HomeMy WebLinkAbout22-08-24 Decision - 320 Buena Vista Appeal and Variance (2)Public Works
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3311
newportbeachca.gov/PublicWorks
August 24, 2022
Gaines & Stacey, LLP
Sherman Stacey
3197-A Airport Loop Dr.
Costa Mesa, CA 92626
Re: Appeal from Denial of Pier Permit Transfer; Request for Variance re Pier Permit
The City has reviewed the documentation submitted in support of your appeal of the denial of the
pier permit transfer and your variance application (received May 18, 2022 and May 27, 2022,
respectively). After further consideration of the matter, the City concludes that transfer of both
pier permits is not precluded by NBMC section 17.35.020.A.7 because there is in fact only one
pier that is bayward of the property at the new 320 Buena Vista address, APN 048-31-41 (i.e.,
post-merger)0F
1.
The second pier at issue, which has been shared by the property at the former 320 Buena Vista
address, APN 048-31-16 (pre lot-merger), along with the properties at 316 and 318 Buena Vista,
is not bayward of the 320 Buena Vista property. Nor does any part of the shared pier cross over
or extend into the 320 Buena Vista property or any part of the water area bounded by the
prolongation of the parcel’s side lot lines, which is different from the situation of most shared
piers within Newport Harbor. While the shared pier had at one time been located bayward of the
pre-merger 320 Buena Vista property, it was relocated in 1988 pursuant to a City Council-
approved permit to its present location in order to increase the water access for all three
properties.
Both the single pier bayward of 320 Buena Vista (Pier Permit No. 115-322) and the shared pier
(Pier Permit No. 115-320) have existed at their present locations since at least 1988. (The non-
shared pier was originally permitted in or around 1981.) As noted in your variance and appeal
applications, the neighbors and surrounding community residents will not be impacted by the
single property having use of the two existing piers.
Therefore, the City will move forward in approving the pier permit transfer requests for Pier Permit
No. 115-320 and Pier Permit No. 115-322. The appeal and variance fees will also be refunded.
Thank you,
Chris Miller
Public Works Manager
1 The current property with the address of 320 Buena Vista (APN 048-31-41) is a result of a merger
of APN 048-31-16, 320 Buena Vista, and APN 048-31-18, 322 Buena Vista.