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Home My WebLink About133-0088CITY OF t WPORY 'ISEAt �� ' APp �ep Jfpy , r �1k, i" {� 1 V AT 8 O 0egg ir 4p or •er• w,,ofrr,09, M ,c W S k, e"eire.,a . V t l Al 17`Y fi-r c H 0%0 poeb ee. ; `; 44�i�wrll°f� �+► CA&SOW041A p 0+►r 3'dw�dPPP9� at mC L?IlrOF,.. o�irl�, eelew ren'a 0or 6,40,&V 4Gov /,vo 4 i r • r / .4 0 r',b /w %Podr i g � 6' lr pr. d� P�" r�✓ m � ROM. C?Qshr ,o. CSST; y-. Z'A5F_0 DOCKY r,;t oo '*x a a r, `ram,• ✓ J`��° P r ' 0000, ' P, "r �. go 'i ,. APPROVED x 05l02i1995 11:49 714-6730265, GUGGENHEIM HAUL bl ... ----••ram-•�� r CITY OF I. woo g q "�.4A APPLiwATtQN NO, r ,. . ' sip +rfr 40 adt �. • 4m all Q �, vim VICINITY 5k.8TCH � �••��. �,�. ,%fMD�r�9� srf Ir ►d*$ll 0A fio/ *"of aponfif �O Dl1 �QQr � We/ M 40 below 'MtON , Ld Ntr 4 0W "POP, Mftilofeo► R�pu,11eC f re^po oor wr LYft o �ru;�oi#ly+ ow1'rwrc '0 orAor 4hes ar r f !.•.Ir'�14vl� /fri r. ale zt-sr/if- -'-c—:titSF-D 00C1'C p L •� /rho dpr y ` `` moo OF do -.1 rL ,, go. 05/ F'2,i1995 11:49 714-67302�-_, G iGGENHEIM PAGE 02 CITY OF 6, APPLICATION li' 'G_4 L " 'I � q9a# Iq¢� n1'.6�t�. •r It'44sr FJ�:4� f '�� qqqq 1 1* � l "Fyy �14 M 9F,gp 2 i wad : u r; ' •-i �'� � � '. _" w, � ^�-a. Aa AP 0-wopt Aim, �d a r 1 x k IL k, If ' NA7°v a y I;-, '` vow sp n o � P' � �e si aAEan a• � ��^ .� `4 •{ N PP I CITY OF I tWPO"'BEACH` HARSOR APPL. TION NO. -473-48 ------------ - - --- m- A 0 -J 6 0 0 - E�1� 1112) 01 do Pcu-sc E 0 7015 ,.:5-17—& A 7' % pod VICI rJ I TY SKETCH Ivsrf /Zrrr cite "Pomr y, CAL Iroix NIA fit 4 below A-I:ro,7 CO eve, 4OW V76 Jcclo, 0i u Joe tf p EAJH A4dWd' l IT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF. AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH ,;ND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR R CITY COUNCIL. T RIGHTS GIVEN UNDER THIS PER RE PERMISSI Nl.Y AND THIS PERMIT, M Y BE RE KE BY THE CITY/COUNCI IN ACCORDANCE 7{'fL 7THE MUNIC AL C E. �EW Pp�, CITY OF NEWPORT BEACH U P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C'�G/ FO RN�P May 21, 1999 Mariners Escrow Civic Plaza 4 Civic Plaza, Suite 100 Newport Beach, Ca 92660 ]lie: Pier Permit 13300881 for 88 Linda Isle, Escrow # 2-1490-MS Sirs: The City of Newport Beach Marine Environmental Management Division has re- inspected the pier and float for the above mentioned property and has found that it meets City Standards. The pier permit will be transferred to David G. Moore once this office receives the signed application card and $161 balance due on the transfer fee. If you require further assistance in this matter, please call 644-3043. Si cerely, Wes Armand Fire and Marine Department Marine Environmental Management aI�� Lam/ 3300 Newport Boulevard, Newport Beach )CHD ENG COUNCIL PUBLIC WORKS DEPT. ❑ ESCROW INSPECTION SPECIAL MUNICIPAL CODE. PERMIT 1 OF THE b eco I i%LLUV �;F;MIS i�ADDRESS OF FACILITY: 300881 $�4ry Isle 9 TELEPHONE N0. I�FEE� CHECK NO. DATE TELEPHONE APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMI7 F. ROBERT GUGGEIMIN David G. Moore Ely) BUYERS' NAME(S) It -rn BE:TYPjbD)/ / a. A.# UNGIL IN ACC -- rill W% FORM 66-1013 REV. CITY OF NEWPORT BEACH. CALIF. 4031 THE IRVINE COMPANY��`��Le November 13, 2006 Aaron Harp, Esq. Assistant City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 Subject: Underwater Parcels, Newport Harbor Dear Aaron: Enclosed for Acceptance by the City of Newport Beach are: BYMESSENGER RECEIVED CITY 4r T ORNEY'S OFFICE CITY OF NEWPORT BEACH • Quitclaim Deed (Underwater Parcels — Fee Interest); and, • Assignment of Easements (Navigation Easements over Underwater Parcels), in favor of the City, fully executed and acknowledged by The Irvine Company LLC. Drafts of these documents were previously reviewed and approved by your office. Once the Acceptance has been signed by the City Manager, please return the documents to me for recording. Thank you for your assistance in processing these documents. If you have any questions or require any further information regarding this matter, please feel free to call me directly at (949) 720-2564 or send me an email at bmcmahonna irvinecompany com. Sincere y, Brigid D. McMahon Senior Director, Legal Administration Enclosures (2) cc: Dan Miller, TIC (w/o encls.)- Mary Westbrook, Esq., TIC (w/o encls.) 550 Newport Center Drive, Newport Beach, California 92660-7011 • (949) 720-2000 J 7a•' NAME ADDRESS OF PROPOSED FACILIT / �- r PERMIT #oo- �} ✓ d �w9 —MAILIN6 A06RESSi TELEPHONE NO. FEEl. CHECK NO. DATE APPROVED BY: DATE APPLICATIONIS HEREB✓Y. MADE FORIA HAIR OR PERMIT TO li STRUCT/REVISE A �'-"' AT HE ABOVE LOCATION IN ACCORDANCE -WITH THE CITY OF ,:.. ENGR j' NEWPORT BEACH PERMIT POLICIES AND ATTACHED DRAWING I�F �`�„�,� f BY COMPANY I COUNCIL DATED / ,. i ' DATE PUBLIC WORKSu1 /// .�- D�PT. /••'7 .... '.,! f' , 'INSPECTION SIGNATURE --- PERMIT # - ADDRESS OF FACILITY! ' BUYERS' NAME(S) TELEPHONE NO. FEE CHEC K N0. DATE MAILING ADDRESS ye�' I APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT APPROVED BY: DATE OCHD 1BUYERS' NAMES)it's.E151 (ABOVE I.IA�YIES TO BE TYPED),e ENG ❑ � A. COUNCIL py + ""-v�' "" ,,. SIGNATURE OF SELLcn d SIGNATU OF p:ER PUBLIC WORKSEl DEPT.` -,_"C:..;"' j . RE F,UYER - '� SIGNATURE OF SELLER r .ESCROW INSPECTION - �' SIGNATURE OF �APROVED (DA EI ❑ APPkICAT10N ❑ CIF; HARBOR• DRDINATOR IN ACCORDANCE WITH'TITLE-,T% SPEGIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE I✓`ITY COUNCIL OF THE MUNICIPAL COD •f. �^ W% FORM 66-1013 REV. i, CITY OF NEWPORT BEACH CALIF. k .. MARINERS ESCROW CIVIC PLAZA May 17, 1999 CITY OF NEWPORT BEACH/ MARINE DIVISION ATTN: WES ARMAND P.O. BOX 1768 NEWPORT BEACH, CA 92658 Re: 2-1490-MS RE: PERMIT #13300881 PLEASE INSPECT THE PIER & SLIP. THANK YOU. 4 Civic Plaza, Suite 100 Newport Beach, California 92660 Phone (949) 729-0199 Fax (949) 729-0190 We appreciate the opportunity to be of service to you in this transaction. Should you have any questions, please call us at the telephone number(s) referenced above. arin Escrow Civic Plaza ily Sauter Esbre4 Officer JJ REPORT FjR THE CITY COUNCIL AGENDA For Agenda of: July 10, 1995 Date A Title of report: HARBOR PERMIT 133-88 BY ROBERT GUGGENHEIM TO REVISE THE RESIDENTIAL FLOAT BAYWARD OF 88 LINDA ISLAND EU Report initiated by: City Council Date City Manager Date Other Harbors and Beaches Committee Date June 26, 1995 0 Does the report include a resolution, ordinance, agreement or other legal matter? Yes No XX D( Does the report recommend an expenditure? Were the funds budgeted in the approved budget? Yes No XX Has it been approved by the Finance Director? Yes No any other departments the report affects: Public Works 3 2. 4. Has it been discussed with each? Yes XX No ..st any attachments: Diagram of proposed revision. Ev;=l;late the potential environmental impact of this Agenda Item: 1. No potential impact XX 2. Categorically exempt Class 3. Negative declaration f 4. Environmental Impact Report Submitted by: Date: #L/ CITY OF NEWPORT BEACH Marine Department July 10, 1995 TO: MAYOR AND CITY COUNCIL FROM: HARBOR AND BEACHES COMMITTEE SUBJECT: HARBOR PERMIT 133-88 BY ROBERT GUGGENHEIM TO REVISE THE RESIDENTIAL FLOAT BAYWARD OF 88 LINDA ISLAND Recommendation: If desired, approve the application subject to the following conditions: 1. Approval of the California Coastal Commission. 2. Approval of the Army Corps of Engineers. 3. Approval of the plans and specifications by the City's Public Works Dept. 4. Condition the permit - that any vessel berthed at the new 80 foot finger not extend beyond the end of the finger. Discussion: This application was originally before the City Council on May 10, 1995. At that meeting, questions were raised by the adjoining property owner at number 89 Linda Island, regarding a purported easement between the property owner at 88 and the owner at 89 and concerns regarding navigation if the new dock were revised as proposed. As a result of those concerns, the matter was referred to the Harbors and Beaches Committee for review and report back to the City Council. On June 26, 1995, the Harbors and Beaches Committee met to consider those issues raised at the City Council meeting of May loth. As regards the purported easement between the property owners at 88 and 89, this issue had, prior to the meeting, been discussed with the City Attorney's office and they had indicated that the City's position historically has been to not have the City involved in the undertaking to adjudicate private contractual disputes and would recommend that this matter be left to the parties to resolve and that the only issue before the Harbors and Beaches Committee was the revision and whether it conformed to the City's Municipal Code, standard harbor drawings, and harbor permit policies. As indicated in the original staff report, the revision as proposed did meet all those requirements. Page 2 Staff Report Harbor Permit 133-88 As regards the navigational concerns, it was staff's position that the revised dock posed no navigational concerns and in point of fact, the revised dock, with its limiting condition, was no more burdensome from a navigational stand point than the existing float if it were used to its maximum. For the above reasons, the Harbors and Beaches Committee makes the above recommendation. Tony Melum, Deputy Chief Tim Riley, Fire Chief Fire/Marine Department TM/ib July 10th.SR CITY OF NEWPORT BEACH Marine Department June 22, 1995 TO: HARBOR AND BEACHES COMMITTEE FROM: Marine Department SUBJECT: HARBOR PERMIT 133-88 BY ROBERT GUGGENHEIM TO REVISE THE RESIDENTIAL FLOAT BAYWARD OF 88 LINDA ISLAND - REFERRED TO THE HARBOR AND BEACHES COMMITTEE AT THE MEETING OF MAY 10, 1995 Recommendation: If desired, refer the matter back to the City Council with the recommendation that it be approved as originally submitted by staff. Discussion: Section 17.04.200 of the Newport Beach Municipal Code defines the waters of Newport Harbor as all waters of Newport Harbor, whether or not the lands lying underneath the tidal waters are private or publically owned. Section 17.24.010 of the Newport Beach Municipal states that no person may build or alter a structure over the waters of Newport Harbor without first obtaining a written permit from the City to do so. Section 17.24.050 of the Newport Beach Municipal states that the Marine Director without City Council approval is authorized to approve and issue permits for new .structures and for revision to existing structures that conform to the provisions of this code, Standard Harbor Drawings adopted by the City Council and the Harbor Permit Policies adopted by the City Council. The application submitted by Mr. Guggenheim is within the waters of Newport and consist of a revision to an existing structure. It has been reviewed by the Marine Department and an onsite inspection of the property has indicated to us that the plans meet the requirements of the Newport Beach Municipal Code, Standard Harbor Drawings and Harbor Permit Policies adopted by the City Council. We have also reviewed the navigational concerns and have determined that the proposed revision poses no navigational hazard to the use of the adjacent property at 89 Linda Island, whether we're considering the interior use of the slip or the side tie between the landward most finger and the bulkhead of the property at 89 Linda Island. As an additional point, if the existing dock at 88 Linda Island were used to its maximum, as provided by the Harbor Permit Policies, a vessel berthed at that dock would extend further into the water area between 88 and 89 Linda Island than the proposed revision. In essence, the navigational concerns with the revision are less then they would be if the maximum sized boat were berthed at the existing dock. In addition to the above, as regards the purported easement between the property owners at 88 and 89 Linda Island, this has been discussed with the City Attorney and he has indicated that the City's position, historically, has been not to have the City involved in undertaking to adjudicate private contractual disputes, and we would recommend that that be left to the parties to resolve over and above the issue of the appropriateness of issuing the Harbor Permit revision. For the above reasons, staff is again recommending approval of the application and that the Harbor and Beaches Committee recommend to the Council that it be approved as originally submitted. Attached for the Committee members information are three letters submitted by the applicants attorney, the attorney for the property owner at 89 Linda Island, and the attorney representing the Linda Island Homeowner's Association. Nothing in those letters have caused staff to change their recommendation. Tony Melum Acting Marine Director z c �P go9- May 11, 1995 CITY OF NEWPORT BEACH �'- P.O. BOX 1768, NEWPORT BEACH, CA 9265&8915 Resident 89 Linda Isle Newport Beach, CA 92660 Re: A Harbor Permit Application by M. R. Guggenheim to Revise Their Residential Float Bayward of 88 Linda Isle Dear Resident: The City of Newport Beach at its meeting on May 22, 1995, will consider a request by Mr. Guggenheim to revise his residential float bayward of 88 Linda Isle. If you have any questions regarding this application or wish additional information, please contact the Marine Department at (714) 644-3044. Sincerely, Tony Melum Acting Marine Director tmguggen.1tr 3300 Newport Boulevard, Newport Beach CITY OF NEWP ORT BEACH ED En [If -i ROLL M 3�WAxooz CALL w3A=60o All Ayes May 22, 1995 MINUTES The motion, as amended, was voted on and carried. 19. HARBOR PERMIT APPLICATION NO. 133-88 - Report from Marine Department recommending approval of application by Robert Guggenheim to revise the residential float bayward of 88 Linda Isle, subject to conditions in the staff report. Christopher Cooper, Attorney representing property owners John and Candice Schwartz, 89 Linda Isle Drive, stated that the Schwartzes' property is the beneficiary of a private easement which runs from the bulkhead of Lot 88, 55 feet out into the waterway. The reason for the easement is so that the Schwartzes can use their dock in a safe manner. Presently, as the Guggenheim lot sits at 88 Linda Isle, the dock does not extend their bulkhead; therefore, Lot 89 enjoys the proper ingress and egress to and from their dock. It is the Schwartzes' opinion, that the proposed 20 foot dock extension will also create a navigational hazard, cut off the sea wall or bulkhead part of their dock, and as a result, decrease the value of their home. In addition, the proposed dock is not uniform in design, thereby violating the CC&R's of Linda Isle, and creating a nuisance and eye -sore. In response to question raised by Council Member Edwards regarding the private easement referenced earlier, Mr. Cooper stated that the subject easement was specifically designed to enable the owner of Lot 89 to safely bring his or her boat into the dock. Tony Melum, Acting Marine Director, stated that the applicant had originally proposed a dock that was 20 foot longer than what is being requested at this time. Because of the orientation of the revised float and the position of the dock at 89 Linda Isle, the Marine Department was initially concerned about potential navigational problems between the two floats when exiting and entering their slips. As a result of the two property owners not being able to come to a compromise, the Marine Department was asked to handle the navigational issue, and therefore, recommended the dock be reduced to 80 feet, and that the permit be conditioned so that they would not be able to tie up any boat beyond the end of the finger. This compromise basically puts the dock in conformance with the Municipal Code and Harbor Permit policies. He added that the Marine Volume 49 - Page 199 INDEX Harbor Perm Apl No. 133-88 (51) CITY OF NEWPORT BEACH ROLL 3F-MAx'Oz CALL W 3g2000 Motion All Ayes xl MINUTES May 22, 1995 Department only learned last week of the private easement involved, and have not had an opportunity to meet with Mr. Cooper regarding this new information. Following discussion, motion was made by Council Member Watt to refer this item to the Harbor and Beaches Committee for a report back in 30 days. 21. SPECIAL EVENTS APPLICATION - Report from the Community Services Department recommending approval of request, subject to conditions in the staff report, of Application No. 95-130 by Balboa Island Business Association for the Balboa Island Pride Day Parade on June 11, 1995, 11 a.m. from the intersection of Jamboree Road and Bayside Drive to the intersection of Marine and Park Avenues. The remainder of the event to take place from 11:30 a.m. to 2:00 p.m. on Marine Avenue between Park Avenue and South Bay Front. LaDonna Kienitz, Community Services Director/City Librarian, addressed the Council and stated it was the intent of the staff to recommend approval of this application, but it was not staff's intention to recommend waiver of the fees for City services and equipment which total $1,200. The City Manager noted that the majority of the costs to be incurred involve the Police Department. He noted that the City reviews twelve Special Events each year for "runs" pursuant to Council policy, and in each of those instances, staff time and equipment costs are passed onto the "run applicant." There have only been a few exceptions where the City costs have been absorbed and that is because the City was directly involved and/or actually sponsored the event. John Noyes, 221 Marine Avenue, Balboa Island, addressed the Council and stated that last year, the Community Pride Day Parade was fully underw itten by the City because of the grand opening of the new Balboa Island Fire Station. The event was very successful, and it is their hope the City would continue to give support for this year's parade. He also felt they could work with the Police Department to reduce some of their costs. Volume 49 - Page 200 INDEX Special Events Apl No.95-130 (27) STATE OF CALIFORNIA—CALIFORNIA ENVIRONME PROTECTION AGENCY — PETE WILS.ON, Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION 2010 IOWA AVENUE, SUITE 100 v� RIVERSIDE, CA 92507.2409 _ Gc!� PHONE: (909) 782-4130 FAX: (909) 781-6288 C.- August 15, 1995 Karen Torkildson Swift Slip Dock and Pier Builders, 500 30th Street Newport Beach, Ca 92663 PROPOSED RESIDENTIAL DOCK REVISION, MSOMEONE_03 ISLE, NEWPORT BEACH, ORANGE COUNTY Dear Ms. Torkildson: If standard dock construction methods and materials are utilized, this project should not adversely impact water quality. A statement has been submitted that there will be no waste discharged from the proposed project. Based on these -assurances, clearance is provided. However, should the Army Corps of Engineers 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 me at (909) 782-3237. Sincerely, M. Allen Salter Engr. Associate CC: California Coastal Commission, Long Beach Army Corps of Engineers - Bruce Henderson City of Newport Beach, Marine Department Tony Mellum City of Newport Beach, Building Department - Faysid Jurdi MAS/(9)bluetagl.let CITY OF NEWPORT BEACH HARBOR PERMIT IEAMISSION IS HEREBY CFtANTE3 TO CO6HSTRUCT AND MAINTAIN THC FACILITY ',SHOWN ON THE RU.VZRSC HEREOF, AT THE SITE INSICAIEP, SULL pECT TO r Vt;OVrSli' NS OF THE HAR13OR PERM. IT POLIC:ZS OF 13CACH AND ANY SPECIAL CtINSiTIC."S HLh�!4",�0N. Ti So 1"1~RNI'l IS NOT TPANSFERABLE W:7,1:x T f a: ' d EN' ^u,'ahSENT C THE CITY HARBOR Cv'O` DL,JATOR Gri CATS TH: RIGHTS GIVEN UNDER 'PI ES PE-RftiI"1' AREE G"1 RE;,HSSIVE >sULV AND THIS PERMIT MAY SL REVOKED Cad TRia C5..TY COUNCIL M ACCORDANCE WITH TITLE 17" OF T14E CI`II NXi PAL CODE. CIW HAR190I1 COORDINAT4R /,3.3-Af 9-a 7- PERMIT NO. DATE SPECIAL CONDITIONS: Core of Engineers Permit Orange County Permit Other: a. ?",-7 /- 7,, CITY OF NEWPORT BEACH Marine Department May 10, 1995 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT-: HARBOR PERMIT APPLICATION 133-88 BY ROBERT GUGGENHEIM TO REVISE THE RESIDENTIAL FLOAT BAYWARD OF 88 LINDA ISLAND Recommendation: If desired, approve the application subject to the following conditions: 1. Approval the California Coastal Commission. 2. Approval of the Army Corps of Engineers. 3. Approval of the Plans and Specifications by the City's Public Works Department. 4. That any vessel berthed at the new 80 foot finger not extend beyond the end of the finger. Discussion• This application is before the City Council as required by Section 5.B of the Harbor Permit Policies, which states: 5.B "Prior approval of the City Council will be required before the Marine Department may -issue any permit that does not conform to standard drawings and the adopted Harbor Permit Policies." The applicant proposes revising the existing U-shaped slip to a single finger slip, and increasing its length 20 feet. Because of the orientation of the revised float and the position of the dock at 89 Linda Isle, the Marine Department was initially concerned about potential navigational problems between the two floats when exiting and entering their slips. By conditioning the permit for 88 Linda Isle, as listed above, both docks will be able to access their available water areas without any potential for navigational conflict. Tony Melum Acting Marine Director CITY OF NEWPORT BEACH Marine Department May 10, 1995 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT-: HARBOR PERMIT APPLICATION 133-88 BY ROBERT GUGGENHEIM TO REVISE THE RESIDENTIAL FLOAT BAYWARD OF 88 LINDA ISLAND Recommendation: If desired, approve the application subject to the following conditions: 1. Approval the California Coastal Commission. 2. Approval of the Army Corps of Engineers. 3. Approval of the Plans and Specifications by the City's Public Works Department. 4. That any vessel berthed at the new 80 foot finger not extend beyond the end of the finger. Discussion• This application is before the City Council as required by Section 5.B of the Harbor Permit Policies, which states: 5.B "Prior approval of the City Council will be required before the Marine Department may -issue any permit that does not conform to standard drawings and the adopted Harbor Permit Policies." The applicant proposes revising the existing U-shaped slip to a single finger slip, and increasing its length 20 feet. Because of the orientation of the revised float and the position of the dock at 89 Linda Isle, the Marine Department was initially concerned about potential navigational problems between the two floats when exiting and entering their slips. By conditioning the permit for 88 Linda Isle, as listed above, both docks will be able to access their available water areas without any potential for navigational conflict. Tony Melum Acting Marine Director STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Govemor CALIFORNIA COASTAL COMMISSION - SOUTH COAST AREA 9 ri 245 W. BROADWAY, STE. 380 ` P.O. BOX 1450 LONG BEACH, CA 90802-4416 (310) 590-5071 Date: 10-16-95 PLANNING DEPARTMENT CITY OF NEWPOPT BEAV Waiver # 5-95-193 AM OCT 17 1995 PM 718,9110,11,12111213141516 NOTICE OF PERMIT WAIVER EFFECTIVENESS Applicant: Robert Guggenheim Please be advised that Waiver # 5-95-193 which was reported to the Commission on October 11. 1995 became effective as of that date. Any deviation from the application and plans on file in the Commission office may require a'coastal development permit for the entire project. Should you have ��iy questions, please contact our office. PETER M. DOUGLAS Executive Director E6: 4/88 5509F JA/lm STATE OF CALIFORNIA—THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 W. BROADWAY, STE. 380 P.O. BOX 1450 (310) 5M;-5 I TO: Karen Torkildson Swift Slip 500 30th Street Newport Beach. CA 92663 PETE WILSON, Governor 0"a- n at'e:__�e1R�mhPr SUBJECT: Waiver of Coastal Development Permit Requirement/De Minimis Developments —Section 30624.7 of the Coastal Act Based on your project plans and information provided in your permit application for the development described below, the Executive Director of the Coastal Commission hereby :waives the requirement for a Coastal Development Permit pursuant to Section 13238.1, Title 14, California Administrative Code. If, at a later date, this information is found to be incorrect or the plans revised, this decision will become invalid; and, any development occurring must cease until a coastal development permit is obtained or any discrepancy is resolved in writing. WAIVER # 5-95-193 APPLICANT:Robert Guggenheim LOCATION: 88 Linda Isle. City of Newport Beach County of Orange PROPOSED DEVELOPMENT: Remove an existing dock and pjle. Reuse the existing gangway and install a revised approximately 80'x8' dock and 4 new guide piles. RATIONALE: The proposed development would not extend further channelward than existing adjacent docks; would not result in significant adverse impacts to coastal access, coastal resources, and public recreation opportunities; and is consistent with the City's Certified Land Use Plan, past Commission actions in the area and the Chapter Three policies of the Coastal Act. This waiver will not become effective until reported to the Commission at their October 10-13. 1995 , meeting and the site of the proposed development has been appropriately noticed, pursuant to 13054(b) of the Administrative Code. The enclosed Notice Card shall remain posted at the site until the waiver has been validated and no less than seven days prior to the Commission hearing. If four (4) Commissioners object to this waiver of permit requirements, a Coastal development permit will be equired. r a.. • by: CHARLES DAMM South Coast District Director cc: Commissioners/file 5272F:jta SEW P0�� - ° CITY OF NEWPORT BEACH ~ n P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 U ? C �P gc�FoaN February 7, 1995 Swift Slip 500 - 30th Street Newport Beach, CA 92663 Re: Harbor Permit No. 133-88 for Mr. Guggenheim Dear Pete: As we discussed by telephone, for the Marine Department to approve the proposed revised dock at 88 Linda Isle, it will be necessary for Mr. Guggenheim to get the signed approval of his neighbor at 89 Linda Isle. It is our understanding that the applicant is pursuing that approval at this point, and we will hold the permit and not begin additional processing until that has been received. If you have any questions regarding the above, please give me a call at (714) 644-3044. Sincerely, Tony Melum Acting Marine Director Unpetesw.1tr 3300 Newport Boulevard, Newport Beach JACKSON, DEMARCO & PECKENRAUGH A LAW CORPORATION 4 PARK PLAZA - 161" FLOOR POST OFFICE BOX 19704 IRVINE, CALIFORNIA 92713-970.4 (714) 752-8585 LANCE A ADAIR EDwARD A. GA-0- MARC ALEXANDER JAKOB S. tIARLE GREGG A. AMBER F. SCOTT jACKSON HOMAS DARNOLD THOMAS D. PECKENRAUGH DAVID G BARATTI JOHN PETRASICH DIANE P. CARET ANDREW C. SCHUTZ LARRY A. CERUTTI JAY R. STEINMAN jo- W. COCHRANE .JAM ES D. WHITE IA. ES R. D[MARCO HELENE M.ZAZULAK STEVEN J. DZIDA Christopher K. Cooper, Esq. Sullivan, Workman & Dee 800 S. Figueroa Street, 12th Floor Los Angeles, CA 90017-2521 June 14, 1995 Re: Linda Isle Community Association Dear Mr. Cooper: REX A 111ITTRICK -11- FAX: (714) 752-0597 WRITER'S Dgj€=7430L NUMBER: OUR FILE NUMBER: 18582 'A As counsel for the Linda Isle Community Association, we have been provided with a copy of your May 25, 1995 letter to the Mayor and the Harbor and Beaches Committee of the City of Newport Beach, and the President and Board of Directors of the Linda Isle Community Association regarding the proposed dock extension at 88 Linda Isle Drive ("Guggenheim Property"). According to your letter, your clients John and Candace Schwartz, who reside at 89 Linda Isle Drive ("Schwartz Property"), oppose the proposed dock extension at the Guggenheim Property because the proposed dock extension (a) would encroach into an alleged easement in favor of the Schwartz Property, (b) would create a navigational and environmental hazard, (c) is not uniform with all other docks on Linda Isle, and (d) violates the Linda Isle Community Association CC&Rs. With respect to the purported easement in savor of the Schwartz Properly over portions of the Guggenheim Property, the adjudication of disputes relating to the existence and use of the purported easement is not within the authority of the Linda Isle Community Association, nor within the jurisdiction of any City agency, especially in light of the fact that the Date&'-�ac�cument creating the purported easement provides for extinguishment if the purported easement COPIES SENTTliFsed by means injurious to the Guggenheim Property. Resolving any issue regarding the 0MaY existence, use or extent of the purported easement is properly an issue that should be resolved between the owners of the Guggenheim Property and the Schwartz Property. SOUomey o Bldg. DIE The Schwartz's claim that the proposed dock extension would create a • GenSWDIC navigational and environmental hazard is similarly outside the jurisdiction of the Association, ❑ PB & R Dig although well within the City's area of concern. Please note that, although your letter mentions o Planning Dir an environmental hazard, you have offered no facts to support that position. ❑ Police Chia# V Ot ' Dir �� JACKSON, DEMARCO & PECKENPAUGH Christopher K. Cooper. Esq. June 14, 1995 Page 2 Your contention that the proposed dock extension is not uniform with the other docks on Linda Isle is somewhat beside the point. One could probably list several characteristics of the docks on Linda Isle and find one or more docks that differ from the remaining docks with respect to at least one of those characteristics. In addition, to insist on complete uniformity throughout the community would stifle innovation and creativity and lead to the ridiculous result of identical appearances for all properties on Linda Isle. The contention that the proposed dock extension violates the Linda Isle Community Association CC&Rs finally raises an issue over which the Association has jurisdiction. You correctly point out that Article VI, Section 1 of the CC&Rs requires that a homeowner's proposed structural improvements not be made unless they are harmonious with the external design and location in relation to surrounding structures and topography on Linda Isle. The only criteria which the Architectural Committee may consider in granting or denying Architectural Committee approval of the proposed dock extension for the Guggenheim Property are that the proposal must be harmonious with the external design and location in relation to surrounding structures and topography. However, the reference to view preservation and aesthetic beauty in your letter applies only to the approval of landscaping improvements. Article VI, Section 2 of the CC&Rs provides that no landscaping improvement which at maturity would exceed the height of the home on a lot may be planted or emplaced until the plans therefor are approved by the Architectural Committee with respect to preservation of natural view and aesthetic beauty. The "view preservation" criteria do not apply to structural improvements such as docks. We trust that this adequately sets forth the Association's position on this matter. If you have any questions concerning the foregoing, please do not hesitate to give me a call. Very truly, yours, J ob S. Harle JSH:cbp cc: Board of Directors, Linda Isle Community Association Honorable John W. Hedges, Mayor Councilwoman Jean H. Watt Councilman John C. Cox, Jr. 0204408.01 N'AMMEEI MAILING ADDRESS APPROVED BY; OCHD ENGR ❑ COUNCIL ❑ PUBLIC WORKS DEPT, ❑ ESCROW INSPECTION ❑ El DATE ADDRESS OF P ;ED FACILITY PERMIT N --� TELEPHONE NO. FEE CHECK NO. �� DATE APPLICATION IS HEREBY MMAAIII FOR AA HARBOR PERMIT TO CONSTRUCT/REVISE A&- 4 //�'e)cj�-- AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORRTTT pBEACH PERMIT POLICIES ANDp THE ATTACHED DRAWING BY ✓ W �� s �l COMPANY DATED C ! �S DATE SIGNATURE ev�v t� red %tC� GlO cL-,t- t /"AsS CITY OF NEWPORT BEACH, CALIF. ' WX FORM 68-1010 NAME MAILING ADDRESS APPROVED BY:^ OCHD ENGR COUNCIL PUBLIC WORKS DEPT. ❑ ESCROW _ INSPECTION El DATE ADDRESS 'TELEPHONE NO. FEE ' CHECK NO DATE :..�, APPLICATION. IS HEREBY MADE FORA HARBOR PERMIT TO CONSTRUCT/REVISE A`�+f AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT AND THE ATTACHED DRAWING jPOLICIES BY j(rV If COMPANY,,, DATED DATE SIGNATURE .. W r' i I'I H i•C 1 Iti L L/nt_ Y I 1 rXf CITY OF I EWPORT BEACH HARBOR APPLICATION 7-6 crto, pia , ELF Rtpu,zFc f1 42 tr r, \._ 13 Z CN��ri AV VICINITY SkETCH r �t Cafe .,�.:, �8rr Ni"-'�oq'► EgA CAL IF, gz t4 t, . dire /p SoClrftyrn95 ore r'cPressc-d /n F��f o ,d drnpter 0rpf:,5 br/ow til=o'; Co•vp, Ca..' 'a✓ry✓�'r. 140t1•rKl"rr roe, y r oPPp '- kj my �r/y fo :aer� /fos6oi /•ilea Q / c s %Q ✓�r•S ��.a c� !n +liro r g S.CC%eon, OTC, BOA: to �foo .a-$Tf}>r. ✓ t � 1 / .sae, 40 `fag , I do3 — 1. 90' JU,L-14 1 Ut "moo NL:WN ? I'IHKIl'ia LLF' 1 i 1<•}6 i.6,6U:5rb F'.6] Ll CITY OF �WPORT BEACH HARBOR APPLICATION NO. to carroti o � Mu � ro �r O or Iti : 1 v1.J01� Yf e C7 •Y T 47 C� �9 V'IC1rJlTY SkETCH •••fr /trTr «l r iJi.+a0Ar• �a CAL It00.NIA y ► J�rrr �� YUOIL Mo D2CDE r. .�-s�� Sov+1drnQ5 or,r rtPrcrsed in {2a'l o,,s drnolQ 3 belaw Lorvpr Cow }r✓O�ar, ivlotr.wvAr rC�ry� olr ( i V z 0Pf,rus,r""0�,/,>/ /✓ •ad/! /fOrBai l,;le5 ✓.7i5 Sec/.o� 0f^ w oif Bo � r• 40 r t c vt, oca Or 1645-Monrov1a*Avenue .X Costa Mesa, CA 92627 y (714) 645-2812 1 Telex 678308 THOMPSON CSMA FIGURE 2- FLOATATION UNIT DIMENSIONS Dimensions (in) Wei ht (lbs l Buoyancy (lbs ) wit plywood in salt water Model A B _ C top cover per inch total 1117 68 36I 16 96 68.95 1,103.2 1118 68 361 20 103 68.95 1,379.0 63 3G 3 14. 9a _ 68.95------- 973.9_ 1129 :.5' 601 48 81.06 1,187.6 1130 72 4a 1 ; _104 --- 122 --- 102. 71i- 1,151.2 1131 9'96 its. 14 tb1 110.0y —102.71 1,978.8 12310 ----r72 48 -- F — 128 1,657.7 1231 f' 96 48 16 _ _ 167 110.01 2,259.0 1430 2 — _ _ r8 23� -- 115 102.74 2,376.9 I131 0196 48 25 198 110.04 3,519.8 Patent No. 0 278 529 ■ w SPIRAL SPACING L spiral oil p1sL. 270 K 0 1 r r. n d SPECIFICATIONS - ----- 1 5 `6 k' CONCrd If ETREN0'TH----1'c 7000 FS10.1b t)lt.YO PILE SECTIO14 ill -Oil. 270 K W-11 A-82 AREA OF STEEL------ 353 ScIA. X 10 sivands 53 ;-(j INITIAL FORCE/sIRAND—, 300000 lbs. i'-'orcc @ Anoborase—(.70 x (27011(211 5kai x 3,53 cow —000014 AUBURN, Y IIFR, AR 'A WILSONVItti, OR FILEASANIONO CA CHANDL 1`7 X VARIEa PILE SECTION i,inute 5/133 separation KED F%Y G. N 0. A .0 7 - P P� . . . . . . . ,(ALE 14ona —T— j M 3m, JL 4,16 2, Y6, ---------- C'. t --lot act I lU w4m 3m A A L L L VMSL:�I� 51-1,4 L L L) F/P Or& 5&T7-L-:-re Ple--01110G� T1--1Z-::reE,4reE- A10 Z-00576z- /6VOTS� Ox? 0 ALL Z_ 014OL—,4P 7V F0 Fe�� A 2, 117LL L0A11e_Lz_p_ S1__441_Z_ "OL-7 PREZ:-ce,4L:7 % Al-L 4 F7-C-,e Sz)- W17-1-� 4Z-L &L: 4 1-01,17_1_?(71\1r` 47-LAA,177(fa 1�iXW111,4 REVIEWED BY PUBLIC VAJORE�3 DEPARTPOENT NO EXCEPTI()tIS TAKEN BY DATE WORK SHALL SE DONE IN ACCORDANCE IVM4 THE STANDARD SPECIFICATIONS FOR PUELIC WO 8 RK CONSTRUCTION AND IS SUsjECT To CITY lfqSpECMOM 1* Nal A Y;* f w ib 4#4 _j k I ago WWI t 'Y 1_4 to .4 ):e- a � '7 -/0 Z_ �:s7 f F7011,,atr 7 ),9'0/ /0 75 As Ye py NO. DATE REVISION: DRAWN BY SHEET P40. GUGENHIE DOCK DATE MARINE CONSULTING & DESIGN I SCALE 324 EL MODENA AVENUE NEWPORT BEACH, CA 92663 LINDA ISLE NEWPORT BEACH, CALIF 7- 714 642 - 2206 0 F SHEETS blt,H0P,ACCUPRFSS 140RDEP NO A5021 ra A RT C1�aFofk January 4, 1977 CITY OF N E'PO'T BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 640-2156 Coldwell Banker Escrow Escrow #5-2162 2161 San Joaquin Hills Rd. Newport Beach, Calif. 92660 Dear Sir: The City of Newport Beach has received an application to transfer pier permit # 133-88 for the property located at88 Linda Isle The structure was inspected on Jan. 4 at which time it was determined that the following deficiencies exist: 1, Electrical outlet box loose and bent. 2. Telephone outlet box loose and excess wire should bo( removed. 3. 4. a In accordance with Section 10-D of the City Harbor Permit Policies, "All structural deficiencies must be corrected....." A permit for this work must be obtained from the Community Development Depart- ment. Would you please advise this department when this requirement has been met. If you have any questions, please contact me at 640-2156. Thank you for your cooperation. Sincerely, Glen E. Welden Tideland Administrator Marine Department GEW:ll CITY -OF NEWPO,R BEACH HARBOR APPL....ATION NO. �3 To Lon 6eoch fEL. p • 4 Af o E ry cwPesr BAc6oa D - PiEt Bfq�n' � lSCANp /D a 33 e3e'F ' dwt 15 @oy DEL —A,C - ` E-9 ,� a VICI PJITY SKETCH - i JEYr _ NEwaoar Bay C,at, tFoaPtrA o y2 ! N (/ 'oU1,Of,, .5 owe exloressed /n f'aef and denofe /� depths be/ow /L!—o✓� Lower Low' Wo/er. /Yloxlnt�rn / ron9e of fide Opprvx/rr�ofe�y /�'peef Harbor ��:�e5 9 Ore esio6/!'shed in �h:s . sec��or/ ofNewPoif Bob � y R N Fj� 9 G ! p 1N1 .H. 38.00 cw / i .avPt/ccaT:S' 1VQJr�E T j f _ ✓0B �7GlJ�ESS vici NJ I TY SXETC,SrH N g v%;Poswr- 5 A y'CAL i if ovN i "n {reel ono� ci,-,? o /(:? col 6'. 417C6e7 lOrVer I-OkV W07'eee- Aloo-bo, 47e.5 Loi 9; =rT C-4 i C.,