The URL can be used to link to this page

Home My WebLink About22-08-24 Jeremy Approves LetterFrom: Jung, Jeremy Sent: August 24, 2022 9:23 AM To: Miller, Chris Subject: RE: One Last Look It looks good. Jeremy Jung, Deputy City Attorney City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 949.644.3133 | 949.644.3139 fax jjung@newportbeachca.gov CONFIDENTIALITY NOTICE: The information in this e-mail message is intended for the confidential use of the addressees only. The information is subject to the attorney-client privilege and/or may be attorney work-product. Recipients should not file copies of this e-mail with publicly accessible records. If you are not an addressee or an authorized agent responsible for delivering this e-mail to a designated addressee, you have received this e-mail in error, and any further review, dissemination distribution, copying or forwarding of this e -mail is strictly prohibited. Moreover, such inadvertent disclosure shall not compromise or waive the attorney -client privilege as to this communication. If you received this e-mail in error, please notify us immediately at (949) 644-3131. Thank you. From: Miller, Chris <CMiller@newportbeachca.gov> Sent: August 23, 2022 6:01 PM To: Jung, Jeremy <JJung@newportbeachca.gov> Subject: One Last Look Could you please re-read now that it’s in its final form? Chris Miller Public Works Manager (949) 644-3043 From: Jung, Jeremy Sent: August 23, 2022 9:27 AM To: Miller, Chris Subject: RE: 320 Buena Vista Appeal and Variance Application Attachments: 22-08-17 draft decision 320 Buena vista appeal variance - cm.docx Good morning Chris, Can you send Sherman Stacey the decision letter? I’ve attached the latest version, which came from you. The edits are good, but as we discussed, no need to revise the section you commented on. Thank you, Jeremy Jung, Deputy City Attorney City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 949.644.3133 | 949.644.3139 fax jjung@newportbeachca.gov CONFIDENTIALITY NOTICE: The information in this e-mail message is intended for the confidential use of the addressees only. The information is subject to the attorney-client privilege and/or may be attorney work-product. Recipients should not file copies of this e-mail with publicly accessible records. If you are not an addressee or an authorized agent responsible for delivering this e-mail to a designated addressee, you have received this e-mail in error, and any further review, dissemination distribution, copying or forwarding of this e -mail is strictly prohibited. Moreover, such inadvertent disclosu re shall not compromise or waive the attorney-client privilege as to this communication. If you received this e -mail in error, please notify us immediately at (949) 644-3131. Thank you. From: Miller, Chris <CMiller@newportbeachca.gov> Sent: August 22, 2022 6:15 PM To: Jung, Jeremy <JJung@newportbeachca.gov> Subject: FW: 320 Buena Vista Appeal and Variance Application FYI below From: Sherman Stacey <sstacey@gaineslaw.com> Sent: August 22, 2022 9:48 AM To: Miller, Chris <CMiller@newportbeachca.gov> Cc: John Morrissey <john.morrissey@jfshea.com>; Ed Shea III <edshea3@gmail.com>; Liz Shea <lizshea6@gmail.com>; Christy Lucia <ctr2108@gmail.com>; Scott Lucia <scott@luciawealth.com>; Jennifer Rogers <gr8teacher@icloud.com>; Steve High <SHigh@VillaRealEstate.com> Subject: 320 Buena Vista Appeal and Variance Application [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is s afe. Chris, I have attached statements from both the co-permittees on the 316, 318 & 320 Buena Vista shared pier stating that they both support the transfer to the current owner of 320 Buena Vista of both the shared permit and the permit for the pier at formerl y 322 Buena Vista. In addition, I have attached statements from 11 of the 13 remaining owners on Buena Vist a supporting the transfer of both pier permits. We have not been able to contact the remaining two owners but have no reason to believe that they would not also be in support. I look forward to speaking with you on this matter at your earliest convenience. Sherman L. Stacey Gaines & Stacey LLP 3197-A Airport Loop Dr. Costa Mesa, CA 92626 Tel: 949-640-8999 Fax: 714-434-1111 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)1. The second pier at issue, which has been shared by the property at the former 320 Buena Vista address, APN 048-31-15 (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. 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.