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HomeMy WebLinkAbout139-0013.tifCITY OF NEWPORT BEACH CITY OF �� NEWPORT BERCN , LFM f \ �i P20JCCLLT PRCIF-IC O CERN VICINITY MRP fE} m Sir, ii wwaR 0 M leol /?/ZOP4SG ,�7 P!L/NC, DOC/k . ' a1717 \gorrDrvl -8,0 � � I I I U lid jj �j 11 -Z/ Ll NEST JETTY PROF I LE 1 = ZO JETTY SOUNDINGS FIRE EXPRESSED fN'FEET RND DENOTE ELEVRTIONS BRSED ON MERN LOWER LOW WRTER. 3 - 14 �0 CONC, P/L AVG �- U. S. P11-21-14=AP L/NL: glPWOPOSISP PACK. r, D I j� - i - I ,0 - it PRO10096V P/L,P .3� I -may 1 50' 4040' !/ /2 l3 /4 /S 7-,OACT A/ ° 802 PLAN VIEW V = 40' RPP ARNT'S NRME 211S7-ji Mc DODUM- ; JOB RDDRESS /j Amp8oe ISUA1.0 I SITE 31//94 PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF. AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL. THE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THIS PERMIT MAY BE REVOKED BY THE CITY COUNCIL IN ACCORDANCE 1AIITH TIRE 17.6E THE MUNWAL CODE. CITY -HARBOR PERMIT NO. DATE BUYER'S NAME ° �. ADDRF§S OF FACILITY: PERMIT# MC XLUGGAGE . Dewitt Koir 13 tarbjo Islam - 13900131. MAILING,ADDRESS 'pidtoria L • TELEPHONE NO. FEE ` ' HECK NO. DATE" z' ` 1A77 .PArkaiew Ave. f`Lfa f' . 1UJDATE APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT 41 ordon.k.;McDonnell Dewitt Kerry & ocHD : Victoria T. Me-Clit Pm! •SELLER'S'NAME(,S) - BUYER'S NAME(S) ENG (ABOVE'NAM BE TYP ) I COUNCIL,. URE OF S LLER C PUBLIC WORKS SIG T ❑' jj SIGN TUR F BUYER s II��I ESCROW LJ SIGNATURE OF SEL R: SIGNATU F U­RjdIi i; INSPECTTION, ' SIGNATURE OF JOIlIT OWNER f - '.APPLIGA,TION PP •ROVED— (BATE) CI$Y ARBOWIN PECTOR SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE 8T THE CITY COUNCIL:, IN ACCORDANCE WITH TITLE 17 OR THE MUNICIPAL CODE Ar I` �' ICIT4YOF�{N dR7iBE4C AL]F -1 J WXFoaM66-1013Rty. r i. i. Ci rY aw Nvmooer B&.4cH Id areo AF e I 6�I( Jj /J� •N M atiMM/ t . •ALSO; D 1.11 "'IL•li�/; �1 to fflrM � f/IM dq Q O •�a r�� VICINITY SKETCH """""r ; «• 30 N•wtiwr SwY, Cat Ireowlw y� /�rr� • S'oamden9s ore eroressed --p+ r•e>{ once d woft dppIhs be/ow /NCon w Lower LoM/bfer. ��M� � P ./dej: Q,!�►!f %>/oibor /.ices u / I �) 1 are OviabIte shoris f. h:s.sccfio.r ofNaW,~ See, Q1/��h �/Le Abrdor fT/an� �C/FGt/�D,eT arFu %be, .,8� d. S, l�/L��PNCAD L i LJE T 1 �� • I i r 0,� --� _ •• � �—Sty r L----1��--�; IN T!cA T Al 80 A 8d.2 SZ AA ) I CArVTs erq'G;� �' ohn s7►- �3 BG�r, %ArAct �Z J • o ss /3 HA/Zi Q %5z-,4j rJ SAe OA %�ma �P ZnG�, 9 � �y Ce�vs��cro�f . CITY OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF. AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT 9EACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CRY COUNCIL THE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THIS PERMIT MAY BE REVqXXff BY THE CITY COUNCIL IN ACCORDANCE WITH T' / 7 OF THE MUAIIli'41PAL JMDE CITY HARE® O ATOR /-3y 13 PERMIT NO. DATE �~ SPECIAL C0I40ITIONT. Corm Of Engimwa Pem.* Orainp County PerlWt Other doA zi-4—1 PERMIT ISSUED SUBJECT TO DREDGE MATERIAL BEING HAULED TO SEA - PL ACED ON BEACH �l�a • BUYER'S NAME ADDRESS OF FACILITY: PERMIT M MC CLUGGAGE, Dewitt Kerry 13 Harbor Island 13900131 MAILING ADDRESS Victoria L . TELEPHONE NO. FEE CHECK NO. DATE 1177 Parkview Ave. PA"U'RI CA � ; Z —i57"- 1 DATE APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT ordon R. McDonnell Dewitt Kerry & OCHD ❑ Vi rtnri a T. _ MrC'l>Iioaac ENG ❑ SELLER'S NAME(S) BUYER'S NAME(S) COUNCIL ❑ (ABOVE NA BE TY ) PUBLIC WORKS ❑ SIG U 0 LLER SIG ATU F BUYE DEPT. ESCROW ❑ SIGNATURE OF ELLER SIGNATbf9OF DYER INSPECTTION ❑ SIGN TURE OF JQJKTJOWNER APPLI ONAPOVED DATE) (% ARB INSPECTOR SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OR THE MUNICIPAL CODE CITY OF NEWPORT BEACH, CALIF. WX FORM 66-1013 REv FIDELITY NATIONAL TITLE COMPANY DETACH AND RETAIN THIS STATEMENT 022484 ESCROW TRUST - NEWPORT BEACH BRANCH THE ATTACHED CHECK IS IN PAYMENT OF THE ITEMS DESCRIBED BELOW. IF NOT CORRECT PLEASE NOTIFY US PROMPTLY NO RECEIPT DESIRED County #/Branch #: 0030/0005 Check No: 22484 Escrow Number: 5334-LAB Date: 08/05/99 Amount: $163.00 Buyer : Kerry McCluggage and Victoria McCluggage Seller : Gordon R. McDonnell and Carol A. McDonnell Property: 13 Harbor Island, Newport Beach, CA 92660 Dock Inspection (1/2) LAB � l l�� CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 1'7� ir�rl_I August 11, 1999 Fidelity National Title Company Escrow Division 3 Corporate Plaza, Suite 230 Newport Beach, Ca. 92660 Re: Pier Permit 13900131 for 13 Harbor Island,. Escrow # 5334-LAB Sirs: The City of Newport Beach Marine Environmental Management Division has inspected the pier and float for the above mentioned property and has found that it meets City Standards. The pier permit will be transferred once we receive the Transfer Application Card signed by both the Seller, Buyer, and the balance for the transfer fee of $163. If you require further assistance in this matter, please call 644-3043. Sincerely, Wes Armand Fire and Marine Department Marine Environmental Management 3300 Newport Boulevard, Newport Beach C!Tyo,,a-yEPaerdexcN pteor-f / // = 3DI v S A� In eA A/ Hic-t/ T/oE u�t i� IE L..t d�oan N7•t!' / I �o 0 r t� N r w itR Q iwcioA ra �W /rcwtio D C. • ,C + VICINITY SKETCH ��rrr Niwioarr 6Ay CAL ir-Ot- A Y / w SOUndrnys opt eXPiCssed rn Are/ and denote dop�ha be/ow Moon WOv'Ier. Mox/.wt/wn ron9t of fide oPPrvx/.rso/•/y �o �•ef .No.bor /.ices are `xiob/r'shea/ As 'Ih:sNewPorf Bvy r— I I II I \ i � \ rk,4 7 I I I I I u o 8o I /CAA.Irs �/�1A�Ai I—/1 V� Gor BGK, TAEACT�Z ?,rJ��J e<�,eJ ��,Jr ss OATS �Z7 g _/ee AoaeBss / 3 I -/A r�f5b 15z-,4. rJ co�rxACro�s: SA7JV ;ITY OF NEWPORT BEACH CITY OF NEWPORT BENCH pNCIFIC OC E% IER VICINITY MRP MFM Mr, aLuaM 0 MY U, S, SLK'D L AI PI2oPOSC-"O PlIge �U'PER roMY�oRT O loRoir-cr oao, S/AE 4EU JEM 'l�20f�o5L;0 P/K-5r2 O� G,VVStV/.AY 00( r9lz vocl� --"- -:- 1--� [;;q-- gorrDn� _8,0 11 -zi o r PROF 1 LE 1' = Z0' MTtt MMINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON KERN LOWER LOW WRTER. Como. P/L IAIG ' $' l�ieOPosLO DOCK. COCK ,o I� 5 I 3 k I 2z. • I '9Y. .01 4D' 40 IS /4 !S T�PLICT /V ° 8oz fi��PBO� /SL,, 1V2P I Ll PLAN VIEW 1' = 40' RPPLICfINT'S NRME 211S7-ji /YJC- DD/VNL L JOB ADDRESS /-3 10P80P /SL,QND JDRTE 31/194 CITY OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT 9EACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL THE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THIS PERMIT MAY BE REVOKED BY THE CITY COUNCIL IN ACCORDANCE WT_H TITLE '17.4P THE MUNIMAL CODE. CITY-HARBOR'QBftftBftM"R z-��6 PERMIT NO. DATE ,, ll Fidelity National Title Company Wes Armand City of Newport Beach Marine Dept. 70 Newport Pier Newport Beach, CA 92658 DATE: September 15, 1999 ESCROW NO: 5334-LAB PROPERTY ADDRESS: 13 Harbor Island, Newport Beach, CA 92660 In connection with the above mentioned property, enclosed please find the following: PERMIT NO. 13900131 - Check no. 22863 - $163.00 - ORIGINAL Pier Transfer Card We appreciate the opportunity of being of service to you. If we can be of further assistance, please feel free to call upon us. Sincerely, Linda A. Bystedt Branch Manager, Escrow Officer LAB enclosure(s) 3 Corporate Plaza, Suite 230 • Newport Beach, CA 92660 9 (949) 644-3940 • FAX (949) 644-0844 CITY OF NEWPORT BENCH ZB- t12T3 CITY OF \ NEWPORT BENCH EX , f 9.12 mw f lw � 0-0 -- . P,POPOSL U :. BUL IIHI,O - 9; ISLRiBBw DAL OGL C> 13Q 7-701W �cIFI� ocE�\ , AN VICINITY MRP EMT PROFILE 1'_= 10' MEW Mt, ofiIFafM , JETTY SOUNDINGS RRE EXPRESSED IN FEET RND DENOTE ELEVRTIONS BASED ON MEAN LOWER LOW WRTER. U. S f ll /2NLX,40 L /NL' O �\ PPD/�OSL✓D BULKI �L=/-!D EX/ST ; BLIe D (Z- ZU / t 9. / ppo1'OSL;4> CONC, /a�VCf/O!2 - p,POPOSL L7 '/-JtiCHO,P ,SODS s v' 40 4 p 1\ T2GJCT N° JH/a,2BD.P !4 802 ISLAND /S PLAN VIEW 1' = 40' APPLICANT'S NAME awry Mo DONNLL.I '--FOB RDDRESS- 0/3 .HARBOR A5ZAA10 IDRTE 2 8194 Ci r Y ' o,*. MrmoaPr d rwaq bulk 44 � z -c e 5, 1re- ..ice L� /./�r�• U� I O• ~ •M � •.�cleA _ .N Aa �'r ItArI D 0.0 e Ic —�ryn�tiG/ //n' � ` � CIM•YI 0�/ V / A NSA r•� /di2Dl�L� VICINITY SKETCH Arose"'r' i tM. .f _ 3a I NIWIew,r SAY CA& lseaw/n► y� / ��rrr v 3�� (��� Soand�e9s ore erpresasd in /iel and de..ele der10/►a be/owo"Cap? /ow eopr Lower Low Woor Wooer. Wao w.,w ronre e/• lids 4��r•ourrrrntid ./D.f. Norbor /.ices ore sa/oi/isl,ed ni ��%s , sec�ie.or oi'Nervprf sad: d. S, P/E�PNCAD t i a/E r III if I 41._,r-' M 404 Al f/,rV TiVA- L.uAILF -T!� T Al � 80 A,�ao.2 Sc..•4� �10 A 7- � 1 a c.4wTs �� ohn _ 3 Bte�o r. Z—nc. T�It,�cr �Z �eJma� Cscror OA r`/-7✓teao4poress 3 k1A zaQ lsz-,4j ;J � CITY OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CRY COUNCIL THE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THIS PERMIT MAY BE REV BY THE CFfY COUNCIL IN ACCORDANCE WITH T' / 7 OF THE MT L DE. CITY HARBO O ATOR icy �.� �� /,7 9 PERMIT NO. DATE SPECIAL CONNTIOtM. Corps Of Ertginec a Parad Orerp Cowty Permit Other c?o�':k,l FEWT ISSUED SUBJECT TO DREDGE MATERIAL BEING iiAULED TO SEA PLACED ON BEACH CHOMP-S,"u.. FL-OATAT-10"NGGRP-OWEB- 1645 Monrovia Avenue I Costa Mesa. CA 92627 ` (711) 645-2842 1 Telex 678300 THOMPSON CSMA Flange width 3' on all 1 sides B FIGURE 2- FLOATATION UNIT DIMENSIONS s 0 f s Dimensions (in) Wei (1 be) Buoyancy (1 bs ) with plywood in aalt water Podel A B _ C top cover per inch totsl 1117 68 36 16 96 68.95 1,103.2 1118 68 3c 20 103 68.95 1.379.0 1119 s -'8 63 36 11, 90 68.95 973.9 1129 s' 60 r481t�� �, 101 81.06 1_,187. 6 1130 72 4a 1; _ 122 ---- 102. 7l1,151. 2 1131 F'96 1 14 161 140.0ti 1.978.8 1230 7??_ __ 48 16� ~ 128 - ----102.74 1,657.7 1231 I96 48 16 167 140. 0 , 2,259.0 1130 72 --18 _ 23— —. - B5---+-,--102. _ 74 _ 2,376.9 1431 ;� 96 48 2.5 198 110.04 3,519.8 Potent No. 0 278 529 _J fe t 6,000__pai at 26 d_ays fI ,000 psi at transfer `M A. _ dia:,�_270_K,._uncoated,__atrese- -_1'Q1i.Yoct,-eeven_viro: strand. I F— 14-3/g" —� y A 3" cir./tos�— V spiral -forking-airength-----_._-LI162,QQQ-Ibs ,-' 0 -Rorklnl.l'o.rce m�. strP.*�d_— 25,110 1: s -TOta.1--xox.Kng force200 880 lbs ,196 1,3-5/8" —� i n? 3A" chamfer --- - ------ '..- - -- -- • .. . • ----: 4 edges . _ _Ei'feet.i_ye_p,reetrese_-.____:_�_1�025 lei ' Worlcing_strenLth 162�000 rai Initial_at:esa --- . 19'1,D00 oai _wti.al_.1ac]ririg.Soroo._. o,��o_lbs _. _. Yn, 450 chamfer HARBOR PRECAST COMPANY typicn.11, bottoL toll & LONG BEACH. CALIFORNIA - PRESTRESSED CONCRETE PI LES 14" S`1C1",F1 - DRAWN CN [CK[O APPROVED D E ! [ R - " T OO N-.- -'---- DATE - I -S �A:. 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R 1C lL ri A) Gj 3,00 �_._ _ .... L ?" d 5 "1-14L. �,% � w TI-ales r_ C- Z_ A 1 PLYWOOD 13A7E �~ /1 L l t d r t � 1 ,� L.: A DEPARTMENT ` ,� ! STbt u / � j isv DATE a .7" �1 +"'A{q'nll�;N'a�fi,i.e� 4 •F ( � .. ,; d� WORKg�! c $e s:." ` `��~ THE �5O8' K a,}Y' p L ,s a+.'..e,�'..� EF5 d"zii' t 8 , '- , 4•e Via. k:.w.3 p_ .a +,•.,. trr I •,y .3 d-s.t"K�.d. ai G� •*�� �...o a'� >.n'_. -^� {_ t, l.' t.�°. ..t a^ a<«. ,,., aA..,e a.. sa,r.,... f .�� (r � .P �. a...t t Jam.'`, ,... /(�"''''�' (/Rfj jp / 1 t+,.ea'�+.� / ! [jI i f/ e'�F? •"A s •� .:. ' •L'�i7e sz.. s `�Qtaa�i 1 rrEt�is . , i r 0 /"� `r" FOAMAA a _LE L � VZ _ S'OLILD • Y 8 q, o- /rR k A TJ( ~{5� " jP01\1 7 PIL POP /Iso , NREVISION: O. DRAWN BY SHEET NO, DATE R E 15lON. Mc DDOCK DATE ARINE CONSULTIN DESIGN 2 SAGE 324 EL MODENA AVENUE NEWPORT BEACH, CA 9 663 p , n� ,Atp pT BEACH CALIF: J. N. NEWPC�R / r , NO. 13 HARBOR ISLAND, � OF � SHEETS , H R � � O 1A CGUPRESS _ REORDER NO . A5862t f 2 _ 11) O� SEW Pp�T CITY OF NEWPORT BEACH U z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C'qG/ FO RN�P November 22, 1994 Gordon McDonnell 500 Via Lido Soud Newport Beach, Ca. 92663 Re: transfer of pier permit/delinquent fees, 13 Harbor Island. Dear Mr. McDonnell: This is another attempt to obtain from you the application card to transfer the pier permit from William Foote to you. The permit must be in your name to issue the permit to revise your dock. The card requires signatures of both the seller and buyer. In addition the annual pier permit fee for 1994 has not been paid and this also must be brought current before issuance of the permit to do the dock work within your permit area. The amount due is $130.00. The Marine Department has previously contacted you attempting to complete the transfer process and would appreciate clearing up this file prior to the end of the year. If you need to discuss this matter, please call me at 714-644- 3044 . Sincerely, Wes Armand Harbor Inspector 3300 Newport Boulevard, Newport Beach PO� � �cab?< 9Cl;:0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 August 26, 1994 Gordon McDonnell 500 Via Lido Soud Newport Beach, Ca. 92663 Re: Annual Pier Permit Fee, 13 Harbor Island Dear Mr. McDonnell: This note is to advise you that the City has attempted to contact you regarding the annual pier permit fee for the permit area bayward from 13 Harbor Island. Presently, there is a delinquent fee in the amount of $130. The Marine Department cannot issue a permit to do the proposed work on the pier and dock until the fee is brought current. Sincerely, Wes Armand - Marine Department cc: Pete Swift 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 P August 26, 1994 Gordon McDonnell 500 Via Lido Soud Newport Beach, Ca. 92663 Re Annual Pier Permit Fee, 13 Harbor Island Dear Mr. McDonnell: This note is to advise you that the City has attempted to contact you regarding the annual pier permit fee for the permit area bayward from 13 Harbor island. Presently, there is a delinquent fee in the amount of $130. The Marine Department cannot issue a permit to do the proposed work on the pier and dock until the fee is brought current. Sincerely, Wes Arman Marine Department _ cc: Pete Swift u 3300 Newport Boulevard, Newport Beach s Q SEW PORT s ° CITY OF NEWPORT BEACH 1> V P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Cq// FO VL June 1, 1994 Gordon D. McDonnell 13 Harbor Island Newport Beach, Ca. 92660 Re: Harbor Permit 0139-0013-1 Dear Mr. McDonnell: The harbor permit for the property at 13 Harbor Island is still in the name of William Foote and should be in the name of the property owner. This process is generally accomplished during escrow, but in this case wasn't, and needs to be completed as soon as possible. To complete the transfer of the permit an application card must be completed and returned to the Marine Department. Everything else has been done, but until this department receives the card from you with the required signatures, the permit cannot be transferred. Enclosed you will find the application card, instructions, current bill for the annual pier permit, and addressed envelope. Your cooperation in this matter will be appreciated. sincerely, Wes Armand Harpgr Inspector 3300 Newport Boulevard, Newport Beach ------------------ - z, Gay, (3�% 3 01-29-1996 04:23PM FROM SWIFT SLIP DOCKiPIER BLD. TO 6733056 P.02 DEPARTMENT OF THE ARMY LOS ANGELES DIMIcT, coRPS OF ENGINEERS P.O. BOX 2711 LOS ANGELEES, CALIFORNIA Boma-= July 18, 1994 Office of the Chief Regulatory Branch Gordon McDonnell C/O Swift Slip Dock & Pier Builders 500 30th Street Newport Beach, California 92663 Dear Mr. McDonnell.: Reference is made to your request of February 17, 1994 (94 00523-00-MFS). Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to construct a new dock in Newport Bay at 13 Harbor Island, Newport Beach, California. The improvements shown on .the enclosed drawings are subject to the enclosed conditions and consist of: I. Construction of a new dock (approximately 8 feet by 60 feet), including driving three (3) new piles. 2. Construction of a new gangway (3 feet by 22 feet) and pier (10 feet by 14 feet), including driving four (4) new piles. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and to comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre - addressed envelope is enclosed for your convenience). 01-29-1996 04:23PM FROM SWIFT SLIP DOCK/PIER BLD. TO 6733056 P.03 Notice of the commencement of the activity must reach this office at least 10 days before the activity actually starts. Please use the enclosed card. Sincerely, C.f r ,An A. Gill Chief, Regulatory Branch (PERMZTTEE) When the structures or work authorized by this permit are shill in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions, have the transferee sign and date. below. (TRANSFEREE) Enclosures E DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 2711 LOS ANGELES, CALIFORNIA 90053-2325 REPLY TO November 7, 1994 ATTENTION OF: Office of the Chief Regulatory Branch City of Newport Beach Attn: Mr. Tony Melum Tidelands Administrator P.O. Box 1768 Newport Beach, California 92658-8915 SUBJECT: NOTICE TO PROCEED (No. 95-043-BH) Dear Mr. Melum: Reference is made to your letter dated October 12, 1994 in which you submitted on behalf of the Mr. Gordon McDonnell at #13 Harbor Island, a notification for the maintenance dredging of 382 cubic yards of sand and silt material by hydraulic suction and disposal of the dredged material to an adjacent beach replenishment area. Based on the furnished information, we have determined that the proposed maintenance dredging activity complies with the terms and conditions of Permit No. 89-211-GS provided that Mr. McDonnell's contractor does not exceed the maximum dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot. Please note that the drawing enclosed with the notice indicated that the proposed dredge depth is -6 feet MLLW. Dredging to this depth is not authorized under the terms and conditions of Permit No. 89-211-GS. As noted above, dredging to a.design depth of -5 feet MLLW is authorized. The maximum overdepth of -1 foot is to allow for situations that may be difficult to control on the part of the City or property owner's contractor. Dredging to a design depth of greater than -5 feet MLLW would be a violation of the terms and conditions of Permit No. 89-211-GS. If you have any questions, please contact Bruce Henderson at (213) 894-0351. Sincerely, Q009*,L- dz J A. Gill Chief, Regulatory Branch PERMIT NO. /459� 13 Disposition of Dredged Material: pump onto beach Method of Material Disposition: pipeline Turbidity Control Method: turbidity curtain as required Effect of dredging on contiguous bulkheading and beaches I �Mi 3_1.hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District 9 /15,L9A (Date) Cil r YO'aw Mzmpaer &r.4cv el x0mit Ar M'.1 �,`�c fit 007 NVQ81; ?LI 7, T 7f, U/ die low V-1 0 Ole VICINITY SKETCH TO OMWPOPW SAY CA[ IFOPLWA 3v2 Slowncy"foo5ps ewe Owl grwd.l and afomooll& 614- 60/ow Arwa#7 lowep Low wo"w". 'We'rformla'. wc/ 6 rq &43 0 vNoibor �­ �j ;Jej A are waiabAr'sho 0 4r4r Ile A 44 To Jrd A -A3 Mf Al *'&W 7-:14OW 4j�.1AME 77- Po 0-410;iit iXe-bomidl O)Z, :5^ efiffitkew— Z-,n&, CF&aA,-rw,4xc role: 13 AlA.A.50A I Si_AJ tz) OA r-,V,7/-7 /931 CITY OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY_ SHOWN ON THE REVERSE HEREOF AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL. THE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THIS PERMIT MAY HE REV BY THE CITY COUNCIL IN ACCORDANCE WITH T / ? OF THE MU DE CITY H A R 66fi tdMTN ATOR PERMIT NO. DATE SPECIAL CONDITlOM Carpi Of End mwe Perv.* �y O:al o County Penwt pow GoA--Al 9/as/S'r PERMIT ISSU£D SUBJECT M DREDGE MATERIAL BEIN13 i HAULED TO SEA - FIL.ACEDONBEACH_,, �a w p .•l ,.ten w. I _ ,.✓ �/, . /I7��J' (Z 1 CIIs :7 C'I. e{/ V,,C! N! E T Y S k T C �,} .' n.j. •�,r, �. N-9w/'V*r 0AY, CA&IIOaw1A �.r, .-r Scu>'d•�gs arw "vested 0- obe/ and drwo/e dep��l be/ow MCOa Cewep Co- WO+.ti. OWO mm Pony♦ oor lidq Opp PoJLIwre%/y /O or,". cre >/A:= ,.1leefior oPNe�✓�Irf do .r. _...NO i"� YL • 0 :"L, Y �.= �4 41. ��'� - • � ir. .� .o er BGL Lei . • ��r CITY OF NEWPORT BEACH 4 x/sr-, pi20PD5L=,D CITY OF NEWPORT 6ERCHBRY mw M►► %� I PROJL: CT r�rlOPos�,v rL DOC/e — _`ia1 BOTTOM -8,O PRCIFICOCER\— NMAR 14 19 rMr � � VICINITY MAP CALIFORNIA PROFILE 1' = 20'E� ► #W NN, OLVaaaR COASTAL COMMISSION JETTY SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE SOUTH COAST DISTRICT ELEVRTIONS HOSED ON MEAN LOWER LOW WATER. 3 - 14 " 0 CONC. P/L /it/G __ �-VS, l�lC,2HLAD G/NL : g'-1�20POSL'D D0.^.6t 130 l9' I I L=X/ST, D4Ci�' 0 M r 45x/sr.oCO< Coast Dist ,tot Off LGO Es. . I -1 hermit 14 �) C i �LL�l�i/ / IMS, IIIr '/ I 2' GA�bat 8 t I x CA CITY RAU 50' 4040 3m NEWFWILK p MUK CA IE !S T�OACT Al ° 802 H,4eBO,2 /SL 4"P PLAN VIEW 1' = 40' APPLICANT'S NAME 211STy Mc DO"AIU . IJOB RDDRESS l3 g9P80P 4;UAtiIG JDRTE 31//94 CITY OF NEWPORT BEACH t 12.3 CcXlsT) CITY OF + l2 NEWPORT BERCH ,� UPPER EXI97. GI2iaDL ; ", mw NEWPORTlkw O I r P/20JyC T vcNo�z 2ovs 1 �r SIrL _ \ \ 1A'COMC, /�hlCND� C3L-ANI � P,C�OPOSL D BUG/INL:/a0 - _ q,o T 1 f -r- PIER IfiY 7AI PRCI FI o PIER �4 �. CALIFORNIA. rEs COASTAL COMMIS"T VICINITY MR F OUTH COAST DISTRIi 0 ls� S. Fll:/21-1LA0 LIM Dle DGL✓ D Sorrow PROFILE 1' = 10' u EFBT 7EM SO MINGS FIRE EXPRESSED IN FEET FIND DENOTE ELEVATION93 %bWA APPIROvED 5- .9 4_ Op 7111 Po-P44t No. — EVFECTIVE (Y 7 Date: RpopoSGD GX/ST ,l3LK;C7�[=L. f-7, 4G -7---- __ _ EXIST, BLII'D (&1 ev /- 9. / f�20f'OSLDCD�I/C, /-!t/CHO/2 P,POPOS� L7 %l�.CNO.C� ,SODS r12-A' C7 I-1/a,2.BOR ISLAND /S 1EPAnTHElly RT RIM 'Aglow. PLAN VIEW 1' = 40' APPLICANT'S NAME RUSTY M0 DONNL-"L JOB ADDRESS 013 H.4,eH0,e / 44A1O JDHTE 2 B/94 STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Govemor CALIFORNIA COASTAL ,COMMISSION SOUTH COAST AREA m 245 W. BROADWAY, STE. 380 P.O. BOX 1450 LONG BEACH, CA 90802-4416 (310) 590.5071 Date: 6-15-94 Permit No. 5-94-067 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on May 20. 1994 and was reported to the Commission on June 9. 1994 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. PETER M. DOUGLAS Executive Director 82: 4/88 2147F JA/lm STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Govemor CALIFORNIA COASTAL, COMMISSION SOUTH COAST AREA 245 W. BROADWAY, STE. 380 P.O. BOX 1450 LONG BEACH, CA 90802.4416 (310) 590-5071 Page 1 of Permit Application No. Date: ADMINISTRATIVE PERMIT APPLICANT: Mr. and Mrs. Gordon McDonnell PROJECT DESCRIPTION: Construction of a new residential boat dock and pier, and a new bulkhead which would be in -line with the adjacent existing bulkheads with 144 cubic yards of excavation. Excavated materials will be placed on existing adjacent beach areas of Harbor Island. PROJECT LOCATION: 13 Harbor Island, City of Newport Beach, County of Orange EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Thursday, June 9, 1994 at 9:00 a.m. The Doubletree Hotel 2 Portola Plaza Monterey, (408) 649-4511 IMPORTANT - Before you may proceed with development the following must occur Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. PETER DOUGLAS Executive Director By: John T. Auyong Title: Coastal Program Analyst 5-94-067 (McDonnell) Page 2 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24—hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an administrative permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3, and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: The Executive Director determines as follows: 5-94-067 (McDonnell) Page 3 I. PROJECT DESCRIPTION/HISTORY A. Project Description The applicant is proposing to replace an existing dock, ramp and pier with a new "T" shaped dock to accommodate one boat. The proposed dock would consist of an approximately 81x59' float supported by three 14" diameter concrete pilings and would be connected to an approximately 101xl4' pier via a 3'x22' gangway. Also proposed is the construction of a new bulkhead 40 feet in length. Approximately 144 cubic yards of material would be excavated from the dry land area seaward of the location of the proposed bulkhead to create additional water area to moor a boat. The excavated material is proposed to be placed on the existing sandy areas located adjacent to the subject site. There would be no fill landward of the proposed bulkhead. B. History of Commission Action on the Subject Site The Commission previously acted on three applications for the project site. The Commission previously approved coastal development permit 5-81-374 (Lawrence) for the demolition of an existing single-family dwelling and the construction of a 2-level, 5,000 square foot single-family dwelling with 3-bedrooms and an attached 3-car garage. The permit had a special condition which provided that any extensions or intensification of encroachments onto public trust lands would require a coastal development permit. The Commission approved coastal development permit 5-81-526 (Lawrence) for the demolition of an existing dock, ramp, pier and piling which were replaced with a new boat mooring facility which is the currently existing dock on -site. There were no special conditions placed on this permit. The Commission also recently approved Waiver 5-94-078 (McDonnell) for construction of a 5930 square foot, 2 story, 28 foot high single-family residence. II. PUBLIC ACCESS/ENCROACHMENTS Section 30210 of the Coastal Act states: In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse. Section 30212 of the Coastal Act states, in part: (a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where: (2) adequate access exists nearby, . . . Section 30604(c) of the Coastal Act states that permits issued for development located between the nearest public roadway and the shoreline shall have specific findings that the development conforms to the public access and recreation policies of Chapter Three of the Coastal Act. 5-94-067 (McDonnell) Page 4 Public Access/Encroachments (cont' The subject site is located on Harbor Island, a private community located on an island in Newport Harbor. A 25 foot wide area around the perimeter of the island is owned by the County of Orange and is public trust lands. The County issues permits for encroachments of private development onto these public trust lands. The proposed development does not involve construction of improvements within the actual 25 foot wide strip of public trust lands, but the proposed bulkhead would be located along the bayward edge of this strip. The applicant has received approval for a county encroachment permit. This public trust land could provide lateral access around the island. However, because Harbor Island is a private community, vertical public access to these public trust lands does not exist. In previous actions on permits 5-81-526 (Lawrence) and 5-81-374 (Lawrence) for development at the subject site, and on permit 5-85-89 (Hoag Memorial Hospital Presbyterian) at 34 and 35 Harbor Island, the Commission found or the Executive Director determined that vertical access requirements are not feasible because of the nature of the private ownership of the island. Further, Harbor Island is not located near the primary visitor serving areas of Newport Beach such as the beaches along Balboa Peninsula or Corona del Mar, the municipal piers and the fun zone on Balboa Peninsula, or the Newport Dunes aquatic park in Upper Newport Bay. Therefore, any development on Harbor Island would have no significant adverse impacts on public access to the most frequently visited shoreline areas in the City of Newport Beach. In addition, public access to the waters near Harbor Island is available via the public walkway/bikeway ringing Balboa Island or the City operated Balboa Yacht Basin on the mainland, both of which are located nearby across the channels from Harbor Island. Also, the proposed boat dock would be within the U.S. Pierhead line and thus not affect the navigability of the adjacent harbor channel, therefore allowing public access to the waters of Newport Harbor by boat. Thus, the Executive Director determines that adequate access exists nearby and that the proposed development would not have significant adverse impacts on the primary visitor serving areas of Newport Beach. Therefore, the Executive Director determines that the proposed development is consistent with the recreation policies and Section 30212 of the Coastal Act. However, the Executive Director also determines that vertical access to Harbor Island may one day be provided, allowing the public access to the public trust lands along the perimeter of Harbor Island. Although the proposed development involves construction of improvements located at the edge of, rather than within, the 25 foot wide strip of public trust land, the Executive Director determines that it is necessary to preserve the public's right to any future use of these public trust lands. Therefore, the Executive Director determines that approval of this coastal development permit application does not constitute, nor can it be construed as, a waiver of any right, title or interest by the State of California or any grantee of the State, in any lands under their respective jurisdiction. Further, approval of this coastal development permit application shall not be construed as consent, implied or otherwise, to further extend, modify, or intensify the encroachment of improvements onto public trust lands. Any such encroachments shall be designed to provide for maximum future public use of these public trust lands. 5-94-067 (McDonnell) Page 5 Public Access/Encroachments (cont' The filing of a coastal development permit application with the Coastal Commission or its successor agency shall be required for all such extensions, modifications and/or intensifications of encroachments of improvements onto public trust lands. Said extensions, modifications, and/or intensifications shall be reviewed for their impact on access to said public trust lands. Therefore, the Executive Director determines that the proposed development, only as conditioned, is consistent with Section 30210 of the Coastal Act. III. MARINE RESOURCES Section 30233 of the Coastal Act states, in part: (a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: (4) In open coastal waters, other that wetlands, including streams, estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities. (b) . . . Dredge spoils suitable for beach replenishment should be transported for such purposes to appropriate beaches or into suitable long shore current systems. Section 30235 of -the Coastal Act states, in part: Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal —dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. The proposed development involves 144 cubic yards of excavation of dry sandy area to increase the harbor depth for safe mooring of a boat at the proposed residential dock, which is an allowable use under Section 30233(a)(4). The proposed dock cannot be extended further into deeper waters, as it would then extend beyond the U.S. Pierhead Line. Excavation therefore is necessary to allow for the safe mooring of a boat, and thus there is no feasible less environmentally damaging alternative for the construction of the boat dock. The National Marine Fisheries Services recently conducted a survey of Newport Harbor to map the locations of "eelgrass," a type of marine plant —life of which very little is left in Newport Harbor. The survey found that eelgrass does not exist anywhere around Harbor Island. Therefore, marine resources at the subject site are minimal. 5-94-067 (McDonnell) Page 6 Marine Resources (cont' The proposed bulkhead, which would be in -line with the adjacent existing bulkheads and would not exceed the U.S. Bulkhead line, would be necessary to maintain the depth of the harbor at the subject site to allow for the safe mooring of a boat at the proposed dock, a coastal -dependent use. A statement was submitted by the applicant's agent that the proposed bulkhead is necessary for erosion control. The excavated sandy material will be placed on the sandy areas immediately adjacent to the subject site. The proposed development has received clearance from the Regional Water Quality Control Board. In addition, a dock currently exists on -site, and the proposed development would thus simply be a replacement of an existing dock with a similar facility. There are also existing docks immediately adjacent to the subject site. Therefore, the Executive Director determines that the proposed development is consistent with Sections 30233 and 30235 of the Coastal Act. IV. LOCAL COASTAL PROGRAM Section 30604(a) of the Coastal Act provides that the Commission shall issue a Coastal Development Permit only if the project will not prejudice the ability of the local government having jurisdiction to prepare a Local Coastal Program (LCP) which conforms with the Chapter Three policies of the Coastal Act. The City of Newport Beach Certified Land Use Plan (LUP) was originally certified on May 19, 1982. The City currently has no certified implementation plan. Therefore, the standard of review for a coastal development permit application is conformance with the Chapter Three policies of the Coastal Act. The LUP is used for guidance. The LUP access policies are very similar to those in the Coastal Act. The LUP also contains an access policy which provides that the public's right of access.to the ocean, beach, and bay, and the provision of coastal -dependent uses, shall be given full consideration in cases in which publicly held lands are involved. The proposed development as conditioned would be consistent with these policies. The LUP policies regarding dredging in open coastal waters are also extremely similar to those of the Coastal Act. The proposed development, which is consistent with the Coastal Act policies regarding dredging, would therefore also be consistent with these LUP policies. Therefore, the Executive Director determines that the proposed development as conditioned is consistent with the Chapter Three policies of the Coastal Act and thus would not prejudice the ability of the City to prepare an LCP consistent with the Chapter Three policies of the Coastal Act as required by Section 30604(a) of the Coastal Act. V. CALIFORNIA ENVIRONMENTAL OUALITY ACT Section 13096 of the California Code of Regulations requires Commission approval of a coastal development permit application to be supported by a finding showing the application to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(i) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the development may have on the environment. 5-94-067 (McDonnell) Page 7 California EnOironmental Quality Act (cont'd) The proposed development is located on Harbor Island, a high urbanized and developed island in Newport Harbor. A dock currently exists on —site, and therefore the proposed development is a replacement of a similar existing development. Boat docks and bulkheads also exist on the properties immediately adjacent to the subject site. In addition, aerial photographs indicate that boat docks exist on the majority of properties on Harbor Island, as well as in great numbers all throughout Newport Harbor. The proposed development would be infill development, and not require the construction of new infrastructure or the provision of services. The excavation that is part of the proposed development is necessary to allow for the safe mooring of a boat, since the proposed dock cannot be located into deeper waters because it would extend beyond the U.S. Pierhead line. Thus, there is no feasible less environmentally damaging alternative for the construction of the proposed boat dock. Further, the National Marine Fisheries Services recently conducted a survey of Newport Harbor to map the locations of "eelgrass," a type of marine plant —life. The survey found that eelgrass does not exist around Harbor Island. Therefore, marine resources at the subject site are minimal and would not be adversely impacted in a significant manner by the proposed development. . Therefore, the Executive Director determines that the proposed development as conditioned is the least environmentally damaging alternative, would not have significant adverse impacts on the marine resources around Harbor Island and is consistent with the requirements of the Coastal Act and the provisions of CEQA. SPECIAL CONDITIONS: 1. Future Improvements/Encroachments Approval of this coastal development permit application does not constitute, nor can it be construed as, a waiver of any right, title or interest by the State of California or any grantee of the State, in any lands under their respective jurisdiction. Further, approval of this coastal development permit application shall not be construed as consent, implied or otherwise, to further extend, modify, or intensify the encroachment of improvements onto public trust lands. Any such encroachments shall be designed to provide for maximum future public use of these public trust lands. The filing of a coastal development permit application with the Coastal Commission or its successor agency shall be required for all such extensions, modifications and/or intensifications of encroachments of improvements onto public trust lands. Said extensions, modifications, and/or intensifications shall be reviewed for their impact on public access to said public trust lands. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing 1538F:jta ! 1 1 If! v do *13.:=- 'e. ; CITY OF NEWPORT BEACH CITY OF NEWW BUU P�P0�1i M yv►; %� r P,?OJCCT -SITE E PRCIFIC L X/ST, SUIXHL:TD -PROPOSG'D PlUe ¢ 6AA1SWW ;PZ, JZOPaSI.'D Pl2OC/l0Pwo-, n D' I _ _ Q - - — — \BOTTOM —8,O i' II II U lid II it U -Z/ LI CALIFORNIA TM P� I LE 1 = 20 VICINITY MRP Ear �r aw, aLwam COASTAL COMMISS'OMJ XM SOUNDINGS FIRE EXPRESSED IN FEET AND DENOTE SOUTH COAST DISTRICT I ELEVATIONS BRSED ON MEAN LOWER LOW WRTER. o' 3 - /4 „0 COMC. PJL /IVG U. S. P11-rZ4 =AD UAIL= $' • P/eOPOSL:D D0.OK I I I( 1.3' Is 19' I � L X/ST, DOCK vuA Coast Dist iot OffLOG *r. ".R.- r WAS AL 5-q+- o46 -7 iT W-44 PLA+J t 6LK'D LWG- ..._ .............. PROPOSCD PJC/P EXHIBIT 3' FZ-14 ,PAGE ......I... OF ! i �frSt's� 0-EPAR ENe/s CITY "LL T 50' 4D40 , 'cr`u..ELM LITSLUkCAE /4 !S mACT Al ° 802 NA�BD�' /SLA"P PLAN VIEW 1' ;40 fIPPLIOWIS NAME 2!/STy Mc DOIVIVL L JOB FIDDRESSV IOPBOR 1s�� DiTE 3119¢ 1TY OF NEWPORT BEACH CITY OF NEWPORT BEACH f PRCI F-IC OBE M PIER `4 RN CALIFORNIA r�sr COASTAL COMMIS; V I C I N I TY nONOUTH COAST DISTRIC" 0 w. C. PIL:I2NL:,4D LIM 1 XIST �6LKA�L=L. f7-4L)' sv,-KN8419 L INL 2 8' t12.3 (L'71Sj) ' - - -- • �Yw I + 9. 'Z EXIST. - GeAV a 1 e—/ O Avc"voi2 2ot�s' C'OA/C. 4AICI.10,0 81--%4M o 0 pleLsOGL C) /30 M/N PROFILE 1' = 10' Ear BEM SO WINGS RRE EXPRESSED IN FEET M DENOTE ELEVRTIONS MU WWaI � COASTAL CGI!�UMa"S"SMA 5-9+—Olo 7 8 V IJ4L - 8. a PLANS EXH',BiT # C� PAGE ........ . OF Valet PPOPOSL=D SULKI�L/-J EXIST. BLKD(GL41/ t 9.12) P,20POSL:> COJVC, I�UVCH0I2 RMOROS'L D 14ACW0.P RODS' sv4ol♦o u ALIOL Ha IIM T-7 rZIOCT AIR Bog I-Ij- Z80,P ISLAND PLAN VIEW 1' = 40' FMICfW'S W E /2LCrY Mc AONNEL JOB ADDRESS 013 AMRF0R ).!;44ND I ORTE 21-2 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 2711 LOS ANGELES. CALIFORNIA 90053-2325 REPLY TO December 29, 1993 ATTENTION OF: Office of the Chief Regulatory Branch Mr. Tony Melum Tidelands Administrator City of Newport Beach P.O. Box 1768 Newport Beach, California 92659-1768 SUBJECT: NOTICE TO PROCEED Dear Mr. Melum: Reference is made to your letter (No. 94-241-BH) dated December 22, 1993 in which you submitted on behalf of Gordon McDonnell at #13 Harbor Island, a notification for the maintenance dredging of 125 cubic yards of sand and silt material by hydraulic suction and disposal of the dredged material on the adjacent beach. Based on the furnished information, we have determined that the proposed maintenance dredging activity complies with the terms and conditions of Permit No. 89-211-GS provided that Mr. McDonnell's contractor does not exceed the maximum dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW. If you have any questions, please contact Bruce Henderson at (213) 894-0351. Sincerely, Michele F. Waltz Chief, South Coast Section �W PORT '> CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Cq<r Fp RN�P December 24, 1993 Gordon McDonnell r Newport Beach, CA 92663 Re: Harbor Permit 139-013, for facility at 13. Harbor Island Dear Mr. McDonnell: It has come to the attention of the Marine Department that while you are not listed in our files as the permittee at the above address, you are the new owner. Our records list Wm. Foote as the owner and harbor permittee of the pier permit. The City Council Harbor Permit Policies, Section 10.B, states: 10.B "Whenever a permittee sells the abutting upland property, a request shall be made to the City to transfer the permit. Forms for this purpose may be obtained from the Marine Department. Failure to apply for a transfer within 30 days from the date that the abutting upland property changed ownership will result in an additional fee by the City." We are enclosing "Instructions for Pier Permit Transfer" and a transfer card. Please complete the card as indicated. The signatures of buyer and seller are required on the card. Please return the signed card to the City of Newport Beach, Marine Department and include a check for the $300.00 transfer fee. If you have any questions, please call (714) 644-3044. Sincerely, Wes Armand Harbor Inspector WA: la tranefer.form 3300 Newport Boulevard, Newport Beach PERMIT NO. /3ff/3 DREDGING APPLICATION Project Location: #13 Harbor Island Cubic Yards to be Dredged: 125 cubic yards Method of Dredging: Hydraulic Suction. Nature of Dredged Material: Sand / Silt D•i-sposition of Dredged Material: Pump, onto Adjacent Beach Method of Material Disposition:_ Pipeline Turbidity Control Method:Turbidity curtain as required Effect of dredging on contiguous bulkheading,and beaches Restores I, Lisa E. Miller , hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. Gordon Mc Donnell Shellmaker Inc. (Applicant -type name Contractor -type name) December 22, 1993 Signed: .(Date) Contractor s Representative C ,# T e Nvmpoer 8r. av �a g Sires s r till •fir �y � 0 I! T O . ,�c1•A 400 e .,tom d�,J � CMlriw aka o •Ic rI* �VVICINITYMIII �1T� i2ctiL� SKETCH � �*•• Nsrvsear PAtr, Cat ivensw =30' 3 p a 4�n SOa,2dOn9s Opp Wf ressed it, loei old Os pmole vv dmpioA s below AMeorr tower Low Wb firm. MotNwvAw ren�e e! lids a l�orti.wo>✓dr AV+7►e. ilorlor./.ire& ore teloflisAea, A 4;s . seefien elNew,~1 doj. tJ. S.O/�iPNCAD [ ia/E 1 r � 1 � � � � •� 1. _ _ .�1. MAMA' MOW "OE vet 14- -rtfAl u 80 A,�ao�2 51.AA) I C/ftVrs or n �ohna�/ er 3 ac�r. met :Z ./22ss / 3 f/�4 �Z � ! SL/F� rJ � e rb� e; Willer OArt Cirt OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACRJTY SHOWN ON THE REVERSE HEREOF, AT THE SITE MICATED, SUBJECT TO THE PROVISIONS OF THE HAMM PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECAL CONDITIONS LISTED HEREON. THIS PERMIT IS NWIRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL THE MGM ONEN UNDER THIS PERMIT ARE PERMISSIV- -,kt!Y AND THIS PERMIT MAY BkJIMICED BY THE CITY COUNuL IN ACCORDANCE VWW-TWj? OF THE,"ICIPAL CODE. IL CITY HARBOR COORDINATOR y k231f3 PERMIT NO. ' DAfE 0, 4 Z 144 - ADDREgrM-MILITY: PERMIT # ' BUYERS NAME(S) r MAILII'Ne4 DRESS t =' TELE HONE N0. FEE CHECK NO ATE I I '- DATES - APPLICATION IS HEREBY ADE TO TRANSFER HARBOR PERMIT OCHD `� - SELLERS'.NAME(S) - - - BUYERS hAME(( ) _ ENG (ABOVE NAMES To BE TYPED)1. ..4 { }y �COUNCIL $1G A SIG.NAT(tRE.O,T'tfRE Please detach and retain this statement for your records. j�T The attached check is payment for the items described below. Please notify us immediately if this is incorrect. 1 � O. ` 7 1 2 6 MARINERS ESCROW CORPORATION East Mezzanine • 4 Corporate Plaza • Newport Beach CA 92660 • (714) 640-6040 Escrow No.: 97573M Funds due you $ 300.00 12/07/93 Property: 13 Harbor Island Newport Beach, CA Lot: 13 Tract: 802 Seller: William D. Foote Buyer: Gordon R. McDonnell One-half pier transfer fee �EvV PORT CITY OF NEWPORT BEACH U P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Cq�,Fovk November 30, 1993 Mariners Escrow Box 8808 Newport Beach, Ca. 92658 Re: Harbor Permit 0139-0013-1 for the property at 13 Harbor Island Escrow # 9757-JM Sirs: Regarding a pier permit transfer for the property located at 13 Harbor Island, Newport Beach, the structure was inspected on November 24, 1993, at which time it was determined that it conforms to City standards. Once we have received the pier transfer card, signed by both the previous owner and the new owner, and the $300 transfer fee, we will be able to transfer the pier permit. Sincerely, Pes irmand Harbor Inspector 3300 Newport Boulevard, Newport Beach A;xo7 "-r- / i Cl r Y c r Nxvpo er h I uJ!•� �d 6 SiT� TEE 00 O i ear •*�' ®� r O R Q ,wc/oA D TTJJ Y_ A � ii „•.. �� c • A4 �4. °•� tCe•e.v O w e{• e•e� Cveli J(7TrVI/IM'T/ SKETCH i Cwsi N,wial►r DAY, CAL IFOiINI.A y` / JlYrY rr SDUn(y,nys ore �X,oressad rn YrWel and donofe dvPfhs be/ow Mcoh Lowe,- Loa Wof�r. Moxne.ci.n ronyr of 101'dc opprOz/n+o/e/y /O feef ya--bo.- ore e2jo6/r'shed J;j 7/h%s . scci.o.r O{A/ewOdW1 Bo/: X1Z-- /DOJe% ' gar /9! ' ,BA Y L / 4Je _ rl /4 ' /S -7l(�A 7- u So �. `/� ' /CA�JT5 1AA) La7- J BLK, 7-0AC7'�Z rAe-AV YLIJ rl 4J r3 J ® Ao®Ieess /3 /IAlZf�Q JSL-Aj COA17WACrb,* sq,K4f/fs oarESz7B� CITY OF NEWPORT BEACH U �eM P.U. BOX 1768, NEWTORT BEACH, CA 92663-3884 ct r 11./FpSX14 February 20, 1985 William Foote 4 Rue Deauville Newport Beach, CA 92660 Dear Sir: A check of the City's Harbor Permit files has revealed that the permit for the pier and float at 13 Harbor Island, Newport Beach is registered to Brian Lawrence. A transfer application must be completed and a transfer fee paid each time the permit has changed ownership. Chapter 17.24.030 of the Municipal Code addresses the transfer of a permit and reads as follows: "No person shall transfer a permit for a pier, float or similar structure granted under the provisions of this chapter without prior written approval of the City". Failure to pay the transfer fees can be grounds for revocation of the Harbor Permit in accordance with Chapter 17.24.090 of the Municipal Code. Your cooperation in bringing this permit up to date will avoid any action by the City. Yours truly, Tpny Melum Tidelands Administrator TM:db 3300 Newport Boulevard, Newport Beach State w California Edmund G. Brown )r , Governor 5-81-526 dp/deb California Coastal Commission SOUTH COAST DISTRICT 66th E Ocean Bled . Suite 310- Long Beach, CA 90801 (? 13) 540-50- 1 On January 20, 1982 COASTAL DEVELOPMENT PERMIT NO. 5-81-526 Page 1 of 2 The California Coastal Commission granted to Brian Lawrence, 3001 Redhill Ave., Bldg 5, Suite 222, Costa Mesa, CA 92626 this permit for the development described below, subject to the attacher- ttandarc and Special conditions. Demolition of existing dock, ramp, pier and piling and replace with new boat mooring facility. The development is located on privately owned Harbor Island in Lower Newport Bay. Harbor Island is entirely privately owned, including streets, with the exception of a 25-foot-wide area around the perimeter, which is public trust land owned by the County of Orange. SITE: 13 Harbor Island, Newport Beach, Orange Issued f on behalf o_. the California Coast !1 70mmi Isi n by \Jv V FT MICHAEL L. FISCHF Executive Director IMPORTANT: THIS 1'!L:RFAtz IS NOT VALID UNLESS AND 'UNTIL A CC' ^ERPAIT WITH THE SIGNED ACI:':� _ %S BEEN RE- TURNED TO THE LUMt::ISSION OFFICE. ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. Date Signature of Permittee 5/81 Coastal Development Permit No. Page STANDARD CONDITIONS: 5-81-526 1. Notice of Receipt and Acknowledgement. The permit is not valid and construction shall not commence until a copy o° e pe unit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. fxpiratior. If construction has not commenced, the permit will expire two years from the date on which the Corwrissio• votez on the application. Construction shall be pursued in a diligent manner and completed in a reasonable period c` time. Application for extension of the permit must be made prior to the expiration date. Con„liance. All construction must occur in strict compliance with the proposal as set forth in the applicatior fo- perrit, subject to any special conditions set forth below. Any deviation frorr the approved plans must be reviewer ant approved by the staff and may require Commission approval. C. Inter. retatior. Any questions of intent or interpretation of any condition will be resolved by the Executive Directc. or the �omr155'.6r. Ins^emotions. Tne Comri ssion staff shall be allowed to inspect the site and the development during construction, sub e-t tc 24-hour advance notice. f. Assig n ert. The perrrit may be assigned to any qualified person, provided assignee files with the Commission an as adavit accepting all terms and conditions of the permit. 7. Ter.rs anc Conditions Rur with the Land. These terms and conditions shall be perpetual, and it is the irtertion of the om',ssior and the permittee to bind all future owners and possessors of the subject property to the terms ant conditions. None / NAME , ADDRESS OF PROP�o�ii�ce CILITY PERMIT $ 13 Harbor Island /. MAILING ADDRESS TELEPHONE NO. FEE CHECK NO. DATE 3001 R-00 5 0 Ave. 675-9508 10A0A 9 APPROVED B : &AT APPLICATION IS HEREBY MADE FOR HARBOR PERMIT iD �A T) 7 G%NWP 9Wr/REVISE A an(j Pi Pr ENGR CV� !Ci AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING COUNCIL ❑ By TrE-113 tT s� B ❑ FtQ �T. COMPANY 8/27/81 .PUBLIC WORKS DATED— DEPT. 7 1 O 9/y /81 ESCROW ❑ DATE INSPECTION / SIGNATURE SC Ecc 0 1-, Z - - �z 1:5'sve'z ❑ SPECIAL CONDITIONS: - I CITY OF NEWPORT BEACH, CALIF, (I WX FORM 6B-`0 STATE OF CALIFORNIA—STATE LANDS COMMISSION EDMUND G. BROWN JR., Governor STATE LANDS COMMISSION 1807 13TH STREET y. SACRAMENTO, CALIFORNIA 95814 October 13, 1981 File Ref.: SD 81-08-27 Mr. Samuel F. Kniss Trautwein Brothers Waterfront Construction 2410 Newport Blvd. Newport Beach, CA 92660 Dear Mr. Kni ss : •� Subject: Revision of an existing dock for Mr. Brian Lawrence at.No. 13 Harbor Island, Newport Beach, California. Cr1 ; 91981 City o ;ty Ma ... 2 .-or1 The staff of the State Lands Commission has recieved your.letter of August 27, 1981 and copies of the permit drawing relative to the reconstruction of your client's dock, deck, pier and ramp at No 13 Harbor Island in Newport Bay. This is to advise that the tide anal submerged lands.over which the proposed -project -will extend are sovereign lands of.the State of California that the Legislature granted in trust_to the City of 'Newport Beach. Therefore, you need not apply to the State Lands Commission for project authorization. You: should, however, apply to the City of Newport'Beach for any necessary permits or approvals. You should also apply to all other agencies having approval authority. This action does.not constitute, nor shall it be construed as, a waiver of any right, title,.or,interest by.the..State of California in any:lands under its jurisdiction. Very truly yours, JUDY LUDLOW Land Agent (916) 445-71.34 JL:bk cc: California Coastal Commission South Coast District 666 East Ocean Blvd. Room 3107 Long Beach, CA 90801 Attn: Nancy Lucast, District Director cc: Robert L. Wynn City Manager City of Newport Beach City Hall 3300 Newport Blvd. Newport Beach, CA 92660 cc: Mr. Brian Lawrence 3001 Redhill Avenue Bldg. 5.Suite 222 Costa Mesa CA 92626 C/ r Y cN' Nzvpo�er dEAct1 �0-6 8 St7�5 loo ' t iI N Ara dr.0 /LAVO D I L ; t•t•.vA NN ikn- 0 ce- • ILL M•� /20r-1 VICINITY SKETCH Nlwive wr ISAy CAL woOLN/A So[/nd�nys oiI s.rpicssr•d in f•sf and di..o><e dsP//+a be/ow A',00/7 Gorve. zam, Wofer. Moxi..'C'em, tong• of /O !'cf !/oibo.- /.i7es Ore ta�ob/�'sbrd in �h:s . s�cfio.r o{Ner✓Po.f Bob: rl �I II I I I r i MARINE REPARTMEN \� I 33 CITY HALL NEW ONT BEACH. NEWPORT CA 9=1 �� South coamt District Office ep SAL I I I I I Pe I T2AT u e 80 A vi2 St��cJ I To O 8/I z 9 /CAaJTS 13kl'4N L�tua �c� LoT BLK. �— 7-0ACr�Z— _/ a Am Bess / 3 �'/�► !� 1 SL e T�rtO��� rA e CsnvT7� FIA)rom C1 ,S,I� jj( �ie�/ sS ,Q 7 OA -e Z g/ o .-0 U rJ O F 0 Trautwein Brothers *2410 Newport Boulevard Newport Beach, CA 92660 Attention: Samuel Kniss N G E ENVIRONMENTAL MANAGEMENT AGENCY REGULATION 400 CIVIC CENTER DRIVE WEST FILE SANTA ANA, CALIFORNIA (714) B34-2626 NOV 2 31981 MURRAY STORM DIRECTOR, EMA H. J. KR12AN DIRECTOR OF REGULATION MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702 Application Reference No. [81]01740(HE) Your request for a permit to use property under the jurisdiction of the Board of Super- visors has been: ❑ Received and is presently being reviewed by this agency's Public Property Permits Division. Upon completion of our review, you will be notified of the results. ❑ Received by this agency's Public Property Permits Division. In order to complete our processing, please provide the following: ❑ Accepted and will be approved by this agency's Public Property Permits Division, subject to execution of the enclosed permit by the permittee, or an authorized representative. Please return all copies for final processing by this office. An approved copy will be returned to you for your records. ® Approved subject to your compliance with the provisions of the enclosed fully executed permit. Inspection services shall be arranged, as noted in the permit, prior to com- mencement of the permitted use. Any questions regarding our permit procedures may be directed to the person whose name and telephone number are noted below. Greg Walen Division Representative RDB:am 834-5707 Representative's Telephone Number R. D. Burk, Manager Public Property Permits Division F0250-611 (7/81) PERMITTEE INSPECTION OFFICE I 834-3488 COUNTY OF ORANGE PHONE ENVIRONMENTAL MANAGEMENT AGENCY 400 CIVIC CENTER DRIVE WEST REGULATION/ PUBLIC PROPERTY PERMIT DIVISION SANTA ANA, CA. MAILING ADDRESS TELEPHONE: 834-2626 PERMIT P.O. BOX 404E AREA CODE 714 SANTA ANA, CA. 92702 1. PERMIT DATA 675-9508 PERMIT NUMBER [811 01740 HE PERMITTEE: Brian Lawrence 3001 Red Hill Avenue, Bldg. 5, Ste. 222 ROAD OCFCD Costa Mesa, CA ---,X—OCHBPD OTHER EFFECTIVE DATE NOV .2 31981 FACILITY EXPIRATION DATE IDENTIFICATION: Newport Tidelands; 13 Harbor Island See Special Provision B R/W CLASSIFICATION Compliance with Environmental Quality Act Categorically exempt A 2. PERMITTED USE , Permittee is hereby authorized use of county property as follows, subject to provisions on reverse hereof and attached hereto: To transfer ownership of and to reconstruct a recreation pier at 13 Harbor Island, as shown on attached plan. TB: 31 E-6 3. PERMITTEE'S ACCEPTANCE Permittee accepts permit and agrees to comply with and be bound by the terms thereof. 0 PERMITTEE 4. REVIEW BY COUNTY COUNSEL 5. CONSIDERATION Permit Fees$100.00 (1061-738—JX) (NTL275) Approved as to form: Surety. Not regld. Insurance See Spec.Prov.F. DEPUTY 6. APPROVAL (Permit not valid unless executed by either A or B) A. APPROVAL BY BOARD OF SUPERVISORS B_ APPROVAL BY E.M.A. Approved by Board of Supervisors of the County of Approval by authorized representative of Environmental Orange. Management Agency pursuant to authority delegated by fhe Board of Supervisors by Resolution or Ordinance Title 2, Division 2 Codified Ordinances No. adopted CHAIRMAN, BOARD OF SUPERVISORS DATE NOV 2 3 1981 ATTEST -CLERK DATE AUTHORIZEDRtP ESENTATIVE DATE iV 2011 40PI130 100.66 + 7 CASHIER DATE RECEIPTNO. . PERMIT FEE 10 U." m -.r CODE PLAN CHECK TOTAL STANDARD PROVISIONS 1. Permits issued by this Agency are pursuant to the authority vested by the Board of Supervisors for the County of Orange, Orange County Flood Control District and Orange County Harbors, Beaches and Parks District, any one or all of which are here- inafter referred to as County. .2. Permittee agrees to save County, its agencies,, districts, etc:, including its officers, agents or employees, harmless from any and all penalties, liabilities or loss resulting from claims or court actions, arising directly or indirectly -out of any •damage or injury to persons or property by reason of the acts or omissions of Permittee, its agents, employees or independent contractors, in exercising any of the privileges herein granted or in consequence thereof. 3. Should any damage or injury to the County works occur, either through the acts of agents, servants or employees of Permittee or by any independent contractor of Permittee in the exercise of the rights, herein granted, Permittee shall immediately, upon the written demand of County, restore such works to the condition of same on the date of the occurrence of said damage or injury at Permittee's cost or expense. The question as to whether or not any such damage or injury has been caused to the works shall be determined by the Director of the Environmental Management Agency and his determination shall be final. 4. County reserves the right unto itself to perform any work, upon any portion or all of the area covered by this permit, or to do any other work necessary at any time. Such work may be performed without incurring any liability of any nature whatsoever to the Permittee. It is further understood and agreed that County reserves unto itself the rights of ingress and egress over all or any portion of the subject area. 5. Neither this permit nor any of the rights herein granted shall be assigned without the prior written approval of County. 6. By acceptance of this permit, permittee acknowledges and assumes all responsibility for compliance with requirements of other regulatory governing agencies including but not limited to zoning regulations, applicable ordinances and laws, etc., of the County of Orange, the State of California, or others having regulatory control over the use granted herein. ` 7. A copy of this permit and approved plans, if applicable, shall be maintained at the site of work and be shown to any authorized representative of the County or other reg- ulatory governing agency upon request. 8. Concurrently with -the processing of this permit application, permittee shail deposit fees and surety, if required, in the `amounts as specified. 9. No access or. work shall be performed within County right-of-way without the full knowledge of assigned inspector, who shall be given not less than 24 hours advance notice of the initiation of permitted use either by telephone, or by written notice delivered to this office during normal work days and hours. Said notice shall include the name and telephone number of Permittee's authorized representative responsible for coordination and supervision of the permitted use. Permittee further agrees that all operations within County right-of-way shall be subject to the operations of County and other authorized Dersons and under the control and to the satisfaction of County inspector. . 10. This permit may be immediately revoked for reasons in the best interest of the County . including violation of permit provisions or other applicable rules and regulations or for the creation of a nuisance upon notice given by the Director of the Environmental Management Agency or authorized representative. In the event of such revocation, Permittee shall immediately cease all operations and restore County right-of-way as directed by assigned inspector. COUNTY OF ORANGE - :NVIRONMENTAL MANAGEMENT AGES' REGULATIONXENTRAL PERMIT DIVISIU.a [81]01740(i]E) ` Permit SPECIAL. PROVISIONS of Page 1 of 2 A. County hereby grants to permittee the right to use and occupy a portion of those lands, commonly referred to as "Tidelands", conveyed to County of Orange on May 25, 1919, by Act of Legislature of the State of California. Further, this permit is issued subject to Title 2, Division 2 of the Codified Ordinances of the County of Orange; however, validation of permitted use is subject to approval of the Coastal Commission, U. S. Army Corps of Engineers and the City of Newport Beach. B. This permit may be revoked in accordance with Section 2-2-151 of previously mentioned ordinance. All rights of permittee and those who claim under per- mittee, stemming from this permit, shall end at the time of such termination. In the event of such termination, permittee forfeits and waives any and all claims or rights and shall remove permitted facilities. C. Permittee agrees that upon notification from the Director of the Environmental Management Agency, or his designated representative, to relocate, reconstruct, modify or remove subject floating dock and ramp, at no expense to county, if such installation interferes with future development, operation or maintenance of County Tidelands area. D. If litigation.is required by county to enforce the terms of this permit be- cause of breach or default by permittee, county shall be entitled to recover from permittee attorney's fees, as fixed by the court, including all costs of the services of the office of County Counsel. E. Permittee shall keep and maintain the permitted facilities in good and sub- stantial repair and conditions. All improvements shall remain the property of permittee during the terms of this permit. County shall have no obligation to permittee for the condition of the improvements. Permittee shall make all necessary repairs or improvments, including, but not limited to the maintenance of piers, moorings, buoys, walkways, plumbing and electrical installations (including lighting). Permittee further agrees to keep the area free and -clear of rubbish, debris and litter at all times. F. Pemittee shall provide the county with verification of combined single limit insurance in the amount of Five Hundred Thousand Dollars ($500,000) for public liability and property damage, from an insurance company satisfactory to county, in which the County of Orange, Orange County Harbors, Beaches and Parks District and the State of California shall be named as additional insured with permittee. The insurance verification certificate must contain a clause requiring the in- surance company to give county thirty-(3fl) days written notice prior to any change in insurance coverage. Property coverages must contain'a standard subrogation clause. Evidence of workers' compensation insurance must be given. This permit shall not be effective until evidence of such insurance is approved by the office of the county counsel and filed with this office. The insurance certificate shall refer to this permit application number and be mailed to Orange County EMA/Regulation, Public Property Permits, Post Office Box 4048,. Santa Ana, CA 92702 a F0250-212 57-10/79 COUNTY OF ORANGE - ENVIRONMENTAL MANAGEMENT AGE ` Y REGULATION/CENTRAL PERMIT DIVISivN SPECIAL PROVISIONS (81101740(HE) Permit No. G. Permittee acknowledges that county tidelands utilized under this permit are for the recreational use of the fee owners or long-term lease holders of the adjacent uplands and if the facilities are rented, leased or used in any manner for applicants financial gain, permit will be automatically forfeited. H. This permit is not subject to transfer, assignment, alienation, pledging or hypothecation; any change in -ownership requires a new permit. I. All facilities covered by this permit shall be maintained in good repair and failure to comply will be cause for cancellation of this permit. J. Any improvement is limited to a single pier and float or slip bayward of each parcel or lot. K. County has adopted a policy for the renting of tidelands to the adjacent property owners. The area covered by this permit will be subject to the fee so established by Resolution 75-1096. L. Construction of any other improvements on the county tidelands, including bulkheads, walks, decks and retaining walls is prohibited. ® Fozsa21z 57-10/79 ' LOCATION l3 dr1-,e PERMIT # Seller j� �/ A�) Buyer ���✓ Date Application Rec'v: Date Fee Rec'v• Oral Request for -Inspection Escrow Co. Ngu�2c4r-f /fie* Date Escrow Officer Escrow # Date Inspection Made - Date Deficiency Letter Sent (if applicable) Date Deficiency Corrected (if applicable) Date Orange County Notified (if applicable) Date Transfer Completed 1. Location: 2. Plumbing: 3. Electrical: 4. Structural: REMARKS:. Q9-t� Inspector's Initials AIEWPORr 201 V ; kvi ai d � k;. l,c;:s,-..•fir ..�'i�rv' 'r...wLl �'(i �:. h.l.i � 6 �`JQ r-fir �`, _ ��� � ,3 � }"� ai5' �. � .n.-r�.s err,.+1+`e�lj✓ �'e:? ems... y.r . ,>����a"�a,�: " .'Y�.7�d'.'i <;ri .G e' :t: <;.r r /: �: r�%F3a::/ . ��� �f'f �� ,°,i'�;=:'rr'as� � �` :",✓,:.:�r'._�r't` ,�-� DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES. CALIFORNIA 90053 IN REPLY REFER lU SPLCO-R Mr. Sam Kniss - Trautwein Brothers 2410 Newport Blvd. Newport Beach, CA 92660 SUBJECT: Revise an Existing Dock for Brian Lawrence Dear Mr. Kniss: 9 October 1981 Thank you for your letter of 27 September 1981 notifying us of your intent to construct a modification of a boat dock at 13 Harbor Island, Lot 13, Tract 802. Your drawings have been reviewed and generally conform to the provisions of General Permit GP004 for privately owned boat docks in Newport Bay Providing you have complied with State and local laws you may proceed with the work. Your proposed work has been assigned General Permit No. GP 004-123 If you have any further questions, please feel free to call our Regulatory Branch at (213) 688-5606 and refer to this number. A copy of the General Permit is inclosed. , Sincerely, 1 Incl W. H. MAHONEY As stated Assistant Chief, Construction - Operation Division LA FL 537A AUG 81 STATUS SHEET HARBOR PERMITS LOCATION New PERMIT NO. Revision APPLICANT NAME Dredging CONTRACTOR Date Rec'v 9•-/��/ Fee Amt. //jam Fee Processed Date Reviewed by Marine Dept. Approved Denied Corection Required - Description City Council: /v"' Approved Denied Remarks DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC SARWQCB 1. Application 2. Consent Ltr. 3. "Waste" Ltr. 4. Drawings 5. Staff Report 6 . ,.�✓,�/.�= ��. yak //-30— �l 7. 8. REMARKS J.H.C. OR. CTY. T.I.C. DATE FINAL INSPECTION � 2410 Newport Boulevard Newport Beach, California 92660 WATERFRONT CONSTRUCTION Telephone (714) 673-1960 Contractors license No. 258973A To: Brian W. Lawrence 3001 Redhill Avenue Bldg, 5, Suite 222 Costa Mesa Re- New Dock, Ramp, Pier, and Piling at No. 13, Harbor Island Dear Mr T.awrenrp For your convenience and to expedite the processing of the permits, etc. that are necessary to the above project, I can sign for you as your agent on all such documents. If this is your desire, please endorse below. Please retain one copy for your files. Sincerely, TRAUTWEIN BROTHERS Sam Kniss I authorize you to act as my agent on the above project. Signature 81o;Dle/ Date A TO: 1 Attention: Escrow Nora' OPTION AGREEMENT AND ESCROW INSTRUCTIONS W This Option Agreement and Escrow Instructions ("Agreement") is made by and between WILLIAM W. BROWN BROWN, husband and wife as joint tenants ("Seller") BRIAN W. LAWRENCE, unmarried man ("Buyer"). Seller and Buyer are �some Ines resnafter singularly referred to as a "Party" and collectively referred to as the "Parties". R E C I T A L S A. Seller is the owner of a certain parcel of real property located in the City of Newport Beach, California, and more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein ( the "Property") . B. Seller desires to grant to Buyer an option to purchase the Property upon the terms and conditions hereinafter set forth. In consideration of these Recitals and the conditions and covenants hereinafter contained, IT IS AGREED: 1. GRANT OF OPTION. In consideration of the Option Money (as defined in Section 3(a) below), paid in accordance with Section 3(a) below, Seller hereby grants an option to purchase the Property to Buyer (the "Option"), and Buyer hereby accepts the grant of the Option in accordance with, and subject to, the terms and conditions contained in this Agreement. IT: 5/26/81 ----.� A 2. EXERCISE OF OPTION. 'j (a) The Option may be exercised by Buyer, if at all, at any r' time after October 12, 1981, by delivery of an executed copy of this document to First American Title Insurance Company, Santa Ana, CA ("Escrow Holder") not later than three (3) business days prior to the Scheduled Closing Date (as defined in Section 6 below), in the above -referenced escrow to complete the purchase and sale of the Property. By such deposit, Escrow Holder is authorized and instructed to act in accordance with the provisions of this Agreement and with the Escrow Holder's standard general provisions, if`any, which are attached hereto as Exhibit "B" and by this reference incorporated herein. In the event of conflict between the terms of such standard general provisions and the terms of this Agreement, the terms of this Agreement shall prevail. (b) If Buyer (i) has not paid the Option Money required by Section 3 hereof on or before the dates required by the terms of said Section 3 or (ii) has not deposited a copy of this Agreement with Escrow - Holder not later than one (1) business day prior to the Scheduled Closing Date, the Option may not be exercised, and shall immediately expire and be of no further force or effect. (c) Upon expiration of the Option under this Section 2, neither Party shall have any liability or obligation to the other Party to this Agreement, and Seller shall retain the Option Mooney. 3. OPTION MONEY. (a) The term "Option Money" as used herein shall mean the sum which, if Buyer desires to keep the Option in effect, shall be paid outside of Escrow to Seller not later than five (5) business days after Buyer approves the Prelim (as that IT: 6/2/81 -2- w term is defined in Section 5(b) below), but not sooner than June 12, 1981. (b) The Option Money so paid to Seller shall be credited to the Purchase Price of the Property due Seller upon the close of escrow as set forth in Section 4,-below. 1. R 4. PURCHASE PRICE. The purchase price of the Property shall be (the "Purchase Price"). The Purchase Price, less the Option Money previously paid Seller shall be delivered by Buyer to Seller at the close of escrow as follows: (a) Buyer shall assume the existing first trust deed of record in favor of the Kansas State University Foundation (the "First.Note") which secures a promissory note which, at the close of escrow will have an approximate unpaid principal balance of Seller warrants that Seller will not be in default on the First Note'at the close of escrow. (b) Two promissory notes in the amount of - and it respectively, in form identical to Exhibit "C" and "D" attached hereto and by this reference incorporated herein (the "Second Notes"). The Second Notes shall be secured by a deed of trust in form identical to Exhibit "E" attached hereto and by this reference incorporated herein (the "Deed of Trust") . (c) Buyer shall assign to Seller, without recourse, a note executed by Diversified Financial Consultants, Inc, in the face amount of a copy of which is attached hereto as Exhibit "F" and by this reference incorporated herein IT: 6/2/81 -3- ;> (the "La Quinta Note"). Buyer shall be credited with jM� towards the purchase price of the property in consideration for the assignment of the La Quints Note. Buyer shall also deliver to Seller at the close of escrow an assignment of the deed of trust which secures the La Quinta Note. f (d) The remainder of the purchase price shall be paid in cash at the close of escrow. 5. TITLE. (a) Buyer's duty to perform hereunder, after exercise of the .� Option, is contingent only upon title to the Property being insurable -as free and clear of all liens, encumbrances or other clouds on title to the Property, except: W Non -delinquent general and special taxes for the fiscal year in which the close of escrow occurs; (ii) Exceptions 2 through 7 as shown on a preliminary title report prepared by Chicago Title Insurance. Company, Tustin, CA, dated May 15, 1981 (the "Prelim"). (b) Seller shall place no exceptions of record on the title to the Property after the date of the Prelim, without the prior written consent of Buyer. .6. ESCROW. (a) In the event Buyer exercises his option, escrow shall close, and the appropriate documents shall record on October 15, 1981, or any other date matually agreed upon in writing by the Parties hereto LT: 6/2/81 -4- (the "Scheduled Closing Date"). Seller, Buyer or Escrow Holder, as applicable, shall perform the following duties prior to the close of, escrow: (i) Seller shall have delivered to Escrow molder an'.' executed Grant,Deed to the Property in recordable form conveying the Prcperty to Buyer. (ii) Escrow Holder shall be in a.position to obtain from Chicago Title Insurance Company a standard form CLTA policy of title , insurance insuring Buyer's title in the Property in the amount of the Purchase Price of the Property as set forth herein, showing title to the Property vested in Buyer or nominee, subject only to those exceptions to title described in the Prelim, or as otherwise described in Section 5 hereof. (iii) Escrow Holder shall hold for the account of Seller good funds in the aggregate amount of the Down Payment, less the Option Money. (iv) Escrow Holder shall hold for the account of Seller the executed Second Plotes and the executed and acknowledged Deed of Trust. (v) Escrow Holder shall hold.for the account of Seller the La Quinta Note endorsed to Seller, without recourse, the La Quinta Deed of Trust, and an assignment of the La Quinta Deed of Trust in recordable form. (vi) Buyer shall have deposited with Escrow Holder money sufficient to cover the Closing Costs for Buyer (as described in Section 7(b) below). -5- --w ,,. (b) At such time as performance has occurred pursuant to ( Section 6(a) above, Escrow Holder shall cause the recordation of the Grant Deed, the Deed of Trust and the Assignment of the La Quinta Deed of Trust and shall imme#ately deliver to Seller the net proceeds frpm the sale of the Property, the Second Notes and the La Quinta Note. 7. PRO -RATIONS AND CLOSING COSTS. (a) Real property taxes on the Property and special assessments if any, for the current fiscal year shall be prorated to the close of escrow. (b) Closing costs shall be those costs incurred in conjunction with closing escrow and shall be divided equally by the parties. 8. NCN-EXCLUSIVE LICENSE. Seller hereby grants to Buyer, its agents and employees, a non-exclusive license to enter upon the Property for the purpose of conducting an investigation of the Property and for no other purpose.. Buyer agrees to indemnify and hold Seller harmless from all cost, liability and expense, including attorneys fees and legal costs and mechanics or other liens, resultant from the entry upon the Property by Buyer, its agents and employees pursuant to the non-exclusive license granted to Buyer hereby. Nothing contained herein shall be construed to allow Buyer, its agents or employees to perform work at the Property, nor obligate Seller to deliver possession of the Property to Buyer prior to the close of escrow. 9. BROKERS AND FINDERS. Seller and Buyer each represent to the other that Seller and Buyer shall each indemnify and hold the other harmless from and against any third party for a brokerage commission or finder's fee based upon an agreement by Seller or Buyer, or their agents, with any. such third party. LT: 6/2/81 -6- 10. EXHIBITS. All Exhibits to which reference is made herein are / deemed inooxporated into this Agreement, whether or not actually attached hereto. 11. AMENDMENT. This Agreement may only be amended by the written consent of all of the parties to this Agreement at the time of such E amendment. 12. BIDDING EFFECT. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and ,-heir respective heirs, successors, legal representatives and assigns.. ' 13. CAPTION HEADING. Captions at the beginning of each numbered w section of this Agreement are solely for the convenience of the parties and shall not be deemed part of the context of this Agreement. 14. ATTORNEYS FEES. Should any litigation be.eomrmnced between the parties hereto or their personal representatives concerning any Provision of this Agreement.or the rights and duties of any person in, relation thereto, the party prevailing in such litigation shall be entitled, in addition to such other relief that may be granted, to a reasonable sum as and for their or his or its attorneys fees in such litigation. 15. GOVERNING IAW. The validity, interpretation, and performance of this Agreement shall be Controlled by and construed under the laws of. the State of California. The parties hereto hereby consent to the jurisdiction of the California courts, with venue in Orange County, California. 16. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto, and supersedes any prior written or oral agreement between said parties or their agents or purported agents -7- 14 concerning the subject matter contained herein, including all offers, and counteroffers and acceptances made prior hereto. There are no representations, agreements, arrangements, or understandings, oral or written between and among the parties hereto, relating to the subject natter contained in this Agreement, which are not fully expressed herein. f 17. COUNTERPARTS. This, -Agreement may be executed in counterparts, each of which shall be deemed to be an original, but such counterparts, when taken together, shall constitute but one agreement. 18. NEGOTIATED TRANSACTION. The provisions of this Agreement were negotiated by all of the Parties hereto and said Agreements shall be .. deemed to have been drafted by all the Parties hereto. 19. AGRE21ENT INDEPENDENT OF ESCRCtiV. The rights and obligations of each Party herein.set forth and agreed to be undertaken have been made in and under this Agreement, independent of Escrow Holder. If any requirements relating to the duties of the Escrow Holder hereunder are _ not acceptable to the Escrow Holder, or if the Escrow Holder requires additional instructions, the Parties shall make such deletions, substitutions and additions to this Agreement as may be reasonably required by Escrow Holder, and which do not substantially change the letter or intent of this Agreement. 20. NOTICES. All notices required to be given under this Agreement Shall be in writing and shall be transmitted either by personal hand delivery or through the facilities of the United States Post Office, postage prepaid, certified or registered mail, return receipt requested. Any such notices shall be effective upon delivery, if hand delivered, and forty-eight (48) hours after dispatch, if mailed in accordance with the above. Notices to the respective parties shall be sent to the CM following addresses ­nless written notice of a change of address t3as been given pursuant hereto: 'r If to Seller: William W. Brown Rosemary S. Brown �. =` 127 Harbor Island Road - Newport Beach, CA 92660 If to Buyer: Brian W. Lawrence 3001 Red Hill Avenue Bldg. V, Suite 222. Costa Mesa, -CA 92626 With Copy to: Larry Tucker, Esq. , Tucker & Boortz 250 Newport Center Drive Suite 305 Newport Beach, CA 92660 by Buyer this 2 day of .���c-� , 1981, at Newport Y EXECUTED Beach, California. BUYER: Brian W. Lawrence. EXECUTED1981, at Newport by Seller this day of ���z _� Beach, California. _ SFT,T.R�_ ., /". if.Y�.t r�• . Brown �rV S. Brown �L .RCEL11: Lot 13 of Tract No. 802, as shown on a map recorded in Book 24 Page 7-MMoco �j PARCEL 2: A strip of land bounded on the North by the South line of :got 13 of Tract No, 802, as shown on a map recorded in Book 24, Page 7 of MMOCO, on the South by ' the line of ordinary High tide'of the Pacific Ocean of Newport Bay of the Easterly and Westerly sides by the prolonged side lines of said lot to said line of ordinary high tide. 1c , 7 EXtIf01T ,", CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 640-2156 October 29, 1980 Newport Balboa S&L Association 1100 Irvine Avenue, Westcliff Newport Beach, CA 92663 Attention: Joanne RE: ESCROW #181 Dear Joanne: The.City of Newport Beach has received an application to transfer pier permit #139-13 for the property located at 13 Harbor Island. The structure was inspected on October 21, 1980, at'which time it was determined that the following deficiences exist: 1. Needs City approved continuous pressure antisyphon device on water line to dock. Please advise this department when the above installation has been made. As you were advised, we will need an additional $10 for transfer of this permit. If you have any questions regarding the above, please do not hesitate to'call. Thank you for your cooperation. Sincerely, Tony Zeum Tidelands Administrator MARINE DEPARTMENT TM:ak t