Loading...
HomeMy WebLinkAboutM2003-0008V-11 Cl 7- 70 41() 0 / -7 ��) - /// < loo Ir ArIL fqr, i H 4� W. Q� '7 pf 't 0444,4 Vl-`C)Ml-TY SkETCH fr NITWPOWr t5AY/ CA4 10roPtwfA -7777 V, I Cllp?.y ZF ortl /r7 44rrl 0,7,71 z &VP � A a be/ow etltroe7 ZOWer /-Ow Woy(O�. Moxl�— rV079'r at,* VIC 5ecr(,,or 074­'llaw'�'�r' �50r. OPP ly le el 4e e Aq ok xb, r -ill. GRASS IN ,SPt6TION VAEL GRASWHIN.1 'OFPROJ EEL GRAS THE P ARE S! PN&FRE a (: H RBOR URCES DIV. a, c 1 0 s V A c y E\N T BE 9, . .. ...... ............... sA�-/S' Rob r."Jw �y 9o7 CAA -1 _r 5 COA.17WA C ro Ar.A) A00eiss''.111. V, 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) Fj N.' 4& ME, ft N?� Lo 12 COASTAL COMMISSION -1 M :2: ;1�1' O -FL EXHIBIT PAGE-L-OF--L- rl rM co a', �11 10 C) All M cl 4 Tri 14 Q� N) @ go, ALLEY 4- go, 0 ofo 0 cn rm (n VIA AIMBES 0 r) cb m 0 r) al 90' to 45' 0 Ave' R ai-61-1 -40' 131L.9, VN073,9YV9 Ave' -7 �5 Cl rr,, cor 45Ar,4c1-.Y, AV L) 7 L Vy Q� '-7 V 0C I �J I TY SkETCH Na.,PoWr 15AY,, C164 I Or* It N 1A dr�l F -'l. XtF=�, 5,0 a ee Ir Xylro,7 I OVp e/o W OeV,r 40w Wo ydgr,-, ro,79plr 0/, j,,q2,,c lo are e ylA;S e, C Z5 0 _7z, ell le V9. I- cp Vpae 1 4 % Z, QCPEEL GRASS SPECTION EELGRAS ITH 150F jEC EEL GRA NTH A COAS COMMISSION HAVR�OR RESOU S DIV. SIGNATURE cl OF EXHIBIT # PERMIT# PAGE F 4 �/z - 21 ZrC�-�-15 c, 7—: T -K A c7- Co417WA C 7-0 A Us 0 "4f ON 714 Ab &Ay OL Al IL VICINITY SKETCH 10 o MIEWPORT DAY, CALIFORN�.A Al*r _4 W. Ago�,& M:ALff WILIM CRA P 14 c 54,A Lk L_ I d5F.'-4w cool '&'elow "C.o"07 Z Owe,- Z CIA#- wcr."gr/.-. all Z / V y A/V o to 2,7 a0_40 so N� 2� 4- 40' \7v, d 30 '30 'JN Pei a 0 'eo I J 4- grll� 9 7 -7 Alal-bo'v"- k"'xx� z -50 61 /67 y J PO 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 I C TRUST j MA"OR-FEWWn TIL4NSMR APPLICAnON Date of Applicaton: Permit ProPerty Address: _77 / �111A Z -1f)12 <Ijlln Buyeeu Namesr: - 13111ing Addreas: TeJePhone Nm: I�uyclrs Signatures: J, $811grs Signatures: �35 V. N �m v -ore Z)/t CA 2,-7 e -5- 11-3 Z002 Z002/00.1 JoInt owner 519roature: ESCr*W COrAPaFW. E&Crow NuMber-, 2, -I -S 4Y 1,5-3,4/41 Fax A 7-4f Inspecti.on Date; ReInspection Date; Date Paid; CheCkNumbec. App 11pati.pn APproved. Harbor Re"urced wSr"Utureloffew ha T p =11r4W6 17p=VW,. mvOUPWO by fhe CM- CoUna" N"PPIT BUIRch muniarpol code� FA PO 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 1 1/1 61' )Jj 'IV I 6-4 let CIrK Nzvpoer,&,r.4c1-1—. CIL At '7 CA &VNgr lArrry VACIMITY SKETCH :j Newpoorr LSAY, CALIF //rz 5'0 (./17 01/,) 9 5 c2re 6-x/ -,-Crsed I., Yra.1 zc:5 &&e 10A.1 46CIOW A-fCOP7 LOWCI- ZOW "fcep%; rx7,3,?d. 0/- A.'a"c /0 7IO61.'5hWd2e t;? > IV 12 PAO I/ 4p 50 e,40 /,p 0 o Cv,4--�A c row -. 5-A ,r s OA 71-1'.,� �5-12,8 .4 Do edr ss // ut Melum, Tony 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. CITY STATE ZIP //V. q a � 46 PHONE NO 9 y ? R 4. ARCH ITECT/DESIGNER'S NAME LAST FIRST LEGAL DE8CIkIPTION No. UNITS LOT BLOCK TRACT CITY STATE ZIP 2. DESCRIPTION OF WORK, Is f fn ey-c- 0 11) A- � ef P IA -Ce W Al -e W /P7 -5-k 6 n "±ki I Z" X IRAcr _wtck., "-�e4AJ 15Z11 A� V NEW [A ADD ALTER DEMO Check Appropriate Box USE # OF STORIES VALUATION $36, At IV SQ FT (NEW/ADDED/EXTG) F] 3. OWNER'S LAST FIRST t�A*t# OWNER'S ADDRESS �' 1, wo OWNER'S E-MAIL ADDRESS CITY STATE ZIP //V. q a � 46 PHONE NO 9 y ? R 4. ARCH ITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCH ITECT/DESIGN ER'S ADDRESS ARCH ITECT/DESIGN ER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 5. ENGINEER'S NA"'�a I -e4,1 LAST r FIRST _�_f 41 STATE LIC. NO,. 1 ENGINEER'S ADDR�SS f ,,eNGINEER'S (�AZI.2;110 E -MAIL ADDRESS STATE ZIP C (�-- r 3/ 7 PHONE NO. �5 e1r- V -31V < F] 6. ME LIC. ��)�,'No.7VO5 STATE LIC. -Class* 'CONTRACTOR'S �PDRESS -7 (4-eavl CONTRACTOR'S E-MAIL DRESS B�+SU_)( 6D CITY STATE ZIP (--7'6 T 7 C vn PHONE 140 Iy� OFFIC u N761� 0 ,�,tzi_-RMIT NO. TY F CONSTRUCTION PLANCHECKNO. PLAN CHECK FEE $ OCCUPANCY- GROUP PLAN CHECK ENG. -7 -5 .C1 7- of NW�,c�O*fr &X,4c1-1 5- ro 4,,,, 6,rce� low V OC M 1, TY SKETCH CAz i pro AN (A Ic C;( 5'0 U.,7 are In ?-rrl Once c��,ole z C� t, V belpW 0%,ftror7. Lower 4apl rc,�Fr or Ore C-7icile'shwe' eo loll Oka > 00, .00", Oft* �0, d6 OW ASS IN elf, fill. GR t6TION N/vb�EL GRAS HIN I F PRO7JT C3 EEL GRAS HE P AR lop 1� ATURE URCES DIV. RBOR. BE PERMIT # P&N y EW z -r COA17WA C ro Aoczeq., JUL 25 2002 10:5bAM STRADA PROPERTIES 949 -G40 -3G40 p.1 FROM: CHRISTINE DIRECT LINE: 949A40.3629 FAX: 949.640.3640 E-MAIL cskillskyCa),�.,-,tradaproper--fies.com I ATTENTION: g"/ 4v w COMPANY: -'yz 412 FAX ft: --------- R DATE: ------- TIME: 3 TOTAL OF PAGES: COMMENTS: Arr', I JUL 25 2002 10:59AM STRADR PROPERTIES 949-G40-3640 P.2 Device 2064 Crry OF NEWPO DFrpg�,j' UTILITIES , Q13-AL(Ty ,vp -Iq A 92659-8915 p,0.]30X1768 NEWFOF`TBIFACfi� , -6, st (90) 710412 A", 00.�' � cross Co" -"on, "y IBUCCOLA, MRS GI�ORGE -R 'rFZUST/# 10"2'6 �Oj� 11 f c/o 1 ST AME P 0 Box 26/ SANTA ANA, CA 92702 serial NO: 1192" LA— ize: 3/4' LoMdOn: K Ijg.ke� WILKINS 975 VIA LIDO SOUD AT DOC --ype: RPP 02 L 'The de"10 ted on qr WOM 1,1,sd Tight Ll C)pensd at Held at Held at COMMENTS ���kd to be true IT FE ANY INITIACTES (SiGtAlu FINAL TiST / R�PA'RS (5'GN1"rVAF) PV131 SVB AIR INLCT ene 'D 31 at Did not ()pen CHECKVALVE L , . P Held at C lamed Replaced Air Inlet F510 PSID BAWTE rr-R �6 Af� Pro-, Double (-,hock Valve ASSOMOY VALVE I RELIEF VAL' CHECK VALVE 2 i -- -7 -';D CHECK r,4, op-med ' INI- Held t , 051D Heldat--L--- aused Tight fj� olf" not 0, TIAAL TEST Clas Tig t Leaked Lee Cleaned Cl ad Cle-oned I Replaced Replaced R laced List parts bi Lilt, Parts R Li:t artq belw E P A R S I 1,1,sd Tight Ll C)pensd at Held at Held at COMMENTS ���kd to be true IT FE ANY INITIACTES (SiGtAlu FINAL TiST / R�PA'RS (5'GN1"rVAF) PV131 SVB AIR INLCT ene 'D 31 at Did not ()pen CHECKVALVE L , . P Held at C lamed Replaced Air Inlet F510 PSID BAWTE rr-R �6 Af� jUL 25 2002 10:59AM STRADA PROPERTIES R jol Q,, Thl; ea A pRopESSIONAL BACKFLOW DEVICE TESTM 949-640-3640 lnv6' M NO, 3377 INVOICE Date 6121/20( .�t—rsda PToP—Am---- Order No. -e AdOr Tllvlaod�s-d FOB' 140 K Rep M.1b, A AIR zp 92.660 ,tty CA pl,.,e —4�g�no —3? paymnt Dobils 0 cash 0 M0 0 Clolt Cud TevpMP Tfig"r, You P0 r,�MVNG VM )Tnu & Handlilig stalo - (80 )289-3336 12453 OAKS AVENTtITF, C, . 11,,[NO C/�j,-0,X)RNIA 91710 (R� C 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 0# ,cv-s)c�* N &M 123--111 low 4r, 1 ........... ,it 0 q r VICINITY SKeTCH NEWPORT AAV, CALIF. - 0 4-eff awow-rr-r-rWO ~ R ".9 4^fd4vpw oweAev 4,v#vcrr 400v Awj.,w 7,ly4 dw AV4 lool Xv op lol, ev /V sit. V,00, �- �oj le ',00, oe 01 'Ail tic, no A4 �dw jq �Wo A0v . f. 4, - AIA4494W ,v, evil y "// ",q Z -or �fsfl"W) z "et, &, d.A,�. -ve bl- i. �4 " 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_ RMIT OCHD edrge T. Du - 1. ssin Ist Interstate & ENG SELLERS' NAME(S) (ABOVE NAMES TO BE TYPED) COUNCIL F -I PUBLIC WORKS DEPT. SIGNATURE OF SELLER SIGNATURE OF BUYER ESCROW F] bJUNATURE OF SELLER SIGNATU E OF BUYER INSPECTION Fl El SIGNATU APPLICATION APPROVED (DATE) FJ_ ITY HARBOR ORDINATOR SPECIAL CONDITIONS: THIS PERMIT IS REVOCAB E BY THE: CITY COUNCIL IN ACCORDANCE WITH TITLE OF THE MUNICIPAL CODE. 17 k CITY OF NEWPORT BEACH, CALIF. WX FORM 64-1013 REV. _7 ADDRESS OF FACILITY: P M -IT BUYERV NAME(S) niterstato D"k. 1AL 111 Via 14'40�sftd -111 MAILy4ba'9flW=le ki* XMG MCI TELEPHONE NO. FEE CHECK NO. A ATE APPROVED BY: DATE APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT T-4 N�osln lot Istoristfito A OCHD lwm' -tit ty wip 4"m X Jgw'TeT*"' o �IENG (ABOVE NAME6'iO�BE TYPED) :�.COUNCIL IGNATURk, F SELLER PUBLIC WORKS 'DEPT �I' A ElYff,13 �ESCROW $E LLE SIGNATURE S NSPECTION 4 SIGNATURE OF JOINT OWNER El APPLICATION APPROVED (DATE) CITY HARBOR COORDINATOR SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CIT:i'tOUNC:IL IN ACCORDANCE WIT" TITLE 17 OF THE MUNICIPAL C06E. CITY OF NEWPORT BEACH, CALIF. WX FORM 68-100 REV. BUYERS' NAME S 7� ADDRESS OF FACILITY: PE MIT BUYERS' NAMEiS) + ADDR&SIWFA61LITY: L ; 7 3 A, A 44L� �i MAIUNG, ADDRESS E NO. TELEPHONE NO. FEE �CH ECK NO. TE bl�� U ta 40 .......... . ION I S HERE13Y..MADE TO TRANSFER HARBOR PERMIT APPROVED BY: SELLERS' NAME(S) . . . . Fj ENG, Ole OCHD -%fflffW8W, tRAME(SP TO 8 TYPED A BOVE'�NAMES Ez NG PUBLIC WORKSE] DEPT. n e�&SIGIITUR OF SELLER SIGNATURE OF BUYER ESCROW oF,SEL LER% -SIGN TURE:OF BUYER INSPECTION .PUB APPLICATIcN-APPROVED, (DATE) ------- TU It E OF tUYE pp�rATUR"F SELLER.� sc SPECIAL COND ITIONS: THIS PERMIT IS REVOCABLE BY T,j OF THE MUNICIPA L CODE. Ell" CITY OF NIEWPORT WX FORM 69.1013 REV. :R., SIGNATURE OF JOINT 0 W Nr El APPLICATION APPROVED, (DATE) El CITY HARBOR COORDINATOR COUNCIL IN AC;L;VK DANCE WITH TITLE 17 SPECIAL C(:)NbITIONS-. THIS PERMIT ISipEVO_CABL.E 13Y THE: CITY OF THE MUNICIP ALCODE. CITY OF NEWPORT BEACH. CALIF. WX FORM 66.1013 REV. 7 PERMIT # BUYERS' NAMEiS) + ADDR&SIWFA61LITY: L ; 7 3 A, A 44L� �i MAIUNG, ADDRESS E NO. APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT APPROVED BY: DATE bl�� U ta 40 OCHD SELLERS' NAME(S) (ABOVE NAMES TO BE TYPED) ENG, COUNCIL rm OF BUYER PUBLIC WORKSE] DEPT. n e�&SIGIITUR OF SELLER SIGNATURE OF BUYER ESCROW INSPECTION SIGNATURE OF JOINT OWNER APPLICATIcN-APPROVED, (DATE) COORDINATOR CITY, COUNCIL fr�At�CORDANCE WITH TITLE I SPECIAL COND ITIONS: THIS PERMIT IS REVOCABLE BY T,j OF THE MUNICIPA L CODE. 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 Pier Slip Transfer Fee 58053 300 � 00 -7- BUYERS' NAME(S) WFA AI)Dk6S�b LITY: PERMIT # V -4, V 4- �4�4 4 mAiLfr4d-ADbRESS F NO. DATE APPROVED BY: DATE 61 APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT % OCHD 71, ENG N�ME(S) BUYERS' NAME(S) (ABOVE NAMES TO BE TYPED) COUNCIL ?W- j URE OF BUYER " IKI- PUBLIC WORKSEJ DEPT. iP r: ESCROW SIGNATUWE OF SELLEV" SIGNATIJ E'Op�- , INSPECTION El X; SIGNATURE OF JOINT OWNER APPLICATION APPROVED (DA E) CITY HARBOR COORDmAtbR,--,—'�, SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUN`C--,f;:jZ.'--' - 6 DANCE ,j -AQP - R WITH-7ITLE 17 OF THE MUNICIPAL CODE. NKi. CITY OF.,14EWPORT BEACH. CALIF. WX FORM 64-1013 I�mv. 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 Pier Slip Transfer Fee 58053 300 � 00 Cl r K Ne#,P-oer dr.4clv QL . k -I toe)Rle-f A' 0 14 7- D Po 40 ( jostoms, I'D VlkC)XJITY SkETCH oww'Ifir rrr ��er PIC 'F�: fc> "qo 41 Z-� are OAR,-CVSL-d tP7 1"Wel ao)e cv4pmoAr ootfeoP7 4orver Zow eve PIA s At clo w rvp�q,d, 0/* /I'CY'C 0 Ao ""we -Of. 4�7es ��e are asiobAr'shed 71h's 5ec?,.,Cpf N:�� -5 > < C�— jo 12 9" lot 4� /Co 50 40 App AIA",d 6-4 yz - �,C� L�, - - C;3 — ec,7-.,881 04,e, - 7-AEAC�' " V07 11,4 /-100 -576L) 0 Co4,7wAcroa-..5"A*-<,jtXr OA*re-'�5-1218 Z3111 SIATI Of CALIFORNIA IDMUND 0 11POwN )R CALIFORNIA COASTAL C ION SOUTH COAST REGIONAL COMMISSION 66b I OCIAN 11OULIVARD. SVIII 3107 gp P 0 001 1450 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 TM: ak C 0 PFFM P4M- dNJ,,4 Cl r Y,- cw lu cO A qt Ck 70' 1p -ilk 0. 40 C> 441 Ce- lz �l VI%CJ M I TY SkETCH mob b NdWPVtTr IS^Y, CAL W00tt."A pie -,n Ta�" 510 4/07 Of, Pt 9F iFt Or,,,,/ *4nr c4pnaie 0.0,ppe a/' slive /,;*Cs are &ai*61'r'qAwd "�v 5 -seco(ea.9 aprA42w,~04 > IP40 7—. �sv ar is. 4 '6A < �"035r--' loe Ile 60 Al' A/ -�qq ZU1.5 h'74'e4 90 7 7AWAC. deg AA jT -Z�,o A oD r x ss jCoA17WAcroAv-5'Avxoj*,ry OA Clne ew Nf�vpoRrdr.4cw t 0. 40 0 ZO.Og le-' sk ,/7.5,/// 0'. C, 0 ce- --1 1,/ WC)MITY SKETCH Naw.waffr &,^Y, ca4aromtKaiA 0 w,gir Isrry jerrr .r-) //Z> A,-- .1 sOup7d."7.FS are expec vs eo� tPI Orarl a) ae /& oevp 10A.5 below Alcop? Lower ZOW are asia6l",Shed /;7 oVC'/VaWA'O,/ C', 9c) 3 ItV ell lip dfi--� I-," "I IZ-11, 011 \ It'D I t 4P/ A1,4"ff Z4115 ZZ � d= 40 U ;* � C3 C� e.7-:881 54,oe, - 7,-CAC7-,'907 ,App4lc,4A-,-rs ,16 AD A ss f3 -576 L) r-> --r-oe A 0 71-A.' C " A.) e A-0 j CoA.,�Acroa:�5AA(9,-j,.rs OA7--I-5-1281ea ,,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. . , �1'7' �ww /jc*'c'0' A�' "J'� C"T HAMSOR COORff-l—NAf—OR VE—R M--1 I "NO. DATE� SPECIAL CONDITIONS: Corps of Engineers Permii Orange County Permit Othen t -r- c c- AUTjjOjWl ZED By Clyr ou can. eo -.7 - kcq 49 - / f, eo -1-1� -� - T 0-rf,,T rp-f� A T CONn I A, J IN DAT[ ... SEE Al-TACHED SHEET 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) C/ r Nwwpapr drxc�v pchog�e- vj ro tome fig -go, Vl QL 70 1 AO dr AV —drao t pposs, a 41 c*,v*:A0, VaA ova-wr Jorrr 14 VI'C I M I TY SK ETCH NEWPOWr DAY, CA4 l0rOMMIA 4�� loqo Of z 46drIOW AIC007 4ONVOr LOW "Pede. 4laXI'IrPC/0PI evp7qe /0��W74. qaehop- 4�7cs woia6lfshwc� /;? <ol oo, 13 9'0 t6,.� looll 031�'e 9.,, $4 Xr 0, 0 OL oo 'oo, "o, ego L MAR460ART c/o CITY HALL 3300 NEWPORT BLV NEWPORT BEAC' 92663 s Sof o to� cy 7-.- 7—,CA C7-,' AZA"A Z4jl 4,e ,c &�,UcC,04, 6,4 4907 S'600 OA*re -, 6'12 P, 16 In 1A. so�tb coast R(',9!Owl "()TjjtT _Jissioll &L in 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. I zo COP A rlk� - 14; - 11-7 e) Ihm 0�0 k A - f6 / 23 -- //"/a A94A,AkA4 N �.'4 _'7 lap VICINITY, SK eTC H NEWPORY RAY, CALIF 0 ^&,Vora - I - IT'. -#�Vwtwlov &A"CA aw 04 ool iji, .01 0 1 "PCA\ W c 11-4 1�4 k -e r f4l Iv .4"ol 2t sf3 IV %.I C74 /,Coo AV CO -4 -Tr A'OVP' e.*,, emw Z'vr / 7.6 — /// Cl rye mr Nzwpavr df.4CAI ro 4 low firoc-h- a vi �WA. -d- W IV leis, of coo's 0 6 A C, e" -'l 'v VACIMITY SkETCH Nawpoorr SAY, CAL I$ro$tNIA ple- or& eAR.-Csseof O'P7 AWC/ OI)Ce 044P�000& ol&-jW OA 5 below 4-feOP7 Lower Law Wov"re. A40ift."C."p, ,r A'16rho'- 4�7e-s CSiO61t'ShdFd ?'*;S SeCll*,, IVCW, / ASCF, . oor r > CC It A' -Ae �A Os /Vol 4.p241C-,4AJrs AAd"ff � Z015 L�,AleR6UA-SCI-1654 :7z A04,4.,, - 7-AEAc7-,- V07 a A no z e ss 11A Z "'p '0 OA-re,-612.8Leb . i 1 1 .1 li .11. 0 1 1 -- - PERMISSION IS HEREBY GRANTED TO CONSTRUCT ANV MAINTAIN THr FACILITY SHOWN ON THE RLVrRSE HEREOF AT THE SITE INDICATcD, SUaJEC'r TO THE Pj1OV2SI0NS-O;' THE HARBOR PERNUT r'GLICIES OF NEWPORT BEACH AN[ ANY SPECIAL CONDITIONS Llr�TED HEREON. TH;5 PERMI,� IS NOT TRANSFERABLE WiTHOUT THE WRITTEN CONSENT 01 THE Clf'Y HARBOR CoOnDI�4ATOR OR CITY COUNCiL. T"! 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. CIT 17.4-111 VE —RA 4 1 �TN 0. DATE— SPECIAL CONDITIONS: COrPs of Engineers Permit Orange County Permit Other.-_ AUTHORIZED By CITY COUNCIL ----------- 'le "Al DATE ..... SEE WACHED SHEET mw imply , ih its 4, , ;n",f 7� 40 WN, w P, Oft- lob. I W, I.J! 6 AR ,;MER too ; g;q yj 9 ww:. z 4 4*10 gw A 40 X� WEi,�,,W , g 4 'k3-. 6' V qm On Kil. wn, 1 -4 11 ` All Sh 0 W, a 0 Z, lrl�,)�* d i%3 20 Yi n ,K NJ 4irril VAM YWI, A NK4. 0 A W, w- -g, P 'navi Max J., MAN -09 k0" Shumm IV' IVA w a zml Nu 69, 00 a!WX ;�', f]z ve .-Nqlftl�,�Xrl"'W&l R-11-, IiX N ills JAY AIR Ali AW X. ew", J1111111111111111 ............... few oil A 14 A - 1,1z -1 its -KD VA Nmi Cz Ad "'j, IV lot - 11 54 - loon, -41 A M, 7 a - 41- �-P A ct' - 1* V y NO 4, vl-, A. ON 4� rg oq zj� "]r ­"" 14 X, N11 ONG off -40 qg'�;'g mop vy Nil j �i Z, iP mum A 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 a W-044 -4 llf4 1 v 0 t11,4 77"0/0 R4,'7',= -1C4 7' C 7 0 A/ A/ 7". 9. DATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT APPROVED PUBLIC WORKS DIRECTON R.E. No. Avl-.4 IV7- 0// Ir 19 A, CO,-Vl Na SW&. L- ow X44 IV 3 e. -49Z-42 CA:f 00 P 7r-X14M,4750 7ei YW 4 ti�,o cr slabs IW7��,' 004elIzVP V,4?; IN,57,4atV IN 866 -- y - -1061 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 CO. cv, " -A, 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.'' Att. e� e. ve 'w awo"-' "Xxx � '_-e X'4 ZA 6 CirK N4wpaer drxew OL IN, 1 :1 1 1 -- pie-In Z- �5 tq R r IV 41 0 WCIMITY SKETCH / 7 -05 - /// cova-VA DGA AW*4 I iv� gh -,,r Jsrry C..., Lr- �Z� a.-* &AOPcss&d r,, A,,,� &,,a afoopa/0 typp OA 5 below Alcop? Lowdro. Low 6/0%,fe-0-. A4*irmvc.,,Pp ^Z are asiablfshed /;v 7 h's . 5ccleoop Orr"Vew'Odw/ A5cry. 43 0 X) ILI C4 <.- <3 rRA C?--' 90 7 ftle'AA-IrS AIA"ff Z411 &"J Z'00 OA're.'512.8 ��,s A messs /// 1//,4 'a I PO 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 &7e N NIR Al o , r If, 4 r Jv ol, c%, tV4,0,114 ^Zv, V ICIN ITY: 5 K eTC H IDAY, CALIF NEWPORY ^4A -W.44 �w Axnel; 4,,V.0 o,*,vorx- 4Vee~ �-eAev` A0kV,&`;,C AAOOV. *VIIIPWIr. w -.Woe. eo� A&WA�­* 10 , o 'Fity Ir .00 eV4 _VU - 0.0 0/ Iq 10 v i4 AV vv JWA,%o orr ex.,,4 e*,, e44., -- --------- .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, 16 Ilk 14, 11v 0, 347,014 13A re COR si VICINITY 59ETCH P.,i�wpoRr BAY CAUPORNII, 6o ;'an- 7, C212a, _-/e,70Av low Allax' �6elow Zown 40 IrJ.' BOY. (3 8 0 7 IV IAI 67 94,51AI IV,4-- V110OR- &A)- . . ... . . . . . po 7 0 �cc i zj_ 21 Al A-V oc) OV �x 01 115 c", 0 A R 'p \00 1091 Ao NFWIOORr A3,4)" 0, Z q,, �R IS 7o-qA0 4, ov 10 A�jq�- 4- Z -X 5 T/ 0 IV 150 -S,C,4 C17Y Ae AASWArver 1,c�l A-� AIIA RIKWM 5PWP-R 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. 1 2 3 4 5 6 7 [M tv, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 2 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. -1- 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. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 06 27 28 29 30 31 32 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 -3- 1 2 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 70 31 32 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. '2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 6 8 a 10 11 12 13 14, 15 11 6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 A-- - � .2 lw.� 82. Own A4040 doat 0WANSOR -000* W." uw lbo Aw 1404utl=S *0 im vlad" the 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.