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GRAY DAVIS, Governor
STATE OF CALIFORNIA -- THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA
PO Box 1450
200 Oceangate, 10th Floor
LONG BEACH, CA 90802-4416
(562) 590-5071
NOTICE OF
Date: February 10, 2003
Permit No. 5-02-394
PER S
Please be advised that the Administrative Permit with the above permit number
which was sent to you on January 16, 2003 and was reported to the
Commission on Friday, February 7, 2003 is now fully effective.
Development of your project is subject to compliance with all terms and conditions
specified in the Administrative Permit.
Should you have any questions please contact our office.
Sincerely,
PETER M. DOUGLAS
Exec tive irector
B Y. J
y: E I J. Sy
ogr
Coast ogram Analyst
CC CALIFORNIA COASTAL COMMISSION
STATE OF CALIFORNIA - THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562) 590-5071
FR 3a
APPLICANT: Robert Barth
GRAY DAVIS, Govemor
Permit Application No. 5-02-394
Date: January 16, 2003
Page 1 of 5 a
ADMINISTRATIVE PERMIT
PROJECT
DESCRIPTION: Replace an existing "L" shaped dock, which includes the removal and
replacement of 3 piles.
PROJECT
LOCATION: 111 Via Lido Soud, Newport Beach (Orange County)
EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any
special conditions, appear on subsequent pages.
NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is
reported to the Commission at its next meeting. If one-third or more of the appointed
membership of the Commission so request, the application will be removed from the
administrative calendar and set for public hearing at a subsequent Commission meeting. Our
office, will notify you if such removal occurs.
This permit will be reported to the Commission at the following time and place:
Friday, February 7, 2003
9:00 am
Hyatt Regency Islandia Hotel & Marina
1441 Quivira Road
San Diego, CA 92109
IMPORTANT - Before you may proceed with development, the following must occur:
Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate
copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return
it to our office. Following the Commission's meeting, and once we have received the signed
acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of
Administrative Permit Effectiveness.
BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU
MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT
EFFECTIVENESS FROM THIS OFFICE.
PETER DOUGLAS
Executive Director
By: Fernie J. Sy
Title: Coastal Program Analyst
5 -02 -394 -(Barth)
Administrative Permit
Page 2 of 5
STANDARD CONDITIONS:
Notice of Receipt and Acknowledgment. The permit is not valid and development shall not
commence until a copy of the permit, signed by the permittee or authorized agent,
acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to
the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years from the date
this permit is reported to the Commission. Development shall be pursued in a diligent manner
and completed in a reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
Interpretation. Any questions of intent or interpretation of any term or condition will be resolved
by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee files with
the Commission an affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and
it is the intention of the Commission and the permittee to bind all future owners and possessors
of the subject property to the terms and conditions.
SPECIAL CONDITIONS: See pages four to five.
EXECUTIVE DIRECTOR'S DETERMINATION (continued):
The Executive Director hereby determines that the proposed development is a category of
development which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director
through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as
attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976
and will not have any significant impacts on the environment within the meaning of the California
Environmental Quality Act. If located between the nearest public road and the sea, this development is
in conformity with the public access and public recreation policies of Chapter 3.
FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION:
A. Proiect Description and Background
Prowect DescriiDtion
The proposed project (Exhibit #3) involves removing an existing "L" shaped dock and replacing it
with a new "L" shaped dock consisting of a 65'x 6'finger and a 12'x 24' backwalk. In addition,
three (3) existing 12" piles will be removed and replaced with three (3) new 18" piles. The
floating dock system will only be used for boating related purposes.
The subject site is located at 111 Via Lido Soud in the City of Newport Beach (Exhibits #1 -2).
The dock project is for boating related purposes and is associated with an existing single family
home. The site has been surveyed by the City of Newport Beach Harbor Resources Division for
eelgrass and no eelgrass was discovered within 15 feet of the project area. Coastal public
access is available near the site at the bridge leading into Lido Island, approximately 181 feet
southeast of the project site (Exhibit #2). The proposed project has received an approval in
5 -02 -394 -(Barth)
Administrative Permit
Page 3 of 5
concept from the City of Newport Beach Harbor Resources Division. The Regional Water
Quality Control Board (RWQCB) has determined that the proposed project will not adversely
impact water quality if standard construction methods and materials are used. The applicant has
applied for a permit from the U.S. Army, Corps of Engineers.
2. Prior Commission Action at Subiect Site
On April 14, 1979, the Commission approved Coastal Development Permit #P-79-5127
(Barrenechea) for the demolition and construction of a single family dwelling.
B. Marine Resources
The proposed recreational boat dock development and its associated structures are an allowable and
encouraged marine related use. The project design includes the minimum sized pilings and the
minimum number of pilings necessary for structural stability. The pilings are self -mitigating. There are
no feasible less environmentally damaging alternatives available. As conditioned, the project will not
significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive
aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be
used solely for recreational boating purposes, conforms with Sections 30224 and 30233 of the Coastal
Act.
C. Water Qualit
The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or
placement of construction material, debris, or waste in a location where it could be discharged into
coastal waters would result in an adverse effect on the marine environment. To reduce the. potential for
construction related impacts on water quality, the Commission impose5 special conditions requiring,
but not limited to, the appropriate storage and handling of construction equipment and materials to
minimize the potential of pollutants to enter coastal waters and for the use of on-going best
management practices following construction. As conditioned, the Commission finds that the
development conforms with Sections 30230 and 32031 of the Coastal Act.
D. Local Coastal Proararn
The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP
was updated on January 9, 1990. As conditioned, the proposed development is consistent with
Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project,
as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal
Program that is in conformity with the provisions of Chapter 3.
E. California Environmental Quality Act (CEQA)
As conditioned, there are no feasible alternatives or feasible mitigation measures available which
would substantially lessen any significant adverse effect which the activity may have on the
environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate
the identified impacts, is the least environmentally damaging feasible alternative and can be found
consistent with the requirements of the Coastal Act to conform to CEQA.
5 -02 -394 -(Barth)
Administrative Permit
Page 4 of 5
SPECIAL CONDITIONS:
Water Quality
A. Construction Responsibilities and Debris Removal
(a) No construction materials, equipment, debris, or waste will be placed or stored where it
may be subject to wave, wind, or rain erosion and dispersion.
(b) Any and all construction material will be removed from the site within 10 days of
completion of construction.
(c) Machinery or construction materials not essential for project improvements will not be
allowed at any time in the intertidal zone.
(d) If turbid conditions are generated during construction a silt curtain will be utilized to control
turbidity.
(e) Floating booms will be used to contain debris discharged into coastal waters and any
debris discharged will be removed as soon as possible but no later than the end of each
day.
(f) Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as
possible after loss.
B. Best Management Practices Program
By acceptance of this permit the applicant agrees that the long-term water -borne berthing of
boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water
quality pursuant to the implementation of the following BMPs.
(a) Boat Cleaning and Maintenance Measures:
In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps,
paints, and debris.
ii. In -the -water hull scraping or any process that occurs under water that results in the
removal of paint from boat hulls shall be prohibited. Only detergents and cleaning
components'that are designated by the manufacturer as phosphate -free and
biodegradable shall be used, and the amounts used minimized.
iii. The applicant shall minimize the use of detergents and boat cleaning and maintenance
products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum
distillates or lye.
(b) Solid and Liquid Waste Management Measures:
i. All trash, recyclables, and hazardous wastes or potential water contaminants, including
old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries,
anti -freeze, waste diesel, kerosene and mineral spirits will be disposed of in a proper
manner and will not at any time be disposed of in the water or gutter.
(c) Petroleum Control Management Measures:
i. Oil absorbent materials shall be examined at least once a year and replaced as
necessary. The applicant will recycle the materials, if possible, or dispose of them in
accordance with hazardous waste disposal regulations. The boaters will regularly
5 -02 -394 -(Barth)
Administrative Permit
Page 5 of 5
inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil
and fuel spills. Boaters will use preventive engine maintenance, oil absorbents, bilge
pump -out services, or steam cleaning services as much as possible to clean oily bilge
areas. Bilges shall be cleaned and maintained. Detergents will not be used for
cleaning. The use of soaps that can be discharged by bilge pumps is prohibited.
2. Pre -construction Caulerpa Taxifolia Survey .
(a) Not earlier than 90 days nor later than 30 days prior to commencement or
re -commencement of any development authorized under this coastal development permit
(the "project"), the applicant shall undertake a survey of the project area and a buffer area
at least 10 meters beyond the project area to determine the presence of the invasive alga
Caulerpa taxifolia. The survey shall include a visual examination of the substrate.
(b) The survey protocol shall be prepared in consultation with the Regional Water Quality
Control Board, the California Department of Fish and Game, and the National Marine
Fisheries Service.
(c) Within five (5) business days of completion of the survey, the applicant shall submit the
survey:
for the review and approval of the Executive Director; and
ii. to the Surveillance Subcommittee of the Southern California Caulerpa Action
Team (SCCAT). The SCCAT Surveillance Subcommiftee may be contacted
through William Paznokas, California Department of Fish & Game
(858/467-4218) or Robert Hoffman, National Marine Fisheries Service
(562/980-4043).
(d) If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not
proceed with the project until 1) the applicant provides evidence to the Executive Director
that all C. taxifolia discovered within the project and buffer area has been eliminated in a
manner that complies with all applicable governmental approval requirements, including
but not limited to those of the California Coastal Act, or 2) the applicant has revised the
project to avoid any contact with C. taxifolia. No revisions to the project shall occur without
a Coastal Commission approved amendment to this coastal development permit unless
the Executive Director determines that no amendment is legally required.
ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS:
I/We acknowledge that I/we have received a copy of this permit and have accepted its contents
including all conditions.
Applicant's Signature Date of Signing
H:\fsy\Staff Repo rts\Feb03\5-02-394[Ba rth]AP(N B)
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
,ql
July 26, 2002
Terri Hamer
First American trust, FSB
Escrow Accounts
421 North Main Street
Santa Ana, CA 92701
Re: Pier Permit 17301111 for 111 Via Lido Soud, #2254353AM
Dear Sirs:
The City of Newport Beach Harbor Resources Division has inspected the pier and float
for the above-mentioned property and has found that it meets the City standards.
The pier permit will be transferred Robert & Suzy Barth.
If you require further assistance in this matter, please call 644-3043.
Sincerely,
ee&sAnnand
Harbor Inspector
Harbor Resources DivisionO.....
3300 Newport Boulevard, Newport Beach
P()
0
CITY OF NEWPORT BEACH
�3 Z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
July 26, 2002
Terri Hamer
First American Trust, FSB
Escrow Account
421 North Main Street
Santa Ana, California 92701
Re: I I I Via Lido Soud, Newport Beach
Dear Ms. Hamer:
The City of Newport Beach Harbor Resources investigated the issues regarding berthing
of vessels at 107 Via Lido Soud and the question of ingress/egress of vessels berthed at
I I I Via Lido Soud.
Relative to the vessels currently berthed at 107 Via Lido Soud, all vessels are berthed in
compliance with the City Municipal Code and the Harbor Permit Policies. The one
question yet to be answered is whether the vessel closest to the seawall on the southwest
side of the dock at 107 must transverse across and into I 11 Via Lido Soud's permit area
to ingress or egress the dock. Any vessel berthed in tandem that must transverse across
and into another permit area is in violation of the Harbor Permit Policies.
It appears that the float at I I I Via Lido Soud could accommodate a 60' vessel, plus the
additional footage allowed by the beam of the boat, but that could be limited by the
approximate 30 foot channel in which to ingress & egress the float.
Whether a vessel is visually acceptable or not by the adjoining property owner is not
addressed in any of the harbor codes and therefore is outside this division's scope of
review.
Yours very trubvi
V
Wes Annand
Harbor Inspector
Harbor Resources Division
Cc: Christine Skillsky, Strada Properties
Tony Melum, Harbor Resources
RE SED
1-2-6 -r -a-
3300 Newport Boulevard, Newport Beach
X
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
V 0
July 26, 2002.
Terri Hamer
First American Trust, FSB
Escrow Account
421 North Main Street
Santa Ana, California 92701
Re: 111 Via Lido Soud, Newport Beach
Dear Ms. Hamer:
The City of Newport Beach Harbor Resources investigated the issues regarding berthing
of vessels at 107 Via Lido Soud and the question of ingress/egress of vessels berthed at
111 Via Lido Soud.
Relative to the vessels currently berthed at 107 Via Lido Soud, all vessels are berthed in
compliance with the City Municipal Code and the Harbor Permit Policies. The one
question yet to be answered is whether the vessel closest to the seawall on the southwest
side of the dock at 107 must transverse across and into 111 Via Lido Soud's pen -nit area
to ingress or egress the dock. Any vessel berthed in tandem that must transverse across
and into another permit area is in violation of the Harbor Permit Policies.
It appears that the float at 111 Via Lido Soud could accommodate a 60' vessel, plus the
additional footage allowed by the beam of the boat, but that could be limited by the
approximate 30 foot channel in which to ingress & egress the float.
Whether a vessel is visually acceptable or not by the adjoining property owner is not
addressed in any of the harbor codes and therefore is outside this division's scope of
review.
Yours very tru.
Wes Armand
Harbor Inspector
Harbor Resources Division
Cc- Christine Skillsky, Strada Properties
��ony Melum, Harbor Resources
3300 Newport Boulevard, Newport Beach
PO
0
CITY OF NEWPORT BEACH
RO. BOX 1768, NEWPORT BEACH, CA 92658-8915
July 26, 2002
Terri Hamer
First American Trust, FSB
Escrow Account
421 North Main Street
Santa Ana, California 92701
Re: 111 Via Lido Soud, Newport Beach
Dear Ms. Hamer:
The City of Newport Beach Harbor Resources investigated the issues regarding berthing
of vessels at 107 Via Lido Soud and the question of ingress/egress of vessels berthed at
111 Via Lido Soud.
Relative to the vessels currently berthed at 107 Via Lido Soud, all vessels are berthed in
compliance with the City Municipal Code and the Harbor Permit Policies. The one
question yet to be answered is whether the vessel closest to the seawall on the southwest
side of the dock at 107 must transverse across and into 111 Via Lido Soud's pennit area
to ingress or egress the dock. Any vessel berthed in tandem that must transverse across
and into another permit area is in violation of the Harbor Permit Policies.
It appears that the float at 111 Via Lido Soud could accommodate a 60' vessel, plus the
additional footage allowed by the beam of the boat, but that could be limited by the
approximate 30 foot channel in which to ingress & egress the float.
Whether a vessel is visually acceptable or not by the adjoining property owner is not
addressed in any of the harbor codes and therefore is outside this division's scope of
review.
Yours very trubn
Wes Armand
Harbor Inspector
Harbor Resources Division
Cc: Christine Skillsky, Strada Properties
Tony Melum, Harbor Resources
3300 Newport Boulevard, Newport Beach
4786 FITCOAMCRO%X
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CITY OF NEWPORT BEACH
-8915
P.O. BOX 1768, NEWPORT BEACH, CA 92658
July 26, 2002
Tem Hamer
First American Trust, FSB
Escrow Account
421 North Main Street
Santa Ana, California 92701
Re: 111 Via Lido Soud, Newport Beach
Dear Ms. Hamer:
The City of Newport Beach Harbor Resources investigated the issues regarding berthing
of vessels at 107 Via Lido Soud and the question of ingress/egress of vessels berthed at
I 11 Via Lido Soud.
Relative to the vessels currently berthed at 107 Via Lido Soud, all vessels are berthed in
compliance with the City Municipal Code and the Harbor Permit Policies. The one
question yet to be answered is whether the vessel closest to the seawall on the southwest
side of the dock at 107 must transverse across and into 111 Via Lido Soud's permit area
to ingress or egress the dock. Any vessel berthed in tandem that must transverse across
and into another permit area is in violation of the Harbor Permit Policies.
It appears that the float at 111 Via Lido Soud could accommodate a 60' vessel, plus the
additional footage allowed by the beam of the boat, but that could be limited by the
approximate 30 foot channel in which to ingress & egress the float.
Whether a vessel is visually acceptable or not by the adjoining property owner is not
addressed in any of the harbor codes and therefore is outside this division's scope of
review.
Yours very tru
Wes Armand
Harbor Inspector
Harbor Resources Division
Cc: Christine Skillsky, Strada Properties
Tony Melum, Harbor Resources
3300 Newport Boulevard, Newport Beach
07/12/2002 12:37 FAX 714 972 1368 1ST AMERICAN TRUST
July 11, 2002
VIA FACSIMILE (949) 723-0589
Mr. Wes Armand
Division of Harbor Resources
829 Harbor Island Drive
Newport Beach, CA 92660
RE- ill VIA LIDO SOUD, NEWPORT BEACH
Dear Mr. Armatid:
Pursuw-it to a telephone conversation yesterday, we are making a founal written complaint
regarding the dock situation at the above referenced property.
We are a Co -Trustee for ilie Buccola Fau-iily Trust and Own the above mentioned home. It
has come to our allention that the neighbor at 107 Via Lido Soud may be renting out his
dock space, This is impacting the sale of I I I Via Lido Soud. Berawe there are far too
many boats at ibe neighbor's dock, access to t1le dock at I 11 Via Lido Soud is nearly
impossible. Because of the ordinances in place regarding how many boats may safiely park
at any given dock, I would ask that the matter be investigated as soon as possible.
Should you have questions or require any additional information please contact my agent,
Tim Carr of Strada Properties, at (949) 640-3630. Thank you for your prompt attention to
this matter.
ly,
Sincer - ly,
I er
First American Trust
cc: Tim Carr, Strada Propeidw;—(949) 640-3640
Alison McCorn-lick, Strada Properties—(949) 640-3639
421 NORTH MAIN STAFET - SANTA ANA * CALIFORNIA - 92701
voycE- (714) 647-2760 *FAX: (714) 667-1650 IFEMAIL; THARNER(gFIRSTAM,COM
���F�irgt American Trust
November 30, 2001
Mr. Tony Melum
City of Newport Beach
Harbor Resources Division
829 Harbor Island Drive
Newport Beach, CA 92660
Re: 111 Via Lido Soud, Newport Beach e -
Dear Mr. Melum:
First American Trust, FSB, as Successor Co -Trustee for the Buccola
Trust, is currently marketing the above referenced property for sale. We
have recently discussed marketing efforts with our real estate sales
representative, Duncan Forgey. Apparently, both marketing efforts and
the value of the property are being affected by the docking of boats at a
neighboring dock site. A
Vi
The neighbor, Jess Mendoza, owns a ho e and appears to be using some
of his dock space for leasing purposes. The boats at his dock obstruct
our property's ingress and egress and they are visually unacceptable. I
am certain you understand the seriousness of this situation in reference
to the value of our property.
At your earliest convenience, please le e know what can be done to
lt 01
-ituation dditionally, due to this unfortunate
correct this unacceptable s,
situation, we find it necessary to request verification from the City of
Newport Beach related to our specific right to dock a 60 to 70 foot vessel
at the property. Should you have any questions, please contact me
immediately.
I look forward to receiving your assistance with this matter. As time is
very critical during this valuable marketing period, please let me know
when the City can provide written verification of our docking rights, as
referenced above.
Thank you in advance for your time and attention.
Sincer I
e ri arner
First American Trust, FSB
Cc: Susan Weir, Myron Schuster, Gail Dennis, Duncan Forgey &, file.
421 NORTH MAIN STREET 0 SANTA ANA 0 CALIFORNIA e 92701
VOICE: (714) 647-2760 9FAX: (714) 667-1650 GEMAIL: THARNER@FIRSTAM.COM
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From:
Arciniega, Patrick
Sent:
Wednesday, July 17,2002 5:23 PM
To:
Melurn, Tony
Subject:
111 Via Lido Soud
Tony -
A realtor came in last week to ask about the ownership of some bayfront land behind 111 Via Lido Soud.
Looking at the aerial photograph it appears that this property (and the neighbors') have encroached into
the bay tidelands. Dick Hoffstadt refered me to you to try and get an answer as to who owns that property
or if the City has any information regarding permits or bulkhead permits etc.
thanks
Patrick Arciniega.
A
CITY OF NEWPORT BEACH
CALIFORNIA
M I T
1�4
No. QtQ11
0
16 1
M�
In compliance with your written request of October 6, 19 58
-oz.
and subject to all terms, conditions and restrictions-writAnNelow or
printed as general, or specidl provisions on any part of this form,
PIMMISSON IS HMEBY GRANTED TO
con,;�.Itrtxet, cory.cret seawall (See Conditions Attached)
'To 2
01C Lots 881 and j of 880P Tr ot 90?
Zubjeot to Approval of the U. 1% C'�_,___ — 1d191rx,,10r$,
in accordance with the plans shown on the drawing attached hereto, entitled
----------------------
SMOT TO THE FOLLOVIING COVDITIONS
General Provisionse
1. Acceptance of Provisionso It is understood and agreed by the
Termittee thaFthe doing of any work under this permit shall conatitute an
acceptance of the provisions.
2. Permit from_OthMAgenciese The party or parties to whom this
Pendt is is ed shall, ATiver a sal is required by law, secure the
1"Itten order or consent to any work hereunder from the Whr Department of
- I -
Liab,ility for Damages: The Permittee is rosponsible for all
1"Aiability for'personal injury or propert
y damage which may occur through
vnt the, City
herein permitted, a� d in the e e any claim is made against
R�
through,
fa
Ncwport Beach or any department, officer or employee thereof,
defend,
ty reason of, or in connection witb such work, permittee shall
I
4 This
ladelnnif y and hold them) and each of them, harmless from such cla-Im.
Pf3rmlt shall not be effective for any purpose unless and
until the above
-each) a surety bond in the
Permittee, files with the City of No port B
r0rM and amount required �y the said City, unl ess specif ic�aily exeml t d on
the face her
00f.
-ure uth-
8. ��,Ir,%tion of' Pormitt if the struct or work herein a
J. JQ
is not comp.ated on or before the day of
this permit ,-,peca
- "A -d- '11P�
11,9- f 'aally-
AW-n ad, sh.,
-ously revoked or
if not previ
5� - ase
'Rnd be niall and void.
F",
'W
the. U, t d States or any other public body having jurisdiction, and this
't shall- be suspended in operation unless anduntil such order or
r
CO.rsent is obtained.
3. Transferring Permit: This permit is not transferable Yrith-
f.",
the written consent of the City Council of the City of Newport Beach.
U
4� Notice Prior t o Starting Work% The Pormittee shall notify
City F ineer at least t:;�rpT, in advance of the. date work is
b gin.and its completion.
e
5 ction: The work shall be subject to the supervision
Inspe
6Y 'd approval of the City Engineer. On work which requires the presence
Cf an employee of the city -of Newport Beach as inspector, the salary and
Nu,
W
�other incidental P,)�p ense of such inspection during the work shall be paid
1by the Permittee upon presentation of a bill therefore.
eauate provisions shal
-ction of Traffic: Ad .1 be made
6. Prote
'for th e protection of the travelling public. Barricades shall be placed
.-on Ith red lights at night, also flagmen employedo all as may
streets, wJ_
DA 'required by the particular,work in progress
M*
The Permittee shall not attempt to forbid the full and free
Aise by the -public of all navigable waters at or adjacent to the work or
ff any work hereby auth-
I.stmeture. If the display of li ghts and signals on
is not otherwise provided by law, such lights and signals, as may
........................
.4rized
bo prescribed by Bureau of I ight Houses, Department of Commerce, shall be
-tt-0
-,tailed and otaintained at the expense of the Permi 0
Liab,ility for Damages: The Permittee is rosponsible for all
1"Aiability for'personal injury or propert
y damage which may occur through
vnt the, City
herein permitted, a� d in the e e any claim is made against
R�
through,
fa
Ncwport Beach or any department, officer or employee thereof,
defend,
ty reason of, or in connection witb such work, permittee shall
I
4 This
ladelnnif y and hold them) and each of them, harmless from such cla-Im.
Pf3rmlt shall not be effective for any purpose unless and
until the above
-each) a surety bond in the
Permittee, files with the City of No port B
r0rM and amount required �y the said City, unl ess specif ic�aily exeml t d on
the face her
00f.
-ure uth-
8. ��,Ir,%tion of' Pormitt if the struct or work herein a
J. JQ
is not comp.ated on or before the day of
this permit ,-,peca
- "A -d- '11P�
11,9- f 'aally-
AW-n ad, sh.,
-ously revoked or
if not previ
5� - ase
'Rnd be niall and void.
F",
Joserh Taylor and fames Kelley
That -the seawall anA the backfill behind the W1 be In
strict acchdance ulth City specifications.
2. That no further improvaments be made on the Pwoperty
ownod by tha Gitywithoul prior consont.of the City,
be jrmated by tho LAS Isle Gammunit;
3, 111hat paralssion t1v
Avoociationp Mose lease agreement with the City requires
them to to accountable to tho City,f'or lv�provmxuents.
-4, That Mro Taylorvwi NO. Kelley agree thatAt Is their
WderstandingAhat tho City amy vne the City owned
property -in the future for phatover uses it We=
desirabipp.popsistent pith the publio:goodj��
I
k
d by
'IF
SIM' ,�LZZ- 17 --
City Engineer
gN
the City Council of the City of Newport Beach, at a meeting
d o
the 22116 day of 100ambor 19
n
It City Clerk
,n�lpt of a copy of the within and foregoing permit is hereby acknomw-
Iged, and in consideration of the issuance of the same, ue hereby
t all toyms, conditions and covenants.
Dated and signed this day of
-A-
,Nlikj.
S E L L E R - oll� I G, ikl A 9,N! 0 R
MRBOR PERM[T
TRANSFER APPLICATION
829 Harbor Islaiid Drive
Newport Beach, CA 92660
**Date of Applicaton: 7/05/2006 PermitNumber:
"Property Address: 111 Via Lido Soud
-Newport Beach, CA 92663
"Buyer's Names: -Matthew J. Whitman and Carla. M. Whitman
Billing Address:
Telephone No.:
Buyer's Signatures:
"Seller's -Names:
Seller's Signatures:
,Joint Owner Signature:
Robert_K. Barth and Suzanne C. Barth
**Escrow Company: MARINERS ESCROW CORPORATION
"Address 1100 Newport Center Drive, Ste. 200, New -port Beach, CA
**Escrow NUMber: 30777 -BF **Fax #: 949-721-2309
Closing Date (Estimate): July 31, 2006
*STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
----------------------
-Inspection-Date: Reinspection Da.te.:_
Fee Paid, Check No:
Application Complete, -
Harbor Resources SignatumlDate
Special Conditions: This PeM7!t iS tP.vocable by the City Council
in accordance with Title 17 of the Newport Boach Municipal Code.
July 20, 2006
Mariner's Escrow Corporation
Attn: Brian F.
Fax 949-721-2309
Re: Pier Permit #173-111
111 Via Lido Soud
Escrow # 30777 -BF
Dear Sirs:
The City of Newport Beach has inspected the above pier and found it to meet
City standards. Once we receive the application signed by the buyer and
seller the pier will be transferred.
Thanks for your help and if you require further assistance in this matter please
call.
Sincerely,
/-414 AM&AIV
Lisa Walters
Harbor Resources Division
MARINERS ESCROW
1100 NEWPORT CENTER DR. SUITE 200 NEWPORT BEACH / CA / 92660 / USA
T 949.640.6040 1 F 949.721.8157 WWWMARINERSESCROW.COM
Date: July 18, 2006
Escrow No.: 30777 -BF
Attn: Harbor Resources Division
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA 92660
Re: 111 Via Lido Soud, Newport Beach, CA 92663
I am enclosing our check in the amount of $424.00, for pier permit transfer application. On July 5, we sent you a
check for the amount of $414.00, that was returned due to shortage on fee.
Please process this application as soon as possible, as we are scheduled to close escrow on July 31, 2006.
Should you have any questions or need any further assistance, please do not hesitate to contact the undersigned.
Thank you.
Mariners Escrow Corf
0"A
INSPECTION FORM
Harbor Resources Department
Date: . '-I I tq JU,
Inspection Requested By: ) �co ,
Inspector: Don Dqffy
Pier Address: I I I Vf 0-- (j db ZD�,,
- ----------- -
Pier Transfer
Reinspection
GFI Present. Yes Need None Needed- Yes Need
Anti-Siph6n Backfiow Present
Other Comments 7
Eelgrass
Yes No
Presentl I I
Pump Out
Pier Location
Yes No
Operationall, I I
Recommended Action
Eiicroachmenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments Observations
Other Request
GRAY DAVIS, Governor
STATE OF CALIFORNIA THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION Plan C�tod-'--,:V:
SOUTH COAST AREA 7C
PO Box 1450
200 Oceangate, 10th Floor
LONG BEACH, CA 90802-4416
(562) 590-5071 Date: February 10, 2003
Permit No. 5-02-394
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number
which was sent to you on January 16, 2003 and was reported to the
Commission on Friday, February 7, 2003 is now fully effective.
Development of your project is subject to compliance with all terms and conditions
specified in the Administrative Permit,
Should you have Ay questions please contact our office.
Sincerely,
PETER M. DOUGLAS
CAExec tivieirlector
Y.
J
By: E I J. Sy
ogr
Coast ogram Analyst
M CALIFORNIA COASTAL COMMISSION
STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Permit Application No. 5-02-394
200 Oceangate, Suite 1000 Date: January 16, 2003
Long Beach, CA 90802-4302 Page 1 of 5
(562) 590-5071
FR 3a
ADMINISTRATIVE PERMIT
APPLICANT: Robert Barth
PROJECT
DESCRIPTION: Replace an existing "L" shaped dock, which includes the removal and
replacement of 3 piles.
PROJECT
LOCATION: 111 Via Lido Soud, Newport Beach (Orange County)
EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any
special conditions, appear on subsequent pages.
NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is
reported to the Commission at its next meeting. If one-third or more of the appointed
membership of the Commission so request, the application will be removed from the
administrative calendar and set for public hearing at a subsequent Commission meeting. Our
office will notify you if such removal occurs.
This permit will be reported to the Commission at the following time and place:
Friday, February 7, 2003
9:00 am
Hyatt Regency Islandia Hotel & Marina
1441 Quivira Road
San Diego, CA 92109
IMPORTANT - Before you may proceed with development, the following must occur:
Pursuant to 14 Cal, Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate
copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return
it to our office. Following the Commission's meeting, and once we have received the signed
acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of
Administrative Permit Effectiveness.
BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU
MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT
EFFECTIVENESS FROM THIS OFFICE.
PETER DOUGLAS
Executive Director
By: Fernie J, Sy
Title: Coastal Program Analyst
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
Mr. Robert Barth
c / 0 Swift Shp
Attention: Beth Swift
2027 Placentia Avenue
Costa Mesa, California 92627
Dear Mr. Barth:
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
January 22, 2003
Reference is made to your request of November 27, 2002 (File No. 200300228-SJH). Under
the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you
are hereby authorized to replace an existing boat dock with no increase in coverage of open water
habitat at Ill Via Lido Soud in Newport Bay, within the city of Newport Beach, Orange County,
California, as shown on the enclosed drawings.
The owner or authorized responsible official must sign and date all copies of this Letter of
Permission (LOP) indicating that he/she agrees to the work as described and will comply with all
conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of
Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached
postcards to notify this office as to the dates of commencement (within 10.4ays prior to the start of
construction) and completion of the activity (within 10 days following the end of construction).
Thank you for participating in our regulatory program.
PERMITTEE 6L01 -414��j
Sincerely,
Mark Durham
Chief, South Coast Section
Regulatory Branch
.afi/ /0
DATE
California Regional Water Quality Control Board
Santa Ana Region 0
Winston Hickox Internet Address: http://www,swreb.ca.gov Gray Davis
Secretatyfor 3737 Main Street, Suite 500, Riverside, California 92501-3349 Governor
Environmental Phone (909) 782-4130 11 FAX (909) 781-6288
Protection
December 4, 2002
Beth Swift
Swift Slip Dock and Pier Builders
2027 Placentia Avenue
Costa Mesa, CA 92627
PROPOSED REPLACEMENT OF FLOATING DOCK, ROBERT BARTH, Ill VIA LIDO
SOUD, NEWPORT BEACH, ORANGE COUNTY
Dear Ms. Swift:
If standard dock construction methods and materials are utilized, this project should not adversely
impact water quality. A statement has been submitted that there will be no waste discharged from
the proposed project, Based on these assurances, clearance is provided.
However, should the Army Corps of Engineers deten-nine that this project requires a Section 404
permit, it will be necessary for the project proponent to obtain from this Board a Water Quality
Certification under Section 401 of the Clean Water Act.
Should you have any questions, please contact J. Shami at (909) 782-3288.
Sincerely,
kartiltez, Jr. / , A.E.
�ci 1�10 Section
cc: California Coastal Commission, Long Beach
Army Corps of Engineers — Erik Larsen
City of Newport Beach, Marine Department - Tony Meller
JISNutagl6llet
California Environmental Protection Agency
01 Recycled Paper
WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION
(9 CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
PI FARF PRINT t -IR TVPF
1. PROJECT ADDRESS (NOT N�AILING ADDRESS)
FLOOR
SUITE NO.
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KEN BRITTINGHAM
KEN BRITTINGHAM, REALTOR
2400 WEST COAST HIGHWAY, SUITE 10 (714) 548-6333
NEWPORT BEACH, CALIFORNIA 92663 RESIDENCE 646-0911
GEORGE T. DUSSIN-PRESIDE.
DUSSIN INVESTMENT COMPANY
2668 BAYSHORE DRIVE
NEWPORT BEACH, CALIE 92663
PHONE: 714/631-0647
P
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
F0
April 30, 1991
Residential Escrow
120 Newport Center Drive
Ste 160
Newport Beach, CA 92660
Escrtow 12873ms
Sirs:
Regarding a pier permit transfer for the property located at 111
via Lido Soud, Newport Beach, City Pier Permit No. 173-111:
The facility was inspected on April 29, 1991 at which time it was
determined that it conforms to City standards.
When we have received the pier transfer card, signed by both the
previous owner and the new owner and the $275 transfer fee, we will
transfer the pier permit.
Sincerely,
Tony Melum
Tidelands Administrator
3300 Newport Boulevard, Newport Beach
STATUS SHEET
HARBOR PERMIT TRA14SFER
LOCATION /�/
6,a7
PERMIT NO.
Sel I er U<6 in 4 k�) uyer'3hA,,--j
A 4A
CO +M�,� - 7
CaRu_� I VU -Ext C (_ 0 1 C�,_
Cate Application Received: Date Fee Received:
Request for Inspection made by:
Escrow Co./' -7 h 1)]2..[
Escrow,Office.r f�)OLf A Escrow No._1AtLAUa
Address /,ZD
_L(&Phrne: U It) 2-
(I tt 0
Date Inspection made:-----'—'-,
Deficiency Letter sent: Deficiency corrected:
Transfer completed: — Date
Inspection:
1. Location
2. Plumbing:
3. Electrical:
4. Structural:
5.OTHER:
REMARKS:
Inspected by!
P()
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
December 18, 1990
Bob Cornelius
107 via Lido Soud
George Dussin
111 via Lido Soud
Marie White
113 via Lido Soud
Mr. and Mrs. Adolph Acosta
117 via Lido Soud
Ray Vincenti
119 via Lido Soud
Re: Failing bulkhead bayward of 111 and 113 via Lido Soud
Dear Harbor Permittees:
In April 1987 1 corresponded with several of the above harbor
permittees regarding the failure of the seawall adjacent to the
Lido Island Bridge, which seawall was built by previous owners of
adjacent waterfront property. The purpose of this bulkhead was to
facilitate the construction and maintenance of private piers
bayward of the above addresses. It was the City's opinion at that
time, and it is still City opinion, that the responsibility for
maintenance of this seawall falls on those permittees.
In that regard, the purpose of this letter is to advise you that it
has been some time since our last correspondence on this'matter,
and now is the time to economically repair that wall. If the wall
should fail, the cost of repairs would be be *several times the cost
of repairs made now, prior to wall failure.
It is my understanding that several property owners have come up
with a plan to repair the wall and are nearly ready to seek permits
f rom the City. I recommend that all interested parties come
forward as quickly as possible to resolve this matter and repair
the wall immediately.
If you have questions please call me at 644-3044.
Sincerely,
Tony Meldm
Tidelands Administrator
3300 Newport Boulevard, Newport Beach
"Ie
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BUYERS' NAME(S)
-------
Firs,t Interstate
ADDRESS OF FACILITY-
Bank ca if #
III.Via Lido 8oud��
TELEPH PNEINO. FEE CHECK No. DATE
APPLICATION IS HEREBY MADE TO TRANS-FER HARBOR PE_
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CITY OF NIEWPORT WX FORM 69.1013 REV.
IJESIDENTIAL ESCROW CORPORATION
ESCROW TRUST ACCOUNT 569-7
Escrow No.: 12873MS
08/01/91
Funds due you
Reference: Ill Via Lido Soud
Newport Beach, CA 92663
Sel ler: George T. Dusat'D
Buyer: Catherine C. Buccola, Co -Tr
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ESCROW TRUST ACCOUNT 569-7
Escrow No.: 12873MS
08/01/91
Funds due you
Reference: Ill Via Lido Soud
Newport Beach, CA 92663
Sel ler: George T. Dusat'D
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CALIFORNIA COASTAL C ION
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LONG SIACM, CALIFORNIA VOID) September 10, 1980
(213' M3071 (714) $460641
NOTICE OF PUBLIC HEARING
Puisuant to order of the California Coastal Commission, notice of
public hearing is hereby given.
Said public hearing is scheduled on the September 22, 1980
Agqnda for application for permit, number A-80-7210
as submitted by(',— n*
I Luis Barre echea:::)
The subject request- is to permit. Demolish an existing private boat dock.
on Licla--TsIp.
Newnort Bay-
New Docks
includes
insignificant
design
changes.
Corp.-nf EnRineers-
RWQCB
and local approvals
given. State
Lands
approval not
necessar;z-
at 111 Via Lido Soud
Newport Beach, CA
Said agenda public hearings will commence at
on September 22, 1980
at Huntington Beach City council Chambers
2000 I -lain Street, Huntington Beach, CA
9:00 a.m.
During which time all persons either favoring or opposing the
application will be heard. Testimony should be related to issues
addressed by the California Coastal Act of 1976. Any written corres-
pondence regarding the application should be directed to this office
prior to the hearing date.
All interested individuals who wish additional information may con -1
tact this office.
M. "J. r'pe e r
Executive Director
FOR APPLICANT ONLY .....
COPY OF THIS NOTICE IS TO BE POSTED ON SUBJECT PROPERTY
MARINE DEPARTMENT
August 25, 1980
TO: MAYOR AND CITY COUNCIL ITEM NO.:
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATION #173-111 BY LUIS BARRENCHEA TO
REVISE A RESIDENTIAL FLOAT AT 111 VIA LIDO SOUD
Recommendation:
If desired, approve the application subject to:
1. Approval of U.S. Army Corps of Engineers.
2. Approval of South Coast Regional Coastal Zone Conservation Commission.
3. That no vessels be permitted to be moored to the south side of the
revised float.
Discussion:
The prior approval of the City Council is required on this application because:
1. The proposed revision does not conform to the standard Harbor drawings.
The applicant wishes to revise the existing structure which currently consists of
a "U" shaped float. The north side of the "U" which is 80' long, will be removed.
The south side will be extended 20'. The revised structure will be an "L" shaped
float with one finger 70' long.
This new configuration will allow easier access to the float at 111 Via Lido Soud.
The property owner at this location has agreed with Condition No. 3 in the recom-
mendation. This will improve the access to the float at 113 Via Lido Soud and re-
duce congestion in this area of the Harbor.
D. HARSHBARGER, DIRECTOR
MARINE DEPARTMENT
Tony
Tidelands Administrator
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,,XVlTV-0F NEWPORT BEACH
HARBOR PERMIT
PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND
MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF,
AT THE SITE INDICATFD, SUBJECT TO THE Pp.OvjSIONS OF
THE HARBOR PERMIT POLICIES OF NEWrjOjT BEACH ANE
ANY SPECIAL CONDITION�; LiSTErj HEREON. Tins PERMIj
IS NOT TRANSFERABLE �X'THOUT 164F. W;jITTEN CONSENT Of
THE CITY HARFOR CoOlIDUNATOR OIR CITY COUNCIL. THi
RIGHTS GIVFrJ UNDZUR THIS PERMIT ARE PERMISSIVE ONLI
AND THIS PLUMIT MAY BE RLVOKErj LIV THE CITY COUNCIL
IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE.
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C"T HAMSOR COORff-l—NAf—OR
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SPECIAL CONDITIONS:
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Orange County Permit
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STATE OF CALIFORNIA, EDMUND G. MOWN JR., Govermr
CALIFORNIA COASTAL COMISSION
SOUTH COAST REGIONAL COMMISSION
666 E. OCEAN BOULEVARD, SUITE 3107
P.O. BOX 14M COASTAL DEVELOPMENT ADMINISTRATIVE PERMIT
LONG BEACH, CALIFORNIA 90B01
(213) 590-5071 (714) 8464)648
Application Number: A-80-7210
Name of Applicant: Luis Barrgnechea
111 Via Lido Soud, NeLmor:L Beach. CA 92663
Dev(.-lopment Location: III Via Lido Sojud
Newport Beach, CA
Development Description: pemolish an ey' in _mr_iyate boat dock and ram) and
construct a new 70' private dock on Lido Isle-, Newpor _B
cludes insign*fignnt Hpsign ohanges. Corp of Engin-eer-s—R—WOLB
I. The Executive Director of the South Coast Regional Commission hereby grants, subject to
condition(s), a permit for the proposed development, on the grounds that the development
as conditioned will be in conformity with the provisions of Chapter 3 of the California
Coastal Act of 1976, will not prejudice the ability of the local government having juris-
diction over the area to prepare a Local Coastal Plan conforming to the provisions of
Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the
environment within the meaning of the California Environmental Quality Act.
II. Conditions: None
Conditions met on By
III. This permit may not be assigned to another person(s) except as -provided in Section
13170 of the Coastal Commission Rules and Regulations.
IV. This permit shall not become effective until: I
A. Completion of the Regional Commission review of the permit pursuant to the notice
of public hearing.
B. A copy of this permit has been returned to the Regional Commission, upon which copy
all permitees or agent(s) authorized in the permit application have acknowledged
that they have received a copy of the permit and have accepted its.contents.
V. Any development performed on this permit prior to the review by the Regional Commission
is at the applicant's risk and is subject to stoppage upon completion of the review
pending the Regional Commission's approval and/or completion of any appeal of the
Regional.Commission's decision.
VI. Work authorized by this permit must commence within two years from the date of approval.
Any extension of time of said commencement date must be applied for prior to expiration
of the permit.
I,
Approved on Se:ptember 1_9 , 198 0
M. J. Carpenter
Executive Director
permittee/agent, hereby acknowledge receipt of
Permit Number -80-7210 and have accepted its contents.
(Date)
(Signature)
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By:
ARY PIERCE
April 6, 1987
George Dussin
111 Via Lido Soud
Jack E. White
113 Via Lido Soud
Re: Bulkhead bayward of 111 and 113 via Lido Soud
Dear Mr. Dussin and Mr. White:
On December 29, 1958 the City of Newport Beach granted a permit to
Joseph Taylor and James P. Kelly to construct a private concrete
sea wall bayward of their houses at 117 and 111 Via Lido Soud.Your
properties have been created out of subsequent subdividing at
those addresses.
The sea wall was built to facilitate the construction of private
docks on City property and permitted to the owners of Lots 881 and
882.
A recent survey of the seawall that was built under this permit
has indicated that it is tilting seaward due to decreasing
elevation of the supporting soil in front of the bulkhead and to
the close proximity of anchor blocks to the bulkhead. The result
of the tilting is that the joints between the bulkhead panels are
opening up thus allowing sand under the sidewalk to migrate in to
the bay.
Because you are successors to the permittees who originally
constructed this bulkhead, and because its sole purpose was to
facilitate the construction and maintenance of private piers for
which you are the permittees, the City is looking to you to make
the repairs necessary to remedy the problems outlined above. These
repairs are the responsibility of the private permittees as
discussed in Section 4.H. of the Newport Beach Harbor Permit
Policiesi which states:
4.H. "Repairs: The Permittee shall keep the structures in
good repair at all times. Failure to repair, when written notice
has been given by the Marine Department, shall be cause for the
revocation of the permit."
3300 Newport Boulevard, Newport Beach
The City of Newport Beach has hired an engineering cons-ultant who
has prepared recommendations for the repair to the seawall. Please
contact me at the Marine Department, telephone 644 3044, so that
we can discuss these recommendations and yours for this necessary
seawall repair.
Sincerely,
- 1A
Tony Me' AAide-11'ands�Administrator
171,
P()
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
March 18, 1987
Dear Balboa Island Property Owner:
Re: South Bay Front Bulkhead between Emerald and Park Avenue
The above bulkhead, built in the 1920s, has been slowly tilting
seaward
over the past few years. The result of the tilting is that joints
between the three foot wide bulkhead panels are opening up and
allowing sand under the bayfront walkway to migrate into the bay
and cause the walkway to settle. Sea water then flows through the
open bulkhead joints and floods the walkway during high tides.
Remedial measures to resolve this problem have been taken over the
past six years, but have been in vain.
The City has employed consultants to perform field explorations
and to report on recommendations to repair the bulkhead. Thei r
report has suggested two methods which have been considered
practical for use at the site.
Both of these repair alternatives will have an impact on the docks
bayward of the bulkhead along the stretch between Emerald and Park
Avenues. For that reason, the City is scheduling a meeting to
discuss the alternatives and to apprise the affected property
owners of future plans.
The meeting will be held at the Carroll Beek center on Balboa
Island on
If you have questions prior to the meeting please contact me at
644-3044.
Sincerely,
Tony Melum, Tidelands Administrator
3300 Newport Boulevard, Newport Beach
0 CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
/-I F 0 F04
March 18, 1987
George Dussin
111 Via Lido Soud
Jack E. White
113 Via Lido Soud
Re: Bulkhead bayward of 111 and 113 via Lido Soud
Dear Mr. Dussin and Mr. White:
On December 29, 1958 the City of Newport Beach granted a permit to
Joseph Taylor and James P. Kelly to construct a private concrete
sea wall bayward of Lots 881 and 1/2 of Lot 880. Your properties
have been created out of subsequent subdividing of those lots.
The sea wall was built to facilitate the construction of a private
dock bayward of City property and permitted to the owners of Lots
881 and 882.
A recent survey of the seawall that was built with this permit has
indicated that it is tilting seaward due to tie rod corrosion and
the close proximity of anchor blocks to the bulkhead, as well as
decreasing elevation of the supporting soil in front of the
bulkhead. The result of the tilting is that the joints behind the
bulkhead panels are opening up thus allowing sand under the
sidewalk to migrate into the bay.
Because you are successors to the permittees who originally
constructed this bulkhead, and because its sole purpose was to
facilitate the construction and maintenance of private piers for
which you are the permittees, the City is looking to you to make
the repairs necessary to remedy the problems named above. These
repairs are the responsibility of the private permittees as
ouitlilned in Section 4.H. of the Newport Beach Harbor Permit
Policies, which states:
4.H. "Repairs: The Permittee shall keep the structures in
good repair at all times. Failure to repair, when written notice
has been given by the Marine Department, shall be cause for the
revocation of the permit."
Please contact the Marine Department so that we can discuss how
repairs to the bulkhead should proceed.
Sincerely,
Tony Melum, Tidelands Administrator
3300 Newport Boulevard, Newport Beach
March 9, 1987
TO:
FROM:
SUBJECT:
CITY OF NEWPORT BEACH
Marine Department
LLOYD DALTONr PUBLIC WORKS
Tony Melum, Marine Department
BULKHEAD REPAIR ON BALBOA ISLAND AND
ON LIDO ISLAND
1. Bulkhead repair on Balboa Island:
The Harbor Permit Policies and the Newport Beach Municipal Code
give the City authority, based on the sections quoted below, to
ask the Harbor Permittees to remove the docks at their expense
during bulkhead repair on Balboa Island. The appropriate sections
of the policies are 4.A. and 4.G.
4.A. "Acceptance of Provisions: It is understood and agreed by
the Permittee that the doing of any work under the permit shall
constitute an acceptance of all the provisions."
4.G. "Revocation of Permit: The rights given under this permit
are permissive only and the City of Newport Beach reserves full
right, power and authority to revoke this permit at any time. In
the event the Permittee fails to remove said works within the time
specified, then the Mardine Safety Department shall have the right
to immediately remove same at the cost and expense of the
Permittee."
The applicable sections of the Municipal Code are 17.24.090 (2)
and 17.24.100.
17.24.090 " Revocation of Permit A.GROUND FOR REVOCATION. Any
permit heretofore or hereafter granted foir any structure or work
in the waters of Newport Harbor or the Pacific Ocean may be
revoked by the City Council upon any of the following grounds:
2. The work or structure is detrimental to the use, operation or
development of the Harbor."
17.24.100 " Structure Without Permit Declared a Nuisance.
Abatement. Every structure maintained in or over the waters of
Newport Harbor or the Pacific Ocean without a valid permit
existing therefor when required by this Chapter, or maintained in
a manner or for a purpose other than or different from that
provided in the permitim shall constitute a nuisance and shall be
immediately abated and may be removed. If upon written notice to
remove any such structure the owner thereof fails, refuses or
neglects to do so within a reasonable time specified in the
notice, being not less than five (5) or more than thirty (30) days
after such notice, the City shall abate or remove it and the cost
thereof may be recovered from the owner of such structure in a
civil action."
The line of reasoning would go something like this:
The subject bulkhead repair is necessary for "the use, o eration
and development of the harbor". The floats and piers in tKis area
are detrimental to the above and must be removed. The City has
the power under the,above sections of the Municipal Code to revoke
the permits and look to the Harbor Permittee for the cost of
removal.
Therefore, the the City should revoke the permit and request that
the structures be removed. If the affected permittees cooperate,
the City will grant new permits for the reinstallation of the
floats once the repair work is completed.
2. Lido Island bulkheads:
The controlling sections of the Harbor Permit Policies and the
Newport Beach Municipal Code are as follows:
4.A. (see above)
4.H. "Repairs. The Permittee shall keep the structures in good
repair at all times. Failure to repair, when written notice has
been given by the Marine Department, shall be cause for the
revocation of the permit."
17.24.090 (5). "Revocation of Permit. GROUNDS FOR REVOCTION.
Any permit heretofore or hereafter granted for any structure or
work in the waters of Newport Harbor or the Pacif ic Ocean may be
revoked by the City Cousncil upon any of the following grounds:
(5) The work or structure has fallen into a state of disrepair."
In this case the permittees should be put on notice that repairs
are necessary regarding the private bulkhead. If repairs are not
begun to the satisfaction of the City, within a certain time, the
City can do one of the following:
A. Revoke the permits for the docks and bulkheads and do
whatever repairs are necessary to stabilize the area and then look
to the property owners for reimbursement.
B. Put the property owners on notice and do nothing. This
recommendation is based on -the fact that the improvements in
question are private and their failure posses no threat of
liability or damage to public property.
C. Pay for the necessary repairs.
The above has been reviewed in concept with the Tideland Affairs
Committee. Althouigh they did not approve the specifics, they did
agree that in both cases.the property owners should bear the
costs.
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RIGHTS GIVEN UNDER THIS PERMIT ARE PERPfilSSIVE ONL)
AND THIS PERMIT MAY BE REVOKED By THE CITY COUNCIL
IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE.
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STATUS SHEET
HARBOR PERMIT TRANSFER,
_7
PERMIT NO.
LOCATION
U
-AB
Seller yer
Date Application Received: Date Fee Received:
Request for Inspection made by:
Escrow Co. Date
Escrow Of f i cer— Escrow No.--.—('.�' k�-
Address Phone:
Date Inspection made:
Deficiency Letter sent: Deficiency corrected:
Transfer completed: Date
Inspection:
1. Location
A "CIA
2. Pq.umbing: Ad
3. Electrical:
4. Structural: OXIL
5.OTHER: ke
REMARKS:
4o
Inspected by:
/V�6
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DATE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT APPROVED
PUBLIC WORKS DIRECTON
R.E. No.
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CITY OF NEWPORT BEACH DRAWN7 =I, DATE
PUBLIC WORKSYDEPARTMENT APPROVED
PUBLIC WORKS DIRECTOR
low
R.E. NO.
VIA [TRAWING NO.
BUYERS' NAME(S)
ADDRESS OF FACILITY: ERMIT #
T.
MAILING ADDRESS
TELEPHONE
_E CHECK NO
D ATE
APPROVED BY: PATE
APPLICATION IS HEREBY MADE TO TRANSFER HAR PERMIT
OCHD El
1310.6"rvo,
E N G -o
SELLERS' NAME(S) BUYERS' NAME(S)
(ABOVE NA�ES TO BE TYPED)
COUN CIL
PUBLIC WORKS
SIGNATU Rg, OF SELLER SIGNATURE OF BUYER
DEPT.
ESCROW El
SIGNATURE OF SELLER Si�NATURE OF BUYER
FJ
INSPECTION
SIGNATURE OF JOINT OWNER
APPLICATION APPROVED "(DATE)
El
I CITY HARBOR COORDINATOR
SPECIAL CONDITIONS: THIS PERM
OF THE MUNICIPAL CODE. IT IS REVOCABLE BY THE CITY COUNCIL IN �CCORDANCE WITH TITLE 17
CITY OF'NEVVPORT BEACH, CALIF. WX FORM 04-1013 REV.
RESIDENTIAL ESCROW CORPORATION
AND RETAIN THIS STATEMENT
THE I
IF NC
,DETACH
HED CHECK IS IN PAYMENT OF ITEMS OESCRISED BELI
I RRECT PLEASE NOf]F�1' US PROMPTLY. NO RECEIPT DESM
DELUXE FORM'WVO-4 SPL N-224
DATE
DESCR4,PTION
A MOUNT
05/23/86
Property: 111 Via
Lido Soud
Newport
Beach- California
ESCROW`�NO.
�EIHEIMS
$**230.00**,�
Funds due you
Payment of PiG-r,,Slip
Transfer for
111 Via Lido Soud,
Newport Beach, Ca...
Buyer: George,& Susan
Dussin
N-224
October 27, 1986
CITY COUNCIL AGENDA
ITEM NO. F-11
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: APPLICATION TO RELOCATE EXISTING CHAIN LINK FENCE AT LIDO ISLE BRIDGE
RECOMMENDATION:
Approve the application.
DISCUSSION:
The Lido Isle Community Association has requested permission to remove
the existing chain link fence on the north side of Via Lido at the bridge
entrance to Lido Isle (on the island side) and install a new six -foot -high,
vinyl -dipped chain link fence out of view from the street (see attached sketch
and letter from Lido Isle Community Association).
Council Policy L-6, "Private Encroachments in Public Rights -of -Way"
provides that the prior approval of the City Council and a permit from the
Public Works Department are required for any structural encroachment which
encroaches in excess of one foot into the public right-of-way, or exceeds three
f in height d from the top of the curb.
B j min B. Nolan
eni ml n B.
Public Works Director
IM:jd
Att.
4%b
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cv,
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xx
lido isle
community OCT I
-A CITY G�
association
701 VIA LIDO SDUD, LIDO ISLE NEWPORT BEACH, CA 92663
TELEPHONE (714) 673-6170
October 10, 1986
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Attention: Lloyd R. Dalton, Design Engineer
Subject: Relocation of fence at Lido Isle Bridge
Dear Mr. Dalton:
In response to our telephone conversation today, I would like to
advise the City of Newport Beach in writing of the intent of the
Lido Isle Community Association to remove the existing chain link
fence on the north side of via Lido at the bridge entrance to Lido
Isle (on the island side). our plan is to install a new green
vinyl dipped chain link fence out of view from the street.
As you are aware, Mr. Dalton, after our many conversations,
correspondence and our recent meeting on October 1, 1986, the Lido
Isle Community Association would like to proceed with this with the
full blessing of the City of Newport Beach. We feel that this
investment of our dollars will enhance the beauty of Lido Isle and
Newport Beach.
if the City has any provisions and/or restrictions with regard to
this project, we would appreciate your advising us. I will look
forward to our meeting at the site, on Friday, October 17, 1986.
BEA: jry
cc: LICA Board of Directors
a non-profit cooperative organization of all lido isle property owners
SUBJECT: LIDO ISLE BULKHEAD REPAIR NORTH OF VIA LIDO (C-2526)
DISCUSSION:
The current budget contains an appropriation for repairs to a 90 -foot section of
Lido Isle bulkhead parallel to and north of the easterly approach . to the Lido
Isle bridge. The bulkhead of concern was built by private contractors to create
.a berthing site for their boats. The construction was performed under a 1958
permit to two adjacent homeowners (copy attached).
The bulkhead problem was brought to the City's attention by homeowners whol, in
1985.' noticed settlements in an adjacent sidewalk as shown in the attached
Existing Section. City crews then performed a field examination to determine
the condition of the support system for the bulkhead. We discovered that (1)
the support system tie rods had severely corroded and reduced in section
diameter, (2) the tie rod -anchor blocks were located too close to the bulkhead,
I
and (3) the elevation of the supporting soil in front of the bulkhead is
decreasing, probably due to nearby boat slip dredging.
In 1985, the City retained consultant services of Cash and Associates Engineers
to prepare a report of how to resupport the bulkhead.
Cash's report confirmed the City's opinion that the bulkhead is tilting seaward�
due to tie rod corrosion, close proximity of anchor blocks to the bulkhead, and
decreasing elevation of the supporting soil in front of the bulkhead. The
result of the tilting is that joints between bulkhead panels open up, thus
allowing sand under the sidewalk to migrate into the bay and causing the
sidewalk to settle. The sidewalk has recently been removed by City forces
because of sand loss and sidewalk upheaval.
The report also recommended two methods which would be practical to resupport
the bulkhead .... a new tie rod -anchor block system and an earth anchor system.
I
Page 2
Both methods require the placement of a two -foot -thick blanket of armor rock in
front of the bulkhead as indicated on the attached proposed section. Nearby
boats and floats will have to be removed and transported to a temporary site to
permit the rock placement. After the rock is in place, the floats could be
restored to their former location. The boats could no longer be situated be-
tween the float and the bulkhead since the boats would be resting on the rock
during low tides.
I
The estimated construction cost of the less expensive method of bulkhead sup-
port, the tie rod -anchor block system, is $65,000 plus boat and float relocation
cost S.''
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0 CITY OF NEW PORT BEACH
*March 4, 1986
Residential Escrow
1470 Jamboree Road
Newport Beach, CA 92660
Escrow No: .8128 PIS, Attn: Jan
Dear Sir:
The City.-Qf Newport Beach has received an application to transfer
pier permit # 173-111 for the property located at 111.Via Lido Soud
Newport Beach, California.
The structure was inspected on 2/26/86- at which time it was determined
that the following deficiencies 6xi§t:
tive) device is required
1. 1 A City approved anti' syphon (Be�ckflow Preven
at the water connection to the dock.
2. A weather resistant electrical receptacle -outlet ts required next to
the piling on thefloat.
3.
,I I
5.
In accordance with Section 10-D of the City Harbor Permit Policies:
"All structural deficiencies must be corrected......", it will be
necessary for these to be corrected. A permit for any electrical or
plumbing work must be obtained from the Building Department.of the City.
All other work requires a Harbor Permit.
Please advise this department when the above deficiencies have been corrected.
Another inspection will be made, and if the deficiency is solved, it will
then be possible to transfer the pier to the new owner.
If you have any questions, please contact me at 644-3044. Thank you
for your cooperation.
Sincerely,
Ozwo"
Tony Mel m,
Tidelands Administrator
uIty I Iall - 3300 Ne\%,poi-t B011 4,va"d
N (,\%- 1)( )1-1 lic;1ch. Calilm-nla 92663
PO
F0 Ft
CITY OF NEWPOR r F BEACH
*6/6/86
G. Dussin
111 Via Lido Soud
Newport Beach, CA 92663
Dear Si r:
The City of Newport Beach has received an application to transfer
pier permit # 173-111 f6r the property located at Ill Via Lido Soud
Newport Beach, California.
The structure was inspected on 6/6/86 at which time it was determined
that the following deficiencies exist:
1. The water connection to the pier and float must have a City -approved
anti-syphbn (Vacuum Breaker) device. We enclose a drawing showing
2. an acceptable installation.
3.
4.
5.
In accordance with Section 10-D of the City Harbor Permit Policies:
"All structural deficiencies must be corrected......", it will be
necessary for these to be corrected. A permit for any electrical or
plumbing work must be obtained from the Building Department.of the City.
All other work requires a Harbor Permit.
Please advise this department when the above deficiencies have been corrected.
Another inspection will be made, and if the deficiency is solved, it will
then be possible to transfer the pier to the new owner.
If you have any questions, please contact me at 644-3044. Thank you
for your cooperation.
Sincerely,
Tony Mel m,
Tidelands Administrator
city I Lill - 3300 Ncwporl� Botdcval-d
i
Ncw1u )ri licach. 92663
P
CITY OF NEW PORT BEACH
*March 4, 1986
Residential Escrow
1470 Jamboree Road
Newport Beach, CA 92660
Escrow No: .8128 MS, Attn: Jan
Dear Sir:
The City.9f Newport Beach has received an application to transfer
pier permit # 173-111 for the.property located at 111 -Via Lido Soud
Newport Beach, California.
The structure was inspected on 2/26/86- at which time it was determined
that the following deficiencies exist:
y approved antf-syphon (aack-flow Preventi've) devi,ce is required
�.at the water connection*to the dock.
2. A weatherres4stant electri'cal receptacle.outle.t ts,required next to
the piling on the'float.
3.
LIP
5.
In a�c -'rdance 'With Section 10-D of the City Harbor Permit Policies:
Q .
"All structural deficiencies must be corrected......", it will be
necessary for these to be corrected. A permit for any electrical or
plumbing work must be obtained from the Building Department.of the City.
All other work requires a Harbor Permit.
Please advise this department when the above deficiencies have been corrected.
Another inspection will be made, and if the deficiency is solved, it will
then be possible to transfer the pier to the new owner.
If you have any questions, please contact me at 644-3044. Thank you
for your cooperation.
Sincerely,
/*7Tony Mel m,
Tidelands Administrator
Oty Hall - 3300 Newpoi-i ljoulcvard, Ncwport Beach. C.Aillorma 92663
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
October 14, 1986
M.R. White
113 Via Lido Soud
Newport Beach, CA 92663
Re: Harbor Permit 173-113 at 113 Via Lido.Soud
Dear M. R. White:
On September 8, 1986 the City of Newport Beach Marine Department
contacted you regarding a complaint about the use of your
residential float at the above address. As of this date, the
boats causing the problems that were the subject of the above
complaint have not been relocated.
If this situation is not corrected within ten'(10) daysJrom the
date of this letter it will be necessary for us to turn this matter
over to the City Attorney's office for follow-up.
If you have questions in this regard, please contact.me at 644-3044.
Sincerely,
T o y 71 0 4�
Tidelands Administrator
TM: db
3300 Newport Boulevard, Newport Beach
/ 7_3—/((
0.
> CITY OF NEWPORTBEACH.
r)
U
YON
OFFfCE oF'rHE C[TY ATTORNEY
(714) 640-2201
January 24, 1977
Mr. Anthony A. Piazza
George Elkins Company
881 Dover Drive, Suite 1
Newport Beach, California 92663
Re: 113 Via Lido Soud
Dear Anthony:
After your visit of January 20, 1977, 1 had an opportunity to
talk over the pier permit problem you presented with the
Marine Director.
Because of the lot configuration in that particular part of
Lido Island there is a certain degree of ambiguity regarding
the extent of claimed water rights.as they.relate to the
adjoining lots.
Rather than entering into a rambling discuasion of what rights
may be I feel it would be best that I ask you to specifically
and in writing identify the question you desire to have
answered by staff. Because of the complexity ofthe situation
we feel that we have to ask for a written question so precise
research and response can be forthcoming.
We hope that the matter may be resolved at a staff level upon
receipt of an indication of the precise question being asked.
I am sending a copy of the pier permit diagram that shows the
area in question. This may assist you in analyzing the
situation from your point of view and preparing your inquiry.
I am sorry that we have to become so formal in regards to this
matter, but we feel without the formality a good deal could
be lost in translation and your question may not be properly
addressed and responded to.
Ver ul y S,
'OF I
s S ant C t torney
HRC:yz
cc: David Harshbarger
Marine Department
Cit�, I lall 3300 Newport Botile�,ard, Newpoi-t Beach, Cal)'101-111a, 92663
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.4AWV.,eq Y
April 8. 1960
MAP
Lido Isle Community Association
701 Via Lido Soud
Newport Beach, California
Gentlemen:
At a regular meeting of the Joint Harbor
Committee hold on April 5, 1960, the application of
Lyle Harbour to construct a concrete sea wall bayward
of Lots 879 and $80 was approved, subject to the ap-
proval of the Lido Isle Community Association.
Enclosed is a plan showing the location of
the proposed wall (shown in red) and also a rearrange-
ment of the existing slips in the general area. Mr.
Harbour# Mr. J. P. Kelly and Mr. Joseph Taylor$ owners
of property as indicated on the plang have all approved
the plan.
I would appreciate the Committee's consider-
ation of this matter at Its next meeting.
Youn very truly,
J. B. WEBB
JBW:M City Engineer
Enc.
District Engineer R E C F I V E D
US Army Engineer District, Los Angeles
PO lax 17277, Foy Station
Los Angeles 17, California APR I s5 19GO
PUBLIC WORKS DEPT.
COUNCILMEN �'_TY OF NEWPORT Es.—,ACH
MINUTES
1�
August 25, 1980
14. TRAFFIC SIGNAL MODIFICATIONS ON IRVINE AVENUE AT
UNIVERSITY DRIVE AND AT MESA DRIVE (C-2040) -
Acceptance of the work; assessment of liquidated
damages in the amount of $5,400; authorization to
the City Clerk to file a Notice of Completion; and
authorization to the City Clerk to release the
bonds 35 days after the Notice of Completion has
been filed. (A report from the Public works
Department)
15. BIG CANYON RESERVOIR RESTORATION (C-2173) - Ap�rov-
al of the plans and specifications; and authori-
zation to the City Clerk'to advertise for bids to
be opened at 10:30 a.m.,Se-ptember 11, 1980. (A
report from the Public Works Department.
16. Removed from the Consent Calendar.
17. HARBOR PERMIT APPLICATION - Approval, subject to
the conditions listed in the staff report, of the
Harbor Permit application No. 173-111 of Luis
Barrenchea to revise an existing slip at 111 Via
Lido Soud. (A report from the Marine Department)
18. MAINTENANCE DREDGING HARBOR PERMIT - Approval of
the following applications for maintenance dredg-
ing harbor permit,s, subject to the conditions of
.approval listed in the general permit issued to
the City by the Corps of Engineers: (A report
from the Marine Department)
256-1000 City of Newport Coral Ave. Street End
Beach
Robert J. Lancaster 209 Edgewater
105-109 Howard S. Martin 109 Bayside Place
19. BUDGET AMENDMENTS - For approval:
20.
INDEX
TrfSig/Irv/Un
Mesa Dr
(C- 2040)
(38)
IBCResRest
I(C-2173)
(38)
Harbor Permit
(51)
Harbor Permit
(51)
BA -013, $25,000.00 for professional services,
BA,
training, field surveys, and testing in connection
(25)
with the City oil wells in West Newport, from
Unappropriated Surplus to oil, Services -Profession-
al, Technical, etc., Tide and Submerged Lands
Fund. (A report from the Utilities Department)
HOAG HOSPITAL REQUEST - Approval of proposed reply
from
Hoag Hosp.
the City Manager to a letter from Hoag Memori-
(73)
al Hospital Presbyterian requesting waiver of the
60 -day notice. (Attached)
ITEMS REMOVED FROM THE CONSENT CALENDAR:
A letter from the West Newport Beach Improvement
!GP
Association requesting a specific area plan for 1(45)
Cannery Village/McFadden Square area, was presented
Volume 34 - Page 212
Y OF NEWPORT BE. -CH �
COUNCILMEN
ROLL CA L Au5zust 25, 1980
MINUTES
IN] np y
77 REQUEST TO FILL PERSO ' NNEL VACANCIES - For approval: Personnel/Vac
(A report from the City Manager) (66)
(a) One Equipment Operator I, General Services
Department, to fill a vacant position.,
(b) One Steno Clerk II, Traffic and Parking -
Public Works Department, to fill a vacant
position.
(c) One Secretary, Current Planning - Planning
Department, to fill a vacant position.
(d) One Refuse Crewman, General Services Depart-
ment, to fill a vacant position.
(e) One Water Plant Supervisor, Utility Depart-
ment, to fill a position to be vacated.
(f) One Water Meter Man, Utility Department, to
fill a vacant position.
8% STAFF REPORTS: - None.
9. PUBLIC HEARING SCHEDULING: None.
10. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE - Accep- BTCAC/Resig.
tance of the resignation of Betsy Mackenzie with (24)
regret, direction to the City Clerk to prepare a
Certificate of Appreciation and to place the item
on the agenda for September 8 for filling the
vacancy. (Resignation lette r attached)
11. LIDO ISLE SEWER FORCE MAIN REPLACEMENT (C-2108) Lido Is/Sewer
Acceptance of the work; and authorization to tne Main/Replac.
City Clerk to file a Notice of Completion; and (C-2108)
authorization to the City Clerk to release the (38)
bonds 35 days after the Notice of Completion has
been filed. (A report from the Public Works
Department)
12. EL CAPITAN DRIVE SIDEWALK CONSTRUCTION (C-2105) ElCap/SDWlk
Acceptance of the work; authorization to the City (C-2105)
Clerk to file a Notice of Completion; and authori- (38)
zation to the City Clerk to release the bonds 35
days after the Notice of Completion has been
filed. (A report from the Public Works Department)
13. WEST COAST HIGHWAY IMPROVEMENTS (SOUTH SIDE) 57TH WCHwy/Imp.
STREET TO BALBOA BOULEVARD (C-2062) - Acceptance (C-2062)
of the work; authorization to the City Clerk to (38)
file a Notice of Completion; and authorization to
the City Clerk to release the bonds 35 days after
the Notice of Completion has been filed. (A
report from the Public Works Department)
Volume 34 - Page 211
SPLCO-N
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT. CORPS OF ENGINEERS
P. 0 � BOX 271 1
LOS ANGELE&—C-A—LIFORNIA 90053
Mr. Sam Kniss
Trautwein Brothers
2410 Newport Boulevard
Newport Beach, California
Re: Revise Existing Dock for Luis Barrenchea
Dear Mr. Kniss:
9 June 1980
Thank you for your letter of 29 May 1980 notifying us of
your intent to construct a modification of -a boat dock at
Ill Via Lido Soud, Lot 881, Tract .907.
Your drawings have been reviewed and generally conform to the provisions
of General Permit GP004 for privately owned boat docks
in Newport Bay
Providing you have complied with State and local laws you may proceed
with the work.
Your proposed work has been assigned General Permit No. GP 004-097 -
If you have any further questions please feel free to call our Navigation
Branch at (213) 688-5606 and refer to this number. A copy of the General
Permit is inclosed.
Sincerely,
1 Incl W. H. MAHONEY
As stated Assistant Chief, Construction -
Operations Division
I/ 4b
TES
"1A FL 537 A
Apr 77
STATUS SHEET
HARBOR PERMITS
LOCATION New
Revision /Y\
Dredging
Date Fee Amt.-Lwl,00 Fee Processed X
Date Reviewed by M.S.D.
Approved Denied
Correction Req1d. Desc.
City Council:
Approved Denied
Remarks
DATE MATERIAL
SENT/APPROVED
C.O.E.
SCRZCC SARWQCD J.H.C. Or.Co. T.I.C.
1.
Application
47
2.
Consent Letter
3.
"Waste" Letter
4.
Drawings
5.
Staff Report
6.
Z)
7.
8.
REMARKS
WATERFRONT: CONSTRUCTION
To:
Luis Barrenechea
3700 Newport Blvd. Suite 107
kiF-jw, -Meyex n rerm-sl F-MMIMM
Re: New Dock & Ramp @ 111 Via Lido Soud.
Dear
2410 Newport Boulevard
Newport Beach, California 92660
Telephone (714) 673-1960
Contractors License No. 258975A
lst May 1980
For your convenience and to expedite the processing
of the permits, etc. that are necessary to the above
project, I can sign for you as your agent on all such
documents. If this is your desire, please endorse below.
Please retain one copy for your files.
Sincerely,
TRAUTWEIN-BROTHERS
Sam Kniss
I authorize you to act as my agent on the above project.
Signature
Date
APPLICATION FOR PERMIT
No—
Applicant will not fill
Date_z�&�-
i is hereby made for permission to
I',- ' C_"'! I )
Zz
(Applicant will describe here fully what lie wishes to do and Purpose of improvement)
"2
CO TD�
ej
(inplicant will state hero accurately the location of the work he wishes to do)
,rJN Owner Lot-D1102A�_10--, Tract 9,9-7
, 11.9ned agrees to do the work in accordance with the rules, regulations and specifications and
0$0 inspection and approval of the City of Newport Beach.
4
C"
Signature of- Applicant
_5 0
1 /7
4hall be in duplicate.
shall accompany all applications.
S/ 5
3 Xz a OEO�"�"
h 4,
60,
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re
COR
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VICINITY 59ETCH
P.,i�wpoRr BAY CAUPORNII,
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GitY Of ASIVlort Beach
0ity gall
3300 West Newport Boulevard
I e",l -Ort BcMcht Cal, i f ornia
AT' ION: City p,�n&jj49*,r
Ge'atlemen;
21 April 1961
ReferrizW to your writter4, request dated 7 April 1961 foz, per.
�Mss'oa to coortrutt a Seawalls I bave to inforip you t,4ats upon the
recomend-st',on of the Chief Of 23'n9iseers, and under the provisions
of Section 10 0"'h* Act of C049re's's aPProved Mrz-h 3,, 1899* entitled
act makin-4' aPPM.Prialtions for the construction# repair, and preser-
vatiOn Of certaiv- Pub340 works on rivers aud bArborS and'for other
Purposeat 11 you are horeb3, authorized by the Secretary of the Army to
dredge an4 to
construct aWrOx'i�wtelY 142 feet of concrete slab seawall
in Lido chagaell ax arm of Newport Say, adjacer�t to the north 0-ide of
the Lido Isle bridge approach,
as sh0w= O -A the dMA49 attached hereto*
It is to be understood that this 'Ieitter does not give any property
rik-,hts either in real estate or material,, or aAY ext.-lusive privi e es;
1 �611 $
"d th'st it d*es not ;-Uthori" a`4y ixJurY tO Private property or i4vasion
Of private rightst or ary infringement of Federal, Statel or local laws
or regulatiOus, UOr doe -s it obviate th6 necessity of obtaining State
assent to the work authorized, It merely expresses the, assent of the
Federal' QOVA-'ruftnt so far as conoaras the public rights 0'r g tiox,
e navi a
k3ee Cwjangs v. chicage, 188 LT*4*, 4ic.)
S' -f "THOR1TY '-F M SEGMTAIRY OF ME AFMY.-
W- T. BRADLEY
Coloneig Corps of Engineer,$
District Engineer
Apam 7, 1961
awsla camts -4
U. S. AMW btansel" &" A""*
P. 0 SIM 11977, for ftv low
Las AwLcs ITO cullpsma
Twe CITY Or lkwpw ftAtH #19RCSY XCftt$T$ A PCOMIT TO
CDWT*Ua A PK -"ST CONCRCTC $I" SCAWALL "WA" Or T"t
11101"WALT SM Of 141 gam*Ly enim To Lim IsLc. Tmis
IOWALLMISN,v &*"Ml*h'fCLT 141 FILCT IN LCUGTI@j, WIL), COWKCT
"M CX#STIM SCA%%A.L WML#" W" ""Ta"TC& VWeft & pts"#T
isme " Joan Tarkes Am JAws P. KELLCY ST TUC COR" Of
Cftl*gt** ON r9WAUWW 10j, 19% AM T*9 WIMG WALL AT Tilt
cutow ss m emmtftlo AM FQV4 (4) P11#111" Of A
*m "av is
cs" cowma
SCHLEGEL, FRIEDEMANN AND SCHLEGEL
ATTORNEYS -AT LAW
CHARLES G. SCHLEGEL TELEPHONE
803 KlmBERLY 3-9225
F. K. FRIEDEMANN NORTH BROADWAY
BEN A.SCHLEGEL,JR. SANTA ANA, CALIFORNIA
March 7. 1960
joint Harbor Committee
City of Newport Beach
Newport Beach, California
Re: Re -hearing on pier permit of G. Lyle Harbour
Gentlemen:
February 8, 1960, pursuant to recommendation by your
committee, the City Council of Newport Beach granted a per-
mit to G. Lyle Harbor to construct certain pleasure slips
bayward of Lots 878, 879 and half of 880. On behalf of my
clients Mr. Joseph Taylor and Mr. James T. Kelley I demanded
a re -hearing before the City Council on February 23, 1960 in
the above matter. The City Council referred the matter to
you for recommendation, and further requested that I state
my clients' position in writing and submit the same to you.
.It is my understanding that we are scheduled to be heard
by you at 3:30 on March 8th at Newport Beach City Hall. I
intend to be present with my,clients at that time. Pursuant
to the request of the City Council, and for your considera-
tion, I am enclosing original ' and:four copies of a Memorandum
to you setting forth the positionlof Mr.- Kelley and Mr. Taylor.
I would appreciate your considerAt-ion of the same, and
am looking forward to an opportunity to meet with you in an
attempt to resolve the conflicts heretofore mentioned.
Sincerely yours,
F. K. Friedemann
FKF: ee
Encls.
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MEMORANDUM TO JOINT HARBOR COM�IIITTEE, NEWPORT BEACH
March 7, 1960
Re: Lyle Harbour permit to construct pleasure slips bayward of
Lots 878., 879, and one-half of 880, Tract -007, being
105 Lido Soud.
L Action to date,
February 8, 10160,ptirsuant to recommendation by
Joint Harbor Committee, G. Lyle Harbo-�x was 'granted a permit by
the Newport City Council to co nstruct pleasure slips as proposed
in his plans drawn December 22, 1959 and submitted to your commit-
tee for action. At said Council meeting James T. Kelley and Joseph
Taylor, through their attorney, requested a continu ance so that
they might be given an opportunity to fully explain what they con-
sidered their vested rights which are in conflict with'the proposed
application and the permit granted. Said request for a continuance
was denied.
February 23, 1960, pursuant to demand for re -hearing on
said pier permit by Mix. Kelley and I!. r. Taylor, through their
attorneys, Schlegel, Friedemann and Schlegel, the matter was heard
by the Newport Beach City Council, and referred to the Joint Harbor
Committee for recommendation.'
2. Status of relevant applications before this comm'itteie;
a� Application by Lyle Harbour as per plans dated
December -22., 10,59i, for proposed seawall and slips.
Status: No action taken to date on the proposed seawall.
Permit granted for proposed slip by Newport Beach City
Council February 8, 1960, subject to approval of U. S.
Army Engineers. To date approval has not been given by
the U. S. Army Engineers.
b. Application by James T. Kelley and Joseph Taylor
for permit to conform to existing pier placement.
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1 Status: No official action has be en taken, but said permit
2 has indirectly been denied as a result of the favorable
3 action on the conflicting permit of Lyle.Harbour.
A
5 3. A brief chron2iggical order of events insofar as the
�6 piers are concerned is as follows:
7 a, Kelley purchased his current property from a
8 Mr. John M. Robinson in 1956. There was a pier included
9 in the sale. The said pier was located approximately
10 ten feet north of the current pier involved in this
11 controversy. The original pier had been approved by all
12 the necessary authorities, and had been in existence since
13 19491.
4 b. Mr. Taylor subsequently bought out the remining
15 lot and improvements held by John M. Robinson. Said lot
16 is immediately south of Kelley.
17 C, Taylor sought access to the bay, Kelley agreed
18 to go fifty-fifty with Taylor in the improvement of the
19 bay front, by building a sea wall and improving Kelley's
20 pier and putting in a pier for Taylor. At this time,
21 Harbour, Breckwedel, Kelley and Taylor were neighbors
22 from north to south. Thus, all parties to the current
23 problemwere living on the bay and had knowledge of the
24 physical facts before and after the Kelley -Taylor project.
25 Mr. treckwedel was blind, but was fully informed as to
26 the proceedings.
27 d. The new pier site in front of Kelley and Taylor's
28 property was approved and construction commenced. It must
29 be noted that Kelley was moving the existing pier in
30 front of his house approximately ten feet north. Thus,
31 the pier that had existed for many years was being moved
32 away from Breckwedel's frontage . . . not toward it.
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All the while, Harbour, as a neighbor, had knowledge
of the construction.
e, Changes were made during the actual construc,-
tion of the Kelley -Taylor pier project. The sea wall
was changed, at the request of the City of Newport.
The location of the piers were shifted slightly during
the construction and inspection stage of
the building.
f. Breckw6del died. Harbour bought the Breckwedel
property from the estate and now has two lots fronting
on the Bay. Harbour, in seeking new�pier,,rights in
front of the joint properties he holds, filed for the
permit which conflicts with the current Kelley -Taylor
pier locations.
4. Dgscri2tio-n of the existin& Kelley-TaZlpr 12iers:
The plans on the slip -float layout submitted by W.
Kelley and Mr. Taylor, dated October 30, 1959, show the relative
position of the existing Kelley and Taylor slips. It is obvious
from the plans that to require placing the slip and floa t closer
to the sea wall will restrict the use of the existiDg:area by
Mr. Kelley and Mr. Taylor. This restrictive factor is further
amplified by a condition not shown on the plans; that is the
shifting sand which is filling inbeyond the sea wall. Physical
examination of the premises will show that the sand has filled in
to such a degree that it is extremely difficult to navigate to
the Taylor float. To do so requires an approach from a northerly
direction, which would not be available if Mr. Kelley were required
to move his slip closer to the sea wall.
5. Contention ofKelleX and Taylor.
a, The City of Newport Beach can revoke the privi-
leges of a pier owner only in the interests of the general
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welfare of the City and not to aid a private individual.
b.
Kelley
and Taylor have
a vested right to the use
of the
area where
their piers are
presently situated.
C* With the consent of the City of Newport Beach an
amount in excess of $ 25,000.00 was spent by Kelley and Taylor
in putting up a sea wall to the mutual advantage of the
property owners and.the City of Newport Beach. There can
be -no question that the City of Newport Beach, through
its administrative agents, had knowledge of the exact
present location of the Kelley -Taylor piers. There is no
argument that the,present location of said piers varies
slightly from the permit granted to Kelley and Taylor to
construct same. However, there was obvious reliance on
the part of Kelley and Taylor that the present location
of the piers was satisfactory to the City of Newport Beach.
Therefore, the City of Newport Beach is now estopped from
objecting to the present Kelley -Taylor pier locations.
d, The City of Newport Beach gave its tacit appro-
val to Kelley and Taylor of the current location of the
existing piers.
e. Equity dictates that the Kelley and Taylor piers
remain where they are, and that Harbour's pier be moved
to the north to a distance sufficient to remove any threat
to navigation and to conform to any set -back requirements.
6. Proposed solution:
Establish Harbour's pier at a location that protects all
parties. Mr. Harbour has a considerable expanse of frontage on
his property, and there is no conceivable hardship on him or his
property toestablish his pier ten feet north of its anticipated
location.
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G. L. HARBOUR
105 VIA LIDO SCUD
NEWPORT BEACH, CALIFORNIA
October 5, 1959
Joint Harbor Committee
c/o J. B. Webb, Director of Public Works
City Hall
Newport Beach, California
Gentlemen:
The undersigned is the owner of Lots 878-879 and a portion
of Lot 880, being commonly known as 105 and 107 Via Lido
Soud on Lido Isle in Newport Beach, California.
A recent survey made by Mr. Jack S. Raub discloses that
approximately fifty percent of the usable water frontage
abutting Lots 879 and 880 is occupied by two new pier and
float installations which are tied to a bulkhead, the northerly
terminus of which encroaches several feet onto a portion of
Lot 880.
The mooring of boats in connection with this pier installation
prohibits any reasonable use of the water frontage adjoining
my property.
It is my understanding that the piers and floats in question
were installed without proper approval of the interested par -
ties and that the installation, as constructed, does not con-
form to the plan as submitted and approved by the City
Council. It further appears that the effect of the installation
not only denies use of the waters adjoining Lots 878, 879 and
880 but in addition gives usage of the waters to and for the
benefit of lots on Lido Isle which are not in fact waterfront
lots and never were waterfront lots, but the owners of'the
lots put a bulkhead on city property and attached the piers
and float further out in the water, which has nothing to do
G. L. HARBOUR
105 VIA LIDO SOLID
NEWPORT BEACH, CALIFORNIA
Page Z
with the property. It is further my understanding that the
general policy and practice of the Joint Harbor Committee
is to permit the full unobstructed use of waterfront property
to the adjoining owner.
The purpose of this communication is to advise the Commit-
tee that I do not consent to the existence of the pier and float
installations as they traverse the area within the prolonga-
tion of my property lines, nor has any previous consent been
given by any prior owner. In this connection, I enclose four
copies of the affidavit of Mrs. H. B. Breckwedel showing
conclusively that she received no notice and gave no consent
to the installation of the piers and floats in question. I also
enclose four copies of Mr. Raub's survey.
For the reasons indicated, I request that the Joint Harbor
Committee and the City of Newport Beach take all steps nec-
essary to affect the removal of the piers and floats from the
location as I have purchased a 1141 yacht and definitely need
this space for mooring.
Respectfully yours,
G. L. Harbour
P. S. I am enclosing two pictures showing the number of
boats that extend into my property.
MRS" fl, a, 18248MUSK bolve flost MY Swomr-as
deposes and oars; -
00, "60W go5agit& i0w vas
W Owe v'", a 0=41
w '"whas" 4X
v a hou ou
avwwd bw
w4m ".001%, a," I 'a
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doat 0WANSOR -000* W." uw
lbo Aw 1404utl=S *0
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be Whed to
AFFIDAVIT
STLTE OF CALIF0__--,DTIA)
)ss
COUNTY OF GRANGEE
NURIS. H. B. BREC17VEDEL, being first duly sworn,
deposes and says:
I presently reside at 107 Via Lido Soud, Lido Isle,
1�rewport Beach, and have resided at that address since 1952,
v7hen my husband and I built a house at that location. We -
purchased the property, which consists of Lot 879 and one-half
of Lot 880 of Tract No. 907, a short time before building our
home. Before purchasing said Lots, we looked at the property
presently owned by Mr. Taylor,.and were informed by the real
estate agent that the Taylor property and the property owned
by Mr. Kelley had no water frontage and was in fact not water
front property.
When we purchased our property there was a small
pier -and float in front of it which held small boats. It is
my understanding that this pier and float was erected Tay
Mr. Robinson. My husband was blind and, therefore, not con-
cerned with the view from the front of our house.
In early 1959, two new pier and float installations
were made in front of my hotBe which were i-tiuch larger than the
existing pier float, and since that tire large boats have been
tied up to those installations. Presently, there are two large
boats and three small ones tied to the two piers and floats
with separate ramps for each one. The nearest float to my
property is built in approximately the same location as the
pier and slip erected by Mr. Robinson, uses the same pier lead-
ing to the ramp, but has much larger floats than the old pier
and float existing at the time we moved to our property.
The new installations made by Mr. Taylor and Mr.
Kelley were made without any notice to me of any kind and with-
out my approval in writing or otherwise. In fact, Mr. -Ke+l-ey -!-A V11 -0k
attempted to obtain Tay approval within the past week, but I
stated to him that I did not approve of the installation. The
installations are very objectionable and detract from the enjoy-
ment of�rwy property in that the large boats are directly in
front of my house, many more people use the new piers and floats
a -Lid the view is substantially obstructed.
I believe that the present installation invades the
water -front rights of my property and should not be allowed to
exist.
/Mrs. H. Ek. Breckwedei
Subscribed and sworn to before me
t
,4is day of August, 1959.
Notary Public in and kor tfte County
of Orange, State of California
Vl i
Am%
SIA,TZ Of CA"LlOORNI
Tu, la "ta
Pamit No. B-1061
Ooncrete Seawall
1. That the seawall and the backfill behind the wall be in
strict accordance with City specifications.
That no further improvements be made on the property
owned by the City without prior consent of the City.
3. That pendosion be granted by the Lido Isle.Community
Association,, whose lease agreement with the City requires
them to be accountable to the City for improvements.
That Mr. Taylor and Mr. Kelley agree that It Is their
understanding that the City may use the City owned
property in the future, for whatever uses it deems
desirablet consistent with the public good.