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C-2637(A) - Whitecliffs Drive, 1 - North Star Beach - Joint Power Agreement 2023
NORTH STAR BEACH — JOINT POWER AGREEMENT BY AND BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH This JOINT POWER AGREEMENT ("Agreement") is entered into by and between the County of Orange, a political subdivision of the State of California ("County"), and the City of Newport Beach, a California municipal corporation and charter city ("City"), and is made on the basis of the following facts, intentions and understandings. County and City are at times individually referred to as "Party" and collectively as "Parties" herein. RECITALS A. County and City are each owners of an undivided one-half interest in approximately twelve (12) acres of tidelands and a parcel of approximately four (4) acres located at 1 Whitecliffs Drive, Newport Beach, California, Assessor's Parcel Number 117-381-06 ("Property"). The two properties are together commonly known as North Star Beach, and are more particularly described in Exhibit "A" ("Legal Description"), and more particularly depicted in Exhibit "B" ("Property Depiction") which are attached hereto and incorporated herein by reference. B. The Property is subject to restrictions, including but not limited to, the express condition of the Legislative Tidelands Grant, Chapter 415 of the California State Statutes of 1975 and Chapter 74 of the California Statues of 1978, as amended, ("Tidelands Grant"), the Corporation Grant Deed recorded on April 22, 1975 in Book 11382, Page 1923, Official Records of the County of Orange (whereby the Irvine Company granted a portion of the Property to the County and City jointly), and the Grant Deed recorded on March 13, 1978 in Book 12594, Page 990, Official Records of the County of Orange (whereby County granted to City a one-half interest in a portion of the Property) for the development of a mutually beneficial public recreation facility. C. The Tidelands Grant requires the Tidelands to be used to promote the public's interest in water -dependent or water -oriented activities, as described more fully therein. The Tidelands Grant provides the Tidelands shall not, at any time, be granted, conveyed, given, or alienated to any individual, firm or corporation for any purpose whatever except pursuant to City's grant of either a franchise or lease. The Tidelands Grant authorizes the City to enter into leases of the Tidelands for a period not exceeding fifty (50) years so long as such leases are consistent with City's obligations to hold the Tidelands in trust for the uses and purposes contained in the Tidelands Grant. D. All development and use of the Property shall be subject to and in conformance with restrictions on the use of the Property, as referenced by this Agreement. E. On March 24, 1987, the Parties entered into a North Star Beach — Joint Power Agreement ("Joint Power Agreement") as a means of supervising the development, construction and operation of an aquatic center by the Newport Aquatic Center, a non-profit public benefit corporation ("NAC"), and giving the City the power to execute a ground lease with the County's concurrence. F. Under the 1987 Joint Power Agreement, the Parties determined that construction of an aquatic center on North Star Beach constitutes a significant benefit to both County and City in that the facility is available for use by members of the general public to serve the needs of the large number of persons who own human -powered watercraft and provide additional facilities to serve the general public for activities such as public fishing access. G. This Joint Power Agreement replaces and supersedes the 1987 Joint Power Agreement. The Parties have determined that the NAC's continued operation and maintenance of the aquatic center and the uses to which it would be put are consistent with the benefits, limitations, and restrictions imposed on the Property. H. The Parties continue to deem it to be to the mutual advantage of the Parties hereto and in the public interest to treat the above -described Property as a single parcel and designate the City to administer the continued operation and maintenance of the aquatic center on North Star Beach. NOW, THEREFORE, in consideration of mutual interests to provide public aquatic recreation facilities, County and City agree as follows; 1. The Property commonly known as North Star Beach, which is legally described in Exhibit "A" and depicted in Exhibit "B" shall, for purposes of this Agreement, be considered a single parcel. 2. As joint owner of the Property, County consents to City's unilateral action of entering into a fifty (50) year ground lease, consistent with the terms of the Tidelands Grant, provided: (a) The Property is leased to a non-profit corporation offering the public unique opportunities in the Olympic water sports of rowing, canoeing, kayaking and outrigger canoe competition; (b) A proposed Amended and Restated Ground Lease ("Lease") between the City and NAC has been submitted to the County Executive Office, Real Estate Services, for the County of Orange for review and approval, and the Lease is in substantially the same form as the document attached to this Agreement as Exhibit "C" and incorporated herein; (c) The use of the Property shall be limited to those uses specified in the City of Newport Beach Use Permit No. 3104, as amended, and Coastal Development Permit No. 5-84-786 and 5-84-786A ("Use Permits"), attached hereto and incorporated herein as Exhibits "D" and "E," respectively; and (d) City shall be the "lead agency" with respect to any environmental documentation required by any project (as that term is defined in the California Environmental Quality Act ("CEQA") Guidelines) undertaken by NAC or the City on the Property. North Star Beach — Joint Power Agreement Page 2 3. City shall review and approve any schematic and final construction plans and specifications for any construction on the Property proposed by NAC, perform any and all inspections, and issue any final certificates of occupancy. Copies of any approved plans and specifications shall be provided to the County Executive Office, Real Estate Services, for the County of Orange, at the County's request. 4. Any and all development, construction, operation, and maintenance of the aquatic center shall be at no cost to City or County, provided that City staff shall be responsible for administering the operation of the aquatic facility to insure it is being used in conformance with this Agreement, Use Permit(s), and the Lease. 5. Use of the aquatic center and all its facilities shall be granted to all residents of County on an equal basis as residents of City. No person shall, on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome ("AIDS") or any condition related thereto, marital status, sex, sexual orientation or any other impermissible basis under the law, be excluded from participation in, be denied benefits of, or be subjected to discrimination under, any program or activity conducted by the NAC or within facilities constructed on the Property. 6. City shall ensure the public has access to the aquatic center facilities, including restrooms and public parking, and that the development, operation, and maintenance of the aquatic center promote public access to the water. 7. The Lease shall require NAC to provide adequate assurance that any future construction on the Property shall be constructed in a timely manner. 8. City shall, to the extent permitted by law, indemnify, defend, and hold harmless the County and it officers, agents, and employees, from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon the negligence or wrongful act or omission of City or its City Council, boards and commissions, officers, agents, volunteers, or employees, in approving the Lease, approving any final construction plans, specifications, and building inspections. The Lease shall contain a provision requiring NAC to name the County as an additional insured with respect to any and all operations or activities conducted by NAC from or at the leased premises. County shall, to the extent permitted by law, indemnify, defend, and hold harmless the City and its officers, agents, and employees, from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorney's fees), resulting from, arising out of, or based upon the negligence or wrongful act or omission of County or its Board of Supervisors, committees and commissions, officers, agents, volunteers, employees, in approving the Lease. The Lease shall contain a provision requiring NAC to name the City as an additional insured with respect to any and all operations or activities conducted by NAC from or at the leased premises. North Star Beach — Joint Power Agreement Page 3 9. All land and improvements thereon shall remain the joint property of County and City, and shall be maintained and operated for public park and recreation purposes consistent with the terms of the grant deed by which County conveyed a one-half interest in the Property to City. 10. All notices pursuant to this Agreement shall be addressed as set forth below or as either Party may hereafter designate by written notice and shall be sent through First Class U.S. Mail: To County: County of Orange Aftn: County Executive Office, Real Estate 333 W. Santa Ana Boulevard, 3rd Floor Santa Ana, CA 92701 To City: City of Newport Beach Attn: Real Property Administrator 100 Civic Center Drive Newport Beach, CA 92660 11. Standard Provisions. 11.1 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the County and City and their respective heirs, personal representatives, successors and assigns. County shall have the right to assign this Agreement or any interest or right under this Agreement without obtaining the prior consent of the City. 11.2 No Attorneys' Fees. In any action between the Parties to interpret, enforce, award, modify or rescind any of the terms or provisions of this Agreement, or any action otherwise commenced or taken in connection with this Agreement, both Parties shall be responsible for their respective litigation costs and attorneys' fees. 11.3 Jurisdiction and Venue. This Agreement shall be construed under the laws of the State of California in effect at the time of the signing of this Agreement. The Parties consent to the jurisdiction of the California courts with venue in County of Orange. 11.4 Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or of any of its terms. Reference to section numbers are to sections in this Agreement, unless expressly stated otherwise. 11.5 Interpretation. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation." This Agreement shall be interpreted as though prepared jointly by both Parties. North Star Beach — Joint Power Agreement Page 4 11.6 No Waiver. A waiver by either Party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement. 11.7 Modifications. Any alteration, change or modification of or to this Agreement, to become effective, shall be made in writing and in each instance signed on behalf of each Party. 11.8 Severability. If any term, provision, condition or covenant of this Agreement or its application to any Party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, and the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 11.9 Cooperation. Each Party agrees to cooperate with the other in the execution of this Agreement and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 11.10 Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all Parties, shall constitute a binding agreement. 11.11 Exhibits Incorporated by Reference. All exhibits and attachments attached to this Agreement are incorporated in this Agreement by this reference. [SIGNATURES ON NEXT PAGE] North Star Beach — Joint Power Agreement Page 5 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective governing bodies on the dates set forth opposite their signatures. Dated : COUNTY: COUNTY OF ORANGE, a political subdivision of the State of California By: Name. Title: Dated: By: Name: Signedin Title: APPROVED AS TO FORM: COUNTY COUNSEL By: unterpart Name�C�ne Title: ATTEST: By: _ .� ;n (;OUnterpart Nance Title: CITY: CITY OF PORT BEACH, a municipal nd charter city Dated: By: _ Noa)(Blom / Mayor APPROVED AS TO FORM: CITY AT S OFFICE By: �, r Aaron C. Harp rhnA M11011y City Attorney ATTEST: r By: ��4 Leilani I. Brown •�.�-0?� City Clerk %�LF0wlN Attachments: Exhibit A — Legal Description Exhibit B — Property Depiction Exhibit C — Proposed Amended and Restated Ground Lease Exhibit D — City of Newport Beach Use Permit No. 3104 Exhibit E — Coastal Development Permit No. 5-84-786 and 5-84-786A North Star Beach — Joint Power Agreement Page 6 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective governing bodies on the dates set forth opposite their signatures. Dated: JLIA4� Dated: APPROVED AS TO FORM: COUNTY COUNSEL By. �1�6 Name:�`fnvl>/rj— Title: Sr. ,,cf�/ ATTEST: By: Name:iyo�/�Yf�. Title: �ni� dYara�r ev Dated: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE By: Aaron C. Harp City Attorney ATTEST: By: COUNTY: COUNTY OF ORANGE, a political subdivision of t e State of California By: Name. Title: C' ct� �XV rUfSa/s By: Name: Title: FACSIMILE SIGNATURE AUTHORIZED PER G.C. SEC. 25103, RESO 79-1535 SIGNED AND CERTIFIED THAT A COPY OF �-°�O�q2 THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD ATTEST: ROBIN STIELER CLERK OF THE BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA CITY: CITY OF NEWPORT BEACH, a municipal corporation and charter city 0 Duffy Duffield Mayor Leilani I. Brown City Clerk Attachments: Exhibit A — Legal Description Exhibit B — Property Depiction Exhibit C — Proposed Amended and Restated Ground Lease Exhibit D — City of Newport Beach Use Permit No. 3104 Exhibit E — Coastal Development Permit No. 5-84-786 and 5-84-786A - `h .star Beach Joint Power Agreement Page 6 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: A parcel of land in Upper Newport Bay adjacent to Block 53, Irvine's Subdivision in the City of Newport Beach, County of Orange, state of California, as shown on a map recorded in book 1, page 88 of Miscellaneous Maps in the office of the County Recorder of said Orange County being bounded as follows: Bounded northerly and northwesterly by the southerly and southeasterly boundary lines of the land described in parcel 3 in a deed to the County of Orange, et al. recorded April 22, 1975 in book 11382, page 1923 of Official Records in the office of said county Recorder. Bounded southwesterly by the northeasterly line of North Star Lane as shown on a map of Tract No. 4224, recorded in book 157, pages 1 through 14 of said Miscellaneous Maps. Bounded easterly and southeasterly by the westerly line of that certain parcel of land described in a deed to the State of California, recorded May 30, 1976 in book 11688, page 1455 of said Official Records. Parcel 2: Beginning at Station 109 of the Ordinary High Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County, said Station begin in the boundary of Tract No. 4224, as per map filed in Book 157, pages 1 through 14, Miscellaneous Maps, records of said County; thence along: said boundary the following described courses: 1. North 45' 21' 40" West 114.37 feet; 2. Northerly 23.56 feet along a 15.00 foot radius curve that is concave Easterly through an angle of 90' 00' 00", 3. North 45' 21' 40" West 60.00 feet; 4. North 44' 38' 20" East 487.52 feet; 5. North 56' 00" 00" West 49.94 feet; 6. North 51 ° 23' 24" East 71.00 feet; 7. North 43' 05' 44" East 72.38 feet; 8. North 340 55' 00" East 78.24 feet; 9. North 54' 28' 12" East 144.11 feet; North Star Beach — Joint Power Agreement Page A-1 10. North 68' 23' 00" East 214.41 feet; 11. North 87' 39' 32" East 364.50 feet; 12. South 74' 08' 02" East 124.04 feet to the Southwesterly corner of Lot 80 of said Tract; thence leaving said boundary. 13. South 160 16' 54" West 100.14 feet, more or less, to said Ordinary High Tide Line; thence along said Line the following described courses: 14. North 80' 02' 37" West 152.20 feet; 15. South 87' 32' 32" West 164.98 feet; 16. South 820 17' 13" West 209.11 feet; 17. South 59' 23' 39" West 213.64 feet; 18. South 320 52' 42" West 725.03 feet to the point of beginning. (End of Legal Description) North Star Beach — Joint Power Agreement Page A-2 EXHIBIT "B" PROPERTY DEPICTION North Star Beach — Joint Power Agreement Page B-1 EXHIBIT "C" PROPOSED AMENDED AND RESTATED GROUND LEASE North Star Beach — Joint Power Agreement Page C-1 AMENDED AND RESTATED GROUND LEASE by and between CITY OF NEWPORT BEACH, a California municipal corporation and charter city "Lessor" and NEWPORT AQUATIC CENTER, INC., a non-profit public benefit corporation "Lessee" Dated as of 2023 AMENDED AND RESTATED GROUND LEASE BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT AQUATIC CENTER, INC. THIS AMENDED AND RESTATED GROUND LEASE ("Lease") is made as of , 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("Lessor' or "City") and NEWPORT AQUATIC CENTER, INC., a non-profit public benefit corporation, organized and existing under and by virtue of the laws of the State of California ("Lessee"). Lessor and Lessee are at times individually referred to as "Party" and collectively as "Parties" herein. RECITALS This Lease is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the Parties: A. Lessor and the County of Orange ("County") are joint owners of approximately twelve (12) acres of tidelands, subject to a public trust, and an approximately four (4) acre parcel located at 1 Whitecliffs Drive (A.P.N. 117-381-06), both of which are located in the City of Newport Beach and are together commonly known as North Star Beach as legally described and more particularly depicted in Exhibit "A" which is attached hereto and incorporated by reference herein ("Property"). B. In November 1982, the qualified electors of the City of Newport Beach approved a Measure, which granted the City Council the authority to lease a portion of North Star Beach for the construction of facilities to promote sports involving human - powered watercraft. C. The portion of North Star Beach selected for the construction of facilities to promote sports involving human -powered watercraft is approximately 3.9 acres of land, as more particularly depicted in Exhibit "B" which is attached hereto and incorporated by reference herein ("Premises"). D. On September 6, 1984, the Planning Commission of the City of Newport Beach approved Lessee's application for a use permit ("Use Permit No. 3104"), as amended August 18, 1988, authorizing the construction of an 18,228 square foot structure to provide facilities for human -powered watercraft and their owners, including boat storage, a multi -purpose area, meeting room, a weight training room, small offices for the conduct and operation of the facility, locker rooms, and such other facilities as may be incidental to sports involving human -powered watercraft. In addition, Lessee proposed to construct a bulkhead along a portion of the beach frontage, build low-lying docks to serve only human -powered craft, landscape the Premises, and provide appropriate public parking, restroom facilities, and access to the beach. Newport Aquatic Center, Inc. Page 1 E. On February 14, 1985, the California Coastal Commission approved Lessee's application for a Coastal Development Permit authorizing the construction of the aquatic center ("Coastal Development Permit No. 5-84-786"), as amended on November 16, 1988 ("Coastal Development Permit No. 5-84-786A"). F. The Property is subject to restrictions, including, but not limited to, limitations specified in Chapter 415 of the California State Statutes of 1975 and Chapter 74 of the California State Statutes of 1978, as amended ("Tidelands Grant"), the Corporation Grant Deed recorded on April 22, 1975 in Book 11382, Page 1923, Official Records of the County of Orange (whereby the Irvine Company granted a portion of the Property to Lessor and County jointly), the Grant Deed recorded on March 13, 1978 in Book 12594, Page 990, Official Records of the County of Orange (whereby the County granted to Lessor an undivided one-half interest in a portion of the Property). G. The Tidelands Grant requires the Tidelands to be used to promote the public's interest in water -dependent or water -oriented activities, as described more fully therein. The Tidelands Grant provides that the Tidelands shall not, at any time, be granted, conveyed, given, or alienated to any individual, firm or corporation for any purpose whatever except pursuant to Lessor's grant of either a franchise or lease. The Tidelands Grant authorizes Lessor to enter into leases of the Tidelands for a period not exceeding fifty (50) years so long as such leases are consistent with Lessor's obligations to hold the Tidelands in trust for the uses and purposes contained in the Tidelands Grant. H. Lessor determined the proposed aquatic center and the uses to which it is put are consistent with the limitations and restrictions imposed on the Property. I. It was determined that the residents of the City, County, and State derive substantial benefit from the construction of the aquatic center in that: 1. Newport Harbor has ideal water conditions for the training and development of world -class rowers, canoers, and kayakers, but no facility existed to accommodate these athletes and there was no organized public program for these specific water sports outside collegiate programs. 2. Construction of the aquatic center would provide a facility for world - class athletes, as well as encourage and provide for public participation in human -powered aquatic sports at all levels of ability; 3. A portion of the aquatic center would be available for use by members of the general public on a daily basis and would be available for use by the City. J. On March 24, 1987, the City and County entered into a North Star Beach — Joint Power Agreement ("Joint Power Agreement") as a means of supervising the Newport Aquatic Center, Inc. Page 2 development, construction and operation of the facility and giving the City the power to execute a ground lease on the County's behalf. K. Lessor and Lessee entered into a Ground Lease on March 24, 1987. L. An Addendum to Ground Lease was fully executed on October 27, 1997, whereby the term of the Existing Lease was extended for twenty-five (25) years after a list of conditions were satisfied, extending the lease term through October 27, 2023 ("Existing Lease"). M. Lessee constructed an access road and an approximately eighteen thousand (18,000) square foot facility on the Premises known as Newport Aquatic Center ("Facility") which includes boat storage, an exercise room, weight room, locker room, meeting room, boat workshop, and dock. N. Lessee is currently occupying and in possession of the Premises and has made and would like to continue to make additional capital investment in the Premises to maintain and upgrade the Facility and therefore desires to enter into this Lease to secure its interest and investment in the Premises. O. Lessor and Lessee waive all notice and other applicable provisions and hereby terminate the Existing Lease and concurrently therewith enter into this Lease. P. On November 20, 2018, the City and County entered into a new North Star Beach — Joint Power Agreement to continue the relationship between City and County as under the previous Joint Power Agreement, and to extend the term of City's power to execute a ground lease on the County's behalf for a maximum of fifty (50) years, under the 2017 North Star Beach - Joint Power Agreement ("2018 JPX) which is attached hereto as Exhibit "C" and incorporated by reference herein. Q. The Parties desire to enter this Lease for a term described herein and to grant Lessee an option to extend the term of this Lease only if the lease term is less than fifty (50) years. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereto agree as follows: LEASED PREMISES Lessor hereby leases to Lessee, for the term specified in Section 2, the Premises. The rights granted to Lessee by this Lease are subject to Lessee's compliance with the terms, covenants and conditions in this Lease. Lessee covenants, as a material part of the consideration for this Lease, to keep and perform each and every term, covenant and condition of this Lease. Newport Aquatic Center, Inc. Page 3 2. TERM 2.1 Initial Term. The "Initial Term" of this Lease shall commence on the Effective Date and shall expire upon the thirtieth (30tl) anniversary thereof, unless terminated sooner as provided herein or extended as provided in Section 2.2. 2.2 Option to Extend. Provided Lessee is not then in default, upon Lessee's written request, and upon approval of Lessor, Lessee may extend the term of this Lease for two (2) additional successive terms of ten (10) years ("Option Term" or "Option Terms") commencing on expiration of the Initial Term or the first Option Term, on the same terms and conditions as contained in this Lease as it may be amended. Lessee may exercise each option by giving Lessor written notice of its intention to extend at least six (6) months prior to expiration of the Initial Term or the expiration of the first Option Term, as the case may be. 2.3 Terms of Lease. The "Term" is defined as the Initial Term and, if exercised, the Option Term or Option Term(s). 2.4 Holdover. This Lease shall terminate and become null and void without further notice upon the expiration of the Term of this Lease or any Option Term. Any holding over by Lessee after the expiration of the Term shall not constitute a renewal or extension and shall not give Lessee any rights in or to the Property, as defined herein, or any part thereof except as expressly provided in this Lease. Any holding over after the expiration of the Term with the consent of the Lessor shall be construed to be a tenancy from month -to -month on the same terms and conditions set forth in this Lease insofar as such terms and conditions may be applicable to a month -to -month tenancy ("Holdover Term"). The month -to -month tenancy may be terminated without cause by Lessee or Lessor upon thirty (30) calendar days' prior written notice to the other. 3. BUSINESS PURPOSES AND USE OF PREMISES 3.1 Business Purposes. During the Term of this Lease, Lessee shall use and occupy the Premises solely and exclusively for the operation of an aquatic center and associated ancillary uses. The Premises shall be used for recreational and instructional activities related to human - powered watercraft, such crafts include, but are not limited to vessels used for rowing, kayaking and canoeing, and involving incidental motorboats used by coaches/trainee's during instructional programs. Permitted related activities include safety instruction, Newport Aquatic Center, Inc. Page 4 classroom/outdoor instruction and physical training which directly enhance the individual's ability to operate human -powered watercraft. Sunbathing, swimming, fishing, picnicking and other passive recreational uses shall be permitted at the beach and bayside area, so long as those activities do not interfere with instructional programs or related activities (comprehensively, "Business Purposes"). 3.2 This Lease is subject to all of the conditions, covenants, restrictions and limitations of Use Permit No. 3104, as amended and Coastal Development Permit No. 5-84-786, as amended. Any amendments to the Use Permit or Coastal Development Permit shall automatically be incorporated into this Lease without further action by the Parties. Additionally, Lessee agrees to comply with the following conditions and/or any other regulatory requirements or restrictions that may be placed on the Property and/or Premises by local, state, or federal agencies with such jurisdiction: 3.2.1 Parking. Eighty-three (83) parking spaces currently exist at the Facility and shall be maintained by Lessee. These parking spaces shall be secured by a chain or gate at the entrance in accordance with the operating hours of the Facility. All employees shall park their vehicles on -site. If parking is utilized for storage of boat trailers required for Lessee's Business Purposes, such use shall be in addition to the minimum 83 parking spaces provided for motor vehicles. The storage of vehicles, boats, boat trailers for or by third parties is strictly prohibited, with the exception of visiting trailers and boats, which shall be allowed on the Premises for the duration of the event. 3.2.2 Hours of Operation. The hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. daily. No outdoor programs shall be offered after the hour of 7:00 p.m. Only advanced training activities are permitted between 6:00 a.m. and 7:00 a.m. Advanced training activities include only non -beginner, proven advanced ability, serious, dedicated, and committed Newport Aquatic Center ("NAC") members. Only NAC participants and/or NAC programs that have obtained permission from and have been certified by the NAC Director may train from NAC between the hours of 6:00 a.m. and 7:00 a.m. The NAC Director is responsible for maintaining and monitoring the amount of early morning users, which shall be limited in size. No public class offerings shall be allowed prior to 7:00 a.m. All early morning NAC users shall be informed of, and have a clear understanding of the NAC "No Noise Policy," contained in Lessee's Facility Management Plan ("FMP"). Newport Aquatic Center, Inc. Page 5 3.2.3 Boat Fabrication. No new boat fabrication shall occur on -site nor shall major boat maintenance occur including, but not limited to sanding and/or grinding fiberglass. Minor boat maintenance and cleaning is permissible. 3.2.4 Trailers and Trailering. Trailering of boats to or from the site shall occur only between the hours of 9:00 a.m. and 4:00 p.m. 3.2.5 Overnight Accommodations. No overnight sleeping accommodations shall be provided on -site. 3.2.6 Reserved. 3.2.7 Weight Training Facilities. The weight training facilities shall be used by NAC participants, and shall not be available to the general public. 3.2.8 Boat and Vehicle Storage. Outdoor boat and/or vehicle storage shall be limited to seasonal storage of outrigger canoes or other equipment used for Lessee's Business Purposes only. Storage of any boats, vehicles or other equipment not related to Lessee's Business Purposes is strictly prohibited. Visiting trailers and boats shall be allowed on the Premises for the duration of the event. 3.2.9 Parking Lot. The gates shall be locked no later than 10:30 p.m. daily. The parking lot lighting shall be turned off no later than 10:30 p.m. daily. No overnight parking of unauthorized vehicles is permitted. 3.2.10 Public Address System. No outdoor public address system or any amplified outdoor sound shall be permitted without a permit issued by the City. 3.2.11 Restrooms. Restrooms shall be made available free of charge to members and the general public during the aquatic center's hours of operation and shall remain locked during non - operating hours. 3.2.12 Point of Contact. Residents shall be provided with a point of contact with the Facility's management, to handle complaints regarding the Facility, such as noisy vehicles in the parking lots or on local streets. Newport Aquatic Center, Inc. Page 6 3.2.13 Mechanical Equipment and Trash Areas. All mechanical equipment and trash areas shall be screened from public view. 3.2.14 Maximum Usage and Public Use. Use of the Facility shall be limited to a maximum of two hundred fifty (250) persons per day. Twenty percent (20%) of the maximum allowable daily use of the Facility shall be reserved for general public walk-in use of the boat launching facilities. The boat launching facilities, public restrooms and public parking shall be available to the general public during the hours of operation of the Facility. Indoor boat storage shall also be made available for members of the general public without requiring them to enroll into any Facility program. 3.2.15 Reserved. 3.3 Personnel. Lessee shall be responsible for hiring the necessary personnel to conduct the daily operation of Facility. Lessee shall comply with all applicable federal, state, and local laws related to minimum wage, social security, nondiscrimination, ADA, unemployment compensation, and workers' compensation. If required by the Lessor, Lessee's employees shall wear a uniform and/or an identification badge and be subject to a background check. 3.4 Compliance with Applicable Laws. Lessee shall comply with all applicable federal, state and local laws including the City of Newport Beach Municipal Code, which may be amended from time to time. 3.5 This Lease is further subject to all of the conditions, covenants, restrictions and limitations of the following: 3.5.1 The Corporation Grant Deed recorded on April 22, 1975 in Book 11382, Page 1923, Official Records of the County of Orange, whereby the Irvine Company granted a portion of the Property to Lessor and County jointly. 3.5.2 The Grant Deed recorded on March 13, 1978 in Book 12594, Page 990, Official Records of the County of Orange, whereby the County granted to Lessor an undivided one-half interest in a portion of the Property. 3.5.3 The provisions of any and all Statutes of the California Legislature granting any portion of the Property to the City or County. Newport Aquatic Center, Inc. Page 7 3.5.4 The 2018 JPA dated November 20, 2018. Lessee shall permit, and provide for, public access for activities permitted under the Tideland Grant, including fishing, to the extent those activities do not interfere with the activities and programs conducted by Lessee. 4. CONSIDERATION 4.1 The consideration for this Lease shall be the continued maintenance and operation of the Facility and the Premises by the Lessee for the Term of the Lease at no cost to Lessor, the commitment of Lessee to continue to utilize the Facility as an aquatic center for the advancement of marine -oriented athletic, educational, and recreational programs and activities, and the right of Lessor and County to utilize the Facility. 4.2 In accordance with City Council Policy F-7, whenever an open bid process is not conducted or fair market value rent is not received for the use of City property, the City shall make specific findings setting forth the reasons thereof. The City is prevented by the Tideland Grant, Coastal Commission guidelines or other restrictions, from selling the Property or converting it to another use. The City finds that Lessee provides an essential or unique service to the community that might not otherwise be provided were full market value of the property required. Additionally, as the Premises is located upon public tidelands and the rent charged is less than fair market value, the City Council finds this use provides a public benefit to the people of California by providing access to a low-cost aquatic center and is therefore a matter of statewide benefit. These findings by the City are of a statewide concern in that the beneficial uses of the property might not otherwise be provided were full market value of the Premises required. 4.3 City Council Policy F-7 provides that if the lessee is not a statewide or national nonprofit organization, the By -Laws and charter documents of such lessee must (i) establish a procedure wherein the election of directors of such lessee is accomplished by an open, democratic and transparent process that allows members to vote, (ii) has a governance and operational structure that is consistent with best practices for non- profit public benefit corporations as determined by the City Council, and (iii) cannot be amended without the prior written consent of the City as lessor. The City Council hereby waives (i), and correspondingly (iii) to the extent it applies to (i). Lessee's By -Laws and charter documents do not provide for the election of directors that allows members to vote. However, based upon the unique services Lessee provides, its board members are appointed through a process that ensures board Newport Aquatic Center, Inc. Page 8 members maintain the requisite experience and contributions to Lessee. 5. CONSTRUCTION/ALTERATION BY LESSEE 5.1 Lessor's Consent. No structures, improvements, or facilities shall be constructed or altered by Lessee without the prior submittal of plans and specifications for the proposed scope of work approved in writing by Lessor. In the event that any future construction or alteration of facilities, structures, or improvements requires any discretionary approval of the City, any conditions imposed by the City relating to the manner, method, design and construction of the structures, improvements or facilities shall also be conditions of this Lease. 5.2 Permits and Approvals. Lessee shall be required to obtain, prior to any construction, all permits, licenses or approvals that may be required from any local, state or federal entities. 5.3 Strict Compliance. All improvements constructed by Lessee on the Premises shall be constructed at no cost to Lessor, in strict compliance with the plans and specifications approved by the City, and coordinated with Lessor for the scheduling of any work. 5.4 Notice of Non -Responsibility. Lessor shall have the right, at any time, to post and maintain on the Premises, and record, as required by law, any notice or notices of non -responsibility provided for the Mechanics' Lien laws of the State of California. 5.5 Licensed Contractors. Lessee shall ensure that all construction and/or alterations is/are performed by licensed and fully bonded contractors. Lessee's contractors and any subcontractors shall obtain insurance in an amount and form to be approved by Lessor's Risk Manager, including workers compensation insurance as required by law, general liability, automobile liability and builder's risk insurance covering improvements to be constructed, all pursuant to standard industry custom and practice. Lessor and County shall be named as an additional insured on the contractor's and any subcontractor's policies. Lessor reserves the right to require Lessee to obtain performance and/or labor and materials bonds for Improvements. Lessor shall have the right, in its sole discretion, to require Lessee to furnish a surety bond satisfactory to Lessor to fully protect the Premises and Lessor from the effect or enforcement of any lien, claim or demand. Newport Aquatic Center, Inc. Page 9 5.6 Construction Hours. Lessee shall ensure that all construction or alterations is/are performed between 7:00 a.m. and 6:00 p.m. on non -holiday weekdays. 5.7 Mechanics Liens or Stop Notices. Lessee shall, at all times, indemnify and hold Lessor harmless from any and all claims for labor or materials in connection with the construction, repair, alteration, or installation of the structures, improvements, equipment or facilities on the Property and/or Premises, and from the costs of defending against such claims, including reasonable attorney's fees. In the event any lien or stop notice is imposed or recorded on the Property and/or Premises as a result of the construction, repair, alteration of the Facility and/or the Property and/or Premises, installation of any equipment, Lessee shall, within thirty (30) calendar days from the filing of the lien or stop notice: 5.7.1 Record a valid release of lien or stop notice; 5.7.2 Deposit sufficient cash with Lessor to cover the amount of the claim or lien or stop notice in question and authorize payment to the extent of said deposit to any person or entity that obtains any judgment with respect to said claim or lien or stop notice; or 5.7.3. Procure and record a surety bond in accordance with the provisions of California Civil Code Section 8424, which frees the Property from the claim of lien or stop notice and from any action brought to foreclose the lien or stop notice. Lessee's failure to comply with the provisions of this Section 5 shall constitute a material breach, and this Lease shall be subject to immediate termination, pursuant to the provisions of Section 23 of this Lease. 6. OWNERSHIP OF IMPROVEMENTS The Facility and all buildings, and improvements, exclusive of trade fixtures, constructed or placed on the Property and/or Premises by Lessee must, upon completion of construction or installation, be free and clear of all liens, claims or liability for labor or material, and shall become the property of Lessor and County at the expiration of this Lease, or earlier termination thereof, at no cost to Lessor and County. Lessor retains the right to require Lessee, at Lessee's cost, to remove the Facility and all related buildings, personal property, and improvements, at the expiration or termination of this Lease subject to the provisions of this Lease. 7. UTILITIES Newport Aquatic Center, Inc. Page 10 Lessee shall be responsible for and pay, prior to the delinquency date, all charges for utilities furnished to or used on the Premises including, without limitation, gas, electricity, sewer, water, refuse collection, telephone service, and cable TV. Satisfactory evidence of such payments shall be delivered to Lessor within five (5) business days of a written request for such information. 8. MAINTENANCE OBLIGATIONS 8.1 Maintenance by Lessee: Lessee assumes full responsibility for operation, maintenance, and repair of the Premises and Facility throughout the Term at its sole cost, and without expense to Lessor or County. Lessee agrees to maintain the Premises and all improvements constructed thereon in good order and repair, and to keep the Premises in a neat, clean, orderly, safe, and sanitary condition. This includes, but is not limited to, the prevention of accumulation of any refuse or waste materials that might constitute a fire hazard or a public or private nuisance. After written notice to Lessee, which notice shall specify the unsatisfactory condition and ten (10) calendar days to cure said condition, the failure of Lessee to cure shall constitute a material breach of the terms of this Lease. 8.2 Maintenance by Lessor: Nothing in this Lease requires Lessor or County to perform any maintenance or repair to the Property or Premises or Facility or to make any improvements whatsoever on or for the benefit of the Property or Premises or Facility. However, with no less than twenty-four (24) hours written notice from Lessor to Lessee, Lessor shall have the right, but not the obligation, to make any emergency repairs related to safety or hazard concerns to or on the Property or Premises or Facility. Lessee shall reasonably cooperate with Lessor in any activity undertaken by Lessor on the Property or Premises or Facility. Lessor may collect its cost for emergency repairs from the Lessee. 9. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS In the event of damage to or destruction of Lessee's buildings, facilities, or improvements located on the Premises or in the event the buildings, facilities, or improvements located on the Premises are declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce such declaration, Lessee shall restore the Premises to substantially the same condition as immediately prior to such destruction at Lessee's own expense to permit full use and occupancy of the Premises for the purposes required by this Lease. Lessee may elect to terminate this Lease by giving notice of such election to Lessor within sixty (60) days after the date of the occurrence of any casualty if the cost of the restoration exceeds the amount of any available insurance proceeds, if the damage has been caused by an uninsured casualty or event, or if Lessee reasonably estimates that repairs will take more than twelve (12) months. Repair, replacement, or reconstruction of improvements within the Premises Newport Aquatic Center, Inc. Page 11 shall be accomplished in a manner and according to plans approved by Lessor no later than three hundred sixty-five (365) days following the event or damage to or destruction. Failure of Lessee to complete the repair, replacement, or reconstruction of the structure or improvements necessary to permit full use and occupancy of the Premises for the purposes required by this Lease within the time periods prescribed herein shall constitute a material breach of the terms of this Lease. 10. INSURANCE Without limiting Lessee's indemnification of Lessor and County, Lessee shall obtain, provide, and maintain at its own expense during the Term of this Lease, a policy or policies of insurance of the type, amounts and form acceptable to Lessor. The policy or policies shall provide, at a minimum, those items described in Exhibit "D," which is attached hereto and incorporated herein by reference. Failure of Lessee to maintain the required insurance and provide written evidence of such coverage to Lessor shall constitute a material breach of the terms of this Lease. 11. HAZARDOUS SUBSTANCES 11.1 Hazardous Substance means: (i) any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. ("CERLCA"); the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conversation and Recovery Act, 42 U.S.C. Section 6901 et seq. "RCRA"); the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the California Hazardous Substance Account Act, Health and Safety Code Sections 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Sections 25249.5 et seq.; California Health and Safety Code Sections 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Sections 25170.1 et seq.; California Health and Safety Code Sections 25501 et seq. (Hazardous Materials Response Plans and Inventory); or the Porter -Cologne Water Quality Control Act, Water Code Sections 13000 et seq., all as they, from time -to -time may be amended or re -codified, (the above -cited statutes are here collectively referred to as the "Hazardous Substances Laws") or any other Federal, State or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect; (ii) any substance, product, waste or other material of any nature whatsoever which may Newport Aquatic Center, Inc. Page 12 give rise to liability under any of the above statutes or under any statutory or common law theory, including but not limited to negligence, trespass, intentional tort, nuisance, waste or strict liability or under any reported decisions of a state or federal court; (iii) petroleum or crude oil; and/or (iv) asbestos. 11.2 From the Effective Date and throughout the Term, Lessee shall not use, occupy, or permit any portion of the Premises or Facility to be used or occupied in violation of any Hazardous Substance Laws. 11.3 Notwithstanding any contrary provision of this Lease, and in addition to the indemnification duties of Lessee set forth elsewhere in this Lease, Lessee agrees to indemnify, defend, protect, and hold harmless Lessor and County with legal counsel of their choosing, their elected officials, officers, employees, agents, attorneys, volunteers and representatives from and against any and all losses, fines, penalties, claims, demands, obligations, actions, causes of action, suits, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs), damages, judgments, or liabilities, including, but not limited to, any repair, cleanup, detoxification, or preparation and implementation of any remedial, response, closure or other plan of any kind or nature which the Lessor or County, their officials, officers, employees, agents, attorneys, volunteers or assigns may sustain or incur, or which may be imposed upon them, in connection with any breach of Lessee's obligations or representations in this Lease, the use of the Premises or Facility under this Lease arising from or related to the Lessee Parties (defined below) storage or deposit of Hazardous Substances in violation of Applicable Laws. This section is intended to operate as an agreement pursuant to Section 107(e) of CERCLA, 42 USC Section 9607(e), and California Health and Safety Code Section 25364, to insure, protect, hold harmless, and indemnify Lessor for any claim pursuant to the Hazardous Substance Laws or the common law. 11.4 Lessee does not, and shall not, authorize any third party to use, generate, manufacture, maintain, permit, store, or dispose of any Hazardous Substances in violation of Applicable Laws on, under, about or within the Premises. 11.5 Upon expiration or earlier termination of this Lease, Lessee shall deliver possession of the Premises in compliance with Hazardous Substance Laws. 11.6 If during the Term of this Lease, Lessee becomes aware of (i) any actual or threatened release of any Hazardous Substances on, in, under, from, or about the Property or Premises in violation of Newport Aquatic Center, Inc. Page 13 Hazardous Substance Laws; or (ii) any inquiry, investigation, proceeding, or claim by any government agency or other person regarding the presence of any Hazardous Substances in violation of Hazardous Substance Laws on, in, under, from or about the Property or Premises, Lessee shall give Lessor written notice of the release or inquiry within five (5) calendar days after Lessee becomes aware or first has reason to believe there has been a release or inquiry and shall simultaneously furnish to Lessor copies of any claims, notices of violation, reports, warning or other writings received by Lessee that concern the release or inquiry. 11.7 If the presence of any Hazardous Substances brought onto the Property or Premises by Lessee or Lessee's employees, agents, sublessees, licensees, concessionaires, contractors, or invitees ("Lessee Parties"), or generated by same during the Term of this Lease, results in contamination of the Property or Premises or adjacent properties or the Newport Harbor in violation of Hazardous Substance Laws, Lessee shall promptly take all necessary actions, at Lessee's sole expense, to remove or remediate such Hazardous Substances in full compliance with Applicable Laws. Lessee shall provide notice to Lessor prior to performing any removal or remedial action. Lessee shall not propose nor agree to any covenant of use restriction as part of any removal or remediation required as a result of this provision without Lessor's written consent. Lessee shall pay any costs Lessor incurs in performing Lessee's obligation to clean- up contamination resulting from Lessee's operations or use of the Premises. 11.7.1 Should any clean-up of Hazardous Substances not be completed, for which Lessee is responsible, prior to the expiration or sooner termination of the Lease, including any extensions thereof, then Lessee shall transfer the amounts required to complete clean-up into an escrow account, together with Lessor -approved instructions for the disbursement of such amount in payment of the costs of any remaining clean-up as it is completed, and (ii) if the nature of the contamination or clean-up required of Lessee is of such a nature as to make the Premises untenable or unleasable, then Lessee shall be liable to Lessor as a holdover lessee until the clean-up has been sufficiently completed to make the Premises suitable for lease to third parties. The estimated cost of the clean-up shall require approval of the Lessor. 11.7.2 If Lessor determines, in its reasonable discretion, that Lessee does not have insurance or other financial resources sufficient to enable Lessee to fulfill its Newport Aquatic Center, Inc. Page 14 obligations under this provision, whether or not accrued, liquidated, conditional, or contingent, then Lessee shall, at the request of Lessor, procure and thereafter maintain in full force and effect such environmental impairment liability and/or pollution liability insurance policies and endorsements, or shall otherwise provide such collateral or security reasonably acceptable to Lessor as is appropriate to assure that Lessee will be able to perform its duties and obligations hereunder. 11.8 Lessee's obligations in this Section 11 shall survive the expiration or earlier termination of this Lease. 12. ASSIGNING, SUBLETTING AND ENCUMBERING PROHIBITED Lessee shall not mortgage, pledge, hypothecate, encumber, transfer, sublease, or assign its interest in this Lease, the Premises, or any structure located on the Property or Premises. 13. EMINENT DOMAIN In the event the whole or part of the Premises, the Facility or improvements is condemned by a public entity in the lawful exercise of the power of eminent domain, this Lease shall cease as to the part condemned upon the date possession of that part is taken by the public entity. If only a part is condemned and the taking of that part does not substantially impair the capacity of the remainder to be used for the purposes required in this Lease, Lessee shall continue to be bound by the terms, covenants and conditions of this Lease. If only a part is condemned and the taking of that part substantially impairs the capacity of the remainder to be used for the purposes required in this Lease, Lessee shall have the election of: 13.1 Terminating this Lease and being absolved of obligations hereunder which have not accrued at the date possession is taken by the public entity; or 13.2 Continuing to occupy the remainder of the Premises and remaining bound by the terms, covenants, and conditions of this Lease. Lessee shall give notice in writing of his election hereunder within thirty (30) calendar days of the date possession of the part is taken by the public entity. The Lessor shall be entitled to receive and shall receive all compensation for the condemnation of all or any portion of the Premises by exercise of eminent domain. Lessee shall be entitled to receive and shall receive all compensation for the condemnation of all or any portion Newport Aquatic Center, Inc. Page 15 of the improvements constructed by Lessee on the leased Premises by the exercise of eminent domain. 14. FACILITY MANAGEMENT PLAN The purpose of Lessor for entering into this Lease is to promote the development of sports involving human -powered watercraft, as well as facilities, programs, and services related thereto, all to satisfy the needs of the general public. In furtherance of that purpose and to ensure that the operation of the Facility is in accordance with the intent of the Lessor, Lessee shall operate the Facility in accordance with the Facilities Management Plan ("FMP") as described herein. Any changes to the FMP shall be submitted to the City's Recreation and Senior Services Department for prior review and written approval. Lessor has the right to modify the FMP in the event that operation of the Facility is inconsistent with this Lease, Use Permit No. 3104, as amended, Coastal Development Permit No. 5-84-786, as amended, and other applicable law, rule or regulation. The FMP shall, at a minimum, include the following: 14.1 The programs, services and activities to be offered to members of the general public by the Facility; 14.2 The nature of any membership program pursuant to which any dues or fees are charged by Lessee; 14.3 The hours of operation of the Facility; 14.4 The portions of the Facility that are available for use by Lessor for the conduct of public recreation programs, togetherwith the days and times that such space will be available; and 14.5 Such other provisions as City's Recreation and Senior Services Department considers necessary to ensure that the Facility is operated and maintained in accordance with the purpose of this Lease. Lessee is prohibited from using, or permitting others to use, the Facility in any manner that is not authorized by, or inconsistent with, the FMP. The failure of Lessee to comply with the provisions of this paragraph after written notice by Lessor shall be considered a material breach of this Lease. 15. CAPITAL REPAIRS AND REPLACEMENTS Newport Aquatic Center, Inc. Page 16 Lessee shall, on a calendar year basis commencing on January 1 immediately following the Effective Date, expend a sum equal to at least three percent (3%) of Gross Revenues per annum on repairs, maintenance, refurbishments, and improvements to the Facility (including capital improvements, such as replacement of the roof, mechanical, electrical or similar building systems, or major portions thereof). Nothing herein contained shall be construed as a limitation on Lessee's obligations under other provisions of this Lease to repair, maintain and replace the Facility or Premises, and each portion thereof. Lessee shall include in each annual forecast to be submitted to Landlord pursuant to Section 19.4 a reconciliation of funds expended for the foregoing purposes, and evidence of all amounts expended for such work during the preceding calendar year. The annual reports shall also provide a budget for all capital expenditures projected to be made during the current calendar year, projections of the estimated remaining useful life of all major components of the Facility, and a projected schedule for funding and accomplishing the projected capital expenditures to repair, maintain, and replace the Facility in accordance with the terms of this Agreement. Notwithstanding anything to the contrary contained herein, Lessee shall not be obligated to make other than ordinary repairs and replacements of the Facility during the final five (5) years of the Term. 16. UNLAWFUL USE Lessee agrees that no improvement shall be erected, constructed or operated on the Premises, nor any business conducted on the Premises, in violation of the terms of this Lease or of any regulation, order, law, statute, bylaw, charter provision, or ordinance of any governmental agency having jurisdiction. Lessee shall not construct, maintain, or allow any sign upon the Premises, or improvements thereon, except as approved in writing by Lessor, and further, such sign must be in compliance with the provisions of the Newport Beach Municipal Code. Lessee agrees that in its performance under this Agreement, Lessee shall make all of its services, programs and facilities available to the public as required by Coastal Development Permit No. CD5-84-786 and not discriminate in the operation of its programs or facilities, and shall comply with Section 11135 of the Government Code. 17. INDEMNIFICATION Lessee agrees to indemnify, defend and hold harmless Lessor and County, their elected and appointed officers, agents, officials, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim;" collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to Lessee's, Lessee's employees, contractor, subcontractor, agents, guests, invitees, sublessee's possession, occupation or use of the Premises, specifically including, without limitation, any claim, liability, loss, or damage arising by reason of: Newport Aquatic Center, Inc. Page 17 17.1 The death or injury of any person or damage to personal property related to the condition of the Premises or Facility or an act or omission of Lessee or an agent, contractor, subcontractor, supplier, employee, servant, or sublessee of Lessee; 17.2 Any work performed on the Premises or Facility including the construction and/or maintenance of improvements, or materials furnished to the Premises or Facility; and/or 17.3 Lessee's failure to perform any provision of this Lease or to comply with any requirement of law or any requirement imposed on the Premises or Facility by any duly authorized governmental agency or political subdivision. 17.4 Lessor shall not be liable to Lessee for any damage to Lessee or Lessee's property, goodwill, increased Lessee operating costs, or loss of business or income by Lessee from any cause other than the gross negligent, intentional or willful acts of Lessor or its elected and appointed officers, agents, officials, volunteers, employees. Except as otherwise expressly provided in this Agreement, Lessee releases and also waives all claims against Lessor for damages arising for any reason other than the gross negligent, intentional or willful acts of City or its elected and appointed officers, agents, officials, volunteers, employees. City shall not be liable to Lessee for any damage to the Premises, Lessee's property, Lessee's goodwill, or Lessee's business income, caused in whole or in part by acts of nature including, without limitation, waves, wind and tidal flows. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. 18. TAXES, ASSESSMENTS, AND OBLIGATIONS 18.1 Lessor hereby gives notice to Lessee, pursuant to Revenue and Taxation Code Section 107.6, that this Lease may create a possessory interest that is subject to the payment of taxes levied on such interest. It is understood and agreed that all taxes and assessments, including but not limited to said possessory interest tax, which become due and payable upon the Premises or Facility or improvements thereon or upon fixtures, equipment or other property installed or constructed thereon shall be the full responsibility of Lessee, and Lessee shall cause said taxes and assessments to be paid before delinquency and before any fine, interest or penalty is due or imposed by operation of law. Lessee shall, upon request, promptly furnish to Lessor satisfactory evidence of payment. Newport Aquatic Center, Inc. Page 18 18.2 Payment of Obligations. Lessee shall promptly pay, when due, any and all bills, debts, liabilities and obligations incurred by Lessee in connection with Lessee's occupation and use of the Premises including the construction and/or maintenance of improvements. 19. INSPECTIONS ANNUAL REPORT AND FORECAST OF OPERATIONS 19.1 Annual Site Walk. With prior notice, upon each anniversary of the Effective Date and at any other reasonable times, Lessor or its authorized representative shall have the right to walk and inspect the Premises and review the annual reports required in this Section 19, to determine if Lessee is in compliance with the terms and conditions of this Lease and Use Permit No. 3104 or any amendments thereto. Lessee's Executive Director and a member of the Board of Directors shall accompany the Lessor for such inspections of the Premises and review of the reports. Additionally, without prior notice to Lessee, Lessor or its authorized representatives shall have the right to enter upon and inspect the Premises during normal business hours for any lawful purpose, to determine if Lessee is in compliance with the terms and conditions of this Lease and Use Permit No. 3104 or any amendments thereto. Any entry to the Premises by City under this Agreement shall not be construed as a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Lessee from the Premises or any portion thereof. 19.2 Annual Report. Lessee shall provide a written report to Lessor on or before February 28 of every calendar year during the Term, including any Option Terms, a list of any and all maintenance, repairs, or other work completed, including the costs incurred thereof, for the prior calendar year. This report shall also contain a list of both short- and long-term capital improvement project plans and a capital repair and replacement schedule for the Premises. 19.3 Annual Programmatic Report. Lessee shall provide a written report to Lessor on or before February 28 of every calendar year during the Term, including any Option Terms, a list of any and all programs and services provided, including the number of people served, revenues and expenses, and any successes or accomplishments of Lessee's programs, for the prior calendar year. 19.4 Annual Forecast of Operations. On or before February 28 of each year during the Term or any extension thereof, Lessee shall provide Lessor, for Lessor's approval, a forecast for the ensuing calendar year of the amount of (i) gross revenues expected to be received by Newport Aquatic Center, Inc. Page 19 Lessee, and (ii) a forecast for the ensuing twelve (12) month period of budgeted capital improvements, replacements, repairs and maintenance that Lessee anticipates expending during such calendar year period to maintain the Facility in a manner consistent with the original quality of the Facility and as required by this Lease. 19.5 Annual Report of Board Members. Lessee shall provide a written report to Lessor on or before February 28 of every calendar year during the Term, including any Option Terms, a list containing the names of all of Lessee's Board Members for the ensuing calendar year. 20. INTERNAL CONTROLS AUDIT & VERIFICATION 20.1 Lessee shall: 20.1.1 Maintain a system of internal accounting procedures and financial controls subject to review by Lessor, upon reasonable notice, to ensure accuracy of financial reporting, the effectiveness and efficiency of operations, and compliance with applicable laws; 20.1.2 Maintain records on a generally accepted accounting principles ("GAAP") basis; 20.1.3 Maintain accounting entries and reports to meet Lessee's reporting requirements under applicable laws; 20.1.4 Hire and consult with an independent, third -party certified public accountant to audit and certify the accuracy of Lessee's financial statements; and 20.1.5 Prepare quarterly financial statements within sixty (60) calendar days of each calendar quarter -end, audited annual financial statements within seven (7) months of each calendar year end, and general ledger journal entries and other information on a regular basis necessary for the Lessee's compliance with applicable laws and in accordance with GAAP to cooperate with Lessee's independent auditing firm in connection with the auditing or review of such financial statements, with the cost of any such audit or review to be borne by the Lessee. 20.2 On or before July 31 of each year, Lessee shall provide to Lessor a verification that: i) the prior calendar year annual audit and report is Newport Aquatic Center, Inc. Page 20 complete; and ii) the audit report resulted in no findings, or that findings were made, but have since been resolved satisfactorily. 20.3 Lessor shall, once per year and at its cost, be entitled to conduct an audit of all records and books of account required to be maintained pursuant to this Agreement and applicable laws. 21. SUCCESSORS -IN -INTEREST Unless otherwise provided in this Lease, the terms, covenants and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto, all of whom shall be jointly and severally liable hereunder. 22. RESERVED 23. PARTIAL INVALIDITY If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall, in no way, be affected, impaired or invalidated thereby. 24. WAIVER OF RIGHTS The failure of Lessee or Lessor to insist upon strict performance of any of the terms, covenants, or conditions of this Lease shall not be deemed a waiver of any right or remedy that Lessee or Lessor may have, and shall not be deemed a waiver of the right to require strict performance of all of the terms, covenants and conditions of the Lease thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Lease. 25. DEFAULT IN TERMS OF LEASE BY LESSEE 25.1 Default by Lessee. The occurrence of any one or more of the following events shall constitute a default and material breach of this Lease by Lessee: 25.1.1 The vacating or abandonment of the Premises by Lessee for more than fifteen (15) consecutive days that was not otherwise expressly permitted under this Lease or pre - approved in writing by Lessor; Newport Aquatic Center, Inc. Page 21 25.1.2 The revocation of any license, permit, or approval issued by federal, state, or local agency with oversight authority over Lessee; 25.1.3 The failure by Lessee to make any payment of any rent or payment required by this Lease, as and when due, when such failure shall continue for a period of ten (10) days after written notice of default from City to Lessee; 25.1.4 The failure of Lessee to observe or perform any of the material covenants, conditions or provisions of this Lease to be observed or performed by Lessee where such failure shall continue for a period of ten (10) days after written notice thereof from Lessor to Lessee; provided, however, that if the nature of Lessee's default is such that more than ten (10) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commences such cure within said ten (10) day period and thereafter diligently prosecutes such cure to completion; 25.1.5 The making by Lessee of any general arrangement or assignment for the benefit of creditors; 25.1.6 Lessee voluntarily files or has filed against it any petition under any bankruptcy or insolvency act or law, or be adjudicated a bankrupt, and the same is not dismissed within ten (10) days; 25.1.7 The appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where such appointment is not discharged within ten (10) days; and 25.1.8 The attachment, execution or the judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where such seizure is not discharged within sixty (60) days. 25.2 Remedies for Uncured Defaults. 25.2.1 Cumulative Nature of Remedies. If any default by Lessee shall continue without cure as required by this Lease, Lessor shall have the remedies described in this Section in addition Newport Aquatic Center, Inc. Page 22 to all other rights and remedies provided by law or equity, to which Lessor may resort cumulatively or in the alternative. 25.2.2 Reentry without Termination. If any of the events identified in Sections 25.1.6 through 25.1.8 occur, Lessor may reenter the Premises, and, without terminating this Lease, re -let all or a portion of the Premises. Lessor may execute any Leases made under this provision in Lessor's name and shall be entitled to all rents from the use, operation, or occupancy of the Premises. Lessee shall nevertheless pay to Lessor on the dates specified in this Lease the equivalent of all sums required of Lessee under this Lease, plus Lessor's expenses in conjunction with re -letting, less the proceeds of any re - letting or attornment. No act by or on behalf of City under this provision shall constitute a Termination of this Lease unless City gives Lessee specific written notice of Termination. 25.2.3 Termination. Lessor may terminate this Lease by giving Lessee notice of Termination. In the event Lessor terminates this Lease, Lessor may recover possession of the Premises (which Lessee shall surrender and vacate upon demand) and remove all persons and property. Lessor shall be entitled to recover the following as damages: 25.2.3.1 The value of any rent or other charges that are unpaid at the time of Termination; 25.2.3.2 The value of any rent and other charges that would have accrued after Termination less the amount of rent and charges Lessor received or could have received through the exercise of reasonable diligence as of the date of the award; 25.2.3.3 Any other amount necessary to reasonably compensate Lessor for the detriment proximately caused by Lessee's failure to perform its obligations under this Lease; and 25.2.3.4 At Lessor's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time -to -time by applicable California law. Lessor shall be entitled to interest at the rate of ten percent (10%) per annum on all rent and other charges from the date due or the date they would have accrued. Lessor shall also be entitled to an award of the costs and expenses incurred by Lessor in Newport Aquatic Center, Inc. Page 23 maintaining or preserving the Premises after default, preparing the Premises for re -letting, or repairing any damage caused by the act or omission of Lessee. 25.2.4 Use of Lessee's Personal Property. Lessor may use Lessee's personal property and trade fixtures located on the Premises or any of such property and fixtures without compensation or liability to Lessee for use or damage. In the alternative Lessor may store the property and fixtures at the cost of Lessee. Lessor shall not operate the Premises in any manner tending to indicate that the Premises are affiliated with, part of or operated in conjunction with Lessee's business. 25.3 Lessor's Right to Cure Lessee's Default. Upon continuance of any default beyond applicable notice and cure periods, Lessor may, but is not obligated to, cure the default at Lessee's cost. If Lessor pays any money or performs any act required of, but not paid or performed by, Lessee after notice, the payment and/or the reasonable cost of performance shall be due to Lessor not later than five (5) days after service of a written demand accompanied by supporting documentation. No such payment or act shall constitute a waiver of default or of any remedy for default or render Lessor liable for any loss or damage resulting from performance. 26. RESERVATIONS TO LESSOR The Premises is accepted "as is, where is" by Lessee, subject to any and all existing easements and encumbrances. Lessor reserves the right to install, lay, construct, maintain, repair and operate such sanitary sewers, drains, storm water sewers, pipelines, manholes and connections; water, oil and gas pipelines; telephone and telegraph power lines and the appliances and appurtenances necessary or convenient in connection therewith in, over, upon, through, across and along the Premises or any part thereof, and to enter the Premises for any and all such purposes. Lessor also reserves the right to grant franchises, easements, rights -of -way and permits in, over, upon, through, across and along any and all portions of the Premises. No right reserved by Lessor in this clause shall be so exercised as to interfere unreasonably with Lessee's operations hereunder or to impair the security of any secured creditor of Lessee. 27. QUITCLAIM OF LESSEE'S INTEREST UPON TERMINATION Upon the expiration or lawful termination of this Lease, including but not limited to, termination because of default by Lessee, Lessee shall execute, acknowledge and deliver to Lessor, within thirty (30) calendar days after receipt of written demand therefor, a good and sufficient deed, whereby all right, title and interest of Lessee in the Newport Aquatic Center, Inc. Page 24 Premises and Facility is quitclaimed to Lessor. Should Lessee fail or refuse to deliver the required deed to Lessor, Lessor may prepare and record a notice, reciting the failure of Lessee to execute, acknowledge and deliver such deed and said notice shall be conclusive evidence of the lawful termination of this Lease and of all right of Lessee or those claiming under Lessee in and to the Premises. 28. LESSOR'S RIGHT TO REENTER Lessee agrees to yield and peaceably deliver possession of the Premises to Lessor on the date of expiration or lawful termination of this Lease, whatsoever the reason for such lawful termination. Upon giving written notice of the expiration or lawful termination to Lessee, Lessor shall have the right to reenter and take possession of the Premises on the date such lawful termination becomes effective without further notice of any kind and without institution of summary or regular legal proceedings. Lawful termination of the Lease and reentry of the Premises by Lessor shall, in no way, alter or diminish any obligation of Lessee under the Lease terms, and shall not constitute an acceptance or surrender. 29. TERMINATION OF EXISTING LEASE Concurrently with Effective Date of this Lease, the Existing Lease is hereby terminated. 30. NOTICES All notices required by this lease shall be deemed to have been given when deposited in the United States mail, first class, postage prepaid, and addressed as follows: If to Lessor: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92658 Attention: City Manager With copy to: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92658 Attention: Real Property Administrator If to Lessee: Newport Aquatic Center, Inc. 1 Whitecliffs Drive Newport Beach, CA 92660 Newport Aquatic Center, Inc. Page 25 31. CITY BUSINESS LICENSE Lessee shall obtain and maintain during the Term of this Lease, a City business license as required by the Newport Beach Municipal Code. 32. NO ATTORNEY'S FEES The prevailing Party in any action brought to enforce the terms and conditions of this Lease, or arising out of the performance of this Lease, shall not be entitled to recover its attorneys' fees. 33. MEMORANDUM OF LEASE AGREEMENT A Memorandum of Amended and Restated Ground Lease Agreement ("Memorandum"), in a form and content similar to that contained in Exhibit "E", which is attached hereto and incorporated by reference, shall be recorded by the parties promptly upon execution of this Lease. Upon execution by both Parties, the Memorandum shall be recorded against the Property in the office of the Orange County Clerk -Recorder, as required by Government Code Section 37393. 34. NO DAMAGES Lessee acknowledges that Lessor would not enter into this Lease if it were to be liable for damages (including, but not limited to, actual damages, economic damages, consequential damages, lost profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use) under, or relating to, this Lease or any of the matters referred to in this Lease, including, without limitation, any and all plans, permits, licenses or regulatory approvals, and CEQA documents. Accordingly, Lessee covenants and agrees on behalf of itself and its successors and assigns, not to sue Lessor (either in its capacity as Lessor in this Lease or in its capacity as the City of Newport Beach) for damages (including, but not limited to, actual damages, economic damages, consequential damages, lost profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use) or monetary relief for any breach of this Lease by Lessor or for any dispute, controversy, or issue between Lessor and Lessee arising out of or connected with this Lease or any of the matters referred to in this Lease, including, without limitation, any and all plans, permits, licenses or regulatory approvals, CEQA documents, or any future amendments or enactments thereto, the parties agreeing that declaratory relief, injunctive relief, mandate and specific performance shall be Lessee's sole and exclusive judicial remedies. Newport Aquatic Center, Inc. Page 26 35. ENTIRE LEASE; AMENDMENTS 35.1 The terms and conditions of this Lease, all exhibits attached, and all documents expressly incorporated by reference, represent the entire agreement of the Parties with respect to the subject matter of this Lease. 35.2 This Lease may be executed in counterparts, including electronic counterparts, each of which, after all the Parties have signed this Lease, shall be deemed to be an original, and such counterparts shall constitute one Lease binding on the Parties. 35.3 This Lease shall supersede any and all prior agreements, oral or written, regarding the subject matter between Lessee and Lessor. 35.4 No other agreement, promise or statement, written or oral, relating to the subject matter of this Lease, shall be valid or binding, except by way of a written amendment to this Lease. 35.5 The terms and conditions of this Lease shall not be altered or modified except by a written amendment to this Lease signed by Lessee, the City Manager, and approved as to form by the City Attorney. 35.6 If any conflicts arise between the terms and conditions of this Lease, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Lease shall control. 35.7 Severability. If any term or portion of this Lease is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Lease shall continue in full force and effect. 35.8 Any obligation of the Parties relating to monies owed, as well as those provisions relating to limitations on liability and actions, shall survive termination or expiration of this Lease. 35.9 Each Party has relied on its own inspection of the Premises and examination of this Lease, the counsel of its own advisors, and the warranties, representations, and covenants in this Lease. The failure or refusal of either Party to inspect the Premises, to read this Lease or other documents, or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advice. [SIGNATURES ON NEXT PAGE] Newport Aquatic Center, Inc. Page 27 IN WITNESS WHEREOF, the parties hereto have executed this Lease, the day and year first above written. ATTEST: al Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C.p City Atto ey LESSOR: CITY OF NEWPORT BEACH, a California municipal corporation and charter city Grace K. Leung City Manager LESSEE: NEWPORT AQUATIC CENTER, INC., a non- profit public benefit corporation By: Name: Its: By: Name: Its: Attachments: Exhibit A — Property Description and Depiction Exhibit B — Premises Depiction Exhibit C — 2018 JPA dated November 20, 2018 Exhibit D — Insurance Requirements Exhibit E — Memorandum of Amended and Restated Ground Lease Newport Aquatic Center, Inc. Page 28 EXHIBIT "A" Property Description and Depiction Parcel 1 A parcel of land in Upper Newport Bay adjacent to Block 53, Irvine's Subdivision in the City of Newport Beach, County of Orange, state of California, as shown on a map recorded in book 1, page 88 of Miscellaneous Maps in the office of the County Recorder of said Orange County being bounded as follows: Bounded northerly and northwesterly by the southerly and southeasterly boundary lines of the land described in parcel 3 in a deed to the County of Orange, et al. recorded April 22, 1975 in book 11382, page 1923 of Official Records in the office of said county Recorder. Bounded southwesterly by the northeasterly line of North Star Lane as shown on a map of Tract No. 4224, recorded in book 157, pages 1 through 14 of said Miscellaneous Maps. Bounded easterly and southeasterly by the westerly line of that certain parcel of land described in a deed to the State of California, recorded May 30, 1976 in book 11688, page 1455 of said Official Records. Parcel 2: Beginning at Station 109 of the Ordinary High Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County, said Station begin in the boundary of Tract No. 4224, as per map filed in Book 157, pages 1 through 14, Miscellaneous Maps, records of said County; thence along: said boundary the following described courses: 1. North 45' 21' 40" West 114.37 feet; 2. Northerly 23.56 feet along a 15.00 foot radius curve that is concave Easterly through an angle of 900 00' 00"; 3. North 450 21' 40" West 60.00 feet; 4. North 44' 38' 20" East 487.52 feet; 5. North 560 00" 00" West 49.94 feet; 6. North 510 23' 24" East 71.00 feet; 7. North 430 05' 44" East 72.38 feet; 8. North 340 55' 00" East 78.24 feet; 9. North 540 28' 12" East 144.11 feet; 10. North 680 23' 00" East 214.41 feet; Newport Aquatic Center, Inc. Page A-1 11. North 870 39' 32" East 364.50 feet; 12. South 740 08' 02" East 124.04 feet to the Southwesterly corner of Lot 80 of said Tract; thence leaving said boundary. 13. South 16' 16' 54" West 100.14 feet, more or less, to said Ordinary High Tide Line; thence along said Line the following described courses: 14. North 800 02' 37" West 152.20 feet; 15. South 870 32' 32" West 164.98 feet; 16. South 82' 17' 13" West 209.11 feet; 17. South 590 23' 39" West 213.64 feet; 18. South 32' 52' 42" West 725.03 feet to the point of beginning. Newport Aquatic Center, Inc. Page A-2 Property Depiction Newport Aquatic Center, Inc. Page A-3 ��%��'� v��'� �� >�, }���`���. - `��-.., � •.DIY __ �• r./,�, � bra j NorthStar` � Beach r • �'' iiatic t Oenter � ./ •s= •.vim '~ ° , ` •� 4 f/ IVY t _ L +' i a Disclaimer: N EWPORT BEACH Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of �4,WPp Newport Beach and its employees and agents o� 0 200 400 disclaim any and all responsibility from or relating to >- ty^ any results obtained in its use. Feet c14ico R-11 �nioniono� EXHIBIT "B" Premises Depiction Newport Aquatic Center, Inc. Page B-1 EXHIBIT "C" 2018 NORTH STAR BEACH - JOINT POWER AGREEMENT Newport Aquatic Center, Inc. Page C-1 EXHIBIT "D" Insurance Requirements Without limiting Lessee's indemnification of Lessor, Lessee will obtain, provide and maintain at its own expense during the Term of this Lease, a policy or policies of insurance of the type, amounts and form acceptable to Lessor. The policy or policies shall provide, at a minimum, those items described below. 1. Provision of Insurance. Without limiting Lessee's indemnification of Lessor, and prior to commencement of work on Premises by Lessee or Lessee's agents, representatives, consultants, contractors and/or subcontractors, Lessee shall obtain, provide and maintain at its own expense during the Term of this Lease policies of insurance of the type and amounts described below and in a form satisfactory to Lessor. Lessee agrees to provide insurance in accordance with requirements set forth here. If Lessee uses existing coverage to comply and that coverage does not meet these requirements, Lessee agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders' rating of a - (or higher) and financial size category class vii (or larger) in accordance with the latest edition of best's key rating guide, unless otherwise approved by Lessor's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Lessee and Lessee's agents, representatives, consultants, contractors and/or subcontractors, shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Lessee and Lessee's agents, representatives, consultants, contractors and/or subcontractors, shall submit to Lessor, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Lessor, its officers, agents, employees and volunteers. B. General Liability Insurance. Lessee and Lessee's agents, representatives, consultants, contractors and/or subcontractors, shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars and 00/100 ($2,000,000) per occurrence, five million dollars and 00/100 ($5,000,000) Newport Aquatic Center, Inc. Page D-1 general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Fire and Extended Coverage. Lessee shall maintain fire and extended coverage insurance, together with insurance against vandalism, theft and malicious mischief, on the improvements and fixtures, alterations, trade fixtures, signs, equipment, personal property and inventory on or upon the Premises from loss or damage in an amount not less than one million dollars and 00/100 ($1,000,000) per occurrence. D. Automobile Liability Insurance. Lessee and Lessee's consultants, contractors and/or subcontractors shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Lessee or all activities of Lessee's consultants, contractors and/or subcontractors arising out of or in connection with work to be performed on the Premises, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than two million dollars and 00/100 ($2,000,000) combined single limit each accident. E. Builder's Risk Insurance. During construction, Lessee shall require that Lessee's construction contractors and subcontractors maintain Builders Risk insurance or an installation floater as directed by Lessor, covering damages to the work for "all risk" or special causes of loss form with limits equal to one hundred percent (100%) of the completed value of the work, with coverage to continue until final acceptance of the work by Lessee and Lessor. Lessor and County shall be included as an insured on such policy, and Lessee shall provide Lessor with a copy of the policy. F. Pollution Liability Insurance. Lessee shall require that Lessee's construction contractors and subcontractors maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than two million dollars and 00/100 ($2,000,000) per loss and in the aggregate per policy period dedicated to this project. The CPL shall be obtained on an occurrence basis for a policy term inclusive of the entire period of construction. If all or any portion of CPL coverage is available only on a claims -made basis, then a 10-year extended reporting period shall also be purchased. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL Newport Aquatic Center, Inc. Page D-2 shall also provide coverage for transportation and off -site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. 4. Endorsements: Policies shall contain or be endorsed to contain the following provisions: A. Additional Insured Status. Lessor, its elected or appointed officers, officials, employees, agents, volunteers, and County are to be covered as additional insureds under all general liability and pollution liability policies with respect to liability arising out of Lessee's activities related to this Lease and with respect to use or occupancy of the Premises. Lessor and County shall be named as an additional insured on any of Lessee's contractor's and subcontractor's policies. B. Primary and Non -Contributory. Policies shall be considered primary insurance as respects to Lessor, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from Lessee's operations. Any insurance maintained by Lessor, including any self -insured retention Lessor may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. C. Liability Insurance. Liability insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. D. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Lease shall be endorsed to waive subrogation against Lessor, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Lessee or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Lessee hereby waives its own right of recovery against Lessor and County, and shall require similar written express waivers from each of its consultants, contractors or subcontractors. E. Reporting Provisions. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Lessor, its elected or appointed officers, officials, employees, agents or volunteers. F. Notice of Cancellation. The insurance required by this Lease shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) calendar days (ten (10) calendar days written notice of non - Newport Aquatic Center, Inc. Page D-3 payment of premium) written notice has been received by Lessor. It is Lessee's obligation to ensure that provisions for such notice have been established. G. Loss Payee. Lessor shall be included a loss payee under the commercial property insurance. 5. Additional Requirements. A. In the event Lessor determines that (i) the Lessee's activities on the Premises creates an increased or decreased risk of loss to the Lessor, (ii) greater insurance coverage is required due to the passage of time, or (iii) changes in the industry require different coverage be obtained, Lessee agrees that the minimum limits of any insurance policy required to be obtained by Lessee or Lessee's consultants, contractors or subcontractors, may be changed accordingly upon receipt of written notice from Lessor. With respect to changes in insurance requirements that are available from Lessee's then -existing insurance carrier, Lessee shall deposit certificates evidencing acceptable insurance policies with Lessor incorporating such changes within thirty (30) calendar days of receipt of such notice. With respect to changes in insurance requirements that are not available from Lessee's then- existing insurance carrier, Lessee shall deposit certificates evidencing acceptable insurance policies with Lessor, incorporating such changes, within ninety (90) calendar days of receipt of such notice. B. Any deductibles applicable to the commercial property or insurance purchased in compliance with the requirements of this section shall be approved by Lessor. C. Lessee and Lessee's consultants, contractors and/or subcontractors shall be subject to the insurance requirements contained herein unless otherwise specified in the provisions above or written approval is granted by Lessor. Lessee shall verify that all consultants, contractors and/or subcontractors maintain insurance meeting all the requirements stated herein, and Lessee shall ensure that Lessor and County is an additional insured on insurance required from contractors, consultants and/or subcontractors. D. For General Liability coverage, contractors, consultants and/or subcontractors shall provide coverage with a format at least as broad as provided by Insurance Services Office form CG 203 80413. E. If Lessee maintains higher limits than the minimums shown above, the Lessor requires and shall be entitled to coverage for the higher limits maintained by the Lessee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Lessor. F. Lessee shall give Lessor prompt and timely notice of any claim made or suit instituted arising out of or resulting from Lessee or Lessee's agents, Newport Aquatic Center, Inc. Page D-4 representatives, consultants, contractors or subcontractors performance under this Lease. G. Lessee shall provide certificates of insurance, with original endorsements as required above, to Lessor as evidence of the insurance coverage required herein. Insurance certificates must be approved by Lessor prior to commencement of work or issuance of any permit. Current certification of insurance shall be kept on file with Lessor at all times during the Term of this Lease. H. All required insurance shall be in force on the Effective Date, and shall be maintained continuously in force throughout the Term of this Lease. In addition, the cost of all required insurance shall be borne by Lessee or by Lessee's consultants, contractors or subcontractors. If Lessee or Lessee's consultants, contractors or subcontractors fail or refuse to maintain insurance as required in this Lease, or fail to provide proof of insurance, Lessor has the right to declare this Lease in default without further notice to Lessee, and City shall be entitled to exercise all available remedies. J. Lessee agrees not to use the Premises in any manner, even if use is for purposes stated herein, that will result in the cancellation of any insurance Lessor may have on the Premises or on adjacent property, or that will cause cancellation of any other insurance coverage for the Premises or adjoining property. Lessee further agrees not to keep on the Premises or permit to be kept, used, or sold thereon, anything prohibited by any fire or other insurance policy covering the Premises. Lessee shall, at its sole expense, comply with all reasonable requirements for maintaining fire and other insurance coverage on the Premises. Newport Aquatic Center, Inc. Page D-5 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Office of the City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 EXHIBIT "E" [Exempt from Recordation Fee - Govt. Code Sec. 27383] MEMORANDUM OF AMENDED AND RESTATED GROUND LEASE This Memorandum of Amended and Restated Ground Lease ("Memorandum") is dated , 2023, and is made between City of Newport Beach, a California municipal corporation and charter city ("Lessor" or "City") and Newport Aquatic Center, Inc. ("Lessee"), concerning the Property legally described and depicted in Exhibit "'I", and concerning the Premises depicted in Exhibit "2", both of which are attached hereto and by this reference made a part hereof. For good and adequate consideration, Lessor leases the Premises to Lessee, and Lessee hires them from Lessor, for the term and on the provisions contained in the Lease dated 2023, including without limitation provisions prohibiting assignment, subleasing, and encumbering said leasehold without the express written consent of Lessor in each instance, all as more specifically set forth in said Lease, which said Lease is incorporated in this Memorandum by this reference. The term is thirty (30) years, beginning , 2023, and ending , 20 , and two (2) additional successive "Option Terms" of ten (10) years, on the same terms and conditions contained in the Lease. This Memorandum is not a complete summary of the Lease. Provisions in this Memorandum shall not be used in interpreting the Lease's provisions. In the event of conflict between this Memorandum and other parts of the Lease, the other parts shall control. Execution hereof constitutes execution of the Lease itself. [SIGNATURES ON NEXT PAGE] Newport Aquatic Center, Inc. Page E-1 ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney LESSOR: CITY OF NEWPORT BEACH, a California municipal corporation and charter city Grace K. Leung City Manager LESSEE: NEWPORT AQUATIC CENTER, INC., a non- profit public benefit corporation By: _ Name: Its: By: _ Name: Its: Attachments: Exhibit 1 — Property Legal Description and Depiction Exhibit 2 — Premises Depiction Newport Aquatic Center, Inc. Page E-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of } ss. On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Newport Aquatic Center, Inc. Page E-3 EXHIBIT "1" Property Legal Description and Depiction Parcel 1: A parcel of land in Upper Newport Bay adjacent to Block 53, Irvine's Subdivision in the City of Newport Beach, County of Orange, state of California, as shown on a map recorded in book 1, page 88 of Miscellaneous Maps in the office of the County Recorder of said Orange County being bounded as follows: Bounded northerly and northwesterly by the southerly and southeasterly boundary lines of the land described in parcel 3 in a deed to the County of Orange, et al. recorded April 22, 1975 in book 11382, page 1923 of Official Records in the office of said county Recorder. Bounded southwesterly by the northeasterly line of North Star Lane as shown on a map of Tract No. 4224, recorded in book 157, pages 1 through 14 of said Miscellaneous Maps. Bounded easterly and southeasterly by the westerly line of that certain parcel of land described in a deed to the State of California, recorded May 30, 1976 in book 11688, page 1455 of said Official Records. Parcel 2: Beginning at Station 109 of the Ordinary High Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County, said Station begin in the boundary of Tract No. 4224, as per map filed in Book 157, pages 1 through 14, Miscellaneous Maps, records of said County; thence along: said boundary the following described courses: 19. North 45' 21' 40" West 114.37 feet; 20. Northerly 23.56 feet along a 15.00 foot radius curve that is concave Easterly through an angle of 90' 00' 00"; 21. North 45' 21' 40" West 60.00 feet; 22. North 440 38' 20" East 487.52 feet; 23. North 560 00" 00" West 49.94 feet; 24. North 510 23' 24" East 71.00 feet; 25. North 430 05' 44" East 72.38 feet; 26. North 34' 55' 00" East 78.24 feet; 27. North 540 28' 12" East 144.11 feet; Newport Aquatic Center, Inc. Page E-4 28. North 68' 23' 00" East 214.41 feet; 29. North 87' 39' 32" East 364.50 feet; 30. South 74' 08' 02" East 124.04 feet to the Southwesterly corner of Lot 80 of said Tract; thence leaving said boundary. 31. South 160 16' 54" West 100.14 feet, more or less, to said Ordinary High Tide Line; thence along said Line the following described courses: 32. North 80' 02' 37" West 152.20 feet; 33. South 87' 32' 32" West 164.98 feet; 34. South 82' 17' 13" West 209.11 feet; 35. South 59' 23' 39" West 213.64 feet; 36. South 32' 52' 42" West 725.03 feet to the point of beginning. Newport Aquatic Center, Inc. Page E-5 ►v 1 s?�.AftwAi � Ax" r � r ., f, ; o ye. �✓�. :���' Beach 0&-,- NBGm N E W F o A T B E A C H � P 0 0 200 400 Feet Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. 10/20/20 EXHIBIT "2" Premises Depiction Newport Aquatic Center, Inc. Page E-6 EXHIBIT "D" CITY OF NEWPORT BEACH USE PERMIT NO. 3104 North Star Beach — Joint Power Agreement Page D-1 USE PERMIT APPLICATION CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 Newport Boulevard P. O. Box 1768 Newport Aeach,.CA 92658,8915 (714) 644-3200 Applicant (Print) No. 3/ o y Application ec'd by .i ��X-�.� Fee: 5 i�Z-, Newport Aquatic 'Center/City of Newportphone 646-7725 Mailing Address One white Cliffs Drive Property Owner City of Newport Beach/County of Orange Phone Mailing Address Address of Property Involved one white Cliffs Drive s=: Purpose of Application (describe fully) Amend City of Newport Beach conditional use permit. The p n,is s o e excava :ono an area, or the purpose oF uilding a a ng xk. The area now consists of e i u prolec s.Damage to inter Elual areas e cope o e propos projec See everse Zone Public - 5 Present Use Recreation Legal Description of Property Involved (if too long, attach separate sheet) A.P.N. 117-381-006 OWNER'S AFFIDAVIT depose +i-) (lie) Ci v of New -port Beach - and say that (I am) (we are) the owners) of the property(ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the fore- =' going statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (c[y) (our) knowledge and belief. Signature(s) NOTE: An agent may sign for the owner if written authorization from the record owner is filed with the application. Date Filed Hearing Date Posting Date DO NOT COMPLETE APPLICATION BELOW THIS LINE Fee Pd. Mail Date Receipt Vo. P. C_ Action Date — Appeal C. C. Hearing C. C. Action t4ri l Drte. %f z- Project Description (cont'd) Kr- Rota Hine and Kr. Greg Gerstenberg of yous-"091--y- have provided the Newport Aquatic Centex with quidancae as to the best possible placement, of ...the proposed'dock site. - - - - - - - - - - - - - st ?14.* PI - -------------------- ----------- --------- - Board of Directors Newport Aquatic Center Brian Brennan 2009 Irvine Ave. Newport Beach,Ca. 92660 850-1418 wk 650-2530 hm Jim Clarkson 713 Poppy Corona Del Mar.Ca. 92625 833-2900 wk 644-5399 hm Dr. Wm. Conover 1401 Avacado Newport Beach,Ca. 92660 640-0780 wk 645-1339 hm David A Grant 2205 Cliff Dr. Newport Beach,Ca. 92663 432-5730 wk 646-4337 hm John R. Rader Jr. 42 w. Yale loop Irvine,Ca. 92714 644-5313 wk 551-3380 hm Jon VanCleave 200 Newport Center Dr. 301 Newport Beach,Ca. 92660 644-2002 wk 675-2872 hm Wm. A MItfOrd 436 Hamilton Costa Mesa,Ca. 92027 645-5000 wk 548-5732 hm vi {�:. ..... } . e t i,• -.Ir t:. r.. �• s:?S,+}s�n� ..pw r: y�+i5.r+s.: �^TM,+�, ,..1X' r _.. - '.� ii � {��e.. v�e � -. � .., � tt, e ..,. � b.i 5 i V �Y F CONSOLIDATED REPROGRAPHICS MICROFILM DIVISION f I A i- ,� � ....- • O � a o s O ♦ M r^ jai � i 10 OL 0 y r Q l t y OL a l CX Q � U N f o �� p � it tow x m Q cc • Q l to ,, O h ;z z ♦ ._. A : �• NAM h ` w O • a $ � ; • i O • vise =s ��ll r O �, •• � f RG •� .ri 16 In N � � lJ ,{no- • A � r 0 In lot All 01 FN,- 7 -?YZW-'!;dA'V'M • ♦� O S O - • Z � r -• fit M� $ rn z w w 'ti •" 4Qj � o� w � ti Z rw ' �4t AHf.J��c L First American Title Insurance Company 114 EAST FIFTH STREET, (P, 0. BOX 267) SANTA ANA, CALIFORNIA 92702 • (714) 558.3211 July 8, 1988 Affidavit on Property ownership List The Attached List represents the Naves and Addresses of all property owners locawl within 300 feet of the Exterior Boundaries of Property located at I White Cliffs Dr. (North Star L - 8]-nort as obtairf-c error. the latest orange County ltssesment. Fn s. <�Z;2 /a,,74 ". 3 (le s F . Goes i�Y.y Assistant Vice President Director of Special Services First American Title Insurance Co. 114 E. Fifth Street Santa Ana, CA 92702 (714) 558-3211 �r a_ .Y;. ._.�-...... � .... .. t_.J..�.. .. .a ? �...L i`.d ... ... 9�y .is.. .. •f� J•. �i.-tK .... �. 1 �, ,. _ .. 0 0 Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of NgyRorc Aquatic Center and the City of Newport Bgach for JUat Fermit No. 3104 (Amended) on property located at j Whit_Cliffs Drive. • • : • • { • { . M. • . . . .. • i . • • . NOTICE IS HEREBY FURTHER GIVEN that a Negative Declaration has been prepared by the City of Newport Beach in connection iAth the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application, The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declnration and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658-8915 (714) 644-3225. Notice is hereby further given that said public hearing will be hold on the Jh day of &Wugt 1988, at the hour of ,Z,y,Q p.m. in the Council Chambers of the Newport Beach City Nall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone aloe raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (714) 644 - 3200 . Janico Debay, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST ADVANCE PUNNING DIVISION 2 PUBLIC STORKS DEPARTMENT &-TRAFFIC ENGINEER 2LFIRE DEPARTMENT gLPLAii REVIEW DIVISION ---PARKS b RECREATION %POLICE DEPARTMENT __MARINE SAFETY GRADING Data AutU4t 2. 1985 _PLANS ATTACHED (PLEASE RETURN) _PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: Newport Aquatic Center and the City of Newport Beach FOR: Use Permit No. 3104 (Amended) 1 • ! LOCATION: 1 White Cliffs Drive REPORT REQUESTED BY: Augu§t $. 1988 COMMISSION REVIEW: August 18. 1988 COMMENTS: FILED CITY OF NEWPORT BEACH SFp 2 2 1988 P.O. BOX 1768. NEWPORT BEACH,, CA 92658-M15 w,nY l Nits NEGATIVE DECLARA a 1 �I0Y�llll f 1' � EnTY TOs Office of Planning and Research ❑ 1400 Tenth Street, Room 121 Sacramento, CA 95814 Cnty Clerk of the County Elof orange P.O. Box 038 Santa Ana, M 92102 t1AME OP PROJECT: N FROM: Planning Department City of Newport Beach P.O. Box 1768 Newport beach, CA 92658-8915 PROJECT LOCATION: One Wilite Sails Wayp Newport Beach CA PROJECT DESCRIPTION: Relocation of a previously approved dock fncility for the Newport Aquatic Center. FINDING: Pursuant to the provisions of City Council Policy K-3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project will not have a significant affect on the environment. MITIGATION MEASURES: See initial study. I11ITIAL STUDY PREPARED BY: City of Newport Beach INITIAL STUDY AVAILABLE FOR REVIEW AT: 3300 Newport Boulevard, Elewport Beach, CA DATE. RECEIVED FOR FIE.Iric: P Environmental Coordinator DATE, July 18, 1988 sg 2 21988 GIM l VV E` cunty Ctndt ByTy 3300_Newport Boulevard, Newport Beach Onto Filed 7/8/88 General Information 1. Nam and address of developer or project sponsor: Newport Aquatic Center 2. Address of project: One White Cliffs Drive Assessor's - glock and Imt: Number: . P • - 006 3. Name, address, and telephone number of person to be contacted concern - in this project• Curtis Fleming, Newport Aquatic Center, one white Cliffs Drive, Newport Es ac , California -646�7725 4. 1n7MaJ i�dmb4r of the permit application for the project to which this force portains: 5. List and describe any other related permits and other public approvals required for this project, including those required by city, ropional, state and federal sgg mcion:1) California Coastal Conmt anion; Amondmont to Permit No. 5-84-786-71. 2) Department of s & Games _Appro-ial in Concept. Army Corp. of Enq neeral Approval in Concept. 6. Existing zoning district: 7. Proposed use of site (Project for which this form is filed): Moving the approved boat dock, from one area on the site to another area on the s te. Project Description 8. Site size, :, ,,. •r•F F.. ;; As per elan. 9. Squaro; footage. f �r►r. , N/A 10. Number of floors of construction. NIA 11. Amount of off-street parking provided. ,Er•.,, a ', , . :r.:': ,. .,.:i , ....iiF•:(,'S �:i I F.z+,:j: ... I�ir> •,>.�i _;.' , 12. Attach plans. 13. L Proposed scheduling'.,--, 14. Associated project. •3ta�:f_i:,�r�>.,) ,.ct7r��'l.t:'ft•1"� i':•rlt f:.��c�i se.;•!i:;1tt {llftztc`.r,;;rji:.; .i�. 15. Anticipated incremental development. 16. ` If residential,;; includa ;the � number- of !units;schodalo``oC Munnsirs, range of sale prices or, rents, and•typo.of household sire 'expeceed. N/A a , . .... �:,n.r•aw.,y.«.�.n'wwr•+r+,..,.w:•+f...{N;.�+.,.w•rr�v,srer*sAr+,r.�rwprL:;k.�,i �.s t :.-.};si :,.: ^3;,'+,.,-kh �%'ri•:'-s4l. s:;�•raG. t :ti....✓�' Nr. .n t�ai c. �s-t ^f4 , --�i •.: . ; j .,.. .. 17. If comercial, indicate; the_: type,_,whether, neighborhood, city or regionally oriented, square footage of sales area, and loading facili- ties. N/A 18. If industrial, indicate type, estimated employment per shift, and loading facilities. N/A 19. If institutional, indicate the major function. estimated employaont per shift, estimated, occupancy,; loading, facilities. and comaAmity bennflto to be derived from the project. x/A 20. If the project involves a variance, conditional. use or .rezoning application. state this and indicate clearly whey; the application is required, N/A Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary), Yes No 21. Change in existing features of any bays. tidelands, beaches, X or hills, or substantial alteration of ground contours. See attached plans. 22. Change in scenic views or vistas from existing residential X areas or public lands or roads. Residents along Bluff may see proposed dock area. 23. Change in pattern, scale or character of general area of _ X project. 24. Significant amounts of solid waste or litter, s x 25. Change in dust, ash, smoke, fuses or odors in vicinity. X 26. Change in ocean, bay, lake, stream or ground water quality or _ quantity, or alteration of existing drainage patterns. .., ;; .• ,.: ; , _X , 27. Substantial change in existing noise or vibration levels in ".: '` '' X the vicinity. 28. Site on filled land or on slope of 10 percent or more. X _ The entire site is dredge fill., • . , .... r . :. ! 3', i 29. Use of disposal of potentially hazardous materials, such as X toxic substances, flammables or explosives. 30. Substantial change izi demand for municipal services � (police; :;:; :' f tx fire, water, sewage, etc.). 31. Substantially increase fossil fuel consumption (electricity, _ X oil, natural gas, etc.). 32. Relationship ao: a larger p=oject or; sarievof",projects. '; :,,: r: ; YX .Or „Dock{ area will service existing.;boat. house' facilities`.` - 2 - ,� .r...x.:.i.,;,r V't.r.' :rf.,,!•'M.'M.F M,r,ya�,�... .a..n+�w».++.:+;i ....... , c ..... � ., ..t, E ,Sy7 ,,:i j�;,d., m} � fin., r..:.r *., . i � , Environmental Setting 33. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing struc- tures on the site, and the use of the structures. Attach photographs of the. site. Snapshots or polaroid photos will be accepted, 34, Describe the 'surrounding properties, including information' on plants and animals and any cultural .histarical.'or,scenic aspects- Indicate the type of land.uso (residential, comwercial; arc.).:intensity of land use (one -family, apartment houses,.shops, department stores, etc.), and scale of development' (height, frontage, :set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be.accepted.', Certification I hereby certify that the statements furnished above, and in the 'attached exhibits present the data and information required for this initial evalua- tion to the beat of my ability, and that the facts, statements, and informa- tion presented are true and correct to the best of my knowledge and belief. 710�� Date Signature . .: For C\PLT\EI RFO RH .s .:i:-j.S:: :)Z �. �:,4J} •f'i ''. :Y `fl}:. .1<<!i :'.!i: '< :1i ;i: ... `` .,.,ire . i : i:'i Xl!`f iir; '(? .•!p• tJ1�ii17T•`�" .. .�ti !! r • ; �:., ;tt 1•;7 is �. fi •l;:{l i.4j.. i '.Fv fICr) : f y_i3'.• ir• .fZ4w.11'c:.�.i '. 1'.F ,'!?s e.fi'1 itt ':ii'r :-1: 7'!77fif1 f.!'12 Y' � 1?7�,^,. 'sl+ia •f{.113� f7f): is Pi ;•:: ty-'t-, 175i:1 to 1,111,! fytfa 1'.i . •,)�!(r'. �+•. •� ..1 'i ;1 •S:)L�C'Jtj 'l ai !i.: �i};•}iv 1l.r h4:,, ,.:j/,. rj r#.!..i(`.rJ:7Y. i ..YC.., ;il, . Y2 cE; ti'•2:1 . ', .:'---••,f� j ..`3'it,'a'a' i;..Z+u:;t SU'•,:!':c3.t'is±: }) li•:1'i�+( Dij -'3 - • �.,.,1:., .q. • • ' • �i buyy�lr'"".^riiii'Mf'tr'tq:7f'PV;��'kf►A`,db+>%i'i;cy+aY+'�cu"wits..i**,�r'.i•::'fi. �, I. Background 1. Nana of Proponent,,VZ—WWR1 AQUhi 1C%�F.f 2. Acdresa and Yone Number of Pro ant �NrTFSt�? 1 n.. 6 nn /3 e+ A i a f1 07 G L n 3. ,Date Checklist Submitted l 4. Agency Requiring Checklist oe AAAC Z-1, 5. Name of Proposal, if applicable jjjF2se&g _214q (A) 11. Environmental Impacts (8xplanations of all "yea" and °maybe" answers are requirod on attached sheet:.) 1. Earth:: Hill the.proposal result in: a. Unstable earth conditions or in changes in ..geologic substructures? _ b. Disruptions, displacements, compaction or overcovering of the soil? C. Change in topography or ground surface relief features? _ d. The destruction, covering or modification / of any unique geologic or physical features? _ y a. Any increase in Wind or water erosion of Soils, either on or off the site? — f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or — / — any bay, inlet or lake? ice _ / g. Exposure of people or property to. geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? -1 i.L �� y.�.',�J' ,J_:✓ � 32 3 r('.IL fili :1 � 3j1'. rVawf• _- rry.. �Id.M'*S. .�yr .. �•ir•� . _e.,.r . ,.c., : i;. .,,. .w.:ti (h�• Mt`...:Jli_ '�'�i-i4.�'�� iN#!4�. dyfsis! E �., rw`iV , XAI �Savbe b 2. Air. Will the proposal result fn:,, a. Substantial air emissions or deterioration. - of ambient: air .quality? b. The creation of objectionable odors? c.,. Alteration of air movement, moisture, or. temperature, or any change in climate, either locally.or regionally? 3._ _.,.. Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either / marine or fresh waters? b. Changes, in absorption rates, drainage patterns, at the rate and amount of surface runoff? C. Alterations to the course or flow of flood waters?,. , d. Change in the amount of surface water in any -water body? ;2. , a. ,Discharge into surface . warars, or in,,any alteration of surface water quality, including -but not.limited'to) temperature;, 1 ::t-+l1 f. _ _„ dissolved oxygen or turbidity? f . Alteration of the direction 'or , rate of flow of ground water? -'-Change _...-.__ g. in the quantity of ground waters, .__.eitherithrough � direct -additions,or�xith•'r,,,!.�)nz` i drawals, or through interception of an aquifer :by, cuts, or. excavations? 1 ! _' h. Substantial reduction in the amount of water otherwise !available i Tor, public 11' i J water supplies.? -in i. Exposure of people or property to water. related hazards such as flooding or tidal / waves?' . 2 . Xu Wbg H2 4. Plant Life. Will the proposal, result in: a. Change-in,the diversity of species., or num- ber of any species of plants (including -trees, shrubs, grass, crops, and aquatic plants)? Y/ b. Reduction'of the numbers of any unique, rare or endangered species of plants? z C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species?,, d. Reduction in acreage of any agricultural crop? 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or num- bers of any species of.animals (birds, land animals including reptiles, fish and shell- fish, banthic organisms or Insects)? b. Reduction of the numbers of any unique, rare or endangered species of animals? c. = Introduction of new species of animals into an area, or result in a barrier to the migra- tion or movement of animals? d. Deterioration -to existing.: fish or. wildlife- 6. Koine. Will the proposal i resultitn:i:i,, a. --Increases in existing noise levels? b. Exposure; of people;.to joevere .noise; levels? 7. ._.Light, and Clare. Willi, the.proposal-produce,nev'T light or glare? S. Land Use. Will the.. proposal i result i, in;a % sub`,- o 'stantial alteration of the present or%plannedi, land use I of an area? 9. Natural Resources. Vill the proposal.result.in: A. Increase in the rate of use of any natural resources? 10. r Risk of Upset. 'Jill the proposal involve: a. A risk of an explosion or the release of hazardous substances ,(including,, but not, limited to, oil, pesticides, chemicals or - radiation) in the event of an accident or Upset conditions? - �,- b. Possible interference with an emergency response pian or an emergency evacuation plan? ,...,, 11. Population, Will the proposal alter the location,: distribution, dansity, or growth rate of the human population of an area? 1/ 12. Housing. WILL tZha proposal affect, existing housing or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? w b..-`..Effects on existing parking facilities, or demand for new parking? C. Substantial impact upon existing.. trans-:.. portation systems? ,� a d. Alterations to present patterns of circula- tion or mave went„of•. people, and/or 'goods?.' I Ali, e. Alterations. toy waterborne-,; rails 'or:=air, traffic,? .Increase f... in traffic hazards to motor vehicles, bicyclists, or.,pedestrinnsT, i 14. Public Servicus. Will the proposal have an effect upon, or result.in a need for new or altered ,ov- ernmental services in any of the following areas: - 4 - ...Y. . ... ` i ,. ,'-e�7N-.�nr1 .. _ _ ..:w.ea.�Mw�w.Vci,'�•i�.u1r'iL'i''Xir�'`yi3 r :-`': 4A r,.. ;T 1+'a`r�: Y2A dub, R2 a. Fire protection? b. Police�protectionT C. Schools? d, Parks or other recreational facilities? e. Kaintenance of public facilities,`'including roads? : t J. Other governmental services? 15. Energy. Vill the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in'demand upon existing' ` sources or energy, or'requiro the development of new sources of energy? 1.6. Utilitex. Will the proposal result in a need'for new systems, or substantial niterations�to the`- following, utilities: a. Power or natural gas? b. Communications systems? ;`,:: :.; :;:, t �. . •.; .: c• �% Suter? C. , r !. d. .Sewer or septic tanks? �l._.; c::. ..r;a ,�,': t,,r:+.. ,:; X e. Storm water, drainage?.: f. Solid waste znd disposal? _ 17. ...-Human Stealth:': ,Will the :prop"osalr result in?,s,< Crdation of :any healthij;azacd orpotential health heazard (excluding mental health)? ,t-t,t•.. ���; .>!::f..s.:i .s';r;.) ;t° •sir.=isssri .� b; _ Exposure of people to' potential,°health' hazards? _,. ✓ ....•��'. :�?•s•,`tf= .t�tat,.i:,.�� �=til iSi� .>s�'„1'.r•.•arsi.lcls�t `I %��;i•jF7f+'i:,, .: .a .. :: `3+'!' ..ari•>�s F• tit ,1.::,-t, ,': :.'7 ,;i�a,�if �ri,•.r,, _ -.i?•; Graf? ?•. v;r cii ..:;�.•r!�,.x :tr"{.,,r,r:tt, WOW i Yu Maybe H2 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view'o'pen to the public; or will Ithe 'proposal'result'in the creation of'an'aesthetically offensive site open to public view? " 19. Recreation:'' Will"tho proposal result in'an Impact upon the quality or quantity of existing' recreational opportunities? 20, Cultural Resources. a. Will the�proposal'result in the alteration of or`the destruction 'of a prehistoric or' / historic archaeological site? b• Will the proposal result in adverse physical or aesthetic effocta to a prehistoric or. / historic building, structure, or object? C. Does the proposal have the potential to cause a physical change which would affect f unique ethnic cultural values? "„ l/ d. Will the proposal restrict existing religious or sacred uses with the potential impact area? L/ 21. Mandatory Findings of Significance., a. Does the project have the potential to degrade , the`quality;ofIthoIe,n►ironment 'substantially raduce`'tha'habitat'of "a fish or wildlife' { species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate` a'plant` ov, ni=1 community,'.'' ' roducd'the iinisber`or`restrict the Irange'of a_ 'rire''or endangered` plant or aniwal or eliminate important 'examples of,,the,'major,'periods oir.t California history or `prehistory? '......_� ..•....,.:`t'J .ti 5:�;`}���� l'..)ii'iti'�i .Ff4'...:r?�,.:t)%r`.S f7. )., ..iL,{'..t'.. -,:. j 6' - i � .:. _ '� �� � 1- .: .. , �L t•,t ,c. sj;A -.. ..-3�e' �r q `' stry 3:-4 v - , �.a+/�..s...w�r�l.�+ aa.tii�.�i+�'.< ii.�„ati�i.�i`,ti✓4.t.«,i.rX�-� �-•=.�'tL 'l,,, .tA•.: ,. YEA llavbe L2 b. Does the project.have the potential to achieve short-tarm,'to-the disadvantage,'of long-term, enviroraicntal goals? (A short -tern impact,on the environment is one which occurs in a,rela- tively brief, definitive period of time while long-term impacts will endure well into_,the, future,) C. Does the project have impacts which are individually limited, but cumulatively,con-:, siderable? (A project may impact on two or more separate resources where the impact on ea-:h resource is relatively,small, but where the effect of the total of those impacts on is the environment significant.). d. Does the project have environmental affects. which will cause substantial adverse effects / on human beings, either directly or indirectly?,,,,r- ,L! III. Discussion of Environmental Evaluation (Narrative description of environmental impacts.) IV. Doteraination On the basis of this initial evaluation: I find that the proposed,project._COULD,NOT,havn.a-significant effect on the environment, and,a"NECATIVE DECLARATION WILL BE ` PREPARED. , I find that although;the„ proposed,project could have aaignif- icant effect on the environmentt.;thore..i+ill not be.a 'significant affect in this_,case,because. the, mitigstion.measurea-described on an attached `"sheet .have: boob added Co the.,project A NEGATIVE DECIAR,ATION HILL' BE PREPARED Izi I find the proposed project N*Y have a significant effect on the environment, and an ENVIRONMENTAL 1HPACT REPORT is required. Q -1912 . &. . �� L IL Date Signature C\PLT\EIRLIST.FRM For 7 ��' ( J� 'R .�,.,, mT r4�'-` �IT..T l.�1�! � 7'V�Afi-'�IY�N�i�`^ T'l��mi��J��Q1��►YM.`i'R'+.MY�'!Y^�i5iV11`�?Ar.M fId�M A�MARM1"1ri�1 .iv.l l�iM YM1•.e.. Mn.LpY. +�.Pii.i'%.'9f .P-M�� y/R•-) el'•.ti:n.f Newport Aquatic Center The original approval of the Newport Aquatic Center included 0;a Acceptance and certification of a Negative Declaration, The purpose of Oils Initial Study is to review the changes to the approved project to innurn that no adverse environmental effects will be incurred by the changes to the site plan. The previously certified Negative Declaration and supporting, Initial Study is hereby incorporated into this environmental document nit if fully set forth. The proposed changes involve the relocation of the dock facilities to a to -be -dredged part of the North Star Beach site. lb. The implementation of the project will result in excavating An inlet to provide a dock facility for the Newport Aquatic Center, disrupting and displacing the soil. Similar excavation would have been required to implement the dock in the previous location, and the affects of the construction are also similar. The previously required mi.tigntion measures will assure an insignificant level of environmental effect. le. The project will change the topography of the site in the area of excavation. The change is from a flat, sandy honch to it smnll tidal area. It is in character with the bay location of North Star Beach, and is not considered a significant effect. le. An increase in erosion could occur during construction of thn project. The mitigation measures previously required will assure that the affect is mitigated to a level of insignificance. if. The potential increased erosion would make small changes to the Upper Newport Bay channels if allowed to occur. Mitigation measures which address the erosion potential also mitigated this potential effect to a level of insignificance. 3d. The new inlet will increase the amount of surface water in Upper Newport Bay. This not considered an adverse impact. 3e. There may be some increase in turbidity during the construction of the inlet area. The affect will be eliminated upon conclusion of construction, and is an insignificant adverse effect. 5d. The relocation of the dock facility will decrease its proximity to an existing freshwater riparian area on the North Star Beach site. Strict compliance with the proposed site plan will assure that an appropriate distance is maintained to protect this sensitive resource, and no adverse effects are anticipated. 19. Addition of a dock will enhance the operation of the Newport Aquatic Center, and is A beneficial impact of the project. 33. The proposed project site now exists as dredge spoil deposited during construction of a portion of pover Shores. The submitted plans provide the appropriate information on topography, soil stability, and on the structure contiguous to the proposed site. The majority of the project site has little or no plant and animal life. The animal life impacted will he the project area relating to the Intertidal Zone. Any destruction of this habitat zone will be mitigated by the creation of a like amount of quality and quantity of Intertidal Habitat Zone. If the current design is implemented, necessary mitigation will take place as part of the dock basin project and could ever create a net gain of Intertidal and Subtidal area. The pickle weed and chord grass areas adjacent to the proposed project area will not be touched under any circumstances. In the area between the pickle weed and chord grass, and the proposed mouth of the dock basin, every effort will be made to create new areas to expand and enhance these vegetative areas. 34. The property immediately surrounding the proposed dock area is shown on the provided plans and is jointly owned by the City of Newport Beach and the County of Orange. There is, what has been referred to by the California Coastal Commisison, an existing Riparian Zone which consists of various indigenous and introduced plant life. Outside the very perimeter of the City/County property are single family residence which is known as the Dover Shores area. .. - .. .... ... ...... [....,...� .n.... .,. ...........f,. ".—.�....3. �✓L.v+�: ..S K.. i.� ".. .... r. ... ...i . �-tl �4 ��.. "�.a .. s ;i.�:.. .lNa4`!i 'f 4��ti5jT. � ... .K1 e . .. , CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH. CA 92658.8915 SFP 2 ?. 1988 G6tiY l 7,V,:c,_f NOTICE OF DETERMINATION et-1 TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk Public Services Division P.O. Box 830 'Tanta Ana, CA 92702 FROM- City of N(rwir)rt Beach Planning [xq,nrtmnt 3300 NeKx)rt. Houlevo:d P.O. Box 1 N,i1 tlewport Beach, CA 92658-8915 SUBJECT: Filing of Notice of Determination in compliance with Section 7.1108 or 21152 of the Public Resources Code. PROJECT TITLE: Newport Aquatic Center PRUJFSCT 1"'ATI01i:0ne White Sails Way, Newport Beach, California PROJECT Relocation of a previously approved dock facility for the Newport Aquatic Center. CONTACT PF.PSON: Patricia L. Temple TELEPHONE NOt 714/ 644-3225 STATE CLEARIIK.110USE NUMBER: Not applicable. This is to advise that the City of Newport teach has mi-ide the following determinations regarding the above described project: 1. The project has been X approved, disapproved by the City of Newport Beach. 2. The project will, X will not have a significant effect on the environrr_nt. 3. ❑An Environnenral Impact Report was prepared for this project pursuant to the provisions of CEQA. �A Negative Declaration was prepared for this project pursuant to the provisions of CE:QA. A copy of the negative Declaration is attached. 4. Mitigation measures X were, were not made a condition of approval of this project. 5. A Statement of Overriding Considerations was, X was not adopted for this project. 6. The Final Environmental Document and the record of the project approval may be examined at the Planning Department of the City of Newport Bo.ach, 3300 Newport Boulevard, Newport Beach, CA 92658-0915,(714)644/J225. LATE PXCEIVED FOR FILING: P O ID Patricia L. Temple, Principal Planner ENVIROMENTAL COOK)INATOR DATE: 21 September 1988 88 GARY L.fiV1-,','f;l.. !' my CW, k By UTY 33 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH �� 211s88 P.O. SOX 1768. NEWPORT BEACH, CA 9265"915 NEGATIVE DECLARATI TO: Office of Planning and Research El 1400 Tenth Street, Room 121 Sacramento, CA 95R14 ElCounty Clerk of the County of Orange P.O. Box 038 Santa Ana, CA 92702 NAME Of PROJECT: FROM: Planninci Det�artmnnt City of Nawpe)rt Beach P.O. immix 1760 Newport lieich, CA 92658-8915 PROJECT IACATION, one White Sails Way, Newport Beach, CA PROJECT DESCRIPTION: Relocation of a previously approved dock facility for the Newport Aquatic Center. FINDING: Pursuant to the provisions of City Council Policy K-3 portaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Corunittee has evaluated the proposed project anti determined that the proposed project will not havu n significant effect on the environment. MITIGATTON MEASURES: See initial study. I111TIAL STUDY PREPARED BY: City of Newport Beach INITIAL STUDY AVAILABLE FOR REVIEW AT: 3300 Newport Boulevard, ticw,port Beach, CA DATE. 149CEIVED FOR FILING: POSTED JUL 211988 OM L GWMLLE CouM Clerk Sll` , �-- DEPUTY 3300_Newport E3oLa Gvd& Newport Beach Environmental Coordinator DATr.: July 18, 1989 i Date Piled 7/6/88 General Information 1. Name and address of developer or project sponsor: Newport Aquatic Center 2. Address of project: one White Cliffs Drive Assessor's Block and Lot Number: •f'• 1117-381-006 3. Nana, address, and telephone number of person to be contacted concern- ingg this project, Curtis Fleming, Newport Aquatic Cantor, one white Cliffs Driv©, Newpodrrt Deac , California - 646-1725 4, It:?A&765 ndggr of the permit application for the project to which this form pertains: 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regtonAl, state and federal agencies-1) California Coastal Comrnissiont Amendment to Permit No. 5-84-786-A. 2) Department of Fish i Came; Xppzbval in Concept. Army Corp. of Engineers; Approval in Concept. 6. Existing zoning district: 7. Proposed use of site (Project for which this form is filed): Roving the approved boat dock from one area on the sito to another area on the site. Project Description S. Site size. As per elan. 9. Square footage, N/A 10. Number of floors of construction. N/A 11. Amount of off-streat parking provided. 12. Attach plans. 13, Proposed 'scheduling'.' ! r..i• 14, Associated project. 15. Anticipated incremental development. 16. . If residential; � include' the number of units`, 'schedule' of unit sizes, range of sale prices or rents, and typo of hounahold-size expected. N/A • 1 17. If commercial, indicator, the ::type,•,,Awther, neighborhood, city or regionally oriented, square footage of sales area, and loading facili- ties. N/A 18, If industrial. indicate type, estimated employment per shift, and loading facilities. N/A 19. If institutional, indicate the major function. estimated employment per shift, estimated. occupancy, loading facilities, and community benefits to be derived from the project. N/A 20. If the project involves a variance, conditional use or .rezoning application, state this and indicate 'clearly _Whey: the application is required. N/A Are the following items applicable to the project or its affects?. Discuss below all items checked yes (attach additional sheets as necessary). Yes No 21. Change in existing features of any bays, tidelands, benches, x _ or hills, or substantial alteration of ground contours. , See attached plans. 22. Change in scenic views or vistas from existing residential X — areas or public lands or roads. Residents along Bluff may see proposed dock area. 23. Change in pattern, scale or character of general area of X project. 24. Significant amounts of solid waste or litter. _-, X 25. Change in dust, ash, smoke, fumes or odors in vicinity. _ X 26. Change in ocean, bay, lake, stream or ground water quality or ,._ quantity, or alteration of existing drainage patterns,..;;; 27. Substantial change in existing noise or vibration levels x the vicinity. 28. Site on filled land or on slope of 10 percent or morn. X_ The entire site is dredge .fill. .,, i.s� ' q i• ' . 29. Use of disposal of potentially hazardous nateriala, such as X toxic substances, flammables or explosives. 30. Substantial change in demand for municipal servLcea,(polico.,;0 _,_.;i X fire, water, sewage, etc.). 31. Substantially increase fossil fuel consumption (electricity. oil, natural gas, etc.). 32.. Relationship tq,a larger project or.series. of, projects. ;,s...,t ;; X . w ,Dock area,will: service: oxisting:boat rhouse faeili,tids. 2 t Wy1ronmental Setting 33, Describe the project site as it exists before the project, including Information on topography, soil stability, plants and animals, and any cultural, historical or iconic aspects. Describe any existing struc- tures on -the site, and the use of the structures. Attach photographs of the site-. Snapshots'or polaroid photos will be accepted. 34. Describer"the surrounding properties, including information on plants and animals and any cultural -.historical, or'scanic aspects'; Indicate the type'of land -use,(residential. com wrcial.-'etc;),'tintensity of land use (one -family. apartment houses, shops, department stores, etc.), and scale of development (height;, -frontage, eat -back, rear yard. etc.). Attach photographs ,of the vicinity. Snapshots or polaroid photos will be accepted.' Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this itiitial evalua- tion to the best of my ability, and that the facts, statements, and informa- tion presented are true and correct to the best of my knowledge and belief, �1/0�Frs- ( I e e 1 i�e Date Signature 14.A For C\PL'\EI RFORH a r. �I, .!� �•e :1`,..I}}V-: a .rJ .- . .. '.i'. it. ._'I �y� rrii. t k'l {. .,, li••� �i ! �/,� .., _ is '1:��. r:!'i-1. �3 .. - '4� .�'.'31ii:1:y ��iii 1 ��. .`����.. i•:1'[. tv �. r:'J - 3 - . .. . ,. �_.- :1r•r ..... 1.+.'. ,. ... .l �.. _.. .r s:•: ... K'��b 3,. :11:;y,Y � �f L•.. �-r " I. Background 1. 2. Nose of Proponent Newm .1 UAi is (g!`ila r .— 1.1.. --- `• - -- e 3. Date Checklist Submitted &I 4. Agency Requiring Checklist �%%�i_(1` A&PO'a 5. Name of Proposal, if applicable 11,6E2 w. � g 3-14�q (A) 11. Environmental Impacts (Explanations of all "yam" and "maybe" answers are required on attached sheets.) X" liavbe N.s 1. Earth. ,Will t1i proposal result in; .a. unstable earthconditions or in changes in Y %oologic'subst`ructures? b, Disruptions, displacements, compaction or overcovering of the soil? C. Change in topography or ground surface relief features? d. The destruction, covering or modification / of any unique geologic or physical features? Z a. Any increase in wind or water erosion of / �. Soils, either on or off the site? — f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or — any bay, inlet or lake? S. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? 1 - 2. Air. Will the proposal result in.. a, Substantial air.emissions or deterioration . of ; ambient `air quality? b. The creation of objectionable odors? C. Alteration of air movement. moisture, or,: - temperature. or any change in climate. either locally or.regionslly? 3.......Vater. Will the proposal result: in: „- . ; •; -: s. Changes'in currents, or the course of! •i . direction of water movements, in either / marine or frosh' waters? b. Changes in absorption, rates,:drainage patterns,,or the rate and amount of_ surface'runoff? C. Alterations to the course or flow of flood waters?: d. Change in the amount of surface water . In any water body? `i e, Discharge into surface.waters, or in any.(.:, alteration of surface water quality, including but not. limited to temperature; dissolved turbidity? —dissolved oxygen or i ;a,.•! ._ f. Alteration of the 'direction; or, rate, of flow of ground water? Ili g, Change in the quantity of ground waters, either (through �direct-sdditions•_or with-,r drawals, or through interception of an by�.cuts or'•oxcavations?:ice aquifer h. Substantial reduction in the amount of water otherwise available.: for; public.( i>ofv; f 'r� / water suppliesT fi�c"=:1y n;r.Y ezci��r•i::7#a, Ji.�'1:. t .t/ I. Exposure of people or property to water related hazards such as flooding or tidal waves? —2. [ ,i.:i:#... .,.. ,, r4.-,s,r_ ,t..,.Jti're :0 i. ..ri. f+,..., .-or,,..•�W-,i*"St�''i•'•i.f%h`^i`i�`rf9 -:uir XU maybe S2 4. Plant Life, Will the proposal result in: a. Change in;the diversity of species, or.num-_ t ber of any species of plants (including trees,: shrubs, grass, crops, and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants?- C. Introduction of new species of plants.into4 an area, or in a barrier to the normal replenishment of existing -species?. d. Reduction in acreage of any agricultural -crop? 5.. Animal Life. Will the proposal result in: . a, Change in the•diversity of: species, or num bens of any species of,animals (birds, land animals including reptiles, fish and shell fish, benthic organisms or insects)? b. Reduction of the numbers of any unique, rare or endangered species of animals? c. ' Introduction of new species of animals into an area, or result in a barrier to the migra- tion or movement of animals? _. d. Daterioration'to existing:•fish or wildlifei-nf habitat? 7,;1.��. .: `i ,,; .:,,.f• ._... _ . b. Noise. .{all the .proposal; result:` in., 1 + ........ A. Increases in existing noise levels? _ ..?.�,'G'r F,f1L`C�S? '!c] `,�!!'..i.:1�r -:.[: its �J'�as,Y.r •;. b. Exposure'of psople!to':eevere:roi,e levels?rig!. ,� � ,tr. lc+ rrT{"1i�!i'}S�,�F1,1 f(;t's+!'1'r�? 7.; ,%•.�1:Tt.,';t> 7. - Ligbt and Clare. Willn the •proposal produce nexif)i.f, light or glare? to : rnuu: f; -T:I,a r! [ { tt 1 •Fn t ! ci..�? ~+; B. Land Use. Will" in?a,sub• stantial alteration of the present or. -planned fiv land use of an area? j C.'a r,1 '�',.A t:]f{R`i l{ `Sc 5.:,�: •:+{ aCr tT7 il^ {is.] ..�f ••N 3, • l �.��..»E`i'A�� , ri <l' .` f� �.. •�i�l•� i'i f..�' Fa 1� `21' n3r� # ii f'. ; 7 1 tS+ �rj § . t•r i'.ri � l+ • r �f•�t1 � r {�•. W 1 r J � �A- �. 1 Sj e� XU my" & 9. Natural Resources. Will the proposal result in:. + a. Increase in the rate of use of any natural. resources? , 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances.(including, but.not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or 3 upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation ' plan? 1l. Population. 'Will the proposal alter the location,.. distribution, density, or growth rate of the human population of an area? _ 12. Housing. Will.the proposal affect existing housing>.:. or create a,demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: A. Generation of substAntial.additional.. E vehicular movement? b. Effects on existing parking facilities, or _ demand for new parking? 1� c._ Substantial impact upon existing trans-.,, �.;. portation systems? d. Alterations to present patterns of circula- tion or movement .of; peoplo,,and/or t goods? ; :!. ,;E e. Alterations � to :waterbotno; f rail -or sir.;traffic7_-, f. Increase in traffic hazards to motor vehicles, bicyclists;i.or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered gov- ernmental services in any of the following areas: . 4— � n_z ,. . , .�_ � . - .. .. . , ,- Ss:y ,- v .v �".. ., .. f ,., r _. �. b�-v-r�<,i. t.-..•.v +� � �« �fl:Axt-sleYf�3. , �"4, , ., + �, 1 XU daybA HQ 8. Fire protection?,-. b. Police,prdtection?- C. schools? d. Parks or other recreational facilities? a. Maintenance,'of publit'facilities,--including roads? f. . other governmental services? 15. Energy. Will the proposal result -in -.- a. Use of substantial amounts of fuel or energy?- b. Substantial increase In demand upon existing sources of energy, or require the development of now eources of energy? 16. Utilites. I WL11 the proposal result in a need for new - systems, ar,substantlal; alterations to the 81 following utilities - a. Power or natural gas? b. Communications systems? C. Water? I d., ;;,�j� - Sewer or septic tanks? fl YU, l 6. Storm water-draifiAge? f Solid waste and disposal? ..;: III -1-S J:t 'in - "; I -, -,.; 17.,.-, thuman 1iealth,.b,,.WIllk,tha� proposaVresult,lin? :c) tr &—..-�Criationf6f any,ihealthoaziard or-potsntial,.,�Ji; health heazard (excluding mental health)? b. — Exposura of people to-!p6tential heal th,-1 hazards? p YIn . I I I 3q )I. 4o t .15'... Yu tidyha tisi 18. Aesthetics, Will,the proposal result in the obstruction of'sny scenic vista or view open to the public',` or will the proposal result in the ' creation of an aesthetically offensive site open,' to public view? 19. Recreation. Will the proposal result in an ' impact upon the quality or quantity of existing'' recreational opportunities? 20. Cultural Resources. a. Will'the'proposal result in the alteration of or -the destruction of a prehistoric or historic` archaeological site? b. Will thelproposal result: in adverse physical or aesthetic effects to a prehistoric or ' historic building, structure, or obj+ct? C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses with the potential impact area? L( 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the '' ality'of 'the`iecivironment, substantially Vraduce th`e"habitat'of'a fish or xildlife•' '- :',•.i'.- - species, cause a fish or wildlife population to drop below self sustaining levels, threaten to`•eliminatat's plant or' animal'"co=auriity `reduce''the' number or iestrict'the range *of a' `rare or-andangered plant or'animal or aliminetu° important' examples "of'the "jor periods 'ofl 11:1�• ' '. California history or'prehistory? •`!7:: �. _.....e iJ ..1. .-1 �It). �.? t1�1•��?� ..• .. .i�2... t1'1�7 (.i 1. .ee I • s: :a .I'S t:� 1 h • e.i. l a e ... .�, e, t:_I r� , � _ u .. F.'�_. �i'•i t - , a -.:. � .1. �.� . .��! "1 4� yii' hif��l` - b. Does the project.havo the potential to achieve short-term, to the disadvantage,of long-term, environmental goals? (A short -tern impact on the environment is one which occurs in,& rele- tively brief, definitive period of time while long-term impacts will endure wall into the / future.) ,_,_ ✓ C. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or mote separate resources where the impact on each resource; is relatively small, but where the effect of the total of those impacts on is the environment significant.) d. Does the project have environmental effects which will cause substantial adverse effects / on human beings, either directly or indirectly?� III. Discussion of Environmental. Evaluation (Narrative description of environmental impacts.) IV. Determination On the basis of this initial evaluation: I find that. -the proposed project COULD NOT,have,a_signlficant effect on the environment,. and;a NEGATIVE DRCIA ATION.WILL 11E PREPARED. I find that although_ the-proposed:project could,have ,a, signif• icant affect on .the environment,. there will, not. be.a.,significant effect in.this case because;,ths mitigation measures doscribod on an attached ;shest,hava,been added ,to .the project.,. A NEGATIVE DECLARATION VILLI BE,pREPARED.;. ; I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date Signature CLPLT\EIRLIST.FRH For 7. Newport Aquatic Center The original approval of the Newport Aquatic Center included th+ ecceptanco and certification of a Negative Declaration. The purpose of thin Initial Study in to review the changes to the approved project to Snouts that no adverse environmental effects will bo incurred by the chanLrs to the site plan. The previously certified Negative Declaration and supporting, Initial Study is hereby incorporated into this environmental document as if fully set forth, The proposed changes imrolve the relocation of the dock facilities to a to -be -dredged part of the North Star Beach site, lb. The implementation of the project will result in excavating an inlet to provide a dock facility for the Newport Aquatic Center, disrupting and displacing the soil. Similar excavation would have been required to implement the dock in the previous location, and the effects of the construction are also similar. The previously required mitigation measures will assure an insignificant level of environmental effect. lc. The project will change the topography of the site in the area of excavation. The change is from a flat, sandy beach to a small tidal area. It is in character with the bay location of North Star Beach, and is not considered a significarst effect. le. An increase in erosion could occur during construction of the project. The mitigation measures previously required will assure that the effect is mitigated to a level of insignificance. If. The potential increased erosion would make small changes to the Upper Newport Bay, channels if allowed to occur. Mitigation measures which address the erosion potential also mitigated this potential effect to a level of insignificance. 3d. The new inlet will increase the amount of surface water in Upper Newport Bay. This not considered an adverse impact. 3e. There may be some increase in turbidity during the construction of the inlet area. The effect will be eliminated upon conclusion of construction, and is an insignificant adverse effect. 5d. The relocation of the dock facility will decrease its proximity to an existing freshwater riparian area on the North Star Beach site. Strict compliance with the proposed site plan will assure that an appropriate distance is maintained to protect this sensitive resource, and no adverse effects are anticipated. 19. Addition of a dock will enhance the operation of the Itewport Aquatic Center, and is a beneficial impact of the project. 33. The proposed project site now exists as dredge spoil deposited during construction of a portion of Dover Shores. The submitted plans provide the appropriate information on topography, soil stability, and on the structure contiguous to the proposed site. The majority of the project site has little or no plant and animal life. The animal life impacted will be tho project area relating to the Intertidal Zone. Any dentruction of this habitat zone will be mitigated by the creation of a like amount of quality and quantit; of Intertidal NabiLat Zone. If the current design is implemented, necessary mitigation will take place as part of the dock basin project and could ever create a net gain of Intertidal and Subtidal area. The pickle weed and chord grass areas adjacent to the proposed project area will not be touched under any circumstances. In the area between the pickle weed and chord grass, and the proposed mouth of the dock basin, every effort will be made to create new areas to expand and enhance these vegetative areas. 34. The property immediately surrounding the proposed dock area is shown on the provided plans and is jointly owned by the City of Newport Beach and the County of Orange. There is, what has been referred to by the California Coastal Commisison, an existing Riparian Zone which consists of various indigenous and introduced plant life. Outside the very perimeter of the Cit7/County property are single family residence which is known as the Dover Shores area. 0 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST 2L"VANCE PLANNING DIVISION &PUBLIC WORKS DEFARTKW &-TRAFFIC ENGINEER &-FIRE DEPARTMENT 2LPLAN REVIEW DIVISION _,_,PARKS & RECREATION X_POLICE DEPARTMENT MARINE SAFETY —GRADING Date_Auguet 2. 19BR _2—PLANS ATTACHED (PLFASE RETURN) „_PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: Newport Aquatic Centor and the City of Newport Beach FOR: Use Permit No. 3104 (Amended) 1 i !t • 1 • • • t ; 1 • • : !; 13l•! • t r • 1 / ' • • ► l 1 1 • • a LOCATION: 1 White Cliffs Drive REPORT REQUESTED BY: August 8. 1966 COMMISSION REVIEW: August 18. 1998 COMMENTS: 10 ' t^=�.,.'i: • rws:'i''. rs sf 4 . =6 ';' a •5' '+r.'r1t �ill�cy k 'e+;r 'L try r..-.... ...... � ..� . .w�-. r...+�.rr,wrn......�- .a rw .� .. ... �—... ..:� r ...rv-w..r..a...le•/. �r++rar._— _ KM'ar �. i. .,., +. r CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST &-ADVANCE PLANNING DIVISION &-PUBLIC WORKS DEPARTMENT 2.TRAFPIC ENGINEER 2LFIRE DEPARTMENT X,PiAN REVIEW DIVISION „_,,,PARKS 6 RECREATION X_POLICE DEPARTMENT —MARINE SAFETY ,_GRADING Date Aurustit 2. 1988 _PLANS ATTACHED (PLEASE RETURN) __PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: Newport Aquatic Center and the City of Newport Beach FOR: Use Permit No. 3104 (Amended) • • r liM 1 rJ 4GWA IL-11V I VAW 16313 1 t o i�Miu-N41 t '1 r1 ' t•l �r f i 1 / f �t 1 • • rr r at f 1 1' t• LOCATION: 1 White Cliffs Drive REPORT REQUESTED BY: August 8. 1988 COMMISSION REVIEW: Augcsst 18._ 1988 COMMENTS : -_7- .. _ .... ,.... .. .. ..�....». ..�.....� ....,..,.awn+.+,-.+,.+-�....... M.+w.�.r..rs" 'r'.?� CITY OF NEWPORT BEACH PLANNING DEPARTMENT FLAN REVIEW REQUEST X-ADVANCE PLANNING DIVISION 2LFUBLIC WORKS DEPARTMENT X_TRAFFIC ENGINEER AFIRE DEPARTMENT 2,PLAH REVIEW DIVISION PARKS 6 RECREATION X POLICE DEPARTMENT __J%RINE SAFETY _GRADING Date August 2. 1988 _PLANS ATTACHED (PLEASE RETURN) _PLANS ON FILE IN PLANNING DEVT. APPLICATION OF: Newport Aquatic Canter and the City.of Newport Beach FOR: Use Permit No. 3104 (Amended) • . r4• . • R-10 I 1 •• 1 rim I'ITIM LOCATION: 1 White Cliffs Drive REPOkT REQUESTED BY: COHHISSION REVIEW: August 18, 1988 COMMENTS: 041c �Ol , IF Da t . �.- ..- - ,....,�..w.+.�.r-.+or..........r.wer-ww.r........�...a.anw.....a-....aw.•.vr...r��,..,..^-.v--.stA .�vi►•a1s�F�wr.�pN .: CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST Z,ADVANCE PLANNING DIVISION X—PUBLIC WORKS DEPARTMENT 2LT'RAFFIC ENGINEER 2LFIRE DEPARTMENT 2LPLAN REVIEW DIVISION —PARKS & RECREATION X_POLICE DEPARTMENT' _MARINE SAFETY _GRADING Date aus! si t_2_. 9afl X_PLA2iS ATTACHED (PLEASE RETURR) —PLA`iS ON FILE IN PLANNING DEPT. APPLICATION OF: Newport Aquatic Center and the City of liewport Beach FOR: Use Permit No. 3104 (Amended) REQUEST T0: A,mmd_ a_preyiously apo_,rov,Pd Mai Ver,mit which permitted the gunstructio of a multi -use aevati_r, curer in the Utiglass fled Ditwtr ct The vroposod_ amendment involves a reouest to revise the location of the previcusly approved launching dock,Hithin the project. IACATION: 1 White Cliffs Drive REPORT REQUESTED BY: August 8. 1988 ffl"TSSION RFVTFW' Auvuar 1R 14RR ..s�•�.w +... .. .�.� r.. r r.,w �•. .,..w .,. .. •, ..._., .... _rr, �... w. �. ..- _ e ....... ♦.. .r .. i. .,� i..0�fY4%. �I1+�aorllc ' ., .- CITY OF NE_UTORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST LADVASCE PLANNING DIVISION j,_PUBLIC WORKS DEPARTMENT j_TRAFFIC ENGINEER X,FIRE DEPARTYJ= X„PLAN REVIEW DIVISION —PARKS & RECREATION - X_POLICE DEPARTMENT _J1ARINE SAFETY GRADING Date,bueust 2. 1988 X _PIANS ATTACHED (PLEASE RETURN) PLANS ON FILE IN PLANNING DEPT, APPLICATION OF: Newport Aquatic Center and the City of Newport Beech FOR: Uae Permit No, 3104-(Amended) � i r �•1 ,� • a 1 1 1 !� 1 1 1' f LOCATION: 1 White Cliffs Drive REPORT REQUESTED BY: COMMISSION REVIEW: AAgmst 18, 1988 COMMENTS: PLEASE SEE FEVERSE'SIDE The parcel is located in an area designated for "itECRY.ATIONAL AND OPEN SPACE" usage by bo di the' Land Use Element and 'Plan" (L.U.E.) of the General Plan, and the .Aral Coastal Pro& aro. Land Use Plan (�-). The existing use, a "van -powered" boating base, and the proposed alteration of existing operational characteristics is consistent with the land uses permitted by this land use category. There are n2 relevant "area" land use policies given for 'North Star Beach' in the L U L,. While the L.C.E. does identify at least some portion of the parcel as being on "environmentally sensitive area" (whore a small freshwater stream, with its source at a drain pipe at the cliff base, supports a small riparian area -- including some 'volunteer arroyo willows') that shall be preserved, the document does contain a specific area policy statement which identifies the beach's aforementioned land use category and proposes that the site be improved to provide a higher -quality (public) beach. Neither the existing development, or the proposed movement of the crafts' dock will impact this ecological area. While the L.C.P. does = outline any specific policies for additions, or adjustments to existing shoreline structures (such as the existing "aquatic center" facilities), it does mention sections of the California Coastal Act that "establish conditions under which construction of shoreline structures any occur." Consistent with those conditions, certain mitigation measures should be incorporated into any approval(s) of this project to insure safeguarding of the bay's environmental resources; Including, but not limited to: 1. That adequate provisions be taken to insure that no excessive debris or foreign material be permitted to enter the bay during any demolition, movement, and additionnl construction. 2. That a siltation, dust, and debris control plan shall be submitted and be subject to approval by the Building Department and a copy will be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. This shall be a complete plan for temporary and permanent facilities to uinimiza any potential impacts from silt, debris, and other water pollutants. 3. That the siltation, dust, and debris control plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize the impact of haul operations (if required). 4. That n Harbor Permit shall be obtained prior to any movement of, alteration and addition to the existing dock facilities. 5. That a weekly cleanup program around the dock shall be conducted on a regular basis to prevent waste and debris from falling into or entering Newport Bay. b. That the project is located within the "California Coastal Zone" and will require State Coastal Commission approval, in addition to all necessary City and other approvals herstofore mentioned. fig CONFLICT Signature: Date: 08 August 1288 C:\VP\UP3104A.PRA CITY OF NEWPORT BEACH PUNNING DEPARTMENT PLAN REVIEW REQUEST ADVANCE PLANNING DIVISION X_PUBLIC WORY.S DEPARTMENT JLTRAFFIC ENGINEER 2LFIRE DEPARIKENT; 2LPLAN REVIEW DIVISION _PARKS & RECREATION X_POLICE DEPARTMENT _MARINE SAFETY GRADING Data_AuRuat 2. 1988 _PLANS ATTACHED (PLEASE RETURN) ,PUNS ON FILE IN PIANNING DEPT. APPLICATION OF: Newport Aquatic Center and the City of Newport Beach FOR: Use Permit No, 3104 (Amended) 1 its' 1 ! I . • I • ♦ r . � + II ! t • It - . 1 �1 . •••:• +II 1!11�1 1 •r • a a 1a . •1 r 1� • • •• r -• I 1 1 M.N. M. 11 1 LOCATION: 1 White Cliffs Drive REPORT REQUESTED BY: August S. 1968 COMMISSION REVIEW: August 18. 198 COMMP.NTS : IN 1. No com.-nent on the relocation of the launching ramp. 2. There is to be an all weather driving surface around the building capable of supporting a fire truck. AUG d Stenature: ``�-� Date: _ice_ -- .. ,�! .. ..� 1 r .. , .. -%'3 ,. �`: .1i:..+�:a:a'CS,%► tr'�`:%s�''i:.�d`.. `„�,;-'-� :'fie re.lit.yifai"+tr '�+.�-• �r�,F''+rfr+iZ'•ia+•`�'-W. ;��a' ,. s:.'..f1 ;;`' • Planning Commission Heett; &2LuIt 18. 19R_P. Agenda Item No. 3 CITY OF NEWPORT BEACH TO: Planning Commission FRO.: Planning Department SUBJECT: U2o Permit No. 310G (Amonded)(Public Ifeariny) Amend a previously approved use permit which permitted the construction of a multi -use aquatic center in the Unclassified District. The proposed amendment involves a request to revise the location of the previously approved launching dock within the project and the acceptance of an environmental documer�- LOCATION: A portion of Lot 165, Irvine's Subdivision, loented at 420 North Scar Lune on the northerly aide of !forth Star Lane, easterly of White Cliffs Drive, in Wostcliff. ZONE: Uric 1 ass i f ied APPLICANT: City of Newport Beach and the Newport Beach Aquatic Center, Newport Beach OWNER: City of Ne.rport Beach and the County of Orange This is a request to amend A previously approved use permit which permitted the construction of n multi -sae Aquatic center in the Unclaaaitied District. The proposed amendment involves a request to revise the location of the previously approved launching dock within the project. A use permit is required for, any development in the Unclassified District. Use 'permit procedures are outlined in Chapter 20.80 of the Municipal Code. Environmental Significanco In accordanco with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K-3, an Initial Study has been prepared for the project. Based on the information contained in the Initial Study, it has been determined that the project will not have any significant effect on the environiaent, A Negative Declartit-ion has been prepared and is attached for ^.o=ission review. ConfaCsnRr,r with the Opneral Min and Local nastnI Promim Both the Land Use Element of the General Plan and Local Conrtnl Program, Land Use Plan desigrinto the site for "Recreational and Environmental Open Space" use. This designation is applied to areas intended to be used for fncilities of a recreational or open space nature. The Recreation and Open TO: Planni�Cosmsission • 2 • Space Element of the General Plan specifically provides for development of the rate with an ayintic center. Subiect Property and urrpunding i.and Uses The subject property consists of a 9.3 acre public tidelands arnn commonly known as North Star Beach. The Newport Beach Aquatic Center is currently developed on the site. To the north and west are single family ravidences; to the oast is the Upper Newport Bay Ecological Reserve. hackground In the June, 1982, Municipal election, a 67 percent majority of the voters approved the lease of North Star Beach to allow a non-profit corporation to construct, at no cost to the city, an aquatic center for human powered craft. On September 6. 1984, the Planning Commission approved Ilse Permit No. 3104 and a traffic study which permitted the construction of an 18,228 square foot aquatic center on the subject property. The approved development included boat storage, an exercise room, weight room, locker room, meeting room, coordinator apartment, and boat workshop. On February 14, 1985, the Coastal Commission approved the project. On March 24, 1987, the Newport Aquatic Center, Inc. entered into a ground lease with the City of Newport Beach for use of North Star peach for the aquatic center. The first prase of construction on the projiict, an 8,154 square foot boat storage building with locker rooms was completed in October, 1987. Currently. boats are launched across the sand at the facility. The applicant has indicated that this situation is undesirable duos to damage to boats and boaters from sharp shells on the beach. As plans have proceeded for installation of the launching dock, the applicant has worked with the California State Department of Fish and Came and the United States Army Corps of Engineers to minimize environmental impacts associated with the construction of the dock. Based on input from these agencies, it appears that the best location for the launching dock is that currently proposed as opposed to the location originally approved by the Planning Commission. The applicant has therefore regjested an amendment to the original use permit so as to provide for the new dock location. s The applicant proposes to locate a floating dock to be used by the aquatic center northeasterly of the boat storage building, as compared to the previously approved location easterly of the building, Tbo dock will be 90 feet long by 10 feet wide. Boaters will hand carry the boats down a floating ramp to the dock. Th., ramp is not shown on the proposed plans because the final location of the ramp has not yet been determined. Staff suggests that the final location of the ramp be made subject to the approval of the Planning Director, the Public Works Director, and the Parks, Beaches, and Recreation Director. A portion of the existing beach and wetlands will be excavated in order to • TO: Planning oo mission - 3 provide a boat basin adjacent to the dock. In a net increase in intertidal 'Wetlands. Specific FindinKs However, the project will result Section 20.80.060 of the Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the entabiishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission wish to approve this application, appropriate findings and conditions are set forth in Exhibit "A". Vo findings for denial have been included at this time, although it is possible a basis for denial may arise as a result of previously unknown information presented at the public hearing. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By SANDRA L. GENIS Senior Planner Attachments: Exhibit "A" Vicinity lisp Letter from Applicant Mitigation Exhibit Negative -Declaration Excerpt of the Planning Commission Minutes Dated September 6, 1985 Plot Plan ,. i ... ,5 ;s r 9•. . r , TO: PlanninfOommission - 4 EXHIBIT 'A" FINDINGS AND CONDITIONS OF APPROVAL. FOR USE PERMIT 110. 3104 (AMF11DED) 1. That the proposed project is consiutant with the Land Use Element of the General Plan and with the Local Coastal Program and is compatible with the surrounding land uses. 2. That a Negative Declaration has boon prepared and that the proposed project, as conditioned, will not have any significant environmental Ltnpact, 3. That additional tidal wetlands will be cleated, 4. That the project has been revinwod by the California State Department of Fish tend Game, and the project has been modified in runponso to the suggestions of the Department of Fluh and Came. 5. That the approval of this amendment to Una Permit No. 3104 will not, under the circumntnt►cos of this case, be detrimental to the health, nntnty, peace, morals, comfort and general wolfaro of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City, 0141 1. That development shall be in substantial conformance with the approved plot plan. 2. That all applicable conditions of approval of Use Permit No. 3104 as approved by the Planning Commission on September b, 1985 shall remain in effect. 3. That the final location of the boat ramp shall meet the approval of the Planning Director, the Public Works Director, and the Parks, Beaches and Recreation Director. 4. That an all weather driving surface capable of supporting a fire truck shall be constructed around the building. 5. That adequate provisions be taken to insure that no excessive debris or foreign material be permitted to enter the bay during any demolition, movement, and additional construction. . TO: Planningkission - 5 b. That a siltation, dust, and debris control plan shall be submitted and be subject to approval by thn Building Department and a copy will be forwarded to the California Regional Untar Quality Control Board, Santa Ana Region. Thins rhall be a complete plan for temporary and permanent facilities to minimize any potential impnets from silt, debrLs, and other water pollutants, 7. That the siltation, dust, and debris control plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize the impact of haul operations (if required). 8. That a weekly cleanup program around the dock shall be conducted on a regular basin to prevent waste and debris from falling into or cratering Newport Bay. 9. That all other approvals required by law shall be obtained, including Coastal Comminnion approval. 10. That all activities (dock and related structures) will be a minimum of sixty feet (60') from the n^areat boundary of the Riparian Zone unless otherwise approved by the Coastal Commission. 11. That all excavations and doek installation activities shall not in any way dnmage the vegetation or change the elevation of the Riparian Zone excepting the "pampas grass" (weeds/bushes) as iuentified by the Department of Fish and Gone. 12. That the bottom of the dock basin will not be any closer than ten fact (10') to the boundary of the Riparian Zane. That in areas not directly in front of the dock the distance be increased to a minimum of raenty feet (20'), and where possible thirty feet (301) or nreater in order to provide as much elope distance as possible. 13. That the pickle wood and chord grass areas adjacent to, and on the south side of the mouth of the existing Riparian Zone shall not he d[sturbed, 14. That the dock and related structures shall remain inside the property line; i.e. outside of the Ecological Reserve. 15. That any habitat destruction In the Intertidal zone will be mitigated to the sat3sfnction of the Department of Fish and Game. TO: Plannipommission - 6 16. That the Planning Co=ission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this Amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or genarnl welfare of the community. 17. That this use permit shall expire unless exercised Within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. es +.:. !. r. .., 1�� ?7C a. ij. ..,1 .:y r.F f 4e [ e { h.� M• s.r<..,a...��?.�J.n:«�d:�...4.�..-:...EE_.._$e•.+✓a♦ .+'+.)1':'14e. ii R-vb w xl1 w t J « Rd •fj \%iCiNiTY MRP , W az\ u ,y � —oil�r •� �w��� _ff r')M �1 4 (r(KM ..l / i � .. y M ..• + IM �� N v � r ✓ w ,V� d AA916 r 2XAA'S DISTRICTING ---MAP--- CITY----OI' ---NE4VPORT- -BEACH -GALE _a -a •a•dL.rII�K+q/.vty •rew�l s i •[J•Ils-.0m $WWI- raa sl1 .1 /►� YMIKtY•wa wtsrtt Ri YI �_ t _'_' t•wt;.awr w /et i �• ►.r*++•a•Iswft• slaTto•1•ttt» art/acr~ sctale♦ ! ! ] w..t •train a. Mra,rt r'L .) u••. tetl/ltsc/at aanK! ((�—�- �,�.� Cole- as'�' wt•/tf �TM •.'�'..• K7raKTto sail .•.1 ►/•aatrq <t K•[�at toomo t" •Itlsicy • J t•1/•/•I/I• at *t*M•towr +a•.I �`• a� RahKf MMt•tut a.ar•xi r" 1 1MtUititsutt hHtKt 1"�= "1 +•r w • m.raW M 'a• tq»It• CiJ 4attJglnts "*fowl USE PERMIT NO.' Gov ame,.uJ CJ : newport aquatic center 9v f` June 1988 Mr. Eric Nielsen Mr. Roger Wilcox The Keith Companies 200 Baker Street Costa Mesa, California 92626 RE: Location of the Newport Aquatic Center Dock Per Guidelinien Provided by the Department of Pish i Game (DFG), the California Coastal Commission MCC), and the City of Newport Beach (City) Dear Eric and Roger: In an attempt to position the dock in a location which best satisfies the ecological, political, and economic concerns of all parties involved, the following guidelines have been established. 1. All activities (dock and related structures) must be a minimum of sixty feet (601) from the nearest boundary of the Riparian Zone per CCC Permit 5-84-786. 2. The DFG representatives, Ron [loin and Greg Gerctenberg, have identified the boundary of the Riparian Zone nearest the Aquatic Center as the top of the berm on the south side of the zone (see Exhibit 1). 3. All excavations and dock installation activities should not in any way damage the vegetation or change the elevation of the Riparian Zone excepting the "pampas grass" (weeds/bushes) as identified by DFG. While not required, these weeds/bushes can be removed as an additional_ effort to enhance the Riparian Zone. -" "4: As suggested'by the DPG, the bottom of the dock basin •. (-51) should not be any closer than ten feet (101) from the boundary of the Riparian Zone as defined in Exhibit 11 It is suggested by the Aquatic Center Board that the bottom of the dock basin at -5' should extend a maximum of 40' from the front face of the dock then begin to, slope upward to a -3' elevation at the dotted line on Exhibit 11. It is also suggested that in areas not directly in front -of the dock that.the DFG suggested_... distance be increased` to a minimum of twenty .feet. '(20' .`and where possible thirty feet (301) or greater in order. to provide as much slope distance as poesible. One Whitecliffs Drive Newport Beach, CA 92663 714/646-7725 • s Hr. Eric Nielsen Mr. Roger Wilcox June 3, 1988 Page Two S. In areas not -impacted by distances mentioned in 13 and 14 above, the'alope distance should be as great as possible to provide an increase in Intertidal Zones i.e. use a S:l slope or greater in place of a 3:1 slope if it can be done without endangering structures or changing the elevation of the existing Riparian Zone. while this Is generally true, keep in mind that all salt or brackish water should remain as far away as possible from the upper half of the Riparian Zone, including the willow trees, as this is a fresh water community. Also, the fresh water run-off through the Riparian Zone should not connect or flow into the dock basin area, but continue to flow through its current path into the Day. 6. The pickle weed and chord grass areas adjacent to, and on the south side of the mouth of the existing Riparian Zone are generally in the +1' to +2' elevation of the Intertidal Zone, and should not be touched under any circumstances. Where the square footage is available between the pickle weed and chord grass areas, and the proposed mouth of the dock basin, every effort should be made to create a +1' to +2' elevation plateau adjacent to, the existing pickle weed and chord grass so as to enhance those vegetative areas. 7. The fire access road around the north side of the proposed building expansion must -remain as part of the eventual expansion as confirmed by Captain Topping of the Newport Beach Fire Department. S. The dock and related structures must remain inside `he property iinei i.e. outside of the Ecological Rr.serve. The dock should be as long as possible while adhering to the above requirements. The preliminary drawing submitted to you shows two potential alternatives at approximatley 80' and one alternative at approximately 90'. 9. The Intertidal Zone as defined by the DFG is from -1 1/2' to +7 1/2'. Any destruction of this habitat zone in the Ecological Reserve (i.e..dredging the mouth of the proposed basin) must be mitigated by the creation of a like amount of quantity and quality of Intertidal Habitat Zone. it is hoped that with proper design, the necessary mitigation will take place as part of the -dock basin project itself, and perhaps even create a net gain of Intertidal and Subtidal area. Mr. eric Nielsen Kr. Roger Wilcox June 3, 1988 Page three 10. It is proposed that the dredge spoil and fill material (formerly dredge spoil) removed during the creation of the dock basin be spread out over the remaining site on the south side of the building. Please.calculate the area and resultant change in elevation necessary to dispose of the material in this manner. 11. The angle of the dock to an imaginary line parallel to the mouth of the basin should be approximately 200, but in no event less than 100 or greater than 300. Should you have any questions regarding these guidelines, please feel free to call. Sincerely, Bruce Ibbetson Board of Directors Newport Aquatic Center BIscw cc: Ronald F. Hein Department of Fish & Game 245 West•Broadway# Suite 350 Long Beach, .CA 90802-4467 Greg Gerstenberg Department of Fish Game'Region 5 615 South Grand Orange, CA 92666' Teresa Henry California Coastal Commission South .Coast District:. 245 West Broadway, Suite 380 Long Beach, CA 90801-1450 Patricia L.!Temple* f Planning 'Department City of Newport Beach P.O. Box 1168 Newport Beach,, CA 92658-8915 Captain J,A. Topping .. t Fire Department,., City of Newport Beach .. ,. � ►, �_ ;;; 475 32nd Street Newport Beach, CA 92663 171 `x MITIGATED AREA it 7411'e13�.�f1'1i�i rFr'afi`!•;ii:{3(.i �'ri'l; 'f JY:. �1:�,1. i CITY OF NEW PORT BEACH v = P.O. BOX 1768. NEWPORT BEACH, CA 9265"91 S NEGATIVE DECLARATiaN TO:Office of Planning and Research 1400 Tenth Street, Room 121 Micramento, CA 95014 nty ClerY. of the County El of Orange P.O. Box 838 Santa Ana, CA 92702 NAME OF PROJECT: t FROti: Planning Deliartment City of 149wpart Beach P.O. Box 1768 Newport Ilanch, CA 92650-8915 PROJECT LOCATION: One White Sails Nay. Newport Beach, CA PROJECT DESCRIPTION: Relocation of a previously approved dock facility for the Newport Aquatic Center. FINDItiG: Pursuant to the piovisions of City Council Policy K-3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project will not have a significant effect on the environment. MITIGATION MEASURES: See initial study. INITIh L STUDY PREPARED BY: City; of , Newport Beach INITIAL STUDY 4VAILABLE FOR REVIEW AT: 3300 Newport Boulevard, Newport Beach, CA DATE RECEIVED FOR FILING: •• 1 jt L Environmental Coord nator DATE: July 18, 1988 3300.Newport Boulevard, Newport Beach �' ' Date )riled :7/8/88 Cetterel Information 1, Na" and address of developer or project sponsor: Newport Aquatic Center 2. Address of project; One White Cliffs Drive Assessor's block and Lot Number: •P• 6117-381-006 3. Name, address, and telephone number of person to be contacted coacern- inb this project: Curtia Fleming, Newport Aquatic Center, one White Cliffs Drive, Newport Beach, Ca orn a - -1725 4. in��c�aC��9nt�mb�r of the permit applicetion for the project to which this fors pertains: S. Li&t and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal a encies•11 California Coastal Commissions Amendment to Permit No. 5-84-786-A. 2) Department of Pisha Gamer Approval in Concept. 3) Army Corp. of Engineerat Approval in Concept. 6. Existing zoning district: 7. Proposed use of site (Project for which this form is filed); Moving the approved boat dock from one area on the site to another area on the site. Project Description S. Site size. :. :i: . ., As per Ian. 9. Square iootege. N/A 10. Number of floors of construction. 11. Amount of off-street parking provided:,: ;o 12. Attach plans. .vt rf1,�,. :rf..!;'�', ,.;Is , :�';S: ,.., •):X^,-x 13. Proposed scheduling:'..;.: ?s•1'ii.:IJ �, ' �t t,rm%!5 #:i -261, , ilf 14. Associated project. :i'riit: 15. Anticipated incremental development. 5 - t 3 �.a ss: , , T c•, lb. .11 residential; include -,thenumber of>'units'yz'achedule of"unii4izes', range of sale pricss.at rents,. and type of househol& size.*xpectsd. N/A h 17. If commercial, indicate., the typa,,,.whether neighborhood, city or regionally oriented, square footage of sales area, and loading facili. ties. N/A 18. If industrial, indicate type, estimated employment per shift, and loading facilities. N/A 19. If institutional, indicate the uajor function, estimated exployment per shift. estimated occupancy, loading facilities, and community benefits to be derived from the project. N/A 20. If the project involves a variance. conditional use or rezoning application, state this and indicate clearly whey the application is required. N/A Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). Yes Ho 21. Change in existing features of any bays, tidelands, beaches, X _ or hills, or substantial alteration of ground contours. See attached plans. 22, Change in scenic views or vistas from existing residenti&l X _,_, areas or public lands or roads. Residents along Bluff ear see proposed dock area. 23. Change in pattern, scale or character of general area of _ X project. 24. Significant amounts of solid waste or litter. _ X 25. Change in d«st, ash, smoke. fumes or odors in vicinity. X 26. Change in ocean, bay, lake, stream or ground water quality or X quantity, or alteration of existing drainage patterns. .... 27. Substantial change in existing noise or vibration levels 1n X the vicinity. 28. Site on filled land or on slope of 10'percent or more. X _ The entire site is dredge fill. <' X 29. Use of disposal of potentially hazardous materials, such as _ _ toxic substances, flamnables or explosives. 30. Substantial change in demand for municipal services (police, X fire, water, sewage, etc,). ,r 31, Substantially increase fossil fuel consumption (electricity. X oil, natural gas, etc.). _.. 32. Relationship'to a,larger,project or series of. projects. X Dock�Area wilL'service existing boat house facilities. x 14 ♦.r �.... :4•.NT i,:.r+'•st ;j.+r t. v�•_'s�..jo,..-.r:r•.. ,}« ;., ,'.,t.. '.+:.,. ._ ... ., � r� _...0 _ , «-�> :tS� ...•x Environmental Setting 33. Describe the project site as it exists before the prnjq+ct, including information on topography. soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing struc- tures an the site, and the,use of the structures. Attach photographs of the .isite: Snapshots or polaroid photos will be accepted. 34..;Describe `the, surrounding properties, including information on plants and animals and any cultural historical or scenic aspects..,r-ind Uate the_typa of land use (residential. co=arciaL, etc,), intensity, of land use (one -family; spartmant houses, shops. department stores, etc.), and scale of development (hoight,,frontage, set -back, rear yard, etc.). Attach photographs of tiie vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in, the attached exhibits present the data and information required for this initial 'evalua- tion to the bast of.my, ability, and that the facts. statementn, and informa- tion presented are true and correct to the beat of my knowledge and belief, t / A / e / i f Date Signature For C\PLT\EIRFORM t 'J+. 1?7i�`r.:i.s.r�r,'i ,iira•Jt;' 1 .. �... +'7`!t;.. ., i+..:iii.ii^ •.iij1i.��Fi;: <'!':, iEif:i',. i'.. V; iir. Eli ii :o Si',J 4.1 .41 ..3? fY,:rf �i''J ! �7�•f icti :L+. 3 l s ,t t5' .tW.w w.�r it IR.>•rlh R .i.�• fen .`•-.a ,.. .f 'ii ,.. �"*.'. . _. ...�-..r "L« •'�C-CSC 1'.•qi •.yua.a .. 5n...,,aZ���j,. .it+,:�iL. rb'A�.v U:- ... ,t. 9 I. Background 1. flame of Proponent 1 C-41MOM A Que lc CE:a wrt. 2. 44dress and Phone Humber of ProRopent ONE U .(u JNaq 3. Date Checklist Submitted In /t, /_I/ /ggp 4, Agency Requiring Checklist' S. ?lame of Proposal, if applicable .a. FF /CFI jO (A) II. Environmental Impacts (Explanations of all "yes" and "maybe" answers are required on Attached sheets.) 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction or overcovering of the soil? C. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of Soils, either on or off the site? XAA davbe Ns V — — f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or — any bay, inlet or lake? S. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslidez „ ground failure, or similar hazards? . 1 - I XV- 114V ((0 n 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality?. b. The creation of objectionable odors? C. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? XtA M&Xb! UR -3, Water, .hill the proposal result in: a. Changes in currents, or the course of direction of water movements, in either aarine or fresh waters?, b. Changes, in absorption rates, drainage patterns, or the rate and amount of ! surfaces runoff? c. Alterations to the course or flow of flood waters? da Change in the amount of surface water in any water body? e. Discharge into surface vate,ra, or in any alteration of surface water qualitt, including but, not. Limited, to temperature, dissolved oxygen or turbidity? f. Alteration of the direction oat rate of .: 3.f,;• , flow of ground water? S. Change in the quantity of ground graters, either through.diroct.additions cr•vith- drawals, or through interception 'of an aquifer. by .cuts, or excavations? h. Substantial reduction in the amount of water otherwise available .for, public water supplias?; i. Exposure of people or property to water related hazards such as flooding or tidal wAVes? 2 i% , ... .'.w� �.-aye raa�rl,YefvM�adb,a�rariie+se�+t.rrr.w':r . �i-� .. t..� .. � c'�s _ e s ` �b •x _ i .. -'r'� .' i.�' l_ ,., i WKAYkl V-2 4. Plant Life. 'Will the proposal result in: A. Change in the diversity of species, or num- ber of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? _ d. Reduction in acreage of any agricultural crop? 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or num- bers of any species of animals (birds, land animals including reptiles, fish and shell- fish, benthic inserts)? organisms or b. Reduction of the numbers of any unique, l rare or endangered species of animals? _ C. Introduction of now species of animals into an area, or result in a barrier to the migra- tion or movement of animals? d. .Deterioration to existing fish or wildlife' habitat? b. Hoise, dill the proposal result in: a. Increases in existing noise levels? b. Exposure of people to ievere noise'lovels? 7. Light and Clare. Will -the proposal produce new light or glare? . ,.. + . S. land Use. Will the proposal 'r'asult in a 'sub- stantial alteration of the present or planned - land use of an area? F; _.. .... .. .._, _A A.; i.; ..�� Siu.. _>. ,ir'--JYi+:;:r-, . .» ��•i.�vi:o'-.rt�l,..t+:FKi..?a. fa;C,. r5i..C�i._t�.o+e�•`.it/. ,:i ..:�r?'ti .r .'�XEs' 'rtrr4?,•^(k7�4 ,{:^R" i, . e 0 W Navbe & 9. Natural Resources, will the proposal result in: A. Increase in the rate of use of any natural resources? 10. Risk of Upset, Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including; .,but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible Interference with an, emergency response pinn or an emergency evacuation i plan? 0 - /!r 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human 1 population of an areal 12. Housing. Will the proposal affect existing housing or create a demand for additional housing? 13. Transportation/Circulation. 'Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or �. demand for new parking? c, Substantial impact upon existing ,trans, portation aystems7 d, Alterations to present patterns of circula- tion or movement 1of ;people: and/or rgoods? ; _,;; .:..•,5 o. Alterations . to wataeborne; tail -or,air; trafficl_;... f. Increase in traffic hazards to motor vehicles, bicyclists,, or. pedestrians? . • ;,, . 14. Public Sorvicox. Will the proposal have an effect upon, or result in a need for now or altered gov- ernmental services in any of the following areas: 4 Ys2 dAft & a. Fire protection? b. Police protection? _ C. Schools? d. Parks or other recreational facilities? e. Maintenances of public facilities, including roads? _ f. Other governmental services? 15. Energy. Will the proposal result in: A. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources or energy, or require the development / of new sources of energy? 16. Utilites. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: A. Power or natural gas? b. Communications systems? .� C. Water? _ 1 ' d. Sewer or septic tanks? e. Storm water -drainage? f. Solid waste and disposal? .17...._Iii-an Health. -Will.the proposal result,in7 `;. ...s. Creation`of4ny health%azard or potential health heazard (excluding mental health)? b. Exposure of people to potential` health hazards? ✓ 5 -. " Za Y.a Maybe LQ 18. Aesthetics, Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19, Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? b. Will the proposal result in adverse physical or aesthetic effects to it prehistoric or historic building, structure, or object? C. Does the proposal have the potential Co causo a physical change which would affect unique ethnic cultural values? L/ d. Will the proposal restrict existing religious or sacred uses With the potential impact area? 21. Mandatory Findings of Significance. a. ..Does the project havo..the potential, to degrade - qualitp.of the.environment, substantially' duce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop.balow_self,sust-aining levels,.threstan to.eliainate a plant or'animal. cocmuntty, reduce the- number or,restrict the range of a rare or endangerod,plant or animal or eliminate, important examples of . the major periods: of, California history or prehistory? 1 � . 6 ZI s 31 - .. .. . �� _ - - ':> . .. .{ ♦ -� a ... ., � . . . f•���. .. Yea May i3 b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goats? (A short-term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long-term impacts will endure well into the future.) C. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the affect of the total of those impacts on the environ=ent is significant.) d, Does the project have environmental effects which will cause substantial adverse effects / on human beings, either directly or indirectly? — III. Discussion of Environmental Evaluation (Narrative description of environmental impacts.) IV. Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a signi'Licant effect on the environment, and a NEGATIVE DECLARATION HILL BE PREPARED. I find that although the proposed project could have'& signif- icant effect on the environmont, there will not be a significant effect in this case because the mitigation messures described on an attached sheet have been added to the project. A NEGATIVE DECIMATION STILL BE FMARY.D. I find the proposed project HAY have a significant effect on the onvivonment, and an FHVIRONMENTAL MACT REPORT is required. Q 1114 aggg Date C\PLT\EIRLIST.FRH Signature For 7 - ...._ .. . t .... .:. L... _, .r:.F.L+�u l.._++.�`.'X.., ..-.- ..- .-i. .... r,. .. ... - + i ...� ..,.. -� .. S+r ..�..'. r`r•,-«-_Yt, _ � - . •• ,.� ' Y+� Newport Aquatic Center The original approval of the Newport Aquatic Center included the acceptance and certification of a negative Declaration. The purpose of this Initial Study is to review the changes to the approved project to Insure that no adverse environmental of£ecta will be incurred by the changes to the site plan. The previously certified Negative Declaration and supporting Initial Study is hereby incorporated into this environmental document as if fully set forth. The proposed changes involve the relocation of the dock facilities to a to-be-dredge:d part of the North Star Beech site. Discussion of EavIrongg to ,vnj I tion lb. The implementation of the project will result in excavating an inlet to provide a dock facility for the Newport Aquatic Center, disrupting and displacing the soil. Similar excavation would have boon required to implement the dock in the previous location. and the effects of the construction are also similar. The previously required mitigation measures will assure an insignificant level of environmental effect. lc. The project will change the topography of the site in the area of excavation. The change is from a flat, sandy beach to a small tidal area. It is in character with the bay location of North Star Beach, and is not considered a significant effect. le. An increase in erosion could occur during construction of the project. The mitigation measures previously required will assure that the effect is mitigated to a level of insignificance. lf. The potential increased erosion would make small changes to the [upper Newport Bay channels if allowed to occur. Mitigation measures which address the erosion potential also mitigated this potential effect to a level of insignificance. 3d. The new inlet will increase the amount of surface water in Upper l:ewport Bay. This not ccnsidered an adverse impact. 3e. There may be some increase in turbidity during the construction of the inlet area. The effect will be eliminated upon conclusion of construction, and is an insignificant adverse effect. 5d. The relocation of the clock facility will decrease its proximity to an existing freshwater riparian area on the North Star Beach site. Strict compliance with the proposed site plan will assure that an appropriate distance is maintained to protect thin sensitive resource, and no adverse effects are anticipated. 19. Addition of a dock will enhance the operation of the ilewport Aquatic Center, and is a beneficial Impact of the project. 7z 33. The proposed project site now exists as dredge spoil deposited during construction of a portion of Dover Shores. The submitted plans provide the appropriate information on topography, soil stability, and on the structure contiguous to the proposed site. The majority of the project site has little or no plant and animal life. The animal life impacted will bo the project area relating to the Intertidal Zone. Any destruction of this habitat zone will be mitigated by the creation of a like amount of quality and quantity of Intertidal Habitat Zone. If the current design is implemented, necessary mitigation will take place as part of the dock basin project and could ever create a net gain of Intertidal and Subtidal area. The pickle weed and chord grass areas adjacent to the proposed project area will not be touched under any circumstances. In the area between the pickle weed and chord grann, and the proposed mouth of the dock basin, every effort will be made to creatA new areas to expand and enhance these vegetative areas. 34. The property immediately surrounding the proposed dock area is shown on the provided plans and is jointly owned by the City of Newport Beach and the County of Orange. There is, what has been referred to by the California Coastal Commisison, an existing Riparian Zone which conzists of various indigenous and introduced plant life. Outside the very perimeter of the City/County property are single family residence which is known as the Dover Shores area. -24 _r..7t- • IcGJTJ+p PLANliI,:G COXXISSION Y-F COMlN1SSiC_7. IR-S F:.ACF.: City Cruncil Chalk rs 7: 30 p.:% DAT r !:eptt:m1er 11)84 < • � � y a City of Newport Beach C � G � n 7 Notion All Ayes i�-ot`AC FY.-4FFIIO MEMBERS PRESENT: jar -'es D. X11cuicker, Planning ?irector Anbert FlCity Attorney STAFF MENDERS PRESENT: :lillinn H. LaycocY., CurXPlanningAdaiaisirntor Robert Lenard, Advance istrator Patricia Temple, Envir:.nator Donald Webb, City Engin Dee Edwards, Secrutary • • • MINIJ f I S Staff recoirfurnded that Item No. 6, Use PermNI'lann be continued to the Planning Co=ission Se-pterrtber 20, 1984. Motion wan made to continue this item to Corviisslon Meeting of September 20, 1984, CARHTED. A. Traffic Study (Continued Public Hearing) Item lit Pequest to consider a traffic study so as to permit: the Traffic construction of a multi -use Aquatic Center, in the Study Unclassified Cistrict. �tlII B. Usco Permit No. 3104 (Continued Public iloaring) Use Permit Request ro permit the construction of a multi -use No. 3104 Aquatic Center in the Unclassified Ointrict' which includes indoor boat storage, an indoor exuraine room, Bath coordinator apartment, locker rooms, weig{it� training Ap2roved room, multi -purpose asserbly room, boat workshop, and Condition - related cuff-etreet parking spaces. The. prolosal also ail/_ includes a request to construct the prr,pogrd building at a height of 20 foet and th4i accnpta ace of an hnvironaental document. ' ' zS COMMtSSiO^:lRS ^y x � s - Er I City of IRsepterrl---r 6, 198 Mlhilrf 5 Newport Beach ROLL CAH 1 1 1 1 l 1 1 1 1 INDEX LOCATION: A portion of Lot 165, Irvina'n Subdivision, located at 420 !forth Star Lane on the northerly side of North Star Lane, enstorly of White Cliffs Drive, in Westcliff, ZONE: unclassified APPLICANTS: City of Newport Beach and the Newport !teach Aquatic Center, Newport Beach OWNERS: City of Newport Beach and the County of Orange In response to questions posed by Cortmissionrr Turner, Planning Director Fiewicker indicated that thn project could be constructed in phases and that the lnnan could be drafted to be consistent wi'h various conditions placed on the Use Permit. fir. Hewicker also nuggested consideration of a longer approval than the :st:nndard 24 months in recognition of the many permits th,r applicant must secure prior to commencement of construotlon. The public hearing opened in connection with this item and Mr. Fred Talarico, 359 San Miguel, Nowport Beach, representing the applicant, appeared before the Commission. Mr. Talarico stated that he and the applicants had met with the homeowners, Homeowners Associations, and the Parks, Beaches & Recreation Cot:aaission to discuss the concerns that have been expressed to the applicants. Mr. Talarico noted that the Aquatic Center has received support from the Parks, Beaches, & Recreation Commission for the project. Additionally, he stated that the revised project meets all of the conditions of the Dover Shnrea homeowners Association's Board of Directors, and that the Mariners Homeowners Association have stated they will not make any comments on the project. Mr. Talarico briefly described the proposed reduction of the project from 61,000 sq. ft. to 18,220 sq. ft., and 850 to 250 daily users. Also indicated was the concurrence of the applicant with all the findings and conditions of approval as outlined in the staff report as well as the willingness to include a reprouenhative 2 COMMSSS01-TRS • }LULL CALL " City of New a� Septe=ber 6, 1924 0 MINU11,5 t Beach of the Dover Shores Homeowners Assoicati%n on the Aquatic Center Board of Directors. Mr. Di II Whitford, 436 Hamilton, CO V4 Mesa, representative of the Newport Aquatic Centtr, presented infnrnation regarding the number of participants utilizing the Harbor Area for human-pcy++hrtrl boating activities. Mr. Whitford stated that during the sunnier monthn there is a considerable amount of activity and interent in outriggo!r canoeinq and related programs. Mr. Whitford additionally stated that during the winter months the Harbor Area attracts many foreign vinitore training for the Olimpicr and other utblotes who utilize_ the weather ant) water. He said that there is presently a definite la-k of storage for s,rluipment, house facilities and programs, and that the revised project will provide a basic facility to accatrmodate existing programx. Mr. Hobert F. Harris, 415 North Star i.ant.-, t=ewport Reach, spok,s in opposition to the Aquatic Center. Mr. Harris indicated that the 18,000 sq. ft. facility being considered is larger than his conceptirm of the proposal approved by the voters in Propozition O. Mr. Harris suhmitted a proposal to the Planning Coaanission recommending that a joint committee be ente)lished consisting of residents of Dover Shores, a City or County representative, and the applicant, eatAbliohing: 1) a compatible facility with the residential co=unity, 2) an irrevocable covenant which will remain permanent as to any future change of physical facilities, 3) an absolute limit to the number of memberships, and 4) no activity would he permitted that did not directly relate to man-propolled v.hicles, 4) facilities similar to UCI and OCC. Mr. Voter Drummond, 1706 Antigua Way, tte-.q,ort Berth, President of Dover Shored Homeowners Association addressed the Commission. Mr. Drummond briefly reviewed the Homeowners presentation at the July 19, 1994, Planning Commission meeting. He stated that, the ilomnownern Association has met with the City, Aquatic Center Planners,and Parks, Beaches and Recreation Commission, since the July 19, 1984 :ys,-tir.g, and .he indicated that the revised project is more uatisfaetory to the Homeownert: Association. However, the homeowners are still concerned about the traffic change near tha facility and the possibility of additional development occuring on North Star Btnch in the future.- Mr; 3 six ( ( M MISSK7N1 k5� • ���,.F A,t �r r,, V)S O Mtt�.IJ I I C -• City of t Beach ROLL CAH I I I I I I I I I INDEX Druamond suggested tha following: 1) limit the facility to 18,000 square feet; 2) limit the activity and daily useage to 250 people per day; 3) limit the acreage to two acres or whatever is appropriate to acCfin�date the revised plan; 4) leave. the balance of the nrr.n in its pristine state for public use; 5) include a homeowner on the Aquatic Center Board; and 6) record en Agreement between the interested parties to maintain these limits and conditions. In -esponse to a question posed by Commisniunor Person, City A�-torney Burnham indicated that the land site area leased for the facility is controlled by the. City Council, but that a finding could be made stating that the size and confiquration of the facility approved is the maximum considered consistent with the hrovisiona of Proposition O by ths: Planning Cortminnion. Mr. W,rnham further recor..,ended to th« Commission impooition of an additional condition that ►lie use of the facility be limited as ultimately defin4r] by the lease, and that the ,opplicant record a rnnirirtive covenant to limiting the use of the facilities. irposition of a condition to that effect will require an amendment to the Use Permit if any additional construction or use is proposed in the future. Mrs. Pat Voss, 1219 Santiay Drive, Newlwrt Beach, spoke in opposition to the Aquatic Center stating that the resulting traffic hazards in a residential couanunity were unacceatable. Mr. David Grant. 2205 Cliff Drive, Newport Beach, present rowing coach from Orange Coast College, spoke in favor of the Aquatic Center, explaining that there is a very active interest in rowing among people of all ages. Mr. Albert Brar.dli, 419 Evening Star l.ar,e, Newport Beach, spoke in opposition to the Aquatic. ranter. Mr. ©randli felt that the facility would be used only ],y a. special interest groip and he expressed concern about the number of boats roving in and ot;t of the residential area as wall cs the lack of trailer storage space. Mr. Bruce Severtson, Costa Mesa, a member of the C.S. National Rowing Team and a meahor of On 19R0 and 1984 Olympic, reams, spoke about the positive impact of the 4 C MMSSICY'RS September 6, 1984 • M1NU{E 5 m n = � c City of Newport Beach ROLL CALL INIXX Aquatic Center in the area, and the need for a local training facility. Ms. Sheila Conover, 2949 Cliff Dr., Newport ♦mach, a member of the 1904 Olympic Canoe and Kayak Team, related to the Corriasion the inconvenience of training at UCIt how the Aquatic Center will benefit all athletes interested in human -power craft, and how the programs will develop people of all ages. Mr. Brad Lewis. 505 Begonia Avenue, Corona dal Mar, a member of the 1984 Olympic Team, stated that 9 Olympic Rowing Teat' sabersrecently trained in thr- 1lnrGor Area preparing for the Olympics. Ile told the r'<,txsission that there is a big need for a training site, and a place to store and wash down boats. in r,+f,nse to a question posed by Commissioner Turner, fir. !.e*dia estimated that approximately 25-50 elite ttl.ers are active in the Southern California area. Mr. Williasr. Conover, 2249 Cliff Drive, Nft,rq)ort Beach, commented on how many athletes from all over the world were training for the 1984 Olympics in the ltewport Harbor area and he feels the Aquatic Center would be a wonderful addition to the community. Mr. Marshall Stewart, 315 North Star L7n•t, Newport Beach spoke in opposition to the Aquatic Cotnter. Mr. Stewart stated that the people using the facility would not be local citizens but would be peoples from outside of Newport Beach. He also stated that the facility will 1•:come co-nercial, and he is very concnrned about the users parking on the street instead of insi :e the designated parking area. Mr. Tom Miller, 219� Agate Avenue, Balboa Island, r.poke in favor of the Aquatic Center. Mr, Hiller emphasized the importance the Aquatic Center will have with the young people in the Newport Harbor Area, and stated that the facility will become a source of pride in the community in the future. Mrs. Barbara Whitford, 406 Snug Harbor F ad, Newport Beach, a Ho:wport Heach Recreation Deportment sailing instructor, spoke in favor of the Aquatic Center commenting that the human -powered craft, trainirj areas that were used many years ago have now disappr.ared and 29 lgF;0 M } A City of Newport Beach IMINI J 1 I S k1011 C;AII .. INIXX 250 daily users for both the Aquatic Cent.or programs and Parks, Beacham, and Recreation Departeant programs. Planning Commission Chairman Winhurn closed the public hearing at this time. Commissioner 1%irnar queestioned if the curve from Polaris Drive going into t.tts, facility could be expanded because of the potential difficulty of a boat trailer traveling through that anon. City Engineer Webb indicated that there iu prr.bably not enough extra room to expand the curve. Kr.WvA#b further stated that the existing street configtiretion nhould be adequate, and that Lite potential volume of trailer traffic woule. 'not warrant any major modifications. However, Mr. Webb commented that a tent could be made by taking a boat trailer clown to that arttn and if needed, it is possible that modifications could bo Made to make the area safer. Planning Commissioner Turner stated that he had supported Proposition O with the understandinq that it was going to be a boat facility used Mnlnly for the youth in the area, commenting that at that time he did not realize what the traffic or what the irnl,net would have on the area. lie further stated that he believes the facility is still larger than what Pr(jj.onition O intendedi that there is insufficient documnntntion of the need for this facility and that there in a definite :tot ion x problem of access. Commissioner Turner tlJan Mad- a motion to deny Use Permit No. 3104. Commissioner Person stated he would not nupp)rt the motion. Commissioner Person further stated that he was opposed to the 61,000 sq. ft facility but the revised project has been sccled down to an aC.eptable level and he believes the Planning Comminnion has the nbility to condition this application so that the facility will not be over -used. . Commissioner Person cited that 67% of the vototn favored the facility in 19F2, and that the majority of the local homeowners urc in favor of the scaled -down version of the project. Substitute A substitute motion was nade to apprtive sirs_ Permit No. motion x 3104 subject to the findings and con-litiorin contained in Exhibit "A" with the following additions and changes: add Finding No. 2 an follows: "That the size and use of the Aquatic Center an approved b/ this Use Permit represents the full extent of the authority granted to the City pursuant to the approval of Proposition O In 1982". Amend Condition !to, 12,from 24 7 30 C(W AAjSSjONf R5 Stp[eenber 6, 19E?4le ' n ' City of Nemaa t Beach = b ; O 7 ROLL (At 1 feeln that there is a nerd for a facility Lith public accer.s for all people. Mrs. Jerry Holmes, 1146 Polaris Drive, Hovj,ort Beach, spoke in opposition to the Aquatic Center tt.ating.that she feels the residential area will become n commercial Area and many parking problems will develop. Mr. Peter Drummond returned to speak to the commission. He stated t:hnt the residents are not opposed to rowing or a rowing facility, but the homeowners would like to xee the Aquatic Center moved to ShellmaXer Ial.ind. fie recommended that contacts be made at a higher level in the Fish and Came Department regarding tho ecological reserve. In response, to a question posed by Chair:5.1n 4inburn. sir. Drummond stated that the ttnmeowners Association would prnfer the entire parking area to neciitcd with a chain or gate by the Aquatic Center in accordance with the operating hours of the facility. In response to a question posed by Cor.nissioner Turner, Mr. Drummnd 'indicated that the homeowners had been polled and that the majority favor the smaller facility, however, the residents still consider the traffic impact on the community to he of. primary concern. Mr. Fred Talarico summarized the position of the applicant by indicating a commitment to a maximum 10,228 so. ft. facility with 250 daily users., Additionally, the applicants agree to any covenant, restriction or binding which the City makes in this, regard. Mr. Talarico further indicated the applicants intent to lease only that section of the site occupied by the Aquatic Center and parking lot. In response to a Question by Commissioner Winburn, Mr. Talarico stated that there i.:;, presently five outrigger carx,e clubn'in the Harbor Area. These clubs store their Usatsfos beaches scattered throughout the bay arA 'that the Harbor Department area is presently Ieasad on a month -to -month basis for outrigger canoe storage. In response to a question posed by Co=lssicner.Turner Environmental Coordinator Temple stated that; thb analysis contained in the staff report +wan:h.anrd; on data provided by the applicant and ar.suzed a maximun' of i i ' 1 { i 3t . t COM MSSiOM RS n is City of N 0 crptember 6, 19B4 t Beach tvll�.v I I S ROLLCAIAIII I I III I INDLX Ayes Noes Ix Ix ix months to 36 months; Amend Condition too. 62 allowing for the Dover Shores Hoa+e-jwners Association on the Aquatic Center's hoard of Directors; Add CondiLion No. 53 as follows: The applicant shall record a restrictive covenant limiting use of the facility to that allowed by the terms of the lease An executed by the City Council"; In addition to the action on Use Permit 3104, the Planning Commission recommantln to the City Council that no more land than is necencary to accommodate the building and parking lot should he leased to the applicant. Commisnioner Kurlander motioned to amend Condition No. 15 regl;iring all parking spaces to be secured by a chain or gate in accordance with the operating hours of the Aquatic Center. Cotnmission Person accepted the exv±r.drent. Cormissioner Goff states that the rite could accorvaodate approximately 55 dwelIinrl units it developed at 6 dwelling units per acre. Ira this case, the traffic and parking impacts would be significantly higher lthan the proposed project. He, therefore, indicated his support of the substitute motion. Planning Comminsion Chairman Hinburn stated she will support the substitute motion, further stating that she would like to see the beach remain open for public use. She also indicated her support for a recommendation to the City Council that the lease is only to cover that portion of the beach occupied by the building and parking lot. Commissioner Parson's substitute motion to accept the Environmental Document and approve the Traffic Study and Use Permit No. 3104 was voted on ar tch MM'IQtI CARRIED. A. MWI tONML ITAL DOCUMF-'N T Accept the Environmental Document with the findings listed below: Findings: 1. That an Initial Study and Negative Declaration have been prepared in compliance with 'the California Environmental Quality Act, and, that their contents have been conaidecad in the ;da- c1sionn on this project. 8 C:C)MMSSKXRS Septetrber 6, 1984 • MINUI I S n � 7 � � w � a o� City of Newport BeachF qq 7 ti t + 2. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce poten- tially significant environmental effects, and that the project will not result in significant en- vironmental Impacts. n. TRAFFIC STUDY Approve the Traffic Study with the findings listed below: Findingst 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter. 15.40 of the Newport Beach Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the proj- ect -generated traffic will be greater than one percent of the existing traffic during the 2.5 hour, peak period on any leg of the critical Intersections, but will add not to an unsatisfac- tory level of traffic service at any critical intersection, which will have an. Intersection Capacity Utilization of lose than .90. C. USE PERMIT NO. • 3104 Approve Use Permit No. 3104 with the: fisuiings ;and subject to the conditions listed below: i FINDINGS i 1. That the proposed development is consistent with; the, General Plan and the Local Coastal Program,; -Land Use .Plan,, and is compatible with su,:roisndi�g land uses. '2. That the. establishment of the use will :not,; under the, . circumstances of the particular` caaa; �a detrimental •to the health, safety, pea4e; comfort! and general welfare of persons rosiding;or working in the neighborhood of such proposed; use: or be, detrimental or injurious to property: and' improve= ments in :the neighborhood or the general welfare t 9 i i t COMM,SSONtRS v o O City Of ROLL CAU 1 f i t 1 1 Septerker 6, 19840 of the City, and further that the proposed project in terms of use, height, building floor area and setbacks is consistent with the legislative intent of Title 20 of the Municipal Code. 3. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the prcposed development. 4. The development will provide for both public physical and visual accoxe to the bay. S. That the height of the structure is consistent with the proposed use and will not advereely affect any public view. 6. That the project. is generally consistent with the ballot measure approved by the electors in June, 1982 allowing the lease of North Star Beach for an Aquatic Center. M11St1 i E S 7, That the design of the subdivision or the proposed improvements will not conflict with any easements acquired by tho public at large for access through or use of property within the proposed subdivi- sion. 8. That the site and use of the Aquatic Center as approved by this Use Permit represents the full extent of the authority granted to the City } pursuant to the approval of Proposition 0 in 1982. ' i COUDITIONS 1. That development shall be in substantial', confor mance with the approved plot plan, floor plan,: and, elevations except as noted below. j { i 2.' That all improvements be constructed as :roquired; by Ordinance and the Public Works Department. t i 3. That a standard use permit agreement. ,`and ;accompa nying surety be provided if it As desired to obtain a building permit prior to Coopletion of: the public improvements. I I 4. That the on -site parking,, vehicular circulation and pedestrian circulation systems bo:ouhject,to further review by the Traffic Engineer. ' s t i i f i 10 ' t i t # 3%4 COMAAJSSK) .TICS EY ' J ► r City Of New L � + L 2 September 6, 1984 t Beach WNUT E S Rot' c ALI 11 11 1 11 1 --- Moac 5. That the design of the private drives conforis with the City's Private Street Policy (L-4), exc#pL as approved by the Public Works Department. The location, width, configuration, and concept of the private drive system shall be subject to further review and approval try the City Traffic Engineer. 6. That the intersection of the public stredt and proposed drive be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance require- ments. Landscaping within the sight distance line shall not exceed twenty-four (24) inches in height. The sight distance requirements ray be approximately modified at non -critical locations, subject to approval of the Traffic enginnor. 7. handicap parking shall be provided to meat code and shall be marked in a manner acceptable to the Traffic Engineer. 8. That a hydrology and hydraulic study be prepared and approved by the Public works Department, along with a master plan of water, sewer and storms drain facilities for the on -site improvements prior to issuance of any grading or building permits.. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required shall be the responsibility of the developer. 9. That a legal description of the subject property be prepared and approved by the Planning Depart- ment, Building Department and Public,Works Dapart- ment prior to issuance of any grading or building permit. 10. That all proposed signu shall be (n conformance; with the provision of Chapter 20.O6 of the tre%J4rti Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 11. A landscape and irrigation plan for -the project; shall be prepared by a licensed landscape archi- tect. The landscape plan shall `integrate and phase the installation of landscaping with; the proposed construction schedule: Prior to' i 15 .A1- r City of �.eptember G. 1394 h/{ItiUI f 5 t Beach KOLL CAU 11 1 1 1 1 1 1 I INDEX I ■im occupancy. a licensed landscape architect shall certify to the Planning Department that tha landscaping has been installed in accordar�ca with the approved plan. 12. The landscape plan shall be subject to thA teview of the Public Works Department, the Parka, Beaches and Recreation Department, and the approval of the Planning Department. 13. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 14. The landscape plan shall place heavy emphasin un tho- use of drought -resistant native vr.getation, and be irrigated with a system designod to avoid surface runoff and overwatering. 15. That a minimum of 63 parking spaces be provided for the proposed development. These parking spaces shall be secured by a chain or gata at the entrance on Borth Star Lane in accordance with the operating hourn of the Aquatic Center. 16. That all employees shall par), their vehicles on -site. 17. If a parking area for the storage of boat trailers is provided, this parking shall be in addition to the 63 parking spaces required b-/ the project. 18. That the rAximum height of the building nut exceed 20 feet. 19. That the specific use and function of the facility be subject to further review and approval of the City as part of the ground lease and required Facilities Management Plan. 20. The hours of operation will be limited to 6t00 a.m. to 1Ot00 p.m. daily, end that no outdoor programs will be offored after the hour of 7:00 P.M. only advanced training activities are permitted between 6:00 a.m. and 7:00 a.m. 21. That no new boat fabrication will occur on -site. 12 COMM155K ARS September 6, 1984 iwt,�UTIS rM S w ` City of Newport Beach $6 �' ROLL CAL! N_DE X 22. Trailering of boats to or from the site shall occur only between the hours of 9:00 a.m, and 4s60 P.M. 23. No overnight accommodations will be prrlvided on -site, other than the coordinator apartment. 24. The on -site coordinator staff shall be subect to the apptoval of the Parks, Beaches and Recreation Department. k member of the on -site coordinator staff shall be on the premises at all times. The coordinator shall have the authority to restrict use of the facility to individuals with motor vehicles: which are in conformance with the Motor Vehicle Code. 25. The Weight training facilities will I)a used by aquatic program participants, and will not be available for independent weight training pro- grams. 26. Outdoor boat storage shall he limited to seasonal storage of outrigger canoes. 27. Parking lot lighting shall be designed in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent, residential uses. The plans shall be prepared by a licensed Electrical Engineer= with a letter from the Engineer stating that, in his Opinion this. requirement has been met. 28. That the parking lot shall be secured by gates as shown on the approved site plan. The gates shall be locked no later than 1000 p.m. 29. The parking lot lighting shall be 'turned off no later than 1Os30 p.m. on any day, and timing devices shall be installed and 'maintained to ensure that the lights are turned of at 10130 p.m.- 34., No- outdoor public address system shall be permitted, 31. .Restrooms shall be made available to; members ;of the general public during the center's, hourt• of operation. i 13 a i COMMSSI(W. RS nx 2 n ' City of ®E September 6, 19840 t Beach 32. This use permit shall expire unless exercised within 36 months from th6 date of approval. 33. Construction of the project may be phaned so lon-7 as no part of the facility is constructed prior to the moat storage facility. 34. That the Planning Commission may adVor modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the op -ration which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. MINUTES' ' 35. Construction of the bulkhead is subject to ap- proval of a Harbor Permit, and its also subject to the approval of the County of Orange, Harbor, Beaches and Parks Department. 36. That an engineering study be prepared to determine the appropriate design for the bay frontage. Bulkheads, rock revetments, or other facilities recommended by the study shall be constructed to adequately protect the onsite improvements. ttewport Aquatic Center shall agree to construct, maintain, and repair the bayside facilities. 'The City or other public agencies shall have no responsibility to provide rt-pairs to 'facilities flooded or damaged by erosion from the'bay and adjacent drainage course, or to otherwise protect. the improvements constructed on the site. 37. The project shall comply with the Uniform Building Code and all local Amendments, and the City's seismic design standards. 4 i 38. The project shall comply with the, State se gu- lations for the handicapped. ! { 39. Construction shall meet the requirements' of Title 19 and 24 of the C.A.C. t 44, Access to the service road circling 'the 'aquatic complex shall be controlled by the meanR.of a gate or other features to prevent use by;tho 'general public. r j i 14 r I t i t i i I C)M nniSSKY'A RS September 6, 1984 T • = Q City of Newport Beach o� .�4"l In l8 0 � MINUTES 41. Prior to the issuance of Building Permits, a National Pollutant Discharge Elimination (HPDES) Permit shall be obtained from the Banta Ana Regional water Quality Control Board if any discharges to the Bay are anticipated either during construction or subsequent operation of the facility. 42. Prior to issuance of Building Permits, an Army Corps of Engineers Permit shall be obtained to allow construction of the proposed bulkhead and docking facilities. 43. Pesidents should be provided with a lx)int of contact with the Newport Aquatic Cent(,r manage- ment, to handle complaints of noisy vehicles in the parking lot or on local streets. 44. All mechanical equipment and trash areas shall be screened from public streets, alleys, or adjoining properties. 45. Exterior lighting shall be approved by the Plan- ning Department. 46. Development of the site may be subject to a grading permit to be approved by the' Building and Planning Department. 47. A grading plan will include a cempleta'plan for temporary and permanent drainage facilities,; to minimize any potential impacts from silt, ,debris' and other water pollutants. 49. The grading permit will include a description' of haul routes, access Points to the site, and ` watering and sweeping programs designed to ,nini- maize impacts of grading and haul operations.i 49. An erosion, siltation, and dust control plw shall i be submitted and ba subject to approval' by 'the Building Department and a copy will be; forwarded' to the California Regional water QualityControl Board, Santa Ana Region. 50. Grading shall be conducted in a:cordance with, plans prepared by a civil engineer and based on; recoac%endations of a soils engineer and an�engi-s nearing geologist subsequent to completion offal • C f � � 15 INDEX • , .,, EJ M • COMMISSO`A RS _.. City of • September 6, 1984 t Beach comprehensive soils and geologic investigation of the site. Permanent reproduction cobina of the "Approved as Built" grading plans on standard -size sheets shall be furnished to the nuilding Udpart- ment. MNUT E5 51, The Fire department shall review design plans to ensure adequate access and emergency exists. 52. The provision of adequate fire flow shall be reviewed by the Fire Department. 53. Structures shall be equipped with fire suppression systems an required by Code. 54. Final design of the project shall provide for the incorporation of water -saving devices for lavatorins and other water -using faeilitine. 55. All onsite drainage shall be approved by the City Public works Department. 56. A weekly cleanup program around the project site shall be conducted on a regular basis. During construction, basins or other devices shall be installed to prevent waste from entering Newport Bay. 57. Prior to the issuance of building permits, a comprehensive soils and foundation study will be prepared and approved by the Planning and Building Departments of the City of Newport Beach. 58. Should any archaeological resources be ''uncovered during excavation/construction, aqualified archaeologist or paleontologist shall evaluate'the site prior to completion of construction activ- ities, and all work on the site shall be 'done in dccordance with the City Council Policies and K-5 and K-6. 59. Any mechanical, equipment and emergency :power' generators shall be screened from view,,and noise! associated with said .structures shall be souna4 attenuated so as not to exceed 55 MIA at the: property lines: The latter shall be based upon - the recommendations of the qualified :ncousticalE engineer and approved by the nuilding Department. i i 1 40 COMMISSOWS September 6, 1984 MIND I E 5 n y 4 City of Newport Beach ROLL CALI INUf X 60. All construction activities will be limited to the hours of 7-,00 a.m, to 7:00 p.m, Monday through Friday, and 8:00 a.m, to 5:00 p.m. Saturday and Sunday. 61. Use of the site shall be limited to a maximum of 250 persons per day. 62. The Dover Shores Community Association shall be allowed to elect a representative to the Aquatic Center Board of Directors. 63. The applicant shall record a restrictive covenant limiting use of the facility to that all(n+ed by the terms of the lease as executed by City Council. . r • convened at 9:30 p.m. Use P it No. 3108 (Continued Public Hearing) Item No.2 Request permit the establishment of a retail art Ilse Permit gallery/stu o on property located in the M-1 District. tip. 3108 LOCATION: is 6 and 7, Block 328, LancaMter's tion, located Approved at 912 Layfayette Avenue, nn the Condition- easter\University, yfayette Avenue, ally betweend 30th Street, in Cannery 70NE: M-1 APPLICANT: Paul Blage. port Beach OWNER: Loma Li.omn Linda Mr. William Laycock, Current Planning A6KInistrator, advised that the Planning Staff has rocoo"nded that the following two conditions be added if the\ lanning Commission desires to approve this Una rmit. Condition Va. 5: "That the sacond floor areas all only be used by the artist or the gallery manager fa a studio, office, or storage purposes", and Condition Llo: i COMMISSIONERS go 0 August 19, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX activ as auto detailing and installations shall be limite �, to 7 p.m. weekdays and Saturdays, Use Permit No. 3104 (Anended)(ru laic Hearinrl Item No.3 UP3104A Amend a previously approved use permit which permitted the construction of a multi -use aquatic center in the Unclassified District. The proposed amendment involves Approved a request to revise the location of the previously approved launching dock within the project and the acceptance of an environmental document. LOCATION: A portion of Lot 165, Irvine's Subdivision, located at 420 !forth Star Lane on the northerly side of !forth Star Lane, easterly of White Cliffs Drive, in Westcliff. ZONE: Unclassified APPLICANTS: City of Newport Beach and the tier*port Beach Aquatic Center, Newport Beach OWNER: City of Newport Beach and the County of Orange The public hearing was opened in cormectlon with this Item, and Curt Fleming, President of the Newport Aquatic Center, and Bruce Ibbetson, member of the Board of Directors, appeared before the Planning Commission. In response to a question posed by Chairman Persdn, Or. Fleming replied that the applicants concur with the findings and conditions in Exhibit "A". Kr. Ibbetson described the ramp and the dock areas. Mr. Ibbetson and Chairman Persdn discussed the ramp that would service the dock. In response to questions posed by Mr. Ibbetaon regarding Conditions No. 6 and No, 7, Chairman Person stated that said conditions would apply only during the construction phase of the project. In reference to Condition No. 12 regarding the location of the dock basin, Mr. Ibbetaon explained that interested officials will be onsite during construction to be certain that necessary adjustments have been made, Commissioner Pomeroy suggestod that Condition No 12 be amended to state "That based on preliminary plaits that -8- COMMISSIONERS to 11 August 18. 1988 CITY OF NEWPORT REACH (MINUTES ROLL CALL. INDEX City staff and other permitting agencies that may be involved, shall assure that the bottom of the dock basin will not be any closer than...' Mr. Ibbetson referred to Condition No. 15, regarding habitat destruction, and he commenced that the applicants have rocelvee the required satisfaction from the Department of Fish and C.aae. There being no others desiring tc appear and be heard, the public hearing was closed at this time. motion * Motion was made to approve Use Permit No. 3104 (Amended) A11 Ayes subject to the findings and conditions in Exhibit 'A", including amended Condition No. l? to state "That based on preliminary plans that City staff and other permitting agencies that may be involved, shall assure that...'. Notion voted on, MOTION CARRIED. 11DINCS a E, 1. That the proposed project is consistent with the Land Use Element of the General Plan and with the Local Coastal Program and is compatible with the surrounding land uses. 2. That a Negative Peclarntion has been prepared and that the proposed project, as conditioned, will not have any significant environmental impact. 3. That additional tidal wetlands Will Lz created. 4. That the project has been reviewed by the California State Department of fish and Came, and the project has been modified in response to the suggestions of the Department of Fish and Came. 5. That the approval of this amendment to Use Permit No. 3104 will not, under the circumstances of this case, be detrimental to the hoalth, safety, peace, morals, comfort and general welfare of persona residing and working In the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, 2. That all applicable conditions of approval of Use -9- COMMISSIONERS CITY 0 August 18, 1988 OF NEWPORT BEACH MINUTES ROIL. CALL INDEX Permit No. 3104 as approved by the Planning Commission on September 6, 1985 shall remain in affect. 3. That the final location of the boat ramp shall meet the approval of the Planning Director, the Public Works Director, and the Parks, Beaches and Recreation Director. 4. That an all weather driving surface capable of supporting a fire truck $11411 be constructed around the building. 5. That adequate provisions be taken to insure that no excessive debris or foreign material be permitted to enter the bay during any demolition, movement, and additional construction. 6. That a siltation, dust, and debris control plan shall be submitted and be subject to approval by the Building Department and a copy will be forwarded to the California Regional Water Quality Control Board, Santa Ana Region, This shall be a complete plan for temporary and permanent facilities to minimize any potential impacts from silt, debris, and other water pollutants. 7. That the siltation, dust, and debris control plan shall include a description of hnul routes, access points to the site, watering, and swooping program designed to minimize the impact of haul operations (if required). 8. That a weekly cleanup program around the dock shall be conducted on a regular basis to prevent waste and debris from falling into or entering Newport Bay. 9, That all other approvals required by law shall be obtained, including Coastal Commission approval. 10. That all activities (dock and related structures) will be a minimum of sixty feet (601) from the nearest boundary of the Riparian Zone unless otherwise approved by the Coastal Commission. 11. That all excavations and dock installation activities shall not in any way damage the vegetation or change the elevation of the Riparian -10- COMMISSIONERS • o CITY 0 MINUTES August 18, 1988 OF NEWPORT BEACH ROLL CALL INDEX Zone excepting the "pampas grass" (Woods/bushes) as identified by the Department of Fish and Came, 12. That based on preliminary plans that City staff and other permitting agencies that may be involved shall assure that the bottom of the dock basin will not be any closer than ten feet (10') to t110 boundary of the Riparian Zone. That in areas not directly in front of the dock the distance be increased to a minimum of twenty feet (201), and where possible thirty feet (30') or greater in order to provide as much slope distance as possible. 13, That the pickle weed and chord &rasa arms adjacent to, and on the south side of the mouth of the existing Riparian Zone shall not be disturbed. 14. That the dock and related structures shall remain inside the property line; i.e. outside of the Ecological Reserve. 15. That any habitat destruction in the intortidal zcne will be mitigated to the satisfaction of the Department of Fish and Came. lb. That the Planning Commission may add to or modify conditions of approval to this use permit. or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, 17. That this use permit shall expire unless exercised within 24 months from the data of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. •11- 5 a' TO: U.P. 3104A File FROM: Sandy Cents SUBJECT: Aquatic Center Grading DATE: March 20, 1989 Based on recent meetings with Mark Deven, Tony Melum, Prank Robinson and representatives of the Newport Aquatic Center, it appears that the amount of material to be excavated or dredged on the aquatic center alto is ten times greater then the amount which can be placed on the site with the contours shown on the plans approved under Use Permit No. 3104 (Amended). Therefore, it appears that some type of off -site disposal will be necessary, Ground countous shown on any grading plans should conform substantially to the contours shown on Lhe plans approved by the Planning Commission. If the placement of fill differs substantially from that shown on the approved pinn, no grading, permit should be issued unless an amendment to Use Permit No. 3104 (Amended) is approved. Sandra L. Con is enior Planner ti. :%t. :, ,,. ',.t .;-..-�-�:�.:s�sa�r. ..J°iii�.,.�:.ar:: ,,,;�..x5�t.�34�C'c:tlas.'73�i'�:tiS'!+,�.%�..vrriits`.., nVK�,�•{..�� CITY OF P T wpORT BED r. PARKS, BEACHES AND RECREATION DEPARTNI P.O.11(,4 1XQ. NE%VPORTBEACILCAw"Qw-9911i { 7141 C4-l-311;1 J May 12, 1989 Mr. Curt Fleming, President Newport Aquatic Center One 4lhitecliffs Drive Newport Beach, CA. 92663 Dear Curt: a �cr,yEo� 3 �Rl� ND., t cr, C �. f On Monday, May 6, 1989, the City Council unanimously approved the construction of a dock by the Aquatic Center subject to specific conditions regarding the disposition of the material associated with the project. Conditions 1. Approximately 1500 cubic yards of material will be accommodated and retained for the foundation of the Phase Two building. 2. Additional material will be stockpiled within the Aquatic Center's lease boundaries at an elevation not to exceed 6' above the Phase Two foundation's elevation and in a manner which will not impinge upon the riparian area. 3. Any excess material not accommodated as described in Items ti and N2 will be stockpiled westerly of the present Aquatic Center facilities at the base of the hill. 4. The material resulting from any future maintenance dredging shall be accommodated off site at the Aquatic Center's expense. 5. All material to be deposited on site shall be monitored by approp- riate state and federal agencies and that documentation shall be available for public inspection. All material referred to as "stockpiled" and as described in Items 92 and !3 will be removed off site through a brokering process over a maximum period of two years. The City will administer the brokering process. Copies of this letter will be transmitted to Rick Higley, Civil Engineer/ Grading and Tony Melum, Tidelands Administrator, to facilitate approvals for grading and dredging. Additional communication will be directed to the -r 3300 Newport Boulevard. Newport Beach -2- California"Coastal Commission to insure that the action is in compliance with the conditions of the development permit. If you have any questions, please call me at 644-3158. Sincerely, Mark Deven Recreation Superintendent cc: Ronald A. Whitley, Director Rick Higley, Civil Engineer/Grading Tony Melum, Tidelands Administrator Sandy Genis, Senior Planner John Leslie, Coastal Commission USE PERMIT APPLICATION CITY OF NEWPORT BEACH PLANNING DEPARTMENT CURRENT PLANNING DIVISION 3300 Newport Boulevard Newport Beach, CA 92663 (714) 640-2218 or.640-2219 No. j�p'310� Application Rec d by Fee: 0 U_AweyL Parks, Beaches and Resreation Department 640-2271 Applicant (Print) mf-=nrtjparIaTnd Phone 548- 732 _ _hailing Address 436 Hamilton, Costa Mesa 92627 Property Owner riryr of N .wnort RearhArnunt-y of nrnngP Phone §40-2271_ Mailing Address. P. O. Box 1768, Newport Beach, CA 92658-8915 Address of Property Involved North Star Lane and gnnPr Newport Ray -4,90 Or Oi Vm4 Z-A n Purpose of Application (describe fully) (see attached letter) Zone -U- Present Use Vacant Legal. Description of Property Involved (if too long, attach separate sheet) -(see attached legal description) OWNER'S AFFIDAVIT (1) (We) depose and say that I am we are the owners of the property ies invo ved in this application. (1) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and cor ct to the best of (my) _,..(our) -knowledge and belief. Signature(s) NOTE: An agent may sign for the owner if written authorization from the record owner is filed with the application. DO NOT COMPLETE APPLICATION BLOW THIS LINE Date Filed (P Fee Pd. k-01ded— Receipt No, ,HHearing Date Iq Publication Date . Posting Date Mail Date P. C. Action�„Q,rr.4.d..,��J:�4.- i Date_443EX Appeal C. C. Hearing C. C.-Action Date • 0 City Council Meeting March 1IL 1965 Study Session Agendn Item No. 4tcll CITY OF NEWPORT BFAC11 TO: City Council FRCN,: Planning Department SUBJECT: Conata-1 CommtnAion Condition on Newport Aquatic Center At the Study Session of February 25, 1985, the City CounclI requested a report regarding a condition placed by the Coastal Commisnlan on the; Newport Aquatic Center project regarding a Elan for f,;ture facilities on north star Beach. Information on the condition and any appeal procedures was requested. On February 14, 1905, the California Coastal Commission held a public hearing on the Newport Aquatic Center.. The Commission voted to approve the project with the following condition regarding North Star ne?dohs "Beach Improvement Program. The applicant shall euLmit a written agreement, the orri and content subject to the review And approval of the Executive Director, for a North Star Beach Improvement Program. A. The agreement shall provide that by the end of the second year of operation of the facility that a Reach Improvement Plan to improve the qudlit.y of and access to the beach shall be submitted. The Plan shall specify whether the applicant will convert the dredge spoil beach to a sandy beach or will provide picnic tables, shaded viewing areas, and a public fishing dock. with .a sink and cleaning facilities. The Plan shall also include ttw provision of additional on -site public parking. B. By the end of the fourth year of operation of the facility the applicant shall commence construction of beach improvements as outlined in the abrete beach improvement plan. The improvements shall be completed by the end of the the fifth year of operation of the facility." Coastal Development Permits which are approved by the Coastal Comnis- nion have no appeal procedure. There is, however, a procedure to amend conditions placed on a development permit. Minor charges to permit conditions may be approved by Coastal Commission staff. TO: City Council - 2. Substantive changes to conditions must be approved by the Corr+iecion. There is no time limit on requests tv „mend permit conditions. The condition imposed by the Coastal Commission requireu the City to agree to develop a plan for North Star Beach improvew.nts two yearn after the opening of the aquatic center. After four years, Improve- ments outlined in the plan must commence construction, and after five years improvements shall be completed. Staff has reviewed the rendi- tion required by the Coastal Commission, and has no problems with the requirements net forth. The condition requiren n plan for )forth Stnr Beach which would ultimately be required in the implementation of the I,ncal Coastal Plan. While suggestions of specific improvements nre mentionod, the final plan will be prPpared by the City, and will be subject to nta ndard public hearing procedures. Additionally, the City will have the experience of two years operation of the aquatic c&,nter in the development of the plan. It should be noted that if the City's plan for North Star beach eventually submitted was in conflict with the wording of the condition, an amendment to the condition could be processed at that time. Therefore, staff recommends that the. City take no action regarding this approval condition at thin time. Respectfully submitted, PLANNING DEPARTMENT JA14ES D. FiLWICKER, Director By Patricia I.. Temple� Environmental Coordinator PLT:jm SR7 Attachments for City Council only: 1. Coastal Commission Staff Report 2. Amendments to Coastal Permits Forms n.... ��yiy •.�.�P�tie-�:..��a�.r '�'.st��SL,vr,-''�'*'.. Slate of CjVornit, Cmge Deukn-CeAore+.Kx Cahtomia Coaual Commission SOUTN COAST DtSTRKT 245 West Broadway, 380 P.O. Box 1450 Long Beach, California 9MOI.1450 (213) 590•S071 arc � CrvE ni rE8 � d 198Sfirw a. Crt; ZA CAL IF. Y1t 1/10/85 49th DAYS 3/ 1/85 _ 180th DAYt 7/10/85 S STAFFs_ T. Henry:do STAPr RBPOATs 1 /30185 - HEARING DATEs2/13-15/85 REGULAR CALENDAR STAFF REPORT AND RECOMMENDATION , Application: 5-84-786 Applicant. ' City of Newport Beach/Newport Aquatic Center Pepartiaent of Parks 170 E. 17th St., Suite 204 & Recreation Costa Mesa, CA 92627 P. O. Box 1768 Newport reach, CA 92658-8915 Agent: Sanchez Talarico.Associates (Fred TalarJco) Description: Construction of an 18,228 square -foot Aquatic training and recreational facility to include a multi -purpose meeting room and a two-hr.-droom apartment on the second level to be locolted on North -Star Beach in the City of Newport beach. Site: North Star Beach adjacent to Upper Newport Bay located at the terminus of North Star Lane in the Dover Shores residential area of Newport Beach, Orange County APN: 117-381-006 "Summary: Staff recommends approval with conditions pertaining to beach improvement, parking, and public health. Substantive File Documents: 1. Initial Study for the Ne-prport Aquatic Center, North Star Beach, -Newport. Beach, CA, 'dated July 9, 19841 by 14arie E. _ Gilliam/Associates. 2. Management Plan for Upper Newport Bay Ecological Reserve the California Department of Fish and Game. f!:�rol 1 5-84-786 Page 2 3. City of Newport Beach Certified Land Use Plan, May 19, 1982. STAFF RECOMMENDATION Staff recommends the Commission adopt the following resolutions 1. Approval with Conditions The Commission hereby g_ran�ts, subject to the conditions below, a permit for the proposed deveTopmcnt on the grounds that the development, as conditioned, will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, is located between the sea And the first public road nearest the shoreline and is in -conformance with the public access and public recrea- tion policies of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on tho environment within the meaning of the California Environmental Quality Act. II. Standard Conditions: See Attachment X. Ill. Special Conditions: 1. Beach Improvement Program. The applicant shall submit a written agreement, the form and content subject to the review and approval of the Exes•utive Director, for a North Star Leach Improvement Program. A. The agreement shall provide that by the and of the second year of operation of the facility that a Beach Improvement Plan to improve the quality of and access to the, beach shall be submitted. The plan shall specify whether the applicant will convert the dredge spoil beach to a sandy beach or will provide. picnic tables, shaded viewing areas, and a public fishing dock with a sink and cleaning facili- ties. The Plan shall also include the provision of addi tional on -site public parking. B. '.Dy the end of the fourth year of operation of the facility the applicant shall commence construction of beach improvements as outlined in the above beach improvement plan. The improvements shall be completed by the end of the fifth year of operation of the facility. 2. Prior to transmittal of permit the applicant shall submit revised plans that show a total of 83 on -site parking spaces. • 3. The applicant shall submit for Executive Director's review and 5-84-786 Page 3 the final facilitien operation plan approval. 4. Prior to transmittal of permit applicant shall sul=it a written agreement, the form and content subject to the review and approval of the Executive Director, that reserves 20 percent of the mnximum allowable daily use of the facility for general public walk-in unn of the boat launching facilities. The agreement shall also specify that the boat launching facilities, public restrooms and public parking be available to the general public during the hours of operation of the facility. Indoor boat storage shall also be made: available for members of the general public without requiring them to.enroll into any facility program. 5. The applicant shall submit final bulkhead plans for the review and approval of the Executive Director. 6. The applicant shall obtain and submit written certification from the California Department of Health that the wator duality of the Upper Newport Day poses no threat to public health in conjunction with the proposed use. IV. FINDINGS AND DECiJ%RATIOIIS. The Commission finds and declares as follows: A. Project_ Description and Location. The proposed two-story, 19,22E square -foot Newport Aquatic Center includes indoor boat storage area, weight -training room, men's and women's locker rooms, multi- purpose assembly room, facility and public restrooms, boat repair and workshop space with a covered service yard, all on the ground level. A 1,440 square -foot, two -bedroom coordinator's residence is located on the second level. A 15,000 square -foot staging area, dock and bulkhead are also proposed. Sixty-three parking spaces are provided or. -site (see Exhibit 1 - Site Plan). The project site is located on the 12-acre North Star Beach at the terminus of Forth Star Lane in the Dover Shores Residential Community of Newport Beach (see Exhibit 2 - Vicinity Map). The facility will be adjacent to the Upper Newport Bay Ecological Reserve. Additionally, a portion of the site has been designated as an Environmentally Sensitive habitat area in the City's Certified Land Use Plan. B. Background. The proposed Newport Aquatic Center will provide training in kayak: anand outrigger canoe rowing in addition to related in- door instruction. The 2 existing rowing facilities in the area, the Orange Coast College and University of California, Trvine facilities provide instruction at the collegiate level. The principal goal of the proposed facility, according to the applicant, is to introduce aquatic sporty to school age children. The primary users of the facility train- ing programs will include children from the various girls' and boys' civic clubs, youth day camps and sports camps, as well as boat clubs,ac- complished athletes training for international competition and enrollees of the City's aquatic rgcreation programs. f 0 5-84-786 Page 4 0 The concept of a rowing and aquatic sports center was approved by the people of 11fewport Beach in a 1982 referendum. Initially the facility was to be nearly three times the proposed size and included a 2,000 square -foot sports medicine clinic, pool, pro shop, laundry, and a "training hostgl" to provide up to 14-day's lodging for 25 to 50 po ogle. The facility'would have accommodated 850 daily users. The scaled etuwn facility approved by the City has been conditioned to limit the LoLm l maximum daily use to 250. The City added 62 more conditions lnreJoly as a result of the concerns expressed by the Dover Shores Residentlnt Community through which is the only overland access to the project rite (see Exhibit 3 - List of City Conditions). C. Public Use of Tidelands. North Star Beach is a public: tide- lands heldin trust jointly by the County of Orange and the City of Newport Beach for the People of the State of California. As such the use of the site is governed by a Legislative Tideland Grant which dic- tates that the general public must be allowed maximum une of the beech. r;orth Star Beach is currently under-utilized by the public due to its limited access and poor beach and water quality. Overland access to the site is through a residential comniunity via winding roads. Addition- ally, the beach is below a 100-foot high bluff. The lacy, of use of the beach is also due to the fact that it is not a sandy beach but �ro.dredge spoil site. However, the City has plans to make the 12-acre site a high quality beach as indicated in their Certified -Land Use Plan. While replacing the dredge material with high quality sand will improve the beach the water quality of the adjacent Upper Newport Hay State - Ecologic Reserve must also be improved if the public is to achieve maxi- mum enjoyment of this coastal area. The poor water quality of the Upper Day area is due primarily to extensive sedimentation which has resulted in a loss of tidal flushing. However, contamination from colifor-m, land- scaping And agricultural nutrient -rich runoff and heavy metals has led to the restriction of water contact activities and the collection of shell- fish for human consumption throughout the Upper Bay. The California Department of Fish and Game, County of Orange, City of Newport Beach, City of Irvine, and the Southern California Association of Governments -are working together on 208 planning studies to improve: the water quality of the Upper riewport Bay. Presently the beach is used for fishing, bird - watching, jogging and open space. . Staff feels that the proposed project is not inconsistent with the City's plans for the site to make it a high quality beach. The aquatic facility will occupy approximately one-fourth of the beach and will be sited so that the portion of the beach left undeveloped is that adjacent to the public road. A deed restriction will limit development to approxi- mately 3 acres.of the 12-acre beach. However, if the proposed project were not built the entire beach would remain in open space and be avail- able for improvement to a high quality sandy beach to provide for swim - ring, fishing, picnicking, and other passive recreational uses. It is staff'n contention that the use of proposed facility is quasi -public in that the primary users will be various boat clubs, youth day camps, sports camps, various civic organizations, and elite athletes through memberships. The City of liewport Beach Department of Parks, Beaches and Recreation will also offer programs through the facility with • 5-�4-785 Page 5 enrollment on a user fee basis, but the City programs will constitute less than 20 percent of the total daily allowable use of the facility.. Further general public use of the recreational facility is restricted since the project has been conditioned to restrict total daily use of the facility.to 250. Staff finds that only as conditioned to implement a beach improvement plan to include public on -Fite parking, to reserve a percentage of the allowable daily use for walk-in use of the boat launch- ing facilities by members of the general public who own human-powerad watercraft and to allow them to use the indoor boat storage facilities and to provide public restrooms and on -site public parking, can a doter- mination be made that the project allows maximum public use of the tide- lands. 0 D. Public Recreational Opportunities. Sections 30220, 30224 and 30255 of the Coastal Act address the use oY coastal areas for public recreation as followss Section 30220. Coastal areas suited for water -oriented recreational activities that cannot readily be provided at inland water areas shall be protected for such uses. Section 30224. Y Increased recreational boating use of coastal waters shall be encouraged, in accordance with this division, by developing dry -storage areas. increasing public launching facilities. providing additional berthing space in existing harbors, limiting non -water -dependent land uses that congest access corridors and preclude boating support facilities, providing harbors of refuge, and bye providing for new boating facilities in natural harbors, new protected water areas, and in areas dredged from dry land. Section 30255. Coastal -dependent developments shall have priority over other developments on or near the shoreline. Except as provided elsewhere in this division. coastal -dependent developments shall not be sited in a wetland. When r appropriate, coastal -related developments should be accommodated within reasonable proximity to the coastal -dependent uses they support.. (Amended by Ch. 1090. Stats. 1979.) The proposed aquatic training and recreational facility is a water dependent use that will increase recreational boating use'of coastal waters. t,s conditioned to allow general public use of the boat launching facilities and indoor boat storage areas without requiring participation in the facility programs, the project is consistent with Sections 30224 of the Coastal Act. 5-84-i86 0 Page 6 E. Public Access that, "The ocation ana access to the coast by viding substitute means portation." E Section 30252 (4) of the Coastal Act states amount of new development should maintain public (4) providing"adequate parking facilities or pro- of serving the development with public trans - The project will provide 63 on -site parking spaces. Using connission adopted parking Guidelines, parking should be provided at the rate of one space for each 4 persons based upon maximum capacity of all programs of the facility capable of simultaneous use, plus one apace for each 2 employees. The project has been conditioned to restrict total daily use of the facility to 250 for all programs. This number of visitors would require 63 parking spaces under the Guidelines. The number of employees will fluctuate with the time of day, day of the week and with the season. During summer weekday afternoons the facility pro- grams will be at maximum capacity and thus more employees will be re- quired. Also during most of the day 4 to 5 programn (excluding tl�e advanced individually monitored rowing and recreational program) will be running simultaneously. The facility will be least used and require less e,-nployees on winter weekends. Though the project site, North Star Beach is currently under- utilized, development of the proposed aquatic training and recreational facility will attract curiosity and increase the use of the beach. The availability of a public boat launching 'facility at the site will also attract more useSof the beach and thus increase public parking demand. The Commission finds that only as conditioned to provide 20 additional on -site employee and public parking spaces for a total of 83 spaces, can the project be determined to be consistent with Section 30252(4) of the Coastal Act. F. Environmentally Sensitive Habitat Areas. Section 30240 of the Coasts Act states: Section 30240. (a) Environmentally sensitive habitat areas shall be protected agajnst any significant disruption of habitat values, and only uses dependent on such resources shall be allowed within such areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat areas. A_portion of north Star Beach is designated as an Enviror}mentally Sensitive Habitat area in the City's Certified Land Use Plan because there is a ,mall freshwater stream. The stream supports a riparian area which includes some volunteer arroyo willows. The source of the stream is a drain pipe at the base of the 100-foot high cliff which borders the beach on the northwest (see Exhibit 1 - Site Plan). The S 5-84-786 Page 7 proposed facility is setback 60 feet from the riparian area,?a nd no activities will take place in the riparian area which is located above tl facility. Additionally the public beach to be improved is at the southern end of the site and, therefore, the project will not< encourage human activity in this wetland area adjacent to the Ecological Reserve.. Therefore the Commission finds that the proposed project in consistent with Sections 30240 of the Coastal Act. G. Land Use Plan Consistency. On May 19, 1982, the Commission certified t e City ox Newport Beach Land Use Plan. The Land Use desig- nation of the project location is "Recreational and 17nvironmental Open Space." The permitted uses of this use designation are as follows: Recreational and Ehviron mtal ce. This subcategory includes parks, wildlife refuges, golf courses, buffs, canyonn, and beaachen. Uses pern fitted in areas sho m for rtecreational and Environamtal Opcn Spare on the sites listed on Page 17 of the LUP and defined as enviromentally sensitive areas (Page 20) are passive re-creation uses carpatible with the sensitive resource nature of these sites and include hiking, picnicking and nature study. North Star Beach listed on Page 17 of the LUP as a portion of the site is defined as art environmentally sensitive area. However, because the project has been sited and designed to prevent any adverse impacts to the riparian area and is compatible with the continuance of the habitat area, staff finds it is consistent with the permitted uses of the Land Use designation as stated in the City of Newport Beach Certified Land Use Plan. 11 vukia ?uvnov ivw•ty F-T i \I1 1 o x WLry � W I t����� �i �i ! 1 GQaC1 0 � r � .9 M 5 b4-'1zj6 .. VICINITY MAP NEWPORT AQUATIC CENTER r1 C OM `g RS n� City ROl L CALt 1. ZVI cepterber 6, 1984 EXHIBIT NO, • I 5- - of Newport Beach �vvp of the City, and further that the proposed project in terms of use, height, building floor area And setbacks is consistent with the legislative intent of Title 20 of the Municipal Code. 3. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed development. 4. The develupment will provide for both public physical and visual access t.o the bay. 5. That the height of the structure is consistent with the proposed use and will not. adversely affect any public view. 6. That the project is generally consistent with the ballot measure approved by the electors' in J"ne, 1982 allowing the lease of north Star Beach for an ]aquatic Center. 7. 'gnat the design of the subdivision or the proposed improvements will not conflict with any easements acquized by the public At large for access through or use' of property within the proposed subdivi- sion. 1. 8. That the size and use of the Aquatic Center as approved by this Use Permit represents the full extent of the authority granted to the City pursuant to the approval of Proposition O in 1982. CONDITt alS 1. That development shall be in substantial confor- mance with the approved plot plan, floor plan, and elevations except as noted below. 2. That all irprovecents be constructed as required by ordinance and the Public works Department. 3. That a standard use permit agreement and accompa- nying surety be provided if it is desired to obtain a building permit prior to completion of the public icprovtments. - A 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 10 l • COMM(SS RS beptexiber 6, 1984 I MI!�'lIT E 5 r 9� ac,City of Newport Beach ROLL l LAU INDLX 5. That the design of the private drives confo m with the City$s Private Street Policy (L-4), eycept as approved by the Public Works Departrmnt. The location, width, configuration, and concept of the private drive syr-tem shall be subject to further review and approval by the City Traffic Engineer. 6. That the intersection of the public street and proposed drive be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance require- ments. Landscaping within the sight distance line shall not exceed twenty-four (24) inches in height. The sight distance requirements ray be approximately modified at :ion -critical locations, subject to appiov..l of the Traffic Engineer. 7. handicap parking shall be provided to meet code and shall be marked in a manner acceptable to the �raffic Engineer. 9. That a hydrology and hydraulic study be prepared and approved by the.Publi Works Department, along with a mA sttrlplan of wafli, sewer and story drain facilities for the on -site inprovements prior to issuance of any grading or building permits. hny modifications or extensions to the existing storm drain, water and sewer systems shown to be required shall be the fesponsibility of the developer. 9. That a legal description of the subject property be prepared and approved by the Planning Depart- ment, building Department and Public Works Depart- ment prior to issuance of any grading or building permit. 10. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the 11owport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 11. A landscapc and irrigation plan for the project shall be prepared by a licensed landscape archi- tect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. Prior to 11 � Y� rA, COM MiSS014R5 Septesber 6, 3984 x� g ° : City of Newport- Beach ROLL CALI MlNL.Tf ES INDEX . occupancy, a licensed landscape architect shall certify to the Vla:;ning Department that the landscaping has been installed in accordance with the approved plan. 12. The landscape plan shall be subject to the review of the Public Works Depart=ent, the Parks, Beaches and Recreation Department, and the approval of the Planning Department. 13. The landscape plan shall include ■ maintenance program which controls the use of fertilizers and pesticides. 14. The landscape plan shall place heavy eraphaais on the use of drought -resistant native vegetation, and be irrigated with a system designed to avoid surface runoff and overwatering. 15. That a mini=um of 63 parking spaces be provided or the proposed development. These parking spaces hall be secured by. is chain or gate at the entrance on North.Star Lane in accordance with the operatilg hours of the AlItic Center. 16. That all employees shall park their vehicles on -site. 17. if a parking area for the storage of boat trailers is provided, this parking Aill be in addition to the 63 parking spaces required by the project. 18. That the musxitr m height of the building not exceed 20 feet. 19. That the specific use and function of the facility be subject to further review and approval of the City as part of the ground lease and required Facilities Management Plan. 20. The }lours of'operation will be limited to 6:00 a.n. to 10:00 p.m. daily, and that no outdoor programs will be offered aftrr the hour of 7:00 p.ri. Only advanced training activities are permitted between 6:00 a.m. and 7:00 a.m. 21. That no new boat fabrication will occur on -site. 12 �. cO,"AlisscNIRS ;n ROIL CALL September b, 1984 Z City of * Newport Beach MINaff ES 22. Trailering of boats to or from the site shall occur only between the hours of 9:00 a.m. and 4100' p.n. . 23. No overnight accommodations will be provided on -site, other than the coordinator apartannt. 24. The on -site coordinator staff shall be subject to the approval of the Parks, Beaches and Recreation Department. . A meffber of the on -site coordinator staff shall be tin the premises at all tires. The coordinator shall have the authority to restrict use of the facility to individuals with rotor vehicles which are in conformance with the t!otor Vehicle Code. 25. The weight training facilities will be used by aquatic programs participants, and will not be, available for independent weight training pro- grams- 26. �utdoor boat storage shall be limited to seasonal. storage of outrigger canoes. : 11,, 27. Parking lot lighting shal be designed in such a manner as to conceal the light source and to minimize light spillege and glare to the adjacent residential uses. The plans shall be prepared by a licensed Electrical Engincerl with a letter from the Engineer stating that, in hie opinion this requirement has been met. 28. That the parking lot shall be secured by gates as shown on the approved site plan. The gates shall be locked. no later than 1000 p.m. 29. The p.rrking lot lighting shall be turned off no later than 1000 p.m. on any day, and timing devices shall be installed and maintained to ensure that the lights are turned of at 1000 p.m. 30. No outdoor public address system shall be permitted. 31. Aestrocm% shall be wade available to rrerbgrs of the general public during the center's hours of operation. NDEX • • ; `0 • COMMJSSK7'IlRS31 Septesrbez 6, 1984. City of Newport Beach R-OLL CALL 32.' This use permit shall expire unless exercised within 36 months from the date of approval. 33. Construction of the project may be phased ao long as no part of the facility is constructed prior to the boat storage facility., MINUTES INDEX 34. That the Planning Commission* may add/or modify conditions of approval to this use permit, or recommend to the City Council the revocation. of this use' permit, upon a determination that the operation which is the subject of thin use permit causes injury, or is detrimental' to the health, srfety, peace, corals; comfort, or general welfare of the community. 35. Construction of the bulkhead is subject to ap- proval of a Harbor Permit, and is also subject to the approval of the County of Orango, Harbor,• Beaches and Parks Department. 36. Jfi at an engineering study be prepared to determine, the appropriate design for the bay frontage. Bulkheads, rock revetr+ents, or other facilities racommAded i by the 'studyij hall be constructed to adequately protect the ona to improver -ants. Newport Aquatic Center shall agree to construct, mintain, and repair the bayside facilities. The City or other public agencies shall have no responsibility to provide repairs to facilities flooded or damaged by erosion from the bay and adjacent drainage course, or to otherwise protect the improvements constructed on the site. 37. The project shall comply with the Uniform Building Code and all local Amendments, and the City's seismic design standards. 38. The project shall comply with the State regu- lations.for the handicapped. 39. Construction shall meet the reguirecrents of Title 19 and 24 of the C.A.C. 40. Access to the service road circling the 6jatic complex shall be controlled by the ctans of a gate or other features to prevent use by the general public. 14 / MAN MISSONIRS M ROLL CAI[ i o w 9 O E Ici 4 September 6, 1984 of Newport. Beach MINMES INDEX 41. Prior to the issuance of Building Permits, a National Pollutant Discharge Elimination Olrnro) Permit shall be obtained . from the Santa Ana Regional Water Quality Control Board *if any discharges to the Bray are anticipated. either during construction or subsequent operation of the facility. , 42. Prior to issuance of Building Permits, an Array Corps of Engineers Permit shall be obtained to allow construction of the proposed bulkhead and docking facilities. 43. Residents should be provided with' a point of contact with the Newport Aquatic Center, manage- ment, to handle complaints of noisy vehicles in the parking lot or on local streets. 44. All mechanical equipment and trash areas shall be screened from public streets, -alleys, or adjoining pFoperties. 45. Exterior lighting shall be approved by the Plan- ning Department. 46. Development of the site tray be subject 'to a grading permit to be approved by the Building and Planning Department. 47. A grading, plan will include a complete plan' for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 48. The grading permit will include a description of haul routes, access points to the site, and watering and sweeping programs designed to wini- rd ze impacts of grading and haul operations. 49. An erosion, siltation, and dust control plan shall be submitted and be subject to approval by the Building Department and a copy will be forwarded to the California Regional vAter Quality Control Board, Santa Ana Region. 50. Grading shall be conducted in accordance: with plans prepared by a civil engineer and based on reco:.+endations of a soils engineer and an engi- neering geologist subsequent to completion of a 15 ... .. �.. 7u ;�J'�:• .•A .•r .�. .....tr:.. ,.'.�i .. .,d.,a:'i"''-.}- ,, O COMMiSSIO!ERS 9 � a September 6, 1984 MINIAES • f City of Newport Beach tNI AX comprehensive soils and geologic investigation of the site. Pervanent reproduction copies of the *Approved as Built' grading plans on standard -also sheets shall be furnished to the Building Dspart- ment. 51. The Fire Department shall review design plans to ensure adequate access and emergency exists. 52. The provision of adequate fire flow shall be reviewed by the Fire Department. 53. Structures shall be equipped with fire suppression systems as required by Code. 54. Final design of the project shall provide for the incorporation • of water -saving devices for lavatories and other water -using facilities. W 55. All onsitc drainage shall be approved by the City public Works Deparot=ent• 56. A weekly cleanup program around the project site shall by c?nducted:an al``regular basis. During construction, ' basins or�.bther devices shall be installed to prevent waste from entering Newport Hay: 57. Prior to the issuance of„building parc,its, a, comprehensive soils and foundation study will be prepared and approved by the Planning and Building Departments of the City of Newport Beach. 58.. Should any archaeological resources be uncovered during excavation/construction, a qualified . archaeologist or paleontologist shall evaluate the site prior to copleticn of construction activ- ities, and all work on the site shall be done in accordance with the City Council Policies and );-5 and X-6. 59. Any mechanical equipment and emergency power generators shall be screened from vlew, and noise associated with said structures shall be sound attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recoirnendations of the qualified acoustical engineer and approved by the Building Departrent. 16 , • COMAUSSK%RS :z 7s ROLL CALL September 6, 1984 dfl City of Newport Beach 60. All construction activities will be linitad to the hours of 700 a.re. to 700 p.m. Monday through Friday, and BOO a.n. to S OO p.m. Saturday and Sunday. 61. Une of the site shall be limited to a maxlra= of '250 persons per day. 62. The Clover Shores COMunity Association shall be allowed to b;l;et a representative to the Aquatic Canter Board of Uirect.ora. 63. The applicant shall record a restrictive covenant limiting use of the facility to that'alloved by the terms of the lease as executed by City Council. ,?hL--Planning—Coeolission--recessed--et--9n ',keconyened at 900 p.m. 1 MINUT ES INDEX Use\ PeMit No. 310E (Continued public fleaiiny Ytea 110.2 , Request o� rr-it the establishment of a retail art Use Permit gallery/stud ` on property located in the m-1 District. Po. 3108 LOCATIONS Lots 6 and 7, Block 328, Lancastex'a Addition, located' "2912 A proved at Layfayette Avenue, on the Ccndition- easterly side of Layfayette Avenue, ally betveen'29th Street and 30th Street, in Cannery Village. • ZONE: !+-1 APPLICIOM Paul Alain tenrie, :tvport Beach O'.tN£Rc Loma Linda University `ora Linda r ,.L "!'.r. William Laycock, Current Planning Rdrinistrator, advised that the Planning Staff has recor-ended that the following two conditions be added if the'Klasning Cor--JCaion desires to approve this Uae Pvsit. Condition tto. 5: "That the socand floor areas %ball only be used by the artist or the gallery manager fo a studio, office, or storage purposes% and Condition tto. 17 ... .. . C.. ,. .. .. .._ .. r ..f.�"•z•..t.._..G: Ira:. _;xj .'t, . r � �J :r...,' I. To: From: Subject: 0 Attachment X Permit Applicants California Coastal Corkmiasion, South Coast District Standard Conditions The following stRndard conditions are imposed on all permits issued by the California Coastal Commission. STANDARD CONDITIONS 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shag not com,ence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. if development has not cosenced, the permit iAii expmire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent wanner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions act forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Co=issior.- approval. 4. Interpretation. Any questions of intent or interpretation of 'any. cond Ron will be resolved by the Executive Director or the Commission. S. Inspections. �The Commission staff shall be allowed to inspect - the site and the development during construction, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, prow a ass gnee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions 'Run with the Land. These terms and conditions shall be perpetual', —and it is t e intent on of the Coctnission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. State of Cakfomia, Ceorge Deukrne jan, rAww a e1 • C. Callornia Coastal Conymsion %; , �' C%• , '; c7 SOUTH COAST Dl5TRICT 24S West Broadway, Suite 380 P.O. Box 1450 A•w 9 Long Beach, Cakfomia 90801.1450 `s t, r (213) 590-5071 AMENDMENTS TO COASTAL PERMITS Dear Permittee: The following material and/or information is required to process your coastal permit amendment request: 1. The amendment must be requested in writing with an explana- tion of and reasons for proposed change. A form for requesting an amendment is enclosed. 2. The revised plans must be submitted; these must have been approved by the local planning agency; please submit evidence of approval. 3. Renotification of all adjacent property owners and occupants within 100 ft. of the boundaries of the parcel (see enclosed list) --- be sure list is up-to-date] check with the assessor's office. Please provide stamped, addressed envelopes for same (include 20-cent postage on each ervelope). C1 4. Filing fee of $25.00. Upon receipt of the above information, the Executive Director will determine whether the amendment request is immaterial or material. For immaterial requests, notification is sent to surrounding prop- erty owners. If no objections are received, the amendment is approved and you will be sent an amended permit. If objections are raised, the request will be sent for public hearing. For material amendments, a public hearing will be held and you will rece=ve a meeting notice. If you have any questions or need further information, please contact this office at (213) 590-5071. ;SCDs 4/12/64 • State of Calloma, Georg. pr kmeian, cowwruor Caldorm Coastal Corrrmsion S067H COAST Dt$TFJCT 245 Weu u` oartway, Suae 380 P.O. Box 1450 loM Beach, CaHorria 9M1.1450 (213) 590.5M 1 A M E N D M E N T 11 1. Permit Number 2. Applicant's Name Address 3. Project Address 6 REQUEST FORM (area code) (Telephone No.) 4. Items necessary to file an Amendment Request (attach to this form): A. Two sets of plans stamped with Approval in Concept (if construction is involved). B. Approval in Concept Form (if construction is involved). C. Notification of Owners and Occupants (as in original application, updated if necessary). Stamped envelopes for each. D. Estimated Cost of Amended Project S • E. Filing fee of $25.00. 5. Describe Proposed Amendment: Applicant's Signature Date SCD: , 4/12/84 ,i .. �. L J. �.4r _ ; 1._. ..:.��t.., 4. ��,���, w.� i ��.::t„..t•1-;: �Ii�`-t .., :.�k ���ti.s =iris c �i `: �'i 161 �t CITY OF NEWPORT BEACH v \ = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 PLANVrNG DEPARTMENT (714)644-3225 June 16, 1986 Mr. Tom Crandall, Director California Coastal Commission South Coast District 245 H. Broadway, Suite 380 P. 0. Box 1450 Long Anach, CA 90801-1450 REs Newport Aquatic Center Dear Mr. Crandall: The project proponents for the Newport Aquatic Center have presented a revised site and floor plan for the project approved on North Star Beach in the City of Newport Beach. Upon reviewing the plans the Planning Department has determined the revised project to be in substantial conformance with the approved project, in that the structure and parking lot are in the same onoral location, the overall square footage is the same, and the uilding is no higher than previously proposed. In order to receive building permits, the project would have to comply with all the conditions of approval applied to the project by both the City and the California Coastal Coma ianion. I hope this information will be of service to you in reviewing the project for conformance with your spiroval. If you have any questions or need any additional information, please call me at the aboveI number. Very truly yours, PLAN}iING DEPARTMENT JAMES D. NEncrtER, Director By .. Petricia L. Temple Environmental Coordinator PLT/lI 3300 Newport Boulevard, Newport Beach t.. CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 9265"915 OFFICE OF MAYOR - (714)644-3004 Q 1 May 13, 1985 01 E. California Coastal Commission r�: % •+ct�'L'` �� South Coast District, 245 Kest Broadway, Suite 300 P. 0. Box 1450 Long Beach, CA 90801--1450 Subject: Permit 05-84-786 - Newport Aquatic Center Members of the California Coastal Commission: The City Council of the City of Newport Beach has reviewed the conditions of approval imposed by the Commission on the Newport Aquatic Center. While the City has some concern with the wording of Special Condition 1, the City desires to have the Aquatic Center project proceed in a timely manner and, therefore, will not request any amendment to the condition at this time. llowever. the plan eventually developed by the City to comply with the condition may require some future amendment to the condition language. The City would like the following comments noted in regard to this project. The City was a co -applicant with the Newport .-juntic Center, yet it did not receive a copy of the staff report until seven days after the hearing on the project. )lad we received the staff report in a timely manner, the City may have made comments or requests in regards to the conditions adopted. The condition imposed requires development of a Beach Improvement Program for North Star Beach. This appears to bo included for the purpose of requiring an implementation program for the City's Local Coastal Program. The. City questions the appropriateness of requiring an implementing action of an LCP as part of a condition of approval for a specific project. pnrtieu- larly when the City submitted an UP implementation packnge to the CorasLal Commission staff for review in November. 1984, and have, as yet, received no comment or response as to any deficiencies in the proposals. The Newport Aquatic Center will result In significant public use of a tideland area which currently sustains little public use. It is a sensitive project in that all access to the site is gained via residential streets, as opposed to arterial roadways. In addition, the site In known for the K 3300 Newport Boulevard, Newport Beach California Coastal Commission Page -2- May 13, 1985 adjoining degradation in water quality where water contact and fishing activity should be kept to a minimum. The Coastal Commission has, in the wording of Special Condition 1, apparently taken a position on which types of additional facilities or improvements may be appropriate for the North Star Beach area without taking into consideration known environmental constraints. It is the view of the City that a judgment on appropriate improvements con be made only after experience is gained on the operational characteristics of the Newport Aquatic Center and after environmental assessment of posaible improvements. Very truly yours. CITY OF NEWPORT BEACH PHILIP R. MAURER Mayor cc: Planning Department ' -.• .� n `{,.;i'�st � .;,k �'';!t:��.�`{�,..�� �'-}�'F R;'X`. 1t..Y��/Fi!�.r�f�(x`.fa�Y+�ku.,..-ii�t,,!,iM �;�iA�1r�:�t��/�f$....e•��;F341t=tT;�i�'�t9Yii'fr"i��"7'10'J:l�l��;� }F�:i'�i�iSil M 0 i THE i COUNTY, Of ORANGE; THE CITY OF NEWPORT BEACH . 1, 1 1 1 1 ! ;, ',AND:: - NEWPORT AQUATIC CENTER, INC. GROUND LEASE: THIS GROUND LEASE, entered Into this day of 198 by and between THE COUNTY OF ORANGE and TIM CITY OF NMIPORT BEACH, (collectively referred to as "Lessor") and NEWPORT AQUATIC CENTER, INC., a Non-profit Public Benefit Corporation, organized and existing under and by virtue of the laws of the State of California (referred to as "Lessee") Is made with reference to the following facts, the materiality and existence of which Is stipulated and agreed by the parties hereto: A. Lessors are the owners, subject to n public trust, of approximately 12 acres of tidelands commonly known as North f,l q I f Star Beach. Jsf) bfli! .)-co- - ti" .1 13. On the qualified electors of the City of Newport Beach approved a Measure which granted authority k;-,J I., p to the city Council to lease the property on North Star Beach for 1'i'; 0 the construction of facilities to promote spor'ts Involving powered watercraft (hereinafter the "Aquatic Cantor"). - V- EXHIBIT B C. The parties-, 'have Identified: a portion of North Star Beach that Is best s u I t ed',.f or the construction of the Aquatic Center and that property, which Is the subject of this Lease, Is legally described l.'as.'Iset"forth on Exhibit "A," and Is depicted on the map attached as Exhibit 1113,11 D. The property Is subject to restrictions, including, but not I Iml led to, I Iml tat Ions specified In Chu'pter 4 15, Statute's of 1975 ' the Grant Deed from the County of Orange to the City of Newport Beach conveying an undivided one-half Interest, In the property; the limitations, commonly Imposed on public tidelands. Lessors have determined that the proposed Aquatic Center, and the uses to which It w I I I be put, are consistent with the limitations and restrictions Imposed on the property; E. Lessoe has received approval from the City of I ft,,:. .� 1 'i;' ' - Newport Beach and the California Coastal Commission to build a structure on the property which will provide facilities for human -powered watercraft and the I r owners, Including boat storage, a Multi -purpose area and meeting room, a weig��t training room, small offices for the conduct and operation of the facility, a boat simulator center, locker rooms, and such other -2- X3, facilities as,may,be,.Incidental to ,sports, .Involving. human -powered water craft. , F.. In; •, conjunc.tIon,, with, ,the. , construction of the aqua tic;,:center ,- :Lessee proposes , to .ibulkhead, of ;por,tt.on of .,the beach. frontage, ,construct!!,lowAlying, docks to, serve on,iy,,,human- powered craft, to landscape the property, and to,provi'do:parking, public restroom facilities, and public access to the beachl G.. That approva Is gl ven,. by ,the City, of , Nowpor t Beach (Use '1Pormlt No. !j3104j,,(attachad,•;as MHO b{t,.!!C"). ,an•d;,Cal If,ornis Coastal Commission (Coastal Development Permit No.,,,,�, attached as Exhibit "D") are subject to Lessee's compliance with many `-conditlons,andrt this, Lease, lip,,to,,bejnterpr,otadr,s.uch that it Is consistent with the eondltlons lmpoRad upon Lessee and the restrictions and limitations imposed.jupon;;the, p.roporty# � t , �' <,' !-Al0rl J�Thc,: resl'donts .-of,;Newportt,Pon ch,,,and the County of Orange' Will+ fder-1 ve,� isubs Cant 1 a l c! bono;f i t , .f rom,,,i ho; cons t ruc t i on.,,of th'a- 'quatictCettterO Ina,thattrt ao'i i,.+, ,t.:.; t rt,. r ,; i. ;,✓ IR�;'.j� i'!':71tr{ .`li.�tc :• �Iftj NewpoMi-Ilar.bor;,,hgaetlden;l, water„fao1d1t,(,onstjfor. the training and development of world -class rowers, canoers, and kayakers, but no facility currently exists to accommodate thesn -=:1- yt �',�� n ,. n;.,�f,':ue pI ,'L4� '�I 7-s.l�S �'�`,,'ey.,[5?-r4.m �r..?ti r.'�\{'�1'7f'!"?1v��si�..�i .., ,rLv�-f,', fit,, . �. tf;�; ., �.?`rnh�1}� wA: h�i �VtuY+1f�,.f. Nz}� �•�..>�,��' �)� �'� athletes and'' thcre''Is' 'current ly "no -organized public program, for, these specl f Ic water sports outside collegiate programs., . .,, .).. , _-.- Construct 16n", of , the`. Aquatic Center will provide a"'I ic 11.1 ty foriwor Id-clasis athletes 0, as Wel I : as encourage.. and'' prov'I'de for,' pdbltc". 'part IcIpat,lon-, human -powered, !aquatic sportii4t'all levels',of abil I ty; 3. A portion of the Aquatic Center will be freqdently-used by I Imembers of,- -the general! publ Ic, • ei ther In conjunctl . on - with recrbatl6nal programs: �sponxorcd by the•,Clty ;of Newport-Beach` THEREFOR I,, "the''pi,irties'- hereto, agree..as: f o I I ows t. A it I. t i! r) i ;k VY LEASEDI PREMISES, t,III fI(I 1i i tLbssori` "fie rebyY7, I aios , to,A.Lessee ,n, sub j cc t to the fe rifii ' J6 f t , th'1W., Air'oemen't, I VaUl-th6c condl-tlons,.:-.contalned,, ln,#,Use Parini t No. 3104 and Coastal Coffrni so I on.,i I Developmentill,,parml No. the 4 acre parcel legally described In Exhibit "A," and '! .dc1 pi;c a 0 m '" ` ido` Atic'hed:!hs1,EXh Ub I't*tMD",4 the, 111proper ty" 0hth lit Jemirvjol*ri,i(l J; I! f1f; I I Isl A 4 A 2 . ,TERM The term, of Ahis'Loase ,shall-.be-:twonty-flue (25) years. The term of the lease shall comnence on the first day of the f Irst '`ful 1, 'calendar' > month after = eachs of, i the following condltIons'has been'satIsfIeds _ A. i The° Lease has been :executed by; the,,par.ties; �B.�t'°•Lessee has obtained a building pormlt,for. the r construction of" at tleast 40% of itho ,pormltted.,floor.area and. .for. construction of any and all improvements or facilities requlred as conditions to Use Permit -'-No. j3104it(Exhibit-il,'C") and Coastal Development Permit , (Exhibit "D"); ".(;,; �; i i 1i'1!� t„sr.• :):iri 't(i it'rl} r .i tI1:C. �'C.l J i iDemonst'reCc-) eompl lance ;wl th�.•al I,_ condi t Ions to the approval of Use' Permi t�)'Noif 13)04,�AExhlbl t i"C") and, ;CoastaI Development Permit No. (Exhibit "D"), including, but not 1 (mI'ted`'`to I PQrini ts'Ufrom other,}publ tooaggncles, r:and the so11s, hydrology and related studies; ;{ ,, I di(;).,i i'`►D1.*."sLessor�.i�hasv,race Ived,,:va-. bidii (the bids to specify that the work will be per formed=cfor, �t. %,quoted prIce,,i t accepted within 180 days) from a licensed contractor for all work -5- .. ���.��. ^.ik•�_ �..'r. �... _ ?. r ors'. . �}•. .�, }�7�� ,..a �+�V'y.. ,}�t•h��•}K. jj, .+,.1����"',i• v. ,,�` �. ,..#nYF Y�'M rj •�.'[�.-:i'.�{!,is !F �T �.- sr.i �.. specified in the plans submitted with the application for permit as well as all work required to satisfy conditions to Use Permit No.,�310t a`nd Con s'taI''Development,Perml.t No.::, E.� Lessee has; received .a ;lette.r of eredl t, j Issued by a financial Institution;- approved,•,by the. F,ingnc•e,•, Director of the Clty of Newport Beach, In a sum equal to 110% of the- total "amountliof • the,,bids received pursuant .to subparagraph 2(D), the latter of credit specifying that the funds In that amount will 'be 'available tolLessor until such time as Lessor acknowledges satisfaetory;eompletion of-construet.lon. 3. 'USE 'RESTRICTIONS/CONDITIONS,, {.,�tiy 1<.Rili.,i) , i;lt; •'r. 'r if This Lease, and the rights and privileges granted to Uesse`n" ''is= i subJ eat to + al l �:� of� �;the+,r,condi t ions, covenants, hstrlkl'ons aridlimitatlVnst�ofcthe,�,foll,owing:,;;tl !l.) t �rl � Ci�? i'lIt � k +�f S 1 :i i I�:i�'� 1 ........_.._,.,• . 1!Y1 i !(tl•I :.t: 1 ,ir>i ^'i:. f'6 "I ;I{� bm'A. r , 'Clity,,� of Nawpor,tci ;Beach, jUsa ;,Pprml t �r No.,, t3i104i {see Exhibi t "C" B;10 CoastaIi -,'Comnlaslon, Dove l.opment Permit 1 flit •sul ri,�,�'r:ar,�, �,�r1t r; :�ir.��'l (�'r[„ �ifi� f 6- �1. ^.1� d..4,00 ..s?'vi ' (!�'F'..Y��' 1�i4 �"�'��wk+• r. '`,. �} Ni..b�he i.rl�iJl'�.i'rak�9�-.I�SY�'rr%il"1�5�"�i^.�.: ft+r+",l�.ruti, �7 .:'-4.'X ���� C., .,f The, Grant,.,Deed, from, the. County,, of. Orango, convey I ng,,,,Ao.,. the, _Cljy pf..,,Newpor t Beach, :an .,und I,v.I ded j'on'C7h4I f interest In the property ,and.t r,cuorded March. :J3, 1978 In Dook 12594, , Page 990 p;Off Icial ..,Reco,rds State, of,,,,Cal 1, fornia., !D :Th.o prqyi a I,ons ,of,.,any an.d, all Statutes of the California Log I a I atu,r,e gra,nt.1,ng. ,!,I de lands wl t h I n Or, .4 I.ong,.,.,the property. CONS I DERAT I ON: The; c o n a I d e r a.t.1 on forr,,.t,hI.s;,Agreement-,sha,1;1,,be the cons t rue t I on,,,of,., an aqua,tjo , con.te.r.,a,nd,., r9crea t.1-onai,, fa.c 101)..ty, Lessee, at no cost to Lessor, the continued maintenance and operation ,of,, t,his,,,fa,cm-ty, ro.r,(jthoj,t,erm.,,of the Lease at no cost to i Less ory.. the t,,co4mnI.tmentf,9f Lea a_oe.'.'ko, U!, I 1 I z a the, a a -a, n, aquatic, center -,,Jqrj 1 t he j a,dvanopment ?of ,, mar I no -or I on.ted, 4t,hl et,I 6 and recreational programs, ;and an.dj,he rfgh.t -ofjLcp,q,r to utilize the facility. I ,,, (I V -i aj H t r i I )'i ", t I 4 J);)'l .-'" i ,it.. I i I CONSTRUCTIOWDY .,LESSEE ,Ili, 0 1 h I t: n cost ;,iknd.)expen.setq,tp -.cqn3t,ruoA or„,,jcpp�S,F t,tq, 4,q tjqqj;true tedv,jh* 0 buildinigs an8`'`siructurds"doscrlb*ed "on'" they Plane attached as Exhibit- "F - tho'i66nitru'atl'6n to be"6omplet'6d'.'In','i'oaordane'e"witb: the' terms "and rend! (ions ot''this, L'eise"and 'any and arl permits Issued to Less io'"pr'o I'I'mi haej 'Ao clonstructioin!-'"Lesiee Shall,h"Ai(e; the right to build the structures authorized by Use Permit No. 3104 .. I n ' P h'a"'S'Ci p'r o 4 1 d-'e d hoWever,' , there shell bo no more than a 'd',''itp�rdxfmat6ly '40% !',of 't - he threc�� � 4paritep 'hisei's,"'na'perml t ted floor area shall be built In the first phase. 0. No structure or Impr:Ov'O'm'6ftC,1bf'any kind she I be erected or maintained on the property unless and until plans, IocWon`-!'of--'1 th"0I structure or spiclflca'tfons'-`ihd' ],,proposed' Impio''Vem"o'nt" ha"ve"bo'ch ;ipOr6Ved,'1h"wrI 1:16g',rby Lesior.13- C IlLo sis'oCbfia I V !hivi tWe Ir i'gfi t F7, iaT, any A Inie,", to, ""iasOrequi red I oy" Oos t, andsm,atnhd in06 1 'thil piemCaes'j' i hd r eea4 dI law,"any notl c6i 'v-r-66!VlVds lof I b(I I Uyl provided for''theN Mach in'l c"sl 'IJ16i I 'a"W's "6f- th'6 iSfaii "Ca I I for'n I W.1 b . ,, 1 4, 1 j ,) I I I "Ill i I iIo is D. All work required In the construction of the Aquatic Conte r Including 3fT a P. landscaping, utility Installation and similar work shall be performed only by co(npeto''n't°''c'on'tr'A'cto"r'i'ld u 11Y111'66696dVa's such' finder /the laws of the W, and 'Odr'S'(jaht folWitTen (6nt'raot' 4betirean Itho. contractorandt'Lessee.�" Each- contract `shall provide that the ffna'I' payment 'under''the!contract shall' bc:�1n'an amount equalling at least' 10%'of 'Ahe "fuI I `-amount1,payabl.w,and i shall! not be"' paid fto " contrac'tot until''the (following, P-hichevertIast� occurs : (1) The expiration of 35 days f rom 1. Ahe notice of recording by Lessee of a notice of completion of the building',', with`` Lessee'"agreeing to,:record-the notice promptly wlthfn the time spe'cIfIad by' Iawl or {' ! (2) ','The settlement and' AI seharge of;.! all Ifens of record clalmed"by persons who ;supplled i'otherf'labor or materials for'4the'`constt'uctton' 'of 'the°pio'Ject l: ,: t'. ll ;t t , i, '1 � 11' rr: . � s:'i. �f {iir•l !! ) 7; '; 'f '. r.r , r Each- "cont ractor'f 'hi"red 'by,)Lessee toil perform" an'y `ser'v'lies `dn' 10io Vpr`operty` shAI P Nrn I sh"toi,Lesaeewtthrcoptas- del l vored to Lessor: !.( ).'__.At'.tiorid,', Issued:?' by.�_.a'_corporate surety authorized to Issue such insurance in California, In an amount equal to 1009E of the con triaeY..'pr.Ic`a1(_'.and'. securing faithful performance by contractor of his agreement with Lessee; and ;tic, ffj 17: -9'., . .. 1'�'�. ... v�L. t, f. , .. . � �:L• t.�, r'Ir-. ,�. �.. f1` .ante .e .✓•S±. .: ('-. .. r t�f�hl "'T'J-'� , r .. , . (4).! A ;bond, Assued by.,a, ;corpora to surety. authorized tolyisSue . such .•Insurance.,fin,,Ca 11,f.ornl_a,;,In.,an, amount.' equal "to, 75% oV tha,,prIce; pay&ble:,under,:•.tha Icon tract{socurIng,.the payment of al1•�!clalms.r,for,'. the per f,ormanca_:of,Jabor,or ser.vlces . on, or the furnishing of materials for, the performance of the contract. ; I,c ;F. ,Construction; of,,;the,- project , should conmence.,. within ninety (90) days from the effective., date .of the, lease. and shall be diligently pursued to completion In accordnnee with the schedule submitAed�by-lessee: or,:lessee's ,conty,actor, and approved by, thc.I,Bullding,,;pirector., .,;,;The;, time,, -;;for completion of construction may be ,ext.ended lonI,the..lgvant ,of,, a,trlkes , ac,ts.,,o.f ,.. God, or other events beyond the control of lessee, but shall not be -),-extended due ::._tof,;li;nanaial; ;pr,oulema.,;.,: iFailure to timely comfneneer:conslr,uct Ion,,.or,;;(al,l.ure it,oi,dl.l l,gQRt,ly.pureuo :comple,tiony 3 shall be considered a material breach. ,) I sI 6 o oq CONSTRUCT ION/ALTERAT1ONi BY LESSEE )ttll -,inJ FiU ni 1,3111r!I i IC. of Lessor''s, ConsonLs,ctei:3 -trf1 ,r; (Jt l ,f;! f3Ttfl: bill; No structures, Improvements, or facilities shall be constructed or altered by Lessee without the prior -10- tf •_Z'.�., .i,.,� f ._'.L.eSf..'3�,}t��s.:''f,..,�b....a,. .._ ....� .. ?'. �n_ l:i3 .w.i.'..,,�L�'���' -,w:. ifs; � .J }}� c Mt'1,I��.,� LF E ! r�df In 45Y.Y�(71 •.�L!i ��I" of is.•.S4`+y.-'Nl'•' written consent of,.� the.-Aul Iding Director, of.;the City of,,,H,cwpoF.t. Beach.! ;.Any -conditions, relating,jo the mannert., method, dos,l,gp and construction: of the., str,uc.tures,,,, jTnpro.vements, ,,or ,facil It'los Imposed . by, Lessor, chal,l.. be _,cons,lde,r,ed con.dit'lo.no of .,this Agreement as though,,or Iginally ;s.tated,,ho,reln., ,,In the,. event, that any construct ion ,,or.,, al,terat ion .,of jacilities, ,, structures —or Improvements requires any;dlscret.lonary appro,val of any Board or Commlsslon: of! the,;Clty,of ,Newport Beach, any; condi tions Imposed by such, Board or ,Commission re.1at1.n&,.,to the manner, method, design And, ,cons t ruc t Ion,, is. true t ures , Improvements or facilities: shall -also be,conditions ;o,f,jthjs Agreement. Strict tCompliancel,,, .,., All.jmproyament!j q9q;,tructed by Lessee on the proper,ty):shal 1.1,be/ cons,t r.uc ted In 4 t r J,qk fjqompl lance with the plans and speolf[cat-Vo.ns., apprqvod-, byj,the;, ,pullAing Director of the City of Newport Beach. . ;),) ; 1 �j i, 4" 1 'k -,,I of 0 1, ) Mechanics L I a n a 1, I "Ali I f: i na Lessve j-_sha I-J;j i4 t,if a I n,damn I f and,, hold )Lossor harmkiss.. from,j anyi! )and;,, -,al for,, j I abor,, , 9T,j materials In connection with the conAtr-ucJj,PP#j aIioratIon`,`' or Ins't'allatlon"-`otl th•e' structures, 'Improvements, equipment 'or-'fa'el'lItJos "on " the property "'and`from'the `,coats'of def`endin'g° "against''` such '�claims;�'swhl'cti cost nhaWl Include. -. reasonable attorneys' fees -.'`"'In'' -the `e'vent .'any llen-ris Imposedor:�; recorde'd on' thv' property``as'a'`resultY•of,'the�cons'truetion', repair,'! eiteration'or'installetion'of any e'quipmentl orl'facilIty Lessee UO Record' a'valid#�Rel'ease''of,;Lien; I k Deposit' auffi'clent cash with, Lessor-to'1 cover the amount � of "the 'claim or lien, In,,' quest Ion, I and, `author Ixe � pnyment.i to:� the r extent *of ssald :deposit] to' any person 'or.' 1 entity that obtains any judgment with reaper N .:to.;sa t d,'el a I'm of rat (en; or III. Procure and record a Bond In accordance 'wl'th the'!l0e,6vUs1 ons iof Sec t 1 on 3143 CCP, crt„I s,i. s;r i�. >s.�.x 1 :SIwhCeh Trace the'.1'pr6per.ty-,"frbin,ithe,;cla`►mq of: il'i'eWithndti from any act l`o'n itirouRh,t `toj; foreclose the lien. .r�� fssi s �u,�w •1"Ca In the eveht►U`o4cio1 t fa H-s" W'aompl y with the provisions of this paragraph, within 15 days after the filing of any-'su'CK t'1`cW, the')1ei ssee'"shal-1 bb1'c6nsIdored' to have materially bi'cachid'jth'I'al Agreement;lVand"Ulthtell Lease" sha-l'T'Ibe subjedt btorl immediate te'rminn't'Ibn11" i,1fw rl<�;�':�•ss0v� ,3t riR;in lr.,s� -12= . - f!!'3 v�A 5ak� .i�,,•�y { ?�..�,r r4t r 7 'tr.r rtid^ y (t .�l;r�'X v �'tl+.�*.�n t� ;tMk+u J�+,Y i�7 �3 4',I li .�.��..�E14 �.. + 'F4s �:...•YJ'Yr .'vt`•4} rV iif?k4 "0" "7,': , OWNERSHIP OF IMPROVEMENTBt <<: , All buII'd Ings; iImp rovements, and: faolllttes, ex+alu-.; stvei of A'r'ade' ftxtures(,' constructed, or' pi aced[ on, the, property. by;i• Lessee must, upon completion of construction or Installation`,,!be,f, free and clear of all lions, claims or liability for labor or material, and at`._;the !.,60t'l6n1'6f L'e'sso'r', shall. become property of Lessor at the expiration of this Lease, or earlier termination thereof." ,' Lessor, retains the- rights to require -Lessee, at Lessee's cost,' to remove all -�' lmprovements, � pladed - on ,,Ahe! property- by:. Lessee,,! et-, the �expira'tlon' or, termination of ithis Agreement..;! i} i',_.j 1i'J��G'1{� �i,; i;. i!.11s'1,, .;l"11)1,(1111 i UTILITIES licit l t, ift (:1'�%1 rs•Les-sows sha'lV bw)resoon aIble>for%land paY,')p'rIor; vtow the' I'd el'tnquencyWdete Prellocharges" forwut:41-itleal,supplled, to: ithe'i propert'y"und''st"r"uetu`rba9lor) Improvemontsi)thereow.of `j"" !9: (WMA1NTENANCE"OBLIGATIONS OF ILESSEEI N ►n;)l:)}� �'{15;."�.ay�� '��! il;)1'O it�l�if i.liCztry f3 ?lPl1��'3t�'t�J77 tie�A 1!3ilii�OfS Lessee agrees to maintain the property and at Improvements constructed thereon in good order and repair, and to keep said premises In a neat, clean, orderly, safe,,and sanitary i01I �"�u:'i r }�Ssrir l i `,rf.� r!'.i�'rw.�,Ii`�f���"�?!�� xa.�:yJTet;i <'rtry''Z'�;�7*s"•�i • • condition. This includes, but is not limited to, the prevention of accumulation of any refuse' ;or; -wastes materials which might constitute a fire hazard or a public or private nuisance. Failure of Lessec: to ,,proper Iy;,.mal,ntaIn and! ,repair, tho property and: Improvements: shalT,'constitute: a, materlal-broach; of,,the terms; of 'this Lease., ,.oi w ;1' > , =u ,_, t ,.f 11-. 10. DAMAO6 ITO. OR DESTRUCTION OF. ,IMPROyirML'N'PR.,, ; In Ahc,:event of: ldamage: to: for,-, donIruetIon—of:, r Lesse0s buildings,i�,facl1ltles, or —improvements loonted .on the property. lj,or.'; ; In ithel::r event ::,Lessee-eonstruc,ted .,.,fbuildings,.,.; facilities, or improvements located on the property are declared unsafe or unfit for use or occupancy by a publiotanti ty< with the authority to make and enforce such declaratlon, Lessee shall, wl.thlnr:90z days; ,commenae!)and:;det 1gient:ly ;pursuo)j.to,;,00mpletIon the repair,; rep lacemont,f or; ir.aconstruotIon,:,of I improVemon.ts,GneeeZ3ar,y,'j to perms t ful l use ,andcoccupancy,-.6f,-the, proper,tyi Jorj;tha,,:pu,rpose,sj,, required by this Lease. Repair, replacement, or reconstruction of Improvements withim,it_hef proper t,yta:shaai;j,boj,ja0compIIkhed In a manner end according to plans approved by Lessor. x k�ffft1lo Ifs fl l ,::4l Ill') r:l ;: 1a a,f ��`_).•t ;��� '.•; %'>fIY. �'�i 11r:j!,`� ts(1Fi 'fU�i�'�i !ti,�,';� :1: itCl''J'!'�71 i i�'f;!)11'11 F.(1fJ:! J } iF�)illif'f{%'IC�ill� �:,tf1f11!i." i117is �')i1i?.ti(I1`l�1:1+:+ .ilJl'ij'?- �jtlflll 31 6J{ (w)1 1)1t)i d�+�rjii _14 s ��ji {•tt.1h:c, '�f IFC�'«�t�+�A :&2^r�i.�s� �.-•Si'i�'.ii"eL'.�✓•SY"�S-.i%1.4;.F'Yi��•..•iTj�=[l�.'.YJ'F�:'Si•�:%'i%t��f��v`tMz.�YJ.kr trPrx"�'^r�'�lttUY���I.k'b�r'�3�.f.•t.�ti'S.�l..'�"t�1i�.iF-'fL r��bri��L4 r�j,�tr.. -.:, ir.,(:. S��-I 11. INSURANCE Liciseel;4hallil''maintaln! Jnsurance, acceptnble to Lei's6i'l"I'n full ford'e' and effect., throughout, the term of this J., e a's "'The "00 1 16Y or pd I I'c I ex of Insurance maintained by Lessee shall provide the following limits and coveragass., A'*�" 'Liability Insuraincot, Bodily Injury -property damage $1,000,D00 combl,nod single limit 10. Fire & Extended Coveru_e: Not less than 90% of the cost of replacement of all Insurable Improvements within the lo property. Water damage and debris cleanup provisions shall be Included, C. Insurance shall be In force the first day of 4.1 tlje term or,, ,, th1sLcase. ,, IVY furl It 1,, 11 ,,,1 U D. , Each Insurance policy required by this Lease 1i I j 1.4 0 f, shall contain the following three clauses: 1. "This Insurance shall not be cancelled, limited In scope of coverage or nonronewed until after 30 days' written notice has been given to the County of Orange, General Services Agency/Real Estate Division, P.O. Box '416d, Santa Ana, California 927021 and to the City of Newport Beach, c/o City Attorney's Office, 3300 Newport Blvd.•,.Newport Beach,,California 92663" V. . "I t ; is agreed that. any Insurance maintained by the County of Orange or the City of :Newport Beach will apply, In excess. of,_.and not. contribute with, insurance' provided by thI's policy.": 3. "The, County of Orange and the City of Newport Beach are added as additional Insureds at or from the property loosed from the County of Orange and the City of Newport Beach." + E. Lessor shall retain the right, at any time, to review the coverage, form, and amount of the Insurance required hereby. If, in the "opinion 'of"Lessor, the Insurance provisions in this Lease do not provide adequate protection for rti1 sY�f��Y','+ ti7.r't'1'. yCi}•.•!si�ii: lit; �+. Lessor, based upon loss experience and/or potential for loss, '1 Lessor may require Lessee to obtain additional Insurance In such amount as necessary. .1 r) ;-il � �: '?!•( 'r l' i `�! �,l� :?Y `r !) t i!. it t. 'J'1 ((,!': '{i; 11 P. Lessor shal1 notify Lessee, An writing, of changes in the Insurance requirements, ana if"Le. ssee does not` deposit copies of acceptable Insurance policies with Lessor, '+'�; 41'•,t 1'' I i`^' � �;I.i i;;l ". i (lr�`.7 � i' ! � tii(i 'r',rl1 J,'I S!' � i 4�' :j:I :i incorporating such changes within sixty days of receipt of such notice, Lessee shall be in default. i ;)i: till b,)Vi:ii-;�t1Y:!)t� IC 3 _;C:'S:?`/: 10 t:jrl'Y {:1 tS' YJ1it J �) + i1rY'J r ;t [1',t'.31t .' i+ri '17 : ,..., f! ='r 1 1 j �ti•, ' �' 1. �;i� +if, 'f �� i ) 1. t Cr'rA l J',::'i ;l+ J)J 1': !'.+f .. _ii`Y;. J'1 s{S1d1'l�.J :!? "� 11i!'U'•.} i1(; -i6- .�^�'r t'� .. ..r. ..l i.?.�. .�{Xr r-`W.4.'.•S^. .,+.n ...•7..r.L..a i.., ..y.S'�! F)�..5.1 9(�... .. � /,h.y�A.�•..I.i .i/L ^{.-•.ram• T iw ...1'�'.s.N Y4 Y+�I',;� ,r.srt. � .. }.?J• C.s The procuring iof such', requI rod r poi Icy, or- pol`iclea of insurance shall not' be 'construed, to '1lmlV,ijosseo's- liability hereunder nor to fulfill the Indemnification proVisions. and requirements of this Lease. Notwithstanding sold policy or polf'cles"of lnsuran'ce, Lesseel.shall be obligated for the full and totril smount'of <anyi"Aamaige, Injury or' loss 'caused by Lessee oor, its''Iagon't9, offIccra';11"employeest',or',, representatIve�,' cesutttng fcom'any�'act', 'or�'fallure',W.actIg"wtiether� Intentional ;•negligent' or otherwise, arising out of or ' in *any way' 'conrtiactoif'rit th * this Lease or with occupancy and use of the property by Lessee, Its officers,' agents'; employees,',,tsubtenanta-,`,'licensees, patrons or visa tors, except,, I tabu 1 ty'i ar IiIng�'out+ ofll the'''sole�'negIISende ov witfut misconduct of ',Lessor -Iit I 10 J W f 12. ASS IGNIN0;'''SUBLETTINGIAND ENCUMBEItIN0I-�PROIII81TED4'i�'- Lessee shall not mortgagplatlgahypothecate,* encumber, transfer, sublease or assign Its interest In this lease, , the,`Oroper•t'y,t "ort any9ithjct6W'1'odated', oni the property. Thc''Yeca'aon'$ for± th'c'�prohib"Itl-o'n's '`ap'e'cEffed'l,'In`, thls'll3e'ragrnph� Includo;' but ace'' not e'necessar11y1I'i'rnited`sto,,",tha toIIowlr�gs}`� A. The property consists of ttdeldnd61s'dbjodiJto'' n public trust for speelffed purposes, and may not be transferred r}. } [ :. 4 kii+if. `?%r!3'.-i•'3 f� i i ti r+ 5 rs.' S .1�-�- + or . conveyed tby ,;Lessors., The .assIgnment,,(or tranRfor of the Aqua tic--Zenter.'s.,-, Interest.,.. in,, this ;lease .;.could Violate,.the restriction or; transfer;.!„,! . 11, jul �i„i: ; - •13; ;,,Lessor.s power,,!to. enter ,Into: -;this Lease�.has been .granted:: by,,;.vote !.of t the people and, , , l lmi ted j to a non -prof i t corporat Ions, .Involved. In. promot•I ng,'rgwing. ,sports. i Any assignment or, I;WLease ior,,cnoumbrance:,ot the; propert.y,;eould bo Inconsistent with; the ;author l ty,,conveyod;,by ::the;,c1ector.ate;. C. �, Lessor,;given :the,,-purposas f,or,;whlch,.Lessee- was ,formed,,,•,andi.l;imltat ions, on,,•lts-;poweri,as,,specified , in ;its articles of incorporation, has greater assurance that, Les.see;will.. comply with the terms and conditions of this Lease and related approYaks,,r;than,,anyfiother entl.tyfor•torganiza.tlon.�;l/ j EMINENT DOMAIWI�,'.W, it (i I;n, the ©_v,ent.,#he-,whgle,�gr; pnrt, of..,,c,,property,or. Improvements,;i;s condemned byj;a P01 IctjQn.t l,ty ,In tha•j lawtul,,.ozer. else of:the„pawar yttemi•neat;domain;;thts-�Lease,;sha11, cea,se,,as{t.o the part condemned upon the date possession of that part is taken by, the,,publlef,entltyt 10 �, , i 7!f �.. it 1:7 � !ii; � +i (I '(Jsit� ia:�li � "1 •. �; (.191)tj (tg, { 1 � :3'-1 li'�} ', C.� � :i! � �.1 � 1 'll�. t -18-. It `a,..':`.+.5 part` 'I's-condemn6d and Ahe taking of that part does' not 'subitentl al I y,, fmps I r,,- the,; lCapacl,ty !oVithe irema fnder to be used for the tpurposos � requil red; In'k this; Lease,, Lessee `shall, continue to be bound by the terms, covenants and conditions of t h I's Lea ie'lit a the taking,%, I f 'only ap r t'' Is, 'condemned and, ,of, that part subs tant Ial ly IrVa I rw.1�,%the 'oapacl ty, of ;the , reM41nder- Ao,, be used for the purposes required In this Lease, Lessee shall have the election of: '(1) 'TermInat(ngAhIi Lease and,being absolved of ob.1 I ga t I ons �hereundei,., whi ch- (,,have,' not-,accruedi the da"te' 'posses Is taken, by');t he pub I I c!, ent'Uty-"orMe) 4 4 A (2)F,,"1rAnV(n'u'Ih91 i tol o-ccdpy;.,�the' I:remainder.' oU,!thv'j or 4e r t y'--Va n*d reina'l fil ng� bodfid s" oby-j (t he, -; t erms,, —covehanii and c6iid I t I onsjoV thl i Leasd. J Lessee shall I!v'ev(-, Wo C I ae` 14 v ( w r I t I ngm I o V h I s:! election hereunder, within 30 days of the date possession of the part Is taken by the public entity. 44' 0 0 Lessor. ., be 1 1,, . shn -entitled: to�jr.ecelve and shall recelveal compensation for ,the condemnation; of all or, Any porr tion of the.proper.ty.lby exerclse,ot.- eminent domain. Lessee shall be entitled to receive and sha 11, receive all compensation for the condemnation of all or any port Ion t-of that Improvementso constructed,,/by Lessen ion the tensed premises -.byii the exercise of eminent domain:,,,;;,;, 14. FACILITY MANAGEMENT PLAN The: purpose, o f Lessor,jor,!.en t,orj ng 11,n to Chia LOU30 is to,,.. promote-i,, thc-, devolopment.,,of marineTorlented facilities, programs,) and/,ser,v,lces,� all }Ao,;;saktls,fy, the needs of the general public. '.In furtherance of that purposA.jaq4,,to ensure that the operation of the facility Is In accordance with the Intent of the Oessor*!,,� Lessae,,;shaIl)jisubrnI,ttj&.) F&cII1,,tyjjMap4gement) Plan (FMP) to' theo%Wrector,-t1oU1,-. Parks j,11 Q,enchs, &,j,Recrea,tj9n for the City of Newpor t. Beach for j approva I j i jjhe f a; I I I 1cs,.,s4a I I be operated and administered In accordance with the approved FMP. The FMP shall, a t a ml n Imumi ;Include the,.jf.o1,low_Ing.; I ! Y t Or "") -� 1 f d 11 (1 " rl J .'Id fl'; -� vl. I ,s i ! .1 tq -20-- '(!) Thb programs;`'Jservlcesr and activi tics tc be ` offered ito'membere! o'f,:Ihe' general publ la by the" fscil'itY1..... (2) The nature of any membership program pursuant -'to' 'which" en'► dues S oc `foes ; 'are charged by (3)'`•Thc'°h6urs,oVdp'eratlon 'of "the facility; (4) The portions of the facility that arc avail- able for u'se..". '.'Uesso'rs;.rfor':•"the • conduct of public recreation programs, together with the rs" ``days a`nd! time"s th'at,'auch space'wlll be avail- aIPI-Itue 1t�j iri :lctJ315i`.Dt'�7 7C�, F'.t:d�,ity' 141 f•�il 11o11!'11:},::!�`,i "o ftj►Yr Sd4h" "their 'pc'ov't's losia `'aa'1t,W'Parkw, Beaches"k, :: ,,r,,;.f'°+" :�`l i'4a'ltecrea�lo'n"''Dl`r'ect`dei• �consl'ders�{�'necoe�a°rye stct ensure that the facility is operated and mdlntal'ried 1n aaca'rdanc'es`wit'h'Itho purpose of A "irt,fif l Agreem6nt, (6) The right of City to unilaterally modify. the "IP In the event of operation of the Aquatic -2E t " fi 5i i i !;r,. tyi� �t tit�X't, tsf.� '��• t } '�.t' St't,4; ttF ey«r tY ct t � � t. �{r^(L� '�77 �� .� ., .. .•.t a y.: .ts .t> , t'1f l_�d...,aC.2:'l?X'!'�c3.wa�,�.+!ti'.F+iY'+;Li Y:,.4`'f�`,R4V,yt`i�Y=T��11i, 7.4�W�T�,i Center.•ls,.Aneons,latent with ,.this lease, use rri , ';;,;,; ,, , Permit, No..„ 3104,, ;Coastal, , Dove IopmonI Permit No. ;and;other;applleablo 1nw, rule or regulation. :(7) , ,The toI lure ol,;Less ee,,,to,, prompt I aubmI t the FMP or the failure ot, Lessee to operate the facility In accordance with the FMP after -,,;•written_;,notIce;: of.,,;the .,violation shalt be considered a material breach of this lease. +\ ? :, • ;to• ,.,!(15.:,;! PERMITS: AND APPROVALS, "!ei ii±i: 'S•ill ;'t:j +�'�{:{:,,�?t"i(; {11)I:4i:7iJ!i•: .'oj jtii„r� s win ; I i..Lessco sh,al11 jbe r.eq!ajr;ed, to, obtaln any and all Permits, Licenses or approvals that may bejoqulred in connection with the construction, maintenance, or operation of the structures and;,, impr,ovemen.ts, F gpq,,the ,proper;ty,;.lnc,luding, but not I Iml ted,,,toor,appr,o,val,s,,p-pd P,eeml,ts«from,thertfaliowing ageneloat 11t}1.3 t:l'rl i.€,.r{a 'i7t1"r.{i1) lu r,:;�x<l•s��c� �►ctf(�)s i The,n„GI{t'Y•,c. Q� 1,Agwpa0f11 Beach (Planning Com lsston tndt„<„},^P11anr��ing & Building , Departments); •3rif �i�ll��rn •>;lflr7•>fi:t�1{u ��: .tfJi",) �u isl�i's ��1.:' {�1i ��T'J1 ;t TI'C 1t 'S��L� . wa. RCS t•JT? 1 '., ';i • t 5++ .. V ;:�r ., .. " a r-a;"'%, 1+, -; +:; +}!^4i•;'n'15 ta; r r{r i •.t �; #Z: .fu�1�, Aulirt< i �G ':,t`.is��;, r�1 1�:;rJ' 'til+i.; `.4,-1; �•44 +ti%�ii�hr> i 4 �L'7�''*�£i i' f County, of .,.Orange, AUoard, of Supervisors, Real Property. Service and,.!Harbor Dop.-.r,tmqnt);.., `(3) 'I.The California Department, of'• Flsh:& Game; i,(4),;-The California Coastal, Commission; (5) - The' Ca 1:1 rorn,l a Regional Water!tQuallty:Control , Boards; (6) The Army Corps of EngIneers;1-A.;i 1,1 (7) iThel United ted States,-, Depar.tment of Fish dt Idl I fe; Iromfs , ".jwIllit --i',; i I I:) J I w, -,'iloor Stdt'es ..Bureau, -of-, Spor ts-,Fisher,l ex.0 I ? 3 161 'UNLAWFULIUSE:e -,o foi!(4q,0 `dl J1.)Irly; 1t1 yjviqfirj Of Le s s e e-, ak r 6o s' othht)-fihoi -timprovemontii shallo '.4p) -�?,propertyi' rnor.y,any; erected, -.:,constrd6tadWor4,operated (bn,(;�the b u 5 th ei s', Von d u'b*t'e'd I �dnl t h e proper tyq I n , viola,t I op'l Of") j60) terms o.(, thll'i'f Leiise',"-' oil)(ofNI-iny -%regdtWfIb(Q order�p kawj)i xtatuig,, by.lAw,j char ter-'provi's Ion "or oOd I nance, of i any Governmonta Ll agency ,4a,v.ng: -23'-- jurisdfct:lonr' Lessee -further;agrecs: not;.to,,cons,true t, maintain, or' allowiiany' sign -`upon the-; propertyji - or > Improvements thereon, except as approved by Lessor, and further, such sign must be In compt lance 01thithe provt'slons of}iChapter 20.02,,of the Newport Beach Municipal Code. Lessee also agrees not to discriminate against any person'�or•'cl'ass :of persons (by reason' of sex, color, race, creed, national origin or age. Lessee shall make all of Its services; programs and,facllt.tlea.available to the public on fair and reasonable terms. 17. 1NDEMNIPICAT ION<< , Lessee : 'agrees:.: to Indemni fy.riand; hold harmless Lessor, its officers, agents, employeesiandireprosentativos, from and against any and all claims, demands, losses, legal and Invest'igat-lonr'expe4'sesiia or.p!.l IabILlty,-of ,any,;:k I nd tw nature which Lessor or its officers, agents and employees may sustaln or Incur' or which may be Imposed upon them or anyr,of,iAheml±for Injury to or death of parsons, or damage to property as a result of, arising out of,«or in iany.-manner relatodlito th4s,a,case, or,1wi th the occu- pancy 'and usejofu the property tor tgimp.rovements.itheropn,lby,Lessee,i or) i t'sli of fil cersin i agents, v i employees, •,s;sab,tenon.t�,+,;„t-I ceAeees,; pstrona 0 Ovisi tors,f, except, 1,labUH[ty,,,srIsingl(,outn of9,the.f a01e! negl,1genccof Lassori-or,) 1, Vs of f Ieoraj ragents, ,or ,Qmp,l,oy¢oa.�.,# -24i �r�,et;rM ��'— t —_ ( k}y i. Y'3 ��e ,.,d�4dfsSati±.'i'.4i�hn,�;�.f;�tr�s,.i'4:'�r.l..r 1R,°d�ij .nF.La�r F4 ����i: X1.a,�r,_.y'a.•��f.�i�.,.:�.�d,i�;yiTlrr�.:►�)a'.a4 I.°y�.S. �lr�.�r•n i; «�; ,1s �7�i•' 1S. TAXES AND ASSESSMENTS, ,Thl&Lease my,°createria:possessory, interest which Is subject to the payment of taxes levied on such interest. It Is -,-understood and agreed thatiall taxes and.;assessmer►ts, Inelud- Ingtbut .not iIlmi,ted;.to ,said possessorynintoreat tax, ,whj,ch.bccomc, due. and payable upon Aho,;proper ty, or-, ilmprovements ,. thereon ,or upon, fixtures, : equlpment or, other ,,property!;,Ins.talled or., constructed thereon !,shall be the , ,full, responsibi l l ty ; oft„Lessen,; and . t,assee shall cause_isald taxes,,andassessments'ito be,,paid promptly., •`�.1pp( 18.'r', i, !INSPECT1�N,t?(i P. I ', 11 ('� 1 •1'#�� 'lI; !!i �,,, � ,:',tlr, p.<t ] 1'�!il<'!'3:t !?t! ] :ft�:•3'k ,�, . ,Z 'f i.31�! f" � I r'ti r '!, ti 7, t ! I; : !s i ;j:t t ,,,O rr l-;,:Lesso,r�'.or:,,I,ts,:author,i,xed representative(;shhl!l,�hav,et,� the right at all reasonable) tImes n;to,°Jnspeet ithel rproperty,Ap-', determine If the provisions of this Lease are being complied' with. 711.1{.11J/1'1:1) dA.11`4PI I no I x ( 20 4 SUCCESSORS?- IN- INTEREST I �,r,,�i,) ! v it i, 1 i u) rio)1•sit,it ;k1( ln-iue,t> ,; i:riot2tvri9r0UnIcas:totharwIsa i prov,Ided7o'Iw,r,ithIs 11o4sa,;,s itha;t terms V i covenants nand ^eondltIons°)'.contained here;lin:rrsha1,11rapply�c;to,;1 and bind the heirs';i:isuecessor.si: r;exeoutors�,,.:;admjnlstratorsrI 4nd.w 28r: . `i, +3;. 1�iiw}.>�1 rc�t _ + ��Pt ., assigns of all the parties hereto, all of whom shall be jointly and severally liable hereunder.,'i 21 CIRCUMSTANCES WHICH'EXCUSE PERFORMANCE el therm party hereto 'shal l � be! delayed or. prevented"from .the performance, -of- any, act ,required;,hereunder jbyoi reason of raets'•of• God,,, rest r:lctive''GovernmentalAaws,'oriiregula-,,i, tions, or othar•cause without! fault+,and,,boyond tho,control,of:the:, party obllgatedAf1hanclal 'lnablllUrlezcopted); performance ;of::: such act ,ehall•'be excused lforc thel period ;of tie Idelay- and the: period for the performance of any such act shall be extended for a period equivalent to, the period of such+'del;ay.' ,'However, noth- Ing In this clause shall excuse Lessee from the prompt payment of anylvreritalir!or`�othec:charge 'requiredl.of:-L-esseei; except as may be exp'resslyziprovidbd elsewhe'resan this Lease:tww?-r f :,P. trt f r icif 22. PARTIAL INVALIDITY .d; it If any term, covvtiantJ- dofidivtlon".or provision of this Lease Is hold by a court of competent jurisdiction to be Invalid;11'vot`d orrtunenforceable;(l the.irema'I'nder•pofri'the provisions her`eofi''shal';Ilt, Oemain,,sin Ifulljltforce;,fand`ierfect)x►and JshallInz:no,s way,; bezaffcatod�ir!impairod, or.*,inval•Idated�lthereby:-r,I. nfit tirr.<i br,r; ,�4d�4.5� Y 23.. WAIYER,ON, BIGHTS , � •1,, � .. .., , , ,, The failure of Lessee or Lessor to Insist upon str let t per.formanae _ o? .any of, the i dorms; . covenants; or eondl t I ons of this Lease shall not be deemed a waiver of any right or remedy that Lessee or Lessee may have, and shall not be deemed a waiver of .tho'right , to ,require ;strict -performance : of., all of the terms, covenants, and conditions,,ot 'the.Lons© �theroaf,ter,:.nor, a waiver ;of any' remedy. for , the; subsequent breach or default :of any.,'term, covenant; or-condi t ion of ;the Lease. ., ;I ii;17 Ji"!. v_.. 7' .!t71 - 'i 'f !:'!•i1-. � :, , I-.i,-I .tt.!..,',l` 1! , 1 . 24. DEPAULT IN TERMS OF LEASE BY LESSEE Should Lessee default cvin�:thcV, rformance , of any material covenant, 'condition or agreement contained in this Lease,l andxsuoh default ris not::I eor.rectedi within; a,freasonablo time (asfdeterminod>.by Lo.ssor.)rafter;Lessee rcceiveslwritteniNotice-�of.,i Default ,from Lessor; ILessorkdmay:,.fl;t i f'a I I rl ri :11 'i i o S 1.O' 1 , E1 t i"s 2 i } 11:11 , i U '; J - t,+fzn ;:,iatill s(A) Terminated thIg; 1oaso.-All,•.,,rights,1of Lossoo-3t, and,fthose-r:whosic lalmr,undo r!ALessoe, stemming., fromi this L(tase ishall,}•: end'a,t'�.tha�r:t ime.fofl•�sueh;c,terrtrtnat Eon;i 'oc,a, •+:t: t�nct a-,rt � ; 'tr�tvf;c, �!<i:.:,, eft'{US7't(iJ ,;;:;•f�a 4.r+40 �.{i filIfV.vl!)riIlk) -27-�S $ .l, t .� .i�. ir?. +.j,,a1i �^+.a�7rir- ✓� •:3yS ry z�; 4fia., �v trRn. l , _ { . foal , l (0) At Lessor's sole option, cure any such default by performance of any act, reasonably,�.nocossary. to cure such default. t 15. COSH i-i OF.,,, SUSTA I MCP AN ACTION ' TOR — DREACH OR f DEFAULT , I n: t tho ,> ovont it e (they , Lessor � or,,•Lossoo ; commences , r legal act Ion� against•Abo! other,:eta lming, a breach-,, or :default ,of this Lease; the 'prevailing :party' In+such +lltlgatlon shall ;be entltled to recover from the other.' costs of ;sustainingi.such action, Including reasonable attorney's fees as may be determined by the Court. '01, i 28:,,r RESERVATIONS :TO :LESSOR 7o o j it,Ito f•1 proper'ty, jis':accepted ;as 1 ls3>'and imherenat,'by, ,s Los see;o if,aubjcoti o,to ,v-any)7 andlaxlst'ingJ gasements!jirand,:! encumbrances. Lessor reserves the:'tr.ight=ato.1Install ; rlayt, struct, maintain, repair and operate such sanitary sewers, drains; t lstorw i•twdter 'Bowecs;R1i; pipelines;' tnanholes and codnecttons ;;_t waterpeeoltjiands,gas pipelides I1,ntoIOphone (land !�tcic�+!{� graph power Ilnon and the appllancesirundi,.appurtedaneec ineeossaryw� or convenient In connection therewith In, over, upon, through, r 1 • s ( across'and'along' the, properly for. 'any,. part',thereot, 'And,,to; enter,. the prope`rly-for any 'and aI1 such purposes. Lessor also reserves the right'lo'grant'.frenehlsos,'-easemen te,3rUgh ts-of-way and por mi is I n',`=' over°, upon',1,1hrough; = across • and, along "any -and , at l por- tfons'- of" fhe� property. �,,,No',,rlght -, resorvod by=,Lessor+ lnAhls,> ciaua'elI'shalIt'be `eo exereIsod iasi,-to,-'Inter fore �tunreasonably i wl th ` Less'eo's l'oporat [one ,hereunder or, Jo Impil r • the , seaurl ty) Hof ,any secured creditor of Lessee. Lessor agrees Jhart, .right's granted 'to thltd parties by reason of this clause shall contain provisions that the sur- fface''of"the!'Aend`-shal1,1be>'rastorod as;>nearly'ras-practIcable to Its 'origlInel condltlon (,upon the,, completion=;of ; any, construction:,; Lessor fur ther)'`agrees";thatt,'ihould ,thol'exercise of Ahoso, rights - temporarily Interfere with the use of any or all of the property by Le'ssoo,`1 the'=rr'e'ntel'j, sh'nlT Ybe1`,redueed !� 101propor t ion_ to the Ihter'fer`a'nea v31 th, L6sse"e' allusec-of') the 1proper,ty:i ire s 1•, r:r, ,d:;r,:r+ se"; .1if11)1;fltflr�'w1 1t'1t1Y, 'tfli (i1�'1�!)'i °!f�i i'IY`t�J,a!E11i�t I�fi''r•.3 �f(;`1 3t. 27. WITCLAIM OF LESSEE'S INTEREST UPON TERMINATION no i(:sl I l o 's;, 1 I dill (1�2 a : i -,W ''J11 I V f ;j (':'.',qU 'Upon"ItermIna't'to0,IF, df Ahls91onse;''Ofar7,anydreasan , lnclu�t`ng"tint'''note%'l'tmit'edilto`;' terminatl`dn��beceuee'�of default+fbyz, L6asee'; t�oasoeI 'ex acGte doknowledg`of'and"de1Tv`0rAwtLe' asor T wt't'hln}�30"'doys'tefteir revel'pt''Hof'Dwelt`tan'tdemand;'thcrefor,Via"'goad -29=� sz^r at,v,a,F'k4k�a#nS.`.Il:e�k��k6�7Tc3c±kLrs3Ef4h'+L7`aft1�14�W'"Lfe�#W.-+4u"��ni '. • and tsufficient Deed,,, whereby, alI,, rlght,,,title, and Interest, at, Lessor .in the,, property ,is .quitclaimed to Lessor. 11hould,1easoo;; fall ,or. refuse °to del Ivor, the required,Deed;.to. Lessor, Lessor may;, prepare and :. record - a • Not Ice,_ reel t l ng ,, the; ;fa,l Iur,e o.f. Les.seo . to execute,; acknowledge and ;deI aver .,auch ;Deed, and ,:41d Not Icc.,shal1; t be, conclusive ,1,evidence',oV the�,,terminatIon -.of thls,.Loasa;,andr of... a l.1 .r igh t, of, lessee,° or Ahose ela lmi ng •,under ,.Leases An • and ,to, jhe ..� property. 28.: LESSOR! S -RIGHT TO RRRNTRR i :;.i,Lessee: ;agrees ito,, ytold.,, end:,,_peaocably, deliver, possess ton, ofz, the,, proper.ty,.to:;Leseoc on,,the -.date;,of terminatIon of r this Lease, whatsoever :thet,,reason.-t1or rsueh termination., f� t :, no -Icli,ess,ee,; i agrees, �,�,to,.,jyIeld4 ; and p.eaeeably .J deliver,�3 pbssession of the pr,oper,ty,,,toi;Lessor;;on�- the, datat;o(r termi,Aatt,oR+f of this Lease, whatsoever the reason for such termination. r1r,Tl«11'i+%�i�11�j � *Jfi�TT� 1�i�'t/lri•'+r � �•� tw�.'7�1::/,3�'��} Ir1 �`::..t�5.�.� �%1 _ Upon giving written notice of termination to Lease*,1 Les.sorjc.sha� I.j:;have�. the r,,cand take posses- sion jotj, the property•.,on f,the,,dola,,vuah;rtarmina,tllon,,,beaomes,f,of,(,aq , � t�ve,,wLthout�,further�,lgoticot;o,f,�,eny, ki,rtd,and v�ithout.,,tnstltutt.an � of:<.surrmacynlor,;,ire$ulAr,j)IogaI i p.rocaodl,ngs..,,; ;Tormin.atll,on;;;of;,;thel, 3� ,� , ..,>.; . , ,� ,r ! . � 5•iS't�....i J .. ,�, �,5... ti.1,�j.2i7�';.lo r*:e �.7y,iAv� .r`�},N'tNix kJc��'ys,.4 "ih''1� ��k iryY i�.�:7i �7 • > s F � r � �`�`. Lease and reentry of the property:by Lessor shall, In no way, alter or diminish any `oblI atfon of Lo'aee under the Lease terms, and shall not constitute an acceptance or surrender. Lessee waives any and all right of redemption under any existing or future law or statute`''In' 'the'even "'of evict ton from or dispossession of the property, for 'any' reaaoon`, ' or In the event Lessor reenters and takes possession of the, property In a lawful manner. { IN WITNESS WHEREOF, the parties hereto have executed this {around Lease, the day and year first -above written LESSEE I`"lti'�'if'• .'e'+i'�ry+.t�:, �!t'i'ft:''!i� NEWPORT AWATIC' CENTER]i ''INC;t By :t3c,a t � xR►r;ar;; Ie, s.7trritl +;lnj�c':f a;,t►st���t tA'tti.l J _, 1 �,..r.ly \-t ,. y �� n�,,f t i�i �t�,ti-�Frr�y,y r�..:,�F i.� L .�. '' _ :. t t..• rf ��,.t`:+ L ' !.' {. ' .. _;.1���r',r a,... :r'.< �1�+rl'itt.. t; ..e1a,'y +'r:Et�{��....'if.J1'ltri.4��N:.kY�;;"iij'�i''A3f'Nr�•z�+'��IT �:�•.li+�FJ#�+t�.�;r.q.�!'dLi'.. � 1 r•w.l�`�.rJiZ�'.Y�.'bmt�..t4�d'F �M t` Y.. �. ,LESSOR , COUHTY,OF ORANGE Philip L. Anthony Chairman Board of.Supervlsore s APPROVED AS, TO FORM County Counsel ; By: REC4,MMENAED FOR APPROVAL Environmental Management Agency 1 Bys General Services Agency Facititters,& Roaly„Properityl„ •jJWa'Iti•i;<,. Real Estate Division By: Rea1�-Property-- gent•..._..__�..._...._...-.._...._'�`s By: Manager ATTEST: June Atexander Clerk, Orange County Board of Supervisors 0 ro ...+; J r .�Y+ �4.,,}..� d .i ti F ,. T�, � r- � � r „ � , { S � t �= 4a �i y,�A J} I}�•'.' 7is"t � {� � �� .!'�'d i' .-r %::: ;P.'s f��.t'+�n-..atr1'..tJ..,V.'.?.0.9`l+�r.:F.tF..^i.,tT9 r-i:}"t�f.F.s'.?�. 711t;.r.�' rX r•.,f_ 'it�1R�GX'rf�w.t''i+P 'ti^JtWa'1�i.i a LESSOR - CITY'- OF,'. NEWPORT BEACH 11"At"M Td,'Ilvi'Ijl j Y iVJ APPROVED AS TO FORM A- Iffobert- H.% gurn hawi' 'City :.Att6inWJJ 1 4i,.`"A TJ 4 1 y 'i f I I Alff B57 1 art mill eI V ibtitj i Y.1r.) Tr-jsI n 41 i t I q ft 11T)' 1j "J, f" ".T I Wanda 'Regg I ci'' A A) 1 11 �)l I (Ail l)A 11 ti 0 r r) ',1 11 1 At 'I C1 tY C Ve r k I(I'l Ito J i,X m"I m., I rli 1 0 0 I I j 1:il 1 11 i 71. 111.10,11 I boll 11winitopow tk m 1.) ft LF d. ri I j j v i1J*j ou I t I v o it r,-,j ri 4, it -33- •(TUT 3c? ANA NU—RTH STAR B EACIi - 'JOINT POWER AGREEMENT PREL 1 M i NARYJ DRAFT THIS JOINT AGREEMENT, made and entered Into this day of , 1987, between the COUNTY OF ORANGE, a polTlical subdivision n of the State of California, hereinafter referred to as "COUNTY," and the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITYt" R E C I T A L S: 1. COUNTY and CITY are fee owners each of an undivided one-half interest in the certain Parcels 101/102 which comprise land commonly known as "North Star Beach," :, compri,sing approximately 16 acres of filled tidelands locatod in Upper Newport Beay, City of Newport [leach. 2. COUNTY holds in trust Parcel 101 under express condition of Legislative Tidelands Grant, Chapter ..526,;Statu,tes' of 1919, as amended, and COUNTY has granted to.C1TY;.one-,half Interest in said land by deed recorded March 19, 1978 for development of mutually beneficial public recreation facility. 3. All development and use of said property shall be subject to and In conformance with restrictions on use of the property, which restrictions are set forth in said Tidelands Grant, Chapter 526, Statutes of 1919, as amended, and the gcsntf Deed by which COUNTY granted to CITY an undivided one-half Interest in the property. 4. CITY and COUNTY have W approved, 1n concept, a" proposal submitted by Newport Beach Aquatic Center, a'. non-p.ro,f,I,t;; corporation, which calls for the construction, at no cost.;to,,C1TY•, or COUNTY, of an Aquatic Center on North Star Beach. 5. The construction of an Aquatic Center on North Star Beach mould constitute a significant benefit to both CITY and COUNTY In that the facility would be available for use by members of the general public to serve the needs of the large number of persons who own human -powered watercraft and provide additional facilities to serve the general public for activities such as public fishing access. r 6. City 'Council, of Newport Beach hAA ,submitted the Aquatic Center 'proposal to the voters of the Clty of Newport Beach, pursuant to the provisions of Section.;1402.of tho City Charter of the City of Newport Beach, and voters KAt6 approved said proposal on November 4, 1982. 7, Legislative bodies;. of .the CITY and COUNTY KAJ6 AAAHi6dl 14 - WWII 110114 0604W /lOW4 UAW AAA AA06 dMidilA6d ' bel Ieve that I a Jolnt.t�Powers Agreemeni, would be ,the most efflc eenntt means of supervising the development, construction, and operation of'the,facility. 8. On September 21, 1982, COUNTY's ,;Board of Supervisors authorized preparation by EMA of Joint Powers Agreement with CITY: to Implement proposed development of Aquatic Center. 9. CITY and COUNTY deem it to be to the mutual advantage of the parties hereto and In the publto Interest to treat the above -described tracts of land as a single parcel 6f6tldi M and designate theCit to administer the development and operation of proposed Aquat c Center on.North Star.ilench.AA6ii. 1AA1 IMAe v4111 AA#A 661t 6A6 6A111# 16 46A1 0110 64 All diAllotA fElA11Ag 1i6t6l61 PARTIES, THEREFORE, IN CONSIDERATION OF -MUTUAL INTERESTS TO ` PROVIDE PUBLIC AQUATIC RECREATION FACILITIES, AGREE AS l:OLLOWSi 1`.r ;All of, the .land -!described ,:herein shall, for purposes of'this agreement, bo+oonsidered as a singla,parcel. 2'.'r Legal' descriptIom 1for-Ahe land; doscribed herein as "North Star Beach" Is described on Exhibit "" and by reference ts'Incorpdrated,hereln�. i .3. CITY sha_i1 prepare,ahAj AAg611A16-a-long-term 6¢1164 lease of M'+a' Port Ion: of sa°id property,,:wlth;.a non -prof it corporation, f67 development and use as an aquatic recreation center. The dof16d lease, uMj once executed bX the corporation shal-I be' appr6Vcd' by' CITY! on, behalf .of. 'COUNTY, ]upon review and approvail `•by DI'rec for EMA, Ther uso-tof the s te, shall, be l iml tad to' the uses rapeel fIed` I n', Ahl s greement j' so, Perm t o:l , ?and b , the • ion r 1term round,' - lease: , Uses permitted .eha1.1, , be- ;on Iy. t hose deser ibed i n, Ci t o New or t • Beach Use. Parmi t-.'No.- '3104 and Coestel' Develo rnent Perm t�No.l �? plStbi6d iGA6 PO -2- 0 • 4. CITY shall review and approve schematic and final construction plans and specifications for construction -of proposed Aquatic Center, perform all Inspections, and Issue final certificates of occupancy. 5. All development, construction, operation,- and maintenance of Aquatic Center shall be at :no cost to CITY or COUNTY, provided that CITY star f._shall be .respop_AI a for administer Ing the operation of the fool IIt to insure It is boin used in conformance with this agreement. Use Permit No. 3104 and the IonK term lease. AAt e6410 t6g01t4d 61. 1014d 6090 16 67444MRrd1 Ise wooid 61 llild dwwAl Awl Kr; 66060 13J WTV 6. Use of Aquatic Center and all Its facilities shall be granted to all residents of COUNTY on an equal basisas residents of CITY. No person shall, on the grounds of race, color, creed, national origin,sex, or nny other constitutionally -impermissible criteria, be excluded frot participation In, be denied benefits of, or be subjected to discrimination under, any program or activity conducted by Aquatic Center or within facilities constructed on snid parcel of land. 7. CITY shall npprove the long term lease with non- profit corporation within six months o :,dato of approvalof this agreement. UAAA 6Md11 04#146 W 46f61d>S 16411 66rl,Elfd411601 W fA11 60AM166 61 Roddlld Wfit 011M1A 04ildlft 61 WA'A ley Jdbfl 6l 44.444116A 6l 16Add1 In the event Aquatic Center is not developed In accordance with specific terms and Intent of this agreement and within the,tlme period specified ln,this clause,; this agreement shall become null and void and cease to govern any actions of elther CiTY;or COUNTY :regnrding.sald:real property. R. CITY shall ensure that In conjunct Ion .,wltty. development, construction, and operation of Aquatic Center, pub ic, f ishIng 'access,,. 1..pubt I .,access ,to t restrooms, and public parking are available, during hours and days Aquatic Center, Is open'. i . 9. (j,CITY :shall,:- rior, to<<.n roval :of., [be. lease dt3�ri AW11 :61 "66r1A1►"dc�ll6d_ 6t,. requlra, MAN ,6t, i3drid of . 61M6t _1AW01A616;,46MV lid IA,, AA, bfiddtil 6t�dAl l6 'ddlloWd 16 EA660, 664161160 6I �td�6d6d '1A611l1�1 lessee !to �provlde: a -.le,tter, of- credit, In;.an amount,'equal. .to 1'10% of of, the estimated ,construction .cost,, th,ls to Insure compLoHon of '.the, proposed faai 1,1 ty.:. -3- 101 Id 1KA At661 M6166At/60116AOO tAIIA 16. 4"61410 WIWI dt 1AAA6A AKArt4644 604061166 61 1AAII11t di 61KAtOW IAl1A!,16 160011, YWA lAtdW 61, IAAAI Arid , 461Ad11 6UAM CITY AjtEAA 16 AAA&u 1d11 t4Ao6dmI1110 16t 661ho1A1166 Ad016t 616AtA116d 61 1A11111t1 ` gd15A64dw wiltdA116A Aridl6t 606tA116A 6f W1111V SdKAAbdAril A6 W46116d 014060 60Et WA 61 146111ft 464161 AAAttdd►Adl 6f 00116df1AAA6 AAA11 166 WWI 16 AOOt6tA1 Kt COVVITY1 III CITY AKAItI 16 106 A hAl OAMI116d dot IiAl IrS4WIft Arid Add AA 6 KA 016AA 001114TY1 11A 611I4AtAI WAWA Add 406016tA6A 106di Add AjAIAAI All AIANJI domdAl WAl 6t 114011111 61 : Ad ; XIAd , 61 wdtd v4014K oom"YI IIII 61114MI AgAl11Al 6t d6$16 AAA daft AdAIAIA 6t Id640 60 hAI06 OW 66 AWA6d 6064 Isiah di Adt d1 164d, 16t lAIM 16 61 46AIA 61 dAl Asj 6t 460496 16 0606tlt AA A t6Ad11 61l Uh A6911jigh6 61 t4/6Agfdl A61 60 "liWA Kt. OITYl 11A 61 IWAl AtiAtAl 00016tAA,tl 61 Idt11AAA 16 6AtftlAt W, 1%6 fildli 61 1111A AtHoch6d1 H 6WMIAJ 106 iltsfi W01A VAA1641 12. All land and Improvements shall remain the property of CITY and COUNTY jointly, and shall be retained, operated, and maintained by mutual consent of CITY and COUNTY for public park and recreation purposes in perpetuity, except that upon approval of CITY,, Improvements may be erected, modified, or eliminated If, In the opinion of CITY, such actions are In furtherance of said public recreational purposes. 13. COUNTY agrees that, until such time as a contract Is awarded for construction of the facility as specified In Paragraph_9 heroin, CITY may�permlt„land to be used for other:_: publ Ic recreational; purposes',. 14. Notices All notices. pursuant to this agreement shall be addressed as set forth below or as either party may hereafter designate by written notice and shall beJsont'+through i.the oU.S. •; Mail. COUNTY: CITY: County-',of,,Orsngo: Cl ty Manager r,. M. pSto'rm 01 rector,,.- Cl ty .ofl,Newport, Beach r Environmental Management 3300 Newport Boulevard Agency Newport Beach, CA 92603 ..4_. , . I , - IWWITHESS WHEREOF,` the:,parties , *hereto have caused this J614(Powers",, Ajrec'mdnt'i'Ao !be," execu ted,. I by :their respect i ve,,,-. ga�virningt:, bodies --on,,ifthe'. -ids tes set,' I ? %, forthopposite., their i A s I g n a t u r 6 a i0, CITY OF,,, N EMORT BEACH, Datedw-6 t Y 13y:1 Mnyor-j-.Ncwporteach APPROVED AS TO FORM: ATTEST% CI ty, `Attorney,, Newporl Beach City Clerk,,.Newport 8 e a—c-F— COIJ HUY OF ORANGE, Da t ed 1, 13y: Chn I man,, Board ofj Supervisors, County of., Orange ATTEST: RECOMMENDED! FOR-APPROVA16: .0 f,;i- firijon wfi 'fiv, W ay: 11 " V.) By'. *jI,r) M. Storm, Diroe tor,., ; ;,, Loda,(1).'ttlioserts) '4 Env I ronmento),�,Managcment Agency Clerk,f -Board;,ot, Supervisors 1-mlivu;iv, 011jrli. Lj,q APPROVED AS TO FORMS ADRIAN KUYPER, COUNTY COUNSEL DY= eputy .�.y i.✓n;a�.(.;.`�.L,�c.r.`1�717{,dr;!"�b�.-.Y'+�.�9;'t'�.�}2�u�?r�fir���+, rtXS�i�hk/��r3 L': ii'1 �1.�`.;F.l%��syay4��n ��w .1�{.d '`3�} L: L��C �,e, . �`Ay,ti ��prly� �JI�-y,�-y." f � 0 Study Session Agenda Item No. 6 MEMORANDUM 4y OFFICE OF THE CITY ATTORNEY January 20, 1987 TO: Honorable Mayor and Members of the City Council FROM: Robert It. Burnham, City Attorney RE: Aquatic Center Background: ( In November, 1982, the voters approved a Measure authorizing the City Council to lease a portion of North Star Beach to permit construction of a facility for human -powered watercraft and related activities (Aquatic Center). On January 10, 1985 the City Council approved a use permit authorizing the construction of the Aquatic Center, but limiting Its size to 18,000+/- square feet and imposing other conditions to protect nearby residents from undue noise and traffic. Subsequent to Council approval, the City and Aquatic Center, as co -applicants, sought Coastal Commission approval of the project. The Commission approved the project, but Imposed a number of conditions, Including one which required implementation of a beach Improvement plan. The co -applicants were given the choice of converting the dredge spoil to a sandy beach or constructing a public fishing dock, cleaning faciiitles, picnic tables and shaded viewing areas. Construction of the Improvements is required to commence four years after the Aquatic Center begins operation and must he complete within five years. The Aquatic Center has experienced some difficulty In raising the money necessary to complete construction of 40% of the project. They are proposing construction of the facility In three phases, the first to consist of approximately 9,000 square feet, Including a multi -purpose room and boat bays. The Coastal Permit expires in approximately 90 days, and the Aquatic Center r^r _:';. is •::� 1` •:•: a .... i a i>..i _.�i'C �, -, n+e .-; .r r �1.kf.F. T:i;..e�.f«>`.a.. !"r a �'� 4'/�•: ii e Honorable Mayor and Members of the City Council Page 2 January 20, 1987 intends to submit a proposed lease of the project rite to the Council for its approval on February 9th. However, there are certain issues that we believe should be presented to, snd discussed with, the City Council prior to its approval of the tease and prior to transmittal of a commitment to comply with conditions Imposed by the Coastal Commission. These Issues and staff's recommendations are as follows: 1. COASTAL COtvtlII SS ION REQUIREMENT FOR BEACH IMPROVEMENT PROGRAM: The Coastal Commission approval of the project Is subject to submittal, by the City and Aquatic Center, of a written agreement committing to the Implementation of a beach improvement program. As Indicated above, this means either the conversion of dredge spoil to sandy beach or the construction of certain improvements. This condition is the result of language In the LCP to the effect that it is "desirable that the site (North Star [leach) be Improved to provide a higher quality tbeach."• Residents In the area have generally been supportive of the Aquatic Center after imposition of conditions restricting its size and usage. The beach will never be able to compete with ocean and bay benches, but the requirement to improve the beach, which is linked to the Aquatic Center, could mean a few more people will come to the site. Moreover, some Dover Shores residents believe the beach improvement plan to be Inconsistent with provisions of the Recreation and Open Space Element which call for no development of the beach other than the Aquatic 6enter. Finally, the Aquatic Center will, in all probability, be operating with a tight bu%;get and may not have the funds to make the improvements when required to do so. Subject to Council approval, it is proposed that the Mayor and Chairman of the Aquatic Center Hoard of Directors send the letter attached to this Memo as Exhibit "A" as compliance with the Coastal Commission condition. This letter Is an effort to reserve the right of the City to request deletion of this condition If future events, such as an amendment to the LCP or Coastal staff advised the Commission the City had plans to make North Star a high -quality beach. Honorable Mayor anoo Members of the City Council Page 3 January 20, 1987 11 Increased tidal flows resulting from the Upper Ray sedimentation removal plan, make it Infeasible to comply with the conditions. 2. TERMS OF LEASE/POTENTIAL PROBLEMS IN FUNDING CONSTRUCTION AND OPERATION: This office has prepared a proposed Lease to be submitted to the City Council for approval on February 9, 1987. (See Exhibit "B.") The Lease attempts to address a number of problems, Including the following: A. Lack of Funding Prior to Construction: The lease Is structured so that It will not become effective until the Aquatic Center provides proof of the financial ability to proceed with construction of at ]cast Phase I of the project. Currently the requirement Is a cotter of credit Issued by an institution approved by the Finance Director In a sum equal to 110% of estimated cost of construction. To avoid any City Involvement In the construction process, this provision probably should be revised to Insure the letter of credit obligates the financial institution to complete construction within a given time. However, this type of letter of credit or completion bond may be difficult to obtain and the Council may have to accept lesser assurance or reject the p r 0 j 0 : t ; D. Prompt Completion of Phase 1: It is virtually Impossible to obtain and/or anforee absolute commitments to complete construction of a duilding. The terms of the lease require the Aquatic Center to complete construction of all phases of the facility within the time frames specified In the contractor's bid. Failure to do so constitutes a material breach which would entitle the City declare a default and terminate the lease. However, termination of the lease simply puts the City back in control of the site and does not resolve problems associated with a half -built structure; C. Operating Revenues: The Aquatic Center proponents believe there Is sufficient demand in the harbor to generate revenues adequate to pay the bills when the facility is in operation. However, this • • 01 Honorable Mayor and Members of the CIty Council Page 4 January 20, 1987 opinion is based upon experience of Aquatic Center board members familiar with the rowing activities In the Lower Clay And not on a feasibility study prepared by professionals. There is the possibility that demand for rowing facilities and boat storage has been overestimated and, In such event, the City may eventually be required to terminate the lease and take over the facility. Ron Whitley, P,B&R Director, believes the City can operate the facility at no cost assuming some flexibility In the type of recreational programs offered. 3. WAIVER OF FEES: Aquatic Center representatives have asked for a waiver of fees typically charged to developers. The project Is operated by a non-profit corporation and is not subject to property development tax. There Is no specific provision for waiver of fair share or plan check fees, but a waiver could be justified on the grounds that the City property Is involved. if the 'Council does not direct Staff to collect foes for this project, plans will be processed with fees waived. 4. CITY/COUNTY JOINT POWERS AGREEMENT: The County of Orange and City of Newport peach each own an undivided one-half Interest In North Star Beach. In the past, the County has expressed an interest In allowing the City to take the lead role in pressing the project. The County transmitted a preliminary draft of a Joint Powers Agreement (JPA) granting the City this responsibility. However, In my opinion, the proposed JPA imposed too much responsibility on the City. For example, the City was required to assume full responsibility for completion or operation of the facility to the event problems Qccurred during construction or operation. The City was also required to hold the County harmless from and against any loss or liability in carrying out the terms of the JPA. This office has made revisions to the preliminary draft of the JPA and a copy Is attached to this Memo as Exhibit "C." if the Council has no objection, the revised draft will be forwarded to appropriate County personnel for their review and comment. A 5ert it. Burnham ty Attorney ItlIB/ j a Attachments . � .. ..,�� ..4.r� ...l1 .. A �. ..- . r )•+��..�.. a �'.:.. ��. ,.h �.f. � ..n �:4 r ... �.. z ;f!�, k7 • January 20. 1987 Mr. Peter Douglas, Executive Director California Coastal Commission 601 Howard Street San Francisco, CA 94105 Res Newport Beach Aquatic Center Coastal Permit Application 5-84-786 Dear Mr. Douglass On , the California Coastal Commission approved the appl lea on of the City of Newport Beach and the Newport Aquatic Center for the construction of an 19,000+/- square foot building to be constructed on North Star Beach In the City of Newport Beach. The facility will serve as a training, staging and storage area for persons owning and using human -powered watercraft. There is currently no facility in Orange County that provides Instruction in kayaking, canoeing and rowing events, except at collegiate level. The Aquatic Center would serve as a base for training by world -class athletes and a facility to Introduce school age children to rowing sports. World class and Olympic athletes are on the Aquatic Cantor's Board of Directors and will be Involved In the day-to-day operation of the facility. The Coastal Commission approved certain conditions. The City Council of Board of Directors of the Aquatic Center sbbmit this written agreement in comp) conditions. In this regard, the Clty of Aquatic Center, Inc. agree as follows: the project subject to Newport Beach and the have authorized me to lance with these two Newport Beach and the 1. Prior to the end of the second year of operation of the Aquatic Center, applicants shall submit a plan to Improve a portion of North Star Beach by substituting sand for dredge spoil or constructing a public fishing dock with cleaning facilities and related amenities. The plan will also call for additional on -site parking to accommodate the public use of the area that Is likely to result from the Increased Improvement; 2. The applicants will commence implementation of the beach Improvement pion before expiration of the fourth year of �tf�Rt 0 • operation of the facility, and complete improvements bofore the end of the fifth year of operation. Prior to eomplotion of the improvements, applicants will provide additional on -site public parking deemed appropriate to meet the demand generated by the Improvements; 3. Boat launching facilities, pubile rostrooms and public parking will be available to the general public during the hours of operation subject to payment of reasonable fees. Indoor boat storage shall be available to members of the general public without requiring enrollment In any facility program, but again subject to the payment of reasonable fees. In compliance with other conditions of approval, I have enclosed revised plans showing a total of 8.1 on -site parking spaces and written certification from the Cnilfornin Department of Health that the public health of users of the facility will not bo threatened by water quality in Upper Newport Day. We are not proposing to construct a bulkhead at this time and have thus submitted no plans for your review. The facilities operation plan Is being prepared and will be submitted to you for approval prior to occupancy. r It is our understanding that compliance with the 1 conditions regarding the beach Improvement plan may be waived or deleted if the City's LCP is amended to preclude additional development on North Star Reach or Increased tidal flows resulting from the Upper Newport Day sedimentation removal program render these conditions infeasible. Pursuant to your request, I am submitting these compliance documents to Teresa Henry, staff planner in the Long Bench office, with the understanding that her approval of the documents will be sufficient. I Thank you for the time you and your staff have devoted to this project. Sincerely, JOHN C. COX, Mayor JCC/jc ec: Teresa Henry THE CITY OF NEWPORT BEACH AND NEWPORT AQUATIC CENTER, INC. GROUND LEASE THIS GROUND LEASE,.ointered Into thino� day of �� e 198 , by and between THE CITY OF NEWPORT 0EA , ("Lessor and NEOMT AQUATIC CENTER, INC., a Non-profit Public Benefit Corporation, organized and existing under and by virtue of the laws of the State of California (referred to as "Lessee")' Is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the partiess A. Lessor Is the owner, subject to a public trust, of approximately 12 acres of tidelands located In the City of Newport Beach and commonly known as North Star Beach. B. In November,.1982, the qualified electors of the City of Newport Beach approved ,a Measure which granted the City Council the authority to lease property on North Star Beach for the construction of facilities to promote sports Involving human - powered watercraft. C. The property which is the `subject of thla lease has been identified as that portion of North Star Beach best suited for. the. construction of facilities: to promote sports Involving human -powered watercraft. ; f D. On September 6, 1984, the Planning Corrmisslon ,of., the City of Newport Beach approved Lessee's application for a use permit (No. 3104, attached as.. Exhibit;,"C") authorizing the construction '. of.,.an 180228 , square foot,,struc,ture that; ,,would, provide fac h ities for human -powered' watercraft,- and ,their owners, Including boat storage, and multi -purpose• area and meeting room, a weight; training ...room, small:,of fIass., for the conduct and operation of facility, locker rooms, and such other facilities as may be incidental to sports Involving human -powered watercraft. In addition, permittee proposed -to construct a bulkhead along a portion of the beach frontage;'build low lying docks to serve,, only_ ,human -powered -cra(t,-;landscape the property, and,provide,-appropriate public parking,,, rep,tr.00m faclll,ttsis, ;and; access to, the beach., E. On February 14, 1085, the California Coastal CorrrnIssIan approved Lessee's application for a Coastal Development Permit authorizing the construction of the Aquatic 2. TERM The term of this Lease shall be twenty-five (25) .years;+ unless ,sooner terminated,as provided -herein. The term of the lease 'shall.' commence on the . fi'rst day -of the first full calendar month after each 'of the following conditions has been satisfied: „ A.: The Lease has been executed by Lessor and Lessee;i n. Lessee has applied for a building permit for the construct Ion -of at least 35% of the -'floor area permltted by Use Permit 'rNo. 3104 and for, construction, of. -:any 'and. all Improvements or facilities relating to the construction of phase I'(as defined An Paragraph.S.A.-and required. as conditions to Use Perml.t ;No..' 3104 and condition3 2-6 of Coastal Development Permit 5-84-786; ?1. C. Lessee has complied wlth all conditions to the approval of Use Permit No. 3104`'and Coastal Development Permit No. 5-84-786, including, but not limited to, permits from other pubLie agencies, and the soils,' hydrology and related studles; D. Lessee has submitted an, Agreement, -.signed by a general contractor licensed as such by the:State of California; committing! the 'contractor to? complete-at-'least..Phase!4-of`ilthe. project onloribefore March 1; 1988 ,!J I ;t:,! E. Lessor has?'.received a`<bond guaranteeing performance of the contract required by the provisions of subparagraph D. The bona guaranteeing .performance of the contract in a timely and workmanlike manner in the event contractor -:falls, or 'refuses to, 0pecform'In accordance with the contract. ' , i '?:�. t' -` r "115 '1' 1:, .. i it.. '' '!'• . tl l `lti' , � ., } ill! � :a .. •�� j .. .�, 111 feel:::!-;; ;11r11 ,rOh" Lessee' -must.'.' sotIafy-fieach' .of. the ,candltl-ons precedent,s;to,.>rthe 'bcommencement : of i !the; term':!of ! the .lease ,Vil'thin+ twelve, monthsl of-, thet date, of , exeeut Ions 11!t: 0:1, -ii: tier •ci t: c,. 0rlr; 11 '�I;'!ri 13`:1 :.USE RESTRICTIONVCONDITIONS; i; a `.',1'!: e(109 ! lk7S;. i:. .. ; 1,)1111 r.;t 1 Tnt,�: � nThis{S L'ease,:lal sub jeetn-eto the -condl t tonsil. covenants,l yd',�tr'lctIons and. 'clmi,t'ations!-of ,the; following:10.1 �.!.. EA'� :'!:i11 't"i, .°.!t.� ''�1 r' t1:l. ii:,a : Il :T !'i1 �T� t:.!Cl rl� t)it1�Fi !l1 ii,'•_ 1 !)i, U:1'4 c):�A: City;of Nawpo'r.tTBeach.UseaPermht No..3104rznt , .. /i ��j j !�'i7 :e i1 �r ., rl � .`.; 'i :' (;::?'e!� 11".'j %: '_t �t,id !�Y ,il t",f rl :•�ii1V C)r: J� ",tt .',�!.�: —3— - t' .i . ,? .. t^ ;b: � . �.. ,.. �'i •} � M �?w Sxt J'...;r1, t 14 t;4�{ ,S 1' ! -.0 JU .% `o 9.4, r'`, �•� S � THE CITY OF NEWPORT BEACH AND NEWPORT AQUATIC CENTER, INC. %$*, GROUND LEASE THIS GROUND LEASE, entered Into thisoZ day of Ad,+ ,1 196 ,.by and between THE CITY,OF�NEWPOR.T B , ("Leaser' and NEMMT AQUATIC . CENTER, INC., a. Non-profit Publto BenefIt Corporation, organized and existing under and by virtue of the laws of the State of California (referred to as "Lessee") is made with reference to the following facts, the materiality and existenee.of whl-.+ Is stipulated and agreed by the partless A. Lessor is the owner, subject to a public trust, of approximately, 12 acres of tidelands located In the City of Newport Bench and commonly known as North Star Beach. B. In November, 1982," the qualified electors of the City of Newport Bearh approved a,Measure which granted the City Council the authority to lease property on North Star Beach for the construction of facilities to promote -sports Involving human- powered.watercraft. C. The property which is the subject of, this lease. has been identified as that portion of North Star Beach best suited ,for the•, construct ton .of facil.' .es to promote sports involving human -powered watercraft. D. On September B, 1984, the Planning Conmisslon•,.of:; the City of Newport Beach approved Lessee's app:lcation for a use permi;t;, (Ho. 9144, attached as,,;ExhIbI t, ."C") authorizing the cons truct,ion,.; of,,, an!: II8,228,,,3quare foot -structure that; .would provide. facTiltIe'a for human -powered watercraft, and ,their.. owners, Including boat storage, and multi -purpose' area and meeting.. room, ; a . weIght tralnipg.,,,room, ,smal.l offices, for the conduct and'operation of facility, locker rooms, and such other facilities as may be incidental to sports Involving human -powered watercraft. 1n addition, permittee;.proposed.,,to construct a bulkhead along a portion of the beach frontage, build low lying docks ,to serve„only.,..human-powered, .craf t, •,landscape, the property, and.-,provl,de,,,appr,opriate,;publlc park ing,••. restroom.4facIIItlea, .And access ,to ,the beach. E. On February 14, 1985, the California Coastal Commission approved Lessee's application for a Coastal Development Permlt authorizing the construction of the Aquatic Center.. (See Coastal ,Development Permit No. 5-84-786-Exhibit "D.") F. The property Is subject 'to restrictions, Including, but not limited to, limitations specified In Chapter 415, Statutes of 1975 the Grant Deed from the County of Gunge to the City of Newport Beach and (conveying an undivided one-half Interest In the property) and the limitations commonly imposed on public tidelands. Lessor has determined that the proposed, Aquatic Center, and the uses to which It wlil be put, are.': consistent with the limitations and restrictions imposed on 'the' property;. G. The residents of Newport Beach and the County Iof Orange will�'derlve substantial benefit from the'construction`of the Aquatip Center l,n,thats 1'. Newport Harbor"has Ideal water conditions for the training and development•'of world-c)ass'rowert, canoers,�and kayakers, but no facility currently exists to accommodate these athletes and•there is currently no organized public program for these specific water sports outside collegl,ate programs.' 2. Construction of the, Aquatic Center' will provide a facility for world -class athletes, as,well'an encourage and provide for public participation in human -powered aquatic sports at ail levels of ability; ; 3. A portion of the Aquatic Center' wlll be available for use by members of �the`general, public• on 4' Idally' basis and also will be available for use by the 'Clty of Newport Beach: ;:;.. r., -H; .1`:The County' 'of 'Orange, puc'sua'nt to A" joint poviers' areement;` has -;gi'ven'; the Zf i ty' oNewport'. U ich='the ` ¢owes= t'o execute this lease'"on I°ts behalf: NOW', THEREFORE, the parties hereto, agree as• followsi I LASED PREMISES Lesson"hereby'1"ea'se's" I"to 'fhe's's'ee'', 'sub ject Ito terms of, 11thI`s'Agraemen•t't" the' 3'G94- aere"-paceel'-legelly'•.described on ExhILIt "A," and depleted on the map zttached'as 'Exh;Sit'"B"' (the "property"). I f7fli Ytl i ,... 'tt -2- 0 0 2. : TEP.M , The term of this Lease shIill be twenty-five (35) years, unless ,sooner .terminated ras provided.thereln. The term of the .' lease tshal l : commence,on the : f l'rs t day of the f i rst ', fui l calendars month after each of -Ahe following conditions has boon satlsfieds 'A. The Lease has been executed by Lessor and Lessee; A. Lessee has appiled for a building permit for the construction of..at least 35% of the floor area permitted by Use Permit :No. 3104,-and for.:•construction of any 'and ell improvements or facilities relating to the construction of phase l.(as defined'in Paragraph,5.A: and required as conditions to Use Perml.t !No.' 3104 and conditions 2-6 of Coastal Development Permit 5-84-788i C. Lessee has complied with all conditions to the approval of Use Permit No. 3104' and .Coastal Development Permit No. 5-84-786, Including, but not limited to, permits from other public agencies, and the soils, hydrology and related studtea;... D.: .Lessee has 'submitted an Agreement, signed by a general contractor licensed as such by the;State:of'California,i committing: the contractor to.'complete at least Phase14 of the. project :onlor)before March E. Lessor has,%:• received' ':a.,' :bond guaranteeing performance of the contract required by the provisions of subparagraph D. The bona guarantee ,I_ngm ; performance of the contract In a timely and workmanlike anner In the event contractor- falls or ;refuses -to t'perform- in -accordance with the contract. ik -,:,Lessee: must. 'satlsfy teach' of the conditions pr"aeedent.i.,to,jithe commencement 1 ofi Ithe term:Jof the .lease ,rrlthln twelve,- months! of', they date,.,of ;execution: 00 J .'i , !7;i; i'. } F..., ,•.r'f I I H i i,f,ll It(,l: +i1 .'r f tr i'. USE RESTRI CTI ONS ICOND I T I ONS '� , 'rG'1f,.tli)L� i.,+:, ,... ,i ..31) e•A�.. U�. ;. �7', )(;',ilitf+il '!':+.i ;t, ,: r .:;u- -,,,ThIs,,1 LeaseIs' sub j ec 0! to ,ia 11 of the,^conditions; A covenants'�c ra"a'tHet ions and ; lmitatlons, of,Fthe 'followings„_,-1 �',•ri. :1 :i.lJr'iA1f5 A.'. Ci ty: of Newport;•9each;�Us(i Permit No..3104; err-: �. ✓i ) 1i:, +`� ..�� - 1,., `>tj ),I'}) t�f 1.i�) (7' rG; I''),I ,i �.I t! IT'i! -3 .. 0 0 B, Coastal Commission Development Permlt No. 5- 84-786; C. The Grant; Deed from .the County of..Orange conveying . to the CI ty of :.Newport Beach -::an undivided one-half Interest ln:--the. property.,and, recorded March 13, 1978 ! In Book 12594, Page 990, Official Records of the County of Orange: 'D. The�provlslons.of any and all Statutes of the California Legislature granting any portion of the property -to ` the City of Newport Beach or County of Orange. E..,The' 'Joint Powers Agreement botwoen the City of.Newport Beach`.and County of Orange (attached as Exhlbit,"E.") P. -Lessee;-shall ,perm! t, and Provide for, ,public access, for ,•,activi'ties :permitted under the ' Tideland.,Grants, Including fishing, to the extent those activities do .-not interfere with the activities and programs conducted by Lessee. 4. CONSIDERATION The consideration for this Agreement shall be the construction of an aquatic canter by Lessee, at no cost :..to Lessor, the continued maintenance and operation of this facility for the term of the Lease at.no cost to Lessor, the commitment of Lessee ,to. utilize ; the;: facility as an aquatic center, for.,. the advancement of marine -oriented athletic and•recreatlonal programs and activities, and the right of -Lessor to utilize the,facil-ity. 5. CONSTRUCT1Ott BY_; LESSEE.' A. , Pro ectui .,:Lessee;;ahaIV,have the right, at; Lessee's -!sole :. cost and expense, to construct a facility consisting of no�.more than 18,228 square feet, inclusive of boat storage areas, weight tralningwrooms; men'.s,:and,_Iwomon's: locker -rooms, multi -purpose assembly room, foci l-i ty,.and public • restrooms,,rand othor; uses; ,al L: . as shown on the plans and speaf (lea tions submitted, by Lesseei Ao the City of Newport Beach and California Coastal Commission In conjunction with the approval'tofi.iUse',,.Permf;t'No. 3104 and Coastal Development Permit No. 5-84-786. -Lessee shall 'construct, at Lessea',st,sole.,cost . and t:expense,t at- least,.83 parking spaces, an access road,; land :other::lmprovement3„a3 are. shown -on sthm plans,tfor:•. Phase l attached to this lease as Exhibit "F." Lessee may also construct, . at 1Lessee'su3ole•,�cost-,'and expense, a,,.staging area, dock and bulkhead, to the extent permitted by Use Permit No. 3104, subject to whatever r over t r I c t I ons - may, : be Imposed by any agency having jurisdiction over such construction. B. Phasing/Phase is The project. may be:- icons t r uc ted in no more than three phases. Phase I shall conslatialf 8,107 square feet of building area, 64 parking spaces, staging area, ramp, dock and accesss road all -as, deser I bed In,,shown on, the plans and specifications Attached as Exhibit "F." Construction of subsequent., phases shall'. not commence until Lessor has, •with respect to each phasell,complied with the provisions of subparagraphs 2.C.- through 2.E.., C. Construction Schedulet, Construction of -phase I shall commence within ninety (90) days from the effective date of the hose and rhiill be diligently pursued to completion In accordance with the schedule submitted by lessee or lessee's contractor, and approved by the Building Director of the City of Newport Beach. The time for completion of any phase of construction may be extended in the event of strikes, acts of God, or •other events beyond the control of lessee, but shall not be extended due to financial problems. Fallure:to timely commence construction, or failure -to diligently pursue completion of any, phase shall ,.be, considered a material breach. D. Permits a " nd_Ap2'rovaIs: :Lessee ,, 1. : be .,,required,r to,,,,.obtal n,, prior to �q , commencing anyphas:.l o -cons t r uc t I on a I I- perml:t a i,-,l I I censos or:, approvals that may be: required In connection'with!ithat.,pa'rti'cular)�; phase, Including, but not limited to, approvals and Permits from the following agencies: -:11141)-,n'The Ci ty,,,of.- Newport i Beach; i! p I ? 9.3kq Th e. ;County to f !Oranges .: V, (.2 r,3he!i -,Cal If ornla:jl)epar tmeht w,ofi F Is hvd ii fit, 01 Game; t 3 f; w I'!'.. I A 1 o*d 1) 1 i 1; 0 J i ,.- �,4Y The, Ca 1.1 f orn.La,,Coas tA Ij;Comnl se I onp 1-D -.1fi J r. "I I I ly L.1 (I nfi i I A .1 1:1A) )!i. i ;:i " :i ; " �. ".1) " , aj!�rt-, I Son �en I i�(S) ;The,- CaLA,fornia cifilegional -. Wat, r 11Qual ty,)!Il Control Boards; (6) The Army Corps of Engineers; (7) The United States Department of fish do Wildlife; (8) The' United States 6uroau of Sports Fisheries. E. Completion Bond/Letter of Credlit In the event the contract performance bond provided pursuantto the provisions of paragraph 2.E. of this lease becomes invalid, or unenforceable, for any reason, Lessee shall provide Lessor with a substitute letter of, credit or completion bond within. five (5) days from the date on which Lessee becomes aware of the lnvalidity or unenforcoabiltty or the bond or letter of credit or, written notice from Lessor, whichever first occurs. Any substitute bond or letter of credit mast comply with the standards specified In paragraph 2.E.'of this lease. F. Prior Written Approval: No structure or improvement of any kind shall be 'erected or maintained on the property unless and untll plane, specifications, , and .proposed• location of the Structure or improvement -haver! been, approved,- In wrltIng, ;by 'Lessor . G. Notice of Non-Responsibilityt Lessor shall have the right, at any time, to post and, malntaln ;on the premises, and record,, as required by law, any; notice -or : not ices: of non-responsibi l I tyx provided •for•' the Mechanics! Lien' • laws, oV. the State of California: . •i➢, 'i I,. .. iri I .�: .. ifs. ,., .. H. Licensed Contractors: ,c- .-All .1work•'requlred- In'Ahe construction of any Phase of the Aquatic Center, Including site preparation, work, landscaping, uti l i ty.:•instal lat ions land �; similar work shall be performed only by competent contractors duly licensed as such under,,the laws of.,.the::State: of�Callfornla3andi�pursuant to written contract between the contractor and:Letsee. Unless otherwise specified by the Building Director and Public Works Director of the CI tyj:, of. ir,Newport, ,Beaeh,,:i;each•':, coatroot' with a general contractor shall provide that the final payment under the contract,, shal,l•'.be An;,an amount -equal ling 'at least 10% of the full -6- .. .. .. .... c c L , /� .�i-�'.. t .. �t t.` .•� , }f ,�, s�".�1 .3rr',�}. a �. r n �u�i, L-A • amount payable and ,shall not. be paid, to contractor .until the following, whichever last occursi (1) The expiration .of 35 days from the notice of recording by Lessee of a notice of completion of the building, .wlth, Lessee agreeing to record the notico promptly within the.tlme specified by;lawl or (2).',.The settlement and discharge of all Ileas of ,`record elalmed'by persons who 'supplled other labor or materials', for the eon:tructlon of the ,project. B. CONSTRUCTION/ALTERATION BY LESSEE (1) Lessor's Consents No structures, improvements, or facilities other than as provided In phase 1, shall be constructed or altered by Lessee without the prfor written consent of tho Building;Dl,rector of the City of Newport. Beach. Any conditions relating to the manner, method, design and construction of tho structures, Improvements or facilitles,Imposed by Lessor,shall.bo considered conditions of .this. Agreement. as though originally stated herein. In the event that any construction or alteration of facilities, structures or Improvements requires any discretionary approval of any.,Board o: Comssfon.of the City of Newport Beach, any conditions -imposed bnf y such Board or Corrmission relating to the ,manner, method, design -and construction of the structures, .imp;rovements or .facilitlea�ahQll a s'o,be condit.lons of 'this 'Lease. (2).;Strict•Compllancei, ~ A1I.,, Improvements :constructed, by ;Lessee on, tho.t� property, shall be constructed in strict,,compllance w)th .the. �plans. . and, spoci.f icat ions upproved,;.Iby; ,th,a,. Bul lding.,DI roc,tor .,of the CI ty of Newport Beach. (3) Mechanles Liens or Stop rNot Iaess ; 1.ossee,;sha11,.,.at,�all,r,tfines,,,,Indemnify and hold, Lassor ; .harm! eaa; i from any ;and,; .a 11 cit. 1 alma tor;.,4ilabor; �. o� 1; ; materials ln'' connec,t,[on ; wItli,,, t•he ;,conatru ilofi, ,repalF,,.,: alteration, or Instal I tion ^ of � the- `• 'itructures, Improvements, equlr:nent or fACII:;:;Ica son;, the property,{ ;and �f,rpjn; t�^;,cos ts of defending against such eleima;'Tlneluding-=ceasonablo attorney's lees., ,,,In,the,.,,event;i,anyi,lien,.,or,; stop, —notice .Is Imposed or recorded on -the •property as a resuItof •the' constructlon, repair, i alteration of the facility, installation of any equipment, Lessee shall, within 'thirty '(30) days from, the filing'of the lien 'or stop notices I. Record a val Id ' release of IIen or stop notice;: 11. ''bepos I t su'f f I cfent cash with' Lessor to cover the -amount of 1he'clalm or llen'or stop notice In question and authorize paymeht ' t,o the exteW o f sold depos i t to any'''pers,on or .'entity that obtains any judgment with respect' to '`in Id clafm or lien or stop. noticei"or I l l. Procure and' record' a pond In. accordance with the provisions of Section 3143 CCP, which frees the proporty from the claim of lien or stop' notice and from any Ott'on brought to foreclose the lien or stop•not let. Lessee's- failure to comply with the provisions of this. paragraph, shall be considered to be a material breach, and, this Lease ' shall be subject'to imnedlate termination', pursuant 'toAhe' provisions of Sacflon 23 �of this Lease. , 7 : MgHERSHI P `OF' IMPROVEMENTS: i All' 'buIIdIngs', "Improvements and" fad I1 files', exclu- ' Siva of "trade' f Iitures,1'cons tructed'`or placed'on"the 'property' by Lessee must, upon completton of construction or InstalletSon;``bel" free and clear of all liens, claims or liability for labor or material, and shall become property:�of Lessor:*'.an the County of Orange at the .expiration of this Lease, orearlier termination thereof: ;Lesfsor'retalns `the` right 'to'require Lessee, at Lessee's cost;.; `to' remove all ` improvements, ' place'd•'on"'We' pr'operty*''by'' ,' Lessee, 'at the`expUration, 6r''terml_nat1o6•"of'thi's L'ee6oil'subjec'Vtof�,� the provisions of paragraph 13 of this Lease. '�' i,, Lesseel ishaIi", be' `responstble'••'for' and pay, prior to the delinquency; d kc' ","all 'charges 'for ut 11 t t le's1'euppl i'ed `to' the"!' Zroperty'and''strue'turc's"cr improvements F. «');l+ci ,'!'J•.,'iC)�lii ��'!f'Iifi'.1U'!f', s!'; !!� �i�iiil'iJl.i�i`lI ?ti? 11U1/"ii:'1j�1; 9 ' MA`l NTENANCE 'o8L anION3', OF" LESSEE D, 1'. J, ..,,.v �,. �. ,. ■.,u, ti ,... F•, u.. 1?fll IF?, t¢i`Ibt-i!:.,'iI-I 'Lessee ' `agrees to''ma'f nita f n" then "Property `''end all''' _ ! il'1 i i,i;'J:, tJ111 t 3 { Rf '..�'. ,`. .ti '!, 7 ,'.>t�ti•1(j ;Jif . ;:`, -B- Improvements constructed thereon In good order and repair, and to keep said premises In a neat, clean, orderly, safe, and sanitary condition. This Includes, but is not limited to, the prevention of accumulation of any refuse or waste materials which might constitute a fire hazard or a public or private nulsaneo. Failure of Lessee :o properly maintain and repair the property and 'Improvements shall constitute a material breach of the torms of this Lease. 10. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS In the event of damage to or destruction of Lessee's buIIdIngs,,ftie ilitIes, or Improvements Iocrated on the property or In the event buildings, toe IILttes, or Ing>rovomen t s located on the property are doe Iared unsafe or unfIt-for use or occupancy by a public entity with the authority to make and enforce such declaration, Lessee shall, within 110 days, commence and dellgently pursue to completion the repair, replacement, or reconstruction of the structure or Improvements necessary to per- mit full use and occupancy of the property for the purposes required by this Lease. Repair, replacement, or reconstruction of Improvements within the property shall be accompllshod in a manner and according to plans approved by Lessor. 11. INSURANCE Lessee shall maintain Insurance, acceptable to Lessor; In full force and effect throughout the term of this Lease. The policy or policies of Insurance maintained by Lessee shall provide the following limits and coverages: A. Llabilit Insurances - 1�--,OtIO,AQ0 BodIly,InJury-property damage combined single' limi t,' which inaurance shot I be ' In force- ;on''the first day of the term of this Lease. ' '' ' 8. Fire & Extended Covers e: of less t an o t e �`aost, of replacement of,.atI insurableImprovements within the'p'roperty.: Water damage, and debe'ls'cleanup, provielona'shell be in`nluded'. co Insurance `eh4 1 be" In`'force the ,,fl'rst'.�day iof, the term of this Lease. "' ' D"!'�`B'a ch Ansurance pot icy tirequ[ red by this Lease,,. shall contain'`the followl'ng three cleusegs j 1. "This Insurance 'sha11 not be cancellod, -9- • limited. In .scope of coverage or• nonrenewed until after 30,days' ,written notice has been given to the City. Manager. of the City of Newport Beach, c/o City Attorney's Office, 3300 Newport Blvd., Newport Beach', Callfornia.92663" 2. "1t Is agreed that any Insurance maintained by the County of Orange or the Clty of Newport Beach will apply In excess of, and not contribute , with, , Insurance provided by this policy." 3. "The County . of Orange and the; City, of Newport. Beach ai'a added as additional Insureds with respect, to, all operations or no'tivltles. of the named Insured at or from the property," provided,, however, .-thIs-1 language• shall, not be required as'a'part of. any Insurance policy carried by a contractor 'for fire and extended coverage during construction of any phase. E. I Lessor 'shall retain the right, at any time, to review the coverage, form, and amount of the Insurance required hereby. if, In the opinion of Lessor, the Insurance provisions In this Lease do not provide -reasonably adequate protection for Lessor, based upon loss experience and/or the kind and extent of the risks which then exist, Lessor may require Lessee to obtain, addi t Tonal Insurance in ., such ; amo,unt as necessary. P. Lessor' shall, not I fy I.ea'see, Iny writing, of changes In the insurance requirements;:;and:A f Lessee does not deposit, copies.of ac,eeptable; Insurance ;•;polfeies with Lessor, incorporattng'.such`.changes:'wlthln,.thirty, daya;of, receipt of.such not Ice, Lessee shall be In' defaul,t..'., �• G. Any and all ;fire,,,extended coverage or other Insurance, proceeds .,.that.'; boeome, pajoble-- at'- zany time during the term of tbip�.,leas'e.'Veca'usc`of damage ,to,., or,, des true tIon, of, ; any i bul Wing or' Improvement ion' the, property„ shatl,',be,;pa�0.•to;Lessee._ and applied by Lessee'towards cost of repelring"and restoring the damage or, destroyed buildings or,,,, improvements as, provided In paragraph '10 'of Ahls' loa'se':" ,The;. pro eliring, of•suchd,,requIred policy or pol lcles . of Insurance: shal l,.,not,: be ,construed ': •to .1 ImI t, ,Lessee',s liability hereunder nor to`fulifll the in'demnifI,catfo,n provisions and requirements of� th13_,La4se. t,. 12 .. ASSIGNING. SUBLETTING AND F,NCUM13 ER I NG PROHIBITED r Lessee shall not mortgage, pledge, hypothecate, encumber, transfer, sublease or assign Its Interest In this lease, the property, or.any structure' located on the property. The reasons 'for 'the prohibitions' specified In this paragraph Include, -but are�not necessarily limited to, the following: A. The property consists of tidelands subject to a publfo trust for specified purposes, and may not be transferred or conveyed by LESSOR. The assignment or transfer of the -Aquatic Center's interest In this lease could violate the restriction or transfer. B. Lessor's power to enter into this Lease has been granted by vote of the people and the Joint Powers Agreement, (attached as Exhiblt "j"), and Lessor's power to lease the property Is -limited to non-profit corporations Involved In promoting sports Involving human -powered watercraft. Any assignment of the Lease or encumbrance of the property could be Inconsistent with the authority conveyed by the electorate; C. Lessor, given the purposes for which Lessee was formed, and limitations on its power as specified. In ,its articles of Incorporation, has greater assurance that Lessee�wi.lt comply .with'. the terms and condi t ions • of this tease and related approvals, � than any other entity 'o•r organization. 1`3. ",,EMINENT, DOMAIN . In-, the' event } the. whole or,,:part of :the, prapec�ty„`o'r,_ improvements; is ,condemned by' s, publ is 'entity' in' the' lawful., exern. else of 'the power• of- eminent domain', thI's'"Lease s•hal'i 'oees'e;:as; to. the part condemned upon the date' posse'sslVn of"that' Part' 'is taken` by the public entity. 1/f6 only a part :s eondemned"+$nd the tikIn`g' of `thi t' part does not substantially lmpal.r the capacity of the remainder to,:be- used,,for;,,the 'p'urposes;' requi'red''ln 'this 'Leas`e,..Lessee,.ahall, continue to be bound by, the''terms;' 'eovone'nts ''and"'conditions 'of this Lease. If only a part is condemned and the,ttaking of that par t:.substan t1aIly- impellrs`'tthe `capa'c•i`ty"'of' the 'remainder,: to -be, used i for'-. the purposes rbqu`ired I jthl`s' Lease -Les "sea'aha'll have ,the-,electiont'ofi' Fitt, i,._t litl{s {s`ir :rl,, .;,,r3. 1 „tS••., ,J. -I1- ,. . ';. r ( ..t ., .:e,•. � )�r; ..w.:d,tbr .: t•G l..s i;,�.. #,?. -'ti, .a?i;�=Shr,yrr, a.•4 .�.•1'1,�� ,�' 0 Pi (1) Terminating this Lease and being absolved of obligations, hereunder which -have not accrued at the date possession is taken by the public entity; or (2) Contl.nuIng.,to occupy the. remainder' of the ,property and -.remaining bounds :by the terms; ;covenants and, conditions of tbls Lease.. Lessee shall ,;give , notice In writing of his election hereunder', within 30,days' of the - date possesslon of. the part Is' taken, by. the public;entlty. Lessor shall be entitled to receive and shall receive all compensation for the condemnation of all 'or any por- t[on of the. property by exercise of eminent domain. Lessee, shall be.,ent[tled to receive and shall recalve all compensation for. Ahe condemnation of all! or. any portion of the Improvements constructed ,by' Lessee an the leased premises by. the exercise of eminent. domain.; 14. FACILITY N"AGa ENT PLAN The purpose. of,Les3or for entering into this Lease Is to promote .the development, of sports; involving human -powered watercraft, as'weII as, facIIItles,,programs.and services related thereto, all to'satisfy :the; needs , of, the general , public., -:.In furtherance of that purpose and to ensure that the operation of the facility is In accordance with-_ the Antent of the Lessor, Lessee shall submit a Facility Management Plan (FMP) to the Director .of Parks, Beaches &.11acreation-.,for•.the .City of Newport Beach, ` for.", approval ..,, .•.,The 'fuc l,l I t i es shall be. operated and' administor;ed in accordance, wl th. th'e,�appro,ved, FMP.• .,.The FMP 'shall,-. at a mI,njmum,'_ Include the, following; A. The progrems, services and activities to be offered to member4s4of, the,general public,,by the,. facility; .� ,;r .�.. .; 't li i i {,'-i'.i:ii '. S � �ti : . �., �, ,. ".`C:'v 5 :`.•r1 B;,The,.nature,,ofj,any, membersh,1p:program pursuant.{ to-whlct►'•any duos or,tees, are'ch$cged :by, Lessee; ./,,;,, Iii P� C. The hours of operation of the facility; e .:? )Pt 1. :.Ot) �•lij "4"J!'.1`^"riJ7lfl°r % f t.'f '. i l r - r, f �:;�< .stThe rpoctlona ,.of�t,the; fac,Cl [ ty that;, are avail-q able',' for cruse„ by, lessor , fnithe� conduct" of;,.publieo:recreatton u -programs;''' togei;her with the Jaya and •times that such nspace ,x111 be available; - 12-! J' . .i .,.. r.. i1 .1., t. ,,1 : �6,.i�tt .r.. ..,. .., �,:I:.r •... "°� 1� ��'���� ...,J .r_ '-7.5'�.L 1.. f ,�2! .,Iv Jrf�'"�'i' ., w�/l�-< - •f. 0 E. 'Such other provisions'as the Parka, Beaches be Recreation Director s considernecessary to ensurh that the facility' is operated and maintained in accordenco with the purpose of this Agreement. F. The 'right of City to modify the FMP In the' event of operation -of -the Aquatic Center is Ineonslotent with this lease, Use Permit'No'. 3144, Coastal Davelo•pment Permit No.- 5-84-786 and other applicable 'law, rule'or regula.tlon. Lessee' shall' sumbi t the proposed FMP to .Lessor within 120 days after the effective date of this lease. Lessee Is prohibited from using, or permitting others to use, the facility In any manner which is not authorized by, or Inconsistent with, the approved FMP. The failure of Lessee to comply with the provisions of this paragraph after written notice by Lessor shall be considered a material breach of this lease. 15. UNLAWFUL USE: Lessee agrees that no improvement shall be erected, constructed or operated on the property, nor any business conducted ''on the property in violation of the terms. of this Lease; or of any regulation, order, law, statute, bylaw, charter provision or ordinance of any Governmental agency having jurisdiction. Lessee shall not construct', maintain, or allow any sign upon the property, or Improvements thereon, except as approved by Lessor, and furthe'r,'such'sign must be In compliance. with the provisions of Chapter '20.02 of the 'Newport..'Beach Municipal Code. Lessee: shall not -discriminate against any person or class of persons by reason of sox, color, race, creed, national origin or age. Lessee..shall make atI.of Its, services, programs and facilities available' -to the public on fair and reasonable terms. 16. INDEMNIFICATION' 'Lesse'e`''• hereby' hereby-, •wa i ves 'and claims . and; recourse against Lessor, Including the ''rIght"of'contribution, for any loss or damage of,, o'r to., persons or,,,proper-ty In any way related to thCa agree�nenf._.eind:Las`see1e'.4atIvit1es''hereunder, except claims or liability arising from concurrent, active, or sole negligence*of Lessor,"dr"" Al is 'of fIceds' '.`agenis,,.amployees.,or, representativea:' ' Nelther� party shell ,request" a y; jur.a apportionment•"; �.._ r; 5' , > i 11• ,'i ,I t ,r'.r' ,f: IttiA'. S �; t , >f: � i r- ''t+• ., tl 'ffJ Lessee.'ageee•s `fo ' IndemnItfy 'and hoid' hermlass `sod ' 13'- 0 • defend Lessor, Its officers, agents, employees and representatives, from and against any :and all claims, demands, losses, damages, costs,. legal and Investigation expenses, or liability of any kind or nature which Lessor or Its officers, agents and employees may sustain or Incur or which may be Imposed upon them or any of them for Injury to or death of persons, or damage to property .as a.result of, arising out of, or In any manner related to this Leass, or with the occupancy and • use; of the property or Improvements thereon by Less4e, or any of Lessee's activities at or. from the ,property, or It% officers, agents, employees, subtenants, licensees, patrons or visitors, except liability arising out of the concurrent, active, or sole negligence, or wilful misconduct of Lessor or Its officers, agents, or employees. I?. TAXES AND ASSESSMENTS This Lease may create a.possessory Interest which Is subject to the payment of taxes levied on such Interest. it is .understood and agreed that all taxes and assessments, 1neIud- Ing but not limited to said possessory interest tax, which become due and payable upon the property or Improvements thereon or upon fixtures, equipment or other property installed or constructed thereon shall be the full responsibility of. Lessee, and Lessee shall, cause said taxes and assessments to be paid promptly. 18. INSPECTION Lessor or.. Its authorized representative shall. have the right at all reasonable times to inspect the property to dete'rmine if; Lessee' Is In compliance'withthe terms and conditions of this Lease,and Use Permit No. 3,104, 19; SUCCESSORS -IN -INTEREST. Unless otherwise provided in this Lease., the terms, covenants and conditions contained herein shall- apply to and bind the heirs, successors, executors', - administrators and assigns.,of . all, the parties hereto', all off whom shall be jointly and" severally • l i'able . hereunder. 20. C1RMIST.ANCES WHICH EXCUSE_ PERFORMANCE, ` It `elt'her' . party helreto -„ shall ba ,,;delayed or prevented from' the performance, ot. any ict,,.requl red-hareundar.,-by reason of aots'"of 'Clod',' restri'ctive' Governmental ►aws;,or'.jegula- ;tlons, or other cause without fault and beyond the control of the party obligated ,(financial -inability excepted), ,,performance of -14- 0 • such act shall be excused for the period of the delay and the period for the performance ot'any such act,shall be extended for a period equivalent to the period of such delay. 21. PARTIAL INVALIDITY If any term, covenant, condition',or pprovision''of this Lease is held ;by a, court of competent jurlad(ot"lon- to''be' Invalid, void' or unenforceable, the remainder of the provisl'ons hereof shall remain In full force and' effect and shall in :no way,, be affected,, impaired or�lnvalidated thereby. 22.' WAIVER OF RIGHTS The 'failure of Lessee or Lessor to Insist upon, strict performance of any -of the terms, covenants or 'conditions of"this Lease shall not be deemed a walvgr of any right or remedy that Lessee or Lessee may have; 1 and shall" not be deemed a Wver of the right to require strict performance of all of the terms', covenants and conditions of the Lease thereafter, nor a waiver of any remedy for the subsequent breach or default ot' any term, covenant or condition of the Lease. 23. DEFAULT IN TERMS OF LEASE BY LESSEE Should Lessee default i'n the performance of any. material -covenant., 'condFtIon or 'agr,e='tnt ^'contalnod In this, Lease,,and such default i's' not corrected within a ieasonable`tline, (as determined. by Lessor) after Lessee' recelves`written Notice of DetauIt;from Lessor,' Lessor'' may: (A) ;�Terminate•'thls' Lease A11 ''rights ,of.'Lessee and : those who --claim Im under °�.e'ssee',' s temnlnE' f rem' th l s' Lease Shill end at the time of such termination; or (B) At Leiser!-Is=,'-sole=_='option; -' sa'uro ''any such default by performance of any act, reasonably. necessary to cure such dofauIt." - f. 24: T't00STS ;OF'' SUSTAINING AN "ACTION `-"FOR`"'BRPACOR`' DEFAULT {,) i;,. i ! 1 i'l^.ri i e', ?'' � 1 L+f; f'.'; � i i i'ti :t1 � •; i r, 1�.,:i'a 'In' the' f'ei►ent's either 'Lessors''' or''L'osse`s, rMeaces r legal' 'act loh,'Iagal'natl°the'''othe:r; -claimings a":bread_,'or kdefacit "01'. thl'i'Leaae'l the'fpreve'1'1'ing�.�,pactp �in 44ch',Ift1gation sheill tie entl'tled to'rcecove Lrom�"the''"d,ther coats"'Of'°;;ausVaIr [ng`''such 'aett'on,'t lncluding"ceasonabie `attorn'ey.' �f) fees as may`'tie''de"termi'n±ea'= by"the Court,. ` rp; (�. 1 I" l ) (JCi (I!! :fill l• 7;.. ' �. i . t .I ".�i�r 1CCiii1U _r, �} .1 r ,7!,::If't'iilt, '11) ✓(;i•'}'%r: !11'. ..?l,,.:: _ i4i; iJ::.., iJf;i; . a.� -.. - .. .,i... . 7r: :. f ..2= i., ., ... .... ,. �.w..L,�_,a•, �L., 1,�.. .� r,,•t�'IN".;. n lYr' • 0 25. RESERVATIONS TO LESSOR The property Is accepted as is and where at by Lessee, subject to any and all existing easements and encumbrances. Lessor reserves the right to Install, lay, con- struct, malntaln,.�repair and .operate. such sanitary sewers, drains, storm water sewers, pipelines,.manholes and connections= water', oil and gas, pipelines;; telephone and telegraph` power lines and the appllances and appurtenances necessary or convenient In connection therewith in, over, upon, through,. across and along the property or any part thereof, and to enter the property for any and all such purposes. Lessor also reserves the right to grant franchises, easements, rights -of -may and per- mits In, over, upon, through, across and along any and all por- tions of the property. No right reserved by. Lessor In this clause shall:be so exercised as to lV erfere unreasonably with Lessee's operations hereunder or to Impair the security of any secured creditor of Lessee. 26. QUITCLAIbt OF LESSEE'S INTEREST UPON TF.ItldiNATION Upon termination of this Lease, Including but not limited to, termination because of .t defaulby Lessee, Lessee shall execute, acknowledge and deliver to Lessor, within 30 days after, receipt,.of-written demand therefor,. a good and sufficient Deed, whereby al1 right, title and Interest of Lessor in .the property is quitclaimed to Lessor. Should Lessee fall or:refuse to, deliver the required Deed to Lessor, Lessor may prapar•e.,and record a Notice, reciting the failure .of .Lessee to. -,execute,,,.. acknowledge and deliver such. Deed and said Notice shall be conclusive evidence: of the termination of, this Lease and of all right of- Lessee;, or._Jhose .claiming, under.,:Lessee., in .and,;to:1the property. LESSOR'S. RIGHT TO REENTER Lessee agrees to y I e I d and peaceably,!:deliver possession of the property to Lessor on the date of termination of, this .Lease, whatsoever the reason, for.,, such termination. Upon giving written notice of termination--A6 Lesseq,.,Lessor,...shall, have ..the right to;,reenter, and take posses- sion` ;af the proporty;,on: the date, such;, torminanlon, bscomes,.effec.-.: tfve'without .'fur,ther, notice' of- a'ny'„kind ,and,;wlthouk Institution,; of,' ;aurimary ;'or.;,;r,eg'ular ..legal ., proceedings. ; f 'Teemla4t[on off :Lo`asetand '.reentry,, 'at thee. property- by*;,Lesaor;, shall ,.,.,In no.,way',:.• • aft'e''r"de 'diml'n'Iih ariy obl�iga'tion of Lessee under the Leasa,_terms,•,,t and shall not constitute an acceptance or surrender. t , i t 4 28. NOTICES iJ All notices required by this lease shall be deemed to have been given when deposited In the United States mail, first class, postage prepaid, and addressed as follows:; i 1 , ; LESSOR! City Manager City of Newport Beach. 3300 Newport Boulevard 1 Newport Beach, CA 92563 c LESSEE ? t Newport Beach Aquatic.Centar i 200 ,Newport Center Drive" Sul te' 301 ; - Newpor. t Beach,' CA 92660 • ' IN WITNESS WHEREOF, the parties hereto have�'executed this Ground Lease, the,day'and year first above. wrIttan. LESSEE NMVPORT 'AQUAT I C CENTER, INC. t ? LESS ,f C 1 TY , OP RT BEACH c. APPROVED AS TO FORM i ' �• By 1 ., :. , ,.::..•, ..: Ober t �H: Burnham i ty Attorney s`r , 9 l / 1 # ATTEST 1 , t f i Wands Ragg o• t •,, � ti, Ci ty Clerk ..� �;.r►�.=c► �y� : 1 f —17-1 n 1 ri ►}, R,, .a N 'w co N N •• o `IA O 'Izj"4 Z O O I— J t UPPER ' NEWPORT BAY 40 , lg• 8: �ry g 57Q 00' gE. -psi h'1► S 400,.'42' 44" W w"r Z4�. 2.10.' • • 0lt le S 300• 28!.' 39" W g?3-54'..:. r. f140.46 N " AREA •3:987 ACRES '•' 4!' .,1iif111t+- Z N 81•.19' 46% W "rJ • ' IIQ�i ! 40' 14" W .135:000 ,: WLY LINE 0. R. 11688/1455 '.' i AT? ; 07' 18" W �333:97' 69•,,41' 00" W 125'.33+ . S� < • : 38,,; 2a" F1 38.33' Y 1. 852.-941 N 44 38 20 E 4.3, BASIS OF BEARINGS '. PLAN PREPARED Z0 ILLUSTRATE LEGAL DZWRIPTION ' OP LEASE AREA YOtt - NEWPORT . AQUATIC CZMTZR _'AT NORTH STAR BEACH CITY OF NEWPORT r BEACH:. COUNTY IIp4ORAtICL, CAI4iPORN2A:' 'r`i(t r � EXHIBIT A OOUG O. STEti 4.3. 4098 GATE CHK.:{gc• V. Im b► - Cn t .. •�� r . - . r ..:.... . �` !'vRrp�rY-MIfsM}I Y..... ."s+bZ'L.� r Yewln'�.�.X1•�•^� Rf::t�tiarr. s•N. � q . - - ,... -. - . ...�+., ., r_ �: ... ...+-., a r .s.....:i i-:a.:+✓ 5G"..:n'�:�..�:(7set`.r ,L+a.aivsr_x.ur_�an.t.�'r��a. wr'::r ......3 � a.._ •t I i+ rS � �� • �� mod• f _ , ! j r t i � t � � � i i• i � �' �4 ` is � [ • + � , IL - _ _ .. r. • r a t I t I : 3 r,A of • COMIWSS septenber 6, 1994 EXHIBIT NO. �►� x City of Newport Beach 01reA • �. . � Ekrr ,! RDA L CAIl -� `a" a"' [7 ■ of the City, and further that the proposed project in terms of use, height, building floor &sea and setbacks is. consistent vith the legislative intent ' • of Title 20 of the municipal Code. 3. Adequate off-stsest parking and related vehicular circulation are being provided in conjunction with the proposed development. <. The development will •provide for both publle physical and visual access to the bay. S. That the'beight'af the struetirm is consistent with the proposed use and will r%a:,, adversely affect any public vier. ; 6. That the project is generally consistent with the ballot awasure ,approved by the eles+-oss' in Jue, 1992 allowing the lease of North Star beach for an Aquatic Center. 7. ''ghat the design of the subdivision or the propose.! iaprove=nts will, not conflict with arsy easerr�•ts acquired by the public At large, for access through ,or use of property vitnin,the proposed subdivi- $ion. �. 'eat the size and use of the Aquatic Center as approved'by this Use Permit, represents the ` extant of the authority granted to the City pursuant to the approval of Proposition 0 in 1ft2. CO2t0� STIMS 1. That development` shall be' in substantial confor- mance with the 'Approved plot plan, floor plan, and • elevations,except as noted below. 4 2. •lhat all- improvecents be constructed as required l by'Ordinance and the public works Deportment. 3. That.i standard use permit agr*en-sitt and accocapa- ny1nq'-surety be', provided if it is desired to obtain a building permit prior to complation of the public improve=ntx. t. That '�.the on -site parking; vehicular circulation i and pedestrian circulation systems 1s4 subjee•c toi further raviw by the Traffic Engineer. xo EXHIBIT, C COMM5SCO.<R5 Uptemibtr 6, 1984 C., City of. Newport Beach 1. Wk�-g E 5 KCALCAU1 111 1111 1 J INOEX S. That the desL4n of the privats'dxLves cc Aforls wi 1,% the City. a Pr$vate Street policy (L-4) An approved by the Public voi-k.s. DePArtzOnt. Thelocation,. width,' on'fjq%jrstion, and concept of the private; drive system shall be subject to further review and 4PPrcv&l by the City Traffic tnqLneer. 6 That the inte6sctlan of the public str get and Proposed drive be designed to provide' Night dis tan I ce. for a speed of 23 wiles per !ho=. Slopes, landse3ping, wells and other obstructions shall be considered in the sight distance require-, Monts. Landscaping within,the sight distahcs line.` shall, not exceed twenty-four (24) inchlit, in height. The sight distance requira=ents may bQ approximately codified at non -critical locations,' subject to 0 aPPkOval of the Traffic Engineer. 7. Handicap parking shall be provided to 01tet and shall be marked In a manner acceptable to the' raffic Engineer. 8. That a bydrcloW and hydrauli' C study be prepared' I and approved by the.publiF works Depart-ment,' 410P9:1 m with A,4stWplan of watierr, sewer and s'tor:i drain faciliiLes` for -the on -site ir.-ptcvarAnts prior to' issuance of any grading or building permits'. i An*, modifications drain;I or extensions to the existing, I . stor=� and &ever' systams- shown . to' be, requi:ad sha.1, be . the -'14 y 'i sponsibLliv o 0 develci4r. 9., That 'a lejal'ddscr!Pt1On of the, subject !Pi 02-MMY be prepared and approved by the Plannin4 Depart-', 0411t, Building Depar--dnt anti Public wo . - I j' , L, ' ' — ' j t)apgr- zk ."nt pr or to issuance "of any' grading ng radi or'bJildin4 rMit. Pe 10 That all S'i&12' be in conf*�Ma'nce with the provision of Chapter 20.06 of chi rt Basch' Muni64il'CiWe.!�4nd- shill :be approved by thin C. ty T Eniind'e, locstid 'adjac� r 'if' 4nt to the vehicular, grGSSL and : " , $ *gross A 'landscape Plan fjr th shall be prepared by a licensed 14ndscA pe 'A L, t&c'''Tha -IAndscapq 'Int#4 � and phase the installation of landsc&pLnj vLih, the proposed construction schedule. Ps�iorl ita if P/ . I / M _ COMMSS50`SR5 of City September 6. 1984 ' MINUTES, ' of Newport , Beach. ROLL CALL occupancy► a: licensed landscape architect ,shad • certify • to . the . planning nepar•tvant ,that ;the landscaping has been installed in accordance with the approved plan. _ 12. Tha.landscape plan shall be subject to the review i of 'the Public Works Department,"the Parks, Beaches and Re creation. Departzxnt, and the approval of the Planniay Department. •� ' 13. The landscape plan shall 'include a saintenanca i t11/ , prograa..yhicb controls thi. uss of fort•ilizets j arid { ? pesticides. 14. The landscape plan shall place heavy emphasis on% the use of, drought- resistant native vagetation,'. ' and be .irrigated with a, system designed to avoid: surface runoff and overwaterinq. 15._,That,'a minimuxa of 63,parking spaces be provided i or the proposed developrent..These parking spaces hall be secured by . a 'chain', or gets: at : the, entrance on North.Star,Lana in accordance with the. operating: hours .of the J{tic Center. ..16. That 'all a4loyeas shall; • park their vehicles; f I ; f ✓ � 17.~ If 'a,parkinq area for, the storage of boa« ,r.•ailess; ia.piovided, this•p�rkinq„st'ii�ll be in addition to the 63 parking spaces req_ uired; •by the project! 18.. That ,tha-maximum height of the building ;not ,axcsad. • , ..... 20 ,feet.,- 19: , 'that thespecific' uss 'and function of t. a !iicilityI f be subject to further review ..and approval 'at the City as part of the ground•lease and 'requited '• Facilities Managesnant,Plan. 1 ! r! '0. The hours of, operstian will limited { to 6106 •be A.ti..., to ,10:00". p.m.',. daily, and that po outdoor, • • progrimi, :will f be.. offarad : after`, the hour of ST:'00' j P.M. Only 'advanced' training activitiesI are j permitted between 6:00 a.m. and 7:00 a.m.! 'new bost,' fabrication will Jan=Rite., ;� a ;y21.� tThat no occur j l •�. ° r. ,: 'ra a :. r'.. .: . , ,� 1 � j , � t. 12 3 Se terser 6 1984 • . _ . Mi.`aliES a = a s • : . ; 2 City d Newport Beach 77L CALL ( 4 ► iwp� 22. Trailering.of boats to or fras the sits hail occur only between the hams of 9too a.a.iand! 4100'` / V 23. No overnight: accations will be ; proviM • on-site,'othar than the coordinator apartment. 24. The on site coordinator staff shall - be subject tp the.approval -of the Parka, Beacham and RaareatiOa Departiant., A marr)sr of the on -site coordinator `shall 'prettises staff be on the at all tiiaee. • The coordinator"shall have'the authority to' restrict use of'the facility to individuals with motor ` vehicles which axe in coatorsanca ' with' the Motor ' Vchicle Code. + 25. The weight training facilities will be nsed:by aquatic program participants, and will not be . available for independent weight training pro�. grans. . f 26. '6utdoor, boat storage shell be limited to seasonal* storage of outrigger canoes. 27. Parking! lot lighting sh>17, be designed in' such a . manner as to conceal the ' light source ;arid ; to minimize, light spillage and glare to the sdjacant residential uses: The plans shall be prepared by ' a' liceaied ilec=rical, tng•ine�rj 'with a letter from the Litgineer' stating that, in his opi 10nl this ' rerviresent has been met. 28. That ths'parking lot shall be secured by gates a's *Plan; shoxn `on the approved site The gates !shall be locked no later. than 10:30 p.m. 29. The parking lot lighting shall -be turned Doff ! no later than '1Os30 " p.a. on'' any day, apd' tinting devices shall be installed and "iniairied to ' ensure that the•1 ightsare turned of'at 10i30 p.m.s ' 4systma '. 7 30. No outdoor public address h 11 bt ; • parisitied• y Restroo= shall be made available to rrac6 sl of r the 'general `public during the' center's hours of ..... ' operation:" 1 5 ., } E 13 3 VW116 COMMs55K>�ER5 r x City Of ROLL CAU I r _�Septes r 6, 1994, O i' Newport. Beath 32.' Shia use permit shall expire unless •sx4xti"4 within 36 sionths,from the.dati"af approval.. 33. Construction of the project may be phased. to Iona as no part of the facility is constructed prior to the boat storage facility.. 34. That ,the Planninq Caanissioe may add/or modify conditions of approval to this_ use.pernit, or recommend to the City ' Counctl • the ravo¢ation. of this , ase'. peraLt, upon, a -determination that the operation. which is tha.subject of this use ptrmLt causes.Injury, or. in detrimental' to the health, safety, peace, corals, comfort, or general velure • of the cownnity.. 35. Construction of the bulkhead is subject to ap- proval of a Harbor Permit, and is also subject to the approval of the County* of - Orange, Harbor, - '- Beaches and Packs Department. 36. 'That_an engineering study be prepared to deter -mine• the appropriate desi4n _for the bay frontage. Bulkheads, rack revatments, or other facilities recommended i by , the 'studyij hall be constructed' to adequstelly protect the one to improvements.. Hovport Aquatic Centar. shall agree to eonkstrsc . aiaintain,'and repair -the 're The city or other ,public, agencies shall' have :no responsibility- to provide .repaiis to facilities flooded or damaged by erosion iron the bay and adjacent, drainage course, or to otherwise 'protece � the _improvenents constructed on the site. 37. The project shall comply with the Uniform Building i Coda and all local. Amend=snts, and the; Cicy•s i seismic_,design,standardi... f 38.. The . p.xoject shall _ comply.' uith the Stat• regu- lations,for the handicapped. 39. Construction shall zeet tha',requirements of Title 19 and 24 of the C.A.C. 4 r dd. Accass`to the service, road circling the trratic ex'shall be' controlled,'by, .the means of a gate s or other *.@&turns to prevent use by the gatseral i public. ! i1� # Ct�htih'�sS5K�R5) n n � y y 3City of I ROLL CALL ; 1 l i 7 i f iI ry r September 6, 1984 MIvUTE$ wport Beach INDEX 41. .Prior•'to_ the issuaaee. of Building Permits, National, Pollutant Discharge tlimination (1=ZZj; j Permit • shall • be obtained from the Banta Ana Regional . Watas Quality, Control Board 'if , any ; dischaxgss to the Day are . anticipated . either i during Construction or subsequent operation of the .facility. 42. Prior to issuance of Building Permits, an krtrj Corps at, 4940ars Pasant shall be obtained to Allow Construction. of the proposed -bulMe&d and docking facilities. 42. Residents ..should be provided with • a point "of contact with the Newport Aquatic canter Manage - scant, to .handle complaints of noisy vehicle's 'in the, parking lot•or on local streets. 44. All riechanical equipment and txash areas shall'be screened from public streets, -alloys, or.adjoiknq p}Foparties. 45. Exterior lighting shall be approved by the Plan- ' ning'Dep rtment. 46_ Devolopment, of the... site ruiy, , be 'subject 'to a } grading permit to be approved by,,the Building and Planning Department. i 47. 11 gr+►AIng. -plan, will .,includ i a tamplat* plan Ior , ,tam ra f_and rmaneat drama a aci po rY Pe q ..t lities to ssiniasisa any potential. impacts from silt dabzis, and other ester pollutants. { 48.,. The grading, permit, will include -a. description at haul rcutas,. access, points,.,to. �the si a mad ; I watering. and sweeping programs designed to 'mini- r •4dze_impact3 of grading and'haul operations 49. An erosion, `siltation, and 4-Lit cor)trol plan ;shall ; be submitted and be sub jet to approval 3 by 'tha i 4 Building Dayartment and a- copy will, be, forwarded j r to, 04 California Aegicnal. whtor. Quality ;CDntW;. ,.,Board, .S►anta Ana Region. E ` j` ,.50.. Grading shall be conducted ,in accordance with f I r, plans,.prepared by,,aICivil angineer and based an racera+endatIons, ,of;::& -soils Anginear and in0engi- neering geologist subsequent to 'coapleti6n of )a� . X Septerber 6, 1964 • CQMAASSKY`-TZ MNUTES jr J ity of•NewportBeach IXXX comprehensive soils and qeolcqic investigation of the site'. PerNment reproduction copies of the *Approved as'EaLlt' grading plans an standard-ILm sheets shall be furnished, to the Building 04=- Mont. 51. The rare Department shall review de;Lqn plans to ensure adisquati access and emergency exists. 52. The provision' of :adequate' fir* flow shall be reviewed by the.flxv Department. 53. Structures shall be equipped with fire suppreision systems as required by Cc4i. S4. final desLqn'of the project shall provide for the inccirporation * of water -saving devices for lavatories and other water -using facilities. 55. All onsiti'driinage shall be approved by the City Fublic Works Department. -'56. A weekly cleanup program around the project site shall be t, c?nducte4-. an al jreqular basis. .During construction. 'basins ar%ther devices shall be 'insiAlled t.6,prevent waste from entering Newport $7. Prior .to the issuance of,,building permits, a. 1 cn rehensi4e'•soils' and :fouindation'- nudy will` be prepared -and- approved by,tha; Planning and NuUding I Depal. nti:'0f City of Newport Beach. SO. Should any archaeological resources be uncovered "ation/construction diring'' -excav a. qualified hr6haeol6wgisi o'r"p'alecntol6iqiit shall evaluate ,the site pr i, orto 602;)lUtic'n'. df::CoAst_-.1ction' Act1.4- I s., and'all- work' on the site 'shall be 'done in accordance with the City Council Policies Viand 'i- 31 Any Mechanical 40ulpmant and emergency power gencritors, Shall bef om" iflaw" &M ;noise-'scr*'060 r . associated with'. skid,`rtructuies' shall bj ;sound attenuated so an not to exceed SS dBA lat 'the property l.ines& ' This latter *'shalV be•b&ssd upon the' r*mmmehdat Ions =' of ; the :qualified acoustical `'engineer and &PPcoved-by- the! Building DopartaitAtj t 16 t L • o, H, �~~•,, • •• •. C6XAMIS5io! RS Sspte•_.ber 6, 1984�, .. _ r` MN(fTEs 7 � w Cary. of Newport Beach JU. CALL , . I I 1 .27, 11. 1,p H 111. INDEX - 6o. All construction activities will be liaated to the hours of 7:00 a.m. to 7:00 p.m. MandaY through Sunday.Sunday, and a:OO.s.s. to S:oo p.x. Saturday and 61. ' 0910 of the site shall be limited to a ausXL== of DSO persans per day. 62.,-The Dover Shores- Coamunity Association shall be allowed to elect a repxeaentative to the Aquatic Center Board of Directors: -p- 63. The applicant shall record. a'res'trictive covenant limiting Use of the facility to that'allo%,*d by the torus of the lesse'as executed,by City Council. eeonYenei! at 9:30 p.a. '� use 'Pe=it No. 3108 tConeirwed.Public ' Request Co r !! Hearing) Its 2 permit ' thst establiihment� of a . retail art gallery/studio on property located in the,M-1 Diistrict. use Permit _ 1Z ]fps LOCATION: Lots 6 and 7, Block 328, Lancaster's Addition, located at '2912 Layfayette Avenue, on the A'o-"�--'s easter)y side of Layfayette Avenue Canditson between Street and..3ath Street,,, Cannery village, . APPLICANT: Paul Blain ffenrie, evpert gem OWITERs Lossa Linda VAiver `rt:. A sity,j.Loma Linda . Kr. William Leycoek, Current Planning 'A�inistrator �advised that the Planning Staff has recoc.anded that the.40110uing two, conditions -be = added if -thi •�2rar�idq ''= Co�iasioa a to a • .. wires ; pprove .', this =: Gee CO : nil no. S: 'That the second door ueas-sballr " •;.;: t � ':>, only be used by the artist or the gallery, -.. . studio. office, or storage purposes• and aansgesr {to a .�,� • _.. •i�� �,� and Condi tiwl _ 00 . 17 a 7 '• �,� _� Sate of G&forri4, Crewge pelhrriajan•�•�� Cocas Coastal Com mijon Sou,m COST 06 RSCi 245 west Broadway -Suite 380 P.O. Box 1450 Long Beath, CaHt rria 9MOI.1450 (213) 590'5071 Application: Applicant% I • p` =I 1/10/85 49th DKYt 3/ 1/85 180th DAYt 7/10/85 STAPY: T. Henry:do STAF! 1XPORTt 1/30� /ES �„• 8Ea1R.I2tG DRTE; 2/13-15/B5 RER�UIAx CALWIU" - STAFF REPORT AND RECOMMENDATION 5-84-786 City of ttewport Beach/Newport Aquatic Canter Department of paxks 170 E. 17th St.,.Suite 204 `.4 Recreation Costa Mesa, CA 92627 } Q.•0. Box 1768 Newport Beach, CA ' 926sa-8915 Agent: Sanchez ^alarico.Associates (Fred Talarico) Description: Construction of an 18,228 square -foot aquatic _•. trait:ing and recreational facility to include a multi -purpose meeting room and a two -bedroom' apartpent- on the � second level to be located on North' Star Beach in the City of Newport, Beach.' Site: North star Beach adjacent to,.Oppe. N wport Bay + .t located. at.the.terminus of, North 5..-r Lane in the - Dover Shores residential area of ,Newport;. Beach., j Orange' County... S f APN: . 117-382-005 ! • j � i i c Staff recomrends approval uith colidil"ions pertaining to beach t ' improvement, parking, and public health. i Substantive File Documents: 1. 'initial Study foie the " Newport Aquatic Center, North Star Beach, -Newport Beach, CA, dated July 9, 1984, by Marie Gilliam ssociates. -2. Management plan for.Upper NewportBa er ical' Raasrv* i y Ecoloq. ...,... the Callfornia . Department of Fish, and'Gama l.,� � �• j ice! w- • *���• . r , • `t ? t.' 1" r .;, .. ' ; � � EXHIIH I • 0 5-84 -786 Page 2 3. City of Newport Beach Certif ied Land'Use Plan, May 19, 1982. STAFF RECOMMENDATIOti - Staff recommends the Commission. adopt the following resolution3 I. Approval with Conditions The Commission hereby 5ran�ts, subject to the conditions below, a. permit for the proposed�deveTopment on the grounds that the. development, as conditioned, will be in conformity with the provisions of Chapter 3, of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepttre a Local Coastal Program conforming to the provisions of Chapter 3 of 'the. Coastal ,Act, is locatect between the sea and the first public road nearest the shoreline and is in -conformance with the public access and public recrea- tion policies of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act.. Ii. 'Standard Conditions: See Attachment X. III. Snecial Conditions: 1'. Beach- Imarovement•Prooram.' The applicant, shall, submit a:,. written agreement, the -form and content subject -to the.review..and - approval of #*he Executive Director, for. a North -Star Beach, Improvement. Program. A. The agreement shall provide 'that by the end of the, second year of operation of the facility that a'Beach, Improveament Plan to improve .the quality of and access.t.,the� beach shall be submitted. The Plan shall specify -'whether � the applicant will; convert the dredge spoil' beach to a-sandy beach (`SF will provide, picnic tables, 'shaded g viewinareas, and a public ,fishing dock With a sink and cleaning facili- ties.' The'Plan shall"also include'the provision of addi-'. tional on -site public parking. B. By; the, end' of 'the fouxth year ofoperation: of she ; ' . facility,.iha�-appl'icant-s'hili commence,- construction., of_.beach,:; improvements as outlined'in'".the -above beach improvement. plan:. The "liapiovementsI'shall` be 'completed by the snd;:of the j'fifth year of operation of the facility. '�.'• . ; : . 2 ' "Prior "to transmittal 'of "peirmit -the' applicant, shall ., submit . revised plans that show a total` of`-83 on -site: parking spaces.: ,::;,- • 5-84-786 Page 3 3. The applicant shall submit the final facilities operation plan for Executive Director's review and approval. 4. Prior to transmittal of permit applicant shall submit a -written agreement, the form and content subject to the review and approval., of the Executive Director, that reserves 20 percent of the maximum allowable daily use of the facility for general public walk-in uns of the boat launching facilities. The agreement shall also specify that the boat launching facilities,. public restrooms and public parking be available to the general public during the hours of operation of the facility. Indoor boat storage shall also be trade available for members of the general public without requiring them to. enroll into any facility program, 5. The applicant shall submit final bulkhead plena for the review and approval of the Executive Director. 6. The applicant shall obtain and submit written, certification, from the California Department of Health that the wat"mr quality of the Y Upper Newport Hay poses no threat to public health in conjunction with the proposed use. IV. FI:fDINGS AND DECLARATIONS. The Commission finds and declares as follows: A. Pro'ect Rescii.otion and Location. The proposed two-story, 18,228 square -foot Newport Aquatic Center includes indoor boat storage area, weight -training room, men's and women's locker rooms, = lti- purpose assembly room, facility and public restrooms, boat repair and workshop space with a covered service yard, all on the ground level. A 1,440 square -foot, two -bedroom coordinator'.s residenco.is located on the second level. A 15,000 square -foot 'staging �area, dock and bulkhead are also proposed. Sixty-three parking.spaces are provided on -site (see Exhibit I - Site Plan) . The project site is located on the 12-acre North Star Beach at the terminus of North Star Lane in .the Dover Shores Residential Community of Ner.wort Beach (see Exhibit 2 - Vicinity Map) . The facility will lie adjacent to -the Upper Newport Bay Ecological Reserve. Additionally, a portion of the site has. been designated as an Environmentally Sensitive Habitat area: in the City's.Certified Land Use Platt. B. Backcround. The.,proposed Newport Aquatic.Center will provide training inRajak and outrigger canoe rowing in addition.to related in- door instruction. The 2 existing rowing facilities in the area',.the orange Coast: College and: University, of California, •Iriine facilities provide 'instruction. at: the collegiate level. The, principal goal of the proposed facility, according to the applicant, is,to' intrgduce aquatic sports to school age children. The primary user's. of the. facility, train- ing programs will include children ,from, the various girls', and boys' civic clubs, youth day camps and sports camps, as.well as boat-ciubs,ac- complished athletes training fox international competition and enrollees of the CityyIs :aquatic,cecreation programs. 5-84-786 • • Page 4 The concept of a rowing and aquatic sports center was approved by the people of Newport Beach in a 1982 referendum.' Initially the facility was to be nearly three times the proposed size and included a 2,800 square -foot sports medicine clinic, pool, pro shop, laundx- and a "training hostel" to provide up to 14-day's lodging for 2S to 5n people. The facility would have accommodated 8S0 daily users. The sas hd down facility approved by the City has been conditioned to limit the total maximum daily use to 250. The City added 62 more conditions largely as a result of the concerns expressed by the Dover Shores Residential Community through which is the only overland access to the project site (see Exhibit 3 - List of City Conditions). C. Public Use of Tidelands. North Star Beach is a public tide- lands held in trust oint y by the County of Orange and the City of Newport Bench for the People of.the State of California., As such the use of the site -is governed by a Legislative Videland Grant which dic- tates that the general public must be allowed maximum use 'of the beach. North Star Beach is currently under-utilized by the public due to its limited access and poor beach and water quality. Overland access to the site is through a residential community via winding roads. Addition- ally, the beach is below a 100-foot high bluff. The lack of use of the beach is also due to the fact that it is not a sandy beach but A. dredge spoil site. However, the City has plans to make the 12-acre site a high quality beach as indicated in their Certified- Land Use Plan. While replacing the dredge material with high quality sand will improve the beach the water quality of the adjacent Upper Newport Say State.. Ecologic Reserve gust also be improved if the public is to achieve maxi- mum enjoyment of this coastal area. The poor.•aater quality of the Upper Bay area is due primarily to extensive sedimentation which has resulted in a loss of tidal flushing. However, contamination from colifor:a, land- scaping and agricultural nutrient -rich. runoff and heavy metals has led to the restriction of'water contact activities and the collection of shell- fish for human consumption throughout the Upper Bay. The California Department of Fish and Game, County of Orange, City of Newport Reach, ,City of Irvine, and the Southern California Association of Govern-ments -are working together on 208 planning studies to improve the water quality of the Upper Newport Bay. Presently the beach is used for fishinb, bird - watching, jogging and open space. ` Staff feels that the' proposed project is not inconsistent with the City's plans for the site to make it a high quality beach., The aquatic facility will occupy approximately one -.fourth of the beach and will be sited so that the portion of the beach left undeveloped is that adjacent to the public road. A deed restriction will limit development to approxi- mately 3 ac_es:cf the 12-acre beach. However, if the proposed project were not built the entire beach would remain in open space and be avail- able for, improvement to a high quality sandy beach to provide for swim- ming; fishing, picnicking, -and other passive recreational• uses. it is staff's contention that the use .of proposed facility is quasi -public in that the -primary users will be various boat clubs, youth day camps, sports camps, various civic organizations, and elite athletes through memberships. The City of Newport Beach Department of Parks, Beaches and Recreation will also offer programs through the facility with 31 �; 0 • 5-84-785 Page 5 enrollment on a user fee basis, but the City programs will constitute less than 20 percent of the total daily allowable use of the facility. Further general public use of the'recreational facility is restricted since the project has been conditioned to restrict total, daily, use of the facility.to 250. Staff finds that only as conditioned to implement a beach improvement plan to include public on -site parking, to reserves a percentage of the allowable daily use: for walk-in use of the boat launch- ing facilities by members of the general public who own human• -powered watercraft and to allow them to use the indoor boat storage facilities and to provide public restroams and on -site public parking, can.a deter- mination be made that the project allows maximum public use of the tide- lands. D. Public Recreational Opportunities. Sections'30220, 30224 and 30255 of t e -Coastal, Act address the use.o •coastal areas for public recreation as follows: r Section 30220. Coastal areas suited for water -oriented recreational activities that cannot readily be provided at inland water areas shall be protected for such uses. Section 30224, Increased recreational boating use of coastal waters shall be encouraged, in accordance. with. this- division, by developing dry.storage areas. increasing . public launching facilities, providing additional berthing space in existing harbors, limiting non -water -dependent land uses that congest access corridors and preclude boating support facilities, providing harbor of refuge, and by,.. providing for new boating fact iities in natural harbors, new protected water areas, and in areas dredged from dry land. Section 30255. Coastal -dependent developments shall. have priority over other developments on or near the shoreline. Except as provided elsewhere in this division, .coastal -dependent developments shall not be sited in a watland. Whea:e appropriate, coastal -related developments should.be accoomodated within reasonable proximity to'the'coaital-dependent uses they support.,... (trended by Ch. 1090, . Stets. 19794) .The. proposed aquatic -training, and recreational' facility is -a water dependent use that will .increase recreational, boating, use"of coastal waters.. As conditioned -to allow general public use"of the boat launching facilities and indoor, boat: storage 'areas' without requiring participation in the..facility..programs, !the project a s consistent;wi.th.Sections 30224 of the Coastal, Act. ; 5-84-786 - Page 6 E. Public Access. Section 30252(4) of the CoastAI Act states that,' *The ocat on and amount of new development should maintain public access to -the coast by (4) providing' adequate parking fAailities or pro- viding substitute means of serving the development with public trans- portation." ' The project will provide 63 on -site parking spacon. Using Commission adopted parking Guidelines, parking should bt provided at the rate of one Space for each 4 persons based upon maximum capacity of all programs of the facility capable of simultaneous use, plus one space for each'2 employees. The project has been conditioned to restrict total daily use of the facility to 250 for all programs. This number of visitors would require 63 parking spaces under the Guidelines. The number of employees will fluctuate with the time of dAy, day of the week and with the season. During summer weekday afternoons the facility pro- grams will be at maximum capacity and thus more employees will be re- quired. Also during most of the day 4 to-5 programs (excluding the advanced isrdividually monitored rowing and recreational program)• will be running simultaneously. The facility will be least used and require lcss employees on winter weekends. Though the project site, North Star Beach is currently under- utilized, development of the proposed aquatic training and recreational facility will attract curiosity and increase the use of the beach. The availability of a public boat launching facility at the site will also attract more uselof the beach and thus increase public parking. demand. The Commission finds that only as conditioned to provide 20 additional on -site employee and public parking spaces for at total of 83 spaces, can the project be dete=ined to be consistent with Section 30252(4) of the Coastal Act. F. Environmentally Sensitive Habitat Areas. Suction 30240 of the Coasts ..:t states: Section 30240. (a) Environmentally sensitive habitat areas shall be protected agk4nst any significant disruption of habitat values, and only uses dependent on such resources shall be allowed within such areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent • impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat areas. A.portion of North Star Beach is designated as an Environmentally Sensitive Habitat area in the City's Certified Land Use Plan because there is a small freshwater stream. The stream supports a riparian area which includes some volunteer arroyo willows. The source of the stream is a drain pipe at the base of the 100-foot high cliff which borders the beach on the northwest (see Exhibit 1 — Site Plan). The .,t 33 5-84-786 Page 7. proposed facility is setback 60 feet from the riparian area,, ar - no activities will take place in the riparian area which is located above tt facility- Additionally the. public beach to be - improved is at the southern end of the, site and,. therefore, the project will not encourage human activity in this wetland area adjacent to the Ecological Reserve. Therefore the Commission finds that the proposed project is consistent with Sections 30240 of the Coastal Act. • r G. - Land Use Plan Consistent . On May 19. 1962, the Cosaainsion certified the City of Newport Beach Land Use Plan. The Land Use desig- nation of the project location is "Recreational and rnviro=ental Open Space.' The permitted uses of this use designation are as followas Recreat-Ik=l and IItvircrmental Ooen Soace. -This mbeategm includcs wildlife refuges, golf courses, .bluffs-, canyong / and beaches. Uses PaMitted in areas shown- for Recreationnd al pDTvizoracental Opcn Space on the sites listed on Page 17 of ' the LUP and defined as envire--entally sensitive arras (Page 20) are passive recreation uses canF4tibl* with the sensitive resource nature of these sites, and include hiking,'picaickiM and nature North Star, Beach listed on Page 17 of the LUP as a portion of the site is defined as arl environmentally sensitive area. However, because the project has been sited and designed to prevent any adverse impacts to the riparian area and is compatible with the continuance of the habitat area, staff - finds it is consistent with the permitted uses of the Land Use designation as stated -'in- the City'of Newport Beach Certified Land Use Plan: �' � '� si '� . ti r i i it � :. � R � / � ' f � � % ,`� • . .. . .. ..: :. � r t . l � + . • I .. . J , l i • �:'1 i1 .',!f .ii: ..;i', ... iN.��,. f• y� i t:�lt: .u,� s's w J ' ��., • L 1•+ i i {{ 1 `` .. F ' 1 .. Y: r. 4 1 T. -:! 1 •1. L. !!.1 .i l�� A :� .n :: i - 1 .. 1 it_., ..._ T.:i �'!/:�' ii° .�.:`::'i i��..�' !i';.'.' •iiY .'?'..•} '.,..1L t^•t.��f1 i'i+ . ^�' ' •::...»i;; 3f.;.:1,! (;:;i',� if:`.7;riI�,.I�c1, ... ,..: �� fr, (: .. .. .. « .1 t.. ._.. 'rF _ ._'t. .•'f.!1 �.. �.i:. . ., l�l^.-. ._i i• :. �. .. _, i ... ,. 1, f... '+•+!.Y: i s �i� . 3y . of flawri zurlfDr t 1 f �64-dizjb os 1 EJI VICINITY NEWPORT ACUAM CEtfER • rr EXHIBIT NO.,? 90PUCAY1514 N . v..� a.., c.._..,.s i fLA- NORTH STAR BEACH - JOINT POWER AGREEmEtrr PRELIMINARY DRAFT, THIS JOINT AGREEMENT, made and entered Into this L,�Oday ' of 1987, between. the COUNTY OF ORANOP., a political ' subdivision of —the State of Cal I fornia',- hereinaftir referred to as "COUNTY," and the CITY OF NEWPORT, "BEACH,!.' a municipal corporation, hereinafter referred to 'as "CITY-," R E C I T A L 5 A. COUNTY and CITY are each owners of; an undivided one-half Interest In 12+/- acres of tidelands located In the City of Newport-'.'. Beach (" ' Property"). ,.The Property more' specifically described and depleted, -in Exhibits "A" and "1311 to thistAgroement. B. COUNTY holds the Property In trust under express condition of Legislative Tidelands Grant, Chapter 526, Statutes of 1919, as amended, and COUNTY has granted to CITY ope-half.. Interest ln, said land by deed recorded March 13, 1978 for development of mutually beneficial public recreation facility. i C. -All development and use of the Property shall be subject to and rin conformance; with restrictions an Use of the property,., which restr let ions -.are set forth In sold Tidelands, (Iran t,,.Chapter 5269, Statutes of 1919,.,ft3 amended, and the Grant,". Deed by "which CCUNTY' granted to CITY an, undivided one-hal'f Interest In thc,property: D.; CITY a n d COUNTY have, a p pr o 4, a d I n i4o n a e, p t: a proposal- -submi t ted -by - Nevepor t I 'Beach' Aritiat,ic Center, a non-profit`. corpo.ation',--which' calls for the".cons true t lon,Beach.'. at '03 t/ t o,,C I TY no,,I.c or COUNTY, ..,of Aquatic Center on � North,,Ste r each. I T/ E. The construction of -an Aqua t I a Centor,!On *'North,Star Beach would constitute a significant ' benefit to-/b*oth CITY.' and COUNTY In that, the fool I I ty would b6',ava I lable - toy' use by-rhiniber3 of the -general publ le to serve the n•eed3.',qf the' largo -numberf persons -who own human -powered watercraft and.-"6roVIdo addl - onal facilities :to.serve the general pabile Jor activ.ltles such -as public fishing access. -I- 0 F. The City Council of Newport Beach submitted the Aquatic Center proposal to the voters of the City of Newport Beach, pursuant to the provisions of Section 1402 of the City Charter of the Clty of Newport Beach, and voters approved said proposal on November 4, 1982. G., The. Iegislative bodies of the CITY and' COUNTY believe that a Joint Powers Agreement would be the most efficient means of supervising the development, construction, and,oporatlon of the'facility. H., On September 21, 1982, COUNTY's Board of Supervisors. authorized preparation by EMA of .Joint. Powers Agreement with CITY to implement proposed development of Aquatic Center. 1. CITY and COUNTY deem it to be to the mutual advantage of the parties hereto and fn the public Interest to treat the above -described tracts of land as a single parcel and designate the City, to administer the development and operation of proposed Aquatic Center on North Star Beach. PARTIES, THEREFORE, IN CONSIDERATION OF MUTUAL INTERESTS TO PROVIDE PUBLIC AQUATIC RECREATION FACILITIES,, CITY AND COUNTY AGREE AS FOLLOWS: 1. The property, commonly known as North Star Beach, which Is legally described in Exhibit "A," and depleted In Exhibit "B".,shal,l, _for purposes -of this, Agreement, 'be, considered as a singlc.parcet....,. 2. CITY shall have the power to bind County to a 25 year, ground ilease,,cons lstent•-.wlth rthe 'terms of the,Tidelands Grant, ot'8,portion, of the.Property providads'' ` rA. The property, 1 is leased to a "non- -profit corporation for development and use solely as a facility to promote spor..ts.; lnvolv.ing human -powered watercraft;' 'B. The lease has been submitted to' the'-Dic'ecto'r of the Environmental Management, Agency of the ,County of Orange for,,;revtew,;agd,,approval, and the lease. As -,'in substent'lalIy, the, »ame;,iorin as,the;,document attached to' thisAgreement;'ab` l:xhibi.t ,,1;,, C.:,,:,The ;use of-1hi leased premlies 'shell, be;, ,ilmlted }to,Ithoss,:,specified In' City, of� Newv'ort' Beech Use Psrmtt, -2-': 0 • No. 3104 and Coastal _Development Permit No. 5-84-786 (sea Exhibits "C" and "D" respectively.) D. CITY shall be the "lead agency" with respect to any environmental documentation required by any project (as that term is defined In the CEQA Guidelines) undertaken by the Aquatic Center or the City on or around the leased property. 3. CITY shall review and approve schematle and final construction plans and specifications for construction of proposed Aquatic Center, perform all Inspections, and Issue final certificates, of occupancy. . Copies of approved plans and specifications shall be provided to the Direotor of the Environmental. Management Agency of the County of Orange. 4. All development, construction, operation, and maintenance of Aquatic Center shall -be at no cost to CITY or COUNTY, provided that CITY staff shall be responsible for administering the operation of the facility'to Insuco It ;s being used in conformance with this agreement, Use Permit No. 3104.and the long term lease. S. Use of Aquatic Center and all Its fac(litles shall be granted to all residents of :COUNTY. on an equal basis as residents of CITY. No person shall, on the grounds of race, color, creed, national origin, sex, or any other constitutionally -impermissible criteria, 'be'' excluded from participation. in, be denied bcneflts' of; or' be subjected, to discrimination' any program or, activity'•'eonducted.'by Aquatic Center or within facilities construeted�on,sald'parect of land. 6'.'',;"C1TY sha1,1 ensure that, the public''shalI )Iav©' access; to the'Aqua'tic Center facilt•t,les, Ancluding,rest'rodms'-and pd6ll`e parking, and that development and operation of the,Aquatic Center promote pub,l i c access ,to the beach: 7'. Tha;tong term ground, lease shall 'requl'rd"bess'ee"`i'o' provide adoquate assurance that the Aquattc Center shall be constructed „tn.a timal.y.manner. t CITY £shall,, to. theextent peem{ tied b "ilawA indemni fy',' `dcfe'nd•.and hold harmless: the COUNTY,," and I to of Hcers ,. agents and e`mployees, from and against any claim, demand, loss; or liability arising out of the negligence or wrongful act or onl3sion, of. CITY, ., or, ,its; officers, ;agonts l' or .'employees , - i.n . approving tha l:ong,Aerm;,., grounds � lease;'"+`aPProvirig >tlnel construction "p"I'ans, specifications, and building Inspections. -3-. - • ;�,;ibti,, F , .rr , The long term ground lease shall contain a provision requiring Lessee to name the COUNTY as an additional insured with respect to any and all operations or activities conducted by Lessee from or at the leased premis%is. 9., All land and .improvements shall remain the joint property of C111"i and COUNTY, and shall be maintalned and operated for public park and recreation purposes consistent with the terms of the_grant deed by wh�ch;COUNTY conveyed a one-half Interest In the property to CITY. 10. In the `event CITY does not approve a long term ground lease for the construction of the Aquatic Center within - six (6) months from the date of approval of this Agreement, this Agreement shall become�null' and void and cease to govern any actions of either the CITY or COUNTY regarding the property. 11. Notices All notices pursuant to this agreement shall, be addressed as. -set forth below or as either party may hereafter designate by written notice and shall be sent through the U.S. Mall. COUNTY: CITY: County of Orange- City Manager Director City of Newport Beach Environmental Management 3300 Newport Boulevard Agency Newport Beach, CA 92883 P.O..,Box. 4048 . Santa Ana,''CA- 92702-4046 IN WITNESS WHEREOF, the parties hereto have caused this Joint Powers Agreement to be executed by their respective governing bodies on the dates set forth opposite their signatures. Da tad: 6F7 -4- "PROVED/eAS TO FORM: ATTEST: By. 9y: Z�z,)e �1 Q� Cyty Attorney, New or each.. Citj Clerk,;Newport ,"ch COU F ORAN E Da t e d s._.,_....... MAR? ,4,;1QQ7 By = �' Cha n , oar o Su A isors,, ;County of Orange, ATTEST: RECONMNDED FOR APPROVAL= By rector Wnda D.. Robftts Environmental. Management Agency Clerk, Board,of Supervisors APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL By= ;y.. Depu,ty-, .... i t:). ,♦i �rs':"i•1i! :+j i :r: ...!i �. .':i'�: .. 4',.. ^.il� li'•. .. } r'i `•.�-i,`ice :r.r��, 'tr, 1. �;(i ,i,.. +.:�' .,`.f:.9r_...�;1•.. s'i'i :.'�. f i(: r- . 'S`. 'i `tiCg:=:j'y„? � •.: 4.++7.•.', .1t' ... li%.•� .f�ii1;{iYi; -5- .. .'.t. .. ,,i+.+ -i1v.`.. ... •!% .'�iJ. c. "'�. bii'� .w5„•+,a+4n�i+�J•5i'.a�,�L .?�)%.� 'r "SCM:.p.ri1'i LESSOR COUNTY OF ORANGE By Chairman Board of Supervisors u APPROVED AS TO FORM County Counsel By: RECOMMENDED FOR APPROVAL Environmental Management Agency By. General Services Agency Facilities & Real Property Real Estate Division By: Real Property Agent By: Manager ATTESTS Clerk, Orange County Board of Supervisors - :' � _ ,�i� .c��'�rr ,rp.:4k»i�. Ifi�iJ 7�e`�'^-•!ti7'A�'�.�'lK.��i�:;�t��1ta2F,'rh4?�i � r - i , -� LESSOR CITY OF NEWPORT BEACH By Mayor APPROVED AS TO FORM By: City Attorney ATTEST City Clerk 'Em, 26 �$�. ,4 l41t i � rc�x `�,�c �?.?�'�' '�i?�%►�VN ���i n R 1 TIDELANDS AFFAIRS COMMITTEE July 1, 1982 Study Session Agenda Item No. To: Honorable Mayor & Members of the City Council From: Tidelands Affairs Committee Re: Acquatic Center/North Star Beach BACKGROUND On March 22, 1982? the City Council approved, in concept, the construction of a rowing and Acquatic center on North Star Beach. The proposed facility would be constructed by funds raised by Newport Beach Acquatic Center (NBAC) a non-profit corporation. Prior to the commencement of construction, the City would entor into a Ground Lease with NBAC, a Ground Lease that would be contingent upon construction of the facility within a proscribed (like in order) period of time. The Ground Lease would also specify that the City of Newport Beach would have the right to use, for public recreation purposes, a portion of the facility. The County of Orange, as the owner of one-half of North Star Beach, would also be a signator to the Lease. NBAC would have the responsibility for maintenance of the facility and payment of all operating expenses. NBAC will raise money through membership dues and fees charged to those to who wish to use the facility. �.� "SS i•a..t �.� 4,�Y"'t .ii'�ty�+,`.'A h�.J't�y.,. :1' ..y �f.`.-��r �7 i'� }l�':',fi t... �l -; �.A.iS''r,.P1�":`4 A§��i•'p`/• ••i�r+fi•slp.fy�: .:.t_Sj.1 ..„try: i.•��,. ... .. t . NBAC has contacted substantially all of the persons and organizations that would have some interest in the project. There appears to be no opposition to the proposed project from either the Dover Shores residents or the many public agencies that must approve the project. DISCUSSION The City Attorney's office, in reviewing the proposed project, determined that the Charter of the City of Newport beach required voter approval of the proposed Ground Lease to NBAC. The pertinent Charter provision, Section 1402, reads as follows: Section 1402 Waterfront Property. `The City Council shall not sell or convey any waterfront or beach property, excepting to the State or to the County for use as a public beach or park. No such property owned by the City shall he leased by the City unless and until the leasing thereof shall have been approved by a majority of the electors voting on such proposition at any general or special municipal election, provided, however, that this section shall not invalidate any lease of such property in existence at the time of the effective date of the Charter nor the future leasing or releasing of any such property under lease at the effective date of this Charter." The Tidelands Affairs Committee, notwithstanding the existence of certain legal mechanisms to avoid the impact of this Charter provision, recommends that the proposed acquatic center be submitted to the voters at the general municipal election to be held in November. In order to put this matter on the ballot in November, the City Council should adopt all appropriate resolutions at its meeting of July 26, 1982. Attached to this staff report as Exhibit "A" is a copy of a proposed Lease, drafted by the City Attorney's office, and it is requested that the Council review this Lease and make suggestions with respect to the terms and conditions of the Lease, specifically those portions which are underlined. LANDS AFFAIRS COMMITTEE P Maurer Evelyn Hari RHB/pr Attachment cc. Dave. Harshbarger i A)/y}�A'v4tu J"fi`'R�.rU� AY+`aI;g h i{aSaryD; 6�`I�;:R+%f4 ^r.:S;• p J j c �{ d"1ai� r,� it �S t{y�L,/`'a�W,.�i 9 r ti.k4 4 i?4 w��.�1P�Sk•4'1}��YaTT"T►NP7l•M�l��w$i �H1'. THE CITY OF NEWPORT BEACH AND NEWPORT BEACH ACQUATIC CENTER, INC, GROUND LEASE THIS GROUND LEASE, entered into this ` day of , 198 , by and between THE COUNTY OF ORANGE and THE CITY OF, NEWPORT BEACH, hereinafter collectively referred to as "Lessoc" and NEWPORT BEACH ACQUATIC CENTER, INC., hereinafter referred to as "Lessee" is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the parties hereto% A. Lessors are the owners, in trust, of certain beach - front property commonly known as North Star Beach, hereinafter referred to as the "Property", with a legal description as set forth on the document attached hereto as Exhibit "A", and further shown on the map which is attached hereto as Exhibit "B"I B. There are restrictions with respect to the use of the property, which restrictions ace set forth in Section l of Chapter 415, Statutes of 1975, and the Grant Dood pursuant to which the County of Orange granted to the City of. Newport Beach an undivided one --half interest in the property: ,r.,..t�!. S y I �{ a tj }":`.. , f^!, r �.s ..•a4-i;nn;;.rrlu a C. _ s;«� fr ✓Ln,.i; ! ?r�:7rrla.b i'. .# C. Lessee proposes to construct, on the property, a marine -oriented recreational and athletic facility which will contain space for boat storage, a multi -purpose area and meeting room, a weight training Loom, small offices for the conduct and , operation of the facility, a boat simulator center, locker rooms, and such other facilities as may be incidental to the marine activities to be carried on at the facility= D. In conjunction with the construction of the acquatic center,.essee proposes to bulkhead a portion of the beach frontage, construct low lying docks, restore a portion of the property to westlands in conjunction with the California Coastal Conservancy, to landscape the property, and to provide parking, public restroom facilities, and public access to the beach; E. The project proposed by Lessee is consistent with the restrictions on use. of the property as set forth in the above -referenced statute and Deed; F. The City of Newport Beach and County of Orange will derive substantial benefit from the construction of the acquatic center in that a portion of this facility will, from time-to- tiate, be reserved for the use of members of the general public, either in conjunction with recreational programs sponsored by the City of Newport Beach or by non-profit organizations whose purpose is to promote the public interest; 2 G. The proposed project, including the construction of the acquatic center and this Ground Lease, has been approved by a majority of those voting in the last general municipal election, and by reason thereof, the City is empowered, pursuant to the provisions of Chapter 1402 of the City Charter of the City of Newport Beach, to enter into this Lease; and H. it is the intent of all of the parties hereto that, in the event that Lessee is unable to construct the acquatic center, or to continue to pay for the maintenance and operation' of said center, that this Ground Lease terminate. NOW, THEREFORE, the parties hereto agree as follows: 1. LEASED PREMISES Lessor hereby leases to Lessee, subject to the terms and conditions of this Agreement, the property, with the legal description as set forth in the document attached hereto as Exhibit "A", and as shown on the map attached hereto as Exhibit "B", which exhibits are, by this reference, made a part hereof. 2. TERM The term of this Lease shall be twenty-five (25) years, commencing the first day of the first full calendar month following the date of execution of the Agreement by Lessor. 3 ��- ✓,•� � ��\,,+.1�,�'�9-v��"i:.t'.ec�?'.�..¢1[:�v7t,4;i,.:So..1IC�ClJ:LF+:�..Jk�N I�'i��1. .4.�.' � 7eL:"1�rlNr ih.��`i4G i ``. � 1"SP;'%t •`� Sri r. ltisiM r-�Ir t � ��Y tl-,.: : �,: 3. USE RESTRICTIONS This Lease, and the rights and privileges granted Lessee pursuant hereto, is oubject to all of the covenants, con- ditions, restrictions and exceptions of record including, but not limited to, the terms and conditions of the following legislative grants from the State of California: (a) Chapter 526 (p. 1138) of the Statues of 19191 (b) Chapter 575 (p. 974) of the Statutes of 19291 and (c) Section 1 of Chapter 415 of the Statutes of 1975. This Lease and the rights and privileges granted Lessee pursuant hereto are also subject to the terms and con- ditions of the Grant Deed, whereby the County of Orange granted to the City of Newport Beach an undivided one-half interest in the property and which Deed was recorded March 13, 1978 in Book 12594, page 990 of the official records of the Orange County Recorder. 4. CONSIDERATION The consideration for this Agreement shall be the construction of an acquatic center and recreational facility by Lessee, at no cost to. Lessor, the continued maintenance and operation of this facility for the term of the Lease at no cost 4 to Lessor, the commitment of Lessee to utilize the facility as an acquatic center for the advancement of mnrine-oriented educational, athletic and recreational programs and activities, ' together with the right of Lessor to utilize the facility, all as more fully set forth below. S. CONSTRUCTION COMMITMENTS (a) Lessee hereby agrees to construct the build- ings and structures described on the plans, attached hereto as Exhibit "C", and to complete construction of all such buildings and structures within twenty-four (24) months from the date that Lessor executes this Agreement; (b) Prior to commencement of construction of the approved buildings and structures, or any phase thereof, Lessee shall furnish to Lessor evidence that sufficient monies are available to Lessee to ensure that the facility is constructed in a timely fashion. To satisfy the provisiono of this sub- paragraph, Lessee must provide Lessor with one of the following: i. A completion Bond issued to Lessor as obligee, pursuant to which construction of the facility, in accordance with the plans and specifications attached hereto as Exhibit "D" is guaranteed; 5 (ff t `. .. .� ., .,-1•, t r. .:t 4;; `r. wt'i.• .i �, ��i�t',i;":N ;1r.N �s .'+.i, .J � .fv e,J i`�i ,rr ;.r 'V �, .v, r. >2 ,? .. •}'s� �Cyc •±�,^i '"tit�'�`:.�; r•J ,. !.. y,i.f. .i '��;. . l ii. A Performance Bond, Labor and Material Bona, or any combination thereof, supplied by Lessee's contractor or con- tractors, provided said Bonds are issued jointly to Lessor and Lessee as obligees and provided further that the total amount of said Bonds are sufficient to guarantee construction of the facility in accordance with the plans and specifica- tions set forth in Exhibit "E"= or ifi. An irrevocable Letter of Credit, issued to Lessor, in a sum deemed sufficient by Lessor to guarantee construction of the facility in accordance with the plans and specifications set forth in Exhibtt "C", said Irrevocable Letter of Credit to remain in effect until Lessor acknow- ledges satisfactory completion of the project; (c) Any Bond or Letter of Credit furnished by Lessee pursuant to the provisions of subparagraph (b), above, must be issued by a'company qualified to do business within the State of California and acceptable to Lessor. All Bonds and 6 x +. ` i 4 i R,i �� r c f�+, { k } 5•' w>"y, J r t Y s tS4 i . J N .�7i•���n,�����-�3#M%4%4rTln..c:� I+t�td±l�� x �t•nnF� Y Letters of Credit shall be in a form acceptable to Lessor and shall ensure faithful and full observance and performance by Lessee of all terms, conditions, covenants and agreements relat- ing to the construction of improvements on the property. 6. CONSTRUCTION.ZALTERATION BY LESSEE (a) Lessor's Consent: No structures, improvements, or facilities shall be constructed or altered by Lessee without the prior written consent of the Building Director of the City of Newport Beach. Any conditions relating to the manner, method, design and construction of the structures, improvements or facilities imposed by Lessor shall be considered conditions of this Agreement as though originally stated herein. In the event that any construction or alteration of facilities, structures or Improvements requires any discretionary approval of any Board or Commission of the City of Newport Beach, any conditions imposed by such Board or Commission relating to the manner, method, design and construction of the structures, improvements or facilities shall also be conditions of this Agreement as though originally stated herein. 7 (b) Strict Compliance: A11 improvements constructed by Lessee on the property shall be constructed in strict compliance with the plans and specifications approved by the Building Director of the City of Newport Beach. (c) Mechanics Liens: Lessee shall, at all times, indemnify and hold Lessor harmless from any and all claims for labor or materials in connection with the construction, repair, alteration, or' installation -of the structures, improvements, equipment or facilities on the property, and from the costs of defending against such claims, which cost shall include reasonable attorney's fees. In the event any lien is imposed or recorded on the property as a result of the construction, repair, alteration or installation of any equipment or facility Lessee i. Record a valid Release of Lien; ii. Deposit sufficient cash with Lessor to cover the amount of the claim or lien in question and authorize payment to the extent of said deposit to any person or entity that obtains any judgment with respect to said claim or lien; or 8 �i - .. � .. n,. .. -. ��,; ;. �.�:•?,... :�-"j}aiY�. �.l.;9lse r'�ly✓!w%?x .�,u.7�4i4.y 1`�•`E'i�%a. !�`.rn � �i.i�,, <� .. iii. Procure and record a Bond in accordance with the provisions of Section 3143 CCP, which frees the property from the claim of lien and from any action brought to foreclose the lien. in the event Lessee fails to comply with the provisions of this paragraph, within 15 days after the filing of any such lien, the Lessee shall be considered to have materially breached this Agreement, and this Lease shall be subject to immediate termination. 7. OWNERSHIP OP IMPROVEMENTS: All buildings, improvements id facilities, exclu- sive of trade fixtures, constructed or placed on the property by Lessee must, upon completion of construction or installation, be free and clear of all, liens, claims or liability for labor or material, and at the option of Lessor, shall become property of Lessor at the expiration of this Lease, or earlier termination thereof. Lessor retains the right to require Lessee, at Lessee's cost, to remove all improvements, placed on the property by Lessee, at the expiration or termination of this Agreement. 9 �• _� c�i :'mot. '. �i �; ��. "8_"rut �ik:.1�.k.4..�:i'hu YCte;t4,x2r.`�A'�;�3Py'r.ad ����L..3d+J�tir�F tle.i7:�'7n�4F1{kh-c�'6F.�S'.1'�7iM Es�iSif�tiY w,Y:nSy%•!i .=r ��.t:. f�:dt i��yM.»�:rt 8. UTILITIES Lessee shall be responsible for and pay, prior to i the delinquency date, all charges for utilities supplied to the property and structures or improements thereon. 9. MAINTENANCE OBLIGATIONS OF TENANT Lessee agrees to maintain the property and all improvements constructed thereon in good order and repair, and to keep said premises in a neat, clean, orderly, safe, and sanitary condition. This includes, but is not limited to, the prevention of accumulation of any refuse or waste materialu which might constitute a fire hazard or a public or private nuisance. Failure of Lessee to properly maintain and repair the property and improvements shall constitute a material breach of the terms of this Lease. 10, DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS In the event of damage to o destruction of Lessee's buildings, facilities, or improvements located on the property or in the event Lessee -constructed buildings, facilities, or improvements located on the property are declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce such declaration, Lessee shall, within 30 days, commence and deligiently pursue to completion the repair, replacement, or reconstruction of. improvements necessary to per- 10 r .4 mit full use and occupancy of the property for the purposes required by this Lease. Repair, replacement, or reconstruction of improvements within the property shall be accomplished in a ' manner and according to plans approved by Lessor as otherwise provided herein; termination of this Lease shall not reduce or nullify Lessee's obligation under this paragraph. 11. INSURANCE Lessee shall maintain insurance, acceptable to Lessor, in full force and effect throughout the term of this Lease. The policy or policies of insurance maintained by Lessee shall provide the following limits and coverages: (a) Liability insurance: Coverage (1) Bodily injury -each person $1,000,000 (2) Bodily injury -each occurrence $3,000,000 (3) Property damage $ 500,000 (b) Fire & Extended Coverage: Not less than 901 of the cost of replacement of all insurable improvements within the property. Water damage and debris cleanup provisions shall be included. Insurance shall be in force the first day of the term of this Lease. 11 X•.��'�c�Y'4'[v�fi�ii�i��1:(r�j,1�i'f�F�'�'��.a�,��:�.+'. L Each insurance policy required by this Lease shall contain the following three clauses: A. "This insurance shall not be cancelled, limited in scope of coverage or nonrenewed until after 30 days' written notice has been given to the County of Orange, General Services Agency/Real Estate Division, P.O. Box 4106, Santa Ana, California 92702, and to the City of Newport Beach, c/o City Attorney's Office, 3300 Newport Blvd., Newport Beach, California 92663" B. "It is agreed that any insurance maintained by the County of Orange or the City of Newport Beach will apply in excess of, and not contribute with,• insurance provided by this policy." C. "The County of Orange and the City of Newport Beach are added as additional insureds at or from the property leased from the County of Orange and the City of Newport Beach." Lessee agrees to deposit with Lessor, at or before the effective date of this Lease, Certificates of Insurance or Endorsements, necessary to satisfy Lessor that the insurance provisions of this Lease have been comnplied with and to keep such insurance in effect during the entire term of this Lease. Lessor shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of Lessor's Risk Management Services, the insurance provisions in this Lease do not provide adequate protection for Lessor and for members of the public using the property, Lessor may require Lessee to obtain insurance sufficient in coverage, form and amount to provide adequate pro- 12 �M*�+� ..-t�, .7 i.1,. ��. .r ... ,y;w,%�tt w.�S+.�Sf+..g3 t_i�..i'y 4�t, L'l�x:f�.f,. .,'A'Jh�. ..�:Y:c �, fr Stila .: Yt+., A.+'.stir r.�.i!u✓"7�`�V..Un~ri tr4.S art�ll'+:�il�}�kr�rd"�,�s;'::��, .�,y tik+..ft..l r+. �d l'� tec.tion. Lessor's requirements shall be reasonable but shall be designed to assure protection- from and against the kind and ex- tent of the risks which exist at the time a change in insurance is required. Lessor shall notify Lessee, in writing, of changes in the insurance requirements, and if Lessee does not deposit copies of acceptable insurance policies with Lessor, incorporat- ing such changes within sixty days of receipt of such notice, Lessee shall be in default; and Lessor need not provide notico of default and Lessor shall be entitled to pursue, all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit Lessee's liability hereunder not to fulfill the indemnification provisions and requirements of this Lease. Notwithstanding said policy or policies of insurance, Lessee shall be obligated for the full and total amount of any damage, injucy or logs caused by Lessee or its agents, officers, employees or representatives, resulting from any act, or failure to act, whether intentional, negligent or otherwise, arising out of or in any way connected with this Lease or with occupancy and use of the property by Lessee, its officers, agents, employees, subtenants, licensees, patrons or visitors, except liability arising out of the sole negligence of Lessor. at .- .. � -' .. � � �.;. „+, z., ?�a-��k�v�j;�`.7U�-� ,,a'• t�+�►'�rrePF^r+� .�S�':6�s:� `�.�:�k1txT��'aLs.�*,'Kl 'L ��::d.X i ,r 12. ASSIGNING, SUBLETTING AND ENCUMBERING PROHIBITED Any mortgage, pledge, hypothecation, encumbrance, transfer, sublease or assignment (hereinafter in this clause referred to collectively as "Encumbrance") of Lessee's inteest in the property, or any part or portion thereof is prohibited. 13. EMINENT DOMAIN In the event the whole or part of the property or improvements is condemned by a public entity in the lawful exer- cise of the power of eminent domain, this Lease shall cease as to the part condemned upon the date possession of that part is taken by the public entity. If only a part is condemned and the taking of that part does not substantially impair the capacity of the remainder to be used for the purposes required in this Lease, Lessee shall continue to be bound by the terms, covenants and conditions of this Lease. If only a part is condemned and the taking of that part substantially impairs the capacity of the remainder to be used for the purposes required in this Lease, Lessee shall have the election oft (a) Terminating this Lease and being absolved of obligations hereunder which have not accrued at the date possession is taken by the public entity; or 14 i •7 I �tl ..._j, llt. �. :/AI.'1.111��'JYIs EF ? �vt. �. }' �_r�i`«7, :u+' e' ,LS r''.�ii i•,3+.1'a.::T.,tiiA"'^`:'#hf13i_�'-�?�i�9.,C+�rx.'.�:.', o, �,••�'.' (b) Continuing to occupy the remainder of the property and remaining bounds by the termas covenants and conditions of this Lease. ' Lessee shall give notice in writing of his election hereunder, within 30 days of the date possession of the part is taken by the public entity. . Lessor shall be entitled to receive and shall receive all compensation for the condemnation of all or any por- tion of the property by exercise of eminent domain. 14. FACILITY MANAGEMENT PLAN The purpose of Lessor for entering into this Lease is -to promote the development of marine -oriented facilities, programs and services, all to satisfy the needs of the general public. In furtherance of that purpose .and to ensure that the operation -of the facility.is in accordance with the intent of the Lessor, Lessee shall submit a Facility Management Plan to the Director of Packs, Beachs z Recreation for the City of Newport Beach. The facilities shall be operated and administered in accordance with the Facility Management Plan, which shall be approved by the Parks, Beaches i Recreation Director of the.City of Newport Beach. The Facility Management Plan, shall, at a minimum, include the following: TI 15 ii �;` t.,�) �{ �..-4 C tt�t F Y} {r i�'YiL:'f�.ia�rxiG'k �j�, �&Tli+1h�'.JO"e`t.`�3'jliy` ti k1' (a) The programs, services and activities to be offered to members of the general public by the facility; ' (b) The nature of any membership program pursuant to which any dues or fees are charged by Lessees (c) The hours of operation of the facilitys (d) ,The portions of .the facility that are avail- able for use by Leonora for the conduct of public recreation programs, together with the days and times that such space will be avail- ablel (e) Such other provisions as the Parks, Beaches & Recreation Director considers necessary to ensure that the facility is 'operated and main- tained in accordance with the purpose of this Agreement. 15. PERMITS AND APPROVALS Lessee shall be required to obtaln any and all Permits, Licenses or approvals that may be required in connection .6 with the construction, maintenance, or operation of the structures and improvements on the property including, but n of limited to, approvals and•Permits from the following agencies: 16. ,t S�' t -�. 1�t �-' di K i4.tili a%Fi J.. i1. t , •kr. :ri , r,'. ri.. th t �} •, v:�,,1,r�V .s�1`h�ta-.•-�?skk'Ll''to';<, s, j-ra_''�cF i:�i';'."4i��"M1a'�+ rrr';4?".aS-�,:.T:.w)'$uY?*fd: d4.a;.d.• ,.it.`u3•.e`a1ru.�i�,Cd�:h (a) The City of Newport Beach (Planning CommisciOn s Planning & Building Departments); (b) The County of Orange (Board of Supervisors, Real Property Service and Harbor Department); (c) The California Department of Fish & Game; (d) The California Coastal Commission; (e) The California Regional Water Qu&lity Control Boards; (t) The Army Corps of Engineers; (g) The United States Department of Fish & Wildlife; (h) The United States Bureau of Sports Fisheries. 16. UNLbWPUL USE: Lessee agrees that no improvement shall be erected, constructed or operated on the property, nor any business conducted on the property in violation of the terms of this Lease, or of any regulation, order, law, statute, bylaw, charter provision or ordinance of any Governmental agency having jurisdiction. Lessee further agrees not to construct, maintain, or allow any sign upon the property, or improvements thereon, except as approved by Lessor, and further, such sign must be in compliance: with the provisions of Chapter 20.02 of the Newport Beach Municipal Codn. Lessee also agrees not to discriminate 17 •'rh .iry .lf :, ii'�t+'S��rra�. .i t,;+ _'�,'�. ?.� .i� �. 'rl �':L"+,=r.�. 1� *Per,^•.•-1+y}i'&�'.k�k..�+�'.�ir�.�k):f'tyal>^.i��.n-�:-i�,�-*'+.% ai'i's �y•�Y*1 ,r+--icii� against any person or class of persona by reason of sex, color, race, creed, national origin or age. Lessee shall make all of its services, programs and facilities available to the public on fair and reasonable terms. 17. INDEMNIFICATION Lessee agrees to indemnify and hold harmless Lessor, its officers, agents, employees and representatives, from and against any and all claims, ••demands, losses, legal and investigation expenses, or liability of any kind or nature which Lessor or its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner related to this Lease, or with the occu— pancy and use of the property or improvements thereon by Lessee or its officers, agents, employees, subtenants, licensees, i patrons or visitors, except liability arising out of the sole negligence of Lessor or its officers, agents, or employees. 18. TAXES AND ASSESSMENTS This Lease may create a possessory interest which is subject to the payment of taxes levied on such interest. It is understood and agreed that all taxes and assessments, includ— ing but not limited to said possessory interest tax, which become due and payable upon the property or improvements thereon or upon 18 _. i _�:;';�, i J �,.. ,.',+ °;Y t� ; c 1.�:)�?,N �S:tu�'%-i„'t'ii�i*i'iLJ+: i a._ .t't, �� •. ' ..` `. ,aiff'L%�Y Y� �F �^ ar ti, u'''��fi.M *' "K 1. WO5i1l fixtures, equipment c:r other property Installed or constructed thereon shall be the full responsibility of Lessee, and i►assee shall cause said taxes and assessments to be paid promptly. 19. INSPECTION Lessor or its authorized representative shall have. the right at all reasonable times to inspect the property to determine if the provisions of this Lease are being complied with. 20. SUCCESSORS -IN -INTEREST Unless otherwise provided in this Lease, the terms, covenants and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto, all of whom shall be jointly and sever- ally liable hereunder. 21. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, -restrictive Governmental laws or regula- tions, or other cause without fault and beyond the control of the party obligated (financial inability excepted), performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. However, noth- 19 tp, �.rli ljtl}.:; k , •.' . �i .. af,+'�Rrt i Jti�XX,, � �FA y:* �, ter �.i.� �'i �'t� �c.� _ r �,C r5.✓ 6� � � ; ,`t � ; S• 't � I4,, .. + ... .. Y' - St�is.�kN'.h�lt i1C r �S7'+.�T4•x: �adY,:7...w-'t4lrf �.ti.or.F`'FiIr�YSN:l�;llc�ir'��ii�iu•tll+'ti�;7fi �i`«�kji��+. �✓��.� =+.,.ti:.'-.. �s _ .s.�tti ',f. ing in this clause shall excuse Lessee from the prompt payment of any rental or other charge required of Lessee, except as may be expressly provided elsewhere in this Lease. , 22. PARTIAL INVALIDITY if any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall, in no way, b e affected, impaired or invalidated thereby. 23. WAIVER OF RIGHTS The failure of Lessee or Lessor to insist upon strict performance of any of the terms, covenants or conditions of this Lease shall not be deemed a waiver of any right or remedy that Lessee or Lessee may have, and shall not be deemed a waiver of the right to require strict performance of all of the terms, covenants and conditions of the Lease thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Lease. 24. DEFAULT IN TERMS OF LEASE BY LESSEE Should Lessee default in the performance of any covenant, condition or agreement contained in this Lease, and such default is not corrected within a reasonable time (as deter- mined by Lessor) after Lessee receives written Notice of Default from Lessor, Lessor may: 20 � � .�'7�J E i,r!:, b � '�'.ir.'A y'-,'1?; s .Yr/.4'4,:�.� `,t�.yl::rgS�k7?,'1ir� J, lP�;�*�� :r�i��t .i�,i..°. °. F. ° � `{'-1 t,- .. rb� .:..t°..a �„+r%.nl�aSaEkYkus t�.i.Y4v:� ��f„�fi°3'�!^I� � �'t':'. � ... • .;=.t� (a) Terminate this Lease. All rights of Lessee and those who claim under Lessee, stemming from this Lease shall end at the time of such terminations or (b) At Lessor's sole option, cure any such default by performance of any act, including payment of money and add the cost thereof, plus reasonable administrative costs, to the rent. 25. COSTS OF SUSTAINING AN ACTION FOR BREACH OR DEFAULT In the event either Lessor or Lessee commences legal action against the other, claiming a breach or default of this Lease, the. prevailing party in such litigation shall be entitled to recover from the other costs of sustaining such action, including reasonable attorney's fees as may be determined by the Court. 26. RESERVATIONS TO LESSOR The property is accepted as is and where at by Lessee, subject to any and all existing easements and encumbrances. Lessor reserves the right to install, lay, con- struct, maintain, repair and operate such sanitary sewers, drains, storm water sewers, pipelines, manholes and connections; water, oil and gas pipelines= telephone and tele- graph power lines and the appliances and appurtenances necessary or convenient in connection therewith in, over, upon, through, across and along the property or any part thereof, and to enter 21 to ,-.. +rti ,'•;..'h, r `i"q,..J b:(, rs +, i+'4+ I?5 �.�..`t� h 'ii Pi. ,•Te •..i .. d.!i1. . nG?t",l.t J: +•t.;. :a _.;.�.. . o.;. the property for any and all such purposes. Lessor also renervas the right to grant franchises, eAsements, rights -of -way and per- mits in, over, upon, through, across and along any and all por- tions of the property. No right reserved by Lessor in this clause shall be so exercised as to interfere unreasonably with Lessee's operations hereunder or to impair the security of any secued creditor of Lessee. Lessor agrees that rights granted to third parties by reason of this clause shall contain provisions that the sur-' face of the land shall be restored as nearly as practicable to its original condition upon the completion of any construction. Lessor further agrees that should the exercise of these rights temporarily interfere with the use of any or all of the property by Lessee, the rental shall be reduced in proportion to the interference with Lessee's use of the property. 27. QUITCLAIM OF LESSEE'S INTEREST UPON TERMINATION Upon termination of this Lease, for any reason, including but not limited to, termination because of default by Lessee, Lessee shall execute, acknowledge and deliver to Lessor, within 30 days after receipt of written demand therefor, a good and sufficient Deed, whereby all right, title and interest of Lessor in the property is quitclaimed to Lessor. Should Lessee fail or refuse to deliver the required Deed to Lessor, Lessor may 22 ... e prepare and record a Notice, reciting the failure of Lesseo to execute, acknowledge and deliver such Deed and said Notice shell be conclusive evidence of the termination of this Lease and of ' all right of Lessee or those claiming under Lessee in and to the property. 28. LLSSOR'S RIGHT TO REENTER Lessee agrees to yield and peaceably deliver possession of the property to Lessor on the date of termination of this Lease, whatsoever the reason for such termination. Lessee agrees to yield and peaceably deliver possession of the property to Lessor on the date of termination of this Lease, whatsoever the reason for such termination. Upon giving written notice of termination to Lessee, Lessor shall have the right to reenter and take posses- sion of the property on the date such termination becomes effec tive-without further notice of any kind and without institution of summary or regular legal proceedings. Termination of the Lease and reentry of the property by Lessor shall, in no way, alter or diminish any obligation of Lessee under the Lease terms, and shall not constitute an acceptance or surrender, Lessee waives any and all right of redemption under any existing or 'future law or statute in the evnet of eviction from or dispossession of the property, for any reason, or in the 23 .fir 5e rT R, • v�.�,c�'+,�r,� i4 4 �,S I +•� a+8�+.. ee^:. *f'1 ,'S�r�n. 7wi� �t:6.+�1��++2�s`1;C+stTMc'•`;fi ,�- 4 event Lessor reenters and takes possession of the property in a lawful manner. Lessee agrees that should the manner or method employed by Lessor in reentering or taking possession of the property give Lessee a cause of actcion for damages, or in forc- ible entry and detainer, the total amount of damages to which Lessee shall be entitled in any such action shall be one Dollar. Lessee agrees that this clause may be filed in any such action, and that when filed, it shall be a stipulation of Lessee fixing the total damages to which Lessee is entitled in such an action. IN WITNESS WHEREOF, the parties hereto have executed this Ground Lease, the day and year first above written. LESSEE NEWPORT BEACH ACQUATIC CENTER, INC. By 24 . � _ _ � ,CTJr!k�%�-cl�Lk!'� ..- , ...! �� �:�i wt 5�.��•to LA 4 Y t � f c`� �.g.. �, i.,/ ,.rt f r ..� ', , rabrr -*o+��„c,.. ut..rPJ,�'..*,,,4..<�r-},,d•r,�vtu�1'k�'��'�?Sfxr�rgJr��w�+��C.iR)+�4�?ii�CS��;1��X`�Tv�.'�I�i"Z�='�';tin�' x�`o-� THE CITY OF NEWPORT BEACH AND NEWPORT AQUATIC CENTER, INC. GROUND LEASE THIS CROUND LEASE, entered Into t h i s oZ d a y of A�"±.an 198 , by and between*THE CITY OF NEWPORT B ,("Lessor NEWT AQUATIC CENTER, INC., a Non-profit Public Benefit Corporation, organized and existing under and by virtue of the laws of the State of California (referred to as "Lessee") is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the parties: A. Lessor is the owner, subject to a public trust, of approximately 12 acres of tidelands located 1n the City of Newport Beach and commonly known North Star Beach. B. In November, 1982, the qualified electors of the City of Newport Beach approved a Measure which granted the City Council the authority to lease property on North Star Beach for the construction of facilities to promote sports Involving human - powered watercraft. C. The property which Is the subject of this lease has been Identified as that portion of North Star Beach best suited for the construction of facilities to promote sports Involving human -powered watercraft. D. On September 6, 1984, the Planning Commission of the City of Newport Beach approved Lessee's application for a use permit (No. 3104, attached as exhibit "C") authorizing the construction of an 18,228 square foot structure that would provide facilities for human -powered watercraft, and their owners, Including boat storage, and multi -purpose' area and meeting room, a weight training room, small offices for the conduct and operation of facility, locker rooms, and such other facilities as may be Incidental to sports involving human -powered watercraft. In addition, permlttee proposed to construct a bulkhead along a portion of the beach frontage, build low Iying docks to serve only human -powered craft, landscape the propa:,ty, and provide appropriate public parking, restroom facilities, and access to the beach. E. On February 14, 1985, the California Coastal Cocnmisston approved Lessee's application for a Coastal Development Permit authorizing the construction of the Aquatic -I- �CY,1 Center. (See Coastal Development Permit No. 5-84-7E6-Exhibit "D.") F. The property is subject to restrictions, Including, but not limited to, limitations specified In Chapter 415, Statutes of 1975 the Grant Deed from the County of Gunge to the City of Newport Beach and (conveying an undivided one-half Interest in the property) and the limitations commonly Imposed on public tidelands. Lessor has determined that the proposed Aquatic Center, and the uses to which It will be put, are consistent with the IImitations and restrictions imposed on the property; G. The residents of Newport Beach and the County of Orange will derive substantial benefit from the construction of the Aquatic Center l.n that: 1. Newport Harbor' has Ideal water condltlons for the training and development of world -class rowers, canoers, and kayakers, but no facility currently exists to accommodate these athletes and there Is currently no organized publlc program for these specific water sports outside collegiate programs. 2. Construction of the Aquatic Center will provide a facility for world -class athletes, as well as encourage and provide for public participation In human -powered aquatic sports at all levels of ability; 3. A portion of the Aquatic Center will be available for use by members of the general publlc on a daily basis and also will be available for use by the City of Newport Beach. H. The County of Orange, pursuant to a Joint powers agreement, has given the City of Newport Beach the power to execute this lease on its behalf. NOW, THEREFORE, the parties hereto agree as follows: 1. LEASED PREMISES Lessor hereby leases to Lessee, subject to the terms of this Agreement, the 3.9+/- acre parcel legally described on Exhiult "A," and depicted on the map -:cached as Exh;blt "B" (the "property"). -2- -,. _ �..t -.t �..:''•`., .�. �.• ..�,. f.x c: t .� ,";.�.f <�3'. ✓�.t {$.41#�kL:f�. 1 t wr{.�: �. r .. ,. � _ �•�..,...1 +�-•-7 i1i4f'^v.• �x:'.i 4:; �. 2. TERM The term of this Lease shall be twenty-five (25) years, unless sooner terminated as provided herein. The term of the lease shall commence on the first day of the first full calendar month after each of the following conditions has been satlsfieds A. The Lease has been executed by Lessor and Lessee; B. Lessee has applied for a building permit for the construction of at least 35% of the floor area permitted by Use Permit No. 3104 and for construction of any and all Improvements or facilities relating to the construction of phase 1 (as defined In Paragraph S.A. and required as conditions to Use Permit No. 3104 and conditions 2-6 of Coastal Development Permit 5-84-786; C. Lessee has complied with all conditions to the approval of Use Permit No. 3104 and Coastal Development Permit No. 5-84-786, Including, but not limited to, permits from other public agencies, and the solls, hydrology and related studies; D. Lessee has submitted an Agreement, signed by a general contractor licensed as such by the State of California, committing the contractor to complete at least Phase 1 of the project on or before March 1, 1088. E. Lessor has received a bond guaranteeing performance of the contract required by the provisions of subparagraph D. The bona guaranteeing performance of the contract In a timely and workmanlike manner In the event contractor falls or refuses to perform In accordance with the contract. Lessee must satisfy each of the conditions precedent to the commencement of the term of the lease within twelve months of the date of execution. 3. USE RESTRICTIONS/CONDITIONS This Lease Is subject to all of the conditions, covenants, rbatrletions and 'Limitations of the following: A. City of Newport Beach Use Permit No. 3104; -3- B. Coastal Commission Development Permit No. 5- 84-786; C. The Grant Deed from the County of Orange conveying to the City of Newport Beach an undivided one-half Interest in the property and recorded March 13, 1978 In Book 12594, Page 990, Official Records of the County of Orange. D. The provisions of any and all Statutes of the California Legislature granting any portion of the property to the City of Newport Beach or County of Orange. E. The Joint Powers Agreement between the City of Newport Beach and County of Orange (attached as Exhibit "E.") F. Lessee shall permlty and provide for, public access for activities permitted under the Tideland Grants, Including fishing, to the extent those activities do not Interfere with the activities and programs conducted by Lessee. 4. CONSIDERATION The consideration for this Agreement shall be the construction of an aquatic center by Lessee, at no coat to Lessor, the continued maintenance and operation of this facility for the term of the Lease at no cost to Lessor, the commitment of Lessee to utilize the fact llty as an aquatic center for the advancement of marine -oriented athletic and recreational programs and activities, and the right of Lessor to utilize the facility. 5. CONSTRUCTION BY LESSEE A. Pro ecti Lessee shall have the right, at Lessee's sole cost and expense, to construct a facility consisting of no more than 18,228 square feet, Inclusive of boat storage areas, weight training rooms, men's and women's locker rooms, multi -purpose assembly room, facility and public restrooms, and other uses, all as shown on the plans and specifications submitted by Lessee to the City of Newport Beach and California Coastal Comnlsston in conjunction with the approval of Use Permit No. 3104 and Coastal Development Permit No. 5-84-786. Lessee shall construct, at Lessee's sole cost and expense, at least 83 parking spaces, an access road, and other Improvements as are shown on the plans for Phase I attached to this lease as Exhibit "F." Lessee may al, so construct, at Lessee's sole cost and expense, a staging area, dock and bulkhead, to the extent permitted by Use Permit No. -4- 3104, subject to whatever restrictions may be imposed by any agency having jurisdiction over such construction. B. Phasing/Phase 1: The project may be constructed In no more than three phases. Phase 1 shall consist of 8,107 square feet of building area, 64 parking spaces, staging area, ramp, duck and accesss road all as described In, shown on, the plans and specifications attached as Exhibit "F." Construction of subsequent phases shall not commence until Lessor has, with respect to each phase, compiled with the provisions of subparagraphs 2.C. through 2.E. C. Construction Schedule: r r'instruction of phase i shall commence within ninety (90) days from the effective date of the lease and shall be diligently pursued to completion In accordance with the schedule submitted by lessee or lessee's contractor, and approved by the Building Director of the City of Newport Beach. The time for completion of any phase of construction may be extended In the event of strikes, acts of God, or other events beyond the control of lessee, but shall not be extended due to financial problems. Failure to timely commence construction, or failure to diligently pursue completion of any phase shall be considered a material breach. D. Permits and Approvals: Lessee shall be required to obtain, prior to commencing any phas., of construction, all permits, licenses or approvals that may be required In connection with that particular phase, Including, but not limited to, approvals and Permits from the following agencies: (1) The City of Newport Beach; (2) The County of Orange; (3) The California Department of Fish do Game; !S1! The California Coastal Commis -ion; (5) The California Regional Water quality Control Hoards; -5- !5�'�' ... ,.: 4... s--�...H ,.. ��'i��_ci^f�ar�'. �,fi'�+4.�L�eAr..r dl.�rte �- F.i �t�. �7��r�.iiN�7i-:,:�:��:'r.��1':�.�ti.+i'•a}M7�wili�ilW'�;y3: ���t ''�4; „�;n _�t �'�+L 'Rt 3_a i-�c';t (6) The Army Corps of Engineers; (7) The United States Department of Fish be Wildlife; (8) The United States Bureau of Sports Fisheries. E. Completion Bond/Letter of Crediti In the event the contract performance bond provided pursuant to the provisions of paragraph 2.E. of this lease becomes Invalid, or unenforceable, for any reason, Lessee shall provide Lessor with a substitute letter of oredit or completion bond wlthin .five (5) days from the date on which Lessee becomes aware of the Invalidity or unenforceability or the bond or letter of credit or, written notice from Lessor, whichever first occurs. Any substitute bond or letter of credit must comply with the standards specified In paragraph 2.E. of this lease. F. Prior Written Approval; No structure or Improvement of any klnd shall be erected or maintained on the property unless and until plans, specifications, and proposed location of the structure or Improvement have been approved, In writing, by Lessor. C. Notice of Non -Responsibility, Lessor shall have the right, at any time, to post and maintain on the premises, and re^^rd, as required by law, any notice or notices of non -responsibility provided for the Mechanics' Lien laws of the State of California. H. Licensed Contractors: All work required In the construction of any phase of the Aquatic Center, Including site preparation, work, landscaping, utility installation and similar work shall be performed only by competent contractors duly licensed as such under the laws of the State of California and pursuant to written contract between the contractor and Lessee. Unless otherwise specified by the Building Director and Public Works Director of the City of Newport Beach, each contract with a general contractor shall provide that the final payment under the contract shall be In an amount equalling at least 10% of the full -6- amount payable and shall not be paid following, whichever last occurs: to contractor until the ( I ) The expiration of 35 days from the notice of recording by Lessee of a notice of completion of the building, with Lessee agreeing to record the notice promptly within the time specified by law; or (2) The settlement and discharge of all liens of record claimed by persons who supplied other labor or materials for the construction of the project. 6. CONSTRUCTION/ALTERATION BY LESSEE (1) Lessor's Consent: No structures, improvements, or facilities other than as prci!ded In phase I, shall ba constructed or altered by Lessee without the prior written consent of the Building Director of the City of Newport Beach. Any conditions relating to the manner, method, design and construction of the structures, Improvements or facilities imposed by Lessor shall be considered conditions of this Agreement as though originally stated herein. In the event that any construction or alteration of facilities, structures or Improvements requires any discretionary approval of any Board or Commission of the City of Newport Beach, any conditions imposed by such Board or Commission relating to the manner, method, design and construction of the structures, Improvements or facilities shall also be conditions of this Lease. (2) Strict Compliance: All Improvements constructed by Leanee on the property shall be constructed in strict compliance with the plans and specifications approved by the Building Director of the City of Newport Beach. (3) Mechanics Liens or Stop Notices: Lessee shall, at all times, indemnify and hold Lessor harmless from any and all claims for labor or materials In connection with the construction, repair, alteration, or installation of the structures, Improvements, equl;..ent or facilities on the property, and from th^ costa of defending against such claims, Including reasonable attorney's fees. In the event any lien or stop notice Is Imposed or recorded on the property as a result of the construction, repair, _q_ C Alteration of the facility, Installation of any equipment Shall, w, Lessee -within thirty (30) days from the filing of the lien o stop notice: i• Record a valid release of lion or stop notice; il. Deposit sufficient cover the amount of cash with Lessor tothe claim or lien or stop notice in question and authorize payment to the extent of said deposit to any person or entity that obtains any judgment with respect to said claim or lien or stop notice; or Ill. Procure and record a Bond In accordance with the provisions of Section 3143 CCp, which trees the property from the claim Of lien or stop notice and from any action brought to fc:ec£ose the lien or stop notice. provisions Lessee's failure to comply with the maternal breach this paragraph, shall be considered to be a termination , and this Lease shall be subject to immediate , pursuant to the provisions of Section 23 of this Lease. T. 0WNERSHIP OF IMPROVEMENTS: All bu'ldings, improvements and facilities, exclu- sive of trade fixtures, constructed or placed on the property by Lessee must, upon completion of construction or the Property lation, be free and clear of all liens, claims or liability for labor or material, and shall become property of Lessur and the County of Orange at the expiration of this Lease, or earlier termination thereof. Lessor retains the right to require Lessee, at Lessee's cost, to remove all Improvements, placed on the Lessee, at the expiration or termination of this Lease subject to the provisions of paragraph 13 of this Lease. 8. UTILITIES Lessee shall be responsible for and the delinquency date, all charges for utilities suppliedrtorthto e property and structures or Improvements thereon. 9. MAINTENANCE OBLIGATIONS OF LESSEE Lessee agrees to maintain the property and all -8- Improvements constructed thereon in good order end repair, and to keep said premises In a neat, clean, orderly, safe, a condition. This Includes, but is not limitto, thend sanitary rention of accumulation of any refuse or waste materials which emight constitute a fire hazard or a public or private nuisance. Failure of Lessee :o properly maintain and repair the ert and Improvements shall constitute a material breach of the oterms of this Lease. 10. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS In the event of damage to or destruction of Lessee's buildings, facilities, or Improvements located on the property or in the event buildings, facilities, or Improvements located on the property are declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce. such deciaratizn, Lessee shall, within. 120 days, commence and deligently pur?un to completion the repair, replacement, or reconstruction of the structure or Improvements necessary to per- mit full use and occupancy of the property for the purposes required by this Lease. Repair, replacement, or reconstruction Of improvements within the property shall be accomplished In a manner and according to plans approved by Lessor. 11. INSURANCE Lessee shall maintain Insurance, acceptable to Lessor, In full force and effect throughout the term of this Lease. The policy or policies of Insurance maintained by Lessee shall provide the following limits and coverages: A. Liability Insurance• Covera e combined single limitl,,0whtch0; s Bodily injury -property damage nce first day of the term of this Lease. shall be In force on the B. Fire & Extended Covera e: Not less than 90% of the cost of replacement of all Insurable improvements within the property. Water damage and debris cleanup provisions shall be Included. C. Insuretrice shall be In force the first day of the term of this Lease. D. Each Insurance policy required by this Lease shall contain the following three clauses: 1. "This insurance shall not be cancelled, -9- limited In scope of coverage or nonrenewed until After 30 days' written notice has been given to the City Manager of the City of Newport (leach, c/o City Attorney+s Office, 3300 Newport Blvd. Newport Beach, California 92663" + 2' "it Is agreed that any Insurance maintained by the County of Orange Newport Beach will apply In excess ofnot policy." , and or the city of Contribute with, insurance provided by this 3• "The County of Orange and the City of Newport Beach are added as additional Insureds With respect to all operations or activ}tles of the named Insured at or from the " provided, however, •this' language shalPro pert y, required as a part of any lnritrance not be by a contractor for fire and policy carried during construction of an extended coverage y phase. E• Lessor shalt retain the right , at an to review the coverage, form, and amount of the y time, required hereby. If, In the opinion of Lessor, uate the Insurance provisions in this Lease do not provide reasonablyInsurance protection for Lessor, based upon loss experience and/or theadekindand extent of the risks which then exist, Lessor may require Lessee to obtain additional Insurance In such amount as necessary. changes F. Lessor shall notify Lessee, in writing, of in the Insurance requirements, and If Lessee doesnot deposit copies of acceptable Insurance Incorporating such changes within thirty days ofere eiipt ofasuch notice, Lessee shall be In default. G. Any and all fire, extended coverage or other Insurance proceeds that become term at this lease because of damageblto, aor�destructiontime ro! the any building or Improvement on the property, shall be Paid to and applied by Lessee towards cost of repairing and restoringsthee damage or destroyed buildings or improvements as provided In paragraph I0 of this lease. red Policies of in uran eheshall^�not beoconst uedsuchetoE limit Lessee's liability hereunder nor to fulfill the Indemnification and requirements of this Lease. Pricy or ovisions -10- -S1Srler 12 . ASS IGNI:IG 5UBLE'I"I'ING AND ENC A,1HERlNp pIi0H1 H ITED encumber, Lessee shall not mortgage, pledge, hypothecate, transfer, sublease or assign its interest in this lease, the property, or any structure located on the The reasons for the prohibitions specified In this psr4grapb Include, but are not necessarily 1lmlted to, the following: A. The property consists of tidelands subject to a public trust for s or conveyed by LESSOR. The assignment orof the dtransfer not be transferred Center's interest In this lease could violate the reatrletion or transfer. B. Lessor's Power to enter into this Lease has been granted by vote of te Agreement, (attached as Exhibit "Ep)�pand Lessorhs Joint Powers se the property Is— limitedower to promoting sports to non-profit corporations Involved sin Involving human -powered watercraft. assignment of the Lease or encumbrance of the Any ertInconsistent with the authority conveyed by the electoratcould e; be was formed, and. 1lmttatioasgiven tre Purposes for which Lessee articles of Incorporationhas power as specified in its comply With the terms and conditions ofs thiseLeaset andsrelawill ted approvals, than any other entity or organization, 13. EMINENT I)O A I N In the event the whole or part of the Improvements is condemned by a public entity in the lawtulrexerr else of the power of eminent domain, this Lease shall cease .as to the part condemned upon the date possession of that part is taken by the public entity. ' I y & partl15 condemned and the taking of that part does not subst mpair to be used for the y require the capacity of the remainder in thiscontinue to be boundurbys thetrms d covenantsLesseethis Lease. sand �condi tionaaof If part substantfalt only a part is condemned and the taking of that pusedart for the y Impairs the capaelty of the remainder to be Purposes required in this Lease, Lessee shall have •.the election oft -11- .._ ., a•:.., r'r.A.r�,- f �a .i _a�ri ,l�:d 'l.Er t' . .r il) Terminating this Lease and being obligations hereunder which hayabsolved of at the date possession is taken not accrued b entity; or y the public (2) Contl.nuing to OCCUPY the remainder of the covenantroperty a nd remaining aa d conditions bounds Lease terms, e. Lessee shall give notice in writing of his election hereunder, within 30 days of the date possession of the part is taken by the public entity. receive all compensationshall tor the condemnation receive tion of the and shalt property by exercise of eminent domainall or any por_ Lessee shall be entitled to receive receive all compensation for the condemnation of ailndorshall Portion of the lmprovements constructed by Lessee on the leased premises by the exercise of eminent domain. 14 . FAC I L I TY NMA -,EME T PLAN Is to The purpose of Lessor for entering into this Lease watercraft, as welldaselfacilitof ties sports involvingh �n•powered thereto, all to satisfy the needProgram andgenservices related s furtherance of that purpose aic. In r,i to ensure that the olperation of the facility Lessee shall is in accordance with the intent of the Lessor, ll submit Director of Parks, Beaches do Recreation for the City o� t to the Beach for approval . The facilities shall be operated and administered in accordance with the approved FMP. The FMP Yehwpor.., at a minimum, Include the following: offered to members orh�heprograms, services and activities to be general public by the facility; to which any dues orTfeesaareeOf ancharged bymP Program pursuant Lessee; C. The hours of operation of the facility; able for use D. The portions of the facility that are avail_ •programs, together�withrtherdayseandnduct Of times that able; recreation be available; pace will -12- E. Such other provisions as the Parks, Beaches & Recreation Director considers necessary to ensure that the facility is operated and maintained In accordance with the purpose of this Agreement. F. The right of City to modify the F'dp in the event of operation of the Aquatic Center Is Inconsistent with this lease, Use Permit No. 3104, Coastal Development Permit No. 5-84-786 and other applicable law, rule or regulation. Lessee shall sumbit the proposed FMP to Lessor within 120 days after the effective date of this lease. Lessee Is prohibited from using, or permitting others to use, the facility In any manner which Is not authorized by, or inconsistent with, the approved FW. The failure of Lessee to comply with the provisions of this paragraph after written notice by Lessor shall be considered a material breach of this lease. 15. UNLAWFUL USE: Lessee agrees that no Improvement shall ba erected, constructed or operated on the property, nor any business conducted on the property In violation of the terms of this Lease, ar of any regulation, order, law, statute, bylaw, charter provision or ordinance of any Governmental agency having jurisdiction. Lessee shall not construct, maintain, or allow any sign upon the property, or improvements thereon, except as approved by Lessor, and further, such sign must be in compliance with the provisions of Chapter 20.02 of the Newport Beach Municipal Code. Lessee shall not discriminate against any person or class of persons by reason of sex, color, race, creed, national origin or age. Lessee shall make all of its services, Programs and facilities available to the public on fair and reasonable terms. 16. INDEMNIFICATION Lessee hereby hereby waives and claims and recourse against Lessor, Including the right of contribution, for any loss or damage of or to persons or property in any way related to this agreement and Lessee's activities hereunder, except claims or liability arising from concurrent, active, or sole negligence of Lessor, or its officers, agents, employees or representatives. Neither y shall request uest a apportionment. p Jury Lessee agrees to Indemnify and hold harmless and -13- defend Lessor, Its officers, a ents representatives, from and against any and all elaprnsyedemandnd losses, damages, costs, liability of any kind legal and Investigation expenses, or agents or nature which Lessor or its officers and employees may sustain or Incur or 71hlch me be ! Upon them or any of them for Injury to or death Of y mPoaac1 damage to property as a result ofout Persona, or manner related to this Lease, or with arising occupaney� and use or In an the property or Improvements thereon b of Lessee's activities at a from thePropery Lessee, or any of agents, employees, subtenants, Itr.eneety' °r Its officers, neglexcept ltabllit arlsin out of the concurrent,o Active or sole negligence or yxilful misconduct of Lessor or Its ' or sole agents, or employees, officers, 17. TAXES AND ASSESSMENTS Is subject to theis Lease may create a'possessory interest which Is understood and greedtthat tall staxesi and Assessmened on such ts, Ing but not limited to said It due and possessory Interest tax, WhichbecomePayable upon the property or Improvements thereon or upon fixtures, equipment or otherProperty thereon shall be the full responsibility Installed Lesseor e, candtructtee shall cause said taxes and assessments to be paid promptly. 18. INSPECTION Lessor or its authorized representative shall have the right at all reasonable times to Inspect the determine {f Lessee is In compliance withthe terms and conditito ons of this Lease and Use Permit No. 3104. 19. SUCCESSORS -IN -INTEREST Unless otherwise provided In this Lease., the terms, covenants and conditions contained herein shall a 1 and bind the heirs, successors. executors, administrators and assigns of all the Pp Y to Parties hereto', all of whom shall be jointly and severally liable hereunder. 20. CIRCUMTANCES WHICH EXCUSE PERFORMANCE If either party hereto shall be delayed or ony ac prevented from the performance of at required hereunder by reason of acis of God, restrictive Governmental laws or regula- tions, or other cause without fault and beyond the control of the Party obligated (financial Inability excepted), performance of -14- i .. � .. .. �1� {�...r. ..');. _, ... .i-•. ., n i ;JY�Ar!'r �.jr�.,... ... .. i � J�...�..y' y't- such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 21. PARTIAL INVALIDITY If any term, Covenant, condition or this Lease Is held by a court of provision of competent Jurisdiction to be Invalid, void or unenforceable, the remainder of the hereof shalt remain In full force and effect and shall, in ono Tray, be affected, impaired or invalidated thereby. 22. WAIVER OF RIGHTS The failure of Lessee or Lessor to Insist upon strict performance of any of the terms, covenants of conditions of this Lease shall not be deemed a waiver of any right or remedy that Lessee or Lessee may have, and shall not be deemed a waiver of the right to require strict performance of all u1 the terms, covenants and conditions of the Lease thereafter, nor a waiver of any remedy for the subsequent broach or default of any term, covenant or condition of the Lease. 23. DEFAULT IN TERMS OF LEASE BY LESSEE Should Lessee default In the performance of any material covenant, condition or agreement contained In this Lease, and such default is not corrected within a reasonable time (as determined by Lessor) after Lessee receives written Notice of Default from Lessor, :Lessor may; (A) Terminate this Lease. All rights of Lessee and those who claim under Lessee, stemming from this Lease shall end at the time of such termination; or (B) At Lessor's sole option, cure any such default by performance of any act, reasonably_neceseary to cure such defaul t. DEFAULT 24. COSTS OF SUSTAINING AN ACTION FOR BREACH OR In the event either Lessor or Lessee commences legal action against the other, claiming a breach or default of this Lease, the prevailing party In such litigation shall be entitled to recover from the other .costs of sus tainIng such 'action, Including reasonable attorney's fees as may determined by the Court. -Is- 25• RESERVATIONS To LESSOR Lessee, suble The Property Is accepted as Is and eneumbrances,i any and a I I existing eastmentsatand encumbrances. Lessor reserves the right to install, Jay, maintain, repair and operate such sanitar Yr drains, storm water sewers, pipelines, manholes and y sewers, water, oil and gas pipelines; telephone and tel� onnections; lines and the appliances i;raph power convenient in connection theand appurtenances necessary or across and alongthe therewith in, over, property or any part thereof and to through, the property for any and all such the right to grant franchises purp^ses. Lessor also reserves mits in, over, upon, through,' easements, rights-ot-Nay and tions of the pro ert across and along any and all per - clause shall be so exercised asNO ht reserved to Interfere bunreasop par - clause operations hereunder or to Impair the Lessor in this secured creditor of Lessees. ably with security of any 26. i121.AIM OF LESSEE'S INTEREST UPON TERMINATION Upon termination of limited to, this Lease, Including but not terminatlort because of default b shall execute, acknowledge and deliver to Lessor, within 30 days alter receipt of written demand therefor, a y Lessee, Lessee Deed, whereby all right, title and interest of Lessor In the good and sufficient property is quitclalmed to Lessor, Should Lessee tail or refuse to deliver the required Deed to Lessor, Lessor may record a Notice, reciting the failure of Lessee to execute, acknowledge Y prepare and g and deliver such Deed and said Notice shall be conclusive evidence of the termination of this Lease and of all right of Lessee or those claiming under Lessee In and to the property. 27. LESSOR'S RIGHT TO REENTER Lessee agrees to yield and peaceably deliver possesslon of the property to Lessor on the date a ly des of this Lease, whatsoever the reason for such termination, termination on Lessee, Lessor Ushal l hgiving thewritten rfght tootice reenter and termination to ston of the property on the date such termination beeomestake peffee- tfve without further notice of any kind and without Institution of summary or regular legal Proceedings. .Lease and reentry of the proQert b Termination of the alter or diminish any obligation of Lessees under sor hthe fLease terms, and shall not constitute an acceptance or surrender. -18- ;,,' All notices required by this lease shall be deemed to have been given when deposited in the United States mail, first class, postage prepaid, and addressed as followrt LESSOR City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 LESSEE Newport Beach Aquatic Center 200 Newport Center Drive Suite 301 Newport Beach, CA 92860 this GroundINLeas WITNESS WHEREOF, the par t l es hereto have executed Y year first above written. AP By ATTEST —4ae Wanda Raggio City Clerk LESSEE NEWPORT AQUATIC CENTER, INC. LESS O -17- , `,i tas+a^•a �� , .. r F.:•t':?c.n4...;.✓i:: t � . i ''v 14� f �? �,y •� S S7• 071. 50.00'- i.r , I4Z.8 Ir AREA 3.887' ACRES 4r„JJ�t�ts►- ;y N81.19' 46•W ti ~ I81.S8' 44 i f 0 1 69•,,41' 00" W 59� S4 4 K� 38� 20• W • N' 4 °' 2 te n w .. N 44. 38' 20" E ' 43' UPPER NEWPORT BAY S 400 42' 440 W ' 2.10' 5 300 28' 39` w ''140.46' N 47! 07' Is— W `333.97' 38.33' 135:00' W'LY LINE O.R. 11688/1455 014813 OF BEARINQ3 PLAN PREPARED TO ILLUSTRATL, Luau DESCAIPTIQN ' OF LEASE AREA PQR • NLry►pORT NpeOAZ'R STAR BEACH CITY OR AQUATIC CENTER AT al�Iit OR"" fAL}tIORNIA: ` PORT BEACii COUNTY . et . EXHieff A /- 14- D000 O. STER .3. 4tl89 —'~` CH9. t'YCN. DATE 18 .. ......� 7y1�M.,,�+. 1 COMM:5910rfR5 xx �t o ` City of ROL L CALL septcber 6, 1964 Beach EXHIBIT NO. of the City, and further that the proposed pr^lect in terse of use# height, building floor area and setbacks is consistent with the IegislatLye Latent of Title 20 of the Municipal Code. 9. Adequate off-street parkinq and related vehicular circulation are being provided in conjunction with the proposed development. 4. The davelopment will •provide for both pabiic physical. and visual access to the bay. A S. That the beight of the structuxe is consistent with the proposed use and will ivat, adve..ely affect any public view. 6. That the project is generally consistent With the' ballot measure , approved by the electors' in Jve, 1982 allowinq the lease of North Star Beach for an Aquatic Center. 7. 'ghat the dosign of the subdivision or the proposed improvements will not conflict with any easeaants aequized by the public at large for access through or use of proper y within the proposed subdivi- sion. t S. That the size and use of the Aquatic Canf=. as approved by this Us* Permit represents the few extent of the authority granted to the City Pursuant to the approval of Proposition 0 in 1$t2. CONDITICISS I. That development shall be in substantial confor- mance with the approved plot plan, floor plan, and elevations except as noted bales. 2. That all improve -..ants be construetad as required by Ordinance and the Public Works Daparussnt. ]. That a standard ass permit agrwomant and accoapa- nyinq surety be provided if it is desired to obtain a buildlnq permit prior to cocplation of the public laprovarents. - a 4. That the on -site parking, vehicular circulation and pedsstriaA circulation systems be subjsc- to further review by the Traffic Lnginser. � EXHIBIT C � � COMMS55K>U5 . September 6, 1994 w s � Ci � o� t`i , :% -. = ' ►. ' ' City eri�port Beach WAL CAU . �NoEX S. That the design at the private drives confom with the City s Prioats Street Polity (L-4)► except as aPPtoVed by the Public Narks Department. The locstioft► width, configuration, and concept of the ' Private drive System shall be subject to further review and approval by the City Traffic L.-Vine*,. 6. That the inter+tection of the public street and proposed drive be designed to provide sight distance for a speed of 23 stiles per has slopes, landscaping, walls and other obstructions shall be considered in the sight distance require - slants. Landscaping vithin, the sight distance line shall , not exceed tventy-tour (24) inches in heightiThe eight distance requirements may be approxaataly modified at non -critical locations, subject to APPivvsl of the Traffic Engineer. 7. Handicap parking shall be provided to meet code and shall be marked in a manner acceptable to the Traffic tngineer. 8. That a hydrology and hydraulic study be prepared and approved by th"'PubliF Works Departwent, along with a masthr'plan of watery, sever and storm drain facilities for the on -sits improv,ents prior to issuance at any grading or building Permits. Any modifi or extensions to the existing storm drain., water and sewer systems shown to be required sha-'2 be the fisponsibilit-f ti developer. of the . �►. 9. That a legal description of the subjact Pro ✓ be Property prepared and approved pa by the Planning Depart meat, Building Department and Public Works Depart- ment prior to issuance of any grading or building permit. 10. That all proposed signs shall be in conformance with the provision • of Chapter 20.06 of the Newport Beach Hunicipal Code and shall be approved by the City Traffic ingineer it located adjacent to the vehicular ingress and egress. ' :1. A landscape and irrigation plan for the RrojeCt shall be prepared by a licensed lardsca -archi_�• tact. The landsca • ith and Phase the installation landscaping of landsca ing wiand , proposed construction schedule.prior to 12 COMMtSSCt4RS � a '9 i - 3 o t City of �; ROLL CALL Septosber 6, 1964 , M NUTES Beach occlWert a licensed landscipe architect shall cartifr to the Planning Department that the landscaping has been installed in accordance with the approved plan. 12. The landscape plan shall be subject to the revL4 Of the public Works Department, the Parks, seaches and Recreation Department, and the approval of the glanninq Department, 13. The landica pe plan shall include a maintenance program which controls, the pesticidesnas �f fertilizers and . 14. The landscape"plan shall place heavy emphasis on the use of drought-risistant native vegetation, and be irrigated with a -system designed to avoid surface runof- and overvaterinq. 25. That a minimum of 63 parking spaces be provided - * r the proposed development. These parking spaces hall be secured by. a chain or gate at the entrance on North,Star Lane in accordance with the operati g bours of the J 9 Itic Center. 16. That all • employees shall park their vehicle: on -site. 17. If a parking area for the :storage of boa! +�railers is provided, this parking 2911 be in addition to the 63 parking spaces required by the project. �• 19. That the m&xiaust height of the building not exceed 20 feet. 19. That the specific use and function of the facility be subject to further review and approval of the City as part of the ground lease and required Facilities management plan. 20. The Hours of operation ri21 be Baited to 6:00 a.n. to I0:00 P.M. daily, and that no outdoor programs will be, offared after the hour of 7:00 p.m. Only advanced training activities are Permitted between 6:00 a.m. and 7t00 a.a. % 22. that no now boat fabrication will occur on=site. I ✓ 1✓ = 2Z t% .1 t of City of ' Nevwport Bea ,I, kXDLL CALL I i [ t t N ML%VrES 22. Trailering of boats to or from the site shall occur only betvaen the Lours of 9soo a.m. and ds00• p.m. 23. No o+ezai ht ac on -site, other thaao�acor�dinat r apartment. eProvided •� 24. the cn-sits C60rdinstor staff shall be subject to the approval of the Parks, Beaches and Recreation Departiasnt- - A bomber of the on -site coordinator staff shall be on the premises at all t re s. The -coordinator shall have the authority to restrict Use of the facility to individuals with motor which are in conformanci*ritb'th� motor Vehicle Code. 25. The weight triininq facilities will be used by aquatic Program par_icipants, and will not available for independent weight training pro- 26. ' `Lgrains. 6utdoor boat storage shall be limited to seasonal•• storage of outrigger canoes. 27. Parkingllot lighting shah be desi qnsd in v inner as to conceal the light source and such minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared by a licensed Electrical Lnginggrt with a letter frog► the Engineer stating that' in his opinion this requirement has been met. 29. That the parking lot shall be secured by gates as shown on the approved site plan. The be locked.no later than 10s30 p_m, gates shall 29• The parking lot lighting shall be turned off no later than los3o p.m. on any day, and timing devices shall be installed and maintainvd to ensure that the lights are turned of at 10330 p.m. 30- Ito outdoor public address systems shall be permitted. 31. Restroors shall be made available to mazb*rs of the general public during the centeros hours of operation. 23 L.•� - COMANSSCU RS • -- septesber 6, 19914 . MtNt1TE5 City of Ne ,Vport Beach kou C:au � � ' 32. ' This else pewit shall expire unless .ezeraised within 36 months from the —� dart of approval. L 33. Construction of the project sin be . phased se ton as no part of the facilityY the constructed prior to boat storaQe facilit,. 34. That the Planning Comnissiori sin ' aanditions of as�or MoQifrr approval to this reclow a to the city Council the 'revocation, of this use'Permit. upon a deterMination that the apsration which is the subject of this use causes 'injury, or is datrissental' to the b@*lItht saf P*sc*, morals; oomfart, or tety,he general welfare -ofca==nitp.. . . 35. Construction of the bulkhead is subject to a proval of a Harbor Perait, ' and is also subjeat to the ap;�roval of the County of Orange, Harbor, -'- Beaches and Parks Department. 36. •';}fat an engineering a tttdy � ro the prepared to detaine. a respriate de PP sign for the bay frontage. - Bulkheads, rock "vetaents, or other facilities • zacoamet{dadiby } the studAl 11 be constructed to adequately protect the onsftt improve=ents. ret Aquatic Crater small agree to construe--, maintain, and repair the baysidt . facilities. She City or other public agencies shall have responsibility no to provide repairs to :acuities '- flooded or damaged by - erosion frays the bay and sdjacent drainage course, or to otherwise pratect" . the improvaoants constructed on the site. 37. The project shall comply with the tiniforzs Building • Coda grid all local Jlosntents, andthe City's seisaic design standards, • 38. The project shall comply with lations.for the hsndicapped. �! Seats rsgu- 39. Construction shall most the rarsuire'�ents of title 19 and 24 of the C.A.C. 40. Access to the service road circlinj the d*jatic ca_plax shall be controlled by the means of a Batt or other features to prevent use by the general . public. 14 .2Y - '46 f COMA -- . ssPTcmber 6, 1984 R+�V{� X % 7 • + • . 57 o � City of Newport Bead KOII CALL • • G`OEX 41. prior to the issuanrs of building Permits, .; National• Pollutant bischarge Elimination (M"=1 . Permit shall be obtained' fxoa the Santa Ana Regional Water Quality Control board 'if any discharges to . the say are . anticipated. either during construction or subsequent • operation of the facility. f 42. prior to issuanes of ftildinq Permits, an Asmy Corps of.Engineers Permit shall be obtained to . 4110w construction of the proposed -bulkhead and docking faf311ties. . . 43. Residents .should be provided with' a point of ' contrr- with the Newport Aquatic Center Manage_ • sent, to handle fxmplaints of noisy vehicles in ' the_ parking loC or as local streets. 44. All mechanical equipment and trash areas shall be screened from public streets, -alloys, or adjoining p}Foperties. . 45. Exterior lighting shall be approved by the Plan- 1 ning Dep�rta�en4. �! ab. Development of the site may be subject 'to a grading permit to be approved by the Building and Planning Dfrpartment. 47. A grr04ing• plan will include * a coaplets plan' for temporary and permanent drainage facilities, to minimize any potential Sn+p•crs from silt', debris, �- and other water pollutants. .48. The grading permit will include a description of ,. haul routss,. access points to the site, and watering and sweeping programs designed to aini- mize impacts of grading and haul operations. 49. An erosion, siltation, and dust control plan shall be submitted and be subject to approval by the Building Department • and a cagy will'be forwarded to the, California Regional vAter Quality Contcu+ Board, Santa Ana Region. • S0. Grading shall be conducted in accordance; with Plans prepared by a civil engineer and based on recommendations of a soils engineer and an engi- aeerinq geologist subsequent to caa+glation of a . is ' • A r . .. i ..13.• .r .. .. .. r .t4;lit Z.-1 1. ... f l.S�r .. 4,f r n - -. i ( � ' CCMMt55CNM ra • = •_ � Oft • . City of NeA - x)Ii OUIl i Septeabex 6, 1984 M KJTE5 comprehensioe soils sad geologic investigation ot1 the site- Peraaaent reproduction copies Of the •APPrc1ed as Atilt• tTrading plans on standard -sine sheets shall be furnished to the Building Depart. :lent. 51. The Fire Department shall review de#iqn ,plans to ensure adequate access and eoergency exists. 52. The provision of adequate lire flow shall be reviewed by the Fire Depart mnt. •53. structures shall be equipped with firs suppression systems as required by Cods'. 54* rinal design of the , incorporation ' of project p evvices the lavatories and other water -using facilities. for 55. All onsite drainage shall be approved by the City rublic 'Works Depar=ent. 56. A weekly cleanup prograa around the project site shall be C?nductad: an a147 gular basis. During eonstructione�basins or!'Sther devicas shall be installed to prevent waste from entering Newport Bay. 37. Prior to the issu ►ca of..building pewits, a. coaprehensive soils and fcui dation !! .udy will be prepared and approved by the Planning and Building Departments of the City of Newport Beach. �- 56. Should any archaeological resources be uncovered during excavation/construction, a qualified archaeologist or paleontologist shall evaluate the site prior to co=pletion of constrsction activ- ities, and all work on the site shall be done in aecocdance with the City Co ►cil policies and lC-5 and K-6. 39. Any mechanical equipaent and emergency power generators shall be screened from view, and noise associated with said structures shall be sound attenuated so as not to exceed 53 dah at the Property lines. the latter shall be based upon the recouzandations of the qualified acoustical engineer and approved by the Building Departotnt. 16 w ' September 6, 1994 � s = =PLY Of Nevwport Beat.., xt Gat! 1 I . f i 60. All eonstructim acti'vities boors of Ttoo a.a. rill betoT:00 United to the rriday, and Boo a.0. to St00.a. ItoSa t�oggh Sunday. pea• Saturday and 61• ' use of the sits shall be limited to persons per caa aaxiacas of r. 62. The Dover Sborss ity allowed to elect a repxu *Uscciation shall be ative Canter Board of DLrsctors. , Co the Aquatic 63. The applicant shall r:cord.a . limitieq use of the facilityto tri�ys. arisnant; the torus of the lease'as acutedaby Cited br Council. ty 'r anstirnT"to=af ss ion•--s'ecess ed-_,s � ned at 900 p.m. . e . asa Permit No. 3108 (CantLnued,Public H..* Request Co III —"'- 'Item Ho.2 galls ` Permit the *stabliahmsnt .of a retail art —_- 2 ry/studio oa property located in the t�t-1 District. use P_� emit LOCATIONt ,� �. ]208 Lots 6 and 7, Block 328, Lancaster's Addition, Iocatad" at N2912 Layfayette Ave �roveedd Avenue, easterly Bids of ' on the Condir.ion- betureto'2?th' Street and 30thtStzeet,3u a21X Cannery Village. T.fxlR r I!-1 APPLICAnt Paul Blain Renria, . wport Reach u: _Jcaa Linda Univsrsit • Y• •Lean Linda Mr. William L+yeock. Current Plannin�I �iaist. advised that the planning q rator, Staff has the tollowLnq two conditions be added rites_ Ccc=ission desires to Approve ,e K2auninq Condition no. S: ':Teat the second floor use P�rait. only be used by the artist or 2oor areas shall studio, office, or store a the s', and Conditi to a 9 Purpose:. and Condition tto. ,97 ilil�itiii� 17 State of Caidorr ia. George Deu6petaa, ..ry / ' � _ 2 j qE ^� TSS.E7s 2/I0/85 CibfOfNi COiuif Cortnrust+On ! � E 1 V r � 44th DAYt 3/ 1l85 SOUTH COAST DtSTfi)CT !f� ti a•,;,n,_ 24S west &oaclway,5tite 380 1� G,^ r 180Lh D1tY: 7/10/95 P.O. Bo: itSO 1, • - C1r• t..a5a. S:API's T. Henr• Long Beacfi, CiTilornia 90801-1450 C�� tl"y�r OF S � ! •d (213)590.5071 ` GUFuG, STAY2 R8?oRT:�! \� � E BEARZNG DATE: 2%1]-15/8 • m a REGULAR CALE:iDAA • STAFF REPORT AND RECOMMENDATION • Application: 5-84-786 Applicant: City of Newport Beach/Newport Aquatic Center Department of Forks 170 E. 17th St., Suite 204 f: Recreation Costa Mesa, CA 92627 ' F. •3. Box 1768 Newport Beach, CA • • •� , 92658-8915 Agent: Sanchez Talarico.Associates (Fred Talarico) Description: Construction of an 18,228 square -foot aquatic .,. 'training and recreational facility to include a multi -purpose meeting room and a .too -bedroom apartf'aent on the second Leval to be located on North -Star Beach in the City of Newport Beach.* Site: North Star Beach adjacent to Upper :Newport Bay located at the ter -minus of North Star Lane in the Dover Shores residential area of Newport Beach, Orange County APH: 117-381-005 S�..Y • Staff recomrends approval with conditions pertaining to beaca improvement, parking, and public health. O 5 Substantive File Documents: 1. 2. Initial Study for the Newport Aquatic Center, North Star • Beach, -Newport Beach, CA,'dated July 9, 1984, by Marie E. Gilliam/Associates. Management Plan for Upper Newport Bay Ecological Reserve `ornia Department of Fish and Game. EXHIBIT D. :4 5-84-786 Page 2 3. City of Newport Beach Certified Land Use Plan, May 14, 1982. STAFF PSCa.'�.'� MDATION Staff recommends the Commission adopt the following resolution: I. Approval with Conditions The Commission hereby grants, subject to the conditions below, a permit for the proposed deve o nt on the grounds that he develo as conditioned, will be in conformity with the provisions of Chapter pm the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal' Act, is locatcu•betdeen the sea and the first public road neartpt the shoreline and is in -conformance with the public access and public recrea- tion polices of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental {duality Act. II. Standard Conditions: See Attachment X. III. Soecial Conditions: 1. Beach Improvement Program. The applicant shall submit a written agreement, the orm an content subject to the review and approval of *tig Executive Director, for a North Star Beach Improvement Program. A. The agreement shall provide that by the end of he second year of operation of the facility that a Beach Improvement Plan to improve the quality of and access to the beach shall be submitted. The Plan shall specify whether the applicant will convert the dredge spoil beach to a sandy beach 6r will provide. picnic tables, shaded viewing areas, and a public fishing dock with a sink and cleaning facili- ties. The Plan shall also include the provision of addi tional on -site public parking. B. 'By the end of the fourth year of operation of Cite facility the applicant shall commence construction of beach improvements as outlined in the above beach improvement plan. The improvements shall be completed by the end of the fifth year of operation of the facility. 2. Prior to transmittal of permit the applicant shall submit revised plans that show a total of 63 on -site parking spaces. ay 5-84-786 Page 3 3. The applicant shall su mit the final facilities operation plane for Executive Director's review and approval. 4. Prior to transmittal of permit applicant shall submit a written agreement, the form and content subject to the review and approval of the Executive Director, that reserves 20 percent of the maximum allowable daily use of the facility for general Fsblic walk-in use of the boat launching facilities. The agreement shall also specify that the boat : launching facilities,. public restrooms and public parking be available to the general public during the hours of operation of the facility. Indoor boat storage shall also be made available for members of the general public without requiring them to. enroll into any facility program, 5. The applicant shall submit final bulkhead plans for the review and approval of the Executive Director. 6. The applicant shall obtain and submit written certification / from the California Department of Health that the water quality of the P Upper Newport Bay poses no threat to public health in conjunction with the proposed use. - IV. FINDINGS AND DECLARATIONS. The Commission finds and declares as follows: A. Projec= Description and Location. The proposed two-story, 18,228 square- oot Newport Aquatic Center includes indoor boat storage area, weight -training room, men'; and women's locker rooms, Multi- purpose assembly room, facility and public restrooms, boat repair and workshop space with a covered service yard, all on the ground level. A 1,440 square -foot, two -bedroom coordinator's residence is located on the second level. A 15,000 square -foot staging area, dock and bulkhead are also proposed. Sixty-three parking spaces are provided on -site (see Exhibit -I - Site Plan) . The project site is located on the 12-acre North Star Beach at the term.nus of North Star Lane in the Dover Shores Residential Co=unity of Newport Beach (see Exhibit 2 - Vicinity Map). The facility will be adjacent to the Upper Newport Bay Ecological Reserve. Additionally, a portion of the site has been designated as an Environmentally Sensitive Habitat area in the City's Certified Land Use Plan. B. Background. The proposed Newport Aquatic Center will provide training in cayWx and outrigger canoe rowing in addition to related in- door instruction. The 2 existing rowing facilities in the area, the Orange Coast College and University of California, -Irvine facilities provide instruction at the collegiate Level. The principal goal of the proposed facility, according to the applicant, is to introduce aquatic sports to school age children. The primary users of the facility train- ing programs will include children from the various girls` and boys' civic Clubs, youth day camps and sports camps, as well as boat clubs,ac- compliszed athletes training for international competition and enrollees of the City's aquatic • recreation programs. 30 5-8i-786 Page 4 The concept of a rowing and aquatic sports center was approved by the people of Newport Beach in a 1982 referendum. Initially the facility was to be near.y three times the proposed size and included a 2,$00 square -foot Sports medicine clinic, pool, pro shop, laundry, and a "training hostel' to provide up to 14-day's lodging for 25 to 50 The facility would have acco". odated 850 daily users. The aealc3 ddoeomple. facility approved by the City has been conditioned to limit the total maximum daily use to 250. The City added 62 more conditions largely as a result of the concerns expressed by the Dover Shores Residential Ccrmaunity through which is the only overland access to the project site (see Exhibit 3 - List of City Conditions). C. Public Use of Tidelands. North tide- lands held n trust ointl Star Beach is a public ] Y by a County of Orange and the City of Newport Beach for the People of , t!hh State of California. As such the use Of the site -is governed by a Lelislative Videlaand Grant which dic- tates that the general public must be allowed maximum use 'of the beach. North Star Reach is currently under-utilized by the public due •- its limited Access and poor beach and water quality. Overland access to the site is through a residential C--=unity via winding roads. Addition- ally, the beach is below a loo-foot high bluff. The lack of use of the beach is also due to the fact that it is not a sandy beach but A. dredge spoil site. However, the City has plans to make the 12-acre site a high quality beach as indicated in their Certified- Land Use Plan. While replacing the dredge material with high quality sand will improve the beach the water quality of the adjacent Upper Newport Bay State Ecologic Reserve Rust also be improved is the public is to achieve maxi- mum enjoyment of this coastal area. The poor water quality of the Upper Bay area is due primarily to extensive sedimentation which has resulted in a loss of tidal flushing. However, contamination from coliform, land- scaping�and agricultural nutrient -rich runoff and heavy metals has led to the restriction of water contact activities and the collection of shell- fish for human=.:nsumption throughout the Upper Bay. The Califo,,Iia Department of Fish and Game, County of Orange, City of Newport Reach, City of Irvine, and the Southern California Association of Governments •are working together on 208 planning studies to improve the water quality of the Upper Neupor t Bay. Presently the beach is used for fishing, bird - w atching, jogging and open space. Staff feels that the proposed project is not inconsistent with the City's plans for the site to make it -a high quality beach. The aquatic facility will occupy approximately one-fourth of the beach and will be sited so that the portion of the beach left undeveloped is that adjacent to the public road. A deed restriction will limit development to approxi- ely 3 acres:c_ the 12-acre beach. However, if the proposed project were not built the entire beach would remain in open space and be avail- able for i=provemerit to a high quality sandy beach to provide for swim- ming; fishing, picnicking, and other passive recreational. uses, 11. is staff's contention that the use of proposed facility is quasi -public in that t:,e primary users will be various boat clubs, youth day camps, sports camps, various civic organizations, and elite athletes through memberships. The City of Newport Reach Department of parks, Beaches and Recreation will also offer programs through the facility with 3/ 0 S-84-786 Page 5 enrollment on a user fee basis,.but the City programs will constitute less than 20 percent of the total daily allowable use of Further general public use of the recreational facility the facility.. since the project has been conditioned to restrict totalldailytrie the facility.to 250. Staff finds that only as conditioned toy uae of a beach ire rovement lan to include Public on -site arkin implement percentageofthe allowable daily uzfor walk-in use of the ing facilities by members of the general t boatto estrus a watercraft and to allow them to ue the indooroat storage n-pow launch and to provide public restrooms and or. -site public g an a deter- mination be made that the project allows maximum publiciuse Ofnthe tide - Public Recreational Q°oortunities. Sections 30220, 30224 and 30255 of zl a Co sta Act ad recreation as follows: ress thO use o -coastal areas for public r Section 30220. a Coastal Areas suited for water -oriented recreational activities that cannot readily be provided at inland water areas shall be protected for such uses. Section 30224. Increased recreational boating use of coastal waters shall be encouraged, in accnrdsnce with this -division, by developing dry.starage areas, increasing . public launching facilities, providing additional berthing space in existing harbors, limiting non -water -dependent land uses that congest access corridors and preclude boating support facilities, providing harbors of refuge, and bye wate providing for new boating facilities in natural harbors, new protected areas, and in areas dredged from dry land. r Section 30255. -.. Ccasta?-dependent developments shall have Priority over other developments on or near the shoreline. Except as provided elsewhere to this division, coastal -dependent developa,ents shall not be sited in a wetland. When i appropriate, coastal -related developments should be accoarodated within reasonable proximity to the coastal -dependent uses they support., Mended by.Ch. 1090, Stats. 1979.) .The proposed aquatic training and recreational facility is a water dependent use that will increase recreational boating else*o coastal waters. As conditioned to allow general public use of the boat launching facilities and indoor boat storage areas withou Of the Coastal Act. t requiring participation in the facility programs, the project is consistent with Sections 30224 S-24-786 Page 6 E. Public Access. Section 30252(4) of the Coastal Act states that,*'The-location an amount of new development should maintain public access to the coast by M providing•adequate parking facilities or pro- viding substitute means of serving the development with public trans- portation.' The project will provide 63 on -site parking spaces. Usinq Commission adopted parking Guidelines, parking should be provided at the rate of one space tor each 4 persons based upon maximum capacity of all programs of the facility capable of simultaneous use, plus one space for each 2 employees. The project has been conditioned to restrict total daily use of the facility to 250 for all programs. This number of visitors would require 63 parking spaces under the Guidelines. The number of employees will fluctuate with the time of day, day of the week and with the season. During summer weekday afternoons the facility pro- grams will be at maximum capacity and thus more employees will be re- quired. Also during most of the day 4 to-5 programs (excluding the advanced individually monitored rowing and recreational grog *-t), will be running simultaneously. The facility will be least used and require Icss employees on winter weekends. Though the project site, North Star Beach is currently under- utilized, development of the proposed aquatic training and recreational facility will attract curiosity and increase the use of the beach. The availability of a public boat launching 'facility at the site will also attract more uselof the beach and thus increase public parking demand. The Commission finds that only as conditioned to provide 20 additional on -site employee and public parking spaces for a total of 83 spaces, can the project be determined to be consistent with Section 30252(4) of the Coastal Act. F. Environmentally Sensitive Habitat Areas. Section 30240 of the Coasts ...:t states: Section 30240. (a) Eavironoentally sensitive habitat areas shall be protected agk4nst any significant disruption of habitat values, and only uses dependent on such resources shall.be allowed within such areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent • impacts which would significantly degrade such areas, and shall be compatible with the ran tinuance of such habitat areas. , A.portion of North Star Beach is designated as an Environmentally Sensitive Habitat area in the City's Certified Land Use Plan because 'there is a small freshwater stream. The stream supporter a riparian area which includes some volunteer arroyo willows. The source of the stream is a drain pipe at the base of the 100-foot high cliff which borders the beach on the northwest (see Exhibit 1 - Site Plpn). The 33 � I 5-84-786 Page 7 Proposed facility is setback 66 feet from the riparian activities will taka place in the riparian aSed which is facility. Additionally the area 4ted-no southern and of the site he Publictherbeach to be located above t? human activity in this wetland area adjacent improved is at the Therefore the in this finds that the, the project w131 not encourage with Sections CO=mi of the Coastal j se the BashiEcOlOgico Reserve. proposed project is conaistent Act. G. - band Use Plan Consistep cy. on certified t.a C3.ty o Newport Beach La4d May i9• 1982, the C nation of the ro a ,� 3 Use Plan. The °erasion Space.0 The permitted lusesiof thisRuseedesinna and Land Use desig- L`hvirorfental Cpen g tion are as follows: Recma i ttedl and IIrvitt�rarer�taW �Ce. . wi 1 e This subca 31tPleo listed W� cw �fttfcnal a' ems,' And beachinc". s 17 of , the E riernial open Use a.-eas �Fage 20) are passive �fOn rouse �tuxe of finedi'�tall tive �, these sites � °°'Patible with the Y sensitive f• hiking, pirnicking and naiturs North Star Beach Usted on Page 17 Of *the LUP as a • site is defined as art environmentally sensitive area. po tion of the the project has been sited and designed to prevent any adverse impacts to the riparian area and is compatible with the coati However, because habitat area, staff finds it is consistent with the nuance of the the Land Use designation as stated in the City of NePermitted uses of Certified Land Use Plan. dPort Beach Zz 3y Yt t te { _ t . . 11 . _ • _ tz�� Y w ` • _ t_s 14 if t 01 Z CYO Exxtett Ko• 2. VICINITY MAP NEWPORT ACUATiC CENTER 37 NORTH STAR BEACH - JOINT POKER AGREEMENT PRELIMINARY DRAFT THIS JOINT AGREEMENT, made and entered into this 7vM day of �' , 1987, between the COUNAN TY OF ORANGE, a poIT ical sub vision of the State of California, hereinafter referred to as "COUNTY," and the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY;" R E C I T A L S: A. COUNTY and CITY are each owners of an undivided one-half Interest in 12;/- acres of tidelands located in the City of Newport Beach ("Property"). The Property more specifically described and depleted In Exhibits "A" and "B" to this Agreement. B. COUNTY holds the Property In trust uP.44r express condition of Legislative Tidelands Grant, Chapter 526, Statutes of 1919, as amended, and COUNTY has granted to CITY one-half interest In said land by deed recorded March 13, 1978 for development of mutually beneficial public recreation facility. C. All development and use of the Property shall be subject to and In conformance with restrictions on use of the property, which restrictions are set forth In said Tidelands Grant, Chapter 526, Statutes of 1919, as amended, and the Grant Deed by which COUNTY granted to CITY an undivided one-half interest In the property. D. CITY and COUNTY have approved, In concept, a Proposal submitted by Newport Beach Aquatic Center, a non-profit corporation, which calls for the construction, at no c:st to CITY or COUNTY, of an Aquatic Center on North Star Beach. E. The construction of an Aquatic Center on North Star Beach would constitute a significant benefit to both CITY and COUNTY in that the facility would be available for use by members of the general public to serve the needs of the large number of persons who own human -powered watercraft and provide additional facilities to serve the general public for activities such as public fishing access. -I- EXHIBIT C F. The City Council of Newport Beach submitted the Aquatic Center proposal to the voters of the City of Newport Beach, pursuant to the provisions of Section 1402 of the City Charter of the City of Newport Beach, and voters approved said proposal on November 4, 1992. G. The legislative bodias of the CITY and COUNTY believe that a Joint Powers Agreement would be the most efficient means of supervising the development, construction, and operation of the facility. H. On September 21, 19821 COUNTY's Board of Supervisors authorized preparation by EMA of Joint Powers Agreement with CITY to Implement proposed development of Aquatic Canter. I. CITY and COUNTY deem It to be to the mutual advantage of the parties hereto and fn the public Interest to treat the above -described tracts of land as a single parcel and designate the City to administer the development and operation of proposed Aquatic Center on North Star Beach. PARTIES, THEREFORE, IN CONSIDERATION OF MUTUAL INTERESTS TO PROVIDE PUBLIC AQUATIC RECREATION FACILITIES, CITY AND COUNTY AGREE AS FOLLOWS: 1. The property commonly known as North Star Beach, which Is legally described In Exhibit "A," and depleted In Exhibit "B" shall, for 'lurposes of this Agreement, be considered as a single parcel. 2. CITY shall have the power to bind County to a 25 year ground lease, consistent with the terms of the Tidelands Grant, of a portion of the Property peovided: A. The property is leased to a non-profit corporation for development and use solely as a facility to promote sports Involving human -powered watercraft; B. The lease has been submitted to the Director of the Environmental Management, Agency of the County of Orange for review and approval, and the lease is In substantially the same form as the document attached to this Agreement as Exhibit Cs C. Tha- use of the leased premises shall be ,limited to those specified In City of Newport Beach Use Permit -2- .. _.- .. i . E- - 1. - .t.`rJ . � _!.}�,.yl • < ~ No. 3104 and Coastal Development Permit No. 5-84-786 (see Exhibits "C" and "D" respectively.) D. CITY shall be the "teed agency" with respect to any environmental documentation required by any project (as that term Is defined In the CEQA Guidelines) undertaken by the Aquatic Center or the City on or around the leased property. 3. CITY shall review and approve schematic and final construction plans and specifications for construction of proposed Aquatic Center, perform all inspections, and issue final certificates of occupancy. Copies of approved plans and specifications shall be provided to the Director of the Environmental Management Agency of the County of Orange. 4. All development, construction, operationand maintenance of Aquatic Center shall -be at no cost to CITY or COUNTY, provided that CITY staff shall be responsible for administering t+id-operation of the facility to Insure It is being used in conformance with this agreement, Use Permit No. 3104 and the long term lease. S. Use of Aquatic Center and all its facilities shall be granted to all residents of COUNTY on an equal basis as residents of CITY. No person shall, on the grounds of race, color, creed, national origin, sex, or any other constitutionally -impermissible criteria, be excluded from participation In, be denied benefits of, or be subjected to discrimination under, any program or activity conducted by Aquatic Center or within facilities constructed on said parcel of Iand. 8. CITY shall ensure that the public shall have access to the Aquatic Center facilities, Including rest rooms and public parking, and that development and operation of the Aquatic Center promote pub.1le access to the beach. 7. The long term ground lease shall require Lersee to provide adequate assurance that the Aquatic Center shall be constructed In a timely manner. 8. CITY shall, to the extent permitted by law, Indemnity, detend and hold harmless the COUNTY, and Its officers, agents and employees, from and against any claim, demand, loss, or liability arising out of the negligence or wrongful _act or or13sion of C1Ts; or its officers, agents or employees, In approving the long-term ground lease, approving final construction plans, specifications, and building Inspections. -3- F The long tern: ground lease shall contain a Lessee to name the COUNTY as an additional insured requiring to any and all Operations or activities conducted b with respect or at the leased premises, Y Lessee from 9. All land and improvements shall remain the Property of CITY and COUNTY, and shall be matatained and opjoint erated for public park and recreation purposes consistent with the terms Of the grant deed by which COUNTY conveyed a one-half interest in the property to CITY. 10- In the event CITY does not a ;round lease for the construction of the Aquatic Centern within (6) months from the date of approval of this Agreement, this Agreement shall become null and void and cease to govern an actions of either the CITY or COUNTY regarding the property. Y 11. Notices All notices pursuant to this agreement shall be addressed as set forth below or as either We designate by written notice and shall Mail. be sentrthraugh htheaUtSr COUNTY: County of Orange CITY: Director Environmental Management Agency P.O. Box 4048 Santa Ana, CA 92702-4048 Clty Manager City of Newport Beach 3900 Newport Boulevard Newport Beach, CA 92663 IN WITNESS WHEREOF, the 'Parties hereto have caused this ` Joint Powers Agreement to be executed by their respective governing bodies on the dates set forth Opposite their Signatures. ]Dated:. %o — f-7 -4- ' �� .`t:� � � c..=1 • � :'j i_ t it � £ q` t r iNOTICE OF DETERMIUATIC3 f 7 TO: [r. Secretary for Resources 1:16 tuirth street Sacramento, CA 95814 Cows ty Clerk Q Public Services Division P.O. Box 838 Santa Ana, CA 92702 FRM: CITY OF 11M)ORT hEACH PLAtJ2IM I)EPAFMIPt1T P.O. MA 1760 i1$:-4'PORT BE1+CH , CA *)2658-8915 SUBJECT: Filing of Notice of Determination -in compliance with Section 21108 or 21152 of the Public Resources Code. PROJECT TITLE: ttexport Aquatic Center PROJECT LOCATION: 420 north Star Lane, tlewport [leach, CA 92660 PROJECT DESCRIPTION: Construction of. a Multi -use Aquatic center for human Powered Boating on t;orth Star Beach in upper Newport Bay. CONTACT PERSON: Patricia Tempie TELEPHONE N0. 714-640-2197' STATE CLEARINGHOUSE NUMBER W This is to advise that the City of Newport Beach has made the following determinations regarding the above described project: I. The project has been Q approved by the City of Newport Beach. ❑ disapproved 2. The project Q will have a significant effect on the environment. ® will not 3. ❑ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. Ov A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the Negative Declaration is attached. DATE RECEIVED FOR FILING: Pam« T. - Patricia Temple Da to PI �{ Notice of Determ _ tion 4 • Kitigati.on measures x were, werQ not evade a condition of approval of this project. 5• A Statement of Overriding Considerations adopted for this project. was, I.x was not 6• The record of the pre ject approval may be examined at t Department of the City of Newport Bosch, 3300 Newport Boulevard, he Manning yard, NelaWrt Beach, CA (714) 640-2197. eK ?+C+f •� Cj.S�x�K.Sbir'��x�3��+�i{��'bf.�•—�'S t.�li`�M'"s��°tL',�p r �'" �r I r• Stite of Ca4tocna. George Oeu tor.,+,nr CaWomia Coasts! Qwmussion SOUTH COAST DISTRICT 245 West Broadway. Suite 380 P.O. Box 1450 Long Beach. Cabfornia 90801-1450 (213) 590.5o71 May 22, 1985 Philip R. Maurer Mayor, City of Newport Beach P.O. BOX 1768 Newport Beach, CA 9265E-8915 f,' 9. a f �• r ` `� I JUN 17 1985 s~ ND/iPf rlTi'lt subject: Permit 5-84-786 (Newport Aquatic Center) Dear Mayor Maurer: This letter is in response to your letter dated May 13, 1985 regarding permit number 5-84-786 (Newport Aquatic Center) approved by the California Coastal Commission on February 14, 1985. Your letter addresses City concern over the Beach Improvement Program, one of the conditions of approval of the development of the Newport Aquatic Center. The Coastal Act requires maximum public access by distri- buting public facilities, including parking areas, along the coast. Consequently the Coastal Commission routinely requires coastal developments to provide public facilities to mitigate impact of development on coastal resources. If the Newport Aquatic Center, a quasi -public facility were not built, the entire beach would remain available to be improved to a high quality beach as the Newport Beach Certified Land Use Plan proposes. The Commission found in approving the project that the loss of this Opportunity can only be mitigated by a condition to implement the Beach Improvement Program, consistent with the Land Use Plan, as a part of this project. In recommending the Beach Improvement Program to the commission# staff thoroughly analyzed the known envir- onmental constraints of the beach and the Upper Newport Bay. Because of the environmentally sensitive resource on the site and water quality issues of the Dayr on December 6, 1984, staff informed Mr, Fred Talarico of Sanchez Talarico Associates the authorized representative that we could not consider the ve o t lication A. �IC�t�.VI'�H S���GR s �G/�� 1 Q to = �•. Motor Philip R. Main • Nay 22, 19 85 rage 2 until the project was reviewed and approved by thn California Department of Fish and Game and the Regional Watts quality Control Boarl. Staff also discussed the potential environ- mental effacts of the aquatic facility and the proposed conditions with the U. S. Fish and wildlife Service, as well as with the above agencies. Additionally, n"Veral local, regional, state, and federal agencies are currently working together to improve the water quality of the Upper Bay. Persuant to California Administrative Code, staff reports are mailed approximately ten days prior to the meeting date on which the item is to be heard. A copy of the report was mailed to the City at the same time copies were sent to the co -applicant and the agent. I am sorry to learn that you did not receive it until seven days after the meeting. However, the City was involved in the negotiations Of the conditions. Although as a normal practice the staff worked primarily with Mr. Talarico, the applicant's authorized agent, discussions were also held with City staff. Staff discussed the project with Mr. Ronald Whitley of the Depart- ment of Parks, Beaches and Recreation on January 14, 1985 and with Ms. Pat Temple on several occasions specifically on December 11, 1964, January 31, 1985 and February 12, 1985. One December 10, 1984 a copy of the Draft Implementation Ordinances of the City of Newport Beach, dated December 7, 1985 was received in the Commission office. This document was intended for an informal staff review and not an Official submittal. Praveen Gupta, the staff planner assigned to the Newport }leach Local Coastal program informed by phone to Mr. Chris Gustin of City Planning that he would not be able to review and comment on the draft until his current assignments on Local Coastal Program submittals from other jurisdictions is over. Additionally, in jurisdictions where the Commission has certified only the Land Use Plan, the standard of review is still the Coastal Act. The certified Land Use Plan is only advisory. However, projects are reviewed for consistency with the policies of certifed Land Use Plan. The Commission does not delay action on projects pending the certification of the implementation portion of a Local Coastal program. The Commission action on the Newport Aquatic Center reflects this standard mode of Commission practice. I hope that this letter has clarified your concerns for the Newport Aquatic Center. It is the view of the Coastal COmmission that the project as approved to include phased beach improvements and additional public parking in conjunction with the development of the aquatic training facility will greatly enhance public access to and enjoyment of the coastal Philip. R. M.au� Hay 22, 1985 • Page resources at the North Star Beach. If you have additional questions, please feel frgh to call me. Sincerely, Teresa Henry Staff Planner TH:sjl .. . W STATE OFCALIFORNIA GfORGE OfUKMEAAN Go~., STATE LANDS COMMISSION txtcvTrv[ oFFIC[ KENNETH CORY, C*Vo#er IW7 . 1]A [trow lEO T. MCCARTI'HY, lieu "nl Gmv mor ► '^». C01061 W ON 14 JESSE R. HUFF. DirwWro( none `s c COP f CLA111t T. p[ORICK .1r+ E�oanl.eOflwr RECEIVED S oes��Irne+ti1 of NOV 9 1984 b CITY OF it November 2, 1984 NEWPORT BEACH. CALIF. Exile Ref: SD 84-09-14 \ f G 09-00 t,ITT-TAG 09-02 City of Newport Beach Planning Department 3300 W. Newport Boulevard Newport Beach, California 92663 Gentlemen: Subject: Initial Study for the Newport Aquatic Center - North Star Beach, Newport Beach, California Staff has reviewed the Initial Study for the Newport Aquatic Center at North Star Beach, together with the Staff Report dated September 61 1983, prepared by the City of Newport Beach which discusses the reduced project area from 61,270 sq. ft. to 20,000 sq. ft. Based on the staff's preliminary review, we Winn to offer the following comments regarding the reduced project which will occupy State -granted tide and submerged lands: 1. The project may not in any way violate the terms and conditions set fGTth in Chapter 415, Statutes of 1975, which grantea North Star Beach in trust to the County of Grange for 'the establishment and improvement and conduct as a public beach and related facilities.' The statute goes on to state that the uses of the beach must also be compatible and not unreasonably interfere with any use of the adjacent lands identified as ecological reserve areas. 0 City of Newport Beach -2- 0) November 2, 1964 2. The project must conform witi. the General Pian and the Local Coastal Program Land Use Plan. The Recreation and Open Space Element ide ntifieu North Star Reach as a public beach. The General Plan LCP/LUP must be revised to allow North Star Beach to be developed as an Aquatic Sports Center. J. Any private residential use of the tidelands is considered a non -trust use and therefore not allowed. �. The project must not in any way violate the Settlement Agreement between the City of Newport Reach, County of Orange, State of California and the Irvine Company, in that the use of North Star Beach cannot unreasonably interfere with thf! adjacent Ecological Reserve. In addition, the parcel between the bluff and the granted lands held jointly between the City and County is subject to a Btate-owned easement and must be maintained as such for ingress and egress to other portions of the ecological reserve. 5. The California State Department of Pint: and Game must support the proposed project. 6. The State Lands Commission staff must have a revised map which depicts the reduced project area. If the above -mentioned conditions are met and satisfied, the staff of the Commission has no objections to the proposed Newport Aquatic Center. Very truly yours, /Z1-% L e S I i r G r r ry rl LESLIE H. GRIMES, Deputy Chief Division of Land Management and Conservation cc: Patricia-emple, Environmental Coordinator City of Newport Beach P.O. Box 1768 Newport Beach, California 92658-8915 N. G. Taylor - Attorney General - Los Angeles 08201 S l APPROVED47S TO FORM: ATTEST: B Y s By: �1 GL- Cyty Attorney, New or each Clerk, Newpor F ARAN�P_ Da ted sMAR ') IsAl By: RECObSWDED FOR'APPROVALs Y Director Environmental Management Agency C caa n, noara o So a lsors, County of Orange ATTEST: c By. • lnda D. Itooevtj Clerk, Board of Supervisors APPROVED AS TO FORMS ADRIAN KUYPER, COUNTY COUNSEL 7 Y `I Deputy 0 CONSOLIDATED REPROGRAPHICS MICROFILM DIVISION Le 0 0 yx.4 At • TIDELANDS AFFAIRS COMMITTEE July 1, 1982 Study Session Agenda Item No. To: Honorable Mayor 6 Members of the City Council From: Tideland$ Affairs Committee Res Acquatic Center/North Star Beach BACKGROUND On March 22, 1982, the City Council approved, in concept, the construction of a rowing and acquatic center on North Star Beach. The proposed facility would be constructed by funds raised by Newport Beach Acquatic Canter (NBAC) a non-profit corporation. Prior to the commencement 'of construction, the City would enter into a Ground Lease with NBAC, a Ground Lease that would be contingent upon construction of the facility within a Proscribed (like in order) period of time. The Ground Lease would also specify that the City of Newport Beach would have the right to use, for public recreation purposes, a portion of the facility. The County of Orange, as the owner of one-half of North Star Beach, would also be a signator to the Lease. NBAC would have the responsibility for maintenance of the facility and payment of all operating expenses. NBAC will raise money through membership dues and fees charged to those to who wish to use the facility. t ••t :a _4:'t i .. 'i•{f iri �i�i �tF �� � 1 .� � } 1 � .,. •� 77��__��- :. � f I.` � - � • ry�i � �t'Z E:r 'Q' �'F .� . Fsi�}�,., I�F y:i !7'i'+� .51 � � i ri r..,,: �. �-3 .-, _ -)y�� .: .r}'fir •., s NBAC has contacted substantially all of the persons and organizations that would have some interest in tha project. There appears to be no opposition to the proposed project from either the Dover Shores residents or the many public agencies; that must approve the project. DzscussIoN The City Attorney's office, in reviewing the proposed project, determined that the Charter of the City of ttnwport Beach required voter approval of the proposed Ground Lease to Ort The pertinent Charter provision, Section 1402, readn as follows: Section 1402 Waterfront Property. "The City Council shall not sell or convey any waterfront or beach property, excepting to the State or to the County for use as a public beach or park. No such property owned by the City shall be leased by the City unless; and until the leasing thereof shall have been approved by a majority of the electors voting on such proposition at any general or special municipal election, provided, however, that this aeetion shall not invalidate any lease of such property in existance at the time of the effective date of the Charter nor the future leasing or releasing of any such property under lease at the effective date of this Charter." The Tidelands Affairs Committee, notwithstanding the existance of certain legal mechanisms to avoid the impact of this Charter provision, recommends that the proposed acquatic center be submitted to the voters at the general municipal election to be held in November. In order to put this matter on the ballot In November, the City Council should adopt all appropriate resolutions at its meeting of July 26, 1982. Attached to this staff report as Exhibit "A" is a copy of a proposed Lease, drafted by the City Attorney's office, and it is requested that the Council review this Lease and make suggestions with respect to the terms and conditions of the Lease, specifically those portions; which are underlined. RHBlpr Attachment cc. Dave Aarshbarger LANDS AFFAIRS COMMITTEE P 1 Maurer r . Evelyn Hart THE COUNTY OF ORANGE THE CITY OF NEWPORT BEACH AND NEWPORT BEACH ACQUATIC CENTER, INC. GROUND LEASE THIS GROUND LEASE, enterer] into this day of 198 , by and between THE COUNTY OF ORANGE and THE CITY OF, NEWPORT BEACH, hereinafter collectively referred to as "Lessor" and NEWPORT BEACH ACQUATIC CENTER, INC.,hereinafter referred to as "Lessee" is made with reference to' the following facts, the materiality and existence of which is stipulated and agreed by the parties hereto: A. Lessors are the owners, in trust, of certain beach - front property commonly known as North Star'Beach, hereinafter referred to as the "Property", with a legal description as set forth on the document attached hereto as Exhibit "A", and further shown on the map which is attached hereto as Exhibit "B"t B. There are restrictions with respect to the use of the property, which restrictions are set ;forth in Section 1 of Chapter 415, Statutes of 1975, and the Grant Deed pursuant to which the.County of Orange granted to the City of Newport Beach an undivided one-half interest in the propertya C. Lessee proposes to construct, on tho property, a marine -oriented recreational and athletic facility which will contain space for boat storage, a multi -purpose aroo and meeting room, a weight training room, small offices for tho conduct and operation of the facility, a boat simulator center, locker rooms, and such other facilities as may be incidental to the marine activities to be carried on at the facility] D. . In conjunction with the construction of the acquatic center, Lessee proposes �o bulkhead a portion of the beach frontage, construct low lying docks, .restore a portion of the property to westlands in conjunction with the California Coastal Conservancy, to landscape the property, and to provide parking, public restroom facilities, and public access to the beach; E. The project proposed by Lessee is consistent with the restrictions on use of the property as set forth in the above -referenced statute and Deed; F. The City of Newport Beach and County of Orange will .derive substantial, benefit from the construction of the acquatic center in that a portion .of this facility will, from time -to - time, be reserved for the use of members of the general public, either in conjunction' with recreational programs sponsored by the City of ,Newport Beach or by non-profit organizations whose purpose is to promote the public interest; 2 F 'K i1Tk 4�Ti"3 G. The proposed project, including the construction of the acauatic center and this Ground Lease, has been approved b y a majority of'those voting in the last general municipal election, and by reason thereof, the City is empowered, po , pursuant to the provisions of Chapter 1402 of the City Charter of the City. of Newport Beach, to enter into this'Lease; and H. It is the intent of all of the parties hereto that, In the event that Lessee is unable to construct the acquatic center or to continue t- - ' o - pay for the maintenance and operation' Of said center,'that this Ground Lease terminate. NOW► THEREFORE, the parties hereto agree as follows;~ 1• LEASED pREHISES Lessor hereby Leases to Lessee, subject to the terms and conditions of this Agreement, the property, with the legal description as set for in the document attached hereto as Exhibit "A", and as shown on the map attached hereto as Exhibit which exhibits are, by this reference, made a part hereof, Z• TERM The term of this Lease shall be twenty-five (25) years, commencing the. first day of the first full calendar month following the -date -of execution of the Agreement.by Lessor. 3 n 3. USE RESTRICTIONS This Lease, and the rights and privileges granted Lessee pursuant hereto, is subject to all of the covenants, con- ditions, restrictions and exceptions of record including, but not limited to, the terma and conditions of the following legislative grants from the State of Californiat (a) Chapter 526 (p. 1138) of the Statues of 1919; (b) Chapter 575 (P• 974) of the Statutes of 1929; and (c) Section 1 of Chapter 415,of the Statutes of 1975. This _Lease and the rights and privileges granted Lessee pursuant hereto are also subject to. the _terms and con- ditions of the Grant Deed, whereby the County of Orange granted to the City of Newport Beach an undivided one-half interest in the property and which Deed was recorded March 13, 1978.in Book 12594, page 990 of the official records of the Orange County Recorder. 4. CONSIDERATrON The consideration for, this Agreement shall be the construction, of an acquatic center and recreational facility by Lessee, at no cost to Lessor,the continued maintenance and operation of this facility for the term of the Lease' , at no cost 4 to Lessor, the commitment of Lessee to utilize the facility as an acquatic center for the advancement of marine -oriented educational, athletic and recreational programs and activities, together With the right of Lessor to utilize the factlity, all as more fully set forth below. S. CONSTRUCTION COMMITMENTS (a) Lessee hereby agrees to construct the build- ings and structures described on the plans, attached hereto as Exhibit "Co, and to complete construction of all such buildings and structures within twenty-four (24) months from the date that Lessor executes this Agreement; (b) Prior- to commencement of construction of the approved buildings and structures, or any phase thereof, Lessee shall furnish to Lessor evidence that sufficient monies are available to Lessee to ensure that the facility in Constructed in a timely fashion. To satisfy, the provisions of this sub- paragraph, Lessee must provide Lessor with one of .the following; i• A completion Bond issued to Lessor as obligee, pursuant to which construction Of the facility, in accordance with the plans and specifications attached hereto as Exhibit "D" is guaranteed; s+4.e�,ya4;F3�S4 :0"`t�iFr ii. A Performance Bond, Labor and Material Bond, or any combination thereof, supplied by Lessee's contractor or con- ' tractors, provided said Bonds are issued jointly to Lessor and Lessee as obligees_ and- - provAded further that the total amount of said Bonds are sufficient to guarantee construction of the facility in accordance with the plans and specifica- tions'set forth in Exhibit "E"j or An irrevocable Letter of Credit, issued to -Lessor, in a sum deemed sufficient by Lessor to guarantee construction of the facility in accordance with the plans and specifications set forth In' Exhibit -C", said Irrevocable Letter of Credit` to rer•ain in effect until Lessor acknow- ledges, satisfactory completion of the project] icy Any Bond or Letter of Credit furnished by Lessee pursuant to the provisions of subparagraph (b), above, must be issued by a company.qualified to do business within the state of California and acceptable to Lessor. All Bonds and 6 t �3 Y ?.F�i�4''`�+,°y.'3."`�d`C>rit n+Jy:tF�'`Fj,.s}r-^'1'f�4�4e�i'r�"=:emuir+e''ta.iri fr Letters of Credit shall be in a form acceptable to Lessor and shall ensure faithful and full observance and Performance by Lessee of all terms, cc:*:ditions, covenants and agreements relat- ing to the construction of improvements on the property. 6. CONSTRtj"TnN/ALTERATION BY LESSEE . (a) Lessor's Consent: ' No structures, improvements, or facilities Shall be constructed or altered by Lessee without the prior writtL,n consent of the Building Director of the City of Newport' Beach. Any conditions relating -to the manner,.method, design and construction of the structures, improvements or facilities imposed by Lessor shall be considered conditions of this Agreement as though originally stated herein. •In the event that any construction or alteration of facilities, structures or Improvements requires any discretionary approval Of any Hoard or Commission of the City of Newport Beach, any conditions imposed by such Hoard or Commission relating to the manner, method, design and construction of the structures, improvements or facilities shall also be conditions of this Agreement as though originally stated herein. 7 - .... ✓ .. :.t�.a rFe'.f'.�`fr�F+».....r.N'"�..a �+rti .'r w�.�`J'�.-:! . A...,,: �.. f (b) Strict Compliance: All improvements constructed by Lessee on the property shall be constructed in strict compliance with the plans . and specifications approved by the Building Director of the City of Newport Beach. (c) Mechanics Liens: ' Lessee shall, at all times, indemnify and hold Lessor harmless frgm any and all claims for labor or materials in connection with the construction, repair, alteration, or' installation. -of the structures, improvements, equipment or facilities on the property, and from the costs of defending against such claims, which cost shall include reasonable attorneys fees. In the event any lien is imposed or recorded on the property as a result of the construction, repair, alteration or installation of any equipment or facility Lessee I. Record a valid Release of Lien; ii. Deposit sufficient cash with Lessor to cover the amount of the claim or lien in question and authorize payment to the extent of said deposit to any person or entity that obtains any judgment. with respect to said claim or lien; or 8 s Ill. Procure and record a Bond in accordance with the provisions of Section 3143 CCP, which frees the property from the claim of lien and from any action brought to foreclose the lien. In the event Lessee_ fails. to comply with the provisions of this paragraph, within 15 clays after the filing of any such lien, tho Lessee shall be considered to have materially breached this Agreement, and this Lease shall be subject to imrsediate termination. 7. OWNERSHIP OF IMPROVEMENTS: All buildings, improvements and' facilities, exclu- sive of trade fixtures, constructed or placed on the property by Lessee must, upon completion of construction or installation, be free and clear of all Liens, claims or liability for labor or material, and at the option of. Lessor, shall become property of Lessor at the expiration of this Lease, or earlier termination thereof. Lessor retains the right to require Lessee, at Lessee's coat, to remove all improvements, 'placed on the property by Lessee, at the expiration or termination of this Agreement. 21 8. UTILITIES Lessee shall be responsible for and pay, prior to the delinquency date, all charges for utilities supplied to the property and structures or improements thereon. 9. MAINTENANCE OBLIGATIONS OP TENANT Lessee agrees to maintain the property and all improvements constructed thereon in good order and repair, and to keep said premises in a neat, clean, orderly, safe, and sanitary w condition. This includes, but is not limited to, the prevention of accumulation of any refuse or waste materials Which might constitute a fire hazard .or a public or private nuisance. Failure of Lessee to properly maintain and repair the property and improvements shall constitgte a material breach of the terms of this Lease. 10. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS In the event of damage to o destruction of Lessee's buildings, facilities, or improvements located on the property or in the event Lessee -constructed buildings, facilities, or Improvements located on the property are declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforne such declaration, Lessee shall, Within 30 days, commence and deligiently pursue to completion the repair, replacement, or reconstruction of improvements necessary to per- 10 0 . %T,ii '7r',,:.,�i<i:'ic 1r;t.x �,s .C.. J+ t'. :ilk' _ �c-ar_K"3 ,. _ '.., .,t-` �..>Y_ Tait full use and occupancy of the property for the purposes required by this Lease. Repair, replacement, Of caconstruction Of improvements Within the property shall be accomplished in manner and according to plans a therwise � approved by Loaaor as o provided herein;. termination of this. Lease shall not reduce or nullify Lessee's obligation under this paragraph, 11. INSURANCE Lessee shall maintain insurance, acceptable to Lessor, in full force and effect throughout the term of this* Lease. The policy or policies of insurance' maintained by Lessee shall provide the following limits and coverages: -' - (a) Liability Insurance _ - Coverage (1) Bodily injury -each person $1,000,000 (2) Bodily injury -each occurrence $3,000,000' (3) Property damage $ 500,000 (b) Fire & Extended Coverage:_ Not less than 901 of the cost of replacement Of all insurable , improvements within the Property; Water damage and debris cleanup provisions shall be included. Insurance shall be in force the first day of the term of this Lease. I1 - h: Y �� � ��lL � F:�� Ali ;�1 rya •J � �4 f _. � • C. •�' 1 Ya . _errY ! .'slT r.'ta.t ..iSF i c?� t4r� tislii^_ :i'v' � �_„r^ , • Each insurance policy required by this Lease shall contain the following three clauses: A. "This insurance shall not be cancelled, limited in scope of coverage or nonrenewed until after 30 days' written notice has been given to the County of Orange, General Services Agency/Real Estate Division, P.O. Box 4106, Santa Ana, California 92702, and to the City of Newport Beach; C/OCity Attorney's Office, 3300 Newport Blvd., Newport Beach, California 92663" B. "It is agreed that any insurance maintained by the County of Orange .or the City of Newport Beach will apply in excess of, and not contribute with, insurance provided by this policy.* C. "The County of Orange and the City of Newport _ Beach are added as additional insureds at or from the property leased from the County of Orange and the City.of Newport Beach." Lessee agrees to deposit with Lessor, at or before the effective date of this Lease, Certificates of Insurance or Endorsements, necessary to satisfy Lessor that the insurance provisions of this Lease have been comnplied with and to keep such insurance in effect during the entire term of this Lease. Lessor shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of Lessor's Risk Management Services, the insurance provisions in this Lease do not provide adequate protection for Lessor and for members of the public using the property, Lessor may require Lessee to obtain insurance sufficient in coverage, form and amount to provide adequate pro_ 12 .- - '•�- . _ � z��*y?if`�k�s�^� ,;�fa-i� '?i" ��-x^�+�ta�'� ...r+�'•sr`��' .,�'�� �.•irv:�`' .�i�.-c.r_', ��,.:,,,.-z�a=., : .: • tection. Lessor's requirements shall be reasonable but shall be designed to assure protection• from and against the kind and ex- tent of the risks which exist at the time a change in insurance is required. Lessor shall notify Lessee, in writing, of changes In the Insurance requirements, and if Lessee does not deposit copies of acceptable insurance policies with Lessor, incorporat- ing such changes within sixty days of receipt Of such notice, Lessee shall be in default; and Lessor need not provide notice of' default and Lessor shall be entitled to pursue all legal remedies. The procuring' of:suchrequired policy or policies of insurance shall not be construed to limit Lessee's liability hereunder nor to fulfill the indemnificatLon provisions and requirements of this Lease. Notwithstanding said policy or Policies of insurance, Lessee shall be obligated for the full and total amount ofany damage, injury or loss causod by Lessee or Its agents, officers, employees or representatives, resulting from any act, or failure to act, whether intentional, negligent or otherwise, arising out of or in any way connected with this Lease or with occupancy and use 'of the property by Lessee, its officers, agents, employees, subtenants', licensees, patrons or visitors, except liability arising out of the sole negligence of Lessor. 13 • .. ..,... �. . .. = , h `.. . Safi;�`�;tad'i':'.'�`,-:iaf',�::lz.'+€�i'`�r"et`0�:£firk��it-.'. �+;,�«»�• .,�� �. �::j , . r: ,�., .. 0 12. ASSIGNING SUBLETTING ARENCUMBERING pROKIii Tap Any mortgage, pledge, hypothecation, encumbrance, transfer, sublease or assignment (hereinafter in this clause referred to collectivel Y•as Encumbrance ) of Lessee's inteest in the property, or any part•or portion thereof is prohibited. 13. EMINENT DOMAIN In the event the whole or part of the property or improvements is condemned by a public entity in the lawful exer- cise of the power of eminent domain, this Lease shall cease as to the -part condemned upon the date possession of that part is taken by the public entity. If only a part is condemned and the taking of that part does not substantially impair the capacity of the remainder to be used for the purposes required in this Lease, Lessee shall continue to be bound by the terms, covenants and conditions of this Lease. If only a part is condemned and the taking of that part substantially impairs the capacity of the remainder to be used for the purposes required in this Lease, Le.�;aee shall have the election of; (a) Terminating this Lease and being absolved of obligations hereunder which have not accrued at the date possession is taken by the public entity, or 14 `'F+fl4..r. `its .f( }:'H.:. - • .. r t (b) Continuing to occupy the remainder of the property and remaining bounds by the terms, covenants and conditions of this Lease. ' Lessee shall give notice in writing of his election hereunder, within.30 days of the date possession of the part is taken by the public' entity. Lessor shall be entitled to receive and shall receive all compensation for the condemnation of all or any por- tion of the property by exercise of eminent domain, 14; FACILITY MANAGEMENT PLAN The purpose of Lessor for entering into this Lease is -to promote the development -of marine -oriented facilities, programs and -services, all to satisfy the needs of the general public. In furtherance of that purpose and.to ensure that the operation of the facility is in accordance with th© intent of the Lessor, Lessee shall submit a Facility Management Plan to the Director of Parks, 8eachs & Recreation for the City of Newport Beach. The facilities shall be operated and administered in accordance with the Facility Management Plan, which shall be approved by the Parks, Beaches & Recreation Director of the City of Newport Beach. The Facility Management Plan, shall, at a minimum, include .the following: 15 .— --f .' fT. q'r_ .. {�.�,'�.. ...� fm��1,i�';!-�,CL',k�'G.xsr'�"!Cif's�C`.N�!'ifil::L.�tvi�'s4�i'iA'•�j�,�'sti'L"ikZCT'*iTti�:�A,��`i.=: ��r;. ��< (a) The programs, services and activities to be offered to members of the general public by the facility; (b) The nature of any membership program pursuant to which any dues or fees are charged by Lessee; (c) The hours of operation of the facility; (d) ,The portions of .the facility that are avail- able for use by Lessors for the conduct of public recreation programs, together with the days and times that cuch space will be avail- able: (e) Such other provisions as the Parks, Beaches & Recreation. Director considers necessary to ensure that the facility is operated and main- tained in accordance with the purpose of this Agreement. 15. PERMITS AND APPROVALS Lessee shall be required to obtain any and all Permits, Licenses or approvals. that may be required -in connection with the construction, maintenance, or.. operation of the structures and improvements on the property including, but n of limited to, approvals and Permits from'the following agencies: 16 w (a) The City of Newport Beach (Planning Commiae(en & Planning & Building Departments); (b) The County of Orange (Board of Supervisors, Real Property Service and Harbor Department); (c) The California Department of Fish & Came; (d) The California Coastal Commission; . (e) The California Regional Water Quality Control Boards; (f) The Army Corps of Engineers; (g) The United States Department of Fish Wildlife; (h) The United States Bureau of Sports Fisheries. 16. UNLAWFUL USES Lessee agrees that no improvement shall be erected, constructed or operated on the property, nor any business conducted on the property in violation of the terms. of this Lease, or of any regulation, order, law, statute, bylaw, charter Provision or ordinance of any Governmental agency having Jurisdiction. Lessee further agrees not to construct, maintain, or allow any sign upon the property, or improvements thereon, except as approved by Lessor, and further, such sign must be in compliance with the provisions of.Chapter 20.02 of the Newport Beach Municipal Code. Lessee also agrees not, to discriminate 17 �a..?'C�;^t'tGt.�:a .txi".� �x t *ri.t �AeR:si s"4Y.rl.T.r•:i against any person or class of persons by reason of sex, color, race, creed, national origin or age. Lessee shall make all of Its services, programs and facilities available to the public on fair and reasonable terms. 17. INDEMNIFICATION Lessee agrees to indemnify and hold harmless. Lessor, its officers, agents, employees and representatives, from and against any and all claims, .,demands, lonaeg, legal and investigation expenses, or liability of any kind or nature which Lessor or its officers, agents and employees may sustain or incur or Which may be imposed upon them or any of them for injury to or death of persons, or damage to property as a result of arising out of, or in any manner 'related to this Lease, or with the occu- pancy and use of the property or improvements thereon by Lessee or its officers, agents, employees, subtenants, licensees, patrons or visitors, except liability arising out of the sole negligence of Lessor or its officers, agents, or employees, 18. TAXES AND ASSESSMENTS This Lease may create a possessory interest which Is subject to -the payment "of taxes levied, on'such interest. It Is understood and agreed that all taxes and assessments, includ- ing but not limited to said possessory interest tax, which become due and payable upon the property or improvements thereon or upon ,'� r S. _., �.; .:lr �� r k_. �,aT �t_�. M'`.{.}s �f.'�+41R+�{?'`•Cj�js 7 +, s' J .� f . ti� : �, ." a '. i � _ -. .• _" 1f�.t 'i.`� ti �r'•d%C�x'fi7: }C«:1 ,ti 9R ..l h .�h, .. 4 fixtures, equipment or other property installed or constructed thereon shall be the full responsibility of Lessee, and Lessee shall cause said taxes and assessments to be paid promptly. 19. INSPECTION Lessor or its authorized representative shall have the right at all reasonable times to inspect the property to determine if the provisions of this Lease are being complied with. 20. SUCCESSORS -IN -.INTEREST Unless otherwise provided in this Lease, the terms, covenants and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto, all of whom shall be jointly and sever- ally liable hereunder. 21. CIRCUMSTANCES WHICH EXCUSE PERFORHANOg If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, restrictive Governmental laws or regula- tions, or other cause without fault and beyond the control of the party obligated (financial inability excepted, Performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall.be extended for a period equivalent to the period of such delay. However, noth- 19 ing in this clause shall excuse Lessee from the prompt payment of any rental or other charge required of Lessee, except as may be expressly provided elsewhere in this Lease. 22. PARTIAL INVALIDITY If any terra, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall, in no way, b e affected, impaired or invalidated thereby. 23. WAIVER OF RIGHTS The failure of Lessee or Lessor to insist upon strict performance of any of the terms, covenants or conditions of this Lease shall not be deemed a waiver of any right or remedy that Lessee or Lessee may have, and shall not be deuced a Waiver of the right to require strict performance of all of the terms, covenants and conditions of the Lease thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Lease. 24. DEFAULT IN TERMS OF LEASE BY LESSEE Should Lessee default in the performance of any covenant, condition or agreement contained in this Lease, and such default is not corrected within a reasonai►le time (as dater - mined by Lessor) after Lessee receives written Notice of Default from Lessor, Lessor may: 20 r tat Terminate this Lease. All rights of Lessee and those who claim under Lessee, stemming from this Lease shall end at the time of such terminations or (b) At Lessor's sole option, cure Any such default by Performance of any act, including payment of money and add the cost thereof, plus reasonable administrative costa, to the rent. . 25. COSTS OF SUSTAINING AN ACTION FOR nREACH OR DEFAULT In the event either Lessor or Lonsee commences legal action against the other, claiming a breach or default of this Lease, the -._prevailing party in such litigation shall be entitled to recover from the other costs of sustaining such action, including reasonable attorney'g fees as may be determined by the Court. 26. RESERVATIONS TO LESSOR The property is accepted as is and where at hy' Lessee, subject to any and all existing easements and encumbrances. Lessor reserves the right to install, lay, con- struct, maintain, repair and operate such sanitary sewers, drains, storm water sewers, pipelines, manholes and connections; water, oil and gas pipelines; telephone and tele- graph power, lines and. the. appliances and appurtenances ppurtenances necessary or convenient in connection therewith in, over, upon, through, across and along the property or any part thereof, and to enter 21 } Y r _ �� ;;�,r tub 1ii ( �r�.�.*'� ; iy!a'�'��'��a� ��"�,'4..:rYci;¢�pFw�y,i � F- � -��C3• r `t �' 2,� � '� �-• � .� the property for any and all such purposes. Lessor also reserves the right to grant franchises, easements, rights -of -way and per- mits in, over, upon, through, across and along any and all por- tions of the property. No right reserved by Lessor in this clause shall be so exercised as to interfere unreasonably with Lessee's operations hereunder or to impair the security of any secued creditor of Lessee. Lessor agrees that rights granted to third parties by reason of this clause shall contain provisions that the sur-• face of the land shall be restored as nearly an practicable to its original condition upon the completion of any construction. Lessor further agrees that should the exercise of these rights temporarily interfere with the use of any or all of the property by Lessee, the rental shall be reduced in proportion to the Interference with Lessee's use of the property. 27. QUITCLAIM OF LESSEE'S INTEREST UPON TERMINATION Upon termination of this Lease, for any reason, including but not limited to, termination because of default by Lessee, Lessee shall execute, acknowledge and deliver to Lessor, within 30 days after receipt of written demand therefor, a good and sufficient Deed, whereby all right, title and interest of Lessor in the property is quitclaimed to Lessor. Should Lessee fail or refuse to deliver the required Deed to Lessor, Lessor may 22 .a!` . •_}9M. .��-r.'.X ..-kt. .. ,ri Y'r�.�n4+� v; ^=••��i`'- a^•-_. n-ice (r i-�I� Prepare and record a Notice, reciting the failure of Lessoa to execute, acknowledge and deliver such Deed and said Notice shall be conclusive evidence of the termination of this Lease and of all right of Lessee or those claiming under Lessee in and to the Property. 28. LESSOR'S RIGHT TO REENTER Lessee agrees to yield and peaceably deliver Possession of the property to Lessor on the data of termination of this Lease, whatsoever the reason for such termination. Lessee agrees to -yield and peaceably deliver Possession of the property to Lessor on the date of termination of this Lease, whatsoever the reason for such termination. Upon giving written notice of termination to Lessee, Lessor shall have the right to reenter and take posses Sion of the property on the date such termination become without further notice 'Of any kind and without institution of summary or regular' legal proceedings. Termination of the Lease and reentry of the property by Lessor shall, in no way, alter or diminish any obligation of Lessee under the Lease terms, and shall not constitute an acceptance or surrender. Lessee waives any and all right of redemption under any existing .or future law or statute in the evnat of eviction from or dispossession of the property: for any rQaaon,;or in the 21 �-s'i`'`.S.�x,r�Pr"iFC�, event Lessor reenters and takes possession of the property in a lawful manner. Lessee agrees that should the manner or method employed by Lessor in reentering or taking possession of the property give Lessee a cause of actcion for damages, or in forc- ible entry and detainer.,, the total' amount of damages to which Lessee shall be entitled in any such action shall be One Dollar. Lessee agrees that this clause may be filed in any such action, and that when filed, it shall be a stipulation of Lessee fixing the total damages to which Lessee is entitled in such an action. IN WITNESS WHEREOF, the. parties hereto have executed .this Ground Lease; the day and year first above written. LESSEE NEWPORT BEACH AQUATIC CENTER, INC. By z4 ,}�}T'Sj �t' 1'.�t�1�. rK.n' rat.S;?',.yLX,'�t�2�-3''""`� ?0$'Sc ,1 t .1�'Jut �-=t! fitn7•i�i, ti�S� I�� , =�,F+t'�� ls° „i �: LESSOR COUNTY OF ORANGE By Chairman Board of Supervisors APPROVED AS TO FORM County Counsel By: RECOMMENDED FOR APPROVAL Environmental Management Agency By: General Services Agency Facilities & Real Property Real Estate Division By• Real Property Agent By: MAwn ager ATTEST: Clerk, Orange County Board of Supervisors C ' 2.7 Z,�r2�Ff`�-'�`i�1�d. APPROVED AS TO FORM By: City Attorney ATTEST ------------ City Clerk 26 LESSOR CITY OF NEWORT BEACH BY Mayor ----_— �. q #.�',i '��,�ii�in;'�rr��}�ss�''�z�5� �•e�F�,��K;,�?; 4 tt � f � ' CONSOLIDATED REPROGRAPHICS MICROFILM DIVISION • %lye nuth�`y First American Title Insurance Company 114 EAST FIFTH STREET. (P. 0. BOX 267) SANTA ANA. CALIFORNIA 92702 • (714) 558 2211 Affidavit on Property 0--nership List Sanchez Talarico P.O. Box 1500 Corona Del Mar, Ca 92625 Attn: Darla Privitt The Atta::hed List represents the I:anses an: Mdresses of all prcpertj owners iccate3 with, 300 feet of the Exterior Boun;aries of ProFxart lacated- at as ebt3:ned rror, the i•3stest Oran;e County %ssessTew, FA S. jr f Signature} Joseph T. Perna Assistant Secretary Director of Sp cial Ser,ices First Xnerican :'itle 114 E. Sth Street Santa Ana, Cal 92702 (714)558-3211 .=: ('. 1`+.. tF. /. Mf..letf 1. ♦.� Jy „t.i�C Y i. fY 1. - t•''- r� _Y�,._..Y !.«.eur ...ir•,rurr .:it f�a?( ae'".�k�,w :tr'3a�.w�,�•i`� •{�'4�'1'a I a 0 PME SANTA ANA FZC;IS7ZR --- August 1, D84 4.4 BAY PROJ ECT ism Wft f6rdH°Kdresbwd of cOMndft.-&'nw0.' aft, canter on wmzft an a babl" to QXPKW by. J* loft (or in"fostiml OW U.B. MMW tr for At Itsit immkT of W . oiyni* Mwh N,111'11111'� ft. "Wi This wftk Shaft Co W=0 WM .8 *Kh li in olynole cow; Whkfdi balls., Mi agub WIM 0, Tbo;' -vdW, W-4 0 NEWPORT EUSIC; tj I TOLAY Aquatic By Area * Ede Ifords Rain for' as ambitious S4. WIOU arpalic cantor on Noah Nu aft-h ran into rough water last week when More than a doom pwwm who live now the site of the proposed towing fadIft turned out at a city plan- ning commission meeting to loud the Project. Tho residents, most of whom lire fa the exclusive Dover Shores area, sold they felt the 61270-squawfoot center " much larger than the kmilift otigbwUy proposed in 1982, *W& MWon apt nma OW can - ,!NO. by a 2-WI EI A JIL;;"l W',, V1,14 Center opposes R�S�aent$ "The print plan be much 'Inori ::=C: proved in the ballot measure two Tecn ago," said Peter I)Azm�:. mood, ptooldozi of the 3M Member Dover Shot" com. munity Association.' "What they have proposed now isso that would greatly impact our residential community.'. Drummond raid be was par• ticularly concerned. about potential traffic an the area's stroob, which is expected to tri- p,* I when thi center Is put Into *potation. I Present estimates prepared by A "WATIC:CENTER %V kkx"i-Owur fim,tho,moklen.. (Continvod froin pag6 1):_ wt111= Wwdow, a:foptentp up redden! Bimwy ImAL., ' Almad aa cA the rosidivulawho Wive, of " aquaft Cagier. Who has Wintheoded "stork to b"M cpyreas�ttdCA the Pk"UJJV Wfft-; the arrant, appeared fo,,' gsee .seat with the reddents..',; they'did OPPOW Ihip COOK, but kh the OM2bWGiW* WWIJ%g1 "Welty-` mom 'it lw.whateow they Want —ere hm* to be good IPCiriof ma"" - Pr*Xeed W "reef , ally and tote non-profit. Nerpoyt_ . neighbors..':sated -Whitford, who appeared -- un4hoken P by. the Aqw0lia Center, was un. eotnetlayse anQcY comisonts - he r Ocoired fravi jisitd@ub.'I. He added he was not M.- (kluge in the '11M DriAmina". He P416d, al * 6W 6PPWIkS IQ A:"tjr. "Iuy (the cit1f) OWI"?M;, 7- U04- tj "C"OU, to come up with a spocWc plan, (01W the hwki Mocaure, W= Owitr would - be better proved).c. but thsreg b4sA no the - 'MmWs planate, ; Sanchas TaImi ca' Anociat" - predict t4o facility will be treed by some M POSSOM on an average gammor Shores resident; wdd he was "choolVial a0pallod'at rho ws* of the f0:17." - "I 4xp*d*rk they weirs, going, 10 have a Imall place to launch their taroks aInd .16ir sculls _ NOW We're going to have a tremendous impaiLl (an out neighbothocd)." "I think it's a suarvedoce idea (Continued .6 page 2) • r 11�y = . W We'll J* hap ow Phu$ its mwlibik *.WMft Thu oaiettfer F pier arise warredIholl" msdlt__' 'pdrate � doika . fidne I '"Clinde*!by be Ia* oU 16rth %,,j4j6ck in, I= . 11illhou " . voloes Ia. 11:. Newport Boich , " - , d bailor -,pleasure The settler ndeld be agtaMd Riaba fecal the orates W" Whitford'sold usttl be om'l' down 04, im -a 16)m� square - oot loQiceT 00 V w,2 so..! *"arwf it 'S tht vim C E NT FROA M7 to tease bs' .tbo-' 44 IM b4kh Fred ,Tjwlillriol. -to, MOP 1W, 77 Mai .00 Oy Ow opt beol CNI - - _.. " i 4 *01 On that, S to yr: dig admf�. OWWW vc be' 6 ISM AIL." Witt::: JartaH�obt5ir�sCa 7 ba f!.,� tap heed will Now ..0 Fvmw,." t+oa. . X dc'c tyelx s(te f - C Aiti ' bWL *4* ;tire It' THE NE"WPORT ENSICN/COSTA `T'SA NEWS/IRVINZ TODAY --- July 18, 1964 0 :gLlaIC'Gl3E''; . back— A.or jimmy antscR �of propoled S4 niiUloa pgwtic �poru cm -r Stat�a�hin Newport 9kywin uke* it PudC.10 -.tl a Newport. Bcechk— : �iaintissiva lbuitd�tr.hotsitd:�eocivs;:critiari 7 tie-aPProv�sl Is ltePOMI nt if Itk organizers of the non -*At center ere stolat'td keep.on schedule for their : vPbsuinOinOjaand riacrsepactJaullfysl.cilIty . vt .. iTheweport 'Agratk ranterwferee` is' s formvnirH.lptyticin;and wiser such. water sports: °; A non.prortco atiod lieadsil Nswpo Beach mudsein4 W,ili,, Whitfot4 his%railed-f23, nrOr the P n�. uf.M Prolat grad ht Wto raise the $4 Million to build the agnatic,frie it .. •sl�t'ilse horn' bd'ort the Cart pro�krir` we neapd to mist'i tooey for fund our -effort to pet permits but Pecpk dad'i sl�t�Eji p.-c iuotie�r ta�ttil,ry b tv,e all for pmwts," HaiwievtrrWhitldidcoi>fid�f foati bwipetycs will �irnd theprojoct'arit�ai! tbaimtdletytteeJeandd:,N.,.';e.:; rAdartha;taPlamdag Cat mb2iM aw uuuupp must get ,tba -AWO al of the lifa *- — C�eitaf Cgrmi»hm and E.L sfsjort r+'t,�,i tiod:a.t�ec#rii ; .. t srtr � ,1 ua"Ceara to fuse . Il���� NtxyW.��Y�[ ��110l�it�'1hNtC�f!}a.r�c,.4�" �:,ii.... 4-'' 't�., •, : ` ' ;•IQ 1�dOf:a lla0liad �cl • lb� F �•` - w be ` ;!u �Srrd�aatilitifflid•wet`�Ve'h� flatictj IN�ICa itlidVA�tti�w� ittoorcth�rtooft-s:�ctyofedietpeti'^ta7v'e"an"'d�•rdu+,'tio } Mouth &W ittull Telssrh woiifd 6c aAeri+d as well u dan s for ha Wbilford Obaned_ 16 — . rnrrr a t7 rwt 34u=IPWu9 wraPicZ AM ■rouses iMudea smstt duct fat tot+;lalte;r btraigt, aid a�_ s' locker rootaf. a .+irei�t a a atcoartccAtop. end boat stors;c arra. ` Itkririlei iiid Nt*v. t as y isrt nuioplitt iir d ilYtarm farroMM tport:{_apd thggm e�:Ma. M belp mpptetstha �.� fif �nnpk-tidwtnpn tpe ` 0ost8airaidea45l�ifaCooairess>berot! aYmP� !Ea 4 tail tht► f M.".titit;° bsirci tsitisnS ;oo the ^bey duussuthe Raai:.roeti befara: tjir, Gfptdt wtrd thtt tpa'tknkr umm hkvt tft>eq a :�' ' :♦ front' � .. .� SMaBe,.C+t�iti�CoW�e�3=,t1C��.�iea� ,bo*�t;M�t�e��t4�/�,�.ip��.; • OMIGE COAST DAI U P I LOT JulY 16, 1984 0 NOTICE OF PUBLIC HEARING 0 Notice it hereby given that the Planning Cemnission of the City of td Public hearing on the application of Newport Beach Parks Beaches and ppecreati nrt Reachwlhold a and the Newport Beach A atic Center for Use Permit No. 3104 on pro rt located at Dertn►ent 410 North Star Jane. Request to permit the construction of a multi use Aquatic Center in the O District which includes indoor boat storage, an indoor exercise row nclensified coordinator apartment. locker r trainin hostel, multi-+s wei ht trainin room s its �nwdise esseably roomboat workshopoutdoor and indoor su rtit and related off-street rkin s acex. The ro sal also -includes a r uest to construct the ro oeed buildin at a hei ht of 28 feet with roof mounted solar anels end the hei ht of 33t feett a modification to the Zoningclerestariea at Code so as to alloy the rkin s ces for a rtion of the r iced ct Traffic Studoff-street Use i and t o approval use of com of a y, NOTICE IS HEREBY FURTHER GIVEN that a Negative Declaration has been rr► Newport Beach in connection with the application itioted above. P Pared by the City of states that, the subject davelo The Negative Declaration environment. It is the Pr+nti will not result in i significant effect an the present intention of the City to accept the Negative Declaration and supporting documents. This ie not to be construed as either approval or denial by the City of the subject application. The City encourages members of the comr�ent on this documentation. Co ies of the Negative Declaration eand supportingral public to rdoiuw and are available for public review and inspection t the PlanningDe ar cements Reach, 3300 Newport Boulevard, Newport Reach, California, 92G53-38 4 (71g)t 640i 2197. Newport Notice is hereby further given that said public hearing will be held on the 19th day of July 1984, at the hour of 7:30 P.M. in the Council chambers of the Newport Newport Boulevard, Newport Beach, California, nt which time and acaB ac and allll, 3300 interested may appear and be heard thereon. Persons James Person, Secretary, Planning commission, City of Newport Beach NOTE: The expense of this notice is paid from a filing fee collected from the applicant • CITY OP' KEIMItT 8r.AM 4`. PLAWING DEPARTMENT PLAN REVIEW RMUEST Date June 27 1963 '11BVVAbFCE Fi}.NNING DIVISZOtI C X PLANS ATTACIJED (PLEASE RETURN) YTRAFFIC ENGINEER �P2RE DEPARTMENT PLAITS ON PILE III PIAIQ(tn(; DEPTH PLAt7 REVIEW DIVISION _PARRS r. RE JMTION POLICE DEPARTMENT _ ZMARINE SAi'E'!'Y GRADING APPLICATION OF Newport Beach P,B 6 R. Department and Newport Beads Center. Aquatic FORs Use Permit No. 3104 Request to permit the construction of a multi use Aquatic Center in the Unclassified District which includes indoor boat -storage, an indoor exercise root,, training hostel, coordinator apartment, locker rooms we qht training room_ , sports medicine room, multi -purpose assembly -Dose boat workshop, outdoor and indoor support facilities and related off-street rki areas. The proposal also includes a request to construct the propasl4 build in at a tseight of 28 feet with roof mountod solar panels and clerestories at the height of 33t feed a modification to the 2onin2 Code so as to allow -the-use o act parking spaces; for a portion of the required oft street and the approval of a Traffic Study. parkings LOCATIONS 420 North Star Lanes a Portion of Lot 165, Irvine's Subdivision REPORT REQUESTED BY: July, 9,1984 C0MMISSION REVIEW: July 19, 1984 v (J 1f 4 - 1 Si natureDate C_ •L.. _001.-.E- June 29, 1984 TO: PLANNING DEPARTMENT FROM: Public Works Department SUBJECT: USE PERMIT 3104 FINDINGS & CONDITIONS OF APPROVAL FINDINGS: 1• That the design of the subdivision or the proposed improvements not conflict with any easements acquired b the eatlarge will access through or use of property within the proposedcsubdiyision. CONDITIONS: 1. That all improvements be constructed as required Public Works Department. red by ordinance and the 2. 3. 4. S. b. 7. That a standard use permit agreement and accompanying pro- vided in order to guarantee satisfactory completion Osuety improvements required of the project, if it is desired to obtain a building permit prior to completion of the public improvements. That the on -site parking, vehicular circulation and pedestrian circu- lation systems be subject to further review by the Traffic Engineer. That the design of the private drives conform with the City's Private Street Policy (L-4), except as approved by the Public Works Department, The location, width, configuration, and concept of the private drive system shall be subject to further review and approval by the City Traffic Engineer. That the intersection of the public street and proposed drive be de- signed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance requirements.eexceed twenLandscaping within the sight distance requirement may be approximately modified -four inches iathnon-criticalsight locations, subject to approval of the Traffic Engineer•. Th if 111 desired"t' have a control gate at the a trance, ra' s all be l,hvide prior�o�' the ate turn- ro s entrace' g The de shal I be revitrwed nd a roved\by thenp���W p=, Depa , nt and Fire Depa►�tmeiit. ,�cs That landscape plans shall be subject to review and a Parks, Beaches and Recreation Department and Public Wory ksDepartment. B. That a hydrology and hydraulic study be prepared and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to issuance of any grading or building permits. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required shall be the responsibility of the developer. 9. That a legal description of the subject property be prepared and approved by the Planning Department, Building Department and Public Works Department prior to issuance of any grading or building permit. 10. .�oKS d �ject-be`subje to s ap va CyQQ�--do �th Don Webb City Engineer RLH : kf t . Ax+„:. �`r.#L+"r. '� �a ,.�.�-k�L�d' ft�a1'tt'�ii3��tiY't�;?.i' �s7''�°,t4�:i-�4 �'�%i?4.i'i:�;`S+!.a'+ti-5."a'c�.'�a'-�: �%i7i�3`?;�"i�i.+�4cii'i,ti %iS€"at�� ��:�t- _•h.-k c!,' ..k :-,1 .. �.- CITY OF urwpORT BEACH PLANNING DEPARTMENT PLAN REVZSit REQUEST Date June 27 1984 PLANNING DIVISION;�.IkDVAKCE r. PUBLIC WORKS DEPARTME2IT X PLANS ATTACHED R lC ENGINEEB� (PLMSE RETURN) XAFIRE DEPA ?yiT"PLAN REVIEW DIVISION _. PLANS Ott FILE TN PI.411NING DL'PT. `PARKS G RECREATIM; POLICE DEPARTKWT MARINE SAPETy GRADING APPLICAT2021 OF Newport Beach P,B & R, Ce` tom_ Department AM Ne..Moort BeachLA uatic FORS Use Permit No. 3104 Request to rmit the construrL'on of a multi use Unclassified District which includes indoor boat stora a atic Center in the ram, trainin hostel, coordinator a artsnent, locker rocrean MIL —Weight trainine room, s zts medicine room, multj- ur se assertb2 r outdoor and indoor a�iksho rt facilities and related off-st�rent b arkin at orareas. The ro sal also includes a request to construct the ra hei ht of 28 feet with fled buildin at a height of 33t feetr a modrentorles at fication to thel Zoning ar necode ls nso ase to allo�r the the ase Of com ctPark----s aces for a rtion of the r fired off-street rkin s and the a roval of a Traffic Study. IACATIONs 420 K girth Star Lane] a Portion of Lot 165, Irvinets Subdivision REPORT REQUESTED Bys Jujy. 9,1984 COMMISSION REVIEW) July 19, 1984 C'S t k� C7 ADVANCE PLANNING DIVISION _PUBLIC WORKS DEPARTMENT TRAFFIC fxt DEPART}SE11'T REVIE4t A rvISIOf: PARKS t RECREATION POLICE DEPARTMENT .ZMARINE SAFETY GRADING CITY OF NEWPORT BEACH • PLANNING DEPAR779DIT PLAN REVIEW RD¢UEST Date Jane 27, 1984 X PLANS ATTACHED (PLEASE RETURN) PLANS ON PILE III Pi.AMtltf4 t?EP'I', APPLICATION OF N_e�rt Beach P,a & R. Department and Newport Beach 1Wuatic Center. FORT Use Permit No. 3104 Request to permit the construction of a multi use Aquatic Center in the Unclassified District which includes indoor boat storage, an indoor exercise room, training hostel, coordinator apartment, locker rooms, weight training room, sports medicine room, multi -purpose assembly root, boat workshop, outdoor and Indoor support facilities and related off-street parkin—q areas The proposal also includes a request to construct the proposed building at a height of 28 feet with roof mounted solar Eanels and clorestorien at the height of 332 feet; a modification to the Zoning Code as COcallow the use of com2act parking spaces for a portion of the required off street parking; and the approval of a Traffic Study. LOCATION: 420 North Star Lane; a portion of Lot 165, Irvine's Subdivision REPORT REQUESTED BY: July, 9,1984 COMMISSION REVIBH: July 19, 1984 Co: SMENTS s S41-ir/ /.tell #A,* RP• w.er•-.�--rt o� I%t • ADVANCE PLANNING DIVISION ;PUBLIC woRxs DEPARM6Mrr ,4TRAFFIC E;iGINEER % FIRE DEP -► FD{N REVIEW DIVISl _px)''9—& TION POLICE DEPARTMENT ;KHARXIM SAFETY GRADING CITY OF HEWPDRT BEACH • PLANNING DEPARTMENT PLAN REVIEW P.EPUEST Date June 27, 1984 X PLANS ATTACHED (PLEASE RETURi;) PLANS ON FILE If# PIAIRIING pEPT. APPLICATION OF Newport Beach P,B 6 R. Department and Newport beach Aquatic Center. FORS Use Permit No. 3104 Request to Permit the construction of a multi use Aquatic Center in the Unclassified District which includes indoor boat storage, an indoor exercise room, training hostel, coordinator apartment, locker rooms, weight training room, sports medicine room, multi -purpose assembly room, host workshop, outdoor and indoor support facilities and related off-street phrking areas. The proposal also includes a request to construct the propose building at a height of 28 feet with roof mounted solar panels and clotentories at the height of 33= feet: a modification to the Zoning Code so as to allow the Beu Of compact parking spaces for a portion of the required oft -street parY�g; and the approval of a Traffic Studv. LOCATION: 420 Borth Star Lane; a portion of Lot 165, Irvine': Subdivision REPORT REQUESTED BY: July, 9,1984 C0.'1!�lISSION REVIEWS July 19, 1984 • u �� �. ��,r LKbTwdNW4• • a. s ,L CITY or xEhwRT BLS PLA14TING DEPARTMENT . PLAN REVIEW REQUEST Date Juno 21994 AZVANCE PLANlrING DIVISION PUBLIC WORKS DEPARTMENT X PLANS ATTACfrED (pLBASE RETUP1r) '/TRAFFIC ENGIMR �,tFIPB DEPARTMENT _ PLANS Orr FILL III Pi"UldTG DEPT. 2 f PLAN REVIEW DIVISION iPA;= 6 RECREATION .P�RTlSF?JT _ 1S71RiHE SAFETY , APPLICATION OF Newport Beach P,B L R. Department and Newport Beach Aquatic Center. FORS Use Permit No. 3104 Request to pormit the construction of a multi use Aquatic Center in the Unclassified District which includes indoor boat storage, an indoor exercise room, training hostel, coordinator apartment, locker rooms, weight training zoom, sports medicine room, multi -purpose assembly room, boat workshop, outdoor and indoor support facilities and related off-strnct parking areas The proposal also includes a request to construct the propoxeid building nt a height of 28 feet with roof mounted solar panels and d_d clerestories et the height of 33± feet; a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off-street parkings and the approval of a Traffic Study. LOCATION: 420 North Star Laner a portion of Lot 165, Irvine's Subdivision MIGRT REQUESK BYs July, 9,1984 COKMISSION REVIEW: Jujl%y 19, 1984 _ /J�l���C►.. wJ� J S► �.�y c_ ew.,v�i`S Signature _�� Date ME IEh•?ORT E%Sl(;N/COSTA ?=SA 1ZUVIRVINE TODAY - Septe`ber 12, 1984 r-+,.�_.-•.T'.Brw *-f tYJ.�Ssx .�i :y:,:.+7,i�'%�3.JC-w'3'+'.F"rc..:it. "_ -is Awaoa�+�a�r No�iaio�r wdm- a ; VMS o Mile aa.loraa$daf�d�tao ' of mad lit r`= auci 'IritNe Iota t►� fyM id• halo, to� lt� a .-. ;�! Ma -� 1`a; � "� iaaiialld ot.o; : - .. _ � •. ,,.w,.b"b"Ing be dmhL. 11.lia :•.i�iriljtaw';was: tia w ..�w�r .a�.e_� A°= "- Ar+�t do . onder who IiAlri�ii.i sM'`aditw. o�. _ . ir! ttwv arri� t.� Siena=iea�oV!em ?' �!!al�i s:a�l•a f ; ,iaarJ�aa, ::.. �b a4 boil is ;.ir :aaldaat ' obdad Cain _ at ttr�eSiallsFCf"wel,:�.�iiiiid .r !a. tip Daws.1 iaaaa i bie .. is a 5; '..��_a�p�said d li% aooLd ;:.tom Ol�ap�i Ga.aaa eaiCMLI �aaraari ! �a�.t aoosi Da�1d Gea.� who �lB�.ieat` lieas'°adIef'I� ;ii lad to�rui., tieladiYµa _s 4+aa.••fra� liaa aear,N,AB aarleai :�. : =fir s ; a�.ov. ii:. ,bat"tVt '° IIaiar do lama d tii s■a g, .`osioaraiei. obv leoo psM s�a•i�o .. eeai„I;iis ..,,mi;,, 3 : ,' �o ad_by ti. GAN l.001M,`.."all eoaalaatoa, .lip Nwlait� wI"seat p�p�� adw mouiF the ahe hell .'eiiliiit' ,1ti s"7w�ttad. !b °°raisso�oa=aE., t� aio aq.itli oairiK biiwwr; . comb& a aia� aie.t.� �j� » . aie'�ae�. �!�►� �Ov Caeaao datibi aE tia l�w�-iabiaailt=� ti:,'�� - �aatdaw`ir-ti.: aws —'w� wio,atAoa� wa. a �.' ;1.as 4 ii Wiavwd beta "•,E�iLaet gplot.ami�tdtir iai ite.Y' aai�a!ad!IIR oYl�.tda aiac�lo.,.,t_ ;iiiiiliaailteti'.�"LwiMe►s Q -� . Is=a� olfotl. ww riiaa eaiiM! i. yUr`:fw[tt�'�i a�4d!fA*,:'; }' l�aiail=a�Qrdll isaalar;' :roidt =Louis ie,�,ywi eoiioliQ'oanMe'la+� s^i lam' "Win ctafdia�=:;iai�" Iwtaa°dd; �fawi ; enydfa�iecoQr�Ya�llfir= � fi.i•=. �-w aaad r: a.. ``Doaiie'Soei'asaa oa !!•"booed . .. 'aee�/nitd;xllij�raa�..:Dia» b'iani�6`ti.•biear aad'...�'., 70.'iia� lsylh'iaialis; . sari :tom dooa: !boob: sa'er, ='a j jw�ii' tia:lis* of sj Niaili� ' domms and dP '4= od'at tM . " 1'1u roieie� oamaz �� kt . !st'aeiek s♦ieaiirioi.l=Lt,• aim eiaaad i1 .�0 - AitiR�edia+t�awdaaaaaiiar ' leim 12 P, K Gret.Y arL>. �.; �e •• a iolbam Lla.li ao� i{Qit b. a!a of ' = _:aida�! �1io sgii iiia peaneb the aaaa at 11111W .W siat :i'riasaalii�a� a aaaiiolrst '' a saieiaE"'all a; ldool aiwl♦ ju ':- lviiaderx".ai�fa am told ti.t mdag d sw a t�'GW.damidG ••- , r rJria.ws! I Gin iaft An PNP=md. As fisaft now coeto" 1i.7JD `giaw ,f w of boat l" .0! aeaa for ao.i ns bowl% %m aQwm iaat d iorbw seema;•:a;=1,9Z0•atteia:Mtoot �L •�aD�ii�e+�ae+eaides i�. `malt. a�eae� olaiil oada.iaat" wv�iipp mob � li..bad,.os of lV oiitic •A 69;ma lit._ a a�rte a• al.!e�0t♦ deebiwtifi' • !!a �'` Pam! dri41 e aatK •lodatia .a : coa�owuld m�ieiaa !oa'!i� odd:'w�rel-: lasy'maatiap eooma, whsdi iod . boat; Peon by moa7 ;Dove 9 6 X:7 a hadd bt r bole of cc "Wa .90-14 tart tUftWCOMO USES NOMWICA— TO&T A%WMd 29. 104 -, - M: OP Cm em said M—Ast .266r_: '16 John pater .11111ilgi ' im dill-1110101k, of what tirT cur in VI&I VIVO tc M& UNGINNIPMOME ii .SdAIMISO&W.' hCM Met Idilk SO bolk hung cod So $3 TVO % md" W we 10, Pt=omft working towmds a --siviveit -'Beach Cons . W owns the minall beach — and the dir b Vmdt do eventual learfh.01 Go i�aEfatios_t'ia�alefaQ' thin g4d: do. . i . fidM . to - folled. I by bir dii.kniw plot *`4 .,,n dil ad conotr to reach a At ai Weems "oft. a poi: ogtownest growth at lohn. morme Aftyack HSAW sky I& Newport Reach about Wd go - QaWcorrYirpmd projedr bW='- tmb'- would W'd mot PaNik - (0010100013ok M. war approved bv •oleo 3ov� Beach in M whom ap" jocr :whfa: .ollowed to dty to Iscm the db ss�. 10*11111robt a qm . d" - Do which OM to build GO MOW. The, am I for, tbe: 61hombd suns" a6im lmiclul: tialffiv wkich apirand Waft bT the I aka- liweiei 11moodbis..' and call far clomme III! b*& .The comiuc also hop" lo"al• unit Vadd-ciam.cliddes to tba, ik with tipmftft- has *i1mr- 0OUN and Iwaler. 00a didione for the sport., ' The mvised plansan p ly me-W-led to be dbcumd by dk*'Cft PIUMeift COMINSWIDWal its. Thursday. Soptember.4. 'A The city. b to rag xbe= ic' -Af RPM" 46d. 0 0 SA.ZA ANA REGISTER - July 13, 1984 AOUAM- C: hdW Plans annou r. FROM 51 -k' MUNA'"Sk'• -ideals In the coratnunity, only • about S25AD has been raised to 'late, tal� mat! Plans for the center call for np*tc -Ccvn of ff%MuWbon- * NewPW Beach ACP _by ISAO square feet of boat swrage. an indoor- exercise area, 11,000 .)Am CerW br kxyaiwg' wwrq and w9r_""Maind ch, gim arks Ceatlot� square feet of out&or %ccesso facilities, lockers andweight-train- Mo'er CarKWWQ on NOM Star Beach * everted by )*, ISM Depart-_ we room—, as well as a training NOWPM 961ftch hWcL W Word -contends there is a CA 4 wed br an aquatic center' where 1PROPOSED TOM— Athletes as 'CCU as the gen- P JAQUATIC CENTER oral- pubiic can participate M karakirig. rowing and related aL- tivifiLm Currently, beat storage facilities NcM SW Beach are available only through p.-o- grams at.UC Irvine and Orange COM Coese. Sheila Conover. 21. of 1. . ewport Brach and a member of :be US. OIY-* canoeing and kayaking teaw arreaded a cews cm(crecce Thursday in support of the planted1rWPWtE$' aquatic crater. The OjYrN* team already uses Newport Bay as a training area. Conover said. The ft9k" sai& Although the beach property is The project comes up for re%lew cma&J by the state.lt is maintained before the city- Planning Cjxnmis- by thecitrandthecoizaty, Bemuse sion Thursday. City CouwU =em- the'elty U the pruperty's legal ber Jackie Hcathw caged -.tbe trustm AbOt the auttwrity to lease . plans *'excuft' udsl said 6 orpo- the Land. 9toject developer? said. sition to the project Ms slufacetL advtly agreed W-ftelea9e for atir i6i the Iff'; avq;�W-'hm - hi-bW�AT.Min by ALLEN O. UNVERT, 14.0., INC. 2S1 NOSryTAL ROAD. 9UIT[ ell N[M►OAT 6(ACN, CAU►ORMIA 126ej August 30, 1984 Joan Weinburn, Chairperson Newport Beach Planning Commission 33tD Newport Boulevard Newport Beach, CA 92663 Re: North Star Mutt 1-Pur osd A uatic Center Dear Ms. Weinburn: SEPG W4 PIE r B a iAM V f C6t1F. The following information Is offered with regard to the above proposed center, which was first heard by the Planning Commission July 19, 19811. My understanding Is that the original proposal approved by the residents of Newport Beach was presented In language that Indicated only a small storage and launching facility for this particular site in the Back Bay. ikmdiess to say, the North Star Beach area is one of the last pristine areas loft within the ecological system that involves the entire Bark Bay, The recent submission of plans for development of the Aquatic Center were at the least shocking and out- wardly brazen in their magnitude. I am unalterably opposed to any development of North Star Beach area that would selectively deny general public use of the area, which the public has enoyed during the past twenty years. j I will also point out that during the past 4 years the residents of Dover Shores, represented by our homeowners' group, potitioned the City Council and Planning Commission to landscape the area and also provide improvements such as jogging trails and rest areas which would not detract from the beach area or fishing areas. This was denied to the Homeowners' Association largely through the efforts of "environmentalists", led chiefly by Mr. Frank Robinson. Now we are faced with a program submission which would, in its grandiose design, prevent the use of the entire North Star Beach area from use b the public. It would, In Its size alone, limit use to a ver small general small interest activity for the entire e area, This Is unfair to the concept of public use of public lands. Several specific areas within the proposal must be addressed to show the Incredible impact that this proposed development, even scaled down, would cause. The previous application to landscape North Star Beach with Jogging trails, grass areas and rest areas was turned down because it was not In keeping with the pristine nature of the area. Refusal was also included at that time to a proposal to level the area with tailings from dredging out the two channels of Dover Shores, This was refused because "it would upset the ecological system of the beach area". The fact that North Star Beach was created by dredging the Dover Shores channels in the first place apparently escaped the attention of those who were responsible for granting or not granting that request. Now we are faced with a program that is gaining planning staff approval to create a 150 parking space parking lot which would, in effect, cover over the land with r L Page Two asphalt. This certainly files in the face of logic when previous esthetic development was denied by the City. The concept of a lighted parking lot In this beautiful residential area again flies in the face of reason and shows lack of concern that this small interest group has for one of the most beautiful areas of Newport Beach, rafnrr{ng to residential development. One wonders why this area has to not only be concerned about development of Orange County Airport but at the same tlme must contend with an outlandish proposal for development of this area. Another area was the original request for a paging system with speakers apparently over the entire aquatic area development. Any of the people who lives within a two block area of North Star Beach can support the fact that public address systems at both the Newporter inn across the bay and at the county beach across the bay are a nuisance, particularly during the summer* months. Traffic Increase and parking congestion, Just during the month of August, has been literally intolerable for those of us who live on North Star lane, the street most Impacted by this proposed development. However, the thought that Increased traffic with boats and trailers coming and going in n lovely resial area flies again in the face of reason. Residential areas are dnvoloped with the ident a concept that traffic will be at a minimum to serve the residentz of the area, it does not seem appropriate to determine how much traffic the streets can stand. As traffic increases, the quality of life decreases for those who live in this area, who pay taxes on their property, which supports the general economy of Newport Beach. Access of traffic to the Aquatic Center must basically come through quiet residential areas through two basic streets, s pass through ff Drive Orlve i.e., Westcl{ff and 22nd Street routes off of Irvine Avenue, Both avenue tial streets and residential streets only that iden- were not created for the use of a venture which borders on being commercial in nature. A review of the City Staff Report indicates that various recreational programs are Included In the proposal other than strictly rowing activities which was "the vote of the public in 1982". These areas of activity which were not specifically presented to the public include an indoor exercise area Including volleyball, basketball, weight llfting, sports medicine and a coordinator's apartment. The idea of an outdoor pool area Is most abrasive, taken in context of the nature of this area and Its juxtaposition to the Bay. Ny statement of position is simple. i am unalterably opposed to the Proposal originally submitted and also to any scaled -down version that exceeds the limits both practically and philosophically as It was presented to the residents of Newport Beach in 19$2, A storage facility with the ability to launch non -powered boats of the rowing type was the issue presented to the public. A final point to be considered Is the hours of operation requested by the special Interest group, i.e., Aquatic Center participants. The hours of operation extend from early morning and on most evenings past 10:00 P.H. Please consider the impact on this fine residential area of a lighted parking lot, an outdoor paging system, and related traffic problems that will not only occur Immediately but but will grow in magnitude if this proposal Is approved. Hours of operation for the proposal should logically be related to only daylight hours, preferably 6:00 A.M. to 6:00 P.M., since non -powered rowing -type boats do not meet the standards of safety for night time use. Page Three The kindest thing I can say about this proposal is that it is certainly ambitlous. The impact, however. on this resider.tlal area of Newport Beach is unfair, unwise, and does not fulfill the original request presented to the residents of Newport Beach In 1982. Thank you for your kind interest in reviewing fairly this proposal. Of interest, You may want to observe the consent most generally heard in the area that already traffic is intolerable, along with parking. This situation can only got worse if any excess portion is approved by the Planning Comm155i0n and City Council that alters significantly the actual and philosophical development as was originally presented to the residents of Newport Beach in 1982. Sincerely, Allen 0. Unvert, M.D. 309 North Star Lane Newport Beach, CA 92663 cc: Villageway iSanagement, Inc. AOUlbb CQMM6SON fLS J019, 1984 MtNAJiES ?_ Cky of NTyWt Beach ROLL CALL Ono ON (NM motion x 1111111 Motion was made to continue a t No. 3103 to the All Ayes Planning Commission meeting of August , w, h MOTION CARRIED. A. Traffic Study (Public Hearing) Request to consider a traffic study so an to permit the construction of a multi -use Aquatic Center in the Unclassi- - f iad,A istx-irt . --- .. ~ AND B. Use Permit No. 3104 (Public Hearing) Item N6 Traffic Study AND U.P. 1t3104 Both Request to permit the construction of a multi -use Aquatic Continued Center in the Unclassified District which includes indoor to 8123/84 boat storage, an indoor exercise room, training hostel, coordinator apartment, locker rooms, weight training roan, sports medicine room, multi -purpose assembly room, boat workshop, outdoor and indoor support facilities and related off-stroet parking spaces. The proposal also includes a request to construct the proposed building at a height of 28 feet with roof -mounted solar panels and clerestories at a height of 33± feet. A modification to the Zoning Code is alno requested so as to allow the use of compact parking spaces for a portion of the required off-street parking, and the acceptance of an environmental document. LOCATION A portion of Lot 165, Irvine's Sub- division, located at 420 North Star Lane on the northerly side of North Star Lane, easterly of White Cliffs Drive, in Weatcliff. ZONE; Unclassified APPLICANTSt City of Newport Beach and the Newport Beach AWatic Center, New- port Beach OiHMI City of Newport Beach and county of Orange -23- •L•17 " Motion All Ayes COMMSSIONERS 1 A 19, 1984 T T C • C O O 0 GtI Of s - MINUTES Planning Director Hewicker advised that staff }u�a provided the Plannir.9 Commission with a copy of the prc"rty lease, which was drafted on July 1, 1982. Additionally, Mr. Hewicker advised that the Director of Parks, Reaches end Recreation has indicated his intent to submit the subject proposal to the Parks, Reaches and Recreation Coaaaission for operational review subsequent to the Planning Ccu ois- sion's review. If, however, the planning Comminnion desires direction from the Parks, Reaches and Recreation Commission, Mr. iiewicker advised that staff Can achodulo the matter for Parks, Beaches and Recreation Cummaission review earlier than originally planned. The public hearing was opened in connection with this item and Rill Whitford, 406 Snug Harbor Road, appeared before the Planning Comrmission on behalf of the Newport Aquatics Center, Mr. Whitford requested 15 minutes for his presentation. Motion was made to allow Mr. Whitford 15 minute, in which to give his presentation, which MoTIoN CARRI$D. Mr. Whitford provided a slide presentation which described the proposed Aquatics Center. During the course of the slide prssentation, it was advised that the main objective Of the Newport Aquatics Center is to encourage and provide for public participation in human -powered aquatic events. Additional:y, it was specifically noted that a marina is not planned. The project was described AS follows: The focus of the Center will be a boat -storage building, with an adjacent maintenance platfo= and water -level launching dock. The multi -purpose section of the Center is proposed to include lockers, a meeting room, training area, and a sports medicine facility. In another area of the Canter, a boat simulator, public restroome, paddling tanks and a Performance tooting facility are planned. With respect to parking facilities, it was advised that a parking area is Proposed to be located adjacent to the facility with aceosa being provided by an internal road from North Star Drive. It was also noted that the funding for the construction and operating costs for the facility will be through pri- vate donations, with a monthly use fee being charged for members. -24- COiUVMSSONERS1 3L*19, 1964 R n � c s ? c -, o C D 4 - a� � � :1%'0 - 1 r• • 0 GtY of Newwt Beach "NUT'ES Bruce Arita, of Pulaski and Arita, appeared Wore the Planning Commission and reviewed the site plan, Mr. Arita stated that the "heart" of the Center would !a the boat storage and locker facility. Mr. Arita discussed the pro- posed parking area, advising that 125 stalls are proposed to be dedicated to the Center, With 26 stalls available for public use. Additionally, Mr. Arita discussed the suitability of North Star Beach for the proposed Aquatics - Center. 2n answer to a question posed by Casmaissioner Turner, Mr. Whitford stated that a 60' boat is the maximum length of boat that will to utilized by the Center. Mr. Whitford advised that the coats will be transported !,y trailers, which will be pulled by cars. Fred Talarico, of Sanchez-Talarico and Aszsuciates, appearod before the Planning Commission. Mr. Talarico stated that Mr. Whitford and he havo recently spokfn with the President of the Hariners Community Association, as wall as the Directors of the Dover Shores Cc=unity Associatian. Mr. Talarico relayed that both associations would lies addi- tional time in which to review the project. Mr. Talarico requested, therefore, that the subject applications be continued to the Planning Commission meeting of August 23, 1904 . Ceamniasioner Goff suggested that the applicant's representa- tives be prepared to discuus the following at the August 23, 1984 public hearings 1) Assurance that the Bay won't be adversely affected by fiberglass repairs and 2) elabora- tion pertaining to the need for an amplified public address system. Commissioner Turner reviewed that Proposition "0", which was on the ballot two years ago, asked voters whether or not they wanted to approve the use of berth Star Beach for an Aquatics Center. Commissioner Turner noted that the concept of the Aquatics Center was approved at tiat time by approximately 67% of the voters. COMissioner Turner then discussed his concern that the voters did not realize the magnitude of the proposal at the time Of said election, -25- COMMSSONMI Jus, seem • MINUTES �,as •, • ....... 11.4,101M Commissioner Bichenhofer expressed her concern with the proposed size of the facility and questioned whether a roam for sports medicine is necessary. Mr. Talarico responded that the provision of a sports medicine facility would add to the dimension of the Aquatics Center. In answer to a question posed by Commissioner Eichenhofer relative to whether any motored boats would be utilized, Mr. Talarico advised that with the exception of one or two Boston Whalers, no motored vessels would be used. Commissioner Parson questioned whether any commercial activity is planned in torms of providing human -powered craft to the general public. Mr. Talarico responded that the object of the Aquatics Center is to provide the public with access to the bay in connection with the utilization of human -powered craft. He added, however, that the Aquatics Center would not be a commercial rental facility. Commissioner King discussed the Importance of a sports medicine facility. Additionally, Commissioner King requested that the applicant provide the Planning Coomis- aion with the following: 1) a copy of the ballot issue so as to enable the Commission to compare the proposal submitted to the voters with the proposal in questions 2) additional narrative with respect to how the balance of the property would be treAted, how public access would be taken, as well as the controls which would be exercised over the general public in using the balance of the beach property. Peter Drummond, 1706 Antigua Way, appeared before the Planning Commission and stated that he in the President of the Dover shores Commmunity Association. Mir. Drummond voiced concern that the proposed scope of the Aquatics Center appears to be substantially greater than was pre- sented on the ballot two years ago. Additionally, Hr. Drummond discussed his belief that the proposed facility will negatively impact an established residential area of the community. Mr. Drummond specifically noted his con- cern related to the anticipated traffic generation, the height of the proposed structures which may impact the views from some of the area homes, as well as lighting and the public address sytmm. During the course of his -26- V COMMSSIONUS J*19, 1984 • MIP:UT'ES n � Cr • 7 0 H City of NeNmt Beach presentation, Mr. Drummond urged that the cost effective- ness of the project be evaluated. Additionally, Mr. Drummond cocaanted that if a multi -purpose facility of the capability and capacity being proposed is raadod at one single location, it should be located at a site where no established residential community would b, impacted. Ed Benson, member of the Board of Directors of the Dover Shores Community Association, appeared before the Planning Commission. Mr. Benson questioned what would become of the facility if the Aquatics Center wore discontinued. Mr. Benson also questioned whether the m4 mbarship will. be limited to local residents and/or a specific, number of participants. Commissioner Person questioned whether the applicant would conduct a view analysis from the homes which loos, down to the subject site and provide the Planning Commission with the results of said analysis. Mr. Talarica agreed to provide the Commission with the requested view data. Terry Moran, 305 north Star Lane, appeared before the Planning Commission and relayed his objection to the pro- posed magnitude of the facility. Mr. Moran voiced his concern that the value of his property will be adversely affected, as well as his concern with the anticipated traffic level. it was Mr. Moran's contention that the Aquatics Center should be situated in a commercially zoned area where residential areas would not be impacted. Kim Charney, 214 Evening Star Lane, appeared before the Planning Commission and discussed his opposition to the proposed Aquatics Center. Additionally, Mr. Charney cited his disagreement with the Negative Declaration wherein it states that, "the subject development will not result in a significant affect on the environment." Barnett Larks, 1901 Beryl Lane, appeared before the Plan- ning Commission and expressed his opinion that the scope of the project is unsuitable for a residential area. Mr. Larks also voiced his concern with the anticipated traffic level and related noise impacts. Additionally, Mr. Larks mentioned that the facility will be utilized by members, and not the general public. -27- CCyMMISSK)s� Jul 19, lase M y � � y Cn �[ pE 3 t Beach � � = & 57 of N ROIL CALL Motion All Ayes Commissioner Person requested that the applicant attempt to ascertain how the electorate envisioned the aquntics center at the time it was voted on in 1982. Mr. Talarico responded that he doesn't know how puck information can be obtained, but stated that he would work with staff to determine whether they can arrive at any cLAcepts, Mr. Talarico pointed out that the al14a show that was presented this evening is the same presen- tation that was shown to numerous organisations and indi- viduals in 1902. Mr. Talarico expressed that tad is willing to work toward a project that is acceptable to the City and to the community. Gloria Fahey, 1034 Pescadtr Drive, appeared betoro the Planning Commission and stated that although nho doesn't believe the aquatics center should be situated an North Star Beach, she hopes that, in the event the proposal is approved, the exterior appearance of the structure will be designed in keeping with the atmosphere of the surrounding residential area. MINUTES Tom White, 400 Evening Star Lane, appeared before the Planning Commission and relayed his belief that the elec- torate was misled by the original ballot proposal for the aquatics center. Mr. White discussed his concerns relating to traffic, and the proposed public addre32 system. Phyllis Franks, 222 Evening Star lane, appeared before the Planning Commission and expressed her opposition to the project, focusing on the increased crime potential. Motion was made to continue the public hearing on this agenda item to the Planning Commission meeting of August 23, 1904, which moTION CARRIED. R • f Planning C=Mission recessed at 10:45 p.m. and reconvened at 10:55 p.m. -29- COMAAiSJ+� ZRS1 Kou GALL n � z s -� ` ' _ p City of • ALqust 23, 1984 MNUIES ort Beach Development Agree Pldnnin. Meeting of September 6, 1984, which ! � Co sieaion . . , A. Traffic Study (Continued Public Hearing) Request to consider a traffic study so as to Iwrnit the construction Of a =ulti-use Aquatic Cantor in the Unclassified District. AIM B. Use Parmit No. 3104 (Continued Pcblie (t4nring) Request to pen:it the construction r,f n nvlti-use Aquatic Center in the Unclassified Uint.rict which includes indoor boat storage, an indoor erarcise room, training hostel, coordinator apartment, locker rooms, weight training room, sports medicine room, mul- ti -purpose assembly room, boat workshop, outdoor and indoor support facilities and related off-street parking spaces. The proposal also ircludeu a request to cot.struct the proposed building at a height of 28 feet with roof mounted solar panels and clerestories at a height of 33!: feet. A modification to the Zoning Code is also requested ao as to allow tho use of compact parking spaces for a portion of the required oft -street parking( And the acceptance of an environ- mental document, WCATION: A portion of Lot 165, Irline's Subdivision, located at 420 North Star Lane, on the northerly ride of Noah Star Lace, easterly of white Cliffs Drive, in westcliff. ZONE: unclassified APPLIMns: City of Newport Beach and the Newport Beach Aquatic Center, Newport poach t7FFiiERS: City Of Newport peach and the County of Orange -2- INDEX I tem 91 TRAFFIC STUDY an. ESE PER."!' r:o. 3104 Cuntinuec. tO Septerr, Der 20. 1984 COM MISSION�RS CUL X City Of ROLL CAL[ I I I ( Motion All Ayes 0 August 23, !9;4 t Beach Staff advised that the applicants have regtjgated that this item be continued to the Plennir,q Cos�rnission Meeting of SQptember 6, 1994. Motion was made to continue this item t:a the Planning CARRIED. Cocisn EDMeeting of $epterher 6, 1984, which mOTICN est t' permit renovations and additions to an ex ling nonconforming single :gaily duollinq an a lot in a R-1 District which exceeds the basic height limit in the 24/28 Foot Height Limitation District. The Pro sal also includes a rodification to the toning Code so to permit existing and proposed additions to encroach foot and 2 feet into the required 4 foot side yard a acent to Dahlia Avenue, and one foot into the required foot interior side yard. building that a croaches in.a the y required 10 `existing yard will be re ved in cor_jurctiowith the foot rear development. Proposed LOf.ATIONt Parcel of Parcel M 2-424 (Resubdi Sion No. 110) lap ocated At 2601 Way Lane, n the southeasterly corner of Way Lane a d Dahlia Avenue, in China Cove. Z.^NE: R•• 1 APPLICANPs Philip J. Gold, Cor a del Mar OWNER: Same as a Pplicant Planning Director Hewicker stated that receiving copies of letters dealing with off has been the idea of establishing a precedent ardship and application. He pointed out to 1t1� this that hardship is not a r the Planning lssion Coaaaission to requirement for the anning grunt a variance, inasmuch as i is a tern, that is not found in the i`•unicipal Code or Planning Law. Planning Director Newicker further etaatde that there are certain findings that the Pled findCommings roust make to approv4r a variance and those findings are sot forth in the Staff Report. findings to make is by virtue of the One of the tact that the -3- MINUTES INDEX VARI AIICC ttt� j j D111ED RL---LA'�ED HODIFZClr- TI0 APP--- Rip NEGATIVE DECLAP.ATIOa TO: Secretary for Resources 1416 Tenth Street Sacramento, CA 95814 Clerk of the Board of Supervisors P. O.,Box 687 NAME OF PROJECT: - Newport Aquhtic Cnnter.. FROM, PLAr:41r-c DEPAPM,;T CI -by OF t.^WWIPT 14CACH P.O. Box 1768 OEWPORT BBAC11, CA 92658-n915 PROJECT LOCATION: 420 North star Lane, Newport Beach PROJECT DESCRIPTION: construction of amulti-use aquatic sports centor for human powered boating programs, including a boat storage facility, ` locker rooms, multi -purpose meeting roams, weight room, sports. mod Wina facility and coordinator apartment. FINDING: Pursuant to the provisions of City CouncilPolicy K-3 pertaining to procedure; and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project will not have a significant effect on the environment. =`DATE RECEIVED FOR FILIRGi Environmental Aa Coordinator; . .r....,.,:r Date: July-13, 1984 �,y{": {SS`� i ! ^�aF �, ? � ),S-,i{Y,; ( � = 'u ha..i(-�`!+ •���1�`�/�C.iFY���+T�1Yt�"'"a. * ��.l+F�'�-'Ys Cdgf -..E .s�..- y . tl rw� ... .... _ .._. .-. ... .,....,••••+.r+..+-+• sr..*"Vr'M..w.YiYr.,.'>J..ii,_�wFnw,M...r•„•..G, � M..F�.. ,_ ,... -..-w .. >:..>.. .... ..._. .. ...... .., a..._... ._.- _ Lf r 1 _ r Popular with fishermen. For this reason, we feel that t lease should be fthe or only that ` ortio�, of .•.the s1.ta required for the facility. P. _... z you have any questions, do not. hesitate to cOlItact Cairl Wilcox at 714-573-4034..or, Ron Hein. at,,714-675-7491,. . Sincerely, Fred A. Worthley Jr. fi Regional -Manager Region 5 cc: Bob Wynn, City of Newport Beach Mayor Evelyn Hart; City -'of Ron.Hein Newport Beach Carl Wilcox • i .r vw+T r. .v ...,•. r..n>w., ..w ...r e...wr..er-r.w,Nw. ..>i{rH..,w•G�...... :wr..., �C.. ,..p:M.+-...w. ... ••er•wwAa.....rr+!•ww,'.v.w.-.,.wr•iw.f.,r..w.'...Y.M:,aw..:.•..Y>.c^w�,.....fw •n•V••e..::.+..✓'aw .+.>i... _ .G-4.«a....+.•, i�r".h Tt n.a w. t f. > 1 a A++,.;'.-n....i•.r,.�...,..•r,_e..s...+.«►+Mw,..w ypW'+.,..',Mw.ws:Y.�.wr•w•aMnw+`M..aw�ay r,•.,r.IMrs•w + • M•..•-..,..••... �•.i..:«...i._.•....r....>..,s..s.r.+.m..r......rt.:i'wrl'•:i.-.......,, I •...>,...,•.».,•_...•,...r.•,...w.,r.._•....:W:...,v�.a.•a..w..w....W-......,..._...i•.•.....w.i•..>•..,...; :, :.'. :>..:�;N ;:; ._ � .: -, - `: ,'. '_... ;;:!'; .i..,.e.•v,.+.+,.+we...r«.....r........_....x�•.v.w.a.....�o..«...awo+•+'lwwnww:.rw.w...M+r+►w.•w.+-....,. :1 ild y,.r.,. a >,. r,�. .. w•.`p•M w...i�V•e+� .<w,04tilMF-wb.vM+sv,.r.v'wr••wIM4.�r•YaaMr.+•s•+..>•n>re•.rra.>+r...u+>..r�.+...:+rru••�,..wv-.err�hs++Y.a+i..%lr+'..wa-.. n.rri F6.Y'•_.•,...r .. ......y -•... •_+...•v .. ....r..a•,.�n.aG+•..wx.."p:.wMrv..w,+w.a•..,H..+s>r�M •+.N..•va•W •':'>.w!w>ML'rri,•.ir•n ..,wrvs�+.>Lnsc+Y M.,•w.M4+,w>..a.. urv.,:'MK .. wur . •. 6 ' ':�3; �i!1:-'Fiif•v! i:�rt( �'rC>. i _7 F � t ��.......�a..••„��....�.lGlc��•sifaw••±«rG.e.ei.,�.wr� ' .arM1G:..kn.ru y: � l.:/ �} � �� ' ' _ ... .. .... ..A � ,t�. .: > :..•rn ♦,n , ,. .r'ov;�' .t•+tJ>ah'rMti�W.D.��.iV� :�Y++ha1•• K •'GLr'+w..i..>.rh.+:.r'.:�.S.+Wa'aC-iiiitiGk. ^«�it�+►►fw'Y.vc:.i 'i Planning Coaaai,ssion meeting Wit_ �sa3.er 6, 19H4 Agenda Item Do. 1 CITY OF t7EWPORT BYACIi TO: Planning Commission PROH: Planning Departmnt SUBJECT: A. Traffic Study (Continued Public He_ aringj Request to consider a traffic study so at; to permit the construction of a multi -use Aquatic Center in the Unclassified District. B. Use Permit No. 3104 (Continued Public Hearin Request to permit the construction of a multi -use Aquatic Center in tie unclasnified Dintrict which includes indoor boat storage, aj, indoor oxercine room, coordinator apartment, locker rooms, weight_ training room, multi -purpose assembly room, boat workshop, and related off-street parking spaces. The proposal also includes a request to construct the proposed building at a height of 20 feet and t'ae acceptance of an en- vironmental document. LOCATION: A portion of Lot 165, Irvine's Subdivision, Iocated at 420 No.th Star Lane on the northerly side of !:orth Stir Lane, easterly of White Cliffs Drive, in Westcliff. ZONE: Unclassified APPLICANTS: City of Newport Beach and the Newport Beach Aquatic Center, Newport Beach OWNEFS: City of Newport Seach and the County of Grange Applications The applicants have requested approval of a Traffic Study and a Use Permit to allow construction of a 18,228 gross square foot Aquatic Recreation Center in the Unclassi'_ed District. A Traffic study is required by any development of 10,000 square feet or more. Procedures for acceptance of a Traffic Study are contained in Chapter 15.40 of the Municipal Code. A Use Permit is required of any development in the Unclassified District. The use permit is required to establish all developcent standards, including building height limits, building site area required and yards required. Tn this case, the use permit is required to establish the Aquatic Center use, including height and building setbacks. Uee Permit procedures are contained in Chapter TiG: Aing Commission -2. 20.80 of the Municipal Code. Also requested is the acceptance of the environmental document. Background On July 19, 1984, the Planning Commission held a public hearing on the proposed Newport Aquatic Center. After a presentation of the project by the applicant and public testimony, the public hearing was con- tinued to allow review of the project by the Parks, isnachns, and Recreation Crmission, and also to allow the applicant time to review the project with adjacent community associations and ieitnrested hcroseowners. At the August 7, 1984 meeting of the Parks, Aeachas and Fecreation Commission the applicant proposed a revision to the origi- nal project, reducing the project from 61,270 sq.ft. to approximately 20,00O sq.ft. The Parks, Beaches, and Recreation Comrninaion then passed a motion to indicate to the Planning Commission support of the proposed Newport Aquatic Center (see Attachment No. 3). Me applicant has submitted revised ;clans for the flewport Aquatic Center reducing the project in size and cenix, by approximately two-thirds. Follcr-oing is a complete description and analysis of the revised project. Additionally, issues raised at th« previous public hearing are discussed. Environmental. Significance In accordance with the California Environmental Quality Act (CEQA), the "State CFQA Guidelines" (Guidelines; and City Policy Y.-3, an :nitial Study was prepared for the original project. Based upon the information contained in the Initial Study, the City's Environmental Affairs committee determined that the project will not create any significant adverse environmental effect and a Negative Declaration was prepared. As previously indicated, the proposed project has been reduced in size and scope. Since the new project is within the parameters of the original project, the Initial Study prepared is adequate for the saw proposal. Staff has provided -!thin this report revised information pertaining to the facility usage and traffic generation characteristics of the proposed project. Please bring to the meeting the cop, of the Initial Study distribution with the July 19, 1984 staff report. A copy of the Mitigated Negative Declaration is attached. Conformance with the General Plan and the Local Coastal Program Land Use Plan ,he Land Use Element of the Newport Beach General Plan designates the site for "Recreational and Environmental Oren Space" use. Included in this land use category are major parks, wildlife refuges, golf courses, bluffs, canyons and beaches. These areas are intended to be used predominantly for publicly -owned facilities and open space, or privately -owned facilities of a recreation or open space nature which ' TO: • P111inq Commission -3. are open to public use. The proposed project is consistent with the designation. The Recreation and Open Space Element shows the site as a public beach. This element of the General Plan is currently being revised, and the current draft indicates that North Star Beach should be developed with an Aquatic Sports Center. The Local Coastal Program, Land Use plan denignaters the project sit# for "Recreational and Environmental Open Space", consistent with tilt* General Plan Land Use Element. Uses which are considered compatible with this designation are the sane as those outlined in the Tana U4q Element. The proposed project is consistent with this designation. Subject ProDerty and Surrounding Land Use The proposed project involves a 9.3 acre site commonly referred to as North Star Beach. The site is located northerly of North f;taa• Lana and northwesterly of h7ifte Cliffs Drive in the Dover Shores Newport Beach. Thcr site is a tidelandsarea of aria jointly y the City ownacl b Of Newport Beach and the County of Oran(je and was crented by the Placement of dredge spoils from the estabiiahment of th.� never Shores channels ad;acent to North Star Lane, Evening Star Lane and Morning Star Lane. Southerly of the project, across North Star Lane, are single family residences. To the west and north, along the bluff top, are single family residences. To the east is Upper N<•wp-ort Bay and the Upper Newport Bay Ecological Reserve. Lease of Cit• Pro ert The Charter of the City of Newport Beach addresses the leasing of City property in Section 420. Contracts, Restrictions and Section 1402. Water Front Pry y. These Charter provisions require any lease or extension thereof in excess of twenty -fives (25) years or any lease of water -front property be approved by the majority of qualified electors at a general or special municipal election. Consistency with this requirement, the lease of North Star Beach to allow a non-profit corporation to construct, at no cost to the City, an Aquatic Center for human powered craft and related activities was proposed in the June, 1982 Municipal Election, and approved by 67% majority. Subsequent to the lease approval by the voters, a draft lease was prepared by the City Attorney's office for the ^idelands Affairs Coroittee. This lease, which must be executed by both the City of Newport Beach and the County of Oranqe, will address the precise area to be leased, the Facil.ity Management Plan and all financial and liability concerns relative to the project. Financial responsibil- ities and liabilities are subjects pertinent to the lease of the property and are the responsibility of the City Council. These items are not subjects usually reviewed in the context of a use except as they relate to the specific design of the structure permit or operational characteristics of the facility. Subsequent to approval Of All necessary permits, the lease will be finalized and executed by the City Council and Courty Board of Supervisors. APlanning Cncraissian -4. • Anal sis The project is jointly proposed by the City of Newport )sgach Parks, (teaches and Recreation Department (landowner) and Newport Beach i8:atic Center, Inc. (proponent). Newport Reach Aquatic Center, Inc. private, non-profit corporation formed for the purPOce of raising funds for the constriction and maintenance of the Aquatic Center facility. The Aquatic Center proposed will, if approved, contain a wide variety of recreational facilities designed to provide for tho needs of all levels of athletes in a comprehensive human -power boating program, as outlined below: Building Facilities Boat Storage Boat Workshop 6,720 sq.ft. Men`s and Women's Lockers 80A 2,560 sq.ft. sq.ft. Lobby ur Multi -purpose Room 672 1,08 sq.ft. sq.ft. Coordinator Apartment 1,052 sq.ft. Weight Training Offices, Restrooms and 1'920 tsq•ft. other support facilities 2,808 sq.ft. Total Structural Area: 18,228 sq.ft. The specific requests relative to these proposed uses are analyzed below: Traffic Study Approval of a Traffic Study has been requested for the purpose of issuance of building and grading permits in conjunction with the construction of the proposed project. The Traffic Study was prepared in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City policy S-1. This particular project is unique in a -at a typical "per square foot" traffic generation rate is not applicable. The analynis contained in the Traffic Study was based on conceptual characteristics of the project as originally proposed. This analysis indicated that no intersections affected by the proposed project by more the It would have an Intersection Capacity Utilization of more than 0.90. Since the revised project represents a reduction from the original proposal, it will also comply with the requirements of the Traffic Phasing Ordinance. Access and Circulation Access to and from the site will be achieved via a driveway from North Star Lane at the intersection of White Cliff Drive. The location of the driveway on the most westerly part of 'forth Star Lane will Minimize the impact project -related traffic will have oh the residences along that street. The City Traffic engineer has reviewed the proposed parking lot layout and the on -site circulation system, and has no comment on the pattern proposed. TO: P.Innnin q Commission _ 5. Roadway Capacity The trip making characteristics of the project have been developed on the assumption that the majority of the traffic would enter Westcliff Drive from Dover Drive and continue on Polaris Drive to North Star Lane. Alternate routes using Polaris Drive, Santiago Drive, Mariners Drive and Irvine Avenue are poseiblo. The impacts of project related traffic will occur primarily on Ilorth Star Lane, Polaris Drive and Westcliff Drive. These impacts are fmrK,rtant note in terms of the residents' perception of the increase in trptfic. From a capacity standpoint, these roadways can accommodate 5,000 daily trips. The following chart illustrates that the project traffic volume can be accommodated with t:.- existing available roadway capaci- ty. There will, however, be a perceptible increase in the daily traffic volumes on the westerly portion of North Star Lane and, to a lesser extent, on Polaris Drive and Weatcliff Drive. TRAFFIC DF.HANDS Location Exist. Daily Traffic Project Daily Traffic Fylsti ng Project Daily Traffic Increase North Star Lane Polaris Drive to Site 2501. 333 586 133% Polaris Drive North Star Lane to Santiago Drive 603�' 203 886 47% Westcliff Drive Santiago Drive to Dover Drive 25562283 2839 lit 1. Estimated by Traffic Modelling Actual counts, August, 1984 Use Permit No, 3104 Approval of a Use Permit has been requested to allow establishment of the Aquatic Center use on the North Star Beach site which is in the Unclassified Zoning District. Any lawful use of land is permitted in the Unclassified District subject to this approval. As previously Indicated, the general use of this site for an Aquatic Center has been the subject of Approval by the electors in a Municipal Election. The ballot mOasure approved generally described the use of the site for an Aquatic Center and supportive uses, but did not specifically describe the uses shown in the use permit application such as the locker area, boat workshop, coordinator apartment, or weight room. Any use re- quested in this application which is not deemed a use "supportive" of an aquatic sports center should not be approved as part of this application, TO: P"no1n 0 g �oQsaiesion -6. Pr,�sed Development standards Since the project is in develoPme:,t the Unclassified District, there are no g standards established to evaluate the The Unclassified District states the "building hei hts(,�s� Project. area required and yards required sha12 be as s building site Permit% The following "hall pecified In the Un" the projectr rMient standards have becsn proposed for Standard ---------------Proposed Project Site Area -& ' Floor Area 9.3 Acres 18,228 Sq.Pt. Height (0.04 Far) Setbacks 20 fe.tt North Star Lane Bluff420 fej.t to bull+ling 270 feet (wart) Day (Proposed bulkhead) "20 fert (north) Parking 100 font 63 spaces Par-i The proposed project will spaces. Due to the unique nature of he vide a total of 63 parking no readily applicable parking standards p by which facility, there arc parking demand. The applicant has indicated that the revs ate the will have a peak static use of project vehicle occupancy rate of 1•S no more than 60 persons. Assuming a required. The persons, 40 parking spaces would be roposed parking supply appears adequate to accommodate the peak demand The City Traffic Engineer has reviewed the proposed parking lot layout and has no comment. Hufl— dinc�SitQ Area The area of North Star Beach, including tidelands and uplands areas, is 9.3 acres. The floor area ratio for the project is 0.04 Staff has no objection to the Proposal on the basis of building site area. Building Setbacks The building setbacks as shown on the proposed site plan are 420 feet from north Star Tana, 100 feet from the Proposed bulkhead, 270 feet from the too of bluff to the west, and 420 feet from the toe of bluff to the north. Theme establish the building approximately in the middle of the site. the building location as proposed. Staff has no objection to Building Height The building height proposed is a maxi=um 20 structure and appurtenances. There is no s feet for the Unclassified District, but , to be ostabl�nhod�in height in The surrounding area is in the R•, District, and the 24 28 p Height Limitation District. / dot Height Planning Co=ission -7. • ;he maximum height of the proposed structure is 20 feet. Areae of the huilding at this height is the approximate 1,200 square feet of the second floor corridor and coordinator apartment. The balance of the structure is one story and 16 feet in height. The project as redesigned will have no impact on exirtinq views. THe only public view In the vicinity of the project site in (,nlaxy View Park. This park does not overlook the project site, and construction of the project will not affect views from this public park, There are several residences nlong Polaris Drive and Galaxy Drive which overlook the project site. Most of these homes on the bluff are significantly above the elevation of the project, and will not experience any view obstruction. Residences near the intersection of White Cliffs Drive which are at a lower elevation will also experience no view ob- struction, due to the lowered height of the structure and the in- crease Bay side setback. (increased from 8 feet to 100 feet), Aquatic Center Uses As previously described, the Newport Beach Aquatic (.enter will provide a comprehensive, human -powered boating program for all levels of athlete from novice to elite. The structure deniqnnd for the program includes facilities for a wide variety of activities which may be defined as "supportive" of the aquatic center use. The operational characteristics and program facilities are discussed in d.,tnl below; Pro rams The facility will house a number of programn geared to participants in the, various human -powered boating clashes, such as Kayak, Outrigger, Rowing and Recreational Boating. Those are divided into the Advance Individually Monitored group and the Public Instruc- tional Programs. The Multi -purpose room will be provided for team meetings, boating classes and stretching and warm-up exercises. Other potential programs include Youth Day Camps and Boat Cluhn. It is also anticipated that various recreation programs offered by the City Parks, Beaches, and Recreation Department will use the facilities. The applicant has indicated that the revised projjct will provide facilities for a maximum 250 daily users. Hours of Operation The conceptual operational characteristics illus- trated in the Initial study show the hours of operation to be from 6:00 a.m. to 10:00 p.m. daily, both summer and winter. Early morninq programs are only for advanced programs and are not anticipated to involve more than 30 participants at a time. Evening programs will involve classes and meetings. No outdoor programs will occur after the hour of 6:30 p.m. Boat Storage The boat storage area with adjacent areas for paddle and oar storage constitute approximately 37% of the total structural area of the building. This area is 16 feet in height (I5 foot clear inside) and is divided into three separate storage bays. The storage facility is designed to allow for security of the various boats stored there, as well as giving accomvodation to the various types of boats which will make use of the facility. Storage hay one will provide storage for approximately ten outrigger canoes. Storage bay two will provide storage for canoes and kayaks. These boats range_ from 17 to 36 feet in length and are 18 to 22 inches wide. It is estimated that a TO: Pla7fninq Commission -6. rsaxi== of 100 boats could be stored in this bay. Stor4gl bay three will be designed to accommodate recreational and competltion rowing boats. It is estimated that 5 eight man and 30 single a%nlis will be stored in this Lay. Additionally, each bay will accomaatiinte instruc- tional equipment such as rowing and paddling tanks. Boat Workshcp The facility includes a boat workshop Kroa. The primary purpose of this area is to allow minor repairs to boats to cccur on site. The project proponent has indicated that fiberglass repair of boats may occur in this area. This facility will conform to the operational hours of the Aquatic Center, and no new boat fabrica- tion will occur on site. Locker Arca Complete locker and ^bower facilities for both Caen and women are included as part of the proposed development. Multi -purport Asuembly Area A multi -purpose assembly rr✓JR has been proposed as part of the facility, which will accommodate a maximum 112 persons. This room will include folding partitions to convert the room to smaller r�netinq rooms. It is anticipated that these rt"m will be ucod for team meetings, boatinn c asnes and municipal And co=unity functions. Wei^ht Rv= A :+eight room is proposed as part of the training facil- es of the Aquatic Center. This area is to be used only by program participants, and will no-,- be available for independent weight train- ing programs. Coordinator Apartment A coordinator/caretaker apartment is proposed as part of the project, due to two primary concerns relative to the project. 1) Programs at the facility will commence at an early morning hour and continue until the late evening. It is advisable, since the provision of an on -site program coordinator will help assure that all activities are conducted in an appropriate manners 2) a great deal of valuable equipment will be stored in the facility. The security of the relatively remote site will be increased by the presence of staff 24 hours a day. Staff has included conditions which will require the presence of an on -site coordinator at all times. Additionally, this coordinator(a) should be subject to the approval of the Newport Reach Parks, Beaches, and Recreation Department. Parking Facilities As indicated previously, the facility will provide 63 total parking spaces. of these, 37 spaces are within the Aquatic Center "curity gates and 26 are outside and gates and will be avail- able to users of North star Beach at any time. Provision of open parking areas is consistent with the provision of public access facilities for the beach area. It is anticipated that the primary users of this open parking would be fishermen who current- ly use, North Star Beach during the late night and early morning hours Provision of this open parking area nhould, as a result, reduce demand for on -street parking on North Star Lane. It is therefore, receemend- ed that the parking plan be approved as proposed. TO: P11 ing Commission -9. • The Dover Shores Community Association has indicated in a letter dated August 24, 1984, that it is preferable to the association to hay, all parking spaces secured by a gate and closed at the our of 10:0o p.m. Staff has no objection to this alternate prcposal so long as rublic Parking and access to the beach is maintained along Borth Star Lane. The development plan for the Aquatic Center shows no area *pacifically for the storage of boat trailers. If trailers are stored can the site, it is possible that a significant number of Forking spaces could be occupied by these trailers. It is therefore recomanndaR that if parking/storage of boat trailers occurs on -site, additional parking areas for this use be required. The parking facilities are proposed to be lighted. staff ha* included language which Will require the parking lot lighting to be dneIgned in Such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. Additionally, the parking lot lighting shall be turned off m later then 1000 p.m. on any day, and that timing devices be install and maintained to ensure that the lights are turned off at 1G:3 p.m. Outdoor Public Addre:,s S•stem The provious Frciect included a request for an outdoor public address system. This reYuest has Hewn Withdrawn by the applicant. Public Restrooms The supporting material for the ballot measure approved in .Tune, 1982 allowing the twenty-five year lease of the property indicated that public restrooms would be provided as part of the proposed project. Consistent with this, staff recommends that the Aquatic Center restrocn facility be available to members of the general public during the center's hours of cperation. Issues During the public hearing on the project conducted by the Planning Commission and the Parks, Beaches, and Recreation Commission, various issues were raised, and are discussed be1cw: 1. Lease Provisions Many questions have been raised regarding the nature of the lease and the City'a control aver the use of the property. The lease as currently proposed, will lease the site for the aquatic center use. Several cccrents have been received to limit the land lease to the Aquatic Center area only, and not the entire site. While this is not a concern relative to the use permit, staff is aware of the concern and will bring this Concern to the City Council during the lease negotiations. 2. . Public Use of Facilities A concern has been raised regarding the public use of the site. All programs of the Aquatic Center will 1w! available TO: PlaiOnq Cotmission -10. • to members of the general public. These will be available only on a program basis. 'Mat is, classes and programs offered will be open for registration. Occasional use facilities are not proposed as part of the program. It is currently anticipated that the Aquatic Center programs will be handled through recreation prograzz registration of the Parks, Beaches and Recreation Department. In this way, through class participant limits, the 250 person limit on daily users will be controlled. 3. Alternate Sites Several persons have indicated that a preferred location for the Newport Aquatic Center is across the bay on shellmtaker Island. Staff has contacted Carl Wilcox of the California Department of Fish and Came, and this alternate site is within the Upper Bay Ecological Reserve. No new facilities of this nature will be permitted in this area. Addition- ally, the Management Plan for the U?JBER requiron the exist- ing facilities to be phased out of this location. 4. Community Relations The Dover Shores Community Association has 1rxlicated an interest in participating on any design revitrw and program design committee. It is not typical for a requirement of this nature to be included in a use permit, and is perhaps best included in the lease provisions. However, this has been made a condition of approval in that the Association and the Applicant have agreed to this participation. S. Trailering of Boats Several comments have been received regarding the adequacy of the local street system to accommodate the trailering of the longer boats (4 man kayaks and 8 man shells). The Public works Department has indicated that the street system can accommodate these trailers. Additional concerns have been raised concerning the frequency of boat trailering through the area. The Applicants have provided the follow- inq information. Once all boats are placed on the site, the major boat moving will occur during the corrpr_tition season for each class. outrigger canoes are moved approximately ten times during the months of June through September. Boats used for rowing will be trailered ;en times par yoar during the Winter and Spring. Kayaks are moved five times per year during the Winter and Spring. Staff has included a condition in Exhibit "A" limiting trailering hours to 900 a.m. to 4t00 p.m., in order to avoid unnocessarf noise impacts on the neighborhood, as well as traffic conflicts at peak hours. TO Plann a i g Caramissicn -11. Conclusion an9 Recommendation The proposed structure and uses proposed are consistent with the concept of a Aquatic Sports Center, and the development standards proposed are consistent with other development in Newport Beach. Staff, therefore, recommends approval of the Traffic Study and Use Permit No. 3104, and the acceptance of the environmental document. Should the Planning Coamicsion concur with this recommendation, Findings and Conditions of Approval are attached as Exhibit "A", Should the Planning Commission desire to deny the project, Findings for Denial are attached as Exhibit "A". PLANNING DEPARTMENT JAMES D, HEWICKF.R, Director By Patricia Tec+ple, Environmental Coordinator PT-t to UP24 Attachments: Exhibit "A" Exhibit "B" August 7, 1984 P.B.6 R. Commission minutes Letters of opposition and Support Negative Declaration • TO: P1aT.h"ng C aasnisaicn -12. • Exhibit ~A" FINDINGS AND CONDITIONS OF APkPOVAL r Environmental Document Traffic Study Use Permit No. 3104 A. ENV I RONHENTAL DCK'(k! " Accept the Environmmental Document with the findings listed below; Findingat 1• That an initial Study and Negative Declaration have been prepared in compliance with the California Environmental the Act, and that their contents have been considered in the de- cisions on this project. 2. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce poten_ tially significant environmental effects, and that the project will not result in significant on- vironmental impacts. B. TRAFFIC STUDY Approve the Traffic Study with the findings listed below: + Findings: 1. That a Traffic Study has been prepared which artialyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Policy S-1. Cade and City 2. That the Traffic Study indicates that the proj- ect -generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on any leg of the critical Intersections, but will add not to an unsatisfac•• tort' level of traffic service at any critical intersection, which will have an intersection Capacity Utilization of less then .40. C. USE PERMIT 110. 3104 Approve Use Permit Ho. 3104 with the findings and subject to the conditions listed bola '�' P1a . iing Commission -13. Findings: 1• That the proposed development is conalnte:nt with the General Plan and the Local Coaat,nl Program, Land Use Plan, and is compatible with xurroundll-g land uses. 2. That the establishment of the use will rat, under the circumstances of the particular rase, be detrimental to the health, safety, [Aficn, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and Improve- ments in the neighborhood ur the general welfare of the City, and further that the proposed project in terms of use, height, building floor area and setbacks is consistent with the legislative intent of Title 20 of the Municipal Code. 3• Adequate off -strut parking and related circulation are being vehicular provided in cunJunction with the proposed development. 4. The development will provide for both public Physical ae,d visual access to the bay. 5. That the height of the structure is ronsistent With the proposed use and will not affect any public view. adversely 5. That the project is generally consistent with the ballot measure approved by the electors in June, 1982 alluding the lease of North Star Peach for an Aquatic Center. 7. That the design of the subdivision or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within sion. the proposed sutdivi- Conditions, 1• That development shall bo in substantial confor- mance with the approved plot plan, floor Plan, end elevations except as noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard use permit nyinagreement and accompa- g surety be provided if is desired to theObtto a building permit prior to ca"Aletion of Public improvements. TO: Pl*ng COMission -14. 0 4. That the on -site perking, vehicular circulation and pedestrian circulation systems; be subject to further review by the Traffic Engineer. 5. That the design of the private drives conform with the City's Private Street Policy (L-4), except as approved by the Public Works Department. The location, width, configuration, and concept of the private drive system shall be subject to further review and approval by the City Traffic P.nryinoer. 6. That the intersection of the public ntrnet and proposed drive be designed to provi(in sight distance for a speed of 25 miles Per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance_ require- mentn. Landscaping within the sight distance line shall not exceed twenty-four (24) inches in height. The night distance requirements may be approximately modified at non -critical locations, Rubject to approval of the Traffic Etiginoor. 7. Handicap parking shall be provided to meet ccdo and shall be marked in a Manner acceptable to the Traffic Engineer. a. That a hydrology and hydraulic study be prepared and Approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to issuance of any grading or building permits. Any Wdifications or extensions to the existing storm drain, water and sewer systems shown to be required shall be the responsibility of the developer. 4. That a legal description of the subject property be prepared and approved by the Planning Depart- ment, Building Department and Public Works Depart- ment prior to issuance of any grading or building permit. 10. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Reach Municipal Code and shall he approved by the City Traffic Engineer if located adjacent to the vehicular ingress and ogress. 11. A landscape and irrigation plan for the project shall be prepared by a licensed landscape archi- tect. The landscaps plan shall integrate and phase the installation of landscaping with the proposed construction schedule. Prior to occupan- cy, a licensed landscape architect shall certify 0- Pip, Ing Commission -15. 0 to the Planning Department that the Ianciacaping has been installed in accordance with the approved plan. 12. The landscape plan shall be subject to the review Of the Putlic Works Department, the Parks, oeachec and Recreation Department, and the aK,rovhl of the Planning Department. 13. The landscape plan shall include a maintenance program which controls the use of fertilizers and Pesticides. 14. The landscape plan shall place heavy emphasis on the use of drought -resistant natives vegetation, and be irrigated with a system designed to avoid surface runoff and overwatering. 15. That a minimum of A3 parking spacex be provided for the proposed development. of those parking spaces, 26 shall remain accessible to north Star Heath users on a 24 hour basis. 16. That all employees shall park tteir vehicles on -site. 17. If a parking area for the storage of boat trailers is provided, this parking shall be in addition to the 63 parking spaces required by the project. IS. That the maximum height of the building not exceed 20 feet. 19. That the specific use and function of the facility be subject to further review and epproval of the City as part of the ground lease and required Facilities Management Plan. 20. The hours of operation will be United to 6:0o a-m. to 10100 p.m. daily, and that no outdoor programs will be offered after the hour of 7s0p peat• Only advanced training activities are permitted between 6s00 a.m. and 700 a,m. 21. That no new boat fabrication will occur on -site. 22. Trailering of boats to or from the site shall occur only between the hours of 9eo0 a.m. And 4s00 p.m. 23• NO overnight accommodations will be provided on -site, other than the coordinator apartment. 24. The on -site coordinator staff shall be subject to the approval of the Parks, Beaches and Recreation Department. A member of the on -site coordinator :o: Pla ing Commission -16. • staff shall he on the prer..ises at all times. The coordinator shall hale the authority to restrict use of the facility to individuals with motor vehicles which are in conformance with the hotf,ir Vehicle. Code. 25. The weight training facilities will be used by aquatic program participants, and will not ho available for independent weight training pro- grams. 26. Outdoor boat storage shall be limited to seasonnl storage of outrigger canoes. 27. Parking lot lightinv shall be designed in such a manner na to conceal the light er,+irce and to minimize light spillage and glare to tho adjacent residential uses. The plans shall bet prepared by a licensed ElectrieAl Fngineeri with a letter from the Engineer :stating that, in his opinion this requirement has been met. 28. That the parking lot shall be recured by gates as shown on the approved site plan. The gates shall be locked no later than 10:30 p.m. 29. The parking lot lighting shall be turned off no later than 10:30 p.m, on any day, and timing devices shall be installed and maintained to ensure that the lights are turned of at 10:30 p.m. 30. No outdoor public address system shall be permit- ted. 31. Restrooms shall be made available to members of the general public during the center's hours of operation. 32. This use permit shall expire unless exercised within 24 months from the date of approval an specified in Section 20.80.090,A. of the Newport Beach Municipal Code. 33. Construction of the project may be phased so long as no part of the facility is constructed prior to the boat storage facility. 34. That the Planning Commission may add/or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, t �= rlanning Ccmmiaslon -17. safety, peace, morals, comfort, or general welfare of the community. 35. COIlatruction of the bulkhead is autoject to ap- proval of a Harbor Permit, and is also subject to the approval of the County of tlrange, harbor, Beaches and Parks Department. 36. That an engineering study be prepared to determine the appropriate design for the bay frontage. Bulkheads, rock. revetments, or other facilities recommended by the study shall be constructed to adequately protect the onsite improvenu.nts. Newport Aquatic Center shall agree th construct, maintain, and repair the bayside facilities. The City or other puhlic agencies shall have no raspansil)ilJt:y to provide repairs to facilities flooded or damaged by erosion frm the bay and adjacent drainage course, or to atherwJ sn protect the improvements constructed on the alto, 37. The project shall comply with the Uriforn Building Code and all local Amendments, and the Cityte seismic design standards. 38. The project shall comply with the State regu- lations for the handicapped. 39. Construction shall meet the requirements; of Title 19 and 24 of the C.A.C. 40. Access to the service road circling the aquatic complex shall be controlled by the Means of a gate or other features to prevent use b'/ the general public. 41. Prior to the issuance of Building Permits, a National Pollutant Discharge Elimination 01PDES) Permit shall be obtained from the Santa Ana Regional Water Quality Control Board if any discharges to the Bay are anticipated either during construction or subsequent operation of the facility. 42. Prior to issuance of Building Permita, an Army Corps of Engineers Permit shall be obtained to allow construction of the proposed bulkhead and docking facilities. 43. Residents should be provided with a point of contact with the Newport Aquatic Center manage- ment, to handle complaints of noisy vehicles in thu parking lot or on local streets. ' TO: Anning Coaanf aXf rsn —18. 44. All mechanical equipment and trash areas shall be screened from public streets, alleyst, or adjoining Properties. 45. Extoriot lighting shall be approved t,.y the Plan- ning Department. 46. Development of the site may be nubject to a grading permit to be approved by the Building and Planning Department. 47. A grading plan will include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 48. The grading permit will include a d4acription of haul routes, access points to the site, and watering and sweepinq programs designed to mini- mize impacts of grading and haul olq rations. 49. An erosion, siltation, and dust control plan shall be submitted and be subject to approval by the Building Department and a copy will he forwarded to the California Regional water Quality Control Hoard, Santa Ana Region. SO. Grading shall be conducted in accordance with Plans prepared by a civil engineer and based on recommendations of a soils engineer and an engi- neering geologist subsequent to completion of a comprehensive soils and geologic investigation of the situ, permanent reproduction copies of the "Approved as Built" grading plans on standard -size sheets shall be furnished to the Building Depart- ment. 51. The Fire Department shall review design plans to ensure adequate access and emergency exists. 52. The provision of adequate fire floss shall be reviewed by the Fire Department. 53. Structures thall be egrsipped with fire suppression systems as required by Code. 54. Final design of the project shall provide for the incorporation of water -saving devices for lavatories and other water -using facilities. 55. All onesite drainage shall be approved by tre City Public Works Department. TO: I , Planning Caa�issio -14. 56. A weekly cleanup program around the project site shall be conducted on a regular herls. During construction, basins or other devir.an shall be installed to prevent waste from ent,:ring Newport Bay. 57. Prior to the issuance of building permits, a comprehensive soils and foundation study will be Prepared and approved b;+ the Plnnnirvl anC Building Departments of the City of Newport Beech. 58. Should any archaeological resources btr uncovered during excavation/construction, a T:alified archaeologist or paleontologist shall evaluate the site prior to completion of construction activ- ities, and all work on the Site shall be done in accordance with the City Council and r.-6. foliclEs and K-5 59. Any mechanical C(I'drment and '-"rr)nncy power generators shall be screened from view, and noise associated with said structures shn11 be sound attenuated so as not to exceed 55 dnA at the property lines. The latter shall i,n based upon the recommendations of the qualified acoustical engineer and approved by the Building Department. 60. All construction activities will be limited to the hours of 7:00 a.m. to 7:00 P.M. Konday through Friday, and 8:00 a.m. Sunday. to 5:00 p.m. Saturday and Sun 61. Use of the si*e shall be limited to a maximum of 250 persons per d&y. 62. The Dover Shoren Community Association shall participate in facility and program development COMMittees. TO: Planni ng Comission -20. EXHIBIT 08- PINDINGS FOR DE)(rAL TRAFFIC =My AND USE PETIT NO. 3104 ENVIROf1HENTAL DOCUMENT Pi-- Iddi`nq 1. An Environmental Document is not. required of Projects which are denied. TRAFFIC STUpy Pi— n�3 1• A Traffic Study in are denied. rx,t required of project which USE PERMIT NO. 3104 Findings: 1• The proposed development is rot consistent with the intent of the ballo. measure allowing the lease of North Star Beach. 2• The proposed development will have fn adverse impact on the adjacent residential streets. 3. The Proposed development generates an unacceptable amount of traffic on residential streets. 4. The .approval of Use Permit Ito. 3104 will, under the circumstances of this particular case, be detrimental to the health, safety, peace, morale and comfort and general welfare of persons resid- ing in the neighborhood and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. i`.-+':� .:ia �,:t,�.b'�.r,.�+•:�G.^T-rr�� ✓ i?rf<J�±r'r f«'wJ'�*:'+34,'� ^��.rya7i8.4 �r'„•�. i7..�=K.'�,�:i�� C i Y 0= i o C3 -c �rn "otion x Seconded x Ayes ix II x x I x x Motion x Seconded x Ayes x x A x X Potion x Seconded Ayes ! x x x Y Y Parks, Beaches & Recreation Comm; SSlOi'r August 7, 1984 City Council Chambers 7 p.m. Ex -Of ficio 1?ember Present: Ronald A. Whitley, Director Staff Present: Jack Brooks, Part': and Street Tree Slipt. Ton Line, RecreationSupt, Dottie Flohr, Secretary I. PRO___.CEpJRi�L t� �U1�RS Iter. #I The meeting of the Parrs, Ruches and Recreation was called to order at 7:05 p ;M, Commission Item #2 Roll tail was taken. Commissioners Capretz, Cohen, de Boom,1 Hopkins, King, Springer and Wolfe were present. Item #3 1 Chair Cohen amended the minutes of the July 10, 1984 m eti to read that Cohen, not King, will serve on the Budget Committee, along with Commissioners de Boom and Wolfe. Mo tion was made by de Boom and seconded by Capretz to approve the amended minutes. Unanimous. I tem #q The agenda was adopted as presented. II. ACTIO:1 ITEMS INDEX Cal to Order Roll Call Approval o: Minutes Adoption of Agenda Item PS - Review of New ort A uatic Center Propsal for North Star Beac Review of Newport Ron Whitley reviewed the background concerning the proposed Center Newport Aquatic Center which was conceived two years ago. ¢goalie Following numerous preliminary meetings, the proposal was Proposal brought to the Parks, Beaches and Recreation P Op ssion for approval in February, 1982 and then to the City Council with the idea of having a non-profit organization build a facility on public land. Since Borth Star Beach is desig- nated Tidelands and, as such, is under State jurisdiction, action was taken to place the issue On the ballot in November, 1982. !t was passed by the electorate by a 2-1 n�irgin. A tentative ground lease was prepared and provided to the Co^mission for their review. \7\ 00 C `. C • i Ac, Parks, Beaches & Recreation commission Page 2 City Council Chambers � 7 p.m. The ite«port Aquatics Center needs to obtain a permit from the Planning Co.-rnission. The Planning CorUOSSion reviewed their request and sent it to the Park;, Beaches and Recreation COrTlission with the idea in mine! that this Co -mission and staff night have corm. -rents regarding the pro- posed programs at the facility. The environmr:ntal issue is the Planning Co-rr+ission`s responsibility, The applicant and the Oover Shores Homeowners Association %ere present at this Meeting to give their input on the issue. The President of the Mariners HOMIcowner; Assoeiatfor Called Mr. 4lhf tley and told him they wished to give a nega- tive declaration since they +wider not be reprr!;�:nted this evening. In addition, Pat Temple from the Planning Depart- r.ent was present to answer any questions. Pat Temple addressed the Commission and answered questions concerning building height, etc. Ron Whitley mentioned that until the buildirg is co.npleted, staff will not know what the needs by the Parks, Beaches and Recreation Depart - i;ent will be. He added that it was never staffs intention to have activities there that are not aquatic r 1 Chair Cohen opened the meeting to public testimony, Fred Taldrico, 359 San t4iguel , who represents the liewport Aquatics Center, addressed the Commission. fie said they found North Star Beach to be the ideal site for human Power craft and that the non-profit corporation was estab- lished to provide a facility on the subject site. Mr. Talarico reviewed some of the background and ,toted that in dune of this year they applied for a Use Permit. The Planning Conrrrission asked them to first meet vrfth the Oover Shores and Mariners Homeowners Associations and the Parks, Beaches and Recreation COrrnission. They met v+ith both Boards on August 6 and hope to present to the Planning COMniSsion on August 23 a proposal comfortable for all groups. They hope to have the rest of the permits approved by November, 1984 so the facility can open by July 4, 1965. Mr. Talarico also said they hope to be at this site a long time and be a good neighbor. Since they are meeting re- sistance from the homeowner groups concerning traffic congestion, they are proposing to reduce the facility from 65,000 s.f. to 20,000 s.f. which v1 i11 accommodate 250 individuals on a peak day, rather than the original 850. Kr. Talarico passed out a Building Facility Summary for information purposes. INDEX CITY v WOOR T • BEACif-J, Parks, Beaches & Recreation Page 3 -A Z.ZC City Council Chambers tubers Commission 7 p.m. Hill Whitford, 406 Snug Harbor, addressed the C.�,�r-{« He reported the concept started by his paddling "Ion. and noting there was no place to store human iurrrer crafaret They want the site and facility to be compatiLlr, t. to the area and also to help the youth and handicapped, Mr. Whitford also explained the hours of use for ad•ianced and youth sports. The C1ildiny will be built at no cost to the taxpayers, but will be open to the public for on -going programs. Mr. Fred Talarico, 359 San Miquel, addressed th,, Cc, —,,Mission again and answered ques" cn, Concerning the, ?, year. )ease. They will raise the r-oney to build the fac i l it also serve as Instructor,-.z,. m / �n will want to have a good facilit witirphasized again th;t they tion to being a good acility quality Program. -,in addi- Capretz pointed Out that the concept itself ha; tear, endorse by the people and the Cc -Mission. What is required is some- thing cOmPatible with the needs of the people and the Aquatics Center, Ron Whitley said he felt the reduced 20,000 s,f, is adequate f in size to of programs and store boats. lie pointed out that the facility can always be expanded should the need arise. He also mentioned that the major activities will be in the water, rather than in the facility itself. F;r. Cliff Jordan, 1212 Santiago, addressed the Co.;r:ission. He said he felt Borth Star Beach is not an appropriate area duty to the potential problems which will Brost likely be 1 encountered. He felt that due to the steep hills in the i residential area that traffic will present a hazard in addition to the loud radios early in the m rning 4rnich will ? disturb their privacy, He also does not like the idea that I public access will be through their private residential area. lie stated he toes not object to the concept {tself, but feels the facility should be located in a non-resident{., area, Patricia Voss, 1219 Santiago, addressed the Comission and expressed her concern that the location would pore too many traffic hazards and burdens. Peter Druninond, 1706 Antigua ',lay, who is President of the Dover Sizores homeowners Association, addressed the Coranission. He said the original functions and size of the facility have changed and that he thought this was, to be a rotiring facility only. Due to the change in configuration, INDEX .J CITY OF NEWP00- o Parks, Beaches & Re creation ecreatlon Commisslo-,) 11 0 n0 O Page 4 .•ti,tn Z� Z. `f"1�'111 City Council Chambers -� 7 p.m. INDEX S .�— he feels it should be located elsewhere to reliivt: the potential traffic burden. lie said the scaling down to 20,000 s.f. is more favorable, however. he would iIke to ge. crore co:rr,unity response which he feels is already 100", negative. Mr. Ed Benson, 1028 Westwind Way and a member of the Dover Shores Board, addressed the Commission. He gave a brief background of the area and the impaction the proposed facility viould have on the site. lie expressed his concern regarding traffic and noise problems and felt that the facility should be located elsewhere. lie also stated he wasn't aware of the sizr_ and number of functions programmed when he first voted. lie said he thought it was going to be a rowing facility and not a physical fitness center. He said he is also concerned abou the 65` boats getting into the area. He feels the whole matter should again be reviewed. Upon the close of public testimony, there was discussion by the Camrmission. Hopkins suggested reinstating con- Ceptual approval. Cohen suggested the applicant redesign both the latest presentation which limits the size of the facility and those areas which are involved with the human power boating, as well as eliminating those areas that are duplicated by the community, i.e., nautilus, etc. The redesign should then be presented to the Planning Commissi and, if approved, staff would recommend programs the City could introduce. King felt the facility should not be limited to rowing. { Capretz felt Newport Beach Aquatics should give more though on how to decrease traffic and how to combat the negatives 4 about which Dover Shores is concerned. Ile also suggested they include the homeowner associations and staff in any future planning. He suggested the Commission cormunieate back to the Planning Commission that since it is our under- standing the applicant is considering a decrease in the facility plan and that the decrease is to be reviewed by the homeowner associations, the Commission is not in a Position to make a decision until after the applicant has submitted the new plans. When re -presented, the Parks, Beaches and Recreation Commission will review it. King motioned the Commission he on record as favoring the Concept, and that we will support the concept under the right conditions and building size and when the neighborhooi is satisfied with their concern;. Seconded by Capretz. Unanimous. i 44 .. . �. 1 AvocAoo AvtNUC, SUf T[ N[M1/OM •iAG♦.,CALIPost NIA 0✓f44b TLttn-ONc 17,41 e40.07gf1 ✓ dam '/JIl'bV�+w.f✓hP't/t4 I8700 WAIN STRtt T, %UITC AVIf MUNTINOTO„ A(AtM,CAl1/0R1,/A A/A4A Jett►./OIIt F714) 040-644„ July 16, 1984 Chairman L Hembers Newport Beach Planning Commission 3300 Newport Blvd. P.O. Box 1768 Newport Beach, Ca. 92659-8915 Re: Newport Aquatic Center Honorable Chairman and :•(embers. Y-indly bu advised that I fully support the proposed Newport Aquatic Center. As you may already be aware my daughter, Sheila Conover# will represent the united States on the Olympic kayak team. As a matter of fact she will be representing the community bf Newport Beach. Sheila is a product of the in- tense interest of local coaches mad those of the community who believe in stater sports. There are so many others out there just Like Sheila. What a wonderful commitment for the people of our area to have a first class facility for instruction, pleasure and training purposes. Is there any- thing more apropos that Newport could offer its children? The idea for such a facility is inspirational. It has been well thought out and planned by Newport people who know what they are doing, and have the dedication to make it a proud landmark for our community. I'll back it 100X. Sincerely yours, WILLIAM A. CONOVER, H.D. WAC/jr 1984 J; ;y;• CAUr July 1F, IQ84 v r /7/t/ �'44-6:f11 :►rli fSA-fJ/r Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Reach, California 92963 Re: Public Nearing, Suly 19, lgg4, on Use permit Humber 3104 - The Newport Reach Aquatic Center, APP1.Icant Gentlemen: Because I am unavailable to attend the scheduled Public Hearing, I wish to voice my objection to the application of the Newport Beach Aquatic Center to construct a multi -use Aquatic Center at 470 North Star Lane, Newport Reach, California. in locatedpinta residential neighuestion is a borhood ublic beach. The beach is grants of personal or semi-commercial�uses e of prope are erty at or near this location. The Applicant is not a charitable organization, and it does not have the same public benefit goals and objectives such groups as the Sea Scouts, and others, have, soley for the benefit of private individuals It Is organized public at large.and not the The public: beach should remain unencumbered from development by, and for the benefit of, a private, special Interest group. Further, the proposed use is not complimentary to the surrounding residential area. At the time of the land exchange involving the County, State, City and The Irvine Company, the was set aside and established as a was in question no compelling reason to now devote a Port beach. There is to the private use of this portion of that beach the expense of the public -group, or any other group, all at at -large. The Planning CommiRsion July 16, 1984 Page Two The master plan for Newport Beach, such as it ly exists, should be adhered to and strictly enforced. A deal of time, study, and thought was invested in Planningeat the uses of the limited geographical area that comprises Newport Beach. Only for what the community at large deems to be a compelling and worthwhile reason should an exception be granted to the plan. The Applicant herein does not qualify under that standard, nor any other standard. Very truly yours, Robert W. Little 412 Evening Star Lane Newport Beach, California 92660 RWL/djm ,.+.•,.'4Y.L€.t; klri•:Y�+o„ 7.r�.� °v 'r- gip, a1F..:s.. &4r 0 OFF sHorE QF MHWE, WC �YSTAR OF CO 1[= 4A THE EVEMNG VTAA Jm w MAC AxJR uwo. LWTA AM,k CA lam IHrnl4K= TYgt "G%&;"s t July 16, 1984 Chairman &fibers City of Newport Beach Planning Ccmnission 3300 NE%Port Blvd. P.o. Box 1768 tkwport Bich, CA 92658-8915 Doar Sirs: be happy t asset � the Port aqntyuatic ccyter. t the IL wily tunity for public p�ticipation�in d by pr°viciirrl a." oppor- 9""tic ability at all levels and age c�p�4 skills .in a_ he center will provide an arc and direction of our lu teur athletes for the meded gukjance P�}rams direr_tl the hanaryincluding, prQyldinq y oriented to dicapp,�, I hope the city, too, will support the mnL,, ort luatic Center. ar , r (4 A� AssoMi�s�taf,es 2691 Richter Ave, Suite 114 Irvin, CA 9M4 • 714/863191p July 16, 1984 Chairman & Members City of Newport Beach ' Planning Commission 3300 Newport Blvd. P. 0. Box 1768 Newport Beach, CA 92658-8915 Honorable Chairman: As a homeowner and resident of Newport Beach for the last twenty years, I am highly in favor of develOtMent Of the Newport Aquatic Center, I very much hope that'the`City will support the fro ect as I do. Thank' you `for your ; timo. Very truly yours, John Griffith h Amies JGA:nc a 10 _ i ! ,• • �- .., NAY f`j.y r ,`QB r' le A 'S r a'C e i Ac. _ _ _.. ... . r a .... ... . t_ s ljA,. S homes u►d nvesrmerut PETE BARRETT REALTY v� I605 WESTCllfi DRNE • NEWPORi BEACH, CAL,FORNIA 926W • MME (714) i42-szw July 17, 1984 Mr. Jerry King, Chairman Planning CorrmifisIM 3300 Newport Boulevard Post Office Box 1768 NMport Beach, Q 92663 Dear Mr. King: I would like to speak In favor of the Newport Aquatic Center. I think it is.-AortMile and a good project for the area and the ip people interested in- . rowing and paddling.v •' may the Olympic . spirit prevail. 77 Pete Barrett PB: pm r ;ts. n. �, ; U � jr � R` r..j- � , trl i{ `:."=k •r .,;.,}' Y - p -. :: J tv -/ r f July la, 1984 Planning Commissioners of Newport Beach RE: Proposal for Newport Aquatic Center ID GIRL SCOUTS G,n Scout Counca of 10"anuo Count e f"ts,n11) f" Honorable Chairman and Members of the Commission: Several Members of our Girl Scout staff have seen Bill Whitford's proposal for a Newport Aquatic Center, and we are enormously enthused with the concept. Our Council has a great need for permanent waterfront facilities Opportunityty to work with Bill Whitfordthat could be made available for expansion of our program, and we would welcome the . A recent survey conducted for the Southern California Girl Scout Councils revealed that waterfront activity was the number one program preference `or parents and girls alike. Again, we would welcome the opportunity to ealarge our water safety programs in the beautiful Back Bay setting. Sincerely, - Frances A. Whitis Executf•re Director FAk/jh 1 � ACCEt1► Pt�r.+ti C D JUL j-4rinK1 f OTY M�f RT Q C1,, • d' lCel 1 G Glt A . J 7 / LC'1L�47� C ��%ZiylGr ;iGc9yL• t fr �<r�gd .CZ CI rc l;rc �. U � "6 1J, /�? ,-y �! anee ('9 '� l� d . aECl•�- 6 J�1 .Lg 19o4 CI'r fF it tint �ENF'GT r+EACH, CALIF..00 '7rti -r M 1 r. PbA:A;110ej -Daw- 114X c,17 -0 4-t�L 77/1' �- /�w� � J��Vxs2 •S��i�,�'1' K'/�r%dfx,T r,-�/-� L�ftc � 7l- TT/UF/'f`G�� 1 AA ��fCI"t't1 Ply ?Tr )-' IU �Gt�ljtYT'�i7'AC1/,! �tl4'T7C XOA,17 Q 14arR rF�ct s1,A_ , , is iC �Crt'ri�Nl ti1,9 T� omits"/!!� %7 i1 . L' C-' 1216? V�Q i166 / S �� c r �' ��,? r�l '7• 7 774. /it tA-'y tlti �C?-I%3 s; //Jftirrt' rfy'F�y �Vdu� Ir�rs r'n/Rzrr,s ���.a I� Icy �? �� r / ,tip cr��v� �'r -� • R /l ,v PA rT nt J `" �l'Gu� f�M//lrr U.►/�7/ sxi.hL C'/Litr.J.[�,c. t�lllj l;r� /,*t 7' /iT k'sY /A'xr�I' �/_=�/�iu6 /,urc% C4/ ,t� OW. 6-Z' ' 4, f- ?Z, WAY /..) /12t �7ll�rf ici / 6U Ilt AOF Se�,I j�wP�7 A-711 t Rr-Al 6.00-- ��-Jszy2 .. t C4Zv/.VG [ Tkove, x4j- i7�iP,�u61y SJCC�4x�T.f" (.t}/�1C1� Lt N rQ!//?� Gc�tyJ/ 7f�t ��,�,� ! "r�ri1 � ��� cYF•Sff�C'E 71-In-r '>`sG UJ ILL. 13fel,t 6 c, f Jo 9ti4 c',u.re�ym s,VT. 1 w 67 �( G` u r irr t tic /Ar f :; c /Yi7 r 7, t rPOrlCA-11 L 6,C (lid - , 1 ;j";L,�`��,6� f /t���l'r�.��►��ic?7)�i �.�r=c`u'�r��E,t,� r tie, r� —�_— ':_� . -;a y rc .: .ii't tr „•'r t 1 i i - ` _._ - - C _ W .r�.: t'•i'! � S Irk � RJ'vk•%•In t�Q t �,I �_ Patricia R. Voss 1219 Santiago Drive August lI, 1984 Newport Beach, California 92660 Joan xinburn, Chairman Planning Commission 3300 Newport Blvd. P.O. pox 1768 Newport Beach, California 92658-8915 Ae: Proposed Aquatic Center on North Star Beach Bear Madame Chairman: As I sit in my family room composing my letter at 10;50 p thoughts are interrupted by the squealing tires of a carattempting to maneuver a curve at the south end of Santiago and (',ataxy Drive. 'This occurrence is hardly unusual and has resulted, In the Past, in trees in parkways being uprooted as the auto flies across Galaxy Drive into another neighbor'ssretainingswaand ll.then On another night, a young boy and his family pet were out joclging. Again,luto in n hit and run situation an 'fam struck were raOut i which died of shock before reaching the veterinarian. This doesn't happen only at night, during the da and ol(I drivers attempt this dangerous intersection at all koonffrequently excessive speeds. I always hope, they don't hit a joggc,r or unsus- pecting child. I am absolutely shocked that the proponents of this ultimate aquatic center would even contemplate placing such a high -traffic attraction in the very heart of a community with hazardous access streets. Other facilities of a similar nature are on the Pacific Coast Highway facilities on Shellmaker Island, Where is the logic in placing such a high -density project in a neighborhood which is so child -oriented, young and unsuspecting children frequent the very streets on which those would be using.Attending programs This intersection at.Santiago, Galaxy and Polaris is more of a hair -pin curve and quite blind -for those traveling up or down Polaris Drive, A similar situation exists at the westcliff access with another blind curve at Santiago and Polaris Drive. 1 ask your assistance,in placing a facility on this beach which serves the community but does not possess the obvious threat to the very young people going to Mariners Library, friend's horses, beach facilities �or simply Out• for. -a,bike ride. Most Sincerely, Patricia R..vosrs' Mother of three children Ages 11, 8 and 5 CC Mariners Association Dover • Shores 'Association Jackie Heather,. Councilwoman 0} � � ;r .e �+%•°tvir'tfayal +,, . ya.�'"6; e,.Fl a Ywicesp 12 August 1984 Miss Joan Winburn, Chairman,lplanning Commission, 3000 Newport Blvd, Newport Beach, Calif, 92883 Dear hiss Winburn: It is important to register our feelings, along with our immediate neighbors, against the present plans to locate the aquatic center on North star beach and even moreso in the --major! proportions,4.9, submitted The idea and location as now, considered are both: wrong. Why not a scaled,down version incorporated in the Dunes venture? It fits in witi, the land usage for public use in an area that is suitable for such an .. All pluses for'the'aquatic.center. operation g Accessability, parking'Or Shelimaker, favorable. To locate intn�residential area'guche'all Operation -,is a definite .wrong use ,of land ,facilitiesf resul Ling: in -more" and larger.,; problems ; in .the: very: near future. , f l{opefully your: dommiss'ion will review thfa tnattQr c; t oroughly 'and"a1.1' partie`$:`will be"favorably' served by uregidering the above"`$ugkestions'or'othera'`of nature. �,� r. Ai..rl1Ej ti i-,r rs . }Sincerely,' - a •'t :.1, "P• Ail :11.a, . (a`,t. �±� .t!fMr�{�t ... :"e. Mark L. Fahey loria R Fahey. 1034 Peseador Dr., Newport.Beach, Calif. 92880 l f7 7* V17— v+t , A 00 12 August 1984 Miss Joan Winburn, Chairman,lplanning Commission, 3000 Newport Blvd, Newport Beach, Calif, 92883 Dear hiss Winburn: It is important to register our feelings, along with our immediate neighbors, against the present plans to locate the aquatic center on North star beach and even moreso in the --major! proportions,4.9, submitted The idea and location as now, considered are both: wrong. Why not a scaled,down version incorporated in the Dunes venture? It fits in witi, the land usage for public use in an area that is suitable for such an .. All pluses for'the'aquatic.center. operation g Accessability, parking'Or Shelimaker, favorable. To locate intn�residential area'guche'all Operation -,is a definite .wrong use ,of land ,facilitiesf resul Ling: in -more" and larger.,; problems ; in .the: very: near future. , f l{opefully your: dommiss'ion will review thfa tnattQr c; t oroughly 'and"a1.1' partie`$:`will be"favorably' served by uregidering the above"`$ugkestions'or'othera'`of nature. �,� r. Ai..rl1Ej ti i-,r rs . }Sincerely,' - a •'t :.1, "P• Ail :11.a, . (a`,t. �±� .t!fMr�{�t ... :"e. Mark L. Fahey loria R Fahey. 1034 Peseador Dr., Newport.Beach, Calif. 92880 l f7 7* V17— v+t , A 00 Russell Nelson a E e t r v F o P.O. Box One 9 i"-•erne SS is 926f,6 AUG (714) 53&1112 CITY OF Hifi7; liE� 4 Utrf: August 13, 1984 N Joan Winburn, Chairwoman Planning Commission 3300 Newport Boulevard Newport Beach, California 926G3 Dear 'Ms.: Wlnburn; . T am a resident of 3100 Santiago Drive, 'Newport Reach It seems that we are In a constant battle to control the constant invasion of Newport Beach, Mrst, Wu endure soot, raw kerosene (unburned fuel), "polluted exhaust enlmissions and high intensity noise from John Wayne Airport. Second, instead of.looking at, a beautiful bey, most of the time I look Into, a mud flat:; -a result of the Poll tical .bickering regarding the use of F upper Newport Ba y Third, the auto traffic in our area•is -for: extremely high narrow;, curved,. incline'' streets-, and,now the city, is trying to impose a commercial activity in the midst of a highly restricted residential area, . The fact that this aquatic center is supposadiy non-profit' has;noEh!'ng to do with `thee desirability, "or size; conscientious',opnr`ation John ty ' 7. W'np,Airpart,Is c4rtainly &,non•.,, profit entity and with dir. a results, An aquatic center such outlined is of a -commercial nature and should be immediately. ' "'' accessible from commercial, streets. This is not Possible on the, west bluffs of Newport Bay, Your consideration will be appreciated. r �4 Sine sly, � 'e'j• ....�. ... 4 R.�w ire OL ' Russell Nelson . , a ``fr v. fit:-'1 f i f •s-, RN/rr r: , ~f\f. �'1 f 5 •.c - 1 _ 'T- f tip � 1 1 .xyrfi �4 ._ -('{1 c'A`+'f I 'ss,{{'�Y �f•� fii.J:. , s - .Y i,� 1k5. r .� r1 Ttti -� ✓C .c z 'it . i ,.�,.. 's. .+'f'.`)w...r-x ..Sxx'' � is£S � r ''k...,rF4� !r�"r's' � ",:���h.i' yS„ts. ..t•r,5a �r7i-. � �` i'L {Af.bd':;i ,..i.•ai.,....,,-'^;.��'��.J. .- iaY�T.E-t � `U' id9,17iE L. �. WM� �l'{:1> ,. /Aiilb�-'t. aFS.i.w'lSl .a. I..x'•IN_..n{3i- g1Y{t..T._rs��.l E+ . .I".:.5. 9 August 13, 1984 �� • V(.f' f tF 1 Edwin W. Amyes , .. 311 'Morning Star Lane rl Newport Beach, ' California 92660, Mrs. Joan Winburn Planning Commissioner City of Newport Beach P•O. Box 1768 Newport Beach, California 92658-8915 r Dear Mrs. Winburn; This is in regards to within the Dover Shoreshareaoosp;a;�quatic Center to be Dover Shores individually and throurh their -The residents of cated Dover Shores have determined that the iation in development of the Center are hat the excessively proposed for Purpose of providing human large for the stated included medical facilities,�odormitories, swimmoating ing pool, had Such expanded usage would overly burden thewtr�aafficpCar capacity of the residential streets. etc. Tying The establishment of a nonprofit organization rentin the City in the middle of a residential area has create an automonous entity subject after its initial `� from to control of its operations and its development onlyd .the fact. Permit process after The experience of the residents in East Bluff w club is pertinent. with the such bodies within the pvariouser oreside ution to the intrusion of�nis City of Newport would be for the CitynOfaNewrort in the that each local cotrununiL•y association have Newport to mandate the board of such nonprofit entities which are author by the City9 members on Government. .Provision is necessaryauthorized to. the Planning Commission of the City and the Cit if necessary for an appeal r for decisions which each community association Council and/or its representatives on said board determine -had adverse impact on"ita members. an not only evident from the experience ofcEast pecess,ar h is be soon in the Y is nature of the activitie8ituation in comparing size f but can as listed in the fl Proposed for the Aqatic Center na flyer that was circulated by members, of .i:��' IF is i 2.:. .• +' � .. 'r- :.� "� yr :,y .i x. � 7 y-.Y^{y •K? �F,-... _.. . - •Mrs f � I = _ '•R �� -.Joan Winburn Planning Cissioner Cityof--Newport Beach k� August 13, 1984 . Page two of that nonprofit group to the residents of the City of -Newport prior to the election which established thnir'right, to rent land adjacent north StarlBeach in Dover Shores'from the City of Newport at a nominal fee. Thant: you for your consideration in this matter. Sincerely, UM Edw n W. Amyes, v ;Vice President Dover Shores Association ' EWA:ja -cc: Mr. Ed Denson Mr. Peter. Drummond Villageway Management Association .. r - l4 r s f'!. jar t: i f - i • . i "It r t .:♦ tC.r 1'. .F : r. ` _ ,'7=, ;F4 • �-', �_ yr .. �ri , it�J - ij' .>a'�f ' •i : ,� t .. .. ..: 1. t f •i ;S.i `f •Yf yt •!'i' i.. . t i .. . ii• 1t.4. c . 1 i F � �t�I; f �}t1 1 f� f l�. It } # i ''`� 1 � _� � : �lq P i .t 4 L:! t 1 '. � `. ,. [ w `� p tia c d ,t.J -y,a i r" � v a � r i% r 3 r r fi e ,,!•sx4,.N1:5tF.st�i6^�.ri'_'S�.�ewrtc„nY�,.gwt•,�;a,f�i'r -$.u"! _.,iY y.�"a'...:.'�'.._ia��l;��l}rS�7'..�6::�`C�.r..r...sy..&_'^s'1�`i'�'.�.:•��:.:�.ie_.,r�c?:.. !.�?tio..•:..r.,_ tJi"T .:.1:_�,.ri .'i'?�'a.�.��:'.^'�._:;r - , •F � s K t 1 him W. A. Mathewr ` r: • t^� p '_ : y, Orlve, NCWPOrt ikacfi, California 92660 L. „(il..L.riG•a..Lyt f,,,,,r(r!„/G �, --o r Q....,,,�IG� f`a^`_"'�.J `:� a?. - a ' -[,..•4w� • ),� 'y',4, '' p CIO '. .. a .. -• . . �`1 . ,. i1� , _ • ' i' - r •ti:� '� , ::i�.. ,.11�.".K•l.�Y.. > -`'.' : , �Y .��y � � e�j yet+��f 5.,.� ..{ . � r- a y....r. �x � L, �.�. 1 R 3! r .: e ,, - .:s ,, + ,nti..� ,y��.�wr' �- ... 'iL.j: •s fir; 1 EMI �. y .i f%`�'C C•�c.-'sue, Y � � E .'n_N.%.�av •-f t ?.f` ti. � t. "•'"r••t" `: , � . y'l f`cr ..� I r•t''X'',�,Lc� .�F•� /L��'Lt�i ..f.�.•�1 �t'o.c� . ' ,/J�.Cv�Lc/� ' i. cy y�Ccc...G—%•t �-La �•t-1'Gc.�t;: _ ; �cx-� .l..J s�.� ••,�,lt �c�' •., /2r dl /1�Li•Ci'�.CQn'� L.. c'►wcu �ta{� C1,,y`, .(if ' <<.L�c7''' �-L✓rW_�-G�' C.f to fi��-.,fit-� l<[ 74f! r C ►1 �• /%LC C C �Y3st t o f Q -e (.Lee �-•tu��k � Cyr c ' 12 ci _ o Pt9#-fin.art.�l='r��.'?�`J.1�:8•:�A'l�»'t,.t.R"..T;x's5,.-c�?-.�t..s,?�+�e�i:�.irs,'�i�:;'JI��S.1Fs�t'�f�r�:r �4�. �. .a+h.a �.�3S�,r�' •y�".'�,.,�-. ,3i..ysv'1r,r?.�-,»�:'3+t�'a+� � ..._ ,. .�e1 TV - doe oll 14. LIS N TMM ATA _ `- -. . __am -' MARSHALL ALUMINUM DROOUCTs, INC. August 14, 1984 j j Ms. Joan Winburn Chairperson Newport Beach Planning Commission 3300 Newport Blvd. NeWport Beach, CA 92660 RE: North 'Star` Beacfi Recreation Area, Dear Ms. Winburn: 4r _vY b. Nny��. "Ir�{ R� 1:441f, 40f .10 My residence at 315 North Star Lane is in.terrible jeopardy: 1) The airport expansion program . ll obliterate residential living,infonelof thewmost ='-'desireable; areiis `of Southern ,California. 2)' The; poll"ute'd,,,waters : of the t u to governmental"iegulato Peer. bay are a disgrace ry-'agencies'. 3) A proposed Aquatic•*park" ,:on Hor_th ; 5tar beach, a single purpose utilization of va] 'b`le property �al:ainute, handful of affectionados of water play will l furt"6 deAteribratsi'ra. residential -.neighborhood that 't ,-� is -now ssibl irre Y� parably damage&.` .This..aquatic `park will4 b` `e ' �i'' �. iu2fillment=.of; one"� e a Comm Cal e-��erpriser the stain s` personal ambition in a purely residential area'that`cannot'sustain� ,.- •: t - � �`� more"; amag e. The undersigned vehemoll tl`y rprdtest an E on Nord =Star,l�each op, d., prays •thef Planning iCommissionscan ;�,�understand .the harm ''"in 'al•Yo•.rin . i improvemor, is . very Sin erel Mars al i stusr''a,4`�Yn.T+.. Aw ON AVENIx • =1RvtrlE, C,119Z7�t • t " 671 -�� r �' , Lai- ar Mgt' ri3C3i'44 �!�•CY' i=ls sifR . �'�� ; �:. 15 M: cli•l I 46 UP �1 ,� `� orb 10 445,4) 14if Aj A4 ID h,�00;�� -71 Al4 - f 4•° _c��-� 7 �` .• ;.Ave l714,1 a Jl K _ +..4. .. .... .. ... .r.: is +� .. .. .. �.ii., {_... _.t . r }..�. ....Y.. 3t ,<�§:.: +_i t�� Gi .E •e ?•'; ., _1.,__-e J,i,--rn., t..._..a.z �_,w�•i{��4 + -7- y + 41 ON itex WMA • � •''-•�"d�7i t�;-gip,* � � " •��. � :Zt 1 �• Ott CA . � / � W I•GL GxJt y�• /�j.0 ?l ='e '+ � G >< ' r 1 - '^n .^`•* 2.,4'`i 'i � y is 1. ...,.�,,,� ,j� • r psi K4 \i +� ..•' //���f ;� f'ou t . � - ' rv'• �� � t '+.ad ,es-;1� � '�� '•rQc , E a, r• At 01 ' �t„%l'Y}}``ii�A:� R.�.j}V..{,uy�f ti.�l�'� -�/: �1i...•t .- hs/�+�.�y'�•i ��� X i �.. Fz^-f..•,1 �/3��3 - jxr. Tc1' 1� S t`i- 7 is �•1 t ;� t :. i t �- � '� �J �{y�� ,��'T k n.t \a �,'"' f.�+-. '.ii r� � 4 "{;� ri .k n i i. nyz f t � r 'q� i s •� u�.rS'{ r ��i��f, ' •ta - �' ;�� Y'• ctt a.�r �F^-' qx ° tp + 'a-1 r� "a4#� ri r, ,� �/ �1�'���19� _ ,. �r-t�T% -fi 3 :r. Z j"S • � F3-n 1 'n vb .n, .} �xE: T �.. f. 7tAlDoti.r It /J lQe Q�tv��c'r6 �y Ar -S44AI w &Iqd•Io /-`� `�Cl�ct�oC�.,.� cam- • � _ . . !1 W lCl. W iXtl -toe 4 !L kjj� e. try' L /Af iw��uD %''_fT �hc�Tl�,,�l z�' ��'a ~" ��v�c'�►t� 7ld��ic �s' 71.,�'a471, � F _ 771jeICO iv/1oxT /� yit'h' !� _'� �: �.i",^. ;12.i »��rF4� � �F�.�t�� ri .r r- .t �uF ":j ''g � lRMp� �4"� ;m}5`••. � ... .. �:`'e '-:i � - S�>jJ +.1:'.y.�lt.Ait.��k��:T i��... •� A:i..�a,.,s� �.,..» ;L+y,.}� .r. � ss). +:` erT,� sa r a Y;} ,. r °i,f� fT L ` ,.Y ,..;ram'. -•<, ..lad, �' -.Y� _ i `Yf .;�k,• - �,�#,Q.!` % I�R�ilA "'G/hJW/J��-tyx;- • -Cv/t L CN L. �.. 17 r�`/ •� r/ Y6AO ., .., , .�'� .:rim , . '�l , . , ,:•;:.. tc • ' , r't'�f E, c 4 . r low :t r»-icy' �..,t�,�ij�,t,� retj„r;'w: =p /! � { • ' j? is .`c_',•.� � ,::�`i ) t •••� �. � t•a , ` _ ��rst .� ... . ate .. ` �.r ��E'�•• , .,, :.: s , s �'. - Y L.�IF�P"=•.F�'iA.t.J.-.....t.�i•�3��'.J 1�1�1i�'s .')^'�4�:iY �•u:..hY�?.�t�� iS`�-4'n �..a,a1t- {. i.-��� VY:fT �.. ice.. r\. t.._.L :1 S3Y^Ai�t. ySf ...... .t.t i_. 4:'. �P .... �I % � "� .. I. r Edward P. Benson 1028 Wlst*ind W f'14wxn Beach. CA 9 9 WS. JCAB WlSBUhN CtiAIRWIN NE•WPORT br.ACH PLANING COY.>rlISS:ON � 3300. Na;VPCRT BLVD: NLW ORT brAC11, CALIFCRHIA t . `L([ 984 t� AUGUST 14,, 19°.14 fiE'NPr.�'•1 a:jtt4. r�itr � LEAR Wi5. kIt;EiURN... CENTER L WISH TO ZXPRr'S3 My PiMOHAL OPINION REGARDING TH4 PROPOS0 AQUATIC"PLAI.Z►ED FOR NORTH STAR BEACH. IT IS NOT THAT I AK OPPCSew ZO YOUTH OR RiCRdATIC141, ACTIVITIES PnR SE, BUT THE SCOPd OF THIS PROJECT Ati IT NOfi STANDS IS FAR OUT OF LINA; FRO9 WHAT WAS ORIGINALLY INDICATED ,AL0N0.,WITH Tia FACT THAT ACCESS TO TH9 SIT&; CAN CNLY `Bj.,KADL THROUGH OUR RUIDa-TIAL COH,. MUNITY. A 475% TO 500% INCAoO `IN TRAFFIC AT 1"U POINT -OF L T} Y INTO THK pAUi- LITY MOULD Bd ONE IMPACT WE WOULD HAVE TO COh"T&W WLTii. WHEN' IT' IS REALIZ90 TFT THS' 'SQUARS •FOOd1'AGE OF TU PR"V.,'T PLAN CIS H4LF`AGAIN AS LARGS AS A STANDARD FOOTBALL`.FIELD, TfiIS •SHOULD 'FURTHKR REINFORCh; KY. FULINGS THAT"A DIFFBf h'T LOCATION SHOULD BE :FOUNT) CP. T-LW FACILITY BE RF.DUCF.D TO STRICTLY HUMAN POW&RED HOWINU CENTER AS TPL PaOPLL CRICI114LLY BELIEVW VOIJID BE TES CASE, WITH fi0 EXTRA -CURRICULAR ATHLETIC OR RSCRFATIONAL ACTIVITIES. WX GO NOT FUL IT IS ESSENTIAL THAT A FULL-BLOWN, COYPREMNSIVE ATHLa'TIC CENTER BE 0EVXLopjX AS IiOV PROPOSED BY TW, PROPONENTS. ANOTHER GRr.AT CONiCFM4 IS HOE( MOULD A 'CAP • OH THE ACTIVITIES B4 ESTABLIShAb. WITH TEN BEACH ACTUALLY BEING STATE Oi11rr.D PROPZRTY THIS COULD BECOME ONI OF TIE TOUGH PRGBLb-43 FACING OUR COAKUNITY OF HOPZOWNERS. JUST LIRE Wd HAVE. LITTLZ OR NO CONTROL ON TH3 JOHN•WAYha AIRPORT. OP&RATIONS. A GOOD NEIGHBOR POLICY BE:TWSEN THE FACILITY OPERATORS hXD OUR CO) WHITY WOULD BE ABSOLUTELY SSSKNTIAL 'AND` TOWARDS THIS 90 606 RLPRE:SEhTATIVS FROK OUR Com- KUNITY SHOULD BE PART OF A OPdRATIONAL CONTROL COWTT99 OVER-SE:&ING THS SUPER -VISION OF TH& ACTIVITIES. „ IT WWLU S%&K WIT1i A LITTLE EFFORT,OONSIDERING ALL ASPS OF THE PR0JWT, A KORS APPROPRIATi AND LIVABLE LOCATION COULD BE POUND BY THE PROPONENTS. FOR LUMPLEs THi.M IS 4.7 ACRES ACROSS THS BAY FROM THA hORTH STAR LOCATION THAT IS NOT PART Cif TRi ACTUAL WOLOGICAL PRESUVn, BUT MORi OF A b1%V1hQK QCAL BU?F1iR THAT MOULD Big FAR SUPERIOR THAN TM PROPOSED SIT&. IN FACT, UCI NOW HAS THEIR ROWING FACILITY ON A SWILL PART OF THIS SITE. THSRd 'WOULD BH NO TR1pfIC PROBLEMS, IT WOULD NOT BE ENYIRONYZ,%TALLY SENSITIVE TO A RESIDhNTIAL ARKA AND THERE WOULD BE GOOD POSSIBILITIUS OF GROWTH OF THE ROWING ACTIVITIES WHICH WOULD NOT b8 THd CASE ON THE NORTH STAR SITS. CUR HOKEOWNEM AM ht"kDY IXPACTO BY THE AIRPORT NOISS AND POLUTION, THE ON- GOING SILT PROBL", SO WE 00 NOT NEED OR WOULD IT at: JUSTIFIABLE VAT A WAVY TRAFFIC. IKPACT BE ADDED TO OUR XNVIRCNHdNT. �.' SIFCERhLY... 9Efi80N PRXSUYB. COPI96 OF MY L€`TTER MILL BEI SENT t. < TO;TfSE OTFMR XbZERS. Ofi YOUR COMMISSIclt. N',c z 'V . - .oaf• .A, ... .. Hs- Joan Kereburn Chair. Plannin Commission 1836'Santiagg Drive Newport Beach P City of N Planning.'Commission Newport'Beach, CA; 92660 ,. • '` 3300 Newport Blvd. Newport Beach, CA 92663 August 14 g , •19B4 ..1 'Dear Joaa.' I 'HBy I take Just a M r t t mute -'of your Pe ;to ask your consideration on the planned :Aquatic Facility: ;at 'Northstar Beach- f .. in cover. ; 5hores As Dover Shores residents a`1965;"`cry wife and 'I havo Notched"wtith ` concern ,the ,Lraff c growth on Santiago Drive. , .The current ,lavatch ; ver high for`'h 'residential street. ' :Any `sfgnificant increa"se,, aJch' as, would ; . 'result from the 'developii>ent"of: the;'proposed Aquatic `Faci I i,tyi kI - ' . safety 'and neighborhood'disturbance problens. Jcreate _ A modest facility'or'ar:e :locafed across from brthstar " residential street access is -available are possible solutions, ►chore `non -- Thank yov , for Your -consideration, .. ..�:.r- Yorirs :tr, 1y� • . �, .. a .., : i • ... .. `:,. :- .. .. . V�.orge;;V.;BUtler,s.! 'GYB'id �, R. f.e `e, 1 �`. , 1 t:i.'. S ,: Y. ,. rt� 1•.•..r r. a 1., [. _ r. ~F"� J.l' .:�.r .:t_ � tf , r:i •'.i^Teti. J .:i '>'. ., : is :a i ``iA ..r y yl i t \ ';♦ t 1 � J.z� ., f+ •: !_ � r /� /) .. ? 4 ' '' - " r .. N w e , l t. •1 , . r L. 1 L f ,F '"t1 3 ..:f liti 'Iy ' ,. t.CY h}•.i: .' z-. =.t:r i::, t I .•: .'i: +S.ic.: »L.: �J ,r,J�f1"•' ,....y+ r 1-z .• ,l.a•�,� '..'f [f wlt.t,j� ,`.•lP 1. a,� f JA '?ft .i i�w , !< f��l'. .... ,_ .��a i.fr ',i�:�: .1 'l ^,I"i {^`�f � � ' ?�J t, „f fact ,iJ\p�,'f• :t."f ,. i% a�',li,., �L C..'-' _. •'•....+v..l•.bf '.'; . illiat `�;i.�' a } •r�J; t`•�,n ' t.:}..s x ; J L r "fi% t• '•.:� J h n �• >ti.? r t 1{. +`i� •i '. r lj , .. Y�-:LSfSi.•'J': •,-S ,`t vl .. a aai1� >V,Ifl iwt .. . ;�• --J ��f�'`' � '�;•;'. ate:., �. .s` /E�;rC. fir:. 9-- - -.' .. J. u,AM� .�l ♦If,v� rl'A. i.t j r � .. � •� r _ � - ,. � trf I �v j,✓�?'i..i'1 'I.i �•. Y*' � �.i4'r Lt7� f/ . `� a ,f�b�� !'. r..,_. .. _ _. _ ..`` '�'1 t .t,� G.,a'H.ij( •t��rii,"rY� `y��.`' T"c �C:'�'"� r 1� �+• � r 4 .-y} � . August 16, 1984 fbbert E. fiarris 415 North Star Lane , Newport Beath, t7z 92663 % 3300 Newport Blvd.rm{ssion Newport Beach, CA 92663 RE: rt.Aquatic Center, _,inc. Omar Yam Chairman, My wife and I reside at 415 North Star jam, Newport Beach. originally, my wife and I were in favor of ar, to be located in thee back bay-rIuatic Center fact that the This �$ prima, y due to, the tort l `' people had given the' in=tial ingression boat Would' aongiat of a small boat txxise, a laurridng dock and Pr bIy,, ; wsching facilities. SPpbrt.ing. No", we have the facts; 63,000 Pa facilities for from Boot g p auc�robi automobiles, answ� , Poan a l avolley tall court, gYMnasiun facilities, classroom par'tment facility for management residency. All of us in Dover Shores have been mislee on project. Foe were given the O1 the extent of the that all of this Olympic f Games treatment and infonr future games, but for the b to be for the benefit of not only and furti�er that other benefit of our local university athletes would be afforded � extensive public municipal activities oF�rt�tY to use the facilities. It is presently apparent that the university wind Miv ing students aro do versify rowing, sailing and w"thout tine benefit of a massivepite is C in Newport Harbor, Center in our front yard. ' The noise and traffic that wo are going to be subj riot be thrust upon.a quiet residential neighbo �ed to Should Alfeady, an MWOM on the Outrigger Club has been given Permission to keep their. VitY, we _ recei �tY question and just from this to o to 15 vehicle ing UP to 50 autc obiles, almost daily, with - North Star Lane, rked on �fiitecliff Drive which Intersects 0 -- "'�+••`" � Xi.�7',^�,,F�;.t�a'� "�?i�*�".kt'ir�'�+`�".� v z.<�-rt �' q,�{�` k r � c� i � � ;rat i�t��'A����ki�r4�f�9�'��ii1F-.T.•F.IN'�.��./"rt � T iI i - �� - ` %�r",.tr, fjf� k �a }tt �: }mot' 7.'z•� YAa=�♦s � 'w,. [ Tt M- Joan Winburn, Craig + • Newport Beach Planning August 16, 1984 Cbmmfsaicm Page To 9 Ohs should not be misled by the non_Profit o3 this PrOjoct. Such a corporation is a 7°ki approach to that has been given the special status of not having to Pay•tltm. Substantial profits can be made vInich will be •> : W. ::•• . � µ �4�nt expenses, the purchase of capital assets, etc. Salaries, non-profit corporate aspect has been f fashion that one ovoid Dare to Presented to us in Much a Process of permit the COM1usion that we are in the the creation of a charitable organization. Nothing could be farther from the truth. Zfiis is a proEd business, operating within a non-profit corporate struct=a, 41. _. t y •rj•-ia r - t 'fr 3 ., , �•..' ,t, .. t .t.• .,: _ r.r 14 • - f •- .. } J � f i • •y i � +• � t . � � r . f N � ^' � .. n' S - yy ' � .i . t � .C.,.•• .. tt.. �^. it .}+ f .�- n*1 .'; =r.'. •Jf .i6s..e!rw-s>Z'.�F ..t S Lic Y,1.g:C, 31_Sr .j,,.d �t..,;:� r _-, _ F '..,..;s t� +:. +•.. ._ r 3�:' _ . r... .: s.f. 1L.: t. ..._ .. _ ... ,47 Ir e�4� It 4-nL C Ae444'4. -e4444 00 -2,'L �- F ' � r `� fr > �• j � � '� ,��`;; a ;wy a •. MUR RAY STORIA U N T , OIRrCrDM, SMA ROBERT P. WIN CARO ►ADGp^*AIAANAQER \`..,.. O Fr k N CA F_ ENVIRONMENTAL MANAGEMENT AGENCY OrEM SPACE/RECREATION/CoUNTy SERVICE AREAS PROGRAMS OFFICE' 8! I NORTH BROAOWAY SANTA AKA, CALIFORNIA 171418a4.3WS Hr. James Hewicker Planning Director City of Newport Beach P•0. Box 1768 Newport Beach, CA 92663-3884 stmn6is Proposed -North Stare h' AUG 17 1484 MAILI 4o ADDRlS81 ` P O, Box 4W8 EANTA ANA, CA 92M v a� 1, Q�� 1C V eac Aquatic Center Dear Mr. Hewicker; County- of _Orange,; joint ownerr,of an undivided; interest in North Star','Beach ~Property £or.subject"facility, has reviewed plans submitted to :, KeMFort~ Beat-i': Planning Caavmissiori ; and ' t,6 forward ` commorrta the the, project for Planning Comission,consideration. Y" staff ''indicaite °`that City will ccritinue to ssausaeppiivacevlouy' se�77 asi�s with" City pracessing�of'the, project .through'.planriin poni�ibilityrfor '< docdjie tation sequences, g� regUlAtoryr' and'emirorlalental 7 �'• a=. •'<<r" .x,y `yx-1 J^ �..A i., :'.:" �,.. 1. �..• - _,r With regard .to. the plans for,, facility asisubtaitted ;tothe,Planni ' Comilla ion on July 19, and whfch'will' be heard a4iin on August 23, wewould appreciate consideration of the following comments and.questiona: 1. 1 -..Sizeand scope. of projecta i, k ,concept ppear Ito-b� significantly greater than original proposal as suggested,by awailabl R { .... @ . infor 2 , ma Pion. Location%conPiquration,of-facilit a or heaat' Y' pears `ta limit ptiblic.-�tcc�ISB to the potion of the -leach area. - .. e ir 3. Public parkin and .: 5 pedestrian ac-essrto beach and boat launchin "facilities'duin " "' ; g aquatic centers hogr's"o£�non- g very if>Aited. operation appear io be, s - .. ,,*�71.:cc�..•i ,,�.y° •y..�. *��r,'r-h3. '�.,,, ac?v.i� b1•�; 4 Mr. James Fiewicker Page 2 , 4. Vehicle nc ' ,. . cess . to 'public launching area ,does not delineated:' _ appearto be clearly 5, Will the facility be open.and,avallable to bli nonmembers, i.e., will it provide substantial puc user 6• Will the aquatic center require membership association in order to in any specific utilize facilities on the premises? club or '. spoansorstype to dopeerationai program has been developed by the Project 8, Rave the project proponents submitted any organization to be rea f documents indicating the .,t., pon�sibla;for operation of the facility?. type of 9• WillOccasional tonal be areas available for storage of human - occasional public us available Powered boats for, "r 10, Will there be adequate public access for fishing along t - g he beach areal 11. Will there be any specific use wade of the adjacent water•,area, 'L e.' any rowing and paddling courses be established, or will an floats or docks be proposed � will P posed for Installation in thewill any additional Staff in the �--''`- Staffcurrently Open Space/Recreation/Special Districts:pr preparing a finalized Joint ogC°m Office and lease providing for a lease of the necessary area to the tJorth g powers agreement along with an aptfon Aquatic Center from the City and County Y• The joint tar Beach y grant authority to the City to act on behalf agreement 11, Interest in the property in carrying out this project. the documents provide for n one P j • The lease option develop facility -Year term in which the project propon,ents,shall' plans and specifications as well as procure a21 necessary Permits and approvals from appropriate public agencies. The option will also complete construction Bald project Includingesent evidence oconstructiotn finance and and other GIMilar items, Tte ground lease, as proposed,bonds, insurance, mutual City/County lease of property to projectwill cost.Provide for a Proponent for 25 years at no As soon as the preliminary joint power agreement and lease option documents are finalized, we will forward copies to Your office and to projectProponent for review and comments, We re documents, is quest that copies of plans and an ted upon approval by your Planning Commission Y related Of fice for our final review and approval. be forwarded to this. gL-y�w- -Mr. James Hewicker Pa go Should you have any questions regardingregarding the comments contained in this letter Rossoe progress ssO'f g the documents mentioned above, please Districts Pr Lease lkwelopment, ire the `pin ��8pace/Racreatiat#/soiclal David ogram Office, at 834-7064. pedal Very trul ' Y yours, . R. d DR:1t810-49r.. nga , 8/16/84 ccr Doreen Marshall, Sth`8upervisorial District Director, � Ems• � - . Robert n. Vernon, City Attorney City of Newport Beach 3300.Hewport Boulevard Newport Beach' -'CA '92663 Jonathan' R•:'Van''Cleave' Rartman & Associates 2QQ`Newpoit" Center=Dr.,".,,guite' 301' ;.';.::•.: 1. '.. ( ' . Nswpor t IIeach' CAr { ` '. �.{.i! •f i �. _ A{+,... Of • L -r t t,• t I e 10 j. ti.,f ,t -`i.l ••.. 1 i •i��, ftir"l >ti t J' Z / .i 4l +.t i.,.! Y i Ll ! r t(ir f.l L >v f ZE0". .e 11t �1 �•-J i. �. ,. t-Pr..�t .. j t r:a {i1��� 4�:i�l/ .. :�'e.{}•1��•:'IZ(� 4."fi :J: i� �!{. •� 'y... (1_ i-` .. •1 :+. if; i' * L':, � •.��r, t _t� n � t L`�:1„ 1:�; f: .. l_ S '.a°L.! } { 1)i:i•�,1� -d r'. , is?(�i :i .: ::`r!'. (1'.f ,{: � -� ti i„ v fir; ,r •s r.,1x e ' 'E .-.f u't r,2.,. t�L. .A•i i 1' _L.3 a% 2. e.'' �,.. M 7.;y } ii.f Si�.`� lrM:,' �'Ft�••• _ r t i C��. .r• R tI..:ll �•.. 11ftt(i t7 fir. F,! Y-•' ♦-b ry.er: ; LET ! 3" f ��..(.Y t,l-(S I j ,' .Yt i6`i'v]U Z3?'Fas'�iS;tG; t. ...�l�ii'..'SI ... t�Ex bsrh�'.uLJ,• .� rr7• .._.... rl:?�t.'i �: j.r.r Vti DOVER ,� SHORES' � Y ��' AUG 8 1934;� C0MMUNITY ASSOCIATION--i ra 4 t o;+Mt Gt(lf0&0 �s " august 20; -1984 Joan Winburn Chairperson, Planning Commission City of Newport.Bcach 3300 'Newport Boulevard Newport Beach, CA92658-891 S Dear Ms. Winburn: The Dover Shores Community Association'cocnmented at the Commission hieet,ng, `held on July 19, 198r1, on the ,Multi -Purpose Aquatic Center proposed to be located on North Star Beach adjacent to our community and directly next to the group of hamCt; situated on the Back Bay. Concern was expressed for the impwct on the entire community caused by,the Center and its extensive usage of an estimated 950 people per day, which could go even higher. This usage was estimated by the City to result In a traffic increase up to nearly a factor of 3 at the final street near the Center entrance, and a considerable increase on other streets in the community. It shauld be noted that residents had oven expressing concern about traf!!c`hazards In this area to the City before this plan was announced. While the -resultant d of f ie- may be tower thane is an a full y loaded, city street,' 6e changeIn level for this dead ended sector of a quietcommunityis immense. The tota! > npact of the proposed Censer in tertris of traffic', street parking, safety, no�sc, appearance a'na vlrw' was judged sad totaliy'UnSitistactory by -our community:' A ballot poll of our homeowners (311), take'-',' this meeting, unanimously bears this out. The views presented by Dover Shores on July.' l9, may be 'summarized as follows• I• The facility is apparently much larger than was presented at the time of the City's election in 1982. - Z. The activities are much more diverse than was understood two years agi.` `I Wei;1le'related to rowing in a training or conditioning: sense, we consider that a number of them. need not be offered at the rowing'ccntef, The multi=' cir belements of the Center by others not in the rowing fro ramsparc Major1h actors adding to the size of the facility, its usage and finally 'the lmpaci on our cornrnunity: 3. We urged'that !these alternatives A. Place the Center at another location where it is accessible, by the users and has little impact on an existing community.t `One such site;'and'there arc'n0 doubt others, is across the Bay from North Star Beach near the UCl rowing facility.'.. .., -.rya .., c�.''•&�r.KC&1."�T��.�r'us�i:i."r. r�N�!'r�f.cike ri��r� #'ic� fNtYt_�,1t ':,� a" �..,` v� s i+'"'.r'>Ya•:�cft'.'ii�''i'1a$*�'w+7ti13y9y, B. Place the Center on North Star Beach, but limit the activities and facilities to that arc strictly rowing related. It is important to note that many residents, including those those that would only endorse a much scaled down facility and activity, remain con- cerned about community impact as previously discussed. As requested by the Planning Commission in the July meeting, the Dover Shores and Mariners Community Associations held a meeting with Aquatic Center representatives on August 6th to permit an exchange of information and concerns. On August 7th, at the parks, Beaches and Recreation Commission Meeting, Mr. Ralarico, representing the Center, indicated that they now believed that they can reduce the facility size to no more than 20,000 sq.ft. from some 57,000 sq,ft. and with daily usage dropping from 850 to 250 comparison, the approximate combined area for boat storage and OCC�way ow ngofacil ties is 4,700 sq•ft• with a total area including offices and shop space of about 7,700 sq.1t. we expressed at that meeting that we considered that it is likely that a !wtisfactory operation could be established at the Center with'a facility well under 20,000 sq.1t. We were asked by the Parks, Beaches do Recreation Commission to and City PlanningDe maet with Center planners Department personnel to discuss size and review usage levels. This was done on August 15 Mr. Whitford presented a new layout showing 18,200 sq.ft. of covered area with a maximum height of 20 SOL The activities offered at the Center were much reduced from the original plan and the daily usage was limited to 250 for 37, Center ,users and , for 26 other beach tiers. people per day. Parking was provided were. discussed, . For example, the new plan would not include a e facilities and its operation gate across the parking lot entrance would be placed at the entrance from North Star. Lane. public address system, and the Should the derision. be made by the City to not relocate the Center and with, the, reduc' ed�facility plan at North Star Beach, it, is res further, to`.proCCed be included in the overall plait: pectfully urged that these criteria 1. The activities be limited to those that strictly concern rowing itself boat s maintenance, with limited space for offs: , 'locker rooms, torage and and limited parking. msr meeting rooms, rest rooms 2. The facility plan be reviewed with the Dover Shores Community Association r firmed..up. before being 3. No other developments be permitted,at North Star Beach, 4. The terms'of the lease agreement Includei ' A. The land leased be limited to that area, needed for,the.reduccd_[acillt` B. A limit on the facility size of 18,200 sq.ft. y plan, C. A`limlt on the Center usage' 0250 a` - - pie per day. t - tit. .." ., .. ,. •�,. •'rJ; ��.r � +''^"ib:.l`T* R;S:A""i,ri�l:'4'.�1;:`s�.',.,..� a6fi:. rcj4'...t Leif s�.•_ _,,.,.,.. _ : w..r.%.-- ,...1,. i.i ... ,a:.ra... ... r-_ .. - - Page 3 Joan Wiraxim Chairperson,. Planning wpCominisaian City of Newport Beach August 24,' 1984 , D.. An: identification of the type of activities to be offered. E. The parking lot be closed at 10;00 P.M. F. The: early .morning rowing activities be strictly controlled to ensure G. Theamountof boat trailering be limited and.dane tietwecn 8:t)p'q�M quiet conditions. H. Provisions for maintenance of the ;facility and grounds,on!arcontinuin bndj6rQ� P.M.I. Provisions for the disposition of the facility atid'othcr Impr' nts' at the •end of the lease period, ove I Provision for an Advisory Administrative Group, with membership to include Dover Shores Community; Association .representation, empowered to reviewend endorse; .1 Architectural ieatures of the facility dur;:�g the Veslgii, devrta •, structian phases:p: ent;,andJcon- 2. byeralf Center program.and,activities. 3. Center -usage plihs �anii reco ils of u sage. PPS on..comments.and complaints relative •to.. the:activities and operations. We appreciate the opportunity to work with the City on thisnewathletic ^ involved itt'its development<and operation in harmony facility and to be • �,., ;; , _ .. r Y with. the .community. Sincerely,- f _ 7. 'tr: Jti .tt': ;- ,.. t r v '• t i ';,�:"r: //f'����Ss is �J :�e�83 .} �i y 3 >.t.•a i.., t H � C� r n.�4ri ta'..}tj �c.; .. � �.t^,�yff..}. (, 3� :�1 `t ��. ;•,.i rJ G• oo. ,Y.>+R s oRE5 G SSQ�IAZION:. n Pods•J, r d.11 "'i :J y1 f}'r {1 '• r ' y .� J Y _,.r it::a Ki • ..r:ri; '.},.s :.4� ::.�''�L+�:.ii. ..+i %.•y!.tt,.:rr i .. ...'" .. •. i ..ii•''t •! c i[((':•t �' �:) • _ - 1 ,j { •t.i. :J to _ _ .,.: f. L- :T •Yl .�.%CiiFi L• •= a .l L:�i A'f� L1:; ;.;y '.; t« �-f�1"_A .. .: �,. r :'M•; r}:t ! :>.. .. ':oi .J:s �i' :./' '1`3 + +l y fri �1 - \"'a` f: A'J..D�lif �I t -;g f • f. Jf:#,�:jCriJ�f�� .'YC7�''.?'7tj[ir4.'�":; � to[:;'. .!.�:f.��u ���• t: � t,,:..1tta�: f E �:L � --^ t r r . �.<, ' { �+:'r- n-a ,...�x..;,:a�ttt <v � ,Y:_' ,4'''r `• .• ty ,� ` .+'- ... ref rs ' - . SIATc OF CaJac»►griu asauRtIs AccrrcY DEPARTMENT OF FISH AND GAME « 245 W. Broadway, Suite 350 Z Long Beach, CA 90802-4467 c' *► t 213 ? 590-5113 N.-..nrtinr r ,ccK August 24, 1984 5 (:,'; :,ri 1984 r'^f Gi5EAD4I +• C;.L►F. Ms. Patricia.Temple Newport Beach Planning Department 3300 Newport Blvd. Newport.Beach, CA. 92663 Dear Hs. Temples I am'writing-to'ezpress the comments over development.propoaDepartment o alsforNorth hStar,,Bench. It Is our understanding that"the initial proposal for'the;Newport Aquatic Center has been scaled back in size. We will review the revised plans and submit -comments as needed. The: Department is aware of the need for water associated recreational opportunitie'a•in and around Newport Bay, but we cannot'support•projects!which�could impinge upon Upper Newport Bay' a venue to wildlife. We were -very concerned over the initial proposal for the Aquatic Center and its potential ispacta on the Ecological Reserve. Provisions contained in the Upper Ne Settlement Agreement which led to -the creation of rtheay Ecological Reserve provided that use;of North Star Beach be,. compatible with the objectives of the Reserve., does'not :feel that the initial-0ropose,, a 601000's Departsenf facility serving up to 850 users' q. ft.t the wildlife preservation objectives ofytheaReserveible`with'' When the project was originally proposed it was much smaller, and more limited in its objectives. We were told that activities related to the center would be focused on the lower reaches of the Bay. Based on this information, we did not t object to the project as long as biologically sensitive areas on North Star Beach were not impacted. We are also concerned about the Aquatic osal to lease the majority of the North Star Beach nsitefter s. pWepfeel,:tha thin may lead to additional t site and. pressure for development of�-the. possible restriction of public access.! The area` -is F y�§R�+."1R��•F"k+t in��iL' Y�i, 7.�t .I 'F h:.t 7kz(,�y� y„'.S.s,n�; ;�� �F t r RDGtJLAR PLAMU tic coM?tIS ra n Comm SS PLACE: City Council Chambers T - TIxEt 7:30 p.m. Mit*,&IiE5 a DATES September G, 1984 a o a 0 ROLL eau c n ity Of Newport Beach x Ix Ix I 0 PRES@rr: James D. Hewicker, Planning Director Robert H. Burnham, City Attorney STAFF MEMBERS PRESENT William R. Laycock, Current` Planning Administrator Robert Lenard, Advance Planninq Administrator Patricia Temple, Environmentai"•Coordinator Donald Webb, City Engineer Dee Ed-+ards, Secretary Staff recovnended that Item No. b, Use Permit No. 3113, be continued to the Planning Commission Meeting of September 20, 1984. 1 Motion was made to continue this item to the Pl Commission Meeting of September 20, 1994, which CARRIED. A. Traffic Stud (Continued Public Hearing) Request to consider a traffic study so as to permit the construction of a multi -use Aquatic Center in the Unclassified District. AND B. Use Permit No. 3104 (Continved Public Hearin Request to permit the construction of s multi -use Aquatic Center in the Unclassified District which Includes indoor boat storage, an indoor exercise room, coordinator apartment, locker rooms, weight 'training room, multi -purpose assembly roots, boat .workshop, and related off-street. parking spaces. The proposal also includes a request to construct the proposr-d'building at a height. of 20 feet and the acceptance of an em+ironmental document. INDEX Item Mi Traffic Sissy Use Permit No. 3104 Both AEP roved Condition- ally c0,1AA%So %1R5 o September 6, 1984 x � � c = : : City of f�ewport Beach ROLL CAI ► INI)[x LOCATIOMr A portion of Lot 165, Subdivizion, located at a 420 Horth Star Lane on the northerly side of tlorth Star Lune, easterly of White Cliffs Drive, in westcliff. ZONE: Unclassified APPLICAUTSt City of Newport Beach and the Newport Beach Aquatic Center, Newport Faach OWNERS: City of Newport reach and the County of Orange In response to questions Planning Director Hewicko posed by rr indicated that othr• npr Turner, could be constructed in phases and that the leaaeroject could be drafted to be consiutent with various conditions placed on the Use Porrtit, Mr. llewicker also suggested consideraticn of a longer approval than the standard 24 Months in recognition of the many permits the applicant must secure prior to commencement of construction. The public hearing opened in connection witit this item and Mr. Fred Talarico, 359 San Miguel, Newport Boach, representing the applicant, appeared before the Commission. Mr. Talarico stated that he and the had t th the Bea hesr ; Roayeownerse Associations,and the Parks, Commission to discuss the concerns the: Recred expressed to the applicantshave been . Mr. Talarico noted that the Aquatic Center has received support from the Parks, Beaches, t Recreation Commission Additionally, for the project. he stated that the revised project moots all of the conditions of the Dover Shores Homeowners Association's Board of Directors, and that the Mariners Homeowners Association have stated they will not make any co= -tents on the project. Mr. Talarico briefly described the proposel reduction of the project from 61,000 sq. it- to 18,228 sq, ft., and 850 to 250 daily users. Also indicated was the concurrarce of the applicant with all the findings and conditions of approval as outlined in the staff report as well as the willingness to include a representative 2 I , .; CO MMISSIO\. f s FULL CAI A { 7 r 1 0, - O ' Icity of o� September 6, 1984 t Reach Of the Dover Shores 110MI-owners f ssoicatic,n on Aquatic Center Soard of Directors, Mr. F;ill Whitford, 436 Ranilton, contra Naga, reptesentative of the ttewport Aquatic Center, pro Moan infcssZs►ation regardinq the number of particifsnnts utilizing the itarbo: Area for human-r-wered boating activities. yr. Whitford stated that during thn summer months there is a considerable amount of activity and interest in outrigger canoeing and relater! Mr. Whitford additionally statprograms. ed that during the winter months the harbor Area attracts many foreign visitors training for the Olympics and other athletes who utilize the weather and water. tie said that there is presently a definite lack of storage for ac}uiPm„nt, house facilities and programs, and thnt On rc,vtsed project will provide a basic facility to n►:rr existing programs. ps.,rdate 'Ir. Robert E. Harris, 415 21orth Star Lane, ►l(,wport Reach, spoke in opposition to the Aquatic Contor. Mr. Harris indicated that the 18,00o sq. ft. facility being considered is larger than his conception of the proposal approved by the voters in Proposition 0. yr. Harris submitted a proposal to the Planning Commission on a joint cawrnittee be established consisting of residents of Dover shores, County representative, and the applicant, ostn r City oofiblishingr 1) a camPatible facility with the residential community, 2) an irrevocable covenant which will remain Permanent as to any future change of physical facilities, 3) an absolute limit to the number of memberships, and 4) no activity would be permitted that did not directly relate to man -propelled vehicles, 4) facilities similar to UCF and OCC. Mr. Peter Drummond, 1706 Antigua way. Newport peach, President of Dover Shores homeowners Association addressed the Commission. reviewed the Homeownerspresentation Mr. Dr�'mmond briefly p at the july 19, 1904, Planning Cos�missionme ting io a stated th, aquatic athe t }imeowners Association has met with the Citythe Center Pldnners,and Parks, Deachea and Recreation aquatic Ccm►aission, since the July 19, 1984 meet indicated that the revised projeche t is more inng, and he sfactory to the Homeowners Association. However, the homeowners are still concerned about the traffic change near the facility and the Possibility of additional development occuring on North star Beach in the futt+re. Kr. MINUTES 1,*gDLX CO.b1 AMSSOM RS • c•rtrt r Fi, 1964 r M U 7 n s = City of Newport Beach CA i _ Dt'ummond suggested the followings I) It the facility-- to 18,000 �uaree f"efilet; 1 limit the activity ns,4 daily, usseage to 250 o pnr day; 3) limit the nernage to two acres or whatever is appropriate to acr-omodatn the revived plan; 4) leave the balance of tha orlon in its pristine state for public use; 5) include a hot.+nowner on the Aquatic Center Aoardt and 6) record an A,Jfeemntlt and conditions. between the Interested parties co maintain these, ]ic+fts In rcaponsc to a question pnse,l by City Cornninaionar rorcon, Attorney, Burnham indicated that the let,q site area Council, but that a leased for the facility is controlled finding could be rAdo s�nt�hCity the size and canfigurntion of the fir_i11ty nl� -Ing hat the m.*'ximur considered consistent with t;hv provisions is Of Prop�rition o by the Planning C,rrtKai 14 Burnham further recommended nginn. Mr. imPonition of an additional condition that h useCOMM-ilsofthe facility be limited as ultimately doffnod by the lease, and that the applicant record a rvntrictive covenant to limiting the use of the facilities. Imposition of a condition to that effect will requite an amendment to the flee Pe mit if any additional construction or use in proposed in the Puturn. Mrs. Pat voss, 1219 Santiago Drive, fs--wport Beach, spoke in opposition to the Aquatic_ Center stating that the resulting traffic hazarda in community were unacceptable. n residential Mr. David Grant, 2205 Cliff Drive, Ile"port Beach, presant roving coach from Orange in favor of Coast Colloge, spoke the Aquatic Center, explaining that there is a very active interest in rowing arjorg people of all ages. Mr. Albert brandli, 419 livening Star Lane, Ne". rt Beach, speLe in opposition to the Aquatic Center. Yr. Brandt felt that the facility would he used only by a sPecinl interest group and he f'xpreasxed concern about the number of boatn moving in and out of the c well as residential area a space. the lack of trailer sstorege Mr. Hruce Severtrson, Costa Mesa, a member of the U.S. National stowing 'team and a member of the I980 1984 and Olymple teams, spoke about the positive '198()mPat the 4 ,V,rsliTF S IN[)LX . COMM1SSONTR5 Scptez!:er 5, 1984 4E1. City of Newport Beach Aquatic Center in the area, and the need for a loc,N- training facility, Pa. Sheila Conover, 2949 Cliff Dr., flowpart heach, R m"-ber of the 1984 Chic Canoe and Fayak Te4j"q, related to the Commis3lon the inconvenience of training at UCIr how the Aquatic Center will benefit all athletes interested in human -power craft, and hoar the programs will develop I)ecple of all ages. Mr. Brad Lewis, 505 Begonia Avenue, Corona del }ter, a menber of the 19B4 Olyr..pic Team, stated that I# Olyrpie Aa.+inq team members recently trained in the fiarhor Area preparing for the olysrpics. figl told the rlAmis=ion that there is a big need for a training aito, Aral a Place to store and wash down boats. In r#+fi tonne to a question posed by Cor=153ioner Turner, Mr. Lewia cntirated that approxiaately 25-50 elite Marra are active in the Southern California area. Mr. William Conover, 2249 cliff Drive, Newport Beach, commented on how many athletes from all over the world were training for the 1964 Olympics in the New,ort Harbor area and he feels the Aquatic Center would be a wonderful addition to the cocsunity. Mr. Marshall Stewart, 315 North Star Lane, Newport Beach spoke in opposition to the Aquatic Center. Mr, Stewart stated that the people using the facility would not be local citizens but would be people from 0-- ide Of Newport Beach. lie also stated that the facility will become commercial, and he is very concerned about the users parking on the street instead of inside the designated parking area. Mr. Toss Hiller, 219� AgatA Avenue, Balboa Island, spoke in favor of the Aquatic Center. Mr. Miller Amphasized the importance the. Aquatic Center will have with the Young People in the Newport Harbor Area, end stated that the facility will become a source of pride in the community in the future. Mrs. Barbara Whitford, 406 Snug harbor Road, Newport Beach, a Newport Beach Recreation Department sailing instructor, spoke in favor of the Aquatic Center co>tassentinq that the human -powered craft training areas that Vera used many years ago have now disappeared and 5 XMNUTES NJEX C(?JVW,!SSK)NTRS • c-1rterrber 6, 1484 a City of Newport Beach R01 i CAI I bto t ion Substitute Motion NUNUTFS 250 daily users for both the Aquatic Cs-ntor f,r(xlraWr,.-.. and Parks, Beacham, and Pecreation Departr+ant. prrelrmmn. Planning Commmission Chairman Winhurn cic,ad�d thet public hearing at this time. Comissioner Turro r Tiftationed if the curve from Polaris Drive going into the facility could be expanded because of the potential difficulty Of a boat trailer traveling through that AreA. City rngineer Webb indicated that there it; pr,,hlbiy not enough rxtra room to expand the curve. 13r,W4:-J)b further stated that the existing street confir;+,ration rrhould adequate, ,1nd that the potential volume he r,f trailer traffic would not warrant any major mod1 ficntionn. itowever, Mr. Webb commented that a tent crn,lrl boy made by taking A boat trailer down to that *rein And if needed, it is possible that modification% rr,rrtd Le made to make the area safer. Planning COMissioner Turner Toted tt,At hn had supported Proposition O with the understanding that it was going to be a boat facility used mainly for the Youth in the area, commenting that at that time he did not realize what the traffic or what the inPAct would have an the area, lie further stated that hn believes the facility is stall larger than what Proposition O intended; that there is insufficient dor=um+tntation of the need for this facility and that there is A definite Problem of access. Comminsionn r Turner then mad" a motion to deny Use POMit No. 3104. Commissioner Person stated he would not a,apport the motion. COMMissioner Person further stated that he was oPPored to the 61,00o sq. ft facility last the revised Project has been scaled down to an acceptable level and he believes the Planning Commission has the ability to condition this tIPPlication so that the facility will not be over -used. Commissioner Person cited that 67% of the votern favored the facility in 1482, and that the majority of the local homeowners are in favor of the scaled -down version of the project. A substitute motion was made to approve Use Permit no. 3104 subject to the findings and conditions contained in Fxhibit "J." with the following additions and uhar.gesr add Finding No. 8 as follows: "That the size and use of the Aquatic Center as approved b- this Use Permit represents the full extent of the authority granted to the City pursuant to the approval of Proposition o in 1982", Amend Condition No. 32 from 74 7 Itii )t.X CC)titi MS55�01'f RS a i � : a City of 41 --`cFterber 6, 1984 MINUTES t Beach fcelr. for all IN'oplo. t.there is a nrr attar,:: for 4 for a facility with p� ul,i_ Mrs, Jerry tlolmen, 1146 Polaris Drive, spoke in opposition to Nes+T.crt itnar,}1, the Aquatic Center xtAtin she feels the residential area will become a comu•rc}A1 Area and many parking problems will develop, Mr. Peter Drummond returned its stated that the roaidentcto speak to the CaariiseiGn, are not 0ppr,3ed to rowing or a rowing facility, but the h='Pownera would live to see the Aquatic Center moved to Shellmak�r lr.lar.d, tie recommended that contacts be made at a higher 1nvoo in the Fish and Came naparwent regarding the rrtologI i reserve. In response to A question posed by Ch41rv,,1,1 Winburn, Mr. Drummond :,tated that the ttnmr_oanorn Association would prefer the entire parking area he a#-curcd with a chain or gate by the Aquatic Center in the operating hours of the facility, occordancq with In response to a question posed by Ccr=isoioner Turner, Mr. Drummond indicated that the homeowners Polled and had been that the majority favor the smaller facility, however, the residents still traffic impact on the cor=unity to }, consider the e of primary concern, Mr- Fred Talarico summarized the position of the 1 applicant by indicatingg a ccn=itment to a maximum Additionally, sq, ft. facility with 250 daily users. onally, the applicants agree to any covenant, restriction or binding which regard, the City makes in this Mr. the further indicated the applicants intent to lease only that section of the site occupied by the Aquatic Center and parking let. In rsspc)neo to A question by Commissioner Winburn, Mr. Talarico stated that there are presently five outrigger canoe clubs in the Harbor Area. These beaches clubs Store their boats on scattered throughout the bay and that the Harbor Department area in presently ]cased on a month -to -month basis for outrigger canoe storage. In response to a question posed bf Conmiar�ioner Turner, Environmental Coordinator Temple stated that the analysis contained in the staff report wax based on data provided by the applicant and assumed a may1mum of T C0N1h1;SSIC)%qRS ROLL CAl.1 Ayes Noes xl n 'a i `' Ptrr ber b, 1984 of Newport Beach MtivrI S lm xx I—Inths to 36 monthst Amend Condition NO. 62 allO"ft"-- for the Dover t Shores Homeowners Association on thn hauatic Center's Board of Dirnctorsj Add Condition tin, 53 as follows: The applicant shall record r, restrictive covenant that alloyed by the tlimiting use of the feclllt.y tr, erms of the lease act exteutod 1)y the City Ccuncil`i In addition to the action otc (Intl PC-Mit 3104, the Planning Coraissian recaz'"dc' tG the City Council that no more land than is neceeuary to accorrbodate the huildirq and parking lot-hr)ul•1 be leaned to the applicant. motioned to amend Condition t;o,�235iarer Y.arlender Parking spaced to he secured b a requiring all accordance with the operatingy chain or gate in Center. Corrnisnion Peruon ac eptednthe ar..en 1nw1nturs of tht! A`;uetic Commissioner Goff stated that the nito could accommodate approximately 55 dwelling units if developed at G duelling units per acre. In this cant•, the traffic and parking impacts would be significantly higher lthan the proposed project. He, r.heretore, Indicated his support of the substitute notion. Planning Commission Chairman winburn st<,ted she will support the substitute motion, further stating that she would like to nee the beach remain open for public use. She also indicated her Support for a recosme.Mation to the City Council that the lease is only to cover that Portion of the beach occupied by the building and parking lot. Commissioner Parson's substitute motion to accept the Environmental Document and approve the Traffic Study and Use permit No. 3I04 van voted on which MM'ICni CARRIED. A. EtiVIP.CNuEMTAL DCCUMnrr Accept the Environmental Document with thn findingu listed below: Pindingxt 1• 'What an Initial Study and Negative Declaration have been prepared in compliance with the their California Environmental duality Act, and that thecontents have been considered In the de- cisions on this project. 8 Co"A'%.�ssO"ZRS September b, 14P.L 2 � CL City of Newport Beach kXXt CALI 1 Miti'iJ £ 5 INDEX 2. That based on the information contained Negative peclaration, the in tke sufficient nitigation Measu esojtot incorlrrAtes tially significant environmental effects, c,+ Iwten- the project will not result in significnnt 41 tt vironmental impacts. on n. TRAFFIC STUDY Approve the Traffic Study with the below; findings listed Findings: l• That a Traffic Study has been prapAr,ed which analyzes the imp�.ct of the proposed project on the circulation system in accordance witty Chapter 15.40 of the Newport Beach municipal Cr,An end City Policy S-1. 2. That the Traffic Study indicates that the proj- ect-generated traffic will be greater than one percent of the existing traffic during the 2.5 hour Peak period on any leg of the critical intersections, but will add not to an unsatisfac- tory level of traffic service at any critical intersection, which will have an Intersection Capacity Utilization of lots then .90. C. USE PERMIT NO. 3104 :approve Use Permit Ho. 3104 with the findings And subject to the conditions listed below: F"MINGS 1• That the proposed development is consistent with the General Plan and the Lccal Coastal Program, Land Use Plan, and is compatible with surrounding land uses, 2. That the establishment of the use will not, under the circumatances of the particular ease, be detrimental to the health, safety, peace, And general welfare of persons residing or comfort in the neighborhood of such proposed use or by detrimental or injurious to property and Improve- ments in the neighborhood or the general welfare E COMM;SSO ERS (1 � C I:Ut-- 1� rr c• o CA.n 3 . of Sept•rher 6, 1984 Newport Beach Ms�1ff E $ of the City, and further that the prol+ourrd pr— ;— j_ n� in terms of use, height, building floor nron and setbacks is consistent with the legialativn Intent Title 20 of the Municipal Code. 3. Adeq+iate off-street parking and related va11ICular circulation are being provided in conjunction with the proposed development. 4• The development will provide for both public Physical and visual access to the bay. 5. That the height of the structure in consistent With the proposed use and will not Adversely Affect any public vler4. 6• That the project is generally connirstont with the ballot measure appravad by the electorn in June, 1982 allowing the lrase of north Stnr hijar,}y for an Aquatic Center. 7• That the design of the subdivision or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of p_operty within the proposed subdivi- sion. 8• That the size and use of the Aquatic Center an approved by this Use Permit represents the full extent of the authority granted to the City pursuant to the approval of Proposition 0 in 1982. COtMITIONS 1. That development shall be in substantial confor- mance with the approved plot plan, floor plan, and elevations except as noted below. 2. That all improvements be constructed an required by Ordinance and the Public koryi Department. 3. That a standard use perrreit agreement and accompa- nying surety be provided if it is desired to obtain a building polrnit prior to completion of the public improvements. 4- That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further re:viaw by the Traffic Engineer. 10 1,V' AX C'OMnv55ottS K It i. ( Al I S#Ptember 6, 1994 of Newport Beach mmurES IN)L X 5. That the denign of the private drives rn cy {L-4}, except an .... thn City's Private Street toli n{r� M1 approved by the Public Works Departmolit, The location, width, configuration, and concopt of the Private drive system shall be subject er furth CO review and approval by the City Traffic C: forth b. That the intersection of the public atrr_et and proposed drive be designed to provida eight distance for a speed of 25 Milos per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance rtquire- ments. Landscaping within the sight dintance shall not exceed twenty-four (24) lnches line ne height. The night diin stance requirem.lntn ray be approximately acidified at non-criticnl 10cations, subject to approval of the Traffic f:nt�lhr,Rr. 7. Handicap parking shall be provided to maet code and shall be marked in a manner acceptable Traffic Engineer. to the g. That a hydrology and hydraulic study be prepared and approved by the Public works Department, along with a master plan of water, sewer and Storm drain facilities for the on-sito improvements prior to issuance of any grading or building permits. Any modifications or extensions to the axinting drain, water and sewer systems storm to be developer, required shall be the responsibility of the 9. a t~eQl,sarlptlottbfrthG'-"subjectPYo"}t't We?'1k3'sASfldtn$De _ ;� . lasuiinq_ pa' l�t�r}t:.end Puttlio�p�xlEgrD�ltptirt:� 10. That all proposed signs chall be in conformance with the provision of Chapter 20.06 of the ttPwport Reach Municipal Code and shall be approved by *-he City Traffic Engineer if locatad adjacent to the vehicular ingress and egress. il. �►���a��z1:ili'TgotioiiY'D1•aR�tdi�"�}i,�. �d � s?uill s , repared {bry�a•>`I"i�'etlsed�l "" ac���� �h�ins Ilatfa oE'-2andscapingi p e iutrUetign cheddl-M.T ns�"orr '# {: 11 Cf7NN AN:SSK)�q RS n � E. � C a' 7 MAN SM City of RUl.1 _A IT t =-ptes.: er 5, 1534 NeNyport Beach i rn :;va tbndaca i � � p2anritng�:�;�►r�a�nC�'.":'tllAC^ the1approvod P aaii stei2ed `in-,.eCftrd&:w* WAth 12, The landscape plat, rhall be subject to t}�� r�vY„w of the Public Works Departr.►ent, the park. t 8eachen and Recreation Department, end the nYzaroval of hon Planning Department, 13. The landscape plan rhall include a Maint_.mance which controls this use of program pesticides, fertilizer, and 14. "='he landscape plan shall place heavy ,*,xin on the use ampo of dreu4h!-resistant native v^ end be irrigated with a system dcn;etatfon, i9ned to avoid surface runoff and cr- tr.,aterinq. 15. `Thal'"n' niniansa 63 - parking spaces 'be . provl4ed ahal beroQ°fied 'deveiOP"•nt; ' Those 'Parking s seettred by.- a -chain peps 'aat�ance', on `Nardi '8tar Taae ° in-accortilatiee-, at-, -the `opereltinT fours -of' the with;'the"' 1kqu4tic centime. 16. That }ails=-empl0Y0.0s - rhail park - their- Vchla11s Cji=tlitQ� 17. rf L� �P�Ifk S;joxen fir",the atorege� of beefy.t ppfroiid,R tlita rXei2er thet�3-paikin .,� P xCing s17a1�`bd`'Ott'aAd. 4-t' 9" peoea�regv�rsQ�by-,{hs:�il'����t. 1H.►the";maxis�cna'heg9ht'"ot'the 2Q:feeq baiiainymndt-,excel 19. MThat the specific uee and function of tho robe subject to further review and approval =aciYite City as part of the ground leasendrequired 4racilities Management plan. 20. Mbtr, s'.'Hof` -- fation'vfl ` be � iieaiCeQ� t4`' f�m%'t, l�topr,p;"ai:" `daily.:' -and that, Erfp oil 6i0i�' P rasa . wili - be-o e� tdo3r ,t.�. ..,� ff" a 'Iszalu�° �}ilji:. _:.ndvancrd tr tter " hour . a!'_:7i 00 S ittee# betsro afainq;,' d6tivitnifl-`eife --,.. �.� en ,G:O."-and 70 Ti7a I.h 21. That; no'nenr ..bang" iabricacion will occur -on. idfi ! 12 'w"UT E 5 INIXX c (ice ' CO3MA#QS5 7,=P.S CA t Septet-ber 6, 1984 MINUTES of Newport Beach 22. Tr ailerinq ot''boats' ko oz Tiroas the` s#te' ' 'iac ur,or�lY betwaeh` the' hobrs .af 9:0o a.m; 'end :4 Wt 23. poi;overnight ~accoeftp4etions "will. ba :provSdi�l on site; ' othar _.than the . Coordinator aparternt . 24 • coordinator staff -shall he 'subject td the"approval*of the --parka, 'Beaches and "ReereRtLo4 DdpsTteaent:` ^A° membok _.of the 'on -rite eoordihator 480fVthall be on the' premises at' all" times --7ha1 cod-rdinatoat "shall have the"authority'td-,p6stri.at use1rof" thefacility to individuals with" to so dohi:cles 'Jrhi;h"'are in conformance with 'the in Vehicle coda for 25• The "weight training facilities will bo used by aquatic'''grogram -participants; and . Mill ".'not' ba aVa'ilable for:. indopendent� weight trainin4': pio-? graauR 26 • outdoor boat' storage -'shall' be 'limited to' saaibnd'1 storege .of ; outriggor,'canoel . 27. Parking lot lighting shall be designed in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall he prepared b•-1 a licensed Electrical Engineers with a letter free the Engineer stating that, in his opinion this requirement has been fret. 28. ',That- the parking . lot 'shall be secured :by' gaws a� `afioyii=: on .tha approved 'tit* plan".., . The `gates 's, h ll bif"ItIcked.-no` later than. 10s30 p.in. I 29. The parking lot -lightirq shall be turned off no later' than 10130 P.M. on any day, and ttptinq d*V'ces° '.shall be ' installed and ' maintainod:-,Tto ansura'that 'the lights are turned'of at. 10tWp.11. 30, NO:' -'outdoor . public address al►stom " "shall .: be• permitted`! 31. tlestioofas shall be tfade ' a "id lable'"to'.menfbers aid' t1fdYi}eneisl: public': during the centeer'sA `opezati4nT 13 Cl �."MiS 7K_)-%14 R5 September 6, 1984 n � C ~ City of Newport Beach 32. This use permit aholl expire unless Rxeteised within 36 months from the date of approval, 33. Construction of. : the ::projuci say'bQ'Phased.sd Ion as.7n6 pait:of'the`ficfl'ity.,fs constructed prior t3 the.:boat�''storage ,facility 34. That the Planning Commission may add/or rsodify conditions of approval to this use Pornit, or recommend to the city Council the revocation of this use p^rnit, upon a determination that the operation which is the subject of thin use pe:zift causes injury, or is detrirental to the health, safety, Peace, morals, comfort, or gn_r,ural welfare Of the community. 35. Construction of the hulkheed is subject to aa- proVal_, of a Harbor Permit, and is 'also subject t8 the': approval .of the. County of Orange, Harbor; Beachea:and Paiks Department,q 36, Thttt•an'engineering study be prepared to detercine t. .-appropriate - design. .for thi, bay frontage. 'Bulkheads ''rock "rock revotments, • or other' facilities redcumerded'by the study shall be constructed to adequately ptotact the.onsite'improvemonts:" Newport- Aquatic Center shall agree to construct, mA!=htai�n, and repair_, the bayside facilities.' `The Cite :::or... other Pubic agencies shall have noT. responsibilityto provide, repairs to ` facilities"' flooded or damaged . by _ erosion` `from - tha ,bay, and s adjacent drainage course. or'_to. ot4�eriiiee3'"prctect'w thci `.issrovesAents roristructed on -the- site m 37. Thn project shall corsply with the Uniform Building Cede and all local Amendments, and the City's scit,mic design standards. 38, The project shall carnly with the: State regu- lations for the handicapped. 39. Construction shall meet the requirements or Title 19 and 24 of the C.A.C. 40. Access, to the- service"` road' :circling , , t}ibagtic coatgl'wt``shall be3 controlled _by thaLmea`n$ of a.`gate*� or, ¢then "fQaturca _ to `' prevent .use; .by,`."this"gsiiarel public � 14 MCtiVJ E S IN I CC?MMISSONIR n � s i a y � o L City 7L C_LI 4ri! September 6, 1984 of Newport Beach 4 ,MNIJ7 f S j INDLX 41, prior to the issuance of Buildi National PRrN,lts,. aifonal Pollutant Utucharge Elimiratlon (ppDES) Permit shall be of rained from the Lante Ana Regional Hater Puality Control Board if any discharges to the BcY are anticipat"4 either during construction or subsequent operation of the facility. 42. Prior to issuance of Building permite, an Arimi Corps of Engineers Perrait shall be obtained to allow co,struction of the proposed bulkhead and docking facilities. 43. Residents"A661d '-be* 'Provided with a.. point,. of, con tact''' with' the- Newport "Aquatic "Center' manage= went; to handle7'eomplaints at noisy vehiCles`.in+ the'parkinq.lot or'cn'local of 44. All mechanical equipment and trar.h areas shall he screened from public streets, alleys, or adjoining properties. 45. Exterior lighting shall be approved by the plan- ning Department. 46. Development of the site may be subject to a grading permit to be approved by the Building and Planning Department, 47• A grading plan will include era complete plan for temporary and pmanent drainage facilities, to minimize any potential impacts from silt, debris. and other water pollutants. 48. The grading permit will include a description of haul routes, access points to the site, and watering and sweeping programs designed to mini- mize impacts of grading and haul operations. 49. An erosion, siltation, and dust control plan shall be submitted and be subject to approval b. the Building Department and a copy will be 'otwazded the to the California Regional water Quality Control Board, Santa Ana Region. SO. Grading shall be conducted in accordance with Plans prepared by a civil engineer and based on recocz'endations of a soils engineer and an engi- neering geologist subsequent to completion of a 15 mnlAAJSSK-nrRs 0 September 6, 1984 n � IVINiTEE 5 • S 2 > = City of Newport Beach All= —1 - - - - � 1Nf ){ X cpreheneive soils dad geologic lnvratigation Sf the site. Permanent reproduction cnpjeg of the -Approved ds Built" grading plans on standard -size ment. sheets shall be furnished to the Building Depart- 51. The Fire Department shall review design plans to ennure adequate access and emergency exist=. 52. The provision of adequate fire flow shall be reviewed bf the Fire Departs�nt. 53. Structures shall be equipped with fire suppression nystemn as required by Code. 54. Final design of the project shall provi4q for the Incorporation of water -saving devicea for lavatories and Other water -using facilltAll.. 55. All onsite drainage shall be approved lrj the City Public works Department. 56. :A-t-keekly clearcrp prag shrata"around- the,,proj�'_sitj all` ``ba• ,Fenducted e,n a regular",- basis:: Durinb c*"s_ttuttioh ls-:basins; ' 'or-'6ther'.,devices; ;stall^`i#e ins alied` to ;prevent; wesUa from egtartrrg tsesep� 57. Prior to the issuance of building permits, a comprehensive $oils and foundation study will be prepared and approved by the Planning and Building Departments of the City of Newport Beach, 58. Should any archaeological resources be uncovered during excavation/construction, a qualified archaeologist or paleontologist shall evaluate the site prior to completion of construction activ- ities, and all work on the site shall be done in accordance with the City Council Policies and X-5 and K-6. 54. ?4nY_ machanieel cquiPmnnt and_:,; emerggncy.ri. .. 4 .(}, toles _'shali_ be screened �� + yf am+i' and__'POW* . �x,Bociated uiih„' said structn;ac ;` shall ha ::! and `Ati#oMiated"so "es: rsat';` to exceed S5 d8A ;dt: "the P�Pef]rty�Tines, f"The." latter: shall be bleed; t�pdr► the +,r`o�amendatians=,' oir thQ':'qualifie�"` aconsticsl engi iaor'.':iirtid. a'pp=Dyed" bf the jluildin9,Dep biw , 16 COMANSSO�,TR5 n S � C • 7 M City of KOLL reptezber 6, 1984 t Beach M Ri1[(. 60. A11 conntruction activities will be limited MOOMMIMN to hours of 7,00 a.m. to 7=00 p.m. 1,,ondey through he y. and 8:00 a,m. Sunda;,, to St00 p,:a, Eaturday and 61. 2 , "0 1, s siie :Bail hi.Afkted to. �yXinws c iiii%dakT aft 62. Thy.1lovc'r''Shoras�`Coramliriity aCssociatfn"':hail; 1Se a2lave¢°�tio :alect�, a"ropzesentAtivc." to` th#�'A4uetie Cegkex4Boa`tct`roi: Directors= 63'}14The applicant shall record a rectricti•ih covenant t limiting use of the facility to that allrmd by ; .;the terms of the lease as executed by Clty ,Council. Is e"vPlanni ng�Cossuai ss ion--recessed•—e t.._g:-15....p. � reconened at 9:30 P.M. Use Pemit No. 3108 (Continued Public IfearIn 1 Request to. permit the establishment of a retail art gallery/studio on property located in the H-1 District. LOCATION; Lots 6 and 7, Block 328 Addition, located Lancaster s at '2912 Layfayette Avenue, easteon the rly side of Layfayette Avenue, between 29th Street and 30th Street, in Cannery village. ZONE:, APPLICANT; Paul Blain Henri ,•Ne wort Beach OWNERt Loma Linda University',' Loma taa Linda Hr. Hillia:a La cock Y , Curren. Planning Ad+cinistrator, advised that the Planning Steff has recaMended that the following two conditions be added if the Planning Commission desires to approve this Use Permit. Condition t1o, 5: "That the second floor areas shall only be used by the artist or the gallery manager for -a studio, office, or storage purposes", and Condition 110"., 17 Vex It� 2 Use Permit 150 3�"" ABJroved Condition- s_ lly Colll�i�l�ISS ,f(� REIG 1 R PLANK, 111G CGY?!ISSIfil1 lSEE11/.G PLACE i City Council Chaz%bers rn TI1KEs 7:30 p.m. DATE: September 6, 19E4 v _ 1 "i ct, ICity of Newport Beach R011 CAL11 149 MEMBERS PRESL.':i s James D. it icker, Planning Director Robert H. Be thkaMr City Attorney STAFF MFMAERS PRESENT William A. Laycock, Curren Planninr Robert Lenard, Advance Plann i Administrator Patricia Temple, Envtron.oentalq oordinatortor Donald Webb, City Engineer Dee Edwards, Secretary Staff recommended that Item No. 6, Use Per\1- be continued to the Planning Coaaiissioningllof September 20, 19A4. Motion x Motion wag made to continue thin item to the Plan_ All Ayes x x x x COMMIssion Meeting of September 20, 1984, which MOT, CARRIED. MINIJTES INDEX A. Traffic Stud (Continued Public flearino Item Mt Request to consider a traffic study so as to permit the construction of a multi -use Aquatic Center in thu Traffic Unclassified District. Study AND B. Uso Penait Na. 3104 (Continued Public Ifearin ) Request to permit the construction of a Uses it caul tl-use TO. Aquatic Center in the Unclassified District which includes indoor boat storage, an indoor exsrciae roomy coordinator apartment, locker rooms, weight training Both room, multi -purpose assembly room, boat workshop, and A roved related Off-street Condition - includes a r parking spaces. The proposal also oquest to construct the proposal building ally at a height of 20 feet and the acceptance of on environmental document. COMM SSK> J?S September 6, 1984 A + ii C i� f. S a � w C v City of NeA port Beach ROLL CAH. I I FT7 4--M� INDLX I/JCATIONt A portion of Lot 165, Subdivision, located at 420 north Star Lane oil thenortherlyside of North Star Largo, easterly of White Cliffs Drive, in Neatcl.iff. ZONBr Unclassified APPLICANTS: City of Ilewport Beach and the Newport Beach Aquatic Center, Newport Beach OWNER!;: City of Newport (leach and the County of Orange In response to questions posed by commit.,.ncr Turner, Planning Dirr,ctor Hewicker indicated thnt the project could be crnst:ucted in phases and that the lease could be drafted to be consistent with variGus conditions placed on the Use Permit. Mr. Hewicker also suggested consideration of a longor approval than the standard 24 months in recognition of the many permits the applicant Mgt secure prior to commencement of construction. The Public hearing opened in connection with this item and Mr. Fred Talarico, 359 San Miguel, Newport Desch, representing the applicant, appeared before the Commission. Mr. Talarico A toted that he and the applicants had stet with the homeowners, Homeowners Associations, and the Parks, Beaches L Recreation Commission to discuss the concerns that have been expressed to the applicants. Mr. Talarico noted that the Aquatic Center has received support from the Parkt, Beaches, t Recreation Commission for the project. Additionally, he stated that the revised project Heats all of the conditions of the Dover Shores Homeowners Association'u Board of Directors, and that the Mariners Homowners Association have stated they will not make any comments on the project. Mr. Talarico briefly described the proposed reduction of the project from 61,000 sq. ft, to 18,228 sq, ft., and 850 to 250 daily users. Also indicated was the concurrance of the applicant with all the findings and conditions of approval as outlined in the staff report ar well as the 'willingness to include a representative 2 CQM M1SSCoARS ROU CAI x IG c • a Q n • • September 6, 19e4 Of Newport Beach of the Cover Shore4 liosneowners A.ssoieatinn o�- Aquatic Center Board of Directors. Mr. Bill Whitford, 436 Ha_^on iiIt, Conte Mann, representative of the Newport Aquatic Center, Presented information regarding the number of parl.icip4ntr Utilizing the Harbor Area for hurar.-PrY er,,d boating activities. Mr. Whitford stated that during the summer months there is a considerable amo�:• of acts\'ity and interest in outrigger canoeing and relate(! programs. Mr. Whitford additionally stated that during the winter months the Harbor Area attracts m&'y foreign visitors training for the Olympics and ether athlotes who utilize the weather and water. Fie said that: there is presently a definite house lack of storage for "gUipmr_nt, facilities and programs, ar.:' that t.i3,t revised project will provide a basic facility tr, n,:c existing programs. nrtdate :tr. Robert E. Barris, 415 North Star Lan,,, Mt;rport Reach, spoke in opposition to the A�uatir. Center, Mr. Harris indicated that the 18,000 sq. ft. facility being considered is larger than his conception of the proposal approved by the voters in Prcprsition O. Mr. Harris submitted a proposal to the Planning Commission recommending that a joint consistingcomoittee ie estahlirhed of residents of Dover shores, a City or County representative, and the applicant, establishing; �) a compatible facility witr, the residential comcunity, 2) an irrevocable covenant which will remain Permanent as to any future chance of physical facilities, 3) 4n absolute limit to the number of memberships, and 4) no activity would be Permitted thnt did not directly relate to man-prcpelled vehicles, 4) facilities similar to UCT and OCC. Mr. Peter Drummond, 1706 Antigua :ray, Nwwlx rt Beach, president of Dover Shores Ho.owners Association addressed the COMMiasion. Pr. Drumunond briefly reviewed the Homeowners pres%ntatlan at the July 19, 1984, Planning COMMissior, meeting. ife stated that the Homeowners Association has stet with, the City, Aquatic Center Plannera,and Parks, Heacht s and Recreation Commission, since the July 19, 1384 =*'Ring, and he indicated that the revised project is more satisfactory to the Homeowners Association. However, the homeowners are still r-ncerned about the traffic change near the facility and the possibility of additional development occuring on North Star Beach in the future. Mr. IMINUfE5 INDLX COMMfSSQ( TRS c•Prcmber 6, 19F.4 ^ MI�:�I1'f S Cr � City of Newport Beach ROLL CAL INDEX Drummond suggested the followinrr }) limit dirt facility to 18,000 square, feet; 2) limit the activity And daily useerle to 250 pe•oplc per day; 3) limit the acreage to two acres or whatever is appropriate to azcomsc)ate the revised plan; 4) leave the balance of the area in itn Pristine state for public_ use; S! inclu(lo a homeowner on the Aquatic Center Board; and b) record an Agreement between the interested parties to maintain these limits and conditions. In response_ to a question posed by CO m,inlsioner Person, City Attorney Burnham indicated that the land site area leased for the facility is controlled by the city Ccvncii, but that a finding could be vmdp stating that th! cize and configurntinn of the fnci:it.y approved is the rrarimur. considered cons',stunt with ttre provisiann of Proponition d by the PlnnninU ce)mmissir)n, Gurnhar., further Mr.reco.^ended to the Cry-miusion ipposition of an additional condition that the use of the facility be limited as ultimately defined by the lease, and that the applicant record a restrictive covenant to limiting the use of the facilities. Is -Position of a condition to that eff$)rt will require an amendment to the Use Permit if any additional construction or use is proposed in the future. Mrs. Pat Voss, 1219 Santiago Drive, N^wport Beaclr, Spoke in opposition to the Aquatic Center stating that the resulting traffic hazards if' a residential community were unacceptable. Mr. David Grant, 2205 Cliff Drive, Newport Beach, present rowing coach from Orange Coast College, spoke in favor of the Aquatic Center, explaining that there ages. is a very active interest in rowing emcnq people of all Mr. Albert Brandli, 419 Evening Star Lane, Newp.?rt Beach, spoke in opposition to the Aquatic Center, Mr. Brandli felt that the facilit, would be uuad only Ly a Special interest group and he expressed concern about the number of boats moving in and out of the residential area as wall as the lack of trailer storage space, Mr, Bruce Severtsen, Costa Mess., a member of the U.S. Rowing Team and s member of the 1980 and 1984 Olympic teams, spoke about the positive impact of the 4 COMMISSIO\IRS Vepternber 5, I984 T n 7 C 0 r -f Cr• C Q City Of N&A rt Beach RULL CAI-[ Aquatic Center in the area, and the need for a training facility. lccni Jos. Sheila Conover, 2949 Cliff Dr., Newport lien(. -I,, n 'caber of the 1984Olympic Canoe and Kayak �r�nenn, related to the Cois3ion the inconvenience of trnininq at UCIt how the Aquatic Center will benefit all athletes interested in human power craft, and how the programs will develop people of all agen. Mr. Brad Lewis, 505 Begonia Avenue, Corona rlt:l Mar, a r►ember of the 1904 Olympic Team, rotated that 9 Olympic Fowing Teams members recently trained in thf.' lfnrbor Area preparing for the ol.ympics. Y.e told the r that there,�,ission _ in a hiq r►ced for a training n(t.n, nrel a Place to store and wash down boats. In rnnp,,an, to a question Posed by Commissioner Turner, Mr, f.--wia estimated that approximately 25-50 elite r(YWPr% arcs active in the Southern California area. Mr. William Conover, 2249 Cliff Drive, Newport Beach, commented on how many athletes from all over the world were training for the 1984 01•r►pics in the Newport Harbor area and he feels the Aquatic Center would be a wonderful addition to the ccaarunity. Mr. Marshall Stewart, 315 north Star Larie, Newport Beach spoke in opposition to the Aquatic Center. Mr. Stewart stated that the people using the facility would not be local citizens but would be people from outside Of Newport Beach. Efe also stated that the facility will become comvercial, and he is very concerned about the users parking on the street instead of inside the designated parking area. Mr. Tom Miller, 219S Agate Avenue, Balboa Island, spoke In favor of the Aquatic Center. Mr. miller emphasized the importance the Aquatic Center will have with the young People in the Newport N.arbor Area, and stated that the facility will beccce a source of pride in the cow-v►nity in the future. Mrs. Barbara Whitford, 406 Snug Harbor Road, Newport Beach, a Newport Beach Recreation Department sailing instructor, spoke in favor of the Aquatic Center Commenting that the human -powered craft training areas that were used many years ago have now disappeared and 5 MINUTES ill.JXX r()M INVSW)NJ RS Rol I. (.AH motion Zubstitu to Notion is 0 ^-Pi! erDer 6, 1)84 of Newpor t Beach 250 daily users for both the Aquatic Center programer and Parks, Beaches, and Pecreation Department programa. Planning Coevission Chair►aan Winhurn cloned tho public hearing at this time. Ccrnissioner Turner quortioned if the curve from Polaris Drive going into the facility could be expanded because of the potential difficulty Of a boat trailer traveling through that art -is. City Engineer Webb indicated that there in pr.bably not enough extra room to expand the curve_. Mr.wc-bh further ;mated that the existing Ktseet eonfielriration a},oulcl t4- adequate, and that the potential volurr� .-,f trailer traffic would 'not warrant any major madifirationr. However, Mr. Webb cor:rnted that <e ter►t coul.l 1,,e made by taking a boat trailer down to that ,rt,4 and if needed, it in Possible that r~odificae.ion» cr,'Jiri be Wade to make the area safer. Planning Cc.-missioncr :'urner states? that �,e had supported Proposition 0 with the understandirsr* that it was going to he a boat facility used nainit for the youth in the area, consenting that at that 11rr—A% he did not realize what the traffic or what the ir-PAct would have on the area. lie further stated that he helieves the facility is still larger than what Proposition 0 intended; that there is insufficient documentation of the need for this facility and that there is a definite problem of Access. Coaainsioner Turner then made a motion to deny Use Permit No. 3104. CoaMissioner Person stated he would not aupport the motion. Cormissioner Person further stated that he was opposed to the 61,000 sq. ft facility but the revised project has been scaled dorm to An acceptable level and he believes -.he Planning Co=ianion has the ability to condition this application so that the facility will not be over -used. Corriissioner Person cited that 67% of the voters favored the facility in 19e2, and that the majority of the loczl homeowners are in favor of the scaled -down version of the project. A substitute motion was made to approve Ilse Permit Igo. 3104 subject to the findings and conditions ccntained in Exhibit "A" with the following additio.s and charges: add Finding t;o. 8 as follows: "That the size and use of the Aquatic Center as approved by this Use Permit represents the full extent of the authority granted to the City pursuant to the api,rwral of Proposition o in 1982", Amend Condition No. 32 from 24 7 IMINail I S INDLX COMA Aj- IO�,fFS KOI L (CAI I 4 city of C� J September 6, 1984 t Beach feelr. that there iu a need for a facility wftt, Fxit,lic access for all p^_ople. Mrs. Jerry 1101nw1s, 1146 Polaris Drive, NeU,,irt iSearh, spoke in opposition to the Aquatic Center stating that she feels the residential area will he cone a rr,r„rciel urea and many parking problems will develop, Mr. Peter Drummond returned to speak to the Cuc�rsina[on, lie stated that the residents are not opposed to raring or a rowing facility, but the homeowners would like to see the k,, matic Center moved to Shellmmmaker Island, tie recommended that contacts be made at a higher level ire the Fish and Cans• Department regardinq thR #,cological reserve, In renpnnse to a question posed by Chairm4r, Wlnburn, tie• Drummamr�nd !;t..,ted that the Homeowners Aaaa,,;iation would pre;cr the entire parking urea het aecurea with a chain or gate by the Aquatic Center in accordance• with the operating hours of the facility. In response to a question posed by Corrmissioner Turner, Mr. Drummsmond indicated that the homeowners had been Polled and that the majority favor the smaller facility, however, the residents still consider the traffic impact on the community concern. to be of primary Mr. Fred Talarico sur=arized the position of the applicant by indicating a commitment to a maximum 18,228 sq. ft. facility with 250 daily users. Additionally, the applicants agree to any covenant, restriction or binding which the City makes in thin regard. Mr. Talarico further indicated the applicants intent to lease only that section of the site occued by the Aquatic. Center and parking lot, In respccupied q to a question by COmmissioner Winburn, Mr. Talarici stated that there are presently five outriqger canoe clubs in the Harbor Area. These clubs store their boats on beaches scattered throughout the hay and that the Harbor Department are& is presently leased on a month -to -month basis for outrigger canoe storage. In response to a question posed by Commmissioner. Turner, Cnvironmental Coordinator Temple stated that the analysis contained in the staff report wax based on data provided by the applicant and assumed a Maximums of 6 MINUTE 5 INDf X COMA AUSSONTRS ROLL CAL[ Ayes Noes n C Ici XI is 6cPtember 6, 1984 Of Newport Beach months to 36 months? Amend Condition 11o. 62 allowin0 for the Dover Shores flomeowners Association on the 53 as Center's hoard of Directors? Add Condition fir). 53 as follows: The applicant shall record n restrictive covenant limiting use of the facility tr, that allowed by the terms of the lease as execut,r4 by the City Council"1 Tn addition to the action on Vaq Permit 3104, the Planning Commission recorrendn to the City Council that no more land than is necennary to accosmodate the building and parking lot shoulfr bo leaRad to the 00tioned to amend apC ndition 1 Plicant. COmm11ni°trey Kurinnder. parking spa... to be secured h. requiring all accordance with the operated hours chain or get„ in Center. Commission Perron accepted the of ir- Aquatic turrr,Asrr•nt, Commissioner Goff stated that the nit,o could accocmodate approximately 55 dwellirq units if developed at F, dwelling units per acre. In thin cane, the traffic and parking impacts would be sigrifi,-antly higher lthan the proposed project. Hie, thercforu, Indicated his support of the substitute motion. Planning Commission Chairman winburn stated she will support the substitute motion, further stating that she would like to see the beach remain open for public use. She also indicated her :support for a recommn_ndation to the City Council that the lease is only to cover that portion of the beach occupied by the building and parking lot. Commissioner Porson's substitute motion to accept the Environmental Document and approve the Traffic Study and Use Permit 110. 3104 was voted on which ?!mlot! CARRIED. A. 1':JVIRQ`iMi:NTAL DOCUMENT Accept the Environmental Document with the findings listed bolow: Firdings% 1• rhat an Initial Study and negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the de- cisions on this project. B MI.NurL S INDEX COMMSSIONTRS SeptCmber 6, 1964 r It of s = 3 Newport Beach ROLE CAU I I N�a 2. That based on the information contained Nj eqative neclaration, the proin the sufficient aitigntion cv asures to r� 1� r�rwratan tially significant environmental effects l?w'teeti- the project will not result in significn�t teen- vironmental impacts. B. TRAFFIC STUDY Approve the Traffic Study with the findings limed below: Findings 1. That a Traffic Study has been prepared which analyzes the impact of the proposed prr,jne,t nr► the circulation system in accordance w1th Chapter 15.40 Folic of the Nowport Beach Municipal CY✓ln anti City Y 2. That the Traffic Study indicates that th7 proj- ect -generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on any leg of thsr critical intersections, but will add not to an unesatisfac- tory level of traffic service at any critical intersection, which will have an Intersection Capacity Utilization of less then .90. C. USE PERMIT U0. 3104 Approve Use Permit 110. 3104 with ten findings end subject to the conditions listed below: FINDIucs 1. That the proposed development is consistent with the General plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That the establishment of the use -rill not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or Working in the neighborhood of such proponed use or b.. detrimental or injurious to property and improve- ments in the neighborhood or the general welfare 01 MINUTES INDEX CO3MAAlSStCY14ERS s � 7 : ., C u o s� si ! ' a t- Cit ROi I CAI.I September 6, 1984 of Newport Beach Of the City, and further that the proposed project in terms of use, height, building floor area And setbacks is consistent with the legislative intent of Title 20 of the Municipal Code, 3- Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed deve3opment. 4. The development will provide for both public physical and visual access to the bay. 5. That the height of the structure in consistent affectwith he useProposed use and will not adversely Y public view, �• That the project in gerera:ly consint.,nt with tile ballot measure approved by thu elcctnrn in June, 1982 allowing the lease of ?forth Star Beach for an Aquatic Center. 7. That the design of the subdivision or the propO8ed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivi- sion. 8• That the size and usa of the Aquatic Center as approved by this use Pernit reprezents the full extent of thG authority granted to the City pursuant to the approval of proposition O in 1982. C01ti1— ITIONS 1• That development shall be in substantial confor- mance with the approved plot plan, floor plan, and elevations except an noted below. 2. That all improvements be constructed an required by ordinance and the Public works Department. 3- That a standard use permit agreement and accompa- nying surety be provided if it is desired to obtain a building permit prior to completion of the public improvements. 4. That the on -site parking, vehicular circulation end pedestrian circulation systems be subject to further review by the Traffic Engineer, 10 f INIJUS Nr)LX COAA AVSSOtERS C ROIL C:AI! s September 6. 1984 itY of Newport Beach • 5. That the design of the private drives ccnl.,rm with thn City's Private Street Policy (L-4), except as approved by DepartmontThe location, width, e configura ionblic s and cone pt,ot he private drive system shall be subject to further review and approval by the City Traffic. Engineer. 6. That the intersection of the public street and proposed drive be designed to provide sigh« distance for a speed of 25 Slomiles per hour. }>ns, landscaping, walls and other obstructions shall be considered in the nigt,t distance require- ments. Landscaping within the sight distance line shall not exceed twenty-four (24) inches in height. The sight distance requiromty,ts cry be approximately modified may non -critical locations, subject to approval of the Traffic rnginenr. 7. Handicap parking shall be provided to asset code and shall be marked in a manner acceptable to the Traffic Engineer. 8. That a hydrology and hydraulic study b.1 prepared and approved by the Public Works Depa rtrs nt, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to issuance of any grading or building permits. Any modifications or extensions to the existing storm drain, water and sewer systems shOwn to be required shall be the responsibility of developer. the 9. That a legal description of the subject property be prepared and approved by the Planning Depart- ment, Building Department and Public Works Depart- ertnitrior to issuance of any grading or building 10- That all proposed siynu shall be in conformance with the provision of Chapter 20.06 of the Newport Beach municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and sgress. 11. A landscape and irrigation plan for the project shall be prepared by a licensed landscape archi- tect. The landscape plan shall integrate and phase the installation of landscaping with the Proposed construction schedule. Prior to 11111111 11 &iINI,1I" E S IN()[,X C()MAVSSKxq RS Koll CALI September 6, 1984 of Newport Beach occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 12• The landscape plan shall be subject to tho review of the Public works Department, the Parks, BeacMs and Recreation Department, and the approval of the Planning Department. 13. The landscape plan shall include a maintenance Program which controls the use of fortiliaers and pesticides, 14. The landscape plan shall place heavy emphasis on the use of drought -resistant native vm(Ittation, and be irrigated with a system designed to avoid surface runoff and overwatering. 15. That a minimum of 63 parking spaces be provided for the proposed development. These parking spaces shall be secured by a chain or gate at the entrance on North Star Lane in accordance with the operating hours of the Aquatic Center. 16. That all employees shall park their vehicles on-nito. 17* if a parking area for the storage of boat trailers is provided, this parking shall be in addition to the 63 parking spaces required by the project. 18. That the maximum height of the building not exceed 20 feet. 19. That the specific use and function of the facility be subject to further review and approval of the City as part of the ground lease and required Facilities Management Plan. 20. The hours Of operation will be limited to 6s00 a.m. to 10:00 p.m, daily, and that no outdoor programs will be offered after the hour of 7:00 P•m. Only advanced training activities are Permitted between 6:00 a.m, and 7s00 A.M. 21. That no now boat fabrication will occur on -site. 12 "XX COMM1SStOWS 13 �x a� o o fl C CAF September 6, 1984 City of Newport Beach 22. Trailering of boats to or fromthe+ sit,. shall occur only between the hours of 9:p0 a.sa, and 4:00 p.m. 23. No overnight accoammodations will ba provided on -site, other than the coordinator apartment, 24. The on -site coordinator staff shall he subject to the approval of the Parks, Beaches and PRcroation Department. A member of the on -alto coordinator staff shall be on the premises at all tir+els. The coordinator shell have them authority to restrict use of the facility to vehicles which are Individuals with :rotor in conformance with the Motor Vehicle Code. 25. The weight training facilities will aquatic t,e used by program participants, and will not be 9=gable for independent weight training pro- 26. Outdoor boat storage shall he limited to seasonal storage of outrigger canoes. 27. Parking lot lighting shall be designed in much a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared by a licensed Electrical Engineers with a letter from the Engineer stating that, in his opinion this requirement has been met. 28. That the parking lot shall be secured by gates as shown on the approved site plan. The gates shall be locked no later than 10130 P.M. 29. The parking lot lighting shall be turned off no later than 10:30 p.m. on any day, and timing devices shall be installed and maintained to ensure that the lights are turned of at 1ot30 p.m. 30. No outdoor public address system: shall be permitted. 31. Pestrooms shell be made available to members of operation, the general public during the center's hours of 13 MINIJI E 5 INEXX V COMAAJSSKWRS September 6, 1984 fi �x o n O City oF}Newport Beach ROIL (.-ALI I I I I I I d 32. This use permit shall expire unless ,Xgreined within 36 months from the date of a;.groval, 33. Construction of the project may be phas*d go long as no part of the facility is construct" prior to the boat storage facility. 34. That the Planning Commission ray add/or modify conditions of approval to this use permit, or recommend to the City Council tht revocation of this use permit, upon a deter air-ation that the operation which is the subject of this use permit causes injury, or is detrimental to the henith, safety, peace, morals, comfort, or Jenerat welfare of the community. 3S. Construction or the bulkhead is bubj,,,;1, tr, ap- proval of a Harbor Permit, and is also au1,joct to the approval of the County of cran7a, tlarbor, Beaches and Parks Department. 36. That an engineering study be prepared to d"termine the appropriate design for the bay frontage. Bulkheads, rock revetments, or other facilities recommended by the study shall be constructed to adequately protect the onsite inpr"ementn. Newport Aquatic Center shall agree to construct, maintain, and repair the bayside facilities. The City or other public agencies shall have no responsibility to provide repairs to facilities flooded or damaged by erosion from tho bay and adjacent drainage course, or to ctherwino protect the improvements constructed on t3A- sites, 37. The project shall comply with the Uniform building Code and all local Amendments, and the city,s seismic design standards. 38. The project shall comply with the State regu- lations for the handicapped, 39. Construction shall meet the requirements of Title 19 and 24 of the C.A.C. 40. Access to the service road circling the aquatic coosplex shall be controlled by t35e rseansx of a gate public. or other features to prevent use by the general 14 MI.-AiTES INDEX C0rAAAA1551pIFIS v T c r c. a CitV Ra t CALL September 6, 1984 of Newport Beach 41. Prior to the issuance of Building Perstits, e National Pollutant Discharge Elimination (tlppgg) Permit shall be obtained from the Regional Water Santa Ana discharges Quality Control Board if any to the Bay are anticipated during construction or suboperation either sequent the facility. 42. Prior to issuance of Building Permitn, an Army Corps of Engineers Permit shall be obtained to allow construction of the proposed bulkhead docking facilities. and 43. Pesidente bhould be provided wit}, a point of contact with the Newport Aquatic (_enter manago- ment, to handle c"Mpiainta of woIny veliiclen In the parking lot or on local strew.+,, 44. All mechanical equipment and tranh areas shall be screened from public streets, properties. alleys, or adjoining 45. Exterior lighting shall he approved by the Plan- ning Department. 46. Development of the site may be subject to a Planing permit to be approved by the Building and Planning Department. 47. A grading plan will include a rc)mplete plan _ r temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 48. The grading permit will include a description of haul routes, access points to the site, and watering and sweeping programs designed to mini_ mina impacts of grading and haul operations. 49. An erosion, siltation, and dust control plan shall be submitted and be subject to approval by the Building Department and a copy will ba forwarded to the California Regional water Quality Control Board, Santa Ana Region. SO. Grading shall be conducted in accordance with Plans prepared by a civil engineer and based on recommendations of a soils engineer and an engi» neering geologist subsequent to completion of a is MINJ f S 1")(X 7J COM ASSOW5 F341--7 45 -f o s Cit R(MI CAIi • September 6, 1984 of Newport Beach comprehensive soils and geologic investigation of the site. Permanent reproduction copies at the "Approved as Built" grading plans on standard -Mize sheets shall be furnished to went. the Building Uop4iL- 51• The Fire Department shall review design plan. to ensure adequate access and emergency exists. 52, The provision of adequate fire flow shall he reviewed by the Fire Department. 53. Structures shall be equipped with fir, suppCemsion systems as required by code. 54. Final design of the project shill Provide for the incorporation of water-savinq devirrs for lavatories and other water -using facilltinu. 55. All onsite drainage shall bA approved by the City Public works Department. 56. A weekly cleanup program around the project site shall be conducted on a regular basis. During construction, basins or other devices shall be installed to prevent waste from entering Newport Bay. 57. Prior to the issuance of building permits, a comprehensive soils and foundation study will be prepared and approved by the Planning and Building Departments of the City of Newport Beach. 56. Should any archaeological resources be uncovered on/c during excavationstruction, a qualified archaeologist or paleontologist shall eveluate the site prior to completion of construction activ- ities, and all work on the site shall be done in accordance with the City Council Policies and Y.-5 and K-6. 54. Any mechanical equipment and emergency power generators shall be screened from view, and nd noise with said structures shall sound attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of the qualified acoustical engineer and approved by the Building Department. 16 MINIJrE S INI ?E X .'41 . 0 C0MA%SiC)NERS n n � t � c 7 O � a city of xot_t CAI t 2 September 6, 1984 t Beach 60. Al' construction activities ,.ill he limited to the hours of 7100 a.m. to 7;n0 p.m. Monday through Friday, and 8:o0 a.m, Sunday. to S:00 p,m, Saturday and 61, Use of the site shall be linIted to a maxima of 250 persons per day. 62. The Dover Shores Coaesunity Association shall be allowed to elect a representative to the Aquatic Center Board of Directors. 63, The applicant shall record a restrictive covenant uniting use of the facility to that allowed by the: terms of tha lease as executed by City Ccuncil. econvezed at 9;30 p.m, Use P it No- 3108 (Continued Public ti,&rin ) Request permit gallery/Btu the establishment of n retail art o on property located in the M-1 District. L&CATIOU, is 6 and 7, Block 3280 Lan caster's A tion, Iocated at 912 Layfayette Avenue, on the On castor side of Avenue, between th Street and 30th Street, in Cannery V age, ZONE: H-1 APPLIMrr: Paul Blain Henrie, fe wport Beech DER: Loma Linda University, .oma Linda Mr. William Laycock, Current Planning A inistrator, advised that the Planning Staff has rec ed that the following two conditions be added if the tinning Commission desires to approve this Uno Condition 110, St "That the second floor areas it mall only be used by the artist or the gallery manager fo a studio, office, or storage purposes", end Condition no. 17 M)"ALS INXX Item Jio.2 Use Permit lio, 3148 A rowed Condition- s21 STATE OF CALIFORNIA CALIFORNIA REGIONAL WATER SANTA ANA REGION 6409 INDIANA AVENUE, SUITE 200 RIVERSIDE, CALIFORNIA 92SC4 PHONE, 17/4) VoWi XXX 782-4I30 February 3, :9a7 ITY CONTROL BOARD Tracy Wililams, Planning Associate City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92861 G(ORC( 0EUKUEJiAI#, r,,,na NEWPORT AQUA^iC CENTER CONSTRUCTION DEWATERING v~ ca�vni>iov ova. -Or/ Dear Ms. Wi11_a..: 4t This letter followo up telephone conversations betwee Eric Nielsen, Dan Gillette, and Bill Jewel duringn myself, days regardi::g the need of a waiver or NPDES permi thb. past few r? fore con- struction of the Newport Aquatic Center may begin. 1t is our understanding tha: dewatering will not occur until It project jc well underway_ We have no ob_ect,on to the construction no dewatering wi.l take place. However, phase of thin pro jcrct as or a permit at :east :80 days before dewatering is schedulncif to oam 1, Forr. beginEj Please find enciosed a copy of NPDES Application FL, and a _filing fee schedule. 2 Because the Newport Beach area has a history of high sulfide concen- trations in t.,e dewatering effluent, please also submit information on an appropriate treatment system (to be kept on eltandby) which would be used should sulfides (from sampling or hydrogen sulfide odor) be encountered in the dewatering discharge. should include details of the treatment sThe ta.11ati Lion Process time for the system. and installation Please submit the requested information a. soon as possible. if You have any further questions on the above, Please contact me or Hisam Bagai of this office. Sincerely, Linda C. Garcia WRC Engineer Enclosures: 2-'PDMS Application Form 1 K?DES Form 2E 7111ng Fee Schedule CC: Eric Nielsen, P.E., Project Manager, The Keith Companies, 200 Barer Street, Costa Mesa, CA 92626 Bill Jewel, 170 E. 17th Street, Suite 110, Costa Mega, CA 92627 LCG:Icg u Me. Tracy Williams Planning Department City of Newport Beach 3300 Itewport Blvd. ITewport Beach CA 92863 F ` ++f_wvr p.O.Bo% 249 lklbort Ialand, C1t= yr? 2 Februnry 1987 Dear pia. williamo: The Newport Aquatic Center hria contracted my aerviean to provide archaeological monitoring during the initial Mrading that Will take place on rlorth Star Beach for the ITetirnort Aquatic Boathouse. 14Y services are intended to fulfill the requirement of Condition 58 of the Conditions of Approval for this center. Sincerely yourn, ///'illiam H. Breece Archaeological Consultant • a 87/082 GORDON BRICKEN & ASSOCIATES CONSULTING ACOUSTICAL and 'ENERGY ENGINEERS February 5, 1987 �Uiroly,,,., ��s ples�iT a`io0 Pig Q MR. NICK ADACHI 24372 Ardisa Mission Viejo, California, 92692 SUBJECT: EVALUATION OF THE ACOUSTICAL IMPACT OF THE PROPOSED AQUATIC CENTER -- YEWPORTBEACH Dear Mr. Adachi: We have examined your plans relative to compliance with the requirement of 55 dBA set by the City of Newport Beach. The site has no mechanical equipment on the building exterior. Electrical equipment is mounted on the exterior. Properly installed and operated, this equipment will have vary low sound emissions and will be below the 55 dBA. There is an internal equipment room which is fitted with an air louver in the northwest wall. It is possible that equipment in the roam could produce emissions to the exterior since the louvers have very little noise reduction an acoustical louvers (Industrial rAcoustics Model ties. We eR, or you to oquiv- use alent). This will insure adequate control at all times. Prepared by: Gord Bricken President /mmb 1621 U31 Seventeenth Sheet, Suite K a Santa Ana. California 92701 a Phone(714)835.0249 January 30, 1987 CITY OF NEWPORT BEACH PIanning Dept. Gentlemen: ./rJ RE 6p OQ 4.v 7,%. r� CREATIVE BUILDImC SYSTEMS 1211 East Warner Avenue Santa Ana, CA 92705 Job 01086-01 Newport Beach Aquatic Center The exterior pole lighting has been designed with an absolute cut-off of verticalillumination at 730 from . The exterior building lighting on the north and east side has been designed with a low wattage tamp and a glass prismatic lens that redirects lighting down to the ground. The adjacent property will not have light tres- passing, beyond 10-15 feet from of measurable quantity. The neighboringrty resideents, any have since their sites are at a higher elevation, will not to tolerate any glare or trespassing this light from project, Sincerely, Keith SchIeusener Creative Building Systems KSlpt 0 WC LLIAM H. JEWELL 170 East 171,h Street. State 110 a Costa Mesa. California 92627 714/645-3366 February 6, 1987 Ms. Tracy Williams Associate Planner Planning Department City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658-8915 !e� Rtcttveo - PLANNING _, FEb 0918870- 7 Re: Newport Aquatic Center, Use permit 1 3104 Dear Ms. Williams, After our project meeting with you and other staff the City of Newport Beach this week; 1 wish to follow up oonmbersfthose conditions not yet completed. A. Condition 156 The Newport Aquatic Center's Board of Directors will enforce a weekly clean up program around the Prject site and this ro shall be conducted on a regular basis. During constructiongram basins or other devices shall be installed to prevent waste from entering Newport Bay. The contractor "Warmington Homes" has been instructed to abide by this condition from the onset of the project, through all phases Of construction and up until the project has received it's final approval. B. Conditions 1 16,17,20,21,22,23,24,25,26,28,29,300 31,43,61,62. As you requested this portion of the letter addresses all the conditions listed above. These conditions are not specifically dealt with in any of the plans submitted to date, but, are however, to be included in the Facilities Management Plan. The Facilities Management Plan (FMP) will be approved prior to operation of the Newport Aquatic Center. It is the intent and obligation of the Newport Board of Directors to comply with, and sasfy eachtpfheter�a conditions listed above. The FMP document shall address each of the conditions so that the operation of the facility reflects the full intent of each condition. During the Period necessary to construct the MAC facility and finalize the pKp the Board of Directors ausumes all liability for compliance condition listed above and will hold the city of h Newyork Beach each harmless of any problems incurred prior of approval of the achy I Wish to thank you for the prompt attention You to this project and each member of the Board wishes tovextendntheir gratitude for your help and guidance during the approval period. Sincerely, WillH. J wSal-0--4— Board Member MAC Project Manager a June 25, 1984 Chairman and Members City of Newport Beach Planning Commission P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 SUBJECT: MASTER FACILITIES PLAN FOR NEWPORT BEACH AQUATIC CENTER Dear Honorable Chairman and Members: The Newport Beach Aquatic Center, a non-profit corporation, the Parks, Beaches, and Recreation Department of the City oand f Newport Beach are pleased to apply For a Use Permit for the Master Facilities Plan for the Newport Beach Aquatic Center. proposed facility will be constructed and maintained by the non - The profit corporation. The facility the non-profit corporation as a cewill be used by the City and nter for human -powered craft and related activities that are supportive to this primary use. On Tuesday, November 2, 1982, the electorate overwhelmingly approved a Resolution to lease North Star Beach to the non-profit corporation for the construction of the Aquatic Center. approval by the voters of Since the Resolution, the non-profit corpora- tion has worked dilegently to fulfill the trust the -ommunity ass aquatic center. This Placed with them to develop a world cl effort has been greatly helped through the cooperation of elected Beach staff. and appointed city officials and members of the City of Newport The Master Facilities Plan invisions a program of training and instruction in aquatic sports accomplished through the Parks, Beaches, and Recreation Department and Newport Beach Aquatic Center. The Master Facilities Plan, will later be sup by a request for City Council approval of a long-termleaseen and Facilities Use Plan. Chairman and Members City of Newport Beach Planning Commission June 25, 1484 Page Two It is our intention that these documents serve as the framework from which we can jointly meet the human -Powered craft and related activities needs of the cO=nunit facilities are designed to allow for us t' Additionally, groups such as the Scouts and the adjacent h mcsownora association. mutually agreed upon We respectfully request iation. Your approval of this Use Permit, Respectfully, William A, Wh ford Newport Beach Aquatic Center F'T/ct "A parcel of land in tipper Newport acent Block 53, Irvine's Subdivision in theCity yofdNewportto Beach, County of Orange, State of California, as shown on a map recorded in Book 1, page 88 of Miscellaneous Maps in the Office of the County Recorder of said Orange County being bounded as follows; Bounded northerly and northwesterly by the southerly and southeasterly boundary lines of the land described in paril cel 3 in a deed to the County of Orange, et al., recorded inrthe2office5ofsaidCountyRecorder iBook 2923 of Official Records Bounded southwesterly by the northeasterly line of North Star Lane as shown on a map of Tract No. 4224 in Book 157, pages 1 through 14 of said Miscellaneounr13aps. Bounded easterly and southeasterly by the westerly line Of that certain parcel of land described in a deed to the State of California, recorded March 30, 1976, in Book 11688, page 1455 of said Official Records." � S t associatpt� °� a..,nx p�aasy aroma„ �►7o..w ESTIlsAT1ID PADDLING FAATICIPAjITS U VEWpORT BE&" $ 8 198 OUTRICGER CLUBS Off —Shore Newport e Iaua Balboa * Kalifia K1,1'i'R RAYAKBRS * !2 individuals 140 active members 50 active members 50 active members 30 activo Members 30 active members Aa —Fos ol VI ct MOM ,_tom..:: _ E E � 44dd' a a � Z o 41-t 77777= - M_ � \ \�.® cy I EXHIBIT "E" COASTAL DEVELOPMENT PERMIT NO. 5-84-786 AND 5-84-786A North Star Beach — Joint Power Agreement Page E-1 STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor CALIFORNIA COASTAL COMMISSION a SOUTH COAST AREA 245 WEST BROADWAY, SUITE 380 February 23, 1987TH/sws LONG BEACH, ca vosoz (213) 590-5071 •- COASTAL DEVELOPMENT PERMIT NO. 584-786 On February 14, 1985 _ City of Newport Beacr this permit for the development Standard and Special Conditions. DESCRIPTION AND SITE Page 1 of 3 the California /Newport Aquat described below, -subject to the attached Coastal Commission granted to Construction of an 18,228 sq.ft. aquatic training and recreational facility to include a multi —purpose meeting room and a two —bedroom apartment on the second level to be located on North Star Beach in the City of Newport Beach. AMENDED DESCRIPTION Reduce, redesign and relocate facility 55 ft. south providing a 100 ft. setback from northern riparian area and 80 ft. setback from bay; eliminate second story (resident manager unit), boat repair and workshop and service yard areas, and add ramp and additional boat bay; relocate public restroom and shower. This project is subject to special conditions on original permit. Site: North Star Beach adjacent to Upper Newport Bay located at the terminus of North Star Lane in the Dover Shores residential area of Newport Beach, Orange County. Issued on behalf of the California Coastal Commission by PETER DOUGLAS Executive Director and Vlc'�X4 IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY F THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. Date Signature of Permittee NOTE: Plans not enclosed. Refer to plans sent 8/7/85 with the permit amendment. 5-84-786 Page 2 STANDARD CONDITIONS: I. Notice of.Receipt.and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: 1. Beach Improvement Program. The applicant shall submit a written agreement, the form and content subject to the review and approval of the Executive Director, for a North Star Beach Improvement Program. A. The agreement shall provide that by the end of the second year of operation of the facility that a Beach Improvement Plan to improve the quality of and access to the beach shall be submitted. The Plan shall specify whether the applicant will convert the dredge spoil beach to a sandy beach or will provide picnic tables, shaded viewing areas, and a public fishing dock with a sink and cleaning facilities. The Plan shall also include the provision of additional on -site public parking. 5-84-786 Page 3 B. By the end of the fourth year of operation of the facility the applicant shall commence construction of beach improvements as outlined in the above beach improvement plan. The improvements shall be completed'by the end of the fifth year of operation of the facility. 2. Prior to transmittal of permit the applicant shall submit revised plans that show a total of 83 on —site parking spaces. 3. The applicant shall submit the final facilities operation plan for Executive Director's review and approval. 4. Prior to transmittal of permit applicant shall submit a written agreement, the form and content subject to the review and approval of the Executive Director, that reserves 20 percent of the maximum allowable daily use of the facility for general public walk—in use of the boat launching facilities. The agreement shall also specify that the boat launching facilities, public restrooms and public parking be available to the general public during the hours of operation of the facility. Indoor boat storage shall also be made available for members of the general public without requiring them to enroll into any facility program. 5. The applicant shall submit final bulkhead plans for the review and approval of the Executive Director. 6. The applicant shall obtain and submit written certification from the California Department of Health that the water quality of the Upper Newport Bay poses no threat to public health in conjunction with the proposed use. 2252A STATE'6F CAL�IFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 WEST BROADWAY, SUITE 380 Page 1 of 2 LONG BEACH, CA 90802 Date: January 5, 19 (213) 590-5071 Permit No. 5-84-786A COASTAL DEVELOPMENT PERMIT On November 16, 1988, the California Coastal Commission granted to Newport Aquatic Center & City of Newport Beach this permit subject to the attached Standard and Special conditions, for development consisting of more specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at One Whitecliff Drive, Newport Beach CA Issued on behalf of the California Coastal Commission by PETER DOUGLAS Executive Director By:�---f Title: Staff Anal st ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance. . , of any permit. . ." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED THE COMMISSI OFFICE. 14 Cal. Admi . Code Section 13158(a). Jam_. Date Si ature of P rmittee A6: 4/88 / lb l- C COASTAL DEVELOPMENT PERMIT STANDARD CONDITIONS: Page 2 of 2 Permit No. 5-84-786A 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: NOTE: Unless specifically altered by the amendment all conditions attached to the previously approved permit remain in effect. 1. Prior to issuance of coastal permit, the applicant shall submit to the Executive Director for review and approval, revised plans which incorporate: all of the items enumerated in the letter dated October 6, 1988 from the DFG (exhibit 2 of this report); an agreement stating that representatives from the Department of Fish and Game and/or US Fis and Wildlife Services will be present on -site during the construction activities; written approval by DFG that the revised plans are in accord with their concerns. e e NOTICE OF COMMENCEMENT OF CONSTRUCTION I/We hereby notify the CALIFORNIA COASTAL COMMISSION that I/We / began the development authorized by Permit Number - _htq6 A on JUPe 6 19 q and that the development will be Date Construction Began completed in accordance with any conditions imposed in the permit. Signature of Appi-ican Representative 6 Date