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TRANSFER APPLICATION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3044
**Date of Applicaton: Permit Number:
"Property Address:
**Buyer's Names:
12-9 - 2-7-9 '� 10q- 2- ��O I
Billing Address: - 2---�-S 1 '\j\J - C-0 A cYt Q W,-4 - , -IA-- 2� 10
Telephone No.:
Buyer's Signatures:
"Seller's Names:
Seller's Signatures:
Joint Owner Signature:
L�C,
"Escrow Company: Ct� I CA QD 'I iTLC Co Phone# q Ll Z,6 3 - CA D L C
"Address I f. 9 \1 C-) --A le-4vpl A N I I R, \j ( N E') C,4
"Escrow, Number:.0 0-5 SZ33 �3 - M jq-m j q **Fax#:
Closing Date (Estimate):
*STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
— — — — — — - — — — —
Inspection Dal
Fee Pa
Application Complete:
Reinspection Date:
" '-"Check No: I ) qc-a
— Harbor Resources SignaturelDate
Special Conditions: This permit is revocable by the City Council
in accordance with Title 17 of the Newport Beach Municipal Code.
October 2, 2007
Chicago Title Co.
Fax: 949.263.0536
r'.1 M7 ED
10 01�
CITY OF NEWPORT BEACH
829 Harbor Island Drive, Newport Beach, CA 92659
949-644-3044/Fax 949-723-0589
Re: HARBOR PERMIT TRANSFER
Pier Permit # 129-2751 & 129-2801
Escrow# 603823363-IVI19-IVI19
2751 & 2801 W. Coast Hwy.
The Harbor Resources division has received the completed & signed application
and fee for the pier permit transfer. The pier inspection performed by our office
has determined that it meets City standards. The permit will be transferred into
the buyer's name. Thank you for your help.
For further assistance in this matter, please contact me at 949.644.3044.
Sincerely,
Cusp WaLters
Harbor Resources Division
Facsimile Transmittal
Harbor Resources Division
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3044
Fax (949) 723-0589
Date: 10131orl
To: (q1t6 6t&hMA. CAr<
From: I.Abzu LA'—)
Fax No: (oqI4 - Wr73
No. of Pages: 2 (Including cover sheet)
M
Pier Transfer
Attached is the information that you requested.
Thanks!
Lisa
INSPECTION FORM
Harbor Resources Department
Date: C�112_)07
Inspection Requested By: Zica-
Inspector: Don Duffy
Pier Address: 2-1 ei 4,; 2-(6o i cA--) oocts4 4u,
Pier Transfer
(:j;;;L
GFI Present
Anti -Siphon / Backflow Present
Other Comments
Eelgrass
Reinspection
Yes -,,.-Need None Needed Yes Need
Date Time F] Eelgrass Within 15'of Project
n Eelgrass Within 15'- 30'of Project
F] No Eeigrass in Project Area
Pump Out
Pier Location
Yes No
Operational I I
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CIF Number
Location on Dock
Other Request
Map Output Page I of I
http://www6.city.newport-beach.ca.uslservleticom.esri.esrimap.Esrimap?ServiceNaine=n... 09/13/2007
CITY OF NEWPORT BEACH 12/21/2004
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
THE CROW'S NEST
GORDON BARlENBROCK
2801 W COAST HWY #260
NEWPORT BEACH, CA 92663
Dear Commercial Pier Permittee,
Permit number: HC2004-057
Location : 2801 W COAST HWY
Status: CLOSED
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 - HA RB OR PESO UR CES S UPER VISOR
NA DINE MOMS - FIRE DEPA R TMENT INSPE CTOR
Page I of 2
CITY OF NEWPORT BEACH
FINAL LETTER - COMPLETE
f, '111roA
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
THE CROW'S NEST
GORDON BARIENBROCK
2801 W COAST HWY #260
NEWPORT BEACH, CA 92663
Permit number: HC2004-057
Location 2801 W COAST HWY
Status: CLOSED
12/21/2004
FION DATE COMMENTS
�-Other 12/21/2004 It is strongly recommended that all pedestals be protected from weather. There are at least 2
pedestals missing a cover. It is the pier pen-nittee's responsibility to ensure the docks are in safe
condition. Please replace these covers as soon as possible.
12/21/2004 All electrical enclosures shall be protected from the weather or in listed weatherproof enclosures.
NFPA 3.13. 1 A Pedestal covers either cracked or missing. Replace covers at: "Sublime"and
"Cuervo."
CHRIS MILLER - HARBOR RESOURCES SUPER VISOR
NADINE MORRIS - FIRE DEPARTMENT INSPECTOR
Page 2 of 2
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CITY OF NEWPORT BEACH
:n -8915
-Z RO. BOX 1768, NEWPORT BEACH, CA 92658
March 18, 1993
James Carter
P.O. BoX 12640
Santa Ana, Ca. 92712
Re: Pier Permit 0129-2801
Dear Mr. Carter:
The City of Newport Beach Marine Department contacted you by letter
(attached) and requested an after the f act plumbing Permit be
obtained pursuant to completing the required approvals on the work
done to the pier and docks at 2751 W. Pacific Coast Highway.
you were given thirty (30),from January 27, 1993, to comply with
this request.
To date this has not be done and this letter is to inform you that
the above mentioned permit.must be obtained and submitted to the
Building Department within fifteen (15) days from the date on this
. result in the matter being turned
letter. Failure to do this will
over to the city Managers' office for further action.
If you need to discuss this matter further, please call Jim Upton,
Deputy Fire Marshall, at 644-3108, or Wes Armand, Marine Department
at 644-3044.
sincerely,
6 ngl�—
cc: Barienbrock,Gordon,Earis
Jim Upton
3300 Newport Boulevard, Newport Beach
. I - , � -14,7nim
-1, CA 92658-8915
0 0
F NEWPORT BEACH
iO
1�0. BOX 1'108, NEWPORT BEACI
January 27, 1993
James Carter
p.O. Box 12640
Santa Ana , Ca. 92712
Re: Pier Permit 0129-2801
Dear Mr. Carter:
On July 27, 1987, the Newport Beach city Council approved an
cial docks bayward
application submitted by you to revise the commer
of 2751 W. Pacific Coast Highway subject to certain conditions. One
condition that to date has not been met is the Fire Department
approve the fire prevention equipment on the docks.
A recent field inspection by Fire Department and Marine Department
staff found that some of 'that work had been completed. The scope of
the work done required a plumbing permit from -the Building
Department. No record of a permit was found at the Building
Department.
't for the work mentioned above, along with
Please obtain a permi
drawings and calculations to prove the work meets City
requirements, and submit them to the Marine Department within
thirty (30) days from the -date of this letter.
if you need to discuss this matter
Deputy Fire Marshall, at 64,4-3108,
at 644-3044.
Sincerel
7o�
Wes Armand
cc: Barienbrock,Gordon,Earis
further, please call Jim Upton,
or Wes Armand, Marine Department
3300 Newport Boulevard, Newport Beach
129-2801
This day, Gordon Barienbrock phoned to say that
thispier permit/property is no long a partnership
with James Carter. Carter has taken 129-2751 and
with name fo Earl's Landing has taken 129-2801
property
Barienbrock
CITY OF NEWPORT BEACH
U z P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
/FOR
September 18, 1989
Adventures at Sea
2801 West Coast Highway
Newport Beach, cA 92663
Dear Sirs:
This is to notify your office that the pump for your vessel waste
pump out station must be repaired so that it operates
conventionally,.per the manufacturer's design.
As of Friday, September 15, 1989 at 5:00 P.M., the pump's off/on
switch was the breaker switch on the dock box. This, of course,
must be considered temporary.
The pump must be repaired and inspected by the City Harbor
Inspector before any further charters may use your facility as a
boarding site.
Thank you for your cooperation.
Sincerely,
Wes Armand
Harbor Inspector
cc: Glen Everroad, Business License Division
3300 Newport Boulevard, Newport Beach
Li
AVALON PACIFIC, INC.
AVALON PACIFIC
THE CHAR
TER NE -
September 15, 1988
Tony Melum
Tidelands Administrator
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92658-8915
Re: Special Events Permit for August 27, 1988
Dandeana - 6:30 to 10:30 p.m.
Dear Mr. Melum:
With reference to your letter of August 31, 1988 regarding the
Activity Permit for the above charter, please be advised that the
host of the charter arrived in a van with guests and there were
at least two limousines on the premises between the hours of 5:00
p.m. and 7:00 p.m. when the boat departed. In addition, the
guest count was 92. Why didn't you make your presence known so
that we could have helped you and shown you the vans and limos
rather than sneaking around. We have been in this location only
three months and from my converation with you, we have been
checked at least two times.
Tony, why do I feel you are seeking us out to harass?
Why are none of the charter companies in John Dominis and The
Chart House being watched. Newport Charter Company, Adventures
at Sea, Olympic Yacht Charters and Pacific Charters are all in
The -Chart House. Shirley Ritcher has made the side tie available for
rent to all. You know what the parking is there. I have called
you about this before and you assured me you were checking into
this. I have watched as many as seven boats load from that dock
in front of the Pacific Marine Building on one Saturday
alone. Seldom do they even bother with an activity permit.
i.e. September 13, 1988, Coast Yacht loaded the Dandeana at 9:30
a.m. with 150 people who parked on city streets and used city
parking lots with the charter not returning until 9:30 p.m. with
no activity permit.
I have repeatedly checked with Glen Everoad's office regarding
activity permits for other charter companies, only to be told
there was no permit issued. I feel that all charter companies
should have to abide by the same rules.
It is very expensive and time consuming for us to obtain activity
permits for each charter. We have also incurred ten's of
thousands of dollars in expense in moving from The Chart House
location to our current location so that we can comply with your
2729 WEST COAST HIGHWAY NEWPORT BEACH, CALIFORNIA 92663
(714) 642-6865 OR (714) 548-9381 FAX: (714) 548-9382
1
Tony Melum
September 15, 1988
Page Two
parking rules. We also expend hundred's of dollars per charter
for valet service to maximize the use of this parking lot.
Roscoe Cottrell buses or shuttles in all their clients. When
asked for copies of the agreement between the shuttle company and
Roscoe Cottrell, I was informed they had used these services for
so many years, they just pay by check. Will a letter suffice?
if you do not have the manpower and this permit is a City
law, why not have the Harbor Department or Sheriff's Department
check out boats that are in the harbor and/or loading from a dock
where it is obvious a charter is being loaded.
Another thing your rules are doing is hampering business. You
make it next to impossible to write a last minute charter because
of the rules and regulations, which costs us many hundreds of
dollars. We have prospered in the past because we are often
able to put together a charter in a 24 hour period of time. With
additional agreements between bus and shuttle companies to be
obtained, activity permits requiring a minimum of 48 hours, we
either run illegal or have to push the licensing department.
My understanding was if a boat or company was cited two times,
there would be no permits issued for six months. By your own
admission, the Bourbon Cowboy has been cited two times, but I
still see it operating charters.
There must be an easier more economical way of handling this.
We have been in the harbor a long time and probably should have
been grandfathered. This smacks of discrimination since we are
being asked to provide parking where other retail businesses are
not.
Very truly yours,
Ar N
t eACIFI , INC.
Roy King,
President
RK: jn
/X
CITY OF NEWPORT BEACH
Marine Department
July 13, 1987
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATION 129-2801 BY JAMES CARTER
TO REVISE THE COMMERCIAL DOCKS BAYWARD OF 2751 AND
2827 WEST COAST HIGHWAY
RecgLnMggdAtion:
If desired, approve the application subject to the following
conditions:
1. Approval of the Army Corps.of Engineers
2- 'Approval of the Califoj�nia Coastal Commission
3. That all plumbing and electrical work be done under a
permit from the City Building Department
4. That the plans and specifications for the dock must be
approved by the Public Works Department
5. The fire prevention equipment on the docks must be
approved by the City Fire Department
6. The sunken dry dock in the water at the eastern side
of the property must be removed prior to construction
7. The revised slips can be made available only to boat
brokers and the only vessels berthed at the marina will
be vessels for sale. The marina will not be used as a
private berthing marina for private vessels.
Discussion:
This application is before the City Council.as re I quired by Section
5.C.3 of the Harbor Permit Policies, which state:
5.C.3. "Prior approval of the City Council will also be
required before issuing a permit for shore -connected
structures when (3) the upland abutting prop erty is zoned
commercial".
The applicant wishes to rebuild an existing marina that is in need
of extensive repair. As part of that rebuilding, applicant wishes
to reconfigure the docks as indicated on the attached diagram.
In its new configuration the marina wouild provide berthing for at
least 19 vessels. Based on Sections 17 and 19 of the Harbor
Permit Policies the applicant should be required to provide
fourteen parking spaces and one men's and one women's restrooms.
The applicant has indicated that�the slips will be used only for
vessels for sale by yacht brokers and will not be available for
berthing of private vessels. In this caser the applicant has
agreed to condition #7 above and has asked that they be exempted
from the parking and sanitary requirements. In the past, where
applicants of commercial marinas have so conditioned their permity
the Council -has allowed these sections (Sections 17 and 19) to be
waived.
If, in the future, the marina becomes available for the' berthing
of private vesselst the applicant would be required to -show
compliance with the above sections of the Harbor permit policies
dealing with parking and sanitary facilities.
Tony Melum
Tidelands Administrator
/ j 6 �,, A Y14 e, &&/; �6' -
J2
. 0�- -7 ��/
0
1Z �- Z -7 5--/
RiCHARD T. MUDGE
A LAW CORPORATION
23521 PASEO DE VALENCIA, SUITE 311
LAGUNA HILLS, CALIFORNIA 92653-9998
(714) 837-6030
October 16, 1986
Newport Beach City Council
3300 Newport Blvd.
Newport Beach, CA 92658-8915
Reference: Off -Site Parking Agreement
Gentlemen:
On September 22, 1986, Agenda Item No. F-11, the City
Council approved the application of Gordon S. Barienbrock
to accept an amended off-site parking aqreement for seven
parking spaces partially on 2751 West Co-ast Highway,
Newport Beach, California and 25 parking spaces entirely on
said site.
I represent Avalon Pacific, Inc., a yacht charter business,
who has been a tenant at 2751 West Coast Highway since
June, 1983. For over three years, Avalon and its customers
have used the parking lot on weekends and evenings. This
use has been virtually unrestricted. The abovementioned
decision of the City Council is anticipated to have a
severe adverse effect on the ability of Avalon to conduct
its business. In addition to the considerable
inconveniences to charter customers who use the parking lot
for loading and unloading of passengers and equipment, the
lack of parking may affect Avalon's ability to obtain
activity permits for it s charter operation. The greater
part of its activity is conducted in the early evening
hours, during which time it conducts.bay cruises, and on
weekends. The decision of the council has the direct
effect of eliminating any customer parking at 2751 West
Coast Highway during the early evening hours and on
weekends.
It is my understanding that representations were made to
the planning commission staff by the applicant or his
representatives or associates that there is no evening or
weekend use of the parking lot at 2751 West Coast Highway
by�the tenants in the building located on that property.
That representation is totally false and misleading. The
representation was relied upon by the Planning Commission
staff in making its recommendation to the Planning
Commission (See Finding No. 7 of the Planning Commission
Minutes tor the September 4, 1986, hearing), which in turn
made its recommendation to the City Council in reliance
upon the same information. From what I can gather, nobody
Newport Beach City Council
Page 2
from the Planning Department contacted any of the tenants
at 2751 West Coast Highway to verify whether they used the
parking lot on weekends and evenings. As outlined in
Section 2063.045B of the Municipal Code, the Planning
Commission shall not recommend and the City Council shall
not approve off-street parking on a separate lot from the
building site unless the owner of the adjacent property is
"entitled to the immediate possession and use thereof."
Obviously, James A. Carter, the owner of the adjacent
property at 2751 West Coast Highway, is not entitled to the
immediate possession of the parking lot serving that
property because he has a written lease with Avalon
Pacifict Inc., and most probably other tenants in the
building, which leases provide that the tenants are to have
adequate parking in the parking lot at 2751 West Coast
Highway.
In reviewing the use permit file for 2801 West Coast
Highway, I learned that none of the tenants at 2751 West
Coast Highway were sent a notice of the Planning Commission
hearing on September 4, 1986 nor were they sent a notice of
the City Council hearing on September 22, 1986. If Avalon
Pacific, Inc. had received notice, it most certainly would
have appeared at both of the hearings to set the record
straight concerning tenant use of the parking lot at 2751
West Coast Highway duing the evening hours and on weekends,
and I assume other tenants would likewise have been present
at the hearings for the same purpose.
It should be noted that according to Tony Melum of the
Marine Department, James A. Carter, the owner of 2751 West
Coast Highway, has told the Marine Department that he plans
extensive improvements to the marina at 2751 West Coast
Highway, and has filed with the Marine Department a
tentative plan indicating the hoped for improvements. I
spoke with Tony Melum recently and he stated to me that he
anticipates receiving a formal application from Mr. Carter
in a matter of days. As a matter of fact, when I spoke to
him he indicated to me that he thought the application
would be received in time for him to submit it to the City
Council for its meeting on October 27, 1986. The marina at
2751 West Coast Highway is in a shoddy state of repair.
New facilities are needed in the worst way. I have sent
several letters to Tony Melum during the past year
Newport Beach City Council
Page 3
complaining about various unsafe conditions at the marina,
and I am informed that he has discussed the matter with the
owner of 2751 West Coast Highway on more than one
occasion. I mention all of this because Section 17 of the
Harbor Permit Policies requires a certain amount of on-site
parking for each boat slip in the marina. I am advised by
Mr. Melum that this parking requirement is rarely if ever
modified so that parking is not required on weekends or
evenings. In fact, weekends and evenings are the most busy
times for boat use and these are the times when the parking
is most needed. By authorizing the signing an off-street
parking agreement and thereby reserving 32 parking spaces
at 2751 West Coast Highway for the Chart House Restaurant
operation, the City Council has effectively made it
impossible to have the weekend and evening parking at 2751
West Coast Highway which the Marine Department would
ordinarily require as a condition to the issuance of a
permit to operate a marina.
Avalon Pacific, Inc. asks that the City Council reconsider
its abovementioned decision made on September 22, 1986, to
sign the off-street parking agreement, and to reverse its
decision pending further study of the application. In
addition, Avalon Pacific, Inc. asks that the City Council
instruct the Planning Department to coordinate with the
Marine Department with reference to the parking
requirements at 2751 West Coast Highway.
I would very much appreciate a response from the City
Council or the Planning Department with reference to the
contents of this letter.
Thank you for your consideration.
Very truly
X��
Richard T.
yours,
Mudge
RTM: gm -
p.c. Roy King
Newport
Newport
4-NBCOUNCIL
Beach Marine Dept.,
Attn: Tony Melum
Beach Planning Dept.,
Attn: William R Laycock,
Planning Administrator
RICHARE) T. MUDGE
ATTORNEY AT LAW
23521 PASEO DE VALENCIA
SUITE 311
(714) 837-6030 LAGUNA HILLS, CALIF013NIA 92653-9998
27,51 W. COAST HIGHWAY, SUITE 110, NEWPORT BEACH, CA. 926634714) 642-6865
CIVIC CENTER PROFESSIONAL PLAZA
500 WEST SANTA ANA BOULEVARD SANTA ANA, CALIFORNIA 92701
June 25,
Mr. Tony Melum
Tidelands Administrator
City of Newport Beach
P. 0. Box 068
Newport Beach, Calif .
Dear Tony:
Thank you for meeting wi . th e Monday and got
m ng over
our docks at the Pacific Marine Building- . I have
enclosed the plan for the' new docks to'be built. As
you requested, these. will be reviewed by you for any
changes you deem necessary before we'obtain-a permit.
I discussed our meeting with Mr. Carter. We wondered
if it -would be possible for the City . of Newport Beach
to help us get --the two large boats belonging to one
of our tenants, Avalon Pacific, petmanently-moved in
order -to allow ingress and egress into our marina.
This would make the present mooring safe for fire
code inasmuch as they could be easily moved to the
channel in case of fire.� If the large boats were
removed, there would not be a passage into the marina
problem. This tenant is definitely,in violation of
their lease with their boats in this spot and it is
for this reason we are having litigation --proceedings.
If the City could help us in that -mannert that would
be appreciated.
I will look forward to hearing from Vou . reQarding this
.1 C:1
matter. I know this requires immediate attention and 1
will be on vaca I tioriP beginning tomorrow, for two weeks.
C�
Please be sure to contact Mr. Carter so that there will
be no hold up on the progres's. Thank you.
Sincerely,
PACIFIC MARINE BUILDING
AS
hirley Richter
P Pr r
roplerl.lanager
(714) 541-5696
CIVIC CENTER PROFESS10NAL PLAZA
500 WEST SANTA ANA BOULEVARD SANTA ANA, CALIFORNIA 92701
June 13, 1986
Mr. Tony Melum
Tidelands Administrator
City of Newport Beach
P. 0. Box 1768
Newport Beach, Ca.
Dear Mr. Melum:
We are in receipt of your letter dated June 4, 1986
asking for our intentions in remedying the dry dock
problem as well as others you listed in this letter.
As I had informed you earlier., we are in the middle
of litigation with the tenant who leases the dry dock
and we very possibly may require your testimony in
court regarding this problem. We are moving as fast
as possible in getting this resolved and I will definitely
keep you informed of the progress.
As far as the complaints reported to you regarding other.,
problem areas, I would like very much to possiblypersonally
make an appointment either with you or your representative
in order to get any problems rectified that could possibly
cause our revocation of the harbor permit. We are most
anxious to cooperate in any waynecessary with the City.
Our fire fighting requirements are regularly checked by
Gottco and are up to code, as they have been in the past.
I can be reached daily at the above telephone number should
you desire any further information. Thank you.
Sincerely'.
irley cht r
PACIFIC BUILDING
Property Manager
a
to
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0
9
LL
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE:
FOR COURT USE ONLY
CURT OWEN, ESQ. (714) 957-3337
3610 So. Bristol St., Ste. 106
Santa Ana, CA 92704
ATTORNEY FOR (NAME): James A. Carter ATTORNEY BAR 32263
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
700 Civic Center Drive West
Post Office Box 838
Santa Ana, CA 92702
PLAINTIFF:
JAMES A. CARTER
DEFENDANT:
AVALON PACIFIC, a California corporation, et al.
CIVIL SUBPENA RDCOURT =DEPOSITION
CASE NUMBER:
= DUCES TECUM =OTHER (specify):
48 81 41
1r1trtUrLt:Ut- Ir1tZ)IAItUt-L;ALIt-UhNIA, IL)(NAMI=)-.
Tony Melum, Tidelands Administrator, City of Newport Beach
1. YOU ARE ORDERED TO APPEAR AS A WITNESS in this action as follows unless you make a special agreement
with the person named in item 3:
a. Date: July 14, 1986 Time: 0 0, m, G—L] Dept.: 1 F-1 Div.: Room:
b. Address: 700 Civic Center Drive West, Sant Ana, CA
r-. d1lu yuu dit:
a. M ordered to appear in person.
b. F-1 not required to appear in person if you produce the records described in the accompanying affidavit in
compliance with Evidence Code sections 1560 and 1561.
c. F—] ordered to appear in person and to produce the records described in the accompanying affidavit. The personal
attendance of the custodian or other qualified witness and the production of the original records is required
by this subpena. The procedure authorized pursuant to subdivision (b) of section 1560, and sections 1561
and 1562, of the Evidence Code will not be deemed sufficient compliance with this subpena.
d. ordered to designate one or more persons to testify on your behalf as to the matters described in the accom-
panying statement. (Code of Civil Procedure section 2019(a)(6).)
3. IF YOU HAVE ANY QUESTIONS ABOUT WITNESS FEES OR THE TIME OR DATE FOR YOU TO APPEAR, OR IF
YOU WANT TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED, CONTACT THE ATTORNEY REQUESTING THIS
SUBPENA, NAMED ABOVE, OR THE FOLLOWING PERSON, BEFORE THE DATE ON WHICH YOU ARE TO APPEAR:
a. Name: CURT OWEN, Attorney at Law b. Telephone number: (714) 957-3337
4. WITNESS FEES: You are entitled to receive witness fees and mileage actually traveled, as provided by law, if you
request them BEFORE your scheduled appearance. Request them from the person named in item 3.
5. It this subpena requires your attendance at proceedings out of court and you refuse to answer questions or sign
as required by law, you must attend a court hearing at a time to be fixed by the person conducting such proceedings.
6. You are ordered to appear in this civil matter in your capacity as a peace officer or other person described in
Government Code section 68097.1.
Date: Clerk of the Court, by Deputy
DISOBEDIENCE OF THIS SUBPENA MAY BE PUNISHED AS CONTEMPT gX THIS COURT. YQV WILL ALSO BE LIABLE
FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESUUTIVJG FROM YOURAAILURE TO OBEY.
For Court Use Only
0 0
V 11% i�'
-_0
.4.0
C:
IFO
�6;*'��*02
Form Adopted by Rule 982
Judicial Council of California
Revised Effective January 1, 1982
Dated: . jVly. 1.0, .198.6.
I I/ -
44,e Z 4A;5�,4�,
%j V Clerk
County Clerk and Clerk of the Superior Court of the
Stale ot California, in and for the County of Orange
(See reverse for proof of service)
CIVIL SUBPENA
PROOF OF SERVICE OF CIVIL SUBPENA
1. 1 served this Msubpena =subpena duces tecum and supporting affidavit by delivering a copy personally to
the person served as follows:
a. Person served (name): Tony Melum
b. Address where served: 3300 Newport Boulevard, Newport Beach, CA
c. Date of delivery: 711�11f
d. Time of delivery: q" /0 Ay -n
e. Witness fees (check one)
(1) = were offered or demanded
and paid. Amount. . . . $
(2) F__J, were not demanded or paid.
f. Fees for service . . . . . . . . $
2. 1 received this subpena for service on (date):
3. Person serving
a. Not a registered California process server
b. Registered California process server.
c. F� Employee or independent contractor of a
regi�tered California process server.
d. a] Exempt from registration under
Bus. & Prof. Code section 22350(b).
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and cor-
rect and h thi I ation is executed on
(date): . . ... . . . . . . . . . . . . . . . .
U kSignature)
e.= California sheriff, marshal, or constable.
f. Name, address and telephone number and
if applicable, county of registration and number:
(For California sheriff, marshal, or constable use only)
I certify that the foregoing is true and correct and that
this certificate is executed on (date): . . . . . . . . .
at (place): . . . . . . . . . . . . . . . California.
(Signature)
PO
0
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
June 4, 1986
James A. Carter
1212 Royal Oak Way
Anaheim, CA 92807
Re: Harbor Permit 129-2751 for the property at 2751 Pacific Coast Highway
Dear Mr. Carter:
In January of 1986 we corresponded with you regarding a sunken dry dock
at your property at the ab6ve address. It is our understanding that of
this date the dry dock has not been removed and is still on the bottom
of Newport Harbor.
The Marine Department.still feels that'this floating dry dock, in its
current -position, poses a safety hazard to both vessels and users of
the harbor. As we pointed out in our letter of January 16, 1986, failure
to remedy this sitution is grounds for revocation of the permit.
In addition to the above, we have received a number of complaints
regarding other problem areas, to include illegal rafting of vessels
in the marina, plumbing problems with the water Itnes to the dock,
electrical problems wi'th the electrical lines to the dock, structural
problems with the docks themselves, and an indicati-ori that the commercial
facility does not have Code -approved fire fight4ng capabilities.
Please contact this -department within ten (10) days of receipt of this
letter so that we can know your proposals for remedying the deficiencies
quoted above.
If you have any questions -in thi's regard, please contact me. My telephone
is 644m-3044.
Si ncerely,
Tony Mel m,
Tidelands Administrator
tm: db
3300 Newport Boulevard, Newport Beach
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RiCHARD T. MUDGE
A LAW CORPORATION
23S21 PASEO DE VALENCIA, SUITE 311
LAGUNA HILLS, CALIFORNIA 92653-9998
(714) 837-6030
May 19, 1986
Mr. Tony Melum
City of Newport Beach Marine Department
No. 70 Newport Pier
Newport Beach, CA 92663
Re: Pacific Marine Building
2751 Pacific Coast Highway
Dear Mr. Meluip:
on behalf of my client Avalon -Pacific I would like to again
request that the complaints set forth in my letter to you
of January 24, 1986 (copy enclosed) be dealt with. The
situation has gotten worse in the last three and a half
months.
We ask that you (1) enforce the laws against rafting;
(2) ask the f ire department to inspect the premises to
determine if there is adequate water under sufficient
pressure for firefighting purposes to determine the
adequacy of lighting in the mooring,.area, to determine
the condition of electrical outlets from a safety
standpoint and to determine the condition of ramps and
docks from a safety standpoint.
I would like to repeat the request of my clients that
they be allowed to walk the premises with the inspector
and to have an opportunity to point out the unsafe
conditions they believe to exist. The person to contact
is Roy King. His telephone number is 642-6865.
Thank you for your cooperation.
Sincerely,
ichard T. Mudge
RTM:gm
p.c. Roy King
55 J
RiCHARD T. MUDGE
A LAW CORPORATION
23521 PASEO DE VALENCIA. I�Lillr .311
LAGUNA HILLS, CALIFORNIA 92653-9998
(714) 837-6()3o
10 January 24, 1986
Mr. Tony Melum
City of Newport Beach Marine Department
No. 70 Newport Pier
Newport Beach, CA 92663
Re: Pacific Marine Building
2751 Pacific Coast Highway
Dear Mr. Melum:
I represent Avalon -Pacific (Roy King and Larry Hughes are the
general partners), which is a lessee of office space (Suite 110),
a dry dock and boat slips adjacent to the dry dock at 2751
Pacific Coast Highway, Newport Beach, CA (herein "leased
Premises"), under written lease agreement with James A. Carter
(landlord) dated June 9, 1983, as amended.
The mooring area bayward of the bulkhead at the leased - premises
is ve ngested with boats. This has resulted in excessive
demi-n-rdYfoor (1) ingress from and egress to the channel, (2) use of
parking stalls in the parking lot, and (3) use of the restroom
facilities in the building. The congestion also increases the
fire hazard. -My clients have tried to make the best of a
difficult situation, and havp tried to get the landlord to
improve the situation, but to no avail.
I understand that moored boats must: be tied fore and aft - and
that rafting is not permitted. Boats have been allowed to raft
at the leased premises. My clien �s ask thay you enforce the
laws against rafting at this mooring area.
Also, I understand that there must be one parking stall per,
250 net square feet of floor area in the building
(Muni C 20.30.035) plus 0.75 square feet for each boat slip:
or 25 feet of mooring space not classified as a slip (Harbor
Permit Policies- para. 17a). The building permit (No. 61-20)
for the leased premises states that the building has 6,150
square feet and that 32 parking spaces are required. There
are currently 32 parking stalls at the leased premises.
Page 2
If we allocate 24.6 parking stalls for 6 150 square feet of
building (6,150 divided by 250 = 24.6), �here would only be
7.4 stalls allocated for the people using the mooring area
(32 - 24.6,= 7.4). If there are to be 0.75 parking stalls
per boat slip, there should be no more than 9.86 boat slips
in the mooring area (7.4 divided by 0.75 = 9.86). Currently
there are 13 boats moored at the leased premises. If the
rafting were discontinued, approximately three less boats
would be using the mooring area. This would bring the use
of the mooring area into line with the parking requirements.
I realize that your jurisdiction may not extend -to problems
caused by inadequate parking. But, by enforcement of the law
against rafting, You will be helping to alleviate the parking
problem somewhat.
I am told that there is a water line adjacent to the bulkhead
at the leased premises that is to provide water for fire
fighting purposesiiamong other purposes, and that the water
pressure in this ne is extremely low due to holes in the
line. Also, the ramps to the pier area are in need of repair.
At the present time they appear to pose an undue hazard to
persons using the ramps. Also, I understand that the light-
ing in the mooring area is not sufficient and that the use'
of the piers and ramps after dark is unsafe due to poor
visibility. Also, the electrical outlets in the mooring
area appear to be either unsafe or are being used in an
unsafe manner. My clients ask that an inspection of the
mooring area and the building itself be made to ascertain
whether any unsafe conditions exist, and if so, that steps
be taken to correct.the unsafe conditions. My clients would
like to walk the premises with the inspector and to have an
opportunity to point out the unsafe conditions they believe
to exist. The person to contact is Roy King. His telephone
number is 642-6865.
Thank you for your cooperation.
Sincerely,
Richard T. Mudge
RTM: gm
Pic. Roy King
5 J
RiCHARD T. MUDGE:
A LAW CORPORATION
2-3521 PASEO DE 'VALENCIA. SUITE 311
LAGUNA HILLS, CALIFORNIA 92653-9998
(714) 837-6030
March 13, 1986
Mrs. Shirley Richter
500 West Santa Ana Blvd. , Suite 160
Santa Ana, CA 92701
Reference: Dry dock at 2751 West Coast Highway
Dear Mrs. Richter:
This letter is in response to your letter to me dated
February 6, 1986 and is also a follow up to our telephone
conversation of March 11, 1986.
It appears that Avalon Pacific is being forced to make a
choice not contemplated at the time the lease was signed,
namely, they are being required to choose between having
a boat slip in the center portion of the dry dock or having
the center portion raised and being required to wait while
the landlord attempts to reinstate the dry dock permit.
Under these circumstances Avalon Pacific chooses to have
the boat slip described on Exhibit "B" of the written lease.
Avalon Pacific has exercised its option to extend the term
of the written lease. However, you have advised that -the
landlord claims the exercise of the option to extend the
term of the lease is invalid because Avalon Pacific was in
default at the time of the exercise of the option'. If the
landlord is correct, then the term of the'lease ends this
coming June. Until the',dispute over when the lease ends
is resolved, my clients will not agree to. pay any portion
,.Of the expense of removing the centerportion of the dry
dock.
Page 2
My clients will cooperate in allowing the work to proceed.
As I said in my letter of January 24, 1986 to James A.
Carter, my clients will be greatly inconvienced and they will
expect to be reimbursed for any expense incurred by them,
including the expense to have boats moored elsewhere during
the course of the work. My clients would like to know at
least 48 hours in advance when the work will start and how
long it will take. The person to contact is Roy King and
he can be reached at (714) 642-6865.
Very truly yours,
Richard T. Mudge
RTM: gm
p.c. Roy King
Tony Melum
55 F
CIVIC CENTER PROFESSIONAL LAZA
(714) 541-5696 500 WEST SANTA ANA BOULEVARD SANTA ANA, CALIFORNIA 92701:
March 11 19861__�_`_
3
Mr. Richard T. Mudge
Attorney at Law
23521 Paseo de Valencia Suite 311
Laguna Hills, California
RE- AValop P
Dear 'Mr. Mudge:
This letter is to confirm our telephone.,conve
morning regarding the dry dock and Avalon P
intentions regarding this matter.
You informed me that Mr. Roy King had told y
U"
ma
- - - - - - - - - - - - - -
that they will be using this dry dock Are a a R
01 f
they will not pay to have the centerre0ove -rom-the i I
t
floor._�
This is in violation �of -the City of Newport- Bpoo_ s
with the dry''dock.:
The landlord will be providing a-combtebso .-o
r :ri,"�*tu
_4
March 24th f r oc 'centrt-
o the raising of thl s ry-- r 0-M,
the marina floor. We ask that'a'll v -s,j - s.� le
es pome.,
this area on that date
If you should require further notice for removing all., -
�otify us so.-,-V_.At-�we. cah--.-
vessels from this area please n 6
coordinate the compressor delivery Witt, the��eT I
the vessels.
Since P �7- i
PAC FI,
hirto�y,., J RiqhtO
pro M,
-c c.� James-: A. Carter
at L aw,
Tony Melum T delan s m City N.B'.
Ava on -aci,ic
cl�
L 6, d -S: � a,. P -a
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4,c) vN AL 4� 0 c) y,% No S , WA,
IK
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6s
CIVIC CENTER PROM I Pu
s �.ONA
J
(714) 54i-5696 500 WEST SANTA ANA BOULEVARD SANTA ANAj CALIFURNIA 92701�:
FOru -19
INE
UIVIC UENTER YROFESSIONAL.,�� 71AZA
RiCHARi) T. MUDGE
A LAW CORPORATION
23521 PASEO DE VALENCIA. SUITE 311
LAGUNA HILLS, CALIFORNIA 92653-9998
(714) 837-6030
January 31, 1986
Shirley Richter
500 West Santa Ana Blvd., Suite 160
Santa Ana, CA 92701
Reference: Dry dock at 2751 West Coast Highway
Dear Mrs. Richter:
Thank you for your letter dated January 30, 1986. You state
that you have not had a floating dry dock permit since 1982.
You are misinformed. Enclosed for your reference is a copy
of a letter from the city to Pacifica Marine, dated October
20, 1982, notifying you that your permit for a floating dry
dock at 2751 West Coast Highway was extended for three years.
This permi . t was.allowed to lapse on or about October 22, 1985.
Perhaps, as you state, you had no intention of the dock being
used as a dry dock. _ he tenant, Avalon Pacific, however,
did intend to have the right to use the dock for dry dock
purposes, and did intend that they would have the right to
raise and lower the center portion of the dry dock any time
they saw fit. You state that the right to raise or lower
the center portion of the dry dock was not an i , s'sue because
Avalon Pacific was in the charter business However the
lease does not restrict the i tenant to the �se of the .9 premises
for a "charter business". To the contrary, the lease states
that the office space (Suite 110) shall be used "for general
purposes," and the amendment to lease, dated October 3, 1983,
states that the tenant may use the dry dock "in the ordinary
course and scope of the tenant's business." Please note
however, that Exhibit B to the lease, a copy of which is
enclosed, clearly indicates that the parties contemplated
a raising and lowering of the center of the dry dock. If
not, why was the 23 ft. by 53 ft. slip space depicted in
the center of the dry dock on Exhibit B?
Page 2
You state that you were informed that after the center of
the dry dock was lowered that you were told that Avalon
Pacific also dismantled it so it could never be raised to
its original position. This information did not come from
Avalon Pacific. Roy King advises me that the center portion
was not dismantled and that it can be raised and lowered at
any t7i-m-e with the aid of a compressor. Paragraph 10. of the
lease provides, in substance, that the tenant will not make
any "alterations,, additions or improvements" without the
consent of the landlord. Avalon Pacific disagrees that a
lowering of the center portion of the dry dock, for however
long, is not an "alteration, addition or improvement," and
that there was no breach of the lease. If you have any
information to the contrary, I -shall be glad to review it.
The position of my clients as set forth in my letter to Mr.
Carter dated January 24, 1986, remains the same. I want to
a s su r e eration in alloiq-ing t , H —e
4v4
work of removi�i bf—the--dry'
-d—as ep r ment, at t e landlord's
ft —oc6e i r e &t-6 h
expense.
Very truly yours,
Richard T. Mudge
RTM: gm
p.c. Roy King
Tony Melum
55 F
RiCHARD T. MUDGE
A LAW CORPORATION
23521 PASEP DE VALENCIA, SUITE 311
LAGUNA HILLS, CALIFORNIA 92653-9998
(714) 837-6030
January 24, 1986
Mr. James A. Carter
121 Royal Oak Road
Anaheim, CA 92807
Re: Dry dock at 2751 West Coast Highway
Dear Mr. Carter:
I represent Roy King and Larry Hughes. They received a 3 day
notice to pay rent or quit -dated January 21, 1986, which
directs them to remove the center of the dry dock from the
marine floor. Apparently, the Newport Beach Marine Depart-
ment recently sent you a letter requiring that this be done.
The position of my clients is as follows:
I
1. They leased a floating dr� dock from you commencing
September 1, 1983, and should have ipeaceful possession of -
it along with the right to raise or'lower the center portion
anytime they wish.
2. Your use permit to have a floating dry dock was
allowed by you to lapse in October 1985. As a result, my
clients have lost the right to use the dry dock for dry dock
purposes.
3. My clients agree that the admonition of the Marine
Department should be followed immediately, and that the center
portion of,,the dry dock should be removed. Since this must
be done to the -satisfaction of the Marine Department, and
since you allowed the use permit to lapse, you should have
the work done at your expense.
4. My clients will cooperate in allowing the work to
proceed. Since they will be greatly inconvenienced, they
will expect to.be reimbursed for any expense incurred by
them, including the expense to have boats moored elsewhere
during the course of the work. My clients would like to
know at least 48 hours in advance when the work will start
and how long it will take. The person to contact is Roy
King. He can be reached at (714) 642-6865.
Very truly yours,
Richard T. Mudge
RTM: gm
p.c. Roy King
Tony Melum
Shirley Richter
55 1
RiCHARc) T. MUDGE
A LAW CORPORATION
23521 PASEO DE VALENCIA. SUITE 311
LAGUNA HILLS, CALIFORNIA 92653-9998
('714) 837-6030
January 24, 1986
Mr. Tony Melum
City of Newport Beach Marine Department
No. 70 Newport Pier
Newport Beach, CA 92663
Re: Pacific Marine Building
2751 Pacific Coast Highway
Dear Mr. Melum:
I represent Avalon -Pacific (Roy King and Larry Hughes are the
general partners), which is a lessee of office space (Suite 110),
a dry dock and boat slips adjacent to the dry dock at 2751
Pacific Coast Highway, Newport Beach, CA (herein "leased
premises"), under written lease agreement with James A. Carter
(landlord) dated June 9, 1983, as amended.
The mooring area bayward of the bulkhead at the leased premises
is very congested with boats. This has resulted in excessive
demand for (1) ingress from and egress to the channel, (2) use of
parking stalls in the parking lot, and (3) use of the restroom
facilities in the building. The congestion also increases the
fire hazard. My clients have tried to make the best of a
difficult situation, and have tried to get the landlord to
improve the situation, but to no avail.
I understand that moored boats must be tied fore and aft and
that rafting is not permitted. Boats have been allowed to raft
at the leased premises. My clients ask thay you enforce the
laws against rafting at this mooring area.
Also, I understand that there must be one parking stall per
250 net square feet of floor area in the building
(Muni C 20.30.035) plus 0.75 square feet for each boat slip
or 25 feet of mooring space not classified as a slip (Harbor
Permit Policies- para. 17a). The building permit (No. 61-20)
for the leased premises states that the building has 6,150
square feet and that 32 parking spaces are required. There
are currently 32 parking stalls at the leased premises.
Page 2
If we allocate 24.6 parking stalls for 6,150 square feet of
building (6,150 divided by 250 = 24.6), there would only be
7.4 stalls allocated for the people using the mooring area
(32 - 24.6 = 7.4). If there are to be 0.75 parking stalls
per boat slip, there should be no more than 9.86 boat slips
in the mooring area (7.4 divided by 0.75 = 9.86). Currently
there are 13 boats moored at the leased premises. If the
rafting were discontinued, approximately three less boats
would be using the mooring area. This would bring the use
of the mooring area into line with the parking requirements.
I realize that your jurisdiction may not extend to problems
caused by inadequate parking. But, by enforcement of the law
against rafting, you will be helping to alleviate the parking
problem somewhat.
I am told that there is a water line adjacent to the bulkhead
at the leased premises that is to provide water for fire
fighting purposes, among other purposes, and that the water
pressure in this line is extremely low due to holes in the
line. Also, the ramps to the pier area are in need of repair.
At the present time they appear to pose an undue hazard to
persons using the ramps. Also, I understand that the light-
ing in the mooring area is not sufficient and that the use
of the piers and ramps after dark is unsafe due to poor
visibility. Also, the electrical outlets in the mooring
area appear to be either unsafe or are being used in an
unsafe manner. My clients ask that an inspection of the
mooring area and the building itself be made to ascertain
whether any unsafe conditions exist, and if so, that steps
be taken to correct the unsafe conditions. My clients would
like to walk the premises with the inspector and to have an
opportunity to point out the unsafe conditions they believe
to exist. The person to contact is Roy King. His telephone
number is 642-6865.
Thank you for your cooperation.
S'nc r1ely.,
0
'00"0
Richard T. Mudge
RTM: gm
p.c. Roy King
55 J
CIVIC CENTER PROFESSIONAL PLAZA
500 WEST SANTA ANA BOULEVARD SANTA ANA, CALIFORNIA 92701
January 23, 1986
Mr. Tony Melum
Tidelands Administrator
City of Newport Beach
P. 0. Box 1168
Newport Calif.
Dear Mr. Melum:
We received your letter to the owner, Mr. James A. Carter,
of the Pacific Marine Building, 2751 W. Pacific Coast Hwy,
in Newport Beach. In your letter you asked that the
center of the dry dock be removed from the bay floor.
I am the manager of the property and this dry dock area
was leased to a tenant and they have lowered it themselves.
We have served them with a Notice to Perform or Quit, which
I have attached a copy of to this letter. T& are very
anxious for them to get thisjob completed, ourselves.
We should have an answer ,.for you shortly about this
problem and I will keep you advised. If you should
need any further information or n eed to reach me, please
feel free to contact me at the above address. Thank you.
Sincerely,
Shirl yy Richter
Property Manager
PACIFIC MARINE BUILDING
TO: Mr. Roy King and Mr. Larry Hughes, tenants in
possession of Avalon Pacific, Suite 110 and
Dry Dock of the Pacific Marine Building, . 1
2751 Pacific Coast Highv7ay, NeWport Beach, Calif.
under tems of OfFice Buiiding Lease dated
June 9, 1983 as. amended from time to time with
Dry Dock Lease dated August 4, 1983.
YOU ARE HEREBY REOUIRED T�TITHIN THREE DAYS OF RECEIPT
OF THIS NOTICE EITHER -
TO: remove the center of the dry dock from
the riarina floor bottom that was lowered into
the water in order to create a boat.slip
and said work was T)erformed without any nrior
authorization by either Landlord or the City
of New -Port Beach -per attached demand by City; or
TO VACATE TH7 ABOVE T'TE717TONET) PREMISES QCCUPTpD. By
YOU I-11TTI-11IN SAID THREE DAYS.
If you fail to do so, legal proceedings will be
instituted against you to recover Dossession of said -nremises
with treble rents and such other dam
aaes as may be allowed by
law.
The landlord hereby elects to declare the forfeiture
of the agreement under which you hold possession of said premises.
Date: January 21, 1986
By
nlflle�, J. P p
MA XhV�,-Prk erty Manager
TF
PACIFIC R AtILDING
PROOF OF SERVICE
State of California
County of Orange
T, Jpqn Marie Balinan state:
T am a resident in -the County of Orange and ar.q over
the,age of eighteen years, -that on the date of Januar 1986
y '21
I derved a copy of THREE DAY NOTTCE TO PAY OR -OUIT an ---
d� a
THUE DAY NOTTCE TO PEkF()P\M OR ()TJT.T to the D
-ersons named
on this notice, who is in the
----- -------
manner prescribed by SeFtFi—o—n"�'ffTy- Jo'� �te �California Code o -F
Civil Procedure as follows:
1162 (1) Personal service and delivery on Tenant
I declare under penalty of 'perjury that the
foregoing is true and correct,
Dated: January 21, 1-986
at- Pacific Marine Building
2751 V1. Coast Hwy
Newport Beach, Ca. 92663
B.�
P0
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
ro sp,
January 16, 1986
James A. Carter
121 Royal Oak Road
Anaheim, California 92807
It has recently come to -the attention -of the Newport Beach Marine
Department that the center portion of the floating dry dock bayward
of 2751 West Pacific Coast Highway is sunk in place.
it was our -understanding, based on your letter to us on February 24,_
1981 (see attached), that -this portion of the docks had been,rem.oved.
Obviously.this is not.the case and it is the position of the Marine
Department that this sunken structure presents a safety hazard to
both vessels and users of the harbor.
Failure to remedy this'situation could result in revocation of
your harbor permit as provided for in Section 17.24.090 (5) of the
Newport Beach Municipal Code, which states:
"17.24.090 (5)'Revocati'on of Permit� - A. Ground for Revocation.
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 any of.the following grounds: ...
(5) The work or structure has fallen.into a state of di'srepai'r."
Please contact the undersigned within ten days to preclude further
action by this department.
Very truly yours,
Yuu'*LWAdministrator
/ 7d
Tony Melum, Tj e ands
TM: db
3300 Newport Boulevard, Newport Beach
A i
4,
F Ci g
/ X �F .- 2:_ o" -'v (
CI'_YY
OF NEWPORTBEACH
P.0.
BOX
17, 68i N EWPORT BEACI i. CA
9_1663-3884
September 11, 1984
Gordon Barienbrock
2827 West Coast Highway
Newport Beach, CA 92663
Dear Mr. Barienbrock:
I have been contacted by Carl Wilcox of State of California
Department of Fish and Game regarding Condition ITl on your
Coastal Commission permit 9'5-83-485.
The Department of Fish and Game has determined that your
project will cover 4800 square feet of water area, therefore,
based on condition #1, you will be responsible for 19,200 square
feet of �-,,etland restoration as mitigation.
-Mr. Wilcox has indicated that you have two options for satisfying
the condition:
1. Deposit $19,200 with the City of Ne�,,)ort Beach (the cost
of the wetlands mitigation), or
2. Participate in mitigati on work by other applicant in
the Upper Bay wetlands in the requisite square fo .age
(19,200 square feet) amount.
Please let me know at your earliest convenience how you plan
to proceed.
Very truly yours,
Tony Melu ;7
Tidelands Administrator
TM: db
3300 Newport Boulevard, Newport Beach
St te 64'C_alif6rnia,George Deukmejian, Governor
California Coastal Commission
South Coast District
245 West Broadway, Suite 380
P.O. Box 1450
Long Beach, California 90801-1450
(213) 590-5071
5-83-485
2/2/84df
COASTAL DEVELOPMENT PERMIT NO. February 2, 1984
Page 1 of 2
On September 29, 1983 , The California Cbastal Commission granted to
Gordon Barienbrock, 3000 W. Ocean Front, Newport Beach, CA
this permit for the development described below, subject to the attached
Standard and Special conditions.
Description: Demolition of two small existing structures used for
commercial purposes and construction of a 24,450 sq. ft., 35' above
AFG, marine office building and restaurant. The project provides
55 on-site parking spaces. Additional off-site parking spaces will
be provided via an off-site parking agreement. The project also
involves the replacement of existing boat slips with a new 15 -boat
marina. The project also involves replacement of existing deteriorated
noncontiguous bulkhead structures with a new concrete bulkhead.
A portion of the proposed restaurant/office structure will be constructed
on pilings in submerged lands.within lower Newport Bay.
Site: 2801 West Coast Highway
NEWPORT BEACH, Orange County
Issued on behalf of the California Coa
gir 0
U�NUSS AND MM'flL
10 1 - Hi T iH E S �"- GNTID
WELN' R-El"URNED TO
PER01111T Is V11 0 T V A L i
A COUPi OF IVIXE
14 C K 'All 0 Til I - I D G F P'41 E" N F" A �3
THE CUMNSSW-N 0FFif%"E-
Gary Gleason, Staff Analyst
ACKNOWLEDGEMENT
Executive Director
and
The undersiqned permittee acknowledges
receipt of this perm�t and agrees to abide
by all terms and conditions thereof.
' Z.O"q
Date Signature of Permittee
5/81
Coastal Development Permit No. 5-83-485
Page 2 of 2
STANDARD CONDITIONS:
i. Notice of Receipt and Acknowledgement. The permit is not valid and construction shall not commence until a copy of
Ue permit, sIgned DY We Permittee or authorized agent, acknowledging receipt of the permit and acceptance of the
terlas and conditions. is returned to the Commission office.
2. Expiration. If construction has not commenced, the permit will expiretwo years from the date on which the Coninission
od of
voted—F-The application. Construction shall be pursued in a diligent manner and completed in a reasonable peri
tin. Application for extension of the permit must be made prior to the expiration date.
3. Compliance. All construction must occur in strict compliance with the proposal as set forth in the application for
permit, subject rto any special conditions set forth below. Any deviation from the approved plans must be reviewed and
approved by the staff and my require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director
Tr the commission.
5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction.
suVi—ect to 24-hour advance notice.
6. AssiRnment. The permit way be assigned to any qualified person, provided assignee files with the Commission an
a7fadavit accepting all terms and conditions of the permit.
7. Terms and Conditions Run with the Land. These term arW conditions shall be perpetual, and it is the intention of the
Commission and the permittee to Eind all future owners and possessors of the subject property to the terms and
conditions.
SPECIAL CONDITIONS:
1. Mitigation. For every square foot of water area covered, 4 sq. ft.
of wetland restoration whall be provided as mitigation. The mitigation
plan, specifying the extent, location, and method of restoration to
be carried out in the Upper Newport Bay Ecological Preserve, shall be
developed in consultation with the California Department of Fish
and Game, and shall be submitted to the Executive Director for review
and approval prior to issuance of the permit. The applicant�spart in
the mitigation plan shall be implemented within six months of comple-
tion of the project or within one year of issuance of the permit.
2. Piling Construction. The surface of the pilings shall be textured
to create an irregular substrate to enhance the attachment of marine
organisms. Such design shall be developed in consultation with the
California Department of Fish and Game, and shall be submitted to
the Executive Director for review and approval prior to construction
of the restaurant.
Appi I IcationNo. 83 -138 -RA 138
Name of Applicant Gordon S. Barienbrock
Ef f ective Date
Expiration Date (If applicable)
November 9, 1983
November 9, 1986
DEPARTMENT OF THE ARMY
PERMIT
Referring to written request dated JUlV 15, 1983 for a permit to:
Cx) Perform work in or affecting navigable waters of the United States, upon the recommendation of the Chief of Engineers,
pursuant to Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S. C. 403);
( ) Discharge dredged or fill material into waters of the United States upon the issuance of a permit from the Secretary of the
Army acting through the Chief of Engineers pursuant to Section 404 of the Clean Water Act (33 U.S. C. 1344);
( ) Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the
Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and
Sanctuaries Act of 1972 (86 Stat. 1052; P. L. 92-532);
Gordon S. Barienbrock
3000 West Ocean Front
Newport Beach, California 92663
is hereby authorized by the Secretary of the Army:
to (a) construct a cantilevered restaurant, supported by -approximately 45 new
precast concrete piles (b) remove existing boat docks and piling (c) clamshell
dredge about 100 cubic yards of material (with upland disposal), and (d)
construct a 3 -boat slip marina, with new precast concrete piles, and a ramp///
in Newport Bay, Pacific Ocean///
at 2801 West Coast Hwy., city of Newport Beach, county of Orange, State of
Calif ornia///
in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit (on draw-
ings, give file number or other definite identification marks.)
"83 -138 -RA"
Sheets 1 through 4
Date: Nov. 10, 1981
subject to the following conditions:
1. General Conditions:
a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; and
that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of
this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more
specifically in General Conditions j or k hereto, and in the institution of such legal proceedings as the United States Govern-
ment may consider appropriate, whether or not this permit has been previously modified, suspended or revoked in whole or in
part.
ENG FORM 1721, Sep 82 EDITION OF I JUL 77 IS OBSOLETE (ER 1145-2-303)
I
That all activities authorized herein shall, if they involve, during their construction or operation, any discharge of
,nts into waters of the United States or ocean waters, be at all times consistent with applicable water quality standards,
t limitations and standards of performance, prohibitions, pretreatment standards and management practices establish-
guant to the Clean Water Act (33 U. S. C. 1344), the M arine Protection, Research and Sanctuaries Act of 1972 (P, L. 92-632,
1 1052), or pursuant to applicable State and local law.
That when the activity authorized herein involves a discharge during its construction or operation, or any pollutant
ng dredged or fill material), into waters of the United States, the authorized activity shall, if applicable water quality stan-
are revised or modified during the term of this permit, be modified, if necessary, to conform with such revised or modified
quality standards within 6 months of the effective date of any revision or modification of water quality standards, or as
�d by an implementation plan contained in such revised or modified standards, or within such longer period of time as the
A Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determi I no to
3onable under the circumstances.
That the discharge will not destroy a threatened or endangered species as identified under the Endangered Species Act,
anger the critical habitat of such species.
That.the permittee agrees to make every reasonable effort to prosecute the construction. or operation of the work
rized herein in a manner so as to minimize any adverse impact on fish, wildlife, and natural environmental values.
That the permittee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimize
agradation of water quality.
That the permittee shall allow the District Engineer or his authorized representative(s) or designee(s) to make periodic in -
,ons at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in
dance with the terms and conditions prescribed herein.
That the permittee shall maintain the structure or work authorized herein in good condition and in reasonable ac-
nce with the plans and drawings attached hereto.
That this permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and
t does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or
ations.
That this permit does not obviate the requirement to obtain state or local assent required by law for the activity authoriz-
rein.
. That this permit may be either modified, suspended or revoked in whole or in part pursuant to the policies and pro -
res of 33 CFR 325.7.
That in issuing . this permit, the Government has relied on the information and data which the permittee has provided in
ection with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be
�rially false, materially incomplete or inaccurate, this permit may be modified, suspended or revoked, in whole or in part,
I or the Government may, in addition, institute appropriate legal proceedings.
n. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against
Jnited States.
s
i. That the permittee shall notify the District Engineer at what time the activity authorized herein will be commenced, a
n advance of the time of commencement as the District Engineer may specify, and of any suspension of work, if for a period
�ore than one week, resumption of work and its completion.
o. That if the activity authorized herein is not completed on or before Z Z Z day of 11Z 19///// (threeyears
i the date of issuance of this permit unless otherwise specified) this permit, if not previously revoked or specifically extended,
11 automatically expire.
p. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of
ch may require authorization by the Congress or other agencies of the Federal Government.
q. That if and when the permittee desires to abandon the activity ailthofized herein, unless such abandonment is part of a
asfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition t
eof, he must restore the area to a condition satisfactory to the District Engineer.
r. That if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as
y be necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility
maintaining records of title to and interests in real property.
9. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized
herein.
t. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by
the transferee's written agreement to comply with all terms and conditions of this permit or by the transferree subscribing to
this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addi-
tion, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and
the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or
other appropriate official.
u. That if the permittee during prosecution of the work authorized herein, encounters a previously unidentified ar-
cheological or other cultural resource within the area subject to Department of the Army jurisdiction that might be eligible for
listing in the National Register of Historic Places, he shall immediately notify the district engineer.
It. Special Conditions: (Here list conditions relating specifically to the proposed structure or work authorized by this permit):
a. That the permittee shall notify the Commander (oan) llth Coast Guard District,
Union Bank Building, 400 Oceangate, Long Beach, CA 90822, (213) 590-2222 at least 2
weeks prior to start of the activity and 30 days if buoys are to be placed.
b. That the permittee shall send a drawing of the completed project to the U. S.
Department of Commerce, National Ocean Survey, Marine Chart Division, ATTN:
N/CG222, 6001 Executive Blvd, Rockville, MD 20852, to revise affected nautical
charts.
c. That the permittee shall control floating debris, from construction activities,
so that none enters the navigable portions of the harbor.
d. That prior to starting the activities authorized herein, they shall be
authorized by a permit issued pursuant to the California Coastal Act of 1976, as
amended.
e. That the estuarine habitat value loss due to the building encroachment (4,800
square feet) shall be offset by the construction, on a one for one by area basis, of
new intertidal and subtidal habitat in the Upper Newport Bay Ecological Reserve, in
consultation with the California Department of Fish and Game and as approved by the
District Engineer, Los Angeles District, U.S. Army Corps of Engineers. Said habitat
construction shall be conducted in advance of or concurrently with the building
encroachment.///
3
State of California
The Resources Agency
a rn o r a n d u m
TO Mr. Gary Gleason Date- January 30, 1984
California coastal Commission
South Coast District
245 W. Braodway, Suite 380
Long Beach, CA 90802
PUblic Notice
LEM
US Army Corps of Application
of Engineers
Los Angeles District
P.O. Box 2711 f or Permit
Los Angeles, CA 90053 Public Notice/Application No. 83 -138 -RA
SPLCO-R Date AUG 11 1983Comment Deadline: AUG 2 C 1983
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).
Applicangs) - Gordon S. Barienbrock RKM-H I I
300 West Ocean Front
Newport Beach, California 92663 (Phone: (714) 673-8511)
Location - Newport Bay, Pacif ic Ocean at 2801 West Coast Hwy. , city of Newport Beach,
county of Orange,,State of California
.Act
cons'?r"hFuTocsaeril i levered restauran'
t on piles, modify an existing.marina, and
clamshell dredge about 100 cu. ydso
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 -138 -RA.
which will become a part of the record -and will be con- P.O. Box 2711 (Public Notice No.)
sIdered In the decision. Comments should be malled.to: Lo's 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 Quality: XCertification that the proposed work will not violate applicable State water quality
standards has been -requested from location state El None Required
Coastal Zone Management: X The State of California is. reviewing this work for consistency with Its
approved Coastal Zone � M anagernent Program. 0 None Required
Cultural Resources - The latest version of the National Register of, Historic Places has been consulted and
this site is not, Isted. This review constitutes the extent of cUlt.ural resource investiga . tions by 1he 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 enjdangered, 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:
XStructu'res or work In or affecting;navigable waters of the United States - Section 10, River and Harbor
Act. of 1899 (33 U.S.C. 403).:
f -1 Discharge of dredged or f III material Into watipre 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 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,
C4 wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation,
shoreline erosion, and accretion, recreati . on, water supply and conservation, water quality, energy needs,
U. safety, food production and, In general, the heeds and welfare of the people. In addition, If the proposal
< would discharge dredged or fill material, the evaluation of the activity will Include applI cation of the EPA
-j
Guidelines (40 CFR 230) as required by Section 404 (b) (1) of the Clean Water Act.
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92663-3884
PLANNING DEPARTMENT (714) 640-2218
October 20, 1982
Pacifica Marine
2751 W. Coast Highway
Newport Beach, CA 92663
SUBJECT: Use Permit No. 1598
Dear Sir:
At its meeting of October 19, 1982 the modifications ;Committee -
approved a 3 year extension of the above referenced Use Permit which
permits a floating dry dock at 2751 West Coast Highway.
If you have any questions regarding this matter, please contact the
undersigned at the above number,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
Br
C-ffr-is Gu-stin,
Associate Planner
CG:tn
3300 Newport Boulevard, Newport Beach
ol
.20.
CITY OF NEWPORT BEACH
Marine Department
March 8, 1982 Agenda Item No. F-16
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATION 129-2827 By GORDON BARIENBROCK
TO REVISE THE COMMERCIAL DOCKS AT 282*11 WEST COAST HIGHWAY
EeCORIMFIdation:
litions-
If desiredo approve the application subject to the following cond
1. That the applicant secure the approval of the Army Corps of Engineers,
2. That the concrete and plastic retaining wall be removed, to the
satisfaction of the'Marine Department, prior to the revision.
3. That the applicant exhibit compliance with Sections 17, 18, and 19
of the Harbor Pemit Policies as regards Parking, Safety arid Sanitary
Requirements for a commercial marina prior to and after construction.
Discussion:
This application is before the City Council as required by Sect -I'00 .).C�3
of the Harbor Permit Policies which states:
5.C.3. "Prior approval of the City Council will be required lbefore
issuing a permit for shore connected structures when the abutting
upland property is zoned commercial."
The applicant wishes to rebuild a cofmiercial marina which is in a derleriorate
condition. As part of this rebuilding, the applicant desires to soa�e
minor changes in.the location of the slip fingers�, and ramp approach to
the main head walk. Except for the above, the marina will be rebuilt- sub-
stantially In its existing -configuration. ..
Prior to the construction o f the docks and floats the applicant should
L. ses a'�otentiai
remove a concrete and pl6stic retaining wall whic� pL sjfetv
hazard.
DAVID HARSHBARGER
MARTNE DIRECTOR
Tony Mei Lff�'
Tidelands Administrator
TM: db
CITY OF NEWPORT ISEACH
HARBOR APPLICj--(ION NO.
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CITY OF NEWPORT BEACH
I ov,
Gordon Barienbrock'
3000 West Ocean Front
Newport Beach, CA 92663
Dear Mr. Barienbrock:
When we began the processing of your permit to revise the docks
and rebuild the bulkhead at 2827 West Coast Highway, we neglected
to.collect the required bulkhead fee. The fee is $2.50 a foot for
each lineal foot df -bulkhead. Your property has 118 feet of frontage
and 118 x $2.50 equals $295.00.
In addition to the above, we are ready to issue the dock permit, but
we need copies of your Army Corps of Engineers and California
Coastal Commi,ssion permit. Once we have these copies we will
issue our final permit.
If you have any questions in this regard please call 640-2156.
Very Truly Yours,
Ton�y Mel m
Tidel.an'ds Administrator
TM:Ab
City Hall 3300 TNewport Boulevard, Newport Beach, California 92663
August 19, 1983
File: SD 83-07-25
Mr. Gordon Bar ienbrock
3000 West Oceanfront
Newport Beach, . Ca lif ornia 92663
Dear Ur. llarienbrockz
Subject: Restaurant, office building and marina in Newport
Harbor, City of Newport Beach.
The staff of the State Lands Conviission has received your letter
dated TUly 18,
U 1983 and copies of the permit drawing relative to your
proposed project in Newport Bay.
This is to advise that the tide and submerged lands over which
the propo,sed docks will extend are sovereign lands of the State of
California that the Legislature granted in trust to the City of Newport
Beach. Therefore, you need not apply to the State Lands Coi-imission
for project authorization. You should also apply to all other agencies
having approval authority.
This action does not constitutel 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.
Very truly yours,
'JUDY LUDLOW
Granted Lands Representative
(916) 445-7134
JL.-clw
cc*. California Coastal Coliviission
South Coast District
245 Weant Broadway
Suite 380
Long. Beach, Californ-ia 90802
Robert L* Wynn, City Manager
City of Newport Beach
city Fall
3300 Newport Boulevard
Newport Beach, California 92660
21s5
CjTy OF Nr
.WpoRlr 13EACH
HAR13OR pERMIT
GRANTED TO coNSTRUCT ANC
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Aji-rHOT4,1211,15 13V CITV coUNCIL
WN\N\1�01UINM3
January 21, 1982
Request to consider a Traffic Study for a 22,400 sq.
Item #11
ft. ± combined office building and restaurant facility
in the Recreational Marine Commercial area of the
_�_-e -e;
Mariner's Mile Specific Plan Area.
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city of
. Newport Beach
=n X Ch :3
Request to permit the construction of an office
ROLL CALL
beverages in the Recreational Marine Commercial area of
AND
the Mariner's Mile Specific Plan Area which exceeds the
INDEX
,basic height limit of 26 feet in the 26/35.Foot Height
(Agenda Item Nos. 11, 12 and 13 were
heard next on the
area than .5 times the. buildable area of the site. The
proposal also includes a modification to the Zoning
Agenda).
Code so as to allow the use of compact car spaces for a
Request to consider a Traffic Study for a 22,400 sq.
Item #11
ft. ± combined office building and restaurant facility
in the Recreational Marine Commercial area of the
Mariner's Mile Specific Plan Area.
TRAFFIC
AND
STUDY
Request to permit the construction of an office
building and restaurant with on sale alcoholic
beverages in the Recreational Marine Commercial area of
AND
the Mariner's Mile Specific Plan Area which exceeds the
,basic height limit of 26 feet in the 26/35.Foot Height
Limitation District and contains a greater gross floor
area than .5 times the. buildable area of the site. The
proposal also includes a modification to the Zoning
Code so as to allow the use of compact car spaces for a
Item #12
portion of required off-street parking and to allow
proposed parking spaces to encroach into the required
front setback area, valet service for the restaurant
use, and the acceptance of an off-site parking
-USE
PERMIT
agreement for a portion of the required off-street
NO. 2051
parking. Said application also includes the acceptance
of an environmental document.
LOCATION: A portion of Lot H, Tract 919j located
at 2801 West Coast I Highway, on the
BOTH
southerly side of West Coast 'Highway,
APPROVED
westerly of Riverside Avenue, in the
CONDI-
Mariner's Mile Specific Plan Area.
TIONALLY
ZONE: SP -5
APPLICANT: Gorden S. Barienbrock, Newport Beach
OWNER: Same as applicant
Agenda Item Nos. 11 and 12 were heard concurrently due
to their relationship.
Commissioner Allen and Commissioner Kurlander stated
that they, have reviewed the previous Planning
Commission minutes and staff reports relating to these
items.
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Planning Director Hewicker, referred to- Mr. Stephen
Forde's letter dated January 21, 1982, expressing his
concerns relating to the Barienbrock and Clark use
permit applications. Mr. Bob Burnham, Acting City
Attorney, stated that in reviewing the previously
submitted items f rom Mr. Forde and Mr. ' Clark,
additional consideration of these items should not
involve the Planning Commission. Mr. Burnham stated
that a continuation of these items would be
unwarranted.
In response to a question posed by Commissioner Beek,
Mr. Burnham stated that in his opinion, the current
off-site parking agreements are enforceable and do
create sufficient off-site parking to satisfy the
requirements of the City. He stated that the applicant
will be updating and clarifying the existing agreements
to conform to the conditions that may be imposed by the
Planning Commission and the City Council for the
off-site parking agreement.
The public hearing opened in connection with these
items and Mr. Gorden Barienbrock, the owner and
developer, appeared before the commission. Mr.
Barienbrock referred to his previous comments of the
January 7th Planning Commission meeting and described
to the Commission the proposed marine -oriented project,
He stated that if he were to build a two-story building
across the width of his property, the view corridor
would be lost.
Mr. Barienbrock distributed to the Commission a view
impact sheet which listed surrounding properties and
areas which have a view of the site. He then delivered
a slide presentation to the Commission which depicted
the subject property and surrounding areas which have a
view of the site.
Commissioner Beek asked staff what discretionary powers
the Commission would have on a project of this nature
if it conformed to the 26 foot height limitation.
Planning Director Hewicker stated that the Commission
would have site plan review authority, in addition, a
use permit would be required for the restaurant use.
Mr. Barienbrock clarified that the Code permits the 26
foot height limitation to be measured from grade to the
average height of a pitche6 roof, and that the peak of
said roof.is permitted to be 31 feet above grade.
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Mr. Randy Atherton, representing the Nantucket Lobster
Restaurants, described to the Commission the
-Trap
operational characteristics of the proposed restaurant
use. ile stated that the restaurant will primarily bea
dinner house, with no request for live entertainment.
He stated that no more than 25 percent of the total
revenue is generated from the beverage sales.
Mr. Gil Forrester, resident of 2011 Kings Road,
appeared before the Commission and stated that he is in
support of the proposed project and view corridor.
Mr. Roland Langdrigan, a member of the Board of
Directors for Newport Heights Community Association,
and resident of 535 El Modena Avenue, appeared before
the Commission. He stated that he is in support of the
view corridor which the applicant is proposing. He
also stated that the proposed height of the project
will not have a major impact to the views of the bay.
He used the term "density bonus" for the "giving" of.
the view corridor and the "taking" of the additional
height. He expressed his concern.that if this project
is approved at .8 times the buildable area, it may set
a precedent for future developments in the area. He
also expressed a concern with maintaining the marine -
oriented uses of the project and asked how these uses
will be policed.
Mr. Langdrigan suggested that the following conditions
be applied to the use permit: 1) That the developer
stipulate to a voluntary agreement that there will be
no more square footage built upon the site; and, 2)
That a deed restriction be recorded which. would limit
the space to marine -oriented businesses. He further
suggested that the applicant's design format be
-
utilized in other areas of the Bay.
Mr. Dick Hogan, Planning Consultant for the -applicant,
appeared before , the Commission and stated that they
have attempted to submit a proposal which is acceptable
to the City.
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In response to a question posed by Commissioner
Balalis, Planning Director Hewicker explained to the
Commission the marine -oriented uses andincentive uses
which apply to the Mariner's Mile Specific Plan Area.
Planning Director Hewicker stated that in the past, he
has interpreted the Code to mean that if the project is
approved at over .5 times the buildable area, then that
portion of the project over .5 times the buildable area
has to be utilized with incentive type uses.
Commissioner Beek, stated that he interprets the Code to
mean that if 100 percent of the buildable area is
approved, all of the uses must be marine -related. Mr.
Burnham stated that the language of the Code is.capable
of different interpretations, which gives the
Commission discretion to impose requirements which will
meet the intent and spirit of the specific area plan.
He stated that this allows the Commission to determine
the percentage of the building which should be occupied
by marine -oriented uses for projects over .5 times the
buildable area.,
Mr. Stephen Forde, 6 percent owner of the Pacifica
Marina property, adjacent to the property in question,
appeared before the Commission. Mr. Forde referred to
his letter to the Commission dated January 21, 1982,
and discussed the stipulation which he stated relates
to the applicant's project.
Mr. Barienbrock stated that the litigation that Mr.
Forde is referring to, does not involve the property in
question. He stated that he has a parking agreement
with Pacifica Marina which is binding.
Commissioner Allen asked the Mr. Burnh am what type of
condition can be imposed which will implement a
development guarantee of marine -oriented uses. . Mr.
Burnham suggested that a condition could be imposed
which would specify the percentage of the structure
which is to be occupied by marine -oriented uses as
defined by the provisions of the Code.
Mr. Burnham further suggested that an additional
condition be made, that if that particular percentage
of marine -oriented uses are not maintained, due to a
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change in occupancy from marine -oriented to some other
proposed uses, that the property not used by
marine -oriented uses is to remain vacant and unused
until a suitable tenant which fits the marine -
oriented criteria. is found. That the applicant or
permittee consents to maintain that space asunoccupied
and understands that the vacancy may result in economic
hardship. That the applicant or permittee by accepting
the use permit approval, consents to the specific
enforcement of all conditions imposed by the Commission
and specifically the conditions relating to the
required occupancy of a percentaqe.of the structure by
marine -oriented uses and that the applicant or
permittee waives any rights to defend any leqal action
brought by the City to specifically enforce those
conditions of occupancy. That the owner of the
property is required to notify the Planning Department
of the City of Newport Beach upon any change in tenancy
which would affect the marine -oriented uses and shall
provide copies of all documents requested by the
Planning Department or the City in conjunction with
that change in tenancy. All of these conditions and
requirements shall be set forth in a document suitable
for recording, approved in form and content by the City
Attorney's Office, and recorded in the.County records.
Mr. Burnham stated that two additional findings must be
made relating to the preparation of the Initial Stud y
and Negative Declaration.
Commissioner Allen suggested that a condition be
imposed that no additional development will be built on
the site, in consideration of granting the use permit
to exceed the height. Mr. Burnham suggested that this
additional restriction be recorded in the form of a
Covenant.
In response to a question posed by Vice-Chai,rman King,
Mr. Burnham stated that the requirement. of the
applicant to notify the City in the event of change of
tenancy, enab-les the City to monitor the marine related
uses.
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ROLL CALL
Motion
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January 21, 1982
t Beach
commissioner Balalis suggested that marine -oriented
uses be required for that portion of the building over
.5 times the buildable area. Commissioner Allen
concurred and stated that the density bonus that is
being granted is only a density bonus if it is kept
marine related, otherwise it is to be kept vacant.
Planning Director Hewicker stated that with the
exception of the restaurant facility, the entire
building will have to be utilized with marine related
uses.
Commissioner Allen clarified that the portion over .5
times the buildable area would be required to be
limited to the uses in Section 20.62.070, D. Mr.
Burnham suggested the following finding, that approval
of the floor area in excess of .5 times the buildable
is warranted because of the permanent restriction on
building size and the agreement of the applicant to
ensure that marine -oriented uses occupy the excess
floor area, or will remain vacant if not so occupied.
Commissioner Beek sugges ted an additional condition,
that the valet service shall not park vehicles anywhere
but in marked. spaces which are either wholly or
partially on the subject property. Mr. Barienbrock
stated that this would be agreeable.
Motion was made to approve Use Permit No. 2051 and the
.Off -Site Parking Agreement, subject to the findings and
conditions of Exhibit "A" and, to include additional
findings relating to the preparation of the Initial
Study and Negative Declaration; additional conditions
relating to the development guarantee of marine -
oriented uses; a Covenant be recorded that no
additional development will be built on the site, in
consideration of granting the use permit to exceed the
height; additional finding and condition relating to
the uses of the excess floor area; condition that the
valet service shall not park vehicles anywhere but in
marked spaces which are either wholly or partially on
the subject property.; and, Condition No. 50 to be
revised as suggested by staff in the January 21, 1982
staff report.
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Amendment
Ayes
Noes
Absent
All Ayes
X X X
X X X X
X I' �
Commissioner Beek expressed his concern with the
overall building size of - the proposed project. He
stated that .81 times the buildable is too large for
the view corridor that is being provided. He stated
that .68 times the buildable area would be more in
conformance with the standards of the area.
Amendment to the motion was made that the third floor
shall. have a width of not more than 40 feet and a gross
floor area of not more than 3,700 square feet, which
AMENDMENT FAILED.
Commissioner Allen's motion for approval of Use Permit
NO. 2051 and the Off -Site Parking Agreement was now
voted on as follows, which MOTION CARRIED:
FINDINGS
1. That the proposed development is consistent with
the General Plan and the Draft Local Coastal Plan
and is compatible with surrounding land uses.
2. The proposed development will not have any
significant environmental impact, providing that
parking demands are met.
3. The Police Department has indicated that they do
not contemplate any problems.
4. The off-site parking area is located so as to be.
useful to the proposed restaurant use.
5. Parking on such lot will not create undue traffic
hazards in the surrounding area.
6. That the applicant has entered into appropriate
leases for the off-site parking spaces, which are
of sufficient duration for the proposed
development.
7. The increased building height will result in
increased public visual open space and views than
would result from compliance with the basic height
limit.
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ROLL CAUL
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8. The increased building height will result in a
more desirable architectural treatment of the
building and a stronger and more appealing
visual character of the area within the general
theme of a marine environment.
9. The increased building height will not result in
undesirable or abrupt scale relationships being
created between the structure and existing
development or public spaces.
10. The increase in height in no case results in a
floor area exceeding the floor area permitted by
Section 20.62.030.
11. The proposed number of compact car spaces
constitutes 17 percent of the office parking and
14 percent of the restaurant parking which is
within limits generally accepted by the Planning
Co ' mmission relative to previous similar
applications.
12. The proposed encroachment of parking spaces within
the required front setback area will not adversely
effect the character of the project inasmuch as a
significantly greater amount of landscaping will.
be provided along West Coast highway than required
by Code.
13. The proposed use of compact car spaces and the
encroachment of parking spaces into the required
front setback area will. not, under the
circumstances of this particular case, be
detrimental to the health, safety, peace,
comfort, and general welfare of persons
residing or working in the neighborhood of such
proposed use or be detrimental or injurious to
property and improvements in the neighborhood
or the general welfare of the City and further
that the proposed modifications are consistent
with the legislative intent of Title 20 of this
Code.
14. The approval of Use Permit No. 2051 will not,
under the circumstances of this case be
detrimental to the health, safety, peace,
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morals, comfort and general welfare of persons
residing and working in the neighborhood or be
detrimental or injurious to property and
improvements in the neighborhood or the general
welfare of the City.
15. That an Initial Study and Negative Declaration
have been prepared in compliance . with the
California Environmental Quality Act, and that
their contents have been considered in the
decisions of this project.
16. That based on the information contained in the
Negative Declaration, the project incorporates
sufficient mitigation measures (Condition- No. 1
through 51) and that those mitigation measures
reduce potentially significant impacts to a level
of insignificance.
17. That approval of the floor area in.excess of .5
times the buildable area is warranted because of
the permanent restrictions on building size and
the agreement of the applicant to ensure that
marine -oriented uses occupy the excess floor area,
or will remain vacant if not so occupied.
CONDITIONS
1. That development shall be in substantial
conformance with the Approved plot plan and floor
plan, except as noted below.
2. That an off-site parking agreement shall be
approved by the Citv Council, guaranteeing that a
minimum number of parking spaces shall be provided
for the duration -of the office and restaurant
uses:
9 parkinq ,;Iiiices ent--irely on tlie property and
7 parkinq spaces partially on the property,
located at 2751 West Coast Highway (the
easterly 100 feet of the westerly 250 feet of
Lot H, Tract 919) for daytime use only -
25 parking spaces at the rear of 2700 West
Coast Highway located on Parcel 2 of Parcel
Map 73-23, for nighttime use only.
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3. That valet parking service be provided at all
times during the restaurant's hours of
operation.
4. That all mechanical equipment and trash areas
shall be screened from West Coast Highway or
adjoining properties.
5. That kitchen exhaust fans shall he designed to
control odors and smoke in accordance with
Rule 50 of the Air Pollution Control District.
6. That a washout area for the restaurant trash
containers be provided in such a way as to
allow direct drainage into tho sewor system and
not into the Bay or the storm drains.
7. 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.
8. That a minimum of one parking space/250 sq.ft..
of net floor area shall be provided for the
office use and a minimum of one parking
space/40 qq.ft. of net public area shall be
provided for the restaurant use.
9. That the restaurant facil ity shall not be open
for business prior to 5:00 p.m. on any day.
10. That all restaurant employees shall park their
vehicles on the Mariner's Mile off-site
parking lot.
11. That all proposed signs shall be in
conformance with the provision of Chapter
20.06 of the Newport Beach Municipal Code and
shall be approved by the City Traffic Engineer
if located adjacent to the vehicular ingress
and egress.
12. That all improvements be constructed as
required by Ordinance and the Public Works
Department.
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13. That the on-site vehicular and pedestrian
circulation systems be subject to further
review by the Public Works Department.
14. That a 6 foot wide easement be dedicated to
the City for unobstructed public access across
the bayside of the parcel and that the walkway
be improved with the design to be approved by;
the Public Works Department.
15. That a 6 foot wide easement be dedicated to
the City for access to the bayside public
walkway from West Coast Highway and that the
location of the easement be approved by the
Public Works Department.
16. That a condition survey of any existing
concrete bulkhead that is to remain along the
bayside of the property be made by a civil or
structural engineer, and that the bulkhead be
repaired in conformance with the recommendation
of the condition survey and to the satisfaction
of the Building Department and the Marine
Department.
17. That the landscape plans for plantings
adjacent to the public right-of-way be
reviewed and approved by the Public Works
Department.
1.8. The southbound leg of Riverside Avenue at the
intersection of Riverside Avenue and West
Coast Highway shall. be restriped to provide
the following facilities:
a. A right -turn -only lane to accommodate
traffic turning westbound onto West
Coast Highway;
b. A right -turn and through lane for
westbound and southbound traffic;
c. A left -turn -only lane to accommodate
traffic turning eastbound onto West-
Coast Highway; and,
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d. Additional painted symbols on southbound
Riverside Avenue north of the intersection
to adequately implement the mitigation at
the intersection.
19. A dust control plan shall be prepared for the
project, and be submitted and subject to the
approval of the Building Department. Such a plan
may be prepared and submitted in conjunction with
the erosion control plan recommended in Section
111, 5.0 Water Quality.
20. The demolition, gradingand building permits to be
issued for the proposed project shall include
provisions for limiting such activities to hours
considered acceptable for.the project area.
21. The following disclosure statement of the City of
Newport Beach's policy regarding the John Wayne
Airport should be included in any Covenants,
Conditions, and Restrictions which may be recorded
against the property.
� Disclosure Statement
The Lessee herein, his heirs, successors and assigns
acknowledge that:
(a) The John Wayne Airport may not be able to
provide adequate air service for business
establishments which rely on such services;
(b) When an alternate air facility is available,
a complete phase out of jet service may occur
at the John Wayne Airport.
(C) The City of Newport Beach may continue to
oppose additional commercial air service
expansions at the John Wayne Airport;
(d) Lessee, his heirs, successors and assigns will
not actively oppose any action taken by the
City of.Newport Beach to phase out or limit jet
air service at the John Wayne Airport.
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22. The existing gates which control the vehicul I ar
entrance/exit to the parking lot on the project
site shall be removed to better facilitate a . ccess
to and from the proposed parking lot.
23. Prior to demolition of existing facilities and
construction of the new facilities, a complete plan
for litter and debris control shall be approved by
the Planning and Marine Departments to 'ensure th . at
no debris is permitted to enter Newport Harbor.
24. The grading permit shall include a description of
haul routes, access points to the site, and a
watering and sweeping program designed to minimize
impacts of haul operations.
25. The grading plan, if required, shall include a
complete plan for temporary and permanent drainage
facilities to minimize the potential water quality
impacts from silt, debris and other water
pollutants.
26. All on-site drainage shall be approved by the City
Public Works Department.
27. An erosion and siltation control plan shall be
prepared and submitted to the Building Department,
and shall be approved by the City Grading Engineer.
28. The erosion and siltation control plan -shall be
forwarded to the California Regional Water Quality
Control Board - Santa Ana Region ten days prior to -
any construction activities.
29. 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 approved plan.
30. The landscape plan shall be subject to the review
of the Parks, Beaches and Recreation Department,
and the approval of the Planning Department.
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31. The landscape plan shall include a maintenance
program which controls the use of fertilizers and
pesticides.
32. The landscape plan shall place heavy emphasis on
the use of drought -resistant native vegetation, and
be irrigated with a system designed to avoid
surface runoff and overwatering.
33. Construction of the proposed bulkhead shall be
placed outside the tidal area (i.e., above the mean
high tide line).
34. Construction of all waterfront improvements shall
be subject to issuance of a Harbor Permit and
approval -in -concept by the City Council and subject
to issuance of all other applicable discretionary
permits from other agencies -
35. Prior to issuance of the building permit, the
applicant shall consider and discuss with
appropriate representatives of the City of
Newport Beach possible participation in a
compensation program for the loss of
intertidal area, provided that the City and the
various agencies involved in regula tion - of
Newport Bay have established such a program.
36. Upon completion of construction, the project
applicant shall provide for weekly vacuum sweeping
of all paved parking areas and drives. A weekly
cleanup program around the docks and public walks
shall be conducted on a regular basis.
37. The project shall be designed to comply with Title
24, Paragraph G, Division T-20, Chapter 2,
Suhchapter 4 of the California Administrative Code
(Insulation Standards).
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38. Final design of the project shall provide for the
incorporation of water -saving devices for project
lavatories and other water-usinq facilities.
39. Final design of the project shall provide for the
sorting and collection of recyclable material from
other solid waste. Prior to occupancy of the
building, the program for sorting recyclable
material shall he developed and approved by the
Planning Department.
40. Final design of the project shall provide for
adequate security lighting in public areas of the
project site.
41. The required City review of the project landscape
plan shall address the issue of retention of
existing mature trees on-site to determine if such
retention is desirable for the visual character of
the project area.
42. The project shall be so designed to eliminate light
and glare spillage on adjacent uses. Any parking
lot lighting shall be subject to the approval of
the Planning Department.
43. That all commercial area in excess of .5 times the
buildable area of the. site (i.e., 8,682± sq.ft.)
shall be limited to marine -oriented uses as
required by the Mariner's Mile Specific Area Plan
in Section 20.62.070, D.
44. That if the particular percentage of marine -
oriented uses are not maintained, due to a change
in occupancy from marine -oriented to some other
proposed uses, that the property not used by the
marine -oriented uses is to remain vacant and
unused until a suitable ten ant which fits the
marine -oriented criteria is found. That the
applicant or permittee consents to maintain that
space as unoccupied and understands that the
vacancy may result iii ecotiomic hardship.
-35-
k_U/V\N\ONUINtK_')
ROLL CALI
MI
January 21, 1982
of Newr)ort Beach
45. That the applicant or permittee by accepting the
use permit approval-, consents to the specific
enforcement of all conditions imposed by the
Commission and specifically the conditions
relating to the required occupancy of a percentage
of the structure by marine -oriented uses and that
the applicant or permittee waives any rights to
defend any legal action brought by the City to
specifically enforce those conditions of
occupancy.
46. That the owner of the property is required to
notify the Planning Department of the City of
Newport Beach upon any change in tenancy which
would affect the marine -oriented uses and shall
provide copies of all documents requested by the
Planning Department or the City in conjunction
with that change in tenancy.
47. That the applicant record a Covenant, the form and
content of which is acceptable to the City
Attorney, binding the applicant and its successors
in interest in perpetuity, to a limitation of .81
times the buildable area on the subject property,
in consideration of granting the use permit to
exceed the height.
48. That the non-standard concrete sidewalk and curb
along the West Coast Highway frontage be
reco nstructed and any unused drive aprons be
removed and replaced with curb, gutter and
sidewalk. That all public improvements be
completed under an encroachment permit issued by
the California Department of Transportation.
49. That the existing telephone lines along the West
Coast Highway Frontage be underqrounded.
50. That, no commercial, marina operated, boat docking
facilities shall be permitted bayward of the site
unless the applicant shall obtain the required
Harbor permits and provides the necessary upland
support facilities, i.e., restroom facilities for
the boat slip users and .75 parking spaces for
each marina boat slip and .75 parking spaces for
each 25 feet of available. mooring space not
classified as a slip.
-36-
IVIIINU I L.�
K
0
G
(0 CD
ROLL CALI
MI
January 21, 1982
of Newr)ort Beach
45. That the applicant or permittee by accepting the
use permit approval-, consents to the specific
enforcement of all conditions imposed by the
Commission and specifically the conditions
relating to the required occupancy of a percentage
of the structure by marine -oriented uses and that
the applicant or permittee waives any rights to
defend any legal action brought by the City to
specifically enforce those conditions of
occupancy.
46. That the owner of the property is required to
notify the Planning Department of the City of
Newport Beach upon any change in tenancy which
would affect the marine -oriented uses and shall
provide copies of all documents requested by the
Planning Department or the City in conjunction
with that change in tenancy.
47. That the applicant record a Covenant, the form and
content of which is acceptable to the City
Attorney, binding the applicant and its successors
in interest in perpetuity, to a limitation of .81
times the buildable area on the subject property,
in consideration of granting the use permit to
exceed the height.
48. That the non-standard concrete sidewalk and curb
along the West Coast Highway frontage be
reco nstructed and any unused drive aprons be
removed and replaced with curb, gutter and
sidewalk. That all public improvements be
completed under an encroachment permit issued by
the California Department of Transportation.
49. That the existing telephone lines along the West
Coast Highway Frontage be underqrounded.
50. That, no commercial, marina operated, boat docking
facilities shall be permitted bayward of the site
unless the applicant shall obtain the required
Harbor permits and provides the necessary upland
support facilities, i.e., restroom facilities for
the boat slip users and .75 parking spaces for
each marina boat slip and .75 parking spaces for
each 25 feet of available. mooring space not
classified as a slip.
-36-
IVIIINU I L.�
C0/\/\/\(\b�)1UNtK_`) iVIIINU I LJ
January 21, 1982
M
> PIP — .2.7s,
=City of Newport Beach
3 5, Cox ch
ROLL CALL INDEX
Request to establish a restaurant facility with on -sale
Item #13
alcoholic beverages and live entertainment in a portion
of the Pacifica marina Building of Mariner's Mile, and
the acceptance of an off-site parking agreement for a
portion of the required parking spaces. The proposal
also includes a modification to the Zoning Code so as
to allow the use of compact car spaces for a portion of
USE PERMIT
the required parking. valet parking is also proposed
NO. 2003
in conjunction with the proposed development.
(Revised)
LOCATION: A portion of Lot H, Tract 919, located
at 2751 West Coast Highway on the
southerly side of West Coast Highwayat
the southerly terminus of Riverside
Avenue, in the Mariner's Mile Specific
Plan Area.
APPROVED
CONDI-
ZONE: SP -5
TIONALLY
APPLICANT: William J. Clark, Newport Beach
OWNER: Same.as applicant
Commissioner Allen and Commissioner Kurlander stated
that they have reviewed the previous Planning
Commission minutes and staff reports relating to this.
item.
The public hearing opened in connection with this item
and Mr. William Clark, the applicant, appearedbefore
the Commission. Mr. Clark stated that the daytime and
nighttime parking requirements will be satisfied..
Mr. Clark referred to Condition of Approval No. 17 and
asked why the 10 foot wide easement must be dedicated
for a remodel request. He stated that he can
understand why a new development must dedicate such an
easement. Vice -Chairman King stated that the
cooperation of all of the land owners is needed in
order to gain an easement around the interior of the.
bay.
C0A/\/VT)NUNLK_�) IVIIINU 1 EJ
January 21, 1982
C:
co
:3 fnc ai a >
(D
City of Newport Beach
ROLL CALL INDEX
Motion
Al I Ayes
X X X X
51. That the valet service shall not park vehicles
anywhere but in marked spaces which are either
wholly or partially on the subject property.
Motion was made to approve the Traffic Study i n
conjunction with Use Permit No. 2051, subject to the
following findings and conditions, which MOTION
CARRIED:
TRAFFIC STUDY
FINDINGS:
1. That a Traffic Study has been prepared which
analyzes the impact of the proposed project on the
peak hour traffic and circulation system -in
accordance with Chapter 15.40 of the Newport Beach
Municipal Code and City Policy S-1.
2. That the Traffic Study indicates that the project -
generated traffic will neither cause nor make
worse an unsatisfactory level of traffic on any
'major', 'primary -modified', or 'primary' street.
CONDITION:
1. That prior to the occupancy of the proposed project
the "Circulation System Improvement described in
the Initial Study - "Martha's Vineyard -
Restaurant/office Complex" dated December 1981, on
page 8 and figure 4 of Appendix E shall have been
completed (unless subsequent project approvals
require modification thereto). The improvements
shall be subject to the. approval of the City
Traffic Engineer.
-37-
(_UIV\/V\bNUNtK_')
M
cr "1 -3 x >
c ::r 1:1 . CD =
January 21, 1982
r -%f An% A/ ryf Rpnck
Will NU I L-)
=1 ID ID
L Y
X 3 1
ROLL CALL I I I I I INDEX
Mr. Bob Burnham, Acting City Attorney., state d that the
applicant can be assured that if there are plans to
remodel or encroach into the public access area,.that
arrangements can be made for the construction of
another access area bayward of the new development, or
some other arrangement to ensure public access.
Commissioner Beek stated that he can understand Mr.
Clark's concern with the easement. Mr. Burnham
explained why a condition for relocation of the
easement upon future development should not be imposed.
Commissioner Balalis asked if an irrevocable offer to
dedicate the easement would solve the problem. Mr.
Burnham stated that that an irrevocable offer does not
allow for the public access rights currently.
Mr. James Carter, majority owner of the property,
suggested ' that until the 10 foot easement at the
bulkhead line is used, temporarily the applicant could
give an existing easement across the rear of the
building. He stated that this will give the City what
it needs and will still give the applicant the maximum
amount of rights at a later date.
Mr. Burnham stated that once the public access easement
is granted, it will require City Council action to
change or vacate it. He stated that the suggestion by
Mr. Carter will only create two separate problems, both
of which would require City Council action.
Vice -Chairman King suggested that the following be
added to Condition No. 17, "That the granting of which
does not preempt the r ight of the property owner to
come back at a future time with a design change."
commissioner Beek suggested that the following be
included in the minutes: "That the Planning Commission
intends that if the property owner should come back and
redevelop the property further out into the bay, that
the City would abandon this easement and accept another
one along the new bulkhead." Vice -Chairman King stated
that this is the intent of Condition of Approval No.
17.
-39-
ROLL CALL
Mot -ion
Al I Ayes
January 21, 1982
C
:1 C:
W >
(D =
(D
C)' F3 ,
- X, rA,:3 City of Newport Beach
,1�1.1XX1X1X
Motion was made to approve Use Permit No. 2003
.(Revised) and the Off -Site Parking Agreement, subject
to the findings and conditions of Exhibit "A" and,
revise Condition No. .13 to replace the words "remain in
order" with "remain in operation"; Condi - tion No. 3 be
amended to add, "and that the valet service shall not
park vehicles anywhere but on the subject property";
Condition No. 11 be modified by adding "that a sign
informing employees of this requirement and the
location of the off-site parking shall be kept posted.
on the employees bulletin board"; Condition No. 17 be
revised to reflect that the granting of which does not
preempt the right of the property owner to come back at
a future time with a design change; and, Condition No.
21 to be revised as suggested by staff in the January
21, 1982 staff report, which MOTION CARRIED, as
follows:
FINDINGS
1. That the proposed development i -s consistent with
the General Plan and the Draft Local Coastal Plan
and is compatible with surrounding land uses.
2. The proposed restaurant will not have any
significant environmental impact, providinq that
parking demands are met.
3. The Police Department has indicated that they do
not contemplate any problems.
4. The off-site parking area is located so as to be
useful to the proposed restaurant use.
5. Parking on such lot will not create undue traffic
hazards in the surrounding area.
6. That the applicant has entered into appropriate
leases for the off-site parking spaces, which are
of sufficient duration for the proposed restaurant
use.
-40-
MINUI,L_�)
INDEX
COMANSSIONERS January 21, 1.982 IVIIINU I r.3
cr (0 7\ >
City of Newport Beach
ID ID
X
ROLL CALL INDEX
7. The proposed use of compact car spaces will.not,
under the circumstances of this particular case, be
detrimental to the health, safety, peace, comfort,
and general welfare of persons residing or working
in the neighborhood of such proposed use or be
detrimental or injurious to property and.
improvements in the neighborhood or the.general
welfare,of the City and further that the proposed
modification is consistent with the legislative
intent of Title 20 of this Code.
8. The approval of Use Permit No. 2003 (Revised) will
not, under the circumstances of this case be
detrimental to the health, safety, peace, morals,
comfort and general welfare of persons residing and
Working in the neighborhood or be detrimental or
injurious to property and improvements in the
neighborhood or the general welfare of the City.
CONDITIONS
1. That development shall be in substantial
conformance with the approved plot plan and floor
plan, except as noted below.
2. Than an off-site parking agreement shall be
approved by the City Council, guaranteeing that a
minimum of 20 parking spaces shall be provided to
the rear of 2700 West Coast Highway, on property
located on Parcel 2, Parcel Map 73-23 for the
duration of the subject restaurant use.
3. That, valet, parking service bo provided at all
times. during the restaurant's hours of operation
and that the valet service shall not park vehicles
anywhere but on the subject property.
4. That all mechanical equipment and trash areas
shall be screened from. West Coast Highway or
adjoining properties.
5. That kitchen exhaust fans shall be designed to
control odors and smoke in accordance with Rule 50
of the Air Pollution Control District.
-41-
Em
V-%-J/V V N1.3ill-A NLF\.3
>
C: =T CL CD =
CD (D
X Fh' :3 GtV Of
ROLL CALL
January 21, 1982 MINUTES
t Beach
6. That a washout area for the restaurant trash
containers be provided in such a way as to allow
direct drainage into the sewer system and not into
the Bay or the storm drains.
7. 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.
8. That noise from live entertainment shall be
confined to the interior of the facility.
9. That all proposed signs shall be in conformance
with the provision of Chapter 20.06 of the Newport
Beach Municipal Code and shall be approved by the
City Traffic Engineer if located adjacent to the
vehicular ingress and egress.
10. That the on-site circulation and parking system be
approved by the City Traffic Engineer.
11. That all restaurant employees shall park their
vehicles in the approved off-site parking
location and that a sigh informing employees of.
this requirement and the location of the off-site
parking shall be kept posted on the employee
bulletin board.
12. That the existing card key gate and spikes be
removed from the subject property.
13. That the existing floating dry dock shall remain
in operation to provide the required incentive use
in conformance with the Draft Local Coastal Plan.
14. That a minimum of one parkinq sPace/250 sq.ft. of
net floor area shall be provide(i for the offi(:e
use and a minimum of one parking space/40 sq.ft.
of net public area shall be provided for the
restaurant use.
-42-
INDEX
(_U/\1\NT)NUNLK_') January 21, 1982
co
:3 C:
>
City of Newport Beach
ROLL CALL INDEX
15. That the restaurant facility shall not be open for
-business prior to 5:00 p.m. on any day.
16. That all improvements be constructed ..as required
by Ordinance and the Public Works Department.
17.. -That a 10 foot wide easement be dedicated to the
City for unobstructed public access across the bay
side of the parcel and that the granting of ' which
does not preempt the right of the property owner
to come back at a future time with a design
change for said easement.
18. That the existing telephone lines along the West
Coast Highway Frontage be undergrounded.
19. That any proposed landscaping adjacent to the
public riqht-of-way be approved by the Public
Works Department.
20. That a 6 foot wide by 28 foot long concrete
sidewalk widening be provided between the exit
drive and the easterly property line.
21. That no commercial, marina operated, boat docking
facilities shall be permitted bayward of the site
unless the, applicant, shall obtain the required
Harbor permits and provides the necessary' upland
support facilities i.e., restroom facilities for
the boat slip users and .75 parking spaces for
each marina boat slip and .75 parking spaces for
each 25 feet of available mooring space not
classified as a slip.
-43-
M11NU I U)
January 21, 1982
co
>
(D
-x Fan, 5 City of Newport Beach
=RO:L :LC:A 4LL INDEX
Request to permit 'the construction of a three -.story.,
combined commercial residential. building on anexisting
developed site located in the retail -service commercial
area of the Mariner's Mile Specific Plan Area. , The
proposal also includes a request to exceed the basic
.height. limit in the 26/35 Foot Height Limitation
District and to allow a total floor area which exceeds
.5 times the buildable area of the site. The proposal
also includes a request to pay an annual in -lieu fee to
the City for a portion of the required off-street
parking spaces, a modification to the Zoning Code so as
to allow the use of compact car spaces, and the
acceptance of an environmental document.
LOCATION: A portion of Lot A, Tract No. 919,
located at 2400 West Coast Highway,, on
the northerly side of West Coast
Highway, approximately 350 feet easterly
of Tustin Avenue, in Mariner's Mile.
ZONE: SP -5
APPLICANT: Susan Cuse, Santa Ana
OWNI-:I�: Sam(, as applicant
Commissioner Allen and Commissioner Kurlander stated
that they have reviewed the previous Planning
Commission minutes and staff reports . relating to these
items.
Planning Director Hewicker presented background
information on this request. He referred to the
additional information staff report prepared on this
item and discussed the estimated number of on-site
parking spaces in Mariner's Mile. He stated that there
is an existing parking deficiency problem in the area.
Mr. Don Webb, City Engineer, explained to the
Commission, the current status of the proposed
Municipal parking lot. Mr. Bob Burnham, Acting City
Attorney, stated that the City has not acquired, as
yet, all of the properties necessary for the
construction of the proposed Municipal parking lot.
-44-
Item #4
USE PERMIT
0. 2049
APPROVED
.CONDI-
TIONALLY
7
4eW
DATE TIME
FOR -/l L4
I
WHILE YOU WERE OUT
1 M
OF
PHONE No. T
TELEPHONED
"r
-PLEASE CALL
RETURNED YOUR CALL
WILL CALL AGAIN
CAME IN TO SEE YOU
URGENT
MESSAGE
12,
L,3 LVL 0�-J
By
U
404
Investigation Fees
U
405
Vending Machines
U
410
Bicycle Licenses
U
411
Dog Licenses
U
412
Cat Licenses
U
420
Building Permits
u
421
Electrical Permits
U
422
Grading Permits and Plan Checks
u
423
Lathing and Plastering Permits
U�
424
Plumbing Permits
U
425
Heating Permits (Mechanical)
U
426
Trailer Park Permits
Total Licenses and Permits
FINES, FORFEITS AND PENALTIES
E
475
Court Fines kLxc�ptVehicle Code)
REVENUE FROM USE OF MONEY AND PROPERTY
U
500
American Legion
E
501
Balboa Bay Club
E
502
J. A. Beek - Beacon Bay
U
504
W. J. Carden
T" - Taxes
"U" - User Fees
"-E" - Exemptions
TELEPHONED
PLEASE CALL
RETURNED YOUR CALL
WILL CALL AGAIN
CAME IN TO SEE YOU
URGENT
Money estimated as needed
from you $
(Checks to be payable to
Southern Cities Escrow Company)
*A CASHIER'S CHECK OR CERTIFIED
CHECK WILL FACILITATE CLOSING.
Self-addressed envelope Is
enclosed for your convenience.
SCE12IR 2OM3-79
Yours very truly,
SOUTHERN CITIES ESCROW COMPANY
BY
Bette Hatch.,- E.6c&ow 0/36kceA
GENERAL TRANSMITTAL LETTER
b�S50C4111 Sout-ern
Cities
Escrow Cjmpany
1607 Vove, #170,
NewpoAt
Beach, Ca�U4o�LYLZa _j2,_40
:: � Tle,
(714) 752-0363
I -Z - -7 7,rl
Office A�Apokt-CenteA
&0- and Mu. Jai-na CwtteA
Escrow # 277
clo Davi6 and Ualuk
4000 WezteAty Ptace, Suite
0285
Date: Jan. 29, 1981
NewpoAt Beach, CaXUAo,�Lnia
92660
ATTN: BiU Cta&k
Property Address—Lot H
L
-7 A/
_j T&act No. 919
0 5-1
For use in your escrow at this of(ice,
we/(vill appreciate
your sending us, if they meet with your
approval, the items listed below marked
by an "X".
Your prompt delivery of these items will materially
assist in the completion of your escrow.
Escrow Instructions
Termite Supplement
Commission Authorization
PLEASE SIGN AND RETURN ENCLOSED
INSTRUCTIONS. (RETAIN ADDITIONAL
ENCLOSED COPY FOR YOUR FILES).
Statement of Identity
PLEASE FILL IN COMPLETELY, SIGN AND
Loan Information Letter
RETURN.
Deed
SIGN AND ACKNOWLEDGE BEFORE A
Trust Deed (and Note)
NOTARY PUBLIC EXACTLY THE WAY NAME
APPEARS ON DOCUMENTS, AND RETURN
THEM TO US.
Fire Insurance
Latest Tax Bill
PLEASE SEND TO US,
Money estimated as needed
from you $
(Checks to be payable to
Southern Cities Escrow Company)
*A CASHIER'S CHECK OR CERTIFIED
CHECK WILL FACILITATE CLOSING.
Self-addressed envelope Is
enclosed for your convenience.
SCE12IR 2OM3-79
Yours very truly,
SOUTHERN CITIES ESCROW COMPANY
BY
Bette Hatch.,- E.6c&ow 0/36kceA
GENERAL TRANSMITTAL LETTER
PUBLIG, WORIC13"
Es6ltow
SIGN, ATCIRE OF SELLER
WNATURE OF
INSPic TION
OF J-oir#:.OwffE'ft-'--
i6N ��P' P'RQy�lp j -
CITY HARBOR COORDINATORz
SPECI'AL CONDIT' IONS: THis PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TIT"
MUNICIPAL CODE.
CITY OF NEWPORT BEACH. CALIF.
WX FORM 66-1013,REV.
-7
Southern Cities Escrow Company
4k, I,
1601 Dove, #170P NewpoAt Beach, Cati4otnia 92660
(714) 752-0363
off ice_ Aittpo&t-CenteA
UlL. and Mu. James CwLteA Escrow # 277
clo Dav" and UaAk
4000 WesteAty Ptace, Suite #285 Date: Jan. 29, 1981
Newpoxt Beach, Cati4o&nZa 92660
ATTN: BiU CtalLk Property Address Lot H
L _j T�Lact No. 919
For use in your escrow at this office, we will appreciate your sending us, if they meet with your
approval, the items listed below marked by an "X". Your prompt delivery of these items will materially
assist in the completion of your escrow.
Escrow Instructions
Termite Supplement
Commission Authorization
PLEASE SIGN AND RETURN ENCLOSED
At:
INSTRUCTIONS (RETAIN ADDITIONAL
4
ENCLOSED COPY FOR YOUR FILES).
Statement of Identity
PLEASE FILL IN COMPLETELY, SIGN AND
Loan Information Letter
RETURN.
Deed
SIGN AND ACKNOWLEDGE BEFORE A
Trust Deed (and Note)
NOTARY PUBLIC EXACTLY THE WAY NAME
APPEARS ON DOCUMENTS, AND RETURN
THEM TO US.
Fire Insurance
Latest Tax Bill
Money estimated as needed
from you $
(Checks to be. payable to
Southern Cities Escrow Company)
*A CASHIER'S CHECK OR CERTIFIED
CHECK WILL FACILITATE CLOSING.
Self-addressed envelope is
enclosed for your convenience.
SCE121R 20M3-79
PLEASE SEND TO US.
Yours very truly,
SOUTHERN CITIES ESCROW COMPANY
B y VQU
Bette Hatch, Esutow 044iceA
GENERAL TRANSMITTAL LETTER
141;, /, -
e4 dot
r1lelICIZ-11-5
BUYERS' NAME(S) ADDRESS OF FAC[Liry:2827 West PERMIT #
I I
Berhad Coast Hwy-Newpt Bch,C� 129-2751
O� r" u
MAItING ADD�RE TELEPE NO. FEE CHECK NO. DATE
o n fAffff r
Ine
uqu 'Haze ne $
ms, ua ue 0
M W. 9t.-L.A., 6a.EC 15 � I -
_kPPROTED BY: DATE APPLICATION 15 HEREBY MADE TO TRANSFER HARBOR PERMIT
OCHD American Marine,Ltd.Inchcape Berhad,
SELLERS' NAME(S) BUYERS' NAME(S)
ENG F] (ABOVE NAMES TO BE TYPED)
COUNCIL El By: By
SIGNATURE OF SELLER SIGNATURE OF BUYER
PUBLIC WORKS F -I
DEPT. By:' By:�
ESCROW El SIGNATURE OF SELLER SIGNATURE OF BUYER
INSPECT16N 11-1
El APPLICATION APPROVED (DATE)
-CITY -HARBOR COORDINATOR
HIS PERMIT 15 REVOCA
--- SPECIAL CONMTTIONS-- SLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17
OF THE MUNICIPAL CODE.
CITY OF NEWPORT BEACH, CALIF. F -R- .6-1013 Rrv.
Davis and Clark
Real Estate Investment Brokerage
February 24th, 1981
City of Newport Beach
Marine Department
Re: Removal of dry dock located at
2751 W. Pacific Coast Highway, Newport
Permit Number: 129-2751
Dear Tony:
This letter is to inform you of the preferred plan's
regarding that certain dry dock in question. At first
we would like to remove the center of the dry dock and
take it to the dump so we can dock a boat their. After
we sell the old dry dock we would like to install a ndw
dock which will vary only in the sense that the finger
now shown on our permit and city approval plan will be
smaller from 8' wide fingers to 4' wide fingers, but
basically the plot will stay the same. We would like to
continue our preferred plan with your approval.
Willic-YK J. Clark
WJC: reg
&44le tt7,d4l
oo ell 701
4000 Westerly Place, Suite 285 Af4ewport Beach, California 92660 (714) 851-1666
Z-7 S-1
PY le
-e77-/
00
MARINE DEPARTMENT
June 23, 1980
TO: FILE
FROM: Tony Melum
SUBJECT: HARBOR PERMIT #129-2751
On June 20, 1980, 1 received a telephone call from the Community Development
Department regarding the property at 2801 W. Coast Highway.
Sometime in March 1980 the property owner had constructed a "temporary" bulk-
head out of PVC pipe (see memo in file). It was my understanding that once
the rainy season was over the bulkhead would be removed, and no additional
construction or backfilling would be done.
It seems that during the weekend of June 14/15 the tenant attempted to back-
fill the "temporary" bulkhead and it collapsed into the bay.
On June 20, 1980, 1 called the property owner, Gordon Barienbrock, and explain-
ed to him that the bulkhead must be removed.
Mr. Barienbrock indicated he wanted to meet with Dave Harshbarger and myself to
explain the situation and see what could be done.
In the afternoon of June 20, 1980, we met and Mr. Barienbrock stated he wanted
us to allow his tenant to repair the "temporary" bulkhead. We again affirmed
that the bulkhead had been allowed only because it was temporary and already
in when we discovered it. It must be removed immediately. If erosion continues,
sandbags could be used to retain the existing beach, and that must not go any
farther into the bay than the bulkhead at the east side of the property. If
Mr. Barienbrock wanted to pursue an approved bulkhead., we would assist him in
every way we could. Mr. Barienbrock indicated he understood and would have his
tenant contact us.
On June 23, 1980, 1 went to the site and spoke with the tenant, George Walsh.
He stated the PVC bulkhead would be removed and above one-third of the material
would be hauled away. This should occur within the next week.
Tony Melum
Tidelands Administrator
TM: ak
CITY OF NEWPORT BEACH
MARINE DEPARTMENT
March 11, 1980
TO: FILE 129-2801
FROM: Tony Melum
SUBJECT: BULKHEAD INSTALLED WITHOUT PERMIT
On March 10, 1980, 1 received a call from Community Development
regarding a violation of the Permit Policies at 2801 W. Coast Highway.
They had received a call from a property owner adjacent to 2801 W. Coast
Highway regarding the construction of a.bulkhead at 2801. Community
Development red tagged the construction then called me. I went over and
inspected the site. The property owner has constructed a bulkhead out
of what looks to be PVC pipe of approximate 4 to 6" diameter completely
across the front of his property. No permit exists for this construction.
I asked a salesman to have the property owner call me right away.
Around 3 P.M., a George Walsh called and identified himself
as an associate of the property owner who is out of the state for about
7 days. Mr. Walsh explained that to his knowledge, the bulkhead had
been built as a temporary measure to stop the severe erosion caused by the
combined effects of high tides and rain storm run off. ,
I explained to Mr. Walsh that no further construction could
be done, and that once the storm/tide emergency had abated, the structure
would have to be removed. Mr. Walsh said he understood and would forward
this information AP the property owner. I explained to Mr. Walsh that
the Marine Department would need a letter from the property owner indicating
his understanding of the situation. Mr. Walsh felt this could be done. .
A - 673-6400
AGeorge Walsh
014�11 - 7
Tony Melum/
Tidelands Administrator
TM: mw
LAW OFFICES OF
ADAMS, DUOUE & HAZELTINE
S23 WEST SIXTH STREET HENRY DUQUE (1904-1971)
LOS ANGELES, CALIFORNIA 90014
TELEPHONE (213) 620-1240
November 11, 1976
Mr. Glen Welden
Tidelands Administrator
Marine Department
City of Newport Beach
3300. Newport Boulevard
Newport Beach, California 92663
Re: American Marine, Ltd.
Harbor Permit Policies
Dear Mr. Welden:
Enclosed is our check in the amount of $2-00
payable to the City of Newport Beach in payment of the
Harbor Permit Policy Manual. Thank you.for your efforts
in providing this to us.
Very truly yours,
e&ZL (;�
WILLIAM F. CAPPS
WFC/bo
Enclosure
-2 -75-1
Pn
R
CITY OF NEWPORT BEACH
CALIFORNIA 92660
City Hall
3300 Newport Blvd.
(714) jjk?(UQ
640-2156
November 9, 1976
Mr. William F. Capps
Adams, Duque & Hazeltine
523 Wes,t Sixth Street
Los Angeles, CA 90014
Dear Mr. Capps:
In response to your letter of November 5, 1 have enclosed the
copies of the drawing for Harbor Permit Number 129-2751 in
the name of American Marine Ltd. Also enclosed is a copy of
-the City Council's Harbor Permit Policies. The charge for
the Policies is $2.00.
IfI can be of further service, please feel free to contact me
Sincerely,
LAW OFFICES OF
ADAMS, DUQUE & HAZELTINE
523 WEST SIXTH STREET HENRY DUQUE (1904-1971)
LOS ANGELES, CALIFORNIA 90014
TELEPHONE (213) 620-1240
November 5, 1976
Mr. Glenn Welden
Tidelands Administrator
Marine Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 926-63
Re: American Marine, Ltd.
Harbor Permit 129.-2751
Dear Mr. Welden:
In accordance with my telephone conversation with
your office today, please send me a copy of Harbor Permit No.
129-2751 issued to American Marine, Ltd., along with any
prepared drawings which indicate the improvements authorized
by such permit . I also understand that the City Council has
promulgated a Harbor Permit Policy manual, which I also wish
to obtain.
If there is a reproduction or other charge for
obtaining the above, please bill for such fees along with the
documents.
Thank you for your courtesy.
Very truly yours,
WILLIAM F. CAPPS
WFC/bo
A.pril 22, 1977
Glen E. Welden
Tidelands A.dministrator
Marine Department
3300 W. Newport Blvd.
Newport Beach, CA.. 92663
Gentlemen:
I am in the process of purchasing the property at. 2827 West Coast
Highway from Inchcape Berhad. I would like you to transfer the Harbor
Permit for this facility to my name concurrent with the close of escrow
which is scheduled for A.pril 29, 1977.
I have enclosed the executed application and my check for -$ 150. 00.
Thank you for attending to this matter.
Gordon S. Barienbi-iock
GSB:sc
f
Directors: NVILLIAM P. FICKER RICIL4,RD D. CONNELLA GORDON S. BARIENBROCK
1 2122 Newport Blvd.,Newport Beach, California 92663 - 714-673-8511
LAW OFFICES OF
ADAM S, DUQUE & HAZELTINE
S23 W EST SIXTH STREET HENRY DUQUE (1904-1971)
LOS ANGELES, CALIFORNIA 90014
TELEPHONE (213) 620-1240
February 2, 1977
Mr. Glen E. Welden
Tidelands Administrator
City Hall
3300 Newport Boulevard
City of Newport Beach., California
Re: Earl's Landing Property
2827 West Coast Highway
Newport Beach, California
Dear Glen:
Enclosed is the executed application for transfer
of permit form in quadruplicate as requested. Also enclosed
is our check in the amount of $150 in payment of the transfer
fee. For your records., the officers of American Marine3 Ltd.
and Inchcape Berhad who executed the application are as follows:
American Marine Ltd. Inchcape Berhad
R. W. Livingston N. M. Ewart
Ron C. Filbert F. Yung
We are in receipt of your letter of January 26, 1977
relating to your inspection of the premises. As we have advised
you, Inchcape Berhad is in the process of selling the property.
The prospective buyer has agreed that he will either make the
necessary repairs or remove the docks and piers and build new
ones. He is also aware that he must provide new access and utility
connections if he decides to separate the existing connected struc-
tures. Accordingly, the conditions imposed in your letter of Janu-
ary 26, 1977 are acceptable to Inchcape Berhad and we respectfully
request that the permit be immediately transferred, subject to
such conditions.
If you have any questions or if you need any additional
information, please do not hesitate to telephone me.
Sincerely,
HN W. WHITAKER
JWW: vc
Enclosures
/,� �? -<� 7 -57- 1
V, 36"., �,,
- IN, 11 (�- , i'll
CITY OF NEWPORT BEACH
CALIFORNIA
0'2�
�.i - Fo�-��Vt;
January 26, 1977
City Hall
3300 W. Newport Blvd.
Area Code 714
)GUM
640-2156
Adams, Duque and Hazeltine
523 West Sixth Street
Los Angeles, CA 90014
Attn,: Mr. John Whitaker
Gentlemen:
Per your request, the harbor installation at 2827 West Coast
Highway in Newport Beach was inspected on January 24, 1977 for
conformance with the City's Harbor Permit Policies.
This inspection revealed the following deficiencies:
1. The deck planking on the two most westerly fingers of the
float need repair and replacing.
2. The most northwesterly corner of the headwalk is weak and
structurally unsafe.
3. The facia board on the "inside" of the two westerly slips
is cracked and needs replacing.
4. Should the upland property owners decide to separate the
existing connected structures, provisions must be made
for new access and utility connections.
As we discussed in our telephone conversation on January 25,
the Harbor Permit for this facility will be transferred to
the current owners upon receipt of the transfer application and
fee. The above repairs must be completed within six months of
the date of transfer according to Section 10, Paragraph D of
the Harbor Policies.
If you require any additional information, please let me know.
Si ncerel-y
I e
We- 1 den
Tidelands Administrator
Marine Department
GEW: I I
LAW OFFICES OF
ADAMS, DUQUE & HAZELTINE
S23 WEST SIXTH STREET
LOS ANGELES, CALIFORNIA 90014
TELEPHONE (213) 620-1240
January 20, 1977
Mr. Glen E. Welden
Tidelands Administrator
City Hall
3300 Newport Boulevard
City of Newport Beach, California
Dear Glen:
-4,
1h
Re: Earl's Landing Property
Newport Beach, California
HENRY DUQUE (1904-1971)
This will confirm our recent telephone conversation
to the effect that we represent Inchcape Berhad, a Singapore
corporation, the current owner of the Earl's Landing property
located at 2827 West Coast Highway, Newport Beach, California.
When Inchcape acquired the property from American
Marine it did not realize that a portion of the docks, piers and
water rights in front of the property were subject to permit from
the City of Newport Beach. On November 17, 1976 and December 23,
1976 we mailed your application for transfer forms to Inchcape
in Singapore with the request that they be executed by American
Marine and Inchcape and returned to us but both of these letters
were apparently lost in the mails. We have sent a new applica-
tion form to Inchcape today with the request that it be executed
by American Marine and Inchcape and returned to us as soon as
possible, However, in,order to expedite the matter, we would
greatly appreciate it if you would commence the required inspec-
tion of the property as soon as possible and telephone me when
the inspection has been completed. If the telephone call will
be long distance, please do not hesitate to telephone collect.
Enclosed for your reference is a copy of the appli-
cation form which has been forwarded to Inchcape and American
Marine for execution. You may be assured that when the executed
application form is returned to us we will forward it to you to-
gether with the $150 transfer fee.
If you have any questions or if you need any further
information or authorization in order to commence the inspection,
Mr. Glen E. Welden
January 20, 1977
Page Two
please do not hesitate to contact me.
Thank you again for your assistance.
S,incerely,
Fa�
a6HN W. WHITAKER
JWW: vc
Enclosures
cc: Mr. Frank Yung
r--
AU,
December 21,
1973
LOs Angeles District
VS. Army Corps of Engineers
Wator Control Section
P,6. Box 2711
LOB Angelaso California 90053
SUbiectt Vo� 110S -Permit Application
Attention: Mr. Roman Z"vadzki
Gentlemena
Wa tO a number of Mtenuatinq Urcumstancos
out plans to proceed with the sUbJeCt project have
been
delayoi.
Us respectf tihzrt tl'd-n- pzojeat
remain
open for zMAG),nonths.
Thauh you.
KHRICAU -MARINE V=
cc: Dob Davis
Sam Kniss, Trautwein Bros.
Capt. Harslh.-bar�,;er
Harine Safnty Dept,
City of Newport Beadh
14ARINE SAFETY DEPARTEDIENT
70 Newport Pier
march 22, 1973
TO.-, BILL FOLEY
FROM: Capt. D, flarshbarger,, Marine Safety De'artment
P
SUBJECT: CRIME INSTALLATION FOR PACIFIC 14ARINE YAC11TSp
2751 West coast Highway
On June 26, 19721 the City Council approved harbor permit
#129-2751 for Pacific Marine Yacht6-.,-(Axae�,rican Marine Ltd.)
to revise the exi,&;ting structures to accomodate a floating
dry docic, etc,
This department is cognizant of the crane installation land-
ward of the existing bulkhead; however, ii: is_ the stzi-f'fs
ing tha-� a separate 'Xaarbo-�- peri -,lit- --r-or �'is S
tructure was not
necessary since the crai-ie docs not permanentl-y- over'I'lang bay -
ward of the U. S. Pierhead l'ine.
D. Harshbarger# Captain
Marine Safety Department
D11 lf
U S. Corps of E Lneers
Post Of f ice Box �2711
Los Angeles, California 90053
Attention:. -Waterways Control -Section
Subject: -.Harbor Permit Application No.
Dear Sir.-
'hereb y request:a U. S.
Corps of Engineers' Permit for the
construction and installation
of a New Bulkhead & Floats
and appurtenances theretof to
be loi5ated in Newport Bay, bayward of
Lot No. �H -Block No.
Tract 919 New port
J,
Beachl.C=afornia. I�am tHe owner of tEe aforimention��d property, -and
J -have madeapplication fora
Harbor Permit to the City of Newport Beach.�'
The adjoining property owners are:
Lot Block
Lot G �Block
Tract
Trac7r- 919
American Marine;
—Owens Pacific
West Coast.E�a
Me=nrt- 'R en ob., r1a I i f r-u-i-a—
Respectfully submitted,
Date 1/12/73
American, Mar,�ne Ltd.
Enc. Plans dated :1/8/73
Bob Davis,
1 sepia
1501 Westcliff Drive, Suite 201
4 copies
Newport Beach, Calif.
CITY OF NEWPORT
BEACH APPROVAL
The Harbor and Tidelands
Administrator of the City of Newport Beach
.has.reviewed Harbor Permit application
by
and subject to the approval of
the U. S. Corps of Engineers, will issue
Harbor Permit No. fz;z
Date �ql
i
Hal -ind 1.9-- A dm i stx_a_t,&r
CC:
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14 "JI-, ADDRESS OF PROPOSEID FACILITY
2751 Pac. Co. Hiway
-4
CHFC-1( t46.- ----UATE
MAILING AF2 T�LEPHCNE NO.
t Hi7 646-5011 $25. 951. 6/12/72
RIO Pac. Coas
APPROVED BY. DATE APPLICATION IS HEREBY MADE FOR A HAF400q PLRMIT T��
yv
)PP=/ R E V IS E A
IAT THE AHO'�E LOCATION IN ACCORDANICE wrm THE CITY oF
NGR i
I NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING
COUNCIL Trautwein Brothers I
OMY'ANY
-N
-A T E
PUBLIC WORKS
m
DEPT
6/12/72
DATE
ESCROW
p�
I SPECTION SIGNATURE
W
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7 47,-� ky, V, C', e
Af El
"L's
f�7
7 0 q -d ?0,
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SPECIAL CONDITIONS�
t
See drawing for special conditions.
ITY OF NEWPORT BEACH, CALIF. WX FORM Be -Iola
V
—NA 14 -------- I�A�Cflxr,
S E—D
MAILING We
4i0fd
st Coast Rw
E _LVE P I. f-6 N '4:N 0.
FE
'k F ECIC NO.
Some DAT 9
PROVED ay:
2 89.
-±1 00 ;398 1/12/73
DATE APPLICATION 15 HE��- — -6
4--F;�-RMIT ro
FOR A HAHNO)
CONSTRUCT/REVISE A 1�w Bulkhead & Floats
6.T1!LLPHONE N�T
M / 71�
r.NGR THE AIIO�E LOCATION IN ACCORDANCE WITH THE CI1y OF
NEWPORT BEACH PERMIT POLICIES AND THE ATT .
1 COUNCIL ACHED DRAWINc,
Trautwein Brothers
PUBLIC Wo COMPANY
RKS DATED—_
DEPT.
ESCROW OAT E 75'
INSPECTION
SIGNATURE
T 10 N
"CIAL C6N �I
CITY OF NEWPORT BEAC*A"
HARBOR PERMIT
P"MISSION IS HEREBY GRANTED TO CONSTRUCT AKTV,
MAINTAIN THE FACILITY SHOWN Ott THY: REVER�:,E tjERrop.
AT THE SITE INDICACED, SULSECT TO TME PROV-SIONS 0 -
THE HANNOR PERMIT I"GLICJES Or N,,'-"AVP0f`T SLACH AN.
ANY SPECIAL CONVf9TION-S IVUS pERM
IS NOT TRANSFLICAPLE. W1n;sj0;'1iy iivy�VITEN CONSENT
"'E CITY ""FJO(-4 C00i�,-JINAV��R QIN. ClTV CGVNC�L. T
ITIGHTS GiVE14 UN-qZ.Z Tl -'Mi I'ViIAMT ARW Pla2iAlssbVIE *N.,
'r C .
AND THIS fL "Ally fv�'AV flt�VOXLD V19V TIM C,TV COW4 -
IN ACCOM)ANCE Mlki JkTLE 17 OF THE MUNICIPAL CGOV.
HA ft GORDIN OR
SPV!"�'JAL CONDITIONS:
Corim 0 Engineers Permit
Orange County permit
othen -"ty Counail 6-26-12
C�
J,
'zi-ia approval of the uoso Corpa of- unginears
111'to zollowin,6 Lao parluit conditiv,1116 are U,,,-Aiad to the narbor !?ar-nAt,
44
That tile floatinq d -1 do'c" artall rimuall L&INire "' at thita lo-uation
and sh'all not bu movQd rom placo to pli-ifie iii tlia. harbor.,
That ordinary repair and work (-,,Yl tij-I'm
J�,OJtg In the drV
Z-1iliall riot be dona be-ftire -1100 nor after 900 ijau,,,
00, 14'"Wat, t1tere shall be no dary. diok s andiag of hull bottc,-nasi in Lhu drly
J,o '111hat UAQ dry dock shall not emcead a h-eicj4t of foat,
4�'o Tl&is�:,6 x0hall be, 110 bayoxid Unci
E, That the f Ire p1rotectia.va (wat ratanelpio-o and f Ire extinr
Yidmivate safeguards ba aialanta-ined to. avert all or any bay JX) I I ut i o X1
1,ublie works approi I of the disposal systamif it is tted 1;io tile
Lawar lines.
5,, The do-r-wastia water tservice and electrical isorivice oii the'dry dock
will bo installed un -dor a pam-dt obtained frou the Connunity Datrelopfuexx3t
CITY -OF NEWPORT BEACH
June 26, 1972
ITEM NO. H-8
TO: MAYOR AND CITY COUNCIL
FROM: Captain D. Harshbarger?.Marine Safety Department.
SUBJECT: HARBOR PERMIT APPLICATION,NO. 129-2751
APPLICATION TO: Revise the, existing float and ramp facility to accomodate
a proposed floating' dry dock.
APPLICANT: Pacific Marine Yachts,.Inc. (owned by,American.Marine Ltd.)
RECOMMENDATION: If.desiredl.approve Harbor Permit Application No. 129-2751
subject -to the following special conditions:.
1. The approval of the U. S. Corps of Engineers.
2. The following use Permit conditions be applied to the
Harbor Permit.
a. That the floating dry dock shall,remain-moored at
this location and shall not be moved-fromplace to place
in the harbor..,
b. That ordinary repair and maintenance work on the
boats in the dry.dodk-shall not. -be done before 7:00 a.m.
nor after 9:00 p.m.
C. That there shallbe,no dry disk sanding of -hull
bottoms in the�dry dock.
d. That the dry dock shall not exceed a height of twelve
feet.
e.. There shall be, no projection beyond the pierhead line,
f.. Thatthe fire protection (wet standpipe and fire
extinguishers) shallbe approved by the FireDepartmento
3. Adequate safeguards be maintained to avert all or any
bay pollution from boat maintenance work.
4. Public works approval of the disposal system ifit is
tied into the sewei4�'lines.
5. The domestic water service and electrical service on the
dry dock will be installed under a permit obtained from the
Community,Development-Department.
DISCUSSION: 19 The approval,of the City Council.is required for floating
dry.docks.-subject to the following conditions:
a, The location ip,in waters bayward'of-commercial, manu-
facturing or unclassified zones.
b., The prior approval of. -a Use,Permit by the Planning Com-
mission..
2. Council.HarbQr Perrqit Policies specifies. that permits for
floating dry docks are issued.for one location.- A new -permit
must be obtained to move a:floating dry dock from onellocation
to another location within the harbor..
APPROVED
3. The Planning Commission conditionally approved the Use
Permit No. 1598, May 18,.1972. Subject.to ten conditions.
Six of these conditions -a'pp'licable to the Harbor Permit are.
restated in the above-r.ec''or='endation.
4o The proposed Dry Dock (patent no. 3276211) designed by
Aero -Lift Systems,,Inc...,,has�_a built-in residue catch basin
holding tank. The catch�b,aision holding tank designed to,con-
tain pollutents is connected to a disposal pulverizer. The
pulverized material istheph-pumped into the sewer system or
held for alternate dispop4l,from a -secondary holding tank.
5. The original drawings showed -the "Dry Dock" location
immediately east of the -present location,.in-front of the
"Rusty Pelican" restauranto- The plans have been resubmitted
with the proposed "Dry�Dock" confined within the. bayward
prolongation of Pacific'Marine property lines,
6. The Pacific Marine Yachts' upland property -is proposed for
complete redevelopment.,:In 'conjunction with these plans their
current crane -vessel hatloi It system will be removed. The pro-
posed floating dry.dock,will be the only hau-lout,system for this
Yacht -sales and maintenance business.
7. The bayfront occupants w , ithin 300' of the proposed "dry dock"
have been notified in writing. -
To date we have received neither pro or con statements.with,
reference to these notices.
D.-Harshbargere Captain
Marine Safety Department
COMMISSIONERS
T7
M
M
o - 7C M
ROLL CAL M -5
CITY
May 18, 1972
OF NEWPORT BEAk-H
MINUTES
INDEX
Zone: C -O -Z
Applicant Pacific Marine Yachts, Inc.,
Newport -Beach
Owner: Same as applicant-
Chairman-Dosh.reviewed the application with the
Commission and Assistant Director Hewicker pointed
out that the applicant was,in the process of having
plans drawn for the complete redevelopment of the
propertyi There was adiscussion regarding parking
for this usei
Mr.,Bill-Roberts of American Marine Limited, the
owners of Pacific Marine Yachts, addressed the
Commission and stated he could clarify the parking
problem. He stated that as soon as the floating
dry dock would be installed the existing crane
would be removed so there would be no boats on the
land. A rendering showing the proposed dry dock
was,displayed and Mr. Roberts explained its opera-,
tion in detail.
Mr. Bob Davis, Manager of Pacific Marine Yachts
displayed.a layout of the proposed building as well
as the overall parking lay out; he noted further -
that there would not be an increase in the number
of employees.. He also questioned Items -1 4, 6 and
10 of,.the staff's, recommendations. -
Following a -lengthy discussion, the application was
Motion
x
approved subject to the following conditions:
Second
x
Ayes
x
x
x
x
x
x
1. This approval shall.be for . a one year
Abstain
x
period;,any request for extension to be
acted upon by the Modifications Comm-ittee.
2. That a harb.or-permit shall be issued for
this operation. ,
3. That the dock shall remain moored at this
location and shall not be moved from place
to place in.the harbor.1
4.� That�brdinary.repair�and maintenance work,
on b6ats shall not be done before 7:00 A.M.
nor after 9:00 P.M.
5. That at least -3 parking spaces shall be
provided on abutting land for this dock,
available at the time the.dry dock goes
into usei
Page 17.
COMMISSIONERS
CD :::r
ROLL CAL CD
Motion
Second
Al I Ayes
CITY OF NEWPORT BEA%..H
MINUTES
May 1.8. 1972
INDEX
6. That there shall be no dry.disk sanding
of hul 1 bottoms.
7. That the dry dock shall not exceed a,
height of 12 feet.
8. That there shall be no projection beyond
the pierhead line.
9. That fire protection (wet standpipe.and
fire extinguishers) shall be -approved
by the Fire Department.
10. That the plans for the redevelopment of
the Pacific Marine site be subject to
review by the'Planning Commission prior
to issuance of building permits.,
Commissioner,Adkinson returned to the dais.
Item #14.
USE PERMI
Request to permit a double-faced, on Tsite sign,
with an area of 200'sq.ft. (10' x 20') and a height
o -f 22 feet in connection with the Oakwood Garden
1599
Apartments.
WITHDRAWN
Location: Portion of Lot 3, Tract 1125, located
at 880 Irvine Avenue at the northeast
corner of Irvine Avenue and 16th-
Streetj across from Newport.High
School.
Zone- Unclassified
Appl_ican.t- Newport Beach Country.Club Apartments,
Los Angeles
Owner- Same as applicant.
x
This application was withdrawn -at the request of
x
the applicant.
Item #15.
VARIANCE
70—.1021
Request to permit duplexes to be constructed on
two R-3 lots,with.areas of 21 . 00 sq.ft. where the
Districting Regulations require at -least 2400
sq.ft.
CONTINUED
UNTIL
Location: Lots 6 & 7, Block 9, East Newport
JULY 6
Tract, located at 607 and 609 West
Page 18.
CITY OF NEWPORTUACH HARBOR APPLICATION NO.
7, zo 8 a h 117 ks 7(
V..
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viciml T Y 51<ETCH. k
NEwpoar 5AY Jerry,
CAL IP
OMNIA
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s7 s dd P&el 0--3 c7o riole
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ARRUCAN,rS" AM
4r
A/
�n,egC7'
ceiv
CITY OF NEWPORT BEA
HARBOR PERMIT
PERMISSION 15 HEREBY GftANTEV TO CONSTRUCT Aft,
MAINTAIN THE FACILITY SHOWN OU THE REVERSE HEREOF,
AT THE SITE INDICATED, SUEXCT 7-0 THE, PROV-I'SIONS 0 -
THE HARBOR PERMIT POUCIUS Ore �.,'-WP-M'T MLACH AN
ANY SPECIAL CONUMO-K-S '('HES pEp,
IS NOT TRANSFEkABLE �Ahl
V'�"! U T "-'-4 X T
THE CITY HARBOR COWOWN.%VOri' 4U�4 irATV CGUNCiL. T�
RIGHTS G.1VLr4 UND;,.,j,�e :��IATIT ARD� FE.RP4IG!3CVE
5- V`V
AND THIS PLj?I%jjy roAy BY THE CITY CoUtp�:-,
IN ACCORDANCE Wk'VH TiTLE 17 OF THE MUNiCIPAL covrL.
4(C3&HAR13QR
FERMIT WE
SPECIAL CONWITIONS:
Corps of Eng7neers Permit
Orange County Permit
Othen
CitY C-Ouaoll 6-26-72
1 The approvill aff the '1368-0 corps' Of Unginear-S
2* The following Use Vermit'ConditIOUS Are aVpliad to the Harlsor Permit,
U* That the floatinu dry do(*
'h 11
. r4Maj �Orfk -t this louation
va A 14, � a -A
and shall not t�o mved from V'aae to
Place in tha hi4rbor,
bo, That o- i1i
ary repaj-r- and
1-44intOnQUO0 WOrk- On thfi bloata 141 the dry
dock Shall not be dona b*fora 700 a.mj nor after, gloo VOID*
0. That thore Sh411 be no 4XT disk sanding of twull bottoms in the dry
docko
do, '!*1,;at: taw dry 'doch shall not exceed a it of twel"Ve feet.
heigh
-ol0440 line,
That tho fire protection (wet stw4apipe and fire extinguishers)
Shall 1�v &VP1%j-v;bd; by the Fixe
3* Adequate 84969u4rdtl bG nlailnt&illed to avert all or any bay pollution
frola 40;�'t. inaluLelwaaca works
4*- Public works approval of the Ojapoa4j system if it is tied into the
sawor lines#
5,6 ThQ dOmOstiQ wat-Or Service and alactrioal-narvioe orl the dry dock
will be installod undar a'porrdt obt-ained ,rronj tj%Q r_omullity Devejo.Ament
vapartment,
CITY OF NEWPORT BEACH HARBOR APPLICATION NO.
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