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.