ca.gov/web/mtgcurr.html 11/14/01 November 2001 California Coastal Commission Meeting Agenda Page 3 of 19 County of Santa Barbara, et al. v. Torch Operating Co., et al. (Govt. Code § (e)(2)(C)) The Commission is authorized to discuss these matters in a closed session pursuant to Gover Code Sections 11126(e)(2)(A) and (2)(C). In addition, the Commission may consider matters fall under Government Code Section 11126(e)(2)(B) or (2)(C). 7. FEDERAL CONSISTENCY REPORT. Report by the Division Supervisor on Negative Determinat by the federal consistency staff, and status report on other major non -energy federal consistency n (MPD -SF) a. Public hearing and possible action on Navy compliance with commitments made during Commiss consistency determination No CD -4-00 (Navy, Virtual Test Capability, Port Hueneme) and duri mediation over Commission objections to several negative determinations concerning radar facilitie Warfare Engineering Facility (SWEF), Naval Construction Battalion Center (NCBC), Port Hueneme, County. (MPD -SF) 8. FEDERAL CONSISTENCY. See AGENDA HEADINGS. a. CD -61-01 (Fish & Wildlife Service, Orange C -o.) Consistency determination by U.S. Fish & Wi for wetland restoration at Bolsa Chica Lowlands in Orange County, including dredging to create tide across the Lowlands, dredged material disposal at upland & ocean sites, ocean inlet to provide tidal Lowlands, new Pacific Coast Highway bridge across inlet, restoration of 366 acres to full tidal and 2 muted tidal influence, retention of 120 acres of existing seasonal pond habitat, and reservation of future full tidal restoration area. (US -SF) [APPROVED AS MODIFIED] 9. FINDINGS. See AGENDA HEADINGS. a. CD -117-99 (Corps of Engineers, Santa Barbara) Conditional concurrence with consistency del by Corps of Engineers for flood -control improvements to Lower Mission Creek, Santa Barbara, Sant County. (JRR-SF)_ [APPROVED] SOUTH COAST DISTRICT 10. DEPUTY DIRECTOR'S REPORT. Report by Deputy Director on permit waivers, emergency pe immaterial amendments & extensions, LCP matters not requiring public hearings, and on comment: public. For specific information contact the commission's Long Beach office at (562) 590-5071. a. Huntington Beach LCP Amendment No. 3-99 (Coastal Element) Certification Review. C with Executive Director's determination that action of City of Huntington Beach (accepting Commis,, certification of LCP Amendment No. 3-99 (Coastal Element) with modifications) is legally adequate. [APPROVED] b. Laguna Beach Plan Amendment No. 1-01 (Trails) Certification Review. Concurrence with Director's determination that action by City of Laguna Beach (accepting Commission's certification i Amendment No. 1-01 with modifications) is legally adequate. (MV -LB) [APPROVED] c. Laguna Beach LCP Amendment No. 1-00 (Downtown Specific Plan) Certification Reviev Concurrence with Executive Director's determination that action by City of Laguna Beach (acceptin( Commission's certification of LCP Amendment No. 1-00 with modifications) is legally adequate. (M� [APPROVED] 11. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA HEADINGS. [APP http://www.coastal.ca.gov/web/mtgcurr.html 11/14/01 November 2001 California Coastal Commission Meeting Agenda Page 4 of 19 WITH CONDITIONS] 12. NEW APPEALS. See AGENDA HEADINGS. a. Appeal No. A-5-01-336 (Bell, Dana Pt.) Appeal by Commissioners Wan & Dettloff from decisi, Dana Point granting permit with conditions to Kirk Bell to demolish home and construct 3,530 sq.ft. shorefront 4,526 sq.ft. lot, at 35405 Beach Road, Dana Point, Orange County. (KFS -LB) [TO CONT b. Appeal No. A-5-01-392 (King, Los Angeles) Appeal by Executive Director from decision of Cit Angeles granting permit to Larry & Yen King for height exception of 33 feet from 28 feet maximum along walk streets, at 31 26th Street, Venice, Los Angeles, Los Angeles County. (MS -LB) [TO CON' 13. COASTAL PERMIT APPLICATIONS. See AGENDA HEADINGS. Attention: Items appearing section of the agenda may be moved to the Consent Calendar for this area by the Executive Direct( prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recor If an item is moved to the Consent Calendar it will be processed in the same manner as other Cons items (See AGENDA HEADINGS) except if that item is subsequently removed from the Consent Cali vote of three or more commissioners, the item will be acted upon at the meeting in the order in wh originally appears on this Meeting Notice and in the manner Coastal Permit Applications are proces,, purpose of this procedural change is to expedite the Commission's coastal development permit prof a. Appeal No. A-5-00-296 (Rancho Palos Verdes, beach and bluff park) Appeal by Lois Knig James Knight from decision of City of Rancho Palos Verdes granting permit to City of Rancho Palos construct 15 -car parking lot, gatehouse, lifeguard station, shade structures, second beach staircase shelters, outdoor showers, warning signs & educational kiosks at tidepools, improve access road, rf cabana, repair trails, remove protruding steel, and relocate playground, with sand replenishment oi hillside stabilization and 10,070 cu.yds. of grading, at public beach and bluff edge park, Abalone Cc Rancho Palos Verdes, Los Angeles County. (PE -LB) [POSTPONED] b. Application No. 5-01-196 (Rand, Santa Monica) Application of Rand Corporation for 5 -story: sq.ft. building for institutional use, over 4 levels of subterranean parking (825 spaces), new public: connecting Main Street & Ocean Avenue, and public walkway, on 3.7 acre site, at 1700 Main Street Monica, Los Angeles County. (AP -LB) [APPROVED WITH CONDITIONS] c. Application No. 5-01-209 (Santa Monica Redevelopment) Application of Santa Monica Rec Agency to demolish 295,000 sq.ft. building & ancillary buildings and two 2 -story apartment buildin< Main Street, and 1663 & 1711 Ocean Blvd., Santa Monica, Los Angeles County. (AP -LB) [APPROVI CONDITIONS] d. Application No. 5-01-259 (Linskey, Seal Beach) Application of Chris & Diana Linskey to dem family home with basement and construct 311/2 -ft -high 3,155 sq.ft. single-family home with 252 sq basement, 656 sq.ft. of decks on 1st floor and 113 sq.ft. balcony on 2nd floor and detached 181/4 -fl sq.ft. garage, at 227 10th Street, Seal Beach, Orange County. (KFS -LB) [APPROVED WITH CON e. Application No. 5-01-269 (Parks & Rec., Laguna Beach) Application of California State Parks Coast District for interim development plan for Crystal Cove Historic District, at Crystal Cove State Pacific Coast Highway, Laguna Beach, Orange County. (ALK -LB) [APPROVED WITH CONDITION: f. Application No. 5-01-275 (BANCAP Seaport Village & Long Beach) Application of BANCAP Village & City of Long Beach to demolish 2 -story fire -damaged restaurant, and construct 2 -story 1S mixed-use commercial structure, at 190 Marina Drive, Alamitos Bay Marina, Long Beach, Los Angel (CP -LB) [APPROVED WITH CONDITIONS] http://www.coastal.ca.gov/web/mtgcurr.html 11/14/01 November 2001 California Coastal Commission Meeting Agenda Page 5 of 19 g. Application No. 5-01-288 (Hellman, Seal Beach) Application of Hellman Properties, L.L.C. fo 3,577 to 4,210 sq.ft., 26 to 31 -ft -high single-family homes, streets, curbs, walls, landscaping, hard utilities, entry features and other appurtenances in approved subdivision and dedication of easemei Street A of VTTM 15402 to provide public access to new Gum Grove Park parking lot, at Seal Beach Adolfo Lopez Drive, Seal Beach, Orange County. (KFS -LB) [APPROVED WITH CONDITIONS] h. Appeal No A-5-01-280 (Los Angeles Grand Canal rehabilitation) Appeal by Executive Dir Coalition To Save The Marina, Wetlands Action Network & Ballona Wetlands Land Trust from decisic Los Angeles granting permit to City of Los Angeles Department of Public Works for rehabilitation of banks, public walkways and waterway segment between Washington Boulevard & Ballona Lagoon, Angeles, Los Angeles County. (CP -LB) [APPROVED WITH CONDITIONS] i. Application No 5-01-289 (Los Angeles Grand Canal rehabilitation) Application of City of I Department of Public Works for rehabilitation of Grand Canal banks, public walkways and waterway between Washington Boulevard & Ballona Lagoon, Venice, Los Angeles, Los Angeles County. (CP -LI [APPROVED WITH CONDITIONS] j. Application No. 5-01-319 (Balboa Bay Club, Newport Beach) Application of Balboa Bay Club replace 549 feet of 604 foot bulkhead, replace tiebacks & deadmen of remaining 55 feet, raise bulk to 9 feet, and excavate & replace 1,900 cu.yds. immediately landward of bulkhead, at 1221 West C Highway, Newport Beach, Orange County. (MV -LB) [APPROVED WITH CONDITIONS] k. Application No. 5-01-322 (San Clemente, Casa Romantica) Application of City Of San Cie[ rehabilitate and reuse Casa Romantica structure as cultural, arts & education center, at 415 Avenid San Clemente, Orange County. (ALK -LB) [APPROVED WITH CONDITIONS] I. Application No. 5-01-327 (Storey & Delossa, Los Angeles) Application of Scott Storey & Gar add to one-story 610 sq.ft. single-family home resulting in 30 -ft -high 2,700 sq.ft. single-family hor attached garage, on canal front lot, at 428 Linnie Canal, Venice, Los Angeles, Los Angeles County. [APPROVED WITH CONDITIONS] m. Application No. 5-01-377 (Loo, Los Angeles) Application of Patrick Loo to repair staircase ar stair enclosure at existing roof deck, at 3509 Grand Canal, Venice, Los Angeles, Los Angeles Count, [APPROVED WITH CONDITIONS] n. Application No. 5-01-409 (Conger, Torrance) Application of Robert & Nancy Conger for 591 high first -story addition behind 3,152 sq.ft. 2 -story single-family home, 3 retaining walls, 404 sq.ft spa & stairs, and 246 sq.ft. wood deck 12" above grade in rear yard of 27,780 sq.ft. blufftop lot, wi cu.yds. of grading, at 501 Paseo De La Playa, Torrance, Los Angeles County. (MS -LB) [APPROVED CONDITIONS] o. Application No. 5-01-331 (Santa Monica retaining wall) Application of City of Santa Monica 12 -ft -high 230 -ft -long, timber retaining wall with 12 -ft -high 280 -ft -long cement retaining wall, with beach parking lot, at 1633 Ocean Front Walk, Santa Monica, Los Angeles County. (AJP-LB) [APPR( CONDITIONS] 14. DEVELOPMENT AGREEMENT Application No. 5-01-207 (Heilman, Development Agreemer Beach) Application of Hellman Properties, L.L.C. for approval of development agreement including N between the developer & the city of: the City's General Plan, Specific Plan, and Zoning for the Hellr property; local subdivision map approvals; other local government discretionary approvals; off-site improvement requirements including new sewer pump station, traffic signals, public street improve affordable housing; requirements related to the dedication of Gum Grove Nature Park; requirement the deed restriction of 100 acres of lowlands to be made available for acquisition for wetlands restc the deed restriction of 57 acres presently used for mineral production to be made available for sale http://www.coastal.ca.gov/web/mtgcurr.html 11/14/01 November 2001 California Coastal Commission Meeting Agenda Page 6 of 19 restoration upon cessation of oil production; certain development plans related to the lands owned Redevelopment Agency; and requirements related to the long term maintenance of required water mitigation facilities. (KFS -LB) [APPROVED] 8:00 a.m. WEDNESDAY, NOVEMBER 14, 2001 1. CALL TO ORDER. 2. ROLL CALL. CENTRAL COAST DISTRICT 3. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA HEADINGS. a. Application No. 3-01-72 (Redican, Morro Bay) Application of Doug Redican to remodel and a Landing restaurant, with additional public access stairway, restrooms, elevator, viewdeck & plaza, i Embarcadero, Morro Bay, San Luis Obispo County. (MW -SC) b. Application No. 3-01-91 (Wilde, Pacific Grove) Application of Kirstie Wilde to rebuild foundat chimney and add 110 sq.ft. to west facing wall of existing single-family home, at 1500 Sunset Driv, Grove, Monterey County. (CKC-SC) STATEWIDE 5. APPROVAL OF MINUTES. 6. COMMISSIONERS' REPORTS. 7. CONSERVANCY REPORT. 8. SANTA MONICA MOUNTAINS CONSERVANCY REPORT. 9. DEPUTY ATTORNEY GENERAL'S REPORT. 10. EXECUTIVE DIRECTOR'S REPORT including report on legislation. a. Western Snowy Plover Plan. Commission review of draft letter providing Commission commE Fish & Wildlife Service on its draft Recovery Plan for Western Snowy Plover, Pacific Coast Populatioi b. Agreement with State Water Resources Control Board. Request authorization for ExecutivE enter into agreement and any amendments thereto with the State Water Resources Control Board I staff work implementing the Plan for California's Nonpoint Source Pollution Control Program pursua Zone Act Reauthorization Amendments of 1990. (ICK -SF) c. Public Education Program Contract Amendment. Commission authorization to amend contri Diego State University Foundation for project management of the Boating Clean & Green Campaigr http://www.coastal.ca.gov/web/mtgcurr.html 11/14/01 California Regional Water Quality Control Board Santa Ana Region Winston H. Hickox Secretaryfor Environmental Protection Internet Address: http://www.swrcb.ca.gov/rwgcb8 3737 Main Street, Suite 500, Riverside, California 92501-3348 Phone (909) 782-4130 - FAX (909) 781-6288 The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our website at www.swrcb.ca.gov/rwgcb8. November 7, 2001 Dave Wooten Balboa Bay Clubs, Inc. 1221 West Coast Hwy. Newport Beach, CA 92663 Gray Davis Governor ORDER FOR A TECHNICALLY CONDITIONED CLEAN WATER ACT SECTION 401 WATER QUALITY STANDARDS CERTIFICATION FOR THE PROPOSED BULKHEAD REPAIR PROJECT, BALBOA BAY CLUB, 1221 WEST COAST HIGHWAY, CITY OF NEWPORT BEACH, ORANGE COUNTY (ACOE REFERENCE NUMBER 200010138) Dear Mr. Wooten: On September 7, 2001, we received a request for 401 Water Quality Standards Certification dated August 7, 2001, from your agent Shellmaker Inc., for the above -referenced project. We received all requested materials for a complete application as of September 7, 2001. This letter responds to your request ,for certification, pursuant to Clean Water Act Section 401 that the proposed project described below will comply with ,State water quality standards outlined in the Basin Plan (1995): " Prosect Description The proposed project, located at 1221 West Coast Highway in the City of Newport Beach, involves replacing a failing seawall along its existing alignment, in order to protect a building proposed to be built on the lot. • Receiving water: Newport Bay, Orange County • Fill/excavation area: Ocean: No fill - footprint of the lot will remain exactly the same. • Dredge volume: N/A • Federal permit: U. S. Army Corps of Engineers (USACOE) Section 10, Letter of Permission (Rivers and Harbors Act) • Fill/excavation and None dredge mitigation: • Water quality impacts The proposed project is not expected to impact or disturb sediment. There is mitigation: no eelgrass present ,.within 15 feet of the project site. The work will be accomplished consistent with the requirements of the California Coastal Commission. California Environmental Protection Agency %4TY_♦ Recycled Paper Dave Wooten Balboa Bay Clubs, Inc. -2- November 7, 2001 There is no wetland vegetation in the project area site. The proposed project is not expected to impact state- or federally -listed endangered species or their habitat. The project's description indicates that stream diversion or dewatering will not be necessary during construction. You have submitted an application under Section 10, Letter of Permission, to the U.S. Army Corps of Engineers in compliance with Rivers and Harbors Act. You have filed for a Coastal Development Permit with the California Coastal Commission. This project has been determined to be ministerial or categorically exempt in accordance with CEQA Guidelines. This proposed project is contingent upon the execution of the following conditions: 1. There shall be no discharge of wastes including, fueling, lubrication, maintenance of construction equipment, or construction related refuse Within 500 feet of waters of the State. 2. Adhere to the Caulerpa taxifolia stipulation. Caulerpa taxifolia Stipulation: In June 2000, Caulerpa taxifolia, an invasive seaweed, that has severe adverse effects on the marine ecosystem, was reportedly found in a lagoon off Huntington Harbour. Since then, it has been located within Huntington Harbour itself. The Regional Board, California Department of Fish and Game (CDFG), and other agencies are involved. in extensive efforts to eradicate this seaweed and prevent its transport to other areas. Projects that entail dredging in marine waters are required to survey for Caulerpa to help locate and prevent its spread. If Caulerpa is found prior to or during implementation of the project, no work should begin or continue at that location until authorized by Regional Board staff. If the invasive seaweed is discovered, it is not to be disturbed, and the Regional Board must be notified immediately with report of the location and date of discovery. Should no Caulerpa be observed during the bulkhead repair, please notify the Regional Board of this fact when all property repairs have been completed. This will help us to establish a database on the occurrence or absence of Caulerpa. Regional Board Staff has determined that your proposed project, if constructed in accordance with the conditions stated in this letter, will be in compliance with the State of California's Antidegradation Policy. Under California Water Code, Section 1058, and Pursuant to 23 CCR §3860, the following shall be included as conditions of all water quality certification actions: (a) Every certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Section 13330 of the Water Code and Article 6 (commencing with Section 3867) of this Chapter. (b) Certification is not intended and shall not be construed to apply to any activity involving a hydroelectric facility and requiring a FERC license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to Subsection 3855(b) of this Chapter and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. (c) Certification is conditioned upon total payment of any fee required under this Chapter and owed by the applicant. California Environmental Protection Agency ♦ Recycled Paper Dave Wooten Balboa Bay Clubs, Inc. -3- November 7, 2001 This letter constitutes a conditional water quality standards certification. Although we anticipate no further regulatory involvement, if the above stated conditions are changed, any of the criteria or conditions as previously described are not met, or new information becomes available that indicates a water quality problem, we may formulate Waste Discharge Requirements. In the event of any violation or threatened violation of the conditions of this certification, the violation or threatened violation shall be subject to any remedies, penalties, process or sanctions as provided for under state law. For purposes of Section 401(d) of the Clean Water Act, the applicability of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this certification. In response to a suspected violation of any condition of this certification, the Regional Board may require the holder of any permit or license subject to this certification to furnish, under penalty of perjury, any technical -or monitoring reports the Regional Board deems appropriate. The burden, including costs, of the reports shall be reasonable in relation to the need for the reports and the benefits to be obtained from the reports. In response to any violation of the conditions of this certification, the Santa Ana Regional Board may add to or modify the conditions of this certification as appropriate to ensure compliance. Pursuant to California Code of Regulations Section 3857, we will take no further action on your application. This letter constitutes a technically conditioned water quality certification. Please notify our office five (5) days before construction begins on this project. Should there be any questions, please contact Stephanie M. Gasca at (909) 782-3221, or Wanda Smith at (909) 782-4468. Sincerely, 4RRJ.THIBEAULTOfficer cc: U.S. Environmental Protection Agency, Director of Water Division (WTR-1) — Alexis Strauss U.S. Army Corps of Engineers, Los Angeles District — Josh Burnam State Water Resources Control Board, Division of Water Quality, Water Quality Certification Unit — Oscar Balaguer, Chief California Coastal Commission, Long Beach Branch — Fernie Sy Shellmaker Inc. — Lisa E. Miller California Environmental Protection Agency I4q>.• Recycled Paper CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT HARBOR PERMIT APPUCATION (Please print all information) (949) 645-5000 1221 West Coast Highway 2. Project Addnm (Street Address) Harbor Permit Number 3. New Construction _ Revision ✓ Maintenance Dredging 4. Fee $79.00 Check No. 5Is3 Date 8/3/01 5. BrW Deeerlption of Proposed Worm: Remove and replace approximately 500+ feet of failing seawall along existing alignment. Remove and replace coping only at return 8. Submit 8112" x 11" Drawings (3), Include: walls. 1). Location and dimension of proposed structure including piles and location of existing structures. on adjacent properties. 2). Location of bulkhead, pierhead and project lines. 3). Location of property lines. 4). Location of channel markers within 200 feet 5). Lot sizes and lot numbers, if available. 8). Existing ground profile beneath proposed structure. 7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W. 8). Area and profile of any proposed dredging with elevations showing depths with re3peot of M. L. L.W. 9). Any special conditions affecting the construction or affecting boating operations. 10).Complete ail information required in information block, bottom of sheet. Note that the OWNER. of the property Is the applicant 11).DrawkV site shall be 8 - 1/2" x 11". 12). Scale shall be adequate to clearly show the above information. 13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines. 7. Owner -Builder Declarstlon must be completed (on reverse side of this sheet) 8. AppllcsnCe/Agent's Signature: Date:_ fl Joint PermhWe Signature (11 applicable): Date, 9. Work can. begin once the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin prior to the notice you will be in violation of the !Newport aeach 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. OFFICk USE ONLY �,/ Approval In Concept Approval of the City of Newport Beach Council_ Approval of the Army Corps of Engineers Approval of the California Coastal Commission. —'T Approval of the City's Public Works Department. Approval of the City's Building, Department Approval of County of Onangs. Electrical and/or plumbing permit (Building Department) leeued. (Permit Is stamped drawing) 8Ib Inspection, (call 844-3W for appointment) 81ts Ro-Inspection Conditions: Date Date Date Date Date Date Date Date Date Date Date i� �-G- Z`x'A `6 �, OK -1 I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and Professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions'Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale.) I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such projects with a Contractor'(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Professional Code for this reason: 71 Owner's Signature: l Contractor: Shellmaker Inc. Date: 8f to f o I Telephone: ( 949) 548-5359 Address: 875 B West 15th Street, Newport Beach, CA 92663-2701 License class A&B State Board No. 561434 LICENSED CONTRACTOR'S DECLARATION City License No. 96002210 I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and fessions Code, and ense is in full force and effect. Contractor's Signature dr �° Date: 3 CITY OF NEWPORT BEACH �r PROJECTM4 Sr ,A SITE LIDO'° AISLE 1'-0" EL +9.0' uii- EW - PACIFIC EL -16.0' OCEAN wZGwy— VICINITY MAPN.T.S. rib MAX TYPICAL NEWPORT BAY, CALIFORNIA SOUNDING; AND DENC i ..1-.., , f%%A dOp OP PERTY LINE ouu 2 z' 03/31/2005 m ; t� FACE OF BLDG --- *C3 O IN ViE PROJECT PROPOSED BLDG— CONC WALKWAY -------------- I- _ _ ----- 1 999-u1 II / i h i IL/PROPOSED 111EBACK AND DEADMAN `RETAINING WALLS/ PILES WHERE OCCUR BULKHEAD SECTION N. TIONS BASED ON rr II II II II "HKboRESOURCES DIV. CIT TE�P09T BEAC 1 PROPER LI E 1 I 1 ITHIS PORTION OF THE i E)OSTING SEA WALL TO 1 REMAIN AND BE IPROTECTED. NEW COPING TO BE CAST. � 150' 60 ! PROPOSED (10' WIDE MIN) PUBLIC WALKWAY I U.S. BULKHEAD LINE i—U.S. PIERHEAD LINE IS PORTION OF THE EIaSTING SEA WALL TO BE REMOVED AND REPLACED REMAIN ANEXISTING WALL W/ NEW SEA WALL IN THE SAME LOCATION �� PROTECTED. NEW COPING PLAN VIEW N.T.S. /1 BE CAST. APUCANTS NAME : THE BALBOA BAY CLUB LOT 171 BLOCK 5 JOB ADDRESS : SHELLMAKER INC. ADDRESS :1221 WEST COAST HIGHWAY 875 B WEST 15th STREET, DATE NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 08/06/01 GROUND LEASE by and between CITY OF NEWPORT BEACH, a municipal corporation "Landlord" and BALBOA BAY CLUB, INC., a California Corporation "Tenant" Dated as of October 2 5 , 2000 NB 1:215136.23 r TABLE OF CONTENTS Page ARTICLE I DEFINITIONS, GRANT AND TERM 1.1 Definitions..........................................................................................................................2 ARTICLE II GRANT OF LEASE AND TERM 2.1 Lease.................................................................................................................................. 8 2.2 Term................................................................................................................................... 9 2.3 Quiet Possession................................................................................................................ 9 2.4 Ownership of Improvements............................................................................................ 10 ARTICLE III CONSTRUCTION AND IMPROVEMENT OF PREMISES 3.1 Improvements to be Erected by Tenant........................................................................... 10 3.2 Coastal Approval and Entitlements................................................................................. 11 3.3 Compliance With Laws.................................................................................................... 11 3.4 Lien Free Completion...................................................................................................... 11 3.5 As -Built Drawings........................................................................................................... 12 3.6 Tenant's Architects and Contractors................................................................................ 12 3.7 Costs of Construction....................................................................................................... 12 3.8 Renovation and Maintenance of Hotel............................................................................ 12 3.9 Renovation and Maintenance of Apartments................................................................... 13 3.10 Maintenance of Marina Operations................................................................................. 13 3.11 Landlord's Cooperation ARTICLE IV REPRESENTATIONS AND WARRANTIES 4.1 Landlord's Representations and Warranties.................................................................... 14 4.2 Tenant's Representations and Warranties........................................................................ 15 ARTICLE V RENT 5.1 Rent.................................................................................................................................. 15 5.2 Percentage Rent............................................................................................................... 15 -i- TABLE OF CONTENTS (continued) Page 5.3 Base Rent During Construction....................................................................................... 16 5.4 Periodic Adjustments of Base Rent................................................................................. 16 5.5 Fair Market Adjustment of Base Rent............................................................................. 16 5.6 Payment of Rent............................................................................................................... 17 5.7 Charges for Goods and Services...................................................................................... 17 5.8 Reconciliation of Annual Rent......................................................................................... 17 5.9 Place for Payment of Rentals........................................................................................... 18 5.10 Records and Reports of Sales.......................................................................................... 18 5.11 Additional Rent................................................................................................................ 19 5.12 No Abatement or Reduction in Rent................................................................................ 19 5.13 No Partnership Created.................................................................................................... 19 5.14 Net Lease......................................................................................................................... 19 ARTICLE VI TENANT'S OBLIGATION WITH RESPECT TO MAINTAINING PREMISES 6.1 Repairs and Maintenance........................................................................................ 6.2 Taxes and Assessments.................................................................................................... 20 6.3 Capital Repairs and Replacements................................................................................... 21 ARTICLE VII USE OF PREMISES 7.1 Use of Premises................................................................................................................ 21 7.2 Pump -Out Station............................................................................................................ 22 7.3 Environmental Requirements........................................................................................... 22 ARTICLE VIII CONDUCT OF BUSINESS BY TENANT 8.1 Standards of Operation 8.2 Management.....................................................................................................................23 8.3 Competition by Tenant.....................23 ............................................................................... 8.4 Use of Name.................................................................................................................... 24 r TABLE OF CONTENTS (continued) ..t Page ARTICLE IX ALTERATIONS, FIXTURES AND SIGNS 9.1 Tenant's Right to Make Alterations................................................................................. 24 9.2 Prohibition Against Liens................................................................................................ 24 9.3 Signs.................................................................................................................................24 ARTICLE X INSURANCE, INDEMNITY AND CASUALTY 10.1 Insurance.......................................................................................................................... 24 10.2 Indemnification................................................................................................................ 27 10.3 Settlement of Insurance Claims....................................................................................... 28 10.4 Casualty............................................................................................................................29 10.5 Casualty Late in Term...................................................................................................... 29 10.6 No Abatement of Rent.............:.............................................................: ...... 29 ................... ARTICLE XI UTILITIES 11.1 Utilities.............................................................................................................................30 ARTICLE XII ESTOPPEL CERTIFICATES 12.1 Estoppel Certificates........................................................................................................ 30 ARTICLE XIII ASSIGNMENT AND SUBLEASING 13.1 Limitation on Right to Assign......................................................................................... 31 13.2 Grant or Denial of Consent.............................................................................................. 32 13.3 Non -Application to Guest Rooms and Facilities............................................................. 32 13.4 Assignment to Affiliate.................................................................................................... 32 13.5 Limitation on Transfer of Interest in Tenant.................................................................... 32 13.6 Participation in Sale Proceeds.......................................................................................... 33 \ � i TABLE OF CONTENTS (continued) Page ARTICLE XIV HYPOTHECATION 14.1 Tenant's Right to Hypothecate........................................................................................ 34 14.2 Notice to and Rights of Mortgagees................................................................................36 14.3 Nonsubordination of Fee.................................................................................................. 38 14.4 Equipment Financing....................................................................................................... 38 14.5 Cross Collateralization of Premises................................................................................. 39 ARTICLE XV WASTE AND GOVERNMENTAL REGULATIONS 15.1 Waste or Nuisance........................................................................................................... 39 15.2 Governmental Regulations............................................................................................... 39 15.3 Tenant's Right to Contest Governmental Regulations.................................................... 39 ARTICLE XVI EMINENT DOMAIN 16.1 Lease Governs.................................................................................................................. 40 16.2 Termination of Lease....................................................................................................... 40 16.3 Partial Taking; Rental Abatement.................................................................................... 40 16.4 Partial Taking; Restoration.............................................................................................. 40 16.5 Distribution of Award...................................................................................................... 40 16.6 Allocation of Award; Partial Taking................................................................................ 41 16.7 Allocation of Award; Temporary Taking........................................................................ 41 16.8 Allocation of Award; Total Taking................................................................................. 41 16.9 Conduct of Proceedings................................................................................................... 42 16.10 Notices............................................................................................................................. 42 ARTICLE XVII DEFAULT PROVISIONS 17.1 Events of Default............................................................................................................. 42 17.2 Remedies Upon Default................................................................................................... 43 17.3 Landlord Acting for Tenant's Account............................................................................ 44 17.4 Limited Liability; Non -Recourse Ground Lease............................................................. 44 -iv- TABLE OF CONTENTS (continued) Page ARTICLE XVIII LANDLORD'S ACCESS 18.1 Landlord's Right of Access............................................................................................. 45 ARTICLE XIX MISCELLANEOUS 19.1 Waiver..............................................................................................................................45 19.2 Accord and Satisfaction................................................................................................... 46 19.3 Entire Lease..................................................................................................................... 46 19.4 Termination of Existing Lease......................................................................................... 46 19.5 Force Majeure.................................................................................................................. 46 19.6 Notices............................................................................................................................. 46 19.7 Captions and Section Numbers........................................................................................ 47 19.8 Construction of Language................................................................................................ 47 19.9 Broker's Commission...................................................................................................... 48 19.10 Limitation of Landlord's Obligations.............................................................................. 48 19.11 Landlord's or Tenant's Discretion................................................................................... 48 19.12 Interest.............................................................................................................................. 48 19.13 Successors........................................................................................................................ 48 19.14 Applicable Law................................................................................................................ 48 19.15 Landlord's and Tenant's Rights are Cumulative............................................................. 48 19.16 Saving Clause................................................................................................................... 48 19.17 Attorneys' Fees and Expenses......................................................................................... 49 19.18 Injunctive Relief............................................................................................................... 49 19:19 Appraisal..........................................................................................................................49 19.20 Recording......................................................................................................................... 49 19.21 Incorporation of Preamble, Recitals and Exhibits........................................................... 49 Mw GROUND LEASE THIS GROUND LEASE (this "Lease") is made as of October � 2000, by and between THE CITY OF NEWPORT BEACH, a charter city and municipal corporation ("Landlord"), and BALBOA BAY CLUB, INC., a California Corporation ("Tenant"). RECITALS A. Landlord is the grantee of that certain parcel of real property located in the City of Newport Beach, County of Orange, State of California, as more particularly described on ExhibitA attached hereto (the "Premises"), pursuant to the provisions of the Beacon Bay Bill (Chapter 74 of the Statutes of 1978). B. Tenant is currently occupying and in possession of the Premises pursuant to that certain Lease between Landlord, as lessor, and Tenant, as lessee, dated May 13, 1986 (the "Existing Lease"). The Premises are operated as a multi -use hotel and club facility by International Bay Clubs, Inc., an Affiliate of Tenant, operating under the name "Balboa Bay Club." C. On November 3, 1992, a majority of the electors of the City of Newport Beach approved Measure M which authorized the City Council of the City of Newport Beach to lease tidelands and waterfront property consistent with the provisions of State law. D. The California State Lands Commission has determined that this Lease conforms with the provisions of relevant statutes, rules and regulations and has approved this Lease. E. The City Council of the City of Newport Beach has determined that this Lease is consistent with the Charter of the City of Newport Beach, and its General Plan and Zoning Ordinances applicable thereto, and of all other applicable State and local laws. F. The City Council of the City of Newport Beach has determined that it is in the best interests of the citizens of the City of Newport Beach to maintain the use and character of the Premises for the general uses permitted thereon by the current General Plan and Zoning Ordinances of the City applicable thereto, and to enter into this Lease under the terms and conditions set forth herein. G. Landlord and Tenant entered into that certain Option Agreement for the Lease of Real Property dated as of June 30, 1996 (the "Option Agreement") granting Tenant the right to enter into a new lease for the Premises on the terms and conditions set forth herein. Tenant has duly exercised such option, all conditions precedent to such exercise have been satisfied, and there exists no event of default under the Existing Lease or the Option Agreement as of the date of the exercise of the option by Tenant or the date hereof. H. Landlord and Tenant each desires to terminate the Existing Lease and concurrently therewith enter into this Lease. NB 1:215136.23 I. Landlord and Tenant agree that the Option Agreement and this Lease fully comply with and completely satisfy the obligations of Landlord and Tenant under all prior agreements and understandings, including all prior Memoranda of Understanding and the Existing Lease. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINITIONS, GRANT AND TERM 1.1 Definitions. For purposes of this Lease, the following definitions shall apply: "Accounting Period" means a calendar quarter. "Affiliate" means any individual, corporation, partner, partnership, limited liability company, trust or other entity which directly or indirectly Controls, is directly or indirectly Controlled by, or is under common Control, whether it be direct or indirect, with the specified entity. "Apartment Revenues" means Gross Revenues derived by the Tenant Parties from the rental of apartments within the Project, whether for transient or long-term occupants, plus any portion of any Award made on account of a temporary Taking allocated to "Apartment Revenues" pursuant to Section 16.7 of this Lease. "Charter Commission Revenues" means Gross Revenues derived by the Tenant Parties from commissions received for arranging boat charters of bay or ocean going vessels for guests trips and special purpose occasions, including Newport Harbor cruises, whether or not such charters depart from or arrive at the Premises, plus any portion of any Award made on account of a temporary Taking allocated to "Charter Commission Revenues" pursuant to Section 16.7 of this Lease. "Charter Revenues" means Gross Revenues derived by the Tenant Parties from operating or managing the boat charters of bay or ocean going vessels for guests trips and special purpose occasions, including Newport Harbor cruises, whether or not such charters depart from or arrive at the Premises, plus any portion of any Award made on account of a temporary Taking allocated to "Charter Revenues" pursuant to Section 16.7 of this Lease. "City" means the City of Newport Beach, located in the County of Orange, State of California, a charter city formed pursuant to the laws of the State of California. References in this Lease to the City (as distinguished from Landlord) are intended to distinguish actions, rights and powers of the City in the exercise of its municipal and legislative powers and authority and the discharge of its legislative and municipal responsibilities from the actions of Landlord pursuant to this Lease. This Lease shall not limit, preclude or infringe upon the municipal and legislative powers and authority of the City, or the discharge of its legislative and municipal responsibilities, NB 1:215136.23 2 whether or not any of such actions, authority, powers or responsibilities are discretionary, administrative or mandatory under law. "Commencement Date" means the date set forth in the introductory paragraph of this Lease. "Control", "Controlled by" or "Controlling" means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity whether through ownership of an interest therein, through ownership of voting securities, by contract or otherwise. "Constituent Member" means any constituent partner, joint venturer, holder of a beneficial interest or shareholder in Tenant, or in any partnership, joint venture, trust or corporation holding a direct or indirect interest in Tenant. "County" means the County of Orange, State of California. "Default Rate" means the then Prime Rate plus five percent (5%) per annum. The Default Rate shall change as and when the Prime Rate shall change. "Dry Storage Revenues" means Gross Revenues derived by the Tenant Parties from the dry storage of small boats on the Premises on behalf of guests, members and other persons, plus any portion of any Award made on account of a temporary Taking allocated to "Dry Storage Revenues" pursuant to Section 16.7 of this Lease. "Dues Revenues" means Gross Revenues derived by the Tenant Parties from membership dues and fees for membership in or use of the club, spa, recreational facilities or beach at the Project (exclusive of security deposits), and Bay Window Magazine subscriptions and sales, plus any portion of any Award made on account of a temporary Taking allocated to "Dues Revenues" pursuant to Section 16.7 of this Lease; provided, however, that charges for or income derived from any service or facility included in any other category of Percentage Rent, such as, by way of example and not limitation, food and beverage revenues or rental of guest rooms, shall not be included in Dues Revenues. "Event of Default" means the occurrence of any of the events listed in Section 17.1 and the expiration of any applicable notice and cure period provided in said Section. "Final Plans" means the final plans approved by Landlord as provided in the Option Agreement. "Fiscal Year" means the period of October 1 through September 30 of each year of the Term. "Food and Beverage Revenues" means Gross Revenues derived by the Tenant Parties from the sale of food and beverages (including food and beverages from all facilities, off -premises food and beverage sales, cover charges, service charges and miscellaneous banquet revenue), plus any portioir.of any Award made on account of a temporary Taking allocated to "Food and Beverage Revenues" pursuant to Section 16.7 of this Lease, but shall not include (i) the value of gratis meals furnished to Tenant's employees as an incident of their employment, (ii) gratuities paid to NB 1:215136.23 employees, and (iii) the value of meals provided in connection with charitable events when no Tenant Party receives payment therefor other than by reason of a charitable contribution. "Force Majeure" means, without limitation, such events as: strikes; lockouts; acts of God; inability to obtain labor, materials, equipment or supplies; breaches of contract by contractors, subcontractors or material suppliers which materially effect the critical path of construction of the improvements contemplated by this Lease; breaches of contract by any lender with a lien on the Project which materially effect the critical path of construction of the improvements contemplated by this Lease (but in no event shall such event of Force Majeure result in any permitted delay in performance by Tenant of any obligation under this Lease by a period in excess of six (6) months); governmental restrictions; moratoriums, initiatives, referenda imposed by or occurring within the County or other governmental agency which now or hereafter has jurisdiction over the Premises; war or enemy action or invasion; civil commotion; insurrection; riot; mob violence; malicious mischief or sabotage; unusual failure of transportation; fire or any other casualty; flood; earthquake; unusually adverse weather conditions; a Taking; any litigation or other judicial or administrative proceeding or the passage, promulgation or application of any law, order or regulation of any governmental, quasi -governmental, judicial or military authority; either party's delay in responding to the other party's request for approval or consent which the requesting party is required to obtain hereunder beyond the period of time the responding party is given under this Lease to respond; or other similar causes beyond the control of the delayed party; any of which has the effect of delaying, hindering or preventing such party's performance of its obligations hereunder. If the event of Force Majeure arises out of a party's delay in responding to the other's request for consent or approval, then the delayed party shall notify the other party of such event of Force Majeure promptly after the delayed parry has knowledge that such delay will or may occur as a result thereof, and the delayed party shall use reasonable efforts to minimize the effects thereof. With respect to the occurrence or threat of any event of Force Majeure, the delayed party agrees to notify the other parry promptly after the delayed party has knowledge that such event of Force Majeure may or will occur. "Furnishings" means all furniture, furnishings, fixtures and equipment used in the operation of the Project, including: all wall coverings, draperies, blinds, shades, shutters and other window coverings, curtain rods, valances and other window treatments; tapestries, paintings, art and sculpture; carpets, rugs and other floor coverings; bar, saloon, lounge, dining, banquet, meeting and guest room furniture and furnishings; laundry, valet and dry cleaning equipment; office and material handling equipment and machinery; maintenance, janitorial, cleaning and engineering, equipment; all kitchen equipment and facilities (whether or not permanently attached), and machinery, equipment and furnishings used in food and beverage storage, preparation, heating and refrigeration; and all trade fixtures. "Gross Revenues" means all gross receipts of every kind and nature, whether for cash, credit or barter, from any business, use or occupation, or any combination thereof, transacted, arranged or performed, in whole or in part, on, from or for services from the Premises, whether operated by the Tenant or by a sublessee, licensee or concessionaire if such sublessee, licensee or concessionaire is an Affiliate of Tenant for Room Revenues, Food and Beverage Revenues, Apartment Revenues, Marina Revenues, Dry Storage Revenues, Charter Revenues, Charter Commission Revenues, Dues Revenues, Retail Revenues and Miscellaneous Revenues. In the NB 1:215136.23 4 computation of Gross Revenues for any of the above mentioned categories thereof, there shall be excluded therefrom the following amounts: (i) rebates, refunds and discounts (exclusive of credit card discounts or commissions paid to a credit card system) to customers given in the ordinary course of obtaining such revenues; (ii) excise, sales and use taxes collected directly from patrons or guests or as a part of the sales price of any goods or services, such as gross receipts, admission, cabaret or similar taxes, which are accounted for by Tenant to any governmental agency; (iii) income or interest derived from cash, securities and other property acquired and held for investment by Tenant (including income or interest earned on any amounts held in operating or replacement reserves for the Project); (iv) proceeds of insurance other than business interruption or rental loss insurance, (v) advertising, promotional or charitable billings not actually charged or paid; and (vi) bad or uncollectible debts. Sales upon credit shall be considered cash sales and shall be included in the gross receipts for the period during which the goods or services are delivered or performed. All Gross Revenues shall be computed without deduction or allowance for costs, charges or expenses for the purchase, sale, transportation or delivery of merchandise or services, or for labor and materials in connection with the rendering of services or the sale of goods. "Hazardous Material" means any flammable explosives, asbestos, asbestos containing materials, radioactive materials, hazardous wastes, petroleum polychlorinated biphenyls, toxic substances or related injurious materials, whether injurious by themselves or in combination with other materials, "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" as defined in Chapter 6.5 of Division 20 (Section 25100 et seq.) of the California Health and Safety Code, as amended, or any successor statute, (b) "hazardous substance" as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Section 9601 et seq.), as amended, or any successor statute, (c) "hazardous material" as defined in the Hazardous Materials Transportation Act (49 U.S.C. Section 1801 et seq.), as amended, or any successor statute, (d) "hazardous waste," "solid waste," "sludge," "used oil," "recycled oil," and "re -refined oil" as defined in the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.), as amended, or any successor statute, (e) "hazardous substance" as defined in the Carpenter -Presley -Tanner Hazardous Substance Account Act, Chapter 6.8 of Division 20 (Section 25300 et seq.) of the California Health and Safety Code, as amended, or any successor statute, (f) "hazardous substance" as defined in Chapter 6.7 of Division 20 (Section 25,280 et seq.) of the California Health and Safety Code, as amended, or any successor statute, (g) "hazardous material," "hazardous substance" or "hazardous waste" as defined in Chapter 6.9 of Division 20 (Section 25501 et seq.) of the California Health and Safety Code, as amended, or any successor statute, (h) "hazardous substance" as defined in the Clean Water Act (33 U.S.C. Section 1251 et seq.), as amended, or any successor statute, or (i) any substance, materials or wastes now or in the future listed in (1) the United States Department of Transportation Hazardous Materials Table (49 C.F.R. Section 172.101), as amended or any successor; (2) the Environmental Protection Agency list (40 C.F.R. Part 302), as amended or any successor; (3) the list published in Title 26 of the California Administrative Code, as amended or any successor; or (4) any other list published by any federal or state governmental entity now or in the future. "Hazardous Material Activity" means any storage, holding, release, emission, discharge, generation, abatement, disposition, handling or transportation of any Hazardous Material from, NB 1:215136.23 on or otherwise relating to the Premises exclusive of use of minor quantities of Hazardous Materials in the ordinary course of business in compliance with applicable law. "Inventories and Supplies" means inventory and supply items, including chinaware, glassware, linens, silverware, utensils, uniforms, office supplies, paper supplies, guest room supplies, cleaning supplies and other consumable supplies, food and beverage inventories and goods held for resale or used or intended for use in connection with the conduct of Tenant's business on the Premises. "Lease Interest Rate" means the then Prime Rate plus two percent (2%) per annum. The Lease Interest Rate shall change as and when the Prime Rate shall change. "Leasehold" means the leasehold estate created by the terms and subject to the conditions of this Lease. "Marina Revenues" means Gross Revenues derived by the Tenant Parties from the rental of boat slips and temporary dock or slip fees and charges (exclusive of utility reimbursements paid by slip renters) plus any portion of any Award made on account of a temporary Taking allocated to "Marina Revenues" pursuant to Section 16.7 of this Lease. "Miscellaneous Revenues" means all Gross Revenues derived by the Tenant Parties from the Project excepting those receipts previously categorized under Apartment Revenues, Charter Revenues, Charter Commission Revenues, Dry Storage Revenues, Dues Revenues, Food and Beverage Revenues, Marina Revenues, Retail Revenues and Room Revenues derived from the Project, including but not limited to sales from gift and other shops, rentals or agreements for other guest services, vending machines revenues, any revenue or income related to telephone and telecommunication operations, any revenue or income related to cable or video television operations, parking charges or fees, proceeds of business interruption or rental loss insurance (net of Tenant's reasonable costs of settling the claim giving rise to such proceeds with the insurance carrier), plus any portion of any Award made on account of a temporary Taking allocated to "Miscellaneous Revenues" pursuant to Section 16.7 of this Lease, plus all rentals or other payments from sublessees, licensees or concessionaires who are not Affiliates of Tenant, and any other Gross Revenues which may be received from time to time which are not specifically provided for in the categories described in Apartment Revenues, Charter Revenues, Charter Commission Revenues, Dry Storage Revenues, Dues Revenues, Food and Beverage Revenues, Marina Revenues, Retail Revenues and Room Revenues. "Mortgage" means any deed of trust, mortgage or similar security instrument entered into by Tenant encumbering the leasehold estate created by this Lease, as permitted by this Lease, including an assignment of this Lease as security therefor. "Mortgagee" means the holder of or beneficiary under a Mortgage. "Partial Taking" means a Taking which does not constitute a Total Taking or a Temporary Taking:; "Percentage Rent" means the rental calculated in accordance with Section 5.2 of this Lease. NB 1:215136.23 i "Premises" means the parcel of land located in the City of Newport Beach, County of Orange, State of California, as more fully described in ExhibitA attached hereto and by this reference incorporated herein. "Prime Rate" means the prime or base rate of interest, or equivalent rate of interest, however termed, as announced from time to time and as so identified by Bank of America. "Prime Rate" means the prime or base'rate of interest, or equivalent rate of interest, however termed, as announced from time to time and as so identified by The Wall Street Journal if at any time Bank of America shall fail or cease to publish and announce a prime or base rate of interest. "Project" means all improvements, elements and features constructed or to be constructed on the Premises, including a private membership club, hotel, rental apartments, boat slips, spa and health club, food and beverage facilities, recreational facilities, parking facilities, and all other amenities and services customarily found in projects in Southern California of the type, size and quality described herein, all in accordance with the Final Plans approved by Landlord pursuant to the Option Agreement. "Qualified Manager" means, as to the hotel portion of the Project, during any time the hotel portion of the Project is being managed by Tenant or an Affiliate, an individual employed by Tenant or such Affiliate who is an experienced hotel operator with a good reputation for honesty and integrity and who has not less than ten (10) years experience in the operation and management of first class hotel facilities, and who does not own, lease, manage or have an interest in any other hotel prohibited by Section 8.3 (except for ownership of less than a Controlling interest in a corporation whose capital stock is publicly traded); and during any time the hotel portion of the Project is being managed on behalf of Tenant by an independent operator under a management contract, a regionally recognized hotel operator of first-class resort hotels of the type, size and quality of the hotel portion of the Project, who has the financial ability to perform its obligations under a conventional management agreement for the management and operation of the hotel portion of the Project, who enjoys a reputation for honesty and integrity, who is experienced in the management and operation of hotels meeting the first-class standards of the Project, and who does not own, lease, manage or have an interest in any other hotel prohibited by Section 8.3 (except for ownership of less than a Controlling interest in a corporation whose capital stock is publicly traded). As to the restaurant portions of the Project, a "Qualified Manager" means, a Qualified Manager of the hotel portion of the Project, or during any time the restaurant portion of the Project is being managed by Tenant or an Affiliate, an individual employed by Tenant or such Affiliate who is an experienced restaurant operator with a good reputation for honesty and integrity and who has not less than ten (10) years experience in the operation and management of first class restaurant facilities; and during any time the restaurant portions of the Project is being managed on behalf of Tenant by an independent operator under a management contract, a regionally recognized restaurant operator of first-class restaurants of the type, size and quality of the restaurant portions of the Project, who has the financial ability to perform its obligations under a conventional management agreement for the management and operation of the restaurant portions of the Project, who enjoys a reputation for honesty., and integrity, and who is experienced in the management and operation of restaurants meeting the first-class standards of the Project. NB 1:215136.23 7 "Reserve Account" shall have the meaning ascribed to it in Section 6.3. "Retail Revenues" means Gross Revenues derived by the Tenant Parties from the sale of goods and services from retail shops, including clothing and other soft goods, hair and beauty salons, gift and sundries shops, plus any portion of any Award made on account of a temporary Taking allocated to "Retail Revenues" pursuant to Section 16.7 of this Lease. "Room Revenues" means Gross Revenues derived by the Tenant Parties from the rental, or any other fee or charge in connection therewith, of hotel rooms intended for overnight accommodations upon the Premises, meeting rooms and similar facilities, including revenues derived from telephone, telex, facsimile and other such equipment and facilities , plus.. any portion of any Award made on account of a temporary Taking allocated to "Room Revenues" pursuant to Section 16.7 of this Lease. "Taking" means any acquisition of or damage to all or any portion of the Premises, or any interest therein or right accruing thereto, pursuant to or in anticipation of the exercise of the power of condemnation or eminent domain, or by reason of the temporary requisition of the use or occupancy of the Premises, or any part thereof, by any governmental or quasi -governmental authority, civil or military, or any other agency empowered by law to take property in the State of California under the power of eminent domain. "Tenant" means the person or entity owning the Leasehold estate created by this Lease. "Tenant's Investment" has the meaning ascribed to it in Section 2.4. "Tenant Parties" means Tenant and any and all of its Affiliates. "Temporary Taking" means a Taking for a temporary period or use of the Premises or the Project or any portion thereof. "Term" has the meaning ascribed to it in Section 2.2. "Total Taking" means a Taking of all of the Premises and the Project other than for a temporary purpose; or a Taking of so much of the Premises or the Project as to render the balance of the Premises unsuitable for the construction or operation of a Project of the type and in the manner set forth in this Lease. ARTICLE II GRANT OF LEASE AND TERM 2.1 Lease. In consideration of the covenants to be observed and performed by the parties hereunder, Landlord hereby leases to Tenant, and Tenant hereby hires from Landlord, the Premises. Landlord reserves all oil, oil rights, gas, minerals, mineral rights, natural gas rights and other hydrocarbon substances in and under the Premises and the right to grant and transfer the same, together with all necessary and convenient rights to explore for, develop, produce and extract and.take the same, subject to the express limitation that any and all operations for the exploration, development, production, extraction and taking of any such NB 1:215136.23 substance shall be carried on at levels below the depth of five hundred feet (500') from the surface of the land by means of wells, derricks and other equipment from surface locations on adjoining or neighboring land so long as such activities do not interfere with or impair the operation, business or aesthetics of the Project, and subject further to all restrictions and regulations concerning the drilling for, and production of, oil, gas, minerals, petroleum and other hydrocarbon substances specified in the Newport Beach City Charter or the Newport Beach Municipal Code. 2.2 Term. The term ("Term") of this Lease shall commence on the Commencement Date and shall expire upon the fiftieth (50th) anniversary thereof (the "Expiration Date"), unless sooner terminated as herein provided. 2.3 Quiet Possession. (a) Tenant shall be entitled to peaceably and quietly use and enjoy the Premises for the Term, without hindrance or interruption by Landlord (other than in exercise of Landlord's rights should Tenant be in breach or default hereunder) or any other person or persons claiming by, through or under Landlord. Landlord shall in no event be liable in damages or otherwise, because of the interruption or termination of any service provided by the City (such as, water or sewer service), or a termination, interruption or disturbance of any service attributable to any act or neglect of Tenant or its servants, agents, employees, licensees, business invitees, or any person claiming by, through or under Tenant; provided, however, Tenant's obligations hereunder, other than its obligation to pay Rent in accordance with Article V, shall be excused to the extent such interruption or termination interferes with the performance by Tenant of its obligations hereunder. (b) Tenant has satisfied itself, by its own investigation and research, regarding all physical conditions affecting Tenant's use and enjoyment of the Premises and construction of the Project on the Premises (including soil conditions and on-site and off- site improvements which may be needed). By execution of this Lease, Tenant shall be deemed to have accepted the Premises in an "AS IS" condition. Tenant acknowledges that it has had the advice of such independent professional consultants and experts as it deems necessary in connection with its investigation of the Premises, has (to the extent it deems necessary) independently investigated the condition of the Premises, including the soils, hydrology and seismology thereof, and the laws and regulations relating to the construction and operation of the Project on the Premises, including environmental, zoning and land use entitlement requirements and procedures, height restrictions, floor area coverage limitations, and similar matters, and has not relied upon any statement, representation or warranty of Landlord of any kind or nature in connection with its decision to execute and deliver this Lease and its agreement to perform the obligations of Tenant hereunder. In connection with the matters set forth in this Section 2.3(b), Tenant acknowledges that it (or its affiliated predecessors in interest) has been in possession and occupancy of the Premises under the Existing Lease and predecessor leases since 1948, and Tenant is fully familiar with the condition of the Premises. As between Landlord and NB 1:215136.23 9 Tenant, Tenant shall be solely responsible for any condition on the Premises which may interfere with the construction, operation or maintenance of the Project. 2.4 Ownership of Improvements. Except as hereinafter provided, Tenant shall be the ,owner of all improvements presently existing or hereafter constructed by Tenant upon the Premises (as the same may be altered, expanded and/or improved from time to time), and all Furnishings, Inventories and Supplies and all other personal property located on the Premises or in the Project (hereinafter referred to collectively as the "Tenant's Investment"), Tenant shall retain all rights to depreciation deductions and tax credits arising from its ownership of the Tenant's Investment. At any time during the Term, upon Tenant's request therefor, and within a reasonable period of time following said request, Landlord agrees to confirm, in writing, that Landlord has no present possessory interest in any part of the Tenant's Investment. Following the expiration or earlier termination of this Lease, all improvements constituting fixtures to the Premises that cannot be removed without causing damage to the Project shall automatically revert to and become the property of Landlord without compensation or payment to, or requirement of consent or act of, Tenant, and Tenant shall thereafter have no further rights thereto or interest therein, including any rights to depreciation deductions or tax credits with respect thereto. Following the expiration or any earlier termination of this Lease, Tenant shall retain its ownership in all items of personal property comprising a portion of Tenant's Investment which may be removed without causing damage to the Project; provided, however, if Tenant fails to remove the same within thirty (30) days following the expiration or earlier termination of this Lease, any part of Tenant's Investment remaining on the Premises after said 30 -day period had expired shall become the sole property of Landlord without compensation or payment to, or requirement of consent or act of, Tenant, and Tenant shall thereafter have no further rights thereto or interest therein. Upon the expiration or earlier termination of this Lease for any reason, Tenant shall surrender the Premises and the Project to Landlord in good condition and repair, reasonable wear and tear and acts of God excepted. Furthermore, at such time, Tenant shall surrender all keys to any and all parts of the Project to Landlord and shall inform Landlord of all combinations of locks, safes and vaults, if any, in the Project or elsewhere on the Premises. Tenant agrees to execute, acknowledge and deliver to Landlord any instruments reasonably requested by Landlord to carry out the intention of this Section 2.4. Tenant's obligations and Landlord's rights under this Section 2.4 shall survive the expiration or earlier termination of this Lease. ARTICLE III CONSTRUCTION AND IMPROVEMENT OF PREMISES 3.1 Improvements to be Erected by Tenant. Tenant shall, at its sole cost and expense, use its best efforts to design, construct, furnish and equip the Project (including parking facilities adequate to fully comply with all applicable ordinances, resolutions and conditions of approval of the Project) upon the Premises as herein provided. Construction of the improvements, consisting of issuance of one or more building permits for construction of the Project (including demolition of existing improvements), shall commence on or before ninety (90) days following commencement of the Term (as said date is extended by events of Force Majeure). Tenant shall, at its sole cost and expense, use its best efforts to construct and complete the Project, which shall include all improvements and amenities as are contemplated in the Final NB l :215136.23 10 Plans approved by Landlord under the Option Agreement and as otherwise required by the terms of this Lease or by applicable law so that completion is achieved on or before three (3) years following the date of commencement of the Term (as said date is extended by events of Force Majeure). 3.2 Coastal Approval and Entitlements. Tenant represents that it has obtained a Coastal Development Permit (as such term is used in the certified land use plan encompassing the Premises and approved by the California Coastal Commission) for the Project, and to the extent not already obtained, Tenant shall, at its sole cost and expense, apply for, process and use its best efforts to obtain all other approvals (including environmental approvals) and use permits or variances required under applicable law for the construction and/or operation of the Project. 3.3 Compliance With Laws. Subject to its right to contest as contained in Section 15.3 below, Tenant shall cause the construction of the Project, and any subsequent improvements on the Premises, to be completed in substantial accordance with all applicable laws, ordinances, resolutions, plans, permits, conditions, rules, regulations and orders of all governmental authorities having jurisdiction over the Premises, construction of improvements thereon, or the conduct of Tenant's business thereat. Upon request of Landlord, Tenant shall furnish Landlord with copies of any or all certificates and approvals relating to any work or installation done by Tenant that may be required by any governmental authority or by all applicable underwriters and insurers. 3.4 Lien Free Completion. Tenant agrees that the Project shall be constructed free of liens for labor and materials, using quality materials and workmanship, and substantially in accordance with the Final Plans and all applicable underwriters and insurance requirements, zoning regulations, building codes and requirements of any governmental authority having jurisdiction over the Premises. Tenant shall promptly discharge any such lien or claim of lien made or filed against the Premises; provided, however, that Tenant shall have the right to contest in good faith and with reasonable diligence the amount or validity of any such lien or claim of lien so long as Tenant shall provide Landlord, at Tenant's sole cost and expense, with such bond or other security as Landlord may reasonably require to insure payment thereof and prevent any sale, foreclosure or forfeiture of all or any part of the Premises. Tenant shall notify Landlord in writing of any and all liens and claims of lien made or filed against the Premises within fifteen (15) days after Tenant becomes aware of the filing thereof. Tenant shall immediately satisfy any final judgment or decree and cause the lien to be discharged. Any judgment shall be deemed final for the purposes of this provision unless enforcement thereof is stayed pending appeal. If Tenant fails promptly to discharge liens or claims of lien, or to contest such liens or claims of lien and in connection therewith provide the security required under this Section 3.4 or, after having complied with the provisions of this Section 3.4, there is an adverse order, judgment, decree or award with respect to Tenant or Landlord and Tenant fails to satisfy the final judgment, order, decree or award and cause the lien to be discharged, Landlord, following reasonable written notice to Tenant, may, in its sole discretion, procure the release and discharge of any such lien and any judgment or decree thereon and, in furtherance thereof, may in its reasonable discretion, effect any settlement or compromise. All amounts reasonably expended by Landlord in connection with the provisions of this Section 3.4 (including attorneys' NQ 1:215136.23 11 r fees, charges and expenses), together with interest thereon at the Default Rate from the date of expenditures to the date of reimbursement, shall be payable by Tenant immediately following demand therefor. 3.5 As -Built Drawings. Upon completion of the work, Tenant shall furnish Landlord with a set of drawings and specifications for all completed construction hereafter occurring on the Premises which accurately reflect the nature and extent of all work done on or to the Premises after the date hereof, and, where such drawings and specifications are prepared in connection with any work or improvement contemplated in this Lease, any existing improvements on the Premises all marked to show such construction "as built." 3.6 Tenant's Architects and Contractors. All improvements and landscaping (other than minor seasonal plantings) on the Premises and any subsequent repairs, alterations, additions or improvements to any of the foregoing shall be designed, selected or constructed, as applicable, by qualified and licensed (where required) architectural, design, engineering and construction funis selected by Tenant. 3.7 Costs of Construction. Tenant shall bear all costs and expenses associated with the design, construction, furnishing, equipping and supplying of the Project, which costs and expenses include without limitation: (i) utility hook-up and connection fees and all distribution facilities, conduits, pipelines and cables required in connection with the development of the Project, (ii) all design, engineering, financing and construction costs, and (iii) all necessary use permits or variances, and all grading, building and like permits required to construct and operate the Project, including the Coastal Development Permit and any fees assessed on the Premises by any governmental or quasi -governmental agency or authority in connection with any regional transportation or other public improvements, and school district taxes, development fees and assessments. 3.8 Renovation and Maintenance of Hotel. Subject to Sections 10.4 and 10.5 hereof, Tenant shall maintain the hotel component of the Project, and each part thereof, and the furniture, fixtures, appliances and personal property used in connection therewith, in a condition of repair and maintenance at least comparable to other first class hotels in the Newport Beach area (such as, on the date hereof, the Marriott Fashion Island); provided, however, that Tenant shall not be required by this Section 3.8 to make any material capital investment in the hotel component of the Project to upgrade facilities, systems and equipment which are included in comparable quality hotels designed and constructed after the date of Landlord's approval of the Final Plans as provided in the Option Agreement, but which were not customary in such other quality hotels at the time of such design approval. From time to time, but no more frequently than once in any consecutive six (6) month period, upon request of Tenant, Landlord shall provide an estoppel certificate to Tenant certifying whether, in the opinion of Landlord, the Project, and each part thereof, and the furniture, fixtures, appliances and personal property used in connection therewith, has or has not been maintained in a condition of repair and maintenance at least comparable to other first class hotels in the Newport Beach area as of the date of such certificate. Tenant shall maintain the hotel with not less than one hundred forty (140) guest rooms and all related facilities necessary or desirable to achieve the standard contemplated in this Lease, including food and beverage services, banquet, conference and meeting facilities, NB1:215136.23 12 restaurants, sundries and gift shops, and spa and health club; provided, however, if during the Term, Tenant reasonably determines that maintenance of such number of guest rooms or related facilities is not as economically advantageous as some other permitted use, Tenant shall be entitled to reduce the number of required guest rooms or related facilities to allow for such other permitted uses so long as there is no material reduction in economic benefits accruing to Landlord or the City from the Project by reason of such change in use; provided, however, in no event may the number of hotel rooms -be reduced below one hundred twenty-five (125) without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. 3.9 Renovation and Maintenance of Apartments. Tenant shall maintain the apartment component of the Project, and each rental unit therein, and the furniture, fixtures, appliances and personal property used in connection therewith, in a condition of repair and maintenance comparable to other quality apartment rentals in the Newport Beach area; provided, however, that Tenant shall not be required by this Section 3.9 to make any material capital investment in the apartment component of the Project to upgrade facilities, systems and equipment which are not included in the apartment component of the Project as of the date of Landlord's approval of the Final Plans as provided in the Option Agreement. Tenant shall, from time to time as each apartment unit is leased, but not less frequently than once every five (5) years during the Term hereof, renovate each apartment unit to maintain such quality by cleaning and/or replacing the carpeting, floor coverings and/or window coverings as reasonably required and painting the unit interior walls. Subject to Sections 10.4 and 10.5, Tenant shall maintain and operate the Terrace Apartment Building as apartment units available for rental at all times during the Term in a manner consistent with the provisions of Chapter 74, Statutes of 1978, as- amended, including but not limited to Sec. 4.5(b) as added by Chapter 728, Statutes of 1994. 3.10 Maintenance of Marina Operations. Tenant shall maintain the marina facilities, and the fixtures, appliances and personal property used in connection therewith, in a condition of repair and maintenance at least comparable to comparable quality of marina operations in the Newport harbor throughout the Term; provided, however, that Tenant shall not be required by this Section 3.10 to make any material capital investment in the marina component of the Project to upgrade facilities, systems and equipment which are included in the existing marina as of the date of Landlord's approval of the Final Plans as provided in the Option Agreement. Tenant shall maintain and operate not less than one hundred forty (140) slips with a reasonable number suitable for boats of up to one hundred (100) feet in length for rental throughout the Term to the general public who are members of the Balboa Bay Club, and shall make such slips available for rental at comparable rental rates for comparably sized and maintained marina facilities in the Newport Harbor from time to time during the Term. Tenant shall not enter into rental or leasing agreements for boat slips (i) for a term of longer than one (1) year unless such agreements have provision for adjustment of rent to full fair market rental value not less often than each year, or (ii) with any person for a discounted or reduced rental below comparable rental rates of the slip based upon membership in any club, facility or business arrangement between Tenant, or any affiliated entity, and a renter of a slip. 3.11 Landlord's Cooperation. Landlord shall cooperate with Tenant in all of Tenant's efforts to construct, operate and maintain the Project as set forth in this Article III, NB1:215136.23 13 and shall execute such applications and other undertakings as shall be reasonably required in its capacity as the owner of the Premises to enable Tenant to file for and obtain all building permits, licenses, variances, permissions and consents necessary to construct, operate and maintain the Project and otherwise to perform its activities under this Article III; provided, however, that nothing herein shall imply any obligation inconsistent with or result in any diminution of Landlord's legislative, quasi judicial or administrative rights, obligations and prerogatives as a municipal public agency, including Landlord's rights, obligations and prerogatives in connection with reviewing and approving any license, permit or entitlement for the development, construction or use of the Premises. ARTICLE IV REPRESENTATIONS AND WARRANTIES 4.1 Landlord's Representations and Warranties. As a material inducement to Tenant to enter into this Lease, Landlord represents and warrants the following as of the date hereof: (a) Power and Authority. That it is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of California; that it has all necessary power and authority to enter into this Lease and to carry out the transactions contemplated herein; and that the execution and delivery hereof and the performance by Landlord of Landlord's obligations hereunder will not violate or constitute an event of default under the terms and provisions of any agreement, ordinance, regulation, lease, law or court order to which Landlord is a party or by which Landlord is bound the remedy for which default would have a material adverse effect on Landlord's ability to perform its obligations hereunder. (b) Authorization; Valid Obligation. That all actions required to be taken by or on behalf of Landlord to authorize it to execute, deliver and perform its obligations under this Lease have been taken, and that this Lease is a valid and binding obligation of Landlord enforceable in accordance with its terms, except as the same may be affected by bankruptcy, insolvency, moratorium or similar laws, or by legal or equitable principles relating to or limiting the rights of contracting parties generally. (c) Executing Parties. That the persons executing this Lease on behalf of Landlord have full power and authority to bind Landlord to the terms hereof. (d) Possessory Rights. Landlord has no knowledge that anyone has any right to occupy, possess or use the.Premises, or any part thereof, other than Tenant under the Existing Lease, rights imposed as a condition of approval of the construction or operation of the Project by governmental authorities having jurisdiction over the Premises, rights derived as a matter of law by virtue of the Premises being tidelands, and any person deriving such rights by agreement or conduct of Tenant. (e) Actions, Suits or Proceedings. Landlord has no knowledge of any actions, suits or proceedings pending or threatened before any commission, board, NB 1:215136.23 14 bureau, agency instrumentality, arbitrator(s), court or tribunal that would affect the Premises or the right of Tenant to occupy or utilize same. 4.2 Tenant's Representations and Warranties. As a material inducement to Landlord to enter into this Lease, Tenant represents and warrants the following as of the date hereof: (a) Power and Authority. That it is a corporation duly organized, validly existing and in good standing under the laws of the State of New York; that it is qualified to conduct business in the State of California; that it has all necessary power and authority to enter into this Lease and to carry out the transactions contemplated herein; and that the execution and delivery of this Lease and the performance by Tenant of its obligations hereunder will not violate or constitute an event of default under the terms and provisions of any agreement, ordinance, regulation, law or court order to which Tenant is a party or by which Tenant is bound. (b) Authorization; Valid Obligations. That all actions required to be taken by or on behalf of Tenant to authorize it to execute, deliver and perform its obligations under this Lease have been taken, and that this Lease is a valid and binding obligation of Tenant enforceable in accordance with its terms, except as the same may be affected by bankruptcy, insolvency, moratorium or similar laws, or by legal or equitable principles relating to or limiting the rights of contracting parties generally. (c) Executing Parties. That the persons executing this Lease on behalf of Tenant have full power and authority to bind Tenant to the terms hereof. ARTICLE V RENT 5.1 Rent. Subject to the limitations of Section 5.3 below, commencing upon the Commencement Date, Tenant shall pay to Landlord the greater of (i) annual rent in the sum of One Million One Hundred Twenty -Five Thousand Dollars ($1,125,000) (the "Base Rent") as adjusted pursuant to Section 5.4 below, or (ii) the percentage rent set forth in Section 5.2 (the "Percentage Rent"). Base Rent and Percentage Rent are hereinafter. referred to as "Rent." 5.2 Percentage Rent. Percentage Rent shall equal the total of the percentages set forth below of the corresponding categories of Gross Revenues on an annual basis from each transaction, sale or activity of Tenant on or from the Premises: CATEGORY Dues Revenues Apartment Revenues Marina Revenues Storage Revenues Charter Commission Revenues NB 1:215136.23 15 PERCENTAGE RENT 6% 16.5% 31% 20% 20% Charter Revenues 6% Room Revenues 5% Beverage Revenues 5% Food Revenues 3% Retail Revenues 5% Miscellaneous Revenues 10% To the extent that Gross Revenues include proceeds of business interruption or rental loss insurance which are based upon or in compensation for Percentage Rent payable under this Lease, the Percentage Rent owed for any of the foregoing activities for which such proceeds of business interruption or rental loss insurance were received during the period affected by such insurance claim shall be the greater of (i) the amount of such proceeds of business interruption or rental loss insurance relating to Percentage Rent payable to Landlord hereunder, or (ii) the amount of Percentage Rent calculated as set forth above after deduction from Gross Revenues of the amount of such proceeds of business interruption or rental loss insurance relating to Percentage Rent. 5.3 Base Rent During Construction. Notwithstanding Section 5.1 above, from and after the Commencement Date until the earlier of (i) thirty (30) months following the Commencement Date, or (ii) such time as certificates of occupancy have been issued with respect to the renovation of the hotel portion of the Project as contemplated in this Lease, the Base Rent payable hereunder shall be limited to Forty -Six Thousand Eight Hundred Thirty -Three and 34/100 Dollars ($46,833.34) per month; provided, however, Tenant shall remain obligated to pay Percentage Rent to the extent it exceeds such Base Rent during such period. 5.4 Periodic Adjustments of Base Rent. Upon the first day of the ninety- seventh (97t) month following the Commencement Date, and the first day of every sixty-one months thereafter (respectively, an "Adjustment Date"), Base Rent shall be increased or decreased, as the case may be, to a sum equal to seventy-five percent (75%) of the average annual total of Rent payable during the immediately preceding five (5) years. Following receipt of the report of Gross Revenues and Percentage Rent for the year immediately preceding an Adjustment Date, Landlord shall calculate the adjustment in Base Rent, if any, and shall notify Tenant in writing of such adjustment. Subject to Tenant's right to contest, in good faith, Landlord's calculation of the adjustment to Base Rent, any such adjustment shall be effective as of the relevant Adjustment Date, and Tenant shall pay any accrued and unpaid Base Rent from the Adjustment Date to the date of receipt of Landlord's notice of adjustment in Base Rent no later than fifteen (15) days following receipt of Landlord's notice of adjustment in Base Rent. 5.5 Fair Market Adjustment of Base Rent. Upon the twenty-sixth (26th) anniversary of the Commencement Date (the "Market Adjustment Date"), the Base Rent shall be increased or decreased, as the case may be, based upon the determination of the fair market rental value of the Premises in the manner set forth in Section 19.19. For purposes of appraising the fair market rental value of the Premises, the appraisers shall determine such value including payment of minimum rent and percentage rent in excess thereof in the categories set forth in Section 5.2 above. The Base Rent shall be adjusted to equal seventy-five percent (75%) of the full fair market rental value of the Premises as so determined. In the event the adjusted Base NB1:215136.23 16 A7-,. LS, 2-03 9C"i I , 7ja0g Oct 25, 2.0ZI, Rent determined pursuant to this Section 5.5 is one hundred twenty percent (120%) or more of the average annual Base Rent payable during the five (5) Fiscal Years preceding the Market Adjustment Date, the amount by which the new Base Rent exceeds one hundred twenty percent (120%) or more of the average annual Base Rent payable during the five (5) Fiscal Years preceding the Market Adjustment Date shall be added to Base Rent at the rate of twenty-five percent (25%) thereof per year in the ensuing four (4) Fiscal Years. For example, if the amount by which the new Base Rent exceeds one hundred twenty percent (120%) or more of the average annual Base Rent payable during the preceding five (5) Fiscal Years is $4,000, then Base Rent shall be increased by $1,000 in each of the ensuing four (4) Fiscal Years. Landlord and Tenant agree to use the appraisal methodology utilized by Landlord's appraisal conducted by William Hansen & Associates, dated November 4, 1994, in the computation of the market rent upon the commencement of this Lease. 5.6 Payment of Rent. Base Rent shall be payable on the first (1st) day of each Accounting Period during the Term; provided, however, to the extent that Percentage Rent for such Accounting Period exceeds the Base Rent paid during such Accounting Period, the differential shall be payable in arrears concurrent with the next installment of Base Rent. Any installment of Rent payable during any Accounting Period shall equal the greater of (i) Percentage Rent computed from the commencement of that particular Fiscal Year to the end of the Accounting Period for which such Rent is due, or (ii) the Base Rent due from the commencement of that particular Fiscal Year to the end of the Accounting Period for which such Rent is due, in each instance less the aggregate amount of any Rent previously paid to Landlord during such Fiscal Year. 5.7 Charges for Goods and Services. Tenant agrees to charge prices for all goods, services and facilities (including boat slip rentals) offered at or provided on or from the Premises comparable with prices for such goods and services charged at other private clubs in. Southern California; provided, however, (i) that for purposes hereof, the rent charged for slips in the marina shall be adjusted, where necessary, to eliminate any discounts or reduced fees and charges at such clubs based upon payment of membership fees or other comparable arrangements, and (ii) nothing herein shall limit or impair Tenant's ability to charge less than such amounts if, in the exercise of Tenant's reasonable business judgment, such lesser amounts will stimulate revenue increases or in connection with advertising, promotions, discounts to employees, guests or charitable functions. 5.8 Reconciliation of Annual Rent. Within thirty (30) days following receipt by Landlord of the annual statement set forth in Section 5.10(b), the Percentage Rent due for such Fiscal Year shall be determined, subject to audit as set forth in Section 5.10(e), and the amount of Rent paid or payable for such Fiscal Year shall be adjusted accordingly. Landlord shall credit the amount of any Rent received from Tenant pursuant to Section 5.6 which is in excess of the amount of Rent determined to have been due and payable for such Fiscal Year, such excess to the installments of Rent next following. Tenant shall pay, within five (5) days following such determination, but in no event later than one hundred and sixty (160) days following the end of such Fiscal Year, the full amount of Rent determined to have been due and payable for such Fiscal Year. NB 1:215136.23 17 5.9 Place for Payment of Rentals. All payments of Rent shall be made in lawful money of the United States of America and shall be paid to Landlord at Landlord's address as set forth in Section 19.6 or to such other parties and/or to such other address as Landlord may from time to time designate in writing to Tenant. 5.10 Records and Reports of Sales. (a) Quarterly Statement. Tenant shall provide to Landlord a statement setting forth in reasonable detail the amount of Tenant's Gross Revenues (including a breakdown among the categories set forth in Section 5.2 above) for the immediately preceding Accounting Period within twenty (20) days following the end of each Accounting Period. (b) Annual Statement. Tenant shall provide to Landlord a statement setting forth in reasonable detail the amount of Tenant's Gross Revenues for the preceding. Fiscal Year within one hundred twenty (120) days following the end of each Fiscal Year. (c) Payment of Percentage Rent. Tenant shall accompany the statement of Gross Revenues for each Accounting Period and the Fiscal Year with a payment of the amount by which Percentage Rent exceeds the Base Rent paid during such Accounting Period calculated in accordance with Section 5.2 of this Lease. (d) Books and Records. Tenant shall prepare and keep full, complete, accurate and proper books, records and accounts of all business conducted by Tenant or its Affiliates from the Premises, in accordance with generally accepted accounting principles consistently applied, which shall include equipment to record all sales at the time of the transaction. Tenant shall keep at the Premises records of Tenant's Gross Revenues for a period of not less than three (3) years after the expiration of the Fiscal Year to which such records relate and upon request shall furnish Landlord true and accurate statements thereof. Within one hundred twenty (120) days following the close of each Fiscal Year, Tenant shall deliver to Landlord an audited statement prepared by a nationally recognized independent firm of certified public accountants showing in reasonable detail, on a Fiscal Year basis, the amount of Tenant's Gross Revenues (including a breakdown among the categories set forth in Section 5.2 above) for the immediately preceding Fiscal Year. (e) Audit Rights. Landlord shall have the right upon two (2) days prior notice to Tenant and during normal business hours, but not more often than one (1) time during each Fiscal Year of the Term, to audit the Tenant's statements of Gross Revenues, and supporting records and data. Within ten (10) days of receipt of such audit, Tenant shall pay Landlord the additional Rent found to be due plus interest thereon at the Lease Interest Rate if the audit discloses an understatement of annual Gross Revenues. 'However, if the audit discloses Rent has been overpaid by Tenant, the excess shall be applied to any amounts then due from Tenant to Landlord, and the balance, if any, shall be credited against Base Rent thereafter due from Tenant. Tenant shall pay for the NB 1:215136.23 18 reasonable cost of Landlord's audit if Landlord's audit discloses a total underpayment of Rent for any Fiscal Year which is in excess of five percent (5%). Landlord shall have the right to receive a copy of the results of any audit conducted at the request of Tenant of Tenant's statements of Gross Revenues during the Term. Promptly following the completion of any such audit, Tenant shall deliver, or cause to be delivered, to Landlord a copy of the result of such audit regardless of whether Landlord shall have made a demand therefor. (f) Annual Forecast of Operations. On or before May 1 of each year during the Term, Tenant shall provide Landlord, for informational purposes, with a forecast for the ensuing Fiscal Year of the amount of (i) Gross Revenues expected to be received by Tenant, and (ii) Percentage Rental expected to be payable hereunder (by categories of Percentage Rental). On or before September 30 of each year during the Term, Tenant shall provide Landlord with a forecast for the ensuing twelve (12) month period of budgeted capital improvements, replacements, repairs and maintenance that Tenant anticipates expending during such twelve (12) month period to maintain the Project in a manner consistent with the original quality of the Project upon completion of construction in accordance with the Final Plans as required by Section 6.3. 5.11 Additional Rent. Tenant agrees to pay, as rental for the Leased Premises, within ten (10) days of Landlord's demand therefor, unless a different time for payment is expressly provided herein, all other amounts Tenant is obligated to pay Landlord under the provisions of this Lease in addition to Rent ("Additional Rent"). 5.12 No Abatement or Reduction in Rent. Except as expressly provided to the contrary elsewhere in this Lease, Tenant shall not be entitled to any abatement, set-off or reduction in Rent or Additional Rent hereunder. 5.13 No Partnership Created. Landlord and Tenant shall in no event be construed or held to be partners, co-owners, joint venturers or associates of one another in the conduct of Tenant's business on the Premises, or in its ownership of the Project. The relationship between Landlord and Tenant is and at all times shall remain that of lessor and lessee for all purposes. 5.14 Net Lease. The Rent set forth in this Article V herein is based upon the assumption that Landlord will not have to pay any expenses or incur any liabilities of any kind in any way relating to, or in connection with, the Premises during the Term except for refunds, interest, credits or other payments herein specifically set forth. Accordingly, Tenant will promptly pay all costs of every kind and description relating to or arising out of the Premises during the Term. ARTICLE VI TENANT'S OBLIGATION WITH RESPECT TO MAINTAINING PREMISES 6.1 Repairs and Maintenance. Tenant shall at all times during the Term keep in good order, condition and repair the entire Premises and all improvements and buildings NB 1:215136.23 19 located thereon, including the structural and non-structural portions of the Project, the entrances, the windows, partitions, doors, lighting and plumbing fixtures, heating, ventilation and air conditioning systems, the grounds and all landscaping, the paving and other hardscape surfaces, and all fixtures, equipment and appurtenances relating to the Premises and/or the Project, subject to reasonable wear and tear, fire and other casualty, consistent with the continued operation of a project of the type, size and quality of the Project. 6.2 Taxes and Assessments. (a) Except as otherwise expressly permitted elsewhere in this Lease, during the Term, Tenant shall pay prior to delinquency the amount of all taxes and assessments levied against, or on account of, the Premises; provided, however, that, if by law any such tax or assessment is payable or may at the option of taxpayer be paid in installments, Tenant may pay the same, together with any accrued interest payable on the unpaid balance of such tax or assessment, in installments as the same become due and before any fine, penalty, interest or cost may be added thereto for the nonpayment of any such installment and interest. Taxes and assessments shall be prorated for the final year of the Term (or earlier termination) based upon the number of days during such final year that this Lease is in effect. Notwithstanding the foregoing, in no event shall Tenant be liable for increases in taxes or assessment, if any, attributable to a "change in ownership" of Landlord's interest in the Premises. (b) Tenant shall pay, before delinquency, all taxes and assessments levied against, or on account of, all fixtures, equipment and personal property located in or upon the Premises and/or the Project. (c) Landlord and Tenant agree to consult with each other and to keep each other advised concerning any controversy or contest pertaining to the amount or validity of any tax or assessment referred to in this Section 6.2, which tax or assessment Tenant is required to pay or reimburse to Landlord under the terms of this Lease. Tenant shall have the right, at Tenant's sole cost and expense, to contest the amount or validity of any tax or assessment levied upon, imposed, assessed, or proposed to be assessed, against the Premises and/or the Project or any of the personal property therein to the extent permitted by applicable law; provided, however, Tenant shall do the following: (i) comply with all laws, orders, rules and regulations respecting such contest; (ii) give Landlord prior written notice of Tenant's intent to so contest said amount or validity; and, (iii) at Landlord's sole option, either (A) demonstrate to Landlord's reasonable satisfaction that the proceedings to be initiated by Tenant shall conclusively operate to prevent the sale of the Premises, the Project and all personal property thereat, or any part thereof, to satisfy such tax or assessment prior to final determination of such proceedings, or (B) furnish a good and sufficient bond or surety or other assurance as requested by and reasonably satisfactory to Landlord, or (C) provide a good and sufficient undertaking as may be required or permitted by law to accomplish a stay of any such sale. Nothing in this subsection 6.2(c) shall be deemed or construed as relieving, modifying or extending Tenant's covenant to pay any such tax or assessment at the time and in the manner provided in this Section 6.2. NB 1:215136.23 20 6.3 Capital Repairs and Replacements. If during each rolling three (3) year increment of the Term, commencing upon the third (3rd) anniversary of the completion of construction of the hotel portion of the Project, Tenant fails to expend a sum equal to at least four percent (4%) of Gross Revenues per annum during such period on repairs, replacements and renewals of Furnishing, for routine repairs and maintenance and non-structural refurbishments of the Project (including capital improvements, but excluding substantially complete replacement of long term capital improvements, such as replacement of the roof, mechanical, electrical or similar building systems, or major portions thereof), Tenant shall deposit in a separate account (the "Reserve Account") with a commercial bank or savings and loan association approved by Landlord, or with or under the control of Tenant's Mortgagee if such Mortgagee shall so require, an amount equal to the difference between the sum actually expended by Tenant for the foregoing purposes during such period and four percent (4%) of Gross Revenues per annum during such period which Reserve Account shall be used by Tenant for the specific purpose of accumulation therein and disbursing therefrom funds to be used solely for the foregoing purposes. Tenant shall not withdraw funds from the Reserve Account in any ensuing Fiscal Year until Tenant has expended for the foregoing purposes in such Fiscal Year a sum of not less than four percent (4%) of Gross Revenues during such Fiscal Year. Nothing herein contained shall be construed as a limitation on Tenant's obligations under other provisions of this Lease to repair, maintain and replace the Furnishings or the Premises, and each portion thereof. At all times after the Reserve Account has been established, Tenant shall include in each annual forecast to be submitted to Landlord pursuant to Section 5.10(f) above a reconciliation of funds expended for the foregoing purposes, and evidence of all amounts contained in and all deposits and withdrawals from the Reserve Account during the preceding Fiscal Year. Notwithstanding anything to the contrary contained herein, Tenant shall not be obligated to make other than ordinary repairs and replacements of Furnishings during the final five (5) years of the Term and during such five (5) year period the amount that Tenant shall be required to expend or reserve under this Section 6.3 shall be reduced to two percent (2%) per annum. Upon expiration or earlier termination of this Lease, all funds required to be maintained in the Reserve Account shall be allocated first to any repairs, maintenance, replacements and renewals necessary to place the Project and Furnishings in a first class condition and any excess shall be the sole property of Tenant. ARTICLE VII USE OF PREMISES 7.1 Use of Premises. The Premises may be used solely for construction, renovation, maintenance and operation of the Project, which shall include the right to (i) operate or enter into businesses or grant licenses, concessions or subleases covering less than ten thousand (10,000) square feet of space in the Project in the aggregate to third parties provided that the same shall be done in arm's length transactions to persons unrelated to Tenant on commercially reasonable terms, and (ii) leases or subleases of apartment units in the Project. Tenant shall be permitted to grant licenses, concessions or subleases to Affiliates on customary terms for fair market value so long as all gross revenues derived by any such Affiliate in connection with any such license, concession or sublease shall be included within the appropriate category of Gross Revenues hereunder. The licenses, concessions and/or subleases granted by Tenant in connection with its operation of the Project shall only be for businesses that provide ND 1:215136.23 21 goods and/or services principally for the purpose of catering to the needs and desires of hotel guests and club members, and the businesses conducted by such licensees, concessionaires or sublessees shall be conducted in a manner consistent with the quality of services required to be offered at the Project by the terms of this Lease. In no event shall Tenant engage in any activity for the exploration, production, extraction, taking or transport of any oil, oil rights, gas, minerals, mineral rights, natural gas rights and other hydrocarbon substances or minerals in and under the Premises. 7.2 Pump -Out Station. At all times during the Term, Tenant covenants and agrees to install and maintain a vessel holding tank pump -out facility in the marina area of the Premises convenient and available for use by the public, which facility shall at all times be maintained and operated in accordance with all applicable Federal, State or local laws, regulations and ordinances. 7.3 Environmental Requirements. (a) Tenant shall not use, nor permit the use of, any Hazardous Material in the construction, reconstruction or renovations of, or additions to the Project in violation of any applicable law, regulation, code or ordinance. Tenant shall, at its expense, comply, and require each of its subtenants, licensees and/or concessionaires of space in the Project or elsewhere on the Premises to comply, with all applicable laws, regulations, codes and ordinances relating to any Hazardous Material or to any Hazardous Material Activities, including obtaining and filing all applicable notices, permits, licenses and similar authorizations. (b) Tenant shall indemnify, defend, protect and hold Landlord, its City Council, boards, commissions, agents, servants and employees, harmless from and against any and all liability, claims, actions and out-of-pocket costs or expenses of any kind or nature, including damage to any property and injury (including death) to any person (collectively, "Claims"), arising directly or indirectly from any Hazardous Material Activity of, Tenant or any of Tenant's agents, employees, independent contractors, invitees, licensees, guests, subcontractors, and Affiliates during the Term; provided, however, that Tenant shall have no liability under this Section 7.3(b) for any portion of any Claim which arises out of the negligence or willful misconduct of any party indemnified under this Section 7.3(b). The foregoing indemnity shall include all costs and expenses of removal, remediation of any kind and disposal of any such Hazardous Material, and all reasonable consultants' fees, attorneys' fees and investigation costs and all other reasonable costs, expenses and liabilities incurred by any indemnified party or their counsel from the first notice that any Claim is to be made or may be made. The obligation of Tenant under this Section 7.3(b) shall survive the expiration or earlier termination of the Term. NB 1:215136.23 22 -IN, ARTICLE VIII CONDUCT OF BUSINESS BY TENANT 8.1 Standards of Operation. Tenant shall continuously (except for reasonable interruption during repairs, maintenance or renovations and during any delay caused by an event of Force Majeure) during the Term, diligently operate, or cause to be operated, the Project in a first-class manner and as otherwise required by this Lease. Tenant shall stock and maintain adequate working capital and adequate inventories of food, beverages, operating equipment and supplies. 8.2 Management. Tenant agrees that at all times during the Term, the hotel and restaurant portions of the Project shall be managed and operated by Tenant, an Affiliate of Tenant or a Qualified Manager. It shall not be deemed a default by Tenant under the Lease if at any time during the Term it shall be determined that the then manager of the hotel and/or restaurant portions of the Project is not a Qualified Manager so long as the applicable management agreement or employment contract shall give Tenant the right to terminate said agreement and Tenant shall promptly take all reasonable steps to terminate said agreement and remove said manager from the Premises. 8.3 Competition by Tenant. Beginning on the Commencement Date and continuing for a period of five (5) years following substantial completion of the construction and renovation of the Project, as contemplated in the Final Plans approved by Landlord under the Option Agreement, Tenant agrees for itself and its Affiliates that Tenant and its Affiliates shall not own, lease, manage or operate, or participate in the ownership, lease, operation or management of, including any ownership interest in any partnership, joint venture or other equity participation, any business venture or operation similar to the Project, or any component or business conducted within or as part of the Project, located on Newport Harbor (that is, its nearest boundary is within fifteen hundred (1,500) feet of the waterfront). It is expressly acknowledged and agreed that Landlord is entering into this Lease in reliance upon this covenant, and the rental payable to Landlord hereunder would be adversely affected by a violation of this covenant by Tenant, and Landlord would not enter into this Lease in the absence of such a covenant. The foregoing restriction shall not apply to (i) any Mortgagee who shall have acquired Tenant's leasehold estate hereunder pursuant to a judicial or non judicial foreclosure of its Mortgage or a deed or other conveyance in lieu of such foreclosure, or (ii) any entity which shall be an institutional investor with a diversified investment portfolio containing projects operated under three (3) or more trade names and under management agreements with three (3) or more unaffiliated national chain management companies. The foregoing prohibitions on ownership shall not be deemed to apply to ownership of less than a Controlling interest in any publicly traded corporation, or ownership of hotels in a diversified investment portfolio of insurance companies, pension funds or similar institutional investors containing hotels operated under three (3) or more trade names with management contracts with three (3) or more unrelated national hotel chain management companies. The restrictions set forth in this Section 8.3 shall not be,deemed to apply to any operations of Tenant or its Affiliates (or any successor thereto) substantially similar to the Project that are owned, leased or operated by Tenant or its Affiliates (or any successor thereto) as of the date of this Lease or in which Tenant or any Affiliate (or any NB 1:215136.23 23 successor thereto) participates in the ownership, lease or operation as of the Commencement Date. 8.4 Use of Name. At all times during the Term, the Project shall be operated utilizing the words "Balboa Bay" in its name; provided, however, any Qualified Manager may operate the Project under its trade name in conjunction with the foregoing words. ARTICLE IX ALTERATIONS, FIXTURES AND SIGNS 9.1 Tenant's Right to Make Alterations. Tenant shall have the right, at any time and from time to time, to make any repair, alteration or addition which Tenant deems advisable to the improvements constructed upon the Premises by Tenant; provided, however, that all such repairs, alterations or additions to the Project shall be consistent with the Premises being used for the purposes permitted by this Lease and be of the type and quality required by this Lease, shall be at least equal to the quality of the design and construction of the Project contemplated in the Final Plans. 9.2 Prohibition Against Liens. Tenant shall not create nor permit to be created or to remain, any lien, encumbrance or charge (whether levied on account of any mechanic's, laborer's or materialmen's lien or any conditional sale, title retention Lease or chattel mortgage) against the Premises or the Project, or any part thereof or interest therein, except for equipment leases, title retention agreements and similar instruments in connection with financing of the purchase or lease of Furnishings. Subject to Tenant's right to contest such liens as set forth in this Lease, if any mechanic's, laborer's or materialmen's lien shall at any time be filed against the Premises and/or the Project, or any part thereof or interest therein, Tenant shall with all due diligence cause the same to be discharged of record by payment, bonding in accordance with applicable law, or transfer of such lien to other security pursuant to applicable law. 9.3 Signs. Tenant will not place or suffer to be placed or maintained on the exterior of any improvements or on the Premises any signs, logos or advertising unless such signs, logos or advertising are consistent with the signage program outlined on Exhibit C attached hereto and otherwise conform to the signage regulations of the City and the Coastal Commission, as applicable. ARTICLE X INSURANCE, INDEMNITY AND CASUALTY 10.1 Insurance. Tenant shall maintain at its sole cost and expense during the Term, unless otherwise specified, the following types of insurance under conditions and in at least the amounts and forms specified below: (a) Insurance Carriers; Forms of Policies. All primary insurance (as compared to excess insurance) described under this Article X shall be maintained by Tenant with insurance carriers licensed and approved to do business in California, having NB 1:215136.23 24 a general policyholders rating of not less than "A" and financial rating of not less than "VII" (or, if any Leasehold Mortgagee shall require a higher rating, such higher rating) in the most current Best's Key Rating Guide. In no event will such insurance be terminated or otherwise allowed to lapse without replacement prior to expiration or earlier termination of this Lease. Tenant may provide the insurance described in this Article X in whole or in part through a policy or policies covering other liabilities and properties of Tenant or its Affiliates; provided, however, that any such policy or policies shall: (a) allocate to the Project the full amount of insurance required hereunder, and (b) contain, permit or otherwise unconditionally authorize the waiver contained in Section 10.1(i) below. (b) Evidence of Insurance. As evidence of specified insurance coverage, Landlord shall receive certificates issued by Tenant's insurance carriers or authorized representatives acceptable to Landlord showing such policies in force for the specified period. Such evidence shall be delivered to Landlord prior to the Commencement Date. Each such policy shall not be subject to material alteration or cancellation without thirty (30) days' prior written notice to be delivered to Landlord. Should any policy expire or be canceled before expiration of the Lease and Tenant fails immediately to procure other insurance as specified, Landlord reserves the right to procure such insurance and to receive payment from Tenant for the cost thereof. Tenant shall also allow Landlord to inspect such evidence of insurance Tenant obtains from its contractors. (c) Damages. Nothing contained in these insurance requirements is to be construed as limiting the type, quality or quantity of insurance Tenant may maintain or the extent of Tenant's responsibility for payment of damages resulting from its operations under this Lease. (d) Workers' Compensation Insurance. Tenant shall maintain full Workers' Compensation Insurance for all persons whom it employs in accordance with the requirements of the most current and applicable State Workers' Compensation Insurance Laws in effect. (e) Comprehensive General Liability Insurance. Tenant shall maintain Comprehensive General Liability Insurance with a combined single limit for bodily injury and property damage of Ten Million Dollars ($ 1 0,000,000)(which amount shall be subject to periodic adjustment in accordance with subsection (1) below) covering Operations, Independent Contractors, Products and Completed Operations, Contractual Liability specifically covering the indemnifications of Landlord contained in this Lease, Broad Form Property Damage, Severability of Interest or Cross Liability clauses, Personal Injury, Liquor Law Liability, and Explosion, Collapse and Underground Hazards (X,C,U). In the event Liquor Law Liability insurance shall become commercially unavailable at reasonable rates and terms in the amounts required above, Tenant shall be permitted to obtain such lower limit as then may be commercially available at reasonable rates and terms in the commercial insurance marketplace, provided that, in no event, may Tenant be permitted to obtain or maintain Liquor Law Liability insurance with a limit of coverage lower than Five Million Dollars NB 1215136.23 25 ($5,000,000)(which amount shall be subject to periodic adjustment in accordance with subsection (1) below). The limits of liability of the insurance coverage specified in this paragraph may be provided by any combination of primary and excess liability insurance policies. (f) Automobile Liability Insurance. Tenant shall maintain owned, hired and non -owned automobile liability insurance covering all use of all automobiles, trucks and other motor vehicles utilized by Tenant in connection with the Premises with a combined single limit for bodily injury and property damage of Five Million Dollars ($5,000,000)(which amount shall be subject to periodic adjustment in accordance with subsection (1) below). (g) Property Insurance -Construction. During construction of any improvements on the Premises, Tenant shall maintain builder's risk insurance against "all risk" of physical loss, including the perils of flood, collapse and transit, with commercially reasonable deductibles, covering the total cost of work performed, equipment, supplies and materials furnished on a replacement cost basis. Tenant shall be permitted to obtain and maintain the flood insurance required hereunder in such amounts and forms as are available, from time to time, under the National Flood Insurance Program. (h) Property Insurance -Operations. Upon completion of construction of the Project but in no event prior to the time that the insurance required under Section 10.1(g) above ceases, Tenant shall obtain insurance on the Project and shall maintain insurance continuously during the Term, against "all risk" perils of physical loss and "Boiler and Machinery" perils, including fire, lightning, riot and civil commotion, vandalism and malicious mischief, and insurance against loss or damage from explosion of boilers, generators, transformers, heating apparatus and air conditioning systems and against such other risks or hazards as may customarily be insured against for projects in Southern California of the type, size and quality of the Project. Such insurance shall be in amounts not less than ninety percent (90%) of the then full replacement cost of the Project without deduction for depreciation, and otherwise sufficient to satisfy the requirements of any Mortgagee. Such policies of insurance shall contain the "Replacement Cost Endorsement." Such full replacement cost shall pertain to the Project and Furnishings and be determined not less often than each two (2) years during the Term. (i) Waiver of Subrogation. Each policy of insurance procured pursuant to this Article X shall contain a waiver by the insurer of the right of subrogation against either party hereto for negligence of such party. To the extent such insurance is not impaired thereby, Landlord and Tenant each hereby waives any and all rights of recovery against the other, and against its shareholders, officers, directors, employees, subsidiaries, partners, servants, agents and representatives, for loss or damage arising from any cause 'insured against under the form of insurance policies required to be carried pursuant to this Article X or under any other policy of insurance carried by either Landlord or Tenant. NB 1:215136.23 26 Tenant and Landlord each agrees to use reasonable efforts to obtain its liability insurance carriers' permission as to such waiver of subrogation. .0) Compliance. Tenant shall at all times use diligent efforts to observe and comply with the requirements of all policies of insurance in force with respect to the Premises or the Project, or any part thereof, and Tenant shall so perform and satisfy the requirements of the companies writing such policies if it is commercially reasonable to do so. Tenant shall, if any subtenant, licensee, concessionaire or other user of any portion of the Premises or Project engages in any activity in violation of the requirements of all policies of insurance in force with respect to the Premises or the Project, or any part thereof, take steps, immediately upon becoming aware of such activity, to remedy or prevent the same, as the case may be. (k) Additional Insured. Landlord shall be included as an additional named insured under the coverage specified in Sections 10.1(e) and (f) above. The insurance required under Sections 10.1(e) and (f) shall be primary and any other insurance maintained by any such additional insured shall be non-contributing with said insurance required hereunder. Landlord shall be included as additional named insured as its interest appears in regard to insurance described in Sections 10.1(g) and (h). (1) Index. Each sum which, by the terms of this Article X, is subject to periodic adjustment in accordance with this subsection (1) shall be increased on each seven (7) year anniversary of the Commencement Date during the Term by the percentage of any increase for the preceding year in the Consumer Price Index for All Urban Consumers, Los Angeles -Anaheim -Riverside, All Items (1982-84 Base), published by the Bureau of Labor Statistics, Department of Labor. The successor or most nearly comparable index published by some other branch or department of the United States Government shall be used if said Bureau shall cease to publish the Consumer Price Index. 10.2 Indemnification. . (a) To the fullest extent permitted by law, Tenant hereby agrees to defend, indemnify, protect and hold Landlord harmless from and against any and all liability, claims, damage, penalties, actions, demands or expenses of any kind or nature, including damage to any property and injury (including death) to any person (collectively, "Claims"), arising from Tenant's use or occupation of the Premises or the Project, or from any activity, work or things done, permitted or suffered by Tenant or any omission of Tenant on or about the Premises or the Project, or from any litigation concerning any of the foregoing in which Landlord is made a party defendant. Tenant shall not be required hereunder to defend, indemnify or hold Landlord or any other person or entity indemnified under this Section 10.2(a) harmless from or against any of the \ aforementioned Claims to the extent such Claims arise out of the negligence or willful misconduct of Landlord or any other person or entity indemnified hereunder. This obligation to indemnify shall include reasonable attorneys' fees and investigation costs and all other reasonable costs, expenses and liabilities incurred by Landlord or its counsel NB1:215136.23 27 from the first notice that any Claim is to be made or may be made. To the fullest extent permitted by law, Landlord, in its capacity of Landlord hereunder but not in its municipal capacity, hereby agrees to defend, indemnify, protect and hold Tenant harmless from and against any and all Claims to the extent such Claims arise out of the negligence or willful misconduct of Landlord, in its capacity of Landlord hereunder but not in its municipal capacity, or any other person or entity indemnified by Tenant under the first sentence of this Section 10.2(a). This obligation to indemnify shall also include reasonable attorneys' fees and investigation costs and all other reasonable costs, expenses and liabilities incurred by Tenant or its counsel from the first notice that any such Claim is to be made or may be made. (b) Any sums paid by an indemnified party, with interest at the Lease Interest Rate, costs and damages, shall be due from and paid by the indemnifying parry within thirty (30) days of demand therefor. Upon receiving knowledge of any Claim that an indemnified party believes is covered by this indemnity, such indemnified party shall give the indemnifying party notice of the matter and an opportunity to defend it, at the indemnifying party's sole cost and expense, with legal counsel reasonably satisfactory to such indemnified parry. The indemnified party may also require the indemnifying parry to so defend the matter. So long as the indemnifying party shall be defending any such Claim, the indemnified party shall not settle such claim without the consent of the indemnifying party. (c) Effective upon the Commencement Date, Tenant shall obtain and maintain during the Term, combined rental income and/or business interruption and extra expense insurance against loss of Tenant's income from the Project for a period of twelve (12) months due to the perils covered by the insurance referred to in Section 10.1(h) above, in an amount sufficient to cover the Rent payable under the terms of this Lease. If the improvements located on the Premises shall be destroyed or damaged resulting in any reduction in income received by Tenant from the Project, the proceeds of such rental income and/or business interruption insurance shall be utilized by Tenant, subject to the rights of a Mortgagee, in payment of such Rent and other charges hereunder until such time as the improvements so damaged or destroyed have been fully restored and placed in full operation. (d) Notwithstanding Section 10.2(b), Tenant shall accept any tender of defense by Landlord pursuant to the terms of Section 10.2(b) (unless the complaining party alleges facts that reasonably indicate active negligence or willful misconduct by the City or its employees) and Tenant shall protect and hold Landlord harmless from and against the subject Claim and defend Landlord as required under Section 10.2(b); provided, however, that Tenant shall not be liable for any such Claim to the extent and in proportion that such Claim is finally determined by a court of competent jurisdiction (or in a negotiated settlement agreed to by Landlord) to be attributable to the negligence or willful misconduct of Landlord. 10.3 Settlement of Insurance Claims. Subject to the rights of Tenant's Mortgagees, if all or any part of the Project shall be damaged or destroyed by an insured peril or NB 1:215136.23 28 otherwise, Tenant shall have the exclusive right to negotiate and accept any proposed settlement, adjustment or compromise of any claim; provided, however, subject to the rights of Tenant's Mortgagees, Landlord is hereby authorized and empowered by Tenant, at Landlord's option and in its sole discretion, to settle, adjust or comprise any and all claims if Tenant elects to terminate under Sections 10.4 or 10.5 below. 10.4 Casualty. Except as provided in Section 10.5 below, Tenant shall promptly cause the Project or the Premises, or any part thereof, which is damaged or destroyed, whether or not required to be insured against under this Article X, to be repaired and restored to its original condition (subject to changes necessary to comply with then existing laws applicable thereto and any changes in design approved by Landlord), at Tenant's sole cost and expense. To the extent the insurance proceeds are insufficient to cover the cost of such repair and restoration, Tenant shall make up the deficiency out of Tenant's own funds. Subject to events of Force Majeure, such repair and restoration shall be commenced in good faith and with reasonable diligence within a reasonable period of time following the casualty and shall be completed with due diligence. Notwithstanding the foregoing, in the event the cost of such repair and restoration exceeds the sum of (i) the amount of insurance proceeds available to Tenant plus (ii) the amount of the deductible by an amount which Tenant reasonably determines renders reconstruction of the Project economically not feasible, Tenant shall have the option to terminate this Lease and surrender possession of the Premises to Landlord. Subject to the rights of Mortgagees, in the event of such a termination, Tenant shall pay to Landlord the amount of the deductible and assign to Landlord any and all rights Tenant may have in and to the insurance proceeds on account of such damage or destruction. 10.5 Casualty Late in Term. If the Project or any part thereof is damaged or destroyed at any time following the fortieth (40th) year of the Term and the costs of restoration and repair are estimated to exceed thirty percent (30%) of the then full replacement cost of the Project and Tenant elects not to repair or restore said damage or destruction, then either party shall have the right to terminate upon the other party's receipt of written notice of termination given not later than ninety (90) days following the occurrence of such damage or destruction. Subject to the rights of any Mortgagee, Landlord shall have the right to receive and retain all insurance proceeds paid or payable to Tenant on account of any damage or destruction to the Project if this Lease is terminated by Landlord or Tenant under this Section 10.5; provided, however, that Tenant shall receive out of any such insurance proceeds the amount of actual out- of-pocket expenses incurred by Tenant in obtaining any settlement of insurance claims and the costs of restoring the Premises to a good and orderly condition and even grade, if any. 10.6 No Abatement of Rent. Except as provided in Sections 10.4 and 10.5 above, throughout the Term, no direct or indirect destruction of or damage to the Project by fire or other casualty whatsoever, whether such damage or destruction be partial or total, shall (i) permit Tenant to surrender or terminate the Lease, or (ii) except to the extent of rent abatement insurance paid to Landlord, relieve Tenant from its obligation to pay in full the Rent and other sums and charges payable by Tenant hereunder or from any other obligation under the Lease, except as otherwise expressly set forth herein; provided, however, that if any such direct damage is caused by the negligence or willful misconduct of Landlord, Rent shall be suitably abated until NB I :215136.23 29 such damage or destruction is repaired or restored; provided, further, however, nothing herein shall limit or restrict Landlord's right to retain rental abatement insurance proceeds. ARTICLE XI UTILITIES 11.1 Utilities. Tenant shall be solely responsible for obtaining and promptly paying all hook-up or connection fees and other charges for heat, gas, water, air conditioning, electricity, sewerage, cable television or any other utility used or consumed in or upon the Premises. Upon written request of Tenant, Landlord agrees to join in the grant of such easements and licenses upon the Premises to any supplier of utilities to the Project as necessary to construct, install, operate and maintain any facilities, conduits, transmission lines and pipelines for the provision of utility services to the Project; provided, however, that all such conduits, transmission lines and pipelines, and all facilities and improvements associated with utility services and located upon the Premises, shall be located below grade in subterranean easements. ARTICLE XII ESTOPPEL CERTIFICATES 12.1 Estoppel Certificates. Within fifteen (15) days after each request therefor by either party, the other party agrees to deliver a certificate to any person designated by the requesting party (including a proposed Mortgagee or purchaser), or to the requesting party, certifying (if such be the case) that this Lease is in full force and effect, that, to the best of such party's knowledge at that time, there are no Events of Default by Tenant hereunder or any defaults by Landlord hereunder and that no events have occurred which, with the giving of notice or the passage of time or both, would constitute an Event or Default with respect to Tenant or a default with respect to Landlord hereunder, or stating those claimed by the responding party, and that, to the best of such parry's knowledge, there are no defenses or off -sets in favor of either party hereto, or stating those claimed by the responding party, and/or certifying whether any consent or approval required under this Lease has been denied or granted by the responding party and whether any specified rights have been waived or deemed waived or expired. Any such certificate shall also contain a warranty that the person signing has the authority to execute the certificate on behalf of such party. Each such estoppel certificate shall identify the Lease and all amendments, shall specify the date to which Rent has been paid, and shall specify the then applicable Base Rent payable hereunder. If the responding party fails to execute and deliver any such certificate within the aforementioned time period, insofar as the requesting party and any person designated by the requesting parry is concerned, the other party shall be conclusively deemed to have acknowledged that the certificate as submitted by the requesting party is correct. The requesting party or the person designated by the requesting party as the recipient of said certificate (including, but not limited to, a proposed Mortgagee or purchaser) may rely on the certifications made by the responding party or the certifications deemed made thereby (if such certificate is not delivered within such fifteen (15) day period). Nothing in this Section 12.1 shall bye. construed as reducing the period of time that any party has under the terms of this Lease to respond to a request by the other party for a consent or an approval. NB1:215136.23 30 ARTICLE XIII ASSIGNMENT AND SUBLEASING 13.1 Limitation on Right to Assign. Except as hereinafter set forth in this Article XIII and in Article XIV of this Lease, Tenant will not transfer, assign or hypothecate this Lease, or its interest therein, in whole or in part, nor sublease (which term shall be deemed to include allowing anyone else to occupy) all or any part of the Premises and/or the Project, without the.prior written consent of Landlord in each instance having first been obtained, which consent shall not be unreasonably withheld or delayed. The consent by Landlord to any transfer, hypothecation, assignment or subleasing shall not constitute a waiver of the necessity for such consent to any subsequent assignment, transfer, hypothecation or subleasing. This prohibition against assigning or subleasing shall be construed to include a prohibition against any sale, hypothecation, transfer of possession, or any assignment or subleasing by operation of law or otherwise. Landlord shall be deemed to be reasonable in not granting its consent if the proposed purchaser, transferee, assignee or sublessee fails to meet all of the following criteria: (a) the proposed purchaser, transferee, assignee or sublessee, or, if the proposed purchaser, transferee, assignee or sublessee is a wholly owned subsidiary, its parent, or the constituent general partners of the proposed purchaser, transferee, assignee or sublessee shall have a net worth at least equal to the greater of (i) Four Million Dollars ($4,000,000) (increased each five (5) years from the date of the Option Agreement by the percentage of any increase over such period in the Consumer Price Index for All Urban Consumers, Los Angeles -Anaheim -Riverside, All Items (1982-84 Base), published by the Bureau of Labor Statistics, Department of Labor), or (ii) ten percent (10%) of the fair market value of the leasehold estate created by this Lease. The successor or most nearly comparable index published by some other branch or department of the United States Government shall be used if said Bureau shall cease to publish the Consumer Price Index. For purposes of determining the fair market value of the leasehold estate created by this Lease, such value shall be conclusively determined by the purchase price to be paid by the proposed purchaser, transferee, assignee or sublessee for the interest to be acquired, as evidenced by information reasonably required by Landlord (for purposes of calculating such net worth, it shall be permissible to include as an asset of said proposed purchaser, transferee, assignee or sublessee its anticipated equity in the Project and the leasehold estate created hereby); (b) the proposed purchaser, transferee, assignee or sublessee shall either be a Qualified Manager or, if the proposed purchaser, transferee, assignee or sublessee is not a Qualified Manager, shall have entered into a binding agreement with a Qualified Manager to manage the Project, it being acknowledged herein that continued management of the Project by a Qualified Manager is an affirmative obligation of Tenant hereunder; and (c) the proposed purchaser, transferee, assignee or sublessee (or, with respect ',to a transfer of a Controlling interest under Section 13.5, the person or entity acquiring such Controlling interest) shall have a reputation for honesty, integrity and sound business practices. NB 1:215136.23 31 13.2 Grant or Denial of Consent. Landlord shall grant or deny its approval of, or request additional reasonable information and/or documentation with respect to, any proposed transfer, hypothecation, assignment or sublease within thirty (30) days following Landlord's receipt of notification from Tenant regarding the proposed transfer. Following a request from Landlord for additional reasonable information and/or documentation as provided herein, Landlord shall have ten (10) days from Landlord's receipt of such additional information and/or documentation in which to grant or deny its approval of the proposed transfer and/or transferee. Landlord shall be deemed to have granted its approval if Landlord shall not request additional information and/or documentation within such thirty (30) day period and Landlord shall not notify Tenant within the time periods herein specified of its decision either to grant or deny its approval. From and after the effective date of an assignment by Tenant of its entire Leasehold, the assignor shall thereafter be relieved from any further liabilities or obligations under this Lease and Landlord shall look solely to the assignee Tenant for performance of such obligations hereunder. 13.3 Non -Application to Guest Rooms and Facilities. This Article XIII shall have no application to (i) rental of guest rooms or suites or other guest facilities within the Project, (ii) rental of apartment units in the Project in the ordinary course of business for a term of not more than one year or such longer term if the rent paid by the apartment tenant adjusts annually to the fair rental value of the unit, (iii) rental of stores and shops contained within the Project, (iv) rental of boat slips in the marina in the ordinary course of business for a term of not more than one year, or (v) the granting of concessions, licenses or subleases in the normal course of operations, provided that the term of any such concession, license, rental or sublease shall not extend beyond the Term hereof. 13.4 Assignment to Affiliate. Tenant shall have the right, without Landlord's consent, to assign this Lease: (a) to a partnership or limited liability company Controlled by Tenant and in which Tenant is a general partner or member thereof and owns a legal and beneficial interest therein of not less than twenty-five percent (25%), or to a corporation Controlled by Tenant and in which Tenant owns and controls not less than twenty-five percent (25%) of all issued and outstanding stock of such corporation in every class with full and unrestricted voting rights and privileges; or (b) as security pursuant to a Mortgage; provided, however, that any assignment by Tenant under this Section 13.4 shall not relieve Tenant from liability hereunder. 13.5 Limitation on Transfer of Interest in Tenant. If Tenant is a corporation, an unincorporated association, a partnership or a joint venture, the transfer, assignment or hypothecation (except for a hypothecation in connection with a loan transaction of the type contemplated by Article XIV hereof) of a Controlling ownership interest in such entity, whether,in a single transaction or multiple transactions and whether to a single person or multiple persons, shall be deemed an assignment within the meaning of this Article XIII. NB 1:215136.23 32 Furthermore, any transaction by which Tenant undergoes a merger or other reorganization, including a sale of all or substantially all of its assets, wherein Tenant is not the surviving corporation (or the stock holders of Tenant immediately before the merger or reorganization do not retain Control of the surviving corporation) shall be deemed, for purposes of the foregoing, a transfer of this Lease. If Tenant is or becomes a publicly traded entity, any sale or other transfer of any outstanding stock of, or limited partnership interests in, Tenant shall not be deemed an assignment within the meaning of this Article XIII unless said sale or other transfer is made by a person or entity owning a Controlling interest in Tenant and results in a change in the person(s) or entity(ies) having Control of Tenant. 13.6 Participation in Sale Proceeds. (a) In the event Tenant (i) sells, conveys, transfers or assigns all or any portion of its interest in this Lease and the leasehold estate created hereby (other than to a Mortgagee as security and other than a transfer to a partnership, limited liability company, joint venture or other entity pursuant to a transfer in which Tenant receives only an interest in such entity in consideration of its contribution of this Lease and the leasehold estate created hereby), (ii) subleases all or substantially all of the Premises, whether in one or more transactions, or (iii) sells, transfers or conveys any interest in Tenant or its constituent shareholders, including the stock of Tenant of any kind or class, common or preferred, or the beneficial or equitable ownership interest in such stock or in Tenant (collectively, a "Sale"), at any time prior to twenty-four (24) months following the issuance of the final certificate of occupancy for the Project, as constructed and renovated in accordance with the Final Plans, as contemplated in the Option Agreement, Tenant shall pay to Landlord an amount equal to twenty percent (20%) of the Net Proceeds (as hereinafter defined). For purposes of this Section 13.6: (i) "Net Proceeds" shall mean the entire consideration paid or payable to or for the benefit of Tenant or its constituent shareholders in connection with a Sale (whether in cash, note, in kind or other consideration, but excluding a transfer to a partnership, limited liability company, joint venture or other entity pursuant to a transfer in which Tenant receives only an interest in such entity in consideration of its contribution of this Lease and the leasehold estate created hereby) less (i) Project Costs (as hereinafter defined) and (ii) reasonable and customary actual out-of-pocket costs and expenses of Tenant incurred in connection with consummating such Sale (excluding any payment made to any Mortgagee or lender to release any Mortgage or other security or otherwise); (ii) "Project Costs" shall mean and be limited to: (A) Five Hundred Thousand Dollars ($500,000), in reimbursement of all third party predevelopment costs incurred and paid by Tenant prior to the date of the Option Agreement; NB1:215136.23 33 W (B) all third party costs and expenses incurred and paid by Tenant in connection with the design, development, construction and renovation of the Project from and after the date of the Option Agreement through the date of such Sale (including, without limitation, any required offsite improvements, demolition of existing improvements, permit and license fees and charges, signage, furniture, fixtures and equipment, architecture, design and engineering fees, insurance bonds, construction management fees, legal and other professional fees related to construction of the Project, financing fees and payments of principal on any new loan obtained by Tenant in connection with the construction and renovation of the Project, plus interest thereon at the rate of interest charged on such loan (excluding any equity kicker, shared appreciation or other similar payment); (C) an amount equal to fifteen percent (15%) of the sum of subparagraphs (A) and (B) above; and (D) Thirty Million Dollars ($30,000,000), representing the appraised value of Tenant's interest in the Premises as of May 15, 1996. (iii) Project Costs shall exclude any operating cost or expense of the operation of the business of Tenant on the Premises other than predevelopment and development costs set forth above, any fees paid to Tenant or its Affiliates for any purpose, Rent payable under this Lease, and any other costs or expenses not specifically described in subparagraph (a)(ii)(A) through (D) above. From time to time, but not less often than quarterly, Tenant shall provide Landlord with a certified schedule of Project Costs with reasonable supporting documentation. (iv) Net Proceeds shall not include any proceeds of a Sale which are not distributed to or for the benefit of Tenant or its constituent shareholders, and which are used by Tenant in the payment of costs and expenses incurred in the construction and renovation of the Project. (b) The rights of Landlord under this Section 13.6 shall be subject and subordinate to the rights of any Mortgagee. ARTICLE XIV HYPOTHECATION 14.1 Tenant's Right to Hypothecate. Subject to any restrictions set forth in this Article XIV, Tenant may, from time to time, without Landlord's consent or approval, assign, hypothecate, mortgage, pledge or alienate Tenant's leasehold estate and rights hereunder NB 1:215136.23 34 (including Tenant's interest in any subleases, licenses and concession agreements) to a lender or lenders as security for payment of any indebtedness of Tenant incurred in connection with the design, approval, construction, furnishing, renovation, remodeling, equipping and completion of the Project or any portion thereof as contemplated in the Final Plans and any refinancing of the existing debt secured by the Premises in connection therewith, and thereafter any refinancing of the Project and/or Tenant's leasehold estate; provided, however, that any such lender shall be an institutional lender, such as, without limitation, a bank, savings and loan or thrift institution, pension fund, real estate investment fund, publicly traded limited partnership, or insurance company. In no event shall Tenant, or its successors in interest, borrow any sum of money secured by a Mortgage in excess, in the aggregate, of the greater of (i) ninety percent (90%) of the appraised value of the Project and Tenant's leasehold interest hereunder as reflected in an appraisal thereof completed no earlier than one hundred eighty (180) days prior to the date such loan is funded, which appraisal shall be subject to Landlord's reasonable approval if such appraisal is not required and approved by such lender, or (ii) an amount which results in Tenant having a net equity in the Project of not less than Four Million Dollars ($4,000,000) (increased each five (5) years by the percentage of any increase over such period in the Consumer Price Index for All Urban Consumers, Los Angeles -Anaheim -Riverside, All Items (1982-84 Base), published by the Bureau of Labor Statistics, Department of Labor). The successor or most nearly comparable index published by some other branch or department of the United States Government shall be used if said Bureau shall cease to publish the Consumer Price Index; provided, however, that in connection with any refinancing of debt secured by the Premises, the Mortgage may be in the amount of the debt being refinanced at the time of such refinancing. In calculating whether the borrowed funds exceed ninety percent (90%) of the appraised value of the Project, any participation in net revenues from operations, or proceeds of sale or refinancing granted to the Mortgagee which are fully contingent shall not be included. The limitation on borrowing set forth in the immediately preceding sentence shall not apply to any Mortgagee who acquires the Project and the leasehold interest hereunder through foreclosure or deed -in -lieu thereof, or to a Tenant who shall have acquired the Project and the leasehold interest hereunder from a Mortgagee (or the trustee under a Mortgage) following a foreclosure of its Mortgage or its acceptance of a deed -in -lieu thereof. If requested by Tenant, Landlord agrees to execute its written consent to any such assignment, hypothecation, mortgage, pledge or alienation, which consent shall be in form and content reasonably satisfactory to Tenant and Landlord. In no event shall Landlord have any obligation to subject its interest in the Premises or this Lease to the lien of any mortgage given by Tenant. Any such lien whether evidenced by a mortgage, deed of trust or otherwise shall be referred to herein as a "Mortgage," and the holder or holders of or beneficiary under any Mortgage shall be referred to herein as the "Mortgagee." The Mortgagee may enforce such Mortgage and acquire title to the leasehold estate in any lawful way and, pending foreclosure of such Mortgage, the Mortgagee may elect to take possession of and operate the Premises and the Project, or any portion thereof, subject to its Mortgage, perform all obligations performable by the Mortgagee, and upon foreclosure of such Mortgage by power of sale, judicial foreclosure or otherwise, or upon acquisition of the leasehold estate by a deed, assignment or other conveyance in lieu of foreclosure, the Mortgagee may elect to sell and assign the leasehold estate hereby created without restriction (other than the requirement that the assignee of the leasehold estate satisfy the requirements of this Lease with respect to management of the Premises by a Qualified Manager). Except for payment of any delinquent NB1:215136.23 35 rent or other payments due hereunder and obligations reasonably susceptible of cure by the Mortgagee or any such assignee, the Mortgagee or any such assignee of the leasehold estate shall not be liable to perform the obligations imposed upon Tenant by this Lease prior to the period such person or entity has ownership of said leasehold estate or possession of the Project or the Premises or any portion thereof subject to the Mortgage. 14.2 Notice to and Rights of Mortgagees. (a) When giving notice to Tenant with respect to any default hereunder, Landlord shall contemporaneously serve a copy of each such notice upon any Mortgagee who shall have given Landlord a written notice specifying its name and address. When giving any other notice to Tenant hereunder of a type which a Mortgagee has requested to receive in writing, Landlord shall, at the same time, serve a copy thereof upon such requesting Mortgagee provided it shall have also given Landlord written notice specifying its name and address. Any Mortgagee shall have the right, but not the obligation, to cure a default by Tenant under this Lease, and Landlord shall accept any such performance by any Mortgagees as though the same had been done or performed by Tenant. The Mortgagees shall have an additional reasonable period of time following the expiration of the applicable cure period granted Tenant hereunder to effectuate such cure. (b) In case of a monetary default by Tenant under this Lease, Landlord will take no action to obtain possession of the Premises or the Project (including possession by a receiver) or to effect a termination of this Lease by reason thereof unless Landlord shall have served a copy of such notice upon any Mortgagee and the default has continued for a period of thirty (30) days beyond the date the Mortgagee shall have received said notice. In the case of any non -monetary default by Tenant under this Lease, Landlord will take no action to obtain possession of the Premises or the Project (including possession by a receiver) or to effect a termination of this Lease by reason thereof unless Landlord has served a copy of a notice of such default upon any Mortgagee and such non -monetary default continues for a period of sixty (60) days beyond the date the Mortgagee received said notice and the Mortgagee shall not have done any of the following: (i) commence to cure such default, if such default is capable of cure by the Mortgagee without the Mortgagee obtaining possession of the Premises, within said sixty (60) day period, and, thereafter, diligently proceed to cure such default; or (ii) commence to obtain possession of the Project (including possession by a receiver) within said sixty (60) day period, and, thereafter, diligently proceed to obtain said possession, and, once said possession is obtained, commence and diligently proceed to cure such default in the case of a default which is capable of being cured only after the Mortgagee has obtained said possession; or NB1:215136.23 36 (iii) institute foreclosure proceedings within said sixty (60) day period, and, thereafter, complete such foreclosure proceedings or otherwise acquire Tenant's interest under this Lease with reasonable and continuous diligence in the case of a default which cannot be cured in the manners set forth in (i) or (ii) above. With respect to (ii) or (iii) above, no Mortgagee shall be required to continue such possession or continue such foreclosure proceedings if the default which prompted the service of such a notice has been cured or, if for any other reason such Mortgagee elects to discontinue the same. The Mortgagee's period for taking any such action shall be extended by the period of any stay if the Mortgagee is prohibited from taking any action described in (ii) or (iii) above by order of any court having jurisdiction over any bankruptcy or similar proceedings involving Tenant. (c) If this Lease is terminated by Landlord on account of any Event of Default or is terminated as a result of the rejection of this Lease by a trustee in a bankruptcy proceeding involving Tenant and the Mortgagee shall have arranged to the reasonable satisfaction of Landlord to cure all then -existing defaults of Tenant under this Lease which are reasonably within the Mortgagee's ability to cure, then Landlord, within thirty (30) days after receiving a written request therefor which request shall be given within thirty (30) days after such termination, and upon payment to it of all expenses (including reasonable attorneys' fees and expenses) incident thereto, shall execute and deliver a new lease of the Premises to the Mortgagee or its nominee or to a purchaser, assignee or transferee, as the case may be, which new lease shall contain the same terms and provisions of this Lease. (d) The Mortgagee may exercise, with respect to the Premises and Project or any portion thereof, any right, power or remedy under such Leasehold Mortgage which does not materially conflict with the provisions of this Lease in the event of a default under any Leasehold Mortgage. (e) During the period that a Mortgagee shall be in possession of the Premises and/or Project and/or during the pendency of any foreclosure proceedings instituted by a Mortgagee, the Mortgagee shall pay or cause to be paid the Rent specified in this Lease and all other charges of whatsoever nature payable by Tenant hereunder which have been accrued and are unpaid and which will thereafter accrue during said period, to the extent the amount of such charges are known or reasonably ascertainable by the Mortgagee. It shall be an Event of Default if, following the acquisition of Tenant's leasehold estate by the Mortgagee or its designee, the Mortgagee or party acquiring title to Tenant's leasehold estate fails to commence the cure of all defaults hereunder to be cured and thereafter diligently process such cure to completion, except (i) such defaults which cannot in the exercise of reasonable diligence be cured or performed by the Mortgagee or `'party acquiring title to Tenant's leasehold estate, and (ii) non -monetary defaults requiring performance of some affirmative obligations susceptible of cure by Mortgagee upon obtaining possession of the Premises and which the Mortgagee confirms in writing to NB 1:215136.23 37 Landlord that the Mortgagee will require its successor to accomplish and which in all events shall be accomplished by the Mortgagee or its successor within ninety (90) days following the obtaining of possession of the Premises by Mortgagee or its designee. Any default that cannot reasonably be cured by the Mortgagee or parry acquiring title to Tenant's leasehold estate shall be, and shall be deemed to have been, waived by Landlord (but only with respect to the Mortgagee or other party acquiring said title) upon completion of the foreclosure -proceedings or acquisition of Tenant's interest in this Lease by any purchaser at the foreclosure sale or who otherwise acquires Tenant's interest in the Premises. The parties agree that the foregoing provision shall not be deemed or construed to preclude Landlord from exercising any of Landlord's rights or remedies against Tenant personally if and to the extent otherwise permitted under the terms of this Lease. (f) Nothing herein shall preclude Landlord from exercising any of its rights or remedies with respect to any other default by Tenant during any period of any such forbearance, subject to the rights of any Mortgagee as herein provided. (g) All notices by Landlord to a Mortgagee shall be given, in the manner provided under Section 19.6, addressed to the Mortgagee at the address last specified to Landlord by the Mortgagee, and any such notice shall be deemed to have been given and served when received by the Mortgagee. (h) The Mortgagee whose Leasehold Mortgage would be senior in priority if there were a foreclosure shall prevail if two or.more Mortgagees exercise their rights hereunder, and there is a conflict which renders it impossible to comply with all such requests. Any Mortgagee who pays any rent or other sums due hereunder which relate to periods other than during its actual ownership of the leasehold estate shall be subrogated to any and all rights which may be asserted against Tenant by Landlord with respect to such period of time. (i) Landlord shall have no obligation to pay any fees and expenses of any kind or description incurred in connection with the procurement of any Leasehold Mortgages pursuant to this Article XIV. All amendments or modifications to, or any voluntary termination or cancellation of (other than as expressly permitted hereunder), this Lease shall require the written approval of any Mortgagee (if its respective Mortgage so requires). 14.3 Nonsubordination of Fee. In no event will Landlord be required to subordinate or subject its fee interest in the Premises to the lien of any Mortgagee or any other person or entity providing financing to Tenant for any purpose. All such financing shall be the sole responsibility of Tenant. 14.4 Equipment Financing. Landlord understands that Tenant may lease and/or purchase with purchase money financing certain of the Furnishings which may be installed in or used in connection with the Project from time to time during the Term. Landlord NB1:215136.23 38 hereby agrees, upon written request of Tenant, to release, waive or subordinate its landlord's lien to any such equipment leases, retained title contracts, security interest or other forms of purchase money financing and to execute documents, in form and substance reasonably satisfactory to Landlord, that permit the equipment lessors, title and lien holders, as applicable, the right to enter the premises for the sole purpose of exercising their rights to the Furnishings subject to such leases, retained title contracts, security interest or other forms of purchase money financing. 14.5 Cross Collateralization of Premises. Tenant shall not assign, hypothecate, mortgage, pledge or alienate Tenant's leasehold estate and rights hereunder (including Tenant's interest in any subleases, license agreements and concession agreements) to a lender as security for the payment of indebtedness of Tenant which mortgage, pledge or other security agreement does not provide for the full release and reconveyance of such mortgage, pledge or security interest upon payment of a sum equal to the maximum amount of financing permitted by Section 14.1 (less any principal sums paid under the loan agreements and plus any sum expended by the Mortgagee in the exercise of its rights under the loan agreements. ARTICLE XV WASTE AND GOVERNMENTAL REGULATIONS 15.1 Waste or Nuisance. Tenant shall not commit or suffer to be committed any waste or nuisance in or upon the Project or the Premises. This provision shall in no way preclude or restrict Tenant in the lawful performance of its rights to operate the Project pursuant to the provisions of this Lease. 15.2 Governmental Regulations. Tenant, at its sole cost and expense, shall comply with and observe, without exception, all of the laws, rules, ordinances, orders, regulations and requirements of all county, municipal, state, federal and other applicable governmental authorities, now in force, or which may hereafter be in force, having jurisdiction over the Premises, the Project and/or the operations to be conducted by Tenant thereon or thereat. Without limiting the generality of the foregoing, Tenant shall obtain all permits and licenses (such as building permits and operating permits and licenses) as may be required by any such governmental authorities and shall make such alterations, changes, additions or improvements in the Premises, the Project and its operations thereat as may be required by any such governmental authorities (and approved by Landlord), including structural changes. Landlord shall cooperate to the extent reasonably necessary to permit Tenant to comply with the provisions of this Section 15.2 within the time periods necessary for such compliance. 15.3 Tenant's Right to Contest Governmental Regulations. Tenant shall have the right to contest by appropriate proceedings conducted in good faith and with reasonable diligence, without cost or expense to Landlord, the validity or application of any law, ordinance, order, rule, regulation or requirement of the nature referred to in Section 15.2. Tenant may delay compliance with any law, ordinance, order, rule, regulation or requirement until the final determination of such proceeding if compliance may legally be delayed pending the prosecution of any such proceeding without the incurrence of any lien, charge or liability of any kind against the Premises or Tenant's interest therein and without subjecting Tenant or Landlord to any liability, civil or criminal, for failure so to comply therewith. Even if such lien, charge or NB1:215136.23 39 civil liability would be incurred by reason of any such delay, Tenant may, following reasonable notice to Landlord, contest as aforesaid and delay as aforesaid, provided that such contest or delay does not subject Landlord to criminal liability, damages or expense, and provided that Tenant furnishes Landlord security, reasonably satisfactory to Landlord, against any loss or injury by reason of such contest or delay. Landlord shall not be required to join in any proceedings referred to in this Section 15.3 unless the provisions of any applicable law, rule or regulation then in effect shall require that such proceedings be brought by and/or in the name of Landlord or shall otherwise require that Landlord be a party thereto, in which event Landlord, shall join in the proceeding or permit the same to be brought in its name, provided Tenant shall pay all expenses in connection therewith. Tenant shall not contest the validity or application of any land use permits or approvals affecting the Premises and in existence as of the date of this Lease. ARTICLE XVI EMINENT DOMAIN 16.1 Lease Governs. Subject to the rights of any Mortgagee, the rights and obligations of the parties with respect to any Award, as defined in Section 16.5, shall be as provided in this Article XVI if there is any Taking during the Term of this Lease. 16.2 Termination of Lease. This Lease shall terminate effective on the date of surrender of possession of the Premises, or so much thereof or interest therein as has been taken, to the condemning authority in the event of a Total Taking. Tenant shall continue to pay all Rental due hereunder and, in all respects, keep, observe and perform all of the terms, covenants and conditions of this Lease to be kept, observed and performed by Tenant until the date of such termination. 16.3 Partial Taking; Rental Abatement. If there is a Partial Taking, this Lease shall remain in full force and effect with respect to that portion of the Premises not taken, and a fair and equitable proportion of the Rental shall be abated according to the nature and extent of the Partial Taking, and the duration and extent of the interruption of Tenant's operations due to such taking and restoration of the Project. 16.4 Partial Taking; Restoration. If there is a Partial Taking, Tenant may, at its sole cost and expense, whether or not the condemnation award on account of such Taking shall be sufficient for the purpose, promptly commence and diligently proceed to effect restoration of the Project on the remaining portion of the Premises as nearly as possible to their value, condition and character immediately prior to such Taking. 16.5 Distribution of Award. All awards and damages received on account of any Taking, whether partial or total (including all amounts in respect to both the Premises, improvements constructed thereon, and personal property located thereon or thereat), including interest received, if any, whether such award or damages are paid in respect to the Taking of the fee or leasehold interest in the Premises (hereinafter collectively referred to as the "Award"), shall be paid promptly by the person(s) receiving the same to an escrow agent mutually acceptable to Landlord, Tenant, and any Mortgagee, to be released as hereinafter provided upon NB 1:215136.23 40 appropriate instruction from the parties hereto. The Award may be paid to a Mortgagee who will then act as the escrow agent if such Mortgagee agrees in writing for the express benefit of Landlord and Tenant to be bound by the terms of Sections 16.6 and 16.8 below. The Mortgagee whose lien shall have the highest priority shall be selected to act as escrow agent if there shall be more than one Mortgagee who shall so agree in writing. 16.6 Allocation of Award; Partial Taking. Any Award in a Partial Taking shall be distributed by the aforementioned escrow agent in the following order of priority: (a) First, to Landlord, Tenant and all Mortgagees, as herein provided, as reimbursement for all costs and expense incurred by each of them in the collection of the Award, including fees and expenses incurred in the condemnation proceeding unless Landlord is the condemning authority; (b) Second, to Tenant, as reimbursement for the costs and expenses of restoration of the Project, as such costs and expenses are incurred by Tenant; (c) Third, to the Mortgagees, in the order of their respective priorities, such sum as is necessary to reduce the aggregate principal amount of the liens thereof unless and to the extent such liens are to remain against the Leasehold; and (d) Fourth, if Landlord and Tenant are unable to agree upon the allocation of the balance of the Award, if any, it shall be deposited by said escrow agent into a court of competent jurisdiction to be equitably allocated between Landlord and Tenant based on the respective interests of Landlord and Tenant in the balance of said Award as determined by said court after taking into account the interests of Landlord and Tenant previously compensated in the distributions provided for in (b) and (c) of this Section 16.6. 16.7 Allocation of Award; Temporary Taking. In the event of a Taking for temporary use or occupancy, this Lease shall continue in full force and effect without reduction or abatement of any Rent payable hereunder, and Tenant shall be entitled to claim, recover and retain any Award made on account of such temporary Taking remaining after paying the reasonable costs and expenses of Tenant incurred in collecting such Award; provided, however, that if the period of such temporary Taking extends beyond the Term of this Lease, such Award shall be apportioned between Landlord and Tenant as of the date of expiration of the Term of this Lease. 16.8 Allocation of Award; Total Taking. Any Award in a Total Taking shall be distributed by the aforementioned escrow agent in the following priority: (a) first, to Landlord, Tenant and all Mortgagees, as herein provided, as reimbursement for all costs and expenses incurred by each of them in the collection of the Award, including fees and expenses incurred in the condemnation proceeding; NB1:215136.23 41 (b) second, to the Mortgagees, in the order of their respective priorities, such sum as is necessary to satisfy and discharge the liens thereof; and (c) if Landlord and Tenant are unable to agree upon the allocation of the balance of the Award, if any, it shall be deposited by said escrow agent into a c-ourt of competent jurisdiction to be equitably allocated between Landlord and Tenant based on the respective interests of Landlord and Tenant in the balance of said Award as determined by said court after taking into account the interests of Landlord and Tenant previously compensated in the distribution provided for in Section 16.8(a). The determination of the value of Tenant's and Landlord's respective interests in the Project and the Premises for the purposes of Section 16.8(c) shall be made as if the Lease were to continue in full force and effect until the Expiration Date. 16.9 Conduct of Proceedings. Subject to the rights of any Mortgagee to participate therein, Tenant and Landlord shall jointly commence, appear in and prosecute any action or proceeding involving a Taking of the Premises, or any part thereof or interest therein, by condemnation or under the power of eminent domain, or otherwise and shall jointly make any compromise or settlement in connection therewith. 16.10 Notices. Upon any party receiving notice of or becoming aware of any condemnation proceedings, or threat thereof, such party shall promptly give written notice to the other party in the manner specified in Section 19.6 below. ARTICLE XVII DEFAULT PROVISIONS 17.1 Events of Default. The occurrence of any one or more of the following shall constitute a default by Tenant under this Lease: (a) failure of Tenant to pay any Rent or Additional Rent due hereunder within three (3) days after written notice from Landlord; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required by the Code of Civil Procedure of the State of California, as amended from time to time; or (b) any failure by Tenant to perform any of the other terms, conditions or covenants of this Lease to be observed or performed by Tenant other than a failure to pay any Rent or Additional Rent due hereunder within thirty (30) days after written notice from Landlord; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required by the Code of Civil Procedure of the State of California, as amended from time to time. A default by Tenant described in this Section 17.1(b) which is not reasonably susceptible of cure within thirty (30) days after receipt of Landlord's notice of default shall be deemed cured if Tenant commences to cure said default within thirty (30) days of receipt of Landlord's notice of default and Tenant, in fact, diligently proceeds to cure said default and does cure said default within a reasonable period of time thereafter; or NB 1:215136.23 42 (c) Tenant becoming insolvent or filing any debtor proceedings, or should any adjudications in bankruptcy be rendered against Tenant, or should Tenant take or have taken against it, in any court pursuant to any statute either of the United States or of any State, a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's property, and should the same not be discharged within one hundred twenty (120) days thereafter; or (d) Tenant making an assignment for the benefit of creditors, or petition for or enter into an arrangement ; or (e) The abandonment or vacation of the Project by Tenant for a period of fifteen (15) consecutive days after written notice to Tenant (except for such abandonment or vacation attributable to any event of Force Majeure or by the remodeling, reconstruction, alteration or repair of the Project); or (f) the appointment of a trustee or receiver to take possession of substantially all of the assets of Tenant located at the Premises or Tenant's interest in this Lease or the Premises, where possession is not restored within one hundred twenty (120) days; or (g) Tenant permitting this Lease or any substantial portion of its property on the Premises or any portion of its interest in the Premises or the Project to be taken under any writ of attachment or execution, and should the same not be discharged within ninety (90) days thereafter. 17.2 Remedies Upon Default. (a) Except as provided in Section 17.4 and subject to the rights of Mortgagees, should there be an Event of Default by Tenant under this Lease and should Landlord, as a result thereof, elect to re-enter, as provided in this Article XVII, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord shall be entitled to proceed in accordance with and recover the amounts specified in California Civil Code Sections 1951.2 and 1951.4. Landlord may either terminate this Lease, or it may from time to time without terminating the Lease, make such alterations and repairs as may be necessary in order to continue operation of business at the Premises, and relet the Premises, or any part thereof, for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rent and charges and upon such terms and conditions as Landlord in its sole discretion may deem advisable; upon each such reletting all Rental received by Landlord shall be applied, first, to the payment of any indebtedness other than Rental due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees and attorneys' fees and expenses and of costs of such alterations and repairs; third, to the payment of Rental due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of future Rental as the same may become due and payable hereunder. Tenant shall pay any such deficiency to Landlord if such Rental received from such reletting during any month is less than that which would be due during that month from Tenant hereunder. Such deficiency shall be calculated NB 1:215136.23 43 f and paid in No such reentry or taking possession of the Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may at any time elect to terminate this Lease for such Event of Default. Should Landlord at any time terminate this Lease for any such Event of Default, in addition to any other remedies it may have, it may recover from Tenant all damages it may reasonably incur by reason of such Event of Default, including the cost of recovering the Premises and its reasonable attorneys' fees and expenses. (b) Following an Event of Default by Tenant hereunder, Tenant shall promptly deliver to Landlord all plans and specifications and all working drawings prepared in connection with the development of the Project not previously delivered to Landlord. Tenant's obligations under this Section 17.2(b) shall survive the expiration or earlier termination of this Lease. 17.3 Landlord Acting for Tenant's Account. If Tenant shall fail in the performance of any provision, covenant or condition on its part to be performed under this Lease, Landlord may, at is option, any time after the expiration of any applicable notice and cure period granted to Tenant and Mortgagees under this Lease (unless Landlord reasonably believes there to be an emergency threatening damage to Landlord's interest in the Premises or the Project, in which event no notice is required and Landlord may act immediately), perform the same for the account of, and at the expense of Tenant. The sums so paid or reasonably incurred by Landlord, together with interest at the Default Rate, costs and damages shall be due from and paid by Tenant, as Additional Rental, on demand. 17.4 Limited Liability; Non -Recourse Ground Lease. (a) Notwithstanding anything to the contrary contained in this Lease, including without limitation the remedies of Landlord contained in this Article XVII, except as otherwise provided in Subsection (b) below, if at any time following completion of the Project, as contemplated in the Final Plans, Tenant shall fail 'to perform or pay any covenant or obligation on its part to be performed or paid hereunder, and as a consequence thereof, Landlord or its successors and assigns shall obtain a money judgment against Tenant, Landlord agrees to look solely to the interest of Tenant in the Project for the satisfaction of such judgment, and if such interest is insufficient to satisfy the judgment amount, Landlord shall have no right of action nor shall Tenant be liable for any such insufficiency. (b) Notwithstanding the foregoing provisions of Subsection (a) above, nothing herein is intended to relieve Tenant from the performance of any of its obligations hereunder, but rather to limit Tenant's liabilities as aforesaid. Nothing in paragraph (a) shall be deemed to prejudice the rights of Landlord against Tenant, and Tenant shall be fully liable to Landlord for damages suffered by Landlord, to the extent provided by law: NB 1:215136.23 44 (i) as a result of fraud, misrepresentation or gross negligence by Tenant; (ii) as the result of the retention of any rental or other income arising with respect to the Premises which is collected by Tenant after Landlord has given notice to Tenant that it is in default under the Lease (to the full extent of such rental or other income collected by Tenant after the giving of any such notice); (iii) for the fair market value as of the time of giving of any notice referred to in (ii) hereinabove of any personal property or fixtures located, attached and/or used in connection with the Project which are removed or disposed of by Tenant; and (iv) as the result of the misapplication of any proceeds under any insurance policies, condemnation awards or settlements attributable to all or any portion of the Premises or Project. ARTICLE XVIII LANDLORD'S ACCESS 18.1 Landlord's Right of Access. Upon reasonable prior notice to Tenant, Landlord and Landlord's agents shall have the right to enter the Premises and/or the Project during regular business hours for the purpose of determining Tenant's compliance with any provision, covenant or condition on Tenant's part to be performed under this Lease; provided, however, that Landlord shall not interfere with the normal conduct of Tenant's business on the Premises. Landlord hereby agrees to indemnify, defend with counsel satisfactory to Tenant and hold Tenant free and harmless from any and all losses, costs, damages or expenses suffered or incurred, directly or indirectly, by activities conducted by Landlord or Landlord's agents under this Section 18.1. Tenant agrees to have available to Landlord at reasonable times and upon reasonable notice a representative who may accompany Landlord's representative in the exercise by Landlord of its right of entry and access. ARTICLE XIX MISCELLANEOUS 19.1 Waiver. The waiver by either Landlord or Tenant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of any Rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease other than the failure of Tenant to pay the particular Rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance. No covenant, term or condition of this Lease shall be deemed to have been waived by Landlord or Tenant, unless such waiver is in writing signed by the party against whom such waiver is asserted. NB 1:215136.23 45 19.2 Accord and Satisfaction. Except as otherwise expressly provided in this Lease, no payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy in this Lease. 19.3 Entire Lease. This Lease and the Option Agreement set forth all the covenants, promises, conditions and understandings between Landlord and Tenant, oral or written, relating to the subject matter hereof. No subsequent alterations, amendments, changes or additions to this Lease shall be binding upon Landlord and Tenant unless reduced to a writing, signed by them and approved by the Mortgagees, if and to the extent required under their respective Mortgages. 19.4 Termination of Existing Lease. Concurrently with execution of this Lease by the parties, the Existing Lease is hereby terminated; provided, however, that any accrued and unpaid rental obligations of Tenant thereunder not included in the rental obligations of this Lease shall be immediately due and payable and remain in full force and effect under this Lease. 19.5 Force Majeure. The performance of any act required hereunder shall be excused for the period of any delay, hindrance or prevention of such act due to an event of Force Majeure and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. The performance of such act shall be excused if either party shall be indefinitely prevented from the performance of any act required hereunder by reason of such event of Force Majeure. No event of Force Majeure shall excuse the timely payment of money when due hereunder except as otherwise expressly provided in this Lease. 19.6 Notices. Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing and shall be deemed to have been duly given when personally delivered, twenty-four (24) hours after deposited with a reliable overnight carrier, guaranteeing next day delivery, postage prepaid, addressed as set forth below, or forty-eight (48) hours after mailed by United States Registered Mail, return receipt requested, postage prepaid as follows: If to Landlord: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, California 92658-8915 Attention: City Manager N131:215136.23 46 With copy to: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, California 92658-8915 Attention: City Attorney O'Melveny & Myers 610 Newport Center Drive Suite 1700 Newport Beach, California 92660-6429 Attention: Lowell C. Martindale, Jr. If to Tenant: c/o International Bay Clubs, Inc. 1221 West Coast Highway Newport Beach, California 92663 Attention: General Manager With copy to: Pinto & Dubia Two Park Plaza, Suite 300 Irvine, California 92614 Attention: Saul B. Pinto And: Tenant's Mortgagee(s) provided Landlord has received notice of and the address of such Mortgagee(s) Any notice party may change its address for purposes of receiving notice hereunder by giving notice to the other party pursuant to the provisions hereof. Refusal to accept delivery of any notice, request, demand, instruction or other communication shall be deemed to be delivery thereof. In the event of a partial assignment of either Landlord's or Tenant's interest under this Lease, no notice or payment shall be given or made to any such partial assignee, but only to one person, firm or corporation as shall have been duly designated by an instrument executed and acknowledged by all such partial assignees and a duplicate original shall have been served upon the other party hereto. Notice or payment shall be given or made only to the last assignee of this Lease as a whole or the one person, firm or corporation named in the most recent designation duly made and served. Neither Tenant nor Landlord shall have any liability to see to the proper distribution of any notice or payment so made to the other party. 19.7 Captions and Section Numbers. The captions, section numbers, article numbers and index appearing in the Lease are inserted only as a matter of convenience, and in no way define, limit, construe or describe the scope or intent of such section or article, nor in any way affect this Lease. 19.8 Construction of Language. The language in all parts of this Lease shall be'construed simply, according to its fair meaning, and not strictly for or against either Landlord or Tenant. The term "permit" shall be interpreted to include "cause to be permitted or NB l :215136.23 47 t � J suffered to be permitted", and the term "include" shall be interpreted not to imply any limitation on the more general preceding provision, unless in each instance otherwise expressly provided in this Lease. 19.9 Broker's Commission. In connection with the transaction contemplated by this Lease, Landlord and Tenant each represents to the other that it has not entered into any agreement or incurred any obligation which might result in the obligation to pay a brokerage commission or finder's fee with respect to this transaction. Landlord and Tenant each agree to indemnify, defend, protect and hold the other harmless from and against any and all losses, claims, damages, costs or expenses (including attorneys' fees) which the other may incur as a result of any claim made by any person to a right to a brokerage commission or finder's fee in connection with this transaction to the extent such claim is based, or purportedly based, on the acts or omissions of Landlord or Tenant, as the case may be. 19.10 Limitation of Landlord's Obligations. Landlord shall not be called upon or required at any time to make any improvements, alterations, changes, additions, repairs or replacements of any nature whatsoever in or to the Premises. 19.11 Landlord's or Tenant's Discretion. Landlord or Tenant, as applicable, shall not have a right to unreasonably withhold, condition or delay such consent or approval if Landlord's or Tenant's consent or approval is required hereunder unless the provision of the Lease states that such approval or consent is in the sole or absolute discretion of the applicable parry. Whenever Landlord's or Tenant's approval or consent is required under this Lease, Landlord or Tenant, as applicable, shall be deemed to have granted such approval or consent if Landlord or Tenant, as applicable, has failed to respond to such request within the period of time expressly given such parry to respond under the applicable section hereof or, if no deadline for a response is given under the applicable section, within thirty (30) days of its receipt of such written request delivered in accordance with the terms of Section 19.6. 19.12 Interest. Interest shall accrue at the Lease Interest Rate on any sums owed by Tenant to Landlord, or vice versa, starting from the first date of delinquency and continuing until the full amount including interest is paid. 19.13 Successors. Except as herein otherwise provided, the terms hereof shall be binding upon and shall inure to the benefit of the successors and assigns, respectively, of Landlord and Tenant. 19.14 Applicable Law. This Lease and all provisions hereof, irrespective of the place of execution or performance, shall be construed and enforced in accordance with the laws of the State of California without giving effect to conflict of laws provisions. 19.15 Landlord's and Tenant's Rights are Cumulative. The rights and remedies conferred upon both Landlord and Tenant in this Lease and by law are cumulative. 19.16 Saving Clause. If any provision of this Lease, the deletion of which would not adversely affect the receipt of any material benefit by any party hereunder or NB 1:215136.23 48 substantially increase the burden on any party hereto, shall be held to be invalid or unenforceable to any extent, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Lease. 19.17 Attorneys' Fees and Expenses. If either party incurs any expense, including reasonable attorneys' fees and expenses, in connection with any action or proceeding against the other, arising out of or in connection with this Lease, whether or not such action proceeds to trial, the sums so paid by the prevailing party shall be due from and be paid by the nonprevailing party on demand. 19.18 Injunctive Relief. In addition to any remedies expressly mentioned in this Lease, the other party shall have the right of injunction and the right to invoke any remedy allowed at law or in equity if there is any breach or threatened breach by either parry of any of the covenants or provisions of this Lease. 19.19 Appraisal. If an appraisal is required under the terms of this Lease for the purposes of determining "fair market value", unless otherwise specified herein, such appraisal shall be determined by the appraisal by three (3) disinterested real estate appraisers, each with at least ten (10) years' experience in the appraisal of similar property interests, one - being chosen by Landlord, one by Tenant, and the third by the other two appraisers. The average of the two appraisals closest in value shall be deemed the "fair market value". Landlord shall pay the costs of the appraiser selected by Landlord, Tenant shall pay the costs of the appraiser selected by Tenant, and Landlord and Tenant shall split the costs of the third appraiser. 19.20 Recording. Landlord and Tenant shall execute for purposes of recordation in the Office of the County Recorder a memorandum or short form of this Lease in the form attached hereto as Exhibit B. The cost and expenses of recording the memorandum or short form of the Lease shall be borne by the parry asking for the memorandum to be recorded. Each party agrees that it will not record the Lease in its entirety. 19.21 Incorporation of Preamble, Recitals and Exhibits. The preamble, recitals and exhibits hereto are hereby incorporated into this Lease and made a part hereof. [Signatures Commence on Next Page] NB 1:215136.23 49 IN WITNESS WHEREOF, Landlord and Tenant have duly executed and delivered this Lease as of the day and year first above written. Attest: City Clerk Approved as to Form: City Attorney LANDLORD: CITY OF NEWPORT BEACH, a municipal corporation Mayor TENANT: BALBOA BAY CLUB, INC., a California Corporation By: It : Chairma of t ;'Va d By: Its: Chief Executive Of f icer NQ1:215136.23 50 IN WITNESS WHEREOF, Landlord and Tenant have duly executed and delivered this Lease as of the day and year first above written. LANDLORD: CITY OF NEWPORT BEACH, Approv6d as to Form: City Attorney TENANT: BALBOA BAY CLUB, INC., a California Corporation Its: 0 Its: NB1:215136.23 50 EXHIBIT A LEGAL DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOT 171, BLOCK 54 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, AND THAT PORTION OF THE NAVIGABLE TIDE AND SUBMERGED LANDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE U.S. BULKHEAD LINE EXTENDING FROM U.S. BULKHEAD STATION NO. 129 TO U.S. BULKHEAD STATION NO. 130, AS SAID BULKHEAD LINE AND BULKHEAD STATIONS ARE LAID OUT AND SHOWN ON A MAP OF NEWPORT BAY, CALIFORNIA, SHOWING HARBOR LINES APPROVED BY THE WAR DEPARTMENT, JANUARY 18, 1917, SAID POINT BEING DISTANT SOUTH 61 DEGREES 01'07" EAST, MEASURED ALONG SAID BULKHEAD LINE, 1498.00 FEET FROM THE INTERSECTION OF SAID BULKHEAD LINE WITH THE SOUTHWESTERLY PROLONGATION OF THE CENTERLINE OF IRVINE AVENUE, AS SHOWN ON A MAP OF FIRST ADDITION TO NEWPORT HEIGHTS, RECORDED IN BOOK 4, PAGE 94 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID POINT ALSO BEING ON THE SOUTHEASTERLY BOUNDARY LINE OF PARCEL 1, PER A DEED OF TRUST RECORDED MARCH 30, 1966 IN BOOK 7884, PAGE 298 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, THENCE ALONG SAID SOUTHEASTERLY BOUNDARY LINE, THE FOLLOWING COURSES: NORTH 28 DEGREES 58'53" EAST 130.00 FEET; THENCE NORTH 27 DEGREES 00' 00" WEST 16.66 FEET: THENCE NORTH 28 DEGREES 58' 53" EAST 195.71 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF THE 100 -FOOT RIGHT-OF-WAY OF THE CALIFORNIA STATE HIGHWAY ORA -60-B, THENCE LEAVING SAID SOUTHEASTERLY BOUNDARY, SOUTH 74 DEGREES 21' 30" EAST ALONG SAID SOUTHWESTERLY LINE, 130.08 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 2550.00 FEET; THENCE EASTERLY 715.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16 DEGREES 04'41n TO AN INTERSECTION WITH THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF TRACT NO. 1140, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 36, PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY: THENCE SOUTH 28 DEGREES 58' 53" WEST 975.03 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHWESTERLY 350.00 FEET FROM SAID BULKHEAD LINE; THENCE NORTH 61 DEGREES 01' 07" 'VEST 776.91 FEET ALONG SAID PARALLEL LINE OF THE SOUTHWESTERLY PROLONGATION OF THE SOUTH- EASTERLY LINE OF SAID PARCEL 1: THENCE ALONG SAID PROLONGATION AND SAID A-1 r SOUTHEASTERLY LINE, NORTH 28 DEGREES 58' 53" EAST 350.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE U.S. BULKHEAD LINE, EXTENDING FROM U.S. BULKHEAD STATION NO. 129 TO U.S. BULKHEAD STATION NO. 130, AS SAID BULKHEAD LINE AND BULKHEAD STATIONS ARE LAID OUT AND SHOWN ON A MAP OF NEWPORT BAY, CALIFORNIA, SHOWING HARBOR LINES APPROVED BY THE WAR DEPARTMENT, JANUARY 18, 1917, WHICH SAID POINT IS DISTANT SOUTH 61 DEGREES 01' 07" EAST, MEASURED ALONG SAID BULKHEAD LINE, 700.00 FEET FROM THE INTERSECTION OF SAID BULKHEAD LINE WITH THE SOUTHWESTERLY PROLONGATION OF THE CENTERLINE OF IRVINE AVENUE, AS SHOWN ON A MAP OF FIRST ADDITION TO NEWPORT HEIGHTS RECORDED IN BOOK 4, PAGE 94 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT OF INTERSECTION BEING THE MOST SOUTHERLY CORNER OF LOT H OF TRACT NO. 919 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; THENCE NORTH 28 DEGREES 58' 53" EAST 154.19 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF THE 100 -FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY ORA -60-B, SAID POINT BEING RADIAL TO ENGINEER'S STATION 6+56.15 IN THE CENTERLINE OF SAID HIGHWAY, SAID RADIAL BEARS NORTH 19 DEGREES 37' 57" EAST FROM SAID POINT, SAID SOUTHWESTERLY LINE BEING A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2050.00 FEET; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, THROUGH A CENTRAL ANGLE OF 3 DEGREES 59'27", 142.79 FEET TO A TANGENT LINE; THENCE SOUTH 74 DEGREES 21' 30" EAST ALONG SAID TANGENT LINE AND SAID SOUTHWESTERLY LINE, 662.08 FEET; THENCE SOUTH 28 DEGREES 50' 53" WEST 195.71 FEET; THENCE SOUTH 27 DEGREES 00' 00" EAST 16.66 FEET; THENCE SOUTH 28 DEGREES 58'53" WEST 480.00 FEET TO A LINE PARALLEL WITH AND SOUTHWESTERLY 350.00 FEET FROM SAID BULKHEAD LINE; THENCE NORTH 61 DEGREES 01'07" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 798.00 FEET TO A POINT WHICH BEARS SOUTH 28 DEGREES 58' 53" WEST 350.00 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 28 DEGREES 58'53" EAST 350.00 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE 100 -FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY ORA -60-13, SAID POINT OF BEGINNING BEING AT RIGHT ANGLES TO ENGINEER'S STATION 7+95.46 IN THE CENTERLINE OF SAID HIGHWAY; THENCE SOUTH 15 DEGREES 38'30" WEST 44.00 FEET; THENCE NORTH 74 DEGREES 21' 30" «'EST 34.00 FEET; THENCE NORTH 15 DEGREES 38' 30" EAST TO AN INTERSECTION WITH THE SAID SOUTHERLY LINE OF THE STATE HIGHWAY; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. A-2 PARCEL 3: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THAT CERTAIN PARCEL OF LAND INCLUDED WITHIN A STRIP OF LAND 25.00 FEET IN WIDTH, THE NORTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE U.S. BULKHEAD LINE EXTENDING FROM U.S. BULKHEAD STATION NO. 129 TO U.S. BULKHEAD STATION NO. 130, AS SAID BULKHEAD LINE AND BULKHEAD STATIONS ARE LAID OUT AND SHOWN ON A MAP OF NEWPORT BAY, CALIFORNIA, SHOWING HARBOR LINES APPROVED BY THE WAR DEPARTMENT, JANUARY 18, 1917, WHICH SAID POINT IS DISTANT SOUTH 61 DEGREES 01' 07" EAST, MEASURED ALONG SAID BULKHEAD LINE, 700.00 FEET FROM THE INTERSECTION OF SAID BULKHEAD LINE WITH THE SOUTHWESTERLY PROLONGATION OF THE CENTERLINE OF IRVINE AVENUE, AS SHOWN ON A MAP OF FIRST ADDITION TO NEWPORT HEIGHTS RECORDED IN BOOK 4, PAGE 94 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT OF INTERSECTION BEING THE MOST SOUTHERLY CORNER OF LOT H OF TRACT NO. 919, 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, THENCE NORTH 28 DEGREES 58' 53" EAST 154.19 FEET T0. A POINT IN THE SOUTHWESTERLY LINE OF THE 100 -FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY ORA -60-B, SAID POINT BEING RADIAL TO ENGINEER'S STATION 6+56.15 IN THE CENTERLINE OF SAID HIGHWAY, SAID RADIAL BEARS NORTH 19 DEGREES 37'57" EAST FROM SAID POINT, SAID SOUTHWESTERLY LINE BEING A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2050.00 FEET; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, THROUGH A CENTRAL ANGLE OF 3 DEGREES 591 27", 142.79 FEET TO A TANGENT LINE; THENCE SOUTH 74 DEGREES 21' 30" EAST ALONG SAID TANGENT LINE AND SAID SOUTHWESTERLY LINE, 662.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 74 DEGREES 21'30" EAST 130.08 FEET TO THE BEGINNING OF A CURVE ON SAID SOUTHWESTERLY LINE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2550.00 FEET; THENCE SOUTHEASTERLY 715.56 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16 DEGREES 04' 40" TO THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF TRACT NO. 1140, AS PER MAP RECORDED IN BOOK 36, PAGE 28 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE SOUTHWESTERLY LINE OF SAID 25.00 -FOOT STRIP IS TO BE SHORTENED SO AS TO TERMINATE IN SAID NORTHWESTERLY PROLONGATION AND LENGTHENED SO AS TO TERMINATE ON A LINE WHICH BEARS SOUTH 28 DEGREES 58'53" WEST FROM THE TRUE POINT OF BEGINNING. PARCEL 4: A NON-EXCLUSIVE EASEMENT FOR AUTO PARKING PURPOSES OVER THE SOUTHWESTERLY 20.00 FEET OF THE NORTHEASTERLY 45.00 FEET OF THAT CERTAIN PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS: A-3 BEGINNING AT A POINT ON THE U.S. BULKHEAD LINE EXTENDING FROM U.S. BULKHEAD STATION NO. 129 TO U.S. BULKHEAD STATION NO. 130, AS SAID BULKHEAD LINE AND BULKHEAD STATIONS ARE LAID OUT AND SHOWN ON A MAP OF NEWPORT BAS", CALIFORNIA, SHOWING HARBOR LINES APPROVED BY THE WAR DEPARTMENT, JANUARY 18, 1917, WHICH SAID POINT IS DISTANT SOUTH 61 DEGREES 01' 07" EAST, MEASURED ALONG SAID BULKHEAD LINE, 700.00 FEET FROM THE INTERSECTION OF SAID BULKHEAD LINE WITH THE SOUTHWESTERLY PROLONGATION OF THE CENTERLINE OF IRVINE AVENUE, AS SHOWN ON A MAP OF FIRST ADDITION TO NEWPORT HEIGHTS RECORDED IN BOOK 4, PAGE 94 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT OF INTERSECTION BEING THE MOST SOUTHERLY CORNER OF LOT H OF TRACT NO. 919, AS SHOWN ON A MAP RECORDED IN BOOK 29, PAGES 31 TO 34 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE NORTH 28 DEGREES 58'53" EAST 154.19 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF THE 100 -FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY ORA -60-13, SAID POINT BEING RADIAL TO ENGINEER'S STATION 6+56.15 IN THE CENTERLINE OF SAID HIGHWAY, SAID RADIAL BEARS NORTH 19 DEGREES 37'57" EAST FROM SAID POINT, SAID SOUTHWESTERLY LINE BEING A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2050.00 FEET; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, THROUGH A CENTRAL ANGLE OF 3 DEGREES 59' 27", 142.79 FEET TO A TANGENT LINE; THENCE SOUTH 74 DEGREES 21' 30" EAST ALONG SAID TANGENT LINE AND SAID SOUTHWESTERLY LINE, 662.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 28 DEGREES 58' 53" WEST 195.71 FEET; THENCE SOUTH 27 DEGREES 00' 00" EAST 16.66 FEET; THENCE SOUTH 28 DEGREES 58' 53" WEST 480.00 FEET TO A LINE PARALLEL WITH AND SOUTHWESTERLY 350.00 FEET FROM SAID BULKHEAD LINE; THENCE SOUTH 61 DEGREES 01'07" EAST 235.68 FEET ALONG SAID PARALLEL LINE; THENCE NORTH 29 DEGREES 30' 13" EAST 697.99 FEET; THENCE NORTH 11 DEGREES 45' 40" EAST 49.32 FEET TO SAID SOUTHWESTERLY LINE OF THE STATE HIGHWAY, SAID SOUTHWESTERLY LINE BEING A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2550.00 FEET; THENCE NORTHWESTERLY 118.56 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 2 DEGREES 39' 50" TO THE NORTHWESTERLY TERMINUS THEREOF; THENCE NORTH 74 DEGREES 21' 30" WEST 130.08 FEET TO THE TRUE POINT OF BEGINNING. A-4 EXHIBIT B MEMORANDUM OF GROUND LEASE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: International Bay Clubs, Inc. 1221 W. Coast Highway Newport Beach, California 92663 MEMORANDUM OF GROUND LEASE This Memorandum of Ground Lease ("Memorandum") is entered into effective as of (the "Commencement Date"), by and between THE CITY OF NEWPORT BEACH, a municipal corporation ("Landlord"), and BALBOA BAY CLUB, INC., a California Corporation ("Tenant"). RECITALS A. Landlord and Tenant have entered into that certain Ground Lease (the "Lease") dated as of the Commencement Date relating to certain real property located in the City of Newport Beach, County of Orange, State of California described more particularly on ExhibitA attached hereto and by this reference made a part hereof (the "Premises"). Landlord and Tenant each desires to execute this Memorandum for recordation in the real property records of the County of Orange in order to memorialize the existence of the Lease. NOW THEREFORE, with reference to the foregoing recital, the parties hereto agree as follows: 1. Lease of Premises. Landlord hereby leases to Tenant, and Tenant hereby hires from Landlord, the Premises, on the terms and conditions set forth in the Lease. 2. Term. The term of the Lease shall be for a period of fifty (50) years commencing upon the Commencement Date, unless sooner terminated pursuant to the provisions of the Lease. 3. Incorporation of Lease. This instrument is a memorandum of the Lease and is subject to all of the terms and conditions of the Lease. The terms of the Lease shall prevail if there is any inconsistency between the terms of this instrument and the terms of the Lease. NB1:215136.23 B-1 IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum as of the date first set forth above. THE CITY OF NEWPORT BEACH, a municipal corporation in BALBOA BAY CLUB, INC., a California Corporation Its: Its: NB 1215136.23 B-2 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) NB 1:215136.23 Notary Public STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , , before me personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) NB 1:215136.23 Notary Public NB 1:215136.23 EXHIBIT C SIGNAGE REGULATIONS [TO COME] C-1 EPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 City of Newport Beach Attn: Mr. Wes Armand P.O. Box 1768 Newport Beach, California 92658-8915 May 14, 1998 SUBJECT: NOTICE TO PROCEED (File No. 98-00501-VAW) Dear Mr. Armand: qfi Reference is made to your letter dated April 28, 1998 in which you submitted on behalf of Balboa Bay Club at 1221 Via Lido Nord, a notification for the maintenance dredging of 500 cubic yards of sand and silt material using a backhoe and disposal of the dredged material on the adjacent beach. Based on the furnished information, we have determined that the proposed maintenance dredging activity complies with the terms and conditions of Permit No. 89 -211 - GS provided that the contractor, AIS Enterprises, does not exceed the maximum dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW. If you have any questions, please contact Vicki A. White of my staff at (213) 452-3410. Please refer to this letter and 98-00501-VAW in your reply. Enclosure(s) Sincerely, " J Mark Durham Chief, South Coast Section Regulatory Branch CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT HARBOR PERMIT APPLICATION (Please print all information) --'122./ k/JF3V CoA6V— IlW�'. X/-)3- 1. Applicant (Property Owner) Address Telephone 41?- Al 2. Project Address (Street Addres 3. New Construction Revision Harbor Permit Maintenance Dredging 4. Fee _?5e Check No. �� Date 5. Brief Description of Proposed 6. Submit 81/2" x 11" Drawings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures. on adjacent properties. 2). Location of bulkhead, pierhead and project lines. 3). Location of property lines. 4). Location of channel markers within 200 feet.. 5). Lot sizes and lot numbers, if available. 6). Existing ground profile beneath proposed structure. 7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W. 8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W. 9). Any special conditions affecting the construction or affecting boating operations. 10).Complete all information required in information block, bottom of sheet. Note that the OWNER. of the property is the applicant. 11). Drawing size shall be 8 -1/2" x 11". 12).Scale shall be adequate to clearly show the above information. 13).Existing structures shall be -shown in ligh4dashes. New work shall be shown in heavy solid lines. 7. Owner -Builder Declaration must be com le 8. Applicant's/Agent's Signature: Joint Permittee Signature (If applicable): 9. Work can begin once the City has received e been notified to proceed. if you begin prior to Municipal Code and subject to penalties. (on reVer§geid6—of this sheet) Date: Date: ice of the following additional approvals and you have notice you will be in violation of the. Newport Beach 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. Approval of the City of Newport Beach Council. Approval of the Army Corps of Engineers Approval of the California Coastal Commission. Approval of.the City's Public Works Department. Approval of the City's Building Department. Approval of County of Orange. Electrical and/or plumbing permit (Building Department) Issued. (Permit is stamped drawing) Site Inspection. (call 644-3043 for appointment) Site Re -Inspection Conditions: Date Date Date Date Date Date Date Date Date Date Date OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code) or that he is exempt therefrom -and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as their sole compensation; will do the work, and the - structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or .through his own employees, provided that such improvements are not. intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving.that he did not build or improve for the purpose of sale). I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who.builds or improves thereon, and who contracts for such projects • who builds or improves thereon, and who contracts for such projects with a Contractor(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Professional Code for this reason: O er's Signature: Date: 3 2 9 e Contractor: A 15 Telephone: 6S0 06<5q Address: `i'a �., r-rz ct� PI- C.e-tI62---7_ License class: .t State Board No. -7?-'W8> City License No. g 1 l 5 Z J License Contractor's Declaration I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and my license is in full force and effect. /Contractor's Signatur Date:, �� 5 GR%DGING APPLICATION Project Lo<:air9.on /za./ fold- .tri'® Cubic Yards to be Dredged.- Method redged:Method of Dredginc: =���1 —..-. Nature of DrC.11ged mat.erJ al Oispoz3 i tion vf Dredg-,-d Material: ��0,�- -� �►✓ �� Method of Materiel Disposition: 72PA!,-,� Turbidity Control Method: A!9: Effect of dredging on contiguous bulkheading and beaches 1, ____ �^ ., hereby state that I have read the U. (print ::arra) Corps of Engineers permit for maintenance dredging in Newport harbor, City ^.f Newport Beach and Orange County Harbors, Beachas and rar=-s E) -;t;: :t ;if applicable) permit for maintenance dredging and that. 1 accent ,provisi'ans therein. Additionally I guarantee that the proposed dra: ,tJ.,lct will not occur because of anv altering of existing. use of the at;"ec;tcd ohne. Szv App Ic�.nt_type narc, (Date) A'S Contractor --type nam,2) sigr:ed: O actio R - Ar4tPI j. AUr_-W.J41H ---, E w.,smr4&. r�iz'mLFY . WALL- j Gjy1/IMMINrai �EA SWIM BLOAT ,, ail r53 F-�.�►7 i OA <4 r -+ V1GIH 1TY ;Moo lC� - O:: est SWIM BLOAT ,, Ab 1--/21 zi CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST Date: May 19, 1994 X CURRENT PLANNING DIVISION X PUBLIC WORKS DEPARTMENT XXPLANS ATTACHED X TRAFFIC ENGINEER X FIRE DEPARTMENT _PLANS ON FILE IN PLANNING DEPT. X BUILDING DEPARTMENT COMMUNITY SERVICES X POLICE DEPARTMENT X MARINE SAFETY -o, ry X GRADING ENGINEER APPLICATION OF: The Balboa Bay Club FOR: Zoning Amendment No. A787/Use Permit No. 3524 REQUEST TO: Approve a Planned Community Development Plan and Use Permit to allow the remodeling and expansion of the Balboa Bay Club LOCATION: 1221 West Coast Highway REPORT REQUESTED BY: John Douglas, Planning Dept. (644-3230) COMMENTS REQUESTED BY: May 27, 1994 PLANNING COMMISSION MEETING: June 9, 1994 COMMENTS: F.\ ... \FO RMS\PLAN-REV.REQ NAME ADDRESS OF PROPOSED FACILITY PERMIT 8 ,$aboa Bay Club 1221 W. Coast y MAILING ADDRESS TELEPHONE NO. 1 _ FEE CHECK NO. - DATE 875 B SS i5th Sure t APPROVED BY: DATE APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT �X for OCHD ❑ XXMM..NMK C Main nannA nrpri�j ng AT THE ABOVE LOCATION IN.A000gDANCE WITH THE CITY OF ENGR NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING COUNCIL ❑ By Shellmaker Int - COMPANY PUBLIC WORKS ❑ DATED April - 3, 1996 DEPT. ❑ ESCROW - DATE A ril 3, 1996 INSPECTION aA ❑ SIGNATURE ` � V P � ❑ ❑ SPECIAL CONDITIONS: i CITY OF NEWPORT BEACH, CALIF. WX FORM 6e-1010 I PERMIT NO. /� - 172'1 DREDGING APPLICATION Project Locatign: 1221 W. Coast Highway, Cubic Yards to be Dredged: 125 Method of Dredging: hydraulic suction Nature of Dredged Material: sand/silt Disposition of Dredged Material: nLmn o�_diagentbeach Method of Material Disposition:: pipeline Turbidity Control Method:_ turbidity curtain as required Effect of dredging on contiguous bulkheading and beaches restores beach and reinforces bulkhead I,Mjljpr __, hereby state that I have read the U. S. Army (print name Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I Additionally guarantee that the proposed dredging will not occur because of any altering of -existing use of the affected zone. Balboa Bay Club Applicant -type name Contractor -type name April 3, 1996 J C Signed: (Date) Con rector s Re resentative C� T r- SiTC - a,•�J' 0 L + V r �J `• O t N P, o r- S'e e A Trac: a f a NfM�.I/ *� `" A o 5 e. I�•s •f..s-y � TQ Iws11. ° Is.M1 D .� o Der cLS Is Pra es 1 �' • C`. • Its MK VICINITY SKETCH -v v w..�aurr I p N�w►owr0",, CA& isoawIA Jerry w ? SO4n q'in S or / //� 9 • W.4Prcr5sd /n li•l and d�nolt Lt /1'1� �V/OL2 d•p !!s a b e%w Maorr Lower Low M2,014,^ Mvtiw.rs�w (� ron9rof l!d• p /r-4",Np3(•/y /O /rs+y Hvrbo,. r Qv c&YQ6/1Vc.dPis �ti,s secfio., ofNst✓Pw� aor Dcc.K W ay D�ed'►ns esr A Doe Doc i PNI d y • Cary Tion@ /wads 4 0. 1 8 ,JOA ,P s• 1221 W Cca w CQA•T*qo f ►nq rOwrE C/ T Y of N~oo er BE.4cAv Aft VCJ D O �,o h L 0 V N a • O � ?^ w o O 'ifs •t,cv �: TO •wL1•A D AD JLIyO -_� C• • �K< 17 G CMS v1 096 rk VICINITY SKETCH ti wN�arrr, i s,.r wpowrbnY Cou isoaNIA Itirr yr I So undlnys oro e,raircrstd !n ltel and o�inole doplhs be/ow Meori Lo.vtr Low Wofor. Motiw.un. ron9e of lido qp/rc+xi,MO� /O "Wei Harbor 1,;Ies blas of Nsw.Aw/ doh: � �; $ulKtie4�a h e - r ' \i _I Qera.iL - Cruesr QoCK 5.,06 M.L. L,M/� \ . 3t �Slope Aro f i l e 049es-r DOCK dl G0. • Asks- covT�filGTo�t?A/��aKt/ OgTE 3 CITY OF NEWPORT BEACH PLANNING DEPARTMENT November 29, 1993 TO: Patty Temple Don Webb Rich Edmonston Bob Burnham FROM: \ ohn Douglas SUBJECT: Balboa Bay Club Screencheck EIR #2 Last week I distributed a copy of the second screencheck EIR for Balboa Bay Club for your review. The meeting with the consultant and the applicant to provide our comments will be held Thursday December 16 at 9:00 a.m. in the 2nd floor Planning Conference Room. Most of the missing sections from the first screencheck document have now been filled in, so please try to bring all of your comments to the meeting. Thanks cc: Jim Hewicker Kevin Murphy Tim Riley Dave Harshbarger f:\...\JOHN-D\BBC\SCEIR-2.MEM O� SEW pp�� _ CITY OF NEWPORT BEACH V = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C-14�O RN P June 24, 1993 Mike Stanko The Balboa Bay Club 1221 West Coast Highway Newport Beach, Ca. 92663 Dear Mike: , Thank you for taking the time to discuss with me your commitment to do all that is within the authority of your position at the Bay Club to protect the quality of the water at the club. There has been some concern, expressed by citizens to this department, that the large vessels berthed at both sides of the bathing beach put swimmers are at a greater risk since these vessels could discharge the contents of their holding tanks into the surrounding water. Compounding this concern was a report of such an incident on June 10, 1093, at the BaY club. The alleged incident was witnessed by a guest of the club and reported at the Water Quality Citizens Advisory Committee that same day—on June 23, 1993, another guest at the club witnessed what he believed to be another such incident within the club's marina and reported this to the Marine Department. Today, Bobby Wilson, Balboa Bay Club Dockmaster, has also contacted me to confirm that a letter directed to all your marina tenants will go out this week reminding them of the importance to practice proper maintenance procedures. Please feel free to contact me at any time if there is a need to discuss this further. Sincerely, Wes Armand Harbor Inspector cc: Dave Harshbarger 3300 Newport Boulevard, Newport Beach R September 24, 1986 Mr. Tony Melum, Tidelands Administrator Marine Department 3300 Newport Boulevard Newport Beach, CA. 92663 Dear Tony: Pursuant to our previous conversations, I am enclosing certain documentation which is used between the Balboa Bay Club and vessels for different uses of the Marina. Also, this letter is to assure you that any vessels authorized to use the Balboa Bay Club facilities for boat charter operations will be required to have a current Commercial Activities Permit if required by the City of Newport Beach. Secondly, the Balboa Bay Club will not allow any charter activity which will adversely affect public parking or inconvenience Club members. Currently, and for a number of years in the past, we have operated shuttle service from the Luthern Church on Dover Drive and Newport Harbor High School during peak periods. We have recently added to the Club's parking availability, The Newport Beach Country Club and the Balboa Bay Club Racquet Club. This additional parking provides us with two more remote shuttle loca- tions which can be used for boat charters and peak period business as required. We will submit to you a list of vessels authorized by the Balboa Bay Club to use our facilities for charter operations. These vessels will be divided into two categories. Those which may use the facility on a regular basis will be identified as such. Those vessels which may use the facility only on a specific charter basis will have their names submitted to you each time a charter is requested. At such time as any vessel is no longer allowed to use our facilities we will notify you to delete their names from the authorized list. 1221 West Coast Highway, Newport Beach, California 92663 (714) 645-5000 Mr. Tony Melum, Tidelands Administrator September 24, 1986 Page 2 We have currently approved two vessels, the BP JOHN II and the MOJO, as being allowed to charter on a continuing basis. Thank you for all of your help in this matter and if any questions arise, please contact me directly. Sincerely, Thomas G. Deemer President CC: Dick Rogers TGD : j h Cl r Y o� Nwmoaer de.4cH -0 .1 I–A - i1 1 1 �•f 1 � 1 II i -A II II it Ii L.l �- - - - — -- -le �cw1 z� l Z�f deo h I rOW V e ^ Off., G A .k...j1iaTD •wc1�w L. re .4D 0,44,101411, t cow. v. O c DeTd,�' VICINITY SKETCH y"f AMY II DocK Nawiowr DAY, CAt 1ioaW1A y i�rrr 2 914 CM. /Areas 3:1 Sl o p. "A A," Prof ; /e - f>I Docr% M,k,LM, e M.L.4.W. Sound{nys or• dPA,4Wessed 1+7 fie/ Cold dVojotd depl4s be/ow Meo.7 Lower Low wbfa'r. Mora.ww. ron9r o/ fide n"JVTOOev /O 402( Horbor /.:its Ore aallab/i'she, /.t 114-A Jdkliam airA/l..em.f Sar. r 1 sera L - (9,uesr DOCK 201— 3� 3: ► Slope Qcues-r DOCK 347 3.. I K A ---t1-----1 .I- _ N a. Der.- U nt A DocK I I I II i �I II Dra;� E. O.d7 ° M "L. . W. 3:1 slap. Prof le A Dock l94 C«. yard AGENDA ITEM NO. F-19 CITY OF NEWPORT BEACH Marine Department - TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 129-1221 BY THE BALBOA BAY CLUB TO REBUILD THEIR EXISTING COMMERCIAL MARINA BAYWARD OF 1221 WEST COAST HIGHWAY Recommendation: If desired, approve the application subject to the following conditions: 1. Approval of the California Coastal Commission. 2. Approval of the Army Corps of Engineers. 3. Newport Beach Public Works approval of plans and specifications. 4. Newport Beach Building Department approval of water, electricity and lighting at the piers and floats. 5. Newport Beach Fire Department approval of the fire fighting plan for the commercial docks. Discussion: This application is before the City Council as required by Section 5.C. of the Harbor Permit Policies which states: 5.C.3. "Prior approval of the City Council will be required before issuing a permit for shore -connected structures when the abutting upland property is zoned commercial". The docks bayward of the Balboa Bay Club have deteriorated and are due for rebuilding. The applicant proposes rebuilding the docks in exactly the same configuration as originally permitted. There will be no revision changes to the docks. The same sizes and number of slips will be rebuilt as was originally permitted. TonyMel Tidelands Administrator TM: db 13ssss m3a s (Ta- 1-3-H-2-H ��nn nn� a91-3-0iialla& It) — p� � CITY OF NEWPORT BEACH v = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 e. Marine Department July 17, 1986 Tom Deemer, President Balboa Bay Club 1221 West Coast Highway Newport Beach, CA 92663 Dear Mr. Deemer: The Newport Beach Marine Department has inspected the commercial docks bayward of 1221 West Coast Highway. It is our opinion that the docks are deteriorated and pose a potential hazard to public safety. It would be our recommendation that they be repaired or rebuilt as soon as possible. If you have any further questions in this regard, please call (714) 644-3044. Sincerely, Tony�M�l Tidelands Administrator TM:la 3300 Newport Boulevard, Newport Beach :. Sf DATE � � ln. TO D� C] CITY COUNCIL MAYOR AGER FIRE C3 CITY MAN GENERAL SERVICES DEPUTY CITY MGR. 0 LIBRARY ATTORNEY n4kRINE C3 BUILDING C3 PARKS & REC. C3 CITY CLERK PERSONNEL C3FINANCE - ADMIN.PLANNING C3ACCOUNTING C3 POLICE DATA PROCESSING DUPLICATING ❑PUBLIC WORKS Cl TRAFFIC 0 PAYROLL PURCHASING 0 TELECOMM. REVENUE FOR C3 ACTION & DISPOSITION FI FORMATION --, —, .XrrF«u Rr COMMENT SUMMARY SITE DATA GROSS SITE AREA PARCH. 1631227.% S.F. PARCEL'_ 469.707XS F, TOTAL GROSS SITE AREA 1.100.935.44 S.F. NET SITE AREA (1) PARCEL 1355.788 S.F. PARCEL 2 192.759 S.F. TOTAL NET SITE AREA 548347 S.F. GROSS BUILDING AREA (2) mum PROPOSED PARCEL l 1533W S.F. 189.0DO S.F. PARCEL 2 247,402 S.F. 247.402 S.F. TOTAL GROSS BUILDING AREA 400.402 S.F. 436.402 S.F. PARCEL 1131 BUILDING SETBACKS 1.1FROM PACIFIC COAST HIGHWAY 75 FT 1.2 FROM EASTERN PROPERTY LINE ISO FT 1.3 FROM WESTERN PROPERTY LINE N.A. BUILDING HEIGHT LIMITS (5) 2.1 35 FT MAXIMUM ABOVE EXISTING GRADE. SLOPED ROOFS MEASURED TO MIDPOINT VICINITY MAP SCALE 1" 0.5 MILES 4� -T roue rfl / � YEtNL4b CO UM TT Of ORANGE O I's !tour euf) ~ f MINIMUM PARKING STANDARDS 189,000 SF 3.1TYPICAL STALL 15 FT. 4 17 Fr. 71900 SF 3.2 SINGLE HANDICAP STALL 14 Fr. a 17 FT. 181,4" SF 33 DOUBLE HANDICAP STALL 23 Fr. 4 17 Fr. 143 ROOMS / 175 MODULES 3.4 VAN ACCESSIBLE X.C. STALL 17 FT. a 17 Fr. 70,900 SF 3.5 TYPICAL DRIVE AISLE WIDTH 26 Fr. 12800SF 3.6 TYPICAL ENTRY/EXIT DRIVE WIDTH 26 FT. GSF STORIES 3.7 MAXIMUM ENTRY/EXIT DRIVE SLOPE 5% GSF BLDG 3.8 MAXIMUM PARKING AREA SLOPE 5% NO. ROOMS TOTAL BUILDING AREA Srl'E COVERAGE: 17.066 S.F. TOTAL LANDSCAPE 163,404 S.F. TOTAL DRIVE AND OPEN PARKING SITE COVERAGE IHS" S.F. / PROJECT TABULATIONS 189,000 SF FOOTPRINT 71900 SF HOTEL: 181,4" SF BUILDING TABULATIONS 143 ROOMS / 175 MODULES ASSEMBLY 70,900 SF RESTAURANT/FIRST CABIN 12800SF PARCEL N()- BLDG, USEEOOTPRT GSF STORIES NO. GSF BLDG GSF PK •. NO. ROOMS I PALM CT COMM. 12.000 7 76.000 14,000 66 I BACK COMM. II,OW 3 43.(8X) 21.600 11 I CLUB COMM. 24,000 2/3 nL.000 22 I SPA COMM. 22.000 213 - 3LODD 19,000 24 1 BALL COMM. ILODD I 11,000 TOTAL 149,799 781.121 109.881 289 PARKING TABULATIONS PARCEL OPEN COPD TANDEM H.C. NoUSE Sp. PROYD Sp PROYD SP PROVO SR PROVO TOTAL 1 COMM. 252 RES. INCL 120 76 8 456 T& TOTAL INCL INC,_ INCL. 216 672 PARCEL I & 2 NOTES: USE TABULATIONS TABLE (ALL AREAS IN GROSS SQUARE FOOT) TOTAL AREA 189,000 SF FOOTPRINT 71900 SF HOTEL: 181,4" SF 143 ROOMS / 175 MODULES ASSEMBLY 70,900 SF RESTAURANT/FIRST CABIN 12800SF BARADUNGE 3.3M SF MAIN BALL ROOM 7200 SF (360 SEATS) MEETING AND BANQUETTE 5.000 SF RETAIL 7.000 SF LOBBYICMCLLATION/SIOR 5.400 SF ADMINISTRATION 113" SF SERVICE 219" SF KRCHFNIEMPLOYAIOUSE 13.400 SF MAINTENANCE/SHOPS 6,300 SF ATHLEnc FACILITIES 17,6" SF PARKING STRUCTURE 421.600 SP) (1) NET SITE AREA IS CALCULATED TO THE U.S. BULKHEAD LINE1 22 INCLUDES ABOVE GR ADE PARKING. TOTAL 169,000 SF (22/,600 SD (H NO IMPROVEMENTS TO PARCEL 2. 1 (4) BASED ON NET SDE AREA AN U.S. BULKHEAD LINE C W S 151 ROOFTOP EQDOES NOT UIPMENT WILL NOT EXC EDOII IFlTOAOO E�FJDmNO GRADE 0 4 PUB AT PUBLIC VIEW qCC I a � iT /a • � / I I 1_l_L111L11 BACK BUILDING H I �u 3 -STORY ADMINISTRATION WAY T prff/ OHUM4' HIGH SIG 3 -STORY GUEST ROOMS IIN�j4� i ,I —�— Z 4200 0S.F. TOTAL OA5 a I qqq� rrr���111 III I 'WN% L SOF<OtOutL %iL�wK II I \/� j O I P�.yP _4 _ovffNANs-_-- 1 f4•N � faDf. EOYNOq T/ON L/Nf � 3 STO<Y AP<RTMLNT QYILJ/N6 M/uNOLLILOfINO PILR/Nf `a GLOP /GUNOAr/ON L/Nf wewG ` o+E< I i, rGYffN.Nf I t ��LiPwaX - l EXISTING CONC{ETf —l", SPA BUILDING IR 25' AIR )-STORYY GU ROOMS I 38.000 S.F. AL POOL yJI BEACH Yv n ) O/ BEACH BAIT —4U3. 8ULXNfA0 LINE ,Sys, /OTS' V.e. P,ELNEAO L/Ni NEWPORT BAY COURT B 1- 11. POOL CLUB BU DING -STORY CLU FACILITIES 3-STORYG ROOMS 62000 S.F. f CONCRETE OULXNEAO Y CONCEPTUAL TECHNICAL SITE PLAN RA NO - U EXISTING ZONING: RJ (AMENDMENT NO. 267) 2) EXISTING USE PARCEL 1: COMMERCIAL PARCEL 2: MULTI -FAMILY RESIDENTIAL 3) PROPOSED USE PARCEL 1: COMMERCIAL PARCEL 2: MULTI -FAMILY RESIDENTIAL 4) ASSESSOR'S PARCEL NOS_ 49-161-03 49-161-05 49161-06 4e-16140 5) EXISTING BUILDINGS ON PARCEL 1 EXCEPT PALM COURT BUILDING ARE TO BE REMOVED. j EXISTING BUILDINGS ON PARCEL 2 ARE TO REMAIN. 6) THE PURPOSE OF THIS MAP IS TO CREATE TWO NEW PARCELS FROM ONE MS71NG PARCEL f 84Y SHORE ORIVE RECORD OWNER CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH. CALIFORNIA 92658 TELEPHONE (714)6443005 DFVFLnDRR Soo,3� INTERNATIONAL BAY CLUBS; INC. 1- 1221 WEST COAST HIGHWAY NEWPORT BEACH. CALIFORNIA 92663 TELEPHONE (714)645-5000 VESTING TENTATIVE MAP FOR PARCEL MAP NO. 88-363 IN THE CTIY OF NEWPORT BEACH. COUNTY OF ORANGE STATE OF CALIFORNIA BEING A PORTION OF LOT 171. BLOCK 54 OF IRVINE'S SUBDIVISION. AS SHOWN ON A MAP THEREOF FILED IN BOOK I. PAGE RR OF MISCELSNEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. CALIFORNIA. CONTAINING: 25.274 ACRES. MORE OR LESS. TOB 341521 Vj CYPf Uematiamrl IONNI99] l.a l rlRee ���•�fq and OeLTTaP/P&c ift ! N2.YNaMtl YrM JM.M. rr6)3w/w3'AI'H August 27, 1986 City of Newport Beach Marine Department 3300 NEwport Boulevard Newport Beach, CA. 92663 Atten: Tony Melum Dear Mr. Melum: A condition of Harbor Permit Application #129-1221, by The Balboa Bay Club to rebuild the existing Commercial Marina, has as one of its conditions, the approval of the Army Corps of Engineers. We have been advised .by the Army Corps of Engineers in Long Beach, California that such approval is not required and that because we are replacing the Marina like for like, it is covered by the Nationwide Permit Code of Fed- eral Regulation Title No. 33 CFR 330.5 (A) (3). I am hopeful that this satisfies the City's condition of approval, as the Corps of Engineers will take approx- imately five weeks to respond with the same information in writing. Thank you for your cooperation in this matter. Sincerely, Thomas G. Deemer President TGD:jh 1221 West Coast Highway, Newport Beach, California 92663 (714) 645-5000 PERMIT NO. DREDGING APPLICATION Project Location: 1221 West Coast Highway Cubic Yards to be Dredged: 459 Methgd of Dredging: Hydraulic Suction ` Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Place material on beach at club F= Method of Material Disposition: Pump through discharge pipe to disposal fill area. Turbidity Control Method: Filter screen around discharge site. Effect of dredging on contiguous bulkheading and beaches Will restore depleted beach. I, Wm. L. Harris , hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. Balboa Bay Club (Applicant -type name 8/16/86 (Date) Newport Dredging Co. Contractor -type name) a_l Signed: Contractor s Representative Crro,,w'NE tIt3' S k/21-e�- 301 s ,7,0 Ao e S OPT O&W cN tb: 00 � rr ? �./nrels 'A A:, G., D;5���a l -ZJ izzI U Q '' C►� � f,7ia '♦ r .. •.. • c �� �. � CU�f•MI 0 Pat »I,( VICINITY SKETCH-"rJi7Tr Ews� Nrwiowr DAY, CAL iFoaA nu lirrr Sovnd/n9s orf edpiessed /r) Avert end denolle' deF iha below ti1QOn Lower Low WO -4e--. MOXIMIC10" ror �e of fide opprox/n>•olf/y /0 V%04. Horbor /files Orr eslobl/sAad in fh:s , sec/.,*,p of'Newpo.f 80y: Z< v 6,c �,a I u; 'I � II 1� �I I' •�j i II ,I � I� it II II II II II I �I �I• it I , I I II ,' II I I� it II li I 'I it �I ;• II .I II I Ji.. -4.._..1.1.._..._1 .__.11..._:1......,1 ... :+.. ._ll...__ 1._.._.hl._ .�L._._..i1._ rt ._ Ll :l/ r.J 'L ,�- /.>rl P L/ CAW T s AIAAoM Ic— �� r= /> JGy �- f G Cy T TINA c> �z /�/�5Y COct': �. /Vtif .rT ar9 Aop eEss 1 (Co,�rr/eAc s oa� p/� 9, n y OA 7-,C Z/�G v a `'� a t riri•fr *" � � IR /Iii ffw � T Q � IwtCoA D jtwArp Q '' C►� � f,7ia '♦ r .. •.. • c �� �. � CU�f•MI 0 Pat »I,( VICINITY SKETCH-"rJi7Tr Ews� Nrwiowr DAY, CAL iFoaA nu lirrr Sovnd/n9s orf edpiessed /r) Avert end denolle' deF iha below ti1QOn Lower Low WO -4e--. MOXIMIC10" ror �e of fide opprox/n>•olf/y /0 V%04. Horbor /files Orr eslobl/sAad in fh:s , sec/.,*,p of'Newpo.f 80y: Z< v 6,c �,a I u; 'I � II 1� �I I' •�j i II ,I � I� it II II II II II I �I �I• it I , I I II ,' II I I� it II li I 'I it �I ;• II .I II I Ji.. -4.._..1.1.._..._1 .__.11..._:1......,1 ... :+.. ._ll...__ 1._.._.hl._ .�L._._..i1._ rt ._ Ll :l/ r.J 'L ,�- /.>rl P L/ CAW T s AIAAoM Ic— �� r= /> JGy �- f G Cy T TINA c> �z /�/�5Y COct': �. /Vtif .rT ar9 Aop eEss 1 (Co,�rr/eAc s oa� p/� 9, n y OA 7-,C Z/�G CITY OF NEWPORT BEACH F0, M' 1 0 2 P E sn V =,4 v E A L AND J5 AtRIMIT- l8s�,�,p0 SULL ! ,T To ')RZD3E 11ATERIAL DEtNG NAUj.[TDTG,,cA PLACED 0,14 E-FACH SPECIAL COND41TIONS: I CGO has Of Engineers Permit OrOnge CGuntY P6rn, it Other Qo" 47 .-A D-ji ... ......................... .... AtRIMIT- l8s�,�,p0 SULL ! ,T To ')RZD3E 11ATERIAL DEtNG NAUj.[TDTG,,cA PLACED 0,14 E-FACH SPECIAL COND41TIONS: I CGO has Of Engineers Permit OrOnge CGuntY P6rn, it Other Qo" 47 .,.TY OF NEWPORT EACH COUNCIL MEMBERS � O* s �o 'A�CG3 MINUTES July 28, 1986 HOMES PLANNED COMMUNITY (SUMMER WIND) so as to allow individual property owners to use the side yard of an adjoining lot for parking purposes, landscaping, and the construction of pools and spas. Property bounded by Carnation Avenue, Fourth Avenue, Dahlia Avenue and Second Avenue, in Corona del Mar. (Report from the Planning Department) 11. (A) PROPOSED GENERAL PLAN AMENDMENT 86-2(A) - Sustain the recommendation of the Planning Commission and initiate a GENERAL PLAN AMENDMENT to the Land Use Element of the Newport Beach General Plan to reclassify approximately 3.6 acres of land, located between Placentia Avenue, Superior Avenue and the northerly City boundary, from "General Industry" to "Multi -Family Residential;" (B) PROPOSED GENERAL PLAN AMENDMENT 86-2(B) - Sustain the recommendation of the Planning Commission and initiate a GENERAL PLAN AMENDMENT to the Land Use Element of the Newport Beach General Plan to reclassify the property located at 3014 West Balboa Boulevard from "Two -Family Residential" to "Retail and Service Commercial;" and (C) PROPOSED AMENDMENT NO. 10 TO THE CITY OF NEWPORT BEACH LOCAL COASTAL PROGRAM, LAND USE PLAN - Sustain the recommendation of the Planning Commission and initiate an amendment to the Certified Local Coastal Program, Land Use Plan, for the property located at 3014 West Balboa Boulevard from "Two -Family Residential" to "Retail and Service Commercial." (Report from the Planning Department) 12. OFFSITE PARKING AGREEMENT - Acceptance of an Offsite Parking Agreement with RUSSELL E. FLUTER, Newport Beach, for a portion of the required offstreet parking spaces in connection with the construction of two combined residential/commercial developments on adjoining lots located at 2816 and 2818 Newport Boulevard, between 28th and 29th Volume 40 - Page 308 GPA 86-2(A) & (B) / Amnd# 10 LCP/LUP (45) OfSite Pkg Agm/Fluter C-2605 (38) CI OF NEWPORT BE ;H COUNCIL MEMBERS MINUTES 00 s� ,0 15� ti ti v ROLL CAL �`p �� �� July 28, 1986 INnFX Streets in the Cannery Village/McFadden Square Specific Plan Area. (Report from the Planning Department) 13. OFFSTTE PARKING AGREEMENT - Acceptance OfSite Pkg of an Offsite Parking Agreement with Agm/Vallely VALLELY FAMILY TRUST and BALBOA LANDING, Fam Tr/Bal so as to allow the required offstreet Landg parking for the development known as C-2606 EDGEWATER PLACE: (USE PERMIT NO. 3122), (38) to be located on separate lots from the building sites. Project location, 309 Palm Street, Balboa. (Report from the Planning Department) 14. Removed from the Consent Calendar. 15. ACCEPTANCE OF BALBOA PARKING LOT TICKET Balboa Pkg BOOTH (C-2398) - Accept the work; and Lot Ticket authorize the Citv Clerk to file a Bth C-2398 Notice of Completion and release the (38) bonds 35 days after the Notice of Completion has been recorded, provided no claims have been filed. (Report from Public Works Department) 16. RESUBDIVISION 819 - Approve a Resub 819 Subdivision Agreement guaranteeing (84) completion of the public improvements required with Resubdivision No. 819 (Lots 12, 13 and 26, Block 14, Balboa Tract, merged as a single building site by Document 12818-996, located at 922 East Ocean Front and 925-927 East Balboa Boulevard on the northerly side of East Ocean Front and the southerly side of East Balboa Boulevard, between "A" and "B" Streets, on the Balboa Peninsula); and authorize the Mayor and City Clerk to execute said agreement. (Report from Public Works Department) 17. QUALITY OF LIFE CITIZENS ADVISORY Quality Life COMMITTEE RESIGNATION - Accept with CAC regret Eleanor Baldwin from the Quality (24) of Life Citizens Advisory Committee; City Clerk to post vacancy notice. 18. Removed from the Consent Calendar. 19. HARBOR PERMIT APPLICATION #129-1221 - Harbor Perm Uphold staff's recommendations, subject Apli#129- to conditions listed in the staff report 1221 for request by the Balboa Bay Club to (51) rebuild their existing commercial marina at 1221 West Coast Highway. (Report from Marine Department) Volume 40 - Page 309 �ldll 01 Calllornla, George DeulCmepai wernor California Coastal Commission SOUTH COAST DISTRICT 245 West Broadway, Suite 380 P.O. Box 1450 Long Beach, California 90801-1450 (213)590-5071 DATE: July 22, 1986 TO: Balboa Bay Club EXEMPTION FROM OBTAINING COASTAL DEVELOPMENT PERMIT FROM: SOUTH COAST DISTRICT OFFICE, CALIFORNIA COASTAL COMMISSION SUBJECT: PROPOSED DEVELOPMENT AT: 1221 West Coast Highway Newport Beach, CA 92663 IN ACCORDANCE WITH PUBLIC RESOURCES CODE SECTION 30610 (d) OF THE CALIFORNIA COASTAL ACT OF 1976 AS AMENDED AND EFFECTIVE 1 JANUARY 1980, NO COASTAL DEVELOPMENT PERMIT IS REQUIRED FOR: Replacement of 93 boat docks adjacent to bulkhead; no change in design, size or configuration; no work on foundations or pilings; no increase in use. YOUR PERMIT APPLICATION NUMBER NSA IS HEREWITH BEING RETURNED. SINCERELY YOURS, SOUTH COAST DISTRICT OFFICE 11 OM 1 , aw � SEW Ppb T . CITY OF NEWPORT BEACH U ` P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 �''c�FORe►�r Marine Department July 17, 1986 Tom Deemer, President Balboa Bay Club 1221 West Coast Highway Newport Beach, CA 92663 Dear Mr. Deemer: The Newport Beach Marine Department has inspected the commercial docks bayward of 1221 West Coast Highway. It is our opinion that the docks are deteriorated and pose a potential hazard to public safety. It would be our recommendation that they be repaired or rebuilt as soon as possible. If you have any further questions in this regard, please call (714) 644-3044. Sincerely, TonyGM Tidelands Administrator TM: la 3300 Newport Boulevard, Newport Beach BALBOA BAY CLUB FLOATING DOCKS A. THE REQUIREMENTS The Contractor shall furnish all tools, equipment, materials and supplies and shall perform all labor and supervision and professional services necessary for demolition, disposal of existing docks, fabrication, assembly and installation of the floating docks as specified herein and as shown on the drawings. B. ON SITE INSPECTION The Bidder shall examine the job site before preparing his proposal to determine that all physical conditions and surroundings are as indicated on the plans. The Owner. and the Engineer shall not be liable for any loss sustained by the Contractor as a result of the Contractors failure to thoroughly inspect the area. C. DEMOLITION & DISPOSAL The Owner will remove all items from the docks, to be salvaged, before the contractor begins his work. Absolutely' nothing shall be allowed to sink to the harbor bottom. Any sunken items relating to the job which are found on the bottom will be removed at the contractors expense. All dump fees will be paid by the contractor. D. DESIGN CRITERIA 1. Sufficient floatation shall be provided to support a live load of 20 lbs. per square foot of deck area, with a freeboard of not less than 10 inches. With no live load, the freeboard shall be between 15 inches. and 18 inches, with a maximum variation of 1". 2. Pontoons shall be located within the structure so as to be capable of supporting a 400 lb. point load moving in any area on a float.without excessive rolling or tilting of the dock. 3. For purposes of calculating dead loads, the unit weight of lumber shall be taken at 35 lbs. per cubic foot. 4. The floating dock system shall be designed to withstand a uniformly distributed wind load of 15 p.s.f. acting on the above water profile of the berthed craft and floating docks. The profile area shall be determined by the following formula: P = (0.15 L 2 ) Where P = Total load in pounds L = Length of slip in feet 5. The dimensions shown on the plans shall be regarded as minimum widths for fingers and headwalks. Dimensions to centerline of fingers may be revised only as necessary for rod alignment. Nominal dimensions on fingers may be exceeded by a maximum of 3". 6. The drawings show typical construction details, however, it still shall be the Contractor's responsibility to supply floating docks of adequate strength and. size to meet all the criteria noted above irrespective of any dimensions, sizes or notations on the drawings.:. 7. Floatation systems consisting of modular sectiohs shall be designed in such a manner that modules may, be readily replaced with standard modules in case. of repairs. Headwalk modules and utility systems shall be designed so that fingers may be placed or. relocated along the headwalk at 6" intervals. 8. Utility, junction and splice boxes in or under the deck shall be code sized and sized as required by the utility company for which they are intended. E. MATERIALS 1. Lumber All lumber used in the construction of the floating dock system shall be No. 1 grade douglas fir or better, provided there are no loose knots or other defects. All lumber to be S4S and shall be picked for appearance. 2. Lumber Treatment All lumber for the construction of the floating docks shall be pressure treated with water -borne salts per -.- AWPA Specification C2-74 to prevent dry rot. (CCA :. .40#/CF retention or equal). No incising bored holes preservative. 3. Plywood on exposed lumber. All to receive a brush coat field cuts and of concentrated. Plywood when used as a deck surface on knees, finger ends, etc., shall be Grade A -B exterior with a medium.. density overlay. Duriply, Harborite or equal. 2 4. 5. go 7. Bumper Stripping Bumper stripping shall be white or off-white, extruded vinyl plastic, ethylene propylene, neoprene or other synthetic rubber, compounded to resist salt water, ozone and sunlight. Bumper shall be non -marking and non -yellowing. Henderson #301, Anco #3004 or equal. Corner Bumpers Corner bumpers shall be #CF 4 x 8 by Newman & Bennetts, Inc., or #4311 by Docker Marine. Bumper Nails All corner bumpers and bumper stripping shall be secured to the fender lumber with la" hot dip galvanized or aluminum roofing nails at 4" O.C. on top and 8" O.C. on the bottom. Galvanized nails to be manufactured by Keystone. Aluminum nails to be #R30 by Phifer Western. Hardware a. All hardware, including bolts, knee frames, nails clip angles, etc., shall be hot dip galvanized after fabrication. b. Galvanized plate washers shall be used with all through rods bearing on wood surfaces. Galvanized cut washers shall be used with all through rods, nuts and bolts bearing on steel surfaces. Use stainless steel spur washer on through rods. C. All steel angles, plates and shapes used for fabrication shall be per ASTM Spec. A-36. All bolts shall be per Spec. A-307. d. All nuts shall be re -tightened immediately before final acceptance. 8. Cleats Cleats shall be hot dip galvanized as manufactured by the Thomas Sales Company or approved equal. All cleats to be tru-bolted whenever possible. 9. Pile Caps Pile caps shall be as manufactured by The Stockland Company or equal. Secure pile cap to pile with a mastic material similar to "Big Stick" as manufactured by U.S. Plywood Corp., or equal. 3 10. Pile Guides All pile guides shall be designed with a minimum of four 3" x 5" white polyolifin or black polyurethane rollers as manufactured by "Linco" or Marina Dock Supply. Any rollers drilled off center will be rejected. 11. Non -Skid Non-skid as required on Knees and Finger ends shall be H.E.C. Marine Gray L-968-15 with 4 pounds of sand/gal. as manufactured by Modern Coating or approved equal. 12. Fire Hose Cabinets Fire hose cabinets shall be as manufactured by the. stockland Company. Color yellow. The Contractor shall furnish for approval by the Owner and the Engineer any alternate material or item which he intends to use in the construction of this project. F. CONCRETE SYSTEMS Pontoons and floats shall be a manufactured product comprised of expanded polystyrene foam cores and a concrete surface. Light weight or standard weight concrete may be used. 1. The minimum compressive strength shall be 3000 psi. at 28 days. Maximum aggregate size shall be 3/8". 2. Pontoons, decks and floats (deck and float in one module) shall be cast in steel forms with smooth'S. true surfaces. Forms shall have a tolerance of not: more than 1/8" from the dimensions shown on the shop-,. drawings. Forms shall be cleaned and oiled before` each casting. 3. Concrete shall be reinforced by the proper placement of appropriate welded wire fabric and reinforcing. rod as shown on the Contractors plans. All reinforcing. rod " and under, and fabric, shall be hot dip.:. galvanized. 4. Concrete shall be placed in forms in such a manner as to prevent any segregation of the concrete mix. and shall be vibrated to insure a dense, smooth finish.: The placement of the concrete shall be such that no cold joint exists in any part of the finished product 5. The float deck surface shall be trowel finished with a steel trowel and a light broom finish applied. The 4 surface shall be sprayed with an acceptable curing compound immediately after finishing. The remainder of the float shall be sprayed immediately after stripping. No admixture using calcium chloride shall be used in the manufacture of concrete folats. 6. The expanded polystyrene foam core shall be placed and held in true position with a permissible tolerance of not more than 1/8" from dimensions shown on the shop drawings. Vibration of the concrete shall be maintained to insure a bond between the foam core and concrete surfaces. a. The polystyrene foam core shall have a unit weight of between .95# and 1.25#/cubic foot. b. The water absorption shall not exceed .10 lbs. pet cubic foot in 48 hours at a 10 -foot head. C. Properties of the foam shall conform to Federal Specification HHI-00575 (FSA -FSS). G. TELEPHONE The Contractor shall provide sleeves, conduits, and splice boxes as required by the telephone company. It shall be the responsibility of the contractor to obtain approval by the telephone company on his method of installation prior to beginning construction. H. UTILITY SLEEVES Utility sleeves shall be either cast into J -boxes with necessary openings or cut by the utility installer in a neat and professional manner so as to have no sharp or jagged edges. 5 �✓jo�yrz.��' 2 z o00 /}G cF 7'f 17.72 z 2-2 yy 4' f '° . 867 Z OF C, H2O' pncK C 77 !/SD /, CO) 3G9 T- / 7� S 2 7, ZS 717 z , x F 2,7 14 = X lie" Z 29 w 2,29 (` 7- /f `f.3� .� �O'= F, z/- 7o©J ADD � /-o-' • 74 2,s �G'o2 row "Y 2-1 Xis . _ T?7"Ta7Z-o1¢-0 PrRMIT NO .- DREDGING APPLICATION ?roject Location: 1221 W. Coast Highway Cubic Yards to be Dredged: 200 Method of Dredging: Rvrirs�nl i n_ .^,nft-i n„ Nature of Dredged Material: sand/ail t Disposition of Dredged Material: pi Z^A1 i TA t7igngport: to beach reclamation aror1 _ Method of Material Disposition: pipeline transport Turbidity Control Method: 1gec3i,t-e di�ac�harce vAl cz�i t� M . =feet of dredging on contiguous bulkheadirg and beaches Reinforce/protect bulkhead -restore -sand to derleted beach I. Mark Sites , hereby state that I have read the U. S. rzny (print name) Corps of Engineers permit =or maintenance dredging in idewport Harbor, _:±e City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit- for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. The Balboa Bay Club v (Applicant -type name) Contractor -type namz) m;10, 1Q85 (Date) Signed: Contractor's Representative C,* rY aw Nkiwoer dr-4cwA C �/S��/•� . 7 ' s. eotA '',/IT Vit!' �qcN �f o L L wdP At ' �M/ . ,'*"• � N� O p'..R, % 0 IwaQeA D ,BBI C ,CE rc.rwa as* Me �.4P.44 . -y D -silos•. 5.0 Jv VICINITY SKETCH I .1 , S C4 b/ Ntwiewr EfgY Cat ��eaK�q y � � �srrr m A SOund/tigs ape axorcrsed /n reef and d nofe 0,01-16A.7 below tileon Lo,vei Low Wofer. iYloxan�s, ronye of fide /D 4,-ef. tlorbar /,;7ei ore es�ob/.'s�Qd I., �s,:s , secfioi of New�orf Bob. r BFRC H ��k•s.4�! s�fe �, � AA' �,P�1J6i/Y6 ABB :. safe,a' 4 4/+ 44 419 AN 413 /Yi All .Me IH As wT wi w! wy -43 y; M Derck NS �/�QNFA,O L//1/F L /G'A.vTS 8Af1tfI.U,6Lor Bc,r, T, -Ac;- // 494CoASX14 Job Aoges ss CoAvnVAC r0,C CITY OF NEV JORT BEACH HARBOR PERMIT eERMISSION IS HEPEGY GRANTED TO CONSTRUCT AND MAINTAIN THE FACELITY SHOWN ON Tiln REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE FROViSIONS OF rHE HARBOR P E:.iM&T �-OLICTVZS CF N. -;, PORT REACH AND ANY SPECEAL CONIVT'IGKS I. wiS u t's. `sE E"xt"v. THIS PERNIn IS NOT TRA? SFE AEEL 01L' ia:.;; 5:CONSENT G• THE CITY HARBOR C00-00iATOR OR CITY C(.'WNCiL. TH RIGNTS GAVEN UNDER T tx:s PCP x:17 d.es : 1}'icPMiSSI`/E ONL: AND THIS PERMIT MAY LE !r RVKED STN4dCiTY COUNCK IN ACCORDANCE WITH TIT ` lOF THCODE. CITY HAIREOR COORDINATOR ..4.`r_ SPECIAL COMMONS: Corps Of Engineers Permit Orange County b' ermrt Other PERMIT ISSUED SUBJECT TO DREDGE MATERIAL BEINtt HAULED TO SEA PLACED ON BEACH --a DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES, CALIFORNIA 90053 SPLCO-N Public Notice No. 76-200 16 November 1976 Date Comments Due: 16 December 1976 YOU ARE INVITED TO COMMENT ON THIS APPLICATION FOR A PERMIT APPLICANT: Balboa Bay Club 1221 W. Coast Highway Newport Beach, California 92660 APPLICANT'S AGENT: Bill Harris (Shellmake Y -7I4-644-0550 ACTIVITY: Under Section 10 of the River and Harbor Act of 1899, under Section 404 of the Federal Water Pollution Control Act, and under Section 103 of the Marine Protection, Research and Sanctuaries Act to perform maintenance dredging of approximately 780 cubic yards of material using a hydraulic suction dredge, from beneath multiple floats at 1221 W. Coast Highway, in Newport Bay, Pacific Ocean, City of Newport Beach, Orange County, California, as shown on the drawings accompanying this notice. The dredged material will be barged and bottom -dumped at approved Environ- mental Protection Agency (EPA) disposal site LA -3, Newport Beach, 250 fathoms, within a 1,000 -yard radius "of Latitude 33°31'42" N, Longitude 117054'48" W. PURPOSE AND USE: To maintain an adequate depth for small craft operating - in the area. FEDERAL, -STATE AND LOCAL AUTHORIZATIONS: Approval has been received from the City of Newport Beach and the Water Quality Control Board. This project is exempt from the Coastal Zone Conservation Commission. ENVIRONMENTAL IMPACT: This office does not intend to prepare an Environmental Impact Statement on this,activity unless significant detrimental effects are brought to our attention. 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) 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. V F U_ 2 2 D S7 ES C '>76 �9� Public Notice No. 76-200 16 November 1976 APPLICANT: Balboa Bay Club 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 maybe 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, 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. Details of changed conditions on the final permit action will be provided upon request. FOR THE -DISTRICT ENGINEER: ROBERT H. REINEN LTC, CE Deputy District Engineer 2 See ATTacl,QJ Rm IL �e� �t�o €s d �refi�es e D-cK i S1TG o. I .,• - •ix- .t Q i..t•y a � r VICr►v1TY SKETCH •,'z.,.^oar 9.cY C•4 if aQ•at/. .cr �: vn�•nry5 • «=+Csted �n %a c/ and or.•�fe =•ralJ.J Geil ,' •11c"? Icr.•. Ca.✓ F.%�r�. h!��:��. rGn p s o r !•-o n� �u c i cn0 it/r /J /:. c i •`_-'y C•c, i /—I e Ore Csic 41:bf•s� oaf� �t, * w s-'4 C w1sf� T�l 11 '6 _ r1k�. t0. L•.nt � � �'� - .� - - - FL -00D dL i•iIGT L O1 ST r' • I �'•ry %.cje �4ndS Qi o� �y 46 8c 4-apeess : -Y. Cc1✓7,CACra.4 SIREI;T 1 OF 2.- tai r- ex I 17, U.U LK IH F—A D AD --iv C-11 j e: F) b c- W. 2,00 Pro r /e - 14 Dock N hk 0 VICINITY SKETCH Ns—pipar 5A -e CAI icon K,AL ism &Al khadw U.S, 13ULKAEAV.. DETAIL -GUEST 4DoCy, Oc, Slope ✓Tort 30-7 tu..,. (Ds - 7 U.S. 5ULV,-4'E,6D ux� A -L lops A pf, 0 /q9 cYo C%T*Y TIDE I -At -40S ram d-1AAe44 Boi t) teaP) I' Lj 6 g�vn Ti, sr - ..4 122-1 W. -,OAST H ISH WAY Co — SHEET 7 OF Z MARINE DEPARTMENT September 13, 1976 TO: MAYOR AND CITY COUNCIL 11112,1� + CID v ev ITEM NO.: FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION NUMBERS 016-101 and 129-1221 BY MARINA DUNES, INC. AND BALBOA BAY CLUB RESPECTIVELY TO PERFORM MAINTENANCE DREDGING. RECOMMENDATION If desired, approve the application subject to the approval of the U. S. Army Corps of Engineers. DISCUSSION These applications are for dredging 445 cubic yards of material at the Marina Dunes and 780 cubic yards of material at the Balboa Bay Club in those specific locations as shown on the attached drawings. Because these applications exceed the 100 cubic yard limit of the "Blanket Permit" the U. S. Army Corps of Engineers must approve separate permits for the dredging. City Council approval is required prior to submittal to the Corps. H-10 (b) There -is no anticipated adverse affect on contiguous bulkheads or beaches. Shellmaker, Inc., the dredging contractor, will minimize turbidity as much as is possible and will barge the dredged material. to the Environmental Protection Agency's designated disposal site, four miles at sea. D: HARSHBARGER, DIRECTOR MARINE DEPARTMENT /4 G1tZEWelden Tidelands Administrator GEW:ts Attachments Y ®F NE�,00�r 6e•4CAV i S ►Te ell J Q 'vI A � C040 p C •�a MK ' i► VICINITY SKETCH i Try Nawioor DAY, CAS ifoaNrA �� I 4 ;yd Sounddngs Oro VA,piCssdrd in riff/ and dI/►OIII dffp O'+ s be/aw M0o07 L o over "rgpn ronyrt of !r'ds oP�r�++t�w�Ot✓�r /ID 1^4r" //wboi /.nes qrt t.:'o�/i'sb�d a+ >�A%s sscf.o.r of Ntw�a./ dor 1 V predginq in 'tV0n ubd►Yl9rov� PEss ! 101 & %R .-oel Itmakf rO-4-rc t-`-7 Cl r Y cF N",oc r dw.4cH d .hi»__ i , L L 4• L L �. V 1 I S�TG j �Feax.��n h ai•rr� W e5T Coa-sT D d J co d I peals Doe K 106 'T� - C_} '� - t s• a See A TTa A e j Pa L� 1)e-rmli f n IS Pr f 1 l e5 - a 11 „ 11 r � _ � A air �ef ire '► 7 �_ Z- C /Kt Nn:,. a s s ra m=.j4c-n o�1 ke �► •SA reit er,q VICINITY SKETCH """X'rr t•,. eu. �Ia�S (� ( i ro t le Ralbog. Nawvoorr DAY/ CAL IFORMI,4 •. B 510und0n1?5 or• rAprCssed /•v ri•f and dr»o/t _ egs e, " •: I P R.1 . V... dvp0,45 be/ow Meor/ Lover Low Wofrr. Mot/w.ur+. C rvii eitInehn ron9r of r:do p Prvx/en0>lr�y /0 ,,,i Horbor /.i�l3 Ore esiob//'sAwdPfis V/A. secflory oi'Ntw,~i dor. C asr W e5T ' Q DOCK /at-eaq;nq ._ esr JAJ Del A �� K =- eaxc\ % :---_-- _ Y MJ.LII„!d d .hi»__ i , L L 4• L L �. V 1 I j W e5T Coa-sT J I peals Doe K 106 'T� - C_} '� - t s• a C- ��a Psi �_Y ' L� - U.S. BN►khead - a 11 „ 11 r � _ � _ 7 �_ Z- Nn:,. a s s ra m=.j4c-n ke e p Cary % iOle �wno�S Ralbog. B _ egs e, " •: I P R.1 . V... o w C rvii eitInehn �/1T6 Q:10 -7 6 Cl r Y of Nww000gr d x.41 Ej,.�kl,eaa 1—A � II d fw � I � 1 , V e QN w •ita•,r *^ •ww '0 C R TQ Iwtpw ��ea� law,vo D d DCTd•� Ly H 2 914 Cr. yarels � 3:1 Slop. r8 yh �-o�lle - N. Do GK Ell q 4 L '41 Y O C w raa ask VICINITY SKETCH iv"r &Fry NdwPOAr On Y, CA& jioaN1A y� i�rrr Sound,fngs ore •.rarerssd J-17 l••/ and denote d p014+a be/ow 01'Fe0#7 Lorvr Low W 0e0l. M,0&&,Miaw ronpr o/ lids op/0-twui A 1%01( •Hcwbor- 4;10s Ora VA:s s Dior ofNewawrf dor. ` •r s �v .1. � h G d � � \,,ee ar 1 Slope pro.; i /e • Aues•r ,Nock - 307 6,%lis I I -- c llne- A DocK I I 1 1 �I II 1416+ a 9" 801 Drdir E� M,tt.►J 3:1 rp p• ro f i le A Doc -k. P?9 Ca. S6 COUNCILMEN 0^1 1 /`AI I � -1 �� �1It s 12 A k CITY JF NEWPORT BEACH, MINUTES IL. --- 8. L.- - 8. STAFF AND COMMISSION REPORTS: (a) Removed from Consent Calendar. 9. The following matters were set for public hearing: On September 27, 1976: (a) A letter from the Yellow Cab Company of Newport Taxicabs & Costa Mesa, Inc. requesting an increase in taxicab rates in the City of Newport Beach. (Exhibit) On October 12, 1976: (b) ALLEY IMPROVEMENT IN BLOCK 5, EAST NEWPORT - Alley Impr/ (portions of alley in block bounded by Balboa Blk 5 Boulevard, 8th Street, Bay Avenue, and 7th E Npt Street) to hear protests from anyone who does not desire to have the unimproved portion of said alley paved under the procedures of Chapter 27 of the Improvement Act of 1911. (Report from the Public Works Director) (c) ALLEY IMPROVEMENT IN BLOCK A, EAST NEWPORT - Alley Impr/ (alley in two City blocks bounded by Lindo Blk A Avenue, Edgewater Avenue, Anade Avenue and Bay E Npt Avenue) to hear protests from anyone who does not desire to have the alley paved under the procedures of Chapter 27 of the Improvement Act of 1911. 10. The work on the traffic signal at Bristol Street and Traffic Birch Street, and modification of the traffic signal Signal at Bristol Street and Irvine Avenue -Campus Drive, Contract 1702,was accepted; liquidated damages in the amount of $2,500 were assessed; and the City Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after the Notice of Comple- tion has been filed. (Report from the Public Works Director) 11. The following harbor permit applications were ap- Harbor 1 proved, subject to the conditions recommended by the Permits U. S. Corps of Engineers: (a) Removed from the Consent Calendar. (b) Applications #016-101 and 129-1221 of Marina Dunes Inc. and the Balboa Bay Club for mainten- ance dredging and hauling to sea 445 cubic yards and 780 cubic yards of material respectively from beneath slips within their marinas. (Report from the Marine Department) Qn,` 12. The following maintenance dredging harbor permit ; Harbor applications were approved subject to.the conditions t Permits of approval under the blanket maintenance permit r{ issued by the Corps of Engineers: #110-1314, Louis Hohn,, 1304 E. Balboa Boulevard; #135-121, William Hadly, 121 Harbor Island Road; #144-23., Richard Nabers, #23 Harbor Island. #258-305, Peter Vail, 305 South Bay Front. (Report from the Marine Department) Volume 30 - Page 223 Nu "T I< cgtiFo��'�r September 9, 1976 CITY OF .NEWPORT BEACH CALIFORNIA 92660 City Nall 3300 Newport Blvd. (714)673-2110 Balboa Bay Club 1221 West Coast Highway Newport Beach, CA 92660 Attention: Mr. Richard Stevens Dear Sir: Recently, Shellmaker, Inc., on behalf of the Bay Club, applied to the City for a permit to maintenance dredge beneath certain portions of the Bay Club boat slips. In the process of reviewing the application, I made a field inspect - tion of the site and discussed the dredging with the Bay Club Dockmaster. This inspection revealed that a section of the bulkhead westerly of the swimming beach in experiencing a loss of fill material from behind the bulkhead. Additionally, the bulkhead is leaning bayward indicating a possible weakening or loss of support normally provided by "deadmen" anchors and connecting rods. This situation, if allowed to continue, could result in property damage to your premises and/or a safety hazard should the bulkhead collapse. In accordance with the City Harbor Permit Policies, remedial action should be initiated by the Bay Club to prevent further.deterioration of this section of the bulkhead. I will be happy to provide assistance in processing the necessary permits for whatever maintenance repairs are required. Should you desire I will be glad to meet with you or your representative to discuss this matter further. Sincerely, D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT AeZnEWelGlden Tidelands Administrator GEW:II PERMIT NO. `a Cl— /;,,;/ DREDGING APPLICATION Project Location: 1221 W. Coast Hwy Cubic Yards to be Dredged: 909 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Haul to sea and dump at Latitude 33°31142"N, Longitude 117°54'48"W Method of Material Disposition: Barge to sea Turbidity Control Method: Material to be contained in Dump Barge at dredge site Effect of dredging on contiguous bulkheading and beaches None I, Wm. L Harris , hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. Balboa Bay Club Shellmaker, Inc. (Applicant -type name Contractor -type name) 8/20/76 (Date) Signed:WJ1q-_-, �, 9", Contractor's Representative CITY OF NEWPORT BEACH CALIFORNIA m" City Hall DEPARTMENT OF COMMUNITY DEVELOPMENT 8300 Newport Blvd.(714) 673-2110 January 13, 1972 Black, Pagliuso, Kikuchi and 0"Dowd 640 Silver Spur Rbad Palos Verdes, California 90274 SUBJECT: GRADING PLANCHECK BALB.OA BAY CLUB- POOLSIDE. TRANSIENTS UNITS Dear Sir: The following items must be cleared prior to the approval and issuance of a grading permit: 1. Provide a plot plan of the entire area showing how drainage is to be handled for this new building. Coordinate this drainage with existing drainage plan. 2. It appears that when you excavate for the subterranean garage that ground water could be encountered, therefore, pumping during construction will be required to remove this water. Any water discharged into the Bay must be approved by the Harbor and Tide- lands Administrator, Mr. George Dawes. His telephone number.is.714-673-2110, extension 218. You are advised to take care of this ahead of time so that no problems will arise during construction. Very truly yours, E. L. CICH, upervisor Building Inspection ELC:rw xc: G. Dawes L, V CHECK LIST FOR APPLICATION NO. 76-200 (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. 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: Need approval from Santa Ana Regional Water Quality Control Board -07 /1'� Copy of City approval — Letter from applicant authorizing Shellmaker to act as their agent. ie - another shows 780 c y W at kind of dredging? 7 y /Lza c- 0 u, %D LICENSE AGREEMENT FOR TEMPORARY DOCKAGE AND LOADING Balboa Bay Club (herein "BBC") provides wharfs, docks and floats for the convenience of its members who have entered into moorage and storage agreements, and may at its option from time to time allow temporary docking of vessels for the purpose of loading and unloading guests and passengers pursuant to the terms of this License Agreement. The undersigned owner, captain, or charterer (hereinafter collectively called "Skipper") of the vessel (hereinafter called "Vessel") applies for temporary dockage of said Vessel for the purpose of loading or unloading ( uests), (passengers) or (supplies) (circle where applicable) on the following date: , between and hours for a continuous period of no more than Hours, Minutes, subject to the following: 1. Vessel shall/need not (circle appropriate) be attended by sufficient competent crew to move the vessel on instructions from dockmaster. In any case, Skipper agrees -to move the said Vessel upon instructions to do so from dockmaster. If Vessel is left unattended or if it is not promptly moved upon request by dockmaster to do so, either by Skipper or other crew members on board, Skipper hereby authorizes dockmaster to move the vessel either under its own power or by tow vessel or otherwise, to such other location, either at the premises of the BBC docks or elsewhere, as dockmaster, in his discretion, determines to be appropriate, at the sole cost, expense and risk of the Vessel owner and the Skipper. A lien against the vessel is hereby granted to BBC for all fees, costs, charges or expenses which may be due or become due under or by reason of any or all of the provisions of this agreement. The said lien shall be governed by, and grant to BBC all the rights and privileges provided under Sections 500 and following of the Harbors and Navigation Code. 2. Skipper acknowledges that pursuant to a Lease Agreement between the BBC and City of Newport Beach (herein "the City"), BBC is obligated and required to report to the City of Newport Beach Auditor's office all revenues earned by. any persons whomsoever using the lease facilities of the BBC, including the demised water area of Newport Harbor contained within the lease, to pay the city percentage rentals thereon, and that a failure by any party to report to BBC any financial arrangement involving the use of its premises might result in a breach of said lease agreement with the City and cause great and substantial damages to the BBC, including, but not limited to, the cost of audit fees, attorneys fees and additional lease payments and penalties, and Skipper agrees that he will report all such revenues to BBC in this agreement or an attachment hereto. 3. Skipper certifies that there will be number of persons boarding or unboarding the Vessel at BBC's docks. 4. Skipper certifies that (initial where applicable): a) All of the persons boarding are personal guests, and no fee or remuneration is being charged or paid to the Vessel's owner, charterer or captain, for the use or charter of said Vessel on the above -referenced date except as follows (list and describe here all exceptions): b) persons are paying passengers, and the fare for each is $ c) The Vessel is being chartered for a total charter fee of $ 5 Skipper further certifies that no commercial vendors, caterers or suppliers will deliver or recover any goods, supplies, food stuffs, or other produce to or from the Vessel while docked at the BBC facilities. List and describe all exceptions to above - 2 - statement including VALUES of items listed and consideration paid. 6. The undersigned Skipper on behalf of himself, the Vessel and its owner hereby agrees to release, indemnify, defend and hold harmless the City and BBC, its officers, agents, employees, affiliates, insurers, and members from and against any loss, damage, liability, cause of action or claim (whether well-founded or not), costs, and attorneys fees, arising out of or in any way connected with the use of the BBC docks, wharfs, floats, parking areas, grounds and other premises and facilities by the undersigned Skipper, the Vessel and all its guests, passengers, purveyors, vendors, crew and other service personnel. 7. The undersigned agrees to pay to BBC a dockage and access fee as follows: Passengers at $ per guest Passengers at $ per paying passenger Guests at $ per guest Loading of Supplies % of the value of supplies listed for an aggregate of % of the charter fee for said vessel for an aggregate of TOTAL CONSIDERATION 8. The undersigned Skipper declares under penalty of perjury that he has read and understands the foregoing, acknowledges a receipt of a completed copy hereof, and certifies that all other - 3 - information contained herein is complete, true and correct. Signed at Newport Beach, California, on 19 . APPROVED: "BBC" Balboa Bay Club By Dockmaster (signature) (print name) (address) (phone) - 4 - THE BALBOA BAY CLUB 1221 NEST COAST HIGHWAY NEWPORT BEACH, CALIFORNIA 92663 VESSEL MOORING LICENSE THIS AGREEMENT is made effective the day of , 19 , by and between THE BALBOA BAY CLUB (hereinafter called "Club") and (hereinafter called "Member"). Club is in the business of operating a private club known as The Balboa Bay Club, located at Newport Beach, California, at which Club maintains moorage and storage facilities for privately owned Pleasure boats and yachts. Such facilities are available only for the use of members of the Club and their guests, and Club is not a public wharfinger. Member desires to procure space for the moorage of the following described boat or vessel (hereinafter called the "Vessel"). 1. MOORING ASSIGNMENT AND FEES. A. Mooring: Space No. B. Term: Month to Month commencing on the day of 19 C. Mooring Fees: Dollars ($ ) per month. D. Fee Due Date: The (`) day of each calendar ,month. E. Security Deposit: Dollars 2. VESSEL DESCRIPTION. Vessel Name: CF/Doc No.: Builder: Type: Total Length: (Including bowsprit, pulpit, boarding step, etc.) Beam: Draft: Insurance Carrier Agent: Insurance Policy/No.: Member agrees to give Club written notice of any change in the insurance, including amounts or terms of coverage, Insurance Carrier, Insurance Agent, or Insurance Policy Number, within five (5) days after the occurrence of any such change. Also, see requirements of paragraph 7 below. 3 . OWNER. CLUB NO. Name: Residence Address(es): Business Address( -es): Phone:. Residence: Business: Emergency: Boat: Skipper's Name: Home Ph.#. Legal Owner (Such a ­sbanK, corporation, lienho der or other name appearing on evidence of title.): Name: Address: Member agrees to give Club written notice of any changes in the above information within five (5) days after the occurrence of any such change. NOW,. THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties agree as follows.:, 4. License to Use Space, and Fees. Club hereby grants Member a non-exclusive license to use a Mooring Space or storage space (the "Space") at the Club's docks for the mooring of Member's Vessel described above, and none other. This right to use is only a license and is not a lease of property, and it is terminable at any time by the Club. This license does not create a bailment, and Club has no duties of care with respect to the Vessel. Use of a Mooring Space is solely and completely at the risk of the Member. This license is for the use of a single mooring space assigned by the Club, which assignment may be changed by the Club at any time and from time to time. This license is personal to the Member, and Member may not assign this license or any rights hereunder to any other person or entity. As consideration for the use of the Space, subject to Club's right to increase the rates charged for the use of the Space at any time and from time to time upon written notice to Member, Member agrees to pay to Club the sum of $ per month payable in advance on or before the first day of each month at the office of the Club. In addition, Member agrees to pay and discharge any and all excise or other taxes that may be excised or levied by any governmental agency in connection with the use of the Space as herein provided. Member will provide notification in advance when the Space - 2 - will. -be vacant and the dates of vacancy, and provided that Club finds an alternate use for the Space during all or a portion of the time the Space is vacant, Club agrees to credit to the Member's account percent of the use fees received by Club during the period when the Space is used by another. If s•uc-h alternate use is not by a member of the Club, an additional guest fee may be charged, and the full amount of such guest fee shall be payable and retained by the Club. 5. Security Deposit. Member shall pay to Club the amount of the Security Deposit set forth above. Club may, at its option, claim from the security deposit such amounts as are reasonably necessary to remedy Member's defaults in obligations under this Agreement, including without limitation defaults in the payment of mooring fees and other charges, to repair damages to the Mooring or the Marina caused by Member, the Vessel, or Member's guests, or invitees, exclusive of normal wear and tear, or to clean such Mooring, if necessary, upon termination of this Agreement. In the event this security deposit or any portion thereof shall be applied as provided herein, Member agrees to deposit with Club within ten (10) days after written demand from Club an amount sufficient to restore said security deposit to its original amount and failure to do so shall constitute a breach of this Agreement. Club shall have the right to commingle the security deposit with other funds of Club. Upon termination of this Agreement, Club shall apply the Security Depsoit to the unpaid portion of any of Member's obligations hereunder and shall return any remaining portion of such security without interest to the Member. 6. Covenants by Member. Member agrees that: (a) At all times that the Vessel is or may be in the Space pursuant to this Agreement it shall be used solely for pleasure and shall not be used in any commercial activity or undertaking,unless written authorization is obtained from the Club. Member acknowledges that pursuant to a Lease Agreement between the Club and City of Newport Beach (herein "the City"), the Club is obligated and required to report to the City of Newport Beach Auditor's office all revenues earned by any persons whomsoever using the facilities of the BBC, including the demised water area of Newport Harbor contained within the lease, to pay the City percentage rentals thereon, and that a failure by any party to report to Club any financial arrangement involving the use of its premises might result in a breach of said lease agreement with the City and cause great and substantial damages to the Club, including, but not limited to, the cost of audit fees, attorneys fees and additional lease payments and penalties. Such revenues include but are not limited to rental of or chartering the Vessel, charging a fare to passengers, charging passengers for goods or services, or having third parties provide or deliver or recover goods or services (such as commercial - 3 - vendors, caterers or suppliers of any goods or products, supplies, food stuffs, or other items, even though hired by Member and without charge to a passenger). SCO{ In the event Club is asked to give a written authorization ri to .Member for _a-ny such commercial use or activity, Member �-° ��M shall first supply Club with a prior written request and O � certificate, and Club shall have the sole discretion to grant C or deny any such request in whole or in part and whether the exercise of such discretion is considered reasonable or not. (b) Member will not store or leave and will not permit the (J't storage or leaving of any gear, equipment, dinghies, materials or property of any nature on floats, landings or other premises of Club, other than the moorage or storage of the Vessel in the space. (c) Member will comply with all applicable rules, regulations and instructions of the United States Coast Guard, the local Harbor authorities, the Club, including posted regulations, or the Dockmaster or other officials or representatives of the Club, and will maintain the Vessel in proper and safe conditions while it is in the Space, or otherwise about the premises of the Club. (d) Club and its officers, agents and employees shall not be obligated to furnish or be responsible for tie ropes, bumpers, fenders or other gear used in berthing the Vessel, and the same shall be the sole responsibility of the Member. (e) In case of emergency, Club may in its discretion, move the Vessel from the Space to any other place, and neither Club, nor its parent corporation, nor any of their officers, directors, agents and employees shall have any liability to Member or to any other person for any loss or damage resulting from any such movement of the Vessel or from any failure to so move the Vessel, whether occuring by negligence or otherwise, and Member waives any rights against Club, its parent corporation, and their officers, directors, agents and employees by reason thereof. ( f ) Member agrees not to have any heavy work done to the Vessel in the Space and to move the Vessel to a boatyard for heavy work and repairs. Minor maintenance involving use of paints or light sanding, etc., must remain (or be contained) aboard Vessel. Any accidental spill must be reported immediately and will be Member's responsibility. Prior approval is needed from the Dockmaster for any maintenance to be done to the Vessel in Space. (g) Securing Vessel. At all times during which the Vessel is berthed at the Mooring, Member shall cause it to be safely and properly secured to its mooring in a manner acceptable to Club. If Club deems it necessary to resecure the Vessel for any reason, Vessel Owner agrees to pay Club a reasonable - 4 - service charge for doing so plus the cost of all materials used therefor. However, Club has no responsibility for the safety of the Vessel and will not be liable for fire, theft or any damage to said Vessel, its equipment, or any property in or on said Vessel by reason of club's decision either to resecure said Vessel or to not resecure said Vessel. (h) Guests. Member agrees that all guests and hired personnel will conform their activities to the requirements Of this Agreement, and Member agrees to be liable for, and to Indemnify and hold Club harmless from, any damages or injury caused by any such guest or hired personnel while in the Marina. Club reserves the right to regulate the entry into the Club by yachtbrokers and yacht service personnel. Club may ascertain that third parties aboard the Vessel are authorized by Member to be aboard. (i) Change of Mooring. The Club reserves the right to move or require Member to move the Vessel from the Mooring to another mooring within the Marina at any time for any reason whatsoever, and Member hereby grants the Club permission to board the Vessel for said purpose. Neither Club nor any of its officers, directors, agents or employees shall have any liability to Member or to any other person for any loss or damage resulting from any such movement of the Vessel or from any failure to move the Vessel, whether occuring by negligence or otherwise, and Member waives any rights against Club, its parent corporation, and their respective officers, directors, agents and employees by reason thereof. (j) Regulations. .Member agrees to use the Mooring and Marina in accordance with Club's Rules and Regulations, a current copy of which Member has received and which, by this reference, is made a part hereof. Club reserves the right to modify its Rules and Regulations from time to time. Member further agrees not to violate any law, ordinance, rule or regulations of any governmental authority with respect to the Mooring or Marina. (k) Pump -Out Services. At all times during which the Vessel is berthed at the Mooring and should take on water, if Club deems it necessary to pump -out water for any reason, Vessel owner agrees to pay the Club a reasonable service charge for doing so plus the cost of all materials used therefor. Neither Club nor its parent corporation, nor their respective Officers, directors, agents or employees shall have any liability to Member or to any other person for any loss or damage resulting from boarding the Vessel or for pump -out services or from any failure to board and pump -out, whether occuring by negligence or otherwise, and Member waives any rights aganst Club and its parent corporation, and their respective officers, directors, agents and employees by reason.thereof. (1) Member agrees that the use of the Space is at the sole - 5 - risk of Member. The Member represents that he has made an inspection of the Space and other spaces, slips, floats, docks, Mooring, walks, gangways, ramps, Marina facilities, equipment, roofs, building, premises and other property Club or under control of Club, and that all Ofsuch items are in satisfactory condition and not defective. Member agrees to notify the Club in writing of any defect or unsafe condition observed by Member after the date hereof. Member agrees that Club has ,made no warranties or representations, and that there are no warranties or reresentations either express or implied, regarding the present or future condition, nature, suitability or fitness of the Space or any other spaces, slips, floats, docks, mooring, walks, gangways, ramps, marina facilities, equipment, roads, buildings, premises and other property of Club or under control of Club. Member assumes all risk of injury, death, damage or injury to property, to Member and Member's family, guests, invitees and employees, and their property, however caused, and whether occuring on the Vessel or by or on property belonging to Club or under control of Club, whether any such injury, death, damage or injury to property is alleged to have arisen in whole or in part from the primary or secondary, or active or passive, negligence of the Club or its officers, directors, agents or employees, or by reason of any condition of property belonging to Club or under Club's control. Member agrees to supervise and be responsible for the actions, inaction, fault and negligence of Member's family, guests, invitees and employees. (m) Member hereby appoints the Skipper identified above as the Member's agent and attorney-in-fact, to represent the Member in all matters concerning or affecting this Agreement or the Vessel, and to do all things and take all actions, including entering into further agreements with the Club, or modifying or changing this Agreement, which the Member could do or take regarding this Agreement or the Vessel, and the actions of the Skipper under the authority granted hereby shall be fully binding upon the Member. 7. Insurance. Vessel Owner agrees to secure and maintain during the term of this agreement a policy of complete Marine Insurance including Protection and Indemnity Liability with limits of not less than Five Hundred Thousand Dollars ($500,000) per occurence, naming The Balboa Bay Club, its Parent corporation, their officers, directers, employees and agents as Additional Named Insureds, with waiver of subrogation with respect to The Balboa Bay Club. Vessel Owner is required to carry "Hull" insurance on the Vessel, amount to be determined by Vessel Owner. 8. Assignment and Subletting. Member shall not sublet or assign the Space. 9. Expenses. Member agrees to reimburse Club for any and all - 6 - costs and ex penses Club in connection with e forcing an o, _ (including attorney's fees) incurred b Pursuant to this agreement, y f the rights of Club hereunder, In addition to other Obligations Member agrees to pay to Club the cost Of ny wor necessary to repair or re the Marina, or Club facilities any damage to the Mooring, Member caused by the Vessel the b r s guests or invitees, including g clean up and loss of use 10. Termination. (a) This Agreement Party upon not less thaythirtbe terminated at any time Y (30) days written notice. by lther automatically Agreement shall, at the sole Option sells and immediately terminate at su such me as ember interest in the or otherwise wi se transfers any or all of its such transfer is any other part voluntary or involuntary, whether or not law, under legal process or y, by operation of bankruptcy or otherwise. proceedings, by receivershi P, in (c) If Member fails to and promises as set forth Perform any of the terms its option this Agreement conditions without waiving any other remedies it at immediately terminate this Agreement upon written Y have, ten notice to (d) Upon termination of this immediately remove the Vessel Agreement, Member shall remove all other of its from the Mooring # from the Marina, Should Club is personal property if an and shall Personal necessary to move yVessel and Member failsProperty, it will be at remove the Vessselthe withinptwos expense. If after termination of this Agreement calendar days may (but is not required to ' Member agrees that Club ( together with all ) cause the Vessel to be removed thereabout) to a mooring dr property located thereon or at any place in Los g Y dock location of Club's choice and Member shall Angeles, Orange or San Diego Counties, incurred or charged ab and/or reimburse to thereof. Y Club and an Club all costs and their Officers, sgrees that Club Y third party by reason directors ' its Parent corporation, have no liabilityagents and loss or to Member or to employees shall damage resulting M any other person for any failure to remove such Vessel m any such removal of Vessel or or otherwise, and Member waivesan er °ccuring by negligence Persons and entities by reason thereofrights against all such (e) If Member ceases to be a Perform Member of the Club or fails to Performed by °f the terms, covenants or by Member, Club may, in addition conditions without waiving any remedies itmay have, immediat Agreement. el y terminate this 7 _ (f) if Club shall decide to alter, remodel, repair, refurbish or reconstruct (collectively, "alteration") any part of its moorage or storage facilities and, in the sole judgment of the Club, the continued occupancy of the Space by the Vessel pursuant to this Agreement will in any way interfere with any such proposed alteration, Club may terminate this Agreement by giving written notice to Member, which notice shall specify the effective date of such termination. (g) If Club shall sell or otherwise dispose of all or a substantial part of the premises of the Club, Club may terminate this Agreement by giving written notice to Member, which notice shall specify the effective date of such termination. (h) This Agreement shall automatically terminate upon substantial damage to or destruction of the above referenced moorage space. (i) This Agreement shall automatically terminate in the event Member discharges, or causes or suffers to be discharged, any trash, litter, sewage or other form of Pollutant from Member's Vessel into the waters of Newport Harbor in or adjacent to the Club's moorage facilities. 11. Limitation on Club's Liability, and Indemnity. (a) Injury, Loss or Damage. Member agrees that Club, its parent corporation, their respective directors, officers, employees and agents shall not be liable for any injury, including death, to Member or to any person caused by or related to the Mooring or the Marina or arising from any accident or fire or casualty thereon or from any other cause whatsoever, including negligence; nor shall Club, its parent corporation, and their respective directors, officers, employees and agents be liable for any loss of or damage to any property belonging to Member, or Member's guests and invitees, located in the Mooring or other facilities under the control of Club, caused by or related to the Mooring Or the Marina or arising from any accident or fire or casualty thereon or from any other cause whatsoever, including negligence. (b) Other Limitations. Member agrees that Club shall not be liable for, and this Agreement shall not be terminated by, any interruption or interference with accommodations due Vessel or Owner caused by strike, riot, orders or acts of public authorities, acts of other vessel owners, accident, the making of necessary repairs to the Club's marina, or any other cause beyond Club's reasonable control, including economic hardship. (c) Indemnity. Member agrees to defend, indemnify and hold harmless the Club, its parent corporation, and their officers, directors, agents and employees free and harmless from any and all loss, liability, injury or damage (including attorneys fees and costs to investigate and defend): i) arising out of or caused by a breach or default by Member of any of the Member's obligations under this Agreement; ii) arising out of or caused by or related to any action, or inaction, fault or negligence by Member or Member's guests or invitees; iii) arising out of or caused by or related to the exercise of any rights under this Agreement by Club, or its officers, directors, agents or employees, icluding without limitation rights under paragraph 6(e), (g), (i), (k), 10(d); and iv) any risk Member has assumed under paragraph 6(1); and in any of such cases, whether such loss, liability, injury or damage is suffered or incurred as an obligatoin to Owner, Owner's guests or invitees, or to their property, or to the persons or property of third parties including other Club members, vessels, guests, and agents or employees of the Club, and whether the liability, loss, damage or injury arises in whole or in part from the primary or secondary, or active or passive, neglience of the parties or persons to be indemnified hereunder. 12. Remedies. (a) Possessory Lien. By execution of this Agreement, Member acknowledges that pursuant to Harbors and Navigation Code Sections 500-509, inclusive entitled "Boaters Lien Law" and by the terms of this Agreement, Club shall have a lien on Vessel for money which may become due under this Agreement. (b) No Waiver. The exercise or failure to exercise or delay or forebearance in exercising any remedy for any breach hereof shall not be deemed as a waiver of Club's rights unless set forth in writing. (c) Attorney's Fees. In the event either Club or Member shall bring any action in connection herewith, the party prevailing therein shall be entitled to recover as part of such action reasonable attorney's fees and court costs. (d) Any and all of Club's rights and remedies, provided for herein or provided for in law or equity, shall be cumulative and not limited, and the exercise of a right or remedy by Club shall not constitute a waiver by, or estoppel against, Club exercising any other right or remedy on a cumulative basis. - 9 - 13. Notices, Demands, and Requests. All notices, demands and requests which may be or are required to be given pursuant to the provisions of this Agreeent may be delivered in person,or sent by United States first class mail, postage prepaid, and certified or registered, as follows: (1)If to Club, to the Authorized Aanager of the Marina at its designated address or to such other persons or to such other address as Club may hereafter designate by written notice. (2) If to Member, at the residence and/or business addresses set forth herein or to such other address as Member may hereafter designate by written notice. 14. This Agreement shall be binding upon and shall inure to the benefit of the parties permitted successors, assigns, heirs and representations. 15. The rights and obligations of the parties hereunder shall survive the termination of this Agreement, except as to Member's right to use a Space and Club's right to receive fees for future Space use following such termination. 16. This Agreement contains the entire and complete agreement and understanding of the parties hereto and there are no other agreements, understandings, representative, warranties or conditions except as stated herein, whether oral or written. This Agreement is the final agreement of the parties as set forth herein and supercedes all prior agreements, understandings, representations, warranties and conditions between the parties relating to the subject matter hereof. 17. If any portion of this Agreement is determined to be invalid or unenforceable as a matter of law, such invalidity or unenforceability shall be limited to such portion and shall not affect any other portion or provision hereof, which shall be given the fullest effect permittted by law. 18. Any controversy arising between the parties hereto shall be determined by arbitration as provided in the Code of Civil Procedure of California. If the parties agree, the matter shall be determined by one arbitrator; if they do not agree, each shall select one arbitrator and the two so selected shall select a third arbitrator. The decision of a majority of the arbitrators shall be final. VESSEL OWNER REPRESENTS AND WARRANTS THAT ALL STATEMENTS HEREIN ARE FULL, TRUE AND CORRECT. VESSEL OWNER ACKNOWLEDGES THAT THE CLUB HAS FULLY RELIED UPON THESE STATEMENTS IN EXECUTING THIS AGREEMENT. - 10 - IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first aoove written. THE BALBOA dAY CLUB By: MEMBER(S): Date: I have received a copy of Club's Rules and Regulations which bear the revision date. Dated: MEMBER(S) BALBOA BAY CLUB APPLICATION FOR AUTHORITY FOR COMMERCIAL USE OF VESSEL The undersigned desires to use the Vessel described below for a commercial use in accordance with the terms of the Vessel Mooring License for such Vessel and hereby certifies: 1. Mooring Space No. Vessel Name: Vessel CF/Doc. No.: Member's Name: Member's Club No.: Skipper's Name: 2. USE APPLIED FOR. Date of Proposed Use: Time of Proposed Use: Number of Guests/Passengers: Description of Commercial Use of Activity: 3. Skipper certifies that there will be number of persons ooarding or unboarding the Vessel at BBC's docks. 4. Skipper/Member certifies that (initial where applicable): a) All --of the persons ooarding are personal guests, and no fee or remuneration is being charged or paid to the Vessel's owner, charterer or captain, for the use or charter of said Vessel on the above -referenced date except as follows (list and describe here all exceptions): b) persons are paying passengers, and the mare for each is $ c) The Vessel is being chartered for a total charter fee of $ 5. Skipper/Member further certifies that no commercial vendors, caterers or suppliers will deliver or recover any goods, supplies, food stuffs, or other produce to or from the Vessel while docked at the BBC facilities. List and describe all exceptions to above statement including VALUES of items listed and consideration paid. 6. The Skipper/Member agrees to pay to BBC a fee as follows: Passengers at $ per guest $ Passengers at $ per paying passenger $ Guests at $ per guest $ Loading of Supplies $ % of the value of supplies listed for an aggregate of $ - 2 - % of the charter fee for said vessel for an aggregate of S TOTAL CONSIDERATION 7. The undersigned declares under penalty of perjury that he has read and understands the foregoing, acknowledges a receipt of a completed copy hereof, and certifies that all information given above is true, complete and correct. All terms of the Vessel Mooring License for the Vessel are incorporated herein by this reference. Dated: Skipper Member (Signature) (Print Name) - 3 - AUTHORIZATION rhe Balboa Bay Club ("BBC") hereby grants Member the authorization to use the Vessel for the commercial activity stated above, for the consideration stated above, on the condition that this authorization may be revoked by the BBC at any time, prior to or during the Date and Time for such commercial activity, for any reason in BBC's sole discretion and without regard to whether the exercise of such discretion is reasonable or not, and the BBC shall not be liable to Member, Skipper, passengers, guests, or any other persons by reason of any such termination, for any alleged loss, injury, damage or liability arising therefrom. Dated: BALBOA BAY CLUB By: - 4 - Cl T Y me N",,00 r dr -4 STG 1.9 Igo _ p V co 0 rti ` 4 See A TTa c �, g R. •e, 140 CW Q 0 .wa�ow p r De -r a.1i Is Prof 1 es at •t•' �`- ' 0 CI - • Ra was VICINITY SKETCH (( Ntwoowr 6AY Cqt IioaNlA yf � � i�rrr eu. ��Oj (� (�ro t Ie Soursd""'Ps ore •.4,oicrsed in jte$' ono' ddpnoie dep Ih s be/ow Meo.v Lower Low Wo%r. Moti wuwlr rony� of /.'de o �rvxiMoydy /o hdpvf Harbor /,ides qre ea�ob/i'sheo�i a. �ti:s sec/.op 00r vew,~1 dor. I :1 Doe. Kr D A 1 i Ili�i•i� , 1 1 I {?4 II � � r�i II p a II 4 i' 4 �t It I II II ili Ij _ -Sce o i a G'TY 'ai 14'oHwy,C !7m MA 6.11M IrvA'rE 1= 20 -7 6 wesr Coes Doe K � � 11 ` sa ft II s - 1 �� -� � � or-( 1� -a t �• CC -7 rY; as -Sce o i a G'TY 'ai 14'oHwy,C !7m MA 6.11M IrvA'rE 1= 20 -7 6 CIT . y - OF NEWPORT REACH HARBOR PERMIT PERMISSION IS C_Rfl.!jTLZ.D To CGN.STRUCT AND MAINTAIN TME FACkLaT� 'r:vg, PEOF, AT THE SI'M HND'tVJ','ME0, THE HAIMOR Pri-M".2,T 0LV'Z:2."','� t"MhKF ANY SPEC."AL J Is Ploy I 71A�1.1;1_ V14 6 THE M OR RlGH7,'.', AND THIS PERT.&IT B -Z IN ACCORDANCE WITH Til r Y MAREOR COORDlikKATOR 'IO2 9—/4wz,0 , PERMIT NO. DATE SPECIAL 00NDITIGN& COrPs Of Engineers Permit/ - / f- 77 Grange County Permit Other: AUTHORiZED By CITY COUNCIL Y OF /VF*P' OPT 4004C - - B.Ik1,ePd I -A 1` IJ eTd�l' H DOIK 2 Qy C.. yards •: 1 SJo � �A A" T�ro}I ; le - N ,Dec1C • e M,L.�.w. mipOfj I C+7 O `f � N t 0 Nww,.oar *r TO 0 •w:eew D - � CKs y O• ,a. r.•e I f�9 ti ► VICINITY SKETCH w..'arrrr a s•,. N,wiowr bnY CU la'oar4j,% t Jerry i A. Y� r SoundrngS car• ew,arersed 07 liel ond' denols 0ep01*5 be/ow 4100#7 Lorver Low Wb>rir. Mora.wwv range o/ rr'dc Op/raxr.w0>✓ A 1%61( Harbor /.ices are eaiob/�'s�+eal i:a ><A:s ofA1wwd 1 Bohr. d 1 � Qerrxc� _ G'a.esr DocK roe 3r� Slope y� II pro.; i le Quest ,(Jock - 307 T7--✓•D ra;r � nal I I I _ ` l N 1 11 .S. BI..IICI,an.d �erar. 1 i A D40C 11 II F� I6+}E- Drt i n E� 3:1 s►ar>. Prof; le . A bock /19 Ck. Sl CITY OF NEWPORT BEACH HARBOR PERMIT PERMISSUON IS , " n TC- C-DUSTRUCT AM MAINTAIN THE FA4;iL2Y'i tZt-,', CU`i THRZ-V. �ir-ZPEOF, AT THE Sg-;C Yi7^r ?--,V,!&',0Ns W THE HARBOR PE,;rlJT BEACH AW ANY SPEC'JAL 'D PERNW- IS NOT TRAINSFE'RASL THE C-,'IY V.,p&"?ZCoA 04 V�n.y -t-Uw4: 'U.- TH RIGHI-ia G'--VIEUV Ur-_,'e£.t7 jjjj' �j AND THV0 FERMff MAY U"' KLVOyi=.:D D'y THt5 C"TY Cou'W',tt IN ACCORVANCE WITH TAITLE 1 per .17.44 E (hTyrffA-k6oR PERMIT NO. DATE SPECIAL 00NDjTj�cHS.- CorPs Of Eng gneers Permit /—/ P- 7 7 Orange County Permit Other: -'U-r"RdZED BY CITY COUNCIL 13- -7 -7 0 il up i aw i ■r go CJ TY OF NEWPORT BEACH HARBO-bla PERMIT p E "'M 15 Sp A Is N t s -j-�Z�JJCT X MAINIMM THE AT THE SZlli�' REACH yjjE MARSOU rj THE C',Vky RIGH,TS GWS�Nl 7 k Co: AND THIS U-4 ACCORDMNICE VViTH ,,ffes _ _ ��� 'Aar -ka PER411T NO,, 1A I A bAT'L / 8 A) Csv °r 4s njrtgjr4aers Permit Orange Cour-tv Permit Other o _ M 9 N 7 Uui V • ® s ' a o� Es _ � s a 1 I I I I j f, IVO SCALE &-IXV7p.a— txISTING I F.JI�fTt11G asp _ "�� fto~ty CYT / U.S. PIERgEAD Wit E4cv. - Y.? DATUM IS M L.L.W. xISTINq. ROPOSiiO'. REMOVAL.: Q NOT[%.' p %,roy, el w.viir/•io/ a6 6s Io. -leo, k t&O-a ism ri '1 JOB S11 o f ) 1 \/ J O v 4 o N w '' VICINITY SKETCH ,""fq, ��.. wAwrogr BAY CA►IOOrMlA M/se'J ,�pw O A � �° h .. o I �P4 9,411.9a,4 cz w1 v A~` 0w V1 �1444, Mtayseo alai 8►0fi. e1DC 4.0 DQ0 OSED P/c BULKHEAD t7l c Of iuctu• 7rs Tr.-st-.�-•r•••rr /5 , .......� 6LW /LL 224'ArEA T A R C A . rr' �r� �' PofcD wv �r D R D G It op Ov1ame �U41cNEA0 _ LINE � s ` b DIL3RH&AD LINA N &I' -oo- od w. 0 �M B4r n ,gew~rlo AWAXAWAO i BmWA~- /i0,r zor CG Aw zomo • /N•uvwAorr Oar 4�nmMoe!rAew/ Ca s A! AfmWZ,rAG*tlet d'Wt,wa'reµ� i7jP0 h/. tAcJr *v&t k*. hrj0/•Grliiwr 90#1 AW~ Ow q%iAiatr QPI� d/l//Oe�Y1'M rz 7_, -7, z/ CITY Or NCWPORT BEACH HARBOR PERMIT of t AISSION IS HEREBY GRANTED. TO CONSTRUCT AND ,MAINTAIN THE FACILITY -5,40 IIN ON THE PrvjFR.SE HEREOF, AT THE SITE INDvCA'rFD, SUSIEC, Tat -c; c'�i°iaV4SHER OF THS HARBOR Pr-Rs'1,! T R OLIv;IES GI: �a'- cd�43 cT REACH A1Ir ANY spEef Ak. Cf:;; 48'7fSTeS !#ST L, t? i ::w . IS NOT TRANS FEEZA& . % JTk • a,:'7 'i� 1?�. � '>::s" : g �-L FS415 fi+iEFttl+fl' YHE CITY WAj-cga#; Ct303'D.1dt3'` 3i S CONSENT C. RIGHTS .GIV£pF UN DER r.45S F3E t:5;4� 4i� Gft�i55 Yte•Tci ; AND THIS PERMIT MAY BE iZ#:VG"(E11 EV THE CITY COUNCrt IN ACCORDANCE WITH TITL£ }�'�' Ttf£ flRifti:C,it'AL CODk... CITY HA, OR COORDINATOR SPECIAL CONDITIONS: Corps Of Engineers Permit Orange County Permit Other ( {tee PERMIT ISSUED SUBJECT TO DREDGE MATERIAL SEM HAULED.TO SEA P _ z 19�_eli5 PLACED ON CST-mmrL / _,SSS E.. .�!D.•'—. re cvl� a.o< rrr•ss a Af v E Q ws.vil�r �* .e p iL" T IwcJoA D JIIJI"' C 0.46 e7: COIIMI Jr i T. Q i ata w�l wpr JirT). E,Ir NfWlOtar fwY•: CiaG tFor+tiuA;. Jsrrr SoUrtdins-s oie.: dXpices.cd rnr."faa74: and%rd�nole.. depths,- -6Clot , Meo.7,: Lowe�r.4ow.Wo4er. ivloxn.wlw rongs:.o•, liade>- ppprox�•.►olo/y' /O /sef Hvrbo'- /:ries Ore ,e,ais2,_i_iis:.aecf�o�r;01<'New�orf..; Bot. L/C-ArvTS ' � /�c. ,�a c `�� Lo7 C B4 e, 7AEAC7 ✓oB`• Aoaesss- / Z`/ . %ice; �ou s ��s�r, CoA17AIrAcroa Dre4 ' OA �� ����_� -..��/"\�L ♦ILS I� I �c-70�.• /\/ \�.i I, -IF� I��- ,.. 1 i.l I` II I .I�, �- i� � I.. ,1 •r. ll. .il J/. i , �L II `I, ,I �. rl�. II ��� 11 > I� it � I�' il.: ;i �I -r�..,::li,.._ 11 :�_ LL . .� - - si::, . l.�_:..�L...._L1._ � _ll, .11., e1.. _ �.t //4J.,• / yy L/C-ArvTS ' � /�c. ,�a c `�� Lo7 C B4 e, 7AEAC7 ✓oB`• Aoaesss- / Z`/ . %ice; �ou s ��s�r, CoA17AIrAcroa Dre4 ' OA CITY OF NEUtTPOnT BEACH AND AT 1*.'jC N C V-2` y 47V/ .......... Atm,11T ms-UED Suw",T To D3,ED�' 'c rlWMAL CEING N'AULCDTCSCA PLACED ON BEACH SPECIAL COR DMIONS: COU'Ps Of Enggineers Perml, Orange County pe'rn, it CITY OF NEWPORT BEACH HA B 0 1 R, P EWN41. I T PERMISSION IS HEnESY 6zRAUT-1;B3 TO CONSTRUCT AND MAINTAIN THE FACILtTY Sp--i]OWN GN THS 2IF-REOF, AT THE ESTE ENDICA11-0, T'IfZL-CWS;ONS Of THE HAPBOR PEZ-VA9T UZACA AW: ANY SPECIAL C.CNf-NTW-NS IS NOT IRAKSFERA�'LE THE Cirl Y J i, R C 0 RIGH115 G�iVLN UNDER aEe@S AND THIS PER'NOT rT'IA'q' E-'- R-:'-VaV-EV ;yTHE CyTV IN ACCORDANCE WITH TITLE A 7 QFCis ?,PU' M.C&PfL CODE. !TY—HACOORDINATOR /.7 f PERMIT NO. DATE SPECIAL CONDiTtOWS'. Corps of Engineers Permit orange County Permit Other. '"'rHORMZED By CITY COUNCIL -7 Ci T Y ma. /1 /wooer Ar B�Ik�+ep d 11 I --A 1 L� r`e DeTd.t �� H 1�DCII—K 2 H �/ Co. /Arca$ 2OH— 1,o'------ 65'---� L2 � 3:1 Slop. N M.I..L. W • ,8 Q �roT i I e - N. DO GK U V r `'oe I � N t (d.Q o iy v,�ftaler *�' •� M '' c R TQ Iwclow 11 ••' —_�' Iwf 4• C% Op y CM•w SKETCH V I C I Iii 1 T Y SKETCH clear Newiowr Owy Cfgt Iioaw�A y • I�rrr r � -- i. So Ondr.,9s ore VAQrcrsed rn &*SO and denote deplotis be/ow Meofv Lower Low "140r. MQ&J".un• ronye of /r'dC Op/ruxihaoi /O 401. Norbor vrnss are esiob/t'shed 10ti;s s /ro.r of Newpsri dor v � r I I De 7,D-,, L - (9,u esr Qocrc M.L. L, 71 `roe a' 1 Slope jj�� /I Pro.; i le • Q'ues-r Dock - 307 _ _ ,✓ D ra',,, not I , t ��.s. 81 ►Kl.nad 1 - U nt A 1DacK II II I& I(:+{E- 2 ?' $QI--� Drn�n E . o M.t,I.W, Sopa Prof; le - A Dock /99 C... Yo OwrE 0 C/ rY or NE#,00,er deAcq NO P/L_ /NG ,WO,Q/K 51-�L L Pr�OJ� NO CAA/G!VA fS TO 3L v�vol✓r� Tp,:s Lc`Y/ST, OZ-K'D -1.9, D -----4.0 CX/S7, Rz3 rro,4 /Zq-/Z2% P1,?OJ1--CT S /TL fo fop!IOTA f ff?OAR• e AO Fw �i fA•+r w*^ oe y P TQ I�tIv1 ♦r A Q of ONO 0,040, C% ��tt : /!t »,t ti74 VICI A I TY SKETCH wiii1l/T1 a lMr Nlwiegr SAY, CAL IFORNIA �, � Jerrr SOUnd�n9S or• eXpicssed ,» 1'et1 and dino/� dip #0.4 s be/ow A feorf Lower l e w Wo {er. 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