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HomeMy WebLinkAbout105 Bayside PlF .XS D CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 February 13, 2009 West Coast Escrow Fax# 949-721-5010 Re: Pier Permit #105-105 105 Bayside Place Escrow # ST-03448-JR Dear West Coast Escrow, The City of Newport Beach has inspected the above pier and found it to meet City standards. Once we receive the application signed by the buyer and seller the pier will be transferred. Thanks for your help and if you require further assistance in this matter please call. Sincerely, GJBR N/ &V Lisa Walters Harbor Resources Division HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 **Date of Applicaton: C)-10 o Permit Number: /D5-j c)j "Property Address: 105 Bayside Place, Corona del Mar, CA 92625 'Buyer's Names: RN Properties Limited Partnership Billing Address: 2555 E. Camelback Rd., Phoenix, AZ 85016 Telephone No.: Buyer's Signatures **Seller's Names: Seller's Signatures: Joint Owner Signature: "Escrow Company: **Address *"Escrow Number: Closing Date (Estimate): L46 Michael J. Ruffatto West Coast Escrow 140 Newport Center Dr., #100, Newport Beach, Ca 92660 ST-03448-JR *"Fax #: 949 721 5010 3-9-09 *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. Inspection Date: :>-11 10q09 Reinspection Date: Fee Paid: heck No: ,)7(oo7 Application Complete: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. s wpp�, 'R t app . HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 **Date of Applicaton: Permit Number: **Property Address: 105 Bayside Place, Corona del Mar, CA 92625 **Buyer's Names: RN Properties, LLC Billing Address: 2555 E. Camelback Rd., Phoenix, AZ 85016 Telephone No.. - Buyer's Signatures: "Seller's Names: M hae °ffatto Seller's Signatures: Joint Owner Signature: "Escrow Company: west Coast Escrow "Address 140 Newport Center Dr., #100, Newport Beach, Ca 92660 "Escrow Number: ST-03448-JR **Fax #: 949 721 5010 Closing Date (Estimate): 3-9-09 *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS: Inspection Date: Fee Paid: Reinspection Date: Check No: Application Complete: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. WEST COAST ESCROW Date: City of Newport Beach Marine Department 829 Harbor Island Drive Newport Beach, CA 92660 Attention: Inspector Escrow N ST-03448—JR 140 Newport Center Drive #100 Newport Beach, CA 92660 Phone (949) 721-5000 Fax (949) 721-5010 Please be advised that we have an escrow in process for the property located at 105 N. Bayside Pl., Corona del Mar, CA 92625 Enclosed please find our check in the amount of $ 444.00 representing your inspection fee. fondly complete your inspection at your earliest convenience, and forward your written report to our office. We in turn will provide copies to the Buyer, Seller and Real Estate Agents. SIGNATURES TO FOLLOW ON THE TRANSFER APPLICATION.... At the close of escrow, we will forward the completed pier transfer card to you, along with an additional check for $ —0— advise if any Please do not hesitate to call if you need any additional information. Thank you. Sincerely, Jan Reagan Escrow Officer, Manager INSPECTION FORM Harbor Resources Department Date: 1 (C) G:>q Inspection Requested By: Inspector:. Don Duffy`�� (� Pier Address: 105 yS`iA-, � ce /Pier Transfer GFI Present Anti -Siphon / Backflow Present Other Comments Eelgrass Reinspection Yes Need None Need - Yes Need m A Date Time Eelgrass Within 15' of Project ❑ Eelgrass Within 15' • 30' of Project No Eelgrass in Project Area Pump Out Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request WEST COAST ESCROW March 5, 2009 City of Newport Beach Marine Department 829 Harbor Island Drive Newport Beach, CA 92660 RE: 105 Bayside Place, Corona del Mar, CA 92625 Dear Inspector, 140 Newport Center Drive #100 Newport Beach, CA 92660 Phone (949) 721-5000 Fax (949) 721-5010 Email: Jan. Reagan@westcoastescrow.com Escrow No.: ST-03448-JR Harbor Permit Transfer Application signed by the Buyer and Seller, regarding the above property. If you have any questions, please do not hesitate to contact our office. Your Escrow Officer e-mail address is Jan.Reagan@westcoastescrow.com Sincere) , an Reagan Escrow Officer JR ICS Sent via mail 107 Bayside Place Corona del Mar, California 92625 6 February, 2008 Mr. Tom Rossmiller, Manager Harbor Resources Division City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92660 Dear Mr. Rossmitler: Thank you for your letter dated January 24, 2008, which was in response to my letter mailed to you on 4 September, 2007. This correspondence concerns the location of the floating dock serving 109 Bayside Place 1 appreciate the research and investigation that was done to determine the facts in this situation, many of which had been previously unknown to me. The timing of my request was at the suggestion of a member of the staff of the Harbor Resources Division, who recommended that such request be filed at the time that the property at 109 changed hands. Accordingly, the request was sent as soon as it could be determined that the escrow had closed. If the conclusions which you have drawn are correct, the floating dock serving 109 will remain or be replaced in its present location, which extends over the line between 107 and 109. For the benefit of possible future owners of 107 and 109, it might be helpful if some reference to the applicable judgment could be incorporated in future permits so that possible future owners would not fall into the same misunderstanding of the situation. Thanks again for all your efforts. �y truly yours, Join . McDonald cc: Jay Moss ST�,TE OF CALIFORNIA -THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor :t CALIFORNIA COASTAL COMMISSION South Coast Area Office Page 1 Of 7 200 Oceangate, Suite 1000`� b Long Beach, CA 90502-4302 Date: May 17, 2007 (562)590-5071 Permit No: 5-06-193 COASTAL DEVELOPMENT PERMIT On January 10, 2007, the California Coastal Commission granted to Michael Ruffatto and John Mc Donald Coastal Development Permit 5-06-193, subject to the attached Standard and Special Conditions, for development consisting of: Remove an existing dock system and install a new shared dock system consisting of: a 6' x 116' pier approach and a 12' x 16' pier platform with fourteen (14) 10" diameter steel piles coated with NSP-120, a 3' x 24' gangway, a 5' x 45.' center finger, a 5' x 25' lobe on the left finger, a 4' x 26' finger with a 4' x 13.5' backwalk on the right side of the center finger, and six (6) 12" diameter steel pile coated with NSP-120. The docks will be composed of Douglas fir and Trex decking. The project will directly impact 2.4 square feet of eelgrass that will be transplanted on -site at a 1.2:1 ratio. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 106/107 Bayside Place, Newport Beach. Issued on behalf of the California Coastal Commission on May 17, 2 7. PETER DOUGLAS By: Executive Director Itle: C stal ro ram Analyst ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818,4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any permit ...." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a). Date Signature of Permittee COASTAL DEVELOPMENT PERMIT No. 5-06-193 Page 2 of 7 Please sign and return one copy of this form to the Commission office at the above address. STANDARD CONDITIONS 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: 1. NATIONAL MARINE FISHERIES SERVICE (NMFS) PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, applicants shall provide to the Executive Director a copy of a permit issued by the National Marine Fisheries Service (NMFS), or letter of permission, or evidence that no permit or permission is required. The applicants shall inform the Executive Director of any changes to the project required by the National Marine Fisheries Service (NMFS). Such changes shall not be incorporated into the project until the applicants obtain a Commission amendment to this coastal development permit, unless the Executive Director determines that no amendment is legally required. 2. EELGRASS MITIGATION PLAN COASTAL DEVELOPMENT PERMIT No. 5-06-193 Page 3 of 7 The applicants shall conform with the Eelgrass (Zostera Marina). Filed Survey, Impact Assessment, and Conceptual Mitigation Plan For Dock Renovation Project Located at: 105 and 107 Bayside Place, Corona Del Mar, CA 92625 prepared by Coastal Resources Management, Inc. dated August 28, 2006. The quantity of eelgrass mitigation to occur shall be as described in the approved mitigation plan, along with any additional eelgrass mitigation required pursuant to Special Condition No. 3 below. Any proposed changes to the approved plan shall be reported to the Executive Director. No changes to the approved plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 3. EELGRASS SURVEY(S) A. Pre -construction Eelgrass Survey. A valid pre -construction eelgrass survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy' Revision 8 (except as modified by this condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the v, California Department of Fish and Game. The applicants shall submit the new eelgrass survey for the review and approval of the Executive Director within five (5) working days of completion of the new eelgrass survey and in any event no later than fifteen (15) working days prior to commencement of construction. If the new survey identifies, within the proposed project area, any eelgrass which is not documented in the eelgrass survey described in the eelgrass mitigation plan approved by the Executive Director pursuant to Special Condition No. 2, the newly identified eelgrass shall be transplanted prior to commencement of construction at a 1.2:1 (mitigation to impact) ratio at the same transplantation location(s) identified in the eelgrass mitigation plan described in Special Condition No. 2 above. The transplantation shall occur consistent with all provisions of the mitigation plan described in Special Condition No. 2. B. Post Construction Eelgrass Survey. After completion of project construction, the applicants shall survey the project site to determine the quantity of eelgrass that was adversely impacted. This post -construction survey shall be completed in the same month as the pre -construction survey during the next growing season immediately following the completion of construction within coastal waters. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicants shall submit the post -construction eelgrass survey for the COASTAL DEVELOPMENT PERMIT No. 5-06-193 Page 4 of 7 review and approval of the Executive Director within thirty (30)-days after completion of the survey: If any eelgrass has been impacted in excess of those disclosed pursuant to Special Condition No. 2, the applicant shall replace the additionally impacted eelgrass at a 1.2:1 (mitigation to impact) ratio at the transplantation site(s) and in accordance with the mitigation plan described in Special Condition No. 2 above. The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. 4. PRE -CONSTRUCTION CAULERPA TAX/FOLIA SURVEY A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project'), the applicants shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five-(5) business. days. of completion of the survey, the. applicant shall submit the survey: for the review and approval of the Executive Director; and ii. to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. D. If Caulerpa taxifolia is found within the project or buffer areas, the applicants shall not proceed with the project until 1) the applicants provide evidence to the Executive Director that all C. taxifolia discovered within the project area and all C. taxifolia discovered within the buffer area have been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicants have revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. COASTAL DEVELOPMENT PERMIT No. 5-06-193 Page 5 of 7 5. CONSTRUCTION RESPONSIBILITIES AND DEBRIS REMOVAL The permittees shall comply with the following construction -related requirements: A. No construction materials, equipment, debris, or waste shall be placed or stored where it may be subject to tidal and wave erosion and dispersion. B. Any and all debris resulting from construction activities shall be removed from the site within 10 days of completion of construction. C. Machinery or construction materials not essential for project improvements shall not be allowed at any time in the intertidal zone. D. Sand from the beach, cobbles, or shoreline rocks shall not be used for construction material. E. If turbid conditions are generated during construction a silt curtain shall be utilized to control turbidity. F. Measures shall be taken to ensure that barges do not ground and impact eelgrass sites. Z_ G. Floating booms shall be used to contain debris discharged into coastal waters and any debris discharged shall be removed as soon as possible but no later than the end of each day. H. Non -buoyant debris discharged into coastal waters shall be recovered by divers as soon as possible after loss. Reasonable and prudent measures shall be taken to prevent any discharge of fuel or oily waste from heavy machinery, pile drivers, or construction equipment or power tools into coastal waters. The applicants and applicants' contractors shall have adequate equipment available to contain any such spill immediately. All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. K. All debris and trash shall be disposed of in the proper trash and recycling receptacles at the end of each construction day. L. The applicants shall use the least damaging method for the construction of pilings and any other activity that will disturb benthic sediments. The applicants shall limit, to the greatest extent practicable, the suspension of benthic sediments into the water column. COASTAL DEVELOPMENT PERMIT No. 5-06-193 Page 6 of 7 6. BEST MANAGEMENT PRACTICES PROGRAM By acceptance'of this permit the applicants agree that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. A. Boat Cleaning and Maintenance Measures: In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. 2. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate -free and biodegradable shall be used, and the amounts used minimized. 3. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. B. Solid and Liquid Waste Management Measures: All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. C. Petroleum Control Management Measures: Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited. 2. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will COASTAL DEVELOPMENT PERMIT No.. 5-06-193 Page 7 of 7 use a bilge pump -out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids. Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps Document2 Printed on May 17, 2007 / r-) -L "?, :'CITY OF NEWPORT RERCH o CITY OF w-Y•-.« IiEWPORT 9ERCH ____. N!) WEST LPPHR BRY r \r\`+7• �� (1 F =r� � e=pion \ \ NWr PIER ` \� I 1#iY N`I F-.'I Z �OIFIC �\ I 0 N P �fA ^\ OmmISSION 1\t � xom.w.ama..�e. c«noon ann.n,m WEST VICINITY MRP JEM SOUNDINGS FIRE EXPRESSED IN FEET RND DENOTE NGFOUan, tea, 1L11T ELEVRTIONS HRSED ON MERN LOWER LOW WRTER. t U S 1 ,6HLG 1 'N t HARBOR GES P"r 0 NO EEL GRASS WITHIN 15' OF Pgw XEELGR CITY OF SIGNATURE PERMIT# 0 (o-7 Note: Contour lines In ft, VILLWIScale: VlL Applicant's Name: Mike Ruffatto & John McDonald Job Address: 105 & 107 Bayside Place September 23, 2005 121 ~ 4 V CM OF NEWPORT BERCH CITY OF WESTNEWPORT BEACH rt �un NEWPORT 1♦flY _ PAeIFIC OCeRN region �Y_ � AY 2006 �H�„ ., .vIA �����,,, ��_ � • ASTAI >�Y VICINITY MRP 0,11 Harou sn, w-vanm I r !i(�r w 8- izo�2- 1 / 7' 1 / � I, �zz m�� SIG TI' SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. Ci NO EEL.GRASS WITHIN 15' OF Ph- �emu, �/ ATURE dos-l�s yes/� PERMIT# Note: Contour lines in ft, MLLW � % I• I-/' \ I. ': Scale: �'_q> M L.'`x'�r Applicant's Name: Mike Ruffatto &John McDonald Job Address: 105 & 107 Bayside Place September 23, 2005 SWIFT SLIP DOCK & PIER BUILDERS, INC. 2027 PLACENTIA AVENUE COSTA MESA, CA 92627 (949)631-3121 FAx (949) 631-3122 bhswiftslia@sbcglobal.net www.swiftslipdocks.com FAX TRANSMITTAL To: Lisa Walters Via Fax 949.723.0589 From: Beth Swift, Permit Coordinator Date: May 22, 2007 Re: Approvals for Permits Lisa, Here are the approvals for the following permit: Michael Ruffatto/John McDonald, 105/107 Bayside Place Plan check number 2898-2006 Thanks! STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor ,'CALIFORNIA COASTAL COMMISSION: South Coast Area Office - Page 1 Of 7 200 Oceangate, Suite 1000 Long Beach, CA 90802-4502 Date: May 17, 2007 (562)590-5071 Permit No.: 5-06-193 COASTAL DEVELOPMENT PERMIT On January, 10, 2007., the. Californ ia QoastalCommission granted to Michael Ruffatto and John Me Donald Coastal Development Permit 5-06-1.93, subject to. the attached°Standard and Special Conditions; for development consisting of:- . Remove an.existing dock system and istall'a new shared dock system consisting of: a 6' x-1J.0 "'pier..approach and AA 2,'x 16' pier platform with fourteen (14) 10" diameter steel pilescoated wlth.NSP-120, a 3' x 24' gangway, a'5' x 45' center fnger,A 5xi25' lobe on the left finger, a 4' x 26;' finger with a 4' x 13.5'' backwalk on the right side of the center fnger; and six (6) 12" diameter steel pile'coated with NSP-120. The'docksWill'be composed of Douglas; fir and.: " Trex decking ;:` The':prq ect will. 1rectly: impact 2.4 square feet of eelgrass that.will be ransplanted on�tite at a 1.2 1 ratio:_ More specifically described in the application, file: in -the Commission offices. The development is within the Coastal zone in Orange County at 1051107 Bayside Place, Newport Beach. Issued "on'behalf of the California Coastal Commission on May. 17, 2gO7, PETER DOUGLAS Executive Director ACKNOWLEDGMENT By. tl-Tr e Colastal ro ram Analyst The undersigned permittee acknowledges. receipt of this permit and "agrees .to abide by all,, . terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance.. . of any permit ..:" applies to the issuance of this permit, IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT. HAS BEEN RETURNED TO THE COMMISSION . OFFICE..14 CAL. ADMIN. CODE SECTION, 13158(a), f D? Date Sg of Permitt e F.mq. 4 4SNN POD,. �4 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034/ Fax 949-723-0589 Pier Permit Conditions October 5, 2005 Property Address: 105 & 107 Bayside Place, Newport Beach, CA 92625 With reference to the plans currently under consideration to reconfigure or modify the dock system, the following conditions will now be in effect on the above referenced pier. 1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Beach Municipal Code. The pier permittee understands that the above referenced pier is under the purview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. This shared pier is the equal responsibility of both pier permittees at 105 & 107 Bayside Place. All future work on the pier must be approved by both permittees. 5. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 6. Your side. property lines extend in the water and converge, to a single point past the new dock structure. A vessel may not encroach upon either neighbor's property on both sides of the pier system. 7. There is a U-shaped slip on the western side of the float. At the tip of the eastern finger (long, center finger) of this U-shaped float, the maximum beam of a vessel that is permitted to side tie at this location is 15'. 8. There is an L-shaped slip on the eastern side of the float. At the tip of the western finger (long, center finger) of this L-shaped float, the maximum beam of a vessel that is permitted to side tie at this location is 23.5'. At the headwalk (base) of the L-shaped slip, the maximum beam of a vessel that is permitted to tie at this location is 29.5'. 10. Vessels may not extend beyond the end of the fingers by more than the width of their beam. dY 1012 Michael Ruffatto John McDonald c oSw.i t slip Dock 6r Pier Builders AttenH.on: • Beth Swift 2027. P)acen H a •Avenue CostaMesa; Califonna 92627.3405 Dear Mr, Ruffatto and Mr. McDonald;:. Reference is made to your request of September 5, 2006 (File No, 200601880-5JN). Under the provsions of Secgon ] 0 of the Rivers and Harbors Act of Mardt 3;1899 (33 U.S.C, 403), you are hereby authorized to modify an existing shared U-shaped floating ddck shructure bayward'oE 1p5 and 7.07 Bayside Plaee, within Newport Bay, in thecgmmunity.0 Corona De1:Mar, Orange County, California; as shown on the enclosed. drawings. The owner or authorized responsible officialmust sign and date all copies of this Letter of Permission (LOP). indicating that he/she agrees to the work as described and will comply with all conditions. One of the signed copies of this Letter 4f Permission must be returned'to the Corps of En$br eeis;,(a pre -addressed envelope is enclosed), 1n addition, please use the two attached.p6stcards'to notify this office as to the dates Of cammenctxment (withinl0 days prior to the.start bf constructiod),and completion of the activity (within 10 days fallowing the.end of construction), Furthermore, you are hereby advised that the Corps of Englgeers has established an Administrative Appeal Process which is fully described in 33 CPR Part 331. The complete appeal process is diagrammed in the enclosed Appendix S, Thank you for participating in our regulatory program, .Sincerely, Mark Durham Chief, South Coast Section Regulatory Bra] ch DATE SV111F1' SLIP Dock and. Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 (949) 631-3121 FaX (949);631-3122 email: bhswiftslip6sbcalobal,net August 29, 2006 Adam Fischer California Regional Water Quality Control Board 3737 Main Street Riverside, CA 92501 Re: 1.Michael Ruffatto & John McDonald Boat Dock and Pile Replacement 405 & 107 Bayside Place, Newport Beach, Orange County DearMr. .This is notification that we intend to replace the boat dock and pile at the above -referenced address. It is ourintention to comply with all Regional Water Quality Control Board requirements. We will not discharge vessel waste of any kind or adversely impact water quality at this location Michael Ruffatto & John McDonald . 105 & 107 Bayside Place, Newport Beach, CA 92625 (303)796-8600;(949)673.9232 Replace floating dock and pile Pending -117,87842;33.60043 Enclosed is a check for the $60 application fee This notice is being submitted according to Regional Board General Certification for sheet and dock pile replacement, issued on September'29, 2005. 9) Statement: The information in this- notice is complete and accurate, Please contact our office if you should have any questions. Very truly yours, Swim SLIT DOCK & PIER BUILDERS Beth Swwft. Permit Division /brs Enclosures..:....;.: cc:::.::::California Coastal Commission. 'U.S ..Army Corps of Engineers JUN-7-2007 15:17 FROM:SWIFTSLIPDOCK.COM (949) 631-3122 TO:7230589 P.1 & De County Of Orange Resources & Development Management Department Receipt#: R0708628 Misc Item M M107200 Posted: 5/23/2007 11:46 AM Development Processing Center 300 N, Flower Street P.O. Box 4048 Santa Ana, CA 92702-4048 Operator: Norbert Ponce Payer: M� Swift Slip Dock & Pier Builders, Inc. Applicant: John McDonald A Michael Ruffalto Address: 2027 Placentia Ave. Address: 105 & 107 Bayside Place Costa Mesa, CA 92627 Corona Del Mar, CA 92625 Phone #: 949-031-3121 Phone #: 303-796.8600 Notation: Notation: ,`T. t< i1 t— Charge& Descriptlon Cost city Subtotal Tax Charge Fee Item Coding CPP Hap Construction ------- -------------- No $100.00 2062 40540557406460 22 Total Charges $100.00 Rayrnent _..- Type Amount Account Notation Check $100.00 ------ No.34125 Total Paid $100,00 777 ,..Notation County Property Permit No. 2007.00739 Printed: 5/23/2007 11:46 AM 4 The fees, deposits, dedications, reservations or other exactions imposed by this development approval must be, protested, if at all, within the 90 day -approval period imposed by Government Code section 66020. CITY OF NEWPORT BEACH HARBOR COMMISSION July 13, 2005 TO: HARBOR COMMISSION FROM: Harbor Resources Division (City Manager's Office) Chris Miller, (949) 644-3043 cmiller@6ity.newport-beach.ca.us SUBJECT: Dock Reconfiguration Appeal Mr. Ruffatto at 105 Bayside Place Mr. McDonald at 107 Bayside Place ISSUE: Mr. Ruffatto at 105 Bayside Place shares a pier with his neighbor, Mr. McDonald at 107 Bayside Place. Mr. Ruffatto has submitted plans to Harbor Resources to replace his pier, pier platform and gangway, like for like, and to reconfigure the entire shared float. The proposal for the float reconfiguration does not include the 5' setbacks from the property lines as required by the Harbor Permit Policies. In addition, the pier platform is proposed to be replaced, like for like, at 12' x 16' instead of the required 12' x 14' size. Mr. Ruffatto is appealing Harbor Resources denial of the proposal. ALTERNATIVES: If desired, the Harbor Commission may: Approve the proposal for dock reconfiguration and allow the 5' setback from the property line requirement to be waived and allow for the 12' x 16' pier platform to be replaced like for like. 2. Deny the proposal for dock reconfiguration. Require the float to be setback 5' from the property lines and require the pier platform to be 12' x 14' as required. LL-%sCIZ1919il1111 Mr. Ruffatto proposes to replace his pier, pier platform and gangway and to reconfigure the entire shared float in order to accommodate both his vessel and his neighbor's vessel. His plans request a waiver of the 5' setback from the property line requirement as stated in the Harbor Permit Policies, Setbacks, A: "All piers and floats for residential properties shall be set back a minimum of five feet from the projection of the property line." However, in Carnation Cove where this property exists, the 5' setback requirement presents some challenges due to the converging property lines in many areas of the 2 Cove, including 105 & 107 Bayside Place. As seen in the aerial photo below, most of the neighboring property lines converge to a singe point, therefore decreasing the size of the usable water space as it extends in the bay. In order to maximize the usable water space, waivers of the 5' setback requirement have been allowed so the floats may extend to the property line, as shown for 109 Bayside Place and the shared 111, 113, 115 and 117 Bayside Place docking system. (For comparison purposes, commercial properties are not required to maintain a 5' setback and may position the float up to the property line.) THE PROPOSAL Mr. Ruffatto proposes to reconfigure the existing two slips into a combined U- and L- shaped dock system that can accommodate the anticipated boat sizes for Messrs Ruffatto and McDonald respectively. Both joint pier permittees have approved the proposal and they acknowledge that their vessels may not extend beyond the projections of the property lines. Several alternative designs were studied and presented to Harbor Resources over the course of several months. In each case, the alternative designs encroached into the neighbor's property at 103 Bayside Place and that neighbor was not willing to relinquish any water space rights in front of his home. (See attached drawings.) In addition, the applicants propose to replace the pier platform, like for like, in order to retain the 12' x 16' dimensions. Current requirements for a shared pier require a 12' x 14' pier platform. (The newly proposed Dock Construction Standards that will be considered by the City Council in the near future allow for 170 square feet of area for a pier platform, in any configuration.) Harbor Resources supports the proposed configuration design as it maximizes the useable water space in an otherwise confined area. Allowing the 5' setback requirement to be waived is the only feasible alternative when the adjoining property lines converge to a single point in the bay. In addition, the larger pier platform does not appear to present any problems in the area. ENVIRONMENTAL REVIEW: The Harbor Commission's approval of this Agenda Item does not require environmental review. PUBLIC NOTICE: This agenda item has been noticed according to the Ralph M Brown Act (72 hours in advance of the public meetings at which the Harbor Commission considers the item). Prepared by: Chris Miller Harbor Resources Supervisor Attachments: Alternative Designs 1-5 Submitted by: Tom Rossmiller Harbor Resources Manager 1 0 m I sw-i.�....-. .. 17, i a, Alternative Design #5 NOBLE CONSULTANTS, INC. June 8, 2005 Mr. Tom Rossmiller Manager, Harbor Resource Division 829 Harbor Island Drive Newport Beach, CA 92660 RE: Reconstruction of Residential Recreational Pier and Floating Dock At 105 & 107 Bayside Place Corona Del Mar, California Cc: Mike Ruffatto John McDonald Dear Tom: J940-01 Pursuant to our telephone conversion on June 7, 2004, Messrs Mike Ruffatto and John McDonald are submitting the proposed layout of the to -be -reconstructed recreational pier and floating dock for approval, as the existing facility is in the early stage of its deteriorated conditions. Several alternatives have been pre-screened and evaluated in accordance with the limits of the subject properties. The preferred alternative, as illustrated in the attached conceptual drawing, is a combined U- and L-shape dock system that can accommodate the anticipated boat sizes for Messrs Ruffatto and McDonald, respectively. Please feel free to contact us if you need any additional information regarding this permit application for the reconstruction of the pile -supported pier and floating dock. Yours very holy, NOBLE CONSULTANTS, INC. Senior Engineer CCL/cl Attachment: Conceptual drawing of the proposed residential pier and dock system ❑ NOVATO:359 EEL MARIN KEYS RIAD., SUITE 9, NOVATO, CA 94949-5637 (415) 884-0727 FAX (415) 884.0735 IRVINE: 2201 DUPONT DR.. SUITE 620, IRVINE, CA 92612-7509 (949) 752-1530 FAX (949) 752.8381 O SAN DIEGO: 9326 OAKBOURNE RD.. SANTEE, CA 92071.2314 (619) 596.9510 FAX (619) 448.2022 http://ww ..nobleconsultants.com CITY OF NEWPORT REACH RRY PgCIFIC oCfAN VICINITY MAP rnavrr arr, �u KST SETTY oRsr 7Eiir SOUNDINGS ARE EXPRESSED IN FEET FIND DENOTE ELEVRTIONS RASED ON MEAN LOWER LOW WATER. Note: Contour lines in ft, MLLVV PLAN VIEW 1' = 40' ILICRNT' NRME Mike Ruffatto a hn JOB ADDRESS 105 & 107 Bayside Place DR7E May 25, 200 WORKSHEET•FOR BUILDING 1 FIRE PERMIT APPLI WA T R RESOURCES DIV. CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH BUILDING DEPARTMENT PLEASE PRINT OR TYPE 1. PROJECT ADDRESS'(NOT MAILING ADDRESS) IFLOOR. ISUITE NO. UNITS 0 LOT BLOCK TRACT I I 2, DESCRIPTION OF WORK ,1,g7¢_'y u� cy� USE G {c r # OF STORIES VALUATION $ NEWWAC� ADD ❑ ALTER OFT (NEW/ADDED/EXTG) . Cheek ADDrODriate Box for Annlicant 3. OWNER'S NAME LAST e FIR s Z � OWNER'S ADDRESS OWNER'S E-MAIL ADDRES // CITY STATE ZIP PHONE NO. 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 5. ENGINEER'S NAME LAST FIRST STATE LIC. NOxhar-. ,f �(e . cyy'v c -- !�- �-�- --� r ENGINEER'S ADDRErS�S ENGINEER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 6. CONTRACTOR'S NAME BUSINESS LIC. STATFSLIC. :+AW ww lass CONTRACTOR'S ADDRESS coNTRAcr�s CITY STATE ZIP H I T OFFICE USE ONLY PERMIT NO. i TYPE OF CONSTRUCTION PLAN CHECK NO. GJ PLAN CHECK FEE $ Z OCCUPANCY - GROUP PLAN CHECK ENG. SGI iP �✓� Forms0du aon ica ion HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove existing shared pier, float and gangway. Replace with new pier, pier platform and gangway, like for like. Reconfigure float to include 1 U-shape and 1 L-shape slip. County approval required. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed y both applicants prior to final approval. Pro ertAddress: 105 & 107 Ba side Place, Newport Beach, CA 92625 Harbor Permit Number: 105-105 Plan Check Number: 2472-2005 pp ican : Mike Ruffatto and JoFn-1TcT7o—n—arcT— Applicant's Mailing Address: Mike Ruffatto - 105 Bayside Place, NB, CA 92625 John McDonald - 107 Ba side Place, NB, CA 92625 Phone Number: 949 752-1530 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. And find Page 1 of 2 They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said aooroval has been written upon said nlans. sinned and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local quidelines adopted thereunder, this development: X—Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to reiection in principal by Newport Beach unless a substantial chanae is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached conditions to the pier permit. Tom Rossmiller, Manager, Harbor Resources /' /Yf Chris Miller, Harbor Resources Supervisor October 4. 2005 vvorKsneet for i3waing Drawing Pier Conditions Page 2 of 2 105 Bayside Place, Newport Beach, CA (Newport Bay) Eelgrass Survey Reporting Form (Version 1.0, June 20, 2003) This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218. * Required Information Site Name: 105 Bayside Place, Corona del Mar, Ca 92625 common reference Survey Contact: Rick Ware, (949) 412-9446, rware.crm@earthlink.net name, phone, e-mail) Permit Reference: none (ACOE Permit No., CCC Permit No. Hydrographic System: Lower Newport Bay (Developed Harbor) (bay, estuary, lagoon, or harbor Specific Location: (UTM, Lat./Long., datum, NAD 83 State Plane CA VI (X,Y): 6065352.97, accuracy level, attach 2165569.45 electronic survey area map ifpossible) Was Eelgrass Detected: * xxxxx Yes, Eelgrass was found at this site. * No, Eelgrass was not found at this site. Description of Re- construction of pier, pilings, and dock floats; dredging Permitted Work: in the vicinity of proposed dock float/boat slip (describe briefly the work to be conducted at the site under the permits identified above Description of Site: Depth range: * Water depths ranged between (describe the physical and approximately +1 to -15 ft MLLW. biological conditions within the survey area at the time Sediments ranged from find sands/silts of the survey and provide Substrate insight into variability, if type: * with some rocky outcrops in the known. Please provide units shallower depths C1 to -3 ft MLLW) for all numerical to silts in the deeper depths (-3 to 15 ft information. MLLW). 65 degrees F Temperature: Salinity: Salinity variable, from 20s to 35 ppt, depending on depth and the time of year. Dominant Dominant flora; eelgrass (Zostera flora: marina) . Dominant Striped sea slug (Navanax inermis), fauna: Sponge (Haliclona sp.), Mussels (Mytilus galloprovincialis), topsmelt (Atherinops aff:nis), juvenile barred sand bass (Paralabrax nebulifer), kelp bass P. clathratus Exotic No exotics were observed. species encountered: Other site description notes: Description of Survey Effort: (please describe the surveys conducted including type of survey (SCUBA, remote video, etc.) and survey Survey date and time period: * Initial Survey: 11 May 2004; Resurveyed for eelgrass presence on 13 April 2005, 1400-1500 Horizontal Six feet (three feet on either side of the methods employed, date of visibility in diver). work, and survey density water: (estimated percentage of the bottom actually viewed). Survey type The 11 May 2004 survey was Describe any limitations and methods: * conducted by divers using SCUBA and encountered during the employing a GPS survey technique to survey efforts. map the perimeter of the eelgrass beds in the general area. A follow up survey was conducted in April 2005 after heavy winter rains. This survey was conducted using SCUBA. Underwater transects were swam approximately every 10 ft apart between the shoreline bulkhead and a depth of -1511 MLLW. Transect visual width was approximately 6 feet (3 feet on each side of the diver). Bottom type, common marine life, and the presence or absence of Zostera marina was noted. Depths were standardized to Mean Lower Low Water (MLLW) based upon time of observation and tidal corrections for the Newport Bay Entrance, Corona del Mar NOAA tidal survey station. Survey The surveys were conducted by Mr. personnel: * Rick Ware, Senior Marine Biologist of CRM and Mr. Stephen Whitaker, Senior Marine Technician, of CRM. Survey Approximately 0.433 acres of eelgrass density: was mapped during the May 2004 survey. During the April 2005 survey, a total of 25 transects were swam at intervals of 10 ft. The lengths of the transects were approximately 100 ft long. Eelgrass was present throughout the project area during the April 2005 survey, similar to the results obtained during the May 2004 survey. Survey None limitations: Other Information: See project area location and distribution of eelgrass (use this space to provide in the project area (attached) any additional information or references to attached materials such as maps, reports, etc. Eelgrass Survey Reporting Form (version 1.0, 6/20/03) w Mmmffim WAIN �'i�w Project Area Local Project Area Location of eelgrass around dock at 105 Bayside Place, Corona del Mar HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034/ Fax 949-723-0589 Pier Permit Conditions October 5, 2005 Property Address: 105 & 107 Bayside Place, Newport Beach, CA 92625 With reference to the plans currently under consideration to reconfigure or modify the dock system, the following conditions will now be in effect on the above referenced pier. 1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Beach Municipal Code. The pier permittee understands that the above referenced pier is under the purview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. This shared pier is the equal responsibility of both pier permittees at 105 & 107 Bayside Place. All future work on the pier must be approved by both permittees. 5. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 6. Your side property lines extend in the water and converge to a single point past the new dock structure. A vessel may not encroach upon either neighbor's property on both sides of the pier system. 7. There is a U-shaped slip on the western side of the float. At the tip of the eastern finger (long, center finger) of this U-shaped float, the maximum beam of a vessel that is permitted to side tie at this location is 15'. 8. There is an L-shaped slip on the eastern side of the float. At the tip of the western finger (long, center finger) of this L-shaped float, the maximum beam of a vessel that is permitted to side tie at this location is 23.5'. At the headwalk (base) of the L-shaped slip, the maximum beam of a vessel that is permitted to tie at this location is 29.5'. 10. Vessels may not extend beyond the end of the fingers by more than the width of their beam. c3Y CITY OF NEWPORT BEACH HARBOR COMMISSION July 13, 2005 TO: HARBOR COMMISSION FROM: Harbor Resources Division (City Manager's Office) Chris Miller, (949) 644-3043 cmiller@city.newport-beach.ca.us SUBJECT: Dock Reconfiguration Appeal Mr. Ruffatto at 105 Bayside Place Mr. McDonald at 107 Bayside Place ISSUE: Mr. Ruffatto at 105 Bayside Place shares a pier with his neighbor, Mr. McDonald at 107 Bayside Place. Mr. Ruffatto has submitted plans to Harbor Resources to replace his pier, pier platform and gangway, like for like, and to reconfigure the entire shared float. The proposal for the float reconfiguration does not include the 5' setbacks from the property lines as required by the Harbor Permit Policies. In addition, the pier platform is proposed to be replaced, like for like, at 12' x 16' instead of the required 12' x 14' size. Mr. Ruffatto is appealing Harbor Resources denial of the proposal. ALTERNATIVES: If desired, the Harbor Commission may: Approve the proposal for dock reconfiguration and allow the 5' setback from the property line requirement to be waived and allow for the 12' x 16' pier platform to be replaced like for like. 2. Deny the proposal for dock reconfiguration. Require the float to be setback 5' from the property lines and require the pier platform to be 12' x 14' as required. BACKGROUND: Mr. Ruffatto proposes to replace his pier, pier platform and gangway and to reconfigure the entire shared float in order to accommodate both his vessel and his neighbor's vessel. His plans request a waiver of the 5' setback from the property line requirement as stated in the Harbor Permit Policies, Setbacks, A: "All piers and floats for residential properties shall be set back a minimum of five feet from the projection of the property line." However, in Carnation Cove where this property exists, the 5' setback requirement presents some challenges due. to the converging property lines in many areas of the Cove, including 105 & 107 Bayside Place. As seen in the aerial photo below, most of the neighboring property lines converge to a singe point, therefore decreasing the size of the usable water space as it extends in the bay. In order to maximize the usable water space, waivers of the 5' setback requirement have been allowed so the floats may extend to the property line, as shown for 109 Bayside Place and the shared 111, 113, 115 and 117 Bayside Place docking system. (For comparison purposes, commercial properties are not required to maintain a 5' setback and may position the float up to the property line.) THE PROPOSAL Mr. Ruffatto proposes to reconfigure the existing two slips into a combined U- and L- shaped dock system that can accommodate the anticipated boat sizes for Messrs Ruffatto and McDonald respectively. Both joint pier permittees have approved the proposal and they acknowledge that their vessels may not extend beyond the projections of the property lines. Several alternative designs were studied and presented to Harbor Resources over the course of several months. In each case, the alternative designs encroached into the neighbor's property at 103 Bayside Place and that neighbor was not willing to relinquish any water space rights in front of his home. (See attached drawings.) In addition, the applicants propose to replace the pier platform, like for like, in order to retain the 12' x 16' dimensions. Current requirements for a shared pier require a 12' x 14' pier platform. (The newly proposed Dock Construction Standards that will be considered by the City Council in the near future allow for 170 square feet of area for a pier platform, in any configuration.) Harbor Resources supports the proposed configuration design as it maximizes the useable water space in an otherwise confined area. Allowing the 5' setback requirement to be waived is the only feasible alternative when the adjoining property lines converge El to a single point in the bay. In addition, the larger pier platform does not appear to present any problems in the area. ENVIRONMENTAL REVIEW: The Harbor Commission's approval of this Agenda Item does not require environmental review. PUBLIC NOTICE: This agenda item has been noticed according to the Ralph M Brown Act (72 hours in advance of the public meetings at which the Harbor Commission considers the item). Prepared by: Chris Miller Harbor Resources Supervisor Attachments: Alternative Designs 1-5 Submitted by: Tom Rossmiller Harbor Resources Manager 0 h 1 1 11 1 �1 r AUr. _ — — 4�7 ■ 71 4 i VwJ V aip Alternative Design #5 NEWPORT BEACH HARBOR COMMISSION MINUTES City Council Chambers July 13, 2005 CALL TO ORDER 6:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Commissioners, Seymour Beek, Tim Colllins, John Corrough, Marshall Duffield, Don Lawrenz, and Ralph Rodheim were present. Staff: Lorrie Arcese, Aaron Harp, Dave Kiff, Chris Miller and Tom Rossmiller. Absent: Paulette Pappas MINUTES: The minutes from the last meeting were approved. PUBLIC COMMENTS: Tom Tyson —1300 E. Balboa Blvd., feels that the fish hatchery is an eyesore and it is inappropriate for the boat owners and residents. We need to examine the benefits of having it. In the 15 years that is has been here has there been any value measured. If it is found to be a benefit then examine other locations to put it, but not other residential areas. Phil Doone — 1306 E. Balboa Blvd., questions who authorized the permit and are they paying rent. Does mooring area A allow for commercial boats? Tom Rossmiller gave part of his update, answering these questions (see PowerPoint presentation posted on website). Dan Gilliland referred to the petition turned in last month and a lot of people feel there is a better place for the barge. We need to look to see if we are gaining anything from the hatchery. This is occupying a site where a boat should be. The decks are not kept clear and they lean things against the fence. The City needs to correct the mistake of 15 years ago and remove the barge. Carter Ford said that he is sympathetic with the view concern and the first priority should be to clean the barge up, not just move it somewhere else. Mark Sites reminded the Commissioner's that RGP 54 is expiring in 11 days. He referred to a letter from Plazi Miller. The last time it expired we almost had to accept some very bad conditions. REQUEST FOR CONTINUANCES: None APPEAL ITEMS: ITEM # 1 Subject: Dock Reconfiguration Appeal — Mr. Ruffatto at 105 Bayside Place, Mr. McDonald at 107 Bayside Place. Summary: Mr. Ruffatto at 105 Bayside Place shares a pier with his neighbor, Mr. McDonald at 107 Bayside Place. Mr. Ruffatto has submitted plans to Harbor Resources to replace his pier, pier platform and gangway, like for like, and to reconfigure the entire shared float. The proposal for the float reconfiguration does not include the 5' setbacks from the property lines as required by the Harbor Permit Policies. In addition, the pier platform is proposed to be replaced, like for like, at 12' x 16' instead of the required 12' x 14' size. Mr. Ruffatto is appealing Harbor Resources denial of the proposal. Discussion: Public Comment: Mr. Ruffatto spoke on behalf of the appeal. Action: Commissioner Rodheim made the motion to approve the proposal for dock reconfiguration and allow the 5' setback from the property line requirement to be waived and allow for the 12' x 16' pier platform to be replaced like for like. The motion was seconded and approved with all ayes. ACTION ITEM ITEM # 1 Subject: Election of Harbor Commission Officers Summary: Yearly elections for Chairman, Vice Chairman and Secretary. Discussion: Public Comments: Action: John Corrough was elected Chairman with all ayes. Ralph Rodheim was elected Vice -Chairman with all ayes. Don Lawrenz was elected Secretary with all ayes. ITEM # 2 Subject: CEQA Boot Camp Summary: The Harbor Commission will soon be making decisions regarding environmental effects of projects bayward of the bulkhead line. The Planning Commission makes similar decisions landward of the bulkhead line and Planning Department staff has prepared a CEQA Boot Camp PowerPoint presentation that is intended to provide an orientation to Commissioners that are new to reviewing the environmental effects of their decisions. Senior Planner, Jim Campbell will present the CEQA Boot Camp discussion. The first anticipated environmental documentation related decision presented to the Harbor Commission will be the Balboa Marina Project which is currently under review by the Planning Department staff and a team of consultants. ARI e Iml�('¢` 1BMP F 7 :O�',LOS':A2!{3ELE8; a national;banking?�d ," i„ 12; :: aeeDciation, THE C"TiY OF %t�'�Pfl�i1� $,�1�}�, t' a munialnrxl corporatlonJOH�4 D�7g Qne, f: 13 fj JbHH' DOa Two,. JC1HN TOE y'hree, JA.Y '"1OML One,:..JANT.DOZ: Two, J".8 Dot, Threew , !i l� G 'CO}drAwY'Gne, c:corpnration, COMPANY "'R'O,.t� Co3*r5®r�,tia5n,'. � � #PA2vY' 19 i Three,, -a corporAt5lb"t, a 9�. Defandante. * deb" tv Est alle iis n� l9' 20 21 ° That tha gala n lff O,Oumt7 sit brange to one oP the 22 avbdivi„Hiona, 6i s iEor�nia aril ika : :"br�dy; TbAt the: 9efendant Caji,tor» at'Za;L3iut8 of ' dohru>' 2A bee» at ali time e h;artin8lSuraeet`1oY1es1�e.aaonr it c 27 organiItft, and eaimtin ttridet! mn� bq rrix�t�xta. of tta+f' itttre, 2ts dtatra:Ior California. $ 29 T'fit the -efendmt Ito Irvitian m� l hereinafter 3lentioned and I W1. r,cwr A; `otrpo'an:nrgani, 32 F i I uion •:'rind;::: w 13 that the defendants have not any estate, right, title, claim or 2 Interest vhatsoever-In and to said tidelands and submerged lands': 3 acculred by 'the plaintiff herein from said Stftte as aforesaid, 4 or any dart .hereof. Piat:httfitAs informed and believes Anid,, therefore allegele that the Clalzs:and assertA -Ong Of the defencrsnt s 71!he City of Ptearoort" Beach are based upon said Judgment a NO.' 363&6 here 7 In :s otion nab6ve.referred � "to:inparagra h 'N of the ana: i,seerttDnij of acid '.tdef6W, dant. The City.of Newport Bep.ch_ arto r thout,ft, 6nd Ant The City Beach_ 1,a 8, no estate rikht:V 4 , t I t 1 0 r 1.1 e,:.clalm Int0re0t in and -'to eisid tidelands ond 12 or: any ,:.part , plaintiff pra 1., ThA%t the defend.Ants b 14 'evrequired _to%'aet f ort1t .theirY 1511 d claims nsserted clas An�1.dVerse.�`interastq And H that the Cowart le 11 :,.nd determine tha* the digo 1ript"4' -orihereinabove, tet tort I of this plostrlaLit 1,71 c0llstitUtes,,the line of ardina �O: Is xpan Fain tide Or tbAt portion;of:, _1jewport Say ndJAcont to 19 Upland& Dpned by the,sald!ldafendants othor,th the defendant an 'NUD City If Newport each, ag�.,j 20" 16OVs,,4escrIbed,. and 1 c tho' line between the tidelands an& jubnerged j�� 211 d s, o"64. b the 22 Plaintiff hereLr'and ore t". --an the defendant -1.T1hj, df�jy�,'OfNewport other 13. Beach-* 2. That the Court adjuage"And determine that t* kit f" I 24 he Plaiiitlf W, 'herein.is the owner of' said tidelands and submerged lands' 25 and that :he defendant The �lty'6,r t1own, 26 ort Seaeh,haj. no est 7, fj!,� Wt title, t olAimor interest h 27 submerged l"de, Or any, part thereof; 3. For such other furthsr"reJjp'f 'as to the 29 '1 ourt May seem 11 proper in the premises. 30 1i r7 7 31 --tW- 0 9 ki, Mnsel of- e r go 32 .8 .,,.prney for Plaintiff* P H I u I r IN THE SUP OR COURT OF THE STATE OF CALIFORNIA .IN JND FOR THE COUNTY OF ORANGE ) Pislnti f ) No. 40024 ve. ) BRIRLEY 1f. WILLITa, 'GEORGE W. STASM D, ) LETA H. STASAND, M, B. DESENBERG, ) -FLORENCE N. DESEVEM, LAZAR S. SAM ILDFF, ) PAULINE aAMOILOFF, 819IL GRANT IFgY,4JAMES ) IHFINE, JOHN H. WOLFROM, LOUISE E. IOLFROX, J ELSIE FAN ETTISCS, JALIFORNIA INSTI1UT3 ) OF TECHNOLOGY, a corporation, THE 2 VINE ) JUDGMENT i COMPANY, a corporation, CITIZENS NA ONAL ) i TRU'ST'& SAVINGS BANE OF LOS ANGELES, ) 1 a-natlonal banking association, THE CITY )' OF NEWPORT BEACH, a municipal borporation, ) JOHN DOE ONE, JOHN DOE TWO, JOHN DOE THREE, ) y JANE DOE ONE, JANE DOE TWO, JAPE DO THREEa ) j DOE COMPANY ONE, a corporation, DOE MPANY ) i TYO', a'corporatlon, DOE COMPANY THREE, ) a corporation. ) •i Defendants ) i This action oeme on regularly for.trial in Department One of the above entit}ad ".Court on the jrd day of April, 1942 at the hour of, 10-01olook A.M., the Honorable°G.,,E. Soovel ' Judge, presiding, plaintiff appearing through its attorney, Joel E. Ogle, Esquire, sald.aotioa .. having been dlsmiseed as to the defendants John"Dod One, John Doe Two, John Doe Thrse,'JS%ne Doe One, Jane Doe Two, Jane Doe Three, Doe Comp;h� One, a corporation, Doe Company Two, a corporation, Doe Company Three, a corporation, the defendant The City of NelTort Beach having been duly and regularly served with summons andtqq4iaint and having failed to appear or answer within the time allowed by law, and Ste default having been duly and regularly entered herein, the defendants The Irvine Company and James Irvine appearing through�thelr attorney James G. Scarbarough,Eoquire, TPhe defendants Citizens National Trust A Savings Bank of i Loa Angeles and Sybil Grant Ivey appearing through their attorneys Cosgrove & O'Neil and R.C. i Mize, by R. 0. Mize, Esquire, and the defendant California Institute of Technology appearing through its attorneys 0`Melveny & Myers and R. C. Mize, by R. G:' Mize, Esquire, and all otper idefendants appearing through their attorney R. C. Mize, Esquire, and evidence both oral and documentary having been offered, taken and introduced by both plaintiff and the said answer- ] ing defendants, and'the matter having been submitted to the Court for its decision; the Cdurb having filed its Findings of Fact and Concluslone of Law, NOW THEREIDRE, in accordance with the premieeo and said Findings of Plot and Con- clusions of Law, it ila hereby ORDERED, ADJUDGED AND DEOAEED: C I, 1 (a) That As defendant SHIRLEY H. WILLITS.ie the owner of that certain land situated the County of Orange, State of California, particularly described as follows, to -wit: : 1 Beginning at,the point of intersection of the South-westerly prolongation of the center line of Avocado,Avenue (formerly 27th Avenue), as shown on a Map of "Oorona Del Were j recorded In Book j, pages 41 and 42 of Niocellaneous Maps, records of Orange County, Oallfor ag {1 with the South -Westerly line of the County Road as described in the deed recorded Way jrd, 11916 in Book 282, Page 172 of Deeds; thence South-westerly along said South-westerly prolohW iZion of the center line of Avo do Avenue.to'Ito intersection with the line of ordinary high tide of the Pacific Ooean In 'N ort Bay hereinafter more Particularly described; thence South, easterly along laid tide line t its intersection with a line drawn parallel.to the South- westerly extension of tge North- eeterly line of 28tb Agenua, as shown on said Map, Bald 11" being 75 feet North- eeterly me cured along -the South-westerly line of said County Road from the point of intersection of s d South-westerly prolongation of the North-westerly line of amid 28th Avenue with' the said South-westerly line of a� d 0ounty Road, running thence North- easterly along said FFF���ra11.1 lima eo named to a point wpsre it'intereeots the South-westerly' 21ma of the above ea .d County Road; thence North-westerly along said South-veoteriy line to the point of begs ' Excepting therefrom the South-easterly 45 fee , the Horth-.eeterly, line of Heald South-easterly 45 feet balagpar61161 with and distant orth-.eeterly 45 feet, measured at right angles tram the Bouth-easterly line of the above eeoribpd land. (b) That the defaadanLs GEORGB V. STAaANI)iand LETA H� STASAND era the omere, a.. ;;JOXmt tenants, of that pertain land sitahted iQ the Couitty of Orange; State of California, , ''particularly described an follows, to -wit: The South- ai , ly'45 feat at the following tat N .eeterly line of, aedd 45'feat being parallel with end Blatant Noi'Lh rester , pd gh angles frgt thm� _.. _par :. '... .. _ .. ly 43 feet maaeur at ri t ... , • :. 1. 354 South-enste9•lVlins of said lands ' Beginning at the point of Intersection of the South-weste ly prolongation of the center line of'Avooado Avenue (formerly 27th Avenue), as shown on a of "Corona,. Del.Nar", recorded In Book 3; pages 41 and 42 of Niscellaneoue Nape, records Orange County, Califorvd with the'South-westerly line of the County Road as geeoribed in the Aced recorded Nay 3rd, 1916 in Book.262, N7a-ed 172 or Deeds; thence South-westerly olong ea d Sout�•westarly proloage- Lion of She center"line of.Avooadg Avenue to its lnterseotion.wlth � a line of ordinary high tide of •tha Paoifie Ocean In Newport Bay hereinafter more partloull� dedarlbed; thence South easterly dlung said tide line to its Intersection with a line draw parallel to the Boutk. westerly extension of the North-westerly line of 28th'Avenue, as shoxa on said Nap, said linty ,.being 75 'toes North-westerly measured along the South-westerly line llof a4d County Road from f the point of Intersection of as ldn Rout -westerly prolongation of th`J� North-westerly line of said 28th Avenue with the sold South vooterly line of'eaid County Rdad; running thence North- i easterly along.eaid parallel line do named to a point where it lntarseoto the Bouth-westerly line of the, above mentioned Countya'Road; thence North-westerly along' bald South-westerly line to the point of beginning. (a) That the defendants N. S. DSSSNBFDG and FLORSNCS N. DSSSl CM "a the owners of that certain land sitaaLed in the County of , , Oran eState of California, palLica78rly describe i,aa followe,.to-wit: ' The South-easterly 40 feet, measured at right angles to tiie Routh-enetllne of that portion of: Block "D" of "Corona Del mar", as show on a Map recorded in Book 3, pages 41 and 4 Of Nkooellaneous maps, records of Orange County, California, described as beginning at the point of interaeotion of the South-westerly line of the County 'Road deeded to Orange County, California, which deed was reaarded May 34, 1916 in Book 2S2, page 172 of Deeds,; and the Rapt westerly.11ne of 28th Avenue, as said 28th Avenue Is ah*n on the Map of said .Carious. Del Mar, projected South'vosterly; running thence North-westerly from said point of lnteraeotlon along', i' the said South-westerly line of said County Road for a distance of 75 feet; thence running South-westerly on a line parallel with the said North-westerly line of said 28th Avenue to a Point in theline of ordlnary'high tide of the Pacific Ocean In Newport Bay hereinafter more particularly described; running thence Southerly along said line of ordinary high tide to a p41nt where the same intersects the said North-westerly line of said 28th Avenue �projegted Soutb-westerly as herelnbefore stated; and running thence North-$asterly along said last named projected line to the point of beginning. .� (d) That the defendants LAZAR S. SAMOILOFF and PAULINE SAMOILOFF.are the ewers, as jolnt tenants, of that certain land -situated In the ivunty of 6Va[ige, State of California l particularly described as follows, to -wits' Beginning at the Point of Intersection of the Soutb-westerly prolongation of the _ :'North-westerly line of Acacia Avenue (formerly 28th Avenue), as show on a Map of "Corona. Dal j Nor", recorded in Book 3, pages 41 and 42 of Miscellaneous Maps, records of Orange County, California, With the South-westerly line of the County Road as described In the deed recorded may 3rd, 1916 in Book 282, page 172 of Deeds; thence South 4oy West along eaid Routh -westerly prolongation of the North-westerly line of said Aoaala Avenue,'254.80 feet to a point in the line of ordinary high tide of the Pacific Ocean in Newport Bay, hereinafter more,partleularly described;. said point being in a ourve concave to the South-west and having a radius of 1000. feet, the radius at eakd.point having a bearing of South 57> 32' 15" West; theno4,South- easterly along said curve, being along said tide line 25 feet to a point; thenoe!North 44" 14' 30" East 247. 22 feet to a point in ;the South-westerly line of the above mentioned County Road; thence North 29. 03' West along the South-westerly line of said County Road, 455 teat to the point of beginning, containing 0.2 acres, more or less. Subject to deed of truef 1n which Citizens National Trust'& Savings Bak of. Loa Angeles Se Trustee, which said defd of trust we recorded December 24th, 1940 in Book 1076, Page 28 of Official Reaorde. ' (e) That the defendant SYBIL GRANT IVSY.Is the owner of that certain 14nd.situated in the County of Orange, State of California, particularly described as follows, - to-wltf That portion of Bloch "Dm of "Corona Del Mar", an shown on a Map race ad In Book 3, Pages 41 and 42 of miscellaneous Rape; records of Orange County, California, ly g Southerly of and adjacent to that certain County Rand,." Bribed in a deed regarded Nay, 3rd, 1916 In Book 262, page 172 of Deeds, and more particularly as follows: peglrinl g at a polo, of intersaotlon of the Southerly line of,eald County Road, and the Westerly like of Acadia Avenue in said Corona Del Nor, produced Southerly to this Iatereeotion; thence a uth 25" 03" 00" Bast a distance of 45.00 feet to the true point of beginning in the Bogther . 11ne;of.said County Road) thence South 44. 14"301 West a dietence of 247.22 feet to 3 point thelllneisf ordinary high �Ide of the Pacific Oce in Newport Bay,' hereinafter more pAWtia ly deeorlb-� ad;. thence Routh -easterly along said de line, along a curve concave tp;the Wed .and haying a Mill" of 1000 foe%, a dietenoe of .00 feet. to a point in said tide line; th�,Ttnos Worth 51" 323 st to a point outherly ounty "� L. a`�O�of taoatilaing 0. E77eaaid .o�orlineiline eaSdistanoe. ofn66r.�94er tp thepoint;� IL 355 Subject to a certain deed of trust wherein Citizen National Trust A savings Bank o toe Angeles is Trustee, whloh,said deed of trust was recorded September 28th, 1939 Sn Book 1 16,_ page of Official Records.. (f) That the defendant JAMES IRVINE is the sWner of that certain land situated 1n t e'County of Orange, State of California, particularly described as follows, to-wltt Beginning at the point of intersection of the Westerly line of Bayeide Drive as scribed in the Heed frpm.The Irvine.Company to the County of Orange, recorded June llth, 1 36 in Book 830, page 217 of Official Records, with the North-westerly line of the lend scribed In the deed to Jamea Irvine, recorded January 5th, 1938 in Book 921, page 326 of 0 flolal Records; thence from said point of beginning South-easterly along the Westerly line. o .said Bayeide Drive td a,polnt In the South-westerly prolongation of the center line of Avooado Avenue (formerly�27th Avenue) as shown on a Map 09 "Corona Del Mar", recorded in Book 3; pages 4f and 42 of Miscellaneous Nape, records of Orange County, California; thence South- westerly along sod South-westerly prolongation of the aehter line of said Avocado Avenue to ) its Intersection. with the line of ordinary high tide of the Pacific Ocean 1n Newport Bay here-( ihaf ter more partidularly described; thenoe North-xeo:erly along said tide line to a point i in the North -wee tcrly line of the land deeorlbed 1n said deed to Jemee Irvine; thence North- I easterly along the North -'westerly line of the land described In said deed to James Irvine to i the point of beginning. (g) That the defendants JOHN H. WOLFROM and LOUISE E. WOLFRON are the owners, as joint tenants, of that certain land situated in the County of Orange, State of California, particularly described as follows, to-wit:j That portion of Block "D' of "Corona Del Mar-, as shown on a Map recorded In Book 3, pages 41 and 42 of Mieaellaneaus Maps, records of Orange County, California, described an beginning at the point of intersection of the South-xeaterly line of the County Road deeded to Orange vounty, California, which deed sae recorded May 3rd, 1910 1 Book 282, page 172 of Deeds, and the North-xeaterly line of 28th Avenue, as said 28th Aven; is shown on the Nap of said Carona Del Mar, projected South-westerly; running thence North -Westerly from said point of>rnterseotion, along the said South-westerly, line of said County Road a distance of 75 feet; thence running South-westerly on a line parallellvitb the said North-westerly line of said i 28th Avenue to a Joint in the line of ordinary high tide of the Pacific Ocean in Newport Bay, hereinafter more particularly described; running i#4, oe Southerly 'along eaid , tide line to a ; point where the same Intersects the said North-weadrly line of said 28th Avenue projected South -Westerly; and running thence North-easterly along said last named projected line to the Point of beginning. - 1 Excepting therefrom the South-easterly 40 feet. (h) That the defendant ELSIE VAN ETTISCH Is the owner of that certain land situated in the County of Orange, State of California, particularly described as follows, to -wits T.".at portion of Block 'D" of "Corona Del Mar", as shown on a Map recorded In Book 3, pages 41 and 42 of Miscellaneous Maps, records of Orange County, California, lying Southerly of. and adjacent to that certain County Road as described In a deed recorded on May 3rd, 1916 in Hook 282, page 172 of Deeds, and more particularly described as follows: Beginning at a point of intersection of the Southerly Line of said County Road (now Bayeide Drive), and the Westerly line of Acacia Avenue in said Corona Del Mar, produced Southerly to this intersection; thence South 29. 031 00" East, a distance of 111.94 feet to the true palnt of beginning of this paroal In the Southerly line of said County Reed; thence South 51' ;21 ,2" West 239.40 feet to a point In the line of ordinary high tide of the Pea if In Ocean in Newport Hay, hereinafter more particularly described; thence South-easterly along said tide line, along a curve concave to the West and having a radius of 1000.00•fast, a distance of 25 feet; thence North 56. 51' 55' East, a distance of 216.09 feet, more or lees, to a point in the Southerly line of said County Road (gow•Bayeide DAve); thence North 290 03' 00' West, a distance of 48.10 feet to the point,of.beginning. Subject to a certain deed of trust wherein Citizens National Trust A Savings Bank of Los Angeles is Trustee, which said deed of trustwas recorded March 7th, 1941 in 'Book 1060, page 477 of official Records. ' (1) That the defendant CALIFORNIA INSTITUTE OF TECHNOLbOI, a�Callf,'ornla borpo ration, Is theownerof that certain land situated 'ip the County of Orange, State, of Callfornla,- particularly deeorlbed as follows, to -wits ' Beginning at a point which Is the intersection of the North-weaterly line of Dahlia tvenue (formerly 31et Avenue) and the South-xeaterly line of One" Boulevard, an shown an a Map of Corona, Del Mar, recorded 1n Book 3, pages 41 and 42 of Hipoelleneous Nape, reo6rds of Orange County; California, and running thence North 500 Nest 42.78 feet; thenoe south 40. 49' Nbst'23. 79 teat to a point; ,thersoe south 40. 49' West 128.16 rapt to an iron poeL;_•Lhengo' South Or 371 West to an Iniom4tion with the 11ae of ordinary high tide of the'Paeifie Deean in Newport May, herelnartei more. particularly. .deeorlbed; thence Southerly along eaid tide line to the polnt'of intersection wlta,the South-xeaterly extension or the NorthLweaterIF of said Dahlia Avenue; . thenoe,. North-easterly, along eaid extended line and e�lorrg the Nd ,er1y line of said Daglla .Avenue td the point,of beginning.-. 356 ,(J) t,the defendant CAlZiORNIA INSTITUTE OF TECHROL001; a Oalifo.mia oorporation, In the owner, object to the conditions contained.in the Last kill and Testament of Arthur Amos Noyes, fle eased', of all that: certain land situated in the County of -Orange, State of. �Caiifcrnia, p tioularly described as follows, to -wits Beg1 ing at a point in the 'Bouth-westerly line of Ocean Boulevard, which point le. 42. 78 feet No 509 West from the point of intersection of the'North-westerly line of .Dahlia t Avenue (fomer y 33et Avenue) and the,South-westerly line of said Ocean Boulevard, as Shown on i a Map of Corona Del Mar, recorded in Book 3, pages 41 and'42 of Miscellaneous Maps, records of Orange County,,Californla; thence Soutfh 4oe 49, West 23.79 feet to a point, thence South 409 49' West 128.1(F fcut to. an iron poet; (thence South 49' 37' West to an intersection with the line of orflinI high tide of the Pacific Ocean In Newport ,Bay, hereinafter more particularly ' described; thence Northerly along said tide line to its intersection with a line vhloh bears South 571121 West from a point in the said South-westerly line of Ocean Boulevard, said point being 164.22 feet North-westerly from the point of beginning; thence North 570 121 East to the said South-we4erly line of Ocean Boulevard; thence South-easterly along the South-westerly line of- aid0 can Boulevard 164.22 feat to the point of beginning. (k) hat the defendant THE IRVINE COMPANY, a West Virginia corporation, is the owner of that aortas land situated in the County of Orange, State of California,. particularly described as follows, to -wits ' Commencing at a point, which point is South 71' 38' OV East, a distance of 5097.53 feet from the common corner of Sections Twenty-six (26), Twenty-seven (27), Thirty-four (34) ,.:I and Thirty-five (35), Township Six (6) South, Range Ten (10) West, S.B.B.& N.; running thence �� South 55''00' East 234.72 feet to a point,; thence South 30e 001 East 998.00 feet to a point; thence South 170 30' East 755 feet to h point; thence South 40e 00' East 135.83 feet to a 1 Point,' being the true point of beginning of the land herein described, and running thence from said true point of beginning North 500. 00' East to a point in the Westerly line of Bayside Drive as described in the deed from The Irvine Company to the County of Orange, recorded June llth, 1936 in Book 830, page 217 of Official Records; thence South-easterly along the Westerly [ line of said Bayside Drive to a point in the North-westerly line of the land described in the ` deed to James Irvine, recorded January 5th, 1938 In Book 921, page 326 of Official Records; thence South-westerly along the North-westerly line of the land _feeoribed in said last mentioned deed to a xInt in the line of ordinary high tide A'.,ths Pacific Ocean in Newport Bay hereinafter more particularly described; thence North-westerly along said tide line to the : true po?nt of beginning, t..uy.,.i." (1) That the defendant CITIZENS NATIONAL TRUST & SAT" 'BANE OF LOS ANGELE8, a national banking association, is the owner of that certain land situated in the County of , Orange,- State of California, particularly described as follows, to -wit: Parcel 1. 'Beginning'at the point of intersection of the North-westerly line of Carnation Avenue (formerly 30th Avenue) with the South-westerly line of Ocean Boulevard, as shown on a Map of 'Corona Del Mar', recorded in Book 3, pages 41 and 42 of Miscellaneous Maps, records of Orange County, California; thence South-easterly along the South-westerly line of said Ocean Boulevard 93.00 feet to a point 207 feet North-westerly from the most Easterly corner of Block 'C' of said Joronai DelMar; thence South 57e 121 West to the llnp of ordimry. high tide of the Pacific Ocean in Newport Bay, hereinafter more particularly' described; thence ' Northerly along said tide line to its Intersection with the Bouth-easterly line of the land described in the deed to Elsie Van Ettleoh, recorded March 7th, 1941 in Book 1084, page 173 of Official Records; thence North 56. 51' 55' Eaat along said South-easterly line a distance of 236.p9 feet to a point in the South-westerly line of that aertaln County Road ea described In deed -recorded May 3rd, 1916 in Book 292, page 172 of Deeds; thence South-easterly along the Southerly line of Sold County Road to its intersection with the North-westerly line of said Carnation Avenue; thence .Soutb-westerly along the North-westerly line of said. Carnation Avenue' to the point of beginning. Excepting therefrom the portion included within the following: Beginning at the Northerly corner of Lot Eighteen (19) In Block Two Hundred Thirty-one (231) of said 'Oorona De Mar -,'and running thence North 50. 00' West along the Southerly line of that certain 40 feet right of way deeded to the County of Orange by deed recorded in Book 282, page 172 of Deeds, 38.30 feet to the beginning of a curve concave to the South and having a radius of 109.4.5,feet;. thence along said curve 108,50 feet to a line tangent; thecae along said tangent line South 73s 12' Wee% 11. 29 feet to the beginning of a curve conaaye to the North and having a radius of 1 316.10 feet; thence along said curve 63.12 feet to the beginning of a ourve conowfe to the North-east and having a radius of 143.51 feet; thence. along eaid,aurve, 105.55 feet to an intersection with the Easterly edge of the present tmvelled'prlvateroad leading up to the top Of the Mean; thance South 14e 23' Hast 119 feet to a point; thence South 4e 29, East 6D:3o,ro to an intersection with the North-weetsrly,prolongatLon of the North materly line of 51et. Place as Shown On sald.Map of Corona DOI Mar; thence Bouth:500 001, Seat along said panl4nSk.,,.�.,. 169 Test to the..iorth-Veeterly line of! said Block Two Handrail Thirty-one (231); thaaco;.H rtn.`'::'�� 4W o0' East Slang Salk line 270 lest � thepoint, of beginning- ,_) Also excepting therefrom a portion of Block "Be of said 'Comae Del 1(ar!, described followet JBdgi=Jng at's point iri the Nord, -westerly line of Cernation,Avenue (formerly 30th.1 Roue), as Ishown on Raid Nap of Corona Del Mar, which point is 225 feet Soutb4esterly of Use � terseotiaq oI the North-westerly prolongation of the North-easterly Use of Besides Avenue (formerly 51si Place), as Shown on said Nap of Corona Lei Mar, and the aforesaid North-lesterly I. ne of Reid Carnation Avenue; thence from said point of beginning North 50e west along a line parallel witlh'the North-westerly prolongation of the North-easterly line of said eeaview Aenue; Lao feet.; thence South 400 west parallel with the North-westar7J&line of maid Carnation; A*enue,•50.� feet; thence South 500 Fast 120 feat to a point in the North-weaterly line of e Sd Carnatirn on Avenue; thence 40e Fast along the'North-veeterly line of said 0aation ' Aienus 50.6 Seat to the point of beginning. Parcel 2. Beginning at the pclnt of intersection of the North-weeterly line of Dahlia; Avarua (formerly 31et Avenue), as shown on a Nap of *Comm Del Mare, =sorded in Book 3, page■ 41 and 42 of Miscellaneous Maps, records of Orange County, California, extended South-veeterly; w4th the line of ordinary high tide of, the Pacific Ocean in Newport Bay, hereinafter more Particularly described; thence South-easterly in a dlreat'line to a point; said point being j the point of intersection of the South-easterly line of Said Dahlia Avenue extended, with the iSouth-.weaterly line of Shell Street (formerly eAe Street) as Shown on said Map; thence South- I es&terly aldn� the; South-westerly line of said Shell. Street .and. the South-easterly extension � tt.erebf to a point in the center line of Fernleaf Avenue (formerly 32nd Avenue) as Shown an said Nap; t(tence South-westerly along the center line of said Femleaf Avenue'to a point 1n the North-westerly extension of the North-easterly line of Block D33 of Raid Corona Del Mar; i thence South-easterly along said extended line and slang the North-easterly line of mid Block + D33 and the South-easterly extension thereof to a point in the South-easterly line of !°Goldenrod Avenue (formerly, 33rd Avenue), as Shown on said Nap thence South-westerly along the South-easterly line of Said Goldenrod Avenue and the South-weaterly extension thereof to a j Point in said line of ordinary high tide of the Pacifio Doe= in Newport Bay, hereinafter more particularly described; thence Northerly along said tide line to the point of beginning. SI. It is hereby further ORDERED, ADJUDGED and DECREED that the plaintiff County of Orange has no'eatate, right, title, claim or interest in and to $ny of the above described lands. III. It is rurther; ORDERED, ADJUDGED and DECREED that the defendant The City of Newport Beach has no estate, right, title, claim or Sntereet,In or to any of the above described lands except such rights as were acquired by deeds now-pf record from defendant The Irvine Company i and by deeds now of record from defendant Citicena National Trust & Savings Bank of Loa Angeles for tights of way and for easements, and ea4apt such easements for street purposes as are shot.. on the NO of "Corona Del Karl reoso A In Book 3, pages 41 and 42 of Niscellan soua Nape, records of Orange Cauntp, California, as have not been abandoned. IV. it I further ORDERED, ADJUDGED and DECREED that the line of ordinary high tide of the Pacific Ocean in Newport Baybordering the lands above described belonging to the respective defendants, other than the defendant The City of Newport Beach, Se particularly describedas follewe; to-witl - Coayencing at a, point". w:,ich point is South 71. 38' 04e East a distance of 5087.53 feet from the common corner of Sections Twenty-six (26), Twenty-seven (27), Thirty-four (34) and Thdrty-five (35). Township Six (6) South, Range Ten (10) Neat, S.B.B.& M.; running thence South 55. Ov' East 234.72.feet to a point; thence South 30e 001 Fast 998.00 feet to a point; j thence South 17. 30' Fast 755.00 feet to a point; thence South 40. 001. East 135.63 feet to a i point; being the true point of beginning of the line herein described, and running thence from said true point of beginning South 40e 00' East 1454.97 feet to a point; thence South-easterly ! around a circular curve with a radius of 1000.00 feet bearing South 30. 30' Nest concave to the South-west, a dletance of 637.43 feet to a point; thence Southerly and South-westerly amoral a circular curve, with a radius of 350.00 feet., bearing South 67e 011 19e west, con- i Gave to the Neat, a distance of 403.40 feet to a point; thence Bouth-westerly, Southerly and South-easterly around a circular curve with a radius of 170.00 feet, bearing South 46a 56' 28e i Fast, ameave to the East, a distance of 231.48 feet to a point; thence South 34e 59' 35e East, 179.49 feet to a point; thence South 190 02' 30e East, 302.62 feet to a point; thence South 1 6• 47' 49e East, 900.22 feet to a point and which point In South 520 32' 40e Eaut, a distance of 2680.44 feet from the common Corner of Sections Thirty-five (35) and Thirty, nix (36), Township Six (6) South, Range Ten (10) west, and Sections One (1) and Two (2); Township Seven (7) Soutti, Range Ten (10) west, B.B.B. & X. V. That the said lips of ardinary� nigh tide harainsbove described oonatltutee the boundary line between the laade hereinabove described and adyudged slid deax'eed'to be owned in'. severalty by the respeotive.defandente herein, other 'than the defendant The City of Newport Beach, and the tidelagSe A'nd submerged lands in'said Newport ppv adjoining and bordering upma, i.. said lends hereinafter referred to Sn:Paragrsph PI.. It is further ORDERED, `AAMGED and DECREED that the lands' contiguous to and abatta ilg the lands herein ad Judged and decreed to belong to the respective defendants aforeenld,; . other than the defendant The City of6 Wewport Beach, and lyingr without or bayward of the line 6 .orjdinary. high tide as hereinbefcre described, -are tideland@ and submerged lands In Newport May j in the County of Orange, State of California, and era owned by the COUNTY OR ORANGE, the plaintiff heroin, in trust for the uses and purposes particularlyset forth In the Act of Legislature of the 8tate,uf'Ca11foEnla, approved May 25th, 1919, dealgLed at chapter 526 of the Statutes of 1919, -page 1139, and that said defendants, other tb the defendant The City i ad Newport Beach, have n t nor hope any of than any right, title, iataraet or estate In or to- sald•tidelanda and as d submerged lands eeoept that said answering defendants, and each of them, are. the owners of uch rights In said tidelands and said submerged lends as belong to the owners of uplands abutting thereon. i 1 VII. It 1n further ORDERzrl' ADJUDGED. and DECREED that the defendant The City of Newport Beach has no estate, right, title, claim or -interest In or to said tidelands and said nub - merged lands,,nr any part thereof. DONE in open court thlq•3M dsy of April, 1942. �G. Y. Soovel Judge of said Superior Court ' The foregoing inst rument'Ss correct copy of the original on file In this office. Attest April 3rd, 1942: ((COURT SEAL)) B. J. Smith County Clerk and Clerk .of the Superior Court In and'for the County of Orange, State of California: By L. B. Wallace, Deputy. Filed Apr. 3, 1942. B. xJ. Smith, County Clerk. By LBW Deputy. . 7569 Recorded at Request of Roy V. Shafer at 20 min. past 3 P.M. Apr. 3, 1942,ia Book 1141 Page 353, Official Records of Orange County, Callfornia. Ruby McFarland, County Recorder. Jessie Hutchison COMPARED Victoria Allen c - -- coo 5--- 7603 �M a THIS DEED OF TRUST, made this 20th-day of March, 19L2�,,!�b,etween F. G. OWINGS and -I JENNIE 0. OWINGS, his wife, herein called Trustor, THE FIRST" $A,a{vNAL BANK OF ORANGE, 'a `. corporation, of Orange, California, herein called Trustee, and ORANGE BUILDING AND LOAN ASSOCIATION, a corporation, of Orange, Orange County, California, herein called Benellclaiy,' I WITNESSETH: That Trustor Drente to Trustee in Trust, Irrevocably, With Power off 1 sail, that property in the,City of Orange, County of Orange, State of California, described t SSk (6) in Block -A' of the Bonnie Brae Tract, as per map 'thereof recorded in Book 4, page 8 at Miscellaneous Maps, records of said Orange County. Including all appurtenances, all easements used in connection therewith, all water and water rights (whether riparian, appropriative or otherwise, and whather or not appurtenant) used In' connection therewith, all shares of stock evidencing ;hi -cams, pumping stations, engines, s machinery, pipes and ditches, TOGETHER WITH the rents, issued and profits thereof, SUBJECT}}r�_. HOWEVER, to the right, power and authority hereinafter given to an¢ conferred upon Beneficigry to Collect and apply such rents, issues and. profits. FOR THE PURPOSE OF SECURING (1) Payment of the eve of =1500.00'with Interest thereon A000Pding to the terms of a promissory note or notes of even date herewith, made by Trustor; payable to order of 4Beneflclary, and extensions or renewals thereof; (2) Perfomance.of. eaeh� agreament of Trustar herein contained; (3) Payment of any and all obligations now or hereafter owing frog any Trustor hereunder to Beneficiary and secured by mortgage or deed of trust of real property, or stated to be secured by this Deed, whether such obligation be (a) Joint or, several; (b) direct, indirect or 'cont3agent; (a) due or not; (d) payable to or otherwdme acquired by Beneficiary; (a) evidenced by proalssory note or otherwise, A. TO PROTECT T83 SWURITY OF THIS D= OF TRUST, TRUSTOR AOREEBt ,(1) Pro" to sere for keep the property In'good condition and `•'' v ,' .1i eD Pap y B 'iropmir; �� (a) Not to remove or 4woll h any. building. or improvement thereon; . .'='"i; PIEf 5. AND 'FLOATS IN. CAk?-�%TIDN Covz 13oJ 2315 231q $�yS,D UR V �o' y 44 Z323 r 'a fZC1 lu4v..t �vj % , • (INGN,AM rN -f �r ` �a �KLlilEhl) r 105 it �l /'Jlrr/ 'Ghl� I ?oPOSED EICTGNStoN (SPO6UE) 8Y MAPGES ! •i MARINE DEPARTMENT September 28, 1977 TO: CHAIRMAN.AND MEMBERS OF THE JOINT HARBOR COMMITTEE FROM: Marine Department SUBJECT: HARBOR. PERMIT APPLICATION #105-103,BY DEN "DEANS"TO'REVISE. A PPER AND.. FLOAT AND. CONSTRUCT A CANTILEVERED DECK AT 103- . BAYSLD . PLACE., CORONA DEL: MAR Action Formulate a recommendation to the City Council. Discussion Listed below are two alternatives the Committee may wish to consider in the formulation of its recommendation. Approve the pier and float revision and deny the cantilevered deck: 2. Approve the pier and float.revision and the cantilevered deck subject to submittal prior to issuance of the Harbor Permit of a Registered Civil or Soils Engineers Certification that the existing retaining ,wall will support the proposed cantilevered deck. This application has been brought to the Joint Harbor Committee for review and recommendation in compliance with Section 5E of the City's Harbor Permit Policies which states: "Prior approval of Orange County will be required when work extends over tidelands claimed by the County." In addition, Section 29 of the Policies states: "In areas where the waterways are privately owned and within Promontory Bay, patio type decks may be cantilevered beyond the established bulkhead lines....." In this area, the waters bayward of the Mean High .Tide Line are publicly owned, therefore should the Committee recommend approval of a variance, City Council approval of the application is required. The Harbor Permit Policies do not provide for cantilevered decks except as stated in Section 29 of the Harbor Permit Policies. The only zones where cantilevered decks have approved Harbor Permits are Dovers Shores, certain segments of Linda Isle and within Promontory Bay. PAGE TWO APPLICANT: BEN DEANE A portion of the proposed deck will extend over County Tidelands with the majority to be constructed landward of the Mean High Tide Line. Currently, three other cantilevered decks exist in this general area. However, staff was unable to find any record of City approval for these decks. Other extensions beyond the bul'khead in this area serve as access for jointly owned piers and floats (Exhibit B). Should the Committee recommend approval of the cantilevered deck, the require- ment of an Engineers Certification on the retaining .wall .is suggested to insure the integrity of the wall for the -enefit of both the applicant and the City and County. The proposed revision to the pier and float will conform to the Policies and Standard Drawings. Notices for today's meeting have been sent to the applicant and surrounding neighbors. D. HARSHBARGER, DIRECTOR Marine Department /'55L'4 G1en.E. Welden Tidelands Administrator GEW:11 Attachments tlz3o J -h231S �23iq ��YS'�E >]2{V� +� 2323 9 QV �O i J `C! r ry all Av'ys ^ K�1J r. Of, CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 December 3, 2002 J � Robert Cohen P.O. Box 2741 2029 Century Park E Ste.I Los Angeles, CA 90067 Re: Pier Permit RP12926861 for 2686 Bayshore Drive, Newport Beach Dear Mr. Cohen: The City of Newport Beach has received a complaint regarding a violation of the City Council Harbor Permit Policy 2 LA that states: "Boats moored at private or public docks shall not extend beyond the projection of the property lines of the property to which the dock facility is connected" There is a boat berthed at your dock that encroaches across the projection of the side property line into the permit area of your adjoining neighbor at 2676 Bayshore Drive. Please relocate these boats within 10 working days from the date on this letter. Failure to comply with this notice may result in Citations and fines. If you require additional information regarding this matter, please call me at 949- 644-3043. ;Sincerely, Weal Arm Harbor Inspector Harbor Resources Division 3300 Newport Boulevard, Newport Beach " CITY of N��Y,oOPr B�Acy-csrgSfTZ-7 a C C oN k Q-ti4i `n*j q� Y � N£w DocK- Z, � ro [>. ro<h - .•.FPS (n'n' f. JF- IML�w `.. c�O'.+tomIrvr � ('' rIII %/i w(r•ot ?^ �� p R T •.<aaow TV/tic fl7r y r e R k (J T•Tie r.) �.•�.• C "," y C •wit cdo v O A O(( MA( C�'S c VICINITY SkETCH r(<t�srrs E.,t N(wsoac BAY Cat iCea N/A y J a Jtrtr SOUndin95 are e.rpie ss ed /n Pe r>< and d�nofe F m �_ `• /Cl dsp>•s+a below Meoy Lower Law Wofer. Mor,.. `range o{ li de opprox/nro is/y /O /eel Horbw /.fires n \\ q or�.,,ea/ob/r'ghed m rthis , secfion of Ne wpoif Bo/: 131 n* r \ (S��Cf< J \ ,� ./+ \per•. eeee i + Tq p, L yyq A �• p • / t 1 iolinfly our Ap //CV/rlF L/c vrs 'r�r2 i ✓E �%'�flrYM1� e�r� fSQvs ✓oa Ameess, 26<9 9, 9A �F/JQ CoureAcroa: Sane 16o r 0ATE,•/131109 IGEJ/_s��: c/zullJ`9 •°' � '°`. "� � � r\� tf� � �//ta/�jr �^�aoesoJ Yv` �5`�-' - � 9 � f / `-^=:n '. •})Fd .. /"'a �`. '\}\_��r.�,;;�*¢`fir �'��=- y, 5y `s.a � -- - 19 - z9..' -F01 �T oe u v/H �WYN9N/J - .� yII}}t- \^ , _e bb D A1.1.' -.. (7t. �{ 't + b ,. k; ".ou z=�'f�'✓� I N 1c ^ 2,_ .zI•EP 4..- `J•,{`s I CS, y_trrs��„ a .•� `r -�1 ,n71vr�1) SNi -_2 li.� 9�' v •�aa\'Q= wO� `11 / //: (N wEr9/°woidTF//�S :v / '�i�, o. �', a`i•;"•'1 :, r 3 / `i y a. . TA r `C. - �} ���•' }!J� } (r /" Q °+�w^/ .. // r`�J �`r l6J-lf1 f1 Cc I , \\V 40 P y a LAt;:, TITLE ASSOCIATION STANDARD COVER -AGE POLICY 5CytD::!_E A i =c77:9 LtARC,_. Y• ~.� t".'D`iALDq oHN Mz N_4 DCNALD A. _ Y.:•tili- D0NALD AND FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF SOUTH PASADE`A; A CORPORA'ION_ TITLE TO THE ESTATE OR INTEREST COVERED BY T-�15 POLICY AT THE DATE -iEREJF IS VESTED iNl MARCIA G. MC DONALD-:A MARRIED WOMAN, AS HER SEPARATE PROPERTY* AN "..DIVIDED ONE—HALF INTEREST AND JOHN' M— MC DONALD AND MARCIA G* DONALDc HUSBAND AND WIFE- AS COMMUNITY PROPERTYo AN I_jNDIViDED ONE—HALF INTEREST* 2_ THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN SCHEDULE C COVERED BY THIS POLICY I51 A FEE AS TO PARCEL 1 AND AN EASEMENT MORE PARTICULARLY DESCRIBED AS PARCEL 2_ _ S rf _ :ECd 7Lc.. .. e [iaL?t✓'a�aAf L^ ANY rvLiTiIAL J1i�iJiL lj-: SAI LAND «nICH L:r.:. ALST�:tL" ..r -_ J= ..__...��..._.. -r-'= VAR :iL=✓ ::'i =DCK 2-1 PAGE -L AND EAS� c�c..7 .S — 55 TO 7,-.127 POPTi ON 7j SAID LAND WHICH LIESWEST RL_ OF THE -_ «ALL $-:+W:� ON THE LAST ABOVE tREFERRED,r J RSiUKO OF s.xdZY. _ -ur_ ^?vc •_,c-;� : C�K T:u'.5 AND R=_SRTCTTONS AFF CT- G _R il-J�C C- =At 2f AS 'T`.::.`.r .�-'rev �R�. it :-�.�� .( iI.-�C '�_!`LG.fKwTi Q�c RLL C. R'STRiCT:ONSf RECORDED WARCH 49 i.941 ii\ BOOKri ?i PACE L4,2• _. rnn-' �•: - _:a_*- n VIOLAl'-'N' 7'.-"R�3 SHALL NN l ✓=r SAT DK RE?GDCIR ✓ ]:V Z.�.� HE L!E' :DF ANY M---uTiG A._E ._ E _r r .$RS7 SA..E v J.:vL � A. �11 :ZN 2. Y 1 r . LRCv SHALL `LM N\ RELK y'=w r.l ✓L:.r r. 'l ♦J.�. N.M✓r . .: J.li✓ "•�� AN =ASEMEl47 =OR EITHER OR. BOTH nOL E LINES, CONDUITS AND i!'iC:�ECiTAL PURPOSES AS SET FORT-. 11-: AN INSTRUKEN7 RECORDED IN aO4K IB45 PAGE 60; O= =IAL RECORDS, OVER THAT PORTION OF P:A.RCEL i iNCLt1^EO W1TH2N PARCEL 2. EA4E?EhT F:3 ScrEKS q!4 ihCiuE.'�TAL PURPOSE AS SET FGK''+ I1, AN 7, Ati ?rySTPUwE'17 KLCVrtOED r,. BOOK 1846 PACE 16e OFFICIAL RECORDS? OVeR P.RC71 2, -^.G ANi. INCIDENTAL P'JRPO°"o ^5 SE '.�r' .. •r➢,.°J ,. J RUI.r'; .".LJK,^,tC IN, COOK ° DF.u- 4J, P,:.R-.0'; :)r. DARCE: ie vT1L ^Y vli •(G.J]CS V P :.4CE1 LY'4,'-, ziT:-:iA PA RCEL'2 eJAS RESERVED it. THE DEED �i7I7E?o5 !1=TIONAL TPUST & SAVINGS BANK OF LOS A!,3ELESe _ A?r i 95C I -O,CK 1961 aAG, 2c0* OPFi\iAL 2EC?PDS• RYV �aI ;7F=i iAL ?A. 45^ BOOK 1969 PAGE A'rD IN DEED FROM MYRTLE4. ivEYe RECORDED JUNE-18e a w BOOK 2751 PACE 29r GFF1C;AL RECOR,Sr AND IN DEED FROM mAR71IN Re KLITTENo RECORDED JUNE 18i ly54 iN BOOK 27.. PAGE 21e OFFICIAL RECORD -So 6.TNDI'0 r{INED IN THE i uJ. \�V�t{n,➢ISe CONDITIONS ANU RESTRICTIONS \ fi ABOVE MENTIONED DEEDS* WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. 11, THE FACT THAT THE PORTION OF SA"D LAND LYi,iG WESTERLY OF THE SEA WALL IS COVERED BY THE WATERS OF THE PACIFIC OCEAN IN NEWPORT BAT* AS SMOPiN ON RECORD OF SURVEY i•iAP FILED IN BOOK 21 PAGE 20 OF RECORD OF SURVEYS* AND ALSO BY THE COUNTY ASSESSORS MAP, 12, AN EASEMENT OVER THE SOUTHERLY 6 FEET OF SAID LAND FOR QEDESTRiAN PURPOSES* TOGETHER �1 . THE ..tGtaT. TO 175E THE PIER AND SLIPS NOW LOCATED On SAID PROPERTY BAYWARD OF T"E EXISTING SEA 'MALL AS RESERVED AND SETT FORTH IN THE DEED BY MARTIN R. KLITTEN AND WIFE TO MARTHA HYE.Rr RECORDED NOVEMBER 27* 1959 IN BOOK 4969 PAVE 525, OFFICIAL RECORU3. 13_ THE RIGHT TO CONSTRUCT AND MAINTAIN A PIER AND FLOAT SYSTEM* AS SE FORTH IN EXHIB.1 "A" AITn..HED TO THE HEREINAFTER RE _RREU TO JUDG`!ENTr SO THAT THE FLOAT ATTACHED TO SAID PIER EXTENDS •.`� T..?r cv T`r;clnu nF TF4P rnm.mnm LOT LINE B> TWE_ SAID LOTS- 109 AND 107 DESCRIBED IN SAID .JUDGMENT* BEYOND SAID LINE OF +�AN H,r-_H TIDE+ Al��, THE TERMS AND CONDITIONS CONTAINED 1N A CO.'S=•• JUDGMENT F:.TERED JULY 36* 1967 IN AN ACTION ENTITLED _c_::: MGN MARTIir VS. CHARi..ES y• LAWS t 7 AL. ➢ C-ASE 14+9=.2. 1. ,�� ,°•_ CDoy OF ei;CH MAS RLCvR.:t.. JULY is* 19o7 IN BOOK -F..iAL !=L h+�. •._. 0 .• i� a r1:i�M1 r+IJ �... �.: .. . r..rr •ram _ r� 1 A.!i y. �'.�4 e_.,! 1.�.'.L« - u.>... �:• �.. .. ... rr. .iV01_ ..i 171 �CH�CL�L C -- v ✓LSC=ir'-i) AB FOLLvw50 r Afq� _-=:jRZD T,J • �111 JLiC- IJ `•"'y'Kv ^r AS APB i OF SAi^ CvUNT`!,t DCSCPIEr.. AS F;LLD"SL - DO, - yTcRc_CTrr.n, .O.- T«E ti._^aTryccTcPLv I• ? _ EA.,lI� ENUE. FDRNERLY `A- ^^ THE ..ORT°CASTERLY LINE 0= S _n AV iCL.. .-N J T^ 4OR;,5`-nLr ri1E ^.c CAR.�AT•ON AVENUE. Cv n:V r ST PLACE✓AND 3^.T..•AVE4,.0 ''+ E TAV EtiUEt AS �AiC 61 + ' A++!A= OF COR^-A DEL MARS THENCE NORTH 5 ° 19' 30" SHOn.' O;t ✓' _ F THE r C CC r •LONG THE NCK NWtS Er(L a '.%�ONuAT.LCN C HEST 12'. F ':ORTHEA EriLY L:NEOF SAIL' SEAVIE� AVENUES THENCE SOUTH 390 4O :C" WEST 105.93 FEET. PARALLEL WITH THg NORTHWESTERLY LINE T • •f,E•,I�C 0. THE T',?Li_ MLI�,NT GF 4JrGINNINGi THENCE °'ORT 68' 531 18" WEST 139.36 FEET; THENCE NORTH 850 20' 2£" T... F- TO - LINE OF T ORDINARY HIGH TIDE` OF THE PACIFIC n J V J• 1 -_ r _ DESCRIBED IN THE DECREE ,cENDERED APR- OCE IN NEWPORT 2AYt AS .- c+ u• r...v COUNT: f ✓r ORANGEv P�A1 NT 1^ nr>^L A�. AC i�'•'�� ENT IT, C'? arni ruTV nC nIl• C n. " C NO* h r- vc �cul.R, cY um LLITSt AND OTHERSt DEFENbANTS t A SU?E t:O�vF THE STATE OF CALIFOft€ViAt E COUNTY OF ORANGEt A CERTIFIED COPY OF WHICH DECREE WAS gcCORDEp APRIL 3t 1942 IN BOOK 1 s PAG- 3r OFFICIAL RECORDS; c':Le lit LY .. •93 FEET ALONL? ALD U(01 AKY' nI B LINE; '^ENCE SOUTH 79° 27° 33" EAST 49.71 FEET$ THENCE SOUTH 68° _: baK CAS i4`°•25 FEETi THENCE NORTH 39° 40v 3O" EAST 52.74 -=-'t=aRLLLE'- WITH THE NORTHWESTERLY LINE OF SAID CARNATION AVENUE= Tl TRUE ?DINT Or BEGINNINGo MAP FILE ✓ C. '^1J ✓n,'i ;,r iJ 1 .ar_v.. ...J W1T:'L�. 4FE MRtM" SHOWN Gh ' BOOK 21 °AGE LC OF RECORD OF SURVEYSs IN THEMCFFICE OF THE CCU"tTl' RECORDER OF SAID COUNTY. Mrt�c ,a LeTY PURnOr_c T.j BE - -•- A eA7 AirD CU✓LTC vTi L, r r .>✓..+• C �,'. r :I� fiJ ✓ 7- ^T:IN;''ERS: JVCn A?.✓ THR✓JGH THAT rvRTLvN ✓ O=ON: MARv IN T E CI';Y OF ::".CWDOR7 BEACH* COUNT _ = STATE J_r R MAD RECOROED IN BOOK TATL OF'CALIFORN:Av AS PER }•' TuC �CCi LC nc TuE 9v7 42 Or ul.r.C-LLFt �: C_nLiS V.L DG: _ _CUN-Y 'ECCRDEP GF SAID COUNTY, INCLUDED WITHIN A STRIP OF AS =-l-LCir'S v ERSEC" OF THE :NORTHWESTERLY HIT✓ THE NORTHWESTERLY. �.STERLY L:'iE O`SEAViEi: A'JENUE. vR>Cnr- ^7'�. AV ^:UE AND 51STPLACE ARE SHOWN ON ;.uLD Jv c.CD ,..".'.R-, 5::; 191 .. ''••_ .. C_ .... -u'fc .:+�,_Y °?OLCNGA"i:D+ _ rE. ],`rV THE AES"E�LY .. 1 lJ S VCJyC \ TO •C;I` IJ AL FOLLOwSl ._ r'�a. v. r rJ Y�.'Li LY r •. . I .. .. ... • r v�rr.. �.••cr .� ✓:- -+Kf \ au-Y_ I:ry KE\IK✓=r ❑. - __ .. .. ..r_\r_ =TE y_-.. _I--.I,g uSO�f Ilc'• `:E OFFt�r L _ _ L a • + Z `DR: .. SJ,: •CO;t, Yf DE.SC^tI�ED AS r;.LLOwS ><E 0� .w�TE R CECT 10N 0� TNF t'1 {: Tt+y{F CrEPL`/ ;I'< - ._.^'•;pRT�E?STERLY LING OF SEAVIEw AVENUEFORMERLY �•<OL �'r LrtiT.✓'\ OF T - �F -AR,-,A-1 i Ora AVENUE 7 ST='L'-Ef w: tt TrE`,NORTHWES ERLY 'LIN= -. LACE AND ? Tr AVG _Ir ARE -: �•�ERLv :,, T.; AVENUEf AS SAID 51S P - u ;..`� A �A� OF CORCtiA DEL '•+ARS THE`dCE NORTH :::° 19, 30" TIES" 12C.CC FEET ALONG THE NORTHWESTEFLY PR:;LONGATION OF THE %3RTHEA-�7ERLY LINE OF SAID SFAVIEW AVENUES THENCE SOUTH 390 3 FEET, PARALLEL WITH TH; NORTi WESTERLY LINE 4.i1 iL" ZAR .0].9� T .Ir,F.SLIE -„r. TF:E TRU_ POINT OF BEGINNINGS THEN" E '.:J^ D%-.:V o RNA. la" n `iOPTH Ego 53f la" 'WEST 139.36 FEET; THENCE NORTH 850 TH PA cT B- T.4 FEE;- Tn„ THE LINE OF ORDINARY HIGH TIDE OF .. THE PACIFIC "` •• DESCRIBED IN THE DECREE RENDERED APRIL r�Eg7i Iti NEWPORT BAY* AS rn,..•Tv n o..+.- ii I"' AN ACT IO: wNTITLE✓ �V VOi.I I Off' Onnn.aEs PLAIT'\T1Ff1 VS, S�IRLEY H. WILLITSo AND OTHERS► DEFENDANTS"* CASE NOe 4002` E SLr=x;OK COURT OF THE 'STATE OF CALIFORNIAf 1N AND FOR E CGUNT'i DF ORAtSGEf A CERTIFIED COPY OF WHICH DECREE WAS, RECORDED APRIL 3s 1942 IN BOOK 1141 PAGE 353. OFFICIAL RECORDS; T':E'."E SDkw-,HZRLY 35*93 FEE; ALONG SAID ORDINARY mIGH TIDE LINES T-!ENZE SOUTH 790 271 33" EAST 49,71 FEETSTHENCEV^SOUTH AST682.74 -;+ "aw EAST 147.25 FEET; THENCE NORTH 390 40 ~ -`n PARALLEL WITH. THE !NORTHWESTERLY LINE OF SAID CARNATION THE TRUE POI NT_OF BEGiNNINGo J ,{�.� VM.1J a 1�\rl"Jv✓-iJ ni ':l �r 1!`IE AREA SHOWN ON A MAPFILE" EOpr 2_ °q E ZO OF RECORD OF SURVEYS9 IN THE CFrICE OF THE COL..TY ..ECORDE. OF SAID CO:.1N'"Y. „RCEL 2; j_ �:y C^'v0`: "KITH OTtERSf OVER AND rHROUGH THAT PORTION CORONA DEL MAR, 1N THE CITY OF.NEWPORT BEACH. COUNTY aNCE- STATE OF CALIFORNIA* AS PER MAP RECORDED IN BOOK 42 O` "'ISCELL A`•EDUS uAP5t I."1 Tur OerICE OF ryE _. �,J ��+v oEC•-?DER -,�F SA:D COUNT�o INCLUDED 'WITHIN A STRIP OF CES Rv ,g P_! I'WSS oO•+ OF .\TERSGC7:I:. aF THE NOR?HWES% RLY LT r A` _ �.c V 1'O ,- A\IE�a'vCi niT`a THE N:. n.THWtST .RtY -✓., V -ERLY LINE OF SEAVIEA A'JENUE. Fv^trviER'..Y 3C' A`Jc"cUE AN- 51ST PLACE ARE SHOWN OV ..�f AS-ql✓ 9'3v11 REST 1:9.00 vAn. L 41�.H C-._^l� crv-•ROL_^N3AT _` E .N-IRT 0 y RECORDED AIR. cvc' TO ^njA Y. a4 MEJ "" DEE^v SLGK i3,.F �� .-~2e31 O:cF'�SCiaL CORD_ S rrE57ERLY .. \EI TrE`..'E Ov.r N.c' _- Y r:E OTH �b0 321 3O" MES _D'Vi: .. _ l'o`].-,fl •CAS •L1 •F5• EET TG PCP; H= .. -.-a L.. = - -.: rJ']Jf SA •_c-c.Cr ^My.,,._ -':.c.7 27. 30 1(;4,�O�'-�CIAL RECORDS% `-cNCE SOUTH 7 .>9,~:': 5 D'a✓ii'> .. _ cASTERLY LINE OF SAS:. i` " G 4L;=.vG-THt SOUTH r V7 n=�� 32• ET c. -• -w. c.:r� TyErttE SOUTH 9- 42r 14. EAST 122.2C FEETI TH�4CC _•BSc _ o r 43" *EST 1j71_ 9' 5 WEST 50.73 FEET � ?r+37rtE SOUTH 4 Cc____ TO A J JVV SOUTH ..Co -.-.r .]. '.." nEJT .CL•TL '"i'' -`• _ _ c�� - n r^cT RM1vin Tn:_ •Y, CRZEC !ON S IO✓LII,�E 'dSTH THE NORTHWESTERLY EXTENSION OF THE SOUTHERLY GF THE LAND CONV=YES. TO LAURA M. NEwELL BY DEED RECORDED n + DAGE i OFFICIA.L RECOROSi THENCE :,'.__ER o: 1941 IN BOOK .1C9 55Z S_'iYu 5Oa 19' 30^ EAST i5^.7.U0 F[LIo MARALLEL 41TH SAID NORTH'NESTttLY =x-ENSI":: OF :HE SOUTHERLY LINE AND THE =OUTH-RLY LINE OF SAID E'nwit LAND TO THE NORTHWESTERLY LINE OFCARNATIONAVENUEt THENCE NORTH 390 404 30" EAST 5.00 FEET ALONG THE NORTHWESTERLY Nc OF co.iD CARAT ;ON AVENUE TO THE MUST SOUTHERLY CORNER __ c;. -.`E LL LAND 1 ', C H NC E NVR TH 5 D 4 19 1 3 U WE S, 1 G D V D FEET a OE E O THE MOST WESTERLY CORNER OF SAID NEWELL LAND% THENCE NORTH 4pr 30" EAST 270.b0 FEET PARALLEL WITH THE NORTHWESTERLY _1NE OF SAID CARNATION AVENUE TO THE MOST NORTHERLY CORNER OF A PARCEL OF LAND CONVEYED TO ALON2D LEE BURDICK AND WIFtr lti o nv 1�ea PAGE 90 OFFICIAL 3•i _-LLD RECORDED AUGUST 229 1544 ZORDS% THENCE SOUTH. 500 19' 30" EAST 120900 FEET ALONG THE =LY LINE OF SAID BURDICK LAND. TO '.:;'� NORTHWESTERLY OF NATION AVENUE% THENCE NORTH 390 401 30" EAST 5,00 FEET ALONG TS:E NORTHWESTERLYLINEOF CARNATION AVENUES TO THE ,.SNT OF 3ECINNING. OV PM U \ -,pP -; .�VIM of P V� Rill �: c �_N°��� � d-• �\ c Z •say`''\ \ c ��.La( � � � `\. ` - t;-tt, ' , M ter'^ � c t � "�• ,� t J, �i I,` . Yi, � .. gyp. J :, ,•.. . ." ` 1� +. ,,, m �. V �° ` •\ 9 '�•�" � %�, �e�. �'�-+ �/�) fir! / ur m /05'-/0,3 7' Lc+r9_� t41�OCh _ j /� „T'l-! TE- � E PfYL OP( JQwC�u R Q B.i C'LOA \ Cf•4 t`•. ..... A V IC) M I [ 3 5 K E T 4.. H w[Sf JE]'TI E.rar Ain WPOgr 5Ay CAL IF 0a M;A �, / irr r e So un d,n95 ore eXprc ss ed /✓� {'e c>< and Brno/e. dep //+5 below Mcao/ Lower Las.' Wo �cr. (Noxr.vr _ range of fid-. cpp roz(Pnq �a/Y /D�<c% ,`r'oo.00r ��a5 are eadob/('Shad /n 7'hi5 ..secfien o{Ne wporf Bob. i e GAP I n Lzvev rd¢- -_-L r-.D _ ✓o.L A CITT OF RUPM BERCH ERY I)RCIrIC OCERIV NDFIORT ----------- MY *YA2 N K 2- Ear7, -4X fA ....... WE57 VICINITY MRP NNW mr, mxmm AX�AIAO,97-3,4 v 15AC,47--� PFK)F I LE I v = 40' AlE U ;�772F,4.� im"I i �0,11 INMPHEW 3w 'IV 34 4� 4'A PLAN V I EN 1 " = 60' IFPPLIW'S JOB RDMS.S:/0-3 . pRCIFIC OCEAN S/TE VICINITY MRP M3FW MY, atFMan j ZY Q�MP �o.ao ! IFY NE1r/ ,Q.UCf.��S - E SA c/DL/ uE JE PFX)F I LE I " = 40' EFsr XM SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER.. V 43 . L5 ,BA Y \ !i 1 uA7G�SOR, _`G���10E C4h�D/�/A .DEL MArc I.S/fM_ F ,kN/.5-r (714) 7-F5447 O PLAN VIEW I° =66' I IRPPLICFNT'S NRMEs/>AV /7 „I JOB ADDRESS=/C3 BAYS/OE Pl. IDATE; A I 0 CiA ADM- ?/I, dzp t5 2.6 7AM) 4-SASz, .1. -4 eft 71 103 0--op .. ...... . .... . . ... ..... ...... 4? .. .... . ...... _ _.. .... . .. ... ... ......... -------------- 7 ....... A/7.21 I 4-p— SHEET OF SHEV, SEP 211977 A S. E. 9a7 ial9 .A9sociates, 3nc. Consultants in the Earth Sciences � 3030South Bundy Drlve, Los Angeles, California90088 0 21313904079 ;,yY 2188South Hathaway Strael, Santa Ana, Cali fornla 92703- 714/546-6602 September 16, 1977 W. 0. 1013 Deane Development Company 100 Newport Center Drive, Suite 815 Newport Beach, California 92660 Attention: Mr. Ben Deane Subject: Foundation Conditions Under the Existing Seawall, Deane Residence, 103 Bayside Place, Newport Beach, California. Reference: Drawing Cl sheet), "Residence for Mr. & Mrs. B. C. Deane, 103 Bayside Place, Corona: Del Mar", Stampdated June 1, 1977, Scale 1/4 inch = 1 foot, author unknown. Gentlemen: We have at your request performed a limited onsite examination of the existing seawall and the underlying geotachnical conditions at the referenced location. This letter presents our conclusions and opinions as to the performance of the soils/rock foundation materials under the wall, under proposed additional loads to be imposed by a proposed deck system. The details are shorn in the referenced drawing (see Attachment 1 hereto, for applicable portions of this drawing). On September T, 1977, the undersigned, in company with Mr. Ben Deane, performed a visual examination of the bay side of the sea- wall and a limited water -jet probing of the below -water foundation area. About 6 to 7 feet of the wall height was exposed. We could not see the lower 3t feet, since it was under water. We found no visual.evidence of any significant wall distress - i.e., cracks, linear spelling, tilting, relative differential settlement along the coping or variations in horizontal alignment. The water -jet probing revealed either bedrock or concrete along the entire length 44. "to coy.o. SO" a7 It zt;f,­.j A A g.� Ell _pj. 4,t �... f CE 4bg a/IsYJ� r�r'1f(_I ''' k�'O' 3r" r + h f ,ki P Q N", _"N", an 7 :.A s zw. S A V, 4.4, AML- 5i. l ME ow MAW" tP, Two :4 11". 1�1 4- 1rt��V I 6 OWN K. qp WRE . . . . . . . . . . . % It Ar, I M, Q:R R ',N =405" so M : A 114 f, . . At ... . . 02� . AMID 2. W-A qJN4�' Lfx �_EEn L . . . . . . . . . . . . . . . . . . . . . . . . Pl 009 MW own 1 .. ...... .. .saX .t low FRAMQ to"ti Q. ttr z� tkl�- A"- 9w- Wg ­T-W 10 if vtz iA, A,. % c� 4d s x N t 4 i., 'A.rr z-c 1. MM aj­ 40 lie Too", W its M.", A c C N N v C A THU 13:19 FAX 303 773.0461 NAPG 9002 }ccisling Iv mmcln � , Newport Bay r - -- Une of Pvlkhrod Line of Maan High Title _� i r . ii 11 go 10" ZAP 49 1 LAW OFFICES OF SAN DIEGO OFFICE 110 LAUREL STREET SAN DIEGO, CALIFORNIA 92101 (61% 338-4060 • (858)456-0900 August 2, 2004 ROBINSON, CALCAGNIE&ROBINSON NEWPORT BEACH OFFICE 620 NEWPORT CENTER DRIVE Harbor Resources Division City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Re: 105 Bayside Place Pier and Dock Redesign Dear Harbor Resources Division: SEVENTH FLOOR NEWPORT BEACH, CALIFORNIA 92660 (949)720-1288 Faaimile (949) 720-1292 Reply to: Newport Beach Office Apparently, your office has been told that I had agreed to an infringement of my extended property line rights for a new dock and pier design at 105 Bayside Place. I am the owner of the property located at 103 Bayside Place. This is not true. At this point, I would object to any infringement of my extended property rights. I will continue to discuss this issue with my neighbor in an effort to work out a compromise. Very truly yours, By A44ek I y..J 0 9�e MARK P. ROBINSON, JR. MPR:Ism 01/22/04 THU 13:10 FAX 303 773 0461 NAPG w tp Q 001 Michael J. Ruffatto 4545 South Holly Street Englewood, CO 80111 Telephone: (303) 740-6905 Fax: (303) 771-5200 FAX TRANSMITTAL SHEET DATE: — 2 z _U cf TIME: TO: C/ S /h(c.c -K FAX NO: 7`Z /tomP4 �t77 � s ,4 ; Z,:Z FROM: Michael Ruffatto OPERATOR NAME: Total Pages: z#T Hard Copy Nq� Yes: ❑ Via US Mail: to Follow: ` \ ❑ Other: ❑ (including cover page) Overnight Delivery ❑ Please contact the above named operator if you have problems with this transmittal. RTANT This message is Intended for the use of the Individual or party IIIwhomMPO is addressed end may contain information that Is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message Is not the intended recipient, or the employee or agent responsible fol' delivering the message to the Intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication In error, please notify us immediately by telephone, collect, and return the original message to us at the above address via regular postal service, Thank you. 01/22/04 THU 13:10 FAX 303 773 0461 S' 4 v ti sl . IDS �°� NAPG f�002 Existing to nmaln i ^ ' I •(Qy 4 1 ^ J I r+� - + Newport Bay !ter--_` Una ofAulkl+rod Line of Mwan Koh Tide I jt I Y 01/22/04 THH 13:19 PAX 303,773 0461 NAPG (91003 ,i bF-A s faA�«. AJ f+ki�linq to MnGin� . j r i r � Newport B, y line of dw&. hn,d i a j Line of Moon High T,,,6 I Jr HARBOR PERMIT TRANSFER APPLICATION Date of Applicaton: Permit Number .P/o 5-�/C Property Address: 105 Bayside Place Corona del Mar Buyer's Names: Michael and Joan Ruffatto W Billing Address: 4Tf' - S, fiS,Gc y .r,—,, Telephone No.: 3o7-7ya- c'94-s- , Buyer's Signatures: Seller's Names: Seller's Signatures: Joint Owner Signature: Escrow Company: Escrow Number: Inspection Date: Fee Amount: Date Paid: Application Approved: 1. 1^L�1fY.4�ILLCl�I� l.11Li(ii DC1KdIIQ1 Strada Escrow 2393 Fax #: 949/ 721-5000 Reinspection Date: eck Number: Resources Signature/Da Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. D pNQ RE�uRN CITY OF NEWPORT BEACH 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3034/Fax 949-723-0589 c�LIM'MI February 11, 2004 Strada Escrow Fax 949-721-5010 Re: Pier Permit #105-105 105 Bayside Place Escrow # 2393 Dear Sirs: On January 28, 1 faxed a letter indicating that the above property has passed inspection and that in order to complete the transfer I must have the application signed by the seller and buyer. I will also need to have the joint pier permittee's signature. Thanks for your help and if you require further assistance in this matter, please call 644-3034. Sincerely, GttiLC.2. )kuu� / rrie Arcese Harbor Resources Division H RBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 **Date of Applicaton: Permit Number: 0 S / p **Property Address: 105 Bayside Place Corona del Mar **Buyer's Names: Michael and Joan Ruffatto Billing Address: Telephone No.: Buyer's Signatures: **Seller's Names: C R Development- Chris Brigandi Seller's Signatures: Joint Owner Signature: *Escrow Company: Strada Escrow **Address 140.Newport Center Drive,, Suite#100 Newport Bea, **Escrow Number: 9393 **F'ax #: 949/721-5010 Closing Date (Estimate): 1/5/2004 *; STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. Inspection Date: Reinspection Date: Fee Paid: 39Check No: Application Complete: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. CA 92660 Date: l,(.7/ oz City of Newport Beach Harbor Resources 829 Harbor Island Newport Beach, Ca. 92658 Attn: Chris Miller Escrow # " G ' Please be advised that we have an escrow in process for the property located at: lace Enclosed please find our check in the amount of $385.00 representing your inspection fee. Kindly complete your inspection at your earliest convenience and forward your written report to our office. We in turn will provide copies to the Buyer, Seller and Real Estate Agents. Please do not hesitate to call. if you need any addtional information, Thank You. Sincerely, Julie McMillan Escrow Officer STRADA ESCROW, Escrow Trust Account, Newport Beach, CA 92660 SELLER: CR Development, LLC, a Delaware LLC BUYER: Michael J. Ruffatto Joan T. Ruffatto Funds Due 1 Property : 105 Bayside Place Corona del Mar, CA ADDITIONAL INFORMATION: We Appreciate Your Business! Check No. 20052 20052 l CITY OF NEWPORT BEACH 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3034/Fax 949-723-0589 January 28, 2004 Strada Escrow Fax 949-721-5010 Re: Pier Permit #105-105 105 Bayside Place Escrow # 2393 Dear Sirs: The City of Newport Beach has inspected the above property and found that it meets City standards. We will transfer the permit once we receive the application signed by seller and buyer. If you require further assistance in this matter, please call 644-3034. Sincere, Lor e Arcese Harbor Resources Division �//-2-4° �e INSPECTION FORM Harbor Resources Department Date: j Inspection Requested By:�iti Inspector: Don Duffy Pier Address: /J5- /0 � Pier Transfer GFI Present Yes Need None Needed Anti -Siphon / Backflow Present Other Comments Eelgrass Yes No Present�� Pump Out Pier Location -- Yes No Operational =_ Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request R�emspectio�n ` Yes d �cj®� Existing 10 ramaln� I I gonewoy canlilever deck M.S.L 0.00 M.LL.W. -2.73 Profile Scale: 1 "=I U-0" 7 39.36' i 107 ha i' yN b1747.25' ' r _ __ it •—_ __,. �— � -- � � portion of block D of Carona Del Mar tract 105 ry� r h 755.15' j�—Baysid. PI I (Private Rd.)l Newport Bay 103 & y bo' , r__. Line of Bulkhead Line of Mean High Tide ))New deck to cantilever over bulkhead. / i (� Proposed new construction/alteration to existing gangway. Existing dock slips and remaining \ , gangway to remain. Site Plan PROJECT ADDRESS: 105 BAYSIDE PLACE CORONA DEL MAR, CA 92625 CHRIS.,BRIGANDI TELEPHONE NO: 949-640-3600 I/ PlErs AND FLVA7S IN CAiTION COVE DUNE I ': (G7 3% %07 -A2315 231q BgYS�pE DRIV4 vU % ao ,y + 2323 10, 'oPO5E0 EX7CNSION BY MAPLES Dc SCP,LE: I u=1o0 j' #;03 (LYON'': ...fl �jf,OP p ,� • 4101 (5 PRAGU E) iVcO. A -/077 • k° lv11bejcod -fcr Cr PeT QpreS�n�+tia 1Q Fvlvv( _So v d end(,,, s�lp of d /P,f,s %!!<�,ds f�6<- gat-),a4 CITY OF NEWPORT BEACH 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3034/Fax 949-723-0589 January 12, 2004 Strada Escrow 949-7721-5010 Re: Permit # 105-105 105 Bayside Place, Corona Del Mar Escrow # 2393 Dear Sirs: The dock was inspected by the Harbor Resources Division of the City of Newport Beach at the property mentioned above. We cannot transfer the pier permit until the following deficiencies have been corrected and the property has been re- inspected: 1. It needs a GFI, ground fault interrupter on the electrical line to the dock. The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." Please call 644-3034 to request a reinspection. Once the property has passed reinspection and the application is signed by all parties, the dock will be transferred. Sincerely, �orrie Arcese Division of Harbor Resources p i Iftr t r�- CITY OF NEWPORT BEACH P.O. BOX 1768 NEWPORT BEACH, CA 92658-89.15 2002 Strada Properties Chris Srigandi 140 Newport Center Drive, Suite 100 Newport Beach, CA 92660 Re: 105 Bayside Place Dear Mr. Brigandi: I have reviewed the drawing that you have faxed relative to splitting the access to the pier and float between the property at 105 and 107 Bayside Place. I see no reason why in concept this would not be possible. As mentioned before, it would require a permit from the City of Newport Beach, and then additional permits from those other permitting agencies, the California Coastal Commission and the Army Corp of Engineers. But, as far as whether this can be done or not, it appears to fit within the City's harbor policies and municipal code sections, so we would have no objection to this type of dock access. I hope this answers your questions. If I can be of further assistance, please give me at call at (949) 644-3401. Sincerely, Tony Me um Harbor Resources 3300 Newport Boulevard, Newport Beach 4-16-02 City Of Newport Beach Harbor Resources Attn: Tony Mellow Re: 105 Bayside Pl. Corona Del Mar Ca. 92625 Tony, Attached is a simple drawing to modify our head walk to provide two separate head walks that join into one further done the ramp. This drawing was provided to me by Swift Slip and approved by the adjoining neighbor. Hopefully your department will permit this. Thank You Chris Brigandi 03/08/2002 89:17 9496313122 SWIFT PAGE 03 - PP I 10.01 e.ft ' , , r. p I : I Mi i I — ...._..._...,... , . aY — , - , i , _ I , .-r I I i : I ! i I 1 i I i/ _ ...4 y i ""^R` � "�.ry �0 1 .I I 1 :4 ,. S � � �, .�/N=. �. .. • -.. r C i y a Q � t `�� .. �� + �. • ��:� �. 11 ' :7, ... :�;. _ , ., ,, �¢ , ' } -� r 'I - 1 1 1 1 � l ++,' Fz �. r i A°.k! ., �IW i .§� WORRSHEET POR BUILDING PERMIT APPLICATION CITY OF NEWPORT BEACH PLEASE PRINT BUILDING & PLANNING DEPARTMENTS r' EPROJECT ADDRESS (NOT MAILING ADDRESS) FLOORSUITE NO. ZIP EGAL DESCRIPTION OT BLOCK TRACT No. UNITS 2 DESCRIPTION OF WORK Pn I/' � ! r EXISTING STRUCTURE SQ.FT. ESTIMATED $ VALUATION $� PROPOSE EW / ADDITIONAL SQ. FT. - _7 �_��___ NEW ADD 0 OF ALTER 1 J DEMO ,^� OTHER USE OF STRUCTURE `"J-'------ No. OF STORIES 3.oWNER'S NAME LAST -_— -_ - FIRST M.I. PHONE NO. OWNER'S ADDRESS CITY STATE ZIP 4.APPLICANT'S NAME LAST FIRST PHONE NO. APPLICANT'S ADDRESS ( ) CITY STATE ZIP 5.ARCHITECT'S NAME LAST FIRST STATE LIC. N0. ARCHITECT'S ADDRESS CITY STATE ZIP PHONE NO. 6.ENGINEER'S NAME ( ) LAST •- FIRST STATE LIC. N0. r ENGINEER'S ADDRESS / j 1-1 CITY STATE ZIP PHONE NO .CONTRACTOR' ( ) -7 _ AME LIC. CLASS STATE LIC. NO. CONTRACTOR'S ADDRESS CITY _A STATE ZIPen PHONE NO. COMP Y NAME. (if different) NEWPORT BUS. LIC. N0. OFFICE USE ONLY% j' TYPE OF CONSTRUCTION OCCUPANCY - GROUP CLASS CODE r Nhite:...Bui[ding Dept YeLlow::n, cashier �ji nk: AppLic�t 'PERMIT NO. _ I �' W O PLAN CHECK NO.J'� z PLAN CHECK FEE $ HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Replacement of existing wood cantilever deck, 641 square feet Property Address: 105 Bayside Place, Corona Del Mar, CA 92625 Harbor Permit Number: 105-105 Plan Check Number: 2317-2003 Applicant: Brigandi Applicant's Mailing Address: 105 Bayside PI, Corona Del Mar, CA 92625 Phone Number: 949-631-3121 3 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find %& They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached) All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. Tom Rossmiller, Manager, Harbor Resources Chris Miller, Harbor Resources Supervisor September 22, 2003 for Build Drawing Page 2 of 2 July 24, 2002 Chris Brigandi Strada Properties 140 Newport Center Drive, Ste 100 Newport Beach, CA 92660 Dear Chris: Thank you for your letter of July 13, 2002 concerning the wall between our two properties. Prior to beginning any construction on this wall we will expect to receive the following from you: • Detailed drawings of your planned wall including a plan view showing the area where the wall meets the pier • Sample of the proposed brick veneer • Detailed drawing of the new drain We understand that you will not begin construction until we have approved the above. Thank you. Sincerely, John & Marcia McDonald N LO m c.0 N n r O N 0 N 0 U April 4, 2002 Strada Escrow Attn: Julie Mc Millan 140 Newport Center Dr., #100 Newport Beach, CA 92660 Re: Permit #105-105, Escrow # 1229-JM 105 Bayside Place, Corona Del Mar, CA 92657 Dear Mc Mc Millan: The City of Newport Beach Marine Department has received a request to transfer pier permit 105-105 for the above mentioned property. The facility was inspected on April 3, 2002. We cannot transfer the pier pernut until the following deficiency has/have been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: 1. It needs an update GFI, ground fault interrupter on the electrical line to the dock. 2. It needs an anti -siphon device installed (see enclosed).. The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." Please call 644-3034 to request reinspection. Once the property has passed the reinspected, and we have signatures of both buyer and seller on the application and the transfer fee, the dock will be transferred. Sincerely, Wes Armand, Harbor Inspection Division of Harbor Resources 3300 Newport Boulevard, Newport Beach SEW POST CITY OF NEW POIT BEACH S PO BOk'r'768 NEWPOR P BEACH, C&92658-8915 'R April 4, 2002 ; Strada Escrow Attn: Julie Mc Milian 140 Newport Center Dr., #100 Newport Beach, CA 92660 Re: Permit #105-105, Escrow # 1229-JM 105 Bayside PIace, Corona Del Mar, CA 92657 Dear Mc Mc Milian: The City of Newport Beach Marine Department has received a request to transfer pier permit 105-105 for the above mentioned property. The facility was inspected on April 3, 2002. We cannot transfer the pier permit until the following deficiency has/have been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: F' 1. It needs an update GFI, ground fault interrupter on the electrical line to the dock. , / -.— 2. It needs an anti -siphon device installed (see enclosed).. �( tva-r Zockf The Newport Beach City Council Harbor Permit Policies state: 10.1). "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit" Please call 644-3034 to request reinspection. Once the property has passed t e reinspected, and we have signatures of both buyer and seller on the application and the transfer fee, the dock will be transferred.. Sincerely, Wes Armand, Harbor Inspection Division of Harbor Resources �/,o 2 /pk- 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH PO. BOX 1768 NEWPOAT BEACH, CA_92658-8915 April 4, 2002 Strada Escrow Attn: Julie Mc Millan 140 Newport Center Dr., #100 Newport Beach, CA 92660 Re: Permit #105-105, Escrow # 1229-JM 105 Bayside Place, Corona Del Mar, CA 92657 Dear Mc Mc Milian: J�©t�u�ro The City of Newport Beach Marine Department has received a request to transfer pier permit 105-105 for the above mentioned property. The facility was inspected on April 3, 2002. We cannot transfer the pier permit until the following deficiency has/have been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: 1. It needs an update GFI, ground fault interrupter on the electrical line to the dock. 2. It needs an anti -siphon device installed (see enclosed).. The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." Please call 644-3034 to request reinspection. Once the property has passed the reinspected, and we have signatures of both buyer and seller on the application and the transfer fee, the dock will be transferred.. Sincerely, Wes Armand, Harbor Inspection Division of Harbor Resources 3300 Newport Boulevard, Newport Beach STRATA 140 Newport Center Dr. #100 • Newport Beach, CA 92660 • Phone: (949) 721-5000 Fax: (949) 721-5010 Date: City of Newport Beach Marine Department 70 Newport Pier Newport Beach, CA 92658 Attention: Wes Armund Please be advised that we have Escrow# /a`Oq_-` —,::r-M row in process for the property loci c e , CIO r nr7 C, W / M'a at Enclosed please find our check in the amount of $ /p5 r representing your inspection fee. Kindly complete your inspection at your earliest convenience, and forward your written report to our office. We in turn will provide copies to the Buyer, Seller and Real Estate Agents. At the close of escrow, we will forward the completed pier transfer card to you, along with an additional check for $ Please do not hesitate to call if you need any additional information. Thank you. Sincerely, J cMillan ow officer, Manager \ - . . / . ,< (/ $ 2) ƒ. % APR-01-2002 19:41 STRADA ESCROW 949 644 3440 P.02 HARBOR PERMIT TRANSFER APPLICATION r.. Date, ofApplicaton: Permit Number:,,., ) Property Address: 10,5 &4t S� & PjaC � �07/ Suyer's Names: Billing Address: 'telephone No.: 76 DOW Signatures: Seller's Names: _Raherf`/-, Mctp 7n<S-- Seller's Signatures: Joint Owner Signature: /ki/A Escrow Company: fi rx ESi1.r" K) E-,Crow Number: f ej - Fax Inspection Date: Reinspection Date: Fee Amount: 170. 00 a--Od /SS ®Q Date Paid: Check Number: Appficir1on Approved: Harbor Resources Signature/Dade Spacial Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. TOTAL P.02 FROM : RMAPLE yV FAX NO. : 7605644973 Apr. 04 20a2 04:19FM P1 HARBOR PERMTT TRANSFER A;n ICATTON Date of Appllcaton:� Permit Number:— Prol-wrtyAddresss: 1� 4 %. ' Places Buyer's Names: LC C/o (2h r/S R7GW'yG{ e Bi Iling Address: /yO� o P,f1 �aa 161n Telephone No.: �Q - 3 Lola DuyeiJs Signaturea: Seller's Names: Jam Selle:es Signatures: X' _ A � Joint Clwwner Signature; --` Qf h Escrow Company: Escrow Number: Inspection Date: Relnspoction Date: FeoAmount; 1-70-00 0,0d IF-500 Date Paid: Check Number: Application Approved: Harbor Resources S;gnaturo/Dete ;7pooivl QondWonar This parmit is mvooabl& by thg City Council in accordance with Title 17oethe Newport Beach Muo;aipal Code. 7OT;L P.02 I � i �7Cl�TINEa 8ui..lGHEdSJ --"_- uNGI�.�ti.tG�p LII.IE rOF' IMt�?.t� 'ulGu TIC? NSW 'DEGIG TO �'� OV5t1. auLV-HE&.t7) 2uOINN Ht1TGNEt7 i XISTI P IG DOGI L11J GI-{ fS I.JGED �I�IXJF.cvzt� t4mzu :r 4PPL/c.4,vr5 IV4 NE ✓r,e AoozE$S I07 Le. acOtA 117I 1 oe a - z s 4 N to Q ar oR^ ff w p 3 ~i rc9+r ee�cv R TO 0 b.Leon D ,r i rSLINO A 6 q ems` q r 9/^8e' O ; C.O.— Pt, N T VICINITY SKETCH wI.r'6rry e.,r NSWOO?r BAY CAL WoRNIA r Jrrrr SOUn d�n95 are eXprc ssed rn fe of and dunofe dep NAs below Mcon Lower Low Wo>`er: Afa" aim range of fide opproxrm07'ely /O /eef. Horbor /iil e5 are dSiob/r'shed L:' 71/"S , secf.on o,"Ald Waorf or. I 107 ✓I` *107 cr 3 Bca, Q 7fAc7- 60M rvr,7ACrO-e QATEJaM 2 BEAC IN HA.RBOR-1 PERMN'T 4>CR66 KS5IGM M HE2,BY TO rcW-,'MEWT ANY, MUVWTA114 Twic GHOWN 014; HrZp.rw:1 AT TIM SIUIHI VC, rl5 UAROIX? 0-11.1^4' ANN, ANY SPECIAL C55UDZI70DIS W702 W174 W. M NOT TFANIFERAOU THI.T. C�Ty 11011- fUGHTS OWEN UUnIF� AND TNUk" t,rErMvf IN V.Mll 17 OF THE ETHM- At MUE. I$ —1, - - - - - - - - - - - - PERMT Vogl. A J)ATF qLE '7'KF1..a®� � I t1c': _ - - i EXI i 0 y / ' .. i Ahwpwr ter- E ati P O ,Q ;! 10 !' - 1 u�,-:.r-Y"f;'-F.i _'T:.J _"�'. /i �. $'✓. �'p _�r`� _ h[aM _ lOo Y C-ro ar N d VICINITY SKE-rCW ..' Xj�4.G / .: :..Saundiia� a� raxPreasad ✓n lgpf and d�no!a . ,� �: /d3,o"I.`� bar/ow h/uwn La7wav- low Wa/m•�„ Ploxis.ran :� 0.D %. ravayaF oT Tida nPcroXi.o+otav/y /O R.¢T. Harbor /iiamJ -.0 S�F ` , G✓ p w �/ v�Tod/iahod n YM'a Jq cT a� of f(rwp� T ,Flay. All ol is �' •_,l �.d �.�`, � +' i� r � , . 'sr�'c _ ��cnf Srr cy l /' a„a"ww`� .b a��d �NT%%✓tA+:. .L�✓✓.�✓ »? ✓. - /,�ii: A9.ikf it -Y .. .0 fy°/t/ .GL. v 7J, .v c a :Y 4`i 5l r3 N>T �L K i 8�! oC.iC /os 167 Pir9 Vv P e DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P.O. BOX 2711 LOS ANGELES. CALIFORNIA 90053.2325 February 12, 1987 REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch Mr. Scott D. Brownell 1950 West Coast Highway Newport Beach, California 92663 Dear Mr. Brownell: P] Thank you for your letter of January 21, 1987 notifying us of your intent to construct a private deck at 107 Bayside Place Your drawings have been reviewed and generally conform to the provisions of General Permit 004 for construction or modification of a private boat dock in Newport Haraor Providing you have complied with State local laws you may proceed with the work. Your proposed work has been assigned General Permit No. GP 004-206 If you have any furthur questions, please feel free to call our Regulatory Branch at (213) 894-5606 and refer to this number. A copy of the General Permit is enclosed. Sincerely, Charles M. Holt, P.E. Chief, Regulatory Branch Enclosure LA FL 537 Jan 86 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. Sox 2711 .. LOS ANGELES, CALIPORN IA SOOSS REPLY TO ATTENTION OF: SPLCO-R TO WHOM IT MAY CONCERN: General Permit GP004 Newport Bay August 19, 1983 The District Engineer, Los Angeles District, Corps of Engineers announces the renewal of General Permit 004, covering the installation of privately - owned boat docks in Newport Bay, a Navigable Water of the United States, as required by Section 10 of the River and Harbor Act of 3 March 1899. This permit is issued in accordance with the provisions of 33 CFR 320, 322, 325-26, and, 328-29, titled, "Regulatory Program of the Corps of Engineers" which provides that the District Engineer may issue a general permit for activities which are substantially similar in nature, that cause only minimal adverse environmental impacts when performed separately and have minimal adverse cumulative effect on the environment. Upon issuance of a general permit, all activities meeting the established criteria are approved and will not require the submission of individual permit applications. This renewed general permit also authorizes the modification and replacement of existing boat docks but not the installation of new boat docks where none exist in Dover Shores and around the perimeter of Balboa Island. Under no circumstances will the general permit allow boat dock construction requiring bulkheading, dredging, or filling below the Mean High Water (MHW) elevation or in wetlands. Construction of a boat dock will not be allowed across any beach designated for community or public use, unless the new dock will replace an existing dock and cause no additional encumbrances on beach recreation. Typical drawings, depicting the most common types of installations that are covered by this general permit, are included in this notice along with a map showing those Navigable Waters of the United States where the general permit is applicable. . The general permit covers both existing and proposed facilities within any of the private property boundaries shown on the attached drawings. Individual boat docks that do not conform to the established general criteria will require an individual permit. The general permit is not applicable to commercial or public marinas. The general permit is issued for a period of five (5) years effective date. A from the Definitions: a. The term "navigable waters of the United States" mans those waters of the United States that are subject to the ebb and flow or, the presently tide have been shoreward to the used in the past, .mean high water mark and/or are p Y used oror port foreign commerce. o(See 33eCFR 329tfor ete amorecompletesdefiaStion oftthis term). b. The term wetlands" means those areas that are imadated or saturated " by surface or ground water at a frequency and duration sufficient of to support, and that under normal circumstances do support, a p ion typically adapted for life in saturated soilar conditions. Nstlands generally include swamps, marshes, bogs, and c. The term "adjacent" means bordering, contiguous,or neighboring. Wetlands separated from other waters of the United States Nog man-made dikes or barriers, natural river berms, be dunes, and the like am.. "adjacent wetlands." SPECIAL CONDITIONS: a. That the permittee shall notify the District Engineer in writing at least fifteen (15) days prior to the initiation of the work.. This notification shall include the dock length, location of the dock by lot and tract number, and the name, address, and telephone number of the permittee. b. That the permittee shall comply with the city of Newport Beach and county of Orange or other local authority in the construction and placement of the dock. c. That docks shall not exceed 800 square feet of float and pier surface. d. That the permittee shall submit project plans to the State of California, Regional Water Quality Control Board, Santa Ara Region, and shall obtain approval from the Regional Board prior,to initiation of any work authorized herein. e. That the permittee shall notify Oceangate,Commmmander Long derc(son) 190822Coast Guard District, Union Bank Building, 400 (213) 590-2222 at least 2 weeks prior to start of the activity and 30 days if buoys are to be placed. f. That the permittee shall control floating debris, from construction activities, so that none enters the navigable portions of the harbor. 2 STANDARD CONDITIONS: a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this general permit; and that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this general permit which may result in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this general permit has been previously modified, suspended, or revoked in whole or in part. b. That the permittee agrees to make every reasonable effort to prosecute the work authorized herein in a manner so as to minimize any adverse impact of the work on fish, wildlife, and natural environmental values. c. That the permittee agrees to prosecute the work authorized herein in a manner so as to minimize any degradation of water quality. d. That the permittee shall permit the District Engineer or his authorized representative(s) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this general permit is in accordance with the terms and conditions prescribed herein. e. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with: the drawings attached hereto. f. That this general permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to property or. invasion of rights of any infringement of Federal, State, and local laws or regulations, nor does it obviate the requirements to obtain State or local assent required by law for the activity authorized herein. g. That this general permit does not authorize the interference with any existing or proposed Federal Project and that the permittee shall not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. h. That this general permit nay be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. i. That this general permit any be either modified, suspended, or revoked, in whole or in part, if the Secretary of the Army or his authorized representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. Any such modification, suspension, or revocation shall become effective thirty (30) days after publication of written notice of such action which shall specify the facts or conduct warranting same. 3 J. That any modification, suspension, or revocation of this general permit shall not be the basis for any claim for damages against the United States. k. That no attempt shall be made by the owner to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this general permit: 1. That if the display of lights and signals on any structures or work authorized herein is not otherwise -provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittee. m. That if and when the permittee desires to abandon the activity authorized herein he must restore the area to a condition satisfactory to the District Engineer. n. That there shall be no unreasonable interference with navigation by the existence of use of the activity authorized herein. o. That permittee hereby recognizes the possibility that the structure, permitted herein may be subject to damage by wave wash from passing vessels. That issuance of this general permit does not relieve the permittee from taking all proper steps to insure the intergrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and the permittee shall not hold the United States liable for such damage. BY THE AUTHORITY OF THE SECRETARY OF THE AEt4Y: L pAuL Colo e TCorps DATF. Colonel, Corps of Engineers District Engineer 4 I I. �_.._...._.._ u kpl- p4 wG�D OVEt7 E3uG.IGH��f� �X I'ai l �•�t � �c UW 614AlJKs8-C: ti.1�W l�or�� ua�z�Iz rp Lewe e' Y' �a r q N E. tt lz� 0/ n, nee ew+r,V Q � pwceow D a)%y A � LI/ e `yeen 19 spa' iTQ "A •t CO , VICINITY SKETCH weer/crrr i Newoc Rr 13Ay CAL IFORNIA e cnr p Jerry SOUn dings ore eXpicssed rn facf and dsnole dep rhs below Mann Gower Low l./o/r%' rWox,nt range of fide OPProx l mO /O /csf HorGor /.ires ore eadob/r'shord Ire fh;s , secfion af`Ne wporf Bob: —-------- �k 1017 .• d 107 6 ` k, . I.OG L/CA°V7-5 NAME IVIIZ I'�It"15. dc( H CVOf i GoT :n� BLK. L�> 7RAcr GRM I -Ica .4ppeess 107' I t5A]'�jID1= DAr-eJ.&l 227� � � � � � � ... � .• . "��' I i it �� I-" ..:i•i STATE OF C UFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor CALIFORNIA COASTAL COMMISSION y SOUTH COAST AREA S a_ 245 WEST BROADWAY, SUITE 380v LONG BEACH, CA 90802 (213) 590-5071 COASTAL DEVELOPMENT PERMIT NO' 5-87-79 PG:wr Page 1 of 2 On June 12, 1987 , the California Coastal Commission granted to this permit for the development described below, subject to the a Standard and Special Conditions. Description: Demolition of a single-family residence and construction of a two-story, 4041 sq.ft. duplex with a two -car garage and one open parking space. Site: 107 Bayside Place, Newport Beach CA. Issued on behalf of the California Coastal Commission by PETER DOUGLAS Executive Director and IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. UY t 8T Da a Signature of Permittee ,d14z_C_Nt'r"I15GT y-: y STANDARD CONDITIONS: 1.._Notice of Receipt and Acknowledgement. The permit is validand the development shall not commence until a co of the permit signedY permittee or authorized agent, acknowledging receipt of the -permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. g Assi-� gnment: 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 r terms and conditions. - ;. ��;, 9C.,eYi �, ram•- � I .., e.��t'_� �C - a c,L7 SPECIAL CONDITIONS:--==�--- --- 1. Stringline: Prior to transmittal of permit, the applicant shall submit for the review and approval of the Executive Director, revi d_p_1 s showing that no portion of the proposed structure encroaches beyong th stringline drawn between the northerly corner of the structure on adjacent of to the south and the northerly corner of the structure on the adjacent lot o the north, as shown on the revised Exhibit No. 3 2. Parkin Prior to transmittal of permit, the applicant shall submit for the review and approval of the Executive Director, ised Q1ans showing four on -site parking for the proposed duplex. 323L� e�Jt�2 �. STANDARD CONDITIONS: 1. Notice of Receipt and Ac_knowledIgment_. 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. 2n ExRilation. If development has not: commenced, the permit will expire two years from the date on which the Commission voted on the_application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made.prior to the expiration date. 'f_,omnliance, All development must occur in strict: compliance with the proposal as set: forth below. Any deviation from the approved plans must bUreviewed.and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will he resolved by the Executive Director or the Commission. 5, Inspeetioris. The Commission staff shall be allowed to 'inspect the site and; the development during construction, subject to 24•-hour advance notice. 6 Assignment The permit may be assigned to any qualified person, provided ;.assignee files with the Commission an affidavit accepting all terms and conditions of the permit. ! ; Terms and Conditions ,Run with the land. These terms and conditions shall be uerpetual, 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. SPF.CIALyCONDITiONS: 1. :String! -JQ: Prior to transmittal of permit, the applicant shall submit: Vol-, the review and approval of the Executive Director, revised plans showing that no portion of the proposed structure encroaches beyong the stringline drawn between the northerly corner of the structure on adjacent lot to the south and the northerly corner of the structure on the adjacent lot to the north, as %shown on the revised Exhibit No. 3 2..Parking: Prior to transmittal of permit, the applicant: shall submit for the review and ,approval of the Executive Director, revised glans showing four Yon —site parking for the.proposed duplex. , May 25, 1967 Orange County Harbor District 1901 Bayside Drive Newport Beach, California Attention: Mr. James E. Ballinger Harbor Engineer Subject: Harbor Permit No. A-779-R (105 Bayside Place) Gentlemen: Attached is a letter and a sketch of a requested revision to a float located over County administered tidelands in Carnation Cove. This has been a problem area for several years. The three owners of the slips to the north; Ingham, Neufeld, and Rolfe are unhappy because a permit had been approved for 109 Bayside Place by the City Council two years ago; al- leging that construction of this slip will interfere with their slips. If the three would realign their slips so that they faced the bay, there would be no mutual interference, although the present orientation is preferable from the standpoint of landing sailboats ;and of minimizing problems caused by surge. May we have your comments? The permit will not be issued until the approval of District is secured. Very truly yours, Kenneth L. Perry Asst. City Engineer KLP:naj Enc1: APe May 19, 1967 ACCESSORY P R O D U C T S CO. 616 W. WHITTIER BLVD. WHITTIER, CALIFORNIA 90602 Area 213-6933747 . twx 685.6289 . telex 06-74285 City of Newport Beach 3300 West Newport Blvd. Newport Beach, California Attention: Mr. Joseph T. Devlin Public Works Director Enclosed is a sketch of the pier and float arrangement at 105-107 Bayside Place, Corona Del Mar. The undersigned is contemplating the purchase of the vacant lot at 105-, and, in the event of such purchase, would desire to extend the southerly slip from its present 1116" X 23' dimension to approximately 14' X 33', or an addition of 2 1/2 feet to the width and 10 feet to the length. There appears to be ample side clearance to retain a 5-foot minimum, and the length extension would not interfere with other traffic. A rough sketch of the existing and proposed slip is included for clarification. Would you please be so kind as to indicate whether such a plan could be acceptable in order that I may make formal application after purchase of the lot. Sincerely, ROBERT L. LE y'ze- RLM : j h Enclosure RtcuVED MAY 221967, PUBLIC ^PT. 8 r 8 r F M 8 • C O M P O N E N T S F L U/ D C O N T R O L A, extron CO. A -„ Ct - F- February 9th, 1965 Mr. Carl Quandt c/o Al Howard 3350 Wilshire Blvd. Ins Angeles, 5, California Re: Harbor Permits A-1077 and A-779R Dear Mr. Quandt : The Council of the City of Newport Beach on January 25th, 1965, considered the applications for Harbor Permits mentioned above. The Council directed that the applicants be given until twelve noon on Thursday, Plarch 18th, 1965, to file with the City Clerk's office a solution to their problem. I believe this is self-explanatory. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS/mjc Mr. Martin R. Klitten 1213 North Amalfi Drive Pacific Palisades, California February 2nd, 1965 Re: Harbor Permits A-1077 and A-779R Dear Mr. Klitten: The Council of the City of Newport Beach on January 25th, 1965, considered the applications for Harbor Permits mentioned above. The Council directed that the applicants be given until twelve noon on Thursday, March 18th, 1965, to file with the City Clerk's office a solution to their problem. I believe this is self-explanatory. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS/mjc �klz), CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT HARBOR PERMIT APRIL 16l 1965 MARTIN R. KLIUEN -A NO f QUANDT, JOINT OWNERS NAME OF APPLICANT lO7 BAYS IDF PLACE MAILING ADDRESS _ CORONA OFL MA CALIFORNIA IN COMPLIANCE WITH YOUR APPLICATION OF OCTOBER 20 , 1964 AND SUBJECT TO ALL TERMS, CONDITIONS AND RESTRICTIONS WRITTEN BELOW OR PRINTED AS GENERAL, OR SPECIAL PROVISIONS ON ANY PART OF THIS FORM, PERMISSION IS HEREBY GRANTED TO MOVE EXISTING PIER FROM PRESENT LOCATION AT THE SOUTH SIDE OF 105 BAYSIDE PLACE TO THE NORTH SIDE OF SAID LOT AND TO RE- LOCATE ALONG THE EXTENSION OF THE JOINT PROPERTY LINE THAT DIVIDES THE TWO LOTS AT 105 AND 107 BAYSIDE PLACE, CORONA DEL MAR. THE PURPOSE IS TO ELIMINATE AN EASEMENT ACROSS ONE LOT, INCREASE PRIVACY AND IMPROVE APPEARANCE OF BOTH LOTS BY HAVING PIER LOCATED ON THE EXTENSION OF THE COMMON LOT LINE. PERMISSION SUBJECT TO CONDITIONS THAT: (1) EXISTING PIER AND FLOAT BE MOVED AND MODIFIED TO AGREE WITH ADOPTED HARBOR PERMIT POLICIES; (2) BOTH LOTS BE PROVIDED WITH SANITARY FACILITIES; (3) NOTICE BE GIVEN THE PUBLIC WORKS DEPARTMENT AT LEAST 3 DAYS PRIOR TO COMPLETION OF THE WORK SO THAT FINAL INSPECTION MAY BE MADE; FAILURE TO SECURE FINAL CLEARANCE SHALL BE GROUNDS FOR REVOCITION OF PERMIT. LOCATION OF WORKS 105 AND 107 BAYSIDE PLACE CORONA DEL MAR LOTS 105 AND 107: BLOCK D CORONA DEL MAR TRACT ALL WORK TO BE IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS OF THE CITY OF NEWPORT BEACH AND DRAWINGS ATTACHED OR REFERENCED THERETO: THIS PERMIT SHALL BE VOID UNLESS THE WORK HEREIN CONTEMPLATED SHALL HAVE BEEN COMPLETED BEFORE APRIL 16 1567 APPROVED BY 'Y✓LAiww_. '/9. 414 d CI Y ENGINEER AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, AT A MEETING HELD ON THE 12T�,DAY OF APRIL 19_65 . �!, ' Sg -'- city C ERK No. A-779-R GENERAL PROVISIONS FOR HARBOR PERMITS I. ACCEPTANCE OF PROVISIONS: IT 15 UNDERSTOOD AND AGREED BY THE PERMITTEE THAT THE DOING OF ANY WORK UNDER.THI5 PERMITSIHALL.',CONSTITUTE AN ACCEPTANCE OF ALL OF THE, PROV I S IONS- 2, PERMIT FROM OTHER AGENCIES. THE PARTY OR PARTIES TO WHOM TH13PERMIT ' IS ISSUED,SHALL) WHENEVER THE SAME IS REQUIRED BY LAWY SECURE THE WRITTEN ORDER OR CONSENT TO,ANY WORK HEREUNDER FROM THE U. S. CORPS: OF.F_NGINEERS OR ANY OTHER PUSLIC,BOOY-HAV.IN.G, JUR.ISDICTION, AND THIS PERMIT SHALL BE . SUSPENDED UPPENbED IN OPERATION UNLESS AND UNTIL. SUCH ORDER OR CONSENT 13 OBTAINED 3. TRANSFERRING: PERMIT:. THIS PERMIT IS NOT TRANSFERABLE WITHOUT. THE WRITTEN CONSENT OF THE PUBLIC WORKS DEPARTMENT OR OF THE, CITY COUNCIL OF THE CITY,'O'F NEWPORT. BEACH IF COUNCIL APPROVAL Is REQUIRED- tFa INSPECTION. THE WORK SHALL BE SUBJECT TO THE SUPERVISION AND APPROVAL OF THE. PUBLIC WORKS DEPARTMENT. TmE,.PERMITTEE SHALL �N'OTIFY'THE PUBLIC WORKS DEPARTMENT NT AT LEAST. 3 DAYS IN ADVANCE -OF THE DATE WORK 13 TO BEGIN AND BEFORE ITS COMPI-ETION- 5- PROTECTION OF TRAFFIC: ADEQUATE PROVASIQN$ SHALL BE MADE FOR THE PROTECTION OF THE TRAVELING PUBLIC- .BARRICADES SHALL BC'PLACED ON STREETS,, WITH LIGHTS AT NIGHT, ALSO FLAGMEN': -EMPLOYED, ALL AS MAY BE R I EQUfRED:BY 'THE PARTICULAR WORK IN PROGRESS - THE PERMITTEE SHALL NOT ATTEMPT TO FORSI-D.THE FULL AND FREE USE BY THE -PUBLIC- OF ALL. NAVIGABLE WATERS AT OR ADJACENT TO THCWORK OR STRUCTURE,- IF THE DISPLAY OF LIGHTS AND SIGNALS ON ANY WORK HEREBY AUTHORIZED 15 NOT OTHERWISE PROVIDED BY LAW, SUCH LIGHTS AND SIGNALS, AS MAY BE PRESCRIBED BY BUREAU OF LIGHT HOUSES, DEPARTMENT Or COM- MERCEy SHALL BE INSTALLED AND MAINTAINED AT THE'EXPENSE OF THE PERMITTEE. STRUCTURES SHALL, BE 30 CONSTRUCTED AS NOT.TO DESTRUCT, INTERFERE.WITH OR PRE— VENT THE FREE USE OR PASSAGE OF ANY: S I DEWALKS, STREET, ALLEY, PUBLIC C WAY OR NAVIGABLE tHANNEL.- 6. UAM.I.LITYFOR CIAMAGES$ THE PERMITTEE IS RESPONSIBLE FOR ALL LIABILITY FOR PERSONAL -INJURY OR PROPERTY DAMAGE WH I C-H MAY ARISE OUT OF WORK HEREIN PERMITTED,, OR WHICH MAY ARISE OUT OF THE USE OR PO$SESSION,OF SAID WORKS, AND IN THE EVENT ANY CLAIM - IS MADE AGAINST THE CITY OF NEWPORT BEACH OR ANY. DEPARTMENT, OFFICER,, OR EMPLOYEE THEREOF„ THROUGH„ BY REASON OF, OR IN. CONNEOTI-ON WI'TH SUCH WORK, PERMITTEE SHALL, DEFEND, INDEMNIFY AND HOLD THEM, AND EACH OF THEM,.HARIMLESS.FROM SUCH CLAIMo 7- '.REVO,CATq;ON OF PERMIT., THE RIGHTS GIVEN UNDER THIS -PERMIT ARE PERMISSIVE ONLY, AND THE CITY OF NEWPORT BEACH RESERVES FUL4. . RI�GHT5:POWER, AND AUTHORITY TO REVOKE THIS PERMIT AT ANY TIME. IN THE EVENT THE PERMiTTEE, FAII-S TO REMOVE SAID WORKS WITHIN THE TIME 5PECIFIED,'THEN THE CI+Y ENGINEER SHALL HAVE THE RIGHT TO IMMEDIATELY REMOVE SAME AT THE.CO3T AND:EXP.FNSE OF THE PKIRMITTEE, 8. REPAIRS: "THE PERMITTEE SHALL KEEP THE, STRUCTURES IN GOOD REPAIR AT ALL TIMES. FAILURE TO REPAIR, WHEN WRIT TEN NOTI CE: HASBEEN GIVEN BY THE CITY ENGINEER, SHALL BE CAUSE FOR THE REVOCATION OF THE PERMIT. CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT APPLICATICON> F.OR.'IdAR.BOR PERMIT DATE October 20 , 19 64 CITY OF NEWPORT BEACH CALIFORNIA GENTLEMEN: APPLICATION IS HEREBY MADE FOR PERMISSION TO Move existing pier from present location at the south side of 10, I CANT WILL DESCF-i-BE'.HERE'; FUILLK": WHAT. I HE WIISRES'ITO'.'DOIIANOI IP.URPOSE:3OFI) I MPROMEMENT the north side of said lot, and to relocate along the extension of the joint property line that divides the two lots at 105 and 107 Bayside Place, Corona del Mar. The purpose is to eliminate an easement across one lot, increase privacy and improve appearance of both lots by having pier located on the extension of the Common lot line that divides the two lots. wr. m -02 ADDRESS OF PROPOSED APPLICANTS k8 OWNER WORKA 105 and 1 Corona del Mar OF LaT5'105 and 107 , BLOCK D ,'TRACT .THE UNDERSIGNED AGREES TO DO THE WORK IN ACCORDANCE WITH THE RULES, REGULATIONS AND SPECI- FICATIONS AND SUBJECT TO THE INSPECTION AND APPROVAL OF THE CITY OF NEWPORT BEACH AND ACKNOWLEDGES THAT THE APPLICATION AND PER T O SUBJECT TO THE GENERAL PROVISIONS FOR HARBOR PERMITS ON THE REVERSE SIDE RELAND T ANY SPECIAL CONDITIONS IMPOSED. Lot 7 CONTRACTOR! CROFT & NEVILLE --;,? .�., �.. REC'D FEE$ 1snA lire of A licant CHECK No. 3av �P y qc nd.,AAD pp SIGNATURE OF APPLICANT DATE 0— 7--(e `F 33�so wrr-sAiR¢. b)-ob 107 Rayside Place C D M FROM !-ob AIUGILffSir+') __ a Mailing Address MAILING ADDRESS "?iole,31756 Phone PHONE APPLICATION SHALL BE IN DUPLICATE No. A_779_g r .GENERAL. PROVISIONS FOR HARBOR PERMITS i. ACCEPTANCE OF PROVISIONS: IT IS UNDERSTOOD AND AGREED BY THE PERMITTEE 'THAT THE DOING OF -ANY WORK UNDER THIS PERMIT SHALL CONSTITUTE AN ACCEPTANCE OF ALL OF THE PROVISIONS- 2- PERMIT FROM OTHER AGENCIES: THE PARTY OR PARTIES TO WHOM THIS PERMIT IS ISSUED SHALL, WHENEVER THE SAME IS REQUIRED BY LAW, SECURE THE WRITTEN ORDER OR CONSENT TO ANY WORK HEREUNDER FROM THE U.S. CORPS OF ENGINEERS OR ANY OTHER PUBLIC BODY HAVING JURISDICTION, AND THIS PERMIT SHALL BE SUSPENDED, IN OPERATION UNLESS AND UNTIL SUCH ORDER OR CONSENT IS OBTAINED. 3. TRANSFERRING PERMIT! THIS PERM!'T IS NOT TRANSFERABLE WI"ROUT THE. WRITTEN CONSENT OF THE CITY COUNCIL. OF THE CITY OF NEIWPORT BEACH 4. INSPECTION: THE. WORK SHALL EE SUBJECT TO THE SUPERVISION AND APPROVAL OF THE PUBLIC WORKS DEPARTMENT, THE PERMITTEE. SHALL NOTIFY THE PUBLIC WORKS DEPAR'fMEN'F AT LEAST 3 DAYS IN ADVANCE OF THE DATE WORK IS TO BEGIN AND SEFORE ITS COMPLETION= 5. PROTECTION OF TRAFFIC: ADEQUATE PROVISIONS SHALT_ BE MADE FOR THE PROTECTION OF THE TRAVELING PUBLIC. BARRICADES SHALL BE PLACED ON STREETS, WITH LIGHTS AT NIGHT, ALSO FLAGMEN EMPLOYED, ALL AS MAY BE ,REQUIIRED BY THE PARTICULAR WORK IN PROGRESS - THE PERF111'TEE SHALL NOT ATTEMPT TO FORBID THE. FULL. AND FREE USE BY THE PUBLIC OF ALL NAVIGABLE WATERS AT. OR ADJACENT 'TO THE WORK OR STRUCTURE. IF THE DISPLAY OF LIGHTS AND SIGNALS ON ANY WORK HEREBY AUTHORIZED IS NOT OTHERWISE PROVIDED BY LAW, SUCH LIGHTS AND SIGNALS, AS.M ,AY BE PRESCRIBED BY BUREAU OF LIGHT HOUSES, DEPARTMENT OF COMMERCE, SHALL BE INSTALL.E:D AND MAINTAINED' AT THE EXPE.NCE OF THE PERMIT'TF_E. STRUCTURES SHALL BE: SO CONSTRUCTED AS NOT TO OBSTRUCT, INTERFERE WITH OR PREVENT THE FREE USE OR PASSAGE OF ANY SIDEWALKS, STREET, ALLEY, PUBLIC WAY OR NAVIGABLE CHANNEL- 6. LIABILITY FOR DAMAGES: THE PERIIIITTEE IS RF.SPONSISLE FOR ALL LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE WHICH, MAY ARISE OUT OF WORK HEREIN PERMITTED, OR WHICH MAY AR-IS'OViT OF- THE. USE O,4 PGSSESS LON OF SAID 'WORKS, AND IN THE EVENT ANY CLAIM IS MADE AGAINST THE CITY OF NE`JPORT BEACH OR ANN DEPARTMENT,, OFFICER, OR EMPLOYEE THEREOF, THROUGH, BY REASON OF., OR. IN CONNECTION WITH SUCH WORK, PERMITTEE SHALL. DEFEND) INDEMNIFY AND HOLD THEM; AND EACH OF THEM, HARMLESS FROM SUCH; CLAIM. 7• REVOCATION OF PERMIT,:, HE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THE CITY OF IVEWPOR'T BL:ACH RESERVES FULL. RIGHT, POWER AND AUTHORITY TO REVOKE THIS PERMIT AT ANY TIME. IN THE EVENT THE PERMITTICE: FAILS TO 'REMOVE .SAID WORKS WITHIN THE TIME SPECIFIED, THEN THE CITY ENGINEER SHALL HAVE: THE RIGHT TO IMMEDIATELY REMOVE SAME AT THE COST AND EXPENSE OF THE PERMITTEE. - L�. REPAIRS: THE PERMITTEE SHAI.L KEEP' THE STRUCTURES IN GOOD REPAIR AT ALL TIMES. - FAILURE TO REPAIR, WHEN WRITTEN NOTICE HAS BEEN GIVEN I'D THE CITY ENGINEER, SHALL BE CAUSE FOR THE REVOCATION OF THE PERMIT. FILE A-779-2 -. Q O x...e.. •. w A o e> c, e e 4 1 ' VICINITY SKETCH .. / j;'-. . -- Ncwnowt 6nY C.uiwiwin I � �'^• _ r / � 1 � t i� � SovnDinys u'e o/olBdllD in /wvt and dvsotiv � orpthd bebhM�vn Lor�w Low Wofp^. .yoxi.run n ��'� ianpr of tiob oPpoxi.wp/�/y /O Mf. A�oibor /ii}ed r 'v �d>ob/idAod in fM'd srcfio�-z as• Mrwµrf Boy. g . Mtn• ELoQs1 c' Y/sTlSr/6 ,as ,/NO /Ed' ./S Jr4&.W^/ C= PC PO c c l; V� 1, r, ' AN �9 _ rTy t� y7vri,';r scale /''=/oo �- \ sr,a 4is& 4-/677 a7 - 7% -17,E-f'4. TO: CITY COUNCIL FROM: PUBLIC WQR1f5 DIRECTOR SUBJECT: ARBOR I TALLATIONS IN CARNATION COVE A-1077-R A D A-1122) RECOMMENDATION: JUNE 120 1967 (HARBOR PERMIT NUMBERS A-895, ALLOW AN INCREASE IN LENGTH OF THE FLOAT AT 105 BAYSIDE PLACE (A-1077-R), SUBJECT TO REVIEW BY THE ORANGE COUNTY HARBOR DISTRICT. DISCUSSION: FOLLOWING THE ADJOURNMENT OF THE COUNCIL MEETING ON MAY 22, 1967, MRS. JOHN W. CLEMMER ADDRESSED THE COUNCILMEN CONCERNING PIERS IN CARNATION COVE. MRS. CLEMMER WAS OBJECTING ON BEHALF OF HER PARENTS, MR. AND MRS. JAMES K. INGHAM, OWNERS OF III BAYSIDE PLACE, TO THE ISSUANCE OF A HARBOR PERMIT (NO. A-1122) TO MR. AND MRS. HOWARD S. MARTIN, OWNERS OF 109 BAYSIDE PLACE. THIS PERMIT HAD BEEN APPROVED BY THE CITY COUNCIL ON JUNE. 141 1965, BUT THE PIER HAS NOT YET BEEN BUILT. THE INGHAMS FEEL THERE IS A DANGER OF COLLISION BETWEEN BOATS USING THE MARTIN FLOAT AND BOATS USING THE INGHAM FLOAT. MR. ROBERT MAPLES IS INTERESTED IN BUYING PROPERTY AT 105 BAYSIDE PLACE IF HE CAN LENGTHEN THE SLIP. THIS MIGHT ALSO INTERFERE WITH INGHAMS FLOAT. BECAUSE OF PROBLEMS IN DOCKING SAILBOATS AND ALSO TO MINIMIZE PROBLEMS FROM SURGE, THE INGHAM FLOAT 15 BUILT PARALLEL TO THE U.S. PIERHEAD LINE. ALTHOUGH THE FLOAT WOULD BE LESS DESIRABLE IF IT WERE TURNED PERPENDICULAR TO THE PIERHEAD LINE, IT WOULD PERMIT ADJACENT PROPERTY OWNERS SUCH AS MARTIN AND MAPLES TO.GET MORE USE FROM THEIR SLIPS. THEREFORE, ALTHOUGH INGHAMS FLOAT WAS BUILT FIRST, IT SEEMS REASONABLE TO EXPECT HIM TO TURN HIS FLOAT SO THAT IT IS PERPENDICULAR TO THE PIERHEAD LINE IF HE FEELS THERE IS INTERFERENCE FROM HIS NEIGHBOR'S FLOATS. AN EXHIBIT WILL BE ON DISPLAY IN THE COUNCIL CHAMBERS. OSEPH T. EVLIN UBLIC WO 5 DIRE C•T OR KLP:NAJ ATT: APPROVED BY CITY COUNCIL DATE JUN 1 2 1967 A -it-i-� APRIL 120 1965 TO: CITY COUNCIL FROM: PUBLIC WORKS DIRECTOR SUBJECT: TRANSFER OF HARBOR PERMIT NO. A-1077, AND REVISION TO HARBOR PERMIT NO. A-779-R LOCATION: BAYWARD OF 105, 107, AND 109 BAYSIDE PLACE, CORONA DEL MAR REMARKS: ATTACHED HERETO ARE COPIES OF TWO MEMOS DATED NOVEMBER 19, 1964, TO THE CITY COUNCIL FROM THE PUBLIC WORKS DIRECTOR CONCERNING SUBJECT APPLI- CATIONS. ON NOVEMBER 23, 1964, THE TWO SUBJECT APPLICATIONS WERE BEFORE THE CITY COUNCIL FOR APPROVAL. THE COUNCIL ORDERED THEM RETURNED AT THE DECEMBER 28, 1964, MEETING. ON DECEMBER 28, THE TWO APPLICATIONS WERE RE-DIARIED TO JANUARY 25, 1965, ON JANUARY 2, 1965, THE APPLICANTS WERE GIVEN UNTIL 12:00 NOON THURSDAY, MARCH 19, 1965, TO FILE WITH THE CITY CLERK'S OFFICE A SOLUTION TO THEIR PROBLEM. NO SOLUTION HAS BEEN FILED. OSE PHrRKs UBLICECTOR ^S J LP:BE ATTS. APlo m .4i f SAT IV Q� �p C�ia, i9�s O�:�4-tee • eG� �lioz�. /�, i96 s NOVEMBER 19, 1964 TO CITY COUNCIL FROM PUBLIC WORKS DIRECTOR �I SUBJECT REVISION TO HARBOR PERMIT A-799-R i/IIIY LOCATION BAYWARD OF 105 AND 107 BAYSIDE PLACE, CORONA DEL MAR APPLICANTS: M. R. KLITTEN AND CARL QUANDT 107 BAYSIDE PLACE (105 BAYSIDE PLACE, CORONA DEL MAR) CORONA DEL MAR 336o WILSHIRE BOULEVARD LOS ANGELES 5, CALIFORNIA RECOMMENDATIONS. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO GRANT A JOINT OWNERSHIP HARBOR PERMIT SUBJECT TO THE FOLLOWING CONDITIONS: 1. EXISTING PIER AND FLOAT BE MOVED AND MODIFIED TO CONFORM TO THE ADOPTED HARBOR PERMIT POLICIES. Z. ONE FINGER SLIP BE PERMITTED FOR MR. KLITTEN, LOCATED ON HIS PROPERTY. 3:% NO SLIP BE PERMITTED FOR MR. QUANDT UNTIL SUCH TIME AS HE PROVIDES SANITARY FACILITIES AT 105 BAYSIDE PLACE. REMARKS: 1. APPROVAL OF' THE CITY COUNCIL IS REQUIRED BECAUSE THE EXISTING STRUCTURES DO NOT CONFORM TO THE ADOPTED HARBOR PERMIT POLICIES. 2. PRIOR APPROVAL OF THE CORPS OF ENGINEERS IS NOT REQUIRED. 3. THE PROPOSED STRUCTURES ARE LOCATED BEHIND THE U. S. BULKHEAD LINE AND OVER THE PRIVATE PROPERTY OF APPLICANTS. 4. IN THIS AREA THE PRIVATE PROPERTY EXTENDS UNDER THE WATERS OF THE BAY. 5. THE EXISTING STRUCTURES DO NOT CONFORM TO THE ADOPTED HARBOR PERMIT POLICIES BECAUSE 105 BAYSIDE PLACE HAS NO SANITARY FACILITIES. 6• THE EXISTING STRUCTURES 00 NOT CONFORM TO THE ADOPTED HARBOR PERMIT POLICIES BECAUSE THE PIER IS T AT THE COMMON LOT LINE. "IMP'AOVCD DY CITY COUNCIL DATE .196 O EP DEVLIN PU L I C ORKS DIRECTOR ATTS. TO. CITY COUNCIL FROM: PUBLIC WORKS DIRECTOR SUBJECT: TRANSFER OF HARBOR PERMIT A-1077 NOVEMBER 19, 1964 / APPLICATION TO: TRANSFER INTEREST IN PERMIT FOR JOINTLY OWNED FLOAT FROM CHARLES H. LAWS TO CAROLYN G. MARTIN APPLICATION HAS BEEN SIGNED BY MARTHA HYER, JOINT HOLDER OF PERMIT.) LOCATION : RECOMMENDATION: REMARKS: LOT D, CORONA DEL MAR TRACT, BAYWARD OF 107 AND [09 BAYSIDE PLACE, CORONA DEL MAR APPROVE THE TRANSFER, SUBJECT TO THE FOLLOWING CONDITIONS: 1. MRS. MARTIN TO APPLY FOR A PERMIT TO CONSTRUCT A NEW PIER ON HER PROPERTY TO PROVIDE ACCESS TO HER FLOAT. 2. ONLY ONE SLIP TO BE PERMITTED ON FLOAT. I. APPROVAL OF THE CITY COUNCIL IS REQUIRED BECAUSE THE EXIST- ING PERMIT DOES NOT CONFORM TO THE ADOPTED HARBOR PERMIT POLICIES. 2. THE EXISTING STRUCTURES ARE WITHIN THE U. S. BULKHEAD LINE. 3. THE PRIVATE PROPERTY IN THIS AREA EXTENDS UNDER THE WATERS OF THE BAY. 4. THE EXISTING STRUCTURE DOES NOT CONFORM TO THE ADOPTED HARBOR PERMIT POLICIES BECAUSE THE PIER IS NOT CONNECTED TO LAND AT 107 OR 109 BAYSIDE PLACE. 5. HARBOR PERMIT A-1122, APPROVED BY THE CITY COUNCIL DECEMBER 14, 1959, ISSUED TO C. H. LAWS FOR A PIER BAYWARO OF 109 BAYSIDE PLACE,HAS EXPIRED. THE PIER WAS -NOT BUILT. JO EPfCORKSEVLIN BLIDIRECTOR ATTS. JTD:VR . •#,: * } Y John F. Talton GoldwaterWright2 Wright, I Mack Suite 502 Rowan f South Spring . i" Angeles, 90013 ,, FM- . 8 - `° " t tR ff-j1 oyzj Dear Mr. Tolton- i Tully eta Sey u THS:mec City Attorney «I s - LAW OFFICES OF WRIGHT, WRIGHT, GOLDWATER AND MACK LOYD WRIGHT SUITE S02 ROWAN BUILDING LOYD WRIGHT, JR. 119I9-19641 S. EARL WRIGHT , AUGUSTUS F. MACK, JR. 4S8 SOUTH SPRING STREET BEVERLY HILLS OFFICE RICHARD M. GOLDWATER JOHN H. RICE LOS ANGELES, CALIFORNIA 90013 12O EL CAMINO DRIVE JOHN F.TOTON LION DONNNAED A. R D TELEPHONE 626-1291 BRADSHAW 2-3494 ANDREW J. DAVIS, JR. RODNEY R. BUCK CABLE ADDRESS WRIGHTLAW KENNETH R. CARROLL December 28, 1965 DAVID GORTON PLEASE ADDRESS REPLY TO GEORGE E. TOWERS LOS ANGELES OFFICE '1 CITY CVQRK The Honorable City Council ti City of Newport Beach f DEC 3 1 196500' 3300 West Newport Boulevard aVOF Newport Beach, California /% NEwPORT BEACH. CALIF. � Re: Pier Permit No. A 779 tt,pp q' Sli Permit No. A 1077� 'A `' Gentlemen: This office represents Mr Martin R. Klitten, who, with Mr Carl Quandt, is the owner of the pier as relocated pursuant to permission granted by the City of Newport Beach in 1964. At the time the permit was granted to re- locate the pier the Public Works Department and City Council requested that the slip identified under Permit No. A 1077 be detached from the existing facilities. A permit has been issued by the city to allow Mrs Caro- lyn G. Martin to construct her own pier and facility on property owned by her which is immediately adjacent to the property of Mr Klitten. In connection with the re- location of his pier Mr Klitten has been unable to comply with the requirements of the city that the slip of Mrs Martin be detached and located elsewhere. Mrs Martin,,her friends, and renters of the slip from her have continually and without authority trespassed over the property owned by Messrs Klitten and Quandt to their great annoyance and to the destruction of the property, due to some asserted claim of right, which we are at a loss to understand. The Honorable City Council is respectfully requested to instruct Mrs Martin and to take such other appropriate action as may be necessary to cause the slip identified ( _ under Permit No, A 1077 to be detached from the existing __ hies and to be removed and relocated at such other " place a y be approved by the city. `. Respectfully submitted �lton, for Wright, Wright, Goldwater and Mack Attorneys for Martin R. Klitten LEV d Lgon LESTER L. LEV ATTORNEYS AT LAW Le ROY E. LYON, JR. 140 WEST AMERIGE LOUIS P.HELMREICH - LOVISL.SELSY - FULL{RT00, COLIfOR01092632 April 1, 1964 Carolyn W. Martin 615 South Pasadena Pasadena, California Dear Mrs. Martin: TELEPHONE 925-1115 Your letter of February 27 has been in my office for over a month. I left on February 26 for a trip from which I have just returned. That explains the delay in answering. You will recall that I had many times told you and Mr. Martin that the six foot easement was given in a very informal way originally, but was later reserved in a deed from Klitten to Hyer; that the title companies would not insure the ease- ment for Laws, but that they also stated that they would not insure Klitten against the easement. In other words, they don't know whether the easement is good or not. The discrepancy is a cloud on the Klitten property. All this was explained to you in my letter of January 15, 1964, as well as many oral explanations throughout the negotiating period. I think Mr. Martin will recall them because most of my conversations about the easement were with him. I did tell you that Mr. Laws paid one half of the costs of the pier and slip and had retained the easement as explained above. I believe that if Mr. Klitten were to sell his vacant lot, it would not effect your six foot easement. You never did have half interest in it, only the right to use it. I don't know who pays the taxes on the pier and slip or what the arrangement is on the use of the water or the pier. I am finding out from Mr. Laws. You will recall, however, that I previously told you .that Klitten has the use of two of the slips and you have the other one. I will hold your check until authorized to endorse it to Mr. Laws, Very t yo rs, Lester L. Lev LLL : s "Y 2 loss This letter, Qr'hu,A . . . la to ,:ouiimw otir uudersLan.diY41 rergwxdlr4Jlfs pinr which we have jointly built -- located wn Lw-ty,:; and u.y property in Carnation Co.e At Corona Del slag -- wul a"o regarding; the seise umt or walkway over our property which leads to the pier. The pier ham bean built into the 'bay and abuts on the south edge or our property located at 103 and lU7 Bayside Place Corona Del par. It has beta palm for -half by ouch of us. We shall each coutinuo to pay one -halt of the uors8l Miutenanca "-pone® of the gofer unless these a)cpansaas are paid for by Los Beufald for his use of the pier during the fall, spring and susauor months. Although the pier in recorded in may nano this in to clarify the situation that you own ossa half of the pier and are entitled to use one -halt of Its facilities. . We've givon you an oaa4wqnt or a walkway over the five foot wide, blacktop path Along the Vouch edits" if Our property for the purposes of going to and grout tea pier. Yn the ovawt of your death or In them event that you sell your p.Operty at 100 Mayrslcle place at Corona Pet War you or your estate mah•reo to soil your 1u«zrrjat in the pier to mo or to Runty nor an amount equal to ;,wur contribution to the oouatructiese. seat of the Afar and !or Any future improvemento that stay be wade to it. Your raharo of any :sl,ulntonanro o%ponso, of aeuraae should not be included in this prioo> Howover., Chu,°➢s, we're Interested its sharing the pier with yaks and your family Only .. and slew oa.AeaWnt shall tsraalnats upon yo%r death or upon the "is of year property to other aware. Lfv & LWOn LESTER L. LEV ATTORNEYS AT LAW T[L6VMONC S26•IIIB LtROY E,LYO Nr JR. 140 WEST AMERIOE - LOVIS R.HELM REIeH LOVE LSELBY F� ULLOT011CBLIFOInIA 9202 t April 30, 1964 Mr. and Mrs. Howard S. Martin 615 South Pasadena Pasadena, California a, Dear Mr, and Mrs, Martin: At Mr. Martin's request which he made when he stopped in my office a week or so ago, I contacted Mr. Laws and asked for a copy of the original letter agreement between•Mr. Klitten and Mr. Laws relative to the pier. A photo copy of the original agreement is enclosed. You will note that it is ,just as I described it in my letter to you of January 15, 1964. 'It amounts to little insofar as a recorded easement is concerned, but in any event it was superseded by the reservation of ease- ment in the deed from Klitten to Hyer. You will recall that -right from the first I had told you that the title company would not insure the easement and I believe Mr. Laws told you the same thing during his conversations with you. I again suggest,.however, that you get in touch with Mr. Klitten to work out a satisfactory arrangement for use of the pier. It may be that he would want to give you an easement along the sea wall in order to clear his vacant lot from the cloud of the easement created by the Klitten-Hyer deed. I know from personal experience that.you will find him to be a very good neighbor, : CITY OI ,EWPORT BEACH - PUBLIC WORKS D& TMENT PIER PERMIT TRANSFER FORM DATE_ one -halt APPLICATION IS HEREBY MADE TO TRANSFER ALL. MY RIGHT, TITLE AND/INTEREST IN PERMIT N0. -/D� FOR —PIER AND AGILITY LOCATED BAYWARD OF PROPERTY" AT 107 Bayside Places Corona del Mar, Calthnnia. Portion of Block D of CO (ADDRESS; BEING LOT_ Metes and Bounds BLOCK , SECTION , OF TRACT IT IS AGREED THAT ALL CONDITIONS CONTAINED IN THE ORIGINAL PIER PERMIT AND ANY SPECIAL PROVISIONS SHOWN HEREON SHALL APPLY, AND THAT THE TRANSFEREE HAS ACQUIRED OR IS IN THE PROCESS OF ACQUIRING THE ABUTTING UPLAND PROPERTY. IN THE EVENT THAT THE ACQUISITION DOES NOT BECOME FINAL, THIS TRANSFER IS NULL AND VOID, BEFORE FINAL ISSUANCE OF TRANSFER, A_LETTER FROM SELLER, BUYER OR AUTHORIZED AGENT WILL BE REQUIRED STATING TWAT TRANSFER OF TITLE HAS BEEN COMPLETED - TRANSFEROR MARTIN R. BLITTEN and RUSSELIA FAY KLITRZNI, 1213 N. Amalfi Drive, Pacific Palisades NAME ------~-- MA!—S. iNG AOJREsS '—Ca1YYSP[tia. Hn r LMLL JOHN M,- MDD( ULD and � McDQ1YAT.D. 1i70 Ramp ro oad San r a..,A___IM-rjno. California. 4 UYE NAME MAILINu ADDRESS JohY % dTRANSFEREE Wrt"C.ATTRANSFEROR — Marcia ii: WED6naldA. SFERE" Rueeelia Fay1djt4gN3FEROR IF FACILITY IS JO!NTL'r CWNEO, AP-ROVAL. OF JOINT OWNER `.S TRANSFER APPROVED ftbbb( DATE 9-10-68 SPECIAL PROVISION IMPOSED BY CITY .COUNCIL' Nrnr+ FEE qd-!Z`r _ CLACK N0. z 2. DATE O ➢TY LNOINEER Benjamin B. Nolan PERMIT NO. GENERAL PROVISIONS FOWHARBOR PERMITS �• ACCEPTANCE OF PROVISIONS: IT bS UNDERSTOOD AND AGREED BY THE PERMITTEE THAT ,.,THE DOING OF''ANY'WORK LINDER THIS`•PERM,IQ SHALL CONST,iTUTE „AN, ACCEPTANCE.OF..ALL OF THE PROVISIONS- Z. PERMIT FROM OTHER AGENCIES; THE PARTY OR PARTIES TO WHOM THIS. PERMIT IS ISSUE.D;SHALLN �, WHENEVER THE SAME•IS REQUIRED BY LAW, SECURE -THE WRITTEN ORDER OR CONSENT TO -ANY WORK-HEIREUNDER FROM THE U.•S. CORPS OF, ENGINEERS OR ANY OTHER PUBLIC, BODY HAVING JUR.ISDICTIQ,N ,. AND THIS PERMIT SHALL BE SUSPENDED IN OPERATION UNLESS AND UNTIL SUCH ORDER OR CDN�ENT !S OBTAINED - TRANSFERRING PERMIT'. THIS PERMIT IS NOT TRANSFERABLE WiTHOUT'THE WRITTEN . ` BEHOH�IF'COUN�IL A'PPROVAL'I'•S REQ U-IREO. OF THE CITY OF NEW PORT CONS �idT OF THE PUBLIC WORKS DEPART ME NT OR OF THE CITY COUNCIL - - 4. INSPECTION: THE WORK SHALL BE SUBJECT TO THE SUPERVISION AND APPROVAL OF THE P'U DLIC'W6R KSDE RSA iiT ME NT r:THE. PERMITTEE ;SHALL.NOT.IFY THEi;PUB•.L1C WORK$' DE:P AATMENT AT LEAST' j DAYS IN ADVANCE OF THE DATE WORK IS TO BEGIN AND BEFORE ITS COMPLETION- ., 5. PROTECTION- OF TRAFFICt ADEQUATE PROVISIONS SHALL BE MADE FOR THE PROTE CHION OF-THE-.-TRAVEI.ING PUB:L ICE.: BARRICADES SHALL BE PLACED ON STREETS, WITH LI,G,HTS, ATI,IN:I-GHT, ALSO FLAGMEN'...EMPLOYED, ALL AS MAY BE REQUIRED BY THE PARTICULAR WORK IN PROGRESS. THE PERM:I;TTEf; S.HA:L L NOT, ATTEMPT TO FORBID THE FULL AND ;FREE.;U SE BY THEr PUBLIC OF ALL NAVIGABLE WATERS AT OR ADJACENT TO THE WORK OR STRUCTURE. IF THE DISPLAY OF - - _ .: LIGHTS AND SIGNALS ON ANY.WORK HEREBY AUTHORIZED IS NOT OTHE.RWISE.PROVIDED BY. LAWS SUCH LIGHTS-AND -SIGNALS, AS MAY SE'PRESCR IBED BY SURE A.0 OF LIGHT HOUSES, DEPARTMENT OF EOM" - -. MERCE,. SHALL BE, _INSTALLED . AND MAINTAINED AT THE EXPENSE OF THE PERMITTEE,. _ STRUCTURES SHALL BF. $p CONSTRUCTED AS NOT TO OBSTRUCT, INTERFERE.WfYH OR PRE- . - VENT THE FREE USE OR PASSAGE OF ANY: SIDEWALKS, STREET, ALLEY' PUBLIC WAY OR NAVIGABLE iC"HANNEL.. .. _.._.. - .. . 6. LIAB A, I. LT Y_-'FOR DA14AGf6:_ THE PERMITTEE ISRESPONS IBLf FOR ALL LIABILITY - FOR PERSONAL INJURY OR PROPERTY DAMAGE WHICH MAY ARISE OUT OF WORK HE -REIN PERMITTED, OR - WHICH MAY ARISE OUT OF THE USE OR POSSESSION OF SAID WORKS, AND IN THE EVENT ANY CLAIM IS MADE AGAINST THE -CITY OF NEWPORT BEACH OR ANY DEPARTMENT, OFFICER, OR EMPLOYEE THEREOF, THROUGH,_BY REASON OF,.OR IN CONNECTION WITH SUCH WORK, 'PERMITTEE SHALL DEFEND, .INDEMNIFY AND HOLD THEM, AND EACH OF THEM, HARMLESS FROM SUCH CLAIM- 7-REVOCATION OF PERMI_TL THE.RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY, :,.AND THE CI.TY OF NEWPORT BEACH RESERVES FULL RIGHT, POWER, AND AUTHORITY TO.REVOKE THIS PERMIT AT ANY TIME. IN THE , EVENT THE PERMITTEE FAILS TO REMOVE SAID WORKS WITHIN THE -:TIME SPECIF.IED,' THEN THE CITY E'NG.INEER SHALL HAVE.THE RIGHT. TO IMMEDIATELY REMOVE SAME:" 'AT THE COST AND EXPENSE OF THE PERMITTEE. 8. REPAIRS: THE PERMITTEE SHALL KEEP THE 3'fRUCTURfS IN GOOD REPAIR AT ALL TIMES FAILURE TO REPAIR, WHEN WRITTEN NOTICE HAS BEEN GIVEN BY THE CITY,ENGINEER' SHALL BE CAUSE FOR THE REVOCATION OF THE PERMIT.