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HomeMy WebLinkAbout129-2431WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION � �°' CITY OF NEWPORT BEACH, ES V6p0.µ� BUILDING DEPARTMENT �� PLEASE PRINT OR TYPE CITY �� NEV POD T EA 1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. e � Cv. - LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT 2. DESCRIPTION OF WORK 0 -e - tfe (f`X � LJ rq- IUSE 1419,G)PL 04-r11 - # OF STORIES ev VALUATION $ n�� Il NEW ❑ 1 ADD ❑ ALTER ❑ DEMO ❑ JSQ FT (NEW/ADDED/EXTG) Check Appropriate Box for Applicant ❑ 3. OWNER'S NAME IAST , / y� FIRST OWNER'S ADDRESS -t- OWNS E-MAIL ADDRESS CITY STA� ZIP PHON�NO; / ❑ 4. ARCHITECT/DESIGNER'S NAME LAST FIRST ARCHITECT/DESIGNER'S ADDRESS CHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. ❑ 5. ENGINEER'S NAME LAST FIRST STATE LIC. NO. ENGINEER'S A9.BRESS ENGINEER'S E-MAIL ADDRESS CIT STATE ZIP PHONE NO. ❑ 6. CONTRACTOR'S E BJU�SI ESPl, TATE�,I' Class CONTRACTOR'S ADDRESS 2 c,LI CONTRACTOR'S E-MAIL ADDRESS CITY / ^ � STAT'r ZIPS"') � 7 PHON ,N� OFFICE USE ONLY PERMIT NO.� 2 TYPE OF CONSTRUCTION PLAN CHECK NO. PLAN CHECK FEE $ OCCUPANCY- GROUP PLAN CHECK ENG. orms a aoo ica ion 8127104 C/ TY OF Nam. WPORT 5,_ A CA/ CITY OF RE T et � ry ACW PRO✓CGr h d L_1C 0 Pi ER HG10 0 O rt9.7. BIZ oo � s PROp05BO PROA7$Lr0 �'F 6�e" poi rd I AIV" AER ObGK iver�vc• c?~ E w „ O �ti � D c -s5 V145//V17Y MAPirl MARW4fP, s /WILE �) �I FA I, c•�nios i L k a � Jvl L ANC I � P/eRHEAv •� 1. �A PLAN o so ec x.�cE oFFecr APPL/CANr: �`r (���� Cl3l�Y1� for: H eLK,: TRACT. ✓O,'s A D �/PE 59 ; _'�1 J 1 pVV: C®✓ l to C IPA-, /C.:./ l/I/ l I I S! tP0,4 7�` C / r Y 6P,= A/46 WROR 7- 4455 5A C4Aql 61-XV 64-4.1Ale. ea -- I - nzl .4oVCH. E,Crsq rip 44 6. /ry R / -R He -A D FV 4OW6 O(ZAM-063-41 fgo PLAN d BB OD - A4,4RINC,R:5 A41Z.C-"4j4q1N5:. - . ': A ff4.1CAAfr-- CP-NrdR - RHA S& ZT . MAO wesTcoAsTH16HwAy . -lo6 AooRE5.s: 1v4-w,=ver,9e.ACoq, CA, • �, AP 1 d —AP y f Cb Jr .. ., . 41 ��� I H� • .tie. t t � • Y a 43 Olw0wo.�7' i 6•0 -. w Ar A v �. IV • a po. .a� s.v f ' � , �r ' ®e®� k e 6 d�M s ter ® ' • � °� NI T'b° MA Ate...:. �e rar Z J C 70 ®I% " Al ® wseaRY *.R YA cA ��® r. ANO O®�lOr� O�PPI�� p::®Oeg• ,'.B�m4s!® ' COiYm:� L49W WAr AC. A4AY/AVIJA4 R.Ie�O[�'. ,YAm,qaO.0 t./A/_s ®IRA C-51'.4.54/sHao . i R 41 /PdG — r® &A b./to N if L. A IV Eg .00 d is AC44.Cs O,aA"avr vq6 A oavg 39 a Na b9AAs"iaer ad At:H . GA. GO/►A%'.k,��/� e<� am D 4 re ;7- //- CITY OF NEWPORT BEACH HARBOR PERMIT GHMI88M IB MEREBY GRANTED TO CONSTRUCT AND MUN fW THE R%CXM SHOWN ON THE REVERSE HEREOF. AT THE on INDICATED. SUBJECT TO THE FHOVISIONS OF THE MOM FERMI? POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITWNS LISTED HEREON. THIS PERMIT Ni NOR TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CRY HARBOR COORDINATOR OR CITY COUNCIL THE P46MT$ GM UNDER THIS PERMIT ARE PERMISSIVE ONLY AND TM PERMIT MAY BE REVOKED BY THE CITY COUNCIL IN ACCORDANCE %Vn I:'?HS MUNIC CODE. CITY HAR R:C. IN TOR 7 -F PERMIT NO. DATE M h .M1 yy v f �y k I.wn4 1i VR ,5x��4 C "0d 4'c P;s ] RIAL MMING haw'"'; a""E ��oe CIT1P pF IU EdIVP®RT S EACO-I �mArl._.._ERMIT. RBOR PERIWISSION IS HEREBY GRANTED `TO . CONSTRUCT AND .. MAINTAIN THE MCILITY SHOWN ON THE REVERSE HEREOR AT THE VM INDICATE®, SUBJECT TO THE PROVISIONS OF _ THE HARBOR P ERNT POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON, THIS PERMIT IS NOtTRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL. THE FIGHTS GWEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THIS PERMIT MAY BE REVOKED, BY THE CITY COUNCIL IN ACCORDANCE WITH T'iIE MUNIC CODE. CITY HAEi ,C RDIN TOR PERMIT NO. [SATE :c - � ..'ps i /--v/v K5� z: kdr,lra 5b �^ sumrM6 o -. r SE IN(; .. 2",��a.Pa.�s.r?'5,1�•+'n6rJf7�i7 c.%.I.r � , :. �. .. , 'rrvro eVY ,y _V� C //o-7-9- z5w ; r ' .,5,�•^ ft �w'�r E:I�L�,yxo y,5� y §Wli m4.�Y3. 0, ` 6�"eee cc-) Ar CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 April 15, 1994 Jim Evans c/o Newport Bay Group Limited 2439 West Coast Highway, #203 Newport Beach, CA 92663 Re: Harbor Permit 129-2431 and 129-2505 Dear Mr. Evans: The file for the above referenced Harbor Permits has been referred to this office for further action. I understand that you made a partial payment of the 1993 Harbor Permit fees and have failed to bring the account current since that date. Both the remaining 1993 and the 1994 Harbor Permit fees are now due. Your account totals are $7,510.00 for Permit #129-2431, and $7,510.00 for Permit # 129-2505. It is necessary that you remit to the Newport Beach Finance Department a check in the amount of $15,020.00 in payment of the Harbor Permit fees for 1993-94. If such payment has not been made by May 1, 1994, this office will take all necessary steps to collect this debt. Thank you for your attention to this matter. Very truly yours, Lrifird Stitt SheecW Contract Attorne LSS:wb cc: Ton y Melum, Marine Dept. 3300 Newport Boulevard, Newport Beach km r R' rl 26, NEIP"It' PO Rt", wa Bti-1, - mokE tdviffft., MENT December 2, 2005 Chandler BeR., Port Captain Hornblower Cruises & Events 2431 Nest .Coast H�A-T, Suite 101 Nle-vport Beach, CA 922663 Subject: Moultiple Ber&dng, - Hornblower Cruises & Events 2431 West Coast Hwy, Newport Beach Dear Mr. Bell: I am fi-i receipt of your letter dated November ail, 2005, regarding One issue of -multiple bertbing at the above subject location for the dates of December 1, 2005, through December 18, 2005. Your correspondence states thatL iduring these dates, multiple berthing will occur at 1-fornb1mver's locafior. due to the arrival of the M/V Endless DTeaMS from Long Beach. The diagram provided shows that Cabaret and Hornblower will share the same slip. Our records indicate a recent inspection, of this facility confirmed the Class 11 standpipe system was tested grid certified. Fire extinguishers are located in each Dose cabinet and been serviced. and tagged. Your request to ternporarfly multiple berth vessels due to the arrival of the M./N7 Endless Dreams is approved based upon the a-yadlabfifty of fire. protection consisting of a suandpipe systern and fire exth-iguiskiers. in addition to this fire protection, a 24-hour, fire watch is required to beimplemented commencing December 2, 2005, through Decen-d)er 18, 2005. A fire watch in olves the assigru-neni of a person, beyond non al staffing, to patrol the affected. are -as. This, individual is required to remain in the comprounised area at all finies and have the equipment and inforination necessaTy to provide early notification of the fire department, begin evacuation of the area ffnecessary, and perforin first aid fire fighting if safe and appropriate. This individual must know how to use flie Ciass TT hose station and a portable fire extinguisher- bpecial Saver - -Ndultipie, berthing Page 2 The fire w%ratch shall consist of. * One i-ndividtial not assigned to normal or daily staffing. * Shall be assigned to walk the dock area where multiple berthing is present, * Shall be ti ained in fire 6' Lepartment and occupant notification procedures. * Shall diligently watch for, fire and take prompt action to extinguish same. * Shall. have hvo-vay corwnunication to notify 911, of fire or emergency. * Shall perform rou-nds within theTA,-ork or affected areas at a mininium of once per hour- * Shall maintain a log book documentinig rounds and any ongoing fire/ life safety activities during fire watch- Upon request, the log book shall be available for review by iffire departmei it personnel. Shali not be required to perform any other duties than these specified. Keep this approval later or, site during the times of multiple berthing I u safe Bank you for your cooperation in continuing our efforts to achieve a fire C, harbor in N' levrport Beach_ If you require assistance or have any questions feel free to caH\!-,adine IN/forris at (949) 644-3105- SS Timothy Rilev 'Fire Chief cc-. Mark NluireL VNIA Mariners Mile LLC CR..U.ISES EVE....N`I'S NEWPORT BEACH OFFICE 2431 W. COAST HWY, STE 101 NEWPORT BEACH, CA 92663 ; ..TEL: 949-646-OJSS FAX: 949-646-5924 ..........._................................................... ............. _.............................................. __._...._........................... ............ :............................ .......:,.,.......... .....,................. ................................... LAT. 32°-37'-10" N LONG. 117°-SS'-20"W www.hornylower_com November 30, 2005 Fire Chief Riley City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 REF: Special Events Variance Dear Fire Chief Riley, I was referred to you by 1&. Chris Miller regarding a request for a Special Event Permit for the dates of December 1, 2005 thru December 18, 2005. We are very sorry for this late notice, as we tried to make other arrangements before contacting you. Hornblower Cruises and Events has an opportunity to bring in the M/V Endless Dreams from Long Beach, CA to our facility for a few charters during the mentioned dates. We are requesting for the ability to have two (2) vessels in one slip. I would hope that this would not be too much of an issue as with other types of events that take place at the various yacht clubs, boat shows, and sail boat racing events with multiple stacking situations. I have included a diagram for your review. Please note on the diagram that there is full access from both the water side and the land side for any emergency response issues. The breeze way is directly in front of the two (2) vessels under consideration. We will also have a watch on site at all times that the vessels would be stacked. Scott Thornton, Director of Operations and I would be very happy to discuss any issues that you might have with this arrangement. My direct cell phone # is 949-683-8966 or my Office is 949-646-0155 ext. 4434. We look forward hearing from you very soon. Thank you for your consideration in this matter. Chandler Bell Port -Captain SAN FRANCISCO BERKELEY MARINA DEL REY NEWPORT BEACH SAN DIEGO Cl) z Y ry a U) w 0 LL LL. O LLI W O o0i- a LO M Cl) LU U LL LL. O U) Q w U) U) LU II Z LU O O 2 Of w Z_ Q LLI Z w w U) O O C`? 0 J 9 �� I I�, , 4 -171''Ifrllrl 1A l April 1, 2005 Chandler Bell, Port Captain Hornblower Cruises & Events 2431 West Coast Hwy., Suite 101 Newport Beach, CA 92663 Subject: Multiple Berthing - Hornblower Cruises & Events 2431 West Coast Hwy., Newport Beach Dear Mr. Bell: I am in receipt of your letter dated March 20, 2005, regarding the issue of multiple berthing at the above subject location for the dates of April 3, 2005 through April 10, 2005. Your correspondence states that during these dates, multiple berthing will occur at Hornblower's location due to the arrival of the M/ V Endless Dreams from Long Beach. The diagram provided shows that Cabaret and Hornblower will share the same slip. Our records indicate a recent inspection of this facility confirmed the Class II standpipe system was tested and certified. Fire extinguishers are located in each hose cabinet and been serviced and tagged. Your request to temporarily multiple berth vessels due to the arrival of the M/ V Endless Dreams is approved based upon the availability of fire protection consisting of a standpipe system and fire extinguishers. In addition to this fire protection, a 24-hour fire watch is required to be implemented commencing April 3, 2005 and concluding April 10, 2005. A fire watch involves the assignment of a person beyond normal staffing, to patrol the affected areas. This individual is required to remain in the compromised area at all times and have the equipment and information necessary to provide early notification of the fire department, begin evacuation of the area if necessary, and perform first aid fire fighting if safe and appropriate. This individual must know how to use the Class II hose station and a portable fire extinguisher. April 1, 2005 Special Event - Multiple Berthing Page 2 The fire watch shall consist of: • One individual not assigned to normal or daily staffing. • Shall be assigned to walk the dock area where multiple berthing is present. • Shall be trained in fire department and occupant notification procedures. • Shall diligently watch for fire and take prompt action to extinguish same. • Shall have two-way communication to notify 911 of fire or emergency. • Shall perform rounds within the work or affected areas at a minimum of once per hour. • Shall maintain a log book documenting rounds and any ongoing fire/life safety activities during fire watch. Upon request, the log book shall be available for review by fire department personnel. • Shall not be required to perform any other duties than these specified. Keep this approval letter on -site during the times of multiple berthing. Please consider an alternative to this approval by relocating your vessels to available slips in the harbor, avoiding the need for multiple berthing. Attached is a list of marinas and anchorages in Newport Harbor for your reference. Thank you for your cooperation in continuing our efforts to achieve a fire safe harbor in Newport Beach. If you require assistance or have any questions feel free to call Nadine Morris at (949) 644-3105. Sincerely, Timothy Riley Fire Chief Enc. cc: Mark Murrel, VMA Mariners Mile LLC ' E PORT HARBOR MARINAS AND ANCHORAGES Name Address Phone Web SitelE-Mail Slim 28!` Sheet .Marina 2602 Newport Blvd. 949-673-3777 20 American Legion 215 15th Street 949-673-5070 www.a[291.com admin@al291.com 48 Ardeli Marina 2101 West Coast Hwy 949-642-5735 www.ardell.com 55 Balboa Bay Club 1221 W. Coast Hwy. 949-645-5000 www.balboabayclub.com 135 Balboa Fun Zone Marina 610 E. Edgewater 949-675-2258 22 Balboa Yacht Basin (City O 829 Harbor Island Drive 949-673-1761 www.city.newport-beach.ca.us/HBR 171 larcese@city.newport-beach.ca.us Bayside Village/De Anza 300 East Coast Highway 949-673-1331 225 Balboa Marina 201 E. Coast Hwy. 949-723-7781 www.greafislips.com 132 Bayshore Marina 2572 Bayshore Drive 949-723-7781 www.greatslips.com 134 Bayside Marina 1137 Bayside Drive 949-723-7781 www.greatslips.com 173 BellPort Lido Dry Stack 101 Shipyard Way, Suite G 949-673-9330 www.lidodrystack.com lidodrystack@beliportgroup.com 264 BeI[Port Lido Yacht Anchorage 101 Shipyard Way, Suite G 949-673-9330 wwwlidovachtanchorage.com lidoyachtanchorage@beliportgroup.com 251 BellPort Villa Cove Manna 1099 Bayside Drive 949-723-7781 www.belloortvillacovemarina.com villacovemarina@,beliportgroup.com 42 Bongos Manna 2130 Newport Blvd. 949-673-2810 10 Channel Reef Comm. Assn 2525 Ocean Blvd., CDM 949-673-5020 8 CrorrWs Nest 2�1 West Coast Hwy, 5t 949-574-7600 Harbor Tower Marina 3333 West Coast Hwy. 949-642-4644 16 Larson`s Shipyard 2717 West Coast Hwy. 949-646-5055 6 Lido Village Marina 3400 Via Oporto, Suite 104 949-675-8662 www.shoporangecourtty.com/ lidomarina "uno.com 75 Newport Marina 919 Bayside Drive 949-760-0919 34 Newport Dunes Marina 101 N: Bayside Drive 949-729-1100 www.newportdunes.com marina@newpo.rtdunes.com 450 Port Calypso B 3 West Coast Hwy, Ste. 949-645-6900 Slips4rent@aol.com 22 Sea. Enterprises 632 31s` Street 949-6754639 6 Sheriffs Harbor Patrol 1901 Bayside Dr. 949-723-1002 Swales Yacht Anchorage 2888 Bayshore Drive 949-548-1501 56 Vikings Port 2547 West Coast Hwy_ 949-548-1202 4 Vista Del Lido 611 Lido Park Drive 949-675-6244 14 Revised March 23, 20u5 ✓tyn NEWPORT,&&T OFFICtE o243I W. COAST �H LAT. 32°-37'-I0" N m=%�ONG.' 117°-55'-20"W iwww.h"Ulowerxom µ TEL: 949-646-0154, FAQ 9'*9,646-592A� ..................... t ..........I...... r ....... .............. March Z6O, (0 �` Fire Chief Riley City of Newport Beach" 3300 Newport Blvd. ` Newport Beach, CA 92663 REF: Special Events Variance Dear Fire Chief Riley, �Vtln G� V I was referred to you by Mr. Chris Miller regarding a request for a special event permit for the dates of April 3, 2005 thru April 10, 2005. We are very sorry for this late notice, as we tried to make other arrangements before contacting you. Hornblower Cruises and Events has an opportunity to bring in the MN Endless Dreams from Long Beach, CA to our facility for a few charters during the mentioned dates. We are requesting for the ability to have two (2) vessels in one slip. I would hope that this would not be too much of an issue as with other types of events that take place at the various yacht clubs, boat shows, and sail boat racing events with multiple stacking situations. I have included a diagram for your review. Please note on the diagram that there is full access from both the water side and the land side for any emergency response issues. The breeze way is directly in front of the two (2) vessels under consideration. Linda Mongo, VP & General Manager and I would be very happy to discuss any issues that you might have with this arrangement. My direct cell phone # is 949-683-8966 or my Office is 949-646-0155 ext. 4434. We look forward hearing from you very soon. Thank you for your consideration in this matter. Chandler 11 Port Captain ................................................................................................................................................................................................................-...................................................................... SAN FRANCISCO BERKELEY MARINA DEL REY NEWPORT BEACH SAN DIEGO E 90 � D azo D O m * --i m X O L O O m m n m cn x Ocin w M O D=Om < m w n � o o CA = 0 0 * CD _- — 0 o 0 = G) y 0 c o _ CD rn 1:1U D < CD rr Ncn Z. m? O 03 71 CD m �y CITY OF NEWPORT BEACH FINAL LETTER - COMPLETE C.,` ,rroi 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 VMA MARINERS MILE LLC / HORNBLOWER CR ATTN: MARK MURREL 2439 W. COAST HIGHWAY, STE 200 NEWPORT BEACH, CA 92663 Dear Commercial Pier Permittee, Permit number: HC2004-009 Location : 2439 W COAST HWY Status: CLOSED 11/23/2004 12CI- zyjJ This is an acknowledgement letter stating that you have successfully corrected the violations previously noted in the City report that was sent to you earlier this year. Your docks have met the minimum standards as set by The City of Newport Beach Municipal Code. Your actions will help reduce the potential for fire related injury and property damage in Newport Harbor. Please remember that it will be your responsibility to ensure that your docks maintain this level of safety in the years to come. The Harbor Resources and Fire Departments will be conducting routine inspections of your property in the future. Thank you for your compliance. Please feel free to give us a call if you should have any additional questions. CHRIS MILLER - HARBOR RESOURCES SUPERVISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page 1 of 2 CITY OF NEWPORT BEACH 11/23/2004 { !f 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 VMA MARINERS MILE LLC / HORNBLOWER CR Permit number: HC2004-009 ATTN: MARK MURREL Location : 2439 W COAST HWY 2439 W. COAST HIGHWAY, STE 200 Status: CLOSED NEWPORT BEACH, CA 92663 DATE COMMENTS Berthing 02/26/2004 All boats shall be readily removed in an emergency without the necessity of moving other boats. At the time of the inspection, vessels were parked in a manner that impeded the removal of other vessels located at the dock. NFPA 303 Chapter 5 Section 5.1.1 08/05/2004 Action Plan Approved. Shall be implemented by January 30, 2005. CHRIS MILLER - HARBOR RESOURCES SUPERVISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page 2 of 2 CITY OF NEWPORT BEACH 11/23/2004 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 VMA MARINERS MILE LLC / PEDIGREE MARIN Permit number: HC2004-010 ATTN: MARK MURREL Location : 2439 W COAST HWY 2439 W. COAST HIGHWAY, STE 200 Status: CLOSED NEWPORT BEACH, CA 92663 Dear Commercial Pier Permittee, This is an acknowledgement letter stating that you have successfully corrected the violations previously noted in the City report that was sent to you earlier this year. Your docks have met the minimum standards as set by The City of Newport Beach Municipal Code. Your actions will help reduce the potential for fire related injury and property damage in Newport Harbor. Please remember that it will be your responsibility to ensure that your docks maintain this level of safety in the years to come. The Harbor Resources and Fire Departments will be conducting routine inspections of your property in the future. Thank you for your compliance. Please feel free to give us a call if you should have any additional questions. CHRIS MILLER - HARBOR RESOURCES SUPERVISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page 1 of 2 CITY OF NEWPORT BEACH 11/23/2004 FINAL LETTER - COMPLETE C. 7441rolO 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 VMA MARINERS MILE LLC / PEDIGREE MARIN Permit number: HC2004-010 ATTN: MARK MURREL Location : 2439 W COAST HWY 2439 W. COAST HIGHWAY, STE 200 Status: CLOSED NEWPORT BEACH, CA 92663 LION DATE COMMENTS Berthing 03/22/2004 All boats shall be readily removed in an emergency without the necessity of moving other boats. NFPA 303 Chapter 5 Section 5.1.1 07/07/2004 Action'Plan Approved. Shall be implemented by January 30, 2005. CHRIS MILLER - HARBOR RESOURCES SUPERVISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR. Page 2 of 2 CITY OF NEWPORT BEACH :...r ; FINAL LETTER - COMPLETE `=+tlrs,tN�• 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 VMA MARINERS MILE LLC / BAYPORT YACHTS ATTN: MARK MURREL 2439 W. COAST HIGHWAY, STE 200 NEWPORT BEACH, CA 92663 Dear Commercial Pier Permittee, Permit number: HC2004-011 Location : 2439 W COAST HWY Status : CLOSED 11/23/2004 This is an acknowledgement letter stating that you have successfully corrected the violations previously noted in the City report that was sent to you earlier this year. Your docks have met the minimum standards as set by The City of Newport Beach Municipal Code. Your actions will help reduce the potential for fire related injury and property damage in Newport Harbor. Please remember that it will be your responsibility to ensure that your docks maintain this level of safety in the years to come. The Harbor Resources and Fire Departments will be conducting routine inspections of your property in the future. Thank you for your compliance. Please feel free to give us a call if you should have any additional questions. CHRIS MILLER - HARBOR RESOURCES SUPERVISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page 1 of 2 CITY OF NEWPORT BEACH R FINAL LETTER - COMPLETE ems. 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 VMA MARINERS MILE LLC / BAYPORT YACHTS ATTN: MARK MURREL 2439 W. COAST HIGHWAY, STE 200 NEWPORT BEACH, CA 92663 Permit number: HC2004-011 Location : 2439 W COAST HWY Status: CLOSED 11/23/2004 INSPECTION DATE COMMENTS Multiple Berthing 02/26/2004 All boats shall be readily removed in an emergency without the necessity of moving other boats. At the time of the inspection, vessels were parked in a manner that impeded the removal of other vessels located at the dock. NFPA 303 Chapter 5 Section 5.1.1 08/04/2004 Action Plan Approved. Shall be implemented by January 30, 2005 CHRIS MILLER - HARBOR RESOURCES SUPERVISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page 2 of 2 August 4, 2004 Shanna Reyes, Associate The Murrel Company 2439 West Coast Hwy., Suite 200 Newport Beach, CA 92663 2439 W. Coast Hwy., Bayport Yachts Action Plan Permit Number HC2004-011 Dear Ms. Reyes: I am in receipt of your letter dated July 23, 2004, regarding the issue of multiple berthing occurring at the above subject property. Bayport Yachts states in their correspondence that multiple berthing will be discontinued. Their acquisition of additional slips will bring them into compliance with the multiple berthing violation. We appreciate their concern for the safety of the harbor and their decision to change their business practice to comply with the National Fire Protection Association (NFPA 303). This action plan is approved and required to be implemented by January 30, 2005. Please contact Nadine Morris at (949) 644-3105 if you require assistance. Thank you for your cooperation. We look forward to achieving a fire safe harbor in Newport Beach. Fire Chief THE MURREL COMPANY A R E A L E S T A T E C O R P O R A T I O N July 23, 2004 Chief Tim Riley City of Newport Beach Fire Department 3300 Next nnrt Rlyd Newport Beach, CA 92662 Re: VMA Mariners Mile, LLC / Bayport Yachts 2439 W. Coast Highway, Suite 200 Newport Beach, CA 92663 Dear Chief Riley: Please have this letter serve as a follow up to your response letter dated July 7, 2004 regarding Multiple Vessel Berthing at the above referenced location. We are currently correcting any deficiencies noted and identifying any clarification for items on the dock inspections report. Together with our tenants we are working towards a safe and code compliant marina facility. Enclosed is the revised Compliance Action Plan submitted to us from our tenant, Bayport Yachts. Please review the submitted action plan and provide us with written confirmation that this action plan will satisfy harbor fire code requirements. We appreciate your prompt attention to this matter. Please feel free to contact me with any questions at (949) 722-1131 ext. 212. Sincerely, THE MURREL COMPANY, a California corporation as authorized agent for VMA MARINER'S MILE, LLC, a California limited liability company �k-*-, ' 12�x� Shanna Reyes Associate Encl. Cc: Chris Miller 2439 WEST COAST Hwy SUITE 200 NEWPORT BEACH CALIFORNIA, 92663 TEL 949 • 722 • 1131 FAx 949 • 722 • 9244 Y A C H T S July 15, 2004 Bayport Yachts Revised Fire Action Plan In order to comply with the vessel berthing and fire code regulations, Bayport Yachts has developed the following action plan. We have recently acquired, at considerable expense, a lease for additional slip space. The new slips will accommodate 3 of our vessels which will be moored in compliance of the berthing regulations. In addition, we have 2 new slips at the Newport Dunes Resort which will accommodate up to 4 additional vessels. By utilizing these new slips, Nye will be able to reduce the number of vessels currently moored in our slips at 2439 W. Coast Hwy. We will additionally reduce this number through sales of these vessels. Once our plan is fully implemented, we will be in full compliance of the berthing requirements. The attached drawings show both our current situation and our planned arrangement. Please note that all vessels will easily be able to be removed ,N ithout the necessity of moving another vessel. We are willing to consider any alternatives, or suggestions to help us comply with the fire code regulations. Please feel free to contact me with any questions or concerns. n Suleski Service Director 2530 West Coast Highway • Newport Beach, CA 92663 (949) 631-0228 • Fax: (949) 631-5440 www.bayportyachts.com Z,q- z �UC August 4, 2004 Shanna Reyes, Associate The Murrel Company 2439 West Coast Hwy., Suite 200 Newport Beach, CA 92663 Subject: 2439 W. Coast Hwy., Action Plan Revision Permit Number HC2004-010 Dear Ms. Reyes: I am in receipt of your letter dated July 29, 2004, regarding the revision to Pedigree Shipyard's action plan. Pedigree Shipyard submitted a diagram showing that slip 4A will have an additional finger installed. It is our understanding that this is now not the case. Our files have been updated accordingly. Please contact Nadine Morris at (949) 644-3105 if you require further assistance. Sincerely, imothy Riley Fire Chief THE MURREL COMPANY A R E A L E S T A T E C O R P O A A T 1 O N July 29, 2004 Chief Tim Riley City of Newport Beach Fire Department 3300 Newport Blvd Newport Beach, CA 92662 Re: VMA Mariners Mile, LLC / Pedigree 2439 W. Coast Highway, Suite 200 Newport Beach, CA 92663 Dear Chief Riley: Please find enclosed Pedigree's response to your last letter dated July 7, 2004 regarding Multiple Vessel Berthing at the above referenced location. Please review Pedigree's letter and provide us with written confirmation that this will satisfy harbor fire code requirements. We appreciate your prompt attention to this matter. Please feel free to contact me with any questions at (949) 722-1131 ext. 212. Sincerely, THE MURREL COMPANY, a California corporation as authorized agent for VMA MARINER'S MILE, LLC, a California limited liability company 4A-A-. Sharma Reyes Associate encl. 2439 WEST COAST Hwy S= 200 NEWPORT BEACH CALIFORNIA, 92663 TEL 949 • 722 • 1131 FAx 949 • 722 • 9244 PEDIGREE SHIPYARD, LLC July 22, 2004 The Murrel Company 2439 W. Coast HWY Suite 200 Newport Beach, CA 92663 Re: Vessel Berthing Dear Shanna, We have reviewed the attached letter dated July 7, 2004 from the Newport Beach Fire Department regarding Multiple Berthing Action Plans at our location. Everything appears correct with one exception, Slip 4A will not have an additional finger installed. Thank you, C�t Alain Foret encl. NEWPORT BEACH FIRE DEPARTMEN] July 7, 2004 Shanna Reyes, Associate The Muriel Company 2439 West Coast Hwy., Suite 200 Newport Beach, CA 92663 Subject: 2439 W. Coast Hwy. Multiple Berthing Action Plans Permit Numbers HC2004-009, HC2004-010, HC2004-011 Dear Ms. Reyes: I am in receipt of your letter dated June 30, 2004, regarding the issue of multiple berthing occurring at the above subject property with three of your tenants. Pedigree Shipyard states in their correspondence that multiple berthing will need to continue. It is our understanding that vessels will be multiple berthed only during business hours and that a minimum of four employees will be present and available to remove exposed vessels immediately in the event of a vessel fire. After hours, all vessels will be arranged such that any vessel can be readily removed in an emergency without the necessity of moving other vessels. The diagram submitted shows that slip 4A will have an additional finger installed. A permit from the City's Building Department is required for this installation. Prior to obtaining this permit, please contact Chris Miller or Tom Rossmiller in Harbor Resources at (949) 644-3034 to obtain an application. This action plan is approved and required to be implemented by January 30, 2005. The correspondence received from Bayport. Yachts and Hornblower Cruises states that multiple berthing needs to continue 24 hours a day. Multiple berthing of vessels during non -business hours will not be considered or approved. Multiple berthing will only be permitted during business hours .ar d employees shall be trained to respond without delay and take appropriate measures to move exposed vessels in the event of a fire in the harbor. A revised action plan must be submitted and approved by July 31, 2004. Please contact Nadine Morris at (949) 644-3105 if you require assistance. Thank you for your cooperation. We look forward to achieving a fire safe harbor in Newport Beach. Sincerel. Ciov, , Riley Fire Chief . � Z � �/y3 l August 5, 2004 Shanna Reyes, Associate The Murrel Company 2439 West Coast Hwy., Suite 200 Newport Beach, CA 92663 Subject: 2439 West Coast Hwy., Hornblower Action Plan Permit Number HC2004-009 Dear Ms. Reyes: I am in receipt of your letter dated July 29, 2004, regarding the issue of multiple berthing occurring with your tenant Hornblower Cruises & Events. Hornblower states in their correspondence that due to the nature of their business, multiple berthing at the facility will need to continue. It is our understanding that vessels will be multiple berthed only during normal business hours. In the event of a vessel fire in the harbor, it is imperative to remove exposed vessels immediately. Employees shall be trained to respond without delay and take appropriate measures. After hours, all vessels will be arranged such that any vessel can be readily removed in an emergency without the necessity of moving other vessels. This action plan is approved and required to be implemented by January 30, 2005. Please contact Nadine Morris at (949) 644-3105 if you require assistance. Thank you for your cooperation. We look forward to achieving a fire safe harbor in Newport Beach. Sincere1 , Timothy Riley Fire Chief THE MURREL COMPANY A R E A L E S T A T E C O R P O R A T I O N July 29, 2004 Chief Tim Riley City of Newport Beach Fire Department 3300 Newport Blvd Newport Beach, CA 92662 Re: VMA Mariners Mile, LLC / Hornblower 2439 W. Coast Highway, Suite 200 Newport Beach, CA 92663 Dear Chief Riley: Please have this letter serve as a follow up to your response letter dated July 7, 2004 regarding Multiple Vessel Berthing at the above referenced location. We are currently correcting any deficiencies noted and identifying any clarification for items on the dock inspections report. Together with our tenants we are working towards a safe and code compliant marina facility. Enclosed is the revised Compliance Action Plan submitted to us from our tenant, Hornblower. Please review the submitted action plan and provide us with written confirmation that this action plan will satisfy harbor fire code requirements. We appreciate your prompt attention to this matter. Please feel free to contact me with any questions at (949) 722-1131 ext. 212. Sincerely, THE MURREL COMPANY, a California corporation as authorized agent for VMA MARINER'S MILE, LLC, a California limited liability company L5"Id,L-� Shanna Reyes Associate Encl. 2439 WEST COAST Hwy SUITE 200 NEWPORT BEACH CALIFORNIA, 92663 TEL 949 • 722 • 1131 FAX 949 • 722 - 9244 NEWPORT BEACH OFFICE- 2;431 W. COAST a. Ju1y29,r,2004 LAT. 32°-37'-10" N SONG. 117°-55'-20"W "'q11 www.hornlower.com TEL: 949-646 O(5S" FAX: 949='S46-5924 N.......................... ........ ..... ....................... 6s Fire Chief,Tim Riley ` F 15 City of Newport Beach" 3300 Newport Blvd.,,,, % Newport Beach,` CA ,92663 ' RE: Permit No. HC2004-009, 2439 W. Coast Hwy., Action Plan for Berthing Issues. Dear Chief Riley: We reviewed the City's Inspection Report of our leased facilities (from VMA Mariners Mile LLC), dated March 26, 2004 and offer the following steps to address the conditions identified in the report. Multiple Berthing. While the report indicates, "vessels were parked in a manner that impeded removal of other vessels located at the dock", we note that there is only one slip where two vessels were moored bow to stern. The two (2) vessels in question are the MN Hornblower and Cabaret. Both vessels have a current Certificate of Inspection from the United States Coast Guard and have the following fire fighting equipment on -board. • In each engine room, a fixed fire system, • On each vessel, multiple fire extinguishers annually inspected, • On each vessel, a fire station. An inspection company reviews and certifies all fire equipment on an annual basis. In addition, all of our vessels moored at Mariners Mile are professionally managed and have trained staff on -board or immediately adjacent to the vessel moorings throughout any given week, including late night hours (primarily Thursday — Sunday). We propose the following new than— t- +-n Jve the multiple b thi Jr t' b . . &5 a.v . 0"x � IAX , a &AACaNia, iveriuI i�s'u'2. At the end of each business day when all vessels have returned to the dock, we will reposition our yachts in our existing slips so that no multiple berthing is created. We currently have enough space within our marina configuration to accommodate our five vessels without impeding the removal of any other vessel located at the dock. This will be accomplished to meet the City's fire code requirements. ................................ ..........-................................................... ................................................................................. ........................ ............. ................ SAN FRANCISCO BERKELEY MARINA DEL REY NEWPORT BEACH SAN DIEGO Chief Riley, I hope this meets with your approval. Please let me know if we can provide any clarification or additional information on this proposal. Thank you. Sincerely, P� Linda Mongno Vice President & General Manager Hornblower Cruises & Events Greater Los Angeles & Orange County LI) T PAVtL w Pr P 1 e.Fk 10 ,�Pv1'g ASZl�d07dd r rrr r or r r M F gi lu cc 0 7 6� 1.1 iQ Q CY jij IIJ ) W cD �? O� LI Z SEW PORT CITY OF NE PORT BEACH v z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 April 5, 1994 Jim Evans c/o Newport Bay Group Limited 2439 West Coast Highway #203 Newport Beach, CA 92663 Re: Harbor Permit 129-2431 and 129-2505 Dear Mr. Evans: The annual Commerical Pier Permit fee for the above two permits is seriously in arrears. As we had discussed earlier, you were going to attempt to make payments on the debt to bring it current, however, that has been unsuccessful. We now have no alternative but to turn this matter over to our City Attorney for follow-up. Currently, the amount owed is the fee for 1993 minus the payment that you made on both permits, and the fee for 1994, for a grand total of $7,510 for Permit 129-24.31 and $7,510 for Permit 129-2505. If you have any questions regarding the above, please contact me at (714) 644-3044. Sincerely, Tony Melum Deputy Director TM: la cc: Laura Stitt-Sheedy City Attorney's Office tmevans3.1tr 3300 Newport Boulevard, Newport Beach 4 ��W PART CITY OF NEWPORT BEACH U z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 c"I/FWL December 22, 1993 Newport Bay Group Ltd. 2439 West Coast Highway, Ste. 101 Newport Beach, CA 92663 Attention: Jim Evans Re: Commerical Harbor Permit No. 0129-2431 and 0129-2505 Dear Jim: In your letter of June 14, 1993, you indicated that you would pay $1,000.00 per month until these commercial permits are brought current. We received the initial payment from you on October 20, 1993, and have not received payment since. Please contact me immediately to discuss this matter and to preclude further action by the Marine Department. I can be reached at (714) 644-3044. Sincerely, Tony Mel.um Deputy Director TM: la tmevans.1tr 3300 Newport Boulevard, Newport Beach �'39 V✓LS7 OAS- HWY f ✓✓POP7BEAC-'H '.A 92663 .iLar��� 1•��:= M, -. r.y Me111m `, NeWpC, t Beac l =c , '4Gwport ouievard Ne wG rseacn r,e ^Y peY-}J......01�9-?505-1 # 0129-2431-1 Due -e the 'act that the economy Has not beer as strong as we ail wool _i :�.. we at Mariners Mile Marine Center ,,ave expolencea iosse� of approximately $C50,000.00 per year for the last two y_` pb,,iou�iy this has affected our cash flow and ability t0 ea ay on payabias, which some are this years fees to your d:apa t:rent . t s time we are in a process of re -structuring the F r1-17 si-,i� . �(D neip with this financial re -structure 1 am reques-159 than _7,e 0it, consider and accept the following payment plan acaaccount for our commercial permit fees. A down payment Of on Jui 1 , a' 2. Payment of $1,000.00 per month until balance is paid in full. - 7aMeE _ . Evans pr,?sip:` nt . 'urnstone Corp . Partner . New�D0 Bay coup . Lt z F -,-�� j CITY OF NEWPORT BEACH Marine Department June 18, 1993 TO. FINANCE DEPARTMENT/EMMA BELLO FROM: Marine Deprtment SUBJECT: HARBOR PERMIT 129-2�31 AND 129-2505 The above permits are delinquent and have gone to 75% penalties. The amount owed on each is $5,040. tee is By the attached memorandum ents structured as Harbor indi indicated tin his legterrequesting that we accept paym It is the recommendation of the Marine Department to accept these payments and continue to bill the permittee, allowing him to make payments as indicated. If you have questions call me at 3044. Tony Melum Deputy Director 6�2 ( Zc CITY OF NEWPORT BEACH. Marine Department July 21, 1992 TO: PAT ROSE/DATA PROCESSING FROM: Marine Department SUBJECT: HARBOR PERMIT 129-2431 AND 129-2505 On June 15, 1992 I met with the property owner of the two permits. At that time their fee had gone to 75% penalty. The property owner indicated he would refuse to pay the penalty as he felt that it was exorbitant. We negotiated a payment of $8,000 dollars for both permits, which included a $2880 fee on each permit and a $1120 penalty on each permit. This left a balance owing which includes a penalty of $1760 dollars on each permit. This is indicated on the current computer printout. Please waive the existing $1760 dollars on each permit and zero those balances out. If you have questions call me at 3044. Tony Melum Deputy Director 1� •� •`CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA .: July 25, 1991 Newport Bay Group LTD 2439 W. Coast Hwy. #203 Newport Beach, CA 92663 Re: Harbor Permit No. 0129-2431-1 Dear Permittee: The Finance Deprtment has indicated that the fee for above Harbor Permit for the year 1991 has not been paid and there is currently an outstanding balance due of $5,520.00. Failure to pay this fee within 30 (thirty) days of receipt of this letter will result in the Marine Department recommending that the pier permit be revoked as provided by Section 17.24.090 of the Newport Beach Municipal Code, which states: 17.24.090 "Any permit heretofore or hereafter granted for any structure or work in the waters of Newport Harbor or the. Pacific ocean may be revoked by the City Council upon the following grounds: (4) If the permittee has failed for a period of sixty (60) days to pay the fee or fees heretofore or hereafter imposed for the occupancy of tidelanhds, filled tidelands or submerged lands upon which such work or structure exists.1° If you have questions in this regard please call me at 714-644- 3044. - s Sincerely, Tony Melum Tidelands Administrator 3300 Newport Boulevard, Newport Beach FINE ITALIAN PRODUCTS Ap Oh, F & M WINES If 2055 EAST 51 ST STREET Q 2057 EAST 51 ST SA" VERNON, CALIFO R.NIA 90058 VERNON, CALIFORNIA 90058 F. & M . IMPORTING CO. mc. A SUBSIDIARY OF � O ---since 1892 NOOD%&CON 171i,104% • NEW YORK, N.Y. 10013 BRA_ D M. GROSS (213) 589-6404 FAX 21&589-7527 1-800-542.2243 • TWX 678-409 VERNON, CA. -1 - j - a oa City of Newport Beaph 3300 Newport Blvd. Newport Beaclh Ca., 92663 TO: Marine Dept. ATT: Tony Melum Sir , This is a copy of the letter that I sent to the Regional Water Quality Control Board. I thought you may want a copy of it also. It may answer some questions about the pumping business I spoke to you about. You mentioned a Harbor Use Permit, I hope this letter will be enough information for your department to issue the permit. If not please feel free to call me at home. Thank.You), ... .. ....... Brad Gross 1562 Caraway Dr C Costa Mesa, Ca., 92626 (714) 641-9023, Fq V,ter u a tl iy Contro I. Boar Q 6809 Indiana St. Suite 2010 Riversi0e, Ca. 925i..,,6 TO: G. Kruger RE: Clearanc-e letter for new 'business. Sir, As per our telephone conversation on 5-2-89, t1his is a request for a clearance letter for .-Py proposed new business in N`,,ewport Harbor. I Will be using a &elf contained vessel with a 1,2 0 gallon holding capacity. The vessel is able to imeet or exceed ;�J,e�qport 11--arbor Dept., and U.S.C.G., regulations. Utilizing hydraulic pumps run off the vessels main engino, adjustable manifolds, ancl tig'--'- fitting hoses. the pumping process should be sanitary and efficient. The actual busines:E; of pumping would involve bringing the "Pump out Boat" to the customers vessel, attaching the air tight filEt-ings frro,T�. the "Pump out Boat" to the cult-cm.,Z..,rs, and Pumping the holding tank of the customers vessel. After r,a-ach-ij:Ig c��,,pacity on the "pijmp out Boat" I ,a-7ill empty the contents at the end of each day. I will be disposing of the waste in the disposal line locat; d iit 2431 West Coast Tllighvray, Newport Beach. This facility belongs to 1.1ornblower Yachts Inc., and negotiations z.-.rc under way now for an arrangement to pump out there. I hope this is information for your sufficient: department to issue a clearance letter. If you need any more information or have any questions please call me at home. Tliarik You, el r r0 S S 1,562 Caraway Dr. c Costa 1-1,esa Ca. 92626 (714) 641-9023 Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-0155 FAX 714/646-5924 Berkeley HORNBLOWER DINING YACHTS .s Tony Melum 8 Oct 1990 Tidelands Administrator Marine Department City of Newport Beach Long Beach Dear Tony, As we discussed in our telephone conversation, Hornblower Dining Yachts requests a permit to carry out some minor maintenance on our marina. As .you can see on the attached drawings we intend to Los Angeles simply widen one of the slips. There will be no change in the pilings or the floats. Also attached is a check for $50.00 for the fee to issue this permit. Thank ,you for your help in this area. ncere1y,Marina del Rev%§'ti rnblowenD ning Yachts Aav' M. 'Kahl Newport Beach San Diego San Francisco Seattle �t�, �.1� t i I� ', � ,., �$, '' d,:. — ti ��, �, r., Y �, a +�. �:'< �` �� p, �4L7 � �` '. Y ,n �, � '. � PERMi i NO. DREDGING APPLICATION Project Location: 2431 WE2T�QUAST HTQHWAY, NEWPORT RRACN, CA Cubic Yards to be Dredged: 375 CUBIC'YARDS Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Haul to sea and dump @ Latitude 33°31r42"N Longitude 117°54'48" W. Method of Material Disposition: Barge to sea. Turbidity Control Method: • Material to be cant-a-i-ned- d-n Dump Barge at Dredge Site Effect of dredging on contiguous bulkheading and beaches NONE I, Lorenzo C. Miller , 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. NEWPORT BAY GROUP.LTD. (Applicant -type name MARCH 26, 1991 (Date) S.E.A. Constructors Contractor -type name Signed: Contractor's Representative C r TY OF mi •wPORT cEAGAS! ,v mNs PROJCGT • OLAGW OL�C'lt P/t'RhrUD o' � , arc► ddd r,r �o�, � �;� AV . ?L •} ACC V/G //V/TY "A P 5-E C T/ON owe wOWR,V AAyo CA. VERt /aa30� 6CAt-! Oo M14L9 /,,I'.,.,.iu r� •,.vc i 75 0 z6L Pvea He -AO L/HG -�-- TO a S• /t9 :!O' • Xr-cc 71 �501 L=_�A P L A N o• �v ea x��e cr��ccY' w 1i4',�' TO US.140 h� OLK•: -» APvL/GANT: ,qa-- AAY r4'!l©UiO L.T'o.. LOT• 74/ wES� G3�1S�rf,�i�,+ws�Y .._._. ✓03 AC.p7Ac',f53.• NEwoyer B�AGH • CA. COA?1�.:5_E.A. COIMS—MUGTO,gS BEACH "'"H""TRU®RT AND RZOV, 0 kWf AMP M.. 40P 4 1a2 --f- A-1 I A i PERPYINT 2-SUED SUBJECT TO DREDGE MA7..R"AL SMING HAULED TO SEA-,-- PIAC'ED ON BEACF1 MY OF NEWPORT BEACH HARBOR PERMIT TNE CRY 0 m - - - - -iivn coamopm Cou"M rJam wm umm Tw NNW An MAN" ow AND IM POW MAY 09 fowm w iw aly couna IN CITY HAFJ#OR ROINAT04T A2 f- -;;"- 7-� PERMIT NO. DATE - j :1 rl r Tff, � I �,,j I ;...1. i� P RT REALM HARBOR r-IMIT A;XTAtN THE FfaC e.CT'4 C,n s k a:n: AT THE SITE 9NDIbsrA 4, D THE HARBOR ANY in"'PFCIA IS NOT THE CITY iwiA:ASKM, !RIGHT'S G5'r ER, t'.WDrrr 4N.`;a AND THIS PFLIMIT M.AY IN ACCORDANCE WITwv 'T aq"LE 17 4�..�TN—FVMi1U2t ;" . ,'.w :c;c0E. JL C SPECLAL GS,rps, Of Ersiona ra Pe r o Orm. ge County Pe'-finlit < w `2'4 at�f�. 00 T t n HIMPORT REACH P777M 'PT AMC a wr"r,rO' THE =rigTHE RIGHTS 6"Ja' i R r , �' 14(2 j ' .r•. ci�i .o • v-I to N►I '� •..may.,. u.'.n.,.i:q.,y�, ,y,y<.yi,d•i a1AALi,tJ41?wt••..xa i� NtWOORT BEACH �, T HARBOR Pv:8tlrlif3101i 13 k{Z^ !Z7 G'i^�• r� rra7 "s iPl.AklfTA1N 14i&rt� itk!'c'Yi�s5 r at:ce. PiT THE SITE, ANY ;4EC1AL (t'c1gq3n,.Jt� nlr t kt cy Syr r. t `u3 IS N*T TRl+eti r i. 1T L) k+ 1 : A L ti , • THE City RIGHTS Give; I t4l)l:i3%C L IN ACCORDANCE WIT" C"I'LE &? t1 �r.�L�T.913 Z P _ 1kiY� #.,ti... ":P- e.rt Of Er iot MM Pormft Orm, ge COuntl Permit avlar Gail , 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 Such a reeval-uation 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 a as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for r the issuance of an administrative order requiring you to comply with the terms and conditions of y your permit and for the initiation of legal action where appropriate. You wil,I 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 contractor otherwise and bill you for the cost. 6. Extensions. General condition l 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 activitYor a reevaluation of the public interest decision the Corps will , normally give favorable consideration to .a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. �11 61, June 23, 1987 (PER 1TTEE) Marsh . al ABeck, Vice President, Turnstone (DATE) Cc poration, Managing Partner of Newport Bay Group, Ltd. This permit becomes effective when the Federal official, designated to act for the Secretary of the Army', has =signed below. 61 � E) ,CH OLT (DA Ch ,Regulatory Branch (for the 'District Engineer) When the structures or workauthorized by this permit are still in existence at the time the property is transferred., the terms and conditions of ,this permit will continue to be binding on the new owner(s) of the property; To validate the transfer of this permit and the associates liabilities associated with compliance with its terms and conditions, have the transferee sign and date below, (TRANSFEREE) (DATE) AGENDA ITEM NO. f-12 CITY OF NEWPORT BEACH Marine Department March 9, 1987 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: APPLICATION BY THE TURNSTONE CORPORATION, HARBOR PERMIT 129-2431 TO BUILD A SECTION OF BULKHEAD AND REVISE THE COMMERCIAL DOCKS BAYWARD OF 2431 and 2505 WEST COAST HIGHWAY. Recommendation: If desired, approve the application subject to the following conditions: 1. Approval of the.Army Corps of Engineers 2. Approval of the California Coastal Commission 3. All plumbing and electrical work must be done under permit -- from the City Building Department. 4. Plans.: andspecifications. for the bulkhead must be approved by the City Building Department. 5. Plans' -,and specifications.for the docks must be approved by the Public Works Department. - 6. -Fire prevention Equipment must be approved by the -City. Fire Department. 7. The slips, as revised, must be reserved for the boatyard and/or tenants of the uplands only and the slips must not be available for private vessel berthing other.than the above. Discussion: e This application is before the City Council as required by Section 5.C.3 of the Harbor Permit Policies, w4ich states: 5.C.3. "Priorapproval of the City Council will also be required before issuing a permit.for shore -connected structures when..(3) The abutting upland property is zoned commercial." The applicant is the owner of the property immediately to the west. As Phase II of their development they have purchased this property and will develop it and integrate it into their existing property. The docks now bayward of the commercial uplands are deteriorated and need to be rebuilt. The applicant is proposing to rebuild them and do some -._. minor relocation and add one finger to them. In addition to this, the applicant proposes to construct 23 feet of new bulkhead which will close off an abandoned marine railway entrance. This then wi.l make the bulk- head continuous across the front of the property. The ap plicant193 of it requesting that they be relieved from Sections W .A. pp Policies, which state: 17.A.."All commercially operated boat docking facilities shall provide 0.75 parking stalls for each single boat slip and 0.75 parking stalls for each 25 feet of available mooring space not classified as a slip." 19.B. '.'All public or private commercially operated shore -connected boat anchorages shall have a minimum of two restroom facilities; one for women and one for men, --for each 20 boat slips or boat berths available in the anchorage area. The minimum walking distance from. .the farthest boat berth to the restroom facility shall not exceed 400,feet." The slips, as revised, will be used only by the existing:.shipyard and tenant s of the upland property. The slips will not be .available to the general,public as a vessel berthing marina. In the past when these conditions existed, the City Council has waived the above policy sections. David Harshbarger, Marine Director` Tony Mel m,, idelands Administrator TM : db -- :; ; 4r A A, eT— Lq3f k SEW PO CITY OF ATE PO T BEACH V Z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 .> CSC/FpRN�P September 16, 1988 Turnstone Corporation 2439 West Coast Highway Newport Beach, Ca 92663 Attn: James L. Evans Dear Mr. Evans: The purpose of this letter is to clarify the State granted tidelands of the City of Newport Beach to which you have a valid permit from the City of Newport Beach for piers and slips. The City of Newport Beach has received three State grants of tide and submerged lands in Newport Bay.' These grants date back to 1919, 1927, and 1929. In general each of the grant statutes contain a Statement of Purpose and Conditions which were attached to the lands conveyed in trust to the City of Newport Beach. In summary, the trusts state that the lands must be used by the City and its succesors solely for the establishment, improvement and conduct of a harbor., and for the establishment and construction of bulkheads or breakwaters for the protection of lands within its boundaries, or for the protection of its harbor and for the construction, maintenance and operation thereon of wharves, docks, piers, slips, ways and streets and other utilities, structures and. appliances necessary for the convenenience, and for the promotion or accomodation of commerce, fishing and navigation, and the protection of the lands within the City of Newport Beach. __Ae you are___awar-e, you _are ---the fee owner of the property out to the U.S. Bulkhead Line.. The U.S. Bulkhead Line, as established by the U.S. Army Corps of Engineers, defines the limit of where solid filling or solid structures may be placed. The U.S. Bulkhead Line in most areas of Newport Bay represents a line where private fee property ends and State tidelands, which have been granted to the City, begin. The zone betwen the U.S. Bulkhead Line and the UbS. Pierhead Line is property that has been entrusted to the City by the State for which the City grants permits to the upland private property owner for piersand slips. Chapter 17.24 of the Municipal .Code and the City Council adopted Harbor Permit Policies, which are attached, explain the conditions by which the City Council has granted your permit rights. To my knowledge, the City has never'revoked a pier permit providing the permitee, abides by the provisions of the. Harbor Permit Policies and the Newport Beach Municipal Code. 3 - 00 Newport Boulevard, Newport Beach If I can be of further assistance or explain in more depth the distinction between City tidelands.. -granted by the State of California, and the cityyIs ordinances and policies in administering these granted lands, please feel free to give me a calla I can be reachued at 714-644-3044. SIncerely, David Harshbarger Marine Director t�> PO A CITE' OF NE PO T BEACH U = P.O. BOX. 1768, NEWPORT BEACH, CA 92658-8915 C'qC, FO RNA P De r 23, 1987 Newport Hay Group Ltd. 2439 West Coast Highway Newport Beach, CA 92660 Attn: Jim L. Evans, Managing General Partner Re: Mariners Mile Marine Center, Phase II Dear Mr. Evans Attached is a copy of your Harbor Permit for the construction of you_�;,docks bayward of your Phase II project. During the course of the construction it will be necessary for you to setup an inspection schedule with Pat Dunigan of the Public Works Dep rtment so that the necessary inspections can be made of your proect as it proceeds. Please also take note that the permit has been conditioned relative to the lengths of boats that can be docked at your slips. Specifically, vessels berthed at docks 1 through 5 shall not exceed a length of 40 feet. on dock 6 the length can go to.a maximum of 60 feet. If you have questions regarding the above, please contact me at 644-3044. Sincerely, P7__ ToZyMee um Tidela ds Administrator ` ~~ --. --- _ 8O' 'TYP m CITY OF NEWPORT BEACH Marine Department September 24, 1987 TO: DATA PROCESSING FROM: Marine Department SUBJECT: FIX -IT FOR COMMERCIAL PIER PERMIT REGISTER Since our FIxit forms don't deal with this chang'al, we ask you to take care of it from this memo: Harbor Permit 0129-2505-1 includes Harbor Permits 0129-2505-1, 0129-2507-1 0129-2439-1 These are all consolidated under the name of Mariners Mile Marine Center Ltd. 2439 West Coast Highway, NB 92663 Harbor Permit 0129-2431-1 includes Harbor Permits 0129-2431-1 0129-2429-1 These are consolidate& !under the name of Newport Bay Group,.Ltd. 2439 West Coast Highway, NB 92663 0EW Pp151 �r CITY OF NEWPORT BEACH U P.O. BOX 1768, NE'WPORT BEACH, CA 92658-8915 CSC, Fp RN\P June 25, 1987 Newport Bay Group, Ltd. 2439 West Coast Highway Newport Beach, CA 92660 Attn: James L. Evans, Managing General Partner Re: Mariners Mile Marine Center, Phase II Fish & Game and Coastal Commission Mitigation Dear Mr. Evans: The above project requires some bulkheading and filling of an existing marine railway which will result in a loss of about 960 square feet of intertidal and subtidal marine habitat. Your Coastal Permit for this project requires that you mitigate this loss of habitat on a ratio of 4 to 1. In discussions with the State Department of Fish & Gameit ismy understanding that this 960 square feet, on a ration of 4 to 1, has been converted to a dollar cost of $6400 00. The City of Newport ,Beach is acknowledging receipt from you of checks totalling $6400.00 which will be held by the City and made available to the Department of Fish & Game for future Upper Bay restoration. If you have questions regarding any of the above please contact me at 644-3044. Sincerely, Tony Mel m Tidelan s Administrator 3300 Newport Boulevard, Newport Beach NEWPORT BAY GROUP, LTD. 2439 WEST COAST HWY. NEWPORT BEACH, CA 92663 June 23, 1987 Tony Melum City of Newport Beach 3300 Newport Blvd. Newport Beach, CA Re: Mariners Mile Marine Center - Phase II Fish & Game, and Costal Comm ssion_M Ligation Dear Tony, Enclosed you will find a letter in response to our submittal to the Department of Fish and Game about our project located at 2431 W. Coast Hwy., Newport Beach, CA. Their analysis of the project is that there will be a loss of about 960 square feet of intertidal and subtidal marine habitat. The original thought by the department supervisor, Mr. R. E. Mall, was to compensate with a one to one basis for the loss of marine habitat. Mr. Mall then referred our office to Mr. Richard Nitsos in Long.Beach to get the final mitigation amounts and procedures. Mr. Nitsos explained to Mr. Marshal Beck, our project manager, that the compen- sation was now more than one to one and that due to extra work needed the square footage is to be mul:t :pliied: by 9,, thus, resulting in 8,640 square feet to be removed. He then added that the fee's were based upon cubic yard pricing. In order to come up with the cubic yard. amount he said to divide the square footage by 27 and this would give us the amount of cubic:,yards the D.F.G. would remove in the back bay to satisfy the loss of marine habitat. He then explained that the charge for the mitigation would be $5.06 a cubic yard. He theni,gave Mr. Beck the following equation to come up with the dollar amount for the mitigation. 960 s.f. x 9 = 8,640 square feet : 27 = 320 cubic yards x $5.06 cubic yd. = $1,600. This is my understanding of the mitigation fee,, from >the..Fish ;and' .Game Department for our project at 2431 W. Coast Hwy., Newport Beach, CA. However, I do understand if there are additional fee's due to a mistake that we are responsible for the difference. you for your cooperation. J es L. Evans, President, Turnstone Corporation Mtaging General Partner, Newport Bay Group, Ltd. 714/645-3517 STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKM,EJIAN, Govemor CALIFORNIA COASTAL COMMISSION -)UTH COAST AREA 3 WEST BROADWAY, SUITE 380 m LONG BEACH, CA 90802 (213) 590-5071 COASTAL DEVELOPMENT PERMIT NO. 5-87-318 Page 1 of 3 On June 10 1987 the California Coastal Commission granted to Newport, Ba Grou Ltd, this permit for the development described..below, subject to the attached Standard and Special Conditions. PROJECT DESCRIPTION: Demolition of 1020 sq.ft. retail, 2344 sq.ft. office, 1116 sq.ft. shops, 793 storage, 540 feet docks and construction of a 2-story 31 foot high building including 20,611 square feet of retail, office, storage, bulkhead and docks on .8-acres. PROJECT LOCATION: 2431 West Coast Highway Newport Beach Issued on behalf of the California Coastal Commission by PETER DOUGLAS Executive Director and d, IMPORTANT: THIS PERMIT .IS NOT VALID. UNLESS A INTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abido by all terms and conditions thereof. Da a Snature of Permittee Page 2 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. 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. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be al"awed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. 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. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permitted to bind all future owners and possessors of .the subject property to the terms and conditions. SPECIAL CONDITIONS: 1. Vertical Access. Prior to issuance of coastal permit, the Executive Director shall certify in writing that the following condition has been satified. The applicant shall execute and record a document in a form and content approved by the Executive Director of the Commission, irrevocably offering to dedicate an easement for public pedestrian access to the shoreline to an agency approved by the Executive Director. Such easement shall be 10 feet wide beginning between the two buildings and extending from Pacific Coast Highway to and along the entire length of the bulkhead 10 feet wide, and 5 feet wide beginning at Pacific Coast Highway through the stairs and hallways to the view deck located on the second floor at the southerly end of the easterly office building "B" and down the stairs connecting to the bulkhead easement. Page 3 The document shall include legal descriptions of both the applicant's parcel or parcels and easement areas. Such easements shall be recorded free of prior liens except for tax liens and free of prior encumbrances which the Executive Director determines may affect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California, binding all sucessors and assigns of the applicant of landowner. The offer of dedication shall be irrevocable for a period of 21 years, such period running from the date of recording. 2: Signage. Prior to issuance of coastal permit, the applicant shall submit for revie%� and approval of the Executive Director, the design, form and location of a sign indicating to the general public the provisions for public access on the site including Phase I. The signs shall be posted in a manner to be clearly visible from Pacific Coast Highway. 2. Parking. Prior to issuance of coastal permit the applicant shall submit evidence of payment to the City of Newport Beach, that 7 in —lieu parking certificates have been purchased. Applicant shall agree to purchase 7 in —lieu parking permits on an annual basis. Applicant shall also agree to participate in and conform with any future revised in -lieu parking management program established by the City. 3. Mitigation. Prior to issuance of coastal permit, the applicant shall submit to the Executive Director, evidence of payment into the Upper Newport Bay Ecological Reserve Mitigation Program administered by the City of Newport Beach and coordinated with the Department of Fish and Game. The fee shall be based on a ratio four (4) times the area to be filled (960 square feet). 3076A STATE OF CALIFORNIA STATE LANDS COMMISSION 1807 13TH STREET SACRAMENTO, CALIFORNIA 95814 I Marshall A. Beck Newport Bay Group, Ltd. 2439 West Coast Highway Newport Beach, California 92663 May 1, 1987 File Ref: SD 87-04-20 G 09-02 Dear Mr. Beck: Subject: Mariner's Mile Marine Center - Phase II The staff of the State Lands Commission has received your letter dated April 14, 1987, and attached drawing relative to the proposed Mariner's Mile Marine Center, Phase II, located in the City of Newport Beach. The tide and submerged lands over which a portion of the proposed project will extend are sovereign lands of the State of California that the Legislature granted in trust to the City of Newport Beach, pursuant to Chapter 74, Statutes of 1978. Therefore, you need not apply to the State Lands Commission for project authorization. You should, however, apply to all other agencies having approval authority. This action does not constitute, nor shall it be construed as, a waiver of any right, title, or interest by the State of California in any lands under its jurisdiction. Please contact Debbie Townsend, at (916) 322-1219, if you require additional assistance. 'fiery truly yours, LESLIE H. GRIMES, Deputy Chief Division of Land Management oand Conservation CC., Robert L. Wynn, City Manager/ City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92660 33261 p Q ��W PO,4T CITY OF NEWPORT BEACH U = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 cgGi F� FyN`P March 13, 1987 Mariners Mile Marine Center, Ltd. 2439 West Coast Highway Newport Beach, CA 92663 Re: Harbor Permit for revision of the docks bayward of 2431 and 2505 West Coast Highway Gentlemen: Attached please find a copy of the City Council Staff Report and your Approval in Concept for the above revision. We would like to direct your attention to those seven listed conditions on the Staff Report. It will be necessary that conditions 1 through 6 be complied with prior to the issuance of our final permit. Condition 7 will be a permanent condition on the permit. If you have questions in this regard please call me at 644-3044. Sincerely, Tonyt''jj cum Tidelands Administrator TM:db 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH COUNCIL MEMBERS ti 3 coy ROLL CALL March 9, 1987 Motion All .Ayes �_)_9_.tea t MINUTES 12. HARBOR PERMIT APPLICATION NO. 129-2431 - Uphold staff's recommendation to approve the application by Turnstone Corporation to build a section of bulkhead and revise the commercial docks bayward of 2431 and 2505 West Coast Highway, subject to the conditions of approval listed in the staff report. (Report from the Marine Department) 13. BUDGET AMENDMENTS - For approval: BA-078, Removed from the Consent Calendar. BA-079, $1,320 - Transfer in Budget Appropriations for special refuse collection at Harbor View and Newport Hills; General Services -Refuse Fund. (Letter from Villageway Management, Inc.) BA-080, $35,000 - Increase in Budget Appropriations for shelving and records storage facility in new warehouse at Corporation Yard; General Fund. BA-081, $100,000 - Increase in Budget Appropriations for design and construction of traffic signal at the intersection of Newport Center Drive and San Miguel Drive required as a condition of approval for several developments; Contributions/Traffic Signal -Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Fire Chief regarding proposed resolution that the City assume responsibility for implementation of laws pertaining to hazardous materials for lease response plans, was presented. Fire Chief Reed addressed the Council and stated that he will be preparing a report for the March 23 Council meeting relative to City and County costs for this program. In addition, the Chamber of Commerce will be holding a meeting on March ,12 in which they have invited members of the community who would be impacted by the disclosure ordinance. Motion was made to defer the subject resolution to March 23, 1987. Volume 41 - Page 114 Harbor Perm. #129-2431 (51) (25) (44) Fire Dpt/ Hazrds Mtrl (41) ITY OF NE:W-PORT L,�ACH COUNCIL MEMBERS ti CIOf MAI 1 i+w1 i�� March 9, 1987 MINUTES IAIf1�Y 2. Memorandum from Executive Assistant to BA-078 1(25) the City Manager requesting approval of Budget Amendment No. 078 for $3,290 - Transfer in Budget Appropriations for one-year subscription to Dun & Bradstreet Business Information Services; Nondepartmental-Publications and Dues Fund, was presented. Motion x Motion was made to refer this item back All Ayes to the staff for further consideration. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: APPOINTMENT TO BUILDING CODE BOARD OF Bldg Cd Bd APPEALS: Green x x x x x Robert Fish, Jr. was assigned the green light; and Red x x Roland M. Foreman was assigned the red light. The City Clerk announced that Robert Fish, Jr., was appointed to fill the vacancy of C. A. Higbie. 2. APPOINTMENT TO ARTS COMMISSION: Arts Cmsn Green x x x x x x Sara Blatterman was assigned the green light; and Red x Charles E. Gray was assigned the red light. The City Clerk announced that Sara Blatterman was appointed to fill the unexpired term of Patti -Gene Sampson ending June 30, 1989. 3. APPOINTMENT TO VACANT POSITION ON THE BT/CAC BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE: Motion x Motion was made to confirm (District 5) All Ayes Council Member Maurer's reappointment of Robert J. Caminiti for term ending December 31, 1987. J. CURRENT BUSINESS: 1. Mayor Cox stated that he wanted the Council to be made aware of a letter he had received from the Fair Political. Practices Commission in answer to his request concerning a possible conflict Volume 41 - Page 115 `e o a Q CITY OF NEWPORT BEACH t CALIFORNIA c'9Cl�pgtc��� City Hall 3300 W. Newport Blvd, Area Code 714 May 7, 1979 640-2156 Boatswains Locker 2431 W. Coast Hwy. Newport Beach, CA 92663 Dear Sir: On March 26, 1979, the Newport Beach City Council enacted Ordinance #1801 amending Chapter 17.33 of the Newport Beach Municipal Code relating to pier fees for commercial installations in Newport Harbor. The pier fee for commercial installation was amended to 8.5� per square foot of City tidelands for the permit area. In accordance with City Council direction, the Marine Department staff has calculated the total square footage for each affected harbor permit: This square footage was arrived at by multiplying the upland property water front footage times the distance from the U. S. Bulkhead Line to the bayward permit line. The total square footage under your Harbor Permit, as calculated by the Marine Department, is as follows: /S-O x 80 - /Zi sq . f t. Ordinance #1801 stipulates that the amended fee shall "be due and payable on July 1, 1979 and shall be prorated at two-thirds (2/3) the annual rate with the prorated amount to terminate on February 28, 1980. The fee will then become due and payable March 1 every year thereafter. The "Commercial Pier Registration Fee" for 1979 will be credited against the new fee Accordingly, the fees for 1979 have been prorated for the remaining six months of 1979 and the first two months of 1980. Additionally, any pier fee that has been paid for 1979 will also. be prorated for the four months of 1979.already expired and the balance will be deducted from the amended fees,due July 1, 1979. CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 3300 Newport Boulevard, Newport Beach ��_ � Ci��Z-fit.-� � _d�r��' /� -�.-�, �—,.0 J `� �' � �' ( � .- � ar Boatswain's Locker, Inc. '\ Complete Marine Distributor with Service Facilities TELEX: BOSUN 182-297 March 20, 1987 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663-3884 Finance Department To Whom It May 'Concern, Attached please find a copy of a statement for a Pier Permit. Boatswain's Locker, Inc. sold the property at 2431 W. Coast Hwy., Newport Beach on December 31, 1986 and is no longer responsible for this permit. Please contact Mariners Mile Supply Company, 2439 W. Coast Hwy., Newport Beach as they purchased the property from us. If you have any further questions please feel free to call me at (714) 642-6800. Thank you, ^ )'� Mary T 4l Office Manager Encl. a "` `-31 T, Wholesale Warehouse 2431 W. Coast Highway 931 W. 18th Street Newport Beach, Calif. 92663 Costa Mesa, Calif. 92627 (714)642-6800 (714)642-6800 ,C `2,fO 10 Marina Drive Seal Beach, Calif. 90740 (213) 598-6611 PpR - - - CITY OF i�EWPORT BEACH ..�..�.... -EIPT .�..�.q. t. r NEWPORT BEACH; CALIFORNIA 92663 No. 18470 I 3 i 1`. r a�f f- i DATE (0,0 RECEIVED FROM f- .,# ,4 }j °yFii4 € �r 9a FOR: t ACCOUNT NO. - AMOUNT ! � 4 DEPARTMENT v - BY Fit_ � .- ��t'r �.- COMMISSIONERS MINUTES _ February 23, 1984 v m m c m m a C 5 c City of Newport Beach ROLL CALL INDEX 9. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the. Bay or the storm drains if required by the Building Department. 10. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced ,into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Director. 11. That six in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the restaurant use and that the annual fee for said. parking shall be in'''accordance with Section 12.44.125 of the Newport Beach. Municipal Code. 12. That the. applicant shall provide access to two bathrooms in conjunction with the proposed restaurant as required by the Uniform Building- Code (1979 Edition). Said bathrooms shall be appropriately identified for the'' restaurant use subject to the approval of the Building Department. 13. That the Planning Commission may, add/or modify'' conditions of approval to this use permit, or recommend to the City Council the revocation of this use `permit, upon a determination that .the operation which is.the subject of this use permit, causes injury, or is detrimental to the:, health, safety, peace, morals, comfort,. or general welfare of the community. COMMISSIONERS - February 23, 1984 MINUTES Cr to a w City of Newport Beach ROLL CALL INDEX I Use Permit No._3084 (Public Hearing) Request to permit the construction of a restaurant facility with on -sale alcoholic beverages located in the Recreational Marine Commercial area of the Mariner's Mile Specific Plan Area. The proposal, also includes a modification to the Zoning Code so as to allow the use of tandem and compact car spaces with valet service for a. portion of the required restaurant ,parking spaces, and a request to pay an annual in -lieu fee to the City for a portion of the required restaurant parking spaces. LOCATION: A portion of Lot H, Tract No. 919, located at 2.431 West Coast Highway, on the southerly side of West Coast Highway, approximately 290 feet easterly of Tustin Avenue, in the Mariner's Mile. Specific Plan Area. ZONE: SP-5 APPLICANT: CHE, Inc., Dba.The Chart House, La Jolla OWNER: Boatswain's Locker Investment Company,. Newport Beach Mr. William Laycock, Current. Planning Administrator, referred to Exhibit "A" of -the staff report and recommended the following revisions: Condition No 2 - provide for a minimum of 17 and a maximum of 19 in -lieu parking spaces. He stated that the number of reduced standard size parking spaces have been recalculated from 44 spaces to 35 spaces. Condition No. 48 - relating to the on -street parking_ along West Coast Highway, be deleted. Additional. Finding No. 11 - That the proposed development will intensify the need. for on -site, on -street and off -site parking in comparison to past and current uses of the development site. -10- I Item #5 USE PERMIT NO-. 3084 APPROVED CONDI- TIONALLY COMMISSIONERS ROLL CALL �A m' C c C a o °= �� 3 3 g m� m Additional Finding No :1�:i12 - That the City of Newport Beach has tentative plans to widen and/or restripe West Coast Highway which may result in loss of on -street parking and the applicants proposed development adequately addresses anticipated parking needs for the permitted use. Additional Condition No. 55 - The required handicapped parking spaces shall be independently accessible and shall be located closest to the restaurant entrance. ,The public hearing opened in connection with this item and Mr. John Callahan, representing the applicant and the owner, appeared before the Commission. Mr. - Callahan referred to the additional Condition No. 55 and stated that it willrestrictvalet parking for the handicapped. Chairman King stated that many vehicles driven by the handicapped, contain specialequipment which valet operators may not be familiar with. He also stated that tandem parking of the handicapped vehicles would not be feasible Mr. Callahan stated that the architect wi11 adjust the parking design accordingly. Chairman King referred to Condition No.,8 and stated that the valet parking, service shall not ,'restrict or otherwise preclude the use of a portion of the independently accessible spaces by patrons wishing to park their own car. Commissioner Winburn expressed her concern .with. the 831 foot wide size of the reduced standard parking spaces. Commissioner Balalis stated that the Planning Commission can not redesign the parking lot layout at tonight's meeting. He suggested that the applicant redesign the parking lot, following the requirements of the City and that Condition No. 2 be revised to provide that a minimum of 17 in -lieu parking be required. He stated that in this 'way, if additional in -lieu parking spaces are needed, they can be obtained. Mr. ,Callahan stated that the representative of the d roved the State for -...the handicapped, has. already a Pp Y pp plan for the handicapped on this site. -11- COMMISSIONERS MINUTES February 23, 1984 A Cc m " City of Newport. Beach ROLL CALL INDEX Commissioner Person asked Mr. Callahan if he was aware that the in -lieu parking fee is subject to change, which could amount to as high as $1,000 to $3,000 per. space. Mr. Callahan stated that they have been made aware that the in -lieu parking fees are subject to change. Commissioner Balalis stated that the original approval of this item required that in the event a parking structure was built on the Municipal lot, a one time purchase fee, not to exceed $10,000 per space, shall be required. He stated that since the original approval„ the City has chosen to only surface pave the parking lot. Commissioner Person clarified that the applicant would be required to purchase the in -lieu parking spaces at a given rate on an annual basis, rather than a one time purchase fee. Mr. Callahan discussed the background information relating to this item and explained that the permit time elapsed after the lengthy process of obtaining Coastal Commission approval and redesigning the project. He stated that the proposed project will be an asset to the area, however, he expressed -his concern with several suggested conditions of approval and stated that the price tag of complying with these conditions, will not be affordable. Mr. Callahan stated that the State Fish and Game condition, relating to the intertidal habitat, has now risen to approximately $23,000. He stated that the cost of the 10 foot wide easement for an elevated walkway across the bayfront of the property will be approximately $75,000 to $90,000. He stated that the dedication of an additional 10 foot easement across the property to the water will also be costly. Mr. Callahan stated that the proposed project does not create any environmental impacts and is in conformance with the General Plan. He stated that the project contains 3,410 square feet of actual net public use, which will only be utilized from 5:00 p.m. to 2:00 a.m. He expressed his concern with the suggestion in the staff report that fair share improvements be applied to this project. He.stated that the proposed building is under 10,000 square feet and does not require a Traffic l Study. -12- COMMISSIONERS MINUTES February 2.3, 1984 _. 3 x v m m O z mO a City of Newport Beach ® 3 ROLL CALL INDEX Mr. Callahan stated that recently a retail office building was approved in the immediate area and was.not required. to contribute fair share funds. He also expressed his concern withthepotential costs of the suggested sound attenuation barrier condition. He expressed his concern with Condition No. 52 which requires an additional 10 foot easement for storm drain purposes and requested that this condition be deleted. He stated that this piece of property should not have to cure all of the problems of. the area. He stated that the tax base on this piece of property,, without. a building on it, has increased from 1.2 million to 3.9 million dollars. Mr. Callahan referred to Condition No., 49, relating to the guest dock facilities, and suggested that ;the wording "after 5:00 p.m." be added. Mr. Callahan urged the Planning Commission to approve the proposed project subject to the original application. He stated that the dedication of three easements on this piece ofproperty is not fair and is not financially feasible. In response to a question posed by Chairman King, Mr. Callahan stated that the architect can redesign the parking lot to satisfy. the City, requirements and. concerns expressed relating to handicapped parking and independently accessible parking spaces. Mr. Callahan stated that the van' system utilized for restaurant personnel works efficiently at their other restaurant facilities. In response to a question posed by Chairman King, Mr. Donald Webb, City Engineer, stated that the walkway which is proposed down the center of the property is an undefined walkway, which could be located anywhere on the site. Chairman King stated that if the boatworks operation is ever removed from the site, the recommended storm drain easement can serve as the 10 foot public access easement between the public sidewalk and the walkway along ,the bay. He -stated that the other public access easement .could be vacated at the time this easement, would take place. Mr. Webb concurred. COM/VMSSIONERS MINUTES February 23, 1984 n � Cr m > . a m " City of Newport Beach a moo ROLL CALL INDEX Mr. Webb stated that the storm drain easement is for sub -surface uses. He stated that the only time that -the surface area would be utilized would be for the actual construction of the storm drain. He also stated that no new structures could be constructed over the storm drain. He stated that installation of the storm drain would be at the City's expense. Mr. Callahan ,stated that the granting of the easement will not allow for any construction to take place on the 10 foot easement. He stated that the area designated for the 10.foot storm drain easement is not conducive or allowed for pedestrian access. Therefore, he stated that an additional easement will be necessary to grant persons access over the property. In response to a question posed by .Commissioner Balalis, Mr. Webb stated that the need for the storm drain was established last. year during the flooding of this area. He stated that the storm drain easement would be located along the westerly property line. Mr. Webb stated that the restaurant itself will provide lateral access along the bayfront, therefore a perpendicular access is necessary in order to reach the lateral access. He stated that this can be accomplished by the 10 foot undefined easement. Commissioner Balalis suggested that this easement could - be vacated at which time it is no longer needed. Mr.. Webb concurred. Mr. Webb clarified that combining the surface and sub -surface easements is not compatible with the existing hoatworks operation. He stated that the combining of the easements could be accomplished when the boatworks operation is removed from the site. He stated that if the boatworks operation continues at this location in perpetuity, an easement is still needed for the pedestrians to gain_ -access to the boardwalk. Commissioner Balalis asked Mr. Callahan if a 10 foot undefined easement for pedestrian access would be acceptable.: Mr. Callahan stated that an undefined pedestrian easement is acceptable. However, Mr. Callahan stated that the storm drain easement places a limitation on the property in .that nonewconstruction can take place over the storm drain easement. -14- C m m CD Cr 3 CD a ;K .) C p ROLL CALL INDEX Mr. Webb stated that the existing structure which would remain on the site, would encroach into the storm drain easement area, which is acceptable.He stated that .the proposed new structure for the restaurant use would not be affected by the easement. He stated that if the boatworks operation were removed and a new structure was proposed, it could' not be constructed over the 10 foot easement. Commissioner Balalis stated that the easement may limit the envelope of the proposed structure, but the easement will not affect the square footage of the structure. He referred to the City's Local Coastal Plan and stated that access to the bay will be required.' He stated that an, undefined easement gives the property flexibility. Mr. Webb suggested thatif the storm, drain. is not constructed within 10 years or additional storm drain easements obtained within the 10 year period to allow for the construction of a storm drain in a different location, the easement, would be relinquished or vacated. Chairman King referred to the storm drain easement `and stated that as a trade-off, the building can be constructed on the lot line. He stated that the pedestrian access is needed to gain access to the walkway on the bay.. in response to a question posed by Commissioner Balalis, Mr. Webb stated that the fair -share contribution for the circulation improvements would be approximately $128.,400. Mr. Webb stated that the contribution to the sound attenuation barrier would be approximately $12,000. Planning Director Hewicker stated that these conditions are addressed in the staff report, however, he stated that staff has. not recommended that these conditions be imposed upon the project. Commissioner Balalis expressed his concern that the fair -share allocation for circulation improvements which may be required of this project, should be applied to improvements in the Mariner's Mile area, rather than placed in a fund for improvements to other areas of the City. -15- COMMISSIONERS � r v m o0 City Of ROLL CALL MINUTES February 23, 1984 art ;Beach In response to a question posed by Chairman King, Mr. Webb stated that the City has required substantial sums of monies from various developments for improvements to the. circulation system, however, he stated that the City has received very little of these monies to date. He stated that these monies are utilized for the purchase of right-of-way acquisition, design and construction costs. He stated that this allows for additional roadway capacity within the City. Mr. Callahan expressed his concern that other projects .of this size in the.areahave not been required to contribute to these funds. He stated that he considers a tax increase from 1.2 million to 3.9 mil -lion dollars, their fair share contribution. Commissioner Balalis stated that many property owners and leasehold interests in the area have been required to dedicate property to the City for circulation system improvements. Planning Director Hewicker -stated that all of the projects which have been required to make fair -share contributions have been projects which have gone, through the Traffic Phasing Ordinance provision of the Municipal Code. He stated the recently approved office building located at East Coast Highway and Avocado Avenue, is now requesting the Planning Commission to reconsider its decision, relating to the circulation system and noise wall contributions. Commissioner Goff stated that although the proposed project may 'contain 3,400 square feet of net public, the total restaurant contains 9,800 square feet and the Boatswain's Locker contains 2,244 square feet for a total of approximately 12;000 square feet. He stated that perhaps a traffic study should have been required of this project. Planning Director Hewicker stated that the requirement for the traffic study is ]based on the net increase of square footage on the site. In response to a question_ posed by Commissioner McLaughlin, Planning Director Hewicker stated that staff has developed a formula: for calculating the fair -share contribution amounts. Chairman King stated that the City Council has been imposing the.fair-share requirements on projects such as the J. M.. Peters development. -16- COMMISSIONERS MINUTES February 23, 1984 � m � City of Newport Beach �osa3o Y p ROLL CALL INDEX Commissioner Kurlander stated that the City Council imposed- the sound attenuaticn barrier requirement on the Allred residential condominium development. He stated that the City Council has been requiring the fair -share and sound attenuation barrier contributions .on other projects In response to a question posed by Commissioner Goff, Mr. Webb stated that adequate funds have not been received to complete the West Newport or Irvine Terrace sound attenuation barriers. Commissioner Balalis stated that -at some point in time, the pedestrian easement can be relocated to coincide with the storm drain easement. Mr. Webb stated that the 'undefined easement will become defined at which time the boatworks operation is removed: In response to a concern expressed by Commissioner Winburn, Mr. Webb stated that there is a difference in the parking space design between valet parking and parking your own vehicle. He stated that parking your own vehicle standards require a 9'foot wide stall which ` may decrease the parking by one space per row, unless otherwise directed. by the Planning Commission. He stated :that valet parking standards allow for 8� foot wide stalls. Chairman King stated that the self parking spaces should be so designated. Chairman King expressed his concern that when compact car spaces are approved on variousprojects, which are only 711 feet wide, it is difficult to enforce or ensure that. only compact vehicles park' in these spaces. Therefore, he stated that 8� foot wide parking spaces would be acceptable on this project with a total of 86,parking spaces, ;on -site or ,off. -site and requiring a minimum of 17 in -lieu parking spaces. Commissioner Goff expressed his reluctance in approving' the proposed project. He stated that because 20 percent of the parking spaces have to be provided in an off -site location," perhaps- the project` is an over intensification of the property. Commissioner Bal.alis stated that the proposed project is located in an area where there is'a Municipal lot nearby. He stated that the proposed project can located its in -lieu parking spaces in a parking lot, which is currently. under utilized. Commissioner Goff concurred. COMMISSIONERS February 23, 1584 m Cr C a c to y� a o m City of Newport Beach ROLL 'CALL Motion All Ayes MINUTES X Motion was made for approval of Use Permit No. 3084, X X X X X subject to the findings, and conditions of Exhibit "A", with the following revisions: Additional Findings No. 11 and 12, and the deletion of Condition No. 48, as, suggested by staff; Condition No. 49 to include "after 5:00 p.m."; Additional Condition No. 57, relating to the relocation of the handicapped parking spaces with the approval by staff; Condition No. 8, to include the provision that the independently accessible spaces be clearly ..designated, and that reduced standard size parking spaces of 83 feet in width are acceptable; Condition No. 2, be revised to require that a minimum of 17 in -lieu parking spaces be provided; conditions relating to fair -share allocation for circulation system and sound attenuation barrier be added; that the 10 foot undefined easement shall be vacated at which time the easement becomes defined under Condition No. 52,° which MOTION CARRIED, as follows: FINDINGS: 1. That all significant environmental concerns for the proposed project have been addressed in a previously certified _environmental document, and further, that there. are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. 2. That based on the information contained in the previous Initial .Study and Negative Declaration, the project incorporates sufficient mitigation measures _ to reduce potentially -significant environmental effects, and that the project will not result in significant environmental impacts 3. That the proposed use is consistent with the. City ' of Newport Beach General Plan and the Local Coastal Plan, and is compatible with surrounding land uses. 4.. The project will not have any significant environmental impact. 5. The Police Department has indicated that they do not contemplate any problems 6. The proposed restaurant use will not preclude the attainment of the objectives for the Mariner's Mile Specific Area Plan. -18- INDEX COMMISSIONERS n x cr a 7C p m G p.= ROLL ' CALL MINUTES February 23, 1984 ity of Newport Beach INDEX 7. That the establishment of tandem and compact car parking spaces in the on -site parking area will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare ofpersons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the ,proposed modification is consistent with the legislative: intent of Title 20 of the Municipal.Code. 8. That the limited use of the off -site municipal parking lot for employee parking will not create undue traffic hazards in the surrounding areas. 9. That the hours of operation of the proposed restaurant and the marine commercial use are such, so as to allow joint use of the on -site, parking facilities. 10. The approval of Use Permit No. 3084 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing' and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. !L_,.That the proposed development will intensify the need for on -site, `on -street and off -site parking in comparison to past and current uses of the development site. 12. That the City of Newport Beach has tentative plans to widen and/or restripe West Coast Highway which may result in loss of on -street parkingand the applicants' proposed development adequately addresses' anticipated' parking needs for the permitted use. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations except asnoted below. -19- COMMISSIONERS m C m c %D m Crcaa�o°-' City Of ROLL CALL February 23, 1984. Newport Beach 2. That a minimum of 17 in -lieu parking spaces (i.e. depending upon the final number of available on -site parking spaces) shall be purchased from the City on an annual basis for the duration of the restaurant use and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. 3. That employees of the restaurant shall be required to park in the municipal parking lot. 4. That any trash areas shall be screened from the adjoining property and from West Coast Highway and. Newport Bay. 5. A wash -out area surrounded by 6-inch curbing or the equivalent and connected directly to the sewer system shall be provided. 6. The -parking lot and all landscaped areas shall be kept clean and properly maintained. 7. Prior to demolition of existing facilities and construction of new facilities, a complete plan for litter and debris control shall be approved by the Planning and Marine Departments to ensure that no debris is permitted to enter Newport Harbor. 8. The use of valets for parking for the restaurant operation only, shall be required during all hours of operation. However, the valet parking service shall not restrict or otherwise preclude the use of a portion of the independently accessible spaces by patrons wishing to park their own car. The independently accessible parking spaces shall be clearly designated. The reduced standard size parking spaces of 831 feet in width are acceptable for.said independently accessible spaces. 9. That a minimum of one parking space for each 40 sq. ft. of "net public area" and one parking space for each 250 sq.. ft. of floor area in the marine hardware building shall be provided. -2.0- MINUTES COMMISSIONERS 3 x r. C W C 0 m c =r a x 0 m g o 3 § � to = w ROLL CALL INDEX 10. Prior to issuance of building permits, the applicant shall agree to participate in a compensation program for the loss of intertidal area which shall be commensurate with the replacement costs of the intertidal habitat, not to exceed $5,000, provided that the City and the various agencies involved in regulation of Newport Bay have established such a program. 11. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 12. A grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 13. The grading permit shall include, if required, a description of haul routes, access routes, access points to the site, and a watering and sweeping program designed ,to minimize impacts of haul operations. 14. An erosion and dust control plan shall be submitted and be subject to approval of the, Building Department. 15. An erosion and siltation control plan, if required, shall be approved' by the California Regional Water Quality Control Board Santa Ana Region: 16. Grading shall be -conducted in accordance with plans prepared by a civil engineer and. based on recommendations of a soils engineer and an engineering geologist 'subsequent to completion of a comprehensive soils and geologic investigation of the site. "Approved as Built" grading plans on standard -size sheets ,shall .:be .furnished to the Building Department. 17. Final site plans shall be reviewed and approved by the Traffic Engineer to ,ensure adequate on -site ' circulation and sight distance. at ingress and egress locations. -21- ROLL C M/VVSS"ERS - MI February 23, 1984 3 x Cr c d m a m >>6_ City Of Newport Beach >m 18. The restaurant shall provide an escort or van system to ensure the safety of restaurant personnel returning to the municipal parking lot after restaurant hours. 19. That the restaurant shall not be open to the public prior to 5:00 p.m. and shall close no later than 2:00 a.m., on a daily basis, except on Sundays or at any other time the boat yard is not open. If the boat yard is not open on Saturday, the applicant shall be allowed to serve brunch. 20. Final design of the project shall provide for the incorporation of water -saving devices for project lavatories and other water -using facilities. 21. Prior to occupancy of any building, the applicants shall provide written verification from Orange County Sanitation District No. 5 that adequate sewer capacity is.available to serve the project. 22. Any mechanical equipmentand emergency power generators shall be screened from view, and noise associated with said structures shall be sound -attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a qualified acoustical engineer and approved by the Building Department. The boat yard crane shall be excluded from such requirements. 23. Prior to occupancy of any buildings, a program for the sorting of recyclable material from other solid wastes shall be developed and approved by the Planning Department. 24. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the propoged construction schedule. (Prior to a. occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan). -22- COMMISSIONERS o � r r m m c ai m Q� sa"pm February 23, 1984 ity of Newport Beach MINUTES ROLL CALL I I INDEX 25. The landscape plan shall be subject to review of the Parks, Beaches and Recreation Department and approval of the Planning.Department. 26. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 27. The landscape plan shall place heavy emphasis on the use of drought -resistant native vegetation and be irrigated via a system designed to avoid' surface runoff and overwatering. 28 The landscapingplans adjacent to the drive entrances shall be reviewed and approved by the Public Works 'Department and. the Department of Parks, Beaches and Recreation for sight distance requirements. 29. The project shall be so designed to eliminate light and glare spillage on adjacent uses. Any, parking lot,lighting shall be subject to approval of the Planning Department. 30. Should any, resources. be uncovered during construction, a qualified' archaeologist or paleontologist shall evaluate the site prior to completion of construction activities, and all work on the site shall be done in accordance with the City Council's Policies K-5 and K-6. 31. That grease interceptors shall be installed on all fixtures where. grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 32. The final design of on -site vehicular and pedestrian circulation shall be reviewed and approved by the Public Works Department and the Planning Department prior to issuance of the grading permit. 33. Signing shall be reviewed by the City Traffic Engineer. 34. Handicap and compact parking spaces shall be designated by a method approved by the City Traffic.Engineer. -23- COMMISSIONERS X i � m m c 0 �a50 Ci >>> a ROLL CALL February 23, 1984 of Newport Beach MINUTES INDEX 35. The layout of the surface and structure parking shall be subject to further review and approval of the City Traffic Engineer. 36. The parking arrangement during the construction period shall be approved by the City's Planning Department and Traffic Engineer prior to issuance of any grading and/or building permit(s) should the applicant desire to continue operation of the existing facilities during the construction period. 37. All on -site drainage shall be approved by the City Public Works Department. 38. Prior to issuance of building and/or grading/demolition permits, the Planning Department shall approve a signing program for the proposed project.. 39. A weekly cleanup program around the docks and public walks shall be conducted on a regular basis. Construction basins or other devices shall be installed to prevent waste from getting. into Newport Bay. 40 An Army Corps of Engineers permit shall be obtained prior to any reconstruction of bulkheads. 41. That all improvements be constructed as required by 'ordinance and the Public Works Department. 42. That an engineering report on the existing bulkhead be prepared by a civil or structural engineer, and that the bulkhead be upgraded in conformance with; the recommendation of the engineering report and ,to the satisfaction of the Building. Department and the Marine Department. The top of the bulkhead sha: 1 maintain a minimum elevation of 9.00 above M.L.L.W. (6.27 M.S.L_). The design of the new portions of the bulkhead and ramp shall be approved by the Marine Department and the Building Department. -24- i COMMISSIONERS 3� � m m r m 'd m c m � 7C G3 o d c m 7 3..j *I to .'�..'O, ity of February 23, 1984 t Beach ROLL CALL INDEX 43. That a 10-foot wide easement be granted to the City along the bay frontage so as to provide unobstructed public access across the entire project (except in front of the boat launch). , Said easement shall also include the 10 foot wide walkway along a portion of the easterly side property line which returns to the existing bulkhead dine from the public walkway in front of the restaurant. Said easement shall be; improved with a concrete walkway or. other material meeting the approval of the Public Works and Planning Departments. In.addition, an irrevocable offer of future dedication for a 10 foot wide access easement shall be granted to the City. Said easement shall be located adjacent to the bulkhead line and in front of the boat launch area and shall be exercised only if the marine repair and crane operation is discontinued. With respect to the public access easements to be granted by the applicant, the City and the applicant shall enter into an agreement approved to in form by the City Attorney, that will allow applicant or his employees to -restrict access to or travel along the easement during the:operation of the boat yard when necessary to preserve public safety.`, 44. That a public access easement shall be granted to the City so as to provide unobstructed public access from the sidewalk on West Coast Highway to the walkway on the bay. Said easement shall be located and improved in a manner meeting the approval of the Public Works and Planning Departments.With respect to the public access easements to be granted by the applicant, the City and the applicant shall enter into an agreement approved to in form' by the City Attorney, that will allow the applicant or his employees to restrict access to or travel along the easement during the operation, of the boat yard when necessary to preserve public safety. The undefined public easement -shall be vacated at which time the _storm drain easement becomes defined under Condition No. 52. 45. That full width concrete sidewalk be constructed along the West Coast Highway frontage and that any unused drive ,depress ions shall be removed.and -25- COMMISSIONERS - MINUTES February 23, 1984 m City of Newport Beach p m O ROLL CALL INDEX replaced with curb,gutter and sidewalk. That all improvements along West Coast Highway be completed under an encroachment permit issued by the California Department of Transportation. 46. That a standard use permit agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a .building permit prior to completion of the public improvements. 47. That the applicant agree to the removal of the on -street parking across the property frontage (approximately 3 parking spaces). 48. Deleted by the Planning Commission. 49. That a maximum credit of four parking spaces shall be given for the proposed four guest dock facilities. Should the guest docks be used for any use other than guest docks for the restaurants the owner shall be required to provide four parking spaces in a location meeting the approval of the Planning Commission, or reduce the net public area of the restaurant accordingly after 5:00 p.m. 50. That the applicant recognize that at some time in the future, upon the implementation of the Local Coastal Plan, signage will be required on the required access easements. 51. That all conditions of the previously approved Coastal Development Permit 5-82-12 shall be fulfilled. 52. That a 10 foot storm drain easement be granted to the City along the westerly property line. The existing structure may remain in the easement area. If the boatworks are removed from the site, thiseasement can serve as the 10 foot public access easement between the public sidewalk and the.walkway along the bay. -26- COMMISSIONERS MINUTES February 23, 1984 r-, 10.0 m a m City of Newport Beach ROLL CALL INDEX 53. That the proposed structure shall, not exceed the 26 foot basic height limit in the 26/35 Foot Height Limitation District. 54. That the, Planning Commission may add and/or modify conditions of approval to this use permit, or recommend .to the City Council the revocation. of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the 'community. 55. Prior to the issuance of any Building Permits authorized by the approval of this use permit, the applicant shall deposit with the City Finance .' Director the sum proportional to the percentage of future additional traffic related to the project in the subject area, to be used' for the construction of a sound attenuation barrier on the. southerly side of West Coast Highway in the West; Newport Area, and in the Irvine Terrace and Jamboree Road areas. 56. Prior to the issuance of any Building and/or Grading Permit, the applicants', shall pay their "fair -share" of Circulation Systems Improvements for the ultimate circulation system., 57. That the required handicapped:parking spaces shall be independently accessible and shall be locate& closest to the restaurant.entrance. The Planning. Commission recessed at 9:15 p.m. and reconvened at-`9:20 p.m. -27-. .. COMMISSIONERS MINUTES February 23, 1984 3 � � r m aX " m City of Newport Beach O O 3 O ROLL_ CALL INDEX Use. Permit No. 3085 (Public Hearing) Item #6 Request to change the, operational characteristics of the existing Charlie's Chili Restaurant in the C-1 District _so as to add theserviceof beer and wine. LOCATION: Lot 7, Block 20,:First Addition, Newport Beach Tract, located at 102 McFadden USE PERMIT Place, on the northeasterly corner of NO.3085 West Ocean.Front and McFadden Place, in . McFadden Squares ZONE: C-1 APPLICANT: Charlie"s'Chili Corp., Costa Mesa APPROVED' OWNER: Walter V. Racker, Jr., Jamul, California CONDI- TIONALLY Commissioner Person stated that due to a possible conflict of interest, he would not be participating or voting on this item. The public hearing opened in connection with this item and Mr. Peter Torre, representing Charlie's Chili Corporation, appeared before the Commission, and requested approval of this item. Mr. Torre referred to Condition No. 2, and stated that permission was obtained by the City, in 1978 for the trash and outdoor storage area. Chairman King stated that this is.a standard condition, .which apparently the applicant has already complied with. Motion Motion was made .for approval of Use: Permit No. 3085, .. Ayes X X X subject to the findings and conditions of Exhibit "A", Abstain X which MOTION CARRIED, as follows: FINDINGS: 1. The proposed restaurant is consistent with the General Plan and. the Adopted Local Coastal .- Program, Land Use Plan, and is compatible with surrounding land uses. -28- CITY OF NEWPORT BEACH C UNCIL ME B IRS REGULAR COUNCIL MEETING MINUTES PLACE: Council Chambers TIME: 7:30 P.M. Fon DATE: October 25, 1982 Pni i rei i �'„ Proclamation was, presented by Mayor Heather, and resolu- tion was presented by Assemblywoman Marian Bergeson to Jeffrey Wieser in recognition of his recent act of heroism.. Present x x x x x x x A. ROLL CALL. Motion x • B. The reading of the Minutes of the Meeting of All Ayes October 12, 1982,,was waived, approved as written, and ordered filed. Motion x C. The reading of all ordinances and resolutions under All Ayes consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: T. Mayor Heather opened the public hearing on the Vac/Abandm/ City's intention to vacate and abandon excess right 28th St of -way on 28th Street, between Newport Boulevard Excess R-O-W and Balboa Boulevard resulting from street realign- (90) ment Report from the Public Works Department, was pre- sented. Hearing no one wishing to address the Council, the public hearing was.closed. Motion All Ayes x Motion.was made to adopt Resolution No.'82-140 Res 82-140 ordering the vacation and abandonment of excess right-of-way on 2'8th Street between Newport Boule- vard resulting from street realignment; and to direct the City Clerk to have the resolution recorded by the Orange County Recorder.. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: Motion X. The following actions were taken .as indicated, except All Ayes for those items removed: 1. ORDINANCES FOR INTRODUCTION - Schedule for•Public Hearing on November 8, 1982: (a) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION; (a) ..Resolution'No. 82-141 authorizing the Tfk/Signals Traffic Engineer to apply for a Grant 'from & Signs the California Energy. Commission under Res 82-141 their Fuel Efficient Traffic Signal Grant (85) Program for local governments.' (Report from Public Works) (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar. Volume 36 - Page 307'. CITY ' OF NEWPORT BEACH C UNCIL ME 8 RS tiG � tp cane i res r „ AN October 25, 1982 MINUTES i a ncv 3. CONTRACTS/AGREEMENTS: (a) Award Contract No. 2351 to Damon ConIstructio ariners Prk/ Company for'$19„544 and authorize the Mayor Eastbluf and City Clerk to execute the contract re- Sdwlk Rplcm garding sidewalk replacement adjacent to C-2.351 Mariners Park and in Eastbulff. (Report (38) from Public 'Works) (b) Award Contract No. 2350'to Del Val Inc'., for Balboa B1/ $20,240 and authorize the Mayor and City Pavmt Sbslg Clerk to execute the contract regarding C-2350 Balboa`Boulevard`pavement subsealing. (Re- (38) port from Public Works) (c) Authorize the Mayor and City 'Clerk `to Theatre Arts/ execute an'Agreement (Contract No. 2349) Yeo for engineering services with Ron Yeo, FAIA C-2349 Architect, Inc., for design services for (38) improvements to the Theatre Arts Center. (Report from Public Works) 4. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. (b) To Utilities "Department'for inclusion in Utilities the records', Cancer Research Institute, (89) University of California, Irvine, informa- tion regarding national meeting on hazards" of ingested asbestos, (c) Removed from the Consent Calendar. (d) To the Planning Department for reply, Ping Dpt/ request from Susan Langley regarding clari- "Fun Zone" fication of future plans for the "Fun 'Zone." (68) (e) To the Pending Legislation and Procedural- Legislation Ethics Committees (48) 1) Proposed resolution of City of 'Santa Ana regarding policy to reduce undocu- mented (illegal) immigration; and 2), Resolution of City of Stanton support- ing passage of a weight -distance tax in the State of 'California. (f) To Planning Department for inclusion in the Ping Dpt/ records, letter from Kathy Kirrene regard- Back Bay Dev ing property development across from Back (68) Bay. (g) To the Planning; Commission for considera- P/C-StNameChg tion, request for street name change (22nd (83) Street to Santiago Drive) from Roger W. Luby, Carol Blakeslee, who is representing Mr. Lu.by, with attached signed petition from residents polled in the vicinity.' Volume 36 - Page 308 CITY OF NEWPORT REACH C UNCIL ME 8 IRS MINUTES ti ,0 R(ll 1 r i I .n An nPtnhPT 95_ 1QR2 (h) To. the Santa Ana Heights Annexation Ad Hoc Annex/SAnaHgt Committee for consideration, request, of (21) Mariners Community Association President that the City seriously consider.the annexa- tion of Santa Ana Heights. (i) To the Executive Assistant for inclusion in O/C -John Wyn the records, letter from Mariners Community Arpt Association regarding the City's continuing (54) efforts to fight/oppose expansion of John Wayne Airport. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Correspondence from Al "King Alfonso" Lizanetz, `together with responses from Arizona State House of Representatives, com- mending him on his honesty and perseverance in his ongoing campaign against crime and environmental pollution. (b) Minutes of ,Local Agency Formation Commis- sion, Orange County, for September 22, 1982. (c) AREA IX Development Disabilities Board, Tustin, bulletin regarding voter education -- key issues on developmental services. (d) Notice of Application No. 82-09-48 filed with Public Utilities Commission regarding Trailways, Inc. and American Buslines, Inc., to increase passenger fares and express charges by approximately 8%. 6. CLAIMS FOR DAMAGES - For denial and confirmation of City Clerk's referral to the claims adjuster:, .(a) State Compensation Insurance Fund for StCompInsFd/ Barbara A. Ballin,claiming personal injur- Ballin ies alleging she stepped into small un- covered manhole resulting in right leg -torn lateral cartilage, on July 22, 1982, in vicinity of Newport Center Drive. (b) Kay Bowyer for personal injuries, as a Bowyer result of traffic signal phasing at the intersection of Jamboree Road and MacArthur Boulevard on August 13, 1982. (c) Suellen Ann Coen for property damage as a Coen result,of accident with City police vehicle at Riverside and Coast Highway on May'21, 1982. (d) Gary Granman alleging personal injuries Granman . as a result of assault and battery charge at Pacific Coast Highway on July 4, 1982. (e) Howard W. Jadwin seeking reimbursement of Jadwin towing charges involving incident at Oasis Multipurpose Senior Citizens Center on October 4, 1982. Volume 36 - Page 309 CITY OF: NEWPORT BEACH COUNCIL MEMBERS pni i r•Ai i J' F`-� October 25. 1982 MINUTES INDEX (f) Joan Jamieson seeking reimbursement of Jamieson clothing costs, alleging tiers were dis- colored while in. dressing room at Corona del Mar State Beach on October- 13, 1982. (g) All State Insurance for Alvin Lesser alleg- All StIns/. ing property damage and personal injuries Lesser resulting from collision with City vehicle at Robertson Boulevard, near. Olympic Boule- vard, Beverly Hills on September 28, 1982. (h) Frederick P. Pon.zio alleging property damage Ponzio to vehicle as a result of backhoe backing into his vehicle during construction of water main replacement project, Contract No. 2221, Gabi Construction Company, on. 5th . Street near Narcissus on June 30, 1982. (i) Julie Ann Rosen alleging property damage to Rosen vehicle as a result of collision with City refuse truck at Vista Nobleza and Vista Del Oro, on July 1, 1982. (j) Dorothy Seiler seeking reimbursement of tow- Seiler ing charges, alleging she had taken care of unpaid parking violations/towing charges previously, but car towed a second time on September 21, 1982. (k) Russell A. Lazicki alleging personal injur- Lazicki ies as a result of contact with exposed electrical wires while swimming adjacent to private bay pier- at 2140 E. Balboa, on August 16, 1982. (1) Randy Lee Blackford for alleged wrongful Blackford arrest by City Police Department on July 4, 19821P at 14th Street. 7. SUMMONS AND COMPLAINTS„ None. 8. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (Report from the City Manager) (a) One Electrical Leadman, Utilities Depart- ment. (b) One Business License Inspector, Finance Department. 9. STAFF AND COMMISSION REPORTS: For Council information and approval - (a) Removed from the Consent Calendar. (b) Report from Parks, Beaches and Recreation PB&R Director regarding ACCEPTANCE OF DONATION (62) OF SABOT AND RIGGING FROM MR. NIL OLESTEN. Volume 36 - Page 310 CQUNCIL M ROLL CALL CITY OF NEWPORT BEACH MINUTES October 25, 1982 INDEX For Council information and filing - (c) Report from Assistant to the City Manager CATV/CCb1Vsn. regarding COMPLIANCE OF COMMUNITY CABLE- (42) VISION COMPANY WITH AMENDMENTS XO MUNICIPAL CODE CHAPTER 5.44, "COMMUNITY ANTENNA TELEVISION." 10. PUBLIC HEARING SCHEDULING - November 8, 1982: (a) Removed from the Consent Calendar. 11. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION NO. 642 Re sub 642 LOT 15, TRACT NO. 1237 - Accept the public improve- (84) ments constructed in conjunction with Resubdivision No. 642; and authorize the City Clerk to release the Faithful Performance Surety in the amount of $800 cash. (Report from Public Works) 12. ACCEPTANCE OF 'IMPROVEMENTS IN RESUBDIVISION NO. Resub 669 669 - Accept the public improvements constructed in (84) conjunction with Resubdivision No. 669, parcel 1 of parcel map 87-50 (Resubdivision No. 531), located at Quail Street between Spruce Avenue and Dove Street in the Newport Place Planned Community; authorize the City Clerk to release the Faithful Performance Surety in the amount of $1,688.cash (deposited into Account No. 0221702 on March 9, 1981);, and release the Labor and Materials Bond. (Certificate of Deposit No. 336722) in six months provided no claims have been filed. Certificate of Deposit No. 336722 is filed with Resubdivision No. 531. (Report from Public Works) 13. '1982-83 WATER MAIN RELINING PROGRAM, CONTRACT NO. '82/83 Wtr 2353 - Approve the plans and specifications; and Main Ring authorize the City Clerk to advertise for bids to C-2353 be opened at 11:00 a.m. on November 10, 1982.. (38) (Report from Public Works) 14.. APPROVAL OF THE FOLLOWING HARBOR PERMIT APPLICA- Harbor Perm TIONS SUBJECT TO CONDITIONS LISTED IN STAFF REPORT:(51) (Report from Marine Department) .(a) #105-2307 by Jim Bridges to build a cantilevered deck at 2307 Bayside Drive; (b) 91114-334 by Spencer Richardson to con- struct a pier and float at 334 Buena Vista; and (c) #129-2431 by Boatswain's Locker Invest- ment Company to revise the commercial docks'at.2431 West Coast Highway.. 15. BUDGET AMENDMENTS - For approval: BA/(25) BA-040, $1,130.00, Transfer of Budget Appropria- tions fqr Special Refuse Pickup for Lido Isle on October 30, 1982;.General Services - Refuse Fund. BA-041, $17330.09, Increase in Budget Appropria- tions (recycling last year's appropriations) for Bicycle Trails Program to construct miscellaneous concrete improvements; General Fund - Bicycle Trails Program. Volume 36 - Page 311 CITY OF E PORTr R ACR COUNCIL ME B EJRS Rnl I r I I �n �� October 25, 1982. MINUTES INnFY G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Citizens Traffic Advisory Committee Tfk/Balboa regarding study to examine the feasibility of Pnsla Shuttle implementing a SHUTTLE BUS SERVICE ON BALBOA Bus PENINSULA, was presented. (85) Motion x Motion was made to approve the Committee's recom- Al 1 Ayes mendation; direct the staff to prepare a scope of work for subject study; and an estimate of its cost, with "hasty priority." 2. A letter from Charles and Mary White regarding GPA 82-1 General Plan Amendment No. 82-1 (North Ford), was (45) presented. Motion x Motion was made to direct the staff to reply to All Ayes the subject letter„ advising that this item has been.referred back to the Planning Commission for public hearing,. 3. Proposed Ordinance amending Title 15 of the Newport Bldg/DevAgm Beach Municipal Code by adding Chapter 45, Sections (26)'/(68) 010 through 090 thereto establishing procedures and requirements for the adoption of development agree- ments.and ordering a public hearing thereon, with a report dated September 27, 1982, from the Plan- ning Department, was presented. Motion x Motion was made to introduce Ordinance No. 82-30 All Ayes and schedule public hearing thereon for November 22, 1982. 4. Proposed resolution authorizing the acceptance Pkg/Off-Site of an Off -Site Parking Agreement with Magic Island, Magic Is Newport Beach, for a portion of the required park- U/P 1956 ing spaces to be provided at an existing parking (88) lot located at the northeasterly corner of Finley Avenue and Clubhouse Avenue, Newport Beach (Use. Permit No. 1956 (Amended)), with a report from the Planning Department, was presented. Motion x Motion was made to adopt Resolution No.`82-142, All Ayes with the condition of approval, that the applicant be required to lease the parking lot for the period as set forth in the staff report. 5. GENERAL PLAN AMENDMENT 82-1(H), a request initiate GPA 82-1(H) by the City of Newport Beach to amend the Housing (45) Element of the Newport Beach General Plan to update the program objectives to reflect Housing Element implementation progress since the adoption of the Housing Element, with a report from the Planning Department, was presented. Motion x Motion was made to schedule public hearing on All Ayes GENERAL PLAN AMENDMENT 82-1(H) for November 22, 1982. Volume 36 - Page 312 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES R(ll Al11 I� G�?nAN Mrr.}.cr 9S lop,) iunw 6. A request from West Newport Beach Association for PW/Flood prompt installation of flood gate at mouth of storm Cntrl drain terminating in Channel Park, was presented. (74)' The Director of Public Works advised that the pro- posed project is included in the 1982-83 budget at an estimated cost of $64,000. The work is scheduled for construction in the Spring following the rainy season. Motion x Motion was made .to direct the staff to coordinate All Ayes efforts with the General Services Department as an interim measure with respect to avert flooding during the winter rains, and that a letter be sent to the West Newport Beach Association advising them• of the current status of this project, and the Cityls objectives. 7. Proposed resolution consenting to the assignment Balboa Bay by International Bay Clubs, Inc., of its interest C1b Lshld/ in the Balboa Bay Club Leasehold for purposes of Intrntl Bay financing, was presented with a report from the Clb, Inc. City Attorney. C-1473 (38) Motion x Motion was made to adopt Resolution No. 82-143, as revised by the City Attorney, and discussed earlier in the study session. Thomas O'Keefe, Attorney for the Balboa Bay Club, addressed the Council; stated that the current motion reduces the amount of authorized debt from the Council°s prior authorization; and questioned if the revised language in the resolution reflected this change. The City Attorney replied in the, affirmative. All Ayes The motion was voted on and carried. H. ORDINANCES FOR ADOPTION': 1. Ordinance No. 82-29, being, Ord'82-29 Garbage/Sntn AN ORDINANCE OF THE CITY OF NEWPORT BEACH (44) ADDING SECTIONS .025 AND .095 TO TITTLE'6, CHAPTER .04 OF TILE NEWPORT BEACH MUNI.CI.PAL CODE DEFINING THE USE AND REQUIREMENTS OF COMMERCIAL REFUSE BINS, was presented for adoption, with report dated August 23, 1982, from the Newport Beautification Citizens Advisory Committee. Motion x Motion was made to adopt Ordinance No. 82-29. All Ayes I. CONTINUED BUSINESS: .1. ENVIRONMENTAL QUALITY CITIZENS ADVISORY COMMITTEE. EQ/CAC Motion x Motion was made to defer (District 4) Mayor All Ayes Heather's appointment to fill the unexpired term of Lucy de Mocskonyi (ending December 3I.,-1982), to November 8, 1982. Volume 36 - Page 313 CITY OF NEWPORT _E C C UNCIL: ME B IRS MINUTES R(iI I r I i A -10 October 25_ 1982 - 111WQA J. CURRENT BUSINESS: 1. APPEAL FROM DENIAL OF AN APPLICATION BY LEON J. Levitz/Apl LEVITZ to improve a portion of the Ocean Front Permit Street End of 'Walnut Street, was presented. (65) Report from the Public 'Works Department was pre- sented, wherein it was pointed out that Council Policy L-10, "Private Encroachments in Public Ways Ending at Ocean Front at Newport Bay" allows unim- proved Ocean Front street ends to be improved, subject to certain conditions spelled out in the policy. One condition is that the improvements will extend from the nearest street, or alley improve- ment to the northerly line of Ocean Front. The subject application is to improve only 23 feet of the 75 feet from the alley to Ocean Front at Walnut Street. The City Manager noted that the Public Works Depart- ment and the Parks, Beaches and Recreation Depart- ment have no objections if the landscaping improvements do not extend the length of the lots. If a change in the policy is desired, an amendment can be prepared for discussion at a future meeting of the City Council. Tyr. Herbert Whitley, 104 Walnut Street, addressed the Council and stated that he resides at the corner where the improvements will be made and that he also represents the applicant, who could not be in attendance. He advised that Mr. Levitz will accept all responsibility and payment of all improvements. Gene Kraus, 6502 W. Ocean Front, contractor for the proposed improvements, stated that pursuant to Council Policy t-10, the improvements will be installed at the expense of adjacent property owners, He advised that one of the property owners was an invalid and could not share in the cost of the improvements. He spoke in support of improving the street end and urged favorable consideration. Al Feldman, resident in the immediate area, stated he lives in front of Mr,. Levitz and felt the improvements would beautify the area. Motion x Motion was made to grant the subject application, and bring back 'Council Policy L-10 (page 3, sub- section 2-g) at a future study session for recon- sideration. Motion All Ayes x Substitute motion was made to grant the subject application and bring back Council Policy L-10 (page 3, subsection 2-g) for reconsideration at the next regular meeting. Volume 36 - Page 314 CITY OF NEWPORT REACH COUNCIL MEMBERS MINUTES Rnl I ('m I '� M� .- octnhpr 25_ 19R9 2. Report from the City Manager regarding COUNCIL Council POLICY REVIEW, was presented. Policy (69) Motion x Motion was made to approve modifications to Council All Ayes Policies A-1, E-2, H-1, I-5, L-1, L-2, L-3, L-4 and L-5. K. ADDITIONAL BUSINESS: Mo do n x 1. Motion was made to not hold a City Council meeting All Ayes on December 27, 1982, and to adjourn the December 13, 1982 City Council meeting to 4 p.m., January 4, 1983 for the seating of the new Council. 2. In response to inquiry by Council Member Hummel, Ken Delino, Airport Coordinator, advised that a meeting of the Noise Abatement Committee would be held October 26 at 1:30 p.m. at the Fire Station at John Wayne Airport. He stated this was a routine monthly meeting; however, he did notify the local citizenry should they desire to attend. He stated he would be present to represent the City and the meeting was open to the public. The meeting was adjourned at 8:15 p.m. Volume 36 - Page 315 Property Address:' T JAlk] `S _Lbc_eEz D-4-5-—M-6,14 �Q 2L31 UJV2,: CCA —r U.42� X K 14, CA Legal Description: OF 1. O Zone: AT � 2 [ W C' 11 HVJ ,PPAZX 290 "f kS' aQY u,� -L 57 � Applicant: AWE -70r C-TT41� 04AQ-T rl=icant's Mailing Address:2 1.A Y�1C L3LV'O : l )CCI C� �i Anolicant's Telephone Number: �7IU � +�4--31I2 -JOHN C PAtJ — DO NOT COMPLETE APPLICATION BELOW THIS LINE 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 o They comply with the current adopted City of Newport Beach General Plan, Zoning -Ordinance, Subdivision Ordinance, andany applicable specific or precise plans or �� Qm + 202g T„at a variance or exception has been approved and is f�na..�Q � � -A copy of any variance, exception, conditional use permit, or other issued permit is at- tzched together with all conditions of approval and all approved plans including approved t,ntativ: tr ,t maps. On the basis of this finding, these plans are approved in concept, avid said 4p.roval has been written upon said plans, signed, and dated. Should this City adopt an ordinance deleting, amending, or adding to the Zoning Ordinance or othG„ 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 iaie effective date of this said ordinance. In a;;cordance with the California Environmental Quality Act of 1970, and state and local guidelines adopted thereunder, this development: o fi - een determined to be ministerial or categorically exempt. Has received a final Exemption declaration or final Negative Declaration (copy attached) o Has received a final Environmental Impact Report (copy attached). l l discretionary approvals legally required of this City prior to issuance of a building permit have been given and are final. The development is not subject to rejection in prin- cipal by this City 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 wrtaPMEW is Ct RU N Date: DEPA MENT a Di Attachments: _ NOTE: No building permit will be issued until approval is received from S.C.R.C. i COMMISSIONERS (aMINUTES ::"tober 29 , 1981 D DRAFT 5 (Q X y C,ty of Newport p Beach ROl L CrAl.l INDEX Ayes X X X Noes 111XI Abstain in Motion by Commissioner King to formulate an ad -hoc committee, was now voted on, which MOTION CARRIED. Chairman McLaughlin stated that the ad -hoc committee shall consist of the following members: Commissioner King; Commissioner Allen; members of staff; the, applicant; a Park Lido Association representative; the tenant association representative - Mr. Gerald Van Gemert; Mediterranean Apartment representative - Mrs. Gray; Newport. Heights Community Association Pat Strang; and, Ms. Suzanne McBrien as an alternate. Planning Director Hewicker stated that these people will be notified of their membership on the committee. He stated that staff will also notify the adjoining residential areas of the committee hearings. The Planning Commission recessed at 8:45 p.m. and reconvened at 8:55 p.m. r Request. to permit the construction of a restaurant Item #5 facility with on —sale alcoholic beverages located in the Recreational Marine Commercial area of the Mariner's Mile Specific Plan Area. The proposal also includes a modification to the Zoning Code so as to USE PERMIT allow the use of tandem and compact car spaces with N . 2025 valet service for a portion of the required restaurant parking spaces, and a request to pay an annual in -lieu fee to the City for a. portion of the required restaurant parking spaces, to be located in a future APPROVED municipal parking lot. The proposal also includes the- rONuI- acceptance of an environmental document. TIONALLY, LOCATION: A portion of Lot H, Tract 919., located at 2431 West Coast Highway on the southerly side of West Coast Highway approximately 290 feet easterly of Tustin Avenue. ZONE: SP-5 -8- EMN ►MMISSIONERS *-4? Q G1 stober 29, 1981 of Newoc APPLICANT: CHE, Inc., (The Chart House) La Jolla OWNER: Same.as applicant MINUTES The -public hearingopened in connection with.this item and Mr. John Callahan, representing The Chart House Restaurant, delivered: a slide presentation which depicted existing Chart House Restaurants in California.. He stated that the project will be compatible with the area, in that the are proposing to move: the existing restaurant across the street. He stated. that the architecture of the restaurant will blend with the existing working marina. He stated that it is written into their lease, that the restaurant will not serve lunches. Mr. Callahan referred to Condition of Approval No. 2, relating to in -lieu parking and stated- that he would like to be advised as to when the new rate will take effect in the future.. Mr. Callahan referred to Condition of Approval` No. 8 and stated that the. word "restaurant" should be included when referring to the valet parking. Mr. Callahan referred to Condition of Approval No. 10, relating to the intertidal area, and stated that they would replace the amount of cubic feet from the Back Bay area, at a later time. Commissioner Beek asked Mr. Callahan if he would rather fund a bio-assay." Mr. Callahan stated that this would not be agreeable, because they do not anticipate upon utilizing mush of the fill. Mr. Callahan referred to Condition of Approval No. 19_ and requested that the hoursof operation berevised to reflect the appropriate hours for a Sunday brunch, ` in that the boat yard would not be. in operation on a Sunday. Mr. Callahan referred to Condition of Approval. No. 44 and stated that granting a 10-foot easement to. the City along the bay.frontage,. presents a problem. He stated that. such an easement would result in adverse affects to public health and safety, in that. the 30-ton crane mm COMMISSIONERS MINUTES �,.aober 29, 1981 y City of Newport Beach ROI 1_ C-Al < INDEX will be; in operation in the working marina. He stated that they are agreeable in providing the required walkway as a condition of the. use permit, to permit public accesswhich would. be under the control of the applicant_ Mr. Callahan referred to Condition of Approval No. 22 and stated that they have no objections.to the required screening, as long as. the crane is not required to be screened. Mr. Callahan referred to Condition of Approval No. 50 and stated. that the guest dock area will be cleared at 5:00 p.m. for the proposed use. In.response to a question posed by Commissioner Allen, Mr. Callahan stated that the top of the roof will be screened and unoffensive. Mr. Ken Kellogg, architect for the project, distributed new plans to the Commission for their review.. He stated that the structure will contain approximately 7,400 square feet. Commissioner. Allen asked for staff to comment on the bay frontage walkway issue. Planning Director Hewicker stated that the walkway as initially proposed, would be a public walkway atthe water level in front of the project, and eventually connect to existing uses on the bayfront. He stated that in -lieu of a floating walkway on the water, staff has suggested that there be an elevated walk more at the restaurant level, so that it could eventually connect with the Cano Restaurant property on the east. Mr. Callahan stated that it will be difficult to_ control the walkway portion which will be in the working marina area. He stated that they must have control of this walkway portion for health and safety reasons. Commissioner Balalis stated.. that he can understand the. concern thatthe public walkway isprotected and does not interfere with the boat yard operation.. He suggested that the applicant provide an easementup to said work area, and that the boat yard owner provide an -10- 1 I 1 s COMMISSIONERS Cr.. > ROIL CALL sober 29, 1981 Of Beach MINUTES irrevocable offer to dedicatean additional segment in front of the boat yard, inthe event the boat yard use should ever change.. He statedthat in this way, the applicant.' s easement would be protected fromthe: boat yard's easement. Planning Director. Hewicker stated that in order for the public to be guaranteed the right-of-way, there has to be a granting of a public easement. Mr. Hank: Hill, owner of the boat yard in question, stated that a. boat yard: is a potentially high risk operation.- He, stated that a public walkway can be utilized,. only if he can control. the access. He stated that some of: the equipment utilized'- in - his boat yard operation can present a potential hazard to the public, if he: can not control the access of the public walkway. Commissioner Balalis suggested thatthe public easement be granted, along. with >necessary controls to allow for the public health and safety.. Mr. Bob Burnham, Acting City Attorney, stated that, the property ownercould, grant, the easement,_ whereby the City would enter into: an agreement with the property owner that would allow the property owner to exercise controlfor the protection of the public safety. Mr. Callahan stated that this would be agreeable. Commissioner,winburn asked Mr. Hill to explain how the maintenance of the boatswill be handled, after the restaurantis built.. Mr. Hill stated that after the restaurant is built, the extensive boat: work will be taken to Costa. Mesa 'or Irvine for spray painting and sandblasting. Commissioner Winburn referred to Condition of Approval_ No. 38 and. asked how much- the applicant will have to deposit for the sound attenuation barrier. Planning Director Hewicker stated that there has not been a determination made as to how costs will be assigned for individual projects. He stated that possibly, the fair share cost will be based upon a. traffic assignment, or a square footage basis., He statedthat the. Commission has. applied this- same idea to the traffic circulation- improvement fund.. Commissioner Balalis stated that he would be opposed to such a sound attenuation barrier fund for this commercial area and this project_ -ll- INDEX ` COMMISSIONERS e.MINUTES _.�ober 29, 1981 _ Cr foN N City of Newport Beach ROIL CALL INDEX Commissioner Thomas asked if this is the first project whichproposes to build out over the water to the bulkhead line_ Planning Director. Hewicker stated that the Ancient Mariner Restaurant to the west, is built. out to the bulkhead line. Commissioner Thomas asked if there will be any net loss to the slip spaces. Planning. Director stated that the current slip spaces are used in conjunction with the boat yard operation. Mr. Hill stated that a large fairway area will be gained by this proposal. He further stated that there will be no loss of linear footage of boat docks. Mr.. Ken Wilson, resident of 2505 West Coast Highway,, stated that this proposalwill maintain the marine flavor of the area and enhance the beauty of the bay area. Mr. Joseph Minney, representing Josh Slocum's Restaurant on West Coast Highway, stated that he is in favor of this proposal, because it willmaintain a portion of the marine industry on the bay`. Mr.. Jeff Jones, business owner in the area., stated that he;.is in favor of this proposal. Mr. Gordon Barienbrock, property owner in the area, stated that he is, in favor of the proposed restaurant and ship yard. He stated that a dedicated easement has legal implications and asked if this easement can be a condition of the use permit. Commissioner Balalis stated that the Commission is trying to create a public.. walkway for access to the bay. He stated that the easement process is the best way to handle- this situation. Mr. Barienbrock stated , that a public walkway for a restaurant use is a. great idea, but not so for a ship yard operation. Mr. John Vallely,resident of 2042 Commodore Road, stated that without such a dedication, there will be broken walkwaysaround the bay wherever boat cranes are in operation. Commissioner-Balalis stated. that boat yard operations- do present hazards to the general public. He stated that by requiring an irrevocable offer to dedicate, in the event, the crane operation is ever removed, is the solution to: the problem. -12- a COMMISSIONERS c j FD G �.ctober 29, i981 of Newport Beach MINUTES ROLL CALL. INDEX Mr. Vallely stated. that by requiring: such easements,. owners of waterfront properties, willbecome inlandlot owners and: will not have direct access to the waterfront. Commissioner. Thomas, stated that. the California Constitution,, directed through. the Coastal Act,states, that access to the waterfront shall not be denied. Commissioner Balalis. stated that thegranting of such, an easement, does not. preclude the owner from theuse of suc# easement, or the rights of the water. Motion X Motion was made- for approval of Use Permit No. 2025, subject to the following findingsand revised conditions, including the acceptance of an environmental document. The revised conditions shall - be as follows: Condition No. 8 shall. refer to the restaurant operation only; Condition No. 19 shall state, except on Sundays or at any other time the boat yard is not open, if the <boat yard is not open on Saturday,,_ the: applicant shall be allowed to serve brunch; Condition No.. 2 should state on an annual basis,. or in the event the:parking structure is built a. one time purchaser fee, not to exceed' $10,000 per parking space; Condition. No.. 38 for the sound' attenuation barrier shall. be deleted; Condition No. 44 to provide for the 10 foot easement and the irrevocable offer to dedicate and to allow for control by the applicant for the public safety; Condition No. 10 shall state that: the compensation shall not exceed $5,000; Condition No. 49, relating to the proposed municipal parking lotshall be deleted; Condition No. 22 shall exclude the crane from the screening. requirement. Commissioner Allen requested that particular attention be givento the roof and view lines from the City park, Cliff Drive and Kings Road area.. Mr.. Burnham proposed the rfollowing language for Conditions Nos. 44, and 45: With respectto the public access easements to be. granted by the applicant, the City and the- applicant shall enter into an agreement approved to in form by the.. City Attorney, that will allow applicant or his. employees. to restrict access to. or travel along the easement during the, operation of: the boat yard when necessary to preserve public safety. Amendment X1 Commissioner Balalis concurred with this language. -13.- COMMISSIONERS , ;ober 29, 1981 MINUTES czm°� _ y City of Newport Beach ROLL CALL INDEX Commissioner Thomas referred to Condition No.. 10 and stated that compensation shall be comensurate with the replacement costs of the intertidal habitat, not to �nendment X exceed $10,000.. Commissioner Balalis stated that he would be -agreeable to $5,000. In response to a question posed by Planning Director Hewicker, Commissioner. Balalis stated that it is the City's responsibility to build the municipal parking lot. He stated that in the event the parking lot is not built, the applicant can come back to the Commission and request that condition No. 49 be amendment X removed. Therefore, he stated that Condition No. 49 will remain_ Commissioner Beek stated that additional wording is needed to clarify the 10 foot vertical access issue. Mr. Burnham suggested the following modified language to eliminate the 10 foot reference without specifying the location and width: "That a public access easement will. be granted to the City so as to provide unobstructed public access from the sidewalk on West Coast Highway".. He stated that a precise public access easement can be located which would allow horizontal access from West. Coast Highway to the easement bayward, without specifying its location and width, with the condition that the applicant have the ability to control access when necessary to protect public safety. kmendment X Commissioner Balalis stated that this would be acceptable. Commissioner Beek suggested: that a small.sign be posted on the easement which states that it provides public access, to the bay. Commissioner. Winburn stated that this would be a dangerous location to post such a sign. Commissioner Thomas stated that language is contained_ in the Local.Coastal Plan which requires the signage of a public access. He suggested a condition that the applicant recognize that at some time in the future, upon the implementation of the Local Coastal Plan, signage will be required on these easements.. amendment. X Commissioner Balalis; accepted this as an amendment to his motion. Commissioner Seek. stated that.: this proposal. will be eliminating a portion� of a boat yard and is being replaced by another restaurant on the waterfront which is deplorable. -14- COMMISSIONERS Q 7C��D 7 41� tG 7r'vl K7 CALL All Ayes Ix -tober 29, 1981 MINUTES of Newport. Beach INDEC Amended motion by Commissioner Balalis-for approval of X Use Permit No.. 2025 and the acceptance of the environmental document, was now voted on as follows, which AMENDED MOTION CARRIED: ENVIRONMENTAL DOCUMENT Accept the Environmental Document as complete with the finding indicated below:. FINDINGS: 1. That an Initial -Study and Negative Declaration has been prepared in compliance with the 'California Environmental Quality Act, and that their contents have been considered in the decisions on this project. 2. That based on the information contained in the Negative Declaration, the project incorporates sufficientmitigation measures to reduce potentially -significant environmental effects, and that the project will not result in significant environmental impacts. USE PERMIT NO. 2025 FINDINGS: 1. That the proposed use is consistent with the City of Newport Beach General Plan and Local Coastal Plan, and is compatible with surrounding land uses.. 2. The project will not have any significant - environmental impact.. 3. The Police Department has indicated that they do not contemplate any problems. 4. The proposed restaurant use will. not preclude the attainment of the objectives for the Mariner's: Mile'. Specific Area Plan... -15- COMMISSIONERS ',,_.,:Aber 29, 1981 MINUTES d CitY p of Newport Beach mor7l 11. ROLL CALL 117DEX 5. That the establishment of tandem and compact car parking spaces in the on -site parking area will not, under the circumstances of the particular case, be detrimentaltothe health, safety, peace,: comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general, welfare of the City, and further that the proposed. modification is consistent with the legislative. intent of Title 20 of the. Municipal Code. 6. That the limited use- of the off -site, municipal parking lot for employee parking will not create undue traffic hazards in.the surrounding areas. 7. That the hours of operation of the proposed restaurant and the marine commercial use are such, so as: to allow joint use of the on -site parking facilities.. 8. The approval of. Use Permit No. 2025 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and. working in the neighborhood or be -detrimental or injurious to property or improvements in the neighborhood.or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plans, floor plans..and elevations except as noted below. 2. That. twenty (20) in -lieu parking spaces shall be purchasedfrom the City on an annual basis, for the duration of the restaurant use and that the annual.fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code._ In, the event a parking structure is built on the Municipal lot, a one time purchase: fee,_ not to- exceed $10,000 per space, shall be required. 3. That employees of the restaurant shall be required. to park in the municipal parking lot. -16- • COMMISSIONERS _.tober- 29, 1981. MINUTES 141, Cr City of Newport. Beach ROLL. CALL INDEX 4'.. That any, trash areas. shall. ,be;, screened from the adjoining property and front. West. Coast, Highway and 1 Newport Bay... 5.. A wash -out: area: surrounded. by 6-inch curbing or the. -equivalent andconnected:directly to the. sewer' system shall.be provided.., 6. The parking lot and, all landscaped areas shall. be kept clean and properly maintained. 7 Prior to demolition of existing; facilities and construction of new- facilities, a complete plan for litter and debris controlshall be approved by the PlaapApAq-} Marine Departments to ensure that. no debris. is,permitted to enter Newport Harbor. 8. The useof valets for, parking for the restaurant operation only, shall be required during all hours. of`operation.. 9. That a minimum: of one parking space for each 40 sq. ft. of "net public: area" and one parking -space for each 250 sq. ft.: of floor area in the- marine hardware building shall be provided. 10.. Prior to. issuance of building permits,- the. applicant. shall agree to participate in a compensation program for the loss of intertidal area which shall be commensurate with the replacement costs of the intertidal habitat, not to exceed $5,000, provided that the City and the various agencies: involved in regulation of Newport Bay have established such a. program. 11. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. „12... A- grading plan shallinclude- a complete plan for. temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris,. and other water pollutants., -17 I COMMISSIONERS :obey 29, 1981 MINUTES .5 Cit of v New ort p Beach ROIL CALL I , I J , I INDEX 13. The grading permit shall include, if required, a description of haul routes, acces.% routes, access points- to the site, and a watering and sweeping programs designed. to minimize impacts. of haul operations. 14. Am erosion and dust control plan, shall be submitted andbe subject to approval of the Building Department. 15. An erosion and siltation controlplan, if required, shall be approved by the California Regional Water Quality Control Board - Santa Ana Region. 16. Grading shall. be, conducted in accordance with plans prepared. by a: civil engineer and based on recommendations of a soils engineer and an engineering geologist subsequent to completion of a comprehensive soils and geologic investigation of the site. "Approved as. Built grading plans on standard -size sheets shall. be furnished to the Building Department., 17. Final site plans shall be reviewed and approved.by the Traffic Engineer to. ensure adequate on -site circulation and sight distance at ingress :and egress -locations 18.. The restaurant shall provide an escort or van system to ensure the safety of restaurant personnel.. returning to the municipal parking lot after restaurant hours. 19. That the restaurant shall not be opento the public prior to 5:00 p.m. and shall close no later - than 2:00 a.m., on a daily basis, except on Sundays or at any other time the boat yard is not open. If the boat yard is not open on Saturday, the applicant.shall be allowed to serve brunch.. 20. Final. design of the: project shall provide for the incorporation of water -saving devices. for project lavatories and other water -using facilities. -18- COMMISSIONERS sober 29, 1981 §1 City p of Newpc Beach MINUTES ROLL CALL 11 1 I 1 1 I i 1 INDEX v . 21. Prior to:occupancy of any building, the applicants. shall. provide written verification. from. Orange. County Sanitation District No. 5 that adequate sewer capacity is available to serve the project. 22. Any mechanical equipment and emergency power generators shall be screened. from view, and noise associated. with said structures shall be sound -attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the- recommendations of a qualified acoustical engineer -and approved by the Building Department. The boat yard crane shall be excluded fromsuch requirements. 23. Prior to occupancy of any buildings, a program for the sorting of recyclable material from _ other solidwastes shall. be developed and approved by the Planning. Department., 24. A. landscape and. irrigation plan for the project shall be prepared by a licensed landscape architect. The..landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. (Prior to occupancy, a: licensed landscape architect, shall certify to the. Planning Department that the landscaping has been installed in accordance with the prepared plan). 25. The landscape plan shall be subject to review- of the Parks, Beaches and Recreation Department and approval of the Planning Department. 26. The landscape plan shall include a maintenance program which controlsthe use of fertilizers and pesticides.. 27. The landscaPe plan shall place. heavy emphasis on the -use of drought -resistant native vegetation and be irrigated via a. system, designed to avoid surface runoff and overwatering.. -19- COMMISSIONERS .:obey 29, 1981 Cr d�D y N City of Newpc t Beach MINUTES IP 0101111 - WI DMIMM MEMENNE Now 28. Thee landscaping plans., adjacent to the drive entrances shall be reviewed and approved by the - Public Works Department and the Department of Parks,. Beaches and Recreation for sight distance requirements. 29. The project shall be so designed to eliminate light and glare spillage on adjacent uses. Any parking lot lighting shall be subject to approval of the Planning Department.. 30. Should: any resources be uncovered during construction, a qualified archaeologist or paleontologist shall evaluate the site prior to. completion of construction activities, and all work: on the site shall be done in accordance with the City Council's.Policies K-5 and K-6. 31. That grease interceptors shall be installed on all fixtures. where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform. Plumbing. Code. 32. The final design of on=site vehicular and pedestrian circulation shall be reviewed and approved. by the Public Works Department and the Planning Department prior to issuance of the grading permit.. 33. Signing shall be reviewed by the City- Traffic Engineer. 34. Handicap, and, compact parking spaces shallbe designated by a method approved by the City Traffic Engineer-.: 35. The. layout of the surface and structure parking shall be>.subject to further review and approval of the City Traffic Engineer. 36. The parking arrangement during the construction period shall be approved by the City's Planning Department and Traffic Engineer prior to issuance of: any grading and/or building permits) should the -applicant desire to continue operation of the existing facilities during the construction period. -20- COMMISSIONERS sober 29, 1981 MINUTES itv of N t. Beach ROLL CALL INDEX 37. All.on-site drainage shall be approved by the City Public Works Department. 38. Prior to issuance of building and/or grading/demolition permits, the Planning Department shall approve a signing program for the proposed. project.. 39.', A weekly cleanup program around the docks and public walks: shall be conducted on a regular. basis. Construction basins or other devices shall be installed to prevent waste from: getting into Newport Bay, 40. An Army Corpse of Engineers permit shall. be obtained prior to any reconstruction of bulkheads. 41. That all improvements, be constructed as required by Ordinance and the Public Works Department.. 42. That an engineering report on the existing bulkheadbe prepared by a. civil or ,structural engineer, and that the bulkhead be ;upgradedin conformance with the recommendation of the engineering report and to the satisfaction of the Building Departmentand the Marine Department. The top of the bulkhead is to be at elevation 9.00 above. M.L.L.W., (6.27 M:S.L.). The design of the new: portions of the bulkhead and ramp shall be approved by the Marine Department and the Building Department. 43. That a 10-foot wide easement be granted to the City along the bay frontage so as to provide unobstructed public access across the entire project (except in. front. of the boat launch). Said easement shall be improved with a concrete walkway or other material meeting the approval of the Public Works and Planning Departments. With respect to the public access easements to be granted by the applicant, the City and the applicant shall enter into an. agreement approved to in. forme by the City. Attorney, that will allow applicant or his employeesto restrict access to or travel along the easement during the operation of the boat yard whennecessary to preserve public safety_ -21- COMMISSIONERS MINUTES sober 29, 19Ei1 c< � Q D Cityof Newport por Beach ROLL CALL INDEX 44.. That a public access easement shall. be granted to the City so as to provide unobstructed public access from the sidewalk on West Coast Highway to the. walkway on. the bay. Said easement shall be located and improved in a manner meeting the approval. of the Public Works and Planning; Departments. With respect to the public access easements to be granted by the applicant, the City and the applicant, shall enter into an agreement approved to in form by the City Attorney, that will allow applicant or his employees to restrict access to or travel along the easement during the operation of the boat yard when necessary to preserve public safety. 45.. That full width concrete sidewalk be constructed: along the West Coast Highway frontage and that any unused drive depressions shall be removed and replaced with curb, gutter and sidewalk. That all. improvements along West Coast Highway be completed under an encroachment permit issued by the California Department of Transportation. 46.. That a standarduse permitagreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building, permit prior to completion of the public improvements. 47.. That the applicant agree to the removal. of the on-streetparking across the property frontage (approximately 3 parking spaces). 48. That an occupancy permit for the proposed restaurant use shall not be permitted until the completion of. the proposed municipal parking lot in Mariner's Mile. 49. That a maximum credit of four parking spaces shall be: given for the proposed four guest dock facilities. Should the guest docks be used for, any use, other thanguest docks for the restaurant, the owner shall be required to provide four parking spaces'in a location meeting the approval of the Planning Commission, or reduce the net public area of the restaurant. accordingly. -22- COMMISSIONERS MINUTES ��cober 29, 1981 ._ Q 7C d� D C s � T y � Cityof Newport porn. Beach ROLL CALL INDEX 50. Thatthe applicant recognize that at some time in the future, upon the implementation of the Local Coastal Plan,. signage will be required 'on the required access easements. The Planning Commission recessed at 10:20 p.m. and. reconvened at 10:30 p.m.' Request to permit the construction of a two -unit Item #6 residential condominium project and related garage spaces in the-R-2.District. USE PERMI7T AND NO. 2026 Request to create one parcel of land for residential condominium purposes where one lotpresentlyexists. AND LOCATION: Lot 6, Block 34 of.Newport Beach Tract, located at. 3411 Seashore Drive, ,on'the Item #7 southerly side of Seashore Drive between 34th Stret and 35th Street. in West Newport.. RESUB- zONE: R-2 DIVISION NO. 697 APPLICANT: Properties West, Newport Beach OWNER: Same as applicant Both SURVEYOR: Ron.Miedema, Costa Mesa Removed From 75-1—e n d a r Staff advised that the applicant has requested that these items be withdrawn. lotion A11 Ayes X X X X Motion was made to remove, Use Permit. No. 2026- and Resubdivision No. 697 from the calendar, which MOTION CARRIED.. -23 - compary Engi,-t?E'r lric) 4' Punning August 29, 1983 ,(42 125'S� -Mr. John Callaghan _ The Chart House 7432 La Jolla Boulevard La.Jolla, California 92037 �. Dear Mr. Callaghan: i The Chart House project at the Boatswain's Locker is at the final phase of its design. -We understand that questions were raised by the City of Newport Beach, i concerning the disposition of the existing seawall. This letter will state the s. design philosophy that we undertook in the design of the foundation system, and hopefully will clay-ify the issues. The foundation system of the entire building structure will be founded on driven marine piles (30 ton capacity each), with the exception of a small area at the southeast corner. We believe this foundation system will not induce additional loadings into the existing seawalls and thus its structural integrity will be maintained. However, there are three areas that should be observed closely during the foundation phase of the construction. ! 1) We'believe.there are steel tie rods and deadmen anchors behind the seawall. We have no information in locating these seawall items. They should there- fore be located in the field and if conflicts between the piles to be driven s and the rods or anchors are noticed, the Engineers should be notified and a alternatives can be offered and implemented prior to pile driving. :. 2) -,The-elevator pit at the' center of the building is located 'i ow enough teat ..the top 2'Y portion of the seawall will be removed. Again, the tie rods y and anchor should be located in this case and if they are found to be in conflict with the new elevator pit, those tie rods will have to be reset Y� at different locations and concrete coping rebuilt.,,4 design of the pi 1 es' had all the piles clearing the bulkhead and sea= ��rx r .3) ..:The :walls. If the field conditions indicate otherwise, the Engineers should be notified and alternatives evaluated. r Very truly yours, =y , JACK AG. RAUB CO PANY� t a. `Michael D. Chlarson ;1 Director of Public WorksWi t ��� I C Ja"�i a e a cc: o9g', T 24741 Chrisanta Drive Mission Viejo California 92691 Y 6 99,:002 (714) 859 -4948 • PERMIT NO. DREDGING APPLICATION Project Location: A431 West Coast Highway Cubic Yards t.o be Dre'd ed• 88 cu g b i c y'a'rds Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: pump onto adjacent beach Method of Material Disposition:: Pipeline Turbidity Control Method: turbidity curtain as required Effect of dredging on contiguous bulkheading,and beaches RPGFc�rPc beach and reinforces the bulkhead I, Lisa E. Miller , 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 Hornblower Dining Yachts Sheilmaker Inc. (Applicant -type name Contractor -type name) TIZI k�_ 0,P-1 JS July 11, 1994 Signed: (Date) Contractor's Representative ly FubH6 r' 5r„ US Army Corps ti µ of Engineers Los Angeles District P.O. Box 2711 f or Permit. Los Angeles, CA 90053 ' Public Notice/Application. No. 83-6-RA SPLCO-R Date10 DEC 1982 Comment Deadline: 30 DEC 1982 Interested. parties are hereby notified that an application has been received for a Department of the Army permit for the activ ty. d.esc. ibed-•below_ao.d shown on the attached drawing(s). Applicantfs) 'Roatswain's Locker Investment C'orr)panv ATTN: hank Tii l l 2431. West roast Ni)rhwav ..,, en "'f 92660, y Lot H Tract 9i 9 city Location - Newpo � t , ay; act i i c, ocean at 24.3 West ;Coast Hi ghwaV, , of Newport Reseh county of orange, State of r',aIifornia Activity, Purpose provide boat docking facilities Comment and Review Period - Interested parties are U.S.,Army Engineer District invited to provide their views on posed work, ATTN: SPLCO - R - Al-6-BA he pro (Public Notice No.) which will become a part of the record and will be con- P.O. Box 2711 sidered in the decision. Comments should be mailed to: Los Angeles, CA 90053 EIS Determination - A preliminary determination has been made that an environmental impact statement is not required for the proposed work. Public Hearing • Any person may request, in writing, within the comment period specified In this notice, that a public hearing be to consider this application. Requests for public hearing shall state with particularity the reasons for holding a public hearing. Other Authorizations Required Water Quality: 7Certificat16n that the proposed work will not violate applicable State water quality standards has been requested from Location state, O None Required Coastal Zone Management. ® The State of California is reviewing this work for consistency with its approved Coastal Zone Management Program. ❑ None Required Cultural Resources - The latest version of the National Register of Historic Places has been consulted and this site Is not Fisted. This review constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Endangered Species •. Preliminary determinations indicate that the proposed activity will not affect endangered species, or their critical habitat, designated as erWangered`or threatened (Endangered Species Act). Formal consultation under Section 7 (c) of the Act is, not required. Authority -This permit will be issued or denied under the following authorities: I Structures. or work in or affecting navigable waters of the UnitedSection 10, River and Harbor ,States Act of .1899 (33 U.S.C. 403). ❑ Discharge of dredged or fill material Into waters of the United States - Section 404, Clean Water Act (33 U.$.C..1344). ❑ Transportation of dredged material for purpose of dumping into ocean waters- Section 103, Marine Protection, Research` and Sanctuaries Act of 1972 (33 U.S.C. 1413): Evaluation -The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the publicinterest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably. N may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative LL effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, flood hazards flood lain values, land use, navigation, wetlands, cultural values, fish and wildlife values, p LO shoreline erosion, and accretion, recreation, water supply and conservation, water quality, energy needs, u_ safety, food production and, in general, the needs and welfare of the people. In addition; if the proposal a would discharge dredged or fill material, the evaluation of the activity will include application of the EPA . J Guidelines (40 CFR.230) as required by Section 404 (b) (1) of the Clean. Water Act. �..wnw.wu�w.�e.:+�.:o�.:..o.^+�.".�.:........:b.�... .. _, ..... .,...�.+..,,w;m.,..e,^..,.,' lr�ar swam ti, thi f'caa«rms sae E I APPLICATION fl l�l �& ,�l��ea RTMEl�l`il' O "l`HE AFSMY lei=� MIT Form droved Office of g�Y1� a' 794.5^2.1, , r; ,.;.,.. � ,;,, ...,.:,. i4fgm$•'& ds'tl8rtig,'E^$ Pd,y. ':lg•R042aD 11t1 Vepc',.,�t;nent ofthe Army pGr^nmt program isauthortz d by Section 'llr3 of the Rivernand HarborAct of 1899. Section 4-04 of :. L. �1--5oow <.nd "Saction '1033of P. L. w2 532. "1'hes6 !liens recluirca pe.rrnmts authorizing structures and workin, or affecting navigable i wa;ers� of t-ie United 5tateso c4 le of dredged or'fill nmatcarial into w,mters of the United States, and the transportation of dre "'Firm', :zo i l f3rthe pip sa ofwatiaam~in it into ocean waters, ,Infor Information provided in i G Form 434s will be used in oveluating f µ p • than a pplacatiori is made a matter of public record through ess anco of a Public not!UC4 o yclea.wt-o of the infoamatio i the data requested are `n6ces+Ea yr in Ord to c�otaamxeumaicat.o' with the appli `r..sat end to eanr;.iluaaaos ate pennit„&apoii tiony If raecessasry information is not provided, tine peariiiit 4pplication cannot be:'gi10— cestad nor can a permit be issued. l One sat of orir,'snal drawings or good reproducible copies which show the location and character of the proposed activity must l atta>ctrad'to this application (see sample drawings and checkiist) ,and bt's;sbmitted to the Dmstzic¢ Firigineer having jurisdiction over the lo,cati,,,n of the proposed «activity.,rAn application that is not completed in full will be r6turried. Hcation na nib r (u Lai ta•ssms ned by.Ccnpsy :: 2. bate 3. For Corps maw® only. ^ Day �pAu. yr� m �lp dcesof applicant. 5. Name, address and title of authorized agent. DP f „vd �,.. wr^ ,..+ lid0""fia b Telephoneno. during busireessQuis Telephone no. during business hours A/C t .�..._ � A/C ( y 6, Describe in detail the progossd activity. its purpose and intended use (private, public. commercial or other) including desdriia-- rfl fills, r arms, the e, composition 4 ai'cea of the.type of structures,iff any to erected on fills. o pile or fi�ast,_ssappom�ted platforms, tip aid ,atity,�of materials to be di or dumpE?d and of conveyance, and the source riff discharge or fill material. if s additional space is needed, usd flock 14 � g g �., �^; ��ya""Qj'w- .� "��, °����� ,,',"` 'f"��oa?9'� � ,y,. .,gym �r �:�m^�..1t9✓ a"" M3� ��,w�4.�� wa.° ' I il,laar es, addresses and telephone nunbers,of adjoining property owners, lessees, eta;.., whose property also atUoins7the wbasterwayr, a '• ,i qo.„:u",ru�;�'V "+ > IL i-ocat'itanwhere pioposec activity rty exists or wil l occur. r .�.�...�.�.. . Tax;Assessors Description, (If kncawa®) ; Street, road or;oL'ier, desacriptive ioa;aatic3nr:, m� . Nlap No., Saaiidiea. No. lot No. in or near cater tar town Sec.i� l' qrAll C u,t tctc ap ., ;4 Wa. ,ma of rwsbatw w?lyr at locaa2ion of the activity. b to Pet 1 r a, A d^^ f^ rswra and "�m6„ & 8 ?i�mtmmxri of 1 Apr 74 lra eml7yolaa$er r2, 11 .. .. ., .rr.i4'"a il,.•1.�4+ a. V/ •!"�b i.dF.�jN b'. .Vm ,wAa Nn me, mn..v .mmA •u. ,. .e. v-. .. ,i, ,. n - p. Da tiVet� a � proposean c;onneracem � � y t ate: d �b_� } od t va"^;,�° ?i�"� E. [data actiarlW is"eXpected to becx;spleteuf 77 .....,.....,:.»..,�....».,M.v,.,......�.�.w ureww ht ! "l'!m !f ara�� o ss ;• ��� a activity, for wlasch authorizations�ataerram Month year complete?, activity � � portion cad � ... _� mm mm gave reasons in the remark � y N as co iplet "r� '!medicate the existing. work on the afraa�iws��m A tucst `u r b ,. ier f..,•.x..:,aI, iapplication.rt c , b t tnAcn.w:wnx. I � t all approvals or cc�ta„ eaaraC amtr�r�ti�tem..Fl.-�.�ura �:a�n�strsa�:-- discharges, sits or other activities described in this ° :tss¢s� 'l2m List a facattitaat 'read cnthisr f state or !e>wa! ac �aaa,�e.t for'any Issuing rhea �Y , ; Type Approval lrie:rotificativam Odom hate eroY'a�rsalis^�a2ae�ri l�a¢e esf'F�a(�raaeKt! nti _. s13. Has any' agency denied approval for ttae activity described herein or for any activity directly related to the act"sVr4, descri l herein? '. Yes ro (If "Yes" explain iraaramrlcsp v '14. Remarks OF atfditlptael rtaf�r�taat�ore, � r1 i ax * ,„ ' � a c ts, Application is hereby made for a permit or permits to authorize the aactivitse,s.described laere5iraa; l cortify that am faili€ar �vW) than nforranatibn �Pnttfjned in this! application, and that to thq best of myknowledge fin415.eiief'60hr a nfanrstat'tccero is tru%il ceflag.rleten -and a'c arate 'i further certify that l'possess,the`autli&ity to undertake Zhe pica O`posed aae tataifaes, ";Signatura of Aid`�plicatt'dr AAt'JYd� g e en ' T1roa rapplacaataoar must he`eigmed bVlhe•�'ll�a¢, how, OWSr, it m ay � ;s$�mesf � a ��iy, satfaoriz�'d rage rq� bra ,ard am ltO'n" if this fearm s SG6taasaparaaed by a`'sttatement by tiae is ticant de'sit gating the agent grad aagreeing fgh4ipfy >npoa� rc r�a�ra ,tm pp rats arPf rzrtatacnaroHfm support of the iacaticara lie , � � ar �p?ar - �¢4 1 • ^sF I, � "q1 r •"�q '1; mr, r k3 a ly�`yN, v �,. , } � 1,a a;.r r., -; n a .r �d ' � � $7t'4 jtErd a4�Pvri9n,,of apy �h�'p;Nd Aa ��',P,ak,�e".�k'' of 1'hap Wiited tat kao r Ya , p >;• ,A yap %y, an a :dxe seta erx ? � o f faa a fatal f 4. ifgew Geamc pals; tar".caear car caz�tiiae any fal em fictatstn � or fraudulent',st Asa areas@s or resfpresemta�tion's' ©r m aa� `or ksss®s tarn ' faIs�r;writ! ng or'',srasrp enlrat�' lkmewwirag same to -Contain any falser fia tioUs't rf�raudulent s~taf aent'or'•entr�yv 'staaell,.be, firv� not More"AharY"WO,�i9d�`�'x: imprisioned not craore than five years, or Math,, a not send a ppimit processing fee with this bpppla�3ertrm �e ap��a fee s ' feeaarill.lae assmsseafwhina pearrwit ma isiaedG ............,..�.N..•...w..,,.w...r.. mow,++. ir+.ww.,.,v....�,"•n..�.*..,w..+....."^"•_."„'—..:.�«.....�...•:.�. , w. M v, ...o- M•�'.'�r'sw"'" ' rwrwm.wwawv Yt 4�1 \ h I, Cl r Y oF` Nzwwoer BE-4cH PipOJCCT. S. / � r Zo,g QraeA i f to e 4 Y 'r .vtw�owr 04'-' • � � R TQ 0 IwcQoA II[L A 49 C irk O C A Dec Mw; - _ V l C! IV ! T Y .S R E T C H Wu, Jlrrr 3 i�l I F Newooar DAY, CAL lroaNra y � s J[Trr Il{� rt Ll �� 5**Ur1 d,»QS are expw*cssed in f'aere one ds„Oie . y� dep th s below 1,feor7 Lo wep Low ` Wo fear. Yloxr...ci.�s �`' ��� ron9e o{ fide Opprvxirno�lely !O �«{ Horoor /s)e5 '� ore ea�ob/'Shed !n �hiS . seCyioq oyr vaW,,~74 ear. Ii e f�YPOlpr BE.QcH P,POJ�CT. � S/.T�: _ T Ge,. mooch N7''t3' a +vAP �0-1 Lows �i+rM R TQ swcrJow D ac.rwp ss•,.• � �wo�e Qa., coo. 4 X/ST ez: �c PICA «. a V1CI NJI TY SkETCH W"r-14Crrr NswpoRr DAY C,at+�ouivrA y ! 1 ltrrr SOG/nd+nQs orQ &A,-ressed /» Yreef and o/sno7le- dap FIh s b e%+v 'Weorn I -a wgOw Low WOfer. Mazlor.c wr /'cn9e of fide gPprvx/n�o�e/y lO!e•ef. Horoor /ri�e5 are es�o6/!'shed. !.� /h:s , sec�io,� of'Newpo�f Sod: ii i i � �✓ U S. SLk'� LJNG= I pt f l I POCKS II WD ` LING - /SO' CIO II Pa�os� DoCXs -J.. P,144YC 57 -C7-10^1-A PL/CA.vTS gy- 1�i BGK, T,eAcr -/oB AD02'ESS __Z4.317N. G'O9ST j//G/-/!�1/,/�Y Go,c�se,4c�o� DA7-e C/ T CITY OF NEWPORT BEACH . Marine Department October 25, 1982 TO: MAYOR AND CITY COUNCIL AGENDA NO. F-14 (c) FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 129-2431 BY BOATSWAIN'S LOCKER INVESTMENT COMPANY TO REVISE THE COMMERCIAL DOCKS AT 2431 WEST COAST HIGHWAY Recommendation: If desired, approve the application subject to the following conditions: 1. That the applicant secure permits from both the Army Corps of Engineers and the California Coastal Commission. 2. That the boat slips as revised be used only for quest docks, berthing of vessels for sale and berthing of vessels to be repaired, and that in the event the slips be used for any other purpose, applicant be required to comply with Sections 17 and 19 of the Harbor Permit Poli:cies dealing with parking and sanitary requirements. 3. That prior to demolition of existing facilities and construction of new facilities, a complete plan for litter and debris control shall be approved ved by the MarJne Department to ensure that no debris is permitted to enter Newport Harbor. 4. That a weekly cleanup prpgrayn4round the docks and public walks shall be conducted on a regular basis. Construction basins or other devices shall 'be'insta'll' e&to prevent waste from getting into Newport Bay. 5. That a maximum credit of -four parking spaces shall be given for the proposed four guest dock facilies. Should the guest docks be used�'f'r'any other `use other than ' I guest docks for the restaurant, the ownOr shall,be required to provide four parking spaces in a Tocat16n me0e0hg the approval of tthe,Planning Commission, or reduce tho net public area of the restaurant accordingly. Discussion: This application is before the City Council as required by Section 5.C.3. of the Harbor Permit Policies, which states: 5.C.3."IS$UING OF PERMITS. Prior approval of the City Council will also be required before issuing a permit for shore -connected structures when the abutting upland property is zoned commercial." The existing upland structures are being totally renovated, and the existing floats will not be able 'to remain. The purpose of the revision is to allow the new floats to be compatible with the new building. Conditions 3, 4, and 5, as recommended, are ones attached to the use permit approved by the Planning Commission. They have been included here as it was felt that they were also applicable to the Harbor Permit., The docks, as revised, will be used for guest docks for -the proposed restaurant, berthing slips for the remaining boat repair facility, and berthing slips for boats for sale. David Harshbarger Marine Director Tony Niel um Tidelands Administrator TM: db 0 V. N „ Q �BwcdoA R atwNp U A r0 C`/ !T! C r�k toee.v� o �T _LIA►_ IKz V �_► u . /O s O /O ZC- _ PL / CA.v7'S /Nt/LSTNI�NT.. CONIl,�9/VY -_. G o r /1 BGX, T,ZAcr Co,crrwAcroz O.ATS STATUS SHEET HARBOR PERMITS AS LOCATION 6+i� New PERMIT N0. a"i— Revision APPLICANT NAME 44�?4,jr !- Dredging CONTRACTOR Date Rec'v .j��?.. Fee Amt.',% . Fee Processed Date Reviewed by Ma ne Dept. Approved Denied Corection Required - Description City Council:,© � Approved Denied Remarks DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC SARWQCB J.H.C. OR. CTY. T.I.C. 1. Application 2. Consent Ltr.�� 3 "Waste" Ltr. 4. Drawings 5. Staff Report 6. 7. 8. REMARKS DATE FINAL INSPECTION , MARINERS MILE MARINE CENTER, LTD. 2439 WEST COAST HWY. NE,WPORT BEACK CA 92'663 i US Array Corps of Engineers Los AngeOes District P.O. Box 2711 Los Angeles, CA 90053 Public Notice/Application No. 83-144-1RA (Amend. 1) SPLCO-R Date DEU 7^?.Comment Deadline:''^ Interested parties are hereby notified that an application has been received for a Department of the Army permit for the activity described below and shown on the attached drawing(s). Applicants) • Boatswain's Locker Invest Agent: Hank Hill ATTN: Hank Hill Boatswain's Locker Investment Company. 2431 W. Coast Highway Phone: (714) 642-6800 Newport Beach,.California 92660 Location- Newport Bay, Pacific Ocean at 2431 W. Coast Highway, Lot H, Tract 919, city of Newport Beach, county of Orange, State of California Aotivity Purpose drive a�bouf 58 new wood piles (to support a restaurant), and construct a new sheet -pile bulkhead in front of an existing bulkhead Comment and Review Period - Interested parties are U.S. Army Engineer District Invited to provide their views on the proposed work, ATTN: SPLCO - R 83-144-RA which will become a part of the record and will be con P.O. Box 2711 (PUMk Notice U04 sidered in the decision. Comments should be mailed to: Los Angeles, CA 90053 EIS Determination • A preliminary determination has been made that an environmental Impact statement Is not required for the proposed work. Public Hearing - Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state with particularity the reasons for holding a public hearing. Other Authorizations Required Water Quallty: ❑ Certification that the proposed work will not violate applicable State water quality standards has been requested from location state )4 None Required Coastal Zone Management: ;9 The State of California is reviewing this work for consistency with Its approved Coastal Zone Management Program. ❑ None Required Cultural Resources • The latest version of the National Register of Historic Places has been consulted and this site is not listed. This review constitutes the'extent of cultural resource investigations by the District Engineer, and he Is otherwise unaware of the presence of such resources. Endangered Species - Preliminary determinations Indicate that the proposed activity will not affect endangered species, or their critical habitat, designated' as efWangered or threatened (Endangered Species Act). Formal consultation under Section 7 (c) of the Act is not required. Authority- This permit will be Issued or denied under the following authorities: J4 Structures or work 'in or affecting navigable waters of the .United States - Section 10, River and Harbor Act of 1899 (33 U.S.C. 403). ❑ Discharge of dredged or fill material"into waters of the United States Section 404, Clean Water Act (33 U.S.C. 1344). ❑ Transportation of dredged material for purpose of dumping,,into ocean waters - Section 103, Marine Protection, Research and Sanctuaries Act of 1972 (33 US.C. 1413). Evaluation The decision whether to issue a permit will be based on an evaluation of .the probable impact Including cumulative Impacts of the proposed activity on the public Interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably N may be expected to accrue from the proposal must be balanced against its reasonably foreseeable a detriments. All factors which may be relevant to the proposal .will be considered Including. the cumulative LL effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, Cwetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, J shoreline erosion, and accretion, recreation, water supply and conservation,, water quality, energy needs, U. safety, food production and, in general,; the needs and welfare of the people. In addition, If the proposal would discharge dredged or fill material, the evaluation of the activity will Include application of the EPA Guidelines (40 CFR 230) as required by Section 404 (b) (1) of the Clean Water Act. G op N E WN P, o fZT P)1=4GN P�PO✓C�'T S/T�r Rev Idilljr;�, -- -- ---- - 00 . 's I. BoatswainI'� c :Lockers 0 / ratios/ 4O". O 0 pEtfcEo wa��.waY ^•• �....,, 7testeJtt.aLlT _ REST�dRC►.� . 1 ® eaa rsf 'JCS C e. . w000 •—® ®+ +• 9.Q N I N P 1LE S ParF per.r e�Tlr�r m x VICI till TY SKETCH e.�.• CS ol�wvoIre,rrr��. gr dgAY C.,t °rm�elvaA y, o.OA Spun c%nops are e,rpseaaed /n !oid oAd dwo0t / I1t °I 11 �I I -- dpl�a br/ow Mco.r Cow.®. Go.✓ Wo%i-., Mot/..fer® EXI�TIti1Cs PL W •s64EET PILE ronye of ✓io'e oPPrcyt/•..od.7y �� ✓.�� /sia"AO� /,;vo$ exmri7EeC FlYLKHEsn ore e�lobl/'SArdrd J4 44;3 ,see oon oP.VaW,~fiauL.K�e►�S ° °° n � J b e 10 a Z�/z AGAGHE�o1+t6E WOOD PILES %Sal$ t-5o•o _ � COMMM ILL a2o eu,1N vcsTME�,T �o. \ Z017 WEST cc ss* RI WA V NFWFoia= OW14 Cs. A 24&lb 91 Eaw YAL.E 2405 vI�STA -A NpFILL. R pltoPErtTy _LNi Crane A �J Existing„ AANo MC-W *Aoo NEW UHE6T- �-- E�ev o.o� • • BulkheadLNo NIG►+wr,Tee LINE PILE GULKHEOP • wr s e m • •. ® 11 ADJACENT To -� i — �'' ` . •` �SBNEW i5 WOah®"PtLrS' �N WATeR 51DE _ „ • • o R • ® • 5 1 Go U1 — 1 _ Public Walkway Bulkhead Line R THIS LR-S& IQ FMCWT \ \ .OF RESTA.UMA LIT WUIGl-I IN CL.0 r)ES DbGKh 6.1-1 P 0 _1c, By pmevlous G,PpL° \ m &MCtA 12%B�,.EE FF, DnT\ Rev l s tons . Pieie ,y rhead Line 1060 10 24A40 50 130G75WpI.IS l.e7•CK�.2 APPLICA,M :5 W&ME WV'SSTMENT a) N„'GN'-,( LOT W �1�B ADDRESS 2e131 W. Co._!°TL Hlc;HVLY C0Q-TmoGT0R- - _ _ _-- suEEr t of Interested parties are hereby notified that an application has been received for a Department of the Army permit for the activity described below and shown on the attached drawing(s): Alpplicangs) - Boatswain's Locker Invest Agent: Hank Hill ATTN: Hank Hill Boatswain's Locker Investment Company 2431 W. Coast Highway Phone: (714) 642-6800 Newport Beach, California 92660 -Location - Newport Bay, Pacific Oc�ean,at 2431 W. Coast Highway, Lot-H, -Tract 919, city of Newport Beach, county of Orange, State of California Activity, Purpose drive about 74 new concrete piles (to support a restaurant) and construct an additional retaining wall Comment and Review Period Interested parties are U.S. Army Engineer District invited to provide their views on the proposed work,, ATTN': SPLCO - R - 83-144-Rq which will bec ome a part of the record and will be con- P.O. Box 271.1 (Public Notice No.) sldered in the decision. Comments should be mailed to: Los Angeles, CA 90053 EIS Determination - A preliminary determination has been made that an: environmental Impact statement is not required for the proposed work. Public Hearing - Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state with particularity the reasons for holding a public hearing. Other Authorizatio s Requiredcation that th 4 Water Quality: standards has beeneproposed work will not violate applicable State water quality requested from location state X None Required Coastal Zone Management` XThe State of California is reviewing this work for consistency with its approved Coastal. Zone Management Program. ' 0 None Required Cultural Resources • The latest version of the National Register of Historic Places has been consulted and this site is not listed. This review constitutes the extent of cultural resource Investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Endangered Species - Preliminary, determinations indicate that the--proposed-activity will --not -affect -- endangered species, or their critical habitat, designated as eruiangered or threatened (Endangered Species Act) Formal,,consultatIon under Section 7 (c) of the Act is not required. Authority This permit will be issued or denied under the following authorities: XStructures or work in or affecting navigable waters of the United States - Section 10, River and Harbor Act of 1899 (33 U.S.C. 403). C Discharge of dredged or fill material Into waters of the United States - Section 404, Clean Water Act (33 U.S.C. 1344). Cl Transportation of dredged material for purpose of dumping into ocean waters - Section 103, Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). Evaluation The decision whether to Issue a permit will be based on an evaluation of the probable Impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national = concern for both protection and utilization of important resources: The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered.including the cumulative LL effects thereof; among .those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion, and accretion, recreation, water supply and conservation, water quality, energy needs, LL safety; food production and, in general, the needs and welfare of the people. In addition, if the proposal J would discharge dredged or fill material, the evaluation of the activity will include application of the EPA Guidelines (40 CFR 230) as required by Section 404 (b) (1) of the Clean Water Act. AAMMI MO OM AWN AdMbk TABLE OF CONTENTS PAGE EXECUTIVE SUMMARY ........ ...... ..... ...................... E-1 1 WHAT IS THE PROJECT? . ............................... ........ 1 2 WHO ARE THE PROJECT APPLICANTS? ............................ 1 2.1 The Chart House ..... ............. ........................ 1 2.2 The Boatswain's Locker . .................. 3 3 WHERE IS THE PROJECT LOCATED? ............................... 3 3.1 Mariner's Mile, Newport Beach ................................. 3 4 HOW DOES THE PROJECT CONFORM TO LOCAL 3 PLANNING? ................................................... 4.1 Mariner's Mile Specific Area Plan ............................... 3 4.2 Conditionally Certified Land Use Plan ........................... 3 4.3 City of Newport Beach ........... ............................. 5 5 WHAT APPROVALS HAS THE PROJECT RECEIVED? ................ 5 5.1 City of Newport Beach .......................................... 5 5.2 State Department of Fish and Game ............................ 5 5.3 California Regional Water Quality Control Board ................ 7 6 HOW DOES THE PROJECT ADDRESS THE REQUIREMENTS 7 OF THE COASTAL ACT? ............................................ 6.1 Improved Coastal Access ....................................... 7 6.2 An Additional Vistor-Serving Facility ............................. 7 6.4 Maintenance of Marine Repair Facility .......................... 10 7 WHAT ARE THE ENVIRONMENTAL IMPACTS 10 OF THE PROJECT? .................................................. 7.1 Initial Study and Negative Declaration .......................... 10 7.2 Improved Water Quality ......................................... 10 7.3 Loss of Intertidal Habitat and Mitigation ........................ 10 8 HOW WILL THE CONSTRUCTION OF A RESTAURANT 12 AFFECTTHE MARINE REPAIR FACILITIES? ........................ 8.1 Modernization and Expansion of Marine 12 Repair Operations ................................................... 8.2 Tandem Parking and Slip Availability ........................... 12 9 WHO IS OPPOSING THE PROJECT? ................................ 12 9.1 Public Hearings ................................................. 12 9.2 Coastal Commission Staff Comments ........................... 14 10 WHAT IS THE PURPOSE OF THE U.S. 14 BULKHEAD LINE? ........... ............................ j 10.1 History of the U.S. Bulkhead Line .............................. 14 10.2 The Purpose of Harbor Lines .................................. 16 TABLE OF CONTENTS (CONT) PAGE 11 HOW DOES THE CONSTRUCTION OF THIS PROJECT 16 COMPARE TO OTHER PROJECTS ALONG MARINER'S MILE? .. .................... .......... ........... 11.1 The Sea Scout Base ...................... ....... .......... 18 1 1 .2 Cano's......................................................... 18 1 1 .3 Seaside Restaurant ............................................ 18 11.4 Larsen's Landing .............................................. 20 11.5 The Rusty Pelican ............................................. 20 12 WHAT COASTAL ACT OBJECTIVES WILL BE GAINED 20 BY APPROVAL OF THIS PERMIT VS. DENIAL.............................. ........... ....... ...... 12.1 New Public Access vs. a 6' Security Fence .................... 20 12.2 Addition of a Vistor-Serving Facility vs. 20 None.... .................................................. 12.3 Addition of a New Coastal View 20 Corridor vs. None ................................................... 12.4 Increased Marine Repair Efficiency 20 vs.l nefficiency.............................................. ....... . 12.5 Improved Bay Water Quality vs. 24 Continued Runnoff................................................... 12.6 Intertidal Habitat Enhancement vs. Loss of 24 a Limited -Use Marine Railway ........................................ 12.7 Boat Access to Dining vs. Automobile Usage .................. 24 Appendix Letters PC Minutes (Conditions) LIST OF EXHIBITS PAGE Montara Chart House 2 View From Across Coast Highway 4 Newport Beach Local Coastal Plan 6 Existing Site Plan 8 Proposed Site Plan 9 Artist Concept 11 View Marine Railway 13 Existing Development of Piles 17 View of Bulkhead East Toward Cano's 19 View Corridor 21 View of Existing Waterfront From Newport Bay 22 View of Proposed Waterfront 23 View of West Bulkhead 25 -- EXECUTIVE :SUMMARY The Coastal Act of 1976 protects and enhances coastal resources through the establishment of a number of goals and policies. The Chart House/Boatswain's Locker project responds to Coastal Act objectives as follows, and more information may be found in this report on the pages cited: — COASTAL ACT PROJECT OBJECTIVE I RESPONSE Improve Public Access No access.. currently, will provide new vertical and lateral access, easements granted to City of Newport Beach (.Page 7). Protect and Enhance Coastal No views currently, will provide a Views new view, corridor and viewing platform (Page 7). Protect the Marine Environment Significant runoff currently, 100% improvement, runoff captured ' and treated, sanding/painting activities moved inland (Page 10). Discourage Diking, Dredging 100% mitigation of intertidal and Filling habitat loss due to limited fill, pil- ling area equals less .than 1.60/6 of water area covered (Page 5). -Protect and Upgrade Boating Increased- boat 'repair capacity, `Facilities increased storage area, increased efficiency, improved safety` (Page 12). Consistent Coastal Act Commission staff precedents not Interpretation analogous, actual precedents support project (Page 16). Other Approval and Support; Project Response; LCP Land Use Plan Policies and 100% compliance (Page 3). Requirements CEQA Initial Study and Negative Declar- ation (Page 10). Department of Fish and Game Approval and support of mitigations (Page 5). Regional Water Quality Control Total support, revised _N PDES per - Board mit issued (Page 7). City of Newport Beach Unanimous approval and addi- tional support (Page 5). The Chart House/Boatswain's Locker project adheres to Coastal Act goals J: and policies, and despite staffs narrow interpretation of Section 30233(a), _ the project's approval is most appropriate and within the Commission's. discretionary power. E1 Chart House/Boatswain's Locker Project Coastal Permit Application 5.82.12 1 WHAT'IS THE PROJECT? 1.1 Project Description The proposed project would modify an existing marine repair facility, the Boatswain's Locker, to add a. Chart House resaurant to the site. The project would preserve and remodel a ,boat repair facility; along the westerly property line. The new facility would consist of the large boat crane currently onsite, the remod- eling and reconstruction of an existing office- to a yacht brokerage and retail marine store, an outdoor boat repair area, and the restaurant. An existing engine repair shop, and parts storage building would be demolished to provide additional parking. Services now provided by the Boatswain's Locker would be increased, but repair services with potentially damaging environmental consequences (engine repair, heavy sanding, sand blasting, spray painting) will be moved to two inland sites. An existing marine railway, which currently is used for about 10% of the boats repaired, is obsolete and will be closed off to form a continuous bulkhead line. The new Chart House restaurant will be a two; story, 9,800 square foot (7,400 restaurant and 2,400 storage/office) building. It will provide seating for 156:dining room customers and 45 cocktail lounge customers, for a total capacity of 201 patrons. An important featureofthe restaurant will be a deck and walkway con- structed on pilings, similar to neighboring buildings, which- will provide a new coastal access area and views of lower Newport Bay. This new visitor -serving facility has been in the; planning stages for over a year and has been designed to .be consistent with the Coastal Act and the City of Newport Beach Local Coastal Program (LCP). i 2. WHO ARE THE PROJECT APPLICANTS? 2.1 CHE, Inc. dba The Chart House The Chart House is a nationally recognized leader in the construction of res- taurants near the sea. Over 90% of all Chart Houses are located on the water- front.. Many of these are operated in conjunction with working marinas. In California, two -Chart Houses have been honored in the Coastal Commission's ' Design Awards Program. The Montara Chart House in Ban Mateo County was designated by the judges "as the -best overall, project for Design Awards 1980." The Montara resaurant established a precedent in cooperation with the state to provide beach -use parking in the day and restaurant parking in the even- ing. The Dana Point Chart House was the most recent award winner for architec- tural design in the Coastal Commission's 1981 Design Awards Program. The Chart House is very proud of these awards and appreciates the Coastal Commission's recognition of their sensitive design efforts. 1 0U in M W2 -C °® a 0 ® 6. c: 1:> t C: L) a� -0 >� �-5 m Dm a 0� �sa C)c0� 0 U� C: o `g a '°=cr ca cn O U cn 'tn co �a) �®'®T— 2.2 The Boatswain's_ Locker The Boatswain's (Pronounced bo's'ns) Locker is a Newport Beach institution which has provided complete marine rep air services and marine.. retail sales since 1936. The quality and reliability of workmanship is evident from a review of public agencies which are among the Boatswain's _Locker's most important cus- tomers: the State Department of Fish and Game, the County of 'Orange, and the cities of Newport Beach, Huntington Beach, Long Beach, and San Clemente among them. The Boatswain's Locker is the main distributer and warehouse for three different manufacturers of marine engines. It is also second in the state in the sale of marine hardware. 3. WHERE IS THE PROJECT LOCATED? 3.1 Mariner's` Mile, Newport Beach The project will be located at 2431 West Coast Highway in Newport Beach. The restaurant`will offer new public views of Newport Bay and Lido Isle. 4. HOW DOES THE PROJECT CONFORM TO LOCAL COASTAL PLAN N I NG? I 4.1 Mariners Mile' Specific Area Plan The commercial area along Coast Highway known as "Mariner's Mile' has been designated as.a "Specific Area Plan" area by the City of Newport Beach Areas northerly of Coast Highway are classified as "Retail and Service Commercial." Most areas southerly of Coast Highway, such as this project, have been desig- nated as "Recreational and Marine Commercial." The restaurant and boatyard are permitted; uses under the Mariner's Mile Specific Area Plan. 4.2 Conditionally Certified Land Use Plan The conditionally certified Land Use Plan' (LUP) portion of the Newport Beach LCP generally reflects the prior planning by the City for the Mariner's Mile Specific Area Plan. The LCP Land Use Plan(see Exhibit � )also designates ates .the protect site as "Recreational and Marine Commercial." As noted in the Commission's staff report, the restaurant is a permitted use for the site. The LUP establishes the U.S. Bulkhead Line as the division between upland uses and uses of lower Newport Bay for which the Citys diking, dredging, and filling policies apply. The only LCP policy which addresses development in areas land- s ward of the U.S. Bulkhead Line appears on page 22, Item B2, which states, "New g developments on the waterfront shall take into consideration existing water area : I for docking facilities." The Coastal Commission approved LCP Land Use Plan map indicates that development is permitted to the U.S. Bulkhead Line. The City and the Commission may consider the merits of projects proposing to con- struct to the U.S. Bulkhead Line on case -by -case basis. 1► 4.3 City of Newport Beach The City of Newport Beach has found the project to be consistent with the City of Newport Beach General Plan, the Citys LCP, and to be compatible with sur- rounding land uses. The project was specifically designed to comply with the pro- visions of the LUP as those policies were being developed. The City's Planning Department has written a letter in support of the project (see appendix), which is not a normalprocedure, because they believe that the Coastal Commission staffs recommendation "goes` beyond any previously established precedent." 5. WHAT APPROVALS HAS THE PROJECT RECEIVED? 5.1 City of Newport Beach The Planning Commission of the City of NewportBeach approved the project by a unanimous vote on October 29, 1981 The project was approved and issued Use Permit No. 2025, subject to compliance with 50 specific conditions (see appendix). The supportfor' the project was such that no appeal was made and City Council consideration was unneccessary. Among the 50 conditions agreed to by the applicants, a few may be of particular interest to the Coastal Commission: • The applicants will provide up to $5,000 ` for restoration of a degraded - upland area within Newport Bay to an intertidal habitat. • A complete litter control program, a drainage plan, and ' a solid waste recycling program will all be established to protect the water quality of the Newport Bay. • Restaurant hours will be restricted and limited to times when the boat yard is not open. • A 10-foot wide easement will be granted to the City along the bay frontage to provide unobstructed public access across the project, and another easement will be granted to provide access from the sidewalk. 5.2' State Department of Fish and Game The Department of Fish and Game, which now supports the project, was con- cerned with "the loss of marine inter and subtidal habitat which would result from the bulkheading and filling of the existing marine railway° (see letters in'appen- dix). Fish and Game expressed no concern of any kind regarding the place- ment: of piling in Newport Bay. They supported the mitigation required for replacement of intertidal habitat as compensation for the loss of such habitat due to the project. They concurred that up to $5,000 was an adequate amount to pro- vide a sufficient mitigation. 5 .u.■nunn Turning Basin Newport Bay ca CL 3 I MA •f z ' °j' , \ Lido Channel Lido IsIp- \ \ o Low density residential I j I Admin, prof. and finan, commercial Low density resid./open space Recreational and environmen. open space Two family residential Govern., educat. and instit. facilities - Medium -density residential Walkway/bikeway/accessway o°0000° Multi family residential -� Access point . Recreational and marine commercial w Restroom facility Retail and service commercial Coastal zone boundary Reference; "Land Use Plan, City of Newport Beach", November 20, 1981. i Newport Beach Local Coastal Plan Chart House/Boatswain's Locker Project Coastal Permit Application 5.3 California Regional Water Quality Control Board The Regional Water Quality Control Board, Santa Ana Region, has been very supportive of the project and has concluded that "these changes should be a positive improvement with regard to water quality conditions in Newport Bay." The Board has provided clearance for the proposed_ construction activity (see letter in appendix), and a revised_ NPDES permit has been issued. The Regional Water Quality Control Board did not express any concerns regarding the place- ment of pilings in Newport Bay. 6. HOW DOES THE PROJECT ADDRESS THE REQUIREMENTS OF THE COASTAL ACT?' 6.1 Improved Coastal Access The current boat yard is surrounded by a 6-foot high security chain -link fence that is locked closed the majority of the time. Coastal access is not provided to anyone at the site except employees and customers of the Boatswain's Locker. The pro- ject will provide a 10-foot wide public easement bayward of the restaurant and along the bayfront (except in front of the boat launch). A large portion of struc- ture proposed to extend over the water on piling is the public walkway. Coastal Commission staff has concluded that "Public access to and along the water will ,be greatly improved by the proposed project." Although objecting to the project on technical grounds, the staff also found that; "the project provides adequate parking and enhances public access to the coast consistent with the requirements of Section 30212 and 30254(4) of the Coastal Act." 6.2 Addition of a Vistor-Serving Facility Thepublicaccess and recreation sections of the Coastal Actand Commission policies encourage development of vistor-serving facilities. In conditionally _certifying the Newport Beach LUP, staff recommended modifications "which would clearly give priority to victor -serving uses over office and other general com- mercial uses." The City's LUP was modified and now permits restaurants as a "priority use" subject` to a use permit. Of the approximately:5070 square feet of the projects structure over the water, 2210 square feet, or 44%, is comprised of walk- ways, landscaping, and seating available for use by vistors to the Newport Bay. 6.3 Improved -Views of Newport Bay Section 30251 of the Coastal Act requires that scenic and visual qualities of j coastal areas be considered, protected, and enhanced :(where feasible). The Commissioner's staff has found that "Views from Pacific Coast Highway across the existing boat yard are almost completely obscurred by the structures,, fencing and boats presently on site. The proposed project will demolish an existing ware- house which serves as a wall to views of the bay. It will provide a new view - corridor between the restaurant on the east side of the property and the broker- age office/store on the west side of the property. Views will be improved from Coast Highway, and the new walkways will enhance public visual access to the waterfront in a manner encouraged by the Coastal Act and the City's LUP. 7 Coast Highway Newport Bay U.J. FlullIGLU L-111c; Existing Site filar art House/ Boatswain's Locker Projecl *MR Coastal Permit Applicatior Coast Highway Is M- Chart House/ Boatswain's Locker Projecl Coastal Permit Application 6.4 Improvement of a Marine Repair Facility Section 30234 of the Coastal Act states that "Facilities serving the commercial fishing and recreational boating industries shall be protected and where feasible, _upgraded." The management of the Boatswain's Locker foresees the proposed changes in the boat yard operations as a modernization of the facility which will be cleaner, better controlled, safer and more efficient The loss of an obsolete marine railway (installed in the 1930's) which currently handles 10% of the boats repaired will be more than offset by improved trailer and truck accessibility to the crane. A key feature of this project is that several Coastal Act objectives can be realized by this joint -use proposal without the loss of marine repair capacity. 7. WHAT ARE THE ENVIRONMENTAL IMPACTS OF THE PROJECT? 7.1 Initial Study and Negative Declaration An initial Study and Negative Declaration were prepared for the project in com- pliance with the California Environmental Quality Act Bused on the information contained in the "Negative Declaration, the City found that "the project incor- porates sufficient mitigation measures to reduce potentially: significant environ- mental effects, and that the project will not result in significant environmental impacts." 7.2 Improved Water Quality The Regional Water Quality Control Board found that "the elimination of the marine railway and the proposal to do sand and water blasting and hull painting at an inland site will eliminate conditions which are very difficult to control at all waterside boat repair facilities. Additionally, discharge of waste water from the boat bottom scrub area will be totally contained, versus present runoff, where containment is impossible. The site currently slopes downward toward the bay, and virtually all runoff enters the bay directly. The proposed project will level the site. Wash -out area surrounded by 6-inch curbing will be directly connected to the sewer system. A litter and debris control plan will be prepared and approved by the City. The project will have a beneficial impact on water quality. 7.3 Loss of Intertidal Habitat and Mitigation The Department of Fish and Game initially raised concerns regarding the loss of intertidal habitat as a result of bulkheading and filling the marine railway,' but they supported the project after agreement on a mitigation to equally offset such a` .loss. Representatives of the National Marine Fisheries` Service and the Federal Fish and Wildlife Agency also visited the site and raised similar concerns about the marine railway fill. They ,also support the habitat compensation measures. Neither of these federal agencies have expressed any concerns about the use of pilings in Newport Bay. I 8. HOW WILL THE CONSTRUCTION OF A RESTAURANT AFFECT THE MARINE REPAIR FACILITIES? 8.1 Modernization and Expansion of Marine Repair Operations The changes to Boatswain's. Locker operations as -a result of this project will improve working conditions and expand boat repair capacity. The new boat repair facility in nearby Irvine will provide access to 100,000 square feet of boat storage and construction area. Operations will be cleaner because sanding, sand- blasting, spray painting, and engine repair activities will be moved to a controlled industrial environment. Repair and refinishing work will be performed- inside a building or sheltered area to allow jobs to be completed regardless of weather conditions. Safety conditions will be greatly improved because scaffolding will be set on a flat surface rather than on slopes as at the current site. Work accom- plished on a flat, unbroken yard space should improve efficiency by 30%. Removal of the warehouse from the site and leveling the boat yard will improve accessibility to the crane for large trailers and trucks. Inland locations will also j provide less expensive Jiving costs for employees and also shorten commutes in most instances. 8.2 Tandem Parking and Slip Availability The boat yard and the Chart House restaurant will share the parking area, but will not be, operating at the same time of day. The restaurant cannot be open while the boatyard is still active because of City conditions on the use permit imposing such restrictions. Priority is implicitly given to boat repair operations. Simi- larly, the Boatswain's Locker will have the use of the restaurant guest slips during the day, but restaurant patrons will have use of the slips at night The new slips will be an improvement over existing ones, which are in water too shallow for many boats. 9. WHO IS OPPOSING THE PROJECT? 9.1 Public Hearings Although several peoplehave gone on record in support of the project, no one has voiced opposition during the public hearing process. The project was designed to be consistent with state and local planning efforts and policies. The City Planning Commission approved the project by a unanimous vote, and the City Planning Department has restatedthe: strong local support for' the project in correspondence to the Coastal Commission. 12 cd 9.2 Coastal Commission Staff Comments The first and only opposition expressed to the project has been from the Coastal Commission staff. Although various reasons are cited in the staff. report, only one appears to have merit, and that one requires a very narrow inter- pretation of the Coastal' Act and contradicts numerous precedents. The Chart House/Boatswain's Locker project will provide new coastal access, improved coastal views, improved Newport Bay water quality, a new vistor-serving facility, increased boat repair facilities, mitigations for adverse impacts, and is a priority use according to the conditionally certified LUP. Commission staff contends, however, that despite these overwhelming gains toward achieving Coastal Act objectives, the project should be denied because of. a narrow interpretation of Section 30233(a) governing policies on diking, dredg- ing and filling More appropriate Coastal Act sections for Commission consid- eration may be Section 30007.5 and Section 30009. Section 30007.5 clarifies legislative intent by stating that "The Legislature further finds and recognizes that conflicts may occur between one or more policiesof the division. The Legislature therefore declares that in carrying out the pro- visions of this division such conflicts be resolved in a manner which on balance is the most protective of sig- nificant coastal resources. In this content, the Legis- lature declares that broader policies which, for example, serve to concentrate development in close proximity to urban and employment centers may be more protective, overall, than specific wildlife habitat and other similar resource policies." (Emphasis added) Section 30009 states that: `This division shall be liberally construed to accomplish its purposes and objectives." Staff's narrow interpretation of Section 30233(a) fails to consider the broader policies which will result in substantial public gains and significant coastal resource protection. A constrained interpretation of Section 30233(a) also contradicts Section 30009: 10. WHAT IS THE PURPOSE OF THE U.S. BULKHEAD LINE? 10.1 History of the U.S. Bulkhead Line The first federal survey of Newport Harbor was conducted by Major W.H.H. Benyaurd of the U.S. Engineer Corps in 1888, six years prior to the incorporation of the City of Newport Beach. On February 27, 1911, the U.S.. Rivers and Harbors Act` was enacted which ordered a survey of Newport Bay, and in the Spring of 1912, Congress appropriated $2,500 for the purpose of establishing harbor lines in the Bay. The current harbor lines bayward of the project were established in 1916 by an: Act of Congress, the only ones so established. Later federal legis- lation (1925) allowed the "Secretary of War" to make changes as necessary, and adjustments were made in certain areas of Newport Harbor in 1936. 14 1.0.2 The Purpose of Harbor Lines The City of Newport Beach asked for a federal survey and _establishment of harbor lines early in this century to determine appropriate boundaries for harbor development, pier locations and channel boundaries. The purpose of the U.S. Bulkhead Line is to indicate the bayward limits for locating bulkheads. The U.S. Pierhead Line similarly establishes limits for the encroachment into the channel of piers and docks. Although these boundaries were established in some instances 60 years prior to the Coastal Act, they have directed ; Newport Harbor development since the first Orange County Harbor Commission was established in 1915, The U.S. Bulkhead Line is a significant legal demarcation whose purpose should be acknowledged by the Coastal Commission as it is by other agencies. Traditionally, the U:S. Bulkhead, Line would permit bulkheading and fill to its location in the bay as an anticipated harbor development boundary. 10.3 The Bulkhead 'Line Issue and LCP Development The conditionally certified LUP indicates development to the U.S. Bulkhead Line, and clearly permits such development It does not approve or encourage eventual construction to the U.S. Bulkhead Line, but is does permit such development on a case -by -case -basis where the merits of a- project warrant approval. The proposed project will require the construction of a portion of the restaurant`(2857 square feet), on pilings along with the walkways (1746` square feet) and landscaping (465 square feet) to make the project at all feasible. Pilings may be included in the definition of fill in the Coastal Act, but they are :in no way as environmentally dam- aging. The use of such pilings along Mariner's Mile is a long-established practice, and not once during 30 to 40hearings and meetings on the Newport Beach LCP did Coastal Commission staff ever voice any objections based on Section 30233(a) or anything else To the contrary, the Coastal Commission has approved almost identical projects within the same block as this proposal without ever raising the issue. 11. HOW DOES THE CONSTRUCTION OF THIS PROJECT COMPARE TO OTHER PROJECTS ALONG MARINER'S MILE?` The precedents cited within the Commission's staff report are not analogous to the proposed project and confuse,' rather than clarify, the real issues before the Commission. "Permit' No. 5-81-88 (Johnson, City of Redondo Beach) is cited as a "precedent" when the Commission never acted on the application because it was withdrawn prior to any Commission action. Furthermore, the "Lady Alexandra" application was not comparable to the Chart House/Boatswain's Locker project even if it had been acted upon. Q� .Q c 0 c a� a. c� a� a� -� c �X ll.l Comparing the totally developed lower Newport Bay to the requirements neces- sary for protection of environmentally sensitive wetlands as addressed by the Commission's Wetland Guidelines is equally inappropriate. The -decisions involv- ing Carmel Valley Road (Appeal No. 156-79 and permit application No. 6-81-15) are also unjustifiably cited as precedents in the staff report Using an established' practice, the use of pilings, in a developed harbor is hardly - analogous to the proposed =one -acre filling of a lagoon which is recognized statewide as an environmentally sensitive wetland. The staff may have also erred in citing Application No. 5-81-371 (Valdez and Threinen) as a precedent for this project. Denial of a three-story office building which would have blocked coastal views is not comparable to a 27-foot high restaurant and boatyard modification which will enhance coastal views. There are numerous projects which do establish precedents directly related to this project 11.1 The Seaside Restaurant (P-80-7354) In Decembe► of 1980 the Coastal Commission unanimously approved development of the Seaside Restaurant which projects 10 .feet bayward of the previous bulkhead on pilings in the nearby Cannery Village area of Newport Beach (adjacent to the Rhine Channel). The Seaside Restaurant provided a 5' wide public access easement between the bulkhead and the restaurant, and also had certain parking conditions. 11`.2 The Larson Shipyard (Robinson, (P-79-5421) In December of 1979 the Coastal Commission unanimously approved a mixed use marine office/boatyard project in the same blockas the proposed Chart House/Boatswain's Locker project. The Larson Shipyard' Project allowed the marine office building to be built on pilings 40 feet bayward of the previous bulkhead. The use of pilings, the construction bayward of the existing bulkhead, and the issues related to filling were never raised by staff or commissioners. This development on the same block as the proposed project clearly establishes a percedent which did not offer several of the coastal benefits of the project now being considered. 11.3 The Sea Scout Base (P-78-3021) In the spring of 1978, the Coastal Commission unanimously approved Application No. P 78-3021 (and later Amendment No. P-79-4919) which allowed the Boy Scouts to construct a new concrete bulkhead at the U.S. Bulkhead Line, a short distance to the east of the proposed project `Dredging, of material from the seaward side of bulkhead ` to infill existing intertidal area" was permitted without any filling issues' being addressed or mitigations for loss of intertidal area being provided. "Installation of new concrete piling and piers" was also permitted without any concern expressed by commission or staff regarding the environ- mental consequences of pilings. View of bulkhead east toward Gands The conditionally certified LUP clearly permits the construction of piers using pilings in the Newport Harbor. From an environmental standpoint, the effect of a piling supporting a pier versus a piling supporting the proposed project is nil, except that the litter and runoff control of the, proposed project will be superior to that of a typical pier. 11.4Other Restaurants The proposed project is similar to other development along Mariner's Mile which received earlier development aprovals such as the neighboring Cano's Rest- aurant the Rusty Pelican, and others. These facilities utilize pilings, and their environmental `effects have been minimal. The proposed Chart House is compat- ible with its surroundings and can offer significant benefits. 12. WHAT COASTAL ACT OBJECTIVES WILL BE GAINED BY APPROVAL OF THIS PERMIT VS DENIAL? 12.1 New Public Access vs. a Six -Foot Security Fence The current operation of the Boatswain's Locker requires a 6-foot security fence .around the property to protect the parts storage areas and customer's property, and to prevent injuries. Moving longer -term boat repairs to an inland site, moving the warehouse, and leveling the work area will allow the boat yard to operate without perimeter fencing. The public will be assured new vertical and lateral access to the coast along Mariner's Mile. 12.2 Addition of a Visitor -Serving Facility vs. None Although a boat yard is an important coastal facility, the number of people that utilize its services is limited to boat owners. A new restaurant on the waterfront and walkways open to everyone will allow a much larger number of people to visit and enjoy the Newport Bay. 12.3 Addition of a New Coastal View Corridor vs. None The existing buildings and boats within the boat yard almost totally block any view of Newport Bay. The removal of the warehouse and siting of remaining build- ings will provide a significant new view corridor for public enjoyment from Coast Highway. The best new views, however, will be those enjoyed by people who take advantage of the new accessways provided by the project. 12.4 Increased Marine Repair Efficiency vs. Ineffeciency The Boatswain's Locker has been a highly successful marine repair facility despite the disadvantages of operating on a sloping boat yard and limited boat and parts storage areas. The changes in operations will increase the Boatswain's Locker repair capacity by increasing storage areas, moving repairs to an indoor working environment, and leveling the working surface for improved safety at the site. The boating public will receive improved boat repair and retail services. L US. Pierhead Line Newport Bay Proposed Site Plan Chart House/Boatswain's Locker Project . coastal Permit Application 21 15 F C■ C O N RS 'C7 N 0. O LL 12.5 Improved Bay Water Quality vs. Continued Runoff Despite constant efforts to limit runoff from the existing_ boat yard operations, the activities typical of such a site no doubt contribute to Newport Bay water quality degradation. The new project will remove the most likely sources of water pollution from the site and provide the means to prevent any remaining run- off from entering the bay. Closure of the marine railway will have the greatest effect on improving Newport Bay water quality. 12.6 Intertidal Habitat Enhancement vs. Loss of an Obsolete Marine Railway The intertidal habitat area being affected by the project is minimal compared to the more environmentally' significant area that can be restored and enhanced by the agreed -upon compensation program. The intertidal area being removed by the project is at the base of the marine railway and is the receptor of the majority of the site's runoff. The 'replacement habitat will be determined by the City and other agencies and may be in the Upper Newport Bay. The gains in restored intertidal habitat will outweigh the losses of habitat in the developed harbor and of the loss of an obsolete marine railway. 12.7 Boat Access to Dining vs. Automobile Usage The Newport Harbor is the largest small craft harbor in the United States. Resi- dents and vistors will be able to take advantage of the guest slips for an alter- native means of access to dining at the new Chart House. View of west bulkhead Amended motion by Commissioner Balalis_for approval of 1 Ayes X X X X'K X'X Use Permit No. 2025 and the acceptance of the. environmental document,. was now voted. on as follows, whic3Y AMENDED MOTION: CARRIED ENVIRONMEIiTAL DOCUMENT Accept the Environmental Document as complete. with the finding indicated below: FINDINGS: 1. That an Initial:Study and Negative Declaration has been prepared in compliance with the California: Environmental- Quallty Act, and that their contents, have been considered in the decisions on this project. .2.. That based on the information containedinL the Negative Declaration,, the project incorporates: sufficient mitigation measures to reduce potentially -significant environmental effects, and that the project will not result in significant environmental impacta. USE PERMIT NO. 2025 FINDINGS: 1. That the 'proposed use is consistent with the City of Newport Beach General Plan and Local Coastal Plan, andis. compatible with surrounding land uses.. i 2. The project will not have any significant- environmental impact. 3. The Police Department has indicated that they .do not: contemplate` any problems. 4. The proposed restaurant use will not preclude the attainment of the objectives. for the Mariner's Mile Specific Area Plan. -15- - --CONWISSIONERS October 29, 1951 MINUTES Cr.�D City P Of. Newport ,Beach 7LLALI INDEX 5.. That. the establishment of tandem and compact car parking spaces, in the on -site parking, area will not, under the circumstances of the particular case., be detrimental to the health, safety, peace, comfort and general welfare of persons. residing or working in; the neighborhood of such proposed use or be. detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent'of Title 20 of the Municipal Code. 6. That. thelimited use of the off -site municipal parking lot for employee parking will not create undue traffic hazards in the surrounding areas. 7. That the hours of operation of theproposed restaurant and the marine commercial use are such, so as: to allow joint use of the on -site parking facilities.. - S. The approval of Use Permit No. 2025 will not, under the circumstances of this case., be detrimental to the health, safety, peace, morals, comfort and , general < ' welfare of persons residing and working in the neighborhood or be. detrimental or injurious to property' or improvements in the neighborhood or the .general. welfare of the City.• CONDITIONS. - I.. That development shall be in substantial conformance with the. approved plot plans, floor plans.and.elevations except as noted below. Z. That. twenty (20) in -lieu parking spaces shall be purchased from the City on an annual basis, for the duration of the restaurant use and that the annual. fee for said parking shall be in accordance with Section 12.44.125 of the Newport -Beach Municipal Code., In the. event a parking structure - is built on the Municipal lot, a one time purchase fee,. not to exceed $10,000 per space shall be required. 3 That employees of the: restaurant shall be required to park in the municipal parking lot. -16- OLL CALL INDEX 4_. That any, trashareas shall be screened from the - adjoining. property and from West. Coast Highway and. Newport Bay.. 5. A wash -out area surrounded by 6-inch curbing or the equivalent and connected directly to the sewer - system shall be provided.. 6. The parking lot and all landscaped areas shall be kept clean and properly maintained. 7. Prior. to, demolition of existingy facilities and construction of new- facilities, a complete plan - for litter and -debris control shall be approvedby the Planning and Marine Departments to ensure that no debris. is permitted to enter Newport Harbor. 8.- The use of valets for parking for the restaurant operation only, shall be required during all hours of operation. 9. That a minimum of one parking space for each 40 sq. ft. of "net public area" and one parking space for each 250 sq. ft- of floor area in the marine hardware building -shall be provided. 10. Prior to issuance of building permits, the -- applicant shall agree to participate in a compensation program for the doss- of intertidal areawhich ° shall be commensurate with. the replacement costsof the intertidal habitat, not to exceed $5,000, provided that the City and the various agenciesinvolved in regulation of Newport Bay have established such a program.. 11. Development of the site shall be subject to a grading permit to be, approved by the Building and Planning.Departments. 12.. A grading plan shall includea complete plan for temporary and 'permanent drainage <facilities, to - m;nu=e: any potential. impacts from silt, debris, and other water, pollutants. a 311 CALL U. The grading permit shall include, if required, a description of haul routes, access routes, access' points tothe- site, and a watering and sweeping program: designed tominimize impacts of haul operations_. 14. An erosion and dust control plan shall be submitted and be subject to approval of. the Building Department. 15. An, erosion and siltation control plan, if required,:. shall be approved by the California Regional Water Quality Control. Board. Santa. Ana Region.. 16.- Gradinq shall be conducted in accordance with plans prepared by a civil engineer and based on recommendations of a soils engineer and an engineering geologist subsequentto completion of a comprehensive soils and geologic investigation. of the site. "Approved as Builtn grading plans on. standard -size sheets shall, be furnished to the Building Department. 17. Final site plans: shall be reviewed and approved by the Traffic Engineer to. ensure adequate on -site circulation and: sight distance at ingress and egress locations. 18. The restaurant shall provide an escort or van system to ensure the safety of restaurant personnel returning to the, municipal parking lot after' restaurant hours. 19. Thatthe restaurant shall not be open to the public prior to 5:00 p.m. and shallclose no later - than 200 a.m., on a daily basis, except on Sundays or at any other time the boat yard is not open. If the boat yard is not open on Saturday, the applicant shall be allowed to serve brunch 20. Final design of the.- project- shall provide for the incorporation of water -saving devices for project l.avatorie&and other water -using facilities.. -18- INUtX COMMISSIONERS MINUTES October 29, 1981 -4 City of Newport Beach y p XL CALL INDEX 21. - Prior to. occupancy, of: any building,. the applicants. shall provide written verification from Orange County Sanitation District No. 5 that adequate sewer capacity is available to serve the project. 22. Any mechanical equipment and emergency power generators shall be screened from views and noise associated with said structures shall be sound -attenuated so as not to exceed.55 dBA at the _ property lines The latter shall be based upon the recommendations of a_ qualified acoustical engineer and approved by the Building Department. The boat yard crane shall be excluded from such requirements_ 23. Prior to occupancy of any buildings, a program for _ the sorting of recyclable material from other solid wastes shall -be developed and approved by the Planning.Department.. 24. A landscape and. irrigation plan for the project shall be prepared by a Licensed landscape architect.. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. (Prior to occupancy,a licensed landscape architect shall certify- to the Planning Department that the landscaping has been installed in accordance with the prepared plan) 25.The. landscape plan shall be subject to review of the Parks, Beaches and Recreation Department and approval of the Planning Department. 26. The landscape plan shall include a` maintenance - program which controls the use, of fertilizers and pesticides:., 27. The landscape plan shall place. heavy emphasis on the use of'drought-resistant native vegetation and be irrigated via a system designed to avoid surface: runoff and overwatering. -19- 211. The landscaping,, plans „ adjacent to the drive entrances shall be. reviewed and approved by the Public Works Department and the Department of Parks-, Beaches and Recreation for sight distance requirements. 29. The project shall be so .designed to eliminate: light and glare spillage on adjacent. uses. Any parking lot lighting shall be subject to approval of the Planning Department. 30. Should any resources be uncovered during construction, a qualifiedarchaeologist or paleontologist shall evaluate the site prior to completion of construction activities, and all work on the site shall be done in, accordance with the City Council's.Policies K-5 and K-6. 31. That.grease.interceptors shall be installed on all fixtureswhere grease may be introduced into the drainage systems in accordance.with the provisions of the Uniform Plumbing Code. 32.. The final design of on=site vehicular• and pedestrian circulation shall be reviewed and approved by the Public Works Department and the Planning Department prior to. issuance of the grading: permit. 33. Signing shall be reviewed by the City Traffic Engineer. 34. Handicap and compact parking spaces shall be designated by a method approved by the City Traffic Engineer.. 35.. The. layout' of the surface and structure parking. shall be.subject to further review and approval of .the City Traffic Engineer. 36. The parking: arrangement during the construction period shall be approved by the City's Planning Department and Traffic Engineer prior to issuance of any grading and/or building`permit(s) should, the applicant desire to continue operation of the existing facilities during the construction period -20- c- -COMMISSIONERS October 29, 1981 1i m Q XW D Cit of Newport Beach y p XL' CALL MINUTES 37_ All on -sitar drainage: -shall be approved by the City Public Works.. Department.. 38-. Prior tc issuance of building and/or- grading/demolition permits, the Planning Department shall approve a signing -program -for the proposed project_ 39.. A weekly cleanup program around the docks and public walks shall be conducted on a regular basis. Construction basins or other devices shall beinstalled to prevent waste from getting into Newport Bay. 40. An Army. Corpse of Engineers. permit shallbe obtained prior to any reconstruction of bulkheads. .41. That all improvements be constructed as required by Ordinance and the Public Works Department. 42.. That an engineering report on the existing bulkhead be prepared by a civil or structural engineer, and that the bulkhead be upgraded in. conformance with the recommendation of the engineering report and to the satisfaction of the Building Department and the Marine Department. The top of the bulkhead is to be at elevation 9.00 above M.L.L.W. (6.27" M.S.L.) The design of the new portions of the bulkhead andrampshall be - approved by the Marine Department and the Building Department. 43. That a 10-foot.wide easement be granted to the. City along the bay frontage so as to provide unobstructed public access across the entire project. '(except in front of the boat launch) Said easement shall be improved with a concrete walkway or other material meeting the approval of the Public Works and Planning Departments. With respect. to the public access easements to be granted by the applicant, the City and the applicant shall enter into an agreement approved to in foray by the City Attorney, that will allow applicant or his employees to, restrict access to or travel along the easement during the operation of the boat yard when necessary to preserve public safety. -21 INDEX r: CC)MNMISSIC)NERS October 29, 1981 MINUTES- z (A 3 CitY P of Newport ort Beach DLL CALL z- 44. That a public access. easement shall be granted to the City so as- to provide unobstructed public access, front the sidewalk on west Coast. Highway to the. walla ay on the bay. Said easement. - shall be located. and improvedin. a manner meeting the approval of the Public works and Planning Departments. with respect to the public access easements to be granted by the applicant, the City and the applicant shall enter into an agreement approved to in form by the City Attorney, that will allow applicant or his employees to restrict access to or travel along the easement. during the operation of the boat yard when necessary to preserve public. safety. 45. That full width concrete sidewalk be constructed along the West Coast.Highway frontage and that any unused drive depressions shall be removed and replaced with curb, gutter and sidewalk. That all improvements.along West Coast Highway be completed under an encroachment permit issued by the California Department of Transportation. 46. That a standarduse permit agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a buildingpermitprior to completion of the public improvements. 47. That the applicant agree to the removal of the on -street parking across the, property frontage (approximately_3 parking spaces). 48. That an occupancy permit for the proposed restaurant use shall .not be permitted until the completion of. the,- proposed municipal parking lot in Mariner's Mile. 49. That a maximua credit of four parking spaces shall be: given for the proposed four guest dock facilities. Should the guest docks be used for: any use other than guest docks for the restaurant, the, owner shall be requiredto provide four parking; spaces in,a location meeting the approval of the Planning Commission, or reduce the net I publicarea of the restaurant accordingly. -22- INDEX Ir COMMISSIONERS MINUTES October 29, 1981 -4 m City of Newport Beach 11 CALL IN So. That: the applicant recognize -that at some time in the future, upon the: implementation of the Local coastal Plan, signage- will be required on the: required access easements - The Planning Commission recessed at 10:20' p.m. and reconvened at 10:30 p.m.' Request to permit the: construction of a two -unit Item #6 residential condominium project and related garage spaces in,the R-2 District.. USE PERMIT' AND NU. 2026 Request to create one parcel of land for residential. condominium purposes where one lot presently exists. AND _LOCATION:. Lot 6, Block 34 of: Newport Beach Tract, located at 3411 Seashore Drive, on the Item #7 southerly side of Seashore Drive between 34th Stret and 3Sth Street in West Newport. RESUS- ZONE: R-2. DIVISION NO. 697 APPLICANT: Properties West, Newport Beach OWNERS Same.as applicant Both SURVEYOR: Rom Miedema, Costa Mesa Removed From =aTendar Staff: advised that the applicant has requested that these items be withdrawn. ion Motion was --made- to remove Use Permit No. 2026 and Ayes X X X X' X X Resubdivision No. 697 from: the calendar, which MOTION CARRIm' -23- California Coastal Commission 666 E. Ocean Blvd. Suite 3107 Long Beach, CA 90801 Chairman Schwartz and Members of the Commission: The purpose of this letter is to ccmment on the pending application of Hank Hill and the Chart House Restaurant (Application #5-82-12). The ' City doesn't normally comment on individual applications before the Coastal Commission, however, in this particular instance it is our opinion that the staff recommendation goes beyond any previously established Coastal Commission precedent and further makes an interpretation of the City's Local Coastal Program that goes beyond the intent of both the City of Newport Beach in adopting the plan., and the Coastal. Commission in conditionally approving the plan. The staff recommendation for a denial is based on 5 identified areas of concern as follows: 1. Inconsistency with Coastal Act and LCP policies on diking, dredging, and filling of coastal waters, 2. Scenic and visual qualities of coastal areas, 3. Inconsistency with the City's LCP Land Use Plan, 4. Significant adverse environmental impacts within the meaning of the California Environmental Quality Act, and 5. Previous Coastal Commission Actions. The discussion which follows will comment on each of these five identified areas of concern in order. Coastal Act and LCP Policy conflicts relating to diking, dredging, and f illing. The Local Coastal Program Land Use Plan establishes the U.S. Bulkhead line for the division between upland uses and uses of lower Newport Bay for which the city's diking, dredging, and filling policies apply (See attached LCP map). 3300 Newport Boulevard, Newport Beach The only LCP policy which addresses development in areas landward of the U.S. Bulkhead line appears on page'22, Item B2 which states, "New developments on the waterfront shall take into consideration existing water area for docking facilities. This policy ultimately allows " the City, and the Coastal Commission on appeal to approve projects proposing to construct to the U.S. Bulkhead line on a case by case basis and weigh the merits of the Project in terms of proposed use, public access, etc., against the potential loss of water area used for boat berthing. A strict application of the restricted uses designated for Lower Newport Bay to the area behind the established U.S. Bulkhead line is in direct conflict with this policy statement in the City's Land. Use Plan. The Prop proposal is to build the structure on pilings. Over past years this technique has been cantnnly accepted as a "less environmental damaging alternative to bulkheading. Describing this technique as "filling estuarine - habitat of Lower Newport Bay" is not reasonable. In the City's evaluation of this project., a condition was attached which sires the applicant to donate $5000 to habitat restoration in Upper Newport Bay. This mitigation was developed with the cooperation and support of the State Department of Fish and Game. It is the opinion of the City and the Department of Fish and Game that this mitigation, measure more than compensates any habit loss in Lower Newport Bay. Attached are copies of recent Fish and Game correspondence supporting this concept. Visual Resources To -totally deny the project because of inconsistencies with. Coastal Act and LCP policies on Visual. Resources is not warranted. The City's LUP, under the discussion on view preservation, states that "this policy is not intended to prohibit development on any site" (page 26) The LUP further identifies specific: sites where views should be protected. The proposed development is not on one of those identified sites. The project could be modified to increase view potential fran Coast Highway. As stated in the March 18, 1982 staff report, the project will 'inprove public views from Coast Highway and provide a public walkway adjacent Newport Bay. LCP Conflicts In the Coastal Commission conditional certification of the City's LUP the staff reccuuended that visitor-servinguses be given a higher priority. It was,specificaliy recommended that modification be made to the LUP "which would clearly give priority to visitor -sewing uses over office and other general c=n=cial uses" In response to this concern the City's LUP was modified and now permits restaurants as a "priority use" subject to a.use permit. Significant Adverse Environmental Impacts Page 2 of your staff report states: "...and would have significant adverse =mcts on the environment within the meaning of the California Environmental Quality Act." After a careful review of the Staff Report and Recommendation, the Initial Study, Negative Declaration and evidence of record on file with the City of Newport Beach we can find no facts to substantiate this statement. An Initial Study and Negative 'Declaration were prepared and accepted by the City of Newport Beach related to this project. These documents were prepared and accepted in accordance with the California Environmental Quality Act (C.E.Q.A.), State C.E.Q.A., Guidelines and City Policy. No significant adverse impacts that could not be mitigated were ,identified in these documents or in the subsequent information discussed in your staff report. Mitigation measures suggested in the environmental documents were designed working with the, Santa Ana Regional Water Quality Control. Board and State Department of Fish and Game. All mitigation measures have been incorporated into the project as conditions ofapprovalof pernuts by the City of Newport Beach. Previous Coastal Commission Actions The projects sited as precedent for denial do not involve similar proposals. The "LadyAlexandra" project (No. 5-81-88) was never even acted on by the Commission. Further, it involved construction totally over the water on 'public. tidelands" owned by the City of Redondo Beach. The application was withdrawn by the applicant after a negative staff report. The Chart House proposal does not involve construction on public tidelands, and is proposed to be totally within the boundaries of a legally subdivided, privately owned lot. The Carmel Valley Road (Appeal No. 156-79) denial involved solid fill being - placed in the Los Penasquitos Lagoon (a wetland) for construction of roadway in�rovements . Similarly, the Chula Vista LUP issue involved solid fill in a wetland for construction of a roadway. The previous Coastal Commission actions which do establish a precedent are as follows: Rcbinson''(P-79-542). In December of 1979 the Coastal Commission unaninously approved a mixed use marine office/boatyard project in the same block as the proposed Chart House. The Robinson project allowed the marine office building to be built on pilings 40'feet bayward of the previous bulkhead. Seaside Restaurant (P-80-7354) In December of 1980 the Coastal -Commission unanirmnsly'approved. this project which projected 10 feet bayward of the previous bulkhead on pilings, in the "Cannery Village" area of Newport Beach. The Coastal Commission in denying this project and supporting your staff recommendation will be setting a new precedent with respect to development of legally' subdivided lots in areas landward of the U.S. Bulkhead line. Previous Commission decisions have not been consistent with this "new" .interpretation. The projects discussed above illustrate this. The City has been working on the Local :Coastal Program LUP continuously since early 1978 and Coastal Commission "staff have been involved in all major meetings and decisions. The issue of prohibiting development behind the U.S. .Bulkhead line was never discussed: P \ \ W Y m 29 do '� do v \ 3. =' W. j N 3I.- / -A 'aHc .N. L■ \\//j \ 1�� s -C ac w qc J1,/ • `� • / JJJJ JJ � � N J J JJJIJJJJJIJJ V P // .�. w W w ` �J�J,J/ J JJ IJJJJJJJIJJ} •� l_` W w J J +J'`J J JJ JJ JJ JJ JJ J�j .[7 Y ♦i i J ,y� 1 J J J J 1 J J �JJ1J JJJJJJ J J JJJJ)JJJJ �•' y� //.. ,W ' � JJJJ ; J+J+JJ JIJJJ ''L JJJ1J � �O JJ.J W JJJiJJJJ JJ JJJJJ .(s Jy/L �/. // O w V 0 N' cc Z ■■■■iiii ��J, JJJJJJJJJJJ J •� W i ac O ~ IC �,J JJ J J J J JJJJ. ^� •/ '/ / cl L'. d'. :O.i W t �, J JJJJ JJJJ �. t • / t. Qat. W ACat iL: y a m W W at W C9 19 W W O W O Aft No a� or Nor 1 ♦ JJ J p � �. () W _ Q \� ,. � fit . /� ��j • I Yr N � W ......... uj . r- f •+ca n�. . L . � � � I ' � Qom""^��,Sor� ..~:•: :3 i O/Y siw .J•r �� �—.................... � 1 0 iI!.'oo J J V (213) 590-5158 March 16, 1982 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA. 92663 Ref.: Use Permit No. 2025 Att: Bob Lenard Advanced Planning Administrator The Department of Fish and Game concurs with the proposed habitat mitigation described as condition No;. 10 of the approved use permit as contained in the. City Planning Commission's action which reads- "Prior to issuance of building permits, the applicant shall agree to participate in a compensation program for the loss of intertidal area whichshall be commensurate with the rep - la -cement costs of the intertidal habitat, not to exceed $ 5,000, provided that the City and the various agencies involved in regulation of Newport Bay have established such a program. � A`similar program has been initiated to compensate -for previous habitat losses, ,by excavating material from. Shellmaker'Island to establish additional intertidal habitat. We have recently initiated a proposal to establish a depository system for funds to conduct habitat improvements within. the Upper Newport Bay Ecological Reserve whenever on -site mitigation may not be feasible or desirable in maintaining any meaningful preservation of the natural resources. Copies of this proposed system were dist- ributed for comments on -January 26,, 1982, Fred Talarico and Tony Melum were included in the distribution of the proposal. A copy of the Department's recommendations (9-28-81) is attached for your information. STATE OF CALIFORNIA—RESOURCES AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OE FISH AND GAME MARINE RESOURCES REGION 350 Golden Shore Long Beach, California 90802 (213) 390-5117 28 September 1981. Mr. William R. Foley, AICP Vice President Larry Seaman Associates, Inc. 500 Newport Center Drive Suite 525 Newport Beach, California 92660 Dear Mr. Foley: In response to your letter of September 11 1981 and the on -site meeting of September 23, 1981 regarding the proposed construction of a Chart House 'restaurant on the site presently occupied by Boatswain's Locker boat yard, we would reiterate our views as expressed at that meeting. Our basic concern with respect to the proposed project is for the ,loss of marine inter and-subtidal habitat which would result from the bulkheading and filling of the existing marine railway. As discussed, we would not ob- ject to the proposed project if alternative construction methods were utilized which did not require bulkheading and filling. Should alternative construction methods prove to be engineeringly unsound and bulkheadina and filling required, then we would request compensation for habitat loss. This could consist of restoration of a degraded upland area within Newport Bay to an intertidal area. You indicated that you would explore alternative construction methods and compensation measures should they prove necessary. We also indicated that we would explore the use of suitable areas within Upper Newport Bay as com- pensation sites. We appreciate the opportunity to meet on site and discuss the proposed pro- ject prior to its finalization. 1Sincerrely, _ �^ John L. Baxter `� Regional `tanager ' _� 1 •'J1' , .. r . 1.'� :i .. ! i �/1JVil� •iiMii=L Southwesi Rea. -- - 300 South Ferry S,reet Term.inai island, r ai(iornia 90731 September 28, 1981 F/SWR33:RSH tifr. William R. Foley Larry Seeman Associates, Inc, 500 Newport Center Drive, Suite 525 Newport Beach, CA 92660 Dear Mr. Foley: As I indicated to you during our meeting of September 23, 1981, our Agency's primary concern with the proposed construction of a Chart' House restaurant in Neu,mort Bav involves the proposed fill of the existing *urine railway and subsequenr loss of marine fishery habitat. It would be preferable if the proposed project could be built without any fill activities. If, however, this option is not feasible, we would recommend that habitat compensation measures be included as'pa.rt of the total project. A copy of our Southwest Region's Habitat Protection Policy is enclosed for your information, Should you have any further questions a� please contact me at the aboveaddressor phone (213) 548-2.518. Sincerely yours, ,17 f/ ' Robert S. Hoffman Fishery Biologist June 8, 1973 NATIONAL MARI�;'B FISHERIES SERVICE SOUTH1iEST REGION 3 HABITAT PROTECTION POLICY The National Marine Fisheries Service (N,LFS) reviews Federally initiated or Federally licensed or permitted projects which have the potential of altering aquatic environments and thereby impacting the biological resources which depend upon those habitats. The Southwest .Region of bf2IFS will not recommend approval or authorization of any project or activity that will damage any existing or potentially restorable habitat or living marine, estuarine, or anadromous resources. Habitat may include spawning areas, rearing areas, food-producin' areas, or other areas necessary for the survival of those organisms. The water -dependence of the proposed activities will be a positive consideration in determining project approval. Under circumstances in which habitat/resource damages can be compensated, , exceptions to the policy may be allowed. The following conditions are required for such exception: 1. The project will incorporate all feasible modifications and construc- tion techniques to eliminate or minimize adverse environmental impacts; 2. An acceptable combination of habitat restoration, enhancement or off - site acquisition will be adopted to compensate for adverse environmental impacts that cannot reasonably be eliminated by project modification; and 3. Post -project habitat value shall be equal to or greater than pre -project habitat value. Deter=nation of post -project value will be based on the contrib- ution of that habitat to the support of commercial and recreational fisheries, •fishery resources, certain marine mammals, and/or endangered species. Some of the types of projects and activities which may cause damage to marine, estuarine, or anadromous resources include: dredging, filling, river alterations, drainage of wetlands, discharge of effluents, as well as certain construction or operational activities-. The activities listed are not intended to be all-inclusive but are representative of activities which are of concern to N2'IFS. It is in the best interest of project sponsors to contact the appropriate NiiFS office as early as possible to determine the impacts, if any, of each particular project. For further information contact one of the following offices: National Marine Fisheries Service National Marine Fisheries Service Environmental Assessment Branch Environmental Assessment Branch 3.00 South Ferry Street, Room 2016 3150 Paradise Drive Terminal Island, CA 90731 Tiburon, CA 94920 Telephone: 213-548-2518 Telephone: 415-556-0565 National Marine Fisheries Service Environmental Assessment Branch Western Pacific Program Office 2570 Dole Street Honolulu, HI 96812 Telephone: 808-946-2181 - !!1 John Callahan - _ 11 'Information you wanted from Ken Kellogg - !' The amount of (whatever) hanging over the water - i total is 5,068.5 sq. ft. -- Within that is: , walkways and seats take up 1,746 sq. ft. landscaping 465 sq. ft. -- restaurant 2,857 sq. ft. walkways and seats 34% landscaping 9.2 - restaurant ---------------------------------------------------------------------- 56.4% Piles - there will be two rows of piles,- five positions in each row Each position has two piles at an angle for seismic reasons. Total of 20 piles - The approximate cross section of the piles will be 24 inches (a guess) Please call him if you need more information. 2:50 pm 3/ 17/82 NAME Boatswain's LocHH M N ewporrt �oeacfi, Ca ' 92663 APPROVED BY: DATE OCHD ENGR 1-1 COUNCIL ❑ PUBLIC WORKS _ DEPT. ESCROW El INSPECTION El SPECIAL CONDITIONS ADDRESS OF PROPOSED FACILITY PERMIT *' ✓ r'�; 2431 W. Coas Hwy �- T ELEPHOh� N F C,H Ki NO. _ ATE t(i714) 642-6 00 &6 10-5-82 APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT rO CONSTR exsting marina & bulkhead CT�P.EVISE A . AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING BY COMPANY KATED DATE SIGNATURE CITY OF NEWPORT BEACH, CALIF. Wx FORM 6e.1010 DRESS OF pR0P05 EDFACI T -- - -- `_pERMIT`.- `92 TELEP F o. DATE' f1A?E APPLICATION -IS HEREBY .MADE FOR A HARBOR PERMIT TO CONSTR C� A� iiiik it l , ❑ AT THE ABOVE. LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING � 'COUNCIL ❑ i - BY I,PUBLIC COMPANY. WORKS ❑. ATE. - - -ESCROW ❑ DATE - INSPECTION �- ❑ - -�,....� SIGNATURE------------------ ('SPECIAL -CONDITIONS: - - - - WX FORM 68-1010 CITY OF NEWPORT- BEACH,CALIF. -j{� C S { �yp ppii j 1 i y 4 11 Dist j #Q ip y,� JLflp t � �r t) f Vll W1*IDSIbLE Pon1 C P w G_ A _ MT1�w INLETS ANDW111MI151.1 Pon P ) U DTI.. THIS H I' MIN I N r� AREA MAIN 2 T T 1 f i � ?. DRAVl� r� Y � m AK[k` MIN SUWRSIr b 50 PAS I Ir itE� .. i� 41 _ Q 1= I I* N I� O �. 4 u , i l 1 D I«. � L I�DvI SWIM T NOTE MIMS- . 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