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HomeMy WebLinkAboutM2002-0077Permit# / -3'1- -3 t DREDGING PERMIT STATUS Comments/Date Action Completed Permit Received o 3 Eelgrass Inspection 711o103 Sent to Agencies -7/c;�- /0 3 From Corps /0 3/� 3 From Coastal // -S-A-31 Notified OK to Dredge IL 3 Not Approved Completion Report 0-1-71, Comments: W P POSTDREDGING ns� COMPLETION REPORT -j� 1, 0 IU� The permittee shall send one (1) copy of the post -dredging report for each completed individual dredging project to the Corps and the CCC documenting compliance with all general and special conditions defined in this permit. The post -dredging report shall. be sent within 45 days after completion of the complete individual dredging project authorized in this permit. The post -dredging report shall include the following information for the completed individual dredging project: perirdtNumber: 134-38 Start Date:l 1/18/04CompletionDate: 11/30/04 Total dredged material to Beach: toSea-(LA3): 260 cubic yards Total acreage impacted: -08 Mode of dredging and transportation, and method and frequency of disposah Hydraulic suction pumped into dump barge. Barge towed to L.A. 3 and dumped. Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip to the LA -3 ocean disposal site. USCG Contact. (Yes) No Form of dredged material- Slurry ' Cohesive Procedure and location where the disposal barge or scow was washed. Barge was dumped clean at L.A. 3. A certified report from the dredging site inspector and the captain of any tag or other vessel used to transport and dispose of dredged material at LA -3 indicating all general and special perinit conditions were met Any violations of the permit shall be explained in detail. All conditioning permits were met (Yes) No Post -project surveys of Eelgrass beds potentially affected by the dredging - Not necessary as no ee.lgrass was identified in dredging area. The post -dredging report shall be signed by a duly authorized representative of the permittee. Me permittee's representative shall. make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those directly responsible for gathering the information, the information submitted is, to the best of nnj knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submithng Ise information,, including the possibility offine and imprisonmentfor knowing violation, S. vice President La Shellmaker . Inc. REPLY TO ATTENTION Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 October 17,2003 City of Newport Beach Harbor Resources Division Attention: Mr. Tom Rossmiller PO Box 1768 Newport Beach, California 92658-8915 Dear Mr. Rossn-ffller: This is in reply to your applications, for Department of the Army Permits to conduct maintenance dredging and ocean disposal, per Regional General Permit No. 54 in Newport Bay, Newport Beach, Orange County, California. This letter authorizes maintenance dredging at four sites within Newport Bay (see below). USA CE Base # city Harbor Permit # Site Address Volume (Cubic Yards) Area (est./ Square Feet) Beach Disposal Ocean Disposal 200400074 133-89 89 Linda Isle 500 2400 No Yes 200400075 133-85 84 & 85 Linda Isle 650 8180 No Yes 200400076 1 134-38 38 Linda Isle 260 3500 �No Yes 200400078 124-3336 3336-3348 Via, Lido 240 6318 No Yes Totals 1650 20398 0 Cy 1650 cy Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54. As long as you comply with -the general permit conditions of RGP No. 54, an individual permit is not required. This letter of verification is valid until July 24, 2005, when RGP No. 54 is scheduled to expire. A general permit does not grant any property rights exclusive privileges. Additionally, a general permit does not authorize any injury to the- property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law. -2 - Thank you for participating mi our regulatory program. If you have any questions, please contact Ms. Corice Farrar of my staff at (213) 452-3296. Sincerely, /1\ - Mark Durh -am Chief, South Coast Section Regulatory Branch Enclosure STAT-.!L:��IFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Governor CALIFORNIA COASTAL COMMISSION ...South Coast Area Office 1 200 Oceangate, Suite 1000 Long Beach-, CA 90802-4302 October 10, 2003 (562j ' -560-5.071 E Mr. Tom Rossmiller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Condition Compliance — Coastal Development Permit 5-99-282, as amended & Conformance with Consistency Certification CC -078-99 & CC -077-01 Dear Mr. Rossmiller: Commission St2ff have received information submitted as evidence of compliance with Coastal Development Permit 5-99-282, as amended, and/or as evidence of conformance with Consistency Certifications CC -078-99 or CC -077-01 for the following sites in the City of Newport Beach: City Harbor Permit # Site Address Beach Disposal Qty (cu.yds) Ocean Disposal Qty' (cu.yds) Cumulative Total* for 2002 175-748 748 & 756 Via Lido Nord 333 0 124-3336 3336-3348 Via Lido 0 240 151-1201 1201 & 1203 North Bay Front 175 0_ 171-921 & 925 921 & 925 Via Lido Soud 285 0 ::13::4:- �3 38 Linda Isle 0 260 133-85 84-85 Linda Isle 0 650 133-89 89 Linda Isle '0 500 Sub -total 793 1650 Year-to-clate total 2160 4507 6667 Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certifications CC -078-99 and/or CC -077-01 and that no further federal consistency review is necessary from the Commission for the dredging components of the projects. In addition, the proposed beach disposal events have been reviewed and found by the Executive Director to be consistent with Special Conditions 1-3 and 9-12 of Coastal Development Permit 5-99-282, as amended. No furthe4r review is necessary from the Commission for the beach disposal components of the projects. .Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -078-99 and CC -077-01 and/or conform with the terms and conditions of Coastal Development Permit 5-99-282, as amended. Any change in the projects may cause them to lose their status as consistent with CC -078-99 and CC -077-01 and/or CDP 5-99-282, as amended. This cei (ification is based on information provided by the recipient of this letter. If, at a lat er date, this information is found to be incorrect or incomplete, this letter will.become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC -078-99 and CC -077-01 and/or CDP 5-99- 282,. as amended, is obtained. If you have any questions, -please contact me at (562) 590-5071 or Mr. James Raives at (415) 904-5200. SincereI2; 1� /7 Karl Schwing Supervisor, Regulation & Planning, Orange County Area Cc: Mr. James Raives, California Coastal Commission Ms. Cori Farrar, U.S. Army Corps of Engineers Not to Exceed 500 cubic yards per dredging and beach disposal event t Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event *,Not to Exceed 20,000 cubic yards per year WP RECIEWtV South Coast Region jUL 2 5 2003 LJFORNI,�,STATE & FEDERAL AGENCY Lc0b#tbGING APPLICATION Permit No. -39 Payment: $423-00 Check No: 1876 Date : 6/15/0 3 Project Location: 38 Linda Isle Newport Beach, CA 92660 Latitude/Longitude: N 33' 36.765 W 117* 54.270 Cubic Yards to be Dredged: 260 cubic yards Method of Dredging: HYDRAULIC SUCTION Nature of Dredged Material (Grain size data): REPORT ENCLOSED Disposition of Dredged Material: HAUL TO SEA AND DUMP Method'of Material Disposition: BARGE TO SEA AT L.A. 3 LATITUDE 33 31,4211 N LONGITUDE 117 54, 481, W Effect of Dredging on Contiguous Bulkheading and Beaches: NONE Project Begins:— Project Ends: WILL SCHEDULE PROJECT WHEN WE RECEIVE PERMIT Page 2 Dredging Application i, Lorenzo C. Miller (Applicant/Applicant's agent), hereby certify that I have read the U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal Commission permit #5-99-282 for maintenance dredging in Newport Harbor and that I will comply with all of the conditions of those permits. I will further hold the City harmless from and indemnify them against any claim for damages arising out of the exercise of these permits. In addition, 1, as the applicant shall reimburse the City of Newport Beach for all attorney's fees and other costs expended by them in defending any claim, lawsuit, or judgment arising out of the activities of the applicant carried on under the authority of such permit. Janet R. Elerding Applicant — Please Print Shellmaker Inc - Contractor — Please Print July 8, 2003 Date Signed: ApplicantJAgent CITY OF NEWPORT BEACH HARBOR APPLICATION NO. 211!�E L� g 117 ju, SA ys'J., 3 33' 3 8 65- VICI NJ I TY 51<ETCH Z7b Ntwpoi�r 5AY1 CA4 IF'&IZNIIA o'v'- �A 5 below 14=1 lowe, zo- Mo'le.-. ra.'? e 0 /' �t'c/e 0 0 /C_? 4� -460� C7re dZTi06/1",5/71rc1" SeC711"'7 3a J'v 0 IX 4 L -cis EEL GRASS I SIOECTION -')<NO EEL GRASS WIT IN 160F PR T EEL GRASS IN THE F ROJECTAREA lea C�� a- (-SGNATqRE 6: q0 PERMIT # DATE J_ Jc r Ele J* A A -LIC N _4N7 -Vd1We 11W 7'6 'IV Z PZ Z 4- 'V PiP 3 077-- ehe-11maker tnc- INSPECTION FORM Harbor Resources Department Date: r� /&� Inspection Requested By: /,5�7 /7., ,-e' Inspector: Pier Address: Pier Transfer Don Duffy S�? rSj?_ — Reinspection GFI Present Yes Need None Needed Yes Need F Anti -Siphon / Backflow Present Other Comments Eelgras �igrass Yes No Present bl� Pump Out Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request 0 (" ,It 6 inumsommossu ENEEzi NOR= ROOM'! WINNER NUMBER M pit 22 MH EON .1 i INNER i UNNIN DAVID H. LEE & ASSOCIATES, INC. GEOTECHNICAL ENGINEERING -* ENGINEERING GEOLOGY Ms. Lisa Miller SHELLMAKER, INC. 2035-F Placentia Avenue Costa Mesa, CA 92627 July 1, 2003 Our Project K03.037.00 SUBJECT: Phi Grain Size Test Result for the Soil Sample Obtained from the Elerding Property -located at 38 Linda Isle, Newport Beach, California 92660. Dear Ms. Miller: Presented herewith is the result of our phi grain size analysis performed on the sod sample provided to us by your Arm. 'Me test procedures were in accordance with ASTM D422-63 (1998) and U.S. Army Corps of Engineers Report Number CETA 79-7 criteria. Please do not hesitate to call if you have any questions after you have reviewed the attached data. Respectfully submitted, z4ad q. Zee ES N ' mcu_9� EXP. 3 -31 -AOA Karen Masterson Project Engineer F A by: V 1111'a-4 Lid H. Lee Geotechnical Engineer Attachments: Plates 1 Grain Size Summary Plates 2 Cumulative Grain Size Distribution PHI Units WhIasrAserver datePROJECTSVC03.037.00V<030370Q_PHL(3S Leffer.doc Sieve Opening Parlicle Diameter in U.S. Standard % Material Cumulative Percent (mm) Phi Units Sieve Size Retained by Weight Retained ----------------------------------------------------------- 38.1 -5.25 1.5" 0.0 0.0 19 -4.25 3/4" 0.0 0.0 Gravel 9.5 -3.25 3/8'. 1.4 1.4 4.75 -2.25 4 1.9 3.3 2.83 -1.50 7 1.0 4.3 2 -1.00 10 0.4 4.7 ----------------------------------------------------------- 1.41 -0.50 14 0.5 5.2 1 0.00 18 0.5 5.7 0.71 0.50 25 0.7 6.5 0.5 1.00 35 2.2 8.6 0.35 1.50 45 3.6 12.2 Sand 0.25 2.00 60 7.1 19.3 0.177 2.50 so 5.5 24.8 0.125 3.00 120 2.4 27.3 0.088 3.50 170 1.1 28.4 0.075 3.75 200 0.3 28.7 0.063 4.00 230 0.4 29.1 ----------------------------------------------------------- Silt-Clay <0.063 <4.00 <230 70.9 100 A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by Shellmaker. The sample consists of a SILTY CLAY TO CLAYEY SILT (CL -ML): olive gray to black (5Y 2.5-3/2-4); saturated; seashells and seashell fragments. The sample was obtained from the Elerding Property, 38 Linda Isle Drive, Linda Isle, Newport Beach, California at a depth of -5.0 feet to -2.5 feet MLLW. U1111112 n1l, David H. Lee & Associates, Inc. PF1I GRAIN SIZE SUMMARY M5 URFE-4111110 mono 23011 Moulton Parkway, Suite D-1 I Laguna Hills, CA 92653 On on 0 10SM0151011 on 0 5 Telephone: 949461 -5690 Fax- 949461 7901 i CLIENT: SHELLMAI(ER,INC- DATE: 1 July, 2003 tDIME11 Wj Mom mom No Site Name: (common reference) F G' S rvey Contact: IE (nme, phone, e -mil) lPermit Refere �� CC -A-(-( M�--'7- ydrographic System: (bay, estuary, lagoon, or harbor) Specific Location- (UTM, Lat./Long., datum, accuracy level, attach electronic survey area map if 2>6 possible) 21-10 Was Caulerpa Yes, Caulerpa was found at this site and I Detected: (if Caulerpa lkfound, please has been contacted on date. iminediately contact the ,ernutting agency project S, taff and NNMS or CDFG No, Caulerpa was not found at this site. personnel identified above) IDescription of 1per it e ork: (de,,cT.betbr'itWfIyy the work to be conducted at the site under the permits identified above) Description of Site: (describe the physical and Depth range: 40 biological conditions within the survey area at the time of the survey and pF-ovide insight into variability, if known. Please provide units V for all numerical information). 7, ';6 FI- L�::=Itype: Substrate Oemperaturej— [Sa—li—ni—ty: Dominant flora: Dominant fauna: Exotic species encountered: (5ther —site description notes., ___�t'on f Survey Description of Survey ------------- Survey date Effort: (please desdribe the surveys [duc: s8ril -0 conducted including type of s urvey (SCUBA, remote U and time period.- r � video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed), Describe any limitations encountered during the Isurvey efforts. Horizontal visibility in water., Survey type C� and methods: Caulerpa Survey Reporting Form (version 1.0, 9/18/0 1) Caulema Eradication in Southem V California a Southwest Region Home Pag Survey personnel: CA fN [--;�ey Su Idensity 11 Survey IL limitations: - Other Information: (use this sj�ace to provide any additibnal information or references to attached materials such as maps, reports, etc. Caulerpa Survey Reporting Form (version 1.0, 9/18/0 1) Caulema Eradication in Southem V California a Southwest Region Home Pag DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBEO 0 -OW. IF II -EASE NOTIFY US PROMI-1-Y. NO RECEIPT -IF STARBOARD ESCROW CORPORATION DELUXE FORM WVO-3 V-2 DATE D E S C R I PT 10 N AMOUNT 12114184 EscAow No. 2626 -AM $230.00 CRAIG DEVIELERDING #38 Linda We.. Newpoxt Beach, Ca. Pie)L PeAmit Tkans4u Fee jb V-2 STATUS SHEET HARBOR PERMIT TRANSFER LOCATION IS. -PERMIT NO. Sel I er V\ -e -f QJ r4 �) Zej±�'-!S D.�d Buyer r 1-4 Date Application Received: � Date Fee Received: Request for Inspection made by: Escrow Co. Date Escrow Officer— 14 C4 CIVA A- Escrow No. Address Phone: Date Inspection made:_ Deficiency Letter sent: Transfer completed: Inspection: 1. Location 2. Pl.umbing: 3. Electrical: 4. Structural: 5.OTHER: REMARKS: Inspected by: Date Deficiency corrected: MARINE DEPARTMENT December 12, 1977 ITEM NO.: F-5 TO: MAYOR AND CITY COUNCIL FROM: Marine Director SUBJECT: RECONSIDERATION OF HARBOR PERMIT APPLICATION 134-38 BY EDDY MEREDITH REQUESTING AN EXCEPTION TO THE HARBOR PERMIT POLICIES TO ALLOW THE CONSTRUCTION OF A CANTILEVEREDDECK OVER COUNTY TIDELANDS IN NEWPORT HARBOR Recommendation If desired, reconsider and approve the Harbor Permit Application #134-38 based on the following considerations: 1. That the applicant has secured an approved encroachment permit from the Orange County Board of Supervisors. 2. That the State Lands Commission has no objections to the issuance of a permit. Discussion The City Council first reviewed this Harbor Permit Application on October 11, 1977, and denied the request for a Cantilevered Deck over County Tidelands because Section 29 of the City Council Harbor Permit Policies reads as follows - "Areas where the waterways are privately owned and within Promontory Bay, patio type decks may be cantilevered beyond the established bulkhead lines." This section of the harbor permit policies, in essence, prohibits cantilevered decks for Lots 21 thru 42 on Linda Isle because these lots are adjacent to County Tide -lands and not private waterways. Mr. Meredith's lot is Lot 38 in this excluded zone. Extenuating circumstances complicated the Meredith Application for an except - tion to the Harbor Permit Policies because City staff had previously approved the Cantilevered Deck in error. This administrative approval was three years, four months ago in August of 1974. The applicant contends that the design and construction of his residence at #38 Linda Isle was based, to some degree, on the previously approved cantilevered deck. The County of Orange has the proprietory interest in this harbor permit application because the tidelands involved are granted to the County in trust. The City is involved because the construction activity would take place within the City limits of Newport Beach. PAGE TWO DECEMBER 12, 1977 APPLICANT: MEREDITH Mr. Meredith, following the denial of the harbor permit by the City Council on October 11, applied to the Orange County Board of Supervisors for a County Encroachment Permit. The Board of Supervisors on November 15, 1977, approved an Orange County Encroachment Permit for the cantilevered deck based on the extenuating circumstances of this application and the fact that the State Lands Commission has now reviewed the application and are of the opinion that the structure does not appear to constitute a nuisance or substantial obstruction of the public easement or interfere with trust purposes as stated in Chaper 415 Statutes of 1975. The attached letter from the State Lands Commission goes on to state, in part, that ....... the Commission sees no legal objection +- +6n issuance of an encroachment permit hV the County. Should the structure %IV 1111U 1�0" r become an unlawful interference with trust purposes of'the public easement in the future, the Commission would expect the County to take proper actions to protect the public's right." In conclusion, the staff would now recommend approval of this application. It should be noted that both City and County staff believes that the granting of this permit does not set a standard precedent for action on future canti- levered deck permit applications. Consequently, staff does not feel that approval of the permit mandates a revision to the Harbor Permit Policies dealing with cantilevered decks. D. Harshbarger, 6irector Marine Department DH: 11 Attachment ItUsINES4 OFFICE (711) 750-0471 CRAIG DEVELOPMENT CORP. 660 NEWPORT CENTER DRIVE, SUITE 1560 NEWPORT IIENCII, CALIFORNIA 92660 November 29, 1977 0 The Honorable City Council City of Newport Beach City Hall Newport Beach, Calif. 92660 Ladies and Gentlemen: We hereby request reconsideration of our application for approval of construction of a platform extending over the bulk- head line of Lot 38, Linda Isle. This application was previously heard by your Honorable Council. on October 11, 1977 as Item G4. Although all members of your Honorable Council expressed the view that equity justi- fied approval of our application, a majority declined to grant such approval on the basis that the proposed construction con- stituted an encroachment on State lands and that it was not within the power of your.Honorable Council to authorize such an encroachment without the express approval of the State of Calif- ornia. Just prior to the meeting of your Honorable Council on October 11, 1977, we were informed that County approval was a necessary prerequisite to completion of construction even,if City Council approval is obtained. Accordingly, we applied to the Orange County Board of Supervisors for approval of the plat- form. As part of the processing of our application, the Chair- man of the Board of Supervisors received a letter from the State Lands Commission, a copy of which is attached hereto as Exhibit A, which states in pertinent part: "the structure does not appear to constitute a nuisance or substantial obstruction of the public easement, or interfere with trust purposes as stated in Chapter 415, Statutes of 1.975. Furthermore, it appears that the applicant has obtained all other necessa . ry permits and intends to pay the appropriate fees for the use of the tidelands. We also note that the proposed use is similar in scale. and consistent with other uses in t11Ae immediate vicinity. " The Honorable City Council -2- November 29, 1977 The letter then concludes that "the Commission sees no legal objection to the issue of an encroachment permit by the County." Based upon this letter, the EMA staff report, and the approval of County Counsel, The Board of Supervisors, at their meeting on November 15, 1977, approved our request subject to the payment of the annual rental value, and the right of the County to revoke the permit under certain prescribed conditions. Copy of the County approval and supporting documents are attached hereto as Exhibit B. Since the tidelands issue appears to have been the sole basis for your decision not to approve our request, and since this issue was resolved in our favor by the State and County agencies involved, i.e. the State Lands Commission and the County of Orange, we feel that sufficient basis exists for re- consideration of your previous action. We have now obtained all. the necessary permits and approvals for the platform and need only your approval in order to complete construction. We wish to stress again that the home is 95% complete; the plat- form has all the steel and forms in place, and needs only to have the concrete poured to be complete. The list and dates of approv- al are as follows: May 2, 1974 - Harbor Permit August 15, 1974 - Corps of Engineers Approval August 20, 1974 - Construction Permit 134�38 issued by Harbor Department November 1, 1974 - Approval by Community Asso- ciation and Irvine Company (Pier and platform) April 25, 1975 - Approval by Community Associa- tion and Irvine Company (House and platform) May 1, 1975 Approval in Concept (House and Plat- form) Newport Beach July 8, 1976 Building Permit, House, Newport Beach July 24, 1977 - Building Permit, Deck,Newport Beach September 14, 1977 - Re -approval by Linda Isle Community Association. The Honorable City Council -3- November 29, 1977 September 28, 1977 - Joint Harbor Committee Approval September 28, 1977 - Harbor Commission Approval October 10, 1977 - County Counsel Approval October 21, 1977 - State Lands Commission Approval November 15, 1977 Board of Supervisors Approval We sincerely trust that you recognize that there is no ques- tion but that we have proceeded in good faith during this entire matter. In reliance upon the approvals through July 24, 1977, as listed above we have proceeded with the construction of the platform beyond the point where any major change is possible. Approval of this application will harm no one, and there are no objections to it. Since there is no question but that equity requires that we be allowed to complete construction of the platform, and the tidelands question now having been removed as a point of issue, we can honestly see no further reasonable basis for not approv- ing our application. We therefore respectfully request that your Honorable Council consider our application at your Decem- ber 12 meeting, and that it be approved at that time. Very truly yours, CRAIG --DEVELOPMENT CORP. Richard A. Meredith Vice President EDMUND G. BROWN JR., Goyernor 01 CALIFORNIA '�' - /f�_c EXECUTIVE orFICE STATE LANDS COMMISSION 1807 13th Street KENNHH CORY, Controllor Sacramento, California 95314 mP,RVYN I.A. DYMALLY, Lieutenant Governor ROY M. BELL. Dirtcfor of Finance (916) 322-2277 File Ref.: C09-00 October 21, 1977 Thomas F. Riley, Chairman Board of Supervisors orange County Administration Building 515 North Sycamore P.O. Box 687 Santa Ana, California 92702 Dear Supervisor Riley: TKOMAS F. RZILUI? OCT 2G '11977 T - 'I '.�: �: ...... ................. . ............... . .. JS ................ C.1 .............. TR ................... FILE ............ ::'�' We have reviewed the materials sent to us with your letter of October 17, 1977, pertaining to a permit for Mr. Eddy Meredith of Linda Isle. The tidelands over which the proposed platform will extend have been granted in trust to the County of Orange and are subject to a public easement for commerce, navigation and fishery. No project authorization from the State Lands Commission is necessary. Based on the information received, the structure does not appear to constitute a nuisance or substantial obstruction of the public easement, or interfere with trust purposes as stated in Chapter 415, Statutes of 1975. Further- more, it appears that the applicant has obtained all other necessary permits and intends to pay the appropriate fees for the use of the tidelands. We also note that the proposed e use is similar in scale and consistent with other uses in th" immediate vicinity. Under these circumstances, the Commission �sees no legal. objection to the issuance of an encroachment p�.-mit by M (1) (F) - CD U N -IFN-' C) F: H.G.05BORNE DIRECTOR P---. N C�4 F= ENVIRONMENTAL MANAGEMENT AGENCY 811 NORTH BROADWAY SANTA ANA, CALIFORNIA CONSENT CALENDAR November 15, 1977 The Honorable Board of Supervisors County ol Orange TELEPHONE: 834-5678 AREA COD E 714 MALLING ADDRESS: P.O. DOX 4048 SANTA ANA, CALIFORNIA 92702 FILE OCIM/CPD No. 7701522HT SUBJECT: Lower Newport Harbor (County Tidelands) - For Residential Pier, Ramp and Decking (District No. 5) SYNOPSIS: Craig Develo ' pment Corporation requests a permit to construct and Operate a ramp and connecting deck strdcture within Lower Newport Harbor (County Tidelands). Approval is recommended. Centlemen: I -Ir. Eddy �Ieredith, President of Crrtig DevelODMent Corporation and owner of Lot 38, Tract 4003 (38 Linda Isle Drive, Newport Beach), is presently constructing a residence on this site and desires a permit from the County of Orange to con- struct a cantilevered deck -unit and connecting ramp within the County tidelands Attached is a location sketch and background information submitted by the applicant. The Joint Harbor Committee and Harbor Commission recommend Approval of subject encroachment. Subject- cons true Lion was approved by the City of Newport Beach, the Coastal Com- mission, the local coriE-nunity association, and The Irvine Company. After com- memcciment: of work and near completion, the City of Newport Beach withdrew its previous approval for the cantilevered deck unit on the basis that the building permit 11 ---id been issued in error and was an encroachment in the tidelands area without approval of the County. The County of Orange was not -requested to issue a Permit prior to coimnencement of construction and the county's staff had no I- kiiowladi�c_ of the current construction project. lliis ageney's staff has no objections to the proposed installation and is of the opinion that such construction would be compatible with County operations in this The proposed structures are similar -to and less interfering to the ieral public's use of Lhe area Lhan existing nei2liboring. structures. An cricroacluilent permit application has been prepared by Lb -i -s agency and reviewed and approved by the office of the County Coullsel. At th e request of the County Counsel. the perillit application has been conditioned on payment of fair market 6. -L The Honorable Board of Supervisors Re: OCI-IIA/CPD No. 7701522HT Page 2 of 2 rental and permittee's obtaining approval f rom the State Lands Commission. A letter (copy attached) has been"received by this office from the State Lands Commission which states ". . No project authorization from the State Lands Commission is necessary based on information received. The sLr-ucture does not appear to constitute a nuisance or substantial obstruction of the public casement or interfere with trust purposes as stated in Chapter 415, Statutes of 1975... the Commission sees no IeRal objection to the issuance of an encroachment permit by the county." The office of the County Counsel 'has reviewed the letter from the State Lands Commission and is of. the opinion that the letter satisfies the condition requiring State Lands Commission approval. Vie granting of this permit will not necessitate additional county funding nor personnel. if the permit is approved by your Honorable Board, an'apprais'a"'l for determining the fair market value will be made by the General Services Agency. Permittee has executed the permit application and has a�,,reed to pay fair market rental. COTQLIANCE WITH CEQA: Ibc- granting of a permit for subject construction is considered categorically exempt. RECOMMENDATION: Approve permit. Respectfully submitted, Peiginal Si_qnoa By H. G. Osborna H. G. OSBORNE. Director Environmental Management A.P_ency RD B am Attachment Burk - X2366 r-erfilry corn;Aance wi�h Sedion 29 of th, Board RUICS Pr dures. Signature To be attached to and made a part of Permit No. 7701522111 STAR --LN PIT ?—L) AY L) COPST Hwy- CO vILLAar Cl". Va 0 SALWA Or �ui act 0 - I- A YAC)Ir 1021 BASIN " Tole 11!3(6,IT A YACoir MY AUCH044,7Z FUNT _�j Of > > > < < A, < -:t CItAIG DEVELOPMA-.,NT CORP. (Wo NEWPORT CENTER ]MIVE, SUITP. 1560 NEWPORT 11FAC1r, CALWOHNIA 02000 September 14, 1977 Marine Department City 9f Newport Beach 3300 Newport Boulevard Newport Beach, Calif. 92660 Attention: Mr. Glenn Weldon Gentlemen: Application is hereby made for a variance from the City Councils' policy prohibiting the construction of cantilevered decks on Lots 21 through 42, Linda Isle. A summary -of the facts with accompanying exhibits in support of this request is enclosed herewith. If you desire any additional information please do not hesitate to contact me. Very truly yours, CRAIG DEVELOPMENT CORP. Richard A. Meredith Enclosure G SU�!.MARY OF FACTS: W Applicant, Craig Development Corp. , closed escrow on Lot 38, Tract 4003 (38 Linda Isle Drive) on December 4, 1973. At the time of purchase there was no structure on the lot. but- plans, had 1-i,,An ok approved for the previous owner by the City - Newport Beach, The Irvine Company, and the Linda Isle Community Association for a single family residence with a 10' x 14' pier platform, a ramp, and a slip. No cantilevered deck was included in the approved plans. Imi-ilediately aft��r -p,,irchase of the lease, applicant started to design a custom house for the site. The plans, as ultimately developed by applicant and approved by the Community Association, Coastal Commission, The Irvine Company, and the City of Newport Beach included a cantilevered deck projecting 5' beyond the bulkhead along the entire bayside of the lot except for a five foot sideyard setback on each side. The s-equence and substantia- tion of the approvals are as follows: a Letters dated I November 1974 from Trautwein & Associates, to Hil- Linda Isle CoTmiun-1.1--y Association, and Bill Mader of 'I'lle Irvine Company, forwarding the slip and patio deck plans. This is standard procedure for Trautwein and no objections or comments were received from the Community Association or The Irvine Company. (Exhibit 2 hereto). b. Letter dated April 25, 1975 from The Irvine Company to Mr. Richard Ohmert, Architect approving, the plans with certain revisions listed by the architect. The approved plans included a cantilevered deck but no comment or objection was made regarding it . Exhibit: 3 hereto is a copy of the letter of approval from The Irvine Company together with the architect's list of required revisions. Exhibit 4 is a photo of the approvals by the Community Association and The Irvine Company on the title.page of the approved plans and a copy of a portion of Page A-1 of the approved plans showing the cantilevered deck. C. Letter dated August 15, 1974 from the Corps.of Engineers approving' the deck and slip. ' (Exhibit 5). d. Copy of stamp and pertinent parts of Page A-1 of the plans "approved in concept by the City of Newport Beach oil May 1, 1975 as a basis for approval by the Coastal Commission. OZ'xhibit 6). e. Copy of Harbor Permit secured May 2, 1974 on plans sub- mitted by Trautwein. f. Copy of building permit issued by the City of N(�wport-. Beach on July 8, 1.976 for the construction of a new single filililly residence, together with a ploc plan, sho*wing the cantilevered deck, which was attached to' th( permit application. (E'xhlbi-C 8). Copy of ---)proval by the City 0 f. Ney Beach for con- StrUCtion of can )-evered deck as contained the approved plan. (Exhibit .9). Based upon the approvals and permits as indicated, applicant commenced construction of the residence, cantilevered deck and .slip. At the present time the residence is 90% complete, requir- ing only certain finishing details for 100% completion. The slip, was installed by Trautwein in 1974 as soon as the permits were secured and is complete except for the ramp from the patio deck. The cantilevered patio cleck has been formed, the electrical and plumbing connections completed, the reinforcing steel installed, and only needs the concrete to be poured for completion. Just as the subcontractor was preparing to pour the concrete for the patio deck, 1dr. Glen Weldon, o� theMarine Department of the City of NeT,-,port Beach, halted construction of the deck, and withdrew the previous approval for construction of -the deck on the basis that the permit had been issued in error since con- struction of a cantilevered deck was irT violation of the City Councils' policy against cantilevered decks for lots * in that group. A.copy of the stop Potice is attached hereto as Exhibit 10. DISCUSSION. From a general reading it would appear as though Linda Isle development standards prohibit the construction of a cantilevered deck -on the lot in question, and this is the way it was understood by applicant. Therefore when the restriction came to our attention after the house plans and dock plans had,been reviewed by the Association and The Irvine Company, and no objections were raised, we felt that restriction no longer applied or had been waived. At the same time, applicant became aware that the development standards previously required that each home include a courtyard, but that the requirement no longer applied. Accordingly, we felt doubly justified in concluding that the cantilevered deck was permissible. Especially since the City of Newport Beach approved the house plans which included the deck, and thereafter issued a permit for the cantilevered deck it Came as a distinct shock to us to find that it was in fact a City restriction and that the City had decided to stop construction of the deck. It thus appears that there has been no violation of the development standards since the standards do not prohibit the deck b.ut only require architectural approval, and the deck was approved as part of the dock plans and house planr,. This view is substantiated by the fact that at their meeting oti September 13, 1977 the Board of Diredtors unanimously passed a re- solution approving the cantilevered deck subject to submission of a , variance application to the City of Newport Beach and the Opportunity for interested persons to be heard at the hearing for such variance. The adjoining homeowners did not appear at the meeting on Septeinber 13, 1977 although they were personally inform- ed that the question of the cantilevered deck would be considered at that time. A copy of the resolution. of the board is appended hereto as Exhibit 3-1. Proof of the good faith of applicant is substantiated by the fact that when the home was originally designed in conjunction with the architectura _'irm of Bates and Pekarek Newport Beach, its 'height was over 1 -Arty feet. After months o_:O�desiL!,T, work and over $10,000 in fees the architects became aware of the height limita- tion of 24 feet. Rather than apply to the City Council for a variance, applicant discarded the plans at great expense and loss of time, and designed an exterior that would meet the height. liiiiita- ex,-__4_- 4- hereto as I`— t3_011. A copy or' the original hibit 12. Ironically, at the time of redesign of the home in 1974 to meet the height limitation, the design of the cantilevered deck was also under consideration and if appiicant had been Lware of the deck restriction at that: time, the redesign of both could have been done simultaneously. However, based on the assurances of Trautwein Associates, recognized experts in this field-, that the deck conformed to applicable requirements, and based upon the approvals of various agencies as previously stated, applicant had every reason to believe and in fact did L-lieve that the canti- levered deck wall permissible under the circumstances. Applicant feels the request for variance is especially meritorious due to the following: T�Zl. The house, now essentially complete, has been designed with no bayside setback on the basis thaL the cantilevered patio would allow sufficient space on the premium bayside frontage. It would be impossible to chan'Ple the house at this stage and unless the variance is granLed the home will be deprived of its most valuable feature, an adequate exterior area on the bayside. 1). The slip, also essentially complete, has been designed to accommodate the cantilevered deck. The present slip could not be utilized if the deck had to be redesigned. . C. If the design of the patio deck and slip have.to be changed it would require resubmission to the Corps of Engineers. Harbor Department, ' Coastal Commission, City of Newport Beach, and other P-overnmental authorities resulting in an intolerable delay and ireat expense. d. Granting of the variance will harm no one but will allow expeditious completion of the deck, reducing inconvenience to adjoining honieowiiers. e. No precedent will be set since this is the last vacant lot on Linda Isle and it is not econovically feasible to change. the existing platforms. Further, the, same extenuating circum- stances would not be present in other cases. aken f. The applicant has proceeded in all good faith and t, ' irrevocable act -ions in reasonable reliance on the required reviews and approvals at. -each stage of the' design and construction of the hoi,ie. . We should not be penlalized for the failures or oversights of persons specifically charged with the reSPOnsihiliv.Y Of assuring thaIC plans not be approve�l unless they conform to the applir-able re(juirements. tile Sj."e U10-4 L11-1-111 I—— iveways. J."xiscing br is R'ottcrdr,�Tli- i d C wa I k S C 1: 6 lV- L as manu_* tured by .Jinooth 2-31 6 11 x 3'�;W .2 Pacific Clay Products,. 3. All exterior paved areas exposed to public sidcwzilks shall be oil(-- of the follo-,%Iing: a. klasonl:y Units. b. Textured concrete.. .c. Evposed aggregate. IA. Cmitilevered Patio Decks---- _j I . The City of Newport Beach will perinit cantilevered oil all lots except those that arc con.tiguouis to the c%-- istiii-, U. S. Bullkhead Line (Lots 21 thru 42 inclusive. .. .. ................ bull head 2. j'��! deck projection beyond the face of tt it shall, be a niaxilllLini of j' -O". ave a minimu-rn -etblick of 5'-0" from the .1 The deck. shall h, - f extelision of side property lineS. 4. The height of the dock above the to p of the .1)ulkhead shall not exceed 01-71'.. .5. All fencing shall be of aa open design which permits approximately 95% of the area encompassed to be open .,pace. 6. All -fencing constructed on cantilevered deck s shall be a maximum of 3'-6" in height.above the top of the b!ilk- head. 7. Plant containcrs and benches shall be a maximum of V-4" in height. 8. No other permanent structures permitted. 9. Construction details shall conform -to Linda Isle W.ITI- LEVERED PATIO Plans aad Details as prepared by Raub, Bein, Frost. -,ind Associates. . (See Appendix A) 10. Construction permits arc reqyired and issued by the PLIbliC Works Departmont of the. City of- Ne'.-JI)ort Beach. Pler Platforms 1. Pier platforms are perinitted on, all lots. 8 STATE O�" CALHORNIA EDMUND G. BROWN JR., Goy�rnor STATE I.ANDS COMMISSION EXECUTIVE OFHCE 1807 13th Street KENNETH CORY, Conl,oll&r SocrarnLnio, California 95814 MERVYN M. DYMALLY, lieutenant Governor x ROY M. BELL, birecior or Finance (916) 322-2277 File Ref.: C09-00 October 21, 1977 OCT 2 G 1977 ........ . ..... Thomas F. Riley, Chairman . ...... JS ........ ....... ........... . ....... Tit .................... S;' Board of Supervisors FILE ............... . ..... Orarige County Administration Building .......... 515 North Sycamore P.O. Box 687 Santa Ana, California 92702 .Dear Supervisor Riley: We have reviewed the materials sent to us with your letter of October 17, 1977, pertaininig to a permit for Mr. Eddy Meredith of Linda isle. The tidelands over which the proposed platform willextend have been granted in trust to the County of Orange and are subject to a public easement for commerce, navigation and fishery. No project authorization from the State Lands Commission is necessary. Based on the information received, the structure does not appear to constitute a nuisance or substantial obstruction of the public easement,. or interfere with trust purposes as stated in Chapter 415, Statutes of 1975. Further- more, it appears that the applicant has obtained all other necessary permits and intends to pa� the appropriate fees for the use of the tidelands. We also note that the proposed use is similar in scale and consistent with other uses in the immediate vicinity. Under these circumstances, the Commission sees no legal objection to the issuance of an encroachment permit by Thomas F. Riley- -2- October' 21 19-117 the County. Should the structure become an unlawful inteference with trust purposes of the public easement in the future, the Conmission would expect the County to take proper actions to protect the public's rights. Sincerely, C,A M STEVEN C. LINDFELDT Staff Counsel I 400 CIVIC C*.N1 V.I_? DRIVE WEST SANTA ANA. CA. 634-2626 714 1. PERMIT DATA 759-0471 PERMITTEE: Craig Development Corporation 660 Newport Center Drive, Suite 1560 Newport Beach, California 92660 COUNTY OF ORANGE ENVIRONMENTAL MANAGFMENT AGENCY REGULATIONXENTRAL PERMIT DIVISION PERMIT FACI LI FY IDENIT'!FICATION: Tidelands — Lower Newport Harbor .Compliance with Environmental Quality Act - MAILING ADDRESS P.O. DOX 418 PERM11T NUMBER 7701522HT ----ROAD EFFECTIVE DATE 14, OCFCD------ OT HER-_ EXPIRATION DATE SEE SPECIAL PROVISIONS C & H R/W CLASSIFICATION Tidelands 2. PERMITTED USE i� I'­F­ -qt,, orovisions on reverse hereof and attached us -e of county property as follows, subiect to hereto: To ronstruct, operate and maintain a famp and connecting cantilevered deck unit wiLhin the Tidelands area of Lower Newport Harbor for Lot 38, Linda Isle as shown on attached Exhibit A. 3, PERMITTEE'S ACCEPTANCE Perrnilt6e accepts permit and agrees to comply with and be bound by the terms theieof. I am aware of Ordinknce No, 27 concerning the Fegistration and disclosure of lobbyists. R f.1111 TT ' E E 4. REVIEW BY 'COUNTY COUNSEL 5. CONSIDERATION Apprvv0as ofo Permit Fees $50.00 (4051-662) Surety — hot Required Insurance Not Require - d DEPLITY 6. APPROVAL (Permit riot valid unless executed by either A o, B) A. APPROVAL- BY 130AIlD OF SUPERVISORS B. Ar'P:10VAL BY E.M.A. Approv(,? by Board of Supervisois of lhf� COUnty o', Approval by UIth0ri7('(I representative of Enviionniental Oriwqe. Management Agency 1­isuant to authority delegated by I the Board of Supervisors by Resolution or Ordinance . " C) 1; ChAIHMAN. 80ARE) OF SUPEHVIS011S DATE A 7 1 1 S I C L L'H K OATF No. ---.;jdopted .r�I.'Tjj0nIZUD FrEj'f;[-S,1,_NTA'1IVF D,', T 0. STANDARD PROVISIONS Per'-nl-.r issued by this Agency are J)Ursuant to the authority vest�d by ilie Board of Supejv:%ols for the CoUvty!-of Orange, Orange County FIcod Control District and Orange County I-Ijibois, Beach, -s and Parks Dis'rict, any one or all of whicl, are here. inafter refeyied to as County. 2. Perrnitfee ag.,ees ,o save C6tm1y,: 89Ercies', 'districts, tc., inc, I t? ;ud,riq i!s cfficc-!� arients o. employees. harmless fioni any and all pen.1ties, Ii,1i)jiti(,S 01 loss from clainns or court actions, arising directly or indirectly out of any damage or injury to persons or property by reason of the acts or omissions of Perminee, its agen-s, employees or independent c6ritraetors, inexercising' an*y of the privileges herein gran:Ec. or -in Consequence thereof. 3. Should any damage or injury to the County works, occur, either throug"I the acts of agents, servants or employees of Permittee or by any independent contractor of Permittee in the exercise of the rights herein granted, Permittee shall immediately. upon the wiirten demand of County, restore such works to tire condition of same on the date of [lie occurrence of said damage or injury at Permittee's cost or expense. The question as to whether or not any such clarnage or injury has been caused to the works shall be deiei mined by the Director of the Environmen.tal Management Agency and.his determination shall be final. 4. COUI1tY TV ' SCIVeS thi! right Unto itself to pe. form any work, L)[)Oil any portion or all of life area covered bv..1his'permi.t. or. to.do any ot4,cr.Work'nLcessary at any lirn&. SLich work inay be performed without incurring any liability of any nature whatsoever to the Permittee. It is further understood and agre6cl'thait County ibserv6s untb itself the.rights of ingress and egress over all or any portion of the subject area. 5. Neither this permit nor any of the rights herein granted shall bee ws�ignecl without the prior Vvii1tco approval of County. 6.. Bya , cceptanceof this peimit. permittee acknowledges and assumes all responsibility for compliance with requiiernerits of other regulatory governing agencies including but not limited to zoning regulations, applicable ordinances and laws. e1c,, of the County of Orange, the State of California, or others having regulatory control over the use here* granted In. 7. A copy of This permit and approved plans, if applicable, shall be maintained at the site of work'and be shown to any authorized representative of the County or other reg- ulatory governing agency upon request. 8. Con " currently with the processing of this permit application, permittee.shall deposit _r_ -.-.-,fees and -..,surety. if required, In the amounts as specified. �1'9. No -adcess -or wdrk,shall be performed within County right- -way -with . out thi;� full, of knb:wledge of assigned inspector, �vhci shall be given no"t less'iha-n 24 "hour -s advance* notice of the initiation of permitted use either by telephone 834 -3495 or by written notice delivered to this office during normal work days and hours. Said notice shall include the name and telephone number of Permittee's authorized iepresentative responsible for coordination and supervision of the permitted use. Permii1ee further agrees that all operations within County right-of-way shall be subject to the operations of County and other authorized persons and under the control and to tile satisfaction Of County inspector. 10. Thii permit may be immediately revoked for reasons in the best interest of the County including violation of peri -nit provisions or other applicable rules and regUlatiOns or for the creation of a nuisance upon notice given tyl the Director oi the Environi-nerlial Managenicrit Agency or authorized representative. In,the event of such rcVoC Permittee slidli inirnedi4t6y cease all operalions an( I restore Couniy iight-of-way as dite :cted by assigned insppctot.- I's, SPECIAL 'PROVISIONS 1 7q.1 - 211T Permit No. A. Prior to this periiiiL becoming effective, permittee shall provide evidence to the County from the State of California, State Lands Division, approving such installations and encroachments WiLhin the Tidelands of Newport Harbor. In addition, permittee agrees to pay fair market rental value and appraisal. costs C. for subject use of the tidelanes area as deter -mined by the- General Services Agency of the County of Orange. B . County hereby grants a revocable license to permittee for the right to use and C� occupy a portion of said Tidelands as shown on attached Exhibit A. This permit is issued subject to said Tidelands Grant and Title 2, Division 2 of the Codi— fied Ordinances of the County of Orange and that certain Tidelands 'Use and Occupancy Agreement Previously granted to permittee. C. Permittee acknowledges that this permit may be revoked for reasons in the interest of the general public as determined by the Board of Supervisors of the County. In the event of revocation, all rights of permittee and tboRp claimed by others, sterriming from thIs permit, shall end at the time of such teria-itiation and pecmiLtee agrees to.remove permitted facilities at his own expense. D. Permittee further agrees to remove, relocate, reconstruct or modify any portion of pe-rmitted facilities, at -no expense to the County, if such installation Interferes with future development, operation or main.tenance of tile County Tidelands area. E. In the event litigation is necessary by counLy to enforce the terms of this permit, as a result of any breach or default by permittee, County shall be entitled to recover from permittee any attorney fees, as fixed by the court, including all costs. of the services of the Office of the County Counsel. F. Permittee agrees to maintain the permitted facilities in a good and substantial state of repair and condition. All improvements shall remain the property of permittee during the term of this permit. County shall have no obligation to permittee for the condition of such improvements. Permittee further agrees to keep the area free and clear of -rubbish, debris and litter at all times. —C. Permittee. agrees to pay the fair market rental value, as determined by County, on an annual basis payable in advance -on or before'January 1, of each and every year. Rental may be paid by check to the County of Orange and delivered to the COUnLy of Orange EMA/Regulation, Central Permit Division, P.O. Box 4048, Santa Aria, CA 92702. 11. In the event the permitLed facilities are abandoned or unused by the applicant for a period exceeding one (1) year, this permit shall be automatically void and permittee agrees to remove such facilities without cost to cot-11-ity. (at � -wo JI la iu .1 JI tu lu uj 44 lu ID ch - CC vi < C.� I < Y. 0 la tu lu uj 44 lu ID ch - CC vi < C.� I < Y. 0 U N -r�)r CDO 177 ENVIRONMENTAL MANAGEMENT AGENCY TELEPHONE: 834-5678 811 NORTH BROADWAY AREA CODE 714 SANTA ANA, CALIFORNIA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CALIFORNIA 92702 H.G.OSBORNE DIRECTOR FILE CONSENT CALENDAR November 15, 1977 OCERA/CPD No. 7701522HT The Honorable Board of Supervisors County of Orange STAJECT: Lower Newport Harbor (County Tidelands) For Residential Pier, Ramp and Decking (District No. 5) SYNOPSIS: Craig Development Corporation requests. a permit to construct and operate a- ramp- and connecting- deck strticture within Lower Newport Harbor (County Tidelands). Approval is recommended. Gentlemen: Mr. Eddy Meredith, President of Craig DeveloDment Corporation and owner of Lot 38, Tract 4003 (38 Linda Isle Drive, Newport Beach), is presently constructing a residence on this site and desires a, permit from the County of Orange to con- struct a cantilevered deck unit and connecting ramp within the CouTity tidelands area. Attached is a location sketch.and background information submitted by the applicant. The Joint Harbor Committee and Harbor Commission recommend qpproval of subject encroachment. Subject construction was approved by the City of Newport Beach, the Coastal Com- mission, the I ti- � IrV4 j, �- The _L ne Comparw. Af ter com- communi a an mencement of work and near completion, the City of Newport Beach w ' ithdrew its - previous approval for the cant ilevered deck unit on t1he basis that the building permi Mid was an encroachment in the tidelands area had been I s s u e C, u er-ror without approval of the County. The County of Orange was not requested to issue a permit- prior to commencement of construction and !--he counity's staff had no knowledge of 'LLIe current construction project. This-agencv's staff has no objections to the proposed installation and is of the opinion that such construction would be. compatible with County operations in this area. The proposed structures are similar to and less interfering -to the general public's use of the area than existing.neighboring structures, An encroachment permit application has been prepared by this agency and reviewed and approved by the office of the County Counsel. At the request of the County Counsel, the permit application has been conditioned on 'payment.of fait market The Honorable Board of Supervisors Re: 0CEMA/CPD No. 7701522HT Page 2 of 2 rental and permittee's obtaining approval from the State Lands Commission. A letter (copy attached) has been received by this office from the State Lands Commission which states "...No project authorization from the State Lands Commission is necessary based on information received * The structure does not appear to constitute a nuisance or substantial obstruction of the public easement or interfere with trust purposes as stated in Chapter 415 Statutes of 1975—the Commission sees no legal objection to the issuance of an encroachment permit by the county." The office of the County Counsel. has reviewed the letter from the State Lands Commission and is of the opinion that the letter satisfies the condition requiring State Lands Commission approval. The granting of this permit will not necessitate additional.county funding nor personnel. If the permit is approved by your Honorable Board, an appraisal for determining the fair market value will be made by the General Services Agency. Permittee has executed the Permit application and has.a3zreed to pay fair market rental. COMPLIANCE 14ITH CEQA: LJJe P-rrarkt-L.rig of a permi-t-for subject construction is considered categorically exempt. RECOMMENDATION: Approve permit. Respectfully submitted, Oelginal &.qned By H. G. Osborne H. G. OSBORNE. Director Environmental Management Ag-ency RDB:am Attachment Burk X2366 '-Y CO3MPI:ance w�-;,h Section 29 of the Board Rules J FRI Awj-f A--� Si9nature CANTILEVERED PATIC JSUE: SUIMMARY OF FACTS: Applicant, Craig Development Corp. closed escrow on Lot 38 Tract 4003 (38 Linda Isle Drive) on December 4, 1973. At the tim'e of purchase there was no structure on the lot, but plans had been approved for the previous owner by the City of New -port Beach, The Irvine Company, and the Linda Isle Community Association for a single family residence with a 10' x 14' pier platform, a. ramp. r- an 'e-vzc��--A decz-f v�-- -nciuded _L.. the- appr-ov(_,6 plans. lyr after purc-Inase or T �� I Djn.e a r e -he lease, apnli-ant start d Led t -o design a custom house --or the site. The planis, as ultimately developed by applicant and aT)T)roved by t1fl-e Comm,mi t- , A z c o,, 4 p- f- i Coastai ConLmiss­f1on, The i -.v4,, a ­­.— _J ­­ ci --ion, ne Company, and the City of Newport: Beach included a cantilevered deck projecting 5' beyond the bulkhead along the entire bayside of the lot except for a five foot sideyard setback on each side. The sequence and substantia- tion of the approvals are as follows: a. Letters dated I '-November 1974 from Trautwein & Associates, to the Linda Isle Community Association, and Bill Mader of The Irvine Company, forwarding the slip and patio deck plans. This is standard procedure for Trautwein and no objections or comments were received from the Community Association or The Irvine Company. (Exhibit 2 hereto). b. Letter dated April 25. 1975 from The Irvine Company to Mr. Richard Ohmert, Architect iapproving the plans with certa"in revisions listed by the architect. Thce' approved plans included a cantilevered deck but no comment or objection was made regarding it. Exhibit 3 hereto is a copy of the letter of approval from The Irvine Company together with the architect's list of required revisions. Exhibit 4 is a photo of the approvals by the Community Association and The Irvine Company on the title page of the approved plans and a copy of a portion of Page A-1 of the approved plans showing the cantilevered deck. C. Letter dated August 15, 1974 from the Corps.of Engineers approving the deckand slip. - (Exhibit 5). d. Copy of stamp andpertLnent parts of Page A-1 of the plans "approved in concept by the City of Newport Beach on May 1, 1975 as a basis for approval by the Coastal Commission. (Exhibit 6). e. Copy of Harbor Permit secured May 2, 1974 on plans sub- mitted by Trautwein. f. Copy of- building permit issued by the City of Newport Beach on July 8, 1976 for -the construction of a new single family residence, together with a plot plan, showing the cantilevered deck, which was attached to the permit application. (Exhibit 8). g Copy of roval by the City of Nev. -.t Beach for con- struction of can_ _,,A,,--vered deck as contained,', 'the approvedplan, (Exhibit 9). Based upon the approvals and permits as indicated, applicant commenced construction of the residence, cantilevered deck and slip. At the present time the residence is 90% complete, requir- ing only certain finishing details for 100% completion. The slip was installed by Trautwein in 1974 as soon as the permits were -niplete except for the ramp from the patio deck. secured and is co The cantilevered patio dec1c has been formed, the electrical and lumbing connections COMDleted, the reinforcing steel. installed, and only needs -t-he conncrette_- to De poured -for Con.ple-t-ion. J t '1 -1 e subcontractor was 1D-repariin��- to pour the concre-t-e- ust as L_ I - - for the patio deck, -Mr. G'JI-en Weldon, of the Marine Department 0 -1 - the City of New -port Beach, halted construction of -the deck, and withdrew -the previous approva! T'or construction af -the. deck on the basis that the permit had been issued in error since con- struction of a cantilevered deck was in violation of the City Councils' policy against cantilevered decks for lots -in that 10. L group. A.copy of the stop rntice is attached hereto as Exhibi DISCUSSION. From a general reading it would appear as though Linda Isle development standards prohibit the construction of a cantilevered deck on the lot in question and this is the way it was understood by applicant. Therefore when the restriction came to our attention after the house plans and dock plans had,been reviewed by the Association and The Irvine Company, and no objections were raised, WO elt that restriction no Lon -ger applied or h1ad been waived. At the same time, applicant became aware that the development standards previously required that each home include a courtyard, but that the requirement no longer applied. Accordingly, we felt doubly justified in concluding that the cantilevered deck was permissible. Especially since the City of Newport Beach approved the house plans which included the deck, and thereafter issued a permit for the cantilevered deck it came as a distinct shock to us to find that riction and that the City had decided to it was in fact a City rest stop construction. of the deck. It thus'appears that there has been - no violation of the development standards since the standards do not prohibit the deck but only require architectural approval, and the -deck was- approved as part of the dock plans and house plans. This view is substantiated by the fact that at their meeting on September. 13, 1977 the Board of Directors unanimously passed a re- solution approving the cantilevered deck sub ect to submission of lication. to the City of Newport Beach and the a variance app opportunity for interested persons to be heard at the hearing for such variance. The adjoining homeowners did not appear at the meeting on September 13, 1977 although they were personally inform- -ion of the cantile'vered deck would be considered ed that the quest - at that time. A copy of the resolution. of the board is appended hereto as Exhibi-t 11. Proof of the good faith of applicant is substantiated by the fact that when the home was originally designed in conjunction with the architectura-1 irm. of Bates and Pekarekl., Newport Beach, its 'height was over L.Arty feet. After months _�'4design work and over $10,000 in fees the architects became aware of the height limita- tion of 24 feet.. Rather than apply to the City Council for a variance, applicant discarded the plans at great expense and loss of time, and designed an exterior that would meet the height limita- tion. A copy of the original exterior is appended hereto as Ex- hibit 12. Ironically, at the time of redesign of the home in 1974 to meet the height limitation, the design of the cantilevered deck was also under consideration and if." applicant had been aware of L e deck -restricton at +-ha- t-ime. the ­edes1gn of bot' could 11have n been done simultaneously. However, based on the assurances of Trautwein Associates, recognized experts in_.th_Js field-, that the dec'k. conformed to applicable requirements, and based upon the approvals of various agencies as previously stated, applicant had to believe and An -'-a--!- did-1--lieve that, the _canti- every reason t L levered deck was permissible unGer the circumstances. Applicant feels the request for variance is especially meritorious due.to the following: T lesigne' Pa. Ihe house, now essentially complete, has been Q C1 with no bayside setback on the basis that the cantilevered patio would allow sufficient space onthe premium bayside frontage. It would be impossible to change the house at this stage and unless the variance is �-ranLed the home will be deprived of its most valuable feature, an adequate exterior area on the bayside. b. The slip, also essentially complete, 'has been designed to accommodate the cantilevered deck. The present slip could not be utilized if the deck had to be redesigned. C. If the design of the patio deck and slip have.to be changed it would require resubmission to the Corps of Engineers, Harbor Department, -Coastal Commission, City of Newport Beach, and other governmental authorities resulting in an intolerable -delay and great expense. d Granting of the variance will harm no one but will allow expeditious completion of the deck, reducing inconvenience to adjoining homeowners. e. No precedent will be set since this is the last vacant lot on Linda Isle and it is -not economically feasible to change. the existing platforms. Further, the same extenuating circum- stances would not be present in other cases. f. The applicant has proceeded in all good faith and taken irrevocable actions in reasonable reliance on the required reviews and approvals at,each stage of the design and construction of the home. We should not be penalized for the failures.or oversights of persons specifically charged with the responsibility of assuring that plans not be approved unless they conform to the applicable requirements. the size, C." or and pattern used on tj exis Ling idewall A iveways. Exist-ing br�. I �,is Potterdam- '�s by sulooth 2 -3/ -1,1 x 3`14 x 1V� L as manu_,cured pacific Clay Products. 3. All exterior paved areas exposed'to public sidewalks sliall be one of Ulc fO11O-qi'1Z: a * Masonry units. b. Textured concrete.. c. Evposed aggregate. 1. Vie City of Newport Beach will perfnit can, ilevered decks a aij Ints excep- thios­)-at are ccn4-'Q­!0'0S UD inclus' V is tit),, U. S. Bulkhead Line (I., o t s 2 t A- h e 0 b u 11kh: ea d e c k projection. beyond t a c o- sliall be a maximunt of �)'-O"- 3. The d e c k shall have a miniTnum setback of 5'-0" from t' extension of side property lines. It. The height of the deck above the top of the bulkhead sliall lot exceed 01-.711. .5. All fenciPF, shall be of an open design which permits huately 95% of the area encompassed to be open approxi space. 6. a- U evered dec'. 'I'al 1 All f encing cons truc T -c I on cant I CL G- UY S I J ---- a maximum of 3'-6" in height. above tj -le top of the biilk- head. 7. Plant containers and benches shall. be a ma-ximufft Of 11-14" in height. 9. ljo other permanent structures permitted. 9. construction details shall conform -to Linda Isle CA!,1T I - LEVERED PATIO Dilans alid Details as prep,,.ircd by Raub, Bein, Frost -and Associates. (See Appendix A) Construction perm-1-ts are re quired and issued by ti-te -0. PuDlic Works Department of the. City of Newport Beach. -itf Pier pl� Orms rier platforms are permitted On all lots- STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor STATE LANDS COMMISSION EXECUTIVE OFFICE 1807 13th Street KENNETI-i CORY, Controller Sacramento, California 95814 MERVYN M. DYMALLY, Lieutenant Governor ROY M. BELL, Director of Finance (916) 322-2277 File Ref.: C09-00 rn �-7 � ..... October 21, 1977 0 AA A OCT 2 G '1977 ......... Cr ............... ....... M.."." ............ Is .......... Thomas F. Riley, Chairman S" I Board of Supervisors FILE ........................ . ...... . .... ...... I ........ Orange County Administration Building . ..... ........ C) 515 North Sycamore P.O. Box 687 Santa Ana, California 92702 Dear Supervisor Riley: We have reviewed the materials sent to us with your letter of October 17, 1977, pertaining to a permit for Mr. Eddy Meredith of Linda Isle. The tidelands over which the proposed platform will extend have been granted in trust to the County of Orange and are subject to a public easement for commerce, navigation and fishery. No project authorization from the State Lands Commission is necessary. Based on the information received, the structure does not appear to constitute a nuisance or substantial obstruction o. -IL' the public easement, or interfere with trust purposes as st L. L- tated in %r,'hap+--- a�u",-es o 9-,5. --ur-her- morel it appears that the applicant has obtained all other necessary.permits and intends to pay the appro.priate fees for the use of the tidelands. We aiso note that the proposed use is similar in scale and consistent with other uses in the Under these circumstances, the Commission sees no legal objection to the issuance of an encroachment permit by COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY REGULATION/CENTRAL PERMIT DIVISION 400 CIVIC CENTER DRIVE WEST SANTA ANA. CA. MAILING ADDRESS PERMIT TELEPHONE: 834-2626 P.O. BOX 418 AREA CODE 714 SANTA ANA. CA. 92702 1. PERMIT DATA 759-0471 PERMIT NUMBER 7701522HT PERMITTEE: Craig Development Corporation 660 Newport Center Drive, Suite 1560 ROAD OCFCD- q -';� K �, n Neuno-0--t- BeaCh. California �-UUU i X GICH BPD -0THER- EFFECTIVE DATE FACILITY EXPIRA71ON DATE I D EN -T F 1 CA-, I ON: ILI`ela�d-s - Lower New�port Harbor SEE SPECIAL PROVISIONS C & H RAN CLASSIFICATION Compliance with Environmental Quality Act- iA TP e1ands 2. PERMITTED USE Permittee is hereby authorized use of county property as follows, subject to provisions on reverse hereof and attached hereto: To construct, operate and maintain a ramp and connecting cantilevered deck unit within the Tidelands area of Lower Newport Harbor for Lot 38, Linda Isle as shown on attached E-xhibit A. 3. PERMITTEE'S ACCEPTANCE Permittee accepts permit and agrees to comply with and be bound by the terms thereof. I am aware of Ordinance No, 2717 concerning the registration and disclosure of lobbyists. PERMITTEE .4. REVIEW BY ICOUNTY COUNSEL 5. CONSIDERATION v a- t fo Permit Fees— $50.00 (4051-662)� -7 7 Not Required Surety Not Required Insurance DEPUTY 6. APPROVAL (Permit not valid unless executed by either A or B) A. APPROVAL BY BOARD OF SUPERVISORS B. APPROVAL BY E.M.A. Approved by Board of Supervisors of the County of Approval by- authorized representative of Environmental 0 ra n ge. Management Agency pursuant to authority delegated by the Board of Supervisors by Resolution or Ordinance No. adopted CHAIRMAN, BOARD OF SUPERVISORS DATE ATTEST-CL2RK DATE AUTHORIZED REPRESENTATIVE DATE F0250-206 STANDARD PROVISION& 1. Permits issued by this Agency are pursuant'to the authority vested by the Board of SUPel iSol f6i the COUCI -V' -S - i�j'-Of'O'range, Orange County Flcod Control District and Orange County Harbot s, Beaches and Parks District, any one oi- all of which are here - reflei -red to as County. 2. Pe save C6 0 n �o agen� O� employees, h.-rM;I=-ss from any and all penaltieS, 1 a, D 11111 S Of loss reSUITHIg -ising -n -r frorn claims or court actions, ai . directly or indirectly out of any dai age or injU Y to persons or property by reason of the acts or omissions of Pci-mittee, its aripn-s, emp., oyees or independeni c6rrtraicto 11'. eXeMS I rig a'l.y 0-f the 1--m-61egges herein gran�--, ovmj consequence therect. 3. e or inji 1-1, e; t! the ac - Shouid anv darnan 7o The COUntv WOMS Occur, -,er throug! -s agents, servants or empioyees of Permittee or by any independent contractor of Permittee in the exercise of the rights herein granted, Permittep shall. immediately, upon -the thfritten clemand.of -County, restore such works to the condition of same on the date of the occuri -ence of said damage oi- injury at Permittee's cost or expense. The�question as to whether ot not any such clarnage or injury has been caused to the works shall be determined by the Directorof the Environmental Management Agency and.his determination shall he final. �3 4. County reserves the right unto itself to perform any work, upon any portion oi- all of -4- to.do ai otlier,work nece s ry at any- limb. SLich thff:area_.c_ varedbV._-thi� ermi.t, or. ly 0 s a work may be performed without incurring any liability of any nature whatsoever to the Permittee. It is further understood and agreed that County ibse'rves unto itself the rights of ingress and egress over all or any portion of the subjt-ct area. 5. Neither this permit nor any of the rights herein granted shall be assigned without the prior vvyJ . tun approval Of County. 6. By acceptance of this permit, permittee acknowledges and assurnes all responsibility for oi c -npliajice with requirements of other regulatory governing agencies including but not limitc -d to zoning regulations, applicable ordinances and laws, etc. -,,of the County of Orange, the State of California, oi- others having regulatory control over the use f qi -anted herein 7. A copy of this pei -mit and approved plans, if applicable, shall be n-iaintained atthe site of work- and be shown to any authorized representative of- the County oi- other reg- ulat6ry governing agency upon request. 8. Concurrently with the processing of this permit application, permittee:shall deposit --fees and.sure�y_, if required, in the amounts as specified. V --1,9. 'No. ss ---jar: w.di -&dce -k-shall be performed within County. right-qf -way -vviftut the �L� I L. i ris -'h 2 knowledge of assigned ' pector, 'who shall be given norle'$s t an 4-hourt -advance notice of the initiation. of permitted use either by telephone 834-3495 or by t w -itten notice delivered to this -office during normal work days and hours. �Saiclnotice shall include the name and telephone number. of Perm ittee% -auth ori zed representative -esponsible for coordination and supervision of the permitted use - Permittee further agrees,that-all operations within County right-of-way. shall be subject to the operations of.County and other authorized persons and under the control and to the satisfaction oi.County.inspector. 10. This permit may be immediately revoked for reasons in the best interest of the County including violation of permit provisions or other applicable rules and regulations or for the -creation of a nuisance upon notice given by the Director of the Environmental Management Agency or authorized representative. In the event of such revocation, a Permittee shall imniediateiy cease'jll- operations and restore County right -of -w y as directed by.assigned inspector. 7701522HT SPECIAL PROVISIONS. Permit No. A. Prior to this permit becoming effective, permittee shall provide evidence to the County from the State of California, State Lands Division, approving such installations and encroachments within the Tidelands of Newport Harbor. In addition, permittee agrees to pay fair market rental value and appraisal costs -i f- Lip pnp-r or subject use o the area as determined b-17 G -11 --al Se vices Agency of the County of Orange. B. Countv herebv olra-n�_-s a revocable license ro permittee for t -he right to use and occupy a portion of said Tidelands as shown on attached Exhib 4 t A. This permnit is issued subject to said Tidelands Grant and Title 2. Division 2 of the Codi - f ied Ordinances of the -County of Orange and that certain Tidelands Use and Occupancy Agreement previously granted to permittee. C. Permittee acknowledges that this permit may be revoked for reasons in the .interest of the general public as determined by the Board of Supervisors of the County. In the event of revocation, all rights of permittee and those claimed by others, stemming from this permit, shall end at the time of such termination and permittee agrees to .-remove permitted facilities at his own expense. D. Permittee further agrees to remove,' relocate, reconstruct or modify any portion of permitted facilities, at no expense to the County, if such installation interferes with future development, operation or maintenance of the County Tidelands area. E. In the event litigation is -necessary by county to enforce the terms of this permit, as a result of any breach or default by permittee, County shall be .entitled to recover from permittee any attorney fees, as fixed by the court, -including all costs of the services of the Office of the County Counsel. F. Permittee a grees to maintain the permitted facilities in a good and substantial state of repair and condition. All improvements shall remain the property of permittee during the term of this permit. County shall have no obligation to permittee for the condition of such improvements. Permittee further agrees to keep the area free and. clear of rubbish, debris and litter at all times. G. Fermittee, - agrees to pay the fair market rental value, as determined by County, on an annual basis payable in advance on or before January 1, of each and every year. Rental may be paid by check to the County of Orange and delivered to the County of Orange EMA/Regulation, Central Permit Division, P.O. Box 4048, Santa Ana, CA 92702. H. In the event the permitted facilities are abandoned or unused by the applicant for a period exceeding one (1) year, this permit shall be automatically void and permittee agrees to remove such facilities without cost to County. STATE OF CALIFORNIA STATE �ANDS COMMISSION KENNETH,CORY, Controller MERVYN M. DYMALLY, Lieutenant Governor ROY M. BELL, Director of Finance (916) 322-2277 EDMUND G. BROWN JR., Governor EXECUTIVE OFFICE 1 807 13th Street Sacramento, California 95814 File Ref.: G09-00 4— `� October 21, 1977 T H o K4 A S F. R I L C T 2 6 '11977 ............... . ... . ............... /(gp> ........... ............... Thomas F. Riley, Chairman .................... S;, Board of Supervisors F I L ...................... ... ................ Orange County Administration Building 515 North Sycamore P.O. Box 687 Santa Ana, California 92702 Dear Supervisor Riley: We have reviewed the materials sent to us with -your letter of October 17, 1977, pertaining to a permit for Mr. Eddy Meredith of Linda Isle. The tidelands over which the proposed platform will extend have been -'granted in trust to the County of Orange and are subject to a public easement for commerce, navigation and fishery. No project authorization from the State Lands Commission is necessary. Based on the information received, the structure does not appear to constitute a nuisance or substantial obstruction of the public easement, or interfere with trust purposes as stated in Chapter 415,,Statutes of 1975. Further- more) it appears that the applicant has obtained all other necessary permits and intends to pay the appropriate fees for the use of the tidelands. We also note that the proposad use is similar in scale and consistent with other uses in the immediate vicinity. Under these circumstance s, the Commission sees no legal objection to the issuance of an encroachment permit by Thomas F. Riley October 21, 197.7 the County. Should the structure become an unlawful inteference with trust purposes of the public easement in the future, the Commission would expect the County to take proper actions to protect the public's rights. Sincerely, C STEVEN C. LINDFELDT Staff Counsel 2 C - BUSINESS OFFICE (714) 759-0471 CRAIG DEVELOPMENT CORP. 660 NEWPORT CENTER DRIVE, SUITE 1560 NEWPORT BEACH, CALiFORNIA 92660 September 14, 1977 Marine Department City of Newport Beach 3300 Newport Boulevard Newport Beach, Calif. 92660 Attention: Mr. Glenn Weldon Gentlemen: Application is hereby made for a variance from the City Councils' policy prohibiting the construction of cantilevered decks on Lots 21 through 42, Linda Isle. A summary of the facts with accompanying exhibits in support of this request is enclosed herewith. If you desire any additional information please do not hesitate to contact me. Enclosure Very truly yours, CRAIG DEVELOPMENT CORP. Richard A. Meredith �� /-/ / Z� J 7- e.) CANTILEVERED PATIO -LbSUE: 16 SUMMARY OF FACTS: Applicant, Craig Development Tract 4003 (38 Linda Isle Drive) o of purchase there was no structure approved for the previous owner by Irvine Company, and the Linda Isle single family residence with a 10' and a slip. No cantilevered deck - plans. Corp., closed escrow on Lot 38, n December 4, 1973. At the time on the lot, but plans had been the City of Newport Beach, The Community Association for a x 14' pier platform, a ramp, was included in the approved Immediately after purchase of the lease, applicant started to design a custom house for the site. The plans, as ultimately developed by applicant and approved by the Community Association, Coastal Commission, The Irvine Company, and the City of Newport Beach included a cantilevered deck projecting 5' beyond the bulkhead along the entire bayside of the lot except for a five foot sideyard setback on each side. The sequence and substantia- tion of the approvals are as follows: a. Letters dated 1 November 1974 from Trautwein & Associates, to the Linda Isle Community Association, and Bill Mader of The Irvine Company, forwarding the slip and patio deck plans. This is standard procedure for Trautwein and no objections or comments were received from the Community Association or The Irvine Company. (Exhibit 2 hereto). I b. Letter dated April 25, 1975 from The Irvine Company to Mr. Richard Ohmert, Architect approving the plans with certain revisions listed by the architect. The approved plans included a cantilevered deck but no comment or objection was made regarding it. Exhibit 3 hereto is a copy of the letter of approval from The Irvine Company together with the architect's list of required revisions. Exhibit 4 is a photo of the approvals by the Community Association and The Irvine Company on the title page of the approved plans and a copy of a portion of Page A-1 of the approved plans showing the cantilevered deck. c. Letter dated August 15, 1974 from the Corps.of Engineers approving the deck and slip. (Exhibit 5). d ;1 Copy of plans approved May 1, 1975 as a (Exhibit 6). stamp andpertLnent parts of Page A-1 of the in concept by the City of Newport Beach on basis for approval by the Coastal Commission. e. Copy of Harbor Permit secured May 2, 1974 on plans sub- mitted by Trautwein. f. Copy of building permit issued by the City of Newport Beach on July 8, .1976 for the construction of a new single family residence, together with a plot plan, showing the cantilevered deck, which was attached to the permit application. (Exhibit 8). .g. Copy of, _roval by the City of New, Beach for con- struction of cantilevered deck as contained.in the approved plan. (Exhibit19). Based upon the approvals and permits as indicated, applicant commenced construction of the residence, cantilevered deck and slip. At the present time the residence is 90% complete, requir- ing only certain finishing details for 100% completion. The -slip was installed by Trautwein in 1974 as soon as the permits were secured and is complete except for the ramp from�the patio deck., The cantilevered patio deck has been formed, the electricaland plumbing connections completed, the reinforcing steel installed,, and only needs the concrete to be poured for completion. Just as the subcontractor was preparing to pour the.copprete for the patio deck, Mr. Glen Weldon, of the Marine Department� I of the City of Newport Beach, halted construction of the deck - d withdrew the previous approval for construction of the deck'.on the basis ' that the -permit had been issued in error since con struction of a cantilevered deck was in violation of the Cit Councils..',,policy against cantilevered decks for lots in that group. A`,,popy of the stop notice is attached hereto as Exhibit 10. DISCUSSION: From a general reading it would appear as though Linda- Isle, development standards prohibit the construction of a cantilevered deck on the lot in question, and this is the way it was understood by applicant. Therefore when the restriction came to our attention, after the house plans and dock plans had been reviewed by the_�,_._,. Association and The Irvine Company, and no objections were rais-ed,: we felt that restriction no longer applied or had been waived. �',At the same time, applicant became aware that the development standards previously required that each home include a courtyard, but that the requirement no longer app ied. Accordingly, we felt doubly justified in concluding that the cantilevered deck was permissible. Especially since the City of Newport Beach approved the house plans which included the deck, and thereafter issued a permit for the cantilevered deck it came as a distinct shock to us to find that it was in fact a City restriction and that the -City . had-de'cide-d:"to stop construction of the deck. It thus appears that there has,been no violation of the development standards since the standards do ' not prohibit the deck but only require architectural approval,,.and the deck was approved as part of the dock plans and house plans. This view is substantiated by the fact that at their meeting on September 13, 1977 the Board of Directors unanimously passed.'_a_re- solution approving the cantilevered deck subject to submission of a variance application to the City of Newport Beach and the��-;__, opportunity for interested persons to be heard at the he-aring-for such variance. The adjoining homeowners did not appear at -the meeting on September 13, 1977 although they were personally inform- ed that the question of the cantile'vered deck would be considered' at that time. A copy of the resolution of the board is appended hereto as Exhibit 11. Proof of the good faith of.applicant is substantiated by the fact that when the home was originally designed in conjunction with the architectural Lirm of Bates and Pekarek oz Newport Beach, its height was, over thirty feet. After months of design work and over $10,000 in fees the architects became aware of the height limita- tion of'24 feet . Rather than apply to the City Council for a variance,il,applicant discarded the plans at great expense and loss of time, and designed an exterior that would meet the height limita- tion. A copy of the original exterior is appended hereto as Ex- hibit 12. Ironically, at the time of redesign of the home in 1974 to meet the height limitation, the design of the cantilevered deck was also under consideration and if applicant had been aware of the deck restriction at that time, the redesign of both could have been done simultaneously. However, based on the assurances of Trautwein Associates, recognized experts in this field, that the deck conformed to applicable requirements, and based upon the approvals of various agencies as previously stated, applicant had every reason to believe and in fact did believe that the canti- levered deck was permissible under the circumstances. Applicant feels the request for variance is especially meritorious due to the following: a. The house, now essentially complete, has been designed with no bayside setback on the basis that the cantilevered patio would allow sufficient space on the premium bayside frontage. It would be impossible to change the house at this stage and unless the variance is granted the home will be deprived of its most valuable feature, an adequate exterior area on the bayside. b. The slip, also essentially complete, has been designed to accommodate the cantilevered deck. The present slip could not be utilized'if the deck had to be redesigned. C. If the design of the patio deck and slip have to be changed it would require resubmissilon to the Corps of Engineers, Harbor Department, Coastal Commission City of Newport Beach, and other governmental authorities reLulting in an intolerable delay and great expense. d. Granting of the variance will harm no one but will allow expeditious completion of the deck, reducing inconvenience to adjoining homeowners. e. No precedent will be set since this is the last vacant,., lot on Linda Isle and it is not economically feasible to change,, the existing platforms. Further, the same extenuating circum stances would not be present in other cases. f. The applicant has proceeded in all good faith and tak . e n irrevocable actions in reasonable reliance on the required reviews and approvals at each stage of the design and construction of the home. We should not be penalized for the failures or oversights of persons specifically charged with the responsibility of assuring that plans not be approved unless they conform to the applicable requirements. k,s COUNCILMEN 0 A V C) -(Y OF NEWPORT BEACH DPrPmhPr 12- 1977 MINUTES James Dooley, representing Holstein Industries, addressed the Council and suggested that the study be a condition of their maps, and that they be allowed to file their maps. William Holstein addressed the Council and stated they were willing to pay their fair share for the study. Motion x Proposal No. 1 of James M. Montgomery, Consulting Ayes x x x x x Engineers, Inc. was authorized at an approximate Noes x cost of $24,000.00 with Holstein Industries, Absent x Inc. to pay approximately $4,000.00 of that cost, and it was directed that Holstein Industries be allowed to go ahead and file their subdivision maps concurrent with the study. Mayor Pro T6m Barrett resumed his seat at the Council table. 2. Councilman McInnis, Chairman, gave a verbal Planning report on the recommendations of the Council Comsn Appointments Committee regarding the vacancy on (530F) the Planning Commission. Motion x Timothy Haidinger was appointed to the Planning Ayes x x x x Commission to fill the unexpired term of Larry Noes x x x Lynch ending June 30, 1981. 3. Councilman Rogers' (District 1) appointment of Litter Nancy Moore as a member of the Litter Control CAC Motion x Citizens Advisory Committee to fill the (2046) Ayes x x x x x x x unexpired term of Anita J. Ferguson ending December 31, 1977, was confirmed. 4. The request for assignment of the contract for Armstrong oil production from Armstrong Petroleum Corpora- Petroleum tion to Partnership Properties Company and (122) Motion x Petro -Lewis Corporation was referred to the Ayes x x x x x x x staff for further study. 5. A letter from Craig Development Corp. was pre- Harbor sented asking Council to reconsider its decision Permit of October 11, 1977 denying Harbor Permit i (304F) Application #134-38 by Eddy Meredith requesting� an exception to the Harbor Permit Policies to allow the construction of a cantilevered deck over County tidelands at #38 Linda Isle. A report was presented from the Marine Department. Motion x Because the applicant has secured an approved Ayes x x x x x x x encroachment permit from the Orange County Board of Supervisors, and because the State Lands Division has no objection to the issuance of the permit, Harbor Permit Application #134-38 was reconsidered and approved. 6. A report from the City Manager concerning the Library Newport Center Branch Library was presented with (2030) a report from the City Librarian and a letter of recommendation from the Board of Library Trustees. Volume 31 - Page 309 COUNCILMEN ,P Dni i rAI i Cif Y OF NEWPORT BEACH December 12, 1977 MINUTES IN nF: Y Motion x Mayor Pro Tem Barrett made a motion to approve Alternate "C", which is to construct a 14,000 square foot building using a new design; to include an inflationary factor; and to direct the staff to implement. City Librarian Brad Simon gave a brief staff report in answer to questions by the Council. Spencer Covert, Chairman of the Board of Library Trustees, addressed the '_ Council regarding Option "C" and reiterated their request that a 10% inflationary factor be added. Councilman Ryckoff made the following statement for the record: "Although I believe a 10,000 square -foot branch library would be quite adequate, and so voted in the past, I will support this motion because the Council previously committed to the 14,000 squate-foot size building. I do feel that the "C" option is the best of the three offered." Ayes x x x x x x x A vote was taken on Mayor Pro Tem Barrett's motion, which motion carried. CURRENT BUSINESS: 1. A report was presented from the Community Tract 8336 Development Department regarding the Final Map of Tract No. 8336, a request of Newport View, Inc. to subdivide 20.801 acres into ten building sites, four lots for landscaping and parking and one model complex site for condominium develop- ment on property located south of Hospital Road and southeasterly of Superior Avenue in the Planned Community of Versailles -on -the -Bluffs, zoned P -C. Chet Stare, representing the developer, addressed the Council and agreed to modify their CC&R's to incorporate a condition regarding an enforceable method of rehabilitating or replacing structures. Motion x Mayor Pro Tem Barrett made a motion to approve the Final Map of Tract No. 8336, incorporating by reference the condition recommended by the Planning Commission and stipulating an additional condition in the CC&R's for destroyed or damaged structures; to instruct the City Engineer not to sign the Final Map until the conditions,relating to the fire access have been satisfied; and to adopt Resolution No. 9232 authorizing the Mayor R-9232 and City Clerk to execute agreements between the City of Newport Beach and Newport View, Inc. for construction of improvements in Tract No. 8336 (south of Hospital Road and southeasterly of Superior Avenue, Versailles -on -the -Bluffs). The following residents of Newport Crest addressed the Council and opposed the project: Louise dre'eley, Chairman.of the Legislative Committee, and Dorothy Parker. Volume 31 - Page 310 "Rce cou 11, Sa DECKS111184 ys, tontinued from Page One of a home Supported by pilings and 'No', to Decks rt of a dock, is an aid to the harbor and Was construed as a legal use. PThe technical distinction between the two created quite a bitpf'reaCtion from Deane and he insisted that I his Over Tideland& proposal Was much ' More aesthetically pleasing then Pilings. The Newport Beach City Council Dave Harshbarger pointed,out that has denied two applicants who have we is an extension of the house while requested permits to build can- the other comes under permissable tilevered decks over public water� uses or tideland waterways. "It must ways at the front of their properties, be an aid to navigation, the harbor or 7he council upheld its Harbor Permit, tMeries," he Said. Fblicy by not allowing the '�Eddy Meredith war. -denied an ap- protrusions, plication to build a deck over One applicant, Ben Deane, tidelands on Linda Me. Meredith had requested a deck with a triangular been granted approval. three years portion at one end extending over ago by the city, county and state, but county tidelands. The city determined the city later rescinded its -VPrOval that he could bu ild the deck, but that ()instruction of the deck is partially the section over county tidelands complete and the docks and pilings muld have to come off. It was ire in place. determined that an unsupported deck Richard Meredith, in representing attached to the front of a home is an 'his brother, stated, "You are I extension to the house. This would damaging my brother by not granting constitute private use of public his request. He took the time and #ppertyandis illegal. Adepk-ln front made the effort to see that everything, Continue 41 to Page 2 be, did in constructing his home was oijbpatible,with Your ordinances and 014 ke had all of the Permits YOU require before he began -construction, 11 - t hbUi*: and it was especially ot, he designed to I have this 5 x, 40 foot deck overlooking the water. After the hoU00 is two-thirds complete and t he piers ere in Place you tell him that he can't have the deck." Meredith estimated that It would cost an additional $26,000 to change, the existing doclis to conform to the requirements. CITY OF NEWPORT BEACH CONSTRUCTION i"E"I"EAd"y HARPOR PEW iT 7 DATE PERMISSION IS HEREBY GRANTED TO COX'5il"RUCT AND MAINTAIN THE FACILITY SHOWN ON TH! HatEOF, SEE ATTACHED S EE T AT THE SITE INDICATED, SUBJECT TO THE' Pi�CYIVS?ONS Q!' THE� HARBOR PERMIT POUCEES or Nrw,.*a2zT EF-ACH An ANY SPECIAL COND.1110NIS LISTED HVREGtL TLt`;�5 Prmi�.-- 2:N; IS -iT IS NOT TRANSFERADVE VV97. 'V THE CITY HA.PMOR OR �ATY !SCI-INC(L. T. RIGH-iS GWEN UNDER Arl-: W>Lrn'V;�'5SiVri. ONL - AND THIS PERMIT MAY REVG',�ECP Cl', THE C�`T4' COUWC"� 001 ACCORDANCE WITH TiTLE 17 OF THE WUNK;WAL CODE. CITY HARBOR COORDINATOR 4 - PERMIT NO. DATF SPECIAL CONDITIONS: Corps o,j nngireers Permit Orange Cofunit' rrr-'J lo -P-17 C"ONSTRUCTION PERMIT DATE ........ SEE ATTACHED SHE T F1 ER' I T PERMISSION 15 NVREBY TCe CQi-tiZTRUCT AND MAINTAtH THE FACTLaY SHOWN V1. HEREOF, AT THE SITE !'hDkCA�rED, SUO�'KLC",.' TO TE-,�E OF THE HAREOR ?CRMV!r POMC�',ES GF 51EAC's AtIc ANY SPECIAL COKNTIGNS L,,,STED HEPECN. TH-�r, Prftr-rol,� 15 NOT TZMANSFERABLE W;TNOUT TU�� OF THE c.,-�%-, -4Ar.00.11 091 CITY COUNc-�L. THr RIGHTS G, WEN UNDER THU; Pr,'3AIT ARE PERNUSSWE ONL�- AND T141S PERMIT MAY ;�S ��EVOKED BY TKE COTY COUNCIL IN ACCORDANCE WITH TITLE 17 OF THE MUNICNNAL CODE. CITY HARBOR COORDINATOR PERMITNO. DATE SPECIAL CONDITIONS' - Corps of Engineers Permit Orange CountY Perm"t Z5 Otl,er-. COUNCILMEN tp A Motion x Ayes x x x x Noes x x Ab s: en t I I Motion x Ayes x X x x x x Absent Motion x Ayes x x X x x x Absent Motion x Ayes X X x x x x Absent Mo t ion I x Ayes x x x x x x Absent CITY OF NEWP ORT BEAGH M I N U T E S, October 1], ]977 INDEX Mayor Pro Tem Barrett r8sumedhis seat at the Council table. 4. A report was presented from the Marine Department Harbor regarding Harbor Permit Application #133-38 by Eddy Permit/ ,Meredith requesting an exception to the Harbor Meredith Permit Policies toiallow the construction of a (304F) cantilevered deck over County tidelands at #38 Linda Isle. Tom Fuentes, a member of Robert Bein and William Frost and Associates, and Richard Meredith, brother of the applicant, addressed the Council and urged approval of the cantilevered deck. Harbor Permit Application #133-38 was denied. 5. A report was presentedfrom the Marine Department OrCo Harbor regarding a proposed lease between the City of New- District port Beach and the County of Orange for the con- (2796) struction of a shop/garage building addition on County Harbor District property. The draft lease was approved, and the City Council made a finding that the proposed use is in con- formance with the City's General Plan. 6. A letter addressed to Councilman Ryckoff from Com Dev C , AC Barclay Ardell resigning from the Community Develop7 (2127) ment Citizens Advisory Committee was presented. Mr. Ardell's resignation was accepted with regret; the City Clerk was directed to prepare a Certificate of Appreciation; and the appointment of Joe Amidon as a member of the Community Development Citizens Advisory Committee to fill the unexpired term of Mr.' Ardell ending December 31, 1977 was confirmed. 7. A report was presented from the Public Works Direc- Spyglass Hill tor regarding the Spyglass Hill Park improvements, Park Contract No. C-1970. (2766) The one bid received was rejected, and the City Clerk was authorized to readv6rtise for bids to be opened at 2:30 p.m. on November 1, 1977. 8. A report was presented from the Public Works Direc- Vacation tor regarding the vacation and abandonment of an 23 -rd- &-Irvine.- unused portion of 23rd Street and Irvine Avenue, (2797) northeasterly of Irvine Avenue realigned between 22nd and 23rd Streets. .The following resolutions were adopted: Resolution No. 9198 adopting a map showing the R-9198 portion of 23rd Street and Irvine Avenue right- of-way proposed to be vacated. Resolution No. 9199 declaring the intention to R-9199 order the vacation and abandonment of portions of 23rd Street and Irvine Avenue, and setting a public hearing for November 14, 1977. Volume 31 - Page 260 CITY OF NEWPORT BEACH COUNCILMEN 0 P 0 C ;r �0 A October 11, 1977 MINUTES I N D F X 2. (District 3) Mayor Pro Tem Barrett's appointment of CEQUAC Preston Lee Johns as a member of the Environmental (1058) Motion x Quality Control Citizens Advisory Committee to fill x x x x x x the unexpired term of Stan Cole ending December 31, .Ayes Absent x 1977 was confirmed. 3. (District 4) Mayor Dostal's appointment of William Trans Plan Lusk as a member of the Transportation Plan CAC Motion x Citizens Advisory Committee to fill the unexpired (960) Ayes x x x x x x term of Herman Basmaciyan ending December 31, 1977 Absent x was confirmed. CURRENT BUSINESS: 1. A report from the Community Development Department County regarding the intention of the County of Orange to Triangle redesignate the zoning of that portion of the (673) County Triangle north of Hoag Drive between Mon- rovia Avenue and Placentia Avenue was presented with a copy of a proposed letter to the Board of Supervisors. Motion x Councilman Kuehn made a motion.to direct the Mayor to sign the letter to the Orange County Board of Supervisors requesting reconsideration of the Board's General Plan action concerning the Triangle. Motion x Councilman Rogers made a substitute motion to make Ayes x x x changes in the last paragraph of the letter by Noes x x x deleting the word, "understandable" in the seventh Absent x line, the word "respectfully" in the eleventh line and the phrase "more nearly" in the next to the last line, which motion failed to carry. Ayes x x x x x A vote was taken on Councilman Kuehn's motion, Noes x which motion carried. Absent x 2. A report was presented from the Marine Department Harbor regarding a request for an exception to the Harbor Permit Permit Policies by Andrew Glassell to allow the (430F) mooring of a 50 -foot sailboat at 1204 S. Bay Front, Balboa Island. Motion x Mr. Glassell's request was tabled. Ayes x x x x x x Absent x 3. A report was presented from the Marine Department Harbor regarding Harbor Permit Application #105-103 by Permit/ Ben Deane to revise a pier and float and requesting Deane an exception to the Harbor Permit Policies to allow (304F) the construction of a cantilevered deck over County tidelands at 103 Bayside Place. Mayor Pro Tem Barrett stepped down from the Council table due to a possible conflict of interest. Ben Deane, applicant, addressed the Council. Motion x The pier and float revision included in Harbo T Ayes x x x x x Permit Application #105-103 was approved, and the -up Absent x x cantilevered deck requested was approved to the County tidelands line. Volume 31 Page 259 PAGE TWO APPLICANT: EDDY MEREDITH Craig Development Corporation, on behalf of Mr. Eddy Meredith, the property owner, has submitted a request for an exception to Section 29 of the Harbor Permit Policies to allow the com letion of a cantilevered deck under cons,truct- ion at #38 Linda Isle (Exhibit B�. A Stop Work Order has been issued and is currently in effect. A Harbor Permit for the existing ramp, float and deck was issued by theMarine Department. A brief history of the Harbor Permit is as follows: a. March 1973 Harbor Permit application by Higson Construction Company submitted to Marine Department for 10 x 14 pier, ramp and float. b. April 1973 County of Orange Permit issued c. February 19 74 - Coastal Zone Permit issued d. March 1974 - U. S. Amy Corps of Engineers permit issued. e. April 4, 1974 City Harbor Permit issued to Higson Construction Co: f. May 2. 1974 - Harbor Permit transferred from Higson to Craig'Develooment Corp. g. May 2. 1974 - Application to,revise permit submitted to'Eddy Meredith. *h. May 2, 1974 - Approval of Concept issued by Marine Dept. (In error) i. July 16, 1974 - Coastal Zone permit issued j. August 15, 1974 - COE permit issued *k. August 20, 1974 - City Harbor P6rmi't issued (In error) 1. August 159 1977 - Mr. Bill Sparr of Linda Isle Architectural Committee came into Marine Department and requested that the City stop the construction of the deck. Mr. Sparr stated that the deck was in violation of both the the City Policies and the Linda Isle CC&R's. m. August 15, 1977 A Stop Work Order was attached to the project. As is indicated by the asterisk on the above list, both the Approval of Concept and the Harbor�Permit were issued in error by the Marine Department. At the time the Stop Work Order was issued, Mr. Meredith, who was on thesite, was informed as. to the reasons for the order. Additionally, Mr. Meredith was informed as to the appeal process to be followed. PAGE THREE APPLICANT: This permit application involves the issue of "private residential use" of public tidelands. The City Attorney has indicated that allowing the construct- ion of cantilevered decks over public tidelands for private residential use would go beyond permitted uses under the tidelands grants. The Orange County Environmental Management Agency staff was contacted for input on this application. They related that the County Counsel expressed some doubt as to the legality of permits being issued for structures over pub ' lic tidelands. which are for "private residential use". It is the County Counsel's feeling that this type of use may not be in keeping with the intent of the tidelands grants. It is the staff's understanding that the intent of Section 29 of the Policies was to prohibit cantilevered decks over public tidelands. Mr. Meredith has apparently received approval for the deck from the Linda Isle Board of Directors subject to "a hearing allowing all property owners within a 300 foot radious to voice their approval or objection." (Exhibit C) The Marine Department staff continually receives inquiries about the possibility. of construction of cantilevered decks beyond the bulkhead at locations throughout the Harbor, particularly in those areas with little or no beach baywArd of the bulkhead. Staff has received indication that should this exception be granted, Applications will be made for additional exceptions to allow cantilevered decks. Notices indicating the date, time and location of this meeting have been sent to the applicant and neighbors within a 300 foot radius. D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT ("Glen E. Welden Tidelands Administrator GEW:ll Attachments: A. Harbor Permit Drawing B. Craig Development Co. (Eddy Meredith) request and support material C. Letter from Linda Isle Arch. Comm. regarding their approval �D. Letter from Barry Mi,ller of #37 Linda Isle CITY- OF NEWPORT 0 EACH HARBOR Af',)PLICATION- NO. r 0 --4:� 4� pit. 0 R 7- ....... ... ... - VIC I IQ I TY 5RETCH Newpoer 5AY, CAc irolaNIA a 0 e 1r7 rce� Oncy c4vno/e r clep 5 c /0 kv Allec? Zoyv&,- low /' �7e5 -/At's secA.0'? 0)4'M--W'z'0r1 t3c�--. are csiobll'shc?d /1) ..... . .... .' 0 (j ARP4 I C-4Nr IMVe J016 '4'aael: E7 7' e,107' 'c?/- 0cX _J t2�AAVM ITEM NO. MARINE DEPARTMENT September 28, 1977 TO: CHAIRMAN AND MEMBERS OF THE JOINT HARBOR COMMITTEE FROM: Marine Department SUBJECT: REQUEST BY CRAIG DEVELOPMENT CORPORATION FOR APPROVAL OF A VARIANCE TO CITY COUNCIL HARBOR PERMIT POLICIES AT #38 LINDA ISLE Action 'Recommend in conformance with the arbor Perm Discussion This request is being brought to the Committee for review and recommendation because the structure under. consideration is over County Tidelands. Section 5-E of the Harbor Permit Policies states: "Prior approval of Orange County will be required when work extends over tidelands claimed by the County." Additionally, Section 29 of the Harbor Permit Policies states: "In areas where the waterways are privately owned and within Promontory Bay, patio type decks may be cantilevered beyond the established bulkhead line ....... This section therefore prohibits cantilevered decks for Lots 21 thru 42 on Linda Isle because they are.adjacent to County Tidelands and not private waterways. Craig Development Corp, on beha If of Mr. Eddy Meredith, the property owner, has submitted a request for a variance to Section 29 of the Harbor Permit Policies to allow the completion of a cantileverod deck under construction at #38 Linda Isle (Exhibit B). A Stop Work order has been issued and is currently in effect. A Harbor Permit for the existing ramp, float and deck was issued by the Marine Department. A brief history of the Harbor Permit is as follows: a. March 1973 - Harbor Permit application by Higson Construction Company submitted to Marine Department for 10 x 14 pier, ramp and float. b. April 1973 - County of Orange Permit issued c. February 1974 Coastal Zone Permit issued 7" PAGE TWO APPLICANT: EDDY MEREDITH d. March 1974 - U. S. Army Corps of Engineers permit issued. e. April 4, 1974 - City Harbor Permit issued to Higson Construction Co. f. May 2, 1974 - Harbor Permit transferred from Higson to Craig Development Corp. g. May 2, 1974 - Application to revise permit submitted by Eddy Meredith *h. May 2, 1974 - Approval of Concept issued by Marine Dept. (In error) i. July 16, 1974 - Coastal Zone permit issued j. August 15, 1974 - COE permit issued *k. August 20, 1974 - City Harbor Permit issued (In error) 1. August 15, 1977 - Mr. Bill Spar of Linda Isle CC&R Committee came into Marine Department and requested that the City stop the construction of the deck. Mr. Spar stated that the deck was in violation of both the City Policies and the Linda Isle CC&R's. m. August 15, 1977 - A Stop Work order was attached to the project. As is indicated by the asterisk on the above list, both the Approval of Concept and the Harbor Permit were issued in error by the Marine Department. At the time the Stop Work order was issued, Mr. Meredith, who was on the site, was informed as to the reasons for the order. Additionally, Mr. Meredith was informed as to the appeal process to be followed. Mr. Meredith has apparently received approval for the deck from the Linda Isle Board of Directors subject to "a hearing allowing all property owners within a 300 foot radius to voice their approval or objection." A copy of a letter from Mr. Barry Miller of #37 Linda Isle is attached (Exhibit C). The Marine Department staff continually receives inquiries about the possibility of construction of cantilevered decks beyond the bulkhead at locations throughout the Harbor, particularly in those areas with little or no beach bayward of the bulkhead. Staff has received indication that should this variance be granted, applications will be made for additional variances to allow cantilevered decks. Should a variance to the Harbor Permit Policies be recommended, the Committee may with to review Section 29 of the Policies and additionally recommend modifi- cation of that Section to City Council. PAGE THREE APPLICANT: EDDY MEREDITH Notices indicating the date, time and location of this meeting have been sent to the applicant and neighbors within a 300 foot radius. D. HARSHBARGER,DIRECTOR Marine Department Glen E. Welden Tidelands Administrator GEW:ll Attachments k C�" NEWPORT UARIAIR jDQT HARBOR C(AM100' 3. (CONT'D) RECOM4tNDED ACTTONS'� of revocation of a. P(',,c,-k)mmend that the City Council and peymit, the cwbr Director, EMA, isswe appropriate per- oproa tq pw� 116 mit fon pier and float upon payment 1: e3 �T runu 70 of appropriate permlL and rental fees; 0 t r Ur turc . 01' (K -U 0r lack 6 -IF h. Recoin6nd that the City Council ond S-CnIX) Dirdhar, QA, depy the requeA for (2) fur,mTund doolil cotistruction of cantilevered deck. of request fn; COT of the dock SQjvM 1: tho nn�;jfcsnr Sc-- quiring ohm cGuser Genpril's OU've c tho S� ate Tw1w Cowisvinn. (D L& Fur Mck of a nac� �(4) Qn-ancY iRE01 �'!o�rMJT APPIA(MIGN MP 0" 0, r-jw ()�l C'�'I cdn- because Sw CnUr, i,� P Y v o U to C 1 v in! amc It : i r� 1: c r, i do, L r�l d.J. � J. o nz:' i I in! w; v 1 rc �� , �A J),: I:j i� i SO fidulapo 1 1 1:: ior� ��W 1 � PUI 1: n iu,..:GUIIAM� M.F`iAl [ING 01" 1,FWPORT HARBOR jUINY HAVOR, Sc.ptctubbr 28, 1977 4. Qj D) Re colmn(. a. Md that the Cjty Council and Directox, EMA, iswe appropriate per -- Wit fnr any necessary pier construchor� modification exclusive of cantileVEred doo.'k, structur,ppon payment of appro-- priate permit—and rental fees; or b. Recommend that My Council and Dizecuor, EMA, My permit request Ear construction of hantilevered deck over or upon public nidelands and pursue abanveng of wq:wurks congtructed upon or above public tidelands at subject location for,the purpose of doveioping a cantilevered deck. 5. OITTER BUSINASS. N 0 T I C E N 0 T I C E N 0 T I C E. Harbor Permit Application #134-38 Eddy Meredith has applied for a permit to revise an existing pier and float at his property located at #38 Linda Isle. The Joint Harbor Committee will consider the application at its regular meeting commencing at 4:30 p.m. on September 28, 1977. Interested persons are invited to attend. D. HARSHBARGER, DIRECTOR Marine Department t. WILLIAM UARR SEVENTEEN LINDA ISLE NEWPORT BEACH, CA 92660 September 21, 1977 Mr. Glen Weldon, Marine Safety Department, 70 Newport Pier, Newport Beach, California 92660 Dear Mr. Weldon; This letter is in response to your telephone call regarding clarification of the position of the Linda Isle Board of Directors re: the proposed cantilever deck yard extension on lot 38, Linda Isle. In as much as our board does not have jurisdiction over the Orange County tide lands property and the restrictions imposed, we are not in a position to approve or disapprove the Meredith plan. We have so informed the Meredith brothers. They do have recourse to the City of Newport Beach in the form of a request for a variance. We do feel, however, since all of thaproperty Owners with lots on the Island between #21 and 42 have been previously deprived of having such a cantilevered deck yard extension that they and the surrounding neighbors affected should be permitted to be heard by the City Council before the council acts an anylvariance The Linda Isle Board has indicated that they will go along with the final decision of the council without objection. 1,trust that this letter clarifies the board action of September 139 1977, a copy of which is included herewith. Very truly yours, E. W. Sparr Linda Isle Architectural Committee Hlr-517 so, 4L� LINDA ISLE COMMUNITY ASSOCIATION MINUTES OF THE BOARD OF DIRECTORS MEETING SEPTEMBER 13, 1977 The regular meeting of the Board of Directors of Linda Isle �ALL TO ORDER Community Association was held September 13, 1977 in the Clubhouse. The meeting was called to order at 7:45 P.M. by the president, Dr. Clifford Downs. 4 Directors present: Clifford Downs Lee Lyon Bill Sparr Plug White Hugh Grant Directors absent: Judy Argyros Mike Kensrue Also present: Richard Meredith Eddie Meredith G. M. Driscoll, Management Service Co. The minutes of the previous meeting were read and corrected LPROVAL, OF as follows: fAINUTES The wording of the sign for the Guest Dock should be corrected to read "Unauthorized vessels will be towed 4way". The minutes were approved as corrected. In the matter of the cantilever deck that is being construct- LRCHITECTURAL ed by.Craig ' Development on Lot 38, Mr. Sparr stated that the MMITTEE deck in question, is not ' a violation of the Linda Isle Development Standards,,. aid not appear�to-be offensive to the i(Bill. Sparr)� architectural integrity of the Island and that this restric- I ,tion appears to be a rule imposed by some civic authority. Therefore, Mr. Sparr made.the following motion: That the Board of Directors would encourage Mr. Meredith to make whatever applications that were necessary for the construction of the cantilever -patio deck on Lot 3,8 and that the Board of Directors will not withhold associ-I ation approval subject to the result of a hearing allow- 0 ing all property owners within a 300 -ft. radius to voice their approval or objection.. The motion was seconded and unanimously carried. Mr. Sparr reported that an approval to Lot 87 to remove a sec- tion of the existing dock to convert to a L-shaped dock was given. ....continued.. CITY OF NEWPORT BEACH, CALIFORNIA PHONE 640-2161 3301,)Vl­ /CIN port Blvd. DEPARTMEN- ')F COMMUNITY DEVELOPMENT A I-PPLI CATION- -i-70R BUILDING PERMI, ASSESSOR'S PARCEL NO. NUMBER 0. DATE: LOCALITY zzl 1:nl APPLIC T TO FILL IN AREA WITHIN NEAREST EAVY LINES ONLY CROSS ST. BUILDING ADDRESS Piz, I VL - tyic-, STAT.AREA GROUP ITYPIT CONST PROCESSED BY I LOT NO.75' BLOCk T R A IC T Ll I!, STATISTICAL CLA-SSIFICATION VACANT SITE �NO NO. OF LOGS. ,ON SIZE OF LOT NOW ON LOT CLASS NO.---'--:�fDWFLL UNITS 2 [I YES -E5 - USE OF --� I I M;% USE ZONE MAP -NO. PARWNG SPACES s - I i a VtALU TION 5 %u �,S- -�r i-OWNERce ni 0�j- v,- L Ce� TN"�L-­ �f-41 41 1/ _ ZONE Fj_�F -NO. ECIAL SPE CONDITIONS,� ADDRESS P BLDG, SETBACK FROM D I IF T PR p (STREET) PRO?. LINE OF DESCRIPTION OF WORK [FRONT Yards: R:ear S L.S. Y a a NEW REPAIR DEMOLISH ';N -W 1: FE p ZONIN(5oApPR I Curb Cut SQ. FZ NO. OF NO. OF " SIZIE , GARAGE ST ORIES FAMILIES FIRE R AL Excise Tax WORK TO BE DONE San. Dist. #5 HEALTH DEPT. APPROVAL: Sewer Conn. T- . V ez)­ CHECKED BY Water Conn.. PLAN Total Due T, TEL. I �T ARC NO. '. ER� !�N., ER H CONS LE DER ADDRESS A 0 E S A RO A 0 ISSUE FINAL CONTRACTOR.0 P 7 VALUATION S STATE ADDRESS LICENSE NO. J"70 APPROVALS DATE INSPECTOR'S SIGNATURE Ly LOCATION LICENSE FORMS, MATERIALS C CITY LASS NEWPORT TEL. LIC. # L �;F REINFORC. STEEL SI GNAI APPLICANT SHEATHING I AM A CALI�ORNIA STATE LICENSED CONTRACTOR. INSULATION I CLAIM EX�MPTION TO THE "CONTRACTOR" REQUIREMENTFOR FINAL THE FOLLOWING REASON (CALIFORNIA STATE LAW 7031.5). :�AMNTHEOOWNER OF TH E ABOVE PROPERT AND TE 0 T PERFORM ALL WORK DESCRIBED -­ S ELF OR THROUGH My EMPLOYEES WiTH WAGES AS CERT. OF OCCUP. P. C. OTHER PNIT. THEIR SOLE COMPU NSATION. I FURTHER STATE STRUCTURES ARE NOT IN- (CALIFORNIA FEE S FEES S FEE S TENDED TO BE OFF EREDLFOR SALE. STATE LAW (#7044). 1 WI L SUBMIT EVIDENCE IOF WORKMAN'S COMPENSATION INSURANCE COVER NG THESE EMPLOYEES. v DESCRIBE;_ I AM THE OWNER OF THE ABOVE N UNDER SECT] C OWNER OF THE ABOVEEDESCRI ED OP RTY E N By CAUF. I-XIETHE. ALL WORK WJLLOB DO STATE LICENSED CONTRACT R S. I WILL SUBMIT A OP = RTY A "ID CLAIM EXEMPTION P� r 7048 (CALIF. STATE LAW) THAT ALL WORK, MATERI AND = L, ST OF ALL SUB -CONTRACTORS USSD ON THIS OF CO MUNI Y DE p THE DEPT. V� TON ALS AND LA MDR WILL 13E LESS THAN $100.00 PROJECTO S 0 RIOR T A D A A C NDITIONMOF FINAL IN - 15 OF MINOR NATURE. SPECTION. IN',TIAL APPLICABLE BL,�O� SIGNATURE OF DATE -77 CITY OF WPORT BEACH, CALIFORNIA ewport �tvd. DEPARTMEN.- OF COMMUNITY DEVELOPMENT Phone 673-2110, APPLICATION FOR BUILDING PERMIT ASSESSOR'S 050-303 PARCEL NO. -45 N 6 9 NUMBER o. DATE t -June LOCALITY APPLICANT TO FILL IN AREA WITHIN NEAREST HEAVY LINES ONLY. CROSS ST. BUILDING ADDRESS 38 Linda Isle Drive STAT.AREA GROUP I �TYPO CONST. PROCESSED -BY 3 4003 ISLOCK [TRACT - LOT NO. -9TATISTICAL CLASSIFICATION VACANT SITE 9 NO�O.FIBLDGS. SIZE OF LOT 50 x 8 .0 LOT CLASS NO DWELL UNITS_ [3 YES NO USE OF M. 0'0 STRPCTURsResidenceT�E: s—ATLU A T 10 N S Ll 3 E ZO E M A P NO. PARICNG SPACEM NO. 7 TEL OWNERCraig Dev. Cor NO.'544 4 SPECIAL FIRE ZONE - G A6 ADDRESS 305E. Main St.,PO Box 48 -CONDITIONS(" ... CITY Tus n, Ca. 92680 -BLDG. SETBACK FRO FPON-�.PjROP. LINE (STREET) DESCRIPTION OF WORK r s e 0 L.S. NEW X ADD ALTER REPAIR DEMOLISH 51., ZO N APPROVAL '-26-11:'Ourb SQ.FT. BLDG. 040b NO. OF NO. OF 2 Cut SIZE GARAGE: 588 STORIES FAM IL", PROVAL Excise Tax WORK TO BE DONE Conritruction San. Disf. #5 of I 'inew single family residene"e. HEALTH DEPT. APPROVAL- Sewor Conn. PLAN CHECKED B afer Conn. sn] Y w ARCHITECT OR TEL. d n1n rn Ci -�-)fO- OC;4-QA1 CONST. LENDER' ,F- ADDRESS19462 Sierra Madre, Irvine RES fQ CONTRACTOR Craig Deve1opment,,Corp A �7QSS U c) 0 4�� VALUATION S ADDRESS305 E.Main STATE AIPROVALS INSPECTOR'S DATE LICENSE NO.170991 S'JGNATURE: LICENSE CITY Tustin CLASS B-1 F UNDATION: LOCAT UN— FOORMS, MATERIALS I lw-- 6� 6 - TEL., 544-4508 NEWPORT, NO. LIC. # v REINFORC. STEEL S GNATURE OF T OF ENT ()Oj:Lp I( N APPLICANT Eddy Mereidith, Pres. it SHE SHEATHING 3 IA-A-AL.--R-.-.TA-.L1 ......... TRACTOR. FRAMING I CLAIM EXEMPTION TO THE "CONTRACTOR" REQUIREMENT FOR THE FOLLOWING REASON (CALIFORNIA STATE LAW 7031.5). p L W** THE OWNER OF T IS A OVE PROPERTY AND CERT. OF C�CU!�- INAT.MN . TO PERF ORM AMLL WORK OESCR15EO MY- SELF OR THROUGH My E M PLOYERS WITH WAGES As P OTHER PMT. THEIR SOLE COMPENSATION, I FURTHER STATE T AT THE PR OPOSED STRUCTURES ARE NOT IN- TH , E DED TO BE OFFERED FOR SALE. (CALIFORNIA FiC S FEES 4; FE E $ 1p'. STATE LAW (*7044). 1 WILL SUBMIT EVIDENCE O� WORKMAN'S comPENSATION INSURANCE COVERING THESE EMPLOYEES. I AM THE OWNE OF THE ABOVE DESCRIBED PROPERTY AND CLA114 EXEMPTION UNDER SECTION 7048 (CALIF. STATE LAW) THAT ALL WORK, MATE RI- I AM T" E OWNER OF THE ABOVE DESCRIBED PRIPERILTl ILI WORK 'ILI 11 DONE 11 CALI1, STATE CENSrD CONTRACTORS. I WILL SUBMIT A LIST OF ALL, SUB -CONTRACTORS USED ON THIS ALS AND LABOR WI LL BE LESS THAN S100.00 AND -,.TO.'r r DEPT. OF COMMUNITY DEV. IS OF MINOR NATURE. A D 'AS A CONDITION, OF FINAL IN INITIAL APPLICABLE BLOCK SpaCTION. SIGNATURE OF DEVBLOPIMTNT GORP. PERMITTEE Eddy Meredith, Presi '19 U. S. Corps of Engineers Post Office Box 2711 Los Angeles, California 90053 Attention: Waterways Control Section Subject: Harbor Permit Application No. e", Dear Sir: I hereby request a U. s. Corps of Engineers' Permit for the construction and installation of 1 revised ralmp & dock and appurtenances thereto,,to be located in__D_ev;�port Bay, bayward of Lot No. 38 , Block NO. - . Tract 4003 1 New-oo'--t- Beach, C'aLIZ—ornia. 'I am Ui-e—owner of the aforFE-Entioned property,. and _1 have made application for a Harbor Permit to the City of Newport Beacl-. -.he adjoining property owners are: Lot '17 , Block - '2ract 4003 Barry Miller #37 Linda Isle Lot 39 -, Block T r a ct, 4003 H. S. Mollring #39 Linda Isle Newport Beach Newport Beach Respectfully submitted, Date 5/2/74 EEddMer ith Enc. Plans dated 4/22/74 3 Sepia 38 Linda Isle 7 copies Newport Beach CITY OF NEWPORT BEACH APPROVAL 01 -4 - The harbor and Tidelands Administrator of the City of Ne 0"ZL_ Bea h 7z has reviewed Harbor Permit application by sl and subject to the approval of the U. S. Corps 0� Engineer 1/111 -ill i's Ue Harbor Permit No. Date -C- D.74farshbarger, Capt -air. marine Safetv DePartment -CIT �J,®r R P41 A -�ewporf -Blvd.' 331 DEF "TIVIEN T�OFPOIVIMUNITY WVELQR11AENT: APPLICk-HONFOR BUILDING PEI MIT17" ASSESSOR No. PARCEL. R's 050-30-045 No. 19769 PLAN CK. NUMBER DATE;' J! , LOCALITY APPL)CANT TO FILL IN -AREA WITHIN : NEAREST HEAVY LINES ONLY. CROSS ST. OU'L"' NG A11R1,S 38 Linda Isle Drive STAT. ^REA -70UP TYPE PROCESSED By OT No L LOT No. 38 IBLOCK fTRACT 4003 CONST. STATISTICAL CI.ASSIFICATIUN— VACANT SITE SIZE OF LOT� 50 x 89 0. OF BLOGS. IN NOW ON LOT CLA@S NO._DWELL UNITS_ 0 YES 0 NO USE OF I -EIT I M. ,U C T ST U URG P,158idence VALUATION 5(f3 r�ADDRESS Dr. MAP NO. PARKIN G SPACES OWNE�RorajLZ De NO. SPECIAL CONDITIONS ZONE 305 B. Main St. ?0 Roax 48 0— c4p, TY Tustin, Ca. 92680 BLDG. SETBACK PRO 'F, DESCRIPTION OF WORK RONI�PAtOP. LINE (STREET) 10 NEW r s M -t, L . X ALTER REPAIR RMOLISH ZQ N APPROVAL SO. FT. EA294 NO.OF 2 �Furb Cut IZE : LGARAGE 5 FAMILIES FIRE APPROVAL Excisa Tax WORK TO BE DONE - - -) Carstruntlan San. Dist. #5 4-e;, new single family residelice. HEALTH DEPT. APPROVAL: PLAN HE By I W'*e 7� W onn. �6T.ta 'D, 7RCkTITE�F TEL. �R I a , - u! ehard 4' , I CONST. LENDER ADDRESS19462 Siege. Madre, Irvine RES LU Q ­ Craig Dove C NTRACTOR lopment.,:Corp AP A I U STA L,C TE ADDREss.305 E.Ylain ENSE NO.170991 ----------- This pplication becomes a valid permit for work, as CITY Tustin LICENSE hereon when properly filled out, signed and machine validated for CLASS TEL- 544-4508 NEWPORT O'k NEWPORT 54 the correct permit fee in the YaQ�ation space below, permission' is NO. LIC. # LC' # therefore granted to do such work as indicated in this applica- i tion, in accordance wi�h, and subject to, all the applicable pro. SIGNATURE OF 0R_*jfj;, DE 0 OR U visions of Title 15 (Building) and Tif!e 20 (Zoning) of the Newport APPLICANT Beac Municipal Code and all other applicable City and State laws. d Eddy Meredith. Pres, �j This permit becomes null.and void if work is not commenced I within 60 days from the date issuance, I I A 1 "�tr "CONTRACTOR, of L or if work is suspended ^M IF! T CALIFORNIA STATE LICKI;SK6 . AT c...s.? cT.R. at any time during construction for more than 120 days, or any I CLAIM EXEMPTION "CONTRACTOR" ,work is done on the said building or structure in violation of any To rmff x1AWUIRXjwNT FOR THE FOLLOWING REASON (CALIFORNIA STATE'L go 7031.5 . Ciiy ordinence or State law relating thereto. I AM THE OWNER OF TNU ABOVE PROPERTY AND IN TIMM 0 TO PERFORM ALL WORK DESCRIBED MY, S ELF OR THROUGH My NEM PLOVIL X 11 WITH WAGE$ AS P. C.� OW OTHP --- OTHER PMT� THEIR SOL COMPENSATION. I PURT14KR STATE T T PR TMA M K Z OPOSSO STRUCTURES ARE NOT IN- TIEN -- T.- FOR SALK. (CALIFORNIA To Fi S FEE:�; FEES S E� FEE $ 40 .T.T LA .. I. I WILL SUBMIT EVIDENCE WORKMAN'S C0MPK SATION AV INSURANCE Coymptlope THESE XMPLOYKKS.N I AM THE OWNER OF THE AMOVK 0195CRIORD PROPERTY AND CLAIM EXEMPTION UNDRI . SECTION 7048 (CALIF. STATE LAW) THAT ALL. WORK, MATKRI- ALS AND I AM THIE OWNER OF THE ABOVE OESCRIOPM. PROPS RTY. A LL WORK WILL BE DONE EIV CALIF. STATE LICENSED CONTRACTORS. I WILL SUBMIT A LIST OF ALL SUB -CONTRACTORS USED ON T LABOR WILL BE LESS THAN *1100.09 AMC? Is OF MINOR NATURE. INI TIAL APPLICABLE BLodK , -P, PROJECT TO THE DEPT. OF COMMUNITY OHIS P RIOR TO AND AS ^ CONDITION OF FINAL IN SPECTION. [S.GNATURE N OF D za 0 x fflb T 6 X" 0 f FIE '.7 ,T.E PERMITTEE lre�id �,�]�ddy Meredith I WORK MUST BE STA,�;�WT-IN A PERI­OQ,Oj? 60 DAYS FROM THE DA I TE OF VALID ATION OR THIS P.ERMITBECO&WS NULL AND VOID. 76 6 PLP CHECK VALIDATION c K. M.O. CASH PERMIT VALIDATION CK. M.C. CASH 0 . C(o j 44 ......... mo v UJ 44704, PIWI'410� NS41) '\N I TH -4 j� J fl 0 044 01 41 pu. t OF T51PF H e AXI, Lj WA.L� V4, V OhEL Vr WX (Va bw 6 Im. 45 b LOWAlTu%j& '4 0 WOLL TYPOL TUASVE&SE I I i I i 64 11V MWEL TOE 46' aL _PML. I-- A J.!aw c mw aim tog H" A LACA16 SM MY atmm buLum NOTE: ur"14 Em IF PEL9 15 70 WE IOUL T90ABS C' 11WILED TC I* MIA L;',,- 3 IV WK To t 0 WUM, UAIILWO.li� 4 ff LL MAX. AWS5 �LkL. 1,U, VLA�, IIEW - US S�O'. S LCTI ON --A- As ullsmup amam W. DIST ;Mbwjo It-" TOE O&S wo nu TJL4 V, 14' 7 bV 4' tC- 4 HOULD" LAMINATED fflm 164 W" W If um ................ I'W WWOCO PuTE iiuO Q T VAJ YK "i Im MR rat, kh IN ww bw tie M III Wma ifia a *,*,wa SE�TION -A-V U": W -r -r wnwi uammam WMTHIN HU i RATE PU AL"bltlk As I'Ll-Ir " ax VADUM mamolff r n 44 UUWU% -INAML" ."OLE puklL FG& TlMlAk LOWTRULTION of cco( SO. corl"tt ikvv"-� , '' eL I at ot CO A 0 Q1 4M 40, -P, 4 40 7 top 4 v F \A* 4,1 N .1b 4(1A 4Qj m WE: Plit klQUI&ES WEI&L DWISM AND MI)ST PIA PILE WFPUT WDEPENOW N UATLEVEt pkno ?Lko ViEw TYPWL 0 WTI LEY EKED— PhTlg DUML 1601 Is $CAL% p 104 VIEW �tJEROTE i qr rring NOT IQ MA" LEVAE musf 154wt, ii,�L f w TAZ Lum CQ,4WWIY 4SLklAl,GWl 0114 a4lAit-TEL WIL01" hi-MiT W�UST NE CITY OF UFWPW bk�� mlu� ULL44S 'AhLL b; Of .15% W TAE OftA PAU wo MU FRWAak�i,' 24CU.�, 2�kLL XLLNJFP bij- )"M 0; M &AYk.AQ EXM, h Lk FDL&�n. I STtULTUlkE oAl U w4 LIM(� Tw,,�� aAq4xnujj t UARLE W ?UTPUKs4 iv'J Of C101" &Uvzuu V (ONSTUCTION L &L FoLlUto UmNr LaAYOL Lk LIA1. F, - �No tit 1. UL (INSM(lOw 19 LNP" -oj.� 0; Ta UTY W WBAXI bL'4R WdWl- a� J� WQILK� ?Lko ViEw TYPWL 0 WTI LEY EKED— PhTlg DUML 1601 Is $CAL% p 104 VIEW �tJEROTE i qr rring NOT IQ MA" ,�7 -7, Linda Isle Community Asso-ciation, B/D Mtg., 9-13-77 Page 3 There being no further business to come before the Board the meeting was adjourned at 9:30 P.M. /�G. M. Driscoll Recording Secretary 4 I LILNJA ISLE COMMUNITY ASSOCIATION, MINUTES OF THE BOARD OF DIRECTORS MEETING SEPTEMBER 13, 1977 The regular meeting of the Board of Directors of Linda Isle�� CALL TO ORDER: Community Association was held September 13, 19177 in the� Clubhouse. The meeting was called to order at 7: 45P. M the president, Dr. Clifford Downs. Directors present: Clifford Downs Lee Lyon Bill Sparr Plug White Hugh Grant Directors absent: Judy Argyros Mike Kensrue Also present: Richard Meredith Eddie Meredith G. M. Driscoll, Management Service Co. The minutes of the previous meeting were read and corrected�1'1`.,�� as follows: PROVAL OF UT�E.S The wording of the sign for the Guest Dock should, be corrected to read "Unauthorized vessels will be towed alway" The minutes were approved as corrected. In the matter of the can"77717=er 7eck that is being consitruct-� , 1 7 ed by Craig Development kRCHITECTURAL' on Lot 38, Mr. Sparr stated that the-- deck in ' :;PMMIT,TEE question, is not a violation of the Linda Isle Development Standards, did not appear to be offensive to the Sparr)� architectural integrity of the Island and that this restric- tion appears to be a rule imposed by some civic authority - Therefore, Mr. Sparr made, the following motion: That the Board of Directors would encourage Mr. Meredith to make whatever applications that were necessary for 1: the construction of the cantilever patio deck on Lot 38 and that the Board of Directors will not withhold associ, ation approval subject to the result of a hearing allow7l ing all property owners within a 300 -ft. radius to voice their -approval or objection. The motion was seconded and unanimously carried. Mr. Sparr reported that an approval to Lot 87 to remove a sec tion of the existing dock to convert to a L-shaped dock was:,. given. .... continued.. --- ------- lip 4:2 7= 7 f F-3 rl F-1 D13 El E3 El 13 13 El 130 :3 11 El D �l 13 El ri [1 0 ED -T ILI [2 L -4.rA. L e-1 AVEST ELEVATION EAST ELEVATION NOTES ene t�,�,4 J-1 [10 'C'— o' NORTH ELEVAT ON 7 A ;G T -4 E"Gir-jerER SHVFT Ti*rLF- 0 F ---------- M_ic IRV, INE 5b 4ewport Ct. Newport Beach. �D2u(,,'� (714) 644-3011 April 25, 1975 Yx. Richard Ohmert, Architect 19462 Sierra Mia Road Irvine, California Dear Mr. Ohmert: SUW=: Final Architectural Review Lot 38, Tract 4003 Linda Isle The final working drawings for the subject residence have been reviewed and approved by the Linda Isle Comunity Association Architectural Carutittee, subject to your ompliance with the notes on the plans and the conditions outlined in this letter. In reviewing these plans our areas of concern were the off- street parking, existing planting areas, and proper alignment of the garage door with -the driveway. At present, Linda Isle residents feel there is a great lack of off-street parking on the island. The changes you wish to make to the existing off- street parking and driveway entrances will require a certain amount of rework to maintain the 8 foot 6 inch width parking spaces that now exist. Also, please refer to our notes on Sheet A -i of the plans we reviewed on April 13, 1975, as well as the notes on Sheets A-10, A-11, and D-2 concerning the other questions t1 -at were raised previously. It will be necessary that all of the al�md- nun frames on doors and windows shall be either bronze anodized or black.. All glass facing the bay should be solar bronze or grey in accordance with the Linda Isle Development Standards. Please suhmit all exterior colors and materials for our review. If you have any questions regarding this review, please call. Sincerely, William E. Mader Cormi�ttee Marber oc: L. Samis X140A.4 .4 0. P&g /6 6H. -i soon* d A-1 SrA r 'C" 00 7Z Ak -440,0* V44AA.XOI*49ir 44o ram 7wmoA)4ojv divr A -z —(d) eoo!A4,'A--"rT o04ol4ow4 A. N A-4 'CAM VUL. K. 19; OS A"NT I N G UTSOF A%J4,E Pl,5 C)NC.Me-rF- 15 U L. K., H E .4 UZ- P76,> I WJ 4 Z HIGH C, T7. TOP �H lU f2p or- C-ONC, bULKHE.,%,(D TO S-rA',RT C,I-A- 3 -(P-- HARBOR PERKIT,POLICIES GENERAL PROVISI ONS FQR,HARBOR PERMITS A. Acceptance of Provisions: It is understood, and agreed by the Permittee' that the doing of any work under the permit shall.constitute an accept-,' ance of all of the provisionsi B. Permit from Other'Agencies: The party or-p''arties to whom the permit is issued shalle,whenever the same is required by law, secure the' written order or consent to any work hereunder�,'from the U. s. Corps of Engineers or any other public body having jurisdiction, and the permit.shall be suspended in operation unless,,and until such �)rder or consent is obtained. C. Transferring Permit: The permit is not transferable without -the written 'consent of the City of Newport Beach, D. Inspection: The work shall be subject to the supervision and approval of the Marine Safety Director. Be Protection of Traffic: Adequate provisions shall be made for the protection of the traveling public. Barricades shall be placed on streets, with lights 'at night, also flagmen employed,,all a required by the, particular work in progress. s ii,iay be The Permittee shall not attempt to forbid the full and free use by' the public of all navigable waters at or adjacent to the work or structure. If -the display of lights and signals on any work hereby authorized is not otherwise provided by law, such lights and signals, as may -be prescribed by Bureau of Light Houses Department"Of Conulierce, shall be installed and maintained at the expense' of the Pe rMittee, Structures shall be so constructed as not to obstruct,,interfere with or prevent the free use or passage of any sidewalks, street, alle : public way or navigable channel. F. Liability for Damages: The Permittee is responsible for all 11ability for personal injury or property damage which may arise Out,'61-Work. herein permitted, ok which may arise out of,the use or Possession of said works, and in the event any claim is made.against the City of Newport Beach or any department, officer� or employee thereo.L, though, by reasons of, or in connection with'su'ch work,.permitr-ee -shall defend, indemnify and hold them and each of them, harmless from such clain. G. Revocation of Permit: The rights given under this permit are perntiss- ive only and the City 'of Newport Beach reserves full righte power -and authority to revoke this permit at any time In the event the Permittee fails to remove said works within the time specifiedi th<�n the Marine Safety Director shall have the,right to immediately remove.same at the cost and expense of the Permittee. He Repairs: The Permittee shall keep the structures in good repa I ir at all timeso Failure to repair, when written notice has been given ljy the Marine Safety Director, shall be cause for the revocation of the permit.' ---- ----------- - ollution co4trol:, The -Permittee shall,'maintain�'the, ,delineated area qn�the ha -i rbor ermit p ree.,,,.an,d,;,,,c,lear from1beached :.or floating 'rubbish', deb is"'' 1 t r s or: it er "at � al 1 times Adequate safeguards shall be maintained by tile :permittee- to:. ave.rt any, other type OfP011ution of Newport Harbor f r m recreational and/or commercial use of � the, tideland$'o :"�"'Faiol 're o, with the p co ly rovisions of this section ',sha be written noti e ..after c has been given to the Rerm�#tee by,��:thp- �,City fox the revocation Of th permit.' ql� POO', C r1l �a -�, ro 7- 4, 'Z z 11 nn, z -4 1p 4 F-uc z tz ;D OA -A w w POO', C r1l �a -�, ro 7- 4, 'Z z 11 nn, z -4 1p 4 F-uc z tz ;D OA -A NAM9 Craii; 3010V*101sont ADDRESS OF PROPOSED FACILITY r #38 Us" Xs MAILING AI)DRb:gS--.-. TVILKP�HONS NO. FEE NO. DATE -- $44-43" �,,C7HECK 50,00 APPROVED BY: DXTR APPLICATION 15 HERASY MADE TO TRANSFER HARBOR PERMIT 134-38 OCHO NUMBER ENO FROM: TO, (960ma Coastr. Coo Craig 1)ovel.- COUNCIL El (BUYCR), PUS LIC WORKS DEPT. SIGNXTURE OF TR A N ? �9TL ESCROW SIGNATURE OF THANE�FEROR OF-FR—AN— ZFEREE INSPECTION SIGNATURE, OF JOINT OWNER 1 ­' , "Z- AP x-, SPECIA NATOR L CON DITIONS: TH IS PERMIT IS REVocAg OF THE MUNICIPAL CODE. E BY THE ITY —VVITH TLE I CITY OF NEWPORT IiIEACH, CALIF. wx ro"m i3ki-1033 ol i 31 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES, CALIFORNIA 90053 SPLCO-N 15 August 1974 14r. Eddy Meredith #38 Linda Isle' Newport Beach, California 92660 Dear Mr. Meredith: Reference is made to your request of 2 May 1974. Upon the recommendation of the Chief of Engineers and under the provisions of.Section 10 of the Act of Congress approved March 3, 1899, entitled "An act making appropriations for the construction, repair., and preservation of certain public works on rivers and harbors, and for other purposes," you are hereby authorized by the Secretary of the Army to revise the deck, ramp and float, previously installed under authorization dated 29 March 1974 (73-22), at 38 Linda Isle, Lot 38, Tract 4003, City of Newport Beach, County of Orange, California, as shown on the attached drawings and subject to the attached conditions (a) through (v). BY AUTHORITY OF THE SECRETARY OF THE ARMY: 4a"All , /. pcu-,�� ;00 4r JOHN V. FOLEY CITY OF NEWf--,,.,RT 13EACH HARBOR AP�.ICATION NO.. 7c, 4..v, co -S a;, AU lb. 0� no Al cl, qb t VICIMITY SkETCH N 6 WPOVr E�A Y/ CA4 IFOR NIA 0 A2 ;�5ii Foll--) 9 5 O�e exl-l-cssccy, reel ona, cy.-nale Cye,- � A Z)eIOW I-7CO17 1-avve� Zo- A-jox/."//,w ro,�-?e 0/- ll<�IC 0,0,0 1-4-1 X / IWO i&ll�- /0 "eei HOr,60e 11�7eS Ore CSiObl,'Shcd /;7 /h�'5 Secl','0,7 OlrM--W,,0ol1 Bar. -T 74 ZZ4;rJr -TOE? 4 z ....... _10B AICA91elF19 or 74 ZZ4;rJr 61 241,0 Newport Boulevard 14aU4W.4'" 9 4"OCkdaf Newport Beach, California. .92660 WATERFRONT CONSTRUCTION Telephone (714) 673-1960 Contractors Uconse No. 258975A 1 November$ 1974 Paul Salata #98 Linda Isle Newport Beach, Calif. 92660 subject: Dock for Mr. Ed Meredith, #38 Linda Isle. Dear Mr. Salata: Enclosed please find copies of the drawing for Mr. Meredith. inasmuch as Higson Construction Co. obtained the original permits (copy enclosed) I assumed that further submittals would not be required. I am sorry for not submitting my drawing to you. If you hav e any questions, feel free to contact me. Sincerely, TRAUTWEIN AND ASSOC.0 INC. S ISS Vice- President SK:jn c.c. Ed Meredith --7 77.7 -7- -- ---- 2410 N*wport bauhr4akl NoWpart.lkach, California 9261" Wephom (714) 673-1960 WATERFRONT. CONSTRUCTION Contradws Lkefus No. 25WSA XCYVMb,6r, 1974 Bill Mader 550 Newport�Center Dr. Newport Beach, Calif. 92663 Subject: Dock for Mr. Ed Meredith, #38 Linda Isle. Dear Mr. Mader: Enclosed please find copies Of the drawing for Mr, Meredith. Inasmuch as Higson Construction Co. obtained the originai permits (copy enclosed) I assumed that further submittals would not be required. I am sorry for not submitting my drawing to you. If you have any questions, feel free to contact me. Sincerely, TRAUTWEIN AND ASSOC.$ INC. Kniss Vice -President SK: jn C.C. Ed Meredith 0 "CITY'.0,F. NFEW-V RT DIACH #144po" V VcAT low W4, 0170 At Atop,* sc,.'o coo SIP W-1 4P.4 dop "tow #A -#C VIC#AJITY SkETCH W" or. -4 V, CAL IFIoami^ lb L $b4V'n &P *1 CWV 'V6fOL'kPCSSdPOf OPT 0" 104 5 6flow *Fwo-7 4ower 4*w,i%okpArw-. '-wnp* OJO, soio(c nox, ?,.g '-"y /0 4WA " seciedw V3 IfA oe ooe) '7— Ok 35 3 37 AAA F 74 0 9 M�k eAPI 7-;W APAkA:4,VI-V A"04 - 3S ZIAz,0,4 /,-rz-dr �rp"e oe 0 aro"'.) lav �F -�o o 3 wl . ... ...... TRAUTWEIN BROS. JBJECT- SHi- General EngineCTing Contractors ------ 62-� ------------ zze� - - - - - - - - - - - - - JOB NO. 44wporf Blvci N*wPOff 800ch, Calif. 92660 ZE22.!� 673-1960 DATE //,/,o 4r e— CHKO. By------ DATE -------- p45-1 ----------------------------- I Al Z e.) 7- -? 9 L 4 -AJ 0 01 ra ri sw -f) 4 L T IP14- 15, -oP— A, Z:�ol 4-- si E 50 f 10/ 4, Or- 05 4 100" -I- — STATUS SHEET HARBOR PERMITS PIERS, PILE DRIVING, ETC. Newport Beach, Calif., 92660 GENERAL ENGINEERING CONTRACTORS Contractors License No. 238975A Phone (714) 673-1960 Craig Dovolopi-w--nt Cor-). TO: rilhe- -Mer-e&i-t1r --eomlz)'Et� 305 E. Main Tustin, Calif. Dear: Enclosed please find our quotation to you on your .proposed project at #38 Linda Isle if the quotation is agreeable to you please sign the original and return it to us as soon as possible with your check for the applicable down payment. Retain the carbon copy for your records. For your conveni ence and to expedite the processing of the permits, etc. that are necessary to the above project, I can sign for you as your agent on all such documents. if this is your desire please endorse below. Sincerely, 1-1 TROAUTWE BROTHEPO S Sa Kniss I authorize you to act as my(,agent on the above proDect. CORP . Signature i-!eredith, 1'rosic�el-lt Date .--Pril 10" 1974 �l COASTAL Z0M- 2- CC,:L�]-';L�6�' W 7hilus r6ow-0,;'ect Coast congsarvuoNorn Construction of a private dock and slL,,), o Cl rj a extend past existing bulkheads. 38 Linda Isle, Newport Beach July 16, 1974 P-5-31-74-3441 MUST BE POSTED PROMINENTLY AT CONSTRUCTION SITE Mz�,vjn J. Carpenter Executive Director sou'wh Coast Conservat;on STATE OF CALIFORNIA RONALD REAGAN, Governor CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION SOUTH COAST REGIONAL COMMISSION 666 E. OCEAN BOULEVARD, SUITE 3107 P.O. BOX 1450 LONG BEACH, CALIFORNIA 90801 (213) 436,4201 (714) 846-0648 PERY9- T NO. '�—'3q4 I VERIFICATION OF PE=T I The regula tions of the California Coastal Zone Con— servation commissionp Section 33510, specifies that no permit shall become effective until a copy thereof has been returned to the Regional Commission, upon which all permittees'have acknowledged that they have received a copy of the permit and understand its contents. You are therefore requested to verify the following statement after completely reviewing your permit and return the signed verification to the Coastal Commission within ten (10) working days following the permit issuance. The undersigned permittee acknowledges receipt of the California Coastal C . ommission's approval of Permit Number ?-,5 q and thoroughly understands the contents of the permit, including any conditions imposed. ,loMr, OW C,,AUF0r?N1A'.' CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION SOUTH COAST REGIONAL COMMISSION 666 E. OCEAN BOULEVARD, SUITE 3107 P.O. BOX 1450 LONG BEACH, CALIFORNIA 90801 (213) 4364201 (714) 846-06A8 RESOLUTIMIT OF APPROVAL AIV.,D P E FJ�11 T Application I�Iumber: P-5-31-74-3441 Name of Applicant: Craig Development Corp. 305 E. Main, Tustin 92705 Permit Type: Standard. E] Emergency Development Location: 38 Linda Isleg Newport Beach Development Description: _Construction of a private -dock and slipq does not extend past existing bulkheads Commission Resolution: I. The South Coast Conservation Commission finds that the proposed development: A. Will not have a substantial adverse environmental or ecolog- ical effect. B. Is consistent with the findings and declarations set forth in Public Resources Code Sections 27001 and 27302. C. Is subject to the following other resultant statutory pro- visions and policies: City of Newport Boach ordinances. - D. Is consistent with the aforesaid other statutory provisions and policies in that: approval in concept has been issued. E. The following language and/or drawings clarify and/or facil- carrying out the intent of the South Coast Regional Commission: �)rnrov,-7i! in rnr,­"- Resolation of Approva2l- 1.nd Permit Page. 2 II. Whereas, at a public hearing held on July lo 1974 (date) at Long Beach by a unanimous voc vote here— (location) by approves the application for Permit Number P-5-31-74-3441 pursuant to the California Coastal Zone Conservation Act of 1972, subject to the following conditions imposed pursuant to the Public Resources Codes Section 27403: None III. Said terms and conditions shall be perpetual and bind all future owners and Dossessors of the property or any part thereof unless otherwise specified herein. IV. The grant of this permit is further made subject to the following: A. That this permit shall not become ' effective until the attached verification of permit has been returned to the South Coast Regional Conservation Commission upon which copy all permittees have acknowledged that they have received a copy of the permit and understood its contents. Said acknowledgment should be returned within ten working days following issuance of this permit. B. That said development is to be commenced on or before 360 days from effective date of approval. V. Therefore, said Permit (Standardt MmP=gmm)qy) No. P-5-31-74-3441— is hereby granted for the above described development only, sub— I- ject to the al-��'ve conditions and subject to all terms and pro— visions of thz� Resolution of Approval by the South Coast Regional Conservation Commission. ITT. Executed at Long Beachp California on behalf of the South Coast Regional Conservation Commission on July 16 197 4 CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION SOUTH COAST REGIONAL COhV,�ISS:ON 666 E. OCEAN. BOULEVARD, SUITE 3107 P. 0. BOX 1450 LONG BEACH, CALIFORNIA 90201 (213) 436-4201 (714) 846-0648 RESOLUTI0111T OF APPROVAL A"t P ER�'II T Application ��-umber: P-5-31-74-3441 Name of Applicant: Craig Development Corp. 305 E. Maing Tustin 92705 Permit Type: Standard. Emergency Development Location: 38 Linda Isle, Newport Beach Commission Resolution: I. The South Coast Conservation Commission finds that the proposed development: A. Will not have a substantial adverse environmental or ecolog- Ical effect. B. Is consistent with the findings and declarations set forth in Public Resources Code Sections 27001 and 27302. C. Is subject to the following other resultant statutory pro- visions and policies: City of Newport Beach ordinances. D. Is consistent with the aforesaid other statutory provisions and policies in that: approval in concept has been issued. E.. The following language and/or drawings clairify and/or facil- itate carrying out the intent of the South Coast Regional Zone Conservation Commission: application, site map, plot plan and approval in concept. Resolution of Approv and Permit Page 2, II.. Whereas, at a public hearing held on July 1, 1974 (date) at Long Beach by a unanimoust�gx vote here - (location) by approves the application for Permit Number P-5-31-74-3441 pursuant to the California Coastal Zone Conservation Act of 1972, subject to the following conditions imposed pursuant to the Public Resources Codes Section 27403: None III. Said terms and conditions shall be perpetual and bind all future owners and Dossessors of the property or any part thereof unless otherwise specified herein. IV. The grant of this permit is further made subject to the following: A. That this permit shall not become effective until the attached verification of permit has,been returned to the South Coast Regional Conservation Commission upon which copy all permittees have acknowledged that they have received a,copy of the permit and understood its contents. Said acknowledgment should be returned within ten working days following issuance of this permit. B. That said development is to be commenced on or before.360 days from effective date of approval. V. Therefore, said Permit (Standard, No. P-5-31-74-3441 is hereby granted for the above described development only, sub- ject to the above conditions and subject to all terms and pro- visions of the Resolution of Approval by the South Coast Regional Conservation Commission. VI Executed at Long Beach, California on cbehalf of the South Coast Regional Conservation Commission on july: 16 1974 M.J. Ca4nter Executive Director C OASTAL ZONE COEMSERVIA720M, COMMISSION This project has be on, qpyrmved by the South coast Conservation comm*225*00ne Construction of a private dock and slip, does not Project NaMe__.�xtend past existing bulkheads. Prolect Addre5r, 38 Linda Isle, Newport Beach July 16, 1974 parUn*T Mo. P-5-31-74-3441 Date MUST BE POSTED PROMINENTLY AT CONSTRUCTION SITE Melvin J. Carpenter Executive Director -South Coast Conservation Commission 4-�j�Wf'01`141A COASI')%L CU',VAI�lUiN SC�UTH COAST REG:ONAL CO,',tYJSS:O.N 6��I, E. CCEAN BOUL:"A�D, SUITE 3107 BOX 1430 LO�;', BEACH, CAL!FC,-.--'IA (213) 435-4-.,011 (714) e4ct-C6-C3 RESOLUTIO'! 0-7 A"D P-E'F—'-7 T Application !-v�mcer: P-5-31-74-3441 Name of Applicant: Craig Development Corp. 305 E. Main, Tustin- 92705 Permit Type: Standard. Emergency Development Location: 38 Linda Isle, Newport Beach Development Description: Construction of a private -dock -and slip, does not extend -past existing bulkheads Cotmission Resolution: I. The South Coast Conservation Commission finds that the proposed development: A Will no� have a subst anti a-1 adverse environmental or ecolog- ical offect. B. Is consistent with the findings and declarations set forth in Public Resources Code Sections 27001 and 27302. C. Is subject to the following other resultant statutory pro-, visions and Dolicies: City of Ne�,port BL-ach ordinances. D.' Is consistent with the aforesaid other statutory provisions and policies in that: approval in concept has been issued. E.. The following language and/or drawings cla*rify and/or facil- itate carrying out the intent of the South Coast Regional Zone Conservation Commission: ap-plication, site m ap , T�) T o t-, r)" f:in__.an:d _pT)prbval in concept. II. Unereas, at a public hearing held on July 1, 1974 (date) at Lon" Beach by a unanimousti!;x vote here - 9 (location) by approves the application for Permit Number P-5-31-74-3441 pursuant to the California , Coastal Zone Conservation Act of 1972, subject to the follo,.-Ting conditions imposed pursuant to the Public Resources Codes Section 27403: None III. Said terms and conditions shall be perpetual and bind all future owners and Dossessors of the property or any part thereof unless othen�nise specified herein, IV. The grant of this permit is further made subject to the following: A. That this permit shall not become effective until the attached verification of permit has been returned to the South -Coast Regional Conservation Commission upon which copy all permittees have�acknowledged that they have received a copy of the permit and understood its contents. Said acknowledgment should be M ce of this returned i.iithin ten working days following issu- -i permit. B. That said development is to be commenced on or before '360 days from effective date of approval. V. Therefore, said Permit (Standard, No. P-5-31-74-3441 is hereby granted for the,above described development onlyy sub— je . ct to the above conditions and subject to all terms and pro— visions of the Resolution of Approval by the South Coast Regional— Conservation Commission. VI. Executed at Long Beach, California on behalf of the South Coast Regional Conservation Commission,on July 16 , 1974 F7 M.J. Carjl��,nter Executive Directo-r' RONALD REAGAN. Gayernor STATE OF CALIFORNIA CALIFORNIA COASTAL ZONE CONSIERVATION COMMISSION SOUTH COAST REGIONAL COMMISS;ON 666 E. OCEAN BOULEVARD, SUITE 3107 P.O. BOX 1450 June 112-1974 LONG BEACH, CALIFORNIA 90801 (213) .4 . 36-4201 (714) S46-0648 NOTICE OF PUBLIC HEARING order of the California Coastal Zone Conservation Pursuant'to Said public Commissiont notice of public hearing is hereby given July 1, 1974 Agenda for hearing is scheduled on the application for Permitt N=ber P-5-31-74-3441 as submitted by Mr. -,Ed Meredith Construction of a private dock� The subject request is to pem, it and i3lip at 28 Linda Isle, Newport Beach 9:00 am Said agenda public hearings will commence at on July 1 , 1974 at Long_ Beach Harbor Administration Bui-lding. 925 Harbor Plaza Dr. Lon8_Bcach, Board.Room, 6th Floor during which time all persons.-either.favoring or opposing the application will be heard. Any written correspondence regarding the application should be directed to this office prior to the hear-- ing date. n - All interested individuals who wish additional informatioti may co tact this office. iup M J. C4)Ten Kecuti-�ye Director VAC FOR APPLICANT ONLY..* COPY OF THIS NOTICE IS TO BE POSTED ON SUBJECT PROPERTY, CONSTI-IUC' "!ON CITY OF NEWPORT 13EACH 0 DATE - -- ----------- --------- HARBOR PERMUT SE TACH PERMISSION IS HEREBY C -PANTED TO CONISTRUCT AND MAINTAIN THE FAC,'�5.JTY Oh TiNE, NERZOF, AT THE SITE TO TH�,Z iaV:�VOUS Ot THE "ARROIR H A N t; ANY SPECLAL 46 NOT THE C4rTY T�4 �50 A"D 7�115 PZRIMIt'l' MAY B'9' IN ACCORDA.'NiCE W'�TH -i*'T:'.z it GF T-liF fAU-.NICT'AL 0001E. CiTY HARBOR COO-R—W-VIATOR ILK– 3 y PIERNIT DATE SPECIAL CONDITIONS: Corps F–M-7 4 STATUS SHEET, HARBOR PERMITS LOCATION New. Revision Dredging Date Re c'v 4—IL-73 Fee Amt.- Fee Processed Date Reviewed by M.S.O. Approved Denied Correction Req1d. Desc. City Council: Approved Denied Remarks DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC SARWQCD J.H.C. Or.Co. T*I.C. Applic ation 2. Consent Letter 4-1171 3. "Waste" Letter a -z-11 4. Drawings /2 5. Staff Report 6. 7. 8. REMARKS FIR, A. (a F= HARBORS, BEACHES AND PARKS WSTR�CT April 12, 1973 Higson Cons truct ion 19 Bay Island Newport Beach, K Eil. N ET H. SAMPSON 1 E C -C,% 1901 B A': SIDE D�� . E NEWPORT BEACH, CALIFORN;A 92662 TELEPHONE: 834-4794 AREA CODE 714 Attention: ja.mes t Dear Mr. Higson: The Orange Cc,-�nty har�,�or!�, 13'eachas. and your Drive app] i -cat ion for the instal lar of a n& and recommended that -x')n-commercial u��. �jc. �r- the City Your permi.- is ;e o f N ew p ort � e a ch h e o n n,: "-piarded to you. ?lease I e Thank you for your c000�.rat.50n e r r!ARI-'�."--, .,,,t, KEWN��'7' 49� DF. qc DIAR,- S S or� M�an cer Encio.�jres cc: C lity of '!e��.�po rt 3each ,,W/pe rm AL -C It- V!;�� OF'NIEW -Oft RF-ACULMARAn p NON-COMMERCIAL USE Date 3-26-73 APPLICATION 7, Transfer of Ownership '�K..New Installation Application is hereby made for a non-exclusive revocable permit for a 7 Major Revision of a structure located on Orange County Tidelands as shown on the attached exhibit. The appli- cant agrees that the use of the aforesaid tidelands will be in accordance with the conditions listed on the reverse side hereof. The $10.00 application fee is attached and it is understood the fee is non-refundable. The applicant certifies that he is an owner or lon"rm leaseholder of the adjacent up�Ods/ /1 _I TI 'Jqmes D. Higig:�6n, Pres. /.I- HIGSON CONSTRUCTION COMPANY# INC. TYPE OR PR)NT NAME Pie3tydress:38 Linda Isle., Newport Beach, Calif. ADDRES5 Mailing Address: 19 Bay Island, Balboa, Calif. 92661 NON-COMMERCIAL USE P E R MIT 7 Transfer of Ownership 'S:_New installation A non-exclusive revocable permit for a 7 Major Division of a structure located on County tidelands is hereby granted to the owner or long term leaseholder of the adjacent uplands, for the purpose of encouraging recreational boating in Newport Harbor. The permit is subject to all con- ditions and limitations referred to in the application. IN WITNESS WHEREOF, the Director of Harbors, Beaches and Parks, Acting on Authority dele- gated by Board of Supervisors Resolutions 69-836, 70-32 and 71-1399, hereby grants the Permit on behalf of the County. KENNETH SAMPSON, Director of Harbors, Beaches and Parks rc'��s 8/22/72 CONDITIONS The Applicant Warrants and Agrees That: 1 . The attached exhibit furnished by the applicant shows accurately the location, extent, and character of the work for which this permit is granted. 2. The County tidelands utilized under this permit are for the recreational use of the fee owners or long-term lease holders of the adjacent uplands, and if the facilities are rented, leased, or used in any manner for the applicant's financial gain, the permit will be automatically forfeited. 3. This permit is not subject to transfer, assignment, alienation, pledging or hypothecation; any change in owner- ship requires a new permit. 4. The County of Orange retains authority to cancel the permit without cause upon 30 days written notice to the Perm.ittee's current mailing address kept on file with the Orange County Harbors, Beaches and Parks District, 1901 Boyside Drive, Newport Beach, California 92662. 5. In the event the Permittee is requested to remove any facilities, the removal will be mode and the site restored to its prior unimproved condition at no expense to the County or the District. If the facilities are not removed as requested, the Permittee acknowledges the financial responsibility and agrees to reimburse the County or the District for any expense incurred in the removal of the facilities. 6. A11 facilities covered by'this permit shall be maintained in good repair and failure to comply will be cause for cancellation of the permit. 7. The permit shall be automatically forfeited in the event the facilities are unused by the applicant for a period of one year. 8. The County has adopted a policy for the renting of tidelands to the adjacent property owners. The area covered C by this permit will be subject to the fee so established by Resolution 71-1399. 9. The County of Orange and the Orange County Harbors, Beaches and Parks District shall be held harmless from any and a I I liabilities arising out of use of these tidelands. 10. This permit does not eliminate the need for other permits for construction and use of facilities, as may be re- quired by other governmental agencies. 11. The improvement is limited to a single pier and float or slip bayward of each parcel or lot. SPECIAL CONDITIONS The yu ,�r—s;idr ed further agrees to the S�,�ial,Pdnclitions listed above. APPLICANT Qt q: A CITY,' -OF NEWPORT- BEAM HARBOR APPLIL-SION NO. q 2 0 Ad D A0 PAC C, C"= c" e, -7 'v VICIMITY SKETCH Nm%%,Poo?r 5^y, CAL woc&NIA 7 9 6-A'oe-cs-se& rcre" on& a�&Voldr 5 below /L'7t-0'7 lorve'- Zow Motler. A-loxi'"C."77 r'o'?5?e- al, Arlov-ho /,,7 C.S '63A ore esiobl."ShW& /,;7 -/A113 5ecllo'? oy'r'Alew y '~ / A5 so/ 12- — --------- 110 x ovorrItAl L C -T HIGSON CONSTRUCTION CO., INC. L -r c> "38 38 Linda Isle, Newport Beoch, Calil. qz660 4003 38 r.0407-- /-Or J. D. Higson 3/21/73 � �rcc| � . ~ � ` ---_- � � <[ounLy Ti(!c>Js Newport Har' -)Dr � � I ` TIDELANDS � THIS IS AN AGREEMENT by,"COUNTY", and —1 �Ugapll—c- ' - ` USE/\ND OCCUPANCY AGREEMENT - RESIDENTIAL ind between the COUNTY OF 8RAUGE° hcroinafter referred to as g:gg,;_tructiqn Company, Inc. LJ, - hereinafter referred [01|TTEE". ` � 't,]yT' NES SET�� . l ~ C3UNTy ran - s t. o P E R i iTTEE u oy a por���Oo of �n ^se �ands , 'commc)n!y refc as Tide>ands , conveyed to [OUN�TY May 25, 1919, by act of � the Legislaturc of the State, of California,. 5o|d T�delends are, morc specifically identified '6yExhi here -to A� attached hcr�� and by reference mae a part hereof, and are hereinafter referred to as the "Du;n.isc6 Premises". �[ 2. Th~ Demised Premises ll be used for purposes related and incidental to ownership, operation, and main c� of private,noncommercial boat -berthing facilities by - the owner of the si, fami\y residential property adjoining the Demised Premises . (PERMITTEE). ` � � 3. This agraement shall create ayear to year tenancy commencing January ), of every year, and may he terminated earlier as hereinafter provided in Go�nera) Cond!tions. . 4. The term of th i s Aoreement may be exteend�-,d f rom, yE;ar to year on the same terms and conditions as hereiin contained. Such extension shal 1 be effectvc upc-! thc P.a-ymcnt by PERMITTEE and 5^ PERMHTTEE agrec o . d". ".g "= `"^. ^^^ � be ou� ano pa ' �n h c oeo of Orange and sha 1 . Drive, .`e.p~, ^ S^. at _' time by COUNTY_. ' ddays,writtcn notice E 6^ If money pal/able to COUNTY as a condition of this Agreement is not paid ,..,,hen 6ua. � 2 penal ty Of s ix percent (6%) f the amlount due and unpaid shall be &ddcd -,o the shall become immediately due and Payable to COUNTY, ' A further penalty of six percent (6%) of thu amount due and unpaid, 7nclod�n� previously assessed ol6cs, shall be added for each month that said arnuunt . remains unpaid. � /. This AQ eement and�any � rights herein conveyed aro subject to theCeneral Conditions printed on the reverse side of this page and by reference incorporated herein. By execution of this Agreement, PERMITTEE: agrees to comply with and be bound by said conditions and all other terms hereof. ' Date COUNTY F ANGE "Kenneth SampsoR ' | ` _ ---�- -,_ - ' | ' �~-l3` q3 adopted Hi�ou� Constructiono. 7l ` J� l97)-^ - -------' --- . .- - -/- ' ` %��� /2��ll1�o���r � � 19 Bay Island, Beach, calif. 9 , --_'� ���, ` 3r'ier address: 38 Linda Isle, Newport Beach . APPROVED AS TO FORM Adrian Kuyper^*County Counsel ^, ' By ` , C r 01,"NE C ON PERMITTEE shall indemnify and save harmless COUNTY,,its officers, agents, and employees, from and against any and all claims, demands, loss or liability of any kind or nature which COUNTY, its' officers, agents, and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, or dama7e to property as a result of, arising out of, or in any manner connected with this Agreement or with occupancy and use of County Tidelands by PERMITTEE, its officers, agents, employees, subtenants, licensees, patrons, or visitors. 71. PERMIr."TFE a-rees and certilfies by signinP--,-, thLat �e 1 -1 shall maintain comprehensive publ-ic liabl"Lit,/ insurance in throughout the term of this Agreement. Said policy shall have limits of not less than $100 000 and $300,000 for injuries to person or persons, and not less than $100,000 for property damafr.e. 3. Should PERMTTTEE default in the performance of any covenant, condi- this Agreement, and such default iis not tion, or agreement contained in -corrected within a reasonable time after PERMI"I"TEE receives written notice of default- from COUNTY, COUNTY may terminate this Agreement. All rights of PERMTTTEE arid those who claim under PERMITTEE, stemming -from this Agreement,, shall end at the time of such t-ermination. if litigation is required by COUNTY to enforce the terms of this COT UNT11 shall be Agreement because of breach or default by PERMITTEE, 1% � entitled to recover from PERMITTEEE the cost of sustaining such 'Liti- gation, including reasonable attorney's fees, as fixed by the Cuourt. 4. PERMITTEE agrees, upon expiration of this Agreement or the sooner termination as herein provided, to remove within thirty '(30) days all improvements of any kind or nature fron the De-mised Premises and to leave -the Demised Premises in good condition. Should 1DERMITTEE fail to remove said improvements within thirty (30) days, COUNTY may remove and/or sell and/or demolish said Jimprovements at the expense of PERMIITLITEE, and PERMITTEE hereby agrees to Day to COUNTY the reasonable cost of such removal, sale, or demolition. At the option of COUNTY, any and all improvements not removed by PERMITTEE as provided herein shall becomme the property of COUNTY. 5. Neither this Agreement nor any of the rights nerein granted shall be assigned without the prior written approval of COUNTY. Any, assignment without COUNTY'S written approval shall be void. 6. PERMITTEE agrees no improvements shall be erected, placed upon, oDerated nor maintained on the Demised Premises, nor any business conducted or carried on therein or therefrom in violation of the terms of this Agreement, or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency having jurisdiction. 7. 1 PERMITTEE shall keep and maintain the Demised 'Premises and any. improvements thereon in good and substantial repair and condition. All improvements within the Demised Premises shall remain the property 'TY shal-I have no of,PERMITTEE during the term of this Agreement. COUN Obligation to PERMITTEE for the condition off the improvenments or for the condition of the Demised Premises. PERMITTEE shall mnake all neces- ted to, the �sary repairs to improvements, including, but not limit 1 . . maintenance of piers, moorings, buoys, walkways, plumbing, and electrical PERMITTEE further agrees to keep install'ations (including lighting). L- 1 Demised Premises free and clear of rubbish, debris-, and -Litt-er at !the i., all times. Agreement may.be terminated by COUNTY by giving thirty (30) 8 This clay s--fibt I de I=LE�.�,i,-:7trr-w�tr--evc-ri:t;-7-c-O-UNTY e4ieets *to 6- te:rminat.e this Agreement and PERMITTEE is not in default in the perform - a 'ce of any'covenant, condition,.or term,of.this Agreement, PERMITTEE. - 1. 1 n: � - nnual rental fee shall be entitled to a proportionate refund of the a from the actual date of termination. Any proration shall be on the basis of a 30 -day month and 360 -day year. i -he boat -berthing facility covered 9. In the event all or part of t by this Agreement was constructed after January 1 of the current year, the applicable annual rental charge for the newly constructed - day of the first month portion shall be prorated from the first following completion of construction to year's end. For the purposes of this Agreement, completion of construction shall mean!the date the facility was substantially in place and capable of berthing a vessel. 103-06 2 . 0 `� 2 T!I� Of NEWPORT BEACI �HARSOR. APPL"AITION N, 0./ Jll COMTRUCTION PERudff DATE SEE ATTACHED SHE HARBQ'il' PE, i'll"OHIT PERMISSION IS HEREBY CP"P'.N'T'ZD "'F0 Amb MAINTAIN THE FA(NMTY Za-Nl-%:�'N' 0', oF, AT THE SITE To C,;"' TPE 14ARBI—YPA FEWIVH"T VOnJ�l-"'2'.'S C�'F PFUU"Cri Allvc," ANY SPECtAL is Kc—, THE CiTY HAR2,GR CTI"�� C- Ukllacu.. THil; RIGHTS GWEN1 UIH7-EE51, Trill"ll AND THIS PLAIVNT MAY Bi� .2V THL C,,.'TY COUNCiL IN ACCORDANCE WITH Ta'TILL' 17 OF TIME CODE. CITY HARBOR COORUH4,QATOR PERMIT NO. DATE SPECIAL COND111ONS; cerps, e -A Eg-.'�,-iacevs 'LPerrnit braings County Permit Other. NOTE: 1. A Construction Permit is valid for two years from date of issuance. 2. Separate permits from the Community Development Dept. are required for any electrical or plumbing work done on piers -and floats. 3. Separate permits from the fire department is required for any installation of fire protection equipment. 4. Upon completion of all work related to a Construction Permit the applicant must notify the Marine Safety Department for an inspection of the facility. This must be done before a final permit will be issued permitting occupancy of the facility.