HomeMy WebLinkAboutM2005-0069SPECIAL CONDITIONS:
CITY OF NEWPORT BEACH, CALIF.
WX FORM 68-1 ol 0
NAME
ADDRESS OF PROPOSED FACILITY PERMIT #
EARL N. BROWN
2646'—kYSHORE DRI
/Z � — 7�
MAILING ADDRE ssGARDEN GROVE,CA 9264 7TEL71H.NIL FEE :H C
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12755 BROOKHUkST ST. #203
714-636-162� $50. 15 � 4/4/91
APPROVED BY: DATE
APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO
OCHD
NNYWiTIREVISE A_ BULKHEAD
ENGR
AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF
NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING
COUNCIL
BY RICHARD K. SHOGREN & ASSOCIATES
I
294I-
COMPANY
4/4/91
.
DATED
DATE
DEPT
El
ESCROW
INSPECTION
44 /w
SIGNAT?"
URE
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SPECIAL CONDITIONS:
CITY OF NEWPORT BEACH, CALIF.
WX FORM 68-1 ol 0
CITY OF NEWPORT BEACH, CALIF.
WX FORM 66-1010
NAME
WILLIAM S; MESSENGER
ADDRESS OF PROPOSED FACILITY
2616,-"kYSHORE DRIV��
MAILING ADDRESS GARDEN GROVE,CA 92641fTELEPHONEi,
FEE %/ 7Ell NO —;ATE
I
12755 BROOKHURST ST #203
714-636-16201 50. 1 5689 1 4/4/91
$
APPROVED BY: DATE
APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO
a6W&P;YT/REVISE A BULKHEAD
OCHD
AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF
ENGR
NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING
0
RICHARD K. SHOGREN & ASSOCIATES
COUNCIL
BY COMPANY
131d'L
4/4/91
DATED
DEPT
DATE
ESCROW
N
I SPECTION
SIGNATURE
El
SPECIAL CONDITIONS:
CITY OF NEWPORT BEACH, CALIF.
WX FORM 66-1010
NAME ADDRESS OF PROPOSED FACILITY PERMIT #
TERRY A. SHEWARD 2636( ',YSHORE�YDRIVE
MAILING ADDRESS
,GARDEN GROVE,iCA9264( TELEPHOi�'E FEE HECK NO. DATE
$
127,55 BROOKHURST ST. #203 -636- 50 . 690 9
714 162J 5 c 4/4/ 1
APPROVED BY: DATE APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO
OCHD R� COMNZWREVISE A BULKHEAD
ENGR AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF
NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING
COUNCIL BY RICHARD K. SHOGREN & ASSOCIATES COMPANY
a* 4/4/91
B. DATED
DEPT�
ESCROW E-1 DATE
INSPECT ION SIGNATURE
El
SPECIAL CONDITIONS:
CITY OF NEWPORT BEACH, CALIF.
WX FORM 68-1010
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ADDRESS OF PROPOSED FACILITY
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APPROVED BY;
DATE
APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO
OCHD
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ENGR
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AT THE ABO�F LOCATION IN ACCORDANCE WITH THE CITY OF
NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING
COU NCIL
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B Y -DWA� COMPANY
DATED
PUBLIC WORKS
F
DATE
DEPT.
ESCROW
1-1
INSPECTION
DK J4 t46 -Y
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SPECIAL CONDITIONS:
CITY OF NEWPORT BEACH, CALIF. wx FORM 68�1010
SPECIAL CONDIT� Is:
1. Subjeu. to, obtaining a Use Permit
2. Permit issued for 2633 W. Coast Highway only. Movement
of Dry Docks required a new permit.
Mailing Address change: c/o Michael T. Trockey
15300 Ventura Blvd #414, Sherman Oaks, CA 91403
t
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NAME
ADDRESS OF PROPOSED FACILITY
G4AY,,-
Harriet
rERM11
JjWy. _ 12-9-21,
2633 W- 00ttst 6 3 3
TELEPHONE NO. FEE NO. DA7 E
MAILING ADDRESS
617 UQi:,sL
lixj. N.B.
APPROVED BYi
DATE
APPLICATION IS HERESY MADE FOR A HARBOR PERMIT TO
CONSTRUCT/RFVISE A Bua-khon,cl
OCHD
E]
A -r THE ABO�E LOCATION IN ACCORDANCE WITH THE CITY OF
ENGR
NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING
COUNCIL
N
BY- Jack S. Raub COMPANY
DATED Jar, 5-49
F
PUBLIC WORKS
DEPT.
DATE
0
ESCROW
Transcribed
INSPECTION
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SIGNATURE
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SPECIAL CONDITIONS:
CITY OF NEWPORT BEACH, CALIF. WX FORM 68-1010
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BUILDING DEPARTMENT
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November 2, 2005
Port Calypso
2633 West Coast Highway., Suite E
Newport Beach, CA 92663
Attn: Jim Parker
Re: Emergency pile replacement, plan check #2071-2005
Dear Jim,
I just got off the phone with Chris Miller at Harbor Resources regarding this
project. As you are well aware due to the emergency nature of this project we
secured permission from Harbor Resources to go ahead and replace the broken
pile prior to the issuance of a building permit with the understanding that the
permit was forthcoming.
Prior to the final issuance of a permit the building department wants some kind of
ADA allowance to be incorporated into this project, as this is a commercial
marina. In September we gave you the plans along with a hardship application
and some ideas and you said you were going to follow up on it -
I just want to remind you that the plan check for his project will expire on
February 6, 2005. If the plan check expires you will then have to start all over
again, including paying the fees. This needs to be handled so that you can get
this project signed off. If you have any questions, please call.
Sincerely,
4--10-4�
Lisa E. Miller
President
cc: Chris Miller
Faisal Jurdi
2035F Piacentin Avo- c:os af` I -
54,.S --5359 F, --ix (S4S) 54S-5--13
GCnSr,D0 Oc�nsll-n'jct:on ar�� Dredging
T -d 139BG-CaL 13-�G ialliw ..Tzeld" *3 OzUaJO-1 eTJ:TJ So ao AOJ�
CITY OF NEWPORT BEACH
FINAL LETTER - COMPLETE
HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660
Tom Rossmiller - 949-644-3 041 Chris Miller - 949-644-3043
FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915
Nadine Morris - 949-644-3105
PORT CALYPSO
ATTN: JIM PARKER
2633 W. COAST HIGHWAY
NEWPORT BEACH, CA 92663
Dear Commercial Pier Permittee,
Permit number: HC2004-058
Location : 2633 W COAST HWY
Status: OPEN
10/25/2004
I Z��-Zb 13
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 - HARB OR PESO UR CES S UPER VISOR
NADINE MORRIS - FIRE DEPARTMENT INSPECTOR
Page I of 2
CITY OF NEWPORT BEACH
FINAL LETTER - COMPLETE
Frog"
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
PORT CALYPSO Permit number: HC2004-058
ATTN: JIM PARKER Location 2633 W COAST HWY
2633 W. COAST HIGHWAY Status OPEN
NEWPORT BEACH, CA 92663
10/25/2004
riON DATE COMMENTS
Berthing 04/20/2004 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 3 03 Chapter 5 Section 5. 1.1
09/17/2004 Action Plan has been approved. Implementation required by January 30, 2005.
CHRIS MILLER - HARBOR RESOURCES SUPER VISOR
NADINE MORRIS - FIRE DEPARTMENT 1NSPECTOR
Page 2 of2
July 27, 2004
Tom Rossmiller,
City of Newport
Harbor ResoW—c'�
829 Harbi6r Islay
, . .. .......
Re: Code.Enforcement and Vessel
Port,,Calypso Marina
3 � �4'
West Coast Hwy
Dear Mr. Rossmiller:
With reference to the "Inspection 4/20/2004, the following genepal'
deficiencies have been corrected as des
Fire Extinguishers - Extinguishers basis and service tags are being
dated and initialed.
va"
ON
FRi-re extingui' cabinet) was found to have a
defective seal. Subject extinguisher h sher.
Class 11 Standpipe Testing - S t semi-amually.
Dock Maintenance - Vessel obs een moved.
AD
GFC1 Usue- Non -marine grad -0 grade continuous twist lock
cords/plugs will be allowed at the in
h, 6�1�11111=1'11'
Conduit Referenced conduit materials.
�'A�AAAAAA W-3
Electrical
overed J -Box which was
J -Box I believ
noted during y erties). I cannot locate
any such J -B
2633 W. COAST HIGHWAY * SUITE E e NEWPORT BEACH, CA 92663 e (949) 645-6900 9 FAX (949) 722-8048
Damaged power pedestal - Subject pedestal has been replaced with a new unit.
Label breakers - Subject sub panel has been labeled.
Anti -siphon - The prescribed anti -siphon device has been installed.
Berthing - The slip tenant occupying the slip space in question has been notified4hat all berthed
vessels must conforin to NFPA 303, Chapter 5, Section 5. 1.1 -no later than January, 30, 2005.
Please call me at 949-645-6900 if you have any questions.
Sincerely,
J Parker
Port Calypso
I Z'9 - ZG's 5
September 16, 2004
Jim Parker
Port Calypso
2633 West Coast Hwy., Suite E
Newport Beach, CA 92663
Subject: 2633 W. Coast Hwy. - Multiple Berthing
FaUlt, NIUOeff Mi,994-9)0
Dear Mr. Parker:
I am in receipt of your letter dated August 27,2004, regarding the issue of
multiple berthing occurring at the above subject property.
Your correspondence states that multiple berthing will be discontinued.
We appreciate your concern for the safety of the harbor and the decision
to change your business practice to comply with the National Fire
Protection Association (NFPA 303).
The action plan submitted is approved and required to be implemented
by January 30, 2005. Please contact Nadine Morris at (949) 644-3105 if you
have any questions.
Thank you for your cooperation. We look forward to achieving a fire safe
harbor in Newport Beach.
Sincerely,
Timothy Riley
Fire Chief
August 27, 2004
Tim Riley, Fire (
City of Newport
Fire Department
3 3 0 0 N,, 'ort][3
N e w i) o' 01 i " iZ—,
F&Wefnent and Vessel
lyfg-cr'Marina
. est Coast Hwy
Dear Mr. Riley:
The following response to the "Insl
Harbor Resources Division on July 27,
send a copy to your office.
The general deficiencies noted on
Fire Extinguishers -
dated and initialed.
Extinguishers
Fire extingi.
defective seal. Subject extinguisher
Class H Standpipe Testing- Stai
Dock Maintenance - Vessel obsti
GFC1 ]Issue - Non -marine gn
lock cords/plugs will be allowed at 1
Conduit - Referenced conduit
arina (dated 412012004), was senfl-,
of my response, they asked me to
corrected as described.
basis and service tags are being
cabinet) was found to have a
semi-annually.
grade continuous twist
26133 W. COAST HIGH\kAY e SUITE E e NEWPORT BEACH, CA 92663 e (949) 645-6900 9 FAX (949) 722-8048
--- - -- ----
Electrical -
J -Box - I believe that this item is in reference to a partially uncovered J -Box which was
noted during your inspection of the adjacent marina (Marina Properties). I cannot locate
any such J -Box at Port Calypso.
Damaged power pedestal - Subject pedestal has been replaced with a new unit.
Label breakers- Subject sub panel has been labeled.
Anti -siphon - The prescribed anti -siphon device has been installed.
Berthing - The slip tenant occupying the slip space in question has been notified that all berthed
vessels must conform to NFPA 303, Chapter 5, Section 5. 1.1 no later than January 30, 2005.
Please call me at 949-645-6900 if you have any questions.
Sincerely
im Parker
Port Calypso
October 30,1997
Wes Armand
Marine Departir
City of Newport
3300 Ne '� A R
I RQ - I
The information that you requi
1) Port Calypso Marina
women's room located in the building
2) Mariner Marina has 5
of slip tenants. The restroom is locat,
3) Pelican Marina has
slip tenants. The restroom is locat
All restroom facilities are a
Please call me if you need
Sincerely, ----7
F. Parker
CALYPSO
26,33 W COAST HIGHWAY e SUITE E NEWPORT
served by a men's room a
a dedicated restroom for the use
urant building on the property.
dedicated restroom for the use of
..ant building on the property.
r basis.
CA 92663 o (714) 645-6900 o FAX (714) 722-8048
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PERMISSION IS HEREBY GRANTED TO CONSTRW AND
JIMAINTAIN THE FACILITY SHOWN ON THE REVERSE NEREDF.
AT THE SITE INDICATED, SUBJECT 70 TW PROVIMON8 OF
THE HARBOR PERMIT POLICIES OF NEWPORT SEMN AND
ANY SPECIAL CONDITIONS LISTED HEREON. IM PERW
�S NOT TRANSFERABLE WITHOUT THE WRITTEN CONSWOF
THE CITY HARBOR COORDINATOR OR CITY COUNM WE
RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISIM ONlY
AND THIS PERMIT MAYBE -REVOKED BY THIE CRY COUAM
�N ACCORDANCE W1TqAKt`ll'7,rOFT"e COOL
CITY,�OBCfll COORDINATOR
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February 6, 1991
Tony Mellum
Tidelands Administrator
Marine PepArtment-`."
City of New -port Beach'..,.,-,,,,,
P.O. -Box 1768-,
Newport Beach, -Ca. .92658-891
Dear Tony'-
rIv-d-eAclosed a copy of the lei
the Larson's Shipyard propert
correspondence referred to in'
As you can see, rather than
concerns and another separa
covered both of them in the
sort out any jurisdictional qi
Please call me at 645-7100
any other way in the rev:
:SincerelyX
;arker
PORT CALYPSO
to William Ward,"regarding
Copies of the pd4t_
Bill about my landsid6"�1'11
my bayside concerns, I've""-
leave it to you and him to
or if I can participate in
2727 W. COAST HIGHWAY o NEWPORT BEACH, CALIFORNIA 92663 e 714/645-7100
February 6, 1991
William Ward
Senior Planner
Planning Department
City of Newport Beach
P.O. Box 1768
Newport Beach, Ca. 92659-1768
Re: Review of Use Permit 1889; Larson's Shipyard property
Dear Mr. Ward:
I'm the long-term Lessor of the property -known as Port Calypso at 2633 West
Coast Highway. I'm writing to express my comments and concerns with regard to
those matters concerning Use Permit 1889 on the property adjacent to mine at
2703 West Coast Highway that are currently being reviewed by the Planning
Department and Planning Commission-.
Although my current concerns focus primarily on the impact that a high
customer volume, large commercial vessel charter operation operating next door
to my Port Calypso property has on my property, I have also experienced the
impact of such an operation as an office tenant at Larson's Shipyard. From
September of 1981 until September of 1990 a company that I own, Calypso Sailing
Association and Sailing Schools, leased office space at Larson's Shipyard.
However, primarily because of disruptive interference and damage to my normal
business operations as a result of Pacific Avalon's intensified customer use of
the property and, in my opinion, their disregard for the reasonable business
rights of others, we opted to relocate our offices.
Rather than rehash the problems that we had while 'a tenant at Larson's after
the arrival of the Pacific Avalon charter operation, I've enclosed copies of
certain past correspondence relating to those problems. I've highlighted the
sections that I think are most pertenient to the review at hand. As you can
see on page two of my July 14, 1989 letter, I raised the same questions
concerning conditions number 3 and 15 of Use Permit 1889 that are now being
reviewed at the direction of the City Council.
2727 kV. COASTHIGHNVAY * _�',EWPORT BEACH. CAl_W'0RN..1:\ 92065 e 714/645-710()
Returning to my perspective as the landlord at Port Calypso, the problems that
I have been plagued with during the two to three years that Pacific Avalon
(Avalon) has operated at Larson's are as follows:
1. Numerous and continued infringements on my Port Calypso parking lot by
employees, vendors and customers of Avalon. In this case the root of the
problem is the lack of sufficient on-site parking to accommodate the volume of
parking demand that is created within a very brief window of time. That is to
say that, unlike a fixed base restaurant operation where employees, vendors and
customers typically arrive over the entire period that the restaurant is open
for the conduct of business, a restaurant /party type of charter operation such
as this floods the associated property with all three categories of persons and
vehicles within a very short period of time (usually an hour or less) since, if
they don't arrive within the designated time, they literally miss the boat, the
meal and/or the party. These logistical problems are then compounded by
ingress/egress and traffic flow complications resulting from the proximity of
the parking lot in question to Coast Highway and the fact that its original
design did not contemplate this high volume and category of use.
If one pictures a random group of about 150 to 250 people in from 50 to 85
cars descending (in a 30 to 60 minute time frame) upon a 35 space parking lot
that may be 50% or more occupied (by customers and employees of tenants other
than the charter company they are patronizing) when they arrive. And, then
pictures the impact on nearby properties when this deluge of people in a big
hurry overflows the primary lot and goes into a panic parking mode because
they're not sure how to find the designated alternate parking, you'll have a
good picture of why I am opposed to any formal approval of any use on the
Larson's property that sanctions this type and intensity of use.
2. Over the past couple of years the small boat docks on my property that lie
along the easterly edge of Larson's water space have been repeatedly damaged by
the frequent pounding that they take when large and heavy vessels such as those
used for an Avalon type of commercial charter operation (80' - 100' vessels)
attempt to dock in the side tie on the easterly side of the Larson's Shipyard
property marina. In addition, two small vessels that at different times
occupied an exposed slip on the westerly side of my marina have been damaged by
subject large vessels trying to back into an area that simply is not designed
and was not originally intended for'use by 801 to 1001 vessels.
My concern is that if the proposed "large vessel" charter operation at
Larson's is officially approved and, as recently proposed, the owner of
Larson's is then required to modify his docks for heavy commercial use (i.e.
stronger pilings, wider dock fingers, etc.), my adjacent docks and boats would
still be unprotected and would continue to be subject to damage from large
vessels docking in the adjacent waterway.
I therefore request that, in the event that the Larson's use permit is modified
to allow the proposed commercial charter operation and if, as a by-product of
this approval, commercial grade docks are required at Larson's, that they also
either -
a. Be required to install their easterly dock finger along the property
line so as to buffer the docks and boats on my property.
b. Or, be required to install three to four commercial grade pilings along
the easterly line of their water space so as to shield my docks and boats from
direct contact by large commercial vessels operating in Larson's marina.
Thank you for this opportunity to correspondence with you on this matter.
Please call me at 645-7100 if you have any questions.
Sincerely,
Jim Parker
PORT CALYPSO
cc: Tony Melum, Tidelands Administrator
P()
CITY OF NEWPORT BEACH
P.O, BOX 17 68, NEWPORT BEACH, C14 92659-1768
May 1-8, 1990
AMC Management
1303 Avocado Ave., Suite 260
Newport Beach, Calif. 92660
Dear Sirs:
Section 17.300. of the City -of Newport Beach -Municipal
Code, require the installation of a vessel pumpout station if
there is a charter operation loading passengers at the site.
Mr. Chris Lipscomb, owner and skipper of the vessel
Maranatha, hasrequested permission to board passengers at
his current berth in front of the.Rusty Pelican Restaurant,—
He propose a to pump the contents of his holding'tank,�as tb6
need requires, via his vessel's on -board pump, into the sewer
line that is at the Rusty Pelican.
Jim P arke I r Own er,, of -Port Calypso has graAted him- the.
authority to proceed with the above mentioned -plan * This
department is forwarding a copy of the letter:of
authorization for your files. If you need to contact the
Marine Department in regard to this matter, please call Wes
Armand at 644-3044.
Sincerely,
7
ell,/Z"
Wes Armand
Herbor Inspector
letter attached
3.300 Newport Boulevard, Newport Beach
CUSTOMER COPY
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Aatanatfia
Ann Lipscomb
Charter Coordinator
P.O. BOX 4157, IRVINE, CA 92716 (714) 722-0501
I
9
Apr
1 1990
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
Jim Parker
Port Calypso
2727 West Coast Highway
Newport Beach, Ca. 92663
Dear Jim:
The Marine Department has received a complaint concerning
three tenants in your marina. Specifically, the complaint is
that the vessels are being used as liveaboard boats and that
the occupants have routinely emptied their holding tanks into
the bay.
The Harbor Permit Policies do not prohibit liveaboards in
commercial marinas but of course there are concerns that must
be considered. Primarily, the concern is that the occupants
empty the holding tank is an approved manner and use dockside
facilities as much as possible. The other concerns proper
disposal of all trash..
Please advise your tenants that a complaint was made with
this department and request their cooperation..
If there are subsequent complaints, the matter will be
referred to the Newport Beach Police Environmental Officer.
Sincerely., -
Wes Armand
Harbor Inspector
cc: Pacific Avalon
March 27, 1990
John Gueola
Pacific Avalon'� Marih1o',,,Inc-.,
2729 West �C6ast Highway
Beach, Ca. -92663 . .. ... ...
Newport
Dear Mr. Gueola:'
I have not formally met you so
Pacific Avalon scheme (and I do'
have taken it upon yourself to "i
pumpout facility, I'm going to a'�
and respond to your comments
For your information, the pump(
according to specific recommenid�
Department and the completed�lj
the Marine Department and the'."
beginning of the installation 'ci
copy of the contractors bid,wer
for their comments and sug"�f, i
The problem that we didn`
the pumpout facility is the
ship in a slip space desigr
Whatever your position, -
know little or nothing ab
Avalon. It seems to be :
Sincerely,
James F. Parker,
Port Calypso
us" tehdenc
where you fit into'the'whole
iings. However, since you
marks about our waste
some position "of''Authority
love to hate was installed
the New -port BeachMarine
�ted and approved by both
.ment. Also, prior to the
, specifications and a
Ted Robinson and Roy King
11 'VIP
- --gard to the design of
ild eventually dock a
dler vessels.
te about matters that you
. very well at Pacific
.e company.
Pacific Avalon Marine, Inc.
SPECIALIZED YACHT CHARTERS
Jim Parker
Port Colyso 11
2727 W. Coast Highway
Newport Beach, CA 92663
Dear Mr. Parker,
I would like to put you on notice. Neither Pacific Avalon
Marine nor B.P. John II cannot be held responsible for any.
damages done to the piping of your pumpout station. Mr.
Parker, your incorrect and. unsafe said piping along the in
side of our slip is a hazzard to the enviroment and to the
clean act of city of Newport Beach. Therefore, we are
notifing the Harbor department and Mr. Armand to assist you
the care of this dilemma.
Sin erely yours,,
Jo n Gut ola
Pacific Avalon Marine,Inc.
CC1.6 Ted Robinson
Wes Armand
27/29 WEST COAST HIGHWAY NEWPORT BEACH, CALIFOR-NTIA 92663
(714) 642-6S65 OR (711") 5."8-Q3S! FAX: (714)
Pacific Avalon Marmie, Inc.
SPECIALIZED VACHT CJEEARTERS
Jim Parker
Port Colyso 11
2727 W. Coast Highway
Newport Beach, CA 92663
Dear Mr. Parker,
I would like to put you on notice. Neither Pacific Avalon
Marine nor B.P. John II cannot be held responsible for any
damages done to the piping of your pumpout station. Mr.
Parker, your incorrect and unsafe said piping along the in
side of our slip is a hazzard t6 the enviroment and to the
clean act of city of Newport Beach. Therefore, we are
notifing the Harbor department and Mr. Armand to assist you
the care of this dilemma.
Sin erely yours,,
y
Jo n Gut ola
Pacific Avalon Marine,Inc.
cc: Ted Robinson
Wes Armand
'2729 WEST COAST HIGHWAY NE)XTORT BEACH, CALIFORNIA 92663
- - '
November 30, 1989
'
Chris Lipscomb
^ � P.O. Box 4157
Irvine, Ca~ 92716 �
���uzu��u'~�c"''`
Dear Mr. Li scomb:-
Thank you for all the ass,istance duringtheinspection of
ha s� day,
-~ Your. rxa� ^
This ^ not �h�s�a '- ine
~ ,
'^�� ` ,���` `- - ' it -^of 50 '^
sanitationsys� +or`a(~..~`zer�capac y�
' '.
people for a cruise not exceeding three hours.
A larger holding `ta ded ti of
arge ozng n� nee _ _� ^z �����~�'�^ ���_
longer duration rin- Newport'farbor"It is,`my+understanding -- '
that a larger tankis coming line soon.. please contact me _
-,` - when that isinstalled.=,_.,
^
Regarding boarding onWest-Coast Highway in the Pelican
Associates marina, a dembnstrationof the vessel's ability to
effectively use the Port Calypso pump will have to be
scheduled.
Again contact me when you are ready to conduct the
demonstration.
Sincerely,'
Wes Armand, Harbor In pector
cc: Glen Everroad
'
����
��=^^`ewpo^°=o==~=^,^.e~po^^=~a~^
P0 111
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CITY OFNEWPORT BEACH
RO. BOX 1768, -NEWPORT BEACH, CA 92659-1768
November 3, 1989
Monica Sloan
Robert Sloan and Co.
507 Orange Ave.
Newport Beach, CA 92663
Dear Ms. Sloan:
.City Ordinance 88-18 requires that all charter vessels board and
offload passengers at sites having a marine waste pump.
Jim Parker, representing Pelican Associates, met with Marine
Department staff on December 19, 1988, regarding the construction
of a pumpout facility. At that meeting he indicated that the
pumpout station located at the Calypso Sailing Club would be
available to your vessel, Spike Africa.
Is that arrangement still valid? If so, please ask Mr. Parker to
send a letter to the Marine Department to that effect.
Once that has been done, please -contact this office to schedule a
time that is convenient for you to demonstrate how your boat would
access and use the above mentioned pump.
Your boarding site at 2735 West Coast Highway, the slip that is
used to board and off load passengers,, would then be placed on the
City's list of approved boarding locations.
Please feel free to contact me if I can be of any assistance in
this matter.
sincerely,
Wes Armand
harbor Inspector
3300 Newport Boulevard, Newport Beach
CO Ry�'p" "N
September 5, 1989
Roy King
Pacific Avalon Marine,f Inc.,
2729 /,Wbst,, Coast Hi"'h ay .
I I g W
Newpoit Reach",
... ..... .. .
Dear., Roy,:,,-,-,-,
Unfortunately, or fortunately,
record'is not necessarily set
so. A fact of life, even if yc
Another fact is that your st,,,
facility are not consistent wi
pumpout facility was installe(
the Marine Department of Ne
Marine, Department and the I
In January of this year,
forwarded to you a copy
received. It was from Ac
the details of the propose
of a drawing from the Mai
recommended plan for insi
In each case the informa.
pumpout installation sucl
not to your liking. How
bids, obtain the approva
the fact that you were R
or one suggestion from
As pointed out to you
about the installation,,,,
nearly completed proji
bolts securing the wo4
rubber bumper be att
subsequently accompli
AA
e 'f,'j" 13
r - o une
X'� "F'6'
.!rom time -to -time be, the
r all simply by wishing it
ters.
r installation of the pumpout
I :!ts of the matter. The
,,with recommendations from
��,subject to approval from the
;tallation began, we
we considered the best one
closed) and clearly described
! time, we sent you a copy
)sed) that showed their
r described or pictured a
ve and that you now say is
it it took to obtain the
ion project, in spite of
Ls not one word of objection
�cific installation plan.
ir only input to me
we inspected the
sts. One was that the
� second one was that a
of these changes were
2727 W. COAST HIGHWAY NEWPORT BEACH, CALIFOPNIA 92663 0 714/64,5-7100
As for your allegation that I have, as you say, "tried repeatedly through the
City to have that spot designated as a loading dock", it demonstrates once
again your habit of making statements that have absolutely no basis in fact.
I'll confess to sometimes wishing that I had such influence with the City, but
I do not. Mr. Armand makes his own independent decisions in such matters.
Spike Africa, as my tenant, does have my permission, subject to the approval . of
the Marine Department, to use the pumpout facility. However, any such use is
to be on the basis of her being able to do so without entering upon the waters
of Larson's Marina. There is nothing in our agreement that precludes this.
Inasmuch as you elected to copy your 8125/89 letter to Mr. Armand, I'm doing
the same with this response. Also, so that he will not be unfairly forced to
enter this dispute midstream, I'm also sending him copies of our past
correspondence relating to the pumpout facility and related matters.
Sincerely,
Jim Parker, Owner
PORT CALYPSO
MECHANICAL
--ACADEMY INCORPORATED
7592 REYNOLDS CIRCLE a HUNTINGTON BEACH, CALIFORNIA 92647 0 714/841-6222 0 213/592-1956
sTATe LIC.*457040
January 13, 1989
Calypso Marine, Inc.
2727 W. Coast Hwy.
Newport Beach, CA 92663
Attention: Mr. Dan Stetson/General Manager
Project : Marine pump -out station & discharge line.
Subject : Lump sum quotation for plumbing portion of this project.
Gentlemen:
Pursuant to your inquiry, we are pleased to submit our lump sum
quotation in the amount of:
TWO THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($2,850.00)
to accomplish the above subject plumbing project.
This Proposal Includes:
1. Installation of Keco pump furnished by Calypso Marine, Inc.
2. 3 inch pump discharge line to run along dock and connect
to exist waste line approx. 130 feet.
3. Installation of 4 x 4 treated lumber along dock to protect
3 inch pump discharge line.
4. Installation -of dock bumper material furnished by Calypso
Marine, Inc.
5. City of Newport Beach permit.
This Proposal Excludes:
1.- Electrical wiring to pump.
2. Keco suction pump.
3. Dock bumper material.
We appreciate the opportunity to quote on your project and hope we may
be of service.
Very Truly Yours,
.Academy Mechanical, Inc.
/an e Whitney,
Vice -President
LW/dd
PLUMBING AND PIPING
INDUSTRIAL* COMMERCIAL e RESIDENTIAL
(D
Emm 111111
ng
�srl - t per City or Newport
P'
Beach Std=.
8
-
3-incb diameter fle)dble lygon inner -braided tublng.
Ryan-Herco # 0030-32!5. Uacron cord reinforced hose.
I III
0
I I 111M --Emma=
6 -inch x 6-trich.wye branch flttl
Vitrified Clay pipe of SDR -35 Wt
Dbl. diaphram pump w/ball valve ope
-ration.
Centr1fical Pump unit alternate requires pre-
approval by C.N.B.
Mpe sgport clamp for 3 -inch PVC. =-Crmnell
fig. # 2 dbl. hot -dip
6 -inch CMIL DIP class 52 FOP spindle.
Wrappedw/8 loose
120 volt power disconnect switch for air
galvanized after fabrication.
Heavy stainless
mil polyethylene.
6 -inch Vitrified
compressor.
steel aircraft cable hose support
Connect to float
G
clay pipe or SDR -35
PVC lateral.
"K'
ramp via stainless steel hardware.
sewer On-site pipe.
Type Copper or stainless sti. tube airline.
13
3 -Inch brwme ban valve. James Jones, Ford or equal.
M.I.P. Inlet
?:7;)
6 -inch VCP or PVC sewer clean-out
riser Cut to length.
Pneumatic air compressor. Ingersoll-Rand
;;xproved equal w/ 30 gal. receiver tank.
& outlet. Connect to hose w/ 2 clamps.
6 -inch ductile Iron blind flange tapt 3-1/2' wl F.I.P.
thread Install
pipe.
Mace clam ps 10 It. cc. see I tem # 11.
.ure & volume to match pumping unit.
. nylon insulatifi]g bushing 3-1/2' x X.
V-1
-inch diameter flanged PVC swing c
3 heck
valve. Asahl America or Ryan-Herco
Grout sew erpump-out connection piping tnt( Is'
concrete bulkhead panel w/high early stTmgl � e s
no'% n
I k
(B
Stainless steel or dbl. hot -dip
�alv.
lag bolt. Two each end of brac et.
brand .
3
.
cement grout compound. Burke Concrete Products or equal
Fwdsting dock float trim timber.
pressure treated 2* 8' larger.
-Inch diameter flanged PVC gate valve.
Asahl-America or Rya n-Herco brand.
Stainless steel accordlan type adjustable hose clamps. 2 ea-
x or
.
Reinforced fiberglass pump/comp.
I
3 -Inch diameter schedule 80 heavy -wall,
ultraviolet protected PVC solvent u
8 -inch diameter sewer clean -out assembly. Refer to C.N.B.
standard drawing STD -400-L
enclosure. western Power Products or
preapproved equivalent. Mt down to
ElPing & fittings. Provide PVC ANSI flahge
trings where appropriate.
6 -inch diameter 45* long radius sweep ell. Vitrified clay
of SDR PVC
existing wooden float deck w[heavy
dbL hot -dip galvanized lag bolts.
Bronze or stainleis steel quick -connect coupling.
pipe -35 with gasketed bell & spigot joints.
Connect to Bch 80 PVC via shp x M.I.P. adapter.
CITY OF NEWPORT BEACH
Marine Denartrnpnf
Marine Pump -out Station
Drawn: Staneart — date, D—rnher 5. 1988
APPROVED:
MARINE DLPAVI'MENr Dlju�Crop
APPROVED:
. PUBUC WOky-S 151W-,'CT0R r.c.e. no. 12806
DRAwING No. STU - 41U. L
PO
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
'j -
September 6, 1989
Jim Parker
Calypso Marine, Inc.
2727 W. Coast Highway
Newport Beach, CA 92663
Dear Mr.'Parker:
I am again contacting you regarding -the waste pumpout facility at
your site on West Pacific Coast Highway.
Before I left on vacation two weeks ago the, pump was broken and not
useable. An altercation existed between the parties responsible
for the maintenance of the pump and its condition. We cannot solve
the internal problems at 2727 and 2729 West Coast Highway.
However, the. pump must be operational.
The pump must be repaired and it should be checked daily and
repaired immediately if - problems exist. This letter serves as
notice that the pump must be operational by Saturday, September 9th
or a citation will be issued as a violation of Municipal Code
17.30.020 and"17.030.024 stating the requirements that the pump be
working.
Please call me at 673-1761 if I can provide more information.
Sincerely,
Wes Armand
Harbor Inspector
3 300 Newport Boulevard, -Newport Beach
Wes Armand
'City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Re: Pump Out Station
Dear Mr. Armand:
The following.,b,-oat.s..are moored at our docks and used for our
charters and will have use of the pump -out station.
B. P. John II
Valerie
Dulcinea
Pacific Adventurer
We have no transient slip available for other charter companies,
to use our docking facilities.
At no time was there any agreement regarding Spike Africa having
the use of our pump -out station.
We also use the following boats for charters at our docks and
will make one of our slips available for loading:
' A I '9�1 r (3 XJ
Marantha 1ji-1, A,
Seapeac
Ho Tei
Enclosed please find a drawing for the proposed docks.
If we can be of further assistance, please do not hesitate to
call.
Very truly yours,
PACIFIC AVALO
MARINE, INC.
Roy D. King,
i (i i_
President
RDK: j n
2729 WEST COAST HIGHWAY NEVAIORT BEACH, CALIFORINIA 92663
(714) 642-6865 OR (714) 548-9381 FAX: (714) 548-9382
r j0L B. PROJECT SITE
'WALKWAY
.SCALE- V-.:304-*' 0 LL
-j
APPLICANTS NAME-ROBIKJa
X DVELOPMENT T R, A C T BLOCK 919 LOT H
J 0 B A D D R E S S P-701 -?-703 W. CDAZT HWY. CONTRACTORBAY MARINE DATE2--7-8'3
of
NEWPORT
BEACH
r j0L B. PROJECT SITE
'WALKWAY
.SCALE- V-.:304-*' 0 LL
-j
APPLICANTS NAME-ROBIKJa
X DVELOPMENT T R, A C T BLOCK 919 LOT H
J 0 B A D D R E S S P-701 -?-703 W. CDAZT HWY. CONTRACTORBAY MARINE DATE2--7-8'3
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
August 9, 1989
Ted Robinson
Robinson Development Co.
363 San Miguel Dr., Ste E
Newport Beach, CA 92660
Dear Mr. Robinson:
The Newport Beach Marine Department issued a permit to
construct a marine sanitation pumpout station at your
location on'� West Pacific Coast Highway. This station
would serve as the pumpout location for several companies
engaged in charters, and for a sailing club.
The Marine Department was assured that the facility would
be accessible, as require by the City ordinance that
requires these stations.
In fact, this pumpout station has not been accessible for
use by vessels because of the mooring of a large boat, the
B.P. John II in the immediate vicinity.
This letter is to notify you that no further charter pemits
will be issued for vessels boarding at your location until
the above mentioned vessel is relocated. Please note that
there should not be a vessel mooring on that slip, since
that -hinders the use of the slip for the purpose of pumping
out vessel holding tanks.
Please call me if I can answer questions about this matter.
Sincerel
Wes Armand
harbor Inspector
cc: Avalon Pacific
3300 Newport Boulevard, Newport Beach
August�4, 1989
Jim Parker, President
Calypso Marine Inc.
2727 W. Coast Highway
Newport Beach, CA 92663
Re: Your letter of July
Dear Mr. Parker:
14, 1989 to Glen Everroad
I have had the opportunity to review the above referenced
correspondence. From the standpoint of the Marine Department, we
are mainly concerned with Condition 3 of Use Permit 1889, which
states that uthe proposed boat slips bayward of the upland
property shall be utilized for boat sales or the boat yard. No
commercial slips are to be permitted unless the required number of
offstreet parking spaces and restroom facilities* are provided".
As you are porbably aware, this condition was added to the Use
Permit because the property owner was unable to provide parking
for commercial boat slips at 3/4 of a space for each slip. It
does not, in my opinion, require a review by the Marine Department
if parking is approved. ...... that the slips be utilized other
than the use conditioned in the Use Permit.
It is my understanding that the Planning Department and the
Traffic Department have reviewed the parking plan for the property
based on the physical layout of the property and the lease
sections provided by Avalon Pacific. It suggests that at those
times designated by Avalon Pacific they have sufficient parking to
allow commercial uses of the slips bayward of the property and
would thereby negate the prohibition included in Section 3 of Use
Permit 1889. Therefor at this, the Marine Department does not
feel inclined to disallow commercial uses of those slips for lack
of parking.
The restroom facility question is basically related to
berthing of slips in the marina and is not related to
and unloading of charter passengers. I
If you have questions please call me at 644-3044.
Sincerely
Tony Melum
Tidelands Administrator
commercial
the loading
Tn
> CITY OF NEWPORT BEACH
r)
BUSINESS LICENSE DIVISION
Q P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
(714) 644-3141
July 19, 1989
Mr. Jim Parker
Calypso Marine Inc.
2727 Coast Highway West
Newport Beach, CA 92663
Dear Mr. Parker,
This letter is in response to your correspondence of July 14,
1989, regarding Avalon Pacific.
You address several issues relating to Use Permit No. 1889, and
for that reason I have forwarded your letter to Jim Sinasek,
Senior Code Enforcement Officer of the Planning Department. It is
the Planning Department that administers use permits, and Jim's
office is responsible for enforcement of violations of the use
permit.
I will obtain the Planning. Department's interpretation of Use
Permit No. 1889 with regards to parking, and a decision regarding
the amount of parking available for 'the chartering operations of
Avalon Pacific.
This office will continue to issue charter permits for boardings
from 2729 Coast Highway West when there is evidence of adequate
off-street parking for each charter.
Jim Sinasek's phone is 644-3215. Questions about, and enforcement
of violations of Use Permit 1889 should be directed to Jim.
Questions and problems relating to charter operations should
continue to come to me.
Very truly yours,
Gleli_ Everroad
License Supervisor
cc: Jim Sinasek, Code Enforcement
3300 Newport Boulevard, Newport Beach
EF
rk
AM; -
AL
Febri-iary 9, 1989
David Harshbarger
Marine Director
Marine Department
City of New -port Beach
3300 Newport Blvd.
Newport Beach, Ca. 92658
Dear Mr. Harshbarger:
L
��I I k-4 I I �, I IV I �-41
This is to request your approval of a waste pumpout facility pursuant to City
Ordinance No. 88-18 that will fully serve the purpose of the Ordinance but
would vary slightly from the letter of the Ordinance in that one facility would
serve two side-by-side commercial users.
The proposed pumpout station would be installed at a dock location that is
within the Port Calypso Marina facilities used by the charter sailboats
operated by Calypso Sailing Association and, at the same time, would be
immediately adjacent to the Larson's Shipyard Marina utilized by Avalon Pacific
Charter (see diagram enclosed). Inasmuch as the station would be serving a
combined total of only about 16 vessels, of which 85% are sailboats in the 30
foot range that are used only about 30% of the year, it appears that the
proposed facility would more than adequately satisfy the intent of the new
ordinance.
Given the fact that the proposed station is designed to serve a much higher
volume of users than would be the case here and that the alternative is two
such pumpout stations within twenty feet of each other, I hope that you will
view this request favorably.
This request has been submitted on behalf of Calypso Sailing Association,
Avalon Pacific Charters and the operators of their marina locations, Port
Cal . ypso and Larson's Shipyard Management, respectively.
Please call me at 645-7100 if you have any questions.
Sincerely,
Jim Parker, President
CALYPSO MARINE, INC.
2727WCoastHighway Newpoi�Becch, CA 92663 7141645-7100
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CITY OF NEWPORT BEACH
Marine Department
December 14, 1988
PUMPOUT STATIONS GUIDELINES
MARINE DEPARTMENT PACKAGE: �7
a) Building Department Handout /-Z-//
b) Pier Permit Drawing
417
c) Pier Permit Card
2. BUILDING DEPARTMENT:
a) Submit plans for approval
.b) When approved, return to Marine Department with verification
3. MARINE DEPARTMENT WILL ISSUE PERMIT TO DO WORK
4. CONSTRUCTION
5. BUILDING DEPARTMENT INSPECTION AT SITE. SIGNED OFF BY INSPECTOR
6. MARINE DEPARTMENT WILL KEEP EVERYTHING IN YOUR FILE
a) Retu-rn verification of approval by Building Department
Uj I
July 19, 1988
I look forward to your early resolve of this problem.
Sincerely,
Jim Parker, Owner
PORT CALYPSO -
cc: Ted Robinson, Larson's Shipyard Management
nna" has come.to�lmy attention
On Monday morning July 18th "b'one".". of .field staff found that a metal waterpipe
installed within the dock struct iur,6' that forms' . the walkway on the west side, of
Port Calypso Marina had split:apari, at ... a' we'ldod seam. Our inspection
subsequent to this report shows that the damage was the result of a boat
pushing against the back side.of an adjacent utility box (white fiberglass
water and power unit) which�,'then Caused. Ahe -pipe connected to the utility box
to pull against the main break the seam apart.
'Coin , cides with the time that "Dandenna"
Since the time when the damage. occurred
wpv T)rrt'hPrI in t'hp boy. T think that it's
I'd appreciate your immediate attention to his problem.
Sincerely,
Jim Parker, Owner
PORT CALYPSO
AVALON PACIFIC
THE CHART AVALON PACIFIC, INC.
July 29, 1988
Mr. Jim Parker HAND DELIVERED
Port Calypso
2633 West Coast Highway
Newport Beach, California 92663
Re: Dandeana Slip
Dear Jim:
In reference.to your letter dated July 19, 1988, if you will
recall before we ever brought a large vessel into our slip,
we made i't known to you that you had a sailboat in your
slip by the name of "Sanderling" that extends over into our
slip space approximately four feet. By actual measurement
the width of you slip is 9'7". The boat that is in the
slip is 13 ft. wide.
We have no problem with a boat occupying the slip space
as long -as it doesn't extend into Avalon Pacific lease
space. We�can keep from damaging any boat as long as it
doesnot extend into our slip space.
Jim, even before we agreed ' to move into this location and
utilAze the sli*p space everyone was made aware of a large
vessel the size of Dandeana being permanently berthed here.
Since you have been so adamant about not having a large
boat in the space, we have tried to work with you and
use the space sparingly. This has created a hardship and
a financi ' al drain on Avalon Pacific. By your refusing to
move the "Sanderling", we cannot use the space because we
cannot keep from damaging the boat.
At th.at time, we must insist that you put a narrow boat in
that s-lilp that fits.
We are trying to resolve this. problem and we are working as
fast as we can. As soon as we can come to terms on the
ShIpyard, I think that thi*s will be resolved to everyone's mutual
sattsfaction.
I would like at this time to notify you that we will be
usin I g our slip for "Dandeana" at 4:00 p.m. today and every
weekend for the next three months. We must insist that
2729 WEST COAST HIGHWAY NEWPORT BEACH, CALIFORNIA 92663
(714) 642-6865 OR (714) 548-9381 FAX: (714) 548-9382
Mr. Jim Parker
July 29, 1988
Page Two
we have access to our slip and not be blocked by a boat in your
slip.
We have no ' intention.of moving the "Sanderling" but we will
not be responsible if it is damaged because we cannot get
into our slip.
Thanking you in advance for your cooperation.
Very truly yours,
AVIA�N PACIF C, INC.
Roy Klig Z
cc: Mr. Ted Robinson
July 29, 1988
Simply put, "Dandena" doe
Larson's that you have ass
for damage of any kind to',
do damage to any vessel t!
suggest that you check '
yo,
yourself up Newport HarbQ:
Sincerely,
Jim *Parker, Owner
PORT CALYPSO
cc: Ted Robinson,
of the space at
fully responsible
LS for your threat to
.y, I'd strongly
�fore you find
!r of speaking.
2633 W. COASTHIGHWAY NEWPORT13>F-ACI 1. CAUFOPNIA 92667) e 714/(345-7100
otPacific Avalon Marine, Inc.
MC
SPECIALIZED YACHT CHARTERS r.
Port Calypso II
2727 West Coast Highway
Newport Beach, CA 92663
ATTN: Mr. Parker
June 2, 1989
Dear Mr. Parker:
This is to inform you that Pacific Avalon Marine, Inc. will be
bringing into the slip where the pumpout station is located a
103' ship. Pacific Avalon Marine, Inc. will not be responsible
for any damage that may occur to the piping running exposed on
side of the dock. I have brought this to your attention before,
and you said that you would have the pipe moved to the top of the
deck.
Sincerely,
Roy D. King
President
RDK: lg
cc: Ted Robinson
2729 WEST COAST HIGHWAY NEWPORT BEACH, CALIFORNIA 92663
(714) 642-6865 OR (714) 548-9381 FAX: (714) 548-9382
OR
June 13, 1989
Roy King
Pacific Avalon Marine Inc-
2729,We'st Coast Highway,,,".
Newport, Beach,,, "Ca. ".912-663
Dear Roy -,''-
With reference to your June ',
refer to was installed as part
station installation. The dete
available to you prior to the
objections to those plans.
Further, following the installat
installation with you at your r(
change. These were to counte
S" E
to insure that guard rail wa,0"",
the pump that was unprotected
projects have now been comp ...
strip has been affixed to
Your statement regarding
dock is absolutely false.
creative in your comment.,
event, not only have I n(
top of the dock, we have
In summary, subject pi -
with the full knowledge
that all parties concern
to any part of the inst,,
Avalon.
?out facility was installed
oncerned and it follows
amage that they might cause
Z'
.cludes both Calypso and
265:33 \V. COAST HIGHWAY e NE'XPOPT BEACH. CALIFORNIA 92GG3 e 714/G45-71 00
As for your plans to berth a 1031 ship in the Larson's Shipyard Marina
channel, my Position in this matter is already well known to you. However,
I'd suggest that this would be a good time for you to review my July 19, 1988
and July 29, 1988 letters to you which concerned your dangerous encroachment
and potentially damaging docking of a similar type of vessel.
Sincerely,
Jim Parker, Owner
PORT CALYPSO
cc: Ted Robinson
August 2, 1989
Roy King
Avalon Pacific Charter, Inc.
2729 West Coast Highway
Newport Beach, Ca. 92663
Dear Roy:
During the time since B.P. John II has occupied the slip adjacent to the Port
Calypso docks there have been two incidents of damage to the new pumpout
facility. The first damage involved an impact that broke the fiberglass pump
cover loose from its mounting bolts and, the second was an impact that broke the
PVC pipe at the base of the pump.
Inasmuch as B. P John II is the only boat regularly docking adjacent to the
pumpout facility, it's reasonable to suspect that she caused the damage.
However, I don't have a witness to the incidents so I must concede that,
although the chances seem somewhat remote, the damages may have been caused
some other vessel.
My purpose in writing to you about the damages is to ask if you or any of your
staff has any knowledge as to how they occurred. Also, since the pumpout
facility was originally intended to be a shared facility for permit purposes,
I'd like to know if you intend to finalize this joint arrangement by paying for
your share of the facility and, if so, I'd like to know if you agree that the
maintenance and repair costs I for the facility should, also be equally shared
(unless one or the other of, us is directly responsible for damage that must be
repaired).
I'd appreciate a response to my inquires as soon as possible.
Sincerely,
2727 W. COASTHIGHWAY o NEWPOPT 11)FACI-1, 71z1X)z15-7100
C07A
0 1)
August 23, 1989
Roy King
Avalon Pacific Charter, Inc.
2729 West Coast Highway
Newport Beach, Ca. 92663
Dear Roy:
I have not received a response from you to my August 2nd letter regarding
damage to the pumpout facility and now, as you are no doubt aware, the facility
suffered additional damage last weekend. The latest damage is substantial and
is clearly the result of impact by the "scupper" on the port side of B.P. John
Ii.
Inasmuch as the city requires that the pumpout facility be operational for
Avalon and Calypso to conduct charter operations, it's imperative that you
contact'me immediately regarding repair arrangements and payment of your share,
of the the pumpout facility.
If, on the other, it's your intention not to pay your share of the pumpout
facility cost and/or bear a fair responsibility for the facilities maintenance
and repair, it's my intention to notify the, Marine Department and the Business
License Division that your right to use the pumpout facility has been
terminated.
Sincerely,
Jim Parker, Owner
PORT CALYPSO
cc: Ted Robinson
2727 W. COAST I-11GI-IWAY NF%VPORTI�F 0-1, C/ 7
It - 71
A
— — ----------- - - - -
�!U-_� 2'� '09 1:EH'TUPI0H FINRICI��L SERVICES INC
pacific Avalon Mariine� Inc.
August 25, 1989
jim Parker, Owner
Port Calypso
2727 West CoaSt Highway
Newport Beach. California 92663
P. 21 1 2,
Dear Mr. Parker:
IGHT FOR ONCE AND ALL. You elected upon the OkaY from
LET'S SET THE RECORD STRA at your designated SDOt. You
the landlord to install the pumpout station I ous position knowing
proceeded to install the pump -out station in a precari
full well the pUMpout would be damaged 'by any vessel. This was brought to your
atten tion before completion of the hookup to the sewer line.
Pacific Avalon Marine has no problem With issuing and paying for our half of
the installation, but first I think you should install it properly- We are not
going to pay for any damages to the pumpout station.
'If you will refer back to correspondence we have written youl we brought this
'ble.
problem to your attention and said chat we would not be responsl
You have tried repeatedly through the City co have that spot designated as a
loading dock. Accordingly to Mr. Wes Armand, you have told him that Spike
Africa was to use that pumpout station. since Pacific Avalon Marine owns half,
I have no intention Of jetting any ocher company or PeTSODs use the PUMPOut-
That was in the Agreement you made ' with Ted and me. I will be back in California
next week. At that time if the problem Witt, the pumpOut is fixed, I will . issue
a check for bur half for the pumpout station -
I think, Mr. Parker, -you should stop - trying to create problemsand work with
those of us who are.your neighbors -
Very truly Yours,,
PACIFIC AVALON MARINE, INC.
ROY D . KING
PRESIDENT
Y,DK, JN
CC*. Mr. Wes Armand, City of Newport Beach
Mr. Ted Robinson .
2 729 Wes t Coas t Highway, Newport Reachs Ctdif 6,rttia 92 6 63
(714) 548.9381 Fax: (714) 548-9382
I
1). In zIddition to other remedies available in the Lease, Landlord shall have
the opCion to cancel this option to rent slip space portion of the Lease if slip
and/or office rental is more than thirty (30) days past due on any payment during
the term or extension of either office or slip space. '
E. Tenant shall abide by the License Agreement and the Rules and Regulations
of The Bertha -Robinson Marina, which documents are attached hereto as Exhibit "D11.
34. CHARTER OPERATIONS: Tenant agrees that members and/or guests of any boat
charter during normal week -day work hours shall not park in the Larson Shipyard
parking area. Normal work hours are to be 9:00 a.m. to 5:00 p.m. Monday through
Friday. Tenant to have control and access of all parking after 5:00 P.m. Monday
through Friday and 24 hours a day on Saturday and Sunday, except that other Larson
building tenants and their customers/clients shall be allowed free access at any
time. Further, Tenant understands' that Landlord is not familiar with the
requirements for a boat chartering operation; therefore.' it shall be Tenant's sole
responsibility to insure that such an operation will be permitted from these leased
premises, prior to Tenant's execution of this Lease.
LANDLORD:
THE BERTHA-ROBINSON PARTNERSHIP, a
Californi.a.General Part lf�ip
ward B. Robinson, eneral PartA te)
By:
?_ C,
Robert 0. Briggs,—Attorney-in-Fact -(Date)
for Albert Frederic Bertha & Brian Andrew
Bertha, General Partners, pursuant to
Power of Attorney dated 07-23-84
TENANT:
AVALON PACIFIC YACHT CHARTERS,
INC.,a California corporation
By.: 4—
jo, all n esident (Da t e)
W
,CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
November 3, 1981
TO: Robert L. Wynn, City Manager
FROM: James D. Hewicker, Planning Director
SUBJECT: R equest of Edward B. Robinson to eliminate
the public access requirement in conjunction
with Use Permit No. 1889. Property located
at 2701 and 2703 West Coast Highway in
Mariner's Mile (Larson's Ship Yard).
At its meeting of February 8, 1979, the Planning Commission approved
Use Permit No. 1889 so as to allow the construction of two two-
story office buildings which would include a mixture of retail,
office and light manufacturing uses on the Larson's Ship Yard
site. The Use Permit was approved with seven Findings and subject
to twenty-six Conditions of Approval. Condition No. 17 required
"That the owner shall grant public access rights to the
City and enter into an agreement with the City to keep
the proposed boardwalk free from obstructions and to
repair and keep the boardwalk in a good and safe condi-
tion at his sole cost and expense." (See copy of Plan-
ing Commission minutes of February 8, 1979 attached.)
Subsequently the Planning Commission action was called up for review
and wa.s.considered by the City Council on F.ebruary 26, -1979 � The
City Council took action on a 4/3 vote to sustain the decision of
the Planning Commission. An A.pproval in Concept permit was issued
on May 11, 1979 and a Coastal Commission permit was ultimately
obtained. Portions of existing structures on the site were "demo'd"
and a building permit was issued on June 26, 1980. The building
was finaled on July 10, 1981 and an occupancy permit was issued
on August 19th by the Building Official.
It is my understanding at this time that the building was illegally
occupied between the time it was finaled and the time that the
occupancy permit was ultimately iss,ued. As a result of the illegal
occupancy, theapplicant was required to forfeit a -cash deposit
which he had on file with the Building Department, Also during
this period of time the Planning Department was in the process of
reviewing the Conditions of Approval to assure that all conditions
of the City would be met prior to the time that the occupancy permit
was issued.
CITY OF NEWPORT BEACH I
MARINE DEPARTMENT
February 17, 1981
TO: CHRIS GUSTIN - ASSISTANT PLANNER
FROM: Marine Department
SUBJECT: HARBOR PERMIT 129-2634 BEACHCOMBER SHOPS
The Marine Department records regarding the above permit are very
sparse. It appears that it was constructed in its present configuration
in the 1960s. However, no other specifics exist and it appears that
no conditions were attached to the permit.
If the Marina, which now exists, were revised, it would require City
Council approval as required by the Harbor Permit Policies sections
5B,'5C (3), and 5C (7), which state:
I
"5B. Prior approval of the City Council will be required before
the Marine Department may issue any permit that does not conform
to the standard harbor drawings and the adopted Harbor Permit
Policies."
"5C. Prior a-pproval 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, and (7) when
more than one slip orJloat is requested bayward of a single
parcel".
At that time the Marine Department staff would request that the permit
be so conditioned that the permittee meet the following Harbor Permit
Policy's requirements: Parking, Sections 17 A and D; Safety,
Sections 18 A, B, C and D; Sanitary, Section 19 B.
There r-ould also be additional conditions recommended that would
depend on the applicant's design, but the ones mentioned above would
be basic.
Tony Melum
Tidelands Administrator
TM: db
0 t.
LAW OFFICES
JOHN W. POWELL
ORLEANS BUILDING
1212 NORTH BROADWAY, SUITE 140
SANTA ANA, CALI FORN IA 92701
(714) 972-0841
October 8, 1980
Mr. Tony Melum
City of Newport Beach
Marine Department
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Mr. Melum:
My letter to you of October 1, 1980 contains an
obvious typographical error. The name on the first line
of the body of the letter should be "Ian" rather than
"Sam".
Very truly your,5,
JOHN W. POWELL
JWP/pmb
cc: Michael E. Brown
4,7
LAW OFFICES
JOHN W. POWELL
ORLEANS BUILDING
1212 NORTH BROADWAY, SUITE 140
SANTA ANA, CALI FOR N IA 92701
(714) 972-0841
October 1, 1980
Mr. Tony Melum
City of Newport Beach
Marine Department
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Mr. Melum:
-�r. /7- 9; - Z,(. 3 5
I am writing in behalf of Michael Brown and Sam R.
MacMillan. This will confirm our telephone conversation of
September 30, 1980 in which you advised me that you had not
received a request to impound Mr. MacMillian's drydock at
2633 West Coast Highway, and that you would notify me before
impounding the drydock in the event you do receive such a
request, so that I might have time*to seek a court order
preventing the impoundment.
You explained to me that a permit may only be
issued to the property owner or long term lessee. In this
case the position of those parties is adverse to my clients'
and we cannot expect their cooperation. However, my clients
have claims to both the master lease, and specifically the
drydock area, which are now the subject of negotiation and,
if negotiations prove unfruitful, may become the subject of
litigation. Mr. MacMillan's entire investment would be
jeopardized if the drydock is impounded prior to a resolu-
tion of the issues raised by my clients' claim.
Thank you for your anticipated cooperation.
Very ruly yo
JOH W. POWELL
L
JWP/agh
El VL.. -
MARINE
oCr(-), 1980 fibs
NE1,Vp"I'?T
-7 6
ru any
9c I tF e rb
197g
-eti n,g
A gen d a 1,,t e m N o
IORT��'PEACII
r 1979, regarding reauest
COMMSS10n 11 taken:on,Fe ua y 8,
to permit.th,e construction of
2, two -story buildings
that may.,in cl ude a, mi x ture of
r e t a i 1 , office and li ght
7manufacturi,ng,.uses on a s ite
in the Recreation and
Marine Commercial,area of the
Mar iners' Mile Specific
,.,''Plan Area, and.the acceptance
of an Environmental
:;!Docume't.� A�modific tion from
n a
the required parking
is also reque sted,
since a portion of the
.,standards
req uired.,OffstreLt,parking spaces
are for compact aut.q,
mob i 1 es ..� 1 Existing usesialong
the West Coast Highway,:
of the property and
a porti,on of Larson's Sh, 1 p
v -A . f41i'tv Arp nrnnnpd,to.
rema i n', on the s i te i n
�7
USE PERMIT APPLICATION
CITY OF NEWPORT BEACH
Department of Community Development
Zoning and Ordinance Administration Division
3300 Newport Boulevard
Phone (714) 673-2110
Applicant (Print) Edward B. Robinson
No.
A p p 71 c �ti o n7�
Fee: S-2-60-100
1,4 527��
Phor),e 714-759-011.44
mailing Address 363 San Miquel Drive, Suite "E", Newport Beach, CA 92660
Property Owner El,mpr JQhn 1-argiOn And GwQndQlvn I. Phone 714-646-7833
Snyder -
Mailing Address Larson: 1000 ilampshire Lane, Newport Beach, CA 92660
Synder: 209 Emerald Avenue, Balboa Island, CA 92662
Address of Property Involved 2701-03 West Coast iiighway, Newport Beach, CA
Purpose of Application (describe fully) See attached Addendum
Zone S.P. 5 -Present Use Yacht re2air
Legal Description of Property Involved (if too long, attach separate sheet)
Southeasterly 100 feet of the Northwesterly 450 feet of Lot "H" of Tract
No. 919, in the City of Newport Beach, County of Oranqe, State ol California,
as shown on map recorded in book 29, pages 31 to 34 inclusive of Misceiianous
Maps, in the ottice of the County Recorder �f —said County.
OWNER'S AFFIDAVIT
74)" depose
ol ved i n
-o�f*the pro,� ij� I
an,� s Ay that am) :11641'''21,01E) 1!: 11:! 01'441el�" S , i n v
this application. (1) (We) further certify, under penalty of perjury, that
the foregoing statements and answers herein contained and the information
herewith submitted are in all respects true and correct to the best of (my)
(Hux) knowledge and belief.
Signature(s)
Edward B. obinson
*in escrow on
NOTE: An agent may sign for the owner if written authorization from the
record owner is filed with the application.
DO NOT COMPLETE APPLICATION BELOW THIS LINE
Date Filed__// -'1y_-' Fee Pd. —Receipt No.
2
Hearing Date Publication Date
Posting Date Mail Date -
7
P, C, Arfinn
------------ ---
Date A p p e a I
C. C. Hearing VI/ C. C. Action-- __4+
Date
TO: Planniny Commission �
f Community 'FROM: Departmentn" De"elvpment_
inued Public Hearing)
SUBJECT: Use Permit No. 1889 (COnt
`
Request to permit ~^ construction -2, two-story
office
buildings that may include a mixture of retail,
'
and light manufacturing uses on asiteMariners'
in the Recrea-
tion and Murine Commercial area ofe
' Mil= Specific Plan Area, and the acceptance of an `
Environmental Document. &mndificatiun from the
required parking standards '
d �s i� also requested, since
a
' portion of the required nffstreet parking `paces
are for c
p»rnmpuct automobiles. Existing uses along
the Vest »a� '.
� t Highway frontage of the property and
d pv,tion of Lar��n's Shipyard facilityiure p'«-
posed remain
' ed t ain o� the s�t� in conjunction v`th�»� `
`
proposed development.
. ' '
'
L8C' &Tl'On: /\' port ion of Lot H, Tract No. _9l9 located
at
2701-2703 Hest Coast Highway,nn zhe southerly
side of West Coast Highway, ,tv en'uj,erside
Avenue and Tustin Avenue on Mariners Mile. `
`
'
Area v� 5
Plan 4 w
Z0�[� Specific _
| ' B. D Robinson,Newport Beach
| '
APPLICANT: Edward . nsnn,
Newport neach�
OWNERS: Elmer John Larson,and Gwendolyn.
' l. Snyder, Balboa Island `
Application `
This application is a ~request to Permit the construction of 2`
two
story buildings that may include a mixture of retail, office, and
/`y»t w"""'"`~''^'~''. znaccordance with Section 20.02.0�(
of the Newport Beach Municipal Code, general retail and service
commercinl, professional and business
�offices, ond light man"vo o»`| Mo,|o- '
fo,Lu,�n8uo0o whoU m'
hv po/ �Ludx '/xn x"c"w^�/ '
'Commercial area of the MarinersMile 9pc,if*c Ploo krnu. suW°`�
tothe `securing of a me � permit evch'cos'. Use Permit pro-
cedures `areuMunicipal in Chapter 2O.�ur t,e un,cjp,/ ^ode. ` �
TO: Planning Commission 2
A modification from the required parking standards is also requested,
since a portion of the required offstreet parkinq spaces are for com-
pact automobiles., Modi fication p-rocedures are contained in Chapter
20.81 of the Municipal Code.
Environmental Significance
An Initial Study was prepared for the project to determine whether
a Negative Declaration or an Environmental Impact Report 'hould be
prepared. The Initial Study indicated that the project would re-
sult in one or more significant effects on the environment after
mitigation measures are added to the project. This information was
provided to the Planning Commission at the December 7, 1978 meeting.
Based on the public testimony at the December 7, 1978 Planning
Commission meeting and the December 21, 1978 Planning Commission
Study Session, the applicant revised his proposed project. The
City's Env i ronmenta I Affairs Committee has de term i ned that whi 1 e
the initial project could have had a significant effect on the
environment based on the Initial Study, the revised project, includ-
ing the mitigation measures that have been incorporated into the
project, will not have a significant effect on the environment.
Conformance with General Plan
The Land Use Element of the'General Plan designates the site for
"Recreational and Marine Comme,.�cial" uses. The project is con-
sistent with the General Plan and the Mariners' Mile Specific
Plan At -ea. Theproposed development will maintain a portion of
the existing Larson's Shipyard facility on the site. The Land
Use Element encourages the preservation of said uses adJacent to
Newport Bay.
��.�j.q�ctjjrop.�L�y and Surround i ng_,��nq. U�e
The Larson Shipyard and Yacht Sales complex, and marine -oriented
retail and light manufacturing uses are now located on the pro-
perty. The existing development will be removed from the site,
except for a, portion of the two story building on the Coast Hi gh-
way and a portion of the shipyard facilities which will be relo-
cated on the site to the north, across West Coast Highway, are
mixed commercial uses in the Mariners' Mile Square project; to
the east, is the Beachcomber Restaurant facility; to the South,
is Newport Bay; and to the west, is the Rusty Pelican Restaurant
comp I e,x .
Analysis
The, fol ]owing, outl ine reflects the major characteri s tics of the
proposed development:
7 _1� 77
To: Planning CO.mmiss,iOn
i x 240: +
24,000 sq. ft.
Lot s ze.
Propos�ed building adjacent to
Newport Bay
2,400 sq. ft. of floor area
-First floor.
for retail or marine sales
and restroOM f aci I i ti es
sq. ft. of floor area
Second..floor
for retail or marine sales,
office uses, and restroom
facilities; and open balcon
ies along Newport Bay -
Proposed building on south
easterly portion of the
property
portions of 16 offstreet parking
First floor
spaces and related aisle, covered
by second floor of proposed
structure
2,400 sq. ft. of floor area for
Second floor
retail or marine sales, office
uses, and restroom facilities
Total floor area Of proposed
7,380 sq. ft.
buildings (excluding par.k-
ing spaces and open,walk-I
I ways and_stairways)
26 feet (measured from grade to
Proposed.building,,heights
the top of flat portions of
roofs)
Height Limitation Zone
26/35
Proposed setbacks
Front (West Coast High-
112 feet +
way side)
Northwesterly side yard
22 feet + (first floor of build -
ing adjacent to Newport Bay)-,
16 feet + (second floor of sub-
ject buiTding)
Southeastenly side yard
10 feet 6 inches + (both PrO-
posed structures)
10 feet froin,,,bulkhead line, ex
Newport Bay side
cept that open balconies on
socno LI floor or 010 PVM-
posed structure encroaches to
bulkhead line
within 5', of said
TO:, PI an nj n g` CoIMmIi.sSj on 4
Existing bu,i 1 d 1 n (to remai n
on t
First and second floors
1 600 Sc, - f t + o f floor area
for retail or marine sales
and restroom facili ti es
sq. ft. 0 f ma nu f a c tu r -
First floor
ing floor area and restroom
facilities for existjng Lar
son's Shipyard use
,Existing building setbacks
(to remain on the Pro-
,
perty)
Front (West coast High-
0 feet
way side)
Northwesterly side yard
63 feet +
'Scutheasterly s i d . e yard
0. feet 6 feet
Newport Bay.side
189 feet +
'Required setbacks
Coast Mgh-
10 feet (i.e. 50 percent of the
Front (,West
lot frontage); 5 feet (i.e. the
way side)
. . C 0 ercent of said
remainin� D p
frontage
no setbacks, except as may be re -
Si d e yards
qu ired by the Planning Commis-
Sion in.granting a use permi t
New port Bay side
no setback from the bulkhead
ine, except a s may be required
by the Planning CommissiO n in
Total fl.00r area for retail.
8,980 sq. ft.
or marine sales, or
office uses,
ki
Required par ing
sales,
35.921 or 36 spaces (8,980
Retail or marine
sq. ft. -- 250 = 36 spaces)
or,offic,e uses
Manufacturing use
one parking space and one
loading spice (t,11c Code re-
quires one space for each
2,000 sq. ft.. of gross floor
area and one loading space for
a ich 10,000 s(I ft, of' gros%
floor.arva)
TO: PI anni ng Commission,
Boa t sl ips baywa,rd o f. the
see requirements below
site
Tota 1 1 p I a rking requiremen ts, ex
38 spaces, includinq one loa.d-
c 1 u d i n g, s o a c e s for, boat
ing space
s 1 i p s
Propo� ed p a,r ki ng spaces
35 parking spaces, including
I
10 compact spaces
Vehicular ?. c c e,s,s
one 25 foot wide driveway for
to West
ingress and egre-;
Coast Highway
Buildable area
23,250 sq. f t
Allowable buildable area
0.5 x the buildable area of
the site, or 11,625 sq. ft.�
+ of floor area
proposed buildable area
10,388 sq- ft. +, or 0.45 x
the buildable area of the pro-
perty
Proposed landscaping
landscape planter areas through
out the proposed common park
ing lot (23 percent + of the
parking area), incluUing 10
foot - 20 foot wide landscape
planters along the West Coast
Highway frontage of the site
(50 percent of the required set-
back from West Coast Highway);
a 16 foot + view corridor along
the northwesterly side property
line to Newport Bay; and a 10
foot wide public walkway along
the Newport Bay frontage of,the
s i te
Required landscaping
a minimum of 101, of the paved
parking area; and a minimum
of 50%. of the area of the
required setback from W
Coast Highway
Proposed signs
one 8 foot high, double-faced
face)
(i.e. 48 sq. ft. per
ground sign along the 1-1. Coast
Highway frontage of the pro-
perty; 35 sq. ft. + multi -
tenant wall signs on the build -
i n g s , Said signs moot tho prn-
visions of the City's Sign Code.
the'I andscaping� has been, InsIta i i ea in accoroan,.:e W I Ll� 111�
''Ore'pared p.l an.'
2 1:�
T. h b onstructed as required by
a t a 1" 1 ovements- el c
0 I.A h e- P u b 1 i c Works Department. -
r inance an.(
d'
�..,��,:Jhat�,�Ahe'
pro'po�sed d r veway,lapproa ch on We.s,t Coast High-
"' ' w h wi dth- 'of ,30 feet,.,,.
ay,, a v e -
'.-'.,-.2,I.';-/:Tha`t.
the'. existing ,u.nused driveway. approaches. b e c 10 s e d
u p c u.r e r, a n d:: sidewal k..
2 4e'
Tha k st Highway be done under an
t a I I - wo r in West C.oa
t ed, by,the California.Department
encroachment. permi i s sp
r a n s p, o r t a t i o n..
25..
Th.a t 'a co n d i t i o n survey o f the existing bulkhead along.
bay side,6f th.e.proper,ty be made by a c i v i I o r
-the
:,structural engineer and that the bulkhead be repai red
i n c,onf ormance.�.-wi th,'Ahe recommendations o f the condi ti on
p6riment. OF,,,40MMU�i-
u ary '31',
nni ri g_Commi, S,S i
al -Cosstal,�, IPT a�,n n in g, A_ �v. i s 6 ry C,Omm,I
:V270I West, �,Coast �Hi ghway
-S
i"Plapning Advisory Committee does not have the authority to
:i,ndividual.proposals which may be brought before the Planning
2ver, in, general,, the committee feels that boat yards are wore
ant than office buildings, and for this reason would discourage
edge the joint building and boat yard use of the revised Larson
conce I rned about -its setting a precedent which would result in
d:boat services in a harbor with approximately 10,000 boats.
iportant to assess the demand for facilities such as boat yards
!termine�the'�revenue they generate so as to ascertainwhether
bout boat yard conversions.
needs to adopt new poliCY a
lecision,on this and future, projects
11,ssi on,, when, It mak.es its
)I I lowing, sect,i�onsi�bf,-the.-Coastal Act.-,.
i , pe nde I nt� de I velo pment shaIV have priority over -other..,.
e-1 i ne
ts,on or'' ne I ar�,-thia. or,
serving rciAl fishing and rpereational boating
the "Comm �txisti . ng
rotfacte ..and, whIere feasible, upgraded. I
hall not be
a nd recreatidnal boaLing, harbor space s
demand for�,those facilities no longer exists or
ubstifute" , spaqe�has been"provided. Proposed recreational
cilities shall -where Jeasible$. be designed and. located it,
hion as'no I t to interfere with the needs of the coninerc � a
dustry. (3-234)
I : recreationa 1 boating use of coastal waL(.�I-S shall be
I in accordance with.this division, by developing dry stoi,Nle
:�, easing public launching facilities,, providing additional
0 1 'ace in existing harbors, limitinq non-witer-dependent IITId
congest access corridors and preciude boating supPol,
;, providing harbors of refugev and by providing for new
Mil i ties. in natural�harbors, new protected water areas, and
f rom dry land..' (30224)",
N?
0-
MARINE SURVEYORS
911 WESTERN AVE., SUITE 309, SEATTLE, WA 98104
206/622-0312
2333 EAST COAST HWY., CORONA DEL MAR, CA 92625
717�/- 6 7 5 --8 8 8 4
OFFER TO PURCHASE & SALES AGREEMENT
RE: TWO FLOATING DRYDOCKS LOCATED AT 2633 WEST COAST HWY., NEWPORT BEACH CALIF.
Marshall D. Hofflund, DBA M.D. Hofflund & Co.,.Marine Surveyors, hereafter.
referred to as purchaser and Beachcomber, Inc., hereafter referred to as
seller do hereby enter into the sale of two (2) floating drydocks located
at 2633 West Coast Highway, Newport Beach, California,
An offer of � 1.00 ( One Dollar ) plus considerations is made by purchaser
to seller for ownership of the captioned property with the following stipulations
representing said considerations:
1. Purchaser agrees to raise and salvage one of the two captioned
I-
drydocks which is presently sunken in Newport Harbor. 7;2
2. Purchaser further agrees to remove both drydocks within thirty
days of the receipt of seller's acceptance of this offer to
purchase and sales agreement.
3. All costs are to be paid by purchaser to parties to said salvage
and removal with no costs or fees to be assumed or paid by seller.
4. Purchaser promises and agrees to perform all activities relevant
to the salvage and removal of the captioned property in a manner
which meets or exceeds marine standards. Purchaser further agrees.
to assume full liability for any and all matters pertaining to
said salvage and removal of the drydocks, and hereby agrees to
hold Beachcomber, Inc. harmless from any action which may arise
as a result of said salvage and removal operations undertaken by
purchaser.
The seller shall provide clear title to the captioned property in compliance
with California law. The captioned property is sold as is where is. No verbal
or written warranty is either expressed or implied, or representations other
than those set forth in this agreement have been made. Purchaser agrees herewith...
to accept a U.C.C. filing made byprocker National Bank on 21 March 1979 which
releases Crocker Nationalls7 interest in the captioned property. Seller agrees
to provide proof of release of interest in the captioned property by Mr. Joe-
sunK.
As the Harbor Permittee for the facilities at this location, the
responsibility for the maintenance and repair of the facilities
becomes your responsibility.
The Municipal Code of the City of Newport Beach addresses this
situation as follows:
17.40.160 PIER. The term "Pier" shall. mean any fixed or
floating structure for securing vessels, loading or unloading
persons or property, or providing access to the water, and
includes wharf, dock, float, any other landing facility, and
floating dry docks.
17.28.020 DEFECTIVE PIERS. Upon learning that any pier is in
a defective or dangerous condition, the City Manager shall
immediately so notify the owner or other person having charge
of the same in writing, requiring such person or persons to
immediately repair it or to put up barriers to prevent persons
from going upon it. If such person shall fail or neglect to
do so, the City Manager may place barriers as necessary for the
protection of the public and charge the cost thereof to such
person, and it shall be a violation of thistitle for any person
to interfere with any such barrier.
If any pier, or any portion thereof, or any material on such
pier shall fall into the waters of Newport Harbor, it shall
be the duty of the owner, agent or lessee of s�uch pier to
forthwith remove the same from the waters of the Harbor, and
if they shall fail. todb..so, the City Manager may do,so and
City Hall 3300 Newport Bouleva rd, Newport Beach, California 92663
LJ
/ "'? "�F — -? 6 33
CITY OF NEWPORT BEACH
December 28, 1977
Beachcomber Shops, Inc.
2633 West Coast Highway
Newport Beach, CA 92660
Attn: Sam Graves
Dear t4r. Graves:
On December 27, 1977, the Marine Department was notified by the
Orange County Harbor Patrol that a "floating dry dock" moored
bayward of the Beachcornber Shops had sunk.
As the Harbor Permittee for the facilities at this location, the
responsibility for the maintenance and repair of the facilities
becomes your responsibility.
The Municipal Code of the City of Newport Beach addresses this
situation as follows:
17.04.160 PIE'R. The term "Pier" shall mean any.fixed or
floating structure for securing vessels, loading or unloading
persons or property, or providing access to the water, and
includes wharf, dock, float, any other landing facility, and
floating dry docks.
17.28.020 DEFECTIVE PIERS. Upon learning that any pier is in
a defective or dangerous condition, the City Manager shall
immediately so notify the owner or other person having charge
of the same in writing, requiring such person or persons to
immediately repair it or to put up barriers to prevent
persons from going upon it. If such person shall fail or neglect
to do so, the City Manager may place barriers as necessary for
the protection of the public and charge the cost thereof to such
person, and it shall be a violation of this title for any person
to interfere with any such barrier.
If any pier, or any portion thereof, or any material on such
pier, shall fall into the waters of Newport Harbor, it shall
be the duty of the owner, agent or lessee of such pier to
Hall o 3300 Newport Boialevard, Newport Beach, California CQ26�62
Page Two
Beachcomber Shops, Inc.
December 28, 1977
f the Harbor and, if
forthwith remove the same from the waters ol
they shall fail to do so, the City Manager may do so and the
cost thereof may be recovered from the owner, agent, or lessee
of such pier in a civil action.
In as much as the "floating dry docks" moored at your facility
appear to be in a state of disrepair and could again create a
hazardous situation, you are hereby notified to raise the sunken
floating dry dock and remove both floating dry docks to a location
that will preclude them from creating a hazardous situation.
Should you have any questions, please contact me at 640-2156.
;Si,.,ncerel/,y,
�Ien E. kelden
Tidelands Administrator
Marine Department
GE :,W: 11
;2,
STATE OF CA'LIFOkNIA—RESOURCES AGENCY
EDMUND G. BROWN JR., Governor
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD -
SANTA ANA REGION
P- 0�
6833 INDIANA AVENUE, SUITE I
RIVERSIDE, CALIFORNIA 92506
PHONE. M,4) 684-9330
January 4, 1977
Environmental Protection Agency Permits Branch
U.S. Army Corps of Engineers - Los Angeles
State Water Resources Control Board Legal Division
State Department of Water Resources
State Department of Fish and Game
of Heal'h - Los Angeles
State Department L
Orange County Health Department
Orange County Harbors, Beaches, and Parks
County of Orange Environmental Management Agency
44ty of Newport Beach
Friends of Newport Bay
Gentlemen:
Enclosed is tentative Order No. 77-43, NPDES No. CA 0105651,
which
contains requirements for discharge of wastes by Allan.Sheridan
dba
Mariner's Drydocks.
These requirements are scheduled for consideration at
the Board's
March 11, 1977, meeting. Your comments are requested
to be available
prior,to February 7, 1977.
If there are any questions regarding these proposed requirements,
please contact Kenneth Olson of this office.
Sincerely,
Origin ' al Signed by:
Darrell J, Smith
JAMES W. ANDERSON
Executive Officer
Enclosure: Tentative Order No. 77-43
cc: Vice Chairman Dr. Willis
KEO/ps
�-Tv�t!!r� Al p
I I
Ve
if it were discharging such pollutants to the waters of the United
States; (c) a substantial change in the volume or character of
pollutants being introduced into such works by a source introducing
pollutants into such works at the time the waste discharge require-
ments were adopted. Notice shall include a description of the
.quantity and quality of pollutants and the impact of such change.on
the quantity and quality of effluent from such publicly owned
treatment works. A substantial chano-e in volume is considered an
increase of 10 percent in the mean dky--jeather flow rate. The
discharo,er shall forward a copy of such notice directly to the
Regional Administrator.
5. The discharger shall file with the,Board a report of waste discharge
at least 180 days before making any material change or proposed
change in the character, location, or volume of the discharge.
6. This Board requires the discharger to file with the Board, within 90
days after the effective date of this order, a technical report of
his preventive (fail-safe) and contingency (cleanup) plans for
controllingaccidental discharges, and for minimizing the effect of
.such events. The technical report should:
Identify the possible sources of accidental loss, untreated
waste bypass, and contaminated drainage. Loading and storage
areas, power outage, waste treatment unit outage, and failure
of -process equipment, tanks, and pipes should be considered.
Evaluate the effectiveness of present facilities and
procedures and state when they became operational.
..Describe facilities and procedures needed for effective
preventive and contingency plans.
Predict the effectiveness of the proposed facilities and
procedures and provide an implementation schedule containing
interim and final dates when they will be constructed,
implemented, or operational. (Reference: Sections 13267(b)
and 13268, California Water Code)
This Board, after review of the technical report, mayestablish
conditions which it deems necessary to control accidental discharges
and 'to minimize the effects of such events. Such conditions may be
incorporated as part of this order, upon notice to the discharger.
7. The discharger shall submit to the Boarld, by January 30 of each year,
an annual summary of the quantities of all chemicals listed by both
trade and chemical names, which are used for cooling and/or boiling
water treatment and which are discharged.
-5-
ac cordance with the provisions of Division,7.5 of the California Water
Code. For the purpose of this requirement, a legal point of disposal
is defined as one for which waste discharge requirements have been
prescribed by a regional water quality control board.and which is in
full compliance therewith.
8. After notice and opportunity for a hearing, this order may be termi-
nated or modified for cause, including, but not limited to:
(a) Violation ofany ter -in or condition, contained in this order;
(b) Obtaining this order by misrepresentation, or failure to
disclose fully all relevant facts;
(c) A change in any condition that requires either a temporary or
permanent reduction or elimination of the authorized discharge.
9. If a toxic effluent standard or prohibiton (including any schedule of
compliance specified in such effluent standard or prohibiton) is
established under Section 307(a) of the Federal Water Pollution
Control Act, or amendments thereto, for a toxic poll utant which is
present in the discharge authorized herein and such standard or
prohibition.is more stringent than any limitation upon such pollutant
in this order, the Board will revise or modify this order in
accordance with such toxic effluent standard or prohibition and so
notify the discharger.
10. In the event the discharger is unable to comply with any of the
conditions of this order due.to:
.(a) breakdown of waste treatment equipz:ent;
(b) accidents caused by human error or negligence; or
(c) other causes such as acts of nature.
The discharger shall notify the Executive Officer by telephone as soon
as he or his agents have knowledge of the incident and confirm this
notification in writing within two weeks of the telephone notification.
The written notification shall include pertinent information.explaining
C.
reasons for the non-compliance and shall indicate what steps were taken
to correct the problem and the dates thereof,, and what steps are being
taken to prevent the problem from recurring.
-7-
corrective actions taken or planned which may be needed to bring the
discharge into full compliance with the waste discharge requirements. The
discharger shall maintain all sampling and analytical results, including
strip charts; date, exact place, and time of sampling, date analyses were
performed; analyst',s name; analytical techniques used; and results of all
analyses. Such records shall be retained for a minimum of three years.
This period of retention shall be extended durin- the course of any
unresolved litigation requested by the Board. Monitoring results shall be
submitted on forms provided by the Board.
Monitoring reports shall be signed by. -
(a) In the case of corporation, by a principal executive officer at least
of the level of vice president or his duly authorized representative,
if such representative is.responsible for the overall operation of
the facility.from which the discharge originates;
(b) In the case of a partnership, by a general partner;
.(c) In the case of a sole proprietorship, by the proprietor;
(d) In the case of a municipal, state, or other public facility, by
either a principal executive officer, ranking elected official, or
other duly authorized employee.
-9-
TO
0`41ifornia Re-rional Water Quality Control Board
Santa Ana Region
SUBJECT
Water Polution Control Plan Der Order 05-127
From: Mariners Dry Docks Mail Address: 1301 E. Lincoln Ave.
2633 W. Coast Hwy. Suite B
Newport Beach, CA Orange, CA 92665
Description of FacilitiOs
consists of tv70- 20' vyide by
40' long floating platformo ulth 7' high-oide walls and
.,open ends. The -entire (one dock) unit is flooded to the
desired depth, the boat support blocking, if required, is
then positioned, a gasoline ' driven pump, with valved pickup
each �of the four separate quadrants is activated
piping to
d water is solectively removed from each of the hollow
shaped quadranto until. the dock of the. dock floats
-clear of the water, supporting the boat above It. During
this phase bay water is merely tranefered by gravity or
pump from one point to another vithout changing its content
or composition.
The two docks are moored side by side with.walking access
by a dock across:the open choreward end of the docks. This
dock also serves as a storage and working area.
eacri tion of boat pervict_Ueration
After a boat and dock platfOrm are clear of the -eater the
following steps will take place underlthe neu procedure�
1. Draining
Bay water retained on.the dock will be removed prior to
commencing uork.
Preparation
take place,
one or all of the following may
A. The boat bottom is scraped, scrubbed, and rinsed
-er,; the debris and wash uater falls
wi,�h fresh 11a,'(1
to the deck of the clock and io contained there.�
The bottom wet sande
i a d and�, rineed with fresh
B.
water.
C. The hull sides are dry canded and glazed in
preparation,for netr paint. To avold blowing dust,
tarpaulines aro hUng aCrOss the opeq -ends of the
dock durinL, windy oonditIons.
Scale, kust, Old paint, marine drowth�
These types of debris from boat cleaning will be either
scooped up dry or picked up by vacu Y m and dispobed o -,A-'-'
by commercial trao-h picktuo service.
Sandblast abrasives
Sandblasting io not performed in this yard.
Oilfe�nd Grease— Collected and dumped in. -Oil containers and
hailed by private service.
New paint
Any spillage is wiped up with towels and disposed of by
the trash pickup service. Minor drippings dry on the.
deck of the dock before submersion,
Brush and equipment wash solvent
i�ll solvents are collected for periodic pickup
by a waste oil and solvent,reclamation service.z
Wash water
All wash water will be contained on the dock surface
during cleaning of the boat. It will then be picked up
by a wet picku - P vacLium cleaner and transfered to shoreside
setteling containers. Afto:-:' all visible suspended
mater has setteled, the visually clear water wil be
returned to the bay. The accumulated residue wil be
disposed of,by a commorcialtrash pickup service.
Influx of rain water
If any scrub water or scrapings are deposited on the
dock during rain.,, periodic vacuuming, will take lace
if necessary to prevent overflow into.the bay.
Notes;
.16 Dewey Rubbish service
2113 Canyon Dr,,, Costa Mesa, Calif* -
26 Dykes Waste Oil Service
2. 0. Box 4512 , Long Beach, Calif..
Allan Sheridan
Marinerts Drydocks
-13-
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