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CITY OF NEiN�'C?ftT BEACH,, CALIF.
77
NAME ADDRESS OF PROPOSED FACILITY—��RERMI #
NCER LANDING, LTD 3101 �" Coast Hwy N.B.
MAILING ADDRESS �fp}i NE FEE CN EC N r i � DATE
2171 Campus, Ste 100 Irvine `F 220 I p.
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d APPROVED BY. DATE.: 1APPLICATION I5 HEfiEBY MADE PORA, %HARBOR PERMIT TO
. OCHO : �._- CONSTRUCT/REVISEA — —
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AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF ;
}$i ENGR NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED ORAWING
j COUNCIL COMPANY
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PUBLIC WORKS DAT
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INSPECTION SIGNATURE- �e- w_____—.— __ _ _—_:
SPEC3AL CONDITIONS:
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CITY OF NEWPORT BEACH. CALIF. wz'-FORM 6e.lo;o
of Newport Beach
NEWPORT BOULEVARD
PORT BEACH, CALIFORNIA 92663-3884 STATEMENT
SCE DEPT. 7i4-6413-2236 OF
PLEASE RETURN WITH PAYMENT
ACCOUNT
City of Newport Beach
3300 NEWPORT BOULEVARD
STATEMENT
NEWPORT BEACH, CALIFORNIA 92663-3884
OF RETAIN FOR YOUR RECORDS
FINANCE DEPT. 714-640-2236
ACCOUNT
AMOUNT
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Please make check payable to, City of Newport Beaci�"
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Direct all correspondence; toi Finance Director, 'City'of`
IN'
Newport Beach, 330Q W. Newport;Blvd., Newport Beach,
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kJ`STATEMENT
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DATE
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NAME ADDRESS OF PROPOSED FACILITY PERMIT +r
LANCER LANSING, LTD 3101 W. Pacific oast 129`"
MAILING 4DDRE55 TELEf E NO. FEE CHECK NO.PATE
Newport Beach
4361 Birch St. 92660 i_'851 -Q6.11 lu' ;�; _1012 10I�CL3�
APPROVED 8Y4 DATE !APPLICATION IS HEREBY MADE FOR A HA F.BOP P E,RM 1T TO "
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i OCHD � �,— _ CON STRUC JREVISE
�AT THE ABOVE LOCATION IN ACCORDANCE WITH HE CITY OF I
ENGR 7� -- -`-- � NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING (:
COUNCIL
BY COMPANY
PUBLIC WORKS1 DATED—
DEPT. 3
1 ESCROW F -I I DATE
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�INSPECTION ❑—__.__._ ._ ��SIC,NkTURLANCER LANDING LTD.
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•.. The Orange County Register
Wednesday, July 19 -Thursday, July 20,1989 6GC
PT
� r
Buyers. hope to renew marimna 8 omega
AS^;
•. m m
3i \ P `�°: i 3" Z `h� i^ NW {�Y9xi°"rv�'�
�f ; 's \ E r Z' b�1+'��`'.h'L.b�i`L;
l Y Tia. kA`R�^'R .{''°,A'R°•viiT^i' 1fM4 �"'q`ei \ blxw.,drrviaa.w#. d
4`3.d ga4 L«i>•,.. Fy.k CZE �V \ a" a g.
7",
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611 become
r Club
By Rhoda F'ukushlma
v
P The Register
\,.
l
x NEWPORT BEACH — After 20
",.years at the gateway to Newport
each, the Newport Arches Mari -
is getting a new look.
IN
:na
Haseko (California) Inc. and
`
,
age Services West Inc. have
^!, ,pA, a �C
gc*r
e�
, .L%A t p,,".�. ak'w' 3 ''3ae .{�aew,�`
... k,�l�,
,";:became partners in a $5 million
i
_k
l e ' «
project to renovate the three -acre,
-�
" mplex on land leased from the
"
� coonty.
r ,
The project involves the marina��
' and the five -story, former Tokaa
p Ayf�
�b
� Bsank building to be knownathe
♦„�
$ aP,kSi"4ii L.A
:,Harbor Club Tower and Marina.
P...;. a like to do high-visibility.,;
r.
projects," said Te ! Tornek vice
president and director of develop -
evelop-ment
in entof Haseko (California), a Las
\
.;MIW
'Angeles -based division of Tokyo
ka � ,
L"based Haseko Corp,
Newport Arches, at the intersec- `
The Harbor Club Tower and Marina is the former Tokal Bank building.
tion of, Newport Boulevard and
-
West Coast Highway, fits that bill.
Current slip rates are $10 to $16
The marina name distinguishes it
per linear foot per month, depend -
from the nearby Arches estau-
ing on the size and location of the ,
rant, Newport Beach architect Bill
slip, said Robert Hulse, senior pro-
Ficker said.
ject manager at Haseko.
Illig .Construction Co. of Fuller-
'The marina will have a resort -
Newport
ton has gutted the 33, square-
�4f •
destination ncept," said Stevens,'
Arehos is undoran
t building, which have o£-
a"fa former president of the nearby
a5`mrilton renovate®n
-£iceson the top three floors, the
Balboa Bay Club.' "It will be just
oxpected to be tanisrod In Ite
gprivate Harbor Club on the second
like a hotel and (getting a slip) will
f 989'. Haseko {Cnc
level a restaurant and retail
depend on the availability."
and langljaes ervlces ilpst
tt,space on the ground floor.
VCtork on the building beg in
are pAItners.j a joint vepfute
ig has started work on the ex-,
February and should be finished in
to 156. nown as t lar dr:06.
terior. It will extend the front en-
late September. Plans for the ma-
Mtanna and.T'ower :
"trance, replace some brown glass
rina have been drawn the prok
....:;;
`with blue glass, add landscaping `
ect is expected to be completed by
Newport 1/2
d reorganize a space parking
the Newport Beach Boat Parade at
m� e
"lo
' P ten is included Prom •
Previous
`
Christmastime, said Eric Godfrey
Haseko's director of marketing
each
,;cises nightclub, Mastroi Fa -
d business development.
ily Enterprises Ltd. d Tokai
'
,
Thep ject s architecture and
sRenovation
Bank, which does not plantom
'a
pl mg is a joint venture between
�J
i
Y t branch there.
& Buffing of Newport
Kevin Maguire, senior sales con -
salt t at ldwell Banker Com -
Beach d Ekon enkr tz
c
mercial Real Estate Services ine
mages of San Francisco.-
mages
Ficker was the, g erl-
1Ve rt each; said the owners,,
s Cup skipper at Ne rt, in
1
who bought the propertyin J u-
,
1970.
lary,,have narrowed five offers to
Building renovation cost
oda
operate the, 7, square -fit res-
taurant to two. He said he expects
more than $2 million, with im- :
Island
,;the owners to make a decision in 30
p vements to the marina dand club
running about $1 million apiece.
Rft wprt
P ;days.
"a parties have expressed in
Haseko pays $16,055 per month
rent on a lease that s until June
atm
retail spaces, which
ro"P teres, in the r
30, 8, according to the county's
l�acill
total 5, square feet, Maguire
neral Services Agency real-es-
o.
said. Maguire said he expects that
tate division in Santa Ana.
decision .in 90 days.........
Newport Arches is Language
rhe Register
Language Services West of New®
of
rt Beam, a_y,
,
Services West's first project in Or-
for Japanese wanting to do busi-
was l i gforTokya
based company, was looking for
ge County but Haseko's second.
ness in the United States d for
marina property, made the
Haseko's other project consists of
Americans wishing to do business
with Haseko,` areal-
Hase
. Huntington Pier Colony, a condo-
in Japan.
"Our
estate development company, a
estate
iu complex, d Pierside Pa-
hope is that if someone has
g match, Tomsk said. The Com-
vilion, a retail center.
been away from Newport and
e the upgrade of
p y ll oversee
Haseko Corp. is a ajar condo-
° 'um
comes back, they'll ask, ere
„
the Harbor Club.
marina
the ' a
builder in Japan. The pub-
did that come from?, Ta ek
Thee private club for boaters will
licly traded company had revenues
said.
'
have annual dues of $ but no
of $3 billion in 1988.
For Stevens, the marina repre-
initiation fees. It 1 feature an
n age Services West, a Cali-
sents the opportunity to bring back
outdoor area, a bar, a dining area,
` fornia corporation, has offices in
some of the flavor of old Newport
banquet rooms, guest offices and a
Newport Beach. Its parent compa-
Beach.
communications center with fax
ny owns travel agencies, commer-
``In the last 15 years, Newport
machines and copiers. The base-
cialmarinas d tankers d is a
Beach, because of the , has
men, Well house a locker m, spa
major seller of gasoline in Japan.
lost a lit of its personality d
and workout area.
Language Services West spon-
fun," Stevens said. "Through this
Richard Stevens of el -Aar, Pres-
sors language programs at the
vehicle, I hope to recapture some
idemand managing director of the
University of California, Irvine,
of that.,,
Harbor Club and Marina, said Lan-
guage Services West plans to up-
grade . the marina's utilities, re-
build ; dock surfaces d install
lighting. About half of the marina's
70 slips will be guest slips.
Center Tower nanvdp
q
a top office project
6
The . Register
,
w ° The 21 -story Center Tower office
i building in South Coast plaza Town
Center has been chosen one of the
P six best office projects of its size in
k the United States and one of the
s eight best in the world at the 82nd
annual Building Owners & Manag-
ers Association convention in At-
lanta
u `The tallest office structure in Or-
ange County, the Center Tower,
competed for the title of "Best Of
five Building in the World" in the
100,000- to 500,000 -square -foot cate-
gory. That award was won by One
Brickell Square in Miami.
sn-96�9 z-u7l - -
14 A, -,n1-
OF
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w�'
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G�i�� ��
I
SEW
PO��
CITY OF NEWPORT BEACH
U = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
eK
cq�� Fo RN�r
August 10, 1989
Henry Penso
Lancer Landing Inc.
4361 Birch St.
Newport Beach, CA 92660
Dear Mr. Penso:
The Newport Beach City Council passed an ordinance last
year requiring all charter vessels to board and off load
passengers only at locations having a marine sanitation
waste pumpout station.
This letter is to notify your office that the loading or
unloading of passengers at your lcoation on W. Pacific
Coast Highway is not allowed by the above ordinance.
Please make this information known to your employees.
If you need assistance in the process required to have a
marine sanitation pump constructed at your site, you can
call the Marine Department at 644-3044. An applicant must
have the proposed location approved by the Marine Depart-
ment and must obtain a permit for plumbing from the
Building Department. After your plans are approved,
the Building Department issues the Work Permit.
Sincerely,
Wes Armand
Harbor Inspector
3300 Newport Boulevard, Newport Beach
1
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8
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AGREEMENT FOR THE OPERATION OF THE VESSEL "REGENTSEA"
Pursuant to our meeting on July 6, 1989, the City has
requested the operators of the "Regentsea" to propose regulations
for the operation of the vessel until it is able to be relocated
Ito the east end of the marina. Conditions were submitted by the l
operators of the vessel and the Towers Association, and after somel
ision from this office, are agreed upon as follows:
1. An application for a charter permit shall be
lied for at least five`'(5) days prior to the charter of the
ssel.
2. No shuttle passengers shall be loaded or unloaded
t 3101 West Coast Highway, or on any City street.
3. No servicing, loading or unloading of equipment
r supplies, boarding or disembarking of passengers shall occur
rior to 7:00 a.m. or after 9:00 p.m. within two hundred (200)
eet of the Tower residences.
4. ,The vessel's engines and motors shall not be
erated at the dock between the hours of 11:00 p.m. and 7:OO a.m.
o engine or motor on board the vessel shall be operated at the
lip for longer than fifteen (15) minutes at any time except for
mergency repairs and maintenance during the hours of 9:00 a.m.
8:00 p.m.
5. No sound amplification equipment shall be used
ile• at dock, or while the vessel is within one hundred (100)
eet of the Towers condominiums.
6. No horns, whistles, bells or other noise -making
evices shJll be used except as required by United States Coast
1
I Guard regulations for navigational purposes.
2 7. No spotlights shall be used for other than
3 navigational purposes.
4 8. A representative of the charter company shall be
5 designated on the application for permit, and shall be on board
6 the vessel at all times during the charter.
7 9. The vessel shall be operated in compliance with
8 all Municipal,•County, State and Federal statutes.
9 10. The air conditioning for the vessel shall not be
10 operated within one hundred (100) feet of the Towers between the
11 hours of 10:00 p.m. and 7:00 a.m.
12 11. The owner of the Regentsea agrees to remove the
13 vessel from the Lancer's Landing Marine by February 1, 1990, if
14 the reconfiguration of the docks is not completed by January 1,
15 1990.
16 12. Should the reconfiguration not-be completed by
17 anuary 1, 1990, Lancer's Landing agrees not to permit the docking
18 f any vessel in excess of sixty-five feet in length within two
19 tiundred (200) feet of the Tower's residences.
20 13. Should the vessel "Regentsea" be removed from its
21 urrent slip, Lancer Landing agrees not to permit a vessel used in
22 a charter capacity in excess of sixty-five (65) feet in length to
23 De docked within two hundred (200) feet of the Tower.
24 It should be noted that these conditions supplement
25 existing requirements of law. These conditions apply to all the
26 perations of the Regentsea as long as it is berthed at its
27 urrent location, whether or not it is operated in a commercial
28 lapacity.
2
1
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3
4
b
6
7
8.
9'
101
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14
16
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22
:41?
23
24
26
26
27
28
Upon t
this Agreemen,
the vessel o t
reement to IrelJ
rators fro. a
The unler
to 7/J1/89
to -t/1
to
bate
onfirmation of a viol tion of any condition o
he operators of the Rpgentsea agree to relocat
Df the marina within thirty (30) days. A
)cate the vessel wil not release the vesse
applicable penalties for violations of law.
gned agree to the teres of this Agreement.
Lan Ce ` 7 nC'.
i
LANCERS LAND NG REP1RZESENTATIVE
I
OWNER -OR- T E _REGENTSEA
i
I
VENTURES A, SEA RE RESEN'TATIVE
I
TOWERS ASSOC ATION REPRESENTATIVE
I
3
f
i
July 25, 1989
Ann Sabina, Towers Association
3121 Coast highway West
Newport Beach, CA 92663
re: Proposed Conditions for Operation of the Vessel Regency
Dear Ann,
Pursuant to our, meeting on July 6, 1989, the City has requested
the operators of the "Regency" to propose regulations for the
operation of the vessel until it is able to be relocated to the
east end of the marina. Conditions were submitted by the
operators, and after some enhancement from this office, are
submitted for your association's review as follows:
1. An application for a charter permit shall be applied for at
least five (5) days prior to the charter of the vessel.
2. No shuttle passengers shall be loaded or unloaded at 3101 West
Coast Highway, or on any City street.
3. No servicing, loading or unloading of equipment or supplies,
boarding or disembarking of passengers shall occur prior to 7:00
AM or after 8:30 PM.
4. The vessel's engines and motors shall not be operated at the
dock between the hours of 11:00 PM and 7:00 AM. No engine or
motor on board the vessel shall be operated at `he slip for
longer than fifteen (15) minutes at any time.
5. No sound amplification equipment shall be used whiff,- .It dock,
or while the vessel is within one hundred (100) feet of -he
Towers condominiums.
6. No horns, whistles, bells or other noise -making devices shall
be used except as required by United States Coast Guard
regulations for navigational purposes.
(continued)
7. No spot lights shall be used for other than navigational
purposes.
8. A representative of the charter company shall be designated
on the application for permit, and shall be on board the vessel
at all times during the charter.
9. The vessel shall be operated in compliance with all Municipal,
County, State and Federal statutes.
10. The owner of the Regency agrees to remove the vessel from the
Lancer's Landing marina by February 1, 1990 if the
reconfiguration of the docks is not completed by January 1, 1990.
11. Should the reconfiguration not be completed by January 1,
1990, Lancer's Landing agrees not to permit the docking of any
vessel in excess of sixty-five feet in length within 200 feet of
the Tower's residences.
It should be noted that these conditions supplement existing
requirements of law. These conditions apply to all the operations
of the Regency as long as it is berthed at its current location,
whether or not it is operated in a commercial capacity.
Upon the confirmation of a violation of any condition of this
agreement, the operators of the Regency agree to relocate the
vessel out of the marina within thirty (30) days. An agreement to
relocate the vessel will not release the vessel operators from
any applicable penalties for violations of law.
Please review these provisions of operation for the vessel with
your association, and let me know the reaction of your
membership.
Very truly yours,
Glen Everroad
License Supervisor
cc: Evelyn Hart
Marine Department
THE TOWERS OWNERS ASSOCIATION
3121 West Coast Highway
Newport Beach, California 92663` �M1+UX r�
July 24, 1989 f-} • f, J
City of Newport Beach
Business License Division
Post Office Box 1768
Newport Beach, CA 92658-8915
Attention: Glen Everroad, License Supervisor
Dear Glen:
The provisions embodied in your letter of July 17, 1989
will be acceptable to the Newport Towers Homeowners
Association upon the following conditions:
1. Item 4 shall be amended to provide that no engine
or motor on board the vessel, including the air condi-
tioning, shall be operated at the slip for longer
than fifteen (15) minutes.
2. Lancer's Landing shall commit themselves in writing
to the City of Newport Beach that they will change the
configuration of their docks so that no boat available
for charter can be docked closer than two hundred (200)
feet to the Towers, and that this reconfiguration must
be completed by January 1, 1990. Before any permit for
the reconfiguration is granted by the City, the Towers
shall have the opportunity to review the plans for same.
Very truly yours,
NEWPORT TOWERS HOMEOWNERS ASSOCIATION
By
5�LAnn bine, President
as
cc: Evelyn Hart
Marine Department
Q ��W PO
_° CITY OF NEWPORT BEACH
BUSINESS LICENSE DIVISION
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
c o� (714)644-3141
July 17, 1989
Ann Sabina, Towers Association
3121 Coast highway West
Newport Beach, CA 92663
re: Proposed Conditions for Operation of the Vessel Regency
Dear Ann,
Pursuant to our meeting on July 6, 1989, the City has requested
the operators of the "Regency" to propose regulations for the
operation of the vessel until it is able to be relocated to the
east end of the marina. Conditions were submitted by the
operators, and after some enhancement from this office, are
submitted for your association's review as follows:
1. An application for a charter permit shall be applied for at
least five (5) days prior to the charter of the vessel.
2. No shuttle passengers shall be loaded or unloaded at 3101 West
Coast Highway, or on any City street.
3. No servicing, loading or unloading of equipment or supplies,
boarding or disembarking of passengers shall occur prior to 7:00
AM or after 8:30 PM.
4. The vessel's engines and motors shall not be operated at the
dock between the hours of 11:00 PM and 7:00 AM. No engine or
motor on board the vessel shall be operated at the slip for
longer than twenty (20) minutes at any time.
5. No sound amplification equipment shall be used while at dock,
or while the vessel is within one hundred (100) feet of the
Towers condominiums.
6. No horns, whistles, bells or other noise -making devices shall
be used except as required by United States Coast Guard
regulations for navigational purposes.
(continued)
3300 Newport Boulevard, Newport Beach
7. No spot lights shall be used for other than navigational
purposes.
8. A representative of the charter company shall be designated
on the application for permit, and shall be on board the vessel
at all times during the charter.
9. The vessel shall be operated in compliance with all Municipal,
County, State and Federal statutes.
It should be noted that these conditions supplement existing
requirements of law. These conditions apply to all the operations
of the vessel as long as it is berthed at its current location,
whether or not it is operated in a commercial capacity.
Upon the confirmation of a violation of any condition of this
agreement, the operators of the Regency agree to relocate the
vessel out of the marina within., -thirty (30) days. An agreement to
relocate the vessel will not release the vessel operators from
any applicable penalties for violations of law.
Please review these provisions of operation for the vessel with
your association, and let me know the reaction of your
membership.
Very truly yours,
en Everroad
License Supervisor
cc: Evelyn Hart
Marine Department
A
Ur.
June 16, 1989
TO:
FROM:
SUBJECT:
CITY OF NEWPORT BEACH
Marine Department
GLEN EVERROAD, LICENSE SUPERVISOR
Marine Director
LANCER LANDING/MARINE CHARTER PERMIT
Section 5.18.040 ISSUANCE OF A PERMIT states in summary
that the License Supervisor shall investigate the
information contained in an application for a Marine
Charter Permit and the application shall be denied
if there is substantial evidence that the proposed
charter is likely to create noise which would
adversely affect the use or enjoyment of waters of
Newport Bay by members of the public and those who
own property on or near the waters of Newport Bay.
I believe the City should stop issuing marine charter
permits for Lancer Landing because of its near proximity
to the Towers apartment building. The Marine Department
in a staff report to the City Council dated November 24,
1986 wherein Lancer Landing had requested a revision to
their commerical docks to allow chartering recommended
that any vessel berthed in the revised slip be prohibited
from chartering from this location. This condition was
changed by the council to read "..during construction of
the underground parking facility no vessel berthed in
the revised slip shall be chartered from the location.
Subsequent to completion of said construction, chartering
may be permitted in accordance with City ordinance."
The Marine Department has had a great deal of correspondence
with both Lancer Landing and the Towers Homeowner's Assoc-
iation while Lancer Landing was being constructed. The
discussions were centered around the excessive noise that
was created by chartering activity and which was disturbing
the Newport Towers residents. We have received a petition
from 23 residents at Newport Towers adamantly opposing
chartering at that location.
The most recent complaint I received from Mr. Leonard Bedall,
spokesman for the Towers Association was on Monday, June 12.
He stated that there was a large charter boat in the slips
on Saturday and Sunday, June 10 and 11 and that one day the
vessel ran its generator and/or engines the entire day, causing
a major disturbance tothe Towers residents.
If you have questions please call me.
David Harshbarger, Marine Director
ezy��"D
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PART
CITY OF NEWPORT BEACH
� n
V = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
cqt� Foa�'�P
June 6, 1989
Adventures at Sea
2801 West Coast Highway, Ste 210
Newport Beach, CA 92663
Attn: Janet
Re: Charter Operations at Lancer Landing
Dear Janet:
For charter operations to originate out of Lancer Landing dock
location it will be necessary to do one of the following: (1)
make application for a Commercial Harbor Activities Permit as
outlined in Section 17.41 of the Newport Beach Municipal Code or
(2) make application for a Special Events Permit on a charter -by -
charter basis, as outlined under Section 5.18 of the Newport Beach
Municipal Code.
It would be difficult to respond to your question of whether or
not charter operations would be permitted from this site without
seeing the specifics of a particular charter operation, but based
on the past history of this site it is my impression that it would
be very difficult for a charter operation to originate here.
If you wish to proceed, the appropriate way would be to make
application under one of the above municipal code sections. If
the Marine Department felt it necessary to deny approval of the
application for a Commercial Harbor Activities
to theermit,cityCas provideil.lf
in the code, there is a process of app
eal application is made bythe
areclal groundstsforction of appeal tto thecode
and
there is denial,
Manager's office.
I hope this answers your questions. I can be reached at 644-3044
if further discussion is necessary.
Sincerely
TonyZe"lum
Tidelands Administrator
3300 Newport Boulevard, Newport Beach
307
CITY OF NEWPORT BEACH
Marine Department
May 19, 1989
TO: BUSINESS LICENSE DEPARTMENT/ FLEMING
FROM: Marine Department
SUBJECT: COMMERCIAL HARBOR PERMIT 128-3017/LANCER LANDING
Because of past problems with charter operations out of
Lancer Landing, the Marine Department had assured the
residents in the Towers Condominiums adjacent to the above
property, that we would not allow charters out of this
location without approval from the City Council at a
public hearing. I have informed the property owner of
this situation, and until they choose to make application
to the Council it would be our recommendation that no
Charter Permits be issued to allow boarding from this
location.
Please call me if you have questions.
Tony�um
Tidelands Administrator
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SUITE F 714 642 2206
STATE OF CALIFORNIA—THE RESOURCES AGENCY
Govemor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA k,
245 WEST BROADWAY, SUITE 380
LONG BEACH, CA 90802
(213) 590-5071
Date: March 311, 1988
TO: Trautwein Brothers Waterfront Const.
2410 Newport Boulevard
Newport Beach, CA 92663
SUBJECT: Waiver of Coastal Development Permit Requirement/De Minimis
Developments -Section 3062.4.7 of the Coastal Act
Based on your project plans and information provided in your permit
application for the development described below, the Executive Director of the
Coastal Commission hereby waives the requirement for a Coastal Development ,
Permit pursuant to Section 13238.1, Title 14, California Administrative Code.
If, at a later date, this information is found to be incorrect or the plans
revised, this decision will become invalid; and, any development occurring
must cease until a coastal development permit is obtained or any discrepancy
is resolved in writing.
WAIVER # 5-88-210 APPLICANT: Lancer Landing (Don Richardson)__
LOCATION: 3101 W. Coast Highway
NEWPORT BEACH
PROPOSED DEVELOPMENT: Addition of two boat slips and a ramp to existing
commercial docks. The project includes placement of two piles to support the
proposed slips and does not include any modification to the existing bulkhead.
RATIONALE: The project is a water dependant use, is compatible with
surrounding commercial and residential docks, thus is consistent with the
Coastal Act policies and the Commission's past actions.
This waiver will not become effective until reported to the Commission at their
April 12-15, 1988 , meeting and the site of the proposed
development has been appropriately noticed, pursuant to 13054(b) of the
Administrative Code. The enclosed Notice Card shall remain posted at the site
until the waiver has been validated and no less than seven days prior to the
Commission hearing. If four (4) Commissioners object to this waiver of permit
requirements, a coastal development permit will be required. .---Ii
by:
CHARLES DAMM
South Coast District Director ��Y E0'4!,��
cc: Commissioners/File
PG : nw to 3'
5448A oTY o"y;
SpOIRA
Lancer Landing, Ltd.
801 Civic Center Drive, Suite 300
Santa Ana, CA 92701
(714) 550-6380/6381
March 17, 1988
Mr. Tony Melum
Tidelands Administrator
City of Newport Beach
P.O. Box 1768
Newport Beach, CA. 92658-8915
Re: Lancer Landing Marina
Dear Mr. Melum:
,tJ
Per your request, I contacted the attorney for Mr. Jakosky about
the modification for the Marina. Besides discussing the matter
with his attorney, I sent a letter outlining the proposal. I am
informed that Mr. Jakosky is now living in Palm Desert (or Palm
Springs) and he has encountered some health problems. Mr. Jakosky's
attorney said that Mr. Jakosky did not want to get involved. Our
contract is with Occidental Land Company. I have written a letter
to Occidental outlining the work the same as I did with Mr. Jakosky's
attorney. I don't think we are going to get any response from the
trust, which is the fee land owner. However, we own all of the
improvements not the trust. If there is anything else we can do,
please let me know.
S nc rely,
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Donald Richardson
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Lancer Landing, Ltd.
801 Civic Center Drive, Suite 300
Santa Ana, CA 92701 7
(714) 550-6380/6381 G'0�
March 4, 1988
Finance Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663-3884
Gentlemen:
With respect to the attached statement it was
mailed on or about 2/5/88. Evidently it eventually
went to the Marine Dept. On 3/2/88 the statement
was forwarded to us and received on 3/3/88. We do
not think a late penalty should be assessed. Our
Marina is located at 3101 W. Pacific Coast Highway
not 3017 W. Coast Highway. Also our address for
mail ig 801 Civic Center Dr., Suite 300, Santa Ana,
CA 92701. We have instructed our bookkeeping
department to make payment.
It may be that you are attributing the wrong
Marina to us.
DR/kak
Enclosure
19
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Lancer Landing, Ltd.
801 Civic Center Drive, Suite 300
Santa Ana, CA 92701
(714) 550-6380/6381
March 18, 1988
Mr. Tony Melum
Tidelands Administrator
City of Newport Beach
P.O. Box 1768
Newport Beach, CA. 92658-8915
Re: Lancer Landing Marina
Dear Mr. Melum:
We have received your letter of March 14, 1988. I wish to advise
you that no charter boats have loaded patrons at our marina. The
Hornblower boats have not been in our marina for some time. The
"Avanti" has not had any charters loaded at our docks. The
"Avanti" loads its passengers at other locations. Our Dock
Master polices the docks and he advises me no charter parties
have been loaded. Approximately two weeks ago the owners of the
boat had a birthday party for one of their constituents and a
number of invitees attended. However, this was not a charter.
We are not aware of any illegal use of our docks. The slip
renters having a party is consistent with our rules so long as
they conduct themselves in an acceptable manner.
With respect to the loading of supplies and equipment on the
boats in our marina, we do consider this to be inappropriate. We
agreed not to load any charter parties at our marina until our
garage is operational and parking is available. We have complied
with this commitment. No other restrictions were agreed upon.
It is obvious that the complaints are misinformed and not privy
to the actual facts. We have spoken to the operators of the
"Avanti" and they assure us no charter parties have been loaded
at our marina.
rinceVrely
Don Richardson
DR: dm
/Zr"-169/1
aEW Pp�T -
k
CITY OF NEWPORT BEACH
U ? P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
e�
Fo RNP
March 14,19 8 8
Don. Richardson
Lancer Landing, Ltd.
801 Civic Center Drive
Suite 300
Santa Ana, CA 92701
Re: Marina bayward of Lancer Landing at 3101 West Pacific
Coast High way
Dear Mr. Richardson:
As I have indicated to you in the pas= the City of Newport
Beach continues to receive complaints regarding a commercial
charter operation out of the above dock, specifically by
the vessel "Avanti". The complaints are that the vessel
continues to run in that location, passengers are loaded
in that location, bands are loaded and rehearsed in that
location and supplies are loaded aboard the vessel from
that location.
Whether the property owner is either.allowing these commercial
operations to take place off the docks, or if he is in
ignorance of the fact that they are occurring there, a considerable
problem is.being created. Even though it is a time consuming
process, eventually the City will be able to stop the Avanti
from operating illegally from those docks. The long term
ramifications of this problem are that when the property is
finally built out.and the docks available, it will be very
difficult fora legitimate operator to work off those docks
in view of the problems that have occurred.
In addition to my letterofthis date, Glen Everroad of the
Business License. Department is attempting to contact the
owners of the vessel Avanti and indicate to them that they are
operating illegally out of that location. If necessary, we will
be asking the Orange County. Sheriff's Harbor. Department to cite
the vessel for..the appropriate violations under the Newport Beach
Municipal Code.
If you have questions yc.i may call me at 644-3044.
Tony, Melum _
Tidelands Administrator
3300 Newport Boulevard, Newport Beach _ -
Lancer Landing, Ltd.
801 Civic Center Drive, Suite 300
Santa Ana, CA 92701
(714) 550-6380/6381
l
January 27, 1988
Mr. Tony Melum
TIDELANDS ADMINISTRATOR
CITY OF NEWPORT BEACH
P.O.Box 1768
Newport Beach, California
92658-8915
RE: Your letter of January 20, 1988
Dear Mr. Melum:
I wish to advise you that we are not aware of any
commercial charter operations loading passengers at
the Lancer Landing Marina. All of the boats docked
at the Marina owned by the persons conducting any sort of
charter operations have been notified that no loading
of passengers shall be allowed or conducted at .this time.
Our Dock Master has policed the situation to ensure
compliance. The commercial charter boats have on occasion
loaded provisions at our docks but they have been
loading passengers at other dock facilities not owned
by us. During the holidays some of the boat owners had
guests and business associates aboard for cruises in the
harbor but none of these situations involved commercial
charters.
I have c6ntacted the two boats in our marina involved in
Commercial Charters and they both advise me that all of
their charters are handled from other dock facilities on
the Bay. At docks above and below our Marina there has
been charter loading. It may be that the complaints you
have received come.from.complainants who are confused
about who owns and operates the docks where the charters
are boarding.
I am uncertain about you reference to dock compliance,
but I assunethat it relates to adding additional pilings.
Hornblower Yachts has retained a marine engineering
consultant to determine the location and sizing of the
pilings to be installed so that we do not have to do the
job twice.
We have merely been waiting for Hornblower to complete the
arrangements and to commence the work. I was advised by the
Lancer Landing, Ltd.
801 Civic Center Drive, Suite 300
Santa Ana, CA 92701
(714) 550-6380/6381
page two
people at Hornblower that they had been discussing
the situation with you. I shall reach David Pohl
about your letter and report back by telephone.
Sincerely,
Donald Richardson
DR:sm
C
�EW Pp��
CITY OF NEWPORT BEACH
v P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
Fo Vol.a
January 20, 1988
Don Richardson
Lancer, Landing, Ltd.
801 Civic Center
Santa Ana, CA 92701
Re: Harbor Permit 128-3101 for the property bayward of 3101 West
Coast Highway
Dear Mr. Richardson:
On September 4, 1987 the Marine Department corresponded with you
regarding the fact that the docks bayward of your commercial
property bayward of 3101 West Coast Highway were not in compliance
with the City of Newport Teach Municipal Code.
;5
The facility is also not in compliance with condition Number 38 of
the Use Permit granted for the structure, which states:
"No commercial marina operated boat docking facility shall be
permitted bayward of this site unless the applicant shall obtain
the required Harbor Permit and provide the necessary upland
support facilities."
In addition to the above, the City has received numerous
complaints regarding commercial charter operations being conducted
illegally out of the site, this -in violation, again, of the City
of Newport Beach Municipal Code.
If we have not heard"from you within ten days we will refer this
matter to the City Attorney's office for follow up.
If you have questions in this regard please contact me at 644-
3044.
Sincerely,
Tonyu
Tidelands Administrator
3300 Newport Boulevard, Newport Beach
�EW Pp�T
CITY OF NEWPORT BEACH
U = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
C"I-/FoFN P
December 23, 1987
Lancer Landing Ltd.
2171 Campus Drive
Irvine, CA 92714
Re: Harbor Permit 128-3017 for the property at 3101 West Coast
Highway
Dear Sirs;
The City of Newport Beach continues to receive complaints
regarding commercial chartering activities out of your docks
bayward of the above address. As I am sure you are aware, the Use
Permit for the property, number 2066 provides, at Condition No. 38
that "No commercial marina operated boat docking facilities shall
be permitted bayward of this site unless the applicant shall
obtain the required Harbor Permit and provide the necessary upland
support facilities."
As of this date, that condition has not been complied with, and
commercial operations out of this site are in violation of the
above quoted condition and the Harbor Permit issued for the site.
If these activities continue, the Marine Department will have no
alternative but to turn this matter over to the City Attorney's
office for the filing of a Civil Complaint or action against the
Use Permit or the Commercial Harbor Activities Permit for the
facility.
If you have questions, please call me at 644-3044.
Sincerely,
Tony Me um
Tidela ds Administrator
3300 Newport Boulevard, Newport Beach
SEW Ppb
T
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-'I/
FQ JkTk
CITY OF NEWPORT BEACH
December 7, 1987
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
David Pahl
Hornblower Yachts
P.O. Box 1779
Newport Beach, CA 92663
Re: Hornblower Yachts, In.c., Commercial Harbor
Activities Permit
Dear Mr. Pahl:
Attached is a letter the Marine Department has received from an
attorney representing the Tower's Homeowner's Association.
I think the letter is self-explanatory regarding the problems they
feel.your operation is creating relative to your berthing at the
Lancer Landing site.
Your operations should be taking place at the Lido Village and the
use of the Lancer Landing site is specifically for, and only for,
the berthing of a vessel. Anything other than berthing a vessel
at that site would constitute the operation of your business from
that location. It would be the Marine Department's position thats',.
the most that could be done at Lancer's Landing would be to take;
the minimum necessary crew over to the particular vessel berthed
there and move the vesel from that site to your operating location
at Lido Village, and return it to the site at Lancer Landing. My,,,
activities over and above that would constitute the operation of-
your
fyour business at a site other than the site permitted.
C�
If you follow this procedure the problems outlined in Mr. Devine's
attached letter will resolve themselves. If you have questions in
this regard please call me at 644-3044.
Sincerely,
Tony m
Tidel nds Administrator
3300 Newport Boulevard, Newport Beach
Paone, Genovese, Callahan, McHolm & Winton
LAWYERS
ROBERT E. CALLAHAN
WILLIAM R. DEVINE
MICHAEL J. GENOVESE*
RAYMOND KING
STEVEN A. McHOLM
RALPH R. MAZUREK
TIM PAONE
VICTORIA POWER
DANIEL K. WINTON*
'A PROFESSIONAL CORPORATION
November 25, 1987
Tony Melum
Marine Department
3300 Newport Boulevard
Newport Beach, California 92658
Re: Hornblower Yachts, Inc. Charter Boat Permit -
Towers Homeowners Association Complaint
Dear Mr. Melum:
I have been retained by the Towers Homeowners Association to
represent them on matters of concern to the Association regarding
the operation of Hornblower Yachts, Inc ("Hornblower"). I have
met with Dr. Robert Krogh, the president of the Towers Homeowners
Association, and he has conveyed to me numerous complaints
received from residents in the Towers building. In addition, I
have been out to the site and have reviewed the Newport Beach
harbor regulations, and the permit condition under which
Hornblower is required to operate. I have conveyed the complaint
of the Towers Homeowners Association residents to you by
telephone and by this letter formally request that you take
action to protect the Towers residents from the following -
described actions of Hornblower, most of which appear to be in
violation of their permit conditions.
1. The dock area immediately
building has been used by
food, beverages, equipment
activities related to the
should be conducted out of
unloading area in front of
permit application under w
designates this as the sol
unloading of passengers an
business operation. There
or the permit which gives
anv of their commercial ac
adjacent to the Towers
iornblower to load and unload
and musicians. All
3peration of the business
their designated loading and
City National Bank. The
rich Hornblower is operating
location for loading and
I is the base of their
is nothing in the application
:hem the authority to conduct
:ivities on the nroner_ty
adjacent to the Towers building. We request that a new
condition be added to the permit to specify the
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
19100 VON KARMAN, 8th FLOOR • P.O. BOX 19613 • IRVINE, CALIFORNIA 92713.9613 • (714) 955-2900 • TELECOPIER: (714) 955-9009
Tony Melum
November 25, 1987
Page 2
restriction of all commercially related activities of
Hornblower to the designated area in front of City
National Bank.
2. The Hornblower's largest charter boat is being berthed
in an area immediately adjacent to the Towers
building. Condition 9 of their permit states that the
berthing location shall be in an area as far removed
from residentially zoned property as possible. In this
case, the boat is as close to residentially zoned
property as it possibly could be. The berthing location
would not be a serious problem if it were not for the
fact that a lot of the commercial activities related to
the charter boat, including delivery of food, drinks,
equipment, and the boarding and unboarding of musicians
and crew has tended to take place in the berthing
area. In addition there have been times when the noise
from the engines and the diesel fumes have been
overwhelming to the Towers residents. This situation is
adversely impacting the health, safety and welfare of
those who use, enjoy and own property near the water.
We request that you expand on the condition relating to
berthing and require that the berthing location be a
safe distance away from the Towers or other
residentially zoned property.
3. In observing the berthing location I noted that the same
location was being used for the Avanti and well as the
Hornblower yacht. Since there was not enough room for
both boats, the Hornblower was projecting way out beyond
the dock area and was probably in violation of berthing
restrictions. If the double berthing of these large
boats in this one location is to continue on a regular
basis, this needs to be investigated further.
4. There have been times when one of the Hornblower boats
has been stationary either in the berthing location
adjacent to the Towers building or across the harbor in
the Lido Village Marina when the motors have been
running for lengthy periods of time creating substantial
noise and air pollution. We request the addition of a
new condition to the permit limiting the amount of time
any of the Hornblower boats may operate their engines
while berthed and a limitation on the noise levels
allowable.
Most of the problems which are the basis of this complaint by the
Towers Homeowners Association residents can be resolved by
enforcement and some additional clarification of the existing
permit conditions. The imposition of the few new conditions
mentioned above will help ensure that the health, safety and
Tony Melum
November 25, 1987
Page 3
welfare of the Towers residents will not continue to be adversely
impacted.
If you require additional information on any of the matters
raised above, please feel free to contact me. Otherwise, I will
be in touch in the very near future to determine the course of
action most appropriate to protect the interests of the Towers
residents.
Sincerely,
William R. Devine
/jdb
1811-S
cc: Dr. Robert Krogh
SEW PO
CITY OF NEWPORT BEACH
U = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
e.K
CIII / Fo RNoP
September 4, 1987
Don Richardson
c/o Lancer Landing Ltd.
801 Civic Center
Santa Ana, CA 92701
Re: Harbor Permit 128-3101 for the property bayward of 3101 West
Coast Highway
Dear Mr. Richardson:
Attached please find a copy of the Staff Report dated January 12, 1987
in which you were given approval after the fact to modify the docks
bayward of the above address. As of this date our department has no
indication that any of the conditions listed in the Staff Report,
except condition number 3 have been complied with.
Before we can issue your permit for the "after the fact" revisions
' we need proof of compliance with conditions 1, 2, 4, 5 and '6.
In addition to the above, the plans approved by the Public Works
Department are attached to this letter. It is our understanding that
as of this date those additional construction items recommended by
Marine Consulting and Design have not been implemented at the docks
bayward of the property.
Please review the above and.contact me at your earliest convenience
so that these matters can be resolved expeditiously.
Sincerely,
J' 4
Tony =�m
Tidels Administrator
3300 Newport Boulevard, Newport Beach
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 2711
LOS ANGELES. CALIFORNIA 90053.2325
01 SEP 1887
Mr. Samuel F. Kniss
Trautwein Brothers Waterfront Construction
2410 Newport Boulevard
Newport Beach, California 92663-3798
Dear Mr. Kn i ss :
We have reviewed your proposals for modified piers, docks, ramps and
pilings for Mr. Dick Steele, Mr. Dave Stone, Mrs. Ray Oltman,
Mr. Richard 'Berg, andLaneer .Landin'g :as described in your letters of June 17,
June 25, July 8, July'31, August 19, 1987 and have found them to comply with
the terms and conditions of General Permit No. GP004 regarding the
installation of privately -owned boat docks in Newport Bay.
IF you have any questions regarding this matter, please contact me at
(213) 894-5606.
Sincerely,
✓ or Rader
ct' Chief, North Coast Section
Agenda Item F 16
CITY OF NEWPORT BEACH
Marine Department
August 10, 1987
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATION 128-301741BY LANCER LANDING TO
REVISE THE COMMERCIAL DOCKS BAYWARD OF 3017 WEST COAST
.HIGHWAY
Recommendation:
If desired, approve the application subject to the following conditions:
1. Approval of the U.S Army Corps of Engineers
2. Approval of the California Coastal Commission
3. All plumbing and electrical work -must be done under a permit
from the City of Newport Beach Building Department
4. The plans- and specifications for the dock must be approved
by the City of Newport Beach Public Works Department.
Discussion:
This application is be -"ore the City Council as required:,by Section 5.C.3.
of the Harbor Permit Policies, which states:
5.C.3. "Prior approval of the City Council will be required before
issuing a permit for shore -connected structures when the upland
abutting property is zoned commercial".
The applicant wishes to add two slips to the existing.commercial marina.
The additional slips would be within the permit zone allocated to the
commercial application and would provide the necessary setbacks. This is
a minor revision to an existing commercial marina.
David Harshbarger
Marine Director
Tony Me m
Tidelands Administrator
STATE OF CALIFORNIA
STATE LANDS COMMISSIUN
1807 13TH STREET
SACRAMENTO, CALIFORNIA 95814
Mr. Samuel F. Kniss
Trautwein Brothers Waterfront Construction
2410 Newport Boulevard
Newport Beach, California 92663-3798
Dear Mr. Kniss:
23. 1987
File Ref: G 09-02
SD 87-07-14
Subject: Proposed Boat Slips - Lancer Landing, Ltd:,,
4iA
y ,�
L-
ok
_ok Beach
The staff of the State Lands Commission has received your
letter dated July 8, 1987, and attached drawing relative to the
proposed additional two boat slips for Lancer Landing, Ltd.,
located at 3101 West Pacific Coast Highway, in the City of
Newport Beach.
The tide and submerged lands over which the proposed
project will extend are sovereign lands of the State of
California that "the Legislature granted in trust to the City of
Newport Beach pursuant to Chapter 74, Statutes of 1978.
Therefore, you need not apply to the State Lands Commission for
project authorization. You should, however, apply to all other
agencies having approval authority.
This action does not constitute, nor shall it be construed
as a waiver of any right, title, or interest by the State of
California in any lands under its jurisdiction.
Please contact Debbie Townsend, at (916) 322-1219, if you
require additional assistance.
Very truly yours,
LESLIE H. GRIMES, Deputy Chief
Division of Land Management
and Conservation
cc: Robert L. Wynn, City Manager
City of Newport Beach
City Hall
3300 Newport Boulevard
Newport Beach, CA 92660
3883
STATE of CALIFORNIA GEORGE DEUKMEJIAN, Governor
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SANTA ANA REGION •"'"
6809 INDIANA AVENUE, SUITE 200
RIVERSIDE, CALIFORNIA 92506 , o
PHONE; (714) 782-4130
July 21, 1987
Mr. Samuel F. Kniss
Trautwein Brothers
2410 Newport Boulevard
Newport Beach, CA 92663-3798
TWO BOAT SLIPS FOR LANCER LANDING, LTD., NEWPORT BEACH
Gentlemen:
If standard dock construction methods and materials
are utilized, this project should not affect water
quality. A statement has been submitted that there
will be no waste discharged from the vessel(s) moored
at this dock. Based on these assurances, clearance is
provided.
Sincerely,
Francisco E. Velez
Water Resources Control Engineer
FEV:csi
A
h
PALE x/
/h�wu
tel' limey yc
r,
or
AP
o �
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co..,..
VICINITY SKETCH-aw-Wrr
N.waewr DAY, CatlsOftVQ4 I � � Jerry
Sound,0025ps opo erPPessece in freed once ofenode
clap sOAs below Mcop Lower Low Woftn Moxnrw"v
Pouf• of fide o Proxi�++odi/y /D def Norhor /.'ryes
are esdo6/�'s/+sa�i s 7�A:s . SCCII.o s of lVewpo.f Sod:
� I
a�
1 ! 3c
E X
01 LQ-
GiArEt�lfz�q�
+f +I
L,p U e��NNCG
sem•
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6t aL t
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Al2
ktwpolq i r ow
PERMIT
18 HEREBY GRANTED TO CONSTRUCT Arj&
MAINTAtM THE rACILETY
AT THE SITE IMMMA"LPED, Rrov
, To 7.'-"�.,
THE HARBOR PEM ",WT Pc3LE.,r.'r' 'fir 'CH AW,
ANY SPECIAL
IS NOV
"ABL
THE CITY U M5 E. NT
RIGHTS GaW-N U-NMEM, 7.
AND I'mIS pr V
F,
JAY ;LE cl,
IN ACCORDAiNCEiii'fau I C-. J WE;
-vaz-4 raw -
V. L-21 491"
DfV yf--d At -
SPECIAL CONDITIONS:
CorPs Of Englrwrs Permit 9,/— c� /*7
Orange Courety Pbrmit
Other 5- —/ t59 -eI7
31w rre�
0
Jo$
5lT�
as•rs•
v o
A N v
I- `- ��-, ,`o �^ (!(mow k pereolra' *� ee�er a TQ ecMu� (�
i1� � EX SArt/pc.�,rrt fix• 'm� C, • a '' ,-
VICINITY SKETCH w•�►srrr, �.,.
N�weowr bAY C.�i t�eewtA � �srrr
[.ia'o '='M,y.0 vcc
was Ale 87/60
/ Ts L �10 r: M Bca, T,s�ocr= 9/9
im AvAc r.rJ V o s 6111 s OATS :7 m/ B ?
_ / AL d AnOWWA !e /n / (� l s r �ir i tai �nA ST i i � (1//iJR'% vTi�AC TO � : � i1 M
.1it3lJncelmps are 'VAAwcssmd /n feet, ond. dowofs
--
�y,Pil+,s be%w tifQor� [ow�� Low Wo�si tilo�iww..,
/'�n�• et tick opProAinro�e/y !O 4ire-A marAoo /gives
�i.:s
i
ore esio6/r'elisd iii . seefior oFNew�a.f Bojr
- - ry �Opl rn.
TUG�iiiY�C
r �/L
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CK.
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5
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i o�c
,
' f
L
r I
[.ia'o '='M,y.0 vcc
was Ale 87/60
/ Ts L �10 r: M Bca, T,s�ocr= 9/9
im AvAc r.rJ V o s 6111 s OATS :7 m/ B ?
_ / AL d AnOWWA !e /n / (� l s r �ir i tai �nA ST i i � (1//iJR'% vTi�AC TO � : � i1 M
June 29, 1987
Si rs :
Effective July 1, 1987 there is a.change in the fee structure
for permits in Newport Beach.
The new fees are:
Maintenance permits, no configuration change,
less than 20% replacement $30.00
New Permits, Administrative Action $300.00
Council Action $400.00
Revisions, Administrative Action $150.00
Council Action240.00
Plus, 27 50 for each addjizio a slip�and
$2.75 for each lineal foot of bulkh d.
For work started but not finished within the time limit
specified, a $70.00 fee -will be charged for any Council
request for a time extension.
If the value of the work proposed under a revision is over 50% of
the replacement value of the existing structure a new permit
will be required.
Sincerely yours
Tony Meium
Tidelands Administrator
Z t� W7.5
306 Newport Boulevard, Newport Beach
y.
�ncur�uieu� Q�o�s�s
WATERFRONT CONSTRUCTION
To: Lancer's'Landing, Ltd.
4361 Birch Street
Newport Beach, CA 92660
2410 Newport Boulevard
Newport Beach, California 92663-3798
Telephone (714) 673-1960
Contmdws Hawse No. 431539
Re: Additional slips @ vacant water - southerly end.
Attn: Don Richardson
Dear. Don;
For your convenience and to expedite the processing
of the permits, etc. that are necessary to the above
project, I can sign for you as your agent on all such
documents. If this is your desire, please endorse below.
Please retain one copy for your files.
Sincerely,
TRAUTWEIN BROTHERS
WATERFRONT ONSTRUCTION
Samuel F. Kniss
I authorize you to act as my agent on the above project.
D / /l/
ERIC CHESS BRONK
ATTORNEY AT LAW
801 CIVIC CENTER DRIVE • SUITE 300 • SANTA ANA, CALIFORNIA 92701
TELEPHONE )714) 550-6380
February 10, 1987
Mr. Tony Melum, Administrator
CITY OF NEWPORT BEACH
P. 0. Box 1768
Newport Beach, CA 92658-8915
Re: LANCER LANDING PROJECT
Dear Tony:
Just a note to again express my appreciation for your understand-
ing and cooperation in dealing with the above referenced project.
Please advise if there is any information that you need to keep
you updated.
Sincerely,
Eric Chess ronk
ECB: dm
CITY OF NEWPORT BEACH
MEM KRS
S ti 9
9Gp� 9�� t<`9y CSF
9 �1P January 12, 1987
MINUTES
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the Marine Department dated
November 24, 1986, recommending approval
of HARBOR PERMIT APPLICATION 4128-3017,
by Lancer Landing, Ltd., to revise the
commercial docks bayward of 3101 West
Pacific Coast Highway, subject to
conditions listed in the staff report,
was presented.
Donald Richardson, 801 Civic Center
Drive, Santa Ana, representing Lancer
Landing, Ltd., addressed the Council and
stated that they take exception to
Condition No. 5, which imposes: "that
any vessel berthed in the revised slip
be prohibited from chartering from this
location." He stated that no such
condition was imposed on the original
harbor permit for this location, and no
such condition was imposed when the
marina was rebuilt in 1981, and they do
not feel they should be discriminated
against. He requested that the Council
grant their harbor permit without
Condition No. 5.
Tony Melum, Tidelands Administrator,
addressed the Council and stated that
the Marine Department, as well as other
departments of the City, have received
numerous complaints when charter vessels
have been berthed at the subject
location, particularly since the site is
in a redevelopment phase and is unable
to provide any amenities, such as
parking and trash receptacles. It
basically has had a very dangerous
loading location and the docks were in
such poor condition that there was a
liability factor to consider on the part
of the property owner and City, as well.
In addition, the Marine Department had a
problem getting cooperation from the
marina manager and dock owner at the
time of charter operations in this
location.
Mr. Richardson addressed the Council
again, and stated that they presently
have trash removed daily, and
construction of the underground parking
facility should be completed up to the
street level by May 1. Also, their
docks have just been completely
refurbished and they do not anticipate
any safety problems as a result of the
new docks.
Volume 41 - Page 23
Harbor Perm
Apli#128-
3017
(51)
JAS
2E
FE
'8
2
'8
w
CITY OF NEIV4PORT BEACH
MEMBERS
101 � �9ti �9G\
x
MINUTES JAN
26
'87
January 12, 1987
Discussion ensued with regard to dock
access by way of a "catwalk." The City
Attorney pointed out that his office, as
well as the Marine Department, have had
a number of concerns with regard to the
safety of such access, and feels that
future charter activities should be
contingent upon the permittee's ability
to provide safe access to the docks.
Mr. Richardson addressed the Council
again and stated that they just recently
repaired the catwalk with new flooring
and structuring underneath. In
addition, as soon as their parking
garage is completed, the plans provide
for access directly across from that
area.
Following discussion, the City Attorney
suggested that Condition No. 5 be
revised to read as follows:
"During construction of the
underground parking facility, no
vessel berthed in the revised slip
shall be chartered from this
location. Subsequent to completion
of said construction, chartering
may be permitted in accordance with
City ordinance."
Motion was made to approve Harbor Permit
Application No. 128-3017, subject to the
conditions as set forth in the staff
report, including Condition No. 5, as
revised by the City Attorney in the
foregoing.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. Report from the City Manager, dated
December 8, 1986, regarding REQUEST OF
CONFERENCE AND VISITORS BUREAU, was
presented.
Letters in support regarding visitor's
service fee from Catalina Passenger
Service, Inc., and Newport Harbor Art
Museum, were presented.
Letter against the visitor's service fee
from Bobby Lovell, on behalf of the SPON
Steering Committee, was presented.
Volume 41 - Page 24
iarbor Perm
�pli# 128-
3017
Finance/
Visitors'
Sery Fee
(40)
CITY OF NEWPORT
COUNCIL MEMBERS
s C 10f ,p'9 %P9Z 9G�
F � G� � F
L CALL �� J' -P January 12, 1987
Motion
All Ayes
x
BEACH
MINUTES
Discussion ensued with regard to dock
access by way of a "catwalk." The City
Attorney pointed out that his office, as
well as the Marine Department, have had
a number of concerns with regard to the
safety of such access, and feels that
future charter activities should be
contingent upon the permittee's ability
to provide safe access to the docks.
Mr. Richardson addressed the Council
again and stated that they just recently
repaired the catwalk with new flooring
and structuring underneath. In
addition, as soon as their parking
garage is completed, the plans provide
for access directly across from that
area.
Following discussion, the City Attorney
suggested that Condition No. 5 be
revised to read as follows:
"During construction of the
underground parking facility, no
vessel berthed in the revised slip
shall be chartered from this
location. Subsequent to completion
of said construction, chartering
may be permitted in accordance with
City ordinance."
Motion was made to approve Harbor Permit
Application No. 128-3017, subject to the
conditions as set forth in the staff
report, including Condition No. 5, as
revised by the City Attorney in the
foregoing.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. Report from the City Manager, dated
December 8, 1986, regarding REQUEST OF
CONFERENCE AND VISITORS BUREAU, was
presented.
Letters in support regarding visitor's
service fee from Catalina Passenger
Service, Inc., and Newport Harbor Art
Museum, were presented.
Letter against the visitor's service fee
from Bobby Lovell, on behalf of the SPON
Steering Committee, was presented.
Volume 41 - Page 24
Harbor Perm
Apli#128-
3017
Finance/
Visitors'
Sery Fee
(40)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS . MINUTES
00
Rf11 1 CAI kp �S� January 12, 1987 ulnry
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the Marine Department dated
Harbor Perm
November 24, 1986, recommending approval
Apli#128-
of HARBOR PERMIT APPLICATION #128-3017,
3017
by Lancer Landing, Ltd., to revise the
(51)
commercial docks bayward of 3101 West
Pacific Coast Highway, subject to
conditions listed in the staff report,
was presented.
Donald Richardson, 801 Civic Center
Drive, Santa Ana, representing Lancer
Landing, Ltd., addressed the Council and
stated that they take exception to
Condition No. 5, which imposes: "that
any vessel berthed in the revised slip
be prohibited from chartering from this
location." He stated that no such
condition was imposed on the original
harbor permit for this location, and no
such condition was imposed when the
marina was rebuilt in 1981, and they do
not feel they should be discriminated
against. He requested that the Council
grant their harbor permit without
Condition No. 5.
Tony Melum, Tidelands Administrator,
addressed the Council and stated that
the Marine Department, as well as other
departments of the City, have received
numerous complaints when charter vessels
have been berthed at the subject
location, particularly since the site is
in a redevelopment phase and is unable
to provide any amenities, such as
parking and trash receptacles. It
basically has had a very dangerous
loading location and the docks were in
such poor condition that there was a
liability factor to consider on the part
of the property owner and City, as well.
In addition, the Marine Department had a
problem getting cooperation from the
marina manager and dock owner at the
time of charter operations in this
location.
Mr. Richardson addressed the Council
again, and stated that they presently
have trash removed daily, and
construction of the underground parking
facility should be completed up to the
street level by- May1.- Also, their
docks have just been completely
refurbished and they do not anticipate
any safety problems as a result of the
new docks.
Volume 41 - Page 23
CITY OF NEWPORT BEACH
Marine Department
January 6, 1987
TO: CODE ENFORCEMENT/PLANNING DEPARTMENT
FROM: Marine Department
SUBJECT:. -,HARBOR PERMIT 128-3017/USE PERMIT 2066
The Marine Department has received numerous complaints regarding
commercial activities out of the property known as Lancer Landing
and the docks under Harbor Permit 128-3017. Specifically, the
complaints are that the marina is operating as a commercial marina
-for boat boat docking facilities and commercial charters in
.;violation of of condition No. 38 of Use Permit 2066. This has
been a problem in the past, as evidenced by the attached
memorandum from the City Attorney's office dated September 4,
1986.
There has been, in the past, a Harbor Permit -,for the facility.
However, illegal.modifications to the dock were made approximately
a year ago, without a permit. The applicant was required by the
Council to get the permit retroactively, but as of this date the
permit has not been issued and all the requirements of the permit
have not been met.
We are asking Code Enforcement and the Planning Department to see
if there is anything that can be done under the Use Permit to stop
the commercial activities at the facility until the requirements
of Condition No. 38 have been met.
If you have questions regarding the above please contact me at
3044.
Toryel #m
Tidelands Administrator
17
F. (Contd.)
13. SUMMIT STREET IMPROVEMENT AND BALBOA PARKING LOT
IMPROVEMENTS (CONTRACT 2575) - Affirm the Negative
Declaration of Environmental Impact; approve the plans
and specifications; and authorize the City Clerk to
advertise for bids to be opened at 11:00 a.m. on
December 23, 1986. (Report from Public Works
Department)
14. RESUBDIVISION NO. 809 - Accept the public improvements
constructed in conjunction with Resubdivision No. 809
(a portion of Lot 3, Block 7, Tract No. 27 located at
3233 Clay Street, on the westerly side of Clay Street,
between Bolsa Avenue and Westminster Avenue, in Newport
Heights); and authorize the City Clerk to release the
Faithful Performance Bond Certificate of Deposit No.
1488. (Report from Public Works Department)
15. RESUBDIVISION NO. 723 - Approve a Subdivision Agreement
guaranteeing completion of the remaining public
improvements required with Resubdivision No. 723 (Lots
31-35, Tract 1220; Lots 142-146, Tract 1218; a portion
of Lot 171, Block 54, Irvine's Subdivision; and a
20 -foot -wide alley located at 600 St. Andrews Road, on
property bounded by St'. Andrews Road, Clay Street, and
15th Street, across from the Newport Harbor High
School, in Cliff Haven); and authorize the Mayor and
City Clerk to execute the agreement; and release the
Faithful Performance Bond (Bond No. 7125012) and the
Labor and Material Bond (Bond No.. 7125012). (Report
from Public Works Department)
16. RESUBDIVISION NO. 819 - Accept the offer of dedication
of an alley easement as shown on the parcel map for
Lots 12, 13 and 26, Block 14, Balboa Tract, merged as a
single building site by Document 12818-996, located at
922 East Ocean Front and 925-927 East Balboa Boulevard,
on the northerly side of East Ocean Front and the
southerly side of East Balboa Boulevard, between "A"
Street and "B" Street, on the Balboa Peninsula.
(Report from Public Works Department)
17. HARBOR PERMIT APPLICATION - Uphold staff's
recommendation of approval, subject to conditions
listed in the staff report regarding Application
#128-3017 by Lancer Landing, Ltd., to revise the
commercial docks bayward of 3101 West Pacific Coast
Highway. (Report from Marine Department)
18. PLANNING COMMISSION - Accept the resignation from
Planning Commissioner Clarence J. Turner, effective
November 12, 1986, as a result of his election to the
Newport Beach City Council on November 4, 1986.
(Attached)
19. BUDGET AMENDMENTS - For approval:
BA -040 - $15,700 Transfer in Budget Appropriations for
replacement of breathing air compressor and
modification of vehicle carrying compressor; General
Fund.
- 7 -
SPEAKERS MUST LIMIT REMARKS TO FIVE MINUTES ON ALL AGENDA ITEMS.
Q SEW P�p'S'T
CITY OF NEWPORT BEACH
v = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
FoaN`P
November 14, 1986
Leonard R. Bedale
3121 West Coast Highway
# 5A
Newport.Beach, CA 92663
Re: Application by Lancer Landing Ltd. to revise the commercial
docks bayward of their property
Dear Mr. Bedale:
The purpose of this letter is to notify you that on November 24,
1986 at 7:30 P.M. the Newport Beach City Council will consider
a request by Lancer -Landing Ltd.. to revise their commercial docks
bayward of their property on West Coast Highway.
This request is in regard to the revision that has already occurred
and they are, in effect, attempting to get a permit after the fact.
If you.have any questions in this regard please contact me at
644-3044.
I do not know.the name and address of your association. If you
will give me that information I will be glad to contact then in
regard to the above meeting. Perhaps you would prefer to notify
them of the meeting so they will be aware of it. Again, please
call me if you need further clarification.
Sincerely,
Tony Mel7m
Tidelands Administrator
TM: db
3300 Newport Boulevard, Newport Beach
�EvV POST
Q. CITY OF NEWPORT BEACH
U = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
C,yt�O RNP
October 8, 1986
Don -Richardson
Lancer Landing, Ltd.
4361 Birch
Newport Beach, CA92660
Re: Harbor Permit 128-3017 for the commercial docks at 3017 W. Coast Highway
Dear Mr. Richardson:
Attached please find application card and application procedures for
a revision permit for the commercial docks at the above address.
It is necessary that you complete the card and provide the relevant
information -on the drawing sheet attached. The fee for the permit
application is $365.00. After we receive the above it will be placed
on the next available City Council_ agenda.
If you have any questions about the completion of the drawing or the
application, please call me at 644-3044.
Sincerely,
Tdny MeAum
Tidelands Administrator
TM: db
3300 Newport Boulevard, Newport Beach
V.LP. Publications J. Michael Derem
4316 Marina City Drive President
Suite 131C
Marina del Rey, CA 90292
213.827.8118
800.223.8118
Lancer Landing, Ltd.
4361 Birch Street
Newport Beach, CA
August 20, 1986
RE: "Lovely Lady", Slip #20•
"Swan", Slip #10
Gentlemen:
-1-1%
We have been notified by the City of Newport Beach that you
both have been operating charters from the Lancer Landing Marina.
The City advises us that you have not been issued a permit to
operate charters or to embark and/or disembark charters. Under
the terms of your lease with Lancer Landing, Ltd. to rent a slip
you are not authorized to operate a charter service for private
parties or for the public. If another charter service is loaded
or disembarked by you at the Lancer Landing Marina, your lease will
be immediately terminated and your vessel required to be removed.
Adjacent property owners have filed complaints with the City about
the charter service. Besides the complaint we are deeply concerned
about the lack of liability insurance protecting.Lancer Landing Ltd.
We do not want members of the public coming across our property and
access is limited to our tenants and their guests. We dre sure you
can appreciate our position due to the construction work next to
the Marina.
Representatives of the City notified us that the Newport Police
Department will cite your vessels for any violation of City
Ordinances regarding charter operations. We have maintained a good
raport during construction of the Marina and adjacent office build-
ing which we do not want to be jeopordized. We shall. appreciate your
cooperation.
Lancer Landing, Ltd.
by:
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7 15
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
September 15, 1986
Mark DeRemegio
c/o -VIP Fantasy Locations
4361 Birch Street
Newport Beach, CA 92660
Dear Mr. DiRemegio:
On September 4, 1986 you gave.the.City of Newport Beach, relative
to a Harbor Activities Permit, a proposed parking location off
site to augment your'Commerc'ial Harbor Activities Permit for the
vessel "Swan Attached you -will find a copy of the Planning
Department's response to that proposed location.
Based on the response of the Planning Department, we are still
in the position of denying your Commercial Harbor Activities
Permiti: However, you are welcome to re -submit the parking
proposal,.addressing the concerns'outl.ined in the correspondence
from the Planning Department, dated September.10, 1986. We
would also like to mention that.we take note of your new
address and are changing. -out ,records,on -file .to--rdfledt:the
new address and name.
If you have questions, please feel free to call me at 644-3044.
Sincerely,
Tony Pie m
Tidelands Administrator
TM: db
3300 Newport Boulevard, Newport Beach
ou
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
September 10, 1986
TO: Tony Melum, Tidelands Administrator
FROM: Bill Ward, Senior Planner
SUBJECT: Proposed Charter Operation by V.I.P. Fantasy Locations
I am in receipt of the letter from Mark DeRemigio dated August 4, 1986
which was submitted to your office as a proposal for the operation of
a boat charter business in Newport Beach. It is impossible for the
Planning Department to evaluate this proposal because of its lack of
specific information concerning the operation characteristics of the
boat charter. I have spoken with Mr. DeRemigio on several occasions
concerning various aspects of his charter proposal. During the course
of our discussions the following issues and concerns have been raised
by the Planning Department:
1. What upland site has been selected to board passengers and does
said site include appropriate improvements to accommodate said
activity, such as adequate off-street parking, based on a formula
of one parking space for each three boat charter occupants; and
does the site have adequate access to appropriate dock facili-
ties? It was noted that if shared parking is proposed, there
could be no overlap of business hours.
2. If a bus charter or shuttle operation is to be used to bring
patrons to the upland boarding site, said boarding site must be
large enough to allow the buses to enter onto the property to
load and unload passengers. No loading and unloading of buses
will be permitted within a public street.
3. If an off-site parking location is to be used, is said parking
located so as to be usable for the boat charter operation and has
the chareter operator entered into a lease of sufficient length
(minimum 5 years) for the use of said off-site parking?
It is the Planning Department's position that
charter operation should be detailed enough
mentioned issues as a minimum. Failure to do
to effectively review such proposals.
n .__ s,r r
'BILL WARD
WWW/11
any proposal for a boat
to address the above
so makes it impossible
MEMORANDUM
OFFICE OF THE CITY ATTORNEY
September 4, 1986
TO: Dave Harshbarger, Marine Director
Tony Melum, Marine Department
Jim Hewicker, Planning Director
FROM: Robert H. Burnham, City Attorney
RE: Possible Illegal Use of Lancer Landing
Dock Facilities/Use Permit Number 2066
Recently, a business known as V.I.P. Charters has
operated two vessels (the Swan and Lovely Lady) from commercial
docks bayward of Lancer Landing. Condition No. 38 to Use Permit
No. 2066 provides:
"That no commercial, marina operated, boat
docking facilities shall be permitted bayward
of the site unless the applicant shall obtain
the required harbor permits and provides the
necessary upland support facilities, i.e.,
restroom facilities for the boat slip users
and .75 parking spaces for each marina boat
slip and .75 parking spaces for each 25 feet
of available mooring space not classified as a
slip."
This office is preparing a complaint to be filed against
the charter boat operator and I am wondering if some action
should be taken on the Use Permit or the Commercial Pier Permit.
Obert H. Burnham
dity Attorney
RHB/jc
V.I.P.
FANTASY LOCATIONS
3333 W. Pacific Coast Hwy., Suite A Newport Beach, CA 92663
(714) 646-0969
September 4, 1986
City of Newport Beach
Mr. Tony Melum
Tidelands Administrator
P.O. Box 1768
Newport Beach, CA 92652-8915
Dear Tony:
Per our conversation on September 3, 1986, listed
is a proposal regarding parking for V.I.P. customers.
We plan to utilize parking facilities located at 4361
Birch Street, Newport Beach, which will accomodate
200+ automobiles. From there, guests will be shuttled
by bus to the location,site.
Tony, thanks for your help in this matter. I
look forward to your response.
Best Ve CLards,
J
Mark DeRemigio
August 20, 1986
TO WHOM IT MAY CONCERN:
Effective September 1, 1986, I am resigning as Secretary
of Lancer Landing, Inc., general partner of Lancer Landing,
Ltd., a California. Limited Partnership.
I will no longer be an agent, officer or employee of
Lancer Landing, Inc., Lancer Landing, Ltd. or the Lancer
Landing Project at 3101 West Coast Highway, Newport Beach,
California.
I am moving to Nevada to work on an unrelated real estate
development project. If you have any questions, call me
at (714) 851-0611.
Very truly yours
Thomas Threinen
TT: dr
�EW PpRT
CITY OF NEWPORT BEACH
�U \ P,O. BOX 1768, NEWPORT BEACH, CA 92658-8915
c � P
8/18/86
Dear Vessel
Owner:*6*
Regarding: Section 17.41 of.the Newport Beach Municipal Code.
It is our understanding that this vessel is being chartered in
Newport Harbor in violation of 17.41.020 of the Newport Beach
Municipal Code, which states:
17.41.020. " Permit for Commercia.I.Act.ivities Required.
No person shall engage in, or conduct, any commercial
activity on the waters of Newport Beach; unless that
person has obtained a permit for such activity pursuant
to the provisions of this chapter."
If this vessel leaves the dock after this date under charter,
without obtaining the required permit, we.will ask the Orange
County Sheriff's Harbor Patrol to cite the vessel and the
vessel owner, as provided for by Section 17.410130 of the
Newport Beach Municipal Code, which states;`
17.41.130. "Misdemeanor - Public Nuisance. Any person
violating the provisions of this "Section -shall be guilty
of a misdemeanor. Any person convicted of a vioiation of
this Section shall be punishable by a fine of not more than
$500.00 or by imprisonment in the County jail for a period
not to exceed six months, or by both such fine and imprison-
ment. A person violating the provisions of this Chapter
shall be guilty of a separate offense for each day during
which any violation is committed. In addition to these
penalties, any condition caused or permitted to exist in
violation of any of the provisions of thes Section shall
be deemed a public nuisance."
If you have any questions in this regard, please contact me
immediately at 644-3044.
Sincerely,
Tony Me m,
Tidela ds Administrator.
3300 Newport Boulevard, Newport Beach
Q SEW PO
CITY OF NEWPORT BEACH
U
eK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
August 12, 1986
Thomas Threinen
Secretary, Lancer Landing Inc.
4361 Birch Street
Newport Beach, CA 92660
Re: 3101 West Coast Highway
Dear Mr. Threinen:.
Since your correspondence.wi'th us of August.8, 1986. additional
problems have .come to light at the site of 3101 West Coast Highway.
These problems involve.speciftcal-ly the docks bayward of that
property.A field inspection of the docks on August 12, 1986
indicate . that they have been addi ttonal ly revised to violation
of Section 17.24.010 of the Newport Beach Municipal Code, which
states:
17.24.010..:"Permit Required for Construction or Alteration.
-.No Person or agency shall build, maintain, extend or make
structural alterations on .any building, pier, piling, bulkhead,
seawall, reef,.breakwater., or other structure tn. upon or over.
the waters of Newport Harbor or the Pacific'.0cean or any other
water where the tide ebbs and flows wi'thi'n the City of Newport,
Beach, or do any filling, excavating or�dredging inn said waters
or ocean, without first obtaining a written permit to do so
from the City."
This revision to the docks in-volation of the above quoted se.ct:on
of the Municipal code is grounds for revocation of the Karbor Permit
and removal of the docks, . as stated .i n Section _17.24.09.0, of the
Newport Beach Municipal Code, which states:
17.24.090. "Revocation of Permit. GROUNDFOR-REVOCATION,Any
permit heretofore or hereafter granted for any'structure or work-
in the waters of Newport Harbor or the.Pacific Ocean maybe revoked
by the City Council upon any of the.followi.ng grounds:.. ..(3): The
work or structure does not comply with the permit or does- not meet
the standards adopted by the City Council for such work or structure,
and ....(7) The permittee has breached or failed to"comply with. the
terms or conditions contained in the permit or upon,whi`ch the permit
was granted."
3300 Newport Boulevard, Newport Beach
In addition to the above, -it has come to our attention, based on
complaints from adjacent property owners, that two vessels, the
"Lovely Lady" and the vessel "Avanti" are being chartered out of
the above location in the two slips that have been illegally
modified. These vessels are being operated- llegally,in this
location in violation of Section 17.41.020 of the Newport Beach
Municipal Code, which states:
17.41.020. "Permit. for.'Commercral Actfvtttes.Requfred. No
person shall:engage in, or conduct, any.commercial.activtyy on the
waters of Newport Beach, unless that person has obtained a permit
for such activity pursuant to the provisions_of this'Chapter."
The City of Newport Beach MaPine Department considers both of these
problems to be major and grounds for revocation of the Harbor Permit,.
as indicated above. -
If we have not heard .from .you wi..tht-n five days 'regarding the resolution
of these problems, it will be our intention to turn this --matter over
to the City Attorney's office for fmmedi'ate .follow• up.
If.you have questions in this .regard please call,me at 644-3044.
Sincerely,
Tony Melum
Tidelands Administrator
cc: Robert F. Mitchell', Occi'dental Petroleum Corp., 10889 Wilshire #1500
Los.Angeles 90024
John Jakosky, 898 West 18th Street, Costa Mesa, CA 92627
Mr Leonard Bedale and occupants of 3121.RIest Coast ff1gftway, #5A
Newport Beach, 92663
LANCER LANDING, LTD.
4361 Birch St.
Newport Beach, CA 92660
August 8, 1986
Tony Melum, Tidelands Administrator
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
RE: 3101 W. Coast Highway --complaint from adjoining residents
Dear Mr. Melum:
The operators of all vessels moored at Lancer Landing Marina
will abide by the following marina rules:
"Licensee shall use discretion in operating motors, generators,
bilge pumps, television sets and radios so as not to create a
nuisance. Reasonable quiet shall be maintained between
10:00 p.m. and 6:00 a.m."
"No refuse shall be thrown overboard. All refuse is to be
deposited in containers supplied by Marina for that purpose."
The strict enforcement of the above rules should eliminate any
type of "nuisance" which may have been created in the past. In
addition, the Marina manager will remove refuse containers from
docks daily and have the trash container at the street emptied
more frequently.
Sincerely,
LANCER LANDING, LTD. C/
J
homas Threinen, Secretary
Lancer Landing, Inc., general partner
Leonard R. Bedale
3121 W. Pacific Coast Hwy. #5A
Newport Beach, California 92663
August 4, 1986
City of Newport Beach
P.O.Box 1768
Newport Beach, California 92658-8915
Attn: Mr. Tony Melum
Dear Mr. Melum,
We thank you for your letter of July 24, 1986 regarding the
two large boats located bayward of 3101 W. Coast Highway. To
corroborate your summary of the situation, may we make the following
observations:
The City Council should review and rescind its permit to alter
the docks to accommodate those large boats. At best, the noise and
fumes from the big diesel engines, running in excess of one hour
at a time next to people's livingrooms and bedrooms, is improper
planning. Anytime of day this is wrong. But, when you have the crew,
the caterers and the musicians clattering and yelling, and engines
running under bright deck lights that illuminate people's bedrooms
until 1:23 A.M., I think you would agree this matter is totally
out of control.
Please be advised that this past Saturday, one week after
your letter of the 24th, the Swan (AKA: Avanti) had a line of
people waiting to board (over 60) that was so long it required two
shots with a wide angle lens to photograph. Awaiting them were the
caterers, the bar tender and a disc -jockey who was testing the loud
speakers and setting his sound levels for each record in the
program. This started 2 hours before they left the dock. When I
asked them to stop it, the disc -jockey did stop for a while as long
as I would watch him. When they returned at 10:00 P.M., they stood
(2)
off the dock for several minutes and blasted away with the extra-
ordinarily loud music and yelled "Hey, can you hear us up there?".
So much for your letter.
For the record, I would like to state the following:
1. Shortly after the City Council allowed the dock alteration,
they commenced refurbishing activities on the Avanti that should
have been done in a boat yard during normal business hours. They
told us, in January, they would finish in 2 weeks. It is still
going on, periodically, in August. This was done seven days a week
and sometimes from 6:30 A.M. to 9:30 P.M..
2. On March 24, 1986, I contacted your office for help on this
matter: Since that time, you have been very cooperative. But, as
you state in your letter, the problem still exists. We all have
tried to work with this situation, but it must have occured to
everyone sometime ago that the method of operation with this group
is to tell you what you want to hear and then do exactly as they
please. Make no mistake about it, working things out can be a great
solution, but you can't do it with these people. Enough of this.
As I see this, until the City Council rectifies this blunder,
the problem will be with us for years.
Please excuse me for venting my frustrations, but we have
suffered the annoyance for 8 months and will continue to do so
until the system takes the necessary corrective action. Make no
mistake, I like boats and parties and adore a fine scotch, on
occasion, but do I have to explain to anyone that there is a proper
time and place for things? Do we have to explain to the people in
zoning and licensing that we can have commercial neighbors next to
us that operate during reasonable business 'hours and conduct their
affairs in an unoffensive noise free manner? Would you like a
bunch of drunks off-loading outside your window? Sometimes you
must find a proper place to do things. This is done by countless
planning departments. I'm told someone went to the necessary
trouble of protecting the worm bed at the South side of the lot
next door. Really? What about the constituents?
(3)
I would appreciate it if you forwarded this letter to the
proper authorities so they might be put on notice of this problem.
Hopefully this unnecessary mess can be solved expediently, once
and for all.
Thank you again for your efforts.
Sincerely
I�eonard R. Bedale
i
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4 f�
i
i
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^ �
CITY OF NEWPORT BEACH
July 24, .1986
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
Lancer Landing, Ltd.
2171 Campus Drive
Irvine, CA 927.14_
Subject:. Vessel Chartering
Dear Sirs:
The City of Newport Beach has received a complaint regarding the use
of your commercial docks bayward of 3101 West Coast Highway.
Specifically, the complaint•is that vessels moored at the dock
are creating a nuisance with regard to vessel waste and noise
disturbances to adjoining residents and tenants in violation of
Section I.A. of the Harbor Permit Policies.
It is the understanding of the Marine Department that two vessels,
the "Lovely Lady" and the "Avanti" are being chartered out of
your location for use within the harbor.
Neithtr of these vessels have Commercial Harbor Activity Permits
as required by the City of Newport Beach Municipal Code, and they
are therefore being chartered illegally out of that location.
All of this has combined to cause an ongoing useage problem to
adjoining residents and.tenants. I have spoken'on several
ocassions to the charterers of the vessels and to the property
owners of Lancer Landing; everyone has indicated to me that they
will cooperate i'n solving this problem. As of thi's date, however,
the problem continues, to exist.
If we have not had a proposed solution to this problem within
15 days it will be necessary for the Marine Department to turn.:
this matter over to -the City Attorney to look into the necessity
of revoking your pier permit and the subsequent removal of the
dock, as provided by Section 17.24.090 of the Newport Beach'Muni-
cipal Code.
Please contact me at your earliest convenience, but within the next
15 days, so that this matter can be resolved. If you have questions
call me at 644-3044.
Sincerely,
Tony 4e1u7,/10idelads Administrator
cc: Robert F. Mitchell, Occidental Petroleum.Corp. 10889 Wilshire #1500 LA 90024
John Jakosky, 898 West 1Rth''Street Costa tlesa, CA 92627
Mr. Bedale & occuparrts of 3121 W. Coast Hwy #5A, Newport Beach 92663
3406 Newport Boulevard, Newport each
ROBERT F. MITCHELL
REAL ESTATE COUNSEL
OCCIDENTAL PETROLEUM CORPORATION
10889 WILSHIRE BOULEVARD, SUITE 1500
LOS ANGELES, CALIFORNIA 90024
( 213) 208-8800
March 25, 1986
Mr. Tony Melum
Tidelands Administrator
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Reference: 3101 West Coast Highway
Newport Beach, California
Dear Mr. Melum:
Thank you for your letter of March 18, 1986. We were not aware
that any change in the harbor permi.t for the captioned property
had been made.
While we have no objection to the transfer of the permit to
Lancer Landing, Ltd., we see no reason why the annual billing
procedure should be.changed. As you know, the fee owner of
this property is the Jakosky Trust and Occidental Land, Inc.
is the long term ground lessee. Accordingly, it would appear
that the annual billing for this permit should continue to
be transmitted to the Jakosky Trust.
Parenthetically, I wish to note that the attachments referred
to in your letter of March 18 were,.not included in your letter
and I would appreciate receiving the same at your convenience.
Sincerely yours,
-1?9P.A- W
Robert F. Mitchell
cc: J. Jakosky, Jr.
e —2g-3ac7
CITY OF NEWPORT BEACH
March 18,_1986
Robert F. Mitchell
Occidental Petroleum Corporation
10889 Wilshire Blvd., Suite 1500
Los Angeles, CA 90024
Re: Harbor Permit 128-3017
Dear Mr. Mitchell:
The permit for occupying the water area bayward of 3017 West Coast
Highway is evidenced -by a 3", x 5" card signed by the upland property
owner .or long7 term leasee. The card is filedwith.. this department.
Our records indicate the original permit was in the name of
Jakosky, J., Owner, Occidental Land. -Tenant and Harrison Marine -Tenant.
(See attached copy marked #1).
In 1985 application to`transfer`the .above permit was made by Richard
V. Valdes/M.`V. Threinan, and approved. .(See attached copy marked #2).
Also in 1985,.application to transfer the permit again was made by
Lancer Landing, Ltd. and approved.. (See attached copy marked #3).
Each one of thess�transfers was.approved by our department, since it
was'felt each receiving party had the necessary interest to have the
permit.
Some weeks ago, Mr. 0rakosky contacted our office, since the above
transfers had resulted in a change in how the annual billings were sent.
I believe his position at that time was.that he had no problem with
the transfers, but was concerned as to whether or.not you were aware
of them. He had also indicated that no matter who was the permittee,
he wanted the annual billing to continue to creme to him.
The purpose of this letter is to basically make you aware of the above
and to solicit any input you might have, relative to these transfers.
If you have any questions regarding this, please call me at 714-644-30.44.
Very truly yours,
Tony Median, Tidelands Administrator
cc: John Jakosky, 898 W.,18th Street, Costa Mesa, CA 9.26.27
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
JAKOS KY TRUST
898 WEST 18TM STREET COSTA MESA, CALIFORNIA 92627 PHONE: (714) 548-8781
March 4, 1986
Mr. Tony Melum
Tidelands Administrator
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Dear Mr. Melum:
Todate we have not received the 1986 tidelands
invoice from the City pertaining to Commercial
Pier Permit No. 0128-3017-1.
It was my understanding during our meeting on
February 12, 1986 that it would be forthcoming.
Awaiting your reply I remain,
very truly yours
osky, J
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
January 27, 1986
Lancer Landing, Ltd.
4361 Birch'Street
Newport Beach, CA 92660
Attn: Don Richardson
--Re:. Harbor Permit 128-3017
Dear Mr. Richardson:
Attached is a copy of the Staff Report sent to the City Council
onIJanuary 12, 1987. Please pay. specia1.attention'to those
.spec9al conditions listed under "Recommendations" on'this Staff
Report. As you will recall, Condition number 5 was changed
during the meeti ng to . read . as follows'.
115. During construction:of the underground.facili:ties, no
'vessel berthed in the revised slips shall'be'chartered
from *this location.. Subject to completion of said
construction, chartering may be permitted in accordance
with -City ordinances."
'We currently have on file approval from the Public Works
Uepartment'only,'so based on the conditions listed in the Staff
.'-Report we ne6d:your approvals from the Army Corps of Engineers,
the Coastal` Commission and the City of'Newport Beach'Building
Department'regard ing any.electrical and plumbing that has been
-done on'the docks.
If you have any questions regar.d.ing the above, contact me at
644-3044.
3300 Newport Boulevard, Newport Beach
STATE OF CALIFORNIA—THE RESOURCES AGENCY - _. GEORGE DEUKMEJIAN, Governor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA -
245 WEST BROADWAY, SUITE 380 Z
LONG BEACH, CA 90802 Date:October. 8, 1985
(213) 590-5071 5-85-653 PG:1kj
TO: Lancer Landing, Ltd.
2171 Campus Drive, Suite 100
Irvine, Ca 92715
SUBJECT: Waiver of Coastal Permit Requirement
Based on your project plans and information provided in your permit
application for the development described below, the Executive Director
of the Coastal.Commission hereby waives the requirement for a Coastal
Permit vursuant to /% Section 13250(c),"/W Section 13253(c), or
/7 Section 13238.1, Title 14, California Administrative Code.
Any deviation from the application and
office may necessitate a coastal permi
lans on file in the Commission --
for the entire project.
APPLICANT'• Lancer Landing, Lad., General Partner__
LOCATION OF PROPOSED DEVELOPMEtiT: 3101 WestCoast Highway,. --
Newport ;Beach, Change County
DESCRIPTION OF PROPOSED DEVELOPMENT: Modification in the existing Mat.ina
.to accomodate a 110 foot ship by removing two fingers and re oca ing
two piles to support and stabilize the new configuration.
This waiver is not valid unless the site has been posted with the notice
provided by the Commission office and until it has been reported to the
Commission.
Ve anticipate reporting this item.to the Commission on October 22-25, 1955
If the Commission objects to this waiver of permit requirements, a
coastal permit will be required. You must contact the District Office
on or after the date shown above to verify the status of this waiver.
Tom Crandall
South Coast Director
cc: Cana-Hissioners
File
::Analyst
.Pxaveen Gupta
5/83
HtYLY I U
ATTENTION OF:
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 2711 -
LOS ANGELES, CALIFORNIA 90053-2325
Lancer Landing Limited
2171 Campus Drive, Suite 100
Irvine, California 92715
Gentlemen:
"September 25, 1985
Reference is made to your request of September 12, 1985 (85 -193 -BB).
Under the provisions of Section 10 of the River and Harbor Act of March 3,
1899 (33 U.S.C. 403), you are hereby authorized by the Secretary of the Army
to modify an existing marina facility by removing two finger docks, moving 2
pilings, and two additional finger docks in north west end of Lido Channel,
Newport Bay, Pacific Ocean at 3101 West Coast Highway, city of Newport Beach,
Orange County, California, as shown on the enclosed drawings and subject to
the enclosed conditions (a) through (z).
Notice of the commencement of the activity must reach this office at least
5 days before the activity actually starts. Please use the enclosed card. In
addition, please note that a copy of this letter is being forwarded to those
agencies and/or individuals on the enclosed list.
BY THE AUTHORITY OF THE SECRETARY OF THE ARMY:
Sincerely,
L�
I
Dennis F. Butle
Colonel, Corps of Engineers
District Engineer
Enclosures
1 -
Agenda Item No. F-13
CITY OF NEWPORT BEACH
Marine Department
September 4, 1985
TO: MAYOR AND CITY'COUNCIL
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATION 128-3017 BY LANCER LANDING INC.
TO REVISE THE COMMERCIAL DOCKS BAYWARD OF 3101 WEST COAST
HIGHWAY
Recommendation:
If desired, approve the application subject to the following conditions:
1. Approval of the California Coastal'Commission,
2. Approval of the Army Corps of Engineers,
3. Public Works approval of plans and specifications,
4. City Building Permit for electrical and plumbing work.
Discussion:
This application is before the City Council as required by Section 5.C.3.
of the Harbor Permit Policies, which states:
5.C.3. "Prior approval. of the City Council will be required
before issuing a permit for shore -connected structures when the
upland abutting property is zoned commercial".
The applicant proposes.a minor revision to the commercial dock to allow the
berthing of a 110 foot vessel. The revision. is an'interior modification
and does not effect the perimeter dimensions of the structure.
David Harshbarger, Marine Director
7
Tony Melum, fidelands Administrator
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. (a) That all activities identified and authorized herein shall be consistent with -the
terms and conditions of this permit; and .that any activities not specifically identified and
authorized herein shall constitute a violation of the terms and conditions of this permit
which may result in the modification, suspension or revocation of this permit, in whole or
in part, as set forth more specifically in Conditions (j) or (k) hereto, and in the institution
of such legal proceedings as the United States Government may consider appropriate,
whether or not this permit has been previously modified, suspended or revoked in whole
or in part..
(b) That all activities authorized herein shall, if they involve a discharge or deposit
Into navigable waters or ocean waters, be at all times consistent with applicable water
quality standards, effluent limitations and standards of performance, prohibitions, and
pretreatment standards established pursuant to Section 301, 302, 306, and 307 of the
Federal Water Pollution Control Act of 1972 (P. L. 92-500; 86 Stat. 816), or pursuant to
applicable State and local law.
(c) That when the activity herein involves a discharge or deposit of dredged or fill
material into navigable waters, the authorized activity shall, if applicable water quality
standards are revised or modified during the term of this permit, be modified, if
necessary to conform with such revised or modified water quality standards within 6
months of the effective date of any revision or modification of water quality standards,
or as directed by an implementation plan contained in such revised or modified standards,
or within such longer period of time as the District Engineer, in consulation with the
Regional Administrator of the Environmental Protection Agency, may determine to be
reasonable under the circumstances.
(d) That the permittee agrees to make every reasonable effort to prosecute the
construction of work authorized herein in a manner so as to minimize any adverse impact
of the construction or work on fish, wildlife and natural environmental values.
(e) That the permittee agrees that it will prosecute the construction or work
authorized herein in a manner so as to minimize any degradation of water quality.
(f) That the permittee shall permit the District Engineer or his authorized
representative(s) or designee(s) to make periodic inspections at any time deemed
necessary in order to assure that the activity being performed under authority of this
permit is in accordance with the terms and conditions prescribed herein.
(g) That the permittee shall maintain the structure or work authorized herein in
good condition and in accordance with the plans and drawings attached hereto.
(h) That this permit does not convey any property rights, either in real estate or
material, or any exclusive privileges; and that it does not authorize any injury to
property or invasion of rights or any infringement of Federal, State, or local laws or
regulations, nor does it obviate the requirement to obtain State or local assent required
by law for the activity authorized herein.
(i) That this permit does not authorize the interference with any existing or
proposed Federal project and that the permittee shall not be entitled to to compensation
for damage or injury to the structures or work authorized herein which may be caused by
or result from existing or future operations undertaken by the United States In the public
interest._
(j) that this permit may be summarily suspended, in whole or in part, upon a finding
by the District Engineer that immediate suspension of the activity authorized herein
would be in the general public interest. Such suspension shall be effective upon receipt
by the permittee of a written notice thereof which shall indicate (1) the extent of the
suspension, (2) the reasons for this action, and (3) any corrective or preventative
measures to be taken by the permittee which are deemed necessary by the District
Engineer to abate imminent hazards to the general public interest. The permittee shall
take immediate action to comply with the provisions of this notice. Within ten days
following receipt of this notice of suspension, the permittee may request a hearing in
order to present information relevant to a decision as whether his permit should be
reinstated, modified or revoked. If a hearing is requested, it shall be conducted pursuant
to procedures prescribed by the Chief of Engineers. After completion of the hearing, or
within a reasonable time after issuance of the suspension notice to the permittee if no
hearing is requested, the permit will either be reinstated, modified or revoked.
(k) That this permit may be either modified, suspended or revoked in whole or in
part if the Secretary of the Army or his authorized representative determines that there
has been a violation of any of the terms or conditions of this permit or that such action
would otherwise be in the public interest. Any such modification, suspension, or
revocation shall become effective 30 days after receipt by the permittee or written
notice of such action which shall specify the facts or conduct warranting same unless (1)
within the 30 -day period permittee is able to satisfactorily demonstrate that (a) the
alleged violation of the terms and the conditions of this permit did not, in fact, occur or
(b) the alleged violation was accidental, and the permittee has been operating in
compliance with the terms and conditions of the permit and is able to provide
satisfactory assurances that future operations shall be in full compliance with the terms
and conditions of this permit; or (2) within the aforesaid 30 -day period, the permittee
requests that a public hearing be held to present oral and written evidence concerning
the proposed modification, suspension or revocation. The conduct of this hearing and the
procedures for making a final decision either to modify, suspend or revoke this permit in
whole or in part shall be pursuant to procedures prescribed by the Chief of Engineers.
(1) That in issuing this permit, the Government has relied on the information and
data which the permittee has provided in connection with his permit application. If,
subsequent to the issuance of this permit, such information and data prove to be false,
incomplete or inaccurate, this permit may be modified, suspended or revoked, in whole or
in part, and/or the Government may, in addition, institute appropriate legal proceedings.
(m) That any modification, suspension, or revocation of this permit shall not be the
basis for any claim for damages against the United States.
(n) That the permittee shall notify the District Engineer at what time the acitvity
authorized herein will be commenced, as far in advance of the time of commencement as
the District Engineer may specify, and of any suspension of work, if for a period of more
that one week, resumption of work and its completion.
(o) That if the activity authorized herein is not started within one year from the
date of issuance of this permit and is not completed withing three years from the date of
issuance of this permit, this permit, if not previously revoked or specifically extended,
shall automatically expire.
(p) That no attempt shall be made by the permittee to prevent the full and free use
by the public of all navigable waters at or adjacent to the activity authorized by the
permit.
.. (q) That if the display of lights and signals on any structure or work authorized
herein is not otherwise provided for by law, such lights and signals as may be prescribed
by the_ United. States Coast Guard shall- be installed and maintained by and at the expense
of the permittee.
(r) That this permit does not authorize or approve the construction of particular
structures, the authorization or approval of which may require authorization by the
Congress or other agencies of the Federal Government.
(s) That if when the permittee desires to abandon the activity authorized herein,
unless such abandonment is part of a transfer procedure by which the permittee is
transferring his interests herein to a third party pursuant to Condition (v) hereof, he must
restore the area to a condition satisfactory to the District Engineer.
(t) That if the recording of this permit is possible under applicable State or local
law, the permittee shall take such action as may be necessary to record this permit with
the Register of Deeds or other appropriate official charged with the responsibility for
maintaining records of title to an interests in real property.
(u) That there shall be no unreasonable interference with navigation by the
existence or use of the activity authorized herein.
(v) That this permit may not be transferred to a third party without prior written
notice to the District Engineer, either by the transferee's written agreement to comply
with all terms and condition of this permit or by the transferee subscribing to this permit
in the space provided below and thereby agreeing to comply with all terms and conditions
of this permit. In addition, if the permittee transfers the interests authorized herein by
conveyance of realty, the deed shall reference this permit and the terms and conditions
specified herein and this permit shall be recorded along with the deed with the Register
of Deeds or other appropriate officials.
(w) That, if the permittee, during prosecution of the work authorized
herein, encounters a previously unidentified archeological or other cultural
resource that might be eligible for listing in the National Register of
Historic Places, he shall immediately notify the District Engineer.
(x) That the permittee shall notify the Commander (oan) 11th Coast Guard
District, Union Bank Building, 400 Oceangate, Long Beach, CA 90822, (213)
590-2222 at least 2 weeks prior to start of the activity and 30 days if buoys
are to be placed.
(y) That the permittee shall control floating debris, from construction
activities, so that none enters the navigable portions of the harbor.
(z) That prior to starting the activities authorized herein, they shall
be authorized by a permit issued pursuant to the California Coastal Act of
1976, as amended.
Copies are being forwarded to:
U. S. Department of Commerce, N.O.A.A.
National Marine Fisheries Service
Southwest Region
300 South Ferry Street, Room 2016
Terminal Island, California
U. S. Department of the Interior
U. S. Fish & Wildlife Service
Division of River Basin Studies
Federal Building, 24000 Avila Road
Laguna Niguel, California 92677
California Department of Fish & Game
ATTN: Environmental Services Supervisor
Marine Resources Region
245 West Broadway
Long Beach, California 90802
-1 ra--
U12
Lancer Landing, Ltd.
2171 Campus Drive
Irvine, CA 92715
(714) 851-0611
Our modifications to the marina at 3101 West Coast Highway consist.of:
(1) Changing the access to the outside slips by cutting a section of
the outside 4 -foot dock and swinging it around to connect with the first
inside finger;
(2) widen this inside finger to 4 feet. The electrical wiring and water
hoses will be under this new access dock;
(3) move two pilings to locations that will better stabilize the
new configuration;
(4) remove one outside finger and one inside finger.
The reason for the change is to create one 110 -foot slip thereby
enhancing the usefulness of our marina.
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Agenda Item No. F-13
CITY OF NEWPORT BEACH
Marine Department
September 4, 1985
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
t
SUBJECT: HARBOR PERMIT APPLICATION 128-3017 BY LANCER LANDING INC.
TO REVISE THE COMMERCIAL DOCKS BAYWARD OF 3101 WEST COAST
HIGHWAY
Recommendation:
If desired, approve the application subject to the following conditions:
1. Approval of the California Coastal Commission,
2. Approval of the Army Corps of Engineers,
3. Public Works approval of plans and specifications,
4. City Building Permit for electrical and plumbing work.
Discussion:
This application is before the City Council as required by Section 5.C.3.
of the Harbor Permit Policies, which states:
5.C.3. "Prior approval of the City Council will be required
before issuing a permit for shore -connected structures when the
upland abutting property is zoned commercial".
The applicant proposes a minor revision to the commercial dock to allow the
berthing of a 110 foot vessel. The revision is an'interior modification
and does not effect the perimeter dimensions of the structure.
David Harshbarger, Marine Director
-Tony Melum, fidelands Administrator
TM:la
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CITY OF NEWPORT BEACI
CALIFORNIA
41 J" MARINE DEPARTMENT City halt
3300 Newport Blvd.
70 Newport F'ic�r (714) 673-2110
APPROVAL I:1 CONCEPT
APPROVAL 114 CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit
application to the South Coast Regional Cor.Lnission pursuant to Cali.tornia
Administrative Code, Sections 13210 and 13211.
(3eneral Description of Proposed Development:
Property Address:
A&)
Legal Description:
City Harbor Permit Number:
Applicant :dz/0Pi-- rL /
Applicant's Flailing Address:
e
Applicant's Telephone Number: (�%T) ����al-
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to
the shoreline. "
2. The grading plan, if any. _
3. The general uses and.intensity of use proposed for each part of
the area covered in the application.
and find
They comply with the current adopted Newport Beach General elan,
Zoning.Ordinance, Subdivision Ordinance, and any applicable) specific
or precise plans or j
. i
0 That a variance or exception has been approved and is final:
iny variance, e:;ception, conditional use permit, or other 'issued
•.f:i-Udt. is attached together with all conditions of approval and ai1 approve; -i
plans including approved tentative tract mans. On the basis of this findin(;,
LhUSe plans are approved in concept and said approval has been writt%•n upon
said plans, signed, and dated.
Should Newport Beach adopt an ordinance deleting, amending, or adding to t}e
Zoning ordinance or other regulations in any manner that would affect that use
of the property or the design of a project located thereon, this ar)rnrr)vai in
concept shall become null and void as. of the effective date of this said
ordinance.
In accordance with the California Eiivironmental Quality Act of 1970,; and state
and ocal guidelines adopted thereunder, this development:
i
as been determined to be ministerial or categorically exempt.
Ollas received a final Exemption Declaration or final Negative Declaration
(copy attached).
Ollas received a Final Environmental Impact Report {copy attached):.
All discretionary approvals legalljr required of Newport Beach prior 'to issuance
of a building permit have been given and are final. The development is not
subject to rejection in principal by :Newport Beach unless a substantial :hange
in it is proposed.
'Phis concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes, and regulations of Newport Beach.
D. Harshbaraer
Marine Director
B y :
Printed/name and tit],e cf indiviJucIl signing
Date:
Attachments:
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yPRIORITY: 0 Yes Yf SANTA ANA, CALIFORNIA
4..� INITIAL -CRIMINAL
iKYYI No. .. ��?
5. LJ FOLLOW-UP CRIMINAL
8. ❑ CONTINUATION PAGE NO.
,aRAD GATES, SHERIFF -CORONER LAST NAMF FIRST-SRFI I nIIT YG44FN nit-TnTltir- FOLLOW-UP REPORT
7. OFFENSE
8. LOCATION OF OCCURRENCE
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SHERIFF'S DEPARTMENT "
ORANGECOUNTY
SANTA ANA, CALIFORNIA
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®F0680-176 (9/76)
OCCIDENTAL PETROLEUM CORPORATt, N
10889 WILSHIRE BOULEVARD, SUITE 1500
LOS ANGELES, CALIFORNIA 90024
(213) 208-8800 879-1700
September 17, 1984
Mr. Tony Melum
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
RE: VALDES/THREINEN
Application for Floating Office
Dear Mr. Melum:
This will acknowledge receipt of your letter dated September 11, 1984
addressed to Mr. Takeuchi here at Occidental.
While Occidental Land, Inc, has no objection in principle to any lawful
use which. Messrs. Valdes and Threinen may wish to make of the property which
conforms with our sublease to them, we do not approve of any use which violates
the law.
I have attempted to reach you by telephone this day, but have been informed
that you are away from your office for three days, and accordingly, I am taking
the liberty of writing you this letter. Please let me know if you need any
further information in regard to this matter from Occidental.
RFM:ay
cc: James F. Penney, Esq.
Bill R. ,Gearhart
Richard V. Valdes
Maurice V. Threinen
Sincerely yours,
Robert F. Mitchell
1 J-5-3017
YACHT CLUB
August 14, 1984
Mr. Tony Melum
City of Newport Beach
P. 0. Box 1768
Newport Beach, California 92663
Dear Mr. Melum:
Please accept our application for a temporary office to be
located at the Bally Yacht Club marina at 3101 West Pacific Coast
Highway.
This floating office will be used during the period of below
ground excavation and pouring of the main floor slab.
At that time temporary office trailers will be used.
Enclosure
Sincerely,
fJervl
Hatfesident
BALLY YACHT AND CHARTER CLUBS INTERNATIONAL, INC.
1939 Deere Avenue • Irvine • California 92714 • (714) 751-7220
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8 August 1984
Jerry Hatfield
President, Bally Yacht and Charter
1939 Deere Ave.
Irvine, Ca 92714
Re: Harbor Permit 128-3017
Dear Mr. Hatfield:
AUG, 13 198
As I indicated to you by telephone it is my opinion that the barge
("vessel") you have moored at your docks at 3101 West Coast Highway
is in violation of sections 17.40 and 17.41 of the Newport Beach
Municipal Code. It is my understanding that you plan on using this
"vessel" as an office during the upland construct;on prior to the
installation of office trailers that will be provided,I assume,
for the existing tenants. You stated this would be about 90 days
and then the "vessel" would be relocated to San Diego.
Approval for what you suggest if it can be approved would require
action by the Newport Beach City Council. Please contact this depart-
ment immediately to begin this process to preclude further action
to remedy this situation.
Sincerely,
Tony el um
TM:el
cc: Richard V. Valdes
J. Jakosky
3300 Newport Boulevard, Newport Beach
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CITY OF NEWPORT BRACH
; + .0. BOX 1"68, N E%Vi ,.;c l i "A 92(,(,-,
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8 August 1984
Jerry Hatfield
President, Bally Yacht and Charter
1939 Deere Ave.
Irvine, Ca 92714
Re: Harbor Permit 128-3017
Dear Mr. Hatfield:
As. I indicated to you by telephone it is my opinion that the barge
("vessel") you have moored at your docks at 3101 West Coast Highway
is in violation of sections 17.40 and 17.41 of the Newport Beach
Municipal Code. It is my understanding that you plan on using this
"vessel" as an office during the upland construction prior to the
installation of office trailers that will be provided,I assume,
for the existing tenants. You stated this would be about 90 days
and then the "vessel" would be relocated to San Diego.
Approval for what you suggest if it can be approved would require
action by the Newport Beach City Council. Please contact this depart-
ment immediately to begin this process to preclude further action
to remedy this situation.
Sincerely,
1
2f�
Tony elum
TM:el %
cc: Richard V. Valdes
J. Jakosky
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3300 Newport Boulevard, Newport Beach
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CITY OF NEWPORT BEACH
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11.0. BOX 1768, NEWPORT BEACH, CA 92663-3884
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September 11, 1984
Ron Takeuchi
c/o Occidental Petroleum
10889 Wilshire Blvd.
Los Angeles, CA 90024
Dear Mr. Takeuchi:
Messrs. Valdes, and Threinen have made application to the City
of Newport Beach to berth a 46'+-. barge at 3101 West Coast
Highway. It is our understanding that this barge will be a
temporary office for the Bally Yacht Club during the early
stages of construction of the new building. (See attached
letter from Jerry Hatfield).
The City of Newport Beach has requested this application, as
we feel that operating a.business off this barge is in
violation of the Municipal Code of the City of Newport Beach.
We are corresponding with you prior to processing this
application to ascertain if you have any interest in this
regard.
Please contact me at your earliest convenience, as the City
of Newport Beach would like to resolve the matter. I can
be reached during business hours at (714) 640-2156.
Very truly yours,
Tony Me um
TM:db
3300 Newport Boulevard, Newport Beach
JAKOS KY TRUST
898 WEST 181- STREET COSTA MESA, CALIFORNIA 92627 PHONE: (714) 548-8781
August 17, 1984
Mr. Clifford Evans, Jr.
vice President, •- Real Rotate
Occidental Petroleum Corporation
10889 Wilshire Boulevard
Lor Angelos, California 90024
Dear Mr, Zvause
I am enclosing a copy of a letter from Mr. Tony
Malum, with the Marine Deepartnent, City of
Newport Beach, regarding a barge moored at 2939,-
3101 W. Coast Sic, hway.
Please request your sub -losses to correct their
viol*ti*n of the City's Municipal Code,
Awaiting your reply 1 remain,
CC:
Mr. Tony Molum
mr. Jim Penney
very truly your*
J. Jakasky, Jr+
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A RICAN LAND TITLE ASSOCIATI�
LEASEHOLD LOAN POLICY -1975
WITH ALTA ENDORSEMENT FORK 1 COVERAGE
CHICAGO TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN
SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF,
CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount
of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may
become obligated to pay heretmder, sustained or incurred by the insured by reason of:
I. Title to the estate or interest described in Schedule A being vested otherwise than as stated
therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of acmes to and from the land;
4. Unmaricetability of such title;
5. The invalidity or unenforceability of the lien of the insured mortgage upon .said estate or interest
except to the extent that such invalidity or unenforceability, or claim thereof, arises out of the
transaction evidenced by the insured mortgage and is based upon
(a) usury, or
(b) any consumer credit protection ontruth in lending law;
6. The priority of any lien or encumbrance over the lien of the insured mortgage;
7. Any statutory lien for labor or material which now has gained or hereafter may gain priority
over the Lien of the insured mortgage, except any such lien arising from an improvement on
the land contracted for and commenced subsequent to Date of Policy not financed in whole or
in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy
the insured has advanced or is obligated to advance; or
8. Any assessments for street improvements under construction or completed at Date of Policy
which now have Qained or hereafter may gain priority over the insured mortgage; or
9. The invaiidiry or unenforceability of any assignment, shown in Schedule A, of the insured
mortgage or the failure of said assignment to vest dtle to the insured mortgage in the named
insured assignee free and clear of ail liens.
In Wirne= Whereor, CHICAGO TITLE INSURANCE COMP.4:N1Y has caused this policy to be signed
and sealed as of the date of poiic�., shown in Schedule A, the polis., to become valid when countersigned
by an authorized sipatory.
Issued by:
CHICAGO TITLE INSURANCE
COMPANY
501 N. Main Street
Santa Ana, California 92701
(714) 541-6391
C'rIICAGO TITLE INSURANCE COMPANY
By -
President.
Cor"ghr !97! A---e—=n Lind rtie ,tbocjadoin
ATTEST:
� 3 Secretary.
r,. r TORN Isar
�.., SCHEOULE
Policy No. 57113-5 ?. 00,000.00
Date _ - of Policy Amount of Insurance S -
Order No. 57113-5 May 30, 1985 Fees 8,300.04
at 8:00a.m
1. Name of Insured:
PLATTE VALLEY FEDERAL SAVINGS AND LOAN ASSOCI._TION,
a federally chartered savings and loan association
2. The estate or interest referred to herein is at Date of Policy vested in;
LANCER LANDING, LIMITED,
a California Limited Partnerhsip
3. The estate or interest in the Iand described in this Schedule and which is enczmbered by the insured mortgage is:
A Sub -Leasehold Estate created by the Sublease hereinafter referred to
in exception =5.
4. The mortgage, herein referred to as the insured mortgage, and the assignmenn thereof, if any, are described as follows:
A deed of trust to secure an indebtedness.
Amount: $7,800,000.00
Trustor: Lancer Landing Limited, a California Limited Partnership
Trustee: First American Title Insurance Company, a Corporation
Beneficiary: Platte Valley Federal Savings and Loan Association,
a federally chartered savings and loan association
Dated: May 22, 1985
Recorded: May 3Q, 1985 as Document NO. 85-19571'-2, Official Records
5. The land referred to in this policy is described as follows:
(SEE ATTACHED DESCIRIPTION)
OOE44
This policy valid only if Schedule a is a"ota*d. -
American Land. Title Assoctwiom- Chicago Tide Insurmce Company
a CHICAGO T;TLE ItiSURANCE COMPANY
—Order No. 57113-5
'SCHEDULE A CONTINUED
DESCRIPTION
PARCEL- A: That portion of Lot M of Tract No;. 919, in the City of Newport
Beach, County of Orange, State of California, as per map recorded in book
29, pages 31 to 34 inclusive of Miscellanecss Maps, in the office of the
County Recorder of said County, described as follows:
Beginning at a point 673.00 feet Easterly on the United States Government
bulkhead line, from the point of intersection of the Easterly line of the
County Road, between Newport Beach and Santa Ana, near the point where it
enters the City of Newport Beach, and the Gnited States Government bulkhead
line as established in 1916 between Stations 127 and 128the point of
beginning being 466.55 feet bearing South 780 59' 36" East from the said'.
point of intersection along said bulkhead line between Stations 127 and
128 and 206.45 feet through an angle of 6* 11' 36" along said bulkhead
line on a curve concave to the South radius of 1910.00 feet, said point of
beginning; begin on the said bulkhead line between Stations 128 and 129;
thence normal to said bulkhead line between Stations 128 and 129, North
17° 12' 00" East a distance of 243.15 feet, more or less, to a point in
the Southerly line of the State Highway named the Coast Boulevard; thence
Southeasterly along the Southerly line of said Coast Boulevard on a -curve
concave to the South, radius of 1870.00 feet a distance of 143.19 feet,
more or less, through an angle -'of 4° 23' 14" to a point; thence South 21
00' 30" West a distance of 243.62 feet, more or less, to a point in the
bulkhead line between 128 and 129 last described line being normal to
bulkhead line between Stations 128 and 129; thence Northwesterly along
said bulkhead line between Stations 128 and 129 on a curve concave to the
South, radius of 1910.00 feet, a distance of 127.00 feet through an angle
of 3° 48' 30" to the point of beginning.
PARCEL B: The westerly 100 feet of Lot G of Tract No. 919, in the City of
Newport Beach, County. of Orange, State of California, as per map recorded
in book 29 pages 31 to 34 inclusive of Miscellaneous Maps, in the office
of the County Recorder of said County.
Also shown of the above Parcel A & B as Parcel 1, in the City Newport
Beach, County of Orange, State of California as per macs recorded in book
184 page 39 of Parcel Maps, in the office of the County Recorder of said
County.
Cod'e:
Parcel:
07-001
049-130-18
SCHEDULE S F�ORM 356:,
57.113-5 57113-5 _?~
Policy Number G-er Number
Loan
PART I
A Th'c-Ggr;eraols �` �15 nd lO Sa°xes�a b reason nothe t foeIlowin ' a -le, for the
Y P-,
Discal year 1985-86.
B. The lien of supplemental taxes, if any, assessed pursuant to the
provisions of Chapter 498, Statutes of 1983 of the State of California.
1. Rights and 'Easements for commerce, navigation_ and fishery, which
affects ;that portion of said land lying Southerly of the concrete bulkheads
wall shown on the A.L.T.A. Survey prepared by Raab Engineering Inc., dated
April 3, 1985.
2. An easement for purposes shown and incidental purposes as
provided in the deed
Recorded: in Book 293 Page 5 Official Records
For: highway purposes
Affects: over the Northerly portion of said Parcel 1
3. A waiver of anv claims for damage to said land as contained in an
instrument
Recorded: in book 293 page 5 Official Records
In Favor of: a waiver of any claims for damages by reason of the
location, construction, landscaping or maintenance of a
highway or freeway contiguous thereto
4. A Lease, affecting the premises herein states, executed by and between
the parties named herein, for the term and upon the terms, covenants and
conditions therein provided
Dated : December 1, 1963
Lessor John J. Jakoskv and Katherine F. Jakoskv
Lessee : F. David Young+
Recorded: December 24, 1963 in book 6853 page 682 'official Records
Said Lease was amended by an instrument dated Fetr-_ary 16, 1967 executed
by united California Bank and John J Jakosky, Jr. as executors under the
Will of John J. Jakosky, deceased and Katherine F. Jakosky and F. David
Young, recorded April 5, 1967 iin book 8217 page 6-2 Official Records,
upon the terms, covenants and conditions therein P,=ovided.
The interest of the Lessee has since passed to De nne Brothers, Inc., a
corporation by an instrument recorded April 5, 19'7 in book 8217 page 688
Official Records."
Continued...
4",
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00616
Authorized Signatory
Schedule 3 of this Policy consists of peges.
American land Title association Chicago Title Insurance Company
CHICAGO TITLE INSURANCE COMPANY
;Order No. 57113-5
SCHEDULE B CONTINUED
5. A subleasehold estate created by that certain lease of said land executed
by and between the parties named herein, for the term and upon the terms,
covenants and conditions in an unrecorded lease referred to therein
between the parties named herein:
Type of Lease: Sublease
Dated October 14, 1981
Lessor : Occidental Land, Inc. ( formerly known as Deane Brothers,
Inc.), a California corporation
Lessee Harrison's Marine, Inc., a California corporation
Term : 41 Yearn
Recorded October 19, 1981 in book 14260 page 500 Official Records as
Instrument No. 22978
The terms,.covenants and conditions of an assignment and assumption of
Sublease
Dated : March 23, 1981
Assignor: Harrison's Marine, Inc., a California corporation
Assingee: Lancer Yacht Corporation, a Delaware Corporation and Richard V.
Valdes and Maurice V. Threinen
Recorded: October 19, 19'81 in book 14260 page 503 Official Records
The interest of Lancer Yacht Corporation has since passed to Richard V.
Valdes and Maurice V. Threinen, by Quitclaim Deed recorded October 19,
1981 in book 14260 page 512 Official Records.
6. The effect of any failure to comply with the terms, covenants,
and conditions of the lease or leases, and amendments thereto, shown
herein.
A deed of trust.(covering a sublease estate) to secure an indebtedness
he amount of which is not stated in said instrument
Trustor: Richard V. Valdes and Rosanne M. Valdes, husband and wife
and M.V. Threinen, an unmarried man, also known as Maurice
V. Threinen
Trustee: Commercebank,•a California corporation
Beneficiary: Commercebank, a California corporation
Dated: October 15, 1981
Recorded: October 20, 1981 in book 14261 page 1010 Official Records
Notice of Default under the terms of the above deed of trust by
the alleged owner and holder of the note secured thereby was
Recorded':December 12, 1984 as Document No 84-515095 Official Records
Executed by: Commerce Bank
Continued.
00C 17
�. .F{}R'M• 36496-,-:..__ _ _ ,._ _ -_ _ _ _ _
CHICaGO TITLE INSL'RaNCE C'QiVIP.4NY
' rder No. 57113-i
SCHEDULE 8 CONTINUED ?�
8. Covenants, conditions: and restrictions, (deleting therefrom any
restrictions based on race, color`, or creed), as provided in a Declaration
Recorded: April 22, 1983 as Instrument No. 83-170580 Official Records
9.. A Covenant and 'Agreement
Executed by Richard V. Valdes and Maurice V. Threinen
Recorded z, December 15, 1983 as Instrument No. 83-569536 Official
Records
10. Any claims of lien that may be'filed against said land by reason
of improvement thereon,
Disclosed by: Notice of Non -Responsibility
Recorded. September 21, 1984 as Document No. 84-394057 Official
Records
Policy Number
•
57113-5
L"o
j
SCHEDULE B FORM 3577
Order Number 57113-5-
PART II
In addition to the matters set forth in Part I of this Schedule. the title to the estate or interest in the land described or
referred to in Schedule A is subject to the following matters, if any be shown. but the Company insures that such matters
are subordinate to the lien or charge of the insured mortgage upon said estate or interest:
An assignment of all right, title and interest in and to the
leasehold referred to
In: Paragraph No. 5
as additional security for the payment of the indebtedness secured
by the deed of trust
Referred to: Part 4, Schedule A
Assignor: Lancer Landing Inc., a California Limited Partnership
Assignee: - Platte Valley Federal Savings and Loan Association,
a federally chartered savings and loan association
Recorded: May 31, 1985 as Document NO. 85-1957910, Official Records
00649
American Land Title Association Chicago Title Insurance Company
CITY OF NEWPORT BEACH
Marine Department
TO: RAY SCHULLER, BUILDING DEPARTMENT
FROM:. Marine Department
SUBJECT: PROPERTY LOCATED AT 3017 WEST COAST HIGHWAY/LANCER LANDING
Ray, attached please find copies of correspondence between me and
the owners of the property or the managing supervisors of the
property at the above address.
It has come to our attention that two, and possibly three, vessels
are being chartered out of this particular -location. What this
translates into is that somewhere.between 50. and 100people
per charter are going across the property on that.catwalk on the
west side (north side?) and using this area on an ongoing
basis as a boarding and disembarking location for these charters.
It is our feeling that this creates a very dangerous situation,
particularly because of the construction going on. It would be
our recommendation that any permits issued to the upland property
owner in regard, to the construction project restrict and severely
limit access to those docks.
It probably should be'stated in the permit that those docks will
be used only by vessel owners and that vessels not be chartered out
of there and large groups not be.allowed to use the facility because
of the ongoing construction project.
If you can help us in this matter it would be greatly appreciated.
Sincerely,
Tony�7
Tidelands Administrator,
TM: db
NEWPORT TOWERS
3121 West Coast Highway
Newport Beach, Calif., 92663
i Z 3"17
2A, Jabour :Semaan
2B Dr. Robert Ravera 1401 Avocado Ave., Suite 4o6, N.B.,9266o
2C John Alden
2D Charles Belasco 206 Via Dijon, N.B., 92663
3B Fred Sherman
3C Wayne Murdock 21.02 Balboa Blvd.,
3D Towers
4AB Loren Whitney
4C Jack Staub/Elta Johnston
4D Dena College 4460 Wilshire Blvd.,
5A Leonard Bedale
5B Karl Bergheer
5C Margaret Sterm
5D Gil Latrielle
6A Dr. Robert Krogh
6B Harry Cossman
6C Dr. John Smith
6D Ken Sarvak c/o Lincoln Enterprises
7AB John Miles
7C Jurgen Soltwedal
7D Cil Latrielle
8AB Art Axelrod
8C Clytie Mead Sparks
Balboa, 92661
L.A., 90010
P.O. Box 2711, N.B.,92663
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TO: City Council, City of Newport Beach
FROM: Lancer Landing, Ltd.
4361 Birch Street
Newport Beach, CA 92660
RE: APPLICATION TO REVISE EXISTING COMMERCIAL
DOCK FACILITIES
1. Drawings - Attached are 40 copies.
a. "Location and dimension of proposed structure in
heavy, solid lines and location of existing
structures on all adjacent properties in light
dashes."
(See attached drawings)
b. "Location of bulkhead, pierhead and project lines."
(See attached drawings)
C. "Location of property lines, and lot size."
(See attached drawings)
d. "Location of channel markers within 200 feet of the
construction."
( None - )
e. "Existing ground profile, and area and profile of
any dredging with elevations showing depths with
respect to MLLW."
( None )
f. "Elevation of top and bottom of piles and bulkheads
with respect to MLLW."
( None )
g. "Any special conditions affecting the construction
or affecting boating operations."
( None )
Dated: October 24, 1986 LANCER:LANDIN , LTD
E�
BY: _
Lancer Landing, Ltd.
4361 Birch Street
Newport Beach, CA 92660
(714) 851-0611
October 24, 1986
Tony Melum
Tidelands Administrator
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
RE: HARBOR PERMIT NO. 128-3017
Dear Mr. Melum:
Enclosed is application card, check in the amount of
$365.00 and application for revised permit with attached
drawings. We hope this covers everything you requested.
Very truly yours,
November 24, 1986
TO:
FROM:
SUBJECT:
Recommendation:
CITY OF NEWPORT BEACH
Marine Department
MAYOR AND CITY COUNCIL
Marine Department
AGENDA ITEM NO. F-17
HARBOR PERMIT APPLICATION 128-3017 BY LANCER LANDING, LTD.
FOR A REVISION TO THE COMMERCIAL DOCKS BAYWARD OF
3101 WEST PACIFIC COAST HIGHWAY..
If desired, approve.the application subject to the following conditions:
1. Approval of the Army Corps of Engineers
2. Approval of the California Coastal Commission
3. Approval of the City Public Works Department for plans and
specifications
4. Approval of. the City Building Department:�,for any revisions to the
electrical and plumbing brought down onto the docks
5. That`ainy vessel berthed in the revised slip be prohibited from
chartering from this location
6. That when the upland improvements are. completed, .they provide for the
necessary parking and sanitation facilities as outlined in
Sections 17 and 19 of the Harbor Permit Policies.
Dicruccinn.
This application is before the City Council as required by Section 5.C. (3)
of the Harbor Permit Policies, which states:
"S.C. "Prior approval of the City Councilis. required before issuing
a permit for shore -connected structures when: (3) The abutting upland
property is zoned commercial."
The proposed revision, as indicated on the attached.dr_awing; has.already
been made to the dock. The property owner was contacted after the fact
and instructed that a Harbor Permit would be required for this revision.
The property owner is now before the City council, asking for approval of
these changes after the fact.
In the past, this -very larbe, double -wide slip has been used to berth vessels
for charter. The Marine Department.and other departments of the City, have
received numerous complaints when charter vessels have been berthed in this
location. The complaints have ranged from concerns about inadequate trash
disposal, inadequa?te loading facilities, inadequate parking, and the creation
Item F-17, page 2
of unacceptable volumes of noise, causing disturbances to adjoining residences,
particularly on. the west side where a large condominium is located. For these
reasons, the Marine. Department has recommended that any large boats berthed
in this area be prohibited from chartering out of this location.
The basic configuration of the docks remain unchanged, except for the
removal of a headwalk, which creates the -very large slip noted on the
drawing. It will be necessary, when the upland portion of the property
is completed and developed, that parking, restroom and safety facilties
be provided for the marina as a whole. This revision should not affect those
requirements..
David. Harshbarger
Marine Director
Tbny M um
Tidelands Administrator
TM: db
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SEE ATTACHED MAPS AND DRAWINGS.
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D_QU
PONTOONS PONTOONS SHALL BE CROSS-LINKED POLYETHYLENE FOAM
AM
GENERAL NOTES & SPECIFICATIONS REQUIREMENT THE CONTRACTOR SHALL FURNISH ALL TOOLS, MATERIALS, FILLED, AS SUPPLIED BY HENDERSON MARINE SUPPLY OR
-IALL PERFORM ALL 3Y
EQUIPMENT AND SUPPLIES AND SI PRECAST CONCRETE FOAM FILLED AS MANUFACTURED BY
PROJECT ALL ELEVATIONS SHOWN ARE BASED ON MEANLOWER LOW LABOR, SUPERVISION, AND PROFESSIONAL SERVICES A COMPANY EXPERIENCED IN PRODUCING LIGHTWEIGHTT
DATUM WATER (MLLW) = O�00 NECESSARYFOR THE FABRICATION, ASSEMBLY AND CONCRETE UNITS.
MEAN SEA LEVEL (MSL) = 4-173 FT, (MLLW) INSTALLATION OF T14E FLOAT ING DOCKS AS INDICATED ON
THE DRAWINGS, IN THE SPECIFICATIONS, AND AS SPECIFIED PRESTRESSED PRESTRESSED CONCRETE PILES SHALL CONFORM TO THE
DIMENSIONS DIMENSIONS SHOWN ON THE PLANS ARE APPROXIMATE HEREIN, CONCRETE FOLLOWING MINIMUM REQUIREMENTS:
AND INTENDEDTO SHOW THE SCOPE OF THE WORK. PILES
CONTRACTOR IS RESPONSIBLE FOR VERIFYING DIMENSIONS 1) PORTLAND CEMENT SHALL CONFORM TO ASTM C-150
INTHE FIELD, MATERIALS MATERIALS OR EQUIPMENT NOTED IN THESE TYPE 11 (MODIFIED) -- MINIMUM 7 SACKJC,Y,
STANDARD 1) ALL MATERIALS AND WORK SHALL CONFORM TO THE SPECIFICATIONS BY A TRADE OR MANUFACTURER'S NAME 2) IF USED, WATER REDUCING ADMIXTURES SHALL
SPECIFICATION REQUIREMENTS OF "STANDARD SPECIFICATIONS FOR ARE SO DESIGNATED PRIMARILY TO ESTABLISH STANDARDS CONFORM TO AsTm C-494. CALCIUM CHLORIDE1 SFLAd,L
-EN BOOK"), 1994 OF QUALITY, FINISH, APPEARANCE AND PERFORMANCE, IN
PUBLIC WORKS CONSTRUCTION" ("GRE GENERAL, SUCH DESIGNATIONS ARE NOT INTENDED TO NOT BE USED FOR ANY REASON.
EDITION OR LATER, EXCEPT AS NOTED BELOW, LIMIT THE CHOICE OF MATERIALS AND EQUIPMENT TO THE TE
CONFLICTS WILL, BE RESOLVED BY THE ENGINEER, 3) AGGREGA _- SHALL CONFORM TO ASTM C-33 OR C-330,
SPECIFIC PRODUCT NAMED, REQUESTS FOR SUBSTITUTIONS
2) ALL ASTM DESIGNATIONS TO BE THE LATEST PUBLISHED OF MATERIALS OR EQUIPMENT FOR THOSE SPECIFICALLY 4) WATER SHALL BE CLEAN AND POTABLE ONLY,
EDITION� DESIGNATED SFIALL BE CONSIDERED BY THE MARINA
ENGINEER. THE BURDEN OF DEMONSTRATING 5) WATE-R/CEMENT RATIO SHALL NOT EXCEED 0,40,
EQUIVALENCE SHALL BE THE RESPONSIBILITY OF THE
PREPARES. IN ALL CASES, THE DECISION OF THE MARINA 6) ACTUAL MIX SLIAL.L, BE SUBMITTEDTO THE MARINA
ENGINEER SHALL PREVAIL.
ENGINL-_ER FOR APPROVAL,
ALL MATERIAL SHALL BE NEW AND OFTHE SPLCIFIED 7) MINIMUM 28 -DAY COMPRESSIVE STRENGTH,.
REQUIREMENT THE CONTRACTOR SHALL FURNISf I ALL TOOLS, MATERIALS, QUALITY� ALL WORK SLIALL BE DONE AND COMPLETED [N
F'c 6000 PSI,
EQUIPMENT AND SUPERVISION NECESSARY TO INSTALL THOROUGH WORKMAN -LIKE MANNER, NOTWITHSTANDING
GUIDE PILES AS SHOWN ON THE DRAWINGS AND AS ANY OMISSION FROM THESE SPECIFICATIONS, ALL
8) MINIMUM RELEASE STRENG"I'll 3500 PSL
SPECIFIED HEREIN, PILING CONTRACTOR SHALL BE MATERIAL AND WORKMANSHIP OF WHATEVER
QUALIFIED AND EXPERIENCED IN THIS TYPE OF PILE DESCRIPTION SHALL BE SUBJECT TO THE INSPECTION OF, 9) PRESTRESSING STRAND: 1/2-I'NCH DIA,
INSTALLATION. AND REJECTION BY, THE MARINA ENGINEER, IF NOT IN
270 KSI PER ASTM A-416,
CONFORMANCE WITH THESE SPECIFICATIONS. ALL,
ALIGNMENT ALL GUIDE PILING SHALL BE PLACED WITHIN A HORIZONTAL DEFECTIVE WORK OR MATERIALS SHALL BE REMOVED
10) WIRE SPIRAL, CONFORMING TO ASTM A-82 WITH GAGE
& TOLERANCE OF PLUS OR MINUS 3 INCHES AND A VERTICAL FROMTHE PREMISES BYT1-lE CONTRACTOR, WHETHER IN AS SHOWN ON PLANS,
TOLERANCES TOLERANCE OF PLUS OR MIN -US 3 INCHES. THE PILING PLACE OR NOT, AND SHALL BE REPLACED OR RENEWED AS
SHALL BE PLUMB TO WITHIN 3/4 INCHES IN A 10 -FOOT DIRECTED BY THE MARINA ENGINEER.
VERTICAL MEASUREMENT, PILE GUIDES SHALL BE
POSITIONED IN SUCH A MANNER THAT THE SYSTEM SHALL, LUMBER, I ALL EXPOSED LUMBER SHALL BE SELECT sTRucTURAL,
NOT MOVE HORIZONTALLY MORETHAN I INCH BEFORE DOUGLAS FIR, S4S, AND PICKED FOR APPEARANCE,
ENCOUNTERING GUIDE PILING, CUTOFF ELEVATION + I 1 2) ALL INTERIOR LUMBER SHALL BE NO, I GRADE OR
MLLW� BETTER, DOUGLAS FIR, S4S, WITH NO LOOSE KNOTS OR
OTHER DEFECTS
LIANDLING I PRESTRESSED CONCRETE PILES SHALL NOT BE
& DELIVEREDTO THE JOB SITE UNTIL AT LEAST SEVEN (7)
LL)", '13ER 1) ALL LUMBER FOR THE CONSTRUCTION OF THE
DRIVING DAYS AFTER CASTING AND CONCRETE HAS ACHIEVED TREATMENT FLOATING DOCKS SHALL BE PRESSURE TREATED WITH
,SPECIFIED MINIMUM STRENGTH, CERTIFICATE OF DATE WATER -BORNE SALTS PER AW13A SPECIFICATION CO -80
017CASTING AND CONCRETE TEST RESULTS SHALL BE TO PREVENTDRY ROT. (CCA 0,40 L,B,/CU,FT, RETENTION
SUPPLIEDTOTHE ENGINEER FOR EACH PILE, ORTO REFUSAT-)
2) CARE SHALL BE TAKEN 1-0 AVOID DAMAGE TO THE
PILES DURING REMOVAL FROM THE FORMS, HANDLING,
TRANSPORTATIONTOTHE SITE, AND DRIVING. 2) NO INCISING OF EXPOSED LUMBER. ALL FIELD CUTS
3) ALL PILES SHALL BE DRIVEN BY SUCH METHODS AND AND BORED HOLES SHALL RECEIVE A HEAVY BRUSH
EQUIPMENT AS WILL NOT IMPAIR THEIR STRENGTH OR COAT OF CONCENTRATED "CUPRINOL" OR
EQUIVALENT,
DAMAGE THE PILES,
4) REQUIREMENTS FOR HANDLING DURING DRIVING HARDWARE I ALL STEEL HARDWARE, INCLUDING BOLTS, CLEATS,
OPERATIONS SHALL BE THE- SAME- AS THOSE FOR CLIP ANGLES, ETC,, SHALL BE HOT DIP GALVANIZED
HANDLING AFTER FABRICATION, BUT IN ADDITION, AFTER FABRICATION,,
SPECIAL PRECAUITIONS SHALL BETAKEN TO PREVENT 2 GALVANIZED FLATCUT WASHERS SHALL BE USED
DEVIATIONS FROM PLUMB OR TRUE POSITION WI -11714
DRIVING. UNDER ALL NUTS AND BOLT HEADS BEARING ON WOOD
SURFACES, EXCEPT NO WASHERS UNDER CARRIAGE
BOLT HEADS,
5) SHOULD ANY OBSTRUCTIONS BE ENCOUNTERED WHICH 3) ALL STEEL ANGLES, PLATES AND SHAPES USED FOR
PREVENT THE PILE FROM REACHING ADEQUATE FABRICATION SHALL BE PER ASTM SPEC, A-_36, ALI.,
PENETRATION OR CAUSE THE PILE TO DRIFT FROM THE BOLTS SHALL BE PER ASTM SPEC, A-307,
REQUIRED LOCATION, DRIVING SHALL CEASE, AND THE 4) ALL. NUTS SHALL BE RE -TIGHTENED IMMEDIATELY
CONTRACTOR SHALL NOTIFY THE MARINA ENGINEER
FOR INSTRUCTIONS OF CORRECTIVE ACTION. BEFORE PLACING THE DECKING,
6) UNDER NO CIRCUMSTANCES ARE PILES TO BE JACKED PILE CAPS 14 -1 -NCH DIAMETER FIBERGLASS PILE CAPS SHALL BE PART
OR OTHERWISE FORCED INTO PROPER ALIGNMENT NO. C-23 AS MANUFACTURED BY INNOVATION INDUSTRIES;
OR APPROVED EQUAL, SECURE PILE CAP TO PILE WITH A
AFTER DRIVING HAS BEEN COMPLETED.
MASTIC MATERIAL SIMILAR'TO "BIG STICK" AS
7) PILES THAT ARE OVERDRIVEN, MISLOCATED OR MANUFACTURED BY U,S, PLYWOOD CORPORATION, OR
DRIVEN OUT OF ALIGNMENT SHALL BE WIT14DRAWN APPROVED EQUAL�
AND REDRIVEN AT NO COST TO OWNER, PILES THAT
ARE DAMAGED DURING HANDLING OR DRIVING SHALL PILE GUIDES ALL PILE GUIDES SHALL BE DESIGNATED WITH A MINIMUM
OF FOUR (4) 3" X 5" BLACK POLYURETHANE OR NYLON
BE REPLACED WITH A PILE OF EQUAL SIZE AND DE
ROLLERS AS MANUFACTURED BY "LINCO", HENDERSON
AT NO EXPENSE TO THE OWNER,
MARINE SUPPLY, MARINA DOCK SUPPLY; OR APPROVED
JETTING JETTING OF PILING WILL BE ALLOWED, EQUAL. ROLLERS TO BE BOLTED IN THE SQUARE STEEL
BRACKET THROUGH A STAINLESS STEEL SLEEVE AS SHOWN 405/994
ALTERNATE ALTERNATE ANCHOR PILING oTHERTHAN THOSE SHOWN ON THE PLANS, ANY ROLLERS DRILLED OFF CENTER WILL
ANCHOR ONTLIE PLANS WILL BE CONSIDERED PROVIDED THEY ARE BE REJECTED. ROLLERS SHALL HAVE A, "SHORE" HARDNESS RICHARD K. SHOGREN & ASSOCIATES
PILING PRE -STRESSED CONCRETE AND HAVE,AN EQUAL OR DUROMETER READING OF 65-70.
CONSULTING CIVIL ENGINEERS
GREATER LATERAL LOADING ABILITY. ALTERNATES MUST 14) 636-1620
GARDEN GROVE, CA (7
BE REVIEWED AND APPROVED BY THE MARINA ENGINEER,
SCALE: AS NOTED APPROVED BY: [DRAWN BY SFK
Nq- 1 31'7*1
Exg DATE 4/17/95 REV15ED
cIv\
DOCK INIODIF ICATION
DRAWING NUMBER
CHARTER MEMORIES, INC.
NO DATE REVISION BY 1301 W. Pacific Coast 11' N l"t li-ach, CA 2 of 2
162636 APR 9 0 1995
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