HomeMy WebLinkAboutPA2023-0076_20230327_Application Community Development Department Planning Permit Application
CITY OF NEWPORT BEACH
100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment
I:\Users\CDD\Shared\Admin\Planning_Division\Applications\Application_Guidelines\Planning Permit Application_2021.docx Rev: 01/24/17
1. Check Permits Requested:
Approval-in-Concept - AIC # Lot Merger Staff Approval
Coastal Development Permit Limited Term Permit - Tract Map
Waiver for De Minimis Development Seasonal < 90 day >90 days Traffic Study
Coastal Residential Development Modification Permit Use Permit -Minor Conditional
Condominium Conversion Off-Site Parking Agreement Amendment to existing Use Permit
Comprehensive Sign Program Planned Community Development Plan Variance
Development Agreement Planned Development Permit Amendment -Code PC GP LCP
Development Plan Site Development Review - Major Minor Other:
Lot Line Adjustment Parcel Map
2. Project Address(es)/Assessor’s Parcel No(s)
3. Project Description and Justification (Attach additional sheets if necessary):
4. Applicant/Company Name
Mailing Address Suite/Unit
City State Zip
Phone Fax Email
5. Contact/Company Name
Mailing Address Suite/Unit
City State Zip
Phone Fax Email
6. Property Owner Name
Mailing Address Suite/Unit
City State Zip
Phone Fax Email
7. Property Owner’s Affidavit*: (I) (We)
depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (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 correct to the best of (my) (our) knowledge and belief.
Signature(s): ________________________________ Title: Date:
MM/DD/YEAR
Signature(s): ________________________________ Title: Date: *May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. Please note, the owner(s)’ signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized.
1756765.1
March 6, 2023
Jaime Murillo
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
SUBJECT: Bay Bridge Pump Station Replacement, Project No. 5-67
Dear Mr. Murillo,
Thank you for the opportunity to present an update on the Bay Bridge Pump
Station Replacement Project (Project) on Tuesday, February 21, 2023. We look
forward to coordinating with the City of Newport Beach (City) further on the site
development and local coastal development permits to get this project
completed in a timely manner to avoid any serious negative impacts from a
pump station failure such as a sewage spill into the Back Bay.
One preliminary matter that must be addressed is the City’s continued request
for a “letter of authorization” or other means of written consent signed by
Bayside Village Marina, LLC (BVM) in order for the permit application to be
considered. This request is based on Section 20.50.040 of the City’s Municipal
Code. That Section provides that an application for a land use permit must be
filed by the property owner or the property owner’s authorized agent.
As you know, BVM refused to sign the permit application or authorize OC San
to do so on BVM’s behalf. As a result, OC San had no choice but to file an
application for Prejudgment Possession. By Order dated January 3, 2023,
Judge Claster of the Orange County Superior Court granted OC San’s
application and gave OC San legal possession of the property to be developed.
A copy of the Order is attached. The Order became effective on February 20,
2023.
As you can see from the Order, it was specifically intended to allow OC San to
file permit applications without the cooperation of BVM. The Order’s recitals
provide in relevant part as follows:
OC San needs immediate legal possession of the Property Interests to
seek the necessary permits from the City of Newport Beach, the
California Coastal Commission, etc., to move forward with the Project .
. .” (Order p.3.)
Jaime Murillo
March 6, 2023
Page 2 of 2
1756765.1
The Order is based on the Court’s determination that “OC San shall have
immediate legal possession of the Property Interests for purposes of seeking
the necessary permits.” (Order p. 3.) Simply put, as of February 20, 2023, OC
San is the “owner” of the property to be developed for purposes of Section
20.50.040.
OC SAN is progressing with the design and will continue to coordinate with the
City and will submit the permit applications as soon as they are available. If you
have any questions regarding the project, please contact me at (657) 264-6379
or cmurra@ocsan.gov.
Sincerely,
Cindy Murra, PE
Project Manager
CKM:tk
Enclosure:
Revised Order for Prejudgment Possession
1680311.1
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PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am over the age of 18 and not a party to the within action; I am employed by WOODRUFF, SPRADLIN & SMART in the County of Orange at 555 Anton Boulevard, Suite 1200, Costa Mesa, CA 92626-7670.
On January ____, 2023, I served the foregoing document(s) described as REVISED
ORDER FOR PREJUDGMENT POSSESSION
by placing the true copies thereof enclosed in sealed envelopes addressed as stated on the attached mailing list;
(BY MAIL) I placed said envelope(s) for collection and mailing, following ordinary business practices, at the business offices of WOODRUFF, SPRADLIN & SMART, and addressed as shown on the attached service list, for deposit in the United States Postal Service. I am readily familiar with the practice of WOODRUFF, SPRADLIN & SMART for collection and processing correspondence for mailing with the United States Postal Service, and said envelope(s) will be deposited with the United States Postal Service on said date in the ordinary course of business.
(BY ELECTRONIC SERVICE) by causing the foregoing document(s) to beelectronically filed using the Court’s Electronic Filing System which constitutes serviceof the filed document(s) on the individual(s) listed on the attached mailing list.
(BY OVERNIGHT DELIVERY) I placed said documents in envelope(s) forcollection following ordinary business practices, at the business offices ofWOODRUFF, SPRADLIN & SMART, and addressed as shown on the attached servicelist, for collection and delivery to a courier authorized by_________________________ to receive said documents, with delivery fees providedfor. I am readily familiar with the practices of WOODRUFF, SPRADLIN & SMARTfor collection and processing of documents for overnight delivery, and said envelope(s)will be deposited for receipt by _________________________ on said date in theordinary course of business.
(BY FACSIMILE) I caused the above-referenced document to be transmitted to theinterested parties via facsimile transmission to the fax number(s) as stated on theattached service list.
(BY PERSONAL SERVICE) I delivered such envelope(s) by hand to the offices ofthe addressee(s).
(State) I declare under penalty of perjury under the laws of the State of Californiathat the above is true and correct.
Executed on January ____, 2023 at Costa Mesa, California.
_/s/ Laurie A. Rivera____________ LAURIE A. RIVERA
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ORANGE COUNTY SANITATION DISTRICT
v.
BAYSIDE VILLAGE MARINA, LLC, et al.
OCSC, CIVIL COMPLEX CASE NO. 30-2022-01251890-CU-EI-CXC
ASSIGNED FOR ALL PURPOSES TO HONORABLE WILLIAM CLASTER DEPARTMENT CX-104
SERVICE LIST
Brad B. Kuhn, Esq. John P. Erskine, Esq. NOSSAMAN LLP 18101 Von Karman Avenue, Suite 1800 Irvine, CA 92612 T: (949) 833-7800 | F: (949) 833-7878 D: (949) 477-7651 | M: (949) 812-9102 Email: bkuhn@nossaman.com jerskine@nossaman.com
Attorneys for Defendant BAYSIDE VILLAGE MARINA LLC, a California limited liability company
I:\Users\CDD\Shared\Admin\Planning_Division\Current_Templates\Office Use Only Form Updated 01/27/2020
2700-5000 Acct.
Deposit Acct. No. ________________________
For Deposit Account:
Fee Pd: _______________________________________
Receipt No: ____________________________
FOR OFFICE USE ONLY
Date Filed: _______________________
APN No: __________________________
Council District No.: _________________
General Plan Designation: ____________
Zoning District: _____________________
Coastal Zone: Yes No Check #: __________
Visa MC Amex # ____________
CDM Residents Association and Chamber
Community Association(s): _______________________ Development No: __________________________
_____________________________________________ Project No: ________________________________
_____________________________________________ Activity No: _______________________________
Related Permits: ___________________________
Remarks:
________________________________________________________________________________________