HomeMy WebLinkAbout22-04-06 Jaime Explains MergerFrom: Murillo, Jaime
Sent: April 06, 2022 5:19 PM
To: Miller, Chris
Subject: RE: 320-322 Buena Vista
Yes, that is my understanding in reading the code. The intent is that each upland property owner of a
home or duplex gets one pier. The fact that they also own two remnant parcels zoned open space
should not entitle them to additional piers. What is Jeremy’s take on this?
From: Miller, Chris <CMiller@newportbeachca.gov>
Sent: April 06, 2022 3:44 PM
To: Murillo, Jaime <JMurillo@newportbeachca.gov>
Subject: FW: 320-322 Buena Vista
Hi Jaime,
I reviewed your permit history document that you sent over today – thank you. Everything you said
makes perfect sense especially the part about the two bayfront lots designated as Open Space and how
that relates to 17.35.020.A.7.
Sherman’s point below focuses on these two lots, and after reading your synopsis, it would seem that
those two lots would be irrelevant to the discussion based on their Open Space designation.
Could you please review Sherman’s message below, then confirm to me that your previous historical
summary is still accurate?
Thank you,
Chris
From: Sherman Stacey <sstacey@gaineslaw.com>
Sent: April 04, 2022 2:46 PM
To: Miller, Chris <CMiller@newportbeachca.gov>
Cc: Jung, Jeremy <JJung@newportbeachca.gov>; Christy Lucia <ctr2108@gmail.com>; Steve High
<SHigh@VillaRealEstate.com>; Kimberly Rible <krible@gaineslaw.com>
Subject: 320-322 Buena Vista
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Chris:
Thank you for speaking with me last Friday about the pier permits associated with 320 and 322 Buena
Vista. I wanted to bring certain facts to your attention which may affect your decision. I have copied
Deputy City Attorney Jeremy Jung by using an email address which I have presumed would be his. If it
my address is in error, please forward this email to him.
We discussed Municipal Code Section 17.35.020(A)(7) which limits each parcel or lot to only a single pier
and slip. You have been asked to transfer a pier permit which had previously been shared by 316, 318
and 320 Buena Vista to the owners of 316, 318 and a new owner of 320. You declined such transfer as
the property at 322 Buena Vista was merged with 320 Buena Vista, which has its own separate pier
permit.
We have researched the merger approved by the City in 2016 and discovered that only the portions of
320 and 322 Buena Vista which are east of the sidewalk were merged. These lots were originally
created as Lot 157 and 158 of Block A East Newport as per map recorded in 1906 in Book 4 page 41. I
have attached a copy of the original 1906 recorded map.
I have attached a copy of the Lot Line Merger approved by the City in PA2016-158 and recorded on
September 21, 2017 as Instrument No. 2017000401498. Exhibit “A” to the Lot Line Merger shows
clearly that the only property merged was Lots 157 and 158 (APN 048-031-16 and 048-031-18). The
drawing attached as Exhibit “B” similarly shows that the property east of Buena Vista is the only
property identified as merged.
On the west side of Buena Vista remain two separate lots which are identified as APN 048-031-15 and
APN 048-031-17. I have attached the current Assessor’s Parcel Map book 048 Page 031. As you can see,
after the merger, the merged lots (APN 048-031-16 and 048-031-18) were renumbered as a single parcel
048-031-41. All of these separate parcel number come up on the City’s GIS mapping.
The west side of Buena Vista was not recognized as privately owned until a 1928 Judgment recorded at
Book 203 Page 95, OC Records. (Copy attached) The judgment recognized separate parcels on the west
side of Buena Vista to the mean high tide line. These separate parcels were assigned APN 048-031-15
and APN 048-031-17 and remain as two separate parcels although enlarged by the City’s 2015
abandonment of a portion of Buena Vista for which use was restricted. Three separate tax bills are sent
to the owner. Two of these tax bills are the separate tax bills for APN 048-031-15 and APN 048-031-
17. A copy of the current legal description provided by Chicago Title Company is attached. The legal
description describes the three parcels which are identified by the APN numbers I have noted.
Since two parcels remain on the west side of Buena Vista, the pier permit associated with 320 Buena
Vista is in fact associated with APN 048-031-015 which is a separate parcel from 048-031-017 or 048-
031-041. The shared pier between 316, 318 and 320 is shared with APN 048-031-015. The shared pier
permit as well as the pier permit associated with merged 320 and 322 are associated with different
parcels. Therefore, both pier permits can be transferred to the new owner without conflict with
Municipal Code Section 17.35.020(A)(7).
On behalf of the current owners, I respectfully request that your office approved the application for
transfer of the owner’s interest in the shared pier permit.
If you wish to discuss this matter, I am available at 949-500-6326 today and tomorrow. After tomorrow,
please contact Kim Rible of my firm at 818-933-0207. Thank you.
Sherman L. Stacey
Gaines & Stacey LLP
3197-A Airport Loop Dr.
Costa Mesa, CA 92626
Tel: 949-640-8999
Fax: 714-434-1111