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HomeMy WebLinkAbout15 - Approve a MOU with the CCC to Use the Donated Funds from Newport Harbor Yacht Club for the Central Avenue Public Pier ProjectTO: FROM: CITY OF NEWPORT BEACH City Council Staff Report November 22, 2016 Agenda Item No. 15 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Chris Miller, Harbor Resources Manager, cmiller@newportbeachca.gov PHONE: 949-644-3043 TITLE: Approve a Memorandum of Understanding with the California Coastal Commission (CCC) to Use the Donated Funds from Newport Harbor Yacht Club for the Central Avenue Public Pier Project ABSTRACT: Pursuant to Newport Harbor Yacht Club's (NHYC) Coastal Development Permit (No. 5- 15-1459) for the reconstruction of their clubhouse, Special Condition No. 3.D stipulates that a memorandum of understanding (MOU) be executed between the City and the California Coastal Commission (CCC) for use of the donated funds from NHYC for the City's Central Avenue Public Pier project. RECOMMENDATION: a) Find the approval of the MOU between the City and the CCC for the use of donated funds for the Central Avenue public pier project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (construction of limited, new small facilities) of the CEQA Guidelines; and b) Authorize the City Manager to sign the MOU between the City and the CCC for the use of donated funds for the Central Avenue Public Pier project. FUNDING REQUIREMENTS: There is no fiscal impact related to the approval of this MOU. The City Council has previously accepted NHYC's $350,000 donation for the Central Avenue Public Pier at their October 25, 2016 meeting. 15-1 Approve a Memorandum of Understanding with the California Coastal Commission to Use the Donated Funds from Newport Harbor Yacht Club for the Central Avenue Public Pier Project November 22, 2016 Page 2 DISCUSSION: On May 27, 2016, the CCC issued a Notice of Intent to Issue Permit to NHYC for its clubhouse reconstruction (Permit No. 5-15-1459). Pursuant to Special Condition No.3, NHYC is required to contribute $350,000 towards public access improvements in the vicinity of Newport Harbor. The City's Fiscal Year 2016-17 Capital Improvement Program budget identifies the Central Avenue Public Pier project to provide a new public pier at the Central Avenue street -end in Lido Village. This pier will be used to meet boating and docking demands in this underserved section of the harbor. On September 13, 2016, the CCC Executive Director authorized NHYC to contribute the $350,000 to the City to help fund the project, and on October 25, 2016, the City Council accepted those funds. CCC permit Special Condition No.3.D stipulates that prior to expending any of the NHYC donated funds, the City shall enter into an MOU with the CCC memorializing the following primary conditions: 1) Description of the public access improvements; 2) The City will obtain all necessary regulatory permits and approvals, including a Coastal Development Permit; and 3) The City will commence development of the public pier project within 36 months of the MOU date of effectiveness. Upon execution of the MOU, the City will finalize the permitting process with the CCC and the Corps of Engineers, then proceed with the construction bidding process for the new public pier in early 2017. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (Class 3, New Construction of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 3 exemption allows for the construction and location of limited numbers of new structures, and is applicable to the proposed new public dock.. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Location Map Central Avenue Public Pier Attachment B — Memorandum of Agreement with the CCC 15-2 ATTACHMENT A Bq�eoq C-0 -i OVFS PROJECT LOCATION Op . TURNING BASIN CENTRAL AVENUE PUBLIC PIER CITY OF NEWPORT BEACH LOCATION MAP PUBLIC WORKS DEPARTMENT 1 7 10/25/2016 15-3 ATTACHMENT B MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE CALIFORNIA COASTAL COMMISSION TO PROVIDE PUBLIC ACCESS IMPROVEMENTS TO NEWPORT HARBOR This Memorandum of Understanding ("MOU") is entered into on , 2016, ("Effective Date") by and between the City of Newport Beach, a California municipal corporation and charter city ("City") and the California Coastal Commission, a California public agency ("Commission"), through each of their duly elected, appointed, qualified, or acting representatives. The City and the Commission may hereinafter be referred to individually as "Party" or collectively as the "Parties." RECITALS A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. The Commission is a California public agency created and validly existing under the authority of California Public Resources Code Sections 30300 et seq. C. On March 10, 2016, the Commission approved, but did not yet make effective Coastal Development Permit No. 5-15-1459 ("Permit") requested by the Newport Harbor Yacht Club ("NHYC") under a Notice of Intent to Issue Permit, attached hereto and incorporated herein by reference as Exhibit "A," regarding the development taking place within the coastal zone at 720 West Bay Avenue, Newport Beach, California, County of Orange, Assessor's Parcel Numbers 048- 010-03, 048-021-04, 048-021-06, 048-021-07, 048-021-08,048-021-12, 048-021- 16, 048-021-17, 048-021-18, 048-021-19, 048-021-20, 048-021-21, 048-021-22, 048-021-23, 048-021-24,048-021-25,057-021-02, and 057-021-05. D. Pursuant to the Permit's Special Condition Number 3, Implementation of Proposed Public Access Improvements ("Special Condition No. 3"), the Parties desire to enter into this MOU to memorialize the Commission's acceptance of the NHYC's payment of Three Hundred Fifty Thousand Dollars and 00/100 ($350,000.00) to the City for the construction of public access improvements in the Newport Harbor. Only after this Special Condition No. 3 and other "prior to issuance" special conditions are satisfied shall the Commission issue the Permit. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: PUBLIC ACCESS IMPROVEMENT FUNDS 1.1 On September 29, 2016, NHYC paid Three Hundred Fifty Thousand Dollars and 00/100 ($350,000.00) ("Funds") to the City as mitigation for impacts to 15-4 public access associated with the Commission's approval of the Permit. On October 4, 2016, the City deposited the Funds into an interest-bearing special revenue account. Use of funds in the interest-bearing special revenue account is restricted by the terms of Special Condition No. 3 and this MOU. On September 13, 2016 and prior to the issuance of the Permit, the Commission's Executive Director ("Executive Director') approved the City to manage the Funds in support of providing increased public access to Newport Harbor ("Public Access Improvements"). 1.2 The Funds, and any accrued interest attributable to the Funds, shall be used solely for provision of Public Access Improvements in consultation with the Executive Director pursuant to this MOU. Any development paid for by the Funds requires review and approval of the Executive Director and a coastal development permit ("CDP"). 1.3 The Funds, and any accrued interest attributable to the Funds, shall be used in their entirety within five (5) years of October 4, 2016, the day when the Funds were deposited into the interest-bearing special revenue fund managed by the City. If any portion of the Funds or accrued interest therefrom remain in the account after five (5) years, those Funds and interest shall be donated to an agency or non-profit entity, to be selected by the Executive Director, providing increased public access opportunities to the Coastal Zone in Newport Beach, California. 1.4 On November 4, 2016, the Commission approved the City's CDP Application No. 5-16-0353, for the construction and operation of a public pier, dock float, and adjacent plaza improvements at the terminus of Central Avenue in Newport Beach, California. Because the City has received some or all of the Funds, the public dock shall be ADA compliant and provide public access to or from a float designed to serve small powered and hand carried vessels ("Dock"). If the City does not obtain a coastal development permit(s) for the public pier, dock float, and adjacent plaza improvements (i.e. the public access improvements) and carry out those improvements using the entirety of the Funds within the timeframe specified in this MOU, those Funds and interest shall be donated to an agency or non-profit entity, to be selected by the Executive Director, providing increased public access opportunities to the Coastal Zone in Newport Beach, California. 1.5 On September 13, 2016 and prior to the City's expenditure of any Funds, the Executive Director approved in writing the City's proposed use of the Funds as being consistent with the intent and purpose of Special Condition No. 3. 2. PUBLIC ACCESS IMPROVEMENTS DETAILS 2.1 Consistent with Special Condition No. 3, the Public Access Improvements include, but are not necessarily limited to, the following: 2.1.1 The Public Access Improvements shall provide increased public access to Newport Harbor, which may consist of the Central Avenue public pier California Coastal Commission MOU Page 2 15-5 and dock float facility and plaza at the terminus of Central Avenue in Newport Beach, California (see CDP Application No. 5-16-0353); 2.1.2 The Dock shall be ADA compliant and provide public access to or from a float designed to serve small powered and hand carried vessels; and 2.1.3 Any amendment to CDP Application No. 5-16-0353 or new CDP application to improve public access reasonably related to the Dock, including but not limited to improvements to the public plaza adjacent to the pier and parking lot. 2.2 By accepting the Funds, the City shall obtain all necessary regulatory permits and approvals, including but not limited to, a CDP. 2.3 By accepting the Funds, the City shall commence development of the Public Access Improvements that provide increased public access to Newport Harbor, which may consist of the Central Avenue pier and float facility and plaza, within thirty six (36) months of the Effective Date of this MOU. 2.4 The Executive Director may extend any deadlines referenced herein, in writing, for good cause. 2.5 The Public Access Improvements for Newport Harbor under this MOU shall be administered by the City's Public Works Department — Harbor Resources. 2.6 The terms and conditions specified in Subsections A and B of the Permit (5-15-1459) are hereby expressly incorporated by reference into this MOU. 3. NOTICES All notices, demands, requests or approvals to be given under the terms of this MOU shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third (3rd ) business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Commission to City shall be addressed to City at: Attention: Harbor Resources Manager City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 California Coastal Commission MOU Page 3 15-6 WITH A COPY TO: Attention: Community Development Director City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 All notices, demands, requests or approvals from City to Commission shall be addressed to Commission at: Attention: Executive Director California Coastal Commission South Coast District Office 290 Oceangate, 1& Floor Long Beach. CA 90802 4. STANDARD PROVISIONS 4.1 Recitals. The Parties acknowledge the Recitals in this MOU are true and correct and are hereby incorporated by reference into this MOU. 4.2 Compliance with all Laws. The Parties shall, at their own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 4.3 Waiver. A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 4.4 Integrated Contract. This MOU represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto up to the effective date of this MOU, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. leo verbal agreement or implied covenant shall be held to vary the provisions herein. 4.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this MOU and the "Notice of Intent to Issue Permit No. 5-15- 1459" (Exhibit A), the terms of Exhibit A shall govern. 4.6 Interpretation. The terms of this MOU shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of the MOU or any other rule of construction which might otherwise apply. California Coastal Commission MOU - f� - Page 4 15-7 4.7 Amendments. This MOU may be modified or amended only by a written document executed by bath. Parties and approved as to form by the City Attorney and the Commission's Chief Counsel. 4.8 Severability. If any term or portion of this MDU is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this MOU shall continue in full force and effect. 4.9 Controlling Law and Venue. The laws of the State of California shall govern this MOU and all matters relating to it and any action brought relating to this MCU shall be adjudicated in a court of competent jurisdiction in the County of Change, State of California. 4.19 No Attorneys' Fees. In the event of any dispute or legal action arising under this MDU, the prevailing Party shall not be entitled to attorneys' fees. 4.11 Counterparts. This MOU may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 4.12 Authority to Enter Into Agreement. The Parties warrant that they are duly authorized to enter into this MOU and perform their obligations hereunder, and have received all necessary third party consents and approvals to perform such obligations. [SIGNATURES ON NEXT PAGE] California Coastal Commission MOU Page 5 15-8 IN WITNESS WHEREOF, the Parties have caused this MOU to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1 $N By: L� Aaron C. Harp (Am %111W City Attorney ATTEST: Date: Bv: CITY OF NEWPORT BEACH, a California municipal corporation and charter city Date: In Dave KifF City Manager CALIFORNIA COASTAL COMMISSION, a California public resources agency Date: Leilani 1. Brown John Ainsworth City Clerk Acting Executive Director [END OF SIGNATURES] Attachment: Exhibit A — Notice of Intent to Issue Permit No. 5-15-1459 California Coastal Commission MOU Page 6 15-9 EXHIBIT A NOTICE OF INTENT TO ISSUE PERMIT NO. 5-15-1459 California Coastal Commission MOU Page A-1 15-10 STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY EDMUND G. BROWN, )R.. GGiEWOR CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE Zoo OCEANGATE, LOTH FLOOR ( ( E JF(� f �� - LONG BEACH, CALIFORNIA 90802-4116 r 0 ri PH (562) 590-5071 FAX (562) 590.5084 r WW)lS4A�ALSAJU0Y i Page 1 May 27, 2016 Permit Application No.: 5-15-1459 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE STEPS (NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL DEVELOPMENT PERMIT ("CDP"). A Coastal Development Permit for the development described below has been approved but is not yet effective. Development on the site cannot commence until the CDP is effective. In order for the CDP to be effective, Commission staff must issue the CDP to the applicant, and the iapplicant must sign and return the CDP. Commission staff cannot issue the CDP until the applicant has fulfilled each of the "prior to issuance" Special Conditions. A list of all the Special Conditions for this permit is attached. The Commission's approval of the CDP is valid for two years from the date of approval. To prevent expiration of the CDP, you must fulfill the "prior to issuance" Special Conditions, obtain and sign the CDP, and commence development within two years of the approval date specified below. You may apply for an extension of the permit pursuant to the Commission's regulations at Cal. Code Regs. title 14, section 13169. On March 10, 2016, the California Coastal Commission approved Coastal Development Permit No. 5-15-1459 requested by Newport Harbor Yacht Club subject to the attached conditions, for development consisting of: Demolish existing 19,234 sq. ft. clubhouse, construct 23,163 sq. ft, two-story approx. 36 -foot high clubhouse supported by pile and pier foundation and elevated bulkhead (+9.4 feet NAVD88), replace fencing, construct new access ramps to existing docks, install and remove temporary approx. 400 square foot dock float and relocate three piles to enable 80 -foot long vessel to provide temporary clubhouse during construction, locate temporary management and food preparation facilities in east yard during construction, and provide $350,000 to City of Newport Beach or other accepting agency for construction of public access improvements in Newport Beach. More specifically described in the application filed in the Commission offices. Commission staff will not issue the CDP until the "prior to issuance" special conditions have been satisfied. The development is within the coastal zone at: 720 W Bay Avenue, Newport Beach (Orange County) (APN(s): 048-010-03, 048-021-04, 048-021-06, 048-021-07, 048-021-08, 048-021-12, 048- 021-16, 048-021-17, 048-021-18, 048-021-19, 048-021-20, 048-021-21, 048-021-22, 048-021-23, 048-021-24, 048-021-25, 057-021-02, 057-021-05) 15-11 i I Page 2 May 27, 2016 Permit Application No.: 5-15-1459 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) If you have any questions regarding how to fulfill the "prior to issuance" Special Conditions for CDP No. 5-15-1459, please contact the Coastal Program Analyst identified below. Sincerely, John Ainsworth Acting Executive Director 2-W11b.,.__ Zach Rehm Coastal Program Analyst ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this Notice and fully understands its contents, including all conditions imnosed. ko we NoviMeT 141+k,0o¢ %jAr HT CVU g 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, then 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 15-12 Page 3 May 27, 2016 Permit Application No.: 5-15-1459 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission and 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: This permit is granted subject to the following special conditions: Final Project Plans. A. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, for the review and approval of the Executive Director, two (2) full size sets of Final Project Plans, including floor, elevation, grading, foundation, and site plans. The Final Project Plans shall be in substantial conformance with the plans received by South Coast District staff on October 1, 2015; December 15, 2015; January 29, 2016; and February 15, 2016. B. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission -approved amendment to this Coastal Development Permit unless the Executive Director determines that no amendment is legally required. 2. Temporary Facilities Plan. A. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, for the review and approval of the Executive Director, two (2) full size sets of a temporary facilities plan, including floor plans and elevations of temporary structures, and temporary grading, dredging, piling placement, dock realignment, dock coverage, and utility connections. The temporary facilities plan shall be in substantial conformance with the plans received by South Coast District staff on January 29, 2016. B. The temporary facilities plan shall include plans for the removal of the temporary facilities when the reconstruction project has been completed, and the restoration of the facilities which were altered in the Temporary Facilities Plan to the condition which existed prior to placing the temporary facilities. All temporary facilities shall be removed from the site and the site restored to its prior condition within 90 days of the date on which the City of Newport Beach issues a Certificate of Occupancy for the reconstruction project. C. Prior to commencing the installation and the removal of the temporary facilities, the permittee shall conduct the eelgrass (Zosters marina) and invasive algae (Caulerpa taxifolia) surveys which are required by Special Conditions 10 and 11, and shall have submitted such surveys for the review and approval of the Executive Director. 15-13 Page 4 May 27, 2016 Permit Application No.: 5-15-1459 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) D. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission -approved amendment to this Coastal Development Permit unless the Executive Director determines that no amendment is legally required. 3. Implementation of Proposed Public Access Improvements. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall provide evidence, in a form and content acceptable to the Executive Director, that a payment of $350,000 has been paid to an accepting entity as proposed -by the Newport Harbor Yacht Club in a letter dated January 29, 2016 and as described further below. A. The proposed public access improvement fund payment of $350,000 (herein `fund') shall be deposited into an interest-bearing account, to be established and managed by one of the following entities which may be approved by the Executive Director: the City of Newport Beach, the California Coastal Conservancy, or a similar Executive Director -approved entity, in support of providing increased public access to Newport Harbor. The proposed recipient - entity must be approved by the Executive Director, in writing, prior to any payment to that entity. The entire fund and accrued interest shall be used for the above stated purpose in consultation with the Executive Director. All development funded by this account will require a coastal development permit. The funds shall be used in their entirety within five years of being deposited into the interest-bearing account established and managed by the accepting entity (or entities). If any portion of the funds remain in the account after five years and the Executive Director determines the funds should be reassigned, those funds shall be donated to an agency or nonprofit entity, to be selected by the Executive Director, providing increased public access opportunities to the Coastal Zone in Newport Beach. B. Subject to review and approval of the Executive Director, the City of Newport Beach (herein `City') may receive some or all of the funds if the City obtains a Coastal Development Permit for a public dock at the northerly terminus of Central Avenue. The public dock shall be ADA compliant and provide public access to or from a float designed to serve small powered and hand carried vessels. C. If the City does not enter into a memorandum of understanding (MOU) with the Coastal Commission as required in subsection D and apply for a coastal development permit for the dock within 24 months of issuance of Coastal Development Permit 5-15-1459, all funds may be assigned to another entity approved by the Executive Director, in order to be used for the purposes stated in subsection A above. D. Prior to expenditure of any funds required pursuant to this condition, the Executive Director shall review and approve in writing, the proposed use of the funds as being consistent with the intent and purpose of this condition. In addition the entity accepting the funds required by this condition shall enter into a MOU with the Commission, which shall include, but not be limited to, the following: 1) a description of the public access improvement that provides increased public access to Newport Harbor, which may consist of the Central Avenue pier and float facility, identified in subsection B, above; 2) the terms provided in subsection A, and/or B, if applicable, of this condition; and 3) an agreement that the entity accepting the 15-14 Page 5 May 27, 2016 Permit Application No.: 5-15-1459 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) funds will obtain all necessary regulatory permits and approvals, including but not limited to, a coastal development permit; 4) the entity accepting the funds will commence development of the public access improvement that provides increased public access to Newport Harbor, which may consist of the Central Avenue pier and float facility identified in subsection B, above, within 36 months of the MOU date of effectiveness. The Executive Director may extend the above -identified deadlines, in writing, for good cause. 4. Fence and Public Access Sign Plan. The final plans submitted for review and approval to the Executive Director shall include a fence and public access sign plan for the 8`h Street public coastal access way. The plan shall be in substantial conformance to the plan submitted February 15, 2016 and referenced as an exhibit in the staff report dated February 26, 2016, which shall incorporate the following requirements: A. The height of the painted iron fences with vertical bars spaced approximately 6 -inches apart along the east and west sides of 8`h Street end shall not exceed six feet, as measured from the centerline of the street. B. The height of the wood fencing along Bay Avenue shall not exceed seven feet, as measured from the centerline of the street. C. The existing bench at the 801 Street end shall remain, and will be maintained or replaced in kind by the City of Newport Beach or the Newport Harbor Yacht Club should it become deteriorated. D. The applicant shall install a minimum of two "public viewing location" signs, each a minimum of 12 -inches by 16 -inches along the east and west fences along the 8`h Street end adjacent to Bay Avenue. The signs shall be located such that they are visible from the corner of Bay Avenue and the 8`h Street end. Additional signs identifying other public amenities and points of interest may be included in the final fence and public access sign plan, subject to the review and approval of the Executive Director. Fences, signs, and displays not explicitly permitted in this document shall require an amendment to this permit unless the Executive Director determines that no amendment is legally required. 5. No Future Seaward Extension of Shoreline Protective Device. A. By acceptance of this permit, the permittee agrees, on behalf of itself and all successors and assigns, that no future repair or maintenance, enhancement, reinforcement, or any other activity affecting the existing shoreline protective device (seawaMulkhead) shall extend further bayward than the adjudicated public/private property line and existing bulkhead as improved pursuant to Coastal Development Permit No. 5-15-1459. By acceptance of this permit, the permittee waives, on behalf of itself (or himself or herself, as applicable) and all successors and assigns, any rights to such activity that may exist under Public Resources Code Section 30235. B. PRIOR TO ISSUANCE BY THE EXECUTIVE DIRECTOR OF THE NOI FOR THIS PERMIT, the permittee shall submit, for the review and approval of the Executive Director, and upon such approval, for attachment as an Exhibit to the NOI, a formal legal description and graphic depiction of the entire subject parcel and a formal legal description and graphic 15-15 Page 6 May 27, 2016 Permit Application No.: 5-15-1459 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) depiction of the existing shoreline protective device, and which shall show the footprint of the device inland of the graphic depiction of the property line and the elevation of the device referenced to NGVD (National Geodetic Vertical Datum). The legal descriptions and graphic depiction required in this condition shall be recorded with the deed restriction required by Special Condition 20. 6, No Membership Expansion. By acceptance of this permit, the permittee acknowledges and agrees that no amendment, modification, alteration or exception to the By -Laws of the Newport Harbor Yacht Club shall be made which would increase the total authorized membership beyond the current cap of 1,200 without an amendment to Coastal Development Permit 5-15-1459. Any application to amend Coastal Development Permit 5-15-1459 to increase the authorized membership shall be accompanied by a detailed parking study which evaluates whether or not there is adequate parking available to Newport Harbor Yacht Club to accommodate an increase in the number of members. Changes within membership categories which do not change the total authorized members are not affected by this condition. 7. Parking Management Plan. The permittee shall comply with the City approved Parking Management Plan dated December 19, 2013. Any change to such Parking Management Plan shall not be implemented without an amendment to CDP 5-15-1459, unless the Executive Director determines that no amendment is legally required. 8. Conformance of Design and Construction Plans to Geotechnical Engineering Investigation and Coastal Hazards Evaluation. A. All final design and construction plans, including foundation, grading and drainage plans, shall be consistent with all recommendations contained in the following coastal engineering and geotechnical reports: "Report of Preliminary Geotechnical Investigation for Proposed New Clubhouse Building: Newport Harbor Yacht Club" as prepared by Associated Soils Engineering, Inc., project No. 09-6136 dated June 18, 2009 and updated January 9, 2015; and "Evaluation of Coastal Hazards for Newport Harbor Yacht Club" as prepared by Anchor QEA dated December 16, 2014 and updated January 28, 2016. B. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, for the review and approval of the Executive Director, evidence that an appropriately licensed professional has reviewed and approved all final design and ` construction plans and certified that each of those final plans is consistent with all of the recommendations specified in the above -referenced coastal engineering and geologic ' evaluation approved by the California Coastal Commission for the project site. C. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this Coastal Development Permit unless the Executive Director determines that no amendment is legally required. 9. Assumption of Risk, Waiver of Liability, and Indemnity. By acceptance of this permit, the permittee acknowledges and agrees (i) that the site may be subject to hazards from sea level rise, erosion, flooding, and/or wave uprush; (ii) to assume the risks to the permittee and the property 15-16 Page 7 May 27, 2016 Permit Application No.: 5-15-1459 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) that is the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or damage from such hazards; and (iv) to indemnify and hold harmless the Commission, its officers, agents, and employees with respect to the Commission's approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards. 10. Pre -Construction and Post -Construction Eelgrass Surveys. A. Pre -Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) 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. If any portion of the t project commences in a previously undisturbed area after the last valid eelgrass survey expires, a new survey is required prior to commencement of work in that area. The survey shall be prepared in full compliance with the "California Eelgrass Mitigation Policy" dated October 2014 (see http://www.westcoast.fisheries.noaa.gov/habitat/habitat,_types/ seagrass_ info/california eelgrass.html) (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California € Department of Fish and Wildlife. The permittee shall submit the eelgrass survey for the " review and approval by the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the permittee shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "California Eelgrass Mitigation Policy" dated October 2014 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Wildlife. The permittee shall submit the post -construction eelgrass survey for the review and approval by the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the permittee shall replace the impacted eelgrass at a minimum 1.38:1 ratio on-site, or at another i location, in accordance with the California Eelgrass Mitigation Policy. The exceptions to the required 1.38:1 mitigation ratio found within the California Eelgrass Mitigation Policy shall not apply. Implementation of mitigation shall require an amendment to this permit or a new Coastal Development Permit unless the Executive Director determines that no amendment or new permit is legally required. 11. Pre -Construction Caulerpa Taxifolia 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 permittee 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. If any portion of the project 15-17 Page 8 May 27, 2016 Permit Application No.: 5-15-1459 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) commences in a previously undisturbed area after the last valid Caulerpa taxifolia survey expires, a new survey is required prior to commencement of work in that area. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Wildlife, and the National Marine Fisheries Service. C. Within five business days of completion of the survey, the permittee shall submit the survey: i. for the review and approval by 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 & Wildlife (858-467-4218) or Bryant Chesney, National Marine Fisheries Service (562-980-4043), or their successors. D. If Caulerpa taxifolia is found within the project or buffer areas, the permittee shall not proceed with the project until 1) the permittee provides evidence to the Executive Director that all Caulerpa taxifolia discovered within the project and buffer area has 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 permittee has revised the project to avoid any contact with Caulerpa 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. 12. Construction Best Management Practices. A. The permittee shall comply with the following construction -related requirements: i. No construction materials, debris, or waste shall be placed or stored where it may be subject to wave, wind, rain, or tidal erosion and dispersion; ii. Any and all debris resulting from construction activities shall be removed from the project site within 24 hours of completion of the project; iii. Construction debris and sediment shall be removed from construction areas each day that construction occurs to prevent the accumulation of sediment and other debris which may be discharged into coastal waters; iv. Erosion control/sedimentation Best Management Practices (BMP's) shall be used to control dust and sedimentation impacts to coastal waters during construction. BMP's shall include, but are not limited to: placement of sand bags around drainage inlets to prevent runoff/sediment transport into coastal waters; and v. All construction materials, excluding lumber, shall be covered and enclosed on all sides, and as far away from a storm drain inlet and receiving waters as possible. 15-18 Page 9 May 27, 2016 Permit Application No.: 5-15-1459 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) B. Best Management Practices (BMP's) designed to prevent spillage and/or runoff of construction -related materials, sediment, or contaminants associated with construction activity shall be implemented prior to the on -set of such activity. Selected BMP's shall be maintained in a functional condition throughout the duration of the project. Such measures shall be used during construction: i. The permittee shall ensure the proper handling, storage, and application of petroleum products and other construction materials. These shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. It shall be located as far away from the receiving waters and storm drain inlets as possible; ii. The permittee shall develop and implement spill prevention and control measures; iii. The permittee shall maintain and wash equipment and machinery in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. Washout from concrete trucks shall be disposed of at a location not subject to runoff and more than 50 feet away from a stormdrain, open ditch or surface water; and iv. The permittee shall provide adequate disposal facilities for solid waste, including excess concrete, produced during construction. 13. Location of Debris Disposal Site. The permittee shall dispose of all demolition and construction debris resulting from the proposed project at an appropriate location. If the disposal site is located within the Coastal Zone, a Coastal Development Permit or an amendment to this permit shall be required before disposal can take place. 14. Storm Water Pollution Prevention Plan. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit for the review and approval of the Executive Director, two (2) sets of a Storm Water Pollution Prevention Plan (SWPPP) prepared and signed by licensed engineer that, at a minimum, meets the following: A. The Stone Water Pollution Prevention Plan must show that permittee is properly prepared to apply site design, source control and treatment control BMP's, appropriate for the potential stormwater pollutants at this site, in order to protect coastal waters from polluted runoff generated by construction activities to the maximum extent practicable. B. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this Coastal Development Permit unless the Executive Director determines that no amendment is legally required. 15. Final Water Quality Management Plan. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit for the review and approval of the 15-19 Page 10 May 27, 2016 Permit Application No.: 5-15-1459 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Executive Director, two (2) sets of a Final Water Quality Management Plan (WQMP) for the post -construction project site, prepared and signed by a licensed water quality professional, and shall include plans, descriptions, and supporting calculations. The WQMP shall incorporate structural and non-structural Best Management Practices (BMP's) designed to reduce, to the maximum extent practicable, the volume, velocity and pollutant load of stormwater and dry weather flows leaving the developed site. In addition to the specifications above, the plan shall be in substantial conformance with the following requirements: A. Appropriate structural and non-structural BMP's (site design, source control and treatment control) shall be designed and implemented to minimize water quality impacts to surrounding coastal waters; B. Impervious surfaces, especially directly connected impervious areas, shall be minimized, and alternative types of pervious pavement shall be used where feasible; C. Irrigation and the use of fertilizers and other landscaping chemicals shall be minimized; D. Trash, recycling and other waste containers, as necessary, shall be provided. All waste containers anywhere within the development shall be covered, watertight, and designed to resist scavenging animals; E. All runoff from the vehicle wash station shall be collected through the proposed wash rack and sand/oil separator and discharged only through the sewer system; F. Runoff from all roofs, walkways, driveway and parking areas shall be collected and directed through a system of structural BMP's including vegetated areas and/or gravel filter strips or other vegetated or media filter devices. The system of BMP's shall be designed to 1) trap sediment, particulates, and other solids and 2) remove or mitigate contaminants (including trash, debris and vehicular fluids) through infiltration, filtration and/or biological uptake. The drainage system shall also be designed to convey and discharge runoff from the developed site in a non-erosive manner; G. Post -construction structural BMP's (or suites of BMP's) shall be designed to treat, infiltrate or filter the amount of stormwater runoff produced by all storms up to and including the 85th percentile, 24-hour storm event for volume -based BMP's, and/or the 85th percentile, 1 -hour storm event, with an appropriate safety factor (i.e., 2 or greater), for flow -based BMP's; (8) All BMP's shall be operated, monitored, and maintained for the life of the project and at a minimum, all structural BMP's shall be inspected, cleaned -out, and where necessary, repaired at the following minimum frequencies: (1) prior to October 15th each year; (2) during each month between October 15th and April 15th of each year and, (3) at least twice during the dry season; H. Debris and other water pollutants removed from structural BMP's during clean-out shall be contained and disposed of in a proper manner; and (10) It is the permittee's responsibility to maintain the drainage system and the associated structures and BMP's according to manufacturer's specifications. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this Coastal Development Permit unless the Executive Director determines that no amendment is legally required. 15-20 Page 11 May 27, 2016 Permit Application No.: 5-15-1459 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) 16. Marina Best Management Practices Program. By acceptance of this permit, the permittee agrees 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. a • In -the -water hull scraping or any process that occurs under water that results in the q removal of paint from boat hulls is prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate -free and biodegradable shall be used, and only minimal amounts shall be used. • The applicants shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum i� 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 shall be disposed of in a proper manner and shall 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; • If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump -out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids; and • Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning r. since they may be discharged to surface waters by the bilge pumps. 17. Landscaping: Drought Tolerant, Non -Invasive Plants. By acceptance of this permit, the permittee agrees, on behalf of itself and all successors and assigns, that vegetated landscaped areas shall only consist of native plants or non-native drought tolerant plants, which are non- invasive. Species native to coastal Orange County and appropriate to the habitat type are encouraged. Native plants shall be from local stock wherever possible. No plant species listed as problematic and/or invasive by the California Native Plant Society (http://www.CNPS.org/), the 15-21 Page 12 May 27, 2016 Permit Application No.: 5-15-1459 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) California Invasive Plant Council (formerly the California Exotic Pest Plant Council) (http://www.cal-ipc.org/), or as may be identified from time to time by the State of California shall be employed or allowed to naturalize or persist on the site. No plant species listed as a "noxious weed" by the State of California or the U.S. Federal Government shall be utilized within the property. All plants shall be low -water -use plants as identified by California Department of Water Resources (http://www.water.ca.gov/wateruseefficienc.y/docs/wucols00.pdf). If using potable water for irrigation, the project shall use water -conserving emitters (e.g. microspray) and drip irrigation. Use of weather -based irrigation controllers and reclaimed water for irrigation is encouraged. 18. Resource Agencies. The permittee shall comply with all requirements, requests and mitigation measures from the California Department of Fish and Wildlife, the Regional Water Quality Control Board, the U.S. Army Corps of Engineers, and the U.S. Fish and Wildlife Service with respect to preservation and protection of water quality and marine environment. Any change in the approved project that may be required by the above -stated agencies shall be submitted to the Executive Director in order to determine whether the proposed change shall require a permit amendment pursuant to the requirements of the Coastal Act and the California Code of Regulations. 19. Application Fee. The Executive Director shall waive the application fee for Coastal Development Permit Application 5-15-1459 and accept the $32,880 submitted with Coastal Development Permit Application No. 5-14-1671 as sufficient to process the application. Consistent with the requirements of Coastal Act Section 13055(h)(3), the applicant shall submit proof of certification at a minimum of LEED Gold or equivalent within three years of the date Coastal Development Permit 5-15-1459 is issued, upon which time the Commission shall release the letter of credit in the amount of $13,152, submitted September 26, 2014. If the applicant does not receive a minimum of LEED Gold or equivalent within three years of the date Coastal Development Permit 5-15-1459 is issued, the Commission shall cash the letter of credit or accept cash payment of equivalent value. The Executive Director may grant a one-year extension of the three year deadline for good cause. 20. Deed Restriction. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, for the review and approval of the Executive Director, documentation demonstrating that the permittee has executed and recorded against the parcel(s) owned by the permittee that are governed by this permit a deed restriction, in a form and content acceptable to the Executive Director: (1) indicating that, pursuant to this permit, the California Coastal Commission has authorized development on the subject property, subject to terms and conditions that restrict the use and enjoyment of that property; and (2) imposing the special conditions of this permit as covenants, conditions and restrictions on the use and enjoyment of the Property. The deed restriction shall include a legal description of the entire parcel or parcels governed by this permit. The deed restriction shall also indicate that, in the event of an extinguishment or termination of the deed restriction for any reason, the terms and conditions of this permit shall continue to restrict the use and enjoyment of the subject property so long as either this permit or 15-22 Page 13 May 27, 2016 Permit Application No.: 5-15-1459 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) the development it authorizes, or any part, modification, or amendment thereof, remains in existence on or with respect to the subject property. 21. Agreement of Non -Discrimination. By acceptance of Coastal Development Permit 5-15-1459 and recording of the deed restriction provided in Special Condition 20, Newport Harbor Yacht Club agrees that it will not discriminate in its membership admissions or attendance on the basis of sex, color, race, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. NOTE: IF THE SPECIAL CONDITIONS REQUIRE THAT DOCUMENT(S) BE RECORDED WITH THE COUNTY RECORDER, YOU WILL RECEIVE THE LEGAL FORMS TO COMPLETE (WITH INSTRUCTIONS). IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE DISTRICT OFFICE. 15-23 REAL PROPERTY IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: LOT ONE HUNDRED SIXTY --NINE (169) OF THE SUBDIVISION OF BLOCK A OF EAST NEWPORT AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 51 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: A PORTION OF LOT ONE HUNDRED SEVENTY (170) OF THE SUBDIVISION OF BLOCK A, EAST NEWPORT, AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 51 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT, 50.06 FEET TO A POINT; THENCE NORTHERLY PARALLEL TO THE EASTERLY LINE OF SAID LOT, TO THE NORTHERLY LINE OF SAID LOT; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT, TO THE NORTHEASTERLY CORNER THEREOF; THENCE SOUTHERLY 31.38 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL 3: LOT FIVE (5) AND LOT SIX (6) OF TRACT NO. 710, AS SHOWN ON A MAP FILED IN BOOK 24, PAGE 16 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4: BEGINNING AT THE NORTHEAST CORNER OF LOT FIVE (5) OF TRACT 710, AS SHOWN ON A MAP FILED IN BOOK 24, PAGE 16 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID TRACT 710 AND THE NORTHERLY LINE OF THE SUBDIVISION OF BLOCK A, EAST NEWPORT, AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 51 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY, TO ITS INTERSECTION WITH A LINE DRAWN PARALLEL TO AND 50.06 FEET (MEASURED AT RIGHT ANGLES) WESTERLY OF THE EASTERLY LINE OF LOT ONE HUNDRED SEVENTY (170), SAID SUBDIVISION OF BLOCK A; THENCE NORTHERLY ALONG SAID PARALLEL LINE TO ITS INTERSECTION WITH THE LINE OF ORDINARY HIGH TIDE OF THE PACIFIC OCEAN IN NEWPORT BAY AS DESCRIBED IN THE DECREE RENDERED BY THE SUPERIOR COURT OF ORANGE COUNTY IN AN ACTION ENTITLED "CITY OF NEWPORT BEACH vs. NEWPORT HARBOR YACHT CLUB AND OTHERS', A CERTIFIED COPY OF WHICH WAS RECORDED SEPTEMBER 19TH, 1928 IN BOOK 203, PAGE 95 OF OFFICIAL RECORDS; THENCE EASTERLY ALONG SAID ORDINARY HIGH TIDE LINE OF ITS INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT FIVE (5); THENCE SOUTHERLY TO THE POINT OF BEGINNING. PARCEL 5: A PORTION OF LOT ONE HUNDRED SEVENTY (170) OF THE SUBDIVISION OF BLOCK A, EAST NEWPORT, AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 51 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY CORNER OF LOT ONE HUNDRED SEVENTY (170) OF SUBDIVISION OF BLOCK A OF EAST NEWPORT AS SHOWN ON A MAP FILED 1N BOOK 4, PAGE 51 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNT(; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT, 120 FEET, MORE OR LESS, TO A POINT 50.06 FEET VA rss EN& EXHIBIT "A" OCIATES LEGAL DESCRIPTION FOR NEWPORT HARBOR YACHT CLUB CIVIL ENGINEERS - LAND SURVEYORS -PLANNERS SUBJECT PARCEL 2552 WHITE ROAD, SUITE B •IRVINE, CA 92614-6236 W.O. No. 1244-543-005 Date 05/06/2016 (949} 660.0110 FAX: 660-0418 Engr. B.J.W. CWd. J.W. Sheet 1 of 3 15-24 NORTHWESTERLY FROM THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE NORTHERLY PARALLEL TO THE EASTERLY LINE OF SAID LOT, TO THE NORTHERLY LINE OF SAID LOT; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT TO THE POINT OF BEGINNING. PARCEL 6: THAT CERTAIN PARCEL OF LAND IN SECTION THIRTY—FOUR, TOWNSHIP SIX SOUTH, RANGE TEN WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY CORNER OF LOT ONE HUNDRED SEVENTY (170) OF THE SUBDIVISION OF BLOCK "A" OF EAST NEWPORT, AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 51 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTHERLY ALONG A LINE PARALLEL TO THE EASTERLY LINE OF SAID LOT TO ITS INTERSECTION WITH THE LINE OF ORDINARY HIGH TIDE OF THE PACIFIC OCEAN IN NEWPORT BAY AS DESCRIBED IN THE DECREE RENDERED BY THE SUPERIOR COURT OF ORANGE COUNTY IN AN ACTION ENTITLED "CITY OF NEWPORT BEACH vs. NEWPORT HARBOR YACHT CLUB AND OTHERS", A CERTIFIED COPY OF WHICH WAS RECORDED SEPTEMBER 19TH, 1928 IN BOOK 203, PAGE 95 OF OFFICIAL RECORDS; THENCE EASTERLY ALONG SAID TIDE LINE TO ITS INTERSECTION WITH A LINE PARALLEL TO THE EASTERLY LINE OF SAID LOT, AND ITS NORTHERLY PROLONGATION, SAID LAST MENTIONED PARALLEL LINE DRAWN THROUGH A POINT IN THE SOUTHERLY LINE OF SAID LOT, 50.06 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID LOT; THENCE SOUTHERLY ALONG SAID LAST MENTIONED PARALLEL LINE TO ITS INTERSECTION WITH THE NORTHERLY UNE OF SAID LOT; THENCE WESTERLY ALONG SAID NORTHERLY LINE OF SAID LOT TO THE POINT OF BEGINNING. PARCEL 7: LOTS TWO, THREE AND FOUR OF TRACT 710, AS SHOWN ON A MAP FILED IN BOOK 24, PAGE 16 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 8: BEGINNING AT THE NORTHWEST CORNER OF LOT FOUR OF TRACT 710, AS SHOWN ON A MAP FILED IN BOOK 24, PAGE 16 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER OF SID COUNTY; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID TRACT 710 AND THE NORTHERLY LINE OF THE SUBDIVISION OF BLOCK A, EAST NEWPORT, AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 51 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTHERLY ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT FOUR TO AN INTERSECTION WITH THE LINE OF ORDINARY HIGH TIDE OF THE PACIFIC OCEAN IN NEWPORT BAY AS DESCRIBED IN THE DECREE RENDERED BY THE SUPERIOR COURT OF ORANGE COUNTY IN AN ACTION ENTITLED "CITY OF NEWPORT BEACH vs. NEWPORT HARBOR YACHT CLUB ET AL.,", A CERTIFIED COPY OF WHICH WAS RECORDED SEPTEMBER 19TH, 1928 IN BOOK 203, PAGE 95 OF OFFICIAL RECORDS; THENCE EASTERLY ALONG SAID LINE OF ORDINARY HIGH TIDE TO ITS INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE TO THE EASTERLY LINE OF LOT TWO OF SAID TRACT 710; THENCE SOUTHERLY ALONG SAID PROLONGATION TO THE NORTHEAST CORNER OF SAID LOT TWO AND THENCE NORTHWESTERLY ALONG THE NORTHERLY LINE OF SAID TRACT 710 TO THE POINT OF BEGINNING. PARCEL 9: LOT 37 OF TRACT NO. 884, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 30, PAGES 11 AND 12, MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY. wss EN & EXHIIBIT "A" OCIATES LEGAL DESCRIPTION FOR NEWPORT HARBOR YACHT CLUB CIVIL ENGINEERS - LAND SURVEYORS -PLANNERS SUBJECT PARCEL 2552 WHITE ROAD, SUITE B •IRVINE, CA 92614-6236 W.O. No. 1244-543-005 Date 05/06/2016 (949) 660-0110 FAX: 660-0418 Engr. B.J.W. Chk'd. J.W. Sheet 2 of 3 15-25 I CONTAINS: 79,541 SQ. FT. — 1.826 ACRES AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY ME OR UNDER MY DIRECTION, d A. WALDEN, P.L.S. 7914 DATE VWDEN & EXHIBIT "A" SOCIATES LEGAL DESCRIPTION FOR NEWPORT HARBOR YACHT CLUB CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS SUBJECT PARCEL 2552 WHITE ROAD, SUITE B *IRVINE, CA 42614-6236 W.O. No. 1244-543-005 Date 05/06/2016 (949) 660-0110 FAX: 660-0418 En . B.J.W. Chk'd. J.W. Sheet 3 of 3 15-26 a NEWPORT BAY L1 L6 PARCEL 4 PARCEL 8 PARCEL 6 w mG u' - PARCEL 2 PARCEL 3- PARCEL 7 to 415, PARCEL 1 ITRACT17101 M!M• 241 PARCEL 5 M 495.06' 1 N 78°36'W W — --- -.1 c1 C2 - __ BA AVENUE ul z m a rn SCALE:1 =100' LINE TABLE LINE BEARING DISTANCE L1 N 72°29'50" W 28.93' L2 N 11°24'00" E 176.99' L3 N 13'37'46" E 174.74' L4 N 11"24'00" E 122.72' L5 N 11024'00" E 175.65' L6 I N 72029'50A W 20.11' CURVE TABLE CURVE DELTA RADIUS LENGTH Cl 08°15'11" 250.00' 36.01' C2 04°35'19" 250.00' 20.02' NOTE: THE BEARINGS SHOWN HEREON ARE BASED UPON THE NORTHERLY LINE OF TRACT NO. 884, M.M. 30/11-12, BEING NORTH 72029'50" WEST. VOCEN & EXHIBIT "B" OCIATES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR NEWPORT HARBOR YACHT CLUB CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS SUBJECT PARCEL 2552 WHITE ROAD, SUITE B *IRVINE, CA 92614-6236 W.O. No. 1244-543-005 Date 05/06/2016 (949) 660-0110 FAX: 660-0418 Engr. B.J.W. Chk'd. J.W. Sheet 1 of 1 15-27 BEING IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 37 OF TRACT NO. 884, AS SHOWN ON THE MAP FILED IN BOOK 30, PAGES 11 AND 12, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 1730'10" EAST 0.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 72029'50" EAST 50.31 FEET; THENCE NORTH 17°30'10" EAST 0.35 FEET; THENCE SOUTH 72029'50" EAST 93.69 FEET; THENCE SOUTH 17°30'10" WEST 0.35 FEET; THENCE SOUTH 72029'50" EAST 198.28 FEET; THENCE SOUTH 12°01'20" WEST 73.92 FEET TO THE POINT OF TERMINATION. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY ME OR UNDER MY DIRECTION. A. WALDEN, P.L.S. 7914 DATE V%DEN & EXHIBIT "A" SSOCIATES LEGAL DESCRIPTION FOR NEWPORT HARBOR YACHT CLUB CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS EXISTING BULKHEAD CAP LOCATION 2952 WHITE ROAD, SUITE B *IRVINE, CA 92614-6236 W.O. No. 1244-543-005 Date 05/06/2016 (949) 660-0110 FAX: 660-0418 Engr. B.J.W. Chk'd. J.W. Sheet 1 of 1 15-28 POINT OF NEWPORT BAY COMMENCEMENT SHEET 2 LOCATION OF SUBJECT EXISTING BULKHEAD I .III -_^ 37 SHEET 3 F- ��PC 36 °i I PARCEL 4 w 'I PARCEL 8 J PARCEL 6 I la PARCEL 2 PARCEL 3 I PARCEL 7} 0. 1RACT M -M• 24 1 1 N i PARCEL 5 145'PARCEL 1 710 ABAVEt4UE f ii cn m m T*Z SCALE:1"=100' NOTES: BASIS OF BEARINGS: THE BEARINGS SHOWN HEREON ARE BASED UPON THE NORTHERLY LINE OF TRACT NO. 884, M.M. 30/11-12, BEING NORTH 72029'50" WEST. BENCHMARK: IE -66-68 ELEVATION 5.283 NGVD29 DATUM 0.8 MILE NORTHWEST ALONG BALBOA BLVD. FROM THE POST OFFICE TO ITS INTERSECTION WITH 10th STREET; 22 FT. NORTHEAST OF THE CENTERLINE OF BALBOA BLVD.; 26 FT. SOUTHEAST OF THE CENTERLINE OF 10th STREET; ABOUT 0.8 FT. HIGHER THAN THE BOULEVARD. V%DEN & EXHIBIT "B" SSOCIATES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR NEWPORT HARBOR YACHT CLUB CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS EXISTING BULKHEAD CAP LOCATION 2552 WHITE ROAD. SUITE 8 -IRVINE, CA 92614-6236 W.O. No. 1244-543-005 Date 05/06/2016 (9191660-0110 FAX: 660-0418 Engr. B.J.W. ChWd. J.W. Sheet 1 of 4 15-29 TRUE POINT —OF BEGINNING NEWPORT BAY JO _�' [PROPERTY LINE ro o EXISTING BULKHEAD CAP /V �n 4 N 72029'50" W 50.31' in PARCEL 9 ALLEY \--POINT OF COMMENCEMENT i 36 ,vpS 31 884 TRACE Np • 30/11 M M N72°29'50 W b SQ PROPERTY LINE NEWPORT BAY cq EXISTING BULKHEAD CAP —\ 0 0 0 N LINE TABLE u� Lu DISTANCE L7 N 17°30' 10" E 4 L8 m 0.35' Lu L!I Q PROPERTY LINE NEWPORT BAY cq EXISTING BULKHEAD CAP —\ 0 0 0 N LINE TABLE LINE BEARING DISTANCE L7 N 17°30' 10" E 0.50' L8 N 17030'10" E 0.35' Z� PROPERTY LINE OC N 72029'50" W Lu') _ Oq 0 93.69' in o � o � N 0 J w PARCEL 6 m w w 1� SCALE: 1"=10' Z N 72029'50" W 93.69' PARCEL 6 w w co w w SCALE: 1" =10' kSDEN & EXHIBIT "B" SOCIATES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR NEWPORT HARBOR YACHT CLUB CIVIL ENGINEERS - LAND SURVEYORS- PLANNERS EXISTING BULKHEAD CAP LOCATION 2552 WHITE ROAD, SUITE B -IRVINE, CA 92614-6236 W.O. No, 1244-543-005 Date 05/06/2016 (949) 660-0110 FAX: 660-0418 Engr. B.J.W. Chk'd. J.W. Sheet 2 of 4 15-30 N 72029'50" W o 93.69' o N }- O w o w N 0 Iw w NEWPORT BAY PROPERTY LINE EXISTING BULKHEAD CAP C5 '` N 72°29'50" W 198.28' In cn PARCEL 6 NEWPORT BAY EXISTING BULKHEAD CAP N 72°29'50" W w O m Q Lu w IJ) LINE TABLE LINE BEARING DISTANCE L7 N 17030'1 Y' E 0.50' L8 N 17°30' 10" E 0.35' PARCEL 4 PARCEL 4 PROPERTY LINE 198.28' yc 7 O J Lu m w w SCALE:1"=10' tO 1 z 4 11 c J it 1 W I SCALE:1" =10' 1 SEE SHEET 4 wss EN & EXHIBIT "B" OCIATES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR NEWPORT HARBOR YACHT CLUB CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS EXISTING BULKHEAD CAP LOCATION 2552 WHITE ROAD, SUITE B -IRVINE, CA 92614-6236 W .O. No. 1244-543-005 Date 05/06/2016 (949) 660-0110 FAX: 660-0418 Engr. B.J.W. Chk'd. J.W. Sheet 3 of 4 15-31 —EXISITING BULKHEAD CAP NEWPORT BAY, N 72°29'50" W 19B.28' Q '` ! - Lr) L W LI1 W PARCEL 4 CLUBHOUSE CLUBHOUSE 1.65'-2.00' I I BULKHEAD CONCRETE CAP —0.40' NEWPORT BAY 0.40' - BULKHEAD EXISTING BULKHEAD DETAIL NO SCALE ROPERTY LINE 1.65' 1.65, 1.65' BEACH 1� SCALE: 1"=10' DEN & EXHIBIT "B" SOCIATES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR NEWPORT HARBOR YACHT CLUB CIVILENGINEERS- LANDSURVEYORS- PLANNERS EXISTING BULKHEAD CAP LOCATION 2552 WHITE ROAD, SUITE B -IRVINE. CA 92614-6236 W,O. No. 1244-543-005 Date 05/06/2016 (949) 660-0110 FAX 660-0418 Engr. B.J.W. Chk'd. J.W. Sheet 4 of 4 15-32