HomeMy WebLinkAboutC-8280-1 - MOU to Provide Public Access Improvements to Newport HarborMEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NEWPORT BEACH AND
THE CALIFORNIA COASTAL COMMISSION
TO PROVIDE PUBLIC ACCESS IMPROVEMENTS TO NEWPORT HARBOR
P This Memorandum of Understanding ("MOU") is entered into on
20* ("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 001100 ($350,000.00) ("Funds') to the City as mitigation for impacts to
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
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 writin� and conclusively shall be deemed served when delivered
personally, or on the third (3`) 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
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
200 Oceangate, 10th 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. No 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 Page 4
4.7 Amendments. This MOU may be modified or amended only by a written
document executed by both 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 MOU 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
MOU shall be adjudicated in a court of competent jurisdiction in the County of Orange,
State of California.
4.10 No Attorneys' Fees. In the event of any dispute or legal action arising
under this MOU, 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
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: II /
By:
Aaron C.`Harp UM
City Attorney
ATTEST:
Date:
By: OCl/YVV ` Ivll'
Leilani I. Brown
City C1'^11.
CITY OF NEWPORT BEACH, a
California municipal corporation and
charter city
Date: 1Z1 vl t..
By: l�
Dav€kiff
City Manager
CALIFORNIA COASTAL
COMMISSION, a California public
resources agency
Date: / / 3 /;?o/ 7
By Z
,,John Ainsworth
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
EXHIBIT A
NOTICE OF INTENT TO ISSUE PERMIT NO. 5-15-1459
California Coastal Commission MOU Page A-1
STAY OF CALIFORNIA- NATURAL RESOURCES AGBNCY EDMUND G. BROWN. JR., GOFSBMIR
CALIFORNIA COASTAL COMMISSION
SO=COAST DISTRICP OFFICE
2WOCEANGATE, IOTHPLOOR
LDHGBEACH,CALIFORNIA908 416
0
PH (562) 590.5071 FAX (561)590.5084
'TAL
•— or,'/
WWy. G. CASRY
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Page 1
May 27, 2016
Permit Application No.: 5-15-1459
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
3 SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE STEPS
MSSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL DEVELOPMENT PERMIT
DP"). A Coastal Development Permit for the development described below has been approved
is not yet effective. Development on the site cannot commence until the CDP is effective. In
;r for the CDP to be effective, Commission staff must issue the CDP to the applicant, and the
licant must sign and return the CDP. Commission staff cannot issue the CDP until the
licant has fulfilled each of the "prior to issuance" Special Conditions. A list of all the Special
Iditions for this permit is attached.
Commission's approval of the CDP is valid for two years from the date of approval. To prevent
iration of the CDP, you must fulfill the "prior to issuance" Special Conditions, obtain and sign
CDP, and commence development within two years of the approval date specified below. You
/ apply for an extension of the permit pursuant to the Commission's regulations at Cal. Code
;s. 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)
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-W'*V-
Zach Rehm
Coastal Program Analyst
ACKNOWLEDGMENT
The undersigned permittee acknowledges receipt of this Notice and fully understands its contents,
including all conditions imposed.
(JERIPdte'( fa1�R�1t `fAcFtT G" Pi
WE
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
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 (Zostera 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.
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
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 8t6 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`s 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 8a' 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 8s` Street end
adjacent to Bay Avenue. The signs shall be located such that they are visible from the comer
of Bay Avenue and the 8th 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 (seawall/bulkhead) 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
Vand graphic depiction of the entire subject parcel and a formal legal description and graphic
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
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
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/habitaLtypes/ seagrass_
info/califomia_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
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 Taxifoha 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
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 (562-9804043), 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.
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 he 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 Storm 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
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/oiI 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.
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-bome 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.
• In -the -water hull scraping or any process that occurs under water that results in the
4 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
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
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,oro, the
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/wateruseefficiency/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
Page 13
May 27, 2015
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.
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 IN BOOK 4, PAGE 51 OF
MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY; THENCE EASTERLY
ALONG THE SOUTHERLY LINE OF SAID LOT, 120 FEET, MORE OR LESS, TO A POINT 50.06 FEET
ALDEN & EXHIBIT „A„
SOC
SSOCIATES LEGAL DESCRIPTION
FOR NEWPORT HARBOR YACHT CLUB
Civil. ENGINEERS - LAND SURVEYORS -PLANNERS SUBJECT PARCEL
2552 WHITE ROAD, SUITE E•1RVINE,CA92614-6236 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
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 LINE 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 14ARBOR 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.
A%XIALDEN & EXHIBIT „A„
SSOCIATES 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: 66M41 Ems, B,J.W, Chka. J.W. Sheet 2 of 3
CONTAINS: 79,541 SO. FT. — 1.826 ACRES
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED
—BYY ME OR UNDER MY DIRECTION,
dEff4EY A. WALDEN, P.L.S. 7914
.4/SIA
DATE
`'
I `EDEN & EXHIBIT
SSOCIATES LEGAL DESCRIPTION
FOR NEWPORT HARBOR YACHT CLUB
CIVIL ENGINEERS -LAND SURVEYORS -PLANNERS SUBJECT PARCEL
2552 WHITE ROAD, SUITE -IRVINE, CA 92614-6236 W.0. No. 1244-543-005 Date 05/06/2016
(949)660-0110 FAX: 660-0418 EnRr.B,J.W. Chk'd. J.W. Sheet 3 of 3
,wr-1
PARCEL6
11 PARCEL 5
Cl C2 -
m
NEWPORT BAY
PARCEL4
PARCEL2 PARCEL
A
VM'N q�PARCELI50
'0 495
75'36 —
SAAV_ENUE_�
LINE TABLE
LINE
BEARING
DISTANCE
L1
N 72°29'50" W
28.93'
L2
N 11°24'00" E
176.99'
L3
N 13°37'45' E
174.74'
L4
N 11°24'00" E
122.72'
L5
N 11024'00" E
175.65'
L6
N 72`29'ST W
20.11'
PARCEL8
PARCEL7
I�
m
1�
SCALE:1 ° =100'
CURVE TABLE
CURVE
I DELTA
I RADIUS
LENGTH
Cl
08°15'11"
1 250.00'
1 36.01'
C2
04°35'19
250.00'
1 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.
A%XIALDEN & EXHIBIT
IWFWSSOCIATES SKETCH TO ACCOMPANY A LE 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) 660-0I10 FAX: 660-0418 Engr. B.J.W. Chk'd. J.W. Sheet 1 of 1
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 1703010" 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
72°29'50° FAST 93.69 FEET; THENCE SOUTH 17030110° WEST 0.35 FEET; THENCE SOUTH 72029'50"
EAST 198.28 FEET; THENCE SOUTH 12601'20" 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
S 2S/G
DATE
WLDEN
& EXHIBIT "AI
SOCIATES 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 1 of 1
POINT OF NEWPORT BAY
COMMENCEMENT
SHEET 2 LOCATION OF SUBJECT EXISTING BULKHEAD
RPC 36 ° y
PARCEL 6
a I
PARCEL 5
MM
rn
a
SCALE:1"=100'
NOTES:
PARCEL 4
2 PARCEL
PARCEL 1
A pVENUIE
PARCEL 8
7
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 -68-68 ELEVATION 5.283 NGVD29 DATUM
0.8 MILE NORTHWEST ALONG BALBOA BLVD. FROM THE POST OFFICE TO ITS INTERSECTION
WITH OF THE 10th STREET,,
CENTERLINE 0STREET; BOF THE OUT 0.8 FT.
HIGHER THANLINE OF �TT TOA HE SOUTHEAST
BOULEVARD.
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SSOCIATES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION
FOR NEWPORT HARBOR YACHT CLUB
CIVIL E;JCiINEER5 -LAND SURVEYORS -PLANNERS
EXISTING BULKHEAD CAP LOCATION
2352 WHITE ROAD. SUITE B•1RVINF, CA 92614-6236 W.O. No. 1244-543-005 Date 05/06/2016
(9491660-0110 PAX: 660.0418 Engr. B.J.W. Chkd. J.W. Sheet 1 of 4
TRUE POINT
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LINE TABLE
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DISTANCE
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0.50'
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ALDEN & EXHIBIT "B"
ASSOCIATES 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. CWd. J.W. Sheet 2 f
N 72°29'50" W m
—93.59' o
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PARCEL 6
EXISTING BULKHEAD CAP
NEWPORT BAY
EXISTING BULKHEAD CAP
N 72°29'50" W
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DISTANCE
L7
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0.35'
PARCEL 4
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kALDEN & 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 8•IRVINE, CA 92614-6236 W.O. No, 1244-543-005 Date 05/06/2016
(949) 660-0110 FAX! 660.0419 Engr. B.J.W. Chk'd. J.W. Sheet 3 f 4
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1.65'
LINE
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LDEN & 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 B -IRVINE. CA 92614.6236 W.O. No. 1244-543-005 Date 05/06/2016
(M)660-0110 FAX: 660-0416 Engr. B.J.W, ChkA. J.W. Sheet 4 of 4