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Home My WebLink About15 - 939 Via Lido Soud Residential Dock Reconfiguration — Appeal of Harbor Commission's Decision - Appeal PaperworkAppeal Application City Clerk's Office 100 Civic Center Drive / P.O. Box 1768 Newport Beach, CA 92658-8915 949-644-3005 Clerk's Date & Time Stamp ECEIVED 2Q191F09 26 PM I: ? I OFFICE Appeals are time sensitive and must be received by the City Clerk specified ti 0�(';ziqcision or final action by a decision -maker. It is advisable to consult with the Department managing the issue if there is question with regards to appealing an action. This is an appeal of the: ❑ Community Development Director Action to the Planning Commission - $1,637 ❑ Zoning Administrator Action to the Planning Commission - $1,637 ❑ Planning Commission Action to the City Council - $1,637 ❑ Hearing Officer Action to the City Council - $1,637 ❑ Building Official/Fire Marshal Action to the Building/Fire Board of Appeals - $1,637 ❑ Chief of Police Action on an Operator License to the City Manager - $710 ❑ City Manager Action on a Special Events Permit to the City Council - $1,639 ❑ Harbor Resources Manager Action on a Lease/Permit to the Harbor Commission - $100 ❑ Harbor Resources Manager Action to the Harbor Commission - Hourly Cost 2f Harbor Commission Action to the City Council - Hourly Cost ❑ Other - Specify decision -maker, appellate body, Municipal Code authority and fee: Appellant Information: Name(s): Ve,` , " Appealing Application Regarding: Name of Applicant(s): I V J NK,Y_� Project No.: J ?5 - V Application Site Address: 15 Decr�iption of application: tyy 10 . G10 0LgW Av . G I (attach a separate Signature of Appellant: FOR OFFICE USE ONLY: Date Appeal filed and Admin City cc: if Date of Final Decision: No.: r Date: 1 2-5 • Z V t I Fee received: C2 — [ / 20 41 - Department Director, Deputy Director, Staff Cashier Code: CDD004 (Harbor Appeal BR001) F:IUserslClerklSharedlFormslAppeal Application Updated 12/14/2018 Conzelman Appeal 939 Via Lido Soud Page 2 Federal Government which created Newport Harbor as we know it today. This action was taken prior to the dedication of Newport Beach in 1936 We are appealing a decision of the Harbor Commission that withholds our right to build to the Project Line as designated by the United States Army Corps of Engineers under the Rivers and Harbors Act of 1899 (30 Stat. 1151, Ch. 425, §11 (March 3, 1899); codified at 33 U.S.C. §404). The Project Line was designated by the Secretary of the Army in a map published on December 26, 195o, by the Army Corps District Engineer, and approved by the Secretary of the Army on April 15, 1951. The map designates 3 lines, the bulkhead line, the pierhead line, and the project line. No subsequent map has been published by the Army Corps of Engineers. The project line is the limit of federal dredging project responsibility (whether or not the Federal Government carries out this responsibility). Newport Beach has approved floats for the mooring of private vessels connected by gangways to the adjacent property to extend to the project line. The Harbor Commission limited the float at 939 Via Lido Soud to the pierhead line. The existing float already extends beyond the pierhead line as do many of the floats which surround Lido Island. Municipal Code §17.35.03oA limits dock floats to the pierhead line "unless approved by Council Policy". Council Policy H-1 allows for dock floats to extend beyond the pierhead line up to the project line if "such extension will not negatively impact: (1) navigation; (2) adjacent property owners; and (3) existing harbor uses." Many existing floats along Via Lido Soud extend not only beyond the pierhead line, but often beyond the project line. In some cases the float is parallel to the shore at the project line with wide beamed vessels extending beyond the project line. The proposed float at the project line will not affect navigation, adjacent property owners, or existing harbor uses. Most neighboring properties have floats that extend to or beyond the project line. From 8o1 to 941 Via Lido Soud, almost every property extends to or beyond the project line, and every property extends beyond the pierhead line. If there was to be an impact on navigation, it would have become apparent long before now. As the adjacent property owners enjoy privileges denied to this property owner, there can be no negative impact on adjacent property owners. The only adjacent harbor use is a temporary visitor anchorage which is more than 220 feet from the project line. This is a more than adequate channel for the vessels to pass between the project line and the anchorage boundaries. The City recently adopted a Local Coastal Program. Municipal Code §21.30C.050 governs the construction of docks at private residences. No portion of this provision limits the float to the pierhead line nor modifies the provisions of Municipal Code §17.35.03oA or Council Policy H-1. U.S. Army Corps of Engineer and California Coastal Commission approval will be required. Each agency will apply its required statutory standards to the proposed project. There is nothing in either the Army Corps regulations or the Coastal Commission regulations which would limit the property owner's pier to the pierhead line. February 19, 2019 DELIVERED VIA FIRST CLASS REGULAR MAIL Swift Slip Dock and Pier Builders, Inc. Attn: Pete Swift 6351 Industry Way Westminster, CA 92683 RE: 939 Via Lido Soud — Notice of Harbor Commission's Decision Mr. Swift, CITY OF NF+.4!PO RT gr -AC' 100 Civic Center Drive Newport Beach, California 92660 949 644-3311 1 949 644-3308 FAX newportbeachca.gov/PublicWorks Pursuant to Newport Beach Municipal Code Section 17.65.040(F), at a noticed public hearing of the Harbor Commission held on February 13, 2019, the Harbor Commission upheld the Public Works Director's denial of the Approval in Concept for the proposed residential dock reconfiguration at 939 Via Lido Soud, Newport Beach, CA. Pursuant to Newport Beach Municipal Code Section 17.65.020, the decision of the Harbor Commission will become final unless appealed by the filing of the necessary form and fees to the City Clerk's Office located at 100 Civic Center Drive, Newport Beach, CA 92660 within fourteen (14) days of the decision. If you have any questions or comments regarding this notice of decision, please feel free to contact me directly at (949) 644-3043. Regards, Chris Miller Administrative Manager Public Works Jacquelyn Chung From: Miller, Chris [CMiller@newportbeachca.gov] Sent: Friday, February 22, 2019 3:08 PM To: 'Jacquelyn Chung' Subject: RE: CONZELMAN - 939 Via Lido Soud Jacquelyn, Sorry for taking longer — I had some other pressing items to do yesterday and today, then wanted to put some thought into the fee for you for the Council meeting. The fee will be: • 1.5 hours for staff report preparation: $145.77 • Daily Pilot ad costs: $285.31 • % hour time at Council meeting: $48.59 Total cost: $479.67 Also, in your appeal request, please let me know what date you would prefer (or approximate date) for the hearing. The City Council meets the 2nd and 4t" Tuesday of every month. I'd prefer this could be heard within 60-90 days latest. Thank you, Chris From: Jacquelyn Chung <iacguelyn@swiftslipdocks.com> Sent: Friday, February 22, 2019 9:43 AM To: Miller, Chris <CMiller@newportbeachca.gov> Subject: CONZELMAN - 939 Via Lido Soud Chris, I'd very much like to submit the Conzelman appeal. I am waiting to receive the fee amount due so I may formally submit. I was hoping to submit today. My deadline is Monday. Can you please let me know what the fees will be for this appeal? Please contact me directly with any questions. Sincerely, Jacquelyn Jacquelyn Chung Director, Permits Division City of Newport Beach Revenue 100 Civic Center Dr. Newport Beach, CA 92660 949-644-3141 Welcome 005212-0005 Cyntia M. 02/26/2019 01:38PM MISCELLANEOUS Description: HBRO01 HARBOR APPEALS (WATER) (HBR001) HBR001 HARBOR APPEALS (WATER) (HBR001) 2019 Item: HBR001 1 @ 479.67 HBR001 HARBOR APPEALS (WATER) (HBR001) 479.67 Subtotal Total -------------- 479.67 479.67 479.67 CHECK 479.67 Check Number 12137 -------------- Change due 0.00 Paid by: SWIFT SLIP DOCK Thank you for your payment CUSTOMER COPY