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HomeMy WebLinkAboutItem 1 - Commercial Pier at 508 S. BayfrontaEwvoRr CITY OF °� ms NEWPORT BEACH Cq�F00.HP Harbor Commission Staff Report Agenda Item No. 1 March 13, 2013 TO: HARBOR COMMISSION FROM: Public Works Department Chris Miller, Harbor Resources Manager 949 - 644 -3043, cmiller @newportbeachca.gov TITLE: Commercial Pier at 508 S. Bay Front — Request for a New Permit ABSTRACT: The commercial pier at 508 S. Bay Front encroaches in front of the neighbor's property at 510 S. Bay Front. Per Newport Beach Municipal Code ( "NBMC ") 17.35.020(F), a new permit approved by the Harbor Commission shall be required upon a change of ownership of the permittee's property. The property at 508 S. Bay Front is currently in escrow, and the Buyer is requesting a new permit. RECOMMENDATION: The Harbor Commission may approve a new permit for 508 S. Bay Front for the dock system in its current configuration, or; 2. The Harbor Commission may deny the permit request for 508 S. Bay Front in its current configuration, and require the dock system to be confined within the water area defined by the property line extensions of 508 S. Bay Front only. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the Harbor Commission find this action is not subject to the California Environmental Quality Act ( "CEQK) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Commercial Pier at 508 S. Bay Front — Request for a New Permit March 13, 2013 Page 2 DISCUSSION 1. The pier at 508 S. Bay Front ( "Pier ") is in the name "Vivian M. Vallely Trust." 2. The properties at 508 and 510 S. Bay Front are located on Balboa Island, Section 1, Block 9, Lots 5 and 6 respectively. 3. 508 S. Bay Front is zoned "Mixed Use Water Related." Therefore, the Pier is considered a commercial pier. 4. Vallely purchased the commercially zoned property at 508 S. Bay Front in the mid 1930's. A pier permit was issued by the War Department on April 27, 1936, per John Vallely. 5. In the mid 1930's, 510 S. Bay Front was commercially zoned, per John Vallely. 6. In 1938, Vallely obtained a letter of approval from Santee, owner of 510 S. Bay Front, to "install floats and pilings directly in front of my property Lot 6, Block 9, Balboa Island." A May 7, 1949 letter of substantiation is signed by Santee and notarized, per John Vallely. 7. On July 18, 1938, the City Council approved Vallely's request to "install a float fronting on Lot 6, Block 9, Section 1, Balboa Island." (Attachment C) 8. On December 27, 1966, the City Council approved a harbor permit application for 508 S. Bay Front after reviewing a Public Works memorandum regarding maintaining an existing float bayward of Lots 5 and 6. (Attachment D) 9. NBMC 17.35.020(F) a. "Encroaching Piers and Floats. In areas where existing piers and floats encroach in front of abutting upland property owned by others, a new permit approved by the Harbor Commission shall be required upon: i. Any change in type of existing use of the piers and floats; ii. Any change in type of existing use of the abutting upland property owned by the permittee; iii. Any change of existing ownership of the abutting upland property owned by the permittee or upon death of the permittee; iv. Any destruction of the pier and float in which over sixty (60) percent of the replacement value of the pier and float has been destroyed. Before the Harbor Commission acts on the new permit, the owner of the abutting upland property, in front of which the harbor facility encroaches, shall be notified in writing of the meeting in which the new permit will be considered." Commercial Pier at 508 S. Bay Front — Request for a New Permit March 13, 2013 Page 3 10. Vivian Vallely passed in 2012. Staff determined that the pier was in the Trust's name (not the person Vivian Vallely), so the requirement of a new, Harbor Commission approved permit was not required at the time of her passing. However, a change in ownership is currently in process, therefore the Harbor Commission must now act. 11. A letter dated March 5, 2013 was sent to 510 S. Bay Front notifying the owner of the Harbor Commission meeting. (Attachment E.) 12. NBMC 17.35.060(A) — Balboa Island — Noncommercial Piers a. "No new noncommercial piers on Balboa Island shall be approved unless determined by the Harbor Resources Division and Harbor Commission to be in the public interest." i. This means that 510 S. Bay Front may not build a pier. 13. Views are not protected in the City. 14. NBMC 17.35.020(B)(2) &(3) —Setbacks. a. "All piers and slips for commercial properties may extend to, but not past, the prolongation of the property line." b. "The prolongation of the property line bayward of the same bearing from the bulkhead shall generally be used in determining the allowable setbacks for piers and slips." i. Commercial piers, such as at 508 S. Bay Front, are allowed to build their piers to the property lines, as opposed to residential piers which must maintain a 5' setback. 15. NBMC 17.35.020(A)(1) &(10)— Piers a. "No permits will be granted to persons other than the owners or long -term lessee of the abutting upland properties." i. This establishes the right for a pier at 508 S. Bay Front. Commercial Pier at 508 S. Bay Front — Request for a New Permit March 13, 2013 Page 4 b. "Permits maybe granted for joint ownership piers at the prolongation of common lot lines. The permit forjoint ownership piers shall provide that all parties shall have equal rights under the permit and shall be held jointly responsible for compliance with all rules, regulations, and conditions set forth in the permit." Many piers on Balboa Island and elsewhere are shared by two or more properties if the pier extends across the joint property line. The Pier at 508 S. Bay Front is not shared with 510 S. Bay Front. 16. On February 25, 2013, the Buyer's Agent requested that they be placed on the March 13, 2013 Harbor Commission agenda. The Buyer is Mr. Terry Causey. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the Harbor Commission considers the item). Submitted by: 4Y Chris Miller Attachment: A. Vicinity Map B. Aerial of 508 and 510 S. Bay Front C. City Council Minutes from July 18, 1938 D. City Council Minutes from December 27, 1966 E. Harbor Commission Notification Letter to 510 S. Bay Front Vicinity Map ° - _ T i _ _� a HARBOR IS LANG DR v a BArsioe oq rd r w W U i —�- BEACON &4Y -pj BALBOA ISLAND CHANNEL BAY FRONT N .BAY FRONT ALLEYN _ _ k :9r BAY p. N SAY FRONT ALLEY N (Q v O1YT Y PIlE y w �� ' =BAY FROM �C = S y Fw a 3ALBOA AVE - a � — w . 3 BALBCA AVE @ AP � aJ�° Z u C a w 9 -�x z C 4 JL q W 'r ° N JI a R ' J � PARK AV E lmFR LBAYFROW ALLEY 5 !'I Ii I O it FLEVFROM s ONT S �i t4y fr Q� 844 NEWPORT CHANNEL 0 � \ -ff A6 f _ =e� � ■� � r 115 Newport Beach, July 18, 1936. • The City Council of the City of Newport Beach met in regular adjourned session In the City Covell Chambers at the City Nall in the City of Newport Reach at 7:30 P. M. on above date, with Mayor Williamson presiding. Roll The roll was called, the following Councilmen answering present; Gordon,Clalre, Whitson, Brown, Williamson. Absent, Councilmen None. REPORTS OF SPECIAL COMYITTEES Mon$. REPORTS OF STANDING COM'?ITTEES None. COMMUNICATIONS The application of Harper's Radio Public Address System for permission to Resper's operate from a barge in the Bay a musical program each afternoon and evening up to mu >ical 9 P. M. from July 29th to August 27th, was presented and discussed, and on motion of program. Councilman Whitson, seconded by Councilman Brown and carried, same was allowed subject to cancellation within five days. The application_of Ivanhoe Pleas for a. license for a retail bread route, was I.Pieasp on motion of Councilman Claire, seconded by Councilman Whitson and carried, allowed bakery rout, d subject to such restrictions as are embodied in Ordinance No. 471. The application of Arden Fame Inc., for licensee for four retail and one Arden Farms wholesale milk trucks, was on motion of Councilman Claire, seconded by Councilman milk trucks Whitson and carried, allowed subject to the restrictions as are embodied in Ordinance • No. 471. The application of the Pomegranate Dairy for a retail Hairy products truck, Pomegxanta was on motion of Councilman Claire, eeconded.by Councilman Whitson and carried, allowed Dairy.Milk subject to the restrictions embodied in Ordinance No. 471. trucks The application of the Davis Bread Co. for a license to operate a retail bread truck, sea on motion of Councilman Claire, secoffied by Councilman Whitson and Davis Bread carried, allowed subject to the restrictions embodied in Ordinance No. 471, bakery truo� The application of Wm. A. and Ellen Donaldson for a license to conduct a lunch stand at Coast Highway, was on motion of Councilman Claire, seconded by W.A.DOnald- Councilman Gordon and carried, allowed subject to the approval of the Health Officer. son. lunch The application of the Allison Coffee Co. sea on motion of Councilman Claire, Allison seconded by Councilman Gordon and carried, allowed subject tothe restrictions embodied Coffee in Ordinance No. 471. The application, together with affidavit, of D. B. Swope for a license to D.B.Swope peddle home grown products, wee an motion of Councilman Claire, seconded by Councilman peddling Gordon and carried, allowed. The applications of Arthur Sohweizer and Frank E. Wierman for veteran's Peddling emempt licenses to peddle fruits and vegetables, were on motion of Councilman Claire, seconded by Councilmaa Gordon and carried, Laid on the Table. _ Frank Saunders, representing Frank Andrews, in connection with a hearing set Frank Andre for this date regarding the alledged non - compliance of the permit granted for the ier construction of a pier and float fronting on the letter's property. Mr. Saunders aedreseeff, the Council concerning the matter and after considerable discussion it was moved by Councilman Claire, seconded by Councilman Gordon and carried that the Committee appointed by the Mayor to study the pier situation also report on the one in question, meanwhile It was recommended that Mr. Andrews tie his boat up temporarily. The letter from the Secretary of the Pacific Coast Ass aciation of Fire Fire Chief': Chiefs requesting the Council to authorised the Fire Chief's attendance at the annual conference Conference in Salt Lake City in September, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, ordered filed. A Mr. Walker, representing Lester Rees a local ice distributor, addressed Lester Rees the Council protesting the City ordinance effecting that type of business. City protest Attorney Thompson called attention to similar ordinances in vogue elsewhere and particularly in Bakersfield. Much discussion was had concerning the matter but no action was taken. The letter of Florence Mead of Balboa Island protesting the dog ordinance F.Mead requirements was presented and on motion of Councilman Gordon, seconded by Councilman protest Brown and carried, same was ordered filed. The letter of Mr.. Sarah Sine of Corona del Mar regarding the oiling of 0iling let First Avenue, nee presented, and on motion of Councilman Claire, seconded by Councilman Avenue. • Brown, and_carrled, same was referred to the City Engineer. The request of A. S. Richardson for permission to perk boat trailers during A.S.Richard the Regatta in the area adjoining hie boat anohorage at the east end of Balboa Island, son. Boat was presented, and on motion of Councilman.Claire, seconded by Councilman Whitson and trailers carried, the City Clerk was instructed to notify the applicant that zoning restrictions would not permit same. The request of Water Superintendent Patterson for approval of certain water Approving credits due to =collectable bills and adjustments on charges in the sum of $24.97, water was on motion of Councilman Claire, seconded by Councilman Whitson and carried, allowed. credits The reggeet of Ralph P. Maskey in connection with the improving of Lake Avenue to 30th St; the opening of Marcus Avenue to Newport Blvd; changing the Improvement: present bridge from 36th Street to 38th Street; a more adequate lighting system, !lest Newpom togetherwith the dredging of the channels, was presented, and on motion of Couno ilmen Claire, seconded by Councilman Whitson and carried, the City Engineer was Instructed to prepare an estimate as to the cost of Marcus Avenue and present same to the Planning Commission. Townsend The letter from the President and Secretary of the Townsend Club, thanking Club the City for its cooperation in connection with the Townsend Fish Fry held on June tbahks 24th, was presented, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, same was ordered filed. The letter of Harry Welch, Secretary of the Chamber of Commeroe, euggestirg h.Weloh ' that the Ocean Front walk be divided in order that one aide be allowed for bicycle bicycles on riders, was presented, and on motion of Councilman Claire, seconded by Councilman sidewalk Gordon and carried, same was referred to the Chief of Police and Police Committee. • The application of Mrs. Sarah Mallard for a permit to construct a pier Sarah and float fronting on Lot 15, Black 441, Canal Section, having been approved by the Mallard City Engineer, was on motion of Couno ilman Claire, seconded by Councilman Gordon pier permit and carried, allowed. HE Frank Scott pier & float D.S.Maurice mooring pilings C.T.Long pier permit Roland Oallely float E.J.Power protest Ruth Jordon barge & anchor piling. H.E.hendali barge & anchor piling. May M.Blumer steps over seawall D.R.Furse steps over seawall J.A.Beek bond Ord. No.474 Franchise to J.A.Beek The application of Frank Scott for permission to construct a pier and float fronting on a portion of Lot H, Tract 919, having been approved by the City Engineer, was on motion of Councilman Claire, seconded by Councilmen Brown • and carried, allowed. UNFINISHED BUSINESS ' The application of D. B. Maurice for permission to set two mooring pilings in connection with an existing pier having been approved by the City Engineer, was on motion of Councilman Gordon, seconded by Councilman Claire and carried, allowed. The application of Carl T. Long for permission to construct a pier fronting on Lot 1, Block 1, Tract 742, having been approved by the City Engineer, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, allowed. Vallely for to 1The request of Roland a float pervisal fronting ion together with 6.Bl with the approval Lot 6, Block 91 Section 1, Balboa Island, aIsland, ne of the owner of the property, was prevented, and upon approval of the City approval was moved by Councilman Claire, seconded by Councilman Whitson and carried, and carried, that same be allowed.] The letter of Edward J. Power of 112 Opal Ave., Balboa Island; protest- ing the granting of a permit to Roland Vallely for a float fronting on Lot 6, - Block 9, Section 1, Balboa Island, was on motion of Councilman Brown, seconded by Councilman Whitson and carried, ordered filed. The application of Ruth Jorddn for permission to place a barge and anchor piling in front of an existing pier fronting on Lot 15, Block 5, section 5, Balboa Island, having been withdrawn, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, ordered filed. • The application of Henry E. Eendall for permission to construct a barge and two anchor piling fronting an Lot 5, Block 21 Section 2, Balboa Island, was on motion Of Councilman Claire, seconded by Councilman Gordon and carried, referred to the Committee appointed to investigate the pier situation on Balboa Island. The application of May M. Blamer for permission to construct a ' platform and steps over the seawall on the Grand Canal and fronting on Lot 20, Block 1, Section 5, Balboa Island, was on motion of Councilman Claire, seconded by Councilman Whitson. and carried, allowed subject to the approval of the City Engineer and in accordance with plane for such construction to be adopted. The application of Dudley R. Fuzee for permission to construct a platform and steps over the seawall- on the Grand Canal and fronting on Lot 2, Tract 742, Balboa Island, was on motion of Councilman Gordon, seconded by Councilman Brown and carried, allowed subject to the approval of the City Engineer and in accordance with plane to be adopted for such construction. Ordinance No. 474 came up for final passage and on motion of Councilman Claire, seconded by Councilman Whitson and carried, the reading of same was waived. The bond submitted by J. A. Beek, the successful bidder for the ferry franchise, having been approved by the City Attorney, was on motion of Councilman Claire, seconded by Cou�oilmaa Whitson and carried, accepted. Ordinance No. 474, AN ORDINANCE OF THE CITY OF NEWPORT BEACH CHANTING TO J. A. BEEF, A FRANCETSE FOR CERTAIN PURPOSES WITHIN THE SAID CITY OF NEWPORT BEACH. WHEREAS, application was duly filed with the City Council of the City of Newport Beach by J. A. Beek, for a franchise to conduct and operate a ferry for the hauling of passengers, freight and automobiles between certain paints in the City of Newport Beach; and. WHEREAS, notice of the sale of said franchise was duly and regularly publihhed in the manner and for the time provided by law, all of which will more fully appear by the records and files in this matter; and WHEREAS, at the time in said published notice specified, one J. A. Beek, was the sole, only and highest bidder for said franchise; and ' WHEREAS, the said franchise for the price bid was duly struck off and awarded to J. A. Beek and within the time provided by law, the said J. A. Beek duly caused to be executed and filed with the Clerk of the City Council of the City of Newport Beach, the bond required by law, and by said notice, in the penal am of $1000.00, which bond has been and is approved. NOW, THEREFORE, the City Council of the City of Newport Beach does • ordain as follows: - SECTION 1. erfi�Ta hereby granted to J. A. Beek and to his assigns, for the period and term of twenty -five (25) years, from and after the date of the passage of this ordinance, &,franchise to maintain, conduct and operate a ferry boat or boats for the transportation of passengers, express matter, vehicles and frelgbt, from the Northerly end of Palm Street on the mainland, across portions of Newport Bay, to the southerly end of Agate Avenue and points on Balboa Island, all within the City of Newport Beach, Orange County, California. - Section 2. e7ii iioT� of this franchise at all times during the existence thereof, shall keep and maintain sufficient, safe and adequate landings for the operation of a ferry boat or boats, and shall at all times maintain and operate safe and adequate ferry boats, sufficient to provide all the reasonable and necessary transportation of persons, express matter, vehicles and freight to and from the mainland and Balboa Island In said city. The holder of this franchise shall not adopt or enforce in the operation of the franchise any rate of charges or regulations which shall or does discriminate in favor of one patron over another patron using the ferry boat or boats. ' • CITY OF NEWPORT BEACH Volume 20 - Page 157 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: December 27, 1966 Time of Meeting: 7:30 P. M. index Place of MPeHna• Cnnnril C.hamhPrs .4 Mrs re R -6469 vacatiq por Cc( Front CA-14 R -6464 CA -38 R -6485 Hr8 Wei V Aba teas protes CA-11 COUNCILMEN A � m ovmo�or� Roll Call: Present x x x x x' Absent x x The reading of the Minutes of the Regular Meeting of Motion x December 12, 1966 was waived, and said Minutes were Ayes X x x x x approved as written and ordered filed. Absent x x HEARINGS: 1. Mayor Pro Tem Marshall opened the public hearing in accordance with Resolution No. 6469, being a Resolu- tion of Intention of the City Council of the City of )n Newport Beach declaring its intention to order the closing up, vacation and abandonment of a portion of a certain street known as Ocean Front. No one desired to be heard. The hearing was closed. Motion x Ayes x x x Absent x x With the unanimous consent of the Council, Mayor Pro Tem Marshall stated that the further reading of the resolution was waived. Resolution No. 6484, ordering the vacation, closing up Motion x and abandonment of a portion of a certain street known Roll Call: as Ocean Front, was adopted. Ayes x x x x x Absent x x Resolution No. 6485, accepting a Grant Deed from Motion x Juanita Denni, was adopted. Roll Call: . Ayes x x x Absent x �d 2. Mayor Pro Tem Marshall opened the public hearing for protests to the 1965 -66 Weed Abatement Program (Autumn 1966), under the provisions of Resolution is No. 6420, and the Council considered the Report of the Superintendent of Streets dated December 8, 1966, copy of which had been posted for more than three days on the bulletin board of City Hall. The above - mentioned report from the Superintendent of Streets on the cost of weed abatement in certain localities in the City, in accordance with Resolution No. 6420 and Chapter 10. 48 of the Municipal Code, with attached assessment list, was presented with a memorandum from the Public Works Director dated December 27, 1966. No one desired to be• heard. The hearing was closed. Motion x Ayes xxx x x ATTEST: Absent x x Mayor ro mpore Pag e A tink City Clerk CITY OF NEWPORT BEACH Volume 20 - Page 164 Index December 27, 1966 � 11. A memorandum was presented from the City Attorney Sale of dated December 21, 1966 regarding sale of South South Coast property to Anthony Pools, Inc. Coast prop to Anthony A resolution finding certain City -owned water front Pools, not suitable for use as a public beach or park and a Inc p resolution authorizing the execution of a Grant Deed to Anthony Pools, Inc. were presented. CA-38 Mayor. Pro Tem Marshall stated that it would require six affirmative votes of the City Council to adopt the first - mentioned resolution. The matter was diaried for January 9, 1967. Motion Ayes Absent Qardener 12. A memorandum was presented from the City Manager • datei4 December 23, 1966 relative to reclassification Recllass, of one Groundsman Gardener to one Senior Groundsman Gardener. CA -45 The Table of Authorization was amended to add one Motion Senior Groundsman Gardener and to delete one Ayes Groundsman Gardener, effective December 31, 1966. Absent APPLICATIONS FOR HARBOR PERMIT: 19arb 1. A memorandum was presented from the Public Works Perm Director dated December 27, 1966 regarding Harbor InIlelLgy Permit Application No. A -1484 of Roland F. Vallely to maintain an existing pier and floats bayward of A-1484 Lots 5 and 6, Block 9, Section One, Balboa Island (508 and 510 South Bay Front). CA-130 Harbor Permit Application No. 1484 was approved, Motion • and the harbor permit application fees were waived by Public Ayes as recommended the Works Director. Absent COMMUNICATIONS - REFERRAL: Refund 1. A letter dated December 19, 1966 from the California to Calif Bench Company requesting a refund of the unused Bench Co portion of its City license for outdoor advertising llic fees benches on private property was presented. The staff was authorized to refund unused portion of Motion CA =63 license fee from November 20, 1966 to June 30, 1967 Ayes to the California Bench Company. Absent ATTEST: Mayor Pro Tempore Acting City Clery Page 164 COUNCILMEN CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Harbor Resources March 5, 2013 Sent via regular First Class Mail and Registered Mail Law Offices of Christopher Barnette 501 West Broadway, STE 800 San Diego, CA 92101 RE: Notice of Harbor Commission Meeting — 508 S. Bay Front Dear Mr. Barnette, Pursuant to Newport Beach Municipal Code 17.35.020.F, this is a written notice informing you that the pier at 508 S. Bay Front will be discussed at the next Harbor Commission on: Wednesday, March 13, 2013 6:00 PM "Old" City Council Chambers 3300 Newport Blvd. Newport Beach, CA 92663 As you know, the current pier at 508 S. Bay Front encroaches in front of the abutting upland property owned by your client at 510 S. Bay Front. Per the Code, a new permit shall be approved by the Harbor Commission upon a number of conditions, one of which is "any change of existing ownership of the abutting upland property owned by the permittee..." The permittee at 508 S. Bay Front is currently in the process of selling the property. You are welcome to attend the Harbor Commission meeting to provide comments. The Harbor Commission agenda and staff report will be posted by Friday, March 8, 2013 here: http:// www .newportbeachca.gov /index.aspx ?page =462 Please feel free to contact me if you have any questions. Thank you, fill Chris Miller Harbor Resources Manager (949) 644 -3043 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644 -3034 FX; (949) 723 -0589 • www. newportbeachca .gov /harborresources