Loading...
HomeMy WebLinkAbout152-0335.tifMr. Frank Zinzer you T. ADD TO 119XW 5 vS 8,,�1��5cr'�T�©�tls Con/ 15 vI-y / 3 ww. �Q J u COEW Sri ,17% 94w 7- oz- IF Vve- Zb Mr. Frank Zinzer a4;4 et and our Heroes 81894 i ,5�k �-:!>✓ FRANK ZINZER 7331 Woodrow Wilson, LA, CA. 90046 (323) 8762723 June 19, 2009 Alan White Law: Regarding the settlement conference July 10, 2009, 1 have spoken to Chris Miller, supervisor Harbor Resources, and he will talk with Lisa Walters, technician, who is responsible for shepherding our pier remodel permit application through the necessary committees, and find out the current status of our application and how much longer we might expect to wait before getting an answer for our project. We filed our request for the remodel about 2 years ago this month !!! This pier/ float remodel does not increase the square footage of our structure, in fact it was designed by Swift Slip to reduce the square footage, therefore allowing more sunlight to reach the eel grass under the pier. This project will also put marine workers to work at Swift Slip helping to improve the economy and thereby satisfying our government. Isn't that a Win -Win Situation ??? Doris Uncapher seems to be attempting to have our pier remodel project cancelled in spite of the fact that she agreed to the remodeling in the Orange County Superior Court of Judge Sheila Fell on July 7, 2007-two years ago. I believe approval is imminent and therefore having a little more patience would be wise. While we are waiting, since I have been denied my legal right of equal use of our only center slip for all of the past 13 1/2 years, I am asking that Doris Uncapher remove her electric boat from our only center slip and allow me to place a boat there until this pier remodel issue is settled ... The Uncaphers have for the past 2 years occupied 3 of our 4 pier mooring locations with their boats. That is not the definition of Shared Pier Owners having equal rights as described in the Rules and Regulations of the City of Newport Beach Harbor Resources Division. z� jp'ZyOi i/1a I-d's. Cut-L, �0 CATC)� PIER/ FLOAT REMODEL at 335/337 EAST BAY FRONT BALBOA ISLAND REMODEL: 1. Both properties will have their own center slip 2. Both properties will have their own outside mooring for a boat up to 40ft. 3. Both properties will have their own front mooring for a 13ft. boat(jet ski) 4.Both properties will have their property value increase approx. $500,000. 5.Both properties will have their own pier area for lawn furniture. 6.Both property owners can live peacefully together without further legal disputes DO NOT REMODEL: 1. Retain only the one existing center slip. 2. Doris Uncapher will be required to remove her electric boat from center slip. 3. Frank Zinzer will place a boat in the center slip for the next 10 years. 4. Doris Uncapher will only have the use of her side tie mooring and the 12 ft. space at the front of our float where Bills jet ski is now located. 5. Doris Uncapher will have to ask Dr. Lewand to remove his electric boat from it's side tie location of the last 13 years if she wants to have her electric boat located in her only remaining location on our pier. 6. Dr. Lewands monthly rent of $700 would amount to a loss of revenue to the Uncaphers of $84,000 for the next 10 years of Zinzer's exclusive use of the center slip. 7. If our pier is remodeled Zinzer will agree to allow the Uncapher's garden furniture to remain on our remodeled pier since they will have their own half of the pier. However, if we do not remodel the pier, I will insist on having all furniture removed from our pier to satisfy the Harbor Resources Rules and Regulations disallowing such furniture. 8. It seems that it would be a big advantage to the Uncaphers, enjoyment wise, having their own boats on our pier and continuing to collect rent for their side tie lease, plus enjoying the increased appreciation of their home/pier. � 2�-- 6r9a IN P6 HARBOR RES VISION r 829 Harbor Island D rive IS n IR Newport Beach, CA 92660 (949) 644-3044 Fax (949) 723-0589 'K 77 www.newport-beach.ca.us/hbr DOCK CONSTRUCTION APPLICATION CITY CHECKLIST Applicant Name: une=v-ey- /Zi y- Project Site Address: 3v-) 7 E Por& Applicant address, phone number Agent name, address, phone number (if applicable) Project site address Assessor's parcel number Project site latitude and longitude Description of proposed work (project must not deviate from the Standard Drawings) Type of construction material used (concrete, wood, steel etc... Scaled drawings (plan view and cross sectional view) Site address Location within the Harbor Location and dimensions of existing dock structure Location and dimensions ofproposed dock structure Location and dimensions of existing dock structures on aqjacent properties Location of Bulkhead, Pierhead and Project Lines Photo(s) of project area at low tide (including 30' buffer area) 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3044 FX: (949) 723-0589 sWebsite: www.newport-beach.ca.us/HBR/ Dock Construction Application City Checklist Page 2 ® Eelgrass Survey ® Survey for presence of eelgrass within 30' of the entire project area Yes ❑ No Eelgrass within 15' of entire project area. Project not permitted. ❑ If any eelgrass is located greater than 15' from the project area, then no further monitoring required. Caulerpa Survey ® Survey for Caulerpa within 30' of the project area �I Project is over (check one box): ® City Tidelands ❑ County Tidelands (State Lands Commission Dredge Lease Approval) ❑ If applicable, check one box: ❑ The Irvine Company owner's approved area ❑ Bay Island owner's approved area ❑ Dover Shores owner's approved area ❑ Linda Isle owner's approved area ® Completed Worksheetfor Building /Fire Permit Application and proof of payment of Building Department fees �l Check for $60 made payable to Santa Ana Regional Water Quality Control Board Signed application ® AIC-City approved Approval in Concept HARBOR RESOURCES DIVISION b 829 Harbor Island Drive v.12-14-06 Newport Beach, CA 92660 (949) 718-1844 Fax (949) 723-0589 DOCK CONSTRUCTION APPLICATION Regional General Permit 54 CDP 5-06-117 & CC-031-06 Corps File No. 200501233-DPS Water Board Consistency Permit Valid Until October 23, 2009 This Permit applies to residential dock construction projects only and includes pier, gangway, float and pile repair / replacement. Bulkhead work is not permitted under this Permit. Applicant Name, Address, Phone Number: Doris Uncapher 310 821 1197 335/337 East Bayfront Balboa Island Agent Name, Address, Phone Number (if applicable): Swift Slip Dock & Pier Builders Inc 949 631 3121 2027 Placentia Avenue Costa Mesa, CA SL2627 Project Site Address: Assessor's Parcel Number: �335 & 337 E. Bayfront i050 20120 Project Site: Longitude:=118.07153 Latitude: 33.72337 Description of Proposed Work (Project Must Not Deviate from the City's Standard Drawings): Install new float with three (3) 12" pile New Tx 24' gangway Install two (2) new 14" 'T' pile under existing 12' x 12' pier Re -Deck existing pier Re -Deck 4' x 33' pier approach Regional General Permit 54 Dock Construction Application Page Type of Construction Material Used (concrete, wood, steel including any chemical treatment etc...): Please submit the following on a separate page. Use the check boxes to ensure a complete application is filed. Incomplete applications will not be processed. X Scaled drawings of the project (plan view and cross sectional view) X Site address X Location within the Harbor X Location and physical dimensions of existing dock structure (float, pier, gangway, pile and bulkhead) FX Location and physical dimensions of proposed dock structure (float, pier, gangway, pile and bulkhead) X Location and physical dimensions of existing dock structures on adjacentproperties X Location of Bulkhead, Pierhead and Project Lines X Photo(s) of entire project area at low tide (including 30' buffer area), with emphasis on eelgrass X Eelgrass Survey - Completed by a Certified Eelgrass Diver A. Survey for the presence of eelgrass within 30' of the entire project area B. If eelgrass is within 15' of project area, then the project will not be permitted. (An Individual Permit must be sought.) C. Any eelgrass must be located greater than 15' from project area • No further eelgrass monitoring is required X Caulerpa Survey - Completed by a Certified Caulerpa Diver A. Survey for Caulerpa within 30' of the project area Project is over (check one box): City Tidelands County Tidelands (State Lands Commission Dredge Lease Approval) If applicable, check one box: F The Irvine Company owner's approved area F— Bay Island owner's approved area Dover Shores owner's approved area 7 Linda Isle owner's approved area Regional General Permit 54 Dock Construction Application Page 3 'sX Completed Worksheet for Building /Fire Permit Application and proof of payment of Building Department fees rx Check for $60 made payable to Santa Ana Regional Water Quality Control Board I, Jennifer Beserra I (Applicant / Agent), hereby certify that the information on this application is accurate and complete. I also certify that I have read the California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC-031-06, the Army Corps of Engineers Regional General Permit 54 (File No. 200501233-DPS) and the California Regional Water Quality Control Board General Certification for Regional General Permit No. 54 for construction in Newport Harbor and that I will comply with all of the conditions in those permits. I also certify that by acceptance of this Permit, the applicant acknowledges and agrees that the site may be subject to hazards from waves and erosion. I will further hold the City of Newport Beach harmless from and indemnify the City against any claim for damages arising out of the exercise of these permits. In addition, I 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. I understand that any work authorized must be completed by October 23, 2009, after which a new authorization is required. Per the RGP Permit, all dock construction applications will be processed by the various agencies through monthly batch submittals sent to them by Harbor Resources. Therefore, all dock construction applications must be submitted to and received by Harbor Resources by the V Monday of every month. Applications submitted prior to this deadline are encouraged and appreciated. and / Date CTTY OF NEWPORT BEHCH --_ CITY O HUPORT B h&G07f �J BRYi $. , •; P � �,w,Y � � � � % it I � {l BRr 1, 4 tiff ._ L l�r,�, ���� �� PROFILE 40' Fes( rear !DINGS ARE EXPRESSED IN FEET � — - - � ELEVATIONS' BASED ON MEAN L(AdR LO' nH E. � 2 � m y- ^� � N�Mv .�✓ Z 0 (D in In US CL J yca c N N W �... y v` r �O0 17, 701 i PLC IJ �7,-kWj,_,',N RDRSS �oT- 9�)'lK� �� .� .a__.�..... 1. Project Address (Not mailing address) Floor Suite No # Units (if Residential) Tenant Name(if Applicable) F77 2. Description of Work 4. C1 ­.­&A.-01i. ....... ..... . . ...... I .. .......... I .......... ... r_,v'-. .*- e'*- I es � Exist House SF Demo House SF F Add/Reconstruct House SF F7777 Exist Gar SF Demo Garage SF Add/Reconstruct Garage SF F TOTAL HOUSE SF New 17 Add f7i Alter F-.Demo TOTAL GARAGE SF Check Appropriate Box for Applicant F 3. Owner's Name / Last /v ow S I....".. I - - First I - ........... Use oy bock'. Valuation$ 2�00e,00: ........... Cu Yd Cut F Cu Yd Fill # Stories Owner's Address Owner's E-mail Address .................. City State Zip Telephonel 6,31- e_-1I ............... ..... ............ .......... ............ fi F— 4. Architect/Designer's Name Last First Lic. No. .......... .......... . ..... ..... .. . .......................... .... ...................................... .................................. Architect/Designer's Address .......... .. City F ............. .. ..... State Address ----------- - ----------- - - Zip Telephone I .................. .. I .......... .................................... OFFICE USE ONLY ENERGY P/C FEE $ GRADING P/C FEE $ PERMIT NO. law-AHKOINMIX"A, 04191 11, fk0 vt�"'�? HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Install new float w/3-12" pile. New 3' X 24' an wa . Install 2-new 14" T pile under existing 12' X 12' pier. Re -deck existing pier & 4' X 33' pier approach. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Property Address: 335/337 E. Bay Front Legal Description: Harbor Permit Number: 152-335 Plan Check Number: 1365-2008 Applicant: Doris Uncapher/Frank Zinzer Applicant's Mailing Address: 335/337 E. Bay Front, Balboa Island, CA 92661 Phone Number: (949) 631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find ,K They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: XHas been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resources October 29, 2008 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 W HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions October 29, 2008 Property Address: 335/337 E. Bay Front With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. 10. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the float is 10'. 11. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the float is 15'. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 Map ®UtpUt Page I of I Cii BL BL PIE Ee Ee Ee Ee Me Mc Ce Cv ❑ Cil p Fir PE Every reason, the accuracy City of Newpc agents disclai relating to am GIS database to constant ct ccmpletenes Map Output Page I of I bocv-- *w(AcAvv c M401k5 plroFtAs"es htt p : //www6.c 1 ty. newpo rt -beach. ca.us/servi et/com.es rLesn map. Esr 1 map? Servi ceNam... 10/7/2008 Eelgrass Survey Reporting Form (Version 1.0, June 20, This form is required to be submitted for any surveys conducted for the eelgrass. Zostera marina, that. are required to be conducted under federal or state permits and authorizations issued by the US. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is cons; stently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eek, ass survey policy. It is incumbent upon the authorized pertnittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine fisheries Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). * Required Information Site Name: (common reference) Doris & Bill Uncapher fir, E. Zinzer 335-337 E. Bayfro€1t Newport Beach, CA 92662 Survey Contact: (name, phone, e-mail) Debbie Karimoto (949) 88 7-7041 (cell) i (949) 830-1173 (fax & office) I PermitReference: (ACOE Permit N©., AC OE RGP #54 CCC Permit No-) ! ydro;raphie System: x (bay, estuary, lagoon, or Newport Harbor harbor) Specific location: I (U` M, Lat./Long., daturn, DMS accuracy level, attach 330 36' 30" N electronic survey area map if 117' 537103" w possible) See attached map was Ee/ rass Detected: xxx Yes, Eelgrass was found at this site. No, Eelgrass was not found at this site. i Description of Permitted work: Remove and replace existing boat dock with double " U" shape. (describe briefly the work to Outside fingers are 4' x 20', inside finger is 4' x 16', headwalls is 4` x be conducted at: the site 22' and three 12" concrete pilings and 3' x 24' gangway. Existing pier under the permits identified above) to remain; re -deck existing pier platform and approach; install two 14" T-pilhzgs. Description of` Site- � (describe the physical and Depth rcan­e: 0-12' Tide varied between 3.56' and 1.87' on an biolo-ical conditions within vile sur ev area at the time of outgoing tide at time of underwater survey. the siilve.' and provide insight into variability, if SIlhstrale tile. Soft,. silty sediment & compact, silty sediment known. Please provide units —j for all -numerical ° information). I i, Tena7,erulaare. 68 i Salinity: Normal bay range of 30-33 ppt liotnil7 and flo7'(J. Eel(yrass (ZosterCa nzarinu) Zoobolryon verticillatinn j Dominant firarrraa: Barnacles (Allegabalanus calafor�raicars) Mussels (11twilus califi)raanns) Tunicates. Tube -dwelling anemones, one rock scallop P _iofic .51.7ecies —� encounlere l: Zoobotrvon verlicilI( fum i Othersite description votes. ' None Description of Survey ff ort: Sz€r� ey c�cate ca�zc� firr�e I x 3 October 2008, 2:30 pm — 4:30 pin (please describe the 1 period: I surveys conducted Includiiho type of survey (SCUBA, remote video. Horizontal visibility in 1 3 feet etc.) and survey methods ii7aler.' i employed, date of work, and survey density � (estimated percentage of Survev tYpe cane SCUBA survey; Diver swam transects tlti-otigiaotrt � the bottom actually melhocls: APE. viewed). Describe any llnh➢tattoiiS e-nC<)LintE;red during the survey efforts. SurvevPersonnel: Debbie ariihhoto (�34�)) �87-7041 (cell) i S rvc}; rlealsity;: —30% of APE-, i Survey lianifulions: Poor visibility OtherInformation- (use this space to provide See reap and site survey sketclh any additional I information or references to attached materials such as snaps, reports. etc.) Eelorass Survey Reporting Fornl (version 1.0, 6/20/03) -2- Site Address: 335-337 E. Bayfront Newport Beach CA 92662 � � t y v. W � 7 a m C. } iyr t 5 r �a 3 �z s vt u a,a"sS` 'Bca+iboa :'c E n a�< q n q' U rd° e Fafk,.;', � OJ rt � r t w F t{� , _ t�v C r) 20 ti K,,%/TEQ -4- Site Address: 335-337 E. Bayfront Newport Beach CA 92662 Fuschia outline reflects survey perimeter. Area within that perimeter was surveyed. Fuschia dots within fuschia perimeter indicate current eelgrass presence. Key to eelgrass presence L to e L: Right edge of eelgrass patch is 22' from. the edge of the pile of subject float. That patch is 1 lon` and 6' wide. Density is —2 turions per square foot for a total population of —120 turions. R: Left edge of this patch is 5' from the right pile. The patch on the right is 5' x 5' with a density of 1 turion per square foot for a total —25 turions. -5- Site Address: 335-337 E. Bayiront Newport Beach CA 92662 -6- Site Add ess> 335-337 E. Bayfront Newport Beach CA 92662 Survey area from left to right -7- Site Address: 335-337 E. Bayfront Newport Beach CA 92662 -8- Site Address: 335-337 E. Bayfront Newport Beach CA 92662 Site Address: 3 5-' ) 3 7 E. Bayfront Newport Beach CA 92662 -10- This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerna laxilb la that are required to be conducted under federal or state permits and authorizations issued by the U.S. Array Corps of Engineers or Regional dater Quality Control Boards (regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. 1"or further information on these protocols, please contact: Robert Hoffnan, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William paznokas, California Department of Fish & Garne, (858) 467-4218). Report Date: 7 October 2008 Name of bay, estuary, lagoon, or harbor: Newport harbor Specific Location Name: Doris &. Bill Uncapher & F. Zinzer (address or common 335-337 B. Bayfront reference) Newport: Beach, CA 92662 Site Coordinates: (IJTM, La.t./I,ong., datum, DMS accuracy level, and an 330 36' 30" N electronic survey area 1170 53713 " W map or hard copy of the See attached reaps map angst be included) Survey Contact* (name, phone, e-mail) Debbie Karimoto (949) 887-7041 (cell) (949) 830-1173 (fax & office) Personnel Conducting Sun ey (if other than Same above)e(narne, phone, e- mail) errnitReference: (ACOF permit No., AC:OF RGP #54 RWQCB Order or Cert. No.) Is this the first or second survey for this Second project? Was Caulerpa Yes, Caulerpa was found at this site and Detected: (if C oulerpa is found, please has been contacted on date* immediately contact NOAA Fisheries or CDFG rsomin eel identified above) xxxx No, Caulerpa was not found at this site. _ i Description of Remove and replace existing beat dock with double "U" shape. � Permitted Work: Outside fingers are 4' x 20', inside finger is 4' x 16', headwalk is 4` x (describe briefly the work 22' and three 12" concrete pilings and Y x 24' gangway. Existing pier to be conducted at the site to remain; re -deck existing pier platform and approach; install two under the permits 14" T-pilings. identified above) I Description of Site: Depth range: 0-12' Tide varied between + 3.56' and 1.87' on an (describe the physical and outgoing tide at time of underwater survey. Substrate tv )e: Soft, silty sediment & compact, silty sediment biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide iarits Temperature: erature: 68" Salinity: Normal bay range of 30-33 ppt Dominant flora: Zostera marina for all numerical information). Dominant f uina: Zoobotryon verticillattan Barnacles (Megabalanus caP ornicus) Mussels (A4y1ilus calilorianus) Tunicates, Tube -dwelling anemones, one rock scallop Exotic species encountered Zoobotrvon verticillaturn (including any other Cauler a species): Other site description notes: None _ Description of Survey Survey date and time Effort: period: 3 October 2008, 2:30 pm — 4:30 pm Horizontal visibility in ivater., 1-3 feet (please describe the surveys conducted Survey type and methods: Surveillance level SCUBA survey, including type of survey (SCUBA, remote video, etc.) and survey methods Diver sworn transects throughout APE. Survey personnel: employed, date of work, and survey density Debbie Karirnoto (949) 887-7041 (cell) Survey density: (estimated percentage of the bottom actually 30% of APE- no C"aulea. a present views"d). Describe any Survey limitations: limitations encountered during the survev efforts. Other Information: (use this space to provide See map and site survey sketch any additional information or references to attached materials such as maps, reports, etc.) Caiilerpa Survey Reporting Form (version 1.2, 10/31 /04) Site Address: 335-337 E. Bayfront Newport Beach CA 9266" Fuschia outline reflects survey perimeter. Area within that perimeter was surveyed. Site Address: 335-337 E. Bay rant Newport Beach CA 9266" Site Address: 335-337 E. Bayfront Newport Beach CA 92662 Site A ddress: 3-35-3337 E. Bayfront Newport Beach CA 92662 Survey area from left to right I- Site Address: 335-337 E. Bavfront Newport Beach CA 92662 Site Address: .335-337 E. Bayfront Newport Beach CA 92662 Site Address: 335-337 E. Bayiront Newport Beach CA 92662 Worksheet for Building Combo Permit Application _ �rin#'Form :..: City of Newport Beach - Building Department Please print 3 copies FP Building Grading (`;Drainage (-" Elec Mech Plum 1. Project Address (Not mailing address) 5 ......... .......... ! ..` Tenant Name(if Applicable) %tf. S (%N e 2. Description of Work Exist Gar SF Demo Garage SF Add/Reconstruct Garage SF `. TOTAL HOUSE SF jk f New Add Alter Demo - ....... TOTAL GARAGE SF ............ L;neCK ADDrODnate bOX Tor ADDIICam Floor � `'EW aoRr o r o � m C�<i FORt��1' Suite No # Units (if Residential) F777 j— 3. Owner's Name Last U VA � First p' ..........................._......__._......._.. ..........._........... ®.�` ..�............... Valuation $ 129 " Cu Yd Cut Cu Yd Fill # Stories Owner's Address Owner's E-mail Address _ ..... ........... ........ ................................. City State Zip Telephone...... J.I Z F7 4. Architect/Designer's Name Last First Lic. No. Architect/Designer's Address Architect/Designer's E-mail Address . .......................... City StateF777 Zip Telephone j` 5. Engineer's Name Last Z First Lic. No. Engineer's Address Engineer's E-mail Address .................................................... State ZiTelephone [7.., 6. Contractor's Name Last /�` First Lic. No. 770( _Z-Class %..........._....._......._ ...................._...: .............................. Contractor's Address Contractor's E-mail Address �._.._. . ��:.... ..... .. _ ..................... City State O0ephone ......._ OFFICE USE ONLY ENERGY P/C FEE $ NO. GRADING P/C FEE $ {°,�` PLAN CHECK NO. Rev 1118107 ELEC/MECH/PLUM P/C PLAN CHECK FEE $ T� 9 1 SWIFT SLIP DOCK & PIER BUILDERS, INC. LIC. 797052A 2027 PLACENTIA AVE COSTA MESA, CA 92627 (949) 631-3121 PAY TO THE1 ! ORDER OF .� ��(� — I 4� 0)12, I l\ > � UNION BANK OF CALIFORNIA WESTCLIFF #61 1501 WESTCLIFF DRIVE, NEWPORT BEACH, CA 92660 800 2384486 FOR L\ Y 4' _ I10 3 SIM 71I■ is L 2 2000496': 06 L009 L 3 26 DATE I (f"), i "L3, ` 16-49-1220 DOLLARS 8 o ao k m HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Install new float with 3-12" pile. New 3' X 24' an wa . Install 2 new 14" T- ile under existing 12' X 12' pier. Re -deck existing ier & 4' X 33' pier approach. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to rinai approval. Property Address: 335/337 E. Bay Front Legal Description: Harbor Permit Number: 152-335 Plan Check Number: 1365-2008 Applicant: Uncahper/Zinzer Applicant's Mailing Address: 335/337 E. Bay Front, Balboa Island, CA 92661 Phone Number: (949) 631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resources April 3, 2009 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 CITY OF NEWPORT G HCH .� CITY OF ( RUPORT BF.ROf __ 'ifs r BRY _ Y_I C_I N I TY MHP JEnY Ear KOF I LE i " = 40' _ rc�sarr r atuo , JE TTT 50"1NGS :RRE E Y S DIN-< . 7 ^ --- F. HKD D :�;., T -- `EIE'ATIO%1BASED ON'F£RN'LOHM LN kM',TEQD *- E E u ®CD 06 IL a ® co as Z 0 cz HARBOR R ESOURCES I CITY OF NEWPORT BEACHr7-0 '- I fir` RF ll3T',5 f tp�' a �S fv OI RIIDR£a�S - s- .. _r HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions April 3, 2009 Property Address: 335/337 E. Bay Front With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. This shared pier is the equal responsibility of both pier permittees at 335 & 337 E. Bay Front. All future work on the pier must be approved by both permittees. 5. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 6. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." Page 1 of 2 7. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. 8. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m, and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 9. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 10. Vessels may not extend beyond the end of the fingers by more than the width of its beam. 11. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the float is 10'. 12. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the float is 15'. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 CITY OF NEWPORT BEACH HARBOR RESOURCES October 29, 2008 Mr. Frank Zinzer 7331 Woodrow Wilson Los Angeles, CA 90046 (323) 876-2723 RE: Dock at 335 & 337 E. Bay Front Dear Mr. Zinzer, Per your request, the City preliminarily approves your dock plans dated September 23, 2008 (attached), subject to the following conditions: 1. The overall square footage of the proposed, entire dock structure (pier, gangway and float) is no greater than the current, entire dock structure. Harbor Resources will require a simple table on the drawing showing these two sets of numbers. 2. You will agree to limit the side tie on 337 E. Bay Front to vessels with a 10 foot beam or less. 3. You will agree to allow the shore mooring on E-40 adequate access to his buoy. 4. Proper permits will be required before any work may commence on the project. Please feel free to call if you have any additional questions. Chris Miller Harbor Resources Manager cmillergeity.newport-beach.ca.us (949) 644-3043 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 • Website: www.newport-beach.ca.us/HBR/ CITY OF NEWPORT LEACH HARBOR RESOURCES May 13, 2008 Mr. Frank Zinzer 7331 Woodrow Wilson Los Angeles, CA 90046 (323)876-2723 RE: Dock at 335 & 337 E. Bay Front Dear Mr. Zinzer, Per your request, the City preliminarily approves your dock plans dated April 9, 2008 (attached), subject to the following conditions: The overall square footage of the proposed, entire dock structure (pier, gangway and float) is no greater than the current, entire dock structure. Harbor Resources will require a simple table on the drawing showing these two sets of numbers. 2. You will agree to limit the side tie on 337 E. Bay Front to vessels with a 12 foot beam or less. 3. You will agree to allow the shore mooring on E-40 adequate access to his buoy. 4. Proper permits will be required before any work may commence on the project. Please feel free to call if you have any additional questions. Chris Miller Harbor Resources Manager cmiller(c�r�,city.newport-beach.ca.us (949) 644-3043 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 • Website: www.newport-beach.ca.us/HBR/ Maw 12 08 08:17a 357 E13r- AM/E7 21AI A -T- Cr-- OcA z 'zo A t�ZCA 3&S r 13 CAT" FRANK ZINZER 7331 Woodrow Wilson LA, CA.90046 (323)8762723 A. Q �,,� Ua��` March 19,2008 �� �� � ,;6��' Chris Miller "CY\ Harbor Resources Division 829 Harbor Island Dr.``' Newport Beach, CA 92660 Dear Chris: In an effort to gain your approval for a plan to remodel our shared pier and float at 337&335 East Bay Front, Balboa Island, I am proposing the following changes to the Swift Slip design of 4/13/2007. The original plan called for a 30ft. wide float with a Oft. wide walkway separating the two center slips. The revised plan of 3/28/2007 eliminates the Oft. walkway, thereby narrowing the pier's float by 4 ft. and increasing the distance from both sides of the float to the outside property lines from 15 ft to 17 ft. Additionally, I will agree to limit my side tie mooring to boats with a 12 ft. beam or less, And will sign such an agreement with Harbor Resources. I will agree to allow the shore mooring E-40 to access their float across my outside property line. We, hope these new components to the pier plan will offer an acceptable scenario for you to approve the remodeled pier plan. If so, Swift Slip would finally be able to get a work order and begin construction. They have been very patient for over 3 years now and would love to have the work. The remodeled pier was agreed to in The Superior Court, County of ®range before Judge Sheila Fell on July 6, 2007 as an alternative to a civil lawsuit regarding the equal sharing of the pier at 337&335 EBF. The court expected the pier to be approved and completed by December 2007. I am hoping it will not be necessary for me to resort to a continuing law suit before Judge Fell in ®range County's crowded courts. Please let me hear of your decision without delay. Sincerely, ®ck and Pier Builders, Inc® Contractor's License 797o52 A www.swiftslipdoeks.com Prank Zinzer 2027 Placr(9949) ' - osta Mesa, CA 92-627 7331 Woodrow Wilson Telephone 631-3121 ` Fax (949) 631-3122 Los Angeles, CA 90O46 Phone/Fax: 323/876-2723 ESTIAUTE e. 335 -- 337 E. Bayfront, Balboa Island, CA Remove and replace floating dock and gangway to match drawing dated 4/13/07. Lift off end portion of pier. ® Shorten pier 7. FLOAMG DOCK 1. Polyfloats filled with styrofoarn. 2. 4 x 6 framing with 5 x 5 angle clips and V2" bolting throughout. 3. 2 1/2" diameter steel torsion tubes built into fingers for long term stability. 4. 2 x 6 Douglas fir decking attached with stainless steel screws. 5. 2 x 12 facia with white rub strip and corners. 6. Twvelve [12114" through bolted cleats. 7. Three [3112" pre -stressed concrete guide pile. S. .Steel pile guides with four [41 polyurethane rollers each. GANGWAY 1. 3' x 24' dimensions. 2. 2 x 12 stringers. 3. 2 x 6- Douglas fir decking attached with stainless steel screws. 4. 3 x 4 treated posts, NOT painted. 5. Milled hand rails and doubled side rails painted with two [21 coats white marine enamel. 6. Heavy duty hinge and axle wheel combination. PIER 1. Lift off 12' x 12' platform at end of pier. 2. Pull existing anchor pile. 3. Install two [21 new 14" pre -cast concrete 'T' pile. 4. Reset existing platform on new pile. 5. Shorten 4' wide walk way 7'. 6. Revise hand rails and paint affected. areas only. Cost Breakdown Piling work $ 17,100 New floating dock 14,0.40 New gangway 2,620 Pier work 1.2gO 34996o plus permit Note; Permit fees, administration costs and engineering are NOT included in the above; they will be billed as an extra upon completion, costs range from $2,700 to $3,700. All lumber will be ACQ pressure treated Douglas fir. All new hardware will be hot dipped galvanized. Utilities are NOT included. Pile caps are an additional $6o each. Unseen obstacles when doing pile work, requiring pile to be cut off will incur additional charges. Authorized By: Date: '7- 167 2-00-7 this a atimate becomes a contract upon signature. Please sags & return with to% down to authorize the price & worts contained in this contract. 11�WO6 Ll Cl 337Ei3�F fF9',r-Rems7 -41AI-16 A /REA Fbp, 3-3 77 E PF -SiDE -rlF-- 60AT- -3357 PROPE FTY L Eelgrass Survey Reporting Form (Version 1.0, June 20, 2003) This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Required Information Site Name: I[*NEWPORT 335 / 337 E. BAYFRONT (common reference) BEACH CA. rvey Contact: F *TOM NELSON (949)910-2310 me, phone, e-mail) TOM N N EWPORT@YAHOO.COM Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: * NEWPORT HARBOR (bay, estuary, lagoon, or harbor) Specific Location: 117..88713 (UTM, Lat./Long., datum, 33.60938 accuracy level, attach electronic survey area map if MAPS ATTACHED possible) Was Eelgrass * XXXXXXX Yes, Eelgrass was found at this site. Detected: * No, Eelgrass was not found at this site. Description of * INSTALL NEW FLOAT W/ 3-12 PILE. NEW 3 X 24 Permitted Work: GANGWAY. INSTALL 2 NEW 14 T PILE UNDER (describe briefly the work to EXISTING 12 X 12 PIER AND 4 X 33 PIER APPROACH be conducted at the site under the permits identified above) Description of Site: (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Depth range: * 2.5 FT TO APROX. 12.5 FT INCOMING TIDE VARIED BETWEEN +4.0 TO +5.0 Substrate *SILT OVER SAND type: Temperature: 65' F Salinity: Dominant NONE flora: Dominant MUSSELS, BARNACLES, TUNICATES fauna: ON PIER AND BULKHEADS Exotic NONE species encountered: Other site description notes: NONE Description of Survey Survey date *MARCH 12 2009 Effort: and time (please describe the surveys period: 9:15 A.M. TO 10.15 A.M. conducted including type of survey (SCUBA, remote SCUBA SURVEY 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 survey efforts. Horizontal " 2.5 FT visibility in water: Survey type * SCUBA SURVEY and methods: SWAM TRANSECTS THROUGHOUT APE Survey *TOM NELSON 949-910-2310 personnel: Survey 00 0 density: Survey * NONE limitations: Other Information: SEE PAGE 4 FOR SURVEY AREA (use this space to provide any additional information or 5 WORK TO BE COMPLETED references to attached materials such as maps, reports, etc.) Eelgrass Survey Reporting Form (version 1.0, 6/20/03) C" I TY V a BRY as BFiy �I I r�" cx �3t1 inn � Cis. if �ic:k � �+ igJYIiq���S �C.�fll l� �ll SSED aF�r ON P M � ;; � 0 �' `� , NX p AA cp, fyj �°s ✓ p c9`C (� jt K-,IK'5 .. ..W.. . ' ! � py{% _ /�na7J41�C�17y ` Ft Caulerpa Survey Reporting Form This. forin Is required to be Submitted for any surveys conducted for the ilwasive exotic alga Caul€spa ta--k- foha that are required to be conducted under federal or state permits and authorlZations issued by the U.S. Arn3y Corps of Enzineers or Regional Water (duality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting -,v°hile ensuring that the required information necessai-y to identify and control any potential iinpacts of the authorized actions on the spread of Cauletpa. Sim eys required to be cianducted for this species are subject to modification through publication of revisions to the Ca ide,pa s-twvey policy. it is incumbent upon the authorized perm ttee to ensure that survey ,, orit is follmvinz the latest protocols. For htrther infoimation on these protocols. please contact: Robert Hoffinan. National Marine Fisheries Ser —Lce (NOAA Fisheries). (56')980-4043, or NVilliarn Paznol as. California Department of Fish & Game. (858) 467-4218). Report Date: 03/12 /09 Name of bad°. estuary-, newport harbor lagoon. or harbor: Specific Location Name: 335 / 337 E. BAYFRONT (address or conuuon NEWPORT BEACH CA. reference) Site Coordinates: 117.88713 (tT-N!. Lat.'Long., datum, 33.60938 accuracy level. and an. electronicp suiveV area ma or hard copyr of the map inust be included' Su111 eV Contact: TOM NELSON (949)910-2310 (name, hone. e-mail) tomnnewport@yahoo.com Personnel Conducting NONE Survey- (if other than above): (name. phone, e-mail) Perinit Reference: kC0E Perin tNo.. RNVQCB Order or Cen. No.) Is this the first or second SECOND sur'°evfor this project? «'as Caulerpa Detected?: (if Cauleipa is fowid.. please Yes. Caulerpa was found at this site and inuuediately contact NOAA Fisheries or CDFG personnel identified above) has been contacted on date. XXXX No. Caulerpa was not found at this site. Description of Permitted INSTALL NEW FLOAT W/ 3-12 PILE. NEW 3 X 24 GANGWAY. Work: INSTALL 2 NEW 14 T PILE UNDER EXISTING 12 X 12 PIER (describe briefly- the ivork to be conducted at the site AND 4 X 33 PIER APPPROACH. tinder the permits identified above Description of Site: (describe the physical and De tli ranze: 2.5 FT TO APROX 12.5 FT Substrate nave: SILT OVER SAND Temperature: 65' F biological conditions within the s in-ey area at the time of the Salillitl•': sIir.-ey and provide insight into variability_ if known. Please provide tints for all numerical DOIItttlatit 7�oI'a: NON E in€orinatian). Darninant_fanna: BARNACLES, MUSSELS,TUNICATES ON PIER AND BULKHEADS Exotic species NONE encountered (hie- itdBlFg atay other Cauletpa species): Other sire NONE description dotes: Description of Survey Suri>ey elate and 03/12/09 Effort: (please describe the surveys conducted uachlduig tyFpe of tinge eriod Horizontal visibility, in water: APROX 2.5FT Sun,e,1 nve and metizods: SCUBA DIVE SURVEY SWAM TRANSECTS THROUGHOUT APE survey (SCUBA. remote video, etc.) and stu-vey methods employed, date of work. and sitrvey densiq, (estimated percentage of the bottom actually, vieivedj. Describe any limitations Suri el personnel: TOM NELSON 949-910-2310 encountered dtirinLy the survey efforts, Sw-t%ei dettsitt.' 100% Su Bey- limitations: NONE Other Information: SEE PAGE 3 FOR APROX. SURVEY AREA (Ilse this space to provide 4 WORK TO BE COMPLETED additional information or references to attached snaps. reports, etc. Caulerpa Sus ey Reporting Forin (version 1.1 1031/04) STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562)590-5071 Mr. Chris Miller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 December31, 2008 a Subject: Condition Compliance — Coastal Development Permit 5.06-117 & Conformance with Consistency Certification CC-031-06 - DOCK CONSTRUCTION APPLICATION REJECTION Dear Mr. Miller: Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5-06-117, and/or as evidence of conformance with Consistency Certifications CC-031-06 for the following sites in the City of Newport Beach: Applicant Site Address Existing Pier, Proposed Proposed Existing Proposed Additional Description Pier Platform, Float Gangway Piles Piles and Dock Dimensions and Pier Dimensions Proposed pier platforms uses five pilings. Typical pier platforms use 1 "T" pile (or 10' x 17' perhaps 2 at most). Proposed pier quantity of piling would result in platform excessive fill of coastal waters. plus Re -design project to minimize gangway 5 pier quantity of pilings; Proposed 10' lobe of support x 17' pier platform plus unspecified piles, 2 unspecified pier platform 44' x 5' single dimensions; dock float gangway lobe will exceed finger, 9' by 14' platform, 53' x 6' long L- plus 3' x 24' support maximum 170 square foot Riley, Mike 640 Via Lido Nord gangway shaped dock gangway piles allowance for pier platforms Re -deck 4' Application materials indicate the x 33' pier, project is located within 15 feet install 2 "T" of eelgrass beds. Special piles under Condition i.e.ii of the permit existing prohibits approval of such Double-U- 12'x12' pier projects under this permit; a shaped floats platform, 3-12" and separate CDP application must 335-337 E. Bay U-shaped with total of 20' deep and 36' new 3' x 24' 2-14" T be submitted for the project Unca her/Zinzer Front side tie wide gangway; piles On -site pier platform already exceeds the maximum 170 square foot pier platform allowance; retention of the existing platform and 36 square foot addition to that platform would exacerbate the non- 4' x 9' conformity; project needs to be addition to redesigned to reduce the size of existing 12' "T" pile the total pier platform area to 170 48' long, 7 to x 17' pier supports square feet or less and minimize 10 foot wide, platform (to pier the number of piles supporting single finger; be retained) platform the pier platform (preferably to 12'x17' pier platform with 58' long, 4 to 7 foot wide, 3'x24' (to be 3-18" piles; one "T" pile) Brill, Gary 235 Via Lido Soud 1 "T" pile single finger; gangway retained) 1- 12" pile Condition Compliance - 5-06-117 Consistency Certification Compliance — CC-031-06 Rejection of Applications Page 2 of 2 Commission staff have reviewed the information submitted and determined that the above referenced dock construction projects DO NOT conform with the submittal requirements established under Consistency Certification CC-031-06 the Special Conditions of Coastal Development Permit 5-06-117. Therefore, these application are being rejected. The reason for rejection of the application is listed under "Additional Description" in the chart above. The applicants may modify the applications to bring the projects into conformance with the CDP/CC requirements and resubmit the requests. Or, the applicants may submit separate coastal development permit applications (with all required attachments and fees) to the Commission for consideration of the projects they have proposed. However, please note that in the case of the two projects which involve over-size/unusual piers, Commission staff are unlikely to recommend approval to the Commission due to excessive fill of coastal waters and water coverage. We strongly recommend those projects be re -designed. If you ha/anyuestions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200. Sierenc Karl Schwing Supervisor, Regulation & Planning, Orange County Area Cc: Mr. Mark Delaplaine, California Coastal Commission Mr. Dan Swenson, U.S. Army Corps of Engineers Law Offices of M.T. HERRERA September 23, 2008 VIA FACSIMILE (949) 752-9007 AND CONFIRMED BY FIRST CLASS MAIL Alan I. White, Esq. LAW OFFICES OF ALAN I. WHITE 20281 SW Birch Street, Suite 100 Newport Beach, CA 92660 VIA FACSIMILE (949) 631-3122 AND CONFIRMED BY FIRST CLASS MAIL Mr. Pete Swift Swift Slip Dock & Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 Re: Mutually Agreed -Upon Plan Dear Messrs. White and Swift: 6812 East Keynote St. Long Beach, CA 90808 Telephone: (949) 474-8428 Facsimile: (949) 474-8478 This letter confirms my clients' receipt of the Swift Slip official drawing dated today stating the vicinity map, the profile sketch, and the exact measurements of dock and each structure contained therein, which is equally symmetrical between the property lines and includes the total square footage of the new dock, based on the mutually agreed -upon plan dated April 13, 2007 as evidenced by my initials set forth in the enclosed official drawing immediately above Ms. Doris Uncapher's name. Therefore, once I receive the documentation package from Swift Slip necessary to appoint it as the parties' authorized agent to process the required applications to obtain a permit from the City based the enclosed official drawing, I will obtain my clients' signatures and will submit the signed documents directly to Swift Slip so it may request an eelgrass survey be conducted forthwith. The Uncaphers and I would like to express our gratitude to Swift Slip for preparing this official drawing so quickly. We look forward to receiving the documentation package from Swift Slip as soon as possible so the parties may proceed accordingly. If you have any questions or require additional information, please contact me immediately. Very truly yours, _. M. Teresa Herrera Enclosure cc: Mr. Chris Miller 09/23/2008 11:52 9496313122 CITY OE NEWPORT SEREH Ct�T 4F RT iGEgI RERCH JJ" O NI, E4 "RcIrIc MINITY MRP ofrr Ntf. �e aaaa SWIFTSLIPDOCKPIER PAGE 01/01 ll — , y , ii ' r PFOP I LE 1 " = 40' JETTY 50lWOTNGS RRE EXPRER.ED IN FEET FIND D�!NOTE ELEVRTIONS BRSED ON WFIN LOFR k N WATER. 44-4 j i t JeoA w'r - 41 ,7 0B POM55 yq� �-ew FLAN V I EW 1 q -2.-a A Law Offices of M.T. HERRERA. September 19, 2008 VIA FACSIMILE (949) 752-9007 AND CONFIRMED BY FIRST CLASS MAIL Alan L White, Esq. LAW OFFICES OF ALAN I. WHITE 20281 SW Birch Street, Suite 100 Newport Beach, CA 92660 VIA FACSIMILE (949) 631-3122 AND CONFIRMED BY FIRST CLASS MAIL Mr. Pete Swift Swift Slip Dock & Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 l �e Re: Confirmation of the Mutually Agreed -Upon Plan Dear Messrs. White and Swift: a. 6812 Fast Keynote St. Long Beach, CA 90808 Telephone: (949) 474-8428 Facsimile: (949) 474-8478 C(ef rc, As a follow-up to the meeting between the parties and counsel yesterday after the Court hearing, this letter confirms the parties have agreed to proceed in accordance with the parties' settlement agreement dated July 6, 2007 wherein the only mutually agreed -upon plan is the plan dated April 13, 2007, which is attached hereto and is signed by the parties confirming their acceptance on September 18, 2008. Therefore; in order to ascertain whether the plan would be permitted by the City, it is necessary for Swift Slip to prepare the official drawing stating the vicinity map, the profile sketch, and the exact measurements of dock and each structure contained therein, which shall be equally symmetrical between the property lines and shall include the total square footage of the new dock, based on the attached April 13, 2007 plan and to submit along with the official drawing the entire documentation package necessary to appoint Swift Slip as the parties' authorized agent to process the required applications to obtain a permit from the City based on such plan to each of the parties. Because the timeframe within which an eelgrass survey must be conducted as required by the applications is coming to an end and the next Court hearing is scheduled for October 30, 2008, it is necessary for Swift Slip to submit the requested official drawing and documentation package as soon as possible. Messrs. White and Swift September 19, 2008 Page 2 The parties look forward to receiving the required plan and documents from Swift Slip so they may proceed forthwith as soon as possible. If you have any questions or require additional information, please contact me immediately. Very truly yours, iT'777 M. Teresa Herrera -- cc: Mr. Chris Miller ), -, -1) 1 y ) �) �- SEP-23-2002 12:52 PM MTHERRERA«ASSOCIATES 9494748472 P.02 Law Offices of M.T. HERRERA September 23, 2008 VIA FACSIMILE (949) 7 2-9007 AND C(J FI ED BY FIR T CLASS XL_ Alan I. White, Esq. LAW OFFICES OF ALAN I. WHITE 20281 SW Birch Street, Suite 100 Newport Beach, CA 92660 VIA FACSIMILE 9 1-3122 D -CQNFIRMER BY FIRST C M Mr, Pete Swift Swift Slip Dock & Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 Re: Mutually A ed-UPlan Dear Messrs, White and Swift: 6812 Nast Keynote St. long Beach, CA 90808 Telephone: (949)474-8428 Facsimile: (949) 474-8478 This letter confirms my clients' receipt of the Swift Slip official drawing dated today stating the vicinity map, the profile sketch, and the exact measurements of dock and each structure contained therein, which is equally symmetrical between the property lines and includes the total square footage of the new dock, based on the mutually agreed -upon plan dated April 13, 2007 as evidenced by my initials set forth in the enclosed official drawing immediately above Ms. Doris Uncapher's name. Therefore, once 1 receive the documentation package from Swift Slip necessary to appoint it as the parties' authorized agent to process the required applications to obtain a permit from the City based the enclosed official drawing, I will obtain my clients' signatures and will submit the signed documents directly to Swift Slip so it may request an eelgrass survey be conducted forthwith. The Uncaphers and I would like to express our gratitude to Swift Slip for preparing this official drawing so quickly. We look forward to receiving the documentation package from Swift Slip as soon as possible so the parties may proceed accordingly. If you have any questions or require additional information, please contact the immediately. Very truly yours, M, Teresa Herrera Enclosure cc: Mr. Chris Miller SEP-23-2002 12:52 PM MTHERRERA&ASSOCIATES 9494748478 09/23/20DS 11,52 9496313122 SWIFTSLIPDOCKPIER [CITY 0 NEWPORT BERCH city OFKDnTT y i �81 6 / IFY .�.� --- -7., IF YM NITY MRP O*Qrr my, M VOWA �1 1 P.03 PAGE 01101 FF Rrr a.tt�Dir�s EXPFES�Eo IN FEV RIC DENUE — ELURTI01S 8FM ON MUN LQ4--A SOW HRTCR, i , r r i �� � : OB Fli1i1RE55 i Ntw fvy of go PLAN VIEW 1 r _ , FRANK ZINZER 7331 Woodrow Wilson LA, CA.90046 (323)8762723 July 25, 2008 Chris Miller Harbor Resources City of Newport Beach 829 Harbor Island Dr. CA.92660 Dear Chris: After reading last weeks article in the L.A. Times about you managing the operation of the entire Newport Harbor bay area, I realized the immense responsibility you have and I appreciate even more the time and attention you have given to me regarding my attempt to gain approval and permit to remodel the shared pier at 337-335 East Bay Front, Balboa Island. Please see my letter of March 19,2008 (enclosed). My neighbor, Mrs. Uncapher, agreed before Judge Sheila Fell in ®range Superior Court on July 6,2007 to accept the remodeled float plan of 4/13/07 with the 4 ft. wide center walkway between the two center slip spaces. The alternate float plan of 3/28/07 eliminated the walkway to narrow the float from 30 ft. to 26 ft. Mrs. Uncapher recently decided she would not accept the alternate plan. However, Mrs. Uncapher and myself testified in Judge Fell's Courtroom that we both agreed to accept the Float Remodel Plan of 4/13/08. Mrs. Uncapher and myself are both obligated to accept that remodeled pier plan. Therefore, I am asking you to approve the 4/13/08 float plan (enclosed). I would still agree to the previous restrictions that would limit the beam measurement of any boats on my side tie to 12 ft. and I would still agree to allow the leasee of the E-40 shore mooring to have access across my property line to the float. The square footage calculations have been done by Brady of Swift Slip and were judged to be acceptable with no increase in square footage. I believe the pier will finally be remodeled now without additional delay. Pete Swift and Brady and their employees will be very happy to finally get a work order. The redesigned pier and float with two center slips will make it possible to end the bickering, anger, court appearances and attorney fees of the past 12 years. Thank you, Chris, for your ongoing help in this matter. Sincerely, -"'10:23 FROM:SWIFTSLIPDOCK.COM C949) 631-3122 TO:13238762723 P.3 P -al-Ifornia 926-27 mesa, C lacentia Avenue, Costa. (949) -631-312-1 Fax (949).6.31-3122 I-_ I E,,., VT k�) C17Y OF I 6b T ��"SNM HP Y\ T err. I `P I' = 40' RRE EXP7RE-S-SED IN FFFT M T-!NO TE EMOS EOFERTEELV,17NSREDNRI !, AR.LZLOP Ll 1 21 71, t Sal2. L LA, "I 4, FIVI, 1 ^y roD Pamus M, TE j F F, I L, F Swift Slip 0 1- MAE TAW .I 7,0 CD C% ly-11 Ca " May 08 08 09:16a P May 07 08 02:33P Alan 1. White 949-752-9007 p.1 v {yAY—PJT-26B8 H1=15 PM MTHERRERAgASSOCIRTES 9.L94 (4t}4 tb 6912 F49C KCynnie St. for 099ae� 01 long BrAc , CA 9089E ���{{ D C UA%( i H 5 i11�iW , ' Up� J Te1tp�+one: �9�91 A�4-b42B M. 1. 1lELR� ` Tap mile_ (444)474-8478 May 7, 2MB YM FACS LLE 752-9a7 AND Co YRMZD BY FiAC7' CLASl5 MI t Alan I. White, Hsq. LAW OFFICES OF ALAN I. V,7frM 20281 SW BirchStrutt, Suite 100 Newport Beach, CA 92660 Re: Mr. Zk Froze Dear Mr. White:. This firm now represents the Uncapber parties with respect to their interests regarding the pending dock dispute between the Uncepbers and yotw client Mr. Frank Zinser. Based on my review of the transcript regarding the open -court settlement w-ecmcnt on July 6, 2007, it appears such agreement is "not final, binding, or enforceable" because the April 13, 2007 design was not approved. (See, Reporter's Transcript, page 5, lines 15-25) Therefore, if the parties are unable to mutually accept a revised plan that would obtain alrproval by all appropriate authorities and the completion costs thereof arc reasoaablc, the pending- civil action will resume accordingly. Further, it is my understanding you presented a proposed hand-written drawing prepared either by or on behalf of Mr. Zinser on Agri19, 2003 for my clients' consideration as an alternative resolution. Although you representod in your April 9, 2008 correspondence that your client obtained tentative approval for a new dock, it is impec>stive thOt my clients receive additional information in order to evaluate Mr. Zinzcr's proposal and to ascertain whether such proposal would in fact receive final approval within an agseod-upon budget, which would theceby resolve this matter in its entirety. Therefore, please provide the following additional information for my clients' consideration: I. An Eelgma Survey Report, using the form that must be submitted to obtain approval, which is version 1.0, dated June 20, 2003. which shall also include the estimated cost to be incurred to ensure compliance with the eelgrass federal and state regulations; snd 2. A detailed plan prepared by Swift Slip Dock & Pier Builders, Inc. using the April 9, 2008 hand-written drawing previously submitted, which shall also include the estimated total installation cost and the estimated installation time and proposed commencement date theroof. ma8 08 08 09: 16a p. -3 3 7 EFF MqTRZY 411v)� AtR6A Fbp-, 5-3-7 EPP s[DE -r (E. 6OA-V- ,zz M,-t 3 R M. - -7 VAN A PEA f=o'Fz, 335--EBF -335 W40PEPTY L. IME RIo 7RCIP May 08 08 09:1Ba p.4 FRANK ZINZER 7331 Woodrow Wilson LA, CA.90046 (323)8762723 March 19,2008 Chris Miller Harbor Resources Division 829 Harbor Island Dr. Newport Beach, CA 92660 Dear Chris: Chris Miller p rK) 6+ Supervisor Y �11FOvOl" HARBOR RESOURCES DIVISION 82-9 Harb_a Island Dr., Newport Beach, CA 92660 (949) 644-3043 Fax (949) 723-0589 r@ city. newport-beach_ca. us In an effort to gain your approval for a plan to remodel our shared pier and float at 337&335 East Bay Front, Balboa Island, I am proposing the following changes to the Swift Slip design of4/13/2007. The original plan called for a 30ft. wide float with a Oft. wide walkway separating the two center slips. The revised plan of 3/28/2007 eliminates the 4ft. walkway, thereby narrowing the pier's float by 4 ft. and increasing the distance from both sides of the float to the outside property lines from 15 ft to 17 ft_ Additionally, I will agree to limit my side tie mooring to boats w.-,h a 12 ft. beam or less, And will sign such an agreement with Harbor Resources. I will agree to allow the shore mooring E-40 to access their float across my outside property line. We hope these new components to the pier plan will offer an acceptable scenario for you to approve the remodeled pier plan_ If so, Swift Slip would finally be able to get a work order and begin construction. They have been very patient for over 3 years now and would love to have the work. The remodeled pier was agreed to in The Superior Court, County of Orange before Judge Sheila Fell on July 6, 2007 as an alternative to a civil lawsuit regarding the equal sharing of the pier at 337&335 EBF. The court expected the pier to be approved and completed by December 2007. I am hoping it will not be necessary for me to resort to a continuing Iaw suit before Judge Fell in Orange County's crowded courts. Please let me hear of your decision without delay. Sincerely, May 08 08 09:17a 0:23 FROM:SWIFTSLIPDOCK.COM C949) 631-3122 TO:13238752723 SWIFT SLIP Dock and Pier Builders, Inc. Contractors License 797o52 A www..swiftslipdocks.com Frank Zinzer 2027 Placer(949) ' - ,{osta Mesa, CA 92627 7331 Woodrow Wilson Telephone 631-3121) Fax (949) 631-3122 Los Angeles, CA 90046 Phone/Fax: 323/876-2723 ESTIMATE Re: 335 — 337 E. Bayfront, Balboa Island, CA P.5 P.2 #9470 4/i6/07 Remove and replace floating dock and gangway to match drawing dated 4/13/07. Lift offend portion of pier. Shorten pier 7'. FLOATING DOCK 1. Polyfloats filled with Styrofoam. 2. 4 x 6 framing with 5 x 5 angle clips and 1/2" bolting throughout. 3. 2 lh" diameter steel torsion tubes built into fingers for long term stability. 4_ 2 x 6 Douglas fir decking attached with stainless steel screws. 5. 2 x 12 facia with white rub strip and corners. 6. Twelve [12l 14" through bolted cleats. 7. Three [37 i2" pre -stressed concrete guide pile. 8. .Steel pile guides with four [4) polyurethane rollers each. GANGWAY I. 3' x 24' dimensions_ 2. 2 x 12 stringers. 3. 2 x 6 Douglas fir decking attached with stainless steel screws. 4• 3 x 4 treated posts, NOT painted. 5. Milled hand rails and doubled side rails painted with two (21 coats white marine enamel. 6; Heavy duty hinge and axle -wheel combination. PDM 1. Lift off 12' x 12' platform at end of pier. 2. Pull existing anchor pile. 3. Install two [21 new 14' pre -cast concrete "r' pile. 4. Reset existing platform on new pile. 5. Shorten 4' wide walk way 7'. 6. Revise hand rails and paint affected areas only. Cost Breakdown Piling work $ 17,100 New floating dock 14,040 New gangway 2,620 Pier work 1.200 $ 34,96o plus permit Note: Permit fees, administration costs and engineering are NOT included in the above; they will be billed as an extra upon completion, costs range from $2,700 to $3,700. All lumber will beACQ pressure treated Douglas fir. All new hardware will be hot dipped galvanized. Utilities are NOT included. Pile caps are an additional $60 each. Unseen obstacles when doing pile work, requiring pile to be cut off will incur additional charges. th rized By: �� 1— Date. � Auo � /C — 200 This estimate becomes a contract upon signature. please sign & return with so% down to authorize the price & work contained in this contract. CLvd4b,- �� F-P-4d-11 May 08 08 09:17a P.6 FRANK ZINZER 7331 Woodrow Wilson LA, CA.90046 (323)8762723 May 7, 2008 Swift Slip, Dock and Pier Builders Dear Pete: We are continuing to litigate with the Uncaphers regarding your building of our remodeled pier. In Judge Sheila Fell's O.C. Superior Court two weeks ago, Mrs. Uncapher asked that a list of the following items be completed and presented to her prior to her agreeing to begin work on the new pier and float: 1 _ Diagram by Swift of Alternate Float Plan dated April 9, 2008. 2. Total cost of this April 9, 2008 Plan including Trex decking. 3. Estimated time to build and time to install completely. 4. Proof of tentative approval from Newport Beach Harbor Resources Dept. 5. Eelgrass survey report using form submitted to obtain approval (version 1 from June 20, 2003 including estimated cost to ensure compliance with federal and state regulations. 6. Detailed plan by Swift Slip Co. using the April 9,2008 sketch design. Include total installation costs, time of installation, and proposed commencement date_ Maw 08 08 09:17a p.7 FRANK ZINZER 7331 Woodrow Wilson LA, CA. 90046 (323)8762723 March 20,2008 The Original Problem: The next door neighbor, Mrs. Doris Uncapher and her son, Billy Uncapher have occupied the only center slip on our common pier and float. They have occupied it exclusively since purchasing their adjacent property at 335 EBF, Balboa Island on January 19,1996 and have refused to move their boat out and hare the center slip equally as described in a legal Agreement for Use of the Pier that was drafted by the law firm of Latham and Watkins and signed by the owners of both properties on April 21, 1979 and was to be binding on all future owners of both properties. Investigation revealed that the Newport Beach City's Harbor Resources Department was negligent in having their since retired inspector, Wes Armand, sign the legal PIER TRANSFER SLIP without the SHARED PIER'S neighboring owner, Frank Zinzer's signature. I am contending that this negligence emboldened the Uncaphers to believe that the City's rules and regulations could be ignored, ncluding the Agreement for Use of the Pier. The Harbor Resources Supervisor, Chris Miller, sent a letter to Mrs. Uncapher Informing her that all Pier Permit Applications must be signed by both owners of the abutting property and all parties have equal rights under the permit. Mrs. Uncapher ignored the letter and the Harbor Resources Dept. did not enforce the Regulation. In my effort to gain equal use of my shared pier, it became obvious that I would have to have a new pier float constructed that would have two side by side center slips -one for each owner. The plans were drawn up by Swift Slip of Newport Beach and conformed to the necessary requirements. Approval of the plans was held up according to Chris Miller due to a 10 ft. wide easement hosting a shore mooring 4 E-40 that was established by the City in 1956. The permit to use the mooring has been owned by Mr. Richard Esposito for the past 19 years. There has been an unused decrepit rowboat languishing on the beach for most if not all those 19 years -photos are included. I have never noticed the boat being used. The shore post for the buoy is located 4 ft. inside my property line. I have owned my property for the past 34 years and did not see the post in it's present location until recently. The permit owner confessed to me that he had replaced the post at least once without a before and after City inspection as is required by the City' Rules and Regulations. This seems to be another example of negligence on the part of the City. The fact that this shore mooring post is now situated 4R. inside my property line is being used as a reason to deny the permit to remodel my pier, even though no boat tied at my pier has ever encroached beyond my property line into the adjacent 1 Oft. wide easement. This seems to be another example of flawed decision making to deny the remodeled pier permit due to these factors. If the permit is not granted after all my efforts and concessions, I would like to consider a lawsuit against the City with a jury deciding the outcome. What are your thoughts? Would it be affordable or worthwhile? �F zN,� ( •:1 .�! .._ ,n �., x �. sower. �' � .YM" .• ...' • /, �d�"�� .� a•� ��y�-d•;'J� raj"•, •per May 08 08 12:23p P.1 FRANK ZINZER 7331 Woodrow Wilson LA, CA.90046 (323)8762723 April 08,2008 Doris Uncapher 8216 Tuscany Playa Del Rey CA. 90293 M. Teresa Herrera,attorney 6812 E.Keynote St. Long Beach CA 90808 Dear Ms.Uncapher: As sole owner of the property at 335 East Bay Front, Balboa Island, you need to be aware of another ongoing problem, involving your son, Billy Uncapher. Billy has physically removed my Bay Front tenants motor boat from the front piers tie location and placed his jet -ski boat in that location on or about Sept. 01, 2007. Your son used vulgar language, threatening and shouting at Mr.and Mrs. Craig Wilson, "Get your fucking boat off my fucking pier." This incident occurred on or about Sept.01,2007. My attorney, Alan White sent a letter to your attorney concerning this incident -a copy is enclosed. To this date your son has not removed his boat. The front ties value is $400 per month and to date Ms. Uncapher would owe me $3,200 at the end of April. I have owned 337 EBF since 1974 and Ms. Uncapher purchased 335 EBF Jan 19,1996. There was an Agreement for Use of Pier drawn up by the law firm. of Latham and Watkins on April 21,1979. The pier is a shared pier with each adjacent property owner entitled to an undivided '/Z interest. The previous owner of the Uncapers property, Carol Stewart, had the law firm of Gibson, Dunn, Crutcher also record a very similar Agreement for Use of Pier as a Covenant Running with the Land- a copy is enclosed along with the Latham and Watkins copy. Three previous tenants of the Uncapher's home all adhered and abided by these documents. The Uncaphers have chosen not to and have continued to unfairly and I claim illegally ignored these agreements to share the pier equally. They have exclusively occupied the center slip since they arrived in January 1996 and have refused to share it. With Billy Uncaphers recent invasion they have 3 boats occupying the Center Slip, their Side Tie, and the Front Tie, leaving me with only my one Side Tie. See diagram. Newport Beach Harbor Resources Supervisor, Chris Miller, sent Ms. Uncapher a letter 2/12/2004, copy enclosed, regarding equal rights of joint ownership piers. The letter was ignored by Ms. Uncapher. Another letter from N.B. Marine Safety Dept. 7/11/1973 states that in order to legally transfer 1/2 interest in a Joint Ownership Pier, the new owner must apply for a Pier Permit Transfer. The City of Newport Beach requires the signature of the new buyer (Uncapher) as well as the adjoining property owner sharing the pier(Zinzer) The Uncaphers did not obtain my signature of this Pier Permit Transfer Slip. A copy is enclosed. I therefore contend that they do not have a legitimate nor legal right to use the pier, let alone place their boats in locations reserved for me. Please have them remove their boats from the Center Slip and the Front Tie without further delay. The only reasonable long term solution is the remodeling of the pier to include 2 center slips. Ms. Uncapher has been dragging her feet and delaying this solution since she has May 08 08 12:23p p.2 control of 3/4 of our piers boat locations. The slightly smaller pier design of 4/9/08 has been o.k'd by Harbor Resources. It has no 4 ff. wide center walkway as Ms. Uncapher requested, but was not judged to be unsafe. Both boats berthed there would still have 9 ft. beam width including each boats rubber side bumpers, which would be required - regardless of the Oft. wide center walkway. If this pier remodeling is not approved now, it may not be possible to have it permitted at some time in the future. This would lead to continuing animosity and continuing litigation. Why don't we cooperate and have this pier remodeled now without further delay. Sincerely, /� &" %�� FRANK ZINZER 7331 Woodrow Wilson LA, CA.90046 (323)8762723 February 25, 2008 Chris Miller and Lisa Walters Harbor Resources Division 829 Harbor Island Dr. Newport Beach, CA 92660 Dear Chris and Lisa: Thank you both for your help with my attempt to have a new pier and float built for my shared pier at 337 and 335 East Bay Front. As you know, my attempts to gain my legal half interest in my pier have been frustrated for 12 years now. You have stated the current mooring permit holder #E-40, Richard Esposito, objected to the original plan to widen our float from 20 ft. to 30 ft. This dimensional change would move our float 5 ft. closer to both 335 and 337 East Bay Fronts outside property lines. There is now 20 ft. from our float to the outside property lines and the Swift Slip plan of 4/13/07 provides only 15 ft for the newly designed float. This does not seem to be a threat to either outside neighbor since we are not asking to encroach outside our property lines into our neighbors property space. I have considered purchasing the 4E40 mooring permit from Mr Esposito, as you suggested. There are potential problems relating to such a purchase. The N.B. City Easement for his space is only 10 ft wide. There is a 1 to 2 ft. wide groin in the center of his space extending for about 100 ft. The neighbor at 339 EBF has had his cabin cruiser encroaching 4 to 5 ft. into the 10 ft. wide mooring space and could present a legal snag. Mr. Esposito has admitted that he replaced his wooden #E40 post at least once since he purchased the mooring permit 19 years ago. I don't believe he had a city inspector check the post's placement as the city regulations require, before and after the substitution of a new post. I have owned the property at 337 EBF. For the past 34 years and do not believe the post was 4 ft. inside my property as it now is. It is difficult to believe the N.B. Harbor officials would have placed that post outside the allotted mooring area inside a neighbors property line! May I receive some vicinity maps of the area from around 1957. That would be a big help. Lastly, enclosed is a revised plan for the float that I would like you to consider for approval. It would change and narrow the floats width by 4 ft. from 30 ft. to 26 ft. and increase the distance from float to property lines from 15 t. to 17 ft. Please let me know of your decision as soon as possible. Thank you. ,'A,7 10:23 FROM:SWIFTSLIPDOCK.COM (949) 631-3122 TO:13238762723 P.3 77 Placentia Avenue, Costa. Mesa, California 926-27 (9,49) -631-312-1 Fax (949) 6.31-3122 MEMO TRAUTWEIN BRO& MATET CONSTRUCTION General D-Igincc-,i-ng contractors ,d10 Blvd. Baoch, calm 92663 213) 673-1960 -/ 5A- CAPA m 7- m L) V SUBJXT- SHEET No.— OF JOB No BY —5;1-44k;Q 4(:5-Y DATE-5�7 CHKD. By_— DATE ex, - FRANK ZINZER 7331 Woodrow Wilson LA, CA.90046 (323)8762723 January 17, 2008 Dear Chris and Lisa: Thank you for your interest and help with my ongoing pier problem with the Uncapher family. I have enclosed several additional documentations relating to this situation that might help to understand my effort to complete the process to build the remodeled pier. It is the only way to gain equal use of our shared pier. ?VWOO zkffzou..� 1 .' :. 4 i' Kevin Lewand 721 No. Eckhoff, ®range, CA. 92868 (-71zl) 5 qq '� 3 f 0 Dear Mr. Lewand: We have not met in person yet, but we have spoken several times over the phone regarding the float at 335 and 337 East Bay Front where you have docked your electric boat for the past 12 years. You are aware of the ongoing problem whereby Doris and Billy Uncapher have refused to share our shared pier equally since they purchased their home at 335 EBF twelve years ago. They have occupied our only center slip exclusively, refusing to remove their boat and allow my equal time use. On September 01, Billy Uncapher forced my tenants boat off the front mooring of our shared pier- the location that was reserved for the property not using the center slip, according to an Agreement for Use of the Pier, drafted by the law firm of Latham and Watkins on Apr. 21,1979. A copy is enclosed. Mr. Uncapher refuses to remove his boat from the front pier location in spite of our requests. Therefore, I am asking that instead of you continuing to mail your monthly docking fee to the Uncaphers, please send your checks to me at the above address until further notice. If this does not seem fair to you, then please deposit your monthly checks into a trust account to be distributed according to agreement at a later date. Thank you in advance for your cooperation. If you have a future problem with the Uncaphers, you will have priority with me on our new enlarged pier that is nearing the end of the approval process and should be built soon. Sincerely, ���"�i � :� ' <~ e"fl �l�k,�9� I � ✓,fie �� �rW`� ¢ Jam&, � AN � t: >..... . . �. . \-ROM � .« ?� � �<\� : r / \�\ /\ `� \` � \ . «d: \ / awry G� °f \ \ #\\ t »y \>� ON* AGREEMENT FOR USE OF PIER sz THIS AGREEMENT is made as of the j-day .of; April, 1979 by and between ALICE J. STEIGERWALD ("Mrs. Steigerwald") and DR. FRANK ZINZER and BARBARA ZINZER (the "Zinzers"), collectively the "'Parties" RECITALS A. Mrs. Steigerwald owns the property and residence commonly known as 335 East Bayfront, Balboa 'Island, Newport Beach, California and more particularly known as lot 20, tract 742 (."335 East Bayfront").- Mrs. Steigerwald resides at 335 East Bayfront. B. The Zinzers own the property and residence commonly known as 337 East Bayfront, Balboa Island, Newport Beach, California and more particularly known as lot 19, tract 742 ("337 East Bayfront"). The Zinzers currently lease 337 East Bayfront to various -,Parties. C. Mrs. Steigerwald and the Zinzers own as tenants - in -common, each.with an undivided one-half interest, that certain pier abutting 335 East Bayfront and 337 East Bayfront (the "Pier"). In consideration of the Re,,citals and the mutual promises hereinafter set forth, the parties agree as follows: a AGREEMENT I. The permanent use of -the pier 'shall be restricted to Mrs. Steigerwald, the Zinzers, and the lessees of either 335 East Bayfront ("335 Tenants") or 337 East Bayfront ("337 Tenants"). Bonafide guests of Mrs. Steigerwald, the-Zinzers, the 335 Tenants, or the 337 Tenants may use''th.e 'Pier for temporary periods. 11. The use of the slip and-the'two side'and one inside ties on the Pier shall be as follows a. The Zinzers and any 337 Tenants shall have the exclusive use of the side tie nearest 337 East Bayfront. _.. . b. Mrs.' Steigerwald and any '335 Tenants shall have -the exclusive use of the side tie nearest 335 East Bayfront. c. The Zinzers and any 337 Tenants shall have exclusive use of the center slip until January 31, 1984. Thereafter, the Zinzers Viand any 337 Tenants) and Mrs. Steigerwald (and any 335 Tenants) shall each have exclusive ' ' SLIP use of the center slip for alternating one-year periods, the first such user to be chosen by lot. d. For the periods during which the Zinzers and any 337 Tenants shall have'exclusi.ve use of the center slip, Mrs. Steigerwald and any 335 Tenants shall have exclusive use of the inside tie. For the periods during which Mrs. Steigerwald and any 335 Tenants shall have exclusive use of the center - slip, the Zinzers and any 337 Tenants shall have exclusive use of the inside tie. 2 III. The moorings assigned by this Agreement cannot be changed without the written consent of both Parties. Moreover, neither Mrs. Steigerwald and any 335 Tenants nor the Zinzers and any 337 Tenants may place a boat in the mooring assigned to the other, even if unoccupied, without the written consent of the other Party. IV. Mrs. Steigerwald and the Zinzers shall each be responsible for one-half of all reasonable costs for maintenance and repairs for the Pier agreed to in advance, in writing, by both parties, V. Any person using the Pier for any purpose shall be responsible for maintaining the Pier in a clean, tidy and shipshape fashion. No person by use of the Pier may block the access of any other person entitled to use of the Pier. VI. All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several respective heirs, executors, adminis- trators, lessees, successors and assigns of the parties, "MRS. STEIGERWALD" Alice J. Steigea "THE ZINZERS" Frank Zinzer Barbara Z pe i�� V 3 PERMIT NO. DREDGING APPLICATION Project Location: E. Bay Front Cubic yards to be Dredged: 100 Method of Dredging: A�rirunl i st�rti nn Nature of Dredged Material: sand /ailt Disposition of Dredged Material: pirAlinp trAnQnort to beach reclamation :Method of Material Disposition: pipeline transport T=1 bidity Control Method: RPdi��P r3i anharoP vP'I c�r.i t� _ - =ffect of dredging on contiguous bulkheadirg and beaches —Reinforce/protect bulkhead -restore sand to depleted beach I, Mark Sites , hereby state that I', have read the J. S. zrriy (print name) Corps of Engineers permit for maintenance dredging in L�ewport Harbor, the City of Newport Beach and Orange Countv Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accent all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. Carol Stewart (Applicant -type name) 2/29/88 (Date) 0 Contractor -type na:r,"c ) Signed: 24—VZ Contractor's Representative Cl T Y BE.4cH T Lor eoeh //r"s"J' 4U a 1 / F 1 o? w I�ti �Swer AwcQoA /SLwNp !� �, ��_• c q C., �� a y. /q&45 0C 1 Vct MA,( e--9 s ,0QeAS ^�{�` N V 1 C I M 1 T Y .SKETCH Yvtsr Arrr � Ews� NXVVPORT BAY CAL IlrORN/A �,! / w JCTry GN {iJrJ S Ae D �� I Q - SOC/nd n95 ore t rpsessed /P7 {Qer, and c^'sno/e dap ih s 6 elo�+' tireo.! Lower G o w Wo fear. Nloxrsrcisr rpn 9 e o f fi do Opp rvX / /rro �e1 y /O Free Hor.bor /ir7 e5 ore esiob/r'Shed /n 7i'i,:s , seclzo n or'NewPorf Sort: j J � Cl- 5z 9 6-0 od2p L / CA,vTS (. a �I ��7Qu�a / L o T 2- T,¢ACT 7Z 7 Ica .4oDgeSS 2, 7- CoArraAcroc S DA7-e .� ., 11,41,'A R 3 0 R F E pERVUSSION if; NEREgy engrITED TE) CONSTRUCT AND RIAIETA W! THE 17ACELITY SIMM F..Vv. SE EEREOF, AT THE �'NDICATCD, To P2CW"sioNs or THE HARBOR PERAUT PU? ZL 07, OV GRWORY BEACH ANC ANY SPECIAL COKWT!Qrs TM V�.15 PERRM 16 NOT LCXISENT G', THE '�iTY THE Klc-,,W's c",VLN UNDHE 0 "iV ONLY ANO THIA PEMOR MAI 1 0 COUNCIL IN 1,CCORDAN"CE WiTH, WA CITY H 4�infw FIRMS 14% SPECIAL CGNIMMONS: �noncers Formit Orcmg- CcmiV Ferm�t other PERMIT ISSUED SUBJECT TO DREDGE MATERIAL BEING HAULED Tie SEA Pl,l-%CED ON BEACH 04- CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 February 12, 2004 Ms. Doris Uncapher C/O William Uncapher 335 E. Bay Front Newport Beach, CA 92662 RE: Complaint From Joint Pier Permittee, Frank Zinzer, at 337 E. Bay Front Dear Ms. Uncapher, A complaint has been filed with this office from your neighbor and joint pier permittee, Mr. Frank Zinzer, concerning the status of the pier that both of you own. He contends you are restricting his rights to access half of the pier, half of the time. Although the City does not get involved in these types of issues between neighbors, I wanted to remind you of both pier permittee's equal rights as per the Newport Beach Harbor Permit Policies, Joint Ownership Piers: A. "Permits maybe granted for joint ownership piers at the prolongation of common lot lines subject to the following conditions: 1. No permits will be granted to persons other than the owners or long-term lessee of the abutting upland properties. 2. The permit application must be signed by the fee owners or long-term lessee of all abutting upland property having access to the facility. 3. The permit shall provide that all parties shalhave equal rights under the n2rmlt and shall be held jointly responsible for compliance with all rules, regulations, and conditions set forth in the permit. B. The policy for setbacks applies to joint ownership piers with the exception that the slips, floats and piers may extend over the common property line." In addition, the State Tidelands Grant to the City of Newport Beach states that only marine oriented equipment be placed on the piers in Newport Harbor. Patio furniture, including tables, chairs and umbrellas are not permitted on dock structures. Please remove your furniture as soon as possible. If you have any questions regarding the above mentioned policies, please feel free to call me for clarification. Thank you' f(4,11 V Chris Miller Harbor Resources . c.�VPICVWDOj =be.ac (949) 644-3043 CC: Frank Zinzer 7331 Woodrow Wilson Los Angeles, CA 90046 (AA; Ci �-3 FRANK ZINZER 7331 Woodrow Wilson LA, CA.90046 (323)8762723 �%Ll �d, GFa�h.@,r i 445' �3 6 S If Li "7 April 2006 Mrs. Doris Uncapher and Bi Uncapher: 8216 Tuscany Playa Del Rey, CA. 90293 Dear Doris and Billy: I am sending this letter to Doris due to the fact that she the sole acting trustee of the Uncapher Revocable Trust and sole owner of the property at 335 East Bay Front. If she chooses to refer this matter to Billy, that is up to her. This letter again addresses the situation of the un-sharing of our shared pier. Enclosed is a copy of the original AGREEMENT FOR USE OF PIER drafted by the law firm of Latham and Watkins signed by Mrs. Steigerwald, owner of your property, on April 21, 1979. A copy of the agreement is enclosed. Article VI states that "All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several respective heirs, executors, administrators, lessees, successors and assigns of the parties." Keith and Doris Uncapher were aware of this Agreement at the time they purchased 335 EBF on January 19, 1996. Over the past six years the Uncapher family has come up with 6 excuses why they should not have to share our lone center slip: 1. We did not receive a copy of the Agreement at the time of our purchase and therefore do not have to abide by it. You were aware of the agreement but did not object at the time. 2. We consider the Agreement to not be legally binding in spite of article VI. 3. Gosh, you didn't say anything about my dad's agreement to allow you're equal time use of the slip for the past 4 years! Isn't it a little late now? No, Billy, I trusted your father and his family to honor his agreement to me. 4. Keith and Doris asked me to sign a new agreement after their exclusive use of the center slip for the first 4 years. The agreement was intended to begin at that time and according to Keith, I was to "donate the past 4 years use of the center slip to the Uncaphers." S. The extension of the common property line thru the pier places most of the center slip on the Uncapher side. This is irrelevant. The gangplank is wholly on my side of the pier. 6. Billie's latest stalling attempt to retain exclusive use of our center slip is based on his statement that there is more distance from my side tie to my outside property line than there is to the Uncapher's side tie to their outside property line, therefore allowing me to place a larger boat on my side tie and charge more for leasing than the Uncaphers can charge for leasing their side tie. This claim is ridiculous. Actually there is exactly the same amount of distance from both side ties to the respective property lines. This was confirmed by Swift Slip's survey. And additionally, the Swift Slip plan from 3/11/2003 for remodeling the pier and providing two center slip spaces, provides more side space for the Uncapher property than the Zinzer property- 18 feet versus 17 feet. Am I complaining? No. I am happy to give you the extra foot advantage. Let's get the pier remodel done without further delay and put an end to this unnecessary stressful feuding. I am again enclosing a copy of the Swift Slip pier remodel estimate along with a copy of the original AGREEMENT FOR USE OF THE PIER. Billie's suggestion of income sharing from our individual locations on the pier is unworkable and unnecessary. Traditionally the owners of shared piers moor their own boats on the pier's side tie closest to their property- it makes sense. And with the pier remodel we will each have an equal width center slip location also nearest our own individual property. In my last letter of March 01, I suggested a resolution of our continuing dispute by one of three methods: 1. The Uncapher's would fully pay for the Swift Slip pier remodel of approximately $18,657. This would be in place of the five years and three months of my denied exclusive use of the center slip, amounting to over $30,000 at this time. This offer is based upon prompt action and not further delay. This is an even numbered year in which the center slip is reserved for my exclusive use according to the Agreement for use of the pier. 2. An Arbitration Settlement 3. A Civil Court Case As I stated before, I think it would be far better to remodel or pier now, but the decision is up to you. Please let me know of your decision. Sincerely, 20.27 Placentia Avenue, Costa Mesa, California 92627 !N!, (949) 631-3121 Fax (949) 631-3122 1 i 1 J � � C i ..1. !i 2. , t l ��, v. 0'5 t e Wq- ' � I - - -! -- -- --- ....... IL j 1 ' Ai ii DOCK & PIER `BUILDERS, INC. r SWIF"'T SLIP #7647 DOCK AND PIER BUILDERS, INC. 4/203 CONTRACTOR'S LICENSE 797052 A 2027 PLACENTIA AVENUE - COSTA MESA, CA 92627 TELEPHONE (949) 631-3121 - FAX (949) 631-3122 Frank Zinzer 7331 Woodrow Wilson Los Angeles, CA 90046 Phone: 323/876-2723 ESTIMATE 337 E. Bayfront, Balboa Island, CA. • Lift off existing pier platform. • Pull and replace two [2] concrete "T" pile. • Move gangway and change hand rails to new opening. • Pull and reset one [1] guide pile on floating dock. • Build new 4 x 20 finger and 4 x 8 back walk. • Build 4 x 6 lobe to support gangway. Estimated Costs Two [2] 14" "T" pile & move one I existing pile. $ 8,700.00 Pier revisions. 2,500.00 Floating dock revisions. 4,957.00 Permits. 2,500.00 TOTAL: $ 1.8,657.00 Note: Permit fees, administration costs and engineering are estimated above with a complete description of costs upon final billing. All lumber will be CCA pressure treated Douglas fir. All new hardware will be hot dipped galvanized. Authorized By: Date: Please sign and return with 10% down to authorize the price and work contained in this contract. AGREEMENT FOR, USE OF PIER (the "Zinzers"), collectively the "Parties RECITALS A. Mrs. Stei,gerwald owns the property and residence commonly known as 335 East Bayfront, Balboa Island, Newport Beach, California and more particularly known as lot 20, tract 742 ("335 East Bayfront").- Mrs. Steigerwald resides at 335 East Bayfront. B. The Zinzers own the property -and -residence commonly known as 337 East Bayfront, Balboa Island, Newport Beach, California and more particularly known as lot 19, tract 742.(,"337 East $ayfront").- The Zinzers currently lease 337 East Bayfront to various",`--P,arties. C. Mrs. Steigerwal.d and the Zinzers own as tenants' - in -common, each with an undivided one-half interest, that certain pier abutting 335 East Bayfront and 337 East Bayfront (the "Pier"). In consideration of the Recitals and the mutual promises hereinafter set.forth, the" arties agree as follows: - R AGREEMENT { I. The permanent use of -the pier shall be restricted to Mrs. Steigerwald, the Zinzers, and the lessees of either 335 East Bayfront ("335 Tenants") or 337 East Bayfront ("337 Tenants"). Bonafide guests of Mrs. Steigerwald, the'Zinzers, the 335 Tenants, or the'337 Tenants may use -the pier for temporary periods. II. The use of the slip and-the'two side'and one inside ties on the Pier shall be as follows: a. The Zinzers and any 337'; Tenants shall have the exclusive use'of the side'tie'nearest 337 East Bayfront. b. Mrs.' Steigerwald and any 335 Tenants shall have -the exclusive use of the side tie nearest 335 East Bayfront. c. The Zinzers and any 337, Tenants shall have exclusive use of the center slip until January 31, 1984. Thereafter, the Zinzers (and any 337 Tenants) and Mrs. -Zitv,�F(Z, Steigerwald (and any 335 Tenants) shall eachhave'exclusive r Sti use of the center slip for alternating one''year periods, the first such user to be chQei by lot. d. For the periods during which the Zinzers and any 337 Tenants shall have'exclusive'use of the center slip, Mrs. Steigerwald and any 335 Tenants shall have exclusive use of the inside tie. For the periods during which Mrs. Steigerwald and any 335 Tenants shall have exclusive use of the center slip, the Zinzers and any 337 Tenants shall have exclusive use of the inside tie. R . 2 III. The moorings assigned by this Agreement cannot be changed without the written consent of both Parties. Moreover, neither Mrs. Steigerwald and any 335 Tenants nor the Zinzers and any 337 Tenants may place a boat in the mooring assigned to the other, even if unoccupied, without the written consent of the other Party. IV. Mrs. Steigerwald and the Zinzers shall each be responsible for one-half of all reasonable costs for maintenance and repairs for the Pier agreed to in advance, in writing, by both parties. V. Any person using the Pier for any purpose shall be responsible for maintaining the Pier in a clean, tidy and shipshape fashion. No person by use of the Pier_may block the access of any other person entitled to use of the Pier. VI. All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several respective heirs, executors, adminis- trators, lessees, successors and assigns of the parties. "MRS. STEIGERWALD" A ice J. Steige a "THE ZINZERS" Frank Zinzer Barbara Z' per 3 F March 18, 2006 Dear Frank, I am in receipt of your letter to my mother dated March.1, 2006 I am disappointed and somewhat confused that you chose to respond to my mom ten months after I sent you a letter ( I have enclosed a copy) detailing our position and informing you that you will be dealing with me in regards to any issue concerning 335 Fast Bay Front. My position has not changed. The issue comes down to the definition of equal sharing. Equivalence can be based on one of two things, number of slips rented/used or pier revenue. If based on the number of slips we both have been renting or using, we are sharing the pier equally. You have been renting your side tie and the front tie, while I have been using the center and the other side tie. However, if one were to define equal sharing of the pier as a function of revenue potential earned on each slip, it has not been shared equally. In this regard, you have benefited more than me. You are currently getting at least $1,000 on your side tie plus $250 for the front tie. I, on the other hand, because of space limitation and configuration of the float, can receive at best only $500 each for the center and side tie. So over the last 10 years, you have had the opportunity to earn more than $3,000 per year more than me. I am willing to agree to have you continue receiving the extra revenue benefits that you have been enjoying over the last 10 years, under the following terms: 1. Use of the upper part of the pier will be limited to the owners or tenants of 335 and 337 and not the back tenants of either property. 2. Boat tenants may only have use of the pier for entering and leaving their boat. 3. We both indemnify each other from any damages or liabilities resulting from our respective boat tenants. 4. Future repairs will be split based on relative wear and tear to the pier. Larger boats produce more impact on the pier, thus our respective contributions to repairing such impact should directly reflect the relative impact factor of our respective boats. Unbiased calculation of relative impact and subsequent contribution is the relative number of boat feet out of the total number of boat feet occupying the pier. Thus, my proportional contribution is the sum total feet of the boats occupying my two slips, divided by the total feet of the boats occupying the pier. Likewise, your proportional contribution is the sum total boat feet occupying your two slips, divided by the total boat feet occupying the pier. For example, currently the two boats you have been renting are 40 feet and 18 feet, for a total of 58 feet. The size of the boats on my slips are both 18 feet, for a total of 36 feet. The combined total is thus 94 feet. Your portion is 62% (58 feet out of total 94) and my portion is 38%. Therefore, for any repairs that would be made today, you would pay 62% of the bill and I would pay 38%. An alternative solution to our disagreement is to split pier revenue equally. I will be responsible for the revenue on the center slip and my side tie. You will be responsible for your side tie and the front tie. At the end of the year we will split the revenue and expenses equally. As I mentioned before, my mom has retired and all issues regarding 335 need to be addressed to me. Please do not contact my mother for any reason. I look forward to your response. Sincerely, Approved By, Bill Uncapher Doris Uncapher CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive c�zrrou�'`� Newport Beach, CA 92660 February 12, 2004 Ms. Doris Uncapher C/O William Uncapher 335 E. Bay Front Newport Beach, CA 92662 RE: Complaint From Joint Pier Permittee, Frank Zinzer, at 337 E. Bay Front Dear Ms. Uncapher, A complaint has been filed with this office from your neighbor and joint pier permittee, Mr. Frank Zinzer, concerning the status of the pier that both of you own. He contends you are restricting his rights to access half of the pier, half of the time. Although the City does not get involved in these types of issues between neighbors, I wanted to remind you of both pier permittee's equal rights as per the Newport Beach Harbor Permit Policies, Joint Ownership Piers: A. "Permits maybe granted for joint ownership piers at the prolongation of common lot lines subject to the following conditions: 1. No permits will be granted to persons other than the owners or long-term lessee of the abutting upland properties. 2. The permit application must be signed by the fee owners or long-term lessee of all abutting upland property having access to the facility. 3. The permit 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. B. The policy for setbacks applies to joint ownership piers with the exception that the slips, floats and piers may extend over the common property line." In addition, the State Tidelands Grant to the City of Newport Beach states that only marine oriented equipment be placed on the piers in Newport Harbor. Patio furniture, including tables, chairs and umbrellas are not permitted on dock structures. Please remove your furniture as soon as possible. If you have any questions regarding the above mentioned policies, please feel free to call me for clarification. Thank you, Chris Miller Harbor Resources cmillergcity.newport-beach.ca.us (949) 644-3043 CC: Frank Zinzer 7331 Woodrow Wilson Los Angeles, CA 90046 CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT- HARB .'ERMIT APPLICATION (Please prin information) -H N �• Hr +J � - 1. Applicant (Property Owner) Address Telephone S + 33,1 c oA)^- 2. Project Address (Street Ad ress) Harbor Permit Number 3. New Construction Revision Maintenance X Dredging ✓� 4. Fee ` Check No.®�' Date 5. Brief Description of Proposed Work: 6. Submit 8 1/2" x 11" Drawings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures_ on adjacent properties. 2). Location of bulkhead, pierhead and project lines. 3). Location of property lines. 4). Location of channel markers within 200 feet. 5). Lot sizes and lot numbers, if available. 6). Existing ground profile beneath proposed structure. 7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W. 8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W 9). Any special conditions affecting the construction or affecting boating operations. 10).Complete all information required in information block, bottom of sheet. Note that the OWNER.. of the property is the applicant. 11).Drawing size shall be 8 - 1/2" x 11 12).Scale shall be adequate to clearly show the above information. 13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines. 7. Owner -Builder Declaration must be completed (on reverse side of this sheet) 8. Applicant's/Agent's Signature: Date: Joint Permittee Signature (If applicable): Date: 9. Work can begin once the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach Municipal Code and subject to penalties. 10. Your permit will not be final until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, .if we have not been contacted for a final inspection. OFFICE USE ONLY Approval in Concept. Approval of the City of Newport Beach Council. Approval of the Army Corps of Engineers Approval of the California Coastal Commission. tJ (� Approval of the City's Public Works Department. Approval of the City's Building Department. Approval of County of Orange. Electrical and/or plumbing permit (Building Department) Issued. (Permit is stamped drawing) Site Inspection. (call 644-3043 for appointment) Site Re -Inspection Date Date Date Date Date Date Date Date Date 11 Date Date Conditions: OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who. builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale). I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such projects with a Contractor(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Professional Code for this reason: Owner's Signature: Date: Contractor: usr? �-r ` ,� I� �,� Telephone: D o -.2 Address: 3-4 t� d;� 6,bo U1.12- N�� 511L G-3 License class: 4-1:43 State Board No. ASS Sc� City License No. License Contractor's Declaration I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and rofessions Code, and my license is in full force and effect. Contractor's Signature ���� -' Date: CITY OF''NEWPORT BEACH FIRE MARINE L_.�IARTMENT- HARBOR PERMIT APPLICATION (Please print all information) tnL7t-( (_,�AICd266-R, 1. Applicant (Property Owner) Address Telephone 2. Project Address (Stre t Address) Harbor Permit Number 3. New Construction Revision Maintenance Dredging 4. Fee Check No. � l �� � Date 5. Brief Description of Proposed Work: c�fc P16 j ov3� 6. Submit 8 1/2" x 11" Drawings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures. on adjacent properties. 2). Location of bulkhead, pierhead and project lines. 3). Location of property lines. 4). Location of channel markers within 200 feet. 5). Lot sizes and lot numbers, if available. 6). Existing ground profile beneath proposed structure. 7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W. 8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W. 9). Any special conditions affecting the construction or affecting boating operations. 10).Complete all information required in information block, bottom of sheet. Note that the OWNER. of the property is the applicant. 11).Drawing size shall be 8 - 1/2" x 11". 12).Scale shall be adequate to clearly show the above information. 13).Existing structures shall be shown -in light dashes. New work shall be shown in heavy solid lines. 7. Owner -Builder Declaration must be com a (on reverse side of this sheet) 8. Applican- s/Agent's Signature: Date: Joint Permittee Signature (If apoflcablW. Date: 9. Work can begin once the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach Municipal Code and subject to penalties. i 10. Your permit will not be final until we have conducted an on site inspection once construction .is completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection. OFFICE USE ONLY Approval in Concept. Approval of the City of Newport Beach Council. Approval of the Army Corps of Engineers Approval of the California Coastal Commission. Approval of the City's Public Works Department. 7V f-%A0V Kowl Approval of the City's Building Department. ,y>�,,., Approval of County of Orange. Electrical and/or plumbing permit (Building Department) Issued. (Permit is stamped drawing) Site Inspection. (call 644-3043 for appointment) Site Re -Inspection Date Date Date Date Date _51 ik � Date Date Date Date� Date Date Conditions: OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensedpursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale). I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such projects with a Contractor(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Professional Code for this reason: Owner's Signature: Date: Contractor: Telephone: �Q a� fa3 Address: P `t0- X `U -O License class: I-13 State Board No. Ste? City License No. License Contractor's Declaration I hereby affirm that I am licensed under provisions of Chapter 9 '(commencing with Section 7000) of Division 3 of the Business and professions Code, and my' license is in full force and effect. w� Contractor's Date: CITY OF J� NENPORT BEACH G, )RY PRCIF-IC OCERN PIER \ ORCZ,=5 ` IL-ICQT/Orv, VICINITY MAP IEww mr, aLywaR NEWPOFK tom'I�,t 3ANG�o�-.- i JEM PROFILE 1EFEiT JETTY SOUNDINGS ARE EXPR1 it ELEVATIONS BASED 01 7 C 0 j SED IN FEET AND DENOTE MEAN LOWER LOW WATER. 13A Y / s--�4>-ZDy 4' \ F- _ 9t Q i 7-0 TWe --rA,*-o LI �O tt 7T EX, PrE,e, i t $l 1t I � 1 , 3e. rr NL 7 73-1 Ezp a%gyp f�rF Or PLAN VIEW: FNPLIMNT'S NAME, A�// U.t1CJ4l;;.ql5 ]JOB ADIIRESS : 93SANa 33 DATE; 5��, EAST 6.4 / � W7, 6Z �EW PpRT CITY OF NEWPORT BEACH v> -Z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 CqC/FOR��P January 10, 1996 Mariners Escrow Corporation Post Office Box 8808 Newport Beach, Ca. 92658 Re: Harbor Permit 152-335-1, 335 East Bay front, Newport Beach. Escrow # 11947 DM Sirs: The City of Newport Beach Marine Department has received a request to transfer pier permit 152-0335-1 for the property located at 335 East Bay Front. The facility was inspected on January 9, 1996. We cannot transfer the pier permit until the following deficiency has/have been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: 1. A City -approved anti -syphon device is required at the water connection for the water supply to the pier and float. A sketch showing the approved type of device and its installation is enclosed. The device presently on the water service is no longer an approved backflow prevention device. This requirement is in accordance with Title 17 of the California Administrative Code. The Newport Beach City Council Harbor Permit Policies state: 10.D. ,At the time of transfer, all harbor structures shall be inspected for compliance with the City' s minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." 0ees l VISE THIS DEPARTMQ�lT WHEN THE ABOVE DEFICIENCIES HAVE BEEN CTED. Please call 644-3044 to request a re -inspection. Armand Harbor Inspector 3300 Newport Boulevard, Newport Beach � MARINERS {�}ESCROW CORPORATION City of Newport Beach Marine Dept. Attn: Wes Armand Newport Pier 190 Newport Center Drive, Suite 250 Newport Beach, California 92660 Post Office Box 8808 Newport Beach, California 92658 Phone (714) 640-6040 Fax (714) 721-8157 Date: December 30, 1995 Escrow No. 11947DM Subject Property Address: 335 E. Bayfront Newport Beach, CA In connection with the above numbered escrow, the following items are herewith enclosed: Check in the amount of $300.00 representing cost of Pier Inspection Fee. Please send inspection letter to Mariners Escrow Corporation at the above mentioned address. Please d not hesitate to)contact the undersigned if you have any questions in regards/ ep #his matt,6r. �11 V G 1 1. rdF Dana M .ilk Escrow(((("," f f L er /S2 33. 00 r v e�+�ean lid enr LOG : P JY36 4 cc VICINITY SKETCH o c E Newport Say California o i r prU1`M IC SCALE MILQ:� Traced from LOsAngeles U.S.E.D d". 81SA-1 60"MC inys �'e �xP�vsied in fc�•t end dsno Q th9 be/aw ^'1��s Lower Low Watci- Maw of tio% aPjorox. �O�t .•' 7 r F �� �C. I ���.pti���C � �\yam• C� o � � �'� •:i ,� �\ ��• �, ��/ �e A /o' ��'s-� ..per• '�. �, . o. '%r9. _ J- ;,AL � . Spa/e in Feef flip \ �w 3�e Proposed Pier and Landing Floc Newport 8aY Iewport Bea ch,CaIifor to: CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 January 16, 1996 Mariners Escrow Corporation Post Office Box 8808 Newport Beach, CA 92658 Re: Harbor Permit 152-335 for property at 335 East Bayfront, Balboa Island. Escrow #11947 DM Sirs: Regarding a pier permit transfer for the property located at 335 East Bayfront, the structure was re -inspected on January 16th, 1996 at which time it was determined that it conforms to City standards. Once we have received the pier transfer card, signed by both the Joint owners and the new owner, and the $300 transfer fee, we will be able to transfer the pier permit. Sinc ely, Wes Armand Harbor Inspector 3300 Newport Boulevard, Newport Beach loo 4 VICINITY SKETCH Newport Bay California 0 t —1 Z71-11 -SCALk ­Lf5 Traced From Los A r?g e I es U, S. F—D `1Z-R LOGO jJA 13QA5QA r C, 0, 0 C, e -14, SISA-1 50c//7c;0f/"95 -eAr". 41e>Wr4v,-A--j4Lwc/ in favt and 4cyen4no; cy',OpyAhs 64r1b&ose Meer" CO % G), 4.1 jb 0 -1- <\ 0 .4 -c' - , / '�'Al - Proposed Pierand Landing Flo.&', Ne wp o rf- Bd y Newport BQa C h, Cft I I F0 rri krr4c.+i" ....... ... CITY OF HARBOR 33,aa• a� 4e, a�yy n PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND, MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPp ,T 9EACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERM? IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT 0= THE CITY HARBOR COORDINATOR OR CITY COUNCIL. THE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISS:V z ONLY AND THIS PERMIT MAY BE RL-'VOKED THE CITY i pU"J IN ACCORDANCE WiT E 17 0 T E MUNICIPAL CO CITY H $Q; CQORDINIATQR Z FE2MIT N0. DATE g d wr7s. 11f'53 I r9NCHOR P/LfS_ ' or . ii 11 ►7 OALBOA GA r LOCAT. (90 C DEL VICINITY SKETCH o Newport Bay California C v WO)F/ os 61"rNI� SCALE MILC3 b h o �o J4, Traced from l05An9eles U.S.E. dwg. 815A-1 Sca/e in Feed Soundings �� �xPrvs?ed in faoP end dsnot depths b�/ow /�'1QIa.� Lower Low Water V S. /S2 Max. �� 'vF tio'e aPprox. /off 0isr ir . �. • • O. O �o -y � L riff gyp••., �\ < ��y� �� o •�'+. �; -�, /a •s-� -o�• w r`t PLAN o /o .so /ao ISCa/e in Feel V CQ 3�o a S. IS13 Proposed Pier and Landing Ftoa- Newport BaY Iewport gQacH, CaIiforr _ � I r �ivcHaR Pi��� 1 t, c) �. GrPuno�i Girl ll I� I+j � �,• l I i '� II +� '' +• v 80 u � i V, F,iT VrT o is Zv .3o k0 J � V Sca/e in Fcci /3'Z 0 Off' 7'A CGRO VICINITY SKETCH O Newport any California C. plRn!'n IC SCALE —LES kracedFram Loskgeies U.S.E.D. clwg. 3ISA-1 1 Sozinding.a--p-2alcendin /�., i` end d rne7r�wa d¢�ths tSe/ow Mca..W" L®war Leaw ✓✓ ?7A \ �A �C� `� >d�\ � re•e 41 ty��ruu ram. • f� L � o�wporEk� z,C ........... PO ° CITY OF NEWPORT BEACH U = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 cqG/Fog January 16, 1996 Mariners Escrow Corporation Post Office Box 8808 Newport Beach, CA 92658 Re: Harbor Permit 152-335.for property at 335'East Bayfront, Balboa Island. Escrow #11947 DM Sirs: Regarding a pier permit transfer for the property located at 335 East Bayfront, the structure was re -inspected on January 16th, 1996 at which time it was determined that it conforms to City standards. Once we have received the pier transfer card, signed by both the Joint owners and the new owner, and the $300 transfer fee, we will be able to transfer the pier permit. Sink ely, Wes Armand Harbor Inspector 3300 Newport Boulevard, Newport Beach an,. t m a A j m r �x ti 0 C z z nN $ N A �L m 7J -^ ,i t� In v - n r 'v RY9zom n n > z M p o m �' m �! O� r r M Co zu m m m o � a . a =s w x to � m I m N me o m ON z 0 -0 a 2 C1 C O G 44 r. C7 w 2� m 0 n c� mr z r m z ao m i 0 O ® S o z zr z p n m m a ® m m D nn 0 o p m f2 rt m < 0 D t y y s,® e < 0 0 mr rX. m O 3 *t Ma Im, S z a a Z,f' Dfts < m o a= m �' m y n 2 D O al R n zt � O Oy y i n C C m 'o, H. S m � c � ' w K r z � m m .. e � STATUS SHEET HARBOR PERMIT TRANSFER LOCATION - `—" .� ---- PERMIT NO. i 5 Set l-er Date Application Received:' � -Date fee Received. Request for Inspection made by: Escrow Co.Date' Escrow Officer Escrow No. _ Address . 7.- Piu+ne: Date Inspection made: - Deficiency Letter sent: Transfer completed: Date Inspection: Deficiency corrected: I. Locations",E.: •,.,jam r'f r E h {{pp.er Y� -. 2. Plumbing:10 3. Electrical 4. Structural: S.OTHER: REMARKS: Inspected .by: W _ V 4 f•-, 4i~ yy P I.._ •a I � �: v I t...I ,COGATYOIY; - LOOA � ,�.:.. Cis C CGRo A R!l MAR e ,r VICINITY SKETCH O Newport Bay California C j (d q0 .-� E pp1A�w/C SCALE oeeLlS oj ® Traced from t�sA efes U.S.i:.Q 8ISA-I o io as 3o ao R95 Scc�le in Fern Soundings -!Mra in Faw, ®nd dcsnol� depylhs bC/ow J-1k-~7 Lodvcnr LOW Wa�eP :- 4 / \p "I -Ira v ` . C` �, • c v tq PLAN tQ tSC.710 id? A-CCI � Proposed Pierand Landing Float Newport Bay \ Newport Beach, CaIiforriiaa Appl:c"o- y; C...,!q...ri'.�ttk�r:�iaft'...... v�oN Am� Q7 m>X> � E-0 CF) M m� m NO m D m I N Q] N z n x 0 D Z m D � T mmo AD. NCO [D N� Ln m A p V N n c^^ `I m C 3 0 r 0 is, RUMBOLD RREALTY INVESTMENTS A (7 �k1 g-W-4 , a'— 'Lj c gg wx 7 C i t,4 229 MARINE AVENUE P.O. BOX 6 P.O. BOX 1148 BALBOA ISLAND. CALIF. 92662 RANCHO SANTA FE, CALIF. 92067 (714] 675-4822 (619) 942-9454 RUMBDLD REALTY INVESTMENTS l-Z� l2 �. Nc-�T ? 1:u-335- 229 MARINE AVENUE P.O. BOX 6 P.O. BOX 114E BALBOA ISLAND, CALIF. 92662 RANCHO SANTA FE, CALIF. 92067 (714) 675-4822 (619) 942-9454 PORT ° \ CITY OF N EW PORT BEACH n ,July 30; 1987 Chuck RUmbold 229 Marine Avenue Balboa Island, CA 92662 Dear Sir: The City of Newport Beach has received an application to transfer pier permit # 152-335 for the property located at 335 East Bay Front, Newport Beach, California. The structure was inspected on 7/29/87 at which time it was determined that the following deficiencies exist: 1. A City -approved anti -syphon device is required at the water connection to the pier and float. 2. The electrical line to the dock and float must be enclosed in conduit to the bottom of the ramp, and a junction box installed. 3> The drawing of the pier and float that is on file with the Marine Department does not conform to the actual structure. We need a 4 new, updated drawing . 5. In accordance with Section 10-D of the.City Harbor Permit Policies: "All structural deficiencies must be corrected....'..", it will be necessary for these to be corrected. A permit for any electrical or plumbing work rust be obtained from the Building Department of the City. All other work requires a Harbor..`Permit. Please advise this department when the above deficiencies have been corrected. If you have any questions, please contact me at 644-3044. Thank you for your cooperation. Sincerely, OJL*,�, A* Tony Mel 7, Tidelands Administrator r City I1all . 3300 Ne%v ort Boulevard, Neu -port Beach, California 92663 1 3:Sr February 7 0 Mr. James J. Arditto 51 Elder creek Road Sacramento, .forma Dear Mir. Arditto have reviewed your letter pertaining to the pier at 335 Last Bay Front, and I have reviewed the Harbor Regulations Permit Policieso %, sere will be no requirement for Council actiont c coranodate your proposal. Upon receipt of transfer applicationso I will approve teem and issue new harbor permits provided: a. The pier facilityi n a safe condition structurally and that any plumbing or electrical fixtures are satind and safe. This is routine and applies to.any permit transfer. b. Permits will be granted only to the ourners r long-term lessees (5 years) of the pertinent bats o. Permit applications east be signed by both fee owners r long-term. lessees. m The permit provides that all owners or long- term lessees are jointly e o s for compliance its rules, regulations n any conditions that may be set forte a. The facility is not to be used by an owner or long-term lessee until such time as toilet facilities are available in the houses to be constructed. The interestsin the pier may be transferred at any time. For example, if you sell one lot prior to the ether, one-half Mr. e w ArdittO /3/7 interest may be transferred to the new owner while you retain the other one-half interest pending sale of the other lot. trust that the foroingwill be of assistance to you. f you desire more information, pleasecontact me at the City Hall or phone i 3-211 a Very truly yourso 0. M . Dawes Harbor & Tidelands Aftinistrator �W Pp o`` e CITY OF NE PORT BEACH z CALIFORNIA -1I/F0Vk City Nall 3300 W. Newport Blvd. Area Code 714 640-2156 ,February , 3, 1977 *Mrs. A. J. Steigerwald 335 E. Bay Front Balboa Island, CA 92661 Dear Sir: Pier Permit # 152-335 for the pier and slip facility located at 335 E. Bay Front is registered to Frank Zi nzer. The annual pier administration billing was returned to our office. Upon checking with the City's Finance Department, the above property is listed to you. If you have purchased the property, we will, need a harbor permit transfer application and corresponding $150.00 fee as required by City ordinance 17.24.030. At your earliest convenience, please advise this office if you have acquired this property so that the necessary transfer can be accomplished. Sincerely, 4Gn We den Tidelands Administrator Marine Department GEW :11 September 27, 1974 Mr. Frank Zinger 337 E. Bay Front Balboa, California Dear Mr. Zinger: CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673-2110 Ref: 152-337 On March 1 of this year, in accordance with Chapter 17 (Pier Registration Fees) of the City of Newport Beach Municipal Code, a statement was mailed to all bayfront property owners who have a pier and float facility bayward of their property. According to our records, payment of the subject fee has not been received by the City's Finance Department. Section 17.33.050 of the Municipal Code states: PENALTY FOR FAILURE TO PAY FEES. Any owner or permit holder who fails to pay any fee required by this Chapter within thirty (30) days after the same is due shall be subject to a penalty in the amount of ten per cent (10%) of the uncollected fee. Failure to pay the fee plus any accrued penalty within sixty (60) days after the fee was originally due shall constitute grounds for revocation of the permit by the City Council. To avoid further action by the City on this matter, please remit the following amount. Pier Registration Fee: $5.00 Past Due Penalty: .50 TOTAL FEE $5.50 Sincerely, Glen E. Welden Tidelands Operations Coordinator Marine Department GEW: if MARINE SAFETY DEPAIUMENT `70 Newport Pier July 11, 1973 Pliss Alice J. Staigerwald 1"787 Wilshire Blvd., Apt. 904 Los Angeles, California Dear Miss Sty igerwald: Mr. Co Hoylar of W J llia�A Winton 'Real Estate office has contacted our office and requested that we contact you with reference to signing a City Pier Permit Transfer Application. For your information, our records indicate that hhe pier and float structure bayward of 335 and 337 East Bayfront, Balboa Island, is a joint ownership structure. As you probably rememberr, Council Policy establishes that when the abutting upland property transfers ownership,, the new owner must apply for a pier permit transfer® Khen a joint ownership pier is involved, the City requires the signature of both the new buyer as well as the adjoining property owner sharing the pier. I would like to assure you that your signature on the pier transfer application simply means that you have knowledge and joint responsibility for the pier bayward of the sub- ject property. If you have any questions, please contact me at he �Aarine Safety Department and I will explain in more detail the above described City Council Harbor Permit Policy, Sincerely, D. Harshbarger,, Captain Marine Safety Department DH - If LAW OFFICES OF JAMES J. ARDITTO Donald S. Sanford Harbor and Tidelands Engineering Aide 330 Newport Boulevard Newport Beach, California Dear Mr. Sanford: Re: Tract 742 611 SUNSET BOULEVARD LOS ANGELES, CALIFORN[A 90012 TELEPHONE 626-5133 January 23, 1970 Lots 19 and 20 335 East Bay Front Little Island, Balboa Island Newport Beach, California Pier, Deck and Float It is my understanding (from our conversation of January 20, 1970) that a permit was issued for the above Pier and Float in 1942. In any event, I purchased the above Lots 19 and 20 by 1957 and have been using the same for the last @ 13 years. I am in the process of demolishing the single residence (situated on both lots) and will, in the future, sell each 30' lot as a 30' vacant lot with, hopefully, an undivided one-half (1/2) interest in this pier and float. The purpose of the visit by Mr. Vanderburg and myself to your office last Tuesday (January 20, 1970) was to ascertain if there would be any question about transfering of such an undivided one-half (1/2) interest (in the existing pier and float) to the new owners. We pointed out, we are not contemplating any change in shape, design, size, etc.; of the pier and float, merely proposing to change ownership from me to two (2) separate undivided one-half (1/2) interests. You indicated that your office could, in effect, present this matter to your City Council for, in effect, a ruling subject to such change of ownership. The pier is, I believe, situated in the middle of these two, 30 foot, lots and the two (2) new owners (not yet in existence) would presumedly build two (2) new duplixes on each lot and each would have an equal divided interest in this improvement. I would appreciate your office presenting this matter to your City Council at your earliest convenience. Mr. Herbert Vanderburg, of Chester F. Salesburys' office (315 Marine Avenue, Balboa Island - OR 3-6900) will cooperate with you and attend the council meeting as my agent, if you will notify or contact him. He is well aware of our plans in regard to this property. Sincerely yours, `Ilia es J . F.S. I will be in Sacramento, California (10151 Elder Creek Road 916-362-3759) for the next 50 days and therefore you may deal directly with Mr. Vanderburg. JJA/mc cc: Mr. Vanderburg Arditto V