HomeMy WebLinkAbout22-04-25 Jeremy's ThoughtsFrom: Jung, Jeremy
Sent: April 25, 2022 2:54 PM
To: Miller, Chris
Subject: [ATTORNEY-CLIENT COMMUNICATION] RE: 320 & 322 Buena Vista Process
ATTORNEY-CLIENT COMMUNICATION
Chris,
This prompted me to look at Title 17 again. It seems that residential piers involve two permits,
one is for the permission to have a pier, another for the approval to build a pier. The former is
covered in Chapter 17.60 – Harbor Permits and Leases while the latter is in Ch. 17.50 – Harbor
Development Permits.
Ch. 17.60
- Application for pier permit, which is filed with Public Works (17.60.020.A)
- Duration of non-commercial pier permit (10 yrs), charging of rent (17.60.030.A, B)
- Transfer requires Public Works (or City Manager) approval. Fee for late transfers
(17.60.030.C)
Ch. 17.50
- Need a Harbor Development Permit to build, demolish pier (i.e. structure in Harbor)
(17.50.010.A)
- Application is on CDD’s forms (17.50.020.A)
- Transfer of Harbor Development Permit requires CDD Director’s approval. Until such
transfer, right to use vests with City (while the “title” of the permit remains with selling
landowner). (17.50.070)
Variances are covered in Ch. 17.50 (Harbor Development Permits). They require use of CDD’s
forms (and thus the applicable fees are most likely CDD’s fees). However, another department
could be the appropriate review authority.
The above creates an interesting situation. First, does the applicant here need to transfer TWO
permits? While it probably could be accomplished at the same time and on the same form, there
are two different approvers (Public Works and CDD). (On a side note, in the case of untimely
transfer applications, there is no late fee provision on the harbor development permit and there
is no right-of-use/”title” separation regarding the generically-named “non-commercial pier
permit”. Secondly, CDD imposes a fee for public hearings while Harbor/Title 17 does not. Harbor
may want to look into charging some type of fee. Whether the CDD fee can be collected here is
unclear; while it’s part of the CCD variance application, the hearing is at Harbor Commission and
the noticing requirements are slightly different—don’t need to publish in a newspaper and don’t
need to notify resource agencies.
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
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From: Miller, Chris <CMiller@newportbeachca.gov>
Sent: April 21, 2022 4:53 PM
To: Sherman Stacey <sstacey@gaineslaw.com>
Cc: Kim Rible <krible@gaineslaw.com>
Subject: 320 & 322 Buena Vista Process
Sherman,
I am in receipt of your emails today concerning the 320 and 322 Buena Vista pier transfers, and your
preliminary questions concerning the appeal and variance processes. I will attempt to address each
process below.
Appeal Staff’s Decision to Harbor Commission
1. Earlier this week, I provided you a draft response letter to the pier permit transfer application.
You indicated you had suggested comments. Upon our mutual agreement, I will sign and
transmit that letter to you.
2. If desired, you may appeal that decision. Appeal forms are located via the City Clerk’s office
here:
https://www.newportbeachca.gov/home/showpublisheddocument/57345/6373567925706700
00
i. Note that the form must be physically submitted to the City Clerk’s
Office. Please also note the required fee. ($1,250 – PWB018)
ii. (The $2,130 fee you previously mentioned is for construction plan check
appeals.)
iii. I will handle the mailers and radius map.
3. Appeals to the Harbor Commission are public hearings. Public notice via newspaper, on-site
posting, and letters to residents are required.
a. The next available date for a HC public hearing is June 8 at 5:00 p.m.
Request for Variance
1. A variance may be requested via the Community Development Department who would likely
forward to Public Works for consideration.
2. Variance application is located here:
https://newportbeachca.gov/government/departments/community-development/planning-
division/applications-forms-and-fees#Variance (Planning Permit Application)
a. The variance application fee is here:
https://newportbeachca.gov/home/showpublisheddocument/131/6377316735412000
00
b. Note the fee is $5,380 + $508 for public noticing.
c. I will handle the mailers and radius map.
3. The same schedule noted above also applies.
Please also note that upon submitting the above forms and fees, I will review and determine the timing
for both actions as they relate to the Harbor Commission. Further thought is required as to whether one
request precedes the other, or whether both are heard at the same meeting.
I will be out of the office tomorrow, but available next week to discuss as needed.
Thank you,
Chris Miller
Public Works Manager
(949) 644-3043