HomeMy WebLinkAboutM2005-0079Elliott H. Boone
CASH & ASSOCIATES Randy H. Mason
Eng i neering and Architectu re Wilfrido B. Simbol
IN Kerry M. Simpson
December 8, 2005
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA 92660
Attention: Mr. Tom Rossmiller
Manager, City of Newport Beach Marine Department
Subject: Jenkin Residence
2215 Bayside Dr., Newport Beach, CA
Concept Plan for Floating Docks and Pier
Request For Approval -In -Concept
C&A Project No. 6335.00
Tom,
Please review our concept for the redevelopment of the docks and pier for this property. This
dock will be serving a single-family residence. We have situated the docks so as not to interfere
with navigation for the properties on either side of the subject property.
The California Coastal Commission requires the City of Newport Beach Approval -In -Concept
prior to accepting the Coastal submittal for the waterside improvements. If you have any
questions or comments regarding our submittal, please provide them to us and we will make any
necessary changes.
Thank you for your assistance.
Sincerely,
/Y Randy H. ason, PE
President
Cc/
Craig Konrad, Owners Representative
5772 Bolso A,en.e, Suite 100 111 Huntington Beach, CA 92649 USA iii TEL;714.895.2072 a FAX 714.895.1291
Web Site: �ww.cashassociates.com m A California Corporation
19114 ";,33 -0,%—
INSPECTION FORM
Harbor Resources Department
Date:
Inspection Requested By: /41, e6
Inspector: Don Duffy
Pier Address:
Pier Transfer
Reinspection
GFI Present Yes Need None Needed Yes Need
Anti -Siphon Backflow Present
Other Comments
Yes No
t &/ 6-R
Present
Pump Out
Pier Location
Yes No
Operational
Recommended
Encroachnnenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments / Observations
Other Request
Map Output
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http://www6.city.newport-beach.ca.uslservletleom.esri.esrimap.Esrimap?ServiceName--nb—info&ClientVersion=4.0&Form=T... 12/09/2005
December 20, 2005
Dear Carnation Cove Resident,
CITY OF NEWPORT BEACH
Harbor Resources Division
829 Harbor Island Drive
Newport Beach, CA 92660
The City Harbor Resources Division, under the general provisions of the City of
Newport Beach Harbor Policies, is required to solicit comments or concerns from all
property owners within 300' for any type of harbor structure that may be deemed
unusual or not in keeping with the surrounding area. This qualifies most of the work
performed on the water in Carnation Cove due to geographical conditions of the area.
The resident at 2215 Bayside Drive is proposing to relocate the existing pier to the
southeastern side of the property and to reconfigure the float accordingly, keeping
roughly the same square footage and footprint. See attached.
The proposed construction will go through the usual review process by the California
Coastal Commission, Army Corp of Engineers and the City.
Please forward any comments or concerns you may have in writing by January 20th to
the address listed above, attention Mike Ure.
Sincerely,
Mike Ure
Harbor Resources Division
949.718.1844 office
119.01
r, u Me
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REVISIONS
CASH & ASSOCIATE
ENGINEERING ANO ARCHITECTIL
(714) 895-2072
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REVISIONS
CASH & ASSOCIATE
ENGINEERING ANO ARCHITECTIL
(714) 895-2072
FROM GARY SMITH FAX NO. 9496758513 Jan. 18 2006 05:17PM Pi
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Jan 16, 2006
ISAr, Mike Ure
Harbor Resources Division
Dear Mike,
IRVING X. BURG
2301 BA YSIDE DRIVE
CORONA DEL MAR, CA 92625
(949) 675-3235 FX: (949) 673- 708 1
re: 2215 Bayside Drive pier relocation
I see no problem since the request does not appear to intrude into any water rights or right of
way.
From my view any improvements in a homeowners use of his pier and dock that does no harra is
a benefit to as all.
Thank you for giving me a chance to comment.
Stay well,
JAZU
.(Y NEWPOPT SERCH
CITY OF'�..
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John Combs,
2231 Bayside Dirive 11
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August 23, 2002
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
Gary Smith
2227 Bayside Drive
Corona Del Mar, CA 92625
Re: 2223 Bayside Drive
Dear Mr. Smith:
I received your photographs depicting the extension of the sandbag line on the beach in
front of 2223 Bayside Drive. After discussing this matter with other members of the
Harbor Resources Staff it was decided that the scope of work done to extend the sand
bags and back -fill behind them was not a large enough project to require a permit for the
work.
Also, the earlier complaint from 2223 Bayside regarding the work done to your seawall
was reviewed by a Building Department Inspector and if you have not heard from them
by the time you received this letter, then probably that inspector decided the work done to
your seawall was also not large enough in scope to require a permit.
I hope that I have answered your questions, but if not please feel free to contact me at
949-644-3043.
Since I
Y,
Wes Armand
Harbor Inspector
Harbor Resources Division
3300 Newport Boulevard, Newport Beach
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SWIFT SLIP
DOCK AND PIER BUILDERS, INC.
2027 PLACENTIA AVENUE
COSTA MESA, CA 92627
TELEPHONE (949) 631-3121 - FAX (949) 631-3122
FAX COVER LETTER
FAX # (949) 631-3122
1
DATE: 4/5/01
PAGES TRANSMITTED INCLUDING COVER LETTER: 5 -
Wes Armand
To:
COMPANY NAME: City of Newport Beach, Marine D
FAX NUMBER: 673-3056
SUBJECT: 2227 Bayside Dr. Plan rher-k 124�;f;-2nQn
MESSAGE: Wes -I hope to pull this permit soon, so
I am faxing v ---
Thanks
Beth Swift
PLEASE RESPOND FOR YOUR INFORMATION Xx
IF YOU DO NOT RECEIVE ALL OF YOUR PAGES, OR IF YOU RECEIVE THIS FAX IN ERROR,
PLEASE CALL US AS SOON AS POSSIBLE.
COUNTY PROPERTY PERMIT I of 2
2001-00319 ENCROACHMENT PERMIT 4/5/2001
P -A KA S G 11:43:12AIM
949-509-6683
)��—';on offic� shalt oc rtoiifl�d
permitted use. FAILICJ]�
OLTA�IN INSPECTION SH"Ll.
VOID THIS PERMIT
PERMITTEE
Gary Smith
2227 Bayside Drive
Newport Beach, CA 92665
949-675-8510
Contact Person Gary
Telephone No.
Insured SWIFTSLIP [Road/State)
County of Orange
Public Facilities and Resources Department
County Property Perraits
Main Office: 300 North Flower Street, Room 122
Santa Ana, California 92703-5001
or.P.O. Box 4048, Santa Ana, California 92702-4048
Phone: (714) 834-3432 or (714) 834-5238
Fax : (714) 835-7425
PenriitNo: 2001-00319
Effective Date: 4/5/2001
12:00:00AM
Expiration Date: 10/4/2001
12:00:OOAM
FACILITY
Type Facility Name Number
Newport Harbor Tidelands HAT001
Policy 01500-26-11 Expires 2/l/2002
PERMITTED USE: User of County property is hereby authoi ized as follows, subject to provisions attached hereto:
To remodel -existing dock and install a Williamson Boat Lift within Orange County Tidelands, pursuant to Resolution No. 91-904,
and located within die c?,tonsion of pei-mittee's side property lines. PERMIT NOT EFFECTIVE UNTIL PERMITTED USE
APPROVED BY ASSIGNED INSPECTOR.
Code I
LOCATION OF WORK:
Street Address: 2227 Bayside Drive, Newport Beach. Assessors Parcel No. 052-012-03
Dimension/Type:
CONSIDERATION:
Types PWO#
HC EH68210
Payment Trust
Check
Check
Thomas Brothers: 919;E2 Area: NewportBeach
Permit Fees Suretv
$381.60 (2062) $1,000.00 (2092)
Check Date
24935 000-7198 3/23/2001
24990 000-7531 4/5/2001
PERMITTEF'S ACCEPTANCE:.
Penalt Total Total Fees $1,381.60
$0.00 $1,381.60
Amount Total Payment:
$100.00
$1,281.60
COUNTY APPROVAL:
4/5/2001
$1,381.60
PERIAIT M`ND APPROVED SHALL BE MAINTAINED ON JOB SITE PERMITEE SHALL COMPLY WITH
SiD.E.OF!P.,ERMIf--�'.ND ATTACHMENTS,
VI
U�EO I tak.LE�t cbf4LIANCE. THIS PERMIT IS NON-TIUNS B
Note: Surety will no( be refunded until Final Inspection is performed and submitted to County Property Pern ifts
California R -yional Water Quality 'ontrol Board
L�
Santa Ana Region
Winston Hickox lnternetAddt-ess: http://Www.swicb.�a�gov Gm, Davis
Sec'elaqjb' 3737 Main Street, Suite 500, Riyerside, California 92501-3339 Go��ernor
Phone (909) 782-4130 - FAX (909) 781-6288
Proleclion
October 24, 2000
Beth Swift
Swift Slip Dock and Pier Builders
2027 Placentia Avenue
Costa Mesa, CA 92627
PROPOSED ALTERATION OF BOAT DOCK, GARY SMITH, 2227 BAYSIDE DRIVE,
NEWPORT BEACH, ORANGE COUNTY
Dear Ms. Swift:
If standard dock construction methods and materials arc 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 determine 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 Jawed Sharni at (909) 782-3288,
DEPARTMENT OF THE ARMY (copy
LOS ANGELES DISTRIc-r, CORPS OF ENGINEERS
P.0 BOX 532711
LOS ANGELESj CALIFORNIA 90053-2325
November 20,2000
REPLY TO
Office of the Chief
Regulatory Branch
Mx. Gary Smith
c/o Swift Slip Dock &Pier Builders
Attention: Peter c. Swift
2027 Placentia Avenue
Costa Mesa, California 926.27
Dear Mr.Smith:
Reference is made to your request of October 23,2000 (File No. 200100111 -SMS), 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 widen a boat slip by 4.5 feet and install a boatlift in Newport Bay in the City
of Corona del Mar, Orange County, California, as shown on the enclosed drawings. This activit
y
includes pulling and resetting two steel pipe piles (12") and installing two steel "H" beams to
support the boatlift. The project does not require dredging or placement of fill in waters of the
U.S.
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 days 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.
Sincerely,
ON
George L. Beams
Cl Lief, Construction -
Operations Division P
Oh4 - lfr'L /.' 424 /00
DATEJ
STATE OF CALIFOW91A.--THE R
CALIFORNIA COA
South Coast Area Of2e,
29�bcear!9atq, Suite 11060
lond Beach, CX90802-4302
'106 590- 071',�
R) �_p
GRAY
ISSION - �
,- , " ": 1 Page: 1 of 3
Z,*
Date: 22 February, 206�
Permit Application No.:.5-00-454
NOTICE OF,INTENT TO ISSUE PERMI
Qn:13.February-20Q1,,jhe. California Coastal Commission granted to Gary Smith
Coasfai;beVe16'prnpnt Permit 5-6 0454 Subject io�t]16 attached* conditions, for
clev , e lopmpt..it con . s I stihg of: Widenin6� of a, boat slip by movingthe existing finger ove ., r to
creat6A Mdersilp grea.(frorn 16�:tb 2*0H)�.'creating aloriger backw6lk (4'-6" x 4'-V),,
removing, an existing hyOrb-hoist, rernovihg twa 12" steel piles, resetting two 12" steel
piles, insialling two n' w-,J0"."H" b
e sams. and the instair.ation of a new motorized boat lift,
!T- LIP-tO 7q, M .attO "Cef �', aft
I. ptl - -. N,40�_- speci �c-!!y desc.-;bed In
the application file in the Commission offices.
The development is within the
coastal zone in Orange County
At 2227 Bayside -Drive, Newport Beach.
The actual-,dOvelopm.ent armit is being. held in the
pp Commission office until fulfillment of
�Ahe�S�pedal Cbnd,itio,ns imposed by the Commission. Once these cond
itions have been
fulfilled, the permit will be'issued. For your information, all the imposed conditions are
attached.
Issued on behalf of the California Coastal Commission on 22 February, 2 1.
PETER DOUGLAS Y:
Executive Director Title- rnn.qfq1�Pmnrnr'n A�nlv,
ACKNOWLEDGMENT
The undersigned permittee acknowledges receipt of this notice of the California Coastal
Commission dbterrhihatidn on Per rmt No. 5-0-0-45 , and fully understands its contents,
inclu'dinig all Conditions imposed.
Date Permittee
Please sign and return one copy of this form to the Commission office at the above
address.
g 7.M
gg
a4F*
CITY OF NEWPORT BEACH
October 17, 2000
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
Dear property owner:
I (J �� ?'I Z r7
The property owner at 2227 Bayside Drive has made an application to construct a
Williamson boatlift adjacent to his float at the above address. A copy of the
drawing depicting the basic nature of the construction is attached. We are
notifying you of this construction as required by the Harbor Permit Policies,
which states:
"Before issuing a Harbor Permit, for any work on oceanfront beaches or
for any unusual type of harbor structure, or for a structure on which the
applicant proposes a use that is not keeping with the surrounding area, all
property owners or long term lessees within 300' of the proposed work
shall be notified in writing by the Fire and Marine Department of the
pending application. Notice will be sent the (10) days prior to a decision
by the Fire and Marine Department, and after the department has
rendered a decision. The permit shall not be issued until the appeal
period provided in Newport Beach Municipal Code Chapter 17.24 has
run."
If you have questions about this construction or wish to discuss it with me
further please call me at 644 3041.
Sincerely,
Tony Melum, Director
Harbor Resources Division
3300 Newport Boulevard, Newport Beach
21027 Placentia Avenue Costa Mesa, C A 92627
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CITY O�
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John Combs, Tv ge4lAllv
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FIGURE I
The U.S. coast Guard take
Tahoe Station installed a new
boat lift fty hop WHI. help
them save valuable done to t.he
The IM witich, as" them to
drop the boat in the water in j=
a minvio Ot two, Was coxapf6mr!
last Thursday at a cut a f
S20'am The fin Must.dmp ftir
24-fout boa vM6 vaighs an
"It enablat M to lounch our
boat withoutcompoda; with the
public," accardiag to Earnest
Dolidgette, chid bowswafturtate at
ftitation.
Plimousty the station W to
launch their beat at the
neighboring pier which tho
Public um. lbatoculdtabou at
leasi rive vor In Minaret: 30agar,
Miftq�46d.
rive to 10 can be very,
Col. , 4 MdFuc said, —ft kwp
KialromadiAtercsPommodcall
the lu�"
owner
of Williamson Engineering. the
company that dedgated, built and
installed ft Hilt, Mis is going
10 save surne lium It give; lharn
MM�MMAMCOM
W,-�
A
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Uke a fish out (of watex
Coast Guardsmen Flemming Overgaaril (aght) and Mark Robbins stand atop one of the
tesme vessels hoisted oul of The water :y the USCVs new electric Winch. See story at top left.
FIGURE
USPG gets
111ft from
newwinch
'Me U.S. Coast Gaud Lake
T4hoe Station inMLkd a new
boat lift OULY hope Will help
them savevaumble time in the
caw of am eatagcocy.
The Iil� which allows tbeat to
ban in the water in just
of Mo. was compitted
last Thumday at a coA a f
$20,M0. The, lift mun dmp, their
24 -foot ban which weltilts an
estimated five was.
"IT
er*bkx ag to launch our
bow withoul.competing with the
public," according to RameaL
Midgaitc, chief boatswainmate at
W6 $WhoL
Pliviousty the Station had to
launch their boat at the
neighboring. pier which the
public uses. That could take at
leasi five to, 10 minutes junger,
Midget said.
,,-.7ffmc rive to 10 cen be very
cal., "donto zutid� 'Weircep
it in iMmcdkm tespoom made all
the i
AgreedlimWilliamstut,owear
of Willianison, ftinecring. the
Company that designed, both and
installed the Oft. -Mks is going
to Savo some lives, It ghu them
WMV-boat-fiff.com
IAe a &h out of water
Coast Guardsmen Flemming Overgaard (rightj and Mark Robbins stand atop one of the
rescue vessels hoisted out of the water by the USCOs new electric winch. See story at top lek
VC1 DEVELDPENT CC 1NC FAX K 520"?22%21 P, 04
.949��l �11 22 PAGE
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FpPLIMff Is NAME C -A (Z fq I T- JOB RDMESS 2.� a 3- baw Je Or
WORKSHEET FOR BUILDING PERMIT APPLICATION
CITY OF NEWPORT BEACH
BUILDING & PLANNING DEPARTMENTS
PLEASE PRINT
1.PROJECT ADDRESS (NOT MAILING ADDRESS)
FLOOR
SUITE NO.
ZIP
NO.
-
-f5r2n
, 44A
X-
L---�--n - � /
LEGAL DESCRIPTION
No. UNITS
LOT BLOCK TRACT
OWNER'S ADDRESS
2.DESCRIPTION OF WORK
ESTIMATED $ VALUATION
EXISTING STRUCTURE SQ.FT.
PROPOSED NEW / ADDITIONAL SQ. FT.
NEW —I ADD ALTER [71- DEMO F_j OTHER
USE OF STRUCTURE No. OF STORIES
3.OWNER'S NAME
LAST
FIRST
M.I.
NO.
-
-f5r2n
, 44A
X-
L---�--n - � /
�PHONE
OWNER'S ADDRESS
-
CITY
STATE ZIP
4.APPLICANT'S NAME
LAST
FIRST
PHONE NPAID
11(l
? n ,I -j
I I
APPLICANT'S ADDRESS
CITY
S AT
XIP
=
5.ARCHITECT'S NAME
LAST
FIRST
S�F �049FV�ftRT
B&ACI
ARCHITECT'S ADDRESS
STATE
ZIP
NO.
--
ICITY
I
IPHONE
6.ENGINEER'S NAME
LAST
FIRST
STATE LIC. NO.
ENGINEER'S ADDRESS
CITY
STATE
ZIP
PHONE NO.
7.CONTRACTOR'S NAME
LIC.
CLASS
STATE LIC. NO.
CONTRACTOR'S ADDRESS
CITY
ZIP
NO.
flPHONE
LCOMPANY NAME (if different)
NEWPORT BUS. LIC. NO.
OFFICE USE ONLY
TYPE OF CONSTRUCTION
OCCUPANCY - GROUP
CLASS CODE
White: Buitding Dept YeLLow: Cashier Pink: APPHC
PERMIT NO.
PLAN CHECK NO,
PLAN CHECK FEE $
Craig Combs
2231 Bayside Drive
Corona Del Mar
CA 92625
September 6, 2000
Mr. Tony Melum
Deputy Chief
Marine Environmental Division
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
RE: Brian Ray Pier and Float
2233 Bayside Drive
Corona Del Mar. CA
Hi Tony,
Aaj - 7,z --z--7
In our meeting today, you told me that you have agreed to allow Mr. Ray to remove only that portion of his
illegal float, which extends across our common property line, even though the City code says that his float
must be five feet from the property line. Did Mr. Ray's surveyor RdM Surveying establish the property line
and show Swift Slip what is to be removed? Was your authorization and instruction to him in writing? Will
you please send me a copy of your agreement with Mr. Ray.
You also told me, that you told Mr. Ray, that he is not allowed to dock a boat there if it extends beyond, or
crosses, our common property line. Is this also in writing? Will you please send me a copy of it as well.
It is clear, by MT. Ray's actions, delays and efforts over the past several years, that he intends to put a boat
there. Should be do this, lie will be in violation of the Harbor Permit Policy which states "Boats moored in
private or public docks sliall not extend beyond the projection of the property lines of the property to which
the dock facility is connected in accordance with Section 20-C". In addition, he will also have violated his
agreement with you and the City. In the event that he does this, how will you and the City enforce the
Policy and his agreement? What measures will be taken to have him remove the boat?
Thank you again for your efforts in this matter and for keeping me informed, including copies of the
aforementioned.
Sincerely,
Craig rubs
NOTICE OF ADMINISTRATIVE CITATION
CITY OF NEWPORT BEACH
I= AND MARINE DEPARTMENT CitationNo.//Ictye -Zy:57-
MARINE ENVIRONMENTAL MANAGEMENT
CODEENFORCEMENT
3300 Newport Blvd.
Newport Bach, Ca. 93663
�949) 6"-3043
Citation Dxtqdi�7-2r-60T.
Im
An inspection of the premises located at
WAC
if different than
j iff. c--rrATi6N$I00.00 1—sr F RRE N(S) IS NOT COMPLETED By
A wo— U —CT 10
THE NEXT LEVEL CITATION IS NOW PENDAG AND YOU MAY BE CITED EACH DAY THE VIOLATION
Exim BEYOND THE CORRECTION COMPLETION DATIL OTHER ENFORCEMENT ACTION AND
PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED BY THE CORRECTION DATE.
2ND. CITATION $200.00 .......... JS NOW DUE AND PAYABLE
fk�fRD. CITATION $500.00 ............. IS NOW DUE AND PAYABLE
' 'HIS VIOLATI� �111 WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON . AND YOU
HAVENOTCO TED OR RESOLVED THE VIOLATION(S� AS OF THE CITATION DATE ABOVE.
NEWFORT BEACH MUNI.
CODE SEC
1-7. - �Oez"6^�JE,:.
RECEIPT ACKNOWLEDGED
WHITE (Violation Copy) CANARY (Hearing Copy) PINK (urlicer Lopy)
November 9,1999
Mr. Brian Ray
2 233 Bayside Drive
Corona Del Mar, CA 92625
Re: Harbor Permit Application for Revision to Dock
At 22J3 Bayside Drive
Dear Mr. Ray
The City is prepared, based on the documents submitted by yourself
and your adjacent property owner, to render a decision on your
application. However, another issue has arisen relati ve to the
unpermitted revision to your dock. In the last week of October City
Surveyors from the Public Works Department were at the site and did
an initial survey of the float and its location relative to the bayward
extension of your property line. Based on that survey it appears that
the unpermitted revision is across the pern-dt line between you and the
adjacent properties. As a result the City is unable to render a decision
at this point until a survey is done by the applicant to establish in fact
where the unpern-dtted revision is relative to the permit line between
the two properties.
Tl -ds survey must be done by a licensed surveyor and submitted to the
City within thirty days.
If you have questions regarding this or wish to discuss it please contact
me at 949-644-3041.
Sincerely
Tony Melum
Deputy Chief Marine Environmental Division
CRAIG COMBS
2231 Bayside Drive
Corona Del Mar
California 92625
July 27, 1999
Mr. Tony Melum
Deputy Chief
Marine Environmental Division
City of Newport Beach
P. 0. Box 1768
Newport Beach, CA 92658-8915
RE: Brian Ray Pier & Float
2233 Bayside Drive
Corona Del Mar, CA
Dea:r Tony,
At your suggestion, pursuant to out meeting last Thursday, the following is a chronology of events
leading to Mr. Ray's four years of knowledge of and continued effort to subvert, ignore and attempt
to change the City code along standing policy, as it relates to his pier and float.
1. In 1955 the City of Newport Beach issued a pier permit to Mr. Earl Wolfrurn and Mr. Bud
Dessenberg to constructajointly owned pier and slip at 2227 & 2231 Bayside Drive. Thispier
and slip where built 1956.
2. In 1963, Mr. WolfrUM who at that time owned the property at 2233 Bayside Drive (now owned
by the Ray's), requested and was granted a permit to construct a pier and float at 2233 Bayside.
Attached, is enclosure "A" 1 &2, a copy of Mr. Wolfrum's permitted pier and float.
3. In May of 1995, Mr. Leonard Baltzer listed his property at 2233 Bayside with Coldwell Banker.
Responding to the advertisement, I wrote Mr. Kent McNaughton, the agent, to inform him that
the Baltzer's float would not accommodate a 40' boat. This information had been provided to
me by Mr. Wes Armand, who said that a boat straddling the propertyline would be illegal. In a
later telephone conversation with Mr. McNaughton, he told me that he had explained this to his
prospective buyer, Mr. Ray. Attached, is enclosure" B" I & 2.
4. In 1995 Mr. Ray purchased the property at 2233 Bayside knowing full well what he was buying
and what his rights where concerning the pier and float..
5. On Julv 25, 1997 1 spoke with Mr. Ray regarding his new temporary floats and asked him to
remove them. Attached is enclosure "C".
6. On February 1.0, 1,998 Mr. Ray and Swift Slip applied for a permit to do repair work on "an
existing float". The resulting work included, increasing the width of the float to 6 feet from the
permitted 4 feet and adding a new 8 foot by 12 foot extension to the west side of the float. This
work was done in violation of the existing pier and float permit.
7. On February 24, 1998 1 spoke with you, Tony. In addition to those items discussed, you said
that you would research the original approval and get back to me. Attached is enclosure "D"
8. In your research letter of April 15, 1998, you said that " In reviewing the documents that we
currently have on file for both the permit at 2227 and 2233, it appears from those drawings that
the permit zone for each of those properties is just the bayward extension of the side property
lines out of the U.S. Pierhead line. As a result, the permit area available to each property owner
is defined by the bayward extension of their side property lines". "We researched our records
and the County of Orange records and do not find anything to indicate that it is other than the
above quoted policy" . "As result of the above, Section 21-A of the Harbor Permit Policies is
also appropriate and it states: "Boats mooted at private or public docks shall not extend beyond
the projection of the property lines of the property to which the dock facility is connected in
accordance with Section 20-C". Attached is enclosure T"
9. On May 4, 1998 in a telephone conversation, you said that you would request that Mr. Ray
remove the illegal float addition.
10. On June 26, 1998 you wrote Mr. Ray, informed him that he was in violation, asking him to
remove the float addition within 10 days, Attached is enclosure T".
11. On July 21, 1998 Mr. Wes Armand issued A Notice of Violation with a correction date of
August 2, 1998. Attached is enclosure 'G".
12. For the last year, since your citations was issued, Mr. Ray has: appealed to the Newport
Beach City Revenue Department, the Orange County Board of Supervisors, and to the
County's Public Facilities and Resources Department in an effort subvert the City code.
Each appeal, for just reason, was denied. Attached is enclosure '11", T', "J", "K", T" & 'M".
13. On June 30, 1999 Mr. Ray filed a request with your department to legalize his" illegally
constructed float and float extension".
Mr. Ray claims, believes and/or requests:
His application is for an "as built" replacement dock.
This is incorrect. All work Mr. Ray did was and is "illegal" including the float widening
to 6feet and the new 8foot by 12 Pot westerly extension..
Because of "non -perpendicular lot lines and the, curving bulkhead" along Carnation Cove, he
should not have to maintain a 5 foot setback from his float.
The bulkhead line is located bayward of my dock and is not curved. (see enclosure A-2).
Precise property line projections where determined, in accordance with the Harbor
Permit Policy, Setbacks C. According to yourfindings, "the permit area available to each
property owner is dejined by the bayward extension oftheir side property lines
(see enclosure E).
Swift Slip checked the wrong box, maintenance instead of revision.
Pete Swift knows the difference between maintenance and revision. I suggest, that Mr.
Ray asked Pete to check maintenance, believing that the City wouldprobably not check
it upon completion.
Historically, boats of various sizes have tied to Mr. Ray's float and have straddled the projected
Property line.
This is incorrect. In the 18 years from 1981 to 1999 that my neighbor, Mr. Jim Bridges
and I have lived on Bayside Drive no boat has ever been moored at this float. Attachedis
enclosure "N" (In Mr. Bridges note he refers to Lenny, that's Leonard Baltzer the previous
owner of Mr. Ray's property)
I am opposed to Mr. Ray's attitude and unending efforts, over the last four years, to do
what he has done, regardless of the Cities & Counties rules, codes and established policies,
in an effort to satisfy his own desires while taking away my property right's.
In addition, I am adamantly opposed to Mr. Ray's Harbor Permit Application dated
July 1, 1999 and to his requests to:
Legalize a "blatantly illegal" addition to a, long standing, permitted float.
Moor a boat with a length consistent with Harbor Permit Policy Paragraph 21B and
with a beam of up to 15 feet, which would cross my easterly property line not allowing
me the use of my approved and permitted dock easterly side tie.
I support you, your office and your position regarding my right's to the use of my dock and
slip, my easterly side tie and the right, should I request it, to extend my dock to within 5 feet
of my easterly property line.
Thank you again for all the time you have spent on this issue and for your continued
enforcement of established policy and my property right's.
Most sincerely,
Craie 7Cbs
JUL-30-99 03.32 PM METRO ONE INC 714 673 6701 P.02
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JLIL-30-99 03:32 PM METRO ONE INC 714 673 6701 P�01
FACSIMILE
TO: TONY
FAx 11 949-673-3056
FRom: BRIAN RAY
CC
DATE III Y30. 1999
RE: DOCK
Hey Tony,
I wanted to forward this letter to you that I received from Leonard Baltzer. HP I d I o m ntioned
� ja a s e
that he is trying to get a letter firom Wolfrom the previous owner, He also owned the lot next to Combs.
He was the one who put the pier in. He was shocked Leonard said that there, would even be a disioute.
I will forward his letter to you ASAP.
-:Lhaclk ) q
Y�
Arj,�n and Crystal Ray
2815 �hlr` Way (hiinf� Cn6 Inc )NeWPOrt Slach, California 92�0, rrietro I vu5jc.cof I j (q49) 673 6701 ton (949) 6)3 57Y2 tax
9 P�Iga 1 07/30/99 3:10 PM
I Ftom: Mike t,avmr TO: Wes and Tony Date: 6/29"9q Time: 9:1 !A4 AM page I ef 3
FACSIMILE COVER PAGE
To : Was and Tony
Sent 6/29/99 at 9:08:04 AM
Subject :
From Mike Lawler
Pages 3 (including Cover)
'Ales and Tony: Please review this draft of the attaohment to the Harbor Permit Application for my clients, Brian
and Crystal Ray, and let me know your comments and any suggested revisions before we submit it. Thank you.
-Michael Lawler Telephone: (949) 646-723G
I 0� I - S I I
1k) pi 01,44
Ram- Mike Lawler TO: WaS and Tony Date: 6/29/99 Time. 9:11:14 AM Page 2 of 3
DRAFT
Atlacluneirl to Harbor Permit Application
Brian and Crystal Ray
2233 Bayside Drive
June 2% 1,999
This is an application for an "as built' "replacement dock located bayward of the residence of
Brian and Crystal Ray at 2233 Bayside Drive, Newport Beach, The prior dock was badly
damaged inthe strong storms during the winter of-1997-98:..Tliet.wtino..(ioel, was, built after the
Fire and Marine Department of the City of Newport Beach approved a Harbor Permit
Application, dated 2110/98. The new dock is die sanie length and substantially the. sarrie
configuration as the dock that was destroyed. A noted exception is the new dock, also L-shaped,
has a relatively minor, four -foot extension of its base to accommodate the dry-docking of the
Applicants' two personal watercraft.
After the construction of the neiv dock was completed, the City Staff received a complaint from
Craig Combs, who owns the neighboring house and dock at 2301 Bayside Drive. Mi. Combs
thought a portion of the four -foot extension, while within the projection of the, Applicants'
property lines, encroached into the generally required five-foot set back. The City Staff
determined it did, and a citation was issued "for work to dock not according to Harbor Permit
Policies. " The citation required the removal of the encroaching section, The Applicants appealed
the citation.
The Applicants believe the City's exception to the five --foot setback, contained in Section 20C,
applies to this situation because of the non -perpendicular lot lines and the curving bulkhead along
Carnation Cove. Therefore, the Applicants believe they should not be required to maintain a five-
foot setback for their dock. As shown on the City's aerial photos, many of the docks of other
homeowners in Carnation Cove do not comply with the five-foot setback, because they also fill]
under this applicable exception. It would be a practical hardship or impossibility for all of the
homeoivners in this pad of the bay to both maintaina strict five foot setback and still enjoy the use
of their docks.
At the hearing on the appeal, it was held that the five foot set back may not apply to the docks
baywar-d of the homes along Carnation Cove, as suggested by the Applicants. However, the
he aring officer upheld the citation on another ground, During the. appeal hearing the City Staff
pointed out that the Applicants' contractor, Swift Slips, checked the wrong box on the application.
T-19 vi�m2?_ ;. � J I �L,_
minor change in configuration. The. hearing officer denied the appeal for that reason. It appears
the mistake on the application was either an inadvertent error or a misunderstanding of the
difference between "revision" and "mainttmance" (wliiQh terms are not defined in the: Harbor
Permit Policy.)
As stated above, the entire pier and dock, including the additional four feet, is within the
projection of the Applicants' property lines, It is in compliance wilh the Encroachment Permit
FROM : qNDRCW LAWLER COMPRNY PHONE HO. : 943 631 ?661 Tun. 29 1999 OBZ17��M P�
As stated above, the, entire pier and dock, including the additional four feet, is within the
projection of the Applicants' property lines. It is in cornplianoe with the Encroachment Permit
obtained by the AppEciaits from the County of Orange. Thel3noroaclanent Permit, which is
renewed annually, allows the Applicants to have a pier on public tidelands as long as it is within
the projection of the property lines. However, the County's permit is silent with regard to any
setbacks, The County defers to the City to set policy in this regard.
The Applicants request that the City of Newport Beach approve, as a Part Of this Harbor Permit
Application, the following (or substantially similar language):
"The five-foot s0back that is generally required in the Harbor Permit Policy, Section 20,
should not be strictly applied to the subject property because (1) the property lines at
2233 Bayside Drive are not approximately perpendicular to the. bulkhead line and (2) a
curve exists in the bulkhead line along Carnation Cove. Because of these unusual
physical conditiGns, special consideration will allow the Applicants to build and maintain
a pier and dock as long as it is within the projections of the property lincs, but not
necessarily within a five-foot setback, Therefore, existing pier and dock are allowed,
Furthennofe, the Applicants have the right to side tie a boat up to 40 feet in length on the
northwest side of their dock, even if the boat would straddle the projection of the property
line between the subject and the neighboring lots. 'This is provided the boat does not
unmasonably interfere with the normal use of the neighboring dock at 2301 Bayside
Drive."
The subject dock is designed and built to accommodate a boat up to 40 feet in length, and there is
=Aple room for a boat of that size without adversely impacting the neighbor's reasonable use of
his dock. Historically, since 1963, boats of varying sizes owned by the previous homeowners of
2233 Bayside Drive have side tied to this dock or its prcdocessor, even though the boats have had
to straddle. the projection of the lot line. This has been done in the past by informal, verbal
agreements between friendly property owners.
Finally, the Applicants also request that the City Manager reconsider Citation No, MC 99008 and
dismiss it, even though the appeal was denied. if the citation cannot be dismissed, in the
alternative, the Applicants request that the fine be waived and the required correction (removt
the encroaching section of dock) be deleted, If the setback does not apply hm, then there is no
Respectfidly submitted,
BriwiRay ( ryslal Pay
County of Orange
Public Facilities & Resources Department
John W Sibley, Director
January 22, 1999
Mr, Richard A. Higbie, Esq,
P� 0. Box 328
Balboa Island, California 92662
Subject:, State Tidelands Pier Permit Issue (Carnation Cove)
Dear Mr. Higbie,
tY
�2 plr�4-
Your letters on behalf of your clientMr. Briarl Ray, have been forwarded to the County's Public
Facilities and Resources Department (PFRD) for study and reply. We have reviewed the matter
and discussed it with City of Newport Beach officials,
The City's established policy for administration of State tidelands within City boundaries is in
conformance with State tideland grant conditions. Pursuant to a longstanding division of
responsibility between the City and the County, the City is entrusted to administer permits for
construction of private improvements on the tidelands. This city -county "partnership" provides
consistency in dealing with the public regarding the regulation of private uses such as piers and
continues to be supported by the County.
Based on the above, the County elects not to intercede in the residential pier dispute and defers to
the City to address the construction issues referred to in your letters. Ms, Grace Dove of
PFRD/Real Property can be contacted at (714) 834-6793 if you have further questions as to the
division of responsibility between the public agencies and the County's policy relating to these
matters.
Very truly yours,
�" 4k)4�
Clare Fletcher, Real Property Manager
Public Facilities and Resources D(�partriwnt
cc: John W. Sibley, Director, PFRD
Colin MarMillan, Fifth Supervisorial District
Tony Melurn, Deputy Fire and Marine Chief, City of Newport Beach
Wes Armand, City of Newport Beach
LOCATION: MAILING ADDRESS: TELEPHONE:
300 N. FLOWER ST P.O. BOX 4048 (714) 834-2300
SANTA ANA, CALIFORNIA SANTA ANA, CA 92702-4048 FAX # 834-5188
Timothy Rile
SY
Fire and.MarineCIiief
3 300 N6 N�port
q.P.O.BoxI768, 'Ni,"';
Newport Beach, CA 9,2658-.89,1
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
December 7,1998
Richard Higbie
333 Marine Avenue
PO Box 328
Balboa Island, Ca 92662
Re: 2233 Bayside Drive
I called you today to ascertain if you or Mr. Ray bad heard frorn the
County in regards to the issue of Mr. Ray's water rights bayward from
1-dS residence at 2233 Bayside Drive. You informed me that there has
been no word back regarding your request to the County and
requested an additional two weeks to pursue this matter. It has been
more than 30'days from our meeting with you and Mr. Ray at Marine
Division Headquarters.
Unless you can provide the City with evidence from the County that
they will make a determination regarding this issue by December 17,
1998, this office will commence with enforcement of the Harbor Permit
Policies and the City of Newport Beach Municipal Code.
If you require additional information regarding this matter, call 949-
644-3043.
Sinceyely,
Wes Armand
Craig Combs
November 17, 1998
Mr. Wes Aiiiiand
Fire and Marine Deparunew
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
RE: Higbie Letter of 11/10/989
Dear Wes,
Will You Please inforin Mr. Vasquez that:
1. The piei Mr. Hlabie refers to was built in 1963 by Mr. Earl Wolfrorn, Lhe property owner, in
accordance with a pennit issued by die City of Newport Beach Pursuant to die CiIy of Newport
Beach Harbor Perritit Policies, Section 20 and 21.
2, In die subsequent years between 1963 and 1998 (to date) for 35years no boat has been Inoored ill
this pier, ill conformance with die permit and Sect -ions 20 and 21.
3. Pi ior to Mr. Ray purchasing Ole property at 2233 Bayside Dr. ill July of 1995 both tic an(l his real
estate broker Mr. Kent McNaughton where informed of the restrictions contained in the Sections .
Mr. Ray purchased knowling full well what tic was buying and what he. could do with it.
4. Ill efuly 1999 Mi. Ray and Swift Slip applied for a pernrit to do repair work oil die existing pier
and float. This work was done in violation of die approved perini� footprint, The, float was
widened to 6' aud auqxtendon was added to the westerly side of die float, boO) in violation ofthe
approved pellull.
5. [it April ofthis year your office did a complete check of both City and County ()I Orange records,
This s"ch substantiated that die conditions of approval under which (his pier was Originally
perinited and built where correct and hat Mr, Wolfroin, knowing theirl, agreed to them.
6. Oil May 12' Mr. Tony Mcluin asked Swift Slip to renrove their illegal conwriedon.
7. Oil September 16"' you issued ,I Notice of AdIninist-radve Citadon, requesting UiaL die (,lost
exuaition be removed.
S. Now Mr. Ray hiLs now hired ati attorney to get die COuIAY to Illodify its long standing policies and
to ciicurrivent those of Ole City of Newport Beach.
It is (lie City dull administers ft policies by which Ina -rine cOusLrucLioll is executed within Newport Iku bof.
, Mi. Armand, diis coneiript has gone Oil 10119 enough. Will you please take conuoi of Ibis situation and
administer die Code as you are cinpowvred to do not Mr, V,escluez and The County Board of Supervisors.
Will you please inform Ille as to your icOulse ofacdoll. I (Tiank you for your cOnsidejadon and pro,ut)[
adennion to this matter.
Sincerely,
Craig Colliv
151.5 MONROVIA AVENUE NEWPORT5EACH, CA 92663 (714)645-1993 F" (714)645-8580
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
November 3, 1998
Board of Supervisors
County of Orange
10 Civic Center plaza
Santa Ana, Ca 92703
Gentlemen:
This is in response to the letter sent to the Board of Supervisors on
October 7,1998, from Richard A. Higbie, regarding County Tidelands
along Carnation Cove in Newport Beach (see attached),
In the first paragraph of the above mentioned letter, Mr. Higbie stated
"A number of piers permitted by the City of Newport Beach extend
into tidelands which are within the jurisdiction of the County of
Orange. The various pier owners have permits for the piers but the
pe;mits do not define the water space available to the individual pier
user".
This is an incorrect statement. Permits issued by the City of Newport
Beach have the permit area defined by the permit drawing and/ or the
City of Newport Beach Harbor Permit Policies, Section 20 & 21.
Respectfully yours,
61 ilow �!
Wes Armand
Fire and Marine Department
Marine Environmental Management
Cc: Al Vasquez, County Property Permits
Richard A. Higbie
Craig Combs
It of
\J
Craig Combs
October 29, 1998
Mr. Wes Armand
Fire and Maxine Deparunent
City of Newport Beach
P.O. Box 1768
Newport i3each, CA 92658-8915
Re: Higbie Letter
2233 Bayside, Drive
Dear Wes,
Mr. Higbie's letter to die County Board of Supervisors dated October 7" has inade, inaccurate and raise
SUACInCoLS, which,ns we discussed today, should be clarified.
Ili his letter, Mr. fligbie states dial: " piers permitted by the City of Newport Beachfull lvj�jjjn ille
jurisdiction of the County of Orange". While die water area is withill die county, the governing policy tails
within die authority of The City of Newport Beacb, The city lias the control and authority to perinit piers
aiid docks. This is clenrly stated in tile City Harbor Pei -'nit Policy Sections 20-C (which derines the perinit
zone) mid Section 21-A (boats inoored at private docks shall not extend beyond die projection of die
property lilies or Ifie property to which die dock facility is connected).
He also states Unit: "The various pier owners have perniusfor tile piers but Ili& permits do no[ de�ine ala,
rvater space availablefoi ipe individual pier user". This statellicilL is incoi reel. I'lle perinil, issued by Lh�,
oily does defiric Lhc witer spice available, as does Section 20-C & 21,A.
He -goes oil to state: "There is a polenlialfor misunderstanding ", I'llere is uo Inisundersutuding bere, (hQ
City liarbo( Perinit Policy is very clear This was further substantiated by tric field investig�lti()u firldirigs,
which you and Tony inade.
And filiely lie states, "A coulplaial was made to the Direci.or of jile Marine Department Cily of Newport
Be0chJOr lesolulion and (lie director was unable to senle ihe dispaje,,. TI)CIC is 110 dispute, Mr. Ray is ill
violitioll of die governing city code and is ullwilling to abide by it and correct his illegally constructed pier
and float addition. This is evidenced by your repeated request for corrections aird issuance of Notice ot
Administrative Ci[adon.
Aftei your call to mr. vasquez rl, die cou'lly to infoint hin, of die history ofthis isqje and dju ulcol-rect
statements Ili Mr. I-ligbit's lettei and attached pier drawings which do nol reflect Mr. Ray's illegal
Construction, I would hope diat you ale successful it, rQrninding hirl that US is [lot a County nilutel is Mr.
Higbie contends but rather one dun falls under thejulisdiedoll of die City or Newport Beacb. rhe Ci y
I-lalbOr Perunit Policy has been administered mid enforced by the city con,ecoy for Inauy years, arld siould
remain die responsibility of die city, not die county,
Thank You a.pin for our ineetin.c today, Please keep ure inforined ol'youl progress as you know over Piolu
inondis have passed since olis issue
be removed. ' Caine up and I aln InOst anxious to have it resolved and die iflegual dock
Sincerely,
Craig Corubs
1535 M(.)Nl((.)VIA AVENUE NEWPOWI DCACII, CA 92663 (�14)645-1993 Pax (-114)645-8580 0
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
September 16,1998
Brian & Ray Crystal
2223 Bayside Drive
Newport Beach, Ca 92�25
Re: pier permit
The level of citation reached in this matter is at a point where a citation
may be issued each day the violation exist. The work done to your
dock has a portion within the required set back. This was brought to
your attention months ago and to date the correction has not been
done. Please contact your contractor and have him remove the
encroaching portion of your dock within ten working days from the
date on this letter. Failure to do so will result in a third citation. Third
citations are $500.
Sincerely
an
es A -r
Fire and Marine Department
11 H 0
Jim Bridges
q R C, ri 4 1 6-)
K/E- F:IR$T H0VGV 70
22017 BAYSIDE DIRI �IE-
QIDM o�j-Vj. DuRlt,%,)G-
'T 4 4T ji:�IERIOD
) F
Loi's OR 'm 13 F
4 SOAT PT LEOW�
d N"
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
July 29, 1998
Craig Combs
2231 Bayside Drive
Corona Del Mar, Ca 92625
Re: 2233 Bayside Drive
Dear Mr. Combs:
In response to your recent inquiry regarding the status of the
encroachment at 2233 Bayside Drive, this office issued a Notice of
Violation on July 21, 1998, to the property owner with a correction date
of August 3, 1998,
1
If the violation exist on August 3, an Administrative Citation will be
issued. If the violation is not corrected within a specified time, a second,
or third citation will be issued if necessary, The citations have
monetary penalties up to $500.
If you have further questions regarding this matter, please call 644-
3043,
Sincerely,
Wes Armand
Fire and Marine Department
STATE OF CALIFORNIA - THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
?00 Oceangate, I Oth Floor
Long Beach, CA 908024302
(562) 590-5071
�, PETE WILSON, Govemor
Filed: 05-06-98
49th Day: 06-24-98
180th Day: 11-02-98
Staff: RMR/LB r-r4r—
Staff Report: 05-15-98
Hearing Date: June 9-12, 1998
Commission Action:
STAFF REPORT: REGULAR CALENDAR
APPLICATION
NO.: 5-98-21
Building coverage:
NA
Pavement coverage:
APPLICANT:
Gary Smith,
Craig Combs
and Brian Ray
AGENT: Shellmaker, Inc.
PROJECT LOCATION: 2227, 2231 and 2233 Bayside Drive, Newport Beach,
Orange County
PROJECT DESCRIPTION: Sawcut the existing 12 inch wide seaward wall footing,
reinforce the existing landward wall footing, and install a four foot high
(one foot three inches above bay grade), 7 inch wide and 120 foot long sheet
pile directly seaward of the existing wall. No fill of open coastal waters is
proposed. The voids reated by erosion and undercutting in the rear yards
landward of the retaining wall/Beawall will be filled.
Lot area:
NA
Building coverage:
NA
Pavement coverage:
NA
Landscape coverage:
NA
Parking spaces:
NA
Zoning:
NA
Plan designation:
NA
Project density:
NA
Ht abv fin grade:
NA
LOCAL APPROVALS RECEIVED: Approval in Concept from the City of Newport Beach
Fire and Marine Department, approval from the Regional Water Quality Control
Board
SUBSTANTIVE FILE DOCUMENTS:
City of Newport Beach Land use Plan, Coastal Development Permits 5-97-223
(Shea/Albert), 5-96-045 (2231 Bayside Dr., De Minimis Waiver), and 5-93-283
(2227 Bayside Dr., Consent Calendar)
l.k
. 4-��
-5,+VV C u 7 A'jq 6
Remove exces-s
Pao n /V I
- OO&J5,42G 4 A J;.g
gpc- L-7 r /-- P / z. c-
SO[MINGS FFE EXPRESSED IN FEET AND DENOTE
ELDVIONS BASED ON MEAN LOHM LOW WATER,!..,
Coastal Development Permit #5-98-021
original Proposal (with reference to sawcutting for Modified
Proposal shown)
Lary
. e j
, I
. XHIBIT NO.
APPLICATION NO.
0rZj6-jK)6L P-lIfl
a, C California Coastal Commission
shellmaker inc.
Alpril 24,1998
California Coastal Commission
South Coast Area Office
200 Oceangate, 1 Oth Floor
Long Beach, CA 90802-4302
Re: 'Coastal Development Permit #5-98-021
Attn: Robin Maloney -Ramos
..Dear Mr. Maloney -Ramos,
APR 2 7 7998
CALIFORNIA
COA11AL COMMISS10t,4
I am writing in response to your letter pertaining to the site visit on March 31, 199& My
.clients are trying to come up with a reasonable repair that will protect the existing
patios and flat work from further damage. The original concept that we submitted to
you would accomplish this aim with very little risk to the existing structures, However,
We have reviewed your letter and realize that there are restraints that your department
must work within.
My clients are anxious to come up with a solution that will satisfy the Coastal
Commission's requirements as well as minimize the damage that they have incurred.
We have reviewed the project with the project engineer and we now propose the
following:
• Sawcut the existing footing on the seaward side to make it flush with the existing
wall.
• Move the erosion control wall back so that the inshore waler is flush with the
existing wall.
• Dowel in and cast a larger footing on the inshore side of the existing wall.
In changing the parameters of the project, the erosion control wall will protrude about 7"
from the seaward face of the garden wall. This is actually 5" less than the existing
footing which at its base actually extends seaward out about 12" from the seaward face
of the existing wall.
It does increase the risk of losing the existing structures during construction, but we
feel that if we exercise extreme caution and use additional shoring that we will be able
to accomplish this compromise. I have enclosed conceptual drawing which illustrate
what we are proposing. If you have any questions, please feel free to contact me.
Sincerely,
Lisa E. Miller
President
875 B West 15th Street, Newport Beach, California 926653 Phone (714) 548-5359 Fax
General Engineering Contractors/License No. 561434/Marine Construction and
EXHIBIT NO.
APPLICTTION �No,
5- ?e� o2w
I -CH -FR
rZeVist"C, padmi-
Iftcal"Ornift C0,18tal co-mis5lan
shellmaker inc.
may 6,1998
California Coastal Commission
South Coast Area Office
200 Oceangate, 1 Oth Floor
Long Beach, CA 90802-4302
Re: Coastal Development Permit #5-98-021
Attn': Robin Maloney -Ramos
Dear Mr. Maloney -Ramos,
MAY 8 199B
CALIFORNIA
IS
- -)A.S7't.L COM.M. , SIO,
Following up on our telephone conversation this morning I would like to confirm that the
oy changes to the a bove referenced project in my letter to you dated April 24, 1998 are
acceptable to your office. As I stated before, this method adds a substantial amount of
risk to the project but we feel that we exercise extreme caution in construction to
mitigate the risk. This option will accomplish the aim of deepening the footing to
prevent erosion in the future as well as protect the existing structures. The only other
option is complete replacement which, as you and I have discussed, we have sought to
avoid.
The proposed project as modified will also preclude the need for any mitigation. I am
sending a copy of this letter as well as our past correspondence to Priya Finnamore at
the Army Corps of Engineers so that she can modify her permit. I spoke to Priya this
morning and she really need to hear from your office so that she can process the
paperwork on her end. I would appreciate it if you could give her a call at (213) 452-
3402.
Thank you for your help on this project. You mentioned to me this morning that you are
trying to get this on the June calendar. Please send me the permit notices and I will
have them posted at the jobsite.
Sincerely
;,_� 2
Lisa E. Miller
President
A\"f.) \
cc: Priya Finr)puq@
Craig C"
Kpr. distribution)
EXHIBIT NO. C,
APPLICATION NO.
IF - j j3 - o 2� 1
4 ET1-6 (Z
(4EC44tDIV�-
(W Milifornia CDastal
875 8 West 15th Street, Newport Beach, California 92663 Phone (714) 548-5359 Fax
General Engineering Contractors/License No. 561434/Marine Construction and Dredging
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
May 4,1998
My. Craig Combs
2231 Bayside Drive
Corona Del Mar, CA 92625
Re: Harbor Permit #105-2227 at(d #105-2225;
Dear Mr. Combs:
A question came up regarding the permit zone for the two permits
issued above. Generally the Harbor Permit Policy specifically Section
20-C, defines the permit zone as follows:
"20-C. The projection of the property line bayward of the same bearing
from the bulkheads shall generally be used in determining the
allowable setbacks for piers and floats.
The documents that we have on file for both the permit at 2227 and
2233 indicate that the permit zone for each of those properties is the
bayward extension of the side property lines out to the U.S. Pierhead
line. As a result, the water area available to each property owner is
defined by the bayward extension of their side property lines in this
case. We were concerned whether there were any additional conditions
that might affect this policy in the case. A research of 'our records and
the County of Orange records and did not turn up anything to indicate
that it is other than the above quoted policy.
As result of the above, Section 21-A of the Harbor Permit Policies is also
appropriate and it states:
"Boats moored at private or public docks shall not extend beyond the
projection of the property lines of the property to which the dock
facility is connected in accordance with Section 20-C."
What this does in effect is create a very small permit area for the dock
at 2233 Bayside Drive, however, we have found no evidence that the
permit zone for that property is other than defined by the above quoted
sections of the policies.
Richard A. Higbie, Attorney at La
333 marine avenue, p o box 328, balboa Island ca 92662
February 9, 1999
Wes Armand, Harbor Inspector
Newport Beach Fire and Marine Department
POB 1768
Newport Beach CA 92658-8915
phone
Re: Brian & Ray Crystal, Violation Pier Permit
2223 Bayside Drive
Dear Mr. Armand:
Both my client and I believe you have given insufficient
consideration to the obligation the City has to specially consider
the water space rights where the lots have converging property
lines. A refusal to consider this problem puts almost every pier in
Carnation Cove in violation of your interpretation of the rules.
Please let me know if you allow for a hearing or appeal to the City
Council prior to any citation being enforced.
Very truly yours,
.Kt"a� "'4t�
Richard A. Higbie
cc:
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
April 15,1998
Mr. Craig Combs
2231 Bayside Drive
Corona Del Mar, CA 92625
Re: Harbor Permit #105-2227 and #105-2223
Dear Mr. Combs:
A question came up regarding the permit zone for the two permits
issued above. Generally the Harbor Permit Policy specifically Section
20-C, defines the permit zone as follows:
"20-C. The projection of the property line bayward of the same bearing
from the bulkheads shall generally be used in determining the
allowable set -backs for piers and floats. Because there are certain
physical conditions which preclude the strict application of this policy
witkout prejudice to adjoining properties, special consideration will be
given to areas where precise projections of the property line have not
been determined and the following conditions exist:
2. Where curves or angles exist in the bulkhead line,"
In reviewing the documents that we currently have on file for both the
permit at 2227 and 2223, it appears from those drawings that the permit
zone for each of those properties is just the bayward extension of the
side property lines out to the U.S. Pierhead line. As a result, the permit
area available to each property owner is defined by the bayward
extension of their side property lines. We were concerned whether
there were any additional conditions that inight affect this policy. We
researched our records and the County of Orange records and do not
find anything to indicate that it is other than the above quoted policy.
As result of the above, Section 21-A of the Harbor Permit Policies is also
appropriate and it states:
"Boats moored at private or public docks shall not extend beyond the
projection of the property lines of the property to which the dock
facility is connected in accordance with Section 20-C,11
What this does is create a very small permit area for the dock at 2233
15ayside Drive, however, we have found no evidence that the permit
zone for that property is other than defined by the above quoted
sections of the policies.
I hope this answers your questions. If I can be of further assistance
please call me at 644-3q4l.
Sincerely,
Tony Melum
Deputy Chief Marine Environmental Division
... . . . ... .
"Boats moored at private or public docks shall not extend beyond the
projection of the property lines of the property to which the dock
facility is connected in accordance with Section 20-C,11
What this does is create a very small permit area for the dock at 2233
15ayside Drive, however, we have found no evidence that the permit
zone for that property is other than defined by the above quoted
sections of the policies.
I hope this answers your questions. If I can be of further assistance
please call me at 644-3q4l.
Sincerely,
Tony Melum
Deputy Chief Marine Environmental Division
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
June 26, 1998
Brian Ray
2233 Bayside Drive
Corona Del Mar, Ca 92625
Regarding pier permit 10522331
Dear Mr. Ray:
TI-te City of Newport Beach Fire and Marine Department has received a
complaint regarding the pier and dock bayward from the property at
2233 Bayside Drive. Specifically, the complaint is that you have revised
your dock and the revision now has a portion of the float within the
required five-foot setback to the adjoining property.
A field inspection revealed that the pier has been modified and that a
portion is within the five-foot side boundary setback.
Our records indicate that you applied for and were issued a
maintenance permit, Under the conditions of maintenance permit there
sbould be no change in the existing dimensions of the pier and float.
This office contacted your contractor with a request to convey this
information to you with hopes there would be voluntary compliance.
However, to date, the violation has not been corrected.
T1 ds is notice that if the revised portion of the float is not removed
within ten working days from the date on this letter, we will begin
enforcement action to correct the violation.
If you required additional information in regards to this matter, please
call 644-3044 and request to speak to Tony Melum or Wes Armand.
Sincerely,
Wes Armand '
Marine Environmental Management
Cc: Swift Slip
r
1)
February 24, 1998
RE: New Float @ 2233 Baysiae Drive
Newport Beach Tony Malum 644.3041
Wes Almond 644.3.043
Regarding my telephone conversation w/ Tony Malum City of Newport Beach.
Tony Stated that the. new float was constructed prior to the issuance of a permit.
*Yes it was, however h� ove rlooked this.
The city should noti.6, the neighbors of it's intended installation.
That the float was An exact replacement of the old approved float.
Wrong, there was afloat whichteonard Balzer secured to the west side of the
float. (notpermited)
That the new float must, according to City regu I lations, be 5' from our common property
line,
The newfloat's location does not conform to this requirement..
That if the float was constructed over the common property line that it is my
responsibility at my expense to have the line engineered to prove it.
*Tony or Wes Almond will go out and eyeball the float location. The city does not
require the applicant to have the exact location determined by an engineer
Upon review of the original approved drawing dated 1963, the following was permitted:
From the end of the ramp a 4'wide, float 40'tong.
The float was located P from the easterly property line and at the south end of
the float the dimention from the 2233 easterly property line and the. east side
of my dock is 32.5'.
The float was a straight float, with NO extensions or additions.
The float was located 5' easterly of the westerly property line at the south end of'
the float.
The Balzer added addition was notpermited, th&efore the new westerelyfloat
extention is illigal.
Tony stated that he will research the original approval of both 2233 and 2231 and if he
finds that a condition was placed upon the approved dock at 2231 restricting and
eliminating the ability to side tit on the east side of the 2231 dock then the 2233
float as constructed will be Approved.
There is no condition legally recorded or otherwise.
Tony will be back to me when he complete his research.
I will arrange a meeting with him ASAP.
Italitized comments are my respons. e
Please mail permit to
Shellmaker Inc.
B75 B. West 15bh Stre
HARBOR PERMIT APPLICATION Newport Beach, CA 926
City of NehmQrt Beach FLUQ & Marine Department
Please Print: (Front & Back)
Craig Combs, Gary Smith, Brian Ray (714) 675-5343
2227, 2231, 2233 Bayside Drive, Corona del Mar 166��
3. New Construction — Revision Mai ce X Dredging
4. Fee $351.00 Check No . _`-'064NftffDa:t_e 12/3/97
S. Brief Description of Proposed Work: Installation of an erosion
_.control wall to protect exist ing garden wall netng underTtn-e�
adverse weather conditions
6. Submit Drawings(3) Include: 1.Location and dimension of
proposed structure 2. Location Of bulkhead 3. Location of
property lines and lot size 4. Location of channel markers within
200 feet of proposed project S. ExistinV ground profile, and area
and profile of any dredgin�r with elevations showing de th
relative to MLLW 6. Elevations of top and bottom of piYes and
bulkheads with respect to MLLW 7. Any special conditions
affectinv the construction or affecting boating operations. 7.
Owner Builder/Contractor Declaration/Insurance Information
7. Applicant's/Agent's Signature �p I
Date 12/4/97
�:ineiimaKer Inc.,..PreTident
8. Work can begin once the City has received evidence of the
following additional approvals and unu, bays been-motified to
i2roceed:
ONLY
07�AppUroEval in Concept. Date 7
Approval of the City of Newport Beach Council. Date
_7Approval of the Army Corps of Engineers. Date
7Approval of the California Coastal Coumission. Date_,::5_�/r_f
Approval of the City's Public Works Department. Date
Approval Of the City's Building Department. Date
County of Orange. Date
Issued. (Permit is stamped drawing) Date___
V/ site inspection. (gAll 644-3043 for gWQintment) Date
Site Re -Inspection. Date
Cunditions:
A%UM--Jr-,v-LTM4M DECLARM
I hereby affirm that I am exempt from the contractor's license
law for the following reasons: (Sec.7031d.5, Business and
Professions Code) �ny City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure,
prior to its issuance, also requires the applicant for such
it to file a signed statement that he is licensed pursuant to
permi
the provision of the Coi.,rractors License Law (Chapter 9,
corrmencing with Section '7000) of Division 3 of the Business and
Professions Code) or that he is exempt therefrom and the basis
for the alleged exeiTption. Any violation of Section 7031.S by any
applicant for a perm� . 1L .-;ubjects the applicant to a civil pernalty
for not more than five hundred dollars ($500).
I, as owner of the property, or my employees with wages as
Me—jr sole conl-)ensation, will do the work, and the structure is
not intended or offered Cor sale (Sec. 7044, Business and
P2:Dfessions Code: The Cf-atractor's License Law does not apply to
an owner of pro erty whr) builds or irrproves thereon, and who does
such work himseyf or th,ou�rh his own ernployees, provided that
such improvements are n,t intended or offered for sale. If,
hcwever the building- cu, iiTprovement is sold within one year of
cc'qpletion, the owner-1-ilder will have the burden of proving
that he did not build r�� improve for the prupose for sale.)
I, as owner of t'-- property , am exclusively contracting
wiF=icensed contracua:,s to construct the project (Sec. 7044,
Business and Profession, Code: The Contractor's License Law does
not apply to an owner oi property who builds or improves thereon,
and who contracts for SIL-"ri pro�ects with a Contractorl(s) License
pursuant to the Contr.-.Ic,orls License Law).
I am exempt undc-!. Sec. of Business and
7r--of—essions Code for th;,.3 reason:
Owiler Signature,
ca;,,tractor Shellmaker T,: .,.
Date
Telephone (714) 548-5359
Adc-1ress 875 "B" West 1.5t,: Street, Newport Beach, CA 92663
License Class A&B Board No. 561434 City License No. 96002210
LI=3:-TJ CONTRACTOR'S DECLARATIM
Ihereby affirm that I �.m licensed under provisions of Chapter 9
(commencing with SeclAol) 7000) of Division 3 of the Business and
Professsions Code, anl i.,�r lic s f4ll force and effect.
12/4/97
Contractor Signature Date
Shellmaker Inc., President
ITY OF NEWPORT BERCH
CITY OF
NEWPORT GERCH
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ITY OF NEWPORTAERCH
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!615 Monrovia Avenue I Costa Mesa, CA 92627
(711) 615-2812 Telex 678308 THOMPSON CSMA
IT 1
FIGURE 2- FLOATATI
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on all I s1des
UNIT DIMENSIONS
�.odel
Dimensions
(in)
c
Weight (lbs)
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In salt
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( I be)
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63
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96
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122
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96
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NEWPORT BEACH FIRE AND MARINE DEPARTMENT
May 4,1998
Mr. Craig Combs
2231 Bayside Drive
Corona Del 1\/Iar, CA 92625
Re: Harbor Permit #105-2227 ai d #105 -
Dear Mr. Combs:
A question came up regarding the permit zone for the two permits
issued above. Generally the Harbor Permit Policy specifically Section
20-C, defines the permit zone as follows:
"20-C. The projection of the property line bayward of the same bearing
from the bulkheads shall generally be used in determining the
allowable setbacks for piers and floats.
The documents that we have on file for both the pern-dt at 2227 and
2233 indicate that the permit zone for each of those properties is the
bayward extension of the side property lines out to the U.S. Pierhead
line. As a result, the water area available to each property owner is
defined by the bayward extension of their side property lines in this
case. We were concerned whether there were any additional conditions
that might affect this policy in the case. A research of our records and
the County of Orange records and did not turn up anything to indicate
that it is other than the above quoted policy.
As result of the above, Section 21 -A of the Harbor Permit Policies is also
appropriate and it states:
"Boats moored. at private or public docks shall not extend beyond the
projection of the property lines of the property to which the dock
facility is connected in accordance with Section 20-C."
What this does in effect is create a very small permit area for the dock
at 2233 Bayside Drive, however, we have found no evidence that the
permit zone for that property is other than defined by the above quoted
sections of the policies.
I hope this answers your questions. If I can be of further assistance
please call me at 644-3041.
Sincerely,
Tony Melum
Deputy Chief Marine Environmental Division
Cc: Ray and Brian Crystal
2233 Bayside Drive
Corona Del Mar, CA 92625
Richard A. Higbie, Attorney at Law 7, -Z13
333 marine avenue, p a box 328, balboa island ca 92662 phone (949) 673-7670 tax (949) 673-7673
February 9, 1999
Wes Armand, Harbor Inspector
Newport Beach Fire and Marine Department
POB 1768
Newport Beach CA 92658-8915
Re: Brian & Ray Crystal, Violation Pier Permit
2223 Bayside Drive
Dear Mr. Armand:
Both my client and I believe you have given insufficient
consideration to the obligation the City has to specially consider
the water space rights where the lots have converging property
lines. A refusal to consider this problem puts almost every pier in
Carnation Cove in violation of your interpretation of the rules.
Please let me know if you allow for a hearing or appeal to the City
Council prior to any citation being enforced.
Very truly yours,
Richard A. Higbie
cc:
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
April 15,1998
Mr. Craig Combs
2231 Bayside Drive
Corona Del May, CA 92625
Re: Harbor Permit #105-2227 and #105-2223
Dear Mr. Combs:
A question came up regarding the permit zone for the two permits
issued above. Generally the Harbor Permit Policy specifically Section
20-C, defines the permit zone as follows:
"20-C. The projection of the property line bayward of the same bearing
from the bulkheads shall generally be used in determining the
allowable set -backs for piers and floats. Because there are certain
physical conditions which preclude the strict application of this policy
wittiout prejudice to adjoining properties, special consideration will be
given to areas where precise projections of the property line have riot
been determined and the following conditions exist:
2. Where curves or angles exist in the bulkhead line."
In reviewing the documents that we currently have on file for both the
permit at 2227 and 2223, it appears from those drawings that the pert -nit
zone for each of those properties is just the bayward extension 01 the
side property lines out to the U.S. Pierhead line, As a result, the permit
area available to each property owner is defined by the bayward
exterision of their side property lines. We were concerned whether
there were any additional conditions that might affect this policy, We
researched our records and the County of Orange records and do not
find anything to indicate that it is other than the above quoted policy.
As result of the above, Section 21-A of the Harbor Permit Policies is also
appropriate and it states:
4
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
April 15,1998
Mr. Craig Combs
2231 Bayside Drive
Corona Del May, CA 92625
Re: Harbor Permit #105-2227 and #105-2223
Dear Mr. Combs:
A question came up regarding the permit zone for the two permits
issued above. Generally the Harbor Permit Policy specifically Section
20-C, defines the permit zone as follows:
"20-C. The projection of the property line bayward of the same bearing
from the bulkheads shall generally be used in determining the
allowable set -backs for piers and floats. Because there are certain
physical conditions which preclude the strict application of this policy
wittiout prejudice to adjoining properties, special consideration will be
given to areas where precise projections of the property line have riot
been determined and the following conditions exist:
2. Where curves or angles exist in the bulkhead line."
In reviewing the documents that we currently have on file for both the
permit at 2227 and 2223, it appears from those drawings that the pert -nit
zone for each of those properties is just the bayward extension 01 the
side property lines out to the U.S. Pierhead line, As a result, the permit
area available to each property owner is defined by the bayward
exterision of their side property lines. We were concerned whether
there were any additional conditions that might affect this policy, We
researched our records and the County of Orange records and do not
find anything to indicate that it is other than the above quoted policy.
As result of the above, Section 21-A of the Harbor Permit Policies is also
appropriate and it states:
"Boats moored at private or public docks shall not extend beyond the
projection of the property lines of the property to which the dock
facility is connected in accordance with Section 20-C."
What this does is create a very small permit area for the dock at 2233
Bayside Drive, however, we have found no evidence that the permit
zone for that property is other than defined by the above quoted
sections of the policies.
I hope this answers your questions, If I can be of further assistance
please call me at 644-3q4l.
Sincerely,
Tony Melum
Deputy Chief Marine Environmental Division
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
June 26, 1998
Brian Ray
2233 Bayside Drive
Corona Del Mar, Ca 92625
Regarding pier permit 10522331
Dear Mr. Ray:
The City of Newport Beach Fire and Marine Department has received a
complaint regarding the pier and dock bayward from the property at
2233 Bayside Drive. Specifically, the complaint is that you have revised
your dock and the revision now has a portion of the float within the
required five-foot setback to the adjoining property.
A field inspection revealed that the pier has been modified and that a
portion is within the five-foot side boundary setback.
Our records indicate that you applied for and were issued a
maintenance permit. Under the conditions of maintenance permit there
should be no change in the existing dimensions of the pier and float.
This office contacted your contractor with a request to convey this
information to you with hopes there would be voluntary compliance,
However, to date, the violation has not been corrected.
This is notice that if the revised portion of the float is not removed
wifl-dn ten working days from the date on this letter, we will begin
enforcement action to correct the violation.
If you required additional information in regards to this matter, please
call 644-3044 and request to speak to TonyMelum or Wes Armand.
Sincerely,
Wes Armand '
Marine Environmental Management
Cc: Swift Slip
r 1i
February 24, 1998
RE: New Float @ 2233 Bayside Drive
Newport Beach Tony Malum, 644.3041
Wes Almond 644.3043
Regarding my telephone conversation w/ Tony Malum City of Newport Beach.
Tony * Stated that the new float was constructed prior to the issuance of a permit,
Fes it was, however he overlooked this.
7he city should notify the neighbors of it's intended installation.
That the float was an exact replacement of the old approved float.
Wrong, there was afloat which -Leonard Balzer secured to the west side of the
float. (notpermited)
That the new float most, according to City regu I lations, be 5' from our common property
line.
* The newfloat's location does not conform"to this requirement..
That if the float was constructed over the common property line that it is my
responsibility at my expense to have the line engineered to prove it.
*Tony or Wes AlInOnd will go out and eyeball thefloat location. The city does not
require the applicant to have the exact location determined by an engineer
Upon review of the original approved drawing dated 1963, the following was permitted
From the entl of the ramp a 4'wide float 40'long,
The float was located I'from the easterly property line and at the south end of
the float the dirnention from the 2233 easterly property line. and the cast side
of my clock is 325.
The float was a straight float, with NO extensions or additions.
The float was located 5' easterly of the westerly property line at the south end of
the float.
The Balzer added addition was notpermited, therefore the new westerelyfloat
extention is illigal.
Tony stated that he will research the. original, approval of both 2233 and 2231 and if he
finds that a condition was placed upon the approved dock at 2231 restricting and
eliminating the ability to side tie on the east side of the 223 1 dock then the 2233
float as constructed will bo approved.
* 77tere is no condition legally recorded or otherwise.
Tony will be back to me when he complete. his research.
* I will arrange a meeting with him ASAP.
* Itolitized comments are my respons. e
Please mail permit to
Shellmaker Inc.
875 B. West 15th Stre.
HARBOR PERMIT APPLICATION Newport Beach, CA 926
Ci ty of NekmQrt Bea ch ar-Q & Mar J n e DMartment.
Please Print: (Front & Back)
Craig Combs, Gary Smith, Brian Ray
2227, 22 31 2233 Bayside Drive, Corona del Mar
(714) 675-5343
3. New Construction — Revision Ma' ce X Dredging
4. Fee $351.00 Check No Da7t-E— 12/3/97
S. Brief Description of Proposed Work: Installation of an erosion
control wall to protect existing garden wan being underTtnvTt-t7-
6. Submit Drawings (3) Include: 1. Location and dimension of
proposed structure 2. Location of bulkhead 3. Location of
property lines and lot size 4. Location of channel markers within
200 feet of proposed project 5. ExistinV ground profile, and area
and profile of any dredginV with elevations showing de th
relative to MLLW 6. Elevations of top and bottom of piYe':s and
bulkheads with respect to MLLW 7. Any special conditions
affectinv the construction or affecting boating operations. 7.
Owner Builder/Contractor Declaration/Insurance Information
7. Applicant's/Agent's Signature �J I
� E - Date 12/4/97
ShellmaKer Inc.,.PreffidenE
8. Work can begin once the city has received evidence of the
following additional approvals and
P=eed:
OFF�M USE ONLY
V , Approval in
Concept.
Date
Approval
Approval
Approval
of
of
of
the City Of Newport Beach Council.
the Army Corps Of Engineers.
the California Coastal Comnission.
Date
Date
Date_J�0_/__�F
Approval of the City's Public Works Department. Date
Approval of the City's Building Department. Date
County of Orange. Date
issued. (Pe=LLt is stamped drawing) Date
/Site Inspection. (-csill 644-3043 for aWgintment) Date
Site Re -Inspection. Date
CITY OF NEWPORT BERCH
CITY OF
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ITY OF NEWPORTAERCH
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HARBOR PERMIT
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�CffyHAWItCOORDNATOR
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CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT
HARBOR PERMIT APPLICATION
(Please orint all information)
3. New Construction Revision Maintenance 1-�Dreclging
4. Fee :::I_'2:? Check No.
� 0 L
5. Brief Desgiption of Proposed Work:
6. Submit 8 1/2" x 11" Drawings (3), Include:
1. Location and dimension of proposed structure.
2, Location of bulkhead.
Lei
Date 2 C� T,-�Z
3. Location of property lines and lot size.
4. Location of channel markers within 200 feet of proposed project.
5. Existing ground profile, and area and profile of any dredging with elevations showing depth relative
to MLLW.
6. Elevations of top and bottom of piles and bulkheads with respect to MLLW.
7. Any special conditions affecting the construction or affecting boating operations.
8. Owner builder/Contractor Declaration/insurance Information.
7. Owner -Builder Declaration mus b erse side of this sheet)
8. Applicant's/Agent's Signature: Date7
9. Work can begin once the City has received evidence of the following additional approvals and you have
been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach
Municipal Code and subject to penalties.
10. Your permit will not be final until we have conducted an on site inspection once construction is
completed as per Municipal Code, Section 17.24, if we have not been contactedfor a final inspection.
OFFICE USE ONLY
Approval in Concept.
Approval of the City of Newport Beach Council.
Approval of the Army Corps of Engineers
Approval of the California Coastal Commission.
Approval of the City's Public Works Department—/Z)
Approval of the City's Building Department,
Approval of County of Orange.
Issued. (Permit is stamped drawing.
Site Inspection. (call 644-3043 for appointment)
Site Re -inspection
Conditions:
Date
Date
Date
Date
Date V71-7-7
Date
Date
Date aL2257-7
Date
Date
OWNER -BUILDER DECLARATION
I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. .
7031d.5, Business and Professions Code). Any City or County which requires a permit to construct, alter,
improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit
to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law
(Chapter 9,commencing with Section 7000) of Division 3 of the Business and Professions Code) or that
he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any
applicant for a permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500).
1, as owner of the property, or my employees with wages as their sole compensation, will do the
work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code:
The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and
who does such work himself or through his own employees, provided that such improvements are not
intended or offered for sale. If, however, the building or improvement is sold within one year of
completion, the owner -builder will have the burden of proving that he did not build or improve for the
purpose of sale.)
1, as owner of the property. am exclusively contracting with licensed contractors to construct the
project (See. 7044, Business and Professions Code: The Contractor's License Law does not apply to an
owner of property who builds or improves thereon, and who contracts for such projects who builds or
improves thereon, and who contracts for such projects with a Contractor'(s) License pursuant to the
Contractor's License Law).
I am exempt under Sec. of Business and Professional Code for this reason:
Owner's Slanature:
Contractc
Address:
,) _, �> A.,
Date: C,4� I Z
License class 4 StateBoardNo. Jb,�05!:�2 CityLicenseNo. _116_vll�& c?/�Z
LICENSED CONTRACTOR'S DECLARATION
I hereby affirm that I am licensed"u der provisions of Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and P/Oeii'lons Code,4nd my license is in full force and effect.
Contractor's Signature / // / I, _,_�7� 1. —Date:
CITY OF NEWPORT BEACH
August 8, 1997
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
Concord Escrow
22017 Bushard Street
Huntington Beach, Ca. 92646
RE: Harbor Permit# 105-2227-2, for 2227 Bayside Drive, Newport
Beach, Escrow #9747371
Sirs:
Regarding a pier permit transfer for the above mentioned property,
the structure was inspected on Au!�ust 8, 1997, at which time it was
determined that it conforms to City standards.
once we have the Transfer Application card, with both the buyer,
seller, joint permittee's signatures, and the remaining $163 for
the transfer fee, the permit will be transferred.
Sincerely,
Wes kwmAww
Harbor Inspector
�MF
3300 Newport Boulevard, Newport Beach
CRAIG COMBS
July 25, 1997
Mr. Brian Rays
2233 Bayside Drive
Corona Del Mar
CA 92625
RE: Personal Water Craft
Two Temporary Floats
Dear Brian:
When we
spoke on Saturday I wasn't
sur3 that I made myself clear regarding
your
two
new ternporary personal water craft floats. Positioning them as you
have
they
cross my property line. M
I mtntiQncd, my intention is to obtain a
new
boat
in the near future and side tie
it to the, cast side, of my dock, When
this
happens
you will have to remove
and or rrlocate your temporary floats,
I am
sure
you understand that with a
boat there access would be. difficult.
I will be happy to let you know in advance when I will be adding the additional
boat. Thanks again for understanding.
Sincerely,
Craig Combs
2Z31 BAYSIDE DRIVr '� CORONA DEL MAR * CA 92625
0 45� P
P0
> ITY OF NEWPORT BEACH
0 P.O. BOX 1768, NEWPORT BEACK CA 92658-8915
-141F0F0'%?-
July 3, 1997
Concord Escrow
22017 Bushard Street FMED
Huntington Beach, Ca 92646
Re: Harbor Permit 105-2227-2 for 2227 Bayside drive,
Newport Beach Escrow # 9747371
Sirs:
The City of Newport Beach Fire and Marine Department has received
a request from you to inspect the pier and dock for the property
located at the above mentioned address. The property was inspected
by a representative of the Marine Division.
We cannot transfer the pier permit until the following deficiency
has/have been corrected and WE HAvE BEEN NOTIFIED OF THE
CORRECTION:
1. An approved backf low prevention device installed downstream of
the water meter, landward of the bulkhead or high tide line. In
accordance with the California Administrative Code, all docks must
have this device installed at the facility. Please refer to
attached drawing.
2. The electrical receptacles must he GFI.
3. There is much deterioration of the decking. All decking that has
significant dry rot or broken sections must be replaced. All loose
boards must be nailed down.
4. It is recon7nended, but not required to transfer this pier
permit, that the floatation be replaced to provide better dock
stability.
5. This facility is a joint pier and the 'oint permittee must sign
the transfer application in the space i��icated.
PLEASE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE BEEN
CORRECTED. When we have been notified the structure will be
reinspected.
Sincerely,
Wes
Harbor Inspector
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
November 30, 199S
Zach Lindborg
2227 Bayside Drive
Newport Beach, Ca. 92625
Re: Pier Permit 105-2227-2
Dear Mr. Lindborg:
The mailing address for your permit has been 1305 N. Bay Front,
Balboa Island. It should have been sent to the Bayside Drive
address. Apparently this caused the delay in getting the
statement to you. The correction will be made on the address and
all future correspo
gi�den=itll o to Bayside Drive. Please send a
check for the or al (?3.5) to the City of Newport Beach
Marine Division, P.O. Box 1768 Newport Beach, Ca. 92658-8915,
attention Wes Armand. I will waive the penalty. Please submit
this by December 15, 1995.
If you require additional
please call 714-6 4-3044.
S nc
i ere�y,
UPA 3 &d
Harbor Inspector
information in regards to this matter,
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD.
P.O. BOX 1768, NEWPORT BEACH, CA 9265&8915
TIDELANDS - PIER PERMIT STATEMENT
LINDBORG, ZACH PIER NBR: RP10522272
1305 N BAY FRONT RUN DATE: 08/11/9s
BALBOA ISLAND, CA 92662
LOCATION OF PIER: 2227 BAYSIDE DR
ANNUAL FEES - BILLED 02/13/199S $35 00
PAST DUE PENALTY 17.SO-
INVOICE 199S-02 BALANCE DUE $
TOTAL AMOUNT DUE:
ev�
DIRECT ALL BILLING INQUIRIES TO THE FINANCE DEPT AT (7143644-3121 AND ALL
OTHER INQUIREIES TO THE MARINE DEPT AT (714) 644-3044. PENALITIES WILL BE
ASSESSED AT 2S% OF FEE FOR EACH MONTH DELINQUENT, UP TO AND INCLUDING 100%,
IN ACCORDANCE WITH NEWPORT BEACH MUNICIPAL RESOLUTION #8753.
Please detach and return the lower portion of this invoice with your payment
........... ............... — ............................ 11 ....................
ANNUAL PIER PERMIT DUE DATE: 09/01/95
LINDBORG, ZACH
TOTAL AMOUNT DUE:
MS RP10522272
PIER NBR: RP10522272
5250
$52.50
July 25, 1995
Mr. Kent [McNaughton
Coldwell Banker
Residential Real Estate
2 121 East Coast lj%Ny., Suite ISO
RE: 2233 Bays :
ide Drive
Dear Mr. McNaughton:
Pursuant to my telephone call to you yesterday you cold me that You had spoken
(0 [Ile perspective buyer of 2233 Bayside and notifie�d them that their private float %\,ill
NOT accommodate a 40' + yacht or any . boat which cross's our common property jile.
I have enclosed a copy of an engineering drawing of the pier and float plan which wa�
prepared for 2233 Bayside. It was given me by Mr. Wes Armand of the Marine Department,
Ci(Y Of Newport Be I ach. It should be helpful to You and your buyer.
Kem, will yoLl Pass (his information on to the your buyer, and will you please send me a
110(e confirming their knowledge of this information. Your buyer should know '.vIlm they
can do wi[lj their float and they should receive [his information from you, the broke-.
Thank )'OU for attending to'chis,
Sincerely'
Craig Combs
2 2 3 1
Cuiona Del Mar
CA 92625
01T 61-15- 1993
-7
July 6,.1995
Mr. Kent McNaughcon
Coldweil Banker
Residential Real Estate
2 121 East Coast Hwy., Suite 180
Corona Del Mar, CA 92625
RE: 2233 Bayside Drive
Dear Mr. McNaughton:
I am the property owner next door, to the west of your listing at 2233 Bayside DrivQ,
, Corona Del Mar. (n your listing, for this property, you state that the properties privgte Llock
,vill accommodate a 40'+ yacht. The only way that this can happen is if the boa( gocs over
the property line, which it can't do legally.
I wanted to bring this to your attention so that you can correct your adv(�r(jset
and notify perspective buyers. 11CInt
Sincerely,
Ccaig Combs
2231 Bayside Drive
Corona Del Mir
CA 92625
Off. 645-t993
5 e"xt. 7.610, q!�
4
Memo
TO: —2;�
FROM:
SUBJECT: /oV;�-
�0� / - 7 2- 2- 3
CITY OF
NEWPORT
BEACH
DATE:
COPIES TO:
SIGKATI��l
BUYERS' NAMEIS) ADDRESS OF FACILITY: PERMIT III
MAILINg ADDRESS - I - -
TELEPHONE NO.
I I I CHECK NO.
SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH T . ITLE 17
OF THE MUNICIPAL CODE.
CITY OF NEWPORT BEACH, CALIF. WX FORM 05-TOS2 RXV.
cm
I
AIPM�"'"
_arivA.
DATE
APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT
Jeek C. Weltao Trustee
OC14D
Zac ke" aIndborg
'rrustas
ENG
BUYERS' NAME(S)
NAMES TO BE TYPED)
F]
COUNCIL
PUBLIC WORKS
El
SIGNATURE OF SELLER SIGNATURE OF BUYER
DEPT.
ESCROW
SIGNATURE OF SELLER SIGNATURE OP BUYER
INSPECTION.
L-9
NA
3 GN AT UBE OF JOINT OWNER
APP5L."GICATION APPROVED (DATE)
ElCITY
HARBOR CO-ORDINATOR
SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH T . ITLE 17
OF THE MUNICIPAL CODE.
CITY OF NEWPORT BEACH, CALIF. WX FORM 05-TOS2 RXV.
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD.
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
TlDELA14DS - PIER PERMIT STATEMENT
PETER 04bRIEN
2223 BAYSIDE DRIYE
NEWPORT BEACHe CA 926oG
PIER NSR: 0105-2e23-1
RUN DATE. 09/19/94
-3 0
LOCATION OF PIER: 2223 8 AYSIDE DRIVE
ANNUAL FEES - BILLED 03/01 94 S6!.00
PAST DUE PENALTY 65.00
BALANCE CUE AS OF 09/01/94 $130.00
"Zo-k-? 0�1
y4ol _�74_t _j/
�� - we
�_a_* 61,11
MOM
DIRECT ALL BILLING INUUIRIES TO THE FINANCE DEPT AT (714) 644-3121 AND ALL
OTHER INQUIRIES TO THE MARINE DEPT AT (714) 644-3044. PENALITIES WILL EE
ASSESSED AT 25% Of FEE FOR EACH MONTH DELINQUENTo UP TO AND INCLUDING 1CCZ,
IN ACCORDANCE WITH NEUPORT BEACH MUNICIPAL RESOLUTION 48753.
---------------------------------------------------------------------
(PLEASE RETURN THIS TEAR -OFF WITH YOUR PAYMENT)
ANNUAL PIER PERMIT DUE DATE: 10/01/94
PETER O'BRIEN PIER NER: 0105-2223-1
TOTAL AMOUNT DUE: $130.DU
ADDRESS OF PROPOSED FACILITY PERMIT 0
11)3,oirn tq-a'110�1 (2), I.ID-5
M71NG AdbRESS
TCL HON
FE
(fHEPk NO
DATE
p�2-s
APPROVED BY
DATE
-ef
APPLICATION IS HER98Y MADE FOR A HARBO%PERMIT TO
/ a)o wc
CQNSTRIJCTI� 416(ltl
7"
AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF
ENGR
NEWPORT BEACH PERMIT PGL�ICIES D E ATTACHED DRAWING
0
By COMPANY
PUBLIC WORKS
rao
DATED
V DA
INSPECTION
fa NATUR
F]
FJ
SPECIAL CONDITIONS
BUYERS' NAME(S)
DATE
P �OVFP Ify
OC".
El
9PECIAL ONDITIONs: THIS P
OF THE MUNICIPAL CODE.
CITY OF NEWPORT BEACH. CALIF.
ADDRESS OF FACILITY:
CITY OF NEWPORT BEACH, CALIF.
IN
INA FORM 61.1010
PERMIT #
. , , e�." , a
"Itm 41114ots Ittly.
BUY=E (S� ADDRESS or FACILITY,
, jobw cr"t Is fts�,
MAILING ADDRESS , I I TPHONE NO.
12in D&Ysid& Dr., cm I
APPROVED BY: DATE APPLICATION IS HEREBY
I . - *I
PCHD
D
0
ENG
El
COUNCIL
F]
PUBLIC WORKS
DEPT.
ESCROW
INSPECTION
OF
-IEE
I CHECK NO. I DATE
r TO TRANSFER HARBOR PERMIT
BUYERS' RAME(S)
(ABOVE NAMES TO BE TYPED)
SIGNATURE OF JOINT OWNER
APPLICATION APPROVED (DATE)
rHis PERM IT 16 REVOCABLE BY THE
I APPROVED BY DATE
7,-
OCHD
ENOR
COUNCIL
PUBLIC WORKS
05PT �-7
EkRMr
INSPECTION
F-1
F-1
SPECIAL CONDITIONSi
CITY OF NEWPORT BEACH, CALIF.
SIGNATURE OF BUYER
SIGNATURE OF BUYER
IN ACCORDANCE WITH
ADDRESS OF PROPOSED FACILITY PERM"
v
TE CHECK NO
APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO
CONSTRUCTI ORR-
AT THE ABOVE LOCATION IN ACCORDANCE WITH T11E C" OF
NEWPORT BEACH PERMIT POLI AND THE ATTACHED
By COMPANY
DATED
DATE
SIGNATURE
CITY OF NEWPORT BEACH, CALIF.
WX FORM 66 1010
BUYERS' NAME(S)
ADDRESS OF FACILITY:
PERMIT
MAILING ADDRESS
ftLgPRONE NO.
FEE
;K NO.
DATE
APPROVED BY:
DATE
APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT
S
OCR% El
SELLERS' NAME($) SUYERS' NAME(S)
ENS
M ak Y-YPED)
COUNCIL
SIGNATURE OF BELLE OF BUYER
PUBLIC WORKS
;rIGNATURE
DEPT.
R E OF BUYER
ESCROW
SIGNATURE OF SELLER SIGNATU
INSPECTION
SIGNATURE OF JOINT OWNER
F-1
APPLICATION APPROVED' (DATE)
CITY HARBOR COORDINATOR
SPECIALCONDITIONS
THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17
OF THE MUNICIPAL CODE.
CM OF NEWPORT BEACH, CALIF.
PERMIT
BUYERS' HIMEM
ADD NESS OF FACILITY:
MAICING �DDRESS'
TELEPHONE NO. Fl;
I lArz
APPROVED BY!
DATE
APPLICATION IS HEREBY MU MIT
OCHb
0
SEILER' BIPERS� HAREM)
S-
ENS
(ABOVE NAMES �61 3 R)0i-YPED)
F1
COUNCIL
F-1
SIGNATURE OF SELLER j NATURE OF 13UYER
PUBLIC WORKS
DEPT.
ESCROW
SIGNATURE OF SfLLER SIGNATURE OF BUYER
INSPECTION
SIGNATURE OF JOINT OWNER
APPLICATION APPROVED (DATE)
CITY HARBOR COORDINATOR
SPECIAL CONDITIONSi
THIS PERMIT 15 REVOGAULft BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17
OF THE MUNICIPAL CODE.
CITY OF NEWPORT BEACH, CALIF. x lomm 6.101, Ray.
CITY OF NEWPORT BEACH
marine Department
July 28, 3.994
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATION 105-2223 BY PETER O'BRIEN
TO BUILD A NEW PIER AND FLOAT BAYWARD OF 2223
BAYSIDE DRIVE
Recommendation:
If desired, approve the application subject to the following
conditions:
1. Approval of the plans and specifications by the
City's Public Works Department.
2. Any electrical or plumbing installations on the
pier and float will require a City building permit.
3. Approval of the California Coastal Commission.
4. Approval of the Army Corps of Engineers.
Discussion:
This application is before the City Council as required by Section
23.T of the Harbor Permit Policies which states�
23. "BAYWARD LOCATION OF PIERS AND FLOATS - T. U. S. Bulkhead
b pecial permits
Sta. No. 1.04 to No. 106. Pie�ss sl�all e subject to s
approved by the City Council".
In the past, this property has never had a pier or float, and the
property owner has recently desired to construct a pier and float
bayward of the property. The plan submitted by the applicant meets
the City's design criteria and standard drawings, and based on that
fact, the Marine Department is recommending approval.
let/I --
T 0 �y� �Mlz u m �tlf-
Deputy Director
te
.7
M�
.�a-3
<",N
05 11 - )),)--3
VICINITY SKIETCH
Newpoar DAY, CALWOMWA
SbUrld,MJ25 Ore 0�c'
&4-,0 eA.7 below Aleon Zowffl ZOW
Pom?,. ol� h*&,C (7 A7 -/e&4. Ycirho, �,,Vjs
are Cotablesha �,A; 5 W�orre e vr.-
,./p It, FV
ricer
LL
PIE#- pz4rm/
21.17',VA C ro a W1
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
February 18, 1993
Mariners Escrow
4 Corporate Plaza
Newport Beach, CA 92660
Sirs:
/05', 22, 7-7
e' :--� � 1� ��'
ov�)V
Regarding a pier permit transfer for the property located at 2227
Bayside Drive, City Pier Permit 0105-2227-2:
The facility was inspected on February 18, 1993 at which time it
was determined that it conforms to Marine Department requirements.
When we have received the transfer card, signed by the previous
owner and the new owner, and by the joint owner of the pier, plus
the $300 transfer fee, we will be able to transfer the pier permit.
PLEASE NOTE THAT THIS IS A JOINT PERMIT AND THE TRANSFER CARD MUST
BE SIGNED BY THE JOINT OWNER, in this case,
2231 Bayside Drive. -f!
sinc
Tony
Tidr
3300 Newport Boulevard, Newport Beach
�'Z33
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659,1768
November 30, 1989
Dear Harbor Permittee:
On December 8, 1989 a survey crew from the City of Newport Beach
Public Works Deprtment will be on the beaches bayward of your
property. The purpose of the survey is to establish the existing
beach profile, in an effort to make an recommendation to the City
Council for approved locations for bulkheads for the properties
that have yet to bulkhead.
After we have established the existing beach profile we will
contact each property owner to solicit input relative to the
possible location of a bulkhead and then staff will make a
recommendation to the City Council for a policy establishing a
bulkhead location for the properties that are not bulkheaded.
If you have questions in this regard please call me at 644-3044.
Sincerely,
Tony Melum
Tidelands Administration
3300 Newport Boulevard, Newport Beach
�NCCter
Tort Center
ev rt
c.
Mcrow, Inc.
Branch 2430 W. Coast Highway
Newport Beach, CA 92663
Telephone (714) 631-5863
Date — . - 11/2/84
Reference Rqnrnw, Nn SS'A-7
2231 B!�yside Drive, Corona del Mar, CA 92625
City of Newport Beach
P 0 Box 1768
Newport Beach, CA 92663-3884
Attn: DB, Secretary
Enclosed please find signed transfer card for the above captioned property.
Sincerely,
gn PeL,,dEO
I
JR/ke
Enclosure
CITY OF NEWPORT BEACH
11.0. BOX 1768, NEWPORT BEACH, CA 92063-3884
October 17, 1984
Newport Center Escrow Co.
2436 W. Coast Highway
Newport Beach, CA
Attn: Jan REAGAN
Escrow 553-J
Herewith the tranfer card for the property at 2231 Bayside
Drive. As we talked about, the joint permittee of the
pier must also sign the transfer card.
The joint permittee is Earl H. Wolfrom, 31 Mira Las Olas,
San Clemente, 92672.
As soon as we receive the signed card we will transfer the
pier permit.
Yours truly,
-�W
DB,t-ecretary
3300 Newport Boulevard, Newport Beach
7,
P
C ATY OF NEWPORT BEACH
U
September 11, 1984
Newport Center Escrow
2436 West Coast Highway
Newport Beach, CA 92660
Attn: Jan:
Dear Sir:
The City of Newport Beach has received an application to transfer
pier permit # 105-2227 fOr the property located at 2231 Bayside Drive
Newport Beach, California.
The structure was inspected on 9/10/84 at which time it was determined
that the following deficiencies exist:
1. Anti -syphon device is needed on water line at dock.
2.
3.
4.
5.
In accordance with Section 10-D of the City Harbor Permit Policies:
"All structural deficiencies must be corrected ........ 1* 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.
If you have any questions, please contact me at 640-2156. Thank you
for your cooperation.
Sincerely,
4W440*"
/.a. .. I
Tony m7elm
Tidelands Administrator
CHN, Hall - 3300 Newpor( Boulevard, Newpoi-i Beach, C,1111"Orilla 92663
STATUS SHEET
HARBOR PERMIT TRANSFER
LOCATION 2231 Bayside Drive
Seller Desenberg Buyer Combs
Date Application Received:
PERMIT NO. 105-2231
te Fee Received:
Request for Inspection made by:
Escrow C6�ewport Center Escrow Date 9/10/84
Escrow Officer—Edie Minelli — Escrow No.
Address "2-- -el�lb 4-4-457fog-K Phone:
631-1400 or 631-5863
Date Inspection made:
Deficiency Letter sent: Deficiency corrected:
Transfer completed; Date
Inspection:
1. Locatior
2. P11.umbing:
3. Eledtrical:
4. Structural:
5.OTHER:
REMARKS:
Inspected by:
CITY OF NEWPORT BEACH
Marine Department
November 23, 1981
F_ 12 -
TO: MAYOR AND CITY COUNCIL
FROM'- Marine Department
SUBJECT HARBOR PERMIT APPLICATIONS 175-200,225-1204,
153-209, 225-706, and 175-500 FOR MAINTENANCE
DREDGING
Recommendation:
If desired, approve the maintenance dredging applications and the
placing of the dredged material on adjacent beaches or,hauled to
sea as indicated.
Discussion:
the applications require City Council'approval under the conditions
of approval pla ' ced on the City of Newport Beach General Permit for
Maintenance Dredging issued by the U.S. Army Corps of Engineers on
February 12, 1974 1 and subsequentlyamended on May 10,1977, to
allow beach restorations.
The locations and applicants for the proposed dredging and beach
restoration by placing the dredged material on adjacent beaches are:
225-706 Dale Long 706 South Bay Front
153-209 Richard V. Jordan 209 East Bay Front
225-1204 Andrew Glassell 1204 South Bay Front,
175-200 John J. Tuttle 2bo Via Lido Nord
The location and applicant for the proposed dredging and haul ing
of the dredged material to sea are:
175-500 Ronald E., Soderling 500 Via Lido Nord..
The staff has reviewed the projects and has determined that the work
will be done within the parameters of the Corps of Engineers' permit.
The - dredging contractor will place a filter screen around the dredge
area to.control turbidity. There is no.kn.own-eel-grass.in the vic:inity
of the projects.
Ali dredged material, as indicated, will either be placed on beaches
baymrd of.private residences to aid in the beaches' restoration or
will be ha:uled to sea and dumped.
DAVID HARSHBARGER, DIRECTOR
MARINE DEPARTMENT
1-1-7
lony Mel
Tidelands Administrator
TM.db
041, A
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BERNARD IN, DESENSERG
2231 SAYSIDE DRIVE
CORONA DEL MAR. CALIF, 92625
714 � 673-8391
Irving X. Burg
2301 Bayside Drive
Corona del Mar,.Cal1r..
Dear Irv:
On August 17 1981, 1 wrote a letter to you to complain about
your Porch which you bave extended beyond the existing sea wall
at your home, 2301 Bayside Drive, Corona del Mar, and about the
subsequent retaining walls you have built in front of your porch
to protef.:t it from surging high maters of the bay. I pointed out to
you that since your porch was built beyond the sea wall my beach
has gradually become erod,-d, getting worse each time you add more
protective wall out in the bay.
You made an addition last year or the year before at which time a
small cliff developed in my sandy front yard creating a dangerous
situation for anyone wo.l.!�Ang in the dark. This year my front yard
has been washed. out about 15 more feet, and for the first time
a garden box 15 feet long was completely des - troyed by sea water.
There is now a two foot cliff in my front yard and I am afraid
that during a high tide and. a south easterly storm my palm trees
could be undermined. They would fall on my house. My bed room is
within their fall pattern.
Last year for the first time since I moved here in 1942, storm
waters came UP into my front yard close to the shouse. This was
also true for Leonard Baltzer at 2233 Bayside Drive and Peter
O'Brien at 2223 Bayside Drive and for other neighbors. During the
recent five foot tides I have watched the unusual surge hit the
corner of your porch and other walls and swirl accross the beach of
your nearest neighbor, Mr. Baltzer and then coyltinue over to erode
my front yard. It looks to me like you are getting ready to once
again build a foundation In front of the wall that you built to
protect the porch that extends out beyond the sea, wall. I fear that
this will aggravate the surging waters and cause additional damage
to my beach front.
In my letter to you of August 17, 1 asked if you had received
governmental approval from all agencies concerned with protecting
'the water front for extending your porch into the bay and adding
restraining walls in front of your porch. To date you have not
responded to this question. I also asked what steps you are preADired
to take to correct the danger and t�le damage to ffjy property. There
2
November 3, 1981
has been some conversation but no action. The iron Plates which
are a part of your structure are.,rusting and are very unsightly.
As the storm season is approaching, I would appreciate hearing
from you as soon as possible.
Go :
-'CS i �n
ud e-enb-e-rs
Robert Wynn
City Manager
Newport Beach
Jim Bridges
2307 Bayside Drive
Corona del Mar, Ca.
Leonard Baltzer
2233 Bayside Drive
Corona del Mar, Calif.
Dr. Earle H. Wolfram
2227 Bayside Drive
Corona del Mar, Calif.
Peter G. O'Brien
2223 BaysiJe Dr.
Corona del M�-,r, Calif.
4
Mr. Bud Desenberg
2231 Bayside Drive
Corona del Mar, CA
Dear Budi
IRVING X. BURG
U301 BAYSIDE DUIVE - 11V:XT1101'HE. SullrE
CORONA DEL MAR, CA1,111011NIA 92025
(7L4) (175-U3r.
November 8, 1981
92625
,A.pparently you have forgotten that I did respond to your
previous letter. This time I 'Will send carbon copies to the
recipients of your November 3rd letter, so that oversight will
be less likely to occur.
There has indeed been erosion of the beacl-1 in Carnation Cove
since my arrival in mid -1972, but not confined to the O'Brien,
Wolfram, Baltzer, Desenberg, Burg and Bridges homes. It has
also occurred down to the Bayside Place Condominium homes.
,It has also occurred across the bay and at the State Beach.
During this time --frame the main channel to the bay has silted
to a height the old-timers have never'hefore remembered. The
channel between Big and Little Island has almost completly
closed, A new channel was developed alongside Bayside Drive
across from Promontory Point. All of these events have
changed the current flow in the bay and the subsequent move--
ment of the beach sands.
When I arrived in 172, there was a chain link groin parallel
to the Grout-Missler dock projecting into the bay about 125
feet. it had been there some five years, according to My-,
Couch. There was also a great amount of bare land being
drained into our flood control system ending at the public
access alongside the Tracy p6operty. Today that bare land is
developed and covered with roads. The.flow into our system
is greatly increased in both volume and velocity, but the
silt and sandthat usually accompanies such runoff is reduced.,
There is much more that could be said about the changes since
I arrived but this is enough to explain, in a neighborly way,
wh�r I cannot accept your direct link between the erection of
rti%, deck in 1973, the subsequent deepening of my foundation
in 1977, and the erosion now occurring.
As for this being the first time water approached your house
from the bay as well as Len's home, I have to remind you that
I have seen a small lake in front of Len's home every yei:.tr
since I have lived here until two years ago when he bulldozed
sand in front of his home, just as Petei. O'Brien did.
This goes back to when the Baltzer home was the Wolfram home
and was being leased. I cannot speak for your home, since I
do not have the easy view I have of Len's home.
Novembe- 1!D81, page 2 --
As for the depth of the sand in our cove, the topography maps
of the fifties show that the beach was much lower then. That
i�s borne, out by the pilings of our piers carrying back so far onto
the beach, the rotting.of the cross members that have been covered
by the sand buildup over the years, and the fact that the sea wall
in front of my home carries back between my home and Len's clear
to the house foundation. In fact, it is very possible that in this
time -frame of bay erosion, water following the old sea wall instead
of being diverted by my deck may very well have washed out your
sand well beyone the palm tree line. Obviously there has been a
sand buildup over the years just as there is now an erosion taking
place. The old-timers here at the companies who maintain working
crews on the bay tell me that this has always occurred and that
the ebb and flow of the currents constantly change as the bay
Eloor clianges. They also mention that our cove has had sand
buildozed tip on its beach more than once in the years past.
But that is not the point. The point is: what do we need to do
to keep our cove sand -full? The immediate solution seems to be
to pump sand back onto our beach� taking it from the buildup under
our docks and slips. Perhaps we could also benefit the owners on
Little and Big Island by letting them dump their sand,.that. is now
blocking their channel, on our beach. You accuse me of only
conversation, but it seems to me that at our last neighbor meeting
we were all to report on a specific responsibility to you, and you
were to coordinate a second meeting. Peter was to learn how the
Harbor Isle people secured that large pile of sand; Jim -was going
to find out if his son's construction company had portable pumps
available that could handle the job of pumping sand up on,our
beach. I was to check with.the sewage lift companies to see if an
affordable pump for that same type of work would move sand. And
you and Len were to check with the city to see if the dredging in
the bay channel could 'somehow be carried back to us so -that we
could have some of that sand dumped upon our beach. I have given
Len my information on the sand pumps available, and I am sure our
other neighbors have also completed their assignments. I will
partidipate in anything we decide to do.
I did receive the proper building permits for the construction
worl" perr.ormed at my home. As for the plates, I will happily paint
rl)um a color more pleasing to you if Irmeli will select one that
is possible to match with metal paint. The work I now plan to do
is to deepon the existing footing under the brick fence. Since
tli],� is tx-ing done,well within the existing retaining walls, you
riucd not add to your present anxiety and concerns.
Tho ultimate solution appears to me to be the building of the groins
at. Lhe public access area adjacent to the Tracy home and at the
Coa,sL Gucird station, as recommended by U'ie city's engineering report.
Tlw� second best solution might be Merle's idea of a sea wall extension
out into the bay in front of our homes with a sand fill behind being
rut.ained by the wall. That would have tAie added benefit of making
our boat slips storm -free.
Y-vember 8, 1981
Page 3
At any rate, I am as anxious as you are, Bud, to keep our cove
sand -full, and as I wrote you before and told you in person, I
will pay my share of whatever fee is called for. I will also
carry my share of the research or paperwork, as we decide on the
moves to make. But do not ask me to accept the "being the
cause." The problem is obviously much too complex and broad to
be so simplistically answered.
ixb/ejb
crS
Robert Wynn, City Mgr.
Cordially,
Irving X. Burg
Jim Bridges, 2307 Bayside Dr.
Leonard Baltzer, 2233 Bayside Dr.
Dr. Earle 11. Wolfram, 2227 Bayside Dr.
Peter O'Brien, 2223 Bayside Dr.
Merle Tracy, 2323 Bayside Dr.
4
.City of NeWport Be8ch
3300 Newport Boulevard Newport Beach, California 92660
714/673-2110
March 11, 1974
Mr. Earle H. Wolfrom
750 S. Norton
Los Angeles, Calif. 90005
Dear Mr. Wolfrom:
Enclosed please find a copy of Title 17.33 of the
Newport Municipal Code. This attached material
describes the pier registration fees assessed by
the City.
if you have any questions, please contact me.
Sincerely,
Glen E. Welden
Marine Affairs Aide
marine Safety Department
GEW: If
Enclosure
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